courts at the assizes, or at the quarter sessions, or who has had rules pending in the superior courts, is painfully aware of the disadvantages incident to uncertainty, compared with the certainty of which a cause list supplies the means." CUMBERLAND. Carlisle, Saturday, May 8. (Before T. HASTINGS INGHAM, Esq.) Unsatisfied judgments-Case of Rudd v. Dobson (1 County Courts Chronicle) explained. The second court for this district was holden as above, when 250 cases stood for trial. His HONOUR, before commencing the business of the court, said, "I wish to remove an erroneous impression which may exist owing to some remarks made in that useful new periodical the COUNTY COURTS CHRONICLE, upon the case of Rudd v. Dobson, as decided by me at Appleby. I entertain no doubt but that an unsatisfied judgment in the old county court can be recovered by an action in this court, simply on the ground that every such judgment is a debt. The case of Rudd v. Dobson was decided upon the ground that a judgment in the County Court cannot be enforced under the 98th section of the new statute, because, although the 4th section of that statute would seem to intend this, yet, on reference to the 98th section, it will be found that it only applies to any unsatisfied judgment or order of any court holden under the new Act, or under any Act repealed by that Act. Now the old County Court not being holden under any Act, I am of opinion that the proper mode of proceeding upon these old judgments is by original summons.' Alston, Wednesday, May 5. RIDLEY V. BAXTER and ANOTHER. (Jury case.) Disturbance of common. Stockall for the plaintiff; Turnbull for the defendants. This was an action for disturbance of common and injury to sheep. The plaintiff proved that the defendants were in the constant habit of setting their dogs upon his sheep, and driving them off the better portions of the common, and putting their own sheep upon them. The defendants set up a right of exclu. sive pasture upon the particular portion of the common, but entirely failed in establishing it. His HONOUR told the jury they were aware what broils and conflicts had been going on for years about this supposed right, but that upon these uninclosed commons all the commoners had equal rights, and their sheep ought to be quietly permitted to pasture wherever they might wander, and whoever disturbed those sheep, and injury might ensue, as in this case, the parties were liable. Verdict for the plaintiff, 101. damages. KENT. Faversham and Sittingbourne. not sufficient ground for an adjournment of the hearing, and it will only be granted on payment of all the costs of the day. The five clear days' notice of special defence is to be exclusive both of the day of service and the day of hearing. Plaint for the use and occupation of a dwellinghouse, the use and hire of forty cows, and money found due on account stated; plaintiff's claim being 317. 4s. 4d. the excess of 111. 4s. 4d. had been abandoned. An application was now made on behalf of plaintiff for leave to adjourn the hearing until next court, upon ground of the unavoidable absence of plaintiff's attorney. The application was opposed by defendant's attorney, except upon payment of the costs of the day. Notice of this application had been served on defendant the previous day. The JUDGE observed that the present was no ground for such an application. He was disposed to nonsuit the plaintiff, and would only give leave to adjourn upon payment by plaintiff of the costs of the day, defendant's mileage, he having appeared to the summons, and the costs of his attorney. The Judge in this case also decided that the five clear days' notice of special defence must be held to be exclusive of the last day and the day on which the notice is served. SCUTT v. PHILLIPS. Costs. Plaintiff having withdrawn his plaint after receiving notice of special defence, defendant is entitled to his costs up to the period of such withdrawing. In this case plaintiff had withdrawn the cause after having received notice of special defence under Statute of Limitations. The clerk of the court received notice pursuant to rule more than five clear days' before the court-day, and thereupon communicated such notice to plaintiff. The JUDGE, however, held that, as the cause was withdrawn without the consent of defendant, he was entitled to his costs up to the time of withdrawal, and granted an application now made by defendant's attorney for such costs. WORCESTERSHIRE. Shipston on Stour, June 4. (Before F. TROTTER, Esq.) GREENHILL v. Davies. Practice-Special defence-Costs of notice thereof, when cause withdrawn. the plaintiff had obtained a summons after the judg. ment obtained as hereinbefore mentioned." (See secs. 98 and 99.) By this section of the Act it does not seem at all necessary that the plaintiff should make application, but it is highly necessary that the judge should, at the time of the hearing, make an order of commit. ment, in default of obeying the previous order of the Court as to paying the debt, &c. In the third recital, I think the words "by a cer. tain order, bearing date the day of should be omitted, and after the following words, "did order and adjudge," these should be inserted: "that in default of payment of the said sume of £ and £ in pursuance of the order of the said Court, the said defendant should be com. mitted," &c. Then should come a fourth recital, to this effect: "And whereas the said defendant hath disobeyed the order of the said Court, and the said sums of £ and remain unpaid to the said plaintiff." This would shew a clear connection of facts upos which the warrant is founded, which I take to be highly necessary. I have but one more remark to make, which will apply to this and the other wa rants of commitment, and it is on that part addressed to the gaoler ** to receive the said defendant and him safely to keep in the for the term of days from the arrest under this warrant." Now, it not unfrequently happens that the defendant is arrested under the warrant one, two, or three days before he is taken to gaol, and the keeper of the gaol has nothing but the assertion of the bailiff or the party as to the time of arrest. Should not the warrant rather be, "from the time of his delivery to you," instead of "from the arrest?" I think this very important to the keeper of the gaol, and to the defendant himself. If you will submit these points to the consideration of the Profession, you will much oblige Salisbury, June 4, 1847. Sir, yours, &c. W. D. WHITMARSH. COUNTY COURTS. TO THE EDITOR OF THE LAW TIMES. SIR, Observing in the current number of the LAW TIMES a report of the discreditable Chester County Court case, it put me in mind of a case which occurred in the Radnorshire County Court about ́s fortnight since. It was a solemn argument of a demurrer to a declaration filed in an action of debt com Action for goods sold and delivered. The defendant gave notice of the Statute of Limita-menced twelve months previously for the recovery d tions as special defence. When he delivered the notice the clerk charged 1s. 1d. fees for the same. The plaintiff, on receiving the notice, withdrew the cause. Travers, of Campden, for defendant, applied for the above fees on the ground that the withdrawal of the cause was equivalent to judgment of non pros.; but his Honour stated that as the cause was not before him, he conceived he had no power to order payment of same by the plaintiff. about