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JULY 7, 1855.]
United Law Clerks' Society.
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 institu as 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 The Vice-Chancellor Sir Wm. Page Wood: a man who in that struggle from the lowest to My lords and gentlemen, I have been the highest grade of the Profession was tried asked, somewhat unexpectedly I confess, seeby extraordinary and peculiar difficulties, who ing who are present in this company, to probore those difficulties from first to last with pose to you a toast which I nevertheless have unflinching courage and fortitude; who over- as much pleasure in proposing as you will have came them all; and who, when he had at- in accepting, when I tell you that it is the health tained the highest grade, showed that the of our excellent Chairman. I scarcely know cheerfulness, the amiability, the composure of why it should have fallen to me to have prohis disposition had not been ruffled or dis- posed his health, unless it had been considered turbed in the least degree by the hardness of that those right honourable gentlemen, the the struggle which he had undergone. He is members of her Majesty's Council, who sit an example which may be well set forth before with him at the Council Board, and his colyou. We may truly say of his lordship, in the league who sits with him on the Bench of the words of Hamlet, he is 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
"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 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 under- belong has been considered as one favouring stand, the qualities which distinguish an honest strife. My belief is that it is the great Profesman and a gentleman in a numerous and va- sion of peace, and I think I may illustrate it luable class of society in whose well being, by a common anecdote, possibly not a true whose integrity and whose self-respect every one, of Peter the Great, when on his visit to
this county, having observed in dismay the number of lawyers in Westminster Hall, and of his telling her Majesty (Queen Anne, I believe) that he had only two in the whole empire of Russia, and that he intended to hang one of them when he got home. Now, I can only say that it is seriously my firm belief that if in any town of that great empire there could be assembled such a body of men as there are in this country, and as I see around me here, devoted to the administration of justice between man and man upon a liberal footing-upon the footing of right, and truth, and equity, without fear and without favour-if I could see upon the Bench in that country such men as we have seen on the Bench of our country-if Russia could boast of a Coke, of a Somers, or of a Hale, we should not at this moment be at war with that country. And with reference to what I have said of ours being the Profession of peace, how would the wrongs which many do really suffer from the injustice and violence of others be reduced if it were not for the law? It would only be by each man taking the law into his own hands. Further than that I may say that in the short time I have had the honour 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 sincerity, and with a feeling which will be responded to by all, the health of our most excellent chairman, Lord Justice Turner.
been given to it, has come as a surprise upon me. I fear that the regard for me which I hope, and which I may say I flatter myself, that the Vice-Chancellor entertains-and I know nothing which can flatter any man equal to the hope of an enjoyment of his regard and his respect-I fear that the regard which he entertains for me may have misled him upon the present occasion. Gentlemen, I know nothing which would give me, and has given me, more pride and satisfaction than to enjoy the esteem and regard of Vice-Chancellor Wood; I have know him for years, and any one superior to him in his career in the Profession in which we have been commonly engaged I have never during my professional career seen or known. Gentlemen, for the compliment you have been kind enough to pay me I am heartily and sincerely obliged. I take, and I have taken, and I trust I shall continue to take a warm interest in the prosperity of this Society, believing it to be one which is calculated to be of great and lasting service, not only to those who receive directly its benefits, but to every member of the Profession in every station and every position.
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 Profes sion." 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 subThe Chairman. My lords and gentlemen, divided, and the work of the one is entirely it would be quite vain for me to pretend that different from that of the other, and I believe this toast has come unexpectedly upon me, for that that subdivision has been the great means the paper before me stares me in the face; but of our success. I should be sorry indeed to of this I can most truly assure you, that the see that there should be any fusion, if I may hearty kindness in which it has been proposed, so say, of those duties in this country. and the very flattering reception which has Amongst others included in the Profession,
JULY 7, 1855.]
"Down in a flow'ry Vale."
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 be- and contributed to the funds of the society, fore me admirably, and I do not believe that but they have attended on various occasions any other members of the Profession could have at these meetings to render it assistance, both conducted the common and usual routine of by the eloquence they have employed, and the the business there better than these men have advice they have from time to time given. done before me personally with so much satis- With regard to the society itself, there has faction. Gentlemen, let us all join in all parts been so much said in the course of the evenof the Profession to try to do in our respective ing, that it would ill become me to enlarge stations all the honour we can to the Profes-upon the benefits the institution is calculated sion; and I am sure there is nothing by which to confer upon society at large. But I may we can do it greater honour than by supporting be allowed to advert to one thing, namely, that that part of the Profession who by accident or if this society existed for no other purpose misfortune may have families which they can- than an annual assembly of all grades of the not themselves support. It is a work in which Profession, with a feeling of respect that they we must all unite with pleasure, and in the owe and ought to owe to each other, the sopursuit of which we may imagine ourselves in ciety would not exist in vain. You have heard that pleasant situation which the song about to from the Vice-Chancellor Wood a sentiment follow describes :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.
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
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 Pooie, 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, , have
Mr. Piggott.-I have now the honour to propose to you the health of three gentlemen, Mr. Bigg, Mr. Kinderley, and Mr. Willcock, the trustees of your society, and to whom it is much indebted. The advantages and excellence of your society have been fully brought. forth by those who have preceded me, but, gentlemen, you will recollect that a society of this kind cannot be carried on without officers. The most important certainly of those officers are the trustees, gentlemen who have not merely funds standing in their names, but who are constantly appealed to for, and they are always ready to give their advice as to the disposal of the funds. Those gentlemen have always been ready to come forward with their assistance, and I am sure they will continue to do so, and I have, therefore, much pleasure in calling upon you to join cordially in drinking the health of the "The Trustees."
gone on to say that Heaven shields, also, every ported by all branches of the Profession; that man who in his station discharges his duty. I many amongst the law clerks may rise to be know no duties more onerous or more irksome employers, and may give a good example to than those which have to be discharged by the others by showing that good conduct in this individuals who are the immediate participants country is never displayed in vain. of the benefits of the Society for which we are assembled to day. They have much stern, much rough, much unwelcome duty to perform; they meet with but little courtesy and civility frequently in the discharge of those duties; and I am always ready to admit that it requires great temper and discretion on their parts to discharge those duties advantageously. In the course of the duties which from day to day I am called on to perform, I see perhaps more of the law clerks than any of those higher individuals in the law who, for the benefit of this society have come here to-day, are accustomed to do; and I have the utmost pleasure and gratification this evening to say, that with very few exceptions, it is impossible for any individuals to conduct themselves more properly than they do in the business which they have to transact. They display zeal for their employers; they manifest great industry; 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 themfor 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.
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
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 Mr. Willes, who has the reputation of being appointment on the English Bench, says: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.
was made one of its Benchers. the Oxford and Western Circuits. 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
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 consideration 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."