Thames Conservancy. Tuesday, May 11. BILLS READ A THIRD TIME. Friday, May 7. Clydesdale Junction Caledonian Railway, Branches to Wilsontown, &c. Douglas, &c. Colchester, Stour Valley, &c. Railway, Extension Glasgow, Dumfries, and Carlisle Railway, No. 2 Glasgow, Paisley, and Ayr Railway, No. 1 Manchester Markets found their way there. For instance, if a policeman suspected a man of an intention to break the peace, he could imprison him for forty-eight hours, and if a Caledonian Railway, Extension of Motherwell Branch of hackney-coachman had not always the check-string in his hand, he could be fined 20s. That alone would shew the impropriety of passing those Bills without Branches from Clydesdale Junction to due consideration, and the necessity of some method of having them well prepared. He should therefore introduce a Bill, founded upon the series of resolutions framed last year upon this subject; and for that purpose should move that those resolutions be printed, and laid on their lordships' table.-Lord DENMAN could confirm the statement of his noble and learned friend as to the very great inconvenience, delay, and doubt which were occasioned in consequence of Acts of Parliament being imperfectly and carelessly drawn. It would be a great improvement if some mode could be adopted for the better preparation of Bills laid before Parliament, by which they might at least be made intelligible.-Lord CAMPBELL said, the Bill which had been referred to by his noble and learned friend had been prepared by a gentleman of very great experience, and with great care and labour. The motion was then agreed to. Scottish Equitable Life Assurance Company Wolverhampton Gas. Monday, May 10. South-Eastern Railway, Mid Kent Cornwall Railway. Martin's Divorce North Kent Stroud to Maidstone Tuesday, May 11. ciency in the management, and considering that the ultimate liability to repair the turnpike roads still rests on the parishes through which they pass, we are of opinion that it is highly expedient to place both under the same control; and in order to accomplis a this object, we recommend that the parliamentary commissioners should form districts and subdivisions throughout England and Wales, by the consolidation of trusts and parishes; and after having divided the counties into districts and subdivisions, should proceed to investigate the affairs of the different trusts in each district, and having ascertained the value of their respective debts, enter into the proposed arrangement with the bondholders, or liquidate the same with the money to be borrowed for that purpose. "Above all, we have been deeply impressed with the conviction that the present state of things is very much to be attributed to the delay that has already taken place in dealing with the subject; and we beg leave to express our decided opinion that, whether the plan here suggested be adopted or not, a measure emanating from the Government should, without loss of time, be submitted to the consideration of Parliament." THE LAWYER. Summary. EXCEPT in new trials, which have been remarkably numerous, the business at Westminster has been both slack in quantity and uninteresting in quality. The LORD CHANCELLOR Continues to reverse, with a sort of satisfaction, as if it were done with a hearty good will, the decisions of the VICE-CHANCELLORS. This has created some work for the Chancery Bar with briefs, and much amusement for those without them. We have still an arrear of judgments, some waiting for the reporter, and some for room, which this double number will somewhat help to relieve. THE PRACTICE OF WILLS. (Continued from page 9.) Rent. Rent accruing due after the death of the executors, according to the nature of the reversion. 332. Public Works, Proceedings instituted and Bills filed consequences are terrible. The subject de-lessor will go with the reversion to the heir or the -Return 338. Light Gold-Return 356. Railway Department-Return of Establishment, &c. 56 (2). Distress, Ireland - Index to Correspondence Commissariat Series, Second Part 188. Army, India, &c. Returns 354. Debtors, Ireland -Return 357. Table of House of Commons' Fees, amended 256. Convicts-Return 312. Rajah of Sattara-Copies of Letters 334. Merchant Seamen-Account 347. Opium, Hong Kong-Ordinance, &c. Prisons, Ireland-Twenty-fifth Report of Inspectors General Fever at Boa Vista-Report by Dr. M'William mands the immediate attention of the Legislature. We purpose returning to it next week. TURNPIKE TRUST SECURITIES. EXTRACTS from the Report of the Commissioners for inquiring into the state of the Roads in England and Wales, dated the 17th of July, 1840. The commissioners were, his grace the Duke of Richmond, the most noble the Marquess of Salisbury, Lord Eliot, the Honourable Lord Hatherton, the Honourable William Sebright Lascelles, and Edward Ayshford Sanford, esqs. : "Considering the difference of the circumstances (Co. Litt. 47, a.; Norris v. Elsworth, 1 Freem. 463; Moodie v. Garnance, 3 Bulstr. 153.) If there be no reversion in the lessor and the rent be reserved to his executors, administrators, and assigns, it will go to them and not to the heir. (Jennison v. Lord Lexington, 1 P. Wms. 555.) Arrears of rent, however, which became due in the lifetime of the lessor will be considered as part of his personal estate. (3 Bac. Abr. 63; Exors. H. 3.) 366. Railway Bills' Classification-Seventh Report from of the various trusts, one, as it appears from the re. has not been considered as due until the expiration Committee 80 (2). Distress, Ireland-Index to Correpondence, Board of Works Series; Second Part 328. River Wear and Port of Sunderland-Return 339. Holyhead Harbour, &c.