was charged with something which would amount to a felony at law; whereas it seems to be the better opinion that such practices between the sexes would not constitute the felony named in the innuendo. Sir F. Thesiger and O'Malley, contrà.-The evidence does not support the allegation of a direct and positive statement by the defendant that the plaintiff had attempted to commit such an offence. The witness says the defendant asserted it as a fact in the first instance, though he afterwards says that he stated he had it from the family. The case is distinguishable from Macpherson v. Daniels. But if there be a variance, still it is not fatal, for the same plea of justification would constitute a defence to the action, the question being in all such cases whether the occasion was a justifiable one on which the communication was made, even though the name of the informant might have been given at the time. The precise words of the slander or form of expression in which it is conveyed are immaterial; and as the only question is whether the occasion was a justifiable one, the defendant could not have suffered any prejudice by the variance: so that the case is one in which an amendment ought to be made so as to reconcile the proof with the allegation of slander in the declaration. As to the technical objection urged in the third place, it is submitted that the offence of sodomy may be committed by man with woman, and that it would amount to a felony. It is so laid down in 1 Russ. 698, quoting Wiseman's case, Fortes. 91; Reg. v. Jelleyman, 8 C. & P. C04. Sir F. Kelly replied.-The whole conversation must be taken into consideration, and not an isolated passage. Taken altogether, its substance and subject are shewn to be very different from the words laid in the declaration as to the third point. Sir F. POLLOCK, C.B.-As to that question I go along with you, and doubt very much whether this would be a felony. It may not be, however, necessary to decide it here. I will consult my brother on the other points. The learned judge then retired for a few minutes, and on his return said:-The first objection is, that the declaration avers the slander as a direct statement by the defendant; whereas the evidence is, that it was not a statement of the defendant himself, but of the brother of Mrs. C. on whose authority his informa. tion was stated to rest. This objection arises not only on the cross-examination of the witness, but on the examination in chief, though not so strongly. I think that the case of Macpherson v. Daniels is very clear, and that was a direct decision applicable to the matter now before me, and then under discussion. I think, on the authority of that case, I must take it here that this declaration avers the utterance of the words as the statement of the defendant himself. With respect to the evidence, we must see what the effect of it is; and I must say that this objection arises directly on the examination in chief, when the witness said that the defendant expressly gave his authority. It is contended, however, for the plaintiff, that the objection comes too late, for the words were proved directly before that fact came out. I confess I do not go along with that position, for the whole of the conversation must be taken together before we discover its real effect. If, in any part of the conversation with the witness, the defendant says he had his information from the brother, it must be taken that he meant to state that he had the whole of the statement from him. It is impossible to expect that a man in the situation of the defendant would make his statement more like a proclamation than an ordinary conversation, and refer to his authority for each sentence. I think, therefore, that we have no proof here that the statement was made on the authority of the defendant, and that constitutes a variance; and there is no evidence, therefore, to support the declaration as framed. As to the application to amend, my brother Coleridge agrees with me that I ought not to accede to it. The question is, whether there is any evidence at all that there was any such statement as that alleged in the declaration. I do not think this is a case in which an amendment ought to be made. It is a case for the discretion of the judge, and I shall not exercise it here. It is a question regarding the effect of the amendment on the defence, and the words of the statute correspond with what I think, for they limit the amendment to cases where it will not prejudice the defence, or make a material change. Now this amendment would introduce a most material difference-that, namely, between a statement on the authority of the defendant himself, or of a third party. I think, therefore, that the plaintiff must be called. Nonsuit. Norwich, April 1. (Before COLERIDGE, J.) REG. v. RISBOROUGH. Evidence-Confession. Where the prisoner, a boy of ten years, being enjoined by the clergyman of the parish to "speak the truth in the face of God," denied to him his guilt, but afterwards made a confession to a policeman, in which he alluded to the conversation with the clergyman, and said that he would "now speak the truth:"Held, that such confession was admissible. The prisoner was indicted for setting fire to a stack of wheat. Burcham, for the prosecution, having proved the corpus delicti, proceeded to shew that the prisoner, who was a boy ten years of age, had made a confession to a policeman; but it appearing that the prisoner had prefaced it by saying, "What I told Mr. Webbe was a lie; I will tell you the truth." COLERIDGE, J. suggested that Mr. Webbe should first be examined. The Rev. John Webbe was accordingly sworn, and stated as follows:-" Being the clergyman of the parish, and the prisoner having been an attendant at the Sunday school, I saw him soon after the fire, and spoke to him about it apart. On that occasion I conjured him to speak the truth. I did not threaten him, or hold out any inducement to him beyond that arising from the general obligation to speak the truth, on all occasions, in the sight of God. I enjoined him to speak the truth, in order that, in case of his appearing before the magistrate, he, the magistrate, might be able to decide whether he should be committed or not. After this conversation, the boy solemnly denied having had anything to do with the fire, or knowing of it." COLERIDGE, J.