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replied, thanking the solicitors and others who practised original “moots” the problems given for solution by the in the court, the official staff of the court, and the police. mock court were generally of some curious nature, in the
working out of which precedent practically went for The President of the Incorporated Law Society, B. G. nothing, and the light of reason and fundamental laws of Lake, Esq., the vice-president, Grinham Keon, Esq., and equity were the decisive factors ; hence, “moot points.” the Council of the Incorporated Law Society entertained The revival is a distinctly interesting incident, and will be at dinner on Wednesday, the 8th inst., the Lord Chief valuable, too, if the new “moots prove a tithe as enlightJustice of England, Lord Macnaghten, the Hon. Mr. ening as their ancient prototypes. Justice Grantham, Sir Walter Phillimore, Bart., Sir Reginald Welby, Mr. J. Whitehorne, Q.C., the Hon. F. For once in a way the advice of Samuel Weller, senior, Lawley, Mr. H. C. Richards, Mr. Dicey, the Rev. H. A. to “bevare of vidders," is likely to be scorned. In Cannes Lake, Mr. Broadley, Mr. Mowatt, Mr. A. E. Finch, Mr. G. at the present moment there is a widow, ætat twenty-three, B. Rashleigh, Mr. W. H. Cousins, Mr. E. Lake, Mr. and with a “ tocher” of a million sterling! Her late Munds, Mr. Trower, Mr. Newman, Mr. IIarting, Mr. G. husband was eighty-two. A good deal of discretion is L. Bristow, Mr. A. J. Finch, Mr. Hugh Fraser, Mr. J. R. needed to properly direct the disbursement of, let us say, F. Rogers, Mr. E. E. Blyth, Mr. R. T. Webster, Mr. E. R. if well invested, £50,000 a year. Now, ye briefless ones, Still, Mr. E. W. Williamson, Mr. Bucknill, Mr. Walter don't all start for Cannes at once, or the traffic will be Williamson. The following members of the Council were
embarrassed, unless, indeed, some of you enact the stirring also present: Sir Thomas Paine, Mr. F. H. Janson, Mr. drama of the Kilkenny cats while waiting for the ConG, B. Gregory, Mr. E. J. Bristow, Mr. H. Roscoe, Mr. tinental express to start. Richard Pennington, Mr. C. J. Follett, Mr. H. L. Pemberton, Mr. J. Hunter, Mr. H. J. Davis.
No doubt Mrs. Besant and Mrs. Ashton Dilke mean
kindly by their protégés, the working classes generally, but The death is announced, after a short illness from inflam- it is quite impossible and intolerable that they, or even mation of the lungs, of Mr. C. R. McClymont, of the the whole of that weighty and important body, the North-Eastern Circuit. Mr. McClymont was an able and
London County Council, should arrogate the right to rising junior.
dictate to private firins the wages which they shall or
shall not pay to their employés. Women as clever and as We understand that Lord Colin Campbell has written experienced as Mrs. Besant should know that not only will from Bombay, where he is at present practising, to his such high-handed, inquisitorial, and dictatorial actions be solicitors, Messrs. Humphreys and Son, instructing them promptly resented in the case of individuals, but that if to withdraw the notice of motion for a new trial which was attempted by any official body - corporate, such as the filed in the Divorce Registry, and this has accordingly been L.C.C., it would speedily bring it into contempt and done.
paralyse its utility. We can quite sympathise with Mrs.
Besant and her colleague in their desire to secure the WHETAER the latter-day representatives of Mr. Tulking
means of comfort and decency for all workers, especially horn and Conversation Kenge, to say nothing of Messrs.
of their own sex, but they must permit us to suggest to Guppy, Jobbing, and Smallweed, will approve of it or no
them that they will never reach their goal by the route we cannot tell, but we trust that the proposal to spend which they have elected to strike out for themselves, and some pains and money upon the gardens of Lincoln's Inn the sooner they realise this fact the better for them. Fields, and then throw them open to the poor children of
selves and those whose welfare they would secure. the district, will become un fait accompli. Behind the huge houses which skirt what Mr. Guppy affectionately called
It is said that the Prince will be conspicuously present, “The Fields,” lie hidden away many a foul and pesti- if he does not actually take a formal part in the ceremony ferous slum, swarming, as such slums always do, with the of opening the Eiffel Tower. It is a secret de Polichinelle neglected little human weeds of humanity. We shall be that his Royal Highness is lamentably disappointed that glad to see the “Jo's” of the Drury Lane courts getting a the sanguinary memories of 1789 forbid any official recog. breath of pure air in the spacious but now almost useless nition of the Exhibition by any of the monarchies of grounds. It is about the only pure thing which these poor Europe. The Prince never enjoys himself anywhere so wastrels are likely to know, and it would be a cheap but much as in his beloved Paris, and it is a keen source of inestimable boon to them.