-Correspondence, &c. 359. Public Works, Ireland-Proceedings at Corofin 363. American Tariff-Copy of a Despatch 375. Public Works, Ireland - Return 222. Superannuations-Account Criminal Offenders, England and Wales-Tables 351. Birkenhead Dock Bills-Report of James Abernethy, esquire 369. Poor Removal Act-Lords' Report 370. Greek Loan-Return 387. Holyhead Harbour of Refuge-Paper China, Riot at Canton-Papers HOUSE OF LORDS. THE FRAMING OF BILLS FOR PARLIAMENT. Lord BROUGHAM wished very briefly to call their lordships' attention to a subject which he had often mentioned before, namely, the manner in which Bills that were afterwards placed on the statute-book were prepared and sent up from the other House. Nothing could be more slovenly or more fruitful of mistake, mischief, and endless difficulty, than the imperfect method in which many of those Bills were prepared. He was induced to refer to this subject in consequence of having read a Bill which had lately been brought up from the other House of Parliament by Sir W. Somerville and Sir G. Grey for the consolidation of local Acts. In that Bill he found clauses imposing penalties and punishments that ought not to have turns, being in a most prosperous condition, whilst another, perhaps in its immediate vicinity, is in a state of insolvency, we are of opinion that no general measure of consolidation can he carried into effect with advantage to the public, till some provision is made for securing to the creditors the fair value of their present claims." "With this view we have made a calculation of the amount of the existing tolls, and find that it will afford ample security upon which a sum may be advanced by the Government, on the authority of Parliament, for paying off the present debt at the fair value thereof; and we recommend that such a sum should be raised on that security, or that the interest, together with an annual sinking fund, should be secured to the parties who may advance the amount Where the rent has been made payable on cer tain days, or within a certain period afterwards, it of the latter period; so that if the lessor died after the day on which the rent was payable, but within the period given to the tenant for payment, such rent would go with the reversion and not be considered as in arrear. Smith v. Bustard, 10 Co. 129, a; Anon Dyer (Clun's case, 10 Co. 127, a; 142, a; Blunden's case, Cro. Eliz. 565; Pilking ton v. Dalton, Cro. Eliz. 575.) But when the term expires the rent then becoming due is due immediately upon the expiration, though by the lease the rent may be made payable on certain days or within a certain period afterwards. (Barwick v. Foster, Cro. Jac. 227, 233, 310.) to demand payment is at sunset. (See 4 T. R. 173, Rent becomes due at midnight, though the time & 2 W. Bl. 1077.) Apportionment of rent, &c.-By the 11 Geo. 2, c. 19, s. 15, it is enacted that when any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise, or lease of any lands, tenements, or hereditaments which determined on the death of such tenant for life, the executors or administrators of such tenant for life shall and may, in an action on the case, recover of and from such undertenant or undertenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if MAY 15.] before such day, then a proportion of such rent, according to the time such tenant for life lived, of the last year, or quarter of a year, or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively. Though the words of this statute are confined to a tenant for life, it has been extended to the case of a tenant in tail. (Whitfield v. Pindar, cited in Vernon v. Vernon, 2 Bro. Ch. Ca. 662; see also Paget v. Gee, 3 Swanst. 694.) By the 4 Wm. 4, c. 22, after reciting the 11 Geo. 2, c. 19, it is enacted" that rents reserved and made payable on any demise or lease of lands, tenements, or hereditaments, which have been and shall be made, and which leases or demises determined or shall determine on the death of the person making the same (although such person was not strictly tenant for life thereof), or on the death of the life or lives for which such person was entitled to such hereditaments, shall, so far as respects the rents reserved by such leases, and the recovery of a proportion thereof by the person granting the same, his or her executors or administrators (as the case may be), be considered as within the provisions of the said recited Act." By the same statute it is enacted that "from and after the passing of this Act, all rents-service reserved on any lease by a tenant in fee, or for any life interest, or by any lease granted under any power (and which leases shall have been granted after the passing of this Act *), and all rents-charge and other rents, annuities, pensions, dividends, moduses, compositions, and all other payments of every description in the United Kingdom of Great Britain and Ireland, made payable or coming due at fixed periods, under any instrument that shall be executed after the passing of this Act, or (being a will or testamentary instrument) that shall come into operation after the passing of this Act, shall be apportioned so and in such manner that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, in the estate, fund, office, or benefice, from or in respect of which the same shall be issuing or derived, or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators, or assigns shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person, or of the determination of his or her interest, all just allowances and deductions in respect of charges on such rents, annuities, pensions, dividends, moduses, compositions, and other payments being made; and that every such person, his or her