190 Prospects of the Profession-The County Court Commission. only 5281 persons were actually taken to prison. be invested with a varied and extensive jurisdiction in respect of matters of a totally The returns for the year 1853 have not different nature and character, requiring a yet been completed, and will not be laid greater range of legal acquirement and exbefore the Public, in an authentic shape, perience; and that the machinery suitable until the Session of Parliament has been for a Small Debts' Court should be supfar advanced, or possibly terminated; but posed to be so elastic as to adapt itself to there is good reason to believe, that the all manner of questions which can become result will show a diminution in the num- the subject of contentious litigation. The ber of plaints entered, as well as in the limits to which it is expedient the jurisdicamount of money sued for and the fees of tion of the County Courts should be conCourt. It probably would not be accurate fined, we trust may now be defined, and to ascribe the diminished business of the the undivided attention of the Profession County Courts wholly, or even in a great might then be advantageously directed to measure, to the indisposition of the general considering how far the practice of those community to resort to Courts of Justice tribunals could be improved, and how they for the purpose of enforcing pecuniary de- might be rendered more effective auxiliaries mands, or asserting contested rights. The to the Superior Courts in administering Common Law Procedure Act, which, as our justice. with the subject, we should presume that the amendment of the practice and procedure was the chief object contemplated by the Commissioners, but the constitution of the Commission justifies the expectation, that an enlarged view will be taken of the question, and that the pretensions of the County Courts to compete with, or supersede the Superior Courts of Law, will be finally disposed of. readers are aware, came into operation on Judging from the questions which her the 24th day of October, 1852, gave suitors Majesty's Commissioners for Inquiring into in certain actions the election of resorting the County Courts have circulated, with a to the Superior Courts or the County view to eliciting information from those Courts, in cases in which no defence was who are supposed to be best acquainted anticipated, and the suitors to whom this option was presented have, in many in stances, preferred the Superior Courts of Law at Westminster. The inference to be drawn from this limited experiment is, that if the Superior Courts and the County Courts were equally accessible to suitors, the Courts presided over by Judges of the highest eminence, and which have obtained the confidence and respect of the community, would be universally resorted to in preference to the modern tribunals. At all events, now that the costs of proceedings in the Superior Courts have been reduced, all unnecessary proceedings abolished, and technicalities and the subtleties of special pleading, in great measure got rid of, the provision which operates as a practical prohibition against commencing actions in the Superior Courts, when the cause of action does not exceed 207., should be repealed, and suitors be placed in the position in which they stood before the passing of the Act 9 & 10 Vict. c. 95, of resorting to the Superior Courts whenever they thought fit, at least where the cause of action exceeded 107. The following are the questions referred to, as issued by the County Court Commissioners :— Local Jurisdiction. 1. Has any inconvenience arisen from the Local Courts of Record, like that of York, Southwark, &c., having concurrent jurisdiction with the County Courts? 2. Would it be convenient that such Courts should be abolished? Judge. 3. Has any inconvenience arisen from the qualification of a deputy Judge, in point of standing at the Bar, being less than that of a Judge? 4. Has any inconvenience arisen from the Judge not being empowered to entertain pressing exparte applications though he be not sitting in Court at the time, and though he be out of the jurisdiction? (See s. 105 of 9 & 10 It is to be hoped, that the consideration of this question has not escaped the attention of the Commission of Inquiry now sitting, in reference to the jurisdiction and Vict. c. 95.) practice of the County Courts. It has 5. Has any inconvenience arisen from the always struck us as anomalous and inco-Judge not being empowered to change the sistent, that gentlemen appointed to preside grounds, as for instance, in cases where he is an adjoining district on special over Courts established avowedly for no personally interested, or where a jury being deother purpose than "the more easy re- manded he has reason to apprehend that a fair covery of small debts and demands," should trial cannot be had? venue to Prospects of the Profession-County Court Commission. 6. Would it be convenient, that in the event of the Judge being prevented from holding the Court, the chief clerk, deputy, or assistant clerk should have power to adjourn the Court and the proceedings at his discretion? 