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THE TEMPLE NEWSPAPER LAW provided for the use of the clerks was incidental to his employe
EDER & Co. 1. ATTENBOROUGH & Sons.--Rules Supreme
several defendants appearing by one solicitor and delivering a joint
defence to pay one sum of £5 for all or £5 for each of defendants.-Listfr v. Wood.— Appeal from Decision of Divisional Court. Action brought for conversion of jewellery belonging to plain- Refusing Prohibition to County Court Judge.- No Leure of tiffs. Defendants were pawnbrokers by whom the articles in Dirisional Court to Appeal required.--County Courts Act, 1888.- question were said to have been sold or retained, it being alleged Power of County Court Judge to Grant Motion for New Trial, the pledgers had no title. Defendants were five in number apichere he dismissed Action without hearing Jerits, on Ground of pearing by the same solicitor and having delivered a joint Want of Jurisdiction.-Action was brought for trespass on a
defence. Plaintiffs administered one set of interrogatories, moor; defence, right of common. County Court judge at trial some of which one and some of which others of the defendants Eeld that he had no jurisdiction to try the case, the lands over were required to answer. Application was made on behalf of which, and in respect of which common was claimed, being
defendants to a Master in Chambers to order the interrogatories above annual value of £20. In January last, however, he granted to be struck out on the ground that plaintiffs were bound to pay a motion for a new trial, the annual value being in controversy.
into court not only £5 but £5 for each of the defendants. The Defendant applied to Divisional Court (consisting of Manisty,J., Master made the order. Mathew, J., set it aside. Held (by and Huddleston, B.) for a prohibition, which they refused to Pollock, B., and Field, J.) that there was no power to order grant. Held (by Fry and Lopes, L.JI.), that section 128 of the the interrogatories to be struck out, even if the rule required a County Courts Act, 1888, had not taken away the general right
separate payment of £5 to be made in respect of each defendant, of appeal from decisions of the Divisional Court, and that leave and also that in such a case as the present at any rate the rulo of the Divisional Court to appeal from its decision as to refus- did not require separate payment to be made. ing a prohibition to the County Court judge, was not required,
BeresFORD HOPE v. LADY SANDHURST.-- Local Government but that the decision of the Divisional Court, refusing a pro
Act, 1888, sect. 2.-Municipal Corporations Act, 1882.- Capacity hibition, was right, for that the County Court judge had jurig- of Woman to be Elected a County Councillor.- l'otes Given to her diction to grant the motion for a new trial, notwithstanding he
thrown away.--Notorious Disqualification.--In a recent contested had struck out the case in the first instance without trying it
election it was known that the candidate (Lady Sandhurst) was on the ground of want of jurisdiction.
a woman and also that her sex might prove to be a legal disqualiCARDIGAX v. Curzox-Howe.-Settled Land Act, 1882.-Sale fication, it being a subject of common public discussion at the by Tenant for Life.-Costs of Vortgagees of Life Tenant's Interest.
time. Held (by Huddleston, B., and Stephen, J.) that a woman -Whether to be paid by Life Tenant or Alloved out of Proceeds. cannot be elected as a County Councillor, and also that votes Incidental to Exercise of Statutory Porrer.-Discretion of Court.
