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of Master)



0 2 6
0 3 0



there will be less chance than ever of counsel behind The Scale of Charges for Advertisements will in future be the bar, or even of the juniors of the inner bar, getting as follows :

£ 8. d.

their opposed motions heard. The difference between For 2 lines or under

0 2 0 3

a list and the existing system is plain enough. When

motions are made according to seniority, every counsel

0 3 6 within the bar having a right to make two motions, it 6

0 4 0

follows in theory, and it has been found to follow in And so on, at the rate of 6d. per line. A discount, proportioned to the number of repetitions, more than two, or, at the most, three, of the leading

practice, whenever there has been a fixed Bar, that no teill be allowed upon all Advertisements ordered for three or more insertions.

counsel can be heard on a seal, to move. The seal being

concluded, the right to move according to seniority is LONDON, JANUARY 28, 1854.

again acted upon at the next seal. First, the old mo

tions are moved; next, those for which briefs have been The resolution adopted by the gentlemen practising delivered in the interval, and so on; so that the chance within the bar in Chancery, to confine themselves each of moving an opposed motion, may not come to the to one Court and the Court of Appeal, (including, of outer bar for six or seven seals running; and in actual course, the House of Lords and the Privy Council), is practice that has repeatedly and continually occurred. most satisfactory, and will, we trust, work as well for Now, we are not meaning to suggest that any rule ought the honour, comfort, and otherwise for the advantage to be adopted intended or tending to transfer business of those learned persons, as it undoubtedly will for the from the inner to the outer bar. We have, as we beconvenience of the suitor, and that generally ignored lieve most junior counsel in actual practice have, an body of men called “the outer bar.” It renders, how- unfeigned respect for the inner bar—an unfeigned deever, more necessary than ever the adoption of a rule sire that its status, and all its rational privileges, should for which we long ago contended, for having, on the be maintained-looking upon it, as we all do, as the day appointed for motions, a paper of motions in the body that guards and represents the honour and inCourts of the Master of the Rolls and the Vice- terests of the whole Bar. But then, on the other hand, Chancellors, as well as in the Appeal Courts; because, we have also some reverence for the mights of the suitor, now that each Court will have its permanent inner bar, I and we conceive that no rule ought to interfere with Vol. XVIII.



his most sacred and unquestioned right to choose his

Correspondence. counsel; and though in general he will be advised, and rightly advised, to intrust important motions to leading counsel, and to the most eminent amongst to the report of a case in the Legal Observer of the 14th

The attention of the Editor of THE JURIST is drawn them, yet there are cases under which it


be prudent for him, and at any rate he has always a

January, under the title, In re Clerks of Records and right, if it so please him, to confide a motion to Writs Oaths in Chancery Act, where it is stated to have younger and more obscure silk gownsmen, or even

been held by the Lord Chancellor, “that a London Comto juniors; but if he is to be told that when- missioner to administer oaths in Chancery, under the ever, from economy, or caprice, or from any other 16 & 17 Vict. c. 78, is empowered to administer the oath motive, with which no mortal has anything whatever at the residence of the deponent, or elsewhere within to do, he chooses to adopt the latter course, he may ten miles of Lincoln's Inn Hall, and is not limited to wait from what in America is termed July to eter- his place of business*.” The terms in which the Lord nity before his unfortunate counsel can get a hear-Chancellor delivered his opinion on the case, which was ing, practically his boasted freedom of choice is arbi- stated ex parte, are not given in this report. His Lord. trarily and compulsorily interfered with. The notion ship said “ that his attention had been previously called of his being at liberty to select his own counsel is to the point out of court, and he had come to the

