Metropolitan and Provincial Law Association.

CHESHIRE. The city of Chester and the town of Birkenhead are here the principal places. The adjoining societies are at Liverpool,-Mr. George Webster, Secretary; and at Wrexham, Mr. John Lewis.

:

CORNWALL. The most eligible towns are, Falmouth and Launceston. The nearest law societies are at Plymouth and Exeter of the former, Mr. Pridham is Secretary, of the latter, Mr. Terrell, and of Devonshire generally, Mr. Campion of Exeter.

DORSETSHIRE. Principal towns,-Dorchester, Weymouth, and Bridport. The nearest law societies are at Exeter, (as above mentioned); at Wilton, of which Mr. John Swayne is Secretary; at Taunton, where Mr. Pinchard is the Secretary; and at Bridgwater, Mr. Ruddock.

ESSEX. Principal places,-Colchester and Chelmsford. The nearest law societies are at Cambridge, Secretary, Mr. Foster, jun.; at Bury St. Edmunds, Mr. James Sparke.

HAMPSHIRE. Principal places,- Winchester, Southampton, and Portsmouth. The nearest law societies are held at Wilton (vide suprù) and Brighton,-Secretary, Mr. Edward Cornford. HEREFORDSHIRE. Principal town-Hereford. Nearest law society at Gloucester,-Mr. John Burrup, Secretary.

93

and Haverfordwest.

RADNOR. Principal town,-Presteigne. We fear these lists may not be entirely accurate, but believe they are sufficiently so to be of considerable use, and we have ventured to give them immediate publicity sessions and assizes, and at the probability because,-looking at the approach of the of an early general election,—we think there should be no time lost in calling together some influential persons in some or one of the large towns referred to, and taking the matter into consideration. It will be found HERTFORSHIRE. Principal places,-Hert- that in several of these places there formerly ford and St. Albans. Nearest law society at existed law societies, which, for want of Aylesbury and London. official activity, ceased to meet, but may be readily revived. Preliminary meetings should take place immediately, and at the next quarter sessions and the ensuing assizes new societies might be regularly established and put in communication with the general association in London.

HUNTINGDONSHIRE. Principal town,— Huntingdon. Nearest law societies at Northampton and Cambridge, (vide suprà.)

LEICESTERSHIRE. Principal place,-Leicester. Nearest law societies at Birmingham,--Mr. Thomas S. James, Secretary; Derby, Mr. Simpson; Bilston, Mr. Willim.

MONMOUTHSHIRE. Principal towns,-Monmouth and Newport. Nearest law society at It may be proper to observe, that in all Bristol,-Mr. Wasbrough, Secretary; at Glou- these counties, where the attorneys and cester, (vide suprà.) solicitors are unrepresented by any law soNOTTINGHAMSHIRE. Principal towns,ciety, there are several members of the Nottingham and Newark. Nearest law societies, Incorporated Law Society, and, considerDerby (vide suprà) and Lincoln,-Secretary, ing the report at the last annual general meeting, (from which we quoted in our RUTLANDSHIRE. Principal town, Oke- last number, p. 69, ante,) it is probable ham. Nearest law society at Northampton, (vide suprà.) those gentlemen would readily assist at a SHROPSHIRE. Principal town,-Shrews- meeting convened for the purpose of formbury. Nearest law society at Wolverhampton,-ing a new society. Secretary, Mr. William Dent.

Mr. E. A. Bromehead.

We avail ourselves of the following pasWORCESTERSHIRE. Principal place,-Wor-sages in the address, which well and aptly cester. Nearest law societies at Birmingham support the recommendations of the comand Gloucester (vide suprà.) mittee regarding the extension of law so

Proceeding to the Welch counties which cieties:

remain unrepresented, we are unable to "Many advantages will result from this refer to any contiguous law societies, for, measure. Union will be one, and not the with the exception of Denbighshire and least. It may appear to some to partake of Flintshire, there are none in the princi- paradox, but it is nevertheless true, that no pality; and the English counties bordering class of the community has been so supine and thereon, such as Chester, Salop, Hereford, inactive in the assertion of their own rights, or and Monmouth, are equally without legal permitted more passively aggression and enassociations. We can, therefore, only Their names are distinguished in the Law suggest where a "local habitation" might List by an asterisk.

be found.

Metropolitan and Provincial Law Association.-New Statutes.

croachment. Scattered and divided, the pro- the public, and closely connected with the fession has been weak; combined their power right administration of justice. We shall, will be, for the accomplishment of every reason- therefore, with the aid of our learned and able object, amply sufficient. Another advan- able contributors, most heartily support tage that may be looked for is, the salutary the association.

tion: thus, disputes may be adjusted, rules of NEW STATUTES EFFECTING ALTERApractice established, misfeazance prevented, and, what has hitherto been wanting, support TIONS IN THE LAW. and encouragement afforded to the attorney, under circumstances of trial and difficulty, which may sometimes meet him in the fair and honourable discharge of professional duty."

