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 s. d 2141 10 1 £ s. d. 675 5 4 Stationery General Expenditure 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 £1109 11 8 £ d. S. 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 1024 17 10 1833. Number of Commissions of Lunacy ordered to be issued between the 19. £ s. d. 1482 4 6 £ s. d. Salaries as above 315 18 0 539 9 5 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. 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. 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. 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. 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Abegg Lehrbuch des Gemeinen Criminal | Denman, Edward, Mark Lane, Watch Maker, Jeweller, &c. - Neues Archiv. des Criminal Rechts. Buckholtz Juristische Abhandlungen. 8vo. Carose Ueber des Cölibatgesetz der Römisch Feuerbach Kleine Schriften vermischten In- Hodenberg Abhandlung aus der Erfahrung Ekendahl Allgemeine Staats Lehre. 2 bde. Street. Mazon, Little Friday Chester, Staple Inn; Broadmead, Rich., York, Victualler. Bates, Wm.,jun., Westbromwich, Stafford, Grocer. Wood- & Wheelwrght. Hilditch, Calthorpe Street, Gray's Cockerill, Daniel, Edmonton, Middlesex, Cattle Dealer. Chapman, John, Liverpool, Hosier & Laceman. Cecil, Joseph, Upper Thames Street, Leather Seller. Kit- chener, Off. Ass.; Clutton & Co. High Street, Bo- Coles, John Henry, Charlotte Street, Fitzroy Square, Lin- Cocks, Tho., Little Lant Street, Borough, Oil & Colour- Dodd, Tho., Coventry, Ribbon Manufacturer. Austen & Co., Gray's Inn; Troughton & Co., Coventry. Green, Off. Ass.; Spyer, Broad Street Buildings. Fairbrother, George, and Thomas Williams, Birkacre, near Chorley, Lancaster, Calico Printers. Barker, Gray's Graham, Wm., jun., Liverpool, Wine & Spirit Merchant. Gregory, Charles, Luton, Bedford, Maltster. Off. Ass.; Donne, Cornhill. Hamond, Charles, Great Surrey Street. Blackfriars Road. Hilton, John, Cumberland Place, New Road, and Maiden Haywood, Thomas, Manchester, Upholsterer, &c. Hamp- son, Manchester; Adlington & Co., Bedford Row. Hoit, Wm., Duke Street, Grosvenor Square, Tailor Ed- Essex Street; Ward, Leeds. King, William, Robert Wale, Hosier Lane, West Smithfield, Latham, Henry, and Richard Thomas, Chester, Ironmon- Lakeman, James, Kingsbridge, Devon, Maltster. G. Smith, M'Colgan, James, Liverpool, Tailor and Draper. Taylor Phillips, Solomon, Russell Street, Bermondsey, Furrier. Rumball, James Quilter, Melina Place, St. John's Wood, Reay, George, North Shields, Northumberland, Joiner and Ryley, John, Newcastle-under-Lyne, Stafford, Draper. Smethurst, Henry, George Street, Great Surrey Street, Hat- Holborn. Smith, John, Liverpool, Wheelwright. Chester, Staple Inn; Wilson, Matthew, Hexham, Northumberland, Saddler. Weller, Thomas, Lisle Street, Leicester Square, Tailor. Wand, Charles, New Bond Street, Cook and Confectioner. Wills, John, St. James's Place, St. James's Street, Tailor. Watkins, George, jun., Chelsea, Builder. Green, Off. Ass.; The Title Page of Vol. VI., with Table of Contents and Index, will be published with the 505 INDEX TO VOLUME VI. The subjects of the Decisions in the Superior Courts, originally reported in this Work, are printed in Accountant General's office, 222. Action on the case, the first, 384. pro rationabili parte, 496. Admiralty courts, report of committee, 497. of justification-addition, 125, 59. Affidavits of debt, 191, 233. Alien, marriage, 15. Amendment-intention, 237. Andrews on Criminal Law reviewed, 10. Annuity, wife, 367. Appointment of day of trial, 29. 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. returns, 243. court decisions, passim. 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. Barristers called, 79, 175. Bentham, Jeremy, memoir of, 321. Berrey's Real Property Acts reviewed, 467. Biography, legal, 146, 223, 321, 390, 435. 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. regulation bill, observations on, 81. regulation act, 401. report on, 481. Clergyman's benefice, charging, 227. the real property, fourth re- port, 33. App. i, xlviii. Consideration money, place of paying, 216. subject matter of transfer, 153. |