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Alterations in the Law. to write a treatise on a subject which I think any county. The 9th section contemplates will be generally admitted, the mere exposure that service in any county may not be sufficient of cases of injustice and failures of justice by for the ends of justice, and accordingly enacts technicalities (which must fall under the notice that concurrent writs may be issued in a of attorneys) would surely be a great advantage limited manner therein described, the value of to the public. But to return to the “ amend- which seems to be rather problematical. The ment” and “improvement” which should be use of a concurrent writ formerly was (or was before us. Your readers are doubtless aware, understood to be the possibility of service in a if not well acquainted with, three new Acts of different county than that into which the origiParliament -- one to annend the practice of the nal writ issued. If it be on account of the Superior Courts ; a second to abolish the office plurality of defendants that the new concurrent of Master in Chancery and for despatch of writ is given, it certainly would appear a very business; and the third to amend the practice clumsy way of amending the law to allow a in Chancery. Now, sir, to do justice to these writ to be served in any county, and yet if it Acts, 1 at once admit that they are the best I be necessary to serve more than one defendant ever saw,- at least the intention deserves high in different counties you must have two, three, commendation; but this is rather a censure or more writs. It seems to me, that instead of upon Acts of Parliament generally than an en-calling them concurrent writs, they would be comium upon the individual Acts.
| better known as complicated writs. The 21st To commence with No. 1,- The Common section is a chef d'autre of imperfection, which Law Procedure Act. We have (or had) a to be fully appreciated must be carefully read theory in law by which we professed to re- /(and if possible digested),—its sublimity exists spect one day of the week,—“ mais nous avons in its last two words, which are well adapted to changé tout cela,”-therefore this Act (as a invite negligence and carelessness on the parts precedent I suppose) comes into operation on of attorneys and their clerks. The 24th section the 24th of October-a Sunday. Now, as it abolishes distringas, and by consequence inferwould not be polite to imagine that “the entially outlawry upon mesne process. It is Queen's most excellent Majesty and the Lords desirable that outlawry should be abolished or Spiritual and Temporal and Commons in Par- at least altered, but why is outlawry on final liament assembled” could be guilty of negli- process to remain in statu quo. By the Law of gence, of course the result is plain that this Outlawry the defendant on mesne process must Act is intentionally made to commence on a not be in England. By the Law of Outlawry, Sunday, However that may be, an expounder the defendant on final process must be in Engor interpreter of this Act may be puzzled for a land, or the outlawry was reversible. But it reason why so important an Act of Parliament becomes wearisome to find fault, and the public comes in force on a dies non ; it may be an must experience the metaphysical sublimity evidence of the extraordinary care and atten- of such a system of amendment of procedure. tion bestowed, although had an attorney been The second Act is for the Abolition of the so attentive to his client's interest as to start Masters' Office in Chancery, and for the desthe fashion for dating legal proceedings on a patch of business in the said Court. What an Sunday it might be considered that he had affinity there is between the despatch of busibeen somewhat too attentive to the interest of ness and the despatching of the Masters, I his client. It would be difficult to review this know not, but doubtless some of your corresAct in the small space of a letter, but I think pondents can enlighten the Profession. it is hardly fair that the world should give that The third Act, called An Act for the Imcredit to Parliament which properly belongs to provement of the Jurisdiction of Equity, is enmembers of the Profession of whatever branch it titled “to Amend the Practice and course of may consist, particularly as the best part of this Proceeding in the High Court of Chancery." Act was suggested by attorneys. The second Surely it requires a " lynx-eyed” Chancellor set of Rules, Hilary Term, 4 Wm. 4, rule 1, is to observe the nicety of distinction in the titles. almost verbatim with the 54th section of the Is it not something new to speak of the practice new Act. Rule 9 is almost verbatim with the as superior to the jurisdiction With regard 66th section, and Rules 10 and 11 with the to these Acts, therefore, we may say the first is 67th section. Probably some of your readers the best of the three--but the second and third may be able to divine some advantage to be are so incongruously mixed, that if passed at obtained by enacting this as law which is so all, either they should have been very differently without enactment, the only one which sug- divided, or else they should have been passed gests itself to me is the one which must accrue as one Act. to the Queen's printer (which be it remem! With regard to the methods adopted for Rebered is at the expense of that class which must form they are rather amusing if it be only from pay for Acts of Parliament). It may be wrong, the manifest contradictions they present, thusbut some persons might think that to compel a Chancery is tired of petty slips of subpæna to purchaser to buy that which he does not want appear and writs of summons, and for the for the sake of that which he does is rather a future, to ensure the complete dégout of every one-sided specimen of Free Trade. The 6th one for Chancery proceedings, declares the section directs that the writ be issued into the defendant shall have a printed bill of complaint, county where the defendant resides, but the section 3. The section 4 directs, that the print14th section enacts that it may be served in led bill be filed, and the section 5 enacts, that a
Alterations in the Law.-Attorneys to be Admitted.
