422 Application for Re-admission of an Attorney after having been struck off the Roll. punishment, that it will be objected to him to the last hour of his existence, that he once had been struck off the rolls by his Majesty's Court of King's Bench? He has acted wrong; he acknowledges he has done wrong, and he expresses contrition for it. He has done wrong, but he implores your Lordship to pardon him; and as your Lordship has the power to restore him, is admitted, I apprehend, that by administering justice in mercy, your Lordships will best make the law respected and obeyed. Their Lordships having consulted, friend has urged so powerfully to-day, I think | state for a period of 12 months? Is it no with every chance of success; but when Mr. Palmer denies it in the strongest languageadmits nothing; but is ultimately on an inquiry directed to take place before the Master, convicted by the Master's Report, my Lords, I think then that it is a very serious consideration, how far this person, appearing before the Court, and having so sworn to facts which turn out to be untrue-how far he is a person who can be safely trusted with the high duties, and with the important services, which an attorney has to render to his clients as an officer of this Court? My Lords, I confine myself entirely to bringing under the notice of the Court this immediate point, and referring the Court to the report of the proceedings in which this matter was under consideration, and where all the circumstances relating to the act itself will be found; and, my Lords, it appears to me, that with respect to the affidavit of Mr. Palmer, there is a matter of much more important consideration than the judgment of the Court will present, than even that misconduct of which Mr. Palmer was then found guilty, and for which he was struck off the rolls. I think it my duty to say this; and cannot of course be imagined to be actuated by any hostile feeling myself; nor can those whom I represent be imagined to be actuated by any hostile feeling towards Mr. Palmer, or any other person; they thought it their duty to state this, and I am sure the Court will think it their duty to take these circumstances into consider. ation, and that while your Lordships give every fair attention to Mr. Palmer's claims, they will not think it right that the public should be exposed to any injury by an indulgence extended to a case which does not deserve it. Mr.Attorney General.-I have no doubt that Lord Denman, C. J. said, this is a very serious matter, both as respects the individual and the public, and with regard to our duty. We have reason to believe, from what brother Coleridge states, that there is another case in which the Law Society of Birmingham have opposed a person of the name of Edmonds being admitted an attorney, in which there is an express affidavit made by this same gentleman, Mr. Palmer. We ought to look at that affidavit, and we think we cannot act hastily in this case either way. We ought to have that affidavit, as well as the other papers before us, before we come to any determination. Cur. ad. vult. Sir F. Pollock stated, that he understood the Birmingham Law Society had expressed no intention of withdrawing their opposition to Mr. Palmer, but had handed over the papers to the Incorporated Law Society. In re Palmer, 1st Feb., 1836. PERPETUAL COMMISSIONERS, my friend, and those he represents, are actuated Under the Fines and Recoveries Abolition Act. by the most laudable motives; but I must own, I think, if the Birmingham Law Society, who were the prosecutors of Mr. Palmer, and who are much better acquainted with the facts of the case than my friend can be-if they are satisfied to consent that there should be an application to your Lordships, that Mr. Palmer should be restored to the rolls, I think it would have been no violation of duty on the part of the Incorporated Law Society, if they had not interposed. My Lords, if my friend had been in the case originally as I was, he would have been aware that it came several times before the Court; that there were several affidavits made; that the charges that were first made have been satisfactorily answered; and I think it is rather hard to pick out a particular