Legal Education-Examination of Students for the Bar. 495 Now that affidavits may be used as evi-distinction; or whether he is merely desirous dence on the hearing of a cause, this class of obtaining a certificate preliminary to a call of documents has become of increased im- to the Bar.. portance, and the charges applicable to their careful preparation and completion should be duly increased. LEGAL EDUCATION. EXAMINATION OF STUDENTS FOR THE BAR. WE are glad to record the following Rules for the Public Examination in Trinity Term next, of Students at the Inns of Court: : "The examination will commence on Mon day, the 23rd day of May next, and will be continued on the Tuesday and Wednesday following. "Each of the three days of examination will be divided as under: "From half-past nine, A.M., to half-past twelve. "From half-past one, P.M., to half-past four. 66 The examination will be partly oral, and partly conducted by means of printed questions, to be delivered to the students when assembled for examination, and to be answered in writing. 66 "In determining the question whether a student has passed the examination in such a manner as to entitle him to be called to the Bar, the Examiners will principally have regard to the general knowledge of Law and Jurispru-prudence which he has displayed. "The attention of the students is requested to the following Rules of the Inns of Court:- "The oral examination and printed ques-"As an inducement to students to propose tions, will be founded on the books below themselves for examination, studentships shall mentioned; regard being had, however, to the be founded of 50 guineas per annum each, to particular object with a view to which the stucontinue for a period of three years, and one dent presents himself for examination. such studentship shall be conferred on the most distinguished student at each public examination; and further, the Examiners shall select and certify the names of three other students who shall have passed the next best examinations, and the Inns of Court to which such students belong, may, if desired, dispense with any Terms, not exceeding two, that may remain to be kept by such students previously to their being called to the Bar. Provided that the Examiners shall not be obliged to confer or grant any studentship or certificate, unless they shall be of opinion that the examination of the students they select has been such as entitles them thereto.' 66 939 RULES FOR THE PUBLIC EXAMINATION OF CANDIDATES FOR HONOURS, OR CERTI- CALLED TO THE BAR. "An examination will be held in next Trinity Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible. "Each student proposing to submit himself for examination, will be required to enter his name at the Treasurer's Office of the Inn of Court to which he belongs, on or before Friday, the 20th day of May next, and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship or other honourable "The Reader on Constitutional Law and Legal History will expect the students to be acquainted with the following books, which will form the ground of his examination : "Hallam's Constitutional History, last vol. "Millar on the English Constitution. "The Statute Book during the Reigns of "The State Trials during the same period. "The Reader on Equity will examine in the following books :"1. Mitford on Pleadings in the Court of Chancery; Calvert on Parties to Suits in Equity, chaps. 1 and 2; Smith's Manual of Equity Jurisprudence; the Act for the Improvement of Equity Jurisdiction, 15 & 16 Vict. c. 86. "2. Sir James Wigram's Points in the Law of Discovery, 'Defence by Plea;' Story's Commentaries on Equity Jurisprudence, vols. 1 and 2; the principal Cases in 496 Legal Education.-Law of Attorneys.-Incorporated Law Society. White and Tudor's Leading Cases, vols. 1 and 2. "Candidates for certificates of fitness to be called to the Bar will be expected to be well acquainted with the books mentioned in the first of the above classes. 66 Candidates for a studentship or honours will be examined in the books mentioned in the two classes. "3rd. The Rules of Evidence of ordinary application. "By Order of the Council, "W. P. WOOD, Chairman, Pro. Tem. "Council Chamber, Lincoln's Inn, "April 11, 1853." LAW OF ATTORNEYS. -CONCEALMENT OF FACTS. "The Reader on Jurisprudence and the Civil TAXATION UNDER ORDERS OF COURSE. Law proposes to examine in the following books and subjects : "1. Justinian-Institutes, book 2, tit. i. ix. "2. Gaius-Institut., lib. ii., sect. 1, . 96. "3. Story-Conflict of Laws, chaps. ix. & x. 4. The Jur. Pignoris. The modern authorities consulted may be Warnkönig-Institut., lib. i., cap. 5; or ColquhounRoman Civil Law, book iii., title 17. "5. The Right of Visitation and Search. "Candidates for distinction will be examined in all the foregoing books and subjects. Candidates for a certificate will be examined in (1) and (3). "The Reader on the Law of Real Property proposes to examine in the following books and subjects : "CLASS I.