Illegal Associations for the Recovery of Small Debts.-Construction of County Courts Act. 243 tion. The experiment that has been tried at Stretton on Dunsmore in Warwickshire for above twenty-eight years, and similar experiments at Horn near Hamburgh, and at Mettray in France, and eleven other establishments in imitation, during the last eight years, afford a highly gratifying view of the efficacy of refor matory discipline, especially upon young offenders. “Lastly.-Upon one subject the whole of the evidence and all the opinions are quite unanimous-the good that may be hoped from education, meaning thereby a sound moral and religious training, commencing in infant schools, and followed up in schools for older pupils; to these, where it is practicable, industrial training should be added. There seems in the general opinion to be no other means that afford even a chance of lessening the number of offenders, and diminishing the atrocity of their crimes. It is avowed in the prospectus of these societies, that they are formed for the purpose of enabling creditors to obtain legal assistance in recovering their debts in the county courts, at a small annual charge, and the duties of the solicitor are thus defined :-To issue from the county clerk's office summonses to the debtors to appear before the court;-to collect the necessary evidence in support of the creditor's claims;-to attend the courts on their behalf; and to perform all the other matters appertaining to the recovery of the amounts due from the debtors, or to their commitment. The Incorporated Law Society having received complaints against these establishments, submitted a case for the opinion of counsel, and are advised as follows: : "The object of the societies appears to be, that the meinbers of it shall, out of a common "The committee, therefore, deem that they fund, assist each other in carrying on suits in should not be discharging their duty if they the small debts courts although they have no did not earnestly press these momentous sub-common interest in the subject matter of the jects upon the attention of the legislature. suits. This is clearly illegal. (Hawkins, P. Without raising any speculative question upon C., book 1, ch. 83. Gwillim on Tithes, 4th vol., the right to punish those whom the state has 1381. Oliver v. Bakewell)." left in ignorance, it may safely be affirmed that "There may be difficulty in saying whether the duty of all rulers is both to prevent, as far such conduct can be proceeded against as a as may be possible, the necessity of punishing, violation of any of the statutes passed in early and when they do inflict punishment to attempt days against maintenance, but it is unnecessary reformation. The committee, therefore, strong-maintenance is an offence at the common law, to consider that question, it being clear that ly recommend the adoption of effectual measures for diffusing generally, and by permanent provisions, the inestimable benefits of good training and of sound moral and religious instruction; while they also urge the duty of improving extensively the discipline of the gaols and other places of confinement." independent of the statutes. ch. 83. (Hawkins, s. 28, Pechell v. Watson, 8 Mees. and Welsby, 691).” The council of the Incorporated Law Society have given notice to the solicitors of these associations in order that they may withdraw therefrom, or at least abstain from carrying out the ILLEGAL ASSOCIATIONS FOR THE illegal objects contemplated by them, otherwise RECOVERY OF SMALL DEBTS. it appears the Law Society will prosecute all the parties concerned. on It is curious that the Small Debts Act, which Independently of the illegality of such prowas supposed to have reduced the costs of ceeding, it is professionally improper in the legal proceedings to the smallest possible solicitors concerned in them to seek employamount, has so far already failed in its effect, ment from the clients of other solicitors upon that associations are springing up in different pretence of conducting their business parts of the country formed by tradesmen, cheaper terms than usual. It is open also to subscribing a small annual sum to remunerate the suspicion, that whilst they are thus conthe solicitor of the society for his services in cerned in small debt cases, they will seek emrecovering debts in these courts. ployment from the clients of their brethren in One of these societies is called "The Trades-more important matters. "Let it be reformed men's County Courts and Protective Association;" another "The Small Debts' Court Soaltogether." ciety;" and a third "The Association for the Protection of Trade." The members subscribe an annual sum, for which each is entitled to the advice and assistance of the solicitor in any matter or subject within the County Courts Act, the members respectively paying the solicitor the sums disbursed on their behalf:and in some cases a per centage of the debts recovered, as a fund for punishing fraudulent debtors. CONSTRUCTION OF COUNTY COURTS THE 59th section requires that the plaint shall be entered, stating the substance of the action, and thereupon the summons, stating the substance of the action, shall be issued under the seal of the court; and the 2nd and 5th rules 244 Society