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Review : Humphreys' Manual of Civil La

217 the laws as might enable him to act as an ad. Lords, the comitia 13: nbled our House of vocate; and this laborious duty was performed Commons; the names triata, Centuriato, and for sereral ages without any other compensa- Tributa, indicating the saccessive changes in tion than the celebrity and influence attendant its constitution : the first, implying that the upon success. Even the Roman poets-not. members were qualitied by birth only; the sewithstanding the natural antipathy ihat may be cond by property; and the third-as the desupposed to exist between poetry and law- mocratic element in the state prevailed-sigmake many allusions to law, and were fre- nifying that residence was the only qualification. quently, particularly in the case of Ovid, dis- ! The laws passed in the two first have not been tinguished for their legal learning: in every recorded with any certainty, and were most Roman Author, in fact, many presages occur, probably borrowed from the neighbouring which would be unintelligible if we had not nations. the Roman laws to guide us to their meaning, “ The Senatus consulta and Decreta, which and of which many persons, unacquainted with at first consisted merely of orders issued to those laws, entertain very erroneous ideas.” military commanders and other public officers,

and ordinances intended to meet particular If the knowledge of this subject be use. ful to the general scholar, the learned exigencies, and were rather of an administra

live than a legislative character, began to be Author observes, it must be still more im- regarded as laws towards the close of the Reportant and valuable to all who are prepar- publican era; and, during the earlier ages of ing themselves for the legal Profession. the Empire, as long as the senate retained any

The sources from which the Civil Law is influence, made large additions to the rapidly deduced are then stated, and from this part increasing body of Roman law. of the work we deem it useful to make the

“Of the Twelve Tables, which exhibited the following extracts :

first attempt on the part of the Romans to con

struct a regular system of national and im“The Lages Regiæ were those enactments partial laws, it is necessary to treat more fully. which originated with the Roman kings, and in the year of the city 292, C. Terentellus, a were enacted or passed in the Comitia Curiata, tribune of the plebs, propounded a law for dethe original public assembly, and, after the fining the powers of the consuls, which was as reform introduced by Servius Tullius, in the strenuously opposed by the patricians as it was Comitia Centuriala. Between these two as- advocated by the democratic party. The consemblies the difference was simply this; that test on the subject of this lex Terentilla having none could act as members of the Curiata continued for eight years with considerable who were not also members of the patrician excitement, it was also resolved, Hermodoro gentes, which were subdivisions of the Curie, auctore, at the suggestion of Hermodorus an and enjoyed a monopoly of all political power, Ephesian refugee then residing in Rome, that reserving to themselves the exclusive privileges measures should be adopted for preparing a of making laws and holding magistracies, and code of written laws; and, accordingly, three keeping themselves isolated from the plebs by commissioners were sent to Athens, to obtain forbidding intermarriage: these privileges are information respecting the laws of Solon and known as the jus suffragii, jus honorum, and other Greek legislators; and on their return jus connubii. The plebs, on the contrary, en- the decemviri, appointed for the purpose, with joyed only those rights which were common to the assistance of Hermodorus, prepared a dia hoth orders, those of holding and purchasing gest of the laws and forensic usages theretofore all property, except the ager publicus (land an- existing among the Romans, modified and imDexed by conquest); and these common pri- proved by the addition of everything worthy of vileges, called the jura manús et commercii

, adoption or suited to the circumstances, in the constituted the jus Quiritium. It will appear foreign laws which are believed to have been from this, that the necessary qualifications for collected not only in the cities of Greece, but the Comitia Curiata was birth; for which also among the Greek towns of Southern Servius Tullius substituted a property qualifi. Italy. The services of Hermodorus were recation, entitling all who possessed it to seats in warded by a statue erected in the Comitium. a newly constructed council, called, from the To this account of the Twelve Tables objecsystem of election or representation adopted tions have been made by some distinguished by him, the Comitia Centuriata.

authors. Professor Vico of Naples first called "The Plebiscita were the laws passed in the in question the truth of the account given by Comitia Tributa, an assembly established A.U.c. Livy and Dionysius of Halicarnassus; and his 283, and for which the sole qualification was example has been followed by many others, inresidence in a certain district. From these cluding the historian Gibbon. The objections Comitia the patricians were altogether excluded, are, that the appointment of the commission is and the laws emanating from them were con- nowhere direcily mentioned by Cicero; and that, sidered binding upon the plebs only, until, by from whatever sources the Twelve Tables may the-enactment of the lex Hortensia, in A. U. c. have been compiled, they could not have sur286, they were received as obligatory upon the vived the destruction of Roine by the Gauls. whole community.

