« EelmineJätka »
Proposed Half-Holiday on Saturdays.--Returns relating to Courts of Law.
283 Hawkins, Bloxam, & Tippetts & Son Grover & Coare F. Smith, Stenning, & Hawkins.
Fredk. T. Spiller Raven & Bradley Croft H. & C. Hall
Sturmy, Simpson, & Chilton, Burton, & James Boyd *Currie, Woodgate, & Bousfield
Jas. Taylor & Mason Williams Rupert Rains J. Burton
Chester, Toulmin, & Lee & Pemberton R. Woodward
Keightley, Cuncliffe, & Chester Gabriel & Newington. R. T. Jarvis
Ridsdale & Craddock Amory, Travers, & J. E. Shearman & Bennett & Field *Ranken, Ford, LongSmith
Law, Tindal, & Hussey bourne & Vickerman Hill, Heald, & Reeves Thos. Hardwick Mer- Meredith, Reeve, & Co. Aldridge & Bromley Symes, Teesdale, & riman
Bell, Brodrick, & Bell Chubb, Deane, & Sandilands William Ley William Murray
Chubb Surr & Gribble Church & Langdale N. C. Milne
Cooper & Hodgson Hughes, Kearsey, & Malton & Baynes
*E. S. Bailey
Mourilyan & Rowsell Masterman Robinson & Geare J. Shaw
Humphreys & MarYoung & Vallings Prichard & Collette Edward Bailey
shall Venning, Naylor, & Danl. S. Bockett Warry, Robins, & Langley & Gibbon Robins Dynes & Harvey
Williamson, Hill, & Wordsworth, Great. Cox, Williams, & W.O. & W. Hunt & Williamson head, & Blake James
Watkin & Hooper •Wilde, Rees, Hum- Loveland & Tweed Swift & Wagstaff W. Samler
phry, & Wilde Rooper, Birch, Ingram, Beisly, Read, & Pat. Newbon & Evans Thompson, Debenham, & Whately
Richard Sargent & Brown
Wright & Jeanneret Pocock, Mitchell, & A. F. Chamberlayne Johnston, Farquhar, & Chisholme & Gibson
Reed, Langford, & Leech
Edward Whitaker Jaques, Edwards, Marsden Bischoff, Coxe, & Bom- Plucknett & Adams Jaques, & Layton W. & G. T. Woodoffe pas
Clarke, Gray,& Wood- Wadeson & Malleson George H. Drew Fry & Loxley
Blunt & Shadwell John Dingwall J. E. Fox & Son
Boys & Tweedie Smith & Alliston Colley Smith, Hunter, Winter, Williams, & Harrisons
Chas. Druce & Sons & Gwatkin Co.
Rhodes, Lane, & *Pickering, Smith, & Tatham & Procter *W, H. & C. J. Palmer Rhodes
Woodhouse & Parkin Thos. Loughborough Jenkinson, Sweeting, Maples, Maples, & Blower, Vizard, & ParJones & Blaxland & Jenkinson
Parker, Hayes, Barn- MʻLeod & Stenning Bell, Cowdell, & Boyes Pringle, Shum, Wil- well, & Twisden Vandercom,Cree, Law, Cameron & Booty
son, & Crossman
Wm. M. Kearns Lambert, Whitmore, &
pron, & Dalton
Edw. Leigh Pemberton Hodgson & Burton Hampton
Karslake, Crealock, & Murray & Caltbrop Delmar & Wynne Walker, Grant, & Co. Karslake
Shaen & Grant
*Farrer & Co. Norris & Allen John Murray
W. & S. Cotton Thomas Brooksbank Harrison & Beal Murray, Froom, & Co. Howard & Dollman Baxter, Rose, & Norton Parker, Rooke, & Co. Fladgate, Clarke, & Robt. Beckwith Towse *White & Broughton Edward Willan, for
Finch self and Partner Edward Kemp
* This star denotes a member of the CounCardale, Iliffe, & Rus- Few & Co.
cil of the Law Society, sell
Bolding & Pope *Coverdale, Lee, & Walters & Son
The Council have concurred in the object of Purvis Bennett & Stark
the memorial, and have referred it to a Com. Thos. Wm. Flavell Combe & Wainwright mittee to consider the means of carrying it Abbott, Jenkins, & Wing & Du Cane Abbott
Barker, Bowker, & into effect.