-I think that is sufficient. You may give in evidence what passed between the prisoner and the policeman. The statement of the prisoner was then proved by the policeman, and was to the effect that he had set fire to the stack, because his master had refused to let him go to church. The jury, however, returned a verdict of Not guilty. THE LEGISLATOR. Summary. day. We presume, therefore, that in future, in all criminal matters, witnesses will be kept out of the court during their particular trial, notwithstanding at first a little delay may be occasioned.-Times. THE LAWYER. Summary. The Index, the Term Papers, the continued influx of Judgments, and the interest attaching to all information relating to the County Courts, has compelled us to abbreviate whatever could be curtailed, and postpone whatever is not of immediate importance. Hence the omission of much correspondence, some notices of new books and leading articles, that were in type. We regret that the difficulty in obtaining a correct judgment has delayed the important cases, reported in this number, on the rating of Brickfields; but as it is, we believe no other report has as yet appeared. The following, for the use of Practitioners in the County Courts, are published at the LAW TIMES Office. 1. The Forms, Nos. 1 to 38, some having Four Forms on a Sheet, others only two Forms, all being for convenience of filing, printed on folio foolscap, per quire, 2s. II. The Books kept by the Clerk, bound in calf, each containing four quires, or 200 leaves. No. 1. Book for Plaint, 28s.; No. 2. MinuteBook, 35s.; No. 3. Execution-Book, 28.; No. 4, Cash-Book, 28s.; No. 5. Ledger, 42s.; No. 6. Fee-Book, 38s. N.B. The name of the County, &c. printed in the Forms and Books without additional charge. III. The SECOND EDITION of PATERSON'S COUNTY COURTS ACT, with the RULES, FORMS, and SCHEDULES, an Explanatory Introduction, Notes, and a very copious INDEX of more than thirtyfour pages. Price 6s. boards; 8s. bound; 9s. interleaved. IV. BITTLESTONE and WISE'S NEW PRACTICE CASES-Cases in all the Courts, including Evidence, Stamps, and the Law of Attorneys, issued at the close of each Term, in Parts, price 5s.; in Numbers, stamped to pass free by post, 1s. 6d. each. The Easter holidays have closed the doors of v. The LAW DIGEST, a general half-yearly Index to all the Cases Parliament for the week. THE MAGISTRATE. Summary. No topic has been mooted during the week which demands special notice here. SUSPENSION OF TRANSPORTATION. The following official letter from the office of the Secretary of State has heen forwarded to the visiting magistrates of the different gaols in the country : "Gentlemen,-I am directed by Secretary Sir George Grey to acquaint you that in consequence of the suspension of transportation of male convicts to Van Dieman's-land, it will be requisite to make immediate provision for the confinement and employment, in this country, of a great number of such offenders. "In order to facilitate the measures requisite for the accomplishment of this object, it appears to Sir George Grey that the temporary imprisonment in the county and borough prisons of a proportion of male convicts under sentence of transportation, may be necessary where there is sufficient accommodation for their reception, and where appropriate arrangements exist for reformatory discipline. I am therefore to request that you will state, for the information of Sir George Grey, what number of prisoners can be conveniently lodged in the prison under your superintendence, without interfering with its discipline and good order; what has been the greatest number of prisoners actually confined in the prison at one time during the present year; and what system of discipline is in force in the prison. "I am, Gentlemen, your most obedient servant, "Whitehall. "S. M. PHILLIPPS." reported and Statutes passed, alphabetically arranged, so that the Practitioner is enabled to ascertain in a moment all that has been decided or enacted on any subject during the half-year. In Numbers, stamped for post, ls. 1d. each, or in Parts. Part I.. 5s. 6d.; Part II. 6s. 6d.; Part III. (nearly ready), 6s. To be conti nued regularly. In the Press, THE PRACTICE of the COUNTY COURTS; a Treatise. By Edward COUNTY COURTS. MANY of the appointments of Clerks and Bailiffs are stated below. We shall be obliged by their being forwarded from any districts in which they are completed. Business has begun in many of the new courts, and the demand for summonses is enormous. Every claim not barred by the statute of limitations will now be produced, and the provision for the personal examination of the parties will enable many debts to be recovered which before could not be recovered for want of legal evidence-as in the common case of a tradesman serving without the aid of an assistant, and whose debts were virtually irrecoverable, because he was not admitted to prove the delivery by himself. Another cause of an influx of business at first, greater than can be expected after the lapse of a year or two, will be found in the fact that for some months past-indeed from the introduction of the Bill in the spring of last year, plaintiffs have forborne to sue, waiting the less costly and less hazardous means of res covery provided by the County Courts. "Sir George Grey requests me to inform you, that a vote having been taken in the last session of Parliament for defraying the cost of maintaining convict It will have been seen from the various notiprisoners in gaol, no additional expense will be im-fications of Sham Lawyers which have lately posed on the counties and boroughs in respect of the appeared, and which are but a fraction of the maintenance of prisoners who may be retained in or sent to any prison in pursuance of the contemplated specimens we have received, that this noxious arrangement. tribe anticipate a rich harvest from the new courts, and do not hesitate to advertise themselves as being ready to conduct business therein. With these warnings, we were much WITNESSES ON CRIMINAL CASES.