354 Observations on the Effect of the Law Amendment Act. as may be reasonably expected to arise out | verse defence and actual trial, need occupy of the provisions of this Act, One of the greatest abuses and sources of perpetual complaint arose from the power possessed by a Debtor, having no real defence, to avail himself of forms (which were intended to protect rights), in order to harrass and delay his Creditor. All measures which go safely and directly to deprive a Debtor of this advantage, and at the same time to preserve a protection for cases of fair contest, must obviously tend directly to abolish this evil at the root, and to effect the most important judicial reform, without violence, and in fact almost without observation. In this point of view it will be seen that proceedings in the Upper Courts, coupled with the above statutory provision, will enable a Plaintiff to obtain judgment in and within a convenient distance of all towns, cities, and boroughs, where the Sheriff or a Recorder or other Judge can be resorted to, in a space of time far shorter than even a new District Court could effect, inasmuch as the District Judge could probably only I visit each town, at the utmost, four times in the year. In all such towns, cities, &c. justice can now be obtained under this Statute every week, and in most cases every day. To London tradesmen and wholesale dealers, it will furnish obvious and peculiar advantages. The following statement will shew the working of the system in future : only from twenty-five to thirty days, though affording the most ample time either for settlement, compromise, or bona fide defence, and giving the means of appeal to the highest authority, on any possible question which can fairly arise. If the Sheriff, for the purpose of trying the causes arising in the County Court, or otherwise, should send his Deputy or an Assessor, (as is done to some extent in Lancashire,) to visit statedly the principal towns, not having already officers competent to try causes,-or if the Sheriff, when required, should appoint a special Deputy for a more convenient trial than at his own usual place of business ;-there seems nothing more wanted in order to mature a cheap, summary, and efficacious system for recovery of debts;-without prejudice to existing Courts of Requests and other Local or County Courts, as applied to the very smallest classes of demands. An adaptation of such stated sittings to those of the Sessions, would enable the parties, in suitable cases, to have the assistance of the Bar, where there is not a local one. It has been already observed that the official fees will, no doubt, be greatly reduced, as regards small actions. In the late adjustment of Attorneys' Fees, the Judges have already provided for a lower rate as applicable to small debts; and there is no doubt that the total expense of these actions may thus be set at as low a scale as can apply to any system which professes to provide for respectable professional assistance. Eight days after the service of process, the plaintiff (if his debt be not paid or arranged for) may declare in debt. At the end of eight days, where no defence is made, Power is given to the Sheriff or Judge he will obtain final judgment, and except to amend in like manner as a Judge of Asin proper cases, a defence will become rare, size, and the provisions of the 1 G. 4. c. 7, and will bring the defendant but little ad-are extended to these cases. vantage in point of time. If the defendant plead, an order for Trial will be immediately obtained. This application will ordi narily lead to a settlement; and if not, a NOTICES OF NEW BOOKS. trial may be had in ten days, and final judgment will immediately follow. The An Answer to a Pamphlet, entitled, "Obser order for trial will in general, in cases of written instruments, direct their admission. The Plaintiff will try without any expense of Counsel, if he please; and as the time of trial will be certain and fixed, no extra expenses of detaining witnesses will arise. It will of course be the interest of the Undersheriff, &c. to give every facility and encouragement to the parties resorting to this mode of proceeding. The whole proceeding, with the most ad vations on the Rejected Local Courts Jurisdiction Bill, addressed to the Trading Interests. Richards, 1833. We have already noticed the pamphlet to which this publication is an answer (see p. 289). The present writer has ably refuted his predecessor "the Trader," and concisely stated all the leading objections to the project of Local Courts. We need not at present travel over the ground with which Notices of New Books: On the Local Court Bill.—Composition Deeds by Insolvents. 355 our readers have been so recently made fa- The Pamphlet is embellished with a picmiliar. We extract, however, the follow-ture of "a Local Court," by George Cruiking passages, which contain some useful shank. The Judge in Ordinary is throwsuggestions for diminishing the expense of ing his inkstand at the leading Counsel, who recovering small debts, and hastening the returns the fire with a huge law book. The trial of petty actions. other Counsel exhibits his contempt for the "If the proposer of Local Courts, or the Court in a manner more expressive than eleAuthor of the Pamphlet, be desirous of learn-gant. Two of the Jury are deliberating ing what makes law expensive, they will consult some person who understands the practice, and they will be told, that the same fees are payable in the offices of the respective Law Courts for an action