14. Bills-Fishery Piers and Harbours, Ireland 11. 12. lect Committee Poor Law Administration 4. Local Acts-Report of Commissioners of Woods, Forests, &c.-Evidence to Parts 14, 33, and 35 24. Local Acts-Report of Commissioners of Woods, Forests, &c.-Evidence to Part 7 and 15 29. Local Acts-Reports of the Admiralty, Parts 10 and 11 29(12). Local Acts-Reports of the Admiralty, Part 12 sioners 34(24). Railway Bills, Group No. 43-Report 33 Committee 52. New South Wales-Order in Council 47. Haydock Lodge Lunatic Asylum-Paper Minute 43. Houses and Electors-Abstract Returns 53. (2. Commissariat, Chests Abroad-Accounts of Re-ceipts and Payments 03. Newfoundland-Copy of Despatch 30. Railway Bills Classification-Fifth Report from Com mittee which were seldom or never carried out in practice. These would be some of the advantages of a minister of justice. Another of the great services which this committee could render would be, as his honourable and learned friend had said, to put a check upon the present fee system. There could be no doubt that it was open to the greatest and most flagrant abuses. The fee receiver at present was only required at the expiration of the year to make oath that the sum he paid into the Exchequer was the sum properly pay. able. That was really the only check upon him. Why, he (Mr. Romilly) did say that they had no right to subject a public officer to such a temptation. Not long ago a case occurred which shewed the working of this system in a peculiar point of view. An officer who received fees in one of the courts died. His successor, at the expiration of the first year of his appointment, though there was no sensible or visible increase in the business of his office, paid to the Exchequer just one-half more on account of the year's fees than had been paid at any previous period. What he urged was, that they should appoint a searching committee, which should elicit facts of this description-which should apply its investigations to all courts, high and low, and report upon the taxation to which the people, rich and poor, who sought our courts of law were subjected by fees.-The ATTORNEY-GENERAL said he had no objection to grant the committee in the terms which his hon. and learned friend's motion had now assumed, omitting all reference to the subject of compensations; and pledging the Government, at the same time, to second the views of the hon. and learned gentleman respecting costs, except such as the required investigation might shew it desirable to adopt.-After a few words from Mr. HUME, the motion was agreed to. the three Courts of Queen's Bench, Common Pleas, and Exchequer, there had been collected and transferred to the public service, after payment of all salaries, charges, and expenses, no less a balance than 100,981. When an attempt was made to put a stamp duty upon law proceedings, Mr. Canning said in that house, that nothing in all the system of taxation could be more objectionable than an attempt to tax the suitors of justice.. In his (Mr. Watson's) view, the objectionable character of the proceeding was increased by the consideration that the suitors get nothing for their money. There were at the present time as great delays in the courts of justice as there ever were. We had no more judges now than in the reign of Elizabeth, or even Edward III.; and when the public were receiving from the suitors this enormous annual amount of fees, the suitors surely had a right to claim that steps should be taken to secure every facility for the determination of their causes. The attempts which had been made in this direction of recent years were, according to his view, all in the wrong direction. Instead of increasing the labours of the judges we possessed, we should lighten their burden, by appointing others to assist them. But he should remark, before he concluded, that the courts of law and equity were not the only From courts in which large fees were collected. the fee-fund of the Court of Bankruptcy salaries were paid to the amount of 49,000l. and compensations to the amount of 46,000l. per annum. In lunacy and other proceedings the fees were also enormous; and they were taken without any check or control. And here he could not but observe, that a serious question presented itself,-how far it was right or proper, in courts of justice, to levy fees at all? He would, however, pass by that point, in order to direct their attention to the other matters which he wished the committee to consider. One was, as to the amount of the officers' salaries; and another was, as to the FRIDAY, APRIL 30.-Mr. B. ESTçOTT had seen a aragraph in the Times, stating that the late recorder compensations, now paid out of the fee-fund. There or Winchester having resigned his office, and his could be no doubt that we ought to have a sufficient as many other Bills which have preceded it, contains found in any text-book on the subjeet:-Words imhe prisoners which should have taken place at Easter right that on the loss of office, proper compensation porting the singular number shall include the plural uccessor not having been appointed, the trials of supply of fairly-paid officers in our courts; it was also the following rules of English grammar not to be should be given; but it was a great question, if our had been indefinitely postponed. He wished, there- law officers at present were not greatly overpaid, and ore, to ask the right hon. gentleman, the Secretary whether the compensations they received were not for the Home Department, whether a recorder had enormous, and most disproportionate to the fees of been appointed, and whether he was aware of any the offices they had held. Why, there were absomeans of remedying the inconvenience and injustice done to the prisoners?-Sir G. GREY said his in-lutely some persons, inferior officers in the taxingmaster's office in Chancery-lane, who were now re 107. Exchequer-Account Return formation was not more complete than that of the ceiving, for the loss of their respective posts, no less any tenure. The word "street" shall extend to and hon. gentleman. It appeared, however, that the quarter sessions should have been held on the 4th of April, and the recorder unexpectedly resigned on the 31st of March, so that it was impossible to appoint fare, or public passage, within the limits of the spe cial Act. The expression "two justices" shall be understood to mean two or more justices met and acting together. THE MAGISTRATE. Summary. THE LAWYER. Summary. a sum than 7,500l. per annum ! trespass upon the House further than to say, in conclusion, that he really thought much public benefit might be made to result from such an inquiry as the present. As an honourable member had said, it was getting into an Augean stable, but if they could not thoroughly purify it, he hoped and believed they might do much to sweep away many of its corruptions. He TUESDAY, MAY 4.