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THE MAGISTRATE.

Summary.

It will be observed, also, that some of the judges have proposed very judicious arrangements for the order of business, and it would be advisable if all were to adopt similar plans.

A question has been started at the very threshold of the proceedings, about which opinions differ widely. The clerk is to state in the summons the nature of the action, and the substance of the cause

SALE OF FICTITIOUS BANK NOTES.-On Monday last a respectable bookseller and stationer, carrying on business in this town, waited upon the magistrates at the public office, in consequence of an intimation he had received, that he had (most unwittingly on his part) subjected himself to heavy pains and penalties by the exhibition in his window for sale who were less able to contribute it than they them. of action; and in actions for demands above 51. particulars of the demand are to be appended to the summons.

selves were.

an

66

In what form, then, should the cause of action be stated?

course, as either "contract
The nature of the action must be stated, of
or "tort."
Some think that the cause of action should be

at this question more as tradesmen than farmers, on behalf of parties; thus at one blow destroying calculating upon the ultimate return rather than upon the hopes of the host of sham lawyers who were the present advantage. He concluded a long address lifting their heads in every court-town, calculating by leaving the subject in the hands of the Court, exon the County Courts for a fruitful harvest. NOTHING claims notice in our summary of pressing himself, however, unwilling to relinquish a question which he considered of vast consequence to the moral state, not only of that county, but of the nation at large. Mr. G. Bankes, M.P. the chairman, after thanking the noble lord for the able and comprehensive manner in which he had stated his case, observed, that it was very true that the Court was cautious in laying out large sums of money; the magistrates felt that the money which they expended was not their own, but was contributed by parties It was evident the Government had some comprehensive scheme in contemplation, and although he would not then venture to pass any decidedly strong opinion upon it, still he must say that he concurred in the observation of Lord Denman, that the proposition for abolishing transportation was imprudent to lay out their money in altering their stated with great particularity-almost with the one. appalling" At present, it would be most gaols, still he hoped the noble marquis would not re-minuteness of a declaration; and in some of the linquish the subject, but bring it forward, if necessary, upon some future and more convenient occasion. Courts elaborate forms have been adopted. But After a few remarks from Mr. Floyer, M.P. the we do not think such particularity either necessary subject dropped, as on all former occasions, without or desirable. It will be sufficient so to state the cause of action that it may be commonly underany definite result. stood, and that no reasonable person might be misled by it. The more brief, therefore, the better. Thus, in an action for an assault, we would say, "in an action of tort, for assaulting, beating, and ill-treating the plaintiff;" or, in an action of contract, on an agreement by the defendant and so forth. Mr. PATERSON has, at our suggesto deliver the plaintiff two bushels of wheat for 15s." tion, prepared a very elaborate collection of precedents for the statement of all the most usual causes of action, which is introduced, among the other new matters of practice, into the third edition of his County Courts Act.

of fictitious bank notes. These "promises to pay" have of late become an ordinary article of fancy stationery; they have been sold as valentines, and in other harmless forms, but they have also not unfrequently been made a fraudulent use of by dealers in bad money, who have succeeded in passing them to farmers and small tradesmen. They are printed on paper similar to the genuine note, with the word * five" on the left-hand corner, in white letters on a black or sable ground, the letter "£" being placed before the "five," and the word "pounds" being introduced in the body, so that on the first glance, or to an ignorant person, it would appear to be a genuine 51. Bank of England note. It was evident to the magistrates that the party who had exhibited these notes for sale had done so merely as an ordinary article of merchandize, and as a specimen of art, without being aware of the consequences to which he subjected himself. He was, however, informed that in so doing he had been guilty of a felony punishable with fourteen years' transportation, according to the provisions of the 5th section of 52 Geo. 3, c. 138. By this statute it is enacted, "that if any person or persons shall knowingly and wilfully utter, publish, or dispose of, or put away, any paper or other material containing any word or words, figure or figures, character or characters, which shall resemble the whole or any part of any notes or bills commonly called bank notes and bank post bills, or shall contain such word, number, figure, or character in white on black, sable, or dark ground (without lawful excuse, the proof whereof shall lie upon the person accused), every person so offending in any of the cases aforesaid, and being convicted thereof according to law, shall be adjudged a felon, and shall be transported for a term of fourteen years." It is unnecessary to say the party assured the magistrates that he had no wish to subject himself to so serious a proceeding by continuing the sale of the fictitious notes, and that he had erred in entire ignorance of the law bearing on the case. Our object in alluding to the matter at all, is to direct the attention of the trade to the serious penalties which attach to the purchase or sale of articles of this description, which are exhibited in many respectable shops in the town and neighbourhood, but which practice will, we are sure, after this notice, be discontinued.-Birming. ham Journal.

THE LAWYER.

Summary.

THE County Courts, and speculations as to
their effects upon the business of the Profes-
sion, and especially how they will practically
affect the agency offices in London, are the
present most prominent topics of talk among
the lawyers. Otherwise the season is remark-
ably barren of legal incidents. The Index of
to-day completes that to the last volume, so
that our pages will be relieved for the reports
of next week.

Several correspondents are assured that there is no truth
whatever in the assertion that one Mr Smith, a stationer
in Long-acre, has exclusive authority to supply the books
and forms; and his placing the word "Copyright" at
the foot of his forms is a daring attempt to maintain the
imposition. We repeat that no authority has been given
to Mr. Smith, or to anybody else, to supply the books or
forms, and that no copyright exists in them,-they are
public property. It is to be regretted that so many of the
clerks were taken in by so discreditable, and, we should
have supposed, so palpable a "trick of trade," and have
been induced by such a falsehood to leave the regular
publishers of Law Forms, whose business it is, on the
statement of an unknown stranger. But we learn from
the complaints of correspondents, who regret that they
should so hastily have giren credence to a profession so
unblushingly made, that the trick was more successful
than, from the proverbial acuteness of the Profession,
could have been expected.

The following, for the use of Practitioners in the County Courts, are
published at the LAW TIMES Office.
I. 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. Minute-
Book, 35s.; No. 3. Execution-Book, 2Ss.; 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.

Where the demand is for less than 57. the summons is the only notice to the defendant of the cause of action. But where it exceeds that sum, particulars are to be annexed and served with the summons. This would seem to imply the necessity for a more elaborate statement than is required in the summons; or else the particulars are useless. Upon this point there appear to have been, as yet, no decisions. But we presume that the judges will require such an explicit statement of the cause of action as may enable a defendant to come prepared with his defence, understanding clearly what is the precise demand he is to meet. Here, therefore, instead of the general statement in the summons of an action, "for assaulting the plaintiff," &c. the particulars should state also time and place; so in debt, a complete bill of the items; so in an agreement, the date, parties, and purport of it; so in trover, a list of the goods converted; so in trespass, the description (not technical but popular) of the close trespassed upon-and so forth.

A difficult question that must come on for a very early decision, is the construction to be put upon the 91st section, regulating the costs. It runs this :

"And no person, not being an attorney admitted to one of her Majesty's superior courts of record, shall be entitled to have or recover any sum of mo

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 thirty-ney for appearing or acting on behalf of any other

four 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 At-
torneys, issued at the close of each Term, in Parts, price 5s.; in
Numbers, stamped to pass free by post, 1s. 6d. each.

V.

