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Review : Dr. Lushington's Judgment in the cases of Westerton v. Liddell, &c. 403 of a Solicitor in general conveyancing busi- their contents; would, were they free from ness, extending to agreements, sales, pur- objection in their form, render them very chases, and mortgages ;-admission to, and inconvenient for practical use. disposal of copyholds ;-leases, settlements, Some of the forms are objectionable from wills, &c.
too great conciseness being attempted, and He distinguishes between the duties of one which a student would desire to have the Solicitors on each side, pointing out given with great accuracy, is subject to far their respective rights as to preparation of greater objection. The form alluded to is documents, charges, &c.; and adds nume- that of conveyance of freehold by appointrous suggestions, not only useful to a clerk ment and grant, p. 164. In that form not or young practitioner, but many of which only is the reversion clause omitted in the would be found of service by professional grant, but the appointment is made to the men generally.
use of the purchaser, his heirs, and assigns, In the Preface he alludes to his having and the grant to the purchaser and his had himself an experience of many years in heirs, to uses to bar dower ; the draft is the practice of conveyancing, and the work also not prepared with sufficient fullness in shows that he not only must have had con- several particulars. siderable practice, but possesses just and
The treatise alone is howerer of so useful liberal views of the practice which should and practical a character, as to be fully be adopted by a man desirous to protect worth the small sum charged for the entire his client's interest, fairly secure his own work, and which, we think, no professional rights, and act honourably towards other man would regret placing in his library. parties.
The treatise appears to have been written The Judgment of the Right Hon. Stephen with great care, and in general to be de
Lushington, D. C. L., in the cases of serving of reliance.
Westerton v. Liddell and Beal v. Liddell. In relation to copyholds, the information Edited by A. F. BAYFORD, D. C. L. given is clear and generally correct; the London : Butterworths. 1856. following inaccuracies should, however, be noticed by those who refer to the work, and
This Report of Dr. Lushington's judgrectified:
ment delivered in the Consistory Court of It is stated in p. 68, that where several the Bishop of London, on the 5th December persons are admitted as joint tenants or last
, has been ably edited by Dr. Bayford, tenants in common, the first pays a full fine, who observes that the second half, and so on ; such, however, “The National Church has taken deep root is not the case as to tenants in common, in the affections of a large proportion of the each of whom pays a single fine on his population. Besides her actual adherents, she share, and on his death another like fine is reckons no mean array of well-wishers, and paid on such share.
any event, having an apparent tendency to The substituted title, given on enfran- community, however varied may be the cause
affect her welfare, cannot but interest the whole chisement under the Copyhold Acts, is not of that interest. Hence it is considered that referred to in the remarks as to title under no apology is needed for publishing the followenfranchisements, P: 69.
ing cases in a form more suitable to the general The suggestion in p. 67 as to securing reader than the ordinary Law Reports are calpayment by mortgagor of the steward's fee culated to supply. for entering satisfaction, where a mortgage
“ The circumstances of the following cases, is paid off
, is needless; the delivery of the and the points of law raised in them, being siwarrant to the mortgagor being sufficient, ment' occupied four days; but as a large por
milar, they were heard together. The arguand it resting with him to have satisfaction tion of it consisted of quotations from different entered, and of course pay the steward's fee authors, and as the principal points on both on doing so.
sides are adverted to in the judgment, is is These remarks are not made in deprecia- deemed sufficient to give the chief authorities tion of the work, but for the use of those adduced on either side, without inserting the who may purchase it, and not be acquainted arguments of the advocates at length.” with copyhold practice.
