Warwick (Knightlow hundred).-Number of petty sessions districts, 4; population, 56,643; number of constables, all classes, 48; amount paid to the county police-rate, 2,9521. 19s. 4d. Expenditure for 1846: pay and allowances, 2,5921. 10s.; incidental expenses, 5691. 5s. 10d.; total, 3,1617. 15s. 10d.

Westmoreland.-Number of petty sessions districts, 2; population, 24,452; number of constables, all classes, 2; amount paid to the county police-rate, 2921. 119. Expenditure for 1846: pay and allowances, 1621. 105.; incidental expenses, 127. 18s. 7d. ;

total, 1751. 8s. 7d.

Wills.-Number of petty sessions districts, 9; population, 235, 120; number of constables, all classes, 199; amount paid to the county police-rate, 11,6221. 18s. Expenditure for 1846 pay and allowances, 9,7431. 11s. 5d.; incidental expenses, 1,8267. 3s. 9d.; total, 11,5697. 15s. 2d.

Worcester.-Number of petty sessions districts, classes, 85; amount paid to the county police-rate, 10; population, 202,121; number of constables, all 10,2061. 15s. 8d. Expenditure for 1846: pay and allowances, 5,1921. 15s. 10d.; incidental expenses,

5,4341. 17s. 3d. ; total, 10,6277. 13s. 1d.

Total, England.-Number of petty sessions districts, 237; population, 5,476,820; number of constables, all classes, 2,434; amount paid to the county police-rate, 161,7441. 5s. 54d. Expenditure for 1846: pay and allowances, 136,0321. 4s. 4d. ; incidental ex. penses, 441,1671. 7s. 34d.; total, 180,1997. 11s. 7 d.

WELSH COUNTIES.

Cardigan.-Number of petty sessions districts, 8; population, 64,059; number of constables, all classes,

18; amount paid to the county police-rate, 1,1207. Expenditure for 1846: pay and allowances, 1,1041. 4s.; incidental expenses, 1457. 11s. sid.; total,

1,2491. 15s. 84d.

damnified by the imitation of their trade-marks, fewer, we had transferred them to our columns.
or the pirating of their names by American There are, however, scarcely any of our
citizens. The case is now finally and sa- readers unaware of the circumstance, and of
tisfactorily set at rest by the above deci- the extent to which this grievance prevails.
sion, supported as it has since been by a Some correspondence of interest will be
decree of the Chancellor of the State of found below.
New York, which was confirmed, on appeal,
by the Court for the Correction of Errors.
The State of New York, we are informed, have
since passed an Act for punishing with impri-
sonment persons guilty of counterfeiting marks
on goods, or knowingly selling goods so frau-
dulently marked.

To the expression of our thanks to the Correspondent who forwarded to us this interesting report, we may add an announcemittal of authentic reports from any quarter of ment that we shall feel obliged by the transinteresting cases on International or Municipal Law arising, in the Courts of America, from transactions in trade, &c. with this country, and to which the vast commercial dealings and intricate relations between the two nations must not unfrequently give rise.

COUNTY COURTS.

IT will be seen by the report of the case of Thompson v. Harding, one, &c. inserted below, that the question as to the right of an attorney to be sued in the Superior Court to which he be Carmarthen.-Number of petty sessions districts, longs has fairly been raised, and that the Judge 9; population, 94,503; number of constables, all classes, 48; amount paid to the county police-rate, decided, in accordance with the opinion we ven2,9331. 158. Expenditure for 1846: pay and allow-tured to express on this question in a former ances, 2.9207.; incidental expenses, 4311. 12s. 94d.;

total, 3,3511. 12s. 9 d.

Denbigh.-Number of petty sessions districts, 7; population, 94,351; number of constables, all classes, 31; amount paid to the county police-rate, 2,013. 16s. Expenditure for 1816: pay and allowances, 1,7477. 159. 6d. ; incidental expenses, 3961. 11s. 3d.;

total, 2,1441. 6s. 9d.

Glamorgan.-Number of petty sessions districts, 4; population, 171,852; number of constables, all classes, 42; amount paid to the county police-rate, 3,0071. 25. 2d. Expenditure for 1846: pay and allowances, 2,9441. 99. 24d.; incidental expenses,

4581. 6s. 10d.; total, 3,4021. 169. 0}d.

Montgomery.-Number of petty sessions districts, 14; population, 62,747; number of constables, all classes, 16; amount paid to the county police-rate, 1,0167. 158. 2d. Expenditure for 1846: pay and allowances, 9187. 4s. 4d.; incidental expenses, 1897. 6s. old.; total 1,1077. 10s. 44d.

Total, Wales.-Number of petty sessions districts, 42; population, 488,512; number of constables, all classes, 155; amount paid to the county police-rate, 10,0917. 8s. 4 d. Expenditure for 1846: pay and allowances, 9,6347. 139. Od.; incidental expenses,

1,6211. 8s. 74d.; total, 11,2561. 1s. 7 d.

TOTAL, ENGLAND AND WALES.

Number of petty sessions districts, 279; population, 5,965,332; number of constables, all classes, 2,589; amount paid to the county police-rate, 171,8357. 138. 10d. Expenditure for 1846: payland allowances, 145,6661. 17s. 44d.; incidental expenses,

45,788. 15s. 11d.; total 191,4551. 13s. 3 d.

Note.-The number of constables is exclusive of

clerks.

