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Remuneration of Solicitors in Scotland.
275 1,000l. the usual regulation fees. If it shall bond. Where that is not the case, to be exceed 1,0001, one-third of the fees ad valorem, charged as renunciation, &c. payable to the purchaser's agent in a disposi.. “To be written by agent or grantee, and paid tion besides regulation fees according to length. for the grantor." But in properties from 1,000l. 10 2,000l. the 5. Fees on preparing family settlements, viz., total charge shall not exceed 51.5s. And from deeds of entail, trust depositions, testamentary 2,0001. to 3,0001. 71. 7s., unless the regulation deeds, and bonds of provision:fees per sheet shall amount to more."
I “ The regulation fees according to the length Fees where the subject matter is an adjudica• of the deed, where the value of the property tion or other redeemable right, the charges are settled does not exceed 5001. double regulathe same as the last preceding.
tion fees where the property exceeds 5001., and “But as in the case of adjudications, a large does not exceed 2,000l. estate may be adjudged for an inconsiderable “In the case of entail and other settlements debt, or a small estate for a large debt, it shall of landed estates, charges may be made also for be optional to the creditor, whether the fee attendances and correspondence. shall be calculated on the value of the subject, “Marriage Contracts. —To be charged accordor the sum in the adjudication. For engrossing ing to the total amount of the jointure and other in cartulary, 2s. 6d. per sheet, to be charged in income, provided and secured to the wife or husaddition to the fees, and to be paid by the band or both. Where such income does not exvassa).
ceed in the whole 301., three guineas; 301. to « The superior's agent draws the deed. The 501. five guineas ; 50l. to 1001., eight guineas; vassal pays for it.
| 1001. to 1501., ten guineas; 1501. to 2001., 4. The fees of securities for money lent and twelve guineas; 2001. to 2501., fifteen guineas; relative deeds are:
2501. to 3001., twenty guineas; and for every Personal Bonds. For each 1001., or part of 1001. beyond 300l. up to 1000l., five guineas. 1001., 10s. 6d.
Beyond 1,000l. for every 1001., two guineas and Heritable Bonds. The same, adding the a half, besides the regulation fees of drawing regulation fees of drawing the deed according according to the length. to the length when the loan exceeds 5,0001. “To be prepared by the agent for the wife,
Bonds of Annuity whether personal or heri- and paid for by the husband.” table.—The same charge, holding the price paid 6. Fees on miscellaneous deeds:for the annuity as the amount of the loan. Tacks.- The one duplicate to be charged
Bonds of Corroboration.-Where additional regulation fees, according to the length; the security is given, whether personal or heritable, other ad valorem, as follows:-Rent under or where the interest then due is accumulated 1001. regulation fees; 1001. and not exceeding with the principal, to be charged at ls. 3d. of 2001. two guineas; 2001. and not exceeding the fees of a personal bond, upon the sum in 300l, three guineas; and for every additional the bond of corroboration, besides regulation 1001. one guinea. fees according to the length. Where the bond Always prepared by agent for landlord. is merely granted for the purpose of binding The aggregate of these two fees, and of the the heir of the original debtor, to be charged stamp duties for both duplicates to be paid only at the regulation fees according to the equally by the landlord and tenant. length.
Contracts of Excambion.-To be charged as For obtaining the loan of money, the bor- dispositions, holding the value of the lands rower's agent to be paid by his own client, half mutually excambed as the price. the sum payable to the lender's agent for pre-l “The deed to be prepared by the agent for paring the bond, which includes revisal of the the one party and revised by the other, as may bond. The whole of these to be written by the be arranged between them. The agent who agent of the grantee, and paid by the grantor. draws the contract to receive the fees payable
Discharges and renunciations of heritable in the case of a disposition to the purchaser's debts; and discharges of debts constituted by agent, and the agent who revises to receive personal bonds, except where the debt is paid by the fees in the case of a disposition to the sel. the original borrower to the original lender : ler's agent ; but the total expense to be equally
“Where the sum is under 5001., regulation divided between the parties." fees ; where above that sum, double the regula- ! “ Contracts of Co-partnery. - Where the tion fees.
