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Law of Attorneys, No. XII.

A bill for agency business done by one attorney for another is not within the statute of 3 Jac. 1, c. 7. § 1. Sandys and another, gents. v. Hornby, gent., 2 M. & M. 33. S. C. 4 Car. & P. 520. 1 L. O. 236. It has been supposed that the case of Heming and another v. Wilton, 1 M. & M. 529. 1 L. O. 109, 159) decided otherwise; but

in that case the business done for Mr. Wilton was as the defendant in a cause. See 1 L. O. 206.

By § 23 of 2 G. 2. c. 23, the restriction of actions relates to " any fees, charges, or disbursements, at law or in equity," until the expiration of one month, &c. It is material, therefore, in all the cases, to notice whether the demand includes any items for business done in Court, or at the several offices where the proceedings of the Court

are conducted.

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Business done under a commission of bankruptcy, is not business in respect of which an attorney is compellable to deliver a bill a month before taxation. Hamilton v.

Pitt, 7 Bing. 232. Yet it was decided that an attorney's bill for obtaining a bankrupt's certificate must be signed and delivered a month before suing thereon. Collins v. Nicholson, 2 Taunt. 321.

An attorney cannot maintain an action for a bill for business done at the Quarter Sessions, unless he has first signed and delivered it. Clarke v. Donovan, 5 T. R. 694, There is another authority besides this, for taxing a bill for business at the Quarter Sessions (Exparte Williams, 4 T. R. 496). But however the question may stand as to taxation, the case of Clarke v. Donovan appears at variance with the later authority above cited of Reynal v. Smith, which determines that the statute of James is confined to business done in the Superior Courts at Westminster.

Charges by an attorney for attending and advising a party in a suit, being taxable charges, the attorney cannot recover any part of his demand without leaving his bill with the defendant a month before action, according to 2 G. 2, c. 22. Smith v. Taylor, 7 Bing. 259.

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2d. Of Bills and Items liable to Taxation.

The Court has an inherent jurisdiction to tax the bills of attorneys practising in it, independently of the powers given by the statute 2 G. 2, c. 23. § 23, in cases where no actions have been brought on such bills. Therefore where an action was pending on an attorney's bill against two defendants, and a Baron at chambers made an order for taxation without imposing the terms of an undertaking to pay the sum found to be due, the Court refused a rule to rescind the order to impose such terms, for the order was made at common law, and not under the statute. Watson v. Postain, 2 Tyr. 406.

An action was brought by an attorney for the amount of his bill, which did not contain any taxable item: the defendant (who had before tendered part of the amount, but objected to the rest as unreasonable) moved to have it referred to the Master, on the ground of the general authority possessed by the Court over its officers. The Court (after conference with the other Judges) refused to interfere. Dagley v. Kentish, 2 B. & Ad. 411.

Obtaining the Lord Chancellor's signature, is business done in Court. 2 Taunt. 321. But quære whether this must not be a signature in the character of Judge of a Court of Equity. See Ex parte Dann, 9 Ves. 547.

A bill for striking a docquet and a journey to prosecute an affidavit of debt, is business relating to the bankruptcy, though previous to it, and therefore taxable. Ex parte Smith, 5 Ves. 706. This would not be the case unless a commission issued. See Burton v. Chatterton, 3 B. & Ad. 486.

The Court will refer an attorney's bill to be taxed, though all the business be done at the quarter sessions. Ex parte Williams, 4 T. R. 496.

The Court has power, under 11 G. 4, and 1 W. 4, c. 70. § 13, to direct the taxation of an attorney's bill for business done at the Great Sessions of Wales, that jurisdiction being abolished, although the party desirous of taxing them has delayed three months in making the application. Price v. Davies, 2 L. O. 76.

Business done in the Insolvent Debtors' Court was held to be within the statute. Smith v. Wattleworth, 4 B. & C. 364.

There Abbott, C. J. said, the first question is, was the business done at law? I am of opinion that it was, being done to obtain the discharge of a party arrested by process of a Court of Law. One argument urged

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Law of Attorneys, No. XII.

279.

