Remuneration of Solicitors.-Law of Attorneys and Solicitors.

their practice to the management of property, and leave the conduct of actions and suits to those who may be content with diminished remuneration, but whose means will not enable them to conduct suits requiring large outlay and the responsibilities of which they will rarely be able to satisfy. In this state of things, and of the difficulties which surround the important changes which have taken place, we have received some suggestions which deserve the serious consideration of that great branch of the Profession, whose interests it is our duty to advocate, and for the present we submit to our readers the following points :

:

225

LAW OF ATTORNEYS AND SO-
LICITORS.

LIEN ON TRUST DEEDS.

THE Court of Chancery has jurisdiction on petition over deeds which have been de livered by executors to their solicitors, but will protect the lien of the solicitors on the fund arising from the property to which the deeds relate, where advances have been made and costs incurred on behalf of the parties beneficially interested.

In a recent case before the Lords Justices, Lord Justice Knight Bruce said, "When a solicitor has received docu1. In that large class of legal business ments belonging to his client, a jurisdiction which relates to the sale and purchase of of a summary nature attaches, under which property, an ad valorem scale of allowance possession of them may be recovered. As might be established, graduated according they cannot be taken from him without to the amount otherwise in small trans- doing justice, it follows that in this sumactions the allowance would be inadequate. mary jurisdiction an investigation may be This principle of remuneration prevails to made into the grounds on which he holds a certain extent in Scotland, and seems to them, and that provision must be made for be just, because it estimates responsibility satisfying his claim (if any). This has as well as skill and labour. been the settled course of the Court for 2. There might be a per-centage allowed years. Suppose the solicitor of C., a trusas part of the remuneration for conducting tee, to receive documents belonging to the administration suits, which form a large trust, knowing them to belong to the trust, part of what may be termed the trust busi--the solicitor incurs, in that transaction, ness of the Court of Chancery.

3. A large discretionary power should be given to the Taxing Master, subject to appeal to a Judge at Chambers, or to the Court, in cases where great skill has been exercised, expense saved, and the termination of the action or suit expedited.

4. Interest should be allowed on the fees and disbursements paid in actions and suits, where the client is unable or fails to make advances for the outlay, and especially where the costs of the attorney remain unpaid upwards of a year.

Now, the first

for

an immediate liability to those for whom C. was a trustee, and, with that liability, a liability also, generally, to the same remedies, for the purpose of recovering possession of the deeds, as C. himself is liable to. That is the general rule, which, however, may be liable to exception under particular circumstances. question here is, whether the solicitors ought to be taken to have received the documents with notice of the purpose which their client held them. They were his solicitors, and have been so in this 5. The fees allowed in Lord Hardwicke's cause. They state that they received the time, and increased by Lord Erskine, should documents as his solicitors, he being only be carefully revised. It is now 46 years a mortgagee, and for the purpose of this since Lord Erskine and Sir William Grant did the practitioner the justice of making some increase in the old fees, and the progress of Law Reform since 1806, has cer"That disposes of the question of the netainly been greater than in the preceding cessity of instituting another suit or claim. 50 years. We trust, therefore, that the There is an ample fund in Court, and the present Lord Chancellor and Master of the parties are willing to submit to an order Rolls, with the Vice-Chancellors, will con- that a sufficient amount shall remain uncur in a complete revision and amendment disturbed and liable to make good the lien, of the present scale of costs, and with the if any, with a reference to the Master as aid of the Taxing Masters and Solicitors, to the quantum." An order therefore to do justice alike to the suitor and the prac- that effect was made. Francis v. Francis, titioner. 2 De G. M'N. & G. 77.

jurisdiction it ought, I think, to be inferred that they received the documents with notice of the nature of the title.

Colonial Appeals-Regulations of the Judicial Committee.

Colonial Appeals.-Common Law Examiners.—Birmingham Law Students' Society. 227

respecting appeals from final judgments, decrees, orders, and sentences.

COMMON LAW RULE APPOINTING
EXAMINERS FOR 1853.

Hilary Term, 1853.