for Promoting the Amendment of the Law. of practice require, that the plaintiff shall, if the its inquiries have been directed to subjects of sum sought to be recovered exceeds 57., deliver immediate importance, of which the remedies certain copies of the statement of the particulars were not so remote as to give to the subject no of the demand or cause of action, and that one other than a speculative interest; and while it copy thereof shall be annexed to the summons. adopts the often-repeated maxim of advocating In some cases in which I was recently engaged the reform of all proved abuses, it takes pains for the defence, I took objections to the sum- to discover, and to prove them. It is for this monses, on account of the defendant's being latter object that it has so earnestly invited the only required to appear and answer the plaintiff assistance of non-professional members; of "in an action of contract, the particulars of men, who, unimbued with technical prejudices, which are hereunto annexed." can see, and often most acutely feel, the evils of a system, though they may be unable to contrive the practical remedy: cuique arte sua credendum applies to the stretching of a shoe, more than to the discovery of where it pinches. Even on technical matters, and among practical men, there is a technical bigotry, which often prevents a man from being the best reformer of his own professional practice. Sir Samuel Romilly was great on the reform of criminal law, and the late Mr. Justice Williams, when a common law barrister, was the most formidable assailant of the abuses of the Court of Chancery. When, therefore, we are answered by a non-professional friend, whom we invite to become a member of the society, that he knows nothing on the subjects of its investigation, we say, in reply, "Come, that we may teach you;" and be assured, that in that process of teaching, we shall become self-instructed. This argument also applies, and with greater force, to those junior members of the profession, whom a laudable diffidence might otherwise deter from joining us. They may doubt their own usefulness, till reminded that the task of drawing up the reports of committees will generally devolve upon them, and that in the execution of that task, they will have at once an opportunity of improvement and distinction. I contended that the substance of the action ought to be set out (as if it were declared on) in the summons; and that the particulars of the demand annexed did not cure the defect, nor were alone sufficient; for that above 51. both were requisite; the statement of the substance of the action being required by the act, and the particulars by the rules of practice. The learned judge of the Somerset court, however, decided that it was not necessary, in actions above 51., that the substance of the action should be stated in the summons; that it was sufficient if the particulars were annexed; that, in fact, both were not necessary; and that it was only necessary in actions under 51. for the substance of the action to be stated in the summons. I doubt the prudence of too much laxity of practice, and this point appears to me to involve important considerations. I shall thank some of your readers for their opinion thereon. A SUBSCRIBER FOR SEVERAL YEARS. SOCIETY FOR PROMOTING THE THE FOURTH ANNUAL REPORT OF THE IN presenting its fourth annual report, the council have the high satisfaction of congratuThe caution with which our proceedings are lating the society on its continued progress conducted is another leading feature in the and prosperity. Its income exceeds its expen- practice of the society; there is no acting upon diture, and more members have been elected impulses, there are no hurried reports, no hasty within the last twelve months than in either of resolutions. Giving their committee every due the preceding years; nor is this advantage credit for the great care and continuous dilicounterbalanced by the death of any distin- gence with which their inquiries are conducted, guished colleague in the great work of law the general meetings of the society do not hesi amendment. tate to send back for revision any subject which When the society looks back at the difficul- they do not believe to have been fully investi ties attending its original formation, the reluc- gated, on which new objects of investigation tance of mankind-and especially of profes- appear to have arisen in the course of discus sional classes-to fall in with new views; the sion, or of which the importance appears to fears of the timid; the rashness of the sanguine; This may give to our proceedings the appeardemand a more extensive range of examination. the apathy of the indolent; the apprehensions of pecuniary interests; the jealousies of official ance of slowness. It is at any rate an answer prejudice; and the host of objections which to the imputation of rashness. We do not ask these and other motives raised against its insti- to be judged by the number of our reports, but tution, it will find ample reason to rejoice that by their importance. Neither do we estimate so much of opposition has been allayed or the value of our institution by its direct results neutralised; and that so many prophecies of alone; its mere existence has its