« EelmineJätka »
Review : Sheil's Sketches.-Salaries of the County Court Judges name of Devereux, afforded an illustration of tion of any love of this kind of excitation which the moral condition of the peasantry, and one I may happen to possess, and turning from of the instances in which murder is at last the frightful spectacle, I desired the driver, overtaken by a slow but certain retribution. who obeyed the order with some reluctance, to Devereux took a few acres of land from which push on. the prisoners at the Bar had been ejected. It “ We were soon out of sight of this painful was resolved that he should die ; sentence hav. scene. I fell into conversation with the posing been pronounceủ upon him by the secret tillion, who was continually turning back to tribunal, which Captain Rock has established catch a parting view of the catastrophe; and for the redress of wrongs, which are not only from him I learned, what I afterwards innot cognizable, but are produced in the imagi- quired about and found his statement connation of the lower orders by the law. Deve-firmed, that Devereux, upwards of twenty-five reux was aware that his head had been devoted. years before, had imbrued his hands in blood. He never slept out of the town of Callan, which He had joined in the conspiracy of the unfor. was at three miles distance from the farm, and tunate Robert Emmet. The insurgents rushed always walked with arms about him.
into Thomas Street, and advanced towards the " However, the ministers of agrarian ven- Castle, scattering dismay before them. They geance were not to be frustrated. A day was met a carriage, which they stopped. Some of fixed for his immolation. The whole country the crowd exclaimed, 'It is Lord Norbury!' was apprised of it. As he was walking in the That instant the door of the carriage was burst broad light in his fields, one of his labourers open, and, while the unhappy gentleman inengaged him in conversation, and at the corner side it exclaimed, “No, I am your friend, of a hedge three men rushed on him, when Lord Kilwarden,' the hand of Devereux drove his companion pinioned his elbows behind his a pike through his heart." back, in order to prevent him from drawing the pistol which he endeavoured to grasp, and, beating his forehead in, left him dead upon
SALARIES OF THE COUNTY COURT the ground. The whole scene was observed
JUDGES. by a woman, who was aware that the murder was to be perpetrated, and went out for the We propose now to complete our extracts purpose of seeing the spectacle. She was in- from the correspondence which has taken duced, by the reward offered by Government, place with the Home Secretary and the to give information, on which the executioners Lords of the Treasury, regarding the Saof Devereux were hanged. Devereux was him- laries of the County Court Judges
. Mr. self a bad and bloody man, and at the trial it Serjeant Jones thus proceeds to address was stated by one of the witnesses for the pro- Lord Palmerston, and to complain of the secution that he had, many years before, committed a murder. The question was not pur- delay which has interposed a fresh proof that sued, and whom he had inurdered I did not at the services of the Judges, which have met the moment learn.
with the approval of the public and public "Upon the day appointed for the punish- men of all parties, and which have tended ment of the men who had taken his own life to insure the success of the greatest of all away, I left Kilkenny for Clonmel. It was a modern legal reforms, under circumstances bright and cheerful day. The very breathing of the air under a cloudless sky, and in a de most adverse to success, continue to be unlightful temperature, seemed to intimate the dervalued by the Government alone. value of existence, and gave to the conscious- “I do feel (says the learned Judge) that perness of a light and unburthened vitality a fect reliance in your lordship to confide impligreat charm. It was a day which should scarce citly in your recent declarations, that it is only have been selected for the ministry of death. necessary to bring under your lordship's notice As I advanced, I observed crowds of people that which requires redress in order to terminate assembling in various directions, and elimbing a state of things which it seems incredible should upon hedges, where women and girls as well have been permitted so long to endure; the reas men, were seen straining upon tiptoe, in medy rests with your lordship: the Treasury are order to catch a glimpse of some ohject by invested with no control over the subject which which they seemed to be singularly attracted. is not equally shared with your lordship. Your On looking towards the gaol, I perceived in lordship may rest assured that these tribunals the rope which was depending from the pulley characterised by Lord Denman as the Courts to wbich it was attached, and in the rest of the of general resort, in whose favour the voice of apparatus of justice, the motives of this intense the nation has unequivocally proclaimed a precuriosity. The murderers of Devereux were ference by the transfer to them of the greater about to die. I saw the door of the prison portion of the business of the Superior Courts leading to the stage on which they were to of Westminster Hall, have taken too deep a perform a part that appeared to be likely to root and
have become too intimately interengage the sympathies of the spectators, open, woven with the best interests of the country, and presently the iron balcony was occupied not only in having realised the long sought-for by the figures of the doomed and of the exe- desideratum of bringing cheap and speedy cutioner. This was sufficient for the gratifica- justice to every man's door, but in the more
