288 Provincial Law Societies' Association.-Manchester Law Association. in the month of April, "The Metropolitan and Mr. John Hope Shaw was elected president of Provincial Law Association" was formed as the association for the ensuing year; Mr. H. H. the fruit of this meeting. The association thus Statham, of Liverpool, and Mr. George Thorley, formed, has since been conducted by a com mittee of management then appointed, on such of Manchester, vice-presidents; and Mr. R. M. principles, and seeking the accomplishment of Whitlow, and Mr. T. Taylor, both of Mansuch objects, as must commend it to the coun-chester, were re-elected treasurer and honorary tenance and support of every solicitor in the secretary. kingdom who seeks either the interests of his clients by the more effective and economical administration of justice, or the protection of his own just rights. MANCHESTER LAW ASSOCIATION. "In the course of a few weeks after the THIS Society held its ninth annual meeting formation of the association, the committee of in its rooms, at three o'clock; Mr. John Barmanagement prepared and published an address presided. to their profesional brethren, as able as it was low, of the firm of Messrs. Barlow and Astons, lucid, in which they directed attention to the present character and condition of the profes- Mr. T. Taylor, the honorary secretary, read sion, their exclusion from offices of honourable the following report: distinction and from the Inns of Court, the in vasion of their rights to act as advocates, and "Your committee have great pleasure in prein other capacities strictly and properly within senting to the members, at their annual meetthe sphere of their duties; the unjust and un- ing, a short epitome of their duties during their equal taxation exclusively imposed upon them; period of office. The society still continues to and to other facts which seriously affect their increase in number; twelve new members have position and tend to lower it in the opinion of been elected during the year, and there are the public. They also directed the attention of several candidates for admission now on the the profession to the importance of securing books. One member has withdrawn from the improvements in legal education, and in attain- society, and the names of two others have ments in general literature, on the part of the been struck off for non-payment of their subcandidate, as a means of raising the intellectual scriptions. character and legal efficiency of the whole body, "Few measures of any material importance and thus affording an additional guarantee for to the profession were introduced into parliatheir standing and their claims upon public ment during the last session. The bankruptcy confidence. bills brought into the House of Lords by "Your committee cordially concur in these the Lord Chancellor and Lord Brougham, are views and objects, and would suggest to their the only measures requiring any particular nosuccessors in office the importance of continu- tice. These bills, after a careful consideration, ing their countenance and aid to an association your committee thought did not promise such actuated by such motives, and seeking to ac- a reform of the bankruptcy law as appeared complish such ends, and which now comprises likely to be acceptable or useful to the commera large and influential body of the profession, cial community, and they were accordingly reboth in the metropolis and the country; and ferred to a sub-committee, with a request that that they so endeavour to bring into one bond of union every respectable solicitor in the kingdom, and to concentrate and render available the power and influence which all persons admit solicitors as a body possess, as to support and maintain their just rights and privileges, and the high position which the profession are entitled to assert. "Your committee feel high satisfaction in communicating the information they are thus enabled to give; and as the association thus formed is the result of efforts originating with this society, they look forward with much confidence to its extension, as well as to the formation of new provincial societies in distant parts of the kingdom, to aid in carrying to a successful termination objects of so much importance to the profession and the public. They have, in conclusion, to state, that cases submitted to them from certain of the societies in connection with this association, have received their best attention and consideration." This very satisfactory report was adopted, and the accounts having been read and passed, they would communicate with the Manchester Chamber of Commerce and Commercial Association on the subject. Your committee have great pleasure in stating that both those bodies, after having been waited upon by the sub-committee, at once agreed to co-operate with this society in endeavouring to place the law of bankruptcy and insolvency upon a satisfactory footing. The bills were withdrawn, and have not yet been introduced into the present parliament; but as the necessity for a material alteration in the law is too pressing to be long de layed, your committee beg to call the earnest attention of their successors in office to this subject, and to suggest the great importance of co-operations with the commercial community, through the medium of their societies. “Several cases have been forwarded to your committee for their decision, not only from the members but from other societies. The most important of these will be added as an appendix to this report. Your committee beg to call particular attention to the opinion of Mr. Hedge on the stamping of feoffments, which is This report was unanimously adopted-the Mr. Joseph Grave was elected president; accounts were read, and passed, as audited. Messrs. J. F. Beever, and C. Gibson, townclerk of Salford, vice-presidents for the ensuing year; and Mr. R. M. Whitlow, and Mr. Thomas Taylor, were re-elected treasurer and honorary secretary. Manchester Law Association.