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Professional Remuneration-Opinions of the Law Amendment Society.
23 made by the Lord Chancellor with the ad- the interest of all branches of the Profession vice of the Master of the Rolls and the that legal documents should be as short and Vice-Chancellors. 3
clear as possible."
The Law Amendment Society had referPROFESSIONAL REMUNERATION. red to a Special Committee « to consider
the present relation between the Bar, the OPINIONS OF THE LAW AMENDMENT
Attorney, and the Client; and to report SOCIETY.
whether and what alterations can be The new number of the Law Review lic; and the reviewer observes that
made therein with advantage to the pubcomprises articles on the following subjects :-1. Judicial Orators and Writers in “ It has been more than once affirmed in this France. 2. Anonymous Writing. 3. Mi- catalogue of legal improvements, that the chief nister of Justice. 4. History of the Law test of reform will be the mitigation of the atAmendment Society. 5. Digest of the Law borne out by the report, which states that the
torney's bill. This observation seems fully of Scotland. 6. Statute Law Commission. method of charging by the length of documents, 7. Laws relating to Women. 8. Letter and by the number of steps, lies at the very from Lord Brougham. 9. History of Ju- root of the expensiveness of legal proceedings; risprudence. 10. Mettray and M. De Metz and they (the Committee] believe that, until an in England. 11. Principles of Jurispru- adequate remedy is applied, no law reform whatdence. 12. Local Government.—Metropo, in reasonable limits. These habits of taking the
ever will succeed in reducing law expenses withlitan Board of Works. 13. International length of documents, and the charges for in. Commercial Law. 14. Hon. Mrs. Norton's dividual items or steps as the staple of the bill, Letter. 15. Refugees in England. 16. Ad- are, in the eyes of the Committee, distinctive judged points. 17. Events of the Quarter. claims on the part of the attorney when com
This is a comprehensive bill of fare for pared with the demands of other labourers. the legal reader. We shall confine ourselves First, the attorney gains in proportion to the to an important part of the article on the length of his work, whence it' follows that History of the Law_ Amendment Society stupidity and ignorance reap better fruits than (of which the Law Review is the organ); does not make up his bill per saltum, but namely, “Professional Remuneration.” We seriatim. Each article is the subject of a sethink that the views of the Law Amend- parate entry. He relies in Court business ment Society on this subject should be upon the scale of costs allowed on taxation, brought to the notice of our readers. Many and in conveyancing upon, we may say, ale of the members of that society are eminent though the Committee do not so report it, the solicitors, though the larger part are bar- latitude of his conscience. Thirdly, his charges risters; and it is fair to notice that
are compulsory in many cases, as where the this subject of professional remuneration - Fourthly, instead of being subject to the re
losing party has to pay his adversary's costs.' which in fact aims at cheapening law charges vision of a competent tribunal, his demand is in all departments to the lowest possible reviewed by gentlemen who have at some amount,—the Law Amendment Society in- time or other followed his own profession.”” clude as well the reduction of the fees of
It is well known that in consequence of counsel, special pleaders and conveyancers the expedition required in copying convey (meaning, we suppose, conveyancers at the ancing deeds, cases, briefs, and pleadings, Bar), as those of attorneys and solicitors. the solicitors largely employ law stationers Quoting from the Report of the Committee (generally a very respectable body of men) of the Law Amendment Society, it is said to assist them, and the law stationers have
“The observations which have been before in their employ, or are in communication made in the case of solicitors, in respect to with, a sufficient number of writers to copy payment in proportion to length, will apply these papers within the time required. The with nearly equal force to counsel, special solicitor is responsible for the accuracy of pleaders, and conveyancers; and your mittee having already expressed their opinion these copies, whether written by his own that that method of payment should be entirely clerks or the law stationer. It will be seen abandoned in all branches of the law, consider in the following extracts from the Law Rethat the fees to be paid to counsel, special view, that it is proposed the Solicitor should pleaders, and conveyancers, should be regulated charge no more than the actual disburseby the same criterion as in the case of solicitors ment to the law stationer, which is called and attorneys. And if this suggestion were the market value” of the work! adopted, they think it would be found to be to
“ The Committee look upon the practice of These orders have not yet been made.
