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Law of Attorneys and Solicitors.-Law of Costs.
281 reference be made within 12 calendar months
LAW OF COSTS, after payment. Now here the application has not been made until more than 10 years after the last of such payments, and no reason is
SECURITY ON PLAINTIFF GOING ABROAD. given for the delay, except such as suggests In Blakeney v. Dufaur, 2 De G. M'N. & G. itself from the relation in which the soli- 771, which was an appeal from the decision citor stood to the acting executor. This is of the Master of the Rolls, directing a plaintiff certainly not enough to justify us in acting on this petition, upon which we have no jurisdic- to give security for costs, upon his going to tion so far as relates to this class of bills, ex- Jersey pending a suit, cept that derived from the statute; for it is Lord Cranworth, L. J., said :-" It is a pronot suggested that, during the period now in question, Mr. Vines possessed any part of the position upon which there is no doubt, that a testator's assets or became accountable to the man cannot institute a suit, if resident abroad, executors. We do not forget that the expression without giving security for costs; and the same in Clacey's affidavit is, that the bills in the life- rule holds where a plaintiff goes abroad, with time of Edward Vines, the father, were all paid the intention of permanently residing there. or allowed in account; but this does not vary Whenever security is asked for, the question the case. The bills were all properly made out and delivered. Specific receipts were given on arises, whether the party is resident abroad or not each settlement. Under these circumstances, within the meaning of the rule, and the answer whether each bill was discharged by a specific to that question depends in each case upon the payment, or by a credit given to the son by the father in any accounts subsisting between interpretation to be put upon the phrase "rethem, is not material : in either case there was sident' or 'permanently resident abroad. If payment of the definite ascertained amount of it is supposed that any case lays down this the bill. The mode of making the payment proposition : that a person is not to give sewas mere matter of arrangement between the father and the son.
curity for costs unless it is shown that he inThe only remaining bills are those, first of tends to end his days abroad, I should entirely Mr. Vines, and afterwards of Messrs. Vines dissent from such a decision. That is not the and Hobbs, for the period subsequent to the meaning of the rule. If a plaintiff goes to redeath of Mr. Vines, the father. There is no side abroad, under circumstances rendering it statement that those bills were ever delivered to the parties chargeable. Clacey, indeed, likely that he will remain abroad for such a says, in reference to some of them, that they length of time, that there is no reasonable prowere duly made out according to the custom of bability of his being forthcoming when the Messrs. Vines & Hobbs' office; but there is defendant may be entitled to call upon him to no evidence that when so made out they were ever delivered to Mr. Shackell, the surviving pay costs in the suit, that is sufficient. executor, so that he might, if he had been A case of this sort is pot to be dealt with minded so to do, have submitted them to the by laying down a general rule; it is impossible consideration of others. Considerable sums of to define satisfactorily what extent of stay money were from time to time paid to Messrs. Vines and Hobbs, on account of their bills of abroad is necessary in every case, to render costs. Clacey says, that Mr. Vines, after his the rule applicable. In the report of the case father's decease, received and paid various sums before Lord Loughborough in Hoby v. Hitchon behalf of the surviving executor. The fair cock, 5 Ves. 699, a gentleman having property inference from the whole evidence seems to us to be, that after the death of the elder Mr. Vines, in the West Indies had gone there, and the there never was any regular settlement of the Lord Chancellor, inferring, I presume, that he bills of costs; though the solicitors from time had gone merely with the temporary object of to time, with the assent of Mr. Shackell, the seeing to his affairs, and intended shortly to executor, retained money in liquidation of their amount. We do not forget that Mr. Shackell return, refused to order security to be given. is said to have sworn, as to some of the bills, When I was a Judge at Common Law the that he had paid them; but considering that Courts constantly refused to require security there is no proof of their having been delivered, to be given where the absence abroad of the we do not think that this payment is shown to have been more than a retention by the solici- party appeared to be for a purpose only temtors or by Mr. Vines, of money for which he porary. It is obvious that, considering the was bound to account to the estate. We are modern facilities for travelling, such orders, if therefore of opinion, that Mrs. Shackell is en- made in those cases, would be a gross opprestitled to have an order for delivery and taxation of all bills of costs for business done subsesion. The party must intend to remain abroad quently to the death of Mr. Vines, the father, permanently, or for so long a time as to render on the ground that there never has been a de it improbable that he can return within the livery or payment.” In re Vines and another, time when he is likely to be called upon for exparte Shackell, 2 De G., M‘N. & G. 842.
