The Law of Attorneys, No. XVI.

Judge the weight of whose authority adds force to the reasons on which his decision is founded; but how much more important is it that a Judge of Appeal should be possessed of such authority with the suitor, and the profession, and the public, when it is considered that the question before him is not only which of the parties is in the right, but whether or not the tribunal that tried the cause is in the wrong; and how incalculable does the importance of authority become in the case of him who is the ruling member of a judicature which is set over all the other tribunals in the country-the person who in fact comes forward on every occasion to tell all other Judges whether they have been in the right or in the wrong. As the law is at present administered, the first, or nearly the first, among its members, is sure to hold the Great Seal, and a general opinion is found to prevail in favor of his qualifications. If in the system any change were made by which it would become possible to place inferior men in the station, the public confidence would speedily be estranged from the Chancellor; but while it is impracticable to abuse this the highest patronage of the Crown, that is, while there are most important and difficult duties annexed to the office, the holder must both obtain and merit a high degree of respect. Every thing indeed conspires to produce this under the old arrangement; but if he is unknown in any Court, and taken only to preside in the Lords,

no man can say how he is to be estimated there is no standard to try him by; no one to compare him with; he is only known by his office, and that a new one. He is an Appeal Judge, but who can tell what qualities that implies? He ought indeed to know all Law and all Equity, but where has he shewn his accomplishments? - where does he exhibit them in the manner in which alone they can be brought to the test before a regular bar?

THE LAW OF ATTORNEYS.
No. XVI.

LIEN ON JUDGMENTS. STATUTE OF LIMITA

TIONS.

The following decision, on the subject of the lien of attornies for their costs upon judg

455

ments, is material, to show the instances in which the Statute of Limitations does not affect the claim; for the statute bars the remedy only, and not the debt. Where, therefore, an attorney for a plaintiff had obtained judgment, and the defendant was afterwards discharged under the Lords' Act, but at a subsequent period a fi. fa. issued against his goods, upon which the Sheriff levied the damages and costs: it was held, that the attorney (though he had taken no step in the cause, or sought to recover the amount of his bill of costs within six years) had still a lien on the judgment for his bill of costs, and the Court directed the Sheriff to pay him the amount out of the proceeds of the goods.

In an action for an assault, commenced in 1822, final judgment was obtained in Michaelmas Term, 1823. There were no proceedings taken in the cause, or for the purpose of recovering the amount of the attorney's own bill of costs, after Easter Term, 1824, when the defendant was brought up under the Lords' Act, and remanded, on the plaintiff's undertaking to pay the sixpences; but he failing therein, the defendant was afterwards discharged. In June, 1830, a fieri facias, direct rected to the Sheriff of Somersetshire, commanding him to levy the damages and costs, issued against the goods of the defendant, at the instance of the plaintiff, and the Sheriff thereupon levied 1147. The attorney obtained a rule nisi, calling on the plaintiff, or the Sheriff of Somersetshire, to pay over to him the money levied, on the ground that he had a lien to a greater amount on the judgment for his bill of costs. On the rule coming on in Hilary Term, it was referred to the Master to

the extent of 927. 10

ascertain whether Mr. Hyatt, the attorney, had
any and what lien. The Master reported that
he had a lien to
108., unless
the debt was barred by the Statute of Limita-
tions. A rule nisi was obtained for discharging
the former rule, on the ground that the debt
claimed by Mr. Hyatt was barred by the Sta-

tute of Limitations.

Mr. Campbell contended that the Statute of Limitations bars the remedy, not the debt; and therefore it was held by Lord Eldon, in Spears v. Hartly, 3 Esp. 81, that although the statute has run against a demand, if a creditor obtain possession of goods on which he has a lien for a general balance, he may hold them for that demand by virtue of the lien.

Mr. Follett, contrd.-The Master has reported in favour of the lien, in the event only of the debt not being barred by the Statute of Limitations. Now it is clear that if Hyatt had brought an action against the plaintiff for his bill of costs, the Statute of Limitations would have been an answer; Rothery v. Munnings, 1 Barn. & Adol. 15; and if the remedy by action is gone, he has no right to enforce his

456

Objections to the English and Irish Judgments Bill.

claim by taking from the plaintiff the benefit land, having no power to compel the atof the execution now issued by the plaintiff himself against the defendant.