twenty shillings! Such monstrous abuses as the above compelled the public, and also very many the wretched and expensive system which until lately of the attorneys, to call for and enforce a reform of Travers then called his Honour's attention to the 88th section of the Act, and to the hardship that would be inflicted on the defendant if the plaintiff could not be compelled to pay these costs. His HONOUR made a minute of the case, mised to give his opinion at the next Court. and pro TO THE EDITOR OF THE LAW TIMES. On Friday and Saturday, the 4th and 5th days of June, Charles Harwood, esq. the learned judge, opened his second courts. At Faversham fifty-five causes, and at Sittingbourne seventy-o -one causes, were set down for trial. Out of the foregoing numbers three summonses could not be effected in consequence of not being taken out till four o'clock in the afternoon on the last day of serving, i. e. ten clear days prior to the day of trial; the judge recommended that in future all summonses for any court day should be applied for fourteen clear days previous to the day of hearing the same, in order to afford sufficient time to the sub-bailiff to effect a perSIR,-Having occasion to issue a warrant of comsonal service, and to ascertain (where that cannot be mitment against a defendant, where he had appeared accomplished) that it had come to the defendant's and was examined at the time of hearing under sec. knowledge ten clear days before the day of hearing. 101 of the Act 9 & 10 Vict. c. 95, I found the Form There were in all about eleven causes settled to plain-of Warrant, as given-in the Rules of Practice and tiffs and paid into court. The residue of the cases Forms, No. 35, so very defective, that I am induced were chiefly amongst agricultural labourers, and the to send you one corrected according to my notion of amounts so small that orders were made to pay by its applicability, and to make a few remarks upon it monthly and weekly instalments. Similar orders in this letter for your consideration and that of other were made at the first courts he'd at the above-named clerks of courts. places. When at Faversham there were only eighteen causes, and at Sittingbourne only ten causes, set down for trial; out of which number two were struck out, two withdrawn, and about ten settled by paying plaintiffs and into court, which rendered the highbailiff's fees next to nothing. The business of the County Courts in this locality, unless greatly augmented, cannot possibly pay for the trouble and incidental expenses necessary to enable the sub-bailiff to discharge his several duties; and at present the high-bailiff has no remuneration for the responsibility of his office, his time, his trouble, or his travelling expenses, in proceeding from one court to the other in the execution of his important duties. It is to be hoped the Legislature will grant some compensation forthwith, as the high-bailiffs cannot afford to be out of pocket. I would first remark upon the second recital in the Form: "And whereas the said defendant having personally appeared to the said summons." Now there is not one word said in the previous part of the warrant about a summons, but merely that the "plaintiff, by the judgment of the said Court in a certain suit, wherein the said Court had jurisdiction, recovered against the above-named defendant," &c. and thereupon it was ordered, &c. the second recital should run, And whereas the To make the warrant consistent, it strikes me that said defendant having personally appeared to the summons in the said suit," &c. It seems also, that the words "upon the application of the said plaintiff," in the same recital, are unnecessary, as you will observe, on reference to the section 101 of the Act, "the judge, at the hearing of the cause, &c. if the judgment shall be given against the defendant, shall have the same power and authority of examining the defendant, and the plaintiff, and other parties, touching the several things herein before mentioned, and of committing the defendant to prison, and of making an order, as he might have and exercise The unavoidable absence of the plaintiff's attorney is under the provisions hereinbefore contained, in case DORSETSHIRE. Wareham, Monday, June 7. (Before EDWARD EVERETT, Esq.) SYMONDS v. HARTNELL. prevailed. not allowed to settle an action after five days before By the practice under the new Act, a defendant is the opening of the court, under pain of being exposed and called in Court, and the payment of calling-fees; nor can a plaintiff and defendant compromise after debt and costs to the clerk with a further fee on paysummons, without actually sending the amount of ing in. This part of the practice, and some other portions, call loudly for amendment. I am, Sir, &c. June 7, 1847. STUDENS. APPOINTMENTS UNDER THE COUNTY COURTS ACT. An address has been moved by Sir F. Thesiger for a return of all the judges, clerks, and other officers Appointed under the Act 9 & 10 Vict. c. 95, intituled "An Act for the more Easy Recovery of Small Debts and Demands in England;" and of the courts to which they have been respectively appointed, distinguishing in such return the judges, clerks, and other officers who have been newly appointed under the said Act, from the judges, clerks, and other officers who held any offices in local courts existing at the time of the passing of the said Act; and in these latter cases specifying whether the judges are barristers or attorneys, and the names of the offices so previously held; together with a return of the remuneration which has been awarded or agreed to be awarded to any of such judges, clerks, or other officers. 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 been pleased to appoint Charles Anderson, esq. to be Chief Commissary of Police for the Island of Mauritius, and T. J. Hugon, esq. to be Protector of Immigrants into that island. The Queen has been pleased to appoint John Morgan, esq. to be her Majesty's Consul at Rio Grande do Sul. The Queen has been pleased to appoint Assaad Jacop Kayat, esq. to be her Majesty's Consul at Jaffa. The Queen has been pleased to appoint Sir Henry Edward Fox Young, knt. Lieutenant-Governor of the Eastern Districts of the Colony of the Cape of Good Hope, to be Lieutenant-Governor of the Province of South Australia. The Lord Chancellor has appointed John Clerevaulx Fenwick, of the town of Newcastle-uponTyne, gent. and Eyles Irwin Caulfield Browne, of Kidderminster, Worcestershire, gent. to be Masters Extraordinary in the High Court of Chancery. The Lord Chancellor has appointed William Henry Ashton, of Stockport, gent. to be a Master Extraordinary in the High Court of Chancery. The Lord Chancellor has been pleased to appoint Thomas Davies, of Builth, in the county of Brecon, gentleman, to be a Master Extraordinary in the High Court of Chancery. COMMISSION BY THE LORD-LIEUTENANT OF NORTHUMBERLAND.-The Hon. Harry Cavendish Grey to be Deputy-Lieutenant, May 12. NEW MAGISTRATE.-DENBIGHSHIRE.-At an adjournment of the Easter Quarter Sessions of the Peace for the county of Anglesea, held at Beaumaris, on Thursday, the 27th of May last, before the Rev. Hugh Davies Owen, D.D. and Edmund Edward Meyrick, esq. John Fullerton, of Carreglwyd, Anglesea, and of Thrybergh Park, Yorkshire, esq. and Stephen Roose, of Glanydon, esq. were qualified to act as justices of the peace. 