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Incorporated Law Society-- Annual Report of the Council. siness. The Commission is granted to solici- | the suitors in regard to many of the fees in the tors practising within 10 miles of Lincoln's Inn early proceedings in an action, the Judges inHall; but it is undecided, and the question formed the Council

, that, as soon as the has not arisen, whether the oath may not be amount could be ascertained, the Lords of the administered anywhere beyond that circuit. Treasury, in the event of a surplus, would The safe course would be, within the clear in- revise the scale of fees. It was therefore tention of the Legislature, to confine the exer- earnestly trusted that their lordships would cise of the power to the boundary expressed in take the subject into consideration, and afford the Statute. The Act fixes the fee of Is. 6d. such relief as might seem meet.” for the oath. In the country a further fee of

VI. USAGES OF THE PROFESSION. 24. 6d. is allowed on each exbibit; but the former fee on exhibits paid at the Affidavit

In the course of the past year, numerous Office having been abolished, it is understood questions have been brought before the Coun. that the Taxing Masters will not allow any fee cil relating to the usual practice of solicitors in in London for exhibits, as the affidavit can be conveyancing business.' Some of these desworn at the Record Office without any charge pended on peculiar circumstances, not within beyond the ls. 6d. paid by means of stamp:

the range of ordinary practice, and which the At present, therefore, the Council recommend Council, at the request of the respective solicithat no charge be made for marking exhibits, tors, decided, and thus in some instances they however numerous.'

prevented unpleasant disputes and expensive The law and practice in the Court of Chan- application to the Court. cery as to administering oaths having been VII. COMPLAINTS OF MALPRACTICE AND thus settled, the Council renewed their appli- ENCROACHMENTS ON THE PROFESSION. * cation to the Common Law Judges for the grant of similar powers. Their former appli

The Council regret to say that, during the cation having been postponed for further con- past year, they have had to investigate numesideration on account of the loss to the Trea-rous complaints against attorneys in practice ; sury of the fees on swearing affidavits at the objections to attorneys applying to be reJudges' Chambers, the Council submitted that admitted, or to renew their certificates ;-and more than 12 months having elapsed since the against unqualified persons assuming to act as Lords of the Treasury, with the assent of the attorneys, or using the names of attorneys withJudges, had fixed a scale of fees in many re

out their authority. In one case a reference spects higher than the previous fees, and cre

by the Court to the Master is still pending for ated new fees though some fees had been abo- charging in a bill and an affidavit of increase, lished or reduced, the Council submitted that larger payments to several witnesses than were the new scale of fees had produced a larger sum has been struck off the Roll, having been con

actually made. In another case the attorney than necessary to defray the expenses of the victed of obtaining money under the false preCourt, and consequently the loss of fees on the administration of oaths would not be ma- which had never taken place; and in a third

tence of the institution of legal proceedings terial, and it was hoped, indeed, that any other fees might also be reduced or abolished. case a rule nisi is still pending. The Council

and their Committees have considered the affiV. Fees in the Common Law Courts davits and documents in several instances in AND OFFICES.

support of alleged malpractice; but the evi. The Council also addressed the Lords Com-dence in which was deemed insufficient to missioners of ber Majesty's Treasury, stating support an application to the Court. that the alterations effected by the Common They have also instituted inquiries into many Law Procedure Act, 1852, were, as the Coun- cases of alleged encroachment on the practice cil respectfully submitted, intended to relieve of solicitors by unqualified persons, who appear the suitors from a large part of the expense in County Court business and in conveyancing previously incurred in the proceedings in the matters, and have taken such steps as appeared Common Law Court; but representing that necessary. although their Lordships were pleased to re

