Law of Attorneys. davits, though they never have been used, and could not have been of use, except to divert the attention of the parties from the real point intended to be made. 243 rule on which any one has a right to strike him off the roll. And again, my friend forgot to state the fact, that all the parties connected with the transaction-Lester and every one else,-made affidavits, and there is not the slightest pretence for making such a charge, pointed out even by themselves. him in the character of clerk to Lester while there, and transacted business with him on that footing. Upon no part of the affidavits, from beginning to end, do they broach any As to costs, I am free to admit that to the suspicion that the act of parliament was viogentlemen whom I represent, they are not in-lated. Yet if it was, that is no ground in this struments in the hands of other persons. They are performing, it may be, an irksome and invidious duty :-painful it certainly is to them, and painful to those on whom they devolve this task; but it is one they feel bound in the discharge of what they consider to be their duty; one that they cannot abandon, and therefore they have brought this under the notice of the court. I submit this is a case where it behoves the court in the exercise of that care and vigilance which for the interest of the public in the administration of justice they are bound to exercise, to see that this gentleman does not now under the name of a defect, cover that which is not a defect; but which is absolutely an offence, and a violation of the act of parliament. I submit that this case is one on which, if there be any doubt, your lordships would direct the officer of the court to make enquiries and to report to the court the circumstances, if there is any doubt as to the character of the transaction being that in reality which I have stated. Then, another charge is, that he is guilty of perjury: why, my lords, my learned friend's clients have taken a very different view of this from that which they took when they were the last time before the Court. Sir Frederick Pollock then stated fairly and properly his own view on the subject, that he thought there was no ground whatever for imputing any thing of the kind. Sir F. Pollock.-No; I said I did not wish to press it. Sir W. Follett.-And also that there was no ground for it. As to the act of parliament, and the costs, do not let it be supposed this is the first mode of presenting an application to strike an attorney off the roll. It ought to Mr. Jardine. Your lordships' opinion being have been litigated at the time of the admisasked on this indemnity act, it is right to ob- sion for the defective service. They were serve that several circumstances are specified, bound to give notice; the notices are stuck which must not be taken notice of in an appli- up so that every body can see; and if any body cation to strike attorneys off the roll; one of objects to the service, it ought to be made these is, "defect in the articles of clerkship," then. But however, I am prepared to cite another, "Registry," and another is "defect two cases in which the Court refused to interof service under such articles." Now it is fere on the ground of any such defect. One assumed that we complain of defect of service, is in the matter of Page. Mr. Page had been but the form of the rule is not so limited.-adınitted an attorney in this Court after conWe say, that although the articles may be right, and the registry may be right, yet he party has not done that which the 22 G. 2, requires, namely, to be continually and actually employed in the business of an attorney during that service. That is the objection. The affidavits raise nothing that can be at all supposed to fall within the words of the Indemnity Act, or that can be against us in that point of view. Sir William Follett.-My friend Sir Frederick Pollock has thought fit to shift his ground as to the service, and takes upon him to charge Mr. Walsh with collusion and with perjury. And that is the ground on which he seeks to strike him off the roll, and not for defect in the service, for he says there is no such thing in the rule; not on the ground stated by my friend Mr. Jardine, that he did not duly serve, but on the ground of his having violated the statute of George the Second, and collusively and criminally with Mr. Lester entered into an improper partnership in the business carried on at Sudbury. Your lordships will hardly believe that the gentlemen have not ransacked every possible charge against Mr. Walsh. They never pretend to say that the service was not actual, and bond fide with Mr. Lester, they do not deny the fact that they themselves knew it; that communications were made from siderable opposition before a Judge at chambers, who thought the opposition malicious. Hullock moved, upon affidavit alleging that Page had never served a regular clerkship, and charging other matters against