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Turnley on the Language of the Eye.-Law of Attorneys and Solicitors. 405 fession; and therefore we are glad to remarks 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 he has now added a work dedicated to the

LICITORS. 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 Lan

VIOUS ORER IN SUIT. guage 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 fhen 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 suits, causes, and other matters of with numerous sketches and illustrations of business in which he had been employed as great taste and beauty. We extract the following passage from tion, &c. It appeared that the costs of Mr.

solicitor for the petitioner, and for its tasathe 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 tased 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 adnatural, 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, I 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 even 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 hidden 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 OP DEED.

406
Law of Costs.-
Fines on Copyholds.-

Manchester Law Association.
LAW OF COSTS.

manded on the rack-rent, amounting to about

20,0001.!!! OP JOURNEY TO PARIS TO OBTAIN EXECU- Considering the interest and property of the

copyholder, which was indisputably limited to A SOLICITOR had charged 10l. 10s. for a

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.

I abstain from noticing the direful effects that the client, though he had given no express resulting from such a procedure, they can be 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 vari" has come to a right conclusion. It is obvious, pus copyholders of the manor towards the

heir apparent. 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 I hope, be followed by similar kind and

flects no little credit on the Council, and will, 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

M. A. to pay, whether he was liable or not, in the for some amendment. same way as if he had originally directed the

15th March, 1856. journey to be taken. The motion must be refused.” In re Bevan, 20 Beav. 146.

MANCHESTER LAW ASSOCIATION.

To the Editor of the Legal Observer. FINES ON COPYHOLDS.

SIR,-In an editorial note on your report DUCHY OF 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 on the aggregate 1,1001. a year, while other

Lest it should be inferred that the numeparts were let to tenants at will at 4001. a-year, rous, able, 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 be-ated at Manchester, permit me to observe that tween the copyholder and the steward that the the toast originated years ago when the sofine should be assessed during the term on a rent of 80l. a-year, and no more: in fact the ciety which is the subject of it became an es. words of the licence are, " for the term of 80 tension of an organisation which previously years at the rate of sol. 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-
SPONDENCE.

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.

408

Inns of Court Examination. The Oral Examination of each Student will Milford on the Pleadings in the Court of he conducted apart from the other Students; Chancery. Introduction : – Chapter 1, and the character of that Examination will vary sec. 1 and 2 ; chapter 2, sec. 2, part 1 according as the Student is a Candidate for (the first three pages); chapter 2, sec. 2, Honours or a Studentship, or desires simply to part 2 (the first two pages); chapter 2, obtain a Certificate.

sec. 2, part 3; chapter 3. The Act for the The Oral Examination and Printed Questions

Improvement of the Jurisdiction of Equity, will be founded on the Books below-mentioned;

15 & 16 Vict. c. 86. regard being had, however, to the particular 2. The Cases and Notes contained in the first object with a view to which the Student pre- volume of White and Tudor's Leading sents himself for Examination.

Cases, and the Subjects of Charitable and In determining the question whether a Stu

Superstitious Uses with reference to the

Statutes dent has passed the Examination in such a manner as to entitle him to be called to the

43 Eliz. c. 4, Bar, the Examiners will principally have regard 1 Ed. VI. c. 14, and the cases; to the general knowledge of Law and Juris- Attorney-Generalv. Ironmongers' Comprudence which he has displayed.

pany, Cr. & Ph. 208.

West v. Shuttleworth, 2 M. & K. 684. A Student may present himself at any

Thetford School Case, 8 Co. 130. number of Examinations, until he shall have obtained a certificate.

Candidates for Certificates of Fitness to be Any Student who shall obtain a Certificate called to the Bar will

be expected to be well may present himself a second time for Exami- acquainted with the Books mentioned in the nation as a Candidate for the Studentship, but first of the above Classes. only at one of the three Examinations imme- Candidates for the Studentship or Honours diately succeeding that at which he shall have will be examined in the Books mentioned in obtained such certificate ; provided, that if any the two Classes. Student so presenting himself shall not succeed in obtaining the Studentship, his name shall

The Reader on the Law of REAL Pronot appear in the list Students that have kept more than 11 Terms

PERTY proposes to exainine in the following shall not be admitted to an Examination for the Books and Subjects :Studentship.

1. Williams, Real Property ; Sugden,

Powers, vol. 1.

2. Alienation by Tenants in tail, and the The Reader on CONSTITUTIONAL LAW

Alterations introduced by the 3 & 4 Wm. and LEGAL HISTORY proposes to examine on 4, c. 74. the following subjects :

3. The Power of Testamentary Disposition, He will expect the Candidates for Honours

and the Statutory Rules of Construction in the ensuing Examination to be well ac

contained in 1 Vict. c. 26. quainted with the Chapters in Hallam's Con- 4. The Law of Perpetuity, with reference to stitutional History which treat of the Reigns of indefinite Powers of Sale and Exchange Elizabeth, and of Charles and James the First, (2 Sugd. Pow. 469); and the Doctrine of and of Charles the Second. He will expect Cy-Pres; Monypeny v. Dering, 16 Mee. them to be well acquainted with the Chapters & W. 418; 2 De G., M. & G., 145. in Stephen's Blackstone, relating to the Law of Treason and the History of our Testamentary

5. The transmissibility of Powers of Sale, Law, and with the State Trials during the

Macdonald v. Walker, 14 Beay, 556; and period mentioned above.

