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Parliamentary Returns : Lunacy Fees.
LUNACY FEES. RETURN of the AMOUNT of the several Fees, or Sums of Money, received in the Office of the
Lord Chancellor's Secretary of Lunatics, in each Month in the Years of 1830, 1831, 1832, and in the first Six Months of the Year 1833, distinguishing the Number of Commissions issued, the Number of Petitions answered, the Number of Orders inade, and what Sums have been received in the said Office on each of such several matters, the Amount of Sums received for Office Copies, and Copies of Affidavits, and of Fees received for Searches, and on any other account; and in what manner the Sums so received have been appropriated, and how much thereof has been retained by the Secretary for his own use, how much has been applied in Payment of the Clerks, and other Expenses of the Office, and how much has been paid and applied to or for the Benefit of any other Person or Persons, and whom by Name :-Also, what other Situation or Situations, in connexion with Lunacy, is or are held by such Secretary, and the Emolument or Salary received or paid on account thereof respectively.
[On the motion of Mr. Tooke.]
1830.-Number of Commissions of Lunacy ordered to be issued in the Year 1830 - 39.
Amount of Fees received from the 1st January 1830, to the 31st De-
. . ; 2141 10 1 Payments :
£ 8. d. Salaries to five Clerks, including the Deputy • 675 5 4 Stationery .
. 183 197 General Expenditure
- 172 13 6
1031 18 5 Net Income to the Secretary
• £1109 11 8 1831.-Number of Commissions of Lunacy ordered to be issued in the Year 1831 - 46.
Amount of Fees received from the 1st January 1831, to the 31st De £ 8. d. cember 1831, inclusive
2321 18 5 Payments :
£ 8. d. Salaries as above .
- 635 8 6 Stationery
203 6 6 General Expenditure
• 176 9 7
1015 4 7 Net Income to the Secretary
£1306 13 10 1832.-Number of Commissions of Lunacy ordered to be issued in the Year 1332 - 29.
Amount of Fees received from the 1st January 1832, to the 31st De £ $. d. cember 1832, inclusive
2066 2 5 Payments :
£ 8. d. Salaries as above
- 686 11 6 Stationery .
• 187 0 9 General Éxpenditure
- 151 5 7
1024 17 10
Net Income to the Secretary - . £1041 4 7 1833.-Number of Commissions of Lunacy ordered to be issued between the
Ist January 1333 and the 24th June 1833 (six months) - . - 19. Amount of Fees received from the 1st January 1833, to the 24th June £ $. d. 1833, inclusive (six months)
- 1482 4 6 Payments : Salaries as above
315 18 0 Stationery
- 92 14 5 General Expenditure
- 130 17 0
539 95 Net Income to the Secretary . - £942 15 1
The above net income is received solely to my own use, and no part of the fees have been appropriated otherwise than as above specified.
No gratuities, fees, or emoluments are received by the deputy, or any of the clerks in the office.
Parliamentary Returns.-Alterations in Common Law Practice.
No other office in connexion with lunacy is held by me: and during the period of my holding my present office of the Lord Chancellor's Secretary of Lunatics, I have carefully abstained from undertaking professionally, directly or indirectly, by myself or partners, any business or matter whatever in connexion with lunacy, or otherwise interfering with my public duty as such Secretary.
The preceding is the best account in my power to make, during this session, to the Return required.
L; A. LOWNHAM, 24th August, 1833.
Secretary of Lunatics to the Lord Chancellor.
ON THE RECENT ALTERATIONS IN cular. Numerous are the cases in which it COMMON LAW PRACTICE. has been found necessary to discontinue and
pay the defendant's costs, and bring a fresh
action, on account of the most trifling error in To the Editor of the Legal Obsercer. the technical description of the cause of action Sir,
in the process, depending perhaps upon some THINKING as I do, that most of the altera- mysterious principle of law, not discovered to tions lately effected in the common law are of be applicable to the particular case, until å a salutary nature, and reflect credit upon the pleader comes very minutely to enquire into the authors of them ; I must, at the same time, be facts upon preparing the pleadings. I trust permitted to say, that there are some of those this difficulty will not be suffered to exist alterations in which I cannot concur; and much longer. there are, besides, other points of practice The next of the new rules to which I would which I think require amendment, which ap- call your attention is, that requiring a notice of pear hitherto to have escaped notice.