In one of these cases in Staffordshire the duce the fees on trials at Nisi Prius and to magistrates committed the pretended attorney abolish others, the fees in the various stages for trial on the charge of obtaining money of an action before trial were in several re

under Ise prétences. spects increased, and new fees created. The A. complaint was made by the Middlesex Council, therefore, submitted that more than a magistrates against an attorney, who, without year having elapsed since the new scale of fees any authority, had, by his clerk, intruded his was established, it would be found that the services into a prosecution; in order to obtain amount of such fees was greater than neces. the costs of instructing counsel and appearing sary for the expenditure. The Council also on the prosecution out of the e county rates. In stated that, on a representation made to several of the Judges of the hardship suffered by 2 A return has recently been made to Par

titres professii* liament of the fees received by the Commor The Council intend, at the proper oppor- Law officers, and it is trusted that some come tunity, to suggest that is. should be allowed siderable relief to the suitors will now bel on each exhibit. id

afforded. ;'*11

SNP 911b. i 14.nldi

Incorporated Law Society-'Annual Report of the Council.

3279 deference to the magistrates, the motion was The Counsel considered it to be their duty made ; but the Court declined granting a rule that this material information should be given nisi to strike the attorney off the Roll, on the to the Court, and they therefore instructed ground that, however objectionable might be counsel to appear on the petition, and to subthe practice complained of, it was tot of such mit that the case having been trice fully heard a character as to merit the severe intervention before the Court of Queen's Bench, and deof the Court. If any other case should occur cided against Mr. Barber, the application, if in which additional circumstances of culpa- there were any new or sufficient grounds, bility or fraud in obtaining actual payment should be again made to that Court; and that from the county treasurer, the Council may the same course should be pursued as on the feel justified in repeating the application, last occasion, when Mr. Roebuck moved for a

A considerable number of complaints against rule calling on this Society to show cause why practitioners have originated with parties who Mr. Barber's certificate should not be renewed. have been defeated in their proceedings by the The Court of Queen’s Bench, who are already attorneys for the opposite side, or, who having familiar with the case upon the former testibeen uosuccessful in their claims, censure mony, can then determine whether the further their own attorneys for the result.

evidence, stated in the petition :) the Master The Council have submitted to the Commis- of the Rolls, is sufficient to entit. Mr. Barber sioners of Inland Revenue several statements to a rehearing. showing that uncertificated attorney's have In nuinerous other cases they have opposed practised in numerous cases before the County the re-admission or renewal of certificates, and Court, and the Solicitor to the Board has in have successfully resisted several applications some of the cases been authorised to prosecute in which the party sought to renew the certifithe offenders for penalties.

cate without giving the usual public notice; a On a writ issued in the Court of Exchequer practice somewhat increasing, and liable to by the plaintiff in person, it appeared that an abuse. In one instance the alleged malpractice agent, formerly an attorney's clerk, obtained was for some time under the consideration of 25$. for issuing and serving a writ, and it was the Judge, and the renewal of the certificate alleged that he was in the habit of attending at has been refused. the Police Courts and transacting business

IX. GENERAL AND LEGAL EDUCATION connected with the cases before the Court; but the Council were unable to obtain satisfactory

AND EXAMINATION. evidence to enable them to proceed further.

The proposed extension of the examination. The Council having been informed that un- of articled clerks to subjects of science and qualified persons, neither solicitors in England literature has been often considered by the or Ireland, nor writers to the signet in Scot. Council, and after several meetings and 'much land or solicitors in the Courts there, have discussion, they have come to the conclusion, been practising in the judicial business of the that it is expedient, previously to the admission House of Lords, they submitted that appeals of candidates on the Roll of Attorneys and Sofrom, and proceedings relating to, the de- licitors, that some examination should take cisions of her Majesty's Courts of Law and place on points of general education, in adEquity of the United Kingdom or the Colonial dition to that now required upon legal attainCourts, should be conducted by duly qualified ments; and they think that such general edupractitioners of the Superior Courts, and the cation should comprise a competent knowledge Council suggested that the remedy for the of English History, Geography, Arithmetic, grievance might be effected by the officers of Bookkeeping, and the Latin and French Lana the House of Lords declining to receive from guages. unqualified persons any papers relating to such

The Council have under their consideration appeals.

