: 502 Metropolitan and Provincial Law Association.-Law of Attorneys. The subject of an educational test of fitness to be articled had frequently engaged the earnest and zealous attention of the committee, and during the past year various suggestions had been submitted to the Incorporated Law Society, it being considered that that body was peculiarly qualified to bring the question to a practical solution. Since the stamp duty and the duty on articles of clerkship had been reduced, by which means the facilities. for entering the Profession had been increased, this question had become of still greater importance. No doubt the poor candidate should not be excluded simply because he was poor, but they must not allow their sympathy for worth by poverty distressed, make them forget that poverty was not a proof of worth. Let their candidates, whether rich or poor, be examined before persons especially appointed, and stand upon their merits. They might leave to the examiners to decide whether the examination should be on ancient classics and mathematics, or on a curriculum of a more general and practical character; but he thought the examination should precede clerkship, and should be made a test of fitness for articles. With such an examination they would have some guarantee as to the future success of the candidate. that candidates for the Profession should receive something more than a merely legal education, and he therefore felt that it devolved upon them to exert themselves to endeavour to bring the Legislature into the same way of thinking; and he hoped that before long, with the assistance of the Incorporated Law Society, they might have formed a code of rules which would secure those advantages. He begged to second the resolution, which was carried after some remarks by The Chairman, who stated that the attention of the Incorporated Law Society had been anxiously devoted to the subject. Mr. Field having taken the chair, R. Barr, Esq., of Leeds, moved in a very complimentary manner, and T. Burn, Esq., of Sunderland, seconded "That the cordial thanks of this meeting be given to the Chairman for his excellent services in the chair this day, and for his constant devotion and zeal to the interests and honour of the Profession generally.". After the meeting above forty members dined together at five o'clock, at the White Horse Hotel; Mr. Shaw in the Chair. A good deal of interesting conversation took place upon the proposed educational test, and on the sugges tion which had been made by Mr. Ryland, that at these meetings previously prepared papers should be read and discussed. gestion met with general approval, and a warm invitation was given by Mr. Unett, of Birming ham, to make that town the place of meeting next year. The party broke up soon after ten o'clock. This sug LAW OF ATTORNEYS. J. Lewis, Esq. (Wrexham), said, the subject had been before the members for the last eight or ten years, that the Legislature had in a great degree conceded the necessity of it, by affording advantages to gentlemen who had taken a degree at the university. Whilst a classical education was necessary, it was not enough, and he hoped that ere long, gentlemen before they were articled would produce certificates that they attended a course of lectures on all the various branches of physical science. After illustrating the great importance of such knowledge, Mr. Lewis said, he TAXATION thought it must be obvious to every one that a mere pecuniary test was not at all satisfactory. Any man who could raise his 80l. could, if it It appeared that on May 23, 1850, a client were necessary, raise a larger sum, and therefore a pecuniary test could not be any evi- presented a petition to the Master of the dence of respectability. He could recollect the Rolls for the taxation of the bill of costs of time when the idea of solicitors undergoing her solicitor, upon which the usual order was any examination as to their legal fitness was made, and a direction that no proceedings at laughed and sneered at, and in some instances law or otherwise should be commenced against it was said by members of the Bar that attor OF COSTS. WHERE CERTIFICATE NOT FILED.