24 Professional Remuneration.-New Statutes effecting Alterations in the Law. multiplication, and by referring to the compa- NEW STATUTES EFFECTING ALrative cost of copying and engrossing, as be- TERATIONS IN THE LAW. tween solicitiors and law stationers, they show that whilst the attorney is beguiled into an in
LAWS OF BURIAL. crease of his work on the one hand, he is overpaid for it on the other. A table is given as
18 & 19 VICT. C. 128. a proof of this great difference of gain on the
The preamble recites the 15 & 16 Vict. solicitor's side. It shows,' we are quoting c. 85; 16 & 17 Vict. c. 134 ; and 17 & 18 from the report, that the attorney charges, Vict. c. 87. and is allowed on taxation, sums varying from three and one-third to four times the amounts
Orders in Council under the recited Acts charged by the law stationer,—that is, from may be varied by like orders; s. l. three and one-third or four times the market Penalty on persons burying contrary to value of his commodity. And your Committee the provisions of Orders in Council; s. 2. feel the more bound to put this fact promi- Power to church wardens to call vestry nently forward, inasmuch as the Judges have, meetings for providing. burial grounds. so lately as in Hilary Term, 1853, in their di- Where Order in Council has been made, or rections to the Taxing Masters, expressly au. notice given to apply to the Privy Council thorised this rate of payment.'
“The report then gives a solicitor's bill of for closing burial grounds, churchwardens costs for a common lease of 30 folios, or 10 shall call a meeting of vestry ; s. 3. skins,'
Vacancies in burial board to be filled “The bill contains 31. 38. 4d. for the solici- by vestry within a month ; s. 4. tor's professional skill; 21. 10s. for copying ; Monthly meetings of boards repealed; and 21. 6s. 8d, for materials, monies paid, &c. And of this ll. 108, only is for the preparation
Sanction of vestry not required for exof the important document itself. Now, if 11. 10s. be a sufficient remuneration for draw. penditure and other acts of burial board in ing the document, surely 21. 108, must be more certain cases ; s. 6. than a proportionate remuneration for its trans- Fees, &c., to be subject to the approval cription and engrossment.'
of Secretary of State ; s. 7. * The saving is estimated by the Committee Secretary of State may direct inspection at 29 two-tenths per cent., admitting the law of burial grounds. Penalty for obstructing stationer's charges as a substitute for those of inspector or violating regulations ; s. 8. the solicitor in respect of the copying, engross. ing, and parehment, and yielding up to the repealed. Burial ground not to be within
Part of sect. 24 of 15 & 16 Vict. c. 85, attorney the full amount of his draft.
100 yards of a dwelling-house : s. 9. We deem it necessary that the solicitors If ratepayers resolve, land for new burial should be made acquainted with these views ground may be conveyed and settled as old of Professional Remuneration," emanating burial ground; s. 10. from the Law Amendment Society. The How burial grounds are to be provided Law Reviewer thus proceeds :
for united parishes ; s. 11. “The report recommends the abolition of
Burial boards may be appointed for townall proportionate charges in all branches of ship, &c. (not separately maintaining their law, with reference to mere length, except in own poor) which have had separate burial the case of necessary copying and engrossing, grounds ; s. 12. which should be the same as those of the law Provision for expenses of burial boards of stationers. Charges in proportion to the num- places not separately maintaining their own ber of steps or attendances should be restricted within the narrowest possible limits.
poor; s. 13. The
No obligation to build a chapel for percharge for drawing or preparing all documents, and pleadings, should include the instructions sons not members of the Church of Engand necessary copies and attendances; and land when Secretary of State, upon reprewhen a document is settled by counsel, no other sentation of three-fourths of restry, declares charge for drawing should be allowed. The it unnecessary ; s. 14. skill and labour, moreover, and not the length Assessment to local rates not to be inof a document, should be considered by the creased after purchases for the purposes of Taxing Masters. The Committee then refer this or any former Act; s. 15. to Lord Brougham's Acts, and to the scale of costs under the new County Courts Act, and
Separate burial boards whose burial suggest that if some better arrangement be not grounds adjoin may contract with each adopted in regard of taxation, the ordinary other for specific purposes ; s. 16. tribunal of a jury will have to be substituted Burial board may let land not required for that of the Taxing Master.?"
for burials; s. 17.
Burial board to keep in order closed burial grounds, &c. ; s. 18.
New Statutes effecting Alterations in the Law.
