TO THE EDITOR OF THE LAW TIMES. SIR,-We live in an age when much is introduced to lessen the incomes of attorneys, and I think innovations that we can stay we ought to stay.

There can be no doubt attorneys are some of the best customers bankers have, and they should therefore restrain their clerks, who, in very many instances, perform what strictly belongs to attorneys, particularly testamentary matters.

I am of opinion this is a subject for discussion, and I am anxious to hear if my brethren approve of a meeting in London. I am, Sir, yours, &c.

OXFORD CIRCUIT. MONMOUTH, August 7.-The commission was opened here yesterday by Mr. Baron Martin. The Crown Court was opened for business to-day at ten, and the Nisi Prius at twelve. In the latter court were four causes for trial, of which one was marked the attention of the court all day. The calendar for a special jury-two of the others have engaged contained the names of 50 prisoners. Of these 2 are charged with perjury, 3 with forgery, 5 with burglary and housebreaking, 2 with assault and robbery, 2 with murder, 9 with stabbing, cutting, and wounding, 1 with assaulting a constable, 1 with bigamy, 1 with rape, and the rest with larcenies and other cases commonly disposed of at sessions.

GLOUCESTER, Aug. 9.-The commission for this city was opened this evening, the judges being Baron Martin and Mr. Justice Erle. Business will commence on Monday; Mr. Justice Erle sitting at Nisi Prius, and Baron Martin in the Crown Court. The calendar is unusually light for a Gloucester ad-assize, but there are two prisoners charged with murder; two with manslaughter; two with rape; and several with burglary, forgery, and highway robbery.

other courts for the same ground of complaint. the room of James Andrew John Lawrence Charles on the Civil Side, and Mr. Baron Alderson in the

opened before his lordship on his arrival. Yesterday, having attended divine service, his lordship proceeded to court at 11 o'clock, and having charged the grand jury, began with the civil business. The calendar contained the names of seven prisoners, all charged with ordinary larcenies. There were two

causes-an ejectment and a trespass to try a right

of road.

full of matter tempting to quotation, but with new
statutes and reports pressing upon us, the arrears
of the legal year, we must content ourselves with a
single passage:-

enforced by the same honourable feeling which now acts upon the Profession with more than the strength of a law.

Such an arrangement we hope to be the means of Even in this reign we have clear evidence that bringing about as soon as the Legal Year begins, common pleas still continued to be heard in the Ex- and till then we trust that on neither side will anychequer. In 5 Edward I. the king addressed a writ thing be said or done to provoke rivalry or ill will. to the barons of that court, prohibiting them from Let us remain as we are for the present, resolved, if holding a certain plea between private parties then it can be done, that the interests of all shall be probefore them, or any other common pleas, contrary tected, and the status of the whole Profession mainto the tenor of Magna Charta. This was repeated tained. It must not commit suicide. By temin the Statute of Rutland, 10 Edward I. 1282, perate and judicious conduct just now, in this crisis whereby, after stating that pleas were taken in the of its fate, we believe it may be made more flourishExchequer, which did not concern the king and the officers of that court, by which not only the king's ing than it has ever yet been. pleas, but the causes of the people were unduly prorogued and impeded, it is expressly enacted that no plea shall be holden there unless it specially concerns the king or the said officers. Again, in the Articuli super Cartas, 28 Edward I. 1380, a similar provision was introduced and so difficult was it entirely to stop the practice, that the prohibition was renewed by a royal ordinance two years afterwards.

LIVERPOOL, Aug. 24.-These assizes commenced yesterday afternoon, at four o'clock, in the Crown Court, before Mr. Bliss, Q.C. who had been deputed by their lordships, Mr. Baron Platt and Mr. Justice Williams. The court list contains the names of 192 prisoners. Of these, 7 are charged with murder, two persons being jointly charged in one of the cases, namely, James Waddington and his wife, for the murder of their step-daughter, at Manchester. The other murder cases are those of Thomas Threlfall, an ex-policeman of this town, for the murder of his wife, nineteen years ago, and Ann Shaw, for killing her infant child, at Ashton-under-Lyne; Elizabeth Swinnerton, for causing the death of her stepdaughter by starvation and ill-usage; Mary Ann Powell (supposed to be insane), the wretched woman who so recently destroyed two of her children in this town, under the most distressing circumstances; and The court was generally held at Westminster, but a man from Manchester, for the murder of an inmate some instances occur during this reign of its being of a house of ill-fame. None of these cases, how-held in other places. In Michaelmas, 8 Edward I. ever, except from the fact of the enormity of the it sat at Shrewsbury; in 18 Edward I. it was ordered offences charged, are likely to possess more than to be transferred to the husting of London, and in ordinary interest. the twenty-sixth year the king caused it to be removed to York, commanding the sheriff to fit up the castle hall with a square chequer-board, and seats for the treasurer, barons, and officers, with a bar for those who attend to plead there.

NORTH WALES CIRCUIT. CHESTER, Aug. 11.-The business of the assizes for this county commenced this day at the Castle. The calendar contains the names of fifty criminals, of whom two are charged with murder, ten with highway robbery, two with rape, nine with burglary, one with arson, and the rest with various other offences. Mr. Justice Talfourd presides in the Crown Court, and Mr. Justice Wightman on the other side. The cause list is heavier than it has been for many years past. It contains twenty-one entries, of which four are special jury cases.

NOTICES OF NEW LAW BOOKS.

