Page images
PDF
EPUB

HAILSTON, THOMAS, grocer, Wheelock, Cheshire, Sept. 1
and Oct. 2, at eleven, Liverpool. Com. Stevenson.
Off. as. Turner. Sols. Skerratt and Remer, Sandbach;
J. Yates, jun, Liverpool. Petition, Aug. 20.
HODGSON, WILLIAM, watchmaker, Lancaster, Sept. 2 and
23, at twelve, Manchester. Off. as. Fraser. Sol. Robin-
son, Lancaster. Petition, Aug. 11.
MIDDLEWOOD, RALEY, and FOSTER, ALLEN, linen drapers
and silk mercers, Leeds, Sept. 4, at one, Oct. 10, at
eleven, Basinghall-st. Com. Fane. Off. as. Cannan.
Sol. T. Parker, 18, St. Paul's-church-yard. Petition,
Aug. 14.
NICOL, JOHN, broker and commission agent, Kingston-
upon-Hull, Sept. 3 and Oct. 1, at half-past twelve,

On Monday next will be ready,
HE LAW of EVIDENCE AMEND

TMENT ACT, with Introduction, Notes, and lader.

By EDWARD WILLIAM Cox, Esq., Barrister-at-Law.
N.B. This work is in two sizes, to bind up with text.
books; in 8vo. to bind with Taylor, Phillips, Starkie, &c.
price 2s. 6d. ; and in 12mo. to bind with Roscoe, Archbold,
&c: price 1s. 6d. Orders should state particularly which
size is required.

CROCKFORD, LAW TIMES Office, 29, Essex-street,
Strand.

THE NEW LAWS OF THE SESSION.

Kingston-upon-Hull. Com. West. Off. as. Carrick. Sols, lieu, J. cotton waste dealers, Rochdale, Dec. 31.-Hollister, MR. CROCKFORD has the following

Dodge, Liverpool; Shackles and Son, Hull. Petition,
July 31.
PHESSE, WALTER, licensed victualler, "Green Man,"
Covent-garden-market, Sept. 1, at half-past twelve, and
Oct. 10, at twelve, Basinghall-st. Com. Fane. Off. as.
Cannan. Sols. Taylor and Collisson, 28, Great James-st.
Bedford-row. Petition, Aug. 12.

WILDE, JAMES, builder, Salford, Lancashire, Sept. 5 and
26, at eleven, Manchester. Off. as. Fraser. Sol. Dear
den, Pall-mall, Manchester. Petition, Aug. 15.
WILLS, CHARLES VEASEY, dealer in lamps and camphine,
Exeter, Sept. 4 and Oct 2, at one, Exeter. Com. Bere.
Off. as. Hirtzel. Sols. Head and Venn, Exeter. Peti-
tion, Aug. 16.

BANKRUPTCIES ANNULLED.
Gazette, Aug. 15.

Moore, R. commission agent and beer retailer, Sports
man beer-house, Sun Tavern-fields, Saint George's in the
East, and 1, Aschurch-villas, New-road, Hammersmith,
Aug. 13.

Dividends.

BANKRUPT ESTATES.

portant new laws of the present Session. Orders transworks in the press, comprising the various im will be sent by post, free of cost, on the day of publi mitted immediately will secure the earliest copies, which

cation.

Partnerships Dissolved. Gazette, Aug. 12. Besley, Jones, and Co. cloth merchants and commission Debts paid by Besley. agents, Manchester, July 16. -Burdett, H. F. and Jones, J. F. surgeons and apothe caries, Birmingham, Aug. 1.--Butterfield, Sugden, Hartley, Davies, Brothers, drapers, Chester, July 30. and Co. woolstaplers and topmakers, Bradford, July 17.Debts paid by T. Davies.-Elder, C. and Jurdison, C. hotel keepers, Osborne's Hotel, Adelphi, Aug. 7.-Gladstone and Pilkington, galvanised iron manufacturers, Liverpool and opticians and nautical instrument makers, Devonport, Pontcysyllte, near Rhuabon, July 19.-Heath, W. and T. C. Aug. 8. Debts paid by W. Heath.-Hill, T. F. and Malla F. and S. corset makers and baby linen vendors, Cheltenand printers, Gloucester, June 24. Debts paid by Waring ham, Aug. 7.--Jew and Waring, booksellers, stationers, Lawrence, J. and Co. coal masters and brickmakers, lins and Rowley, solicitors, Birmingham.-Leach and Darlaston-green, Darlaston, July 31. Debts paid by RawEngland, worsted manufacturers and machine makers, Bingley, Aug. 1. Debts paid by Leach.-Moon and Co. Maranham, Brazil, as regards Vionee, Dec. 31.-Padmore and Bedwell, linendrapers and haberdashers, Rhyde, Isle a Digest of all the Criminal Cases decided during the last of Wight, Aug. 6. Debts paid by Padmore and Lane.-four years, serving as a Supplement to Archbold or Base, Parr, W. and J. joiners and builders, Litherland, Aug. 9, with Notes and Index. By EDWARD W. Cox, Esq. BarDebts paid by W. Parr.-Rosenberg, H. H. and Co. whole rister-at-law, Editor of "Cox's Criminal Law Cases," and sale and retail cigar and tobacco manufacturers, Man- W. ST. L. BABINGTON, Esq. Barrister-at-Lar. Price chester, Aug. 7. Debts paid by II. H. Rosenberg.-Rowe 58. 6d. sewn; 6s. cloth; 7s. 6d. half-bound; 94. bond and Scarratt, cement and plaster of paris manufacturers, Tranmere and Liverpool, Aug. 9.-Smith, J. and Matthews, F. W. B. drapers and silk mercers, Birmingham, Aug. 11. Steel, Brothers, and Steel and Co. boot and shoe makers, Leeds, Aug. 9.-Squire and Co. engineers and patent agents, Barge-yard, and elsewhere, Aug. 8. Debts paid by Dewrance.-Wardaan, Norton, and Co. button and trimming dealers, Gresham-st. Aug. 8.-Wildig, M., H. and Thomes, M. china, earthenware, and general dealers, Shrewsbury, March 25.

Gazette, Aug. 15.

