REPORT

OF THE

sion to the Profession is merely a Money Test,' as to the payment of certain Fees and Stamp Duties, the only mode of ascertaining the acquirements of the intended Apprentice being limited to

INCORPORATED SOCIETY OF THE ATTORNEYS his making a most vague and unsatisfactory Affi

AND SOLICITORS OF IRELAND.

(Concluded from page 7.)

davit that he has been at certain schools, and was instructed in the usual manner' in such and such books, but without affording any evidence or proof as to the advantages he has derived therefrom.

"At the General Meeting of this Society, held "In furtherance of the wishes of the Society, as after last Easter Term, the subject of certain pro- expressed in the Resolution which was passed at posals made by solicitors in England to members of the General Meeting, held in the month of May the Profession in Ireland to become agents in car- last, your Council had a communication with the rying on suits in this country upon receiving agency Moral Examiners of the Three Law Courts on the charges and a participation of the profits, was again subject, whose opinions appear in favor of an im brought under the notice of the Society, when, after proved system both of qualification and examinaconsiderable discussion, it appeared to be the ge- tion; and in pursuance of a further Resolution, neral feeling of the Meeting that steps should be adopted at the General Meeting of the Society, again taken by this Society to put a check to what held in the month of June last, your Council, on appeared to be not only objectionable in practice the first day of last Michaelmas Term, presented and injurious to the interests of the Profession in a Memorial to the Lord Chancellor, the Judges, this country, but likewise involved a serious in- and the Benchers, seeking to have the recommenfringement of statute law; and under such impres-dations contained in the Parliamentary Report of sion, a Resolution to the following effect was entered into, which your Council was requested to have published with their Report, and which Resolution they trust will meet the approval and cooperation of their brethren, and be acted upon by the Profession, as a body, in both countries:

25th August, 1846, on the subject of Legal Education, carried fully into effect, and they have since received an intimation from the Under Treasurer of the King's Inns, that the Memorial in question has been referred to the Education Committee of the Benchers of that body for their consideration and report.

'Resolved-That having every desire to co-operate with our professional brethren in England in any proposal that "Some cases of great hardship have been subshould be considered conducive to the elevation of the cha-mitted to the Council of your Society for adjudiracter of our Profession in each country, but being adverse to any arrangement which would tend to destroy that independence of character so absolutely necessary to the honorable discharge of the duty which we undertake on being admitted Members of the Profession in Ireland (even if we did not consider ourselves bound by law so to act), we express our unqualified opposition to any such proposals being acquiesced in, and pledge ourselves, as a body, not to enter into any such arrangements, directly or indirectly; and that for the purposes of carrying out the above object, the Society pledges itself to bring before the notice of the Profession generally every case of the kind which is brought to their knowledge, and that the Council do take all legal

means to put a stop to the practice.'

And your Council are enabled to state, that our brethren in England, upon due consideration of the subject, have very generally acquiesced in the view thus taken by this Society.

cation, by Members of both branches of the Legal Profession, with respect to the subject of retaining Counsel, and in one instance where a very eminent Member of the Bar had accepted a Brief for a Defendant, and after having made himself acquainted with its contents, discovered that he had been previously retained by the plaintiff, who, notwithstanding what had occurred, insisted on his acting for him. The Counsel in question proposed to be guided by the opinion of the Council of this So ciety, and on being informed that it was the opinion of your Council that (assuming that he had read the Defendant's Brief, and was therefore acquainted with his case) he should not hold a Brief for the Plaintiff, the gentleman in question, having previously taken a Retainer for the Plaintiff, conceived he could not properly act for the Defendeither party. Other cases of a similar kind have come to the knowledge of your Council, which would render it a matter of very great importance to both branches of the Legal Profession to endeavour, if possible, to have some clearly-defined rule established on the point, as cases of very great hardship both to Solicitors and their Clients (and in some instances to the Members of the Bar) do frequently occur, and which might possibly be guarded against if the attention of the Bar were specially directed to the subject.

"Your Council have carefully considered various communications made to the Society in rela-ant, and therefore declined being concerned for tion to proposed improvements in the Education and Examination of persons intending to become Apprentices, which they deem to be a most important subject, and one which has long called for reform to remedy the present system, which has been truly pronounced by the Parliamentary Report of the Select Committee of the House of Commons on the subject of Legal Education, to be most defective and insufficient.

