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Witnesses' Bill.-The Site of the New Courts of Law.

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said, out of the funds from which the costs at Edinburgh, or in case such service was had of criminal prosecutions are now defrayed; s. 8.

Clerks to justices.-No clerk to the justices in petty sessions shall, either by himself, or by his partner, clerk, or agent be engaged in the prosecution or defence of any criminal case at any assize or quarter sessions where such case shall have been sent from the petty sessional division for which such clerk shall act; s. 9.

WITNESSES' BILL.

GREAT inconvenience arises in the administration of justice from the want of a power in the Superior Courts of Law to compel the attendance of witnesses resident in one part of the United Kingdom at a trial in another part, and the examination of such witnesses by Commissioners is not in all cases a sufficient remedy for such inconvenience: It is therefore proposed to enact as follows:

in Ireland to any of her Majesty's Superior Courts of Common Law at Dublin; and the Court to which such certificate is so sent shall and may thereupon proceed against and punish the person so having made default in like manner as they might have done if such person had neglected or refused to appear in obedience to a writ of subpoena or other process issued out of such last-mentioned Court.

4. Nothing herein contained shall alter or affect the power of any of such Courts to issue a commission for the examination of witnesses out of their jurisdiction, in any case in which, notwithstanding this Act, they shall think fit to issue such commission.

5. Nothing herein contained shall alter or affect the admissibility of any evidence at any trial where such evidence is now by law receiv able, on the ground of any witness being beyond the jurisdiction of the Court, but the admissibility of all such evidence shall be determined as if this Act had not passed.

THE SITE OF THE NEW COURTS

OF LAW.

1. If, in any action or suit now or at any time hereafter depending in any of her Majesty's Superior Courts of Common Law at Westminster or Dublin, or the Court of Ses- AN able Letter from Dr. Walter Lewis, sion or Exchequer in Scotland, it shall appear the Medical Superintendent of the Medical to the Court in which such action is pending, Board of Health, addressed to the General or, if such Court is not sitting, to any Judge Board of Health, appeared in the Morning of any of the said Courts respectively, that it is Chronicle of the 4th instant, accompanied proper to compel the personal attendance at any time of any witness who may not be with- by a Letter from Professor Owen, relating in the jurisdiction of the Court in which such to the proposed Building of the New Courts action is pending, it shall be lawful for such on the interior of Lincoln's Inn Fields. Court or Judge, if in his or their discretion it From these important documents, we shall shall so seem fit, to order that a writ called a submit some extracts to the consideration writ of subpoena ad testificandum or of subpoena of our readers. Dr. Lewis thus commences duces tecum or warrant of citation shall issue in his letter:special form, commanding such witness to attend such trial wherever he shall be within the United Kingdom, and the service of any such writ or process in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if the same had been served within the jurisdiction of the Court from which it issues.

2. Every such writ shall have at foot thereof a statement or notice that the same is issued by the special order of the Court or Judge, as the case may be; and no such writ shall issue without such special order.

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"As a scheme has lately been under public notice for erecting new Law Courts in Lincoln's Inn Fields, I deem it my duty to lay before your honourable Board some account of the sanitary condition of the neighbourhood of that open space, in order that the proposal may not be adopted in ignorance of its probable effects upon the health of a considerable population in the heart of the metropolis. The general sanitary condition of the neighbourhood may be described very briefly. The square in question is situated in one of the most crowded 3. In case any person so served shall not ap- districts in London, consisting in a great meapear according to the exigency of such writ or sure of courts and alleys, which contain a poprocess, it shall be lawful for the Court out of pulation many times larger than the laws of which the same issued, upon proof made of the health ever permit with impunity. These service thereof, and of such default to the sa-courts and alleys, also, are narrow, confined, tisfaction of the said Court, to transmit a cer- and unventilated, and the houses, consisting tificate of such default under the seal of the generally of six rooms, are utterly destitute of same Court, or under the hand of one of the every sanitary requirement. With this preJudges or Justices of the same, to any of her liminary observation, I proceed to lay before Majesty's Superior Courts of Common Law at you a description of a few of the localities Westminster, in case such service was had in which I recently inspected in company with England, or in case such service was had in Mr. Lovatt, the district medical officer, Mr. Scotland to the Court of Session or Exchequer Cadogan and Mr. Heraud, the inspectors of

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The Site of the New Courts of Law.

pavements, premising only that the number of the health and lives of the surrounding inmates of the different houses is, I believe, in population." most cases understated, as many of the occu

piers, particularly the Irish, take in lodgers without the knowledge of their landlords, and cannot be prevailed upon to state truly the extent to which they carry the system of subletting."

