« EelmineJätka »
Annual Report of the Manchester Law Association,
325 ANNUAL REPORT OF THE MAN- I be expected that the attention of the LegislaCHESTER LAW ASSOCIATION.
ture will be directed to the subject, and that, in the ensuing Session of Parliament, material
alterations will be made in the present Act, and The following Report was read at the 17th in the Law of Partnership generally. Annual Meeting of the Manchester Law Asso
“ Your Committee having received a comciation, held on the 9th ult. in the Association's munication from one of the registrars of the
Manchester District Court of Bankruptcy, Board Room, Norfolk Street :
calling their attention to the case of a mes. “The Committee of the Manchester Law senger of that Court, who was accused of Association, in presenting the 17th Annual malpractice in his office, considered it their Report to the members, have much pleasure duty to watch the proceedings on the investiin stating that the financial condition of the gation of those charges, which terminated in Association is most satisfactory. Twelve new the suspension of the messenger from his office. members have been elected during the year, Your Committee also received communications whilst only two members have retired. from the same registrar respecting the fees of
“The subject of the war has so fully occu- the messengers in the Bankruptcy Courts, but pied the attention of Parliament, that the past they were not in possession of sufficient inyear has been less fruitful of changes in the formation to enable them to propose an altered law' than the preceding.
scale. They, however, cannot forbear the ex"Your Committee report the withdrawal of pression of an opinion, that the charges and the Testamentary Jurisdictions Bill, to which fees of messengers and other officers of the (following the course pursued by their prede- Courts of Bankruptcy have, from their magnicessors in office) they gave their most strenu- tude, tended materially to diminish the busi. ous support. The importance of the change ness of those Courts. contemplated by this Bill, both to the Profes
“ Your Committee have been called upon by sion and to the Public, has been fully pointed members of the Association to give their opiout in former Reports, and your Committee nion on various points of practice, the partihope that the time is not far distant when a culars of which are appended to this Report. complete reform will have been effected in this Your Committee have to allude to several branch of the law.
matters which may be expected to occupy the “Two Bills were introduced into Parliament attention of the Profession during the coming for the alteration of the Law relating to Bills year. They would first advert to the remuneof Exchange, one by Mr. Keating, and the ration of solicitors in proceedings in Chancery, other by Lord Brougham. Deeming the pro- and in their general professional business. It visions of both to be calculated to give undue has been the cause of frequent complaint that advantage to the holders of bills of exchange, by the general orders of October, 1852 (upon your Committee submitted a series of observa. which neither solicitors nor taxing masters tions on them to the local members, to the were consulted), and by reason of the changes Law Officers of the Crown, and to the mem- which have taken place in Chancery proceedbers of the Committee of the House of Com- ings, the fees allowed by the Court are inademons, on Mr. Keating's Bill. This Bill, quate to the remuneration of solicitors. Alhowever, obtained the sanction of the Legis- though the attention of the Lord Chancellor lature, and is now the law of the land. Of the has been repeatedly called to this subject, the two, it was certainly the less objectionable.
orders of 1852 remain unaltered; but a com* Your Committee also directed their atten- mission has been appointed to consider the tion to the Bill for giving protection to pur- existing system of remuneration, the members chasers against judgments, and suggested that of which are Lord Justice Turner, Vice-Chanthe great expense incurred hy searches for cellor Page Wood, Mr. Walton, and Mr. judgments in the Registration Courts would Follett. It is to be regretted that some expebe obviated by the institution of one office for rienced London and provincial solicitors were the registration of all judgments and other not included in the commission, as their pracincumbrances intended to affect real estate. tical knowledge would have been of material They also expressed a desire that, if the Bill service in effectuating its objects. The Incorpassed, provision would be made to settle the porated Law Society has transmitted to the vexed question whether the registration of a commissioners a statement of such charges as judgment is ipso facto notice to a purchaser of in its view should be allowed, and Lord Justice real estate. Your Committee were in corre- Turner has addressed a letter to the various law spondence on this subject with George Had societies throughout the kingdom requesting field, Esq., M.P., who took charge of their suggestions upon the objects of the commission. report, and made every effort to give effect to Your Committee hope that their successors in their recommendations, but the Bill passed office will make every effort to bring about into a las without their suggestions being in such a change in the present system as the troduced into it.