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 this evening (June 8th) sworn in before several of the benchers :Edward Leigh Pemberton, esq. B.A.; Alfred Coope, esq. Richard B. Turner, esq. M.A.; Thomas A. Marsden, esq. M.A.; Samuel B. Gray, esq. William N. Warren, esq. M.A.; Ebenezer Hay, esq. M.A. GRAY'S-INN, June 9.-Richard Edward Arden, esq. and Matthew Combe, esq. were this day called to the degree of Barrister-at-Law, by the Hon. Society of Gray's-inn. COURT OF QUEEN'S BENCH. TRINITY TERM.-10TH VICTORIA. JUNE 3, 1847. This Court will, on Monday the 14th, Tuesday the 15th, Wednesday the 23rd, Saturday the 26th, and Wednesday the 30th days of June instant, and on Thursday the 1st, Friday the 2nd, and Saturday the 3rd days of July next, hold sittings, and will proceed in disposing of the business in the Crown Paper, the New Trial Paper, and Special Paper; and will also hold a sitting on Wednesday, the 7th day of July next, and give judgment in cases previously argued. BY THE COURT. COURT OF EXCHEQUER. TRINITY TERM-10TH VICTORIA.-JUNE 1, 1847. The Court will hold sittings on Friday, the 18th day of June instant, and on every following day thenceforth (Sundays and Wednesday, the 23rd of June instant, excepted), until and including Thursday, the 8th day of July next; and at such sittings will proceed in disposing of the business then pending in the Paper of Demurrers, and in the Paper of New Trials, together with all motions appointed to be brought on with any cause standing in the New Trial Paper; and also in giving judgment upon the special cases, rules, and motions then standing for judgment. BY THE COURT. EDW. BENNETT. June 3, 1847, read in open court, on-Tyne; Cumberland, Monday, August 2, at Carlisle; Westmoreland, Thursday, August 5, at Appleby; Lancashire-Northern Division, Saturday, August 7, at Lancaster; Southern Division, Wednesday, July 11, at Liverpool. NORFOLK CIRCUIT.-Mr. Justice Patteson and Mr. Baron Alderson, the judges appointed to proceed on this circuit, also yesterday finally fixed the days for holding the assizes comprised in the circuit, viz.: for Buckinghamshire, Friday, July 9, at Buckingham; Bedfordshire, Tuesday, July 13, at Bedford; Huntingdonshire, Friday, July 16, at Huntingdon; Cambridgeshire, Saturday, July 17, at the County Courts of Cambridge; Norfolk, Wednesday, July 21, at Norwich Castle; City of Norwich, the same day, at the Guildhall of the City of Norwich; Suffolk, Tuesday, July 27, at Ipswich. NORTH WALES AND CHESTER CIRCUIT.-Mr. Justice Maule, who proceeds on this circuit, has appointed the days for holding the assizes in and for the several counties comprised in this portion of the principality of Wales, and will afterwards join Mr. Justice Cresswell, the judge appointed to proceed on the South Wales Circuit, at Chester. The latter judge has not finally fixed his days for holding the assizes. The following are the days fixed by Mr. Justice Maule :-Montgomeryshire, Tuesday, July 13, at Newton; Merionethshire, Friday, July 16, at Dolgelly; Carnarvonshire, Monday, July 19, at Carnarvon; Anglesea, Thursday, July 22, at Beaumaris; Denbighshire, Saturday, July 24, at Ruthen; Flint. shire, Wednesday, July 28, at Mold; Cheshire, Saturday, July 31, at the Castle of Chester; City of Chester, the same day, at the Guildhall of Chester. QUESTIONS AT THE EXAMINATION, Trinity Term, 1847. I. PRELIMINARY. Where, and with whom did you serve your clerkship? State the particular branch or branches of the law to which you have principally applied yourself during your clerkship. Mention some of the principal law-books which you have read and studied. Have you attended any and what law lectures? How has the Act of 3 & 4 Vict. c. 24, affected actions of trespass on the case? What is the course of proceeding requisite to prevent the Statute of Limitations running against a debt? How soon may the successful party enter up judgment after trial? Mention the different periods. What are now the several periods of limitation for the recovery of different kinds of debts? Within what time must a motion be made to set aside an award? What is the present practice on cross issues as to costs, and what must be sworn in the affidavit of increase for the party having the general costs, and what for the party having succeeded on some of the issues to get the allowance for their respective witnesses? Is it necessary in any and what cases previous to the commencement of an action, to make a request or demand, or give notice to the opposite party, for completing the cause of action? of attorney above one year and under ten years, and What is required to enter judgment on a warrant what above ten years?" By what course of proceeding is secondary evidence made admissible? What costs is a pauper entitled to if he recovers a verdict, and what is he liable to pay if the verdict is against him? In an action upon a deed where the execution is required to be proved and the attesting witness is dead, how is the plaintiff to prove the execution? liable in respect of a messuage so let to him? To what dilapidations is a tenant from year to year How would proceedings be affected by death of a plaintiff after declaration and issue? And how after trial and before judgment? And how after judgment and before execution? And what must be done in consequence? Must a notice to quit be in all cases in writing, and at what period should it be given and expire? In what cases may the judge certify to deprive the plaintiff of costs, and when and how must his certificate be obtained? III. CONVEYANCING. State briefly the different kinds of estates of freehold and estates less than freehold. State briefly the different titles or tenure under which real estate is ordinarily acquired, and the deeds or assurances by which it is now ordinarily conveyed by vendors to purchasers. SUMMER CIRCUITS, 1847. NORTHERN CIRCUIT.-The Lord Chief Baron of the Court of Exchequer, Sir Frederick Pollock, knt. and Mr. Justice Wightman, the judges appointed to proceed on this circuit, yesterday finally fixed the days for holding the assizes in and for the several counties comprised within the circuit, viz.: for York- What was formerly considered a sufficient title to shire, Saturday, July 10, at the Castle of York; an estate in fee simple: and has any, and what, City of York, the same day, at the Guildhall of the change taken place, and by what Act or Acts within said City; Durham, Saturday, July 24, at Durham; the last twenty years, to simplify and shorten titles Northumberland, Thursday, July 29, at Newcastle-with reference to length of possession? State briefly what you consider to have been the intention, and what the effect, of the Statute of Uses? A. contracts to hold Black Acre to the use of B., to the use of C. What is the effect of such a limita tion, and what are the respective interests of B. and C. resulting therefrom? Explain the nature and operation of the convey. ance long in general use, viz. lease and release. As the law now stands, is the mere delivery of a deed of conveyance sufficient to pass the freehold of the land comprised therein without livery of seisin or other formality? and what are the words of the sta tute 8 & 9 Vict. on that point? Before the 3 & 4 Wm. 4, c. 74, whose concurrence was necessary to enable a tenant in tail in remainder expectant on an estate of freehold to bar the entail? and whose concurrence is now necessary for the same purpose? What is a base fee? How is it created, and what its effects and