-Mr. WATSON moved for a concluded by submitting his motion. Mr. ROMILLY "select committee to inquire into and report to the seconded the motion, believing that the most effecHouse on the taxation of suitors in the courts of law tual way of reforming the administration of the law, WE are not without hope that Sir FITZROY and equity by the collection of fees, and the amount was to render it as cheap and easy as possible to KELLY will be induced to renew his efforts to thereof, and the mode of collection; and the appro- the suitor. They did an injury and a wrong where procure from the Legislature an appeal in Cripriation of fees in the courts of law and equity, and they made the suitor pay heavily for the admi- minal Cases. A friend who has taken a great in all inferior courts, and in the courts of special and nistration of justice, and for putting in force the general sessions in England and Wales; and as to machinery of the law. Some people thought that interest in this subject is in communication the salaries and compensations and fees received by suitors should be made to pay because they were with the learned gentleman on the matter, and officers and retired officers of those courts; and whe- the parties concerned in the causes litigated; but we understand that he is not less confident in ther any and what means could be adopted with a this was a fallacy: for, to preserve the rights of its justice than formerly, but he wants the view of superintending and regulating the collection property, and the due administration of the law, was leisure to pursue it. Surely he will find zeaand appropriation thereof." The hon. member said, a matter in which the public at large were interested; that as there was no objection to the motion, he should and to throw on suitors the administration of the laws lous assistants among the forty barristers in go into the subject of it at any length. The ques- from which they sought assistance, would be akin to Parliament. tion was one of deep importance and of the greatest throwing the cost of a police upon those whose houses magnitude. Under the existing system an advan- and property were plundered. Well, then, another tage was absolutely given to the dishonest. The ex- point which he hoped to see arise out of such a compense of litigation in courts of justice absolutely mittee as that now moved for, was the desirability of shut the door to a great number of litigants. Many appointing a minister of justice. At present we of the fees were of no legal origin, but had sprung threw the administration of our laws upon the Lord THE Morning Herald has commented with up by accident, and by the course of time. The Chancellor and the Secretary of State. Why, imcourts of law, indeed, might, in regard of fees, posing the consideration of such subjects upon such some severity, but with a great deal of justice be said to be like a bush, which when the sheep officers was only saying to them, forego the discharge too, on an incident that occurred in the sought it as a refuge from the weather, deprived them of other and equally important duties. So strongly Queen's Bench on Monday, when, the counsel of all their fleece. But what was very remarkable did he feel upon this point, that had it not been for being absent, the attorney was obliged to conwas, that of 400 or 500 persons collecting fees in his dislike to bring abstract questions before Par- duct the case himself, although entirely unprethese courts, scarcely any one knew why or for whom liament, he should long since have submitted the subthey collected, and upon scarcely one of them was ject of a minister of justice to the consideration of pared for an argument. The article deserves there any cheek as respected the collection. In some the House. It was necessary for the administration a place in this legal record. cases the parties collected for themselves, in others of justice that we should have regular returns, and for the Consolidated Fund. Whether the fees paid those returns could only be secured by the appointto each were honestly received and honestly accounted ment of a minister. A minister was also required to for nobody could decide. In the Court of Chancery, watch the practice of the laws, and to determine what immediately a party commenced a suit he was called reforms were required to secure their practical and upon to pay a heavy fee, and this continued at every efficient working. Let them take the case of the stage of proceedings until the last step, when, strange new courts which they had lately constituted. Here to say, there was a tax upon the suitor, not depend- there were some fifty or sixty new judges, all appointed ent upon the amount litigated, but upon the size of to administer a new law. How great would be the his bill. In the courts of equity, in 1845, fees to the advantage of a public minister who could secure imextent of 95,2971. were paid to the Suitors' Fund, partiality in that administration, and direct it pracand 155,510l. to the Suitors' Fee Fund, making a tically for the benefit of the people. Another total of 250,8077. Here was an enormous amount great advantage of such a minister would be, that to be collected, without there being the least possible they should get rid of "commissions" to examine check upon fraud. As to the courts of law, the sys- into the state of the law, of which they had had so tem was even still more objectionable. To such an many of recent years, entailing great expense upon extent had taxation gone, that in the year 1843, in the country, and putting on paper crude theories Within the time of legal memory there never has been so dreary a Term in Westminster Hall as this instant Easter Term, in which, on the 5th of May, we are still freezing over sea-coal fires. On the melancholy Friday on which it commenced, now nearly three weeks ago, London presented on the 16th of April, so far as external nature was concerned, more the aspect of Ladoga, or a Lapland town, than a city described by geographers as being the capital of a clime temperate and healthful. The venerable judges, generally so cheerful after a six weeks' careering it, on circuit and in the country, seemed congealed and frozen. The glow of health and the exuberant spirits consequent on an active circulation seemed alike wanting; and though wrapped in the "spotless ermine" of the Bench, and fortified by doublets of flannel, as is the judicial wont, each one of the fifteen sages of the law appeared frigid and cheerless. The back benches of the Bar, generally so full, were on this occasion empty and denuded of juniors, and a more weary, flat, and unprofitable commencement of an Easter Term was never seen, even by Henry Cowper or Hyde East, venerable reporters, both over ninety years of age, one of whom was very recently, and the other of whom is, we believe, still living. Nor have matters very much mended as the winter has been advancing into the first week of May. Sombre colours and surtouts prevail in every robingroom, from Howard's down to the lowest cellar, and sable suits of thickest and most serviceable broadcloth are