"This important measure, if carried out, will promote fair and honourable practice, an object equally beneficial to the public and to all 9 & 10 Vict. c. 101. Certain expenses branches of the profession. To these societies, deemed to be included as expenses of works of or to the general association, appeals may be Drainage.-Whereas an act was passed in the made on disputed points of professional usage; last session of parliament, intituled "An Act to abuses may be examined and rectified, and ap-authorize the Advance of Public Money, to a plications to the superior courts, or to parlia- limited Amount, to promote the Improvement ment may be concerted."

In thus promoting "fair and honourable of Drainage:" And whereas it is expedient that the said act should be explained and practice" amongst attorneys and solicitors, amended: Be it enacted by the Queen's most the character and position of that branch excellent Majesty, by and with the advice and of the profession cannot fail to be raised in consent of the Lords spiritual and temporal, public estimation. Another, and a not less and Commons, in this present parliament asimportant, object announced in the address sembled, and by the authority of the same, is, the suggested improvement in legal edu1. That the expenses hereinafter mentioned cation. If the proposal of the committee shall be deemed to be and may be included be carried out, we doubt not that hereafter respect of which advances may be made under expenses of works of drainage, in the position and prospects of the profession the provisions of the said act; (that is to say,) will be greatly advanced.

for.

New Statutes effecting Alterations in the Law.-Drainage of Land.

95

of the land, which will exceed the utmost yearly previous application may have been made, the amount which can be charged thereon under commissioners may, in dealing with such subthe said act in respect of the advance applied stituted application, give the same the benefit (if any) in respect of priority to which they 2. Plans, &c., may be dispensed with in cer- might have deemed it entitled if it had been tain cases.-That where by the said act the made at the same time, and instead, in whole plan, estimate, and specification of the proposed or in part, of the previous application: Prodrainage is required to be inspected or ex-vided always, that every such substituted apamined by and to be annexed to the report of plication shall, in respect to the notice required the assistant commissioner, or surveyor or en- to be given by advertisement, and all inquiries gineer, it shall be sufficient for the assistant and proceedings to be had thereupon, except commissioner, or surveyor or engineer, unless as aforesaid, be dealt with as an original applithe commissioners shall otherwise direct, to in- cation. quire into and to embody in his report such 5. Where separate applications have been particulars of the land proposed to be drained, made by the same owner for several advances, and of the proposed or any other manner of the same may be consolidated. That where effecting the drainage thereof, and of the esti- separate applications shall have been made by mated expenses of such drainage, as shall the same owner for several advances for the appear to him necessary and sufficient to enable drainage of several lands, or where successive the commissioners to judge of the expediency applications shall have been made for an adof an advance in respect of the proposed vance, and a further advance for works of works; and where in the provisional certificate, drainage on the same lands, it shall be lawful or in any subsequent proceeding, reference is for the commissioners (with the consent of the by the said act required to be made to the plan owner for the time being of such lands or land) and specification annexed to such report, refer- by their provisional certificate, or by any other ence may be made thereto, or to the said re- writing under their seal, to declare such several port, as circumstances may require; and it applications to be consolidated and treated as shall be lawful for the cominissioners to certify one application, and thenceforth the proceedtheir opinion that an advance should be made ings and the provisional certificate, and the in respect of any works, notwithstanding any certificates respectively which shall be had and deviation therein from the proposed manner of issued upon such consolidated application, effecting the drainage, if such deviation shall shall be had, framed, and issued respectively in appear to the commissioners to be expedient, the same manner, and shall have the same and productive of improvement as permanent force and effect in all respects, as if the aggreand of as great yearly amount as the manner at gate amount of the advances applied for by the first proposed. several applications had been applied for, and in the case of several lands and works as if such several lands and works had been all mentioned and included in one application: Provided always, that where such separate applications as aforesaid shall have been made for advances for the drainage of several lands, such applications shall not be consolidated without the like notice by advertisement of the proposed consolidation as by the said recited act is required in respect of an application for an advance; and where such notice by advertisement shall be given, any person who would have been authorised to dissent from an application for an aggregate advance in respect of the lands comprised in such several applications may dissent from such proposed consolidation, and the provisions of the said recited act in relation to dissents shall be applicable to dissents from a proposed consolidation.

3. Applicants for advances may withdraw or reduce the amount of their applications. That all parties who shall have made applications for advances under the said act may at any time, before provisional certificates shall have been issued thereon respectively, by writing, addressed to the commissioners, withdraw or reduce the amount of the advances for which their several applications are made; and the commissioners may deal with any application for such reduced advance in the same manner in all respects as if the advance for which such application is made had been originally limited to the amount to which the same shall be so reduced.

