Abbildungen der Seite

sp. aff.

tualler.-Jas. Vincett, Northfleet Creek, Northfleet, foreman

MR. SERJEANT STEPHEN'S NEW COMMENTARIES ON THE to bakers.--Ann Hewitt, Woolwich, out of business.-Henry Just published, in 4 vols. 8vo., 41. 4s.cloth, (dedicated, by permission,

LAWS OF ENGLAND.-THIRD EDITION. John Akers, Plumstead, out of business. - Thomas Williams,

to Her Majesty the Queen), Strood, licensed victualler.

NEW COMMENTARIES on the LAWS of ENGLAND, At the County Court of Warwickshire, at COVENTRY,

in which are interwoven, under a new and original Arrangement

of the general Subject, all such parts of the WORK of BLACKSTONE May 3 at 12.

as are applicable to the present times; together with full but compen. Herbert Lane Sampson, Yardley, confectioner.

dious Expositions of the Modern Improvements of the Law up to the

latest period, the original and adopted materials being throughout the MEETING.

Work typographically distinguished from each other. By HENRY James Rawlings, Blackfriars-road, Surrey, not in any trade, JOHN STEPHEN, Serjeant at Law. Third Edition. Prepared for May 10 at 12, at Rooker & Co.'s, Plymouth, Devonshire, at Law, and Professor of English Law, &c. at King's College, London.

the Press by JAMES STEPHEN, of the Middle Temple, Barrister

From the Law Magazine.—“We have long regarded this as the most

valuable law book extant. We make no exception. We believe, moreLAW

over, the labour saved to the student by this work to be invaluable. Nor nexions, admitted in 1846, who has had thirteen years' expe

are we sure that any amount of labour could give him the same comprerience in one of the largest Offices in Town, is desirous of entering a

hensive insight to the science he is about to enter upon. It is the Solicitor's Office, either in Town or Country, as a JUNIOR PARTNER, grammar of the law. It is sheer nonsense to talk of the worth of Black or of obtaining an engagement as Conveyancing Clerk, with the prospect read him now would

have to unread half the work contains, and add as

stone now-a-days. We undertake to say that the student who should of a Partnership at the end of two years. Address C. J. W., Mr. Blenkarn, Law Bookseller, 29, Bell-yard, Lincoln's.inn.

much more to his information when he had exhausted all that Black

stone knew. This results not merely from the changes which have since TO TOWN and COUNTRY SOLICITORS:- LEE &

Blackstone wrote his very faulty work, which it has been the fashion of stracts, per sheet, 6d.; Fair and Draft Copies, per folio, ld.; Full-length

a comparatively illiterate age to laud and extol. We venture to suggest ditto and Ingrossments, per folio, 1fd. Good writing, strict examination,

to Serjeant Stephen to discard Blackstone altogether, and to rewrite the and punctuality guaranteed.

passages he has modestly but injudiciously interpolated in his own in

finitely superior composition. We may here allude to the great care W VANTED on MORTGAGE, 20,0001. and 7001., on first- taken by Mr. James Stephen, to whom much credit is due for the intelrate Leasehold House Property in the best part of London, held ligent zeal and diligence he has evinced in preparing this edition

of direct from the freeholder, at very small ground-rents, for 60 and 90 years, Stephen's Commentaries for the press." producing a large surplus rental, after paying interest and all outgoings. From the Legal Observer.—"We welcome a new and third edition of Can be taken for seven years. Will answer an Insurance Company, Mr. Serjeant Stephen's Commentaries on the Laws of England, founded as some Life Policies will be required. Principals, or their Solicitors, on the text of Blackstone. In this edition the learned author has been will only be attended to. Address A. B., 102, Piccadilly.

ably assisted by his son, Mr. James Stephen. They have, with great

diligence and accuracy, digested the chief alterations in the law since LAWREVERSIONARY, INTEREST SOCIETY.- the last edition of the work—a task of great difficulty, requiring no ordi