-We may mention a circumstance which we consider to be one pleased to find, from a communication which of considerable importance; although, when counsel appears below, that Mr. KEKEWICH, the judge have made the application, we have known some of the Cornwall district, on opening his first judges to evince some annoyance, expressing an court, took the opportunity of announcing that opinion that much time would be wasted. But the he would hear none but attorneys or barristers, circumstance is this:-During the opening speech of the counsel for the prosecution in a trial for murder if a party did not appear in person. at Bodmin, the counsel for the prosecution requested Would be well if all the judges were to follow that the witnesses might be out of court. Mr. this example, and forthwith make a similar Justice Cresswell said, "Certainly, they ought always to be out of court in such cases; indeed, he wished it was a general rule." The following morning a similar application was made, and he said he had made such an order yesterday, and therefore he expected it would have been attended to upon that It public notification. It would tend greatly to preserve the character and influence of their courts, and so to conduce, not only to their own respect and convenience, but to the advantage of the public, deeply interested in keeping up the reputation and importance of courts in which so large a proportion of their debts will be recovered and of their disputes determined. It has been suggested that in these courts the attorneys should wear their official gowns, and really it appears to us a very sensible proposition, fraught with many advantages, and in itself unobjectionable. Various subscribers have promised to forward to us short notes of points of practice arising in the new courts. We hope they will not forget their promises, for they will be of great interest and utility. The Publisher of the LAW TIMES requests us to express his regret that he has been unable to supply the Books and Forms so rapidly as they have been required. Such has been the demand that no less than five presses have been kept in constant work during the last fortnight. But arrangements have been made to increase the supply, and he hopes there will be no further disappointment. A Cause-Book, to enable the practitioner to see in a moment what is the position of every case he has in hand, is now in preparation, and will be ready in a few days. The second edition of Mr. PATERSON'S Act being already exhausted, a third edition is in the press, and will be ready about the end of next week. The Editor has availed himself of the opportunity largely to extend his illustrative notes, and the rules of practice, &c. will be embodied in the text. It will also be printed in a larger type, and the Index will be still further extended, so as to make it yet more worthy of the preference that has been shewn to it by the Profession. The Law-Digest, in its new octavo form, will be ready on Thursday. COUNTY COURTS. TO THE EDITOR OF THE LAW TIMES. sought to be recovered, by the payment of instalments at short intervals of time. The gentlemen of the bar pressed themselves dissatisfied with an arrangement and solicitors, of whom several were present, exwhich the Court had adopted of calling each plaint which had been entered for hearing in the rotation in which they had been entered in the books of the court -an arrangement which had the effect of causing a great sacrifice of their time. judge the propriety of calling on for hearing first Thomas, a barrister present, suggested to the those cases which were defended, and next those which were undefended-an arrangement which he thought would not be attended with that inconvenience to professional men attending the court, which arose from the course the Court was now pursuing. The JUDGE said there might be difficulty in knowing whether a case was undefended or not, and there might be danger in taking it out of its order. All cases that were clearly undefended, he should be glad to take first. nour, that in cases where professional men were Buchanan, solicitor, would submit to his Hoconcerned, such cases should have a priority of hearing, in order to relieve them from attendance as early as possible. sideration any proposition by which, in arranging the The JUDGE said he was ready to take into his conbusiness of the court, the convenience of professional men and the public would be promoted; and sug gested that the professional men present should send in to him any recommendation they had to make on the subject in writing. the sitting of the Court was that of The only case of interest which transpired during MUSGRAVE v. LYAS. This plaint came before the Court under the 122nd section of the Act under which the court had been erected, namely, that intended to facilitate the recovery of the possession of small tenements from parties wrongfully holding over. The plaintiff leased the tenement, 14, Albemarle-street, St. John's, Clerkenwell, to the defendant, who, on the 7th of March last, for a consideration, surrendered up his