-a pure abstraction. But this is not all; he strict the commissioners to administer oaths at their mythical—a

opinion, not without doubt, that the act did not reis not merely mulcted in delay,he is heavily mulcted respective places of business; and this opinion was in costs. True, he does not refresh his counsel by strengthened by an observation made to him by Lord supplemental fees; but his solicitor, who is bound to Justice Turner, (who was on the bench), that "it was attend on every day of motions till the motion is made, clear that the act was not intended so to restrict them, because on any such day it may be made, is fairly entitled for by the 7th section the commissioners were em

powered to administer oaths in the county palatine of to make, and always does make, a charge for attendance; Lancaster.'” The learned Lord Justice must have read and thus the unhappy suitor pays frequently more for this 7th section hastily, for it does not bear the conhis solicitor waiting day after day, when the motion is struction thus put upon it. It merely empowers the not made, than would have secured the advocacy of the commissioners “to administer oaths for all suits and first advocate. Now, a list of motions would, so far matters whatsoever in the Chancery of the county pa

latine of Lancaster.” The Lord Chancellor, in giving as is practicable, remedy all this, because then no one his opinion as above, 'stated the limit of the London would be bound to attend unless a motion was in the Commissioners' jurisdiction to be within ten miles of paper; and every motion being disposed of in its order, Lincoln's Inn Hall. within a reasonable time every suitor would get his section, “ within ten miles from Lincoln's Inn Hall,"

Now, the words in the 2nd motion heard, whether he aspired to the dignity of are merely words of qualification for the office of Lonbeing heard from the very centre of the inner bar, or don Commissioner; and unless the words " at their modestly confined himself to the brightest wig and the respective places of business” are read as limiting the blackest gown of the third row. Something, we believe, has been said from time to The words' “ at their respective places of business,

jurisdiction, there are no words in the act which do so. time, this subject, about some supposed privilege of being read as antecedent to the words “ to administer," the inner bar, of moving by seniority, by virtue of may not be strictly grammatical; but where is perfect their patents as counsel to the Crown.

This question we would investigate as a question of grammar to be looked for in acts of Parliament? They legal right, if it were worth while to do so. But it

* The 1st, 2nd, and 7th sections of the act are as follow:scarcely can be worth while to discuss whether it ever

Sect. 1. "The persons now styled • Masters Extraordinary had existence, when the privilege, if ever it did exist, in Chancery' shall cease to be so styled, and they, and all perhas been so long virtually abandoned by the inner bar, sons hereafter_appointed by the Lord Chancellor to execute by their acquiescence in a paper of motions in the like duties in England, shall be designated Commissioners to Appeal Court. If there was anything in it, it must administer Oaths in Chancery in England,' and shall possess apply as well in that Court as in the Courts below. and exercise all such powers and discharge all such duties as Indeed, as an ancient privilege, it could not have existed now appertain to the office of Master Extraordinary in Chanin the Vice-Chancellors' Courts; and in aid of this cery by virtue of any statute or order of the Court of Chancery argument, it will be recollected, that motions in the or of the Lord Chancellor, or usage in that behalf, or other

wise." subordinate Courts, at least in the Vice-Chancellors' Courts, are technically and strictly coram the Lord time to time to appoint any persons practising as solicitors

Sect. 2. “ It shall be lawful for the Lord Chancellor from Chancellor, who hears them by his Vice-Chancellors; within ten miles from Lincoln's Inn Hall, at their respective who makes, that is, signs and gives force to, the orders; places of business, to administer oaths and take declarations, who may, whenever he chooses, hear them originally; affirmations, and attestations of honour in Chancery, and to and who, when there is what is commonly called an possess all such other powers and discharge all such other “appeal,” does not, in strictness, hear an appeal from a duties as aforesaid ; and such persons shall be styled • London judge of substantively original jurisdiction, but rehears Commissioners to administer Oaths in Chancery;' and they what he is supposed himself to have heard before. shall be entitled to charge and take a fee of ls. 6d. for every So that the privilege, if it had any existence, was a

oath administered by them, and for every declaration, affirma. privilege in the Chancellor's Court, in which it has tion, or attestation of honour taken by them, subject to any been long abolished.

order of the Lord Chancellor varying or annulling the same. On every ground, then, of right in the suitor, of ab

Sect. 7. “ That where any person is or shall be authorised sence of any antagonistic right in the inner bar, and of to administer oaths for the High Court of Chancery, such is convenience and economy in the dispatch of business, matters whatsoever in the Chancery of the county palatine of

and shall be authorised to administer oaths for all suits and we repeat, let it be pressed by the Profession on the Lancaster ; and where any plea, answer, affidavit, or other doattention of the judges of the Court of Chancery, that cument whatsoever is or shall be receivable in evidence in the there should be a regular paper of motions, as well as of High Court of Chancery, the same shall be in like manner causes and petitions,

receivable in the said court of the county palatine."

