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Exclusion of Attorneys as Justices of the Peace.—Jurisdiction of County Courts. 343 That by the Municipal Corporation Act, any other business usually transacted beAttorneys and Solicitors are not excluded from fore Justices of the Peace. holding the offices of Mayor or Chief Officer And your petitioners will everpray, &c. of cities or boroughs, and that by the said
Signed on behalf
reLiverpool Act all who are elected to and hold such
Law Society, offices are Justices of the Peace by virtue
EDWARD Banner, President. thereof.
That the eligibility of Attorneys and Solici- JURISDICTION OF COUNTY tors to hold such offices is evidenced by the
COURTS. fact, that since the passing of the said Munici. pal Corporation Act, nearly 300 of their body have been elected by their fellow citizens and UNDER NUIBANCes' REMOVAL ACT, 1848,
ALTHOUGH TITLE TO LAND IN QUESTION. burgesses to the office of Mayor, and consequently to the office of Justice of the Peace A PLAINT was issued in the Hertford County during their respective Mayoralties, and for Court for the recovery of a sum of 361. paid by the ensuing year.
guardians of the poor of the Hertford Union That in Scotland, Advocates, Writers to the on the abatement of a nuisance on certain preSignet, and Solicitors in the Supreme Courts, mises, of which the defendants were owners, in are frequently appointed Justices of the Peace, the oply disqualification being, that they shall pursuance of an order of two justices of the not be allowed to act, so long as they shall peace under the 11 & 12 Vict. c. 123. practise in any inferior Court.'
Section 3 of this Acts directs the amount That your petitioners are at a loss to under- paid for abating a nuisance to be recoverable stand, why, if the Legislature recognizes the either in the County Court or before two juseligibility of Attorneys and Solicitors to act as
tices. Justices of the Peace in cities and boroughs, they should not be equally eligible to act as
Held, that the County Court had jurisdiction, such in counties, and also, why any distinction although the title to the land in wbich the in this respect should be made between Attor- nuisance existed came in issue. Guardians of neys and Solicitors in England, and Writers to the poor of Hertford Union v. Kingston and the Signet and Solicitors in Scotland.
That the proper discharge of the duties of another. 11 Exch. 295. Justices of the Peace, requires some degree of legal knowledge, and your petitioners submit, WHERE DEFENDANT NOT RESIDENT WITHIN that it is injudicious to confine the choice of JURISDICTION.-PROHIBITION, WRIT OF. persons to fill that responsible office, by ex
“The result of Borthwick v. Walton, 15 C.' cluding the only class of men, widely diffused over all parts of the country, who have receiv. B. 501, and of the true construction of the 60th ed an education peculiarly fitting them for the section of 9 & 10 Vict. c. 95, is that where the due fulfilment of its duties.
defendant does not reside within the jurisdicThat your petitioners think the appointment tion, the whole cause of action must arise of Attorneys and Solicitors as Justices of the within the jurisdiction of the County Court, in Peace, not only in cities and boroughs, but also in counties, should be allowed by the Le- order to give the Judge jurisdiction,”-per gislature, but that such provision should be. Alderson, B. accompanied by an express prohibition against The writ of prohibition to the Judge of a their acting professionally in General or Petty Connty Court from further proceeding in a Sessions, thus placing them on a footing similar to that of Writers to the Signet and Solici- matter over which be has vo jurisdiction, is a tors in Scotland.
writ of right, but not of course. Its true naYour petitioners therefore humbly pray, that ture and character were pointed out by Mans
your Honourable House will not allow the field, C. J., in the case of Buggin v. Bennett, 4 before-mentioned provision contained in Burr. 2037, viz., that where a party has estathe said Bill to pass into a Law, but will blished the facts upon which he founds his apenact in lieu thereof, that any Attorney. Solicitor, or Proctor acting as a Justice of plication to the satisfaction of the Court, he is the Peace for any county, riding, or di- entitled to the writ as of right. vision, shall be prohibited from practising A party who objects that the County Court professionally, either directly or indirectly, has no jurisdiction to determine a plaint does in any General or Petty Sessions, or in
not acquiesce in the jurisdiction of that Court,
or waive his right to a writ of prohibition by " It is stated in Burton's Manual of the Law of Scotland (p. 23) that “ no Procurator before obtaining from the Judge the statement of a an Inferior Court can Act as a Justice of the case for the opinion of a Superior Court. Peace.” There appears to be no other restric- Juckson v. Beaumont, 11 Exch. 300. tion.- Ed. L. 0.
Sheriffs, Under-Sheriffs, &c., for 1856.
