Robinson, Daniel Sneinton, Nottingham, Coal and Ship Owner. Pennell, Off. Ass.: Jordeson & Co., High Street, Southwark. Nov. 29. Wilkins, William, Crown Street, Soho, Tallow Chandler. Graham, Off. Ass.: Tribe, Russell Street, Bloomsbury. Nov. 29. vern Keeper. Graham, Off. Ass.; Goddard, Wood Street, Cheapside. Nov. 29. Webster, Christopher, sen., Hulme, Manchester, Banker. Makinson & Co., Temple: Atkinson & Co., Manchester. Dec. 10. Smith, Edward, of Wigmore Street, Cavendish Square, Grocer. Johnson, Off. Ass.: Arch-Wilson, William Henry, Eton, Buckingham, Tabutt, Sloane Square, Chelsea. Nov. 29. Shawcross, William, John Greenhalgh, and John Cross, of Stockport, Chester, Cotton Spinners and Manufacturers. Willis & Co., Tokenhouse Yard: Mortimer, Manchester. Nov. 29. Simpson, George Thomas, formerly of Lower Road, Islington, now of Curzon Street, May Fair, Surgeon and Apothecary, Chemist and Druggist. Pennell, Off. Ass.: Tribe, Great Russell Street, Bloomsbury. Dec. 6. Simons, Thomas, Exeter, Builder. Turner, Exeter: Turner, Bedford Row. Dec. 10. Saint, James, Haltwhistle, Northumberland, Builder, Draper and Shopkeeper. Welford, Weakley, Robert, Devonport, Devon, Hotel Keeper and Tavern Keeper. Sole, Aldermanbury: Sole, Devonport. Dec. 10. Wilkins, William, and Joseph Wilkins, Iffley, Oxford, Timber Merchants. Hester, Oxford: Messrs. Baxter, Lincoln's Inn Fields. Dec. 13. Wilks, Thomas, Walsall, Stafford, Tailor and Draper. Smith, Chancery Lane: Hill, Birmingham. Dec. 13. Schofield, George, Limefield, near Bury, Lancas-Whiteley, Jonas, Halifax, York, Machine Maker. ter, Woollen Draper. Appleby & Co., Bedford Thomas, Thomas Phipps, Cheltenham, Gloucester, Thompson, William Christian, Liverpool, Attor- Steam Packet Proprietor. Holt, Great Yar- Chester, Silk Manufacturers. Lowe & Co., Southampton Buildings, Chancery Lane: Brocklehurst & Co., Macclesfield. Dec. 3. Trent, Henry, and Edwin Ward Trent, Old Ford, near Bow, Middlesex, Rope Makers. Graham, Off. Ass.: Church, Solicitor, [no residence gazetted]. Dec. 6. Triance, William, King's Lynn, Norfolk, Builder. Thornton, John, Bradford, York, Woolstapler. Emmett & Co., Bloomsbury Square: Alexander & Co., Halifax or Stocks & Co., Halifax. Dec. 3. Waller, Thomas, Samuel Waller, Thomas Waller the younger, and Ralph Knowles Waller, Manchester, Cotton Spinners and Manufacturers. Adlington & Co., Bedford Row: Claye & Co., Manchester. Dec. 3. : Wilson, Thomas, and William Wilson, Liverpool, Westall, Richard Purkis, and William Westall, Wells, George Stansfeld, Ripponden, Soyland, Ha- Yates, William, Manchester, Commission Agent, Yeld, George Collett, Market Street, Edgeware PRICES OF STOCKS. Saturday, 21st December, 1839. Tulk, Augustus Henry, and Edward Banks, Gates- Dec. 17. Walker, Elizabeth, Market Rasen, Lincoln, Fell- - 137 a 14 131 af 9s. a 7s. dis. 5s. a 3s, dis. Ditto. Ditto. 500%. 5 a 3s. dis. Street, London, Ship and Insurance Broker, 3 per Cent. Cons. for Openg. Jan. 16 92 a SOME ACCOUNT OF THE GRAND LEGAL TOURNAMENT. We are happy that we are able, during this present joyful season, to present to our readers some account of an occurrence which we trust may form a pleasing variety to the usual contents of our number. Nothing can exceed our love and veneration for the law, whether in its most extended principles or its minutest details. We hallow the very dust which slum bers on the legal folio. We have an affection for the smokey atmosphere of the Inus of Court; it has been the breath of life to sage after sage, and "if we have it not" (except during the long vacation) we die." We stand or fall by our profession: it is our mistress: we can see no defects in it, and what may be blemishes to others are beauties to us. We love it in all its branches; in all its ramifications. Judges and barristers,-attorneys and solicitors,-town and country,-studen's and articled clerks, copying clerks, and barristers' clerks, we have "stomach for them all:" we have a heart for the whole - 66 race; and a hand, such as it is, to defend their smallest privileges. We are fond of all professional customs and habits, and we regret that many of them are becoming old-fashioned. Of the grand legal revels formerly celebrated in the Halls of the Inns of Court about this season of the year When my Lord Keeper led the brawls, And seals and maces danced before him"Of these we have already given a full account, and we are sorry that we are not able to say a word as to their revival. Still, however, we are happy to think that all love of antiquity is not quite extinct among us, as we are now about to prove, by giving a brief but a true and correct account of what will, we are sure, be considered an interesting professional event. Our readers are already well aware of the claims which have recently been put forward by the learned body of Serjeants to the monopoly of the Court of Common Pleas, and that this matter was left pending at the close of VOL. XIX.