131 printed copy bill shall be served on defendant. seeks to extend the use of the writ, as being the So the defendants is to have the bill which is most simple form, and the Act for Improveto be filed, and a copy besides-I hope he will ment of Equity destroys the writ. The Comfind them interesting. Certainly the section 9 mon Law Procedure Act, to a certain extent, anticipates the probable reception of this petty abolishes special pleading the Act for the Imchaos of incomprehensible legislation, by mak-provement of Equity endeavours to frame one. ing it lawful for the Lord Chancellor to go This does seem like burning the candle at back to the original state of things. The sec- both ends—one Act certainly proceeds on a tion 10 directs, that every bill of complaint very different theory from the other, the one to shall be framed in a particular form, with num-simplify, the other to render complex the subbered paragraphs. The section 37 enacts, that ject to be dealt with. The Common Law Proevery affidavit shall be divided into paragraphs, cedure Act is undoubtedly founded on comand every paragraph shall be numbered. By mon sense, but the Act for the Improvement the section 12, interrogatories are to be filed, of Equity is founded (if it has any foundation separate from the bill, and no defendant shall at all) on something far inferior, and the sooner be required to answer unless interrogatories that blotch is off the Statute Book the better, are filed, and by the section 13, the defendant at least such is the humble opition of may file an answer, even if interrogatories are
T. H. S. not filed. So much for the formality of accidental pleadings as improved by the late Act.
[We insert our Correspondent's remarks, On examination of the three Acts, the result but cannot agree in the justice of many of is plain. The Common Law Procedure Act them.-Ed.]
ATTORNEYS TO BE ADMITTED.
Hilary Term, 1853.*
To whom Articled, Assigned, &c.
sq.; Bradford, Wilts; and Gt. James-st. . Wm. Stone
Kingston-upon-Hull . . . . . W. Ayre, jun.; W. Sanger
Thomas Baddeley Bartleet, William Smith. Stourbridge: ånd Rinka
down Baugh, George, ii, Blomfield-ter: Pimliciosa: George C. Vernon and L. Minshall
Broseley. Bayley, Edw. D'Oyly, Stockton-on-Tees; and Pa-' kenham-st., . . .
· William Bayley, Henry Barnes, and Joseph Dodds Bell, John Leonard, 2, Vernon-pi., Bloomsbury
sq., ; Bourn ; and University-st. . . William David Bell Bell, Octavius, Much Hadham ; Newcastle-on
Tyne; 31, Frederick-street, St. Pancras . Cuthbert Umfreville Laws Berridge, Robert Bristow, 18, Ampton-st., Gray's
inn; and Leicester . . . . . Samuel Berridge Bimson, John, Everton, Liverpool
. . George Barker Carter Breeze, Robert, 21, St. Mary-le-Strand-place, Old Kent-road , :
. . . Broad, Joseph. Tunstali
. . J. Newbold; E. W. Field
. . William Cooper Bunting, John, 9, Percy-circus, Penton ville ; and Mansfield
. ... James Blythe Simpson; Richard Parsons Burch, Arthur, 5, Pilgrim-street ; St. Thomas the Apostle ; Devonshire .