the only, or at least the most numerous, suits a-going. In a word, there is a plentiful lack of business, yet never did the hands to do the small trifle afloat so inconveniently increase and multiply. Where to stow all the wigs and gowns, coats, canes, cravats, chesterfields, comforters, goloshes, stocks, sticks, and other forensic toggery belonging to gentlemen of the Bar, has been the chief puzzle of the perplexed waiters and the robing-rooms serving-men. Some years ago the cellar was resorted to, and now both two-pair rooms and attics are dedicated to the noble uses of a vestiarium for the Bar of England. While these things are being enacted in the tiring-rooms, what, however, is doing within the sacred precincts of the courts themselves? Alas! infinitely little. There sits in the Bail Court this Term one of the most accomplished scholars-one of the most careful and discriminating judges in England; and on some days the business in Banco has not occupied half an hour, so that Mr. Justice Coleridge has had to wait another half hour before going into Nisi Prius. The eager and hopeful juniors, as yet unbroken into business, and looking forward to a full supply some years hence, think this is but a fortuitous circumstance; but we very much err if they will not find that each successive circuit and Term the Profession grows worse and worse. Dealings on credit and in bills are daily decreasing; and even in places in which such dealings have not diminished, there is a growing indisposition to file declarations on bills of exchange, or bring matters of small amount into the superior courts. The new County Courts will unquestionably, therefore, in cases of inconsiderable amount, materially interfere with a certain class of business in Westminster Hall. During the past week, on a morning in which there were only three or four motions made in the Practice Court of the Queen's Bench, there were entered more than 700 cases for trial at one of the metropolitan County Courts. Whatever be the amount of business in Westminster Hall, however, there can be no doubt that it is confined to fewer hands than ever. to it. As to Mr. Peacock, he may have been drawing at home-or fine-drawing abroad, but he clearly was not in the place in which he was paid to have been at the proper time. These two silk gownsmen and this simple stuffman, or mere utter barrister, must have all had a mutual understanding with Robson or Jobson, or some other attorney. When Crowder, Butt, and Peacock, took Robson or Jobson's brief, the attorneys believed that the barristers had the power of determining their future actions, and that they communicated their settled purpose by accepting the brief and the fee. The acceptance of the fee implied promise and purpose, and on both the attorneys reckoned. A mutual dependence was the result of a mutual understanding, and the attorneys had still a right to the fulfilment of the understanding, or promise, or whatever moral philosophers may please to call it. Without the fulfilment of promises society cannot exist, and the necessity of depending upon assurances and promises, whether made by bargemen or barristerscounsel or cobblers-gives birth-whatever the English law or professional etiquette may say to the contrary notwithstanding-to a right in the person to whom the assurances or promises are made. Mr. Robson, therefore, or whoever employed Mr. Peacock, has a right to have his money returned to him, and, in foro conscientia, to an indemnity for any damage sustained by Mr. Peacock's absence, or Mr. Crowder or Mr. Butt's partial absence, or too tardy appearance. It were time that the Bar should recover its good and gentlemanlike name in reference to fees, and that it should be considered as the profession of the Erskines and Denmans, and not of the Folletts and the Wildes, who, though great advocates and lawyers, looked far too much to money for their own fame. No doubt there will be a great outcry on the part of the subordinate branch of the Profession, and of suitors generally, against the counsel who were absent on Monday, but the fault rests with the attorneys and not with the counsel. Chance, or peculiar circumstances, or a good start, have given to some men a run of business. The handling of business produces skill, and if the attorneys of London and of the country will but generally distribute their favours among the 500 daily seeking them, we venture to predict, and we know a little of Westminster Hall, that in 400 cases they will find abler advocates and as good lawyers as either the Crowders or the Butts, and, peradventure, also half-a-dozen as good pleaders and subtle reasoners as the very clear-headed, painstaking, and apt practitioner, Mr. Barnes Peacock. NOTICE. We have to thank numerous correspondents for sugges tions of Forms required in the practice of the County Courts, and publications likely to be useful to the Officers and to the Profession. Most of them have been adopted; others are in preparation; some are still under consideration. Since our last, the following have been placed in the hands of the printers :First, an extremely useful, nay, almost indispensable, but elaborate and laborious work, prepared by one of the County Clerks. It is a Table of the Fees, calculated for every proceeding and every form of action, so that the Clerk or Practitioner is enabled to ascertain at a glance the exact sum to be charged on any plaint or proceeding, including mileage for service of summons. There is, first, a table of the fees to be taken at the Clerk's Office; second, a table of those to be taken in Court; and the results are given both in detail and consolidated. Under the first head are tables of "Summons fees," "Subpana fees," "Execution fees," "Jury fees," and "Separate fees." Under the second are the fees on "Hearing without a jury," "Hearing with a jury,” on "Issuing Warrant of Attachment with one officer," on "Issuing same with two officers," "Separate fees," and "Order fees and service by clerk." These Tables will be published on a sheet, which may be divided into two parts so as to keep the "Fees in the Office" distinct from the "Fees in Court," or together, as convenience may dictate. For advantage of ready transmission into the country, a quantity of them will be stamped so as to pass free by post. The price will be 3s. for which penny postage stamps may be inclosed. It may be had also mounted on pasteboard at 4s. and on canvas and rollers at 6s. 6d. As the figures are very elaborate, it will scarcely be published until Saturday next. The Cause Books for the use of Practitioners are now ready. Their purpose is to enable the Attorney to keep a record of the progress of every cause in which he is engaged. There is also in preparation a Chart of the County Courts on a Sheet, the size of the "Law Times Almanac," to contain all the information required for ready reference in the office-as the Districts of the Courts, the Clerks, Bailiffs, Offices and Courts, Time-table, a Synopsis of the Act and Rules, Fees, and such like matters required for reference on the moment. A great addition has been made to the Special Forms, prepared by counsel for the Law Times Office, and which now comprise the following: Forms required by Clerks, but not given in the Rules(Prepared by Counsel-Copyright.) No. on a sheet. 