Dr. Lewis then proceeds to describe the various courts, alleys, and passages in the Liberty of the Rolls, and St. Clement Danes, occupying the east and south sides of Lincoln's Inn, and particularly the site lying between Carey Street and the Strand, on which the New Courts and Offices are proposed by the Incorporated Law Society to be erected. Within this dense region are numerous places of which we never before heard such as Bowl and Pin Alley, Kingsbury Place, Bonds' Buildings, Swan Court, Lee's Buildings, Bailey's Court, Ship Yard, Yates' Court, Gilbert Street, Plough, Bennett's, and Nagshead Courts, with divers others, of which we have occasionally heard complaints of various kinds.

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The statement specifies the length and breadth of these blocks of houses and the number of the inhabitants crowded within them. For instance, ten houses with 106 occupants; six with 96 persons; twentythree with 342 tenants; and many single small houses filled with upwards of 30

persons.

vary

This testimony of Dr. Lewis is supported by the following opinion of Professor Owen, given in a letter addressed to Dr. Lewis:—

"When the proposition to offer the site of Lincoln's Inn Fields to the Government for the purpose of erecting 'Law Courts' in the gardens, was mooted at a meeting of the trustees of the square, I opposed the motion, on the grounds—

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"2. That chemical science has since shown that a place well planted with trees and shrubs, like the gardens in Lincoln's Inn Fields, is directly operative in the warmer months of the year, when the leaves are out, in absorbing deleterious gases and giving out vitalizing gas (oxygen), and that the wilful destruction of so many well-grown trees would be a barbarous and ignorant direct deterioration of the healthsustaining influences already too sparingly developed in London.

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3. That the giving up of the open planted space in Lincoln's Inn Fields would also indirectly operate in deteriorating the healthy state The Medical Superintendent states, that ing away of old overcrowded dwellings in the of London, by rendering unnecessary the clear-"Not one of these places has a sufficient vicinity, on the score of obtaining space near circulation of air. Instead of having the the present Inns of Court for the proposed minimum width sanctioned by the laws of new Law Courts; and, health, of thirty or forty feet, they generally "4. That the only intelligible ground for in breadth from six to twelve feet. Fur- the proposition, candidly set forth by one of the ther, many of them are not merely narrow, trustees, a proprietor of property in Lincoln's Inn Fields, but not a resident-viz., the augbut they do not possess the advantage of Imentation in the value of such property, and leading into principal streets. They are in the prevention of the deterioration of such many instances but the offshoots, as it value, as a consequence of the Law Courts ocwere, of other narrow courts, which again cupying the site of the present gardens in the are sometimes but intermediately con- square-was one which the increased and innected, by means of other courts, with creasing sense of public morality would scout; open thoroughfares. Under such circum- and I concluded by expressing my conviction stance, pure air does not easily reach the that let the majority in favour of the proposition be what it might, the trustees would only densely peopled houses, which so much restultify themselves in carrying it, for public quire it; but, beyond question, the supply, opinion, as at present enlightened on the nadefective as it is, is much greater than it ture and importance of preventive sanitary would be if the large open space in the measures, would never permit such a proposineighbourhood where the air now circulates tion as covering Lincoln's Inn Fields with without impediment were covered with smoke-emitting buildings, obstructive of free buildings. In a sanitary point of view, ventilation, to be carried into effect. The moLincoln's Inn Fields is a great reservoir, tion, nevertheless, was carried by a majority of from which the miserable localities I have trustees, holders of property, but not resident in Lincoln's Inn Fields; and the same result described derive their stunted supply of took place at the meeting of freeholders and atmospheric air, and in my opinion that leaseholders of Lincoln's Inn Fields, held afterreservoir cannot be filled up or encroached wards at the Freemasons' Tavern, the nonupon without disastrous consequences to resident freeholders being the majority.""