. William Lambert, jun.; C. H. R. Rhodes Caltbrop, Thomas Dounie, 4, Upper-park-place, Blackbeath . . •
John Snaith Rymer Carrington, Charles James, 2, Cambridge-terrace,
Islington ; and Crofts Bank, near Manchester. John Barlow, jun. Cartwright, John Urry H., Lower Brunswick-ter.;
Baker-street ; Bawtry. . . . . F. H. Cartwright; T. C. Leitch; and W. Thorpe
• The names of 51 applicants, who gave notice for Michaelmas Term, as well as Hilary, and who were examined and admitted in Michaelmas Term, are omitted in this List. The number, which would have been 143 for next Term, is now reduced to 92, and even some of these have not given Examination notices; so that at present the number is only 84.
Attorneys to be Admitted.
To whom Articled, Assigned, &.c.
. . E. E. Clark
and Andover . . . . . . . Henry Earle
'. Jobn Atkinson Evans, Asa Johnes, Penrallt, Cadogan; and 18,
Upper Marylebone-street . . . . James Smith
?. R. J. Shafto
Henry Abbott Gaitskell, Alfred Ashley, Streatham .. . T. Pryer; W. S. Gaitskell; and T. H. Devonshire Girdlestone, James, Kingswinford ; and Gerard-st. J. Harwood Groves, Thomas George, 24, Newington-crescent . James Leman Hampson, Francis, Plaistow; and Rusholme . John Hampson Hanmer, Philip, 73, Margaret-street, Cavendishsquare . .
. . . Messrs. Potts and Brown Hayman, Philip Charles, 4, Gray's-inn-square ; and Old Bond-street . .
. . H. Trenchard; and H. S. Westmacott Hodgson, James Leyland, Hulme-within-Manches
ter; Walmer-place ; Longsit-within-Manchester . . .
: : . Thomas Dodge; and Alfred Lloyd Hardman Howell, Nathl., 8, Esher-st., Kennington; Portsea Archibald Low Jeffery, George, 42, Seymour-st., Liverpool ; and
Swinton-st., Gray's-inn-road . . . . Herbert Mends Gibson
sq.; and Bath . . . . . . Philip Henry Watts
court; and New Ross . . . . . T. H. Kough
;.. . James Ingram Maclure, Bowman, 14, Harley-street, Cavendishsquare . .
. . Thomas Alley Jones
• James Josiah Millard
Abbey-rd., St. Jobn’s-wood; and Tooley-st. '. Henry Wilcocks Hooper
George Walton Wright; and Frederick Turner
sex-hospital . . . . . . . A. Bell Payne, John Brown, Manchester : : :
• Alexander Oliver Pollock, Alfred Atkinson, 6, Frederick's-place, Old P. R. Alderson; P. J. T. Pearse ; and P.J.T.
Pearse, jun. gent's-park .
· William Pownall Proud, John, jun., 2, Stud
m; and Durham
Henry Joao Marsson
· W. P. Hooper Ram, Stephen Adye, 23, Red-lion-square ; and
ton-square; and Gerrard-street, Islington . Richard Mason
. . J. Robson Sanger, John Hi! Melton, Lower Calthorpe-s
Exeter; Devereux-court; Maze-pond; and
eet . .
. . . . R. Wreford; and J. N. Wilson Sankey, Herbert Tritton, 11, New Ormond-street;
Canterbury; and Great Ormand-street. '. Robert Sankey ; and William Pain Beecbam
Pownally,"enry Smith, 22, Gloucester-road, 'Ro
• J. Inglis
Kensington; and Kew:,,, Bellefield-house;
Attorneys to be Admitted.-Professional Lists.
