APPLICATIONS TO MASTERS IN sent. CHANCERY. THE feeling that Masters in Chancery should sit in public seems to gain ground; but whatever doubt may be entertained as to this, there can be none that the office might be more efficiently discharged than at preAs it now exists, the evil is that it greatly depends on the personal habits of the individual who holds it, whether the Master really fulfils the purposes for which he is appointed. If he be willing to work, we grant that there is no cause to complain; but if he be unwilling, how is it then? We are afraid that the Master, if so disposed, may do very little indeed. We mean nothing personal or invidious, but we complain that an important judicial office should be constituted so indulgently to the weakness of human nature. Master of the Court of Chancery or Exchequer, who is to report on such proposal. may The second billa is "A Bill for improving the condition of Grammar Schools," by which a summary process is intended to be provided, whereby parties connected with schools frame new statutes and submit them for the approval of the Court of Chancery; and the mode of submitting them is to be as follows: the Lord Chancellor is to select and appoint one of the Masters of the Court, to consider all new statutes, and all schemes connected therewith, and also a secretary for grammar schools," who shall communicate with such Master. The governors are to transmit the proposed statutes, with a report of the circumstances, to the secretary, and the secretary is to prepare a statement from the reports of the commissioners and other documents, to lay before the Master, and to carry on the correspondence; and the Master is to proceed to the consideration thereof, and to make his report on every case to the Court of Chancery, in the same manner as if the same had been referred to him by an order or decree of the Court made in any cause or matter therein pending, and in such report he shall approve of the proposed statutes or scheme with or without variation, unless he shall be of opinion that in consequence of the intricacy of the circumstances, it cannot be satisfactorily determined in a summary way, in which case he shall so wise direct, no parties shall appear before the owners of settled estates to defray the report; and unless the Master shall otherexpense of draining the same," which pro-him by counsel or solicitor, or otherwise, poses, as amended by the Select Committee, that any tenant for life may apply by petition to the Court of Chancery or Exchequer for leave to make permanent improvements in the lands by draining the same, and such petition shall be referred to a every 584. We are the more induced to make this remark, as we are disposed rather to increase the duties of the Master than to decrease them. We are quite satisfied that many matters might be referred to them in the first instance with great advantage to the suitor; and that this opinion is entertained by the legislature, appears from several recent circumstances. There are now two bills before the House of Commons, in which the Master is intended to be rendered available in this way. The first of these is "A Bill to enable VOL. XIX.-NO. than by the said secretary for grammar 466 Masters in Chancery.-Practical Points of General Interest.-Liability of Attorneys. estates. pass in its present shape. We merely no-person who furnished her with the poison tice them to show that a feeling exists to for that purpose will, if absent when she render the Master's Court a Court of the took it, be an accessary before the fact. first instance," in which, we believe, it might But a person cannot be tried for inciting in many common cases be made serviceable. another to commit suicide, although that An illustration of this was given very recently other commit the suicide. This was held in the House of Commons on a debate on in the following case:-The indictment the expense of appointing trustees to charity charged that Ann Burton murdered herself These, it was suggested, might by poisoning herself with arsenic, and that be well appointed by the Master on a sim- the prisoner did feloniously incite and prople reference to him, he calling for the cure the said Ann Burton the said felony opinion of the Court where it was neces- and murder to do and commit. Alderson, sary. But we do not think it is necessary to B. (to the jury.)