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Lawyers in the New Parliament.-Arrangement of Business on the Circuits.

363

2nd. Barristers not before in parliament, now on which their forensic laurels were won, returned:

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Benbow, J., Dudley.

Blewitt, R. J., Monmouth.

Grimsditch, Thomas, Macclesfield. Neeld, J., Chippenham.

to start in a new field, where victory is sometimes followed by consequences more disastrous than defeat. The vacancies in the ranks of counsel, it must be admitted, might have been speedily filled up; but those to whom the laborious duty of "getting up" the evidence in circuit cases is necessarily entrusted, were also engaged in electioneering pursuits, if not as candidates, either as agents or partisans. It was felt that the preparations for an election contest, whilst they demanded undivided attention, did not admit of postponement or delay, though the trial of disputed questions of right might be allowed to stand over from the autumn to the spring without any serious injury to the interests of the parties. These considerations alone sufficiently account for the diminished proportions of the cause list in many of the counties.

It has also been suggested, that the

4th. The Solicitors not before in parliament, limited period allowed for the disposal or

but now returned, are

Bremridge, R., Barnstaple.

Cobbold, John Chevalier, Ipswich.
Pearson, Charles, Lambeth.

the circuit business deterred parties from setting down their causes for trial on some of the circuits. When all the expense and anxiety of preparing for a heavy cause on circuit is considered, it cannot be matter of surprise, that those who are concerned ARRANGEMENT OF BUSINESS ON should look with painful apprehension to

There are a few names to add, but which we have not yet accurately ascertained.

THE CIRCUITS.

MANY of the circuits have terminated, and those which have not concluded are drawing to a close: the amount of business on all has fallen greatly below the usual average. Two causes, at least, have combined to produce this result. The operation of the County Courts Act, by withdrawing from the superior courts of law the cognizance of a large class of cases heretofore exclusively within the jurisdiction of those tribunals, necessarily begins to be felt on circuit, as well as at the sittings in London and Middlesex.a

The pending and approaching elections too have had their influence in diminishing the number of causes set down for trial at the assizes. The election fever succeeded to the railway mania. Staid seniors and painstaking juniors bolted from the course

a It appears, by a return lately made, under an order from the House of Commons, that in the interval between the 15th March, (when the new courts opened,) and the 18th June, 3,375 summonses were issued, and 1,582 causes heard, in the Liverpool district; and 2,746 summonses issued, and 1,189 cases heard, in the Manchester district.

the prospect that the cause may be made a remanet until the next assizes, because there has not been time to try it, or what is still worse, that it should be hastily, and as a necessary consequence, unsatisfactorily disposed of at the fag end of the assizes, when judge and counsel are alike impatient to get off to the next circuit town.

The

In connexion with the circuits, our attention has been directed by more than one correspondent to a matter of complaint, rather of a local nature, with reference to the Croydon Assizes. commission day for Surrey was fixed for Saturday the 31st ultimo, and it has been the constant practice in that county, to open the commission early in the afternoon, and for the marshal's clerk to attend, and enter the causes for trial, from the time the commission is opened, on the opening day, and until the actual sitting of the court at ten o'clock the following morning. The causes are entered in the order in which the records are presented to the officer, and as the facilities of railway intercourse has made the Croydon assizes in effect a continuance of the London sittings, and there are always a considerable number of causes to be entered at that

364

Arrangement of Business on the Circuits.—Time for Signing Judgment on Award.

which special juries are summoned. We should be glad to find the judges, who are invested with ample authority, and have the best opportunity of informing themselves as to details, originating improvements of this nature, which involve no questionable principle.

town, there is generally a lively competi-simple arrangement, which prevails in all tion to see who can succeed in entering his the courts, as regards the nisi prius sittings cause first, so as to secure an early trial in London and Middlesex, would save many and prevent the expense and annoyance hundred pounds, now uselessly expended, if created by bringing down witnesses from it were adopted on the circuits, as well with London for several successive days. On respect to common jury causes, as those in the occasion referred to, the officer did not attend at Croydon to enter the causes until seven o'clock in the evening; there were no less than 115 causes to be entered, and as many professional men and others had been waiting for several hours the arrival of the expected functionary, it cannot be wondered at if some degree of clamorous impatience was manifested. The officer continued to enter the causes up to ten o'clock on Saturday night, and some who were not disposed to stay until that hour, returned to London, calculating that an THE Court of Exchequer, according to opportunity would be afforded for entering a case lately reported, has established a their causes at any time before ten o'clock rule of practice with respect to awards, on Monday morning. It appeared, how- somewhat at variance with the understandever, that Baron Parke unexpectedly ing which previously prevailed. When a thought fit to sit at nine o'clock instead of verdict was taken at nisi prius or on ten on the Monday morning, and the at- circuit, subject to the award or certificate torneys who were not fortunate enough to of an arbitrator, and the arbitrator made enter their causes before that hour had to his certificate or published his award during return to London disappointed, with the the vacation, it was generally supposed prospect of having to pay the costs of the day for not proceeding to trial at those

assizes.

TIME FOR SIGNING JUDGMENT
AFTER A CERTIFICATE OR
AWARD BY AN ARBITRATOR.

that the party in whose favour the arbitrator had decided was not at liberty to sign judgment until after the first four days of the next term, during which period the party considering himself aggrieved by the decision might impeach the validity of the instrument by which the arbitrator declared his determination. This view of the practice, however, does not appear to be well founded.

