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Review : Warren's Law and Practice of Election Committees. adopt the language of Lord Eldon, “the pro. Now, if the proprietors of The Times had position is clear, that no man can be compelled a difficult matter of business to manage; if to answer what has any tendency to criminate they were in perplexity in an action for a himself.' There is a cloud of authorities to l libes wherein they had to collect informasupport that proposition, as laid down by this transcendent lawyer,—and which is recognised
tion which would satisfy a Court and jury in the United States, as well as in this country, that th
that they had not exceeded the large power -that if the fact to which the witness is inter-conceded to the press in animadverting on rogated, form but a SINGLE REMOTE LINK the conduct and motives of the parties cenin the chain of testimony, which may implicate sured, they must employ agents to transact him in a crime or misdemeanour, or expose the business. The editor and his subordihim to a penalty, or forfeiture, he is not bound | nates cannot leave their posts :-to whom to answer, 'nam nemo tenetur seipsum prodere.' I then would they apply? Why, to their Now, bribery is a misdemeanour at both common and statute law, entailing on both parties
very able, cautious, and energetic solicitor to it fine and imprisonment, the forfeiture of who would do that in their behalf which no the franchise, and pecuniary penalties; and no other person—whether barrister or corres-witness, consequently, is bound to answer any pondent, however learned or talentedquestion tending to implicate himself in such a could effect. In managing the details of inisdemeanour. Whether the answer may an election, let it be recollected that an attend to criminate himself, or expose him to a torney, besides having the confidence of his penalty, or forfeiture, is a matter not left abso-client in all transactions relating to his prolutely to the witness, but to the court, to de. termine, under all the circumstances of the
Iperty, knows his tenants, and all means of case, as soon as the witness claims its protec- / fair and just influence,-is essentially a man tion. The court will not require him fully of accurate habits of business, -accustomed to explain how the apprehended effect might to make arrangements for the punctual exebe produced, which would be simply compelling cution of complicated matters,—and can him to give the very evidence which he is en effect the greatest amount of business within titled to withhold. It appears to be still an the shortest time. Moreover, the attorneys undecided point, whether the mere declarationwho attend the Revising Barristers' Courts of a witness, on oath, that he believes the desired answer would tend to criminate him, will
te him will on the registration of voters, who are ensuffice to protect him from answering, where gaged in supporting or opposing the claims the other circumstances of the case are not to vote, are the only persons fully acquainted such as to induce the judge to believe that the with the state of the register, and are able answer would, in reality, tend to criminate the to advise safely on the progress of the witness, or have that effect. The full operation election. of this protective rule, would be undoubtedly
| We are aware, of course, that according to restrict within narrow limits the disclosures which it is expedient for the public interests
to recent disclosures, other persons, as well that Select Committees should have power to
as lawyers, have been engaged in these de compel."
licate transactions, but we think it has
for the most part appeared that, with few Having thus, adverted to those parts of exceptions, the blunders in such cases have the work which appear peculiarly interest- been generally committed by those who are ing, as well to the honourable candidate as unskilled in the practice of the law. to the solicitor who has the management of Mr. Warren's book has the merit of the proceedings at an election, we may not pointing out all the dangers and difficulties inappropriately notice a leading article in which exist in Parliamentary elections, from The Times of the 11th of March, in refer- the inconsiderate and injudicious conduct ence to the influence of attorneys on such of friends and agents unacquainted with, or occasions which it was supposed they had careless of the provisions of the law, to the brought to bear on the question of the re- unscrupulous agent who measures bis merits peal of the Certificate Duty. The writer by his success, without regard to the means says :
. by which he has attained it, or the success
| ful result of a contest before a Parliamer“ Perhaps the most intimate relation in tary Committee. We cannot but think, which attorneys stand to Parliament is the pe- therefore, that the best and safest agent i culiar and very delicate assistance they have the conduct of a contested election is an invariably rendered in procuring the return of the members themselves; though why an at
attorney of intelligence, respectability, and torney should be wanted at all, it is not easy to experience. say, when all that is to be done is for the candidate to declare his sentiments and the electors to choose or reject him."
