« EelmineJätka »
Witnesses' Bill.--The Site of the New Courts of Law.
/ , of criminal prosecutions are now defrayed ; in Ireland to any of her Majesty's Superior S. 8.
Courts of Common Law at Dublin; and the Clerks to justices.- No clerk to the justices Court to which such certificate is so sent shall in petty sessions shall, either by himself, or by and may thereupon proceed against and punish his partner, clerk, or agent be engaged in the the person so having made default in like prosecution or defence of any criminal case at manner as they might have done if such person any assize or quarter sessions where such case had neglected or refused to appear in obedience shall have been sent from the petty sessional to a writ of subpæna or other process issued division for which such clerk shall act ; 8. 9. out of such last-mentioned Court.
4. Nothing herein contained shall alter or WITNESSES' BILL.
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, GREAT inconvenience arises in the admi- notwithstanding this Act, they shall think fit to nistration of justice from the want of a issue such commission. power in the Superior Courts of Law to 5. Nothing herein contained shall alter or compel the attendance of witnesses resident affect the admissibility of any evidence at any in one part of the United Kingdom at a trial trial where such evidence is now by law receiv. in another part, and the examination of such able, on the ground of any witness being bewitnesses by Commissioners is not in all missibility of all such evidence shall be deter
yond the jurisdiction of the Court, but the adcases a sufficient remedy for such incon- mined as if this Act had not passed. venience : It is therefore proposed to enact as follows:
THE SITE OF THE NEW COURTS 1. If, in any action or suit now or at any
OF LAW. 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 seen fit, to order that a writ called a submit some extracts to the consideration writ of subpena ad testificandum or of subpæna 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 “ As a scheme has lately been under public United Kingdom, and the service of any such notice for erecting new Law Courts in Lincoln's writ or process in any part of the United King-Inn Fields, I deem it my duty to lay before dom shall be as valid and effectual to all in- your honourable Board some account of the tents and purposes as if the same had been sanitary condition of the neighbourhood of served within the jurisdiction of the Court that open space, in order that the proposal may from which it issues.
not be adopted in ignorance of its probable 2. Every such writ shall have at foot thereof effects upon the health of a considerable popua statement or notice that the same is issued lation in the heart of the inetropolis. The geby the special order of the Court or Judge, as neral sanitary condition of the neighbourhood the case may be ; and no such writ shall issue may be described very briefly. The square in without such special order.
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 band 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
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 occupiers, particularly the Irish, take in lodgers by the following opinion of Professor Owen,
This testimony of Dr. Lewis is supported without the knowledge of their landlords, and cannot be prevailed upon to state truly the given in a letter addressed to Dr. Lewis :extent to which they carry the system of sub- “When the proposition to offer the site of letting.'
Lincoln's Inn Fields to the Government for the Dr. Lewis then proceeds to describe the purpose of erecting ‘Law Courts' in the garvarious courts, alleys, and passages in the of the square, I opposed the motion, on the
dens, was mooted at a meeting of the trustees Liberty of the Rolls, and St. Clement
grounds Danes, occupying the east and south sides
“1. That the preservation of so extensive an of Lincoln's Inn, and particularly the site open space in the centre of London was of much lying between Carey Street and the Strand, importance to the health, comfort, and conon which the New Courts and Offices are venience of the densely populated neighbour, proposed by the Incorporated Law Society hood of the square, the sanitary ground urged to be erected. Within this dense region in the Act of Parliament incorporating the are numerous places of which we never be trustees for the purpose amongst others of fore heard : such as Bowl and Pin Alley,
preventing additional buildings in the said Kingsbury Place, Bonds’ Buildings, Swan was upwards of a century ago.
"fields,” being still more urgent now than it Court, Lee's Buildings, Bailey's Court, Ship ".2. That chemical science has since shown Yard, Yates' Court, Gilbert Street, Plough, that a place well planted with trees and shrubs, Bennett's, and Nagshead Courts, with like the gardens in Lincoln's Inn Fields, is divers others, of which we have occasion- directly operative in the warmer months of the ally heard complaints of various kinds.
year, when the leaves are out, in absorbing de
leterious The statement specifies the length and (oxygen), and that the wilful destruction of so
gases and giving out vitalizing gas breadth of these blocks of houses and the
many well-grown trees would be a barbarous number of the inhabitants crowded within and ignorant direct deterioration of the healththem. For instance, ten houses with 106 sustaining influences already too sparingly deoccupants; six with 96 persons; twenty-veloped in London. three with 342 tenants ; and many single «63. That the giving up of the open planted small houses filled with upwards of 30 space in Lincoln's Inn Fields would also indipersons.
rectly operate in deteriorating the healthy state The Medical Superintendent states, that of London, by rendering unnecessary the clear-“ Not one of these places has a sufficient vicinity, on the score of obtaining space near
ing away of old overcrowded dwellings in the 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 “64. That the only intelligible ground for vary 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 but they do not possess the advantage of Inn Fields, but not a resident-viz., the augleading into principal streets. They are in mentation in the value of such property, and many instances but the offshoots, as it value, as a consequence of the Law Courts oc
the prevention of the deterioration of such were, 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 proposidensely peopled houses, which so much re
tion be what it might, the trustees would only quire it; but, beyond question, the supply, opinion, as at present enlightened on the na
stultify themselves in carrying it, for public defective 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 described derive their stunted supply, of took place at the meeting of freeholders and
in Lincoln's Inn Fields; and the same result 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.
