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tiger, the wolf, and the bear; and to whatever saying that every one is to be taken to know the degree of tameness or domestication the individual law. Look at the law's extent! Look at its comelephant is brought he cannot get out of this dis- plexity! Putting public policy aside, however, for creditable connection or classification, which af- i the moment — considerations of social necessity firms that elephants as a species have not been is the presumption such a harsh one after all? All reduced to a state of subjection. Critics of the sound presumptions of law are based upon experilaw may well ask why it would not have been ence of fact. The law presumes malice from an enough in these cases of animals fere nature to injurious act because nine times out of ten such have applied the general standard of reasonable malice does exist; the law presumes the legiticare, care commensurate with the risk — the primacy of a child born in wedlock - given the opmary rule of law - instead of requiring the owner portunity of access - because children under such of a dangeros animal to insure safety, and visiting | circumstances generally are legitimate; and in the him with consequential damages, whatever pre- analogous case of presuming knowledge of the cautions he may have taken by chaining or other law, the law is not so very far wrong. Most wise — nay, according to Lord Bramwell, though people do know the law as it affects them or their lightning may have fused the chain. The reasons

business. The press, for instance, as the Argus which seen to have weighed with our court have

case shows, is quite aware of its duties and liabilbeen the magnitude of the danger and the diffi-ities in the matter of reporting, and indeed of the culty of proving negligence; but this difficulty law of contempt, though in a momentary impulse might have been met by adopting the principle of of anger at being lectured an editor may blaze up French law — that is to say, by making the owner into a total disregard alike of law and good taste. of an animal liable prima facie for its misdoings, | The criminal class, again, is quite cognizant of the unless such owner can disprove negligence on his pains and penalties to which it exposes itself, and part, thus throwing the onus on the owner. Tliis

has been known even to put the judge himself is the law of most continental countries with re

right on these points. Promoters, again. Their spect to animals, and a very rational one. Roman knowledge of the intricacies of company law is law had an extremely convenient way of extricat- often a lively surprise to the professional lawyer. ing itself from the difficulty. This is its formula: Who will say that the solicitor is not intimately If a bear escapes from his master and thus suc

acquainted with the law in its various phases as it ceeds in doing mischief, the master cannot as

concerns him? The fact is, we very quickly pick quondam dominus be called to account, because he

up knowledge of things which it is our interest to has ceased to be master when the animal has

know. escaped. ' Has ceased!” Yes! but how did the

But there is a deeper sense in which the prebear manage to make away? – Law Journal sumption is true. All law has a moral basis: it (London).

may be reduced almost to three maxims, Suum

cuique tribuere, Alterum non lædere, Honeste vivere, THE PRESUMPTION AS TO KNOWING

representing respectively the fundamental princiTHE LAW.

ples of the law of contracts, the law of torts, and of

the criminal law. Every man is conscious of these NCE, and but once,” says Charles Lamb in principles in himself. They have been familiar to his “ Christ's Hospital Memories,” the

him ever since he learned to recite his “ Duty to uplisted rod was known to fall ineffectual from his his Neighbor” from the Church catechism. A hand, when droll, squinting W., having been knowledge of them may not enable a plain man to caught putting the inside of the master's desk to a

solve all the puzzles of the law, but they are a use for which the architect had clearly not designed lucerna pedibus which will save him from any seriit, to justify himself with great simplicity averred

ous legal pitfalls. — Law Journal (London). that he did not know that the thing had been forewarned. This exquisite irrecognition of any law antecedent to the oral or declaratory struck so

LEGAL WIT AND HUMOR. irresistibly upon the fancy of all who heard it the pedagogue himself not excepted that remis- N Irishman about to die childless directed his sion was unavoidable.” But what would happen solicitor to leave all his money to the elder to society if this plea were to be allowed, and a son of his brother, and, if he had no elder son, man who had libelled his neighbor or gone then to the second. through the ceremony of marriage with another An attorney stating a person named in an affiwoman while his wife was still alive were allowed davit was dead, Lord Chancellor Thurlow said: to plead that he did not know traducing a man's “How do I know that?” “My lord,” replied the character or committing bigamy was malum pro- attorney, “I attended the funeral; he was my hibitum, or that “the thing had been forewarned?" | client." · Why, sir," said Thurlow,“ did you not If he could, the social fabric would soon crumble mention that at first? A great deal of time and away. Yet it seems at first sight rather a hard trouble might have been saved. That he was your

“ ON


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client is some evidence that he may be dead. Noth- oddity of the speech, were almost driven into ing was so likely to kill him."

hysterics by the judge replying: “Tickle her yourIt was said of an eminent lawyer now dead that: self, Harry; you are as able to do it as I.” “When facts were weak, his native cheek

In the year 1547 a law was issued by Henry VIII Brought him serenely through."