436 Certificate Duty. --Certificate Tax injurious to the Public.-Opinions of the Press. ANNUAL CERTIFICATE DUTY. I “That the certificate tax on attorneys and
solicitors has a very injurious tendency by re
action on the public, especially in the case of We have but little to add to the infor-young men at starting, who are obliged to pay mation which we have from time to time it as a condition precedent to their earning the been enabled to lay before our readers. Be- amount or any part of it, which it is believed fore our next publication the Parliament in many cases is never realised, and in this will have re-assembled, and the Chancellor respect it contrasts unfavourably with the proof the Exchequer according to his promise perty tax which is only levied on realized in
come. will have fixed “ an early day” for making “ That the case of the attorneys is dishis financial statement.
tinguishable from that of auctioneers, &c., inIt will have been observed in the report asmuch as the latter do not pay 150l. or more of the debate on bringing in the Bill on the as taxes on their articles, admissions, and com10th of March, that the right honourable missions, in addition to a premium ; but your gentleman intimated that the Government / petitioners have no doubt that all taxes of this might be disposed, in lieu of repealing description stand in the same category, and re
act in a manifold degree on the public, and duty on the Articles of Clerkshin, which this has been recently experienced since the
ch; increase of tax on auctioneers, whose charges he said, fenced in the attorneys, operated have been enhanced commensurately, and freas a monopoly, and restrained free compe- quently beyond it; this being the invariable tition.
and natural consequence of a tax imposed on This supposed concession would be no the necessaries of life, whether food or raiment boon to the members of the Profession who or the requirements, also indispensable, of prohave all paid the duty. In truth, if there fessional services of any kind, whether legal, is to be « unrestricted competition" in the
medical, or any other, and it would be equally law, all the three taxes should be repealed. latter as our Profession, and your petitioners
impolitic (though alike in principle), to tax the It happens, however, that the certificate are impressed also with the conviction that all duty was first imposed, and ought to be taxes of the same class (beyond a trifling first removed. The others may follow if amount for the expenses of a registration, in the money can be spared; but at present cases where it is expedient), have a tendency the attorneys are willing to leave the 1201. I to demoralisation, by tempting to a practice of on articles and 251. on admission undis- / self-redress through extortion.” turbed. These taxes, yielding 84,0001. a No respectable attorney thinks of making year, afford an answer to the auctioneers a higher charge, or increasing the number and others who also pay a personal tax, but of items in his bill of costs, on account of to which they submit on account of its the annual tax; but amongst 10,000 men protecting them from the inroads of a mul- it may not uncharitably be supposed that titude of petty competitors, who, having no some of them “recoup” their outlay in probation through which to pass (like pro- the course of the year by ingenious charges fessional men) would spring up and reduce which the Taxing Master cannot strike off. the emoluments of the present licensed auc-On grounds of policy, therefore, as well as tioneers.
justice, the tax should be repealed, pressThe offer, therefore, if it can be so called, ing as it does on the honourable practiof the Chancellor of the Exchequer, should tioner, whilst the unscrupulous repay thembe respectfully declined.
selves with interest for the advance. In the mean time, before the second reading of the Bill, every practitioner should
OPINIONS OF THE PRESS ON REPEALput his name to a petition for the repeal of
ING THE CERTIFICATE DUTY. the tax, and write to every member with whom he may be acquainted. The demand is a just one, and ought to be
The Morning Post of the 24th of March granted.
thus continues its support of the proposed repeal of this oppressive impost :
“The Chancellor of the Exchequer defends THE CERTIFICATE TAX INJURIOUS the attorney
E TAX INJURIOUS the attorneys' certificate duty on the ground TO THE PUBLIC.
that the law gives the members of that branch of the profession a virtual monopoly. He says,
“The law had erected a high fence--a wall, as AMONGST the Petitions against this ob-lit weri
it this ob- it were-around the profession of an attorney, noxious impost, we observe the following and it likewise imposed upon that profession statement, showing its injurious tendency certain burdens. The noble lord's proposal in relation to the public :
I was to take away the burdens, but to leave the Opinions of the Press.—Taxation of Conveyancing Costs in Chancery. 437 fence just as it was. In other words, the wall they have a right to advance their claims to is the stamp duty of 1201., and the burdens are the indulgent consideration of the legislature ? the certificate duties of 121. and 81. Consider- “It cannot be doubted that the tendency of ing the highly confidential, important, and dif- all modern law reforms has been to diminish ficult duties which solicitors and attorneys are the gains of professional men. Supposing that constantly called upon to perform, the Legisla- their profits were at one time so inordinate ture can scarcely be said to create a monopoly that they scarcely condescended to notice this by guarding the very threshold of the profession exaction of 121. or sl., the case is now very by an impost which, with the compulsory exa- | different. Law in all our courts has become mination, affords some guarantee to the public cheap, and has been brought home to every against the admission of improper and unqua- man's door; and, although the junior common lified persons. The barrister pays his stamp law bar has suffered more materially than have duty on admission and on call to the bar, but the solicitors by the change, we do not believe here the power of the Chancellor of the Exche. that the latter are in such flourishing circumquer ends, unless the young barrister makes stances as to think that an annual item of 12l. 1501. in his first year, when, of course, the or 81, is altogether unimportant in their yearly income-tax collector commences his disagree- disbursements.” able visits, and exacts the inevitable 7d. in the pound.
