Law of Attorneys.-Common Law Fees and Disbursements.

duced no map, and also, that a witness for whose attendance three guineas was charged, merely put in a counterpart of a lease, which was not used or required, and that another witness, to whom the attorney in his affidavit stated five guineas to have been paid, had been paid only 15s. at the time it was sworn, the rest not having been paid until some months afterwards.

73

purpose of benefiting himself as the attorney, obtaining popularity with others, or oppressing the adverse party: and I will eagerly receive any information which may disclose such practices to this Court. But in the present case, I think, it would not be reasonable to call upon an attorney, after so long a time as has elapsed, to go into the minutiae of such charges as are made on Lord Campbell said. "I adhere to the the present application. It would require opinions which I stated In re Flewker, 17 a very strong case to induce the Court to do Q. B. 572, n. It is a culpable practice for this; and I think there is not such a case an attorney to state that he has made pay-now before us. ments, which, in fact, he has not made, or rule."

to increase charges unduly, whether for the 571.

Therefore there will be no

Doe d. Mence v. Hadley, 17 Q. B.

COMMON LAW FEES AND DISBURSEMENTS,

EXTRACTED FROM PARLIAMENTARY RETURN OF 28TH APRIL, 1854.

Received

Paid (including 1,0757.11s.4d. pensions and compensations)* 11,194

10,510 11

9

3

Deficiency

£ 683 8 6

EXCHEQUER OF PLEAS.

Received

Paid (including 1,1931. 6s. 10d. pensions and compensations)* 14,370 14 6

Deduct deficiency in the Common Pleas

* If these two amounts of payment for pensions and compensations were paid out of the Consolidated Fund, the surplus would be increased to Amount received at the Masters' Offices for swearing Affidavits. Queen's Bench

£ 99 1 0

Common Pleas
Exchequer

132 8 0
192 10

0

£424 3 0

The Receipt for Oaths at the Judges' Chambers have at present been returned only from the Common Pleas. Those other returns will increase the surplus.

This large surplus, we trust, will enable the Judges to abolish altogether the small fees on filing notices, affidavits, &c., and to reduce many of the fees in the early stages of an action, and thus diminish the burthens on the suitors in the Superior Courts.

1

i

Law of Costs.-Liverpool Law Society.

74

LAW OF COSTS.

alterations of Law and Practice, and connected with the administration of justice.

WHERE PEREMPTORY MANDAMUS ON RAIL

The Committee may refer amongst others to

WAY COMPANY TO CARRY ROAD OVER the South Sea Company's Arrangements and

LINE.

Trusts Bill, which had for its principal object the administration and management of private trusts by a public company. The provisions of the Bill appeared to a Committee to be so inconsistent with the principles of Equity, and to be otherwise so objectionable, that they thought it their duty to present a petition against it; in doing so they had the satisfaction of acting in conjunction with the Council of the Incorporated Law Society, and other legal associations, and in consequence of the strong opposition manifested, the Bill was withdrawn.

A PEREMPTORY mandamus was awarded by the Court of Queen's Bench, commanding a railway company, whose line crossed a public highway, to carry the road over the railway by means of a bridge, but without showing on the face of it that it was impossible for the company to exercise the option given by the 8 & 9 Vict. c. 20, s. 46, of carrying the railway over the road, and it directed that the prosecutor should recover his damages, costs, The Committee may also refer to the Bill and charges and costs of increase. The Court called the "Testamentary Jurisdiction Bill," of Exchequer Chamber reversed this judgment. introduced during the last Session into the On an appeal to the House of Lords, affirming House of Lords, by which the administration of the estates of testators and intestates would the decision of the Court of Error, Parke, B., have been removed from the Ecclesiastical who delivered the judgment of the Judges, said, Courts into the Court of Chancery. This Bill in respect of the costs:-"These costs are not would probably have received more general supthe costs awarded at the discretion of the Court, port had it created a new Court of Equity for the administration of this extensive and important under 1 Wm. 4, c. 21, s. 6, as the costs of the branch of legal business; but even as brought application for a writ of mandamus, but the into the House it was well worthy of support, general costs of the cause to which the prose- inasmuch as it would have simplified proceedcutor would be entitled under section 4, ex-ings and established one Court for the proof tending 9 Anne, c. 21, to every sort of man

damus.

66

and have removed the uncertainty as to jurisof wills, and the granting of administrations, diction, which at present exists. To the obBy the 2nd section of that Statute, the projection made in several quarters that the Court secutor, in case he obtains a verdict, shall recover his damages and costs, in such a manner as he might have done in an action on the case for a false return of a mandamus. In such an action, if the mandamus had been on the face of it invalid, and the defect had appeared on the record, the plaintiff could not have recovered any damages, for if the writ gave him no right, the foundation of the action would have failed, as there would have been no obstruction to a right." Regina v. South Eastern Railway Company, 4 House of Lords' Cas. 471.