him, calling on hin to shew cause why he should not be struck off the roll; but the affidavit did not allege any misconduct subsequent to his admission, and contended that the Court was competent to review the circumstances under which the ad. mission was obtained, but adduced no instance of a similar application. The Court intimated that to support the motion, a case should have been made out of misconduct subsequent to admission, even if there had been no opposition, and refused the rule. Then another case came before the Court which was still stronger. In the matter of Gent., Campbell moved for a rule to shew cause, why an attorney should not be struck off the roll upon the following statement. The party served three years as articled clerk to an attorney at Liverpool, who immediately afterwards left that town and went to reside at a place fifty miles distant, where from thenceforth he exclusively practised. His name, however, continued on the door of his former house at Liverpool, and the person against whom this application was made, resided and carried on business there solely on 244 Law of Attorneys.—Proposed Standing Orders on Private Bills. or whether it was supposed that after they were admitted your Lordships would take care that fraud should not come in. Sir W. Follett.-I did not know, my Lord, that my learned frieud was going to say any thing about the case. Sir F. Pollock.-I put the two acts of Parlia ment into my learned friend's hand, and I told him I did not mean to argue it. it. Lord Denman.-It is not necessary to argue PROPOSED STANDING ORDERS The following Standing Orders have been proposed by the Select Committee of the House of Commons, by their report, dated 7th July 1837. PRACTICE WITH REGARD TO Private bills. 1.-That all petitions for private bills be presented within fourteen days after the first Friday in every session of parliament. his own account, till the expiration of his articles. He was admitted an attorney in January, 1828, and from that time carried on the business as before, only substituting his own name on the door of the office, for that of the attorney who had removed. As to the facts of this gentleman being a part of the year at Sudbury, I observed my friend rather counted the times he was in London by weeks instead of counting it by terms. It was during the terms he was in London; and the rest of the time at Sudbury. Now, this case to which I am referring is exactly of the same sort. The attorney went to reside away; he remained in the town without his master being present for two or three years. What did the Court say?" His admission was not opposed, nor did it appear when the misconduct now alleged became known to the party making this application. The facts now stated, would have been a ground for opposing the admis-I. sion, or for an application like the present, if made very shortly, as a month or two, or a term or two after the admission. But this motion comes too late." That was exactly a 2. That no private bill be brought into this similar case; but here there is this fact:-house, but upon a petition first presented, truly these two persons,-(because as to the Law stating the case; at the peril of the parties Society, it is quite clear these two attornies at preferring the same and that such petition Sudbury are the persons making this applica- be signed by the parties, or some of them, who tion, and they were perfectly well aware of are suitors for such bill. every one of these facts, and aware of his intention of applying to be admitted,)—they made no opposition to his admission, and then they send these affidavits up to the Law Society to cause him to be struck off the roll; and when they find the act of parliament is against them, they choose to make this sort of attack upon Mr. Walsh's character, accusing him of a violation of the act of parliament, and charging him with perjury, because he stated 4.-That a committee be appointed at the he had served at a time when he was ill. commencement of every session, consisting of therefore hope your Lordships will discharge fifteen members, of whom five shall be a this second application with costs. quorum, to be denominated "The Select ComLord Denman.-Upon the whole, we ad-mittee on Standing Orders." here to the opinion we formed on first hearing 5.-First, That a select committee, consisof this act of parliament; we think it is impossible to get over it. There is certainly great reason for requiring parties to make their opposition at a proper time, if they are aware of the objection. Therefore, we think the rule must be discharged; but, taking all the circumstances together, we do not think it right to discharge it with costs. Rule discharged without costs.-Re Walsh, K. B., 9 June 1837. : On the last day of Term, Sir F. Pollock said he had looked into the acts of Parliament that were relied upon. In the first act of Parliament there is an express exception made:"that provided such articles, registration, service, admission, or enrolment be without fraud." It is therefore for your Lordships to consider. Lord Denman.