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Public Meeting, 450
263, 330, 407
Market Overt, 499
Judges' orders to stay, 263
Legal Debating Societies, 402, 502
Restraint on Alienation, 408
MISCELLANEOUS ARTICLES :
Striking off the Roll, 145
Horatio Luckless, 51
Queen's Marriage, 65
Opposing Admission, (Ireland) 403
The Special Commission for Trials for
Approaching Session of Parliament, 113
New Civil List, 115
Observations on the Examination, 4, 58, Unpopularity and Character of Attorneys,
Candidates passed, 90, 280
Business of House of Commons, 290
Legal Chronology, 345
Applicants for Admission in Chancery, REMARKABLE Trial:
Case of Frost for Treason, 241
Government Solicitors, 329
RE-ADMISSION OF ATTORNEYS, 25, 212, 484
THE STUDENT'S CORNER:
LONDON UNIVERSITY EXAMINATIONS, 327,
Joint Stock Company, 280
United Law CLERKS' Society, 23
Lists of New PubliCATIONS, each Monthly
Lien on Cattle, 315, 404
List of SHERIFFS, UNDERSHERIFFS, &c., 361
COMMUNICATIONS AND CORRESPONDENCE :
Law Library for Students, 106, 169 The Editor's LETTER Box, end of each No.
The Legal Observer,
SATURDAY, NOVEMBER 2, 1839.
Quod magis ad NOS
ber of Six Clerks. The same fees are CHANCERY REFORM.
still paid, to an enormous amount, for office copies; and the old practice preserved of
conducting the proceedings through the No. I.
agency of clerks in Court; thus giving the THE SIX CLERKS' OFFICE.
suitor two persons to pay instead of one. We do not know that we can commence
Anciently the proceedings in all the Comthe labours of a new legal session with a the same manner as they now are in Chan
mon Law Courts were carried on in much subject more generally interesting, both to the public and profession, than that of cery, by a limited number of clerks in
court, or side clerks; and the attorneys Chancery Reform. The coming year must be a memorable one in its history. The (the proper agents of the parties) could government is pledged to bring their scheme only act by means of these clerks. In the forward-the opposition to cease to be an
King's Bench and Common Pleas these opposition on this question. All parties in and the attorneys “at large," as they were
'middle men” were long ago got rid of; the state demand that justice shall be done to the suitor in equity.
called, were enabled to transact the business One great griev
of their clients without this incumbrance. ance, perhaps the greatest—the arrear of
On the Common Law side of the Court of causes waiting for a hearing—we have repeatedly laid before our readers. We need still does in Equity) till the year 1830,
Exchequer the old system continued (as it not re-open this wound in the present when it was abolished by the Administranumber. A little further on will be found the actual list of causes; which amount a The Chancery Commissioners, by no to no less a number than 765, and 109 means impatient or sweeping law reformers, abated or standing over. These open admit the uselessness of the Six Clerks. “We their “dumb mouths" sufficiently on the cannot think there is sufficient occasion for present occasion. We turn rather to some
six persons in this office, or that the suitors other sources of delay and expense, which therein. But we are of opinion, that these
derive adequate benefit from the fees paid do not lie so immediately on the surface, oficers may, under new regulations, be embut which much impede the progress of a ployed most usefully for the public in the cause both before and after hearing. We discharge of the duiy in taxing costs, from shall bring before our readers, in turn, the which it is, upon many accounts, desirable to various offices connected with the Court of relieve the Masters.” Report of Chancery Chancery; and we shall commence with
Coininissioners (1826), p. 33. By the Chan
cery Regulation Act, 3 & 4 W. 4, c. 94, s. 28, THE SIX CLERKS' OFFICE.
the number is reduced to two, but no additional
duty is given them. We say with Regan, in It is not a little singular, amidst so many this instance, “What needs one?" As to changes in the Courts both of Law and einpowering them to tax costs, we admit that Equity, that the Six Clerks' Office should the present mode of taxation is highly unsatisremain on its ancient footing, with the ex
factory, but we shall venture to propose our
remedy for this in our next article on this ception only of the reduction of the num
subject. VOL. XIX.--N0. 556.
