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County Court Amendment Bill. in the manner provided by law, where the as may be allowed on taxation by the registrar amount of the claim exceeds 201.
of the Court; but no warrant of execution Trial of Title by consent.
shall issue upon such judgment until after the 21. In any action in the County Court in and the order upon such judgment shall be for
day appointed for the return of the summons ; which the title to any corporeal or incorporeal payment forthwith, or by such instalments as hereditament shall incidently come in question, the plaintiff shall, in writing, have consented the Judge shall have power to decide the to take at the time of the entry of the plaint. claim which it is the immediate object of the action to enforce, if both parties at the trial Service of Witnesses by Parties. shall consent to the Judge having such power; but the judgment of the Court shall not be 95, is hereby repealed, and either of the parties
26. The 85th section of the 9 & 10 Vict. c. evidence of the title between the parties or their privies in any other proceeding in that or any Court may obtain, at the office of the registrar
to a suit or other proceeding in the County other Court; and such consent shall not pre- of the Court, summonses to witnesses, to be judice or affect any right of appeal of the parties served by the party, his Attorney or agent, to such action, or either of them.
with or without a clause requiring the produce Removal to Superior Courts. tion of books, deeds, papers, and writings in 22. If in any action of contract the plaintiff their possession or control, and in any such shall claim a sum exceeding 201., or if in any
summons any number of names may be inaction of tort the plaintiff shall claim a sum
serted. exceeding 51., and the defendant shall give no- 27. Judge may issue warrant for bringing tice that he objects to the action being tried in up a prisoner to give evidence. the County Court, and shall give security, to
28. Repeal of 9 & 10 Vict. c. 95, s. 91, 13 & be approved of by the registrar, for the amount 14 Vict. c. 61, s. 6, and 15 & 16 Vict. c. 54, claimed, and the costs of trial, in one of the s. 10.3 Superior Courts of Common Law, not exceed.
Attorneys and Advocates. ing in the whole the sum of 1501., all proceedings in the County Court in any such action
29. The party to any suit or other proceedshall be stayed; but if in any such action the ing in the County Courts, or an attorney of defendant do not object to the same being
one of her Majesty's Superior Courts of Retried by the County Court, or shall
fail to give cord, being an attorney acting generally in the the security aforesaid, the County Court shall action for such party, and not being an attordispose of the cause in the usual way, unless ney retained as an advocate by any other atthe plaint be removed from the said Court by torney, or a barrister retained by or on behalf writ of certiorari; and the entry of the plaint of the party on either side, but without any in such action shall be a sufficient commence- right of exclusive or pre-audience, or, by leave ment of the suit to prevent the operation of of the Judge, any other person allowed by the any Statute of Limitation applicable to such Judge to appear instead of the party, may adclaim.
dress the Court, subject to such regulations as 23. How security shall be cancelled.
the Judge may from time to time prescribe for
the orderly transaction of the business of the Removal from Superior to County Court. Court.
24. Where in any action of contract brought in any of her Majesty's Superior Courts of
Costs.-Fees of Attorneys and Counsel. Common Law the sum claimed does not ex- 30. An attorney shall not be entitled to have ceed 501., or where the sum claimed is re- or recover for appearing or acting on behalf of duced by set-off, payment, or otherwise to a any party to a suit any sum of money, unless sum not exceeding 501., a Judge of such the debt or damage claimed shall be more than Courts, on the application of either party, may, 408., or to have or recover more than 10s. for in his discretion and on such terms as he shall his fees and costs unless the debt or damage think fit, direct that the cause instead of being claimed shall exceed 5l., or more than 15s., tried in such Superior Court shall be tried in where the debt or damage claimed shall not any County Court, which in his opinion is exceed 201.; and no person not being an atmost convenient for the purposes of trial. torney admitted to one of her Majesty's Su
perior Courts of Record shall be entitled to Notice of Defence, otherwise Judgment.
have or recover any sum of money for appear25. In any action in the County Court in ing or acting on behalf of any other person in which the debt claimed shall exceed 201., the the said Court. defendant in case he shall intend to defend 31. Where the debt or damage claimed shall such action shall give notice of such intention, not exceed 201., no attorney shall recover from and in default of such notice being given, the plaintiff shall be at liberty to have judgment 3 The 9 & 10 Vict. c. 95, s. 91, relates to entered up against the defendant, at such time persons who may appear in County Courts; as shall be appointed for that purpose by any the 13 & 14 Vict. c. 61, s. 6, to the fees of rule of practice to be hereafter made in that barristers and attorneys, and the 15 & 16 Vict. behalf; and such Judgment shall include the c. 54, s. 10, to persone qualified to practise becosts which have been incurred by the plaintiff fore the Court.
