Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

For every advertisement.
For every certificate or report.

£ s. d.

0 3 0

0 5 0

[ocr errors]

1

0

[ocr errors][merged small][merged small][ocr errors][merged small]

For every certificate upon the passing of a receiver's and consignee's account, a further fee in respect of each 100%. received of.

In the Masters' Offices.

[ocr errors]
[ocr errors][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors]

0

0

[merged small][merged small][ocr errors][merged small][merged small][merged small]

In the Registrars' Office. For every decree or decretal order on the hearing of a cause, or on further directions; and on the hearing of a special case, including the Court fee and the charge for entry 4 0 0 For every order for transfer or pay

ment out of Court of an amount not exceeding 2001. stock or cash, or interest on stock not exceeding 101. per annum, and for every order on petition where the petition is dismissed

For every order for transfer or payment out of Court of an amount exceeding 200l., but not exceeding 5001. stock or cash, or interest on stock exceeding 10l. per annum, and not exceeding 251. per annum, and for every order on special mo

0 10 0

In the Report Office.

[blocks in formation]

Upon every application for a search 0 For all office copies, at per folio Affidavits.

For filing every affidavit, with or without schedules or other papers thereto annexed, including exhibits, if any

For the copy of every affidavit, for

each folio

Upon every application to inspect an affidavit

026

[blocks in formation]

Upon every application for the officer to attend with an affidavit or affidavits at the Lord Chancellor's, or at any of the Courts at Westminster, or in London, each day Upon every application for the officer to carry an original affidavit to any assizes, for each day, besides reasonable expenses of officer.. 100 For every deponent, affirmant, or declarant to an affidavit, affirmation, or declaration sworn, affirmed, or declared in London, or within 10 miles of Lincoln's Inn Hall. Upon any application for the officer to attend an invalid, including the attendance.

In the Examiners' Office.

[merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors]

tion not herein otherwise specified 1 0 0 Upon every application to inspect de

[merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

1 0 0

200

[blocks in formation]

N.B.-These fees will shortly cease to be payable when the new system comes into operation.

In the Record and Writ Clerks' Office.

. 1 0 0 For all office copies, per folio. . 0 0 4

Further Orders in Chancery-Fees collected by Stamps.-Costs in Courts of Common Law. 11

[ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

122

Etiquette of the Bar.-The Bar and the Attorneys.

client.

to be fair and reasonable towards thegligence or want of skill will be lost to the practitioner, considering that the utmost economy has become necessary in the administration of Justice, as well in the Superior as in the Inferior Courts.

ETIQUETTE OF THE BAR.

WESTMINSTER COUNTY COURT.

THE Legal Examiner, which is avowedly edited by E. H. J. Crauford, Esq., the Barrister, M. P. for Ayr, states authoritatively that seven members of the Bar (including Mr. Crauford) have determined to commence a regular attendance at the Westminster County Court, and for the convenience of robing, holding consultations, &c., have secured a set of chambers in St. Martin's Court, in the immediate neighbourhood of the Court-house. It is also stated "that they intend to hold themselves at liberty, upon proper occasions, to exercise their common law right of direct communication with the client." It is added, however, that "the public interest and their own convenience conduce to render them most desirous that suitors should have their cases prepared by attorneys. But (they say) as a large class of cases could not bear a fee to an attorney, and a further fee of 11. 3s. 6d. to counsel, it is their intention, in cases under 20%., where no great difficulty is likely to arise, or much time to be consumed, to act in common with the special pleaders, and to mark half-a-guinea on their briefs."

[ocr errors]

Now, it will be recollected, that before the County Court Act of the last session passed,in which at the last moment (without notice) an alteration was introduced, rescinding the enactment requiring counsel to be instructed by attorneys, a comparatively small number of the junior Bar requested Sir A. Cockburn, then Attorney-General, to call a meeting for the purpose of altering the rule of the Bar on that subject; but the Attorney-General declined to convene the meeting, unless a certain number of the Bar signed the requisition, and that number not having been approached, no meet ing took place, and the rule of the Bar still remains in force.

The enactment in question does not affect that rule it merely places the County Courts on the same footing as the Superior Courts.

The time may arise when the Benchers will have to decide whether they should in any respect relax that rule, which the Judges of the Superior Courts and most of the Law Lords in Parliament have pronounced to be beneficial for the due administration of justice. But at present the rule remains unbroken in upon. In considering the question with reference to the interest of the suitor (for whose benefit lawyers of both branches exist), it must be remembered, that if barristers alone are employed, the following consequences will en

sue:

1. The responsibility of the attorney for ne

2. The right of taxation over the charges of the advocate or legal adviser will be at an end.

3. There will be no control over the fees which the barrister, or his clerk, may require.

4. The client and his witnesses must lose their time in personally attending the barrister, instead of being called on at their places of business by the attorney.

5. The barrister will have to direct the suitor to take various steps in preparing for the trial, many of which can only be efficiently done by legal practitioners, and the suitor will not be remunerated for the time thus bestowed and the inconvenience sustained in being absent from his business.

