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Contentions at the Chancery Bar --New Commission on the Law of Marriage. 291 licitor was present when the cause was called | your Honour does not do that now, which "I on, and got up and protested generally against earnestly press you to do, you will be laying any advantage being taken of the absence of down a precedent, if such things are permitted, counsel ; but he did not state that his junior which will render it a matter for serious concounsel was in the neighbourhood of the court, sideration whether counsel shall continue to . nor did he intimate that such junior counsel practise in a court which will permit such an would be prepared to go on in his leader's advantage to be taken of an accident.' Mr. absence.

Bethell then said, that a representation made “Mr. Cooper, therefore, at the instance of by Mr. Cooper to the court was 'false.'

Mr. the defendant's solicitor, took the usual order Cooper repeated the epithet 'false' several dismissing the plaintiff's bill with costs, on times, noticing with deep regret that it came production of an affidavit of service of the sub- from a counsel who, in point of business, was pæna to hear judgment. At the like instance at the head of his Honour's court; and he then of the defendant's solicitor, Mr. Cooper in- alluded to the impossibility of his manifesting dorsed his brief and delivered it to him. his sense of the affront in the manner customary

“ The Vice-Chancellor then proceeded with in past times. Contempt he would not say that the other causes. Subsequently, the plaintiff's he felt. Pity he certainly did feel. His pojunior counsel came into court, but nothing sition both at the bar, and in society happily passed. Afterwards Mr. Bethell unexpectedly rendered what had fallen from Mr. Bethell arrived from the House of Lords. Imme- quite harmless." diately, upon seeing Mr. Bethell enter the court, Mr. Cooper, anticipating the possibility of

Mr. Purton Cooper, in his preface to this an application that the cause might be heard, statement, observes, that communicated with the defendant's solicitor.

“The conduct of the bar, and especially of The nature of that communication will suf- its leading members, belongs to the public. ficiently appear from what ensues. The an. The only effectual control over such conduct is swer of the defendant's solicitor was at first the opinion of the public. The mode of reverbal, but almost immediately afterwards, dress, to which recourse was formerly had, on written. The verbal answer and the written occasions wher language of insult was used, answer were in substance the same. The has become obsolete, and any attempt to revive written answer was as follows :-If the de- it

, and particularly in the legal profession, fendant's consent to the cause being heard by would, without doubt, meet with unsparing and, the Vice-Chancellor is necessary, I can only say perhaps, not unmerited ridicule. that such consent will not be given. The bill But still words spoken in a court of justice, has been dismissed with costs, and the Vice- and by those whose avocation it is to aid largely Chancellor has not, as I conceive, any power to in the administration of justice-words, which, open the matter, and the defendant positively although if the same be true, they dishonour refuses to give any consent.' The words in him to whom they are applied, yet if they are italics are underlined.

untrue, dishonour no less him by whom they “After some other business had been dis- are uttered, ought not to pass unnoticed; and posed of, Mr. Bethell proceeded to open the the only notice, which modern usage seems cause in question, when Mr. Cooper stated now to permit, is to make those for whose bewhat had passed, viz., that the cause had been nefit our courts are instituted the arbiters.” called on; that no counsel had appeared for the plaintiff; and that in consequence an order We have omitted some of Mr. Cooper's had been made dismissing the bill; – that he observations, which were doubtless written · bad communicated with the defendant's so- under excitement, and which seem unnelicitor, who had given an answer (then only

cessary to his vindication. a verbal one) to the foregoing effect.

“What ensued is here copied and abstracted from notes made by several gentlemen who NEW COMMISSION ON THE LAW OF were present on the occasion :-Mr. Bethell

MARRIAGE, said, that the proceeding of Mr. Cooper was a Mr. Cooper, after expressing his surprise and The following is a copy of the Commission

issued by her Majesty, to inquire into the sorrow at the use of the terın 'disgraceful,'

State of the Law relating to Marriages in said, that if his advice had had any influence

the Queen's dominions and in Foreign with the defendant's solicitor, the cause would,

Countries. by consent, have been again placed in the

VICTORIA R. paper for hearing. Upon the Vice-Chancellor declining to hear the cause, without the consent Victoria, by the Grace of God of the United of the defendant's solicitor, Mr. Bethell said, Kingdom of Great Britain and Ireland, Queen, * I think this is one of the most discreditable Defender of the Faith, To the Right Reverend acts that was ever witnessed in a court of Father in God John Bishop of Lichfield, our justice.'. Mr. Cooper :-*You use language right trusty and well-beloved councillors, James of this kind so often that nobody pays any re- Stuart Wortley, Stephen Lushington, Doctor gard to it. With reference to his Honour's of Civil Law, and Anthony Richard Blake, and refusal to he the cause, Mr. Bethell said, “If our trusty and well-beloved Edward Vaughan