-RESTRAINING ACTION AT LAW. neys did not require a knowledge of law. They her in respect of the bill pending the reference. knew the reason of that. If an attorney did not The Master accordingly certified on August know law, he must take a great many more 30, 1850, but the amount of the bill as taxed counsel's opinions. Gentlemen of the Bar stood in an invidius position-a man who was less by a sixth part than the bill delivered. could not write his own name might be called The client died on Dec. 31, 1851, without to the Bar if he would pay his 100l., and eat having filed the certificate, and in July, 1852, the requisite number of dinners, and then he her representatives tendered the amount as might claim the exclusive privilege, which was taxed to the solicitor, who refused to accept not found in America, and which prevented solicitors from conducting their cases from the the same, and in the November following commenced an action against them for the amount It was commencement to the termination. We are indebted for this Report to The Leeds Intelligencer of 21st October, with a copy of which, accompanied by some corrections, we have been favoured.-ÉD. Law of Attorneys.-Law of Costs.-Annual Registration of Attorneys. to restrain this action, and for the delivery up of documents, against which the solicitor now appealed. 503 of his bill after deducting the excess of re- Considering that his Honour was dealing with ceipts over payments. The Master of the a case which affected the general interests of Rolls, on Jan. 17, 1853, granted an injunction society, and particularly the whole class of solicitors, I think that it would have been to forget what was due to the Court, to society, and to justice, not to make the order. I am not sure that I am doing right in not giving my voice for a stronger decision than merely saying, as I do that the appeal ought to be dismissed with costs." In re James Campbell, 3 De G. M'N. & G. 585. Bruce, L. J., said,-"The taxation was completed in August, 1850, and the Master issued his certificate. The lady lived until the end of 1851. During this time-a year and six months-it appears that the certificate of the Master was not filed, but the solicitor did not require it to be filed or complained of its not having been filed, nor has he ever alleged that he was unaware of its nature, which he must be taken to have well known. "It has been urged on his behalf, that by this omission the certificate became void; but I am clearly of opinion that it did not. It may very well be that until filing it no proceedings could be taken under it, or for the purpose of complaining of it. That is quite a different question. There is no pretence for the argument that the certificate was invalid by reason that it was not filed. "The lady having died in December, 1851, without having paid this small amount [91.] due from her, a tender, or substantially a tender, of that sum was, in the following July, made to the solicitor on behalf of her representative, her daughter, accompanied by a demand of her papers, which, on payment, he was bound to return. He refused to return them, upon the ground, as I understand- -an utterly mistaken ground-that the taxation LAW OF COSTS. OF SUIT, WHERE TRUSTEE DIVIDES ESTATE THE trustee of a will, acting upon the opinions of two counsel, had distributed the whole estate according to a different view of the construction of the will to that which the Court, upon