27 Dr. Lewis thus concludes :
dation than was effected by the two enact"If a site should be required for the erection ments relating to the Customs, passed in of Law Courts in the neighbourhood in
the Session of 1853. Before the execution
ques. tion, I would suggest that that portion of the of this arduous and important task, the law parish of St. Clements Danes that is now upon the subject had to be looked for covered with the close, overcrowded courts and through a complicated wilderness of no less alleys above-described should be selected in than twenty separate Statutes. This was a preference to the square which is now offered grievance of the greatest possible public infor that purpose. When cleared of its present convenience, but peculiarly oppressive on unhealthy tenements, the site in question that commercial community who are interwould, from its immediate contiguity to the Temple, as well as to Lincoln's Inn, be much ested in an acquaintance with the obligations more convenient to the two great branches of of Revenue Law. It was so felt by the Sothe Bar, and consequently to the Public; and licitor of Customs; and with the cordial the removal of the Law Courts, instead of in- concurrence, as he assures us, of the Comjuring the neighbourhood in which they would missioners, he projected and achieved a be established, would be productive of vast be- thorough correction of the evil. nefit to the entire metropolis, by sweeping away one of the worst hotbeds of disease with
If we do not forget, some jealous chamin its limits.”
pion of Bar monopoly, some time ago, in
sisted that the office of Solicitor of Customs MORTMAIN BILL.
should be one of the exclusive prizes of
barristers. The practice for a series of The following provisions in the Mortmain sonable and arrogant pretension. It was,
years gave some foundation to this unreaBill require the attention of solicitors in the however, discovered after a rigid inquiry preparation of wills, and especially those who into the constitution and exigencies of the may be concerned for Charitable Institutions:- legal department of the Customs, that bar
By the 13th section of this Bill, it is pro- risters made the most inefficient possible posed to enact, that “it shall be lawful for any solicitors ; and, on the recommendation of person to bequeath any description of personal Sir Alexander Spearman and Mr. Hayter, estate to any charitable purpose, subject to the the solicitorship became the prize of the following conditions ;
Need we do more in vindication of what “That the will shall be duly executed and at
was recommended by the above-named gentested three months before the death of the tlemen, than point to what has been done testator, and that within one month after the by Mr. Hamel? What solicitor of customs, date or execution thereof, a notice signed by during the period that the office was excluthe testator of the amount so given, and the sively held by barristers, ever accomplished nature of the trust to which it is given, shall be so arduous a task ? Be it understood, that delivered to the Charity Commissioners;
the work undertaken was not merely to “ Provided always, that if the will is executed classify, condense, group, and arrange the by any person not at the time within Great law as it existed. The whole was to be Britain or Ireland, it shall be sufficient if the pruned of its verbosity, and a simple and notice above required be sent by the post to place the phraseology of the old legislative the said Charity Commissioners within the
draughtsmen. This Mr. Hamel has done, period of one month from the date of the exe- and to his own credit and that of the Procution of the will."
fession 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 a 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 unremitFelix 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
us the evidences of an over-wearied or dissuccessful specimen of Statute Law consoli- tracted mind. Had the volume been com
London and Country Commissioners in Chan.- Acknowledgments of Married Women. posed in the most tranquil haunts of seclu- LONDON COMMISSIONERS TO ADsion, and without any object to divert the MINISTER OATHS IN CHANCERY. Author's mind from its preparation, it could not exhibit more decided proofs of deep at
FURTHER REGULATIONS. tention and learned research.
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 offieer has a cominensurate 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 By order of the Lord Chancellor. either the merchant or the officer of Cus- (Signed) W.C. SPRING RICE. toms. It is a strange fact, that before the May 6, 1854. Principal Secretary. publication of this volume, no work on the Customs Laws attempted even the slightest COUNTRY COMMISSIONERS TO ADreference to the many reported decisions in
MINISTER OATHS IN CHANCERY. Customs cases. Mr. Walford's book, though compiled by a barrister, was a mere edition
FURTHER REGULATIONS. of the Statutes as they existed at its date. Mr. Hamel's work evinces a thorough in- The applicant must be a practising sotimaey 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 By order of the Lord Chancellor, informations, which could not be tried (Signed) W. C. Spring Rice. elsewhere than in the Court of Exchequer May 6, 1854. Principal Secretary. under the former Statutes, may under the new Act be brought in the County ACKNOWLEDGMENTS OF MARRIED Courts, or before the Justices at Sessions.
WOMEN. The course to be advised upon by the professional man is so dependent upon nice APPOINTMENT, DUTIES, AND FEES OF comdiscriminations, as to peculiarity of circumstances and applicability of jurisdiction, that Mr. Ilamel's lucid explanations appear an
Having received inquiries on the subject of essential key to the Act, and ought there the authority, duties, and fees of Perpetual fore to be in the hands of every lawyer.