-But the present act has not those words. Sir F. Pollock.-It is for your Lordships, therefore, to say whether the putting those words in was intended to let in cases of fraud, 3. That this house will not receive any petitions on private bills, referring solely to the compliance or non-compliance with the standing orders of the house, subsequently to the second reading of the bills to which they respectively relate, unless in the case of those standing. orders which must necessarily be taken into consideration by the committee on the bill. ting of forty-two members, (not being members of the select committee on standing orders) of whom five shall be a quorum, be appointed at the commencement of every session, to which shall be referred all petitions for private bills, and such committee shall be denomited, "the Select Committee on Petitions for Private Bills." Second, That all petitions applying for leave to dispense with any of the sessional orders of the house relating to private bills, be referred to the said committee, and that they do report to the house whether such orders ought, or ought not to be dispensed with. Third, that the said committee have leave to divide themselves into sub-committees, consisting of seven members at the least, and to make regulations for the transaction of business. Fourth, that before such sub-committee the compliance with the standing orders shall be proved, and any parties shall be at liberty to appear and be heard, by themselves, their agents and witnesses, upon any petition which may be referred to the committee, complaining of a Proposed Standing Orders in the Commons on Private Bills. 245 non-compliance with the standing orders, pro- | on which the petitioner or petitioners object vided the matter complained of be specifically to any of the provisions thereof; and that the stated in such petition, and that such petition petitioners be only heard on such grounds so be presented three clear days before the meet-stated; and if it shall appear to the said coming of such sub-committee. mittee, that such grounds are not specified with sufficient accuracy, the committee may direct that there be given into the committee a more specific statement in writing of such grounds of objection so inaccurately specified. Fifth, That when such sub-committee shall report to the house that the standing orders have not been complied with, they do report the facts upon which their decision is founded and any special circumstance connected with the case. Sixth, That the select committee on standing orders shall thereupon determine whether the standing orders ought or ought not to be dispensed with, and do report the same to the house accordingly. Seventh, That there be ten clear days between the day on which the petition for any private bill relating to England shall be presented, and the day on which the sub-committee shall sit thereupon; and fifteen days in case such bill shall relate to Scotland or Ireland. 12. That after any committee on a private bill shall have been formed, no members shall be added thereto, except upon special application to the house. 13. That five members be the number to constitute a committee on a bill; and that the names of the members attending each committee be entered by the clerk on the minutes of the committee: and if any division shall take place in the committee, the clerk do take down the names of members voting in any such division, distinguishing on which side of the question they respectively vote, and that such lists be given in with the report to the house. 14. That the chairman of the committee do sign, with his name at length, a printed copy of the bill to be called the Committee Bill, on which the amendments are to be fairly written; and also sign, with the initials of his name, the several clauses added in the com Eighth, That no committee on private bills shall have power to examine into the compliance or non-compliance with such standing orders as are directed to be proved before the select committee on petitions for private bills, unless by the special direction of the house. 6.-That all private bills, except naturaliza-mittee. tion and name bills, be printed; and printed copies thereof delivered to the doorkeepers for the use of the members before the first reading. First, That a bill printed on paper, of a size to be determined upon by Mr. Speaker, be presented to the house, with a cover of parchment attached to it, upon which the title of the bill is to be written, and the short title of the bill as first entered on the votes, shall be in accordance with the subject matter of the bill, and shall not be changed unless by special vote of the house. Second, That five copies of the bill, printed on paper of the same size, and interleaved with blank paper, be deposited at the private bill office, for the use of the committee on the bill, and for the report. Third, That the proposed amount of all rates, tolls, and other matters heretofore left blank in private bills when presented to the house, be inserted in Italics in the printed bills. 