a claim, held the proper construction. He was ordered to pay the costs of the suit, as well as pay the amount of the share to a child who was entitled. Boulton v. Beard, 3 De G., M'N. & G., 608. OF TEMPORARY INVESTMENT OF PURCHASE- It appeared that the purchase-money of some settled land, taken under the powers of a railway act, was paid into Court, and that afterwards a contract was entered into for the investment of the money in land. A petition was subsequently presented for the temporary investment of the money in consols: Held, that the proceeding was not vexatious, and that the company must pay the costs. In re Liverpool, &c., Railway Company, 17 Beav. 392. was invalid for the reason that I have before censurable. "A petition was presented at the Rolls, for the delivery of the deeds and for the stay of the action, and the Master of the Rolls, with perfect propriety, made the order with costs, but allowed the solicitor the 91. due to him. REGISTRATION OF AT- REGULATIONS. THE Forms of Declaration, under the 6 & 7 Vict. c. 73, may be had on application at the Office of the Incorporated Law Society, Chancery Lane. The Members of the Profession are requested to be particular in filling them up, either by themselves, their partners, or their London Agents; and to send them to the office on as early a day as possible. does not contain all the particulars required by 1. No Declaration can be acted upon which the Act of Parliament. 2. Every Declaration must be delivered at 504 Annual Registration of Attorneys.-Queries of Articled Clerks.-Legal Obituary. the Office six days before a Certificate can be received by the Registrar of Attorneys during granted. the present vacation. The names marked thus 3. No Certificate will be delivered out till were Members of the Incorporated Law SoMonday, November 20. 4. In the first six days commencing on Nov. 20, Certificates will be delivered only to such London Agents as shall in due time previously, have sent in the Declarations of themselves and their Country Clients, accompanied by a List thereof arranged in alphabetical order, and written on foolscap paper bookwise. 5. These six days will be appropriated among the London Agents, in the following order :The Letters refer to the initial of the Agent's surname or that of the senior partner in the case of a Firm. Those commencing with- C, D, E, or F, Nov. 20 21 22 23 24 25 6. On every day subsequent to November 25, the Certificates will be delivered to the rest of the Profession. 7. The Fee of 1s. 6d. fixed by the Act for issuing each Certificate is to be paid on taking the same away. ciety. Hobhouse, Right Hon. Henry, Keeper of her Majesty's State Papers, and one of the Ecclesiastical Commissioners for England, aged 78. He was called to the Bar at the Middle Temple Jan. 23, 1801, appointed Solicitor to the Customs in 1806, and Solicitor to the Treasury in 1812. He held the office of Under Secretary of State for the Home Department from June, 1817, to July, 1827. He was appointed Keeper of the State Papers in May, 1826, and sworn a Privy Councillor in June, 1828. Died April 13, 1854. Holt, William, Solicitor, of Liverpool (firm Holt and Rowe). Admitted on the Roll Hilary Term, 1830. Died 1853. Horner, Robert Ryder, Solicitor, of Glouces ter. Admitted on the Roll Easter Term, 1839. Died April 15, 1853. *Hutchison, Andrew Kennedy, Solicitor, of 3, Furnival's Inn, Holborn (firm Hutchison and Boyd). Admitted on the Roll Trinity Term, 1812. Died Feb., 1853. to Trustees of Turnpike Roads, Perpetual Com Ingle, Thomas, Solicitor, of Belper, Clerk missioner, Clerk to the County Court and Belper Gas Company. Admitted on the Roll Hilary Term, 1822. Died April 11, 1853. Jackson, William Windale, Solicitor, of 2, Field Court, Gray's Inn, and Hammersmith, aged 41. Admitted on the Roll