TWENTY SHARES for SALE, together or separately. Address nary knowledge of the law as it was and as it is, with an extraordinary to Civis, care of Houghton & Son, Stationers, Poultry, London.

power of condensing and arranging the changes which have been effected

in nearly all departments of our judicial system from year to year. The This day is published, in 12mo., price 10s. 6d. cloth,

arduous task of this new edition has been ably Performed. We know А

MANUAL of CIVIL LAW; or, Examination in the not any work which, taken as a whole, can be compared with the

Institutes of Justinian: being a Translation of and Commentary Commentaries as the first introduction to the study of the Laws of on that work. With an Introduction on the History of the Roman England, whether for the use of the lawyer, the legislator, or the private Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at gentleman.” Law.

From the Justice of the Peace.-"To speak in terms of approbation of Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

a work on which the fiat of public opinion has so unmistakeably set its SMITH'S MANUAL OF EQUITY JURISPRUDENCE. – New that the last four or five years have been a stirring time in the way of

stamp would be altogether an act of supererogation. Every one knows EDITIOX. This day is published, in 12mo., price 10s. boards,

legal reform. He will therefore be quite prepared to learn that the

present edition of the New Commentaries bears the mark of alteration, on Story's Commentaries and Spence's Equitable Jurisdiction; not in every page. We honestly and

heartily advise him to turn to the and comprising in a small compass the Points of Equity usually occur- work itself, and he will find that it not only contains the latest informaring in Chancery and Conveyancing, and in the general Practice of a tion upon almost every subject he may require to be informed upon, but Solicitor. By JOSIAH W. SMITH, B.C. L., of Lincoln's-inn, Esq., that, as in former editions so in this, whatever is handled is treated in Barrister at Law. Third Edition.

that perspicuous and scientific manner which has hitherto contributed Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

to extend the reputation of the New Commentaries.” OLIPHANT ON THE LAW OF HORSES, GAMING, &c.

From the Law Times.— " Assuming that all prudent practitioners and Recently published, in 1 vol. 12mo., the Second Edition, price 12s. cloth

students will wash their hands of the past, and begin to form small

practical libraries entirely of the recent law, they could not find a better boards, of

foundation than this third and new edition of Serjeant Stephen's Comof Chattels; also the Law of Racing, Wagers, and Gaming. By the law, and comprises all the recent alterations. Every lawyer knows

to GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, the worth of this famous work as it came from the hands of its anthor; Barrister at Law, Author of "The Law of Pews and Prohibition," we can assure them that it has lost none of its value in the hands of his "The Law of Church Ornaments," &c.

son, who has performed his laborious task of editing all, and rewriting S. Sweet, 1, Chancery-lane.

much, with the same care, the same industry, the same masterly of the THE IRISH CHANCERY AND COMMON-LAW REPORTS.

principles of our law, and in the same clear and graceful style, that reVol. 3 now in course of publication.

commended the compositions of his father to popularity, even more than

the fulness of learning, without its parade, that distinguishes these ComPORTS; being a New Series, in continuation of the Irish Law measure the best book that has ever appeared to form a foundation for and Equity Reports.

the study of the Law of England." Subscription, 31. per annum. The Judgments in these Reports are all revised by the Judges, and are the only authorised Reports of Irish Cases.

QUESTIONS ON STEPHEN'S NEW COMMENTARIES. Vols. 1 and 2 are now completed, and contain the Reports from 1850

Also, just published, sro., 10s. 6d. cioth,

QUESTIONS for LAW STUDENTS on the THIRD to 1853, price (bound in 4 vols.) 61.

Dublin: Hodges & Smith, 104, Grafton-street, Booksellers to the Hon. EDITION of Mr. SERJEANT STEPHEN'S NEW COMMENSociety of King's-inns; and to be had of the London Law Booksellers. TARIES on the LAWS of ENGLAND. By JAMES STEPHEN, of

the Middle Temple, Barrister at Law, and Professor of English Law, &c. Recently published, price ts.,

at King's College, London. MR. PURTON COOPER'S NEW CHANCERY ACTS London: Published by Messrs. Butterworth, 7, Fleet-street, Las

and ORDERS. Second Edition. Also, uniform with it, his Publishers to the Queen's most Excellent Majesty. MANUAL of CHANCERY CHAMBER PRACTICE, price ls. 6d. They will be found very convenient for interleaving.

