« EelmineJätka »
THE BENCH AND THE BAR. The Vice-Chancellor did not originate, but he does not information than he could possibly himsell possess as to
object to, the proposal. I await bis Lordsbip's views those members of the Bar who were best qualified and on the subject.
the most eligible for promotion to the Bench, or to fill THE TRANSLATION OF SIR ROBERT The Right Hon, the Lord Chief Justice Bovill.
A particular vacancy; and I am satisfied that such con. COLLIER.
I do not intend to publish our correspondence, but fidential communications were very advantageous to
reserve my right to refer to it in making any explana- | the public service. On the several occasions of the reIn obedience to an order made by the House of tions.
moval of Sir Montague Smith from tbe Court of Com. Lords, on the motion of Lord Stanhope, the cor. THE LORD CHIEF JUSTICE OF THE COMMON PLEAS TO mon Pleas to the Frivy Council, of the appointment of respondence between the Lord Chief Justice of
THE LORD CHANCELLOR,
Sir R. Collier as a Judge of the Common Pleas, and of England and the Lord Chancellor upon the Coombe Wood, near Kingston, 16th Dec. 1871. his subsequent removal to the Privy Couucil, and of appointment of Sir Robert Collier to the Judicial ing to your letter until to-cay.
Dear Lord Chancellor,--I have been prevented reply. the subsequent appointment of Mr. Justice Grove, I Committee of the Privy Council, was published on
I can truly say that it never received the slightest communication, direct or
was equally painful to me to write the letter which I indirect, from your lordship upon the subject of the Saturday.
addressed to your Lordship, as it could have been to changes in the constitution of the court over which I This correspondence originally appeared in the you to receive such a letter from me.
have the honour to preside ; nor was any intimation Times, and need not therefore be repeated. In the Until the correspondence with the Lord Chief Justice made to me by your lordship as to the nature or object official return is, however, comprised the following
was published, though feeling strongly upon tbe sub- of Sir R. Collier's appointment, or that it was to be a correspondence between the Lord Chief Justice of ject, I did not consider myself called upon to express merely nominal and temporary appointment. It seems the Common Pleas and the Lord Chancellor,
my opinion officially; but when that correspondence to me also that a letter was a more suitable occasion
was made public I felt that I, as Lord Chief Justice of than a debate in Parliament for a few words of explana. together with an opinion from Mr. Justice Willes :
the Court tbrough which Sir Robert Collier had been tion on this part of the subject. THE LORD CHIEF JUSTICE OF THE COMMON PLEAS appointed to the Judgeship in the Privy Council, could Your Lordship has been good enough to inform me TO THE LORD CHANCELLOR.
pot, consistently with my position, and froin what I of your intentions with respect to the vacant judgeship Coombe Wood, near Kingston, 9th Dec. 1871.
kuew to be the general opinion upon the subject, any in the Court of Queen's Bench, and I have no hesitation My dear Lurd Chancellor, -Having seen a copy of the give any explanations at the present time in answer to longer remain silent. Your Lordabip bas declined to iu expressing my opinion, not only as to the propriety,
but the actual necessity, of filling up the vacancy ir correspondence which has passed between the Lord
the Lord Chief Justice's letter, beyond stating your that court; but cousidering the various duties of the Chief Justice, Mr. Gladstone, and yourself, on the subject of the appointinent of Sir R. Collier to a judgeship both its fitness and its legality, and at the same time conviction that the arrangement was justified as regards
Common Law Judges, and the arrangements wbich
have to be made among themselves for discharging in the Privy Council, I feel hound, as the bead of the stating
that you bad acted advisedly and were
prepared those duties with
regularity (and wbich no one who is Court of Common Pleas (which was made use of on that occasion), to state that I entirely concur in the views
to vindicate the course pursued, but reserving your not acquainted practically, with these matters can pro
The fitness of perly appreciate), I shall consider such a scheme as you which the Lord Chief Justice has so well and forcibly explanations, in effect, for Parliament. Sir R. Collier and the l-gality of the appoiutment were
have suggested (of adding the duties of the Judge of expressed upon the subject. I must also add that when the appointment of Sir R.
not the points of the Lord Chief Justice's objections, Bankruptcy) wholly impracticable; and I venture to Collier as a Judge of the Common Pleas was made, if, as and to those objections no explanution was offered or
dissuade you from attempting it, even if such an apnow appears to have been the case, it was intended that suggested by your Lordsbip.
pointment should come within tbe meaning of the last such appointment should not be a real permanent
After such a reply to the Lord Chief Justice, I had Bankruptcy Act, which I have not had an opportunity no right to ask, nor could I neve expected, any further
of considering. appointment, but merely as a qualification for another explanation from your Lordship, and I, like the rest
You can use this correspondence in any way you ottice, I think some communication to that etfect might of the Profession and the public, was left to form my
think proper, and I reserve to myself the same liberty, and should have been made to me as the head of that court.
own opinion upon the subject. That opinion was that though I have no present intention of publishing any I can only express my great regret that a little more
the manifest aud expressed intention of the Legislature part of it. condence does not exist between the Lord Chancellor was tbat the new Judges of the Privy Council should
Believe me to remain, yours very faithfully, and the chiefs of the Common Law Courts with respect be men of tried judicial experience, and tbat this had
WIDLIAM BOVILL. to appointments in those Courts, more especially when
been clearly indicated, not only by the language of the The Right Hon. the Lord Chancellor. I remember that on the first day of last Terun I alluded
statute itself, but by the debates in Parliament. It THE RIGHT Hox. MR. JUSTICE WILLES TO THE LORD to the filling up of the vacancy in the Common Pleas, Justice, and to 'almost everyone both in and out of the appeared to me, therefore, as it did to the Lord Chief
CHANCELLOR. and it now appears tbat at that very time Sir R. Collier had gone down to Balmoral with a view to his appoint that the appointment of Sir R. Collier, though it might Profession to whom I have spoken upon the subject,
Otterspool, Watford, 5th Feb. 1872.
My dear Lord Chancellor,--I have no objection to ment.
your stating or reading anywhere my views of the I have further to state to you officially that the delay its spirit and to the iutention of the Legislature, and appointment of Sir Robert Colliers in filling up the vacancy in the Common Pleas and the pot filling up the vacant appointmeut in the Queen's that it was in that sense, and in that seuse only, an
1. The appointment was legal, and within the terms
of the statute. evasion of the statute. Bench have prevented the Court of Exchequer Chamber
2. “Evasion" of the law, by appointing a fit mas continuing its sittings in error, and produced a serious pointments are understood to bave beeu offered in the Considering who the Judges were to whom the ap.
according to the law, is a "sensational" expression. arrear of cases in that Court, in fact, such an arrear as I do not remember to have ever before occurred. first instance, it would seem as if your Lo dslip had suficiently considered the terms of the Act, but it was
The appointment may have surprised tbose who had not I need scarcely add that my letter bas no reference to at first a ted upon the same view of the intention of
no evasion of the Act. Sir R. Collier personally, for his merits and his claims the Legislature.
3. Whether Parliament was surprised into rassing to bigb judicial office have never been questioned.
The appointment of Sir R. Collier as a Judge of In conclusion, I bez to assure you that it is with very the Common Pleas, not with the real object of his ful
the Act by any suppression, for which its framers are
auswerable, is a political question with which I decline great pain and regret that I have felt myself compellei, filling the duties of that position, but simply for the
to inedale. Parliament must decide that for itself. as Chief Justice of the Common Pleas, to aldre:g this purpose of clothing him with a qualification which be
4. I had nothing to do with the Lord Chief Justice's letter to your Lordship, for whom I have always enter
did not otherwise possess, also seemned to me, as it did tained the highest esteem and regard. to the Lord Chief Justice, to be a mere colourable
letter to the pewspapers, or the correspondence then
published. I do not agree to the legal oi jections there And believe me, yours very truly,
appointinent so far as the Common Pleas was con.
suggested. I much regret that the judge's opinions WM. BOVILL.
office, THE LORD CHANCELLOR TO THE LORD CHICF I also could not help feeling that l»y the arrangements
5. The practical objection is to the statute itself, for JUSTICE OF THE COMMON PLEAS. which were made a slight had been passed upon other
not providing a sufficient inducement to the judges to 31, Great George-street, S.W., 12th Dec. 1871. members of the Bench, and which I was sure was
accept the office, because of making no prorision or Dear Lord Chief Justice Bovill,
compeasation for their existing staff.