given to her must, in the circumstances, be treated as thrown - Tenant for life of certain estates' had mortgaged her life
away, on the ground that the disqualifying fact was notorious, interest, and, subsequently, under the Settled Land Act, 1882, so that the candidate, if otherwise qualified, obtaining next sold the estates wherein she had a life interest. Chitty, J., held
highest number of votes was entitled to the seat. that the costs of the tenant for life's mortgagees were not GUYER v. REGINA.—Having Possession of Game after Ten Days " costs, charges, and expenses of, or incidental to, the exercise from Expiration of limefor Killing.--Birds Imported from Abroad. of any of the powers, or the execution of any of the provisions' -(1 and 2 Wm.IV., c.32, sect. 4).--Application of.-G., a licensed of that act, and also that if he had a discretion to allow such dealer in game, was summoned before a Metropolitan Police Magiscosts, he should disallow them. Held (by Lord Halsbury, L.C.,
trate for unlawfully having two (Russian) partridges in his posCotton and Lindley, L.JJ.), reversing Chitty, J., that the costs
session after the expiration of ten days from the day after which it of the mortgagees of the tenant for life were incidental to the
became unlawful to take or kill game in England. The birds exercise of the statutory power of sale, but, affirming Chitty, J.,
had been purchased from a dealer in game, who had imported that the tenant for life who had encumbered the estate, for her them in a frozen state from Russia. The magistrate convicted own benefit merely, was notis entitled as of right to have such
G. under sect. 4 of 1 and 2 Wm. IV. c. 32. Held (by Lord costs paid out of the estate, and that the discretion bad been Coleridge, L.C.J., and Hawkins, J.; dissentiente, Manisty, J.) rightly exercised.
that the conviction must be quashed, for that sect. 4 of 1 and In re BATTEN, ex parte MILNE.-Deeds of Arrangement Act, 2 Wm. IV., c. 32, must be interpreted by the light of sect. 3, 1887.-Registration of Decil thereunder.-Subsequent Erecution of and so read reforred only to birds killed in England. Deed by other Creditors.--Effect of:- Whether to Invalidate Registration and so avoid Deed or no,—June 25, 1888, Batten, by deed, conveyed to Milne all his property in trust for his creditors. Batten, Milne, and one creditor, executed it, and on July 2, it
THE BAR MEETING. was registered pursuant to Deeds of Arrangement Act, 1887. Subsequently, other creditors executed it. September 24, petition was presented against Batten. October 13, å receiving
At the meeting of the Bar referred to in our last issue, the order was made against him. Milne appealed againstt bis
ATTORNEY GENERAL, who presided, congratulated the members order, but the court (consisting of Cave and Charles, J.J.) held
on attending in such large numbers, because that would ensuro that the provisions as to registration of the Deeds of Arrange
that important alterations to be proposed in tho rules of the ment Act, 1887, had not been complied with, inasmuch as the
Bar Committee would be well considered. He hoped that the copy registered garo only the signatures of those who had then result might be that they might get a larger support in coming executed, whereas, subsequently, other creditors executed the years than they had had in the past for the Bar Committee. After deed, that the deed was therefore void, and that Milne had no
acknowleding their indebtedness to the honorary secretary, Mr. locus standi. It was admitted that if Milne had a locus standi,
S. H. Lofthouse, he referred to matcers mentioned in the annual the receiving order was bad, for he could then bring to tho
report. Those members of the Bar, he said, who were in the notice of the Court the fact that the debts due to the petition
House of Commons would, he was sure, be very glad to know ing creditors did not reach the required amount. Held (by
that the Land Transfer Bill had been considered by a Committeo Lord Esher, M.R., Fry and Lopes, L.JJ., reversing the decision
consisting of Sir
, Byrne, of Cave and Charles, J.J.), that the deed was rightly registered,
Kenelm Digby, Dunning, and Wolstenholme, and he was certain and registration not invalidated by reason of the subsequent
that if any further deliberations took placo with reference to it, execution of the dead by other creditors, and that Milne, the
that Committee would be of the greatest assistance to those who trustee, as a party aggrieved, had a locus standi, and the receiv- desired to get a thoroughly good Land Transfer Bill. He coning order must therefore be set aside.
