« EelmineJätka »
Legal Education-Examination of Students for the Bar. Now that affidavits may be used as evi- distinction; or whether he is merely desirous dence on the hearing of à 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
| “The examination will commence on Mon
day, the 23rd day of May next, and will be careful preparation and completion should co
continued on the Tuesday and Wednesday folbe duly increased.
“ Each of the three days of examination will · LEGAL EDUCATION.
be divided as under: “From half-past nine, A.M., to half-past
twelve. EXAMINATION OF STUDENTS FOR THE BAR. “From half-past one, P.M., to half-past four.
We are glad to record the following Rules “The examination will be partly oral, and for the Public Examination in Trinity Term partly conducted by means of printed quesnext, of Students at the Inns of Court :
tions, to be delivered to the students when as
seinbled for examination, and to be answered “The attention of the students is requested in writing. 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 hooks below themselves for examination, studentships shall mentioned ; regard being had, however, to thebe founded of 50 guineas per annum each, to particular object with a view to which the stu-. continue for a period of three years, and one dent presents himself for examination. such studentship shall be conferred on the “In determining the question whether a most distinguished student at each public ex. student has passed the examination in such a amination; and further, the Examiners shall manner as to entitle him to be called to the Bar, select and certify the names of three other the Examiners will principally have regard to students who shall have passed the next best the general knowledge of Law and Jurispru-examinations, and the Inns of Court to which prudence which he has displayed. such students belong, may, if desired, dispense with any Terms, not exceeding two, that may remain to be kept by such students pre
" The Reader on Constitutional Law and viously to their being called to the Bar. Pro | Legal History will expect the students to be vided that the Examiners shall not be obliged acquainted with the following books, which to confer or grant any studentship or certificate, will form the ground
te will form the ground of his examination :unless they shall be of opinion that the exami
“ Hallam's Constitutional History, last vol. nation of the students they select has been
“ The Reign of William the Third, in such as entitles them thereto.'
Tindal or Belsham. “At every call to the Bar those students
“ Millar on the English Constitution. who have passed a public examination, and
“The Reign of Queen Anne, in Tindal or either obtained a studentship or a certificate of
Belsham. honour, shall take rank in seniority over all
“ The Statute Book during the Reigns of other students who shall be called on the same
Charles the Second William the Third, day.'
and Queen Anne. * No student shall be eligible to be called
“ The State Trials during the same period. to the Bar who shall not either have attended
“ The Parliainentary History during the during one whole year the lectures of two of
same time. the readers, or have satisfactorily passed a
“ Mably Droit Public De L'Europe. public examination.""
“ The Fragment of Sir James Macintosh.
stone's Commentaries. “RULES FOR THE PUBLIC EXAMINATION OF “ Those who are candidates only for certifi
CANDIDATES FOR HONOURS, OR CERTI- cates will be expected to know the last volume FICATES ENTITLING STUDENTS TO BE of Hallam's Constitutional History, and to anCALLED TO THE BAR.
| swer any general questions on the History of “An examination will be held in next Tri-England. nity Term, to which a student of any of the Inns of Court, who is desirous of becoming a “The Reader on Equity will examine in the candidate for a studentship or honours, or of following books :obtaining a certificate of fitness for being called “1. Mitford on Pleadings in the Court of to the Bar, will be admissible.
Chancery ; Calvert on Parties to Suits in “Each student proposing to submit himself Equity, chaps. 1 and 2 ; Smith's Manual for examination, will be required to enter his of Equity Jurisprudence; the Act for the name at the Treasurer's Office of the Inn of Improvement of Equity Jurisdiction, 15 & Court to which he belongs, on or before Friday, 16 Vict. c. 86. the 20th day of May next, and he will further “ 2. Sir James Wigram's Points in the Law be required to state in writing whether his of Discovery, ' Defence by Plea ;' Story's object in offering himself for examination is to Commentaries on Equity Jurisprudence, compete for a studentship or other honourable vols. 1 and 2; the principal Cases ir 496
Legal Education.-Law of Attorneys.-Incorporated Law Society. White and Tudor's Leading Cases, vols...“ 3rd. The Rules of Evidence of ordinary 1 and 2.
application. “Candidates for certificates of fitness to be
“By Order of the Council, called to the Bar will be expected to be well “W. P. Wood, Chairman, Pro. Tem. acquainted with the books mentioned in the “ Council Chamber, Lincoln's Inn, first of the above classes.
