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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 the most important branch of the Profession.” some of the Inns of Chancery which may be

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 5001. 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 ofñce 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 6,0001. 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 the kingdom.

years excluded from the Inns of Court, and 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, rivable from the Inns of Chancery should be and, consequently, personally interested in applied to the improvement and the education supporting the monopoly of these good things of the Attorneys and Solicitors, and their Ar. for the Bar.

ticled Clerks. But though the difficulties may be great 1459. How would you sever that from any they are not insurmountable; and, with right other portion of the revenue of Lincoln's Ion? 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 citors. Originally they paid, I believe, a very has triumphed in our country over equal, if not small ground rent; and at the time the new greater difficulties. At this very time, the same buildings were erected, a new lease was granted powerful influence which supports the Bar in from Lincoln's Inn, and a larger rent was their unjust monoplies, is bending to the voice given. In ancient times the Attorneys and of reason in the distribution of patronage in Solicitors belonging to that Inn paid but a the army, the navy, and the public offices. small rent.

If the more numerous branch of the Pro- 1460. They paid a rent, probably, in 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 1461. For whom do you consider it was in the public mind, the writer looks forward with Trust originally ?-If I am right in supposing confidence to the day when the present unjust that the members of the Inns of Chancery are division in the Legal Profession will cease, and Attorneys, and that they were so formerly, those when the honours and distinctions belonging rents should be applied to the improvement to the Profession will be open to the talents and the education of that branch of the Proand merits of every member.

fession, and not to the Bar, who, I submit,

have ample means. INNS OF COURT AND CHANCERY. nobleman at the same rent, ought that noble

1462. Supposing they had rented it of some

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

private property, of course not. The following evidence was given on the

1463. Is it at all certain that the original inpart of the Incorporated Law Society :

habitants or proprietors of those Inns of Chan

cery 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.

1458. You desire to make some statement in 1464. Are there not many private persons reference to the Inps 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 cer- 1465. Are there any other Inns from which tain suggestions, which I prepared under their you consider there is a surplus income?-I do direction, and they have referred them to a not know that there is any surplus income.

TAKEN BEFORE THE COMMISSIONERS.

Inns of Courl and Chancery.

181 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 1677, 1684, 1704.-In Trinity Term, 1677, Treasurer of that property; and I would sug- and Michaelmas Term, 1684, the Court of gest, whether the Commissioners may think it Common Pleas ordered the Attorneys of that desirable that he should be asked to give such Court to be admitted of some Inn of Court or information as he possesses regarding the Chancery; and in Michaelmas Term, 1704, the rights of the parties for whom he collects the following Rule on that subject was made by rents. I take it, the Ancients of those several the Courts of King's Bench, Common Pleas, Inns of Chancery held them upon a certain and Exchequer :-" It is Ordered, that all Attrust, and had no notion that they could make torneys and Clerks of the said Courts, not a title to that property, and divide the surplus. already admitted into one of the Inns of Court The next Inn is Symonds Inn, the ground or Chancery, shall procure themselves to be rents of which are received by the Bishop of admitted into one of the said Inns of Court (if Chichester. I have no information of that those Honourable Societies shall please to adhaving a Principal and Ancients, in the manner mit them), or into one of the Inns of Chancery, that other Inns have. It is stated in some of before the end of Trinity Term now next enthe old books, that though called an Inn of suing." 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,

Inner Temple. James's Grove, Peckham.

26th June, 1762.-In the Inner Temple, in RULES of Court directing all Attorneys to 1762, it was Ordered, " That no Attorney or become Members of an Inn of Court or

Solicitor, or Clerk in the Chancery or ExcheChancery, and Orders of the Inns of Court quer, be called to the Bar till they shall have exeluding Attorneys and Articled Clerks. actually discontinued the practice of their for(Handed in by Robert Maugham, Esq., Sec

mer Profession two years." retary to the Incorporated Law Society.]

16th June, 1789.-And in 1789 it was fur

ther Ordered, “That from and after the end of As to Attorneys belonging to Inns of Court or this present Trinity Term, 1789, no Articled Chancery.