operation? As the law now stands, are trustees to preserve contingent remainders necessary? Explain their use in settlements. What is the present law as to satisfied terms? and what do you consider the proper practice as to assigning them or not, and why? By what title can a copyholder acquire, and by what assurance or assurances can he pass his estate to a purchaser or mortgagee, and is there any, and what, difference in the form of assurance to a pur chaser or mortgagee? State the law against perpetuities, and what is the present restriction on accumulations of income? A lady seised of freeholds, possessed of personalty, and with various debts owing to her, marries. What interest and control does her husband acquire by marriage in and over the freeholds, personalty and debts owing respectively during the coverture, or in the event of their having no child, and his surviving heir ? Explain the doctrine of "possessio fratris." Has the Law of Descents with reference to the half-blood undergone any recent change? IV. EQUITY AND PRACTICE of the COURTS. What is the difference between the remedy afforded by the jurisdiction of Courts of Equity, and that by the Common or Statute Law, as respects matters in contract? What are the principal matters in which Courts of Equity have practically exclusive jurisdiction and power to afford relief? In what cases have Courts of Equity either no jurisdiction, or decline to exercise it? What are the principal maxims or rules which govern Courts of Equity? What are the several Courts of Equity, and what appeals lie from them respectively? What is the course of proceeding to obtain relief in equity? and before whom can answers be sworn? What time is allowed for answering original bills, What advantage in respect of evidence has a plaintiff in equity compared with one at common law? What is meant by the adjustments between creditors and legatees, and between debtors and creditors, made by Courts of Equity, and commonly called marshalling of assets and of securities? Is a creditor entitled to any, and what costs, of establishing his debt before the Master? office after the copy title and ordering part of decree What is the first usual proceeding in the Master's have been left, and what is done thereupon? What evidence can be received by the Master after issuing warrants on preparing his report? in a suit, and what are the duties of a receiver. Is any, and what security required from a receiver Will the Court appoint a guardian and maintenance for an infant without suit, in any and what cases? What does the Accountant-General require to authorise him to transfer stock out of court? V. BANKRUPTCY AND PRACTICE OF THE COURTS. an adjudication of bankruptcy? What are the facts to be proved in order to obtain Is any, and what, protection afforded by commis. persons who are not traders, or being traders, owe a sioners of bankruptcy, and under what authority, to limited and what amount, and how is such protection to be obtained, and under what authority? If a member of Parliament be liable to the Bankrupt Laws, what proceedings must be taken against him? What are the consequences to a member of Parliament found bankrupt? By what means, since the abolition of arrest, can a compulsory act of bankruptcy be obtained? If the petitioning creditor's debt should be insufficient, is the fiat void, or what course can be adopted to sustain it? By whom are assignees chosen, and is there any and what power of setting the choice aside? What is the effect of the bankruptcy with regard to debts due to the Crown? THE BANKRUPTCY BILL. WHY such haste in the passing of this mangled measure? Why hurry through the Parliament, in the last days of its existence, when there is neither leisure nor inclination to scan the merits of the scheme, a Bill avowedly temporary? No single object is to be gained by it in the way of law reform; it will bring with it all the mischiefs of change without the benefits; it is, in short, one of those makeshifts of which the history of Bankruptcy legislation is so rife, and which have reduced the law to the condition of imbecility, that has made it the reproach of our jurisprudence. Why, then, this hurrying onward of an addition to the incongruous mass? provisions. Another year cannot be permitted to pass without at least an effort to carry out an object so universally demanded. With such a prospect, what folly is it to introduce the inconveniences that attend all changes, however excellent in themselves, by the passing in haste a measure which is to be again repealed twelve months hence, giving to the Profession and the public the trouble of learning a new law, with the full knowledge that, ere it is quite familiar to them, it is to give place to another novelty. There is no greater mischief than make-shift laws. Nothing will excuse them but the presence of temporary ills demanding special remedies. To apply to a permanent defect in the law, or its administration, a surface cure, and avow that it is not intended to be a healing measure, is a gratuitous folly which we trust the Legislature will not be lulled into sanctioning; but that some member of the House of Commons, if it be now too late in the Lords, will take the trouble to ask the postponement of this Bill until the next session may afford an opportunity for maturing a perfect code; and it is well known that, during the last weeks of an expiring Parliament, anything in the shape of a show of resolute opposition will secure the rejection of a bill not freighted with the favour of a party or the cheers of the public. PROSECUTING JUDGES. AT various times most of the judges have warmly expressed their disapproval of the practice forced upon them, by the falsee conomy of counties, of appearing at once as prosecutor The avowed purpose of the pending Bill is and judge; called upon to conduct the case as the abolition of the Court of Review; a de- counsel against the prisoner, and at the same sirable measure as part of a complete code of time to carry out the legal fiction of being bankruptcy, but in itself, and by itself, of no counsel for him. If judges were angels inimportance whatever. Nothing is to be gained stead of men, they could not discharge two by the change either in cost or convenience. such opposite functions; and therefore, conThe Court of Review is undoubtedly a useless scious of the impropriety of their position, court; it is universally condemned by the Pro- many of them have publicly protested against fession, by the merchants, by the Commis- the injustice, in the hope that those who have sioners, by all who have given evidence upon the power would apply the remedy. the subject. Its functions might have been better discharged by a Court of Appeal, constituted like the Court of Error at common law, by all the commissioners except the one whose judgment is questioned. If the pending measure merely abolished this useless court, it might be excused; there would be something gained in the saving of twelve months' cost of it. But this Bill does no such thing. It makes the change without the slightest advantage to anybody. Sir J. K. BRUCE will cease to be the chief judge in bankruptcy, but the Chancellor is to appoint one of the Vice-Chancellors to fulfil the same duties; that is, Sir J. K. BRUCE is to do, under the name of Vice-Chancellor just that which he now does under the name of Chief Judge! Nor is there to be any saving in the machinery