6. The suitor will have to attend the Court

personally (for which he will not be paid), instead of being represented by his attorney. Great loss and inconvenience will thus fall on the commercial and trading classes.

[blocks in formation]

To the Editor of the Legal Observer. SIR,-Although in daily communication with many of the members of my own branch of the Profession, I should probably have known nothing of that tissue of bombast and egotism which Mr. Rann Kennedy presented to his admirers, male and female, at that appropriate locality "Odd Fellows' Hall," if it had not been noticed and commented upon in your pages. Permit me to observe, that you, sir, have done us scant justice when you remark, that Mr. Kennedy's statements and opinions must not be taken as those of the Bar generally, nor even of any large section of it." The spirit and taste which dictated that address, I venture to believe, should secure the Bar from the imputation of sympathising with, or approving of, the sentiments clothed in such language, even if the offensive and disparaging statements indulged in at the expense of our branch of the Profession had been wholly omitted. The picture presented to a mixed auditory at Birmingham, represents both branches of the Profession as pretty equally entitled to public respect. Whilst the attor66 ruffians," 66 vaganeys are referred to as bonds," "rascal pettifogers," &c., the Bar are not only described as "slaves" and " puppets in the hands of attorneys," but as accommodating and sordid knaves ready to violate or evade their own acknowledged rules and to defraud others, under the most despicable and

The Bar and the Attorneys.-Review: Rouse's Copyhold Enfranchisement Manual. 13 sordid influences. The public are asked to being "required to make a fair abatement for recognise the class under the name of Mr. any losses sustained by the firm by whom he Pliant as introduced in the following flattering was employed," or allowed a fee for every third sketch:conference. In this instance at least, sir, I am

"The firm of Sharp & Co. employ for their satisfied that Mr. Kennedy has drawn upon barrister in ordinary Mr. Pliant, who married his imagination rather than upon his experia sister of Mr. Craft, one of the firm. If any ence. He has been abused by others, or has one ventures to suggest that he should like to retain Mr. for his cause, he is immedi- abused himself. So far as I can collect their ately, told "Mr. Pliant is our junior counsel." opinion, the Bar generally regard Mr. KenThus a man speaks of his butcher or his baker. nedy's statements as the ravings of a morbid Mr. Pliant has, in the course of the year, and disappointed man, and are equally astoabout a hundred briefs from Sharp & Co., and nished and grieved to find that it was consiabout a hundred and fifty conferences on points of practice and other matters with the dered in a more serious light by some of the managing clerk. He receives his fees in one gentlemen who attended the meeting of the or two yearly payments, making a fair abate- Metropolitan and Provincial Law Association ment for any losses sustained by Sharp & Co., and being allowed a fee for every third conferat Derby. Protesting against the supposition ence that is, at the rate of seven shillings that the eccentric course pursued by Mr. Kena piece. This is a highly beneficial arrange- nedy has the sanction or approval of any ment for both parties. Sharp & Co., or the section-large or small-of the Bar, I may, clients (we don't know which), get a reduction nevertheless, be permitted to doubt, whether of what they must have paid on the rigid

guinea rule, Mr. Pliant is brought constantly the spirit in which the relations between the before the public, and is reputed to be a man two branches of the Profession was discussed of considerable practice; ultimately he rises to by some of the speakers at the Derby Meeting an eminent position to which Sharp & Co. was calculated to advance the real interests boast of having raised him. Now, I say, there is nothing in the least objectionable in the ar- either of the one or the other. Perhaps, on rangement between Mr. Pliant and Sharp & this question, in some future Number, you may Co.," &c. | be able to afford space for the views of A BARRISTER.

Temple, 3, Nov., 1852.

NOTICES OF NEW BOOKS.

The Copyhold Enfranchisement Manual; comprising the Copyhold Act, 1852, (15 & 16 Vict. c. 51,) with numerous and explanatory Notes; upwards of fifty Forms required in the Proceedings; Suggestions to Lords, Stewards, and Tenants, protective of their several Interests; and to Valuers, in the performance of their duties; upwards of Twenty Rules and Tables for valuing the Lord's different Rights, with Examples; also a Statement of the Law under the previous Acts. By ROLLA ROUSE, Esq., Barrister-at-Law, Author of "The Practical Man," &c., &c. London: Butterworths. 1852. Pp. 131.