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are, at all events, sense. On the contrary, reading the

COURT OF QUEEN'S BENCH. words as part of the qualification for the office, they HILARY TERM.-17 VICTORIA.-Jan. 23, 1854. are not merely surplusage, but wholly without meaning. If, as thrown out by the Lord Chancellor, there Monday the 6th, Tuesday the 7th, and Wednesday the

This Court will on Friday the 3rd, Saturday the 4th, is the least doubt on the subject, it ought to be set at 8th days of February next, hold sittings, and will prorest by a declaratory act; for in the event-not an un- ceed in disposing of the remaining cases in the New likely' one-of an indictment for perjury, or any other Trial Paper, the Special and the Crown Papers, in the criminal offence, founded on an answer or affidavit order named; and will also hold a sitting on Saturday sworn before one of the London Commissioners else- the 18th day of February next, to give judgment in any where than at his place of business, surely the defendant undecided cases which may have been argued. The would get the benefit of any such doubt.

Court will sit at ten o'clock on the first five days, and [We have not any report of the case referred to by at twelve o'clock on the last. BY THE COURT. our correspondent. If reported as stated by him, it must certainly be incorrectly reported, as it is quite impossible that the Lord Chancellor and Lord Justice

COURT OF EXCHEQUER. Turner can have said concurrently the two things

HILARY TERM.-17 VICTORIA.-Jan. 23, 1854. imputed to them. The Lord Chancellor may by pos- This Court will hold sittings on Wednesday the 1st sibility have held that the 2nd section was to be read, day of February next, and on every succeeding day that persons " practising within ten miles of Lincoln's (Sunday excepted) until and including Tuesday the Inn Hall, at their respective places of business,” may be 7th day of February next, and will at such sittings appointed to administer oaths, without limit as to the proceed in disposing of the business then pending in the locality in which they are to administer the oaths, Paper of New Trials and in the Special Paper, and in though we can hardly think that his Lordship did so all other business then pending in this Court; and will hold; but if he did state that opinion, then Lord Jus- also hold a sitting on Thursday the 23rd day of Februtice Turner's alleged construction of the 7th section ary next, and will on the said 23rd day of February would have been at least consistent with it. But if the next proceed in giving judgment in all matters then Lord Chancellor held that the commissioner, though standing for judgment. not limited to his own place of business, is limited to

FREDERICK POLLOCK, ten miles from Lincoln's Inn Hall, then Lord Justice

J. PARKE. Turner's alleged construction of the 7th section would

E. H. ALDERSON. be in direct opposition to, instead of supporting, the

SAMUEL MARTIN. Lord Chancellor's opinion.

We confess we greatly doubt either of the learned COMMISSIONERS TO ADMINISTER OATHS judges having given the opinion attributed to him, as

IN CHANCERY. it seems scarcely possible to doubt, that, as suggested by our correspondent, the construction of the 2nd section

The Lord Chancellor, under the powers of the 16 & is, that the persons to be appointed must be solicitors practising within ten miles of Lincoln's Inn Hall, that 17 Vict. c. 78, intituled “ An Act relating to the Apbeing their qualification for appointment as London pointment of Persons to administer Oaths in Chancery, Commissioners, and that they are to administer oaths and to Affidavits made for Purposes connected with at their respective places of business, which of course

Registration," has appointed the following gentlemen would be within the ten miles. If read as appointing

to be Commissioners for administering Oaths in Chanpersons practising as solicitors within ten miles from

cery :-Lincoln's Inn Hall, at their places of business, the obser- George Frederick Abrahams, 6, Great Marlboroughvation immediately occurs, how can persons practise as

street, and 1, Fortess-terrace, Kentish-town, to be a solicitors except at their places of business ?-and that

