« AnteriorContinuar »
Practice at the Judges' Chamber.Questions at the Examination.
a simple contract debt can be brought have ex
pired, and the defendant should plead the StaWoods v. Speller. 21st April, 1847.
tute of Limitations, will a verbal promise,
given within the limited time, be sufficient to This was a summons to stay proceedings on enable the plaintiff to recover, or must he be payment of debt and costs. The action was prepared with any and what further evidence ? brought on a bill of exchange, and concurrently
If several defendants are partners in trade, is with the action the defendant was served with a it necessary to serve each with a copy of the notice in bankruptcy under the 5 & 6 Vict. writ of summons ? c. 122, s. 14, and the question upon the sum
If the defendant keep out of the way to avoid mons was, whether the defendant was liable to personal service of a writ of summons, are there the costs of the proceeding in bankruptcy. The plaintiff relied upon his right to proceed any and what means by which to compel an
appearance? in bankruptcy as well as at law, and hence his
Within what time after service of a writ of equitable title to the costs of the latter as an auxiliary proceeding which a judge would writ the day of the week and month of such
summons is it necessary to indorse on such recognize in refusing to stay the proceedings service? If such indorsement be omitted, what on such an application, unless on payment of is the consequence to the plaintiff? those costs. The defendant contended, that as the act had defendant under the provisions of the act for
When it is now sought to arrest or detain a not provided for the costs of the proceeding in the abolition of arrest on mesne process, what bankruptcy, which was distinct from the
action is essentially necessary to be stated in the at law, and unconnected with it, there was no
affidavit? power in the judge to order the payment.
In what cases must the declaration be filed, Mr. Baron' Alderson reserved his judgment, and in what cases must it be delivered? and after consultation with Mr. Justice
Writ served in any term or vacation, within Coleridge, ruled that, inasmuch as the law. had what time should the plaintiff declare to prevent provided two distinct remedies, the plaintiff judgment of non pros? had a clear right to proceed on both, and if he
Where a defendant is advised to plead more did so with reasonable and probable grounds, than one plea, what steps must he take ? he should in fairness be allowed his costs of
If you are in possession of a document which both proceedings; and his lordship therefore refused to make the order, unless the defendant be justified in incurring the expense of taking
you intend to produce at the trial, should you consented to pay the costs of the proceeding in a witness to prove it? or is there any other way bankruptcy.
of avoiding the expense? Order drawn up accordingly.
In what case is a registration of judgment Rhodes and Lane attorneys for the plaintiff
. necessary ? and what advantages attend the Bartley and Southwood for the defendant.
doing so ? and for different purposes, how
should the same be registered ? QUESTIONS AT THE EXAMINATION. After what time must a judgment be revived,
and by what process ?
State the different denominations of estates
in land in point of tenure and of duration ? Where, and with whom did you serve your
What words will create or pass a fee simple clerkship?
estate in a will or a deed respectively? And State the particular branch or branches of as to a will, what difference in this respect is the law to which you have principally applied made by the recent statute for the Amendment yourself during your clerkship.
of the Law as to Wills ? And what are the Mention some of the principal law books requisites to the executing a will since that which you have read and studied.
statute ? Have you attended any and what law lec- Describe generally the nature of copyholds, tures?
and how conveyed inter vivos. The like as to II. COMMON AND STATUTE LAW, AND
What are the rules of descent as to fee simple PRACTICE OF THE COURTS.
estates, both freehold and copyhold ? State some of the principal kinds or forms of What is the date of the Statute of Uses, and action at common law.
what its principal enactments ? What is the meaning of a local and a tran. What is the nature of the conveyance by sitory action? What actions are local and what lease and release, feoffment, and bargain and transitory?
sale enrolled, respectively? What promise to pay the debt of another will Who is the protector of a settlement made be sufficient to found an action upon?
since the Statute for the Abolition of Fines and If the acceptor of a bill of exchange refuse Recoveries took effect, and who of a settlement payment of it when due, is any and what step made before that period ? necessary before you can sue the drawer or What description of instrument is now neindorser?
cessary for the disentailing of lands, and within
Questions at the Examination.