interest in the premises by an indorsement on the lease. The defendant had left the premises, but his wife still held possession of them, and had refused to give them up to the plaintiff. The defendant did not appear to defend the plaint. Evidence having been given of the service of the summons on him, of his having signed the indorsement of surrender on the lease, and of a subsequent application and refusal to give up the premises, The JUDGE said, there must be a warrant under the seal of the Court to the bailiff, requiring him within a period of not less than seven or more than ten days after the date of the warrant, to eject the defendant from the premises, and to give the possession of them to the plaintiff. the clause under which the action had been brought Thomas, who appeared for the plaintiff, said, would turn out to be one of the most useful that had ever been inserted in an Act of Parliament. SIR,-In reading the various correspondence and discussions during the last few weeks, contained in your valuable paper, on the above courts, I have been induced to look very minutely into this Act (9 & 10 Vict. c. 95), and find many parts admit of great doubt and uncertainty as to their construction; but the one that more particularly called my attention was the fifty-second section, whereby it is enacted that "The clerk of every court holden under the authority of this Act, in which and while it shall be necessary to raise such fund (i.e. the General Fund), shall demand and receive from the plaintiff in any suit brought in that court the sum of sixpence when the debt or damage claimed shall exceed twenty shillings, and shall not exceed forty shillings, and for every claim exceeding forty shillings, one-twentieth in the new County Courts Act under which an alleged COLOURARLE OWNERSHIP.-There is a provision part thereof, neglecting any sum less than sixpence in estimating such twentieth part, or such other sum ownership to property can be speedily settled. It in either case, not exceeding the rates hereinbefore has frequently occurred, on a creditor obtaining an mentioned, as one of her Majesty's principal Secre-execution, that the property on the premises of his taries of State, with the consent of the Commis- debtor has been claimed under a bill of sale, or some sioners of her Majesty's Treasury, from time to time other convenient instrument, or a friendly landlord shall order, which sum, if not paid in the first instance has been found to claim the property against the exby the plaintiff upon suit brought in the court, may be ecution creditor. Such matters, in many instances, deducted from the sum recovered for the plaintiff, have been "colourable," or, in plain language, actual AND SHALL BE CONSIDERED AS COSTS IN THE "frauds," but the parties have refrained from litiCAUSE, and the clerk, &c. &c." Can I be informed, gating the alleged ownership on account of the law through the medium of your columns, whether the expenses necessarily attendant on such a proceeding. plaintiff or defendant is to be the contributor in the Now, however, the Legislature has provided a very raising of this General Fund? (When I say contributor, simple remedy in such cases, and has given power to I mean the person who is really to be the "General the new County Courts to come to a summary deFund" out of pocket.) Apparently upon the face of cision in respect to a claim. The following provision this section, it admits of being construed either way. in the Act (9 & 10 Vict. c. 95, s. 118) is very explicit The attention of your correspondents directed to this on the matter:-"And be it enacted, that if any point, as to the true interpretation of this part of the claim shall be made to, or in respect of, any goods or Act, will greatly facilitate the removal of the doubts chattels taken in execution under the process of any on this query, and oblige Court holden under this Act, or in respect of the proceeds or value thereof by any landlord for rent, or by any person not being the party against whom such process has issued, it shall be lawful for the clerk of the court, upon application of the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a summons calling before the said Court as well the party issuing such process as the party making such claim; and thereupon, any action which shall have been brought in any of her Majesty's superior courts of record, or in any local or inferior court, in respect of such claim, shall be stayed, and the court in which such action shall have been brought, or any judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing such action to pay the costs of all proceedings had upon such action after the issue of such summons out of the county court, and the judge of the county court shall adju Yours, &c. A PRACTITIONER. CLERKENWELL NEW COUNTY COURT. (Before STARKIE, Q. C.) This court has been opened, for the first time, for the transaction of public business, in a commodious suite of apartments fitted up for the purpose in Duncan-terrace, City-road. Mr. Starkie, the judge of the court, took his seat upon the bench a little after 10 o'clock, and proceeded immediately with the hearing of plaints, of which there were no fewer than 147 entered. A dense assemblage of suitors and others thronged the portion of the court set apart to the public. For a considerable time the Court was occupied in listening to and giving effect to arrangements which several of the suitors had made privately among themselves, for the liquidation of the debts dicate upon such claim, and make such order between the parties as to him shall seem fit; and such order any suit brought in such court." By the new rules, shall be enforced in like manner as any order made in the claimant is to be deemed the plaintiff, and the execution-creditor the defendant in the summons. NEW COUNTY COURTS.