-You have no authority have any "secretary for grammar schools," to inquire into this charge; this is a case or other such functionary as this. We much of suicide, and the prisoner is charged with prefer, and we think the public would prefer, inciting it; that is a case that by law we the service of the responsible legal agents cannot try. The prisoner must be acquitted. of the parties, viz. solicitors and counsel. Verdict-Not guilty. Reg. v. Leddington, However much they may be undervalued by 9 C. & P. 79. some, we would much rather trust to their watchfulness, learning, and honesty, than to the chance of service from any paid or unpaid functionary. But we think with their assistance, the Master being employed at first, instead of at last, might save much unnecessary expense and delay. We have just received the returns ordered by the House of Commons as to the matter; and shall advert to them in our next number. LIABILITY OF ATTORNEYS TO SERVE AS JURYMEN ON CORONER'S INQUESTS. THE act 6 Geo. 4, c. 50, for consolidating and amending the laws relative to jurors and juries, fixes the age and qualification of persons, "liable to serve on juries for the PRACTICAL POINTS OF GENERAL trial of all issues joined in any of the King's INTEREST. INCITING TO SUICIDE. Courts of Record at Westminster, and in the superior Courts, both civil and criminal, &c. and in all Courts of Assize, Nisi Prius, Oyer and Terminer, and Gaol Delivery." The 2d section exempts, amongst others, all attorneys, solicitors, and proctors, duly admitted in any Court of Law or Equity, or of Ecclesiastical or Admiralty jurisdiction, in which attorneys, solicitors, and proctors have usually been admitted, actually praetising, and having duly taken out their annual certificates." IN our sixteenth volume, p. 491, we collected the cases relating to consenting to suicide," and according to them Mr. Justice Patteson laid down the law to be that supposing parties mutually agreed to commit suicide, and one only accomplished that object, the survivor would be guilty of murder in point of law. Regina v. Alison, 8 C. & | P. 418; 16 L. O. 492. In the case of Rex v. Then the 52d section enacts, that no Russell, M. C. C. 356, it was held by the fif-person shall be liable to be impannelled as teen Judges, that an accessary before the fact a juror, &c. upon any inquest, &c. by virtue to the crime of self-murder was not triable of any writ of inquiry, &c. who shall not be at common law, because the principle could qualified to serve on trials at Nisi Prius: not be tried, and that he is not now triable for a substantial felony under the statute of 7 Geo. 4, c. 64, s. 9, as that statute was to be considered as extending to those persons only who, before the statute, were liable either with or after the principal, and not to make those liable who before could never have been tried. And it was also held, that if a woman takes poison with intent to procure a miscarriage, and dies of it, she is guilty of self-murder, whether she was quick with child or not, and that the Provided always, that nothing herein contained shall extend to any inquest to be taken by or before any coroner of a county by vir tue of his office, or to any inquest or inquiry to be taken or made by or before any sheriff or coroner for any liberty, franchise, city, borough, or town corporate, not being counties, or of any city, borough or town, being respectively counties of themselves; but that the coroners in all counties when acting otherwise than under a writ of inquiry, and the sheriffs and coroners in all such Liability of Attorneys to serve as Jurymen.-New Bills in Parliament. places as are herein mentioned, shall and may respectively take and make all inquests and inquiries by jurors of the same description as they have been used aud accustomed to do before the passing of this act." It thus appears that the exemption of attorneys in the 2d section does not extend to coroners' inquests, except under writs of inquiry; and Mr. Wakley, one of the coroners for Middlesex, deems them liable to serve, and contends, we understand, that if they were privileged before the act, that privilege is taken away by the act. This, however, is manifestly a mistake, for the 52d section only leaves to coroners the power to make inquests by "jurors of the same description as they have been used and accustomed to do." Let us see, then, how the law stood, in this respect, prior to the 6 Geo. 4, c. 50. 467 Notes, 33 (p. 42 in 4to edition), he had his writ of privilege to excuse him from serving in the trained bands of the city of London. In Stone's case, 1 Ventr. 16, 29, a copyholder of a manor, chosen collector of the lord's rent, the privilege was allowed. So in the case of a bailiff of a borough, or a mayor of a borough. (Officina Brevium, 166, 174. Evington's case above mentioned, cites and recognizes these two precedents, on which Lord Mansfield in his judgment laid great stress) Again in Richmond's case, 1 Barnes' Notes 29, (37 in 4to ed.) the Court refused to set aside a writ of privilege obtained by the attorney against serving the office of bailiff. Neither is he liable to serve the office of overseer; Gerard's case, 2 W. Black. Rep. 1126; and see 8 Term Rep. 379 n. The exemption of the medical profession from serving on juries or inquests is thus provided: the 14 Henry 8 exempts Physicians; the 6 & 7 W. 3, c. 4 exempts Apothecaries, and the 18 G. 2, c. 15, s. 10, exempts Surgeons. NEW BILLS IN PARLIAMENT. ADMIRALTY COURT. Now an