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Non-payment of Counsel's Fees.-Hilary Term Examination. this Society not being supported by the Pro- Of course there must be proper precautions fession to the extent which might reasonably —such as the name of the counsel complaining, be calculated on, when the advantages which

a guarantee against possible consequences, and it affords are to be obtained on such moderate terms, and its utility is so fully admitted by a communication with the solicitor complained the Members of the Profession, many of whom, of by the Council of the Law Society or other although they have never joined the Society, body keeping the record,—before any name have nevertheless sought to have their griev- should be inserted among the “ black sheep.” ences redressed through its agency, and in some instances have even gone the length of ap

Lincoln's Inn. A CONVEYANCER. plying for aid from its funds for that purpose. [We believe the Council of the Incorporated

Law Society take notice of this malpractice ; NON-PAYMENT OF COUNSEL'S but if the party complained of be not a memFEES.

ber, they of course have no power of inter

ference. We understand, however, that an ofTo the Editor of the Legal Observer. fender of this kind would not be admitted as a Sir,-It has always appeared to me to be member of the Society. We think, in the case quite as much for the interest of respectable put, an action would lie against the attorney solicitors as for the interest of counsel, that for money had and received for the use of the those solicitors who make a practice of cheat- barrister. Whilst the attorneys are properly ing counsel of the fees which they receive for asserting their rights and privileges, they will them should be exposed, if not compelled to doubtless, so far as they can, prevent the malrefund.

practice complained of.—ED. L. 0.] The competition of these rogues would thereby be removed, and the character of the

HILARY TERM EXAMINATION. Profession generally not a little elevated in public estimation.

The Examiners of Gentlemen applying to be Conveyancers of eminence seldom have to admitted Attorneys, have appointed Tuesday, complain of the non-payment of their fees, the 22nd inst., at half-past nine in the foreexcept when it arises from the actual inability noon, at the Hall of the Incorporated Law of their clients, but those of less standing, nation.

Society, in Chancery Lane, to take the examithough they no doubt often obtain fees by a The Articles of Clerkship and Assignment, if threat of exposure, are yet, I believe, generally any, with answers to the questions as to deterred from taking any decided steps by a due service, according to the regulations apfear that such conduct would be thought un- fore Thursday, the 17th inst., at the office of

proved by the Judges, must be left on or beprofessional.

the Law Society. Will you favour me then with your opinion Where the articles have not expired, but will on these points ?

expire during the Term, the Candidate may be 1. Is it in any way unprofessional (looking be left within the first seven days of Term, and

examined conditionally; but the articles must at the matter either as a barrister or as a soli- answers up to that time. If part of the Term citor would look at it) that a conveyancer who has been served with a Barrister, Special has exhausted every civil means of obtaining Pleader, or London Agent, answers to the payment of an account of five years' standing questions must be ohtained from them, as to from a firm (the partners in which have been

the time served with each respectively.

A Paper of Questions will be delivered to able to afford to keep their hunters and their each Candidate, containing questions to be pack of harriers) should write directly to the answered in writing, classed under the several clients of the firm ?

heads of-1. Preliminary. 2. Common and 2. If by means of those clients or otherwise Conveyancing. 4. Equity, and Practice of the

Statute Law, and Practice of the Courts. 3. payment of counsel's fees to the solicitor can Courts. 5. Bankruptcy, and Practice of the be proved (as included in the bills of costs), Courts. 6. Criminal Law, and Proceedings cannot the counsel recover the fees as money

before Justices of the Peace. had and received to his use?

Each Candidate is required to answer all 3. Would it not be mutually advantageous to answer in three of the other heads of in

the Preliminary Questions (No. 1); and also to both branches of the Profession that some- quiry, viz. :-Common Law, Conveyancing, and thing in the nature of a register should be kept Equity, by the Law Society or some such body, by proposing questions in Bankruptcy and in

The Examiners will continue the practice of which useful information on these subjects Criminal Law and Proceedings before Justices of might be disseminated ?

Attorneys' Benevolent Institution. Further Post Office Regulations.

