Page images


Inns of Court and Chancery.

into their hands; we may well question the committee of gentlemen of their body, who policy of erecting an artificial line of demarca-have not yet reported. If the Commissioners tion between them and the advocates, marked please, I can state the subjects of the suggesenough to depress their social rank, and to de- tions which I made. Among the suggestions ter many young men of good families, who can are some matters in reference to the Commisbest afford to obtain a liberal education, from sioners calling witnesses before them for the entering the most profitable, and, in reality, purpose of obtaining information regarding some of the Inns of Chancery which may be the most important branch of the Profession.' The difficulty in bringing about a union of said no longer formally to exist. The first Inn the two branches of the Legal Profession in I will mention is Furnival's Inn. The ground England will certainly be great. The Bar are rent of Furnival's Inn, which amounts to 500%. most powerful, and will endeavour to maintain a year, is received by Lincoln's Inn, Lincoln's their retention of every honourable and lucra- Inn having granted a lease; and it appears by tive office belonging to the Legal Profession. a sale which has recently taken place of the The splendid prizes which are distributed improved rent of the property, that it is of very amongst its members attract to it the talents of considerable value, upwards of 6,000l. a year. the country; and talents are power. But in I believe the Council of the Law Society will addition to this, they are intimately connected submit to the Commissioners, on the part of with the Peerage, the House of Commons, and their branch of the Profession, that inasmuch the Press-the three most powerful bodies in as Attorneys and Solicitors have been for many years excluded from the Inns of Court, and the kingdom. Numerous members of the Legislature have derive no advantage from their Libraries and some relative a Barrister of seven years' stand-Lectures, the surplus rent which may be deing, waiting for the fall of the fruits of office, and, consequently, personally interested in supporting the monopoly of these good things for the Bar.

rivable from the Inns of Chancery should be applied to the improvement and the education of the Attorneys and Solicitors, and their Articled Clerks.

1459. How would you sever that from any But though the difficulties may be great they are not insurmountable; and, with right other portion of the revenue of Lincoln's Inn? and equity on their side, the claims of the So--It is derived from an Inn of Chancery which licitors are certain of ultimate, though it may was composed entirely of Attorneys and Solinot be very speedy, success. The just cause has triumphed in our country over equal, if not greater difficulties. At this very time, the same powerful influence which supports the Bar in their unjust monoplies, is bending to the voice of reason in the distribution of patronage in the army, the navy, and the public offices.

citors. Originally they paid, I believe, a very small ground rent; and at the time the new buildings were erected, a new lease was granted from Lincoln's Inn, and a larger rent was given. In ancient times the Attorneys and Solicitors belonging to that Inn paid but a

small rent.

1460. They paid a rent, probably, in proIf the more numerous branch of the Profession, therefore, are but true to themselves, portion to the value of the property?-Only a require a higher standard of education for ad-nominal rent, I believe. It is a ground rent, mission to their ranks, and steadily exert that and may be considered to be in trust. influence which they legitimately possess over the public mind, the writer looks forward with confidence to the day when the present unjust division in the Legal Profession will cease, and when the honours and distinctions belonging to the Profession will be open to the talents and merits of every member.

1461. For whom do you consider it was in Trust originally?—If I am right in supposing that the members of the Inns of Chancery are Attorneys, and that they were so formerly, those rents should be applied to the improvement and the education of that branch of the Profession, and not to the Bar, who, I submit, have ample means.

1462. Supposing they had rented it of some INNS OF COURT AND CHANCERY.nobleman at the same rent, ought that noble

man, in your opinion, to have applied it for the EXTRACTS FROM THE MINUTES OF EVIDENCE use of the Attorneys and Solicitors?—If it were


THE following evidence was given on the part of the Incorporated Law Society:

private property, of course not.

1463. Is it at all certain that the original inhabitants or proprietors of those Inns of Chancery were always Attorneys or Solicitors?— Robert Maugham, Esq., Secretary of the Certainly, the members of the existing Inns of Incorporated Law Society, Examined.

Chancery are so.

1464. Are there not many private persons 1458. You desire to make some statement in reference to the Inns of Chancery ?-I saw the who have rooms and Chambers in those Inns? Secretary of the Commission, and made some-Yes; but I speak of members who come into suggestions to him: I have not since that time Commons in the same manner as members of had an opportunity of taking the instructions the Bar in the Inns of Court. of the Council of the Society. They have certain suggestions, which I prepared under their direction, and they have referred them to a

1465. Are there any other Inns from which you consider there is a surplus income?—I do not know that there is any surplus income.