7.—That_there be three clear days between the first and second reading of all private bills. 8. That no private bill be read a second time, until after the expiration of two calendar months from the day the last notice shall have been given in the newspaper. 9. That no bill or clause, for the particular interest or benefit of any person or persons, county or counties, corporation or corporations or body or bodies of people, be read a second time, unless fees be paid for the same. 10. That there be seven clear days between the second reading of every private bill, and the sitting of the committee thereupon. 11.-That no petition against a private bill be referred to the committee on such bill, which shall not distinctly specify the ground 15.-That every plan, and book of reference thereto, which shall be produced before the committee upon any private bill, whether the same shall have been previously lodged in the private bill office or not, shall be signed by the chairman of such committee with his name at length; and he shall also mark with the initials of his name every alteration of such plan and book of reference, which shall be agreed upon by the said committee; and every such plan, and book of reference, shall thereafter be deposited in the private bill office. 16. That every plan and book of reference thereto, which shall be certified by the speaker of the house of commons, in pursuance of any act of parliamont, shall previously be ascertained, and verified in such manner as shall be deemed most advisable by the speaker, to be exactly conformable in all respects to the plan and book of referrence which shall have been signed by the chairman of the committee upon the bill. 17. That the chairman of the committee, upon the report of every private bill, do acquaint the house, that the allegations of the bill have been examined; and whether the parties concerned have given their consent, (where such consent is required by the standing orders,) to the satisfaction of the committee. 18. That the minutes of the committee, on every private bill, be brought up and laid on the table of the house, with the report of the bill. 19. That there be seven clear days between the day on which every bill within the standing orders included within the second class is reported, and the day when the report shall be taken into consideration. [To be continued.] 246 Incorporated Law Society.-List of New Publications.-Bankruptcies superseded. LIST OF NEW PUBLICATIONS. The Act for the Commutation of Tithes in England and Wales. By John Meadows White, Esq. New Edit. Price 2s. 6d. sewed. A Collection of Forms of Declarations and other Pleadings, usually prepared in Attorneys Offices, with Notes. By Henry Greening, Esq Special Pleader. Price 7s. boards. Meeson and Welsby's Reports, in the Court of Exchequer. Vol. 2, Part 3. Price 78. Young and Collyer's Reports in the Court of Exchequer. Vol. 2, Part 2. Price 11s. Watkins, on the Law of Descents. Price 12s. boards. of Neville and Perry's Reports in the Court of King's Bench. Vol. 1, Part 4. Price 6s. Bingham's New Reports in the Court Common Pleas. Vol 3, Part 4. Price 6s. Neville and Perry's Reports, relating to the office of Magistrates in the Court of King's Bench. Vol. 1, Part 1. Price 7s. 6d. A Breviary of the Poor Laws, intended for the use of Justices of the Peace, Guardians of the Poor, &c. By William Robinson, L.L.D. Price 148. hoards. An Exposition of the Practice relative to the Right to Begin, and the Right to Reply, in Tria's by Jury, and in Appeals at Quarter Sessions. By W. M. Best, Esq. Price 5s. cloth. Adolphus and Ellis's Reports in the Court of King's Bench. Vol. 4, Part 4. Price 6s. Term Reports. Part 10. Price 128. Term Reports. Part 11, or 2 Part 2, Price 12s. Laws of the Stannaries. Price 58. boards. Render. John, Knaresborough, Innkeeper and Flax Dresser. Johnson, William, Edgware Road, Butcher. June 30. Vinty, William, Tiverton, Devon, Cutrier. July 7. Grindon, Thomas Evans, Bristol, Tiler, Plasterer and Painter. July 7. Turner, Thomas, Otley, York, Currier and Leather Cutter. July 7. BANKRUPTS. From June 20th, to July 11, 1837, with dates when gazetted. Atkinson, John, Barrowford, Colne, Lancaster, Cotton Mi. nufacturer. Bower & Co., Chancery Lane: Bunting, Manchester. June 20. Austin, William, Whitstable, Kent, Grocer and Cheesemonger. Groom. Off. Ass.: Pontifex, St. Andrew's Court, Holborn. June 23. Audley, William, Newcastle-under-Lymne, Stafford, Cabinet Maker and Upholsterer. Messrs. Ward, Newcastle-underLyme: White & Co, Bedford Row. July 4. Andrew, Ralph, and Allan Andrew, Ashton-under-Lyn, Cotton Spinners. Willis & Co., Tokenhouse Yard: Joynson, Manchester. July 