133 Clerks' Names and Residences.
To whom Articled, Assigned, &c. Scott, George Edwards, 22, Alpba-road, St. John's
wood; and Conduit-street, Regent-street . Frederick James Fuller Scott, George Wm., 2, Great Dean's-yard, Westminster. .
. James Scott Selby, James Addison, 17, Clifford's-inn ; and
Albany-street, Regent's-park . . . . Thomas Selby Senior, Frederick Bernard, 3, Warwick-square,
William Chapman Sheppard, Augustus Frederick, Bellefield-house;
and Parson's-green, Fulham . . . . W. Parsons; and J. King Simpson, James Tennant, 5, Montague-place, Russell-square
. . James Alexander Simpson Smitb, Frederick, Hungerford ; and Caroline-st.,'
Bedford-square . . . . . . . W. W. Smith; W. Turner; and W. Withall Smith, Job Orton, 25, Bernard-street, Russell
square; and Canonbury.terrace . . . Pbiletus Richardson Snowball, George, Sunderland .
· George Walton Wright Sparrow, William David Lloyd, Derby; and 6,
Waverley-place, St. Jobn's-wood . . James Blythe Simpson Stiffe, Francis William Everitt, 8, Clement's-inn;
Clifton; and Percy-circus, Pentonville . . Alfred Cox
Surrey-street, Strand; Hall-street, Islington · George Tbomas, jun.
William Henry Turner
Wolverhampton ; Westbourne-terrace . . Messrs. Deakin and Dent
Gray's-inn-road . . . . . . Maurice Peter Moore
i . G. Waugh, sen.; and R. Edmunds Weekes, Charles Henry, 4, High-street, Blooms
bury; and Lamerton by Tavistock. . George W. Snell; and John V. Bridgman Whitfield, John Charles, Bristol . . . . W. Gresham; W. B. Cooper; George Wm. Whit
aker; Wm. Bartholomew; and Wm, Beavan Wightwick, William, Newgate-st.; Brunswick-st.,
Dover-road; Spencer-place, Brixton-road . Peter W. Fry Williams, Ebenezer Robins, 30, Claremont.square,
Pentonville ; and Edgbaston . . '. R. Gillam ; I. O. Jones; and R. Gillam, jun. Winearls, William Good, 45, Gower-pl., Eustonsquare ; and Norwich . . .
. William Rackham Wright, Egerton Leigh, Wigan . . R. Bloxham; R. Darlington; and T. F. Taylor Wyatt, William, 12, Cavendish-rd., Wandsworth ; and Stratford-place, Camden New-road. '. Nathaniel Mason
Added to the List pursuant to Judge's Orders.
PROFESSIONAL LISTS. MASTERS EXTRAORDINARY IN CHANCERY.
From November 23rd to Dec. 17th, 1852, both PERPETUAL COMMISSIONERS.
inclusive, with dates when gazetted. Appointed under the Fines and Recoveries' Act, Shindler, Robert, Brompton, Kent. Nov.
with dates when gazetted. Beale, William John, Birmingham, in and
Stansfield, John, Todmorden. Nov. 30. for the County of Warwick, also in and for the Counties of Stafford and Worcester. Dec. 7 DISSOLUTIONS OF PROFESSIONAL PART
NERSHIPS. Ford, Brutton John, Exeter, in and for the City and County of the City of Exeter, also in From November 23rd to Dec. 17th, 1852, both and for the County of Devon. Nov. 30.
inclusive, with dates when gazetted. Shindler, Robert, Chatham, in and for the Catterall, Peter, and Paul Catterall, jun., County of Kent. Nov. 30.
Preston, Attorneys and Solicitors. Dec. 10.
Gaskell, John ard Thomas Frederick Tay| lor, Wigan, Attorneys and Solicitors. Dec. 17. 131 Notes of the l’eek.--Procesdings in Parliament.-Superior Courts : Lord Chancellor.