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292

New Commission on the Law of Marriage.-Orders in Chancery.'. Williams, Knight, and Andrew Rutherfurd, Lord Cottenham, Lord High Chancellor of Esquire, greeting: Whereas an humble ad-Great Britain, by and with the advice and dress has been presented to us by the knights, assistance of the Right Honourable Henry citizens and burgesses, and commissioners of Lord Langdale, Master of the Rolls, and the chires and burghs in parliament assembled, Right Honourable Sir Lancelot Shadwell, Vicehumbly praying, that we would be graciously Chancellor of England, deth hereby in pursupleased to appoint a commission to inquire into ance of an act of parliament passed in the the state and operation of the Law of Marriage, fourth year of the reign of her present Majesty as relating to the prohibited degrees of affinity, intituled, " An Act for facilitating the Adminis. and to marriages solemnized abroad, or in the tration of Justice in the Court of Chancery," British colonies: Now, know ye, that we, re- (3 & 4 Vict. c. 94,) and of an act passed in the posing great trust and confidence in your fourth and fifth years of the reign of her knowledge and ability, have authorized and ap- present Majesty, intituled " An Act to amend pointed, and do by these presents authorize an Act of the fourth Year of the Reign of Her and appoint you, the said John Bishop of Lich- present Majesty, intituled 'An Act for facilitatfield, Jomes Stuart Wortley, Stephen Lushing- ing the Administration of Justice in the. Court ton, Anthony Richard Blake, Sir Edward of Chancery,'" (4 & 5 Vict. c. 52,) and in Vaughan Williams, and Andrew Rutherford, pursuance and execution of all other powers to be our commissioners for the purposes afore enabling him in that behalf, order and direct, said : And for the better effecting the purposes that the rule and order hereinafter set forth of this our commission, we do by these presents shall henceforth be, and for all purposes be give and grant to you, or any three or more of deemed and taken to be, a general rule and you, full power and authority to call before you order of the High Court of Chancery, viz::such persons as you shall judge likely to afford The plaintiff is not to obtain an order of you any information upon the subject of this course for leave to amend his bill after a deour commission, and also to call for, have ac- fendant (being entitled to more) has served a cess to, and examine all such books, docu- notice of motion to dismiss tlie bill for want of ments, registers and records as may afford the prosecution, fullest information on the subject, and to in

COTTENHAM, C. quire of and concerning the premises by all

LANGDALE, M. R. other lawful ways and means whatsoever : And

Lancelot SHADWELL, V. C. E. we do by these presents will and ordain, that this our commission shall continue in full force and virtue, and that you our said commission.

TRANSFER OF MASTER Lynch's CAUSES. ers, or any three or more of you, may from time to time proceed in the execution thereof,

l'illa!

April 21st, 1847,1 and of every matter and thing therein contained,

WHEREAS Andrew Henry Lynch, Esq., although the same be not continued from time Chancery, čid on the 25th day of March last,

one of the Masters of the High Court of to time by adjournment: And our further will and pleasure is, that you do, with as little de- resign his office as one of the Masters; and and seals, or under the hands and seals of any and matters, as stand referred to him; his lay, as possible, report to us, under your bands whereas it is expedient that prorision should

be made for the due dispatch of such causes three or more of you, your several proceedings Lordship doth order that all causes and matters under and by virtue of this our commission, which stand referred to the said Andrew together with what you shall find touching or concerning the premises : And we further or Dowdeswell, Esq., William Wingfield, £$9

Henry Lynch he transferred to Joba Edmund dain that you, or any three or more of you, James William Farrer, Esq., Sir Giffin Wilson, may have liberty to report your proceedings Knight, William Brougham, Esq., Nassau under this commission from time to time, William Senior, Esq., Samuel Duckworth, Esq., should you judge it expedient so to do: And Sir William Horne, Knight, Sir George Rose, for your assistance in the due execution of these Knight, and Richard Richards, Esq., some or and well-beloved Herman Merivale, Esquire, in such order, as the senior Master of the said

one of them to be taken by them respectively, to be secretary to this our commission, and to

shall direct. attend you, whose services and assistance we further order, that the said Masters to whom

And his lordship doth require you to avail yourselves of from time to such causes and matters shall respectively be time as occasion may require.