Patentable Invention and Scientific Evidence. with an Introductory Preface. By WILLIAM

SPENCE. London: Stevens and Norton. THE great alterations that have been made in the patent law will occasion a general demand for such a treatise as this, which is a learned essay on the nature of Scientific Evidence in its application to Patentable Inventions. It reviews all the cases in which this question has been raised, points out the defects in the existing system, and proposes some improvements, which will be well worthy of the attention of those to whom will be intrusted the investigation of applications for patents under the new régime.

Vols.

The Judges of England: with Sketches of their
Lives, and Miscellaneous Notices connected with
the Courts at Westminster. From the time of
the Conquest. By EDWARD Foss.
3 and 4. Longman and Co.
THE two first volumes already published of this
work, so interesting to the lawyer, contained, we
cannot say the biographies, but the records of no
less than 605 judges who flourished in eight reigns.
As the period of legal memory commences we find
that more has been preserved for the information
of posterity, and accordingly the present volumes,
which extend from the reign of Edward the First to
that of Richard the Third, do not contain more
than about 300 notices, very few of which are en-
titled to be termed biographies. But this is not the
fault of Mr. Foss, but of his subject; and perhaps
it is fortunate both for himself and his readers;
for if Lord CAMPBELL could make so many plea-
sant volumes out of the Lives of the Lord Chan-
cellors and Chief Justices, to what a library would
Mr. Foss's work extend if, in addition to all that
Lord CAMPBELL has given, he were to produce at
equal length, the Lives of the Judges, both of the
Courts of Chancery and of the Common Law.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.

BRIGHT.-On the 12th inst. at One Ash, Rochdale, the
wife of John Bright, M.P. of a son.
FALKNER.-On the 9th inst. at Sion-cottage, Sion-hill,
Bath, the wife of Francis Falkner, esq. of a daughter.
HARDCASTLE. On the 12th inst. at Brighton, the wife of
UHTOFF.-On the 12th inst. at Stonefall, near Knares
Joseph Hardcastle, esq. barrister-at-law, of a son.
borough, the wife of Edward Uhthoff, esq. of a son.
MARRIAGES.

BAGOT, the Hon. William, M.P. to the Hon. Lucis Agar
Ellis, eldest daughter of the Lady Dover, on the 13th
inst. at St. James's Church.

BEVAN, Frederick Robert, esq. second son of Robert Bevan, of Bury St. Edmunds, esq. banker, to Eliza, younger daughter of the late Robert Emlyn Lofft, of Troston Hall, esq. on the 7st inst. at Troston Church, Suffolk. BROWNE, Charles, esq. M.A. late Scholar of Worcester College, Oxford, and of Lincoln's-inn, barrister-at-law, to Mary, fourth daughter of James Nicholson, esq. of Kingsland, on the 12th inst. at the Church of the Holy Trinity, Tottenham.

been equal in rank, having no other distinction than
The barons of the Exchequer seem all to have
that of seniority. The office of chief baron had not
yet been introduced; although some authors so de- FREELING, Charles Rivers, esq. of Queen Anne-street,
signate Adam de Stratton when he was disgraced and
fined, in 18 Edward I.; and Dugdale inserts William
de Carleton in his list, with that title, in 31 Edward I.

Stratton, however, was only an officer, and not even
a baron of the court; and the authority quoted by
Dugdale in support of his assertion as to Carleton,
So far from establishing it, contains no expression
capable of such an interpretation, but grants pre-
cisely the same salary, forty marks per annum, to
him and to Peter de Leicester, they being then the

two senior barons.

:

The Issue Roll of 19 Edward I. contains an entry
of some curious payments made to the usher of the
Exchequer from which we learn that the salary of
that officer was 5d. a day; that three scribes had
each the same salary; that the two chamberlains
received 8d. a day, and the four tellers only 3d. a
day.

A preliminary chapter to each reign describes the
state and progress of the law, and usually includes
many curicus particulars relating to the customs of
the Courts, the etiquette of the Profession, and
other matters which have descended in form to the
present time, but of which we have quite forgotten
Should an oppor-
the meaning and the origin.
unity offer hereafter, perhaps we may present some

of these to our readers.

Bar Etiquette; with an analytical Account of the
Alteration proposed by the Common Law Com-
missioner. By JAMES STEPHEN, Esq. Barris-
ter-at-Law.

barrister-at-law, son of the late Sir Francis Freeling, bart. to Emma Amelia, eldest daughter of the Rev. Edward Luard, M.A. rector of Winterslow, on the 12th inst. at Winterslow, Wilts.

GREVILLE, Peniston Grosvenor, esq. of Lombard-street,

solicitor, son of the late Rev. Joshua Greville, vicar of Duston, to Louisa, daughter of the late Arthur Greville, esq. and granddaughter of the late Rev. Robert Grevile, rector of Wyaston, on the 12th inst. at St. John's, Holloway.

STANUELL, Charles Gibbons, of Eccles-street, Dublin,
solicitor, youngest son of Thomas Stanuel, esq. of
Tickhill, Yorkshire, to Margaret, youngest daughter of
the late Captain Samuel Athill, of the Hon. E. I. Co.'s
Bombay Engineers, on the 14th inst. at the Church of
St. Pancras.

TOWNLEY, Charles Watson, esq. eldest son of R. Greaves
Townley, esq. M.P. of Fulbourne, Cambridgeshire, to
Georgiana, fourth daughter of M. D. D. Dalison, esq.
of Hamptons, Kent, on the 12th inst. at West Peckham,
Kent.

WILLIAMS, Joshua, of Lincoln's-inn, and of Newington-
hall, Stoke Newington, Middlesex, esq. barrister-at-law,
to Martha, second daughter of the Rev. Cyprian Thomp
son, incumbent of Fazeley, on the 12th inst. at Fazeley,
Staffordshire.

By Mr. MOORE, at the Auction Mart, on Thursday, August 14, 1851, at Twelve o'clock.