The following building has been duly authorised for the solemnisation of marriages, pursuant to the Act of the 6th and 7th William 4, c. 85:-The Primitive Methodist Chapel, situated at Wrock wardine Wood, in the parish of Wrock wardine, in the county of Salop, in the district of Wellington Union.

number (suprà, p. 484), that clause 67 of 9 & 10
Vict. c.95, does not extinguish the privilege held
at common law by attorneys to sue and be sued
in the Superior Courts. We may state that
this point has, within the past week, also been
raised and very elaborately and neatly argued,
in the case of Barrett v. Perry, before Mr.
KEKEWICH, in the County Court of Cornwall.
The leaning of the learned Judge, as far as it
could be gathered in the absence of any ex-
press dictum, appeared favourable to the privi-
lege. Considering the importance of the case,
and being unwilling to decide without looking
into the authorities upon the question, the
learned Judge deferred his judgment to the
next Court, after the delivery of which a full
report of the case will here be given.

CUMBERLAND.

Carlisle, Tuesday, August 31.
(Before T. HASTINGS INGHAM, Esq.)
DUKE OF Devonshire v. MCCUTCHEON.

Landlord's claim for rent against execution-creditor-
9 & 10 Vict. c. 107-Opinion of the Court.
This was an interpleader summons; but his Ho-
nour being of opinion that the bailiff had withdrawn
when the landlord entered, the question did not come
directly before the Court; but his Honour said he
that no goods on premises for which rent is due shall
should take this opportunity of stating his view of
this point. The statute of Anne provides, in effect,
be liable to be taken by virtue of any execution, un-
less the party at whose suit the execution is sued out
shall, before the removal of the goods from the pre-
mises, pay to the landlord the rent due. In the case
that the statute of Anne is repealed by the 107th sec-
of an execution from this Court, I am of opinion,
tion of the County Courts Act. The clause is very
badly expressed, but it seems to me to be this: a
levy, by virtue of an execution under the County
Courts Act, shall be made available as a distress for
the landlord; and upon his giving the required notice,
the bailiff may make a further levy for the rent. The
execution-creditor is, at all events, to be first satis-
following words, to my mind, plainly indicate that the
fied. They are these: "And if any replevin be made
of the goods so taken [this must refer to the goods
taken by the bailiff, by virtue of a notice from the
landlord], such of the goods shall be sold under the ex-
ecution as shall satisfy the money and costs for which
leaving the question of replevin between the landlord
the warrant of execution issued, and the costs of sale,"
and tenant for future decision. The fact of a provi-
sion having been made in case of replevin, whereby it
is expressly enacted that the execution-creditor shall,
notwithstanding such replevin, proceed to sell, I
think shews distinctly that the legislature intended
that the landlord should no longer have this priority.
Nor can I see on what principle of equity or justice
that priority should exist; or why the man who
finds a shelter should be paid before the man who
provides the daily bread. It must be recollected,
that rent is recoverable either after the premises are
left or before, in the same way as any other debt,
independent of the power the landlord still has of
seizing the goods of his tenant at any moment, and
not being obliged, like other creditors, to go regu
larly through the stages of a suit at law before he
can have his remedy. If this be not the proper con-
struction, I would ask what is the meaning of the
following words of the 107th section: "And be it
enacted, that so much of an Act passed in the eighth
year of the reign of Queen Anne, intituled 'An Act for
the better security of Rents, and to prevent Frauds
committed by Tenants,' as relates to the liability of
goods taken by virtue of any execution, shall not be
deemed to apply to goods taken in execution under the
process of any Court holden under this Act?"

Cockermouth, Friday, Sept. 3.
TREDALE V. WHITELOCK.
Maintenance of bastard child.

The putative father of a child is liable, upon a promise
to its mother, for a sum certain agreed upon for its
maintenance.

The plaintiff sued for 81. 10s. for the maintenance It appeared that an order had of her bastard child. been made upon defendant, as putative father, by the justices. The mother and child, requiring relief, were taken into the workhouse; and to reimburse the township, the order was of course enforced against the putative father. The putative father afterwards that if she would come out he would pay her two went to the workhouse, and promised the plaintiff shillings weekly towards the support of the child; and upon the faith of this promise she left the workhouse, and now sued the defendant for several weeks' arrears.

We observe that by sec. 75 of the City of London Small Debts Act (which comes into operation on the 29th inst.), power is given to the Judge to regulate and settle the fees for Barristers and Attorneys practising in that court, and to direct in what cases the costs of employing them shall, on taxation, be allowed. Now, under 9 & 10 Vict. c. 95, s. 91, the fees of Attorneys are limited by enactment to 10s. where the debt is not above 57., and 158. when it is over that amount, while the Barrister's fee is fixed at 17. 3s. 6d. From the delegation of authority to the Judge of the city of London Small Debts Court, to fix the scale of fees in his court, it may be inferred that the framers of this Act were of opinion that the fees limited by the general County Courts Act were too small; for it is certain that no Judge in the exercise of his discretion, would fix upon so low a scale as the Legislature, in 9 & 10 Vict. c. 95, have done. It is to be hoped that in the amendment to the latter Act which doubtless will eventually be laid before ParliaATTENTION is invited to a report of an inter- ment, the power of revising the table of fees, esting case-Taylors v. Carpenter-tried in and of determining what shall thereafter be the Circuit Court of the United States, which, taken, will be transferred to the Judge, or at through the favour of a correspondent, we are all events the scale in some way enlarged. enabled to lay before our readers in this num- The result of the existing system is daily to be ber. This case arose upon the fraudulent imi- witnessed in the police offices, where the sharptation of the plaintiffs' trade-marks by the ing and rascally impostors who lurk about defendant; and the question was, how far the these courts, and make a living by preying rights of aliens (which the plaintiffs were) ex- upon poor and ignorant parties who are comtended, as regards this particular, in America. pelled to come there, are constantly brought Before the commencement of the proceedings up and charged with obtaining money under in this cause, it was considered very doubtful false pretences. Many sensible letters, and whether there was any remedy in the Courts one or two leading articles have appeared in of the United States for aliens who had been the daily papers on this evil; had they been an

THE LAWYER.