The LAW DIGEST, a general half-yearly Index to all the Cases
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, 1s. 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 SEPARATE SYSTEM.-At the Dorset Quarter Sessions (on Tuesday the 6th inst.) the Marquis of Westminster again introduced to the Court his opinions upon the subject of prison discipline and separate confinement. The topic had occupied the attention of the Court upon three former occasions, and has as many times been noticed in our columns. On this occasion the noble marquis observed, that the subject still weighed upon his mind, and the more strongly because he felt, when committing a prisoner to the gaol of Dorchester he was committing an irreparable injury. He had a perfect recollection of one case of this kind, where the man left the gaol much worse than when he was sent there, and his recommitment became necessary. The question was whether or no the separate system was the only means that had been found effectual in reforming offenders, and he submitted that it was. In proof of this the noble marquis adduced the report of the chaplain of the Preston House of Correction, the opinion of the Governor of the Glasgow House of Correction, the experience of the Model Prison at Pentonville, attested, as it was, by Lord Chichester, the Speaker of the House of Commons, Sir B. Brodie, Major Jebb, and others; the sentiments expressed at a meeting at Frankfort last year of benevolent and distinguished men from England, France, Russia, Germany, Switzerland, Italy, Spain, Belgium, Sweden, Holland, America, and other nations; and at which THROUGH the kindness of our correspondents, we meeting a unanimous resolution in favour of separate and solitary confinement was agreed to; the reports are enabled to present our readers with the proof the inspectors of the Western Penitentiary, at ceedings of various Courts; and we have done so at Pennsylvania, the testimony of Judge Parsons when more length than we can give space to them herecharging a grand jury in Philadelphia, and the after, in consequence of the great interest that atopinions of Lord John Russell in 1837, and of Sir taches to the first steps of the different judges and G. Grey during bis present term of office; all which officers, and the anxiety felt by those of each Court were expressive of the good effect, under proper to learn what the others are doing or propose to do management, of the system for which he contended. for the guidance of their own proceedings. It will be This system had already been carried out in twentyeight prisons, with three of which he was connected, observed that all the judges, whose addresses at the and he wished to add Dorset to the number. He opening of their Courts we have reported, concur knew that in rural districts there was a great objection to laying out money, but he wished them to look

THE PRACTICE of the COUNTY COURTS; a Treatise. By Edward
W. Cox, Esq. Barrister-at-Law. Intended as a Manual for Practical
N.B. Members of the Verulam Society are entitled to the reduction
of Twenty per Cent.

Use.

COUNTY COURTS.

in the very important announcement that they will
hear none but Attorneys or Barristers appearing

person in the said court; and no attorney shall be entitled to have or recover, therefore, &c. &c. &c. more than 15s. in any case within the summary jurisdiction given by this Act."

Two questions arise on this; first, does this mean only that no more than 15s. is to be allowed on taxation between party and party; or is it to be construed as prohibiting an attorney from charging his client more than 15s. for business relating to the cause? And, secondly, is the limitation to 15s. to be read according to the strict words of the Act, as being the fee to be allowed for appearing or acting in the court, and not as extending to work done before action brought, and so forth? out of the courts, as collecting evidence, advising

As to the first question, we were at first inclined to read it as limiting the costs between party and party; but on further consideration, and looking to the object of the Act, we think that it must be construed as fixing the fee as between attorney and client. But the importance of this mainly depends upon the construction that may be put upon it.

The second question.-And here, although we fear the intent of the legislature is not doubtful, the Act is so worded, interfering as it would with natural justice that proportions pay to work, that we suspect the Courts both below and above will give

"

to the Act its strict literal construction, and say
that the 15s. fee is limited to "appearing or acting
"in the said court;" that is to say, that it is the
advocate's, and not the attorney's, fee, and that
the attorney may recover for work done out of
court, as if this Act had not passed.

And if the more unfavourable construction should be affirmed, numberless questions must arise as to what is business done in relation to an action for which the attorney may not charge. For instance, his client consults him on a demand he has against another, say for 301. or 407. He looks into the evidence, perhaps incurs expenses of journeys, &c. and, upon investigation, advises his client that inasmuch as some items are difficult of proof, it would be more prudent for him to reduce his demand, and bring his action in the County Court. Is the attorney to be entitled to no more than 15s. for all his labour and cost, because it was incurred about a matter tried in the court? There is scarcely a case in which difficulties like this would not arise, were the words "appearing or acting in the courts to be read as meaning "business done in relation to any action brought in the courts."

In respect of other matters, we are requested to make two or three notifications.

Foster referred to the title of the summonses which
were headed "The County Court of Hertfordshire,
at Hertford," to shew that the Court consisted of the
whole county of Hertfordshire and the parts adjacent,
so far as they were included in the district of the
same judge.
The Judge said that the point had been brought
before him with reference to the constitution of the
Court, and he had come to the conclusion that the
Court was confined to the district of Hertford; and
that Mr. Hutchinson being the clerk of the Court for
Barnett, was entitled to appear.
his own behalf, under the 83rd section.
Hutchinson called the plaintiff to give evidence on

The Court decided that he could not be heard on
his own behalf, but that the meaning of the section
was, that either party might be examined by his op-
ponent.

BAINES v. TAYLOR.
Evidence-Examination of wife of the parties.
the wife of the defendant in evidence.
Hutchinson, for the defendant, proposed to produce

Foster, for the plaintiff, objected, on the ground of
the previous decision in Cheek v. Park, which would
apply equally to the wives of parties as to the parties
themselves.

The evidence was rejected by the Court.

WESTMINSTER COUNTY COURT.
(Before D. C. MOYLAN, Esq. Judge.)
EVERETT V. JARVIS.

The Third Edition of Mr. PATERSON'S County Courts Act will, it is hoped, be ready on Thursday. It will contain many useful additions, suggested by county clerks and practitioners, such as a copious A GENTLEMAN COMMITTED TO THE HOUSE OF collection of Precedents of Statements of Forms of CORRECTION FOR TEN DAYS.-In this case the deAction, and of Particulars of Demand; Precedents fendant, Mr. Francis Blackhall Jarvis, a gentleman of Forms not provided by the Rules of Practice; residing at the Palace-chambers, St. James's-street, the Forms of Opening, Adjourning, and Closing the was formally summoned to this court for a debt of Courts; many new Notes on the Act itself; a greatly 31. 17s. 9d. due to the plaintiff; and not appearing, enlarged Index; the Rules of Practice incorporated; judgment was given, and an order made upon him for and, lastly, a List of the Courts, with the Districts Payment of the debt and costs, amounting together to and Court Towns in each, the Names of Judge, the sum of 41. 6s. 9d. This order the defendant took no notice of, and under the new Act the plaintiff took Treasurer, Clerks, and Bailiffs, and the Addresses out a fresh summons against him, which came on for of the Clerks' Offices—at least, so far as they can hearing on Tuesday. The defendant, although perbe ascertained, and to procure them a circular has sonally served with this fresh process, did not attend, been addressed to the clerk of each Court; and may and the plaintiff applied to the Court for his commitwe add here a request to those who may not have ment under the 98th section. -The learned judge said received or answered this circular, that they will that, as this was the first application for a commitsend us, by the next post, the above particulars of ment under the new Act on an unsatisfied judgment, their circuits, as it is important to all of them that it would not be out of place to read the 98th section, the list should be complete. so that defendants might know the power invested in the judge. The learned gentleman then read the section, which, after giving power to plaintiffs to take proceedings against defendants on unsatisfied judgments, goes on to state that the judge shall have power to examine the defendant upon oath, as to his means and expectations at the time he contracted the debt; and that if the party so summoned shall not attend, or shall not give sufficient excuse, or refuse to be sworn before the judge, or in the opinion of the judge has obtained credit under false pretences, or has wilfully contracted such debt with intent to defraud, the judge shall have the power to commit such person to the cominon gaol, or house of correction, for any period not exceeding forty days. By the 38th rule, as laid down by the judges, it was required that every summons for the attendance of a party on an unsatisfied judgment, must be served at least three clear days before the party was required to attend; and before the order was granted he must know from the officer when the defendant was served. The officer said he served the defendant personally on the 31st of March, and told him not to fail in his attendance. The learned judge: Then there must be an order for his commitment to prison as a matter of course. He stands committed for ten days: but under the 90th section he can release himself before that term expires, if he pays the debt and costs. This imprisonment will not release him from the pay

To the thirty-two forms prescribed by the Rules of Practice, and all of which are now ready to be supplied in any quantity, there have been added the two forms which, in the Rules, are directed to be drawn according to another precedent, but which are not given, and a Form for Particulars of Demand.

