« EelmineJätka »
Of claim by tenant for life, 488
Gift from client, 202, 285
Delivery up of papers, 224
NOTICES OF NEW BOOKS.
Agreement for annuity by firm, 503
Production of documents, &c., 427, 466
Legal education, 484
Le Quesne's Constitutional History of Jersey, Appointments, 54
Renewal of certificates, 55
Prideaux's Conveyancing Precedents, 256
PROCEEDINGS OF LAW SOCIETIES.
Shelford's Insolvent Debtors' Statutes, 358 Law Students Corresponding Society, 36
Liverpool Law Society, 73
Sweet's Limited Liability Act, 110
Metropolitan and Provincial Law Association, 5,
Distinctions, &c., 156, 141
Peace Treaty, 433
Curiosities of Legislation, 588
Lawyers in Parliament, 248
Remarkable Trials, 10, 167, 184
Moot Points, 326, 444
Peerage for Life, 254
Non-payment of Counsel's Fees, 208, 326
Intended New Series of Legal Observer, 429
Claim, where retainer by several defendants, 149 Law APPOINTMENTS
Sheriffs, Undersberiffs, &c., 344
The Legal Observer,
Still attorneyed at your service." - Shakespeare
SATURDAY, NOVEMBER 3, 1855.
FURTHER PROJECTED LAW RE- diminished. This proposition was main FORMS.
tained for the sake of the suitors themselves,
in order that respectable, able, and wealthy The commencement of a New Volume men might be induced to continue in or and New Legal Year, affords an opportunity enter the Profession. of directing the attention of our readers to In these circumstances we cannot enterthe further amendments and improvements tain any doubt of the Judges being inclined which it may be expected will be discussed to settle such a scale of costs as will recomand considered, if not carried into effect, in pense the solicitors for their skill, labour, the ensuing year, either by the power of and responsibility. Several witnesses have Parliament; the Rules and Orders of the been already examined before Lord Justice Superior Courts; or the self-government of Turner and Vice-Chancellor Wood, assisted the Profession itself.
by a Chancery and a Common Law Taxing First and foremost we would notice a Master. We understood that some additional subject, -equally interesting to the suitor evidence would be adduced on the details of and the practitioner,—namely, Chancery practice for the purpose of further showing Costs. Notwithstanding some desponding the injury which has been sustained by the anticipation that the Commissioners to solicitors. It may, however, be that suffiwhom the Lord Chancellor has referred the cient information has already been collected memorial of the Incorporated Law Society, and that the Commissioners are enabled to will not recommend much improvement in report to the Lord Chancellor the result of favour of the solicitors, we are inclined to their inquiries and investigation, and enable think that very important amendments will his lordship and the other Judges to arrive be made in the general rules of taxation at a satisfactory conclusion. and in the amount of fixed or specific fees. We trust that before the result shall apIt has been established beyond all doubt, pear in the form of actual Orders of Court, that the remuneration for conducting Chan- the representatives of the solicitors will be cery proceedings at the present time, com- enabled to examine the intended orders, pared with the emoluments a few years ago, and, if necessary, to offer their suggestions has diminished 30 or 40 per cent. ; whilst thereon. The Houses of Parliament, bethe personal labour and responsibility of fore passing any measure, even of small the solicitor has increased.
importance, print the Bill and allow of peNow, it was again and again admitted by titions from those who will be affected by the Chancery and Real Property Commis- it, and of ample discussions during its ususioners, and by those distinguished re-ally slow progress through its various stages formers, Lords Brougham and Langdale, in both ilouses. We conceive, therefore, and other eminent persons, that the former that it cannot derogate from the dignity of remuneration of solicitors was not too great, the Judicial Bench to afford an opportunity and that in any changes which might be to the solicitors to consider the items of effected for the good of the public, the re- which the new scale may be composed, and muneration of the solicitor should not be the discretionary powers which it is un
Further Projected Law Reforms. derstood will be conferred on the Taxing tended alteration, in accordance with the Officers.
