Court of Petty and Special Sessions' Bill.—Dr. Addams and the Bar. 403 with the subject, by the following ab- require the imposition of additional taxes, stract: "1. Instead of a copy of the examination, the removing parish is to send a statement of grounds of removal, and to be confined at the trial of the appeal to the grounds set forth and specified in such statement. "2. The sessions are empowered to amend the statement of grounds of removal and grounds of appeal (in analogy to the power pressing with peculiar and unequal severity upon those engaged in the professions and in trade, reductions should be made in the expenses of administering the Poor Law, to the greatest degree compatible with the healthful maintenance and well-being of the poor. SESSIONS BILL. given to courts of record in civil cases by 3 & 4 COURTS OF PETTY AND SPECIAL Wm. 4, c. 42, s. 23). The amendment to be upon such terms, as to payment of costs or postponement of the trial, or both, as the sessions shall deem reasonable and just. 3. A power is given to amend the order it self more extensive than that given by the 5 Geo. 3, c. 19, s. 1, though so as to carry out what Lord Kenyon in Rex v. Chilverscoton, 8 Tem. Rep. 178, declared to have been, in his opinion, the original intention of that act. "4. Orders already quashed for any defect in the notice of chargeability or examination, are to be deemed and taken in any proceeding hereafter to have been quashed for defect of form, and not upon the merits, unless the contrary shall have been already adjudged between the same parties." "5. The decisions of the sessions as to granting or refusing amendments, and as to the sufficiency of the statement of grounds of reinoval on appeal, are to be final, except where they think fit to state a case for the opinion of the Court of Queen's Bench. "6. The removing parish is to be enabled to abandon the order at any time, whether before or after the entry of an appeal; costs of the other parish to be taxed by the taxing officer of sessions, either in or out of sessions, and recoverable like costs under 4 & 5 Wm. 4, c. 76" By the 10th section of this bill, a clerk is to be appointed for each of the new courts to be called "The Court of Special Sessions of the Peace," and, in all future appointments, the clerk of the Court of Petty Sessions shall act as the clerk of the division. The appointment is to be made Court of Special Sessions for the same by the justices of the peace residing in, or carrying on business in, the sessional division for which such appointment shall be made. The clerk is to hold his office during the pleasure of the justices, but he is not to be removed, except by the majority of the justices, attending a meeting for the purpose. In boroughs, where a separate commission of the peace is granted, the clerk of the Court of Special and Petty Sessions shall hold their offices in the same manner as the clerk to the justices of the borough. The bill does not set forth any particular qualification of these clerks, but we presume that the clause will be amended by rendering it necessary that he should be an attorney of one of the superior courts. DR. ADDAMS AND THE BAR AT It appears from the above analysis, that Mr. Baines has, no doubt judiciously, confined his attention to an endeavour to correct the admitted evil arising from the decision of settlement cases at Sessions upon technical grounds, and not upon merits. In removing this blot from the administration of justice, we trust he will THE extraordinary proceedings in the be cordially supported by the government, Arches' Court in the case of Geils v. Geils, without whose assistance it is extremely the observations made by Dr. Addams in difficult for any independent member, how- the progress of the argument, and the imever able or well qualified, to carry through putations directed against him of a violation parliament a measure of a practical nature, of professional etiquette, have led to a involving nothing beyond an amendment of meeting of the Bar practising at Doctors' the law. Under the Poor Laws Adminis- Commons. The result has been the publitration Act of last session, (10 & 11 Vict. cation of an advertisement in the daily c. 109,) this important branch of the execu- newspapers, which, in whatever light it is tive is placed under the control of persons considered, must be pronounced as curious to whom the public look with confidence and remarkable a document as any that has for great improvements in the administra- lately been submitted by a body of profestion of the law. Not only must useless sional men to the public. litigation be prevented, but unnecessary At a meeting of the Doctors' Commons offices abolished, and at a time when the Bar, at which the Queen's Advocate preexigencies of the country are supposed to sided, it appears, it was unanimously agreed 404 Dr. Addams and the Bar at Doctors' Commons. that a letter should be written to Dr. to express his regret that they should be Addams, upon the subject of his conduct in considered by that body capable of such a the case of Geils v. Geils, containing ex- construction, and to disclaim any intention tracts from the short-hand writer's notes of of treating the Bar collectively with dishis speech, reflecting on the Bar, and that respect. Dr. Addams, if he admitted their correct- They also entirely concurred as to the ness, should be requested to explain or propriety of his declaring that the language apologise for having used them. The com- in question was provoked by the offensive mittee to whom the duty was entrusted of language of the opposite counsel, and that communicating with Dr. Addams, accord- he considered it to have been fully justified, ingly transmitted to him the following ex- so far as regards them personally and intract from