part of the affidavit, which was made by Mr. Palmer in one stage of the proceeding, and to urge that against him, when he prays to be restored. My Lord, does my friend forget that Mr. Palmer has been punished most severely? Is it not a severe punishment, that he should have been struck off the roll of this Court, that he should have been held up to ignominy among all his brother practitioners, and of the public generally, and that he should have remained in that James Rose, Bampton, Oxfordshire. INCORPORATED LAW SOCIETY. MEMBERS ADMITTED, Smith, Charles, Clifford's Inn. Falcon, Henry, Crown Office Row, Temple. Phillips, Henry, Size Lane. New Publications.—Professional Lists.—Bankruptcies superseded.-- Bankrupts. 423 The Crown Circuit Companion: in which is incorporated the Crown Circuit Assistant. 10th edit. By A. Ryland, Esq. 12mo. Price 17. Is. bds. Reports of Cases in Bankruptcy. By E. E. Deacon, Esq. Vol. I, Part I. Price 8s. In continuation of Messrs. Deacon & Chitty's Reports. chant. Wood, Falcon Street, Aldersgate Street: WortLey, Tombland, Norwich. Feb. 23. Budd, Henry, Skinner Street, Snowhill, Tobacconist. Alsager, Of. Ass.: Messrs. Jones, Mark Lane. Mar. 1. Briddon, John, Liverpool, Corn and Provision Merchant, and Commission Agent. Holden, Liverpool: Walmsley & Co., Chancery Lane. Mar. 1. Bourchier, James, Lams' Conduit Street, Oilman, Wax and Tallow Chandler. Tribe, Great Russell Street, Bloomsbury Square: Clark, Off. Ass. Mar. 8. Bellingham, Henry, Assembly Row, Mile End Road, Surgeon. Abbott, Off. Ass.: Jervis, Queen Street, Cheapside. Mar. 8. Bushnell, Juletta, North Row, Park Lane, Livery Stable Keeper. Edwards, Off. Ass.: Lane, Argyll Street, Regent Street. Mar. 8. Bull, William, Wilstead Street, Somer's Town, Corn Dealer. Neal, Threadneedle Street: Whitmore, Off. Brereton, William John, Brinton, Norfolk, Banker and Bolwell, Benjamin, Bradford, Wilts, Bath and Bristol Com mon Carrier and Beer Seller. Dax & Co., Lincoln's Inn Fields: Stone, Bradford. Mar. 18. Catlin, Matthew, Blackman Street, Southwark, Horse Dealer and Job Master. Belcher, Off. Ass.: Ware, Blackman Street. Feb. 22. Coltman, James, Wellclose Square, and Prince's Square, St, George's in the East, Wine, Spirit, and Porter Merchant. Groom, Off. Ass.: Swan, Great Knight Rider Street, Doctors' Commons. Feb. 62. Cochrane, James, Waterloo Place, Pall Mall, Bookseller and Publisher. Michele, Lancaster Place, Waterloo Bridge. Goldsmid, Off. Ass. Mar. I. Reports of Cases in the Exchequer of Pleas. Michaelinas Terin, 6 W. 4. By R. P. Tyr-Camplin, Anna Maria, Bathwick, Somerset, Board and whitt & T. C. Granger, Esqrs. Vol. 1, Part I. Price 68. In continuation of Mr. Tyrwhitt's Reports. MASTERS EXTRAORDINARY IN CHANCERY. From Feb. 23, to Murch 18, 1836, both inclusive, with dates when gazetted. Pugh, William, Hay, Brecon. March 15. DISSOLUTIONS OF PROFESSIONAL PARTNERSHIPS. Lodging-House Keeper. Dax & Co., Lincoln's Inn Constantine, Thomas, Manchester, Joiner and Builder. Chapinan, John, Blackfriars Road, Dealer in Glass and Earthenware. Hodgson, Broad Street Buildings: Johnson, Of. Ass. Mar. 15. De Caux, William, Newington Causeway, Newington, Surrey, Boot and Shoe Maker. Green, Off. Ass.: Russell & Co., Lant Street, Borough. Mar. 4. Davis, Thomas, Lisson Grove, North, Grocer and Cheesem nger. Green, Off. Ass.: Bousfield, Chatham Place, Blackfriars. Mar. 15. Darch, Richard, Great Guildford Street, Union Street, Southwark, Iron Founder. Bodman, Dowgate Hill: Turquand, Off. Ass. Feb. 23. Davies, Edward, Salford, Lancaster, Victualler and Shopkeeper. Adlington & Co. Bedford Row: Chew, Manchester. Mar, 1. Darby, James, Gravel Lane, Surrey, Carpenter and Builder. Belcher, Off. Ass.: Hopwood & Co., Chancery Lane. Mar. 4. Floyd, Thomas, Birmingham, Victualler. Chilton, Chancery Lane: Suckling, Birmingham, Mar. I. Faulder, John, Birmingham, Warwick, Sack Dealer and Tarpaulin Maker. Armstrong, Red Lion Street, Clerk.. enwell. Mar. 8. Ferry, William, and John Booth, Carr's Hill, near Gateshead, Duriram, Glass Manufacturers. Briggs, Gateshead: Bell & Co., Bow Church Yard. Mar. 8. From Feb. 23, to March 18, 1836, both inclu-Fraser, Hugh, Bucklersbury, London, Bill Broker. Ed sive. Wilmot, Thomas, and James Noke Wilmot, New Sarum, Wilts, Attorneys, Solicitors, and Conveyancers. BANKRUPTCIES SUPERSEDED. From Feb. 23, to Mar. 18, 1836, both inclusive, Croston, William, jun., Toxteth Park, near Liverpool, Paiuter and Builder. Feb. 25. Keep, John, and Joseph Keep, Nottingham, Grocers and Chandlers. Mar. 8. Marten, Benjamin, Chilham and Sibertswould, otherwise Peirce, enry, Birmingham, Victualler. Mar. 18. 