Two Leasehold Houses, Nos. 104 and 105, Vauxhallwalk, High-street, Vauxhall; let at 204, each, tenants paying taxes; term 34 years; ground-rent, 42. 10s. 6d. Sold2957.

vender paying rates; term, 27 years; ground-rent, 6l. Four Cottages in Arbour-gardens, Stepney; let at 34!; -1257.

Three Leasehold Houses in Thomas'-terrace, Bancroft'splace, Stepney; rental, 631.; tenants paying taxes; term, years; ground-rent, 61. In 3 lots-440.

55

MONEY MARKET.

ENGLISH FUNDS.

Sat.

WE cannot approve Mr. STEPHEN's proposal that the Bar should rescind its rule forbidding a brief to be taken without the intervention of an Attorney. It would lead inevitably to that which is most to be deprecated-the union of the functions of Advocate and Attorney, and the consequent injury of both, as is proved by the experience of all countries and of all courts in which the distinction is not observed. Mr. STEPHEN justifies it as a measure of self-defence. But we doubt if it be so. We question whether the Attorneys as a body are desirous of destroying the Bar; we believe that a majority of them would prefer to maintain the established arrangement, and to continue to act together, rather than to enter It is, therefore, only in the lists as rivals. the last extremity that we could bring ourselves The reader, therefore, must not be surprised if to approve the pulling down of the barrier 3 Cent. Reduced Annuities 97 971 97 he finds Mr. Foss's volumes, so far as they have which has hitherto marked the boundaries of 3 Cent. Consols Annuities 96 96 96 gone, rather a work for reference, and for perusal the duties of the two branches of the Profession, Consols for Account. here and there, than for continuous reading. To and the admission of the Bar to play the part of lawyers it will be acceptable, as a valuable book of Attorneys. No good could come of it, and much reference, full of various information upon the his-harm must follow. The fair and reasonable course tory of law, law courts, and lawyers, in which the will be that which we have proposed, and which, author is profoundly versed, and which have been we are happy to say, has met the decided approval gathered by Mr. Foss with laborious industry, and of the most respectable attorneys in all parts of the greater portion of which will be new to the England, that some rules for their mutual regulareader. For this alone it should have a place in tion, adapted to the new circumstances in which every legal library, apart from its worth as a history they are placed, should be framed by the common of the law, which, in fact it is. We regret that we consent of both, and which should be held as the Do. Advertised cannot find space for many extracts from a work so rules of Professional Etiquette on both sides, to be

INDEX

ΤΟ

POINTS REPORTED DURING THE LAST SEVEN WEEKS,

(From No. 430 to No. 436, and p. 173 to p. 260, inclusive).

form of for assisting prisoner to escape, Patent-

THE GAZETTES.

Bankrupts.

Gazette, August 12.

CHERRY, SAMUEL, broker, Liverpool, Aug. 25 and Sept.
16, at eleven, Liverpool. Off. as. Morgan. Sol. Norris,
Liverpool. Petition, Aug. 11.
CLAY, EDWARD, linendraper, Eastry, Kent, Aug. 21, at
half-past twelve, Sept. 25, at half-past eleven, Basing-
hall-st. Off. as. Whitmore. Sol. Buchanan, Basing-
hall-st. Petition, Aug. 11.

JACKSON, RICHARD, organ builder, Liverpool, and Bolton-
le-Moors, Lancashire, Aug. 27 and Sept. 16, at eleven,
Liverpool. Off. as. Cazenove. Sol. Dodge, Liverpool.
Petition, Aug. 7.

Lincoln's-innfields, London, between the hours teen LEGAL GENTLEMEN, SURVEYORS,

and three.

of eleven
Colegate, J. coal merchant, 1s. 8d.-Crocker, J. linen
draper, 2s. 6d.-Firth, W. linen draper, 1s. 1d.-Had-
field, J. cotton spinner, 24d.-Horn, T. C. G. school-
master, 5s. 3d.-Lambert, R. draper, 28. 10d.-Ogden, W.
cotton spinner, 21d.-Rablah, G. clerk in General Post-
office, 71d.-Sanders, W. A. plumber, &c. 1s. 2d.-Shack-
lock, J. plumber, 2s. 34d.

Assignments for the Benefit of Creditors.
Gazette, Aug. 5.

Gazette, August 8.