practical addanger have been unfulfilled. If the society vantages; the mere question "why is there had indeed been composed of rash innovators, such a society?" must induce a beneficial in dilettante legislators, and unpractical declaim-vestigation in the mind of the inquirer. Thus ers, its final failure would have been assured; it is that from this, and other co-operating it might have commenced in pomp, but it must causes, the amendment of the law is now rehave ended in insignificance. But practice, ceiving much more of popular attention, and practice, practice, has been its rule of action; much sounder views are entertained respecting Society for Promoting the Amendment of the Law. 245 council feels itself specially called upon to acknowledge the services of this committee, which is still continuing its labours on several important subjects referred to its consideration. it, than at any former period. The enormous map. It has made another report on the increase of national wealth, and the corre practicability of connecting the principles of sponding complexities necessarily, not artifi-insurance with titles to land. These reports cially, incident to the multiplication of property, have been very amply discussed, both within multiplication not in the amount alone, but in and without the precincts of the society. The the natures and descriptions of such property, will readily account for the public anxiety on this head. Men feel, in their daily dealings, that the institutions of the Plantagenets and the Tudors are as little applicable to the management of a joint-stock company, as their suits of armour would be to the purposes of locomotion. The courts themselves practically demonstrate their incapacity to deal with unanticipated relations; and the arrears in every one of the higher tribunals prove the necessity for new and increased jurisdictions. During a great portion of the last half century, the state of the Court of Chancery has occupied the attention of statesmen and lawyers; while its delays, expenses, and vexations, have most severely taxed the patience and purses of its suitors. Three new judges, and a numerous staff, have been added to its judicial strength; but the word "arrear" has not Under these circumstances your council call been banished from its vocabulary. Popular upon you in the fullest confidence, to continue opinion has long pointed to the Masters' Office, your exertions in extending the range of the and the system of references and reports, consociety's operations, by recruiting its numbers, firmations and revisions, as the main cause of and adding to the publicity of its proceedings. these obstinate evils. Your council, therefore, You will point with laudable self-satisfaction thought it a fit subject to be referred to your to the instances in which your labours have Equity Committee, and that committee has already prepared the public, and even the legis- made a report "on the improvements which lative mind, for great and important changes may be made in the Masters' Offices." The you will turn to statutes already passed at the report contains many valuable suggestions, and suggestion of the society; and you may be has given rise to a very full discussion of the permitted to speculate on the influence which whole procedure of Courts of Equity. But its proceedings, or anticipated proceedings, the subject is very far from being exhausted, may have had in hastening other measures, and the council look forward to a series of which might otherwise have been indefinitely reports, and hope for numerous papers, on this delayed. most important and most intricate branch of inquiry. There is no branch in which these effects have been more conspicuous than in that of Real Property and Conveyancing. Of this the Act for extinguishing Satisfied Terms is a very remarkable example. Its utility has been recognized both in courts of law and equity, and its provisions have been found to be attended with those beneficial results in practice which you anticipated from them. We have high authority for stating that in one property alone several thousands were saved during the first year of its operation. We noticed in our last report that a committee of the House of Lords, composed of members entertaining great diversity of opinions on most other points, had unanimously required a thorough revision of the whole subject of conveyancing, and the disuse of the present prolix, expensive, and vexatious system." This has led to the appointment of a commission to inquire into the measures necessary for carrying the wishes of the lords into effect; and it is now shown by the most unequivocal signs, that not only the great landed proprictors, and the general body of the public, but a great majority of the profession of the law, are prepared for the extensive change which such a resolution demands. Concurrently with these demonstrations, during the present year, your committee on the Law of Property has continued its investigations on the subject, and has presented a report on the propriety of establishing a general map of the lands of England and Wales, and on the materials now in existence for making such a The committee on criminal law has presented a report on the various plans which have been