several suggestions for carrying this desirable : The Council have received information that object into effect : they are of opinion the ala London attorney had issued a new and re- teration ought not to extend to articled clerks duced scale of agency charges, and solicited now serving under their respective contracts, attorneys in the country to employ him. It but be applicable only to persons who may does not appear that any effectual steps can be propose to be articled after the change has taken to prevent this dishonourable practice; been sanctioned by the Judges, and, if neces. and the person complained of not being a sary, by the Legislature. The regulations for member of the Society, it is not in the power

the efficient operation of the suggested im-e of the Council to interfere,

provement will obviously require much care

and consideration. VIU. RENEWAL OF THE CERTIFICATES OF The Council, in aid of the Examiners, have 1511e ATTORNEYS."11!

inquired into several objections raised againsta Mr. William Henry Barber has presented a the admission of candidates, on the alleged petition to the Master of the Rolls for the re- ground of misconduct during their clerkship, newal of his certificate to enable 'him to prac. or irregular or illegal modes of service; and in tise in Equity. No nowice was taken in that some of these instances both the attorneys and petition that the case had been twice heard their articled clerks have been personally'exbefore the Court of Queen's Bench, and that aminedo! the Court had pronounced judgment upon it. In one of the cases last year a candidate apo

328

Incorporated Law Society- Annual Report of the Council. pealed against the decision of the Examiners ; time should be printed and circulated for the but after two hearings before the three Judges, information and use of the members. During the appeal was dismissed, and the decision of the last 12 months the following Rules and the Examiners confirmed.

Orders have been accordingly printed and sent During the last four Terms 391 candidates to the members of the Society :43 have been examined, of whom 347 were passed, In Chancery these Orders relate, Ist, to the and 44 postponed.

Setting Down of Causes, Proceedings before X. New COURTS OF LAW.

the Equity Judges at Chambers, and the Taxa

tion of Conveyancing Costs; the Payment of In the last Session of Parliament a petition Legacy Duty on Funds in Court; the Recitals was presented to the House of Commons on in drawing up Decrees or Orders ; the Assents behalf of this Society, praying that the House of Parties relating to South Sea and Bank would take into its early consideration the de- Annuities; the Investment of Dividends and fective and insufficient state of the Court rooms Accumulations; Motions for Decrees at the of the Superior Courts of Law and Equity ad- Rolls; Times of Attendance at the Account joining Westminster Hall, with a view to the ant-General's Office; Proceedings at Chamadoption of such measures as might seem meet bers before the Vacation Judge; Appeals befor the erection of new buildings for the accom- fore the Lords Justices; Commissions to modation of the Judges, the Bar, the Suitors Administer Oaths in Chancery; Legacy and and their Solicitors, and generally for the more Succession Duty; Practice at the Judges' convenient administration of Justice.

Chambers; Office opies; Production of DoIt was proposed that the new building cuments; and the Taxation of Costs. should be placed on the borders of the cities 2nd. Proceedings in Lunacy. of London and Westminster, between Lin- 3rd. The Specifications for Patents, and the coln's Inn and the Temple, having the Strand Extension of Time for such Specifications. and Fleet Street, with the Temple, on the 4th. Charitable Trusts, and Proceedings in South, Carey Street and Lincoln's Inn on Chancery and the County Courts. the North, Chancery Lane on the East, and 5th. In Common Law, the Rules issued reClement's Inn and New Inn on the West; and late to the Pleadings in Actions; the Fees at being thus in the centre of the metropolis, it the Assizes ; Setting Down Causes ; Changing would occupy a position greatly to the advan. the Venue : Receiving Money out of Court; tage and convenience of the public in general, County Court Appeals; and County Courts' as well as the Profession.