London Commissioner. if so read, then clearly there is no limit to their au- | William Pownall, 9, Staple-inn, to be a London Comthority in point of locality, which would be quite

missioner. inconsistent with the distinction between them as “ Lon- Edward Burkitt, Curriers'-hall, London-wall, City, to don Commissioners” and the commissioners of the 1st

be a London Commissioner. section, who are only the country Masters Extraordi- George Cox, 14, Sise-lane, City, to be a London Comnary with new faces. As to the 7th section, it is quite William Collisson, 28, Great James-street, Bedfordclear that all it means to do is to give to any person, who has authority to administer oaths for the Court of

row, to be a London Commissioner. Chancery, the like power to administer them for the Hyla Holden, Worcester, to be a Commissioner in business of the Lancaster Court-not necessarily in Lan

England. cashire, but wherever the particular commissioner might James Wells Taylor, 28, Great James-street, Bedfordadminister oaths for the Court of Chancery; and so we

row, to be a London Commissioner. are confident it will be decided if the point should ever John Smale Torr, 38, Bedford-row, to be a London come to be heard on argument.–Ed.]

William Jones, 7, Crosby-square, City, to be a London

Commissioner. REGISTRATION OF TITLE COMMISSION.-The Queen has Richard Minshull Jones, 190, Tooley-street, Southbeen pleased to appoint the Right Hon. Spencer Horatio wark, to be a London Commissioner. Walpole; the Right Hon. Joseph Napier; Sir Alexan- Barclay Farquharson Watson, 36, Lincoln's-inn-fields, der James Edmund Cockburn, Knt., Attorney-General; to be a London Commissioner. Sir Richard Bethell, Knt., Solicitor-General; Thomas William Martin Wilkinson, 44, Lincoln's-inn-fields, Emerson Headlam, Esq., Q. C.; Vincent Scully, Esq., to be a London Commissioner. Q. C.; Robert Lowe, Esq., Barrister at Law; William Henry Vallance, 20, Essex-street, Strand, to be a Lon. David Lewis, Esq., Barrister at Law; Henry Drum- don Commissioner. mond, Esq.; John Evelyn Denison, Esq.; Robert James Bird, 5, New-inn, Strand, 30, Hornton-street, Wilson, Esq.; and William Strickland Cookson, Esq., Kensington, and Brook-green, Hammersmith, to be to be her Majesty's Commissioners for considering the a London Commissioner. subject of the registration of title with reference to the Charles Matthew Clode, 2, Gray’s-inn-square, to be a sale and transfer of land.

London Commissioner.

Stephen Williams, 16, Bedford-row, to be a London | WILLIAM HESKETH, Blackburn, Lancashire, cotton Commissioner.

manufacturer, Jan. 31 and Feb. 21 at 12, District Court of Nathaniel Hollingsworth, 24, Gresham-street, City, to Bankruptcy, Manchester : Off. Ass. Fraser; Sols. Wilkin. be a London Commissioner.

son, Blackburn ; Sale & Co., Manchester.-Petition filed

Jan. 11. St. Pierre Butler Hook, 9, Lincoln's-inn-fields, to be a

JOHN WORSLEY, Macclesfield, Cheshire, cabinet maker, London Commissioner.

Feb. 6 and 28 at 12, District Court of Bankruptcy, Man. Alfred Frederick Chamberlayne, 31, Great James

chester: Off. Ass. Pott; Sols. Taylor, Manchester ; Taylor, street, Bedford-row, to be a London Commissioner. William Tredway Clarke, 30, Great James-street, Bed

15, South-street, Finsbury-square, London.-Petition filed

Jan. 9. ford-row, to be a London Commissioner.

MEETINGS. John Clayton, 10, Lancaster-place, Strand, to be a

William Brook, Manchester and London, stuff merchant, London Commissioner.