Proceedings before the Lord Chancellor, as Visitor of a Royal Foundation, are not proceedings in Law or Equity within the statute. Ex parte Dann, 9 Ves. 547.

for the plaintiff, for some time produced a in the House of Lords, there being no criconsiderable effect upon me; viz. that the terion (it is said) by which their officer can Insolvent Court can admit persons to prac-do it, or any means to which he can resort tise there who are not attorneys of this or for assistance. Williams v. Odell, 4 Pri. any other Court, and that consequently their bills could not be taxable, or within the provisions of 2 G. 2, c. 23. But many things may be done in other Courts, as, for instance, in the Court of Quarter Sessions, by persons who are not attorneys, and no Court could tax the bills of such persons. But when the same business has been done by attorneys of this Court, it has been held otherwise. That argument, therefore, is by no means conclusive; as this plaintiff, an attorney of this Court, has done business which I consider business at law, it appears to me that he in like manner is subject to the provisions of the statute.

The following cases are on particular items which have been held taxable :- A dedimus potestatum charged in the bill is a sufficient item to enable the Court of Common Pleas to refer the bill for taxation, though, with this exception, it be entirely for conveyancing. Ex parte Prickett, 1 N. R. 266. An item for preparing a warrant of attorney to confess judgment, although it has never been executed, was held to render the whole bill taxable, and the usual notice necessary. Weld v. Crawford, 2 Star. 538. This is somewhat at variance with the decision in bankruptcy, that an affidavit not sworn and a bond not executed, is out of the statute. Burton v. Chatterton, 3 B. & Al. 486. Charges for drawing an affidavit and getting it sworn, are deemed business done in the Courts. 6 T. R. 645. A charge for holding Courts Leet as steward, in a bill containing taxable items, is held to be subject to taxation. Luxmore v. Lethbridge, 5 B. & Al. 898; 1 D. & R. 511.

An attorney having claims for conveyancing and for charges at law, received payment on account, without specific appropriation to either head of debt; it was held as one entire demand, and that the plaintiff could not apply the payments to the common law items only, to deprive the defendant of the right of taxation. James, gent., v. Child, 2 Tyr. 732.

3d. Bills and Items not liable to Taxation.

We proceed now to state the cases in which particular items have been held not to be within the statute, or the general power of the Court as to taxation.

The Court cannot order the taxation of an attorney's bill for business done solely

Charges for drawing an affidavit of debt and bond to the Chancellor, in order to obtain a commission of bankruptcy, but the affidavit never sworn, and the commission never issued, are held not to be within the words of the statute. Burton v. Chatterton, 3 B. & Al. 486. But see Sandom v. Brown, 4 Camp. 68.

The Court of Chancery has no authority to tax a solicitor's bill for business done in the great sessions in Wales, when nothing beyond costs was in dispute, and no detention of deeds. Ex parte Partridge, 2 Mer. 500.

If an attorney have a demand for taxable business, and also for conveyancing, and deliver no bill, it seems he might recover for the conveyancing only. 2 B. & P. 345.

An attorney need not deliver a signed bill for business done in the Middlesex Court of Requests. Becke, gent. v. Wells, 1 C. & M. 75.

A party agreeing to pay the solicitor's bill of a third party, cannot have it taxed, as the act applies only to cases between solicitor and client. Langford v. Nott, 1 J. & W. 291.

The bill of a town attorney employed in soliciting a cause as agent for the country attorney, is not taxable by the client. Wildbore v. Bryan, 8 Pri. 679.

An attorney, not having delivered any bill to his client before an action was brought, but having delivered a bill of particulars of his demand under a Judge's order after the commencement of the action, is entitled to recover items of charge for money paid for his client's use, having no reference to his business of an attorney, although other items in the bill of particulars might be taxable. Mowbray v. Fleming, 11 East,

285.

