2. Circuit of the Commissioners of Insolvent Debtors.--Attorneys to be Admitted. 221 At the Town and County of the Town of New- Radnorshire, at Presteigne, Monday, Oct. 23. castle-upon-Tyne, the same day. Brecknockshire, at Brecon, Wednesday, Oct. 27. Cumberlind, at Carlisle, Friday, Nor. 5. Carmarthenshire, at Carmarthen, Friday, Oct. 29. Westmoreland, at Appleby, Monday, Nov. 8. Cardiganshire, at Cardigan, Monday, Nov. 1. Westmoreland, at Kendal, Tuesday, Nov. 9. Pembrokeshire, at Haversordwest, Tuesday, Nov. Lancashire, at Lancaster, Wednesday, Nov. 10. Lancashire, at Liverpool, Wednesday, Nov. 17. Glamorganshire, at Swansea, Friday, Nov.5. Cheshire, at the Castle of Chester, Saturday, Glamorganshire, at Cardiff, Monday, Nov. 8. Nov. 20. Monmouthshire, at Monmouth, Wednesday, Nor. At the City and County of the City of Chester, 10. the same day. Gloucestershire, at Gloucester, Friday, Nov. 12. Flintshire, at Mold, Monday, Nov. 22. Somersetshire, at Bath, Monday, Nov. 15. Denbighshire, at Ruthin, Tuesday, Nov. 23. At the City and County of the City of Bristol, Verionethshire, at Dolgelly, Thursday, Nov. 25. Wednesday, Nov. 17. Carnarvonshire, at Carnarvon, Monday, Nov. 29. Somersetshire, at Taunton, Friday, Nov. 19, Anglesey, at Beaumaris, Tuesday, Nov.30. Cornwall, at Bodmin, Tuesday, Nov. 23. Montgomeryshire, at Welclipool, Friday, Dec. 3. Deconshire, at Plymouth, Thursday, Nov. 25. Devonshire, at the Castle of Exeter, Saturday, Nov. 27. same day. Berkshire, at Reading, Friday, Oct. 15. Dorseishire, at Dorchester, Tuesday, Nov. 30. Oxforilshire, at Oxford, Monday, Oct. 18. Wiltshire, at Salisbury, Thursday, Dec. 2. Worcestershire, at Worcester, Wednesday, Oct. At the Town and County of the Town of Souti. 20. ampton, Saturday, Dec. 4. Herefordshire, at Hereford, Friday, Oct. 22. Southampton, at Winchester, Monday, Dec, 6. SOUTIIERN CIRCUIT. ATTORNEYS TO BE ADMITTED, Michaelmas Term, 1847. . Queen's Bench. Clerks' Names and Residences, George Rooper, Lincoln's Inn Fields F. Pain Axford, Cornhill Place; Weymouth; and Melcombe Regis Regis John Lawford, Drapers' Hall George Essell, Rochester . 'John P. Aston, Manchester A. Paget, Leicester John Bramwell, Durham S. B, Jackaman, Ipswich C. Parsons, Temple Chambers, Fleet Street Brooke, William Henry, Dudley. Messrs. Goode and Bolton, Dudley Benjamin Dixon, Wakefield Blackburn; and Manchester Street . F. J. Ridsdale, Gray's Inn Brown, Robert Harrison, Wakefield John Lofthouse, Leeds Henry Brown, Wakefield Briggs, Frederick, 93, Kennington Street, W. F. Low, Wimpole Street Beresford Street M. Shearman, 18, John Street, Adelphi Barnes, Edward Samuel, 2, Falcon Court, Fleet Street; and Wells , Robert Davies, Wells . . . . 222 Attorneys to be Admitted. Pentonville ; Derby; Colebrooke Row; John Huish, Derby William Hallowes, Bedford Row Broughton, Falcon Square John Crick, Maldon Row, Russell Square; and Aldwick John Baker, Aldwick Court, Blagdon Place, Camden Town ; Newark-upon- Charles Pearson, New Sleaford William Bleaymire, Penrith Charles M. Stretton, 18, Southampton Buildings D. Jennings, Whitechapel Road Inn Road; and Newark-upon-Trent Godfrey Tallents, Newark-upon-Trent Clarke, William, 26, Wilmington Square ; Barnstaple; Craven Street, Burton Crescent; Salisbury Street, Strand; and King's Square Charles Carter, Barnstaple Road, Islington; Winchester; Thavies John H. Todd, Winchester Blackheath; and Doddington Grove, Kennington J. S. Rymer, Whitehall Place Clough, Benjamin Morley, 7i, Harrison St., F. H. Cartwright, Bawtry Collins, Charles Atkins, 23, Southampton Row, Russell Square; Bath; Lloyd Sq. ; Robert Cook, Bath W. Henry Cotterill, Throgmorton Street T. Hustwick, Soham John Ridehalgh, Ripponden J. O. Hall, Brunswick Row George Cox, Sise Lane William Fooks, Sherborne , Lonsdale Maving, Newcastle-uponTyne William Chartres, Newcastle-upon-Tyne Chew, Townley, Manchester. · John Jacques, Ely Place Christopher Chew, Manchester Chapman, William Emerson, jun., 8, Arthur Street, Gray's Inn Road; and Holbeach . Thomas Sturton, Holbeach Cheeseman, John Goodger, Steyning G. Dempster, Brighton C. Chalk, Brighton Joseph Wainwright, Wakefield Thomas Henry Dixon, New Boswell Court William Thomas, jun., Walsall Ashby-de-la-Zouch'; and Northampton William Dewes, Ashby-de-la-Zouch William Dickson, sen., Alnwick W. Upwin, Sheffield 1 This application will be made in the Common Pleas. . . . Aitorneys to be admitted. 