209 the Peace, in order that Candidates who may paper whereon it shall be printed, and with rehave given their attention to these subjects, may spect to the superficies or dimensions of the have the advantage of answering such ques- letter-press as are now imposed by law on tions, and having the correctness of their an- newspapers and supplements thereto. swers in those departments taken into consi- 3. One of the sheets or pieces of paper on deration in summing up the merit of their ge- which such publication shall be printed shall neral examination.

be stamped with an appropriated stamp, denot. Under the New Rules of Hilary Term, 1853, ing the duty imposed on a newspaper printed it is provided that every person who shall on the like number of sheets or pieces of have given notice of Examination and Admis- paper, and of the like dimensions with respect sion, and “who shall not have attended to be to the superficies of the letter-press. examined, or not have passed the Examination, 4. The title and the date of publication shall or not have been admitted, may within one be printed on the top of every page of such WEEK after the end of the Term for which such publication. notices were given, renew the notices for Exa- 5. When posted, every such publication mination or Admission for the then next en- shall be so folded that the whole of the stamp suing Term, and so from time to time as he shall be exposed to view, and be distinctly shall think proper;” but shall not be admitted visible on the outside thereof. until the last day of the Term, unless otherwise 6. No such publication shall be printed on ordered. This rule has been made in order to pasteboard or cardboard, or on two or more avoid the practice of giving double notices. pieces or thicknesses of paper pasted together,

nor shall any pasteboard, cardboard, or such

pasted paper be transmitted by post with any ATTORNEYS' BENEVOLENT IN- such publication, either as a back or cover STITUTION.

thereto, or otherwise.

7. Every such publication shall be posted PROVISION FOR ORPHANS IN THE COUNTRY. within 15 days from the date of its publication. To the Editor of the Legal Observer.

8. No such publication or portion thereof Sir,- I presume it may have escaped your less it bear a stamp of one penny at the least.

shall be allowed to pass through the post unnotice, and therefore you will permit me to draw 9. Every such publication shall be sent your attention to the deplorable fact that whilst without a cover or in a cover open at the sides. the orphans of the clergy are in every way pro

10. No such publication shall have any word vided for, the Legal Profession have nothing else publication thereof, or upon any cover thereof,

or communication printed thereon after the to offer to its distressed members but the work- nor any writing or marks upon any such pubhouse. It is true there is one society whose lication or the cover thereof, other than the gifts are limited to the widows and orphans of name and address of the person to whom sent; practitioners in London, but the survivors of lication and the name and address of the pub.

but the name or title of the newspaper or pubdeceased solicitors in the country are excluded lisher, newsvender, or agent by whom sent, from its benefits.

may be printed on the cover of such publiSurely it is high time for the Judges, the cation. members of the Bar, and the Profession at

11. No such publication shall contain any

enclosure. large, to remove this blot on their wealth and

12. If such publication shall be addressed to influence.

any person within the free delivery of the town Trusting this subject will now receive the due or place where it is posted, it shall be liable to consideration which it merits,

a postage of id., which shall be prepaid by I am, Sir, your obedient servant,

affixing a postage stamp; the free delivery of

London for this purpose extends to such places THE AUTHORESS OF

only as are within a radius of three miles from MUSINGS,” &c.

the General Post Office.

13. If any of the foregoing regulations shall FURTHER POST-OFFICE REGU. be disregarded, any officer of the Post Office LATIONS.

may detain the publication for examination until the next mail; if the irregularity shall be

found to consist merely in not folding the PERIODICAL PUBLICATIONS,

paper, so as to expose the stamp or stamps, or Including newspapers, transmitted by post be in posting the publication within the free detween places within the United Kingdom.

livery of the town or place to which it is ad1. All such publications shall be printed and dressed without prepaying the postage of one published at intervals not exceeding 31 days penny by affixing a postage stamp thereon, a between any two consecutive parts or numbers postage of one penny shall be charged in adof such publication.

dition to any other postage to which the pub2. Every such publication shall be subject lication, if properly folded or posted, would to the same limitations and restrictions with re have been liable; in the event of any other irspect to the number of sheets or pieces of regularity, the publication shall be dealt with



210 Correspondence.-Inconvenience of the Law Courts.-Notes of the Week. in accordance with the regulations contained which good faith is everything, than in the in the Treasury warrant of the 4th day of June, 104th section; and that it is much to be re1835,' relating to the transmission by post of gretted their provisions were not assimilated book packets between places within the United by the framers of the Act-in question, as much Kingdom.

confusion and chicanery might have been 14. Unstamped publications or stamped thereby avoided. publications which shall have been published

A CAREFUL OBSERVER. more than 15 days, may be forwarded between places within the United Kingdom, under the

INCONVENIENCE OF THE LAW regulations contained in the said Treasury warrant, relating to the transmission by the post

COURTS. of book packets between places within the United Kingdom.

