Society of Attorneys of Ireland-Report of the Council. subjects in previous Reports as have either been since brought to a conclusion, or are still in progress, and likewise the results which have attended their exertions with respect to matters which have more recently engaged their attention. In the month of January last, your Council received a communication from the Incumbered Estates Inquiry Commission, accompanied by queries, with respect to which the Commissioners were desirous of obtaining the opinion of this Society. Your Council devoted much attention to the very important considerations and calculations which those queries involved, and endeavoured to embody their replies as succinctly as possible, and, in so doing, they felt the difficulty of dealing in all its bearings with a subject so extensive, and being limited as to time for returning their answers, they could not perhaps give to them all that consideration which their importance demanded; they deem it advisable to publish those Queries and Answers as an Appendix to their Report, and trust the answers will be found to meet the approval of the Society. Your Council do not deem it necessary to offer any observations on the several Bills which were introduced in the last Session of Parliament, by Mr. Whiteside, in relation to proceedings under the Court of Chancery, inasmuch as a measure has since been brought forward by the present Government, purporting to effectuate the same objects, but by a different course of Legislation-it is entitled "A Bill to alter the Constitution, Procedure, and Practice, increase the Powers of, and diminish the expense of Proceedings in the Court of Chancery in Ireland, and to discontinue the Incumbered Estates Court." Your Council have examined the recommendations contained in the Parliamentary Report of the Incumbered Estates Inquiry Commission, which they consider should form the basis of the Legislation proposed by the Bill above referred to, and would urge on their successors, when that Bill is again brought forward, that the 15th recommendation contained in said Report should be most strenuously pressed, viz."That Stamps and Fees upon all Proceedings in Chancery should be abolished, or reduced so much as not to interfere with the dispatch of business or the publicity of the Proceed ings." In the consideration of this very important subject your Council think it right to recur to that portion of the Report of this Society for the year 1853, showing the grounds on which any Reform of the Proceedings of the Court of Chancery should be based, especially as the suggestions put forward by that Report, and the necessity for their being now adopted remain in full force. In the portion of the Report referred to will be found the opinion expressed by the then Lord Chancellor Blackburn, as elicited by the Memorial to his Lordship from this Society, in relation to the oppressive Stamp Duties and 205 Official Fees on the proceedings in the Court of Chancery, namely-"That the Office Fees exacted from the Suitors of the Court of Chancery were much higher than they ought to be, and subject the Suitors to a burthen from which they ought to be liberally relieved." The Report goes on further to observe, that, in consequence of such an opinion, coming from so high an authority, it was deemed advisable to follow up the matter by having a return moved for in the House of Commons, in relation to the Compensation and Fee Fund, and also "of the Suitors' Fee Fund" of the Court of Chancery in Ireland, and which Return was ordered to be printed, on the 30th of May, 1853, from which it appeared that an enormous amount of "Salaries and retired allowances continued to be paid, and in effect swallowed up the entire Fund, which is composed exclusively of Fees exacted from the Practitioners of the Court." And while such was the state of things in this country, it was observed that the Profession in England had lately reason to congratulate themselves and their Clients that the Legislature distinctly recognised and acted on the principle of paying a large part of the expense of administering Justice in the Court of Chancery, at Westminster, out of the Consolidated Fund; for, by the Suitors' Relief Act of 1852, the English Fee Fund in Chancery was relieved from the Salaries of the Judges to the amount of 26,000l. a-year; a relief, however, which was not obtained until our brethren in England had repeatedly petitioned Parliament on the subject, urging that not only the Judges, but the principal, if not all the Officers of the Court, and the expenses of the Court, should be defrayed by the State; and that it was the opinion of the Council of this Society that so long as enormous Salaries and Fees of Office continued to be levied on the Suitors of the Courts, the so much vaunted Law and Equity Reform would never induce the public to believe that Economy and Reform were the real objects of those measures, and that it was as contrary to the principles of Equity, as it was to those of the Constitution, that Justice should be denied, or sold, or delayed; and if the Suitors of our Courts are, in the course of their proceedings, compelled to pay, or