The first part of Bittleston and Wise's New Practice Cases, containing those of Hilary Term, is now published, and will be continued at the close of each Term, comprising careful reports of all the cases necessary for practitioners in the County Courts.

And the third part of the LAW DIGEST, commencing Vol. II. is also ready. It contains every case reported, and every statute enacted, on every subject during the half-year, alphabetically arranged, so that the practitioner can find in a moment the latest law on any question on which he is engaged.

Some interesting points that have arisen in the Hertford County Court appear below. They are reported just as we should desire-briefly, and limited to the very point raised and decided. This is precisely the sort of reports we request of our readers practising in these courts-equally briefequally clear. Let that be their model.

Hertford, April 13.

(Before J. H. KOE, Esq. Judge.)
BEDELL V. FLETCHER.
Excessive demand.

The plaintiff having demanded by the summons a larger amount than he was able to prove, the Court gave judgment for the amount proved, but without costs.

CHEEK V. PARK.

of the Court. With regard to the persons who may
would call your attention to
be heard in this court,
the 91st section, which enacts that no person shall be
entitled to appear for any other party to any proceed.
ing unless he be an attorney or a barrister-at-law;
or, by leave of the judge, any other person may be
allowed to appear instead of such party. Now I shall
be glad at all times to see barristers and attorneys
in cases of importance; very probably, many of the
cases heard here will be too trifling to be worthy of
their attention, although undoubtedly, many may arise
of a more important nature, and in which I shall be
glad to have the benefit of their assistance. With re-
spect to allowing other persons to appear in this court,
that is a matter left to the discretion of the judge, and
I shall be guided by circumstances in acting upon the
option the Act gives me.
As to the arguing of ques-
tions in the court-that, too, is a matter left to my
discretion, and one upon which I shall be guided by
circumstances. The Act is exceedingly plain upon this
point. It says that no barrister, attorney, or other
person, except by leave of the judge, shall be entitled to
be heard to argue any question as counsel for any
other person in any court holden under this Act. The
discretion here left to the judge, I think, it will be
well to act upon as circumstances might dictate. I
beg, however, that it may be distinctly understood,
that I shall not allow any person to act as an advo-
cate for another in this court who is not either a
barrister-at-law or an attorney. Then as to the
order of taking business. In this court which has a
very extending jurisdiction,-a jurisdiction extending
to matters of tort as well as of contract, it will, I
think, be found expedient to decide upon some fixed
order for taking business, so that the time of parties
attending here may not be unnecessarily wasted. I
have resolved, therefore, upon a plan which I think
will probably prove convenient to parties having busi-
It seems to me that it will be
ness in the court.

a good rule (subject to any alterations which may be
suggested hereafter) that all jury cases should be
taken last. The suitors here who will appear by
themselves and by others, without calling in the ser-
vice of jurors, will be by far the more numerous class,
and I think they have a fair claim to be heard the
first. All jury cases then-whether in reference to
questions of tort or of contract-will be taken last.
As to the cases which are not jury cases, I think it
will be a proper mode to take those which are mat-
ters of contract first, and when they are concluded,
to proceed to the hearing of those of tort. By these
means I hope we shall be able so to arrange the busi-
ness of this court, that parties having to attend here
may have a pretty good idea of the time when their
cases will be heard, and may not be subjected to the
inconvenience of attending here from morning to
night, from ignorance of the time when their case will
come on for hearing. Let it be remembered, then,
that I shall first take cases of contract, then of tort,
With respect to ac-
and last of all, the jury cases.
tions of replevin and recovery of tenements, I make no
rule. Probably I shall find in the course of practice
some period at which we can conveniently fix their
hearing. At present it must be left a matter of future
arrangement. Perhaps it may be as well for me to call
attention to the 129th section, as to the actions which
may be brought in any of the superior courts other than
those specified in the 128th section, but which might
have been brought in this. This clause enacts "That if
any action shall be commenced after the passing of this
Act in any of her Majesty's superior courts of record,
for any cause other than those lastly herein before spe-
cified, for which a plaint might have been entered in
any court holden under this Act, and a verdict shall
be found for the plaintiff for a sum less than twenty
pounds, the said plaintiff shall have judgment to re-
cover such sum only, and no costs; and, if a verdict
shall not be found for the plaintiff, the defendant
shall be entitled to his costs as between attorney and
client, unless in either case the judge who shall try
the cause shall certify on the back of the record that
the action was fit to be brought in such superior
court." I mention this in order that parties not
fully acquainted with the Act may know exactly the
position in which they stand. It is only necessary
for me now to call your attention to the altered posi-
tion with respect to suing in this court, and the
powers of imprisonment. By the Act of Parliament,
parties may now be imprisoned on the first hearing
of a case without having to be summoned on the
judgment. And I would have it known that parties
failing to attend may have their cases inquired into,
and also without their attendance, if the Court think
On entering the court and taking his seat on the proper, may be imprisoned for the term of forty
days. On their liberation the debt is not by means
the Court under the Act 9 & 10 Vict. c. 95, for the of their imprisonment extinguished, but they will still
despatch of business, I think it will, perhaps, be use- be liable in the same sum, and may again be im-
ful if I make a few remarks as to the practice and the prisoned for forty days, and so on time after time
order of taking business in this court. There are until the debt is paid. This is a power which I trust
some rules I mean to adopt here, subject of course to will not have frequently to be exercised here, but I
any alteration which I may hereafter deem it expe- think it is well that its existence should be known.
dient to make in them; and, although I do not say II do not know that I need offer any further observa-
will be irrevocably bound by these rules, yet so far as tions.-Mr. Phillips just reminds me that in cases
I can see at present, I think their adoption may be where payments are to be made by instalments, the
very beneficial. All motions, applications, complaints, twenty-third rule of practice directs that those in-
or inquiries I shall be ready to hear at the first sitting stalments shall be payable at such periods as the

ment of the debt.

OPENING OF THE COUNTY COURT
AT HULL.

The new Court for the Recovery of Debts under
201. was opened in the Town-Hall on Wednesday
week before Wm. Raines, esq. Judge of the Hull
Circuit, who, upon taking his seat, required the High
Bailiffs, John Hastings and Richard Grove, to be
sworn to give true evidence in all cases which should
come before the Court as to the service of any pro-

cesses.

Practice-County clerks-Jurisdiction of Courts- bench, the Judge said:-As this is the first sitting of
Examination of parties.

Hutchinson appeared for the plaintiff. Foster objected to his being heard, on the ground that he was a clerk of the County Court of Hertfordshire, of which the Court at Hertford was a district, and that he was precluded by the 29th and 30th sections of 9 & 10 Vict. c. 95, from being engaged, either directly or indirectly, in any proceeding of the Court. The judge stated that he considered the Court at Hertford to be a distinct court.

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R. Rogers

The first Court for business will be held at Liskeard, on Tuesday, the 4th of May

LYNN. On Saturday last J. D. Burnaby, esq. the judge of the Fen Circuit No. 34, held a court at the Guildhall in Lynn, for the purpose of appointing officers, when Mr. Thos. Valentine Wright was appointed high bailiff. The judge then delivered the seals of the court to Mr. Philip Wilson the clerk, and adjourned the court to Saturday the 8th of May next, at nine o'clock in the forenoon.

DORSET.-Mr. Everett, the judge of District 56, attended to open his court for the Wareham and Purleck District (included in the above district) on the 6th instant, when the seal of the Court was delivered to Mr. Freeland Fillite, of Wareham, Solicitor, the clerk, and Mr. George Best was appointed high bailiff. The judge, after instructing the officers relative to their duties, and fixing the 10th of May as the first day of sitting for trial of causes, requested the clerk to inform all parties that it was his determination to allow no one except a duly admitted attorney of her Majesty's superior courts to appear as advocate on behalf of plaintiff or defendant, observing that he considered it absolutely necessary to inforce this rule, in order to preserve decorum, respectability, and regularity in the proceedings of his courts, and that he would not even allow an attorney's clerk to appear for a party.-From a Correspondent. LIVERPOOL.-The Court for the Recovery of Small Debts opened yesterday at Liverpool, before Mr. Judge Lowndes. It was expected that the learned judge would, in opening, deliver an address explanatory of the practice to be adopted, and several parties were in attendance for the purpose of hearing it. They were disappointed, however. Immediately on the judge taking his seat, number one was called, and the cases were proceeded with. In the course of the day, no less than 105 were disposed of.