to justify the change. The establishment of the Court is to be maintained. Mr. AYRTON is still to have his 1,2007. a year, as Chief Registrar, and Mr. VIZARD his 1,000l. a year as Registrar. We would not deprive these excellent officers of a farthing of their salaries, but we would have them more usefully earned. They may be put to occupy other posts, either in town or country, where the work will be in some degree proportioned to the pay. Or they might be employed as a sort of peripatetic Commissioners, to conduct the extra courts which the Bill empowers the Chancellor to establish in the remoter districts of the metropolis. But still the question returns, why this measure at all? The Lords' Committee has reported in favour of an entire revision and codification of the Law of Bankruptcy and Insolvency, taking as its basis an abolition of the absurd distinction between them at present recognised. All within and without the doors of Parliament are agreed that a code must be framed, though they differ slightly as to its Thus Mr. Justice COLERIDGE, in a case reported in 1 Cox's Criminal Cases, 48, said, "A judge ought never to be put to prosecute.' And Mr. Justice CRESSWELL, in Reg. v. Hezell (1 Cox's Crim. Cases, 348), said, "It is most unseemly for a judge to be called upon to act as prosecutor, instead of holding the scales between the parties." And Mr. Justice MAULE, at the late assizes at Reading, remarked :-"The fiction of law in criminal cases is, that the judge is counsel for the prisoner; but here it is sought not only to upset and reverse that doctrine, and make me counsel for the prosecution, but to throw the whole burden of the prosecution on me. But I will not do it. It is indecent. I will be counsel for the prisoner; and let the depositions be handed to some counsel to conduct the prosecution." And we find in a report of the proceedings at the Central Criminal Court on Wednesday last a similar declaration of opinion on the part of Mr. Justice PATTESON. It is thus related : Upon the learned JUDGE taking his seat, and referring to the list of the cases that were to be disposed of, he inquired whether any learned counsel were engaged to conduct the cases of manslaughter that were to be tried, and, on his being answered in the negative, he observed, that it was very improper not to employ counsel in such cases, and thus to cast upon the judge, who knew nothing at all about the case, the duty of wading through the depositions to bring out all the necessary facts. ascertaining the facts, and was obliged to act both as counsel and attorney in the case. PATTESON, J. said, that if the low scale of fees were really the reason why cases were not prosecuted in a proper manner, it was time that the proper par ties should revise those fees, because, at present, justice really was not done. They must now endeavour to get on as well as they could; but he did hope that the system would be altered, and that in such serious cases as those now before him, counsel would be employed to conduct them in a proper manner in future, Among the Judges, indeed, there is entire unanimity on this subject; but at the Quarter Sessions there is no such scruple of conscience. That which the Judge, trained to the difficult task of impartially weighing evidence, fears to undertake, the Justice, untaught in the art of judging, hesitates not to do; and you may see him playing the double part of Prosecutor and Judge, and dealing out sentences of transportation for the half of a man's whole life with all the confidence and self-satisfaction of one who believes himself a benefactor to his country and assured that he is a paragon of magistrates. And so he endeavours to be; but he cannot accomplish his design. It is impossible for him "to hold the balance even between the parties," and represent the prosecutor and protect the prisoner at the same moment: it is impossible for a man not to be biassed in favour of his own side and against the other. But the language of the Judges, argument and entreaty, have been addressed to the Magistrates in vain. They persist in presenting to the public the spectacle of Prosecuting Judges. Whether it be from false pride or false economy, the result is equally noxious; and it is the duty of the Legislature to interfere to compel those of them who will hear neither reproof nor reason, to interfere to compel the transfer of the duty of prosecuting prisoners from the Bench to the Bar. Since the above was written, we have read with very great pleasure the following powerful article in the Times on this subject; and we rejoice to have the giant aid of our contemporary in the furtherance of an object which we have been strenuously urging for four years past: Economy in the administration of justice is one of the most reasonable demands of the age. But cheap ness is out of the question, however low the nominal cost, if the article it affords is valueless. A blind retrenchment of expenditure may be as ruinous as the utmost prodigality, and the refusal to incur a moderate outlay in judicial proceedings may be carried so far as to prove altogether fatal to the vitality of justice. We should be sorry to see justice starved to death by pushing to too great an extent the experiment of how little it can be brought to subsist upon. The evil to which we have been alluding was the subject of remark by Mr. Justice Patteson on Wednesday, in the Central Criminal Court, when he of judge and counsel. In some important charge of found himself called upon to perform the double office manslaughter no barrister had been employed for the prosecution, and the learned dignitary on the Bench was compelled to lay aside the duty of hearing the case, while he occupied himself in reading it. His Lordship very properly complained of being obliged to perform a task so perfectly distinct from the province of a judge, and indeed so utterly at variance with the recognized character of the office. The rule of law which represents him as the prisoner's counsel is altogether demolished when the task of conducting the scale of fees will not admit of the business being the prosecution is thrown upon the judge, because done in a proper and efficient manner. There is, however, something beyond mere indecency in the practice of which we complain, for it causes, on many occasions, an absolute failure of justice. A divided duty can never be efficiently performed, and a judge who attempts to try a prisoner and prosecute him at the same time must be deficient in the impartiality required for the former task, or in the zeal demanded for the accomplishment of the latter. A case in point was not long in occurring to demonstrate the truth of Mr. Justice Patteson's reBallantine said, that other learned judges had fre- mark, for when a trial for manslaughter was about to that the inconvenience could never be remedied until a vast mass of depositions on which no professional quently made the same complaint, but he believed commence, he found himself obliged to wade through the present scale of expenses allowed by the Court assistance had been retained to render the rudis indiunderwent revision. At present the allowance was gestaque moles clear and intelligible, by rejecting of so niggardly a character, that no respectable soli- whatever was superfluous, and putting in order the citor would undertake to conduct a case, and all that materials that were relevant. The task had therefore the