“that women should not meet together to babble

and talk, and that all men should keep their wives Lord Thurlow once built a house in the neigh

in their houses." borhood of London. Now, he was first cheated by his architect, and then he cheated himself, for the house cost more than he expected; so he

ARE LAWYERS MERCENARY ? would never go into it. As he was coming out of the queen's drawing-room, a lady whom he knew URING a period whereof the memory of man stopped him, and asked him when he was going runneth not to the contrary, the legal prointo it. “Madam,” said he, with his well-known fession has been made the target for “the slings politeness, “ the queen has just asked me that im- and arrows ” of the wits and satirists of each genpudent question, and as I would not tell her, I will eration on account of the alleged cupidity of its not tell you.”

members in the matter of fees. Milton's biting Curran's Wit. — A witness having sworn that as

words in his “ Tractate on Education ” in connec he was returning at a late hour from a supper

tion with the subject, the satire of Macklin in hi party he was assaulted by Curran's client, the comedy of “ Love à la Mode," and the countless counsel, in his cross-examination, asked him “if other disparaging references of a similar nature the number of eggs that composed his supper was

with which our literature is so plentifully internot more than that of the Graces and equal to spersed, all reflect the popular conception of the that of the Muses? if he did not drink a little mercenary character of the legal practitioner. coarse claret at dinner by way of foundation, to

Some of this, no doubt, was only half-seriously keep the claret out of the wet? if he did not swal

intended, but it is difficult to deny that in the past low a squib after dinner, by way of Latin for his

there was some justification for the popular view. goose? and if, after his foundation of white wine,

Under the old system of practice and pleading, with a superstructure of claret, a stratum of nine

when, as Mr. Birrell has remarked, so much eggs, a pint of porter, and a super-cargo of Geneva

subtle law was manufactured on a purely imagipunch, his judgment was not a little under the nary state of facts, the client might well doubt yoke?”

whether he was getting full value for his money At Sir Francis Delaval's election at Andover

when he found so much time employed, or rather

wasted, in the discussion of peddling questions of the attorney's bill was not discharged. It had been running up for many years, and, though large pleading having little, if any, bearing on the merits sums had been paid on account, a prodigious bal

of his suit. A good anecdote is always welcome.

In one of his books, Samuel Warren, a man of ance still remained to be adjusted. The affair

inordinate vanity, but at the same time of uncame before the Court of King's Bench, when

doubted ability and literary skill, tells the followamong a variety of exorbitant and monstrous

ing little story: “I recollect a case,” he says, charges there appeared the following article: “ To

where a client of mine had his declaration on a being thrown out of the George Inn, Andover; to

bill of exchange demurred to, because, instead of my legs being thereby broken; to surgeon's bil

the words in the year of our Lord, 1834,' he had and loss of time and business, all in the service of

written `A. D. 1834.' I attended the late Mr. Sir F. B. Delaval, £ 500."

Justice Littledale at chambers to endeavor to get A gentleman who had a suit in Chancery was

the de urrer set aside as rivolous, or leave to called upon by his counsel to put in his answer,

amend on payment of a shilling; but that puncfor fear of incurring a contempt. “Well," says

tilious though very able and learned judge refused the client, “why is not my answer put in then?"

to do either. “Your client, sir,' said he, ‘has com“How should I draw your answer," saith the law

mitted a blunder, sir, which can be set right only yer, “without knowing what you can swear?"

on the usual terms, sir. “ A. D.," sir, is neither “ Hang your scruples,” says the client again;

English nor Latin, sir. It may mean anything or “pray do your part of a lawyer, and draw me a

nothing, sir. It is plain, sir, that here is a masufficient answer; and let me alone to do the part

terial and traversable fact, and no date to it, sir,' of a gentleman, and swear it."