Dr. Bayford was heard on behalf of With regard to the Precedents, the part Mr. Westerton, in the case of St. Paul's, of the work which gives them is far inferior Knightsbridge, and of Mr. Beal, in the to the treatise, both as to arrangement and case of St. Barnabas. detail, and the want of a division of the Dr. Phillimore and Dr. Swabey were heard deeds into clauses, with a short analysis of on behalf of the Incumbent and Mr. Horne, 404 Review : Smith's Treatise on the Principles of Equity.-- Turnley on the Eye. in the case of St. Paul's, and of the Incum- A Treatise on the Principles of Equity. By bent and Messrs. Parke and Evans, in the John SIDNEY SMITH, Esq., Barristercase of St. Barnabas.
at-Law, Author of a “Treatise on the In the case of St. Paul's, the church- Practice of the Court of Chancery." warden applied for
London : Benning & Co. 1856. “ A faculty for the removal from the chancel Tas several parts of the continuation of of the altar for high altar or piece of church this treatise for the months of January, furniture whereon to celebrate the Holy Com- February, and March have been published, munion, with the cross elevated thereon and comprising the subjects of dower; partiattached thereto, as also for the removal of the tion; specific performance of agreements; gilded candlesticks and the candles therein, the credentia, preparatory altar or credence exclusive jurisdiction of the Court ; trusts; table, and also of the several divers coloured chose in action ; foreign property ; volunaltar coverings, and instead of the altar direct tary settlements; charitable uses; condithat there be provided a convenient and decent tions ; perpetuities, &c. table for the celebration of the Holy Com- We must reserve a general review of the munion, with a covering, as directed by the treatise until it has been completed. The 82nd Canon.''
student may find it convenient to take the The St. Barnabas case differed in the monthly parts as they are published, and form of application. There a monition to make himself master of the several chapters the church wardens was sought for, in order they contain ; and we recommend him to to remove the articles objected to, and there refer to the leading or principal cases which were some differences in the facts.
are cited, and especially to the latest reports “At St. Barnabas at the time of the admi.
on each subject. nistration of the Sacrament, the table is said to be covered with a linen cloth ornamented MR. TURNLEY ON THE LANGUAGE with lace. Objections are also made to the
OF THE EYE.1 screen and cross thereon and to the brazen gates attached thereto; and it was also prayed that the Ten Commandments be set up at the The alteration which has been effected east end of the church."
in the Law, relating to periodical publicaThe judgment of the Court was to the tions, relieves us from our former close confollowing effect :
finement to strictly legal subjects; and we “ Ist. As to St. Paul's, that a faculty do issue may now venture (occasionally at least) to to the incumbent and both the churchwardens offer an opinion on topics of interest, wheto remove the credence table, and the cross on ther bearing on public events or general or near to the communion table; to take away literature and science. More especially we all cloths at present used in the church for feel ourselves at liberty to notice the labours covering the communion table during divine and researches of our professional brethren service, and to substitute one only covering in other fields than those which appertain for such purpose of silk or other decent stuff. “2nd. With respect to St. Barnabas, that a
to Westminster Hall. We therefore wilmonition do issue to the churchwardens to re- lingly call the attention of our readers to move the present structure of stone used as a Mr. Turnley's poetical and philosophie communion table, and to substitute therefore a work on "The Language of the eye.” moveable table of wood : to remove the cre
We remember it was said, many years dence table: to remove the cross on the chan- ago, by one of the most distinguished Law cel screen, and that on or near the present Lords—Lord Lyndhurst—"that it would structure used as a communion table: to take be wise not to overwhelm the Judges with away all the cloths at present used in the church business, making them, in too many in. for covering the structure used as a communion table during Divine Service, and to sub- stances, slaves to the technical part of their stitute one only covering for such purpose, of Profession,—that they should have the opsilk or other decent stuff; and further, to re-portunity of cultivating general literature, move any cover used at the time of the mini- and be allowed the leisure to return to the stration of the Sacrament, worked or em. pleasant pursuits of early years, which it broidered with lace or otherwise ornamented, was to be lamented too many of the Bar, and to substitute a fair white linen cloth, with greatly to the injury of the Profession, were out lace or embroidery or other ornament, to cover the communion table
at the time of the obliged to suspend.” ministration of the Sacrament, and to cause
These remarks equally apply to the sethe Ten Commandments to be set up on the cond as well as the first branch of the Proeast end of the church, in compliance with the terms of the Canon."
| Published by Partridge & Co., Paternoster Row.
VIOUS ORER IN SUIT.