for a small sum as for a large sum. The same fees to counsel, the same expenses to witnesses, and the same Court fees on the trial, as in actions for large sums. "If the advocates for cheap law are desirous of lessening the expenses in actions brought for small sums, let all office and court fees be taken off-lighten the expenses of small causes -and remunerate the practitioners in a corresponding extent, by increasing the amount on those brought for a larger amount. Let a graduated scale issue, and there will be no necessity for any new scheme. with clenched fists on the best means of knocking each other down. The other ten [there ought to have been four only, the full complement being six] are occupied in backing the combatants, or witnessing the fight. One of the suitors, a woman, has seized the nose of her opponent, and he takes possession of a handful of her headdress. The usher brandishes his mace over the by-standers, and they exhibit their cudgels. Two of the witnesses are engaged in mortal combat, whilst a woman, half naked, with a squalling child, is endeavour-, ing in vain to separate them. Others are escaping with broken heads and scattered teeth. Aside is an animated debate between two barristers, who appear on the verge of committing a breach of the peace. Porter "If expedition be necessary in the trial of small causes, let every sheriff have the power of trying all causes under 10l. arising within his district. It will be found that the under-pots are flying in the air. The Registrar sheriff of every county is fully competent to such duty. "If the proposers of Law Reform are really anxious to improve the same, let them remodel the present system of setting causes down for trial: let there be a separate list of causes for the trial of claims under 50%., no matter where from, or from what court: let a Judge constantly sit at Westminster Hall for the trial of these causes,, and there will be no arrear; the same will be tried nearly as they are set down, and there will be no more talk of delay. The whole cause of complaint is in the present system of practice, not in the want of Courts or Judges. The system is bad; the days appointed for trials in term are nearly nominal, and the sittings after term are so short, that of necessity there must always be a great arrear; besides, as before stated, the mode of setting down causes for trial is imperfect-the petty causes are jumbled with the great; and whilst such system continues, so will the cause of complaint. It is this system which creates the delay and expense; for whilst a cause is in the paper for trial, it frequently happens that witnesses are subpoenaed three or four times, and take as many journies to attend the trial; refresher fees to counsel become necessary, besides other expenses. It is this system that prevents causes of importance from being tried under a period of from nine to fifteen months: if the small causes be separated from the large ones, the former will be tried as they are set down, and will effectually lessen the delay of the latter. Keep a Judge constantly sitting for the trial of small causes, and this simple plan will confer substantial advantages on all litigants." looks astonished, and the only respectable Counsel present is holding up his hands and shrugging his shoulders, with a look of regret at the disgraceful scene. Proposal for an Act for facilitating Deeds of Composition by Insolvent Traders; with an Outline of the Act suggested, and an Analysis of a Deed of Composition. By Scrope Ayrton, Esq., Barrister at Law. H. Butterworth. 1833. Ir being a part of our plan to put our readers in possession of all the various projects for the improvement or alteration of the Law, we lay before them Mr. Ayrton's contribution to the stock of Law Reform. "It is a fact (he says) well known to the mercantile world, that in a great majority of those cases in which merchants and traders stop payment, they and their creditors would enter into deeds of composition, and thereby secure a far greater dividend in a much shorter time than is possible after incurring the expense and suffering the delay consequent to a commission of bankruptcy, if they were not deterred by knowing, that though a great majority of the creditors may be very desirous of vesting the property in the hands of trustees for the benefit of all, yet any one dissenting creditor can defeat their object [he may strike a docket any time within six months], or obtain his own terms for acquiescing. "Such being the case, I venture to submit, whether it would not be expedient to enable a majority of the creditors to bind the minority, 356 Notices of New Books.-Abstracts of Recent Statutes. of facilitating the passing of some such Bill through Parliament, has added, by way of Appendix to his Pamphlet, a sketch of the proposed Act, and the heads of a Deed of Composition; and he considers it is highly expedient that solicitors should have some such form at hand, in order that they may be enabled to draw the deed at once, without waiting that long period which often unavoidably elapses when deeds are drawn by counsel. by a bill, of which the following might be an outline of the leading enactments:"1. That when any trader, subject to the bankrupt laws, shall have stopped payment, it shall be lawful for him, with the consent of fifths in number and value of his creditors, to transfer, by deed, the whole of his real and personal property to two or more trustees for the benefit of all his creditors, under such terms and conditions