185 them the noblest and most illustrious of the individual who has anything to lose, and thereassembly which he adorns. The third I would fore society at large, is most deeply interested mention with peculiar feeling, because that a class whose members are exposed to more noble lord is now suffering from illness. I do than ordinary temptations-temptations which not think a more remarkable man has ever in a wonderful number of instances they resist adorned the judgment seat of this country. He in a manner that has never ceased to excite my was originally a clerk to his father, a solicitor, admiration. Well may it be with this instituas the youngest here may be ; he then became a tion; may its reputation and its resources insolicitor, afterwards a barrister; and eventually crease, and for ever flourish and improve. he became Lord Chancellor of England. He is a man who in that struggle from the lowest to the highest grade of the Profession was tried by extraordinary and peculiar difficulties, who bore those difficulties from first to last with unflinching courage and fortitude; who overcame them all; and who, when he had attained the highest grade, showed that the cheerfulness, the amiability, the composure of his disposition had not been ruffled or disturbed in the least degree by the hardness of the struggle which he had undergone. He is an example which may be well set forth before you. We may truly say of his lordship, in the words of Hamlet, he is "A man that fortune's buffets and rewards Has ta'en with equal thanks." That he is a man to admire; that he is a man to hold up to the imitation of all who stand now in the position which he originally stood, and who may be told with truth, looking at his example, not only that the road is open to them to the highest position, but that there are no difficulties which can prevent a man who has energy, who has honesty, and who has ability and courage, from attaining the highest distinction. My Lord, I have only now to conclude by proposing that we drink the health of "The Lord Chancellor and other Patrons of this Society;" and I will venture to name as the representatives of those patrons now present, one whom we all most truly respect and admire, the Lord Justice Knight Bruce. The Vice-Chancellor Sir Wm. Page Wood: My lords and gentlemen, I have been asked, somewhat unexpectedly I confess, seeing who are present in this company, to propose to you à toast which I nevertheless have as much pleasure in proposing as you will have in accepting, when I tell you that it is the health of our excellent Chairman. I scarcely know why it should have fallen to me to have proposed his health, unless it had been considered that those right honourable gentlemen, the members of her Majesty's Council, who sit with him at the Council Board, and his colleague who sits with him on the Bench of the Court of Chancery, may be thought too partial in their judgment, and that it may be supposed that I, whose judgment must always bend to their and his correction, am more fitted to call upon you to express the sentiments which I believe we may, one and all, without fear of a reversal, entertain towards him. Gentlemen, you have heard him instruct you to-day, not only in your duties towards this institution, the prosperity of which we have all met to promote, but in those higher duties which we all owe to our common Profession, and than whom assuredly no one is more fit or more able to lead you to the right path; realising that beautiful expression in one of our earliest poets, Chaucer, in which he says"The way of Christ and his apostles, twelve Himself he taught; but first He followed it Himself." Gentlemen, knowing and feeling as we all do, The Lord Justice Knight Bruce:-On the that though the same abilities may not be given part of some better, and some at least as well to all, with which it has pleased God to engift entitled to acknowledge your kindness and that our noble chairman, yet in those other qualities, of my distinguished friend, as well as on my namely, integrity and industry, it is given to own, allow me to do so. Let me assure you all of you to imitate him, and you cannot folthat there are none more heartily well wishers low a better example. I know that it is unto the institution, in honour of which we are pleasant to speak more at large-as I assure here assembled, than those upon whom you you no one in this company would be more have so kindly conferred this honour. There willing to do than myself on the merits of are among us here those who have duties more one who is present. I am glad to have the ostensible, more in advance, and more difficult opportunity of following, however feebly, in than that of exhibiting practically their good the course he has pointed out, by saying how will towards this association; but they are highly I esteem the value of our meetings upon conscious that not one of their duties is of these occasions, and of a common unity and more substantial importance to society than harmony in all the branches of our Profession. that of endeavouring to encourage and foster With those who take a superficial view-and an association, the object of which is to deve- there are unfortunately many such at all times lope, to bring forth and to extend the exercise of life-of the business and conduct of life, of the Christian virtues, by which I under- the Profession to which I have the honour to stand, as every man does, or ought to understand, the qualities which distinguish an honest man and a gentleman in a numerous and valuable class of society in whose well being, whose integrity and whose self-respect every belong has been considered as one favouring strife. My belief is that