-The new County Courts, established under the "Act for the more easy Recovery of Small Debts and Demands in England" districts of Middlesex, have now been duly consti(9 & 10 Vict. c. 95), for the Brompton and Brentford tuted under the above Act, and the following gentlemen have been appointed the officers of these courts, vix. Mr. Andrew Aos to be judge of the several districts of Brompton, Brentford, and Marylebone; Mr. Charles Burrows, solicitor, to be clerk of the courts to be held in Brompton and Brentford respectively; Mr. John Gomm, solicitor, to be clerk of the Marylebone Court; and Mr. John Rogers, solicitor, to be high bailiff in the above several districts. The temporary clerk's office for the Brompand the first courts for the dispatch of business in ton district is open in Michael's-place, Brompton, that district are to be held on the 26th, 27th, and 28th of the present month. DEVON.-John Tyrrell, esq. the judge of the pointed the undermentioned to be clerks of the several eastern and northern Devon County Courts has apcourts in his district: ... Axminster... Barnstaple Bideford Crediton Exeter Honiton.. Southmolton Tiverton.... Torrington... Chas. Bond. Lionel Bencraft. James Rooker. George Tanner. John Daw. R. H. Aberdein. T. L. T. Rendell. It is understood there will be a high bailiff appointed for each of the above districts, but the appointments have not yet been made. CORNWALL.-On Tuesday, the 6th instant, the County Court of Cornwall, for the District of Penzance, was opened before George Grenville Kekewich, esq. the judge. No cases were set down for trial, and the only business transacted was the appointment of the High Bailiff. With regard to the practice of the Court, His Honour intimated that professional men only would be heard in the behalf of others; that of course parties might appear in person, but that agents not belonging to the Profession would be excluded. CIRCUIT No. 25.-Mr. Serjt. Clarke, judge. Clerks:-Charles Gallimore Brown, esq. solicitor, of Bilstone, for Wolverhampton; Thomas Walker, esq. solicitor, of Wolverhampton, for Dudley; Joseph Heapy Watson, esq. solicitor, of London, for Oldbury: William Cotterill, esq. solicitor, of Walsall, for Walsall. Charles George Megevan, gent. of No. the courts. 15, Chancery-lane, appointed high bailiff for each of NORFOLK.-Mr. Birch, judge; Arthur John Landor, barrister, high bailiff. NEWBURY.-This was the first town on the Berks district, and was opened by Mr. Parry, Q.C. on most of the leading practitioners in the town, and Thursday. The Court was very respectably attended, some from the neighbourhood, being present. The earned judge stated that he wished as a general rule, to confine the practice of the court to the attorneys whom he desired might attend properly robed, and also to enter their names on the court-roll.-Duck v. Wells was first called. An action on a judgment obtained in the Queen's Bench. The defendant did not appear, and service on him personally being proved, the plaintiff's attorney offered in evidence a paper, which he stated was an extract from the judg ment-roll; but not having any official mark on the face of it, and the plaintiff being unable to verify its correctness, the Court rejected it, and adjourned the case till next circuit, of which the bailiff was directed to give the defendant notice. The case might have terminated in the committal of the defendant, which the judge assigned as one reason why the strict rules of evidence should be observed.-From a Correspondent. MR. LEAHY.-We have much pleasure in copying the following very just tribute from the Dublin Evening Post : The London newspapers contain a list of the new judges of the county courts in England. This list contains the name of a gentleman (Mr. David Leahy) whose appointment, a source of great satisfaction to the whole Liberal party of the kingdom, must be peculiarly so to the Liberal party in Ireland. For many years Mr. Leahy has been an indefatigable labourer in the promotion of every interest-social, political, and religious-of his native country. If his labours have not always been of a kind to attract public notice, they were not, from their unostentatious character, the less efficient, or the less entitled to the gratitude of those in whose behalf they were expended. The brilliant talents, varied acquirements, and sound knowledge of Mr. Leahy, obtained for him welcome access to publications of the highest literary and political consideration in England, and through such channels has he ever been the zealous and unwearied advocate of this country. It is well known to political men, that Mr. Leahy filled a very important part in the last great struggles that took place upon the old party battle-ground of Ireland. He was specially retained as counsel to prepare the defence of Lord Normanby's Government against the notorious impeachment of the Roden committee; and too much praise cannot be given to the efficiency of the assistance which he rendered upon that occasion. More recently, during and subsequent to the State Trials, Mr. Leahy rendered invaluable service to the cause of justice, by a series of the most remarkable publications ever called forth by any politico-legal controversy. Before the reversal of the iniquitous judgment of our Court of Queen's Bench by the House of Lords, the writings of Mr. Leahy had prepared the public mind of England for that righteous judgment; and his subsequent publication upon the State Trials is a contribution to our constitutional history, of inestimable value to the student of the political annals of Ireland. We are much gratified by the announcement of this gentleman's appointment, and not the less so as it marks a sort of epoch, from being, we believe, the first appointment, of recent times, of an Irish Roman Catholic to a purely judicial office in England. PROMOTIONS, APPOINTMENTS, ETC. [Clerks of the Peace for Counties, Cities, and Boroughs will oblige by regularly forwarding the names and addresses of all new Magistrates who may qualify.] WHITEHALL, March 29.