Summary.

The defendant was liable on his promise, quite independent of the order of justices, which had been made on the application of the parish officers, for their own indemnity, and which could only be put in force against the defendant in case the child became chargeable, an event not likely to arise if defendant's promise to pay two shillings a week was complied with.

His HONOUR said he felt no doubt in this case.

WARWICKSHIRE.

Solihull, Saturday, August 28. (Before JOHN BARKER, Esq. Barrister-at-law, in the absence of Mr. Trotter.) THOMPSON V. HARDING, Gent. One, &c. Privilege.

attorney sued in the County Court is entitled to his

CONVEYANCING COMMITTEE.

Judges and counsel, in addition to constant habit," compounded" house during the preceding twelve are well paid for their attendance. Juries have not months. The result has been such an accession to "We noticed in our last report that a committee of been so tutored, nor have they the latter inducement the Radical party in Lambeth, the Tower Hamlets, the House of Lords, composed of members enterto exertion. and other large boroughs, that the quality of the taining great diversity of opinions on most other THE NEW BANKRUPTCY AND INSOLVENCY ACT. constituency is entirely changed; and hence the al- points, had unanimously required a thorough revi-This Act came into operation on Wednesday. It tered character of the late returns to Parliament. sion of the whole subject of conveyancing, and the abolishes the Court of Review, and transfers the Above half of the electors have never before exercised disuse of the present prolix, expensive, and vexatious jurisdiction to one of the Vice-Chancellors, to be the right of voting, and of course adopted, as was na- system.' This has led to the appointment of a comnamed by the Lord Chancellor. The insolvency busi- tural, extreme views, were it only for the sake of no- mission to inquire into the measures necessary for ness of the Court of Bankruptcy is now transferred velty and excitemeut. It is more than likely that the carrying the wishes of the Lords into effect; and it to the Insolvent Debtors' Court and to the new question now in dispute will be settled next session by is now shewn by the most unequivocal signs, that not County Courts; but all the business commenced in the legislative enactment. The authors of the Reform only the great landed proprietors and the general Court of Bankruptcy is to be concluded by that Court. Bill will no doubt feel themselves bound, whilst con- body of the public, but a great majority of the profesProceedings under the new system are received by the curring in the propriety of widening the basis of the sion of the law, are prepared for the extensive change Insolvent Debtors' Court, which Court has now two franchise, to fix some limits to the growth of a system which such a resolution demands. Concurrently systems of insolvency to administer, as well as to de- which leaves the power of disfranchising thousands of with these demonstrations, during the present year, termine applications under the Small Debts Act. The voters in the hands of a few landlords, who, if they your committee on the law of property has continued business of the Court of Bankruptcy will be confined find their tenants indisposed to suffer dictation, have its investigations on the subject, and has presented to the administration of the bankrupt law, and to the only to neglect paying the rates of the 20th of July to report on the propriety of establishing a general map Act for facilitating Private Arrangements between deprive them wholly of the right to vote. It is not of the lands of England and Wales, and on the mateDebtors and Creditors. The business hitherto trans- reasonable to enact that one man shall lose his privi- rials now in existence for making such a map. It has acted by the Commissioners of the Insolvent Debtors' lege unless in his own person he fulfils all the require-made another report on the practicability of connectCourt on circuit is transferred to the Judges of the ments of a vexatious law, whilst another enjoys the ing the principles of insurance with titles to land. County Courts. These alterations have been made right without being called upon to trouble himself at These reports have been very amply discussed, both as the precursors to a consolidation of the two laws all in the matter. Nor is it consistent with the prin- within and without the precincts of the Society. The of Bankruptcy and Insolvency, it being understood ciples of constitutional law that a privilege which a council feels itself specially called upon to acknowthat the Lord Chancellor intends to bring the two man claims in his own right, by virtue of a legal ledge the services of this committee, which is still subjects forward at an early period of the new Par-enactment, should only be exercised at the will of an continuing its labours on several important subjects indifferent person. From the magnitude of the in- referred to its consideration." SITTINGS OF THE COURT OF BANKRUPTCY.- terests involved, it is highly expedient that the quesOn Wednesday last the following provision in the Act tion should be set at rest, which it will be, no doubt, 10 & 11 Vict. c. 102, respecting the sittings of the so far as the registration courts are concerned, in a Court of Bankruptcy elsewhere than in London, came couple of months at furthest.-Observer. into force." And whereas it may be expedient that ISLE OF MAN.-The salaries for the administrathe Court of Bankruptcy in London should hold sit-tion of justice and the government of the Isle of Man tings in matters of bankruptcy, at some place or have not amounted to 5,000l. a year in any one year places within the district over which the jurisdiction since 1826. The total expenses embraced in the of such Court extends, at which such Court hath not period of 20 years, 1826 to 1845, was 89,5671. 1s. 1d. hitherto been used to sit; be it declared and enacted, whilst the pensions, &c. police, prosecutions and that it shall be lawful for the Lord Chancellor at any other matters in the period, amounted to 102,5911. 7d. time or times, whenever it shall appear to him to be REVISING BARRISTERS.-From an official docuexpedient, by any order or orders to give the neces- ment it appears that the revising barristers, who comsary directions in that behalf, ordering any commis-menced their labours on Thursday last, are consisioner, registrar, official assignee, messenger, or dered as stipendiary judges. They are paid 2101. per usher, of the Court of Bankruptcy in London, to sit annum, amounting to 14,700l. a-year. and attend and act elsewhere within such district than in the city of London; and every commissioner registrar, official assignee, messenger, and usher, so sitting, attending, and acting, shall have the like power, jurisdiction, and authority as if sitting, attending, and acting in the prosecution of such fiat in London." The jurisdiction of the Court extends to 100 miles, and the provision is likely to be of some service.