RETURNS RELATING TO COURTS
372 Walter Prideaux
In the year 1851
371 John Francis Taylor & Collisson
451 Keddell & Smith George Loader Holmer & Robinson Dimmock and Burbey
Criminal Informations Tried.
1 Scott, Tahourdin, & Mawe & Son
In the year 1851
Returns relating to Courts of Law. Indictments Tried on Certiorari. In 1851.-Middlesex, Causes entered 264 In the 1851
Middlesex, Causes tried 162 1853
140 H. G. Camebeli, Associate.
Middlesex, Causes withdruwn 73
In 1852.–Middlesex, Causes entered 209 Number of Rules for New Trials argued . 64
241 other Rules argued
128 Cases argued in Special Paper 81
124 Days out of Term the Court
Middlesex, Causes withdrawn 52 sat in Banco
In 1853.—Middlesex, Causes entered 307 Number for New Trials argued
321 other Rules argued
Middlesex, Causes Iried 174 Cases argued in Special Paper 64
168 Days out of Term the Court
Middlesex, Causes withdrawn 106 sat in Banco
John Jervis, L. C.J., C.P. Number of Rules for New Trials argued 64
J. JERVIS, Associate. other Rules argued
88 Cases argued in Special Paper 58 Days out of Term the Court
EXCHEQUER OF PLEAS. sat in Banco
Number of Actions brought in 1851 29,828
1853 33,414 In the year 1851.
Number of Rules for New Trials in 1851 89 1852
1853 67 Number of other Rules argued in 1851 285 65,840 Ditto ditto
1852 226 (Signed) FORTUNATUS DWARRIS.
Number of Cases argued in the Special
69 In the year 1851
Number of Cases argued in the Special
which Cases Argued in Crown Paper.
the Court sat in Banco in 1851 In the year 1851
Number of days out of Term on which
Number of days out of Term on which 1853
the Court sat in Banco in 1853 Crown Ofice,
Chas. F. ROBINSON. 9th June, 1854. WM. SAML. JONES.
W. F. POLLOCK, Two of the Masters of the
In the Years
Actions Entered for Trial.
In London. In Middlesex. 1851., 1852. 1853. In the year 1851
583 1852 323
534 1853 417
662 Actions brought 14,398 17,879) 16,106
Actions Tried. Rules for New Trials argued
In London. In Middlesex. 48 391 Other Rules argued 203 177
year 1851 83
266 Cases argued in the
288 Special Paper 42 30 33
333 Registration Appeals
Revenue Causes Tried. argued
1 Days out of Term on
In the year 1851, 5
| All Revenue Causes are which the Court sat
tried in Middlesex. in Banco.
HENRY POLLOCK, Associate.
REPORT OF THE COUNCIL.
Incorporated Law Society-Annual Report of the Council.
285 INCORPORATED LAW SOCIETY. 3. The Bankruptcy Commissioners, for in
quiring into the Law of Bankruptcy, have long been engaged in examining witnesses on the
proposed further alteration in that branch of
June 27, 1854. the Law, regarding which they have just preSince the last General Meeting of the So- sented an elaborate report, including a stateciety the attention of the Council has been ment of the Council in reply to the questions directed to various proposed legislative altera- of the Commissioners. tions, particularly in the Courts of Common
4. The New Commissioners for considering Law, the Ecclesiastical Court, the Law of Pro- the subject of the “ Registration of Titles with perty, and the principles of Equity in regard to reference to the sale and transfer of Land.” Trustees and Executors. They have also had On this Commission are two solicitors, one of under their consideration the Rules of Taxation them a member of the Council, and the other a in Chancery : the Annual Certificate Duty; the member of the Society. It is not expected Administration of Oaths by London Solicitors; that this inquiry can be concluded during the the Fees of the Courts and Offices ; Profes- present Session, and consequently no alterasional Usages in Conveyancing Matters; the tion in this part of the Law can be made till Education and Examination of Årticled Clerks; the next Session. the proposed New Law Courts; numerous Com
5. The Ecclesiastical Courts inquiry was plaints of Malpractice and Encroachments on united with that of the Court of Chancery; the Profession; and, lastly, the General Affairs and the joint Commissioners, after taking eviof the Society, its Library and Lectures, the dence on the subject, reported in favour of a Increase in the Number of Members, and the Probate Court. This has been followed by a State of its Finances.