vexation to him that he has not been able to lend the great
weight of his name and presence—no irreverent jest THERE are little oases of brightness even in what laymen intended !-to further the interests of the people he likes deem the dry and dusty desert of the law. Only last week so well, and who return his kindly sentiments to the full. two barristers sat in solemn judgment upon a delightful entertainment, in order to satisfy certain persons concerned
There is no truth in the rumour that a proposal is in the that it was all that it ought to be. While the learned
air for Prince Albert Victor to be appointed permanent counsel reclined upon velvet lounges in a charming hall, a band of Spanish musicians, singers, and dancers made
Viceroy of Ireland. It would be absurd to pretend that
such an appointment would be popular, and in the present delicious music, and illustrated the poetry of motion for
critical condition of Irish matters it would be a grave their special behoof. And when the last notes of the bandurrias and citaras, the pandera and the guitarras had
blunder to run any risk of increasing existing dissatisdied away, the sweet voices of the senoritas grown silent, and
faction, and any rumour of the kind may safely be relegated
at once to the prolific canard family. the graceful forms still, then did Messrs. Lockwood and Cock pronounce the Estudiantina Espanola very good, and the pretty “International Hall,” in the Café Monico, Every man and every journal must pause a moment in its Piccadilly Circus, virtually started on what we hope will daily round to pay a tribute of reverence to the memory of be a successful career, under the agis of the law. As a brave Father Damien, who, with an unparalleled heroism matter of fact, the entertainment which inaugurates it is as
and a sublime sense of duty, has devoted his manhood to charming as it is new to London, and should prove as and finally laid down his life for the lopers. Years of selfpopular as it is pretty.
sacrificing devotion to a task from which humanity itself
would naturally shrink, and death in the midst of bis noble Dean TRENCH once said that the history of a nation was work, have earned for Joseph Damien the admiration of the buried in its language, and only needed disinterring. A case
world and a martyr's crown, if ever a crown was nobly in point is furnished by the term “ moot.” Probably tho
won, and have left to the world a lesson and example of minority only know the real origin of the expression, "a
the power of self-abnegation of which the soul is capable, moot point”-outside the law at all events; but light will
which make us think better of humanity in a scoffing, now be thrown upon it by the revival in Gray's Inn of the pessimistic age. Father Damien has lived a saint and ancient "moots" --the periodical meetings of the legal Inns
died a martyr, and though his church may not canonise for the discussion of subjects cognate to their profession. him, his name will live for ever in the hearts of men of all A mimic court was formed on Monday night of last week, creeds, an inspiring memory which may bring forth emulaand a decidedly unconventional case submitted for trial. tive deeds centuries after the noble priest offered up the This was quite in accordance with precedent, as in the s!preme sacrifice that poor humanity can make.
menced in the High Court. Plaintiff, within twenty.one days THE TEMPLE NEWSPAPER after service of the writ, applied for an order for judgment LAW REPORTS.
under Order XIV., and obtained judgment for £45, leave to defend as to the balance of the claim being given to defendant. The Official Referee, to whom the question was referred, found
for the plaintiff as to the balance. On taxation, the Master COURT OF APPEAL.
allowed all the costs on the Supreme Court Scale. Mathew, J., Reg. V. LAND COMMISSIONERS OF ENGLAND.- Compulsory
varied the Master's order, by directing that costs up to the judgEnfranchisement by Tenant.-Copyhold Enfranchisement Acts,
ment under Order XIV. should be on the Supreme Court Scale, 1852-1887.-Valuation of Manorial Rights.-Subsequent Sale at
the subsequent costs to be on the County Court Scale. Held Price Larger than that on which Umpire's Valuation Based.