Mortmain Bill.-Review: Hamel on the Laws of the Customs.

Dr. Lewis thus concludes :

"If a site should be required for the erection of Law Courts in the neighbourhood in question, I would suggest that that portion of the parish of St. Clements Danes that is now covered with the close, overcrowded courts and alleys above-described should be selected in preference to the square which is now offered for that purpose. When cleared of its present unhealthy tenements, the site in question would, from its immediate contiguity to the Temple, as well as to Lincoln's Inn, be much more convenient to the two great branches of the Bar, and consequently to the Public; and the removal of the Law Courts, instead of injuring the neighbourhood in which they would be established, would be productive of vast benefit to the entire metropolis, by sweeping away one of the worst hotbeds of disease within its limits."

MORTMAIN BILL.

THE following provisions in the Mortmain Bill require the attention of solicitors in the preparation of wills, and especially those who may be concerned for Charitable Institutions:By the 13th section of this Bill, it is proposed to enact, that "it shall be lawful for any person to bequeath any description of personal estate to any charitable purpose, subject to the following conditions;

"That the will shall be duly executed and attested three months before the death of the testator, and that within one month after the date or execution thereof, a notice signed by the testator of the amount so given, and the nature of the trust to which it is given, shall be delivered to the Charity Commissioners; "Provided always, that if the will is executed by any person not at the time within Great Britain or Ireland, it shall be sufficient if the notice above required be sent by the post to the said Charity Commissioners within the period of one month from the date of the execution of the will."

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dation than was effected by the two enactments relating to the Customs, passed in the Session of 1853. Before the execution of this arduous and important task, the law upon the subject had to be looked for through a complicated wilderness of no less than twenty separate Statutes. This was a grievance of the greatest possible public inconvenience, but peculiarly oppressive on that commercial community who are interested in an acquaintance with the obligations of Revenue Law. It was so felt by the Solicitor of Customs; and with the cordial concurrence, as he assures us, of the Commissioners, he projected and achieved a thorough correction of the evil.

If we do not forget, some jealous champion of Bar monopoly, some time ago, insisted that the office of Solicitor of Customs should be one of the exclusive prizes of barristers. The practice for a series of years gave some foundation to this unreasonable and arrogant pretension. It was, however, discovered after a rigid inquiry into the constitution and exigencies of the legal department of the Customs, that barristers made the most inefficient possible solicitors; and, on the recommendation of Sir Alexander Spearman and Mr. Hayter, the solicitorship became the prize of the Attorney Profession.

Need we do more in vindication of what was recommended by the above-named gentlemen, than point to what has been done by Mr. Hamel? What solicitor of customs, during the period that the office was exclusively held by barristers, ever accomplished so arduous a task? Be it understood, that the work undertaken was not merely to classify, condense, group, and arrange the law as it existed. The whole was to be

pruned of its verbosity, and a simple and place the phraseology of the old legislative perspicuous style of expression was to redraughtsmen. This Mr. Hamel has done, and to his own credit and that of the Profession of which he is a member-done with a success almost unexampled.

NOTICES OF NEW BOOKS. It seems scarcely credible, that within the compass of a single year the Customs The Laws of the Customs, consolidated by Laws should be codified, and a treatise of direction of the Lords of the Treasury the character now before us written by a (16 & 17 Vict. c. 106 and 107). With single hand. But, it will add to the reader's Commentary-Forms-Notes of De- surprise to be informed, that the labour was cisions in Customs Cases-an Appendix undertaken and the design carried through of the Act, and a copious Index. By concurrently with Mr. Hamel's unremit FELIX JOHN HAMEL, Esq., Solicitor ting attention to his daily duties as solicitor. for her Majesty's Customs. Yet we fail to discover in the work before It would be difficult to instance a more us the evidences of an over-wearied or dissuccessful specimen of Statute Law consoli- tracted mind. Had the volume been com

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28 London and Country Commissioners in Chan.—Acknowledgments of Married Women.

posed in the most tranquil haunts of seclusion, and without any object to divert the Author's mind from its preparation, it could not exhibit more decided proofs of deep attention and learned research.