28a. Execution against an Executor on a Devastavit.. 2 304. Warrant to give Possession of Tenement on JudgOrder for time to Plaintiff or Defendant (sec. 81).. Order for Apportionment of Costs (sec. 88) It will be seen that the Judges of the Exche- It may be fairly com- Mr. Robson, the respectable attorney, stated that he had delivered briefs to two counsel,' and that both were absent. One of these barristers was Mr. Crowder, a Queen's counsel, and a considerable man on the Western Circuit, and he could not come, being in the act of addressing the jury (of course not prolixly, for counsel on the Western Circuit have, from Wilde down to Crowder, been notorious for ment 53. Order for Commitment of Defendant in default of appearance (sec. 99).. 54. Order for Reference to Arbitration (sec. 77) 56. Jury Lists (per quire, 3s.) 57. Notice of Days for holding Courts. 2 2 58. Receipts by Clerk, 200 in a volume, price 5s, 59. List of Summonses served, to be returned by the High Receipts to Clerks by parties receiving sums under 57. 60. Bailiff (per quire, 4s.) in books of 200, price 5s. 61. Order for Commitment after examination 62. Order for Commitment for refusal to be sworn 2 Note Books for Judges, Clerks, and Practitioners, inter leaved with blotting paper, bound, 4s., 5., 6s. &c. according to size. FORMS required by Clerks, Attorneys, and Parties, but not It is rumoured in Westminster Hall, and we have no better authority for it, that Lord DENMAN purposes to retire from the Bench at the close of next Term. It is said, and doubtgiven by the Rules-Prepared by Counsel-Copyright.) less with truth, that in such case, Lord CAMP-39. Particulars of Plaintiff's Demand (Rule 2).. BELL will become the Lord Chief Justice of 41. Defendant's Notice to Clerk of Set-off (Rule 17.. 40. Particulars of Defendant's Set-off (Rule 17) England. 42. Defendant's Notice to Clerk of Special Defence (Rule 19) A double number next week will help to 43. Particulars of Plaintiff's Claim on Interpleader bring up the heavy arrears of the Term. COUNTY COURTS. The following, for the use of Practitioners in the County Courts, are published at the LAW TIMES Office. The Forms, Nos. 1 to 35, some having Four Forms on a Sheet, others only two Forms, all being for convenience of filing, printed on folio foolscap, per quire, 2s. the brevity as well as the brilliancy of their The Books kept by the Clerk, bound in calf, each containing four N.B. The name of the County, &c. printed in the Forms III. The SECOND EDITION of PATERSON'S COUNTY COURTS v. four pages. Price 6s. boards; 8s. bound; 94. interleaved. V. BITTLESTONE and WISE'S NEW PRACTICE CASES-Cases in all the Courts, including Evidence, Stamps, and the Law of Attorneys, issued at the close of each Term, in Parts, price 5s.; in The LAW DIGEST, a general half-yearly Index to all the Cases Numbers, stamped to pass free by post, 1s. 6d. each. reported and Statutes passed, alphabetically arranged, so that the Practitioner is enabled to ascertain in a moment all that has been decided or enacted on any subject during the half-year. In Numbers, stamped for post, 1s. 1d. each, or in Parts. Part I. 5. Gd.; Part II. 6s. 6d.; Part III. (nearly ready), 6s. To be conti nued regularly. In the Press, THE PRACTICE of the COUNTY COURTS; a Treatise. By Edward W. Cox, Esq. Barrister-at-Law. Intended as a Manual for Practical 49. Notice to Clerk of Application to set aside Proceed- 50. Notice to the Party of Application to set aside 55. Consent for an Order to Pay Debt and Costs...... Some delays have occurred in the completion of orders, but they were unavoidable. All came at once, requiring an immediate supply. Five offices, in full work day and night, could not meet the demand, and sufficient hot-pressers, rulers, and binders, could not be procured at any price. Now that the first requisitions are supplied, we trust that there will be more promptitude. COMMENTS ON THE COUNTY COURTS. Few novel points of Practice have arisen during the past week. Mr. KoE, we understand, has To the first number of the Circular we are for the same reason obliged to refer many other communications, inquiries, and suggestions of correspondents. We cannot attempt to do more in these pages than to give the earliest intimation, in the shortest form, of points of practice decided in the Courts, and a short passing commentary on the events of the week. More laboured essays and more elaborate reports, with such notes and observations as they may suggest, is the design of the monthly Circular. And, by the bye, some of our friends suggest that the County Courts Chronicle would be a preferable title to "Circular," as proposed. What is the opinion of our readers? We are in doubt, and shall be obliged by their views. We would take which soever they deem the best. reversed his first memorable judgment, and adopted | notice it deserves; and we invite the communications Our attention has been directed to the very important question, how the Profession can be fairly remunerated for business transacted in the new Courts. It is a subject that deserves the most serious notice of the Government. We trust that it will be well considered by the Judges of the County Courts, who will doubtless be consulted as to the amendments which practice will shew to be necessary in the statute. But, in the meanwhile, some definite plan should be decided upon by the practitioners for present convenience, until the law shall be amended in this respect. It is most desirable that the Courts should not be abandoned to the lowest class of Attorneys,-desirable for the public even more than for the Profession. But, as the fees are appointed by the Act, there is not a reasonable remuneration for the Attorney; a respectable man cannot afford to practise there without charging his client something beyond the costs which he can recover from the defendant. The simple remedy for the existing injustice will be to vest a power in the Court to allow any amount of costs which it shall deem to have been necessarily incurred in the getting up of the case. Until that be done, an arrangement must be made to meet the existing difficulty, and it is desirable that it should be adopted by common consent, and universally acted upon: We have received many communications, and have had many personal consultations with practitioners from all parts of the country, upon this subject, and the general opinion appears to be that some charge must be made to their clients beyond the fees allowed by the Act, and that this charge should be regulated by the sum recovered. In compliance with this view, in which we cordially agree, we would therefore recommend that, for all actions