223 Dufty, Richard Arthur, Nottingham John Fox, Nottingham D'Aeth, George William Henry, jun., 2, Mitre Samuel Waller, Cuckfield Court; and 50, Southampton Row . Henry Hughes, Clement's Inn Day, Henry, Hemel Hempstead Frederick Day, Hemel Hempstead Inn Road; Newark-upon-Trent; and T. F. A. Burnaby, Newark-upon-Trent William Christopher Chew, Manchester Street, Exeter; and South Street, Berk- Henry M. Ford, Exeter John Mitchell, Wymondham E. J. Jenings, Mitre Court Buildings Fellowes, John Butler, 14, Victoria Road, Pim lico; Plymouth; and Lombard Street . N. Lockyer, Plymouth Fuller, Frederick, 23, Southampton Row ; Lloyd Square ; and Great Ormond Street John Physick, Bath Fullager, Walter Horne, Lewes John E. Fullager, Lewes Fisher, Edward Freeland, 9, Sussex Gardens, R. Almack, Melford Hyde Park C. Fletcher Skirrow, Bedford Row Faithfull, Frederick Dundas, 60, "Lincoln's' G. P. Nicholson, Wath-upon-Dearne Inn Fields; and Wath-upon-Dearne D. S. Bockett, Lincoln's Inn Fields Gibbon, Henry, 32, Great James Street, Bedford Row William Henry Gibbon, Great James Street Game, William, Pointington ; 9, King's Bench Walk, Temple; and Liverpool H. H. Statham, and F. Horner, Liverpool Canonbury Square; and Leicester William Freer, Leicester C. Bailey, Winchester J. Bowen May, Queen Square C. Grevile, Bristol Gowan, William, Dulwich A. T. Upton, Great Winchester Street Chambers; Wem; and Lower Calthorpe T. Dickin Browne, Wem Cross; Wyke Regis ; Trelleck Terrace, John Henning, Weymouth and Melcombe Regis Charlotte Terrace ; Richmond Road Edward Bousfield, Chatham Place A. Paget, Leicester Hollingshead, Henry Brock, Billinge Scarr, O. Milne, jun., Manchester near Blackburn James Ainsworth, Blackburn James Baldwin, Colne D. Robinson, Blackburn & Clitheroe Castle Hearn, Thomas Bayley, Ryde, Isle of Wight . W. Hearn, Carisbrooke, Isle of Wight J. H. Hearn, Newport, and Ryde Holt, Joseph Peirson, 5, Soley Terrace, Pentonville; and Northallerton Thomas Fowle, Northallerton Regent's Park; and Swepstone Rectory, J. T. Ambrose, Mistley E. T. Cardale, Bedford Row Street; Wakefield; and Úpper Calthorpe T. Haxby, Wakefield J. Scholey, Wakefield Street; Malmesbury ; Coventry; New- A. Tucker, Charles Street, Blackfriars' Road gate Street; and High Holborn C. J. Shirreff, Lincoln's Inn Fields Haigh, John, Huddersfield · William Haigh, Huddersfield Harvey, Thomas Morton, Egham; and 36, Thomas Harvey, Egham Keith Barnes, Spring Gardens . . . 224 Attorneys to be Admitted. Analytical Digest of Cases : Courts of Equity. A. W. Tooke, Bedford Row T. G. Norcutt, Queen Square John James Joseph Sudlow, Chancery Lane Knapp, Richard, 4, Old Square, Lincoln's Inn; 11, Lower Charles Street, Northampton and 51, Devonshire St., Queen's Square . ' F. P. Chappell, Quality Court Stephen Towgood, Newport, Monmouth Lanfear, William Burbidge, 5, Lamb's Con duit Street; and Aldersgate Street H. R. Hill, Throgmorton Street Lambert, Alfred, 13, Upper Stamford Street John Iliffe, Bedford Row Lewis, L. Winterbotham, Cheltenham L. Winterbotham, Tewkesbury J. Thomas, Tewkesbury J. B. Winterbotham, Cheltenham J. Raw, 5, Furnival's Inn Geo. Fred. Prince Sutton, Basinghall Street [This List will be continued in our next.] : . . . . ANALYTICAL DIGEST OF CASES, in the defendants. Lawrence v. Boule, 2 Phill. 140. REPORTED IN ALL THE COURTS. DELIVERY OF BILL. FUND IN COURT. LEGATEE. LIEN. Courts of Equity. The motion to commit for non-delivery of a bill of costs must be preceded by an order for LAW OF ATTORNEYS AND COSTS. its delivery within four days. Re Wheldon, 32 L. 0. 