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Parliamentary Returns : Suitors' Fund.

SUITORS' FUND IN CHANCERY. A RETURN has been made to the House of Commons, of the date of the 8th March, under the hand of the Accountant-General, of the amount of the Suitors’ Fund, on the 1st January, 1800, shewing how invested, the amount of dividends received, payments made, and surplus each year, to 1st January, 1833; and stating the payments of salaries, surveyors of buildings, legal ex. penses, and miscellanies. In 1832, the amounts were,

£. 8. d. Three per Cent. Annuities . . . 962,060 7 6 Three per Cent. Reduced .

1,183,947 16 4 The Dividends

. 59.242 14 8 The total of salaries, surveyors, legal expenses, and miscellaneous for 1831, was £45,077 18s. 6d. The following is an account in detail of this expenditure :

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Lord Brougham and Vaux, Chancellor .

. 9 months' salary . Sir Lancelot Shadwell, Vice-Chancellor .

. 12 months' salary . W. G. Adam, Esq., as Accountant-General

. ditto S. Renard, Accountant-General's 1st clerk

. ditto S. S. Ward . ditto 2d clerk

. ditto J. Parkinson . ditto . 3d clerk

ditto G. Kitson ditto . 4th clerk

ditto T. Bacon

5th clerk

T. Giles
6th clerk

ditto S. Parkinson ditto 7th clerk

. ditto J. Neale ditto 8th clerk

• ditto B. Lewis ditto . 9th clerk

• ditto T. Boult 10th clerk

ditto S. M. Ward

Ilth clerk

. ditto J. Prendergast . ditto 12th clerk

ditto M. Robins ditto 13th clerk

. ditto S. Renard, jun.

14th clerk

· ditto E. O. Parkinson. ditto . 15th clerk

• 9 months' salary G. Jefferys ditto . 16th clerk

. 12 months' salary J. G. Wood . ditto . 17th clerk

. ditto . J. Watts . ditto . 18th clerk

. ditto . W. Kitson, appointed in the room of 15th clerk, who has left. 3 months' salary J. E. Dowdeswell, Esq., Master.

12 months' salary F. Cross, Esq. ditto

ditto J, Trower, Esq. . ditto

ditto V. Wingfield, Esq...

. ditto J. W. Farrer, Esq. . ditto

ditto Sir G. Wilson ditto

ditto Lord Henley ditto

ditto H. Martin, Esq. , ditto

ditto G. B. Roupel, Esq. . ditto

ditto . W. Brougham, Esq. . ditto

ditto . W. G. Adam, Esq. . ditto

. ditto . J. Stephens, Esq., Retired Master

, 12 months' pension. F. P. Stratford, Esq.. ditto

. . ditto . S. C. Cox, Esq. . ditto

. 15 months' pension J. S. Harvey, Esq. . ditto

· 12 months' pension J. Jekyll, Esq. . ditto

. . ditto . T. A. Raynsford, Esq., Deputy Registrar

21 months' salary F. B. Bedwell, Esq. : ditto

. 12 months' salary J. C. Fry, Esq. . ditto

6 months' salary E. D. Colville, Esq. . ditto

· 3 months' salary J. Collis, Esq., Entering Registrar

• 12 months' salary J. F. Le Cointe, Esq. ditto .

. ditto . R. O. Walker, Deputy Registrar's 1st clerk

, ditto . H. E. Bicknelli ditto . 2d clerk

. ditto J. M. Standon . ditto . 3d clerk

ditto H. Hussey . ditto . 4th clerk

ditto .

180 0 0
180 0 0
135 0 0
180 0 0
180 Ö Ő

45 0
600 0 0
600 0 0
600 0

0 0 600 0 0 600 0 0 600 0 0




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600 0 0 1,500 0 1,500 0 1,875 0 1,500 0 1,500 0 1,155 660 0 110 0 0

55 00 275 0 0 275 0 0 330 0 0 275 00 220 00 165 0 0








Parliamentary Returns: Suitors' Fund.