tried or proposed for the improvement of the treatment of criminals, and on the principles on which punishment ought to be awarded. This subject was also very fully discussed; and the society had the advantage of a draft report, prepared by Mr. M. D. Hill, which, though it differed in some respects from the report which was adopted, contained very valuable suggestions. The council have had the gratification of knowing that in the subsequent discussions on secondary punishments which have taken place in both Houses of Parliament, during the present session, the views_contained in the report of our Criminal Law Committee, which were distinctly brought under the notice of the House of Lords by the noble president of this society, were very generally recognized and adopted. Another report from this committee, as to whether juvenile offenders might not be advantageously submitted to the jurisdiction of the petty sessions, has also been made the subject of legislation. The bill has passed the Commons, and will probably become law. Viewing with great interest the subject of the administration of justice in our numerous colonies, and convinced that the hold which a full and implicit confidence in the law exercises on the affections of a people, long after military or any other force would fail, affords the best security for allegiance to the mother country; and peculiarly attracted to the ques 246 Society for Promoting the Amendment of the Law.-Tithe Commissioners' Report. would any individual deem himself aggrieved, if another, better qualified in the opinion of the society, should be substituted in his place. In some instances, the pressure of other avocations has prevented some of the members of the committee of management and chairmen of committees from giving to the society all the attention they would have desired. tion by the state of those penal colonies, the the suitor or client does not derive an adequate difficulties of the due government of which and direct advantage. were specially suggested by the preceding in- The time has now arrived when your council quiries as to criminal punishments, your coun- is to surrender into your hands the trust you cil commenced an intended series of references have reposed in them. Hitherto its members to the colonial committee, by an inquiry as have been annually re-elected, without any to the law and practice relating to colonial change; but it is far from their wish that this judges, in respect to their removal from office." should be considered a matter of course, nor The committee has presented a report which has been received with general satisfaction. It demonstrates that the present state of the administration of justice in our vast colonial empire is in many respects unsatisfactory, and requires careful, fearless, and unprejudiced inquiry. That judicial independence, in all jurisdictions, is the first guarantee of good government, is a proposition so universally admitted, that your council would not pause to comment on it, but for the opportunity of suggesting that slight inconveniences arising from want of subordination are of little moment, and of easy remedy, compared with the danger to be apprehended from any derogation from the judicial character. Your council trust that this committee will continue the deliberations which it has so well commenced. Your council regret that the committee on the law of debtor and creditor has made no With every wish for your progress and prosperity, and the fullest determination on the part of those, who may have the honour to be re-elected, to continue their exertions, the council takes its leave. TITHE COMMISSIONERS' REPORT. THE Tithe Commissioners have made the following Report, addressed to Sir George Grey, the Home Secretary :— "It is our duty to report to you the progress of the Commutation of Tithes in England and Wales, to the close of the year 1846. “We have received notices that voluntary proceedings have commenced in 9,627 tithe districts: of these notices 4 were received dur progress; and that the numerous bills on this "We have received 7,044 agreements, and confirmed 6,749 of these, 13 have been received, and 45 confirmed, during the year 1846. "6,072 notices for making awards have been issued, of which 583 were issued during the year 1846. “We have received 4,470 drafts of compulsory awards, and confirmed 3,878 of these, 554 have been received, and 502 have been confirmed, during the year 1846. "We have received 9,565 apportionments, and confirmed 9,262; and of these, 570 have been received, and 602 confirmed, during the year 1846. "In 10,627 tithe districts, as will be seen from the above statement, the rent-charges to be hereafter paid, have been finally established by confirmed agreements or confirmed awards. It is indeed with very considerable satisfaction that your council is able to trace a great abatement in that species of self-interested opposition, which in former times so injuriously impeded the amendment of the law. With a few exceptions, lawyers are now taking larger views of professional protection; they find that in most instances the public interest is their own ; and in the few cases of exception, or supposed exception, they feel that a class-interest cannot be permitted to stand