Bill materially varying from the recommenda
tions of the Commissioners, and on which 1. LAW BILLS IN PARLIAMENT AND Com- some observations will be presently made. MISSIONS OF INQUIRY,
6. The County Court Commissioners have The Council have devoted much time and been long, and still continue, engaged in attention to the Bills in Parliament for the taking evidence on the inquiry into “the amendment of various parts of the Law and state and practice of the County Courts.” At the Practice of the Courts. They have also the request of the Commissioners, several attended carefully to the proceedings of the se- members of the Society have been examined veral Government Commissions and Parlia. before them, and the Council have transmitted mentary Committees on the state of the Law. a statement and suggestions to the CommisNo less than seven special Commissions are sioners, pointing out some of the means by now, or recently were, in operation; and it which they think these Local Courts might be may be proper, before remarking on the Bills made more useful and satisfactory as Small which have been brought before the Legisla- Debt Courts, and suggesting a concurrent ture, to notice the scope of these Commissions jurisdiction in the Superior Courts for debts of Inquiry. The Council have found it neces. 'not less than 5l. sary, in considering the measures before Par- 7. The Mercantile Law Commission, from liament, to study the various reports of the which the Council have just received an elaboCommissioners and Parliamentary Committees, rate statement of the differences between the with the evidence taken before them relating to Laws of England and Ireland and those of the objects for which they were appointed. The Scotland, accompanied by a series of questions Council have on many occasions been invited for consideration. by the Commissioners to communicate their These Commissions comprehend as well the views and suggestions, and to send members principles of Law as the course of procedure of their body to give evidence before the Com- in all the Superior Courts in which, as the missioners.' They have thus had an opportu- members of this Society are practitioners, the nity of promoting some important improve- Council have felt it to be their duty vigilantly ments in the administration of justice, of in- to watch the alterations proposed, creasing the facilities for transacting profes- The Council now proceed to notice the sional business, and bringing under conside- Bills which have been submitted to the Leration the just claims and interests of the gislature in the present Session. practitioners.
Ist. Common Law Bills.—There are several The Commissions of Inquiry still pending Bills in this department of jurisprudence, the are as follow:
most important of which is the second Common 1. The Chancery Commissioners, now en- Law Procedure Bill. One of the principal gaged in an inquiry into the mode of taking changes proposed is the examination of the evidence, and particularly as to the expense parties before trial. Under the Evidence Act, and delay in examining witnesses viva voce, 14 & 15 Vict. c. 99, the parties are enabled to on which several members of the Council have give evidence at the trial for themselves, or been examined before the Commissioners. may be called by the opposite party, but this
2. The Common Law Commissioners, whose takes place after all the other expenses of preSecond Report has been followed by a Bill for paring for trial have been incurred. It is now carrying their recommendations into effect, the proposed that the plaintiff may, with his declascope of which will be hereafter stated. ration, deliver interrogatories which the de
Incorporated Law Society-Annual Report of the Council. fendant must answer, and the defendant, on English Courts in Ireland and Scotland; and pleading, may deliver interrogatories for the the other to compel the attendance of witnesses examination of the plaintiff. Thus in the froin those parts of the empire, and extend the earliest stage of an action, facts may be as- like powers to the Courts of Scotland over certained, or admissions made, which in nu. England and Ireland, and to the Irish Courts merous instances may put an end to litigation. over England and Scotland. The Council see Another alteration consists in empowering the no objection to these measures. The power Court, or a Judge, to direct an arbitration be- will still be continued of issuing commissions fore trial. At present, when either party re- to examine witnesses, where the evidence can sists a reference, all the expense and delay are be satisfactorily obtained at less expense than incurred in preparing for the trial, and then by enforcing the personal attendance of the the Judge, especially in cases of complicated witness.? accounts, in effect compels a reference. It is Another Bill of some importance is that for also proposed that the parties shall be at liberty assimilating, to a certain extent, the Law of to discredit their own witnesses, and give evi- England to that of Scotland, by dispensing, in dence of contradictory statements made by an the first instance, with actions on Bills of Exadverse witness,--that disputed handwriting change, and substituting a notarial protest, may be proved by comparison with undisputed which is to be registered, and, after a certain documents,—and where instruments are oh- time, operate as a judgment. For this purpose jected to on account of insufficient stamps, the it is proposed that the holder of a dishonoured trial may proceed upon payment into Court of bill or promissory note may register the protest the proper amount of duty and a penalty. The in the Court of Common Pleas, and obtain an rule requiring the attesting witness to a deed order for the payment of the amount against to be called is also to be altered, except in cer- any of the parties to the bill or note. The tain cases, and ample provision is made for the order is to be endorsed with the name and discovery of documents, and for inspection of abode of an attorney, or a memorandum that the property in question by the parties and the order has been served by the plaintiff in their witnesses.
