378 Analytical Digest of Cases: Common Law Courts. bye-law imposing a "penalty or forfeiture;" so that the non-production of a ticket on leaving the company's premises, and the refusal to pay the fare from the place from which the train originally started, did not authorize the arrest of the passenger. Semble, the only power to apprehend given by sec. 165, is for an offence against the act itself. Quere, whether the bye-law was reasonable. Chilton v. London and Croydon Railway Company, 16 M. & W. 212. Taxation. 4. Notice of action. - Costs. The Great Western Railway Company is bound by its acts of parliament to charge all persons sending goods by it at equal rates. In assumpsit for money had and received, to recover the difference between the sums charged the plaintiff and those charged by the company to other persons for the conveyance of goods, it was held, that the charges so made must be considered as something done under the act by which they were incorporated, and consequently that under sect. 223, they were entitled to notice of action; and therefore, that the Master was right in allowing the plaintiff the costs of a notice of action. The court refused, on a motion to review the taxation, to entertain an objection to the amount of the costs of the notice of action so allowed, as that objection had not been taken before the Master. Kent v. The Great Western Railway Company, 4 D. & L. 481. See Statute of Frauds. REQUESTS, COURT OF. SENTENCE OF IMPRISONMENT. under stat. 11 G. 4, and 1 W. 4, c. 70, a sen11 G. 4, and W. 4, c. 70. - Semble, that tence that defendant be imprisoned for a term commencing from the time when he shall be actually taken into custody, is correct. Quare, whether in such sentence it be necessary to use the words "It is considered." who was still under imprisonment, was dis Judgment being reversed, defendant, K., charged by order (in vacation) of a judge of the Court of Queen's Bench, sitting at chambers. Reg. v King, 7 Q. B. 782. See Lease. STAMP. TOLLS. 1. General Turnpike Act, 3 G. 4, c. 126.Letting agreement. - In an action for rent payable under an agreement with trustees of turnpike roads, demising tolls and toll-houses, the declaration need not show that the forms required by stat. 3 G. 4, c. 126, s. 55, were ob served in the letting. It is sufficient if the count states that, at a meeting of the trustees, held at, &c., the tolls, &c., were put up to be let by auction under certain conditions, &c., at which meeting A. B. was the last and highest bidder, and thereupon, by a memorandum of agreement, &c., it was witnessed, &c.; mutual promises, and entry of defendant. In an action on such agreement, if the instrument be produced, stating that the trustees have contracted, &c., with the lessee, "witness the hands of C. and D., two of the trustees," &c., and the signatures of defendant, and of C. and D. be proved, such instrument is evidence against the defendant that C. and D. were trustees, and will support a verdict against him in an action at their suit as trustees, though there be no other proof that they were so. Willington v. Browne, 8 Q. B. 169. Affidavit.-Suggestion.-An affidavit in support of an application to enter a suggestion under the 23 G. 2, c. 33, (The Middlesex Court of Requests Act,) described the defendant as of "No. 51, Bedford Row, Holborn, in the county of Middlesex," and further stated, that "before and at the commencement of this suit, he was, and ever since hath been, and still is, inhabiting and resident in Bedford Row 2. Commitment aided by conviction. Fors aforesaid; and that for and during all that of conviction under stat. 4 G. 4, c. 95, s. 30.— time he was, and still is, liable to be summoned Protection of magistrate under 3 G. 4, c. 126, to the Court of Requests, held at Kingsgate s. 147.-Stat. 4 G. 4, c. 95, s. 30, enacts, that Street, Holborn, aforesaid; and that the cause if any collector of tolls "shall demand and of the above action, and every part thereof, take a greater or less toll from any person than arose within the jurisdiction of the said court: Held, that the affidavit was insufficient, as it did not show that the whole of Bedford Row was in the county of Middlesex; and that the court could not take judicial notice that the Court of Requests for Middlesex was held in Kingsgate Street. Thorne v. Jackson, 4 D. & L. 478. he shall be authorised to do by virtue of the powers of any act, or of the orders and resolu tions of the trustees or commissioners, made in pursuance thereof," he shall be liable to a penalty, which is made recoverable by convic tion before justices, and distress, and imprisonment in default of sufficient distress. 66 A conviction stated, that a collector "did demand and take" from J. L., at a gate on a turnpike road, a certain toll, to wit, the toll or sum of 4d., as and for a toll then and there payable by the said J. L., at such gate, for a certain horse then and there drawing a certain cart upon two wheels only, and which said cart was then and there drawn by such one horse only, and driven by him, the said J. L., in, along, and over the said turnpike road; and for which said horse, drawing such cart, a cer Analytical Digest of Cases.