As a general rule, a bill cannot be taxed at the trial of an action brought upon it, nor after verdict; for if the business was really done (which must be proved at the trial), the delay of the defendant for more than a month in objecting to the quantum is an admission that he thinks it reasonable. Doug. 199. Barnes, 124. 2 B. & P. 237. But quære whether the Court will not order

Law of Attorneys, No. XII.-Abstracts of Recent Statutes.

a taxation at any time before trial; but then it should be on shewing some ground of objection, and on terms of bringing the money into Court. See Lee v. Wilson, 2 Chit. 63, where it was granted after trial on special terms.

The application to tax an attorney's bill for business done in suing out and prosecuting a commission of lunacy, should be made to the Lord Chancellor, though after action brought on the bill in a Court of Law. Quære whether a bill for such charge is taxable under 2 G. 2, c. 23, as for charges in law or equity. Jones v. Bywater, 2 Tyr. 402.

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14. It is also somewhat doubtful whether charges in lunacy are liable to taxation. Proceedings before the Lord Chancellor as Visitor of a Royal Foundation, are not so.

We do not enter at present on the class of cases in which taxations have been refused on the ground of a long previous settlement of accounts and security given, or under special agreements, or other peculiar circumstances. These are reserved for a future article.

The following is a summary of the points ABSTRACTS OF RECENT STATUTES. which appear to be determined, or left in doubt, by the preceding cases:

1. Any one taxable item in a bill of costs will render the whole liable to taxation.

2. A bill cannot be taxed at the trial, nor after verdict, except for fraudulent charges.

3. No bill is required to be signed and delivered before action, except for business done in the Superior Courts at Westmin

ster.

4. Nor is it required to be delivered by executors or administrators.

5. Or for agency business. 6. Or in bankruptcy.a

7. But such bills are liable to taxation. 8. If no bill has been delivered, and the particulars of demand contain no taxable item, it would seem the attorney might recover for items not taxable, although he had other charges clearly taxable.

9. Charges for business done solely in the House of Lords are not taxable. But for business done solely at the quarter sessions, they are taxable. (The grounds for these distinctions are not very apparent.]

10. Business in the Insolvent Debtors' Court, being done to discharge a prisoner from process at law, is within the statute. 11. But business at Courts of Request is not so.

12. The client only, not a third party, has a right to tax.

13. It is doubtful whether charges for preparing proceedings to be taken in the Courts, and particularly in bankruptcy, as affidavits and bonds, but which are not sworn or executed, are or are not taxable.

LIGHTING AND WATCHING.

3 & 4 W. 4, c. 90.

We shall first state the general scope of the Act, and then give an abstract of its provisions.

The Ist section repeals the former act of 11 Geo. 4, c. 27; but the 2nd and 3rd sections provide for the continuance of certain clauses

until the new act takes effect.

Sections 5 to 16 regulate the meetings of the rate-payers of each parish, to determine whether the provisions of the Act shall be adopted, the mode of proceeding, the amount to be raised, the demand of poll and taking votes, and the notice of adopting or abandoning the Act.

The mode of electing Inspectors is then provided, the taking their accounts, supplying vacancies, holding meetings, the security to be given by the Treasurer. Proceedings against officers for neglect to account or receiving fees, and as to suits and entering proceedings and accounts, sec. 17 to 31.

The collection and levying rates are provided for by sec. 32 to 38.

Watchmen are to be appointed; and their duties are prescribed by sec. 39 to 43.

Fire engines, lamp irons, gas pipes, and nuisances arising from gas works, are the subjects of sec. 44 to 56.

The power of the Inspectors as to contracting for works under the Act, and enforcing such contracts, are provided by sec. 57 to 61. Prosecutions and penalties, appeals and

a The establishment of the Court of Review as one of the Superior Courts at Westminster, may render the delivery of a signed bill neces sary; but it is not a Court of Law or Equity actions, under the Act, are regulated by sec.

within the words of the statute.

62 to 70.

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Parishes may adopt parts only of the Act, under sec. 71 to 73.

Saving clauses are enacted in favour of the Commissioners of Sewers, by sec. 74 and 75, and in favour of the Universities, by sec. 76.

The construction of the Act is defined in sec. 77, and the last clause declares this to be a public Act.