Upon this --Your letter did keenly felt. indeed pain me, becanse I did not think you would I cannot consider that I am fairly open to the obser
ground I thought from the beginnning that the framers follow the course of the Lord Chief Justice of Eng. vation of condemning your lordship without an oppor
of the Act must have contemplated the appointment of
Sir Robert Collier or some other newly-appointed judge, land. tuuity of your being heard, especially when you reserved
in the event of judges of older stavding declining the He has pronounced, and as you say, "forcibly ex. your explanation for Parliament, thus selecting a time pressed," a very elaborate condemnation of Mr. Glaci. and place when aud where no reply could be offered by general impression, though I believe that no lawyer
office. It is now, however, clear that this was not tbe stone's conduct, without even asking for an expla
either the Lord Chief Justice or myself. nation, anl you how, in like mauuer, condemn me Your lordship has construed my expression of regret
upon an impartial construction of the Act could prounheard. at the absence of confidence towards the chiefs of tbe
nounce the appointment to be other than lawful. I waive all question as to the right of the Lord Chief Common Law Courts as a charge of discourtesy. I
Probably you will prefer reading tbis letter directed
to yourself, instead of that written to Sir Robert Justice of censuriog, ex cathedra, the Executive Go- freely acknowledge, as every one I think must do, your Collier, which, though in effect and substance the vernment, and pronouncing judgment without citation general courtesy and kindness, and I have always been
same, may contain expressions too lively for public or hea'ing, but I felt strongly the impropriety of either proud of enjoying your friendship and intimacy; but
reading, an end not thought of at its writing.--Yours Mr. Gladstone or myself entering into au uuseemly these have only made the absence of all confidence in
J. S. WILLES.
faithfully, contest with the Lord Chief Justice of Englaud, aud our official relations the more painfully apparent. There declined doing more than state that I was prepared to was a time when the Lord Chancellor though it right to
The Lord Chancellor, &c., &c. justify the matter complained of, at a fitting time. I communicate confidentially with the heads of the Com.
DATES OF APPOINTMENTS. think that such explanation, it given at all, should be in
mon Law Courts with respect to the arrangements and The letters patent appointing Sir Robert Collier 3 Parliament.
the changes and appointments in their respective courts, judge of the Court of Common Pleas are dated 7th Nov., I would not, therefore, allow myself to be tempted and in that way he became not only better acquainted 1871. even by the assumption of the Lord Chief Justice that with any special requirements in the constitution of the The Royal Warrant appointing him a paid member of general indignation existed on the part of the Bench and courts, but ulso (without the slightest iuterference with the Judicial Committee of the Privy Council, is dateri Bar, to dispute any one of his propositions.
his selection of a judge) usually obtained much better the 22nd Nov. 1871. As regards ourselves, I feel in like manner that nothing would be more unseemly thau a public altercation between two persons holding our respective
MAGISTRATES' LAW. offices.
I am surprised that, after reading my letter (for you say you have read the correspondence), you could
1. OROUGH QUARTER SESSIONS.
What notice of
Clerk of the Pease. entitled so to do, have sought an explanation from
appeal to be given. me of tbat which you seem so long to have condemned.
Berwick-on-Tweed Friday, April 5
W. T. Greenhow, Esq... 5 days
S. Sanderson. You have preferred to follow the Lord Chief Justice's
H. T. Sankey. example in cudemning the couduct of Goverument
J. H. Barker. withont a hearing.
E. Titchener. In that state of the case, I think it useless to explain
E. Drew. that upon which you have already decided. For the
F. F. Girand. same reason I waive for the present my reply to other
C. Bulmer. matters of detail referred to in your letter.
R. Clarke. With respect to such matters I will only say that Wigan
Wednesday, April 24 J. Catterall, Esq.
T. Heald. am not aware of any wilful discourtesy or want of confidence on my part towards all or any of the judges. On
NOTES OF NEW DECISIONS.
larceny: (Reg. v. Bailey, 25 L. T. Rep. N. S. 882 the contrary, I hai thought till lately that I had lived on such terms of intimacy and friendship with them all
LARCENY-STEALING A COUNTY COURT WAR. Cr. Cas. Res.) that it would not, at least still after ample opportunity RANT-24 & 25 Vict. c 96, s. 30.-A judgment of explanation given, be judicially determined that I had debtor whose goods had been levied upon, and
AN EVENING BEVERAGE Caca'OISE. - The Food been gnilty of colourable evasion” in any act, public or were in possession of a County Court bailiff, under Journal says :-By a new process to which the
nibs are private, of my life. Yours faithfully,
an execution, forcibly took the warrant from the subjected, the principal part of the oil is effectually HATHERLEY.
bailiff and turned him out of possession, in the removed; a thin beverage, well adapted for afternoon P.S.-With reference to an eighteenth judge, the belief that it was the actual possession of the war. or eveving use, as a substitute for tea, being the result. pointment of a judge to the Court of Queen's Bench is rant alone which entitled the bailiff to remain in
The flavour of Caca'oine will, in addition, be a great delayed till I hear from the Lord Cbief Justice, in
Each packet or tin is labelled, that the new jndge should undertake bankruptcy, the warrant was for a fraudulent purpose, and a felony Also makers of Epps's Milky Caca'oine (Caca'oine and
attraction to all." possession. Held, that such taking away of the answer to a letter I sent to him last week, proposing
“JAMES EPPs & Co., Homeopathic Chemists, London.", Vice-Chanceller's court in equity being heavily pressed. within the 24 & 25 Vict. c. 96, s. 30, but not a Condensed Milk.)
REAL PROPERTY AND Amount of debt is £14 2s. The goods were suc. its effect is to preserve to the servant the proCONVEYANCING.
plied on a written order. I was served with a tection against a sudden dismissal which he
summons in a previous action in this court. I would have had under any other contract of NOTES OF NEW DECISIONS.
entered an appearance in person, and gave notice hiring, and to deprive the master, at the LANDLORD AND TENANT-OUTGOING AND IN. to plaintiff's attorney at his office. That action same time, of the protection which he would COMING TENANT-CUSTOM OF THE COUNTRY.
was quashed. This is an action for the same have had, under any other contract of hiring, By custom of the country the outgoing tenant debt. In the first action I saw plaintiff's clerk at against
a sudden desertion of the service by the looks for payment of tillages and straw left on the Cannon-street, I said, “ I am prepared to pay the servant. It is not uncommonly supposed that the premises to the landlord, and the landlord looks debt less your costs and 88. struck off." The servant, if he leaves without notice, between one to the incoming tenant in return. The outgoing clerk said, “ Why not our costs ?" I said, “Never pay day and another, forfeits all accruing wages. tenant being about to give up a farm in favour of mind; there is the appearance.” That offer was I will notice this point presently; but, even the defendant, two valuers were nominated to refused. This action was then brought.
assuming this to be the rule, it is clear that it value the amount to be paid by the defendant. Morgan Howard submitted that this was not affords no protection to the master against the After the defendant had come into possession, the sufficient to give the court jurisdiction. The offer servant leaving, as in the present case, on the day outgoing tenant not having paid his rent, the to pay was only conditional, and could not be of payment, after receiving the wages due. The landlord requested the defendant to pay the said to amount to a promise to pay. Further, if custom, therefore, if it were as I have suggested, amount of the valuation to him, which he did. In it was a promise, it was without any considera- and as it appears to be sometimes assumed, would an action brought by outgoing against incoming tion.
destroy the mutuality as to notice, which exists tenant to recover the value of acts of cultivation The DEPUTY RECORDER said that it was the under all ordinary contracts of hiring, and could, performed by the former : Held, that a valuation case of an account stated and an acknowledgment in the case of a menial servant, make such notice being made between the incoming and outgoing of indebtedness by the defendant. A letter or compensation compulsory upon one of the tenants was not sufficient to create a contract posted, or anything done within the city which parties orly. Such a custom, I confess, seems to between them to the exclusion of the landlord's could be taken to be a promise to pay or an ad.
so utterly unreasonable on the face of it, rights; and that no such privity of contract mission of the debt, gave jurisdiction to the court. that I doubt whether it ought to be admitted as a existed between the parties as to enable the out. He did not think that, looking at the matter custom at all. But, at all events, its unreason. going tenant to sue the defendant: (Stafford v. equitably, he could refuse to exercise jurisdiction. ableness affords strong grounds for rejecting it in Gardner, 25 L. T. Rep. N. S. 876. C. P.)