as shall be adopted in such deed: and that such deed shall be binding on all his creditors, and shall not be an act of bankruptcy, nor be subject to be invalidated by any prior act of bankruptcy. [Quære, whether or not should a meeting of creditors be first called by advertisement, to resolve whether such deed should be entered into? otherwise a single creditor, who might be aware of circumstances which, if known, would prevent the THIS act is intituled "An Act to amend the others from acceding to such a proceeding, Laws relating to Sewers," and was passed on might remain in ignorance of the whole trans- the 28th of June, 1833. It recites 23 Hen. 8. action till after the actual execution of the deed] C. 5, 3 & 4 Edw. 6. c. 8, and 13 Eliz. c. 9; and "2. That the trustees may appoint one bar-states that great difficulty, inconvenience, and rister, to whom all questions of law may be re-expense are found to arise by the laws relating ferred, and who, in any case of difficulty, may call in aid any of the King's counsel whom the trustees may select. "3. That against the decision of the barrister or barristers, there may be an appeal, by petition, to the Lord Chancellor or the Vice Chan cellor. "4. That all persons acting under such deed shall be under the jurisdiction of the Lord Chancellor, on petition. "5. That such deeds shall not be liable to any stamp duty. "It appears to me that the alteration in the law here proposed is singularly important, and would prove one of the greatest boons that the legislature could confer upon traders, both those whose estates are unfortunately insolvent, and the creditors who are to receive their dividends out of the assets. "It should be observed, that a bill founded upon these principles would not in the slightest degree prevent or interfere with taking out a fiat in bankruptcy, where the majority of the creditors shall determine to have recourse to one; its only effect would be to render the deed sure when a majority have resolved upon a composition. In such cases it would become unnecessary to have recourse to the present compulsory method of distributing the estates of insolvent traders by means of the complex machinery of a court of justice; it would relieve merchants from the vexation of being torn away from their immediate avocations, to have recourse to law and lawyers in such matters of private business as, it is notorious, could be more easily, more cheaply, and more expeditiously wound up by themselves. It would also avoid the absurdity and injustice of exacting heavy fees for the support of a court of law out of insolvent estates, already insufficient to meet existing demands, but which are often so reduced by law expenses, as to make the dividend a matter of indifference to the creditors." Mr. Ayrton, in order still further to explain his meaning and plan, and in the hope ABSTRACTS OF RECENT STATUTES. SEWERS. 3 & 4 W. 4, c. 22. to sewers being in many respects defective: And that doubts have arisen as to the extent of the powers given to the Commissioners of Sewers by the recited acts, and the commissions issued in pursuance, and particularly as to the legal mode of conducting inquiries by means of juries, and as to the legal power of Courts of Sewers to order new works to be made for the better defending, draining, sewing, and securing the lands within the limits of their respective commissions, and to impose rates in respect of such works, and to order the taking up and borrowing of money at interest to repay the charges of such new or any extraordinary or other works, so as to charge and recover from the owners and occupiers of lands, tenements, and hereditaments, the amount of money so borrowed, and thereby to distribute such charges fairly and equitably among the parties who shall receive benefit or avoid damage from the same: And that it is expedient to increase the amount of qualification of Commissioners of Sewers, and that other provisions should be made for the better execution of the powers by law vested or to be vested in Commissioners of Sewers. It is therefore enacted as follows: Qualification of Commissioners. 1. No person who has not already acted as a Commissioner of Sewers shall be capable of acting as a commissioner unless he shall be, in his own right or in right of his wife, in the actual possession or receipt for life or for a larger estate of the rents and profits of lands, &c. situated in the county in which he shall act as a commissioner, or in any adjoining county, of freehold or copyhold tenure, or held for a term of not less than sixty years absolute, or determinable with a life or lives, of the clear yearly value of 1007., or leaseholds of 2007. a year, or the heir apparent of a freeholder or copyholder of 2007. a year, or the of 3001. a year: Provided that where commisagent of a body corporate holding lands, &c. sions of sewers run into more than one county, Abstracts of Recent Statutes. 2. Quakers may act as commissioners, upon making an affirmation. 3. The form of oath to be taken by other commissioners before acting, is given in this section. 4. A penalty of 1007. is imposed on persons acting who are not qualified. But the proceedings of the commissioners are not to be impeached on account of such disqualification. 5. Mayors, bailiffs, or other ex officio commissioners, are not required to qualify. 