executors, administrators, and assigns shall have such and the same remedies at law and in equity for recovering such apportioned parts of the said rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts shall form part shall become due and payable, and not before, as he, she, or they would have had for recovering and obtaining such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments, if entitled thereto, but so that persons liable to pay rents reserved by any lease or demise, and the lands, tenements, and hereditaments comprised therein shall not be resorted to for such apportioned parts specifically, as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person or persons who, if this Act had not passed, would have been entitled to such entire rents; and such portions shall be recoverable from such person or persons by the parties entitled to the same under this Act in any action or suit at law or in equity." nated by his death or by the death of another per- It was held, before the passing of the 4 Wm. 4, CHAP. VI.—ON THE STAMP-DUTIES ON PROBATES AND LETTERS OF ADMINISTRATION. We have before stated that, by the 55 Geo. 3, c. 184, an affidavit is required by the executor, or the person applying for letters of administration, that the estate and effects of the deceased are under a certain value, in order that the stamp-duty may be paid on such probate or letters of administration; and we will now, therefore, state first what the duties are. By the before-mentioned statute, the following duties are payable in respect of probate of a will and letters of administration, with a will annexed, to be granted in England, where the estate and effects for or in respect of which such probate or letters of administration shall be granted, exclusive Choses in action of wife.-Where choses in ac- of what the deceased shall have been possessed of tion come to the wife, whether vesting before or or entitled to as a trustee for any other person or after the marriage, if the husband dies in the life-persons, and not beneficially, shall be time of the wife, without having reduced them into possession, they will survive to the wife; but as to those which come during the coverture, the husband may for them bring the action in his own name, may disagree to the interest of the wife; and recovery in his own name is equal to reducing into possession. (Garforth v. Bradley, 2 Ves. sen. 676.) The husband, by taking out letters of administration to his wife, will, as administrator, become entitled to all her personal estate, whether choses in action or not; and any other person taking out administration to the wife after the husband's death will be considered in equity as a trustee of what he receives, for the personal representatives of the husband. CHAP. V.-WHAT AN EXECUTOR MAY DO BEFORE PROBATE. As the executor derives his interest from the will itself, the property of the deceased vests in him Lord Holt, in his judgment in Wankford v. If an executor, before probate, assign a term of years or other chattel of the testator, or assent to a specific legacy, it will be necessary, in order to support the title of the assignee or legatee, that the will be afterwards proved. (Pinney v. Pinney, 3 Barn. & Cr. 335.) An executor may commence an action, except as hereinafter mentioned (Wankford v. Wankford, 1 Salk, 302), or file a bill, alleging, however, in the bill that he has proved the will (Humphreys v. Ingledon, 1 P. Wms. 753). before he has obtained probate; but he must obtain probate before he files declaration in the action, or before the suit is brought to a hearing. Above the } 20 Of the value of 100 o{ and under of 100 0 10 200 2 0 200 300 450 8 0 450 609 1,000 1,500 30 0 1,500 3,000 4,000 60 0 4,000 5,000 7,000 8.000 140 9,000 10,000 12,000 14,000 16,000 250 0 25,000 350 0 30,000 400 O 30,000 35,000 450 0 35,000 40,000 525 0 45,000 600 0 45,000 50,000 675 0 50,000 60,000 750 0 70,000 900 0 70,000 80,000 1,050 0 80,000 90,000 1,200 0 100,000 1,350 0 100,000 120,000 1,500 0 120,000 140,000 1,800 0 140,000 160,000 2,100 0 160,000 180,000 2,400 b 180,000 200,000 2,700 0 200,000 250,000 3,000 0 250,000 300,000 3,750 0 300,000 350,000 4,500 D 350,000 400,000 5,250 500,000 6,000 0 500,000 600,000 7,500 0 800,000 10,500 0 800,000 900,000 900,000 1,000,000 12,000 0 13,500 0 39 1,000,000 and upwards 15,000 0 The following duties are payable upon letters of administration without a will annexed to be granted in England, where theestate and effects for or in respect of which such letters of administration shall be granted, exclusive of what the deceased shall have been possessed of or entitled to as a trustee for any other person or persons, and not beneficially, shall be: Above the But where the executor had actual possession of It has been held also that a commission of bank- If an executor has administered, he may, before probate, be sued at law or in equity by the creditors of the deceased (Plowd. 