Turnley on the Language of the Eye.-Law of Attorneys and Solicitors. 405 fession; and therefore we are glad to remark they must often deal at first sight; how imthat Mr. Turnley, an eminent Solicitor, has portant for the physician, the divine advocate, found leisure, not only to pursue an exten- or the counsel, examining witnesses, and watchsive course of general reading, but to make ing the countenances of juries, to have some several valuable contributions to English
rules and signs to aid their acute judgments.” literature. He is the author of “The Spirit of the Vatican,” and “Priestcraft and the LAW OF ATTORNEYS AND SOMonarch of the Middle Ages.” To which
LICITORS. he has now added a work dedicated to the Earl of Ellesmere, as the President of a Literary Society, of which Mr. Turnley is Vice- ORDER OF COURSE TO TAX, WHERE PREPresident. It bears the title of “The Language of the Eye, its Importance and Dignity MR. FLUKER acted as the solicitor of as indicative of General Character,” &c. the infant plaintiffs in a cause of Timms V.
Amongst others, the volume contains Watson, in which a Mr. Taylor was their chapters on the following subjects :- next friend. By the decree on further diThe importance of the eye.
rections, the costs of all parties in the suit Light and colour.
were ordered to be taxed, as between soliciMotion and shape, with illustrations.
tor and client, and paid out of the fund in Physiology of the eye, with illustrations. Court,—the plaintiffs' costs to be paid to Comparison with the other senses.
Mr. Fluker, their solicitor. General expression.
An order to change the plaintiffs' soliciNational expression.
tors was obtained on Feb. 15, 1855, and on Expression as indicative of character. March 2 following, Mr. Taylor obtained an Then follow dissertations on genius; ima- Fluker of a bill of fees and disbursements
order of course, for the delivery by Mr. gination ; hope ; dignity ; resignation, &c., in all saits, causes, and other matters of with numerous sketches and illustrations of business in which he had been employed as great taste and beauty.
solicitor for the petitioner, and for its taxaWe extract the
following passage from tion, &c. It appeared that the costs of Mr. the chapter on "Expression, as indicative Fluker, in the suit of Timms v. Watson, of Character,”—bearing, as it does, on the had not yet been taxed or paid, and he now investigation of truth in our Courts of Jus- moved to discharge the exparte order to tice, and referring to the skill of the acute
tax. and ingenious advocate in the examination of witnesses whose accuracy or veracity is
The Master of the Rolls said :doubtful. Mr. Turnley observes that- “I cannot accede to this motion. It would
work injustice in many cases, if it were held “An extreme state of guilt, with habitual that a client cannot obtain an order of course vice, will sometimes hide and coil itself so far to tax his solicitor's bill, if any of the items within the heart that the eye does not reveal happen to be included in an existing order to all which is passing and purposing there. But tax in a suit. a few glances from the eye of a man of sound heart and mind, will generally convince him,
“What would be the result? How is the whether the mood of mind, apparent in eyes is client to get his papers? There may be ad. natural, or temporary and artificial.
ditional costs not included in the decree, and “The leading features of the mind cannot is the client to wait until all the costs have long escape the strict and intelligent observer, been taxed in the suit? Mr. Fluker is no whether there is prevalent an habitual vice, or longer the solicitor in the cause, and cannot a delight in virtuous duties; and eren what is prosecute the decree himself, except by a spethe leading vice or active virtue. We consider cial application; it must be done by the exthe intentions may be most readily detected by isting solicitor, although Mr. Fluker will be the innocent and most intelligent; and al- entitled to the amount of the plaintiffs' costs though, the tongue may declare differently, it when ascertained. rarely evades the searching spirit of innocence. “ There may be considerable inconvenience
“The youthful Prince Arthur soon detected in having two bills of costs and two orders to some bidden purpose in the mind of Hubert, tax, and I strongly advise the parties to come who was commissioned to put out the eyes of to some arrangement to obviate it. I must, the prince. The reader will remember the in- however, refuse the motion with costs." In re teresting colloquy, commencing - 'Are you Fluker, 20 Beav. 143. sick, Hubert ? See Act iv., scene 1, of King John.
“ If this is so, how important is it for those who are busily engaged with men with whom
TION OF DEED.