brought in the County Courts, the Attorney should make a previous agreement with his client for a charge of five per cent. upon all sums recovered, together with moneys actually expended, beyond the costs that may be recovered from the defendant. Although in some cases this would doubtless be a very insufficient remuneration for the labour incurred, in others it would be liberal; and, taking one with another-the large with the small-it would, without violating the spirit of the Act, make the practice in the Courts worth the attention of the better class of the Profession; while it would not be objected to by the suitors, who will, at so trifling a cost, obtain good men to do their work for them in the best manner. In the few columns which the claims of other legal matters will permit to be devoted to the County Courts in the LAW TIMES, we cannot give place to any communications upon the subject, but in the County Courts Circular it shall receive the extended, COUNTY COURTS ACT. E. W. C. THE third edition of Mr. Paterson's County Courts Act is really published at last. It seemed as if we should never get it out of the hands of the printers. The delay has, however, enabled us to complete the list of officers, with the exception of four circuits only, and we believe with general correctness; although, doubtless, there will be found some errors, unavoidable from the imperfect sources of information open to us. Indeed, we have discovered that, since the publication of the Orders in Council, Circuits Nos. 27 and 28, comprising five Welch counties, have been entirely re-arranged. The pages containing them will, however, be reprinted immediately, corrected in accordance with the changes, and will be sent by post to any purchaser who may chance to have obtained the volume before the error was discovered. A great quantity of useful information has been introduced into this new edition. Among the rest, are a collection of upwards of sixty precedents for statements of cause of action in summonses, and particulars; forms for opening and closing the Courts, and of the oaths and other proceedings, and so forth, as suggested to meet the practical wants of those engaged in the Courts, either as officers, practitioners, or suitors. The Index, too, has been made very copious. LINCOLNSHIRE COUNTY COURT. tion as to allowing persons to attend on behalf of H. Orme asked what was his Honour's inten His HONOUR stated, that it was his intention to allow none but attorneys or barristers to address the Court, and that he should not permit even articled clerks to appear for parties. WELCH . EYRE. Case for damages sustained by plaintiff on resale of a cow, after notice, sold to plaintiff by defendant, and warranted an "in calver." After keeping her for some time, she turned out not to be with calf, and was sold at a sacrifice, for which the present claim was made. Judgment for plaintiff for amount claimed. Ingoldby, for plaintiff, applied for costs. His HONOUR.-Certainly, it is a case in which I shall grant costs, as the getting up of such cases properly is a great saving of time. CAMBRIDGESHIRE COUNTY COURT. We are authorized to state that the decision in this LEICESTER COUNTY COURT. This was a summons on a judgment obtained in Inglesant, for the defendant, submitted that the summons would not lie, as the plaintiff was not the WARWICKSHIRE COUNTY COURT. This court was opened for the despatch of business on the 26th ult. before Frederick Trotter, esq. LL.D. (lately judge of the Court of Requests at Oldham, in Lancashire). proceeded to observe that with regard to the routine Overell also asked his Honour whether it was his opinion that the fund fee should be paid by the plaintiff in the first instance. His HONOUR said that he did not think this com pulsory but desirable. Tuesday, April 27. Griffin, for the plaintiff. The particulars amounted to 211. 14s. The summons claimed only 201. The particulars retained by the clerk had at the foot the words, "By cash, 17. 14s. Od." In the particulars delivered to defend ant those words were omitted. Forder contended that the plaintiff should have abandoned the excess above 201. by the particulars, as otherwise the defendant might be called on for 17. 14s. balance. Griffin argued that, as the Act had not directed the abandonment in the particulars, the summons sufficiently shewed the abandonment when accompanied by particulars filed, and that he might even abandon in court. His Honour directed a fresh summons. 201. by the summons, accompanied by particulars to [Quære. Is not the claiming a sum not exceeding any amount, a sufficient proof of abandonment of all beyond the amount?-REPORTER.] DARLINGTON COUNTY COURT. The learned JUDGE held, that where a defendant left a house on a day some time before the term day, and the plaintiff brought suit to recover the propor tionate rent, such leaving extinguished the tenancy Bristol, Wednesday, April 28. (Before ARTHUR PALMER, jun. Esq.) BALE V. VICKERY and OTHERS. Replevin-Costs-Professional assistance. This was an action of replevin which, at the time the court was established, was pending in the Sheriff's Court, and was then continued in this court under the 4th section of the recent Act. The cause was tried on the 21st instant, when the plaintiff obtained a verdict for 21. 10s. the common damages in replevin. Upon the trial both parties appeared by their attorneys and counsel. The amount distrained for was 51. 13s. On taxation of the plaintiff's costs, the clerk of the court disallowed the costs of the proceedings in the Sheriff's Court, and the fees of 10s. and 11. 3s. 6d. for the attorney and counsel, consider. ing the case, as to those fees, within the latter part of the 91st section of the Act, less than 51. having been recovered. then next court day, of all causes in which jurors That each clerk provide a proper jury-list box, and In case of an order being rescinded, the after fees are charged on the amount then ordered. In case of an execution against goods, one appraiser will be sufficient. In case of removing a plaint in replevin, a bond to In case of a plaintiff withdrawing a cause, or stating That the fee for the adjournment is no addition to Parnell, attorney for the plaintiff, applied to-day for the attorney's and counsel's fees.