Morgan - Chute The Statutes, 499 Wilkinson.-The Representation of Law Libraries and Examinations, 173 Law Reports, The, 127 Law of Seditious Publication, The, 204, Law of Seduction, The, 406. LAW SOCIETIES, PROCEEDINGS OF : — Juridical Society, The, 319, 379 459 Law Union Fire and Life Insurance Liverpool Law Society, 105, 141 Shorthand Writers' Association, 276 | Notes on New Decisions, 101, 136, Marriage Laws, 389, 405, 469 MERCANTILE LAWYER: - Bills of Exchange, Draughts, or Orders Worcester and Worcestershire Law Metropolitan Boroughs' Boundary Bill, LAW STUDENTS' JOURNAL:- 434 Gentlemen who have passed their The Examinations, 44, 81, 101, 136, University Law Students, 11 Correspondence: 473 Metropolitan and Provincial Law Asso- Anderton, J., 275 Orpen, C. W. D'E.. 88 Sausse, Sir M. R., 46 Summerscales, J., 339 Oliver Cromwell's Refor.n Bill, 38 P. Metropolitan Traffic Act, The, 57, 74, Palner, Sir R., and the Church Question, 75, 92, 119 Middleses Magistrates, Meeting of, 353 N. Ions of Chancery and Law Lectures, National Bank of Liverpool, The, 494 Lawyers' Remuneration, 146 Law of Trades Unions, The, 56, 364, 384 Legal Changes, 55, 73, 109, 303, 323, 343 Legal Co operative Society, A, 185 Nature and Law of Commercial Crises New Act on the Prorogation of Parlia- New An lit of Railway Accounts Act, 80 New Income Tax Act, The, 118 New Merchant Shipping Act, The, 169 463 Palace of Justice, The, 41, 79, 93, 169, PARLIAMENT, PROCEEDINGS IN: Capital Punishment within Prisons, Civil Bill Courts (Ireland), 392 Compounding System, The, 411 MAY 30, 1868.] Record Publications Return, 393 Remedies under the Riot Act, 164 Revivor to tax Costs, 443 S. Sale of Land by Auction Act 1867, 39 Scotch Court of Session, The, 224, 250, Scotch Legal Procedure, 128 Scotch Marriage Law, 142 Seven Years' Railway Accidents, 260 Sheriffs' Fund, The, 64 Sheriffs, Liabilities of, 423 THE LAW TIMES. Special Jurymen, Grievances of, 99 276 Solicitors and General Assurance Society, Lawyers their own Clients, 9 189, 208, 230, 249, 269, 289, 309, Statute Law Revision and Codification, [INDEX.-Vii 250, 270, 289, 309, 332, 350, 370, V. Venetian Design for a Palace of Justice, Vestry Clerks and the New Reform Act, Vice-Chancellor, The New, 363 W. Wason Libel, The, 204 What is a Signature-Bennett v. Brum- Wills and Bequests, 16, 63, 88, 106, Reports of Sales SOLICITORS' JOURNAL: Notes of New Decisions Lawyers their own Clients. THE BENCH AND THE BAR: Guildhall Police Court MAGISTRATE AND PARISH LAWYER: Devon Quarter Sessions, Exeter. JOINT-STOCK COMPANIES' LAW JOURNAL:Rolls Chambers.... LAW STUDENTS' JOURNAL 103 104 All anonymous communications are invariably rejected. 1 1 NOTICE. The Sixteenth Volume of the LAW TIMES REPORTS is now complete, and may be uniformly and strongly bound at the LAW TIMES Office, price 4s. 6d. The LAW TIMES goes to press on Thursday evening, that it may be received in the remotest parts of the country on Saturday morning. Communications and Advertisements must be transmitted accordingly. None can appear that do not reach the office by Thursday afternoon's post. Subscribers and Advertisers are requested to make their Cheques and Post-office Orders payable to Mr. HORACE Cox, the latter at the Strand Office. TO CORRESPONDENTS. We are compelled to inform correspondents that we cannot undertake to return rejected contributions. THE Law and the Lawyers. MR. Justice LUSH is reported to have decided at chambers, on Thursday last, that the fifth section of the new County Court Act is in force from the passing of the Act; and that plaintiffs, therefore, cannot recover their costs in actions under 201. No appeal cases will come before the House 3 of Lords for argument during the ensuing short sittings of the House before Christmas. Their Lordships will commence the hearing of appeals about the middle of February next. The list of appeals for the forthcoming session is 8 expected to be an average one. 5 7 9 CO-OPERATION AMONG ATTORNEYS' 9 THE bankers' clerks are about to establish a co10 operative store, chiefly for protection against the exorbitant price of provisions caused by the monstrous profits of the butchers. The lawyers' 11 clerks are a body still more numerous, and 11 might maintain a still more extensive establish11ment of the same kind, with immense advantage to themselves. The bankers' clerks' store 13 is at 30, Budge-row, Cannon-street. The 13 managers would doubtless supply all information 14 that could assist the lawyers' clerks to follow their example. A company is in course of for14 mation for securing the advantages of co-operation to barristers and solicitors. 12 14 15 16 16 16 17 THE LAW OF MURDER. HAVING learned something of the weak and 18 ignorant manner in which the daily press frequently treats legal subjects, we were not very much surprised to find the Daily Telegraph on Wednesday falling foul of the definition of the crime committed by the Fenian murderers of BRETT as laid down by that consummate lawyer, Mr. Justice BLACKBURN. That definition is familiar to our readers, and is to this effect, that if several persons conspire to commit a murder they are all guilty of the crime. Contemplating this law our contemporary is horrified. Here are twenty-six men on their trial at Manchester for an attack on the police van, which resulted in the death of BRETT. Are those twenty-six men, asks the Telegraph, to be strangled for the murder of one man? Let us admit that the possibility of such a catastrophe may be a severe shock to the nervous system of our contemporary; but were the shock much more severe it would not justify the denunciation of one of the most logical and