a bill is filed, praying for an injunction, and usually asking, at the same time, for an account of the profits made by the piratical use of the mark; the injunction is granted on motion, either ex parte or after notice to the defendant, according to circumstances. If the plaintiff files his bill immediately or without any unnecessary delay after he discovers the piracy, he may obtain his injunction at once; and it is curious to remark, that the court which has acquired the reputation of being proverbially cumbrous and tardy in its machinery and movements, is on these occasions made one of the most prompt and summary tribunals in the country; a few hours only being necessary for procuring its aid in matters involving interests and property of the greatest importance and value.

The spirit of rivalry now so extensively pervading every branch of trade, and the unfair means often resorted to by the unscrupulous and overreaching, has lately brought this subject into such general discussion as fully to justify these observations, which, it is hoped, have placed the law in a perspicuous light, although they are insufficient completely to exhaust the topic.

ART. VI.-TOWN v. COUNTRY-PROVINCIAL COMPLAINTS OF AGENCY.

Observations on the Unprofitable State of Country Equity and Common Law Practice, &c., with Suggestions for Relieving it from Town Agency, &c. &c. London. 1837.

WE are sorry to see that the diminution of law business is producing an effect which almost follows on the deterioration of a trade: the partners are beginning to quarrel amongst them-, selves. A short time since we had attorneys calling on their fellows to conspire for the purpose of cutting down the fees of the bar; and here we have a practitioner of long standing and evident respectability summoning his provincial brethren to join with him in sweeping town-agents from the face of the earth, from a firm conviction that, locust-like, they devour the fruit and leaves, and leave little besides the bare dry branches for their principals.

Lord John Russell says somewhere, that a proverb is one man's wit and many men's wisdom. It may be doubted whether the very old and familiar proverb-" A house divided against itself cannot stand,"-comes within the denomination of wit, but we are quite sure that it would be many men's wisdom, if adopted and acted upon by the legal profession; and Menenius' fable of the belly and the members might also be studied with profit by several of us. The author of this publication, however, has convinced himself that an immediate strike on the part of a peculiar section is advisable, and as he expresses opinions which are much more largely disseminated than could be wished, we think it right to devote a few pages to an examination of them. He begins as follows:

"It is a matter beyond dispute, that the professional receipts of country attorneys very inadequately correspond with the expenses incurred in their education and admission, the responsibility attending their practice, their superior intelligence and activity, or the extensive influence they possess through the latter qualifications. With incomes inferior to those made by the middle class of tradesmen, they are expected, nevertheless, to take a more elevated rank in society, and to live in a style requiring a larger expenditure. A practice yielding 3001. per annum is not enjoyed by one-half of the members of the profession; a business producing the double of that income is not very frequently met with; whilst the profits of few offices exceed 1000l. a-year. I speak, of course, of the sums made by individuals,—a return of two, three, or four thousand a-year from one connexion being generally, if not always, divided amongst many partners.

"A superficial observer may contend, that the small amount of professional incomes is solely attributable to the existence of too great a number of practitioners; and that the pursuit of the law, as a means of livelihood is not exempt from the operation of competition, which regulates alike the profits of trades and professions. I have often heard this assertion made by country attorneys, and have lamented the tendency of the opinion to prevent improvement in their condition. The suggestion not unfrequently made for augmenting the stamp-duty on articles of clerkship, or for throwing additional difficulties in the way of admission, has no other support than this notion; and I conscientiously believe, that the lately-re

vived examination of clerks is not unfavourably regarded by a considerable portion of the profession, from a conviction that it will in time materially check the further increase of practitioners.

"Without calling in question the tendeney of competition to reduce the profits of attorneys engaged in practice in the country, I simply contend that the present narrowness of their incomes is not alone owing to the influence of that principle, but, for the greater part, to the operation of other and more powerful causes. These causes I have for some time made the object of diligent investigation; and although at first, I confess, they appeared too formidable to be assailed with success, upon a closer examination I found them, in many instances, susceptible of partial or complete abatement. Every portion of country practice has been for years, more or less, in a depressed condition; but without doubt the most unprofitable branches, for a long time past, have been those of Equity and Common Law. These two legitimate and important sources of profit to the country practitioner under a well-regulated system of judicial administration, are at present nearly choked with artificial and unnecessary obstructions, and, consequently, are of comparatively insignificant value to the profession. If restored to a healthy state, I have little hesitation in maintaining that they would be equal, if not superior, in point of profit, to every other kind of business transacted by the country attorney. I intend to devote the following pages to a consideration of the means of rescuing these two branches of practice from their present mischievous restrictions: at a future season I may direct my observations towards the improvements of the other kinds of professional business pursued in the country."

