1866.

Ex parte PEPPERCORN.

May 3.

Statute 23 & 24 Vict. c. 127, s. 10, prohibits an articled clerk during his term Attorney. of service from holding any office or engaging in any employment Articled clerk whatsoever other than the employment of clerk to the attorney with holding whom he is articled. P., during his articles, was appointed steward of "office." a manor by his mother, who had a life interest in the property, which 23 & 24 Vict. at her death would be divisible between P. and his sisters. P. at once c. 127, s. 10. appointed a deputy to discharge the duties, but on three occasions he Admission. attended, with his principal's consent, courts of the manor to admit tenants and take surrenders, with the view of becoming acquainted with the duties of steward of the manor in which he and his family were interested. Held, that the service was under these peculiar circumstances sufficient.

THIS

HIS was an application for an order requiring the examiners, appointed to examine persons claiming to be admitted attornies, to grant a certificate of the fitness and capacity of W. Peppercorn to act as an attorney; pursuant to Reg. 5 of Hilary Term, 1853.

The Applicant's affidavit was in these terms.

"In the Common Pleas.

"I, Walter Peppercorn, formerly of Burton-upon-Trent, Staffordshire, but now residing at No. 3, Compton-place, Gray's-Inn-road, in the county of Middlesex, gentleman, make oath and say as follows:

"1. On the 9th day of February, 1861, I entered into articles of clerkship with Edward Billett, junior, of Burtonupon-Trent aforesaid, solicitor; and on the 22nd of June, 1865, was assigned to John Hawkins, of New Boswell Court, for the rest of my term of five years.

"2. I was in Hilary Term last duly examined by the examiners appointed for that purpose, and they have certified that they have examined me in pursuance of the rules made for that purpose, and found me fit and capable to act as an attorney and in the usual business transacted by attornies; but, owing to circumstances hereinafter mentioned,

1866.

Ex parte PEPPERCORN.

they withhold their certificate until I obtain an order from this Court to the effect that the service under my articles has satisfied the act of parliament.

"3. My father, William Peppercorn, was steward of the manor of Headington, in the county of Oxford, up to the time of his death, which happened in the month of July, 1864, and upon his death it became necessary to appoint a steward in his place.

"4. My brother-in-law was before my father's death and still is the lord of the manor, formerly as trustee for my father and now for my mother, who has a life interest in the same under my father's will.

"5. Upon the death of my mother the manor will become divisible amongst myself and my brothers and sisters in equal shares.

"6. My father always expressed a desire that I should be appointed after his death steward of the said manor in his place, and upon his death my brother-in-law accordingly, and also by desire of my family, appointed me such steward, and in which capacity I first acted in December, 1864.

"7. I appointed a solicitor to act as my deputy. The general business of the manor has been transacted by him; the only way in which I have acted in the business of the said manor has been to be present at the courts to admit the tenants and take their surrenders, for as the conduct of the manor would be left to me when I should be admitted, I considered it my duty to become as much acquainted with the customs of the manor and duties of a steward as possible.

"8. I have been absent during my articles on three occasions of one day each for the purpose of being present at the courts as aforesaid, with my principal's consent.

"9. The fees of the courts have by agreement been divided between myself and my deputy steward.

"10. I was aware that an articled clerk could not legally

take fees as a solicitor during his clerkship; but as the appointment of steward of a manor does not necessarily fall on a solicitor, I never for one instant imagined that I was doing wrong in taking the appointment, and did so more with the view of looking after my own and my relation's interests than for any idea of emolument, and the money I have received has been hardly sufficient to defray my expenses out of pocket, and the whole control of the manor having been with my family for so long, I looked upon my appointment more in the light of private property than otherwise.

"Walter Peppercorn."

"Sworn at No. 1, New Inn, in the county of Middlesex this 23rd day of April, 1866."

An application had been made to the Court of Queen's Bench upon a similar affidavit, but that Court considering that the applicant had during the term mentioned in the articles held "office" within the meaning of the 23 & 24 Vict. c. 127, s. 10, refused to make the order prayed for.

R. E. Turner for the Applicant. (April 26.)—The 10th section of 23 & 24 Vict. c. 127, is in these terms, that

no person hereafter bound by articles of clerkship to any attorney or solicitor shall, during the term of service mentioned in such articles, hold any office or engage in any employment whatsoever other than the employment .of clerk to such attorney or solicitor, and his partner or partners, if any, in the business, practice or employment of an attorney or solicitor, save as by the first hereinbefore-mentioned act (a), or this act, otherwise provided; and every person bound as aforesaid shall, before being admitted an attorney or solicitor, prove by the affidavit required under section 14 of the first herein before-mentioned act, that he has not held any office, or engaged in

(a) 6 & 7 Vict. c. 73.

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Ex parte PEPPERCORN.

1866.

Ex parte

any employment, contrary to this enactment; and the form of such affidavit aforesaid shall be varied by such PEPPERCORN. addition thereto as may be necessary for this purpose." That section only applies to cases where a clerk has been taken away from his occupation under the articles or from his studies, and where he has actually held an office and discharged its duties. The three days he passed in the manor court might, with his master's consent, have been spent anywhere, and on this occasion he not only had his master's consent but was learning his master's business. Although he accepted the office, he appointed a deputy immediately. [Smith, J. The difficulty appears to be in the words "hold any office or engage in any employment."] Yes; but it must be some office or employment with duties to be performed, not a mere sinecure. The deputy did all the work here, with the exception of the three days in question. [Byles, J., referred to In re Taylor (a). Erle, C. J.-By the words of this statute it must be proved, in the form of affidavit required under sect. 14 of the 6 & 7 Vict. c. 73, that the clerk has "not held any office or engaged in any employment contrary to this enactment; and the form of such affidavit as aforesaid shall be varied by such additions thereto as may be necessary for this purpose." The form which appears to be required by that 14th section is, that the clerk "actually and really served and was employed by such practising attorney," &c. What the master sanctions is material, and it seems clear that a master would be quite justified in sanctioning his clerk's attendance such a court during those three days, for the purpose of improving his legal knowledge. Per curiam. Have we any dispensing power?] Apparently not. [He also cited Ex parte Llewellyn (b)].

The Court then directed that the application should be renewed with such further Affidavits as the Applicant might

(a) 4 B. & C. 341.

(b) 2 Dow., N. S. 701.

think proper to make, and with a reference to any rule of Court bearing on the question.

Turner, in renewing the application on the next day, stated that he had no further affidavit and could not refer the Court to any rule, but cited Ex parte Carr (c).

Cur, adv. vult.

The judgment of the Court was now delivered by— ERLE, C. J. We are of opinion that the service of the Applicant under his articles has been sufficient within the meaning of the statutes, and that his affidavit explains the very peculiar circumstances under which he became for a time steward of the manor of Headington, so as to entitle him to his certificate. It appears thereby that the inheritance of the manor itself devolved on his family on the death of his father, and with it the office of steward in a manner devolved on him as the legal member of the family, holding it at the request of his mother, brothers and sisters, performing the duties by deputy, and having consumed only two or three days in two or three years in visits to the manor court, with the leave of his employers, acquiring thereby professional knowledge, and at the same time protecting a property in which he has an interest.

We think it right to add, that previous to coming to this conclusion-we conferred with the Judges of the Court of Queen's Bench.

1866.

Ex parte PEPPERCORN.

Application granted.

(c) 3 Q. B. 447.