DEVON.-John Tyrrell, esq. the judge of the East and North Devon Circuit, No. 58, has opened a Court in each of the towns in his circuit, and appointed a bailiff in each court town. He has fixed to hold his Courts as follows:Crediton-Monday, May 3, and on every first Monday in each succeeding month. Torrington-Tuesday, May 4, and on every succeeding Tuesday after the first Monday in each month. Bideford-Wednesday, May 5, and on every succeeding Wednesday after the first Monday in each month. Barnstaple Thursday, May 6, and on every succeeding Thursday after the first Monday in each month. Southmolton-Friday, May 7, and on every succeeding Friday after the first Monday in each month. Tiverton-Monday, May 10, and on every second Monday in each succeeding month.

Axminster-Wednesday, May 12, and on every succeeding Wednesday next after the second Monday in each month. Honiton-Thursday, May 13, and subsequently on the Thursday next after the second Monday in every succeeding month. Exeter-Friday, May 14. and subsequently on the Friday next after the second Monday in every succeeding month.

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.] The Right Hon. Sir T. Wilde, knt. Lord Chief Justice of her Majesty's Court of Common Pleas, has appointed Richard Pidcock, of Woolwich, gent. to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women, under the Act passed for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance, in and for the county of Kent.

The Lord Chancellor has appointed Richard Boughey Monk Lingard, of Maidstone and Folkestone, Kent, gent. and James Trevor, of Bridgewater, gent, to be Masters Extraordinary in the High Court of Chancery.

COMMISSION SIGNED BY THE LORD-LIEUTENANT OF THE NORTH RIDING OF THE COUNTY OF YORK.-Edward Stillingfleet Cayley, jun. esq. to be Deputy-Lieutenant.

Rawlins v. Moss

Pearce v. Pearce
Dunston v. Paterson
Dobson v. Lyall
Robinson v. Wall
Butlin v. Masters
Westwood v. Slater, 4
Dunning v. Hards, 2
Smith v. Barneby, 2
Scawin v. Watson
Hodgkinson v. Barrow, 2

Before the VICE-CHANCELLOR OF ENGLAND. Pleas, Demurrers, Causes, and Further Directions. Garland v. Tanner

Walsh v. Trevanion
Jackson v. Ward
Parker v. Day, 2
Stert v. Cooke

Hickson v. Smith
Mapp v. Ellcock, 2
Garratt v. Lancefield, 2
Amey v. Walker, 2
Ewart v. Phillips
Woodfall v. Bagster
Gervis v. Gervis

Thompson v. Day
Muston v. Bradshaw
Attorney-General v. Wilson
Rawlins v. Berkett
Lewes v. Lewes
Harris v. Green
Ward v. Gardiner
Whitehall v. Sanders, 2
Sewell v. Murray, 4
Grundry v. Newbold
Brandon v. Brandon, 9
Johnstone v. Ure
Thynne v. Tooke
Attorney-General v. Wright
Trafford v. Brooke
Fanson v. Vaughan

Smith v. Bury and Ipswich
Railway Company
Bayden v. Watson
Clare v. Clare, 2
Goodbody v. Shuter

Harrison v. Andrews

Purnall v. Morgan

Fussell v. Hooper
Rainbow v. Lamb

Cooke v. Cholmondeley, 2
Sutton v. Clifford
Hackett v. Clifton
Clarke v. Melville, 2
Governors of Christ's Hospi-
tal v. Grainger
Long v. Bunny, 2
Perkins v. Ede
Webb v. Webb
Byrn v. Hay
Herring v. Hay
Adams v. Dunn
Quash v. Roskrage, 2
Cuming v. Bishop
Bouverie v. Bouverie
Hiles v. Moore
Bate v. Bate
Carpenter v. Bott
Peed v. Gee
Munday v. Mills
Heyne v. Tyler, 2
Duke of Beaufort v. Morris

Coffin v. Brind

Flower v. Gould Edwards v. Priestly Steward v. Forbes Iveson v. James Tinslay v. Genese Bourne v. Dufaur Harmer v. Bartelott Edmonds v. Goater

Moneypenny. Moneypenny Harris v. Thomas, 2
Ware v. Rowland, 2
Wastell v. Leslie, 8

Atkinson v. Glover Smith v. Smith, 3

Bannister v. Ellis

Jarvis v. Bullas Sala v. Macrone

Before the VICE-CHANCELLOR KNIGHT BRUCE. Sibson v. Edgeworth Johnson v. Kershaw Mortimer v. Hartley Feltham v. Clark Austin v. Dutton Clare v. Clare, 2 Monro v. Lucas, 4 Evans v. Crosbie Bousfield v. Mould, 2 Milne v. Macgawran Whitfield v. Lequentre, 3 Fenton v. Nalder Reeve v. Goodwin Robley v. Ridings Melford v. Rideout Teed v. Carruthers, 5 Taylor v. Thomas Arrow v. Mellersh

Kortwright v. M'Queen, 2
Blagrave v. Blagrave, 3
Hester v. Russell, 2
Climenson v. Hardy
Coombs v. Brooks

Ihler v. Davies
Plunkett v. Coningham
Thackwell v. Collins
Adams v. Abbott
Hurkisson v. Bridge
Glenn v. Whowell

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April, at half-past nine in the forenoon, at the Hall of the Incorporated Law Society, in Chancery-lane, to take the examination.

The articles of clerkship and assignment, if any, with answers to the questions as to due service, according to the regulations approved by the judges, must be left on or before Thursday, the 22nd of April, at the Law Society's office.

Where the articles have not expired, but will expire during the Term, the candidates may be examined conditionally, but the articles must be left within the first seven days of Term, and answers up to that time.

A paper of questions will be delivered to each candidate, containing questions to be answered in writing, classed under the several heads of-1. Preliminary. 2. Common and Statute Law, and Practice of the Courts. 3. Conveyancing. 4. Equity and Practice of the Courts. 5. Bankruptcy and Practice of the Courts. 6. Criminal Law, and Proceedings before Justices of the Peace.

Each candidate is required to answer all the Preliminary Questions (No. 1.); and it is expected that he should answer in three or more of the other heads of inquiry,-Common Law and Equity being two

thereof.

ATTORNEYS TO BE ADMITTED.
EASTER TERM, 1847.

Andrew, Frederick, Chorlton-upon-Medlock-articled to E.
C. Milne, Manchester

Andrew, Robert, Doncaster-E. Sheardown, Doncaster Ashley, William Edward, 8, Elizabeth-street, Brompton, and Brompton-terrace-J. W. Lee, Newark-upon-Trent Attenborough, Winfield, 68, Oxford-street-G. Burnham, Wellingborough

Allaway, James, Reading-J. J. Blandy, Reading

Bussell, Edward Ruben, 24, Gerrard-street, Islington; Winckworth-buildings; and Gloucester-F. B. Hoare,

Gloucester

Boyer, Richard, 71, Basinghall-street, and Newgate-street -J. Gauntlett, Furnival's Inn; J. E. Clowes, King's Bench Walk

Bentley, George Wheeler, 32, Golden-square, and Worcester -J. B. Hyde, Worcester

Blundell, John, 16 B, Old Cavendish-street; and Crosby Hall, near Liverpool-Messrs. Eden and Stanistreet, Liverpool

Bateman, Richard, 10, Bedford-street; Knowle; Newlandstreet; and Myddleton-square-A. J. Knapp, Bristol Brown, George, 21, Finsbury-place, and Shoreditch-H. Ashley, Shoreditch

Bellingham, Charles Eudo, 6, South-square, and Saffron Walden-H. Whitmarsh, Battle