SHERIFFS, UNDER-SHERIFFS, &c., Note.—WARRANTS are not granted in Town for those Places marked (*)-The Term
Office Hours, in Term, from 11 till 4;
. Talbot Barnard, of Kempston, Esq. Berkshire
George Barker, of Stanlake Park, Esq.
* Bristol, City of Buckinghamshire Cambridge and Hunts. *Canterbury, City of ..
Cheshire *Chester, City of *Cinque Ports Cornwall
Albany Bourcbier Savile, of Bristol, Esq. ..
James Samuel Pitman, of Duncbidcock, Esq.
Robert Smith Surtees, of Hamsterley Hall, Gateshead, Esq. ..
* Exeter, City of
Charles Williams Allen, of the Moor, near Kington, Esq.
William Joseph Myers, of Porters in Shenley, Herts, Esq.
Richard Paterson, of Chislehurst, Esq.
Robert Needham Philips, of the Park, near Manchester, Esq. * Leicestershire
Thomas Cope, of Osbaston Hall, Esq. *Lichfield, City of
John Delane Griffith, of Lichfield, Esq. Lincolnshire..
Charles Thomas Johá Moore, of Frampton Hall, Esq. Lincoln, City of
William Kirk, of Lincoln, Esq. London, City of
S Richard Hartley Kennedy, of the Oriental Bank, Walbrook, Esq. Middlesex
William Anderson Rose, of 66, Upper Thames Street, Esq. Monmouthshire
Edward Bagnall Dimmack, of Pontypool, Esq. *Newcastle-upon-Tyne Anthony Nichol, of Newcastle-upon-Tyne, Esq.
Robert Kellett Long, of Dunston Hall, near Norwich, Esq. .. Northamptonshire
Oscar William Hambrough, of Pipwell Hall, near Kettering, Esq. Northumberland
Bryan Burrell, of Broom Park, Alnwick, Esq. • Norwich, City of
Timothy Steward, of Norwich, Esq. Nottinghamshire
Samuel William Welfart, of Langwith Lodge, Nottingham, Esq. * Nottingham, Town of Francis Edward Shipley, jun., of Nottingham, Esq. Oxfordshire
William Evetts, of Tackley Park, Esq. Poole, Town of
Frederick Styring, of High Street, Poole, Esq. *Rutlandshire .
Charles Morris, of Oakham, Esq.
Sheriffs, Under-Sheriffs, &c., for 1856.
FOR 1856.—[From Laidman's List.]
Deputies and Town Agents.
Messrs. Maples and Co., 6, Frederick's-place, Old
Jewry. John Jackson Blandy, of P.eading, Esq.
Edward Lee Rowcliffe, Esq., 1, Bedford-row.
Tweed, Esq. (A. U.) Robert Home, of Quay Wm. Crossman, Esq. (firm, Pringle & Co.), 3,
King's. Road, Bedford Row.
square. John Garrard, of Oiney, Bucks, Esq.
Messrs. Cardale, Iliffe, & Russell, 2, Bedford-row. Clement Francis, of Cambridge, Esq.
Messrs. Cole, 36, Essex-street, Strand. Robert Walker, of Canterbury, Esq.
Messrs. Madox and Wyat, 30, Clement’s-lane. Jobn Hostage, of Bridge-house, Chester, Esq. Messrs. Chester, Toulmin, and Chester, Staple-inn. John Hostage, of Bridge-house, Chester, Esq. Messrs. Chester, Toulmin, and Cbester, Staple-inn. Coplestone L. Radcliffe, of Plymouth, Esq. Messrs. Gregory, Gregory, Skirrow, and Rowcliffe,
1, Bedford-row. Silas Saul, of Carlisle, Esq. John James Simpson, of Derby, Esq.
G. Capes, Esq., 1, Field-court, Gray's-inn. "
Messrs. Taylor, Collisson, & Woodward, 28, Great
James-st., Bedford-row. Thomas Edward Drake, of Exeter, Esq.
Messrs. Buckley and Philbrick, 39, Basinghall-st. Charles B. Henning, of Dorchester, Esq. (A.U.)
S. Beisley, of 1, Lincoln's-inn-fields, Esq. Messrs. Beisley & Pattisson, 1, Lincoln'-inn-fields. William Emerson Wooler, of North Bailey, Dur. Messrs. Pollard & Hollings, Carlton Chambers, 12, ham, Esq.
Hawkins & Co., New Boswell-court.
F. Impey, Esq., 12, Bedford-row.
W.C. Smith, Esq., 31, Lincoln's-inn-fields. Robert Harfield, of 5, Portland-street, Southamp
ton, Esq. (A. U.) Charles Henry Roberts, of Bishop's Waltham, Esq. ..