"It may, therefore, be asserted as a general fact, that the Apprentice is left almost solely to his own individual exertions, industry, and opportunities, and that no suitable Legal Education, worthy of the name, is at this moment afforded him, and that the present test of fitness for admis

"With respect to your Society's Funds, your Council have endeavoured to keep the Expenditure within the limits of the Receipts, but a claim has been made with respect to some outstanding ac

counts for repairs and works done to the Solicitors' Buildings, which your Council consider should of right be discharged out of the Funds of the King's Inns (to which all the Members of our Profession have so long and so largely contributed), and for that purpose they would suggest that a Special Application should be made to the Benchers on the subject, representing that this Society has no Funds at its disposal applicable to such purpose, and respectfully suggesting that steps should be taken by the King's Inns to have the Solicitors' Building placed in the same position, with respect to its maintenance and repair, as is the case with regard to all the other Buildings in connection with the Courts, and which are placed under the Board of Works, and maintained at the public expense, and are under the constant superintendence of the Architect of that Board, whose duty it is to have all such matters properly attended to at all times as occasion may require.

of his client's estate, being retained by a lender to prepare a security for money to be advanced to the client on such estate, is bound to inform such lender of the existence of his own lien.

REMUNERATION OF SOLICITORS. SUGGESTIONS OF THE COUNCIL OF THE INCORPO

RATED LAW SOCIETY.

(From the Appendix to the Annual Report.) THE mode in which solicitors are now paid gives them an interest in opposing improvement, and in continuing antiquated forms and technical modes of proceeding; in fact, to use the words of the late Lord Langdale, it makes it "almost compulsory upon the solicitor, in his own defence, to put his client to very great and unnecessary expense, for services in respect of which he cannot otherwise the purpose of obtaining some remuneration for make a lawful demand." Such a system, so far as it is allowed to influence the Profession, tends to separate the interest of the client from that of the solicitor in every stage of his employment. On the one hand, the interest of the client is to have his business completed as quickly and with as few technical forms as possible; on the other, the inter

"Your Council regret having occasion to reiterate the complaints which have so frequently been made by their predecessors in Office, of this Society not being supported by the Profession to the extent which might reasonably be calculated on, when the advantages which it affords are to be obtained on such moderate terms, and its utility is so fully ad-est of the solicitor is to create delay and to multimitted by the Members of the Profession, many of whom, although they have never joined the Society, have nevertheless sought to have their grievances redressed through its agency, and in some instances have even gone the length of appying for aid from its Funds for that purpose."

LAW OF COSTS.

An interesting case on this subject was last week reported from the H. of L. In Gray v. Graham, (26 L. T. Rep. 111,) the following points, which every practitioner should note, were determined. They are so clearly stated by Mr. Paterson, that we give them verbatim:—

1. Where a solicitor has a lien upon his client's deeds for costs incurred by him, and the client upon application refuses to pay those costs, and the solicitor is driven to bring an action for them, the lien extends as well to the costs of enforcing the bill of costs as to the costs incurred by the client himself. 2. Though a solicitor who has a lien for his costs on his client's deeds, has in an action for the untaxed bill of costs obtained judgment, and thereafter acquired the rights of a real creditor, yet in a question between the solicitor and other real creditors having otherwise a prior security on the same estate, the latter are not precluded even after the lapse of a considerable time from insisting upon taxation of the bill of costs.

3. Where a solicitor has a lien in respect of his costs over all the title-deeds of his client, the client having several estates, the solicitor, in parting with the title-deeds of one of those estates, does not lose his lien in the proportion which the value of such estate bears to the value of the whole estates, but he preserves the lien entire upon the remaining

estates.

4. A solicitor, having a lien upon the title-deeds

ply and lengthen forms, in order that by these
would be remunerated inadequately, if at all.
means he may be paid for services which otherwise

