324

Review: Merrifield's Burgess's Manual.-Law of Attorneys and Solicitors.

NOTICES OF NEW BOOKS.

The Burgess's Manual a Practical Exposition of the Constitution of Corporate Towns, as regulated by the various Municipal Corporation Acts, comprising the Provisions relating to the Municipal Elections, the Officers of the Corporation, the Town Council, the general government and improvement of, and the Administration of Justice in, Boroughs, and the grant of Charters of Incorporation to Non-corporate Towns. By FREDERIC MERRIFIELD, Esq., of the Middle Temple, Barrister-at-Law. London, V. and R. Stevens and G. S. Norton. 1854. Pp. 200, xvii.

MR. MERRIFIELD'S Manual supplies a clear and accurate guide for the burgesses of municipal corporations, collected from numerous Acts of Parliament, relating to the constitution of such corporations, their officers and members, their powers and duties.

prepared by them to the town clerk, and to keep copies for inspection until 15th of September."

Sept. 8th.-Town clerk to fix copy of burgess

lists on the door of the town hall-there

to remain one week.

Sept. 15th.-Notices of claims and objections to be delivered on or before this day. Sept. 23rd.-Lists of claims and objections to

be fixed on the door of the town hallthere to remain until the 30th of September (inclusive). Oct. 1st.-Court of revision to be held between this day and the 15th of October (both inclusive)-three days previous notice having been fixed on the door of the town hail.

Oct. 22nd.-Burgess roll to be completed by this day.

Nov. 1st. The day on which the new burgess roll comes in force-Elections of councillors.

Nov. 9th.-Meeting of council at noon-Elections of mayor, sheriff (if any), and alder

men.

LAW OF ATTORNEYS AND SOLI-
CITORS.

ORDER

OF COURSE TO CHANGE SOLICITOR, WHERE SPECIAL CIRCUMSTANCES.

The 1st part of the work treats of the several members and officers of corporations, with the several provisions of the Statutes relating to their qualification, election, &c. The 2nd part relates to the government and internal economy of corporations, and the 3rd comprises the reserved | rights of freemen, temporary and special had entered into a contract with N. to emprovisions, and the grant of charters of incorporation.

The following Table of days fixed for the performance of various municipal duties in each year, will be useful to our readers. "Feb. 1st.-Coroner's return of inquests for

the year ending 31st December preceding, to be transmitted to Secretary of State. Council to transmit a statement of the bo

rough revenues and expenditure, made up to the last period of audit, to the Secretary of State, before the 1st of March. Mar. 1st.-Appointment of mayor's auditor, and elections of elective auditors and as

sessors.

Borough accounts to be made up for the half year ending 1st March, and audited in the month of March. Aug. 31st.-The period selected for the termination of the period of occupation required by the Act. All rates (except what have become payable within the preceding six months) to be paid on or before this day. Receipt of charitable allowance within 12 months before this date, a disqualification. Sept. 1st.-Borough accounts to be made for the half year ending 1st of March, and audited in the month of September. Sept. 5th.-Overseers to deliver burgess lists

up

It appeared that the plaintiff's solicitor

ploy him as their town agent for a term of 15 years, but that being dissatisfied with his mode of conducting the present suit, they obtained an order of course to appoint another solicitor in his place as solicitor on the record.

It

On a motion by N. to discharge this order, the Master of the Rolls said,"The questions are, first, whether, upon an application for an order to change a solicitor on the record, anything special can arise; and if so, secondly, whether there was any circumstance in this case which ought to have been communicated to the officer. and unconditional, nothing special can arise is alleged that, as such an order is absolute upon it. I do not concur in that view of the case. There are many cases in which the circumstances might be such as to disentitle a party to an order of course to change his solicitor. Suppose an executor were directed by his testator to continue to could not be a matter of course to obtain employ a particular solicitor in a suit, it an order to discharge him. The fact, at all events, ought to be mentioned specially.

I do not see why the observations of Lord Langdale in De Feuchères v. Dawes, 11

Law of Costs.-Points in Equity Practice.-Incorporated Law Society.

'325

ming, ib. 537, and Lake v. Currie, 2 ib. 536, we have asked the Lord Chancellor to hear, but not after judgment was pronounced." Blann v. Bell, 2 De G. M'N, & G. 775.

Beav. 46, should not be applicable to every it amounts to an affirmance, and Lord Crancase of an order of course, and why, if any worth, L. J., added, "We have never sancmaterial fact is suppressed or not mentioned a rehearing before the full Court of any tioned, the party applying for the order of case in which we have given judgment. One course should not, in all cases, be disen- or two cases of difficulty, as Stanton's case, 1 titled to retain it. The question is, whether De G. M'N. & G. 214, the case of Mrs. Cumsuch a state of things exists here? There may be a contract, which disentitles the solicitor to discharge his agent, but no contract between the solicitor and his agent can prevent the client from the exercise of his undoubted right to discharge his solicitor. This, however, is not that case. This ap- EFFECT OF DISMISSING BILL WHERE NEW plication does not emanate from the client, but from the solicitor himself, between whom and his town agent a contract had been entered into, as to the effect of which I give no opinion, but which, if mentioned, the officer might have said a special application is necessary.'

