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Remuneration of Solicitors.-Law of Attorneys and Solicitors. their practice to the management of pro-| LAW OF ATTORNEYS AND SOperty, and leave the conduct of actions and
LICITORS. suits to those who may be content with diminished remuneration, but whose means will not enable them to conduct suits re
LIEN ON TRUST DEEDS. quiring large outlay and the responsibilities The Court of Chancery has jurisdiction of which they will rarely be able to satisfy. lon petition over deeds which have been de
In this state of things, and of the dif- livered by executors to their solicitors, but ficulties which surround the important will protect the lien of the solicitors on the changes which have taken place, we have fund arising from the property to which the received some suggestions which deserve deeds relate, where advances have been the serious consideration of that great made and costs incurred on behalf of the branch of the Profession, whose interests it parties beneficially interested. is our duty to advocate, and for the present' In a recent case before the Lords we submit to our readers the following Justices, Lord Justice Knight Bruce said, points :
-“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 I 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 vears. 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.
an immediate liability to those for whom C. 3. A large discretionary power should be was a trustee, and, with that liability, a given to the Taxing Master, subject to liability also, generally, to the same reappeal to a Judge at Chambers, or to the medies, for the purpose of recovering posCourt, in cases where great skill has been session of the deeds, as C. himself is liable exercised, expense saved, and the termina- to. That is the general rule, which, howtion of the action or suit expedited. ever, may be liable to exception under
4. Interest should be allowed on the particular circumstances. Now, the first fees and disbursements paid in actions and question here is, whether the solicitors suits, where the client is unable or fails to ought to be taken to have received the make advances for the outlay, and especially documents with notice of the purpose for where the costs of the attorney remain un- which their client held them. They were paid upwards of a year.
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 jurisdiction it ought, I think, to be inferred did the practitioner the justice of making that they received the documents with some increase in the old fees, and the pro- I notice of the nature of the title. gress of Law Reform since 1806, bas 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,
2 De G. M‘N. & G. 77.
Colonial Appeals— Regulations of the Judicial Committee.
successors, or to any fee of office, or other such
like matter or things, whereby the rights of her REGULATIONS OF THE JUDICIAL COM
Majesty, her heirs or successors may be bound, MITTEE.
the person or persons feeling aggrieved by any Ar the Court at Windsor, the 27th day of such judgment, decree, order, or sentence may, November. 1852. Present. the Queen's within 14 days next after the same shall have
been pronounced, made, or given, apply to the most excellent Majesty in Council. said Court by motion for leave to appeal thereWhereas by an Act passed in the Session of from to her Majesty, her heirs and successors, Parliament, holden in the 7th and 8th years of in her or their Privy Council, or if the said her Majesty's reign, intitled “ An Act for Court be not sitting, then by petition to either amnending an Act passed in the 4th year of the of the Judges of the said Court. And in case reign of his late Majesty, intituled • An Act such leave to appeal shall be prayed by the for the better Administration of Justice in his party or parties who is or are directed to pay Majesty's Privy Council, and to extend its Ju. any such sum of money or perform any duty, risdiction and Powers;'" it was amongst other the said Court or such Judge as aforesaid, things provided, that it should be competent shall and is hereby empowered either to direct for her Majesty, by an order or orders, to be that the judgment, decree, order, or sentence apfrom time to time for that purpose made, with pealed from shall be carried into execution, or the advice of her Privy Council, to provide for that the execution thereof shall be suspended the admission of any appeal or appeals to her pending the said appeal, as to the said Court Majesty in Council, from any judgments, sen- or such Judge as aforesaid may appear to be tences, decrees, or orders of any Court of Jus. most consistent with real and substantial tice within any British colony or possession justice. And