Given at our Court at St. James's, the 29th assigned do proceed and act therein as the said day of June 1847, in the eleventh year of our for that purpose all books, papers, deeds,

Andrew Henry Lynch was to have done, and reign. By her Majesty's command,

writings, and accounts that concern the causes (signed) • G, GREY.

and other matters which formerly, stood re.

ferred to the said Andrew Henry Lyncb, shall ORDERS IN CHANCERY. .teen

be transferred to the said Masters respectively,

to whom the said causes and matters shall be Them of

so assigned as aforesaid; and this order is to AMENDING BILLS. I was

be drawn up and entered with the registrar of •:!?! [10]April 13tk, 1847 the said court. The Right Honourable Charles Christopher

COTTENHAM, C.

court

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House of Commons Costs.-Law Association for the Relief of Widows and Families. 293 HOUSE OF COMMONS COSTS. Tidd, Esq., the eminent author of the Book on

Practice.

"Since the last report, one new case has FEES ON TAXATION,

come before the board, of a member of the soThe Speakery on the 20th instant, laid on ciety dying and leaving his family unprovided the table of the House the following proposed for. He had filled an important official situ. Table of Fees, i on the Taxation of Costs on ation, and it may be assumed that it had never Privaté Bills, viz.

come within his contemplations that his surFor every application or reference £ s. d. viving family would derive any benefit from his to “The Taxing Officer of the House

subscription to the fund. of Commons " for the taxation of a

“Three new cases have during the year been bill of costs.

1 0 o added to the list of non-inembers' families reFor every 100l. of any bill which

ceiving relief. shall be allowed by the taxing

“ The relief to this latter class of applicants officer

o has now been divided into tivo distinct 1. For every bill under 1001.

1 o branches --the casual, and the permanent; the :: On the deposit of every memorial

first embracing cases where temporary assistcompiaining of a report of the taxing ance has appeared to be necessary; the latter officer

100 including those which come before the directors s For every certificate which shall be

annually for consideration. signed by Mr. Speaker

1 0 0 “The permanent cases of this description are > For copies of any documents in the again divided into two classes the one conoffice of the taxing officer, per folio of

sisting of the families of those who have never 72 words

io 10 been members; and the latter of those who That the same fees be paid in case Mr. having once been members had ceased to be Speaker shall refer to the taxing officer any so, possibly from inability to continue their bill of costs, under the authority of an Act of subscription. A preference in the scale of althe Sixth year of his late Majesty King George lowance, is shown to the latter over those who the Fourth, “To establislya Taxation of Costs have never subscribed at all. on Private Bills in the House of Commons." "The cases now on the books of the associa.. That the said fees be paid and applied in the tion, and receiving relief during the past year, same manner as the other fees which are

are as follow: charged at the House of Commons.

Primary cases, consisting of those who

are entitled to the full benefits of the LAW ASSOCIATION FOR THE BENEFIT

association OF THE WIDOWS AND FAMILIES

Secondary, comprising the families of OF PROFESSIONAL MEN.

non-inembers, and to whom relief,

when extended at all, is imparted in hriy

rery different measure

22 The following is the 30th Annual Report of

to'l'he entire number of cases relieved the Directors of this excellent Society, which

since the year 1823, when relief was which was read to the Annual General Court

first granted by the association, has

been held on the 11th May, at the Hall of the Incorporated Law Society. T.J. Burgoyne, Esq.,

7,6 The directors cannot refer to the successful in the Chair:"11

operations of the society during a period of This association has noiv been established their regret at the loss which the association

30 years, without at the same time recording 30 years, during which period a sum amount- has recently sustained in the death of the gening to nearly 16,0001, has been appropriated to tleman (the late Charles Murray, Esq.) in the families of members of the profession. whom the design appears, from an early minute

But while this large amount of relief has of its meetings, to have originated, who was been afforded, the directors have been enabled one of the committee hy whom its regulations to accumulate a fund of upwards of 20,0001., were framed, and who officiated as its secretary thus placing

ensure the continuance of its pleasure, that at the last general meeting of the benefits to those families of deceased members association, 12 years after the termination of who may hereafter require assistance: his official connexion with it, Mr. Mụřtay atIn addition

to the incoine arising from tendèu, ani, at'his then advanced period of life, stock, the annual subscriptions form an im- exhibited the same intelligence and solicitude portant item in the account. These have for its well-being, which had characterized all amounted in the past year to 5897, 1s., and it his earlier exertions.

that in every year since conclasion, directors to state receipts have exceeded the expenditure. ring the year has been only five; a fact which

Within the last few days the directors have proves how inadequately the advantages of the received information of a hequest of 100%. to association are appreciated by the profession; the funds of the association, by the late William and the directors must again appeal to the

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REPORTED IN ALL THE COURTS.