Orders for THE JURIST given to any Newsman, or letter (postButterworths, 7, Fleet-street.

paid) sent to the Office, No. 3, CHANCERY-LANE, or to STE S CHARITY ESTATES.--Now ready, FRANCIS'S LAW & NORTON, 26, BELL-YARD, LINCOLN’S-INN, will insure its and PRACTICE of CHARITABLE ESTATES. under the New publication, through the medium of the Post Office, to the Country.

punctual delivery in London, or its being forwarded on the evening of Act: with the Orders, Forms, Schemes, all the Charity Statutes, and a Digest of the decided Charity Cases. By PHILIP FRANCIS, Esq., Printed by HENRY HANSARD, PRINTER, residing at No. 14. Barrister at Law. Price 88. 6d. cloth; 10s. 6d. half-bound.

Park Square, Regent's Park, in the Parish of St. Marylebone, in the Law Times Office, 29, Essex-street.

County of Middlesex, at his Printing Office, situate in Parker Street,

in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and TITLE ASSURANCE.

Published at No.3, CHANCERI LAXE, in the Parish of St. Dunstan EFECTIVE TITLES ASSURED, and rendered Mar in the West, in the City of London, by HENRY SWEET, LA Book

ketable and Mortgageable, by the LAW, PROPERTY, and LIFE SELLER and PUBLISHER, residing at No. 41, Great Coram Street, ia ASSURANCE SOCIETY, 30, Essex-street, Strand, London.

the Parish of St. George, Bloomsbury, in the County of MiddlesexEDWARD S. BARNES, Secretary, Saturday, April 22, 1854.





No.903—Vol. XVIII.

APRIL 29, 1854.



EXCHEQUER CHAMBER. In re The Winding-up Acts, and in re The Dover, Deal, Heslop v. Chapman.-(Malicious Prosecution-Reaand Brighton Junction Railway Company, ex parte

sonable and probable Cause-Direction to Jury).. 348 Carew and Others.—(Winding-up Acts, Practice

COURT OF Queen's Bench. under-Notice of Motion-Staying Proceedings Tetley o. Easton.-(Patent-Specification-Old Ma. under Winding-up Order).


chinery used in combination with new - - Dis. claimer)


Gambier v. The Overseers of Lydford.-(Poor-rateChapman o. Esgar.—(Trust for Payment of Debts

Prison-Residences of Officers-Excess-Land for Realty subsequently purchased-Descended Estates

Employment of Convicis— Canteen and Grocer's - Assets-Hotchpot)


352 Voyle v. Hughes.-(Equitable reversionary Interest in

COURT OF COMMON PLEAS. Personalty Voluntary Assignment - Notice to

Owen r. Routh.-(Insolvent-Claims not discharged Trustees - Completed Gift)...


from-1 & 2 Vict. c. 110, s. 75-Measure of VICE-CHANCELLOR Wood's COURT.


356 Stone 0. Van Heythuysen.-Barton 0. Van Heythuysen.

COURT OF EXCHEQUER. -(Stat. 27 Eliz. c. 4-Fraudulent Conveyance of

Hadley v. Baxendale.-(Duty of Judge at Trial- New Lands Description Voluntary Assignment of

Trial-Measure of Damages-Contract— Carrier Chattels Personal-Form of Decree where a Mort.

-Taunton's Reports, Vol. 8)..

358 gagee sues by a Creditors' Suit)..


CONSISTORY Court. Kidd 7. Cheyne.-(Practice-Service of copy of De

Cv. C -(Misconduct of Husband-Cruelty cree)

348 -Threats-Habitual Intoxication)




unable to get to the Court before they have completed The Scale of Charges for Advertisements will in future be their work, it passes the power of the Court of Chanas follows :

£ 8. d. cery to order them directly to remove it. True, the For 2 lines or under.