officer of the Court could do was to place the de- to be performed, or rather attempted, by the judge, positions in the hands of some counsel before the case who ought to have had all the facts regularly and thus, at five minutes' notice, he was unravelled before him, so that he might have called upon to prosecute, but he had no opportunity of followed the threads, instead of having to extri came on, proposed that the same principle should be extended which it was taken, it might be a very bad one in the Over The Earl of DEVON observed that it was of the highest importance that a branch, such as his noble and learned friend in the chair had alluded to, should be established; for he was persuaded it would prevent much of that crude legislation which they had all often witnessed with regret. Notwithstanding this society had already been of great advantage to the country, its objects and aims had been greatly misconceived and misrepresented. It had been accused of encouraging hasty legislation, when, in fact, its objects and effect had a decidedly opposite tendency, and, indeed, were the means of preventing hasty legislation. For these reasons he had much pleasure in moving a resolution approving of and appreciating the advantages likely to arise out of an unprejudiced and continued investigation of the defects in the laws and legal institutions of the country, and of the best means of remedying them. Lord RADNOR having briefly expressed his hearty concurrence in this resolution, The CHAIRMAN put it to the meeting, and it was carried unanimously. rious in their operations; and he had become a member of this Society because he thought it well calcu lated to remedy the great evil. After dwelling at some length on the state of the law of debtor and creditor, his lordship concluded by moving the following resolution :-viz. "The representation of the bankers, merchants, and traders of the city of London, on the operation of the recent laws respecting imprisonment for debt, are deserving of respectful attention; and without pronouncing any opinion thereupon, it is manifest that as the experience of the working of these important alterations in our system may have shewn defects, and suggested remedies, there can be no reason against taking the whole mat ter into further consideration, with the benefit of that experience." Mr. HAWES (brother of the member for Lambeth) seconded the resolution, and commented upon the law of debtor and creditor, stating, as a proof of its objectionable character, that of the insolvents in London who went through the Bankruptcy Court, ten out of every eleven the public never heard of. It had been ascertained that the yearly amount of insolvency in England was no less than 50,000,000l.; and the reason why so comparatively few insolvents were proceeded against in the Bankruptcy Court, was the troublesome and expensive nature of the proceedings. The CHAIRMAN then put the motion to the meeting, and it was passed nem. con. The Duke of RICHMOND moved the next resolution, and expressed his satisfaction in being a member of the Society, and his desire to assist in promoting its success. He agreed in all that had been said with respect to the objectionable state of the law, and was anxious to shew his approval of those who directed their attention towards that point; therefore he had great pleasure in moving, as the opinion of the meeting, "That the labours of the committee appointed by the House of Lords to inquire into the criminal law, had been of great public benefit, more especially in directing attention to the question whether the principal object of the law should not be the reformation of the criminal, and not be confined to the deterring from crime." Mr. Serjeant D'OYLEY having seconded this resolution, it was put from the chair, and carried unanimously. Mr. BETHELL, in moving the next resolution, signified his approval of the Society's objects, and the good results he anticipated would be produced by its operations. The resolution was as follows-"That this meeting declares its entire adoption of the following sentiments which Lord Lyndhurst, when Lord Chancellor, is reported to have addressed to the House of Lords-As far as the great charities are concerned, the Court of Chancery is a tribunal without exception, in some respects; but even in regard to these it is impossible not to feel that enormous expenses are incurred; in the case of charities of moderate amount ruinous expenses are incurred; but with respect to the smaller charities, the doors of the court are absolutely closed against them;' and this meeting expresses its earnest hope that this subject will receive the early attention of the Legislature." it had erred. He regarded the abolition of the Lord EBRINGTON then moved the second resoluimprisonment for debt as an important improvement of tion, to the effect that the expense and delay insepathe Law; but in its working it was found to operate as rable from the present method of inquiring into the a great hardship on the creditor. The former law title to land, and the present forms of conveyance, operated more grievously on the debtor. The mer- impeded the transfer of landed property, greatly dechants, bankers, and citizens of London had peti-preciating its value, and operating as a social evil. tioned against the law. Although he should carefully The meeting had, therefore, observed with pleasure consider their objections to it, still his opinion was in that her Majesty's government had appointed comits favour. But, after all, the law was only an expe- missioners to inquire into the subject, which, it hoped, riment. No one could say he had so much circum- would receive the searching and unbiassed investigaspection as to know all that might occur after the tion its importance demanded. In proposing this Legislature had passed an Act. Cases frequently resolution his lordship observed that he trusted the occurred the very day after an Act was passed which Society would turn its attention to the subject of the developed someting connected with its working law as bearing on the sale of leasehold property. The that had never been thought of before. If the great expense attendant on the sale of landed property, Mr. Commissioner FANE, in seconding this resoLegislature had been wrong in passing that Act, and the cumbersome and vexatious regulations which lution, regretted the absence of his learned friend it was their duty to retrace their steps. If, in the parties were obliged to go through, often prevented Sir Fitzroy Kelly, who had been unavoidably pregiving this great relief to the debtor, any of those sales of small amounts of landed property which vented from attending the meeting. Having been guards had been omitted that might have been would otherwise change hands. A great inconve- withdrawn from the Court of Chancery for so many employed for the safety of the creditor, this was nience was thus done both to sellers and buyers. It years, he was afraid he should be unequal to the task the time, when experience had pointed out the appeared from the statements of Mr. Senior, that in he had undertaken. In the absence of better eloerror, to adopt a remedy. His own opinion re- France and Italy, and other parts of the continent, quence, he would rely on the eloquence of facts which mained still the same upon this question. He land was worth forty-five years' purchase, whereas in had lately come to his knowledge, and