it is the great Profession of peace, and I think I may illustrate it by a common anecdote, possibly not a true one, of Peter the Great, when on his visit to 186 United Law Clerks' Society. [LEGAL OBSERVER, ́ this county, having observed in dismay the been given to it, has come as a surprise upon number of lawyers in Westminster Hall, and me. I fear that the regard for me which I of his telling her Majesty (Queen Anne, I be- hope, and which I may say I flatter myself, lieve) that he had only two in the whole em- that the Vice-Chancellor entertains-and I pire of Russia, and that he intended to hang know nothing which can flatter any man equal one of them when he got home. Now, I can to the hope of an enjoyment of his regard and only say that it is seriously my firm belief that his respect-I fear that the regard which he if in any town of that great empire there could entertains for me may have misled him upon be assembled such a body of men as there are the present occasion. Gentlemen, I know noin this country, and as I see around me here, thing which would give me, and has given me, devoted to the administration of justice between more pride and satisfaction than to enjoy the man and man upon a liberal footing-upon the esteem and regard of Vice-Chancellor Wood; footing of right, and truth, and equity, with- I have know him for years, and any one suout fear and without favour-if I could see perior to him in his career in the Profession in upon the Bench in that country such men as which we have been commonly engaged I have we have seen on the Bench of our country-if never during my professional career seen or Russia could boast of a Coke, of a Somers, or known. Gentlemen, for the compliment you of a Hale, we should not at this moment be at have been kind enough to pay me I am war with that country. And with reference to heartily and sincerely obliged. I take, and I what I have said of ours being the Profession have taken, and I trust I shall continue to take of peace, how would the wrongs which many a warm interest in the prosperity of this Sodo really suffer from the injustice and violence ciety, believing it to be one which is calculated of others be reduced if it were not for the law? to be of great and lasting service, not only to It would only be by each man taking the law those who receive directly its benefits, but to into his own hands. Further than that I may every member of the Profession in every say that in the short time I have had the ho- station and every position. nour to be on the Bench I have seen many remarkable instances in which family strife and family division has been calmed by the judicious advice of honest legal advisers, who are free from those clouds which distemper the imagination of those mingled in conflict, by bringing them into a calm and dispassionate consideration of their individual positions. I no less honour those who take care in every instance, where there are fancied wrongs and fancied injuries which may be brought before their attention, to promote the peace and happiness of those who would otherwise be wronging themselves by litigation. That has been done, I believe, by every branch of the Profession. There are many amongst the solicitors who would do so; there are many amongst the counsel who would do so; there have been many on the Bench at all times who have endeavoured to promote the best interests of mankind by taking this view; and when I look around for an example, for one who does the greatest honour to the Profession, and to each and every branch of it, I am sure I could point to no one who, when at the bar, was in the habit of giving more calm and temperate advice than your chairman, and who, while on the Bench, has given his decision with the view of bringing about a calm and temperate compromise of those quarrels which may have been brought before him. I beg leave to give you with the greatest since rity, and with a feeling which will be responded to by all, the health of our most excellent chairman, Lord Justice Turner. The Chairman. My lords and gentlemen, it would be quite vain for me to pretend that this toast has come unexpectedly upon me, for the paper before me stares me in the face; but of this I can most truly assure you, that the hearty kindness in which it has been proposed, and the very flattering reception which has Sir John Patteson.-The next toast has been intrusted to me because I am very sorry to say I am competent to propose it to you as I am not interested in the greater part of the toast. It is, "The Bench, the Bar, and the Profession." I was for 15 years below and at the Bar, and for some 22 years on the Bench, but now I am worn out and too old almost to be in the Profession. I love the Profession and will continue to do so as long as I live. I am so far interested in the toast that I hold myself to be one of the Profession because I love it and have been in it all my life. It is a noble Profession that of the Law, a noble one indeed, and the respect and deference which the people of this country have paid to the law have ever been spoken of as one of the features of this country which makes it different from other nations. For I do believe in my conscience that the uncorrupt integrity of the Bench, the honour and independence of the Bar and of the Solicitors and the Attorneys and their clerks, and the juries who have been brought in at different times to assist in the administration of the law have been in many instances in our history under God, the means of saving us from tyranny, anarchy, and confusion. Gentlemen, this toast mixes all branches of the Profession together as it ought to do, but not mixing them together in this country as in some countries, I think with great detriment to the administration of the law there-I mean that there are many countries in which the barrister and attorney are joined in the same list. In this country the Profession is subdivided, and the work of the one is entirely different from that of the other, and I believe that that subdivision has been the great means of our success. I should be sorry indeed to see that there should be any fusion, if I may so say, of those duties in this country. Amongst others included in the Profession, JULY 7, 1855. United Law Clerks' Society. 