stock is defined, to be charged according to the “ To be written by agent or debtor, and paid amount of the stock, as follow:- When the by creditor, unless otherwise stipulated. stock is under 500l. four guineas ; 5001. and
“ Discharges of legucies.-One-half per cent. under 1,0001, five guineas; 1,000l. and under of the legacy, if below 2001., if above that sum, 2,000l. six guineas; 2,0001. and under 4,0001. one half per cent., for the first 2001., and 1s. 4d. seven guineas ; 4,0001. and under 6,0001, eight per cent., for all above.
guineas; 6,000l. and under 8,0001. nine guineas; To be prepared by agent for testator's 8,0001. and under 10,0001., ten guineas; and successors, and paid by the legatee.
| for every additional 1,0001. 10s. 6d. Where Assignations and translations of personal the stock is not defined, the deed to be charged debts, and conveyances of heritable debts. at double regulation fees according to the Where the transaction is negotiated as a loan | length. the same fees are chargeable as on an original "The deed to be prepared by the agent of 276 Remuneration of Solicitors.-Conveyancing Counsel.-Legal Education. any partner, as may be agreed on, and the ex- exceeding one hour, 6s. 8d. If the attendpense divided among the partners according to ance has been longer, progressively higher, their interests in the concern."
but in no case to exceed, for a whole day, 21. 7. Charges for time occupied in professional “ Writing each necessary letter of an ordibusiness and for correspondence, &c:
nary length, including booking, 38, 4d. And For time employed on business out of when the letter necessarily exceeds the above Edinburgh, but within Scotland, per day, be- length, to be charged progressively higher, sides travelling expenses, 31. 38. ; for time em- but in no case to exceed the charge for drawployed in business in Edinburgh, per day, ing a memorial of the same length, and no 21. 25.; for time employed on business in letter to be charged unless it has been fully Edinburgh, not exceeding an hour, 6s. Sd.; booked. for each additional hour after the first, 6s. 8d. “ For attending the Court according to the
Correspondence.-For writing each letter of time occupied; if not more than four hours, an ordinary length, including booking, 3s. 4d. two guineas; from four to six hours, three But for letters which are necessarily longer, an guineas; and 6s. 8d. every other hour." additional charge to be made.
“No letters or attendances chargeable which relate to deeds for which an ad valorem charge
TAXATION OF COSTS OF REFERENCE is allowed, or to transactions for which a factor TO CONVEYANCING COUNSEL. fee or commission is allowed. But this does not apply to the case where the agent is also a trustee. If he has a commission as a trustee
NEW REGULATION. this does not preclude the charge for at We have ascertained that the late Lord tendances and correspondence as agent."
Chancellor St. Leonards, on the 24th Decem“Revising Deeds drawn by others.-Half of the regulation fees of drawing according to the
ber, intimated to the Taxing Masters that, in his length.
| Lordship's opinion, “where, in pursuance of "To be paid in every case to the agent by any direction by the Court or Judge, or of any his own employer.”
request by a Master in Ordinary, drafts are Where charges are allowed for drawing of deeds, it is optional to the solicitor to charge se
esettled by any of the Conveyancing Counsel either the fees ad valorem or the fees for under 15 & 16 Vict. c. 80, s. 41, the expense of drawing, according to the length : but these procuring such drafts to be previously or subregulations apply only to cases where there is sequently settled by other Counsel is not to no particular stipulation. It is, of course, competent to the parties to make any arrange
be allowed on taxation, as between party and ment between themselves which they consider party, or as between solicitor and client, unmore equitable or convenient, according to the less the Court shall specially direct such al. circumstances of each case.
