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1. The root of the engraved Tree exhibits
a diversity of suits and actions for the remedy of different wrongs.
2. The trunk shows the growth of a suit,
stage by stage, until its conclusion.
3. The branch?* from each stage show
the proceedings of the plaintiff on one side, and the proceedings of the defendant on the other.
4. The leaves of each branch show certain
collateral proceedings whereby the suit is either advanced or suspended.
5. Supposing the form of action suitable
to the case, and no stay of proceedings, the suit grows, on the "sure and firm set earth" of the law, into a "goodly tree," and, attaining to execution against either the plaintiff or the defendant, terminates in consuming fire.
A few whimsical miscellanies are sub. ned, not derogatory from the importice or necessity of legislation, but amusingly illustrative of legal practice in the sinuosities it has acquired during successive stages of desuetude and change. Those only who know the law are acquainted with the modes by which numerous deformities in its application have originated, or the means by which they may be remedied; while all who experience that application are astonished at its expensivcuess, and complain of it with reason.
A legal practitioner is said to have delivered a bill containing several charges of unmerciful appearance, to a client, who was a tailor; and the tailor, who had made a suit of clothes for his professional adviser, is said to have sent him the following bill by way of set-off.
George Gmr, Esq.
Pr. to BiMUSL Smaut.
£. s. d.
Attending you, in conference, concerning your proposed Suit, conferring thereon when you could not finally determine 0 6 8
Attending you again thereon, when found you prepared, and taking measures accordingly 0 6 8
Entering 0 3 4
Instructions and warrant to woollendraper 0 5 0
Brought forward.... 1
Copy thereof to keep 0
Instructions to foreman 0
Difficulty arising as to proceedings, attending him in consultation .. 0
Paid fees to woollen-draper 4
Attending him thereon i.. 0
Perusing his receipt 0
Attending to file same I 0
Attending button-maker, instructing
Paid his charges 2
Having received summons to proceed, perusing and considering
Drawing consent, and copy to keep 0
Copy order thereon and entering .. 0 Appointing consultation as to further
proceedings, and attending same 0 Foreman having filed a demurrer,
preparing argument against same o Attending long argument on demurrer, when same overruled ...... 0
Perusing foreman's plea 0
Excepting to same 0
Entering exceptions 0
Perusing notice of motion to remove suit, and preparing valid objections to lay before you 0
Same being overruled, consent thereto, on an undertaking 0
Expenses on removal of suit—paid
by you at the time 0
Writing you r extreme dissatisfaction on finding the suit removed into the King's Bench, and that I should move the court, when you promised to obtain a Rule as soon as term commenced, and
attend me thereon • 0
Conferring with you, in presence of your attendant, at my house, on the first day of term, when you succeeded in satisfying me that you were a Gent, onr, &c. and an honourable man, and expressed great dissatisfaction at the pro ceedings had with the suit while out of my hands; receiving your instructions to demand of your Uncle that same should return to me, on my paying him a lien he claimed thereon, and received from you his debenture for that
Perusing same, and attending him in St. Georges-fields therewith
and thereon 0
Paid him, principal and interest .. 2
Carried forward....£1 1 8
Carried forward, .. .J?18 18 0 £. ». A
Brought forward 18 18 0
In consideration of circumstances,
no charge for receiving suit back 0 0 0 Perusing letter unexpectedly received from you, dated from your own house, respecting short notice
of trial 0 6 8
Abrading you thereon 0 6 8
Attending at Westminster several mornings to try the suit, when at
last got same on 2 2 D
Paid fees. 012 0
Fee to porter 0 5 0
It being determined that the suit should be put into a special case, drawing special instructions to
Boimaker for same 0 13 4
Attending him therewith and thereon 0 6 8 paid him his fee for special case ..220
Paid his clerk's fee 0 2 6
Considering case, as settled 0 6 6
Attending foreman for his consent to same, when he promised to
determine shortly 0 6 8
Attending him again thereon to obviate his objections, and obtained
his consent with difficulty 0 6 8
Drawing bill of costs, i 0 15 0
Fair copy for Mr. to peruse
and settle 0 7 6
Attending liim therewith 0 6 8
Fee to him settling 0 5 0
Attending him for same 0 6 6
Perusing and considering same, as
settled...j 0 6 8
