« EelmineJätka »
SIGNING JUDGMENT. LACHES.
SEDUCTION.-PARENT AND CHILO.-SERVICE.
Superior Courts : Queen's Bench; Exchequer.
415 not be entitled to a prohibition, because the there is ample time from five in the afternoon granting of a prohibition under such circum- until nine at night, to serve an order of this stances would be assuming that the Court description. But at all events it ought to be Christian would exceed its jurisdiction, and served before the opening of the oifice next set itself above the law; the enforcement of a morning, or rather in strictness, before the rate being clearly a proper subject for that time when the clerk of the opposite attorney Court, if such a rate was valid in point of law. would have to leave his office for the purpose On this last ground it seems to us the demurrer of being present at the opening of it at eleven. to this declaration must prevail. There must Then as to the affidavit of merits, it is insuffi. be cases in which the proper remedy is not by cient, for a man wight with a safe conscience, a prohibition, but by an appeal against the interpret the word "defence" to signify merely rate itself. We cannot assume, as of course, a denial. The defendant had better amend, that the Ecclesiastical Court will exceed its on the terms of pleading instantly and issujurisdiction. We must assume that it will pro-ably, and taking short notice of trial. perly administer the law under which it sits. Alderson, B.-With respect to the service of We adopt the doctrine of the case of Ex parte the order, it is requisite to have a somewhat Farmer.
rigid rule in these matters. The inconveGriffin v. Ellis and another, H. T. Q. B. nience would be great if parties were to be al. F J. 1838.
lowed time to consider whether they would
avail themselves of orders which they would @rchequer or Pleas.
perhaps ultimately abandon.
Gurney, B. concurred.
Leave to amend
on terins.-Kenney v. has been obtained, it ought to be served within a reasonable time after making it, or the opposite party may sign judgment.
In order to maintain an action for seduction it Couling shewed cause against a rule nisi for setting aside a judgment on various grounds.
must appear that the daughter was in the
actual serrice of the father at the time the It appeared from the affidavits that the plaintiff
alleged cause of action arose. having demurred to the defendant's plea, a summons was taken out for time to join in de. This was an action on the case for seduction, inurrer, which was attended by the opposite and the declaration alleged, that S. B. the inattorney; and Gurney, B., in the presence of fant and unmarried daughter of the plaintiff, them both, made an order for two day's time was a servant of the defendant by the consent for that purpose.
The order was made at of the plaintiff with the intention of returning half past four in the afternoon of the 22d to her father's house whenever she should quit January, and instructions were instantly given the defendant's employ, unless she obtained in the presence of the plaintiff's attorney to another service. That the said S. B. was before the judge's clerk to draw up the order, which &c. able and accustomed, and but for the griewas accordingly delivered by five. It was not vance &c. would bave continued to do and served, however, until between two and three perform domestic services, and by means o'clock on the following day, on the morning thereof to support herself without the aid of of which at half past eleven, judgment was her father while so in service, and to render signed by the plaintiff.
great assistance to her father as a domestic Cowling subunitted whether the defendant servant while with himn. It then stated the se. was bound under penalty in either case, of duction by the defendant, that she became having been deemed to bave waived the benefit pregnant &c., and thereby unable to perform of the order, to serve it before nine o'clock on any domestic services, and by reason thereof the evening of the day when it was made, or ceased to be the domestic servant of the defenbefore eleven on the following day. One day dant and returned to her father, and endeais always allowed to give notice of the dis-voured as much as in her lay to render honour' of a bill of exchange. The case of assistance as servant of her said father, but Chargev. Farhall, a seems to shew that the word was unable to do so by reason of her preg“fortbwith” is used in contradistinction to a nancy, and remained with her father till her delay of several days. In this particular case death of tbe sickness and pregnancy aforesaid, the plaintiff's attorney was present when the by means whereof the plaintiff froin the time order was made.
