CHAPTER XVI.

SHORT ON LEGAL ETIQUETTE.

“Well, Meeson, what is it? Have you come to ask me to lunch?” asked Mr.

John Short. “Do you know I actually thought that you might have been a

client.”

“Well, by Jove, old fellow, and so I am,” answered Eustace. “I have

been to your brother, and he has sent me on to you, because he says

that it is not the etiquette of the profession to see a client unless a

solicitor is present, so he has referred me to you.”

“Perfectly right, perfectly right of my brother James, Meeson.

Considering how small are his opportunities of becoming cognizant with

the practice of his profession, it is extraordinary how well he is

acquainted with its theory. And now, what is the point?”

“Well, do you know, Short, as the point is rather a long one, and as

your brother said that he should expect us at two precisely, I think

that we had better take the ‘bus back to the Temple, when I can tell

the yarn to both of you at once.”

“Very well. I do not, as a general rule, like leaving my office at this

time of day, as it is apt to put clients to inconvenience, especially

such of them as come from a distance. But I will make an exception for

you, Meeson. William,” he went on, to the counterpart of the Pump-court

infant, “if anyone calls to see me, will you be so good as to tell them

that I am engaged in an important conference at the chambers of Mr.

Short, in Pump-court, but that I hope to be back by half-past three?”

“Yes, Sir,” said William, as he shut the door behind them: “certainly,

Sir.” And then, having placed the musty documents upon the shelf,

whence they could be fetched down without difficulty on the slightest

sign of a client, that ingenious youth, with singular confidence that

nobody would be inconvenienced thereby, put a notice on the door to the

effect that he would be back immediately, and adjourned to indulge in

the passionately exhilarating game of “chuck farthing” with various

other small clerks of his acquaintance.

In due course, Eustace and his legal adviser arrived at Pump-court,

and, oh! how the heart of James, the barrister, swelled with pride

when, for the first time in his career, he saw a real solicitor enter

his chambers accompanied by a real client. He would, indeed, have

preferred it if the solicitor had not happened to be his twin-brother,

and the client had been some other than his intimate friend; but still

it was a blessed sight—a very blessed sight!

“Will you be seated, gentlemen?” he said with much dignity.

They obeyed.

“And now, Meeson, I suppose that you have explained to my brother the

matter on which you require my advice?”

“No, I haven’t,” said Eustace; “I thought I might as well explain it to

you both together, eh?”

“Hum,” said James; “it is not quite regular. According to the etiquette

of the profession to which I have the honour to belong, it is not

customary that matters should be so dealt with. It is usual that papers

should be presented; but that I will overlook, as the point appears to

be pressing.”

“That’s right,” said Eustace. “Well, I have come to see about a will.”

“So I understand,” said James; “but what will, and where is it?”

“Well, it’s a will in my favour, and is tattooed upon a lady’s neck.”

The twins simultaneously rose from their chairs, and looked at Eustace

with such a ridiculous identity of movement and expression that he

fairly burst out laughing.

“I presume, Meeson, that this is not a hoax,” said James, severely. “I

presume that you know too well what is due to learned counsel to

attempt to make one of their body the victim of a practical joke?”

“Surely, Meeson,” added John, “you have sufficient respect for the

dignity of the law not to tamper with it in any such way as my brother

has indicated?”

“Oh, certainly not. I assure you it is all square. It is a true bill,

or rather a true will.”

“Proceed,” said James, resuming his seat. “This is evidently a case of

an unusual nature.”

“You are right there, old boy,” said Eustace. “And now, just listen,”

and he proceeded to unfold his moving tale with much point and

emphasis.

When he had finished John looked at James rather helplessly. The case

was beyond him. But James was equal to the occasion. He had mastered

that first great axiom which every young barrister should lay to

heart—“Never appear to be ignorant.”

“This case,” he said, as though he were giving judgment, “is,

doubtless, of a remarkable nature, and I cannot at the moment lay my

hand upon any authority bearing on the point—if, indeed, any such are

to be found. But I speak off-hand, and must not be held too closely to

the _obiter dictum_ of a _viva voce_ opinion. It seems to me that,

notwithstanding its peculiar idiosyncrasies, and the various ‘cruces’

that it presents, it will, upon closer examination, be found to fall

within those general laws that govern the legal course of testamentary

disposition. If I remember aright—I speak off-hand—the Act of 1. Vic.,

cap. 26, specifies that a will shall be in writing, and tattooing may

fairly be defined as a rude variety of writing. It is, I admit, usual

that writing should be done on paper or parchment, but I have no doubt

that the young lady’s skin, if carefully removed and dried, would make

excellent parchment. At present, therefore, it is parchment in its

green stage, and perfectly available for writing purposes.

“To continue. It appears—I am taking Mr. Meeson’s statement as being

perfectly accurate—that the will was properly and duly executed by the

testator, or rather by the person who tattooed in his presence and at

his command: a form of signature which is very well covered by the

section of the Act of 1. Vic., cap. 26. It seems, too, that the

witnesses attested in the presence of each other and of the testator.

It is true that there was no attestation clause: but the supposed

necessity for an attestation clause is one of those fallacies of the

lay mind which, perhaps, cluster more frequently and with a greater

persistence round questions connected with testamentary disposition

than those of any other branch of the law. Therefore, we must take the

will to have been properly executed in accordance with the spirit of

the statute.