taxing to be given in "all” cases. That notice * With regard to the alterations in the prac- should be required to be given in all cases in tice already made, allow me first to call your which an appeurance has been enlered, is most attention to the present form of process, which, reasonable and proper ; but that a party who although much improved, generally speaking, has entered no appearance and taken no step from what it was, (as for instance, to the latitat in the cause, shewing thereby that he does not of the King's Bench, or the capias of the intend to incur any expense whatever in deCommon Pleas, in each of which both absur- fending, is to be served with notice of taxing, dities and untruths were inserted), is yet not in some cases, at a very considerable increase so simplified as it might and ought to be, nor of costs, frequently amounting to 31. or 41., even so simple and intelligible as the old form where the party lives in a remote part distant of an Exchequer subpæna ad respondendum. from the residence of an attorney), does, I The principal objection, however, in the present confess, appear monstrous; and I cannot help form. is the statement of the cause of action, thinking, the rule must have been framed which gives great and unnecessary trouble to hastily and with little consideration, or surely professional men, more especially to agents, these objections must have occurred to the and is of no advantage whatever to the de- Judges, and the rule would have been framed fendant; for what person, not being in the pro- differently. However, I trust they will correct fession, can tell what is meant by an action the error as soon as possible, and amend the “ on promises,” which phrase must indeed ap- rule. pear 'absurd, to a man not acquainted with I offer nothing further as to the rules already legal technicalities; and the same observation |
made, except to regret the very mysterious will apply to all statements of the cause of language of some of them, such as no two action in technical terms: and yet so strict is persons would put the same construction the rule, that the slightest deviation in this upon; but I presume they will all in the respect is fatal. That the rule is useless as a course of time receive judicial interpretation, guide to the defendant, is evident, from its so that the profession will eventually know utter unintelligibility. Surely the indorsement what the practice is. of the amount claimed for debt and costs on With regard to the points of practice which the back of the writ, in all actions for debt, the new rules do not reach, I would first call would be quite sufficient, and all that can be your attention to the several useless rules renecessary. Perplexity and expense to the l quired to be given, answering no useful D plaintiff' is the only result of the rule requir-pose, though tending to increase costs; for ing the cause of action to be stated in the body | instance, the rule to plead. What is its use? of the writ. Very seldom does it happen that A slip of paper with the name of the cause a man is served with process, without well upon it, is handed in at the Rule Office, and is knowing, from previous communication with
| entered by the clerk in a book kept for that the plaintiff or his attorney, what is the object purpose, but is never referred to by any reof the action; and where it may happen that spectable practitioner; and so far as the merits a man is sued in ignorance, he may, before any of the canise are concerned, it is very immasubsequent step on the part of the plaintiff isterial whether the name of it figures in the taken, obtain a judge's order for a full parti- ' rule to plead book, or not; and yet the omis
On the Recent Alterations in Common Law Practice, -New Publications.
sion to make this useless entry is fatal, and and Recoveries, &c., with explanatory Notes. may saddle a plaintiff with heavy costs. One By Leonard Shelford, Esq., of the Middle would almost suppose it was required, in Temple, Barrister at Law. Price 78. bds. order to encourage sharp and disreputable Acts relating to the Law of Real Property practice, by giving room for the shabby prac-passed in the last Session of Parliament; also titioner to thwart the ends of justice by trickery the Act for the further Amendment of the and chicanery.