unable to pay, enormous and oppressive Official Fees, or Stamp Duties in lieu thereof, "It is in effect a denial of Justice to the poor, a sale of Justice to the rich, and a delay of Justice to all." Your Council should not omit to notice that, in the course of last year, when a Petition from this Society was presented to the Lord Chancellor, his Lordship, through his Secretary, was pleased to intimate to the Society that he was very sensible of the necessity of an alteration in the Fees payable on Drafts, as stated in the Memorial referred to, and would most gladly make such changes in that Fee, and in some other Fees payable by the Suitors, as his Lordship thought called for reduction, but, in the existing state of the Chancery Fee Funds, he felt great difficulty in so doing, 206 Society of Attorneys of Ireland-Report of the Council. having regard to the provisions of the several Statutes on the subject; that his Lordship, however, had made a communication to the Lords of the Treasury, for the purpose of obtaining the immediate relief of those Funds from the larger portion of the charges now fixed upon them, and should that be accomplished, his Lordship hoped to be able to make a general revision of the Fees of the several Offices for the benefit of the Suitors. It is hoped that his Lordship will now be enabled, by the Bill which is before Parliament, to carry out his intentions, and likewise that a power will be given to his Lordship to settle a suitable Table of Fees for Solicitors in proceed ings under the proposed new system. close of the last Session, having for its object the consolidation of the Laws relating to Bankruptcy and Insolvency in Ireland, which it is understood was brought forward by Government, on the suggestion of the Dublin Chamber of Commerce. Your Council have had this Bill under consideration, and recommend to their successors to give so extensive a measure their careful attention when again brought forward in Parliament, as the Bill in question purports to effect a complete consolidation of the Bankruptcy Code, and an amalgamation of the Bankruptcy and Insolvent Jurisdictions. A communication was made to this Society by the Secretary to the "Registration of Title Commission," Abingdon Street, London, on In consequence of the statement in the last the subject of the Registration of Title, with Report of this Society, "that numerous com- reference to the Sale and Transfer of Land, plaints continued to be made of the delays accompanied by a series of questions relative which occur in the Taxation of Chancery costs, to the Registration of Title of Land, as distinand the consequent injury to Suitors and to guished from the Registration of Assurances. the Profession resulting therefrom," a letter After giving to the subject their best considerawas addressed to this Society by the Lord tion and attention, your Council was unaniChancellor's Secretary, requesting to be fur- mously opposed to the measure, as they deemed nished with the substance of the complaints it objectionable in principle, and impracticable made to this Society respecting the Taxation in its details. of Chancery Costs, as fully as would be necessary to put his Lordship in possession of the particular grounds of complaint, and the defects to be remedied. Your Council accordingly communicated with several of the parties who had made complaints on the subject, but, finding them unwilling to have their names mentioned so as to place themselves in the invidious position of public accusers, specific cases of delay could not in consequence be stated, but your Council respectfully submitted to his Lordship that the existence of the grievance complained of was a matter of public notoriety, and capable of being fully and satisfactorily ascertained by his Lordship, should he be pleased to call for a return from the Taxing Masters of the number of Bills of Costs then remaining in the Office untaxed, and the date and lodgment of each, the date of the issuing of the Summons to Tax, and the time when such Summons appears in the Day List for Taxation. A letter similar in substance to that from the Lord Chancellor's Secretary was, at the same time, addressed by the senior Taxing Master to your Council, in answer to which it was deemed advisable to send a copy of the reply which had been forwarded to his Lordship. And it is to be hoped, as the attention of the Court has been drawn to the matter, and as the Taxing Masters had been apprised of the strong feeling existing among the Profession on the subject, as evidenced by the paragraph in question in the last Report of this Society, that a change for the better may be the result, and your Council, therefore, for the present, abstain from further observations, but, at the same time recommend to their successors not to lose sight of a subject of such vital importance, not only to the Solicitors, but to the Suitors of the Court. A Bill was introduced into Parliament at the Some of the recent Law Courts Rules or Orders in relation to Ejectment Services under the Common Law Procedure Act having been found to be objectionable, and a Memorial having been submitted to the Judges on the