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Turnley on the Language of the Eye.-Law of Attorneys and Solicitors.


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 he has now added a work dedicated to the Earl of Ellesmere, as the President of a Li


terary 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 as indicative of General Character," &c. Amongst others, the volume contains chapters on the following subjects:The importance of the eye. Light and colour.

Motion and shape, with illustrations.
Physiology of the eye, with illustrations.
Comparison with the other senses.
General expression.
National expression.

Expression as indicative of character.

Then follow dissertations on genius; imagination; hope; dignity; resignation, &c., with numerous sketches and illustrations of great taste and beauty.

MR. FLUKER acted as the solicitor of Watson, in which a Mr. Taylor was their the infant plaintiffs in a cause of Timms v. next friend. By the decree on further directions, the costs of all parties in the suit were ordered to be taxed, as between solicitor and client, and paid out of the fund in Court,-the plaintiffs' costs to be paid to Mr. Fluker, their solicitor.

An order to change the plaintiffs' solici tors was obtained on Feb. 15, 1855, and on March 2 following, Mr. Taylor obtained an Fluker of a bill of fees and disbursements order of course, for the delivery by Mr. in all suits, causes, and other matters of business in which he had been employed as We extract the following passage from tion, &c. It appeared that the costs of Mr. solicitor for the petitioner, and for its taxathe 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 and ingenious advocate in the examination of witnesses whose accuracy or veracity is doubtful. Mr. Turnley observes that

"An extreme state of guilt, with habitual vice, will sometimes hide and coil itself so far within the heart that the eye does not reveal all which is passing and purposing there. But a few glances from the eye of a man of sound heart and mind, will generally convince him, whether the mood of mind, apparent in eyes is natural, or temporary and artificial.

"The leading features of the mind cannot long escape the strict and intelligent observer, whether there is prevalent an habitual vice, or a delight in virtuous duties; and even what is the leading vice or active virtue. We consider the intentions may be most readily detected by the innocent and most intelligent; and although, the tongue may declare differently, it rarely evades the searching spirit of innocence. "The youthful Prince Arthur soon detected some hidden purpose in the mind of Hubert, who was commissioned to put out the eyes of the prince. The reader will remember the interesting colloquy, commencing 'Are you 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


The Master of the Rolls said :—

It would

"I cannot accede to this motion. that a client cannot obtain an order of course work injustice in many cases, if it were held to tax his solicitor's bill, if any of the items happen to be included in an existing order to tax in a suit.

"What would be the result? How is the client to get his papers? There may be additional costs not included in the decree, and is the client to wait until all the costs have been taxed in the suit? Mr. Fluker is no longer the solicitor in the cause, and cannot prosecute the decree himself, except by a special application; it must be done by the existing solicitor, although Mr. Fluker will be entitled to the amount of the plaintiffs' costs when ascertained.

in having two bills of costs and two orders to "There may be considerable inconvenience tax, and I strongly advise the parties to come to some arrangement to obviate it. I must, however, refuse the motion with costs." In re Fluker, 20 Beav. 143.


Law of Costs.-Fines on Copyholds.-Manchester Law Association.


A SOLICITOR had charged 10%. 10s. for a journey to Paris to obtain the execution of a deed, and 157. 13s. 6d. for his expenses. The Taxing Master allowed 107. as the expenses which would have been incurred in obtaining the execution in Paris, through an agent.

manded on the rack-rent, amounting to about 20,000l.!!!

Considering the interest and property of the copyholder, which was indisputably limited to the actual rents receivable by him, the surplus being that of the builder and the builder alone, the fine would have been 3,000l. only.

It may be remembered that the See of Canterbury, or rather at present the Ecclesiastical Commissioners in the adjoining manor of Lambeth, invariably take fines computed on the ground-rent only, and not on the rack-rent.