(by Field and Cave, J.J.) that the decision of Mathew, J., Refusal of Umpire to Reconsider Valuation.- Commissioners'
must be reversed, for that the plaintiff was by virtue of the Jurisdiction to Revise it.—“ Imperfect or
Erroneous." proviso in Sect. 116 of the County Courts Act, 1888, entitled Prohibition. The tenant of an estate in the manor of Leigham
to have the costs of the action, and not merely those up to the (Surrey), of about five acres, took proceedings for compulsory judgment under Order XIV., taxed on the High Court Scale. enfranchisement under the Copyhold Enfranchisement Acts 1852-87. The manorial rights were valued by the tenant's BROCKLEY v. VESTRY OF ST. MARY, BATTERSEA.- Street valuer at £1,281, by the lord's at £2,100. The umpire valued Obstruction.- Power of Vestry to Remove after Notice and them at £1,331, and the tenant claimed to enfranchise at that Neglect to Comply Therewith.-Need for Previous Proceedings price. A few days after the estate was sold for £14,500, the before a Magistrate.- Metropolitan Management Act, 57 Geo. lord of the manor purchasing the greater portion for £13,500. III., c. 29, Sect. 65.-- The power of seizure, &c., conferred on This sum largely exceeded the value which the umpire had
vestries by Sect. 65 of the Metropolitan Management Act, 57 estimated it at, as a basis for valuing manorial rights. The lord
Geo. III., c. 29, is exercisable after notice given to remove an then applied to the umpire to reconsider his valuation, on the obstruction (e.g., hand-barrow and goods of a costermonger sell. ground that the price realised on the sale showed the valuation ing in the streets), which has not been complied with, and it is not of the manorial rights was much too low. On his refusal the necessary that a summons should first have been taken out before lord applied to the Commissioners to revise the award. The a magistrate, and the defendant convicted, and & penalty of Commissioners remitted the award to the umpire for reconsider
from 40s. to £5 inflicted on him. So held by Charles, J. ation. He refused, and they then, declining to state a case for the opinion of the Court, in accordance with the tenant's CHISHOLM v. Doulton.--Negligent User of Furnace, 80 request, gave him notice that they should themselves determine that Smoke therefrom not Consumed.-Negligence of Workthe value. A Divisional Court (consisting of Denman and man, Absence of Negligence on Part of Owner of Premises and Hawkins, J.J.) granted a prohibition to the Commissioners, his Foreman.-Mens rea—16 and 17 Vict., c. 128, 8.1.-Case holding that the valuation in the present case was neither imper- stated by Mr. Biron, one of the Metropolitan Magistrates. Sir fect nor erroneous, though it might be too low. Held (by Lord Henry Doulton was summoned for negligently using a furnace Esher, M.R., Lindley and Lopes, L.JJ.), reversing the decision on certain premises of his, used for the purpose of his manufacof the Divisional Court, that the valuation was.
tory as a potter, so that the smoke therefrom was not effectually within the meaning of the Section, for that as used in the consumed, contrary to 16 and 17 Vict., c. 128, s. 1. From the Section erroneous meant wrong, and not merely wrong in case it appeared that the furnace in question was properly principle. Prohibition discharged.
constructed, that the smoke arose by the act of the stoker or
person who lighted the fire, and might by proper care have preNulton v. WILTON.- Action for Penalty. Public Health vented the occurrence ; that the attention of the foreman was Act, 1875, Schedule 2, Rule 70.- Member of Local Board Con
not called to the matter, and that he had no personal knowledge cerned in a Contract Entered into with Board.—Employment of of it, and was not guilty of negligence; and that Sir Member by Contractor to do Portion of Work.-Action to re- Henry Doulton had no knowledge of the matter and cover penalty of £50 under Public Health Act, 1875, Schedule 2,
not guilty of negligence. Held (by
Field and Rule 70. Defendant, a joiner, was elected a member of a Cave, J.J.) that the Magistrate was right in dismissing the Local Board in 1885. In October, 1886, the Local Board summons, for (that in order to justify a conviction for the entered into a contract with H. for the supply of warming
offence in question, it was incumbent on the prosecution to show apparatus to the offices of the Board. H., joiner's work being
that the respondent had been personally negligent. necessary in the course of fitting up the apparatus, applied to defendant's foreman to do it. The work was done by de. COLE v. ACCIDENT INSURANCE COMPANY.-Policy of A830 • fendant's workmen, and the bill (£1 9s.) paid by H. to defendant. rance.- Construction of Proviso excepting Liability where In December, 1886, the Local Board contracted with B. for the Death Occurs by Poison-Suggested Limitation of Exception supply of a water-tank. B. employed the defendant in a similar where Poison Accidentally Taken.—A policy of insurance had inanner, defendant being paid £3 143. by B. At the trial before been effected by one H., whose executor was the plaintiff in the A. L. Smith, J., at Assizes at Leeds, judgment was given for present action with defendant company. The policy insured H. plaintiff. Held (by Lord Esher, M.R., Lindley and Lopes, against any personal injury caused by accidental, external, and L.JJ., affirming decision of A. L. Smith, J.) that inasmuch as visible means, the direct effect of which should occasion the the defendant, a member of the Local Board, acting as such, had insured's death within three calendar months of the happening done part of the work which the contractors had agreed to do, of such injury, and also against personal injury, &c., not resulthe was concerned in the contracts and liable to the penalty. ing in death. A proviso declared that the insurance should not
extend to “death by suicide, whether felonious or otherwise, or In re BROCKLEBANK.-Bankruptcy.-Discharge of Bankrupt. to . . . any death or injury caused by duelling or fighting, or - Commission of Offence Subsequent to Adjudication.— Obtain any other breach of the law on the part of the insured, or by ing Goods by False Pretences.-Bankruptcy Discharge and poison, or intentional self-injury.