187 there are not only the attorneys and solicitors, | honorary stewards in the sense in which that but their clerks. I have in the course of 22 term is regarded, for I am sure they have renyears' experience conducted business at Cham-dered individually the greatest services to the bers, and have often said and always will say society. They have not only lent their names, it, that they have conducted their business before me admirably, and I do not believe that any other members of the Profession could have conducted the common and usual routine of the business there better than these men have done before me personally with so much satisfaction. Gentlemen, let us all join in all parts of the Profession to try to do in our respective stations all the honour we can to the Profession; and I am sure there is nothing by which we can do it greater honour than by supporting that part of the Profession who by accident or misfortune may have families which they cannot themselves support. It is a work in which we must all unite with pleasure, and in the pursuit of which we may imagine ourselves in that pleasant situation which the song about to follow describes : "Down in a flow'ry Vale." Mr. W. Murray.-I could have wished that some member better known to the Profession than myself could have returned thanks, but in doing so I cannot help expressing with deep and sincere regret that the right honourable gentleman who proposed the toast should be in his present position. His retirement from the distinguished position he held for so many years, I am sure you will all concur with me, is a source of regret to every member present of the Bench, the Bar, and the Profession, and to you, gentlemen, who are the clerks of the solicitors of this metropolis. Gentlemen, you have been honoured with the most distinguished members of the Bench to-day, and you have heard their kindness of expression towards you. The Bar also have responded with kindness to those expressions of feeling, and it falls to me, a very humble individual in the lower branch of the Profession, to express to you how high an opinion I entertain of the integrity, the uprightness, and the honour of all those clerks with whom I have met. The members of the Profession, and of every part of it, are deeply indebted to them; and I do feel that all ought to assist in supporting this excellent institution. I hope that at your next anniversary you will find yourselves in a better position than you are in to-day, and that your income will be doubled. Believe me, that at all times it will be to me the greatest satisfaction to assist you to the utmost of my power. I thank you on the part of the Bench and the Bar, but especially on the part of my own branch of the Profession for the honour you have done us by the toast you have just drank. Mr. Shebbeare.-The toast which I have the honour to propose to you is, that of the honorary stewards. There is a list of their names on the table, many of which names are the most conspicuous in the Profession, and have already been under the notice of this assembly. Let me say, on the part of all of them, that they will not be found to be mere and contributed to the funds of the society, but they have attended on various occasions at these meetings to render it assistance, both by the eloquence they have employed, and the advice they have from time to time given. With regard to the society itself, there has been so much said in the course of the evening, that it would ill become me to enlarge upon the benefits the institution is calculated to confer upon society at large. But I may be allowed to advert to one thing, namely, that if this society existed for no other purpose than an annual assembly of all grades of the Profession, with a feeling of respect that they owe and ought to owe to each other, the society would not exist in vain. You have heard from the Vice-Chancellor Wood a sentiment which, according to my experience, is most fully justified-that this society, and the Profession in general, instead of inciting men to warfare is, in fact, a community of peace, and that the great object which they have is to promote peace among their clients. I may carry that sentiment one step further; I feel, also, that not only have solicitors as between their clients been the means of bringing about concord when otherwise, there would be long strife and litigation, but the clerks being more cool, and less interested than their employers, are often the means of bringing about an adjustment of differences which have existed be tween the solicitors engaged on different sides, and which have arisen from their over anxiety to promote the interests of their clients. I conceive there is no branch of the Profession which should be overlooked, and not be duly estimated when we look at the whole, and it is only by a wish to render mutual assistance to each other, that the interests of the whole can be promoted. With this view I offer you the toast which it is my duty to propose, namely, the health of the Honorary Stewards, coupled with the name of Master Turner. The Master Turner.