LEASE TO AN ALIEN ARTIFICER.
Chancery Reform: Six Clerk's OfficeThe Property Lawyer. tion of Justice Act, 1 W. 4, c. 70, and the fashion of assimilating the mode of every attorney is now allowed to practise procedure in our various tribunals will be in his own name. The advantage of the extended to the Court of Chancery. The alteration has been manifested by the vast recent consolidation of the officers of the increase of the business of that Court, which three Common Law Courts under Mr. Serwas formerly despatched in an hour's sit-jeant Goulburn's Act, 1 Vict. c. 30, is an ting, and now exceeds that of the Common instance of the change to which we refer, Pleas.
and we would gladly see it extended to the It is, then, surely worthy of inquiry why Courts of Chancery, by the entire abolition the suitors of the Court of Chancery should of this office. still be “incumbered with the help ” of clerks in Court, whose fees for office copies and nominal attendances form a very THE PROPERTY LAWYER. large part of the costs of a suit, and not unfrequently operate as a denial of justice, by swelling the expenses to an amount which cannot be borne where the property LORD Coke says "if an alien take a lease is of moderate extent.
for years, of lands, meadows, &c., upon There can be no good reason why a suit office found, the king shall have it. But of in Chancery should not be carried on in the a house for habitation he may take a lease same way as an action at law. After a for years, as incident to commerce, for subpæna has been issued compelling the without habitation he cannot merchandize defendant's appearance, why should not the or trade,” Co. Litt. 2, b. Mr. Hargrave plaintiff be at liberty to prepare his bill and adds to this, “but 32 H, 8, c. 16, s. 13, deliver a copy to the opposite solicitor, as a makes void all leases of houses or shops to declaration is delivered at Common Law ? an alien being an artificer or handicraftsman. and why should not the defendant deliver his This law, however contrary it may seem to plea or demurrer in the same manner? good policy and the spirit of commerce, An answer must of course be filed for safe still remains unrepealed, but in favour of custody, but a copy might be delivered to aliens it has been construed very strictly,” the solicitor, and thus both time and ex- n. (7.) Blackstone, however, considers this pense be saved. The subsequent proceed- statute repealed. In his second volume he ings might be conducted in a similar man. lays it down without any qualification, that
an alien" can hold nothing except a lease for It was formerly supposed that the Clerks years of a house for convenience of merchanin Court were peculiarly valuable officers, dize in case he be an alien friend,” p. 293; from their knowledge of the practice of the and in vol. 1, he
says, “aliens also may trade Court, which was not clearly or fully stated as freely as other people, only they are in the books. It was said that the solici- subject to certain higher duties at the Custors were not well acquainted with its tom House (now entirely done away with details, and as they could always obtain by 24 Geo. 3, sess. 2, c. 16,) and there are ready information from such oracles as the also some obsolete statutes of Hen. 8, prolate Mr. Shaddick, Mr. Jackson, and others, hibiting alien artificers to work for themthey troubled themselves little about it. selves in the kingdom, but it is generally However that might be in former times, held that they were virtually repealed by the extensive alterations effected by the statute 5 Eliz. c. 7,” p. 372. On this Mr. Chancery Regulation Act, 3 & 4 W. 4, Stewart says, but there does not seem any c. 94, and by the various New Orders of other authority for this but Blackstone's, Court, have destroyed that traditionary 1 Woodes. Lec. 273, n. 1.” Rights of Perknowledge of practice which was previously sons, p. 396. In a very recent case, the to be sought in the Six Clerk's Office, and stat. of 32 Hen. 8, has been treated by the the solicitors may now read the orders, and Court of King's Bench as in force. An the books of practice founded on them, for alien artificer took possession of a dwelling themselves, and readily learn the details of house, under an agreement in writing, which practice. The coming generation of soli- provided for the granting of a future lease, citors especially, are compelled by the ex- and it was held that this being illegal under amination to make themselves in some | 32 Hen. 8, c. 16, the lessor might enter at degree acquainted with their practical any time and eject the tenant, although the duties in Courts of Equity. The time instrument did not amount to a lease. Lord therefore, we think, is approaching, when Denman, C. J., said, “It appears to me
Practical Points of General Interest.-Michaelmas Term Examination. 3 very questionable whether this instrument MICHAEL MAS TERM amounts to a lease, and whether the land
Ε Χ Α Μ Ι Ν Α Τ ΙΟ Ν. lord had expressed any determination of the tenancy at will, so as to authorize him to We are informed that the following is the enter. But it is averred in the plea that state of the List of Candidates for the the plaintiff took and continued in posses- approaching Examination :sion of the dwelling house on the faith and
By the printed list of notices of terms of the agreement, with the view and
admission, it appears that the intention to carry it into effect. Now, as
number intending to apply is ... 166 the agreement was unlawful, the possession
But of these many have been already under it was also unlawful, and therefore
examined and obtained certificates the defendant was justified in making the
of approval, viz.