[blocks in formation]

1677, 1684, 1704.-In Trinity Term, 1677, and Michaelmas Term, 1684, the Court of Common Pleas ordered the Attorneys of that Court to be admitted of some Inn of Court or Chancery; and in Michaelmas Term, 1704, the following Rule on that subject was made by the Courts of King's Bench, Common Pleas, and Exchequer :-" It is Ordered, that all Attorneys and Clerks of the said Courts, not already admitted into one of the Inns of Court or Chancery, shall procure themselves to be admitted into one of the said Inns of Court (if those Honourable Societies shall please to admit them), or into one of the Inns of Chancery, before the end of Trinity Term now next ensuing."

There may be leases granted at very low rents,bers there, or in case that cannot be conveniand the profession may obtain something ently, yet to take Chambers or Dwellings in hereafter, when the leases have expired. There some convenient place, and leave Notice with is Thavies Inn, which appears to have been an the Butler where their Chambers or HaInn of Chancery in former times, which is now bitations are, under pain of being put out of the inhabited by various classes of persons. Mr. Roll of Attorneys." Groom, who occupies the house No. 16, is the Treasurer of that property; and I would suggest, whether the Commissioners may think it desirable that he should be asked to give such information as he possesses regarding the rights of the parties for whom he collects the rents. I take it, the Ancients of those several Inns of Chancery held them upon a certain trust, and had no notion that they could make a title to that property, and divide the surplus. The next Inn is Symonds Inn, the ground rents of which are received by the Bishop of Chichester. I have no information of that having a Principal and Ancients, in the manner that other Inns have. It is stated in some of the old books, that though called an Inn of Chancery, it was for Serjeants and Masters in Notwithstanding these Rules and Orders of Chancery. The Masters' offices were there at the Superior Courts of Common Law, the one time, and that might have given occasion Benchers of all the Inns of Court have made for its being so called. Mr. Burder, of Parlia-regulations excluding Attorneys and Articled ment Street, who is Solicitor and secretary to Clerks from being admitted as Members of the Bishop of Chichester, would, if the Com-those Societies. At first the restriction applied missioners thought proper, I presume, give only to calling Attorneys to the Bar, after a information whether that is available, either limited period; but subsequently they were now or at a future time, for the purposes of excluded altogether from any Membership, and Legal Education. There is also Lyons Inn, consequently cannot resort to the Library or formerly an Inn of Chancery, the rents of attend the Lectures. which are collected by Mr. Layton, of No. 2, James's Grove, Peckham.

RULES of COURT directing all Attorneys to

become Members of an Inn of Court or

Chancery, and Orders of the Inns of Court
excluding Attorneys and Articled Clerks.
[Handed in by Robert Maugham, Esq., Sec-
retary to the Incorporated Law Society.]

As to Attorneys belonging to Inns of Court or

1632.—By a Rule of Hilary Term, 1632, the following Regulation was made by the Court of King's Bench, regarding the service of a Clerkship to an Attorney, before Admission, and providing that every Attorney should become a member of an Inn of Court or Chancery:"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 proved of by the Justices of this Court, to be of good sufficiency, and every of them admitted of one of the Inns of Court or Chancery."


1654.-In Michaelmas Term, 1654, a Rule of Court was made to compel Attorneys to become Members of an Inn of Court or Chancery:"That all Officers and Attorneys of the Court be admitted of some Inns 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 Cham

Inner Temple.

26th June, 1762.-In the Inner Temple, in 1762, it was Ordered, "That no Attorney or Solicitor, or Clerk in the Chancery or Exchequer, be called to the Bar till they shall have actually discontinued the practice of their former Profession two years."


16th June, 1789.-And in 1789 it was further Ordered, "That from and after the end of this present Trinity Term, 1789, no Articled Clerk, either to an Attorney or Solicitor, or to Clerk in the Court of Chancery or Court of Exchequer, ought to be called to the Bar until his Articles shall either have expired or been cancelled for the space of two whole years. It is now Ordered by the Masters of the Bench, now present, that the said Resolutions be confirmed and adopted as the Rules of this Society in all future applications of such Articled Clerks to be called to the Bar."

8th Feb. 1828.--Again in 1828, it was resolved "That no Recipiatur for entering into Commons be granted to any person whose name stands on the Roll of Attorneys or Solicitors, or who is Articled to any Attorney or Solicitor."

Middle Temple.