Registry of Judgments. The proposal further includes the concen- 6th. Privy Council Appeals. tration of all the Law and Equity Offices now XII. GENERAL AFFAIRS OF THE SOCIETY. scattered in various parts of Chancery Lane, Lincoln's Inn, Staple Inn, and other places ;

Number of Members.-From the grant of and to reconstruct them under the same roof, the 1st Charter in 1831 to the year 1847, the and in immediate connection with the several average annual increase of members was 42, Courts to which they respectively belong.

the total number in the latter year being 1371. A deputation from the Council attended the Since that time down to the month of June, Prime Minister and the Chief Commissioner 1853, a decrease took place, on the average, of of Public Works, who acknowledged the ne- rather more than 10 members annually, the cessity of increased accommodation for the number at the Annual General Meeting on the transaction of Legal business, and expressed 21st June, 1853, being 1301. themselves favourably disposed towards the

The reduction of the admission fee, which proposed plan. The means of defraying the took place at the last Annual General Meeting, expense have been submitted to the Chancellor from 15l. to 51., has been productive of great of the Exchequer, and it is anticipated that advantage in regard to the number of Memthere is a sufficient amount of surplus divi- bers. In the previous year, 1852, from the dends and interest accumulated in the Court of time of the Annual Meeting, on June 15th, to Chancery to provide for the purchase of the June 21st, 1853, only 29 town members joined site, and the construction of the proposed edi- the Society, and 5 country members; whilst fice. This fund, which is far beyond any pos- in the like period, since the alteration of the sible claim of the suitors, may fairly and pro- admission fee, the number of new members perly be applied to the carrying out of the has been 200 town and 37 country members. plan. It is true that the fund is charged, in

The financial result is as follows :case of any deficiency in the 'fees, with the

From June, 1852, to June, 1853,-Admispayment of the pensions and compensations sion Fees, 4851. Annual Subscriptions, 631. to the holders of abolished offices; but these

From June, 1853, to June, 1854,--Admisincumbrances are gradually decreasing' in sion Fees, 1,1856. Annual Subscriptions, 4371., amount, and the chance of a deficiency is in being an increase, during 12 months, in the the highest degree improbable.

admission fees of 7001., and in annual sub

scriptions 3741. XI. NEW RULES AND ORDERS. As usual, the Council have been careful that 3 If any member, by mistake, or change of the several Rules and Orders of the Superior residence, has not received a copy, it will be Courts which have been issued from time to supplied on application to the Secretary.

ANNUAL GENERAL MEETING.

Incorporated Law Society - Annual Report of the Council.

329 The Society have to regret the death of 24 the reach of all the members of the Profession, members during the past year, and the retire. who, by enrolling their names, are enabled to ments of 33, and 24 members were excluded qualify their articled clerks for admission to last year for nonpayment of Subscriptions, the library and lectures, and supply them with making together 81. The new members elect. improved means of acquiring legal knowledge ed and qualified are, as before stated, 237, in accordance with the Charter of the Institumaking the present number of members, 1457, tion, (Signed) being the greatest number that has ever existed;

G H KINDERLEY, President. and several additional members have been proposed, who have not yet been elected.

Vacancies in the Council. The members PROCEEDINGS AND RESOLUTIONS AT THE will have observed by the circular convening this meeting, that there are three vacancies in 1. Read the circular convening the meeting, the Council, which have occurred during the and the minutes of the last Annual General past year. They have particularly to regret Meeting. that one of those vacancies has been occasion- 2. Read the Annual Report of the Council. ed by the decease of Mr. Warren, who was RESOLVED, that the Report of the Council elected a member of the Council in the year be received and entered on the minutes; and 1852.

the Report, or such parts of it as the Council The Council have also to regret the retire- shall think fit, be printed for the use of memment of Mr. Amory and Mr. Harrison. Both bers. of these gentlemen were elected members of 3. Read the Auditors' Report of the Acthe Committee of Management under the counts of the Society. Deed of Settlement in the year 1827, and re- RESOLVED,—That the Auditors' Report be elected under the two Charters of Incorpora- approved and signed by the President. tion. Mr. Amory had been invited to the 4. The President having stated the vacancies office of President of the Society, but his state in the Council and Auditors, of health did not enable him to undertake its RESOLVED,- That Benjamin Austen, Keith onerous duties. Mr. Harrison was elected Barnes, John Coverdale, James Leman, Wil. President for the year 1850-51. The Society liam Henry Palmer, Edward Rowland Pickerhas been long indebted to both these gentle-ing, John James Joseph Sudlow, William men for the advantages derived from their Williams, and John Young, be and they are great experience and sound judgment. hereby deemed and declared to be elected

The Library now consists of 11,468 volumes, members of the Council, in lieu of those who comprising an increase of 330 during the year. go out of office by rotation.