20 entry in the manner pointed out in the plea." Lapierre v. M'c Intosh, i Per. &
146 Davidson, 629. In the argument it was
Among these there are also a few not contended that this statute was repealed.
who, though they have given The passages in Coke and Blackstone must notice of admission, have omitted now, therefore, be read with the qualifica
to give notice of examination, tion imposed by the stat, of 32 Hen. 8. As namely ....
5 to what an alien may take, see further, 18 L. 0. 387.
141 To which number is to be added
those who have given examinaPRACTICAL POINTS OF GENERAL
tion but not admission notices ... 7 INTEREST.
Making the total number to be
148 A GAMING contract should not be encouraged
A considerable per centage is, however, if it has a dangerous tendency. Thus a to be deducted for illness, accidents, and wager between voters at an election as to other causes of absence; but even if 120 or the result of the poll, is illegal. Allen v. 130 should attend, we think our readers Hearne, 1 T. R. 56. So is a wager that one will agree with us that they will be amply of the parties would not marry within a sufficient to make up for those who died specified number of years. Hartley v, Rice, since last Term, or have made their for10 East. 22; also, a wager on the duration tunes, or retired for other good causes and of the life of Napoleon Buonaparte. Gil- considerations. bert v. Sykes, 16 East. 150; or on the sex of Though we do not hear that the Questhe Chevalier D'Eon, Da Costa v. Jones, tions will be more difficult than usual, we Cowper, 722. See other cases collected as to think it may be anticipated that either now what wagers are legal or illegal, 14 L. O. or at no distant time the Examiners will 53; and 13 L. 0.51. The last case on expect the Answers to be more complete this point, is that of Evans v. Jones, 5 Mee. than in the early progress of the plan was & Wels. 77, in wbich it was held that a expected. We recommend, therefore, the wager as to the conviction or acquittal of a Candidates to do their best, and not at. prisoner on trial on a criminal charge is tempt to distinguish themselves by a hasty illegal, as being against public policy. In consideration of the Questions for an hour the argument, it was attempted to class or two only. wagers into two classes; wagers, which a Judge may refuse to try, as in Thorton v. On this subject, we trust we do not go Thackeray; 2 Y. & J. 156; and wagers out of our way in noticing the Third Ediwhich are held illegal as being against tion of the Articled Clerk's Manual, just public policy, but the first class of cases is published; in the advertisement to which it exploded, per Lord Abinger, C. B.; and is stated that “ this edition contains the Parke, B., said “ The Judge is bound to whole of the Questions put' at the Examitry them at some time, though he may nations, from their commencement in 1836, postpone them until after cases of more to Trinity Term last. We need hardly point importance have been tried.” It is to be out to the Student the advantage of famiobserved that in Jones v. Randall, Cowp. liarising himself with all these Questions, 17, a wager upon the cvent of a suit at some of which must occur at every subselaw has been held to be legal.
Notices of New Books. – Practice under the Imprisonment for Debt Act.