in the way of social progress. That laws are to be made for the benefit of the people, and not of the lawyers, is now an admitted truth: prolix pleadings and conveyances, useless and multifarious appeals, motions and petitions of course, unattended warrants, unissued writs, fictitious procedure, unearned fees and sinecure offices, have had their day; and though a few yet remain, your council fully anticipate, that at no distant day, they will be extinguished, (certainly that no new claims to compensation will be created,) and that they will yet see the time, "We have adverted, in three former reports, when no judge, officer, advocate or attorney, to the state of the law under what is called Lord will look to profit from any source, from which Tenterden's Act. "We have in our possession agreements and drafts of awards as yet unconfirmed, which will include 887 additional tithe districts; and make a total, when completed, of 11,514 districts in which the tithes will have been commuted. "We have to repeat the assurance which we have happily been able to give in all our former reports, that the process of commutation are going on, on the whole, tranquilly and satis factorily. Analytical Digest of Cases: Privy Council. "We have to express our deep regret that that law remains as unsatisfactory as ever. While this uncertainty continues, it is impossible for us to adjudicate with any justice to the parties in very many cases which await our decision, and in which proceedings are necessarily suspended. "After our preliminary adjudications, some litigation in the superior courts and some cases of contested and protracted appointments will assuredly follow. We have repeatedly explained and lamented the very serious delays which must thus result from the continued postponement of any rule, either legislative or judicial, which we can apply to these cases. (Signed) "T. WENTWORTH BULLER, DIVORCE. 247 Colonial Appeal.—Practice.—The Charter of Justice of the Mauritius gives no right of appeal to the Queen in council from a sentence of divorce. But the Crown can, upon special petition for that purpose, grant such leave. Appeal granted by the Cour d'Appel in the Mauritius from a sentence of divorce, á vinculo matrimonii, upon petition of respondent, discharged as incompetent. But on special petition, leave to appeal granted by the Judicial Committee, upon terms of the appellant's lodging his printed case within a given time, or the appeal to stand dismissed. D'Orliac v. D'Orliac, 4 Moore, 374. See Will, 1. DOMICILE. ECCLESIASTICAL COURTS. Practice. The rejection of a witness in the course of the hearing of a cause in the Ecclesiastical Court, on the ground of interest, is ing being one continuous act, and an appeal not of itself an appealable grievance, the hearbeing competent, after sentence, from any compartment of the cause. A party in a cause in the Ecclesiastical Court, in consequence of the rejection by the court of a material witness, withdrew himself from the further contest of the cause; the judge decreed the cause in pain of his contumacy. Held, by the Judicial Committee, that such withdrawal was not contumacious, so as to preclude him from his right of appeal from the sentence. Handley v. Edwards, 4 Moore, 407. Cases cited in the judgment: Barry v. Butlin, 1 See Will, 2. EVIDENCE. FOREIGN LAW. By the stat. 59 G. 3. c. 134, s. 14, it is enacted, that it shall be lawful for the church-wardens of any parish, with the consent of the vestry, to raise and borrow money upon the credit of Lower Canada.-Practice.-Registration.the church-rates of any parish, for the purpose being indebted to J. W., transferred 75 proThe firm of S. & W. H., in Lower Canada, of defraying the expenses of any church or chapel. Held, by the Judicial Committee of missory notes to a factor, on his account. At the Privy Council, (reversing the judgment of the time of the transfer S. & W. H. were en the Arches Court of Canterbury,) not to autho-déconfiture. A saisée arrét having subserise churchwardens to borrow money upon the credit of the church-rates, for repayment of a debt incurred in past years for repairs to the parish. Piggott v. Bearblock, 4 Moore, 399. Case cited in the judgment: Rex v. Churchwardens of Dursley, 5 A. & E. 10. COLONIAL APPEAL. quently issued by order of the creditors of S. & W. H., the 75 notes in the hands of the factor were attached. Held, by the Judicial Committee, that the transfer having taken place before the execution of the saisée arrét, was valid by the French law in force in Lower Canada. A commission for examination of witnesses in Canada, to prove such déconfiture, in the circumstances, refused. Practice.-Appeal allowed, under the 7 & 8 Vict. c. 69, direct from the Court of Assize of Semble. By the old French law, prevailing the Island of Jamaica, to her Majesty in council, in Lower Canada, all Ordonnances not regiswithout bringing a writ of error in the Court tered are void. Hutchinson v. Gillespie, 4 of Errors (the intermediate court) in the Moore, 378. island. MARRIAGE. Spiritual Court.-Sentence.-The validity of Such appeal is not of course, but requires special grounds to be shown, to warrant the ap-la sentence passed in 1816, by the Consistory plication. Barnett, in re, 4 Moore, 453. |