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Superior Courts: Queen's Bench.-Common Pleas.-Exchequer.
plication had been made to Erle, J., at Chambers, who referred the parties to the Court, on the ground of want of jurisdiction, under the 44 Geo. 3, c. 102.
A rule was refused to set aside a warrant of attorney on the ground that the date had been filled in, both in the warrant and in the defeazance, after execution. THIS was a motion for a rule nisi to set aside a warrant of attorney, in which it appeared that a blank had been left for the date, which was filled in after execution. A blank was also left in the defeazance, which had been similarly supplied.
Hawkins in support.
The Court refused the motion.
CUSTOMS' CONSOLIDATION ACT, 1853.-APPORTIONING COSTS ON JOINT AND SE
On a joint and several information under the 16 & 17 Vict. c. 107, s. 267, against two parties, judgment was taken by consent for the Crown for 1,000l. against one, and 2001. against the other, but in the postea it was entered for 1,2001. against one: Held, on the taxation of the costs of the Crown under s. 263, that on the postea the costs had been properly taxed generally without regard to the proportions of the penalty. If the postea be wrong, application should be made to the presiding Judge to amend.
Judge shall think reasonable; and the decision or order of such Court or Judge, or the award or certificate of such referee, shall be enforceable by the same process as the finding of a jury upon the matter referred."
2 Which provides, that "when any reference shall have been made by any such rule or order as aforesaid, or by any submission containing such agreement as aforesaid, it shall be lawful for the Court by which such rule or order shall be made, or which shall be mentioned in such agreement, or for any Judge, by rule or order be made for that purpose, to command the 'endance and examination of any person to ed, or the production of any documents to ntioned in such rule or order."
THIS was a motion for a rule nisi to review the taxation of the costs in this information under the 16 & 17 Vict. c. 107. It appeared that the defendants were charged jointly and severally, and that the verdict had been taken for the Crown by consent against one defendant for 1,000l., and against the other for 2007., but in the postea the verdict was entered for the whole against one. The costs had therefore been taxed generally as against both defendants, without regard to the proportions of penalty.
By s. 263, it is enacted, that "in all suits or proceedings at the suit of the Crown for the recovery of any duty or penalty, or the enforcement of any forfeiture under this or any Act relating to the Customs, the parties thereto shall be entitled to recover costs against each other in the same manner as if such suits or
proceedings were conducted and had between subject and subject, and the like amendments may be made in all such proceedings by the Judge or Court as may now be made in civil actions;" and s. 267, that "when by any Act relating to the Customs a penalty jointly and severally incurred by any number of persons, such persons may be proceeded against jointly by one information, or severally by separate informations, as her Majesty's Attorney-General for England and Ireland, and as the Lord Advocate for Scotland, or the Commissioners of Customs, may deem expedient; and in case of a proceeding against such several persons by joint information for recovery of the penalty or penalties so severally incurred by each, the penalty or penalties shall be recoverable against each, notwithstanding that any one or other of such persons so jointly proceeded against may have allowed judgment to go by confession or default, or that the penalty adjudged to be paid by any one or other of the defendants so jointly sued may be for a different amount from that of the penalty, in which any one or other of such several persons may be convicted, or that any one or other of such several persons so jointly prosecuted may be acquitted, and no judgment on any such information shall be reversed or avoided, or error in law alleged therein, on the ground of any such judgment being obtained by confession, or default of any of the persons, nor on account of any difference in the amount of the penalty or penalties in which any one or more of such persons may be convicted, or the acquittal of any such persons; but every such judgment shall be valid and effectual against any or all of the said several persons so jointly proceeded against, and for the full amount of the penalty or penalties in which such person or persons shall have been severally or respectively convicted."
Wordsworth in support.
The Court said, that the taxation was right on the postea, and that if judgment was wrongfully entered, application must be made to the Judge who presided at the trial.-The rule would therefore be refused..
The Legal Observer,
"Still attorneyed at your service."-Shakespeare
SATURDAY, DECEMBER 15, 1855.