Easter Term, 1842. Died April 24, 1852. James, John, Solicitor, Secondary of London, aged 69. Admitted on the Roll Michaelmas Term, 1805. Died July 21, 1852. Jameson, Hon. Robert Sympson, Vice-Chancellor of Upper Canada. Called to the Bar at the Middle Temple, Nov. 28, 1823. Died August 1, 1854. Jardine, Thomas, Solicitor, of Bolton-leMoors. Admitted on the Roll Michaelmas Term, 1815. Died Nov. 5, 1853. Jarvis, Edward Kern, Solicitor, of Hinckley, Perpetual Commissioner. Admitted on the Roll Hilary Term, 1827. Died Jan, 1, 1853. Jennings, Thomas Robert, Solicitor, of Evershot. Admitted on the Roll Hilary Tirm, 1842. Died March 21, 1853. Jennings, Joseph Crew, Solicitor, of Evershot. Admitted on the Roll Easter Term, 1830. Died March 23, 1854. Johns, Henry William, Solicitor, of BlandDorset, aged 76, Admitted on the Roll Mi ford, Registrar of the Archdeaconry Court of chaelmas Term, 1798. Died May 26, 1854. Johnson, Thomas Edward, Solicitor, of 58, Lincoln's Inn Fields. Admitted on the Roll Michaelmas Term, 1837. Died 1853. Johnson, John, Solicitor, of 19, Cockspur Street, Pall Mall. Admitted on the Roll Michaelmas Term, 1809. Died 1853. Johnstone, John, Solicitor, of Bishops StortAdmitted on the Roll Easter Term, Died 1853. ford. Legal Obituary. Jones, John, Solicitor, of Beaumaris. Ad- Roll Hilary Term, 1825. mitted on the Roll Trinity Term, 1823. Died 1852. 1853. Jones, Henry Julius, Solicitor, of 30, Bury Street, St. James. Admitted on the Roll Michaelmas Term, 1838. Died May, 1853. Jones, John Alexander, Solicitor, of 9, Quality Court, Chancery Lane, aged 27. Admitted on the Roll Michaelmas Term, 1845. Died Jan. 28, 1852. Keeling, William, Solicitor, of Newport, Salop. Admitted on the Roll Hilary Term, 1843. Died Aug. 6, 1854. Kelsall, Henry, Solicitor, of Chester, Perpetual Commissioner. Admitted on the Roll Trinity Term, 1820. Died Oct. 4, 1853. *Kewell, Wm., Solicitor, of 8, Angel Court, Throgmorton Street (firm Gregson and Kewell), aged 58. Admitted on the Roll Easter Term, 1822. Died July 30, 1852. King, John Algernon, Solicitor, of Holbeach, Lincolnshire (firm Sturton, Key, and King), aged 30. Admitted on the Roll Hilary Term, 1847. Died July 28, 1854. Kingsford, Philip, Barrister-at-Law, of 1, Middle Temple Lane. Called to the Bar at the Middle Temple, Nov. 19, 1847. Died Sept. 3, 1854. *Kitson, Frederick, Solicitor, Proctor, and Notary, of Exeter (firm Sanders and Kitson). Admitted on the Roll Easter Term, 1841. Died June, 1853. Knight, Henry, Solicitor, of 80, Basinghall Street. Admitted on the Roll Michaelmas Term, 1843. Died 1853. Lamb, Henry, Solicitor, of Kettering. mitted on the Roll Easter Term, 1812. Aug. 1852. 505 Died May 23, Liddell, Alexander, Solicitor, of Poulton-inthe-Fylde, Clerk to the Magistrates. Ad. mitted on the Roll Trinity Term, 1824. Died Sept., 1853. Livett, Andrew, Solicitor, Notary, and Perpetual Commissioner, of Bristol (firm A. J. and H. Livett). Admitted on the Roll Michaelmas Term, 1805. Died Sept. 30, 1852. *Lumley, Robert Wheatley, Solicitor, of 18, Carey Street (firm Lumley, Nicholl, and Smyth). Several years a member of the Council of the Incorporated Law Society. Admitted on the Roll Hilary Term, 1827. Died July, 1852. Lush, James Wilmot, Solicitor, 33, Spital Square (firm Lush and Merceron), Chief Bailiff of the Tower of London, one of the Clerks to Lieutenancy and the Commissioners of Land and Assessed Taxes for Tower Division. Admitted on the Roll Hilary Term, 1805. Died June 16, 1853. *Luttly, Beaumont Charles, Solicitor, of Dyers' Hall, College Street, Dowgate Hill, and Wandsworth, Surrey (firm Luttly and Batt), Clerk to the Dyers' Company, and to the Commissioners of Taxes for West Brixton. Admitted on the Roll Hilary Term, 1817. Died July, 1852. Macaulay, Colin Campbell, Solicitor, of Leicester (firm