Inns of Court and Chancery. In the year 1836-7 1843-4 165 242 1837-8 240 1838-9 229 1839-40 205 1840-1 181 1841-2 155 other in his place which is a virtuous man and learned." And in 1632, a Rule was made by the Court of King's Bench that "None hereafter shall be admitted to be an Attorney of this Court unless he have served a Clerk or Attorney of this Court by the space of six years at the least, or such as for their education and study in the Law shall be approved of by the Justices of this Court to be of good suffi ciency, and every of them admitted of one of the Inns of Court or Chancery." In 1654 there was another Rule "That all Officers and Attorneys of the Court be admitted of some Inn of Court or Chancery, by the beginning of Hilary Term next, or in the same Term wherein they are admitted Officers or Attorneys; and be in Commons one week in every Term, and take Chambers there, or in case that cannot be conveniently, yet to take Chambers or Dwellings in some convenient place, and leave notice with the Butler where their Chambers or Habitations are, under pain of being put out of the Roll of Attorneys." It appears that at an early period the Body was an important Body, so important that the Legislature and the Judges considered it necessary to make very stringent regulations in reference to their qualifications. I have collected this informa(Mr. Cookson.) I may be permitted to state tion from a work, published in 1839, by Mr. that those who have taken the Degree of Maugham the Secretary to our Society, entitled Bachelor of Arts at one of the Universities "A Complete Collection of the Statutes and are entitled to admission after a service of three Rules and Orders of Court relating to Attor-years' clerkship. I have in several instances, neys, Solicitors, and Agents, from the earliest where friends of mine have consulted me about to the present time." their sons, recommended that they should 1573. Do not you think that Attorneys now graduate at one of the Universities before are a much better educated body of men than being articled, and as Examiner, I have had they were formerly?-I have no doubt that an opportunity of seeing how B. A.'s come there are in our Profession much better edu-out of our Examination, and the result has cated men than there were 230 years ago. 1574. A compulsory attendance on the Lectures would scarcely be applicable to your branch of the Profession, on account of many young men residing in the country?—Yes; I have known many instances of young men coming up merely to be examined and admitted. 1576. (To Mr. Barnes.) In your judgment, has this system of the compulsory examination of the Students of your branch of the Profession been beneficial to the Legal character of those engaged in that branch?-Certainly. 1577. You do not believe that any serious diminution in the number of Applicants has taken place in consequence of your compelling them to undergo this Examination?—I do not. been very satisfactory. Some of the best Examinations have been of men who have taken the Degree of B. A., and applied to be examined at the end of three years, so that they had done more in three years than others had done in five. 1578. (To Mr. Barnes.) What is your view of the advantage of a preliminary Examination 1575. Would it be possible for you to give before admitting Students to be articled ?—I the Commissioners an approximation to the am decidedly in favour of it. Some difficulties proportion of Students who can and do attend would attend the practical working of it, but I the Lectures, as compared with the number think that they can be obviated. I may add, who go in for Examination without attending that many Members of the Council of our Law the Lectures?—I have stated the average num- Society who, ex officio, are appointed Examinber of Attorneys annually admitted from 1837 ers under the present system, are desirous that to 1852 inclusive to be about 391. The fol- the merits of the several Candidates who dislowing table shows the number of Articled tinguish themselves in the Examination should Clerks who have attended the Lectures from be tested and recognized by marks of honour, the commencement in 1833 to the end of the as for instance, a Medal for the most successSession 1853-4. The average number is 205, ful, and an Alphabetical Class for those who and it is to be borne in mind that of the num- distinguish themselves above the ordinary run bers annually admitted on the Roll of Attor- of others, who may yet be entitled to the Cerneys about seven-tenths have served their tificate of fitness. An impression prevails Clerkships in the country, and a great many amongst some of the Examiners that the Judges of those come up to town to be examined and might not approve of it, but in the present day admitted, and have no opportunity of attend- I rather anticipate the contrary. ing the Lectures. 1583. Have your Examinations a view to the practical part of a Solicitor's business, or are they generally theoretical or scientific Exami cal and scientific acquaintance with the Law?— Their object is to ascertain that the candidates are qualified to practise as Solicitors; therefore, to a great extent the Examinations are practical. 1580. Comparing the advantages of a com- licitor is quite sufficiently distinct to constitute pulsory Examination with those of a voluntary two branches of the Profession. Examination, to which should you give the preference? You are doubtless aware that the system at the Bar is one of a compulsory attendance at Lectures, and a voluntary Examinations in the Law, so as to involve a theoretination?