-Williams on Real Property, 1 "The Statutory Rules of construction laid "Candidates for a studentship or other honourable distinction, will be examined in the books and subjects comprised in Classes I. and II. "2nd. The elementary principles of the Law of Contracts. "Candidates for the studentship and for honours will be examined not only on the above topics, but also in the following books and subjects: WE lately noticed a decision of the Master of the Rolls, upholding the general rule that a party applying, as a matter of course, to tax a solicitor's bill of costs, should state all the facts relating to the delivery or payment of the bill. In another case, where an order of course had been obtained for the taxation of two bills of costs; one of which had been paid, and the fact suppressed in the statements in the petition, the Court discharged the order altogether. The Master of the Rolls said, "The client, on the 3rd of January, 1852, obtained an order to tax two bills of costs delivered on the 23rd of January previous. As to one of these bills it has been paid, and, therefore, as to that the order of course is wrong. I have always held, that where there is an important fact relating to the payment or the time of payment of a bill of costs, it is the duty of the person applying to mention it to the officer of the Court, to enable him to consider whether there ought to be an order of course or a special order. Lord Langdale laid down, that the same rule applies to orders of course, as to exparte applications for injunctions, and that if any fact be suppressed, which requires consideration, that alone is sufficient to discharge the order. In this case I am of opinion, that I must discharge the order to tax altogether, without considering whether, upon a special application, such an order may or may not be obtained. All I decide is, that the order ought to have been obtained, if at all, on special application. In re Hinton, 15 Beav. 192. INCORPORATED LAW SOCIETY. SPECIAL REPORT OF THE COUNCIL. March 10, 1853. THE great increase of the business of the Society, the numerous Bills in Parliament re"1st. The Nature and Requisites of Con-lating to the Law,-the various Rules and tracts (Chitt., Jun., on Contracts not under Seal, chaps. i. and iv.; Collins v. Blantern, 1 Smith, L. C. 154, and Mitchel v. Reynolds, ib. 171, with notes thereto). "2nd. The Law of Bailments (so far as treated of in Chitt., Jun., on Contracts not under Seal pp. 408-433; and in the note to Coggs v. Bernard, 1 Smith, L. C. 82). Orders of the Courts of Law and Equity, which have been under consideration,-the proposed improvement in the mode of remunerating Solicitors, and other matters,-have induced the Council to prepare a Special Report for the information of the Members at the commencement of the adjourned Session of Parliament, in order that they may be made Incorporated Law Society-Special Report of the Council. 497 It appeared useless to attempt to bring on the motion in the short Session before Christmas, which terminated in another change of the Administration; but early in January the Council again applied to Lord Robert Gross venor, soliciting him to procure an appointment with the present Chancellor of the Exchequer. acquainted with the proceedings of the Council since the last General Meeting, and lend their assistance in the measures before Parliament, and particularly in regard to the Repeal of the Certificate Duty,-the Removal of the Courts from Westminster,-the Bills for the further relief of the Suitors of the Court of Chancery, -the General Register of Deeds,-the sale and purchase of Land, -the extension of the Juris- They also presented a memorial to the diction of the Courts of Bankruptcy and Chancellor of the Exchequer stating the County Courts,-the Law of Evidence and grounds of the claim to relief, and informing Procedure, and especially the settlement of a him that Lord Robert Grosvenor had conNew System of Costs in Equity. sented to renew the application to Parliament Annual Certificate Tax.-The members are in the present Session, and asking leave to aware of the causes which delayed the intro- wait on him at his convenience. In answer, duction of the Bill for the repeal of the Certi- they were informed that the Chancellor of the ficate Duty in the early part of last year; and Exchequer, after some interval of time had after a change of Government, the motion of passed, would make an appointment with a Lord Robert Grosvenor stood for considera- view to receiving the Council of the Society. tion at the time of the last Annual Meeting in In addition to these steps, several members of June; but his lordship was unable to make the Council attended Lord Robert by appointthe motion, in consequence of the House hav-ment, on the 11th February; and it was then ing been counted out; and considering the arranged that his lordship should give notice of near approach of the dissolution of Parliament a motion, as early as possible, to bring in the at that time, it was deemed inexpedient to renew the notice in that Session. The Council, therefore, suggested to the attorneys and