-No. 566. last Michaelinas Term, the Judges of that Court having expressed their willingness to hear the other side of the question fully argued in the ensuing Hilary Term. Under these circumstances, much discussion has taken place in the interval as to the best mode of settling the matter finally and satisfactorily. The great difficulties attending the question, the peculiar delicacy of the case, and its importance, both to the profession and the public, have led the parties concerned to the conclusion that a mere legal argument is not the right mode of deciding it, and it was determined that "the trial by battel" was, on the whole, the most satisfactory mode that could be resorted to; and however startling this announcement may at first appear, when it is remembered that this mode of trial has been only recently abolished, and was peculiar to the Court of Common Pleas, it will be allowed at once that it is not very surprising that recourse should have been had to it. This having been resolved on, the next point was to devise the best mode of carrying the resolution into effect. The trial by battel was a species of duel which only admitted of two championsa-one on either side-and this, although not without its advantages, was also open to many objections. It was resolved, therefore, that the matter would be more fairly decided by means of a tournament, in which five champions should be selected from among the Serjeants, and five others from among the Queen's Counsel of the Common Law Bar, most affected by the reclosing of the be opened, and that a joust or passage at arms Common Pleas, and that public lists should should take place. This, it was thought, would, on the whole, be the fairest way of settling the question, and would, moreover, be more in accordance with the spirit of the times, tournaments being just now quite the fashion. No sooner was this resolved on than the parties looked about for a piece of ground deliberation, the vacant space in the middle of suitable for their purpose; and, after some Lincoln's Inn Fields was selected as the most a 3 Bla. Com. 339. 162 Some Account of the Grand Legal Tournament. desirable, being adjacent to the chambers | somely responded to. The knights now put of the several champions, and, as it was sug-lances in rest, dashed their spurs into their gested by one of the Judges, close to Sur-fiery steeds, and started at full speed, meeting geon's Hall, in case of any bruised heads or midway in the lists. The war cry on the one broken limbs. Leave from the proper autho-side being "A Campbell, a Campbell,” on the rities having been obtained, lists were soon other, "A Wilde! a Wilde!" The champions erected on the model described by Mr. Justice were thus paired :-The Attorney General enBlackstone. To the honour of the profession countered Serjeant Spankie, each wearing on let it be said, that there was no lack of persons their helmet and shields, the thistle, embleon either side ready and willing to stand for-matic of their country. Mr. Thesiger boldly ward as the selected champions, and to labour opposed the Solicitor General; Serjeant Bompas hard to become expert in the necessary martial singled out Mr. Erle as his temporary foe; exercises. They all, however, without excep- Serjeant Talfourd confronted Mr. Kelly, while tion, declined to take the part of the dummy Serjeant Goulburn, who appeared in a fine suit knight. The names of the selected champions of blue armour, and appeared quite at home in were, for the Serjeants-The Solicitor General; the lists, breathed defiance against Mr. Jervis, Serjeant Spankie, Q. S.; Serjeant Bompas, who, however, quailed not under his looks. S. L.; Serjeant Goulburn, S. L; and Ser-On the first course, so equally matched were jeant Talfourd, S. L. On the other side-The the champions, that no positive advantage Attorney General; Mr. Thesiger, Q. C.; Mr. could be said to be gained by either side. The Erle, Q. C.; Mr. Kelly, Q. C.; and Mr. Jer- plume of Mr. Kelly was carried away, and vis, Q. C. Serjeant Boinpas's helmet was unlaced by the force of the shock; but on the second course a decided advantage appeared in favour of the Queen's Counsel. The Attorney General, with great dexterity, while in full career, altered the posture of his lance; and instead of charging at Serjeant Spankie's shield, attempted the more difficult point of his helmet. He was completely successful-the Serjeant was unhorsed, and was carried out of the lists. Equally fortunate was Mr. Erle, who fairly lifted Serjeant Bompas from his saddle. Never The appointed day having