16th July, 1762.-In the Middle Temple, in 1762, it was resolved, "That no Attorney, Solicitor, Clerk in Chancery, or of the Exchequer, shall be called to the Bar until the end of two years at least after they shall have discontinued practising as such."

5th May, 1825.-And in 1825 it was further

[blocks in formation]

resolved "That no Recipiatur for entering into | sion to be entered in the Books at the Judge's Commons shall hereafter be granted to any Chambers, and to be affixed on the outside of person, whether Owner of Chambers or not, whose name stands on the Roll of Attorneys or Solicitors, or who shall be engaged in any Profession other than the Law, or in any Trade, Business, or Occupation."

Lincoln's Inn.

20th May, 1808.-—In Lincoln's Inn, in 1808, it was resolved "not to hear the exercises of any Gentleman who has been an Attorney or Solicitor until his name shall have been taken off the Roll, nor of any Gentleman who acts as Clerk to any Attorney or Solicitor; nor shall any Attorney or Solicitor be called to the Bar till his name shall have been taken off the Roll for two years; nor any Clerk to any Attorneys or Solicitor, till he shall have ceased for two years to act as such Clerk."

21st Feb., 1828.--And in 1828 it was further Ordered "That no person be admitted to this Society whose name stands on the Roll of Attorneys or Solicitors, or who is Articled to an Attorney or Solicitor:"

Gray's Inn.

In Gray's Inn, it was resolved, "That no Person be called to the Bar in case he shall be in Deacon's Orders, or under 21 years of age; also, if he is an Attorney or Solicitor, or Clerk in the Chancery or Exchequer, he must have discontinued the practice of his Profession for two years."

(Extracted from the 6th Report of the Common Law Commissioners, March 25, 1834.)

MEMORIAL to the Judges from the Incorporated Law Society on the Examination and Admission of Attorneys.

[Furnished by Mr. Maugham.] To the Right Honourable the Lord Chief Justice and the other Judges of His Majesty's Court of King's Bench,

The Right Honourable the Lord Chief
Justice and the other Justices of His
Majesty's Court of Common Pleas at
Westminster, and

The Right Honourable the Lord Chief Baron and the other Barons of his Majesty's Court of Exchequer : The MEMORIAL of the Society of Attorneys, Solicitors, Proctors, and others, not being Barristers, practising in the Courts of Law and Equity of the United Kingdom, incorporated by his present Majesty King William the Fourth, by Letters Patent, bearing date at Westminster, the 22nd December, 1831. Showeth,

the Courts at Westminster, yet no one is appointed to ascertain that such Notices have been duly given, or that the same have not been removed; nor is any inquiry made either of the Master or Clerk as to qualification or conduct, the Clerk being merely required to has served his time, and is a fit and proper produce a Certificate from his Master that he person to be admitted, and his own Affidavit that the Stamp Duty has been paid and the regular Notices given.

That even if the Notice of admission provided for in the Common Law Courts were sufficient as to time and publicity, yet there is an easy mode of evading this check by a previous admission as Solicitor in Chancery; for persons are admitted as Solicitors of that Court the day after each Term, on merely entering a Notice the day before Term of the intention to apply for Admission, in a Book kept by the Secretary of the Master of the Rolls for Town Solicitors, and by the Clerk of the Public Office in Chancery for Country Solicitors; and persons being so admitted in Chancery upon the mere production of such admissions, may obtain admission in all the other Courts of Westminster, without any of the formalities required where a person is first admitted an Attorney of the Courts of Law.

That when a party applies for re-admission after he has been struck off the Roll, or ceased to practise, although a Term's Notice of the intention to apply and an affidavit of the grounds for the application are required, yet such affidavit is not filed until after the Motion for re-admission has been made, and the Rule being absolute in the first instance, no opportunity is afforded previously to such admission to ascertain the truth or sufficiency of the allegations contained therein.

the Signet and Attorneys are subject to an ExThat in Scotland and in Ireland, Writers to amination previously to admission; and in the Professions of Divinity and Medicine and Surgery competent Bodies are appointed to examine into the fitness and respectability of the Candidates for admission.

Society of Writers to His Majesty's Signet in That it is required by the Regulations of the Scotland that, besides other qualifications, the Candidates be of good fame and reputation, and that they be examined by three private Examiners, appointed for the year by the Keeper and Commissioners of the signet, and after the approval of the private Examiners, that they be publicly examined in the Society's Hall by at least three Examiners.