gratulated the Bar Committee upon the alteration to a certain
difficulties of the Circuit question, and by the co-operation of
members of the sub-Committee in the past, considerable good RUDDEVAY & Co. r. Smith, et al.luster and Servant.- had already been done, but it was a subject in respect of which Liability of Taster to third Party for Negligent Act of Serrant.- they must not consider that their labourg were at an end. Ho Act incidental to his Employment.---Omission to turn off water tap
trusted that members of the Common Law Bar who were memin laratory whereby water overfloved to plaintiff's' damage.—Plain bers of Committee would, as far as they could, keep this mattiffs had offices in same house as defendants but a storey lower. ter before their minds, in order that they might get as effective Defendants had a lavatory, key being kept by their foreman. a Circuit system as they possibly could, convenient both to the After business ended for the day, shortly after 7 p.m., a clerk suitors and to the practitioners. In conclusion, he appealed to went to lavatory and turned on tap but water did not come, and members of the Bar to subscribe in large numbers, so as to give the he omitted to turn it off again. When, next morning early, the Committee the assistance of a salaried officer, and thus enable water was turned on again it overflowed, percolated through the them properly to dispose of the increasing work which fell on floor into chambers occupied by plaintiffs, and did considerable them. damage, and plaintiffs brought action against the clerk's em- 818 HENRY JAMES, M.P., Q.C., as chairman of the Committee, ployers in the Mayor's Court. The Recorder gave judgment proposed a number of resolutions for the purpose of effecting for plaintiffs. Held (by Lord Coleridge, L.C.J., and Hawkins, alterations in the rules. Mr. Oswald moved several amendJ.) that the defendants were liable for the consequence of their ments, but, after discussion, the resolutions were agreed to. clerk's negligence, for that the use of the lavatory which was The SOLICITOR-GENERAL Proposed a vote of thanks to Messrs.
Yarborough, Anderson, and R. B. Haldane for their services as nearly enough in themselves to pay the pure death auditors, and moved their re-election, with the addition of Mr. claims. The bonus additions, however, to policies Kenyon Parker, which was agreed to.
entitled to participate amounted to £186,839. The MR. S. Pope, Q.C., rose amid cheers, for it was generally history of the Scottish Widows' Fund for the past 19 known what was coming, and said : Mr. Attorney-General and
years, as comprised in its returns to the Board of Trade gentlemen, I ask leave to propose a vote of thanks to the Attor. ney-General for presiding over this meeting. It has always in the forms prescribed by the Life Assurance Com
ppeared to me to be one of the finest characteristics of the panies Act of 1870, reveals the facts that the net sum, English Bar that, widely differing as we do in opinion, and fre- received in premiums alone, has been sufficient to pay quently inevitably brought into personal conflict, we are yet able all death claims that have accrued, with bonus additions to preserve the respect and admiration-I may almost say the
thereto, and also all endowments that have matured, and affectionate regard-we entertain for the leaders of the pro
yet leave the enormous sum of £1,558,808, which would fession. Of course they are subject to criticism. As an old
give for a margin of expense over £82,000 a year. member of the Northern Circuit, I should be very reluctant to relinquish the right of the junior to criticise the performance of
During the whole of this period it has been unnecesshis senior. I daresay everyone of us in times past, and even
use the Life Fund, or the accumulations yet occasionally, feels that if he had the opportunity he could thereon, for the purposes specified, which are the conduct a particular case with much greater dignity and ability objects for which the Society does business. If the than those who are in charge of it. But, at least, we generally are sums paid included only the original amounts assured, able to distinguish in our criticisms between errors of judgment there would be an additional margin of from £3,500,000 and personal or professional misconduct. Those of us who enjoy
to £4,000,000 in the 19 years only, out of premium the honour of the personal friendship of Sir Richard Webster,