| Law, with Notes and an Index. By S. AtkinI would next call your attention to the sign- son, Esq., Barrister at Law. Price 6s. bds. ing of pleadings, and the necessity for pro- The Recent Statutes relating to Prescription ducing counsel's handwriting, in order to ob. and Custom, Moduses and Compositions for tain those common rules where nothing but Tithes, the Limitation of Real Actions, Fines such signature is now required. These things and Recoveries, Dower, Descent, and the Pay. are crying grievances to the suitor, as well as a ment of Debts out of Real Estate, with Introcomplete mockery in theinselves. As to the ductions, Abstracts, Tables, and Notes. By signing of pleadings, I can safely say, that in George James Berrey, of Lincoln's Inn, Barthe course of a considerable experience, I not rister at Law. only never met with a counsel who hesitated Reports of Cases in Bankruptcy argued and to sign any pleading I produced, but never deterinined in the Court of Review, and on one that looked into the document at all; nay, Appeal before the Lord Chancellor. By more than this, the counsel himself seldom Edward E. Deacon, Esq., of the Inner Temple, sees or knows anything of the matter, until Barrister at Law, and Edward Chitty, Esq, of the fee is handed over to him by his clerk. Lincoln's Inn, Barrister at Law. Price 88 The clerk it is who generally signs the plcadings Vol. II. Part 2. in his master's name—the barrister's clerk is Reports of Cases heard and determined in the only seeurity for a proper plea being put the House of Lords, on Appeals from the upon the record.a
Courts of Equity, and on Writs of Error in The same observations will also apply as to England and Ireland, with an Appendix of the the production of counsel's handwriting, in Cases upon Appeals and Writs of Error from order to obtain common rules, such as rules the Superior Courts in Scotland. By Richard for special juries, to change venues, &c. &c.; Bligh, of the Inner Temple, Esq., Barrister at the signature no way sliews that the applica- Law. (New Series.) Vol. V. Part 2. Price tion is in counsel's opinion a proper one, for | 9s. 6d. sewed. he in nine cases out of ten never sees the Reports of Cases argued and determined in motion paper; and as the declaration of his the Exchequer of Pleas and in the Exchequer opinion as a check to improper applications, Chamber, in Error, in Michaelmas Term, in the can be the only possible motive for requiring Third Year of the Reign of William IV., 1832. such signature, the practice most certainly By Robert Philip Tyrwhitt, Esq, of the Middle requires amendment in these particulars. Such | Temple, Barrister at Law. Vol. III. Part I. fees bring the practice into contempt, and Price 108. sewed. swell unnecessarily the expenses of a suit, not A General Digested Table and Index of only without a corresponding, but without a Cases argued and determined in the High shadow of benefit to the suitor. The common Court of Chancery, commencing in the year law commissioners would certainly do well to 1789, 29 G. 3, Lord Thurlow Lord Chancellor, see that these fees are speedily abolished and ending in the year 1817, 57 G. 3, Lord
Trusting that the publication of this letter Eldon Lord Chancellor. 19 vols. Vol. 20 in the `Legal Observer, will be the means of concluding the work. By Francis Vesey, Esq., correcting the practice in the various points of Lincoln's Inn, Barrister at Law. Price enumerated,
| 11. 88. bds.
THE UNITED STATES. 5th October, 1833.
A Treatise on the Common Law in relation to Watercourses. Boston. 8vo.
A Treatise on the Trustee Process. BosLIST OF NEW PUBLICATIONS.
Commentaries on the Constitution of the GREAT BRITAIN.
United States. By Joseph Storey, LL.D. The Statute 3 & 4 W. 4. c. 42, intituled,
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The Connecticut Digest. By Henry Dutton. Law and the better advancement of Justice,"
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| Report of the Trial of the Rev. E. K. Avery the Middle Teinple, Barrister at Law. Price
for Murder. Providence. 12mo.
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The Real Property Statutes of the 2 & 3 and 1835. 3 & 4 W.4, including those for the Limitation
GERMANY. of Actions and Suits, the Abolition of Fines
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Abegg Lehrbuch des Gemeinen Criminal Denman, Edward, Mark Lane, Watch Maker, Jeweller, &c.
Green, Off. Ass.; Spyer, Broad Street Buildings.
Emerson, Edward, and Barnabas Fenwick, Stella, Durham,
Co., Chancery Lane; Messrs. Forster, Newcastle-upon-
Fletcher, Richard Westley, Joseph Fletcher, and John
Fletcher. Walsall, Stafford, Mercbants and Saddlers'
Ironmongers. Stevens & Co., Frederick's Place, Old
Fisher, John, and John Barnard, Bristol, Horse Dealers.
White & Co., Bedford Row: Betan and Brittan, Bris-
Fairbrother, George, and Thomas Williams, Birkacre, near
Chorley, Lancaster, Calico Printers. Barker, Gray's
Graham, Wm., jun., Liverpool, Wine & Spirit Merchant.
Adlington and Co., Bedford Row; Frodskum, Liver-
Gregory, Charles, Luton, Bedford, Maltster. Kitchenet,
Oft. Ass. ; Donne, Cornbill.
Hamond, Charles, Great Surrey Street. Blackfriars Road.
Italian Warehouseman, Kitchener, Off. Ass.; Newlor,
South Square Gray's Inn.
Hilton, John, Cumberland Place, New Road, and Maiden
Lane, Queen Street, Cheapside, Grocer. Greer, Off.
son, Manchester; Adlington & Co., Bedford Row,
Hobson, Thomas, High Holborr, Bookseller & Stationer.
Collier, Marchant, & Co., Carey Street, Lincoln's Inn ;
Lackington, Off, Ass.
Hoit, Wm., Duke Street, Grosvenor Square, Tailor Ed-
wards, Off. Ass. ; Allen & Co., Carlisle Street, Soho.
Essex Street; Ward, Leeds.
nufacturer. Messrs Taylor, Featherstone Buildings,
Holborn ; Payne & Co., Nottingham.
King, William, Robert Wale, Hosier Lane, West Smithfield.
