narrowing or extending the period or circumstances of the rule, as the exigencies of the particular case required. The last of these cases, and that which has clearly defined the extent of this important rule, is Cadell v. Palmer (1 Clark & Finnelly, 372), decided in the House of Lords on the 25th of June, 1833. Previously to that decision, the rule had been so far settled that a limitation by way of executory devise was valid, although it were not to take effect during a life or lives in being, and the minority of a person existing at the termination of such life or lives; and this, therefore, might suspend the ownership of the property for a life or lives in being and twentyone years, being the period of an infancy, and also the few months which might be the period of gestation. The questions, then, which arose in Cadell . Palmer, and which were submitted by the House of Lords to the Judges, were-First, whether a limitation by way of executory devise is void as too remote, or otherwise, if it is not to take effect until after the determination of one or more life or lives in being, and upon the expiration of a term of twenty-one years afterwards, as a term in gross, and without reference to the infancy of any person who is to take under such limitation, or of any other person.

Secondly, whether a limitation by way of executory devise is void as too remote, or otherwise, if it is not to take effect until after the determination of a life or lives in being, and upon the expiration of a term of twenty-one years afterwards, together with the number of months equal to the ordinary period of gestation; but the whole of such years and months to be taken as a term in gross, and without referénce to the infancy of any person whatever, born or en ventre sa mere.

Thirdly, whether a limitation, by way of executory devise is void as too remote, or otherwise, if it is not to take effect until after the determination of a life or lives in being, and upon the expiration of a term of twenty-one years afterwards, together with the number of months equal to the longest period of gestation; but the whole of such years and months to be taken as a term in gross, and without reference to the infancy of any person whatever, born or en

ventre sa mere.

sion, because the previous estate may subsist for deed, surrender, will, or other assurances di.
centuries or for all time, or it is a contingent re-recting such accumulations, would for the time
mainder, and then, by the rule of law, unless the being, if of full age, be entitled unto the reata,
event upon which the contingency depends happen issues, and profits, or the interest, diris,
so that the remainder may vest eo instanti the or annual produce so directed to be accumsan
preceding limitation determines it can never take and in every case where any accumulation
effect at all. There was a great difficulty in the directed otherwise than as aforesaid, such dirie
old law, because the rule as to perpetuity, which is shall be null and void, and the rents, issues, profits,
a comparatively modern rule (I mean of recent in- and produce of such property so directed to be ac
troduction, when speaking of the laws of this coun- cumulated shall, so long as the same shall be di
try), was not known; so that, while contingent re-rected to be accumulated contrary to the pro
mainders were the only species of executory estate of that Act, go to and be received by such person
then known, and uses and springing and shifting or persons as would have been entitled there
limitations were not invented, the law did speak such accumulation had not been directed.". It
of remoteness and mere possibilities as an objec- then provided by the second section, that nothing i
tion to a remainder, and endeavoured to avoid the Act" shall extend to any provision for payment
remote possibilities; but since the establishment of of debts of any grantor, settlor, or devisor, or other
the rule as to perpetuities, this has long ceased, and person or persons, or to any provision for raisin
no question now ever arises with reference to re- tions for any child or children of any person taldin
moteness; for, if a limitation is to take effect as a any interest under any such conveyance, settlement,
springing, shifting, or secondary use, not depending or devise, or to any direction touching the produce
on an estate tail, and if it is so limited that it may of timber or wood upon any lands or tenements;
go beyond a life or lives in being, and twenty-one but that all such provisions and directions shall
years and a few months equal to gestation, then it may be made and given as if the Ar
is absolutely void; but if, on the other hand, it is passed." By the third section the Acti
a remainder, it must take effect, if at all, upon the extend to any disposition of heritable property i
determination of the preceding estate. In the latter Scotland, nor to wills made before the
case, the event may or may not happen before or at the Act, except where the devisor or testator sh
the instant the preceding estate is determined, and be living, and of sound and disposing mind
the limitation will fail or not, according to that the expiration of twelve calendar months from the
event. It may thus be prevented from taking passing of the Act.
effect, but it can never lead to remoteness. That
objection, therefore, cannot be sustained against
the validity of a contingent remainder."
Although there be no life or lives during which
the vesting is delayed, yet the term of twenty-one
years cannot on that account be lengthened.
(Palmer v. Holford, 4 Russ. 403.)

Upon this Act it has been held, that a disposition exceeding the limits allowed by the Act is void only for the excess beyond twenty-one years. (Griffitha v. Vere, 9 Ves. 127; Longdon v. Simon, 12 Vs. 295; Lord Southampton v. Marquis of Hertford, 2 Ves. & Bea. 54; 2 Mer. 389; Haley Bannistery 4 Madd. 275; Marshall v. Holloway, 2 Swat, 432; and Ellis v. Maxwell, 3 Bea. 587.)

In the construction of wills, with regard to the question of the remoteness of any particular limitation, it appears that the limitation must be considered, not as it is actually circumstanced at the PROMOTIONS, APPOINTMENTS, testator's death, but as it may be circumstanced in any possible event subsequent to the date of the

wil. A gift, therefore, which was originally void,

is not rendered valid by subsequent events. (Leake
v. Robinson, 2 Mer. 363.)