The deceased was in Closure Act, 1887 (50 and 51 Vict, c. 66) Sec. 2, Sub-sec. 3.
business as a horsekeeper, and used to go at night to his stables Offence not Arising out of or Connected with the Bankruptcy. to see that his horses were all right. He kept on a shelf in the Brocklebank failed in 1878, and was subsequently adjudicated a
stable a number of embrocations for horses and a bottle of bankrupt. After adjudication, in the year 1882 he was con
medicine for a private ailment. One night he lit a candle and victed of obtaining goods by false pretences, and sentenced to went to the stables, but the light blew out on the way. In the six years' penal servitude. In March, 1889, he applied for his dark by mistake he took a bottle of corrosive sublimate instead discharge, which was granted. Some of his creditors appealed of his medicine, and died soon after. The jury found the cause against the granting of his discharge. Held (by Lord Esher, of death was the corrosive sublimate, and that the taking of it M.R., Lindley and Lopes, L.JJ.) that the Registrar had was accidental. Held (by Mathew and Grantham, J.J.) that the power to grant the discharge, for that the Bankruptcy Discharge proviso excluded liability in all cases where the cause of death and Closure Act, 1887, Sec. 2, Sub-sec. 3, only required a was poison, whether taken accidentally or not, and that the bankrupt to be refused his discharge when the Court found he defendant company were therefore not liable. had committed an offence under the Debtors' Act in some way connected with or arising out of the bankruptcy in question,
IN THE MATTER OF A SOLICITOR.- Suspension of Solicitors and therefore the offence committed in the present instance
clerk from Practice for Appropriation of Employers' Monies. having been subsequent to adjudication the section did not
-Subsequent Conviction for Embezzlement in Respect of the apply.
same Appropriation.- Whether Subsequent Conviction for
Felony ground for Striking off the Rolls altogether. QUEEN'S BENCH DIVISION.
Increase of Punishment for Same Offence.--Application on BARKER v. HEMPSTEAD.-Costs.- Claim Founded on Con. behalf of the Incorporated Law Society, to strike a solicitor off tract.- Action for less than £50 Commenced in High Court, the rolls. He had been employed by a firm of solicitors as clerk, - Judgment for £45 Obtained under Order XIV.-Leave to and had admitted appropriating to his own use sums received for Defend as to Residue of Claim.- Judgment for Plaintiff for them to the extent of £175. For breach of duty as a solicitor Balance Subsequently.-- Allowance of all Costs on High Court in not accounting to them for those sums, an application had Scale.-County Courts Act, 1888, Sect. 116.-In respect of a been made to a Divisional Court, consisting of Lord Coleridge, claim founded on contract for £47 17s. bs., action was com- L.C.J., and Manisty, J., and, on undertaking to set apart a
portion of his salary to repay the debt, had been sentenced to be the epigram, the wonderful pictures of human nature suspended for eighteen months. A prosecution had in fact then which are given by the author, deserve, demand, and compel been commenced for embezzlement in respect of the same sums, careful, even studious perusal, such as it would be folly though it was not known to the Court or the counsel. This
and an utter waste of time and pains to bestow upon the prosecution resulted in a conviction for the felony, and the solicitor was sentenced to imprisonment. Held (by Pollock, B.,
average mental pabulum supplied from the circulating and Manisty, J.) that there was no absolute rule that a solicitor
libraries. It is, however, pleasant to know that at last convicted of felony should be struck off the rolls, and that inas
the novels of George Meredith are being asked for at much as the circumstances (with the exception of the conviction) Smith's and Mudio's as they never were before, and we were the same as at the date of the former application, the must give a great deal of the credit of this highly salutary Court ought not, in the exercise of its discretion, to impose a and hopeful development of the public taste to the faciliseverer sentence for the same offence.