Howard applied for leave to move or to appeal, favour of the custom which is more generally sup. LANDLORD AND TENANT - EXCESSIVE Dis. but was refused.
posed to exist, and which is properly reasonable, TRESS.—The plaintiff was the tenant of a house,
namely, that neither servant nor master can ter
minate the hiring without either notice or compen. in respect of which rent became due to the amount
MARYLEBONE COUNTY COURT. of £9. The defendant, who was the landlord,
sation. I may observe, that in Turner v. Robinson. issued a distress warrant, whereby he claimed
Wednesday, Feb. 7.
(14 M. &W.112), which was an action by a domestic £18 for arrears of rent, and seized £100 worth of (Before Thos. E. M'TAGGART, Esq.)
servant against a master for dismissal without gools on the premises. The rent justly payable
notice, the declaration alleged, and, as far as my
ABDOOLLAH 1. FOSTER. vas tendered, with costs, but the defendant Master and servant-Right of the master to re.
experience goes, the declaration always alleges, declined to receive the same, and remained in
that either party agreed to give a month's notice possession until an undertaking was given on
cover against the servant who leaves without to the other before terminating the hiring ; and that
notice. behalf of the plaintiff for payment of the whole His Honour.--The defendant in this case was
is some evidence that that is tte customary condi.
tion. And if it be, as, for the above reasons, I hold it sum claimed, part of which, viz., £275.
was then hired by the plaintiff as a menial servant, to be, it seems to me simply absurd to say that the actually paid, whereupon the distress was with. drawn. The plaintiff bronght an action against duration of the hiring, or as to notice on either liability, though the breach of it by the master does.
no express contruct being made as to the breach of the condition by the servant involves no the defendant, declaring for an excessive distress,
side. and upon the common money counts. It appearing
The wages were payable quarterly, on Whether the measure of damages in an action for at the trial that all the goods in the house had the day, on which the quarter's wages were terminating the hiring without either notice or
due. been assigned to trustees, one of whom resided at once quitted the service, without notice. No more doubtful. It is not, on the face of it, abso,
The defendant received them, and then payment is the same in both cases, seems to me with the plaintiff, on trust for the wife of the other misconduct on her part, and no illtreat- lutely unreasonable that the compensation and plaintiff, who also lived with her husband in the ment by the master
leaving without the damages for not paying it, should be liquidated house, the plaintiff was nonsuited. A rule having notice is alleged. The plaintiff now sues for the in the one case, and unliquidated in the other. been obtained for a new trial, on cause shown: amount of a month's wages by way of compensa- But I think that the more reasonable construction Held that the enjoyment of the use of the goods tion for the defendant having quitted the service certainly is that the custom fixes at the same time gave the plaintiff a special property in them which without notice or payment of a month's wages; the extent both of the master's and the servant's entitled him to maintain the action formally and the question which I have to decide is whether rights and remedies, and makes the amount of a alleging them to be his goods, although he was neither the legal nor the equitable owner : (Fell v.
that amount, or any amount, is recoverable upon month's wages the price at which either party is Whittaker, 25 L. T. Rep. N. S. 880. L. and H., JJ.) whether it lies at all, either for the amount of a that ground. Such an action is not common; and at liberty to terminate the contract, and the
amount of damages to which either is liable for month's wages, or for any amount, is a point terminating it without paying that price. It is
upon which there seems to be a difference of not necessary, however, to decide this point in the MARITIME LAW.
opinion, and which has never been directly present case, because I am of opinion that the
decided in the courts at Westminster. The diffi. month's wages claimed here is an amount which NOTES OF NEW DECISIONS. culty in the way of an express decision is that it certainly does not represent more than the actual COLLISION — COMPULSORY PILOTAGE – BUR- must turn, not upon an abstract rulo of law, but damage and inconvenience caused to the plaintiff DEN OF PROOF-Costs.-In a cause of damage upon what is as a matter of fact the custom en by the defendant, and that he is therefore entitled by collision, where the defence relied upon is com grafted in the case of menial servants upon the to recover that amount. I have already adverted pulsory pilotage only, and the defendants prove ordinary contract of hiring, where no express to the question whether a domestic servant who that the vessel was in charge of a licensed pilot conditions are made to the contrary. Under an or. leaves without notice forfeits all wages the day of by compulsion of law, and that he gave orders for dinary contract of hiring, when the service is not payment for which has not arrived. Upon this the purpose of avoiding the collision, and that menial, it seems clear that either party is liable to point also there is a difference of opinion. My these orders were obeyed, and here the plaintiffs the other in damages for terminating the service, own opinion is that he does not, unless the leaving seek to show that the collision was due to the without lawfui cause, before the stipulated without notice is preceded or accompanied by defective steering power of the defendants' vessel, period of hiring, or, where the hiring is made misconduct, or is brought about by his being dis. it lies upon the plaintiffs to prove such defective determinable, either expressly or by implica- charged without notice for misconduct. In either steering power by substantive evidence. Defen- tion upon a specified or a reasonable notice of these cases there is a breach of the implied condants in a cause of damage, who rely at the for determining it without such notice. The dition that he shall serve faithfully up to the hearing upon the defence of compulsory pilotage damages would vary with the circumstances, but time of leaving. He has, therefore, not done all only, and succeed in this point, but whose plead. it has never been contended that the rights and things necessary to enable him to claim for his ings raise other issues which are not proved, are remedies of the employer and the employed, as services. Whether he forfeits the accruing wages not entitled to their costs : (The Livia, 25 L. T. regards the putting an end to the hiring, are not by merely quitting without notice depends upon Rep. N. S. 887. Adm.)
mutual. Under a contract of hiring of a menial the question which I have already treated, namely, SALVAGE - JURISDICTION - MERCHANT SHIP servant, in the absence of any special condition to whether custom has fixed the precise amount which PING ACTS.-The jurisdiction in salvage cases tho contrary, there is this custom undoubtedly he is to pay or forfeit for so quitting, as it has the where the value of the property saved is under engrafted upon the general contract of hiring, acount which the master must pay if he discharges £1000, taken away from the High Court of that the master is at liberty to terminate the him at once. If custom permits, as part of the Admiralty by the Merchant Shipping Act 1854 hiring either by a month’s notice, or, without such contract, that the servant may, like the master, (17 & 18 Vict. c. 104), s. 460, and the Merchant notice, by paying the amount of a month's wages free himself from the condition as to notice by Shipping Amendment Act 1862 (25 & 26 Vict. c. in addition to the wages pro ratâ up to the time payment of a stipulated sum, he commits no 63) s. 49, is restored to that court by the County of dismissal. And if he dismisses (except for law. breach of contract by quitting at once upon such Courts Admiralty Jurisdiction Aet 1868 (31 & 32 ful cause) without such notice and without such payment, and is therefore entitled to the balance, Vict c. 71): (The Empress, 25 L. T. Rep. N. S. 885. payment, the servant can recover addition to if any, of the wages accruing up to the time of Adm.)