COURT OF BANKRUPTCY. 15. All the foregoing orders and regulations It will be in the recollection of persons shall be applicable to such publications as are or shall be published in the Islands of Guernsey, having had business at the Court of Bank. Jersey, Alderney, Sark, and the Isle of Man. ruptcy, that it is arranged with a view to the

requisite accommodation of six Courts. By SELECTIONS FROM CORRE- the provisions of the Bankruptcy ConsolidaSPONDENCE.

tion Act the Courts must at no very distant

day be reduced to four in number. InconveDOUBTFUL DECISION.-NOTICE OF ADJUDI- nience is felt throuhgout the year from the

smallness of the six existing Courts, and To the Editor of the Legal Observer.

during the summer months the public health ŞIR.-It would seem a very presumptuous must necessarily suffer from the unwholesome task for any one to question the legal decisions of such a learned body of men as our Judges atmosphere consequent upon confined and illare, and I therefore suppose they were per

ventilated rooms. An endeavour is being fectly justified, according as the law stands, in made to remedy these evils, and, with this arriving at the decision they did in the recent view a plan for converting the six small Courts case of Davidson and Gordon, on appeal before into four adapted to the requirements of the the Exchequer Chamber. But it seems clearly to me to have been the intention of the Legis- case has been prepared. lature that one notice of any adjudication of It is not undeserving of remark that, in most bankruptcy served on the person of one of the of its public Courts, the Metropolis is greatly bepartners, both being bankrupts, should be a hind many of even the smaller class of provincial valid and sufficient notice, and that it was an oversight on the part of the framers of the Act towns. This probably arises, in many instances in not expressly declaring this; for by the 78th from the difficulty of obtaining the required section of the Bankrupt Consolidation Act, space; when, however, that is not wanting, it is 1849, the delivery of the particulars of a credi- but due to the metropolis as well as to the pubtor's demand, with a notice requiring payment to any one of the partners personally, shall belic, that that space should be made the best of, sufficient to authorise the Court to issue a sum- especially in a Court like that of the Court of mons against other of such partners. And this Bankruptcy, situate as it is in the heart of the appears to be the most reasonable provision of confined city of London, and being frequented the two ; for partners, as far as their Acts re- almost every day throughout the year by the late to the joint concern, have ever been considered in the eye of the law almost in the light mercantile public. of one person, and the policy of the law has We extract these remarks from the Daily been to make one partner answerable for the Papers, and are glad that the attention of the acts of another, so as to give no loophole for Public is thus called to evils of which the Profraud and deception to creep in. I do not mean to deny that the proceedings against the fession has long complained. bankrupts being penal the Judges were bound to take alone the strict construction of law and

NOTES OF THE WEEK. the one most favourable to the prisoners. Nor do I mean to deny that it is the invariable custom to serve separate duplicates upon each partner in a bankruptcy. All I mean to assert

G. W. Bramwell, Esq., Q.C., of the Home is, that in one section of the Act (the 78th) a Circuit, has been appointed a Baron of the provision is made, as respects partners, very Court of Exchequer, on the retirement of the much more in accordance with the learning as Right Hon. Sir James Parke, created a peer. regards partnerships, and in a more liberal Mr. Bramwell was called to the Bar by the spirit as regards mercantile transactions, in Hon. Society of Lincoln's Inn, on the 4th

May, 1838.
See 50 L. O., page 245.

It was confidently reported last week that


Notes of Week.Superior Courts : Lords Justices.—V.C. Wood.- Queen's Bench. 211 Mr. Watson would receive the appointment, the claim of some lucky barrister having a valid according to the desire of several members claim upon the patronage of the Government. of the Cabinet ; but the Lord Chancellor, who Mr. Sausse was called to the Bar in Ireland in has the responsibility of the selection, de- Trinity Term, 1829, and appointed a Queen's cided in favour of Mr. Bramwell, one of the Counsel on the 13th February, 1849. Common Law Commissioners. We beliere it Sir Colman O'Loghlen has been appointed is generally wished that Mr. Watson should to the chairmanship of Carlow, and Robert be the next Judge.