justice of the case requires. "Amongst the few important measures of “One of the objects which the Association the last Session, your Committee refer to the has in view is, 'to support the respectability of Limited Liability Act as containing provisions the Legal Profession, and maintain its intewhich are open 'to serious objection. It may rests. The exclusion of attorneys and solici
Non-payment of Counsel's Fees.-Moot Points. tors from the commission of the peace, appears | any payment on account, and that led me to to your Committee a matter which should have consider that the conveyancer, who was not the attention of the Association. The youngest otherwise employed by me, was as well entitled member of the bar is eligible for the appoint- to wait for his fees as I was to lay down money ment of a justice of the peace, while the attor-again and lose something in the shape of inteney or solicitor, however great his experience rest. The gentleman sent his account to me, or profound his professional attainments, is after it had been standing for a few months, considered and treated as ineligible. That this with a note threatening to apply personally to practice is not consonant with the feeling or my client if the account was not discharged judgment of the community at large, is evident by a certain day. It was the first time I had from the fact, that from no class of society in been so addressed by any gentleman and I deproportion to its numbers is the selection of the cided to take no notice of bis threat,-because chief magistrate of cities and boroughs more if he did write, it would“ touch the conscience frequently made, than from that of which we of the king " I thought, and I was indifferent. are members. Your Committee trust that The threat appeared to have been carried out. their successors will, in conjunction with other But instead of any avowal from the country Jaw societies, be enabled to induce the Lord Solicitor that his agent was already in adrance, Chancellor to review the grounds upon which the fees were probably remitted without obhe has hitherto excluded the solicitor from the servation, and the agent would suffer in the magisterial dignity, and to take up others more opinion of the gentleman. in conformity with the public good and the I think it would be well, for two reasons, if views of an enlightened age.
country clients would require that Counsel “A deputation from the Committee of this should have signed their fees when papers were Association attended the annual meeting of the returned. It would remind clients that fees Metropolitan and Provincial Association at had to be paid on papers; and next, it would Birmingham, in October last, at which it was secure to counsel the prompt payment of their resolved that the next annual meeting of that fees. And this would much tend to get rid of association should be held in Manchester. the present complaint about the non-payment Your Committee have no doubt that efficient of fees. It is always gratifying to agents, and arrangements will be made by their successors much facilitates the progress of business, to for the reception of the members of that and keep short accounts with Counsel, but clients any other association who may attend the should assist them to do this. It is a serious forthcoming meeting.
matter in large agency offices. “In conclusion, your Committee hope they
A SOLICITOR. may congratulate the members of the Associa. tion on the prospects of the ensuing year. An
MOOT POINTS. influential legal periodical has stated its opinion that already the results of the reforms in pro- POLICY OF INSURANCE. -HUSBAND AND cedure are found in the steady increase in legal business, and that the season of extreme de
To the Editor of the Legal Observer. pression is past. All the evil of change has been endured, the benefits are just beginning
SIR,—Allow me to invite an opinion through to be felt, and the year 1856 opens upon the your pages upon the following rather singular lawyer with far brighter prospects than any of case, which has lately come under my profese its predecessors for a long time past.' While
sional notice. your Committee are disposed to concur in
A. B., several years since, assigned a policy these sentiments, they are deeply convinced of assurance on his own life to C. D., a feme that the circumstances of the present time, as sole, who has since become his wife
. The regards their professional standing and useful- policy is, and was at the time of their marness, need the watchful care of this society as
riage, of considerable value ;-it was not setmuch as did those which first called it into ex- tled. Notice of the marriage was given to the istence.”
office, and the premiums upon the policy have [A report of the speeches at the annual assured being a reversion expectant on the life
since been paid by the husband. The money dinner will appear in a future Number.]
of the husband, the questions which arise are
1. Whether by the payment of the premiums NON-PAYMENT OF COUNSEL'S by A. B, to prevent ils forfeiture, the policy FEES.
has not been reduced into possession so as to
entitle him to the ownership? To the Editor of the Legal Observer.
2. If not, is A. B. entitled to its present SIR-I notice the letter of "a Quondam value, and can he make a title pro tanto either Conveyancer” in your number of the 9th into a mortgagee or purchaser, or surrender the stant. I had this case a little time back. As policy to the office ? directed by a client in the north of England I
3. 'If he is not entitled either to the policy placed his papers before his friend Mr.
or its present value, has he not an equitable and I paid the gentleman several fees. A fur: lien on the policy for the premiums he has ther account was incurred principally in my
paid upon it? client's personal matters. I was not receiving/
Jan. 16, 1856.
Barristers Called.-Professional Lists.
Nov. 17, 1855.
Jan. 26, 1856.
Nov. 17, 1855.
Jan. 26, 1856.
Nov. 17, 1855.
Jan. 26, 1856.
PERPETUAL COMMISSIONERS. Appointed under the Fines and Recoveries' Act,
with dates when Gazetted. Scudamore, Frederick, Maidstone, in and for the county of Kent. Feb. 15.
Stockwood, John, Cowbridge, in and for the county of Glamorgan.
COUNTRY COMMISSIONER TO ADMINISTER
OATHS IN CHANCERY.
date when Gazetted.