“ April 11, 1853." “Candidates for a studentship or honours will be examined in the books mentioned in the two classes.
LAW OF ATTORNEYS.
« The Reader on Jurisprudence and the Civil TAXATION UNDER ORDERS OF COURSE. Law proposes to examine in the following -CONCEALMENT OF FACTS. books and subjects :“1. Justinian–Institutes, book 2, tit. i. ix.
We lately noticed a decision of the Mas« 2. Gaius-Institut.. lib. ö.. sect. 1. . . 96.) ter of the Rolls, upholding the general rule “ 3. Story--Conflict of Laws, chaps. ix. & x. that a party applying, as a matter of course, “4. The Jur. Pignoris. The modern autho-to tax a solicitor's bill of costs, should state
rities consulted may be Warnkönig-In- all the facts relating to the delivery or paystitut., lib. i., cap. 5; or Colquhoun- ment of the bill. In another case, where Roman Civil Law, book üï., title 17.
an order of course had been obtained for “5. The Right of Visitation and Search.
the taxation of two bills of costs; one of “ Candidates for distinction will be examined
which had been paid, and the fact supin all the foregoing books and subjects. Candidates for a certificate will be examined in (1)
pressed in the statements in the petition, and (3).
the Court discharged the order altogether.
The Master of the Rolls said, “The Reader on the Law of Real Property “The client, on the 3rd of January, 1852, proposes to examine in the following books and obtained an order to tax two bills of costs desubjects:
livered on the 23rd of January previous. As « Class I.-Williams on Real Property, i to one of these bills it has been paid, and,
Steph. Com, book 2, and Butler's Notes to therefore, as to that the order of course is
Co. Lit. 191, a, sect. 2, 5; 271, b. wrong. I have always held, that where there “ CLASS II.—Trusts for Accumulation, and is an important fact relating to the payment or
the operation of 39 & 40 Geo. 3, c. 98. the time of payment of a bill of costs, it is the “ Powers of Sale, and the Liability of Pur- duty of the person applying to mention it to
chasers to see to the application of their the officer of the Court, to enable him to conpurchase money.
sider whether there ought to be an order of “The Statutory Rules of construction laid course or a special order. Lord Langdale laid down by the 1 Vict. c. 26.
| down, that the same rule applies to orders of “Candidates for a certificate merely, will be course, as to exparte applications for injuncexamined exclusively in the books comprised tions, and that if any fact be suppressed, which in Class I.
requires consideration, that alone is sufficient “ Candidates for a studentship or other how to discharge the order. nourable distinction, will be examined in the In this case I am of opinion, that I must books and subjects comprised in Classes I. and discharge the order to tax altogether, without II.
considering whether, upon a special applica
tion, such an order may or may not be ob“ The Examination in Common Law, with a tained. All I decide is, that the order ought view to a certificate to be called to the Bar, will to have been obtained, if at all, on special apembrace the following subjects:
| plication. In re Hinton, 15 Beav. 192. “1st. The ordinary steps and proceedings in an Action at Law.
INCORPORATED LAW SOCIETY. “2nd. The elementary principles of the Law of Contracts.