ASSAULT.

294

Metropolitan and Provincial Law Association.-Analytical Digest. members at large to make the society and its ANALYTICAL DIGEST OF CASES, objects more extensively known among their professional brethren.

“ (By order of the Board)
“John MURRAY, Secretary."

Criminal Law.

ABORTION. METROPOLITAN AND PROVIN. On the trial of an indictment on the statute 1 CIAL LAW ASSOCIATION.

Vict. c. 85, for using an instrument with intent to procure the miscarriage of a woman, it is

immaterial whether the woman was actually We understand that this society is pro- pregnant or not. Reg. v. Goodchild, 2 C. & K. ceeding prosperously. In some counties 293. nearly one-half the solicitors have joined

ADMISSIONS. it, and other districts are also well repre

See Evidence, 3. sented. In London many of the most eminent firms have sent in their adhesion, and Abusing female child.- Semble, that an innew names are constantly arriving. dictment for carnally knowing and abusing a

The Yorkshire Law Society, like that of female child under the age of 10 years, which Leeds, has come to resolutions approving not be convicted of an assault under the 11th

does not charge any assault, the prisoner canof the objects of the association, and ap- section of the stat. 7 W. 4, and i Vict. c. 85. pointing a deputation to submit the address Reg. v. Holcroft, 2 C. & K. 341. of the committee of management to the Case cited in the judgment: Reg. v. M'Rue, 8 candidates at the ensuing general election C. & P. 641. for the several ridings of that important And see Robbery. county, with a view to the consideration

BANKRUPT. of the topics therein set forth, preparatory Not surrendering.Venue.-Town corporate. to the state of the profession being brought – The felony of not surrendering at a district before parliament. As a substantial proof court to a fiát in bankruptcy, under the stat. of cordial support, the Yorkshire Law So- 5 & 6 Vict. c. 122, s. 32, is committed at the ciety has voted a donation of 251. in aid place where the district court is situate; and of the funds of the association.

an indictment for this offence cannot be susIf the examples thus set be followed tained in a different county in which the person throughout the country, there can be no of bankruptcy.

was a trader, or in which he committed an act doubt that due attention will be given in The stat. 35 Geo. 3, c. 52, s. 2, which relates the next session to the several grievances to the trial of offences in an adjoining county, under which the profession labours. But only applies to cities and towns corporate which no time should be lost in bringing the are counties of themselves, and not to towns topics to the notice of the candidates. corporate which are not counties of themselves. The time chosen for the formation of the Reg. v. Milner, 2 C. & K. 310. new association has been most judiciously

BATTERY. made, and we trust that the exertions of Beating a deer-keeper.--Pulling a deer-keeper the committee will be seconded by the pro- to the ground and holding him there wžile anfession in general. Although a large num

other person escapes, is not a beating of the ber have subscribed their names, it is evi- deer-keeper within the stat. 7 & 8 G. 4, c. 29, dently important-towards giving all pos- within this enactment. There must be a beat

s. 29. A mere battery is not sufficient to come sible weight to the undertaking,—that the ing in the popular sense of the word. Reg. v. majority of the whole body should enrol Hale, 2 C. & K. 326. themselves forthwith. Let there be no

BURGLARY. waiting for “the order of their coming,

Dwelling-house.-On the trial of an indictbut come at once."

ment for a burglary, it appeared that adjoining It may be again mentioned, that this as- to the prosecutor's dwelling-house was a kiln, sociation is designed to unite the town and one end of which was supported by the end wall country solicitors. Their interests are the of the dwelling house; and that adjoining to same, and they should act together. the kiln was a dairy, one end of which was sup

There was Moreover, important objects are to be ported by the end wall of the kiln. effected, not within the charter of the In- house to the dairy, and the roofs of the dwell

no external communication from the dwellingcorporated Society, and some of the essen- house, kiln, and dairy were of different heights : tial means of effecting those objects can be Held, that the dairy was not a part of the pursued only by individual association. dwelling-house, and that a burglary could not

be committed by breaking into it. Reg. v. Higgs, 2 C. & K. 322,

CORONER.

Analytical Digest of Cases: Criminal Law.

295 does not render it inadmissible if the evidence See Manslaughter, 1.

be otherwise receivable.