-I should rather reverse that, and make the attendance at Lectures voluntary, but the Examination compulsory. If the admission of a Barrister had no other effect than that of entitling him to practise in Court, it might perhaps be assumed that the Attorneys would find out and employ the best men, who would therefore rise according to their talents, and the incompetent men would fail in obtaining employment; but considering Barristers of a few years' standing have by Statute the monopoly of many honourable and lucrative employments, I think that that alone ought to induce the requirement of a compulsory and strict Examination. 1584. Does it not follow that if you make Solicitors equal to Barristers in point of attainments, the Client will have to pay for a double agency, both very highly skilled men, and of a certain position in society?-If a client has to consult his Solicitor, the circumstances of that Solicitor being a very highly educated man, a well-informed man on the subject of the Law, is really a saving of expense to the Client. He would often be able to give him an opinion which would render it unnecessary for Counsel to be consulted, and where it might be necessary to consult Counsel, a skilful, well-educated Solicitor, a man who thoroughly understands his business, would be able to present the subject more clearly, fully, and satisfactorily to the Barrister. No; a Solicitor, however highly educated, is only permitted to make certain specified charges which the humblest Practitioner is also entitled to make. 1581. You would make the education of an Attorney almost as good as that of a Barrister? -In its way, I would. But I consider that the education required for the one branch of the Profession is to some extent of a different character from that required for the other branch. The Barrister ought to have a profound knowledge of the particular branch of 1585. In all those cases where an application the Law to which he devotes himself, whether to the Court is necessary, that argument does it be Common Law, Equity, or Conveyancing, not answer the question. A well-educated Sowhilst the Attorney should have a general licitor, not being able to go into Court, if you knowledge of the Law as administered in all make him as well educated as a Barrister, it those branches, and of the application of the entails upon the Client the having to pay for Law to the various circumstances in which his the agency of two such highly educated men? advice will be sought by his Clients in the course of his professional practice. The Barrister practising in the Courts of Common Law is not consulted upon a question of Equity or Conveyancing, nor is he expected to be able to give advice upon it; but the Attorney must be prepared to give advice and to transact business in Common Law, Equity, or Conveyancing. The most eminent and successful Barrister will be he who has the greatest number of Clients litigating their cases in Court, whilst the Attorney, who with an extensive practice | 1587. Surely the tendency of such a system gives that advice which prevents his Clients is that instead of simplifying Legal procedure, from going to Law, and so tries or defends you have the interests of two considerable very few actions in Court, as compared with bodies of men to regard, who must be opposed the extent of his practice, will be the safest adviser, and will best perform his duty to his Clients and to society. The two branches of the Profession always have been, and in my opinion ought to remain, distinct. (Mr. Cookson.) There is a great_advantage in having Solicitors highly educated. Among their clients are the most highly educated people in the country, and to be really efficient advisers, they must be on confidential terms with their Clients, and must know a great deal of the private history of families. 1586. It is clear, is it not, that highly skilled men who have been expensively educated, must require a commensurate reward for their services -A Solicitor does not for any specific business get more in consequence of his being highly educated, or of his being a good master of his Profession. to such simplification ?-I think not; I know that solicitors have applied themselves zealously to the simplification of Legal procedure, though the consequence has been that for their services they have not been sufficiently remunerated. I think the changes which have been made in the practice of the Court of Chancery have left Solicitors without adequate remuneration. I consider that there is not sufficient pecuniary advantage to a Solicitor, at present, in being engaged in Chancery suits. I had rather be without them. 1588. Assuming a division of labour to be desirable, you think it would be also desirable that each branch of the labourers should be as expert as possible?—Yes. 1582. You said you thought that the two branches of the Profession were distinct, but do you not instruct your own branch of the Profession in pretty much the same subjects that the Bar is instructed in?-We do; but I 1689. And you think that this species of think the practice of a Barrister and of a So-division of labour is desirable?--Yes. Whether Law of Attorneys and Solicitors.