Attending Mr. again suggesting amendments 0 6 8
Fee to him on amending 0 5 0
Perusing same as amended 0 6 8
fair copy, with amendments, to keep 0 7 6
£ntering'...t 0 5 0
Fair copy for service 0 7 6
Thirty-eight various attendances to
serve same 6 6 8
Service thereof 0 6 8
Drawing memorandum of service .. 0 5 0
Attending to enter same 0 3 4
Entering same 11 0 2 6
Attending you concerning same .. 0 6 8 Accepted service of order to attend at the theatre, and gave consent .068
Retaining fee at box-office 0 1 0
Service of order on box-keeper .... 0 6 6 Self and wife, with six children, two of her cousins, her brother, and his son, two of my brothers, my sister-in-law, three nephews, four nieces, each attending for four hours and a half to see the Road to Ruin, and the Beggars' Opera, eighty-five hours and a
Cttrried forward....£39 S 10
Brought forward.... 89 6 10 half, at St. 4rf. per hotlr—Very
moderate lit 0 10
Coach hire there and back 0 18 0
Attending you to acquaint you with particulars in general, and concerning settlement particularly. .068
Instructions for receipt 0 3 4
Drawing receipt 0 6 0
Vacation fee • 1 1 0
Refreshing fee 0 13 4
Perusing receipt, and amending same 0 6 8
'Fair copy to keep 0 2 6
Engrossing on stamp 0 2 6
Paid duty and paper 0 3 1
Fee on ending 2 2 0
Letters and messengers 0 10 0
£63 0 9 To numerous, various, and a great variety of divers, and very many letters, messages, and attendances to, from, on, and upon, you and your agents and others, pending a negotiation for settlement, far too numerous to be mentioned; and an infinite deal of trouble, too troublesome to trouble you with, or to be expressed ; without more and further trouble, but which you must, or can, or shall, or may know, or be informed of— what you please
Item in a Bill of Costs Attending A in conference concerning the best mode to indemnify B against C'g demand for damages, in consequence of his driving D's cart against B's house, and thereby breaking the window of a room occupied by F's family, and cutting the head of O, one of his children, which H, the surgeon, had pronounced dangerous, and advising on the steps necessary for such indemnity. Attending I accordingly thereon, who said he could do nothing without the concurrence of his brother J, who was on a visit to his friend K, but who afterwards consented thereto, upon having a counter-indemnity from L. Taking instructions for, and writing the letter accordingly, but he refused to accede thereto, in consequence of misconduct in some of the parties towards his distant relation K, because he had arrested N, who being in custody of it, the officer, at P's house, was unable to prevail Upon 9 and H to become bail. Attending in consequence upon S, the
he said, if he received an undertaking to give a bail-bond at the return of the writ, the defendant should be discharged. Attending T for undertaking accordingly, conferring thereon; but he declined interfering without the concurrence of V, to whom he was largely indebted, in whose hands he had lodged several title-deeds as a collateral security, and who, it appeared, had sent the deeds to his attorney TJ, for the purpose of preparing a mortgage to W, in trust, for securing his demand, and also of a debt due to X. Attending afterwards on A's clerk Y, communicating the result of our numerous applications, and conferring with him thereon, when he at length informed me that Z had settled the business.
"To him that goes to law, nine things are requisite: 1. A good deal of money— 2. A good deal of patience—3. A good cause—4. A good attorney—5. Good counsel — 6. Good evidence—7. A good jury—8. A good judge—and lastly, good luck."
"Reason is the life of the law, nay, the common law itself is nothing else but
If a man says of a counsellor of law, Thou art a daffa-down-dilly, an action lies. So adjudged in Scaccario, and agreed per totam curiam.—1 Vin. Abb. 445.
He hath no more law than Mr. C.'t bull. These words being spoken of an attorney, the court inclined that they were actionable, and that the plaintiff should have judgment, though it was objected that the plaintiff had not declared that C. had a bull..-- SiderBn, 327, pl. 8. Pasch. 19 Car. II. Baker v. Morfue. The chief justice was of opinion, that if C. had nobull, the scandal was the greater. And it was pronounced per curiam in the same case, that to say of a lawyer, that he hat no more law than a goose, has been adjudged actionable.—Sid. 127, pl. 8.— There is quoere added as to the saying, Me hath no more law than the man in the moon (lb. 2 Kib. 209); the law, doubtless, contemplating the possibility of there being a man in the moon, and of his being a good lawyer.