he was sure differed entirely from the petitioners, but he was this country it was only deemed worth thirty years' they would carry more weight with them than anywilling to re-consider the law in order to profit by purchase. The reason of the reduced value of land thing he could say. In one instance which had come experience. Lord Lyndhurst, one of the members of here was the vexatious and expensive process which under his notice, a London banker had shewn him a the Society, had been very much opposed to the had to be gone through before it could be transferred case in which the bill was filed in 1828, and now, abolition of imprisonment for debt, but he was obliged from one proprietor to another. The real property of nineteen years having glided by, he was no nearer to to give way to the overwhelming mass of evidence of England was rated at 60,000,000l. a year, which at justice; yet the banker was rich enough to pay for the evils of that system. The House of Lords were thirty years' purchase would make its value180,000,000l. | justice. Another London banker, equally rich, had informed by petition that twenty-five people were while the same extent of land on the continent at stated to him a case where the bill was filed in 1807, confined in a place ten feet square, without any bed, forty-five years' purchase would bring 270,000,000l. and he, too, after forty years, was still waiting for not even straw or water. The House was alarmed at making a difference against English land, from the justice; but this was an Irish court. To what was this statement, and the Legislature, in consequence, vexatious and expensive conditions annexed to its this attributable? To the system of tossing the passed an Act abolishing all arrests, either on exe- transfer, of no less than 90,000,000l. After a few suitor from the judge to the master, and the master cution or mesne process under 201. This Society other observations his lordship concluded by again to the judge, again and again, a system of appeal abhad had nothing to do with that measure. If that moving the resolution, which was seconded by Mr. solutely endless. He then read from a letter addresAct had come through the Society it would have been JAMES STEWART, and carried unanimously. sed to Lord Cottenham, by a most respectible solicicarefully examined and deliberated upon by a comtor-"In a suit which I had the misfortune to be mittee; it would have been thoroughly sifted before obliged to institute in the Court of Chancery, about it came before the Legislature, and guards would fourteen years ago, and just ended, assets were rehave been inserted in it for the protection of all alised to the amount of more than 3,7001. and the parties. The last point to which he would direct whole, except about 3837. had been spent in litigaattention was the great improvement which would be tion." He then read from a pamphlet lately adeffected in the legislation of the country by having dressed to Lord Lyndhurst by a London solicitorselect boards of professional men appointed to pre"In our own practice we were concerned for a pare public Acts of Parliament. Unless one and the specialty creditor in a suit, where 2,500l. were got same board prepared those Acts, he defied the wit of in, and after payment of costs, the sum of 351. only man (even if forty instead of four judges sat in each was left for division among the specialty creditors." court upon them, and perhaps forty would only make He would trouble the meeting with only one more the matter worse) to understand them. Acts of quotation, but it was from a joint letter signed by Parliament were now drawn mechanically by steamtwo solicitors, both of high standing, one of London, they were made with the scissors. A man cuts out a the other of Newcastle, and addressed to a member clause from one Act, and embodies it in another, and of Parliament-"We have made extensive enquiries, although it might be a good clause in the Act from and cannot learn that any litigated case of partner Mr. HUME moved the next resolution, and expressed his strong disapprobation at the present mode of legislation; at the same time he entirely approved of the objects of this Society. The hon. member concluded a lengthy speech by proposing a resolution, the purport of which was, that the meeting had seen with pleasure the recent attempts to improve the mode of conducting the private and local business of Parliament; and it trusted those efforts would be persevered in until a complete remedy for the evils so long complained of was obtained. Mr. EWART warmly supported the resolution, which, like the others, was carried unanimously. Lord ASHBURTON, in moving the fourth resolution, observed that the Acts of Parliament were got up in a confused and unintelligible manner, altogether discreditable to the Legislature, as well as inju ship account ever came out of the Master's office, though many such are sent in every year." The learned Commissioner then concluded by saying that such statements were in themselves arguments in favour of the resolution not to be controverted. The resolution was unanimously adopted. Lord BROUGHAM having left the chair, a unanimous vote of thanks was passed to his lordship for his continued attention to the objects of the Society on all occasions, and particularly for the kindness and ability with which he had fulfilled the duties of chairman on the present occasion. The meeting shortly afterwards broke up. CORRESPONDENCE. MORTGAGE TRANSFER STAMP. THE LAW TIMES. SATURDAY, JUNE 12, 1847. SIR,-I beg to refer you to No. 212, vol. ix. of the LAW TIMES, as to the report of the case on the stamp to be used in a transfer of mortgages, viz. Humberstone and Another v. Jones, which was a question on the stamp for a transfer of an old mortgage, and a further advance. The decision of the Court was, that the rule should be absolute, or a new trial granted, on payment of costs. Now as the practice here has BANKRUPTCY AND INSOLVENCY. been to take the stamp on the additional advance THE Lords Committee have made a report only, and many mortgages are by this decision put in jeopardy, it is desirable to know what was done in upon the Bills submitted to them, which, from this case-whether the plaintiff consented to a non-its great importance, we insert below. There is suit or paid the costs and commenced a new suit, and much in it, upon which all who have taken an has such new trial taken place? I shall thank you interest in this question may congratulate for some information on this point. themselves. I am, Sir, yours, &c. CHARLES COWDERY. The Committee express a strong opinion in favour of the proposition which, hitherto, Newport, Isle of Wight, June 9. [We should be obliged if any of our readers could we have stood almost alone in advocating inform us of this.-ED. LAW T.] Heirs-at-Law, Next of Kin, &c. Wanted. [This is part of a complete list now being extracted for the LAW TIMES from the advertisements that have appeared in the newspapers during the present century. The re ference, with the date and place of each advertisement, 869. WILLIAM SCOTT, Esq. of Serjeant's-inn, Fleet-street, the abolition of the absurd distinction between The Committee recommend, however, that The abolition of the Court of Review. That power be given to the LORD CHANCELLOR to appoint other Courts for the London Districts, besides those in Basinghallstreet. The transfer of the duties of the Country 871. NEXT OF KIN of ANN RICH, of Bristol, spinster (died Insolvency Courts to the judges of the County in 1778), living at the time of the death of Thomas 872. DAVID M'CANN, who, in August 1839, lived at 6, Gray's RADFORD, of Camphill, near Birmingham, died in August 1829. 