Provided also, that if in any action, suit, or other proceeding, it shall so happen that no final judgment, decree, order, or sentence can be duly given in consequence of a disagreement IT is ordered, that the several Masters for of opinion between the Judges of the said the time being of the Courts of Queen's Bench, Court, then and in such case the final judgment, decree, order, or sentence may be en- Common Pleas, and Exchequer, respectively, tered, pro formá, on the petition of any of the together with Benjamin Austen, Keith Barnes, parties to the action, suit, or other proceeding, Edward Savage Bailey, Thomas Clarke, Wilaccording to the opinion of the Chief Justice, liam Loxham Farrer, John Swarbreck Gregory, or in his absence, of the Senior Puisne Judge of the said Court. Provided, that such judg- Germain Lavie, Joseph Maynard, William ment, decree, order, or sentence shall be Henry Palmer, Edward Rowland Pickering, deemed a judgment, decree, order, or sentence Charles Ranken, William Sharpe, John James of the Court for the purpose of an appeal Joseph Sudlow, Augustus Warren, William against the same, but not for any other pur- Williams, and John Young, gentlemen, attor

pose.

Provided always, and it is hereby ordered, that nothing herein contained doth or shall extend or be construed to extend to take away or abridge the undoubted right and authority of her Majesty, her heirs and successors, upon the humble petition of any person or persons aggrieved by any judgment or determination of either of the said Courts, at any time to admit his, her, or their appeal therefrom, upon such terms, and upon such securities, limitations, restrictions and regulations, as her Majesty, or her heirs or successors, shall think fit, and to reverse, correct, or vary such judgment or determination as to her Majesty, her heirs or successors, shall seem meet.

neys at law, be and the same are hereby appointed Examiners for the present year, to examine all such persons as shall desire to be admitted attorneys of all or either of the said Courts, and that any five of the said Examiners (one of them being one of the said Masters) shall be competent to conduct the said examination, in pursuance of and subject to the provisions of the Rule of all the Courts made in this behalf in Easter Term, 1846.

CAMPBELL,

JOHN JERVIS,
FRED. POLLOCK.

BIRMINGHAM LAW STUDENTS'
DEBATING SOCIETY,

ESTABLISHED, 1848.

Patrons.

M. D. Hill, Esq., Q. C., Recorder of Birmingham.

John Balguy, Esq., Q, C., Commissioner of the Court of Bankruptcy.

E. R. Daniel, Esq., Q. C., Commissioner of the Court of Bankruptcy.

And it is further ordered, that in all cases of appeal made from any judgment, order, sentence, or decree of the said Court to her Majesty, her heirs or successors, in her or their Privy Council, such Court shall certify and transmit to her Majesty, her heirs and successors, in her or their Privy Council, a true and correct copy of all evidence, proceedings, judgments, decrees, and orders, had or made, in such cases appealed against, so far as the same have relation to the matters of appeal, such copies to be certified under the seal of the said Court. And that the said Court shall also certify and transmit to her Majesty, her heirs and successors, in her or their Privy Council, a copy of the reasons given by the Judges of such Court, or by any of such Judges, for or against the judgment or determination appealed against. And it is further directed and ordained, that the said Court shall, in all cases of appeal to her Majesty, her heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as her Majesty, her heirs or successors, in her or their Privy Council shall think fit to make in the premises, in such manner as any original judgment, decree, or decretal orders, or other order or rule of the said Court, should or might have been exe-legal character. cuted.

And the Right Honourable Sir John Pakington, Bart., one of her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

C. C. GREVILLE.

Leigh Trafford, Esq., Judge of the County Court.

At the Annual General Meeting, held on the 5th January inst., at the Philosophical Institution, Cannon Street. C. T. Saunders, Esq., in the Chair.

The report having been read by the secretary, from which it appeared

That the members of the Society had been engaged in the study of " Chitty on Contracts," "Williams on Personal Property," and the current Examination Questions, and in the discussion of Moot Points of a jurisprudential and

That the ordinary fortnightly meetings had been held without one omission, and that the average attendance of members had much increased.