lowance. This intimation, however, is not to As to commissions for selling and pur-I nrovunt the allowance of the expense in ca chasing estates, and other money transactions, it has been found impracticable to lay down which may have already occurred, where, in any general rules. A commission being a re- the judgment of the Taxing Master, there has muneration for trouble and responsibility, the been a reasonable ground for laying the papers rule for determining the amount is the extent before other Counsel.” of that trouble and responsibility. Thus, in the case of the sale or purchase of an estate, |. It appears
ate. It appears clearly to have been the object of the bargain may be wholly settled by the Lord St. Leonards in giving this intimation, parties themselves, and the solicitor has only that the suitors should not be subjected to the to prepare the necessary deeds. In such a payment of fees-1st, to the Counsel chosen case there is no claim for commission. 8. Fees on judicial proceedings in the Courtymen.
by themselves or their solicitors; and 2ndly, to of Session, as regulated by Act of Sederunt :- | the official Counsel. We presume, therefore,
"First appearance in each case, for making that it will be the duty of the solicitor to asout and producing a mandate, deducting certain the name of one of the six official Conalways in the case of suspensions and advocations, 6s. 8d., being the first fee allowed in the
the veyancing Counsel in rotation, and take the Bill Chamber proceedings, 108.
papers and instructions, in the first instance, to “ Drawing memorials, 260 words in a sheet, such Counsel. 6s., every other, 4s. " All 'necessary copies of papers, per sheet
LEGAL EDUCATION. of 260 words, 1s.
QUALIFICATIONS OF LAWYERS.THE BAR including attendance at the calling of the cause,
AND INNS OF COURT.-THE ATTORNEYS not exceeding one hour, 6s. 8d. “Each necessary attendance on business
cines! AND THE INCORPORATED LAW SOCIETY. with a client, or on his account, such as at. The more liberal the terms upon which tending a consultation of counsel, &c., not merit is admitted into the arena of profit and
277 honour, the more likely is it to be genuine. If learning unless he has been able to pay a we fence around the opportunities to distinc- round sum to the Stamp Office. This, indeed, tion by requiring numerous and severe qualifi- is not the fault of the Law Institution, and, cations from the candidate, in all probability, therefore, the blame inust not be laid at its he will turn aside from the vexatious tests that door, unless it should be found willing to are applied to him, and devote his talents in maintain the absurdity. The fault is in the some other direction. But if we constitute law, which, for the purposes of revenue, has those qualifications so as to make them at once opposed a ridiculous obstacle in the path of oppressive and incapable of supplying a just that portion of our youth which would othertest, we shall, in all probability, lose the men wise desire to promote itself through this path who would shine in the calling thus protected, to honour and independence. and gain those of whom, in a little time, we Now, to see the hardship and stupidity which should be very glad to get rid. For instance, mark this restriction, let us put the case of two it would be madness to place a man in the young men starting in life in an attorney's chair of philosophy because he could play ad- office. One is the son of a person of means; mirably on the flute, or to send another into he is articled to the principal, stamps and fees Parliament because he possessed a pony which are paid, and his legal career commences. Do could trot 17 miles within the hour-cases we exaggerate when we say that, in a great which will appear so absurd to our readers, majority of cases, the earlier and greater that they ought hardly to be named. But a portion of the articled clerk's apprenticeship is moment's reflection will show them that they spent in the theatre, at the supper table, at the are not a whit more ridiculous than many re- billiard table, at Vauxhall, or over the newsstrictions sanctioned by our laws and in daily | paper and the lightest literature of the day? practice. Take, for example, the higher branch We should really be delighted to find that this of the Legal Profession. The student enters is not the case,—that Blackstone and Archbold one of the Inns of Court-keeps his terms, are much preferred to Bleak House and Punch, which is done by eating a certain number of and the midnight lamp to the midnight lampdinners, and is called to the Bar. He is then post. But take the other case. A poor lad privileged to plead causes, to have exclusive enters the office as an engrossing clerk, at a audience in the Courts at Westminster, and, salary of a few shillings a-week. He is intelthrough custom, to fill many appointments at ligent, well-behaved, and industrious. By home and in the colonies generally given to careful observation he picks up a bit of law barristers. That he is fit for these privileges here and there; he reads the opinions of is presumed, from the fact that he has paid a counsel; perhaps, during a slack time he certain number of fees, and eaten a certain turns over a chapter of Blackstone, or dips number of dinners. We need not say that into a book of reports. Of course, cases of such tests of capacity are quite as ridiculous this kind are rare, ones, but for that very as the pony for the seat in Parliament, or the reason they ought to be rewarded. At the efficiency on the flute for the chair of phi- end of the five years' apprenticeship, have losophy.