7. Would it be convenient, that the Judge, clerk, or other officer of a County Court, should be entitled to sue and be liable to be sued in any adjoining district? 8. Would it be convenient, that the Judge should be empowered to suspend or discharge any subordinate clerk of his Court who has been guilty of neglect of duty, or other misconduct? 9. Has any inconvenience arisen from the early or late hours at which or to which the Court has sat? 10. What, in your opinion, is the earliest or latest hours at which and to which a Court should sit ? 12. Would it be convenient, that there should be a resident chief clerk at every Court? 13. Would it be convenient, in the smaller Courts, that the offices of chief clerks and bigh bailiffs should be joined? (See s. 28 of 9 & 10 Vict. c. 95.) 14. What is the most usual day for entering plaints in your Court? 15. Does any and what inconvenience arise from the chief clerk, deputy clerk, assistant clerk, or high bailiff not being empowered to take affidavits with reference to the business of the Court? (See 13 & 14 Vict. c. 61, s. 23.) 15. Would it be convenient that all orders of Court should be delivered to the bailiff for service before the closing of the clerk's office on the following day? Bailiff. 17. Would it be convenient that the bailiff of a Home Court should be permitted to serve process in any neighbouring district without the special order of the Judge? (See Rules 54 and 55, and 9 & 10 Vict. c. 95, s. 61.) 18. Does any and what inconvenience arise from the oath of the bailiff being necessary in every case to the service of process? 19. Would it be convenient that the oath should be dispensed with, treating the bailiff's indorsement as prima facie proof of the matters there stated and a false indorsement being made punishable as a misdemeanor ? Summons. 20. Would it be convenient to enable the plaintiff to sue in the district in which the defendant has had employment within six months before suit? 21. Would it be convenient to enable a plaintiff to sue a defendant in the district in 191 which any material part of the cause of action. arose ? 22. Would it be convenient to enable a plaintiff to sue in the district in which a defendant at the time of suit has employment? 23. Would it be convenient to enable the plaintiff to sue, in all cases, without leave of the Court? (See s. 60 of 9 & 10 Vict. c. 95.) 24. Has any inconvenience arisen from the present practice with respect to minors suing and being sued? 25. Has any inconvenience arisen from the practice with respect to successive summonses under Rule 41 ? 26. Would it be convenient that a summons should be in force for six months, the clerk altering the return day in the event of nonservice? 27. Would it be convenient, that in the event of non-service of a summons, notice by pre-paid letter should be sent to the plaintiff, stating to what day the return is altered? 28. Would it be convenient, that in claims should be introduced, if the defendant has above 107., the practice of judgments by default been personally served, leaving it optional to the plaintiff to proceed in the ordinary way without personal service? 192 The Annual Certificate Tax.-General Registration of Deeds. THE ANNUAL CERTIFICATE TAX. THE various questions of deep importance to the Public, which must come before Parliament at the commencement of its sittings, render it difficult to anticipate the precise time when it may be most expedient to renew the application for the further remission of the Certificate Tax. Its advocates will scarcely obtain a hearing in the midst of the discussions on the state of the Ministry; -on the question of Peace or War; -on the new Reform Bill, with all its consequences; and on the various projects of Law Reform. It may be useful to remind our readers of the progress of this measure in Parlia ment: In 1850, there were four divisions in favour of the Bill-the majority being 19. In 1851, the majority was increased to 30. In 1852, there was a suspension of the agitation on account of the several changes in the Government. In 1853, the majority was 52; and though a large majority then refused to take off the whole tax, 30,000l. a year was gained as the result of four years' struggle. The future success of the appeal will depend on the united exertions of the Profession in town and country, as well in Ireland and Scotland as in England and Wales. We understand that of the answers which have been received from the provinces, there is a majority in favour of another But the motion in the next Session. parties aggrieved must be united in their efforts. In our next Number we hope to announce the result of the correspondence which has taken place throughout the Profession. We think that, at all events, petitions should be in readiness to present from the principal cities and towns of the United Kingdom,-all parts of which are equally burthened with this unjust and unequal tax. Probably the first step should be to address the Chancellor of the Excheand ascertain whether he is disposed quer to yield any further relief. GENERAL REGISTRATION OF SUMMARY OF EVIDENCE BEFORE SELECT COMMITTEE. the House of Commons, yet it is probable It will be recollected, that besides