Per Curiam. - The Statute of Limitations bars the remedy, not the debt; and it having been ascertained that Hyatt has a lien unless the debt be barred by the statute, it follows that he has a right to the satisfaction of his demand out of the sum now levied.

The rule was made absolute, on the Sheriff's paying over to Hyatt the sum of 921. 10s. Higgins v. Scott, 2 Barn. & Adol. 413.

OBJECTIONS TO THE ENGLISH

AND IRISH JUDGMENTS BILL.

We hear that several objections are urged against the principle, as well as the details of this bill, an analysis of which is stated at p. 408. At present, it is competent for a plaintiff who has obtained a judgment in England, to bring an action upon it in Ireland; and a transcript of the judgment would be sufficient prima facie evidence to support his right to recover: but it is also competent for the defendant to impeach the original transaction, and to shew that such judgment was improperly obtained.

It is objected, that by the proposed law no such opportunity will be afforded. The judgment in England will authorize a judgment in Ireland. The latter will be conclusive; and the defendant will be precluded even from bringing a writ of error on the Irish judgment.

tendance at the trial, or before commissioners, of his witnesses, who reside in Ireland. His solicitor, who is alone fully acquainted with all the facts of the case, is an Irish solicitor, and cannot practise in England; and the expense of his defence will be increased ten-fold, even if he be not altogether precluded from it, by the circumstances pointed out. Let a judgment be obtained in England, and it may, under the proposed law, immediately become an unimpeachable judgment in Ireland: the defendant's Irish property is seized in execution, and he is wholly without redress. The case supposed is not only a possible, but a probable one, and is equally applicable to persons whose permanent residence is in England, and who occasionally visit Ireland.

Another part of the bill which is objected to is, that it is intended to be retrospective. Instances may be imagined of noblemen and gentlemen having privilege of parliament, whose whole property is in Ireland, and who have had actions brought against them in England during a temporary residence there, upon instruments or upon accounts liable to be impeached, but who have not considered it worth their while to incur the expense of defending the actions, with the disadvantage of not being able to compel the attendance of Irish witnesses, by knowing that the defence would be open to them if any attempt should be made to proceed in Ireland, where alone a judgment could be made available. Under the proposed law, judgments already obtained in England under such circumstances, are to have an effect in Ireland which they had not, and could not have, at the time they were ob tained; and such judgments were obtained because the defendant knew they would be perfectly harmless according to the then existing law.

The supposed evil consequence of the proposed law is illustrated by the following case :-A peer or member of parliament, or any gentleman whose profession or business brings him occasionally to England, but whose sole permanent residence is in Ireland, and his whole property there, has under fraudulent representations, and without consideration, or for an illegal consideration, as for money lost at play, or a debt tainted with usury, or under any other circumstances which if proved would constitute a good defence to an action-executed in Ireland a bond or promissory note, or acknowledgment of a debt; or has given an accommodation acceptance under circumstances which would preclude the holder from recovering; or has a set-off. The party seeking to recover may seize the opportunity when the defendant is in England, and bring his action there. The plaintiff's case will be established by proof of the defendant's hand-writing. The defendant examination before Commissioners, constihas no means of proving his case in Eng-tutes a defect in the administration of jus

It may be expedient to alter the law in such a way as to make the process of the Courts of either country available in the other; but until that is done, it is urged that great injustice might be done by this measure if passed into a law.

We have thus stated the objections as they have reached us, and think they are entitled to serious consideration. The want of power to compel the attendance of Irish witnesses in England, or of English witnesses in Ireland, or even to enforce their

Objections to Lord Wynford's Bill. - List of Expired and Expiring Statutes.

457

tice which ought to be removed; but when | the original Court. The essential point is

that has been done, we incline to think that the proposed measure would be proper and beneficial. The power of bringing a writ of error is generally required for the purpose of delay only, and a writ of error on a

that the defendant may have full means of defence. The effect of the bill in regard to existing judgments might be restrained for a definite period, to enable the parties to obtain relief, who would otherwise be pre

lond fide point of law might be brought in | judiced by the change of the law.

LIST OF EXPIRED AND EXPIRING STATUTES RELATING TO THE ADMINISTRATION OF JUSTICE.

We select the following from the Report of the Committee of the House of Commons, upon expired and expiring laws :

Date and Title of Act.

