« IndietroContinua »
1. The root of the engraved Tree exhibits a diversity of suits and actions for the remedy of different wrongs.
2. The trunk shows the growth of a suit, stage by stage, until its conclusion.
3. The branches from each stage show the proceedings of the plaintiff on one side, and the proceedings of the defendant on the other.
4. The leaves of each branch show certain collateral proceedings whereby the suit is either advanced or suspended.
5. Supposing the form of action suitable to the case, and no stay of proceedings, the suit grows, on the “sure and firm set earth” of the law, into a “goodly tree,” and, attaining to execution against either the plaintiff or the defendant, terminates in consuming fire. A few whimsical miscellanies are subjoined, not derogatory from the importance or necessity of legislation, but amusingly illustrative of legal practice in the sinuosities it has acquired during successive stages of desuetude and change. Those only who know the law are acquainted with the modes by which numerous deformities in its application have originated, or the means by which they may be remedied; while all who experience that application are astonished at its expensiveness, and complain of it with reason. * A legal practitioner is said to have delivered a bill containing several charges of unmerciful appearance, to a client, who was a tailor; and the tailor, who had made a suit of clothes for his professional adviser, is said to have sent him the following bill by way of set-off. George Grip, Esq. - * Dr. to SAMUEL SMART.
£. s. d. Attending you, in conference, concerning i. proposed Suit, conferring thereon when you could not finally determine.......... 0 8 Attending you again thereon, when found you prepared, and taking measures accordingly.......... 0 6 8 Entering . . . . . . . . . . . . . . . . . . . . . . 0 3 4 Instructions and warrant to woollendraper. . . . . . . . . . . . . . . . . . . . . . 0 5 0 Carried forward. . . .301 l 8
£. s. d. Brought forward.... l l 8 Copy thereof to keep............ 0 2 0 Instructions to foreman.......... 0 6 8 Difficulty arising as to proceedings, attending him in consultation ... 0 6 8 Paid fees to woollen-draper ...... 4 18 6 Attending him thereon .......... 0 6 8 Perusing his receipt ............ 0 3 4 Attending to file same .......... 0 3 4 Filing . . . . . . . . . . . . . . . . . . . . . . . . 0 1 0 Attending button-maker, instructing him . . . . . . . . . . . . . . . . . . . . . . . . 0 6 8 Paid his charges.......... . . . . . . 2 19 0 Having received summons to pro...;, perusing and considering same . . . . . . . . . . . . . . . . . . . . . . 0 6 8 Drawing consent, and copy to keep 0 4 4 Postage . . . . . . . . - - - - - - - - - - - - - . 0 1 6 Copy order thereon and entering... 0 3 0 Appointing consultation as to further proceedings, and attending same 0 13 4 Foreman having filed a demurrer, preparing argument against same 0 6 8 Attending long argument on demurrer, when same overruled ...... 0 10 0 Perusing foreman's plea ........ 0 6 8 Excepting to same .............. 0 6 8 Entering exceptions ... . . . . . . . . . 0 3 4 Perusing notice of motion to remove suit, and preparing valid objections to lay before you ........ 0 10 0
Same being overruled, consent thereto, on an undertaking.......... 0 6 8 Expenses on removal of suit—paid by you at the time............ 0 0 0 Writing you my extreme dissatisfaction on finding the suit removed into the King's Bench, and that I should move the court, when you promised to obtain a Rule as soon as term commenced, and attend me thereon ............ 0 10 0 Conferring with you, in presence of your attendant, at my house, on the first day of term, when you succeeded in satisfying me that ou were a Gent. one, &c. and an honourable man, and expressed great dissatisfaction at the pro ceedings had with the suit while out of my hands; receiving your instructions to demand of your Uncle that same should return to me, on my paying him a lien he claimed thereon, and received from you his debenture for that Purpose . . . . . . . . . . . . . . . . . . . . Perusing same, and attending him in St. George's-fields therewith and thereon............... ... 0 10 0 Paid him, principal and interest .. 2 10 4
0 13 4
Carried forward.... f. 18 l8 0
no charge for receiving suit back 0 0 0