Bilton, J. grocer, baker, and general dealer, Amble, Northumberland, June 5. Trust. H. Henderson, grocer, Warkworth. Sol. J. Scaife, Newcastle. - Dixon, W. MILLAR, FREDERICK, livery stable keeper, Hippodrome, chemist, druggist, and grocer, Darlington, Durham, July stables, St. John's-wood, and Sheppard-st. May-fair, 15. Trusts. T. Oxendale, gent. Darlington, and W. BenAug. 21 and Sept. 25, at one, Basinghall-st. Off. as. nignton, merchant, Stockton-upon-Tees. Sols. J. B. Simp. Cannan. Sol. Holmes, Fenchurch-st. Petition, Aug. 7. MOTT, RICHARD, tailor, Gracechurch-st. Aug. 18, at half-on, Richmond, and J. D. Janson, Stockton-upon-Tees. past one, Sept. 25, at two, Basinghall-st. Off. as. Can- T. Darling, Oxford, and J. Cross, Abingdon, leathersellers. Gidden, A. currier, Abingdon, Berkshire, July 28. Trusts. nan. Sols. Vincent and Gabriel, Inner Temple-lane. Sol. J. B. Sedgefield, Abingdon.-Redhead, J. hosier and Petition, Aug. 11. laceman, Liverpool, July 17. Trusts. J. Naylor, laceman NEWTON, JOHN, sen. boat owner, Washingborough, Lin- and hosier, Liverpool, and J. A. Walker, Scotch warecolnshire, Aug. 20 and Sept. 17, at half-past twelve, houseman,' Manchester. Sols. Sale, Worthington, and Kingston-upon-Hull. Off. as. Carrick. Sols. Scott and Shipman, Manchester.-Waltham, J. and Hill, G. coal Tahourdin, Lincoln's-inn-fields; Toynbee, Lincoln; and merchants, Hope-wharf, Macclesfield-st. City-road-basin, Stamp, Hull. Petition, Aug. 6. July 21. Trust. T. Wood, coal merchant, Northumber PHILIP, JOHN BIRNIE, CLAYTON, JOHN RICHARD, WYNNE, land-wharf, Strand. Sols. F. Adams, Lincoln's-inn-fields, AGAR EDWARD, and LUMSDEN, JOHN, builders, East- and T. Plews, Old Jewry-chambers. st. Manchester-square, Aug. 20, at half-past one, Sept. 20, at one, Basinghall-st. Off. as. Stansfeld. Sols. Messrs. Linklater, Charlotte-row, Mansion-house. Petition, Aug. 8. PIPER, THOMAS Foor, wholesale stay maker, Laurencelane and Bishopsgate-st. City; Victoria-road, Pimlico; and Landport, Hampshire, Aug. 18, at twelve, Sept. 18, at one, Basinghall-st. Off. as. Bell. Sol. Cox, Pinners' hall. Petition, Aug. 2. POWELL, WILLIAM, builder, Jeffery's-st. Camden-town, Aug. 18, at twelve, Sept. 18, at half-past eleven, Basing. hall-st. Off. as. Cannan. Sols. Lawrance and Co. Old Jewry-chambers. Petition, Aug. 8. RICHARDSON, THOMAS, cutler, Liverpool, Aug. 21 and Sept. 18, at eleven, Liverpool. Off. as. Turner. Sol. Hime, Liverpool. Petition, Aug. 9. SEYMOUR, RICHARD, grocer, Downham, Cambridgeshire, Aug. 23, at half-past one, Sept. 20, at half-past twelve, Basinghall-st. Off. as. Graham. Sols. Trinder and Eyre, John-st. Bedford-row; and Archer, Ely, Cambridgeshire. Petition, July 31. VEVERS, JOHN, Woollen warehouseman, Ironmonger-lane, City, Aug. 18, at twelve, Sept. 18, at two, Basinghall-st. Off. as. Johnson. Sol. Bloyd, Milk-st. Cheapside. Petition, July 31.

Gazette, Aug. 15.

BAIRD, WILLIAM, paperhanger, Liverpool, Aug. 27 and
Sept. 16, at eleven, Liverpool. Com. Perry. Off. as.
Cazenove. Sol. Grocott, Liverpool. Petition, Aug. 12.
BEAL, HENRY, bookseller and publisher, 2, Shoe-lane,
Fleet-st. Aug. 22, at twelve, Sept. 27, at eleven, Basing-

Gorst, W. Scotland-road, Liverpool, July 21. Trust.
M. Stelfox, Hornby-st. Scotland-road, Liverpool. Sol.
Thorne, Yorkshire, July 19. Trusts. H. Harrison, brewer,
Thorne, Yorkshire, July 19. arrison, H., Currier,
Winterton; H. Casson, currier, Kingston-upon-Hull; and
R. Nickols, farmer, Joppa, near Leeds. Sols. J. England
and Son, Hull.-Jackson, J. corn miller, Green Mount-
terrace, Holbeck, Leeds, July 15. Trusts. J. Jackson, corn
miller, Ouiton; and R. Kilvington, corn dealer, Leeds.
Sol. C. Granger, Leeds.--Jepson, D. and W. and Ezart,
W. glass bottle manufacturers, Castleford, Yorkshire,
August 1. Trust. D. Leake, gent. Allerton Bywater.
Sol. Coleman, Pontefract.-Pay, J. grocer, Faversham,
Kent, July 31. Trusts. W. Gibbs, gent. and M. Redman,
builder, Faversham. Sol. J. Tassell, Faversham.-Pollitt,
J. calenderer and packer, Manchester, July 31. Trusts.
E. Ellam, coal dealer, and J. M. Little, plumber, Man-
chester. Sol. W. M. Atherton, Manchester.-Small, G.
tailor, Folkestone, Kent, July 26. Trusts. J. Costeker,
wholesale woollen-draper, Cornhill; and T. Golder, gent.
Folkestone. Sols. H. Simpson, Wellington-st. South-
wark; and R. B. M. Lingard, Folkestone.

Partnerships Dissolbed.
Gazette, August 5.

AUCTIONEERS, 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.

THE EQUITY STATUTES of 1851;
being an Explanatory Commentary and Notes on
the Statutes passed last session relating to EQUITY, viz.
the Appeal Court Act and the Evidence Act, By
WILLIAM HEMINGS, Esq. Barrister-at-Law.
London: ROBERT HASTINGS, Carey-street, Lincoln's-inn.
Just published, in 8vo. price ls.
an Equitable
Vict. cap. 110? By JOHN DARLING, M.A. of the Inner
Charge on his LIVING under the Statute 1 & 2
Temple, Barrister-at-Law.