in case the said Court, or such abroad, although such Court shall not be a Judge as aforesaid, shall direct such judgment, Court of Errors or a Court of Appeal within decree, order, or sentence to be carried into such colony or possession; and it shall also be execution, the person or persons in whose competent to her Majesty, by any such order or favour the same shall be given, shall, before orders as aforesaid, to make all such provisions the execution thereof, enter into good and sufas to her Majesty in Council shall seem meet ficient security, to be approved by the said for the instituting and prosecuting any such Court, or such Judge as aforesaid, for the due appeals, and for carrying into effect any such performance of such judgment or order as her decisions or sentences as her Majesty in Council Majesty, her heirs and successors, shall think shall pronounce thereon: Provided always, that fit to make upon such appeal. And that in all it shall be competent to her Majesty in Council cases, security shall also be given by the party to revoke, alter, and amend any such order or or parties appellant in a bond or mortgage or orders as aforesaid, as to her Majesty in Coun- personal recognizance, not exceeding the value cil shall seem meet :
of 500l. sterling, for the prosecution of the And whereas it is expedient that provision appeal and for the payment of all such costs should be made in pursuance of the said recited as may be awarded by her Majesty, her heirs enactment to enable parties to appeal in civil and successors, or by the Judicial Committee causes from the decisions of the Supreme Court of her Majesty's Privy Council, to the party or of the province of New Brunswick to her Ma- parties respondent; and that such security as jesty in Council, the same not being a Court of aforesaid for the prosecution of the appeal, and Error or of Appeal :
for the payment of all such costs as may be It is hereby ordered by the Queen's most awarded, be completed within 28 days from the excellent Majesty, by and with the advice of date of the motion or petition for leave to her Privy Council, that any person or persons appeal; and the party or parties appellant may appeal to her Majesty, her heirs and suc. shall then, and not otherwise, be at liberty to cessors, in her or their Privy Council, from prefer and prosecute his, her, or their appeal to any final judgment decree, order, or sentence her Majesty, her heirs and successors, in her of the said Supreme Court of the province of or their Privy Council, in such manner and New Brunswick, as a Court of Civil Judica- under such rules as are or may be observed in ture, or as a Court of Revenue or of Escheat, appeals made to her Majesty from her Main such manner, within such time, and under jesty's colonies and plantations abroad. and subject to such rules, regulations, and And it is further ordered, that it shall be limitations as are hereinafter mentioned ; that lawful for the said Court, at its discretion, on is to say, in case any such judgment, decree, the motion, or if the said Court be not sitting, order, or sentence shall be given or pronounced then for either of the Judges of the said Court, for or in respect of any sum or matter at issue upon the petition of any party who considers above the amount or value of 3001. sterling, himself aggrieved by any preliminary or interor in case such judgment, decree, order, or locutory judgment, decree, order, or sentence sentence shall involve directly or indirectly, any of the said Court, to grant permission to such clair, demand, or question to or respecting party to appeal against the same to her Ma. property in any civil right amounting to or of | jesty, her heirs and successors, in her or their the value of 3001, sterling, or in case the matter Privy Council, subject to the same rules, regu: in question relates to the taking or demanding lations, and limitations, as are herein expressed
Colonial Appeals.-Common Law Examiners. – Birmingham Law Students' Society. 227 respecting appeals from final judgments, de-1 COMMON LAW RULE APPOINTING crees, orders, and sentences.
EXAMINERS FOR 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
Hilary Term, 1853. be duly given in consequence of a disagreement It is ordered, that the several Masters for of opinion between the Judges of the said on Court, then and in such case the final judg-1
the time being of the Courts of Queen's Bench, ment, decree, order, or sentence may be en- Common Pleas, and Exchequer, respectively, tered, pro formd, 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, .. or in his absence, of the Senior Puisne Judge
i liam Loxham Farrer, John Swarbreck Gregory, 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 purpose.