-Chancery Cause List. tain toll, to wit, the sum of 6d., was then and there payable by the said J. L., the said toll or sum of 4d., so demanded and taken by the said "collector," as aforesaid, then and there being a less toll than he was then and there authorised to take for the cause aforesaid, by virtue of the powers of any act, or of the orders and resolutions of the trustees or commissioners of the said turnpike road, made in pursuance thereof, contrary to the form of the statute," &c. Held, a sufficient conviction, though no provisions of any particular turnpike act, or orders or resolutions of trustees, or commissioners, were set forth or referred to. 379 action or suit shall be commenced against any person or persons for any thing done in pursuance of this act ;" "if the matter or thing complained of shall appear to have been done under the authority and in execution of this act," "the jury shall find for the defendant." Quære, whether justices committing by virtue of this act, and sued in trespass, be entitled to a verdict on the ground only, that they boná fide believed themselves to be putting the act in execution. Stamp v. Sweetland, 8 Q. B. 13. WITNESS. Competency of, under stat. 6 & 7 Vict. c. 85. A warrant of commitment on this conviction, A witness called for the plaintiff stated, on for want of sufficient distress, stated that the the voir dire, that he had introduced the owner collector was convicted, for that he "did suffer to the broker; that he had nothing to do with and permit J. L. to pass through " the turnpike the negotiation, and had no claim on the owner; gate, "with a cart drawn by one horse, on pay- but that he expected, pursuant to arrangement, ment of the sum of 4d., as toll for the said cart and to the custom amongst brokers, to receive drawn by one horse, the legal toll due and pay-half the amount of the commission the plaintiff able in respect of the said cart drawn by one might recover in this action: Held, that the horse being the sum of 6d., contrary to the witness was not a necessary or proper party to statute," &c. Semble, that the warrant gave a sufficient description of the offence under the statute. But held, that supposing it insufficient, the conviction would cure the defect. See section 147 of stat. 3 G. 4, c. 126, enacts, "that if any be made a co-plaintiff, nor a person "in whose immediate or individual behalf" the action was brought, either wholly or in part, within the proviso in the 6 & 7 Vict. c. 85, and consequently that he was made a competent witness by that statute. Hill v. Kitching, 3 C. B. 299. BUSINESS OF THE COURT S. CHANCERY CAUSE LIST. After Hilary Term, 1848. AT LINCOLN'S INN. Lord Chancellor. THER DIRECTIONS. Harris v. Brunton, plea. S. O. G., Myers v. Macdonald, 2 causes. Steward v. Forbes, pt.hd. Hickson v. Mainwaring, 2 causes. Flint . Warren, fur. dirs. and petn., pt. hd. Stiles v. Guy, exons, 2 sets, and fur. dirs. pt. hd. Milford v. Reynolds, fur. dirs. & costs & 2 petns. Knott v. Prier. Knott v. Cottee. Williams Soden Westby Ditto Ditto Ditto Cridland Fraser Cunningham Murray Ditto Hay ditto Ditto Lawrence Murray 12th Feb., Graham v. Needham. 14th Feb., Firmin v. Pulham. 15th Feb., Fairbrother v. Mason, fur. dirs. and costs. 26th Feb., Bayley v. Cooper. 17th Feb., Satterthwaite v. French. Cumberlege v. Cumberlege, fur. dirs, and costs. 8th Feb., Smith v. Short, re-bg. 26th Feb., James v. Talbot. Short, Prentice v. Tabor. 29th Feb., Willis v. Braddon. Hoggart v. The Croydon Canal Co., fur. dirs. and Batchelor v. Middleton. Morrison v. Morrison, exons. S. O., Wheeldon v. Perkin. Saver v. Sayer, exons. and fur. dirs. Baring v. Kemp, 2 causes. 14th Feb., Rowland v. Morgan. Maddison v. Chappell, 3 causes. Sandys . Moylan, 2 causes. Rooke v. Drake. Mores v. Mores. Feb. Ditto v. Bird fur. dirs, and costs. ditto. fur. dirs. and costs. fur. dirs. and costs. 2 causes. The Legal Observer, DIGEST, AND JOURNAL OF SATURDAY, FEBRUARY 19, 1848. "Quod magis ad NOS Pertinet, et nescire malum est, agitamus." HORAT. FEES AND SALARIES IN THE COUNTY COURTS. tation or uncertainty should exist. The fees taken from suitors in the County Courts, and the salaries of the judges and officers, are matters with which the governNOTHING seems to have been determined ment are authorised to deal, without going by the government in respect of the County to parliament, although the discretion vested Courts Act. The Secretary of State for the in her Majesty's advisers is limited as to the Home Department stated, in the House of salaries,-the maximum salaries they are emCommons, in answer to a question put to powered to grant being 1,2007. per annum him by Dr. Bowring, that the subject of an to the judges, and 600l. to the clerks. We alteration of the fees now taken in those should not be surprised if it turns out, that courts was under consideration, and that he the delay which has taken place in fixing hoped ere long a revision would take place. the salaries is to be ascribed to the doubts The salaries of the judges and other officers entertained, whether the salaries that can be connected with the new courts, form also a granted under the 40th section of the County subject, upon which those in authority would Courts Act, afford an adequate compensaappear not to have been able very readily tion for the duties which the judges and to come to a determination. Notice was officers of the County Courts have been given sometime about the 1st October last, called upon to perform, increased as those that the payment by fees was to cease on duties are by the recent addition of the juristhat day, and that the judges and officers diction in matters of insolvency. Practically, of the County Courts were to be