Sauries o ince vounty wuuy. important respect of promoting principles of by law with a considerable surplus in favour honesty, frugality, and self-reliance among the of her Majesty's Treasury, justice and sound great body of the people, to be any longer ex- policy alike require that the sum paid to him posed with impunity to the invidious treatment should be less disproportionate as when to they have experienced. In the year 1851 there his labours as to the amount of fees exacted were no less than 441,584 plaints entered for from the suitors for that purpose,ard more comsums amounting to 1,624,9161., of which mensurate with the remuneration given to other 618,468l. were received during the same year legal functionaries out of the public purse, to the credit of the suitors, and 615,181l. were “ Reduced by income-tax and other exactually paid over to them, a great proportion penses, my salary does not net 1,1001. Unlike of which would never have been recovered and all other Courts we have no vacation, but are realised but for the institution of these tri- compelled to sit every month, to secure therebunals. During the same year 272,5001. were fore that exemption from toil required occareceived in fees alone, 83,9701. of which were sionally by every one, and whenever prevented levied from the suitors in the Judges' names, from sitting by illness or other unavoidable though 60,000l. only were paid to the 60 Judges cause, we are compelled to provide a deputy, for salaries, while the salaries paid out of the and in the Metropolitan Courts, that deputy public treasury to the 15 Judges of the three must be able and experienced ; thus a heavy Common Law Courts at Westminster amount burden is imposed on the Judges of these to 82,0001. annually. Bearing in mind that Courts wholly incompatible with the ininimum the former are for the most part resorted to by rate of salary. suitors froin the middle and lower rank of so- “As candour in stating a grievance is as ciety, it becomes a question of great import- essential to the complainant as it is due to the ance how far it is desirable or expedient, or party from whom redress is sought, I think it even right, that so vast and disproportioned a right to state that a strong feeling prerails that difference should exist between the compensa- in estimating claims preferred by the different tion of their Judges, and that freely given to branches of the Profession, those advanced by those who preside over the Courts of the the subordinate class are uniformly met by the higher and wealthier suitors--a difference not Government in a more liberal spirit than calculated to raise the former in public estima- evinced to the higher grade, and in illustration tion, or to render the appointments objects of of this I would point to the very different scale ambition to men of that high character and lately adopted in assessing the salaries given professional eininençe by whom alone the ex. to the several clerks of the peace in substitutended and altered nature of the jurisdiction tion for the fees formerly received by them. and the importance of the tribunals require
“ One other illustration of the treatment we that the offices shall be filled.
have experienced, and I have done. Some “ The degree in which the Judges of the months ago the Judges received a circular County Courts may have been instrumental in from the Audit Office, requesting them to forconducing to this wonderful result may be in ward the instruments by which they had been some measure collected from the following appointed, in order that they might be regisfacts :- 1st. In 1851, out of 233,646 causes tered, with an assurance that they should be tried, 879 only were tried before juries. 2nd. immediately returned. Your lordship will be That although in the same year there were surprised to hear not only that no such regis8,236 causes tried above 201. and not exceed-tration is necessary, but further, that instead ing 501., there were only 38 appeals, of which of so returning them, the Treasury have made number eight only of the County Court Judges' that proceeding the basis of a demand that the decisions were reversed, 11 were confirmed, 13 Judges shall have a 751, stamp affixed to such were dropped, at the date of the return six had instruments, as they severally received most of not been decided; a result which those who them more than six years ago, and pay a peundervalue those tribunals will do well to com- nalty of 10l. for the delay, no written appointpare with the number of motions made an- ment being required by law, and no stamp renually in the Courts of Westminster for new quisite even where the appointments had been trials, &e., on the grounds of misdirection or originally in writing, the improper admission or rejection of evidence
* In conclusion, I beg to offer every apology in the comparatively insignificant number of for the unavoidable length of this letter. I causes tried before the Judges of the Queen's sincerely hope, if I may be permitted to adopt Bench, Common Pleas, and Exchequer.
the forcible and expressive language employed “ Without entering upon the question whe- by your lordship, that in the bushel of chaff ther the system of supporting these institutions thus tendered for winnowing, your lordship out of funds levied from the suitors themselves, may find a pint of good corn, which may prowhile all other Judges and legal functionaries duce to myself the salary to which I respecte are supported by the State, can be justified on fully contend I have been entitler since the sound principles, I must ever maintain that so passing of the last Act, and yield to your lordlong as this distinction prevails, and the ship fruit a hundred fold in the satisfaction of Judge's fees levied annually from the suitor's having set that which was wrong, right.'' of my district are abundantly sufficient to admit of the Government awarding to the Judge
After several letters between the Secretary out of his own earnings the full salary allowed to the Treasury, the Secretary to the C ty
Salaries of the County Court Judges. Court Commissioners, and the Lord Chancel. No. Circuit. lor's Secretary, from February to October, 27 24, Herefordshire, Monmouthshire, and 1854, the following Treasury Minute was
Radnorshire (13 Courts in).