Clerk, either to an Attorney or Solicitor, or to 1632.-By a Rule of Hilary Term, 1632, the a Clerk in the Court of Chancery or Court of following Regulation was made by the Court of Exchequer, ought to be called to the Bar until King's Bench, regarding the service of a Clerk. his Articles shall either have expired or been ship to an Attorney, before Admission, and cancelled for the space of two whole years. It providing that every Attorney should become is now Ordered by the Masters of the Bench, a member of an Inn of Court or Chancery :- now present, that the said Resolutions be con“ None hereafter shall be admitted to be an firmed and adopted as the Rules of this Society Attorney of this Court unless he have served a in all future applications of such Articled Clerks Clerk or Attorney of this Court, by the space to be called to the Bar.". of six years, at the least, or such as for their

8th Feb. 1828.–Again in 1828, it was reeducation and Study in the Law, shall be ap

solved "That no Recipiatur for entering into proved of by the Justices of this Court, to be Commons be granted to any person whose of good sufficiency, and every of them admitted name stands on the Roll of Attorneys or Soliof one of the Inns of Court or Chancery.

citors, or who is Articled to any Attorney or 1654.-In Michaelmas Term, 1654, a Rule Solicitor.” of Court was made to compel Attorneys to be

Middle Temple. come Members of an Inn of Court or Chan- 16th July, 1762.-In the Middle Temple, in cery :-"That all Officers and Attorneys of 1762, it was resolved, “That no Attorney, the Court be admitted of some Inns of Court Solicitor, Clerk in Chancery, or of the Exor Chancery by the beginning of Hilary Term chequer, shall be called to the Bar until the next, or in the same Term wherein they are end of two years at least after they shall have admitted Officers or Attorneys, and be in Com- discontinued practising as such.". mnons one week in every Term, and take Cham. 5th May, 1825.-And in 1825 it was further

182

Inns of Court and Chancery. 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, the Courts at Westminster, yet no one is apwhose name stands on the Roll of Attorneys pointed to ascertain that such Notices have or Solicitors, or who shall be engaged in any been duly given, or that the same have not Profession other than the Law, or in any Trade, been removed ;- nor is any inquiry made either Business, or Occupation."

of the Master or Clerk as to qualification or

conduct, the Clerk being merely required to Lincoln's Inn.

produce a Certificate from his Master that he 20th May, 1808.-In Lincoln's Inn, in 1808, has served his time, and is a fit and proper it was resolved “not to hear the exercises of

person to be admitted, and his own Affidavit any Gentleman who bas been an Attorney or that the Stamp Duty has been paid and the reSolicitor until his name shall have been taken gular Notices given. off the Roll, nor of any Gentleman who acts as

That even if the Notice of admission proClerk to any Attorney or Solicitor; nor shall vided for in the Common Law Courts were any Attorney or Solicitor be called to the Bar sufficient as to time and publicity, yet there is till his name shall bave been taken off the Roll an easy mode of erading this check by a previous for two years ; nor any Clerk to any Attorneys admission as Solicitor in Chancery; for peror Solicitor, till be shall bave ceased for two sons are admitted as Solicitors of that Court years to act as such Clerk.”

the day after each Term, on merely entering a 21st Feb., 1828.--And in 1828 it was further Notice the day before Term of the intention to Ordered "That no person be admitted to this apply for Admission, in a Book kept by the Society whose name stands on the Roll of At- Secretary of the Master of the Rolls for Town torneys or Solicitors, or who is Articled to an Solicitors, and by the Clerk of the Public Attorney or Solicitor:”

Office in Chancery for Country Solicitors; and Gray's Inn.

persons being so admitted in Chancery upon In Gray's Inn, it was resolved, “ That no the mere production of such admissions, may Person be called to the Bar in case he shall be obtain admission in all the other Courts of in Deacon's Orders, or under 21 years of age; Westminster, without any of the formalities also, if he is an Attorney or Solicitor, or Clerk required where a person is first admitted an in the Chancery or Exchequer, he must have Attorney of the Courts of Law. discontinued the practice of his Profession for That when a party applies for re-admission two years."

after he has been struck off the Roll, or ceased (Extracted from the 6th Report of the Com- to practise, although a Term's Notice of the mon Law Commissioners, March 25, 1834.) intention to apply and an affidavit of the

grounds for the application are required, yet MEMORIAL to the Judges from the Incorpo- for re-admission has been made, and the Rule

such affidavit is not filed until after the Motion rated Law Society on the Examination and being absolute in the first instance, no opporAdmission of Attorneys.

tunity is afforded previously to such admission [Furnished by Mr. Maugham.] to ascertain the truth or sufficiency of the alleTo the Right Honourable the Lord Chief gations contained therein. Justice and the other Judges of His Ma- the Signet and Attorneys are subject to an Ex

That in Scotland and in Ireland, Writers to jesty's Court of King's Bench, The Right Honourable the Lord Chief Professions of Divinity and Medicine and Sur

amination previously to admission; and in the
Justice and the other Justices of His
Majesty's Court of Common Pleas at gery competent Bodies are appointed to ex-
Westminster, and

amine into the fitness and respectability of the The Right Honourable the Lord Chief That it is required by the Regulations of the