Blake, Richard Henry, Featherstone-buildings-J. Payne, Milverton; G. Faulkner, Bedford-row

Barras, Henry, 2, Grenville-street, and Farn Acres-R. Walters, Newcastle-upon-Tyne

Brackenridge, Fran. Jerdone, Bush-hill, Edmonton-W. Brackenridge, Bartlett's-buildings

Broughton, Robert, 21, York-place, City Road-F. Broughton, Falcon-square; J. Crick, Maldon; F. Broughton, Falcon-square

Boyle, Charles, 43, Gillingham-street, Pimlico; Edgbaston; and Lower Belgrave-place-J. Chaplin, Birmingham Badger, Walter Samuel, 3, Essex-court, Temple, and Rotherham-T. Badger, Rotherham

Bristow, Ebenezer John, 106, Great Russell-street; Exeter; and Charlotte-street-J. Stogdon, Exeter

Cleave, William Cornish, Crediton, and Stanhope-streetMessrs. Smith, Crediton

Cockram, George Woodbury, Tiverton-J. Loosemore, Tiverton'; T. L. T. Rendell, Tiverton

Cutler, John Walford, Birmingham, and Calthorpe-streetT. Slaney, Birmingham

Clough, Benjamin Morley, Bawtry -F. H. Cartwright, Bawtry

Coates, Wallington, Stanton Court, near Bristol; and Featherstone-buildings-P. E. Coates, Stanton Court, near

Bristol

Campbell, James, 45, Lower Stamford-street, and Plymouth
-J. E. Elworthy, Davenport; N. Were, Plymouth
Cutts, John, jun. 61, George-street, Euston-square, and
Chesterfield-J. Cutts, sen. Chesterfield
Cooper, John, Eliot-place, Blackheath-S. Cooper, Henley-
upon-Thames

Indigent Blind School v. Bird Colt, George Nathaniel, 33, Southampton-row, Russell-sq.;

Heming v. Archer, 5 Kendall v. Davies Ricketts v. Bell Lester v. Archdale Onions v. Blakemore Pettigrove v. Rogers

Before VICE-CHANCELLOR WIGRAM.
Maxwell v. Kibblewhite Harding v. Harding
Wilkin v. Gardner
Delves v. Rogers
Moss v. Leigh, 3
Phillipson v. Gatty
Chapman v. Plumbly, 2
Meir v. Meir
Knight v. Knight
Sangster v. Crooks
Girdlestone v. Richards, 4

Tolson v. Dykes, 3
Attorney-General v. Florance
Menzies v. Desanges
Williams v. Teale, 3
Thompson v. Maddy
Dowle ". Lucy
Hicks v. Graham
Parlebean v. Wickham
Attorney-General v. Ward
Monypenny v. Dering
Tennant v. Tennant, 2
Waddilove v. Taylor, 2

Weston v. Fiber, 5
Day v. Wells
Erle v. Dyson, 2
Shipton v. Rawlins

Southcomb v. Bishop of Exeter
Williams v. Teale
Baker v. Baker
Nicholson v. Field
Snowlton v. Brooks
Moor v. Vardon, 2

EASTER TERM EXAMINATION. The examiners of persons applying to be admitted attorneys, have appointed Tuesday, the 27th

Cheltenham; Liverpool; and Chester-place-R. Winterbotham, Cheltenham; T. E. Parson, Lincoln's-innfields

Duncan, William H. Egelstone, Kennington-F. Ouvry, Tokenhouse-yard

Dennis, Thomas John, Maze Pond, Southwark, and Barn. staple-T. H. Law, Barnstaple

Dashwood, Thomas, jun. 24, Upper Eaton-street, and Sturminster Newton-T. Dashwood, sen. Sturminster Newton; W. Dean, Guildford-street

Drake, Thomas Edward, jun. Myddelton-square, and Exeter -T. E. Drake, Exeter

Darnton, Henry Thomas, Ashton-under-Lyne-A. Higgin bottom, Ashton-under-Lyne; J. Higginbottom, Ashtonunder-Lyne

Dodd, Edward, 63, Charrington-street, Somers-Town T. Morris, Warwick

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J. Fenwick, Newcastle-upon-Tyne; H. Shield, Queen-
street, Cheapside

Gant, James Greaves Tetley, Bradford-J. A. Bushfield,
Bradford

Gammon, Charles, Hope Cottages, De Beauvoir Town-
S. Lepard, Cloak-lane

Gray, Henry Andrews, 17, Brompton-crescent - R. Gray,
New Inn

Gooding. Jonathan Robert, 33, Gower-place, Euston-square,
and Norwich-J. Winter, Norwich

Hill, Thomas Ames, 20, Liverpool-street, King's-cross-
H. A. S. Payne, Axbridge, near Wells

Hare, Evan, Putney-E. Morris, Harcourt-buildings
Hall, John Elton, 13, Salisbury-street, Strand, and Bristol-
J. W. R. Hall, Ross; G. Cook, Bristol; W. W. Smith,
Southampton-street

Hawkins, Richard Berens B. Marlborough-T. B. Merri

man, Marlborough

Rogers, Edward, 14. Brunswick-place, Barnsbury-road, and
Green-terrace T. Rogers, Helston; T. Rogers, jun.
Reading

Rawlins, Williams, 53, Lincoln's Inn-fields, and Norfolk-
street-J. Hodgson, Lincoln's Inn-fields

Read, James, jun. Mildenhall-J. Read, sen. Mildenhall.
Reynolds, Henry, Wellington-road, Stafford-E. Bower,
Birmingham

Radcliffe, Reginald, Liverpool-G. J. Duncan, Liverpool

Rowlands, John, Chester, and Alfred-place-J. F. Maddock,

Chester

Roose, Francis, 33, Upper Montague-street, Montague-
square-J. I. Burn, South-square

Slater, William, Eagle Cottage, Greenheys, Manchester,
Chorlton-upon-Medlock J. Saunders, Chorlton-upon-

Medlock

Smith, James, 37, Wharton-street, Lloyd-square-T. Grue

ber, Billiter-street

Hallward, Charles Berners, Swepstone Rectory, and 151, Al-Shafto, George Dalston, 13, Clifford's-inn -J. Burrell,
bany-street, Regent's-park-J. T. Ambrose, Mistley; E.
T. Cardale, Bedford-row

Hemmen, John, Whittlesey, and Old Kent-road-J. Peed,
Whittlesey

Hore, Edward Madge, Dulwich, and Lincoln's-inn-fields -
J. Hore, Lincoln's-inn-fields; C. F. Hore, Lincoln's-inn-
fields

Hartley, John, Bury-(Not in the notice)
Holt, Jonathan, Malmesbury; Coventry; Newgate-street;
and High Holborn-A. Tucker, Coventry, and Charles-
street, Blackfriars-road; C. F. Sheriff, Lincoln's-inn-
fields

James, John Crymes, Haverfordwest-M. R. James, Haver-
fordwest

Jones, John Henry, 4, Albert-terrace, St. John's Wood;
Duke-street; and Baker-street-C. H. Smith, Duke-street
Jarratt, William Otley, Mornington-square, and Driffield
E. D. Conyers, Great Driffield

Jones, Hugh, Carnarvon-W. L. Roberts, Carnarvon
Johnson, James Henry, 9, Ampton-street, Gray's-inn-road
W. G. Kell, Bedford-row

Jeffreys, Charles, Glandyfi Castle; Cardiganshire; Denbigh;
and Southampton-street-1. Gilbertson, Bala; S. Ed-
wardes, Denby

Jackson, Howard William M. 5 and 30, Lonsdale-square-
A. S. Greene, Brighton

Jull, George Montague, 88, Piccadilly-F. Smedley, Jer-
myn-street

Joachim, Bristow, 34, Gower-place, Euston-square; Lowe-
stoft; and Park-street-E. Norton, Lowestoft

Lamb, William Frederick, 1 Garden-place, Lincoln's-inn-
fields; and Bristol-R. Osborne, Bristol
Lewis, James Price, 25, Coventry-street, Piccadilly; and
Hertford-P. Longmore, Hertford