I by no means maintain that the present lord of the manor (His Royal Highness the Prince of Wales as Duke of Cornwall) was bound by the act of his ancestor a preceding lord, or of the act of his steward; and strictissimi juris a full fine on the rack-rent of 20,000l. might have been legally demanded, and in such a case the Court of Queen's Bench could not interfere as in the case of a subject. I abstain from noticing the direful effects resulting from such a procedure, they can be

Counsel on a motion to review the taxation, relied first on the urgency of the case, the settlement of the matter having been completed on April 11, when the 24th was the last day on which it could have been effected, and 2ndly, that on another occasion, the expenses of a journey to Paris, by the express desire of the client, had been allowed on taxation, and that the client, though he had given no express directions in the present instance, had after-more easily imagined than pourtrayed; but I wards sanctioned it.

The Master of the Rolls said-"The Master has come to a right conclusion. It is obvious, on the evidence, that it was not necessary to take this journey, and it stands on a totally different footing from the other journey, which was undertaken by the express desire of the client. The recognition amounts to this :-'I ought to pay in consequence of the advantage I have obtained from it.' It is not a promise or wish to pay, whether he was liable or not, in the same way as if he had originally directed the journey to be taken. The motion must be refused." In re Bevan, 20 Beav. 146.


am quite sure it would neither have added to
the respect, esteem, and devotion of the vari-
heir apparent.
ous copyholders of the manor towards the

I congratulate ALL on the wise determination of the Council to compromise the matter and to accept a fine of 5,000l. This result reI hope, be followed by similar kind and flects no little credit on the Council, and will, considerate concessions. A contrary course would have entailed ruin on the infant devisee. Surely the state of the law imperiously calls M. A. for some amendment.

15th March, 1856.


To the Editor of the Legal Observer.
SIR,-In an editorial note on your report

DUCHY OF CORNWALL.-BUILDING LEASES. of the recent anniversary dinner of the ManDURING 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.

A gentlemen held various lands at Vauxhall, which, pursuant to a licence to demise in 1824, from the then steward in the time of a preceding lord, he granted on building leases at rents on the aggregate 1,100l. a year, while other parts were let to tenants at will at 400l. a-year, making together 1,500l. a-year. At the time the licence was granted it was arranged between the copyholder and the steward that the fine should be assessed during the term on a rent of 80l. a-year, and no more: in fact the words of the licence are, "for the term of 80 years at the rate of 801. per annum, to commence from the 25th March.

had the honour to propose, that the services of the Incorporated Law Society during a period of 30 years did not appear to have been acknowledged at the dinner.

Lest it should be inferred that the numerous, able, and important services rendered by the Incorporated Society are not appreciated at Manchester, permit me to observe that the toast originated years ago when the society which is the subject of it became an extension of an organisation which previously consisted merely of members of the com

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.


"At every call to the Bar those Students

able presence at our dinners of several members of the Managing Committee of the Me-who have passed a Public Examination, and tropolitan and Provincial Society, the toast became a customary one.

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of Honour, shall take rank in seniority over either obtained a Studentship or a Certificate all other Students who shall be called on the same day."

"No Students shall be eligible to be called to the Bar who shall not either have attended during one whole year the Lectures of two of the Readers, or have satisfactorily passed a Public Examination."

Rules for the Public Examination of Candidates for Honours, or Certificates, entitling Students to be called to the Bar.

An Examination will be held in next Trinity Term, to which a Student of any of the Inns of Court, who is desirous of becoming a Candidate for a Studentship or Honours, or of obtaining a Certificate of Fitness for being called to the Bar, will be admissible.

Each Student proposing to submit himself for Examination will be required to enter his name at the Treasurer's Office of the Inn of Court to which he belongs, on or before Friday, 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 honourable distinction; or whether he is merely desirous of obtaining a Certificate preliminary to a Call to the Bar.

The Examination will commence on Monday, the 19th day of May next, and will be continued on the Tuesday and Wednesday following.

It will take place in the Bencher's Reading Room of Lincoln's Inn; and the doors will be closed Ten Minutes after the time appointed for the commencement of the Examination.

The Examination by Printed Questions will be conducted in the following order :Monday Morning, the 19th May, at halfpast Nine, on Constitutional Law and Legal History; in the Afternoon, at halfpast One, on Equity.

Tuesday Morning, the 20th May, at halfpast Nine, on Common Law; in the Afternoon, at half-past One, on the Law of Real Property, &c.