there not been cases in which the salaried To the honour of the lower branch of the clerk has gained more knowledge of law than Profession, they have, for many years, insisted the apprentice? It is from the class of which on an examination of the candidate before he is we have given a sample that the useful body of admitted to practise as an Attorney. And though managing clerks is recruited; men against it may be very true that a good many cram for whose claim to the privileges of the Profession that examination—that is read up and fit them- it is impossible to say more than that they selves by mutual examination or by the help of have not had the money to pay for their arsome person already skilled in the Profession, ticles. Why should this be sufficient to bar for the scrutiny they are about to undergo-it them, and keep them for ever without the pale is impossible to legislate against such a pro- of profit and honour? There are numbers of ceeding unless we had some power of estimat. them without whose assistance their principals ing the probable permanence of the know- would be powerless to conduct their business ledge with which they have thus been gorged. -powerless from want of information. Nay,
It is well known, moreover, that wherever it is one of the frauds to which this unjust restudents have to face an examination, this prac- striction gives rise-and oppression invariably tice more or less prevails, whether amongst produces fraud-that many managing clerks candidates for the honours of law, of medicine, are in fact the principals of the businesses they of the church, or the university. But though conduct, and for which they borrow the sancwe readily bestow great praise on the Law In- tion of a qualified name. stitution for the test which they have forced It is placing this question upon far too naron the Profession, we cannot acquit the body row ground to say that it is merely a differit represents of the same absurdity-to a great ence between articled clerks and managing extent qualified by the merit we have accorded to clerks, or between the latter and the body of them-which has been, and is still, so deep a re- attorneys, full fledged and fledgling. It is a proach to the Bar. Here, again, the qualifi- case in which they have, as we believe, a comcation is a money one; for a student, though mon interest. But the interests of society, he may be able to answer every question in however this may be, are plainly concerned in Maughan, cannot hope for the reward of his the concession of free trade in law. A money
278 Business before Equity Judges.-Candidates who passed the Examination. test of intellectual power and legal learning isi 1. As to guardianship of infants (except the not only, like the flute and the chair of philo- appointment of guardian ad litem). sophy, absurd-it is mischievous. It narrows 2. As to maintenance or advancement of the field of competition, and excludes from it infants. those candidates from whom the highest quali. 3. For the administration of estates under fications might be expected-those who bave the Act of 15 & 16 Vict. c. 36. had the ability and daring to fight their way 4. For time to plead answer or demur. against fortune, to force it in spite of diffi 5. For leave to amend bills or claims. culties which defy the multitude.- From the 6. For enlarging publication or the time for Morning Advertiser, 21st Jan.
7. For the production of documents. PROCEEDINGS BEFORE THE EQUITY 8. Relating to the conduct of suits of JUDGES AT CHAMBERS. matters.
9. As to matters connected with the maSince our former notice of the regulations at nagement of property. the Chambers of the Equity Judges, some al
| 10. For payment into court of purchasers' terations have been made.
moneys under sales by order of the Court and
The following ap-l investing same. plications are now to be made at the Judges'l 11. For stop orders where the assignor and Chambers.
CANDIDATES WHO PASSED THE EXAMINATION,
Hilary Term, 1853.
Names of Candidates.
To whom Articled, Assigned, 8c.
John Newbold; Edwin Wilkins Field
James Blythe Simpson; Richard Parsons
Crabtree and Cross
Pearse ; Peter Jobn Thomas Pearse, jun.