The opinion of the judges given by Mr. Baron Bayley, was-upon the first question, that the limit It does not, however, appear to be necessary is a life or lives in being, and twenty-one years that any unborn person should become entitled to afterwards, without reference to the infancy of any the entire estate, for an interest for life may be person whatever; and upon the second and third given to an unborn child. In Routledge v. David questions, that such a Ves. Master of the Rolls (Sir R. questions

as was remate

in the

[Clerks of the Peace for Counties, Cities, and
oblige by regularly forwarding the names and
all new Magistrates who may qualify.]
The Queen has been pleased to appoint Ker Baile
island of Grenada.
Hamilton, esq. to be Lieutenant-Governor of the

The Queen has also been pleased to appoint Joha
Shiell, esq. to be Chief Justice for the islands
Antigua and Montserrat, and Sir Robert
knight, to be her Majesty's Attorney Gene

Bwould be Joi JO MOREALS 300) question might arice, how far island

A

ing twenty-one years as the limit, and the period of an unborn child is to be made tenant for life: but
gestation to be allowed in those cases only in which it is established upon good principles in precedent
the gestation exists.
certainly, that that may be. The doubt was,
This rule, then, being thus clearly defined, it is whether it was not tying up the estate beyond lives
to be considered as applicable to all limitations of in being, and twenty-one years afterwards; but that
real and personal property. There are, however, is not so where the absolute interest is disposed of
some apparent inconsistencies with regard to it and vested, though part is given for life; for that
which it will be proper to notice; as, for instance, person, with the person having the absolute interest,
although an executory limitation after an indefinite may dispose of the estate. It is not unalienable."
failure of issue would be void for remoteness It should also be remembered, in connection with
(Badger v. Lloyd, 1 Salk. 232; Moore v. Parker, this rule against perpetuities, that where a power of
ì Lord Raym. 37; and Lady Lanesborough v. Fox, appointment among a class of persons is given,
Forrest, 262), yet, if the limitation be subsequent those persons must be such as would be competent
to or in defeasance of an estate tail, it will be valid. to take under the will creating the power.
(Nicholls v. Sheffield, 2 Bro. Ch. Ca. 215; Carr Restraint upon accumulation.-Nearly con-
. Earl of Erroll, 6 East, 58; and Earl of Scar- nected with the rule against perpetuities, is the re-
borough v. Savile, 3 Adol. & Ell. 897.)
straint which, for reasons of public policy, has been
required to be placed upon the accumulation of the
income of a testator's property. This restraint has
not, however, gradually grown up, or been defined by
the decisions of the judges, but the extraordinary
will of Mr. Thellusson having called the serious at-
tention of the Legislature to the importance of pro-
viding some more stringent regulations upon the
subject than then existed, the 39 & 40 Geo. 3, c.
98 was passed for that purpose. By that Act it is
enact
passing of the

The Queen has also been pleased to appont The Brown Wylly, esq. to be Puisne Judge island of Trinidad, and George Knox, esq. to be r

Majesty's Solicitor-General for that island.
The Queen has further been pleased to appoint
R. Craig, esq. to be her Majesty's Solicitor-General
for the colony of British Guiana.

The Queen has been pleased to appoint
Hope, esq. Major in the army, to be
Legislative Council of the settlement of
Good Hope.

Frederick B. Wells, as Consul at Ber
The Queen has been pleased to
United States of America.

The Lord Chancellor has appointed Fra
Southern, the younger, of Walsall, in
Stafford, gent. to be a Master Extran
High Court of Chancery

The Lord Chief Justice of her Common Pleas has appointed John of Birmingham, in the county Warwick, gent., John Edmonds, of Charles Amphlett, of Birmingham, the county of Cumberland, gent., county of Devon, gent., Joseph Hall, Hooper, of the city of Worcester, 6 Stephens, esq. of Prestign, to be the missioners for taking the acknowledgmen by married women.

It must also be borne in mind that a limitation which operates as a contingent remainder will not berounoxious to this rule against perpetuities, because the conditions to which it is subject as a contingent remainder will prevent the inconveniences against which it was the intention of this rule to guard. necessary that a vested legal freehold estate should precede a legal freehold contingent remainder, and some such preceding freehold estate must subsist and endure until the time me when the contingent remainder vests, that i mell person or persons shall, after the MIDDLE TEMPLE, Jan. 17-The underwent ar comes to for it is a general rule that or surrenders, will, codicil, or otherwise howsoever, and published in the hall :-Thos. Wheeler, every remainder must vest, either during the par- settle or dispose of any real or personal property so Geo. Wm. Bell, esq., George Sweet Carr, eg St. John's College, Cambridge; Wm. Morris, est ticular estate or else at the very instant of its deter- and in such manner that the rents, issues, and pro- Thos. Garfit, esq. mination. (Fearne's Cont. Rem. 307.) This rule fits or produce thereof, shall be wholly or partially regarding contingent remainders will therefore re-accumulated for any longer term than the life or this day called to the degree of barrister-at-law by GRAY'S-INN, Jan. 21.-Samuel Joyce, esq. was strict the devise within the proper limits, without lives of any such grantor or grantors, settlor or the Hon. Society of Gray's-inn. reference to the rule against perpetuities before settlors, or the term of twenty-one years om the THE NEW LORD CLERK REGISTER.-We un stated. death of any such grantor, settlor, derstand that the Right Hon. the Earl of Dalbores In Cole v. Sewell (4 Dr. & War. 1), Sir Ed-testator, or during the minority or respective mi-attended in the first division of the Court of pose of

enacted that, by any deed or deeds, surrender gentlemen were called to the degree of the Utter Bary

ward Sugden observed-" It is now perfectly set- norities of any person or persons who shall be on Monday morning, about ten, for the purpose of

mainder, remoteness is out of the question; for the of such grantor, devisor, or testator, or during the General, her Majesty's registers and will us death and rol having the oaths administered by the Lord Justice

given limitation is either a vested ren Pond minority or respective minorities only of any per- Scotland, in the room of the late Right Hon, William

then it matters not whether it

it ever vest

son or persons who, under the uses or trusts of the Dundas.-Caledonian Mercury.

COURT PAPERS.

”,,,, ༤༢། COURT OF QUEEN'S BENCH.-HILARY TERM. miss and 9th Victoria, Jan. 22, 1846.

