The Sun.
London, England, 1833-11-27 00:00:00

ROLLS' COURT.-(THIS DAM.)

HOCKLZY BANTOCK.
In this case, a Question of great importance and nicety
presented itself, relative to the practice of the Court.
The petition was presented for the purpose of having it
referred back to the Master to review his taxation of the
bills of costs which had been paid by the plaintiff in the
case, in order that what might appear to have been over-
paid to the gentleman who had acted as his solicitor in
the institution and conduct of the suit might be refunded
under the direction of the Court. It appeared that a
person of the name of Pattison, being an attorney-at-
law, in Essex, had instituted and substantially con.
ducted the suit in question, which was a bill for the
administration of the testator's estate, through the agency
of Messrs. Brooksbank and Farne, and having ob-
tained the common decree for the accounts of debts, &c.,
it was referred to the Master to tax all parties their costs ;
and Pattison had actually received payment of the b:11 of
costs, which were taxed by the Master, as if he had been
duly admitted a solioitor to practice in this Court. It
turned out on investigation, however, that Pattison had
not filled that character, and it was now admitted that
even the agents whom he had employed in town to con-
duct the cause had never been apprized of that circum-
stance.

Mr. PEMBERTON appeared in support of the application,
and contended, on the authority of various decisions, that
Pattison, not being a regularly admitted solicitor of this
Court, could not, even through the agency of persons fill-
ing that character, institute and conduct a suit in Chancery,
or, if so, that he was to be allowed in taxation not all
that he had been out of pocket, but only what he had paid
to the Clerk i❑ Court oti behalf of his client.
Mr. BETHELL appeared on the other side, and contended
that, under the language of the statutes 25 and 34 of
George 111., it was competent for• Pattison, being an at-
torney at law, through the medium of regularly adin.tted
solicitors as his agents, to act in a suit as he had done in
this case, and that he was therefore entitld to the ordinary
costs as between solicitor and client, which had been
allowed and paid to him under the Master's report.
Hier HONOUR, after reading attentively the worts of
the Acts to which lie had been referred, said he had no
doubt whatever on the subject. It was as clear as language
could make it, that an attorney could not practice in ti .e
name of a solicitor, by an agent, although a solicitor
could act through an agent in the name of an attorney.
The attorney Pa tison did, in this case, conduct the
business of his client as solicitor, while he did
not fill that character, and when even the agents he
employed were not aware of 0 e circumstance. He was
therefore only entitled to those costs which the plaintiff
was legally compellable to pay in the present state of the
authorities. If lie (the Master of the Rolls) were now to
make a precedent, he would be disposed to allow Mr.
Pattison all the sums of money which he had been out of
pocket in behalf of his client, but he was bound by the
decisions ; and he could only be allowed in taxation such
sums as he had paid to the clerk in Court. He should
therefore direct a reference to the Master, 0) review bis
taxation in that respect.

Mr. Bunn and plaintiff, and soinetimea from the P
alone.

Cross-examined.—Witness did not take pert
notice of these concerts, not thinking such a thing old
would occur. The bills were frequently altered, Oil
plaintiff revised them sometimes three times a day.
would require constant attendance. He attended 01
time., so late as eleven at night, and found plaintiff Al
theatre.

Mr. Gye_ls a proprietor of Vauxhall.gardenst
lately a Member of Parliament. He endeavoured tog,
Paginini's services for the Garden. The negotis;!`
were carried on with Mr. Freeman. The coramunice,.
were made with him several times a day, several
together. The negotiations broke off once on aceautili
the Signor's high terms, and once from his bell
engaged. The Signor played at Vauxhall 'tit,
concert given for the relief of the distressed P,
He played in the Rotunda in the gardens. It r;s
large nough to hold all the visiters. Witness nut'l
application to Mr. Freeman, acting for Paganini, 16S
ply to him to play in tip! open orchestra in the 101",,ot
of the gardens, as two-thirds of the company could
tear him in the Rotunda. The Signor refuged to d° 0,
Witness saw Mr. Freeman at Druiy.lane during the
certs, and his services must have been valuable to;

st'
Cross-examined—Paganini played gratuitously at Vl,O,
hail, but it was necessaty that he should have an aggro"
There was a great noise during the whole night bet° 0
the Signor, witness, and plaintiff. The Signor al°lo
referred to Mr. Freeman on every matter, and he aln,
understood from the defendant that he engaged the Plff,
tiff, not that the plaintiff attended as an amateur. f
Freeman was the aeent of Paganini, and all letters 'yell
addressed to the former. He had addressed three 1t
in a day to Mr. Freeman, and received two answer" f
Re-examined—From what he knows of the Sig°°l:
the agency must have heen a very troublesome one, f
Tel:pin-A a knowledge of theatricals, and be had kolbt
Mt. Freeman behind the scenes for some years. 0
Signor did not speak a word of English. Fur a 'be:
service, the plaintiff ought to be paid very liheros
Th,.se kind oip f -rv:ces ate always liberally paid. He
.1
ff
been in conversation with Mr. Freeman, on Pagsvit
.irs for four or five hours a day, and sometimes atair:,
Tw guin- as a day would be a moderate remunerasioo
a short service.

Mr. Hughes—ls a proprietor of V.tuxhall Gardeir,
The Signor played gratuitously there at a concert for lu;
Eir D 'pens iry. He sought Air. Freeman to induce
ti
Signor to play in the open orchestra. The Signor cog'
not have iione anything without the plaintiff.
Luxu examined—Was niece to Mrs. Kirkfl
where the Signor lodged in Newman street. Plaintiff 0: j
to come frequently to see Signor Paganini, and stoprn
several hours at a time. Letters addressed to Free°
were given to Signor Paganini.
111. Mina'i it a foreigner, but has lived 42 yesrs,tb
England; knows Paganini well, and has convereeditosei
him frequently concerning Freeman. The Signor pl.'a
~
him above all as a treasure. He valued him above 111,1;
persons he had engaged to accumulate treasure for bl
Ri-members when Paganini returned from Scotland 41/
Leland. Plaintiff went with him, and the day grit!lr
ti e r return, he said, that a more honest, IVOrtP,
dtsery cg young man, did not exist, and that 7
parted from him with tears in his eyes. His Ivor
were, " con le lagrime age iocchi."
Cross examined—This was two years ago. •bt Ai missions were here put in, corresponding Wi
different country managers.
Mr. Cooke again examined—lt would be necessary for
plaintiff to chalk out the route which the defendant Ws,
to take.

Mr. LLOYD, the counse 1 for Signor Paganini, tberi
addre•sed the Jury or the defendant, but he called n°
Wit nesles.

The Under-Sheriff (Mr. BuRcifELL) in summill °P
the evidence, observed that he agreed with the obseriesOni
-
ot the Learned Counsel that Signor Paganini had InAde;
• ry 11,ge sum of money by his exhibitions in this coutl".11,;
but he (the Under Sher ff) said he knew enouch °f g-of
Jury to feel confident that that fact, and also the other -
the defendant's being a foreigner would have no ii,fluege
whatever with the question now before the Court.
Jury would look at the case as if it were between ,th". 4
Englishmen, mid give their verdict impartially. ru—t,
would exiruct from the evidence what work and lab d
!ken done by the plaintiff for the defendant, 6:4
would give the former such a rum as they consider
him fairly entitled to.
The Jury, after a short consultation, found a verdict for
the plaintiff—Dimages 31/. 10s.
The Court was crowded by persons anxious to kri°9l
the result of the inquiry.