23. BANKRUPTS. From Feb. 23, to Mar. 18, 1836, both inclusive, Ayres. Robert John, Chiswell Street, Finsbury, Butcher. Battle, John James, Paston, Norfolk, Corn and Coal Mer wards, Off. Ass.: Dawes, Serjeants' Inn, Fleet Street. Mar. 4. Glass, Francis, Cateaton Street, London, Blackwell Hall Factor. Green, Off. Ass.: Van Sandau, Old Jewry. Mar. 11. Gilliam, William. Hillam, Monk frystone, York, Butcher and Cattle Jobber. Overton, York. Mar. 18. Hall, Horatio William, Air Street, Piccadilly, Scrivener. Hays, Richard, Regent Street, Bookseller. Newton & Co., Hooper, Anu, Bath, Harter. Adlington & Co., Bedford Row: Hildrow, William, Darlington, Durham, Grocer. Steavonson, Darlington: Burn, Great Carter Lane, Doctors' Com Mar. 8. Hadley, Joseph, Birmingham, Bone and Horn Button Manufacturer. Gaity, Red Lion Square: Cresswell, Birmingham: Sproule, Tewkesbury. Mar. 8. Huck body, Charles, Postland, Crowland, Lincoln, Coal Merchant. Williams, Verulam Buildings, Gray's Inn: Bonner & Co., Spalding. Mar. 11. 424 Bankrupts.-Editor's Letter Box. Herken, John Theodore, Bouverie Street, Fleet Street, Fur- Hoskins, James, Cannon Street, London, Wine Merchant. Ass. Mar. 18. Ireland, John, Manchester, Builder. Lever, King's Road, Jones, Thomas, Shrewsbury, Salop, Draper. Pennell, Off. Kipping, Thomas, Tonbridge, Corn Dealer. Belcher, Off Lock, Henry, Bracondale, Norwich, Millwright, Builder, and Engineer. Lythgoe, Essex Street: West, Norwich. Mar. 8. Lowe, John, Union Street, Southwark, Hat Manufacturer. Gibson, Off. Ass.: Hooker, Bartlett's Buildings, Holborn. Mar. 15. Mottershead, John, Liverpool, Shipwright. Leigh, George Sugar Refiner. Green, South Molton Street, Hanover Mundy, Samuel, and Joseph Mundy, Bradford, Wilts, Morgan, David, Rhosmaen, Llandilorfaur, Carmarthen, Tanner. Gibson, Off. Ass.: Buntrum, Old Broad Street. Mar. 11. M'Master, John, Manchester, Draper. Adlington & Co, Makepeace, Henry, jun., Bristol, Coach Maker. Leman, caster, Power Loom Cloth Manufacturers. Scott, Lincoln's Inn Fields: Greenhalgh, Manchester. Mar. 8. Neale, Charles, Leamington Priors, Warwick, Chemist and Druggist. Taylor & Co., Bedford Row: Smallbone, Leamington; or Haynes & Co., Warwick and Leamington. Mar. 11. Norfolk, Hezekiah, Manchester, Brewer and Corn Dealer. Adlington & Co., Bedford Row: Claye & Co., Manchester. Mar. 18. Palmer, Benjamin, Duke Street, St. James's, Tailor. Gibson, Off. Ass.: Tribe, Great Russell Street. Feb. 23. Peat, Alexander, Muscovy Court, Tower Hill, Wine and Brandy Merchant. Richardson, Ironmonger Lane: Goldsmid, Off. Ass. Feb. 23. Plank, Andrew, and John Plank, Canterbury, Woolstaplers. Cruttenten, Ashford: Sankey, Canterbury: Egun & Co., Essex Street, Strand. Mar. 1. Prosser, Walter, Bordesley, Ashton, near Birmingham, Builder. Austen & Co., Gray's Inn: Arnold & Co., Birmingham. Mar. 11. Rigmaiden, Henry, Liverpool, Wine and Spirit Merchant. Battye & Co., Chancery Lane: Messrs. Crump or HodgSon, Liverpool Mar. 1. Symmons, John, Haverfordwest, Draper. Rees, Haverfordwest. Feb. 26. Scholefield, John, and William Scholefield, Mirfield, York, Corn Millers. Battye & Co., Chancery Lane: Rylak, Mirfield. Feb. 26. Spalding, Benjamin, Woodbridge, Suffolk, Linen Draper. Moor, Woodbridge: Messrs. Baxter, Lincoln's Inn Fields. Mai. I. Shaw, Joshua, Heanor, Derby, Plumber and Glazier. Val- Tatchell, William, and Samuel Clarke, Great Eastcheap, Thompson, Samuel, Darlington, Durham, Clock Maker and Upton, Thomas, Birmingham, Hatter. Harrison, Birming- Weeks, William, Southampton, Wine and Porter Merchant. Whitchurch & Co., Southampton: Tilsons & Co., Coleman Street. Feb. 23. Ward, William, Masborough, Rotherham, York, Publican. Walsh, Thomas, Bath, Linen Draper. Jenkins & Co., New Bigg, Southampton Buildings, Chancery Lane. Mar. 4. Williams, William, and Thomas