The first step in the discussion is to establish the facts, and this is done satisfactorily enough: first, by laying before us the average profits of his own business; secondly, by references to returns, shewing that the majority of country practitioners are worse off than himself. His own accounts shew that his common law business produced 1657. profit in 1835 and 1737. in 1836; from which he deducts 751., the salary of a clerk employed exclusively in that branch of practice; but he admits that he lost 767. in 1835 and 887. in 1836 by bad debts; i. e. by costs which the parties were unable to pay, or which he was loth to demand under the circumstances. The general rate of profit he estimates by multiplying the number of writs issued, trials had, executions sued out, &c. &c. in

1834 (as stated in the Appendix to the First Common Law Report,) by the average amount of taxed costs allowed for each, and dividing the product amongst the attorneys of that year: computing the metropolitan business at a third of the whole, and deducting three-fifths of the gross amount set down to the account of country business for agency. Thus, out of 1,592,2847., the gross amount of taxed costs in 1834, only 424,6107. remains for 7075 country practitioners,—about 607. each. Even this small sum is subject to deductions on account of clerks, office expences, interest on capital, &c.; but on the other hand he forgets that, far from strictly abiding by the taxation, attorneys in most cases very properly demand and frequently receive the difference from their own clients. Still the main conclusion is undeniable, that country practitioners derive small incomes from the common law; and having made up his mind as to the existence of the evil, the author sat down and indited the following epistle to his agent:

"My dear Sirs,

"Nov. 2d. 1836.

Upon a careful examination of your bills of costs for agency during the last year, I find that you have paid away out of pocket, on account of matters connected with my common law business, 1407., and that your profit from that source was 1821.

"Allow me to state, that on account of the same business, I have (with the remittance mentioned in the accompanying letter) paid away 4451., and have cleared 1731. And that from this

latter sum is to be deducted the salary of a common law clerk, whose time is entirely devoted to that branch of my practice, and to whom I pay 751. per annum.

"From the profit of each of us, also, may be deducted, if it be thought necessary to arrive at our respective clear gains, the interest of the money laid out, or capital employed, as well as the ordinary expenses for stationery, &c. From your profit, also, is to be deducted a portion of a clerk's salary; but only a portion, since you do not keep a clerk for each client's business.

"But all these deductions will still leave you much greater gainers than myself, from my year's common law practice. This is not peculiar to the past year: it has been so (I think, without exception) ever since I began practice; and instead, therefore, of being the result of accident, it must be considered as the natural consequences of the existing method of conducting agency.

"The professional connexion between your house and myself has continued twenty-two years, during which period, notwithstanding an almost daily correspondence upon matters of business, I believe neither of us can remember the slightest difference ever having occurred between us. In addition to this, I may also allude to the strong feelings of friendship and attachment which unite ourselves and our families. I mention these matters merely by way of preface to what I am about to propose, in order that you may be satisfied that I treat you with sincerity and candour, and that you may treat me so in return.

"My proposition is, that a more equal division of the profit arising from my common law connexion should be made between us, by dividing such profit rateably, according to the capital we respectively employ, and the time, labour, and attention we respectively contribute to that branch of my business.

"I am aware of very many powerful objections to this arrangement, to be urged on your part; whilst the overwhelming reason on my side, for making the proposal, is, that unless accepted, I do not think I shall cultivate that part of my connexion any longer.

"I am sure you will give me credit for not having written this letter, containing what you may deem an extraordinary proposition, without having pondered long and deeply on the subject.

With characteristic promptitude, we are informed, came the answer:

66

"Dear Sir,

"5th November, 1836.

"We have duly considered the contents of your letter of the 2nd instant, and we intend to reply to it in the same spirit of frankness with which we are certain it was written. We beg to say, at once, that we decline your proposal.

"In the first place, if we accepted it, it would have the effect of creating a partnership between us,-by making us joint participators in the gains and losses attending a particular business: this, without any other reason, is sufficient to induce us to negative your proposition.

"We are quite sure that you do not entertain any vulgar notion that agency business is attended with any extraordinary degree of profit. We don't know whether it has happened to you, but to