person. Another amendment (applying to the pro- The attorney, on demand, is to declare ceedings in an action, either before or after whether the order has been issued by his autrial) is that of obtaining evidence in support of thority, and to declare the name and abode of a motion or summons. Where persons refuse his client; and if the order be issued without to make affidavits, the Court or "Judge will be the authority of an attorney, the proceedings authorised to compel their attendance to be are to be stayed. The order may be served in orally examined. This power will extend, not any county, and the party served with the only to questions before the Court or a Judge order may apply to the Court to stay execution. at Chambers, but to references to the Master. Where proper grounds are disclosed, the Court
It is further proposed to authorise the Judge may direct an issue in law or in fact to be tried; to adjourn a trial on certain terms and con- but the party seeking to stay execution must ditions. A second speech of counsel at the furnish security for the debt and costs, unless close of the evidence for each of the parties is the Judge shall be satisfied, from the nature of also to be allowed, the right of reply remaining the defence, that such security is unnecessary. as at present. The jury are to be discharged Considering that in undefended actions judgat the expiration of twelve hours, unless they ment may be speedily obtained at a moderate desire further time, but the verdict of eleven expense, the Council do not see any material will be sufficient.
advantage to be gained by this alteration of the Where a rule for a new trial is refused, the law. party may appeal to the Court of Error, and A Bill has also been introduced for amendthe notice of appeal is to be a stay of execution, ing the Law of Arbitration, under which the provided bail be given, and error may be Judges are authorised to compel a reference in brought on a judgment given on a special case. complicated matters. A provision to this effect The Bill also comprises an authority to the being comprised (as already mentioned) in the Superior Courts of Common Law to issue in- Common Law Procedure Bill, it will probably junctions, like Courts of Equity, to restrain the be found more convenient to effect the object repetition or continuance of a wrongful act or in that measure, than by a separate Act. breach of contract.
2nd. The Law of Property and ConveyancIt is also to be provided that a judgment ing:- The proposition of registering all deeds debtor may be examined as to the debts due to and instruments relating to land, which has him, and á Judge may order an attachment on so often been under the consideration of Parsuch debts, and proceedings may be taken to liament, has at length been superseded by a sue the garnishee, or levy the amount due to plan for registering titles in the name of the the judgment debtor.
owner of the legal estate alone, leaving cestui There are two other Bills applicable to the que trusts, or others interested in the property, Common Law: the one to authorise the service to protect themselves by caveat or inhibition, of the Process, and enforce the Judgments of the but without entering deeds of trust or incum
The Bill has since been altered, so that the unanimity of the jury will still be required.
· The Attendance of Witnesses' Bill has re. ceived the Royal Assent.
Selections from Correspondence.-Attorneys to be Admitted.