CAN
NAN a Clergyman create

STEVENS and NORTON, Bell-yard, Lincoln's-inn.
COUNTY COURT PRACTICE UNDER THE NEW
RULES.
Just published, in 1 vol. 12mo. price 15s. cloth boards,

THE PRACTICE of the COUNTY
COURTS, in Six Parts. 1. Proceedings in Plaints.
2. Jurisdiction under Friendly Societies Act. 3. Jurisdic-
tion under Joint Stock Companies Winding-up Act. 4.
Jurisdiction as to Insolvent Debtors. 5. Jurisdiction under
Protection Acts. 6. Proceedings against Judgment Debt-
ors. With the Decisions of the Superior Courts relating
thereto, and Table of Fees; also an Appendix, containing
all the Statutes under which the County Court has Juris-
diction; a List of the Court Towns, Districts, and Parishes,
and the New Rules of Practice and Forms; with an Index
to the principal matters and Cases referred to. By
CHARLES EDWARD POLLOCK, Esq. of the Inner
Temple, Barrister-at-Law.
S. SWEET, 1, Chancery-lane, London.

L

ORD

NEW CRIMINAL LAW.
In the press,

CAMPBELL'S ACT, the EXPENSES OF PROSECUTIONS ACT, and the other NEW CRIMINAL STATUTES, will be published as a "Supplement" to Archbold or Roscoe, and will comprise a complete Digest of all the Cases decided, and all the Crimins! Statutes passed during the last four years. By E. W. Cox and W. ST. LEGER BABINGTON, Esqrs. Barristers-stLaw. Price 5s. 6d. boards; 6s. cloth; 7s. 6d. half-bound. LAW TIMES Office, 9, Essex-street.

ARTS 2 and 3 of Vol. V. of COX'S

hall-st. Com. Fane. Off. as. Whitmore. Sol. Forster, Marsden, brassfounders and coppersmiths, Liverpool, CRIMINAL LAW CASES are now ready, complet

also Precedents of Indictments and all the new Criminal
Statutes.
LAW TIMES Office, 29, Essex-street.
THE LAWYER'S VADE-MECUM.

Debts paid by Niblett and Allen-Hellyer and Son, ship THE LAWYER'S POCKET-BOOK is

quired in Courts and in Offices. In a small pocket volume, designed to supply to Lawyers the information reit contains-1. An Almanac for the present year-2. An Almanac for last year-3. Tables shewing the moon's time of rising and setting last year and this year-4. Time Tables of all the Courts-5. Tables for ready computation of interest-6. Table for computing value of the funds-7. A complete table of all the existing Stamp Duties alphabeti cally arranged-8. The public officers and offices, &c. &c. Price Sixpence only.

Broadhead, J. and Co. woollen-cloth manufacturers, Hepworth, Kirkburton, July 2.-Brown, T. and G. jun. curriers, Salisbury, April 26.-Cater, J. W. and Co. Liverpool, and Cater, J. W. Collet, and Co. London, merchants, as regards W. M. Collet, July 1.-Cowgill, Jones, and 6, Crosby-sq. Petition, Aug. 8. April 10, 1850.-Duthoit and Co. auctioneers, mine agents, DAVEY, THOMAS, jun. builder, Halsted, Essex, Aug. 22, at and portable tent manufacturers, Finsbury-place south, two, Sept. 27, at one, Basinghall-st. Com. Fane; Off. July 15.-Gould, W. and Thornley, J. plumbers, glaziers, ing the cases to this time. Price 5s. 6d. each. They contain as. Cannan. Sol. Parker, 8, Gray's-inn-sq. and Chelms- and gasfitters, Manchester, July 28.-Hammond, Brothers, ford. Petition, Aug. 12. and Co. cabinet makers, Chancery-lane, Dec. 31.-HanDONOVAN, WILLIAM FREDERICK, poulterer and egg mer- nant, C. H. and Barnard, J. grocers and general shop chant, 267 and 292, Oxford-st. Aug. 21, at half-past one, keepers, Great Ellingham, May 27.-Debts paid by HanOct. 3, at eleven, Basinghall-st. Com. Fane. Off. as. nant.-Hebdon, W. Niblett, P. and Allen, H. M. cloth Whitmore. Sols. Smith and Page, 13, Duke-st. Man-workers, &c. Coleman-st. as regards Hebdon, July 11. chester-square. Petition, Aug. 2. FERNY, MANUS, and GARD, JOHN, woollendrapers, St. and ornamental carvers, Blackwall, and Cosham, near Martin's-lane, Aug. 29 and Sept. 27, at twelve, Basing Portsmouth, July 22. Debts paid by F. Hellyer.-Holmes hall-st. Com. Fane. Off. as. Cannan. Sols. Reed, and Thorns, plasterers and paper hangers, Wakefield, Langford, and Marsden, 59, Friday-st. Cheapside. July 26. Debts paid by Holmes-Newman, T. W. and H. Petition, Aug. 12. J. tea dealers, Lawrence Pountney-lane, July 30.NOCK, GEORGE, and WILLIAMS, JOHN, goldsmiths and Nicholls and Hunter, tailors and drapers, Jermyn-st. St. jewellers, 18, Frith-st. Soho, Aug. 22, at ten, Oct. 3, at James's, July 31.-Parker and Stirling, hat manufacturers, twelve, Basinghall-st. Com. Fane. Off. as. Whitmore. Newcastle-upon-Tyne, July 31. Debts paid by Parker.Sol. Teague, 5, Crown-court, Cheapside. Petition, Payne, J. and Nall, J. engravers and ornamental printers, Aug. 9. Leicester, August 4.-Phipps, J. L. and Co. merchants, OLEY, CHRISTOPHER, ship and insurance broker, New- New York and New Orleans, as regards Conway, June 30. castle-upon-Tyne, Aug. 26 and Oct. 7, at one, Newcas--Phipps, Brothers, and Co. merchants, Rio de Janeiro, as tle-upon-Tyne. Com. Ellison. Off. as. Wakley. Sol. regards Conway, June 30.-Pollon, Prommel, and Co. Phillipson, Newcastle-upon-Tyne. Petition, Aug. 5. guano merchants, Water-lane, Tower-st. and IrongatePAUL, JOHN, milliner and straw-bonnet dealer, 118, Ox- wharf, Paddington, August 1.-Prust, Morison, and Co. ford-st. Aug. 22, at half-past twelve, Sept. 27, at two, ship chandlers, Liverpool, August 2. Debts paid by MoriBasinghall-st. Com. Fane. Off. as. Whitmore. Sol. son.-Rowlands, J. jun. and Day, H. architects and surSeaman, 12, Pancras-lane. Petition, Aug. 12. veyors, Worcester, July 12. Debts paid by Day.SMALL, GEORGE, tailor, draper, and hatter, High-st. Shepard and Perfect, stuff merchants, Halifax, August 1. Folkestone, Kent, Aug. 23, at eleven, Sept. 20, at half- Debts paid by Shepard.-Stott, Law, and Thompson, cotton past one, Basinghall-st. Com. Fonblanque. Off. as. spinners, Oldham, as regards Stott, July 30. Debts paid Graham. Sols. Willoughby, and Cox, 13, Clifford's-inn. by Law and Thompson.-Tilston, Smith, and Co. general Petition, Aug. 12. merchants, commission agents, and carriers, Liverpool and Manchester, also Chester, Shrewsbury, and Ellesmere, July 31. Debts paid by Smith.-Wright, J. and Goodwin, A. tobacco manufacturers, Barbican.