280); and this will be so, although he should afterwards refuse to take out probate, and administration should be granted to The third section of the statute provides that the another. (See Douglas v. Forrest, 4 Bing. 704.) Act shall not be applicable to any case in which it A bill may be brought against an executor for shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description. In re Markby (4 Myl. & Cr. 484) it was held by Lord Cottenham that the Act of 4 Wm. 4, c. 22, does not apply to rents payable by tenants from year to year, which have not been reserved by an instrument in writing. To cases in which the interest of the person interested in rents and periodical payments is termi*16th June, 1834. discovery of the personal estate before the will is Where the executor, after having administered, and under 20 the value 600 15 0 600 1,000 1,500 45 1,500 2,000 2,000 3,000 75 0 3,000 4,000 90 0 4,000 5,000 120 0 7,000 180 0 7,000 8,000 210 0 8,000 9,000 10,000 12,000 300 0 12,000 14,000 330 0 14,000 16,000 375 0 16,000 20,000 465 0 20,000 25,000 30,000 35,000 675 0 35,000 45,000 50,000 900 0 1,010 0 50,000 60,000 1,125 O 60,000 70,000 1,350 0 80,000 1,575 0 80,000 90,000 1,800 0 90,000 100,000 2,025 0 120,000 2,250 0 " 120,000 140,000 2,700 0 4,050 0 4,500 and under } £160,000 160,000 160,000 180,000 200,000 250,000 300,000 350,000 3,150 0 3,150 O 400,000 500,000 600,000 700,000 700,000 800,000 900,000 1,000,000 COMMENTS ON COUNTY COURTS UNAVOIDABLE engagements compel us to be 3,600 0 brief in our remarks this week, although, as it will o be seen, there are divers decisions that provoke dis5,625 0 cussion. But there is a subject of more immediate 6,750 0 importance which must not be postponed, even for 7,875 0 a week. It relates to the fees of Court, about 9,000 0 11,250 which there are contradictory opinions, and a di13,500 0 versity of practice in various districts. 15.750 0 18,000 0 What fees ought The question at issue is this. 20,250 o to be demanded on granting a summons ? 22,500 0 In the majority of the courts the demand is limited to the fees for plaint and summons, for service of summons, and for the fee fund. 1,000,000 and upwards Probates of wills and letters of administration of the effects of any common seaman, marine, or soldier who shall be slain or die in the service of his Majesty, his heirs, or successors, are exempted from all stamp-duties by the 55 Geo. 3, c. 184. Books have been prepared, containing a sort of bill, in blank, of the fees to be paid, so that in the Clerk's Office and in Court an account may be made out in moment, and given to parties paying them, shewing the items, as is used by the officers in the superior courts. These are in books of 300 each, and in two sets; one set, No. 63, for the Fees in the Clerk's Office; the other, No. 64, for the Fees in Court on Hearing. The Clerk has only to insert the figures and tear out the leaf, and the party has his account. The useful sheet, shewing in tabular form the amount of fees to be taken in every form of action, and for all distances within seven miles, without the trouble of complicated calculation, announced last week, is now ready, and may be had in any quantities. The following are the SPECIAL FORMS, prepared by Counsel, and Copyright, which are now ready, in addition to all the Books and Forms prescribed by the Judges: His HONOUR stated that, as a general rule, be should allow the costs of an attorney when one was employed on each side, unless the other party ob. jected to it,-and then he should use his own discretion. PINCOMBE v. MARLEY. Debt for 31. 19s. 6d. for a balance of rent and the price of a calf. Slader for the defendant applied for a postponement of the case, as plaintiff had not supplied them with the particulars of their demand. Gillard, for the plaintiff, said, that as the debt was under 51. they were not bound to deliver the particulars; had defendant applied for them, they should be furnished. He would consent to the postponement on the defendant paying the costs of the day. 11. 5s. the costs of the day, into court, to abide his The JUDGE said that, on the defendant paying decision next court day, the case should be adjourned. But in the Warwick District, and in some others, it has been proposed by the Clerk, sanctioned by the Judge, and adopted in practice, to demand, in addition to the above, the fees for paying money into court, for paying money out of court, for Slader proceeded with the case, and his HONOUR entering satisfaction, and for calling the cause-gave judgment for plaintiff for the amount claimed. being an addition of about two-thirds, and making an immense difference in the value of the offices of Clerk and Bailiff. The reason alleged is, that if the action be settled out of court (as half of them are), those fees are lost to the officers, although they have to perform the processes for which they are demanded. The regular course of business after summons served, is for the defendant to pay the money into court, for the plaintiff to take it out, and for the cause to be called on in due course, and the entries made accordingly. If irregularly settled out of court by the parties, the cause must still be called, and the entries duly made in the books, and it is deemed that parties cannot be allowed by this sort of irregularity to deprive the officers of their fees. To secure payment of them, they are, therefore, in many of the districts, as in Warwick for instance, required in the first instance; and we consider that they are rightly required. According to the Table of Calculated Fees just published, a line for these has been added, so that they may be used or not, according to the custom of the court. We are informed that Mr. EAGLE, the judge of the court of Bury St. Edmunds, has ordered them to be adopted in his district. E. W. C. DEVON COUNTY COURT. South Molton, May 7. (Before J. TERRELL, Esq. Judge.) At the opening of the Court, his Honour stated that he need not say any thing as regards the jurisdiction of the Court, as he bad already done so at se Crediton, May 1. (Before J. TERRELL, Esq. Judge.) This was the first Court under the recent Act established for the recovery of small debts, and George Tanner, esq. was appointed clerk for this district. Owing to the shortness of time allowed to grant summonses, there were but ten causes entered for trial, of which only two were interesting. KINGDON and ANOTHER V. BACKWILL. The