7 what period must it be enrolled, and where ? to abscond without answering, what mode of And is any reference to the statute, or to the proceeding is to be adopted in such a case ? purpose for which the deed is made, necessary State the object of a bill to perpetuate the in a disentailing assurance ?
testimony of witnesses ? How does a married woman convey her What is the intention of a show-cause warestate in freeholds since that statute, and what rant usually taken out before the master preare the requisites ? Does the statute apply to pares his report? and when must it be taken the equitable as well as legal estate of a married out? woman, or to leaseholds for years?
What is the effect of enrolling a decree? What are the requisites of a deed, and what| v. BANKRUPTCY AND Practice of the further should be aitended to on the execution
COURTS. of a power by deed or other writing?
What deeds or instruments respecting land What are the preliminary inquiries which the in Middlesex require registration under the solicitor ought to make before he can be sure statute, and what are excepted ?
that, if a fiat be issued against a person whom What was the form of conveyance of free- it is wished to make a bankrupt, it can be supholds of inheritance to prevent the attachment ported ? of the purchaser's wife's dower before the sta
What are the different steps to be taken untute of William the Fourth? Is it now ever der the fiat up to the time of the adjudication. necessary, and in what cases ?
Enumerate the different acts of bankruptcy. What created the necessity of the estate, for
What course can an intended bankrupt take merly limited to trustees, to preserve contingent if he wishes to dispute the bankruptcy? remainders ? Are such estates now unnecessary, and what course must he parsue with that ob
Can a trader get himself made a hankrupt, and why?
Can a husband convey his wife's reversion-ject ? ary leaseholds for years with or without his
What is the usual course of proceeding at the wife, or her revertionary portion payable out of second meeting under the fiat land, freehold, or leasehold for years, and how?
you give any examples of debts not due What is the effect of the Statute of Mort- at the time which may be good petitioning cremain ?
ditors' debts? Can you give any examples of
equitable debts which may be good petitioning IV. EQUITY AND PRACTICE OF THE COURTS. debts ? A person conveys his estates to trustees upon
If a creditor who holds security wishes to trust to sell and apply the proceeds of the sale prove his debt, what course must he take to in discharge of all his bond debts, and the in- entitle himself to prove ? Must he take the terest then due, and to grow due thereon, up
same course if he holds bills of exchange as to the day of payment. Upon taking the ac
security ? count, it is found that the principal and inter
What is meant by fraudulent preference ? est upon some of them exceed the penalty of
Does the certificate of conformity discharge the bonds. In this case are the obligees en- the bankrupt from all liability? If not, what titled to the excess? If not, state the reason is the nature of the claims for which he may why.
continue liable, notwithstanding his certificate? Where a legacy is charged on real and per. of a third party become distributable under a
Under what circumstances may the property sonal estates, and the legatee dies before the day of payment, how is this legacy treated ?
fiat against a trader? From what time does the interest of a legacy, actions and suits, and to refer to arbitration or
Have assignees the unlimited power to bring given by a parent to a child, commence ?
If an annuitant under a will dies before the compromise ? If not, what is required to auday of payment, is any portion of the annuity thorize a suit, arbitration, or compromise ?
thorize an action being brought, what to aupayable in that case?' and under what authority?
If an action be brought by assignees against What responsibility does a mortgagee incur any third party, can such third party dispute by entering into the possession of lands mort- the bankruptcy, and in what manner? and if gaged to him?
disputed, what must the assignees prove as to In what order are the assets of a testator ap
the bankruptcy? plied in payment of his debts ?
If a bankrupt be a lessee under a lease for What is the effect of the Statute of Limita- years, what course must the assignees pursue tions on a legacy or annuity ?
as to either adopting or disclaimụng the lease? If a feme covert have rights opposed to those And if the assignees do not adopt the lease, claimed by her husband, and which she wishes what right has the bankrupt as to the lease? to enforce, how must she proceed to do so ?
What is the mode of appealing from the deWhere husband and wife are defendants to a
cision of a commissioner, and to whom does the suit, how does the death of the husband affect appeal lie? and to what higher tribunal is there the suit ?
any further appeal? And under what circumIn what case is the answer of a defendant stances ? evidence for himself?