subject, their Lordships have since modified them, and your Council have lately had an opportunity afforded them of examining them, and have, through the Clerk of the Rules of the Court of Queen's Bench, offered some suggestions as amendments for their Lordships' consideration, which they trust will facilitate the operation of the Rules in question, but as yet they have not been fiated by their. Lordships. At the General Meeting of this Society held after last Easter Term, the subject of certain proposals made by Solicitors in England to Members of the Profession in Ireland to become their Agents in carrying on Suits in this country upon receiving agency charges and a participation of the profits, was again brought under the notice of the Society, when, after considerable discussion, it appeared to be the general feeling of the Meeting that steps should be again taken by this Society to put a check to what appeared to be not only objectionable in practice and injurious to the interests of the Profession in this country, but likewise involved a serious infringement of Statute Law; and under such impression, a Resolution to the following effect was entered into, which your Council was requested to have published with their Report, and which Resolution they trust will meet the approval and co-operation of their brethren, and be acted upon by the Profession, as a body, in both countries: RESOLVED-That having every desire to cooperate with their professional brethren in England in any proposal that should be considered conducive to the elevation of the character of Society of Attorneys of Ireland-Report of the Council. 207 our Profession in each country, but being ad- ject of Legal Education, carried fully into efverse to any arrangement which would tend to fect, and they have since received an intimation destroy that independence of character so ab- from the Under Treasurer of the King's Inns, solutely necessary to the honourable discharge that the Memorial in question has been referred of the duty which we undertake on being ad- to the Education Committee of the Benchers of mitted members of the Profession in Ireland that body for their consideration and report. (even if we did not consider ourselves bound Some cases of great hardship have been subby law so to act), we express our unqualified mitted to the Council of your Society for adopposition to any such proposals being ac- judication, by Members of both branches of quiesced in, and pledge ourselves, as a body, the Legal Profession, with respect to the subnot to enter into any such arrangements, di-ject of retaining Counsel, and in one instance rectly or indirectly; and that for the purpose of carrying out the above object, the Society pledges itself to bring before the notice of the Profession generally every case of the kind which is brought to their knowledge, and that the Council do take all legal means to put a stop to the practice. And your Council are enabled to state, that our brethren in England, upon due consideration of the subject, have very generally acquiesced in the view thus taken by this Society. Your Council have carefully considered various communications made to the Society in relation to proposed improvements in the Education and Examination of persons intending to become Apprentices, which they deem to be a most important subject, and one which has long called for reform to remedy the present system, which has been truly pronounced by the Parliamentary Report of the Select Committee of the House of Commons on the subject of Legal Education, to be most defective and insufficient. It may, therefore, be asserted as a general fact, that the Apprentice is left almost solely to his own individual exertions, industry, and opportunities, and that no suitable Legal Education, worthy of the name, is at this moment afforded him, and that the present test of fitness for admission to the Profession is merely a "Money Test," as to the payment of certain Fees and Stamp Duties, the only mode of ascertaining the acquirements of the intended Apprentice being limited to his making a most vague and unsatisfactory Affidavit that he has been at certain schools, and was instructed in the "usual manner" in such and such books, but without affording any evidence or proof as to the advantages he has derived therefrom. where a very eminent Member of the Bar had accepted a Brief for a Defendant, and after having made himself acquainted with its contents, discovered that he had been previously retained by the Plaintiff, who, notwithstanding what had occurred, insisted on his acting for him. The Counsel in question proposed to be guided by the opinion of the Council of this Society, and on being informed that it was the opinion of your Council that (assuming that he had read the Defendant's Brief, and was therefore acquainted with his case) he should not hold a Brief for the Plaintiff, the gentleman in question, having previously taken a Retainer for the Plaintiff, conceived he could not properly act for the Defendant, and therefore declined being concerned for either party. Other cases of a similar kind have come to the knowledge of your Council, which would