The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-03-11 00:00:00

TO THE ENTOII OF THE LIVERPOOL

apprehend the following observations, tliOugh' upon

rather a dry subject, will be interesting. It appears by your
last Friday's paper, that after many deStiltorYobServations from
Mr. Rathbone and
,Mr. Birch, the latter gentle Mae proposed
"that Mr. Radcliffe be requested to continue his services, at- a
salary of L'2ooo per annum." Mr. Rathbune's previous Motion
had been to appoint the town-clerk at a larger salary, "subject
to a reduction of fees." Mr. Rathbone had. previously enume-
rated what services the town-clerk was to perform for this hand,
some salary; and as I understand it, and the majority of your
readers also, the town-clerk was appointed at the salarY pro-
posed by Mr. Birch, to perform the services enumerated by Mr.
Rathbone. I have no disrespect for either Mr. Rathbone, Mr.
Birch, the town-clerk, or his assistant; I am .not acquainted
with any of them, 1 believe the latter two gentlemen to be re-
gularly educated, duly enrolled, fully certificated, and highly-
respectable practising attorneys and solicitors, and wish to speak
Of them as such. My observations solely apply to the difficulty
that appears to me may arise as to their receiving a salary,
and at the same time recovering their fees. According to the
motion of Mr. Birch, upon which the town-clerk was eventually
elected, the tonnylerk is virtually entitled to both the salary and
his fees as ari attorney, as there was no stipulation embodied
therein as tcf his hot having the fees as attorney or solicitor, aud
they are due to him in that light from other individuals. I care
not what was understood amongst the council, his appointment
is virtually so worded, and, being so worded, I contend the
town-clerk is entitled to his salary by the strict letter of the vote,
and to his fees on any business he may do as au attorney or so-
licitor by the acts of parliament and the rules and usages of the
courts he may transact the business in. You will see clearly
here is ati onossitin, and upon supplying this cure there difficulty
may arise than at first appears. In discussing the-subject, witi
Mr. liathleme's addition of "subject to a reduction of fees,"'
still the saute difficulty, or almost a greater, arises to--thoSe act
(violated with the subject, and, though tedious,. I will endeavour
to explain it. In all appointments of this nature; ant we spill
take his Majesty's Attorney-General, the public prosecutor, for
instance, he has the fees of office virtaLe efficii, and a nominal
salary in addition, (tsOti I believe,) for advising on subjects of
lam relating. to the crown•a»d 'common weal. Mr. Itathbene, in
his introductory observatiteis as reported, states, " Ile thought
it right, ia •hioneetrieg speech, &v., to en through the duties of
town-clerk and the sourves. of emolument of all future town-
clerks, and • then show th'ent how small a sum they would be
called upon to pay for so great an object Z. the boroughson-0.
fees As ern,llootli.ihe:olterk.°N-hevesce.- feet‘e4fnilifeA'ar Lit 16,
the leases of the public (Oginal leases, 1 suppose,) he'believed •
it was rather ender than over to state f.:soo,making together E 2200.
In addition to this there were-the prosecutions; wherein a saving, if
conducted by their own officers, of g 1.500, the renewing-of leases
£4oo,the general business £4OO, and the receipts of town-clerk for
attending on committees, &c., revising burgess list, as clerk of
records, revising freemen's roll, attending insolvent court, at-
tending magistrates at elections, parliamentary and municipal,
aryl he concluded with the parliamentary actions and suits, the.
amount derived from.which it was difficult to ascertain, arid he
took it considerably lower than it averaged when he stated £1515)
a year. a sum which their officer would not receive at all having
a fixed salary ; pYoseentions of the nightly watch, which had
hitherto amounted to 1:300 per annum, which by. the present
arrartgeMent their own officers would have to take charge ot'.