That in Ireland, under the provisions of 13 That, in consequence of the present mode of & 14 Geo. 3, c. 23 (1773-4), the Common Law admitting and re-admitting Attorneys (the Courts appoint an Officer of the Court and number of whom has for some years past ex-four practising Attorneys to examine all perceeded 600 annually), many unfit persons and persons who have not duly served their Clerkships have been admitted.

That although the Rules of Court direct Notice of the intended application for admis

sons applying to be admitted Attorneys, and the Examiners make strict inquiry of the Masters regarding the faithful service and general good conduct of the apprentice.

That no persons are admitted to Holy Orders

Inns of Court and Chancery.—Points in Equity Practice.-Notes on Recent Statutes.


without a strict Examination as to their cha- | 1793, directed such Notices to be entered in racter and qualifications. Books to be kept for that purpose at each of the Judge's Chambers.

That no persons are admitted to practise as Surgeons without an Examination before the Court of Examiners of the College; and none are admitted to practise as Apothecaries without being examined by Examiners appointed by the Court of Assistants of the Apothecaries Company.

Your Memorialists beg leave most respect fully to submit the foregoing Statement to your Lordships' consideration, to solicit that you will be pleased to make such order for remedy of the present inconveniences as to your Lordships shall seem ́(L. S.)



That, with a view to the consideration of your Lordships' powers and authorities for remedying the evils suggested, your Memorialists beg leave to submit the following Abstract of the Statutes and Rules of Court relating to the 28th May, 1835. subject.

By the 4th Henry 4, c. 18 (1403), it was enacted that all the Attorneys should be examined by the Justices, and by their discretion put in the Roll, and they that were good and virtuous and of good fame should be received and sworn well and truly to serve in their Offices; and that the other Attorneys should be put out by the discretion of the said




Held, by the Vice-Chancellor Kindersley that in a suit commenced by summons, the Court may decide questions between parties entitled to the residuary estate, if these questions By the 3rd James 1, c. 7 (1606), it is enacted are founded upon the decree, but it cannot go that none should be admitted except those out of the decree, and if that did not extend brought up in the Courts or otherwise, well beyond estate specifically bequeathed, the practised and of skilful and honest disposition. Court cannot determine nor direct inquiries as By a Rule made in Michaelmas Term, 1564, to a question of conversion of leaseholds, init was provided that none should be admitted an Attorney unless he had practised five years as a common Solicitor in Court, or had served five years as a Clerk to some Judge, Serjeantat-Law, practising Counsel, Attorney, Clerk, or Officer of one of the Courts at Westminster,

and should on Examination be found of good ability and honesty for such employment; and that the Court should once in every year, in Michaelmas Term, nominate twelve or more able and credible practisers to continue for the ensuing year to examine such persons as should desire to be admitted Attorneys, and appoint convenient times and places for the Examinanation; and the persons desiring to be admitted were first to attend with their proofs of service, then repair to the persons appointed to examine, and being approved, to be presented to the Court and sworn.

By the 2nd Geo. 2, c. 23, s. 2 (1729), it was enacted that the Judges, or any one or more of them, before they admitted any person to take the Oath required by the Act, should ex amine and inquire by such ways and means as they thought proper touching his fitness and capacity to act as an Attorney, and if such Judge or Judges should be satisfied that such person was duly qualified to be admitted to act as an Attorney, then, and not otherwise, the said Judge or Judges should administer the Oath.

That by virtue of the powers and authorities of this Statute the Judges, by Rule of Trinity

volving the assumption of their being specifically bequeathed.

In such a case, under a decree made on a summons, as well as on a bill, if the decree is insufficient, it must be re-heard. West v. Laing 3 Drewry, 331.



The rule under which the Court permits a stranger to intervene, for the purpose of opening biddings on a sale by auction before the Master, has no application to a sale before him by private contract. Millican v. Vanderplank, 11 Hare, 136.



Ir appeared that the matter of a charity had come before the Court under Sir S. Romilly's Act, and that an order had been made, approving a scheme and directing inter alia the trustees to pay certain things and then to invest the residue.

A petition for the erection of a new school with part of the charity funds was held not to Term, 1791, directed the Notices of intention to apply for Admission to be affixed on the be within the 16 & 17 Vict. c. 137, s. 17, and outside of the Courts of Law at Westminster, could not be made except under the sanction and in other places; and it being afterwards of the Commissioners. In re Ford's Charity, considered that this notice was insufficient, the 3 Drewry, 324. Judges, by a further Rule of Trinity Term,


Remarkable Trials-The Slow Poisoning Case.