That the Society at present consists of 111 honorary members and 27 ordinary members.

228

Birmingham Law Students' Debating Society.-Attorneys to be Admitted.

That the library had been augmented during | December last, the chairman then presented the past year by the purchase of Petersdorff's to Mr. M. A. Fitter "Townsend's State Trials," Abridgment of the Common Law Reports, 15 as an acknowledgment of the important servols., and seven text books upon various vices he has rendered to the Society during his branches of the law, and that several other long connexion with it.

works decided upon would be placed in the library as soon as published.

It was moved by Thomas Martineau, Esq., seconded by Mr. C. E. Mathews, and

Resolved, That the report of the proceedings of the past year now presented by the Committee be received and adopted.

It was moved by Mr. M. A. Fitter, seconded by Mr. Francis Sanders, and

Resolved unanimously,―That the best thanks of this meeting be presented to Arthur Ryland, Esq., for his kind exertions to procure the use of the Law Library for the Society's meetings. In pursuance of a resolution adopted at a Special Meeting of the Society, held on the 8th

The following officers were elected for the

ensuing year :

Committee.

C. T. Saunders, Esq., Honorary Member. Mr. M. A. Fitter, Mr. G. J. Johnson, Mr. Francis Sanders, and Mr. John Neve, Ordinary Members.

Honorary Secretary, Mr. G. J. Johnson, 64, Little Charles Street.

Honorary Corresponding Secretary, Mr Francis Sanders, 30, Waterloo Street. Honorary Librarian, Mr. J. Neve, 5, Old Square.

ATTORNEYS TO BE ADMITTED.

Easter Term, 1853.

[Concluded from page 194, ante.]
Queens Bench.

Clerks' Names and Residences.

Edwin, William, Bayldon-house, Walworth .
Evans, Asa Johnes, 18, Upper Marylebone-street,
Portland-place; and Kilgerran

Evans, Edward, 7, King's-bench-walk, Temple
Fewster, John Reed, 10, Gordon-street, Islington;

Alfred-street; and Durham

Fitter, Matthew Alexander, Edgbaston, near Bir-
mingham

Froom, Charles Poole, 6, Oxford-sq., Hyde-park
Garrod, John James, 3, Belgrave-street, South
Pimlico; and Wells

Giraud, Francis Fred., 23, Calthorpe-st., Gray's-
inn-road; and Ashford

Glubb, Albert Chas. Lyne, 10, Essex-st., Strand;
Chadwell-street; and Liskeard

Goodman, William Benjamin, King's Lynn
Greenhill, Charles Pope, 38, Woburn-pl., Russell-
square; and Lewes

Haddelsey, George Robert Foster, Caistor; and
Kingston-upon-Hull

Hannay, William, 8, Tichborne-st., Edgware-road;
Goulden-terrace; and Nottingham .

Hargreaves, Joseph, Bradford

Haye, James, 20, Chadwell-street, Myddleton-sq.;

and Launceston.

R. J. Shafto, Durham

W. S. Harding, Birmingham

W. W. Aldridge, Gray's-inn

E. Davies, Wells

R. Furley, Ashford; S. C. Venour, Gray's-inn-sq.

P. Glubb, Liskeard

C. Rollings (since dead), Birmingham

J. E. Fullagar, Lewes

C. R. Haddelsey, Caistor

W. Enfield, Nottingham

J. Wood, Bradford, Yorkshire

N. H. P. Lawrence, and S. R. Pattison, both of
Launceston

S. Bellamy, Gainsborough; C. Bell, Bedford-row
T. Dodge, Liverpool; and A. L. Hardman, Man-
chester

C. Hyde, Ely-place

E. R. Anderson, York

W. H. Thomas, Aberystwith

S. H. Jebb, Boston

P. H. Watts, Bath

W. Jacomb, Huddersfield

G. S. Burdett, Saffron Walden; N. C. Milne,
Temple

. J. Jones, Worcester

Jones, Thomas, 60, Stanhope-street, Hampstead-rd. G. Wray, Percy-street; T. Robinson, South-sq.;