-Order of Master of the Rolls appointing Examiners. 289 given at length in the appendix. The amend-which the public interests require that he ment of the present law of mortmain has re- should occupy." ceived the consideration of your committee. Your committee having ascertained that the Secretary of State for the Home Department was willing to receive suggestions from this association for an amendment of the law of mortmain, and having obtained an assurance from him that such suggestions should receive his best consideration, a sub-committee consisting of gentlemen who have paid especial attention to that law, applied themselves diligently to the object of devising a scheme for reformning the present law and practice of mortmain and charitable uses, which, whilst it should not do violence to the religious or political feelings of any persons or party, would effectually remove that incon venience and inquietude of title which are known to lawyers to spring from the present law, and have sent to Sir George Grey a statement of their views, which has been cour teously acknowledged. By the course which your committee have taken on this subject, they have justified and borne out the credit which the association has always taken to itself, of being ready to procure or support such sound alterations of the law as will be practically beneficial to the public. ORDER OF THE MASTER OF THE January 11, 1848. WHEREAS, by an order made by the Right Honourable the Master of the Rolls, on the 13th day of February, 1844, it was, amongst other things, ordered that every person who has not previously been admitted an attorney of the Court of Queen's Bench, Common Pleas, and Exchequer, or one of them, should, before he be admitted to take the oath required by the statute 6 & 7 Vict. c. 73, to be taken by persons applying to act as solicitors of the High Court of Chancery, undergo an examina"Your committee, during the past year, have tion touching his fitness and capacity to act as found it necessary to call the attention of the a solicitor of the said Court of Chancery: and secretary of the Incorporated Law Society, and that twelve solicitors of the same court, to be the Solicitor to the Stamps and Taxes, to seve-appointed by the said Master of the Rolls in ral parties in this town and neighbourhood each year, be examiners for the purpose of practising without certificate, considering it to examining and inquiring, touching the fitness be their duty not to allow any advantage to be taken on those members of the profession who obey the law, however unjust the law may be. "Your committee have also felt called upon to oppose the renewal of a certificate in one instance. They furnished the Incorporated Society with affidavits, setting forth the grounds of opposition, and that society instructed counsel to oppose the application; the party alluded to declined going into the inquiry, and at once withdrew his name. "Your committee cannot conclude their report without calling the attention of the members generally to the able and important addresses issued by the Metropolitan and Provincial Law Society. To that society, forming as it does a bond of union of attorneys and solicitors, both in town and country, the profession may confidently look for that protection of their legitimate rights and privileges which has been so long and anxiously required. To that society, if it meets with that cordial support which it so richly deserves, and which it has so far experienced, we may safely trust our honest claims, feeling assured that, both in parliament and in the press, those claims will receive a careful and impartial consideration; and to use the language of one of the addresses, "That the day is not far distant when the tone of public feeling towards the profession will be changed, and the character and station of the solicitor placed upon that honourable eminence to which not only is he justly entitled, but and capacity of every such applicant for admission as a solicitor: and that any five of the said examiners shall be competent to conduct the examination of such applicant. Now, in furtherance of the said order, the Right Honourable the Master of the Rolls is hereby pleased to order and appoint that Keith Barnes, Robert Riddell Bayley, Thomas Clarke, George Herbert Kinderley, Edward Lawford, Thomas Metcalfe, Edward Leigh Pemberton, Edward Rowland Pickering, John Innes Pocock, John James Joseph Sudlow, Robert Whitmore, and Thomas Wing, solicitors, be examiners until the 31st December, 1848, to examine every person (not having been