LONDON COMMISSIONERS TO AD-
MINISTER OATHS IN CHANCERY.

FURTHER REGULATIONS.

(Signed) May 6, 1854.

By order of the Lord Chancellor.
W. C. SPRING RICE.
Principal Secretary.
COUNTRY COMMISSIONERS TO AD-

IN consequence of the great number of The interest of Mr. Hamel's Treatise gentlemen already appointed London Comaffects three classes of the community in missioners to administer Oaths in Chancery, particular. The commercial body are pri- the Lord Chancellor will not make any marily concerned in acquainting themselves further appointments at present, unless, in with every item of its contents; the Custom- addition to the certificates now required, house officer has a commensurate interest; the applicant produces one signed by two and, considering that it deals not only with householders, stating the necessity for an the whole law for the recovery of duties, pe-additional appointment, and a statement of nalties, and forfeitures, but with that which the number of Commissioners within a regulates the institution of criminal proceed- quarter of a mile of the applicant, and that ings on the prosecution of the Crown, we need he himself carries on his business upwards scarcely say, that the interest of the lawyer of a mile from Lincoln's Inn Hall. in the volume cannot be inferior to that of either the merchant or the officer of Customs. It is a strange fact, that before the publication of this volume, no work on the Customs Laws attempted even the slightest reference to the many reported decisions in Customs cases. Mr. Walford's book, though compiled by a barrister, was a mere edition of the Statutes as they existed at its date. Mr. Hamel's work evinces a thorough in- THE applicant must be a practising sotimacy with the learning of revenue law, as licitor of ten years' standing: he will be abounding in the reports, especially in the required to leave with the usual certificate Court of Exchequer, and also, as examined signed by two barristers a memorial signed in the manuscript reports taken in short by some of the public functionaries and hand for the Customs Department. In this professional persons in the town where he respect the Author has conferred a signal resides, that he is a fit and proper person benefit on the entire Legal Profession. But, for the office of a Commissioner, and that the boon will be peculiarly serviceable to an additional one is required to administer the Attorneys, bearing in mind the circum- oaths in the particular town or district. stance, that a large class of actions and informations, which could not be tried elsewhere than in the Court of Exchequer May 6, 1854. under the former Statutes, may under

MINISTER OATHS IN CHANCERY.

FURTHER REGULATIONS.

By order of the Lord Chancellor,
(Signed) W. C. SPRING RICE.
Principal Secretary.

the new Act be brought in the County ACKNOWLEDGMENTS OF MARRIED Courts, or before the Justices at Sessions. The course to be advised upon by the pro

WOMEN.

MISSIONERS.

fessional man is so dependent upon nice APPOINTMENT, DUTIES, AND FEES OF COMdiscriminations, as to peculiarity of circumstances and applicability of jurisdiction, that Mr. Hamel's lucid explanations appear an essential key to the Act, and ought therefore to be in the hands of every lawyer.

We regret not being able to make room for some extracts from the elegantly written historical introduction to the work, nor to add further to our unqualified testimony of the ability with which the volume has been composed, than to repeat our opinion that the Customs Department have every reason to felicitate themselves on the production, by one of their own chief officers, of a treatise evincing so much learning and talent.

HAVING received inquiries on the subject of the authority, duties, and fees of Perpetual Commissioners appointed under the Fines' and Recoveries' Abolition Act, we subjoin the substance of the enactments and Rules of Court on the subject:

Under sect. 79 of the 3 & 4 Wm. 4, c. 74, every deed by a married woman, not executed by her as protector, must be acknowledged by her before a Judge of one of the Superior Courts at Westminster,' or before two Perpe

I Masters in Chancery were authorised to take acknowledgments; but their office being abolished, the power has ceased.