income. know what a good, true, and loyal comrade he is, absolutely incapable of intentional cruelty or of professional disgrace or dis- Such a history as this will cause even the thoughtless honour. And those to whom he is only the Attorney-General, to think. This Society is now 75 years old, and should the acknowledged head of our great profession, may rest well be feeling the predicted strain, to which mortality is assured that the high traditions and integrity and honour of said to subject an office in after years, yet we find the that profession will never be tarnished in his hands. I am of
rate of mortality experience last year is 31 per cent. those who intensely disagree with the Attorney-General's
less than the tabular rate expected, the number of opinions, but I move that we, as members of the Bar, thank him
deaths which might have been looked for being 681, for coming among us to-day as our official and recognised head. SIR JAMES PARKER DEANE, Q.C., Vicar-General of the Pro
while the actual number was only 472, and of these 142 vince of Canterbury, said : Gentlemen, I have the greatest
were over 70 years of age. pleasure in seconding this motion of a vote of thanks to the In the light of such figures and experience as the Aitorney-General. There is probably not a man in this room, foregoing, the most pertinent question that presents or very few in this room, who have known the Attorney-Gene- itself is :-To what amount is this enormous sum of ral so long as I have professionally, and to that I may add, with
£10,000,000 destined to grow, when we find that it has his permission, there are not very many of you who have enjoyed his personal friendship-I say enjoyed his personal friend
been practically undisturbed for 19 years at least, and ship--more than I have. From almost his first admission to the
between the 56th and 75th years of the life of the Bar I have known him. I believe that the very last brief which company : years when one would imagine it would be it was my good or ill fortune to hold I held under his leadership. needed, at least to an extent ? And again -Who will In private and in public I have unceasingly and without a mur- become the ultimate possessors of this vast and fast mur of doubt, admired him.
accumulating fund ? The SOLICITOR-GENERAL: Gentlemen, it has been moved
The Scottish Widows' Fund is an office that all may and seconded that a vote of thanks should be given by this meeting to the Attorney-General for having attended and
took up to as an example, for it has been able to do all presided on this occasion ; those of you who are in favour of
this without having any peculiar advantages over the resolution will say Aye." In reply, there was
other offices in the matter of premiums, or, in fact, enthusiastic shout of " Aye,” the audience rising and cheering many other details. True it is mutual in its principles, and waving their hats.
and vast sums have been saved policy holders that The ATTORNEY-GENERAL said : Mr. Pope, Sir James Deane, would have been deflected into other channels had it and my friends, it would be impossible for me to reply to such been proprietary ; but it stands as a model among a proposition by any discussion of the kind things that have been said of me by my old friends who have proposed and
British offices in the fact, that though now some years seconded this resolution. I can assure you that among many
past its three score years and ten, it is as vigorous as it incidents of my career nothing has ever been so gratifying to
was fifty years ago, in fact much more so. For years me as the reception you have given me to-day. I can at any rate its average new business has fluctuated between a saythis—that not wittingly or with knowledge has the keeping of million and a quarter and a million and a half yearly, the reputation of our great profession suffered in my hands. It and its death-rato has, as a rule, been much below may be--it certainly must be—that I have made mistakes in this
expectancy. These facts, taken all in all, are a proof and every other position of importance that I have beld, but I cannot help repeating that aphorism, which has almost becon
that enormous accumulations are not a necessity to an
of world-wide celebrity, quoted by a great man at a great representa
office that is at all progressive and is honestly managed ; tive meeting a few weeks ago, when he said that the man who did
and suggest the question that per force will crop not make mistakes very seldom made anything. My friends, I up, viz :--Could not the premium charge for Life can only again thank you, and I can assure you from the Assurance be materially lessened without invalidating bottom of my heart that the greatest pleasure I have as long as its security ? I am allowed to fulfil this position is—first, to follow the example of the great men who have preceded me ; and secondly, or, I will not say secondly, but in addition, to place my services
THE Falconer defalcation has stamped heartily at the disposal of the brethren of my profession.