liament.

revising barristers are now paid 200 guineas each, including travelling expenses. The cost of the revision to the country is about 16,000l. a year. Since the last revision, Mr. Arnold, who revised the lists

EQUITY COURTS COMMITTEE. "During a great portion of the last balf-century, the state of the Court of Chancery has occupied the attention of statesmen and lawyers; while its delays, expenses, and vexations, have most severely taxed the patience and purses of its suitors. Three new judges and a numerous staff have been added to its judicial strength; but the word 'arrear' has not been banished from its vocabulary. Popular opinion has long pointed to the master's office, and the system of references and reports, confirmations and revisions, as the main cause of these obstinate evils. Your council, therefore, thought it a fit subject to be referred to your equity committee, and that committee has made a report on the improvements which may be made in the masters' offices.' report contains many valuable suggestions, and has given rise to a very full discussion of the whole procedure of courts of equity. But the subject is very far from being exhausted, and the council look forward to a series of reports, and hope for numerous SOCIETY FOR PROMOTING THE AMEND- papers, on this most important and most intricate branch of inquiry.”

PROCEEDINGS OF LAW

SOCIETIES.

MENT OF THE LAW.

The

From the Fourth Annual Report of this Society, CRIMINAL LAW COMMITTEE. THE REGISTRATION.-The revision of the lists we learn with pleasure that the Society's "means "The committee on criminal law has presented a of voters cannot be commenced before the 15th inst. exceed its expenditure," and that "more members report on the various plans which have been tried or and must be concluded by the end of October. The have been elected within the last twelve months than in either of the preceding years." The council dwell Proposed for the improvement of the treatment of with natural complacency on the spirit by which the criminals, and on the principles on which punishment ought to be awarded. This subject was also very proceedings of the Society have been animated, and the consequences of their being guided by the' dic-fully discussed; and the society had the advantage of a draft report, prepared by Mr. M. D. Hill, which, tates of that spirit alone. though it differed in some respects from the report tions. The council have had the gratification of knowwhich was adopted, contained very valuable suggesing that in the subsequent discussions on secondary punishments which have taken place in both Houses of Parliament during the present session, the views contained in the report of our criminal law committee, which were distinctly brought under the notice of the House of Lords by the noble president of this society, were very generally recognised and adopted. Another report from this committee, as to whether juvenile offenders might not be advantageously submitted to made the subject of legislation. the jurisdiction of the petty sessions, has also been The bill has passed the Commons, and will probably become law."

66

for the city of London for some years, has been ap-
pointed a magistrate, and Mr. Moylan, who revised "If the Society had indeed been composed of rash
Westminster and other places, a County Court judge. innovators, dilettante legislators, and unpractical de-
Lord Denman has appointed Mr. M'Christie to re- claimers, its final failure would have been assured;
vise the lists of voters in the room of the two other it might have commenced in pomp, but it must have
learned gentlemen. A question of the greatest im- ended in insignificance. But practice, practice, prac-
portance will be argued at the next registration court tice, has been its rule of action; its inquiries have
for the borough of Lambeth, in which district alone been directed to subjects of immediate importance, of
nearly 9,000 names have been added to the list of which the remedies were not so remote as to give the
voters since 1841. An objection has been made to a subject no other than a speculative interest; and
person whom the overseers have placed upon the while it adopts the often-repeated maxim of advocat-
register, and it is intended to try, in this single in- ing the reform of all proved abuses, it takes pains to
stance, the right of persons living in what are called discover and to prove them. It is for this latter
compounded houses" to exercise the elective fran- object that it has so earnestly invited the assistance
chise. Should the objection be held valid, it will of non-professional members; of men, who, unimbued
have the effect of disqualifying not less than 10,000 with technical prejudices, can see, and often most
or 15,000 voters in the metropolitan boroughs alone, accutely feel, the evils of a system, though they may
who shared this year for the first time in the election be unable to contrive the practical remedy; cuique
of members of Parliament. The custom of " com- arte sua eredendum applies to the stretching of a shoe,
pounding" for the payment of rates has become very ge- more than to the discovery of where it piaches. Even
neral in all large towns. It is an arrangement between on technical matters, and among practical men, there
the parochial authorities and the owners of houses, is a technical bigotry, which often prevents a man
by which the latter agree to pay, all the year round, from being the best reformer of his own professional
the rates charged upon their property, whether oc- practice. Sir Samuel Romilly was great on the re-
cupied or empty, on condition of the parish making a form of criminal law, and the late Mr. Justice Wil-
deduction of 50 per cent. upon the rateable value.liams, when a Common Law barrister, was the most
The system is said to benefit both parties. The col- formidable assailant of the abuses of the Court of
lectors make no bad debts, and are saved a world of
trouble; and the landlords, who are able to keep a
sharper watch, and who take care to charge the
tenants with the full rate, find that a reduction of
one-half the parochial claim makes up for losses and
"empties." During the four elections which fol-
lowed the Reform Bill, the occupiers of these houses
were never placed on the register; but the labours of
that indefatigable body, the Anti-Corn-Law League,
effected a revolution in this respect. Relying upon
the strength of a decision pronounced by the late
Chief Justice Tindal, which established the right to
vote of certain operatives claiming to be separately
rated for the portions of a mill which they occupied,
though the owner paid the whole of the rates and
taxes, the agents of the League succeeded in placing,
without opposition in many instances, the names of
all persons on the list of voters who had rented a

COLONIAL LAW COMMITTEE.

