HOW HE GOT HIS BILL PAID,

Observer, Volume 2, Issue 50, 27 August 1881, Page 582

HOW HE GOT HIS BILL PAID,

By Cbaw Linn.

lam a law clerk. My principal is a very easy going solicitor, only fit for chamber practice, which is perhaps paying him a great compliment, as a lawyer must be sound for that, while a very shallow fellow can get along in a Police Court if he has the requisite quantity of assurance. I had been on a visit to Melbourne, and had returned to a certain large town in New Zealand which shall be nameless. I found my principal in trouble. He had quarrelled with the directors of the Hotcpope and Blackniouth Tramway Company (Limited), and they would not pay his bill or give him the ten shares they had promised him for acting as secretary. He said to me, "Look here, Brown, I have worked hard for this company ; I have pulled it through all its difficulties, and have acted as secretary for three months, the consideration being ten

shares in the company. Well, because I cannot \ spare the time to do that any longer I gave the directors notice at the last meeting to get another secretary. You never heard such a row in your life Tthey .said my connection with the company had been the making of me, and now that I had a bit of a practice I wanted to throw them over and leave them in the lurch. You know that I a mild man, and / know that I am an honest one ; I couldn't stand it ; I told them what I thought of them, and demanded my ten shares. They would not give them, so I came away in a rage, and the next day sent in my bill for costs, They say it is exiiorbitant and refuse to pay it. You look over the copy and see for yourself if there is anything unfair in it." Well knowing that if Mr C. made out a bill it would be much less than it ought to be, I said "Why not have the bill taxed and sue for it." Mr C. sighed — "Fact is, Brown, I am not friendly witli Friar, the registrar, just now, and if my bill went before him, the cad would fancy a dozen Prothonotaries rolled into one, aiid my unhappy bill would not be worth receipting when curtailed of its fair proportions. No, Brown, you, must try and think of something." I did try, but I could see no way but the plain straightforward one of having the bill taxed, and so was about to give the matter up when accident helped me. I was sitting in the private office one day ■when Mr Chapel, a storekeeper, bounced in. "I say, Brown, he cried, can't I do something to that confounded tramway company ; that new fellow, Smith, the secretary, won't show me the register-" In a moment it flashed through my brain. "He cannot show it you," I said ; "it is there, pointing to an iron safe. Sit down Mr Chapel

while I just look at the Limited Liability Act." Sure enough there was the clause— penalty for not showing the register when demanded, on payment of one shilling, two pounds the lowest fine, twenty pounds* the highest. "All right, Mr Chapel," I said, "if you will come round at ten o'clock to-morrow morning I will go with you and lay an information against the company and take out a summons." I then told him how shabbily the directors had treated Mr C, and our client Avas eager for Avar. When Mr C. came in, I said, "I think the Hotepope and Blackmouth Tramway Company Avill pay your bill in full Avithout taxing." " HoVis that, BroAvn ?" "Why, you have all the books, register included," "Certainly. I was secretary, you knoAV, and Avhen they would not pay my bill I stuck to them. A solicitor has a lien upon all books and documents that come into his hands until that is settled. You know that." I immediately quoted from Byron. " You are the mildest mannered man that CA r er cut a throat," I said. I then told him about Chapel, and observed, "What is to prevent me from taking a dozen felloAvs np to the company's office to see the register they cannot slioav, and then laying a dozen informations. Why, hang it, I could ruin the company in fines. Mr C. opened his mild blue eyes. "BroAvn, you are a genius !" he cried ; "I never should have thought of such a thing." "Nor 1 either," said I, laughing, "but for Chapel. But it Avill be Aery easily managed. Half the miners that ai*e round here have come from the Lakes, and I Avill take a walk down Spree-street to-night and pick up a dozen that will only be too glad to oblige me." Accordingly that night I got a lot of our old digging clients together, and, having explained to them what I wanted, they Avere all delighted at the prospect of some fun, and agreed to meet at our office at ten o'clock the next morning. The moraine arrived, and so did the miners ; and after a mud imbibe I marched them up to the office of the Hotepope and Blackmoiith TraniAvay Company. "Good morning, Mr Smith," I said to the new secretary as I placed a shilling on the table ; ' ' Avill you be good enough to let me see I the register ?" j " And I Avant to see it," said a miner ; " and I," "and I," and the shillings rattled on the table. Mr Smith stared. "What do you mean, BroAvn ?" lie asked. "Want to see the register." "Yes, Avant to see the register," echoed the army. "Why, confound it, you know .very well I can't show it you." " Do you refuse, Mr Smith?" "I do not refuse, but 1 cannot; you knoAV that as Avell as I do. "Very good. Do you tell all these gentlemen the same thing?" "Certainly." "All riglit — good morning. Come on, boys." The informations Avere sAVorn, summonses taken out and made returnable for a certain day ; and on that day the cases were heard lief ore a curtain It.M., who kncAV all about them beforehand. Mr Chapel stated that for reasons of his oavu he Avished to inspect the register of the Hotepope and Blackmouth Trannvay Company. He had called at the office of the company, tendered the orthodox shilling, but had not been shown the register. Mr Pecse, solicitor to the company : "Pray, Mr Chapel, who put you up to laying this information against the company?" "My solicitor." " Who is your solicitor?" "MrC." "Ah, I thought so. You may stand doAvn. Your Worship," continued Mr Peese, "I shall not occupy the time of the bench by any unnecessary arguments, but admit at once that Aye have not shown the register, as the Act in that case made and provided insists that Aye shall do. I Avill only ask your Worship to inflict the lowest tine in your poAver, as there is a neatly-constructed little plot to Avorry the company, which Avill be shoAvn in the cases yet to come before the bench." Judgment, ten pounds and costs. Next case — BroAvn v. Hotepope and Blackmouth TramAvay Company (Limited.) Mr Decimus Brown made his statement simply to the effect that he had asked to see the register and had tendered his shilling, but had not been shoAvn the register. Mr Piesse, rising, and looking Mr Decimus BroAvn strait in the face, "What are you, sir." " A laAv clerk." " Avticlcd or stipendiary ?" "Articled." " Who is your principal ?" "MrC." "Lately returned from Melbourne, have you not, Mr Brown ?" "Yes." "Got .smartened up a bit while you were there, eh?" No answer from Mr B. " Come, come, Mr Brown, avc knoAV all about this little arrangement of laying informations against the company. Your principal, Mr C. Avas formerly solicitor to the company, Avas he not?" "Yes." Yes, of course, he Avas. Noav, Mr Brown, you are a laAv clerk, and knoAV full Avell the responsibility of an oath, and the right to ansAver under cross-examination. Where, sir, is the register of the "Hotepope and Blackmouth Trannvay Company" (limited) at the present moment, to the best of your knoAvledge and belief ? "In the iron safe in Mr C.'s office in Campstreet." And you knew this Avhen you caused the present informations to be laid ? "Yes." 1 "You are a A r aluable clerk. Mr Brown." "Mr C. has made the same remark." "You may stand down, sir." May it please your Worship, I have here a very difficult case to contend with. My client,