and so forth; whereupon he dismissed our poor A lawyer, now deceased, a legal wag, was one summons with costs." This exquisite foolery day pleading before a Scotch judge. Happening spelt costs — between £7 and £8 in that particular to have a client, a female of the name of Tickle, instance — and it was hardly surprising that the defendant in an action, he commenced his speech suspicion should get abroad that a system which in the following strain: “ Tickle my client, the de- countenanced such pitiable quibbling had been fendant, my lord." The audience, amused with the specially devised as an ingenious method for the


heaping up of costs. We have changed all that, are beggarly in the extreme. Not only that, he is or very nearly done so, for, although clients still expected to give his services now and then withgrumble, and no doubt will continue till the end out any remuneration at all. Sir Walter Scott, of time to grumble, at the cost of litigation, they whom we are proud to remember was of our promay at least have the satisfaction of knowing that session, tells us that for his successful defense of a the fees they pay are, in the main, applied in the sheepstealer and poacher the reward he got was honest endeavor to get at the real root of the the promise of a hare, and that from another of litigated matter, instead of being frittered away in his clients, a burglar, the fee took the shape of discussions barren of any practical result save the this piece of advice - valuable indeed as coming painful one - from the client's point of view – of

from an expert namely, that the best safeguards a much heavier bill of costs.

against burglars were, first, a yelping terrier kept But, while it may be conceded that by the inside the house, and secondly, a door provided operation of an iniquitous system now for the with a large and, if possible, rusty key! These most part swept away there was, as has been said, may be classed among the curiosities of barristers' some ground for the popular conception as to the fees, as also may that which the late Sir Frank mercenariness of the legal profession, there is Lockwood received for his defense of Peace, the nevertheless another side to the shield. H vever

notorious criminal. In his biography of Locksceptical the lay mind may be on the point, disin- wood, Mr. Birrell tells us that after Peace was terestedness in the matter of fees has on many sentenced he sent a special message to his advooccasions been conspicuously shown by lawyers. cate thanking him for his exertions, and at the Marsfield returned nine hundred and ninety-five same time begging his acceptance of the ring of the thousand guineas sent him as a retainer by which accompanied the message. The ring, it is the famous Sarah, Duchess of Marlborough, with added, was a most evil-looking thing, made of the an intimation that the professional fee with a basest of metals and bearing a suspicious resemgeneral retainer could neither be less nor more blance to a knuckleduster. Lockwood accepted it, than five guineas” (Campbell, Chief Justices, vol. said he had never had anything half so handsome 2, p. 343). Topping, a king's counsel, who died given him before, and took it home; but Mrs. in 1821, did the like. Instead of quietly pocketing Lockwood, says Mr. Birrell, declined to give the the large check, he returned it with the obser- thing house room even for one night! This was vation that the amount - a thousand guineas Lockwood's fee! More amusing still is the story indicated either a doubt of his doing his duty on of the honorarium received on one occasion by the ordinary terms known to the profession, or an James Crauford, of the Scotch bar, who afterwards expectation that he should do something beyond attained to the dignity of a judgeship of the Court the line of his duty. As in Mansfield's case, he of Session with the title of Lord Ardmillan. At contented himself with the modest five guineas. one time he had a considerable practice at the bar Ar incident very similar marked the career of the of the General Assembly of the Church of Scotlate Lord Justice Kay, as was mentioned in these land, but it is said that from some of his clerical columns after his death. A consultation was being clients the remuneration he received did not err held in his chambers in a suit not specially diffi- on the side of extravagance. One of these clients, cult, but in which many different interests had to who was charged with drunkenness, instructed be represented. The estate was large, and so were Crauford just as his case was about to be called on. the fees. In the middle of the consultation Kay and at the same time handed him a neat little inquired how much was marked on his brief; on packet of something that looked in bulk like a fee being told he said, That is far too high," and of perhaps fifteen or twenty guineas. After the told his clerk to put down about a third of the

case was over — it ended in the deposition of the anicunt.

bibulous minister – and Crauford got home, he Such exhibitions of disinterestedness in declin- undid the roll, but found to his dismay that it irg to accept excessive fees do not, it is true, occur contained, not golden guineas, but six peppermint every day; but neither do the opportunities for lozenges of the kind most efficacious in stifling heir exercise come with undue frequency.

the odor of whiskey! Such stories – they might Large fees are no doubt sometimes paid to coun. be multiplied almost indefinitely – besides the sel, but no: so commonly as is generally supposed. amusement they afford, likewise bear ample testilinmeuse honoraria, such as the £10,000 paid to mony to the large amount of work which the Serieant Ballantine for his defense of the Gaekwar lawyer is called upon to undertake without fee or of Baroda, or the £24,000 received by Mr. Peter- reward. What would a tradesman say is requested son for defending a great Indian contractor, are to go and do likewise? If much is to be set down by no means the standard according to which the on the debit side of the lawyer's account, it may rank and file of the profession are remunerated. at the same time fairly be claimed that he is entiNever in his wildest dreams does the ordinary bar- tled to counterbalance those with not a few subrister conjure up visions of fees such as those; he stantial items on the other side. — Law Times has to be content with sums which by comparison (London).