any wages accrued up to the time of dismissal, his leaving. If on the other hand, he is, as to the month's wages (and only that amount) by way notice, simply in the position of a non-domestic
of damages for being so dismissed without the servant, and therefore liable to unliquidated COUNTY COURTS.
stipulated compensation. What, on the other damages for quitting without notice, he cannot
hand, are the rights and obligations of the servant claim in such case for the broken period between LORD MAYOR'S COURT.
by custom as to terminating the service on his one pay day and anothor, beca!se it is not part of Wednesday, Feb. 14.
part? Is he, like the master, bound to give a his contract that he may get rid of the condition (Before the DEPUTY RECORDER (T. Chambers, month's notice ? And if he leave without it, is he in it as to notice by payment of a stipulated sum; Esq., Q.C.)
bound to pay or forfeit the amount of a month's and his breach of the condition is fatal to his
wages by way of compensation to his master, or claim for accruing wages under the contract of Duck v. LUCK.
to pay that amount by way of damages if he leave which it forms part. If this view be correct, it Jurisd c'ion-Conditional offer to pay-Held a without either notice or payment? Now, unless seeems to me to afford another reason, on the promise to bring the defendant within the juris. he be liable to pay, in the one form or the other, ground of reasonableness, for holding that custom, diction.
some compensation for leaving without notice, the in order to prevent the contract of hiring of a Kemp for plaintiff ; Morgan Howard for defen- custom comes, practically, to this, that the ser. menial servant from binding too stringently either
vant may leave without any notice; that notice is master or servant, fixes an amount upon payment This was a claim for goods sold and delivered. not a condition in the contract so far as he is con. of which either party may terminate the hiring at There was a single plea to the jurisdiction. cerned : a condition the breach of which involves once, and makes this amount the same as regards The defendant Luck said : I reside at Lewisham. no liability being to all intents and purposes, no either party. Plaintiff resides in London - road, Southwark.condition at all. If, therefore, that be the custoin, Attorney for the plaintiff, Clarke.
property vests in the trustees of King. It appears without any benefit, it does seem to give a colour
to me that in any view of the subject the decision to the charge of being fraudulent and wicked. I LIVERPOOL COUNTY COURT.
of the questions raised by the bill would not dis. cannot say that there is no reasonable and pro
pose of all the questions which come within the bable cause for a counsel so to state in the exerThursday, Feb. 8.
range of the duty of King's trustees. And I cise of his duty of commenting. It appears to (Before Mr. Serjt. WHEELER, LL.D., Judge.) might be doing injustice to the plaintiffs in the ine that the words spoken were uttered in the Re King.
suit by restraining its further prosecution, even cause, and were relevant to the cause, and conse
supposing me to have power to do so, upon which quently that the action is not maintainable." Bankruptcy Act
, 1861 - Jurisdiction of court to point I am not called upon, with my present view The other judges concurred, and a rule for setrestrain a Chancery suit instituted against of the case, to give an opinion. It is clear, how. ting aside ibe nonsuit was discharged.-Pull-Hall assignees in a bankruptcy under the Act of ever, to me, that by declining to grant the injunc. | Gazette, 1861.
tion I in no way prejudice the right of the trustees THE PROFESSION IN IRELAND.-At a meeting Held, that by virtue of sect. 72 Bankruptcy Act of King to bring before this court, in the shape of of the Solicitors' Benevolent Association of Ire1869, the court had jurisdiction.
a motion under the 72nd section of the Bankruptcy land in Dublin on the 3rd inst., Mr. Justice Barry This was an application on behalf of the registrars Act, in such a way as they may be advised, any proposed the tast, " The Attorneys and Solicitors of the Liverpool County Cuurt, who under the questions in which the interest of his creditors of Ireland.” He said that while regretting that provisions of the present Bankruptcy Act, became may be involved, or by which his estate may be the duty of proposing this toast had not fallen on vested as assignees with the estates in all bankbenefited. I, therefore, feel it to be my duty to some abler person, he would still venture to say ruptcies pending when the Act came into opera- decline to accede to this motion. I ought to add that no one to whom the duty might have been tion. The object of the application was to obtain that I have had the advantage of having the case assigned could bring to its performance more real an order to restrain a Chancery suit which had very well argued by Mr. Robinson and Mr. Potter sincerity than he did. There were many reasons, been instituted against the late official assignee, im support of the motion, and by Mr. Yate Lee personal to himself, why he shonld perform that and the trade assignee of the estate of one King, against it. Costs of motion to follow the result. duty witi heartfelt pleasure ; but he put these and had been revived on the oficial assignee being
considerations aside, and, on the broadest grounds, abolished, against the registrars of the court.
asked the assembly to agree with hizn when he W. Robinson of the Chancery Bar, and Potter, appeared in support of the motion, and
said that the attorneys and solicitors of Ireland LEGAL NEWS.
were deserving of the approbation, and justly Yate Lee, of the Chancery Bar, against it.
merited the confidence and respect of the com. The arguments of the learned counsel, so far as DINNER TO MR. JUSTICE QUAIN.-On Satur.munity. Of course, as had been glanced at by the is necessary, are adverted to in the following day evening the members of the Northern Circuit Lord Mayor, they knew that from very early times judgment of the learned Serjeant.
invited Mr. Justice Quain to a dinner at the Albion down to the days of the Sampson Brasses and the His HONOUR said :-The bankruptcy in this case in Aldersgate-street, in commemoration of his Dodgson and Foggs of Dickens, what Canning took place in the Liverpool Bankruptcy Court appointment as one of the Justices of the Queen's called the roguish lawyer had been the subject of before the passing of the Act of 1869, and under Bench. Between 70 and 80 members of the circuit, humorous criticism and satirical representation in the provisions of that Act the pending business in including several gentlemen who now hold various poems, novels, and on the stage. They kner connection with it has been transferred to this distinguished civil appointments, and several further that, on the recommendation of a London court, and the registrars are now officially trus members of the Midland Cirouit (formerly on the alderman, the Minister of Finance, in his necestees in the place of Mr. Turner, the late official Northern Circuit), sat down to dinner. Mr. sity, imposed upon the attorneys in this country a assignee, no creditors' assignee or trustee having Pickering, QC., the Attorney-General of the tax, the most ungenerous and the most unjust been appointed. The Chancery suit in question County Palatine of Lancaster, was in the chair. that ever was inflicted upon an honourable body has been pending for some time, and the aver. Among those present were the Hon. A. Liddel, of men. Of course he alluded to the certificate ments in the bill are very extensive, and the Q.C., the Under-Secretary at the Home Office duty; and when he spoke of it as ungenerous and relief sought by it is commensurately so; Mr. Overend, Q.C., late of the Midland Circuit; unjust he did not refer to it merely as a finanbut the proceedings have not yet reached a fur- Mr. Aspinall, Q.C., the Recorder of Liverpool; cial burden, although it might press heavily upon ther stage than the answer of the defendants Jump Mr. West, Q.C., M.P., the Recorder of Man the young and struggling practitioner, but rather and Turner, and it is uncertain at what date a chester : Mr. Kay, Q.O., the Judge of the Salford as a source of humiliation that they alone, of all hearing may be reached. The main purpose of Court: Mr. Pope, Q.c., the Recorder of Bolton; the learned professions, should be selected for the bill is to secure to the plaintiffs the benefit of Mr. Butt, Q.c., Mr. Serjeant Simon, M.P., Mr. such a tax. He trusted that the members of the an assignment executed in San Francisco in their Leofrie Temple, Q.C., Mr. Russell, Q.Č., Mr. Torr, profession would not relax their exertions which favour by, as is alleged, the firm there of which Q.C., Mr. Ashton, Q.C., Mr. Kemplay, Q.C., Mr. he, when he had the opportunity, cordially, cothe bankrupt King was a member, under which Herschell, Q.C., and a number of other gentlemen operated in-to rid themselves of the odions assignment a certain portion of the proceeds of of distinguished position on the Circuit. The burder ; but he warned them that they wonld some wheat was to be paid to the plaintiffs in part toast of the evening, “ The health of Mr. Justice have a serious ditficulty before them-the difficulty discharge of a debt due to them by the firm. The Quain," was proposed by Mr. Pickering in an able of inducing any Chancellor of the Exchequer to defendant Jump, by his answer, admits that after speech, full of Northern Circuit allusions. His part with a tax so easily collected, and against payment of his lien upon such proceeds there is a encomiums of the social qualities of the learned which no popular clamour was raised. But whatbalance in his hands of about £2000, which he is Judge, which had made him before his appoint-ever might be the sayings and the writings of wits ready and willing