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• •

£. 8. d. F. R. Bedwell, Deputy Registrar's 5th clerk

. 12 months' salary . 110 0 0 C. Munro : ditto . 6th clerk

. ditto :

110 0 0 E. D. Colville, jun. ditto . 7th clerk

• 18 months' salary

82 10 0 R. W. Fry . ditto . 8th clerk

. 12 months' salary

55 00 J. N. Dancer, Esq., Examiner, A. to K.

300 0 0 T. H. Plummer, Esq., Examiner, L. to Z.

. ditto .

300 0 0 R. M. Leake, Esq., as Master of Report-office

• 9 months' salary . 82 10 0 R. T. Abbott, Agent to ditto .

• 12 months' salary 150 0 0 W. Lawson, Master of Report-office's 1st clerk. . 6 months' salary

250 0 0 W. Lampert


1st and 2d clerk . 12 months' salary 445 1 4 J. W. White

2d and 3d clerk .

372 10 8 A. M. Galindo

3d and 4th clerk.

ditto .

322 10 8 E. Johnson

4th and 5th clerk . . ditto .

217 12 1 J. Reid ditto 5th and 6th clerk. . ditto .

150 0 0 T. A. Gale ditto , 6th and 7th clerk . . ditto .

150 0 0 G. Marsden ditto . 7th clerk

. 6 months' salary

67 12 1 J. Lawson and Ann Lawson, executrix's of W. Lawson, deceased, proportion of salary due at his death

24 13 2 R. Critchett, Esq., as Usher of the Court of Cha . 12 months' salary 300 0 0 J. Nickolls, Court-keeper

90 0 0 C. Shadwell, Esq , Vice-Chancellor's Secretary

. ditto .

500 0 0 T. Funge, Usher to Vice-Chancellor

. ditto . . 200 0 0 J. Ward, train-bearer to Vice-Chancellor £. 34 17 31

100 0 0 J. Powell, late train-bearer to ditto . 65 2

· ditto

9 J. Baker, a person appointed to keep order in Court . 12 months' salary

40 00 W. H. Allen ditto

• ditto .

40 00 W. Kerbyshire ditto

ditto .

40 00 T. Allen ditto

i ditto .

40 00 C. A. Dancer, clerk to Examiner

. ditto .

100 0 G. Wigg, Esq., Surveyor

. ditto .

40 00 J. Hearnden, for the care of a stove in the vault un-2

ditto .

20 0 0 der the Record-office J. Smith, retired Deputy Examiner

. 12 months' pension. 200 0 0 J, A. Berry . ditto .

· ditto . . 200 0 0 G. B. Roupel, Esq., Master, for expenses of Public} 12 months' payment . 225 15 0 Office, &c.

. W.G. Adam, Accountant-General, for stationery, printing, coals, candles, rates and taxes on the offices, housekeeper's salary, and sundry tradesmen's bills in carrying on the business of the office, to repay money, paid by him for the above purposes during part of the year 1831, and the whole of the year 1832. 488 15 2 R. Critchett, Esq., Usher of the Court, for stationery and other articles supplied for the court and offices .

660 1 3 H. P. Collett, Esq., for articles supplied in the department of J. Nickolls, Court

keeper, 2846 168. 11d.; and in the department of F. Hersch, Deputy Usher, 5781. 88. 7d. .

863 5 6 T. Smith, for insurance

144 17 0 W. Roberts and D. Drew, money paid by them for removal of records to the Tower

60 12 9 D. Drew, Esq., attendance on said removal

15 0 0 W. Roberts, Esq. . . ditto

15 0 0 G. Wigg, Esq., as Surveyor

207 3 6 J. Blower, for costs

35 2 6 T. C. Shadwell, ditto

15 15 T. Smith . . ditto

55 14 10 J. Hine . . ditto

190 10 2 H. P. Collett. ditto

265 17 6 W. Westour, for the purchase of necessary articles for the use of Record-office : 1972 Total Sum paid out of the Suitors' Funds in the Year 1832

£45,077 18 6

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The Return also contains an account in detail of the expenditure, in 1831, of the sum of 32411. 118. 6d., for Miscellaneous Services, of which the following is a statement :

£. 8. d. H. P. Collett, being the amount of J. Nickolls's, the Court-keeper, and Francis Hirsch, the Deputy.Usher's, account of tradesmen's bills for articles supplied in their departments

968 98


Parliamentary Returns. Review : Andrews on the Criminal Law.