4. Applicants may substitute applications (in respect of other lands) for the applications withdrawn or reduced in amount.-'That any party who shall withdraw an application or reduce the amount of the advance for which his appli- 6. Advances may be made on account in cercation may have been made, under the pro- tain cases.-That where a provisional certificate vision hereinbefore contained, may at the time has been or shall have been issued under the of such withdrawal or reduction substitute for said act, it shall be lawful for the commisthe application so withdrawn an application for sioners, whether a declaration shall or shall not an advance of the drainage of any of his lands have been inserted in the provisional certificate not comprised in his previous application; and for this purpose, to certify to the Commissioners if the advance applied for by such substituted of the Treasury that an advance on account application do not exceed the advance for which should be made in respect of any part of the the application so withdrawn may have been proposed works which shall not have been acmade, or (in the case of such reduction as tually executed, not exceeding in amount the aforesaid) do not exceed the amount withdrawn whole of the sum then actually expended by reduction from the advance for which the thereon, in case it shall be shown to the satis

96

New Statutes effecting Alterations in the Law.-Drainage of Lund.

faction of the commissioners that the part so security, to any person who may have advanced executed will, independently of the part remaining unexecuted, be durable and effectual, and produce an improvement in the yearly value of the land exceeding the amount of the yearly charge which can be made under the said act in respect of such advance.

or may agree to advance monies for the execution of the works therein mentioned, and such assignment may be made by an endorsement on the provisional certificate in the form set forth in the schedule to this act; and such assignee shall be entitled to claim and receive, 7. Time for completion of works.-That no upon and in respect of such provisional certifiprovisional certificate shall be issued under the cate, such advances as the owner by whom the said act unless it shall be shown to the satisfac- assignment shall have been made might have tion of the commissioners, or security be given claimed and received in case such assignment to their satisfaction by the party applying for had not been made, subject nevertheless to the the advance, that the works for which the ad- right of the owner as against such assignee to an vance is to be made may be completed within account of the advances so received, or of so five years from the date of the certificate; and much thereof as shall not be owing on his sethe commissioners shall annex to every pro- curity; and, subject to the rights of assignees visional certificate to be issued under the as aforesaid, each advance shall be made to the authority of the said act a provision that all owner by whom the works in respect of which works in respect of which they shall certify an advance may be made shall appear to the their opinion that an advance should be made commissioners to have been executed, and who shall be completed within five years as afore- shall have been named in the certificate acsaid, and no provisional certificate shall be cordingly, or to the legal personal representative issued upon any application or applications by of such owner; and where an aggregate adthe same owner for any larger sum than ten vance shall be made in respect of works which thousand pounds: Provided always, that in shall have been in part executed by an owner case it shall be shown to the satisfaction of the whose ownership shall have ceased, and in part commissioners, or security be given to their by a subsequent owner, the advance shall be satisfaction by the party applying for the ad- apportioned by the commissioners between the vance, that the works for which the advance is owners in such manner as by the report of a to be made may be completed within three years surveyor or assistant commissioner, or otherfrom the date of the certificate, and that it shall wise, shall appear to the commissioners to be also appear to the satisfaction of the commis- reasonable, having regard to the sums expended sioners that such works are to be executed by the successive owners, and such successive within any district in Scotland in which distress owners may be named in the certificate acprevails, and that such works may be executed cordingly. by the labour of the inhabitants of such district, it shall and may be lawful for the said commissioners in such case, on the application of any owner, and with the sanction of the Commissioners of her Majesty's Treasury, to issue a provisional certificate or provisional certificates for such larger sum or sums as they in their discretion shall see fit, subject to a provision to be annexed to such last-mentioned certificate that such works shall be completed within the said period of three years.

10. As to the words " owner of lands."-That the words "owner of lands" shall, as to lands in Scotland, include any corporation.

11. This act to be deemed part of the recited act.-That this act and the recited act shall be construed together as one act, and the provisions herein contained shall be deemed to extend to all proceedings and matters already taken and done in the same manner as if such provisions had been originally inserted in the said recited act.

12. That this act may be amended or repealed by any act to be passed in this session of parliament.

SCHEDULES TO WHICH THIS ACT REFERS.