*

*

*

*

"I am of opinion that the fact of the existence of a special contract between the solicitor and his town agent ought to have been stated to the officer, when the order to change the solicitor was applied for. In the absence of any expression of a desire, on the part of the client, to change the town agent, and without expressing any opinion as to his right to do so, or whether he would be bound by such an agreement as is stated to exist in this case, I must discharge the order as irregular, with costs.' Richards v. Scarborough Market Company, 17 Beav. 83.

LAW OF COSTS.

WHERE APPELLANT SUCCESSFUL.

Quære, if there is any such rule as that a successful appellant shall in no case have his costs of the appeal from his opponent? Martin v. Pycroft, 2 De G. M'N. & G. 785.

CIRCUMSTANCES ARISE.

The dismissal of a bill in no respect prejudices plaintiffs, nor prevents them from filing any new bill for the same purpose, founded on any new or altered state of circumstances.

Mayor, &c., of Liverpool v. Chorley Waterworks Company, 2 De G. M'N. & G. 852. PAYMENT OF MONEY INTO COURT IN AB

SENCE OF INTERESTED PARTIES.

Held, that an order may be made for the payment of money into Court, although all the persons interested were not before it.

Wilton v. Hill, 2 De G. M'N. & G. 807.

INCORPORATED LAW SOCIETY.

ANNUAL REPORT OF THE COUNCIL.

[Concluded from p. 309.]

June 27, 1854. IV. ADMINISTRATION OF OATHS IN

LONDON.

The Council have for several years made various attempts to procure Commissions authorising attorneys and solicitors in London to administer oaths in the same manner as their brethren in the country are empowered to do. Last Session this object was effected in the Court of Chancery.

On the passing of the Act empowering the

ON MARRIAGE OF WARD OF COURT WITH- Lord Chancellor to issue Commissions, the

OUT LEAVE.

Upon the marriage of a ward of Court without leave, and the marriage being found valid, the party in contempt will not be discharged upon executing the settlement, unless on payment of the costs. Field v. Brown, 17 Beav.

146.

POINTS IN EQUITY PRACTICE.

REHEARING OF APPEAL BEFORE FULL
COURT.

WHERE, after fully hearing an appeal, the
Lords Justices differ and pronounce judgment,

Council solicited an interview with the Lord be made by his Lordship, and particularly with Chancellor as to the necessity of regulations to reference to the testimonials and qualifications of the parties applying to become Commissioners. His Lordship adopted most of the suggestions of the Council, and the regulations were issued and transmitted to the members.

Some important questions have been raised before the Lord Chancellor as to the power of the Commissioners to administer oaths at the residence of the deponent or other place not the place of business or usual residence of the Commissioner, and the Lord Chancellor has decided that the authority of the Commissioner is not limited to his usual place of bu

326

Incorporated Law Society-Annual Report of the Council.

siness. The Commission is granted to solicitors practising within 10 miles of Lincoln's Inn Hall; but it is undecided, and the question has not arisen, whether the oath may not be administered anywhere beyond that circuit. The safe course would be, within the clear intention of the Legislature, to confine the exercise of the power to the boundary expressed in the Statute. The Act fixes the fee of 1s. 6d. for the oath. In the country a further fee of 2s. 6d. is allowed on each exhibit; but the former fee on exhibits paid at the Affidavit Office having been abolished, it is understood that the Taxing Masters will not allow any fee in London for exhibits, as the affidavit can be sworn at the Record Office without any charge beyond the 1s. 6d. paid by means of stamp. At present, therefore, the Council recommend that no charge be made for marking exhibits,

however numerous.'

1

the suitors in regard to many of the fees in the
early proceedings in an action, the Judges in-
formed the Council, that, as soon
as the
amount could be ascertained, the Lords of the
Treasury, in the event of a surplus, would
revise the scale of fees. It was therefore
earnestly trusted that their lordships would
take the subject into consideration, and afford
such relief as might seem meet.2,

VI. USAGES OF THE PROFESSION.
In the course of the past year, numerous
questions have been brought before the Coun-
cil relating to the usual practice of solicitors in
conveyancing business. Some of these de-
pended on peculiar circumstances, not within
the range of ordinary practice, and which the
Council, at the request of the respective solici-
tors, decided, and thus in some instances they
prevented unpleasant disputes and expensive
applications to the Court.

The law and practice in the Court of Chancery as to administering oaths having been VII. COMPLAINTS OF MALPRACTICE AND · thus settled, the Council renewed their appli- ENCROACHMENTS ON THE PROFESSION.. cation to the Common Law Judges for the The Council regret to say that, during the grant of similar powers. Their former application having been postponed for further con- past year, they have had to investigate numesideration on account of the loss to the Trea-rous complaints against attorneys in practice; sury of the fees on swearing affidavits at the objections to attorneys applying to be readmitted, or to renew their certificates ;-and Judges' Chambers, the Council submitted that more than 12 months having elapsed since the against unqualified persons assuming to act as Lords of the Treasury, with the assent of the attorneys, or using the names of attorneys withJudges, had fixed a scale of fees in many reout their authority. In one case a reference by the Court to the Master is still pending for spects higher than the previous fees, and created new fees though some fees had been abo-charging in a bill and an affidavit of increase, lished or reduced, the Council submitted that the new scale of fees had produced a larger sum than necessary to defray the expenses of the Court, and consequently the loss of fees on the administration of oaths would not be material, and it was hoped, indeed, that many other fees might also be reduced or abolished.