Perusieg letter unexpectedly received from you, dated from your own house, respecting short notice of trial ....... - - - - - - - - - - - - Attending you thereon ........... Attending at Westminster several mornings to try the suit, when at last got same on. . . . . . . . . . . . . . Paid fees. . . . . . . . . . . . . . . . . . . . . . Fee to porter . . . . . . . . . . . . . . . . . . It being determined that the suit should be put into a special case, drawing special instructions to Boxmaker for same .......... Attending him therewith and thereon Paid him his fee for special case .. Paid his clerk's fee .......... - Considering case, as settled ...... Attending foreman for his consent to same, when he promised to determine shortlv . . . . . . . . . . . . 0 Attending him again thereon to obviate his objections, and obtained his consent with difficulty...... 0 Drawing bill of costs............ 0 Fair copy for Mr. to peruse and settle . . . . . . . . . . . . . . . . . . Attending him therewith ........ Fee to him settling ............ Attending him for same.......... Perusing and considering same, as settled...................... Attending Mr. again suggesting amendments .......... Fee to him on amending ...... - Perusing same as amended ...... Fair copy, with amendments, to keep Fair copy for service ...... - - - - - Thirty-eight various attendances to Serve Saine . . . . . . . . . . . . . . . . - Service thereof ....... - - - - - - - - Drawing memorandum of service .. Attending to enter same.......... Entering same ................ Attending you concerning same .. Accepted service of order to attend at the theatre, and gave consent. Retaining fee at box-office ...... Service of order on box-keeper .... Self and wife, with six children, two of her cousins, her brother, and his son, two of my brothers, my sister-in-law, three nephews, sour nieces, each attending for four hours and a half to see the Road to Ruin, and the Beggars' Opera, eighty-five hours and a
36. s. d. Brought forward..... 39 5 10 half, at 8s. 4d. per hour—very. moderate..................... 17 919 Coach hire there and back ...... 0 18 0 Attending you to acquaint you with particulars in general, and concerning settlement particularly.. Instructions for receipt . . . . . . . . . . Drawing receipt....... Vacation fee ...... - Refreshing fee . . . . . . . . . . . . . . . . Perusing receipt, and amending same Fair copy to keep . . . . . . . . . . . . . . Engrossing on stamp . . . . . . . . . . . . Paid duty and paper . . . . . . . . . . . . Fee on ending . . . . . . . . . . . . . . . . Letters and messengers. . . . . . . . . .
463 0 9 To numerous, various, and a great variety of divers, and very many letters, messages, and attendances to, from, on, and upon, you and your agents and others, pending a negotiation for settlement, far too numerous to be mentioned; and an infinite deal of trouble, too troublesome to trouble you with, or to be expressed ; without more and further trouble, but which you must, or can, or shall, or may know, or be informed of— what you please. . . . . . . . . . . . . . * - --- . . . * * * * £ 2 , * * * * **, * : *, * ... . Item in a Bill of Costs Attending, A in conference concerning the best mode to indemnify B against C's demand for damages, in consequence of his driving D's cart against E's house, and thereby breaking the window of a room occupied by F's family, and cuttin the head of G, one of his children, .# H, the surgeon, had pronounced dangerous, and advising on the *f; necessary for such indemnity. ttending I accordingly thereon, who said he could do nothing without the concurrence of his brother J, who was on a visit to his friend K, but who afterwards consented thereto, upon having a counter-indemnity from L. Taking instructions for, and writing the letter accordingly, but he refused to accede thereto, in consequence of misconduct in some of the parties towards his distant relation M, because he had arrested N, who being in custody of O, the officer, at P's house, was unable to prevail upon 9 and R to become bail. Attending in consequence upon S, the sheriff, when he said, if he received an undertaking to give a bail-bond at the return of the writ, the defendant should be discharged. Attending T for undertaking accordingly, conferring thereon; but he declined interfering without the concurrence of V, to whom he was largely indebted, in whose hands he had lodged several title-deeds as a collateral security, and who, it appeared, had sent the deeds to his attorney U, for the purpose of preparing a mortgage to W, in trust, for securing his demand, and also of a debt due to X. Attending afterwards on A's clerk Y, communicating the result of our numerous applications, and conferring with him thereon, when he at length informed me that Z had settled the business.