Economic Life the Economic with a reputation for loose-
ness of management and carelessness in
regard to trust funds that it will wear for INSURANCE.
many a long year, to its sorrow and loss of business. All attempts on the part of the management to “lock the
stable after the steed has been stolen” will not restore the The Life Assurance Fund of this confidence of the public in the office. The reputation Scottish Il'idous Society has nearly attained to the of a Life Assurance Society is something like a Fund Life Askur. magnificent sum of ten million pounds woman's good name. The directors may call in the ance Society. sterling, and the yearly additions thereto assistance of chartered accountants, and the auditors
are, in themselves, sums that would make may endeavour to whitewash the stain that rests upon no mean fund for a Life Office. The amount added the executive of the office, but they will find their task last year was £326,206 or more than £1,000 a day for like the task of Sysiphus. In a matter of this sort the each working day of the year. The premium income public are right to avoid an office where a scandal of for the year was £804,885, whilst the original amounts this nature has been perpetrated. What guarantee is assured, that fell in by death, were £417,865, or barely there given that the evidently blind and confiding more than one-half of the amount received in premiums management may not be hoodwinked again ?. Can alone. Interests and rents amounted to £408,524 or implicit confidence be placed where such negligence
has existed ? Common sense supplies the true answer in the appointments or qualifications of the directors,
Instead of this we find the That Accident Assurance Companies are not liable
Mr. Lawrence Fulton, who for some years past_has been the agency superintendent for the North of Eng
land, of the National Provident Institution, has been THE 5th annual report of this com- transferred to a similar position for the same office, in The Straits In
pany suraner Company,
from the East is before us, and we connection with its London district. Limited. are compelled to say that it does not dis- Mr. George Will, jun., has been appointed to the
close any features that would lead the position vacated by him, embracing York, Durham, and insuring public to fly to it for protection. Out of a Northumberland in his district. total income of £70,952, the losses and claims paid Mr. Thomas J. Davidson has been promoted from the amounted to £21,479, charges and expenses were nearly position of resident secretary of the London Office of £14,000, a dividend of 5 per cent. used up £4,594, and the Queen Insurance Company to the important post of the balance of £31,084 remained. Out of this the sub-manager of its head office at Liverpool. directors recommended the following declarations : The Marine and General Mutual Life Assurance
Society has appointed Mr. Charles Withey to the position Second dividend to shareholders of 5 per cent......... 30,000
of district inspector of the Edinburgh Branch. Addition to reserve............
30,000 The district superintendency at Leeds, of the General A bonus of 10 per cent. to contributors of business.... 30,000 Accident and Employers' Liability Assurance AssociaLeaving for further losses and claims........
113,000 tion, of Perth, has been filled by the appointment of
Mr. W. E. Collinge to the berth, 203,000
The Edinburgh Life Assurance Company has (The dollar currency is stated in sterling at 3s. Ofd. exchange.) appointed Mr. Chas. F. Wood to be its inspector of the As we have only the directors' report, which does Birmingham Branch. He lately filled a similar position not disclose the nature of the business transacted, we at the head office of the Lancashire Insurance Company, are more or less at a loss how to deal with a showing of Manchester. this sort, but, under any circumstances, it would appear that the office was as yet in its swaddling clothes, and its backbone, as far as paid up capital and funds are concerned, is rather willowy. It is pretentious, for One of the most interesting matinées of the season will be there is a London office to the concern; but in the given by Mr. George Alexander on Wednesday, 15th May, at hurly-burly of competition that exists in these stirring Terry's Theatre. The play is an English version of Le Filibus: days, we are afraid it will have to “stay in Jericho till
tier, one of those delightful little idylls which only Frenchmen its beard grows,” before its piping voice will be heard
like Jean Richepin and Théodore de Bauville know how to write.