This Court will, on Monday and Tuesday the 2nd and 3rd days of February next, and also on Monday the 9th day of February next, and the five following days, hold sittings, and will proceed in disposing of the business of the Crown paper, the New Trial paper, and the Special paper, and giving judgment in cases then pending. BY THE COURT. HILARY TERM EXAMINATION AND ADMISSION. This examination took place on Thursday, the 22nd inst. being the first of the ten days prescribed by the rule of court. The Master of the Rolls has appointed Wednesday, the 28th, to swear in and admit the candidates on the roll of solicitors. This is a convenient arrangement. The examiners' certificates will be delivered on the 24th, and there will be several days to obtain the judges' fiats and complete the common law admissions. It will be recollected that formerly the applicants had to wait for admission in Chancery till the day after term.-Legal Observer.

in 1833, and republished the same in 1836, after Inns of Court; and that from and after the first
making various alterations therein, and on the 19th day of Easter Term, 1846, no student of this house
of November, 1837, added two codicils thereto; the be called to the bar who shall not have attended
whole of the instruments were entirely in his own one of such terminal course of lectures, and that the
handwriting, but unattested. He appointed as his societies of the other inns be requested to concur
executors John Abel Smith, esq. and Lady Lewin;
but they both renounced the grant, and the Court with this society in the establishment of similar
decreed letters of administration, with the will and lectureships in other branches of law; and that it
codicils annexed, to Mr. W. Loaden, who had a claim be referred to a committee to approve of proper
on the estate. The personal property is sworn under regulations for carry the above objects into effect:
2,000l. In his will Sir Gregory expressed a wish to
make up Lady Lewin's income 6001. a year, as she
It was resolved and ordered by the Bench,-
would be entitled to 3001. from her father's estate,
"That it is expedient that steps be taken for
1301. under their marriage settlement, and 50%. as the
promoting the legal education of the students
widow of a lieutenant in the navy, and would also
of this House; and that it be referred to a
receive 901, a year on the death of her mother; he
committee to ascertain and report to the
had also left her a legacy of 7501. His freehold at
Eltham he had devised to his son Granville, for his
Bench the best mode of carrying this resolu-
life, with power of making the same his own in fee-
tion, and the objects mentioned in the above
simple on payment of 1,000l. to his next brother, and
notice of motion into effect."
2501. to each of his other brothers and his sisters;
but should he decline to accept the freehold estate on
these terms, then he devised the same to his son
Reginald, with the like conditions. The residue be

པས པ ས ས པ ས ད ད ད ས པ ས ཉིད དུ འི ་ བྱ བ ད ར རྣ ག ད SPRING ASSIZES FOR 1846. 15 had bequeathed in equal portions amongst his child

IRELAND.

The following are the Circuits selected by the Judges:-
:-
Home Circuit.-Lord Chief Justice and the Chief Justice of
the Common Pleas.
North East-Mr. Justice Burton and Mr. Justice Crampton.
North West.-Hon. Mr. Justice Torrens and Baron Penne-
father.

Connaught Mr. Justice Perrin and Mr. Baron Richards.
Munster-Mr. Justice Jackson and Mr. Baron Lefroy.
Leinster. The Lord Chief Baron and Mr. Justice Ball.

TO LEGAL INTELLIGENCE.

BENCHERS OF THE INNER TEMPLE. We understand that the memorial from the barristers of the Inner Temple to the benchers of that Inn has now received more than eighty signatures. Belated

The Right Hon. Francis Blackburne takes his seat to-morrow for the first time as Chief Justice of the Queen's Bench. Concerning the other Irish legal appointments, nothing has been definitely settled, except that Mr. Solicitor-General Green has been hail of the Four Courts, that the Chief Justice of the of the Four Justiced in the Common Pleas is about shortly to retire with a peerage, and that the Right Hon. T. B. Smith will be his successor.

ren.

Sir Gregory died at the city of Exeter, on the
12th of October, at the age of fifty-one.

IRISH LEGAL INTELLIGENCE.
STATE PROSECUTION OF "THE NATION"
NEWSPAPER. The defendant has put in a plea in
abatement of the indictment in this case, on the
ground that twelve or more of the grand jury did not
appear in open court and hand in the bill when found,
and that the names of the persons were not called
over; and that but five of the grand jury appeared in
court when their foreman handed in the bill. The
Mullingar, to the law officers of the Crown, for their
plea has been sent down by a special messenger to
consideration, as they are engaged on the special
commission which is now being holden there before
Baron. The plea is signed by no less than four coun-
the Chief Justice of the Common Pleas and the Chief
sel. The proceedings are not unlikely to prove very
similar on a small scale to the proceedings at the late
state trials.

ter a Queen's counsel, have been each tendered the
LAW CHANGES IN IRELAND.-Messrs. Warren
and Henn, the former a serjeant-at-law, and the late
office of Solicitor-General for Ireland, and each has
refused the distinction.

ADMISSION OF SOLICITORS.-The number of per

present term, as shewn by the list exhibited at West-
minster-hall, is 166. The number applying for ad-
mission pursuant to judges' orders is four; and the
number of applications for renewal of certificates on
the last day of term is 28,

Under the aforesaid order the committee have made the following Report:→→→

TO THE PARLIAMENT, &c. Your committee having entered on the inquiry directed to them, as to the means to be adopted "for promoting the legal education of the students,"-recommend that the steps to be taken by the Middle Temple should be such as are best adapted for the commencement of a sound and comprehensive legal education; for they have reason to hope that the plan, thus rightly begun, will be followed out and completed by the proceedings of the other societies; so that the institutions which will be finally established by the several Inns shall afford to the students collectively a mittee have also adverted to the acknowledged complete course of legal instruction. The comdeficiency which has long been felt to exist in the education of English lawyers, in consequence of and the civil law; although in all places where law their entire neglect of the study of jurisprudence has been or is taught as a science, these subjects have uniformly formed the first and one of the most are induced to recommend that the first step for essential parts of legal education. From these and many other reasons to the dike etter, the committer the promotion of legal

this house, should be the ducation to be taken by

on jurisprudence

appointment

a reader

would result to the legal education of the students
To illustrate
of the
committee,
from such an appointment, it may be well to ex-
plain the sense in which the committee use the
terms "civil
consequent expectation "Jurisprudence and their
of the province and duties