when she returned to his house, (she during Parke. B.-The attorney, it is true, may all that time being a poor person, an infant have been present at the making of the order, and unmarried, and not able to work) was but how can he know from that whether the forced to relieve and support his said daughter, opposite party will elect to draw up the order and expend a large sum of inoney about nursand serve it or not? The real question is, ing his said daughter, and was also deprived what is a reasonable time to allow him to during all that tiine of her services, &c. There make that election? When the parties live was a demurrer to this declaration, on the within any reasonable distance of each other, ground that the action would not lie, it not 416 Superior Courts; Exchequer : Law Bills in Parliament : Editor's Letter Bos.
appearing that the daughter was in the service o 15 L. Q. 268; 1 Will. Woll. & Hod. 19. of the plaintiff at the time of the seduction by * 4 B. & C. 685; 7 D. & R. 422.
Alexander supported the declartion and con- 1 To extend the Terın of Copyright in Designs tended, that although it was formerly consi- of woven Fabrics.
Mr. E. Tennant. dered indispensable to the maintenance of this [ln Committee.] furin of action to shew acts of service done by to carry into effect the Recommendation of the child for the parent. it is now laid down to the Ecclesiastical Commissioners. be unnecessary to produce any proof of dis
Lord J. Russell. tinct service.
To extend Freemen and Burgesses' Right of Parke, B.--Still a constructive service must Election.
Mr. F. nelly. be shewn in all cases. The law has been long Drainage of Lands.
Mr. Handley. settled so, and there is an express decision of
[ln Committee.] Littledale, J. in Maunder v. Venn,a to that To amend Tithes Coinmuta!ion Act. effect.
[For third reading.) Sir. E. Kinatchbull. Alexander.—That is so here, for it is ex- Small Debt Courts for pressly averred that this girl left her father's
Marylebone, house on an express understanding between
Tavistock, thew that she was to return there on her leaving Bolton,
Newton Abbott, service.
Liverpool, Wakefield Mapor. Purke, B.—That averment was evidently Summary Conviction of Juvenile Offenders. inserted with the view of shewing an animus
Sir E. Wilmot. revertendi in the party, and to assimilate the To amend ihe County Constabulary Act. case to those where actions have been held to
Mr. P. Maule. lie for the seduction of a child while on a visit To amend the Laws of Turnpike Trusts, and to a friend. But there is this difference
to allow Unions.
Mr. Mackinnon. between the cases, that here, the girl is in ac- Prisons Act Amendinent. · tual service of another person, and it is only
[In Counnittee.] in the event of her not going into another, To consolidate and amend the Law of Sewers. that she has any intention of returning to her
(For second reading.) father. That an action will not lie under such To give Suinmary Protection tu persons emcircumstances, there can be no doubi, as the
ployed in the publication of Parliamentary point has been expressly decided in Dean v.
Papers. (For 3d reading.) Lord J. Russell. Peel.b In order to sustain an action of this kind, two things are necessary, damnum et in. juria. The plaintit not having shewn any THE EDITOR'S LETTER BOX. right to the services of his daughter, there is bere damnum absque injuria.
In this number we have made some exer. Alderson, B.—This very point was once de- tiou to put our readers in possession of a full cided in a case in which I was concerued at account of the two great measures of legal reNewcastle in 1819.
form of the present session; the Lord ChanJudyinent for defendant.—Blumire v. Haley, cellor’s Bill" for the reform of the Equity H. T. 1810. Exch.
Courts, and of the Judicial Committee of the
Enfranchiseinent Bill. We have done this at LIST OF LAW BILLS IN PARLIA- greater length than usual, because we believe MENT, WITH NOTES,
that we shall thus place before them the only
bills of importance, which are likely to be in. House of Lords.
troduced in the present session. The bill for Copyholds Enfranchisement. Ld. Brougham. the Recovery of Swall Debts, is deferred until [lu Select Committee.]
after the presentation of the Report of the Frivolous Suits Act ainendinent, touching costs. Baukruptcy Commissioners, and we under
[For second reading.] Lord Denınan. stand there is no probability of this being done Rated Jobabilants Evideuce.
in time for its recommendations being acted [In Committee.]
on immedlately. Vagrants' Removal.