"Viewing with great interest the subject of the administration of justice in our numerous colonies, and convinced that the hold which a full and implicit confidence in the law exercises on the affections of a people, long after military or any other force would fail, affords the best security for allegiance to the mother country; and peculiarly attracted to the question by the state of those penal colonies, the difficulties of the due government of which were specially suggested by the preceding inquiries as to criminal Chancery. When, therefore, we are answered by a punishments, your council commenced an intended non-professional friend, whom we invite to become a series of references to the colonial committee, by an member of the Society, that he knows nothing on inquiry as to the law and practice relating to the subjects of its investigation, we say, in reply, colonial judges, in respect to their removal from 'Come, that we may teach you;' and be assured, office.' The committee has presented a report that in that process of teaching, we shall become which has been received with general satisfaction. self-instructed. This argument also applies, and with It demonstrates that the present state of the admingreater force, to those junior members of the Profes-istration of justice in our vast colonial empire is in sion, whom a laudable diffidence might otherwise many respects unsatisfactory, and requires careful, deter from joining us. They may doubt their own fearless, and unprejudiced inquiry. That judicial inusefulness, till reminded that the task of drawing up dependence, in all jurisdictions, is the first guarantee the reports of committees will generally devolve upon of good government, is a proposition so universally them, and that in the execution of that task, they admitted, that your council would not pause to comwill have at once an opportunity of improvement and ment on it, but for the opportunity of suggesting distinction." that slight inconveniences arising from want of subordination are of little moment, and of easy remedy, compared with the danger to be apprehended from any derogation from the judicial character. Your

Attention is next directed to the labours of the Society's committees on "Conveyancing,' "Courts of Equity," "Criminal Law and Colonial Law."

council trust that this committee will continue the deliberations which it has so well commenced."

THE LAW TIMES.

EVIDENCE.

The council regret that the committe on the law of debtor and creditor has made no progress. They express pleasure at the establishment of a system of SATURDAY, SEPTEMBER 18, 1847. local judicature throughout England and Wales, but think it premature to speak of the ultimate operation of the measure. And in conclusion they express the following encouraging opinion of the progress making by public opinion on the question of law “It is, indeed, with very considerable satisfaction that your council is able to trace a great abatement in that species of self-interested opposition which, in former times, so injuriously impeded the amendment of the law. With a few exceptions, lawyers are now taking larger views of professional protection; they find that, in most instances, the public interest is their own, and, in the few cases of exception, or sup

reform :

posed exception, they feel that a class-interest cannot be permitted to stand in the way of social progress. That laws are to be made for the benefit of the people, and not of the lawyers, is now an admitted truth. Prolix pleadings and conveyances, useless and multifarious appeals, motions and petitions of course, unattended warrants, unissued writs, fictitious procedure, unearned fees and sinecure offices, have had their day; and, though a few yet remain, your council fully anticipate that, at no distant day, they will be extinguished (certainly that no new claims to compensation will be created), and that they will yet see the time when no judge, officer, advocate, or attorney, will look to profit from any source from which the suitor or client does not derive an adequate and direct advantage."

Heirs-at-Law, Next of Kin, &c. Wanted. [This is part of a complete list now being extracted for the in the newspapers during the present century. The reference, with the date and place of each advertisement, cannot be stated here without subjecting the paragraph to duty but the figures refer to a corresponding entry in a book kept at the LAW TIMES OFFICE, where these particulars are preserved, and which will be communicated to any applicant. To prevent impertinent curiosity, a fee of half-a-crown for each inquiry must be paid to the publisher, or if by letter, postage stamps to that amount inclosed.] 1068. NEXT OF KIN of JOHN FROST, deceased, and late

LAW TIMES from the advertisements that have appeared

resident at Berlin, and formerly one of the secretaries to the Medico-Botanical Society in London. Something to advantage. 1069. DESCENDANTS of the late M. BENONI, Roman architect, who, in the year 1781, married a niece of M.

Angelique Kaulmann. Something to advantage. 1070. HENRY HAYES, FREDERICK HAYES, and LOUISA

HAYES, sons and daughter of Margaret Hayes, deceased, the wife of Henry Hayes, formerly of Lon1071. GEORGE SLATER, son of John Slater, of Birmingham, coach-spring maker, who left home about eighteen years ago, and went to Sidney, and afterwards to Hobart Town. Something to advantage. 1072. NEXT OF KIN of HENRY EDWARD REGINALD

don. Something to advantage.

BAKRE, of Great Pulteney-street, Golden-square,

St. James's, Westminster, Middlesex, a captain in the Royal Navy, died in July 1820.

1838); and also Sons and DAUGHTERS of MARGARET, ISABELLA, and CATHERINE, sisters of the said Blake Penny. 1074. CERTIFICATES OF MARRIAGE of JOHN BURFORD and CATHERINE WILD, supposed to have taken place ELIZABETH WILD, between 1760 and 1764, both in

between 1774 and 1777, and of JOHN TALVER and

London or its vicinity. A reward.

aunt's will.

1075. JAMES BROWN and JOHN BROWN, nephews of Ann
Brown, of Houghton, Wedmore, Somerset, deceased.
John was married at Uxbridge, Middlesex, and was
last heard of at Rennes, France; James was last
heard of at Jersey. Entitled to legacies under their
1076. NEXT OF KIN of JAMES MICHAEL JOHNSON, Royal
Marines, late of H.M.S. Bombay, who died in the year
1815. Something to advantage.
1077. NEXT OF KIN, and PERSON or PERSONS NEXT IN
SUCCESSION, contained in the will of MARY BRAD-
DON, who was late of the parish of St. Mary Mag-

ties, if he will consent to abandon part of his debt, and sue for 201. only. Smith gladly consents to the loss of 101. if thereby he can secure the rest, and accordingly a plaint is brought in the County Court for 201.