“To him that goes to law, nine things are requisite: 1. A good deal of money— 2. A good deal of patience—3. A good cause—4. A good attorney—5. Good counsel —6. Good evidence—7. A good jury—8. A good judge—and lastly, good luck.”
“Reason is the life of the law, nay, the common law itself is nothing else but reason."
If a man says of a counsellor of law, Thou art a daffa-down-dilly, an action lies. So adjudged in Scaccario, and agreed per totam curiam.—1 Vin. Abb. 445. He hath no more law than Mr. C.’s bull. These words being spoken of an attorney, the court inclined that they were actionable, and that the plaintiff should have judgment, though it was objected that the plaintiff had not declared that C. had a bull.—Siderfin, 327, pl. 8. Pasch. 19 Car. II. Baker v. Morfue. The chief justice was of opinion, that if C. had no bull, the scandal was the greater. And it was pronounced per curiam in the same case, that to say of a lawyer, that he has no more law than a goose, has been adjudged actionable.—Sid. 127, pl. 8ere is quaere added as to the saying, He hath no more law than the man in the moon (Ib. 2 Kib. 209); the law, doubtless, contemplating the possibility of there being a man in the moon, and of his being a good lawyer. My lord chief baron cannot hear of one ear, adjudged actionable, there being a colloquium of his administration of jus
tice. But not so if there had been no discourse of his justice.—1 Vin. Ab. 446. Adjudged, that the death of a parson is a non-residency, within 13 Eliz. c. 20, so as to avoid his leases. Mott v. Hales, Crok. Eliz. 123. Eden and Whalley's case:– “One Eden confessed himself guilty of multiplication, and that he had practised the making of quintessence, ins the philosopher's stone, by which all metals might be turned into gold and silver; and also accused Whalley, now a prisoner in the Tower, of urging and procuring him to practise this art; and that Whalley had laid out money in red wine and other things necessary for the said art. And, because this offence is only felony, Eden, the principal, was pardoned by the general pardon; but Whalley, who was but accessary in this case, was excepted as one of those who were in the Tower. The question was moved, whether Whalley should be discharged;— Quaere, the statute of 5 Hen. IV. 4, which enacts, “that mone should use to multiply gold or silver, nor use the craft of multiplication; and if any the same do, that he incur the pain of felony in this case.'—Quaere—Whether there can be any accessary in this new felony 2– 1 Dyer, 87, 6, Easter Term, 7 Ed. VI. This statute was repealed by the stat. of 1 Will. & Mary.” In the case of monopolized cards, there was cited a commission in the time of Henry V. directed to three friars and two aldermen of London, to inquire whether the philosopher's stone was feasible, who returned it was, and upon this a patent was made out for them to make it — Moore, 675; Dancey's case
According to the Asiatic Researches, a very curious mode of trying the title of land is practised in Hindostan :-Two holes are dug in the disputed spot, in each of which the plaintiff and defendant's lawyers put one of their legs, and remain there until one of them is tired, or complains of being stung by the insects, in which case his client is defeated. In this country it is the client, and not the lawyer, who puts his foot into it.
Professional practice is frequently the ..". of theatrical exhibition. “Giovanni in London” has a scene before going to trial, with the following
the heathens; and it is observed by Brand, that on Shrove Monday it was a custom with the boys at Eton to write verses concerning Bacchus, in all kinds of metre, which were affixed to the college doors, and that Bacchus' verses “ are still written and put up on this day.” The Eton practice is doubtless a remnant of the catholic custom.
