A. The client may present a petition of course for taxation of his solicitor's bill; but if a year has elapsed, or the bill has been paid, a special application should be made by summons. If more than one-sixth of the bill is taxed off, the solicitor must pay the costs of taxation; if less than one-sixth, the client has to pay the charges.

Q.-A., the solicitor for B., the plaintiff in an action to recover a bond debt due from C., purchases the debt from B. pendente lite. He afterwards assigns it for value, without notice of the circumstances, to D., who gives notice to C. of his assignment. Advise on D.'s title to the debt.

A. Under the 25th section of the Judicature Act, 1873, sub-sect. 6, D. can only take subject to the equities affecting the debt; it would be still open to B. to set aside the transaction.

Q.-If one of a firm of solicitors be appointed and acts as trustee, is he or his firm entitled to professional charges? Refer to any recent decisions on the subject.

A. The rule that a trustee, being also a solicitor, will not be allowed bis professional charges, unless authorised by the trust instrument, has been modified by recent cases. In Cradock v. Piper, it was held that one of several trustees, being a solicitor, may be employed by his co-trustees, and make the usual charges against them, provided the amount of the cost be not thereby increased: (1 M. & G. 664; 15 L. T. Rep. N. S. 61.)

And in the case of Clark v. Carlon, it was decided by Wood, V.C., that where one of a firm of solicitors is a trustee, and he and his partner agree that the partner shall do all the work and have all the profits of the trust business, the partner may make and recover against the trust-estate the usual professional charges: (4 L. T. Rep. N. S. 361.)

Q.-Define the nature and extent of a solicitor's lien on papers in his hands belonging to his client, and also of his lien on a fund recovered in an action.

A.—The former is merely a right to withhold the deeds, &c., until his costs are paid; it is only a passive lien. It prevails as against the representatives of the client, but is only commensurate with the right of the client; so that when a mortgage is paid off, the solicitor of the mortgagee cannot retain the deeds. But a solicitor has a lien on a fund realised in an action for his costs of the action, or immediately connected with it; and this is a lien which he may actively enforce: (see Sm. Man. sect. 616.)

Q.-What are the rights of a solicitor who has a lien on a client's deeds and papers, with reference to the production as well as delivery of them up to his client?

A.-He cannot be compelled to deliver up or produce the documents to the client until his costs are paid. But the lien will not prevent the production of them in case of legal proceedings between third parties. Nor will the lien be allowed to prejudice the rights of persons claiming adversely and paramount to the client.

Q.-Have the town agents of a country solicitor any, and what, lien upon the papers in their hands belonging to the clients of the country solicitor?

A.-The town agent of the solicitor in the country has no lien for his general balance upon papers of the client which come into his hands; but he has a particular lien to the extent of his charges in the action or matter in which he has been the agent for the country client.

Q.-Is notice to the London agent of a solicitor of an infant purchaser binding on the purchaser, if the purchase is made under a judgment of the court?

A.-Notice to the London agent is sufficient, assuming that he has represented the purchaser in the proceedings.

Q. Can the court give solicitors a charge for their costs upon the property recovered or preserved by them?

A. Yes, unless the right to recover the costs is statute-barred; and all conveyances to defeat such charges are void, except as against a bonâ fide purchaser for value without notice: (23 & 24 Vict. c. 127, s. 28.)

Q. Can a solicitor, on taxation, get interest allowed on his cash disbursements, if he be fairly entitled thereto and if so, under what Act?

A. Yes. By sect. 17 of the 33 & 34 Vict. c. 28, the taxing master may allow interest at such a rate and from such time as he thinks just, on moneys disbursed by the solicitor for the client.

Q. What authority ought to be taken by a solicitor from his client for the prosecution or defence of an action?

A. The solicitor should be careful to obtain a written authority or retainer from his client to institute or defend the action. But although such authority may be by parol, yet if so, and the authority is afterwards disputed by the client, the onus probandi will lie on the solicitor: (Gold. Eq. 206, 4th edit.)

Q. Can the solicitor be made a party to an action for the purpose of compelling a discovery from him?

A.-If a writ for discovery be issued against a solicitor, he cannot be compelled to disclose the secrets of his clients; unless he is charged with fraud, as if he had assisted a client in obtaining a fraudulent deed: (St. Eq. §§ 1496, 1500.)

Q.-What is the rule with respect to the notice to the counsel, solicitor, or agent being notice to the client or principal ?