his speech: :dividually. In conformity with the advice so given "Why I did in that case what I do in 19 out by his friends, Dr. Addams, in his reply of 20, what I have done notoriously in every to the committee expresses himself as case where I take any interest, or I think it makes it worth while, I drew the allegation myself. Has the proctor any reason to com follows: plain to find fault? I should think not. It "I therefore have to express my regret that relieves him of responsibility. It is suggested the extracts to which you have called my atten there is something unprofessional in that. If tion should be considered by the bar capable so, I have been going on for the last 30 years and to disclaim any intention of treating the of being construed as reflecting upon that body, without knowing anything about it, and par- bar collectively with disrespect. ticularly with the knowledge of the counsel in the case, who have constantly put their names and taken their fees, and taken their credit without responsibility, or trouble, or consultation, or anything else, and they have been getting their speeches by heart in their chambers, which been fully justified so far as regards them perthey have come and mouthed out in court, sonally and individually." while I have been getting up the case. "I put myself up as a model. I do. I think I know how to draw pleas and conduct a case infinitely better than anybody else in this court. Undoubtedly, I am ready enough to admit that I am a minnow among tritons elsewhere, but I am really a triton among minnows swimming in these little waters. I think I have a right to take some credit to myself in these narrow walls. I do set myself up here." In reference to this extract, the committee intimated to Dr. Addams their conviction that (if his words were correctly reported) he would perceive, on calmly perusing them, that they were calculated greatly to offend the body of profesional men to whom they applied, and that it was imperative on the bar not to pass them by without notice. They doubted not he would feel it consistent with his own position to avail himself of this opportunity to explain or apologise for them. "At the same time I beg to declare that the language in question was provoked by the of that I did then, and do now, consider it to have fensive language of the opposite counsel, and At a meeting, held on Saturday last, the Doctors' Commons Bar declared they a cepted the apology offered by Dr. Addams, but at the same time came to the following resolutions : "That in the opinion of this meeting it is unprofessional for the pleadings, answers, and interrogatories to be drawn by the advocate alone, and without any communication with, or intervention of, the bar. "That it is the opinion of this meeting that it is unprofessional for the advocate, without the intervention of the proctor, to communicate during the progress of a cause with the witnesses about to be examined on the subject of their evidence." How the profession generally, or the public, may view this correspondence, and the proceedings of the learned advocates of Doctors' Commons upon this occasion, it would be presumptuous for us to anticipate. Dr. Addams, upon receiving this commu- It is impossible, however, not to perceive, nication, placed himself in the hands of that subjects of very, unequal importance three of his friends, Mr. Anderdon, Q. C., have been mingled together, and a remark Dr. Robinson, and Mr. A. J. Stephens, and able prominence given to that which appears those gentlemen, it seems, suggested to to be most insignificant. The vain-glorious him that, inasmuch as the two selected ex- self-laudation in which Dr. Addams in tracts from his reply in Geils v. Geils were dulged in a moment of excitement, and treated by the resolutions as reflecting avowedly under feelings of irritation, may, upon the Bar," and it was not his design in our judgment, have been passed over by by those passages from his speech to reflect his learned brethren with a smile, and ought upon the Bar in general, he would do right certainly never to have been made the sub Lease and Agreement requiring a Double Stamp.-Attorneys' Annual Certificate Duty. 405 ject of a grave demand for explanation.ments were made for attending Sir Robert The course of professional conduct which Peel, then the prime minister, the parties the advocates in their resolutions condemn, who had promoted one of the provincial -namely, drawing pleadings without con-petitions got the subject brought forward sulting other advocates engaged in the cause, without communicating with the law so(which we presume is what is meant,) and cieties in town and country, and consecommunicating with witnesses without the quently the discussion was cut short in a intervention of a proctor,-involves consi- very unsatisfactory way, and the prime derations of great importance to the pro- minister, instead of receiving the intended fession and the public, but on these points deputation, referred to the debate which Dr. Addams has not given, and does not had taken place as disposing of the quesseem to have been required to give, any ex- tion. The proper course will be to arrange a planation. The circumstances which could have induced an advocate engaged in such convenient time for bringing on the subject, extensive business as Dr. Addams, to adopt and give due notice to the persons having a practice at once so unusual and inconve- charge of the petitions, and the members Reasons against the nient, must be publicly known before his who presented them. conduct in this respect is determined upon. tax should be drawn up and circulated amongst the members of the house. Lancaster. Abergavenny. Aberystwyth, Col. Powell. Ashton-under-Lyne. Barnard Castle. Barnsley, Mr. Cobden. Barton-on-Humber. Barnstaple. Bawtry. LEASE