-Strahan, Paul, and Bates's Case. 167 it may be necessary or desirable to have that allowed, if they had been realised in the suit. marked difference in the outset, whether all I take it, however, to be clear that they would might be Solicitors, or all Barristers, is a ques-not, and that the costs would in that case have tion in my mind of secondary importance. I been ordered to be paid by the trustee. believe that if all were at liberty to practise in both branches of the Profession, they would naturally and inevitably separate themselves. Those who were qualified to act as advocates, would go into Court, and would be employed by those not so gifted, who would do more of the work now transacted by Solicitors. "It was said, that the cestuis que trustent have abandoned their lien by the frame of the suit, by which they do not seek to follow their trust money or to adopt the investment, and by their having obtained an order that the trustee should pay the money personally. But all that this amounts to is, that the parties have 1590. Would not that be a much more tried to enforce their remedy against the trustee eligible arrangement for the Client than the personally. Such a proceeding does not opepresent, according to which a Solicitor, how-rate as a destruction of the lien of the cestuis ever gifted, cannot transact the most common que trustent on the security on which the trust matter of business in Court, without calling in money has been invested, if he has been able the aid of a person perhaps less educated than to recover from the trustee personally. himself?-I think if you had but one Profession, it would not be possible for a man to practise exclusively in both branches. He must ventually confine himself to Court or to Chambers. "The case of Groom v. Booth, 1 Drew. 548, has been relied upon on the part of the solici tors. That, however, was not a case in which trust money had been advanced upon a security. The security was given to the trustee 1591. Might it not be done by means of personally as an indemnity, and the Vice-ChanPartnerships, one Partner taking the Court cellor there says, Was this transaction an inbusiness, and the other the Chamber business? vestment of the trust moneys on the security They must both gain enough for a livelihood, of the property in question? I think it was of course, and the practice of the accomplished Advocate would not be confined to the business of his own firm. LAW OF ATTORNEYS AND LIEN ON FUND PAID INTO COURT BY TRUSTEE. not. It was not an investment of the trust money at all.' And in another part of the judgment his Honour says, with reference to the application of the produce of the sale, in paying the costs of a petition in bankruptcy for a realisation of the security, 'Now I do not see how that would be a misappropriation of the money, even if the transaction had been an investment of the trust money on the security of the mortgage; for if it was the necessary and . Ir appeared that one of the trustees legal course of proceeding to apply to the Court under the will of William Francis, com- not be a breach of trust for that Court to order of Bankruptcy to realize the estate, it would mitted a breach of trust, by lending trust the costs to be paid out of the fund. But it moneys to his co-trustee upon a mortgage was simply an indemnity, and it was therefore for a term of years, and in an administration suit he was ordered to pay the money into Court. Part of the mortgaged property was then sold under the power of sale in the mortgage deed, and on the petition of two of the cestui que trustent, the proceeds were paid into Court, subject to an order that they were not to be paid out with out the consent of the purchaser. Messrs. Hichens, the trustee's solicitors, refused to give up the mortgage deeds unless upon payment of their bill of costs. The Lord Justice Turner said, right and just that the costs of the petition cases." STRAHAN, PAUL, & BATES'S CASE. "The question is whether the Court ought We have received copies of the petition to to direct the expenses of sale to be discharged the Queen from Mr. Bates, and of the Jury out of the money so paid in. In order to before whom he was tried, and willingly insert answer this question we must inquire what was the position of the trustee? It was this, he a statement of the grounds on which a pardon held the mortgage, subject to the lien of his is sought of her Majesty. It is not distinctly cestuis que trustent upon it, to the extent of the shown why the alleged facts were not dismisapplied trust fund, and could take no bene- closed at the trial, and we cannot conceive that fit from the security until the lien was satisfied. the exculpation of one partner would have His solicitors could be in no better position than himself. It is said, however, that the thrown additional weight against the others. costs of realising the securities would have been If the allegations in the petition can be suffi 168 Strahan, Paul, and Batse's Case. ciently proved, we trust that pardon will be | moderate and economical scale of establishgranted. Some of the statements regarding ment and expenditure and within the limits of what passed between Mr. Bates and his part-to reside in the Apartments in No. 41, Norfolk the Income so assigned to him, and continued ners, rest of course on his own testimony, but Street, down to the time of the Bankruptcy in the affidavits of Mr. Strahan and Sir J. Paul, June last. "prepared and signed and ready to