LIVERPOOL LAW SOCIETY.

ANNUAL REPORT OF THE COMMITTEE.

THE Committee have to report that since the last Annual Meeting, two new members have been admitted: namely, Mr. John Forshaw and Mr. Joseph James Ridley, and that three members, Mr. Davenport, Mr Wybergh, and Mr. Henry Fisher have retired.

The Society now consists of 117 members. The Committee have, during the past year, devoted considerable time and attention to questions affecting the welfare of the Profession, which have, from time to time, been brought before them; and to the various Bills brought into Parliament, containing proposed

of Chancery has already more business than it can satisfactorily dispose of, it was sufficient to answer that nothing can be worse, more oppressive, and vexatious than the present sys tem, and that some improvement may be reasonably expected in the proposed change, although not equal to that which a separate Court might afford. The Bill, however, appeared to meet with support among nearly all classes of the community; but it is understood, that owing to the difficulty of arranging questions of compensation with persons inened opposition in several influential quarters, terested in the existing system, and of threatthe Bill was withdrawn. There is reasonable ground for believing that it will be again brought forward in a future Session, when it will be advisable to take some measures for calling the attention of the community to the Bill, as its provisions commend themselves to the approval not only of the Profession, but of the public at large.

The Committee have also had under their consideration the amendment of the practice of the District Court of Bankruptcy, and have recorded their opinion on that subject, in answer to certain printed questions circulated by the Queen's Commissioners, which answers have since been published.

The Committee have also had the painful duty of investigating a case of alleged profes sional misconduct on the part of a solicitor (not a member of this Society), which, at the

Liverpool Law Society.—Candidates who Passed the Examination.

75

time, attracted the notice not only of the Pro-examination into the general education of perfession, but of the public. After ascertaining, sons desiring to become articled clerks, and by the aid of a Sub-committee, the facts of the certificates of fitness as a necessary qualificacase, they deemed it encumbent upon them to tion to their entering into articles, or towards report them to the Council of the Incorporated improving the existing system of examination Law Society, in order that the Court of Queen's before admission as attorneys and solicitors. Bench might be moved for a rule to show The more the Committee consider this subject cause, and accordingly they prepared and sub- the more they are convinced that the future mitted to the Council drafts of affidavits stating status and welfare of the Profession will, in a the circumstances. The Council, however, great measure, depend upon a higher standard of education.

were advised that the motion could not succeed without further evidence, which another person, implicated in the transaction, could alone furnish; and it not being possible to carry the evidence further, the matter was reluctantly dropped. The Committee feel that they owe this explanation to the Society, as many comments have been made upon their supposed desire to avoid this painful duty.

Your Committee have to report that during the past year they have, from time to time, received from the Committee of the Metropolitan and Provincial Law Association, many important communications relating to the several Bills introduced into Parliament during the past Session, and other subjects affecting the interests of the Profession, and the various proposed amendments and alterations in the law, and wish to express the high sense they entertain of the value of that Association.

The Committee do not consider it necessary to particularise their labours with respect to Bills which have become law during the last Session; but they may observe generally, that It having been arranged that a meeting of several very judicious amendments have been its members should take place at Leeds on the made in the Common Law Procedure Act, in 18th ult., your Committee thought it right to the Bankruptcy Practice, and in other parts of appoint a deputation to attend such meeting as the Statute Law. delegates from your Society, and accordingly The Committee have much pleasure in ob-requested Mr. Payne and Mr. H. H. Statham serving that the alterations in the mode of Pro- to undertake the office, which they have done; cedure in the Chancery Court of Lancashire, and from their report of the proceedings your have caused a considerable increase in the Committee are of opinion that the meeting business of the Court, and that in consequence (which was attended by delegates from various of a recent reduction in the scale of fees, the other law societies), was well calculated not expense of proceedings has been considerably only to forward the interests of the professional decreased. The Court now possesses great body of attorneys in the right direction; but advantages for local suitors, and is convenient also to place them in a better position for asfor solicitors practising in the district. The sisting to carry out such truly beneficial impublic and the Profession are much indebted provements in the law as will benefit the comto the Vice-Chancellor, and to the District Re-munity at large. gistrar, for having so greatly promoted and extended the efficiency of the Court.

The Committee regret that since their last Annual Report nothing has been done towards the establishment of a system of authorised

The accounts of the treasurer show s balance 1127. 17s. 10d. to the credit of the Society.

The members of the Committee who go out in rotation are, Mr. H. H. Statham, Mr. Carter, Mr. Wareing, Mr. J. Fletcher, and Mr. Collins.

Williams, Geo. St. Swithin, articled as Geo. Williams George Frederick Druce; Edwd. Brodribb Randall

Appointed under the Fines and Recoveries' Act, hall of the said city. with date when gazetted.

Rushton, Thomas, Uttoxeter, in and for the county of Stafford. Nov. 17.