-I have the honour upon this occasion to be associated with many honourable gentlemen in the office of honorary stewards of this festival. Our duties so far as concerns the entertainment have been completely un-onerous, those duties having been performed by the acting stewards; but so far as the interests of this Society and the desire to promote those interests, and to extend the usefulness of the Society, are concerned, I think I may venture to say on the part of the honorary stewards that they have an earnest and anxious wish to do everything which rests within the limit of their power to extend the benefits and advantages arising, and which will continue to arise, from this admirable charity. Gentlemen, you heard that delightful singer, Miss Poole, in one of the songs she has sung to you, say that "Heaven shields every gallant who fights for the Crown." She might, perhaps, had she been at liberty to do so, l ,have 18831 United Law Clerks' Society. [LEGAL OBSERVER. ported by all branches of the Profession; that many amongst the law clerks may rise to be employers, and may give a good example to others by showing that good conduct in this country is never displayed in vain. gone son to say that Heaven shields, also, every man who in his station discharges his duty. I know no duties more onerous or more irksome than those which have to be discharged by the individuals who are the immediate participants of the benefits of the Society for which we are Mr. Piggott.-I have now the honour to assembled to day. They have much stern, propose to you the health of three gentlemen, much rough, much unwelcome duty to per- Mr. Bigg, Mr. Kinderley, and Mr. Willcock, form; they meet with but little courtesy and the trustees of your society, and to whom it is civility frequently in the discharge of those much indebted. The advantages and excelduties; and I am always ready to admit that lence of your society have been fully brought it requires great temper and discretion on forth by those who have preceded me, but, their parts to discharge those duties advanta- gentlemen, you will recollect that a society of geously. In the course of the duties which this kind cannot be carried on without officers. from day to day I am called on to perform, I The most important certainly of those officers see perhaps more of the law clerks than any of are the trustees, gentlemen who have not those higher individuals in the law who, for merely funds standing in their names, but who the benefit of this society have come here to-day, are constantly appealed to for, and they are are accustomed to do; and I have the utmost always ready to give their advice as to the displeasure and gratification this evening to say, posal of the funds. Those gentlemen have that with very few exceptions, it is impossible always been ready to come forward with their for any individuals to conduct themselves more assistance, and I am sure they will continue to properly than they do in the business which do so, and I have, therefore, much pleasure in they have to transact. They display zeal for calling upon you to join cordially in drinking their employers; they manifest great industry; the health of the "The Trustees." they frequently show great ability, and they Mr. Elderton. The trustees not being here are earnest and anxious in the discharge of to respond for themselves, I am sure I am only their duties. I can assure you that, frequently expressing that it is their wish to increase the when they leave my room, my heart bounds welfare of the society by every means in their with a wish that I could better the situation in power. Wishing every prosperity to the instiwhich they are placed. Sometimes, gentlemen, tution, I beg to return you thanks for those when I make inquiries of those who know gentlemen, who unfortunately are not present them more intimately than I can profess to do, to do so themselves. I have the gratification of hearing good tidings respecting them; as to some, I hear that they are rewarded with an adequate salary for their pains, as much as it is to be expected that any member of the law can afford to give them for members of the law, be it always remembered, are not like merchants who make great gains all of a sudden-members of the law earn their income by hard labour, by industry and indefatigable perseverance. But, gentlemen, at other times when I make inquiries touching the position of the clerks, I have on two or three occasions heard that which has caused much gratification to my mind. I made inquiries respecting one individual who has been before me again and again, and whose Gentlemen, we commenced the toasts of this conduct has always struck me as being that of evening by drinking the health of our Soa remarkably honest man, and I had the plea- vereign; since that time, gentlemen, we have sure to hear that after a long service he was dealt largely, and I hope satisfactorily, in soarticled to his employer, and that at the end of vereigns bearing her image and superscription. his articles he was to become his partner. But, gentlemen, there is one class of sovereigns Gentlemen, I have seen another individual here to whom we have as yet paid no attention to night who has often been before me in the whatever; but for myself, and I doubt not for discharge of his duty, and of whose character every married man, I can say that there is a and conduct I have always entertained a high sovereign power presiding in the dwellingopinion; and he has told me that which I house of each of us as perfectly irresistible, knew not before, that he was one of those who and as invaluable as that of her Majesty, who was instrumental in the foundation of this presides over these realms. We are all of