Dr. Nicholl, we hear, is about to relinquish the sons applying for admission as solicitors, &c. in the the benefits which the view office of Judge Advocate-General, the duties of which he has so satisfactorily discharged. His retirement is solely from private reasons, the Right Hon. Gentleman intending to go abroad for some time with his family, Mr. James Wortley, who succeeds him, is returned for Buteshire by the same influence (Lord) Bute's) that returned Dr. Nicholl for Cardin.

We understand that in the recent arbitration inquiry as to the sale of the Corporation land in Cheshire, the Solicitor-General's fee was 250 guineas with the brief, 300 guineas for coming down, and 100 guineas per day during the continuance of the arbitration.-Liverpool Mercury.

EXAMINATION OF ARTICLED CLERKS. This

and the Master of the Rolls has appointed Wed-
examination took place on Thursday, the zzna must.
nesday, the 28th inst. to swear in and admit the
candidates on the roll of solicitors. By a new ar-
rangement the examiners' certificates will be delivered
on the 24th, consequently there will be several days
law admissions.
to obtain the judges' fiats, and perfect the common-

PROCEEDINGS OF LAW

SOCIETIES.

MIDDLE TEMPLE.

At a Parliament holden this 16th day of January, 1846--

RAILWAY SHAREHOLDERS.-One of the most woluminous returns that probably ever issued from the Parliamentary printing-press made its appearance last week, in the form of a catalogue of upwards of 540 folio pages, consisting of an alphabetical and numerical list of the names of all persons in England, Ireland, and Scotland who subscribed towards the railways of last session less than 2,000l. The return is a curious collocation of the names, addresses, and amount of interest, of every invester in the lines before Parliament last session, to a less extent than 2,000l. It defies all notions of analysis, and is a sort Legal Education be approved of and confirmed. And It is ordered, That the Report of the Committee on of stupendous postscript to the return recently issued it is ordered, that a lecturer be appointed, an examiof all subscribers to railways beyond 2,000l. Irre- nation instituted, and two exhibitions established in spectively of the many thousands who hold largely in the manner and subject to the regulations recomestablished lines, the return includes upwards of mended by the said report. And it is ordered that it twenty thousand subscribers to the lines and branches be referred back to the committee to approve of such of last session alone, subscribing to the extent of further regulations and details as may be requisite 21,386,7037. 6s. 4d. Amongst the names are to be for the said several purposes, and to report the same recognised many of the leading nobility, the largest to the next parliament. And the committee are manufacturing firms, and names familiar to most hereby empowered to take such steps as shall be nepeople as connected with the commerce and litera-cessary to render public the wish of this society to ture of the country. The juxtaposition of names receive applications from gentlemen desirous of beand descriptions presents some remarkable contrasts; coming candidates for the office of lecturer.

of the lecturer.

to indicate general jurisprudence, as distinguished from the particular jurisprudence of any individual By the term "jurisprudence," the committee mean nation; and which, in further explanation of their meaning, they would divide into positive jurispru Idence, or the philosophy of positive law, and comparative jurisprudence, or the exhibition of the principles of positive law in an embodied form, by a comparison of the jurisprudence of modern nations. In the first, they would have the lecturer also include the important subject of the "interpretation of laws," and under the conflict of laws" latter head of comparative jurisprudence, the " may with propriety be comprised.

indicate what may be called "modern Roman law," By the term "civil law," the committee wish to that is to say, those portions of the civil law which being of an universal character, and applicable to the relations of modern society, have formed the basis of the jurisprudence of many continental nations, and entered so largely into our own.

the theory of the civil law may be most advanThe committee are of opinion that this study of tageously combined with the study of jurisprudence, and that the two united will furnish the best means of preparatory legal culture, and the formation of

the same columns presenting a combination of peers to communicate with the other societies on and also an enlarged and comprehensive legal mind.

At a Parliament holden on the 21st November, 1845, a Motion having been made by Master Bethell, of which the Notice was as follows, viz.

and printers, vicars and vice-admirals, spinsters and jects of this order.
half-pays, M.P.s and special pleaders, professors and
cotton-spinners, gentlemen's cooks and Q.C.s, at-
torneys' clerks, and college-scouts, waiters at Lloyd's,
relieving officers and excisemen, barristers and
butchers, Catholic priests and coachmen, editors
and engineers, dairymen and dyers, braziers, bankers,
beer-sellers, and butlers, domestic servants, foot-
men, and mail-guards, with a multitude of other
callings unrecorded in the Book of Trades.-Morn-
ing Chronicle.