previously admitted an attorney of the Court of Queen's Bench, Common Pleas, and Exchequer, or one of them,) who shall apply to be admitted a solicitor of the said Court of Chancery, touching his fitness and capacity to act as a solicitor of the said court. And the Master of the Rolls doth direct that the said examiners shall conduct the examination of every such applicant, as aforesaid, in the manner and to the extent pointed out by the said order of the 13th day of January, 1844, and the regulations approved by his lordship in reference thereto, and in no other manner and to no further extent. (Signed.) LANGDALE. Masters, the following gentlemen are added to [In the Common Law Rule, besides the the above 12 Examiners:-John Coverdale, Germain Lavie, Robert Wheatley Lumley, and 290 New Rules.-Examination and Admission of Solicitors.-Renewal of Certificates. Charles Ranken. The examination usually The candidates have the first seven days of takes place under a common law application, and 16 Examiners are appointed, being four for each Term.] term to leave their papers, and consequently, allowing time to investigate the testimonials, the examination cannot take place till the latter part of the term. In order to give as much time as possible for NEW RULES IN THE COURT OF EX- swearing-in the candidates in the common law CHEQUER. We received a copy of this rule only last week after the number was made up, and therefore placed it on the cover,-where it will be convenient to state such information as may arrive too late for insertion in its regular place in the work. A Correspondent wishes the profession to know, that when they, in a laudable anxiety to save their clients' pockets, by avoiding the unnecessary attendance of witnesses, and their cause is not likely to come on, agree to make their case a remanet, the effect will be to tumble their cause headlong to the bottom of the list. Nothing saved a cause of his from such a fate, but a lucky discovery that he made in the evening before the date of the rule. So "after argument" the cause was re-inserted in the place from which it had been struck out. Gray's Inn. A. H. M. EXAMINATION AND ADMISSION OF THERE are 114 Candidates to be examined on Monday, the 24th inst. courts before the day fixed at the Rolls, the examiners' certificates will be delivered to such candidates as may be entitled thereto, on Tuesday afternoon, the 25th. They may consequently be sworn at Westminster, in the common law courts, either on Wednesday or Thursday, and probably some may be taken on Friday morn ing, and be sworn at the Rolls at a quarter past three o'clock on the latter day, the 28th inst. ADDITIONAL APPLICATIONS Before a Judge at Chambers, on the 1st day of [See former List, p. 258, ante.] Queen's Bench. Atkinson, Edward Parke, Birkenhead; and Runcorn Bardouleau, Stephen René, Yeovil, and Mar chester Jardine, John Henry, Stoke, near Halstead Wilkins, William Henry, 5, Caroline Street, Bedford Square; and Southampton Street. John Joues of Liverpool, mentioned in the List We are requested to state that the Mr. of Applications to renew Certificates, (p. 258,) is not the Mr. John Jones late of Eldon Chambers, who has been in actual practice for many years, and who has duly and regularly taken out his annual certificate. NOTES OF THE WEEK. SOLICITOR'S LIEN ON ORDER OF COURT. The Master of the Rolls has appointed A CASE came before Vice-Chancellor Knight Friday, January 28th, at the Rolls Court, Chan- Bruce, on the 17th instant, in which the quescery Lane, at a quarter past three in the after-tion was, "Whether an order of the court, noon, for swearing solicitors. which had been passed, could be intercepted Every person desirous of being sworn on the in its entry by reason of any lien which a soliabove day must leave his Common Law Ad-citor had." His Honour said that the solicitor mission or his Certificate of Practice for the undoubtedly had such lien, but he was clearly current year at the Secretary's Office, Rolls of opinion that the solicitor must produce the Yard, Chancery Lane, on or before Thursday, order in question to the proper officer of the the 27th. court, for the purpose of the same being entered; and the order, when so entered, should be returned to him, and the new solicitor should pay him 20s. for his costs of attendance for that purpose. THE first of the 10 days, during which the Examination usually takes place, would be Saturday, the 22nd instant. That day would be inconvenient to commence the examination, inasmuch as the candidates would be kept in suspense till Monday, and the larger part, who come from the country, would be detained in town in order to be sworn in before the Master of the Rolls-the day for which is usually towards the end of the term, in order to include those whose articles do not expire till that time. His Honour intimated that a solicitor had lien upon any fund paid, or to be paid, into court under any order which had been obtained wholly or partially by the skill and labour of the solicitor, and he was disposed to add to the order, that it should be without prejudice to his lien,-with a declaration that he was entitled to a lien on any cash, or funds Notes of the Week. Superior Courts: Lord Chancellor. which were or should be paid into court