The members continue to avail themselves That William Stephens be and is hereby of this extensive collection, and nearly 200 ar- deemed and declared to be elected a member ticled clerks of members, as annual sub- of the Council in lieu of Augustus Warren, scribers, have also resorted thereto.

deceased. The Lecturers of the past year were Mr. That Bartle John Laurie Frere be and he is John Wilson on Conveyancing, Mr. Archer hereby deemed and declared to be elected a Shee on Equity and Bankruptcy, and Mr. member of the Council in lieu of Richard HarGarth on Common Law and "Criminal Law.rison, resigned. The latter gentleman has completed his course That Alfred Bell be and he is hereby deem. of two years, and the vacancy will be supplied ed and declared to be elected a member of the in the course of the ensuing month. Besides Council in lieu of Samuel Amory, resigned. the members of the Society, the number of That John James Joseph Sudlow be and he articled clerks and other subscribers, who at- is hereby deemed and declared to be elected tended the several courses of lectures was 206. President of the Society.

The State of the Funds of the Society will That Keith Barnes be and is hereby deemed appear in the Auditors' Report, copies of and declared to be elected Vice-President of the which have been laid in the Secretary's Office, Society. according to the Bye Law, for the inspection That Edwin Ward Scadding, John Marmaof the members.

duke Teesdale, and Richard Minshull Jones, The Council would still exhort the members be and they are hereby deemed and declared to to continue their exertions in promoting the be elected Auditors of the Accounts of the extension and welfare of the Society, both in Society. town and country. At a period when the 5. It was proposed by the Council, moved, changes in the law accomplished or projected seconded, and are so numerous and important, the interests Resolved,-That the 65th Bye Law, reof the Profession, and of the Public, seem lating to the exclusion of members for mismore than ever to require that a Society ac- conduct be repealed, and that the following tively engaged in watching and examining the Bye Law be substituted in lieu thereof:measures which are to work alterations in the If any member shall, in the opinion of the constitution of the country and the general ad- Council, be guilty of any act which renders ministration of the Law, should receive the him unfit to remain a member of the Society; most strenuous support. The numerous ad- or if a requisition in writing, signed by three vantages of the Society are now placed within or more members of the Society, not being

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330 London Commissioners in Chancery.- Professional Lists.-Notes of the Week. .215

InOI1330T": members of the Council, shall be presented COUNTRY COMMISSIONERS TO ADMINISTER to the Council, stating ground of complaint

OATHS IN CHANCERY. against a member of the Society, a copy of the Appointed under the 16 & 17 Vict. c. 78, with resolution of the Council on the subject, or a

dates when gazetted. copy of the requisition, as the case may be, Barrett, Charles Prentice, Eton. Aug. 11. shall be sent to such member; and at least 10 Bluett, John Courtney, Douglas, Isle of Man. days' notice shall at the same time be given to Heineman, George, York. Aug. 15. him of a meeting of the Council fixed for the Hobbs, James George, Bristol. Aug. 8. consideration of the subject, at which meeting Sheppard, George, Otley. Aug. 15. such member shall be heard, if he think pro- Stephen, John Clowes, Douglas, Isle of Man. per, thereon. And, in case the Council shall

Sweet, Henry, Taunton. Aug. I. thereupon be of opinion that such member ought to be excluded from the Society, they DISSOLUTIONS OF PROFESSIONAL PARTshall report their opinion thereon to a General

NERSHIPS. or Special General Meeting of the Society: From 25th July to 18th August, 1854,

both and they shall, in the notice convening such meeting, state the fact of a resolution of the

inclusive, with dates when gazetted. Council having been come to on the subject, Statham, 41, Lord Street, Liverpool, attorneys

Curry, Philip Finch, and Henry Heathcote or a requisition presented, as the case may be ; and solicitors. Aug. 4. and such member shall be liable by the order and resolution of such meeting of the Society Barlee, Bungay, attorneys and solicitors.