WILL OF SIR GREGORY Lewin. -The late
Recorder of Doncaster, Sir Gregory Allnutt Lewin,
Int: barrister-at-law, of the Middle Temple, and of
Harley-street, Cavendish-square, had made his will

students of this house it is expedient that a lec-
That for promoting the legal education of the
turer be appointed for the purpose of reading on
jurisprudence and the civil law; and that two or
more Exhibitions be founded for the benefit of such
students as shall on examination previous to their
call to the bar shew the greatest proficiency in the
subjects of such lectures; and that such lectures be
open to the attendance of students of the other

In lecturing on this subject, the committee recommend that the lecturer should read with the class, first, the greater part of the Institutes, and then portions of the Pandects, accompanying that which is read with an exposition of the subject, tracing modern nations, and more especially in that of our the rules and principles in the jurisprudence of own country.

carried out, will be of the greatest advantage to The committee believe that this plan, if properly students in the commencement of their studies; and that the transition, which they desire should be constantly made, from the principles of the civil law to corresponding portions of English law,

dge of it by its practical working, and of those hose professional experience has rendered them ware of the confusion which crude changes in any ranch of the law may introduce into many branches, would supply the two great desiderata for safe practial law reform. With the number of the society's members its funds would increase, and, with the unds, its power to give publicity to the result of its abours. In the absence of any recognized constituional machinery to supply as they are wanted those daptations of old laws to altered circumstances, which the incessant change going on in society con tantly calls for, such an institution appears indispen. able. Nay, it may be doubted whether such an intitution-half voluntary, half supported, perhaps, by overnment—would not work better than a regular overnment board. The analogy of the Trinity House or watching over the interests of our commercial marine, as well as of the Royal Society, in various departments of theoretical and applied science, favours the idea. It is worth while to make an experiment. Hitherto the Society for Promoting the Amendment of the Law has taken no steps to court publicity: it has been more anxious to do than to Seem. Now, it appears desirable, that having with lender means accomplished some real reforms, it should invite the general public to increase its power; and if its appeal be favourably answered, ask of government to extend to it the same countenance and assistance which the Royal Society has received.

CORRESPONDENCE.

PRINCIPALS AND CLERKS.

TO THE EDITOR OF THE LAW TIMES.

SIR,-Observing in your last number an article designated "An Important Question," containing some correspondence and opinions as to the right of attorneys' clerks to appear before magistrates, and as it is a matter of some moment to the Profession, I

beg to forward you a copy of an opinion of Mr. Thomas Chitty on the subject, which is confirmatory of the decision of the Manchester Law Association. It would be an extreme hardship on a professional man and his client, to prevent a clerk attending to magisterial business in the unavoidable absence of his principal, particularly as it frequently happens that the clerk is more competent than his master to attend to magisterial business, from having made that department his especial study. How frequently do we see in the reports of cases before the London police magistrates, that parties are represented by clerks to the different legal firms.

suggesting to him questions and points in such a
manner as not to interrupt the Court and the due
hearing of the case. Any person, whether a profes-
sional man or not, would have this right of assisting
in the defence of the accused party referred to. The
law on the subject is fully collected in the case of
Collyer v. Hicks (2 B. & Ad. 663). I do not think
the late enactment of 6 & 7 Vict. c. 73, s. 2, has any
thing to do with the question, that is for the purpose
only of preventing parties acting as attorneys on their
own account, and not for preventing attorneys' clerks
acting for their principals.
"THOMAS CHITTY."

"King's Bench Walk, 4th Dec. 1843."

RAILWAY LIABILITIES.

TO THE EDITOR OF THE LAW TIMES.

SIR,-In October last I was prevailed upon to
sign a consent for my name to be placed on the pro-
visional committee of
Railway, and which
appeared amongst others in the list advertised in the
newspapers. afterwards had an apportionment of
shares offered me therein, which I declined to accept.
I never received any summons to, or attended any
meetings of this committee, nor did any act whatever
directly or indirectly relating thereto. To my asto-
nishment, I have recently received a printed circular,
threatening me with proceedings at law to recover a
sum of money stated to be due to Messrs.
for stationery furnished for the use of this railway.
To these parties I am an utter stranger, and alto-
gether unacquainted with the particulars of their de-
mand. Under these circumstances, I shall feel
obliged by being informed under what statute and
section an action at law can be maintained against
in case an action be commenced, if I should not (in
me individually for the recovery of this demand; also,
addition to the usual plea of denial of the debt) be
entitled to plead in abatement that this debt is due
from the executive committee, and others, jointly
This case assumes a general and dangerous
position, as in all probability upwards of 200 actions
may be commenced (if practicable) for the professed
recovery of this same debt, the number of names on

with me.

this provisional committee exceeding that quantity.

may be multiplied to a great and ruinous extent, com-
This is a question of importance, as these actions
prising the different items of account, and one on
obliged by your opinion, and that of your correspond-
which I have seen no comment; I shall therefore feel
ents, on this right of action, and of the best course of
defence which can be adopted in reference thereto.
I am, Sir, yours, &c.

B. B

been filed or registered, nor do I believe that any sub-
P.S.-The plans relating to this railway have not
scribers' agreement or Parliamentary contract bas
been signed; and possibly the executive committee,
from their connection with the creators, may arrange
to keep the weight off their own shoulders, by placing
it on the distant parties (when, in fact, they themselves
are privy to, and the actual contractors of, the debts),
if it be practicable to sue any individual member
named on the provisional committee.

JOINT STOCK COMPANIES ACT.
TO THE EDITOR OF THE LAW TIMES.