ties afforded by Messrs. Chapman and Hall to all classes of the community, of familiarising themselves with the
writings of one of the most brilliant novelists of the cenUNDER THE PUMP. tury; an author who is as surely destined to rank amongst
the classic writers of our day, as he has most certainly had
hitherto to possess his soul in patience, content with an Diana of the Crossways ; Eran audience comparatively small in number, but unlimited Harrington; Harry Richmond. By
in their admiration and faith. We commend these volumes George Meredith; new edition; 1 vol. to our readers, and welcome the opportunity of doing each. London: Chapman and Hall, something towards spreading the fame of an author whom Limited.-We referred in a recent we deem one of the very few great novelists to which the issue to the publication of a capital
nineteenth century has given birth. new edition of George Meredith's The Secret of the Lamas. By an anonymous author. works, at the very moderate price of London : Cassell and Co., Limited. One vol. —This thrilling three shillings and sixpence a volume. and fascinating story of adventure in that mysterious and We now return to the subject for the romantic region of India, the Thibetan Mountains, will be purpose of referring briefly to three read with eager delight by all lovers of the picturesque, more volumes of the series, each of the weird, and the marvellous. The author has interwoven which represents a different side of with his vivid descriptions of scenes and events, striking as the author's undoubted genius. The anything in the books of Rider Haggard, a pleasant love versatility alone of Mr. Meredith is story, which develops tragic elements as it proceeds, and so
evidence of a quite exceptional talent, lends a strong human interest to the volume. But the and when to that is added a wealth of language and a chief charm of the book will be found in its powerful des. felicity of expression unparalleled in the works of living criptions of the Lamasery in Thibet, of the Lamas, their novelists, genius itself is the only quality which can justly quaint appearance, strange customs, marvellous occult be accredited to the writer. There always seems to us powers, and generally mysterious and awe-inspiring something of a Carlylean flavour in Mr. Meredith's ter- surroundings. "It is always difficult in works of this kind minology and literary style, especially when he is philo- to draw a hard-and-fast line between that portion which sopbic, analytic, and introspective, but, happily, the gloymy is historically accurate and that which is due to the pessimism of the Sage of Chelsea is not the keynote of the imaginative powers of the author. Suffice it, however, romancist. George Meredith-keen as is his insight into that in The Secret of the Lamas the whole book is full of inhuman nature, subtle as is his interpretation of its various teresting matter, and that whether we accept the revelations moods, utterly merciless as is occasionally his satire- of the awful powers of the Lamas as absolutely correct, or possesses a fine sense of humour, which not only underlies no, the volume itself remains a source of pleasurable exciteeven his most serious pages, but frequently bubbles up and ment to all who like to read of things which, if not superover with absolutely rollicking fun. Above all, Mr. Meredith, mundane in character, are at least of a nature weird and unwith all bis apparent occasional pedantry of diction, is canny to a degree, and such as is not commonly “dreamt essentially of the naturalistic school. His men and of in our philosophy." women are flesh and blood, and if now and then they seem Chronicles of Glenbuckie. By Henry Johnston. Edinto possess a quite unique facility of coining epigrams, burgh: David Douglas.It would be difficult for a writer their conversation is often surprisingly natural, even at its wishful to depict life in a Scottish village at its fullest and wittiest, and, as in the case of Carlyle, while we sometimes
most fanciful to hit upon a period more striking and feel at first almost startled by the rugged, sledgehammer characteristic than that of the third decade of this century. directness, or crisp, quintescent humour of some phrase, Then the strength and weakness, the whimsical humour, we find ourselves admitting a moment later not only that pure devotion, and sturdy faith of the Scotch character the diction used precisely fits the situation, but that it is found full play amid the events which accompanied the positively the only phrase which would be completely and passing of the Reform Bill in 1832, and the Disruption of indisputably adequate—the one possible conjuncture of the Church of Scotland in 1841. The author of Chronicles words in which to body forth a distinct idea. In the three of Glenbuckie describes, with delightful humour and fidelity, volumes under notice we find three distinct sides of the
the typical characters in an Ayrshire hamlet of the author's genius. In Diana of the Crossways we have a period : its high-minded conscientious minister and his perfectly delightful study of brilliant womanhood—the pretty and enthusiastic young wife; its self-sufficient womanhood in which ready wit and personal beauty com- elders ; its whimsical village humourists and fiery Radical; bine to make their possessor a power. In Evan Harrington its honest, thrifty housewives ; its poor, trusting, betrayed we are given pure comedy, the author revelling in the lassie; its uncanny "spae-wife,” or wise woman. From painting of the airs and graces of middle-class ambition,
cover to cover the author gives us not one dull moment. as personified in the Countees Seldon-as perfectly There is no page which is not brightened by some gleam humorous a creation as one can find in contemporary of shrewd Scotch humour, beautified by a pretty descripfiction. In Harry Richmond, again, the atmosphere in tive touch, or humanised by a glimpse into some human which we move is one of high-bred courtesy, tempered by soul with its store of ambition, joy, or despair, as surely the vigorous, not to say volcanic, explosions of the hero's
to be met with in the quiet Ayrshire hamlet as in the wonderful grandfather. We should be glad if considera
crowded city. The Rev. Robert McWhinnie is a delighttions of space permitted us to dwell in detail upon the ful study, and, among the mirth-moving creations of the fascinating character-studies to be found in these delightful author, William Dickie, the senior elder, Robert Simpson, works, but that we are unable to is, in a sense, the highest and Andrew Boles of Whinnyriggs, a jolly_farmer, are tribute which we could pay to the author, for it is due to perfectly irresistible. Jamie Pinkie, the Radical, is a the wealth of brilliant things, to the innumerable host vivid and striking sketch of a political class called into of ideas, that generalities alone can be indulged in. existence by the events of the time, and the sorrows of There is none of the easy writing” which is "d—d Maggie Winlestrae lend the touch of pathos necessary to hard reading" in Mr. Meredith's works. Neither is there
complete the charm of the work. We shall be surprised any "easy reading.". The absolute absence of anything if Chronicles of Glenbuckie does not speedily become a prime approaching "padding;” the brilliancy of well nigh favourite with all who can appreciate that subtle, exquisite every sentence on every page of every volume ; the subtlety, Scotch humour, the taste for which, like that for claret or
olives, has to be acquired, but, once acquired, never again fails.