-By the clause at the end of Schedule D. the fees in replevin are to be regulated by the scale for the amount distrained for, and consequently the court fees claimed and paid in this cause were according to the scale for an amount exceeding 51. and not exceeding 101. The clerk contended that that clause applied only to the court fees; but he (Parnell) contended that it applied also to the counsel's and attorneys' fees, otherwise there would be an inconsistency which it was impossible the legislature could have intended. The reason for the regulation of the fees in replevin by the amount distrained for was obvious. The goods distrained, which it must be presumed are at least equal in value to the amount distrained for (and in this case the appraisement taken by the sheriff proved them of the value of 157.), are the substantial subjectmatter in dispute, to be retained by the plaintiff or recovered by the defendant; and the plaintiff had, by establishing his right to retain his goods, virtually recovered more than 51. and he was therefore not within the operation of the latter part of the 91st sec-able on the amount of damages claimed, exclusive of tion, disallowing the counsel's and attorneys' fees. The JUDGE said the intention of the Legislature was to be gathered from the words of the Act; and unless he could be shewn a provision applying the clause at the end of Schedule D. to the fees in sec. 91, he must hold that clause to apply only to the fees in the schedule; and as the amount recovered was less than 51. he could not allow the fees claimed for the counsel and attorney. Parnell then applied for the costs of the proceedings in the Sheriff's Court, contending that sec. 91, which is a prohibitory enactment, deals only with the proceedings in this court; and that such costs as would have been allowed in the Sheriff's Court for the proceedings therein, being costs of the cause not within the 91st section, must follow the verdict, and required no special power for their allowance. The JUDGE held, that the costs of the proceedings in the Sheriff's Court could not now be obtained in this action; the plaintiff should have proved them at the trial, by way of special damages, which he had not done. The Act gives no authority to allow any other costs than those of proceedings in this court. [The reporter of this case adds: "The poundage under the 52nd section was claimed by the clerk, and paid upon the amount distrained for; thus reading the clause at the end of Schedule D. as controlling the 52nd and not the 91st section; but his Honour's attention was not invited to this. The fees actually paid to counsel were three guineas on each side, the plaintiff's counsel refused to take his brief, consisting of eight sheets, for less; and the plaintiff engaged counsel only because the defendants had done so. covered were paid to the clerk; for, if paid to the plaintiff, he would most probably keep it, and the clerk never hear of it. And I am justified in this observation by the fact that cases have already arisen in which the plaintiff has received from the defendaut the debt claimed, and the full costs demanded by the summons, including the clerk's fees for paying money into and out of court, and pocketed the whole. And I submit that, although the general fund fee is larger than the united judge's, clerk's, and bailiff's fees on the summons (and perhaps larger than it need to be), the Court offers a great boon to the public, by its cheapness, promptitude, and exemption from being beaten, and saddled with much heavier costs, on a point of technical nicety. I am, Sir, &c. NEW COUNTY COURTS. ONE, &c. TO THE EDITOR OF THE LAW TIMES. SIR, I am one of those who consider this meaif carried out in a proper spirit. The superior officers sure to be productive of much good to the community, cannot exercise too much vigilance, nor be too particular as to the personal character of the inferior stance, in a certain small Welsh border county, one, functionaries, if abuses are to be kept out. For inat least, of the assistant bailiffs has already commenced an active canvass of tradesmen and others for business in his line, and it is not improbable but that he may be the medium of communication in some instances. Discreditable interference, and practices of the above description, will assuredly deter every respectable professional man from noticing these courts, or mixing himself up in any of their proceedhaving all their little debts hunted out and exposed, ings. Poor persons will also stand the chance of and in many cases irretrievable injury may be effected. I am, Sir, &c. WREN v. CROUCH. ARGUS. TO THE EDITOR OF THE LAW TIMES. SIR,-The above case (a note of which I send you), seems liable to observation; and as it is on a point of great practical importance, I shall be obliged by your inserting the following comments on it. That in case of a payment of part of the demand into court, and a proceeding by the plaintiff for a fur-though supported by Mr. Gurdon's ruling (9 L. T. 62), ther sum which he recovers, the fees are chargeable to the plaintiff on the amount demanded, and to the defendant on the amount recovered, inclusive (and not exclusive) of the amount paid into court. That there shall be no payment to the general fund on a plaint for the recovery of a tenement. That in replevin cases, the general fund is charge the value of the goods, and without reference to the become practically necessary in every case; or, at If the case were adhered to, personal service would least, where the service was not personal (and bailiffs will probably for their own convenience often prefer the other mode), plaintiffs would be subjected to great could safely rely on a relation or domestic of the inconvenience and risk. For, even if the plaintiff That when a plaintiff who has obtained an unsatis-ould be still more hazardous) on their evidence as to defendant properly delivering the summons and (which fied judgment proceeds by summons for examination, such delivery, still it would be no trifling inconvenience under sec. 98 (and not by plaint on the judgment), and expense to have to subpoena a witness merely to that a fee for hearing may be charged, and for order, warrant, &c. and not any sum to the general not warranted by the Act; which requires personal prove service of the summons. And the decision is ing for the defendant's committal, and in other cases service only when it is intended to apply at the hearconfiding in the strong probability of a summons, left for the defendant with an inmate at his residence, coming to his knowledge, leaves him, in case by any chance he should not have known of it, to obtain a new trial on shewing that fact. And such a course is very reasonable, and justified by the practice of the superior courts, where, as is known to all your readers, it is wholly unnecessary to shew before signing judgment that the notice of declaration has come to the defendant's knowledge. I am, Sir, yours, &c. fund. That the proper remedy for fees unpaid is not by action, but by an order of the judge for payment of them, and execution thereon. NEW COUNTY COURTS. TO THE EDITOR OF THE LAW TIMES. SIR,-In reference to Mr. Lamb's letter, in pp. fund fee should be made payable out of the moneys IN April 28, 1847.. H. GOTOBED. THE NEW JUDGES OF COUNTY COURTS.-NEW AND IMPORTANT POWERS TO BE VESTED THEM.