solicitors in the country with whom they were in communication, to exert their influence with the candidates at the General Election, to consider the justice of the claim, with a view to its early introduction in the new Parliament. The Council in the following November renewed their application to Lord Robert Grosvenor, who with so much kindness, patience, and talent, had for several years bestowed his attention to the subject, and solicited him to appoint a meeting with the new Chancellor of the Exchequer; and his lordship immediately addressed the Chancellor of the Exchequer, in the hope and expectation that the repeal of this oppressive and anomalous tax would be included in the financial plan. The Chancellor of the Exchequer, on the 17th November, in acknowledging the receipt of his lordship's letter, stated "That having had an interview only a few months before with a deputation from the Law Society, he felt that he was quite master of the subject, and hoped therefore that he would not be pressed for an interview, more especially at a time when every moment was fully occupied." It will be recollected that, although the late Chancellor of the Exchequer in stating his financial plan in December last, gave no intimation of the intention of the Government to relieve the Profession from this manifest injustice, yet in the course of his speech "He distinctly and repeatedly recognised the claims of classes which were burthened with imposts from which the rest of the community were free;"-stating that "it was highly expedient that well founded claims to the consideration of Parliament should be entered into, their merits ascertained, and all real grievances be remedied." Bill, and would again communicate with the Chancellor of the Exchequer. His lordship accordingly gave notice of his motion for the 10th March, on which day the subject was brought before the House of Commons, and the votes in favour of the repeal of the tax were 219, and against it 167,-leaving a majority of 52 in favour of the Profession. The Bill has been read a first time, and the second reading will take place after the Easter holidays. It is suggested to the members of the Society and the Profession in general, that they should individually continue to exert their influence with their representatives and clients in Parliament in support of this just and important claim. Equity Practice.-It will be recollected that the Council, with the aid of several members of the Society, devoted much time and attention to the consideration of the proposed alterations and improvements in the jurisdiction and course of proceeding in the Courts of Equity, regarding which they held very numerous meetings; and that the result of their labours was stated in a voluminous report on the 2nd December, 1851, of which printed copies were sent to all the members of the Society, and to the Judges, Commissioners, leading Counsel, and principal officers of the Court. It was also printed and circulated amongst the papers of the House of Commons. The Commissioners made their report on the 27th Jan. 1852, and the several Bills which were brought into Parliament for abolishing the Masters' Offices, for the improvement of Equity Procedure, and for the relief of the Suitors, received the best attention of the Council and their Committee. The Council had no opportunity of considering the various sets of Orders which were from time to time issued, during the last long Vacation and subsequently, until after their publication, when the Orders were immediately printed, and transmitted to the members. It may be useful to specify the dates and general scope of the Orders. They are as follow: 498 Incorporated Law Society-Special Report of the Council. 1852.-July 27.-Relating to the office of bills and claims, but to wait the practical effect the Master of Reports and Entries and coun- of the alteration. If the anticipated objections tersigning cheques by the Accountant-General. of increased expense and delay from printing, July 28.-Relating to payments to surviving representatives. Aug. 7.-Carrying into effect the improvement of the Jurisdiction of Equity Act. Aug. 7.-As to appeals from, or the enrolment of, any decree, order, or dismission. Sept. 7. For the payment of fees by stamps. Oct. 16.-As to proceedings at the Equity Judge's Chambers. Oct. 23. Fees of office and solicitors' charges under the Masters' Office Abolition Act. : Oct. 25.-Under the Suitors' Relief Act :as to office copies,-the regulation of the Accountant-General's Office, the abolition of fees, and the collection of fees by stamps. Nov. 10.-Relating to office copies in Chancery, and the calculation of folios. Nov. 16.-Relating to office copies in lunacy, and the calculation of folios. Dec. 3.-Relating to the payment of fees by adhesive stamps. Dec. 4.-As to fees at the offices of the Taxing Masters, the Registrars, and the Record Clerks. Dec. 10.-As to deposits on appeals. Dec. 16.-As to business to be referred to the conveyancing counsel, under the 15 & 16 Vict. c. 80, s. 41. Dec. 24.