arrived, the rules laid down by the books, and recapitulated by the great commentator, were strictly pursued. On one side of the lists a Court was erected for the Judges of the Court of Common Pleas, who attended in their scarlet robes, and a bar was prepared for the learned Serjeants at Law and Queen's Counsel, not selected as champions. The Court sat at sun-rising, at least as soon as it was considered by the light that the sun had risen; as during the last two months it has hardly been seen at all. Pro-theless he fell on his feet, and would have reclamation was then made for the parties, and their champions, who were introduced by two knights, namely, Sir. F. Palgrave and Sir H. Nicolas, both skilled in legal antiquities. The champions were dressed in a coat of armour, with red sandals, bare legged from the knee downwards, bareheaded, and with bare arms to the elbows. Some doubt arose as to what weapons should be used, but after much discussion it was determined by the Judges that each champion should be furnished with a lance and shield, but no sword. Thus arined, these great and mighty knights took every man his adversary by the hand, and made the prescribed oath against sorcery and enchantment, in the following forin :-"Hear this, ye justices, that I have this day neither eat, drank, nor have upon me neither bone, stone, ne grass, nor any enchantment, sorcery, or witchcraft, whereby the law of God may be abated, or the law of the devil exalted." Each party then retired to the end of the lists, where their faithful squires attended with their chargers. They then put on their helmets, mounted, and waited for the word of onslaught. The lists were kept by a select party of javelin meu, and the heralds now bad the trumpets, who were brought special from the Northern Circuit, to sound a charge, having first gone the round crying the usual ery, largesse, largesse," (a strictly legal expression) which was hand newed the fight. The marshals, however, interfered, and adjudged him conquered. The contest between Serjeant Goulburn and Mr. Jervis was more equal; the activity displayed by the latter being a counterpoise for the heavier metal of the former. In the charge neither was unhorsed, but Mr. Jervis losing his stirrup by the force of the recoil, and his horse swerving at the time, was so closely pressed by the blue knight, that he lost his lance and was thus required by the marshals to give in. In the other two encounters, those between the Solicitor-General and Mr. Thesiger, Serjeant Talfourd and Mr. Kelly, no advantage was gained by either side on the second course. The trumpets now sounded for the third charge, when, leaving the combat with his former antagonist undecided, and finding the leader of the adverse host without any opponent, the Solicitor-General with the utmost boldness rode full charge against the Attorney-General.— On seeing this, the other combatants withdrew on either side, willing, apparently, to allow this combat to decide the fate of the day, as they naturally looked up to their leaders as the most | renowned champion of their side. All eyes were soon directed to them, and the interest of the spectators became intense. The AttorneyGeneral, however, did not immediately perceive the intention of the Solicitor, and from this circumstance was not prepared for his full career. The consequence was that he was unhorsed, and the heralds proclaimed the Solicitor General the victor of the day. At this moment, however, a trumpet was Practical Points.-Changes in the Law. 163 heard at a distance, and an unknown knight, I was annulled, in consequence of an agreement clothed from head to foot in black armour, between the bankrupt and his creditors, the with his vizor down, entered the lists, and latter consenting to receive a composition of signified to the heralds his desire to engage ten shillings in the pound, I am of opinion the successful champion. He declined to give that such an agreement between the bankrupt his name, but entered himself in the books and his creditors cannot affect the rights of of the heralds simply as Desdichado-the dis-other persons who are not parties to the arinherited knight bearing on his shield as a de-rangement, the bankrupt not being positive vice, what seemned a tree, brush, or besom that the issuing of a commission shall ensure plucked up by the roots. The Solicitor-Ge- as a complete discharge of the indentures neral, although not in strictness bound to ac- whereby an apprentice is bound to a bankrupt. cept this new challenge, declined to avail him- This is not a case in which I can order a referself of this excuse, and bad the black knight to ence to settle the compensation to be paid by come on and do his best. That doughty warrior, the master