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R. Critchett, Usher and Court-keeper, in respect of stationery and other articles

supplied for the Court and Officers W. Roberts and David Drew, two of the Sworn Clerks in Chancery, expenses paid

by them for sprting, comparing, and correcting the Records in the Inrolment

office, with the Indexes in the said office D. Collins, stationer, for parchment, &c. supplied by him for the above purpose

(balance of his bill) D. Drew, salary granted to him for seeing the above carried into execution W. Roberts . ditto . . ditto

. W. Jackson, extra attendance as Porter J. S. Harvey, Esq. late Accountant-General, money paid by him to the stationer

for rebinding old books J. S. Harvey, Esq. late Accountant-General, for stationery, &c. supplied to his

J. Neale, Accountant-General's Eighth Clerk, for extra attendance in writing a

new Index to old Ledger Accounts
W. G. Adam, Esg. Accountant-General, for stationery, &c. supplied in his de-

J. Hine, Esq. for Sewers Rate
T. Smith, Esq. for Sewers Rate
T. Smith, Esq. for Insurance

108 15 10

80 0 0 100 00 200 0 0 17 0 0 17 0 0 24 10

£3,341 11 6

Accountant-General's Office, 2

8 March, 1833.

W. G. Adam, A. G.


then be spared for all except a few atro.. cious crimes.

The volume before us is arranged in the

following order : Criminal Law : being a Commentary on 1. Vagueness of the Law. 2. Faulty Ad

Bentham on Death Punishment. By Henry ministration of the Law. 3. Inefficieney Bartlett Andrews, London : Reader, of Death-punishment. 4. Tendency of 1833.

Death-punishment to produce Crimes. 5.

Irremissibility of Death-punishment. 6. We intend, at the earliest convenient op-Death-punishment enhancing the evil effects portunity, to consider the question of the of undue Pardon. 7. The causes of the punishment of Death" as a terror to evil general

cuto en general approval of Death-punishment. ers;" and the present volume will assist 8. The needlessness of Death-punishment us materially. It contains, arranged under proved by experience. 9. Fundamental appropriate sections, the opinions of the principle of extensive applicability in Crimileading writers on the subject, with many l nal Law, namely, “ that gradation of injury apt and forcible illustrations. Considering I requires gradation of punishment.” 10. Of the nature of the subject, it was the best | Penitentiaries. To which is added, Opinions course for the writer to quote largely from 1 of the Lord Chancellor as to the conduct of acknowledged authorities : these have been | Juries, as opposed to those of Sir Samuel judiciously selected, and Mr. Andrews has Romilly. added many useful remarks and various remonstrances of his own, on the side of a | We should have given a fuller notiec of more humane and better proportioned sys- the Work, had our space at this time pertem of punishment.

mitted, and shall return to the subject on We think that, on the one hand, the the occasion of its next Parliamentary dispunishment of Death is in many cases too eussion. severe ; and on the other, imprisonmentand transportation, as at present enforced, are frequently too lenient. We hope that the improvements designed in Secondary Punishments will be speedily effected, and the infliction of the punishment of Death may

New Courts on the Rolls Estate. -Superior Courts : Rolls.



NEW COURTS. RECORD OFFICE, | cularly as the building was considered inconJUDGES' HALL AND CHAMBERS, venient, and not being fire-proof, is not safe.

| The first part of the plan includes a Record Office (sufficient to hold all the records now seattered in different places), with the neces,

sary offices for the attendants, &c. &c.; Courts We have received the following communi

for the Master of the Rolls and Exchequer, cation regarding the proposal for the erection and the Court of Review ; Chambers for the of a General Record Office, Judges' Hall Judges and the Examiners, and other necessary and Chambers, New Courts, and other offices. Buildings, on the site of the Rolls Estate. Conceiving that Mr. Deering could not ef. It is contained in a letter addressed by Mr. fectually carry. Lord Dover's directions into Ker to Mr. Cooper, the Secretary of the

f the effect until he knew the space occupied by the

records in the different departments, Mr. Ker Commissioners of Public Records, dated in

requested him to inspect them; and from March last. We may, in a future number,

his report it appears, that the building he give the substance of the Architect's Report, purposes should first be erected will be suf. which is referred to in the following state ficient. ment.