--The Lord Chancellor has appointed Walter Canning, of Handsworth, in the county of Stafford, gent.; Edmund Oldham, of Stockport, in the county of Chester, gent.; and George Archer Smith, of Newcastle-upon-Tyne, Wednesday gent. to be Masters Extraordinary in the High Court of Chancery. COMMISSION SIGNED BY THE LORD-LIEUTENANT.-PEMBROKESHIRE.-W. H. B. J. Wilson, esq. to be deputy-lieutenant. 3 4 5 6 Surrey-Pemberton v. Colla York-Worth and Another v. Gresham and Another Liverpool-Doe dem. Hayward v. Tinslay Petitions Unopposed first, Short Chester-Davis v. Falk Pleas, Demurrers, Causes, Further Directions, and Exceptions Petitions Doe dem. Groves v. Groves Glamorgan-Doe dem. Richards and Another v. Evans Doe dem. Bennett . Harry and Another Carmarthen-Thomas v. Frederick Same v. Same Lincoln-Chapman v. Rawson Unopposed first, Short Stafford-Whitmore and Others, assignees, &c. v. Leek 7{ Causes, and Causes 8-Motions. Before VICE-CHANCELLOR KNIGHT BRUCE, At Westminster. Tuesday.. April 13-Motions and Causes Wednesday ....14-Bankrupt Petitions and ditto EASTER TERM. Thursday ...... 15-Motions and Causes Friday 16-Petition Day. Petitions and Causes Saturday...... 17-Short Causes and Causes Monday Pleas, Demurrers, Causes, Further DiTuesday ....20) rections, and Exceptions ....21-Bankrupt Petitions and ditto 22-Motions and Causes 23-Petition day. Petitions and Causes Saturday ...... 24-Short Causes and Causes Monday Tuesday.. EASTER TERM. ...... 16-Petition day. Petitions Saturday 17 Petition day. Unopposed Petitions and Appeals Saturday ......24 Monday........ 26 Tuesday.. ...27 Appeals Tuesday. Wednesday....28, ....21 Thursday...... 29-Appeal Motions and Appeals Thursday.... Friday 30 Friday..... Saturday.. May 1 Monday.. 3 Tuesday.. 4 Wednesday Thursday 26 27 Friday....... 7{ and Appeals Saturday ...... 8-Motions and Appeals Such days as his Lordship may be occupied in the House of Lords excepted. Wednesday ........ first), and Causes Pleas, Demurrers, Causes, Further Directions, and Exceptions 22-Motions and ditto Pleas, Demurrers, Causes, Further Di23{rections, and Exceptions Short Causes, Petitions (unopposed first), and Causes Pleas, Demurrers, Causes, Further Directions, and Exceptions 29-Motions and ditto 30{fections, and Exceptions Saturday.... May 1{first), and Causes Monday.. ..... 3 Tuesday. 4 Wednesday .... 5 Thursday 6 ..... Friday ........ 7 Saturday 8 Pleas, Demurrers, Causes, Further Directions, and Exceptions {Short Causes Petitions (unopposed Wigglesworth and Co.-Dale v. Pollard and Others, special first), and Motions. COMMON LAW SITTINGS. COURT OF QUEEN'S BENCH. Sittings appointed to be held in Middlesex and London, be case Parkes.-Cobb v. Allan and Another, ditto Weymouth.-Doe dem. Renon and Another v. Ashley, special case Ludlow and Co.-Doe dem. Hawksworth v. Hawksworth, ditto fore the Right Hon. THOMAS LORD DENMAN, in and Hughes and Co.-Berkeley v. Kemp, dem. after Easter Term, 1847. Friday, May 7, at 10 o'clock for undefended causes, and such as the Judge considers fit to be taken. 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. Berkeley v. Mackey, ditto Townshend.-Munden v. The Duke of Brunswick, ditto Stephens and Co.-Leatham and Another, v. Simmonds and Whitmore and Co.-Morris, Bt. v. The Duke of Beaufort, do. Webber.-Watling and Another (executors, &c.) v. Horwood, special case Gregory and Co.-Ewbank v. Wood, dem. Yallop.-Bownes v. Marsh, from New Trial Paper Hughes and Co.-Berkeley v. De Vear, sued, &c. ditto Kempster.-Hall v. Edmonds, ditto Parkes.-Ellis and Others, assignees, &c. v. Russell and Ingram v. Hoskins Others, special verdict. Morphett.-Plumer v. Robertson, dem. J. Lewis.-Lewis v. Harris, ditto Briggs and Son.-Howard v. Clarkson, ditto Flower, Plaintiff in person.-Flower v. Newton, ditto Johnson and Co.-Hall v. Bambridge, special case Lawrence.-Bartlett v. Chamberlain, dem. Philpot.-Morrell v. Biddle, special case Butt.-The Right Hon. H. Hobhouse v. James, ditto Husband and Wife.-Jones v. Sawkins, dem. Lewis.-Nathan v. Lazarus, ditto Angell, plaintiff, in person.-Angell v. Harrison and Others, ditto Fyson and Co.-Phillips v. Curling, award CROWN PAPER, Easter Term, 1847. Reg. v. Inhabitants of Mile End Old Town Reg. v. The Inhabitants of Marton-cum-Grafton Keg. v. The Inhabitants of Landkey Reg. v. Great Western Railway Company Same v. Same Harrison v. Cotgreave Logan v. Hall and Another Liverpool-Luckey, Executor, v. Hawkins Winch and Others v. Hamilton and Another Newcastle-Lambert and Another v. Knill Devon-Young v. Grove Cornwall-Ricketts and Others v. Bennett and Another Doe (Lord) v. Crago Coode v. Cayger Reg. v. The Inhabitants of Township of Borough of Hales- Derby-Cox, Surog, &c. v. Glue Owen Reg. v. Overseers of Oldham Union Reg. v. The Justices of the West Riding of Yorkshire Reg. v. William Richardson Reg. v. Archibald Douglas, esq. Reg. v. Thomas Phillips and Another, Justices, &c. Reg. v. The Inhabitants of Alderley Reg. v. Thomas Grimshaw Reg. v. The Inhabitants of Rhoscolyn Reg. v. The Inhabitants of Shalford Reg. v. The Inhabitants of St. Giles-in-the-fields Reg. v. The Inhabitants of St. George, Bloomsbury Reg. v. The Inhabitants of Stainforth Reg. v. The Inhabitants of Mylor Reg. v. The Inhabitants of St. Clement Danes Reg. v. The Inhabitants of Dukinfield Reg. v. The Inhabitants of the Township of Leeds Reg. v. William Belton Reg. v. Charles Saffery Reg. v. Morris Myers Reg. v. Churchwardens, &c. of Asher, Hants Same v. Saint Same v. Mousley Batho and Another v. Batthyany Warwick-Valpy and Others, Asses. v. Sanders and Another Sunnicliff v. Tedd New Trials of Hilary Term last. Middlesex-Doe (Muller) v. Claridge Varney v. Hickman London-Hitchin v. Groome Smith and Others, Asses. v. Watson Miles v. Pope Beaumont v. Drengeri Brown. Chapman Baker v. Sayer Adlington v. West 23 Special paper .... Midd. 2nd sitting Saturday...... 