“And now we come to what at present strikes me as the crux. The will is

undated. Does that invalidate it? I answer with confidence, no. And

mark: evidence—that of Lady Holmhurst—can be produced that this will

did not exist upon Miss Augusta Smithers previous to Dec. 19, on which

day the Kangaroo sank; and evidence can also be produced—that of Mrs.

Thomas—that it did exist on Christmas Day, when Miss Smithers was

rescued. It is, therefore, clear that it must have got upon her back

between Dec. 19 and Dec. 25.”

“Quite so, old fellow,” said Eustace, much impressed at this

coruscation of legal lore. “Evidently you are the man to tackle the

case. But, I say, what is to be done next? You see, I’m afraid it’s too

late. Probate has issued, whatever that may mean.”

“Probate has issued!” echoed the great James, struggling with his

rising contempt; “and is the law so helpless that probate which has

been allowed to issue under an erroneous apprehension of the facts

cannot be recalled? Most certainly not! So soon as the preliminary

formalities are concluded, a writ must be issued to revoke the probate,

and claiming that the Court should pronounce in favour of the later

will; or, stay, there is no executor—there is no executor!—a very

important point—claiming a grant of letters of administration with the

will annexed: I think that will be the better course.”

“But how can you annex Miss Smithers to a ‘grant of letters of

administration,’ whatever that may mean?” said Eustace, feebly.

“That reminds me,” said James, disregarding the question and addressing

his brother, “you must at once file Miss Smithers in the registry, and

see to the preparation of the usual affidavit of scripts.”

“Certainly, certainly,” said John, as though this were the most simple

business in the world.

“What?” gasped Eustace, as a vision of Augusta impaled upon an enormous

bill-guard rose before his eyes. “You can’t file a lady; it’s

impossible!”

“Impossible or not, it must be done before any further steps are taken.

Let me see; I believe that Dr. Probate is the sitting Registrar at

Somerset House this sittings. It would be well if you made an

appointment for to-morrow.”

“Yes,” said John.

“Well,” went on James, “I think that is all for the present. You will,

of course, let me have the instructions and other papers with all

possible speed. I suppose that other counsel besides myself will be

ultimately retained?”

“Oh! that reminds me,” said Eustace; “about money, you know. I don’t

quite see how I am going to pay for all this game. I have got about

fifty pounds spare cash in the world, and that’s all: and I know enough

to be aware that fifty pounds do not go far in a lawsuit.”

Blankly James looked at John and John at James. This was very trying.

“Fifty pounds will go a good way in out-of-pocket fees,” suggested

James, at length, rubbing his bald head with his handkerchief.

“Possibly,” answered John, pettishly; “but how about the remuneration

of the plaintiff’s legal advisers? Can’t you”—addressing

Eustace—“manage to get the money from someone?”

“Well,” said Eustace, “there’s Lady Holmhurst. Perhaps if I offered to

share the spoil with her, if there was any.”

“Dear me, no,” said John; “that would be ‘maintenance.’”

“Certainly not,” chimed in James, holding up his hand in dismay. “Most

clearly it would be ‘Champerty’; and did it come to the knowledge of

the Court, nobody can say what might not happen.”

“Indeed,” answered Eustace, with a sigh, “I don’t quite know what you

mean, but I seem to have said something very wrong. The odds on a

handicap are child’s play to understand beside this law,” he added

sadly.

“It is obvious, James,” said John, that, “putting aside other matters,

this would prove, independent of pecuniary reward, a most interesting

case for you to conduct.”

“That is so, John,” replied James; “but as you must be well aware, the

etiquette of my profession will not allow me to conduct a case for

nothing. Upon that point, above all others, etiquette rules us with a

rod of iron. The stomach of the bar, collective and individual, is

revolted and scandalised at the idea of one of its members doing

anything for nothing.”

“Yes,” put in Eustace, “I have always understood they were regular

nailers.”

“Quite so, my dear James; quite so,” said John, with a sweet smile. “A

fee must be marked upon the brief of learned counsel, and that fee be

paid to him, together with many other smaller fees; for learned counsel

is like the cigarette-boxes and new-fashioned weighing-machines at the

stations: he does not work unless you drop something down him. But

there is nothing to prevent learned counsel from returning that fee,

and all the little fees. Indeed, James, you will see that this practice

is common amongst the most eminent of your profession, when, for

instance, they require an advertisement or wish to pay a delicate

compliment to a constituency. What do they do then? They wait till they

find £500 marked upon a brief, and then resign their fee. Why should

you not do the same in this case, in your own interest? Of course, if

we win the cause, the other side or the estate will pay the costs; and

if we lose, you will at least have had the advantage, the priceless

advantage, of a unique advertisement.”

“Very well, John; let it be so,” said James, with magnanimity. “Your

cheques for fees will be duly returned; but it must be understood that

they are to be presented.”

“Not at the bank,” said John, hastily. “I have recently had to oblige a

client,” he added by way of explanation to Eustace, “and my balance is

rather low.”

“No,” said James; “I quite understand. I was going to say ‘are to be

presented to my clerk.’”

And with this solemn farce, the conference came to an end.

Mr. Meeson's Will · 第 16 / 23 章