25 Act not to abridge powers of local boards / ground shall be provided for the parish; and of health, &c. ; s. 19.
where any Order in Council has been made Local boards of health to exercise powers before the passing of this Act for discontinuing of this Act; s. 20.
burials (wholly or subject to any exception or Acts to be construed together; s. 21.
qualification) in any burial ground of any parish for which no burial board has been ap
pointed, or notice has been given of the intenThe following are the Title and Sections tion of the Secretary of State to make a repreof the Act:
sentation to her Majesty in Council that burials
should be discontinued (wholly or subject to An Act further to amend the Laws concerning any exception or qualification) in any burial the Burial of the Dead in England.
ground of any parish, the churchwardens or [14th August, 1855]
other persons to whom it belongs to convene Whereas an Act was passed in the Session of meetings of vestry shall, with all convenient Parliament holden in the 15 & 1o Vict. c. 85, speed after the passing of this Act, convene a “to amend the Laws concerning the Burial of meeting of the vestry for the purpose aforesaid; the Dead in the Metropolis ;” and an Act was and where at any time hereaiter notice is given passed in the Session of Parliament holden in of the intention of the Secretary of State to the 16 & 17 Vict. c. 134, “ to amend the Laws make a like representation in relation to a burial concerning the Burial of the Dead in England ground of any parish, such churchwardens or beyond the Limits of the Metropolis, and to other persons as aforesaid shall forthwith conamend the Act concerning the Burial of the vene a meeting of the vestry for the purpose Dead in the Metropolis ;” and an Act was aforesaid ; and all the provisions of the said passed in the 17 & 18 Vict. c. 87, “to make Acts as amended by this Act relating to and further Provisions for the Burial of the Dead consequent upon vestry meetings convened in England beyond the Limits of the Metro- upon such requisition as provided by the firstpolis :” And whereas it is expedient that recited Act shall be applicable to vestry meetfurther provision should be made for the ings convened under this enactment. burial of the dead, and that the said Acts 4. Every vacancy in any burial board shall should be amended: Be it therefore enacted, be filled up by the vestry appointing the same as follows:
within one month after such vacancy shall have 1. It shall be lawful for her Majesty, by and happened, and immediately on the occurrence with the advice of her Privy Council, from time thereof the same shall be notified by the burial to time to postpone the time appointed by any board to the churchwardens or other persons Order in Council for the discontinuance of to whom it belongs to convene meetings of the burials, or otherwise to vary any Order in vestry; and in case any such vestry shall negCouncil made under any of the said recited lect to fill up any such vacancy, the vacancy Acts or this Act (whether the time thereby may be filled up by the burial board at any appointed for the discontinuance of burials meeting thereof; and every person to be apthereunder or other operation of such order pointed to supply any such vacancy shall be a shall or shall not have arrived), as to her Ma- ratepayer of the parish for which the burial jesty, with such advice as aforesaid, may seem board is appointed ; and every such board may fit; and every order of her Majesty in Council act for any purpose, notwithstanding any vamade before the passing of this Act for varying cancies therein. any order previously made under the said Acts 5. So much of section 13 of the 13 & 16 or any of them shall be deemed valid and ef- Vict, as requires that the burial board shall fectual in law.
meet once at least in every month shall be re2. If any person, after the time mentioned pealed. in any Order in Council under the said Acts or 6. If the vestry of any parish shall refuse or any of them, or this Act, for the discontinuance neglect to authorise the expenditure of such of burials, shall knowingly and wilfully bury sums as the burial board of such parish shall any body or in anywise act or assist in the have declared to be necessary for providing burial of any body in any church, chapel, and laying out a burial ground, and bailding churchyard, burial ground, or place of burial the necessary chapel or chapels therein, it shall or (as the case may be) within the limits in be lawful for such burial board to represent which burials have by such orders been or- such refusal or neglect to one of her Majesty's dered to be discontinued, in violation of the principal Secretaries of State; and in case it provisions of any such order, every person so shall appear to the Secretary of State, after inoffending shall, upon summary conviction he- quiry into the circumstances of the case, that fore two justices of the peace, forfeit a sum not the burial board are unable to provide such exceeding 101.