Official Assignees are given, to whom apply for the Dividends. Alexander and Co. merchants, fourth, 3 annas company 100 sicca rupees. Whitmore, London. Alport, T. W. Allan, Son, and Co. drapers and silk mercers, St. Paul's ironmonger, first, 10d. Hutton, Bristol.-Barker, F. D. Church-yard, Aug. 13.-Atkins, E., J. and E. proprietors banker, final, 4d. Graham, London. - Chittenden, W. of the Liverpool Zoological Gardens, April 8.-Barnes, T. draper, second, 2s. 1d. Whitmore, London.--Couch, W. and Field, T. merchants, Narrow-st. Limehouse, July 7.pianoforte maker, first, 5d. Whitmore, London.-Dale, Chambers, J. and C. boot and shoe manufacturers, KidderW. boot maker, second and final, old. Stansfeld, London. minster. Aug. 11.-Cole and Scott, attorneys, Furnival's -Dimsdale, T. I. corn factor, final, 03d. Stansfeld, Lon- inn, Holborn, and Notting-hill, Aug. 14.-Crouch, J. and don.-Dixon, J. tea dealer, first, 28. 8d. Bird, Liverpool. Strong, W. builders, Wimbledon, July 2.-Daunt, Brothers, D'Oyley, R. scrivener, second, 18. 31d. Hutton, Bristol. iron merchants, Liverpool and Manchester, June 1. Debts Gatrell, J. upholsterer, second, 11 d. Whitmore. Lon- paid by W. H. Daunt.-Dawson, H. and Maddock, W. ship don.--Gordon, W. Berlin wool dealer, first, 3s. 94. Hut- chandlers and sail makers, Liverpool, Aug. 11. Debts paid ton, Bristol.-Graham, C. hosier, first, 5d. Whitmore, by Dawson.--Ford, W. and S. millers, Bank Steam Mills, London.-Howard, J. P. maltster, second, 0d. Stansfeld, Chester, July 21. Debts paid by W. Ford.-Gordon and. London.-Hunt, J. silk manufacturer, first, 1s. 1d. Pott, Mason, chemists and druggists, Weston-super-Mare, Aug Manchester.-Keevil, J. jun. draper, third, 6d. Hutton, 11.-Greening, N. and Sons, wire workers and drawers, Bristol.--Kemp, J. F. grocer, second, 2d. Graham, Lon- Warrington, Aug. 1.-Harding, R. P. Pullein, E. and don.-King, J. coach builder, second, 1s. 51d. Whitmore, Bishop, A. T. Guildhall-chambers, Basinghall-st. as regards London.-Langwith, R. builder, first, 2s. Groom, London. Bishop, Aug. 6.-Healing and Lyon, pawnbrokers, Liverpool, -Lea, G. coal merchant, first, 1s. Graham, London.-Le July 31.-Hemmings, R. and Son, needle and fish hook manuBoutillier, D. draper, second, 33d. Stansfeld, London.- facturers, Redditch, June 30. Debts paid by R. Hemming.Mackey and Holt, merchants, third, 9-16th of a 1d. Gra- Henderson and Co. upholsterers, Newcastle, July 10. ham. London. Marshall, J. coal merchant, first, 28. Debts paid by Henderson.-Hobday, J. R. and Claxton, J. Whitmore, London.-Oldfield, J. P. commission merchant, Millbank, Aug. 8.-Humphreys, R. and J. livery-stable first, 61d. Bird, Liverpool. Ridley, E. linen draper, keepers and farmers, Cheltenham, Aug. 12.-Humphrys second, 23d. Whitmore, London.-Robertson, Milligan, and Griffiths, contractors, Liverpool, Aug. 13.-Jolife, J. and Dalzell, merchants, fifth, Old. Whitmore, London.-W., H. and A. victuallers, Penton-st. Pentonville, Aug; Walley and Darkwick, linen drapers, third, 1d. Stans- 13.-Larken, E. R. Dawson, G. Toynbee, R. Heymann, L. and feld, London.-Warwick and Clagett, merchants, fourth, Holyoake, G. J. newspaper proprietors, Crane-ct. as re11d. Whitmore, London.-Wheatley, J. T. lighterman, gards Toynbee and Heymann, June 25.--Leach, R. and J. first, 7d. Stansfeld, London.-Williams, W. draper, final, attorneys, Martock, June 21.-Orford, C. W. and Male, D. Old. Stansfeld, London. architects, Birmingham, July 25. Debts paid by Orford. -Reid, T. and Co. woollen cloth merchants, drapers, hatters, and hosiers, Rochdale, Aug. 14. Debts paid by T. Reid.-Richardson, Watson, and Co. New York and Philadelphia, and Watson, W. and Co. Manchester, June 30.Rose, H. and Huggins, T. F. Strouds-vale, Islington, Aug. 2.-Shottin and Taylor, curriers, Salford, July 10.-StodAssignments for the Benefit of Creditors. dart, E. Simonds, E. W. and Hammond, J. S. ironmongers, Ashford, Aug. 13. Debts paid by Stoddart and Simonds, Gazette, Aug. 12. Broomhead, J. plumber and glazier, Bakewell, Derby-Tustin, G. and Shell, J. ginger-beer manufacturers and shire, July 22. Trusts. T. H. Armstrong, glass and lead Bentley and Co. wholesale perfumers and fine soap manu carmen, Great St. Andrew-st.-Wright, Brothers, late merchant, Chorlton-on-Medlock, and B. Thompson, butcher, Bakewell. Sol. J. Taylor, Bakewell.-Crockett, W. facturers, High Holborn, Aug. 14. Debts paid by W. H. Wright. dec. wine and spirit merchant, Leamington Priors, Warwickshire, July 7. Trust. E. Thorton, painter and glazier, Leamington Priors. Sol. A. T. Forder, Leamington Priors.-Hughes, C. grocer and draper, Holywell, Flintshire, July 16. Trusts. J. Jones, wholesale grocer, Liverpool, and J. E. Jones, provision dealer, Holywell. Sol. R. Smedley, Holywell. Raymond, E. M. chemist and druggist, Smith-st. Warwick, July 11. Trust. J. Daily. soda water manufacturer, Warwick. Sol. A. T. Forder, Leamington Priors.-Saunders, S. jun, linendraper, Mileend-road, July 17. Trusts. J. Bradbury, Aldermanbury, and H. Atkinson, Wood-st, warehousemen. Sols. Hardwick, Davidson, and Bradbury, Weavers'-hall, Basinghall-st. -Turton, G. mason and builder, Masborough, Rotherham, July 28. Trust. J. Smith, gentleman, Masborough. Sols. Hoyle and Marsh, Rotherham.-Welch, J. colour manufacturer, Love-lane, Bankside, July 18. Trusts. W. Wilson, colour merchant, Bread-st. Cheapside, T. Reid, merchant, Three Cranes-lane, Upper Thames-st. and H. Hobbs, manufacturing chemist, Gravel-lane, Southwark. Sol. C. F. Lord, Clifford's-inn.

INSOLVENT ESTATES.

Cockerell, J. P. lieutenant R.N. 3s. 5d. Apply to Mr. J. Symons, Devonport. - Topham, G. grocer, 3s. 51d. Apply to M. Jessop, esq. solicitor, Alfreton.

Gazette, Aug. 15.

Commins, S. tea dealer, Pleasant-place, King's-cross, July 16. Trusts. G. Manton, tea dealer, Eastcheap; and C. Teede, wholesale grocer, Warner's-yard, Mincing-lane.

LE

SOMERSETSHIRE.

EGAL GENTLEMEN, SURVEYORS,
AUCTIONEERS, and the Public generally of
Somersetshire and the West of England, are respectfully
informed that, at the SOMERSET COUNTY PRINTING
OFFICES, TAUNTON, Work of every description in
LITHOGRAPHY is executed with promptitude, in the
first style, and at low charges.

Specimens of Mapping, Drawings in Crayon, Law
Forms, Circulars, &c. sent, if required, to any address.
Letter-press Printing on the usual low terms. Book-
work one-third less than is charged in London.
Carriage paid to all parts of the West.
Address, Mr. WOODLEY, Somerset County Printing
Offices, Taunton.

COUNTY COURT PRACTICE UNDER THE NEW
RULES.

Just published, in 1 vol. 12mo. price 15s. cloth boards, HE PRACTICE of the COUNTY COURTS, in Six Parts. 1. Proceedings in Plaints. house.-Green, S. J. auctioneer, Hart-st. Bloomsbury- 2. Jurisdiction under Friendly Societies Act. 3. Jurisdicsquare, July 16. Trusts. P. Broad, auctioneer, Tavistock- tion under Joint Stock Companies Winding-up Act. 4. st. Covent-garden; and W. Snodin, tallow melter, Elm-st. Jurisdiction as to Insolvent Debtors. 5. Jurisdiction under Gray's-inn-road. Sols. J. and J. H. Linklater, Charlotte- Protection Acts. 6. Proceedings against Judgment Debtrow, Mansion-house.-Mitan, A. stationer, Bridge-place, ors. With the Decisions of the Superior Courts relating Paddington, Aug. 7. stationer, Skinner-st. Snow-hill. Sol. B. Smith, Basing- all the Statutes under which the County Court has Juris Trust. J. W. Cripps, wholesale thereto, and Table of Fees; also an Appendix, containing hall-st.-Peet, S. cork cutter, Edith-st. Hackney-road, diction; a List of the Court Towns, Districts, and Parishes, July 25. Trust. J. L. Bucknall, cork merchant, Crutched and the New Rules of Practice and Forms; with an Index friars. Sols. J. and C. Robinson, Queen-st.-place.-to the principal matters and Cases referred to. Wilson, II. builder, Scarborough, Yorkshire, Aug. 4. CHARLES EDWARD POLLOCK, Esq. of the Inner Trusts. W. Thomas, merchant, Hull; and T. Brewster, Temple, Barrister-at-Law. farmer, Scarborough, Sol, J. J. P. Moody, Scarborough, I S. SWEET, 1, Chancery-lane, London,