How different now the process! how rational the means by which the facts of the case A CHANGE, more important to the adminis- are investigated! Smith and Jones severally tration of justice than either of those pre-appear, and the trial proceeds somewhat after viously reviewed, must be very early adopted this fashion :— by the Superior Courts. There must be an Judge. What is your demand, Mr. Smith? entire abolition of the disabilities of witnesses. Smith. I claim 201. for the goods named in Only those whom nature has incapacitated these particulars, which I and my wife sold to should by the law be excluded from the wit- the defendant.

ness-box.

Such is the force of habit, that this will startle many who have given little thought to the subject, and perhaps it may even be looked upon by some as a dangerous innovation. A few facts recalled to the memory will dissipate those alarms.

Judge. What say you to that, Mr. Jones? Is it true?

(In ninety-nine cases out of every hundred, this suffices. The defendant admits the debt he knows he cannot resist, and the matter is settled. But let us suppose that in this case he answers thus :-)

Jones. I deny the debt.

Judge. Then the plaintiff must prove it. Let Mr. Smith and his wife be sworn.

In the first place, it is not a novelty in the administration of justice; the practice has always prevailed in Courts of Equity. The parties there are witnesses, but without the Smith and wife are sworn accordingly, prosafeguards which the Common Law Courts duce their books and entries there, and are have erected in that only real security for examined by the Judge and cross-examined by truth, a vivá voce cross-examination. The the defendant as to the particulars of their same object is sought in either tribunal claim. If these be satisfactorily established, namely, the discovery of truth. If that end and their testimony unshaken, judgment is can be best attained in the Equity Courts by given for the plaintiff, and that justice is done the testimony of the parties in the cause, why which was denied by the Superior Courts. not in the Common Law Courts? If it be dangerous in the latter, why is it not abolished in the former? This seeming innovation will be but an extension of a practice already recognised, and proved, by the acquiescence it receives, to be at least harmless, if not beneficial.

The framers of the County Courts Act deemed the admission of the parties as witnesses to be conducive to the ends of justice, for they have made an express provision for it, and we believe that even the short trial it has had confirms the wisdom of the rule. This it is that brings the disputes there to such speedy settlement. To make its advantages more apparent, let us contrast the process by which the facts are found in the County Courts under the new system with the manner in which they were traced in the Superior Courts under the old one.

Again, the tendency of all modern changes in the law of evidence has been towards the removal of disabilities. Lord DENMAN'S Act only stopped short on the very verge of the full measure of justice, probably in deference to prejudices which cannot exist now, or they would not have permitted the adoption in the County Courts of a principle which could scarcely fail to be extended. The noble and learned Lord Chief Justice could not more worthily crown the work he has begun than by bringing in, during the next session, a Bill to remove the only disability he had allowed to linger: by no hand could it be so worthily extinguished as by his, whose long experience must have taught him that the real security for truth in courts of justice lies not in the exclusion of this or that testimony, from dread of an interested bias, but in the sifting of the stories told by the several witnesses, through the cross-examination of the advocate and the summing up of the Judge. Unfortunately we are all too apt to look at only one side of a question, and in that under consideration it has been the habit to fix the eye upon the possibility of misleading by interested testimony in a few cases, and so perverting justice, forgetful of the many cases in which justice is denied by the refusal to hear those who, in the majority of instances, must be more competent than any number of witnesses to supply the facts upon which Judge and jury may arrive at a knowledge of the truth.

Smith claims of Jones 301. for goods sold. Before he brings his action for its recovery, he must consider whether he can prove his debt. 1073. SONS and DAUGHTERS of ALEXANDER PENNY, bro-Smith is a small tradesman, with only his wife ther of Blake Penny, formerly living with Col. Vyse,. to assist him at the counter. His lawyer inof Stoke-place, near Slough, Bucks (died April 25, quires who sold the goods to Jones-who delivered them. "Some I sold myself; others were supplied by my wife; these entries in the ledger are mine; these are hers." The good man is somewhat surprised to learn that all this will not do; the law will not permit him to be a witness in his own case; his wife is in the same predicament. The only two persons in the world who can know any thing about the matter are forbidden to be heard! Smith turns away grumbling at the law that thus can deny justice, when his lawyer intimates that possibly the case may be proved by other evidence; somebody may have somewhere heard Jones admit the debt, or seen him go into the shop and come out again with a new hat on his head, and some other persons may have been at the counter at the moment of his buying other articles charged in the account. By dint of vast labour and enormous cost it is found that half the items can be proved after a loose sort of fashion by ten or twelve witnesses, the expenses of taking whom to the trial would be ten times greater than the debt claimed; so This topic has been already touched upon in Smith, like a prudent man, prefers rather to the LAW TIMES, which has repeatedly urged lose his debt than to hazard so much more in the propriety of altering the present system of an attempt to adduce legal proof of facts which fees, so as more equitably to apportion the he and his wife could establish in five minutes. reward to the labour; and it is pleasing to find His lawyer honestly applauds the wisdom of so large a body, representing the intelligence the decision, and probably suggests it; but at of the Profession, giving their public sanction the same time he tells poor Smith that there to the views we have promulgated. But the is another remedy that removes these difficul- propositions submitted here had reference prin

dalen, Canterbury, widow (died April 13, 1834), or their representatives.