remune- it is found that they are one and all fully rated thereafter by fixed stipends; and it and exclusively occupied in the business of was further intimated that the amount of the County Courts. We believe, there are salaries to be substituted for the fees re- only two instances, in which those gentleceived by the officers respectively would be men who have accepted appointments as speedily settled and communicated. Sub- judges of the County Courts, profess to sequently, another circular was received, in- avail themselves of the permission which forming the judges and officers that they the act gives them to continue to practise were to continue to receive the fees pay- as counsel. Indeed, it is obvious that the able under the act until the last day of De- performance of duties requiring attendance cember, 1847, and that, after that date, from 15 to 20 days in every month, can they were to be paid by salaries. never be compatible with an extensive geneWe have not learned that any communi- ral practice. Considering the extent and cation has since been made upon the subject importance of the duties imposed on the of salaries, and, therefore, the functionaries officers of the County Courts, the question connected with the new courts are in a state is, whether the maximum salaries fixed by of uncertainty upon this subject, respecting the act are sufficient. which there seems no reason why any hesiVOL. XXXV. No. 1,041. The great majority of the cases dis R 382 Fees and Salaries in the County Courts.—Taxes on the Administration of Justice. posed of in the County Courts, unques- of the fees allowed by the act to profes tionably are of the same class which for- sional men, and to some other of the glaring merly came before the Courts of Request. defects which its operation has exposed. They do not call for the exercise of any We propose again to direct attention at an very high degree of legal acquirement, but early opportunity to some of the more prothey require temper, patience, and attention. minent defects, upon which numerous comThere is another class of cases occasionally plaints have reached us. brought under the consideration of the OF JUSTICE. COURT OF CHANCERY. judges of the County Courts, frequently in- TAXES ON THE ADMINISTRATION volving nice and difficult questions of law, and requiring the exercise of the highest judicial qualities, accompanied by the power of readily investigating, marshalling, and applying facts, and deciding upon conflicting testimony. A judge of a County Court, to perform his duty satisfactorily, must be capable of great drudgery, as well as competent in other respects. If such a man has been found to accept the situation, and is willing to retain it, few will think him overpaid with a salary of 1,2001. a year. THE Accountant-General's Annual Account has just been printed, showing the expenditure for the Judges, Officers, and Clerks of the Court of Chancery,-all or nearly all of which ought to be borne by the public at large. It will be observed that upwards of 70,000l. a year is drawn from the Suitors' Fund, and upwards of 137,0007. a year from the Fee Fund :-the latter sum must, in the first instance, be advanced by the solicitors of the court, a large part of which is lost, and another large part barely refunded without interest or profit. Out of the Suitors' Fund : Masters Accountant-Gen, and Clerks Clerk of Affidavits 877 5 6 291 5 6 365 7 7 3,602 17 11 5,876 8 11 Ushers, &c. of the Courts Officers Our apprehension is, that now, when the extent and nature of the duties to be performed are ascertained, and it is found how little that is desirable beyond the emolument attaches to the office, very few of the County Court judges, in whose capacity the public feel confidence, will retain the office with satisfaction after the salary has To the Judges been fixed. As already stated, the emoluments, received by the judges and officers of many of the courts from fees, doubleand in some instances, treble-the highest salaries they could be entitled to receive under the act of parliament. It would not be reasonable to expect any class of persons-professional or unprofessionalto be particularly gratified by a considerable reduction of income. We understand the judges and other officials of the County Courts are extremely dissatisfied with the proposed change. Whenever it takes place, the result, we have no doubt, will be perceptible in the mode in which business is conducted before the new tribunals. The work will be got through, we dare say, but we shall be much surprised if it be not soon discovered that the number of workmen must be increased; for already it is more than insinuated that the new judges are overworked. If those in authority conceive, that experience justifies them in going to parliament for power to fix the salaries of the judges and officers of the County Courts at larger amounts than they are empowered to do under the existing law, other provisions of the County Courts Act will come under consideration, and the notice of the legislature must be drawn to the total inadequacy Solicitor to Suitors' Fund Total payments 645 18 5 4,394 127 The following are the payments made out of the Fee Fund : Compensation to Masters and £ s. d. Salaries to Clerks . . 16,128 18 8 Salaries and Compensations to Registrars and Clerks 26,774 1 8 Report Office 6,150 0 0 Examiners . cords and Writs, Clerks, &c. 33,171 17 8 41,000 2/2 1,187 15 11 137,293 17 7 |