Acknowledgments of Married Women.-Statistics of the County Courts.

tual Commissioners; &c., and under the 80th section, before such acknowledgment is received, she is to be examined apart from her husband.

Perpetual Commissioners are appointed under the authority of sect. 81, by the Lord Chief Justice of the Court of Common Pleas, and the proceedings are regulated by the General Rules of Hilary and Trinity Terms, 4 Wm.

4.

Under the 2nd rule of Hilary Term, it is necessary that one at least of the Commissioners shall be a person who is not in any manner interested in the transaction giving occasion for the acknowledgment, or concerned therein as attorney, solicitor, or agent, or as clerk to any attorney, solicitor, or agent so interested or concerned. Commissioners have a lien on the deed, certificate, &c., for their fees: Exparte Grove, 3 Bing. N. S. 304.

The fees are fixed by rule 8 of Hilary Term, 4 Wm. 4: the items are as follow::

To the two Perpetual Commissioners for taking an acknowledgment of every married woman, when not required to go further than a mile from their residence, being 13s. 4d. for each Commissioner £1 6 8

STATISTICS OF THE COUNTY
COURTS.

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ANALYSIS OF PARLIAMENTARY RETURN OF
BUSINESS,

1.

2.

3.

1.

From 1st January to 31st December, 1852.
Number of plaints entered:

Above 201., and not exceeding 50l.
Not exceeding 201.

Number of plaints tried:

Above 20%. and not exceeding 501.
Not exceeding 204.

12,567

. 461,582

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The number of days that the 60 Courts have sat, is 8,570.3

The total amount of moneys for which plaints were entered, is 1,579,3187.

5. The total amount of moneys for which judgment has been obtained, exclusive of costs,

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And the amount of such costs' is

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£797,997

190,480

£988,477

The amount of moneys paid into Court, in satisfaction of debts sued for, without proceeding to judgment, is . £107,979 7. The total of the Judges' fund and officers' fees, is £228,533 Which consists of Judges'

To each Commissioner, when required to go 6. more than one mile, but not exceeding three miles, besides his reasonable travelling expenses £1 1 0 To each Commissioner, where the distance required shall exceed three miles, besides his reasonable travelling expenses £2 2 0

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fees
Clerks' fees, including those
in cash book and in exe-
cution book

on executions. General fund

£84,390

84,370

59,773

Gross total of moneys received
8. The total amount of moneys

And by the 2nd rule of Trinity Term, 4 Wm. 4, where more than one married woman shall at the same time acknowledge the same deed, Bailiffs' fees, including those respecting the same property, the fees directed by the rules of Hilary Term to be taken, shall be taken for the first acknowledgment only; and the fees to be taken for the other acknowledgment or acknowledgments, how many soever the same may be, shall be one-half of the original fees; and so also, where the same married woman shall at the same time acknowledge more than one deed respecting the same property and in every case, the acknowledgment of a lease and release shall be considered and paid for as one acknowledgment only.

According to Exparte Webster, 1 Dowl. N. S. 678; 4 Scott, N. R. 636, the Commissioners must be appointed for the same district, although under s. 82 a "Commissioner for any particular county, &c., shall be competent to take the acknowledgment of any married woman wheresoever she may reside, and wheresoever the lands or money, in respect of which the acknowledgment is to be taken, may be;" but they can only act in the county for which they are appointed: Webster v. Carline, 4 Man. & Gr. 27.

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credit of the suitors was And the amount paid out 9. The number of causes tried by a jury is 796, in 404 of which the party requiring the jury obtained a verdict.

10. The number of executions issued by the clerk of the Court against the goods of defendants is

62,391

11. The number of warrants of commitments

This is exclusive of 1,261 summonses after judgment, and 35 successive summonses under rule 41. The average amount of each plaint is 37. 6s. 7 d., or 7s. less than the average in the year 1851.

2 Exclusive of 22 summonses after judgment.

This would make an average for each Court of nearly 143 days, or 24 weeks, in the course of the year, and includes sittings for insolvency business.

4 This amount includes the allowance to counsel, attorneys, and witnesses, which are frequently considerable.

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