Ilancock, Charles, and Henry Wells Young Spain for the Abolition of the Slave Trade, in 20, Tokenhouse Yard, Solicitors and Attorneys. the room of James Kennedy, Esq., retired. Nov. 30.
| The Queen has also been pleased to appoint Irwin, Anthony Wellington, and John Row-| Adam Murray Alerander. Esq., to be Second land Taylor, 5, Verulam Buildings, Gray's Inn, Puisne Judge of the Colony of British Guiana. Attorneys, Solicitors, and Conveyancers. Dec. From the London Gazette of 21st Dec.
NOTES OF THE WEEK.
PROCEEDINGS IN PARLIAMENT RE
LATING TO THE LAW.
CHANCERY CHAMBERS BUSINESS.
NEW COMMON LAW RULES.
House of Lords. We understand that the Judges, assisted by
New Bills. the Masters, are engaged in consolidating and Oaths in Chancery. Lord Chancellor.amending the whole of the Common Law Passed. Rules, so as to form, with the Common Law Law of Evidence and Procedure. Lord Procedure Act, a complete Code of Practice. Brougham.--For 2nd reading. This will be a very desirable work, alike ad- County Courts' Equitable Jurisdiction. Lord vantageous to all branches of the Profession, (Brougham.-For 2nd reading. facilitating the transaction of business, and County Courts' Further Extension. Lord conferring benefit, as such improvements ne
| Brougham.- For 2nd reading.
District Courts of Bankruptcy Abolition. cessarily must, on the suitor.
Lord Brougham.-For 2nd reading.
Metropolitan Building Act further Amend.
ment. For 2nd reading. All applications for time to plead, answer, or
1 Stamp Duties on Patents. Lord Chancel.
"lor.--2nd reading, 23rd Dec. demur, and for enlarging publication, or the time for closing evidence, are to be made dur
Hause of Commons. ing the Christmas Vacation at the Chambers of Vice-Chancellor Kindersley, at 15, Lincoln's
New Bills. Inn Old Square.
County Elections Polls. Lord Robert Grosvenor.- For 3rd reading, 16th Dec.
Stamp Duties on Patents for Inventions. NEW MEMBERS OF PARLIAMENT.
Mr. Wilson Patten.—Passed. Roger Johnson Smyth, Esq., for Lisburn, in Courts of Common Law (Ireland). Solithe room of Sir James Emerson Tennent, who citor-General of Ireland.-In Committee, 15th has accepted the office of Steward of her Majesty's Manor of Northstead.
Parliamentary Electors' Rates. Sir De Lacy Henry Austin Bruce, Esq., for Merthyr
County Financial Boards for Rating and Tidvil, in the room of Josiah John Guest, Bart., expenditure. Mr. Milner Gibson.-For 2nd deceased.
reading, 23rd Feb.
Designs' Act Extension. Lord Naas.- For LAW APPOINTMENTS.
2nd reading, 16th Feb. The Queen has been graciously pleased to Parish Constables. Mr. Deedes. For 2nd appoint George Canning Backhouse, Esq., to be reading. her Majesty's Judge in the mixed Court esta- Land Improvement (Ireland). In Commitblished at the Havanna under the Treaty of the tee, 16th Feb. 28th of June, 1835, between Great Britain and
RECENT DECISIONS IN THE SUPERIOR COURTS,
AND SHORT NOTES OF CASES.
1 Dec. 18.- Cox v. Dolman-Plaintiff held enDec. 15.- In re Alonmouthshire and Gla-titled to recover arrears of annuity. morganshire Banking Company, exparte Cape's - 18. 20.-Kerr v. Middlesex Hospitalexecutors-Appeal dismissed, with costs, from Appeal allowed from the Master of the Rolls, the Master of the Rolls.
- 15.- Sheffield v. Lord Coventry-Decree of Master of the Rolls reversed.