Nov. 17, 1855.
Jan. 26, 1856.
DISSOLUTIONS OF PROFESSIONAL PART
sive, with dates when Gazetted.
Croome, Thomas Clutterbuck, and Henry Harris, Cainscross, near Stroud, Attorneys and Solicitors. Feb, 12.
Myers, William Hugh, and John Clarkson Birkbeck, Manchester, Attorneys and Solicitors. Feb. 8.
Richardson, Thomas, and John Cobb, Uta toxeter, Attorneys and Solicitors. Feb. 1.
Thomas, Joshua, and Lauriston Winterbotham Lewis, Tewkesbury, Attorneys and Solicitors. Feb. 5.
HEARING OF ORIGINAL CAUSES BEFORE
House of Commons- Public Petitions.--Notes of the Week.
mon Council, we doubt not their attention will PUBLIC PETITIONS.
bé directed to the details of the plan of these EVERY Member presenting a Petition to the New Court rooms, and that the convenience of House must affix his name at the beginning attorneys attending the trials will be duly prothereof. (Vide Commons' Journals, 1833, vided for. March 20.)
Every Petition must be written and not printed or lithographed. (Vide Commons'
THE LORDS JUSTICES.
Vice-Chancellor Wood, whose Cause List is Commons' Journals, 1843, July 10.)
very heavy, intimated some time ago that the Every Petition must be signed by at least Lords Justices were willing to hear a limited one person on the skin or sheet on which the number of the causes which stood for hearing Petition is written. (Vide Commons' Journals, in this branch of the Court, if any parties de1817, March 12.)
sired it. His Honour has since expressed his Every Petition must be written in the Eng- surprise that no parties had availed themselves lish language, or be accompanied by a translation certified by the member who shall present of the opportunity thus presented of having it. (Vide Commons' Journals, 1821, Mar. 16; their causes speedily disposed of. Mar. 21.)
Every Petition must be signed by the parties NON-DELIVERY OF PAPERS FOR THE COURT. whose names are appended thereto by their names or marks, and by no one else except in
In a cause called on before Vice-Chancellor case of incapacity by sickness. (Vide Com- Kindersley, it appeared that no copies of the mons' Journals, 1675, Nov. 8; 1689, Nov. 14; pleadings had been left for the use of the 1774, June 2; 1826, Dec. 13; 1836, June Judge ; and the solicitor, whose duty it was 28.)
to see that this was done, not being in Court, No letters, affidavits, or other documents, His Honour said, that he should in future take may be attached to any Petition. (Vide Commons' Journals, 1826, Feb. 20; Nov. 28.)
measures for preventing a recurrence of that No reference may be made to any Debate in dereliction of duty on the part of solicitors. Parliament. (Vidé Commons' Journals, 1822, Sir J. Leach would in such a case have ordered Mar. 28.)
the cause to be struck ont. He should, howNo application may be made for any grant ever, content himself with causing the name of of public money, except with the consent of the solicitor, and a note of the matter to be the Crown. (Vide Standing Orders.)
communicated to the Taxing Masters, in order All Petitions, after they have been ordered that the solicitor should suffer in costs for his to lie upon
the Table, are referred to the Committee on Public Petitions, without any ques
neglect. tion being put; but if any such Petition relate to any matter or subject with respect to which
LAW APPOINTMENT. the Member presenting it has given notice of The Queen has been pleased to appoint a Motion, and the said Petition has not been Christopher Temple, Esq., to be a Puisne ordered to be printed by the Committee, such Judge of the Supreme Court of Ceylon.Member may, after notice given, move that From the London Gazette of 15th Feb. such Petition be printed with the Votes. (Vide Standing Orders.)
NEW MEMBERS OF PARLIAMENT.
Gervaise Tottenham Waldo Sibthorp, Esq., NOTES OF THE WEEK.
for the city of Lincoln, in the room of Charles De Laet Waldo Sibthorp, Esq., deceased.
George Ridley, Esq., for Newcastle-on-Tyne, The power given by the Common Law Pro- in the room of John Fenwick Burgoyne cedure Act for two Courts of Nisi Prius to sit at Blackett, Esq., who has accepted the office of the same time, has induced the City authorities Steward of her Majesty's Manor of Northstead.
Samuel Warren, Esq., Q.C., for Midhurst, to inquire of the Judges whether such Courts in the room of the Right Hon. Spencer Horatio were likely to be permanent, and being in- Walpole, who has accepted the office of Steward formed in the affirmative, the Common Council of her Majesty's Chiltern Hundreds. have promptly directed plans and estimates to called Viscount Raynham, for Tamworth, in the
Jolin Villiers Stuart Townshend, commonly be prepared. We have been favoured with an room of John Townshend, Esq., now Marquis inspection of them, and knowing there are Towashend, summoned to the House of Peers.