REVENUES OF THE INNS OF
How much more these receipts might or ought to be, remains for investigation. The outgoings are as follow:
15,945 0 10
13,345 8 2
8,717 9 3
£49,199 12 0
FROM THE COMMISSIONERS' REPORT. Ir must be admitted that the Treasurers and Benchers of the four great Inns of Court have displayed a very satisfactory extent of candour, in disclosing before the Commissioners the state of their income and expenditure, and exposing some details which, but for a laudable sense of duty, How much less these payments should one may conjecture they would rather have have been, remains to be seen. kept out of public view. The present The Balances remaining in the hands of Benchers, however, cannot be accused of the several Treasurers consequently amount originating some of the extraordinary items in the whole to of disbursement which appear in their accounts, and the continuance of which they have sanctioned as the remnants of the olden time.
Revenue of the Inns of Court-From the Commissioners' Report.
"We may observe that the Chambers in some instances are held by private individuals for life, with a power of assigning them to other parties on payment of a small fine to the Inn. The aggregate value of the respective interests of the lessor and lessee, in such cases, is always less than the value of the property when vested wholly in the one or the other.
mation of an exaggerated estimate of the re-
"In like manner, in the case of the Middle Temple, although the rents and dividends, &c., amounted to 10,1927. 10s. 74d., yet the outgoings for repairs, insurance, rates, taxes, &c., and establishment, came to 8,9321. 6s., leaving a remainder of 1,2594. 2s. 9d.; which is expended on the Chapel and Library. Moreover, a very heavy demand will shortly arise, in consequence of the great age and consequent dilapidation of many portions of their buildings.
"The Inner Temple is less unfavourably circumstanced. The large rental of 15,2271.0s. 3d., with the payments from members amounting to 5,941. 15s. 9d., after deducting for repairs, and for rates, taxes, watching, lighting, establishment, and for annuites chargeable on the property, leaves still a surplus of 6,9341. 3s. 5d., and the Chapel and Library expenses do not amount to 1,800l.; nevertheless the repairs are annually very heavy, the Society has only recently paid off a large building debt, and ere long a considerable outlay will be again required for rebuilding part of the property.
The property of Gray's Inn is far less than that of the other Inns of Court; and it it is not probable that any considerable amount of surplus income can be derived from that source beyond their present contribution to the funds provided for the Readers as after mentioned in our Report.
"It is impossible not to feel some disappointment that such a large amount of gross revenue as arises from the other three Inns of Court should leave so small an available nett revenue; and, having regard to the great value of the site of these institutions, a doubt arises whether some mode might not be devised of rendering their property more productive without departing from the purposes for which these Societies were formed.
Revenue of the Inns of Court.-Summary Procedure on Bills of Exchange.
For Annual payment by Barristers :
These numbers show a remarkable disparity, particularly in the Middle Temple. The Commissioners, in this part of their Report observe:
ductions in this branch of their expenditure seems to have been resolved upon already.
The actual surplus of Income and Expenditure of Lincoln's Inn and the Temples for the year 1854, is as follows:
"With respect to Lincoln's Inn, that surplus is applied in the first instance to payment of annual instalments of 1,500l. of their debt, and will continually increase until that debt is paid Stone Buildings, which will eventually take off. Moreover, the falling-in of the Leases of place, will be an important addition to the revenues of that Society. On the other hand, the conditions of the old buildings indicates the probability and necessity of a considerable outlay becoming necessary for repairs from time to time, which may occasionally exceed the amount above stated for last year.
"Upon the whole, we are under no apprehension as to any serious falling-off in the surplus Income of Lincoln's Inn and the Inner Temple.
"With respect to the Middle Temple, we have already adverted to the possibility of large outgoings being necessary for repairing the older buildings of that Inn; and there is, therefore, little probability of a surplus arising in respect of the annual resources of that Society.
"As regards Gray's Inn, we do not think it probable that any considerable surplus Income can be anticipated.