claim of the plaintiffs was admitted by the defendant, when G. W. Turner addressed the Judge for the defendant, contending that no judgment could at this court be given against him. The summons was issued on the 20th of April, but on the 21st the defendant filed his an interim order under the hand of Mr. Commissioner petition in the Exeter Bankruptcy Court, and obtained Bere, which was now produced. By 5 & 6 Vict. e. 116, the commissioner may give protection to the petitioner from all process whatever, either against his person or property of every description, which protection shall continue in force, and all process be stayed until the petitioner's appearance. Process in personal actions is of two kinds, mesne and final; and of mesne process the writ of summons is the first mentioned in the Uniformity of Process Act. Now, if the Legislature meant that only process against the insolvent's property and person, whether mesne or final, should be stayed, it would have said "and all such process be stayed"-but all process must be constructed to mean all proceedings of whatever nature, usually so denominated. The 57th section of the Small Debts Act expressly denominates this summons as a process. The order of payment, if made, FORMS required by Clerks, but not given in the Rules-(Prepared by veral places where he had opened his Courts, but would also be a process, and therefore he (Mr. Turner) contended that in pursuance of Mr. Commissioner Bere's interim order, the issuing of such order for payment must be stayed. What effect the final order, if obtained, would have, after reading the case of Toomer v. Gingell, 15 L. J. 255, C. P. it was not for him at present to consider. The defendant wished the case to be postponed until after his appearance in the Bankruptcy Court. The JUDGE said, it was of great importance to the public that mature consideration should be given as to what effect the interim and final orders of the 65. Order for issuing Summons where Defendant resides in another vious to the commencement of the business of the learned commissioners of the Court of Bankruptcy to shew them that he wished for the attendance of a Bar, he would give them exclusive audience. Actions pending in the Old County Courts. J. T. Shapland (wearing his gown) said, that preCourt, he would beg to draw his Honour's attention FORMS required by Clerks, Attorneys, and Parties, but not given by to the 4th section of the Act, as he had several causes now pending in the old County Court. After reading the section, he said, he should feel obliged if his Honour would inform him whether those cases might be continued and ended in the old courts, or must 4 they be commenced de novo in the new courts. Were the old pleadings to be continued, or did the proceedings at once become matter of record? the Rules-(Prepared by Counsel-Copyright.) 39. Particulars of Plaintiff's Demand (Rule 2)... 40. Particulars of Defendant's Set-off (Rule 17)...... 46. Notice to the Party of Application for a new Trial (Rule 21).. 47. Notice to Clerk by Plaintiff of Acceptance of Debt or Damages in satisfaction (Rule 16)... 48. The like to Defendant (Rule 16).... 49. Notice to Clerk of Application to set aside Proceedings (Rule 21) 50. Notice to the Party of Application to set aside Proceedings (Rule 21) 4 222 55. Consent for an Order to Pay Debt and Costs.................. FORMS required by Bailiffs.-No. 59. Return of Summonses served to be affixed in Clerk's Office (Rule 46) 4s. per quirc. MISCELLANEOUS. COUNTY COURT CAUSE BOOKS, on a convenient plan, for the ascertain in a moment the state of his causes. use of Attorneys, so arranged that the Practitioner may record and TABLES of FEES, constructed to enable the Officers and the Praetitioner to ascertain at a glance, without the trouble of computation, what are the Fees to be paid in every kind of action in the County Courts, and for every amount of debt or demand, and where the defendant resides at any distance within seven miles. Copies are stamped for transmission by post, free, to any person inclosing three shillings, in penny postage stamps. Price of the sheet, containing both sets of Tables, 3s. on paper; 4s. 6d. on millboard; 6s. on canvas, with frame; 78. on canvas, glazed, with rollers. The Tables, mounted separately, each, on millboard, 28. 7d.; on canvas, with frame, 4s. ; on roller, glazed, 5s. SCHEDULE of FEES, on a large sheet, price 6d. each. The THIRD EDITION OF PATERSON'S COUNTY COURTS ACT, containing a List of the County Court Towns and Districts, with the Officers of all the Courts, Precedents of Statement of Cause of Action and of Particulars, New Forms, and a very Copious Index, &c. price 6s, 6d. boards; 8s. 6d. bound; 9s. 6d. interleaved. Shapland then drew his Honour's attention to the His HONOUR stated, that where professional men 52nd section, and said, that as the corporation had were employed on both sides, their costs would be gratuitously granted the use of the Guildhall for the allowed as a matter of course; but that where an atpurpose of holding this Court, there was no neces-torney was engaged on one side only, costs would not sity for a general fund for providing court-house, be allowed except on special application. offices, &c. L ין tended to hear duly qualified professional men alone. Į of the prochein amy, the object of the practice in He asked the question on behalf of himself and the the superior courts being merely to afford time for Profession generally. such enquiries. By the COURT.-Take a rule, and to be heard at once. His HONOUR.