Construction of Statutes.- Proposed Half-Holiday on Saturdays. costs in the suit. If, for instance, it were days, the close of the day for transacting legal shown that he had gone abroad for some ob- business, the advantage of which, to individual ject which would keep him there for ten years, admitted.
members of the Profession in Scotland, is fully he would probably be held to be obnoxious to "That your Memorialists, from day to day, the rule.”
also observe a growing disposition on the part Bruce, L. J.—" It is not suggested that this of the mercantile and trading community of gentleman is or was in any public service, civil Saturdays, with a view to consult in an espe
London to cease from business at mid-day on or military. He left London for Jersey in May cial point of view, apart from personal considelast. He arrived there early in June; we are rations, the health and position of clerks and now in November, and there is no evidence assistants in their employ. that he has at any time since been in any other
The Memorialists therefore pray: place. I am of opinion that, within the
“That the Council of the Law Society of meaning of the rule, there has been a perma
the United Kingdom will take steps forth
with, by application to the Lord High nent change of residence to a place out of the
Chancellor of Great Britain and the jurisdiction. The appeal must be dismissed
Judges of the Realm, or otherwise, as with costs."
they shall deem expedient, for establish
ing that the hour of two o'clock on CONSTRUCTION OF STATUTES.
Saturdays shall be considered henceforth
to be the close of that day for conducting EQUITY JURISDICTION IMPROVEMENT
legal business in all its branches." ACT.
*Crowder & Maynard Wm. Hy. Withall
Clarke & Morice Mason & Withall ORDER TO REVIVE AT INSTANCE OF
Tilleard, Sons, & Free- Maugham & Dixon
W. M. Benett
Maltby, Robinson, & *Austen & De Gex HELD, that an order of revivor of a cre- Jackson
Richard Lambert ditor's suit, under the 15 & 16 Vict. c. 86, J., C., & H. Fresh- *Stephens & Hadow s. 52, may be made at the instance of a field
Bridges, Mason, & creditor to whom a debt is found due by the Freeman & Bathamley Bridges Master, and where the report has been con- *E., J., & H. Lawford *Sharpe, Field, & Jackfirmed. Lowes y. Lowes ; Same v. Ives, 2
*Oliverson, Lavie, & De G., M‘N. & G. 784.
*Gregory, Faulkner, & * Desboroug, Young, & Co. Desborough
Thomas White & Sons COUNSEL ON HEARING WITH ASSISTANCE Tatham, Upton, Up- *Frere, Goodford, & OF COMMON LAW JUDGE.
ton, & Johnson Cholmeley
Minet & Smith Roumieu, Walters, & Upon the hearing of an argument with Chatfield & Hart Co. the assistance of a Common Law Judge Janson & Cooper George Samuel Ford under the 14 & 15 Vict. c. 83, s. 8, only Sutton, Ommanney, & Henderson & Leach one counsel can be heard on each side.
A. Dobie Jones v. Beach, 2 De G., M‘N. & G. 886. Stables, Burn, & Ware Fladgate, Young, &
Dawes & Sons Jno. Clayton
Bolton, Merriman, & Jacksons PROPOSED HALF-HOLIDAY ON Dunning
Blake, Tylee, & Tylee SATURDAYS.