County Court Amendment Bill.
399 his client any further costs or charges in the
Removal by Certiorari. conduct of such suit than those mentioned in the last section, unless upon taxation of costs
36. A plaint entered in a County Court for the registrar upon being satisfied, by writing of certiorari, if it shall appear to a Judge of
a sum less than 51. may be removed by a writ under the hand of the.client, that he has agreed one of the Superior Courts of Common Law to pay such further charges, shall allow the that it would be desirable that the cause should 32. Where the debt or damage claimed shall and provided that the party applying for such
be tried in one of the said Superior Courts ; not exceed 201., the fee to be allowed for em: writ shall give security for the debt and costs ploying a barrister as counsel in a cause shall in the Superior Court, not exceeding in amount pot exceed 11. 3s. 6d.
1001. 33. The expense of employing a barrister or an attorney, either by plaintiff or defendant, prohibition, summons to show cause to be a
37. On application for a writ of certiorari or shall not be allowed on taxation of costs in the case of a plaintiff where less than 5l. is re
stay of proceedings. covered, or in the case of a defendant where having been obtained to be sent to registrar of
38. Notice of writ of certiorari or prohibition less than 5l. is claimed, or in any case unless
Court. by order of the Judge.
39. Where writ of certiorari or prohibition Costs where Claim exceeds 201.
is refused by one Court, no further application
to be made on same grounds. 34. For the better remuneration of counsel and attorneys in the County Courts in causes
Mandamus. where the debt or damage claimed exceeds 201., 40. In cases in which any one of her Maor in other matters not herein-before provided jesty's Superior Courts of Record now have for, the Judges of the County Courts appointed power to direct a writ of mandamus to issue, to or to be appointed by the Lord Chancellor, a Judge, or an officer, of a County Court, such under the Act 15 & 16 Vict. c. 54, to frame a Court shall be empowered to grant a rule for scale of costs and charges to be paid to attor- that purpose; but if any such Court shall reneys in the County Courts, are hereby em- fuse to grant such rule it shall not be compepowered from time to time to frame a scale of tent for the party applicant to apply to any costs and charges to be paid to counsel and other of such Courts, or to any Judge thereof, attorneys in the County Courts in such causes; to grant such rule on the same grounds, and and such scale of costs and charges when cer- if application be made on other grounds, for tified to the Lord Chancellor under the hands such rule, such application shall be made to of the Judges so appointed or authorised, or any the Court to which the first application was three of them, shall be submitted by the Lord made, or to a Judge of such Court. Chancellor to three or more of the Judges of the
Payment by Instalments. Superior Courts of Common Law ‘at Westminster, of whom the Chief Justice of the Court
41. The 9 & 10 Vict. c. 95, s. 92, repealed. of Queen's Bench or Common Pleas, or the
42. In cases where the debt or damage Chief Baron of the Court of Exchequer, shall
claimed does not exceed 201., the Judge may be one, and such Judges of the Superior Courts make orders concerning the time or times and may approve or disallow or alter or amend by what instalments (if any) the debt or dasuch scale of costs and charges, and the scale mages or costs for which judgment shall be of costs and charges so approved, altered, or shall be paid into Court; but in all other cases
obtained shall be paid, and all such moneys amended shall, from and after a day to be he shall order the full amount for which judgnamed by such last-mentioned Judges, be in force in every County Court; and all costs be- ment is recovered, to be paid forthwith, unless tween party and party and attorney and client the parties shall desire that the same should be shall be taxed by the registrar of the Court, the same to be paid at such time or times and
paid by instalments, and then he shall order but his taxation may be reviewed by the Judge by such instalments (if any) as the parties may case, upon the taxation of the costs between desire, and all such moneys shall be paid into
Court. attorney and client, shall any costs or charges be allowed, which are not sanctioned by the
Executions. aforesaid scale, unless the registrar upon being 43. Time when application for warrant made satisfied by writing under the hand of the to be entered in book. client that he has agreed to pay further costs 44. Priority of warrants of execution issuing or charges shall allow the same, and no attor- out of one Court. ney shall have a right to recover from his 45. Where an execution against the goods client any costs or charges not so allowed on and chattels of a party has issued from one of taxation.
her Majesty's Superior Courts of Common Rules and Orders.