VI. CRIMINAL LAW AND PROCEEDINGS BE-
Questions at the Examination.-Admission of Solicitors.—Analytical Digest. murder, manslaughter, burglary, housebreak
ANALYTICAL DIGEST OF CASES, ing, riot, and conspiracy.
REPORTED IN ALL THE COURTS. Under what age is an infant considered in law absolutely incapable of committing felony, and up to what age is he presumed to be so in
Law of Attorneys. capable? What is the meaning of a principal in the
ADMISSION IN INFERIOR COURT. first and in the second degree? and of acces- Roll of the court.—The Lord Mayor's Court saries before and after the fact ? Can there be in London is an inferior court within the meanaccessaries in any other offence than felony? ing of the 6 & 7 Vict. c. 73, ss. 2 & 27, and
If goods are stolen in one county and carried therefore an attorney of any of the superior by the thief into another, in which county may courts may claim to be admitted as an attorney he be indicted ?
of that court, on signing the roll thereof. The Where goods of a person who has died in- fact that the Lord Mayor's Court has no roll testate are stolen, in whom should the property does not exempt it from the operations of the be laid, and is there any and what distinction statute. in that respect whether the property be stolen The obligation to have a roll is, under the before or after the granting of letters of admi- 6 & 7 Vict. c. 73, s. 2, imperative on all the innistration ?
ferior courts of the kingdom. The Queen v Upon what principle are the dying declara- The Mayor and Corporation of the City of tions of a murdered person received in evidence, London, 33 L. 0. 502. and subject to what limitation ?
And see Articled Clerk. What is the nature of an inducement which will render the confession of a prisoner inadmissible in evidence against him?
1. A barrister cannot qualify as such.-A In what cases is it necessary that an offence person who has served an attorney under should be proved by more than one witness?
articles of clerkship, being at the same time a On an indictment for felony, what is the barrister, cannot claim to be admitted an ateffect of a previous conviction for felony? In
torney in virtue of such service, although he what manner and at what period of the trial has been disbarred before making the applicamust such previous conviction be proved ?
tion. Bateman, exparte, 6 Q. B. 853. In what cases is a defendant in an indictment found at the assizes or sessions entitled to tra
Case cited in the judgment: Exparte Cole, 1 verse such indictment, and to what period in
Doug. 114 either case?
2. Notice.- When a party had given regular Where several persons are indicted for a notices of his intention to apply to be admitted joint misdemeanour, and one or more desire to as an attorney on the first day of Hilary Term, take their trials immediately and others to and it appeared that on the second day of traverse, what is the practice with respect to Michaelmas Term an offer of partnership from the time of trial ?
the London agents of the firm to which he was Under what circumstance can an order of articled had been made, provided he could get justices be procured for the removal of a pauper admitted by the last day of that terin, the court, from one parish to another?
on motion, on the fourth day of Michaelmas Can a wife residing with her husband in a Term, ordered, that on his giving fresh notices parish be separately removed from thence in referring to the former notices and the present
rule, he should be examined, and if of ability, At what sessions must an appeal against a admitted the last day of that term. Cuncliffe, poor-law order of removal be preferred and exparte, 3 D. & L. 348. tried ?
What constitutes such a residence in a parish as will confer a settlement there?
See Taxation, 2.
BILL OF COSTS.
should be entitled in a cause or court, if from The Master of the Rolls has appointed ascertained in what court and cause the busi
the bill taken altogether, it can be reasonably Wednesday, May 5th, at the Rolls Court, Chan
ness has been transacted. Martindale v. cery Lane, at a quarter past three in the after- Falkner, 3 D. & L. 600. noon, for swearing solicitors.
Cases cited in the judgment: Lewis v. PrimEvery person desirous of being sworn on the rose, 6 Q. B. 265; Jones v. Randall, 1 Cowp. above day must leave his Common Law Ad
37 ; Frowd v. Suillard, 4 C. & P. 51. mission or his Certificate of Practice for the See Signed Bill. current year at the Secretary's Office, Rolls Yard, Chancery Lane, on or before Tuesday, 32nd Order, 1845.—The court will not apMay 4.
point the solicitor of the wife guardian for her husband under this order; nor give any direc
any case ?