attorney, from the necessity of his attendance in Court, has always been held exempt from all offices or duties which require personal service, and this is deemed a privilege of the Court to which he belongs, and established for the benefit of the suitor. See Mayor of Norwich v. Berry, 4 Burr. 2109, where it is laid down by Mr. Justice Yates, that an attorney shall be exempt from all offices incompatible with his attendance in his Court. An attorney (says the learned Judge) has this privilege because he is bound to attend the Court of THIS is a bill to improve the practice and which he is a minister. He is entitled to extend the jurisdiction of the High Court of this privilege as much as he is to that of Admiralty of England. It recites that the not being called out of his Court by a suit jurisdiction of the High Court of Admiralty of brought against him in another Court. And Englaud may be in certain respects advantageas he is obliged to this attendance on the ously extended, and the practice thereof imCourt of Common Pleas, therefore he is not that it shall be lawful for the Dean of the Arches proved; it is therefore proposed to be enacted, within the bye-law which makes his atten- for the time being, to be assistant to, and to exdance requisite in another place: for he ercise all the power, authority and jurisdiction, cannot be necessarily attendant in both and to have all the privileges and protections places at the same time, (p. 2115.) Mr. of the Judge of the said High Court of AdmiJustice Aston said, "Whilst he continues ralty, with respect to all suits and proceedings to practise, the privilege of not being drawn in the said Court, and that all such suits and proceedings, and all things relating thereto, from attending the Court is as old as the brought or taking place before the Dean of Court on which he is attendant. The privi- the Arches, whether the Judge of the said lege is instituted for the sake of the suitor." High Court of Admiralty be or be not at the The following, amongst other instances, time sitting or transacting the business of the are cited in the same report of the Mayor same Court, and also during any vacancy of of Norwich v. Berry, (p. 2111):-Prouse's the office of Judge of the said Court, shall be case in Cro. Car. 389, where an attorney if the same had been brought or had taken of the same force and effect in all respects as was elected constable or tithing man, but place before the Judge himself, and all such discharged from executing the office. In suits and proceedings shall be entered and Venable's case, Cro. Car. 11, an attorney registered as having been brought and as havhad been pressed for a soldier, and the writing taken place before the Dean of the Arches of privilege was granted. In the case of sitting for the Judge of the High Court of Evingdon, 2 Str. 1143, an attorney was Admiralty. summoned on the London militia, and exempted. So in Heaton's case, 2 Barnes' 2. Practitioners.-That all persons who now are, or at any time hereafter may be entitled to practise as advocates in the Court of Arches, are and shall be entitled to practise as advocates in the said High Court of Admiralty; and that all persons who now are or hereafter may be entitled to act as surrogates or proctors in the Court of Arches, shall be entitled respectively to practise and act, or be admitted to practise and act, as the case may be, as surrogates and proctors in the said High Court of Admiralty, according to the rules and practice now prevailing and observed, or hereafter to be made in and by the said High Court of Admiralty, touching the admission and practising of advocates, surrogates and proctors in the said Court respectively. to take out a monition from the said High Court of Admiralty, requiring any person being in possession of any part of the amount awarded or voluntarily paid, to bring in the same to abide the judgment of the Court concerning the distribution thereof; and in the case of an award the person or persons by whom the award shall have been made, shall upon monition send without delay to the said High Court of Admiralty a copy of the proceedings before him and them, and of the award, on unstamped paper, certified under his or their hand; and the same shall be admitted by the Court as evidence, and the amount awarded or voluntarily paid shall be distributed according to the judgment of the Court. 3. Jurisdiction. That after the passing of this act, whenever any ship or vessel shall be under arrest by process issuing from the said 6. That every contract for the division of High Court of Admiralty, or the proceeds of salvage money, whether made prior to or after any ship or vessel having been so arrested shall the performance of any salvage service, and have been brought into and be in the registry every assignment or bargain for the sale of any of the said Court, in either such case the said share of salvage, and every power of attorney Court shall have full jurisdiction to take cog-expressed to be irrevocable for the receipt of nizance of a claims and causes of action of any person in respect of any mortgage of such ship or vessel, and to decide any suit instituted by any such person in respect of any such claims, or causes of action respectively. 