to pay to the Court of Chancery ment one of the most popular men on the circuit, and humorists ; whatever might be the injustice to the credit of the suit. The plaintiff's are willing and his expression of opinion that in giving the of the legislation to which he had referred, he to accept Mr. Jump's account and the above sum; Queen's Bonch a judge the circuit had given to might say that no candid man whose opinion was but the trustees of King allege that the so-called the country a jurist, a lawyer, and a gentleman, of value could hesitate to admit that in iutelli; assignment made in San Fraucisco was by parties who would alike do credit to the circuit and gence, in integrity, in honour, in manfulness, and who, though professing to be partners of King, uphold its prestige, were received with unbounded in the discharge of the complicated, ditficult, and were not in fact so, or authorised on his behalf to plaudits. The learned Judge returned his ac- responsible duties which they had intrusted to execute the assignment: and, moreover, that it knowledgments in a speech full of feeling, and them, the body of attorneys and solicitors of was executed after notice to the plaintiffs that took the opportunity of impressing on the junior Ireland could not be surpassed by any body of King had comunitted an act of bankruptcy, and members of the circuit present not only the pr fessional men. On a recent interesting occa. that it is therefore void against the trustees. necessity but the policy of keeping up by their sion, he thought the majority there present heard Under these circumstances I am asked on behalf conduct that high tone on the circuit which had a saying rep ated by one of their most distinof the trustees, to restrain the further prose- made it, beyor:d all comparison, the first circuit in guished men, that in the career of a man's lifcution of the suit, with a view to the ques. England. After a most agreeable and social at every stage of it, from the craille to the grave, ions which it raises being discussed upon motion evening, the guests separated soon after 11 o'clock. he was presided over by an attorney, and the in this court under the 72nd section of the pre- THE LICENCE OF COUNSEL.-At the present saying, originating perhaps in jest, summarizes sent Bankruptcy Act. It is objected to the time, when the question of freedom of speech at in a few words the important position which the motion that I have no jurisdiction to grant an the bar is engaging attention, it is interesting to profession of attorneys filled in this country. injunction in the case under the special circum recall Lord Ellenborongh's observations on this The attorney had to conduct cases of import, stances, and that if I had I ought not, in the exer. point when a motion was made in the Court of ance to the State; he had to defend the accused cise of my judicial discretion, to grant it, because King's Bench for setting aside a nonsuit in an man who was charged at the risk of his life and I could not in any view of the subject do full jus action tried in Sept. 1617, at the Lancaster assizes, liberty; he had to conduct the case of a poor pan, tice to the litigant parties ; ror, indeed, could I at the iustance of Mr. Peter Hodgson, an attorney, asserting a right or a clain, or assiting the deal with all the questions in the case, inasmuch as against Mr. Scarlett, the counsel, for words aggression of the rich; he had to defend the rich those involve, or may involve, considerations in spoken at the spring assizes for that county, sup- from the poor, and he, as the Lord Mayor reno way affecting the bankrupt King's estate. 'I he posed by the plaintiff to reflect injuriously on marked, was the general depository of family case would seem to resolve itself into this :-If it be his professional reputation. • The law," said secrets important trusts which were true that the San Francisco firm of King and Co did Loru Ellenborough," privileges many communi. betrayed. They spoke of the honour of the Beach comprise partners there who executed the assign- cations which might be considered calumnions, and of the Bar, but he believed it would as likely ment in favour of the plaintiffs, then that assign. and the subject of actions ; in those, for instance, enter the head of a litigint to attempt to bribe ment would, I apprehend, be valid, notwithstanding regarding the character of servants, it is neces- either of those as the solicitor who watched over the baukruptcy of King, because his partners, being sary for the convenience of mankini, that there his opponent's interests. The Profession had re: solvent at the time, had a right to deal with the should be a free disclosure ; and if 'it be made cently seceded from the society which held its partnership property for a partnership debt. In bona fide, and without express malice, withont a meetings within that hall. He did not for one that view of the subject the trustees of King could design to state what is untrue and unprovoked, .l moment censure the attorneys for having done not have any interest in the £2000, or indeed in the law protects it from being the subject of an so; far from it. But while he did not censure, he any of the partnership assets, except to the extent action. So, in the case of counsel, who are deeply regretted. He wi-hed that an arrange of King's portion of the surpins after satisfying appointed by the parties as better able to ment had been made which would still have kept the debts. To ascertain whether there be such conduct their causes, the client consigns his all branches of the legal profession under a joint surplus it would be necessary that a general ac- interest to a counsel, who only speaks from management, and, as it were, under the same roof, count be taken, with the taking or result of which information, and he is privileged when com. However, that was past and gone. A change had the plaintiff and the defendant Jump have nothing menting upon the evidence or instruments pro. taken place, and he gladly owned that the experi
: to do. If, on the other hand, it be true, as duced in the course of a trial. I should say that ment had been successful. The attorneys of Iresuggested,' that King had no par-ners nt 'San in the present case the langnage is strongly land, acting through their incorporated society, Francisco, and that the wheat assigned (subject to charged, for it accuses Mr. Hadyson of a frau, had introduced a system of lezul education which whatever lien or legul claim upon it attached between man and man and with wickelness in would ensure the proficiency of future members of prior to the execution of the assignment) be foro dicino. This was perhaps not displaying that the body, and would consort with that vocation longed to him alone, then, as that assignment forbearance that it might be prudent to adopt ; which the young men had before them. He gava was executed in favour of the bank, the plaintiffs but yet I cannot say that the accusation did not “ The Attorneys and Solicitors of Ireland," and in the suit after King had committed, and the aride out of the subject matter of the case. If the might the profession continue to be as useful and bank had notice that he had committed an act of attorney knowingly placed the parties in a situnhowurable in the fnture az it hal been in the baukruptcy, the assignment was void, and the tion where they must undvubtedly be sufferers past. The toust was drunk with much enthusiasm.
FLOGGING.-An account of all the prisoners in a given week, say the second in April, for a meet to the baronetage of 1741, but assuming him to be who have been flogged since the practice of cor. ing of advocates of each bar, and let the attorneys correct, the omission is easily accounted for by the poral punishment was definitely revived in 1861 attend the Judge and come to a proper under-circumstance that the then baronet, Sir James makes a bulky Parliamentary paper. Only the standing, and let every registrar and judge help Harington, the great grandson of the regicide, and initials of the convicts are given, with the nature, the advocates, and vice versa. With combination, grandfather of the late Sir John Edward, was of reason, and amount of the punishment, the persons the debt collectors will be snuffed out. Only one Jacobite opinions, and lived for many years in by whom it was ordered, and those by whom it was question remains--the interest of the suitor. An exile with Prince Charles Edward ; and, as his witnessed. In the seven years covered by the attorney chargés a fixed fee, an agent or debt col. political bias was probably known, it is not sur. return 5614 floggings were administered in England lector 20, 25, and even 30 per cent on the amount prising that his right to the baronetoy should have and Wales. The great instrument is still the recovered. I would finally suggest that unless the been put out of sight by compilers of work birch, and boys are its chief subjects. Most of attorneys get what they require they should retire intended to be acceptable to the party in power. the boys thus birched were over ten years of age ; | in a body from the court, and take no business I have troubled you at greater length than I the majority seem to be between eleven aud four- there. AN ATTORNEY OF A QUARTER OF A intended, but I have thought it as well to point teen. There are, however, a considerable number
out the reasons why the questions with which your at eight and nino; about a couple of dozen at
correspondent concludes his letter. “The lives of seven years of age, and one small incorrigible who
the regicides are spared, but were they not equally stands in the catalogue as only four-which we are
THE HARINGTON PEDIGREE.My attention attained sic (? attainted) as if they had been tried, inclined to hope is a misprint for fourteen. He is has been called to a letter appearing in your convicted, and executed ?" should, so far at least down as having been sentenced at the Marylebone issue of Feb. 3, headed with my name, and signed as my ancestor is concerned, be answered in the police court in April last, and as having received ten stripes with the birch. The more formidable tion as to the right of my cousin, the present Sir shadow.” ". A Barrister," the writer of which raises a ques. negative, without even " a doubt which is but a
RICHARD HARINGTON. instrument of punishment is, of course, ouly used John Edward Harington, to the title of baronet, Our reason for inserting the letter was this : for older criminals; and is still used but sparingly. grounding his objection on the statute 13 Car. 2
We had previously noticed, in stating Mr. The “cat” appears to be used in about one case st. 1, c. 15. But for reading the letter in your
Harington's appointment, what his family was, in fifty. In 178 cases it has been administered paper, I could not have imagined that the pedi.