Mr. Ker adds, that he believes the object

proposed has the sanction of the Chancellor ; A letter from Lord Dover was printed in the that the money requisite might be taken from Minutes of the Agenda, 26th November last the Suitors' Fund; and that he saw Lord Al(page 36), in which he states he had consulted thorp on the subject, who said he saw no ob. Mr. Deering, the architect, respecting a Planjection on the part of the Government to the for the Erection of a General Record Office; scheme, if it came recommended by the Comand that owing to his absence from London, missioners, in which case he desired a Report he had desired Mr. Ker to bring the subject to be made to the Treasury. under the notice of the Board.

In consequence of Lord Dover's request, Mr. Ker saw Mr. Deering, consulted with him on the plan, and suggested that it would be

SUPERIOR COURTS. proper to make a rough estimate of the space which would be requisite for all the records

Rolls Court. which it is proposed should be placed in the SPECIFIC PERFORMANCE. -- RESERVED BID. new building. He also suggested that it would

DING. be advisable to show on the plan, that the site

A purchaser ut an auction refuses to perform of the estate belonging to the Master of the

his contruct of purchase, alleging, is the Rolls would afford sufficient space whereon to

grounds of his refusal, that a person was erect all buildings which might hereafter be

employed to puf" requisite for containing records, &c., including |

the biddings: the

Court disbelieving the evidence given in those offices which the contemplated changes would make requisite. He alluded to the ne

support of that allegation, held the de

fendunt to be bound by his contruct, as the cessity of there being a General Depository for Wills, assuming the Report of the Ecclesias

vendors had a right to a reserved bidding tical Commission will be carried into effect;

which was fixed at a certain suin, beyond and a General Registry Office, assuming the

which no one except the defendaut had bid. Registry Bill should pass.

This was a bill for specific performance of a From Mr. Deering's plan, it appears that contract of sale by auction, to the performance the site of this estate will be more than sufli- of which the defendant objected, on the ground cient for all these buildings. It should, how-that a person was employed by the plaintiff to ever, be observed, that the plan consists of two | bid against him-not as a bona fide purchaser, parts :-lst, That which is proposed to be built but as a “puffer,” for the purpose of enhancimmediately: this only occupies the site of the ing the price of the property, and that in the present Rolls House and Garden, so that there excitement of competition, deeming, at the would not be any loss as regards that part of moment, that all was fair, he was induced to the estate which is now under lease. It would | bid higher than the property was worth. Upon only be necessary to buy up the existing leases these grounds, and relying on the principles (which are for short terms), if the ground was upon which Courts of Equity decided in like required for the additional buildings. As re- circumstances, the defendant claimed to be gards the part proposed to be first built, there relieved from his contract. would still be some ground unoccupied. On The Master of the Rolls, in giving his judg. this it is proposed to erect Chambers; and ment, said, that it appeared on the evidence Mr. Ker learns it is probable the ground would that a Mr. Johnstone had attended the sale either let or sell very advantageously for this and bid to the extent of 8,5001.; that after the purpose.

bidding, a Mr. Doughton, a son of one of the With respect to pulling down the Rolls vendors, accompanied him out of the auctichHouse, Mr. Ker supposed it was admitted that room, and that on their return together, John. the present conversion of this into a Depository stone immediately advanced his bidding to the for the Records was inerely teinporary; parti- sum of 9,0001.; the defendant bid 9,0207., and