Williams, and John Young, gentlemen, attorProvided always, and it is hereby ordered, neys at law, be and the same are hereby ape that nothing herein contained doth or shall ex- pointed Examiners for the present year, to tend or be construed to extend to take away or examine all such persons as shall desire to be abridge the undoubted right and authority of her Majesty, her heirs and successors, upon admitted attorneys of all or either of the said the humble petition of any person or persons Courts, and that any five of the said Examiaggrieved by any judgment or determination of ners (one of them being one of the said either of the said Courts, at any time to admit Masters) shall be competent to conduct the his, her, or their appeal therefrom, upon such terms, and upon such securities, limitations, S
said examination, in pursuance of and subject restrictions and regulations, as her Majesty, or to the provisions of the Rule of all the Courts her heirs or successors, shall think fit, and to made in this behalf in Easter Term, 1846. reverse, correct, or vary such judgment or de
CAMPBELL, termination as to her Majesty, her heirs or
JOHN JERVIS, successors, shall seem meet.
FRED. POLLOCK. 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, BIRMINGHAM LAW STUDENTS' her heirs or successors, in her or their Privy
DEBATING SOCIETY, Council, such Court shall certify and transmit to her Majesty, her heirs and successors, in her
ESTABLISHED, 1848. or their Privy Council, a true and correct copy
Patrons. of all evidence, proceedings, judgments, decrees, and orders, had or made, in such cases appealed
M. D. Hill, Esq., Q. C., Recorder of Biragainst, so far as the same have relation to mingham, the matters of appeal, such copies to be certi. John Balguy, Esq., Q, C., Commissioner of fied under the seal of the said Court. And that the Court of Bankruptcy. the said Court shall also certify and transmit | E. R. Daniel, Esq., Q. C., Commissioner of to her Majesty, her heirs and successors, in the
successors, in the Court of Bankruptcy. her or their Privy Council, a copy of the Leigh Trafford, Esq., Judge of the County reasons given by the Judges of such Court, or Court. . by any of such Judges, for or against the At the Annual General Meeting, held on the judgment or determination appealed against. 5th January inst., at the Philosophical InstituAnd it is further directed and ordained, that tion, Cannon Street. C. T. Saunders, Esq., in the said Court shall, in all cases of appeal to the Chair. her Majesty, her heirs or successors, conform The report having been read by the secretary, to and execute, or cause to be executed, such from which it appeared judgments and orders as her Majesty, her heirs! That the members of the Society had been or successors, in her or their Privy Council engaged in the study of “Chitty on Contracts," shall think fit to make in the premises, in such “ Williams on Personal Property," and the manner as any original judgment, decree, or current Examination Questions, and in the disdecretal orders, or other order or rule of the cussion of Moot Points of a jurisprudential and said Court, should or might have been exe- legal character. cuted.
That the ordinary fortnightly meetings had And the Right Honourable Sir John Paking- been held without one omission, and that the ton, Bart., one of her Majesty's Principal Se- average attendance of members had much incretaries of State, is to give the necessary di- creased. rections herein accordingly.
That the Society at present consists of 111 C. C. GREVILLE. honorary members and 27 ordinary members.
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.
The following officers were elected for the It was moved by Thomas Martineau, Esq., lan seconded by Mr. C. E. Mathews, and
Sq.ensuing year :Resolved,—That the report of the proceed.
Committee. ings of the past year now presented by the C. T. Saunders, Esq., Honorary Member.. Committee be received and adopted.
Mr. M. A. Fitter, Mr. G. J. Johnson, Mr. It was moved by Mr. M. A. Fitter, seconded Francis Sanders, and Mr. John Neve, Ordinary by Mr. Francis Sanders, and
Members. Resolved unanimously, — That the best thanks Honorary Secretary, Mr. G. J. Johnson, 64, of this meeting be presented to Arthur Ryland, Little Charles Street. Esq., for his kind exertions to procure the use. Honorary Corresponding Secretary, Mr. of the Law Library for the Society's meetings. Francis Sanders, 30, Waterloo Street.
In pursuance of a resolution adopted at a Honorary Librarian, Mr. J. Neve, 5, Old Special Meeting of the Society, held on the 8th ( Square,
ATTORNEYS TO BE ADMITTED.
Easter Term, 1853.
To whom Articled, Assigned, &c.