24 Crown Cases... 26 Special Paper 27 Errors. .... Friday.. Saturday .....17 Monday Tuesday. .... 19 20 Wednesday Thursday Friday.. Monday. Tuesday.. Thursday ...... 29 .30 Special Paper Saturday.... May 1 Monday Tuesday 4 ...... Wednesday Friday .... 28 Special Paper Doe dem. Knight v. Chaffey, jun. and Another, by order of Nisi Prius. (Part heard 25th Jan. 1847.) Case to be amended. Lewis v. Paxley, by order of Vice-Chancellor Knight Bruce Hammond v. Peacock, by order of Mr. Baron Alderson Clayton, executor, &c. v. Haigh and Others, by order of Mt. Saunderson v. Dobson, by order of the Master of the Rolls Doe dem. Hutchinson r. Whittome, by order of Mr. Baron Alderson Newnham v. Coles, clerk, by order of Nisi Prius Wilson v. Eden, bart. and Others, by order of the Master of the Rolls Hall v. Lack, by order of Nisi Prius Doe dem. Adames v. Bridger, ditto Baddeley, clerk, v. Gingell, by order of Mr. Baron Parke Bell and Another, assignees, &c. v. Samuel Crockford, administratrix v. Lord Maidstone Clark v. Newsam and Edwards Volans v. Fletcher Lamert v. Heath Richardson v. Carmichael, bart. Barnard v. Colls Harnett v. Bates Eager v. Grimwood Derby-Britt v. Pashley and Others Middlesex-Dyer v. Green Moved after the fourth day of Hilary Term, 1847. Caley v. Johnson Boulton v. Miles Fesenmeyer v. Adcock PROCLAMATIONS OF OUTLAWRY.-On Thursday, Kemp, the officer of the Sheriff's Court, called upon the following persons to surrender themselves into the custody of the sheriffs of Middlesex, or to be severally outlawed :-Richard Carpenter, at the suit of George William Killett Potter; Stephen John Welch, Fletcher Welch, and George Ford, at the suit of Rowland E. Lewis; C. Williams, John and William Bright, at the suit of D. E. Columbine; Robert Parker, at the suit of Proctor Walker, the Rev. John Horsfall and J. C. Parker; Baron Vincent de Tuyll, at the suit of Francis F. I. Nugee; Edward Johnson, at the suit of James Stuart; the Hon. A. Cavendish, at the suit of Morrice Levy; S. P. Powys, at the suit of Laurence Levy; Thomas Francis Pink ney, at the suits of Charles and Edmund Mosley; John R. Brinkman, at the suit of W. Gill; Jane E. Blackwell, at the suit of Constantine W. de Bernardi; John Bright, at the suit of Moses Pool; Patrick Leigh Strachan, at the suit of Augustus de Medina; Arthur Wellesley Williams, at the suit of Henry Page; Isabella Stephens, at the suit of John Park; Thomas Piddock, at the suit of H. Adams; Robert Peel, at the suit of P. S. P. Hughes; Samuel G. Beamish, at the suit of W. Sylvester Wilson; James Hunter, at the suit of C. Lewis; Charles Augustus Grimes, at the suit of Hannah Goldshead; and Emma M. Slingsby, at the suit of the Earl of Chesterfield, &c.-Globe. LEGAL INTELLIGENCE. OXFORD CIRCUIT. Hereford, March 30. Mr. Serjeant Gazelee opened the commission to-day. The courts open at ten to-morrow. The calendar contains the names of twenty-eight prisoners, one of whom is charged with infanticide, one with bigamy, one with concealing the birth of an illegitimate child, two with cutting and wounding, and the rest with larcenies. The cause list, which has not closed yet, contains already six entries, some of which are marked for special juries. Thursday is the commission day for Monmouth, which leaves only one entire day for all the business here. At the Summer Assizes six causes were made remanets, though Sir Thomas Wilde sat till midnight here the day before the business began at Monmouth. Gloucester, Wednesday, April 7.-At the rising of the Nisi Prius Court yesterday afternoon, Mr. Justice Maule intimated, that whilst he was anxious to lexpedite the business of the assizes, the court would not open for business before half-past 9 each morning, that extra half hour being requisite for him to travel from Cheltenham, where he was obliged to go each evening, finding it impossible to sleep in the unventilated, undrained, fœtid dog-hole which the liberality of the magistrates of Gloucester had provided as lodgings for Her Majesty's judges of assize, People of robust health might struggle through these inconveniences without risk to their lives, but he was obliged to seek in an inn at Cheltenham that accommodation which was denied him in this city. The notoriously unfit condition of the judges' lodgings in Gloucester has been a subject of wellfounded complaint for many years, without leading to any exertion on the part of the magistracy to remove or abate the nuisance. MONMOUTH, April 2.—Mr. Serjt. Allen opened the commission here yesterday. This being Good Friday, their lordships did not take their seats in court till one o'clock. The criminal business is very heavy, owing to the circumstance that the magistrates did not hold an adjourned sessions for the trial of minor offenders preparatory to the assizes, as is the custom in most other counties on this circuit. In the calendar there are the names of eighty-nine prisoners. Among the other cases there is one charge of murder against a woman for murdering her child, and one of manslaughter. In the Nisi Prius Court there were only eight cases, six of which were settled out of court, or were virtually undefended, and in the seventh, which was the last disposed of, there was no kind of interest. NORFOLK CIRCUIT. Norwich, March 31.-The commission for the county of Norfolk, and for the county of the city of Norwich, was opened to-day. The joint-cause list contains thirteen entries, of which three are marked for special juries. The joint calendar contains the names of fifty-five prisoners. nature. The calendar contains the names of 104 Taunton, Monday, April 5.