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Parliamentary Returns: Lunacy Fees.

PARLIAMENTARY RETURN.

501

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 made, 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 December 1830, inclusive

Payments:

Salaries to five Clerks, including the Deputy

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General Expenditure

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1831.-Number of Commissions of Lunacy ordered to be issued in the Year 1831 Amount of Fees received from the 1st January 1831, to the 31st De

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1832.-Number of Commissions of Lunacy ordered to be issued in the Year 1332 Amount of Fees received from the 1st January 1832, to the 31st De

cember 1832, inclusive

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1833. Number of Commissions of Lunacy ordered to be issued between the
1st January 1833 and the 24th June 1833 (six months)
Amount of Fees received from the 1st January 1833, to the 24th June
1833, inclusive (six months)

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19.

£ s. d.

1482 4 6

£ s. d.

Salaries as above

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130 17 0

539 9 5

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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.

502

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.

24th August, 1833.

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ON THE RECENT ALTERATIONS IN |cular. Numerous are the cases in which it COMMON LAW PRACTICE.

To the Editor of the Legal Observer. Sir, THINKING as I do, that most of the alterations lately effected in the common law are of a salutary nature, and reflect credit upon the authors of them; I must, at the same time, be permitted to say, that there are some of those alterations in which I cannot concur; and there are, besides, other points of practice. which I think require amendment, which appear hitherto to have escaped notice.

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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 the technical description of the cause of action in the process, depending perhaps upon some mysterious principle of law, not discovered to be applicable to the particular case, until a pleader comes very minutely to enquire into the facts upon preparing the pleadings. I trust this difficulty will not be suffered to exist much longer.

The next of the new rules to which I would call your attention is, that requiring a notice of taxing to be given in "all" cases. That notice should be required to be given in all cases in which an appearance has been entered, is most reasonable and proper; but that a party who has entered no appearance and taken no step in the cause, shewing thereby that he does not intend to incur any expense whatever in defending, is to be served with notice of taxing, (in some cases, at a very considerable increase of costs, frequently amounting to 31. or 41., where the party lives in a remote part distant from the residence of an attorney), does, I confess, appear monstrous; and I cannot help thinking, the rule must have been framed hastily and with little consideration, or surely these objections must have occurred to the Judges, and the rule would have been framed differently. However, I trust they will correct the error as soon as possible, and ainend the rule.

With regard to the alterations in the practice already made, allow me first to call your attention to the present form of process, which, although much improved, generally speaking, from what it was, (as for instance, to the latitat of the King's Bench, or the capias of the Common Pleas, in each of which both absurdities and untruths were inserted), is yet not so simplified as it might and ought to be, nor even so simple and intelligible as the old form of an Exchequer subpoena ad respondendum. The principal objection, however, in the present form, is the statement of the cause of action, which gives great and unnecessary trouble to professional men, more especially to agents, and is of no advantage whatever to the defendant; for what person, not being in the profession, can tell what is meant by an action on promises," which phrase must indeed appear absurd, to a man not acquainted with legal technicalities; and the same observation will apply to all statements of the cause of action in technical terms: and yet so strict is the rule, that the slightest deviation in this respect is fatal. That the rule is useless as a guide to the defendant, is evident, from its utter unintelligibility. Surely the indorsement 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 quired to be given, answering no useful purplaintiff, 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? 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 cause are concerned, it is very immasubsequent step on the part of the plaintiff is terial 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

of the writ.

I offer nothing further as to the rules already made, except to regret the very mysterious language of some of them, such as no two persons would put the same construction upon; but I presume they will all in the course of time receive judicial interpretation, so that the profession will eventually know what the practice is.

On the Recent Alterations in Common Law Practice.-New Publications.

sion to make this useless entry is fatal, and may saddle a plaintiff with heavy costs. One would almost suppose it was required, in order to encourage sharp and disreputable practice, by giving room for the shabby practitioner to thwart the ends of justice by trickery and chicanery.