and out of this arose the “Barrister's" letter. ander the powers of the Act of 1864; in a majority gree of a County Court judge could, under any
Ev. L. T.] of the other cases it has been ordered chiefly by circumstances, be a subject of interest to your visiting justices as a punishment for disorderly readers, and it was with some surprise that I
COMMISSIONERS' FEES. Some uncertainty behaviour in the prison. In Ireland corporal observed your insertion of a letter on a matter so
seems to exist as to what fees a commissioner is punishment is almost limited to juvenile offenders, exclusively of private and family interest to
entitled to take in the country for oaths adminisand of these only. 103 have been sentenced to it. myself; and that "A Barrister" should have tered by him, as a commissioner to administer There are no visiting justices of prisons in Ireland, thought it worth while to call attention to the oaths in Chancery in England, to executors and and the boards of superintendence have not the “shadow of a doubt” on the subject, referred to administrators for probates and administrations. pover, as the visiting justices have in England, to by Mr. Serjt. Burke, as a reason for regretting
the I have always imagined the fee for each oath to order whipping for prison offences. The result is non-existence of a tribunal qualified to dissipate be 23. 6d., and 1s. for each exhibit, with a fee of that in the seven years only two adult prisoners it, a shadow which I thought had vanished 6s. 8d. where there is an administration bond to have been flogged in the sister island.—Daily News. a quarter of a century ago, when, under the
be attested by the commissioner. Some contend direction of the chapter of the Heralds' College, the feo for each oath is only 1s. 6d. If you can
the opinion of an eminent counsel was taken upon clear up the point through the Law TIMES, I shall CORRESPONDENCE OF THE the point. I do not apprehend that my cousin feel much obliged.
F. W. G.
will be much disquieted by “A Barrister's"
AN APPEAL.-In your issue of the 12th Jan. Note.--This department of the Law Times being open to them to pass unnoticed, lest it should be sup- notice of a gentleman, who, previous to his death
your readers it is right that I should not allow 1861, there appears a very laudatory and truthful free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it.
posed that the “shadow" is cast by some sub- in Dec. 1860, had acted as revising barrister of
stance. My late father, who was much interested the City of London. He was survived by a widow COUNTY COUET PRACTICE.—I take the liberty in all matters connected with family antiquities, who is now nearly seventy years of age, and it is of addressing you on this subject, and trust caused the Harington pedigree to be verified aud on her behalf that I take the liberty of writing it may receive your favourable consideration. It registered at the Heralds' College in the year 1845 you, as the knowledge of her present unfortunate is now admitted in our branch of the Profession and 1846. The chapter of that body then called position communicated through your columns that County Court business is scarcely worth attention to the statute 13 Car. 2, st. 1, c.:15, upon may induce some of her late husband's friends to having to a respectable attorney. Fifteen years the construction of which the opinions of the extend some assistance in the
emergency in which ago it was different. Since then a system has grown late Şerjt. Hill
, Mr. Hargrave, and Mr. Jeremy she is placed. The whole sum left her by her up by which a number
of irresponsible uneducated had been formerly taken by the late Sir John late husband, together with an additional sum persons called debt collectors have usurped all Edward and others interested. The gentlemen subscribed by some of his intimate friends at the the business of attorneys in the County Courts thus consulted all agreed that the statute 13 Car. Bar, was invested in the purchase of an annuity which was worth anything, namely, the conduct 2 st. 1, c. 15 did not forfeit the dignity, as against from the European Assurance Society, and this an. of undefended or slightly defended causes, and we the heirs cf the degraded baronet, but the chapter nuity has since formed the widow's only source of now get nothing but what either comes out of our required the further opinion of a counsel approved maintenance. By the collapse of the society she is offices, or debt collectors cannot manage. The by them. That of Mr. Turner, Q.c., was accor- left entirely destitute, and I am sure that fact fault is with the judges and registrars. In a dingly taken on the 3rd Nov. 1845, who expressed a requires only to be made known through your few years, if things do not mend, it will not be decided opinion that the hereditary dignity had columns to induce the many benevolent members worth the while of a respectable attorney to
not been forfeited.
This opinion satisfied the of the profession to lend a helping hand. The attend the court at all, and it will becomo the Chapter of the Heralds' College, and the pedigree manager of the National Bank of Scotland, in refuge for the destitute in our profession. In the was recorded by them accordingly. Anyone who Nicholas-lane, E.C., ha- kindly agreed to receive first place, take the undefended list. The regis- takes the trouble to look carefully at the statute subscriptions, aud it will be u favour if you will trar takes the most informal proof, it is done in a will observe that it is not, like the statute 12 Car. 2, do so also.
A LAWYER. slipshod, hasty, anyhow, way. The agent is un- c.30, an Act of Attainder. Sir James Harington checked, and the plaintiff does not attend the was never, by verdict, judgment, or statute, concourt. A debt collector will thus get through victed or attainted of high treason. It is true PRACTITIONERS' FEES IN COUNTY COURTS.twenty or thirty cases a day at least. Now I pro- that he was excepted out of the Act of Oblivion, Now that important changes are contemplated in test against this. The registrar should make the but, unlike the active regivides, he, with Lord the jurisdiction and status of the County Courts, plaintiff attend himself or by attorney, and the Mounson (not “ Thomson") was expressly re- it is to be hoped that poine alteration will be person who delivered the goods or lent the
money, served to future pains and penalties, not extending made in the existing regulations as to the fees of &c., should attend. An agent has no business in to vije. These were declared, by the 13 Car. 2, practitioners. Under the present system, a plainthe witness box at all, and certainly has nit a right st. 1, c. 15, intituled "An Act Declaring Paines, tiff claiming less than £5 must either dispense to call and examine witnesses. His evidence Penalties, and Forfeitures imposed upon the with professional help or pay it out of his own ought not to be taken as anything more than Estates and Persons of c. rain Notorious Offen. pocket, whatever the rosult of the case may be, corroborative proof, for it only is that he has ders Excepted out of the Act of Free and General and however difficult the questions involved ; and applied for the debt, and it was not denied by Pardon, In-lemnity, s n? Oblivion.” No mention of where less than £20 is claimed, the successful defendant. That all the evidence that an agent heirs or issue is made in this statute, which does party can only recover 15s. towards his lawyer's can give, and it comes to little in point of law. not profess to attaint, or to inflic: the penalties charges. It may be sound policy to discourage Then take the defended cases before the Judge. incident to an attainder, and wbich, upon the the employment of professional men in cases I have had to sit sometimes an hour or more
ordinary rule of construction of penal statutes, where only a small amount is in question, and the until a number of cases in which agents are would scarcely, even by the judges of that day, facts are simple, but in cases where a considerable concerned are taken, until my turn came.