R. & W. G. Roy. Son The Memorial of the undersigned Attorneys G. Bower
Nicholl & Smith and Solicitors of her Majesty's Courts at West- Marten, Thomas, & *H. & G. Lake minster, on behalf of themselves and all other
Henry Mott Attorneys and Solicitors of the United King- Pearce, Phillips, Winck- Wm. S. Paine dom, presented on Thursday, the 3rd August,
worth & Pearce Thos. Wm. Budd to the Counil of the Incorporated Law Society Hollingsworth & Tyer- Stevens & Satchell of the United Kingdom, states:
W. J. Norton & Son "That for many years past the members of Sewell
, Fox, & Sewell Palmer & Nettleship the Legal Profession have felt that the time Fyson, Curling, & Davis, Son, Campbell,
& Co. hitherto recognised as the business hours of
A'Beckett, Sympson, the Profession amounts almost
to an exclusion Th. Browning of every other pursuit, whether of a literary, Edward S. Clarke
Parnell & T. Willaume & Warner social, or domestic character.
Wright,Smith,& Shep"That your Memorialists observe with satis- Church & Son
E. & E. H. Smith herd faction that a limited relaxation from business
J. Gregory, for self &
Sons has for some time past been observed in Scot- Morris, Stone, Townland by making two o'clock, P.M., on Satur
son, & Morris Joseph Ivimey Wm. Withall
Hedges & Steadman
Proposed Half-Holiday on Saturdays.--Returns relating to Courts of Law.
283 Hawkins, Bloxam, & Tippetts & Son Grover & Coare F. Smith, Stenning, & Hawkins. Fredk. T. Spiller Raven & Bradley
Croft H. & C. Hall
Sturmy, Simpson, & Chilton, Burton, & James Boyd *Currie, Woodgate, & Bousfield
Jas. Taylor & Mason Williams Rupert Rains J. Burton
Chester, Toulmin, & Lee & Pemberton R. Woodward
Keightley, Cuncliffe, & Chester Gabriel & Newington. R. T. Jarvis
Ridsdale & Craddock Amory, Travers, & J. E. Shearman & Bennett & Field *Ranken, Ford, LongSmith
Law, Tindal, & Hussey bourne & Vickerman Hill, Heald, & Reeves Thos. Hardwick Mer- Meredith, Reeve, & Co. Aldridge & Bromley Symes, Teesdale, & riman
Bell, Brodrick, & Bell Chubb, Deane, & Sandilands William Ley
Chubb Surt & Gribble Church & Langdale N. C. Milne
Cooper & Hodgson Hughes, Kearsey, & Malton & Baynes *E. S. Bailey
Mourilyan & Rowsell Masterman Robinson & Geare J. Shaw
Humphreys & MarYoung & Vallings Prichard & Collette Edward Bailey
shall Venning, Naylor, & Danl. S. Bockett
Robins, & Langley & Gibbon Robins Dynes & Harvey Burges
Williamson, Hill, & Wordsworth, Great- Cox, Williams, & W. 0. & W. Hunt & Williamson head, & Blake James
Watkin & Hooper *Wilde, Rees, Hum- Loveland & Tweed Swift & Wagstaff W. Samler phry, & Wilde
Rooper, Birch, Ingram, Beisly, Read, & Pat. Newbon & Evans Thompson, Debenham, & Whately
Richard Sargent & Brown
Wright & Jeanneret Pocock, Mitchell, & A. F. Chamberlayne Johnston, Farquhar, & Chisholme & Gibson Berkeley
Reed, Langford, & Leech
Edward Whitaker Jaques, Edwards, Marsden Bischoff, Coxe, & Bom- Plucknett & Adams Jaques, & Layton W. & G. T. Woodoffe pas
Clarke, Gray,& Wood- Wadeson & Malleson George H. Drew Fry & Loxley
Blunt & Shadwell John Dingwall
Chas. Druce & Sons & Gwatkin
*Pickering, Smith, & Tatham & Procter *W.H. & C. J. Palmer Rhodes
Woodhouse & Parkin
Parker, Hayes, Barn- MʻLeod & Stenning Bell, Cowdell, & Boyes Pringle, Shum, Wil- well, & Twisden Vandercom, Cree, Law, Cameron & Booty
son, & Crossman
Burgoynes, Clark, & & Comyn
Wm. M. Kearns
pron, & Dalton
Edw. Leigh Pemberton Hodgson & Burton Hampton
Karslake, Crealock, & Murray & Calthrop Delmar & Wynne Walker, Grant, & Co. Karslake
Shaen & Grant
*Farrer & Co. Norris & Allen John Murray
W. & S. Cotton Thomas Brooksbank Harrison & Beal Murray, Froom, & Co. Howard & Dollman Baxter, Rose, & Norton Parker, Rooke, & Co. Fladgate, Clarke, & Robt. Beckwith Towse *White & Broughton Edward Willan, for Finch
* This star denotes a member of the Counself and Partner Edward Kemp Cardale, Iliffe, & Rus- Few & Co.