Commissioners' Report, of the Law of Besides this all-important question of Divorce, for the purpose of transferring the costs, the Chancery Commissioners are, as jurisdiction of dissolving the marriage tie we understand, pledged to make a report on from Parliament to a judicial tribunal, the rules and practice of taking Evidence. where the less wealthy may have relief as It appears that the recent alteration of exa- well as the rich. mining witnesses vivá voce, instead of writ- The subject of “Church Discipline,” it ten interrogatories, has been productive, in may be presumed, will be continued, though many cases, of a large increase both of ex- in an improved form of proceeding, in the pense and delay. The attendance on these Ecclesiastical Courts ;—wherein certain digexaminations by counsel and solicitors; the nitaries of the Church, assisted by some insufficient authority of the examiners to eminent lawyer as assessor, should preside. control the extent of the examination ; and This reform would then resemble the disthe insufficient number of the examiners, cipline of the Bar and the Attorneys. For have occasioned results that were altogether as complaints against members of the Bar, unexpected, and which demand a speedy with a view to their being disbarred, are remedy.
brought before the Benchers of the Inn of The means of improving the position of Court by whom they were called to the Bar ; the Attorneys,-of extending their influ- -and as the attorneys are amenable to the ence, and further securing their respecta- Judges of the several Courts by whom they bility,—will no doubt be well considered were admitted to practise,-so it seems just by the several societies in town and and expedient that the Bishops by whom country. It has been strangely inquired by the Clergy were ordained should sit in judgsome official personages whether, if the ment when any complaint is brought against attorneys and solicitors were as highly them. educated as the members of the Bar are or The very important subject of the Regisought to be, it would not follow that they tration of Titles may, perhaps, be brought would be entitled to a higher measure of before Parliament, but we think it can remuneration than they now receive. Un- scarcely be decided in the next Session. doubtedly this opens a topic for due consi. The Report of the Commissioners will proderation. Skill, learning, and experience bably be presented early in the Sessionare entitled to proportionate reward. but of this we have no certain information
But if we look at the clerical and medical and a Bill may be prepared, which, consiprofessions, although the humblest members dering the conflicting opinions on any form of of them are generally as well-grounded as registration, and particularly a metropolitan the highest in classical and mathematical at-registration, will necessarily be of slow protainments, they are certainly not equally gress. It may find its way into a Select rewarded for their educational eminence. Committee of one or other of the Houses Nor need it be apprehended that the prac. of Parliament, but we cannot anticipate titioners in the second branch of the Pro- that the measure will be carried in a single fession who may chance to be ripe scholars Session. as well as good lawyers, will ex necessitate Amongst other matters yet "looming in be entitled to claim larger fees than those the distance," we may notice the changes who are less gifted or possess few attain- contemplated in the Law of Merchants, ments beyond the essential knowledge of which have been indicated in the recent Retheir Profession.
port of the Commissioners, already subThe consideration of the projected changes mitted to our readers. It will have been in the testamentary jurisdiction of the Ec- observed that in several respects the Comclesiastical Courts, will of course be re- missioners are in favour of an assimilation sumed in the next Session of Parliament. of the English and Irish Law to that of In all probability the able Committee of the Scotland, but in the majority of instances London Proctors will be prepared with a the English system is preferred, though on scheme for the reform of those Courts. some occasions it may be expedient to alter Whether it will be acceptable to the public, the Law on both sides of the Tweed. These or to Parliament, or to the practitioners in suggested alterations will not, we conceire, the Queen's Courts, remains to be seen. materially affect the practical lawyer, farther If the Ecclesiastical Courts are to be abo- than the extent of inconvenience, to which lished, ample compensation ought to be he may be subjected by the necessity of granted.
studying the change, not only as it may Connected with these Courts is the in- ' have been intended, but as it may more
Further Projected Law Reforms.-Bills of Exchange and Promissory Notes' Act. or less effectually be incorporated in the our brethren that are either immediately Statutes.