0 2 0

Court has got into the habit of granting what it terms 3

0 2 6 4

0 3 0 mandatory injunctions—that is, injunctions restraining 5

0 3 6 a party from continuing to let a thing remain in its 6

0 4 0

existing state; but, independently of the theoretical And so on, at the rate of 6d. per line. A discount, proportioned to the number of repetitions, such an order is accompanied with so many difficul

clumsiness of the expedient, the practical enforcing of will be allowed upon all Advertisements ordered for three or more insertions.

ties, that we believe there is no instance on record of

its operating otherwise than by bringing about a comLONDON, APRIL 29, 1854.

promise. But however that may be, and assuming the

mandatory injunction to be fully effective, there has Wx continue in this part of The JURIST the observa- been no attempt to carry it beyond ordering the restotions which were commenced in a former number, (see ration of things to a pre-existing state: thus, someante, p. 122), on the state of procedure in the Court of what trifling repairs have been ordered by injunction; Chancery.

(Lane v. Neudegate, 10 Ves. 192); so, by injunction, The next material defect of the Court of Chancery excavations improperly made have been ordered to be is its want of power directly to compel an act to be filled up. (1 Railw. Cas. 159; Lord Mexborough v. done, and its total want of power to give damages. Bowes, 7 Beav. 127). But we are not apprised of any

The Court of Chancery has continually to decide attempt to enforce by mandatory injunction the percases in which the question is, whether one person is formance of a specific, substantial, and extensive act doing some act in breach of his contract with another agreed to be done. Thus, suppose a builder agrees to person, or another set of persons—as whether a railway build a house according to a given plan and specificompany, in building a station on the edge of my cation, there is no rational ground why he should not meadow, or in throwing up an embankment right in be compellable to perform that agreement, and no more front of my house, or the like, is committing a breach real difficulty about it than in compelling a man to of its parliamentary contract with me, as one of the execute a conveyance; but such an agreement the public. Now, if I can get to the Court of Chancery Court of Chancery has no power specifically to enforce, before the company has done anything material, I directly or indirectly. may obtain an injunction, and stop them from going Now, it seems to us impossible to distinguish, on any on. But if, for any of the thousand reasons that in sound and rational principle, this class of cases from the business of this world cause delays, I have been cases within the ordinary jurisdiction of enforcing speVol. XVIII.



cific performance. A man is as much bound to build for instance, he has not so conducted his part of the a house, if he agrees to do it, as he is to convey his transaction as to come up to that degree of equity estate, if he has agreed so to do. A company is as which is required by the Court before it will give what much bound to make its railroad on the wide gauge, it considers a special aid—a sort of indulgence; or beif it has agreed so to do, as it would be to transfer Co- cause, perhaps, the defendant has put it out of his own lumbian bonds, if to do that was the contract; and it power to perform the contract. In the former case the is as easy practically to enforce performance of the one plaintiff may deserve damages; in the latter he must contract as of the other. No doubt there are cases of be deserving of them. But in either case all the Court exception, when the Court should abstain from at- of equity can do is to dismiss the bill, with or without tempting to enforce specific performance, because prac- costs. Then the plaintiff, having, if his bill is dismissed tically it cannot estimate what is performance, and with costs, paid very heavily—if without costs, still therefore any order would be a perpetual source of heavily, for his mistake in coming to the wrong jurisconflict between the law and the subject, derogatory diction, goes to the right one, and then obtains damages. and injurious to the administration of justice. Of this Now, why this circuity should prevail—for what good class are the cases of acting, singing, writing a book, reason the Court of equity should not in such a case and the like. The Court does not attempt to enforce ascertain what is the damage suffered by the plaintiff