To this it may be replied, that Cicero may not " It appears, then, that while the Senate was have had occasion to make any direct allusion exclusively aristocratic, like our House of to the commission ; that it is everywhere al.

218

:

MAINTENANCE OF LUNATICS.

Review : Humphreys' Manual of Civil Law. - New Orders in Lunacy. luded to as a generally recognised fact by the and income of every lunatic, and with the Roman writers; and that, although the state- scheme approred and the allowance made ments of Livy and Dionysius relating to cer- for his mainteuance. tain occurrences have been impugned, those statements refer to the very early periods of

II. That the medical visitors of lunatics Roman history, which, like the earliest periods do on each occasion of visiting any lunatic, of all other histories, are confessedly legend- inquire and examine whether such lunatic ary and fabulous. It may be said, therefore, is maintained in a suitable and proper manthat, both sides of the question being imparti- ner, having regard to the then existing ally considered, the fact of the commission amount of the allowance ordered to be paid, may be regarded as established upon very suf- and the then existing scheme approved of ficient evidence. Again, even granting that for the maintenance of such lunatic; and the Twelve Tables perished in the general ruin also, whether having regard to the then of the city, it would be absurd to suppose that, fortune and income of such lunatic, it apof the numbers of intelligent men who have made those laws their study, there were not pears expedient that any and what addition several who could transcribe them correctly.

should be made to his comforts, or any and “The matters of which the laws of the what alterations should be made in the Twelve Tables treated were : the rights, privi- scheme for or manner of his maintenance. leges, and exemptions of Roman citizens ; the III. That if the said visitors shall on power of creditors over debtors; trials involv- such inquiry and examination consider that ing rank, liberty, and life; the regulations of the lunatic is not maintained in such suitinheritances, guardianships, and ownership; able and proper manner as is aforesaid ; or penalties for various offences; the rates of money, with some sumptuary and other enact- that the allowance provided for his mainments; and all these ordinances were regarded tenance is not duly applied ; or that any as the basis of Roman jurisprudence until the provision in the scheme for his maintenance, compilation of the Theodosian Code,” either for his personal comfort or enjoy

ment or otherwise, is not duly observed ; NEW ORDERS IN LUNACY.

or that any addition to the comforts, or any
alteration in the manner of the mainten-

ance of the lunatic should be made, which
12th January, 1855. his then fortune or income is capable of
I, ROBERT MONSEY, Baron Cranworth, providing, they shall forthwith make a
Lord High Chancellor of Great Britain, in- special report, stating such their opinion,
trusted, by virtue of her Majesty the and the grounds thereof to the board of
Queen's Sign Manual, with the care and visitors.
commitment of the custody of the persons IV. That the board of visitors shall pro-
and estates of persons found idiot, lunatic, ceed to consider such report of the medical
or of unsound mind, do with the advice visitors at their next meeting, and shall if
and assistance of the Right Honourable Sir they think fit refer the same to the Mas-
James Lewis Knight Bruce, and the Right ters in Lunacy, to take such other steps
Honourable Sir George James Turner, the thereon as may appear to them to be ex-
Lords Justices of the Court of Appeal in pedient.
Chancery, also being intrusted as aforesaid, V. That the Masters in Lunacy shall on
and by virtue and in exercise of the powers any such report as aforesaid being referred
or authorities in this behalf vested in me by to them by the board of visitors proceed to
the Lunacy Regulation Act, 1853, and of investigate the matters thereby reported
every other power or authority in anywise upon, and may if they deem it expedient,
enabling me in this behalf, order as fol- summon the committee of the person or
lows :-

estate to attend before them to give explaI. That the Masters in Lunacy do from nations thereon ; and the said Masters time to time furnish the visitors of lunatics, shall then make such report, if any, on the with abstracts of their reports as to the said matters to the Lord Chancellor as the fortune, income, and maintenance of each said Masters may deem proper. lunatic, and of the orders confirming such VI. That the medical visitors do in the reports, and inform the said visitors of any annual report made by them to the Lord increase which may have accrued in the Chancellor in the case of each lunatic, purfortune of, and of any change which may suant to the Lunacy Regulation Act, state have been made in the allowance or scheme the result of the examination and inquiry for the maintenance of any lunatic, so that as to the maintenance of each lunatic to be at all times the said visitors may be fully made by them pursuant to the foregoing acquainted with the amount of the fortune order, and do also in any case in which

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Order dppointing Examiners.-Common Law Courts.-Incorporated Law Society. 219 they shall have made any special report to aminers shall conduct the examination of the board of visitors pursuant to the above every such applicant, as aforesaid, in the order, state so far as they may be able what manner and to the extent pointed out by steps have been taken in consequence of the said Order of the 13th day of January, such special report.