Law, and an execution against the goods and
chattels of the same party has issued from a 35. Judges to make rules and orders for County Court, the priority of right to the goods regulating practice of Courts; such orders to be submitted to three or more Judges of Su. * This section relates to payments by instalperior Courts.
House of Lords Appellate Jurisdiction. seized shall be determined by the time of the proposed, instead of improving, would inevidelivery of the writ to the sheriff to be execut- tably derogate from the weight and influence ed, or of the application to the registrar of the of the tribunal. Whatever is done, therefore, County Court for the issue of the warrant to in the way of practical improvement, the prinbe executed.
ciple ought never to be lost sight of---that the Commitment.
judgment to be pronounced, shall be in fact as 46. Summons for commitment may, by leave well as in form, the judgment of the House of of Court, issue in Court in which judgment
Lords. There may be an awkwardness and was obtained.
even an absurdity in requiring the formal at47. Judgment may be removed if there are rum of three; and this part of the present
tendance of any lay lord to make up the quono goods to be taken under it.
system cannot be too soon altered. At the same [To be continued.]
time, it ought never to be forgotten that until
a recent period the judgments of the House of HOUSE OF LORDS APPELLATE
Lords were pronounced almost exclusively at
the instigation of the Lord Chancellor for the JURISDICTION:
time. And never did the decisions command
more universal assent than, when they proWe have been favoured by a learned corre-ceeded from one great and comprehensive spondent in the North with some observations mind. The judgments of Lord Eldon, for in
stance, are everywhere regarded as among the on the important subject of the Appellate Juris- most profound and elaborate expositions of the diction of the House of Lords. They appear law; and the very circumstance that the whole to us to deserve consideration, and are as responsibility of the judgment was devolved follow :
upon him, no doubt served to secure all the
more his anxious and undivided attention. In “The only ostensible reason assigned for the reference to his judgments on Scotch Appeals, recent attempt to infringe the Constitution of Lord Brougham says— His knowledge and the House of Lords as a hereditary branch bis ingenuity were not confined to his own of the Legislature, was the alleged 'necessity peculiar branch of jurisprudence, the law of of adding to the judicial strength of the England. He was an admirable Scotch Law. Chamber as a Court of Appeal. Without re- yer also ; and he had the courage to decide, as verting to the subject of Baron Wensleydale’s well as the ability to sift, some of the greatest right to a seat in the House, it is sufficient to cases that have ever been brought by appeal say that the professed object of the appoint- from the Courts of Scotland, reversing the ment might have been as easily attained by judgments of those Courts in questions of pure observing the usual conditions-it never hav- Scotch conveyancing, and reversing them so ing been alleged that the learned individual as to offend those lawyers at first who were objected on personal or family grounds to ac- afterwards ready to confess that he was right, cept the higher honour. But the recent dis- and that he had preserved the integrity of the cussions, displaying as they did so great an Scotch law.' amount of learning and research, will not have “It may perhaps be said that the public busibeen lost, if they lead to any practical improve- ness of the Court and of the country has greatly ment in the mode of exercising those functions increased since the Earl of Eldon occupied the of the Peers which relate to the administration Woolsack, and that it would be impossible for of justice. Not that we give any credit to the one of his modern successors to devote so representations which have recently been made much time and attention to Appeal Cases as as to the Court of last resort having lost the he did. We are not sure of that. At all events confidence of the litigants and of the public. there are many parts of the Lord Chancellor's With the exception of one or two cases that public duty in wbich his personal services may occurred last year, in which the present and be more easily spared by the country than in the last Lord Chancellor bappened to differ in presiding in the Court of last resort. But opinion, without having the aid of a third Law there is no reason why the Chancellor should Lord to decide, nothing has occurred to dis- not at all times have the assistance of other turb the harmony or weaken the authority of a two Law Lords, so as to prevent the possibility Court which we believe is still the highest in of the Court being equally divided in opinion ; public and professional opinion, as it is in ju- and this, we believe, will ultimately be the dicial position, in the country. And we would practical result of the present appointment of regard it as one of the greatest misfortunes a Committee of the Upper House to consider which could happen to the cause of Right and the subject. Justice, if any material change were to be made “The speech of the Earl of Derby, in bringin the constitution of that august tribunal. So ing the matter under the consideration of the long as the House of Peers is constituted as it House was characterised by great lucidity of now is, the public have the assurance that their statement, as well as a thorough knowledge of causes will receive the careful, enlightened, and the subject. After alluding to the importance impartial consideration of the greatest legal and of upholding the judicial character of the judicial minds in the country. To call in an House as the Court of ultimate Appeal he said inferior class of Judges, as has sometimes been Of this I am quite certain, that if it were