cil of the Law Society, Bolding & Pope *Coverdale, Lee, & Walters & Son
The Council have concurred in the object of Purvis Bennett & Stark
the memorial, and have referred it toʻa ComThos. Wm. Flavell Combe & Wainwright mittee to consider the means of carrying it Abbott, Jenkins, & Wing & Du Cane Abbott
Barker, Bowker, & into effect.
RETURNS RELATING TO COURTS
, Payne, & Lay- W. & H. P. Sharp ton Harrison, Tennant, &
Actions Tried. Walter Prideaux
In the year 1851 John Francis
371 Taylor & Collisson Keddell & Smith
451 George Loader Holmer & Robinson Dimmock and Burbey
Criminal Informations Tried. Scott, Tahourdin, & Mawe & Son
In the year 1851
1 Clowes, Wedlake, &
1852 Saml. Gale Clowes
Returns relating to Courts of Law.
8 In the year 1851
Middlesex, Causes tried 162
140 H. G. CAMPBELL, Associate.
Middlesex, Causes withdruwn 73
In 1852.-Middlesex, Causes entered 209 Number of Rules for New Trials argued . 64
241 other Rules argued
128 Cases argued in Special Paper 81
124 Days out of Term the Court
Middlesex, Causes withdrawn 52
11 sat in Banco
In 1853.–Middlesex, Causes entered 307 Number for New Trials argued
321 other Rules argued
Middlesex, Causes tried 174 Cases argued in Special Paper 64
168 Days out of Term the Court
Middlesex, Causes withdrawn 106 sat in Banco
John JERVIS, L. C.J., C.P. Number of Rules for New Trials argued . 64
J. Jervis, Associate. other Rules argued
88 Cases argued in Special Paper 58 Days out of Term the Court
EXCHEQUER OF PLEAS. sat in Banco
Number of Actions brought in 1851 29,828
1852 29,616 Number.
Ditto ditto 1853 . 33,414 In the year 1851 .
21,221 Number of Rules for New Trials in 1851 89 1852 .
1852 226 Ditto
ditto (Signed) FORTUNATUS DWARRIS.
1853 127 A. D. CROFT.
Number of Cases argued in the Special
69 In the year 1851
Number of Cases argued in the Special
Number of days out of Term
19 Cases Argued in Crown Paper. In the year 1851
Number of days out of Term on which
Number of days out of Term on which 1853
the Court sat in Banco in 1853 Crown Office,
Chas. F. ROBINSON. 9th June, 1854. WM. SAML. JONES.
W. F. Pollock, Two of the Masters of the
In the Years
Actions Entered for Trial. 1851., 1852. 1853. In the year 1851
In London. In Middlesex. 280
583 1852 323
534 1853 417
662 Actions brought 14,398 17,879 16,106 Rules for New Trials
Actions Tried. argued 48
In London. In Middlesex.
391 38 Other Rules argued 203 177 83
In the year 1851 133
266 Cases argued in the
288 Special Paper
333 Registration Appeals
Revenue Causes Tried, argued
1 Days out of Term on
In the year 1851, 5
All Reyenue Causes are which the Court sat
tried in Middlesex.
1853, in Banco . 2 51 0
HENRY POLLOCK, Associate. JOHN JERVIS, L. C. J., C.P.
REPORT OF THE COUNCIL.
Incorporated Law Society-Annual Report of the Council.