I would next call your attention to the signing of pleadings, and the necessity for producing counsel's handwriting, in order to obtain those common rules where nothing but such signature is now required. These things are crying grievances to the suitor, as well as a complete mockery in themselves. As to the signing of pleadings, I can safely say, that in the course of a considerable experience, I not only never met with a counsel who hesitated to sign any pleading I produced, but never one that looked into the document at all; nay, more than this, the counsel himself seldom sees or knows anything of the matter, until the fee is handed over to him by his clerk. The clerk it is who generally signs the pleadings in his master's name-the barrister's clerk is the only security for a proper plea being put upon the record a

The same observations will also apply as to the production of counsel's handwriting, in order to obtain common rules, such as rules for special juries, to change venues, &c. &c.; the signature no way shews that the application is in counsel's opinion a proper one, for he in nine cases out of ten never sees the motion paper; and as the declaration of his opinion as a check to improper applications, can be the only possible motive for requiring such signature, the practice most certainly requires amendment in these particulars. Such fees bring the practice into contempt, and swell unnecessarily the expenses of a suit, not only without a corresponding, but without a shadow of benefit to the suitor. The common law commissioners would certainly do well to see that these fees are speedily abolished.

Trusting that the publication of this letter in the Legal Observer, will be the means of correcting the practice in the various points enumerated, I am, sir, Your obedient servant,

5th October, 1833.

B.

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503

and Recoveries, &c., with explanatory Notes. By Leonard Shelford, Esq., of the Middle Temple, Barrister at Law. Price 7s. bds.

Acts relating to the Law of Real Property passed in the last Session of Parliament; also the Act for the further Amendment of the Law, with Notes and an Index. By S. Atkinson, Esq., Barrister at Law. Price 6s. bds.

The Recent Statutes relating to Prescription and Custom, Moduses and Compositions for Tithes, the Limitation of Real Actions, Fines and Recoveries, Dower, Descent, and the Payment of Debts out of Real Estate, with Introductions, Abstracts, Tables, and Notes. By George James Berrey, of Lincoln's Inn, Barrister at Law.

Reports of Cases in Bankruptcy argued and determined in the Court of Review, and on Appeal_before the Lord Chancellor. By Edward E. Deacon, Esq., of the Inner Temple, Barrister at Law, and Edward Chitty, Esq, of Lincoln's Inn, Barrister at Law. Price &s Vol. II. Part 2.

Reports of Cases heard and determined in the House of Lords, on Appeals from the Courts of Equity, and on Writs of Error in England and Ireland, with an Appendix of the Cases upon Appeals and Writs of Error from the Superior Courts in Scotland. By Richard Bligh, of the Inner Temple, Esq., Barrister at Law. (New Series.) Vol. V. Part 2. Price 9s. 6d. sewed.

Reports of Cases argued and determined in the Exchequer of Pleas and in the Exchequer Chamber, in Error, in Michaelmas Term, in the Third Year of the Reign of William IV., 1832. By Robert Philip Tyrwhitt, Esq, of the Middle Temple, Barrister at Law. Vol. III. Part 1. Price 10s. sewed.

A General Digested Table and Index of Cases argued and determined in the High Court of Chancery, commencing in the year 1789, 29 G. 3, Lord Thurlow Lord Chancellor, and ending in the year 1817, 57 G. 3, Lord Eldon Lord Chancellor. 19 vols. Vol. 20 concluding the work. By Francis Vesey, Esq., of Lincoln's Inn, Barrister at Law. Price

17. 88. bds.

THE UNITED STATES.

A Treatise on the Common Law in relation to Watercourses. Boston. 8vo.

A Treatise on the Trustee Process. Boston. 8vo.

Commentaries on the Constitution of the United States. By Joseph Storey, LL. D. Boston. 3 vols. 8vo.

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Beleuchtungen des Zeitgeistes. 4to.
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a We question the accuracy of this state.
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ED.

504

Bankruptcies superseded.-Bankrupts.

Abegg Lehrbuch des Gemeinen Criminal | Denman, Edward, Mark Lane, Watch Maker, Jeweller, &c.
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- Neues Archiv. des Criminal Rechts.
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Street.

Mazon, Little Friday

Chester, Staple Inn;

Broadmead, Rich., York, Victualler.
Street, London; Ward, York.
Bennett, Tho., Liverpool, Victualler.
Gandy, Liverpool.
Blinkhorn, John Swindells, Wigan, Lancaster, Calenderer.
Morris, Wigan; Walmsley & Co., Chancery Lane.
Brasier, Mary, Margate, Widow, Schoolmistress & Boarding
& Lodging-house Keeper. Dering & Co., Margate;
Willet & Co., Essex Street, Strand.