burial ground, or to proceed effectually in the 3. The churchwardens or other persons to execution of their duties, by reason of such rewhom it belongs to convene meetings of the fusal or neglect, it shall be lawful for such Sevestry of any parish in which no burial board cretary of State, by warrant under his hand, to has been appointed may, at any time, at their authorise such burial board, without further discretion, without requisition of ratepayers for authority, sanction, or approral of or by such that purpose, convene a meeting of such vestry vestry, to expend such sums of money for profor the purpose of determining whether a burial viding and laying out a burial ground, and
New Statutes effecting Alterations in the Law. building the necessary chapel or chapels there. I to the same laws and regulations in all respects on, and to borrow and charge such money for as the existing burial ground or churchyard of all or any of such purposes, and to enter into the said parish, the land for such new burial and make such contracts and purchases, and ground may be conveyed and settled in acdo such other acts as under the sections 19, 20, cordance with such resolution, anything in this 26, and 42 of the said Act of the 15 & 16 Vict. or the said recited Acts notwithstanding, and might have been expended, borrowed, and in such case it shall not be necessary to set charged, entered into, made, and done with apart to remain unconsecrated any portion of the authority, approval, and sanction of such the land so conveyed and settled : Provided vestry, subject, nevertheless, to such limitation always, that if at any time within 10 years of amount or other limitation or restriction as thereafter the vestry, duly convened under the such Secretary of State may by his warrant provisions of this Act in pursuance of public prescribe; and all acts done in pursuance of notice duly given in that behalf, should detersuch warrant shall be as valid and effectual as mine that an unconsecrated burial ground if the authority, approval, and sanction of such should be also provided for such parish, all vestry had in every case been obtained. the powers and provisions of the said recited
7. All such fees, payments, and sums as Acts and this Act may be put in force and may be fixed, settled, and received by any shall be applicable for providing such unconburial board under section 34 of the said Act secrated burial ground separately, in like manof the 15 & 16 Vict., shall be so fixed and ner as they might have been put in force and settled subject to the approval of one of her been applicable for providing an ordinary Majesty's principal Secretaries of State; and burial ground for such parish. no such fees, payments, or sums shall be al- 11. Where a parish or place has been united tered or varied without such approval. with any other parish or place, parishes or
8. It shall be lawful for one of her Majesty's places, for all or any ecclesiastical purposes, or principal Secretaries of State from time to time where two or more parishes or places have to appoint and authorise any person to inspect heretofore had a church or a burial ground for any burial ground or cemetery, parochial or their joint use, or where the inhabitants of sepon-parochial, or place for the reception of veral parishes or places have been accustomed bodies, to ascertain the state and condition to meet in one vestry for purposes common to thereof, and where regulations in relation there such several parishes or places, it shall be lawto have been made or may be made by the Se- ful for the vestry or any meeting in the nature cretary of State under the said Acts or any of of a vestry of such several parishes or places in them, to ascertain whether such regulations any of the cases aforesaid, and whether any have been observed and complied with; and if one or more of such parishes or places do or any person having the care of any such burial do not separately maintain its own poor, to apground or cemetery or other place shall ob-point a búrial board, and from time to time to struct any person so authorised to inspect the supply vacancies therein, and to exercise the same, or if any person having the care of any same powers of authorisation, approval, and burial ground or place for the reception of sanction in relation to such burial board, and bodies subject to such regulations as afore- such other powers as under the said Acts and said shall violate or neglect or fail to observe this Act are vested in the vestry of a parish or and comply with any such regulation, or any place separately maintaining its own poor ; regulation imposed by this Act, every person and the burial board so appointed shall have so offending shall upon summary conviction all the powers for providing a burial ground thereof before two justices forfeit and pay a for the common use of such several parishes sum not exceeding 101.
or places, and for facilitating interments, and 9. So much of the said Act of the 15 & 16 otherwise, as if such several parishes or places Vict. as enacts that "no ground (not already had been a parish separately maintaining its used as or appropriated for a cemetery) shall own poor; and the expenses of the burial be appropriated as a burial ground or as an board appointed under this provision shall be addition to a burial ground under that Act borne by the several parishes or places for nearer than 200 yards to any dwelling-house, which such board is appointed, and shall be without the consent in writing of the owner, apportioned among them by such burial board lessee, and occupier of such dwelling-house,” in proportion to the value of the property in shall be repealed; but no ground not already such several parishes or places as rated to the used as or appropriated for a cemetery shall be relief of the poor ; and the sums required by used for burials under the said Act or this Act, the burial board in respect of the portion of or either of them, within the distance of 100 such expenses to be borne by any such parish yards from any dwelling-house, without such or place shall be paid out of the rates for the consent as aforesaid.
relief of the poor in such parish or place, in 10. If the ratepayers assembled at any vestry like manner as if such burial board had been duly convened under the provisions of this Act appointed for such parish or place alone. shall, in pursuance of public notice duly given 12. The vestry or meeting in the nature of in that behalf, resolve unanimously that any a vestry of any parish, township, or other disnew burial ground to be provided for their trict not separately maintaining its own poor, parish, under the provisions of this Act, shall which has heretofore had a separate burial be held and used in like manner and subject ground, may appoint a burial board, and from
Nero Statutes effecting Alterations in the Law.