Lea, John Wildman Thomas, 1, Arthur-street, Gray's-inn-
road; Wribbenhall; and Areley Kings-E. R. Nicholas,
Wribbenhall

Lake, George, Mortimer-road, and De Beauvoir Town-J.
Lake, Lincoln's-inn

Lambert, Alfred, 13, Upper Stamford-street-J. Iliffe, Bed

ford-row

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Durham

Shafto, John Cuthbert, 13, Clifford's-inn-J. P. Kidson,
Sunderland; J. Kidson, Sunderland

Sandford, William Mathews, Gloucester J. Sandford,

Winchcomb; G. J. S. Tomkins, Cheltenham; E. Wash

hourn, Gloucester

Selby, Francis Thomas Spalding-A. Maples, Spalding;
W. Edwards, Spalding
Salmon, John, 25, Tavistock-place, Tavistock-square, and
Newcastle-upon-Tyne-T. Carr, Newcastle-upon-Tyne;
M. L. Jobling, Newcastle-upon-Tyne
Shaen, William, 50, Chancery-lane-W. H. Ashurst,

Cheapside

Sheppard, Francis, 9, Gordon-terrace, Holland-road, Brix-
ton-A. Goddard, King-street, Cheapside
Smith, Robert, Warwick-S. W. Haynes, Warwick
Stretton, George, 2, Great Russell-street; Nottingham;
and Everett-street-G. Freeth, Nottingham; G. Rawson,
Nottingham
Spencer, Edward George. Reygill; Carlton; York; and
Lambeth-G. Spencer, Keighley

Smith, Charles Joseph, 5, Willow-terrace, Islington; and
Guildford-J. Hockley, Guildford

Turner, Llewelyn, 21 and 11, New Ormond-street, Queen-
square, and Carnarvon-R. A. Poole, Carnarvon.

Taylor, Robert Wager, 6, New-square, Lincoln's-inn, and
Albion-terrace-J. Sandell, Bread-street; W. Strickland,
New-square.

Turner, Alfred, 3, Sydney-square, Commercial-road, Bow-
W. H. Turner, 8. Mount-place, Whitechapel-road.
Tarleton, Francis Willington, 9, Phoenix-street, Clarendon-
square, and Clarendon-square-J. W. Tarleton, Wednes-

Sheffield

bury R. H. Tarleton, Birmingham; F. W. Wilson,
Tennant, Edmund, 8. Arthur-street, Gray's-inn-road, and
Peterborough-J. Gates, Peterborough

Thurgood, George Frederick, Saffron Walden-W. Thur-
good, Saffron Walden; W. W. Oldershaw, Tokenhouse-
yard

Vaughan, James Henry, Hereford, and Kennington-lane-
J. E. Gough, Hereford

Underwood, Hugh Frederick. 8, Essex-street, Strand, and
Hereford-R. Underwood, Hereford

Wetherfield, George Manley. 5, Union-place, City Road-
J. Thrupp, Winchester-buildings
Whitfield, James Benning, Old Bond-street-J. W. Allan,
Frederick's-place, Old Jewry
Wilkinson, William, 2, Upper Charles-street, Northampton-
square, and Morpeth-G. Brumell, Morpeth
Winfred, William, 6, Elysium-row, Fulham, and Hart-

street-C. Addis, Great Queen-street

Wright, William, Settle-J. Fearenside, Burton-in-Kendal;

Moore, William George, 42, Lothbury-J. Moore, Lincoln
Marsland, George, jun. 65, Milton-street, Dorset-square;
Shrewsbury; and Margaret-street-H. Hicks, Shrews-Wright, Thomas, 26, Alfred-street, Bedford-square, and

bury

cester

Mullings, Thomas, Cirencester J. R. Mullings, Ciren-
Marsden, Joseph Daniel, 14, Furnival's-inn-G. L. Shaw,
late of Friday-street; F. J. Reed, Friday-street
Molineux, Joseph, Cordwainer's-hall, City - G. P. Hill,
Brighton

Morris, George, jun. 5, Bedford-street, Bedford-row; Shrews-
bury; and North-buildings-C. B. Teece, Shrewsbury

Nunn, John, Brecon, and New North-street-P. Vaughan,
Brecon; J. Blunt, jun. Lothbury
Owen, Thomas, 21, New Ormond-street, Queen-square; Car-
narvon; and Islington-E. G. Powell, Carnarvon
Owen, James Charles, Wrexham-J. Howard, late of Wrex-
ham; J. James, Wrexham
Poole, William Thearsby, 7, Featherstone-buildings, Hol-
boln; Carnarvon; Islington; and New Ormond-street-
R. A. Poole, Carnarvon; W. Lowe, Tanfield-court,
Temple
Prescott, George William, Stourbridge-R. Price, Stour-
bridge
Pollett, Thomas Faulkner, Manchester-C. Cooper, Man-
chester; G. Faulkner, Bedford-row

ham

Poole, William Tatchell Henry, 4, Featherstone-buildings;
Stoke-under-Hamdon; Gray's Inn-place-J. Slade, Yeo-
vil; J. Sherwood, King's Bench-walk
Percival, Arthur, 8, Arthur-street, Gray's Inn-road, and
Stamford-T. H. Jackson, Stamford
Porter, George Twynam, 21, Lincoln's Inn-fields, and Win-
chester-G. Twynam, Winchester
Pratt, John Forster, Berwick-upon-Tweed, and Arthur-
street-R. Weddell, Berwick-upon-Tweed
Pemberton, Stephen John, 18, Great Ormond-street, and
Hexham T. Johnson, late of Hexham; R. Gibson, Hex-
Payne, John, 22, Tavistock-place, Tavistock-square; Not-
tingham; and Judd-street-E. Eddison, Leeds; G. Raw-
son, Nottingham
Philby, Henry Adams, 29, Jewry-street, Aldgate; Lough-
ton; and Bishopsgate-street-H. Aston, New Broad-
Phillips, William, 23, River-street, Myddleton-square; Bir-
mingham; and Boxworth-grove-J. Partridge, Birming-
Pollard, George Octavius, 41, Dorset-street, Portman-square
-Powell and Co. New-square
Rodwell, Henry Blyth, 61, Upper Norton-street, Portland-
place, and Store-street-E. Norton, Diss; J. Day, Mar-
garet-street; F. Brown, Margaret-street
Roscoe, William, 4, Holford-street, Claremont-Square;
Nether Knutsford; Lower Calthorpe-street: Beaumaris;
and Myddleton-square-T. Roscoe, Nether Knutsford

street

ham

J. Cowburn, Settle

Newcastle-upon-Tyne-A. Donkin, Newcastle-upon-Tyne
Welstead, Frederick, 15, Cadogan-terrace, Chelsea-J. G.
Shepherd, Faversham

or any other. There were at the opening of the commission nearly 1,000 prisoners in the county, and above 300 in the city gaol, including those in each who were under previous sentences. Of the county prisoners, the great majority were committed for offences arising from the prevalent destitution, such as sheep stealing, cow stealing, larcenies of meat, corn, and clothes. Of this class large batches pleaded guilty, and others were sent for trial to the Quarter Sessions of the different districts near which they had been committed; but notwithstanding that the number of prisoners actually for trial at the Assizes was by this means much diminished, the number tried called up for sentence, the dock, which is a tolerably and convicted was so great, that when they were capacious one, was totally inadequate to contain them; and all the male prisoners were placed in and filled the large gallery of the court-house usually devoted to the public; and the female prisoners, closely packed together, filled the grand jury box, the grand jurors having been previously discharged. Out of all these criminals there was not a single capital conviction in the county, and but one in the city, that of a noncommissioned officer who in a state of intoxication shot one of his comrades, intending to shoot his sergeant major, and in his case it is thought that the extreme sentence of the law will not be carried out, as he was recommended to mercy by the jury, and has been in custody since the autumn of 1845 (in cution), during which time he has behaved in the most consequence of the illness of a witness for the proseexemplary manner.