371. DELIVERY OF PAPERS. EXECUTORS. equity, who files a bill for discovery in aid of See Taxation. his action, although the subject-matter is the same in the action and suit. Therefore, a defendant, when he has put in his answer to such See Lien. a bill, may obtain an order of course for the payment of costs, and a writ of attachment may be issued on nonpayment. Dingwall v. Hem- Costs.- Solicitor and Client.-Costs as beming, 33 L. O. 428. tween solicitor and client will be allowed to the BREACH OF TRUST. plaintiff in a legatee's suit, where there is a de1. Solicitor's liability.- A solicitor having ad- ficient fund. Burkitt v. Ransom, 2 Coll. 536, vised his client (a person in an humble station of life) to commit a breach of trust by selling i Fund in Court.--Lien of a solicitor upon a out stock, of which the client was a trustee, and fund in court for his costs of suit, protected by having himself profited by the breach of trust, a stop order. was ordered to be struck off the Roll, unless he No effective proceedings could be taken in a showed good cause to the contrary ; but hav- suit, in consequence of the contempt of two deing, in obedience to the decree in the cause, fendants: Held, that the plaintiff's solicitor was replaced the stock, and paid the costs of the entitled to a taxation of his costs, and to a stop suit, the court (taking into consideration his order on the funds. Hobson v. Shearwood, 3 youth and other circumstances) abstained from Beav. 486, further proceedings in the motion, upon his undertaking to pay to the said parties to the MALPRACTICE, suit, their costs, charges, and expenses. Good- Disallowance of costs.-A solicitor employed win v. Gosnell, 2 Coli. 462. in the sale of an estate, knew that the titleSee Striking off the Roll. deeds were in the possession of an adverse 2. When several defendants are involved in a party; he however proceeded to prepare and breach of trust, the court, in decreeing relief in obtained the execution of the conveyance and respect of it, decrees the costs of the suit against memorial. The sale went off, in consequence them all, on the principle of giving the plaintiff of the absence of the title-deeds. He was disthe greater security for the payment, and with allowed the costs of the proceeding, and the out regard to the relative degrees of culpability | deed being a cloud on the title, he was also PARLIAMENTARY COSTS. Analytical Digest of Cases : Courts of Equity, 225 ordered to deliver it without being paid the 2. The provisions of the 37th clause of the costs thereof. Potts v. Dutton, 8 Beav. 493. 6 & 7 Vict, c. 73, for the authentication by sigs nature of a solicitor's bill of costs, are intended for the protection of the client only, and therea See Taxation, 8. fore where a bill has been delivered without such authentication, that circumstance is no RESPONSIBILITY OF SOLICITOR, objection to an application by the client for its A solicitor took an insufficient security for taxation, his client, and the nature of the transaction was The decision in Exparte Gaitskell, in which such, as in the opinion of the court to create it was held that applications for the taxation of a case of combined agency and trust. He was bills, in the second class of cases provided for held (under the circumstances) personally re- by the 37th section of the statute, do not responsible for the deficiency, and for the costs quire notice, confirmed. Pender, in re, 2 Phill. of the suit. Craig v. Watson, 8 Beav. 427. 69. SECURITY FOR COSTS, STRIKING OFF THE ROLL. 1. Misdescription.-Transfer of Title.The Breach of trust. - Fraud.