We think * A Constant Reader," should [For third reading.)
submit his case to the Examiners.. Brighton Small Debts Court.
“A Law Student” is informed that a con[Passed.]
veyancer, practising under the bar, may be For facilitating the Adwinistration of Justice. called to the bar if he has kept twelve terms.
[For second reading, see the bill p. 387, As to the fees, we must reter bim to the Subante.]
Lord Chancellor. treasurer of the society to which he belongs. For the coinmutation of Manorial Rights. The letters of “A Country Articled Clerk;"
Lord Redesdale. / T. H.; “ Vindex;" H. R. ; “ Ebor;" “A (For second reading, sce the bill, p. 393, Country Reader," and " Civis ;" with several ante)
Suggestions on Chancery Reforin, have been
received. House of Commons.
A correspondent is informed that there can To amend the Law of Copyright.
he no alteration in the colomencement of [In. Comınittee.] Mr. Serjt. Talfourd. Easter Terin. The four Easter holidays fall
ing within it, on which the Courts will not sit, M. & M. 323.
b 5 East, 45. prolong the term till the 13th May.
The Legal Observer, .
SATURDAY, MARCH 28, 1840.
Quod magis ad nos
THE REGISTERS CF DEEDS FOR of memorials, and preparing alphabetical THE COUNTY OF MIDDLESEX.
indexes and books of reference, have aver
aged about 8501., leaving 20001. surplus. We have, ever since we have been in exist- This balance of fees is divided in equal proence (now approaching to a period of ten portions among the four registers, subject years), from time to time called attention to a deduction of a salary of 501. a year for to the state of the Register's Office in the a deputy register. Now we have never County of Middlesex. We have inserted objected to paying all public officers well, various complaints respecting the mode in where they have responsible duties to perwbich its business was conducted; the form. Let us see, therefore, what these number of holidays kept, the improper fees gentlemen do for their 5001. per annum, demanded, the insufficient attendance, and and this appears in the following paragraph the delay which takes place in passing deeds of the return :- -“ The registers have been through the office. In the beginning of accustomed, at different times, to perform the present session, Mr. Hayter, the member the duties required of them by the act of for Wells, moved for returns of the amount 7 Anne; and have invariably attended, one of fees received since 1824, and the actual or other of them, to examine and audit the expenses of the office; the number of holi- quarterly accounts." We cannot quite undays, exclusive of Sundays, kept in the derstand this, but there appears to us to be year; the hours of attendance, and what a quiet humour about this answer, which is duties are performed by the register in worthy of notice. In other words we preperson; the rate of fees demanded in the sume it to mean this ; “ We do someyears, 1822, 1823, and 1824; the number times attend; we can't exactly say when, of deeds, and memorials relating to such but one of us is always present at quarterdeeds, left at the Register's Office during day. We never miss that, you may rely the months of November and December, on it. Our deputy register is there on all 1839, and when such deeds were ready to days, except holidays and Mondays, for be returned, and when such memorials were which we give him a snug 501. per annum; respectively entered in the books of the and we make a point of coming four times Register Office.
a-year to receive the other 4501.” As, These returns have now been made, and therefore, the registers have not told us of we shall print them in a subsequent part of any other duty but this performed “in perour work (see post, p. 440); but we shall son,” we presume this is, in fact, all that also make a few remarks, as they appear to they do; and we must say that they have us to make out a clear case for some further a very pleasant time of it. steps being taken in the matter.
We now come to the work done by the Of late there seems to have been some deputy registers, and we admit-considering falling off in the amount of the fees re- what he receives—it is rather hard to expect ceived; but for the last ten years the re- that he will do a great deal. And first, as ceipts have averaged about 28501. The to the mode of charging the fees. By the expenses of the office, which include rent, statute of Anne (7 Ann. c. 20, s. 11), the taxes, repairs, clerk's salaries, copying register shall be allowed for the entry of POL, XIX.-N0. 581.