of the apprentice; for under the evidently one accustomed to battle, of lofty circumstances, I am at a loss to know what stature and sinewy frame, applied himself with compensation he could be entitled to. I think, vigour to the contest. The trumpets again however, that he should have the costs of the sounded a charge, and both knights rushed application." Allen v. Coster, 1 Bea. 274. like lightning to the centre of the lists, but wearied with his several contests, the SolicitorGeneral was no fit opponent to the disinherited knight, and he was unhorsed, though not with discredit. The black knight thereupon calling for a bowl of wine, and gracefully lowering his lance to the judges, opened the lower part of his vizor, and drank No MONOPOLY," then closing his vizor, rode out of the lists unattended, nor is it known to this day who he is. The result of this famous passage of arms is to leave matters pretty much as they were; the judges being of opinion, that although the Solicitor-General might have declined the challenge of the unknown knight, yet having accepted it, and having been unhorsed, he cannot be deemed the victor of the day. The cousequence will be, as far as we can learn, that the question must still be decided by the Court of Common Pleas. PRACTICAL POINTS OF GENERAL APPRENTICE. THE following case decides a new point, as we believe. CHANGES IN THE LAW IN THE LAST SESSION OF PARLIAMENT. No. XIX. HIGHWAY RATES. 2 & 3 Vict., c. 81. An Act to authorize for one year, and from 1. 5 & 6 W. 4, c. 50. Justices to inquire at special sessions for highways into the revenues and condition of the repairs of turnpike roads, and if necessary, to apportion a part of the highway rate to the trustees of any turnpike road. Whereas an act was passed in the fifth and sixth years of his late Majesty, intituled. "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," whereby divers statutes passed in the reign of his late Majesty King George the third, relating to the performance of statute duty, were repealed, and A fiat of bankruptcy issued against the mas- statute duty was thereby altogether abolished: ter of an apprentice, but was afterwards And whereas the revenues of some turnpike annulled, by means of a composition be- roads are so unequal to the charge and maintween the bankrupt and his creditors; and tenance of such roads, after paying the interit was held that the indentures of apprentice-est and principal of the sums due upon mortship were discharged. The Master of the gage of the tolls thereof, when deprived of the Rolls said: "I must order the indentures to be aid heretofore derived from statute duty, that delivered up to the guardian. It is not neces- it is necessary that some additional provision sary for me to decide whether any indentures be made for such roads for a limited period : of apprenticeship could, under the circum-Be it therefore enacted by the Queen's most exstances in this case, be sustained, for I am of cellent Majesty, by and with the advice and conopinion, that if the indentures of apprentice- sent of the Lords spiritual and temporal, and ship were originally valid, they became annulled commons, in this present Parliament assembled, by the issuing of the fiat in bankruptcy. I do and by the authority of the same, that it shall not say, that in every case where a fiat is after-be lawful for the justices at any special sessions wards annulled, the indentures of apprenticeship remain invalid, for I can conceive many cases in which the fiat may have been improperly taken out, and afterwards annulled, and in such a case, the Court would put the parties in the same situation as they were in before the issuing of the fiat. Here the fiat for the highways holden after the passing of this act, upon information exhibited before them by the clerk or treasurer of any turnpike trust that the funds of the said trust are wholly insufficient for the repair of the turnpike road within any parish, (notice in writing of such intended information having been previously N 2 164 Examination of Applicants for Admission as Solicitors in Chancery. given on the part of such clerk or treasurer | Provided always, that in case there shall not be time to give such notice as aforesaid before the next sessions to be holden after such or der, determination, or judgment, then and in every such case such appeal may be made to the justices at the next following sessions, who shall proceed to determine such appeal in manner aforesaid: Provided always, that it shall not be lawful for the appellant to be heard in support of such appeal unless such to the parish surveyor twenty-one days at least before such special sessions,) to examine the state of the revenues and debts of such turnpike trust, and to inquire into