27 time to time supply vacancies therein, and may|jesty's principal Secretaries of State, upon the . exercise the same powers of authorization, ap- representation of a majority of the vestry of proval, and sanction in relation to such burial any parish, consisting of not less than threeboard, and such other powers as under the fourths of the members of the same, that the said Acts and this Act are vested in the vestry building of a chapel upon the unconsecrated of a parish separately maintaining its own poor; part of any such burial ground for the use of and the burial board so appointed shall have persons not being members of the said church all the powers for providing a burial ground is undesirable and unnecessary, it shall be lawand otherwise as if such parish, township, or ful for the said Secretary of State, if he shall other district had been a parish separately think fit, to signify his opinion to that effect to maintaining its own poor.
the burial board of the parish, and the said 13. Where any district (whether a parish or burial board shall thereupon be relieved from township or other subdivision) not separately all obligation to build the same: Provided almaintaining its own poor, but forming part of ways, that such Secretary of State shall not a parish maintaining its own poor, or of an in- signify his opinion as aforesaid unless it be corporation or other union maintaining the shown to his satisfaction that notice of the inpoor of the places comprised therein, by means tention to propose to such vestry to make such of a common rate, shall have a burial board, representation was given in manner required or shall form part of a place or union of places by law for notices of vestry meetings, and of not co-extensive with the area rated for the re- the special purposes thereof. lief of the poor, and having one burial board, 15. No land already or to be hereafter purit shall be lawful for such respective burial chased or acquired, under the provision of any board to issue their certificate to the overseers of the Acts herein before recited, for the purof such parish, or the overseers or other per- pose of a burial ground (with or without any sons authorised to make and collect or cause building erected or to be erected thereon), to be collected such common rate (as the case shall while used for such purposes be assessed may be), for payment of the sums required for to any county, parochial, or other local rates the expenses of such burial board, or where at a higher value or more improved rent than such district not separately maintaining its the value or rent at which the same was asown poor forms part only of the area of the sessed at the time of such purchase or acquiburial board, of the sums required in respect sition. of the portion of such expenses to be borne by 16. That in any case where the burial boards such district, in like manner as if such district appointed under the said recited Acts of the 15 had been a parish separately maintaining its & 16 and the 16 & 17 Vict., or either of them, own poor, and such overseers or persons for any two parishes, shall provide separate authorised as aforesaid had been the overseers burial grounds for such parishes respectively, thereof; and such overseers or persons shall and such burial grounds shall adjoin each pay such sums as shall be required by such other, it shall be lawful for the said burial certificate, according to the directions of such boards to concur in building, either on one of burial board, and shall levy such sums as may the said burial grounds or partly on one of be required for such payments to the burial such grounds and partly on the other, such board by an addition to the parish rate or com- chapels as are authorised to be built by the mon rate, so far as the same affects the dis- said Acts, and that such chapels when erected trict in respect of which such payments are shall be used in common by both of such parequired, or by separate rates to be made from rishes, and be deemed and taken to be the time to time on such district; and for levying chapels of and belonging to each of such busuch additions or separate rates as aforesaid rial grounds respectively, in such manner, such overseers or other persons shall have the consistent with the provisions of the said Acts powers, remedies, and privileges, and proceed or either of them, as the said burial boards in the same manner, as in the case of the rates shall mutually agree upon; and that the said for the relief of the poor; provided that any burial boards may agree as to the proportions such rates may (notwithstanding any restric- in which the expenses of erecting such chapel tion in relation to the parish rate or common accommodation shall be borne by each of the rate) be made and levied at such times as may said boards respectively; and the proportion be necessary to provide for the payments afore- for each of such parishes of such expenses said.
shall be chargeable upon and paid in the same 14. And whereas doubts have arisen whether manner as the costs of providing burial grounds in all cases in which any burial board shall under the said Acts; and where any burial build in any burial ground provided by such board shall provide a burial ground, and cause board a chapel for the burial service according chapels to be built thereon, pursuant to the to the rites of the united church of England said recited Acts, it shall be lawful for such and Ireland, such burial board is not also burial board, with the sanction of one of her bound by law to build a chapel or chapels upon Majesty's principal Secretaries of State, to the unconsecrated part of such burial ground contract with any other burial board whose for the performance of burial service for per- burial ground shall adjoin the one on which sons not being members of the said church : such chapels shall so have been built, for the Be it enacted, that in any such case as afore- use of such chapels, in such manner and on said, where it shall appear to one of her Ma- such terms as such respective burial boards