in the cause, for his bill of costs in the cause. But ultimately it was understood that the present order was confined to the production of the former order for the purpose of being entered. INCONVENIENCE OF EQUITY SITTINGS AT WESTMINSTER. Great inconvenience and loss of time are occasioned to counsel and solicitors practising in the Court of Chancery, from its sittings being held during term time at a place distant from the offices and places of business. This grievance was fully stated in supporting the application for the removal of the courts. It is well known that the situation of the courts at Lincoln's Inn is more convenient, both to the public and the profession. We understand a memorial is about to be presented to the Lord Chancellor, from 200 of the Junior Bar, praying that his lordship will direct the sittings to be held at Lincoln's Inn during the terms in which parliament is not sitting. A similar memorial will be presented by the Incorporated Law Society on the part of the Solicitors, who are greatly inconvenienced by the courts sitting so far from Chancery Lane. The following is a copy of the Memorial from the Bar :: "To the Right Honourable the Lord High Chancellor of Great Britain. "The humble Memorial of the undermentioned Barristers, practising in the Court of Clans cery. "Sheweth,-That very great inconvenience and loss of time is occasioned to your memori alists by the sittings of the Court of Chancery being held during term at a place distant from the Registrars' and Masters' Offices, and the places of business of nearly all the selicines practising in this court. re "That the courts at Lincoln's Inn are commodious to the barristers, the solicitans, and the public, and since the opening of the New Hall at Lincoln's Inn, these courts remain entirely unoccupied during term. "Your Memorialists therefore humbly pray, that your lordship will direct the necessary steps to be taken for causing the sittings of the court to be held at Lincoln's Inn daing such time as parliament is not sitting. 66 'And your Memorialists will ever pray, &e." PUBLIC RECORD DEPOSITORY. We understand that the bill authorizing a suitable building for the Public Records to be erected on the Rolls' estate will be proceeded with early in the Session. We hope next summer to see the actual commencement of this long-desired work. This and other coming events evidently favour the removal of the courts, for which the profession in general has lorg called. RECENT DECISIONS IN THE SUPERIOR COURTS, REPORTED BY BARRISTERS OF THE SEVERAL COURTS, Lord Chancellor. the plaintiff's mother still resided near Horsham, that the plaintiff was there on a visit to Hurst v. Padwick. Jan. 11 and 12, 1848. his mother in the August previously that he SECURITY FOR COSTS WHEN PLAINTIFF had not otherwise resided there during the past TEMPORARILY ABANDONS HIS RESIDENCE. year-that he had not been heard of at his club The description as of his usual and long in July last-that his present address could in London since the dissolution of parliament established place of residence by a plaintiff not be found, as his son refused to divulge it who conceals the place of his actual abode, that it was unknown to his solicitor-and that whilst under apprehension of being served the latter refused to accept service for him in a with processes at law in matters unconnected with the suit, is not such a fraudu lent misdescription as will entitle the defendant to move for security for costs: especially if it appears on the pleadings that the defendant is an accounting party to the plaintiff. suit which the defendant wished to commence against him. The learned counsel cited, Sandys 1 Keen, 53; Simpson v. Burton, 1 Beav. 556; v. Long, 2 Myl & K. 487; Bailey v. Gundry, Calvert v. Day, 2 Yo. & Col. (Exch.) 217, upon the authority of which cases they contended, that the defendant's motion should have been allowed. Mr. Terrell, who was followed by Mr. J. Parker, with whom was Mr. T. W. Greene, stated that the present appeal was from a decision of his honour the Vice-Chancellor Mr. Rolt, submitted that there was not such of England, refusing a motion by the defend- a misrepresentation of his place of residence on ant to stay proceedings until security for costs should be given, under the following circumstances:-The plaintiff described himself in his bill, filed in September last, as being resident at Horsham, in Sussex, the borough of which he had then recently represented, and where his family and he had long resided. It appeared, from affidavits obtained by the defendant, that the part of the plaintiff as would entitle the defendant to the order which he now sought. The plaintiff, who had become embarrassed in his circumstances, was apprehensive of being served with numerous processes at law, and therefore deemed it expedient to conceal, except from his family, his present abode, but, although his son had declined to divulge it, he 292 Superior Courts: Lord Chancellor.-Rolls.