-The judges of the new County Courts have received a notice that the powers at present possessed by them, under the 9 & 10 Vict. creating those courts, will be considerably increased under Lord Brougham's bankruptcy and insolvency bill, by vesting the jurisdiction, now possessed by the the commissioners of the Insolvent Debtors' Court Court of Bankruptcy in matters of insolvency, in and the judges of the new County Courts, in all cases where the insolvent shall have resided six months previous to filing his petition, except in the counties of The judges of these courts, under the Act, will have Middlesex, Essex, Kent, Surrey, Sussex, and Herts. all the powers at present possessed by the commissioners in bankruptcy, so far as insolvent debtors are this Act gives the judges of these courts the concerned, vested in them. The 29th clause of power, at present only possessed by the judges of the superior courts, to issue warrants for the preven tion of any debtor leaving England, in cases where the plaintiff shall prove to the satisfaction of the judge that he has a cause of action pending in a superior court for the sum of 201. and upwards, in debt or damage, and to keep the debtor in custody until he shall give bail to the sheriff, or deposit the not to go circuit, but the judges of the county courts amount of debt or damage mentioned in the warrant, with 101. for costs. The insolvent commissioners are are to send up the whole of the proceedings, in cases The Court will sit at ten o'clock in the forenoon on each of the days in Term, and at half-past nine precisely on each of the days after Term. The causes in the list for each of the above days in Term, if not disposed of on those days, will be tried by adjournment on the days following each of such sitting days. On Tuesday, the 15th day of June, in London, no causes will be tried, but the Court will adjourn to a future day. EXCHEQUER OF PLEAS. Sittings at Nisi Prius in Middlesex and London, before the Easter Term, 1847 JURISDICTION OF COUNTY COURTS.-A strong difference of opinion prevails between the magistrates at the various police courts, as to the construction of the late County Courts Act, with reference to the recovery of small tenements. A portion of the magistrates contend that the whole power of summary ejectment is transferred to the county courts, whilst another portion consider that the Act only gives those courts a concurrent jurisdiction. Mr. Hall, the pre- Monday siding magistrate at Bow-street, has been requested Tuesday.. to obtain the opinion of the Attorney and Solicitor Wednesday General on the subject. It is stated that whilst the Thursday......13. Friday cost of a summons at the police courts is only 2s. the expenses that must be paid in advance at the county courts in a case of this kind amount to 28s. PROMOTIONS, APPOINTMENTS, ETC. [Clerks of the Peace for Counties, Cities, and Boroughs will oblige by regularly forwarding the names and addresses of all new Magistrates who may qualify.] The Queen has heen pleased to grant to Henry James Sumner Maine, esq. B.A. the office of Reader of the Civil Law in the University of Cambridge, in the room of Doctor James William Geldart, resigned. The Queen has been pleased to confer the honour of Knighthood upon William Snow Harris, esq. F.R.S. The Lord Chancellor has appointed John Higginbottom Chorlton, of Runcorn, in the county palatine of Chester, gent. to be Master Extraordinary in the High Court of Chancery. COMMISSION SIGNED BY THE LORD LIEUTENANT OF THE COUNTY OF SOUTHAMPTON.William James Chaplin, esq. to be Deputy-lieutenant. GRAY'S-INN, MAY 1.-Edward Kenealy, esq. was this day called to the degree of Barrister-at-Law by the Hon. Society of Gray's-inn. CALLS TO THE BAR, LINCOLN'S-INN. - The following members of the Society of Lincoln's-inn have been called to the Bar, and were on Tuesday evening, May the 4th, sworn in before several of the benchers-Louis Henry Shadwell, esq.; the Hon. William Hamilton Stuart; William Alfred Wearing, esq.; John Vincent, esq.; George Jessel, esq.; Leonard Francis Burrows, esq. Tuesday MIDDLESEX. May 10-Common Juries 11 ...12 Customs and Common Juries ...... 14-Excise and Common Juries LONDON. May 11-To adjourn only 15-Adjournment day. Common Juries. The Court will sit at ten o'clock. WARWICKSHIRE.-CORONERS' COURTS.-Tuesday night's Gazette contains the Order in Council (under the Act to amend the law respecting the office of county coroner), dividing the county into three districts for the holding of coroners' courts. For the first, or northern district, the Court is to be held at Coventry, and the poll taken there; for the second, or central district, at Warwick; and for the third, or southern district, at Stratford-upon-Avon. The municipal boroughs of Warwick and Birmingham, and the royal town of Sutton Coldfield, continue to have coroners of their own, to the exclusion of the county coroners. LEGAL INTELLIGENCE. like rate of increase for every additional million beyond 5,000,000l. The above scale of fees to be also applicable to every Bill for giving any power to a company (not previously incorporated by Act of Parliament) and to be charged on the capital of such company. For proceedings before any committee, as follows:Every day on which the committee shall sit, if the promoters of the Bill appear by counsel, 101.; and if they appear without counsel, 61.; by the opponents of a private Bill a fee of 11. is to be paid on the deposit of every memorial complaining that the Standing Orders have not been complied with; on the presen tation of every petition against a private Bill, 21.; for every day on which the examiners shall inquire into any memorial complaining of a non-compliance with the Standing Orders, 31.; for every day on which the petitioners appear by counsel before any committee, 51.; and if they appear without counsel, 31. In the list of general fees it is stated, that on every motion, order, or proceeding upon a private Bill, petition, or matter not otherwise charged, a fee of 11. is to be charged. There are other fees set forth, of a limited character, in the general list; and it would seem, that by the adoption of the table now framed as to private Bills, the expenses on such matters will be materially reduced. CORRESPONDENCE. MORTGAGE TRANSFER STAMP. TO THE EDITOR OF THE LAW TIMES. SIR,-The case of your correspondent "Lex," stated in your last number, is a very clear one. The deed between B. and C. is not a transfer, but an original mortgage within the meaning of the Stamp Act, and therefore requires an ad valorem duty of 21. A deed stamp does not attach, nor do the cases cited apply to this. I am, Sir, Yours, &c. Derby, May 4, 1847. WM. BERRY. MR. BUNN AND JENNY LIND.-An action has been commenced by Mr. Bunn, in the Court of Queen's Bench, against Jenny Lind, for an alleged breach of contract, and on Friday week an appearance to the writ of summons issued a few days previously STAMPS ON TRANSFer of mortgages. was entered by a solicitor on the part of the defendant. The next proceeding will be the declaration, in which the plaintiff will estimate his damages. Sir F. Kelly and Mr. Cockburn, Q.C. have been retained for Mr. Bunn. The cause cannot be tried until the sittings after Trinity Term, commencing the middle of July. ATTORNEYS IN AMERICA.