Bates, Wm.,jun., Westbromwich, Stafford, Grocer. Wood-
rooffe, & Co., Lincoln's Inn; Mile, Birmingham.
Cornes, John, jun., Nantwich, Cheshire, Timber Merchant

& Wheelwrght. Hilditch, Calthorpe Street, Gray's
Inn Road; M'Clure, Nantwich.

Cockerill, Daniel, Edmonton, Middlesex, Cattle Dealer.
Kitchener, Off. Ass.; Sprigge, Crawford Street, Mary-le-

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Chapman, John, Liverpool, Hosier & Laceman.
Staple Inn; Morecroft, Liverpool.
Clarke, Geo., Ashton-under-Lyne, Lancaster, Ironfounder.
Higginbottom & Co., Ashton-under-Lyne; Clarke and
Medcalf, Lincoln's Inn Fields.

Cecil, Joseph, Upper Thames Street, Leather Seller.

Kit-

chener, Off. Ass.; Clutton & Co. High Street, Bo-
rough.
Croggan, Wm., sen., Belvedere Road, Lameth; and Pa-
lace Row, New Road, St. Pancras, Artifical Stone and
Scagliola Manufacturer; and also of Cornhill, London,
Broker; and also of Fleet -- in the same city, Wood-
en Letter Manufacturer. Groom, Off. Ass.; James,
Bucklersbury.

Coles, John Henry, Charlotte Street, Fitzroy Square, Lin-
en Draper, Hosier, & Haberdasher. Edwards, Off. Ass;
Hardwick, Lawrence Lane, Cheapside.

Cocks, Tho., Little Lant Street, Borough, Oil & Colour-
man. Edwards, Off. Ass.; Dimmock, Pancras Lane,
Bucklersbury.

Dodd, Tho., Coventry, Ribbon Manufacturer.

Austen &

Co., Gray's Inn; Troughton & Co., Coventry.
Downing, Tho. Henry, Longford, Foleshill, Coventry, Gro-
cer & Tallow Chandler. Fyson & Co., Lothbury; Min-
ster, Coventry.

Green, Off. Ass.; Spyer, Broad Street Buildings.
Emerson, Edward, and Barnabas Fenwick, Stella, Durham,
and Newcastle-upon-Tyne, Ironfounders. Battye and
Co., Chancery Lane; Messrs. Forster, Newcastle-upon-
Tyne.
Fletcher, Richard Westley, Joseph Fletcher, and John
Fletcher, Walsall, Stafford, Merchants and Saddlers'
Ironmongers. Stevens & Co., Frederick's Place, Old
Jewry; Darwall, Walsall.
Fisher, John, and John Barnard, Bristol, Horse Dealers.
White & Co., Bedford Row; Bevan and Brittan, Bris-

Fairbrother, George, and Thomas Williams, Birkacre, near

Chorley, Lancaster, Calico Printers. Barker, Gray's
Inn square; Woodhouse, Bolton le Moors.

Graham, Wm., jun., Liverpool, Wine & Spirit Merchant.
Adlington and Co., Bedford Row; Frodsham, Liver-
pool.
Kitchener,

Gregory, Charles, Luton, Bedford, Maltster.

Off. Ass.; Donne, Cornhill.

Hamond, Charles, Great Surrey Street. Blackfriars Road.
Italian Warehouseman. Kitchener, Off. Ass.; Newton,
South Square Gray's Inn.

Hilton, John, Cumberland Place, New Road, and Maiden
Lane, Queen Street, Cheapside, Grocer. Green, Off.
Ass.; Grimaldi & Co., Copthall Court, Throgmorton
Street.

Haywood, Thomas, Manchester, Upholsterer, &c.

Hamp-

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.
Hord, Henry, Leeds, York, Victualler. Robinson & Co.,

Essex Street; Ward, Leeds.
Kirkman, Wm., New Basford, near Nottingham, Lace Ma-
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.

