The Sun.
London, England, 1863-04-24 00:00:00

COURT OF EXCHEQUER.

(Sittings in Banco, before Lord Chief Baron Pollock
and Barons Martin, Bramwell, and Wilde.)
AN ATTORNEY FINED.

A rule had been obtained calling upon an attor-
ney named Paget to show cause why he should not
be struck off the rolls for misconduct in making cer-
tain untrue statements on affidavits of increase, for
the purpose of getting a larger amount of costs than
he was entitled to in five actions relating to a water-
course, which came on at the assizes at York, but
were referred for arbitration.
The report of the master, going elaborately into
the whole circumstances, had been read by Master
Fredk. Pollock to the court on a previous day.
Mr. ManistY, (LC., on the part of the attorney,
now showed cause against the rule. He admitted
that his client had made some unfortunate mistakes,
and had not exercised proper care and caution, but
urged as an excuse the many difficult and compli.
cated matters arising out of the five actions, and
said that the acts complained of were done inno-
cently, and with no intention whatever to make fic-
titious charges in his bills of cost.

Mr. T. Jones was also heard on the same side.
Mr. Overend, Q.C. (with whom was Mr. Rew)
appeared in support of the rule, but said he was con-
tent to leave the case upon the report of the was Ler
without any comments of his own.

The Lord Chief Baron, after a consultation with
his learned brothers, said this was one of the most
serious questions which could arise in the adminis-
tration of justice. An application was made to
strike an attorney off the rolls on the ground that he
had on several occasions made charges which he
had no right to make, and supported them with
affidavits which certainly turned out to be untrue.
It was one of the duties of the superior courts of
Westminster-hall to watch over the conduct of
those officers who carried on their business, and
this court was now called upon to pronounce an
opinion on the conduct of one whose counsel ad-
mitted had been guilty of great negligence and
carelessness, and considerable indifference to the
character and reputation of a very honourable
branch of the profession. On the integrity and
honour of that branch of the profession a great
part of the safety of the community depended. Per-
sons of large property entrusted their estates en-
tirely to them; and n hen any one employed a well
known and respectable member of the body he ge-
nerally reposed in him the most implicit confidence,
and it was satisfactory to the court to reflect that
in general that confidence was well reposed. The
court did not think they were called upon to strike
this attorney off the rolls for what might have been
only an extremely slovenly and irregular mode of
conducting his business, but he appears to have
taken no pains to ascertain, as every one who made
an affidavit ought to do, whether the matters he
swore to were correct. From the line of argument
pursued it would appear that this was very much
the mode in which a large portion of the business
in this and other courts were conducted. If
that were so it was high time that it should be
understood that it must not be continued. It
was high time that the ccurt should interfere,
but it was not necessary in this case, which brought
the subject first before the court, that they should
make a very grave example; but if the court now•
showed any leniency, it must not be drawn into a
precedent for the impunity of those who might be
subsequently guilty of this practice. The judg-
ment of the court was that so much of the rule as
prayed that Mr. Paget should be struck off the
roll of attorneys should be discharged, but on con-
dition that he paid a fine of £lOO, and also paid
all the costa of the rule and of the proceedings,
before the master.
Judgment accordingly.

ARREST OF AN ENGLISH AUTHOR BY THE FEDE-
RALS.—A Washington telegram of the 9th says :
" George B. Lawrence, author of the well-known romance,
' Guy Livingstone,' was arrested a mile and a half beyond
our picket lines last night, while making his way to Rich-
mond. Lawrence arrived in this country two or three
weeks since from England, and has occupied his time since
with prominent Secessionists in this city and in Baltimore.
He was taken before Judge-Advocate Turner today, and
by him committed to close confinement in the old capital.
Lawrence dined with Lord Lyons when in Washington
and seemed to enjoy friendly relations with all the British