-Mr. Justice Bronson's opinion on the power of attorney-making was set aside by the Superior Court on Saturday. They decided that any sane man, of twenty years and good moral character, who knows enough of things in general, can set up for a lawyer without any other licence.-Tribune, New York, Feb. 9. THE ARMY AND NAVY CLUB HOUSE. -On Thursday the whole of the houses on the west side TO THE EDITOR OF THE LAW TIMES. SIR, I hope you will persist in your laudable endeavour to keep up the attention of the Profession to that monstrous evil which appears now to be fully developed by the decision in the late case of Humber stone v. Jones, by which the intention of the Legislature, in passing the statute of 3 Geo. 4, c. 117, seems to be almost, if not wholly, defeated. The LINCOLN'S-INN, MAY 6.-A further call to the construction which had generally been put on that Bar of the students of this society has been made, Act, sanctioned by the opinion of Mr. Coventry, in and this evening they were duly sworn in before his elaborate treatise on the Stamp Laws, and counseveral of the benchers, namely-Mr. Charles W. tenanced by former decisions, especially Doe dem. Bartley v. Gray, 4 H. & M. 419; Doe dem. Barnes Strickland, M.A.; Mr. Henry W. Mander; Mr. George Rastrick, M.A.; Mr. Douglas Browne, M.A.; v. Rowe, 4 Bing. H. C. 737; and Swell v. Tom, 4 Mr. Robert M. Newton, M.A.; Mr. Ralph R. W. Q. R. 615, had led very extensively to the practice of Lingen, M.A.; Mr. John E. Woodroffe, M.A. excluding the transfer duty where a further sum was INNER TEMPLE, MAY 3.-The following gentleadvanced. But now it seems that the subtilty of advocates has prevailed on the judges to make numerous men were called to the Bar by the Hon. Society of the Inner Temple, on Friday, April 30:-Francis distinctions in controversion of that rule, by one or more of which means a transfer of mortgage that has Frederic Brandt, esq.; James Richard Holligan, been made since the passing of that Act has been esq. B.A.; Egidnis Benedictus Watermeyer, esq.; FEES ON PRIVATE BILLS.-Among the Parlia- affected. There can be no doubt that the design of James Burchell, jun. esq. M.A.; Edward Vaughan mentary documents recently issued, is one containing the Legislature was that the stamp duties should atRichards, esq. M.A.; Henry Edward Francis Lama table of fees to be charged at the House of Com- tach only on the moneys further advanced, and bert, esq. M.A.; and Thomas Palfrey Broadmead, mons, framed by the Speaker, in pursuance of a reso-that, notwithstanding the various modifications of the esq. M.A. lution passed by the House. The table shews the security that might ensue on a transfer, whether by an THE RECORDERSHIP OF WINCHESTER.-In the fees to be charged by the promoters and opponents addition of land, a new covenant for payment on a room of Mr. William Burge, late recorder of this city, of a private Bill, as also for proceedings before the new day, a reduction or increase of interest, or any Mr. Stock, of the Western Circuit, has been appointed. examiner, or before any committee. A scale of general other alteration. The recent decisions are pregnant The sessions, which were adjourned on the 5th of fees, and the fees to be taken by the shorthand-writer, with incalculable mischiefs, and a legislative enactApril until the 19th of the same month, were again are likewise given. The fees are to be charged, paid, ment is imperiously called for to relieve the numerous adjourned in consequence of there being no recorder and received, at such times, in such manner, and mortgage securities that are now tainted with one or appointed. Within the last few days, however, the under such regulations as the Speaker shall from more of the accidents referred to. If the doctrines appointment of Mr. Stock has been ratified, and the time to time direct. As to private Bills, on which thus promulgated, are to be the rule in future, a very fact was made known on Saturday last to the citizens, enormous sums have formerly been paid, it is now short enactment authorising all deeds of the character that the sessional trials would take place on Monday, provided that the promoters, on the deposit of the above noticed, to be stamped with the omitted stamp, (the 3rd inst.) It has been a matter of general sur-petition, Bill, plan, or any other document, at the to be paid for, without penalty, would be sufficient. prise amongst the citizens that a new recorder was Private Bill-office, shall pay a fee of 51. and for every An affidavit might be required, signifying that the not earlier appointed, as the prisoners, of whom there day on which the examiners shall inquire into the stamps originally used were without fraud, and with are several awaiting their trials, have been kept in compliance with the standing orders the fee payable the belief that they were such as the law required. prison nearly a month longer than they otherwise is 61.; for proceedings in the House on the presen- There should be no limitation of time annexed to this would have been, had their cases been brought on at tation of the petition for the Bill 51. on the first read- indulgence, as it is impossible to say, in numerous the usual time.. ing of the Bill 157. on the second reading, on the re-instances, when the discrepancies objected to may WANDSWORTH POLICE COURT. — Mr. Alfred port, and on the third reading, 151. each. Bills from come to light. I am, Sir, yours, &c. the Lords, commonly called Estate Bills, Divorce Bills, Naturalization Bills, and Name Bills, to be charged only one-half of the preceding fees on the first, second, and third readings and reports. The preceding fees on the petition, first, second, and third readings, and report, to be increased according to the money to be raised or expended under the authority of the Bill, in conformity with the following scale :If the sum be 50,0001. and under 100,000l. twice the amount of such fees; 100,000l. and under 200,000l. three times the amount of the fees; 200,000l. and under 300,000l. four times; 300,000l. and under 400,000l. five; 400,000l. and under 500,000l. six; 500,000l. and under 750,000l. seven; 750,000l. and under 1,000,000l. eight; 1,000,000l. and under 1,500,000l. nine; and 1,500,000l. and under 2,000,000l. ten times; and at the same rate of increase for every additional 500,000l. up to 5,000,000l.; and further at the SIR,-I am happy to see that you have lent us the aid of your pen in this matter, and it appears to me from what I have seen in your paper, and from the very many letters that I have received, that the wearing of the gown will, without doubt, be very generally adopted. A gentleman writing me the other day stated that Adams and Ede, Robe Makers, Chancery-lane, have, within a very recent and short period made upwards of sixty attorneys' gowns. This will shew that the matter is progressing favourably. I have reason to believe that many respectable persons who were before disposed to treat the matter lightly are now giving it their warmest support. |