-JURIES.-It is high EASTER TERM.-On Wednesday, on the opening of the offices of the common law courts after the holidays, the lists of the arrears for Easter Term, commencing on Thursday next, were exhibited. As the first of the three courts, the Court of Queen's Bench requires particular notice on the present occasion. Hitherto the new trial paper of that court contained many causes, and on reference to the time the rules were obtained, it was ascertained that 18 months or two years had elapsed, and it was found that to obtain a rule nisi was in effect to delay justice for no incon. siderable period. The learned judges by their exertions have made great progress in diminishing the arrears, and the list for the ensuing term clearly reveals their labours. There are now only 62 rules to be argued for new trials, the earliest of which was obtained in last Easter Term, and of five remaining for judgment, one case will decide two others. Of special cases and demurrers, there are 61 for argument and one for judgment. In the Court of Common Pleas the remanet paper exhibits five enlarged rules and 46 rules for new trials, all of which, with the exception of two, were moved in and since Michaelmas Term. There are five rules for judgment. In the demurrer paper there are 23 rules appointed to be heard on the 21st instant. The peremptory paper of the Court of Exchequer has five rules for argument. Of cases in the special paper there are 22 for argument and one for judgment, whilst of demurrers there are three for judgment and 26 for argument. In the new trial paper there are six rules for judgment and 36 for argument, all of which, with the exception of six, were moved in Hilary Term. It is not too much to say that the lists of the three courts present, on the whole, a very healthy appearance in regard to the arrear of business, and that, by renewed exertions, the Court of Queen's Bench will shortly reach the two other courts in the number of rules for new trials. conducted the prosecution, but with whom I had no previous acquaintance. To you, my Lord, then, I appeal to set me right in the opinion of the public, as to my motives for prosecuting Hill having been neither vindictive, outrageous, nor wrongful." Lord Newborough, the high sheriff, was next appealed to, and signs the following memorandum, which is published with the letters: "On application to the judge as to whether he purposed taking notice of the letter Lord Vivian had addressed to him, he stated, That he could not now revert to the case, in court; that he considered Mr. Temple's language to have been impertinent, but hardly worth Lord Vivian's notice; and being relevant to the case, he did not stop him at the time, although, had Lord Vivian appealed to him, he should have stated that his conduct had been very proper in the prosecution, and that he (the judge) would write to Lord Vivian to that effect. Lord Vivian, in reply, expressed his regret that he did not, as presiding over the Court, think fit at once to vindicate his character from false imputations, and from language which he stigmatised as impertinent; and that he (Lord Vivian) yet more regretted that there was any counsel on this circuit so devoid of right and gentlemanly feeling as to shun making reparation for the unwarrantable language he had used." The subject appears to have attracted much attention in the principality. CORRESPONDENCE. REPEAL OF THE CERTIFICATE DUTY. petition, signed by all the attorneys in this town, for I have received a letter from Sir Thomas saying that he had presented it to the House; also a very polite letter from Mr. Buck, saying that he would take the earliest opportunity of conferring with Sir Thomas on the subject, and rendering him any sup port he might require. Is this matter entirely dropped? South Molton, April 7, 1847. J. T. SHAPLAND. [Certainly not,-only the circuit and the press of matter relating to the establishment of the county courts have interfered.-ED.] BANKRUPTCY AND INSOLVENCY. TO THE EDITOR OF THE LAW TIMES. 3rd instant on the subject of bankruptcy and insolSIR,-On reading the article in your paper of the vency, it occurred to my recollection, that during the railway litigation to which that article refers, the almost obsolete section of the 1 & 2 Vict. c. 110, (section 8), was made use of in several instances, within my knowledge, by alleged creditors in respect of railway schemes, and parties compelled to put in bail to answer demands, their non-liability to which the subsequent decisions established beyond all question. As ample provision was made in the subsequent Act of the 5 & 6 Vict. c. 122, for the act of bankruptcy intended in substitution for a trader's arrest and remaining in prison, the 8th section of the 1 & 2 Vict. c. 110, ought then to have been repealed. I have taken the liberty of calling your attention to what, at the time, struck me as an omission of the legislature and an act of great injustice to the parties referred to, under the hope that if the proposed new measures in this branch of the law should omit the repeal of this clause, the attention of the profession may be called to the probability of its abuse and the THE PRIVILEGES OF THE BAR.-Lord Vivian has "For Mr. Temple's opinion of my motives, I care I am, Sir, your very obedient Servant, WILLIAM HENRY Moss. Hull, 7th April, 1847. STAMPING EXECUTED DEEDS AND TO THE EDITOR OF THE LAW TIMES. SIR, For the information of your readers, I beg you will insert the following copy of an official letter as to the period within which executed deeds can be stamped without payment of any penalty, and respecting which various periods have been stated by correspondents in the LAW TIMES. (a) I am, yours, &c. Northallerton, W. T. JEFFERSON. (a) See Vol. VIII. p. 148. |