357 the qualification may be situated either partly Courts of Sessions of the Peace; and the jury in each of the counties, or wholly in any one being impanelled, sworn, and charged, shall of such counties. proceed in their inquiry before and in the presence of the Court, upon the evidence of one or more credible witness or witnesses, delivered upon oath or affirmation, in the same manner and form, and subject to the like rules of taking and receiving evidence, as is usual in his Majesty's Courts of Common Law; and the said commissioners may cause to be summoned to appear before them at the time and place of holding their respective Courts of Sewers aforesaid, and at every adjournment of any Court, all clerks, keepers, bailiffs, engineers, surveyors, collectors, expenditors, and other their ministers and officers of sewers, and commissioners shall be competent to give prosuch other persons as in the judgment of such per evidence and information to the Court and 7. The laws, decrees, and ordinances, to and place of taking such inquisition shall be jury in the premises; and notice of the time continue in force notwithstanding the expira-given by affixing to the principal door of each tion of the commission, and although not ingrossed in parchment, or not certified into the Court of Chancery. Duration of Commission, and Mode of Proceeding. 6. The commission to continue for ten years, unless renewed or repealed by writ of super sedeas. 8. The meetings of commissioners and mode of proceeding are regulated by this section. 9. Special meetings, on emergencies, may be called on ten days notice. On certain occasions special meetings may be called by order of two commissioners on a shorter notice. Jurisdiction of Commissioners. and every of the churches and chapels in the several parishes, townships, or places in which the rivers, streams, ditches, sewers, watercourses, walls, banks, culverts, and other works, lands, tenements, and hereditaments, common of pasture and profit of fishing, and other matters and things to be inquired into or that may be affected thereby, shall lie, be, or arise, or if there be no church, then to some conspicuous place within such parish, township, or place, a printed or written paper specifying such time and place of meeting, and signed by the clerk to the Court before whom such inquisition is to be taken, at least seven days before the taking of such inquisition, and also by inserting, at least seven days before the taking thereof, such notice once at the least in one or more of the newspapers published or circulated in or near to the limits of the commission of sewers under authority whereof such inquisition shall be taken. 10. Walls, banks, culverts, and other defences, whether natural or artificial, situate by the coasts of the sea, and all rivers, streams, sewers, and watercourses which are navigable, or in which the tide ebbs and flows, or which communicates with any such navigable or tide river, stream, or sewer, and all walls, banks, culverts, bridges, dams, floodgates, and other works upon or adjoining such rivers, streams, sewers, or watercourses, shall be within the jurisdiction of Commissioners of Sewers: Provided that nothing shall authorize any Com12. That in any case in which a jury of a missioners of Sewers to exercise authority over county at large, and the jury of any minor any dams, floodgates, or other works erected jurisdiction, shall, in the judgment of the said for the purpose of ornament, previous to the Court, come to different conclusions concernpassing of this act, in, upon, or over any rivers, ing any matters affecting any lands or tenestreams, ditches, gutters, sewers, or water-ments lying partly in such county at large and courses near or contiguous to any house or building, or in any garden, yard, paddock, -park, planted walk, or avenue to a house, without the consent in writing of the owner or proprietor thereof respectively first had and obtained. Presentment of Jurics. partly in any such city or town and county of the same, cinque port, &c. the Court of Sewers may at any time issue a warrant to impanel at such time and place (although out of the jurisdiction of the sheriff, bailiff, or other returning officer,) as in such warrant expressed, a sufficient number, not exceeding eighteen nor less than nine substantial and indifferent persons 11. In all cases in which any Court of within his jurisdiction, and not having comSewers shall inquire by jury concerning the posed part of the juries respectively which matters authorized by the said recited acts, shall have previously differed in respect of the and the laws of sewers of old time accustomed, matters, and out of each panel nine persons or of this act, the Commissioners of Sewers shall be drawn by the clerk of such Court of may issue a warrant to the sheriff, bailiff, or Sewers or his deputy in such manner as juries other returning officer of every county, cinque for trials or issues joined in his Majesty's port, city, town, liberty, precinct, or place Courts of Record at Westminster are by law within the limits of such commission, to im-directed to be drawn; and the said eighteen panel a jury of not exceeding forty-eight nor jurymen shall thereupon be sworn and charged less than eighteen substantial and indifferent to take their inquisition and to make and repersons, qualified to serve on grand juries in turn their presentment of and concerning the 358 Abstracts of Recent Statutes.