the Government Bill for establishing a General Register of Assurances, the Bills respectively introduced by Mr. Drummond and Mr. Scully were referred to the same Committee of which those gentlemen were Mr. members, together with the Law Officers of the late and present Government. Mullings and Mr. Hadfield were also members of the Committee; and thus all parties were well represented. The first three witnesses who were examined before the Committee are eminent Solicitors, namely, Mr. Strickland Cookson, Mr. Edwin Field, and Mr. William Williams; and we shall, at present, confine ourselves to a summary of their evidence. Mr. Cookson stated, that the principle contained in the Bill before the Committe was, that it would be necessary to register everything affecting land, whether affecting the legal ownership or the beneficial ownership and every description of equitable interest; this principle is very objectionable. The expense registering every instrument would be very considerable. of The registration or record of the legal title proposed in the Bill; in that way titles would be simply would be much preferable to the mode very much simplified; witness would simply register the legal fee of the property. With regard to the case of trustees in every settlement of large estates, the settlements always contain a power to sell the whole of the property; witness would protect the parties beneficially interested by enabling the tenant for life to enter a caveat against the transfer or sale of that property by the trustees without notice to him. The tenant for life is usually the only protector of the property from the trustees With regard to the enmaking away with it. tering of caveats upon the register, witness would adhere as closely as possible to the system adopted at the Bank of England; witness would put no restriction upon the person who should be allowed to enter caveats upon the register. The registrar should give notice to the person who has entered the caveat that the person who has got the legal fee in the property purposes to sell it. Witness would propose to register simply the legal ownership of the land, and to protect the rights of all remainder ALTHOUGH we are assured that a new 1 These Bills were reviewed at pp. 425, 445, General Registration of Deeds.-Law of Patents. 193 men and incumbrancers, by a system of caveats, caveat is entered against the property, it is a to be verified by affidavit. notice which absolutely inhibits him from A separate register should be kept of leases, dealing with the property whilst the caveat except occupation leases for terms not exceed- continues. If there is a caveat existing against ing 21 years. Evidence generally with respect the property, it is quite necessary that any to leases granted by tenants for life; circum- person proposing to advance any further sum stances under which such leases become void upon a further caveat should ascertain what is on the death of the lessor. At present a very the amount of the previous liability in respect small proportion of the owners of large estates of it. have got a perfect legal estate in them. Witness sees nu objection to the protection of an interest in an equitable lease by a caveat, but the actual enjoyment under a lease would be a protection. In the event of a person taking a second mortgage, he should give notice to the first mortgagee; he would not use due diligence in protecting his interest if he did not give such notice. All persons who have equitable inWitness proposes to register the legal title terests in land should protect themselves by by preparing and executing a very short simple lodging a caveat; they could not protect conveyance in fee, from the person who is themselves, so far as regards the sale of the owner in fee; this conveyance being registered property, otherwise, under witness's system. with a map attached as a means of identifying The caveats must be removed before the land the property. Having got the legal title on can be transferred. Witness sees no objection the register, when there are any equitable that there would be in the case of land put in charges upon that property, caveats should be settlement to making the tenant for life himself entered of those equitable charges. No notice one of the trustees, in whose name the land that a person has purchased the property with- should stand. Stock at the Bank of England, out registering the deed should affect a subse- to the extent of many millions, is standing quent purchaser. The registration of deeds under the control of the surviving trustee. should be made compulsory, but witness would Witness would propose, in his plan, that restrict it to transfers in fee. An investigation the deed of conveyance should be attested by of title prior to the first entry upon the register two witnesses, and that a deed should, before would be indispensable, after which there registration, be executed by the purchaser, and would be no necessity for a purchaser to ex-attested by two witnesses; that would be a amine the title. The registrar would be bound great check against anything like forgery. to accept any conveyance tendered for the first The parties who