Practice of Retainers.-New Statutes effecting Alterations in the Law.

provisional committee in respect of any subject of action or suit by or against such committee, or any member or members of it, arising out of the concern in which they are provisional

XXIV. When a retainer is given by the plaintiff in a cause A. v. B., and an action or suit is afterwards brought by B. v. A, the counsel cannot take the retainer of B. without notice to 4., if the causes of action are

XVII. Where a renewed retainer is necessary, it must be given before the end of the NEW STATUTES EFFECTING ALTERAterm preceding the assize.

XVIII. In any case requiring the renewal of a retainer, an adverse brief or retainer cannot be accepted without notice to the original client.

Appeals, Writs of Error, and Nonsuits. XIX. A special retainer, in an appeal or on a writ of error, may be given before the appeal has been lodged or the writ of error issued.

1. 5 & 6 Vict., c. 22.-So much of recited XX. Counsel in the original cause cannot act as relates to first-class prisoners repealed. accept a retainer on an appeal or writ of error-Whereas, by an Act, intituled "An Act for for the opposite party, without affording the consolidating the Queen's Bench, Fleet and client in such original cause the opportunity of Marshalsea Prisons, and for regulating the giving such retainer.

XXI. After a nonsuit, a retainer cannot be accepted from the adverse party in a second action without notice to the client for whom a brief has been held in the first action.

Opinions and Pleadings.

XXII. Where counsel has drawn pleadings or advised, during the progress of an action or suit, a retainer cannot be accepted from the opponent, without notice to the first client.

536

New Statutes effecting Alterations in the Law.

Queen's most excellent Majesty, by and with required to give such security, by bond or the advice and consent of the Lords spiritual otherwise, to the keeper of the Queen's Prison and temporal, and Commons, in this present for the time being as the Commissioners of parliament assembled, and by the authority her Majesty's treasury or any three or more of of the same, That so much of the said Act as them shall direct, for the faithful discharge of prescribes and sets forth that the first class of the duties entrusted to them as such tipstaffs prisoners in the Queen's Prison shall comprise of the said Courts respectively in regard to and be formed of debtors remanded by the any prisoners confined in the Queen's Prison; Commissioners of the Court of Insolvency on and the said tipstaffs shall, and they are here. the ground of fraud, or for refusing to file a by required to obey all such directions and schedule of their property, shall be and is instructions as they or either of them may hereby repealed. from time to time receive from the said keeper 2. What persons shall compose first-class of the Queen's Prison or his deputy in respect prisoners after passing of this Act.-That from of such prisoners; and every tipstaff of the and after the passing of this Act the first class of prisoners in the Queen's Prison shall be composed of the three following descriptions of persons; namely,

First.-Debtors adjudged under the 77th, 78th, and 96th clauses of 1 & 2 Vict., c. 110, as not entitled to the benefit of the said act, and to be discharged at some future period: Secondly.-Debtors refusing or neglecting to file a schedule of their property when ordered to do so by the Court for the relief of insolvent debtors under the provisions of the 36th section of 1 & 2 Vict. c. 110.

said Courts neglecting or refusing to give such security when required so to do, or not obeying the directions and instructions of the keeper of the Queen's Prison or his deputy, shall for every such default forfeit and pay the sum of 1007., to be recovered in any of her Majesty's courts of law, in such manner as the said Commissioners of her Majesty's treasury may direct.

6. Provisions of former acts as to reducing penalties, &c., for introducing spirituous liquors into Queen's Prison, no longer to exist.Persons acting in contravention of existing Thirdly.-Bankrupts against whom a war-rules as to introducing spirituous liquors may rant may be issued and lodged by the Com- be taken before a justice, and summarily conmissioners of Bankruptcy for fraud or con-victed.-Penalty for certain offences not to be tempt of Court.

reduced below 101. And whereas under the 3. Indemnity to Secretary of State and others provisions of acts heretofore passed certain for acts already done in regard to classification penalties or terms of imprisonment are imof prisoners, &c.That this Act shall be and posed upon persons convicted of carrying or is hereby declared to be a full and complete taking any spirituous or fermented liquor into indemnity and discharge to her Majesty's Se- any prison, and power has been given by subcretary of State and to the keeper of the sequent acts to any justice or justices of the Queen's Prison respectively, and to all persons peace before whom the offender is convicted acting under his or their authority and con- to reduce or lessen the penalty or term of im trol, for all things heretofore done or per-prisonment, and it is expedient to alter such mitted to be done by the said Secretary of provisions in regard to the Queen's Prison: State or by the said keeper or other persons Be it therefore enacted, that, so far as relates in regard to the classification of the prisoners to the Queen's Prison established under the in the Queen's Prison, and that the same shall Act passed in the 5th year of her present Manot be questioned or impeached in any Court of Law or Equity whatsoever to the prejudice or detriment of the said Secretary of State or the keeper of the Queen's Prison, or any persons acting under his or their authority and control.

jesty's reign, the power to reduce or lessen any penalty or term of imprisonment shall no longer exist; and if any person, in contraven tion of the existing rules of the said prison, shall carry or take or shall attempt to carry or take into the Queen's Prison any spirituous 4. In case of illness or absence of keeper or fermented liquor, it shall be lawful for the deputy-keeper to act. That the person ap-keeper of the said prison or his deputy, or any pointed to act as deputy-keeper of the Queen's turnkey or other person acting under his or Prison in case of the illness or unavoidable their authority, to apprehend or cause to be absence of the keeper shall have all the powers apprehended any person so offending, and to and execute all the duties of the keeper of the Queen's Prison; and the keeper of the Queen's Prison shall be civilly responsible for all acts and omissions of his deputy-keeper.