This of itself is a pretty strong indication of the magistrates' right to allow them to appear as an advocate, they not appearing on their own account, but on behalf of being subject to the punishment declared by the ot principals, and also of their not cond section of 6 & 7 Vict. c. 73. The passing of this Act was intended to remedy the inconvenience arising from the fact, that immediately after the Prisoners' Counsel Act came into operation, a class of low persons, consisting of discarded clerks and uncertificated attorneys, were in the habit of hanging about the police courts soliciting to be employed, and consenting to act on such low and degrading terms, that the respectable practitioner was completely excluded. To prevent this and other similar acts of SIR,-Observing in your two last numbers that there injustice, the above statute was passed; but it never is a probability of the Joint Stock Companies Acts of was-it never could have been-intended to prevent 7 & 8 Vict. being amended, I beg leave to call your atthe clerk appearing on behalf of his master, a certifi- tention to the 7&8 Vict. c. 111, and to point out a great cated attorney. Such an interpretation would be hiatus which ought to be removed. That Act does productive of the greatest injustice. The attorney not extend to constitute any adverse act of bank might be ill, he might be engaged in a distant place, ruptcy by a company which is not incorporated or and his client, because he is not allowed to avail him- privileged by letters patent, or completely registered self of the services of his clerk, oftentimes quite as under the provisions of the 7 & 8 Vict. c. 110. The efficient as the principal, is constrained to go to ano- former Act, therefore, excludes the great bulk of ther professional man, thereby unintentionally de- joint-stock companies, for very few indeed come priving his real legal adviser of that to which he is within the above definition. It is true that the first justly entitled. The resolution of the Manchester section comprises in words all the excluded compaLaw Association seems to be the common-sense in-nies, but sec. 7 only enables creditors to sue out a terpretation of the statute, and the following extract writ of summons against an incorporated company, from Mr. Chitty's opinion is totally opposed to that or a person duly authorized to be sued as nominal of Messrs. Brandt and Hulton. He says: "I do defendant on behalf of an associated company. Now not think that the late enactment of 6 & 7 Vict. there are few associated companies which have a c. 73, s. 2, has any thing to do with the question, person authorized to be sued as nominal defendant, that is for the purpose only of preventing parties act- and thence the difficulty of getting any remedy ing as attorneys on their own account, and not for preventing attorneys' clerks acting for their principals." As barristers themselves differ on this point, I hope that Mr. Hall may be induced to take the opinion of the Attorney or Solicitor-General on this important question, as by so doing he will confer an important boon on the Profession at large. I am, Sir, yours, &c. JOHN PHILLPotts.

Newport, 20th Jan. 1846.

Extract from Opinion of Mr. Thomas Chitty. "I think that the magistrates had a right (if they thought fit to exercise it, and which they did) to prevent the clerk from addressing the Court, or examining the witnesses, or in any other way acting as an advocate, but they had no right to prevent him otherwise assisting the defendant in his defence, by quietly

against such an insolvent company.
As this is an evil of great magnitude, 1 trust you
will use your influence towards providing a remedy.
I am, Sir, yours, &c.
J. H. Howard.
Cheltenham, 20th Jan. 1846.

TO THE EDITOR OF THE LAW TIMES.

SIR, My attention has been drawn to an article in your paper of Saturday last, headed "ADVERTISING ATTORNEYS," signed "A SOLICITOR," in which my name is improperly brought before the public in an unpleasant manner. I beg to inform your correspondent that he is labouring under a delusion, and that I am not in any way connected with the News of the World, and never, since its production,

have had any thing to do with that paper, profes.. sionally or otherwise. It is true, I am the son of the proprietor, and that is all; and never, during the eighteen years I have been in practice, obtained bu siness excepting in a legitimate and professional manner.

I must, therefore, request an insertion of the above in your next paper, and would advise "A SOLICI TOR" in future, before he causes insertions to be made in your valuable paper, to be better prepared with the FACTS of his subject. Expecting a flat contradiction, and a public and sufficient apology to be made, I am, Sir, yours, &c.

TO THE EDITOR OF THE LAW TIMES.

SIR,-As a subscriber to your valuable paper, I beg to use it for the purpose of drawing the attention of the Profession to an important point of etiquette in practice, between Mr. Roynan Mason, of this town, attorney-at-law (clerk to the magistrates of this dis trict), and myself; it arose as follows:

Being aware that Mr. Mason had, in many instan ces, accosted prosecutors (who had obtained magis. trates' certificates for attorney and counsel before they requested to be allowed to conduct the prosecutions on left his office, after the hearing of their cases), and their parts, I resolved on speaking to him on the subject the next time I found an instance of the kind with any of my clients; accordingly, a few days since, two cases being brought before my notice, I attended him at his office, and expostulated with him, when he admitted soliciting the parties, and stated that it was part of his duty as magistrates' clerk to ask every prosecutor to allow him to conduct the prosecution, and that he should continue to do so.

I hope that some of your numerous readers will devote a few minutes of their time to state their views on the subject. I am, Sir, yours, &c.

Newnham, January8th, 1846.

J. K. SMITH

SELECTIONS FROM CORRESPONDENCE.
subject of "Conveyancers and Notaries."
"C. H." Cornwall, thus addresses us on the

My letter to you of the 18th of October last, on the subject of “Eham Conveyancere," and their practices, with a proposition for their entire discomfiture, having met with the approbation of some of your corres pondents, I am again induced to communicate with you on another branch of the same subject. Now one of your leading articles, headed "Conveyancers,' in your journal of the 10th instant, so far as it goes, in my humble opinion, is well deserving the serious consideration of the profession at large, but it does not go sufficiently far to reach the root of the evil complained of.

As the law at present stands, any one who may have been duly articled to a notary public, and having subsequently obtained the Archbishop's faculty, to enable him to practise as a notary, may thenceforth draw deeds, and do every other act within the scope of an attorney's province, except practising in the Courts of Law and Equity, and this to the serious detriment of the heavily taxed attorney; for by the 44 Geo. 3, c. 98, s. 14, which imposes a penalty of 501. for each offence, upon any unqualified person drawing deeds, &c. contains an exception in favour of "Notaries," and under this exception, which was intended doubtless by the Legislature for the protection of the notary in the legitimate prac tice of his peculiar duties, many flagrant viola tions of the attorney's privileges are continually perpetrated. Now the articles of clerkship to an attorney are subject to a stamp duty of 1201. but the articles of clerkship to a notary require a stamp of 17. and if containing more than fifteen common law folios, then 11. 158.; if there be an apprentice fee or consideration paid, then, at most, an ad valorem stamp. Now I would ask, if these two bodies of men are equally eligible for carrying on the more desir able, and much the most lucrative, branch of the legal profession in common, why the one set of men should be so heavily taxed, whilst their professional opponents escape almost unnoticed? The notary is so thoroughly protected in the exercise of his peculiar functions, that no attorney, solicitor, or other individual, let him be ever so venturesome, will dare invade the notarial province, in the immediate locality of the notary; whilst the unprotected, and, I may say, friendless attorney, is at the entire mercy of every knight of the hammer and discarded clerk. Now I would appeal to the whole body of attorneysTM