11. Ashwin, Charles, Redditch, Worcester, Linen Draper. Alexander & Co., Lincoln's Inn Fields: Danks, Birmingham. July 4. Austin, William, Abchurch Lane, London, Tavern Keeper and Victualler. Whitmore, Off. Ass.: Parry, St. Swithin's Lane. July 11. Beetham, Edward, Portsmouth Chambers, Lincoln's Inn Fields, Bill Broker and Money Scrivener. Goldsmid, Off. Ass. Storin, Portsmouth Chambers, Lincoln's Inn Fields. June 20. Brook, George, John Raper, and Benjamin Brook, Leeds, York, Ironfounders and Machine Makers. Robinson & Co., Essex Street, Strand. Ward, Leeds. June 20. Bryant, George, Winterbourne, Gloucester, Malster. Pe Burman, John, Biriningham, Warwick, Linen Draper, Nerters, Bristol: Jones, Crosby Square. June 20. ton & Co., Gray's Inn Square: Spurrier & Co., Birmingham. June 20. Baker, William, Kidderminster, Worcester, and Noble Srteet, London, Carpet Manufacturer. Allan & Co., Stone Buildings, Lincoln's Inn: Hallen, Kidderminster: Nicholas & Co., Bewdley. June 20. Browne, Joseph, Manchester, Tobacconist and Lodging. house Keeper. Messrs. Bower & Co., Chancery Lane: Owen & Co., Manchester. June 20. Bowen, George Hatton, Bristol, Oil and Colourman. White & Co., Bedford Row: Berun & Co., Bristol. June 23. Inn, Strand. June 27. Founder. Belcher, Off. Ass.; Goddard, Cateaton Street. Bryant, George, Winterbourne, Gloucester, Malster. Peters, Butterworth, Joseph, Ridge, Saddleworth, York, Merchant Balsom, John, Newton Abbott, Devon, Cabinet Maker and Bowdidge. Edward, Cheltenham, Gloucester, Dealer. Bubb Bruford, Thomas, Bristol, Coach Builder. Adlington & Co., June 23. Wilson, SouthPayne & Co., Leeds. Collard, Abraham Ward, Liverpool, Merchant. Mallaby, Wood house & Co., Temple: Stott, Leeds. July 4. Coombe, John, Exeter, Ironmonger. Clarke & Co., Lincoln's Inn Fields: Harley, jun., Bristol. July 11. Deane, John, Sydney Square, Commercial Road, Pasteboard Manufacturer and Vendor of Druggists' Sundries. Gre ham, Off, Ass, Young & Co., St. Mildred's Court. June 20, Bankrupts. Dury, Jonathan, Kidderminster, Worcester, Grocer. White Day, Robert, Melcombe Regis, Dorset, Grocer. Bridge, Dor- Down, Daniel, and Joseph Down, High Holborn, and of the Don, Thomas, Lower James Street, Golden Square, and Ellingworth, Richard, York, Bookseller. Pennell, Off. Ass. : Freer, John, Syston, Leicester, Hosier and Grocer. Holme & Field, Henry, and James Crane, Bow Lane, Cannon Street, Island of Guernsey, 247 Law, William, Charlotte Street, Bloomsbury, late of the Lebas, Charles, Birmingham, Engraver, Copper plate and Morgan, Thomas, St. James's Street, Piccadilly, Perfumer. Munday, Isaac, Gosport, Southampton, Baker. Spain, May, William, Manchester, Innkeeper. Owen, Manchester: Mapp, John, Birmingham, Timber Merchant. Alexander Milnes, Thomas Brown, and Robert Cowen, Nottingham, & Co., Temple: Cursham & Co., Nottingham. July 11. Mear, William, and Stephen Mear, Norwich, Carpenter and Builders. Sewell & Co., Norwich: Ward, Lincoln's Inn Fields. July 11. Nott, Manford, Reading, Berks, Toy Dealer. Battye & Co., Orton, Horatio Lewis, Box, Wilts, and Errintor Paxton, Makers and Colourmen. Cannan, Off. Ass.: Nias, Copt-Oulton, John, Ashton-under-Lyne, Lancaster, Corn, Flour, hall Court, Throgmorton Street. June 30. Flower, Edward, Greek Street, Soho, Manufacturing Goldsmith and Pearl Worker. Gibson, Off. Ass.: Evans, Lincoln's Inn Fields June 30. Farries, Archibald, Preston, Lancaster. Provision Dealer. Fish, Peter, Lisle Street, Leicester Square, Boot and Shoe turer. Leeds. June 23. Humberston, Charles, and Samuel Frodsham, Liverpool, Halls, Thomas, Bell Yard, Gracechurch Stre t, Victualler. Hill, Joseph, Shifford's Grange, Stafford, Miller. Messrs. Warren, Market Drayton, Shropshire: Rosser & Co., Howell, John, and John William Hentig, jun., Gloucester, Hughes, Edward, Joseph, Mancherter, Coal Merchant and Jesse, William, and William Thomas Jesse. Bourton, Gill- Jesse, William Thomas, Bourton, Gillingham, Dorset, Kirk, Joseph, sen., and Joseph Kirk, jun., Leeds, York, Tin Plate Workers and Braziers. Battye & Co., Chancery Milne & Co., Temple: Slater & Co., Manchester. July 4. Ethrards, Off. Ass.: Harkins & Co., New Boswell Court, and Porter Dealer. Fox, Finsbury Circus: Earle, Owen, John, Red Wharf, Anglesea, Wales, Draper. Milne Beck, Iron mongers Hall, Fenchurch Street. June 23. Fhilipson, George Burton, formerly of Hereford Street, Place, Francis, Leeds, York, Tinner and Brazier. Robinson Rathbone, Richard, Birmingham, Warwick, Spade Maker. 20. Rawang, Joseph, School Close, Leeds, York,, Stuff Dyer. Rose, Joseph, Bow Lane, London, Auctioneer. Alsager, Smith, Francis, Crawford Street. Mary-le-bone, Linen Spicer, William, Little Saint Andrew Street, Saint Giles, Sharp, Moses, Thornton, Bradford, York, Worsted Piece Schofield, Moses, Thu stons, Saddleworth, York, Clothier. Starling, Joseph, Warminster, Wilts, Hatter. Chapman, Thelwall, John, Milhouses, Wirksworth, Derby, Hat Messrs. Parr, |