-I have determined not to hear any person address the Court but attorneys or counsel, except a member of plaintiff's or defendant's family. COMPTON v. HAMP. Recovery of possession of tenement under sec. 122. Although the tenement is held under a written agreement, the Court will receive parol evidence of the tenancy. Greves appeared for plaintiff, and called the plaintiff in support of his own case. Lane appeared for defendant, and in his cross-examination of plaintiff elicited from the plaintiff that the r tenement sought to be recovered was let to the de* fendant by an agreement in writing; he then contended that the document must be produced, and its execution proved, and that parol evidence of such :: agreement could not be received. 1 The JUDGE.-I consider that in this case, the tenancy having been sworn to, and proof of the notice to quit having been given, such is a sufficient compliance with the 122nd sec. of the Act, and therefore. that the agreement need not be produced. Special defence-Insolvency-Evidence-Proof of insertion of debt in schedule. Benson, for plaintiff, objected that the schedule not being produced, there was no evidence that the plaintiff's debt was inserted therein, and that therefore the defendant was not discharged. The JUDGE held, that under sec. 10 of 5 & 6 Vict. c. 117, a copy of the schedule is not required. Benson then objected that the signature of the commissioner to the certificate was not proved. The JUDGE allowed the objection, and adjourned the cause till next court day. Quære:-If evidence of signature be not dispensed with by 8 & 9 Vict. c. 113? CARMARTHENSHIRE COUNTY COURT. (Before JOHN JOHNES, Esq. Judge.) A summons had been taken out in this court, but had been made returnable at Llanelly, the chief clerk stating that Kidwelly, the place where the defendant resided, was in the Llanelly district. P. G. Jones, for the plaintiff, contended that the case ought to be tried here. The cause of action arose in this district, and the plaintiff also resided in the district, and it was of no consequence that the defendant did not. His HONOUR said that he had referred to the clauses 59 and 60, which bore on the question at issue, and he was inclined to believe that the plaintiff could issue a summons in the place where he resided. The latter of those clauses seemed only to give permission to issue a summons in the district in which a defendant resided; but it was not compulsory, the words of the Act being, "That such summons may issue in any district in which the defendant, or one of the defendants, shall dwell or carry on his business at the time of the action brought." Under these circumstances, he was of opinion that the summons could be issued in the court where the plaintiff resided; indeed the contrary would be a monstrous hardship on the plaintiff. But as the plaintiff's summons had been made returnable at Llanelly, of course he could not take it here, BERKSHIRE COUNTY COURT. (Before J. B. PARRY, Esq. Q.C.) Windsor, May 10. PYNER, an infant, suing by next friend, v. HOWARD. Prochein amy-Practice. An action for recovering possession of house and land from tenant holding over. Lamb, for plaintiff, applied for leave to sue, and to be heard the same day. Williams, for defendant, objected. Must have notice of motion, and time for inquiry. Note. The learned Judge at Newbury intimated to Mr. Lamb that he had subsequently considered the practice, and should not in future think a rule requisite. The plaint may be entered by the infant in the name of the next friend, who must either appear personally on entering the plaint, or by writing authorise the use of his or her name. This will be sufficient notice to the defendant, who may object at the hearing, and shew cause against the responsibility of the prochein amy. DEARLOVE v. Balance of account. An action to recover 201. for goods sold, and on balance of account for valuation of crops and farming stock. contract for the sum of 1,0271. to shew that defendant Lamb, for plaintiff, proposed to give evidence of received possession, and to admit payment to the extent of 1,0071. and then leave the defendant to prove payment of that amount. Williams, for defendant, objected. This would be trying an action above 201. trial, the defendant, at the former court, attending at a quarter past twelve o'clock, before which time the case was called on for trial. The Court granted a new trial, on payment of costs. KENT COUNTY COURT. Romney, Monday, May 10. (Before CHARLES HARWOOD, Esq.) down for trial, but the only one worthy of notice was Thirty-six plaints were entered, and thirty set that of GRIST V. BARLING. Tort for killing a sheep-dog-Damages 101. Mr. Langham, of Hastings, for plaintiff, clearly proved the case, by the testimony of several wit nesses. Mr. Bond, of Folkestone, for defendants, submitted to the Court the probability that the dog was in a rabid state, and under that impression, his clients, if they did kill the dog, were justified in doing so. Verdict for plaintiff for value of dog £5 £6 1 After the causes were all heard, several applications were made to the Judge for leave to summons parties living out of the district to this court; and in all cases where the debt was contracted, and the evidence necessary to prove the same was in the dis Lamb, in reply.-The 58th section gives jurisdic tion on balance of account, and the 63rd section enables plaintiff to abandon the excess which may be due. This is an action which might have been en-trict, the Judge gave leave. tered under the Act if not for more than 201. proof of the balance of the account, otherwise the deBy the COURT.