1814, and the regulations approved by his CRANWORTH, C.

lordship in reference thereto, and in no other J. L. Knight Bruce, L.J. manner and to no further extent. G. J. TURNER, L.J.

(Signed) John Romilly, M. R. [We are glad to publish these just, humane, and excellent provisions for the comfort of the

COMMON LAW COURTS. unfortunate persons to whom they relate, and shall have some remarks to make on them in APPOINTMENT OF EXAMINERS. our next Number.-Ed. L. 0.]

Hilary Term, 1855.

It is ordered that the several Masters for ORDER OF THE MASTER OF THE the time being of the Courts of Queen's ROLLS APPOINTING EXAMINERS. Bench, Common Pleas, and Exchequer re

spectively, together with Benjamin Austen, 10th January, 1855. Edward Savage Bailey, Alfred Bell, William Whereas by an Order made by the Loxham Farrer, Bartle John Laurie Frere, Right Honourable the Master of the Rolls, John Swarbreck Gregory, George Herbert on the 13th day of January, 1844, it was Kinderley, Germain Lavie, Joseph May

, amongst other things ordered, that every nard, Edward Rowland Pickering, Charles person who has not previously been ad- Ranken, William Stephens, Edward White, mitted an attorney of the Courts of Queen's Edward Archer Wilde, William Williams, Bench, Common Pleas, and Exchequer, or and John Young, Gentlemen, Attorneys-atone of them, should, before he be admitted Law, be, and the same are hereby appointed, to take the oath required by the Statute 6 Examiners for the present year to examine & 7 Vict. c. 73, to be taken by persons ap

all such persons as shall desire to be adplying to act as solicitors of the High Court mitted attorneys of all or either of the said of Chancery, undergo an examination touch- Courts, and that any five of the said Esing the fitness and capacity to act as a so- aminers (one of them being one of the said licitor of the said Court of Chancery; and Masters) shall be competent to conduct the that 12 solicitors of the same Court, to be said examination, in pursuance of, and subappointed by the Master of the Rolls in ject to, the provisions of the Rule of all the each year, be Examiners for the purpose of Courts made in this behalf in Hilary Term, examining and inquiring touching the fit

1853.
(Signed)

CAMPBELL.
ness and capacity of any such applicant for
admission as a solicitor; and that any five

JOHN JERVIS. of the said Examiners shall be competent to

FRED. POLLOCK. conduct the examination of such applicant : Now, in furtherance of the said Order,

INCORPORATED LAW SOCIETY. the Right Honourable the Master of the Rolls is hereby pleased to order and appoint

NOTICE TO CANDIDATES FOR EXAMINATION. that Benjamin Austen, Alfred Bell, William

The Candidates will be admitted into the Loxham Farrer, Bartle John Laurie Frere, Hall until 10 A.m. on the day appointed for John Swarbreck Gregory, George Herbert the Examination. Kinderley, Germain Lavie, Joseph May- Information as to the result of the examinanard, Edward Rowland Pickering, Charles tion will be given in the clerks' office, to which Ranken, William Stephens, and John there is a separate entrance from Chancery Young, solicitors, be Examiners until the Lane, at and after four o'clock on the day after 31st December, 1855, to examine every per, the Examination, and no inquiries can be anson (not having been previously admitted

swered till then. an attorney of the Courts of Queen's Bench, Common Pleas, and Exchequer, or one of

The Library will be reserved for the sole use them), who shall apply to be admitted a of Members of the Society on the day of Exa. solicitor of the said Court of Chancery mination, and will not be open to Subscribers touching his fitness and capacity to act as a on that day. solicitor of the said Court. And the Master The Candidates cannot remain in the vesti. of the Rolls doth direct that the said Ex- bule or passages of the Hall after they have

220

Incorporated Law Society.-Law of Attorneys and Solicitors.