4. That the said Court of Adiniralty shall have jurisdiction to decide all questions as to the title to or ownership of any ship or vessel, or the proceeds thereof remaining in the registry, arising in any cause of possession, salvage, damage, wages or bottomry, which shall be instituted in the said Court after the passing of this act. salvage money, and every contract tending to deprive any party of his just share of salvage money or his right thereto, shall be null and void to all intents and purposes. 7. That the High Court of Admiralty shall have jurisdiction to decide all claims and demands whatsoever, in the nature of salvage for services rendered to or damage received by any ship or sea-going vessel, or in the nature of towage, or for any necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel inay have been within the body of 5. That whenever any award shall have been a county, or upon the high seas, at the time made by any justices of the peace, or by any when the services were rendered or damage person nominated by them, or within the juris-received, or necessaries furnished, in respect of diction of the Cinque Ports, by any commis-which such claim is made. and expenses may receive a British register. 9. Evidence. That in any suit depending in the said High Court of Admiralty, the Court (if it shall think fit) may summon before it, and examine or cause to be examined witnesses by word of mouth, and either before or after examination by deposition, or before a commissioner, as hereinafter mentioned; and notes of such evidence shall be taken down in writing by the Judge or registrar, or by such other person or persons, and in such manner, as the Judge of the said Court shall direct. sioners, respecting the amount of salvage to be 8. Foreign ships of less value than damages paid, or respecting any claims and demands for services or compensation, which such justices and commissioners within their several jurisdictions are empowered to decide under the provisions of two acts passed in the second year of the reign of King George the Fourth, for remedying certain defects relative to the adjustment of salvage, or whenever any sum shall have been voluntarily paid on any such account of salvage, services or compensation, it shall be lawful for any person interested in the distribution of the amount awarded or paid to require distribution to be forthwith made thereof, and the person or persons by whom such amount shall be awarded, or in the case of voluntary payment, the person by whom the same shall have been received, shall forthwith proceed to the distribution thereof among the several persons entitled thereunto, to be certified in the case of an award under the hand of the person or persons by whom such amount shall be awarded; and an account of every such distribution shall be annexed to the award; and if any person interested in the distribution shall think himself aggrieved on account of its not being made according to the award, or otherwise, it shall be lawful for him, within fourteen days after the making of the award, or payment of the money, but not afterwards, 10. That the said Court may if it shall think fit, in any such suit, issue one or more special commissions to some person, being an advocate of the said High Court of Admiralty, of not less than seven years' standing, or a barrister at law of not less than seven years' standing, to take evidence by word of mouth, upon oath, which every such commissioner is hereby empowered to adminster, at such time or times, place or places, and as to such fact or facts and in such manner, order and course, and under such li mitations and restrictions, and to transmit the same to the registry of the said Court in such form and manner as in and by the commission shall be directed; and that such commissioner shall be attended, and the witnesses shall be examined, cross-examined and re-ex New Bills in Parliament. amined by the parties, their counsel, proctors, or agents, if such parties or either of them shall think fit so to do; and such commission shall, if need be, make a special report to the Court touching such examination, and the conduct or absence of any witness or other person thereon, or relating thereto; and the said High Court of Admiralty is hereby authorized to institute such proceedings, and make such order or orders upon such report as justice may require, and as may be instituted or made in any case of contempt of the said Court. 