Hartcup, William and Edward Hobart to be excluded from the Society, and immedi

Aug. 18. ately thereupon he shall cease to be a member thereof. But no order shall be made at any NOTES OF THE WEES, such Meeting of the Society for the exclusion of any member of the Society unless 50 mem

STATUTE LAWS' COMMISSION. bers at least shall be present at the time apo pointed for the chair to be taken at such meet- ters Patent to be passed under the Great Seal

The Queen has been pleased to direct Leting, or within half an hour afterwards.” 6. It was moved by Mr. Lyon, seconded by Lord Cranworth, Lord High Chancellor; the

for appointing the Right Hon. Robert Monsey, Mr. J. B. Kelly, and Resolved,—That the cordial thanks of the the Right Hon. Henry, Lord Brougham and

Right Hon. John Singleton, Lord Lyndhurst; meeting be presented to the President in par. Vaux; the Right Hon. John, Lord Wrottesticular, and to the Council in general, for their able and successful exertions in opposing the Chief Justice of the Court of Queen's Bench;

ley; the Right Hon. John Lord Campbell, South Sea Company and the Executor and the Right Hon. Sir John Jervis, Knight, Chie! Trustee Bills. 7. It was moved by Mr. Sudlow, seconded Right Hon. Sir Frederick Jonathan Pollock,

Justice of the Court of Common Pleas; tae by Mr. Nicol, and

Resolved,That the cordial thanks of the Knight, Chief Baron of the Court of Exche Society be presented to Mr. Kinderley, the quer; the Right Hon. Sir James Park, President, for his able conduct in the chair, Knight, one of the Barons of the Court of and for the great attention, zeal

, and ability he Exchequer; James Moncrieff, Esq., her Ma. has bestowed during his year of office, as well jesty's Advocate for Scotland; the Right Hop. in behalf of the best interests of the Society as

Spencer Horatio Walpole; the Right Hon. of the Profession in general.

Joseph Napier; Sir William Page Wood, (Signed) G. H. KinderLEY, President. Knight, a Vice-Chancellor ; Sir Alexander 1st August, 1854.

James Edmund Cockburn, Knight, her Ma

jesty's Attorney-General ; Sir Richard Bethell, LONDON COMMISSIONERS TO AD- Knight, her Majesty's Solicitor-General; the MINISTER OATHS IN CHANCERY. Right Hon. Abraham Brewster, her Majesty's

Attorney-General for Ireland; William Keogh, Alfred Bell, 59, Lincoln's Inn Fields.

Esq., her Majesty's Solicitor-General for IreThomas Neale Doughty, 15, Middle Queen's land : Robert Handyside, Esq., her Majesty's Buildings, Brompton.

Solicitor-General for Scotland ; and Henry George Thomas Ellison, 1, Lincoln's Inn Bellenden Ker, Esq., Barrister-at-Law, to be Fields.

her Majesty's Commissioners for the purpose of Bartle John Laurie Frere, 6, New Square, consolidating the Statute Laws of the Realm. Lincoln's Ino. in my

From the London Gazette of 18th August. Randall Glynes, 8, Crescent, America Square. William Leman, 51, Lincoln's Inn Fields.

NEW MEMBERS OF PARLIAMENT.

The Hón. Arthur Gordon, 'for Beverley, de PROFESSIONAL LISTS.

the room of the Hon. Francis Charles Lawley,

who has accepted the office of Stetyard of her PERPETUAL COMMISSIONER.

Majesty's manor of Northstead... 11 Appointed under the Fines and Recoveries' Act,

John Steel, Esq., for Cockermouth, in the with date when gazetted. Bayly, Charles, Torquay, in and for the room of Henry Aglionby Aglionby, Esq., de

ceased. county of Devon. Aug. 15.

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