I have been construed to inflict a forfeiture upon miss of evidence has to be examined and say, without hesitation, it is unjust t, the suitor, innocent persons not nained in it. There were ! sifted, or where questions of law arise, it is surely illegal, and cruel to the attorneys, that a julge also special reasons why Sir James Harington very unfair that the successful party, who must should allow an agent's evidence to be of any should have been treated with exceptional leniency, he taken to be in the right, should not be rein. weight in itself, except as corroborative of the He was nominated on the Regicide Commission' bursed all payments properly, and necessarily plaintiff's, and yet the judges have relapsed into against his will; he sat' but once, and that upon incurred in placing his case before the court, a slovenly way, and admit it. I maintain that compulsion; he uniformly protested against the whether the amount in question is large or small. unless County Conrt advocacy is to go down to murder of the king, and positively refused to take The theory of the present system seems to be the very lowest and most incompetent persons, part in passing the sentence or siguing the that where less than £20 is claimed the case is unless young practitioners are to be disgusted warrant. His cousin and namesake, the author of not of much consequence, and does not need much with what is popularly supposed to be nice prac. | the Oceana,” though a theoretical republican, attention, and that when less than £5 is claimed, tice and tho most “ rising" court in the kingdom, was groom of the chamber to, and the devotedly tho sort of rough and readly drawing, which cases the whole system must be changed. Fifteen years attaci ol se v ni of, the king, whom he attended are apt to receive which are not presented by pro. ago, when I first began, I had on an average eight on the scatfold-an incident alluded to by Lord fessinal men, is quite good enough for the causes a court day; now, with an established Erskine in his defence of Paine. In my ancestor's As if a case of £10 or £15 might not rereputation, and the best practice at the Bar, I case ucco
.ccordingly, even the forfeiture imposed by quire as much care and skill in preparation, and have not hulf that number. I used to conduct the Act was not insisted on, for the fainily might not involve questions of as much difficulty causes which agents now do, and it really does estate of Merton in Oxfordshire, was restored 1
as one of £30 or £10. What is to be desired, is not pay me to attend the conrt, and my friends at to his wife, and remained in the family for that where people are discouraged from putting the Bar all say the saine. I do not care much for several generations. The title of baronet was every trifling caso into professional hands, the such work myself now, hint I have the interest of used without objection by his son, and since julges of County Courts should have power to the Profession at heart. Withont unity nothing can uninterruptedly, and without question by his allow a fair
and reasounble sum for costs wherever be done, but let us unite. Let us by intercommuni. heirs male. I have had no opportunity of verify. in their opinion the importance or complexity of cation arrange in every towa whers a court is held ing your correspondent's assertions with reference the case is such as to justify the employineut of a
lawyer. The amount in question, if it be not so was giveu no search was needed. I shall be obliged if the Chairman addressed a few remarks to the trifling as to come within the maxim de minimis any of your readers conversant with the subject would
members on the subject of books and reading. He non curat lex, ought not to determine the matter; kindly inform me the practice and the occasion ou
which the ls. for the search arises.
congratulated them most sincerely that they had the judge would, no doubt, take the amount into
such a good library, for when he was in the consideration. It is hard to see how any harm 101. FRIENDLY SOCIETIES.-Can any of your corre- Temple it had often occurred to him how valuable would result from the adoption of this plan. It spondents inforın me what is now the law and practice such institution would be, to provide would be no hardship to the losing party to have to with regard to the certifying and enrollivg the rules of the clerks with good wholesome reading for pay the costs fairly incurred by the other side ; for friendly societies?. I am under the impression that
the many spare hours they sometimes had. the issue of the case must be taken to prove that he after the death of the late Mr. Tidd Pratt the office of
registrar of friendly societies was abolished and other The time had come when it was not a mere has either preferred a wrongful claim or resisted a provisions made as to enrolment of rules, but I do not luxury, but a necessity for men to have books. just one. On the other hand, the rule suggested remember the date of the alteration, and I should like The first public library was said to have been would remove the great and obvious injustice of to be referred to the Act.
INQUIRER. established at Athens, B.C. 525. Mr. Macgregor making the party who has succeeded pay the
had founded this library, and he hoped he would
102. MARITIME LAW TOWAGE ARREST COUNTY whole or part of his lawyer's charge, even where
live to see every clerk in the Temple and Lincoln's. COURT JURISDICTION.-The Robert L. Lane, East Stone. the employment of a lawyer was right and neces.
house County Court. See report in Law TIMES of the inn a member of it. A great question now-a-days sary. Of course there should be a limit to the 10th inst. Looking at 3 & 4 Vict. c. 65, s. 6, and the was how to recommend mon to employ their time. charges allowed, and I think the higher scale in Connty Court Admiralty Jurisdiction Act 1868, c. 71, No man could lay down a rigid rule or prescribe County Courts might very well be taken as s. 3, is not the judge's decision wrong? Towage not any given course of study for another. He bemaximum in cases under £20, it being within the being within the meaning of “necessaries,” cannot lieved it was Dr. Johnson who said of himself
any ship, notwithstanding her nationality, be arrested judge's power to direct the payment either of no
there never was a more desultory reader ; but he costs at all, or costs upon the existing lower pondents, who is familiar with County Court admiralty did that which all should be recommended to do, scale. The absurdity and injustice of the present practice, will kindly answer these queries. W.J.
whatever was worth his eyes passing over, was system will appear from the subjoined instance: I
worth his thoroughly understanding it. Don't was engaged for the plaintiff in a case where £12 103. MARRIED WOMAN.-Sarah deposited certain sums read as a swallow skims over a pond ; but when you was claimed for demurrage. The judge, after con
of money in a savings' bank in the years 1868 and 1869, sideration, gave judgment for the defendant on a and in the year 1871 she married, are such deposits knowledge of it. As to novels, he would not re
come away from a book, come away with a thorongh her separate property? By sect. 2. of 33 & 3+ Vict. point of law. Though a good and careful lawyer, c. 93, it is enacted that any deposit “bereafter" made
commend them to read much of them. He remem. he appeared to be wrong in this instance, and I (the Act being dated Aug. 9, 1870, and subsequent to bered Baron Alderson saying that after a hard applied for a new trial. After a long argument, the dates of the deposits) in the name of a woman who day's work he always took up some light book and the judge reversed his decision, and granted a new
may marry after such deposit, shall be deemed the read a little. In that way novels were good, but trial, thereupon (ex ratio decidendi, being in my separate property of such woman. Has any decision been come to on this point ?
unfortunately novels are not what they were. He favour) the defendant consented to a judgment
regretted Scott's novels were not read more. without the case being re-heard. I had to get up
104. FIRE INSURANCE.-A lessor and a lessee enter
Historical novels were good, for they give you the case in the first instance, to conduct it, to attend court when judgment was given, to stick | insure in both names and keep up the insnrance, and be into a lease, containing a covenant by the lessee to dates, names, and events, in such a form that you
never forget them. Still he would say read novels for two hours on the application for a new trial,
is effected in and to attend court on the second judgment being names,
stating that the lessor and the presscon both sparingly: Passing from novels there was another
course of reading, which was that which would given, besides taxing costs, &c. ; and all I could therefore! - baving paid say, 58.- for insuring,. &our improve them in contending with their fellow men
“the society agrees with the insured,” and so on. On get from the other side towards my charges was 15s. being asked by the lessor to state that the payment was
in the pursuits they followed. No man now-a-days The present system works most unsatisfactorily. (as was the fact) by the lessee, they refused to do so, as has a chance except he is pretty well informed, It was designed, I suppose, to keep down attor- it was contrary to the'r custom. Now can they be and for them it would be a good thing to be 1 neys' charges, but its practical effect is to favour compelled to do so ? The covenant by the lessee is to well up in case law and the different reports. the unsuccessful, not at the expense of the suc. insure and apply the money received from the office in
He had the good fortune to possess a clerk to cessful, and in an indirect and remote way, there- repairiug and rebuilding, but stops there, and does not authorise the lessor to effect, on the lessee's default, a
whom he had only to mention some par. fore to encourage the bringing of bad claims and
AN OLD SUBSCRIBER.