render it a matter of very great importance to both branches of the Legal Profession to endeavour, if possible, to have some clearly-defined rule established on the point, as cases of very great hardship both to Solicitors and their Clients (and in some instances to the Members of the Bar) do frequently occur, and which might possibly be guarded against if the attention of the Bar were specially directed to the subject. With respect to your Society's Funds, your Council have endeavoured to keep the Expenditure within the limits of the Receipts, but a claim has been made with respect to some outstanding accounts for repairs and works done to the Solictors' Buildings, which your Council consider should of right be discharged out of the Funds of the Kings' Inns (to which all the Members of our Profession have so long and so largely contributed), and for that purpose they would suggest that a Special Application should be made to the Benchers on the subject, representing that this Society has no Funds at its disposal applicable to such purpose, and respectfully suggesting that steps should be taken by the King's Inns to have the Solicitors' Building placed in the same position, with respect to its maintenance and repair, as is the case with regard to all the other Buildings in connexion with the Courts, and which are placed under the Board of Works, and maintained at the public expense, and are under the constant superintendence of the Architect of that Board, whose duty it is to have all such matters properly attended to at all times as occasion may require. In furtherance of the wishes of the Society, as expressed in the Resolution which was passed at the General Meeting, held in the month of May last, your Council had a communication with the Moral Examiners of the Three Law Courts on the subject, whose opinions appear in favour of an improved system both of qualification and examination; and in pursuance of a further Resolution, adopted at the General Meeting of the Society, held in the month of June last, your Council, on the first day of last Michaelmas Term, presented a Memorial to the Lord Chancellor, the Judges, and the Benchers, seeking to have the recom Your Council regret having occasion to remendations contained in the Parliamentary iterate the complaints which have so frequently Report of the 25th August, 1846, on the sub-been made by their predecessors in Office, of 208 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 it affords are to be obtained on such moderate a guarantee against possible consequences, and 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 applying for aid from its funds for that purpose. NON-PAYMENT OF COUNSEL'S FEES. To the Editor of the Legal Observer. SIR, IT has always appeared to me to be quite as much for the interest of respectable solicitors as for the interest of counsel, that those solicitors who make a practice of cheating counsel of the fees which they receive for them should be exposed, if not compelled to refund. The competition of these rogues would thereby be removed, and the character of the Profession generally not a little elevated in public estimation. Conveyancers of eminence seldom have to complain of the non-payment of their fees, except when it arises from the actual inability of their clients, but those of less standing, though they no doubt often obtain fees by a threat of exposure, are yet, I believe, generally deterred from taking any decided steps by a fear that such conduct would be thought unprofessional. Will you favour me then with your opinion on these points? 1. Is it in any way unprofessional (looking at the matter either as a barrister or as a solicitor would look at it) that a conveyancer who has exhausted every civil means of obtaining payment of an account of five years' standing from a firm (the partners in which have been able to afford to keep their hunters and their pack of harriers) should write directly to the clients of the firm? 2. If by means of those clients or otherwise payment of counsel's fees to the solicitor can be proved (as included in the bills of costs), cannot the counsel recover the fees as money had and received to his use? 3. Would it not be mutually advantageous to both branches of the Profession that something in the nature of a register should be kept by the Law Society or some such body, by which useful information on these subjects might be disseminated? Lincoln's Inn. A CONVEYANCER. [We believe the Council of the Incorporated Law Society take notice of this malpractice; but if the party complained of be not a member, they of course have no power of interference. We understand, however, that an offender of this kind would not be admitted as a member of the Society. We think, in the case put, an action would lie against the attorney for money had and received for the use of the barrister. Whilst the attorneys are properly asserting their rights and privileges, they will doubtless, so far as they can, prevent the malpractice complained of.