In the other towns on the circuit the number of prisoners, though not so great, was far beyond the usual average, and it was remarked that in general there was a corresponding decrease in civil business.

In Cork County Gaol fever was most alarmingly prevalent, many prisoners were unable from it to appear and take their trial, and of those who were tried, some were a few days after unable from the same cause to appear to receive their sentences, and one, it kept constantly fumigated with chloride of lime, was said, had died in the interval. The court was which under the circumstances was a most salutary precaution.-From our Correspondent.

PROCEEDINGS OF LAW

SOCIETIES.

INCORPORATED LAW SOCIETY.
FEES TO COUNSEL.

This Society has recently had under consideration
the subject of fees and retainers to counsel; and with
a view to the settlement of an uniform practice, they
have caused the following queries to be distributed
among the Profession, requesting replies. All these
queries have, it is said, actually arisen in recent
practice, and they are not merely hypothetical:-
1. Does a general retainer apply to all courts in
which the counsel usually practises?

2. If the counsel should be offered a retainer by the opponent of the party having given such general retainer in any other court than that in which he usually practises, does the general retainer entitle the party to notice before the offered retainer is accepted?'

3. Does it last for the joint lives of the client and counsel?

ship or a firm, does it continue during the lives of the 4. When a general retainer is given for a partnersurviving partners? or in case of any change in such partnership or firm by the introduction of new or the retirement of original partners?

5. When a general retainer is given for a corporation, will any, and what act, avoid that retainer? and is any, and what, renewal required?

LEGAL INTELLIGENCE. ARREAR OF BUSINESS IN THE COURTS OF CHANCERY.-Notwithstanding the constant daily sittings of the Lord Chancellor, the Master of the Rolls, and the three Vice-Chancellors in their respective courts, it appears by the Registrar's books of causes that there is an enormous mass of business in arrear in these courts, there being no less than 455 causes standing for hearing, in addition to a large arrear of petitions and motions, as also causes standing for judgment, without any reference to the vast 6. Is the counsel bound, in case a special retainer number of causes now being carried on upon orders or brief is offered to him against the party who has of reference before the several Masters in Chancery; given a general retainer, to ascertain whether it is the following is the amount of the arrear as shewn the intention of the last-named party to give a special before each court, viz. :-The Lord Chancellor-26 in the negative, is the barrister then at liberty to acto be standing undisposed of by the Registrar's books retainer in the cause? and if an answer be returned causes standing for judgment, 74 causes for rehear-cept the special retainer or brief of the other party? ing, and appeals from the Master of the Rolls, the Vice-Chancellor of England, and the Vice-Chancellors Knight Bruce and Wigram, and 18 for judgment. The Master of the Rolls-Pleas and demurrers 6, one of which, The Dean and Chapter of Ely and Gayford and Others, is ordered to stand over till an appeal in James v. Bliss is heard, and 129 causes standing for hearing, and 4 for judgment. The Vice-Chancellor of England-Smith v. Smith, demurrer for judgment: 6 pleas, demurrers, and objections for want of parties for hearing, and 126 causes for hearing and 1 for judgment. Vice-Chancellor Knight Bruce-5 causes for judgment, 3 demurrers, and 52 causes for hearing. Vice-Chancellor Wigram-3 causes standing for judgment, and 74 causes for hearing. In addition to the above there are upwards of 350 causes that have become abated by death, or want of parties, or ordered to stand over generally.

MUNSTER CIRCUIT.

Such an array of misery as presented itself at the Cork Assizes, which terminated on the 5th instant, was probably never equalled on the Munster Circuit,

mencement of an action at law or a suit in equity?
7. May a special retainer be given before the com-

8. Does a special retainer give the client a right to the services of the counsel during the whole progress of the cause in all its different stages, including interlocutory applications, appeals, writs of error, bills of exception, or rehearing?

which the case is brought before the court, is the 9. If a brief be not delivered on every occasion in special retainer considered as abandoned?

10. In case a general retainer has been given, and a brief should not be delivered to the retained counsel

in any action or suit in which the party giving the general retainer is concerned, is the general retainer entirely lost, or only superseded as to the particular cause in which a brief has not been delivered.

11. Where a general retainer is given for one person, and he is sued in an action with others, and he defends separately, is the retainer binding? and is it otherwise if he defend jointly?

12. Must a special retainer in a country cause be for a particular assize?

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19. Where counsel has advised on a case, or drawn pleadings, and a retainer is offered on the other side, must it be accepted without notice to the first client?

20. When a retainer is given by the plaintiff in a cause A. v. B. and an action is afterwards brought by B. v. A. must the counsel take the retainer of B. without notice to 4.?

21. Will a mistake in the title of the action or suit render the retainer inoperative, if it can be shewn that the cause of action is the same, and there is no other to whom the retainer could apply?

22. Does the retainer of a junior counsel in a cause cease upon his being promoted to a higher rank at the bar? and is the first client entitled to notice before the acceptance of the adverse retainer?

23. Can any more satisfactory mode of deciding disputes between the different suitors as to the right of retainer, than that which is now practised, be suggested?

24. Are the fees given for general retainers as follow?

In the Courts of Queen's Bench, Common Pleas,
Exchequer of Pleas, five guineas.

be avoided, if possible; and I believe it only requires 760.
that the attention of the judges should be directed,
through your able advocacy, to the subject for them
to remedy the evil, which, now that the arrears of
new trials have been cleared up to Easter Term last,
may be arranged without much difficulty.

It is worthy of remark, that although the judges
last Hilary Term to hear cases in the New Trial,
advertised in the Gazette that they would sit after
Crown, and Special Papers, only one case (that of
Andrews v. Lord Lyndhurst) was taken from the
Special Paper; also, that the Special Paper, at the
commencement of this Term, exhibits a considerable
increase of causes, set down for hearing, to what it
did at the commencement of Hilary Term.
I am, Sir, yours, &c.

London, April 15, 1847.

AN ATTORNEY.

SELECTIONS FROM CORRESPONDENCE. The following query on a point of practice is submitted to the experienced of our readers :

A. B. residing at C. in the county of D. is appointed under the 3 & 4 Wm. 4, c. 74, s. 81, a Perpetual Commissioner for taking the Acknowledgments of Deeds to be executed by Married Women under that Act, in and for the county of D.

A. B. afterwards leaves C. and is now residing at E. in the county of G.; his appointment has not been cancelled, nor has he received a fresh one.

Can A. B. under the 82nd section of the Act, take, in the said county of G. the acknowledgment of any married woman residing in the said county of G. in respect of lands situate in the said county of G.?

A PERPETUAL COMMISSIONER.

Chancery and Bankruptcy Appeals, five guineas. offending party, and deter him from similar malWe trust the following may meet the eye of the

Bankruptcy, five guineas.

Parliament, ten guineas.

Privy Council, ten guineas.

25. Are the fees given for special retainers as follow?

At Common Law and in Equity, one guinea.
In Parliament, on Bills and Election Committees,
five guineas.

On Appeals to the House of Lords, two guineas. In the Privy Council, two guineas. 26. Have you met with any cases with reference to the retainers of counsel which have been productive of injury to clients, or inconvenience in transacting business? And if so, you are requested to state the same, and suggest such alterations in the practice as appear to you expedient, in respect as well to those cases as in the general law and practice of retainers.

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"An Attorney addresses to us, and through us to the judges, the following very just complaint of the slow progress of the "Special Paper." But who will be surprised that the judges should dread an argument on a demurrer ? Let them extinguish the obnoxious "Paper," by making the judgment on demurrer an amendment only, and not final, and they will clear the paper in a Term. Common sense requires this reform.

practices in future :

I am a pretty general reader of your paper and have observed that your endeavours are very laudably directed to the keeping up the respectability of our much abused Profession.

With this view, allow me to request that you will devote a word of censure to such conduct as the following:

Yesterday a client of mine called to pay for a lease I had prepared for him, and informed me that a neighbouring attorney had offered to do the work for a less price than mine. The lease was a short one, and at an almost nominal rent, and my charge was only

31.