28 4, Lancaster, and s other Courts. issued, dated 6th October :
29 5, Lancashire (6 Courts in). My Lords resume the consideration of the 30 23, Worcester, and 11 other Courts. claims of the different circuits of County Courts 31. 38, Hertford, Edmonton, and 10 other to the maximum salary authorised by the pro
Courts. visions of the Act 15 & 16 Vict. c. 54.
10, Bury, Haslingden, Rochdale, Old“ It appears to their lordships, that in what
ham, and Saddleworth. ever light the duties of County Court Judges 33 54, Cheltenham, and 11 other Courts. may be looked at, it is obvious that the 34 26, Staffordshire (10 Courts in). amount of labour and responsibility is very 35 49, West Kent (9 Courts in). different in the different circuits. The diffi- 36 20, Leicester, and 9 other Courts. culty in determining which of the circuits were 37 22, Warwick, and 11 do. entitled to the maximum salary has been in 38 3, Carlisle, and 12
do. arriving at an entirely satisfactory mode of dis- 39 52, Bath and 11
do. criminating between the importance of the 40 37, Oxford and 12
do. different circuits; but my lords, after mature 41 34, Peterborough, and 11 do. deliberation, have come to the conclusion that 42 57, Taunton, and 12
do. the labour and responsibility attached to each 43 58, Exeter, and 8
do. circuit should be measured by the amount and 44 35, Cambridge, and 11 do. importance of the judicial work performed. 45 18, Northampton, and 5
do. “The statement annexed to this minute 46 46, Wandsworth, and 9
do. shows the plaints entered, the causes tried, 47 17, Lincoln, and 10
do. the Judges' fees, and the amount sued for, in 48 27, Shrewsbury, and 10 do each circuit for the years 1852 and 1853, and 49 15, York, and 11
do. the average for such years, and these elements 50 32, Norwich, and 8
do. of the business done in the Courts having 51
33, Bury St. Edmunds, and 11 do. been aggregated in each circuit, as the best 52 36, Northampton, and 6
do. test which my lords can adopt, the different 53 -50, Canterbury, and 12 do. circuits stand in relation to each other in the 54 39, Chelmsford, and 11
do. following order with reference to the aggregate 55 60, Redruth, and 8
do. amount of such elements in each, viz. :
56 56, Salisbury, and 11
do. No. Circuit.
59, East Stonehouse, and 8
do. 1 8, Manchester.
58 29, Denbigh, and 11
do. 2 45, Westminster.
59 28, Bangor, and 11 3 6, Liverpool.
31, Carmarthen, and 11
do. 4 44, Brompton, Marylebone, and Brentford.
My lords are of opinion that the first 15 41, Shoreditch and Bow.
circuits in this list should have attached to 6 48, Greenwich, Woolwich, and Lam- amount authorised by the Act.
them salaries of 1,5001. a year, the maximum beth. 7 13, Sheffield an 5 other Courts.
“My lords observe, as a satisfactory coin
cidence somewhat confirmatory of the test 8 14, Leeds, Wakefield, Dewsbury, and adopted being
a fair one, that it appears that Pontefract 9 7, Cheshire and Lancashire.
in every one of the 15 circuits to be given the maximum salary, the average Judges
' fees of 10 25, Dudley, Walsall, Oldbury, and the last two years have exceeded 1,5001., while
Wolverhampton. 11 47, Southwark.
in no instance in any other of the circuits have 12 43, Bloomsbury.
they reached that sum. At the same time my
lords do not wish it to be understood that they 13 42, Clerkenwell. 14 12, Halifax.
would have regarded these facts as satisfactory 15 40, Whitechapel.
by themselves. 16 30, Brecknockshire and Glamorgan- to his letter of the 17th of October, 1853
; “ Write to the Hon. H. Fitzroy, in answer shire. 17 21, Birmingham, Atherstone, and Tam- transmitting to him, for the information of
Viscount Palmerston, a copy of this minute, 18 9, Cheshire and Derbyshire (parts of). favour this Board with his opinion thereon
and request that he will move his lordship to 19 51, Brighton, and 11 other Courts. 20 2, Durham, and 9 other Courts.
and if it is favourable to express his consent 21 19, Derby, and 8 other Courts.
thereto, as required by the 7th section of 13 & 22
14 Vict. c. 61." 52, Southampton, and 10 other Courts. 23 1, Newcastle, and 11 other Courts. Next came the following letter from the 24 55, Bristol, Thornbury, and Sodbury. Home Office to Mr. Wilson, the Secretary of 25 16, Hull, and 10 other Courts. 26 — 11, Bradford, Keighley, Otley Settle, the Treasury, dated October 11, 1954:and Skipton.