11. That it shall be lawful in any suit depending in the said Court of Admiralty, for the Judge of the said Court, or for any such commissioner appointed in pursuance of this act, to require the attendance of any witnesses, and the production of any deeds, evidences, books or writings, by writ to be issued by such judge or commissioner in such and the same form, or as nearly as may be, as that in which a writ of subpœna ad testificandum, or of sub pœna duces tecum, is now issued by her Majesty's Court of Queen's Bench at Westminster; and that every person disobeying any such writ so to be issued by the said judge or commissioner shall be considered as in contempt of the said High Court of Admiralty, and may be punished for such contempt in the said Court. 12. The provisions of 3 & 4 W. 4, c. 42, with respect to the admissibility of the evidence of witnesses interested on account of the verdict or judgment, shall extend to the admissibility of evidence in any suit pending in the said Court of Admiralty, and the entry directed by the said act to be made on the record of judgment shall be made upon the document containing the final sentence of the said Court, aud shall have the like effect as the entry on such record. 469 15. New Trials.-That the said Court of Admiralty, upon application to be made within three calendar months after the trial of any such issue by any party concerned, may grant and direct one or more new trials of any such issue, and may order such new trial to take place in the manner hereinbefore directed with regard to the first trial of such issue, and may by order of the same Court direct such costs to be paid as to the said Court shall seem fit, upon any application for a new trial, or upon any new trial, or second or other new trial, and may direct by whom and to whom and at what times and in what manner such costs shall be paid. 16. That the granting or refusing to grant an issue, or a new trial of any such issue, may be matter of appeal to her Majesty in council. 17. Bills of exceptions to be allowed on trials of issues. 18. Record of the issue to be transmitted to the Court of Admiralty. 19. Provisions of 2 & 3 W, 4, c. 92, as to appeals to apply to suits in Court of Admiralty under this act. 3 & 4 W. 4, c. 41, Privy Council Act, to apply in same manner. 20. Rules and Orders.-That it shall be lawful for the Judge of the said High Court of Admiralty from time to time to make such rules, orders and regulations respecting the practice and mode of proceeding of the said Court, and the conduct and duties of the officers and practitioners therein, as to him shall seem fit, and from time to time to repeal or alter such rules, orders or regulations: Provided always, that no such rules, orders or regulatious shall be of any force or effect until the same shall have been approved by her Majesty in council. 21. Protection of the Judge of the Court of Admiralty from actions. 22. Gaolers to receive prisoners committed by the Court of Admiralty or by Admiralty Coroners. 23. Prisoners in contempt may be discharged. 24. Jurisdiction to try questions concerning 25. Jurisdiction of Courts of Law and Equity not taken away. 13. Trial of Issues.-In any contested suit depending in the said Court of Admiralty, the said Court shall have power, if it shall think fit so to do, to direct a trial by jury of any issue or issues on any question or questions of fact arising in any such suit, and that the sub-booty of war. stance and form of such issue or issues shall be specified by the judge of the said Court at the time of directing the same; and if the parties differ in drawing such issue or issues, it shall be referred to the judge of the said Court to settle the same; and such trial shall be had before some judge of her Majesty's Superior Courts of Common Law at Westminster, at the sittings at Nisi Prius in London or Middlesex, or before some judge of assize at Nisi Prius, as to the said Court shall seein fit. 14. Costs.-That the costs of such issues, or of such commission as aforesaid, as the judge of the said High Court of Admiralty shall under this act direct, shall be paid by such party or parties, person or persons, and be taxed by the registrar of the said High Court of Admiralty, in such manner as the said judge shall direct, and that payment of such costs shall be enforced in the same manner as costs between party and party may be enforced in other proceedings in the said Court. ADMIRALTY COURT JUDGE AND OFFICERS.~ In addition to the preceding bill, another has been brought in, to make provision for the Judge, Registrar, and Marshal of the High Court of Admiralty in England. It recites that the present manner of remunerating the Judge, Registrar, and Marshal ought not to be continued, and that it is expedient to make other provisions for the same, and for defraying the other necessary expences incidental to the Court. It is therefore proposed to be enacted 1. Judge to be paid by a salary of 4,000l. a year. 2. Repeal of 50 Geo. 3, c. 118. Registrar to be paid by a salary of 1,4007. 3. Marshal to be paid by a salary of 5001, |