NEGLIGENCE OF SOLICITOR.
Analytical Digest of Cases : Law of Attorneys.
9 tions for his being employed as the solicitor for
SIGNED BILL OF COSTS. the husband. Biddulph v. Lord Conroys, Under the Solicitors' Act, (6 & 7 Vict. c. 73,) 32 L. 0.372.
the client may obtain an order for the taxation
of a solicitor's bill which has been delivered INFERIOR COURT.
without signature, &c. See Admission.
In general, it is an objection to an order of
course for taxation, that it contains a direction, Production of documents.-One of two de- on payment of the bill which the order itself fendants, who, by their answer, admitted that directs to be taxed, to give up more papers than documents were in their possession, having, the solicitor is bound to give up. But, under with his partner, as solicitors, a lien on those the peculiar circumstances of this case,
such an documents for costs, the court declined to order order was held not irregular. Pender, in re, the defendants to pay those costs in order to 8 Beav. 299. facilitate the production of the documents.
STRIKING OFF THE ROLL. Wroughton v. Barclay, 33 L. O. 477.
The court will entertain an application to
strike an attorney off the roll for alleged proSee Taxation, 6.
fessional misconduct, although the facts adduced in support of the charge disclose evi.
dence sufficient to sustain an indictment. In A bill will not be allowed to be amended re
33 L. 0. 141. after great delay, on the ground that the delay was owing to the negligence of the solicitor, and the plaintiff had in consequence changed 1. Agreement to pay costs.—A person liable his solicitor. Clarke v. Mayor, 8-c., of Derby, to pay a solicitor's bill under a general agree33 L. 0. 165.
ment to pay all the costs of a certain transac
tion, may have the bill taxed under a common NOTICE OF ADMISSION.
order. Principle on which taxation must be See Articled Clerk, 2.
conducted where the solicitor was not employed
by the person applying to tax the bill. In re PAYMENT TO SOLICITOR.
Wallace, 33 L. 0.112. The sum of 691. stock and 81. cash stood to
2. Attachment.-- Where an attorney obtains the account of a certain party who was resident abroad : and on an application on his behalf, under the 6 & 7 Vict. c. 73, s. 43, he cannot
an order for the taxation of his bill of costs, the money was paid to his solicitor, the solicitor and another undertaking that the same should proceed by attachment without first obtaining be properly applied. Armstrong v. Stocken, be due. Woodhouse, in re, 2 C. B. 290.
an order for payment of the amount certified to 33 L. 0. 405.
3. Disability of outlaw to tax.-An outlaw PRIVILEGED COMMUNICATION. cannot, for his own benefit, move to have his See Production of Documents.
attorney's bill taxed.
So held, where the outlaw was administrator, PRODUCTION OF DOCUMENTS.
with the will annexed, by which all the personal Professional confidence.--A solicitor cannot estate was bequeathed to him, subject to payrefuse to produce papers to a party originally ment of the debts, &c., and one of the bills interested in them, on the ground of the profes- which he sought to tax related to business done sional confidence subsisting between himself for himself and the testatrix jointly, and the and a third party also interested in those other to business done for the testatrix alone, papers.
Mander, in re, 6 Q. B. 867. A letter written to a solicitor inclosing 4. Irregularity.—A solicitor was employed another letter which the writer requests the so- by two persons, A. and B. An order of course licitor to send in his own name to a third party for taxation was obtained by A. alone, on the is not protected by the professional confidence allegation that the solicitor was employed by A. subsisting between the solicitor and the writer. It was discharged for irregularity. Perkins, in Reynell v. Spry, 33 L. O. 210.
re, 8 Beav, 241. And see Lien.
5. Joint liability.- Where three parties are
jointly liable to a bill of costs, and a judgment See Taxation, 10.
is obtained for the amount in an action against one, the other two are not precluded by such
judgment from obtaining an order to tax. In See Admission.
re Hare, 33 L. 0.550.