“I have laid before Viscount Palmerston
Salaries of the County Court Judges.
403 your letter of the 5th instant, transmitting with indeed it should not be extended to all these reference to the application made by Mr. Ser- Judges. jeant Jones, Judge of the Clerkenwell County
(Signed) “Henry Fitzroy." Court, circuit 42, for the maximum salary of 1,5001., allowed by the Act, a copy of a minute From Mr. Wilson's letter from the Treasury, of the Treasury Board upon the claims of the of 17th October, to the Home Office, we exJudges of the different circuits to the maximum salaries. And I am to acquaint you, for the
tract the following :information of the Lords Commissioners of her
‘My lords had given the most careful conMajesty's Treasury, that Lord Palmerston has sideration to the extent of the travelling and no doubt the arrangement stated in the four the number of days of sitting of each Judge, columns of the paper inclosed in your letter, and had statements carefully prepared to show form, as far as they go, elements by which to all those points. But after the most mature estimate the relative labour of the several cir- consideration, it appeared to my lords that the cuits to which those tables apply; but it is to importance of particular Courts should be conbe observed that, if the object is to class the sidered mainly, if not exclusively, in relation circuits according to the labour imposed upon to the extent and the character of the judicial each Judge, and the time employed by him in duties attached to them as the best indications the performance of his duties, there is another of the legal and mental qualifications required element to be taken into account, which is not for them, and not by the physical labour beyond included in those tables, and that is the dis- the performance of judical duties attending tances to be traversed by each Judge in the them, which cannot in any case he considered course of the year, in the performance of his extreme. There are many of the most importduties, and the bodily fatigue attendant upon ant Courts, such as Liverpool, Manchester, his journies; and his lordship apprehends and those of the metropolis, where business of that, if a comparative table were made out in the highest class is transacted, and to which regard to that matter, it would be found that no travelling is attached; while in the thinly some of the circuits which stand the worst by populated rural districts, where there is most the average of the four elements, would stand travelling, the business is of a much more inamong the highest by the average of the fifth significant class, as is shown by the average element. It must also be borne in mind, that amount for which plaints are entered, and recent Acts of Parliament have thrown upon where the judicial business is of an aggregate the County Court Judges various duties which extent extremely small when compared with are not measured by the averages of the four some of the others to which their lordships elements of the Treasury tables, but which have alluded; and my lords are clearly of ought also to be taken into account in esti- opinion, therefore, that there are ample grounds mating the aggregate duties and labours of for making a distinction in the emoluments of those Judges. In fact, the tendency of recent some of the highest Courts. legislation has been to make progressively, “My lords entirely concur with Lord Palmore and more use of those Courts, and the merston in the view expressed by his lordship current of public habit seems to have produced as to the qualifications and social position a steady increase in the business of those which it is desirable Judges of County Courts County Courts, as is shown by the tables of should possess, but they are not able to discover the number of plaints preferred and of causes any grounds for believing that the proposed tried in 1852 and 1853.
salaries will not be found sufficient to command “But there is, in regard to those matters, a a suitable body of Judges, as may be seen further consideration, which does not turn from the character and standing of those who upon the fluctuations of business in those freely accept the appointment when vacancies circuits, and that is the qualification requisite occur. for filling those offices. No man ought to be My lords, therefore, see no reason, at premade a Judge of a County Court who does not sent for enlarging the number of Courts to possess a considerable amount of general in- which the maximum salary should apply. formation and of legal knowledge, and who This addition will be a large charge upon the does not belong to a sufficiently respectable County Court Fund, and such an increase as class of society; and persons so educated, would take place if the whole were raised to so qualified, and so placed in point of social the maximum, would be such as the fund position, must maintain certain appearances could not bear, while such a course would which cannot be sustained without a certain again establish an uniformity in the emoludegree of expense ; and the general interests ments of the most important, and the least imof society require that men charged with the portant of the different circuits, which would administration of justice shonld be able to not be just to the former. maintain a due respectability of outward condition.