285 INCORPORATED LAW SOCIETY. 3. The Bankruptcy Commissioners, for in
quiring into the Law of Bankruptcy, have long
been engaged in examining witnesses on the ANXUA
proposed further alteration in that branch of
June 27, 1854. the Law, regarding which they have just preSince the last General Meeting of the So- sented an elaborate report, including a stateciety the attention of the Council has been ment of the Council in reply to the questions directed to various proposed legislative altera- of the Commiesioners. tions, particularly in the Courts of Common
4. The New Commissioners for considering Law, the Ecclesiastical Court, the Law of Pro- the subject of the “ Registration of Titles with perty, and the principles of Equity in regard to reference to the sale and transfer of Land.” Trustees and Executors. They have also had On this Commission are two solicitors, one of under their consideration the Rules of Taxation them a member of the Council
, and the other a in Chancery: the Annual Certificate Duty; the member of the Society. It is not expected Administration of Oaths by London Solicitors; that this inquiry can be concluded during the the Fees of the Courts and Offices ; Profes- present Session, and consequently no alterasional Usages in Conveyancing Matters; the tion in this part of the Law can be made till Education and Examination of Articled Clerks;
the next Session. the proposed New Law Courts; numerous Com
5. The Ecclesiastical Courts inquiry was plaints of Malpractice and Encroachments on
united with that of the Court of Chancery; the Profession; and, lastly, the General Affairs and the joint Commissioners, after taking eviof the Society, its Library and Lectures, the dence on the subject, reported in favour of a Increase in the Number of Members, and the Probate Court. This has been followed by a State of its Finances.
Bill materially varying from the recommenda
tions of the Commissioners, and on which I. Law Bills IN PARLIAMENT AND COM- some observations will be presently made., MISSIONS OF INQUIRY,
6. The County Court Commissioners have The Council have devoted much time and been long, and still continue, engaged in attention to the Bills in Parliament for the taking evidence on the inquiry into "the amendment of various parts of the Law and state and practice of the County Courts.” At the Practice of the Courts. They have also the request of the Commissioners, several attended carefully to the proceedings of the se- members of the Society have been examined veral Government Commissions and Parlia- before them, and the Council have transmitted mentary Committees on the state of the Law. a statement and suggestions to the CommisNo less than seven special Commissions are sioners, pointing out some of the means by now, or recently were, in operation; and it which they think these Local Courts might be may be proper, before remarking on the Bills made more useful and satisfactory as Small which have been brought before the Legisla- Debt Courts, and suggesting a concurrent ture, to notice the scope of these Commissions jurisdiction in the Superior Courts for debts of Inquiry. The Council have found it neces- not less than 57. sary, in considering the measures before Par- 7. The Mercantile Law Commission, from liament, to study the various reports of the which the Council have just received an elaboCommissioners and Parliamentary Committees, rate statement of the differences between the with the evidence taken before them relating to Laws of England and Ireland and those of the objects for which they were appointed. The Scotland, accompanied by a series of questions Council have on many occasions been invited for consideration. by the Commissioners to communicate their These Commissions comprehend as well the views and suggestions, and to send members principles of Law as the course of procedure of their body to give evidence before the Com- in all the Superior Courts in which, as the missioners. They have thus had an opportu- members of this Society are practitioners, the nity of promoting some important improve Council have felt it to be their duty vigilantly ments in the administration of justice, of in- to watch the alterations proposed. creasing the facilities for transacting profes- The Council now proceed to notice the sional business, and bringing under conside- Bills which have been submitted to the Loration the just claims and interests of the gislature in the present Session. practitioners.
Ist. Common Law Bills. There are several The Commissions of Inquiry still pending Bills in this department of jurisprudence, the are as follow:
most important of which is the second Common 1. The Chancery Commissioners, now en-Law Procedure Bill. One of the principal gaged in an inquiry into the mode of taking changes proposed is the examination of the evidence, and particularly as to the expense parties before trial. Under the Evidence Act, and delay in examining witnesses vivá voce, 14 & 15 Vict. c. 99, the parties are enabled to on which several members of the Council have give evidence at the trial for themselves, or been examined before the Commissioners. may be called by the opposite party, but this
2. The Common Law Commissioners, whose takes place after all the other expenses of preSecond Report has been followed by a Bill for paring for trial have been incurred. It is now carrying their recommendations into effect, the proposed that the plaintiff may, with his declascope of which will be hereafter stated. ration, deliver interrogatories which the de