The New York herald., 1851-08-07

Il
e common Law, and conclude contra forma stafuoro
Eiz lAs Hsw, p Gas; Burns }. l74. The offences
to be the only cases in which . general indictment
wiz hs Without alleging particular facts In the indist
| II common person. shall be fined and imprisoned. and
bound to his good behavior and he belongs (as Is fire.
qusnty the ease) to the profession Of the ls~, being
be further punished by being disabled from practising
| in the future-Ibid 4 B. Comm l34 IF any person
1 an
attorney solicitor agent In any suit the court upon
arss Ss n 70 s
ven nyearsl2 Geo. 20 Ibid Hereunto may be re-
isrrea another offence Of equal magnty and audscous
ness that OF suing another in the Of fictitious
plaintiff either one not in being at ALL who is
ignorant Of the suit This offence il committed in any
punished at their discretion But in courts Of lower
degree where the crime is equally psr.ieious but the
directed BY statute Ea q to - punisSed by six
months and treble damaged to the party
For the American law on the subject Of barretry.
see authorities before cited, and Comm. sos.
Embracery Is crime by common law and by Al atute IT,
attempt to influence jury corruptiy 70 one side
by promises persussons entreaties money entertain
fine and by divers Of
RsE: Ssn for year and forfeiture Of ten fold Value Ssi
The American law on the subject of embracery,
is the same as the English law. (See Russell on
Or. l72, and 10 Pick i3i; 10 Mass 227 Bailey,
Taking contingent fees in suit or portion of the
thing in controversy, for services whether by agents
attorneys counsellors Others is by the English
cisions champerty and maintenance, and contract
therefor is absolutely null and void and the
taking such contingent" fee share, Is subject to in
dctment and imprisonment, and If lawyer should be
dsbarred.
The Roman orators practsed gratis for honor merely
at most for the sake of gaining influence and like
wise It is established with that counsel can maintain
action from his fees which given not ocso ui
conduco but quid honorarium not as q salary
hire but as mere gratuity which counsellor cannot
demand without doing wrong to his repuation also
whose hoorariu directed BY decree Of the Senate
not to exceed in any case, two thousand sesterces
seors, &c. serrnies adegu-miaisters of the law
officers Of courts Ibid, 26) Courts will supervise
their conduct Tidds Practice, 90, 90; BurnsJ ia
The American dc ,isons are to the full length of
the English. contract with IN attorney that |
he shall prosecute suits for the recovery Of property
and receive part Of the property recovered, COM
pensatiOn for his services, and that compromise
shall be made, unless, when he joins ia it, is |
void, being champerty And this, though there is
perty and, though the common law, in relation to
the punishment ofcrimes and misdemeanors, is not |
in force there, yet the aid Of the courts will not be
given to sanction and enforce champerty or other
contracts, contrary to public justice, and the peaoe
and happiness of the community Il Ham. Ohio,
r. 1927. A counsellor is not allowed to contract
controversy, in consideration of his services q
Denio, r. COZ; Hill, $50; John, Il. lls;
McCord., 5ZD. contract by an attorney to
carry on suit, on the principle Of no cure, no
ed void for champerty e. Mart, Lou, r.
2SD. Cow. 475. y Ala. 755. John Il. 253.
There must be some interest, distinct from
nance Of suit by attorney q Wendell, 3IO).
Agents not connected with the legal profession
may be guilty of maintenance and champerty when
agreement with such person to aid in defending or
prosecuting suit is void for maintenance. Cow
en-. X. 43l. 3. DEMO. :. Humph. 379. Ar lttor-
ney agreeing to divide commissions with agent Of
void for champerty. l3 Pick. X. ~. Attorneys and
councillors quasi officers Of courts and courts
will supervise their dealings with their clients, and
reform hard and unconsconabc and unreasonable
and extortionate bargains. Dana. $50. 4. Hayu,
292. z. Yerger. 80. 2 Dana. 2,s. 9John X. 2O3. An
attorney viii be discharged for neglect.
at common law as well as by statute No one shall sell
or purchase any pretended right or title to land unless
the vendor Ssn IsSesa 'he ps.h m I one
session Of the land or Of the rewrson or remainder
on pain that both purchase, ard vendor shall each for
cutor.n (32 Hen. s 9l mo person Of the kings
house shall buy any title whilst the thing is in dispute
pain Of both the buyer and seller being punished at
the kings pleasure 3 Ed l, c. 40. Burns j. All prac
tees Of this kind by all means to be dscountenancsd
ntesto great men to purchase disputed tides Of others
to tbcest grievance Of the adverse parties who may
agaipst such powerful persons, which perhaps, they
might safely enough maintain against their proper
adversary-(bid) Under such rule, pretended titles
might be granted great men, whereby right might be
trodden down and the weak oppressed (Co Lit 2f
beset and multiply eonroveres suits and litigation Of
all kinds. Every gnnt Of lands except as ieeesc, Is
in the actual possession Of another person claiming
title adverse to the grantor Q.t s!7 The statutes
Of Westminster 2s ed c. H. established the doctrine
came part Of the common law
The purchase and transfer Of chooses in accn, such
claims against the government (mcst generally grounds
for appeal TO hs equitable confederation or favor
rather than matters Of legal rght Il not sanctioned by
the English common law The old rules exceed
ingly stringent and apply to all oLos,s in action.
But above all u abhors and forbiis traelng In mere
rights to institute suit. Equity does no, allow
terancc the trading In such claims or sustain their
purchase and transfer to any extent though does
tain the transfer Of chooses In action in certain
aud mere equts, when II i not against public policy
convenience, or momty-2 ID Com; As ss,: Is Yes
l,sl; +. Tt9 mere right TO file bill In equity
not sssgnsbc Il You and Coli 400 II nolav interdct-
lament, or the prvy Council for claim NOR any Judi
ca decision declaring such sale void can be cited Il
presumed II IL, because such occurred
was II supposed II would ocsur
TIE american lar as to the buying Of disputed
titles, II, in most Of the states, similar 10 the law
Of England. q Dnbe Abrid, al, 8. Il story j.. |
Juris. 1,0is, 2. 4; Ken, Comm, ii9. Many claims |
against the United states are founded upon |
purchases On speculation, Of ancient spanish, or
Mexican, or French, or British grants, in the coun-
tiles acquired by the United states, By cesion;
or old colonial grants, or from the States and some
from Indians. Chancellor Kent, whilst he ad-
mits that the English statute law was conform.
able 10 the "policy Of the common law" and
was "a fundamental doctrine Of the law u fcuds
on the continent Of Europe" and in eonformitywith
"the general sense and usage Of mankind or, az
Sir VIM. Blackstone says "of all well governed
nations" yet doubts the policy 20 this country.
because lands have been made such an extensive
"articlc Of commerce, and Of such inccssani crcu.
lation, though, Che also ob'srves,) 81 IS said
that in England houses and lands have now become
means Of Investment, and circulate from owror to
owner with unusual and startling rapidity.' Tic |
says the statute Of I I'd. and Id. against cham
reity ard maintenance. " arose from the cmbsr-
rassments which attended the administration Of
Justice in those turbulent time, from the dangerous
influence Of men in power" and he regard. the
forfeiture imposed by ~ Hen .. before cited,