NOTICE TO MEMBERS.

left the Hall on delivering in their papers; and Pendleton, for the sum of 3001. The instrict orders have been given to exclude all terest was irregularly paid, and the prostrangers.

perty was not more than a security for the principal annount charged. In the month

of October, 1852, the mortgagor employed The Hall, being occupied for the purposes Messrs. Stockley and Thompson, as his of the Examination, will be closed to the Mem- solicitors, to pay off the mortgage. They bers on the day of Examination until six applied to the mortgagee and his solicitor, o'clock, when it will be re-opened.

Mr. Barrow, who expressed Mr. Pendleton's The newspapers, Parliamentary papers, and

willingness to be paid off. The aceount

was rendered, and the bill of costs of Mr. notices will be placed in the Library, which will be open for the use of the Members until livered at the same time, and which

Barrow, the mortgagee's solicitor, was desix o'clock p.M.

amounted to the sum of 231. 78. 7d. The Some inconvenience occurred at the Exami- bill, and referred it to taxation, the result

mortgagor's solicitor took exceptions to this nation in last Michaelmas Term, in conse- of which was, that more than one-sixth of quence of a crowd of persons coming into the it was taxed off. When the amount due outer ball of the Society during the Examina- on the bill had been ascertained by tartion, and also on the following day. The Can-ation, and in November, 1952, the solicitor didates are admitted between half-past nine of the mortgagor wrote to Mr. Barrow, and and ten o'clock, when the Hall door is proposed then to pay the amount due for closed. The answers to the questions are principal and interest and the costs so not received till one o'clock, but may

taxed. be

On the 18th of November, Mr. brought up from that time till four o'clock.

Barrow wrote a letter, as follows:-* Re There is Other business of the Society to be receive the costs herein, when you may

Abram. I shall be ready at any time to transacted during the day, and the Members of the Society are constantly resorting to the ther iu respect of this person, I am sorry,

please to pay them. is to anything furLibrary, especially as they are excluded from that owing to his own improper course of the Hall during the Exainination. It is, there- conduct, I do not feel at liberty to say any. fore, inconvenient that a crowd of persons thing on behalf of the mortgagee to you. should assemble and remain in the outer hall, The mortgagee, in the same month, refused through which the Members have to pass to to receive his principal and interest, which the Library.

were offered to him, and the result was, that The above regulations have, therefore, been notice of an assignment of the equity of remade. On the occasion referred to, there must

demption to the petitioner and of an inten

tion to pay off the mortgage, was served have been many persons who had no right to enter or remain in the outer hall and passages ; 1852, which notice espired on the 28th

on the petitioner on the 28th December, and the throng at the entrance was calculated June, 1853. On then applying to pay off to excite the curiosity of the idle, and perhaps the mortgage, a fresh bill for 201. was deto induce less harmless persons to join it. It livered by Mr. Barrow, the mortgagee's is useless for the Candidates to remain after solicitor, which was proposed to be paid they have delivered in their papers, because under protest. Mr. Barrow refused so to the Examiners cannot finish their labour's till receive it, and offered to take the principal the next day; and four o'clock has been fixed and interest due on the mortgage, and to to enable the Candidates to communicate with

retain the deeds until the amount on the their friends in the country by the post of that

bill could be ascertained and settled. This

was refused, and ultimately the bill was evening.

paid on June 30, 1853, the protest having

been withdrawn, and immediately after, Mr. LAW OF ATTORNEYS AND

Barrow was informed that it would be SOLICITORS.

taxed, and the petition for that purpose was presented within a few weeks.

a

The Master of the Rolls said :-FRAUDULENT ITEMS. It appeared that in the Month of De- bill, amounting to the sum of 202. after pay

“ This is an application to tax a solicitor's cember, 1846, Henry Abram, “a pavior at

ment. It requires a very special case to inLiverpool, mortgaged two houses to John duce the Court to make such an order. The

TAXATION OF BILL OF COSTS AFTER PAY

MENT.

Law of Attorneys and Solicitors.