" J. Smith, Cardigan Evans, Edward, 7, King's-bench-walk, Temple F. Boydell, Chester Fewster, Jobn Reed, 10, Gordon-street, Islington;
Alfred-street; and Durbam . . . . R. J. Shafto, Durham
. . W. S. Harding, Birmingham
. . E. Davies, Wells Giraud, Francis Fred., 23, Caltborpe-st., Gray's.
inn-road ; and Ashford . . . . . R. Furley, Ashford ; S. C. Venour, Gray's-inn-sq. Glubb, Albert Cbas. Lyne, 10, Essex-st., Strand;
Chadwell-street; and Liskeard . ". P. Glubb, Liskeard
. . J. E. Fullagar, Lewes Haddelsey, George Robert Foster, Caistor; and
Kingston-upon-Hull . *: . C. R. Haddelsey, Caistor Hannay, William, 8, Tichborne-st., Edgware-road;
Goulden-terrace; and Nottingham . . . W. Enfield, Nottingham Hargreaves, Joseph, Bradford .. . J. Wood, Bradford, Yorkshire Haye, James, 20, Chadwell-street, Myddleton-sq.; N. H. P. Lawrence, and S. R. Pattison, both of and Launceston e
Launceston Heathcote, Edward, 9, Albion-place, Hyde-park , S, Bellamy, Gainsborough; C. Bell, Bedford-rom
gidepark : s. Bellamy, Gainsborough; Hodgson, James Leyland, Pendleton, near Man- T. Dodge, Liverpool ; and A.L. Hardman, Man. chester . . .
chester Hyde, Jas. Trevelyan, 1, Higbgate-rise, Middlesex C. Hyde, Ely-place Jackson, Samuel, jun., York .
E, R. Anderson, York James, Richard, 10, Warwick-court, Holborn;
and Aberystwith . . . . . . W. H. Thomas, Aberystwith Jebb, John Joshua, 17, Chester-terrace, Eaton-sq.; and Boston .. . : :
'. S. H. Jebb, Boston Jennins, Charles, 26, Bryanstone-street, Portman sq.; and Bath .
. P. H. Watts, Bath Jessop, Richard, 13, North-crescent, Bedford-sg.: and Huddersfield . .
'. W. Jacomb, Huddersfield Johnson, Edward, jun., 5, Goulden-terrace, Barns. G. S. Burdett, Saffron Walden ; N. C. Milne, bury-road ; and Saffron Walden .
. . Temple Jones, Josiah, Worcester . . . . . J. Jones, Worcester
Lucas, Thos. Edward, 9, Taunton-place, Regent's."
· Attorneys to be Admitted.
229 Clerks' Names and Residences.
To whom Articled, Assigned, &c. Jones, Thomas, 60, Stanhope-street, Hampstead-rd. G. Wray, Percy-street; T. Robinson, South-sq.;
G. Wray, Percy-street Kelsall, Frederick Henry, 14, Upper Porchester
street, Paddington; and Chester . . . J. Robinson, Liverpool Kendall, Edmund, 17,' Lower Calthorpe-street, R. H. Rolls, Banbury; E. W. Field, Bedfordand Upper-Bedford-place .
... row; W. Kendall, Bourton Kent, Alfred Clement, 22, Everett-street, Russell
square; and Thanet-place, Liverpool . . E. J. Kent, Liverpool ; W. K. Tyrer, Liverpool Leake, Jobn, York . . . .
· L. Thompson, York Leigh, Arthur William, Collumpton, Devon . F. Leigh, Collumpton ; R. R. Crosse, Collumpton Lott, Thomas Edwd., 10, Carlion-villas, Camdenroad, Holloway
. Thomas Lott, Bow Lane, Cheapside Lovett, Philip William, Chertsey . . . D. Grazebrook, Chertsey; H. G. Grazebrook,
Chertsey Lowe, Francis, 12, Chapel-street, Bedford-row; and Nottingham .
. J. Wadsworth, Nottingham. park . . .