He wished to show that by this arrangement there was a positive
saving." lam also a great advocate for economy; but let us
see if Mr. Rathbone has understood thoroughly the subject he
was discussing. I ant afraid he has started upon false premises,
and his conclusions are necessarily erroneous. He might to read
the 102,1 sect ion of the municipal corporation act, and he will find
that if the town-clerk, or his assistant, or his partner, or, clerk be
concerned in prosecutions of offenders he cannot be clerk of the
peace; therefore, as these two offices cannot be joined, the
saving of £7OO cannot be effected, minus this sum. 1 believe
the statement of the different yearly sums. in the aggregate
amount, to be about £5300, and the two salaries of town-clerk
and assistant town-clerk together only amount to £2700, conse-
quently, according, to the ideas of these gentlemen. there will
be a saving of £2(1111) per annum, to be appropriated to the bo-
rough fund. But who is to receive or claim this overphis ?
The must part of it is made up of fees and charges due to the
persons conducting and transacting business in the character of
attorneys and solicitors, payable by other individuals than the
ctirporators. If the town-clerk and assistant town-clerk are
already paid by salaries, they cannot, without frustrating the
intentions of the parties appointing them, receive or claim those
fees for themselves, especially above the Himmel of their salaries
--nor can they properly give receipts for them, because it ap-
pears they are already paid by salary, and also that the surplus
above their salaries belong to the other parties, or the corporate
fund. The council cannot give receipts-for attorneys or soli-
citors' fees or charges, or recover them, because they are barred
by act of parliament. It is made penal " fir any person to
practice as an,attornev in the county court by 12 Geo. 11., c 13,
s 7., or at any general or quarter sessions of the peace by '22
Geo. IL, c 4G, s 12, unless admitted and enrolled as an at-
torney." .

But to these observations, it is answered, these fees are even-
tually paid by the borough, awl the town-clerks are'paid them
in tine round sum in the shape of salary. Thesame observations
apply to pi•oseetitions of nightly watch offences. If so, then I
contend that this £ISOII of the salaries is already paid, leaving
only £9 to. Every elle knows that for business done in the
superior courts none except attorneys can charge. Suppose
Then the borough to try an action of right, custom, or title at
the assixes and succeed, and the costs amount to some hundreds
awarded to them, how are the costs to lie got, obtained, or
received front the losing party. : not to the town-clerks can
they be due---they are paid' already in the shape of salary.
They cannot be due to the conucti, because they are charges
and fees belonging to
.individuals in the characters of prac-
tising solicitors or attorneys; but I need not suppose any
case, because admitting that 'the fees for attending- com-
mittees,resising burgess-list, clerk of records, revising free-
men's roll, attending insolvent ciant, attending tuagistrates
at elections, parliamehtary t‘tl business_ being
- in a great—measure stiolt under the helid of salary, still -I think
there will remain a handsome surplus of fees due solely to per-
sons in the character of attorneys above payiag-lhe salaries.
In these last matters I estimate what is therein received as at-
torneys' fees; and the attorneys' fees in parliamentary actions
and suits will be at least £.8',111. Then fees on original leases
1:50(i, and upon renewed leases £l4lO. The fees in these two
last cases beloeg to attorneys onlyby 44 Geo. 111., c. s. 14:—
" Ilan) person (not ansWering the description of ceafficated
persons therein described) shall for or in expectation of any
fee, gain, or reward, directly or indirectly, draw or prepare any
conveyance or deed relating to any personal or real es:ate, or
other proceedings at law or in equity, (except testamentary
papers or agreements not under seal or letter of attorney) he is
liable to a penalty of £st);" and by 22 (ieo. 11., c.