221 cases are very numerous on the subject, and it authority and proceedings. The rights so inmay be said, that they lay down as the rule, terfered with were these :-Mr. Pendleton had that there must be pressure on the person been paid his full interest due up to the last paying, and overcharges in the bill, or else day of payment; there was no arrear, and nothat there should be items in the bill itself, of thing was due to him in respect of interest. such a nature as to amount to what is some- : At that time, also, it is but reasonable to supwhat vaguely called fraud.

pose, he intended to refuse, as he did a few There was, in my opinion, sufficient time to weeks afterwards actually refuse, to receive ascertain and consider the objections to the the principal and interest due to him; he had bill before it was paid. In fact, the bill is not thought proper to give notice to the tenants to only a short one, but it is evident that the pay their rents to him, and he had, against the whole of the objections to the bill were well wish and in spite of the opposition of the mortunderstood before the bill was paid. Nor gagor, received 10s. 5d. from one of the tenants, does there, in my opinion, exist, in this case, on the 18th of October, and 101. 10s. on the what can properly be called pressure. In 19th or 20th of that month, although, as I coming, therefore, to the conclusion which I repeat, nothing was due for interest at that have arrived at, that it is my duty to make an time; all this being after the letter of the 13th order for taxation, I have done so mainly upon of October, informing Mr. Barrow that his bill consideration of the items contained in this bill, would be taxed. Mr. Abram, the mortgagor, connected, as they are, with the other circum- resists this proceeding with the tenants, and stances of the case. I think it desirable to state distrains on the tenants. this distinctly, in order that if, as is probable, “ This is the account given of this transacthis case should go further, the grounds on tion by Mr. Barrow :-*On the 18th of Ocwhich I proceed may be clearly understood, and tober í had, against the opposition of Henry that I may not be supposed to be infringing Abram, received from the tenant 10s. 5d. for on the rule I have hitherto followed, with re- rent, being the first sum of any kind I relation to taxation after payment. The items ceived on account of the said interest; and on which have principally influenced me are items the 30th of the same month, Abram distrained to this effect :

on the said tenant for the said rent so paid by “. To taking instructions, &c., to file a bill him, and notwithstanding the threats and reof foreclosure.', [His Honour stated the items, monstrances of the tenant, he enforced paywhich amounted io 101. 14s. 8d.]

ment of the said rent, as he also, in like “In order to form a just opinion respecting manner, did on two subsequent occasions, the costs so incurred, it is necessary to recur namely, in the months of November and to the situation of the parties, during the time December following, though the mortgagee when this bill of foreclosure must have been was still in the receipt of the rents. He conprepared. In October, 1852, the mortgagee, tinues,—“In consequence of the said distress Mr. Pendleton, under the advice of Mr. by Abram, on the 30th of October, I at once Barrow, was willing to receive his principal, submitted instructions to counsel to prepare interest, and cosis; the payment is delayed by a bill or other proceedings in Chancery, as the taxation of Mr. Barrow's first bill; at this circumstances might justify, in order to entime there was no arrear of interest due to the force and protect the rights of the mortgagee.' mortgagee; on the contrary, the mortgagee “ It is not alleged that these costs were inhad distrained and received a sum in advance, curred because the mortgagee thought that his beyond the interest due. The evidence con- mortgage-money was in peril, nor if so alleged vinces me that he and his solicitor not only could it be true, consistently with the facts adhad reason to believe, but that they did be- mitted, to which I have already adverted. On lieve, that the money was ready to pay him off. the contrary, Mr. Pendleton, in his second afThe date of the preparation of the bill of fore- fidavit, says,— That on the second proposal closure is not given in the bill of costs more to pay off the mortgage without notice being precisely than Michaelmas, 1852,' but the made to me, I did not, for various reasons, items occur in the bill between the 2nd and feel disposed to receive the same, mainly in the 18th of November, 1852 ; and the affi davit consequence of the said Henry Abrams misof Mr Barrow says, that instructions were given conduct in resisting my powers as mortgagee, at once, in consequence of Mr. Abram's con- as already stated, and for other reasons conduct in distraining on the 30th of October. nected with the said Henry Abram ; and acIt was therefore pending these transactions, cordingly my solicitor wrote to Messrs. Stockley certainly after the order to tax the first bill and Thompson, in answer to their letter, that was obtained, and probably during its taxation, owing to the misconduct of Henry Abram, my that instructions are given to prepare a bill of solicitor was not at liberty to say anything on foreclosure, which was never filed, and which my behalf relating to Abram.' I cannot ascertain that it was intended to file, “ These are certainly not sufficient reasons and an expense of half the bill, between 101. to justify the taking of such a step as the preand ill. is incurred in so doing.

paration of the bill of foreclosure, and I am “The reasons given in the affidavits for this compelled reluctantly to come to the concluproceeding are wholly unsatisfactory. They sion, that an ingredient in the incurring of are, that the mortgagor was interfering with these costs was a desire to prove to the mortthe rights of the mortgagee, and opposing his gagor what a foolish and inexpedient proceed

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