SPECIAL REPORT OF THE COUNCIL. “Candidates for the studentship and for honours will be examined not only on the
March 10, 1853. above topics, but also in the following books The great increase of the business of the and subjects :
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 Orders of the Courts of Law and Equity, Seal, chaps. i. and iv. ; Collins v. Blantern, which have been under consideration, the pro1 Smith, L. C. 154, and Mitchel v. Rey-posed improvement in the mode of remuneratnolds, ib. 171, with notes thereto). Jing Solicitors, and other matters,—have in« 2nd. The Law of Bailments (so far as duced the Council to prepare a Special Report
treated of in Chitt., Jun., on Contracts not for the information of the Members at the under Seal pp. 408-433; and in the note commencement of the adjourned Session of to Coggs v. Bernard, 1 Smith, L. C. 82). Parliament, in order that they may be made
Incorporated Law Society
Special Report of the Council.
acquainted with the proceedings of the Council. It appeared useless to attempt to bring on since the last General Meeting, and lend their the motion in the short Session before Christassistance in the measures before Parliament, mas, which terminated in another change of and particularly in regard to the Repeal of the the Administration ; but early in January the Certificate Duty,--the Removal of the Courts Council again applied to Lord Robert Gros from Westminster,-the Bills for the further venor, soliciting him to procure an appointrelief of the Suitors of the Court of Chancery, ment with the present Chancellor of the Ex-the General Register of Deeds,-the sale and chequer. 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 re-Bill, and would again communicate with the new the notice in that Session.
| Chancellor of the Exchequer. His lordship The Council, therefore, suggested to the at- accordingly gave notice of his motion for torneys and solicitors in the country with the 10th March, on which day the subject was whom they were in communication, to exert brought before the House of Commons, and their influence with the candidates at the Ge- the votes in favour of the repeal of the tax were neral Election, to consider the justice of the 219, and against it 167,-leaving a majority of claim, with a view to its early introduction in 52 in favour of the Profession. The Bill has the new Parliament.
been read a first time, and the second reading The Council in the following November re- will take place after the Easter holidays. newed their application to Lord Robert Gros- ! It is suggested to the members of the Society venor, who with so much kindness, patience, and the Profession in general, that they should and talent, had for several years bestowed his individually continue to exert their influence .attention to the subject, and solicited him to with their representatives and clients in Parliaappoint a meeting with the new Chancellor of ment in support of this just and important claim. the Exchequer; and his lordship immediately Equity Practice.-It will be recollected that addressed the Chancellor of the Exchequer, in the Council, with the aid of several members of the hope and expectation that the repeal of the Society, devoted inuch time and attention this oppressive and anomalous tax would be to the consideration of the proposed alterations included in the financial plan.
and improvements in the jurisdiction and course The Chancellor of the Exchequer, on the of proceeding in the Courts of Equity, regard17th November, in acknowledging the receipt ing which they held very numerous meetings; of his lordship's letter, stated
and that the result of their labours was stated “That having had an interview only a few in a voluminous report on the 2nd December, months before with a deputation from the Law 1851, of which printed copies were sent to all Society, he felt that he was quite master of the members of the Society, and to the Judges, the subject, and hoped therefore that he Commissioners, leading Counsel, and principal would not be pressed for an interview, more officers of the Court. It was also printed and especially at a time when every moment was circulated amongst the papers of the House of fully occupied.”
| Commons. The Commissioners made their reIt will be recollected that, although the late port on the 27th Jan.1852, and the several Bills Chancellor of the Exchequer in stating his which were brought into Parliament for abolishfinancial plan in December last, gave no inti. ing the Masters' Offices, for the improvemation of the intention of the Government to ment of Equity Procedure, and for the relief of relieve the Profession from this manifest in the Suitors, received the best attention of the justice, yet in the course of his speech
Council and their Committee. “He distinctly and repeatedly recognised The Council had no opportunity of considerthe claims of classes which were burthened ing the various sets of Orders which were from with imposts from which the rest of the com- time to time issued, during the last long Vacamunity were free;"--stating that “it wastion and subsequently, until after their publica. highly expedient that well founded claims to tion, when the Orders were immediately printed, the consideration of Parliament should be en- and transmitted to the members. It may be tered into, their merits ascertained, and all useful to specify the dates and general scope of real grievances be remedied.”
the Orders. They are as follow :
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 should actually occur, an application to the representatives.