Yorkshire, with Mr. King, as a cabinet maker, and

1078. THOMAS SKINNER, who served his time in Hull,
afterwards married a Mrs. Wells, in Louth, and com-
menced business in that place. He afterwards left
for London. Something to advantage.
4079. Mrs. BETTY EDWARDS, late ECCLES, supposed to be
a daughter of the Rev. John Eccles, who resided at
Stratford-le-Bow, in Essex. Entitled to a legacy.
1080. CERTIFICATE of the MARRIAGE of the two Miss
ANSTWICKS, one with a Mr. BEANE, the other with
a Mr. SCOTT. Supposed to have taken place near
London, about sixty or seventy years back.
(To be continued weekly.)

To Readers and Correspondents.
"E. L. R." (Wakefield.)-Our correspondent will find the

report, if he will seek it, in our number for the 4th inst.

Several enclosures of the proceedings of Sham Lawyers

have reached us, which shall be used from time to time as space may permit.

THE ADDRESS OF THE NEW SOCIETY. COSTS. APPENDED to the paragraph examined in the last paper on this subject is a note, which might have worthily formed a part of the text. It runs thus:-"The present system of taxing costs is equally injurious to the practitioners and the suitors; it gives no adequate remuneration to extraordinary skill and labour, and really offers an inducement to the needless employment of counsel, instead of encouraging the attorney to exercise his own talents and learning."

soundness of this writer's views, and the value of
his suggestions, all who are competent to judge will
Article the fourth,
readily accord their assent.
"On the Connection between the Laws of Real

cipally to the costs in conveyancing: the sug-high-quit the extravagant adviser for a more gestions of the Society extend also to the moderate one. general business and common law practice of This change, and it is the only one we can, the attorney. after much thought given to the subject, sugScales of fees must of necessity be inequit-gest, as being really an improvement, and as Property and Agrarian Disturbances in Ireland," able. They cannot by any contrivance be so likely to realise the desire of this Society, neoffers a skilfully elaborated sketch of the leading framed as to take into account the more or less cessarily involves that other change which they since the days of Queen Elizabeth; and points out features in the history of real property in Ireland of skill required in the processes to which they have pronounced to be so desirable. With a what are the inconveniences, and what the hardare affixed. Payment according to the num- bill made out as we propose, with a single item ships attaching to the system of land-letting and ber of words was a rude endeavour to remedy of charge for all the labour and skill bestowed tenures in that country, from which the crimes and the injustice, for it was not unreasonably sup- upon each business, the Attorney and his dis- evils that disturb and disgrace her inevitably posed that the greater the length of a docu- contented client may go before the Master, who spring. This article, we perceive has afforded ment the greater the expenditure of labour and should sit in, the character of an arbitrator frequent texts and citations in the morning papers. skill in its composition. But the consequence upon the hearing of both parties or their agents The fifth article is a useful one upon the question was such as might have been foreseen. Legal to determine, under the circumstances explained "When is a party liable, qua partner, for a debt documents, once so curt and so expressive, to him, the fairness, or otherwise, of the several he does not contract?" Next follows an analysis gradually expanded; the meaning, plain enough charges, and allow "adequate remuneration of the "Poor-law Legislature of the Session," when plainly spoken, came to be involved in a for extraordinary skill and labour." which will be found of especial interest to magismist of words until it almost ceased to be trates and their clerks, Mr. Phillimore's tracts on "Reform of the Law," forms the subject of the intelligible; legal composition grew prosy, until it inflicted a serious burden upon clients that seventh article, which is entitled "Special Pleading and Special Pleaders." The writer of this called loudly for redress. The result of that paper has brought extensive information and complaint may be seen in the County Courts, practical experience to illustrate his views and in the Short Forms Acts, and in the various impart value to his strictures and opinions touching measures threatened for still further curtailing this subject. We extract some passages from this the verbosity of the law. article, which meet our cordial approval, and we think deserve the consideration of our readers :

Feeling that there can be no hope of long averting changes in this direction, and for this simple reason, that the justice of the complaint cannot be denied, it becomes a very serious question for the Association, as representing the Profession, what course they shall take on this subject of Costs; whether they shall adopt the policy we have been long endeavouring to recommend, namely, that of taking the lead, and framing and proposing their own measure of reform; or, if they shall pursue the fatal course hitherto preferred, of permitting the enemies of the Profession to bring forward measures constructed in the spirit of enmity, and contenting themselves with mere sounding protests and sullen opposition to result, as such policy has in every instance, in a postponement of the obnoxious measure, at the utmost, for a year or two, to be carried at last withits mischiefs multiplied by the delay.

The practical difficulty that occurs to us, and it can scarcely have escaped the notice of the framers of the address, is this-Granted that the present system of costs is bad, what would they substitute?

For reasons stated in previous articles, we are inclined to think that in conveyancing a different scale might be adopted, and that, except in extraordinary cases, the charge to the purchaser should be proportioned to the purchase-money, and to the vendors a regulation be made in accordance with the plan above proposed. True it is that the labour and skill demanded are not always proportioned to the value of the property; but so neither at present is there the same charge for the same work in a sale of 100l. and in a sale of 1,000l. Practically the rule we suggest prevails at present. But it should be avowedly adopted as a general rule in all cases, and then there would be no pretence for departing from it in particular cases. But it is unnecessary to repeat arguments so often before urged here, and therefore we pause again at this point in our review of the Address of the Metropolitan and Provincial Law Association.

INSOLVENCY IN THE COUNTY
COURTS.

OWING to an unforeseen obstruction, the
Forms for the Practice of Insolvency in the
County Courts were not all ready, as we anti-
cipated they would have been, last week. The
difficulty that occasioned that delay is now
removed; and the Forms, together with Mr.
PATERSON'S Edition of the Law and Practice
of Insolvency, as transferred to the jurisdiction
of the County Courts, may now be obtained on
application direct to the Publisher, or through

a Bookseller.