wholesome laws ever framed. The Telegraph would do wisely to ask its numerous readers to regard the state of things which would in all probability exist if this law were abrogated. A number of Fenians might combine among themselves with the intent to commit a murder. The murder is committed by a shot or a blow from one of the armed gang. Who is the murderer? How is it possible to identify the hand that fired the fatal shot or struck the fatal blow? In nine cases out of ten the only evidence upon which this identification could be based would be that of a traitorous accomplice. In such a case evidence of that nature would be received with the keenest suspicion. been rare. Happily crimes of the kind which has caused the issuing of a special commission have hitherto unless they are inspired as the Fenians are with Men do not conspire to murder a mistaken patriotism, or as the Sheffield unionists are, with a disgraceful and cruel trade jealousy. Therefore we have not often beheld a number of prisoners arraigned at one time upon the same capital charge. But now that we are called upon to face it we should all combine to countenance a law which holds every individual member of a band of intending murderers guilty of the capital crime which the band commits. If it were otherwise the crime would go unpunished, murder would hide itself under the cloak of numbers, and daily journalists would be the first to complain of the ruin of public safety. result. THE BAR AND THE COUNTY COURTS. THERE can be no doubt that the whole tendency of legal reforms for some time past is towards as complete a localisation of the administration of ciency, and we have no desire to find fault in any justice as can exist consistently with its effiway with the steps taken to accomplish that qualities most to be desired in the administration Next to its purity and efficiency the of justice are cheapness and accessibility, and the changes effected in the last Session of Parliament have a decided tendency to produce both of these. The County Courts are evidently destined to play a leading part in the administration of the law in this country, and it is important that the machinery they have at their disposal for that purpose should be in all respects adequate to the increased importance and quality of the business which has been allotted to them. Besides a jurisdiction in all personal actions where the debt, damage, or demand, does not exceed the sum of 50%, the County Court has now practically sole cognisance of actions of contract where 207. is not recovered, or of tort where 10%. is not recovered, as without a judge's certificate costs are not given in such cases if tried in the Superior Courts. It will also have to try most actions for malicious prosecution, false imprisonment, illegal distress or arrest, assault, libel, slander, seduction, and other actions of tort, and actions of ejectment, and questions of title where the value of the property in dispute is not more than 20%. a-year. In addition to all this, its equitable jurisdiction has been extended by the Act of last session to suits for specific performance, and for the delivery up, cancelling or reforming agreements for the sale, purchase, or lease of property where the value does not exceed 500l. It is said that the effect of the Act which is to come into operation on the 1st of January 1868, will be to transfer to the County Courts upwards of three-fourths of the business now transacted at the assizes, and the same thing must happen with regard to a large number of the cases tried in Westminster and London. litigants from the necessity of employing counsel, such increase would be very trifling, and an objection founded on it can scarcely be considered of weight when we consider that no prisoner at quarter sessions can give less than a guinea fee to the counsel who defends him, and the majority of briefs held by barristers in the County Courts at present have no higher fee marked on them. The whole question of costs might safely be left to be settled on taxation, as in the case of the Superior Courts, with such a reduction in the scale as might be deemed advisable. The mode in which the business of the County Courts is henceforth to be conducted is well deserving of the consideration of the Profession, and it is to be hoped that the attention of those who are competent to move in the matter will be directed to it. To the Editor of the Standard. Sir.-If you can afford me space, probably a few practical remarks on the changes effected by this new Act may interest your readers. Now how is all this new and comparatively important business to be performed? It is absurd to suppose that it can be performed in the very perfunctory manner in which the THE NEW COUNTY COURTS ACT. County Courts at present are able to get through WE purpose to submit to our readers a careful a large number of petty cases. It is obvious commentary upon this important statute when that important questions of law will arise far the time has almost arrived for its coming into more frequently than heretofore, and that juries operation; but we have learned from experience will much oftener be employed than they have that expositions of new laws published and been; and from both these causes it follows that perused long before they are required for a change must take place in the class of prac-actual practice are almost wasted labour, for titioners who conduct the business of these they are forgotten, and readers will not take the courts. The Bar must continue to conduct the trouble to refer to them. In the meanwhile we cases which none but the Bar have been per- continue to gather the