be sworn in the Court of Bankruptcy, confirm the main facts of his only receiving a salary of 1000l. a year, and having no controul over the affairs of the firm which were wholly conducted by Mr. Strahan and Sir J. Paul. In the year 1852 certain persons named Gandell, applied to the Firm for a sum of £10,000, currence of Mr. Bates being in any manne and obtained the same without the conasked for. Subsequently to the date of such loan, further large sums of money were advanced by his partners to Messieurs Gandell, not most earnest advice and remonstrance, until at only without his sanction but contrary to his length in or about the early part of the year 1854, Messieurs Gandell became indebted to the partners, in the large sum of £100,000 or thereabouts. It appears that in 1820 Mr. Bates entered the Banking House of Messieurs Snow, Paul and Paul, of No. 217, Strand, as a Junior Clerk, and by his good conduct was in or about the year 1837 appointed to the confidential situation of Ledger Clerk, with an annual salary of In or about the month of October, 1853, £400, with the addition of about £120 every nothwithstanding the large debt then owing to year as Christmas money, with the privilege the house by Messieurs Gandell, it came to the also of himself and family occupying the upper knowledge of Mr. Bates that Messieurs Ganportion of a house, No. 41, Norfolk Street, dell were about to apply to his copartners for Strand, the lower portion thereof being used as their acceptances to a very considerable amount. Offices for carrying on the business of Mes- Upon the day appointed for the interview besieurs Halford and Company, Navy Ageuts, tween Messieurs Gandell, Sir John Dean Paul carried on by Snow and Co., Partners. and Mr. Strahan, and prior to such meeting being held Mr. Bates besought Sir John Dean Paul, on no account whatever, to listen to any such proposal, inasmuch as it would prove exceedingly prejudicial to the interests of the house, whereupon Sir John promised Mr. Bates not to give such acceptances. On Mr. Bates's return from the City, whither he had been on the business of the house, he asked Sir John whether he had been firm in his refusal, and Sir John replied, he had gone very fully into the business in the presence of a highly respectable solicitor, and that he was quite satisfied with the transaction, and had promised to accept the bills. Mr. Bates observed, "Well, Sir John, you may date the ruin of the house from the moment those acceptances are given." Such acceptances were accordingly given to the extent of between 30,000l. and 40,000l. On the 31st of December, upon the bank books being balanced according to annual custom, Mr. Bates advised During the whole period of the Copartner-morning, or at all events before the acceptances his partners to close the bank on the following ship he strictly abided by the arrangement upon which he became a Partner, and except in the ordinary routine business of the Bank, never possessed any control whatever over the management of the Banking business, either with respect to the opening of any large or important account for the receipt of money or upon the occasion of any considerable advance of money, his duty in either event being to refer the parties to his Partners or himself to report to them and act upon their instructions. Whilst so acting as Ledger Clerk, he was at Christmas, 1841, upon the retirement of Mr. Robert Snow, one of the then Partners therein, invited to become a Partner in his stead, but upon the distinct understanding that his promotion was not to confer upon him any privilege beyond an increase of his income to £800 per annum, and of being announced to the world as a Partner. Having consented to this proposal, Articles of Copartnership were accordingly prepared and executed on or about Jan. 1, 1842, by the then Members of the Firm, consisting of Mr. William Strahan, the late Sir John Dean Paul, Baronet, the present Sir John Dean Paul, then Mr. Paul, and Mr. Bates. After the execution of the Articles of Copartnership, Mr. Bates continued to remain in the Public Office of the Bank, as before and to discharge the duties of Ledger Clerk, adding thereto the duty of answering, as Partner, such inquiries as were made of him from time to time by the Customers of the Bank. About the year 1847 or 1848 Mr. Bates applied for an increase of his salary from £800 to £1000, which was accordingly consented to, and beyond that he never derived any pecuniary advantage whatever from the Partnership. He states that he has at all times lived on a very became due, rather than attempt to meet them, although at that time there was a very large sum of money in the house. His partners declined to follow such advice, and declared their intention to continue their business, as they saw their way to do so clearly and could rely on the resources they possessed and expected. Mr. Bates then declares he was not in any manner cognizant of, or privy or party to the sale of the bonds belonging to the prosecutor, Dr. 1854, and that he was not informed of it until Griffiths, by Sir John Dean Paul, in March. sometime after it had taken place. that his remaining a member of the firm for Although it may be urged against Mr. Bates one moment after he became acquainted with such fact, was a moral weakness, yet he humbly Strahan, Paul, and Bates's Case.—Professional Lists. 