NOTICES OF NEW BOOKS. his amount of labor to some reasonable
bounds. We are not in favour of the hopeThe Hand-Book, being a Guide to the Chan- less attempt at forming a Code of our Com
cery Judges' Opinions of the Peculiarities mon Law, but we think something useful and Faults of the various Decisions and may be done in throwing aside a large mass Reports in Chancery, Bankruptcy, and of reported cases which are of doubtful Parliament, both English and Irish, with authority, and thus narrowing the field of Subjects and Inder. By George Farren, legal research. jun., Esq., Chancery Barrister of Lincoln's Inn, Author of “A Key to the Statutes ;" "A Statute made easy ;" PRACTICE UNDER THE IMPRISON“ Guide to the Statutes at Large.” Lon
MENT FOR DEBT ACT. don : Richards & Co., 1839.
Sir, This is a book of great labour and utility. A difference of opinion existing as to the “ It often happens (says Mr. Farren) in practice where a defendant is arrested by the the rapidity of argument in Court, or in the Judge's order under the Imprisonment for
Debt Act, will you have the kindness to find hurry of business, that cases are cited and
room in your Journal for the following, when carry the judgment, of which cases it can, perhaps one of your correspondents will take not be supposed that the opposing Counsel the trouble of giving his view of the matter. or the Judge is at the moment aware how In the first place, one side of the question far they have been overruled or shaken ; urged, that in the event of a defendant being and this little Treatise is intended as a arrested, the declaration must be worded in Hand-Book, which being in the Advocate's the old form, (...) " who has been arrested, bag, or at hand, enables him at once, when that in the event of the defendant absconding,
," and argued in defence of their position, a case is cited, (by reference merely to the it is necessary in order to enable the plaintiff name, as in a pocket dictionary) to see how to proceed against the bail, that it should aphe is to deal with such cases when shot off pear on the record, that it is a bailable action, against him: so also at consultation; so as the Court in any proceeding against them also in more deliberate business at cham. I will only look at the record. bers.”
In answer to that, it is submitted that there We think Mr. Farren has carried his de- that the writ of capias cannot be considered a
is now no such thing as a bailable action : sign into effect in a concise and very con primary writ (inasmuch as it cannot be issued venient method. He has arranged his in the first instance) but only in the light of an materials in three columns. The 1st con- interlocutory proceeding, and that when the tains the subject-matter of the case reported, purpose for which it issued is answered, it falls as “ Partition;" “ Waste;” the 2d column to the ground. 2dly, That as the record must states the name of the objectionable case
in all cases agree with the declaration, and as with the usual reference to the reporter ; of the proceeding before final judgment (see
the writ of capias may be issued in any stage and the 3d, gives the name and reference 5th section of the act), supposing the writ to to the case and reporter, and the precise be issued after declaration, and the action be page where the judicial objection is ex. defended, it must either appear on the record pressed.
that the defendant "was summoned by virtue We have had frequent occasion to no. of a writ issued, &c.” referring to the writ of tice the delay in publishing the Law Re. summons; or the declaration must be amended, ports, the great length to which the details which would be making the writ of capius ap
pear the commencement of the action, which of facts and documents unnecessarily ex- by the act it clearly never can be (see sect 2); tend, and the evil of having various contem- and 3dly, that the Court will not confine them. poraneous reports. Mr. Farren has shewn selves to the record, but that the bail-piece as that in addition to these grievances, there filed is sufficient evidence of the defendant is yet another: namely, the “Errors of having been held to bail, and delivered to them Reporters.” In almost every page of his as his bail. Work, he notices several errors in the re
It is also urged on one side, that immediately
on special bail being put in and perfected, the cent as well as the early Reports. We plaintiff is at liberty to deliver declaration, must not enter upon a statement of these &c.; but on the other it is submitted, that as
uncertainties of the law ;' but Mr. Far-by the 2d section of the acf all actions are diren's industry tends to prove the importance rected to be commenced by writ of summons, of a measure, which we recommended for the defendant must first be served with a copy of consolidating or digesting the Lex non scrip: being in a diferent county, that another must
the writ of summons, or in the event of that (a, so far at least as would have the effect of be issued and served, and an appearance enrelieving the practitioner from consulting tered for him (see stat.) or otherwise, before various conflicting authorities, and reducing the plaintiff can declare.