The Registers of Deeds for the County of Middleser. every memorial 1s., and no more, in case deputy register attends. We need not the same do not exceed 200 words; but if ask how many hours the registers attend in it exceed 200 words, then after the rate person, because they have already told us of 6d. a hundred for all the words contained that they attend four times a-year, on quarter in such memorial over and and above the day. This alteration, however, it seems first 200 words. The fees, however, ac- was made with a view to the accommodacording to the return, demanded and re- tion of the solicitors attending the office, ceived, are for memorials of the length of " and apparently,” say the registers, “exseven folios, or 500 words, 78 ; and beyond cept to a few captious persons, gives general that length, 6d. for every 100 additional satisfaction, the days of non-attendance of words. Now it seems quite clear that for the register being now defined, instead of a memorial of 500 words the register is uncertain, as heretofore.” But why were only entitled under the act to the sum of they uncertain ? By the act, they are ex28. 6d. ; that is, Is. for the first 200 words, pressly defined, and the register was to and 6d. for every other 100 words, making attend for six hours every day for the dis28, 6d. The registers attempt to support patch of all business. Instead of which this departure from the fees ordered to be they ingeniously excuse their present neg. taken by the act, by saying that it is in lect by referring to their former neglect as pursuance of an arrangement made between being worse Whether the present attendthem and attorneys at the time, and that it ance is better or worse than the former, we has existed for 72 years, which reasons, as do not know; but we do know that both we think, are insufficient.
are contrary to the act of parliament. Next as to the holidays kept in the office. We can only say in conclusion, that this In 1825 these amounted to no less than 39. return appears to us fully to justify the In 1839 they were reduced to 19; but we complaints which have been made against do not know any good reason why the the Register's Office, and that the matter Register Office should not be open all the should not rest here, but that the inquiry year round, except on Sundays, Christmas should be pursued, and a proper remedy Day, and Good Friday.
applied. But the hours of attendance at the office are, perhaps, the most serious grievance of all. By sect. 12 of this act, the register
CHANCERY REFORM. is to give due attendance at his office every day in the week (except Sundays and holi- In our last Number, we laid before our days) between the hours of nine and twelve readers the Lord Chancellor's Bill for the in the forenoon, and two and five in the improvement of the administration of jusafternoon, for the dispatch of all business tice, and endeavoured to direet the feeling belonging to the office, that is, six hours in favour of Chancery Reform into the every day. Now how is this complied with proper channel. As far as we are able to “The hours of attendance," says the re-collect, in giving a general approbation of turn, are from ten to three on each day, the measure as an instalment in this great by the clerks. The register's or deputy's at- work, we spoke the sentiments of the pro. tendance is from eleven to one, except on fession. There may be parts of the bill Mondays ; but the office is open on this day which may be modified with propriety, likewise for the general purposes of busi- but as a whole, as a means of disposing of ness, only that parties cannot be sworn as to the existing arrear, and of keeping it down the due execution of the memorials and the for the future, we are of opinion, considerdeeds to which they refer, as this can only ing all the difficulties of the subject, that be effected whilst a register or deputy is no better plan can be carried into execution. sitting.” Thus, first one hour's attendance The only part of the scheme to which we is struck off per day for the whole business have heard any serious objection, is the of the office ; then Monday is made a dies taking away the Master of the Rolls from non for the registers and their deputies ; next his own Court for some portion of the year, the hours for attendance by them on the and placing him as Vice President of the other days of the week is diminished from Privy Council. If this tends materially to six to two; and when we consider there render the Rolls a less efficient Court than are four registers besides deputies, before at present, it is undoubtedly open to great any one of whom the parties, according to doubt; still it is to be remembered that the return, may be sworn, we should like to former Masters of the Rolls have frequently know how many hours per week even each presided in the Privy Council, and that it is Chancery Reform.- Parties in Suits by Joint Stock Companies.