Messrs. Braikenridge, 16, Bartlett's-buildings. Benjamin 'Bodenbam, ' of Kington, Esq. (A.U.) Messrs
. Meredith, Reeve, and Co., 8, New-square, Richard Underwood, of Hereford, Esq.
Messrs. Hawkins, & Co., 2, New Boswell-court. Clement Francis, of Cambridge, Esq.
Messrs. Cole, 36, Essex-street, Strand. Henry Atkinson Wildes, of Maidstone, Esq. Messrs. Palmer, Palmer, & Bull, 24, Bedford-row. E. F. Shackles, of Kingston-upon-Hull, Esq. H.S. Redpath, Esq. 9, Old Jewry Cliambers. Henry Charlewood, of Manchester, Esq." (A.U.)
Messrs. Wilson, Son, and Deacon, of Preston Messrs. Ridsdale and Craddock, 5, Gray's-inn-sq. Samuel Berridge, of Leicester, Esq.
G.J. Robinson, Esq., 33, Lincoln's-inn-fields. John Philip Dyoti, of Lichfield, Esq.
S. B. Somerville, Esq., Lincoln's-inn-fields. Henry Peake, of Sleaford, Esq. (A. u.), H. Wiiliams, nf Lincoln, Esq.
Messrs.Taylor & Co., 28, Gt. James-st., Bedford-row. Richard Mason, of Lincoln, Esq.
Messrs. Taylor & Co., 28, G1.James-st , Bedford-row. David Henry Stone, of 93, Poultry, Esq.
Secondaries' Office, Basinghall-street. James Anderson Rose, of 11, Salisbury-st., Strand Messrs. Burchell and Hall
, 24. Red Lion-square. Edmund Butler Edwards, of Ponty pool, Esq. Messrs Smith and Shepherd, 15, Golden-square. William Daggett, of 3, Dean-street, Newcastle. Messrs, Williamson, Hill, & Williamson, 10, Great upon-Tyne, Esq.
James-street, Bedford-row, John Skipper, of Norwich, Esq.(A. V.) Messrs. A. & C. Taylor, Norwich
G.T. Taylor, Fsq., 18, Featherstone-bldgs., Holborn Henry Philip Markham, of Northampton, Esq. J. Whitebouse, Esq., 36, Lincoln's-inn-fields. William Forster, of Alnwick, Esq.
Messrs. Gray, Armstrong, & Mounsey, 9, Staple-inn. Thos. Brightwell, jun., of Surrey-st., Norwich, Esq. Messrs. Sharpe, Field, & Jackson, 41, Bedford-row, Edmund Percy, of Nottingham, Esq. (A.U.) John Messrs. Taylor, Collisson, & Woodward, 28, Great Brewster, of Nottingham, Esq.
James-st., Bedford-row, Christopher Swann, of Nottingham, Esq. .: Messrs. Holme, Loftus, and Young, 10, New-inn,
Strand, Jobn Marriott Davenport, of Oxford, Esq.
Messrs. Davies & Co., 17, Warwick-st., Regent-st. Henry Mooring Aldridge, of Market-st., Poole, Esq. W. Skilbeck, Esq., 19, Southampton-buildings. Thomas Brown, of Uppingham, Esq.
Thos. Benneti, Esq., 23, Hunter-st., Brunswick-sq.
List of Sheriff's, Under-Sheriffs, &c.- Amended Partnership.-Chancery Causes.
.. Edward Richard Northey, of Woodcote House, Epsom, Esq.
William Drew Lucas Shadwell, of Fairlight Hill, Hastings, Esq.
Sir Peter Van Notten Pole, of Todenham House, Gloucestershire, Bart .. William Wilkinson, of Wariop Pernrith, Westmoreland, Esq.
Charles William Miles, of Burton Hill, near Malmesbury, Esq.
Harry Stephen Thompson, of Kirby Hall, York, Esq.
Worcester, City of
Yorkshire •York, City of
*Breconsbire .. *Cardiganshire *Carmarthen, Borough of *Carmarthenshire *Glamorganshire *Haverfordwest, Town of
Thomas Davies, of Llangattock Cort, Esq.
George W. Rice, of Llwnny brain, Esq.
James Saies, of 9, Spring Gardens, Haverfordwest, Esq.
*Pembrokeshire Radnorshire ..
AMENDED PARTNERSHIP BILL.
TRANSFER OF CHANCERY CAUSES.