NEW RULES OF THE SUPREME COURT. Messrs. Cassell and Co., Limited, have just added to
(TAXATION OF Costs), May, 1889. their wonderful little “National Library” of standard
ORDER LXV.-Rule 18. works, at threepence a volume, Aubrey de Vere's The Legends of St. Patrick, which is not only a collection of 1. After the word “rotation" insert “or in such manner delightful verse, but a reverent and dignified study of a or order as the Lord Chancellor may from time to time theme which cannot but add to the refinement and beautifi- direct." cution of life. Noble in theme and cultivated in diction,
ORDER LXV.-Rule 19, B, C, and D. the little volume is a noteworthy addition to the excellent “Library" of which it is the latest example.
2. Rules 193, 19c, and 19D are hereby annulled, and Cásga, by Ivaniona. London : Simpkin, Marshall
the following three rules are substituted therefor :: and Co.-Love, jealousy, intrigue, a private lunatic asylum, directing a taxation of costs shall be drawn up, shall certify
Rule 19B. The proper officer, by whom any order a heroine of snow-white purity and angelic loveliness, a loyal lover, and an unscrupulous rival, help to make up
upon the order the date on which it was signed, entered, the sensational dish which is offered to the public in this
or otherwise perfected. volume in exchange for a shilling: The hercine, Cásga of the order fail in leaving at the office of the
Rule 19c. Should the solicitor having the carriage O'Donnell, is a charming Irish girl, and there is some pretty writing in the story, which on the whole is worth
proper Taxing Master within seven days after the order the money charged for it.
was signed, entered, or otherwise perfected, a copy of it, Chiel and I: Our Wedding Tour, by Both (London : Digby and (annexed to such copy) a statement containing the and Long), is a chatty little unaffected volume about a
names and addresses of the parties appearing in person, Continental tour undertaken ata time when, with most people,
and of the solicitors of the parties not appearing in person, the Inferno itself would be Paradise so long as they were
no costs of taxation shall be allowed to the solicitor so "together."
failing. But it happens that this gossipy couple visited some charming places during their honeymoon tour,
Rule 190. On the copy of the order being left with the and the present volume is the outcome of their pleasant parties appearing in person, and to the solicitors of the
Taxing Master, he shall forthwith send by post to the experiences. Poems, by Arthur Stanley (London : Digby and Long), before which the bills, the taxation whereof is directed by
parties not appearing in person, a notice fixing a date is a modest little volume, showing some poetical promise, the order, shall (with all necessary papers and vouchers) rather than fulfilment-a volume of leaves, rather than fruit,
be left for taxation, and a subsequent date on which the taxation shall be proceeded with.
3. Rule 19F is hereby annulled. LEGAL HONOURS.
ORDER LXV.Rule 27. Regulation 27.
4. So much of Regulation 27 of Rule 27 as follows the Mr. Haden Corser, barrister, bas been appointed a Stipen. word “unnecessary,” is hereby annulled. diary Magistrate for the Metropolis, in succession to Mr. Thomas Irwin Barstow, resigned. Called at the Middle Temple in
ORDER LXV.-Rule 27. Regulation 38A.
5.-(a.) If in any case in which a taxation is directed He has been for some time Recorder of the borough of
with a view to the payment of the costs out of a fund or Wenlock.
estate (real or personal), or out of the assets of a company Mr. GilbERT. GEORGE KENNEDY, barrister, has been in liquidation, the costs shall have been increased by unappointed a Stipendiary Magistrate for the Metropolis, in suc- necessary delay, or by improper, vexatious, or unnecessary ceksion to Mr. George Chance, resigned. Called at the Inner proceedings, or by other misconduct or negligence, or if Temple, in Easter Term, 1870, and joined the Midland Circuit,
from any other cause the amount of the costs shall, in the and the Lincolnshire, Nottinghamshire, and Derbyshire opinion of the Taxing Master, be excessive having regard Sessions. He has been Recorder of the borough of Grantham since 1883.
to the value of the fund, estate, or assets to which they Mr. RICHARD Dawes, solicitor, of 9, Angel Court, Throg. relate, or other circumstances, the Taxing Master shall morton Street, has been appointed by the High Sheriff of the
allow only such an amount of costs as would, in his opinion, County of London (Baron Alfred Charles de Rothschild) to be have been incurred if the litigation had been properly Under-Sheriff of that county for the ensuing year. Admitted conducted, and shall assess the same at a gross sum, and in 1859.