AND AGREEMENT REQUIR- In a recent case, it appeared by a writing, that D. had purchased four messuages for the residue of a term, in one of which messuages A. resided, and it was agreed that A. should continue to reside in that messuage during the residue of D.'s interest in the term, if A. should so long live, at the yearly rent of 18. D. further agreed to assign all his interest in the premises so purchased to 4., on payment of 1407. within a stated period. Llandilo. Newcastle-under-Lyne Bideford, Mr. Brem- Norwich. This was held to be both a lease and an agreement, and consequently requiring an Colne. agreement as well as a lease stamp, because Crickham. the lease and the agreement comprehends Crowle. distinct subject matters: the lease being Chichester. for one house and the agreement comprising Cheltenham. four houses.a Dartford. Ely. Epworth. Honiton. Kirton-in-Lindsey. Kidderminster. Retford, East. Somerton and Lang Almost all the other petitions were presented by Mr. Headlam. About 20 petitions have also been presented from individual members of the profession. For further information, see the postscript. 406 Metropolitan and Provincial Law Association. METROPOLITAN AND PROVINCIAL ing the objects of the association. In conse LAW ASSOCIATION. quence of this address, they received the names of a considerable number of members, but not sufficient to justify at that time the adoption of THE chief advantage to the profession proceedings in furtherance of the various purposes of the association. They, therefore, cirwhich we expect will result from this asso-culated, in the month of August last, another ciation (as we have often pointed out) is, statement, with a letter personally addressed the union of the Country with the Town to each member of the profession. members. The Incorporated Law Society "This second appeal produced a large accomprises the great majority of the cession of members both in town and country, London firms of solicitors. In the and thereupon a meeting of the committee of country a small proportion only have management was held on the 29th October, when, adverting to the number and respectajoined the society. Although the annual bility of gentlemen who had agreed to join the subscription is but 17.; the admission fee, association, and the fair probability that when until recently, was 157., and is now 107. its objects were better known and appreciated, Those who seldom come to town, are, of it would be still more extensively supported, course, not induced to make this payment, the committee felt justified in declaring that the for, although they might receive the publi- association was then fully formed; and a cations of the society, they have no advantage from its extensive library, nor the information from parliament and the courts, daily collected and arranged in the Hall and Offices in Chancery Lane; nor have their clerks the benefit of resorting to the lectures and the reading and discussion rooms. The new association therefore seems well devised for uniting at a small annual expense, the country with the town practitioners, and enabling the committee of management effectually to communicate with a large body of the profession who, in joining the association, have given satisfactory proof of the interest they feel in promoting the general good. We trust that this principle of union amongst the whole profession as one body, wherever resident, and in whatever department of practice, whether in the courts of law or equity or otherwise, will be ever borne in mind. We are glad to observe the good understanding which evidently subsists between the New Association and the Incorporated Law Society, as shown abundantly in the several statements which have been published, and especially in the one now laid before our readers, and to which we would call their particular attention. THIRD ADDRESS OF THE COMMITTEE OF MANAGEMENT. special committee was appointed to consider the objects which should be carried out forthwith, and to report on the course of manage ment which should be adopted. "The special committee made their report on the 22nd of November, and the committee of management held a further meeting on the 11th December, at which the report was received and adopted; and the committee now consider that the time has arrived for proceed stated in the address of the 7th May as appear ing to carry into effect such of the objects under present circumstances to require the earliest attention. "Those objects are "1st. To extend the association itself, and to promote the establishment of district or local law societies throughout the kingdom. "2nd. To collect full information from the profession at large, and every other available source, on the points adverted to in the Address of May, 7, 1847, and on all others which it may be desirable for the committee of management to bring under the consideration of parliament, whether affecting the general administration of the law, or the peculiar grievances of the profession; and more especially to obtain ac curate statements of such facts as it may be important to establish before a parliamentary committee; and "3rd. To take such active measures in refer. ence thereto as may be judged desirable. "The attainment of the first of these objects must depend chiefly on the exertions of each member of the association, in his own district or neighbourhood, and will be best accomplished by the formation of district sub-committees, specially charged with this particular department of labour. The gentlemen who have already joined the association from the counties forming the Northern Circuit being sufficient, both with regard to their numbers, residence, and means of inter-communication, to undertake this important duty within that "The committee of management, on the 7th May last, issued an address to all the attorneys The names of the committee of manage and solicitors of England and Wales, explain-ment are stated in the advertisement. Metropolitan and Provincial Law Association. 