It is now nearly fifteen years since the solicitors
commenced their efforts to alter a system of remu-
neration which they feel to be so objectionable.
In December 1840, at the desire of Lord Langdale
(then Master of the Rolls and their official chief),
they drew up some suggestions for improving the
system of remuneration. The principal of these
suggestions was the constitution of a taxing board
invested with a most extensive and summary juris-
diction, and with discretion to apportion remunera-
tion according to the nature and importance of the
business transacted, to the skill and labour be-
stowed upon it, and to the responsibility incurred
by the solicitor. These views met the entire ap-
probation of Lord Langdale, and, it is understood,
of Lord Lyndhurst, the then Lord Chancellor;
and with the concurrence and assistance of the so-
licitors the six clerks' office was abolished, the of-
fice of taxing master was instituted, and the charges
of solicitors, for conveyancing business, were made
liable to taxation, by which it was designed that
the improved discretionary system intended to be
introduced should be made uniform and applicable
to every kind of legal business, and that all the
professional acts of solicitors should be under the
summary control of the judges. The communica-
tions with Lord Langdale, recently printed by the
Incorporated Law Society, fully bear out the fore-
going statement, and show that, from the first, his
Lordship assured the solicitors, that "if it should
appear that any important improvement in the
practice and proceedings of the court would inju-
riously affect the fair emoluments of professional
men," they might rely on the court for giving "just
remuneration to counsel and solicitors for services
truly rendered by them to their clients."
(To be continued.)

12

FINAL NOTICE TO CLAIMANTS.

INCUMBERED ESTATES COURT.

In the Matter of the Estate of
John White,

Charles Albert Creery,
and Frederick Agee,
Trustees of the Will of
Henry Hardy,
Owners; Ex parte
Edw. Dawson Atkinson,

Petitioner.

LL Parties interest

Adare hereby required to

TAKE NOTICE, that the Com. missioners have Sold Part of the Lands of Dromart, otherwise Dru. mart, situate in the Barony of Oneiland West, and County of Ar. magh, and that the Draft Schedule of Incumbrances is now lodged in the Office of the General Clerk of this Court, and if any person have a claim not therein inserted and admitted, or any objection to said Sche. dule either on account of the amount or priority of any charge therein mentioned as due to him or any other person, or because he claims any lien on the purchase money or otherwise. Notice is hereby Given that a statement, duly verified, of the particulars of such claim, objection, or lien, must be lodged by such person with the General Clerk of this Court, on or before the 22nd day of January next; and on the following Monday, the 28th day of January, at the hour of Eleven o'Clock, Mr. Commissioner Hargreave, Q.C, will give directions for the final settlement of said Sche. dule. And all persons interested are hereby further required to take Notice, that within the time aforesaid any person may file an objection to any demand contained in said Schedule. Dated this 14th day of December. 1855.

ROBERT K. PIERS,

Notice Clerk.
EDW. DAWSON ATKINSON, Solicitor, 15, College-green, Dublin

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85

87

........

98

COURT OF EXCHEQUER—Continued):

NERWICH V. GREGORY. Practice Consent for
judgment-Costs-Nolle prosequi-3 & 4 Vic. c.
105, s. 58.........
PROSSER V. CUDDY. Practice-Change of venue
-Common Law Procedure Act............
CALDWELL V. BOARD OF WORKS. Motion for
leave to institute an action against the Secretary
to the Commissioners of Public Works in Ireland
—1 & 2 W. 4, c. 33, s. 91—16 & 17 Vic. c. 113,
sec. 15.........

103

105

106

GRAY V. HANDCOCK. Practice-Defences framed
to embarrass-Bill of exchange-Common Law
Procedure Amendment (Ireland) Act, sec. 83.... 108
FARIS V. ROSS. Practice-Defence framed to em-
barrass-Bill of exchange-Common Law Proce-
dure Amendment (Ireland) Act, ss. 70, 83......... 109
CONSOLIDATED CHAMBER:

MILLER . O'BRIEN AND PIGOTT. Practice-Sub-
stitution of service-Sufficiency of affidavit of
service of process-16 & 17 Vic. c. 113, s. 34.... 109
M'CLOREY V. Reid (Cle.) anD M'MINN. Prac-
tice-Application to set aside defence as double,
ambiguous, and framed to embarrass-16 & 17
Vic. c. 113, 85. 61, 68, 71, 83-45th and 179th
General Orders, (1854)........

111

WE direct the particular attention of the attorneys the 12th Oct. 1843, wrote to his Lordship, reto the case of Reg. v. Turner, (26 L. T. Rep. 150), in which it was held by the Court of Ex. that an attorney's bill, delivered under the statute, must state whether the business done was in a court of equity or in a court of law, and if in both, that it must show in which court the business charged for was done, "as it must be considered," says the judgment, "that an attorney's bill is addressed to a person presumably ignorant of the law, and ought to convey reasonable information, in order that he may know exactly in what court the business was done, because the rules of taxation are different.-Law Times, Dec. 1855.