William Parsons; Joseph King
Proud, Jobn, jun.
Snowball, Georgescom Freritt
Inns of Court.--Examination.-Selections from Correspondence.- Notes of the Week. 279
To whom Articled, Assigned, fc.
George Thomas, jan. Turner, George . . .
· William Henry Turner Walter, Charles :
. James Jobnston; William Walter, sen. Whitefield, John Charles .
. . William Gresbam ; William Bush Cooper; George
William Whitaker ; William Bartholomew ; Wil
liam Bevan Williams, Ebenezer Robins . . . . . Robert Gillam, sen.; Isaac Oliver Jones ; Robert
Gillam, jun. Winearls, William Good
William Rackham Wright, Egerton Leigh. . . . . Richard Bloxam; Ralpb Darlington; Thomas
PUBLIC EXAMINATION OF THE STU. SELECTIONS FROM CORRESPONDENCE. DENTS OF THE INNS OF COURT,
SALES UNDER WRITS OF FI. FA. Held at Lincoln's Inn Hall, on the 22nd, 24th, and 25th days of January, 1853.
| The exactions of sheriff's officers are pro
verbial. Not content with the poundage al. The Council of Legal Education have lowed by Law, out of which the expenses of awarded to—
sale ought to be liquidated, they use every William Whittaker Barry, Esq., Student of device to extort a larger sum. It is their Lincoln's Inn-A studentship of fifty guineas practice to threaten to put up all the effects for per annum, to continue for a period of three sale in one lot, unless the demand is acceded years.
to; and as such a course would be highly preM. E. Grant Duff, Esq., Student of the judicial to the plaintiff, he is obliged to submit Inner Temple-A certificate of honour, as to the imposition. having passed the second best examination. May I hope, therefore, that the Law Society
Wm. O'Connor Morris, Esq., Student of will take the matter up, and endeavour to esta. Lincoln's Inn, and John Palmer, Esq., Student blish a rule to correct the evil. Whether it of the Inner Temple-Certificates that they should be compulsory on the sheriff to offer have satisfactorily passed a public examination. the goods for sale in such lots as shall be apBy order of the Council,
proved by the plaintiff or his agent, may be (Signed) RICHARD BETHELL, Chairman. worth consideration. Council Chamber, Lincoln's Inn,
A PRACTITIONER of 50 YEARS. January 29th, 1853.
ALTERING TRADESMEN'S BOOKS. RESULT OF THE HILARY TERM EX. It may be worth noticing, that by the Law AMINATION OF ATTORNEYS.
of France it is a criminal offence for a trades| man to make, or suffer to be made, any altera
tion or erasure in his books with a knife. The number of Candidates entitled to be Whatever entry was originally made must reexamined in the last Term, was . . . . 85 main visible. Might not some such regulation Of these 23 did not perfect their testi be useful here?
Civis. monials of service . . . . . . . .
NOTES OF THE WEEK. Leaving therefore to be examined only
NEW MEMBER OF PARLIAMENT. One of these did not attend, and two withdrew during the examination
JOHN ALEXANDER, Esq., of Milford, in
3 Ten were not passed ..... 10
the county of Carlow, for Carlow, in the room
of John Sadleir, Esq., who has accepted the
- 13 The number entitled to be admitted on
office of one of the Lords Commissioners for
executing the office of Treasurer of the Exthe Roll, therefore, was reduced to . · 49 chequer of Great Britain and Lord High See the names at p. 278.
Treasurer of Ireland.
COMMON LAW NOTICE. APPOINTMENT OF REGISTRAR IN LUNACY.
We are glad to announce that the Office of DATE OF WRIT.
Secretary, now called Registrar, in Lunacy, It is recommended by the Judges that at
which (with a recent brief exception), has torneys should in all cases insert at the com
| always been filled by solicitors, has again been mencement of the pleadings in the briefs the conferred on an eminent member of that branch date of issuing the original writ of summons.
of the Profession, the present Lord Chancellor | having re-appointed Mr. Charles N. Wilde.