[JAN. 24.

and solicitors generally, through your columns, and
inquire whether they, after having contributed to the
revenue a much greater amount than all the other
professions and trades put together-and after having
taken on themselves the privileges of practising as
attorneys and solicitors, at so much cost, and with
a very great responsibility hanging over their heads
I say I would ask whether they are content to stand
by and tamely submit to see their rights invaded,
and their peculiar privileges wrenched from them,
by individuals practising under the protection afforded
by the exception mentioned in the statute above al-
luded to, as "notaries," who rarely, and I may safely
affirm never, do any notarial act, properly so called,
but who merely use the name of "notary" as a cloak
for their malpractices? Should any thing yet be
wanting to arouse the Profession to prompt action,
after the numerous exposures which have lately ap-
peared in your journal, I think the following case must
have the desired effect. An individual who has been
admitted as a notary, and is in practice here (without
his annual certificate, by the bye), has dubbed himself
conveyancer." This party has succeeded in ousting
a most respectable firm from the management of the
defendant's case in a very important Chancery suit,
and has since had the management thereof in reality! E. C. thus comments on the subject of "Insol-
himself, although ostensibly the defendant's solicitor vent-opposition-No-Cure-no-Pay-and 'all sorts'
is a gentleman in practice in town. This " convey- of Societies."
ancer," since ousting the firm, has cut out more work
for himself, by advising his dupes not to pay their
late solicitors bill, which tends of course to bring
more grist to his mill. Such proceedings require no
comment from me to shew the urgent necessity which
exists for a general combination of the Profession, to
ensure punishment to such evil-doers as the above,
and at the same time ample protection to the regular
practitioner.

should be put an end to (say, by means of one or other
"The thing prohibited is acting as an attorney,
of our legal societies) is also conceded; but nothing and the words as an attorney' must receive the sale
is done to sweep the Augean stable; surely the "M. construction throughout the section; and if a clerk
& P. Legal Association" is a sufficient Hercules.
who, by his master's authority, attends petty sessions
It is, however, just now, on a practical question in the way above suggested, is acting as an attor
arising from the fact that these poachers are suffered ney,' he is also acting as an attorney' when he
to molest us, that I desire your advice. How is an attends the offices of the courts to sue out process in
attorney to act, having respect to his own character, his master's name, &c.
and the etiquette of his Profession, on coming in
"The expression as an attorney' occurs in the
contact with one of these master clerks? Can he prohibitory clause of the old statute (22 Geo. 2 c. 45,
treat with him on any, and if any, on what terms? or s. 11), and in the cases on that enactment the question
must he abandon his client to some less scrupulous has always been whether the unqualified person took
attorney, or to the tender mercies of his opponent and any part in the profits; if he did not, the case was not
his "legal adviser ?" For instance, a claim is made within the statute. (See Re King, 1 A. & E. 560,
on a client by a proxy of this class, resident here, Re Palmer, 2 A. & E. 686.) I think that the miset
signing his name with a "for Mr. "who prac- prohibited by sec. 2 of the present statute, is that of
tises at a non-attending distance; if the man (such an unqualified person acting as an attorney in his own
as he is) were but even a "gentleman" by Act of name, or for his own profit, colourably in the name of
Parliament, I would call upon him; but as it is, I another person who is qualified, and that the prohi
neither relish an interview, nor think it proper to bition does not extend to an attorney's clerk bona fide
seek one; and, from experience, I know the effect of attending for his master, and not himself having any
writing to the real or pretended principal-I ask, then, share in the profits; that is in law the attendance of
how should I or others act on this and similar oc- the master. So far as the permission of such an
casions?
attendance is a matter of discretion and courtesy on
the part of the justices, the spirit of recent legislation
seems to require such discretion and courtesy to he
exercised liberally. The interests of the public re
quire the justices to be invested with very large
powers as to the persons who practise before them,
but there can be no doubt about the propriety of per
mitting the attendance of all respectable practitioners
attending bona fide for their employers.""

Should my observations meet your approval, I will shortly point your attention to other abuses of serious magnitude, which are carried on by an entirely dif-accountant" is sent to obtain the names and adferent class of men.

W. L. H. (Cheltenham) throws out a suggestion of some importance.

However plausible and specious letters of explanation may appear in your columns (and which in my opinion are good advertisements saved), there can be no mistake as to the real and true intent of many of the would-be moral and patriotic legal societies which are springing up in every quarter under the direction and superintendence of some artful attorney "in the distance." As to one society in particular, I am informed that when a schedule is filed in the Court of Bankruptcy, a clerk, or "a gent," or dresses of all the creditors who appear upon the sche dule, and immediately circulars are posted off to each of the creditors in question, soliciting their guinea for a legal opposition of the insolvent by the solicitor of the society. Now I say this is a sneaking, underhand system to obtain legal business, and any thing but fair, honest, or professional. What right has any society to canvas my client for legal business? If my client wants legal assistance, he will of course apply to me, who have been his solicitor and legal adviser for years; and no society has a right, morally or otherwise, to intrude itself and rob me of a client by a sneaking, hypocritical, private solicitation, under the mask of some high-sounding name and pretence. I, for one, think that the Profession, to a man, ought to scout and oppose such a system, and all connected with it, and form a society to counteract this unjust and infamous attempt to take away our private busi ness by these voluntary cheap societies, and speculators and adventurers; and send out periodical circulars, and advertise in all the local papers, warning the community to beware of these quack got up' societies-quack lawyers-advertizing legal agents -accountants, cum multis aliis, and also offering re"A Member of one of the Inns of Court" pre-viction of any party practising in contravention of the wards of 201. or more or less, to be paid on the con. fers this touching complaint :44 Geo. 3, c. 98, s. 14, and 6 & 7 Vict. c. 73.