874. The person or persons who would have been NEXT OF KIN of ELLEN FISHER, on the 8th of March, 1837, then the wife of John Fisher, esq. of Lytham, Lancasshe had then died a feme sole and unmarried, or their 875. NEXT OF KIN of HENRY WILLIAM BATEMAN, forof Marlborough, and afterwards of Woodstock (died 1st of April, 1825); and of Ann Bateman, spinster, of ANN BATEMAN, widow of the above-named H. W. ter, deceased (formerly ELLEN BALSHAW, widow) if representatives. merly of Blenheim Park, Oxford, servant to the Duke his sister, died 24th of Jan. 1834. Also NEXT OF KIN Bateman. 876. CERTIFICATE of the MARRIAGE of JOHN HORSPALL DIXON, and MARGARET HACKETT, supposed about the year 1832. 877. GERARD BARRY, who served with the British Legion in Spain. Something to advantage. 878. WILLIAM JONES, nephew of Deborah Ellis late of Overton, Flints, deceased, widow of Thomas Ellis, of 879. NEXT OF KIN of WILLIAM JACKSON, the elder, late of Adsbaston, Stafford, gent. (died Aug. 1823), or Knolton, Overton, aforesaid. A handsome legacy. their representatives. 880. NEXT OF KIN of MARY POUNTNEY, of Gerard-street, Soho, Middlesex (died 23rd August, 1825), or their representatives. 881. NEXT OF KIN of CORNELIUS QUINTON, Esq. formerly of Havant, Hants, and afterwards of Bishop's Teignton, a rear-admiral in her Majesty's navy (died April 1838), or his representatives. 882. The ISSUE of JOHN WALPOLE, and JOSEPH WALPOLE (nephews of Richard Walpole), supposed to have formerly resided at Stamford, in Lincolnshire. Something to advantage. (To be continued weeky.) SCALE OF CHARGES FOR ADVERTISEMENTS. 205 0 Under 50 Words.............. For every additional Ten Words. 0 0 6 Advertisements from the Country should be accompanied Courts. Committee, therefore, have abstained from entering into that inquiry, but earnestly recommend this important subject to the favourable consideration of the House in the next session of Parliament, entertain. ing the hope that such assimilation may, under due guards and modifications, be found practicable. "The Committee, however, are of opinion that there are some matters connected with the Bills referred to them which ought not to be delayed, and which may properly be provided for during the present session. "It having been found unnecessary to continue the Court of Review in Bankruptcy as originally consti tuted, the jurisdiction of that Court is now exercised by one of the Vice-Chancellors, though not in that character but as a judge of the Court of Review. "The Committee are of opinion that the Court of Review ought to be abolished, and the jurisdiction now belonging to it ought to be exercised by such of the Vice-Chancellors as the Lord Chancellor may from time to time appoint for that purpose. "Much inconvenience has been found to arise from the extent of country subject to the jurisdiction of the London Court of Bankruptcy. In the country districts the Lord Chancellor, to prevent similar inconvenience, has the power of appointing different places within each district in which the Court is to be held. The Committee are of opinion that the Lord Chancellor should have a similar power within the Londes district, doubts having been suggested whether he has this power. "The circuits of the Commissiom under the Iasolvent Debtors Acts are attended with great loss of time and great expense in travelling, and yet do not afford adequate means for the executing of the object of those Acts. The appointment of judges in the County Courts afford a ready remedy for the evil; and formed by the Commissioners upon the circuit should the Committee recommend that all duties now per. in future be performed by the Judges of the County Courts. "It having been found inconvenient in the present state of the law that the insolvent jurisdiction given by the late Acts in bankruptcy should be exercised by the Commissioners, the Committee are of opinion that snch jurisdiction should for the present be removed from the Commissioners in Bankruptcy, and that any vacancy which may occur in the London Court of Bankruptcy or the Court of the Insolvent Debtor mination of the next session of Parliament. Commissioners should not be filled up before the ter "The Committee consider these subjects as of great importance to the due administration of the law, and recommended them to the serious consideration of the House." METROPOLITAN AND PROVINCIAL LEGAL ASSOCIATION. WE had prepared some remarks on the eplanations given by our contemporary, the The temporary removal of the Insolvency Legal Observer, of the reasons why the Incor jurisdiction from the Commissioners of Bank-porated Law Society has so failed in the objects ruptcy. for which it was originally established as to We trust that, previously to the next session, necessitate the formation of another Society, a great and unanimous effort will be made by but the length and urgency of the Reports, all-Legislators, Lawyers, and Merchants and especially of the great case of the Term who have taken up this question in any shape, compels its postponement. We cannot, howto agree upon a measure which shall be pre-ever, admit the sufficiency of the apology, sented as a sort of Code of Insolvency. Instead especially with the memory full before us of of a Merchants' Committee, and a Lawyers' an article which appeared in our contemporary Committee, and a conclave of two or three not many weeks since, in which he strongly Legislators, each sitting apart and framing its recommended the Profession to be content own scheme, let all form one Society for this with the efforts of the existing established specific purpose, and by joint discussion and Society, and not to aid in the formation of any be put into shape by some competent draughts- sent approval of the new Society, it is for him deliberation arrange the skeleton of a law to new one. How to reconcile this with his pre man. The Government, the LORD CHANCELLOR, and the Parliament, would gladly accept any measure proceeding from such united counsels. Will the Merchants' Committee propose such junction? Sure we are that it would be readily acceded to by the Lawyers. a to explain. We always receive with respect whatever proceeds from our contemporary, because we believe that he is, as ever he has been, sincerely desirous of the welfare of the Profession, and ready to aid its advancement; and the Profession are indebted to his services for many The following is the report from the Select Com-advantages. His age and experience, too, are "The Committee are of opinion that the provisions "An inquiry necessary to lead to a satisfactory re we are anxious to know what has changed his entitled to be taken into account, and therefore opinion upon the question as to the sufficiency of the old Society, and the necessity for a new one. REPEAL OF THE CERTIFICATE UPON Consultation with experienced per sons, it has been recommended that the peti tions, of which we have so many, should not useless to moot the subject now, but rather to wait until the new Parliament, when they may with an order upon the Agent in Town, or a Post-office sult upon this important subject would, in the opinion be presented this session-it being deemed |