-ED. L. 0.] HILARY TERM EXAMINATION. THE Examiners of Gentlemen applying to be admitted Attorneys, have appointed Tuesday, the 22nd inst., at half-past nine in the forenoon, at the Hall of the Incorporated Law nation. Society, in Chancery Lane, to take the exami The Articles of Clerkship and Assignment, if any, with answers to the questions as to due service, according to the regulations apfore Thursday, the 17th inst., at the office of proved by the Judges, must be left on or bethe Law Society. Where the articles have not expired, but will expire during the Term, the Candidate may be be left within the first seven days of Term, and examined conditionally; but the articles must answers up to that time. If part of the Term has been served with a Barrister, Special Pleader, or London Agent, answers to the questions must be obtained from them, as to the time served with each respectively. A Paper of Questions will be delivered to each Candidate, containing questions to be answered in writing, classed under the several heads of-1. Preliminary. 2. Common and Statute Law, and Practice of the Courts. 3. Courts. 5. Bankruptcy, and Practice of the Conveyancing. 4. Equity, and Practice of the Courts. 6. Criminal Law, and Proceedings before Justices of the Peace. Each Candidate is required to answer all to answer in three of the other heads of inthe Preliminary Questions (No. 1); and also quiry, viz. :-Common Law, Conveyancing, and Equity. The Examiners will continue the practice of Criminal Law and Proceedings before Justices of proposing questions in Bankruptcy and in 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 consideration in summing up the merit of their general examination. 3. One of the sheets or pieces of paper on which such publication shall be printed shall be stamped with an appropriated stamp, denoting the duty imposed on a newspaper printed on the like number of sheets or pieces of paper, and of the like dimensions with respect to the superficies of the letter-press. Under the New Rules of Hilary Term, 1853, it is provided that every person who shall have given notice of Examination and Admission, and "who shall not have attended to be 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 ordered. This rule has been made in order to avoid the practice of giving double notices. ATTORNEYS' BENEVOLENT IN STITUTION. PROVISION FOR ORPHANS IN THE COUNTRY. To the Editor of the Legal Observer. SIR,-I presume it may have escaped your notice, and therefore you will permit me to draw your attention to the deplorable fact that whilst the orphans of the clergy are in every way provided for, the Legal Profession have nothing else to offer to its distressed members but the workhouse. It is true there is one society whose gifts are limited to the widows and orphans of practitioners in London, but the survivors of deceased solicitors in the country are excluded from its benefits. 6. No such publication shall be printed on pasteboard or cardboard, or on two or more pieces or thicknesses of paper pasted together, nor shall any pasteboard, cardboard, or such pasted paper be transmitted by post with any such publication, either as a back or cover thereto, or otherwise. 7. Every such publication shall be posted within 15 days from the date of its publication. S. No such publication or portion thereof shall be allowed to pass through the post unless it bear a stamp of one penny at the least. 9. Every such publication shall be sent without a cover or in a cover open at the sides. 10. No such publication shall have any word or communication printed thereon after the publication thereof, or upon any cover thereof, nor any writing or marks upon any such publication or the cover thereof, other than the name and address of the person to whom sent; but the name or title of the newspaper or publication and the name and address of the publisher, newsvender, or agent by whom sent, may be printed on the cover of such publi cation. 11. No such publication shall contain any enclosure. Surely it is high time for the Judges, the members of the Bar, and the Profession at 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, I am, Sir, your obedient servant, THE AUTHORESS OF SCRIPTURAL FURTHER POST-OFFICE REGU- PERIODICAL PUBLICATIONS, Including newspapers, transmitted by post be- 2. Every such publication shall be subject to the same limitations and restrictions with respect to the number of sheets or pieces of a postage of 1d., which shall be prepaid by affixing a postage stamp; the free delivery of London for this purpose extends to such places only as are within a radius of three miles from the General Post Office. 13. If any of the foregoing regulations shall be disregarded, any officer of the Post Office may detain the publication for examination until the next mail; if the irregularity shall be found to consist merely in not folding the paper, so as to expose the stamp or stamps, or in posting the publication within the free delivery of the town or place to which it is addressed without prepaying the postage of one penny by affixing a postage stamp thereon, a postage of one penny shall be charged in addition to any other postage to which the publication, if properly folded or posted, would have been liable; in the event of any other irregularity, the publication shall be dealt with |