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who receives money for investment cannot bind his partner by the receipt, unless there be evidence that such transactions formed part of the partnership business: (Harman v. Johnson, 22 L. J. 297, Q. B.)

An attorney has no power to bind his partners by his bill or note, because such an implied authority is, by construction of law, limited to partnerships for purposes of trade: (Hedley v. Bainbridge, 3 Q. B. 316; Levy v. Pyne, C. & M. 453.)

Where a solicitor trustee is in partnership, the firm in which he is a partner is not entitled to costs in matters connected with the trust, but only to payments out of pocket: (Christophers v. White, 10 Beav. 523; Broughton v. White, 24 L. T. Rep. 152; Same v. Same, on appeal, 26 L. T. Rep. 54.)

Where a solicitor trustee is employed by his co-trustees (who are not solicitors) to conduct lawsuits of the testator, the solicitor is not entitled to full costs, but only to payments made: (Manson v. Baillie, 26 L. T. Rep. 24, Ho. of Lords.)

To enable a solicitor trustee to charge costs, a clause to that effect should be inserted in the deed, and the effect of such clause must be fully explained to the client before the execution of the deed: (Re Taylor, 23 L. T. Rep. 72.)

An attorney acting out of the usual course of his employment must have a special authority given him to receive money, so as to give a valid receipt: (Petgrave on Principal and Agent.)

The lien of a solicitor on a fund recovered in a cause does not extend beyond the costs in that particular suit (Lann v. Church, 4 Madd. 391.)

The lien of a solicitor upon a deed belonging to his client does not entitle him to refuse to produce the deed as evidence between third parties: (Hope v. Liddell, 25 L. T. Rep. 231, Court of Appeal.)

Town agents may set off a sum recovered by them for country solicitors against a debt due by the latter to the former: (Bray v. Hine, 6 Price, 203.)

Where a debt is attachable, the attachment is superior to the lien of an attorney in respect of general costs due to him from the judgment debtor: (Hough v. Edwards, 26 L. J. 54, Ex.)

An attorney in Ireland can recover costs due to him by a party in England, in an action brought in England against the party indebted, although no signed bill has

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been delivered, as neither the English nor Irish statutes apply to such a case: (Kerneghan v. Wadeson, 24 L. T. Rep. 253.)

A solicitor who is a mortgagee, and who acts as his own solicitor, in a suit in defence of his title, is only entitled to costs out of pocket: (Sclater v. Cottam, 29 L. T. Rep. 309.)

Where a treaty for a loan, on a specified security, goes off, the lender not being satisfied with the title (there being no special stipulation as to payment of the expenses of the investigation), the proposed borrower is not liable for the costs incidental to the investigation of the title: (Melbourne v. Cottrell, 29 L. T. Rep. 293.)

If an attorney through inadvertence, inexperience, or neglect, incur trouble which is useless to his client, he cannot make it a subject for remuneration: (Bracey v. Carter, 12 Ad. & Ell. 373.) The same rule applies to disbursements (Lewis v. Samuel, 2 Q. B. Rep. 685.)

The 62nd and 63rd rules of Hilary Term, 1853, prepared in accordance with the 223rd section of the Common Law Procedure Act, 1852, are as follows: "LXII. When issues in law and fact are raised, the costs of the several issues both in law and fact will follow the finding or judgment, and if the party entitled to the general costs of the cause obtain a verdict on any material issue, he will also be entitled to the general costs of the trial; but if no material issue in fact be found for the party otherwise entitled to the general costs of the cause, the costs of the trial shall be allowed to the opposite party. LXIII. No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought; provided nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted."

As to distributive costs, under the 62nd rule, see the case of Treherne v. Gardner (29 L. T. Rep. 327), in connection with which the Master, on the taxation of the costs, allowed costs to the plaintiffs and defendants respectively according to the finding of the court, treating each party as partially successful. In that case, Coleridge, J., after referring to sect. 75 of the Common Law Procedure Act, 1852, and to Mr. Gray's book on the Law of Costs, said (inter alia), “It will be for the Master always to ascertain whether any and what costs have been incurred as to the part of the issue found for the defendant, and when they can be ascertained to have been incurred relative to the whole, to tax them to the

defendant, though the plaintiff has succeeded and is entitled to the general costs in the cause." A similar course of practice previously existed, as shown by various cases and by the rules of Hilary Term, 1832: (see Welby v. Brown, 1 Exch. 770.)

By rule 117 of Hilary Term, 1853, it is provided that "if a cause be removed from an inferior court having jurisdiction of the cause, the costs in the court below shall be costs in the cause."

As to assignment of costs by a solicitor to a creditor, and as to notice thereof, see Day v. Day (26 L. J. 288, Ch. M. R.); Same v. Same (29 L. T. Rep. 206, Lds. Justices.)

On a sale under the direction of the Court of Chancery, where the abstract is laid before counsel on the vendor's behalf, to advise, and prepare conditions of sale, the solicitor is not allowed to charge for another copy of the abstract to send to the purchaser's solicitor, but only such sheets as may require copying to avoid showing the counsel's notes: (Rumsey v. Rumsey, 25 L. T. Rep. 241, Rolls.)

The following are some of the recognised and established charges allowed in conveyancing, &c.:—

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£ s. d.

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NOTE. A skin of 15 folios is allowed to be charged for, although there may, in fact, be less than that exact number; in other words, supposing there be 10 folios, a skin is allowed; if over 15 folios, and not more than 30, two skins; if over 30, and not more than 45, three skins, and so on. Fees to counsel for settling drafts are generally at the rate of one guinea for every 30 folios, or under. In Parliamentary business a guinea for every 6 folios.

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Attending Stamp-office

Drawing memorial, per folio

Engrossing ditto,

...

ditto

[A less sum is, however, generally charged in respect
of the two last above items.]

Attending to register memorial, and afterwards for

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deed Attending the opposite party with draft or engrossment of deed for perusal or examination, or returning a draft deed approved, each

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Perusing abstract, for every 3 sheets

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Fee to counsel therewith, generally for every 6 or 7 sheets (and clerk)...

Attending counsel with papers

...

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Attending paying consultation or conference fee
Attending consultation or conference

...

...

...

Attending producing deeds for examination, per hour..
Attending examining abstract with deeds (self and

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clerk) per ditto

Attested copies, per folio

Searching judgments, &c. per hour
Ditto Middlesex Register, ditto...

Drawing brief, per sheet of 10 folios

Fair copy

Serving notices, each...

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Preparing exhibits (each)

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Perusing draft of deed formerly prepared in same

office, (with reference to new matter connected
therewith,) according to time.

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NOTE.-Parliamentary costs are to be framed in accordance with the Costs Taxation Acts, House of Commons. 1847, House of Lords, 1849. Printed lists of charges can be had on application at the proper offices.

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A FEW OBSERVATIONS ON ACCOUNTS.

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