Hill, Bow Church Yard, London, Linen Factors. Turner & Co., Basing Lane, Bread Street: Goldsmia, Off. Ass. Mar. 15. Worrall, John, Ratcliff Highway, Middlesex, Eating House Keeper and Soup Maker. Hudson, Bucklersbury: Goldsmid, Off. Ass. Mar. 15. THE EDITOR'S LETTER BOX. The concluding Part of the Articled Clerks' Manual is now published, price 4s. The Contents are stated in another part of this Number. The two Parts form one Volume, price 8s. bound in Cloth. We shall pay immediate attention to the further Letters on the subject of the Examination under the New Rules. The Letters of M. A.; Y. N. N.; "Amicus Curiæ;" and G. P. C., will be considered. The Queries and Answers of "Temple;" W. F.; C. L.; R. S.; R. I.; and H., have been received. "A constant Reader" is informed, that the Act of Parliament by which an Articled Clerk The Legal Observer. SATURDAY, APRIL 2, 1836. "Quod magis ad Nos Pertinet, et nescire malum est, agitamus. HORAT. THE REFORM OF THE INNS OF COURT. We have from time to time devoted a large portion of our space to the consideration of the necessary Reforms in our Inns of Court, and we think this is a proper opportunity again to advert to the subject. We can now only refer our readers to the series of papers in our third volume, on the Misapplication of their Revenues, in which, we think, it was satisfactorily proved, by our contributor "A Cestui que Trust," that four separate societies or colleges, called the Inns of Court, were established, in which the science of the Law should be studied and taught; that in consideration of their undertaking to furnish the required instruction, certain exclusive privileges were granted to them and the persons permitted by them to practise; that the task of general instruction and superintendance was undertaken by the Benchers; that lectures were regularly delivered, and a strict examination made as to their knowledge of the law before any persons were allowed to practise; that all original and subsequent grants and benefactions to the Inns of Court were made for carrying these purposes into effect, and that the Benchers past, present, and future, are trustees for the benefit of their respective societies; that from the end of the seventeenth century this system of education has fallen into disuse; that the revenues of the Inns of Court are now misapplied; that no lectures are now delivered, and no examinations made before a law degree is granted; and that the present misapplication or non-appropriation of the revenues of the Inns of Court is attended VOL. XI. NO. 326. by injurious consequences, as well to the profession as the public. Since these papers appeared, a classical examination has been instituted, and some law lectures have been delivered at the Inner Temple; but no general measure of reform has been carried through. Two events have recently occurred which bear upon the subject, and render the required reforms the more necessary. The first is the New Rule which the Judges have made respecting the Examination of Attorneys, and the measures to be adopted in consequence of it. We submit, that if an examination in professional knowledge is considered requisite and advantageous to one branch of the profession, it is equally so with respect to the other. The second circumstance to which we allude, is the proposed Reform in the College of Physicians, in which the most extensive changes are about to be proposed. The recommendations of the Common Law Commissioners, contained in their Sixth Report, have not yet been carried into effect; and it is to be remembered, that the learned Commissioners were not directed to inquire into the application of the revenues of the Inns of Court, or the present system of legal education, and that their Report is therefore confined necessarily to the powers of the Benchers, and other matters. Before any measure be introduced on this subject, we would therefore strongly urge some consideration of this important reform. A Select Committee of the House of Commons has always appeared to us the best tribunal for settling it; and we are not without hopes that some independent mem a Printed 7 L. O. 500. 2 F 426 Practical Points.