the "Hotepope and Blackmouth Company" <limited,) is in a difficulty. The promoters of this company are good and legitimate men well known in this town. The directors of the company are likewise so. They consider that Mr C. their appointed solicitor, at the time the Articles of Agreement of the company were •drawn, has broken faith with them, inasmuch that he agreed, not having any private legal practice worth mentioning to become their secretary, and he certainly Avas to receive some ■shares for his services — but he suddenly ceased to render those services, broke the contract, in fact, put the company to great inconvenience "by retaining the books, amongst them the register, which he has no more right to do than if it belonged to a ship, and sends into the company a bill of costs that really, " I hope I •am a tolerably modest man." Here Mr Peese tried to look like one and failed. I never in all my professional career saw anything to equal it, and because the company will not pay this gigantic imposition — poor C.'s mild bill— oh, if I had made it out — he, the late secretary to the •company retains the books, papers, documents, &c. &c, and his smart clerk Mr Brown, having got a little fresh polish in Melbourne (which I Avill do the gentleman the justice to say he did not require) hits upon the splendid idea of badgering the company into paying this bill, and when that is done we may get our register. I am aware perfectly avoll that Aye are helpless, but there is such a thing as an action for damages for malicious prosecution. There are tAvelve more cases of a similar nature coming before your Worship, and I Avill ask the Bench to make the case of cleA'er Mr Brown's the test case. I daresay it is good fun for all these miners I see here today ; but I think they would be much better employed shovelling tailings. I shall offer no defence to the cases that are to be heard, and doAvn he sat. •Dear old R.M. Hoav many love him — lioav few dislike him. He could not help himself ; he inflicted the loAvest fine in each case— t.AVO pounds and costs. This little affair cost the company about fifty pounds. I marched my retainers to the Club Hotel for luncheon, after which I said, " Come on, boys, let us go and haA'e another look at the register." They roared ! and up Aye Avent. They saAV us coming, so Aye camped on the drift wood on the beach. " Light your pipes, boys ; Ave'll smoke them out." Presently Mr Smith came out. " BroAvn," saul he (slightly choking with a laugh), "if you Avill take your men aAvay I am instructed by the directors to say that Mr C.'s bill of costs shall be paid to-morroAv morning." " Good," I said, "A'amos the ranch, boys." Next day Mr Smith came to our office and paid Mr C.*'s bill in sovereigns. I admired my old principal, when Smith said — "Now, sir, I Avill trouble you for the books of the company." The mild blue eyes of my chief looked even niore mild than usual, as he .said quietly — "Yes; oh, yes. But my shares." "Why," said Mr Smith, "you knoAV perfectly Avell that you cannot keep' the books of the company for that claim." " No," said Blue Eyes, "but, Mr Smith, I am a laAvyer, and the company Avill be obliged to summon me for illegal detention of their books, and I can shoAV cause. In the mean time (and the blue eyes looked so clear) Mr BroAvn can bring so many. I think I had better get my shares fortlnvith." " I think I had," said Smith. He did. That .afternoon lie said, " Noiv 1 Avill trouble you for the books, etc." " Certainly. Mr BroAvn Avill you make them up, and be particular about the register oi: the company." My dear mild old chief. I never respected him so much as I did at that time. No bully, simply chamber practice. He boAved, Smith boAved the best bmv he had on hand, 1 smiled my SAveetest smile. When avc got into the outer office, I said, "Come and have a bitter, Smith." Smith came. " No animosity betAveen you and I, Smith." I Anil freely admit that this descendant' of the Smith family is a sensible man. "No," he said, " I only wish I had had your ■chance."