FLORA L director Y.
Yellow Crocus. Crocus Maesiacus. Dedicated to St. Valentine
Sts. Faustinus and Jovita, A. D. 121. St. Sigefride, or Sigfrid, of Sweden, Bp. A. D. 1002.
It is communicated to the Every-Day Book by a correspondent, Mr. R. N. B–, that at Hoddesdon in Hertfordshire, the old curfew-bell, which was anciently rung in that town for the extinction and relighting of “all fire and candle light.” still exists, and has from time immemorial been regularly rang on the morning of Shrove Tuesday at four o'clock, after which hour the inhabitants are at libert to make and eat pancakes, until the bell rings again at eight o'clock at night. He says, that this custom is observed so closely, that after that hour not a pancake remains in the town.
The Cum few. I hear the far-off curfew sound, Over some wide-water'd shore, Swinging slow with sullen roar. Milton.
That the curfew-bell came in with William the Conqueror is a common, but erroneous, supposition. It is true, that by one of his laws he ordered the people to put out their fires and lights, and go to .. at the eight-o'clock curfew-bell; but Henry says, in his “History of Great Britain,” that there is sufficient evidence of the curfew having prevailed in different parts of Europe at that period, as a precaution against fires, which were frequent and fatal, when so many houses were built of wood. It is related too, in Peshall's “History of Oxford,” that Alfred the Great ordered the inhabitants of that city to cover their fires on the ringing of the bell at Carfax every night at eight o'clock; “which custom is observed to this day, and the bell as constantly ring: at eight as Great Tom tolls at nine." Wherever the curfew is now rung in England, it is usually at four in the morning, and eight in the evening, as at Hoddesdon on Shrove Tuesday...;
Concerning the curfew, or the instrument used to cover the fire, there is a communication from the late Mr.
“This utensil,” says the Antiquarian Repertory, “is called a curfew, or couvrefeu, from its use, which is that of suddenly putting out a fire: the method of applying it was thus;–the wood and embers were raked as close as possible to the back of the hearth, and then the curfew was put over them, the open part P. close to the back of the chimney; y this contrivance, the air being almost totally excluded, the fire was of course extinguished. This curfew is of copper, rivetted together, as solder would have been liable to melt with the heat. It is 10 inches high, 16 inches wide, and 9 inches deep. The Rev. Mr. Gostling, to whom it belongs, says it has been in his family for time immemorial, and was al. ways called the curfew. Some others of this kind are still remaining in Kent and Sussex.” It is properto add to this account, that T. Row, in the “Gentleman's Magazine,” because nomention is made “of any particular implement for extinguishing the fire in any writer,” is inclined to think “there never was any such." Mr. Fosbroke in the “Encyclopædia of An
Francis Grose, the well remembered antiquary, in the “Antiquarian Repertory” (vol. i.) published by Mr. Ed. Jeffery. Mr. Grose enclosed a letter from the Rev. F. Gostling, author of the “Walk through Canterbury,” with a drawing of the utensil, from which an engraving is made in that work, and which is given here on account of its singularity. No other representation of the curfew exists.
tiquities” says, “an instrument of copper presumed to have been made for covering the ashes, but of uncertain use, is engraved.” It is in one of Mr. F.'s plates. On T. Row's remark, who is also facetious on the subject, it may be observed, that his inclination to think there never was any such implement, is so far from being warrantable, if the fact be even correct, that it has not been mentioned by any ancient writer, that the fair inference is the converse of T. Row's inclination. Had he consulted “Johnson's Dictionary,” he would have found the curfew itself explained as “a cover for a fire; a fireplate.—Bacon.” So that if Johnson is credible, and his citation of authorities is unquestionable, Bacon, no very modern writer, is authority for the fact that there was such an implement as the curfew.
Football at Kingston.
Mr. P., an obliging contributor, furnishes the Every-Day Book with a letter from a Friend, descriptive of a custom on this day in the vicinity of London.