Lord Chancellor, supported by instances of Aug. 7.-Carrying into effect the improve the evils anticipated, might then be made with ment of the Jurisdiction of Equity Act. a view to the substitution of written for printed
Aug. 7.-As to appeals from, or the enrol- copies. ment of, any decree, order, or dismission. The late Lord Chancellor did the Council
Sept. 7. - For the payment of fees by of the Society the honour of requesting instamps.
formation and suggestions relating to the delay Oct. 16.-As to proceedings at the Equity and inconvenience which were experienced in Judge's Chambers.
carrying into effect the new system of paying Oct. 23. - Fees of office and solicitors' the fees of office by means of stamps. charges under the Masters' Office Abolition Several members of the Council, extensively Act.
engaged in the practice of the Court of ChanOct. 25.--Under the Suitors' Relief Act :- cery, held many meetings on the subject, and as to office copies,--the regulation of the Ac- received suggestions from other practitioners ; countant-General's Office, the abolition of and the Council having given their best atfees,--and the collection of fees by stamps. tention to the matter, submitted to his lord
Nov. 10.- Relating to office copies in Chan. ship a statement with regard to the new syscery, and the calculation of folios.
tem, and their suggestions for remedying some Nov. 16.—Relating to office copies in lunacy, of the inconveniences which it had introduced and the calculation of folios.
into the practice. Dec. 3.- Relating to the payment of fees by The members are aware that further Orders adhesive stamps.
were made with the view of rernoving this Dec. 4.-As to fees at the offices of the Tax. practical grievance. ing Masters, the Registrars, and the Record It may be also mentioned, that the Master Clerks.
of the Rolls did the Council of the Society the Dec. 10.-As to deposits on appeals. | honour of requesting them to select, from a
Dec. 16.-As to business to be referred to list which he furnished, five gentlemen from the conveyancing counsel, under the 15 & 16 the Profession, who would be willing to accept Vict. c. 80, s. 41.
the office of one of his chief clerks, under the Dec. 24.–The references by the Masters in Act for the abolition of the Masters' Offices, Chancery to conveyancing counsel.
and whom they considered best competent to Rules and regulations were also made under discharge the duties of it, in order that his the Patent Law Amendment Act, dated the 1st Honour might select one of those five for that and 15th October, and 8th November, 1852, purpose. The Council anxiously devoted their and which were also transmitted to the mem- attention in making the selection required, and bers.
after a personal conference on the subject, The Council, from information and sug- transmitted the names of five gentlemen, whom gestions received, as well from the members of they deemed eligible for the office, and one of the Society generally, as from the experience whom his Honour accordingly appointed. derived in their own offices, of the practical Taxation of Conveyancing Costs in Chanoperation of the Acts and Orders, have had cery. On the 24th December last, the Lord under their consideration various points aris-Chancellor intimated to the Taxing Mastersing out of the great changes which have been “That in his lordship's opinion, where, in thus effected.