My lord chief baron cannot hear of one ear, adjudged actionable, there being • colloquium of his administration of jus
tice. But not so if there had been no discourse of his justice.—1 Vin. Ab. 446.
Adjudged, that the death of a parson is a non-residency, within 13 Eliz. c . 20, so as to avoid his leases. Mott r. Hales, Crok. Eliz. 123.
Eden and Whalley's case:—" One Eden confessed himself guilty of multiplication, and that he had practised the making of quintessence, and the philosopher'* stone, by which all metals might be turned into gold and silver; and also accused Whalley, now a prisoner in the Tower, of urging and procuring him to practise this art; and that Whalley had laid out money in red wine and other things necessary for the said art. And, because this offence is only felony, Eden, the principal, was pardoned by the general pardon; but Whalley, who was but accessary in this case, was excepted as one of those who were in the Tower. The question was moved, whether Whalley should be discharged;— Quaere, the statute of 5 Hen. IV, 4, which enacts, 'that none should use to multiply gold or silver, nor use the craft of multiplication; and if any the same do, that he incur the pain of felony in this case.'—Quaere—Whether there can be any accessary in this new felony ?— 1 Dyer, 87, 6, Easter Term, 7 Ed. VI. This statute was repealed by the stat. of 1 Will. & Mary."
In the case of monopolized cards, there was cited a commission in the time of Henry V. directed to three friars and two aldermen of London, to inquire whether the philosopher's stone was feasible, who returned it was, and upon this a patent was made out for them to make it.— Moore, 675; Dancey's case
According to the Asiatic Researches, a very curious mode of trying the title of land is practised in Hindostan:—Two holes are dug in the disputed spot, in each of which the plaintiff and defendant's lawyers put one of their legs, and remain there until one of them is tired, or complains of being stung by the insects, in which case his client is defeated. In this country it is the client, and not the lawyer, who puts his foot into it.
Professional practice is frequently the subject of theatrical exhibition. "Giovanni in London" has a scene before going to trial, with the following
First Lawyer, Second Lawyer, Giovanni.
that without grist will never go.
(to second Lawyer) Lawyer, there are two;
(to first Lawyer)
that without grist will never go.
The Monday before Shrove Tuesday is so called because it was the last day of flesh-eating before Lent, and our ancestors cut their fresh meat into collops, or steaks, for salting or hanging up till Lent was over; and hence, in many places, it is still a custom to have eggs and collops, or slices of bacon, at dinner on this day. The Rev. Mr. Bowles communicates to his friend Mr. Brand, that the boys in the neighbourhood of Salisbury go about before Sh rove-tide singing these lines:
Shrove-tide is nigh at hand,
Polydore Virgil affirms of this season and its delicacies, that it sprung from the feasts of Bacchus, which were celebrated in Rome with rejoicings and festivity at the same period. This, therefore, is another adoption of the Romish church from
the heathens; and it is observed by Brand, that on Shrove Monday it was a custom with the boys at Eton tn write verses concerning Bacchus, in all kinds of metre, which were affixed to the college doors, and, that Bacchus' verses "are still written and put up On this day." The Eton practice is doubtless a remnant of the catholic custom.
Yellow Crocus. Crocus Hcesiacus. Dedicated to St. Valentine
Stt. Faust inns and Jovita, A. D. 121. St. Sigefride, or Sigfrid, of Sweden, Bp. A. n. 1002.
It is communicated to the Every-Day Book by a correspondent, Mr. R. N. B—, that at Hoddesdon in Hertfordshire, the old curfew-bell, which was anciently rung in that town for the extinction and relighting of " all fire and candle light * still exists, and has from time immemorial been regularly rang on the morning of Shrove Tuesday at four o'clock, after which hour the inhabitants are at liberty to make and eat pancakes, until the bell rings again at eight o'clock at night. He says, that this custom is observed so closely, that after that hour not a pancake remains in the town.
That the curfew-bell came in with William the Conqueror is a common, but erroneous, supposition. It is true, that by one of his laws he ordered the people to put out their fires and lights, and go to bed, at the eight-o'clock curfew-bell; but Henry says, in his " History of Great Britain, that there is sufficient evidence of the curfew having prevailed in different parts of Europe at that period, as a precaution against fires, which were frequent and fatal, when so many houses were built of wood. It is related too, in Peshall's " History of Oxford," that Alfred the Great ordered the inhabitants of that city to cover their fires on the ringing of the bell at Carfax every night at eight