us Society. I believe him, because I believe him indebted to our wives for much of our progress to be a man who is capable of the wish and of in life; it is to their good advice, and to their the endeavour to carry out any advantage and judgment that we are all amenable; and I be any benefit to his fellow men. Gentlemen, on lieve that no man can act more wisely than to the part of the honorary stewards, I beg to act under their well-directed, and well-con express their earnest wish that this excellent sidered influence. We shall do, therefore, Society may prosper and succeed, and be sup- great injustice to them if we part upon this The Chairman. Before proposing to you the next, and I fear the last toast, upon the list, I have an announcement to make to you, which I am sure will not be less gratifying to you than it is to me; it is that my most excellent and highly valued friend, Mr. Roundell Palmer, has consented to take the Chair at our next anniversary. Gentlemen, we all know the labours to which my most excellent friend is liable in his profession, and it is on that account only that he is not present to state personally the readiness with which he takes that duty upon him. I have undertaken on his part to state that he will be most ready and willing to do so. JULY 7, 1855.] Retirement of Mr. Justice Maule.—Notes of Week-The New Judge, &c. occasion without drinking their healths; I beg, therefore, to give you the Health of the Ladies. The toast was heartly responded to, and the company retired. RETIREMENT OF MR. JUSTICE MAULE. 189 leader at the Bar nor a member of Parliament. Some of the friends of the Profession think it an improvement that the Government should select the fittest man in their opinion for the important position of a Judge of the Superior Courts in whatever rank he may be at the Bar. The Freeman's Journal, referring to the new appointment on the English Bench, says:"Mr. Willes, who has the reputation of being one of the ablest and soundest lawyers of the English Bar, is son of the late Dr. Willes, of Cork. Mr. Willes will be the second Irishman who within the last few years has been elevated to the English Bench,-the other being Mr. Baron Martin." INSOLVENT DEBTORS' COURT. intimated that in future where a case was unOn July 3rd, Mr. Commissioner Murhpy der 201. in amount, he should not grant relief. In this determination he acted in accordance with the Chief Commissioner. MR. JUSTICE MAULE, after 16 years' Judicial service, has intimated his wish to retire. He has long suffered from an ill state of health. He was called to the Bar by the Honourable Society of Lincoln's Inn, May 20th, 1814, and subsequently was made one of its Benchers. He went the Oxford and Western Circuits. He was selected by the Bank of England as one of their standing counsel, several of whom, like himself, have been raised to the Bench. He was promoted to the rank of Queen's Counsel in Hilary vacation, 1834, and elevated to the Exchequer Bench in 1839, upon the death of Sir The learned Commissioner also expressed William Bolland, and was transferred to his intention to direct insolvents to be rethe Common Pleas in the Michaelmas manded when they had been engaged in bill Term of the same year, on the death of Sir John Vaughan, being succeeded in the Exchequer by Sir R. M. Rolfe, now Lord Chancellor Cranworth. The learned Judge has always been held in high esteem as an eminent lawyer, and distinguished for his learning and acuteness. NOTES OF THE WEEK. THE NEW JUDGE. It appears to be settled that James Shaw Willes, Esq., will be the new Judge. He was called to the Bar by the Honourable Society of the Inner Temple on June 12th, 1840, and went the Home Circuit. He was one of the Common Law Commissioners, and was actively engaged, not only in the examination of witnesses, and in the preparation of both the able Reports which have been presented to Parliament, but also in preparing the Common Law Procedure Acts of 1852 and 1854, which have effected so large a measure of beneficial reform. It is remarkable that many of her Majesty's Counsel, several of whom are in Parliament, should have been passed over, and this eminent lawyer selected, who had not received the distinction of a silk gown. It is stated by the Observer, that he was greatly distinguished as a student at Trinity College, Dublin, and obtained the highest honours of his class. This is an appointment somewhat resembling that of Mr. Justice Patteson, who was not a transactions. COUNTY COURT JUDGESHIP. Counsel, has been selected by the Lord ChanCharles Temple, Esq., another Queen's cellor to succeed to the County Court Judgeship, vacant by the death of J. W. Wing, Esq. NEW QUEEN'S COUNSEL. The following gentlemen have been called within the Bar : C. S. Whitmore, Esq., of the Oxford Cir cuit (called to the Bar 26th November, 1830). W. Overend, Esq., (called to the Bar Nov. 21, 1837). P. A. Pickering, Esq., (called to the Bar May, 4, 1838). James P. Wilde, Esq., (called to the Bar of the Lecturers at the Incorporated Law SoNov. 22, 1839, nephew of Lord Truro, and one ciety). These three Gentlemen are of the Northern Circuit. William Bovill, Esq., of the Home Circuit (called to the Bar 15th January, 1841). SHERIFFS OF LONDON AND MIDDLESEX. Aldermen Kennedy and Rose have been elected Sheriffs for the ensuing year. IN RE W. H. BARBER. ON June 30th last, Mr. Justice Coleridge said, " In the case of Mr. Barber, whose ap plication to be admitted was made last term, the Court are not prepared to give judgment, before the circuit. The case requires con-> sideration as it is a very long one; it was brought before us so very late in the Term, that we have not had time to consider it." |