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Legal Notes.

It is held that associations of this kind are not cor

porations in the eyes of the law. The board of A Georgia judge recently, in deciding a

directors by virtue of the rules and by-laws of the against a man who had been missing for many association, were fully empowered to dispose of years, then suddenly appeared and claimed part of the assets of the company with the consent of a an estate, made this comment: “ I scarcely think majority of the stockholders. Justice Beekman, the statute of relations will stop and wait for him

in reply to the contention that by the sale of the any more than the village of Falling Waters Wagner company to the Pullman a trust was orzwaited the awakening of Rip Van Winkle, or the ganized, said he saw nothing hurtful in combinawise of Enoch Arden awaited his return."

tions of this kind. The decision further contained

a statement of the terms upon which the sale was Justice Brewer the other day told a story of an

negotiated. Indiana justice of the peace who owned a farm.

Each stockholder in the Wagner con

cern received for his stock, approximated at a One line of his fence formed the boundary of the

valuation of $180 par, a share in the Pullman coinStates of Indiana and Ohio. Like others in rural districts who hold office, he had an abnormal ap

pany at $100 par.

The Court of Appeals and the United States preciation of the responsibility of the office, and

Supreme Court have now rendered decisions never lost an opportunity to exercise his preroga

which confirm the title of the State to large tracts tive of demanding that the peace be preserved.

of land in the Adirondacks secured at tax sales, One day his son and his hired man got to fighting

says the Rochester Democrat and Chronicle. The on a stretch of the farm near the boundary line

Court of Appeals decides that the limitation of the fence, and the justice of the peace rushed out and

right of redemption prescribed by the statute of mounted the fence. Then, with head cocked high

1885 is valid. This statute 'was intended to end and the air of one who has but to command, he shouted, “ In the name of the State of Indiana I

definitely the system of allowing lands that had bedemand the preservation of the peace!” Just payment of taxes, with the expectation of getting

come burdensome to go to the State for nonthen the fence gave way under his weight and as

them again at some future time. Many speculahe went down with the fence toppling over to the

tive enterprises for taking from the State land Ohio side he shouted to his son: “Give him the

acquired by tax sales will be nipped by the decimischief, Jim; I've lost my jurisdiction!”

sions of the courts. The decision by the Supreme The gown question has been of late settled in

Court is in favor of the State in the suit of the New York in favor of the judges wearing black

Saranac Land and Timber Company for the ejectsilk gowns, but it is still under discussion in New

ment of Comptroller Roberts. It is gratifying to Jersey, says the Albany Argus. The wearing of know that the State's interests are properly decourt regalia was abolished in that State in 1791,

sended instead of being weakly abandoned to the the minutes of the Supreme Court showing that on

speculators in Adirondack land. In years past May ii of that year the counselors of the court

land was surrendered freely. presented a formal petition “that inasmuch as the

Governor Roosevelt has vetoed Assemblyman wearing of bands and bar gowns is found to be Joseph I. Green's bill amending section 66 of the troublesome and inconvenient, and also deemed

Code of Civil Procedure, to prohibit the settlement by your petitioners altogether useless, the rule of

of cases without consent of counsel. this court made for that purpose may be vacated."

In a memorandum filed with the dead bill, the The rule was ordered vacated, and since then re

governor says: “I withhold my signature from publican simplicity has been the order of the day this bill because in my judgment it is thoroughly in the courts of New Jersey. But, although the

vicious. It provides that no settlement of any law New Jersey judges are reported to be almost

suit shall be valid without the consent of the attorunanimous in their opposition to the revival of

neys, or without an application to the court, upon gowns, the New Jersey bar, headed by the attor

notice to the attorneys. The Code now provides ney-general, who is president of the State Bar all necessary security for an attorney, in that it Association, seems to be in favor of the adoption gives him a lien upon the cause of action. This of gowns by the bench, and the probability is

bill would be a benefit chiefly to the very lawyers that the judges will ultimately be persuaded to

whom the honorable members of their profession acquiesce.

least desire to see benefited — that is, to those who Justice Beekman, in the New York Supreme bring suits for damages on account of accidents, Court, First Department, has decided, on applica- and who wish to be in a position to mulct both tion of a stockholder in the Wagner Palace Car their own clients and the defendants, in case of Company, that an injunction pendente lite should settlement. In its first draft the bill applied only not issue restraining the board of directors of the to negligence suits. An unscrupulous attorney Wagner company from dissolving that association, might turn it to his advantage by bringing a blackand making over to the Pullman Palace Car Com- | mailing suit at the eve of any great commercial or pany the assets and good will of their concern. railroad consolidation, when it would be in his power to hold up a settlement involving great ambitious of that honor, and I hope in this case to sums of money. In short, the possibilities for stand in the same way. fraud which are afforded by this bill are so numer- “ Lord Clonmell: If you print or publislı what ous that it is not entitled to any consideration.” may inflame the mob, it behoves the judges of the

land to notice it, and I tell you, by the Eternal God, that if you publish or misstate my expres

sions, I will lay you by the heels." English Notes.