Sols. J. and J. H. Linklater, Charlotte-row, Mansion- TH

By

I. The NEW CRIMINAL STATUTES (Lond Campbell's Act for the better Administration of Criminal Justice, the Expenses of Prosecutions Act, the Criminal Offences Act), together with all the Criminal Statutes, and

II. The LAW of EVIDENCE AMENDMENT ACT, with Introduction, Notes, and Index. By EDWARD W. Cox, Esq. Barrister-at-Law.

N.B. This will be in two sizes, to bind up with the text-books: in 8vo. to bind with Taylor, Palips, Starke, &c. price 2s. 6d. ; and in 12mo. to bind with Roscoe, Archbold, &c. price 1s. 6d. Orders should state particularly which size is requered, and how bound. On Monday next,

III. The SIXTH EDITION of COX'S LAW and PRACTICE of REGISTRATION and of ELEC TIONS, comprising all the cases and new statutes to this time, with full instructions to agents for the management of registration or of an election. By EDWARD W. COL, Esq. Barrister-at-Law. Price 9s. cloth; 10s. 6d. halfbound; 12s. bound. In a few days,

IV. The FOURTH EDITION of COX and LLOYD'S LAW and PRACTICE of the COUNTY COURTS, as regulated by the new Rules of Practise and the new Statutes, comprising all the cases doc to this time, all the forms, &c. the practice in the varies dictions. Price 20s. cloth; 22s. half-bound; 24s bond. N.B.-The new Rules of Practice, with a copes Inder, in a small pocket size, for use until the above new elton of The Practice can be published, will be given without charge to any person ordering the new edition of Coz and Lloyd's Practice.

V. The NEW RULES of PRACTICE in the COUNTY COURTS, with Tables of Fees and a very copious Index. By the Editor of the County Carts Chronicle." Pocket size, price, 2s. sewacht.

VI. The PRACTICAL STATUTES of 1851. Price 6s. 6d. cloth; 88. half-bound; 1s, bound. This is designed to supply to the English Lawyer all the Arts re lating to England in a convenient form for use, salata small price, with Notes and a copious Index forrence, without burdening him with the Scotch, Irish, and Colonial Statutes. It is edited by WM. PATERSON, Esq. Barrister at-Law.

N.B.-The Vol. of PRACTICAL STATUTES for 1850 may still be had, price 7s. 6d. cloth.

T

CROCKFORD, 29, Essex-street, Strand.
NEW PRACTICE OF THE COUNTY COURTS.
In the press, and to be published in a few days,
HE FOURTH EDITION of COX and
COURTS; entirely revised and recast, so as to made
LLOYD'S LAW and PRACTICE of the COUNTY
the new RULES of PRACTICE, all the new State,
and all the cases decided to this time. Br EDWARD
W.COX and MORGAN LLOYD, Esqrs. Barristers st-Law,
Its contents are thus arranged: :-
Book I. The Courts.

Book II. The Officers, their duties and powers.
Book III. The Sheriff's Court of London.
Book IV. The Jurisdiction in-1. Common La: 1
Equity; 3. Insolvency: 4. Charity Es ates;
5. Winding-up; 6. Friendly Societies.
Appeal to the Superior Couris-1. To the S-
perior Courts; 2. Mandamus; 3. Frombi-
tion; 4. Certiorari.
Book VI. The Practice at Common Law, comprising all

Book V.

the new rules and forms-1. The Plant: 2. Summons and Particulars; 3. Hearing; 4. New Trial; 5. Execution; 6. Inter; 7. Arbitration; 8. Summons on Jadent; 9. Records; 10. Writ of Error; 11. Action by and against Executors and Adminis Book VII. Evidence in the County Courts. Book VIII. Replerin.

trators.

Book IX. Recovery of Tenements.

Book X. Proceedings for Penalties.
Book XI. Suing in forma pauperis.
Book XII. Fees and Costs.
Book XIII. Confession of Debt.

An APPENDIX contains the Rules of Practice, Ferms,
Orders, and Statutes.

[blocks in formation]

LAW TIMES Office, 29, Essex-street.
THE LAW TIMES
3, WALBROOK, opposite the door of St. Steph's
DEACON'S DINING and COFFEE-HOUSE,
throughout England, for all of which, and the Lost
Church. Also a copy of each of the Provincial pers
Papers, Advertisements are received in the office the
first floor. An Index kept to all Notices to Her West
India, French, and German Papers, Scotch, Irish, S
Also Australian, American, Cape, Ceylon, East sui West
Breakfasts ready at 8. Hot joints, twelve to tour.
Soups, Fish, Chops, Steaks, Pastry, &:/

AUGUST 30.

CONTENTS.

NOTICES TO CORRESPONDENTS

LEADING ARTICLES

Etiquette of the Bar..

209

209 209

THE LAW TIMES.

by which the conduct of defended cases tion may mar, but cannot mend it. If the public. may be accompanied have reasons for preferring less wisdom than we Page. in these tribunals little inconvenience to offer them-if they think that even justice can be at least with as all parties as in the Courts at West- too dearly purchased-it will be our duty, as concede our own opinions in deference to their desires. minster Hall; securing to the suitor the Lawyers, to bend to the fashion of the time, and 210 choice of the most experienced and skilful JOINT-STOCK COMPANIES' LAW JOURNAL-Summary... 212 advocate at a reasonable cost; avoiding the in

Letters to Lord Campbell (II.)

LEGISLATOR

New Statutes

MAGISTRATE-Summary.

[ocr errors]

REAL PROPERTY LAWYER AND CONVEYANCER........................
COUNTY COURTS-Summary

Reports

Superior Courts of Common Law.

THE LAWYER-Summary

THE LAW AND THE LAWYERS

PROMOTIONS, APPOINTMENTS, &c.
COURT PAPERS

CORRESPONDENCE

[ocr errors]

212

217

213 justice of surprise or unequal contests; re-
213 moving a very unwise restriction on the West-
215 minster Hall Bar; and saving to the Solicitor
217 in general practice the alternative of either
218 neglecting for a whole day important voca-
218 tions to play the Advocate himself for half
an hour, or surrendering to a member of
the class at present frequenting the County
Courts as Attorney Advocates, the case, the
any client
219 circumstances, or the confidence of
219 who may be plaintiff or defendant in a County
Court.

Report of the Common Law Commissioners............ 218
........ 218
The Swansea Dock Company v. Levien
Law Reform

LEGAL INTELLIGENCE.

BIRTHS, MARRIAGES, AND DEATHS

NOTICES OF NEW LAW BOOKS

JOURNAL OF PROPERTY

GAZETTES....

ADVERTISEMENTS.

To Readers and Correspondents.

218 219

219
220

"N. 8."-We have forwarded the communication to our
contributor. The letter shall have place next week.
"LEX" should apply for information upon the point to the

Law Institution.

such a source.

"L. H."-Let our correspondent read in the first place Stephen's Commentaries; and this done, he may ask again. Whatever form the ultimate changes may give to the practice of the law, a student cannot do wrong in taking the historical and elementary parts of his profession from "A SUBSCRIBER TO THE PRACTICAL STATUTES.-Your suggestion shall have attention in the preparation of the next ERRATUM. In our report of Mr. Commissioner Law's judgment in Re E. Gooding, from the Insolvent Debtor's Court last week, p. 275, line 5 from the bottom, for the

[blocks in formation]

There may possibly be Barristers who think
it redounds to their honour, whilst they travel
a hundred miles in order to attend with a guinea
brief at Assizes or Sessions, to refuse to go
half a mile to attend a County Court, without
retainer, and who having that feeling them-
putting the suitor to the expense of a special
selves, may wish to inculcate on the minds of the
junior Bar generally, that it is infra dig. to do
otherwise. The abolition of the old restriction
may also be objected to by that small section
of the other branch of the Profession whose
practice consists, not in acting within the
honourable and comprehensive province which
legitimately belongs to the Solicitor and
to the conduct of such small debt cases as the
Attorney, but in devoting their whole attention
existing system prevents Barristers being en-
Moreover, it may happen that
gaged in.
County Court judges, disliking too much
of want of tem-
per, of learning, or of ability (if by chance
exertion, or conscious
any such there be), may lament a change by
which the constant presence of a well-educated,
high-minded, and vigilant Bar may restrain
imperiousness, detect and expose ignorance,
and compel them to emulate the industry of
the Queen's judges at Westminster.