Bibidends.

BANKRUPT ESTATES.

Official Assignees are given, to whom apply for the Dividends. Bennett, H. corn dealer, first, 18. 7d. Graham, London. -Cansdale, J. M. draper, first, 5s. 6d. Groom, London.Carr, C. cotton manufacturer, third, 2d. and 125-256ths of a ld. Lee, Manchester.-Chadwick, A. cotton spinner, first, 7s. 6d. Mackenzie, Manchester.-Gideon, D. clothier, first, 6s. Stansfeld, London.-Graham, J. upholder, fifth, d. Graham, London.-Gray, N. common brewer, second, 1s. 24d. Graham, London.-Gray, W. draper, first, 89. 6d. Baker, Newcastle.-Horsfield, T. and J. coal dealers, 6s. 6d. Morgan, Liverpool.-Hunt, J. builder, second, 10d. Graham, London.-Leake, F. relievo leather manufacturer, first, 1s. Od. Graham, London. Lee, W. T. merchant, first, 10s. Hope, Leeds.-Perry, J. grocer, second, 2s. 9d. Groom, London.-Render, J. and E. drapers, first, 24d. Hope, Leeds.-Smith, R. corn merchant, second, 11d. Lee, Manchester.-Smith, S. grocer, final, 1s. 4d. and 11-16ths of a 1d. Mackenzie, Manchester.-Stahlschmidt, H. G. merchant, first, 1s. 4d. Stansfeld, London.-Webb, J. straw plait dealer, first, 74d. Graham, London.-Wright, J. corn merchant, &c. second, 1s. 9d. Graham, London.-Wyrill, W.ironmonger, first, 23. Hope, Leeds,

Gazette, Aug. 8.

Barker, R. H. and Co. worsted manufacturers, Thornes,
near Wakefield, July 31. Debts paid by R. H. and J.
Barker.-Cooper and Baxter, smiths and screw bolt manu-
facturers, Manchester, Aug. 4. Debts paid by Baxter.-
Cross, 8. and A. milliners, &c. Shrewsbury, July 11. Debts
paid by A. Cross.-Griffiths and Cornish, linen-drapers,
Liverpool, Aug. 4. Debts paid by Cornish.-Hindley and
Sutcliffe, cotton spinners, Dukinfield and West Mill, near
Ashton-under-Lyne, Dec. 4.-Horner and Froggart, oil
refiners, Manchester, Aug. 5. Debts paid by Froggart.-
Marshall, J. and Co. ship-store and provision merchants,
Liverpool, June 2. Debts paid by Marshall.—Marshall
and Benson, tailors and drapers, Kirkgate, Leeds, Aug. 6.
Debts paid by Marshall.-Martin, J. and Nott, F. clothiers,
Marylebone-lane, Manchester-square, July 1. Debts paid
by Nott.-Oates, W. and Wood, E. joiners and builders,
Strangeways, Manchester, Aug 21. Debts paid by Wood.

Ruddock, J. D. and E. cabinet makers and upholsterers,
Reading, March 29. Debts paid by J. D. Ruddock.-
Tiley and Ball, surgeons, Evenley and Hechfield, near
Winchfield, Aug. 6.-Vickers, J. and Co. wine merchants,
Trinity-square, Tower-hill, Aug, 6.-Weare and Paine,
saddlers, Pontypool,, Aug, 1.

In consequence of the small price of this Pocket-Book, it can only be sent in a parcel with other books, or procured by order through a Bookseller in the country.

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
LLOYD'S LAW and PRACTICE of the COUNTY
COURTS; entirely revised and recast, so as to include
the new RULES of PRACTICE, all the new Statutes,
and all the cases decided to this time. By EDWARD
W.COX and MORGAN LLOYD, Esqrs. Barristers-at-Law.
Its contents are thus arranged :-

Book I. The Courts.