Now, sir, it does unfortunately, happen, that both branches of our somewhat too numerous Profession, afford instances of discreditable practitioners. It is, perhaps, impossible to prevent their intrusion into the Legal Profession, as it is found to be in the Ecclesiastical and Military Professions. If I had heard Mr. Rann Kennedy's name in connexion with his Birmingham speech, I should have concluded that his intercourse had been confined to the lowest class of practitioners. It is notorious, however, that Mr. Kennedy is related to the leading members of a firm whose respectability does not consist "in a vast accumulation of six-and-eight-pences," but in a well-deserved reputation for probity, ability, and honour. In an earlier stage of his career, those who frequented Westminster Hall, remember that Mr. Kennedy was, to use his own words, "brought constantly before the public" MR. ROUSE's former works on the by the legitimate influence exercised on his behalf by the firm alluded to. How, or why, and his Book of Copyhold Practice, ensure Copyhold Acts of 1841, 1843, and 1844, that influence came to be withheld, I care not his competency to the task of editing the to inquire, but I should insult Mr. Kennedy New Act, of 1852. His introductory reand grossly libel the eminent solicitors to marks and suggestions, his annotations on whom he was indebted for so many favourable the Act and his practical Forms, Rules, opportunities of displaying his professional and Tables of Valuation, are highly valuability, if I suggested the possibility of his able to all persons engaged in copyhold

14

Review: Rouse's Copyhold Enfranchisement Manual.

transactions. The work has been most each case on the best course to be adopted; carefully and accurately compiled.

We extract the following from the Preface, showing the scope of the Volume, and proving how thoroughly the subject is understood by Mr. Rouse. We doubt not that, if his advice be followed, both the copyholders and the Profession will be greatly benefited :

"The Copyhold Acts of 1841, 1843, and 1844, applied almost exclusively to voluntary commutations and enfranchisements; being only compulsory in their provisions in cases of manorial commutations, in which a large proportion in number and interest of the lords and tenants agreeing on commutation, it was rendered compulsory on the remainder.

"The Act of 1852 renders enfranchisement compulsory, on application of either lord or tenant, where admission takes place on and after 1st July, 1853; and by an excellent clause introduced by the House of Lords (s. 27), such power to enfranchise is extended to customary freeholds subject to heriots.

"That Act also facilitates voluntary commutations and enfranchisements, by allowing them to be effected, in consideration of fines and rent-charges as well to commutations and rentcharges as to enfranchisement, fixed in money instead of being made variable according to the price of corn as under the previous Acts,-a restriction which rendered the previous Acts almost inoperative in practice.

"Whilst voluntary commutations and enfranchisements were alone provided for, and were thus restricted in the terms on which they might be made, there was comparatively but little inducement to lords, stewards, or copyholders, to make themselves acquainted with the provisions of the law; but enfranchisements being now made compulsory after a limited period, it becomes necessary that those whose interests are to be affected should qualify themselves to protect those interests in any proceedings under the late Act.

numerous forms, rules, and tables are also given, and suggestions to valuers in the performance of their duties.

"To those who may wish principally to adopt compulsory enfranchisements, this work will, it is trusted, be found complete in itself, not merely as to what can be done, but as to the terms on which enfranchisements ought to be effected to do justice to all parties, and as to the expediency of the various proceedings, and the best course to be adopted by each interested party.

"To those who may desire to take the more extended view of the subject, and avail themselves of the provisions for voluntary commutation and enfranchisement, this work, with my other works on the subject, will give the information required, in order fully to understand the subject, in its legal, mathematical, and practical bearings.

"In the present and my other works, the subject is not treated of in its merely legal point of view, including the practice and forms, but is considered mathematically; such consideration of the subject being the result of many years' attention; and I confidently hope that I have given such information as may be clearly understood, may be relied on, and will enable every person to protect his interest in negotiations and arrangements, whether for commutation or enfranchisement.

"I have thought it better to give the law, practice, &c., under the late Act, with a general view of the subject, in a separate work, rather than to prepare one embodying all the Acts, and the full information applicable to all, as it will enable those who may wish to principally limit their inquiries to the provisions of the late Act, to do so at a trifling expense, and those who may wish to understand and adopt the powers in the Acts generally will be able from this and my other works to do so as readily and at less expense than had I prepared an entirely fresh work, embodying all the Acts, forms, &c.; as I must have repeated almost every page of my previous works."

The alterations made since the publication of those works are of a nature to simplify the proceedings and remedies, and would have called for scarcely any alteration.

"Instead of confining themselves to that limited view of the subject, I would most strongly urge the taking a more extended view of it, as I am convinced that it will be of advantage to all parties to adopt largely and liberally the powers now given for voluntary "At the risk of being thought to give intertransactions on terms beneficial to the interests ested advice, but which I really give under the of all, especially as regards commutations, by belief that it will be beneficial to those to whom which, without any outlay worth mentioning it is offered, I would most strongly recommend on the part of the copyholder, all the disad- to lords, to stewards, and to copyholders, to vantages of copyhold tenure may be got rid of, make themselves thoroughly acquainted with and all the advantages retained, and in addition, the subject of commutation and enfranchisefacilities given for effecting subsequent enfran-ment. Such a knowledge will qualify them to chisements without difficulty, and on terms enter into arrangements beneficial to themjust towards both lord and tenant."

The work has been prepared with a view to enable all interested parties fully to understand the subject, to avail themselves, with the greatest advantage, of the powers given by the late Act, and to determine in

selves, and also to those with whom they treat. They will be enabled to select the plan most applicable to the circumstances of each case, to adopt enfranchisement, where most beneficial to when most beneficial to retain it. entirely change the tenure, and commutation

"In the suggestions to lords, stewards, and

« EelmineJätka »