The prejudices, the selfish objections, or the
sinister forebodings of such persons must not,

THE LAW TIMES. however, be suffered to weigh against the

SATURDAY, AUGUST 30, 1851.

general good. A step has been taken in the
right direction, and unless we very much mis-
take the general feeling of the Profession, a
very short time will elapse before the foolish
internecine contests which, in print, at least,
have taken place between the Bar and the
emblematic of returning pro-
Attorneys will yield to that harmonious
adjustment
sperity, when men and things find their right
places, and all sedulously devote themselves to
their legitimate vocations.

LETTERS TO LORD CAMPBELL.
BY THE EDITOR OF THE LAW TIMES.
SECOND LETTER.

ETIQUETTE OF THE BAR. THE discussion which has within the last few months arisen as to the supposed operation of professional etiquette in preventing Barristers regularly attending the County Courts, has at length attracted the serious attention of the leaders of the Profession. It will be seen by a recent announcement in the daily papers, that at the "Grand Court" of the Northern Circuit, on the 18th August, a proposition was made, and carried by a large majority, that MY LORD,-In my last letter I sought to present there was no rule of professional etiquette to prevent a barrister holding a brief in a County to your lordship a classified summary of the defects Court without a special fee; but that, on the which, in the course of my editorial intercourse contrary, any Barrister might accept and hold with the Profession, I have found to be those to a brief in any of those courts with a fee of one which they attribute the decline of the business of It was fur-the Superior Courts of Common Law. They might guinea, if he thought fit to do so. ther resolved at the same "Grand Court," that it be yet further reduced in description to three I now prowas quite in accordance with the etiquette of words:-First, Cost; second, Uncertainty; third, the Profession for Barristers to attend and to Delay. Remove these, and the Superior Courts ceed to detail the particular evils, and describe the sit in the County Courts, and to form a bar will recover more than they have lost. there, if they thought fit to do so. remedies that have been suggested.

Now, my lord, the question is, how much can
we concede in this matter of cost? and I think I

shall be able to satisfy your lordship that we can
yield a great deal and be none the worse for it our-
selves even as a matter of profit.

Beginning with the first step in an action, why
should we not learn a lesson from the County
when one will suffice? I beg, therefore, to suggest
Courts, and let the summons state the cause of ac-
tion and particulars of demand? Why should there
be two processes, with the expense of two services,
to your lordship that a step should be taken beyond
and that an action should be commenced, as in the
the timid recommendations of the Commissioners,
County Courts, by an entry of a plaint which
should contain a statement of the demand, with
particulars, and that a copy of this should be served
with the writ of summons, abolishing the present
declaration as a distinct process. As the plaintiff
will be his interest to make it sufficiently clear and
security against surprise in the power vested in the
will, of course, be bound by his own statement, it
are shewn to be insufficient, with the added power
positive, and the defendant will have the further
Court to order further particulars, if those given
of giving costs to the party who may be put to the
cost of such application through any unfairness of
his opponent in the statement of his case.

The signature of counsel to pleadings, and the
In the statement of the case, the plaintiff should
employment of counsel for all rules and matters
help for it, however severely it may affect us.
that are of course, must be abolished. There is no
without exaggeration, in the fewest words, and
be strictly limited to a plain narrative of the facts,
with no fancy claim for damages, as now, but only
for so much as he really demands. This would
be effectually secured by holding him responsible
for the entire contents of the claim,, permitting
proof of nothing that is not there stated, and
mulcting him in costs for whatever is stated but not.
hope of judgment by default, or to prejudice a jury,
I venture to recommend to your lordship a new,
proved. As it is of very great importance to pre-
vent exorbitant demands for damages, either in the
but very simple practice, namely, to permit a de-
fendant to object to the amount of damages claimed,

If the defendant does not enter an appearance,

either with or without a general defence to the action, so that if he succeeds on this issue, and less damages are awarded than were claimed, the plaintiff shall pay the costs thus occasioned. This would be more efficient than the practice of paying money into Court, for it would be applicable in many cases where the latter is impracticable. a fixed period, judgment should in all cases go by and give notice of the nature of his defence within should be abolished; but to prevent surprise, a default for the amount of damages claimed. The power should be vested in a Judge in Chambers, writ of inquiry, as a source of delay and cost, upon good cause shewn, to suspend execution, and either to permit a trial upon the merits or to order an assessment of damages. Without such a protection defendants might be subjected to ruinous The defence, like the complaint, should be in results through accident, surprise, or craft. writing, in plain language, limited in like manner, and either a simple denial, which should put the plaintiff to proof of his whole statement, or denial of any part of it, or by an avoidance; but he should not be allowed to put in contradictory defences. ment should limit the defendant in his defence, so All the pleadings ought to be true, or at least the peril. One copy of the statement of defence should, parties should believe them to be true. The statethat, if he omits anything, it shall be at his own The outcry which has been be filed in the Court and another be served upon The consequences of There is much in a name. We hail these resolutions of the Northern an ill name are proverbial. The word demurrer is. Circuit Grand Court with satisfaction: we raised against the Cost of Justice in the Superior the plaintiff or his attorney. believe they cannot fail to meet with the ap- Courts is mainly attributable to the establishment probation of the majority of the Profession of the County Courts, which have induced comin both branches; and there cannot be much parisons by no means favourable to the former, and in that predicament. It would be wise to abolish doubt that the public also will have reason largely increased the reluctance, which has been the name, although the thing is indispensable. to approve them. The personal annoyance for growing for many years past, to adopt so expensive There must be some method by which a defendant some time past complained of, not only by pro-and uncertain a method of settling a dispute. If may say, fessional men, but merchants, traders, and we find the public deserting us, we may be sure almost every class of persons, in attending to that we have not adapted ourselves to their changed cases in the County Courts, has demanded wants-that we have not kept pace with the procedure is the perfection of wisdom, and that alterasome regulation on the part of the Profession,gress of society. It may be that, in fact, our pro

VOL. XVII.-No. 439.

I. As to CoST.

66

to

Granting the plaintiff's statement to be true, he has no legal claim against me;" and the plaintiff must be enabled to say, in like manner, the defendant, "That is no defence in law," and ment of the Court without the cost of a trial. Cal upon the question of law so raised to have the judg

it then "a case," and let it consist of a copy of the pleadings, and upon that let the argument be taken. This change of name will meet the prejudice which exists against demurrers, because of their absurd use in objections arising out of form alone.

The replication should be regulated by the same principles, and beyond that stage no pleading should be permitted. If either party has misinformed the other, he will justly suffer for it in failure at the trial to substantiate his written case and consequent

defeat.

CAP. XLIII.

An Act for disafforesting the Forest of Hainault in the County of Essex. (August 1, 1851.) CAP. XLIV.

responsibility; and I believe that if it were not for
those burthensome fees, the public would not be
dissatisfied with the actual gains of the Lawyer.
Without the abolition of the fee system, or at least
the substitution of a fixed fee-fund fee, whose An Act to continue certain Acts for regulating
amount may be readily calculated before an action Turnpike Roads in Ireland. (August 1, 1851.)
is commenced, all other reform will fail to reconcile
the public to the courts which they still venerate, An
which they have parted from with regret, and to
which they will return with pleasure, when adapted

to their new wants.