ticular about a' case, and he could at once defences into courts. An advocate in whom
give him the name and where to find it. That was persons have confidence will always command a 105. LORD MAYOR'S COURT.-Will any of your cor- most useful and valuable, and made him feel fair remuneration for his services; he has his fee respondents acquainted with the practice of the Lord grateful for the assistance he had received. They whoever pays it, and few attorneys of decent Mayor's Court, kindly inform me what is the scale of should thoroughly master such things, for it wonld position will go into court and waste the best part charges allowed by the court for service of process and of a day for less than a guinea.
vit, and affidavit of correspondent in country be of much avail to them and enable them to get A COUNTRY SOICITOR,
on. Passing from that, he would come to the most A COUNTRY ATTORNEY.
important kind of reading—the search after real Nuswers.
truth. That which all men seem to be anxiouz (Q. 92.) ARTICLED CLERKS.—There is a magazine pub.
about at the present day is, what is the truth? Call NOTES AND QUERIES ON lished by Butterworths, Fleet-street, called The Law
it “theology, a knowledge of our nature," or POINTS OF PRACTICE. Examination Journal and Law Students' Magazine, edited
what you will, men are asking, is there another by Mr. Moseley. It is to be had the second day after life or is there not? And in this matter he doubted
the final examination of each_term. The first number if in the multitude of counsellors there was NOTICE.-We must remind our correspondents that this
was published in Michaelmas Term 1869, F. J. H. wisdom. In selecting books on this subject, he column is not open to questions involving points of law
would say, read only those that have a repnta. such as a solicitor should be consnlted upon. Queries will be excluded which go beyond our limits.
tion for leading men right; for it was impos. X.B.- None are inserted unless the name and address of the
sible to read everything that was written on writers are sent, not vecessarily for publication, but as a
both sides this question ; for if you took up the guarantee for bona fides.
INNS OF COURT LENDING LIBRARY.
books of the present day, there wonld be found Queries. The annual meeting of the members of the Inns gols, and no man could read all that was written.
almost as many religions as the heathen had false 97. STAMP.-What is the proper stamp on an assign- of Court Lending Library for Barristers’ Clerk Therefore, what he would say was, make your: ment of a policy of assurance on a life-the amount is £1000?
was held on Thursday at the Law Institution, selves acquainted with the Book of Books, if it
The Hon. Baron Pigott presided, and called 98. WILL.-A testator, after giving numerous large on the secretary, Mr. c. Button (clerk to Mr; wanted a letter from his Saviour, he had nothing
was only a little every day. He felt that if he legacies, proceeds in his will :-I give the interest of Forsyth, Q.C.), to read the report, which stated to do but to take up his Bible and read some of “the residue of all my property to B for lite." At tes. that the library continued in a prosperous con. tator's death, nearly the whole of his personal property dition, its usefulness was becoming more extended present day the great object of writers seems to
His marvellous sayings in the Gospels. In the was invested in securities, not properly tenable boy and appreciated, many new members had joined, be to show their cleverness, or to show something trustees. The income arising from all the testator's property during the first year, after the testator's death and that a larger number of books had been until the conversion and payment of the legacies, was added ; some of which had been purchased, and
Don't accept readily the scepticisms of the considerable. I should be glad of the opinions of some
many presented by the authors ; amongst others present day. There was nothing more allaring, of your readers as to what interest B. is entitled to Mr. T. Hughes, Q.C., M.P., had given a copy of ing, and dangerous, than was now written. Many
more ensnaring, more confounding, more disturb. during the first year. References will oblige. H.
his works, and Messrs. Nisbet had presented of the cleverest men, and the ablest men mere 99, CONSIDERATION FOR A PROMISC-Ostler's FECS.
twenty-three volumes of standard literature. Mr. infidels. He did not hesitate to say it, for he had --A. placed his horse and carringe at B.'s stable, B. C. Pollock, Q.C., F. Herschell, Esq., Q.C., J. Ed. read their books on science and scepticism, and being an innkeeper and keeping livery stables. c. by wards, Esq., and other members of the Bar had he would earnestly warn them against infidelity; permission of B. acting as ostler at such stables, on the given onations of money, and others donations for books were either good things or very bad terms that B. was to pay C. nothiag, but that C. was
of books. The Benchers of the Inner Temple had things-they were either food or poison—and. to get what he could out of persons putting their horses up at B.'s stables. When A. placed his horse and given substantial support since its foundation, therefore, when you come to serious reading select carriage at B.'s stibles he promised to pay C. 23. 60. a
and generously granted the free use of a large withthe ulm ist care the book you would read. The week for lookin after his horse and carriage, and, sub. room in their chambers at 4, Fig Tree-court. sequently paid C. something ou account. A, refuses to
Mr. John Macgregor ("* Rob Rog") moved the last book published in London was the worst and pay the balance. Query--Can C. recover Is not B. adoption of the report, and congratulated the the most dangerous he had scen- he would almost impliedly bound to provide an ostler ? if so, is such im plied responsibility affected by the express promise to members on the quiet but steady progress they say that had been published since the Christian pay? Is there any case on the point ?
It leads you on from chapter to chapter and L. were making. Mr. G. H. Whittell seconded it,
and lands you in rank infidelity. If they really desired
it was unanimously adopted. 100. FEES For CERTIFICATE OF BURial.-I lately officers were elected for the ensuing year : Trus- in the best of books, for remember what the Poet
The following to seek light and wisdom on these things, seek it applied to the clerk to a burial board for two certificates tees—The Hon. Mr. Justice Lush, W. Forsyth, of burials, stating that the funera's took place on certain Esq., Q.C., LL.D., and T. Chambers, Esq., Q.C.,
says :days, a few years since. The clerk charged in each case
The clouds may drop down titles and estates, 3s. 70. I have always understood that 23. 6d. is the M.P. ; treasurer-J. Macgregor, Esq.; committee
Wealth may seek us; but wisdom must be sought. proper charge for a certificate, and that tbe ls. is for a -Hon. G. Denman, Q.C., M.P., G. Chance, Esq., Sought before a'l; but (how unlike all else search, in case the party is unable to give the date. G. B. Hughes, Esq., and J. Macgregor, Esq., We seek on earth :) 'Tis never sought in vain. This is the rule I acted upon whilst I was clerk to a Messrs. C. Button (secretary), Fidler, Granger, That is, if you really seek in earnest. There is burial board. On referring to the Act 16 & 17 Vict. c. 134, s. 8, I find that searches and copies of the register The alteration of the hours of opening from five
Hasler, Holcombe, Hilburn, Whittell, and Winn. one book he would advise them to read, and that kept by the clerk are subject to the regulations of the
was Bushnell's Nature and the Supernatural. It Act 6 & 7 Will. 4, c. 86, the 35th section of which Act to seven every day, except Saturday, was con- shows men that they are powers on earth, and that makes a payment for every search extending over a
firmed. Votes of thanks were given to the therein lies their likeness to the Almighty him. period of not more than one year the sum of Is., and 6d. Benchers of the Inner Temple for their support, self; it shows them how high and noble a thing additional for every additional year, and 2. 6d. for and to the council of the Incorporated Law Society is wrapped up in the human frame. Then, as to every sin le certificate. The burials, certificates of for the use of the room in which the meeting was poetry, while he admired and read Shakespeare wbich I required, both occurred within eight months of each other. I have always understood that the charge held.
with delight, when he passed to Milton he felt for the search arose when the person applying for a cer. A vote of thanks to the Chairman for presiding that Milton stood out in transcendent grandenr, titicate was unable to give the date, but when the date Tas then carried with acclamation, and in reply, and that finer language had never been used in