The Act of last session, "to Amend the Law of Real Property," has made corporeal as well as incorporeal hereditaments to be in grant, the old law for a year stamp being retained. Now, suppose a case where a small property is wished to be conveyed by appointment merely, but at the same time it is desired to grant a right of road (a case of frequent occurrence here), and the technical word "grant" is used in conjunction with the words "direct, limit, and appoint," will that word be held to apply to the lands, &c. passing by the appointment, and thereby make the deed liable to the law for a year stamp; or would the words be so marshalled as to make the grant apply merely to the incorporeal property intended to be passed, and the deed be received in evidence? The matter may, think, admit of some doubt, and is, it seems to me, of sufficient practical importance to be brought before the notice of your readers.

I observed your article upon conveyancers in your journal. I quite agree to the propriety of an examination of the future members of the Inns of Court, not only as conveyancers, but as barristers; but at the same time I cannot but think the present etiquette of the Profession highly inconvenient. For instance, I have been a member of one of the Inns of Court for about a dozen years; there are many in the same situation as I am, who are or may soon become tired of waiting for a good professional income at the bar, and to whom it would be more convenient, from pecu. niary circumstances, to become solicitors. Cannot

46

I need not say one word upon the enormous sums which are annually "nibbled" from the Profession, privately, by accountants and others, in the shape of agreements, bills of sale, &c. ; but now we see public societies open upon us to "hawk" about the law, as it were, and the concoctors writing to our private clients and connections with impunity.

Surely, it is time to be up and stirring, and to exert every right and privilege we possess.

"J. M. B." whose name we have as an authority,

forwards to us the following opinion on "Clerks as
Advocates:"-

THE LAW TIMES.

SATURDAY, JANUARY 24, 1846,

THE BENCHERS OF THE MIDDLE TEMPLE.-LEGAL EDUCATION. Ir is with more than ordinary pleasure that we direct the attention of the readers of the LAW TIMES to a very interesting and important document, which appears in its proper place, announcing the adoption by the Benchers of the Middle Temple of measures for the advancement of the legal education of students, together with the admirable Report of the committee on which this resolution is based.

This document was received too late in the week to permit the notice its great importance will claim; it is only by an effort that we are enabled to present it to the Profession entire; but the interact it will excite will reward the trouble. Next week its propositions will be considered with the respect and care to which the source whence they have emanated entitles

them.

PRACTISING CLERKS. HAVING given to the question raised list week relative to the right as well as the expediency of clerks to attorneys appearing for their principals as advocates in the Magi trates' Courts, we are bound to say, that, on the point of law we coincide with the Mi chester Law Society, and on the point of expediency we differ.

The learned counsel, whose opinion on the physicians easily become surgeons, and practise as other side was also given, appear to us to have such, if they find it not expedient to continue in the highest grade? Again, cannot a surgeon fully comfallen into a mistake, by no means uncommon petent, without any great delay, get his diploma and under the title of An Important Question," the large a definition of the term "attorney a In your paper of the 17th instant is contained, with members of the Bar, namely, that of too become a physician? Why, therefore, should not we opinion of the Manchester Law Association in favour of the profession of the law have similar liberty, if of, and the joint opinion of Robert Brandt and W. A. considering that all the business which circumreasons, to take quick measures to transform our-clerks as advocates before justices in petty sessions. competent to ascend; or if desirable, from pecuniary Hulton, esqrs. against, the admission of articled/stances have thrown into the hands of the atselves from conveyancers or barristers into solicitors, torneys is transacted by them in the character undergoing in the common law and other departments clerk, whose object it is to gain a practical as well as the "attorney," properly As the question is of importance to the articled of "attorney." Now, in truth, the practice of the same examination as they do? so called, is very theoretical knowledge of his profession, I shall feel limited indeed. It is almost confined is for obliged by your inserting the following observations; acting for others in and about suits at lawyer. aivehypem a case submitted to him upon the question something relating thereto. Now the Attor neys and Solicitors Act, prohibiting unquali It appears to me that the first part of the opinion fied parties from acting as attorneys, would, of Mr. Brandt and Mr. Hulton is not inconsistent we think, be construed to mean attorneys, in with the opinion of the Manchester Law Association, the legal, and not in the popular sense of that much tenance is not prohibited by the provisions of statute, and if so, a practice as advocate in matter of right, and in the latter it is affirmed that term, especially as it is a restrictive and peral the recent statute. Magistrates' Courts would not fall within the I apprehend the question to be, does the recent statute (see sec. 2) prohibit the attendance of a clerk prohibition of the statute. who, by his to defend in master's authority, attends petty sessions

If your remarks should be the cause of bringing about a change, which certainly would be satisfactory, nay, pleasing, to many junior barristers and respect.

able conveyancers (for there are many such), you will have done a service to the Profession.

64 "ONE, &c." thus addresses the Profession on the subject of " Practising Clerks :"→

Upon the unprincipled and unprofessional practice

of sponging for clients, by means of uneducated and
uncertificated clerks, posted at distances where the
attorney cannot, or does not, attend in person, I
with others of
marked. That it is a gross fraud, and a great aui-

now raised.

as, in the former, the attendance is negatived as a

resance, is admitted by all honourable men; that it and on his master's sole account?

The law relating to the right of parties not settled in the case of Collier v. Hicks (B.