Feb. 1 at 11, District Court of Bankruptcy, Manchester, last John Parkinson, 9, Argyle-street, Regent-street, to be ex.- George Langford, Portsea, Southampton, brewer, Feb. 8 a London Commissioner,

at 12, Court of Bankruptcy, London, aud. ac.-W. Younger Matthew Ford, 8, Lincoln's-inn-fields, to be a London the younger, King's-Arms-buildings, Cornhill, London, auc. Commissioner.

tioneer, Feb. 8 at 12, Court of Bankruptcy, London, aud. Thomas Henry Street, 1, Brabant-court, Philpot-lane, ac.—Edward H. Parkes, Upper Ebury-street, Pimlico, Mid. City, to be a London Commissioner.

dlesex, corn chandler, Feb. 8 at 12, Court of Bankruptcy, James Williamson, 10, Great James-street, Bedford London, aud. ac.— Wm. Brown, Portsmouth, Southampton, row, to be a London Commissioner,

licensed victualler, Feb. 13 at 12, Court of Bankruptcy, Lon. Edwin Ward Scadding, 1, Gordon-street, St. Pancras,

don, aud. ac.-T. Johnson, Broad-street-buildings, London, to be a London Commissioner.

| merchant, Feb. 2 at half-past 11, Court of Bankruptcy, Lon.

don, aud. ac.-Simon L. Oppenheim, Broad-street-buildings, Edward Brooksbank Tattershall, 9, Great James-street,

London, merchant, Feb. 2 at 11, Court of Bankruptcy, Lon. Bedford-row, to be a London Commissioner.

don, aud. ac.- Thomas Thame, Buckingham, innkeeper, Feb. Edward Thompson, 4, Stone-buildings, Lincoln's-inn,

2 at half-past 11, Court of Bankruptcy, London, aud. be a London Commissioner.

Stephen Crute, Liverpool, slater, Jan. 30 at il, District Charles Rivington, 1, Fenchurch-buildings, to be a Court of Bankruptcy, Liverpool, aud. ac.-William Jones, London Commissioner.

Conway, Carnarvonshire, chemist, Jan. 30 at 11, District Frederick Allan Grant, 13, King's-road, Gray's-inn, Court of Bankruptcy, Liverpool, aud. ac.John Heap the to be a London Commissioner.

elder and Richard Heap, Longsight, Manchester, silk printers, John Randall, 10, King's-bench-walk, Temple, to be a Feb. 2 at 12, District Court of Bankruptcy, Manchester, and. London Commissioner.

ac.—George C. Pauling and Robert C. Sharp, Manchester, Frederick Ouvrey, 13, Tokenhouse-yard, City, to be a

merchants, Feb. 1 at 12, District Court of Bankruptcy, Man. London Commissioner.

chester, aud. ac.-Thomas Kershaw, Crossland, near Hud. Joseph Muskett Yetts, Temple-chambers, Fleet-street,

dersfield, Yorkshire, and Manchester, stone merchant, Jan. 30 to be a London Commissioner.

at 12, District Court of Bankruptcy, Manchester, aud, ac.; Feb. 13 at 12, div.- Alexander M*Kerrow, Kingston-upon

Hull, Yorkshire, draper, Feb. 8 at 12, District Court of
London Gazettes.

Bankruptcy, Kingston-upon-Hull, aud. ac.-Wm. Broadbent,
Delph, Yorkshire, cloth merchant, Feb. 2 at 11, District

Court of Bankruptcy, Leeds, aud, ac.-Joseph Wood, Barns.
FRIDAY, January 20.

ley, Yorkshire, linen manufacturer, Feb. 2 at 11, District BANKRUPTS.

Court of Bankruptcy, Leeds, aud. ac.- John Hamilton, KingBENJAMIN MILLER, Landport, Portsea, Southampton, street, St. James's, Middlesex, wine merchant, Feb. 14 at 11, mercer and draper, Jan. 31 at 11, and March 2 at 12, Court Court of Bankruptcy, London, div.-John Powell and David of Bankruptcy, London: Off. Ass. Johnson ; Sols. Sole Powell, Woolwich, Kent, linendrapers, Feb. 14 at half-past & Co., Alderinanbury.- Petition filed Jan. 3.