Book II. The Officers, their duties and powers.
Book III. The Sheriffs' Court of London.
Book IV. The Jurisdiction in-1. Common Law: 2
Equity; 3. Insolvency; 4. Charity Estates;
5. Winding-up; 6. Friendly Societies.
Book V. Appeal to the Superior Courts-1. To the S-
perior Courts; 2. Mandamus; 3. Prohib
tion; 4. Certiorari.
Book VI. The Practice at Common Law, comprising 32
the new rules and forms-1. The Plaint;
Summons and Particulars; 3. Hearing;
New Trial; 5. Execution; 6. Interleader:
7. Arbitration; 8. Summons on Judgment
9. Records; 10. Writ of Error; 11. Action
by and against Executors and Admiti
trators.
Book VII. Evidence in the County Courts.
Book VIII. Replevin.

Book IX. Recovery of Tenements.
Book X. Proceedings for Penalties.
Book XI. Suing in formé pauporis.
Book XII. Fees and Costs.
Book XIII. Confession of Debt.

An APPENDIX contains the Rules of Eractice, Forms
Orders, and Statutes.

LAW TIXES Office, 29, Essax-street.

AUGUST 23.]

THE LAW TIMES.

CONTENTS.

Page.
197

197

198

198

198

JOINT-STOCK COMPANIES' LAW JOURNAL-Summary... 201
REAL PROPERTY LAWYER AND CONVEYANCER
COUNTY COURTS-Summary

Superior Courts of Common Law.

THE LAWYER-Summary

MERCANTILE LAWYER.

NOTES ON RECENT CASES

201 201

204

201

converts should outnumber the incredulous. For justice, the supply of competent judges, and the
I address your lordship because, as the Chief
our own part we admit frankly that we were among succession of skilful legislators and statesmen.
the sceptics when the proposition was first made
197 public; the prejudice of early training was too Justice of England, you represent the Profession
powerful; nor was it until we gave the subject of which you are the honoured head; because you
198 some reading and reflection, that we were con- are known to be sincerely attached to the calling
vinced that what we had taken for an axiom was which you have so successfully pursued, and would
198 only a fallacy, and that what we supposed to be not willingly see it go to decay; and also because
conviction was only an unreasoning assent to a pro- you have proved yourself to be an earnest and
200 position we had never put to proof. It is our pur- large-minded reformer of the law, and therefore,
views that have operated upon our own mind, in and of the Profession on the other, in your hands,
sacrifice the public good to the exclusive interests
pose now to endeavour to explain to our readers the having the confidence of the public on the one side,
201 hope that it may be suggestive of some new thoughts both will be safe. It is known that you will not
204 to theirs.
of the Profession, and that you will, with equal
injurious invasions of those who are influenced more
zeal, protect the Profession against the unjust and
by feelings of personal hostility than by solemn
My own title to ask some attention from your
convictions produced by knowledge and reflection.
lordship in this matter arises from no personal
claims, but from the office which has compelled me
to intimate communication for nearly nine years
with almost the entire body of the Profession in
England and Wales, in Ireland, and in the colonies,
and in the course of which, as the centre to which
all have freely conveyed their opinions upon all
subjects affecting the Law and the Lawyers, I have
unavoidably gathered an extensive experience of
the defects they have practically found and the im-
provements their experience has suggested.

What are the objects of all Civil Courts for the
administration of justice? What are the purposes
206 for which alone they can be resorted to?

205

206

PROMOTIONS, APPOINTMENTS, &c.

COURT PAPERS

PROCEEDINGS OF LAW SOCIETIES

Metropolitan and Provincial Law Association.

CORRESPONDENCE

Recent case-Tarlton v. Liddell

206

Infringement of the Privileges of the Profession..

206

Turnpike Trusts.......

Law of Patents

LEGAL INTELLIGENCE

Law of Evidence-Inspection of Books

BIRTHS, MARRIAGES, AND DEATHS

JOURNAL OF PROPERTY

GAZETTES.

ADVERTISEMENTS.

Co Readers and Correspondents.

They resolve themselves into three :-First, to restore a right; second, to redress a wrong; third, to protect person or property.

To one or more of these objects all suits reduce Now it is obvious that the two first 206 themselves.

206

207
207

206 are duties which in their very nature must be per-
206 formed by every civil tribunal. Wherefore, then,
207 should it be that, if both of these purposes must be
performed by all of them in some cases, they should
It is plain
not be performed by all in every case?
that there is no natural boundary of jurisdiction in
such cases, and we shall presently see that there is
no sufficient reason for an artificial one-but that,
on the contrary, it is fraught with innumerable mis-
chiefs.

"F. W. F." (Wimborne).-Morally speaking (to use our correspondent's expression) we see no objection to his continuing to hold the office. But, taking into regard the difference in social position between the two occupations, the professional status being considerably higher than that the the other, we should recommend our correspondent entirely to devote his time and talents to his duties as a "W. HOUGHTON" (Gray's-inn).-The letter shall have place in the County Courts Chronicle. "AN ATTORNEY" (York). We will endeavour to find room for the letter on Law Reform in our next; or, at all events,

But before we go into the consideration of these
two duties of a court of justice, it will be as well to
dismiss the third, namely, the protection of person
and property.

It is necessary for this purpose to keep steadily
in view the distinction between the ministerial and
To prevent a union so
the judicial functions of a tribunal, for it is only by
the mingling of these that all the evils of the Court
of Chancery have come.
fraught with mischief, a line should be drawn by an
arrangement which should leave no excuse for error.
An entire severance of the functions should be
All ministerial acts should be done by a
effected.
distinct Court, which might be denominated the
Court of Trusts. If any question of law arises, it
should be decided by the judicial tribunal; but as
the judicial tribunal should never be permitted in
any case to do any merely ministerial act, so the
Court of Trusts should never perform a judicial
duty, that is to say, it should not decide in a
doubtful matter what the law is.