287 brances on the register. The Real Property Purposes. A Bill has also been introduced Commissioners will of course consider this pro- with regard to the Personal Property of Mar. posed substitute, and weigh well its probable ried Women, which stands on a different foot. effect on our abstruse and complicated system ing to that of Real Estates. It is proposed of Real Property Law. No act of the Legisla. that married women may dispose of reversionture can be expected in the present Session, ary interests in personal estate and realise their nor until the Commissioners have made their rights to a settlement out of such estate in posreport. The long series of projects submitted session. The deeds for this purpose are to be to Parliament, not so much for the purpose of acknowledged in the manner required by the preventing any actual loss arising from the Fines and Recoveries' Act for disposing of inabsence of a registry,-(the instances of the terests in land. fraudulent suppression of deeds being exceed
[To be continued.] ingly rare,)-but in the hope that a general register would ultimately simplify titles, and SELECTIONS FROM CORREdiminish the expense of their investigation, and
SPONDENCE. the transfer of the property. Connected with this object of cheapening the
. REMUNERATION TO SOLICITORS. Conveyance of Real Property, a Bill has been again introduced for amending the Law of Real
As evidence of the very unsatisfactory way Property, by authorising and directing the in which solicitors are remunerated, I may retaxing officer, in taxing any Bill of Costs for mark that I have lately been engaged in prepreparing any deed, will, or other instrument, paring a very special instrument, which occuto consider, not the length, but only the skill pied me three times as much as would have and labour employed, and the responsibility been consumed in preparing a lease or common incurred in the preparation thereof.
conveyance of 30 folios. Let a per-centage Considerable doubts are entertained by the principle be adopted.
R. Council as to the practical operation of this measure, without some general rules for the
COPYHOLDS.-MANOR OP KENNINGTON, guidance of the taxing officer, and they think
THERE are several inaccuracies in my the change, if effected, should be accompanied letter in your Number of 29th July. by some other important alterations, and that
In the paragraph commencing, -"Suppose the proposed amendment should be effected by the copyholder,” &c.,-instead of “confiscageneral orders, to be made from time to time tion of two-thirds,” read “three-fourths;" by the Court of Chancery, and this course they also, in the last line but two, substitute “threehave accordingly suggested to the Lord Chan- fourths” for "two-thirds." cellor.
In the next paragraph for “extracted twoIt is well known that many frauds are com
thirds," read " three-fourths ;” and for "only mitted against creditors by the secret execution one-third left," read “only one-fourth” left. of Bills of Sale of personal property, and to After " that is to say,” substitute “801.
" for remedy the evil a Bill has been brought in, to
“1001."; and three lines lower down, instead render such transactions void, unless the instru- of“ nearly,” add “ more than ” half his mort. ment be registered in the same manner as gage-money. warrants of attorney, within a limited time.”
The alterations arose from my formerly esti. Some other Bills relating to the Law of Pro- mating the copyhold at 26 years' purchase on perty, have also been under consideration, the original rental, which, on consideration, I namely, the Laws of Mortmain, and the dis- do not think worth more than 24 years, if so posal of Property for Charitable or Religious much. I readily concede the full benefit of the
thorough confiscation to our excellent friend
“ Fair Play • This Bill has received the Royal Assent. 8th August, 1854.
ATTORNEYS TO BE ADMITTED.
Michaelmas Term, 1854.
[Concluded from page 269.] Clerks' Names and Residences,
To whom Articled, Assigned, fc. Mossop, Charles, 8, Wilmington-square
C. Hanslip, Hatton-garden ; J. Stuart, Gray's-inn ;
R. Mossop, Long Sutton Mounsey, Jobo Giles, Carlisle
G. G. Mounsey, Carlisle Newman, William, 16, Cecil-street, Strand; New E. Newman, Yeovil; W. E. Oliver, New Bridge Bridge-street; and Yeovil
street Newsham, Henry, jun., Manchester
T. P. Cunliffe, Manchester Osborne, Alfred," '4, Manchester-ter., Liverpool.". J. Brittlebank, Ashborne ; G. G. Brittlebank, Ash. road; Goswell-road; and Ashborne
borne Parker, Thomas, 37, Baker-street, Portman-sq.; T. Burgoyne, Oxford-street; T. Parker, Lincoln's. apd Abbey-road