-Vice-Chancellor. had sworn in his affidavit that the plaintiff was Nor could his lordship (the Lord Chancellor) not out of the jurisdiction of the court. The divest his mind of the fact, which indeed ap bill was filed against the defendant in respect peared on the pleadings, that the present obof the plaintiff's property, which had been as-jection was taken by the accounting party, and signed by him to the defendant in trust for the that the result of the plaintiff's residence being plaintiff, and it appeared from the defendant's discovered might possibly deprive him of all own statement, when he applied to the plaintiff's his property, and thus defeat the ostensible obsolicitor for his address, that he required it not ject of the defendant in asking for it. He merely for the purpose of serving him with therefore thought that the Vice-Chancellor had process in the suit which he intended to com- come to a right conclusion, and that the present mence in this court against him (the plaintiff), application must be dismissed with costs. but also for other purposes. Under these circumstances, the Vice-Chancellor had required an affidavit of merits, and upon its appearing from such affidavit that the property of the plaintiff (the subject-matter of the suit) was vested in the defendant, and that the latter could reimburse himself thereout any costs to which he might become entitled, his Honour remarked that the defendant was battling with a shadow, and refused his motion. The Lord Chancellor. The current of the cases cited and of the opinion of the court seems to have been directed to the matter of fraudulent concealment, but why I cannot see. The real object of requiring the plaintiff's address was that the defendant might know with whom he was contending. The plaintiff must, by the practice of the court, state in his bill some place of residence. This plaintiff probably has no permanent place of abode. How is he to describe himself? With all due deference to the Court of Exchequer, the case of Calvert v. Day, (suprà,) which was a case of a travelling pedlar without any fixed residence, seems to go to a great length. Mr. James Parker, in reply. Another principle is, that the defendant has a right to personal security against the plaintiff for the costs of interlocutory and other matters, and if, from ignorance of the plaintiff's place of abode, he cannot proceed against him personally, he may have security given for costs. Calvert v. Day has been followed by the Vice-Chancellor of England, in the case of Player v. Anderson, 10 Jur. 169. Jan. 12. The Lord Chancellor, having stated the facts as they appeared from the affidavits, remarked that there did not seem to be any evidence of fraud in concealing the present residence of the plaintiff. The cases cited had been decided upon the grounds of fraudulent concealment for the purpose of evading service of process in the suit; but such was not the case in the present instance, which his lordship thought did not come within the principle of the case in 1 Keen, decided by the Master of the Rolls, (Bailey v. Gundry, suprà). In the other case cited, (Simpson v. Burton,) also decided by the Master of the Rolls, his lordship, in remarking that it is the duty of a plaintiff to state his place of residence truly and accurately at the time he files his bill, and if for the purpose of avoiding all access to him he wilfully misrepresents his residence, he will be ordered to give security for costs, says, "I do not think the rule extends to a case where he has done so innocently and from mere error." Rolls Court. Marks v. Marks. Nov. 20, 1847. EVIDENCE.-RETURNS OF EAST INDIA COMPANY. The returns made to the East India Company admitted as evidence of the death of one of their servants who died at Delhi. In this case there was a question as to the mode of proving the death of one of the civil died at Delhi. As evidence certain quarterly servants of the East India Company who had returns made to the East India Company were adduced, in which this person was stated to have died at Delhi; and also an affidavit of identity and of the difficulty of procuring any certificate of the death in consequence of the distance of Delhi from any presidency. Mr. F. Hall for the petitioner. Lord Langdale said, that he thought, under might act upon the evidence, if any corroborathe peculiar circumstances of the case, he ing of the death of the party in question, could tive circumstance, such as private letters speak. be adduced. Vice-Chancellor of England. Gregory v. Wilson. Dec. 23, 1847. INFORMATION.-AFFIDAVIT. 3RD ORDER OF MAY, 1839. Where, on a motion, a common injunction is sought to be obtained for default of answer to an amended bill, an affidavit in sup port of the motion, containing a genera! statement of the truth of the amendments, is sufficient. In this case the original bill was filed to restrain the defendants from proceeding in an action at law. They answered; - plaintiff's amended their bill, and an answer to the amended bill not having been put in within the time limited by the 3rd Order of May 9, 1839, plaintiffs moved for the injunction, and the affidavit in support of the motion was as follows:-"That to the best of their knowledge, remembrance, information, and belief, the facts stated and charged by way of amendment, were each and every of them respectively true." The 3rd Order of May 9, 1839, directs, that the plaintiff shall be entitled to move for the injunction upon affidavit of the truth of the amendments. The question was, therefore, whether looking at the |