169 hopes that the subordinate and comparatively affairs of the said firm, which were wholly and dependent position which he held, and his solely conducted under the direction and natural reluctance to precipitate the ruin of his authority of this deponent and the said John partners, whilst they had the opportunity of Dean Paul. And this deponent further saith, retrieving the mischief which had been done that various bonds, exchequer bills, and other may not be disregarded. securities, the property of certain customers or He states also that upon the occasion of his clients of the said firm, were either deposited becoming acquainted with the fact of the dis- with, or purchased by, the said firm, under posal of the bonds, Sir John assured him that proper instructions, and remained in the posit was intended to replace them immediately, session of the said firm, without any authority and orders were accordingly forthwith given to sell, negociate, transfer, or pledge the same, for the purchase of other Danish bonds for the but which have, nevertheless, been sold, prosecutor, and subsequently 5000l. of them pledged, or otherwise converted by this depowere so purchased, and every exertion was nent and the said John Dean Paul, or by their made to replace the remainder of them, but directions and authority; and the proceeds they could not then be procured in the market. arising from such sales, pledges, or converIn the early part of May, 1854, in conse- sions, have been applied for the benefit and quence of the serious amount of money then uses of the said firm. And this deponent owing by Messrs. Gandell, and the extremely further saith, that the schedule hereunder unsatisfactory prospect of obtaining payment written, or hereunto annexed, contains, as this thereof, Mr. Bates was directed by his partners deponent verily believes, a true and correct acto relinquish his ordinary duties in the bank, count of all and every bond or other security and to proceed forthwith to Paris, where belonging to such customers or clients of the Messrs. Gandell were residing, and to devote said firm, and which have been so sold, his time and attention exclusively to procure pledged, or otherwise converted by this depopayment of the amount owing by them. nent and the said Sir John Dean Paul, or by their express direction as aforesaid." Mr. Bates accordingly proceeded to Paris for that purpose, but the debtors to Messrs. Gandell there, refused to recognize his authority to deal with them on the ground that he was not a party to the arrangement, he was thereupon obliged to procure powers of attorney from Mr. Strahan and Sir John Dean Paul, authorizing him to act in the matter on their behalf. Mr. Bates remained in Paris on the business during the greater portions of the time from May, 1854 to May, 1855, and during all that period and until his final return to England in May, 1855, he devoted his time and attention almost exclusively in the endeavour to procure a settlement or liquidation of the amount owing by Messrs. Gandell. Whenever, Mr. Bates came to England, it was either by the express order of his Partners, or for the purpose of reporting the result of his exertions in Paris and elsewhere, in relation to the debt of Messieurs Gandell, and consulting with, and taking instructions from, his partners, for his future guidance in respect thereof; and he was almost exclusively occupied in discussing with his partners the exceedingly important matters which had reference to Messieurs Gandell, and in consequence thereof, took no active part in the management of the Bank. A similar affidavit was signed by Sir J. Paul. All the Jury before whom the indictment was tried have signed a petition to her Majesty, stating, That having read and carefully considered the printed petition of the said Robert Makin Bates to your Majesty, a copy of which is hereunto annexed, we firmly believe that, had the contents of such petition been proved at the trial of the said indictment, we should have acquitted the said Robert Makin Bates. That it is a subject of extreme regret to your petitioners that the statements set forth in the said petition were wholly withheld from their consideration. "That notwithstanding such omission, and in order that justice may be done, we humbly pray that the truth of the allegations contained in such petition may be inquired into, and, in the event of their proving correct, that your Majesty will be graciously pleased to accede to the prayer of the said Robert Makin Bates." PROFESSIONAL LISTS. PERPETUAL COMMISSIONERS. Appointed under the Fines and 'Recoveries' Act, with dates when gazetted. Heath, Richard Child, in and for the county Mr. Bates, in conclusion, refers to affidavits which had been prepared and were signed by of Warwick, Nov. 20. the said William Strahan and Sir John Dean Hellard, Charles Bettesworth, Portsmouth, Paul, ready to be sworn in the Court of Bank-in and for the county of Hants. Dec. 7. ruptcy on the 25th June last. That of Mr. OATHS IN CHANCERY. Appointed under the 16 & 17 Vict. c. 78, with Strahan is as follows: "That the said Robert COUNTRY COMMISSIONERS TO ADMINISTER Makin Bates, although a member or partner in the said firm, was not entitled to or interested in the profits of the said bank, he receiving in lieu thereof a fixed salary of 1,000l. per annum, without having any controul over, or right, or power of interference in the management of the dates when Gazetted. Rowe, William, Stratton. Dec. 7. |