On the 25th October, Lord Palmerston sig. "Taking all these things into consideration, nified his approval of the salaries of the fifteen Lord Palmerston is much inclined to think that the rule proposed by the Treasury is far Judges of the circuit first named in their too narrow, and that the maximum salary minute of the 6th instant being increased to ought to be much more extensively granted, if the maximum of 1,5001. a year.
Salaries of County Court Judges.-Parliumentary Proceedings.-Notes of Week. A Treasury Minute was also issued, dated other special circumstances, have been made 30ih January, 1855, to the following effect :- on account of increasing business. My lords “My Jords have under their consideration which cannot in future be lost sight of, bat
are prepared to admit that this is an element various memorials from County Court Judges that any increase of the kind which applies to who were not included in the list of those to only one, or even two years, would not be sufwhom the maximum salary of 1,500l. a year ficient to justify a change; and that, before was given, under a minute of the 27th October an increase of the salary of any Judge should last; and also a memorial signed by a large take place on this ground, it shoald appear number of those Judges in a body. “Upon the general statements contained in it has extended over an average of at least the
that the requisite increase of business to justify these memorials, my lords would observe that the memorialists appear to proceed upon a mis- preceding three years." apprehension of the grounds on which their
PROCEEDINGS IN PARLIAMENT lordships had come to their former decision; por is there anything in those general state
RELATING TO TUE LAW. ments which my lords can regard as a sufficient reason to disturb the arrangements then
Ronal Assoni.- March 16, 1855. made.
Common Law Procedure (relavd). “My lords have, however, carefully considered the memorials from individual Judges,
Duude of Lords. and also the circumstances which any one Dispatch of Chancery Business. - Lord Judge may have stated as being specially ap- Chancellor. In Committee, March 22. plicable to bis case.
Ecclesiastical Courts Jurisdiction for Defa“In the case of Mr. Trafford, the Judge of mation.-In Committee, March 27. the Birmingham Court, it appears that, since Speedy Trial of Offenders--Lord Brougham. the time to which the calculations applied upon In Committee. which the decision of my lords was taken, the Mayor's Court at Birmingham, and another
House of Canmons. rural Court within the Circuit, have been aho- Executor and Trustee Society. In Comlished, which has led to such an increase of mittee. business as, in the views of my lords, entitle Public Prosecutors and District Agents. him to the maximum salary.
Mr. J. G. Phillimore. For and reading, March “My lords have especially examined into 28. the several claims which have been made in Episcopal and Capitular Estates. In Comrelation to insolvency prison business. With mittee, May 23. the exception of three Judges, it appears that To Amend the Law of Partnership-Mr. the largest number of these insolvency cases Cardwell. which any Judge disposed of in 1854, was 41. Bills of Exchange and Promissory NotesThe exceptions referred to are :
Mr. Keating. For 2nd reading, March 28. “Mr. Addison, who disposed of 714 cases. Bills of Exchange Registration. For 2nd
“Mr. Serjeant Dowling, who disposed of reading, March 28. 294 cases.
Nuisances' Removal. In Select Committee. “Mr. Dinsdale, who disposed of 123 cases. Passengers hy Sea Regulation-Mr. Peel.
Referring to ihese facts and to the amount In Committee, March 23. of other business performed by Mr. Addison Metropolitan Local Management Sir B. and Mr. Serjeani Dowling, my Lords are of Hall. Por 2nd reading, April 16. opinion that they also are entitled to the max- Public Healch - Sir B. Hall. la Select imum salary of 1,5001.
Committee. Referring to the amount of insolvency Education. Sir J. Paking ton. For 2nd prison business done by Mr. Dinsdale, which reading, March 12. is three times more than that done in any other Personal Estates Distributio.).—Mr. Locke circuit, except the iwo just named, and refer- King. March 20. ring also to the position in which he stands in Criminal Justice. For 2nd reading, relation to his other business, my lords are of Friendly Societies. In Committee, March opinion that he is entitled to an intermediate 27. salary of 1,3501.
Court of Chancery, Ireland (fire Bills)"My lords also refer to the case of Mr. Mr. Whiteside. For 2nd reading, March 28. Furner of the Brighton Circuit, to whom, for Intestacy (Scotland).-Mr. Doplop. For the public convenience, a new Court out of 2nd reading, April 18. his original district, and distant 60 miles from the cenire of his district, has been established, NOTES OF THE WEEK. and referring also to the position which he otherwise holds in relation to other circuits,
RESULT OF HILARY TERM EXAMINATION. my Lords are of opinion that he is entitled to the same intermediate salary of 1,3501.
We omitted last Term to state the result "My lords have given very careful conside- of the Examination of Articled Clerks at the ration to the claims which, apart from any Incorporated Law Society. Several who gave