5. Tipstoffs of Court of Chancery, &c., to give security by bond or otherwise to keeper of Queen's Prison for faithful discharge of duties. Penalty on tipstaffs neglecting to give security or disobeying instructions of keeper of Queen's Prison. That every tipstaff of the High Court of Chancery, and the Courts of Queen's Bench, Common Pleas, and Exche quer, shall and he and they is and are hereby

convey him or her before a justice of the peace, who is hereby empowered to hear and determine such cases in a summary manner; and if the said justice shall convict any person of such offence, he shall commit such offender to the common gaol or House of Correction, there to be kept in custody for any period not exceeding three months, without bail or mainprize, unless such offender shall immediately upon conviction pay down such sum of money as shall be adjudged by the said justice, not exceeding 101. nor less than 37. Provided nevertheless, that in every case where it shall

Admission of County Palatine Attorneys.-Moot Points.

557

MOOT POINTS.

ENTAIL OF ANNUITY.

be proved that the spirituous or fermented liquor was concealed about the person of the offending party in bladders or skins, it shall not be lawful for any justice to reduce such A. grants an annuity, secured on a term for penalty below the sum of 107.; any law, custom, or usage to the contrary notwithstand-years to B. and the heirs of his body; on de fault of issue to C. and his heirs. B., by deed ing. 7. So much of 55 Geo. 3, c. 113, as restricts enrolled, conveys the annuity to D. and his Does the estate the sum to be given to prisoners to 6d. per day heirs, and afterwards dies without issue. Is the annuity entailable? repealed. That so much of an act passed in revert to A. by forfeiture, or is D. entitled? the 53rd Geo. 3, intituled "An Act for proC. J... viding Relief for the poor Prisoners confined In Blackstone's Commentaries, vol. 2, p. 113, in the King's Bench, Fleet, and Marshalsea an annuity cannot be entailed Prisons," as provides that the sum to be given it is stated that which charges only the person, and not the to any one prisoner shall not exceed 6d. per lands of the grantor;" and Mr. Christian, in a diem, shall be and the same is hereby renote to the same page, says,-"Out of a term pealed. for years or any personal chattel, except in the instance of an annuity, neither a fee conditional nor an estate tail can be created."

ADMISSION OF

COUNTY PALATINE ATTORNEYS
IN THE COURTS AT WESTMINSTER.

A QUESTION has been raised relating to the right of attorneys admitted in the County Palatine Courts before 1843, to be admitted into the Courts at Westminster without examination.

By the 45th section of 6 & 7 Vict. c. 73, persons admitted previously to the 1st Jan. 1843 in the Courts of the County Palatine, may be admitted in the Courts at Westminster without examination, on payment of the duty; and such admission will relate back to the time of the first admission, if perfected by Michaelmas Term, 1844. That time having passed, the admission would of course not have a retrospective effect, but it might have been intended by the legislature that attorneys on the Palatine Roll prior to 1843, should still be admitted without examination in the Courts at Westminster.

If an annuity be granted out of personal estate to a man and the heirs of his body, it is a fee conditional at common law, and there can be no remainder or further limitation of it, and when the grantee has issue he has the full power of alienation, and of barring the possibility of its reverting to the grantor by the failure of the issue of the grantee. Brown's Ch. Cas. 325.

2 Ves. sen. 170; 1

In the case proposed, the limitation to C. was void. The grant to B. and the heirs of his body was a conditional limitation, and he, not having issue, had no power of alienation; consequently the estate reverts by forfeiture to A. the grantor.

LAW OF ATTORNEYS.