'We deem it unnecessary to pursue this subject further, for if in consequence of any falling-off in the Income to the Inns of Court they should find themselves unable to contribute to Legal Education more than their pre"We think it right to draw attention to the sent limited contributions, the requisite retotal number of Students dining in the several sources for carrying into effect the plan of EduHalls-under the present system-and to the cation suggested in the subsequent part of our expenditure above stated on the Halls, Report, might be obtained by a moderate adKitchens, said Parliament Chambers, and like-ditional fee on the Students, which, as directly wise to the great difference which exists be- applicable to the promotion of their education, tween the number who dine at the several Inns could not be objected to." as compared with the expenditure on these objects; but we feel assured that when these
statements come under the consideration of the SUMMARY PROCEDURE ON BILLS governing bodies of the Inns they will make any modifications of the existing arrangements which may be calculated to render them more efficient towards the end in view, that is to say, MR. MALCOLM KERR, in his Lectures at promoting the association of the Students; and the Incorporated Law Society, has treated that, subject to this, any savings will be ap- largely of the Law of Bills of Exchange, plied towards the purposes of Education. The and particularly the recent Act, 18 & 19 Benchers of Lincoln's Inn some years ago re- Vict. c. 67. We deem one of the points vised and considerably reduced this head of to which the lecturer referred, of sufficient expenditure. Indeed this subject appears to have engaged the attention of the Benchers of importance to be specially noticed here, as the Inner Temple before the appointment of it is not impossible that the Bills of Exthe present Commission, and considerable re- change Act may be reconsidered, and per
Bills of Exchange Act.-Review: Jones's History of the French Bar.
haps repealed. In such an event, the learned Lecturer's suggestions been made suggestions made by Mr. Kerr in his Lecture last Monday evening, seem to us well worthy of consideration, and perhaps of adoption.
sooner, and acted upon by the Legislature, or were the new Act repealed, and these suggestions now adopted, no new process or new principle need be introduced. Without making any alteration whatever either The principle of the Act was first noticed, in the process or the practice, the plaintiff -namely, to prevent frivolous and vexatious might be permitted to serve a declaration defences, and the question is, whether the along with the writ of summons, and the object might not have been effected in a defendant might be required to plead when simpler manner, in accordance with the ex- he appeared, and to verify his pleas by isting practice, by requiring the plea in an affidavit, precisely as pleas in abatement action on a bill of exchange or promissory are now verified..
note to be verified by affidavit?
It would seem that the section enabling
It will be recollected that all the old the Court or a Judge to let in a defendant forms of commencing actions have been to defend only, under special circumabolished, and one uniform process by writ stances, will be considered to compel the of summons substituted. Under the pre-defendant not only to account for his nonsent Act there is now a new form of writ or appearance, but to make out such a case as warning, with a new exigency, for 12 days would have been required by a Judge to be are allowed instead of 8, to appear and plead. This seems objectionable in principle, and no good reason has ever been given for it.
made out, before he made an order giving the defendant leave to appear under the second section. It would be utterly preposterous to compel a defendant to satisfy For six centuries the Courts insisted on a Judge that he had good grounds for appersonal service on the defendant, or proof plying for leave to appear, if after failing to of his knowledge of the writ, in order that obtain such leave, and thereby enabling the he might appear;-always admitting him plaintiff to sign judgment, the judgment to appear on an affidavit of merits; and could be set aside on the simple and ordiquashing the proceedings where the defend-nary affidavit of merits. The practice in ant had not had an opportunity of appear- setting aside a judgment by default, under ing or being heard. This great principle of the new Statute, will therefore be very dif the Law of England has now for the first ferent from that under the Procedure Act. time been violated, and the defendant is not allowed to appear without special leave.
It may be asked, what benefit does the Act practically effect, by these exceptions to the general rule?
The new writ, by giving a copy of the bill, is in effect also a declaration, and supplies the same information as a declaration. Therefore, the same purpose would have been accomplished if the defendant had been served with the ordinary writ of summons, with a declaration annexed.
Consider, next, the effect of an affidavit for leave to appear. In this affidavit, the defendant discloses his defence, and in fact practically pleads and verifies his pleas. Therefore, if the defendant had been required to plead to the declaration which, in the case supposed, was served with the writ, on entering an appearance thereto, and verifying the pleas by affidavit, the same purpose would have been effected. The process by writ of summons is simple and has become well understood. Had the
The section also enables the Court or a Judge to set aside an execution and impose terms, a jurisdiction they have always possessed and exercised in similar cases, indeed in all cases in which they were called upon to control or set aside the ordinary process of the Court.
NOTICES OF NEW BOOKS.
History of the French Bar, Ancient and Modern; comprising a Notice of the French Courts, their Officers, Practitioners, &c., and of the System of Legal Education in France. By ROBERT JONES, of Lincoln's Inn, Esq., Barrister-at-Law. London: Benning & Co. 1855. Pp. 251.
MR. JONES has selected a very appropriate season for bringing before the Legal Profession in this country the History of the French Bar, the state of the French Courts of Justice, the duties and qualifications of their Legal Practitioners, and the system of Legal Education in France. The