Page images
PDF
EPUB

(ii.) Capital money arising under this Act from the settled

land shall not be applied in the purchase of land unless
such application is authorised by the settlement in the
case of capital money arising thereunder from sales or
other dispositions of the settled land, but may, in
addition to any other mode of application authorised
by this Act, be applied in any mode in which capital
money arising under the settlement from any such sale
or other disposition is applicable thereunder, subject to
any consent required or direction given by the settle-
ment with respect to the application of trust money of

the settlement.
(iii.) Capital money arising under this Act from the settled

land and the securities in which the same is invested,
shall not, for any purpose of disposition, transmission,
or devolution, be considered as land unless the same
would, if arising under the settlement from a sale or
disposition of the settled land, have been so considered,
and the same shall be held in trust for and shall go to
the same persons successively in the same manner, and
for and on the same estates, interest, and trusts as the
same would have gone and been held if arising under
the settlement from a sale or disposition of the settled
land, and the income of such capital money and securi-

ties shall be paid or applied accordingly.
(iv.) Land of whatever tenure acquired under this Act by

purchase, or in exchange, or on partition, shall be con-
veyed to and vested in the trustees of the settlement,
on the trusts, and subject to the powers and provisions
which, under the settlement or by reason of the exer-
cise of any power or appointment of charging therein
contained, are subsisting with respect to the settled
land, or would be so subsisting if the same had not
been sold, or as near thereto as circumstances permit,
but so as not to increase or multiply charges or powers
of charging.

SHEEP AND CATTLE.

Sheep and Cattle Act.

28 & 29 VICT. O. 60. By this Act the owner of every dog shall be liable in Injury by dog. damages for injury done to any cattle (a) or sheep by his dog,

(a) Horses are included under the word “ cattle” in sect. 1: (Wright v. Pearson, 9 Bar. Rep. 849.)

and it shall not be necessary for the plaintiff to show a mischievous propensity in such dog, or the owner's knowledge thereof, or that the injury was attributable to neglect on the part of the owner. Where the amount claimed does not exceed 51.. it shall be recoverable before a justice or justices in petty sessions. The occupier of the premises where the dog is kept shall be deemed primâ facie to be the owner.

Qualifications.

Articled clerks.

Where solicitor bankrupt.

Service with ba rrister, &c.

SOLICITORS. An Act for consolidating and amending several of the Laws relating to Solicitors practising in England and Wales.

6 & 7 Vict. c. 73. 2. No person shall act as a solicitor unless admitted and enrolled and duly qualified at the time of his so acting.

3. Except as in this Act mentioned, no person shall be admitted a solicitor unless he shall have served a clerkship of five years, and shall have been duly admitted and sworn.

4. No solicitor shall have more than two articled clerks at one time, or shall take or retain an articled clerk after discontinuing business, or whilst clerk to another solicitor.

5. In case any solicitor shall become bankrupt, any court wherein he is admitted may, on the application of an articled clerk, direct the articles to be discharged or assigned as the court shall think fit.

6. Clerks articled for five years may, by permission of the solicitor to whom articled, serve one year with a barrister or special pleader and one year with the London agent of such solicitor. (a)

8. The solicitor shall, within six months from the date of the articles, make or cause to be made an affidavit of his having been duly admitted, and also of the actual execution of the articles by him, and by the person bound as clerk, and in every such affidavit shall be specified the names of every such solicitor and person so bound and their places of abode respectively, together with the day of execution of the articles, and such affidavit shall be filed with and by the officer appointed or to be appointed for that purpose within six months next after execution of the articles, and such officer shall thereupon enrol and register the articles.

9. If such affidavit be not filed within six months, the service of the clerk shall be reckoned to commence from the day of filing the same, unless a court of law or equity shall otherwise order.

Affidavit of admission,

(a) See 23 & 24 Vict. c. 127, s. 6, post, p. 346.

service.

out certificate.

10. No person shall be admitted a solicitor before such affidavit shall have been produced to the court or judge, to whom such person shall apply to be admitted, unless such court or judge be satisfied that the same cannot be produced and dispense with the production,

12. Articled clerks shall, during the whole term of service, Employment of continue and be actually employed by the solicitor to whom article clorks. articled in his proper business, practice, or employment of a solicitor, except as mentioned in sect. 6.(a)

13. In case the solicitor to whom the clerk is articled shall die Fresh articles. or leave off practice, the clerk may enter into fresh articles with another solicitor for the rest of the term.

14. An articled clerk, before being admitted, shall make an Amdavit of affidavit of service.

26. Persons practising as solicitors without a stamped certi- Practising withficate which shall then be in force shall be incapable of recovering fees. (6)

28. No person who shall have duly served his clerkship pur- Where solicitor suant to this Act shall be prevented from being admitted, nor

struck off roll. liable to be struck off the roll, if admitted, by reason of the solicitor to whom he may have been bound having been after such service struck off the roll, provided that such clerk be otherwise entitled to be admitted.

29. Application for striking persons off the roll for defect in Striking off for articles, registry, service, or admission and enrolment shall be defect in articles, made within twelve months from the time of admission, provided that such articles, registration, service, admission, or enrolment be without fraud.