NEW COURTS FOR TRIALS AT NISI PRIUS.
Superior Courts: Lord Chancellor.-Lords Justices.-Rolls.-V. C. Kindersley. 329 Philip Wykeham Martin, Esq., for Rochester, Sir Andrew Agnew, Bart., for the county of in the room of the Honourable Francis John Wigton, in the room of John Dalrymple, Robert Villiers, who has accepted the office of (commonly called Viscount Dalrymple), who Steward of her Majesty's Chiltern Hundreds. has accepted the office of Steward of her Ma
Adam Black, Esq., for the City of Edinburgh, jesty's Manor of Northstead. in the room of the Right Honourable Thomas The Right Honourable Spencer Horatio Babington Macaulay, who has accepted the Walpole, M.A., for Cambridge University, in office of Steward of her Majesty's Manor of the room of the Right Hon. Henry Goulbourn, Hempholme.
RECENT DECISIONS IN THE SUPERIOR COURTS.
a printed copy thereof shall in the meantime In re Papps. Feb. 13, 1856. have been filed, and the plaintiff in the suit, or PAYMENT OF SURPLUS PENSION OF OPficer his solicitor, who shall personally have underOF COURT TO MORTGAGEES THEREOF.
taken to file such printed copy, shall pay to Order made on petition under the 16 & 17 Vict. the suit, such costs to be taxed by the Taxing
the defendant all the costs incurred by him in c. 98, s. 8, for payment to the mortgagees Master, without further order, upon production of the pension of a former officer of the to him of the certificate of the Clerk of Records Court of the surplus thereof after payment and Writs, that a printed copy of the bill has of the portion directed to be appropriated not been filed pursuant to such undertaking, for the liquidation of moneys due in respect of his office, which were ordered to ordered to be paid by a party in a suit to an
and to be recoverable in like manner as costs bear interest at 5 per cent from the period other party in a suit are now recoverable.”, the same became due.
Lloyd and Currey in support; R. Palmer This was a petition under the 16 & 17 Vict. and H. C. Jones contrà. c. 98, s. 8, for payment to the mortgagees of the The Lords Justices said, that the Court had pension of Mr. Papps, formerly an officer of power to relax its rules in such manner as, acthe Court, of the surplus thereof, after payment cording to its view of justice and right, would of the portion ordered to be appropriated for be proper, and the appeal was accordingly disthe liquidation of certain moneys due from him missed. in respect of his office. G. Lake Russell in support ; Bacon for Mr.
Master of the Rolls. Papps ; Taylor for the solicitor to the Suitors' In re London, Brighton, and South Coast RailFund. The Lord Chancellor granted the petition as
way Company, exparte Earl of Abergavenny. prayed, and directed interest at 5 per cent. to
Jan. 31, 1856. be paid on the debt in respect of his office from LANDS' Clauses’ ACT. INVESTMENT OF the period it was incurred.
PURCHASE-MONEY ON PETITION OF TE
NANT IN TAIL.
Order on the petition of the tenant in tail of
certain lands taken by a railway company Ferrand v. Corporation of Bradford. Feb. 19, for the inrestment of the purchase-money, 1856.
which had been settled by arbitration and INJUNCTION SUIT.-FILING PRINTED BILL.
paid to him instead of into Court under the -EXTENSION OF TIME.
8 & 9 Vict. c. 18, s. 69. The plaintiff in an injunction suit omitted to
This was a petition by the tenant in tail of file a printed bill under the 15 8- 16 Vict. certain lands taken by the above railway C. 86, 8. 6, within the 14 days limited by company, for the investment of the purchasethe 3rd Order of August 7, 1852; Held; and paid to him instead of into Court under
money, which had been settled by arbitration dismissing an appeal from the Master of the 5 & 9 Vict. c. 18, s. 69. the Rolls, that the Court had power to give
Waller in support. leave to file the printed bill.
Cur. ad. vult. This was an appeal from the decision of the
The Master of the Rolls granted the petition Master of the Rolls, giving leave to file, within
as asked. a limited time, the printed copy bill in this injunction suit, under the 15 & 16 Vict. c. 86, Vice-Chancellor Kindersley. 8.6, although the time for so doing had expired.
In re Tofts' Estate and Northern and Eastern By the 3rd Order of August 7, 1852, it is
Railway Company. Feb. 8, 1856. directed, that “the Clerks of Records and RAILWAY COMPANY. — PAYMENT OF comWrits shall at the expiration of 14 days from the filing of any written bill or written copy of a bill, take off the file of the Court, without
Under a railway company's private Act they further order, the bill or copy so filed, unless were to pay the costs and expenses of ob
PENSATION MONEY OUT OF COURT ON