, performance of contracts to do these things, not be- and give him what he is fairly entitled to in respect of cause it would be more beyond its' power or more such damage, nobody can say, except that it has always absurd to commit a man for contempt for breaking been so; and we say, the sooner it ceases to be so, the such a contract than for breaking any other contract, better for the public. Of course, upon the suggestion but because it is impossible to ascertain what is wil- of such an alteration, as upon the suggestion of every fully breaking such a contract. There is a measure of departure from existing practice, objections would be what is breaking a contract to convey an estate, be- raised. cause what is requisite to be done for conveying it is It will probably be asked, how, by what machinery, perfectly well known, and the Court can judge whether is a Court of equity to assess damages ? We answer

, the party ordered to convey does or does not do the re- how does a jury do it? It hears the proof of the facts quisite things. But if Mademoiselle Wagner had been on which damage is established: it hears evidence to ordered to sing, and she sang a little flat or a little shew the amount of the injury; to shew the merits or sharp, or a little too fast or a little too slow for the demerits of the claimant; to shew everything, in fact, band, or made a few mistakes, or introduced very ill- on which a man of common sense comes to the concluplaced roulades, &c., so that, in effect, her singing sion that the plaintiff has suffered wrong-that his would be very unsatisfactory, how could the Court wrong is represented by a given amount of money, and ascertain--on what possible evidence could it ground a that, if he gets that money, he can no longer complain. conclusion that she had or had not disobeyed the order? Are, then, equity judges denuded of the faculties reSo, in the cases in which the Court has said it cannot quisite to go through so simple a process? Are they order a performer to act; the reason is, because the act- less able, than the respectable individuals who compose ing is not a measurable thing, of the complete doing or a jury, to understand evidence, and to draw from it not doing which the Court can form an opinion, and a common sense, business-like conclusion? The argutherefore it will not stultify itself by making an order ment is really too trivial to require for its refutation which might be in practice laughed at. But no such more than to be stated. The machinery, which is adedifficulty occurs in enforcing a contract--say to build a quate for taking the most intricate accounts, is surely house or a bridge, according to a given specification. sufficient to ascertain whether any and what damage Perfectly satisfactory evidence could be given on such has been suffered by any party to a suit, by his oppoa matter to enable the Court to say whether the thing nent not having done something that he ought to have agreed to be done had been done, and it could there- done—that is, in any case in which a jury or anybody fore just as well enforce its order as it can an injunction, else could ascertain the damage. strictly and properly so called.

We will conclude by noticing a defect which is rather Next, as to the deficiency of power in the Court of of the present structure of the Court than in its prinChancery to give damages. Why it should be op- ciples or procedure. We refer to the constitution of pressed by that infirmity it is difficult to conceive, but the Court of Appeal. The Court of Appeal in Chanso it is. The Court did indeed once attempt it in Den- cery is a sort of dissolving view: sometimes it presents ton v. Stewart, (see 17 Ves. 276, notes), and that was itself as two judges; anon that vanishes, and three apfollowed in Greenaway v. Adams, (12 Ves. 395). But pear; then that dissolves itself, and one only is seen. those cases were substantially overruled by Todd v. It is not of right that the suitor is heard on appeal by Gee, (17 Ves. 273), and have never since been treated three judges, or even by two. To have three is an inas of any authority. So that now one has but to satisfy dulgence for which he must shew a special ground; an equity judge that what is asked is damages, or even, and though two habitually do hear appeals, that is not as it is termed, sounds in damages, and he is forthwith at all of necessity. Now, this results simply from the seized with an equitable horror, which results in the habitual parsimony of the Legislature in relation to peremptory refusal of the relief asked. Now, the way anything that has a useful purpose. The Legislature This works is simply to put the parties to expense, and thought it had done a great thing in adding the two nothing more. A plaintiff files his bill for specific per- Lords Justices to the strength of the judicial staff in formance; it turns out that he cannot have it, either Chancery, and would not go a step further, although from his own conduct or that of the defendant; because, it was pointed out at the time, in and out of the House, that two is about the most inconvenient num-/ -the mode to which the plaintiff is usually limited ber that could be selected for an appeal court, for of reaping the fruit of his judgment. What can be many reasons-one, of itself almost enongh, being, more annoying than the ordinary practice respectthat whenever the two judges differ, as in the ordinary dered to be paid by instalments? But the principle