-Stamps on Transfers of Mortgages. ber of the House of Commons may move for | STAMPS ON TRANSFERS OF MORTa Committee of this nature. It is possible that the subject might be brought under the notice of the Common Law Judges, who are certainly competent to effect the proper alterations by Rule. PRACTICAL POINTS OF GENERAL DUTY OF OVERSEER. GAGES. DOUBTS have frequently arisen on the construction of the 55 G. 3. c. 184. Sched. part 1. tit. Mortgage; and the 3 Geo. 4. c. 117. s. 1. with respect to the proper stamps to be impressed on transfers of mortgage. One of the difficulties of very frequent occurrence, was, whether on a transfer of a mortgage, if a further sum was advanced, the transfer stamp was payable, as well as the ad valorem duty. We believe that the usual practice has been, by We are not aware of any decision on the way of caution to affix the transfer stamp, as following point: Campbell, A. G. applied for a rule nisi for a criminal information against an overseer, at the instance of the vestry of the parish, the name of which he suppressed, under the following circumstances. The small pox having broken out in this parish, it was resolved by the vestry, in order to stop the progress of the disorder, that the poor should be vaccinated, and in that resolution the overseer conenrred. To carry the resolution into effect, a medical man was employed to vaccinate the poor at the rate of 1s. 6d. each, with which arrangement also the overseer expressed himself to be perfectly satisfied. The surgeon came to the parish for that purpose; but the overseer refused to allow him to vaccinate any of the poor on the parish account. After this the infection spread, and a large proportion of the poor in the parish had the disorder. The resolution to vaccinate the poor took place when only one boy was ill of the disorder; since then many had died of it, and several others had suffered very severely. Lord Denman, C. J.-These circumstances are extremely unfortunate. No doubt the overseer exercised a very unsound discretion. If he had abided by the opinion he had originally formed, and the agreement he had made, these consequences might have been prevented. But, before we can grant a rule nisi for a criminal information against a public officer, we must see plainly and clearly that the duty which he is charged with neglecting is by law cast upon him. It is true, that by law an overseer must provide necessaries and relief for the poor, but is he bound to take precautionary measures of this kind? It is beyond question that, if he had provided them, the poor would not have been bound to submit to any operations of this sort. If the legal duty of the overseer had been clear, the unfortunate consequences which have followed the omission of the performance of that duty would have shewn a case of gross neglect, which would have called for the exercise of the power of this Court: But the first step in the case is not made out to my satisfaction; and I am therefore of opinion, that the rule must be refused.—Anonymous, 5 Nev. & Man. 12. well as the ad valorem duty. By the following the point, was as follows:-In this case a 66 sum is added, as an original mortgage; and Mortgage," treats a transfer, where a further imposes a transfer duty of 17. 158. only, "provided no further sum of money be added to the principal money already secured." Here fore, would have been under that act, a 41. ad a further sum was added. The stamps, therevalorem stamp, and three progressive stamps of 17. each, thus exceeding the stamps actually imposed by 5s. But the stat. 3 Geo. 4. far as regards the duties on transfers of mortc. 117. s. 1. repeals the 55 Geo. 3. c. 184, so gages; and enacts, by sec. 2, that in case of a be added to the principal already secured," transfer, provided no further sum of money there shall be paid 17. 15s., and a progressive stamp duty of 17.; "and if any further sum of money shall be added to the principal momortgages, payable under the said recited acts ney already secured, the ad valorem duty on respectively, shall be charged only in respect of such further money." It is observable, that by this act the transfer duty of 1. 158. is imposed with the same proviso as was contained in the 55 Geo. 3.; and we think that |