pressing, or will shortly become so. The report of the County Court Com- Other subjects of professional interest will missioners, which has been some time be- be noticed hereafter ; and we invite the confore the Profession, does not exhaust the tinuance of those suggestions and commusubject; but we are not aware, at present, nications which have so essentially aided whether such parts of the last report as ap- our past labours, and will render more pear to comprise the settled opinions of the effective our future exertions. Commissioners will be carried into early effect, or whether the proposed amendments will be deferred until the improvement
BILLS OF EXCHANGE AND PROwhich is contemplated can be rendered
MISSORY NOTES' ACT. complete and permanent. One great question has yet to be settled before these Small
SUGGESTED DOUBTS. Debt Courts can be considered as finally and By the 1st section of the 18 & 19 Vict. firmly established, -namely, whether the c. 69, actions on bills of exchange may be poor suitors are to continue paying fees for by writ of summons in the form contained the Judges' salaries, now in many instances in Schedule A., and indorsed as therein increased to 1,5001. a-year, and amounting mentioned. in the whole to about 80,0001. annually, The form in the Schedule leaves the exclusive of the salaries of the County Court number of days blank within which proclerks, treasurers, bailiffs, building fund, ceedings may be stayed on payment of &c. These new Small Debt Courts, in fact, principal and interest, and does not include involve an expense little short of that of the costs of the writ. But the Common the whole of the Superior Courts of Law Law Procedure Act, 1852, is incorporated and Equity.
in this Act by the 7th section, and the 8th We are watching with a strong feeling of section of the Procedure Act comprises the interest for the appearance of the Report of costs, and fixes four days as the time withthe Commissioners on the Inns of Court in which payment may be made. and Chancery, which we shall promptly Under the new Act, judgment cannot be bring to the notice of the Profession. The signed till the expiration of twelve days. large revenues of these ancient societies are, It appears to be doubtful whether the or might be applicable to the improvement plaintiff is entitled at the expiration of four of both branches of the Profession ; and we days to procure an affidavit of the service understand that the benchers or other rul- of the writ and prepare his judgment, in ing bodies both of the Inns of Court and order to avoid the loss of several days in Chancery have honourably signified their procuring an affidavit from the country. willingness to aid the Commissioners in the The 5th section of the Act entitles the objects of their inquiry.
holder of a bill to recover the expenses inThe Bill relating to Settled Estates, curred in noting the same for non-payment enabling the Court of Chancery to authorise" or otherwise.” But the form in the Schethe leasing, settling, or exchanging of lands, dule does not include the expense of noting which at present from defects in wills or or otherwise. settlements, can only be effected by private By the 6th section, the holder of a bill Bills in Parliament at great expense and may issue one writ against all the parties to delay, will, no doubt, be re-introduced. It such bill, and such writ shall be the comwas postponed last Session on account of an mencement of an action against the parties opposition raised to prevent the power of therein named respectively, and subsequent inclosing Hampstead Heath.
proceedings against them shall be as if seWe expect, also, that attempts will be parate writs of summons had been issued. made to amend the Limited Liability Act, In these cases, however, no special inand to pass the Bill for amending the Law dorsement is provided by the Act, and the of Partnership.
parties will not be apprised of the costs to The Consolidation of the Statutes will which each is respectively liable. again be pressed forward, and perhaps some We believe that the attorneys are deof the specimen or model Bills may be in- sirous of discharging their duty to their troduced for the purpose of "ventilation,” Clients and the Court in carrying the Act though their arrival at maturity cannot yet into practical effect; and we understand it be predicted.
has been suggested that these doubts might Such are some of the matters concerning be removed by a General Rule of Court
Metropolitan and Provincial Law Association. under the authority of the 223rd section of though he need hardly say that the one or two the Common Law Procedure Act, 1852, points to which the attention of the Legislature and thereby avoid the expense of numerous was directed had been watched very carefully motions to the Court as the points may se
by the Society. A good many Bills had been verally arise in practice.
brought in and withdrawn after going through a variety of stages.