ing the paying in and getting out of a debt orcourse of human events they must not only sometimes, of ordering payment by instalments at all is grossly but not unfrequently, there is practically no decision; absurd and unjust. It is the first duty of the State in another reason being, that as no two men are ever matters civil to enforce, as perfectly as may be, the found exactly equal intellectually, there is the greatest prompt and exact performance of every contract for probability, that when there are two judges, one will valuable consideration, which was not immoral or otherhabitually more or less influence the other—not in- sonable to a degree implying fraud on the other side at

wise objectionable on the ground of policy, or unreatentionally of course, but in fact. The reason why the time of making it. When, by the tests provided by two, and no more, was the number selected, is ob- the bankruptcy and insolvency laws, it is ascertained, vious. It was necessary to have something more than or believed to be ascertained, that a man is really unable one judge as a permanent Court of Appeal; and to to fulfil all his pecuniary engagements, provision is save the expense of even a single judge's salary was no and then for discharging him, either absolutely or con

made for applying his means as far as they will go, slight object with the Imperial Parliament of Great ditionally, from further liability. Whether this branch Britain: therefore the Court was composed of two, of our law is not too lax in favour of debtors I need and no more. That that number is not satisfactory is not now inquire; but I take it to be clear, that when, proved, however, by the continual struggle made by independently of the bankrupt or insolvent law, a suitors to obtain the presence of the full Court; not a for full payment of the debt has passed, “You shall

court of justice says to a creditor, after the time agreed day passes without some application to have a case take payment only by so many weekly or monthly heard by the full Court, all sorts of pretexts being instalments,” it varies the contract between the parties, put forward for this special indulgence-all in general either wantonly, or on an assumption of reasons, the equally flimsy; the real and only ground being, that the existence and cogency of which are never ascertained, suitors feel (or their advisers feel for them, which is and are in fact unascertainable. the same thing) that a Court composed of three or of paternal government. If the judge is soft-headed,

We are indebted to the sentimentalists for this sample four judges (and they would prefer four generally to (and therefore supposed to be soft-hearted), the defendthree) is better than a Court composed of two; and ant asks for time as a matter of course, and obtains it they point, and with reason, to the Courts of law, to as a matter of course, unless the judge has some prithe Privy Council, and to the House of Lords, as exam- vate prejudice or grudge against him, (and experience ples of the prevalence in practice, everywhere but in the proves that many of these grandees are much infested Court of Chancery, of a Court of Appeal being com- by Mordecais). "If the judge inquires, he elicits at most posed habitually of more than two persons. Thus, we that the defendant is poor and unable to pay at once,

an assertion on one side, (usually denied on the other), contend, ought the Court of Appeal in Chancery to be and there the inquiry necessarily ends, the real ability constituted—it ought to have at least three, it would of the defendant being left as doubtful as if the quesbe better with four judges; whether they should be all tion had never been asked, while the possibly greater permanent judges, or whether the third and fourth need of the plaintiff is regarded as wholly irrelevant. should be drafted for appeals from the other branches The result is, that in the majority of cases the county

court, which is represented to be a court for the conveof the Court, according to the practice followed in com- nient and expeditious recovery of debts, acts as a court posing the Exchequer Chamber, is a question of detail, for the granting of protection to fraudulent debtors, its with which we do not attempt here to meddle. But on judgment for deferred payment amounting to protecthe broad proposition we entertain no doubt, that no tion in the meantime; sufficient to enable the debtor to appeal should ever be heard by less than three judges.

decamp with his goods, or make them over to some accommodating relation or friend; for the county court,

in exercising this kind of bankruptcy jurisdiction, omits Correspondence.

the precaution of laying hands on the debtor's assets. If this form of relief is good for the small vulgar

debtor, it should be equally good for the genteel one, THE COUNTY COURTS.