-The plaintiff must give some fendant will be defending an action for 1,0271. It cannot be the intent of the statute that this Court should enter into such an account between the parties. It subsequently appeared that the contract had been reduced to writing, and, not being stamped, could not be produced. Lamb then proposed to rely on the account stated. LANCASHIRE COUNTY COURT. Bury, Wednesday, May 12. (Before J. S. T. GREENE, Esq.) BOOTH V. BROOKES. Jurisdiction-Unliquidated damages. Plaint, "for money owing upon the unliquidated balance of a partnership account between plaintiff and defendant." Plaintiff and defendant had been partners; no account had been stated, or balance struck. His HONOUR held, that "unliquidated" meant unascertained, and not unpaid; and consequently that he had power to try the case under the 65th section of the Act. MANCHESTER COUNTY COURT. Wednesday, May 5. (Before R. BRANDT, Esq. Judge.) O'NEILL v. TAYLOR. New trial; under what circumstances granted. This cause was heard at a former court, in the absence of defendant. Lamb, in reply.-The summons had been properly issued in the name of the infant suing by his next friend, sufficiently described, and defendant had therefore received ten days' notice, during which time he Royle now moved, on an affidavit of facts and memight have satisfied himself as to the responsibility rits, to have the judgment set aside, and for a new WESTMORELAND COUNTY COURT. Appleby, May 7. T. H. INGHAM, Esq. the Judge of Circuit No. 3, which includes the counties of Westmoreland and Cumberland, and part of Lancashire, held his first court at Appleby to-day. Thirty-five plaints had been entered for hearing, but that number, before the holding of the Court, had been reduced to twentytwo. His Honour, on taking his seat on the bench, entered into an elaborate detail of the practice and jurisdiction of the Court, and of the advantages which the Small Debts Act would confer on the community. He also stated, that he had determined not to allow any but professional gentlemen to appear for suitors. He should not admit attorneys' clerks or agents, but he did not mean to exclude the wives, relatives, or friends of parties who could not attend themselves. Some of the judges, he said, entertained the idea that it would be well not to admit even professional gentlemen; but he was of opinion that they often contributed by their assistance to simplify the proceedings, and, so long as they did not abuse their privilege, he should be happy to hear them. RUDD v. DOBSON. Jurisdiction-Service of summons. Defendant was summoned on an unsatisfied judgment of the Sheriff's County Court under the 98th section of the Act. His HONOUR asked Mr. Weymss, who appeared (for Messrs. Jackson and Hewitson) on plaintiff's behalf, whether that Court had a statutory or only a common law authority? Weymss. It possesses only a common law power, your Honour. the 98th section applies only to the judgments of this Court, and the judgments of any Court held under the authority of statutes repealed by the County The JUDGE. Then this Court has no jurisdiction; Huish applied to have those cases in which profes sional men appear taken first. The JUDGE. I shall be happy to do everything to accommodate the Profession, but I must not make a rule to cause inconvenience to the poorer suitors, Cases above 51. where solicitors appear, and all parties are in readiness, I will take, on application, out of their order. ARROWSMITH V. Jury-Costs-New trial. The recovery of damages (under 51.) on warranty of a cow. Inglesant, for the defendant, asked for a jury. The JUDGE granted the application, on debt and costs being brought into court, and said he should never refuse the old English mode of trial, even where the sum in dispute was under 5l. if, in case of a defendant, the money was brought into court. Verdict for defendant. Inglesant asked for professional costs. The JUDGE.-I cannot grant them-the sum in question is under the prescribed amount. Hoskins, for plaintiff, applied for new trial, on the ground of verdict against evidence, and offered to pay costs of first trial. The JUDGE.-You have till next court day, then make the application; but there must be a very strong case to induce me to grant it. I can give you no encouragement. v. GEORGE TAYLOR. Partners-Misnomer in summons-Statute of Limitations. An action against one of two partners for a partnership debt. Hoskins, for defendant, objected that he ought not to be sued alone. The COURT overruled the objection under the 68th section. He then objected that the defendant in the title of the cause at the head of the summons was called George Taylor, but at the foot it was directed by mistake to William Taylor, his partner's name. The JUDGE.-I cannot pass over such an irregu larity, notwithstanding section 59. Let a fresh summons be issued. The plaintiff urged that this would throw him without the Statute of Limitations. The JUDGE.-The new summons may bear the same date as the old one. Hoskins objected, as the old summons was a nullity. The JUDGE.-The point can be discussed on the hearing of the case. COLTMAN . MANSFIELD. Composition. Huish, for defendant, represented that she had compounded with her creditors, paying 7s. 6d. in the pound, and that the plaintiff was almost the only one who had not accepted the dividend. He asked that judgment should be given for the amount of the composition only. The JUDGE.