There was one Bill in particular to which he METROPOLITAN AND PROVINCIAL would refer, because he knew that some memLAW ASSOCIATION.
bers felt a great interest in it, and regarded it as of considerable importance to the Profession.
He referred to a Bill which enabled parties to We have received a full report of the sell or grant leases of settled estates, but in meetings of this Association, held at Bir- which no provision was made enabling the mingham on the 22nd and 23rd ult. In money to be invested in Consols, nor for pubour last Number we gave a concise notice lic notice to be given of applications to the of the nature of the proceedings, and shall Court of Chancery under the Act. Attention now endeavour to find space for the several was called to this defect, and after some comspeeches which were made and the papers proceeding from the Society were - adopted,
munications and interviews, the suggestions read at these meetings. It will be conre. The Bill, however, ultimately did not pass; and nient to arrange the materials thus brought he only mentioned the circumstance as showing to the consideration of the Profession that in many instances the exertions of the under the several heads to which they re- Society were productive of good, without any late. We propose, therefore, 1st, to notice public testimony being borne to the fact. all that was said or written on the state and Then there was the Bill for the Registration prospects of the Profession of Attorneys and of Judgments, a measure of the greatest importSolicitors ; 2nd, to record the several re
ance in conveyancing matters generally, but marks or suggestions for the amendment or of Durham and Lancaster, because of the ne
more especially of importance to the counties improvement of the Law and the Practice cessity existing that in order to affect lands in of the Profession.
those counties, judgments must be registered Under the first head will be comprised with the officers of the Courts situated within 1. The speech of Mr. Holme Bower, of them, and applying indirectly also to YorkChancery Lane, the Chairman of the Asso- shire, owing to the recent décision that they ciation ;—2. The paper of Mr. Strickland must be registered with the registrars of the Cookson, of Lincoln's Inn, on the means of different ridings in that county; so that in all elevating and improving the Profession ;- double registry. This requirement was quite
cases London judgments would require a 3. The paper of Mr. Bulmer, of Leeds, on new, being introduced for the first time in the state of the Profession ;—and 4. The the Act brought forward last Session, and of paper of Mr. Shaen, the Secretary of the course would occupy the serious attention of Association, on the organization of the Pro- the Society. fession as it ought to be, and as it is.
Another matter which had engaged much of In reporting the address of the Chairman, their attention, as being of the utmost importit will be convenient to give the whole of ance to the whole of the Profession, was that his remarks, whether bearing on the imme- of costs. They would recollect that in 1852 a diate interests of the Profession, or the Par- by the Common Law Procedure Act, which
most important alteration was brought about liamentary measures of the last Session. changed altogether the course of proceeding We proceed then to give
for the recovery of debts at Common Law, and THE CHAIRMAN'S ADDRESS.
was followed in 1854 by another Act which
added to its powers very materially. Under Mr. Bower observed, that as the proceedings those Acts the Judges at Common Law have generally of the Society were stated in the re- fixed the scales of costs, having first called seport which issued in April, it had usually been veral solicitors to their assistance. He beregarded as the duty of whoever might preside lieved that against the scale of costs, as now to review what had passed in Parliament since applied, there was not much to be said, but he the previous meeting of the Association, and to regretted that as regarded another measure ine narrate what had been done from time to time troduced, the Legislature did not adopt a siin the way of watching the progress of the milar course, and act upon the advice of those legal measures introduced. In the course of qualified to advise them. the past twelve months little had been done in He referred to the Bill passed during the the way of alterations in the law as regards last Session, giving an altogether new mode of proceedings in Equity, nor was there much to procedure upon bills of exchange. It was a note as regarded proceedings at Common Law, inost slovenly Act. To prove this he need only
mention that under it a plaintiff is entitled to From the Birmingham Journal. sign judgment before the time for the defendAbridged from the Daily News. ant to appear has expired. Otber provisions