I A. B. of the sum of

8. Form of certificates, and their effect.That certificates and provisional certificates under the said act may respectively be made in such form as the commissioners shall think fit; and every such certificate and provisional certificate respectively, when sealed with the seal of the commissioners, shall for all purposes be Form of Assignment of Provisional Certificate. conclusive evidence that all the applications and acts whatsoever which ought to have been made in consideration of and done previously to the issuing thereof have pounds paid to me [or of been made and done by the persons authorized the advances which may be made to me] by to make and do the same, and that an advance C. D., do hereby assign to the said C. D. the may be issued by virtue of such certificate, and within written provisional certificate, and all that the land shall become charged in respect of my right and interest in and to the advances such advance; and no such certificate or pro- which may be made in virtue thereof, to the visional certificate shall be impeached by reason intent that the said C. D., his executors, adof any omission or mistake therein. ministrators, or assigns, may claim and receive 9. Provisional certificate may be assigned.—such advances, and may thereout retain the said That any owner of land to whom a provisional sum of with interest for the same certificate shall have been issued under the said at per centum per annum [or such sums act, or any subsequent owner of such land, may as may be advanced to me by the said C. D. as assign such provisional certificate, by way of aforesaid, with interest at

per centum

Law of Attorneys.—Jurisdiction of the Ecclesiastical Courts.

per annum from the time of the respective advances thereof.]

In witness whereof I have hereunto set my hand, this day of

LAW OF ATTORNEYS.

18

DEFECTIVE BILL OF COSTS.-NAME OF
COURT IN WHICH BUSINESS DONE.

WE beg to call the attention of our readers to the case of Ivimey v. Marks, reported in this number, (p. 107, post,) by which it is decided, that

"Where an attorney's bill contains charges for business done in the Court of Chancery and also in a common law court, it should mention each court in which such business was done. Therefore, where a bill stated that some of the charges were for business done in the Court of Chancery, and it did not appear in what court the other business was done, except in one of the superior common law courts. Held, insufficient, under the 6 & 7 Vict. c. 73."

that the items showed that it must have been

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offices: doing, on the one hand, what may be just, (aye and liberal,) towards vested interests, on the one hand, and on the other, what may be due to the public and the right administration of justice.

As an indication of "coming events," promoted by a potent body, the Dissenters, we give the following petition to the House of Commons, printed in the votes and proceedings of the 6th May. It comes from the officers and members of "the Society for the Abolition of Ecclesiastical Courts,' and states

"That ecclesiastical laws and courts in this influence of Roman Pontiffs, whose power they country had their origin in the authority and were designed to consolidate and retain. That this separate and, in many respects, independent branch of jurisprudence has produced very many national evils, which induced the legisla ture, at the commencement of the Reformation, to pronounce the constitutional laws of ecclesiastical courts, "much prejudicial to the Prerogatives Royal, repugnant to the laws and statutes of this realm, and overmuch onerous to the subjects;" but that, notwithstanding this condemnation, and the efforts made by and Elizabeth, for their abolition, they remain parliament, in the reigns of Edward the Sixth to this day essentially unchanged.

"That these courts are, by charter of William the Conqueror, declared to be" for the government of souls," under which designation they claim and execute a jurisdiction over matters in which the social, moral, and religious intevolved; and that unrepealed statutes define or rests of every member of the State are indeclare this jurisdiction (embracing, as it does, the laity) to be such as, in the judgment of your petitioners, is alien to the proper authority of any human tribunal, derogatory to the body of persons thus armed with the means of persecution, opposed to the free spirit of our national institutions, and utterly at variance with the pure and beneficent principles of the Christian religion.

This decision requires the especial attention of attorneys and solicitors. If it be well-founded, the act of 6 & 7 Vict. C. 73, will require amendment. No doubt, an attorney ought to deliver a bill of costs in all respects in an accurate form. So ought a surgeon or apothecary or a tradesman. But, whilst it may be proper that an attorney should not be allowed to recover for such part of his bill as may not be properly stated, either, as in this case, from the omission of the name of one of the courts in which part of the business was done, or for other defects-we cannot understand the justice of nonsuiting him for the whole The client should be required to make his objection by plea, if it turn on the form of the bill, and there should be power to amend on payment of costs: or, the client "That a royal commission was appointed in should take out a summons requiring the 1830, to make full inquiry into the practice attorney to amend his bill according to and other things connected with ecclesiastical the practice of amending particulars of courts, and further to inquire into the jurisdicdemand. There seems to be a failure of tion of such courts, and whether such jurisdicjustice.

tion may be conveniently and beneficially taken away or altered.' That this commission made their report in 1832, but that no legislative re

JURISDICTION OF THE ECCLE-medy for the bulk of the grievances it reported

SIASTICAL COURTS.

THERE appears but little doubt that the courts at Doctors' Commons will be remodelled consistently with the reforms which are taking place in all the ancient courts of the realm. The difficulty will be here, as it was in the Court of Chancery, to make due arrangements for abolished

to exist has yet been provided.

"That ecclesiastical courts, though professedly spiritual, do yet exercise jurisdiction in several matters exclusively civil, and especially the administration of testamentary and matrimonial laws, than which there is no department of jurisprudence of more vital and daily but which the royal commissioners report, it importance to every class of the community, is impracticable to have efficiently administered in diocesan courts.'

F 5