6. Jurisdiction.—Costs.- To obtain the taxSHERIFF'S COURT.
ation of a bill of costs after payment, the petiAttorney.-Witness.- Where an attorney con- tioner must allege and prove specific items of ducts a civil cause at a trial before the under- overcharge, even if the payment has been sheriff, as advocate, and makes a speech to the made under protest and upon pressure. Upon jury on behalf of his client, he cannot give evi- a petition for taxation, the court has no jurisdence in the cause, and if he does, the court diction to determine the construction of a diswill grant a new trial. Stones v. Biron, 33 puted special contract as to the costs.
The court, though it refuses the prayer of a
ROLL OF ATTORNEYS.
L. 0. 141.
Analytical Digest of Cases, Superior Courts : Lord Chancellor.
summons to review the taxation was taken out,
be taxed on the lower peal from this decision to the court. Stretton,
1. Where an attorney arranged terms for the
the debt and costs, which the defendant signed, 9. Payment under protest.-Payment of a bill and also gave his own undertaking to guarantee of costs under protest, or the circumstance of the payment of the note with interest: Held, there being overcharges, is not alone sufficient that this was an undertaking given in his chato induce the court to order a taxation after racter of attorney, although he was not the payment; nor is it a sufficient ground that the attorney in the action, and it was sworn by him bill contains charges which would not be al- that he was not acting as attorney for the delowed between a mortgagor and mortgagee, if fendant, and that he had not made any charge, they are proper charges as against the mort- or been paid anything for his services. Fairgagee. In re Harrison, 33 L. O. 404.
thorne, in re, 3 D. & L. 548, 10. Retainer.-Order of course.- Costs.-In Case cited in the judgment: In re Gee, 2 D. & equity the client, in prosecuting the common
L. 997. order for taxation, may object, on the ground 2. It is no objection to a rule calling on an of want of retainer, to any items of the bill, ex- attorney to pay a sum of money pursuant to his cept those as to which he has admitted the re- undertaking, that nearly three years have tainer by his petition. The practice is different elapsed since it was given; repeated applicaat law.
tions for payment having been made from time
in Beames on Costs, p. 382, (ist ed.), and 255, RECENT DECISIONS IN THE SUPE-
Lord Chancellor.. tum payable by one party to the other. It does not authorize the court to determine whether a
Lewis v. Hinton. March 26th, 1847. special agreement exists as to the mode of tax- VACATING INROLMENT OF DECREE. ation, or the manner in which the costs, charges, and expenses are to be settled and
The proper course to prevent the inrolment of paid.
a decree is to enter a caveat ; in the absence
of which the inrolment will not be vacated Retrospective operation of the Solicitors' Act to make taxable bills not previously, liable to
upon the grounds of concealment, surprise,
and undue haste. taxation, incurred before, but remaining unsettled at, the tiine of the passing of the act. Mr. J. Parker, with whom was Mr. Bird, Rhodes, in re, 8 Beav. 224.
applied on behalf of the defendant to vacate the 12. Undertaking. -- An attorney, on being inrolment of a decree made by the Vice-Chanretained to conduct a cause, gave his client, the cellor of England, on the 27th of Feb. last, and following undertaking :-“Should the damages remarked that this was an original application, or costs not be recoverable in an action, I shall as his lordship alone possessed the necessary charge you costs out of purse only.” The jurisdiction. *As soon as the decree was made plaintiff obtained a verdict, with damages and out, to facilitate which the plaintiff had bor. costs, but the defendant obtained his discharge rowed the defendant's briefs, the former prounder the Insolvent Debtors' Act, and the cured it to be inrolled, although aware that the plaintiff only received a dividend of about 7s. latter intended to appeal to bis lordship. The in the pound on the amount of his judgment: defendant, after his brief had been returned, Held, that the attorney was not, under these lost no time in presenting a petition for a recircumstances, limited by his undertaking to hearing, and then for the first time ascertained costs out of pocket only.
that the decree had been enrolled. Under The Master having taxed the attorney's bill, these circumstances, it was submitted that the allowing him costs out of pocket only, a sum- inrolment would be vacated. Stevens v. Guppy, mons was taken out and heard before a judge Turn. & Russ. 178; Wright v. Wright, at chambers, who directed the taxation to be ported as Anon. 1 Ves. (sen.) 325.
REPORTED BY BARRISTERS OF THE SEVERAL