-On a bill filed by plaintiff brought her bill for redemption, de- parties interested under a will, against the sole scribing herself as A. B., the widow of the acting trustee and executor, and against his somortgagor, and claiming as his devisee and licitor, under whose advice the trust property executrix ; but she obtained probate of the will had been improperly sold out by the trustee, as A. C., otherwise B., spinster: Held, that as and applied principally to the solicitor's use, the description of the plaintiff in the suit in- praying that the stock might be replaced, the volved the question of her title under the will, court, at the hearing, after directing certain in, the above variance did not entitle the plaintiff quiries, ordered that the solicitor should show to have the bill taken off the file, or security cause why, having regard to his answer and the given for costs. Griffith v. Ricketts, 5 Hare, evidence in the cause, his name should not be 195. struck off the roll of solicitors of the Court of Case cited in the judgment; Morgans v. Bridges, Chancery. Goodwin v. Gosnell, 2 Coll. 457, 1 B. &. A. 647. Case cited in the judgment: Dungez v. Angove, 2. Removal of next friend.- In a suit in R. L. 1793, A. f. 548. which one of the plaintiffs, all of whom were TAXATION. out of the jurisdiction, appeared by her next friend, an order to substitute a new next friend 1. “Special circumstance."—Where a cestui for the then existing one, alleged to be a per- que trust seeks to tax the solicitor's bill paid by son of insufficient substance, and a menial ser- his trustee, on the ground of overcharge, he vant of the solicitor who conducted the suit, must allege and prove specific items. and was also a defendant, or to give security “ special circumstance," within the for costs, was varied by allowing such next meaning of the 6 & 7 Vict, c. 73, where a sofriend to continue, security for costs being licitor produces his bill at the time appointed given by consent. for the settlement of a transaction, and refuses Quære, whether a defendant can demand se- to complete, except on payment thereof. curity for costs in a case where all the plaintiffs Bennett, in re, 8 Beav. 467. are beyond the jurisdiction of the court, but 2. “ Special circumstance."-A mortgagee's one of whom, not being an infant, appears by a solicitor would not part with the deeds until next friend within the jurisdiction. Landor v. payment of his bill of costs, which had been Parr, 34 L. O. 33, delivered to the mortgagor's solicitor a month previously. Held, that this was not a sufficient case of pressure to induce the court to order a 1. Construction of 6 & 7 Vict. c. 73.- Juris- taxation. diction.-Order to deliver up papers.--An order A mortgagor has not a right to have the bills of course may be obtained for taxing a solici- of the mortgagee's solicitor taxed upon different tor's bill of costs, under 6 & 7 Vict. c. 73, s. principles from those which would be applied 37, if the same have been actually delivered, to the taxation of the same bill upon the pealthough it may not have been signed or en- tition of the mortgagee. elosed in a letter signed by the solicitor. Payment of a solicitor's bill, delivered at the The above statute does not affect the original last moment of settling a mortgage, being injurisdiction of the court to order delivery of sisted on, without any opportunity of examinapapers, &c., by a solicitor on payment of his tion being afforded,' &c., a "special circumtaxed costs. stance," within the meaning of the Solicitors' An order for a solicitor to deliver up all Act. Jones, in re, 8 Beav. 479. papers, &c., belonging to his client is restricted 3. “ Special circumstance.”- Where payment to such papers as relate to the business in re- of a bill of costs has been obtained by undue spect of which the lien arose; and it will not be pressure, a taxation may be directed on proof set aside as irregular, because it may literally of overcharge, without showing that such overinclude other papers, &c., belonging to the charges are so gross as to amount to fraud. same client, upon which there may exist a lien It is a " special circumstance" within the 6 for other business, Re Pender, 33 L. O. 43. & 7 Vict. c. 73, where, on paying off a mort It is a SIGNED BILL. |