| pursuance of any direction by the Court or In the first instance, it was apprehended Judge, or of any request by a Master in Ordithat the practice of printing Bills would be at- nary, drafts are settled by any of the conveytended with much inconvenience and delay, ancing counsel, under 15 & 16 Vict. C. 80, 8. and they took into consideration a proposed 41, the expense of procuring such drafts to be memorial to the Lord Chancellor, for suspend- previously or subsequently settled by other ing the provisions of the 15 & 16 Vict. c. 86, counsel, is not to be allowed on taxation, as as to printing bills and claims in Chancery; between party and party, or as between solicibut they were of opinion that it was doubtful tor and client, unless the Court shall specially whether the powers thereby conferred on the direct such allowance. This intimation, howLord Chancellor, of discontinuing or suspend-ever, is not to prevent the allowance of the ing the provisions as to printing bills and expense in cases which may already have occlaims, and of reviving the previous practice curred, where, in the judgment of the Taxing as to filing bills and claims, could be exercised Master, there has been a reasonable ground until the provisions had come into operation. for laying the papers before other counsel.” 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 pænas, filing bills, and obtaining office copies. I 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, lever was deemed necessary to retain, together and under a new system, their responsibility with the New Rules arising out of the recent have been increased. In the Report of the Statute. Some of the Judges and Masters Council of 2nd December, 1851, it was stated were delegated to prepare this Code of Practice, that no reform in the practice of the Court and the Council were favoured by the Judges could be complete or satisfactory, unless the with copies of the proposed New Rules, and subject of Equity costs were examined and were invited to make their suggestions. It was settled upon just and intelligible principles ; necessary that the rules should be settled as and it was pointed out that there are incon- soon as possible, and consequently a short time sistencies in the scale of allowance, which work only was allowed to deliberate upon the nuin juscice both to the suitor and the solicitor. merous details of this important subject.
I he late Master of the Rolls, Lord Lang: The suggestions which occurred to the Coundale, in several of his judgments on the sub-cil were respectfully submitted to the considerject of solicitors' costs, regretted that, accord-ation of the Judges, with reasons in support of ing to the existing rules of taxation,_“The them, particularly on the Inspection and Adcharges allowed for services of the utmost mission of Documents, -- Amendments,-the value and importance, truly rendered to their Practice at the Judges' Chambers,—the Service clients, were so inadequate that, unless some of Notices, Rules and Orders,-Proceedings in compensation were allowed in another way, no Ejectment,-Special Juries, -Writs of Execuadequate remuneration would upon taxation be tion, &c.--A suggestion was also made, regardgiven for the transaction of the whole busi-ing the residence of attorneys upwards of three ness."
miles from the Post Office; and it was proNow, “the compensation in another way,” posed to keep a Residence Book for the general by the length of the papers and matters of convenience of the Profession. Many of these routine, has to a considerable extent been abo- suggestions were adopted. lished, and in other instances largely reduced.) The Council especially noticed the large inThe Council have, therefore, authorised their crease in the amount of the Office Fees which Equity Committee
the Treasury had fixed on proceedings in the “To 'inquire into the existing scale of progress of a cause, though the fees at the trial Equity Costs, and to report what alterations were reduced ; and the Council were informed ought to be made therein; so that the amount that, at the expiration of six months, when the of remuneration to the solicitor may bear a fair receipts and payments were ascertained, the proportion to the skill and labour employed, scale of fees would be revised and reduced. and responsibility incurred, in the carrying on! The General Orders of Hilary Term, 1853, proceedings in Equity;' and they have autho- consolidating and amending all the Rules in rised the Committee to call in the assistance the Three Superior Courts of Common Law of any gentlemen, members of this Society, in have been printed for the Society, and deconsidering the subject, and to report their spatched to the members. views to the Council.”
Common Luw Costs.-The Council were also : The Committee have accordingly requested favoured by the Judges with the proposed dithe aid of several members of the Society, of rections to the Masters for the Taxation of Costs, large practice and experience. A very valu- in order that they might make such suggestions able report has been received by the Council, as occurred to them; and after much considera memorial on the subject has been presented ation, the Members of the Council, who had to the Lord Chancellor, and the Committee are an opportunity of considering the proposed still engaged in preparing a Schedule of pro- scale, attended the Masters several times, and posed fees.
explained the grounds of the proposed alteraCommon Law Practice.-During the pro- tions and additions. gress 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- Subpænas,-Instructions for Briefs,-Special mon Law Courts, the Council were invited Juries, – Admissions, - 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.