Superior Courts : Rolls ; Exchequer Chamber. was thereupon declared the highest bidder.cision had been raised upon the record by a A person named Cundell, also interested in bill of exceptions tendered by the plaintiff in the sale, and who was present in the auction-error, who was also the plaintiff in the Court room, was stated to have declared, in a public-below, to the decision of the late Lord Chief house where he was drinking, that Johnstone, Justice of the Court of King's Bench. There when out of the room with Doughton, repre-were five exceptions : the first-and the most sented that he had bid to the extent of his important of all, as it was on it the other four commission, that it was not his intention to go depended, turned upon the construction of the further than 8,5001., but, being desirous to statute 48 G. 3, c. 1, “ An Act for regulating benefit the vendors, he would do whatever the issuing and paying off of Exchequer Bills ;" they should require; and that, in fact, Dough- and the question was, whether the office of ton arranged with him that he should bid to Paymaster of Exchequer Bills, created by vir. the extent of 9,0001., that bidding not being tue of the 10th section, was held during pleabona fide on his own account, or on behalf of sure, or during the life and good behaviour of those who had given him a commission, but the person appointed. They were all of opisimply for the purpose of enhancing the price nion, that according to the legal construction as against the defendant. Johnstone and of the statute, that office was held during pleaDoughton, however, had been separately ex-sure, and not during good behaviour. As the amined on oath, and each positively denied office was not an ancient one, or known to the that any such arrangement had been made be-common law, the decision respecting it could tween them. The solicitor also, who managed not be governed by either: being of modern the sale, swore that no “puffer” had been origin, and subject to no legislative enactment employed on the part of the vendors, but that but the act mentioned, it depended solely upon a reserved bidding of 90001, had been agreed the meaning which was to be put on that upon. The question, therefore, was, whether act. From the wording of the 10th section, the drunken declarations of Cundell, made in -which authorized the Commissioners of the a public-house, could be opposed to the direct | Treasury to appoint paymasters for paying Exoaths of these three individuals? It was im-chequer bills-it appeared clearly that the obpossible for a Court of Justice to give effect to lject was to secure the due payment of such such declarations, which probably, even if | bills by giving new and necessary assistance to they had been soberly and honestly made, the officers of the receipt of the Exchequer. were merely the suspicions of Cundell, who | The amount of that assistance must continue could have no knowledge of the facts to which uncertain, as the issue and payment of bills he spoke. In fact, there seemed to exist no might be at one time very large, as in time of reason why such a fraudulent arrangement as war, and at another time, as in time of peace, was represented, should have taken place be- very inconsiderable. Any given number, theretween Johnstone and Doughton. The vendors fore, of paymasters, might be insufficient for the had a right to a reserved bidding, which they despatch of the public business of that departhad fixed at 9,0001., and it was of no import- ment at one time, while at another it might be ance to them that Johnstone should enter into | unnecessarily large.

unnecessarily large. It might be possible that

It might such an arrangement. Upon the whole, it the whole of the outstanding Exchequer bills appeared that the defendant had not been might be paid off, and no new issuc ordered ; defrauded, and he should therefore be com- in which case the officers of the receipt of the pelled to perform his contract.

| Exchequer would not need assistance. The Doughton and others v. Ewart, at the Rolls act, therefore, had not for its object any perSittings, March 1833.

manent appointment; but if at any time the number of paymasters was inadequate to the

regular payment of the bills, power was given Court of Erchequer Chamber. to the Commissioners to add new officers for

that purpose. They might appoint as few or as CONSTRUCTION OF STATUTES.

many as the exigency of the public service A person appointed to the office of Paymas-might require. This was the obvious and ne

ier of Exchequer Bills, by virtue of the cessary construction of the enacting words of 48 Geo. 2. c. 1. 8. 10. has no freehold the loth section. If the officers were held to office, but is appointed during the pleasure

| be appointed during good behaviour—that is,

for life--the Commissioners might then inof the Commissioners of the Treasury.

crease the number, but could not reduce it; This was a writ of error from the Court of and yet the principal object of the act could King's Bench.

not be effected, if the persons appointed were The Judges before whom the case was argu- not removable: and having that object in ed, assembled this morning to deliver their view, they held that the appointinent was held judgment. They were the Lord Chief Baron, during pleasure only. If any doubt remained and Mr. Baron Bayley; the Lord Chief Justice as to this construction, the words of the 12th of the Court of Common Pleas, Mr. Justice section, enabling the Commissioners of the

fedale, Mr. Justice Bosanquet, and Mr. | Treasury to settle the salary, &c. of the PayMustice Alderson.

masters, would remove it. The Commissioners The Lord Chief Justice of the Court of Com- had authority to increase or diminish the samon Pleas read the judgment of himself and laries or allowances of those officers at pleathe other Judges. The questions for their de- sure. They might reduce them to a mere nomi.

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