The Act passed on the 28th of August last, and is intituled, "An Act to repeal an Act of

the Eleventh Year of His late Majesty, King George the Fourth, for the Lighting and Watching of Parishes in England and Wales, and to make other provisions in lieu thereof."

1. That from and after the passing of this act, the act passed in the eleventh year of the reign of His late Majesty King George the Fourth (cap. 27) shall be and the same is hereby repealed.

2. Provided that nothing herein contained

shall extend to interfere with any rates made, acts done, or contracts or agreements heretofore made under the authority of the said act previous to the repeal, or to prevent or defeat any prosecution commenced, or to be brought for any offence against the said act; but all

principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to the parochial affairs of any such parish, and also by publication of the same in the parish church or chapel on the Sunday previous to the day appointed for holding such meeting, during or immediately after divine service.

6. That such person as may be elected by the rate-payers present shall preside as chairman at such meetings; and that if any controversy shall arise at any such meeting as to the qualification or right of voting, or eligibility of any person claiming to vote, or as to the qualification or eligibility of any candidate, such controversy shall be determined by the chairman presiding at such meeting.

7. That the chairman who shall preside at any meeting assembled as herein directed shall read, or cause to be read, the requisition whereupon the meeting shall have been summoned, and shall require the persons assembled thereat to determine by majority of votes, whether the provisions of this act shall or shall not be adopted: provided that it shall be lawful for the majority of the rate-payers present to adjourn such meeting from time to time.

rates made, and penalties and forfeitures in- provisions shall from thenceforth take effect

curred, may be raised, levied, sued for, and recovered, and all contracts and agreements may be enforced, and all nuisances and other offences made or committed previously to the repeal of the said act against the provisions of the said act, may be abated or prosecuted by the inspectors appointed under the said act, or this act, in the same manner to all intents and purposes as if this act had not been passed.

3. Provided that the inspectors appointed under the authority of the said act shall continue to act, and shall have the same powers, authorities, and be subject to the discharge of the same duties as the inspectors to be appointed under the authority of this act.

4. That this act shall apply to and may be adopted, under and subject to the regulations herein contained, by all or any of the parishes

in England and Wales.

Vestry meeting to adopt the act.

5. That from and after the passing of this act, upon the application in writing of three or more of the rate-payers of any parish, the churchwardens may and are hereby required, within ten days after the receipt of such application, to appoint a time and place for a public meeting of the rate-payers, for the purpose of determining whether the provisions in this act shall be adopted and carried into execution. Provided that the time appointed for holding the said meeting shall not be less than ten days, and not more than twenty-one days from the time of the application; and that notification of the time and place of meeting shall be made by forthwith affixing a notice on the

8. That if at any such meeting it shall be determined by a majority consisting of two thirds of the votes of the rate-payers present at such meeting that the provisions of this act shall be adopted, then and in such case such and come into operation in such parish; and it shall forthwith be determined that a certain number, not being more than twelve nor less than three inspectors, shall be elected to carry such purposes into effect; and the number of inspectors so determined upon shall be elected in manner herein mentioned.

9. That the rate-payers of such parish shall, at their first meeting, or at some adjournment thereof, and so on from time to time in every succeeding year at a meeting to be called for that purpose in manner herein directed, fix and determine the total amount of money which the inspectors shall have power to call for in any one year, in order to carry into effect the provisions of this act, such sum to be raised in the manner herein directed, upon the full and fair annual value of all property rateable for the relief of the poor within such parish, such full and fair annual value to be computed according to the last valuation for the time being acted upon in assessing the poor's rate for the said parish: Provided that any five rated inhabitants, qualified to vote as herein mentioned, may, at such meeting or adjournment thereof, in writing given to the chairman of the said meeting, demand a poll to be taken of the rate-payers qualified to vote upon the question as to whether this act and the provisions thereof, or any part thereof, shall be adopted in such parish, and also as to the amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, and which said demand of a poll the said chairınan is required

Abstracts of Recent Statutes.

169

forthwith to deliver to the churchwardens of 12. That the said churchwardens shall care

the said parish.