"The case of the solicitor and attorney is en TAXATION OF CONVEYANCING tirely different. He first pays a large stamp
COSTS IN CHANCERY. duty, and then is for ever afterwards required to pay a certificate duty, to enable him to carry on the business of his profession-to enable
It will be recollected that the late Lord him, in fact, to make a single shilling. Should
c. Should Chancellor St. Leonards, on the 24th of his income amount to 1501., he has to pay the December
December last, intimated to the Taxingadditional tax of 7d. in the pound. It has Mastersbeen said-you tax the banker, the auctioneer, the horse dealer, ergo, it is just to tax the at-|
1 “ That in his Lordship's opinion, where, in torney. There is not the slightest analogy |
pursuance of any direction by the Court or between these cases. The millionaire who Ju
Judge, or of any request by a Master in Ordi. wishes to open a bank, or the auctioneer who nary, drafts are settled by any of the conveyhopes some day to reign supreme at Garraway's,
vis ancing counsel, under 15 & 16 Vict. c. 80, s. is not compelled to pay a preliminary stamp
/41, the expense of procuring such drafts to be duty, or to serve an articleship of five years previously or subsequently settled by other before he can commence business. They go
counsel, is not to be allowed on taxation, as with the money in their hands, and directly be
between party and party, or as between soli. they have paid the duty they commence busi-Cito
nehucitor and client, unless the Court shall speness. The articled clerk has not only to pay als
cially direct such allowance. This intimation, stamp duty of 1201., and to serve five years, no
however, is not to prevent the allowance of the but he has to undergo an examination, which is expense in cases which may already have ocnot a mere matter of form, but a bona fide test curred, where, in the judgment of the Taxingas to his moral and professional qualifications.
Master, there has been a reasonable ground for The doctor pays a stamp duty on his diploma I laying the papers before other counsel.” -for the arms of the Chancellor of the Exche-! There appears to be some difficulty in quer, like Briareus, stretch everywhere and carrying this direction into full effect. reach every person—but he is not compelled to pay an annual duty, to enable him to dispense:
Where there is no expectation of the parmedicine and to visit his patients.
ties disagreeing in the form of a deed, the “We, therefore, think that the case of the at- instructions and papers are laid before the torney's certificate duty is an exceptional one, Conveyancing Counsel usually employed by and that it is well worthy of the considerate the Solicitor who is entitled to prepare the attention of the Chancellor of the Exchequer. I deed. If afterwards a difference of opinion The amount which it produces is 120,0001. a should arise, and the question be brought year-a sum easily levied-which, in the eyes hefore the Judge at Chambers, or the Masof a Chancellor of the Exchequer, must cover a multitude of sins of injustice; but it is never
"ter, and he should not be satisfied with the theless a practical restraint upon industry. form of the draft, he may of course refer which, in these days of quasi universal free the question to one of the six Conveyancing trade is an anomaly, and something more. Counsel; but it seems unjust to disallow But the Chancellor of the Exchequer protests the fee paid to the party's counsel,—the that the decision of the House upon such a papers having been subrnitted bona fide point may disarrange the whole of his budget. previously to any question on the subject. No doubt it may-no doubt it is extremely inconvenient that 120,0001., at one fell swoop,
It cannot of course be intended that the should be abstracted from the ordinary revenue pas
| patronage of the Lord Chancellor should of the year; but have not the remonstrants at operate to the injury of the Conveyancing this particular time special reasons on which Counsel, usually consulted by the respective 438 Proposed Afirmations in Lieu of Oaths.-Expenses of the Court of Chancery. solicitors. No doubt the Lord Chancellor acted. The service of writs, summonses, &c., will remedy any grievance of this kind as the due attendance. at Judges' Chambers, the soon as it may be brought before him.
acknowledgments of married women, and all similar cases, ought to be proved by declara.
tion. The slight temptation to untruth (if PROPOSED AFFIRMATIONS IN LIEU there be any) would be as effectually counterOF OATHS.