11, Court of Bankruptcy, London, div.-Joseph Matthews, GEORGE NEWMAN, Stratford-place, Camden-town, Mid. Great Waltham, Essex, grocer, Feb. 15 at 2, Court of Bank

dlesex, builder, Jan. 28 at 11, and March 3 at half-past 1, ruptcy, London, div. -Charles S. Coe, Oxford-street, Mid. Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. dlesex, shoemaker, Feb. 14 at 11, Court of Bankruptcy, Laurence & Co., 12, Bread-street, Cheapside.-Petition London, dis.-Thomas Corpe, Limehouse, Middlesex, tavern dated Jan. 17.

keeper, Feb. 14 at 11, Court of Bankruptcy, London, fin. div. JOHN HALES SWEET, Tunbridge Wells, Kent, seeds- |-james Dowle, Chepstow, Monmouthshire, wine merchant, man, florist, dealer and chapman, Jan. 27 and Feb. 28 at 1, Feb. 16 at 11, District Court of Bankruptcy, Bristol, div.Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Wm. Haining, Cheltenham, Gloucestershire, grocer, Feb. 23 Pawle, 5, New-inn, Strand, London.-Petition filed Jan. 5.

at 11, District Court of Bankruptcy, Bristol, div.-Edward HARRY WINTON, HARRY JOHN LANGRIDGE

Pass, Sheffield, Yorkshire, butcher, Feb. 11 at 12, District WINTON, and EDWIN WILLIAM WINTON, Bir- | Court of Bankruptcy, Sheffield, div. mingham, agricultural implement makers, dealers and chapmen, (trading under the firm of Winton & Sons), Jan. 31

CERTIFICATES. and March 7 at 11, District Court of Bankruptcy, Bir. To be allowed, unless Cause be shewn to the contrary on or mingham : Off. Ass. Christie; Sols. E. & H. Wright, Bir

before the Day of Meeting. mingham.- Petition dated Jan. 13.

Wm. Crebo and John Hay, Mount-street, Lambeth, SurWILLIAM TAYLOR WARREN, MATTHEW WAR. rey, tailors, Feb. 14 at half-past 11, Court of Bankruptcy,

REN, and CHARLES DENROCHE, Cardiff, Glamor- | London.- Joseph Matthews, Great Waltham, Essex, grocer, ganshire, contractors, builders, dealers and chapmen, Feb. 3 Feb. 16 at 2, Court of Bankruptcy, London.-Wm. Brown, and March 8 at 11, District Court of Bankruptcy, Bristol : Portsmouth, Southampton, licensed victualler, Feb. 13 at 12, Off. Ass. Acraman; Sols. Savery & Co., Bristol.-Petition Court of Bankruptcy, London.-Charles S. Twigg, Cardiff, filed Jan. 13.

Glamorganshire, brickmaker, Feb. 14 at 11, District Court of GEORGE KILLICK KENT, Taunton, Somersetshire, Bankruptcy, Bristol.- John Wills, Exeter, builder, Feb. 23

plumber and painter, Jan. 26 and Feb. 23 at 1, District at 1, District Court of Bankruptcy, Exeter.-George Alcock, Court of Bankruptcy, Exeter : Off. Ass. Hirtzel ; Sols. Manchester, draper, Feb. 14 at 12, District Court of BankMessrs. Frenchard, Taunton ; Stogdon, Exeter.-Petition ruptcy, Manchester.John L. Ward, Fullege, Burnley Wood, filed Jan. 17.

Burnley, Lancashire, cotton spinner, Feb. 13 at 12, District CHARLES JOHN POOLE, Bridgewater, Somersetshire, Court of Bankruptcy, Manchester.-W. Thomas the younger,

baker, dealer and chapman, Jan. 26 and Feb. 23 at 1, Haworth, Yorkshire, worsted spinner, Feb. 10 at 11, District District Court of Bankruptcy, Exeter : Off. Ass. Herna. Court of Bankruptcy, Leeds. — Gregory Barrett the elder man; Sols, Smith, jun., Bridgewater ; Stogdon, Exeter. and Gregory Barrett the younger, Kidderminster, and BathPetition filed Jan. 19.

street, Newgate-street, London, carpet manufacturers, Feb. 15

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