Law of Costs.- Fines on Copyholds.-Manchester Law Association.
manded on the rack-rent, amounting to about
20,0001.!!! OF JOURNEY TO PARIS TO OBTAIN EXECU- Considering the interest and property of the
copyholder, which was indisputably limited to A SOLICITOR had charged 101. 10s. for
the actual rents receivable by him, the surplus
being that of the builder and the builder alone, journey to Paris to obtain the execution of a the fine would have been 3,000l
. only. deed, and 15l. 138. 6d. for his expenses. The It may be remembered that the See of Can. Taxing Master allowed 10l. as the expenses terbury, or rather at present the Ecclesiastical which would have been incurred in obtaining Commissioners in the adjoining manor of the execution in Paris, through an agent.
Lambeth, invariably take fines computed on
the ground-rent only, and not on the rack-rent. Counsel on a motion to review the taxation,
I by no means maintain that the present relied first on the urgency of the case, the lord of the manor (His Royal Highness the settlement of the matter having been com- Prince of Wales as Duke of Cornwall) was pleted on April 11, when the 24th was the last bound by the act of his ancestor a preceding
lord, or of the act of his steward; and stricday on which it could have been effected, and tissimi juris a full fine on the rack-rent of 2ndly, that on another occasion, the expenses 20,0001. might have been legally demanded, of a journey to Paris, by the express desire of and in such a case the Court of Queen's Bench the client, had been allowed on taxation, and could not interfere as in the case of a subject. that the client, though he had given no express resulting from such a procedure, they can be
I abstain from noticing the direful effects directions in the present instance, had after- more easily imagined than pourtrayed; but I wards sanctioned it.
am quite sure it would neither have added to The Master of the Rolls said "The Master the respect, esteem, and devotion of the varihas come to a right conclusion. It is obvious, heir apparent.
ous copyholders of the manor towards the on the evidence, that it was not necessary to take I congratulate all on the wise determinathis journey, and it stands on a totally differ- tion of the Council to compromise the matter ent footing from the other journey, which was and to accept a fine of 5,0001. This result reundertaken by the express desire of the client,
flects no little credit on the Council, and will,
I hope, be followed by similar kind and The recognition amounts to this :- I ought to considerate concessions. A contrary course pay in consequence of the advantage I have would have entailed ruin on the infant devisee. obtained from it.' It is not a promise or wish Surely the state of the law imperiously calls to pay, whether he was liable or not, in the for some amendment.
15th March, 1856. same way as if he had originally directed the journey to be taken. The motion must be refused.” In re Bevan, 20 Beav. 146.
MANCHESTER LAW ASSOCIATION. FINES ON COPYHOLDS.
To the Editor of the Legal Observer.
SIR,-In an editorial note on your report DUCHY OP CORNWALL.-BUILDING LEASES. of the recent anniversary dinner of the Man
During the past year several articles ap- chester Law Association, you observed, in peared in your Journal condemnatory of the reference to the toast of “The Metropolitan practice of Lords of manors insisting on fines and Provincial Law Association,” which I on the rack-rent in respect of lands let on building leases.
had the honour to propose, that the services A gentlemen held various lands at Vauxhall, of the Incorporated Law Society during a which, pursuant to a licence to demise in 1824, period of 30 years did not appear to have from the then steward in the time of a preced- been acknowledged at the dinner. ing lord, he granted on building leases at rents
Lest it should be inferred that the numeon the aggregate 1,1001. a year, while other parts were let to tenants at will at 4001. a-year, rous, abie, and important services rendered making together 1,5001. a-year. At the time by the Incorporated Society are not apprecithe licence was granted it was arranged beated at Manchester, permit me to observe that tween the copyholder and the steward that the fine should be assessed during the term on a
the toast originated years ago when the sorent of 80l. a-year, and no more: in fact the ciety which is the subject of it became an exwords of the licence are," for the term of 80 tension of an organisation which previously years at the rate of 80l. per annum, to com- consisted merely of members of the commence from the 25th March.