E. E.

A. B., and three others, carry on an extensive business as common brewers, under the firm of A. B. and Co., which is conducted entirely by A. B., the three other partners taking no part in the management; two of them reside in distant towns. C., one of the firm, is an But then come the Rules of Easter Term attorney, living in the town where the business 1846, made by the Judges of all the Com- is carried on, and in his professional capacity, conducts the law affairs arising out of the mon Law Courts, under the 15th and 16th business, such as preparing leases, suing sections of the act. The rules require all for debts, &c. due to the firm. At the last persons to be examined unless previously yearly settlement of the partnership accounts, admitted in the Court of Chancery, and a large bill is produced by C. for law business, make no exception in favour of County which gives dissatisfaction to the two sleeping Palatine attorneys. There does not appear partners, who object to pay or allow it to form to have been any decision of the Court (at least none is reported) on the construction of the 45th section, with reference to County Palatine attorneys; and inasmuch as they are not examined in their own Courts, and Can one attorney sue another in the Small have not availed themselves of the privi- Debts Court, or is it more advisable to sue by lege conferred by the 45th section, of being bill as formerly, even though the cause of acadmitted in the Superior Courts at West- tion is under 201.: in the former case would minster, on or before the 1st day of the plaintiff be defeated by the defendant claimMichaelmas Term, 1844, they ought to being his privilege (as an attorney) to be sued in examined according to the Rules of Easter the Superior Courts.

Term, 1846.

any part of the charge on the partnership effects. Can C. commence any proceedings at law or equity against his partners to recover the amount of his law bill?

VERITAS.

568

Easter Term Examination.-Fecs of Court.-Consistorial Court. Notes of Week. EASTER TERM EXAMINATION.

THE examination of persons applying to be admitted on the Roll of Attorneys, will take place at the Hall of the Incorporated Law Society, on Tuesday, the 2nd May.

The number of applicants is 140, which as usual, will probably by various causes be rereduced 20 or 30 per cent.

The testimonials of due service are to be left with the Secretary, on or before Saturday, the 22nd instant.

QUESTION BOOKS.

any want of respect, or that there is any lack of attention to my business.

us-I mean this payment of 8044-if it had With reference to the particular case before been my case, I should have paid for just a many copies as would have afforded, in my opinion, a fair and liberal remuneration for the extra time and attention paid to my business,

and no more.

C.

[We did not continue the extract regarding this transaction, because the Solicitor and the Master's clerk were at direct issue on the question, whether the former was induced to take the copies in order to avoid the delay of the long vacation. This part of the case, if the Several imperfect and unauthorized editions imputed extortion can be sustained, should be of the Examination Questions have been pub-evidenced by more than one witness. It is lished for the supposed use of the candidates. most grave charge, and we did not think ourSome of them contain answers calculated to selves justified in bringing it forward in the mislead, and for the most part render no real present state of the evidence.-ED.]

service to the student.

These works, in some instances, bear the names of the compilers, but most of them are anonymous. We shall take an early opportunity of noticing them, and have a word to say on the injurious effect of the "cramming" system.

FEES IN COURTS OF LAW AND
EQUITY.

To the Editor of the Legal Observer. SIR,-I have read your remarks on the Fees in Courts of Law and Equity, and I could have wished that you had given a more extended report of Mr. M'Leod's evidence,-you have stated the fact of the payment of 8041. for office copies in the Master's Office, but you have left the inexperienced amongst us in ignorance, that it was entirely a gratuitous payment.

It appears to me that the Court has done all that was practicable in the matter referred toit has abolished the old system under which the solicitor's fee for attendance was disallowed, unless he took or paid for a copy-and has left the taking copies entirely at the discretion of the solicitor.

I remember the time when our being compelled to take these copies, in order to the allowance of our just fees, was considered an abuse, and yet now we are left to do what we think just and right by our clients—a discretion is given us, but we have not the moral courage to do our duty.

For my own part, I consider the alteration a boon not to be thrown away, and in the course of my limited practice, I act upon that opinion, and yet I do not find that I am treated with

See p. 489, ante.

Druce v. Dennison. P. 520, ante. ì. SIR,-Referring to the report of this case, allow me to inquire, through the medium your correspondents, whether it is the practice that a will, having been proved in the Consis torial Court of the Bishop of London, cannot afterwards be proved in the Prerogative Court of Canterbury. It is stated in the report, that the difficulty consisted in the refusal of the Diocesan Court to part with the will-but I think this can scarcely be, as I have several times in the course of my practice, after having proved a will in one Court, proved upon an office copy in another.

NOTES OF THE WEEK.

LAW APPOINTMENT.

C.

Lord Lovelace, the Lord Lieutenant of the county of Surrey, has appointed Woronzow Greig, Esq., Barrister-at-Law, to the office of Clerk of the Peace for the county of Surrey, vacant by the decease of C. F. Lawson, Esq. Mr. Greig is a member of the Northern Circuit, and was called to the Bar in May, 1830.

The office of Clerk of the Peace is usually held by an Attorney. This appointment cannot be so important as that of the Clerkship of the Central Criminal Court, so well filled by Mr. Clark.

CROWN AND GOVERNMENT SECURITY BILL, A new clause has been added to this bill since the observations at page 549, ante, were

written. It is to this effect:-that in any (No. 1). In Select Committee.

indictment for a felony under the act the General.

offender may be charged with any number of Special and Petty Sessions. In Select Comthe matters, acts, or deeds, by which the com-mittee.-Attorney-General.

Removal of Poor. In Committee. - Mr. rane.

Remedies against the Hundred. Administration of Justice out of Sessions. Clay.