Berridge and Macaulay). Admitted on the Roll Easter Term, 1823. Died Oct. 20, 1853. Malden, Alexander Lloyd, Solicitor, of WorAd-cester. Admitted on the Roll Michaelmas Died Term, 1851. Died Feb. 12, 1852. Lampitt, Edward, Solicitor, of Watlington. Admitted on the Roll Michaelmas Term, 1826. Died 1853. *Lane, John, Solicitor, of Goldsmiths' Hall, Foster Lane (firm Lane and Prideaux), Clerk to the Goldsmiths' Company. Admitted on the Roll Michaelmas Term, 1810. Died Jan. 16, 1852. Langley, John Henry, Solicitor, of Cardiff. Admitted on the Roll Hilary Term, 1829. Died Dec., 1853. Law, Charles John, Solicitor, of Oxford. Admitted on the Roll Trinity Term, 1840. Died Aug., 1853. Lawrence, Juner Perry, Solicitor, of Cambridge, aged 34, Clerk to the Magistrates and to the Commissioners of Land and Assessed Taxes of the Division of Bottisham. Admitted on the Roll Hilary Term, 1837. Died Feb. 14, 1852. *Lediard, Samuel, Solicitor, of Cirencester, Perpetual Commissioner for Gloucester, Wilts, and Berks. Admitted on the Roll Trinity Term, 1828. Died 1852. *Lee, Thomas Eyre, Solicitor, of Birmingham (firm Lee, Pinson, and Best), aged 62. Admitted on the Roll Michaelmas Term, 1812. Died May 20, 1852. Leigh, Robert, Solicitor, of Knotts Oak, near Ilminster, Somersetshire. Admitted on the Martin, Charles, Solicitor, of the Vintners' Hall, Upper Thames Street, Clerk of the Vintners' Company. Admitted on the Roli Trinity Term, 1815. Died Sept., 1852. Matthews, John, Solicitor, and Perpetual Commissioner, of Oxford, aged 50. Admitted on the Roll Hilary Term, 1828. Died Aug. 25, 1854. Medwyn, John Hay Forbes, Lord, formerly a Lord of Justiciary, aged 77. He was called to the Scottish Bar in 1799, was appointed Sheriff-depute of the County of Perth in 1807, Judge of the Court of Session in Jan., 1825, and Lord of Justiciary in 1830. Died July 25, 1854. *Meggy, Robert, Solicitor, of 34, Trinity Square, and 11, Three Crown Square, Southwark, aged 46. Admitted on the Roll Michaelmas Term, 1826. Died March 27, 1852. Miller, Giles, Solicitor and Perpetual Commissioner, of Goudhurst (firm Miller and Hinds). Admitted on the Roll Michaelmas Term, 1817. Died 1853. Millett, Charles, Solicitor, of Hindon, Wilts. Admitted on the Roll Trinity Term, 1799. Died Feb., 1854. Millett, John Fortescue, Solicitor, of Marazion and Penzance, Cornwall, aged 48. Admitted on the Roll Trinity Term, 1828. Died June 29, 1852. Minshull, Samuel, Solicitor, of Liverpool. Admitted on the Roll Hilary Term, 1825. |kins). Admitted on the Roll Michaelmas Term, 1839. Died July 24, 1854. Died Oct., 1852. *Molloy, Charles, Solicitor, of 8, New Square, Lincoln's Inn. Admitted on the Roll Easter Term, 1820. Died May 12, 1852. Osborne, Robert, Solicitor, of Bristol, aged 46 (firm Osborne, Ward, Knapp, and Fellows). Admitted on the Roll Hilary Term, 1833, Died June 1, 1854. Ostler, William, Solicitor, of Grantham, Per Moore, Samuel, Solicitor, of Castlegate, Nottingham, Clerk of the Peace for the Town, Clerk to Charity Trustees, and Perpetual Commis-petual Commissioner (firm Ostler, Sons, and sioner. Admitted on the Roll Hilary Term, 1835. Died Nov., 1852. *Moorhouse, Thomas, Solicitor, of Halifax, Yorkshire, aged 38. Admitted on the Roll Trinity Term, 1835. Died June 4, 1852. Morgan, John, Solicitor and Perpetual Commissioner, of Llandovery (firm Morgan and Evans). Admitted on the Roll Michaelmas Term, 1817. Died 1853. *Mortimer, Thomas Hill, Solicitor, of 4, Albany Court Yard, Piccadilly. Admitted on the Roll Nov. 21, 1842. Died March 22, 1853. Moseley, Thomas, Solicitor, of 13, Bedford Street, Covent Garden, Vestry Clerk and Clerk to Committee of Management of St. Paul, Covent Garden. Admitted on the Roll, Easter Term, 1827. Died Nov. 26, 1852. Cochrane). Admitted on the Roll Easter Page, William Sagon, Solicitor, of