It is a story of bumble life, told with humour, tenderness, and among the Titans.
dramatic force-just the kind of story which will enlist the domestic sympathies of an English audience, and at the same
time appeal to the most fastidious literary sense. The chief The test case, recently brought by the
success of the original production at the Théatre Français was General Items. Briton Medical and General Life Assur
M. Got's impersonation of an old man—a type of simple, ance Association, against Mr. George dignified, and pathetic character unfortunately not common on Howell Jones, of Leicester, for the recovery of a sum our stage. For this part Mr. Alexander has engaged Mr. of £25, representing the first instalment of a call in Fernandez. The heroine will be played by Miss Calhoun, who respect of certain shares held by the defendant in the has a great opportunity for her very fresh and truthful method ; plaintiff company, has been decided by Mr. Baron
and the other characters by Mr. Fred Terry, Miss Carlotta Pollock in favour of the plaintiffs. The decision in
Leclercq, and Mr. Alexander. Mr. Jacomb Hood has designed
the dresses for this performance. There will be new scenery, this case, being a test one, will be binding upon others, and everything will be done to give a complete representation and decides that, notwithstanding certain irregularities to a charming play.
SIR CHARLES RUSSELL, Q.C., M.P. "To few men under the age of fifty has it been What Sir Charles Russell is in court is well known, given to attain the success of Mr. Charles Russell, who and we need not dwell on the steady incisiveness with now stands by general consent at the head of the un- which he extracts the truth from an unwilling witness, official Bar. In the full vigour of life, with a large and or the clear precision with which he places the salient lucrative practice, it is not to be wondered at that he has points of a complicated case before a jury. Out of refused a judgeship, reserving himself for yet higher court, he is a charming companion, witty in conversahonours, or at all events deferring his acceptance of the tion, and an appreciative listener in his turn. otium cum dignitate of the Bench. The record of his an interest in sport of every kind, and thoroughly contests and triumphs is familiar to everyone who enjoys the turf. So well is he appreciated in the sportreads the reports; and in every case it may fairly be said, ing world, that when the celebrated question about the whatever'an advocate could honourably do for his clients identity of Bend Or was raised, briefs for both plaintiff Mr. Russell has done.” So spokę PUMP COURT in its and defendant were sent for his acceptance, and now first issue—now many years ago. Since that time we in every sporting case both sides hope to be first to have seen him add triumph to triumph, until he has retain his services. In a rubber at whist, at picquet, achieved the crowning glory of his career in the and, in fact, in nearly every game, he is able to excel masterly conduct of the case for the Parnellite members by means of the same mental qualities of coolness, before the Commission, and in the brilliant address he readiness, and decision which account for his success in has just delivered, wherein indeed we saw learning more weighty mattery. The Anti-Tobacco Society may made lovely with eloquence. Since that time he be interested to learn that Sir Charles Russell is remarkbecame Attorney-General in Mr. Gladstone's last ad- able as one of the few thorough-going snuff-takers of ministration, and during the short time he held that the day, and appears to enjoy most intensely the office was universally acknow
stimulating pinch. ledged to have borne his
As a Member of Parliament, honours well. Sir Charles
since his election for Dundalk, commenced life as an articled
in 1880, up to now, when he clerk to a Dundalk solicitor,
represents South Hackney, Sir but speedily found that the
Charles has won the ear of the lower branch of the profession
House of Commons to a reof the law would not give
markable degree for a lawyer, him the scope he required
and, as an Irish Liberal, even for the exercise of his powers
when he declined altogether and the aims of his ambition.
the leadership of Mr. Parnell, He therefore boldly aban
he exercised an important indoned the path on which he
fluence in the course of Mr. had entered when his
Gladstone's measures of conprospects of success were already
ciliation for Ireland. He has assured, and commenced, de
always advocated with earnestnovo, as a student of the
ness and moderation the cause Honourable Society of Lin
of his countrymen, and his tact coln's Inn. In 1859 he was
has often gained what the obcalled to the Bar, and con
structive system of some of his necting himself with the
colleagues had almost lost. It Northern Circuit, soon estab
must now be written of him lished his reputation as a
that, with his political chief sound lawyer, an acute cross
Mr. Gladstone, he has at length examiner, and a persuasive
unreservedly accepted the and eloquent advocate. In
leadership of Mr. Parnell. Sir Liverpool, especially, his abili
Charles, like all really great ties were promply recognised ;
men, is always kindly and and in the Court of Passage, as
generous in his treatment of well as at Sessions and Assizes,
promising juniors, and is his briefs were numerous and
highly popularon his circuit. important. The late Edwin
No man could be found more James, Q.C., Mr. Justice Brett,
thoroughly representative of and Lord Justice Holker were
his profession. It is now some amongst the men with whom he had to compete, and fifteen years ago since Sir Charles took silk, but he his reputation steadily grew, both among his pro- seems as sprightly now as the first day he was called fessional brethren and with clients, so that his
within the Bar, and, like Mr. Gladstone, age seems only guccession to Sir John Holker as leader of the Northern to ripen his intellect without impairing his vigour. Circuit was acquiesced in by universal consent.