Creditors (Scotland) 54 G. 3. c. 137, continued by 3 G. 4. c. 29; 4 G 4. c. 8; 6 G. 4. c. 11; 7 & 8 G. 4. c. 11; 10 G. 4. c. 11; 1 W. 4. st. 2. c. 16; 2 W. 4 c. 35; For rendering the payment of creditors more equal and expeditious in Scotland.

Seamens' Wages, 59 G. 3. c. 58, continued by 7 G. 4. c. 69;

3 & 4 W. 4. c. 88;

For facilitating the recovery of wages of seamen in the
Merchant Service.

Insolvent Debtors (Ireland), 1 & 2 G. 4. c. 59; amended by
3 G. 4. c. 124; continued by 7 & 8 G. 4. c. 22; con.
tinued and amended by 10 G. 4. c. 36; continued by
1 W. 4. c. 33; 2 W. 4. c. 38;

For the relief of insolvent debtors in Ireland.

Insolvents (England). 7 G. 4. c. 57; continued and amended

by I W. 4. c. 38; 2 W 4. c. 44;

To amend and consolidate the laws for the relief of insol-
vent debtors in England.

Insolvents (East Indies). 9 G. 4. c. 73; continued by 2
W. 4. c. 43;

To provide for the relief of insolvent debtors in the East
Indies.

Friendly Societies. 10 G. 4. c. 56; amended by 2 W. 4.

с. 37;

To consolidate and amend the laws relating to Friendly
Societies.

Charities. 1 & 2 W. 4. c. 34;

For appointing Commissioners to continue the enquiries
concerning Charities in England and Wales for two
years; and from thence, to the end of the then next
Session of Parliament. But see act 2 W. 4. c. 57; and
query, as to the effect thereof.

Insane Persons. 2 & 3 W. 4. c. 107; amended by 3 & 4
W. 4. c. 64;

For regulating, for three years, and from thence until the
end of the then next Session of Parliament, the care
and treatinent of Insane Persons in England.

Indemnity Offices, &c. 3 W. 4. c. 7.

To indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments; and for extending the time limited for those purposes respectively, until

To permit such persons in Great Britain, as have omitted to make and file affidavits of the execution of Indentures of Clerks to Attorneys and Solicitors, to make and file the same on or before

And to allow persons to make and file such affidavits, though the persons whom they served shall have neglected to take out their annual certificates.

458

List of Expired and Expiring Statutes. Parliamentary Returns.

Date and Title of Act.

Police Offices. 3 & 4 W. 4. c. 19.

For the more effectual administration of justice, in the office of a Justice of the Peace in the several Police Offices established in the Metropolis; and for the more effectual prevention of depredations on the River Thames and its vicinity, for three years.

Real and Mixed Actions. 3 & 4 W. 4. c. 27.

For the Limitation of Actions and Suits relating to Real Property; and for simplifying the remedies for trying the rights thereto.

Sects. 36, 37. Real and Mixed Actions, &c. abolished (except writs of dower, quare impedit, and ejectment) after

See ss. 39-43, mentioning 31st Dec. 1833.

Poor (Scotch and Irish removal). 3 & 4 W. 4. c. 40.

To repeal certain acts relating to the removal of poor persons born in Scotland and Ireland, and chargeable to parishes in England; and to make other provisions in lieu thereof, until

Law Amendment. 3 & 4 W. 4. c. 42.

For the further Amendment of the Law, and the better advancement of Justice.

Sec. 3. Limitation of certain actions to be brought after the end of the Session, 3 & 4 W. 4.

Slavery Abolition. 3 & 4 W. 4. c. 73.

For the Abolition of Slavery throughout the British Colonies; for promoting the industry of the manumitted slaves; and for compensating the persons hitherto entitled to the services of such slaves.

OFFICES abolished and created during the years 1831, 1832, and 1833, extracted from the Return of Dennis le Marchant, Esq. Principal Secretary to the Lord Chancellor.

Income. Saving.

1,205

400

805

2,800

1,000

1,800

3,350

200

3,150

2,100

800

1,300

1,722

200

No change will take place in any of the above offices (except the two first, which are already reduced), till the death of the respective holders.

The saving in the above Offices will be subject to a temporary reduction, owing to the compensation granted to the holders of them.