A. was indicted for wilfully setting fire to a DE POSITIONS.

rick, by firing a gun close to it, on the 29th 1. Mode of taking. It would be always de- of March : Held, that evidence that the rick sirable, when a person of weak intellect'is ex- was also on fire on the 28th of March, and that amined before a magistrate in a case of felony, the prisoner was then close to it, having a gun that the magistrate's clerk should take down in in his hand, is receivable to show that the fire the depositions the questions put by the magis- on the 29th was not accidental. Reg. v. Dostrate, and the answers given by the witness, as sett, 2 C. & K. 306. to the witness's capacity to take an oath. Reg. 2. Transcripts of parish registers. - In v. Painter, 2 C. & K, 319.

ejectment, it being proved by the rector of the 2. Deceased witness.-In order to make the parish of C., that no parish registers existed depositions of a deceased witness admissible in there of earlier date than 1733, the transcripts evidence against a prisoner charged with a of the registers of that parish for 1705 and felony, such deposition need not have a separate 1706, returned under the 70th canon of 1603, caption. If there be a caption at the head of were produced by the registrar of the diocese the body of the depositions taken in the case, from the bishop's registry, and received as that is sufficient. Reg. v. Johnson, 2 C. & K. evidence of a marriage in 1705, and a baptism 355.

in 1706, of persons through whom the lessor of 3. Mode of taking.-On a charge of felony, the plaintiff traced his title. Doe d. Wood v. the witnesses who make the depositions on Wilkins, 2 C. & K. 328. · which the prisoner is committed should be ex- 3. Admissions.--On a trial for murder by amined in the prisoner's presence, and he poisoning, statements made by the deceased in should hear all the questions put and an- conversation shortly before the time at which swered; and if the magistrates' clerk, before the poison is supposed to have been administhe arrival of the magistrates and of the tered, are evidence to prove the state of his prisoner, examine the witnesses, and take down health at that time. Reg. v. Johnson, 2 C. & what they state, and when the magistrates and K. 354. prisoner arrive the depositions so taken are 4. Proof of sentence at assizes. The proper read over to the witnesses in the presence of proof that a prisoner was in lawful custody the magistrates and the prisoner, and the latter under a sentence of imprisonment passed at be asked whether he has any question to put to the assizes, is by the proof of the record of his *any of them, this is wrong. Reg. v. Johnson, 2 conviction; and neither the production of the C. & K. 394.

calendar of the sentences, signed by the clerk

of the assize, and by him delivered to the goEMBEZZLEMENT.

vernor of the prison, nor the evidence of a per1. Brewer's drayman.-A., a brewer, sent his son who heard sentence passed, is sufficient drayman B. out with porter, with authority to for this purpose. Reg. v. Bourdon, 2 C. & K. sell it at fixed prices only. B. sold some of it 366. to C. at an under price, and did not receive the See Depositions ; False Imprisonment. money at the time. A. heard of this, and, unknown to B., told C. to pay B. the amount, which C. did, and B., when asked for it by A. Justification. Felony. -- Suspicion. Evidenied the receipt of the money: Held to be dence. - In an action for false imprisonment, sufficient evidence of embezzlement. Reg. v. the defendant pleaded that his goods had been Aston, 2 C. &. K. 413.

stolen, and having cause to suspect the plaintiff 2. Treasurer to guardians under local poor act. of the felony, he gave her into custody, the plea - Appointment.Stamp. The treasurer to the stating several grounds of suspicion. The guardians of the poor of Birmingham, appointed plaintiff called a policeman to prove that the * under the stat. 1 & 2 W. 4, c. Ixvii, (local and defendant directed him to take the plaintiff · personal,) is a servant of the guardians, and as into custody; and in his cross-examination the such is indictable for embezzlement.

policeman said, that at the same time, and in The appointment in writing of a person to the presence of the plaintiff, the defendant be such treasurer, at a yearly salary, requires a stated that the goods had been stolen, and also stamp.

stated some of the grounds of suspicion menBut if such appointment be not receivable in tioned in the plea : Held, that this was evidence evidence for want of a stamp, a recital in a bond for the jury to consider, and upon which they executed by him is sufficient evidence of his might find, that the felony had been committed; appointment, and bis duties may be shown and that the defendant had good cause to susfrom the clauses of the local act of parliament pect the plaintiff, if this evidence satisfied them under which he is appointed. Reg. v. Welsh, that the facts really were so. 2 C. & K. 296.

Held also, that although in this plea the de. fendant ought to set out his grounds of sus

picion, yet that he would be entitled to a ver1. Proof of another felony. — Although evi- dict without proof of the whole of them, if he dence offered in support of an indictment for proved that a felony was in fact committed, and felony be proof of another felony, that evidence proved so much of the grounds of suspicion as

FALSE JMPRISONMENT.

EVIDENCE.

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