-The references by the Masters in Chancery to conveyancing counsel. Rules and regulations were also made under the Patent Law Amendment Act, dated the 1st and 15th October, and 8th November, 1852, and which were also transmitted to the members. The Council, from information and suggestions received, as well from the members of the Society generally, as from the experience derived in their own offices, of the practical operation of the Acts and Orders, have had under their consideration various points arising out of the great changes which have been thus effected. should actually occur, an application to the Lord Chancellor, supported by instances of the evils anticipated, might then be made with a view to the substitution of written for printed copies. The late Lord Chancellor did the Council of the Society the honour of requesting information and suggestions relating to the delay and inconvenience which were experienced in carrying into effect the new system of paying the fees of office by means of stamps. Several members of the Council, extensively engaged in the practice of the Court of Chancery, held many meetings on the subject, and received suggestions from other practitioners; and the Council having given their best attention to the matter, submitted to his lordship a statement with regard to the new system, and their suggestions for remedying some of the inconveniences which it had introduced into the practice. The members are aware that further Orders were made with the view of removing this practical grievance. It may be also mentioned, that the Master of the Rolls did the Council of the Society the honour of requesting them to select, from a list which he furnished, five gentlemen from the Profession, who would be willing to accept the office of one of his chief clerks, under the Act for the abolition of the Masters' Offices, and whom they considered best competent to discharge the duties of it, in order that his Honour might select one of those five for that purpose. The Council anxiously devoted their attention in making the selection required, and after a personal conference on the subject, transmitted the names of five gentlemen, whom they deemed eligible for the office, and one of whom his Honour accordingly appointed. Taxation of Conveyancing Costs in Chancery.-On the 24th December last, the Lord Chancellor intimated to the Taxing Masters"That in his lordship's opinion, where, in pursuance of any direction by the Court or Judge, or of any request by a Master in Ordinary, drafts are settled by any of the conveyancing counsel, under 15 & 16 Vict. c. 80, s. 41, the expense of procuring such drafts to be previously or subsequently settled by other counsel, is not to be allowed on taxation, as between party and party, or as between solicitor and client, unless the Court shall specially direct such allowance. This intimation, however, is not to prevent the allowance of the expense in cases which may already have occurred, where, in the judgment of the Taxing Master, there has been a reasonable ground for laying the papers before other counsel." In the first instance, it was apprehended that the practice of printing Bills would be attended with much inconvenience and delay, and they took into consideration a proposed memorial to the Lord Chancellor, for suspending the provisions of the 15 & 16 Vict. c. 86, as to printing bills and claims in Chancery; but they were of opinion that it was doubtful whether the powers thereby conferred on the Lord Chancellor, of discontinuing or suspending the provisions as to printing bills and claims, and of reviving the previous practice as to filing bills and claims, could be exercised until the provisions had come into operation. The Council were further of opinion, that the This regulation has not been the subject of only alternative given to the Lord Chancellor any formal Order of Court; but the Council was that of reviving the system of serving sub- deem it proper that the Profession should be pœnas, filing bills, and obtaining office copies. made acquainted with the practice now adoptThey therefore deemed it inexpedient, at pre-ed by the Taxing Masters. sent, to interfere with the practice of printing Remuneration of Solicitors. It is well Incorporated Law Society-Special Report of the Council. 