Last year the copyholder died having devised mittees of the Yorkshire, Liverpool, and Manthe estate to a younger son about 10 years of chester Law Societies; and that from this age. On this event a two years' fine was de- circumstance of origin, and from the invari
Selections from Correspondence.-Inns of Court Examination.
407 able presence at our dinners of several mem- “At every call to the Bar those Students bers of the Managing Committee of the Me- who have passed a Public Examination, and tropolitan and Provincial Society, the toast of Honour, shall take rank in seniority over
either obtained a Studentship or a Certificate became a customary one.
all other Students who shall be called on the The eminent services of the Incorporated same day.” Society were alluded to, and I am satisfied
“No Students shall be eligible to be called that every person present had a grateful sense to the Bar who shall not either have attended of them. I am, sir, your obedient servant,
during one whole year the Lectures of two of J. FRED. BEEVER.
the Readers, or have satisfactorily passed a Public Examination.”
CHIEF CLERKS IN CHANCERY.
SELECTIONS FROM CORRE-
Rules for the Public Examination of Candidates
for Honours, or Certificates, entitling Students LUNACY.
to be called to the Bar. A young lady of considerable fortune-from An Examination will be held in next Trinity 20,000l. to 30,0001.—and whose father is dead, Term, to which a Student of any of the Inns of has been for years afflicted with lunacy, and Court, who is desirous of becoming a Candidate confined by her friends in a lunatic asylum. for a Studentship or Honours, or of obtaining Is it competent for a stranger to take the initi- a Certificate of l'itness for being called to the ative in an application to the Lord Chancellor Bar, will be admissible. for the usual proceedings in lunacy? I think Each Student proposing to submit himself I remember a case wherein the lunatic's family for Examination will be required to enter his opposed such a procedure, and that the Court name at the Treasurer's Office of the Inn of dismissed the opponents' petition with costs. Court to which he belongs, on or before Fri
Civis, A. day, the 12th day of May next, and he will
further be required to state in writing whether his object in offering himself for Examination
is to compete for a Studentship or other ho. A very general disapprobation has been often nourable distinction; or whether he is merely expressed of the names assigned to these gen- desirous of obtaining a Certificate preliminary tlemen. Might they not, following the example to a Call to the Bar. of our brethren in Ireland, be more properly designated Auditors, unless a preferable one
The Examination will commence on Moncan be found.
M. day, the 19th day of May next, and will be
continued on the Tuesday and Wednesday
following INNS OF COURT EXAMINATION.
It will take place in the Bencher's Reading
Room of Lincoln's Inn; and the doors will be Trinity Term, 1856.
closed Ten Minutes after the time appointed The Council of Legal Education have for the commencement of the Examination. approved of the following Rules for the Public The Examination by Printed Questions will Examination of the Students.
be conducted in the following order :The attention of the Students is requested Monday Morning, the 19th May, at halfto the following Rules of the Inns of Court:- past Nine, on Constitutional Law and “ As an inducement to Students to propose
Legal History; in the Afternoon, at halfthemselves for examination, Studentships shall
past One, on Equity. be founded of Fifty Guineas per annum each, Tuesday Morning, the 20th May, at halfto continue for a period of three years, and one past Nine, on Common Law; in the such Studentship shall be conferred on the Afternoon, at half-past One, on the Law most distinguished Student at each Public of Real Property, &c. Examination ; and further, the Examiners shall select and certify the names of three other Stu
Wednesday Morning, the 21st May, at halfdents who shall have passed the next best Ex
past Nine, on Jurisprudence and the Civil aminations; and the Inps of Court to which
Law; in the Afternoon, at half-past One, such Students belong, may, if desired, dispense
a Paper will be will given to the Students with any Terms, not exceeding two, that may
including Questions bearing upon all the remain to be kept by such Students previously
foregoing Subjects of Examination. to their being called to the Bar. Provided that The Oral Examination will be conducted in the Examiners shall not be obliged to confer the same Order, during the same hours, and or grant any Studentship or Certificate, unless on the same subjects, as those already marked they shall be of opinion that the Examination out for the Examination by Printed Questions, of the Students they select has been such as except that on Wednesday Afternoon there will entitles them thereto."
be no Oral Examination.