The attention of the Students is requested to the following Rules of the Inns of Court:— "As an inducement to Students to propose themselves for examination, Studentships shall be founded of Fifty Guineas per annum each, to continue for a period of three years, and one such Studentship shall be conferred on the most distinguished Student at each Public Examination; and further, the Examiners shall Wednesday Morning, the 21st May, at halfselect and certify the names of three other Students who shall have passed the next best Expast Nine, on Jurisprudence and the Civil Law; in the Afternoon, at half-past One, aminations; and the Inns of Court to which such Students belong, may, if desired, dispense a Paper will be will given to the Students including Questions bearing upon all the with any Terms, not exceeding two, that may 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 they shall be of opinion that the Examination of the Students they select has been such as entitles them thereto."

on the same subjects, as those already marked out for the Examination by Printed Questions, except that on Wednesday Afternoon there will be no Oral Examination.

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The Oral Examination of each Student will he conducted apart from the other Students; and the character of that Examination will vary according as the Student is a Candidate for Honours or a Studentship, or desires simply to obtain a Certificate.

The Oral Examination and Printed Questions will be founded on the Books below-mentioned; regard being had, however, to the particular object with a view to which the Student presents himself for Examination.

In determining the question whether a Student has passed the Examination in such a manner as to entitle him to be called to the Bar, the Examiners will principally have regard to the general knowledge of Law and Jurisprudence which he has displayed.

A Student may present himself at any number of Examinations, until he shall have obtained a certificate.

Any Student who shall obtain a Certificate may present himself a second time for Examination as a Candidate for the Studentship, but only at one of the three Examinations immediately succeeding that at which he shall have obtained such certificate; provided, that if any Student so presenting himself shall not succeed in obtaining the Studentship, his name shall not appear in the list.

Students that have kept more than 11 Terms shall not be admitted to an Examination for the Studentship.

The READER on CONSTITUTIONAL LAW and LEGAL HISTORY proposes to examine on the following subjects :

He will expect the Candidates for Honours in the ensuing Examination to be well acquainted with the Chapters in Hallam's Constitutional History which treat of the Reigns of Elizabeth, and of Charles and James the First, and of Charles the Second. He will expect them to be well acquainted with the Chapters in Stephen's Blackstone, relating to the Law of Treason and the History of our Testamentary Law, and with the State Trials during the period mentioned above.

The Candidate for a Pass will be expected to answer any general questions on the leading facts in English History, to be well acquainted with the History of the Reigns of James the First and of Charles the First, and with the Chapters in Mr. Hallam's Constitutional History, in which the events of that period are discussed.

He will expect them also to be acquainted with the Trials of Russell, College, and Sydney.

The READEE on EQUITY proposes to examine in the following Books :

1. Smith's Manual of Equity Jurisprudence;

Mitford on the Pleadings in the Court of Chapter 1, Chancery. Introduction:

sec. 1 and 2; chapter 2, sec. 2, part 1
(the first three pages); chapter 2, sec. 2,
part 2 (the first two pages); chapter 2,
The Act for the
sec. 2, part 3; chapter 3.
Improvement of the Jurisdiction of Equity,
15 & 16 Vict. c. 86.

2. The Cases and Notes contained in the first
volume of White and Tudor's Leading
Cases, and the Subjects of Charitable and
Superstitious Uses with reference to the

43 Eliz. C. 4,

1 Ed. VI. c. 14, and the cases; Attorney-General v. Ironmongers' Company, Cr. & Ph. 208.

West v. Shuttleworth, 2 M. & K. 684. Thetford School Case, 8 Co. 130. Candidates for Certificates of Fitness to be

called to the Bar will be expected to be well acquainted with the Books mentioned in the

first of the above Classes.

Candidates for the Studentship or Honours will be examined in the Books mentioned in the two Classes.

The READER on the LAW of REAL PROPERTY proposes to examine in the following Books and Subjects :

1. Williams, Real Property; Sugden, Powers, vol. 1.

2. Alienation by Tenants in tail, and the Alterations introduced by the 3 & 4 Wm. 4, c. 74.

3. The Power of Testamentary Disposition, and the Statutory Rules of Construction contained in 1 Vict. c. 26.

4. The Law of Perpetuity, with reference to indefinite Powers of Sale and Exchange (2 Sugd. Pow. 469); and the Doctrine of Cy-Pres; Monypeny v. Dering, 16 Mee. & W. 418; 2 De G., M. & G., 145.