31. No solicitor being a prisoner shall or may during his con- Imprisonment of finement, as a solicitor, in his own name or in the name of any

solicitor. other solicitor, commence or prosecute or defend any action or matter in bankruptcy. Solicitors acting contrary to this section shall be guilty of contempt of court, and be unable to recover fees in respect of such business.

32. A solicitor wilfully and knowingly acting as agent in any Solicitor not to action or suit or matter in bankruptcy, for any person not duly unt us lineat for

unqualified qualified to act as a solicitor, or permitting his name to be used persons. upon the account or for the profit of, or doing any other act to enable such person to appear, act, or practise as a solicitor in any action, shall and may be struck off the rolls, and such unqualified person shall and may be imprisoned for not more than a year.

37. No solicitor, nor any executor, administrator, or assignee Solicitors not to of any solicitor shall commence or maintain any action or suit commence

&c.

action for fees

(a) See, however, 37 & 38 Vict. c. 68, ss. 4-6, post, pp. 349, 350. (6) And see 37 & 38 Vict. c. 68, s. 12, post, 351.

till one month for the recovery of any fees, charges, or disbursements for any after delivery of business done by such solicitor, until the expiration of one month signed bill.

after such solicitor, or executor, administrator, or assignee shall have delivered unto the party to be charged therewith, or sent by the post to or left for him at his counting-house, office of business, dwelling-house, or last known place of abode, a bill of such fees, charges, and disbursements, and which bill shall either be subscribed by such solicitor (or in the case of a partnership, by any of the partners, either with his own name or with the name or style of such partnership), or by such executor, administrator, or assignee, or be inclosed in or accompanied by a letter subscribed in like manner referring to such bill; and upon the application of the party chargeable by such bill within such month, it shall be lawful, in case the business contained in such bill or any part thereof shall have been transacted in the [Chancery Division], or in any other court of equity, or in any matter of bankruptcy or lunacy, or in case no part of such business shall have been transacted in any court of law or equity, for the Lord Chancellor or the Master of the Rolls, and in case any part of such business shall have been transacted in any other court, for the [Queen's Bench Division] or any judge thereof, and they are hereby required, to refer such bill and the demand of such executor, administrator, or assignee to be taxed and settled by the proper officer of the court, and in the meantime proceedings shall be restrained.

In case such application shall not be made within the month, such reference may be made either upon the application of the solicitor, or the executor, &c., or upon the application of the party chargeable subject to such conditions as the court or judge making such reference shall think proper, and the solicitor, or his executor, administrator, or assignee may be restrained from proceeding in the meantime on such terms as shall be thought proper.

Provided that no such reference shall be directed upon an application made by the party chargeable with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of such solicitor, or his executor, administrator, or assignee, or after the expiration of twelve months after such bill shall have been delivered, except under special circumstances to be proved to the satisfaction of the court or judge to whom such application shall be made, and upon such reference, if either party having due notice shall refuse or neglect to attend such taxation, the bill may be taxed ex parte, and in case the party chargeable with such bill shall attend upon taxation, the costs thereof shall, except as hereinafter provided, be paid as follows: If the bill when taxed be less by a sixth part than when delivered, such solicitor, or his executor, administrator,

a

or assignee shall pay such costs, and if not, then the party chargeable with such bill making such application or so attending shall pay such costs.

The taxing officer may certify any special circumstances (a), and thereupon or when a reference shall have been obtained under special circumstances, the court or a judge may make any such order as to payment of costs of taxation as may be thought right.

The court or a judge may order a solicitor, or his executor, administrator, or assignee to deliver a bill, and deliver up deeds and documents touching the same.

A solicitor, or his executor, administrator, or assignee, need not in the first instance prove the contents of the bill delivered, but must prove that a bill of fees, charges, or disbursements was duly subscribed and delivered as aforesaid, but the other party may show that the bill did not constitute a bonâ fide compliance with this Act. 38. Where any person not the party chargeable shall be liable Bills may be

taxed on applito pay or shall have paid such bill, he may make application cation of third for taxation in the same manner as the party chargeable, pro- parties. vided that in case application shall be made when, under the prorisions herein contained, a reference is not authorised except under special circumstances, the court or a judge may take into consideration any additional special circumstances applicable to the applicant, although not applicable to the party chargeable if he had made the application. 39. When a trustee, executor, or administrator becomes Taxation of bills

chargeable on chargeable with any such bill, the Lord Chancellor or Master of executors, &c. the Rolls may, on the application of a party interested in the property out of which such trustee, &c., may have paid or be entitled to pay such bill, refer the same to taxation, subject to such conditions as such judge shall think fit. Provided that if the solicitor, or his executor, administrator, or assignee, shall be ordered to pay any money, such judge may order the same to be paid to such trustee, &c., instead of to the applicant, and if the applicant shall pay money to such solicitor, or his executor, administrator, or assignee, in respect of such bill, he shall be repaid by such trustee, &c. 40. On an application for taxation by other persons than the Copy of bill to

be delivered. party chargeable, the court or a judge may order the solicitor, or his executor, administrator, or assignee, to deliver a copy of the bill to the applicant on payment of the costs for the same, No bill shall be re-taxed unless directed by the court or a judge under special circumstances.

(a) Charges prima facie, and in the absence of explanation excessive, may constitute such a special circumstance: (Re Robinson, 17 L. T. 179.)

« PreviousContinue »