shall (if necessary) apportion the amount among the Mr. WILLIAM RUSTON, solicitor, has been appointed by the parties. High Sheriff of the County of Middlesex (Colonel Edward (6.) If on the taxation of a bill of costs payable out of John Stracey Clitherowe) to be Under-Sheriff of that county
a fund or estate (real or personal), or out of the assets of for the ensuing year. Admitted in 1870. He is Registrar of the Brentford County Court and Clerk to the Twickenham and
a company in liquidation, the amount of the professional Ealing Local Boards.
charges (exclusive of disbursements) contained in the bill Mr. James ANSTEY Wild, jun., solicitor, of 10, Ironmonger solicitor leaving the bill for taxation for drawing and
is reduced by a sixth part, no costs shall be allowed to the Lane, has been elected Registrar of the City of London Court, in succession to the late Mr. Thomas Speechly. Admitted in
copying it, nor for attending the taxation. 1878. The berth is worth £1,000 a year,
6. These Rules shall come into operation on the 1st of Mr. WILLIAM Peed, solicitor, has been appointed by the
June, 1889, and may be cited as the Rules of the Supreme High Sheriff of Cambridgeshire and Huntingdonshire to be
Court, May, 1889, and each Rule may be cited by the Under-Sheriff of those counties for the ensuing year. Admitted heading thereof with reference to the Rules of the Supreme in 1864.
Court, 1883. Mr. WILLIAM JOHN STEWART, solicitor, of Darlington and
May 1, 1889. Spennymoor, has been appointed Solicitor to the Darlington
(Signed) HALSBURY, C. Model Building Society. Admitted in 1880.
COLERIDGE, C.J. Mr. HARRY JEWITT JORDAN, solicitor, has been appointed
ESHER, M.R. Deputy-Coroner for the Stafford Division of Staffordshire.
Nath. LINDLEY, LJ. Admitted in 1886.
Edw. FRY, L.J. Mr. PETER DELME AWDRY, solicitor, has been appointed by
C. E. POLLOCK, B. the High Sheriff of Wiltshire to be Under-Sheriff of that
H. MANISTY, J. county for the ensuing year. Admitted in 1877.
Mr. ANTHONY TEMPLE, solicitor, has been appointed by the High Sheriff of Herefordshire to be Under-Sheriff of that county for the ensuing year. Admitted in 1858.
DURING Mr. Terry's recent indisposition, his part of Mr. GEORGE ROWLATT, solicitor, of Leicester, has been appointed by the High Sheriff of Leicestershire to be Under
Dick Phenyl in Sweet Lavender was so well played by Mr. Sheriff of that county for the ensuing year. Mr. Rowlatt is
Prince Miller that, in commemoration of same, he has deputy-clerk of the peace for Leicestershire. Admitted in presented the latter gentleman with a gold pencil-case with 1871.
suitable inscription, accompanied by a letter of thanks.
IS TAXATION A FAILURE ? might even hope that the days of codification were at
The objections to the proposed reform seem to be singu
larly few. The client would be protected againstthe risk of IV.
entering into an improvident agreement by the clauses in The remedy suggested for the state of things that we the Act of 1881, which provide that the agreement have sketched is neither heroic nor far to seek. The Legis- should in all cases be in writing, and should be liable to lature have already, by passing the Solicitors' Remuneration revision by the Taxing Master. The last-named official Act of 1881 concurrently with the Conveyancing Act, recog- would be freed from much wearisome and useless drudgery. nised the fact that the length of legal documents is never Hence he would be at liberty to bring the experience likely to be reduced until lawyers cease to have a direct which he had acquired (either before or after his elevation) pecuniary interest in verbosity. If anything were wanted to bear upon the question of whether the remuneration to justify in this particular the prescience of the learned sought for was or was not fair, rather than upon the authors of these Acts, it would be found in the circumstance conformity with precedent of a mass of petty charges. It that of all the Acts which have from time to time been is probable also that the proposed change would bring passed for the improvement of conveyancing, the Act of 1881 about an increase instead of a diminution in the gains of isthe only one that has had any effect towards the shortening the legal profession. Every successful attempt to cheapen of deeds. But the system introduced by the legislation of litigation has hitherto led to an increase in the number of 1881 (viz., the substitution for the detailed bill of costs of actions brought; and the timely knowledge of its limit an ad valorem commission on the amount of money changing might tend to lessen that fear of a lawyer's bill which hands) is clearly incapable of much extension. It might Mr. Escott in his "England” declares to be chaindeed be applied to such instruments as marriage and racteristic of the English layman. The solicitor would other settlements by a process similar to that by which also be exposed to less risk of making bad debts, the death duties are calculated, but this appears to be and freed from the necessity of spending much time and the limit to which its applicability could be stretched. Its money in the manufacture of his lengthy bills. importation into contentious business would be for many Yet it is impossible not to feel that all this is but as the reasons undesirable, and would seem likely to trench upon voice of one crying in the wilderness. The subject is not the ground occupied by the mystical offence of champerty.” one that lends itself easily to platform oratory. The pro