Brave words, which now sound quite comical.

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It is perhaps not generally known that the Prince of Wales is a member of the legal profes

Legal Langhs. sion a bencher of the middle temple.

Judge Dane, who in October last dismissed a When Oliver Cromwell first coined his money, civil bill for damages for assault because the plain

an old cavalier, looking upon one of the new tiff refused to be sworn and give his evidence in pieces, read this inscription on one side, “ God English, has been reversed by Mr. Justice Murphy, with us; on the other, The Commonwealth of says the Law Times. This case provoked a good England.” “I see,” said he, “ God and the comdeal of discussion at the time, and was the subject monwealth are on different sides.” of a question in the house of commons. Judge Dane formed the idea, erroneously as it would

In the reign of George II one Crowle, a counsel seem now, that the plaintiff understood English of some eminence, made some observation before well enough, and that his request to be allowed to

an election committee which was considered to give his evidence in Irish was prompted by some

reflect on the house itself. He was accordingly ulterior motive. Accordingly, as the man declined

summoned to appear at their bar; and, on his to speak anything but Irish, the case was dismissed knees, he received a reprimand from the speaker. with costs. Mr. Justice Murphy, however, took

As he rose from the floor, with the utmost nonanother view, and allowed him to give his evidence chalance, he took out his handkerchief, and wiping in the language to which he was accustomed. In

his knees coolly observed that “it was the dirtiest the result the plaintiff proved his case, and was

house he had even been in in his life." - Law awarded a moderate suni as damages for the as

Times (London). sault, with costs. Judge Dane's action, however Lord Chief Justice Holt, who had been very wild well-intentioned, seemed at the time to be some- in his youth, being once upon the bench at the Old what harsh, and very few will regret the result of Bailey when a fellow was tried and convicted of a the appeal from his decision.

robbery on the highway whom he remembered to Apropos of the question whether there is any

have been one of his old companions, curiosity inparallel to the warning recently given by Mr. Jus

duced him to inquire into the fortune of the contice Darling to the Birmingham Press, the Law temporaries with whom he had once associated, Times says:

and of whom he had known nothing for many A correspondent, who is devoted to research in

years; he therefore asked the fellow what had belegal history, supplies us with the following inci

come of Tom and Will, with the rest of the tribe

to which they belonged. The fellow, fetching a dent in the career of John Scott, Earl of Clonmell, who was chief justice of Ireland from 1784 till his deep sigh and making a low bow, “ Ah! my lord,” death in 1798. Lord Clonmell presided at the trial,

said he, “they are all hanged but your lordship

and I." in 1794, of Mr. Hamilton Rowan for sedition. He saw the advertisement of a report of that trial, and " Mr. Abrahams," said Lord Mansfield, “this thus accosted Mr. Byrne, the publisher. We

man is your son, and cannot go on the same bail quote from Rowan's Autobiography:

bond." He ish not my son, my lord.” Why, Lord Clonmell: Your servant, Mr. Byrne. I Abrahams, here are twenty in court who will swear perceive you have advertised Mr. Rowan's trial.

to it.” “I will shwear, my lord, he ish not.” “ Byrne: The advertisement, my lord, is Mr. Take care, Abrahams, or I will send you to Rowan's. He has selected me as his publisher, prison.” Now, my lord, if your lordship pleases, which I think an honor, and hope it will be profit. I will tell you the truth.” Well, I shall be glad able.

te hear the truth from a Jew," replied Lord MansLord Clonmell: Take care, sir, what you do. field. “Now, my lord, I wash in Amsterdam two I give you this caution, for if there are any reflec- years and three-quarters; when I came home I tions on the judges of the land, by the Eternal God find this lad; now the law obliges me to maintain I will lay you by the heels.

him, and consequently, my lord, he ish but my Byrne: I have many thanks to return to your son-in law." Well, Moses,” rejoined Lord Manslordship for the caution. I have many opportuni- field, this is the best definition of a son-in-law I ties of going to Newgate, but I have never been ever heard.”


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