Charitable Uses Bill.-Marriage Law Amend. Bill.- Justices of the Peace Qualification. 401 necessary to adopt an alternative between the By the Bill now before the House of maintenance of any privilege of the House Lords a similar provision is included in the however important and valuable, and a failure 7th section applicable to any property in the administration of justice towards any of held for any charitable use. The Bill has her Majesty's subjects, I am quite sure that not one of your lordships would hesitate as to passed the House of Commons and stands which alternative to adopt, but that you would for 2nd reading in the Lords. all say-"Let justice be fairly and impartially We presume that the stewards of maadministered whatever privileges this House nors, whose fees will be affected by this may be called upon to abandon.”' It is to be enactment, have taken the proper steps to hoped that an inquiry entered upon in such bring their claim before their lordships. a spirit will lead to a satisfactory arrangement. But there was one point to which the noble earl alluded that more especially concerns
MARRIAGE LAW AMENDMENT this part of the kingdom-the disposal of
BILL. Scotch Appeals. He stated that he had received a letter on the subject from the present REPEAL of statutory prohibition of marLord Justice General, who had offered to give riage with a deceased wife's sister or niece ; evidence in the event of a Committee being s. i. appointed. It will be very proper that the Such marriages before the passing of this Committee have the benefit of the opinion of Act not to be void or voidable; and to enable one so able and learned; but we would at the such marriages to be celebrated under the 6 & same time regret to see effect given to the view 7 Wm. 4, c. 85, the affinity between a man and hinted at by Lord Derby, and doubtless sug- his deceased wife's sister or niece to be no gested by his Scotch correspondent--that of lawful impediment; s. 2. summoning to the aid of the Peers some of
Not to render valid any marriage between the most eminent of the Scotch Judges. That a man and his deceased wife's sister or niece would be merely transferring the Court of after a previous marriage of either party with Session to London, and so virtually defeating person within prohibited degrees, nor where the ends of an appeal; for it is not to be sup- such marriage has been annulled by competent posed that a decision would ever be given by Court, nor where such marriage would render the House of Lords at variance with the advice invalid subsequent marriage ; 8. 3. of the Scotch Assessors. But the great benefit Proviso for saving of rights to any dignity of the present mode of appeal is, that the cause or title of honour, or any estate, &c., which is brought under the review of fresh minds, shall remain as if this Act had not passed; removed from the influence of local prejudices s. 4. and precedents. Hence the universal satisfac- This Act not to affect settlements of pertion which the judgments of the House of sonal property under wills and testaments adLords give in all Appeal Cases. It is not ne- ministered to before the passing thereof; s. 5. cessary-as was proved in the case of Lord
Law and discipline of the United Church of Eldon--that the reviewing Judges should have England and Ireland, or of the Church of been bred at the Scotch Bar. What the pub- Scotland, not to be altered or affected ; s. 6. lic and litigants want, is to have the benefit of Neither of the parties to any marriage bethe highest order of judicial intellect; and this tween a man and his deceased wife's sister or is far more likely to be secured by the causes niece shall be liable to censure or punishment, being submitted to the greatest lawyers in the kingdom, than by re-arguing a case by way of Act not to extend to Scotland ; s. 8. appeal before a Judge who had already adjudicated upon it. We feel confident that these are the views which ought to influence the settle- JUSTICES OF THE PEACE QUALI. ment of the present question."
CHARITABLE USES BILL. EXCLUSION OF ATTORNEYS AND SOLICITORS.
The following is the Petition of the InCOPYHOLD FINES AND FEES.
corporated Law Society against the clause By the 13 & 14 Vict. c. 28, for rendering excluding Attorneys and Solicitors from the simple and effectual the titles to property Commission of the Peace in Counties, held for religious worship or education, it with the Reasons which have been printed was by the 2nd section provided, in lieu of for circulation amongst Members of Parfines on death or alienation, that the lord liament :of the manor, on the next appointment of " To the Honourable the Commons of the United a new trustee, and at the expiration of 40 Kingdom of Great Britain and Ireland in years, so long as the property shall be held
Parliament assembled. in trust, shall receive a sum corresponding “The humble petition of the Society of Atto the fine and heriot which would have torneys, Solicitors, and Proctors pracbeen payable on death or alienation.
tising in the Courts of Law and Equity 402 Justices of the Peace Qualification Bill.-Review: Greenwood's Conveyancing.
of the United Kingdom, incorporated by | by Statute from acting as Justices of the Peace Charters of King Williain the Fourth for counties in England is that of Attorneys, and Queen Victoria.