The cause being now ready for trial, the proce Thus, my lord, I have shewn, without going dure to be examined with a view to curtailment of into every minute detail, how the costs of an action costs, is the trial itself. The first manifest im- may be abbreviated, so as to satisfy the not unjust provement that offers itself, is to make a jury demands of the public, and how thus Westminster optional, and not compulsory. Let either party Hall may be in one respect enabled to compete demand a jury, but if both prefer to be tried by successfully with the County Courts, without curthe Judge alone, no reason can be assigned why tailment of the remuneration for professional serthey should not be permitted to do so. The County vices actually rendered, and which, upon careful Courts have unequivocally shewn what is the real investigation of the items, will not be found to be admiration entertained by suitors for trial by jury, overpaid. How the other classes of objections may and it is not probable that they would be less ready be removed I will endeavour to shew in my next to intrust themselves to such Judges as your lord-letter.-I have the honour to be, my lord, ship.

The great improvement which has been effected in the Law of Evidence by the Act of last Session has already removed the largest source of costs of trial which resulted from the exclusion of the parties from the witness-box, often compelling the attendance of a host of witnesses to prove by indirect testimony some fact which one party could have proved in a moment, and which the other would not have denied.

Your lordship's faithful servant,

THE EDITOR OF THE LAW TIMES.

THE LEGISLATOR.

Imperial Parliament.

NEW STATUTES.

14 & 15 VICTORIA, A.D. 1851.
[In this record of Legislation only the Statutes of practical
utility are given at length. Of the others an abstract or
the titles only are presented.]

(Continued from page 200.)

CAP. XLI.

An Act to regulate the Salaries of the Chief Justice
of the Court of Queen's Bench and the Chief
Justice of the Court of Common Pleas.
(August 1, 1851.)

[blocks in formation]

CAP. XLVI.

An Act to amend two several Acts of her Majesty's
reign, enabling the Commissioners of her Ma-
jesty's Woods to purchase Lands for and to form
Victoria-Park, and to indemnify the Trustees of
Copyhold Lands held on trust for her Majesty.
(August 1, 1851.)
CAP. XLVII.

An Act to continue the Exemption of Inhabitants
from Liability to be rated as such in respect of
Stock in Trade, or other Property to the Relief
of the Poor.
(August 1, 1851.)

CAP. XLVIII.
An Act to continue an Act of the 2nd & 3rd years
of her present Majesty to extend and render more
effectual for Five Years an Act passed in the 4th
year of his late Majesty King George the Fourth,
to amend an Act passed in the 50th year of his
Majesty King George the Third, for preventing the
administering and taking of unlawful Oaths in
Ireland, as the same is amended by an Act of the
11th & 12th years of her Majesty's reign.

CAP. XLIX.

(August 1, 1851.) An Act to repeal an Act of the Eleventh and Twelfth Years of her present Majesty, for making preliminary Inquiries in certain Cases of Applications for Local Acts, and to make other provisions in lieu thereof. [August 1, 1851.) We give this statute entire.

11 & 12 Vict. c. 129.-Whereas an Act was passed in the session of Parliament holden in the eleventh and twelfth years of the reign of her present Majesty, chapter one hundred and twenty-nine: and whereas it is expedient to repeal the said Act, and to make enacted by the Queen's most excellent Majesty, by other provisions in lieu thereof: Be it therefore and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parlia ment assembled, and by the authority of the same,

Ar the Court at Osborne-house, Isle of Wight, the 25th day of August, 1851, present, the Queen's But, my lord, this does not accomplish all most excellent Majesty in council, it is this day that might be done to abbreviate the cost of liament, which stands prorogued to Thursday, the ordered by her Majesty in council, that the Partrial. One great source of expense is the un- 4th day of September next, be further prorogued certainty of the time at which the cause to Tuesday, the 4th day of November next. will come on. In London there is a par. tial attempt to remedy this evil, at country Assizes there is none. The consequence is, that enormous expenses are often incurred in keeping a body of witnesses from day to day watching for the cause to be called on. Regulations might be made to prevent this. For instance, instead of taking causes in the order in which they are entered, let the entry and notice of trial be simultaneous, on some day before the sittings or Assizes. Then let the order of trial be determined by ballot, allotting a small number only to each day, and not adding, as now in London, a supplementary list to meet the possible case of the list for the day being exhausted. In town, if the list goes off, let the for- We give this statute entire. tunate judge enjoy his holiday; it is better that one 2&3 Wm. 4, c. 116-Salaries of Chief Justices man should be idle for a few hours than that fifty of Queen's Bench and Common Pleas. Whereas other men should be detained from their work, or by an Act of the session holden in the second and half a dozen suitors put to ruinous costs. So, in third years of King William the Fourth, chapter one the country, let the causes (be entered some days hundred and sixteen, the annual salary to be granted before the Assizes, distributed by ballot over the to the Chief Justice of the Court of Queen's Bench allotted period, and taken only on the days ap- at Wes, and the annual salary to be granted to the at Westminster is fixed at the sum of ten thousand pointed. If, as it would sometimes happen, one Chief Justice of the Common Pleas at Westminster Cause should occupy the day to the exclusion of the at the sum of eight thousand pounds: and whereas rest, do not disturb the entire chain, but let those from the death of the Right Hon. Charles Lord who were so unlucky as to be thrown over the day Tenterden the salary of eight thousand pounds has be placed at the end of the list (for which allow-been granted to and accepted by the Chief Justice ance of blank days should be made in the allot- for the time being of the said Court of Queen's ment), and thus, instead of all suffering, as now Bench instead of the said salary of ten thousand they do, by the interference of a tedious predecessor, the inconvenience will be limited to a few. Probably ingenuity will suggest some better plan even than this for abating, if not curing, one of the greatest vexations and most prolific source of ex-that the salaries of the said offices of Chief Justice either House of Parliament, all such statements and pense to which suitors are subjected.

Lastly, my lord, unless notice of intention to move for a new trial be given within a short period, say four days after trial, and security given for the verdict and costs, in the manner which I shall hereafter suggest as necessary to prevent abuses, execution should issue on the application of the party

entitled to it.

Thus I have shewn how procedure may be abbreviated, with a great curtailment of expense, and without any sacrifice of substantial justice.

pounds: and whereas the salary of seven thousand
pounds has been granted to and accepted by the
present Chief Justice of the said Court of Common
Pleas instead of the salary of eight thousand pounds
fixed by the said Act: and whereas it is expedient

1. Recited Act repealed. That in respect of all future applications to Parliament for local Acts the said recited Act shall be and the same is hereby repealed.

2. Where works proposed on tidal Lands, Admiralty may require Statements, &c.-Whenever application shall be made to Parliament for a on the shore of the sea, or of any creek, bay, arm of Bill whereby power is sought to construct any works the sea, or navigable river communicating therewith, or to construct any bridge, viaduct, or other work across any creek, bay, arm of the sea, or navigable river, or to construct any work affecting the naviga tion of any harbour, port, tidal water, or navigable river, it shall be lawful for the Lord High Admiral, or for the Lords Commissioners for executing the office of Lord High Admiral, to require the promoters of such Bill to deposit at the office of the Admiralty, in addition to the plans, sections, or other documents which may have been deposited at such office in compliance with the Standing Orders of

such

of the said Court of Queen's Bench and Chief other documents as the said Lord High Admiral or Justice of the said Court of Common Pleas should Lords Commissioners shall deem necessary to explain be regulated as hereinafter mentioned: be it there- the objects of the intended application to Parliament, fore enacted by the Queen's most excellent Majesty, and the proposed interference with such tidal lands by and with the advice and consent of the lords, or navigation, as the case may be. spiritual and temporal, and commons, in this present 3. Admiralty may appoint inspectors-It shall Parliament assembled, and by the authority of the be lawful for the said Lord High Admiral or Lords same, that the salary payable to the Chief Justice of Commissioners, if they shall consider the same the Court of Queen's Bench at Westminster shall necessary or expedient, but not otherwise, to appoint be (and shall as from the time of the death of the a competent person or persons to be an inspector of said Charles Lord Tenterden be deemed to have inspectors, for the purpose of inquiring, been) reduced to the yearly sum of eight thousand manner and at such time and place as they shall But there is one cause of costs in an action which pounds, and the salary payable to the Chief Justice direct, into all such matters as they shall deem must be wholly swept away, before any perceptible of the Court of Common Pleas at Westminster shall necessary to enable them to report to Parliament improvement can be accomplished. The fees of be (and shall as from the time of the resignation of their opinion upon every such Bill touching the court must be abolished. They are the most for such office by the Right Honourable Thomas Lord jurisdiction or authority of the Lord High Admiral. midable obstacle to the diminution of costs. They Truro be deemed to have been) reduced to the yearly are of incalculable injury to the Profession, for they sum of seven thousand pounds, such salaries rego to the account of the Lawyer's bill, and the spectively to be subject to the provisions of the said Attorney, not the real offenders, bears the brunt of Act of the second and third years of King William the client's wrath. Your lordship knows how the Fourth concerning the salaries granted under the considerable a portion of the entire bill of costs in authority of that Act. an action at law consists of court fees, which the