It will be seen, therefore, that the division we have made of the duties involved in the administration of civil justice does demand the establishment of two Courts having distinct functions, but very THE distinction that has been sought to be pre- different indeed from the existing distinctions. served in England between Law and Equity, will not be found, on examination, to have any founda- Law and Equity, resolved into one code of law, the ministerial duties of the management of persons tion in the nature of things. It is, in truth, a dis- would be judiciously determined by one tribunal; tinction purely arbitrary-the consequence of an and property not otherwise sufficiently provided for, will be the proper care of the other tribunals. Antiquarians, who will always find a reason for everything, and invent an origin if they In other words, all the Courts of Westminster Hall cannot trace one, tell us that Equity was intro- should be united for the purpose of expounding the duced for the purpose of mitigating the rigour of law; and the Master's office should be raised into a the Common Law, whose rules, being inflexible, Court for the purpose of doing all those ministerial duties which are not properly within the province were incapable of adaptation to complicated facts and certain relationships of persons and property of a Judge. For the present, at least, we shall dismiss this This is nothing more than a plausible theory which will not bear examination. The more probable history is, that the two systems had their origin third object of the administration of civil justice, that we have no design to transfer all the jurisdicin the conflicts between the monarch and the only asking the reader to bear in mind the fact, people; or, more properly speaking, the nobles, for the people were little regarded in those times. tion in Equity to the Common Law Courts, withThe Common Law was the code to which the sub-out providing for that which constitutes the greater jects looked for protection against their kings, and portion of the business of the Equity Courts, and insurable under the present system, whatever reWe do purpose to the kings in their turn set up their Court of Chan- produces most the mischief that we believe to be cery against the Common Law Courts. By degrees forms may be introduced. that which at first was an arbitrary encroachment, was reduced to a system, and with the progress of return, under another name, with new powers and civilization the Court of Equity assumed to itself distinctly defined duties, a portion of the business no way militate against, but greatly facilitate, that certain jurisdictions, and by successive Chancellors, of Equity as a distinct tribunal. But that will in that which once was the excuse of a despotic power, for which we are contending the fusion of Law was formed into a structure of considerable sym- and Equity into one system of jurisprudence. metry, and no small amount of sagacity was exhibited in the adaptation of the means to the end. The Lawyers, who had learned, as the first lesson of their apprenticeship, that Equity and Law were in their very nature distinct, and that the perfection MY LORD,-In the present crisis of the Profession, of human wisdom was embodied in the system of when its prosperity or its decay will depend upon English jurisprudence, may be excused for receiv- the legislation of the next five years, I take the ing with surprise and incredulity the first sugges- liberty thus publicly to address your lordship upon tion that there was no solid foundation for the dis- a subject which cannot be approached without The anxiety by any person who feels any interest in maintinction they had been taught to venerate. wonder is that in so short a time there should have taining the status of the Lawyers, upon which depend been wrought so great a change; that already the the purity and efficiency of the administration of

VOL. VII. No. 438,

LETTERS TO LORD CAMPBELL.

BY THE EDITOR OF THE LAW TIMES.

The propositions, therefore, which I shall submit
to the consideration of your lordship will owe what-
that they are not the schemes of any single mind,
ever of worth may be found in them to the fact
but the conclusions deduced from the aggregate
body of practical Lawyers, with no other merit on
my own part than that which may belong to the
with words. Here and there I have ventured to
task of collecting, arranging, and putting them into
formal and methodical shape, and clothing them
add a little or subtract a little in order to preserve
the symmetry of the design, and sometimes I have
supplied an hiatus which had chanced to escape the
notice of others; but I beg your lordship not to
underrate the true worth of these suggestions by
reason of the source whence they are immediately
issued, and not to treat them as they would, per-
haps, deserve to be treated had they been the pre-
sumptuous propositions of the writer alone.

I have received, from those who ought to know,
fully conscious of the peril that threatens the Pro-
the most positive assurances that your lordship is
fession, that the subject already has engaged your
thoughts, and that the anxiety is shared by all the
judges. I am told that an alarm, not groundless nor
unreasonable, has extended itself to many reflective
persons high in office or occupying conspicuous
places in the Legislature, who feel that more im-
volved in the prosperity or decline of the profession
portant interests than those of the Lawyers are in-
of the Law. My purpose in these letters is to
submit to your lordship a systematic plan by which,
as the Lawyers believe, the threatened mischief may
be averted, the status of the Profession preserved,
and the business of Westminster Hall restored to
to the public.
even more than its former abundance, and this not
only without detriment, but with immense advantage

In order to propound the remedy, it is necessary What is the complaint? That the Wherefore is it soto have a clear understanding of the disease that is business of the Common Law Courts is rapidly to be cured. passing away from them. "Formerly," thus he writes to the LAW TIMES, whither has it gone? I will tell you, my lord, in a client would come to me and say, Mr. H. I the language of a country attorney in large 'I cannot tell practice. want to bring an action against Farmer Jones,— what will it cost? My answer was, give you a tolerably near guess at the expenses of a possible costs of the pleadings, new trials, bills of 'Well,' he would you-it may not be 501.-it may be 500%. discovery, error, and appeal.' trial, but I cannot venture to say what may be the say, 'you must do your best, I cannot submit to be robbed.' But now when a client comes to me with the same question (as they always do) I am obliged in honesty to tell him that although I Well,' he says, bring cannot anticipate the costs of the Superior Courts, I can inform him very nearly what will be the costs in the County Court, and how long it will be before he will obtain judgment. the action in the County Court, then.' I tell him that he cannot recover more than 50%. in the County Court, and that if he sues there he must abandon