We are therefore thrown back upon the only alternative posed measure could not by any possible ingenuity be held to the present system which the law has yet recognised. out as one for the benefit of the English working man or the This is to be found in those clauses of the Solicitors' Re- Irish tenant. Vacuiviatores indeed are they who can sing with inuneration Acts which provide that a solicitor may agree the same freedom before a lawyer as before a landlord. It with his client to perform any specified work in considera- would only act as a relief to the long-suffering and muchtion of a fixed sum. This provision is not only so eminently abused upper and middle classes, who, while paying the reasonable, but so exactly fitted to the needs of the case, greater part of the taxation of the country, seem likely to that we may well wonder how it escaped on its re-enactment be deprived of any but a small share in its government. the amending zeal of the advanced section of the Liberal Can we expect that an enlightened House of Commons party. Unfortunately the authors of the Act of 1870 in should turn its attention from the consideration of such which it first appeared did not go far enough. With the important questions as the treatment of imprisoned dematouching trust in the better instincts of our imperfect gogues and the salaries of the clerks in the T'in Tax Office, nature that so distinguished the first Reformed House of to the investigation of anything at once so nauseous and, Commons led by Mr. Gladstone, they actually left it to the from a party point of view, so unprofitable as the taxation solicitor, and not to the client, to choose the mode in of bills of costs ? which remuneration should be assessed. The result does more honour to their hearts than to their heads. Almost
« EXTRAS” the first question which the ordinary client asks his
IN BUILDING CONTRACTS. solicitor when he determines to embark
All persons, individual or corporate, who are not under sea of litigation is, “What are the costs likely to be?" any legal disability, may grant building leases for such terms, and the invariable answer is that, “It is quite impossible and subject to such conditions and restrictions, as are not to say." What did the Legislature expect? Is it not in inconsistent with the nature and quantity of the estates vain that the snare is set in the sight of any
bird ? Does which they have. By the Municipal Corporations Act, not the solicitor know that if the bright vision which floats 1882—reproducing the provisions in the Municipal Corpobefore his eyes of attendances, instructions, and the rest rations Act, 1835– it is enacted that building leases and of it, falling “Fast as autumn rains, flash in the pools of contracts for building leases for any term not exceeding whirling Simois," could be shared by his client, the victim seventy-five years may be made by the council of any would revoke bis fatal determination, and flee away upon borough" of tenements or hereditaments, the greater part his feet? Is it, therefore, surprising to find that the of the yearly value of which, at the date of the lease or solicitor does not generally mention to his client that he is agreement, consists of any building or buildings, or of enabled by law to agree upon a fixed charge, and that, in land proper for the erection of any houses or other buildthe vast majority of cases, costs continue to be entered, ings thereon, with or without gardens, yards, curtilages, concocted, and paid upon the old system ?
or other appurtenances to be used therewith, or where But if this defect were to be corrected; if the solicitor the lessee or intended lessee agrees to erect a building or were to be compelled by law to state to his client the sum buildings thereon of greater value than the land." Longer for which he was willing to undertake the business on terms may, of course, be granted by consent of the Lords which he was consulted ; if it were further provided that the of the Treasury. The local authority, under the Artizans' agreement to pay the sum demanded should be evidenced Dwelling Act, has power to grant leases under certain conand subject to revision by the Taxing Master in the ditions.
The local authority under the Public Health Act, manner specified by s. 8 of the Act of 1881, is it not 1875, may let any lands which it may possess for any term; plain that the benefit to the community would be immense ? and the County Council, under the Local Government Act, We should then hear no more complaints from successful 1888, has similar powers of dealing with lands and tenesuitors whose Pyrrhic victories have been
at ments. the expense of fabulous “ extra costs;" nor would the Incidental to such powers as those to which we have victims of adverse decisions again be forced to dread less been referring, is the relation of local authorities-using the charges of their own defenders should consum; the the phrase in its widest sense—to contractors, builders, and little store that the mercies of judge or jury have left to architects. Local authorities or public bodies are bound them. Nice points of law would be settled at the expense by practically the same rules of law in the enforcement of of those only who could afford to raise them, and the their building contracts. Thus, in Thames Iron Works Coneexpenditure in counsel's fees and other "out of pany v. The Royal Mail Steam Packet Company, 31 L.J.C.P. pocket" channels would be speedily reduced. In time it 169, where a contract for the building of certain steamships might even come to pass that legal documents would lose provided that no extra work or alterations should be much of their mysterious obscurity, and legal phraseology charged for unless they were previously authorised in a might cease to be a language not understanded of the particular manner, it was held that that provision, if not people. If such a state of things were ever to occur, we legally waived, must be strictly followed, in order to enable