407 to the collection and communication of information on the state and interests of the suitors as connected with the due administration of justice; to the careful preparation of materials for an appeal to the legislature, and of evidence to support it; and to the bills which may in the meantime be introduced into parliament,they feel that two other objects have peculiarly strong claims on the attention of the profession and the public. These are, the education of persons intending to become solicitors, and the supervision of the profession. The committee conceive that an improved system of professional education forms the true basis for the honour and usefulness of the profession; and the maintenance of an effective supervision affords to the public the best security against the abuse of professional power and privileges. district, a sub-committee, consisting of all the the association will be principally directed to members of the committee of management re- the extension of provincial law societies, and sident in those counties, has been appointed the increase of the numbers of this association; for such of the purposes of the association as can be effected locally; and Mr. John Sudlow, jun., of Manchester, has been appointed the honorary secretary of the association for that part of the kingdom. The committee of management, while they have seen with satisfaction such an accession of gentlemen from many other parts as affords the prospect of other districts being speedily furnished with distinct sub-committees and secretaries for local purposes, conceive that, for the present, the progress of the association will be best promoted by the appointment of one committee for the rest of the kingdom, with power to add any members of the association to their numbers. This power will enable them to associate with themselves those gentlemen in all parts of the country who may be willing to assist in paving the way for the formation of sub-committees, and the appointment of provincial secretaries in other quarters, an object which the committee of management deem of great importance, and are desirous to accomplish as soon as circumstances will permit. "1. Parliamentary proceedings. 2. Common law. 3. Equity. 4. Conveyancing. 5. The office and status of attorneys, their rights and privileges, particularly as to offices of distinction, the right of advocacy, and the restrictions of the Inns of Court; and 6. The grievances of the profession, particularly unjust and unequal taxation, encroachments of unqualified persons, fees, and emoluments." "It will be the duty of each sub-committee to collect the most extensive, minute, and accurate information upon the subjects delegated to their care, and to report the result to the general committee. "While these inquiries are in progress, it will be the province and duty of the committee of management to attend to the several bills which may be introduced into parliament affecting the administration of the law, and to offer to such measures support or opposition, as circumstances may require. "The sub-committees will meet during the session of parliament, and at such other times as may be found expedient, and they are empowered to invite the assistance of any members of the association; and in cases, where they are not specially authorized to act, to report their recommendation to the committee of management. "Whilst, for the present, the proceedings of "But as both these objects have received, and continue to engage, the careful attention of the Incorporated Law Society, (a body intrusted both with the examination and registration of attorneys and solicitors, and being armed with chartered rights and powerful influence, possessing the best means of effectually promoting them,) the committee of management conceive that they will contribute more to advance those great objects, by a steady and cordial support of the exertions of the Incorporated Law Society, than by any separate course of action with regard to them. The committee deem it no more than an act of justice to express their sense of the invaluable services which have been rendered both by the council of the Incorporated Society, and by a large number of its members, in the esta blishment of this association. It has been through the friendly aid and sanction of the Incorporated Society collectively, and of many of its members individually, that the association has been enabled to surmount some of the chief difficulties which always attend the organization of an extensive body, and to establish itself on a permanent footing. In re "To the same liberal spirit the committee of management are indebted for the invaluable aid, which, up to this period of their labours, the Incorporated Law Society has allowed them to receive from their able and indefatigable Honorary Secretary, Mr. Maugham. liance on this spirit, the committee of management recently ventured to request the council of the Incorporated Law Society to allow the continuance for some further time, of Mr. Maugham's services; and have the satisfaction of stating, that the council has kindly consented to those services being extended up to the first annual meeting of the association on the 19th April, 1848. "The extent of labour, however, required from the secretary of this association, which is already very considerable, and will go on The names of the members of these rapidly increasing, must soon render it imposseveral sub-committees are stated in the ad-sible for the same gentleman to undertake the vertisement. secretaryship of both institutions; and amongst |