Wholesale Tin Plate Worker. Edwards, Off. Ass.; fy-
son & Beck, Lothbury.
mongers. Wrigat & Co., Liverpool; Williamson & Hill,
Lakeman, James, Kingsbridge, Devon, Maltster. G. Smith,
Basinghall Street; Husband, Devonport.
M'Colgan, James, Liverpool, Tailor and Draper. Taylor
&, Co, Bedford Row: Worthington, Liverpool.
Neville, William, Birmingham, Warwick, Merchant.
Swain & Co., Frederick's Place, Old Jewry; Messrs.
Phillips, Solomon, Russell Street, Bermondsey, Furrier.
Kitchener, Off. Ass. ; Lavorance, Bucklersbury.
Price, Thomas, Hereford, Victualler. Simpson & Moore,
Furnival's Iun; Bodenham & Co., Herefond.
Pulbrook, Zachariah, Great Surrey Street, Blackfriars Road.
Boot and Shoe Maker. Groom, Off. Ass.; Vandercom &
Co., Bush Lane, Cannon Street
and Brockley Hill Cottage, Elstree, Middlesex, Suri
geon, and Lodging House Keeper Green, Off, Ass. ;
Haynes, jun., Staple Inn.
Reay, George, North Shields, Northumberland, Joiner and
Cabinet Maler. Bell & Co., Bow Churchyard; Dar-
son, Newcastle-pon Tyne.
Ryley, John, Newcastle-under-Lyne, Stafford, Draper.
Booth & Harrison, Manchester; Johnson & Weatherall.
Smethurst, Henry, George Street, Great Surrey Street, Hat-
ter. Groom, off. Ass.; Richardson & Co., Poultry.
Simpson, James, Nottingham, Cordwainer. Payne & Daft,
Nottingham; Messrs. Taylor, Featherstone Buildings,
Smith, John, Liverpool, Wheelwright. Chester, Staple Inn;
Spirit Merchant. Bell & Co., Bow Churchyard ; Sey-
Wilson, Matthew, Hexhami, Northumberland, Saddler.
Bell & Co., Hexham ; Bell & Co. Bow Churchyard.
Whelpdale, Edward, Marylebone Lane, Victualler. Groom,
Oil. Ass.; Sutcliffe & Co., New Bridge Street, Black
in: Weller, Thomas, Lisle Street, Leicester Square, Tailor.
Groom, Off. Ass.; Ullithorne and Co., Red Lion
Wand. Charles, New Bond Street, Cook and Confectioner.
Shirreff, Lincoln's Inn Fields; Clark, Off. Ass.
Wills, John, St. James's Place, St. James's Street, Tailor.
Edwards, Off. Ass.; Taylor, Great James Street, Beda
Pocock, Bartholomew Close.
Nex Swain & Birminghaseli street, Bucklersbus & Moore,
The Title Page of Vol. VI., with Table of Contents and Index, will be published with the
next Number, without any additional Charge.
INDEX TO VOLUME VI.
..* The subjects of the Decisions in the Superior Courts, originally reported in this work, are printed in
Italics, and the List of Cases in the Digest.
Accountant General's office, 222.
of justificution, 156.
rendering principal, new rule, 158.
notice-attachment-sheriffs' costs, 444.
Bank of England charter, tender, usury, 215.
court bill, 218.
court decisions, passim.
linbility of joint estate, 443.
servants' unges, 270..
Bankrupt law, working of, 345.
joint tenants, 223.
Bankrupts, end of each Monthly Supplement.
merits, 445. Barristers called, 79, 175.
| Bentham, Jeremy, memoir of, 321.
Berrey's Real Property Acts reviewed, 467.
Bill of exchange, 319, 383.
Biography, legal, 146, 223, 321, 390, 435.
Blackstone, Mr. Justice, original letter of, 421.
Chancellor, Lord, his new law reforms, 209.
court, decisions in, passim.
Regulation Bill, 3.
as amended, 212.
regulation bill, observations on, 81.
bills, observations on, 257.
office copies, 266.
offices bill, 294.
regulation act, 401.
officers' act, 450.
report on, 481.
clerks, ancient bill as to, 95.
Children, provision for younger, 298.
Coke, Chief Justice, biography of, 390, 435.
Cominissioners, the common law, fifth report,
App. ii, xlix, Ixiv.
the real property, fourth re-
port, 33. App. i, xlviii.
sittings, 47, 141, 494.
41, 349, 360, 375, 376, 399. Concerted commission, 380.
Consideration money, place of paying, 216.
Construction of provisoes for re-entry, 119.
Contract, rescinding special, 201.
subject matter of transfer, 153.