..
Mr. Hawkins, Q.C., and Mr. Reneely appeared
evening a name-
for the plaintiff; and Mr. Sergeant Ballantine and Legation."
THE POLISH QUESTION.—Last
.w"
held at the hall
J oehawnt all oi
vili las
ll at
ei
ag, andtumhi
ie.
rously attended public meeting Mr. Pearce for the defendant.
er
Mr.
The defendant in the case was formerly in the of the whorkhmouss.ely
teeedti.nlain
that she will be pleased to take either
army, but subsequently carried on business as a
talonepeti-
tioning
in conjunctionj
with her arlslysuthche Emperor of the
Gray's-inn-lane, e.lane, for the purpose of peti-
tdEdsampblPo leeeasn,fopar onwsdeecur therebyi ngthe
measuresnational
haLslosyhde
military outfitter in Princes-street, Hanover-square.
to twhaescchaalilre,daWnderethaedomp
In the spring of last year he met the plaintiff at the
corner of Coventry-street, Haymarket, and soon political
and welfare
o
of eastern Europe." l‘lr.
afterwards he employed him and pad him £2 Os- I±':
J. A. .Cunning
addressed by the Rev. D. Worthington, Mrg liaaving
a week. The p.aintiffie work seemed to be a com-
bination of the duties of clerk and messenger. Thee mayF ren
deemc h an dme other
et
fa
ham,
lliarecebeeank was veted
employment continued until Oct. 18, when it was Edmund . . others, resolutions in accordat ce with
of somethe object for which it
terminated by the defendant in consequence
both Gea
Beale,'Mr
MR. STANS
disagreement between them. Upon factstheseefthe
ease FELD AND HIS CONSTITUENTS. On
Wednesday afternoon a telegram Halifax from was received in
the evidence was very contradictory;
the time of Copied
um Mr. Stanafeld, announcing that he had ac-
The plaintiff's version was, that at
salary due to ralty,
Yesterdayce under
the dismissal there was three weeks'
he
was re-engaged electors of Halifax afternoon Arr. Stansfeld's address to the
him ; and that after the dismissaln appeared on the walls of the town. In
He after this frequently this document for a twelvemonth certain.
.
woe place of business, but ()Mee under the Crown, attended at the pla and my seat, as your representative,
that he was occupied with has thus anybecome vacant, and is again at your disposal. I
was not alleged
regular work ; and he received from time to time hasten, therefore, to solicit at your hands a renewal of the
trust which
paid
but was not his wages in full. lit • you first confided to me at the late general elec-
small sums,
claimed to recover the three tion, I venture with confidence to ask you to confirm and
now weeks' salary ; approve
damages for dismissal before the expiration of the prove, by my re -election, the step whic I have felt it
right to take. I propose to be in Halifax h towards the end
twelvemonth for which he was subsequently hired; of this week, and hope to have ample opportunity, before
and another head of claim v; i
as for 200, which the the day of nomination, of waiting upon any friends who
plaintiff alleged that the defendant
had promised may desire to see me or to receive explanations with refer-
him for his services in reference to some litigation, once to my public conduct on this or any other accasion."
defendant) was (as he turned out
provided he (the gation, -nASSPORTS IN 42
kiWITZERLAND.— The f ll wing is
to be) successful.
PASSPORTS 0 o
an extract from a despatch addressed to Earl
her Majesty's
The defendant denied b Russell by Admiral the Hon. E. A. J, Harris,
h 29, 1863, re-
tuat there was any salary Minister in Switzerland, dated Berne, Tan. . .
due to the plaintiff ; that and published in
he was ever re-engaged, specting "cartes de sejour" and passports,Ts
The decree of the Swiss
after his dismissal in October; and that he had ever the London Gazette of Feb. 1.3:1-6
1862, states that it is no
promised him £2OO, or any other 'he
sum, for hie ser-
vices Federal Council, dated April ,
to exhibit passports
vie in longer neceesary for foreign travellers
but the Cantonal.
es respect of the litigation. He admitted that
the frontier or in the interior;
ofrequiring
from those
either on
he had handed the plaintiff small sums at various Governments still retain tete
bey
given the period indicated by
times after October, but he said that the money was who prolong thheciruiret
soindethe exhibition ofpasspor,tsfor papeiB
given in charity, the plaintiff being in distress and 1 the laws ofea
c of obaining ,cartes dfeisshejosuuri,iecotr whieh
a under
ill; and not as payments. The defendant had also 1
siofreethis purpose
to
be paid. In the case
feesof is
British
same jme as that de-
several times sent the plaintiff with messages about k
the Treat of 1856 the
scale
of other Cantons."
business, and given him money for going ; and. on
manded from Swiss citizens
illustrations of the perfection one occasion he had paid £3B to get the plaintiff out Parian statuettes are
in removing pro-
duced by "tiring perseverance defects in menu-
of the hands of a sheriff's officer.
the feature. So also are Herring's magnetic brushes and corah‘:
so erf t'
In addition to the statements of the parties to
which ere nowerraedindceartin
ih pe a ee in restoring the colotm 'to
corrobora- vey ear, and g gony of neuralgia and
suit, there was evidence on both sides in
nerverUS
headache, that failure is almost trapossibte. N.B.
tion of what had been said.
were _A. felts are being made. Offices, 32, Basinghan.str t L
—.count er-
Both the plaintiff and the defendant ex
ee ,Lo don.