who, in mental and corporal suffering, often feels a THE JURIST.”

pang as great as when a smith is sued. Indeed, the SIR,— Towards the close of last year* I was gratified jurisdiction seems more peculiarly suitable to that class by your powerful and just remarks on certain evils and of debtors who are accustomed to cover destitution with abuses which, as you say, have either crept into or were

a varnish of gentility. I believe that the scamps form originally incident to county courts. Your able and a much larger proportion of the defendants in the bold exposition of those evils led me to hope that you county courts than they do in the superior courts, bewould propose some efficient remedy. Perhaps the cause in the lower ranks of life the real circumstances following imperfect suggestions may

and characters of debtors are less disguised, and consestimulate


quently it more frequently happens that a creditor feels I think, in the first place, that your enumeration of assured both that his debtor is unable to pay at once, evils is not complete, and probably it was not intended and that he needs no judicial process to compel him to to be so. I may mention a few omissions, without pay as soon as he can. But however that may be, it is pretending to exhaust the list. You concede to the an act of improvidence to contract debts without the county courts the merits of convenience, cheapness, and means or prospect of paying them at the stipulated expedition. The convenience of the county court pro- time; and to release or vary such contracts is, pro cedure is not always apparent. Take a single instance tanto, to levy an impolitic as well as an unjust poor

rate on creditors.

What I have said in qualification of your praise * See 17 Jur., part 2, p. 497.

of the convenience of these tribunals will also tell


do so.

against the attribute of expedition. I believe it is well It is impossible that a judge can long retain a clear known that they are not always exemplary on the judgment in questions either of evidence, of law, or of score of cheapness; but I will pass that, and come to what is called natural justice, if he is confined to petty the important question of their efficiency. And, first, cases, and is not kept up to the mark by an efficient of the flagrant cases of prejudice and corruption which Bar. It is impossible, in short, that any person can must have occurred to the observation of all who have long retain his respectability in any walk of life where had much experience in a variety of the courts. I do he is not encountered by his equals. The cock of the not at present refer to any case of pecuniary corrup- walk proverbially deteriorates. We are all conscious tion, but to cases of prandial, choreal, comitial, eccle- of an illiberal (but not unphilosophical) conviction siastical, and such like interests or predilections. That that schoolmasters cannot be gentlemen, which makes the “spes cenatica” often suffices to disturb the ha- us discredit the legend of Tyrtæus, and receive that of lance of justice in the hands of a man supposed to pos- Dr. Arnold cum grano. In the business and the bar seks an educated soul, (not to mention his income, for of the superior courts the judges meet their equals, non constat that it is not more than effaced by his out and are bettered by them.

T. goings), is a sad truth, which it is of no use to ignore. Then there are the opinions which, in a country district, every man who is not a hermit forms as to the COMMISSIONERS TO ADMINISTER OATHS character, habits, and means of most of the people

IN CHANCERY. about him, including the labourers-opinions picked up for the most part in the college of Rumour. Add all those sources of prejudice suggested by Scott's story of

The Lord Chancellor, under the powers of the 16 & the defeated chess-player, who ultimately enjoyed the 17. Vict. c. 78, intituled “An Act relating to the Apsatisfaction of checkmating his opponent by condemning pointment of Persons to administer Oaths in Chancery, him to death from the judgment-seat.

and to Affidavits made for Purposes connected with The remedy is obviously that which you suggest. Registration," has appointed the following gentlemen No judge inust administer justice in the district where to be Commissioners for administering Oaths in Chanhe permanently resides, unless he be a notorious berinit cery: -i.e. live in London. The judges must be itinerant over

To be London Commissioners. every part of the country except their own districts. Laurence Desborough, 6, Sise-lane, City. Such an alteration of the system would soon lead to William Benford Nelson, 11, Essex-street, Strand. other amendments not unini portant. At present the John Stephen Spindler Hopwood, 47, Chancery-lane. few county court judges who were originally tolerably John Vincent, 4, Inner Temple-lane, Temple. well fitted for their office, and who have not suffered Richard Henry Witty, 21, Essex-street, Strand. much from its deteriorating influence, sustain the re

Walter Southwood, 30, Somerset-street, Portmanputation of the body. But if the opportunity of ex- square. periencing and criticising the qualifications of every Richard Nation, 4, Orchard-street, Portman-square. individual member of the body in succession were Murray Maxwell Johnson, 20, Austin. friars, City. afforded to every district in the kingdom, the lament.