THE trial of Joseph Snaith Wooler, for the murder of his wife by poison, took place at Durham, on the 7th, 8th, and 10th December. The prisoner is a country gentleman residing at Great Burdon, near Darlington.

Mr. Edward James, Q.C., Mr. L. Temple, and Mr. Davison were the counsel, and Messrs. Rymer, Murray, and Rymer, the solicitors for the prosecution. Mr. Serjeant Wilkins, Mr. Overend, Q. C., and Mr. Laurie were the counsel, and Messrs. Rogerson and Ford the solicitors for the defence.

We are, of course, unable to report the details of this extraordinary trial, all of which have appeared in the newspapers; but we give the summing up of Mr. Baron Martin, and have corrected (on the authority of the Morning Post) the latter part, which is printed in Italics. As first reported, it appeared that, the learned Judge had intimated "a surmise that there was a person upon whom his fancy would rest rather than upon the prisoner."

"The learned Judge summed up with some masterly observations upon the case and the evidence. He observed that the accusation against the prisoner was, that by continued small doses of arsenic he poisoned his wife, and in case of conviction he would undoubtedly forfeit his life. Much has been said about prejudice in this case, but, observing your calm demeanour and attention, I should not have observed upon it except for an exhibition of feeling on Saturday. That deceased died by arsenic was early in this trial admitted by the prisoner's counsel. The next question is, whether there is sufficient evidence to show that the prisoner administered it? In most cases of murder certain facts are clearly established, from which, although circumstantial only, juries may safely draw conclusions. This is the first case of poisoning extending over so long a period. The law requires that the conclusions of a jury should be drawn from proximate and evident premises, not from slight and far-fetched surmises. I have collected the circumstances which the learned counsel for the prosecution relies on to prove that the prisoner is guilty. If you have read his speech, I pray you not to rely on it, but on the evidence.

tion of it. The next circumstance relied on was that the prisoner had not furnished proper medical advice for his wife. Of that you must judge. Having called in Dr. Jackson, he finds fault with him. [Here the learned Judge recapitulated the evidence on this head.]

"The next matter urged was that the prisoner kept a book in which he entered his wife's symptoms. We may assume that no entry appears to make against him, or it would have been read. But indeed Dr. Haslewood fully explains all about this book.

"The next matter is very important. It is that the doctors having desired the prisoner to communicate to them the tingling of the hands if it should occur, he omitted to do so. Upon this point the counsel for the prosecution has been misinstructed. Dr. Jackson and Dr. Haslewood say they never so requested the prisoner to inform them of this, neither do they agree as to the exact time or manner in which the prisoner did communicate the circumstance. [Here the learned Judge read their evidence on this subject.]

"The learned counsel for the prisoner has spoken in harsh terms of the medical witnesses. I do not adopt those terms, but it does seem to me that their conduct, as detailed by themselves, was reprehensible. But people are often wise after the event, and I believe that those witnesses now think that their suspicions were stronger at the time than they really were. Why did they not sooner find out this symptom of tingling of the hands by asking Mrs. Wooler herself? If they suspected that arsenic was being administered, they should have gone before a magistrate, instead of simply using twice an antidote. The learned Judge commented severely upon Dr. Jackson's statement, that he had withheld from Dr. Haslewood his suspicions. I think that Mr. Henzell was the first to suspect, and that the others did not pay much attention to his suspicions. The supposed substitution of another person's urine might have been a mistake.

"The conduct of the prisoner at the time of his wife's death is said to have been improper. You have evidence on this head on which you must form your own opinion. But I would recommend you not to attach much weight to it, Different men have different modes of evincing their feelings. As to his conduct on receiving the note from Dr. Jackson, it was opined that he gave a false account of the cause of death. Would a man who believed he was writing to a murderer have written in the terms Dr. Jackson used? Does the prisoner take the letter as an imputation upon himself of murder? It seems to me not.

"The will had evidently been prepared by a lawyer, and it would require a curious imagination indeed to discover from that will any intention to murder. As to the correspondence, the opinion of Dr. Haslewood and Dr. Jackson did not quite concur.

"It is clear that the prisoner had a large collection of drugs in his possession. Dr. Jackson and Dr. Haslewood state that Fowler's solution was among them. At the inquest it is said that this bottle was not produced, but no importance appears to have been then attached to the circumstance. It does not appear but "There remains the discovery of the arsenic that, if the prisoner had been asked about it, in the enema pipes. How it got there is inhe could have produced it or given an explana-volved in more mystery than I have met with

« EelmineJätka »