Attorney or agent is compelled to pay out of his pocket for months, sometimes for years, before he is repaid: how small, apart from these, is the actual reward of the Attorney for his skill, anxiety, and

4. Inspectors may summon witnesses and examine them upon oath. For the purposes of such inquiry the said inspector or inspectors may, by summons under his or their hands, summon before him or them any person having the custody of any map, survey, or book made or kept in pursuance of any Act of Parliament, to produce such map, survey, or book for his or their inspection, and the said inspec An Act to make better Provision for the manage-tor or inspectors may summon, in manner aforesaid, ment of the Woods, Forests, and Land Revenues, any other person whose evidence shall, in the judg of the Crown, and for the direction of Public ment of the said inspector or inspectors, be material Works and Buildings. (August 1, 1851.) to his or their inquiries, and pay or allow to every

CAP. XLII.

such person so summoned by him or them the reasonable charges of his attendance; and the said inspector or inspectors shall also have power to administer an oath to all persons who may be examined by him or them touching the premises.

portion of their annual value as land, and under the
secondly-recited Act as and in the same proportion
of their annual value as land used as arable, meadow,
or pasture ground only.
CAP. LI.

An Act to authorise, for a further Period, the Appli-
cation of Money for the purposes of Loans for
carrying on Public Works in Ireland.

CAP. LII.
An Act to facilitate the more
absconding Debtors.

(Aug. 1, 1851.)

speedy Arrest of
(Aug. 1, 1851.)

5. Penalty for non-attendance, or refusing to answer questions.-Any person being summoned by such inspector or inspectors, who, after the delivery to him of such summons as aforesaid, or of a copy thereof, shall wilfully neglect or refuse to attend in pursuance of such summons, or to produce such maps, surveys, books, or other documents as he may be required to produce under the provisions hereinbefore contained, or to answer upon oath or other- We give this statute entire. wise such questions as may be put to him by such Whereas the laws now in force for the arrest of inspector or inspectors under the powers herein con- debtors absconding from England are insufficient tained, shall be liable to forfeit and pay a penalty and inadequate for that purpose, by reason of the not exceeding five pounds, which may be recovered delay which is occasioned in obtaining the necessary before any two or more justices having jurisdiction process: and whereas frauds are perpetrated upon within the town, district, or place wherein such in- creditors residing at a distance from London by quiry shall be held; and on conviction of the debtors embarking for distant countries from various offender, and in default of payment of any such towns and seaports in England: and whereas it is penalty, such justices shall be empowered and re-expedient to provide a more expeditious and efficaquired to cause the same to be levied by distress and cious mode of obtaining process for the arrest of sale of the goods and chattels of the offender, by debtors about to quit England in all cases where warrant under their hands and seals; and such such debtors are now liable by law to be arrested: penalty shall be paid to the treasurer of the county Be it therefore enacted by the Queen's most excelwithin which such conviction shall take place in aid lent Majesty, by and with the advice and consent of of the county rate; provided that no person, other the Lords Spiritual and Temporal, and Commons, than the promoters of the proposed Act, or their in this present Parliament assembled, and by the agents, shall be required to attend in obedience to authority of the same, as follows:any summons, unless the reasonable charges of his attendance be paid or tendered to him, nor to travel in obedience thereto more than ten miles from his usual place of abode.

7. Petitioners for private Bill to be deemed the promoters.-The persons whose names shall be subscribed to the petition for any private Bill shall be deemed to be promoters of such Bill for all the purposes of this Act, notwithstanding the persons subscribing such petition shall have signed for or on behalf of any other party.

8. Form of citing the Act.-In citing this Act in other Acts of Parliament, and in legal and other instruments, it shall be sufficient to use the expression "The Preliminary Inquiries Act, 1851."

CAP. L.

An Act to amend the Public Health Act, and an

Act of the Third and Fourth Years of King
William the Fonrth, in respect of the Assess-
ment of Tithe and Tithe Rentcharges for certain
Rates.
(August 1, 1851.)

3. Warrants to be auxiliary to such writ of capias.-The warrant or warrants which shall be issued by virtue of this Act shall be auxiliary only to the processes now in use, and shall be wholly void and of none effect whatsoever, as a protection to the person on whose behalf such warrant shall have issued, unless such writ of capias shall be issued

and served in manner aforesaid.

4. Time and place of arrest of debtor to be endorsed upon warrant, and upon production sheriffs to receive and detain such debtor.-The person to whom the warrant hereby authorised to be issued shall be directed shall, immediately on the same being executed, endorse a certificate thereupon of the time and place where the debtor was arrested; and the production of such warrant and certificate to the sheriff of the county where such warrants shall have issued, or to the keeper of the gaol of such county, shall be a sufficient authority to such sheriff or keeper to detain such debtor or debtors until he or they shall be discharged by due course of law.

5. Persons arrested entitled to discharge in certain cases.-It shall be lawful for any person arrested upon any such warrant forthwith before the issuing of the said writ of capias to pay the debt and costs which shall be endorsed on such warrant to the said messenger or high bailiff as aforesaid, or to enter into a bail bond to such messenger or high bailiff, with two sufficient sureties, for the amount which shall be endorsed on such warrant, conditioned ta put in special bail as required by the said warrant, or to make deposit of the sum endorsed on such warrant, together with ten pounds for costs, and thereupon he shall be entitled to be discharged from custody, and such messenger or high bailiff, hereby authorised to discharge such person accordingly..

6. Effect of writs of capias on previous proceedings.-As soon as the person so arrested as aforesaid has been taken into custody, or detained, under thewrit of capias hereinbefore mentioned, the force and effect of the said warrant so granted as aforesaid shall immediately cease and determine, and the said sheriff shall hold the said person under or by virtue of the said writ of capias, in like manner as if the said person had been first arrested under and by virtue of the same, or in case the person so arrested shall have made deposit with the said messenger or high bailiff as aforesaid, or entered into such bail bond as aforesaid, then, upon delivery to the messenger or high bailiff respectively by whom such person was arrested of a copy of the warrant granted by the sheriff upon such writ of capias as aforesaid, the said messenger or high bailiff shall pay over to such sheriff as aforesaid the said deposit, or assign to the said sheriff such bail bond as aforesaid, and the said sheriff shall then hold the said deposit or bail bond, and shall be entitled to enforce the said bail bond in his own name, or to assign the same in the same manner as if the said person had been first arrested on the said writ of capias, and the said deposit had been made, or bail bond entered into with the said sheriff; provided always, that the said sheriff shall not be in any manner liable or answerable for any default, misbehaviour, or miscarriage of the person to whom such warrant was addressed, or of the person or persons making the arrest under and by virtue of the said warrant: Provided also, that if no writ of capias be issued and served within seven days from the date of the said warrant, including the day of such date, the person arrested under such warrant shall be entitled to be discharged from custody, or in case the deposit has been made with, or bail bond given to, the said messenger or high bailiff, then the said deposit shall be returned, and the said bail bond be given up to be cancelled.