Latham, Henry, and Richard Thomas, Chester, Ironmon-
mongers. Wright & Co., Liverpool; Williamson & Hill,
Gray's Inn.

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.
Whateley, Birmingham.

Phillips, Solomon, Russell Street, Bermondsey, Furrier.
Kitchener, Off. Ass.; Lawrance, Bucklersbury.
Price, Thomas, Hereford, Victualler. Simpson & Moore,
Furnival's Inn; Bodenham & Co., Hereford.
Pulbrook, Zachariah, Great Surrey Street, Blackfriars Road,
Boot and Shoe Maker. Groom, Off. Ass.; Vandercom &
Co., Bush Lane, Cannon Street.

Rumball, James Quilter, Melina Place, St. John's Wood,
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 Mal:er. Bell & Co., Bow Churchyard; Daw-
son, Newcastle-upon-Tyne.

Ryley, John, Newcastle-under-Lyne, Stafford, Draper.
Booth & Harrison, Manchester; Johnson & Weatherall,
Temple.

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,

Holborn.

Smith, John, Liverpool, Wheelwright. Chester, Staple Inn;
Norris, Liverpool.
Thompson, William, Morpeth, Northumberland, Wine and
Spirit Merchant. Bell & Co., Bow Churchyard; Sey-
mour, Newcastle-upon-Tyne.

Wilson, Matthew, Hexham, Northumberland, Saddler.
Bell & Co., Hexham ; Bell & Co. Bow Churchyard.
Whelpdale, Edward, Marylebone Lane, Victualler Groom,
Off. Ass.; Sutcliffe & Co., New Bridge Street, Black-
friars.

Weller, Thomas, Lisle Street, Leicester Square, Tailor.
Groom, Off. Ass.; Ullithorne and Co., Red Lion
Square.

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, Bed-
ford Row.

Watkins, George, jun., Chelsea, Builder. Green, Off. Ass.;
Pocock, Bartholomew Close.

The Title Page of Vol. VI., with Table of Contents and Index, will be published with the
next Number, without any additional Charge.

505

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.

Action on the case, the first, 384.

pro rationabili parte, 496.

Admiralty courts, report of committee, 497.
Administrator, next of kin, 159.
Affidavit of debt-bill of ea change, 444.
entitling-attachment, 157.

of justification-addition, 125, 59.

Affidavits of debt, 191, 233.
filing, 460.

Alien, marriage, 15.

Amendment-intention, 237.

Andrews on Criminal Law reviewed, 10.
Annuity-contingency-bankruptcy, 377.

Annuity, wife, 367.

Appointment of day of trial, 29.
Arbitrator-order-rule of court, 138.
Arrears of taxes, 144.

Arrest without probable cause—costs, 59.

Arrest, interest, 383.

Assemblies, unlawful, 65.

Assignment of term, 367.

Assizes adjournment bill, 7.

act, 371.

expenses of trial at, 404.

merits, 445.

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returns, 243.

court decisions, passim.
partnership, 396.

liability of joint estate, 443.

Bankrupt's clerks' salary, 158, 270.

servants' wages, 270.

Bankrupt law, working of, 345.

joint tenants, 223.

Bankrupts, end of each Monthly Supplement.
superseded, ibid.

Barristers called, 79, 175.

Bentham, Jeremy, memoir of, 321.
Bequest, 93.

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.

Atkinson's Real Property Acts, reviewed, 488. Books, old English law, 431.

Attachment-change of attorney, 58.

against sheriff-bail, 58.

Booksellers, 75.

Burglary bill, 104,

chambers-term, 461.

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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.
Changing the venue, 125.
Children, provision for younger, 298.
Circuits of the judges, 139.

Clergyman's benefice, charging, 227.
Coke, Chief Justice, biography of, 390, 435.
Commissioners, the common law, fifth report,
App. ii, xlix, lxiv.

the real property, fourth re-

port, 33. App. i, xlviii.
Common Pleas, reports of decisions in, passim.
sittings, 47, 141, 494.
Common law practice, suggestions, 502.
Concerted commission, 380.

Consideration money, place of paying, 216.
Consolidating joint und separate estates, 270.
Construction of provisoes for re-entry, 119.
Construction of statutes, 12.
Contract, rescinding special, 201.

subject matter of transfer, 153.

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