PLEADING BY JUNIORS.

commendation of the English system of special pleadThe accomplished scholar, Sir William Jones, whose ing has been before alluded to, observes, "Nor shall I easily be induced to wish for a change of our present forms, how intricate soever they may seem to those who are ignorant of their utility. Our science of specalculated for the purposes of analyzing a cause, of cial pleading is an excellent logic; it is admirably extracting, like the roots of an equation, the true points in dispute, and referring them, with all imaginable simplicity, to the court or the jury: it is reducible to the strictest rules of pure dialectic; and if it were scientifically taught in our public seminaries of learning, would fix the attention, give the habit of reasoning closely, quicken the apprehension, and invigorate the understanding."-Jones's Isaus, Preface, p. xxv.

Mr. Phillimore has shown considerable industry in his selection of cases, where inattention to the refinehim only display the same industry and zeal in devising ments of pleading has been productive of injustice. Let means to prevent such injustice being caused to the suitor, by the judicious simplification of pleadings, but above all by proper regulations with respect to amendments and costs, and he will receive more throw of the entire system itself of special pleading, honour and more credit than by attempting the overdisregarding the united wisdom and experience of all the judges of Westminster Hall, who, when empowered by Act of Parliament, without any possible motive to protect the old system, contented themselves with making such changes as would insure more definite and concise allegations, and confine rather than

The address is silent upon that point, and therefore we presume that none other had suggested itself. But when the subject comes to be treated practically by the Society, it cannot be thus slurred over. Complaint of the existing NOTICES OF NEW LAW BOOKS. extend the latitude allowed to the suitor under them. system must be accompanied with a practical plan for the cure of the evil. To this we would direct the attention of the Association.

We presume that it will not be proposed to abolish the taxation of Attorney's bills, but only to regulate it afresh.

That involves an alteration in the whole system of framing an attorneys' charges. Of what improvements is that system capable?

Mr. Phillimore would confer a great boon on the Profession, and materially contribute to the cause of justice, and the true dignity and respectability of those who are concerned in its administration, if he would display the same zeal with regard to reforming the practice as to drawing the pleadings in a cause, as he has with regard to the forms in which they are

drawn.

The Law Magazine, and Quarterly Review of Jurisprudence. August, 1847. Wm. Benning. JUDICIOUS as is the selection of subjects, and superior the character of the articles usually collected in this long-established journal, the number before us is one of higher than average excellence. In ancient times we are told the written pleadings It opens with an article of twenty pages on "the were always drawn by barristers, and that none but a To us it appears that the greatest improve- County Courts," in which the design, construction, regular advocate (or, according to the modern term, ment which could be adopted would be to fol- practice, and working of those Courts are examined barrister) could be a pleader in a cause not his own. and considered by a writer evidently of sound judg- (Stephen on Pleading, App. note 8.) Within a comlow the example of the better class of medical ment and matured experience in legal polity. Many paratively recent period, a class of professional perpractitioners, and instead of charging each at- just strictures upon the defects of the system, and sons has been gradually called into existence, under tendance and each letter in a distinct item, to the difficulties which may yet arise from it, are ders; " to whom, in defiance of the salutary prothe denomination, par excellence, of "Special Pleacharge the moneys paid out of pocket, and then offered, with some valuable suggestions for increas- visions of our common law, the greater part of the for the conduct of each matter a total sum pro- ing the efficacy and adding to the dignity of these business of drawing the pleadings in a cause is portioned to the time and skill it had required Courts. An abridgment of this article will be found entrusted; and on whom, when subsequently called and not without reference, also, to the circum- under the head County Courts" in the present to the Bar, very considerable privileges are conferstances of the client. This would be vastly more number. An article "On Crimes and Punish- red. This class of practitioners, at first, it is proagreeable to the Profession, and less troublous ments follows next. This is evidently by the bable, existed merely by sufferance, the illegality of to the temper of the client, than the pages of writer, whose broad and sagacious views upon the their profession being shown by the long established petty details that now make an Attorney's bill subject here treated have won for this journal the rules of court requiring all important pleas to be signed by barristers. The class of certificated special a standing joke with all but those who are reputation of authority, and which are so frequently pleaders and conveyancers were first legally recognised obliged to pay it. There would be no longer adopted as groundwork for argument by the leading by the 44 Geo. 3, c. 98, s. 14, being then allowed, as This observed by Mr. Chitty, himself a special pleader of a temptation to diffuseness. The client would writers for the daily and weekly papers. be spared one of the most harassing of life's article may be read with profit; it gives some no mean pretensions, "to practise rather for revenue trials, the perusal of the details of a bill that remarkable facts deduced from statistics, and purposes than upon any principle of sound policy." enunciates many well-grounded views, which are Before that Act," he continues, "and indeed since, looks as if it sought in every page to find ex- nevertheless frequently opposed to the popular no- upon being entered, and becoming a member of one cuses for the magnitude of the sum total; and tions upon the subject of crimes and punishments. of the Inns of Court, for which is to be paid 251. (reif discontented with it, he should be permitted, The third subject discussed is the "Report on Legal quired by the subsequent Act, 55 Geo. 3, c. 184, schedule, tit. 'Admission and Certificate'), and also upon as now, to apply to the Master for its taxation, Education." The writer has gone seriatim through paying for an annual certificate of 121. or 81. according or he might do as he would have done with the clauses of the Report, interspersing such to the time and distance, any person, however insuffihis surgeon, whose charges he deemed too remarks as they severally suggested. To the ciently educated, and however ignorant of the legal pra