. J. Ingram, Lincoln's-inn-fields
. Malton, William Davies, 36, Wimpole-street,
Cavendish-square; and Carey-street . '. W. F. Baynes, Carey-street Markby, Henry, 63, Charlewood-street, Belgraveroad . . . . . . . Messrs. Crabtree and Cross, Halesworth
Mess Marett, Edmund Rowe, 1, Staple-inn.
W. Clarke, Coleman-street Maclure, Edward Wade, Sandbach
. E. Lewis, Manchester; A. Maclure, Nantwich;
and J. Remer, Sandbach Miller, Mark Benjamin, 18, Chalcott-villas, Haver
stock-bill . . . . . . . M. B. Miller, Clifford's-ion Moss, Alfred, 6, Clixton-place, Camberwell. . J. Gurney, Nicholas-lane ; J. H. Torr, Clifford's-inn Murray, Andrew, 23, Davies-street, Berkeley-sq. . H. S. Lawford, Throgmorton-street Nairn, Henry Pearson, Twickenham . a . E. Watts, Hytbe; and J. Kingsford, Essex-street Nash, Alfred Dormor, 14, Great Coram-street, Russell-square . . . .
. A. Mayhew, Carey-street, Naters, Henry Trew bitt, 17, King Edward-street, G. W. Wright, Sunderland; and J. Turner, Alder
Islington ; and Nassau.st., Middlesex . . manbury
square; and Chew Magna . . . . C. Mullins, Chow Magna
. . W.G. Bolton, Austin Friars. Monmouth . .
. T. M. Llewellin, Newport Payne, John Browu, Manchester . . . A. Oliver, Manchester Perrin, Edward Hayward, 2, Dorset-cottages,
Dalston ; and Temple Cloud, near Bristol . J. R. Mogg, Temple Cloud, near Bristol Pollock, Alfred Atkinson, Frederick’s-place, Old P. R. Alderson, Norfolk-street; P. J. T. Pearse ; Jewry . .
. and P.J.T. Pearse, jun., Frederick's-place Powles, Kenneth, 50, Upper Albany-street. . A. Lace, Liverpool Price, Wm. Greene, 28, Bedford-sq.; Brompton- T. G. Norcuit, Gray's-inn-square; and J. F. Isaac
square ; Woburn-pl.; and Ben-ball, near Ross son, Norfolk-street Prudence, Stanley George, Clapham-common . G. F. P. Sutton, Basinghall-street Ranson, Thomas Wilson, 14, Featherstone-bldgs.; and Sunderland . .
G. S. Ranson, Sunderland Reade, George William, 4, Ordnance-road. St.
John's Wood . . . . . . . G. Reade, Congleton ; G. F. Hudson, Bucklersbury Rhodes, Abraham, 41, Granville-square . . S. W. Johnson, Gray's-inn-square Rbodes, Arthur Charles, Denmark-hill . . . C. H. Rhodes, Chaucery-lane Richardson, Robert, 10, Charlwood-place, Pimlico M. Pearson, and T. Howdon, Selby Richardson, William Rodgers, 27, Frederick-st.,
Gray's-inn; and Hatton Garden . . . F. Short, Bristol Robson, John, jun., 7, Clarence-terrace, Regent's park . .
· J. Robson, Castle-street, Leices:er-square Rudge, Edmund, jun., 10, Chepstow.pl., Kensington; and 'Tewkesbury
. J. Thomas, Tewkesbury Scott, George Wm., 2, Great Dean's-yard, Westminster.
· J. Scott, Lincoln's-jun-fields Senior, Frederick Bernard, 3, Warwick-square, Kensington; and Kew. .
. W. Cbapman, Richmond, Surrey Shelton, Richard, 12, Bryanstone-street, Portman. square ; and Birmingham,
. C. Ingleby, Birmingham Sheppard, Augustus Frederick, Bellifield-house,
W. Pursons, Chariny-cross; and J. King,
W. PursonsChariny-cross; and J. King, Northe Parson's-green, Fulbam .
• Buildings Simpson, James Tennant, 5, Montague.plac Russell-square . . . .
• James A. Simpson, Moorgate-street
Pain, John David, Newport, Christ Church,