419 difficult to find any other Judges so eligible meant, in good part, and that they may for the Vice Presidency. We agree, how- have the effect we intend. ever, that this part of the plan requires We shall now shortly advert to the resofurther consideration.
lutions themselves, which will be found in While this Bill has been brought in, in a subsequent part of this Number. They the House of Lords, a slight movement has do not appear to us to contain much, if any also been made in the House of Commons. novelty. Sir Edward would abolish the Sir Edward Sugden has for some time Court of Review, and so would we, but surely shewed a desire to deliver his sentiments having existed thus long, it is better before on the subject of Chancery Reform. After taking any step, to have the report of the some previous postponements, he gave a Bankruptcy Commissioners. He would also formal notice on the subject for Thursday remodel the Judicial Committee of the Privy the 19th of this month. It so happened, Counsel, and make some alterations in the however, that Sir Edward was not in his mode of hearing causes and appeals in the place when he was called on by the Speaker Court of Chancery, and these propositions to bring on his motion, and that inexorable may be well discussed when the Lord ChanJudge declined to depart from the usual rules cellor's Bill reaches the House of Commons. of the House in his favour, and his opinion We conceive, however, that the main obwas confirmed by the House. Sir Edward, ject of these resolutions is to assert the although thus baulked of his speech, was opinion that no step should be taken in the determined to be delivered of his proposed reform of the Courts of Equity, before replan ; in this, reminding us of Pope's dis- forming the appellate jurisdiction of the appointed poet –
House of Lords; and if so, we respectfully “Fird that the House rejects hiin, ''Sdeath beg to differ from this opinion. The reI'll print it,
form of the appellate jurisdiction must al. “ And shame the rogues.'”
ways be a work of great difficulty. The And he has accordingly printed a series of Lords are tenacious of their privileges, and resolutions, which accompany the votes of nothing but a case of great urgency will the House, and contains his opinions on the ever induce them to abandon them. The subject of the necessary reforms, as well in most pressing grievance is undoubtedly the the Court of Chancery as the Court of great arrear of original business in the Bankruptcy, and in the House of Lords. Court of Chancery; and if we can get noThese opinions deserve much attention and thing else this session, let us at any rate respect; we cannot however but regret gain a tribunal for disposing of this. that Sir Edward Sugden deprives these and others which he holds, of much of their
PARTIES IN SUITS BY JOINT weight by the petulance and over-confidence with which he frequently asserts
STOCK COMPANIES. them. He is undoubtedly an eminent lawyer, but there are other eminent lawyers in In our eleventh volume, pp. 507-509, the House, as high in station, learning, and collected the cases as to where it is, and character as himself, and whose opinions as where it is not, necessary to make all the statesmen stand much higher. We venture shareholders of a joint stock company, parto make these remarks, with the sincere de- ties to a suit in which they are concerned, sire that they may be taken as they are and we laid down the rule to be, from those
cases, * that where there is plainly a coma Sir Edward had left the House to avoid munity of interest between all the share. voting on a question which, he says, he did holders, there a few persons may sue on beput understand. Alas! If other members were half of the whole ; but where there is a equally nice, we fear that the division lists diversity of interest, then all the members would be much reduced in nuinber. We conceive, however, the true rule to be that a mem- however, that the latter part of this rule
It would seem,
may be made parties. ber is not supposed to be acquainted with all the various matters which come before him in his will be relaxed in certain cases where the legislatorial capacity. He must trust, in many circumstances of the case require it. In points, in a great ineasure to others, and to the case of Mare v. Malachy,b a bill was ibeir correct knowledge of the circumstances, and in dependence on that, may vote with a a Lloyd v. Loaming, 6 Ves. 773 ; Gray v: safe conscience. A inember, who should be Chaplin, 2 Sim. & Stu. 267; Small v. Attwood, acquainted with all the subjects brought be- Rounge, 459; Blair v. Agar, I Sim. 37, Evans sore Parliament, must indeed be a wonderful v. Stokes, 1 Kcen, 24. man!
b | Myl. & C. 559.