If any sworn attorney or solicitor shall act as mjent for any
person or persons not duly qualified to act is an attorney or
solicitor, or permit or suffer his name to be in any wise made use
of upon the account ur for the profit of any unqualified person or
persons, Sce., he is liable to he struck off the roll, and disaider! from
ever after practising, and may be commitied for one year." Now
under this last clause it will be improper or unadvisable fur the
fees (surplus) for attorneys' or solicitors' business above paying
the two salaries to be placed to the account of, or handed over
for the prefif of Mr. ltathbone and his brother councillors, or
for the corporation fund generally. We have now got ,f.:::400,
£5OO, and X,10:), all made up of charges which belong exclu-
sively In persons in the character of solicitor or attorney, (lot
paid by the council exactly, mark, but received from the pro-
misettims individuals requiring leases, &c., making together£l,7o(o; and next the fees of .court, net payable by the coque a-
tirin; but by the snitors, („C1,0110,) he will receive them as the ap-
pointed officer of that court. These four items just make up the
two salaries, and, if I shmild 'underrate the items, alOhe-fees
above paying the salaries must be forgiven or retiequished.
They. cannot belling to the town-clerks: their remanei atien• is,
not to exceed £2,70:1; and it would be contrary to the spirit of
tie. last act of parliament to receive them as agent, or on ac-
count of or :for the profit of the borimeh fund. If all the items,
according to the above statement, paid by suitors and promiscn-
nits individuals fully intike up the amount of both salaries, the
corporate body will have all their prosecutions, all their actions,
and all their .corporate private • business, &c. &c. done fur no-
thing quite gratuitously: Liberal times these, in which it is said
two-thirds of the third-rate attorney and solicitors are almost
starving! Besides, if Mr. Itathbonellad understood 'the sub-
ject, he would have known that the charges and fees for leases
and renewing leases have been hitherto borne by the individuals
to whom the leases were granted, (I believe,) and, therefore,
those fees ought not to have been taken into a calculation of
saving though mentioned in the late town-clerk's estimate
( w he refrum M r.lt. got his information) of his emoluments of office
whereon to ground his claim for compensation; and, if this is
correct, Mr. Itathbone's statement will be overcharged. These
two sums also and £7W clerk of peace's fees make a trilling
mistake of :0,501, or nearly one-third of his calculation errone-
ens, which is rather awkward in a financier of the improved, I
beg pardon, reformed age, and who works night and day to get
up the report.
Now the conclusion to he drawn is about this, that either
the present town-clerks must receive all the fees belonging to
an attorney, and also their salaries in addition; and this is in
accordance with the virtual wording of their appointment. Or,
Recording to Mr. Itathhone's ideas and enlightened elucidation,
after the two town-clerk's have received fees amounting to
£2.700, all the other fees and charges, whether they are due
upon actions or leases, or to &livers of courts, most be forgiven
and waved, otherwise the overplus fees will he received for the
profit of, or on account of another individual (the cmporators)
not qualified accordin,g to 2'2 Geo. 11., c. 4, s. 11, and incur the
penalties. Or a third position is, that the town-clerks, being
paid in the shape of a salary, can claim no ;lies at all, their
remuneration being already satisfied, and that persons Will have
their leases now exempt from these fees. I consider it 'will be
necessary to remodel the,appointment of time clerks; and how
I leave for the wisdom of a multitude of Councillors to find •imt.
Should it stand as at present, and the town-clerk comniit any
error
to offend the saints, (and human nature is not infallible,)•
and after having received.his.salary a few years be turned out,
fie might sue for and recover back those fees which haul been
paid for and on account of his character of attorney or scilicitiir.
Perhaps some persons may sometimes object to pay the fees on
leases, and say they are already paid in the shape of salary.
As fees received from individual suitors rind persons dealing;
with the corporation will amount to more than any reasonable
salary, why not dispense the clothing and appoint mere attor-
neys to the different parts of the business, and have one chief
as a general prosecutor and adviser only paid by a handsome
salary? If economy is the sole objiiiit, why not appoint the
duties of a coroner to be performed by the assistant town-clerk?
Is there any enactment to prevent it? If nut, be would go
through the -duties with credit, and save those fees.—Notirs, most •
humbly, • SCIIIITATOft.
Liverpool, Bth March, 1836. •