Solicitors, and Proctors, whilst in practice. “SHEWETH,
“This invidious exception, originally con. “That by the 23rd clause of a Bill now be- tained in old Statutes, cannot be defended at fore your Honourable House 'to amend the the present day, and if a Solicitor or Proctor is Laws relating to the Qualifications of Justices so eligible for the appointment that he would of the Peace, it is proposed to enact, that'no be selected by the Lord Lieutenant, and apAttorney, Solicitor, or Proctor in any Court proved by the Lord Chancellor, he ought not shall be capable of being a Justice of the to be disqualified from acting. Peace for any county, riding, or division
“Take the case of a Solicitor who resides in during such time as he shall continue to prac. the country for a considerable portion of the tise as an Attorney, Solicitor, or Proctor.? year. Ought he to be disqualified from acting
“That Attorneys, Solicitors, and Proctors as a Justice in the County in which he resides may be appointed Justices of the Peace for any because he or his partners carry on business as city or town having Justices of the Peace Solicitors in London? His legal knowledge is within their respective limits and precincts, by an important qualification for the office. It is charter, commission, or otherwise.
sometimes stated that magistrates are too much “ That under the Municipal Corporation Act led by their clerks ; if that be so, it is because Attorneys, Solicitors, and Proctors are en- the clerks are better acquainted with the Law abled to hold the office of Mayor in cities and than the Magistrates upon the Bench. boroughs, the holders of which office are ex “ Attorneys, Solicitors, and Proctors may officio Justices of the Peace for their year of act as Justices for Cities and Boroughs, and office and for the ensuing year.
under the Municipal Corporation Act, when “That since the passing of the Municipal elected to the office of Mayor they are Justices Corporation Act a large number of Attorneys of the Peace, virtute officii, for their year of and Solicitors have been elected by their fellow office, and for the year following. citizens to the office of Mayor, and have exer
“ Writers to the Signet and Solicitors in the cised the duties of Justices of the Peace for Supreme Courts of Scotland are not disqualisuch cities and towns with advantage to the fied from acting as Justices of the Peace for Public.
Counties in Scotland, and they are appointed “That Writers to the Signet and Solicitors to that office in common with other gentlemen in the Supreme Courts of Scotland are eligible of equal position in their respective Counties. for the appointment of Justices of the Peace
“ It is therefore submitted that the 23rd for counties, unless they practise in an inferior Clause should be omitted from the Bill, and Court.
that in lieu thereof a clause to the following “That for the due discharge of the duties effect should be substituted, in analogy with of Justices of the Peace a considerable amount the provisions of the Law of Scotland in reof legal knowledge is desirable, and your pe- spect to Writers to the Signet, 6 Geo. 4. c. 48, titioners submit that it is inexpedient that a s. 27:-class of men dispersed over all parts of the "That no Attorney, Solicitor, or Proctor country, who have been educated in the law
shall act as a Justice of the Peace for any and have been practically acquainted with its County, Riding, or Division within which he administration, should be excluded from it by or any partner of his shall carry on or transstatutory enactment.
act in a professional capacity any business “That it is also inexpedient that Lords
either at the General or Petty Sessions or Lieutenant of Counties should be precluded by
before any Justice of the Peace.” statutory enactment from recommending, and " Incorporated Society's Hall, London, the Lord Chancellor from approving, gentle
“March, 1856." men who may in their judgment be most competent to discharge the duties of Justices of the Peace.
NOTICES OF NEW BOOKS. “Your petitioners therefore humbly pray
that your Honourable House will amend 4 Manual of the Practice of Conveyancing, the Bill by expunging the 23rd clause,
showing the present Practice relating to and by providing that any Attorney, So.
the Daily Routine of Conveyancing in licitor, or proctor acting as a Justice of Solicitors' Offices : to which are added the Peace for any county, shall be pro- Concise Common Forms and Precedents hibited from practising professionally, in Conveyancing, Conditions of Sale, Con either directly or indirectly, in any Gene
and all other Assurances in con. ral or Petty Sessions, or in any other bu
stant use. siness usually transacted before Justices
By G. W. GREENWOOD. of the Peace in such county.
Stevens & Norton, Bell Yard. Pp. 371. “And your petitioners will ever pray,” &c.
The title of this work is, as regards the
practice of conveyancing, very justly adopted. "REASONS AGAINST THE 23RD CLAUSE. The Author gives, in a clear and well"The only class of the community excluded arranged manner, a statement of the duties