Commissioners appointed under the Fines' and We regret not being able to make room Recoveries’ Abolition Act, we subjoin the subfor some extracts from the elegantly written stance of the enactments and Rules of Court on historical introduction to the work, nor to the subject:add further to our unqualified testimony of Under sect. 79 of the 3 & 4 Wm. 4, c. 74, the ability with which the volume has been every deed by a married woman, not executed composed, than to repeat our opinion that by her as protector, must be acknowledged by the Customs Department have every reason
her before a Judge of one of the Superior to felicitate themselves on the production,
Courts at Westminster,' or before two Perpe. by one of their own chief officers, of a trea
Masters in Chancery were authorised to tise evincing so much learning and talent.
take acknowledgments; but their office being abolished, the power has ceased.
ANALYSIS OF PARLIAMENTARY RETURN OF
Acknowledgments of Married Women.-Statistics of the County Courts. tual Commissioners; &c., and under the soth STATISTICS OF THE COUNTY section, before such acknowledgment is re
COURTS. ceived, she is to be examined apart from her husband.
Perpetual Commissioners are appointed under the authority of sect. 81, by the Lord Chief
BUSINESS, Justice of the Court of Common Pleas, and
From 1st January to 31st December, 1852. the proceedings are regulated by the General 1. Number of plaints entered : Rules of Hilary and Trinity Terms, 4 Wm. Above 201., and not exceeding 501. 12,567
Not exceeding 201.
461,582 Under the 2nd rule of Hilary Term, it is necessary that one at least of the Commissioners
* 474,149 shall be a person who is not in any manner interested in the transaction giving occasion for
2. Number of plaints tried : the acknowledgment, or concerned therein as
Above 20l. and not exceeding 501. 7,020 attorney, solicitor, or agent, or as clerk to any
Not exceeding 201.
237,618 attorney, solicitor, or agent so interested or concerned. Commissioners have a lien on the
2 244,638 deed, certificate, &c., for their fees: Exparte 3. The number of days that the 60 Courts have Grove, 3 Bing. N. S. 304.
sat, is 8,570,* The fees are fixed by rule 8 of Hilary Term, 1. The total amount of moneys for which 4 Wm. 4: the items are as follow :
plaints were entered, is 1,579,3181. To the two Perpetual Commissioners for 5. The total amount of moneys for which judgtaking an acknowledgment of every married ment has been obtained, exclusive of costs, woman, when not required to go further than is
£797,997 a mile from their residence, being 138. 4d. for And the amount of such costs * is 190,480 each Commissioner £1 6 8
£988,477 To each Commissioner, when required to go 6. The amount of moneys paid into Court, in more than one mile, but not exceeding three miles, besides his reasonable travelling ex
satisfaction of debts sued for, without propenses
£107,979 ceeding to judgment, is . £l 10
7. The total of the Judges' fund and officers' To each Commissioner, where the distance
£228,533 required shall exceed three miles, besides bis
Which consists of Judges' reasonable travelling expenses
fees £2 2 0
£84,390 Clerks' fees, including those
in cash book and in exeAnd by the 2nd rule of Trinity Term, 4 Wm.
cution book 4, where more than one married woman shall
84,370 at the same time acknowledge the same deed,
Bailiffs' fees, including those
59,773 respecting the same property, the fees directed
. 41,252 by the rules of Hilary Term to be taken, shall be taken for the first acknowledgment only;
£269,785 and the fees to be taken for the other acknow. Gross total of moneys received ledgment or acknowledgments, how many so- 8. The total amount of moneys received to the ever the same may be, shall be one-half of the credit of the suitors was
£630,371 original fees; and so also, where the same And the amount paid out
630,688 married woman shall at the same time acknow. 9. The number of causes tried by a jury is ledge more than one deed respecting the same 796, in 404 of which the party requiring property: and in every case, the acknow- the jury obtained a verdict. ledgment of a lease and release shall be con- 10. The number of executions issued by the sidered and paid for as one acknowledgment clerk of the Court against the goods of deonly.
62,391 According to Exparte Webster, 1 Dowl. 11. The number of warrants of commitments N. S. 678; 4 Scott, N. R. 636, the Commis. sioners must be appointed for the same dis- | This is exclusive of 1,261 summonses after trict, although under s. 82 a “Commissioner judgment, and 35 successive summonses under for any particular county, &c., shall be com- 'rule 41. The average amount of each plaint is petent to take the acknowledgment of any 31, 6s. 7d., or 78. less than the average in the married woman wheresoever she may reside, year 1851. and wheresoever the lands or money, in re- . Exclusive of 22 summonses after judgment. spect of which the acknowledgment is to be * This would make an average for each Court taken, may be ;” but they can only act in the of nearly 143 days, or 24 weeks, in the course county for which they are appointed : Webster of the year, and includes sittings for insolvency 5. Carline, 4 Man. & Gr. 27.
4 This amount includes the allowance to counsel, attorneys, and witnesses, which are frequently considerable.