You will be surprised to hear this professional brother offered to make it "for 27. and even less, if that would not suit;" that is to say, for a few shillings beyond the stamps! I need say no more, except that the party I allude to is a correspondent of yours, and on one occasion a censor of professional morals! I do not now mention (even privately to you) his name; but if a similar occurrence reaches my ear, I shall not think it needful to be so scrupulous. In order, however, that he may have no doubt on the subject, I will add, for his information, that my informant's name was "Lowe."

Heirs-at-Law, Next of Kin, &c. Wanted.

[This is part of a complete list now being extracted for the LAW TIMES from the advertisements that have appeared in the newspapers during the present century. The reference, with the date and place of each advertisement, cannot be stated here without subjecting the paragraph to duty. But the figures refer to a corresponding entry in a book kept at the LAW TIMES OFFICE, where these particulars are preserved, and which will be communicated to any applicant. To prevent impertinent curiosity, a fee of half-a-crown for each inquiry must be paid to the publisher, or if by letter, postage stamps to that amount inclosed.]

754.

755.

The activity and indefatigable industry of the judges of the Court of Queen's Bench in diminishing the arrears of business before them must be admitted by, and receive the deserved praise of, all; but allow me, through you, to direct their particular attention to the state of their Special Paper, which is composed principally of demurrers, being a species of pleading most frequently resorted to by defendants for the purpose of delay,-one of the first inquiries made by a pleader for a defendant who has no defence on the merits, but desires to obtain as much time as possible, being," Is the plaintiff's declaration demurrable?" and if not, then he endeavours to frame what is called a tricky plea, upon which it is impossible for the plaintiff to join issue, and so drives him to demur to his plea; or, if the plaintiff is fortunate enough to 756. escape on these pleadings from the trap, some question is raised on his replication, when the case is set down in the special paper for argument, where it waits its turn, frequently a period of nearly two 757. years; thus, by a demurrer, which generally consists merely of technical objections, altogether beside the merits, a defendant, without having any real defence to the action, is enabled to keep the plaintiff out of his just debt for such a lengthened period, until, perhaps, in the mean time he fails.

There are now in the Special Paper upwards of sixty cases for argument, some of which have been set down upwards of twelve months, and if only similar progress is made this Term to what was made in last Term, not a quarter of these will be heard in it; and, at the same rate, it will be upwards of twelve months before the entire list is cleared off. Surely justice requires that this inducement to defendants to harass and delay their creditors should

758.

759.

GRANDSON of Rev. Dr. ASHTON, who was formerly a Fellow of Eton College, and Incumbent of BishopsFREDERICK WILLIAM MABBOTT, son of Mr. Thomas gate Without, London." Mabbott, formerly of Covent Garden Market, and nephew of late Edward Mabbott, of Ponder's End. Something to advantage; or information of him rewarded.

NEXT OF KIN of ROBERT MITFORD, late of Upper George-street, Montagu-square, Middlesex (died at Paris 21st April, 1836), or their representatives. To come in and prove.

HEIRS AT LAW of PHILIP SMITH, the younger, formerly of Aldgate, High-street, London, butcher, (died a bachelor intestate in 1813), and ANN MARIA SMITH, afterwards the wife of JOHN SOMMERS, (died in 1823 without issue), and which said Philip Smith, the younger, and Ann Maria Smith (after wards Sommers,) were the only son and daughter, and respectively devisees in fee in remainder of Philip Smith, the elder, formerly of Aldgate, High-street, JOHN ORROCK BISHOP, son of John Bishop, late of aforesaid, butcher. Something to their advantage. Chalk Hill, Bushy, near Whatford, Herts, (died 27th of September, 1838), who went to New York, United States, in July, 1831, or his wife or children, residuary legatee under his father's will.

HEIR AT LAW of ANN BEALE, widow, died about

1782. Her maiden name was Minett, and she resided in Great Marylebone-street, Middlesex. Something to advantage.

761.

763. 762.

764.

MARRIAGE CERTIFICATE of CHARLES BUSH with MARY BRADY, which marriage was supposed to have taken place at London, between the years 1827 and 1830, or at Bristol, Birmingham or Liverpool, in 1830.

Reward.

NEXT OF KIN of EDWARD GOODE, late of Cambridge,
gentleman, who died on the 5th of February, 1815, or
their representatives.

RELATIONS or NEXT OF KIN of SUSANNA (otherwise
Surviving CHILDREN of the late Mr. LUER, apothecary.
Something to their advantage.

SUSANNA ANN) CONWAY, formerly of Devonshire street, Queen-square, afterwards of Little Queenstreet, Lincoln's-inn-Fields, and then of Great RusLEGATEES of JOHN DICKENS, of Worcester, attorneysell-street, Bloomsbury, Middlesex, widow, who died on the 31st of May, 1836.

at-law, who died in May, 1832.

765. HEIRS-AT-LAW of WILLIAM GEORGE HARRISON, late of St. Catherine, island of Jamaica, who died on the 14th of November, 1825. 766. JAMES LORD, otherwise WORD, a legatee for 1,000%. mentioned in the will of John Lord, of Calliards, Butterworth, Rochdale, who died on the 5th of September, 1828, or his personal representatives. (To be continued weeky.)

To Readers and Correspondents.

We cannot insert, or notice in any way, any communication that is sent to us anonymously; but those who choose to address us in confidence will find their confidence respected. NEITHER CAN WE UNDERTAKE TO RETURN ANY MANUSCRIPTS WHATEVER. "H. S." (Northleach).-The query referred to appeared s long since that we are unwilling to rake up an old conA correspondent inquires if any instances have occurred of troversy. attorneys, judges of old Courts, being superseded by bar risters appointed over their heads to the new ones. We have heard of none save that of our correspondent, and he desires to know if there be any and what redress for him?

"A SUBSCRIBER."-The reports of the LAW TIMES are always received by the superior Courts. Of course, when the same case is reported in what are called the regular, that is, the quasi-official reports, the latter are adopted as the standard authority; but the early notes of the LAW TIMES are continually cited and received by the judges, who consider the authority of a barrister's name as the avowed reporter sufficient.

"A YOUNG ATTORNEY" may rely upon the reporters taking a careful note of a case of so much importance as that of Humberstone v. Jones, involving the disputed question as to the stamp on a transfer of mortgage. "W." (Manchester). A full statement appeared in the LAW TIMES about twelve months since in the shape of a Parliamentary return from the Inns of Court. It will be readily found by reference to the Index. A student for the bar does not serve under articles at all. "A CLERK" (P. W.)-We have not heard what dress is intended to be worn by the county clerks. We would suggest a similar one to that worn by the town clerks in cities and boroughs having a Quarter Sessions. "B. T. S."-There has been no recent treatise on Criminal Law. The best is "Russell on Crimes,' ,,

NOTICE.

The Subscription to the current half-year (i. e. from Nos. 209 to 234) is now due, and should be forwarded in the course of the week to secure the advantage of pre-payment.

SCALE OF CHARGES FOR ADVERTISEMENTS. Under 50 Words.. ... £0 5 0

For every additional Ten Words. 0 0 6 Advertisements from the Country should be accompanied with an order upon the Agent in Town, or a Post-office order (payable at 180 Strand) for the amount. N. B. For Scale for Estate Advertisements, see JOURNAL OF PROPERTY.

THE LAW TIMES.

SATURDAY, APRIL 17, 1847.

REFORM OF THE CRIMINAL LAW. LORD BROUGHAM contemplates a great of the Criminal Law. undertaking-a Reform in the Administration

Why the proposed codification has not been adopted, nobody can tell. The first division of the code is complete, and waits only the fiat of the Legislature. It was one of the promised measures of the present session, but, so far, there have been no signs of its appearance.

A code will be a great improvement, but something more is needed. It is well that the law should be clearly defined, but it is better that the law be justly administered. Can such praise be given to the administration of the Criminal Law? All who are practically experienced in its working, will reply in the negative.

There is one defect which stands out promi

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