had entered caveats against time, and enter it upon the register; he would an estate would be protected in the event of act ministerially; the parties entering a col- the property being sold. lusive deed would do so at their peril. To carry out witness's suggestions it would No purchaser will have to look for his title, be necessary to have an entirely new Bill; the during the existence of the register, to any present Bill could not be altered so as to emthing but the register for it. Every person brace the two systems of registration. The with a beneficial interest in the property would manner in which the name of the heir or sucenter a caveat as a matter of course. How far cessor should be put upon the register, after registration would shorten the investigations the death of the owner of the property is deof title as to all the charges upon the property. scribed; there should be a registration of the There would be no difficulty whatever with death by the heir, and registration of the respect to the execution of deeds under wit-will. Then follow observations upon the subness's proposed system of registration; there ject of the registration of property vested in would be no occasion whatever for the execut- trustees; by witness's plan, he proposes to ing parties to come to London. In the event of the payment of a charge, for which a caveat was lodged at the registry office, it would not be necessary to register the fact of payment, but simply to withdraw the caveat. No notice should be taken on the register of the amount for which the caveat was entered. vest the legal estate entirely in trustees; when one trustee dies there should not be a new trustee, but a conveyance made to the surviving trustee. LAW OF PATENTS. Observations then follow with respect to first and second mortgagees, and the powers AMENDMENT ACT.-PARTICULAR OF GENE that would be possessed by them under witRAL USER OF INVENTION, S. 41. ness's proposal for entering caveats on the re- To an action for the infringement of a gister against the estates mortgaged. Reference to the practice of bankers advancing patent, the defendant delivered, with his plea money upon the deposit of deeds; in the event that the invention was not new, a particular of of the adoption of witness's suggestions as to objection under the 15 & 16 Vict. c. 83, s. 41, registration, it would be necessary that the that the invention was used "generally in banker should search the register before he London and the vicinity thereof," without could lend money upon that equitable deposit. naming any person or specifying any manuWitness conceives that if a man is in possession of title-deeds, it is clear and satisfactory factory. A rule, which had been obtained onevidence that he is the owner, but when a the ground this statement of user was too ge 194 Law of Patents.-Right of Appeal from Decision of County Court Judge. neral, for the delivery of further and better due upon a voluntary promise, without con particulars, was discharged. Alderson, B., said, "a defendant may rely either on a specified user by certain persons named, or on a general user by all persons at a particular place. In the former case, if he proves a user by any one of the persons named, that will support his objection; but if he rests his case on a general user, proof of a user by one person will not do." Palmer v. Wagstaffe, 8 Exch. R. 840. ADMISSION OF EVIDENCE то SHOW INVENTION CONSISTED IN NEW COMBINA TION OF OLD MATTERS. The defendant pleaded to an action for the infringement of a patent, that the plaintiffs were not the first and true inventors, and that the invention was not of any manner of new manufacture: Held, that the plaintiff was not precluded from giving evidence to show the invention did not consist, as might be inferred from the specification, in the use of several new matters, but in the new combination of several old matters, as the objection, which was open to the defendant to take to the specification of not having truly and correctly described the invention, had not been taken advantage of by a plea. Bateman v. Gray, 8 Exch. R. 906. RIGHT OF APPEAL FROM DECISION OF COUNTY COURT JUDGE. WHERE NO JURY-13 & 14 VICT. C. 61, s. 14.-CONSTRUCTION of. In the case of Cawley, app., Furnell, resp., 12 Com. B. 291, a question was raised, whether the 13 & 14 Vict. c. 61, s. 14, contemplated an appeal from the decision of a County Court Judge when exercising the functions of both Judge and jury. Maule, J., said, "The Act clearly does not give an appeal in every case where a party is dissatisfied with the judgment of the Court; but only where the dissatisfaction is with the determination or direction in point of law. A determination or direction in point of law is, where a question is raised on demurrer or special verdict; and though such things are not, strictly speaking, in the County Court, something may take place there which is substantially the same. For instance, suppose a claim made in a County Court, which, upon the plaintiff's own showing could not in law be sustained, or, if it were a claim for money sideration, and the defendant were to object a case where at least the law and the facts are |