V. FEES IN THE COMMON LAW COURTS
AND OFFICES.

The Council also addressed the Lords Commissioners of her Majesty's Treasury, stating that the alterations effected by the Common Law Procedure Act, 1852, were, as the Council respectfully submitted, intended to relieve the suitors from a large part of the expense previously incurred in the proceedings in the Common Law Court; but representing that although their Lordships were pleased to reduce the fees on trials at Nisi Prius and to abolish others, the fees in the various stages

of an action before trial were in several respects increased, and new fees created. The Council, therefore, submitted that more than a year having elapsed since the new scale of fees was established, it would be found that the amount of such fees was greater than necessary for the expenditure. The Council also stated that, on a representation made to several of the Judges of the hardship suffered by

The Council intend, at the proper opportunity, to suggest that 1s. should be allowed on each exhibit. 10 190

larger payments to several witnesses than were has been struck off the Roll, having been conactually made. In another case the attorney victed of obtaining money under the false pretence of the institution of legal proceedings which had never taken place; and in a third case a rule nisi is still pending. The Council and their Committees have considered the affidavits and documents in several instances in support of alleged malpractice; but the evidence in which was deemed insufficient to support an application to the Court.

They have also instituted inquiries into many cases of alleged encroachment on the practice of solicitors by unqualified persons, who appear in County Court business and in conveyancing matters, and have taken such steps as appeared necessary.

In one of these cases in Staffordshire the magistrates committed the pretended attorney for trial on the charge of obtaining money under false pretences.

A complaint was made by the Middlesex magistrates against an attorney, who, without any authority, had, by his clerk, intruded his services into a prosecution, in order to obtain the costs of instructing counsel and appearing on the prosecution out of the county rates. In

Incorporated Law Society-Annual Report of the Council.

deference to the magistrates, the motion was The Counsel considered it to be their duty" made; but the Court declined granting a rule that this material information should be given nisi to strike the attorney off the Roll, on the to the Court, and they therefore instructed ground that, however objectionable might be counsel to appear on the petition, and to subthe practice complained of, it was not of such mit that the case having been twice fully heard a character as to merit the severe intervention before the Court of Queen's Bench, and deof the Court. If any other case should occur cided against Mr. Barber, the application, if in which additional circumstances of culpa- there were any new or sufficient grounds, bility or fraud in obtaining actual payment from the county treasurer, the Council may feel justified in repeating the application.

The Council have under their consideration several suggestions for carrying this desirable The Council have received information that object into effect: they are of opinion the ala London attorney had issued a new and re-teration ought not to extend to articled clerks duced scale of agency charges, and solicited now serving under their respective contracts, attorneys in the country to employ him. It but be applicable only to persons who mays does not appear that any effectual steps can be propose to be articled after the change has taken to prevent this dishonourable practice; been sanctioned by the Judges, and, if neces and the person complained of not being a sary, by the Legislature. The regulations for member of the Society, it is not in the the efficient operation of the suggested im of the Council to in interfere.. provement will obviously require much care and consideration. VIII. RENEWAL OF THE CERTIFICATES OF * NATTORNEYSIDE 10:

Incorporated Law Society—Annual Report of the Council.

pealed against the decision of the Examiners; | time should be printed and circulated for the but after two hearings before the three Judges, information and use of the members. During the appeal was dismissed, and the decision of the last 12 months the following Rules and the Examiners confirmed. Orders have been accordingly printed and sent to the members of the Society :-3

In Chancery these Orders relate, 1st, to the Setting Down of Causes, Proceedings before the Equity Judges at Chambers, and the Taxation of Conveyancing Costs; the Payment of In the last Session of Parliament a petition Legacy Duty on Funds in Court; the Recitals was presented to the House of Commons on in drawing up Decrees or Orders; the Assents behalf of this Society, praying that the House of Parties relating to South Sea and Bank would take into its early consideration the de- Annuities; the Investment of Dividends and fective and insufficient state of the Court rooms Accumulations; Motions for Decrees at the of the Superior Courts of Law and Equity ad- Rolls; Times of Attendance at the Accountjoining Westminster Hall, with a view to the ant-General's Office; Proceedings at Chamadoption of such measures as might seem meet | bers before the Vacation Judge; Appeals befor the erection of new buildings for the accom-fore the Lords Justices; Commissions to modation of the Judges, the Bar, the Suitors Administer Oaths in Chancery; Legacy and and their Solicitors, and generally for the more Succession Duty; Practice at the Judges' convenient administration of Justice. Chambers; Office Copies; Production of Documents; and the Taxation of Costs. 2nd. Proceedings in Lunacy.