1. Authority to Commissioners of Bankruptcy and judges of County Courts to grant warrants for the arrest of absconding debtors-Writ of capias to issue thereupon.-That from and after the passing 6. Admiralty may take security for payment of of this Act it shall be lawful for any commissioner expenses of inquiry.-Before instituting any such of the Court of Bankruptcy acting for any disinquiry the said Lord High Admiral or Lords Com-trict in the country, or the judge of any district missioners may, if they think fit, require and take County Court, except the County Court Judges, such security for the payment of the whole or any acting in the counties of Middlesex and Surrey, part of the costs, charges, and expenses to be in- on application by or on behalf of any creditor, curred by them in respect of such inquiry (including upon due proof by affidavit, intituled in one of her the remuneration of the inspectors) as to them shall Majesty's Superior Courts of Common Law, of the seem fit; and whenever any such security is given, creditor applying, or of some other person, or by the costs, charges, and expenses in respect whereof solemn affirmation in cases in which solemn affirmait is given shall, to such amount as shall be certified tion is allowed by law, to the satisfaction of such by the said Lord High Admiral or Lords Commis- commissioner or judge, that a debt of twenty pounds sioners (not exceeding the extent or amount of such or upwards is owing to such creditor, and is then security), be a debt due to her Majesty from the payable from the person or persons against whom person or persons respectively by whom the same is such application shall be made, and that there is entered into. probable cause for believing that such debtor or debtors, unless he or they be forthwith apprehended, is or are about to quit England with intent to avoid or delay the said creditor, or with intent to remain out of the jurisdiction of the Courts of Law in England so long that thereby the said creditor will or may be delayed in the recovery of the said debt, to grant a warrant, such warrant being in the form and endorsed in the manner specified in the schedule A to this Act annexed, or to the like effect, to the messenger of the said Court of Bankruptcy, or to the high bailiff of the said County Court, whereby the said messenger or high bailiff shall have authority, at any time within seven days after the date of the said warrant, including the day of such date, to arrest the person or persons named in such warrant, and him or them safely keep until he or they shall have given bail to such messenger or high bailiff, or 3 & 4 Wm. 4, c. 90.-11 & 12 Vict. c. 63.-Tithes made deposit with him, according to the practice and tithe rentcharyes, &c. to be assessed as land.- observed in the superior courts of law, or until he Whereas by an Act passed in the session of Parlia- shall have paid the debt and costs endorsed on the ment of the third and fourth year of his late said warrant, or be otherwise discharged from arrest Majesty King William the Fourth, intituled "An under such warrant by due course of law, and that Act to repeal an Act of the eleventh year of his late such warrant shall bear date the day of the issuing Majesty King George the Fourth, for the lighting thereof, and may be executed in any part of England, 7. Indorsement on warrant.-Such warrant shall and watching of parishes in England and Wales, and and that a copy of such warrant or warrants shall at be indorsed with the amount of debt and costs to make other provisions in lieu thereof, it is pro- the time of the arrest be served upon the party claimed by the plaintiff in such manner as writs of vided, that in levying any rate necessary for the pur- arrested: Provided always, that every creditor who capias are now directed to be endorsed, and on poses of the said Act, the owners and occupiers of shall cause such warrant to issue shall forthwith payment of the amount so indorsed all proceedings houses, buildings, and property (other than land) cause to be issued a writ of capias, and also, in cases shall be stayed, and the person so arrested be disrateable to the relief of the poor in any parish shall where no action shall be pending, shall, before the charged from custody, and he shall be at liberty be rated at and pay a rate in the pound three times issuing of such writ of capias, cause a writ of sum-afterwards to tax the costs so indorsed as if he had greater than that at which the owners and occupiers mons to be issued out of some one of the superior been arrested under a writ of capias. of land shall be rated at and pay for the purposes of courts of law against such debtor or debtors, and 8. Persons arrested may apply to a commissioner said Act: and whereas by an Act passed in the ses- that upon such capias all mandates and warrants of bankrupt, a judge, or the court named in the sion of Parliament of the eleventh and twelfth year shall issue according to the practice now in use, not-warrant, for their discharge.-It shall be lawful of the reign of her present Majesty, intituled, "An withstanding that the defendant shall have been for any person for whose arrest a warrant shall have Act for promoting the Public Health," it is, among arrested by virtue of any warrant or warrants other things, provided, for the purposes of the said granted by such commissioner or judge, and such last-mentioned Act, that the occupier of any land debtor or debtors shall, if in custody, be served with used as arable, meadow, or pasture ground only shall such writ of capias, within seven days from the date be assessed in respect of the same in the proportion of such warrant, including the day of such date; of one-fourth part only of the net annual value and thereupon such debtor or debtors shall be conthereof: and whereas it is just that tithes, tithe sidered and deemed to have been arrested by virtue rentcharges, and other like payments issuing out of of the said writ of capias, and all proceedings shall land should be assessed for the purposes of the said be had upon such writ of capias as if the same had Acts in the same proportion of their net annual been issued prior to the issuing of such warrant, and value as such land itself: be it enacted by the the arrest made on such writ of capias, and accordQueen's most excellent Majesty, by and with the ing to the practice now observed in the said superior advice and consent of the lords spiritual and tem- courts of law. poral, and commons, in this present Parliament assembled, and by the authority of the same, that tithes, tithe rentcharges, moduses, compositions real, and other payments in lieu of tithe, shall be assessed under the firstly-recited Act as and in the same pro

2. Before whom affidavits to be sworn. -The affidavit or affirmation required by this Act may be sworn or made before such commissioner or judge, or before any person having authority to administer oaths in any of the courts of law aforesaid.

been granted to make application, either before or after arrest shall have been made by virtue of the said warrant, and before a writ of capias shall have been issued as aforesaid to any commissioner of bankrupt, or County Court judge as aforesaid, or to any judge of the said Superior Courts, or to the court mentioned in the affidavit of debt or warrant for the arrest, for a summons or rule calling upon the creditor who shall have obtained such warrant to shew cause why the warrant should not be set. aside and vacated, if such application shall be made before arrest, or why the debtor should not be discharged out of custody, if the application should be made after arrest, and that it shall be lawful for such commissioner or judge or court to make absolute or discharge such summons or rule, and direct. the costs of the application to be paid by either party, or to make such other order therein as to

such order.

such commissioner, judge, or court, shall seem fit; provided that any such order made by a judge may be discharged or varied by the Court, on application made thereto by either party dissatisfied with ·9. Officer responsible for the due execution of warrant. The officer to whom such warrant shall be directed or addressed as aforesaid shall be subject to the jurisdiction of the Court in which the action shall be brought, or of any judge thereof, and shall be responsible to such Court or judge, and to the person at whose suit such warrant shall issue, for the due execution of the said warrant, in the same manner exactly as sheriff's are now responsible for the due execution of all writs of capias directed or addressed to them, and shall be entitled to the same protection as sheriffs now are entitled to on executing such writs.

10. Costs of such warrant to be costs in the cause, except as herein provided to the contrary. The costs of and attending the warrant hereby authorised to be issued, and the arrest thereon, shall be deemed to be costs in the cause: Provided always, that no such costs shall be allowed to a plaintiff unless the Court or the proper officer thereof is satisfied, by affidavit or otherwise, that the plaintiff had good reason to believe that he would probably have failed in causing the defendant to be arrested if he had proceeded in the first instance by application to a judge of one of the Superior Courts for a writ of capias, without first applying to a judge of a County Court, or a commissioner of the Court of Bankruptcy, as the case may be, under the provisions of this Act.

costs, or on payment to such officer of the debt and
costs endorsed on this warrant, or on entering into a
bail bond to such officer, with two sufficient sure-
ties, for the amount endorsed on this warrant.
The plaintiff claims
for debt and
for costs.