acted by a dread of the penalties annexed to a
misdemeanour as by a dread of the guilt or SIR,-I am rejoiced to find that an agita- temporal consequences of perjury; and by tion is in progress with a view to the extension making the administration of an oath an event of the Act substituting, in certain cases, de- of rare occurrence, we should proportionably clarations in lieu of oaths. The honourable enhance the public regard for the sanctity of an inernber by whom the subject was brought oath. before the House of Commons the other even. I should be glad to know whether my sentiing, appears to project the total abolition of ments are participated in by yourself and by oaths. This is perhaps going a little too far. I the Profession of which I am a member. In public Court-yhen questions of life, li- Should it fortunately happen that your views berty, or property are at stake the check are in accordance with my own, I would urge afforded by an oath may properly be required. upon you to exhort the Incorporated Law SoAll that can be asked in such a case is, that in ciety and the kindred societies throughout the administering the oath, due solemnity be ob- kingdom, to second with their influence the served-which, I regret to say, cannot be af. exertions of Mr. Pellatt, and confident that so firmed is the case at present. It has been. good a cause in such able hands could not however, by me a long-entertained opinion. fail to be victorious, would leave the matter that in no case but in giving testimony in with you in full assurance of success. Court should an oath or affirmation be ex
THE ACCOUNTANT-GENERAL'S ACCOUNT OF THE EXPENSES OF THE
COURT OF CHANCERY AND RECEIPTS FOR FEES.
PAYMENTS OUT OF THE SUITORS' PUND, For the Year commencing the 2nd of October, 1851, and ending the 1st of October, 1852.
.£ s. d. £ s. d. To Cash paid Lord Chancellors, Lord Truro and Lord St. Leonards' Salary . . . .
5 . . . .
. Lord Justice Bruce's ditto . . . . .
4,321 5 4 Lord Justice Lord Cranworth's ditto ..
4,305 8 9 Vice-Chancellor Bruce's ditto . .
1,253 2 4 Vice-Chancellor Turner's ditto . .
4,854 3 4 Vice-Chancellor Parker's ditto .
3,601 13 Nine Masters' Salaries, at 2,5001. per annum,
and proportion to one deceased . . . 22,259 5 2
6661. 13s. 4d. per annum, and a proportion to
838 16 0
1,958 8 2
25,638 19 4 Accountant-General's Salary . . . .
873 15 0
436 17 8
8,464 7 4 Two Examiners' Salaries (in part), remainder being charged on the Suitors' Fee Fund .
582 10 0 Retired Examiners' Pension
194 3 4 Total Examiners .
776 13 4 Three Clerks in the Clerks of Accounts' Office . . . .
255 7 5 Officers of the Lord Chancellor's Court :Usher . . . . . .
291 5 0
87 7 8 Persons to keep order
293 2 11 Tipstaff . .
74 16 7 Serjeant-at-Arms . . . . . .
569 3 1
Expenses of the Court of Chancery and Receipts for Fees.
£ $. d. To Cash Puid Officers of the Lords Justices' Couri :Secretaries .
575 2 4 Ushers. .
359 92 Trainbearers.
144 11 6
108 1 4
277 16 0
185 4 0
92 12 0
291 5 2
194 4 5 Trainbearer .
96 6 11
149 12 8
291 5 0
194 3 .
. . . Trainbearer . . .
97 1 8
155 6 8
45 16 8
98 4 5
offices, Report and other offices, for repairs, rates,
Total Payments . . . . . . .
£ $. d.
Total Masters . Salaries to eleven Registrars
• 16,117 18 7 Compensation to ditto, under 3 & 4 Wm. 4, c. 94, s. 48, and 5 Vict. c. 5, s. 63 . .
3,854 6 9 Salaries to fourteen Registrars' Clerks
6,486 19 2 Total Registrars Salary to Master of Reports and Entries
940 4 4 Ditto to two Clerks of Entries ..
255 1 1 Salaries to Clerks of Accounts
2,169 13 5 Pension to late Master of Reports
2,115 9 9 Compensation to one Clerk of Entries.
100 0 0
282 1 4 Compensation to one ditto .
183 0 10
4,000 0 0 Travelling expenses
683 18 6 Salaries to seven Clerks to Masters in Lunacy
2,020 0 0 Rent of premises . . . . . . . .
330 0 0 Expenses of office
502 39 Salary of Registrar in Lunacy . . . . . .
800 0 0