To be Commissioners in England. able average deficiency would become notorious, and some alteration, with a view to securing better appoint- Benjamin Morley Clough, Worksop, Nottinghamshire


Charles William Hunter, Derby. ments and permanent efficiency, would be insisted and then, perhaps, would be seen the necessity of George Brindley Acworth, Rochester, Kent.

William Payn, Birmingham. adopting a proposition which at present I expect to be met only with ridicule. The evil is this—that in every judicial qualification the county court judges are, as a

London Gazettes. body, immensely inferior to the judges of the superior courts. From causes sufficiently obvious, the best men do not seek the appointments; the best of those who

FRIDAY, APRIL 21. would accept them are not generally selected ; and the nature of the duty, like that of a police magistrate,

BANKRUPTS. tends to deteriorate the functionary. It is not enough GEORGE HARTSHORNE and GEORGE HARTS. to have got rid of the nuisance of jury trial. The HORNE the younger, Great Dover-street, Southwark, system does not work well, and in large commercial towns Surrey, ironmongers, dealers and chapmen, May 5 at 1, this is felt by those who are most affected by it.

and May 30 at 12, Court of Bankruptcy, London: Of. Nothing but extreme poverty can excuse a State

Ass. Edwards; Sol. Gray, 25, Great Tower-street, London, from providing an equal amount of judicial efficiency

- Petition filed April 19. for the dispatch of all its judicial business. If I lose FREDERICK WILLIAM WRIGHT, Brighton, Sasser,

chemist and druggist, May 2 at 2, and May 26 at 12, Court 201. by an erroneous decision, I find no consolation in

of Bankruptcy, London: Off. Ass. Lee; Sol. Goren, 29, reflecting, that if 601, had been in question, I might

South Molton-street, Oxford-street, London.-Petition filed have had a better judge. The question of expense in April 15. this case is no question at all; and here I would throw in SAMUEL CLARKSON PETERS, Southampton, draper, the teeth of the Legislature the cost of their palace, and dealer and chapman, May 2 at half.past 2, and May 29 at of its ventilation, if that missile had not been already 1, Court of Bankruptcy, London: Off. Ass. Lee; Sols. so freely used by other projectors. Let the number of Van Sandau & Cumming, 27, King-street, Cheapside, Lonpuisne judges be increased to seventy or seventy-five;

don.- Petition filed April 12. let them interchange their districts at intervals of six JOHN AMEY, late of Brighton, Sussex, grocer, and now of or nine months, holding frequent sittings, according to

West Tarring, Sussex, market gardener, dealer and cbapman, the present county court practice, but at such sittings

May 2 at 12, and May 30 at 1, Court of Bankruptcy, Lon.

don: Off. Ass. Edwards; Sols. J. & J. H. Linklater, 17, taking the whole of the civil business of the district, suh. ject to regulations for the separate hearing of cases not WILLIAM GEORGE TRANGMAR and JOHN TRANG.

Sise-lane, Bucklersbury, London.-Petition filed April 5. argued by counsel; and let them in rotation sit in banco. We shall thus at once elevate the county courts, secure

MAR, Brighton and Shorebam, Sussex, grocers, dealers

and chapmen, April 29 at 1, and June 2 at 12, Court of their judges from deterioration, raise the standard of

Bankruptcy, London: Off. Ass. Cannan ; Sols. Kennett, the Bar, and greatly facilitate the trial of those civil Brighton ; Sowton, 6, Great James-street, Bedford-row, cases which are now excluded from the county courts. London.- Petition dated April 15.

« ZurückWeiter »