Candidates for admission.
Baron and the other Barons of his Society of Writers to His Majesty's Signet in
Majesty's Court of Exchequer :

Scotland that, besides other qualifications, the The MEMORIAL of the Society of Attorneys, Candidates be of good fame and reputation,

Solicitors, Proctors, and others, not being and that they be examined by three private ExaBarristers, practising in the Courts of Law miners, appointed for the year by the Keeper and Equity of the United Kingdom, incor. and Commissioners of the signet, and after the porated by his present Majesty King William approval of the private Examiners, that they the Fourth, by Letters Patent, bearing date be publicly examined in the Society's Hall by

at Westminster, the 22nd December, 1831. at least three Examiners. Showeth,

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 per ceeded 600 annually), many unfit persons and sons applying to be admitted Attorneys, and persons who have not duly served their Clerk. the Examiners make strict inquiry of the Masships have been admitted.

ters regarding the faithful service and general That although the Rules of urt direct good conduct of the apprentice. Notice of the intended application for admis- That no persons are admitted to Holy Orders

Inks of Court and Chancery.Points in Equity Practice.-Notes on Recent Statutes. 183 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 That no persons are admitted to practise as the Judge's Chambers. Surgeons

without an Examination before the Your Memorialists beg leave most respect Court of Examiners of the College ; and none fully to submit the foregoing Statement to are admitted to practise as Apothecaries with- your Lordships' consideration, to solicit out being examined by Examiners appointed that you will be pleased to make such by the Court of Assistants of the Apothecaries order for remedy of the present inconveCompany.

niences as to your Lordships shall seem That, with a view to the consideration of meet.

(L, S.) your Lordships' powers and authorities for re- Examined, medying the evils suggested, your Memorialists

R. MAUGHAM, beg leave to submit the following Abstract of

Secretary. the Statutes and Rules of Court relating to the 28th May, 1835. subject.

By the 4th Henry 4, c. 18 (1403), it was POINTS IN EQUITY PRACTICE. enacted that all the Attorneys should be examined by the Justices, and by their discretion

IN SUIT COMMENCED BY SUMMONS. put in the Roll, and they that were good and virtuous and of good fame should be received

Held, by the Vice-Chancellor Kindersley and sworn well and truly to serve in their that in a suit commenced by summons, the Offices; and that the other Attorneys should Court may decide questions between parties enbe put out by the discretion of the said titled to the residuary estate, if these questions Justices.

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, 1.564, to a question of conversion of leaseholds, init was provided that none should be admitted an Attorney unless he had practised five years volving the assumption of their being specifias a common Solicitor in Court, or had served cally bequeathed. five years as a Clerk to some Judge, Serjeant- In such a case, under a decree made on a at-Law, practising Counsel, Attorney, Clerk, summons, as well as on a bill, if the decree is or Officer oi one of the Courts at Westminster, and should on Examination be found of good insufficient, it must be re-heard. West v. Laing ability and honesty for such employment; and 3 Drewry, 331. that the Court should once in every year, in Michaelmas Term, nominate twelve or more OPENING BIDDINGS ON SALE BY PRIVATE able and credible practisers to continue for the ensuing year to examine such persons as should The rule under which the Court permits a desire to be admitted Attorneys, and appoint stranger to intervene, for the purpose of opening convenient times and places for the Examinanation ; and the persons desiring to be admit- | biddings on a sale by auction before the Masted were first to attend with their proofs of ter, has no application to a sale before him by service, then repair to the persons appointed to private contract. Millican v. Vanderplank, 11 examine, and being approved, to be presented Hare, 136. to the Court and sworn. By the 2nd Geo. 2, c. 23, s. 2 (1729), it was

NOTES ON RECENT STATUTES. 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

CHARITABLE TRUSTS' ACT." MATTER

PENDING.amine and inquire by such ways and means as they thought proper touching his fitness and It appeared that the matter of a charity had capacity to act as an Attorney, and if such come before the Court under Sir S. Romilly's Judge or Judges should be satisfied that such Act, and that an order had been made, apperson was duly qualified to be admitted to act as an Attorney, then, and not otherwise, the proving a scheme and directing inter alia the said Judge or Judges should administer the trustees to pay certain things and then to inOath.

vest the residue. That by virtue of the powers and authorities A petition for the erection of a new school of this Statute the Judges, by Rule of Trinity 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,

CONTRACT.