Bail for the sum of

will be considered as arrested by virtue of such writ the death of the deceased was caused, need
of capias, and all proceedings will be had upon the not be set forth; nor will it be necessary in
said writ of capias as if this warrant had not issued,
or you may be discharged forthwith on depositing in cases of forgery, uttering, stealing, embezzling,
the hands of the officer to whom this warrant is di- destroying, concealing, or obtaining by false
and ten pounds for pretences any instrument to prove that the
rected the sum of
intention was to defraud any particular person,
but it shall be sufficient to prove the defendant
did the act charged with an intention to de-
fraud. A party indicted for felony or misde
meanour may be found guilty of an attempt to
by order of commit the same, and shall be liable to the
same consequences as if charged with and
convicted of the attempt only. The 11th
section of 7 Wm. 4, and 1 Vict. c. 85, are then
repealed, and in lieu thereof there are the fol
£0 10 lowing enactments. On the trial of an indiet
ment for robbery, the jury may convict of an
0 6 8 assault with intent to rob. A very important
and useful clause then enacts that a person
050 who is tried for a misdemeanour, is not to be
1 10 acquitted if the case turns out to be felony,
unless the Court should so direct. Many
miscarriages of justice will be prevented by
this valuable clause. So a person indicted for
0 0 6 embezzlement as a clerk is not to be acquitted
if the offence turn out to be larceny, and vice
versa. Persons indicted for jointly receiving,

[the party issuing the warrant].
SCHEDULE B.
Fees.
To the attorney, for preparing the affida-
vit of debt, and shewing that the
debtor is about to abscond, and oath..
To the same, for attending to issue the

warrant..

To the clerk of the County Court on the
issuing of a warrant

To the party executing the warrant, for
the caption

To

the same, for every mile from the
place where the warrant shall be issued
to the place where it shall be executed,
a further sum of.

To the same, for every mile from the
place where the debtor shall be arrested
to the gaol where he shall be lodged,
the further sum of .....

THE MAGISTRATE,
AND PAROCHIAL AND MUNICIPAL LAWYER.

[ocr errors]

11. Fees to be taken in respect of warrant to be issued.-The fees mentioned in Schedule B. to this Act annexed shall be paid to the parties in the said schedule named, and that no other fees shall be allowed or taken in respect of the warrant to be issued by virtue of this Act, and that the costs of the writs of capias and summons shall be the same as if this Act had not passed; and the said fees shall NEXT after the Act to amend the Law of

be deemed subject to be regulated, varied, increased, or lessened, either by one of her Majesty's principal Secretaries of State, with the consent of the Commissioners of her Majesty's Treasury, as regards such fees as are receivable by any officer of the County Court, or by the Lord Chancellor, with the like consent as regards such fees as are receivable by any officer of the Court of Bankruptcy; and a table of such fees as are hereby receivable by any officer of either Court respectively shall be put up in some conspicuous place in the County Court and the Bankruptcy Court respectively.

Summary.

0 1 0 if it turn out they received separately, may be convicted; and in the absence of the principal felon, separate accessories and receivers may be included in the same indictment. Three larcenies from the same person within six months may be included in the same indictment. Where a single taking is charged, whilst the taking was at several times, the Evidence, the most important statute affecting prosecutor shall not be required to elect on which taking he will proceed, unless it appear proceedings in our courts of law passed last there were more than three takings, or more session was Lord CAMPBELL'S Act for further than six months between the first and last. improving the administration of criminal jus- Coin and bank notes may in future be described tice, 14 & 15 Vict. c. 100, which we gave simply as money. Then follow some clauses in extenso, 17 Law T. 186. That the changes of importance, extending certain provisions of which this statute works were greatly needed, 23 Geo. 2, C. 11, and 31 Geo. 3, c. 1, an the experience of every one attending our Criminal Courts must have afforded a well-enacting that Judges of the Superior Courts, Justices of the Peace, Commissioners of Bankfounded conviction. It is a practical movement in accordance with the philosophical Courts, Sheriffs in the Courts, may ruptcy and Insolvency, Judges of County disposition of late years manifested, to sweep direct persons guilty of perjury to be prose away all cumbersome and useless forms and technicalities, and to simplify proceedings as far as is consistent with certainty and distinctness. The purpose of the Act is well recited in the preamble, which states, that inasmuch as offenders frequently escape conviction by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case, and as such technical strict of this Statute, calculated, as it is, to effect great and salutary changes in the practice at tioned in the absconding Debtors Arrest Act, 1851. ness may be relaxed in many instances so as criminal trials. As the Act comes into opera tion immediately, and the Sessions are not far distant, an endeavour will be made to hasten the completion of the volume of Practical Statutes of the Session, in which it will, of course, be included, so as to meet the wants

12. Short title of Act.-In citing this Act in other Acts of Parliament, or in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Absconding Debtors Arrest Act, 1851."

SCHEDULE A.

The Absconding Debtors Arrest Act, 1851. Whereas A. B. [the creditor] hath this day proved upon oath for solemn affirmation, as the case may

be,] to my satisfaction that C. D. [the debtor] is
indebted to the said A. B. in the sum of £
and that there is probable cause for believing that
the said C. D., unless he be forthwith apprehended,
is about to quit England with such intent as is men-

hereafter

until bail found. And on trials for perjury or cuted, and may order them to be committed subornation, a certificate of the trial of the mitted shall be sufficient evidence of such trial, indictment on which the perjury was com Formal objections in future are to be taken before the jury are sworn. Such is an outline

the Profession.

of

These are to desire and authorize you, that you take to insure the punishment of the guilty without the said C. D. wheresoever he may be found, and depriving the accused of any just means of him safely keep until he shall have given you bail, defence; and as a failure of justice often takes or made deposit with you according to law in an place on the trial of felonies and misdeaction ["on promises," or "of debt," or covenant,' as the cause of action may be,] at the suit meanours, owing to variances in the indictof A. B., or until the said C. D. shall have paid the ment, and the proof of names, dates, matters, debt and costs endorsed on this warrant, or shall by and circumstances not material to the merits, We give below the Practical Suggestions of other lawful means be discharged from your custody. and by the misstatement of which the person the Committee on the Law of Settlement, as I do further command you to whom this warrant is on be prejudiced in defence; it directed, that on execution hereof you do deliver a is therefore enacted, that from the comings of they appear at the conclusion of the report. copy hereof to the said C. D. And I hereby require this Act into operation on the 1st of September made forthwith to the Court of [Queen's Bench, or

the said C. D. to take notice that application will be

day of

A.D.

[blocks in formation]

Common Pleas, or Exchequer, or Common Pleas at for felony or misdemeanour, there shall appear Lancaster, or Pleas at Durham, as the case may be,] any variance between the indictment and the for a writ of capias to be issued against the said evidence offered in proof thereof in the name of C. D., and a copy of such writ if obtained will be seven days from the date of this warrant, including name or description of any person or persons; ONLY one case of interest to Joint-Stock served upon the said C. D., if still in custody, within any county, city, town, or parish; or in the seven days from the date of I do further, command or in the name or description of any matter of Companies has appeared since our last weekly you to whom this warrant is directed, that imme-thing; or in the ownership of any property review, and that is a railway casediately after the execution hereof you do certify by named or described therein, it shall be lawful Shrewsbury and Chester Railway Compairey endors ne shall have executed the same. Dated the to the Court, if it con, and that the defendant Company, 17 Law T. 275. Li app company cantent hereon the time and place when and named or it sharia lawful The Shrewsbury and Birmingham Real that This warrant is to be executed within days cannot be prejudiced thereby, to amend the the Shrewsbury and Chester Railway Company from the date hereof, including the day of such date, same; and the Court may either proceed with had entered into a contract with the Shrewsor postpone the trial, to be heard before the bury and Birmingham Railway Company as of amendments, verdicts and judgments are railway; but the latter company asserted that another jury; and after such to a certain mode of working their line of to be valid as if the indictment had been the contract was void, and proposed to enter Within seven days from the day of the date of this originally in the amended form. In future, in into an agreement with another railway com be served with a writ of capias, and thereafter you the manner in which, or the means by which, and terminated, would be vitiated. The Court warrant, including the day of such date, you will any indictment for murder or manslaughter, pany, in which event the contract, if not invalid

[blocks in formation]
« EelmineJätka »