A. That it is good notice, since in each case it would be a breach of trust or confidence in the agent, solicitor, or counsel not to inform the principal or client. The notice to the counsel, solicitor, or agent must, however, be in the same transaction or in one closely followed by and connected with another: (see St. Eq. § 399; Le Neve v. Le Neve, 2 L. C. Eq. 23, 2nd edit. ; and 45 & 46 Vict. c. 39, s. 3.)

THE COURTS, JUDGES, AND OFFICERS THEREOF. (a) Question.-Name the several courts formerly having equitable juris

(a) As to the Supreme Court of Judicature, which includes the Court of Appeal and the High Court of Justice and its jurisdiction, see ante, p. 56, Common Law Division.

diction, distinguishing those in which the jurisdiction was limited, and to what extent.

Answer. The principal court of equity in England was the High Court of Chancery, of which the Lord Chancellor was the head; the different branches of the court were the Court of Appeal, the Court of the Master of the Rolls, and the Vice-Chancellors' Courts. There were also courts of equity in the Counties Palatine, in the two Universities, in the City of London, and in the Cinque Ports, but their jurisdiction was limited: (3 St. C. 350 n, 8th edit.) The Common Law Procedure Act, 1854, (17 & 18 Vict. c. 125), also invested the common law courts with an equitable jurisdiction; and the County Courts had a jurisdiction up to 5007. in certain cases.

Q. How far did the jurisdiction of the Court of Chancery extend? Could it make a decree relating to land out of the jurisdiction? State the rule.

A. The jurisdiction of the court, so far as enforcing its orders by attachment, &c., or binding land by its decrees, extended only to England and Wales. But it might order service of proceedings abroad, even though the subject-matter of the suit was also out of the jurisdiction: (Drummond v. Drummond, L. Rep. 1 Eq. 355; s. c. on app. 15 L. T. Rep. N. S. 337.) It followed that the court could not decree a partition of lands abroad; but it might enforce specific performance respecting such lands if the defendant was here, or came within the jurisdiction of the court. For the general rule was that although the property in controversy were out of, yet if the parties were, or came within, the jurisdiction, the court would, so far as it could, give relief by proceeding against the parties, and not directly against the property: (Ib.; Penn v. Lord Baltimore, 2 L. C. Eq. 762, 2nd edit.)

Q.-Enumerate the former equity judges in their order and rank, and describe the constitution of the courts of appeal, including the highest in the realm, and the mode of giving judgment in each.

A. The order in which the equity judges ranked were: 1. The Lord High Chancellor. 2. The Master of the Rolls. 3. The Lords Justices. 4. The Three Vice-Chancellors.

The Court of Appeal was constituted by the statute 14 & 15 Vict. c. 83, by which Act two Lords Justices sitting alone or with the Lord Chancellor, or one of the Lords Justices sitting alone with the Lord Chancellor, might hear appeals, and exercise the same jurisdiction, powers, and authorities as were exercised by the Lord Chancellor. By the 30 & 31 Vict. c. 64, s. 1, all the jurisdiction, powers, and authorities of the Court of Appeal might be exercised by either of the Lords Justices when sitting separately, but no decree made on the hearing of a cause, or on further consideration, could be reheard before such judges when sitting separately. As to present Court of Appeal see ante, p. 56.

The House of Lords was the highest court of appeal in the realm, and was composed of the peers of the realm, but the judgments were in general only considered by the law lords. It was constituted by the common law. The present court is constituted by 39 & 40 Vict. c. 59.

The judgments of each court were delivered by the respective judges

thereof in public. The Lord Chancellor was empowered by 15 & 16 Vict. c. 80, s. 60, to deliver a written judgment within six weeks after he had retired from office. The judgments of the House of Lords were delivered by the law lords, which were adopted by the House.

Q. What were the duties of the Accountant-General ? Was it his duty to manage the investment of the funds under the control of the court? And was he a judicial officer in any respect?

A.—The duties of the Accountant-General (now the Paymaster-General) were to perform all matters relating to the delivery of the suitors' money and effects into and taking them out of the Bank of England. But he did not actually receive the money, &c. ; it was merely placed in the bank in his name, and he kept an account with the bank, and gave the bank power to receive the dividends thereof as they became due. He could not invest the funds, unless paid in under statutory provision, without order of the court. He could not be said to be a judicial officer, unless, indeed, he were so under C. O. 1, rr. 1-8: (see Ayck. Pr. 444, 474, &c., 9th edit. and next answer.)