ROYAL PRINCESS'S THEATRE.-The revival of the “Silver King," has drawn immense houses at this theatre the last fortnight, and we are informed that the advance booking for “Člaudian" has exceeded the expectations of the management. " Claudian" will he produced on Monday next, April the 29th, with Mr. Wilson Barrett in'the title-rôle, supported by most of the members of the original caste. The elaborate scenery painted for the first production will again be used, and an exceptionally large choir specially trained will be a feature of this revival. " Claudian” can only be played for a fortnight, including matinées on Wednesday and Saturday afternoons. “Claudian” will close Mr. Wilson Barrett's present engagement at the Princess's Theatre, and be positively his last performance in London prior to his departure for America. We are re
quested to state that no exception whatever can be made to the
IS THE TAXING MASTER A
or the amount of which he has rectified without protest
from the solicitor whose bill is under taxation. Such are FAILURE ?
(in the case of an action or other "contentious” proceeding) the instructions to sue and defend, the charges for
issuing writs and summonses, the service of notices and FOR all the information that it affords to the average other documents, and the invariable" sittings fee" which lay mind, a modern bill of costs might as well be is supposed to cover the cost of postage and the like. written in the language of the ancient Hittites. The The amount to be charged for each of these items has miserable recipient finds himself charged for instruc- long ago been decided by Rules of Court, and if any tions which he has never given, for advice which he overcharge has been made in any of them, it has does not know that he has received, and for "copies to certainly been by mistake. These formal charges, keep” which have not been kept. The one part of however, form but a very small part of any bill the document which he finds perfectly to be under- of
probably would not afford standed by him is the total, and the amount of this, decent living to the clerks employed in the conin most cases, so far exceeds his wildest fears that he duct of the action out of which they arise. flings aside all philosophic suspense of judgment, and Of the remaining items in the bill, some consist of the hastily pronounces the whole thing to be “a d-d numerous payments made out of pocket in the course swindle." If he is a wise man, he will then hasten to of the action to counsel and others, and also for court abase himself before the man of law, who will and witnesses' fees. On some, though not on all of these generally (for solicitors are seldom unreasonable in payments, is charged a commission so extraordinary as this respect) let him off with a much smaller payment to afford some ground for the old slander that, when a than that for which he was at first asked.