Tus Bill, as amended in Committee, The Lord Chancellor doth bereby order provides, in lieu of the first and second that the several causes set forth in the Scheclauses of the former Bill, that “ no person carrying on business shall, by reason that dule hereunto subjoined, and now standing in another person shares in the profits of such the Book of Causes of the Vice-Chancellor business, have power to contract debts on Wood, be heard before the Lords Justices, behalf of such other person, or to subject and for that purpose be transferred to their him to any liability.”
Lordships' Book of Causes. This proposed enactment is in lieu of the previous clauses, which declared that the advance of money on a contract to share in
Stuart o. Combe, special case. the profits should not of itself make the Ward r. Cartright, (2) further directions and lender liable as a partner; nor that the re. costs. muneration to an agent by a share in the Blount 9. Warwick and Napton Canal Comprofits should make him a partner. pany, further consideration.
List of Sheriffs, Under-Sheriffs, &c.-County Court Reform.
Deputies and Town Agents.
tersbire, Esq. (A. U.) Joshua John Peele, of Sbrewsbury, Esq.
H. B. Jones, Esq., 22, Austin-friars. 1. Nicholetts,of Stb. Petherton, Somersetsbire, Esj. Messrs. Dynes & Harrey, 61, Lincoln's-inn-fields. Robert Harfield, of Southampton, Exq..
Messrs. Braikenridge, Bartlett's-buildings.
Messrs. White and Sons, 11, Bedford-row.
Messrs. Jackson, Sparke, and Holmes, of Bury
Messrs. Kingsford & Dorman, 23, Essex-st., Strand. Cbas.Jas. Abbott, of 8, New-inn, Strand, Esq.(A.U.) Messrs. Abbott, Jenkins, and Abbott, 8, New-inn,
William Haydon Smallpiece, of Guildford, Esq. Strand. William Blackmore Young, of Hastings, Esq. Messrs. Palmer, Palmer, & Bull, 24, Bedford-row. Thomas Heath, of Warwick, Esj.
Messrs. Taylor & Co., 28, Great James-st., Bedford. John Heelis, of Appleby, Westmoreland, Esq. Messrs. Grav, Armstrong,'& Mounsey, 9, Staple-inn. West Arcry, of Chippenham, Esq.
Messrs. Lewis, Wood, and Street, 6, Raymond
buildings, Gray’s-inn. John Harward, of Stourbridge, Esq. (A.U.) Messrs. Gillam & Sons, Worcesier
William Skilbeck, 19, Southampton-buildings. Edward Corles, 72, Broad-street, Worcester, Esq. T.G. Norcutt, Esq., 11, Grav's inn-square. William Gray, of York, Esq.
Mess's. Bell, Brodrick, and Beli, Bow-church.yard. Jeseph Munby, of York, Esq.
J. W. flower, Esq., 17, Gracechurch-street, City.
Henry Mapbery, of Brecknock, Esq.
Messrs. Gregory and Sons, 12, Clement's-inn. Frederick Rowland Roberts, of Aberystwith, Esq. John Atwood, 4, George-yard, Lombard-street. William T. Thomas, of Carmartben, Esq.
Messrs. Chilton and Burton, 7, Chancery-lane. W. H. Goode, of Carmarthen, Esq.
Messrs. Trinder & Eyre, 1, Jobn-st., Bedford-row, Ricbard Wyndham Williams, of Cardiff, Esq. Messrs. Keightley & Co., 43, Chancery-lane William Davies, of Haverfordwest, Esq.
Messrs. Hastings and Smith, 3, Southampton-st.,
Bloomsbury-square. Henry Matbias, of Haverfordwest, Esq.
G. P. L. Eyre, Esq., 1, John-street, Bedford-row. William Stephens, of Presteigne, Esq.
D. Hughes, Esq., 13, Gresham-street.
Morrell o. Morrell, further consideration.
COUNTY COURT REFORM.
Sır,-I infer from the article headed “ Lavy Holmes o. Godson, special case.
Bills in Progress,” in your last week's Legal
Observer, that we may speedily expect to see a Matthews o. Windross, further considera- Bill brought into Parliament for the purpose
of carrying into effect the recommendations of Cook o. Cook, further consideration. the County Court Commissioners, with a view Griffith o. Jones, special case.
to the iniprovement of the practice of these
Courts. That they need reform, and a searchMartineau v. Rogers, special case.
ing one, no plaintiff, defendant, or practiCare o. Cave, special case.
tioner so luckless as to be personally ac(Signed) R. O. WALKER, Registrar. quainted with them and their modus operandi, Note.—These Causes will be placed in the tigation should be completed before Parliament
will, I believe, deny, but surely ihe invesPaper for Hearing on or after the 26th day of begins to legislate. We have as yet heard but February
half the case, bad has indeed been told, but worse remains behind to tell.