the Liability of Purchasers to see to the

Application of their Purchase Money, The Candidate for a Pass will be expected to Stroughill v. Anstey, i De G., M. & G., answer any general questions on the leading 635. facts in English History, to be well acquainted with the History of the Reigns of James the all the foregoing Books and Subjects. Candi

Candidates for Honours will be examined in First and of Charles the First, and with the dates for a Certificate will be examined in those Chapters in Mr. Hallam’s Constitutional His- mentioned in parts 1, 2, and 3. tory, in which the events of that period are discussed. He will expect them also to be acquainted

The READER on JURISPRUDExce and the with the Trials of Russell, College, and Sydney. Civil Law proposes to examine Candidates

for Honours in the foilowing Books and Sub

jects The READER on EQUITY proposes to examine in the folçowing Books :

1. Warnkönig's Institutiones Juris Romani

PrivatiThe Introduction and the First 1. Smith's Manual of Equity Jurisprudence;

Part of the Second Book.

Inns of Court Examination.Liverpool Assizes.-Notes of the Week. 409 2. The article on "Law” in the Encyclo- “]st, Causes in the Salford Hundred.

pædia Metropolitana-Preliminary Obser- “ 2nd, Causes in the West Derby Hundred, vations and First Chapter.

and elsewhere. 3. Lindley's Introduction to the Study of “ Undefended Causes in each List shall be

Jurisprudence. Part 1, chapters iii, iv., called before the Defended Causes. vii., viii. and ix. (The text of Thibaut as “At about Two o'clock on each day, a List translated by Lindley, and the Notes of shall be drawn out by the Prothonotary of a the Translator.)

certain number of Causes to be taken on the Candidates for a Certificate will be examined following day, and if the Plaintiffs shall not be in

prepared in any Cause in order, the same shall 1. Sandars's Institutes of Justinian. Books be struck out, unless the Court shall otherwise 1 and 2.

direct. 2. The article on "Law” in the Encyclo- “So soon as the Judge in the Nisi Prius

pædia Metropolitana — The Preliminary Court shall have tried all Common Jury Causes Observations and First Chapter. to within about fifty from the end of the second

List, the Special Jury Causes shall be called The READER on Common Law

on, and taken in their order. proposes

“If the Judge presiding in the Crown Court to examine in the following subjects :

can assist in the trial of Causes, all Common Candidates for a Certificate will be examined Jury Causes in about the last fifty Causes in in

the second List shall be sent over to him, 1. The Elements of the Law of Contracts; which shall be stated in the notice of the pre

and in connection therewith Carter v.ceding day.”
Boehm, 1 Smith, L. C. 270, and Dalby v.
The India and London Life Assurance NOTES OF THE WEEK.

Company, 15 C. B. 365.
2. The Rules of Evidence relating to (1),

EXPECTED NEW QUEEN'S COUNSEL. The Burthen of Proof; (2), The Best Evidence; (3), Secondary Evidence-Tay

It is reported in one of the newspapers that lor on Evid., 2nd ed., Pt. ii., chapters 3-5 several gentlemen practising in the Equity inclusive.

Courts are to be called within the Bar at the 3. The Jurisdiction of Quarter Sessions and

commencement of the ensuing Term. Mr. the ordinary mode of procedure at a Cri- Cairns, M.P., Mr. Selwyn, Mr. Giffard, Mr.

minal Trial. Candidates for Honours will be examined in Green, and Mr. Shapter have been mentioned the foregoing subjects, and also in

as the Counsel whom the Lord Chancellor has 4. The Law relative to Distress for Rent selected for that distinction.-Morning Herald. (Smith's Lectures on Landlord and Te

Another journal adds to the candidates for nant; Lectures V., commencing at p. 141, and vi.)

silk gowns the names of Mr. Bazalgette, Mr. 5. The New Rules of Pleading, Trinity Shebbeare, Mr. Webster, Mr. C. Barber, Mr.

Term, 1853, in connection wherewith Fleming, Mr. Wickens, Mr. H. Palmer, and
should be read Lush's Pract. (edited by Mr. Goldsmid. Both lists contain the names
Stephen), book i., chapters 3 and 4.
By order of the Council,

of Mr. Cairns and Mr. Selwyn. The former, EDWARD RYAN, it is said, will practise in Vice-Chancellor Sir

Chairman (pro. tem.) W. P. Wood's Court, and the latter at the Council Chamber, Lincoln's Inn,

Rolls.-Morning Chronicle. 4th March 1856.

CHANCERY HOLIDAYS.

NEW ARRANGEMENT FOR THE TRIAL OF

CAUSES.

LIVERPOOL ASSIZES.

TheEaster holydays commenced on Thursday, the 20th March, and will terminate on

Thursday, the 3rd of April. The Court will The Liverpool Law Society have rendered resume its sitting on Friday, the 4th April

. good service by effecting an improved arrange

ROLLS CHAMBER VACATION SITTINGS. ment in the trial of causes. They sent a deputation to the Judges on Circuit at York, and

The Chambers of the Master of the Rolls,

Rolls Yard, Chancery Lane, will be open on their lordships favourably received the sug- Thursday, March 20; Wednesday, March 26; gested alteration. It is fully expected that the Thursday, March 27, and Friday, March 28, following regulation will be carried into effect from 11 to 1 o'clock, to dispose of applications at these Assizes :

for time. “ The Cause List shall be divided into two

LAW APPOINTMENTS. parts.

Mr. John George Calthrop, Solicitor, has This article is published separately. been elected Town Clerk of Boston.

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