-You had better see if you cannot agree. It is a case in which I shall deal most le. niently if I am obliged to adjudicate; but I do not see how I can cut down the claim as urged. Adjourned for private arrangement. SMALL DEBTS ACT. TO THE EDITOR OF THE LAW TIMES. SIR,-I should be glad to hear the opinion of the Profession whether an ASSISTANT CLERK (being an attorney himself) can practise in the court; or in other words, whether he comes within the words "or other officer of the COURT" (see secs. 29 and 30), he being appointed and paid by the CLERK (see sec. 24). The Assistant Clerk, in many towns, is the only person entering plaints, &c. and residing on the spot, and if he be allowed to practise in the court, much evil and trickery will arise from it, and he and his principal will often, under the rose, divide the profits and also sums received for certain accommodation, influence, &c. behind the scenes. It appears that a certificated attorney who happens to be a managing clerk in the office of the chief clerk of the county court may practise therein, and this will lead to much abuse, unless speedily prevented. ONE, &c. TO THE EDITOR OF THE LAW TIMES. SIR, I observe in the LAW TIMES of the 8th instant the report of two decisions of the Judge of the County Court of Durham, at Darlington; they are not correctly reported. In the first case his Honour decided that, if rent is payable half-yearly, | M.A.; John Copner Wynne Edwards, esq. of Brase- With respect to the set-off, the question arose whether, if the plaintiff, in consequence of a set-off, pleaded and recovered less than the amount claimed, he would be entitled to his costs on the amount claimed or on the amount recovered; but it was unnecessary to decide the point, and his Honour merely recommended that the plaintiff, before issuing his summons, should, where there is an acknowledged set-off, see the defendant and obtain his consent to the set-off being deducted, and then commence his action for the balance. MEETING OF CLERKS IN CHESHIRE. TO THE EDITOR OF THE LAW TIMES. COURT PAPERS. Wednesday May 22-Motions ... 24—General Petition day } 25 Pleas, Demurrers, Causes, Further Di rections, and Exceptions 26 27-Motions 28 ..... 29 Pleas, Demurrers, Causes, Further Di31 rections, and Exceptions June 1 .... 2 3-Motions 4 5 7 Pleas, Demurrers, Causes, Further Directions, and Exceptions 8 Saturday ....12-Motions. SIR,-You state in your number of last week, in reporting the meeting of the Clerks in the East Cheshire Circuit, "that the fee for the adjournment is no addition to the fee for drawing up the order of Consent petitions must be presented, and copies left with adjournment;" it should be, that the fee for the ad- the Secretary, on or before the Thursday preceding the Sajournment is in addition to the fee, &c. which mate-turday on which it is intended they should be heard. rially alters the meaning. An ATTORNEY asks the following questions: First, Can actions for debts under 201. brought some Second, Are the 122nd and subsequent sections of the Act relating to the recovery of tenements not exceeding the annual value of 50l. to be considered as repealing the statute 1 & 2 Vict. c. 74, or is that statute still in force? [Clerks of the Peace for Counties, Cities, and Boroughs will The Lord Chancellor has appointed John Hem. WARRANT OF PRECEDENCY.-A warrant of pre- MIDDLE TEMPLE, EASTER TERM, 1847.-The MIDDLE TEMPLE, May 8.-The following mem- COMMON LAW SITTINGS. COURT OF QUEEN'S BENCH. Sittings appointed to be held in Middlesex and London, before the Right Hon. THOMAS LORD DENMAN, in and after Trinity Term, 1847. IN TERM.MIDDLESEX. 1st sitting, Wednesday, May 26, and two following days, A list of such remanets as appear fit to be tried in Term will be printed immediately, but on the statement of either side that a cause is too long to be tried in Term, it will be withdrawn from such list, provided the other side have two days' notice of the application at the Marshal's to postpone, and do not oppose the application on good grounds. The usual number of completed and new causes will be put into the list day by day in their usual order. Sitting after Term, Monday, June 14. IN TERM. LONDON. A GOOD SAMARITAN.-We never recollect, in the whole course of our experience, to have met with a more noble instance of Christian charity than that which we are about to record. We tell it as it has been told to us, in plain, unvarnished terms, only, out of delicacy, suppressing the names of the parties themselves. While the law circuits were lately in progress, a member of one of them was absent. What had become of him? It was whispered amongst his contemporaries that, although he had previously made a respectable maintenance for himself by literature and his profession jointly, he was now supposed to be dying of consumption, and in a state of the most abject want; and that, from the deaths of some and the departure of other branches of his family to settle in a distant colony, he had not a relative in England to care for or feel an interest about him. He was, in short, living in obscure lodgings, and, besides poverty INNER TEMPLE, May 7.-A further call to the and the last stage of illness, he had to endure an bar of the students of the Society of the Inner Temple entire want of friendship, and the sustaining kindness has been made, and yesterday evening the under- of sympathy and attention. A subscription was at mentioned members were duly sworn in before several once entered into by the circuit, and a very liberal of the benchers, and called to the degree of barristers sum of money was raised, quite enough, to the credit at law :-Alexander Walter Marcher, esq. of Trinity of the Profession be it said, to have removed College, Cambridge, M.A.; John Gardner, esq. of the evil of poverty for as long a time as he was Trinity College, Cambridge, LL. B.; Charles Joseph then supposed likely to live. One of the leaders Parke, esq. of Oriel College, Oxford, M.A.; Martin of the circuit silently put down his name, after Joseph Routh, esq. of Pembroke College, Oxford, listening to the story, for a very handsome sum. |