184

Remarkable TrialsThe Slow Poisoning Case.
REMARKABLE TRIALS, tion of it. The next circumstance relied on

was that the prisoner had not furnished proper THE SLOW POISONING CASE.

medical advice for his wife. Of that you must

judge. Having called in Dr. Jackson, he The trial of Joseph Snaith Wooler, for the finds fault with him. [Here the learned Judge murder of his wife by poison, took place at recapitulated the evidence on this bead.] Durham, on the 7th, 8th, and 10th December. “ The next matter urged was that the priThe prisoner is a country gentleman residing wife's symptoms. We may assume that no

soner kept a book in which he entered his at Great Burdon, near Darlington.

entry appears to make against him, or it would Mr. Edward James, Q.C., Mr. L. Temple, have been read. But indeed Dr. Haslewood and Mr. Davison were the counsel, and Messrs. fully explains all about this book.

“The next matter is very important. It is Rymer, Murray, and Rymer, the solicitors for

that the doctors having desired the prisoner to the prosecution. Mr. Serjeant Wilkins, Mr. communicate to them the tingling of the hands Overend, Q. C., and Mr. Luurie were the if it should occur, he omitted to do so. Upon counsel, and Messrs. Rogerson and Ford the this point the counsel for the prosecution has solicitors for the defence.

been misinstructed. Dr. Jackson and Dr.

Haslewood say they never so requested the We are, of course, unable to report the de- prisoner to inform them of this, neither do tails of this extraordinary trial, all of which they agree as to the exact time or manner in hare appeared in the newspapers ; but we give which the prisoner did communicate the cirthe summing up of Mr. Baron Martin, and cumstance. [Here the learned Judge read haye corrected (on the authority of the Morning

their evidence on this subject.]

“The learned counsel for the prisoner has Post), the latter part, which is printed in Italics. spoken in harsh terms of the medical witnesses. As first reported, it appeared that the learned I do not adopt those terms, but it does seem Judge had intimated “a surmise that there to me that their conduct, as detailed by themwas a person upon whom his fancy would rest selves, was reprehensible. But people are often

wise after the event, and I believe that those rather than upon the prisoner.”

witnesses now think that their suspicions were “The learned Judge summed up with some stronger at the time than they really were. masterly observations upon the case and the Why did they not sooner find out this symptom evidence. He observed that the accusation of tingling of the hands hy asking Mrs. Wooler against the prisoner was, that by continued herself ? "If they suspected that arsenic was small doses of arsenic he poisoned his wife, being administered, they should have gone beand in case of conviction he would undoubt. fore a magistrate, instead of simply using twice edly forfeit his life. Much has been said about an antidote. The learned Judge commented prejudice in this case, but, observing your calm severely upon Dr.Jackson's statement, that he demeanour and attention, I should not have had withheld from Dr. Haslewood his susobserved upon it except for an exhibition of picions. I think that Mr. Henzell was the first feeling on Saturday. That deceased died by to suspect, and that the others did not pay. arsenic was early in this trial admitted by the much attention to his suspicions. The supprisoner's counsel. The next question is, whe- posed substitution of another person's urine ther there is sufficient evidence to show that the might have been a mistake. prisoner administered it? In most cases of “The conduct of the prisoner at the time of murder certain facts are clearly established, his wife's death is said to have been improper. from which, although circumstantial only, You have evidence on this head on which you juries may safely draw conclusions. This is must form your own opinion. But I would the first case of poisoning extending over so recommend you not to attach much weight to long a period. The law requires that the con- it, Different men have different modes of clusions of a jury should be drawn from proxi- evincing their feelings. As to his conduct on mate and evident premises, not from slight receiving the note from Dr. Jackson, it was and far-fetched surmises. I have collected the opined that he gave a false account of the circumstarices which the learned counsel for cause of death. Would a man who believed he the prosecution relies on to prove that the pri- was writing to a murderer have written in the soner is guilty. If you have read his speech, terms Dr. Jackson used ? Does the prisoner I pray you not to rely on it, but on the evi- take the letter as an imputation upon himself dence.

of murder? It seems to me not. “It is clear that the prisoner had a large “The will had evidently been prepared by a collection of drugs in his possession. Dr. lawyer, and it would require a curious imagiJackson and Dr. Haslewood state that Fowler's nation indeed to discover from that will any solution was among them. At the inquest it is intention to murder. As to the correspondence, said that this bottle was not produced, but no the opinion of Dr. Haslewood and Dr. Jackson importance appears to have been then attached did not quite concur. 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

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