lawyer puts his hand into his own pocket instead If, however, he is one of those who let the sun go of his client's, he expects to be paid handsomely for his down upon their wrath, he will probably insist upon trouble. Thus in London almost invariably, and in the having the bill taxed. If he does, woe to his father's country pretty generally, all the longer documents son! He will have great difficulty in appearing by required to be copied for the use of the court and of champion, for solicitors (for very obvious reasons) counsel are sent to a law stationer. For this the stationer dislike taxing each others' bills, and he will of course receives 1d. or 1}d. for each folio of 72 words. Yet the have to pay his champion's charges in any event. As solicitor is allowed by the taxing master to receive 4d. few people care to throw the helve after the hatchet in a folio, or a commission of 300 per cent for paying the this fashion, we assume that the wrathful one decides stationer's bill, and the same practice is followed with to tax in person. After months of waiting, when his regard to the printing of documents. Again, to draw recollection of the facts has naturally become some- a cheque for a large amount would seem to demand no what misty, he is admitted
into the presence greater expenditure of time on the solicitor's part of the taxing master. If the inatter is a Chancery than" is required for a small one ; yet we find that one, this official is a successful solicitor, who has there is in existence a regular sliding scale by which a managed to amass a sufficient fortune by the very solicitor who “attends counsel with papers
on which system on which he is now expected to act as a 5 guineas is marked gets only 6s. 8d. from his client, check. If the cause of dispute arose out of Common while his luckier professional brother, who is charged Law proceedings, he turns out to be a barrister whose with the delivery of a brief on which 40 guineas practice while at the bar certainly did not inclnde the appear, receives 2 guineas for exactly similiar services. preparation or investigation of bills of costs. By In all these cases the taxing master has really no whichever side of the profession he has climbed to judicial function at all. If the folios are correctly eminence, he has generally about 20 minutes to devoto counted, and the fees to counsel have been really paid, to a case, the thorough understanding of which would he is bound to allow the items without further question. demand at least a week's patient study. He is, there- There then remain to be dealt with the costs of drawing fore, but little disposed to listen to the client's con- the different documents required for the purposes of fused, though impassioned statement of his wrongs. the action, such as briefs and affidavits. These are The solicitor on the other hand has, from his youth, paid for strictly according to their length, 1s. a folio been trained to speak with taxing masters in the gate.' being charged in all cases, with a further sum under the He knows their foibles, their mode of working, and their head of “instructions” if they are very important or hatred of interruption and argument. He knows, too, intricate. With regard to these last, the taxing master that the bill through which the taxing master is now has a discretion, although from the pressure on his time wading, striking out an item here, and marking for it can seldom be exercised with much judgment. If, verification a payment there, has been prepared with however, he thinks that any of the documents an eye to this very process, and that he must have been so drawn are. unnecessarily prolix, he can (and either very careless or very inexperienced if anything sometimes does), in addition to docking the amount like the fatal sixth can be subtracted from what are allowed for “instructions," insist on a smaller number facetiously called his “profit charges.” Hence at the of folios being reckoned than that actually earned. end of the audience, when the litigant is pushed out Under these circumstances a brief of 100 folios is someof the room to make way for those engaged in the new times reduced to 50, but as, in order to determine what case, he generally finds that he has succeeded in recap- is and what is not unnecessary prolixity, a prolonged turing from his former ally, but present foe, a very small study of the whole case would have to be made, it cannot part of the spoil. And then, when he believes that be said that exact justice is always done in this particular fate has exhausted her quiver, she pierces him with her to the client oreven to the solicitor. Finally, there remain sharpest arrow! He learns that as the law has not ad- to be dealt with the communications between the solicijudged his late adviser to disgorge as much as a sixth of tors on both sides, and also between the client and the the booty, he, the already plundered and tormented client, solicitor, whose bill is in dispute. In all these items must pay, not only for the copy of the bill on which the the taxing master's discretion is absolute, but as he can taxing master has just operated, not only for the tax neither, in the time at his disposal, read all the letters that a wise legislature has laid upon taxations (breaking that have passed, nor consider in detail the necessity of the bruised reed with a vengeance), but also for the the interviews that have taken place between the several time that the persecutor has expended in defending his parties, he generally compounds for them by allowing ill-gotten gains ! Can we wonder that he goes down to letters and attendances to an amount which, in the his house breathing vows of impotent vengeance, and phraseology of the taxing-office, the case will “ stand." declaring that in future he will submit meekly to any We have hitherto considered the case of a bill in an injustice rather than again trust himself to the mercies action where the costs are paid by a client to his own of the law.
solicitor. When an unsuccessful litigant has to pay If now we dissect the bill of costs that has caused all that of his successful rival, a further anomaly appears. this pother, we shall notice that there are some charges in this latter case, certain of the costs, such as those which the taxing master has passed as a matter of course, attending the employment of extra counsel and the