Q.-State shortly the effect of the Court of Chancery Funds Act, 1872. A. The principal effect of the Act (35 & 36 Vict. c. 44) was to abolish the office of the "Accountant-General" of the Court of Chancery and to transfer his duties to the "Paymaster-General." Sect. 14 provides that money paid into court shall, subject to the provisions of the Act and of any rule made thereto, be placed on deposit account and bear interest at 21. per cent. The orders made pursuant to the Act are now consolidated and amended by the Supreme Courts Funds Rules, 1884.

Q.-What are the duties of the examiners?

A.-They are to preside at the oral examination of witnesses; to administer oaths and take affirmations; to take down the examination in writing in the form of a narrative, read it over to the witness, and request him to sign it; and then transmit it to the central office: (Evans, Ch. Pr. 313, &c.; Hal. Suit, 54.)

Q.-State the duties of the clerks of records and writs.

A. Their duties are to issue and seal writs, enter appearances, and file affidavits, &c.

Q.-State the duties of the registrars.

A. They are principally to set down actions, and make out a list thereof, to take down minutes of the judgments, to draw up same and orders, and settle and sign them.

Q. What are the functions of the conveyancing counsel of the court? A. Their duties are to peruse abstracts, prepare conditions of sale, requisitions on title, and such conveyances as may be necessary on sales or investments carried out under direction of the court; also to prepare settlements under the Infants' Settlements Act, &c.: (see 15 & 16 Vict. c. 80, s. 40.)

Q. What is the distinction between the judicial and the administrative jurisdiction of the Chancery Division of the High Court. Name the officers who preside over each branch?

A. The judicial jurisdiction of the court consists in the decision or determination of the matter which is really at issue between the litigants. The administrative jurisdiction consists in the regulation of the proceedings used by the court to assist it in its judicial capacity, and to enforce its orders and judgments.

The judicial officers of the Chancery division of the High Court are the Lord Chancellor (the President), the Vice-Chancellor Bacon, and the four justices, Kay, Chitty, Pearson, and North. The administrative officers are the registrars, the taxing masters, the Paymaster-General, the chief clerks, and the record and writ clerks; but some of the duties of these are also partly judicial, as matters that come before the judges' chief clerks.

Q. How and when did the House of Lords gain the power of sitting as the highest court of appeal?

A.-The House of Lords succeeded to this authority, as of course, upon the dissolution of the Aula Regia. For, as the barons of Parliament were constituent members of that court, and the rest of its jurisdiction was dealt out to other tribunals, over which the great officers who accompanied those barons were respectively delegated to preside, it followed that the right of receiving appeals, and superintending all other jurisdictions, still remained in the residue of that noble assembly, from which every other great court was derived: (see St. C. 361, 8th edit.) (a)

PARTIES TO SUITS.

Question.-State the different disabilities by which a person may be hindered from suing, and the distinguishing characters of these disabilities.

Answer. The usual disabilities are infancy, coverture, idiotcy, and lunacy. For, as to infants and lunatics and idiots, they are generally treated as having no capacity to bind themselves, from the want of sufficient reason and discernment of understanding; but married women may now sue as femes soles. These disabilities are, however, more as a protection than otherwise. On the other hand, as a suit cannot be instituted against them, it would be unjust to allow them to institute suits against others, when they are not liable for their own acts, for the remedy ought to be mutual. So an alien enemy cannot sue, nor an outlaw, nor a convict, nor a bankrupt, for that would be contrary to public policy. So, if both parties are in pari delicto, the court will not interfere; and see ante, p. 423.)

Q. What is the rule as to making parties to suits, and has any recent

(a) Lord Hale, however, accounts for the appeal to the House of Lords in equity cases from the notorious misconduct of Bacon as a judge. See note to Lord Campbell's "Life of Bacon." It is proved that the Lords did not entertain appeals in equitable cases before the reign of Charles I.: (see Hallam's Const. Hist. p. 24, vol. 3, 9th edit.) As to present formation of the court, see 39 & 40 Vict. c. 59, which provides for the appointment eventually of four Lords of Appeal in ordinary (to be life peers) to aid the House in hearing appeals (s. 6), and requires every appeal to be heard before three lords of appeal (law lords) at least (s. 5).