Andrews, Esq., LL.D., Q.C., has been moved

from Carlow to Wexford. NEW JUDGE OF THE COUNTY COURT. Mr. Serjeant Miller has been appointed

COUNTY COURT JUDGES. Judge of the Leicestershire County Court There have been no less than dine vacan. (Circuit No. 20), in the room of Mr. J. D. cies among the County Court Judges in four Burnaby, deceased. Mr. Miller was called to years; five have died and four have resigned. the Bar by the Hon. Society of the Middle There have died, Messrs. Chilton, Carrow, Temple on the 10th of November, 1826. Hildyard, Wing, and Burnaby, and there have

resigned, Messrs. Amos, Wilkinson, Palmer, IRISH LAW APPOINTMENTS. and Elsley. To succeed these Lord St.

atth. w R. Sausse, Q. C., formerly Crown Leonards appointed two, namely, Messrs. Prosecutor on the Leinster Circuit, has been Adolphus and Taylor; and Lord Cranworth appointed to a seat on the Judicial Bench bas appointed Messrs. Losh, Cooke, Lonsdale, at Bombay. The salary is 6,0001. a.year, and Willmore, Temple, Sir E. Wilmot, and Mr. Sir William Jeffcott, Recorder of Penang, an- Serjeant Miller.-- From The Times. other member of the Irish Bar, had been recently promoted to that office, but he died be- SOLICITORS ELECTED AS MAYORS. fore he heard of his advancement. By the Blandford.-Mr. W. C. Fincham (for the promotion of Mr. Sausse, the chairmanship of third time). the county of Wexford becomes vacant, and an Chippenham.-Mr. T. A. Fellows. opportunity will thus be afforded of satisfying Devizes.-Mr. John E. Hayward.



Lords Justices.

Bacon and T. Stevens in support ; Elmsley Mackintosh v. Great Western Railway Com- and Hetherington, contrà. pany. Dec. 17, 1855.

The Lords Justices said, that the Vice

Chancellor's decision was right, and dismissed DEPOSITIONS BENE ESSE.- PUBLICA


Vice-Chancellor Uwood. On appeal from and confirming the decision of Vice-Chancellor Stuart, order to pub

Maynard v. Frazer: Nov. 17, 1855. lish, with lecve to the plaintiff or defend

MOTION FOR INJUNCTION.-LEAVE TO ants to use at the hearing (saving all just

SERVE NOTICE OF.-FILING BILL. exceptions) the depositions of a witness Application granted for leave to serve notice de bene esse in a suit which was substan- of motion for an injunction, as the matter tially between the same parties and relating was very urgent, although the bill had not to the same subject matter, although such yet been filed, but upon an undertaking to suit had been dismissed on the plaintiff do so after service effected. neglecting to elect whether he would pro- This was an application for leare to serve. ceed at Law or in Equity. It appeared notice of motion for an injunction, as the matthat the witness in question was in the in- ter was very urgent, although the bill bad not terior of the colony of the Cape of Good yet been filed. Hope, and could not conveniently be com- De Gex in support. municated with.

The Vice-Chancellor granted leave accord. This was an appeal from Vice-Chancellor ingly, but upon an undertaking that the bill Stuart (reported ante, p. 78), ordering the should be filed when service was effected. publication (saving all just exceptions, and with leave to the plaintiff or the defendants to

Court of Queen's Bench. use the same on the hearing in this suit) of Bell v. Postlethwaite. Nov. 23, 1855. the depositions of a witness who was now in

COMMON LAW PROCEDURE ACT, 1854.-REthe interior of the colony of the Cape of Good Hope, and could not be conveniently communicated with, and which had been taken de bene esse in a suit substantially between the

Rule absolute for leare to amend an order of same parties and relating to the same subject

reference under the 17 8: 18 Vict. c. 125, matter. It appeared that the bill in such pre

$. 3, by the insertion of a clause envious suit had been dismissed upon the plain

powering the arbitrator to award costs. tiff neglecting to elect whether he would pro- This was a rule nisi for leave to amend an ceed at Law or in Equity.