the state and condition of the repairs of the roads within the same, and also to ascertain the length of the roads including turnpike roads within such parish, and how much of such road is turnpike road; and if after such examination it shall appear to the said justices necessary or expe.notice and statement shall have been so given dient for the purposes of any turnpike road so to do, then to adjudge and order what portion (if any) of the rate or assessment levied or to be levied by virtue of the said recited act shall be paid by the said parish surveyor, and at what time or times, to the said commissioners or trustees, or to their treasurer or other offcer appointed by them in that behalf; such money to be wholly laid out in the actual repair of such part of such turnpike road as lies within the parish from which it was received. 2. If surveyor refuse to pay over rate or assessment, the same to be levied on his goods and chattels.-And be it enacted, that if any such parish surveyor shall refuse or neglect to pay over such portion of the said rate or assessment at the time or times and in the manner mentioned in the order of the said justices, the same shall and may be levied upon the goods and chattels of such surveyor, in such manner as penalties and forfeitures are by the said reeited act authorised to be levied. as aforesaid, nor on the hearing of such appeal to go into or give evidence of any other grounds of appeal than those set forth in such statement as aforesaid. 5. Limitation of act.-And be it enacted, that this act shall extend only to England. 6. Act may be amended.—And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of Parliament. 7. Term of act.-And be it enacted, that this act shall continue and be in force for one year from the passing hereof, and from thence until the end of the then next session of Parliament. EXAMINATION OF APPLICANTS FOR THE following notices of examination and 4. Power of appeal.-Provided always, and be it enacted, that if any person shall think himself aggrieved by any order, judgment, or determination made, or by any matter or thing done by any justices of the peace at any spe cial sessions in pursuance of this act, such person shall be at liberty to make his complaint thereof by appeal to the justices of the peace at the next general or quarter sessions of the That every person who has not previously peace to be held for the county, division or been admitted an attorney as aforesaida shall, place wherein the cause of such complaint before he be admitted to take the oath required shall arise, such appellant first giving to such to be taken by persons applying to be admitjustices ten days notice in writing of such ap-ted as solicitors as aforesaid, undergo an expeal, together with a statement in writing of the grounds of such appeal, within six days after such order, judgment, or determination shall be so made or given as aforesaid, who are hereby required, within forty-eight hours after the receipt of such notice, to return all proceedings whatever had before them respectively touching the matter of such appeal to the said justices at their general or quarter sessions aforesaid; and that in case of such appeal the said justices at the said quarter ses sions, upon due proof of such notice and statement having been given as aforesaid, shall hear and determine such appeal; and the said justices at the said quarter sessions shall have power to award such costs to the parties ap: pealing or appealed against as they the said justices shall think proper, such costs to be levied and recovered in the same manner as any penalties or forfeitures are recoverable under the said recited act; and no proceeding to be had or taken in pursuance of this act shall be quashed or vacated for want of form: amination touching his fitness and capacity to act as a solicitor of the said Court of Chancery; and that four of the sworn clerks of the Court of Chancery, and twelve solicitors of the same Court, to be appointed by the Master of the Rolls, on the twenty-eighth day of July in this present year, and on the first day of Easter Term in every succeeding year, shall be examiners for the purpose of examining and inquiring touching the fitness and capacity of every such applicant for admission as a solicitor; and that any five of the said examiners (one whereof to be one of such sworn clerks) shall be competent to conduct the examination of such applicant; and that one of the masters in ordinary of the said Court of Chancery shall be present and preside at the said examination, and shall, or shall not, take part in the said examination, as he shall in his discretion think fit; and that, if the said examiners, or the ma a Referring to the Superior Courts of Common Law. |