499 known to practitioners, that the alterations After the Act passed, it became necessary to effected under the recent Acts and Orders, frame rules and regulations for carrying it into both in the nature and form of the pleadings, practical effect. The Judges determined to and the various proceedings in a suit in annul all former Rules of Court, and to incorEquity, have largely reduced the emoluments porate into one body of General Rules, whatof solicitors, whilst their personal labour, ever was deemed necessary to retain, together and under a new system, their responsibility have been increased. In the Report of the Council of 2nd December, 1851, it was stated that no reform in the practice of the Court could be complete or satisfactory, unless the subject of Equity costs were examined and settled upon just and intelligible principles; and it was pointed out that there are inconsistencies in the scale of allowance, which work in justice both to the suitor and the solicitor. The late Master of the Rolls, Lord Langdale, in several of his judgments on the subject of solicitors' costs, regretted that, according to the existing rules of taxation,-"The charges allowed for services of the utmost value and importance, truly rendered to their clients, were so inadequate that, unless some compensation were allowed in another way, no adequate remuneration would upon taxation be given for the transaction of the whole business." Now, "the compensation in another way," by the length of the papers and matters of routine, has to a considerable extent been abolished, and in other instances largely reduced. The Council have, therefore, authorised their Equity Committee "To inquire into the existing scale of Equity Costs, and to report what alterations ought to be made therein; so that the amount of remuneration to the solicitor may bear a fair proportion to the skill and labour employed, and responsibility incurred, in the carrying on proceedings in Equity; and they have authorised the Committee to call in the assistance of any gentlemen, members of this Society, in considering the subject, and to report their views to the Council."" The Committee have accordingly requested the aid of several members of the Society, of large practice and experience. A very valuable report has been received by the Council, a memorial on the subject has been presented to the Lord Chancellor, and the Committee are still engaged in preparing a Schedule of proposed fees. with the New Rules arising out of the recent Statute. Some of the Judges and Masters were delegated to prepare this Code of Practice, and the Council were favoured by the Judges with copies of the proposed New Rules, and were invited to make their suggestions. It was necessary that the rules should be settled as soon as possible, and consequently a short time only was allowed to deliberate upon the numerous details of this important subject. The suggestions which occurred to the Council were respectfully submitted to the consideration of the Judges, with reasons in support of them, particularly on the Inspection and Admission of Documents,-Amendments,-the Practice at the Judges' Chambers,-the Service of Notices, Rules and Orders,-Proceedings in Ejectment, -Special Juries,-Writs of Execution, &c.-A suggestion was also made, regarding the residence of attorneys upwards of three miles from the Post Office; and it was proposed to keep a Residence Book for the general convenience of the Profession. Many of these suggestions were adopted. The Council especially noticed the large increase in the amount of the Office Fees which the Treasury had fixed on proceedings in the progress of a cause, though the fees at the trial were reduced; and the Council were informed that, at the expiration of six months, when the receipts and payments were ascertained, the scale of fees would be revised and reduced. The General Orders of Hilary Term, 1853, consolidating and amending all the Rules in the Three Superior Courts of Common Law have been printed for the Society, and despatched to the members. Common Luw Costs.-The Council were also favoured by the Judges with the proposed directions to the Masters for the Taxation of Costs, in order that they might make such suggestions as occurred to them; and after much consideration, the Members of the Council, who had an opportunity of considering the proposed scale, attended the Masters several times, and explained the grounds of the proposed alterations and additions. -- Common Law Practice.-During the progress of the inquiries before the Common Law The principal suggestions related to the Commissioners for the Improvement of the charge for Declarations,-Serving Process and Practice and course of proceeding in the Com- Subpoenas,-Instructions for Briefs,-Special Admissions, mon Law Courts, the Council were invited Juries, Attending Trials in to send suggestions to the Commissioners, Town and Country,-Judgments on Warrants and received from them copies of the various of Attorneys,-Fees to Counsel's Clerks,-and suggestions under their consideration. The Allowances between Attorney and Client where Council have communicated with many mem- not allowed between party and party,—with bers of the Society, from whom they received discretionary power to the Master in difficult valuable suggestions, made their report to the or important cases to increase the ordinary alCommissioners; and whilst the Common Law lowances. Procedure Bill was before Parliament, they Many of the suggestions were adopted by the had interviews with some of the Commis- Masters, and others were reserved for the consioners, and several communications with Law sideration of the Judges; and three members Lords on the subject, to whom they submitted of the Council attended a meeting of the Judges their suggestions. |