-Selections from Correspondence. aforesaid matters, and which presentment so | and proper repair any walls, banks, sewers, &c. taken shall be conclusive. to which he may be liable by reason of any such tenure, &c. and shall not, after having had seven days notice from the surveyor, dikereeve, or other officer to be appointed by the good and proper repair with all reasonable and proper dispatch, such surveyor, dikereeve, or officer may put the same into good and sufficient repair; and the expenses to be incurred thereby shall be paid by the person liable to such repair. Payment of Expenses. 13. That whenever a jury shall have presented that any person, body politic or corporate, is or are liable to and ought to maintain and repair or contribute to the mainte-Court of Sewers, proceed to put the same into nance and repair of any defence, wall, bank, sewer, or other work within the jurisdiction of the commission of sewers, in respect of any lands, tenements, or hereditaments, or common of pasture, or profit of fishing, it shall not afterwards, during the continuance of such commission, be necessary to inquire by jury and obtain a presentment upon any subsequent wants of amendment and reparation of the same defences, &c. but such person, and the owners and occupiers for the time being of such lands, &c. shall be liable from time to time to maintain and repair or contribute to the maintenance and repair of such defences, &c. according to such presentment; and the Commissioners of Sewers may order the same to be maintained and repaired by such person, body politic or corporate, from time to time during the continuance of such commission accordingly. Sewers Rates. 16. That any Court shall, at its discretion, by and out of the taxes, rates, and scots to be raised under and by virtue of the said recited acts and this act, or any or either of them, order and allow to clerks and other persons employed by the Court, and also to witnesses, either in support of any presentment or order of the Court, or in opposition to such presentment or order, such recompence, for their several expenses and loss of time, as shall seem just, and also all such costs and expenses incurred in surveying, measuring, planning, and valuing the lands and hereditaments, or otherwise preparatory to or in or about the making, collecting, and expending such taxes, &c. or the hearing of objections to such taxes, &c. or in or about the carrying on of any litigation or controversy arising out of the duties imposed on the Courts of Sewers, and for the payment of all other necessary expenses of putting the recited acts and this act into execution, and the contingent expenses of working the said commissions of sewers respectively. [To be continued in our next.] SELECTIONS ARTICLES OF CLERKSHIP. 14. The commissioners to make separate and distinct rates, as occasion shall require, for every separate and distinct level, valley, or district, or any part of such level, &c. within their respective commissions, and to fix and specify the limits of every such level, &c. or of any such part of a level, &c. and to appoint surveyors, collectors, treasurers, expenditors, and other officers for every such level, &c. or any part thereof respectively, whenever the said commissioners shall think fit so to do, and to cause separate and distinct accounts to be: kept of all monies collected and received by virtue of any rate or rates which shall be made, under the authority of the said recited acts relating to sewers, or of this act, upon any lands. or hereditaments within any such level, &c. or any part thereof respectively, and of all payments and disbursements in respect thereof; and the said commissioners are hereby also authorized to apply the monies to be collected and received from each distinct level, &c. or any part thereof respectively, by virtue of any such rate or rates as aforesaid, to and for the several purposes to which the same may be lawfully applied under the authority of the said recited acts or of this act, but so never- About the middle of March last I articled theless that each level, &c. and every part of myself in an old established office in the such level, &c. shall bear its own costs, charges, country, then conducted by two partners; and and expenses; and in case any such costs, although my correspondence, previously to my charges, and expenses shall apply to or be in- being articled, was addressed to the firm, and curred in respect of two or more levels. &c. or not to either partner exclusively, it was, as a parts thereof respectively, the same shall be ap-matter of convenience to the partners themportioned and divided between such levels, &c. or such parts thereof respectively, in such manner as the said commissioners shall adjudge to be fair and equitable. To the Editor of the Legal Observer. Sir, Observing that you invite discussion upon matters of practice in the profession, I beg to inquire of you, or of some of your numerous readers, what the usage of the profession is with respect to articled clerks placed under circumstances such as follow: selves, arranged that I should be articled to one of them only, but with a clear understanding that my services and my obedience were to be given alike to both. 15. Provided that this act shall not extend The partner to whom I was articled, in conto release any person, body politic or corpo- sequence of some family arrangements, took rate, from any liability incurred before the pass-up his residence at a place about ten miles dising of this act by reason of tenure, frontage, tant from the seat of business. In consequence prescription, custom, covenant, or grant; but of this removal to so inconvenient a distance, a in case any such person shall not keep in good dissolution of partnership took place, and the |