Scarborough. Admitted on the Roll Michaelmas Term, 1822. Died 1853. Palmer, Edward Seymour, Solicitor, of Birmingham (firm W. & É. S. Palmer). Admitted on the Roll Easter Term, 1841. Died 1853. Palmer, James, Solicitor, of Ormskirk. Admitted on the Roll Easter Term, 1805. Died Jan. 1854. Palmer, Richard, Solicitor, of Preston. Admitted on the Roll April 4, 1794. Died Dec. 6, 1852. *Parr, Robert Henning, Solicitor, of Poole and Packstone, Dorset (firm R. H. and R. W. Parr), aged 56, formerly Town Clerk of Poole. *Mott, Thomas Samuel, Solicitor and Per- Admitted on the Roll Trinity Term 1821. Died petual Commissioner, of Much Hadham, Herts | Jan. 7, 1852. (firm Mott, Gayton, and Mott), aged 69. Ad- Parry, James, Solicitor, of Newcastle Emmitted on the Roll Michaelmas Term, 1806. lyn. Admitted on the Roll Michaelmas Term, Died June 14, 1854. 1830. Died 1853. Easter Term, 1819. Died Oct. 3, 1853. *Mousley, William Eaton, Solicitor and Per- Payne, John, Solicitor, of Milverton, Clerk petual Commissioner, of Derby (firm Mousley to the Magistrates for Division of Milverton and Son). Admitted on the Roll Trinity Term, and Lydeard, and Clerk to Commissioners of 1811. Died Jan. 6, 1853. Taxes for Bishop's Lydeard Division, and Per*Mullins, Edward, Solicitor, of 15, Token-petual Commissioner. Admitted on the Roll house Yard, Lothbury (firm Mullins and Paddison), Joint Solicitor and Secretary to the Royal British Bank, and to the Irish Peat Company, and Notary. Admitted on the Roll Michaelmas Term, 1833. Died Dec. 11, 1853. Nash, James, Solicitor, of Henley on Thames, Admitted on the Roll Hilary Term, 1833. Died Nov. 5, 1853. *Newbold, John, Solicitor, of 41, Bedford Row (firm Sharp, Field, Jackson, and Newbold), aged 46. Admitted on the Roll Easter Term, 1827. Died May 4, 1852. Nicholson, Henry, Solicitor, of 8, Furnival's Inn, Holborn. Admitted on the Roll Michaelmas Term, 1845. Died 1853. Nicholson, George, Solicitor, of 4, Old Palace Yard, Westminster. Admitted on the Roll Hilary Term, 1815. Died 1853. Nicholson, James, Solicitor, of 90, New Bond Street. Admitted on the Roll Trinity Term, 1825. Died March, 1853. Nicholson, Richard, Solicitor, of Ripon, Town Clerk, Clerk to the Magistrates, and to the Ure Navigation Company and Trust of Pateley Bridge and Hewick Roads, and Perpetual Commissioner. Admitted on the Roll Hilary Term, 1814. Died 1853. Norris, John, Solicitor, of Manchester (firm John and William Norris). Admitted on the Roll Trinity Term, 1822. Died 1853. Oliver, John Bass, Solicitor, of 31, St. Swithin's Lane, London, and 3, Rue Brederode, Brussels, aged 38 (firm Oliver and Wil Peren, Henry Burchall, Solicitor, of South Petherton (firm Hayward and Peren). Admitted on the Roll Trinity Term, 1843. Died Aug. 8, 1852. Peter, Simon, Solicitor, of Liskeard (firm Childs and Peter). Admitted on the Roll Easter Term, 1845. Died March 11, 1853. Petty, George, Solicitor, of Stockton-onTees, Durham, Assistant Clerk to the County Court. Admitted on the Roll Easter Term, 1836. Died Feb. 15, 1852. Pirie, William, Barrister-at-Law, of 4, Old Square, Lincoln's Inn. Called to the Bar at Lincoln's Inn, Jan, 28, 1841. Died Sept. 15, 1854. *Price, John Dutton, Solicitor, of 7, Sion Row, Twickenham. Admitted on the Roll Michaelmas Term, 1826. Died Oct. 1852. *Pringle, William, Solicitor, of 3, King's Road, Bedford Row, Commissioner of Oaths in Chancery (firm Pringle, Shum, Wilson, and Crossman). Admitted on the Roll Hilary Term, 1819. Died June 4, 1854. Ramsden, Thomas, Solicitor, of Wakefield. Admitted on the Roll Easter Term, 1839. Died 1852. Raven, John, Solicitor, of Hawkshead, Ambleside, and Bowness (firm Slater and Raven), joint Steward of the Manor of Bayesbroune, and Clerk to the Magistrates at Hawkshead. Admitted on the Roll Michaelmas Term, 1847. Died 1853. |