Superior Courts: Queen's Bench. - Common Pleas.-Exchequer. order of reference under the 17 & 18 Vict. c. | any lands of any tenure or any such money as 125, s. 3, by the insertion of a clause em- aforesaid, or in regard to any estate in any powering the arbitrator to award costs. lands of any tenure or in any such money as

L. Temple showed cause against the rule, aforesaid, as fully and effectually as she could which was supported by Jacobs.

do if she were a feme sole ; save and except The Court made the rule absolute.

that no such disposition, release, surrender, or

extinguishment shall be valid and effectual Court of Common Pleas.

unless the husband concur in the deed by In re Squires. Nov. 22, 1855.

which the same shall be effected, nor unless FINES' AND RECOVERIES

the deed be acknowledged by her as herein. ACT.-MARRIED


Phipson in support. Motion refused for a rule on the Registrar of

The Court refused the motion. the Acknowledgments of Married Women to file the certificate of an acknowledgment of

Court of Erchequer. a mortgage-deed, without the consent of her husband, by Mrs. S., who required the

Greaves v. Bishop. Nov, 22, 1855. mortgage-money to pay certain debts of her BANKRUPT CONSOLIDATION ACT.father under whose will she was entitled, PROTECTION, WITHOUT CERTIFICATE.where it appeared that her husband, al- SUBSEQUENT DEBTS. though he had been for three years in Aus- A bankrupt who had obtained protection, altralia, wrote to her occasionally here, and though not his certificate, from the Bank. allowed her 8l. a-year.

ruptcy Court, suffered a judgment in an This was a motion for a rule on the Regis. action on a bill of exchange giden subsetrar of Acknowledgments of Married Women quently thereto : Held, refusing a rule nisi to file the certificate of an acknowledgment of for his discharge, that he was liable to be a mortgage-deed, without the consent of her arrested thereunder-the protection not aphusband, by Mrs. Squires, who it appeared re- plying to debts contracted after the bank. quired the mortgage-money to pay certain ruptcy. debts of her father, under whose will she was This was a motion for a rule nisi to dis. entitled. it appeared that her husband had charge the defendant out of custody, upon his gone to Australia about three years since, but being arrested on a judgment in an action that he occasionally wrote to her here, and al- brought on a bill of exchange since he had oblowed her sl. a year.

tained protection from the Bankruptcy Court, By s. 77 of the 3 & 4 Wm. 4, c. 74, it is although he had not obtained his certificate. enacted, that “after the 31st December, 1833, By the 12 & 13 Vict. c. 106, s. 112, it is it shall be lawful for every married woman in enacted, that "if the bankrupt be not in prison every case, except that of being tenant in tail or custody at the date of the adjudication, he for which provision is already made by this shall be free from arrest or imprisonment by Act, by deed to dispose of any lands of any any creditor in coming to surrender, and after tenure and money subject to be invested in the such surrender, during the time by this Act purchase of, ands, and also to dispose of re- limited for such surrender, and for such furlease, surrender, or extinguish, any estate which ther time as shall be allowed him for finishing she alone, or she and her husband in her right, his examination, and for such time after finishmay have in any lands of any tenure or in any ing his examination until his certificate be alsuch money as aforesaid, and also to release lowed as the Court shall from time to time by or extinguish any power which may be vested indorsement upon the summons of such bankin, or limited, or reserved to her in regard to rupt think fit to appoint;" "and where any | Which enacts, that “ If it be made appear, has surrendered and obtained his protection

person who has been adjudged bankrupt, and at any time after the issuing of the writ, to the from arrest, is in prison or in custody for debt satisfaction of the Court or a Judge, upon the application of either party, that the matter in at the time of his obtaining such protection dispute consists wholly or in part of matters of the Court may,” “order his immediate release mere account, which cannot conveniently be

either absolutely or upon such conditions as it tried in the ordinary way, it shall be lawful for shall think fit;” and by s. 113, that “ if any such Court or Judge, upon such application, if bankrupt shall be arrested for debt or on any they or he think fit, to decide such matter in a escape warrant in coming to surrender, or shall summary manner, or to order that such matter, order of the Court be so arrested, he shall on

after his surrender and while protected by either wholly or in part, be referred to an arbitrator appointed by the parties, or to an

producing such protection to the officer who officer of the Court, or, in country cases, to the shall arrest him, and giving such officer a copy Judge of any County Court, upon such terms

thereof, be immediately discharged.” as to costs and otherwise as such Court or

Prideaux in support. Judge shall think reasonable ; and the decision

The Court (after taking time to consider) or order of such Court or Judge, or the award said, that the protection did not operate in reor certificate of such referee, shall be enforce- spect of fresh debts, and that the defendant able by the same process as the finding of a was therefore liable to be taken in execution. jury upon the matter referred."

The rule was accordingly refused.

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