5. The transmissibility of Powers of Sale, Macdonald v. Walker, 14 Beav. 556; and the Liability of Purchasers to see to the Application of their Purchase Money, Stroughill v. Anstey, 1 De G., M. & G., 635.

Candidates for Honours will be examined in all the foregoing Books and Subjects. Candidates for a Certificate will be examined in those mentioned in parts 1, 2, and 3.

The READER on JURISPRUDENCE and the CIVIL LAW proposes to examine Candidates for Honours in the following Books and Subjects :

1. Warnkönig's Institutiones Juris Romani Privati-The Introduction and the First Part of the Second Book.

Inns of Court Examination.-Liverpool Assizes.—Notes of the Week.

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The READER on COMMON LAW proposes to examine in the following subjects:

Candidates for a Certificate will be examined

in1. The Elements of the Law of Contracts; and in connection therewith Carter v. Boehm, 1 Smith, L. C. 270, and Dalby v. The India and London Life Assurance Company, 15 C. B. 365.

2. The Rules of Evidence relating to (1), The Burthen of Proof; (2), The Best Evidence; (3), Secondary Evidence-Taylor on Evid., 2nd ed., Pt. ii., chapters 3-5 inclusive.

3. The Jurisdiction of Quarter Sessions and the ordinary mode of procedure at a Criminal Trial.

Candidates for Honours will be examined in the foregoing subjects, and also in

4. The Law relative to Distress for Rent (Smith's Lectures on Landlord and Tenant; Lectures v., commencing at p. 141, and vi)

5. The New Rules of Pleading, Trinity Term, 1853, in connection wherewith should be read Lush's Pract. (edited by Stephen), book i., chapters 3 and 4. By order of the Council, EDWARD RYAN, Chairman (pro. tem.)

Council Chamber, Lincoln's Inn,

4th March 1856.




THE Liverpool Law Society have rendered good service by effecting an improved arrangement in the trial of causes. They sent a deputation to the Judges on Circuit at York, and their lordships favourably received the suggested alteration. It is fully expected that the following regulation will be carried into effect at these Assizes:

"The Cause List shall be divided into two parts.

This article is published separately.


"1st, Causes in the Salford Hundred. "2nd, Causes in the West Derby Hundred, and elsewhere.

"Undefended Causes in each List shall be called before the Defended Causes.

"At about Two o'clock on each day, a List shall be drawn out by the Prothonotary of a certain number of Causes to be taken on the following day, and if the Plaintiffs shall not be prepared in any Cause in order, the same shall be struck out, unless the Court shall otherwise direct.

"So soon as the Judge in the Nisi Prius Court shall have tried all Common Jury Causes to within about fifty from the end of the second List, the Special Jury Causes shall be called on, and taken in their order.

"If the Judge presiding in the Crown Court can assist in the trial of Causes, all Common Jury Causes in about the last fifty Causes in the second List shall be sent over to him, which shall be stated in the notice of the preceding day."


EXPECTED NEW QUEEN'S COUNSEL. It is reported in one of the newspapers that several gentlemen practising in the Equity Courts are to be called within the Bar at the commencement of the ensuing Term. Mr. Cairns, M.P., Mr. Selwyn, Mr. Giffard, Mr. Green, and Mr. Shapter have been mentioned as the Counsel whom the Lord Chancellor has selected for that distinction.-Morning Herald.

Another journal adds to the candidates for silk gowns the names of Mr. Bazalgette, Mr. Shebbeare, Mr. Webster, Mr. C. Barber, Mr. Fleming, Mr. Wickens, Mr. H. Palmer, and Mr. Goldsmid. Both lists contain the names of Mr. Cairns and Mr. Selwyn. The former, it is said, will practise in Vice-Chancellor Sir W. P. Wood's Court, and the latter at the Rolls.-Morning Chronicle.


The Easter holydays commenced on Thursday, the 20th March, and will terminate on Thursday, the 3rd of April. The Court will resume its sitting on Friday, the 4th April.

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