10. That the said churchwardens shall, on the first Sunday next after the receipt of such demand of a poll, affix or cause to be affixed a notice on the pri principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to parochial affairs of any such parish, specifying some day, not earlier than ten days and not later than twenty-one days after such Sunday, and at what place or places within the said parish, the rate-payers are required to signify their votes for or against the adoption of this act, or such part thereof as may have been agreed upon at the said meeting, as well as with respect to the annual amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, which votes shall be received on two successive days, commencing at eight of the clock in the forenoon and ending at four of the clock in the afternoon of each day; and the said notice shall be to the following effect:

"The churchwardens of this parish [insert the name of the parish] having received a demand for a poll, duly signed according to the provisions of an act of the fourth year of the reign of King William the Fourth, intituled An Act, &c. [setting out the title of the act], the rate-payers of this parish of [insert the name of the parish] are hereby required, all and each of them, on the

day of

next, and the following day, to signify to the said churchwardens, by a declaration, either printed or written, or partly printed or partly written, addressed and delivered to one of the churchwardens at [insert here the pluce], their votes for or against the adoption of the aforesaid act, or so much thereof as relates to watching or lighting [as the case may be], the amount of the money to be raised in the succeeding year for the purposes thereof, being

There insert the sum agreed on at the meeting], and the number of inspectors to be elected [insert the number also agreed on], such sum and such number of inspectors being fixed and determined upon at a meeting of the rate-payers called pursuant to the said act.

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street [or

vote

place or house] in this parish of [for or against, as the case may be,] the adoption of the act of the fourth year of the reign of his Majesty King William the Fourth, intituled An Act, &c. [set out title of the act], or so much thereof as relates to watching or lighting [as in the notice], the amount of the money to be raised in the succeeding year for the purposes thereof, being [as in notice], and the number of inspectors to be elected notice]."

[as in

fully examine the votes to them delivered as aforesaid, and shall compare them with the last rate made for the relief of the poor of the said parish, and shall be empowered to call before thein and examine any parish officer touching the said votes, or any rate-payer so giving his vote, and after a full and fair summing-up of the said votes, shall, by public notice according to the form and manner hereafter prescribed, declare whether or not twothirds of the votes given have been given in favour of the adoption of the said act (or so much thereof as relates to watching or lighting, as in the notice), and also as to the sum of money to be raised in the succeeding year, and the number of inspectors to be elected to be (as in the notice): Provided that the whole number of persons voting shall be a clear majority of the rate-payers of the parish: Provided also, that in case of a poll being demanded, the adoption or non-adoption of this act, with the sum to be raised, and the number of inspectors to be elected as aforesaid, shall be decided by such number of votes as aforesaid: Provided also, that the expenses incurred by the churchwardens in calling such meeting, giving the notices as aforesaid, and in taking such poll, shall be paid out of the rate collected for the relief of the poor in the said parish.

13. Provided, that any of the rate-payers, not exceeding five together, may inspect, at or in the vestry room or in some convenient place within the parish, and they are hereby empowered to inspect, the votes for and against the adoption of this act, with the sum to be raised, and number of inspectors to be elected at all seasonable times within one month after such notice shall have been given; and the churchwardens are hereby required carefully to preserve, and freely to permit, the examination thereof by the rate payers at all seasonable times within the period aforesaid.

14. That no person shall be deemed a ratepayer, or be entitled to vote, or do any other act, as such, under the provisions of this act, unless he shall have been rated to the relief of the poor for the whole year immediately preceding, and shall have paid all the parochial rates due from him at the time of so voting or acting, except such as have been made or become due within the six months immediately preceding.

15. That notice of the adoption of this act, (or any part thereof, specifying it,) with the amount of the sun to be raised in the succeeding year, and the number of inspectors to be elected by any parish, shall be forthwith given by the churchwardens by affixing a notice to the principal door of every church and chapel within the parish, or on the usual place of affixing notices; tices; and in such case, the provisions of this act shall from thenceforth take effect and come into operation in such parish: Provided, that it shall be lawful for the inhabitants present at any meeting at any time after the expiration of three years from the time when the provisions of this act shall have been adopted, to determine that the provisions of

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