various opinions of corremitted to conduct in the Superior Courts, and spondents of the press, and present them quantum the sooner this fact is recognised and provision valeant, but without thereby approving or inmade to meet it, the better. The cases which dorsing any construction or opinion soever that the County Courts will henceforth have to may be contained in them. adjudicate upon can hardly be said to be less important in their nature than the criminal cases which are now tried at quarter sessions. Yet at sessions the Bar regularly attend in most places and only members of the Bar where they attend in The general public really knows very little about sufficient numbers, are allowed by the Bench to the business of the County Courts, and mercantile conduct cases; whilst on the other hand the Bar firms having much law as a fact carefully avoid has at present no recognised status in the County those tribunals, and by the operation of the two Courts. Sect. 10 of 15 & 16 Vict. c. 54 enacts, exceptions allowing costs in the Superior Courts with respect to the County Courts, that "it shall since 1846 have nearly as many writs as before the be lawful for the party to the suit or other prooriginal County Court Act was passed. The new Act from 1st Jan. next abolishes both these excepceeding, or for an attorney in one of Her tions, and in all actions not exceeding 201. no costs Majesty's Superior Courts of Record, being an at all will be allowed without a judge's order. attorney acting generally in the action for such Should the judges use this power as sparingly as party, but not an attorney retained as an advo- at present, an immense amount of business must go cate by such first mentioned attorney, or for a to the County Courts; on the contrary, if their barrister retained by or on behalf of the party Lordships exercise the great discretion given them on either side, but without any right of exclusive by the 5th section, in allowing such costs" libepre-audience, or by leave of the judge, for any rally, I think the number of plaints say between other person allowed by the judge to appear 10% and 20%, will not be much increased; and for instead of the party, to address the court, but residing or carrying on business, or where cause of 1. Debtors must be summoned where subject to such regulations as the judge may action arcse; consequently when orders are obtained from time to time prescribe for the orderly by travellers, or goods delivered at debtors' premises, transaction of the business of the court." This creditors at a distance may be much inconvenienced. section seems to put it out of the power of 2. The court fees for summons and judgment are out County Court judges to make such a rule as now of all proportion to the disbursements in the Supeobtains at most quarter sessions, whereby barris-rior Court, so that while the fees to attorneys are ters only are allowed to conduct cases in court. Yet surely such a matter might with great propriety be left to the discretion of the County Court judges who, we are certain, are quite as competent as county magistrates to determine on the class of practitioners who should be allowed to conduct cases in their courts. If it be necessary to give them such a discretion by Act of Parliament, it is to be hoped that such an Act will not long be wanting. The attention of some of those members of the Bar who at present occupy seats in Parliament would be usefully directed to the subject, and there would two reasons. almost nothing, the expense to suitors is nearly the same as on a writ of summons. will briefly touch on its benefits, which I consider Having stated the objections to the new Act I very large. These are the increased facilities for trying actions up to 50%, commenced in the Superior Courts, in the County Courts at much reduced costs; the only drawback to the improvement being that the defendant only can apply for the order within eight days of appearance to the writ upon proof that the claim is at least partly disputed. The reason for this is clear enough, and I believe quite sound-that if debt not disputed, the judgment by default in the higher courts is the best and cheapest for both debtor and creditor. Where defendant made remanets or referred never intended small case of debt of either 201. or 501.—Yours, &c.. G. MANLEY WETHERFIELD. 54, Coleman-street, Oct. 25. JUDGMENT UPON JUDGES. WITH much surprise we read the following in the Pall Mall Gazette : With the recommencement of the Middlesex ses sions the eccentricities of British metropolita: jurisprudence are once more in full career. Sidne Chandler and Benjamin Wren are convicted d stealing some meat from a butcher's shop nes Regent-street; for this offence one of them sentenced to twelve months' and the other t eighteen months' hard labour. Jane Jones is con victed of appropriating a sovereign, the propert of some person at Colney Hatch For this she You may punished with one month's hard labour. Jame Stanton, again, gets two years' hard labour fr stealing a gun in Marylebone; while John O Har gets six months' for stealing two baskets of pear at Turnham-green. But what is all this compare Hastings's rings, who is now beginning his fiv to the sentence upon the thief who stole Lady years' penal servitude for the crime? steal a sovereign from a plebeian and only suffer t the extent of one month's hard labour; if you stea beef from a butcher, you will be in gaol for eighteer months; but if you dare to lay hands on the jewez of a marchioness, five years' penal servitude will b your inevitable fate. Clearly the "Peerage" is a volume not unknown on the British judicial bench. Had this appeared in one of the cheap democratic papers which habitually, and with a manifest purpose, assail the law, its administration and its administrators, we should not have felt surprise. nor should we have cared to notice it. But the Pall-Mall Gazette, though excessively democratic in its principles, usually addresses itself to the educated and intelligent by argument. It should have known, or, if knowing, it should have said. that the sentences passed upon prisoners by their judges cannot be fairly criticised by any reader of a report in a newspaper, nor even by a spectator in the court. The sentence in each than the character of the particular crime of case is determined by many other considerations which the prisoner may then be convicted. A judge is required to take into account much that the audience cannot know. Our law, with more regard, perhaps, for the criminal than for the public. forbids inquiry during the trial into the antecedents of the prisoner: even if charged with other crimes, no allusion is permitted to them. But, after conviction, all these considerations are elements in the measure of punishment. One man may be convicted of housebreaking and rightly sentenced to six months' imprisonment; another may be convicted of stealing five shillings, and be as rightly sentenced to penal servitude. The one may be an offender for the first time, hitherto of good character. induced by temporary want. The other may be a professional thief, convicted again and again, and immediately on release returning to his old ways or a trusted servant stealing with deliberation in pursuance of a well-devised scheme - and innumerable reasons of the like kind might be adduced to justify a difference of sentence against which persons ignorant of the facts, like the writer of the paragraph, would protest as he has done. In the case of Lady HASTINGS's rings, the thief was known to have been charged with other offences of a like kind, and believed to be one of those who prowl about be little difficulty in passing a measure to effect pleads the plaintiff can still use the law of 1856, and hotels in the garb of gentlemen for the purpose so desirable an object. The advantage of having a body of barristers practising in the County Courts, whose position and educated criticism would be a check on the occasional extravagances of the Judges, is obvious. We know well-the Judges themselves are most forward to acknowledge it-the invaluable aid which the arguments of counsel give to the Superior Judges in the determination of difficult questions of law, and if it be desirable that the legal decisions of our County Court Judges should be sound, it is of great importance that they also should have the assistance of those whose peculiar duty it is to study the laws of the country. Otherwise endless complications will result, and we shall have all sorts of law laid down by different Judges in the different courts scattered throughout the kingdom. The criticism of the Bar is confessedly the most powerful cause of judicial rectitude and efficiency in the case of our highest courts. It cannot surely be less requisite in the subordinate courts to which so much of the business of the Superior Courts has now been transferred. As for any increase in expense to have the trial of such cases in the County Court, but not in the cheap form defendants may next January. But if both parties had been placed exactly on a par as to costs it would have been a further improvement. The addition to the County Court power of ejectment. now confined to tenants holding over, must be very beneficial. Henceforth all claims to property and title not exceeding 201. annual value may be tried, subject to an appeal, in the County Courts. I must not trespass further than to add that the City County Court will be improved by a closer assimilation to the other County Courts, and that creditors in the City will be able to bring their debtors in all the ten metropolitan districts to the City. A notion is prevalent that the new Act, by preventing writs below 201, will greatly affect the business of the smaller assizes. This may be so, but I think not. We all know that no actions under 207. debt 50 have for ten years had the right of trying by have been tried at assizes, and as plaintiffs below judge's order in the County Courts and so very few have availed themselves of the privilege, why should they now? Surely the frequent and continuous remarks of reporters at the assizes of the impossibility of trying causes for lack of time, the number merited than this. In the other cases to which of plunder. No sentence was ever better the Pall-Mall Gazette alludes, doubtless equally sufficient reasons for the differences of the sentence could be given. We protest, therefore. in the name of that justice which is discredited by such commentaries, against aspersions made without knowledge of the facts. These are not times when any decent journal should, without the clearest cause for complaint, promote by its example the cause of anarchy. A contributor points out another violation of good taste, and another exhibition of an untimely judgment on the part of an equally respectable journal :-The London Review, requiring portraits to fill its gallery of "men of mark," has entered upon the reprehensible course of criticising the CHIEF JUSTICE of the Queen's Bench. Not only is detailed with careful minuteness as it would be in the whole career of Sir ALEXANDER COCKBURN an obituary notice: his Lordship's capacity as a Judge, his merits and demerits when compared with his contemporaries, his strength and his foibles, are all dilated upon with a coolness |