Any deviation from the ordinary practice on such occasions, unless it has been preceded by the amplest notice extensively circulated, is almost sure to produce inconvenience, and ought to be avoided. If any change is to take place in the usual course, the arrangement we should suggest, to take effect hereafter, would be, to enter the The case referred to came on for trial causes in London, where the records are at the Summer Assizes, when a verdict passed, instead of obliging professional men was taken by consent for the plaintiff, subor their clerks to travel to Croydon and ject to the award or certificate of an arbiback, merely to do what might be as well trator. The arbitrator did not make his and more conveniently done at the mar- certificate until the 29th March following, shal's office in town. The causes might and the plaintiff obtained the postea upon then be entered in the order in which par- the production of such certificate, and tics were prepared, without any unseemly signed final judgment on the 7th April. struggle for priority, and with a saving of The question was, whether the judgment time and expence. was signed prematurely, or whether the defendant was entitled to the first four days of term to question the validity of the certificate.

It is also obviously desirable, that at any assizes at which there are 115 causes, or any like number, for trial, a specified number should be fixed for trial on each

day, so that the witnesses and others concerned in causes not included in the list for the day, may depart, and not be unnecessarily kept in attendance, when there is little or no chance that the particular case in respect of which their presence is required can be called on for trial. This

On the part of the plaintiff, it was admitted that there was no case directly in point, but the general rule being, that final judgment may be signed at any time after four days from the return of the distringas,

b Cromer v. Churt, 15 Mees. & W. 310. Reg. Gen. Hil. T., 2 Will. 4, No. 67.

Time for Signing Judgment after Certificate or Award by an Arbitrator.-New Statutes. 365 and the distringas being returnable in other courts adopt the ruling of the Court of Michaelmas Term, it was submitted that the verdict directed by the certificate was to be considered for all purposes as the verdict of the jury, and as if delivered in Michaelmas Term. On the other side it was contended, that the losing party should not be deprived of the four days after verdict to move to set it aside, and that the verdict could not be considered as given, until it was entered on the record pursuant to the certificate given by the arbitrator. The court, consisting of the Chief Baron,

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Exchequer in Cromer v. Churt, it will become necessary to settle the mode of procedure by which an award, manifestly objectionable, may be impeached before it is actually enforced by execution. Meanwhile, the practice, as established by the case cited, affords an additional reason for the parties hesitating before they consent to a reference under an order of nisi prius, when all the expenses of a trial have been incurred.

with Barons Rolfe and Platt, (Barons NEW STATUTES EFFECTING ALTERAParke and Alderson being absent,) were TIONS IN THE LAW. unanimously of opinion, that the verdict

TRUSTEES.

10 & 11 VICT. c. 96.e

An Act for better securing Trust Funds, and for the Relief of Trustees. [22nd July, 1847.] 1. Trustees may pay trust monies or transfer stocks and securities into the Court of Chancery.

was to be considered as given at nisi prius: SECURING TRUST FUNDS AND RELIEF OF it was then taken, subject to alteration; but when the alteration was made it dated back to the time it was given. In reference to the suggestion, that the party against whom the certificate was made was subjected to a disadvantage by being deprived of the four days for moving, the answer was said to be, that the parties agreed to a state of things which deprived them of that benefit; and that there was always a judge sitting at chambers, who might be applied to, if the special circumstances of the case required it. Upon these considerations, the court held, that the judgment was properly signed, and could

not be disturbed.

Cromer v. Churt, it will be observed, was the case of a certificate, but it does not seem from the report that any different conclusion could have been come to, if it had been the case of an award instead of a certificate. In Salter v. Yeates, Parke, B., said, “Where there is a certificate, it is done to save the expense of the stamp and award;" and there does not seem to be any reason why one instrument should have a different operation, or be subject to any different rules of practice from the other. Although each of the learned barons by whom Cromer v. Churt was determined, adverted in his judgment to the possibility of an appeal to a judge at chambers, under special circumstances, the form of such application was not suggested. In ordinary cases it may be sufficient for a judge to order a stay of proceedings, but it is not difficult to conceive cases, in which judgment may be signed and execution executed with so little delay, after the publication of an award, as to render a judge's order staying proceedings nugatory. Should the

d 5 Dowl. 291.

Receipt of bank cashier, or certificate of proper expedient to provide means for better securing officer, to be sufficient discharge.-Whereas it is trust funds, and for relieving trustees from the responsibility of administering trust funds in cases where they are desirous of being so relieved: Be it enacted by the Queen's most excellent Majesty, by and with the advice and and Commons, in this present parliament asconsent of the Lords spiritual and temporal, sembled, and by the authority of the same, That all trustees, executors, administrators, or other persons, having in their hands any monies belonging to any trust whatsoever, or the major part of them, shall be at liberty, on filing an affidavit shortly describing the instrument creating the trust, according to the best of their knowledge and belief, to pay the same, with the privity of the Accountant-General of the High Court of Chancery, into the Bank of England, to the account of such Accountant-General in the matter of the particular trust (describing the same by the names of the parties, as accurately as may be, for the purpose of distinsaid court; and that all trustee or other perguishing it,) in trust to attend the orders of the sons having any annuities or stocks standing in their name in the books of the Governor and Company of the Bank of England, or of the East India Company, or South Sea Company, or any government or parliamentary securities standing in their names or in the names of any sonal representatives, upon any trusts whatdeceased persons of whom they shall be persoever, or the major part of them, shall be at

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36

New Statutes effecting Alterations in the Law.

liberty to transfer or deposit such stocks or securities into or in the name of the said Accountant-General, with his privity, in the

TITHES AMENDMENT.
10 & 11 VICT. c. 104,

matter of the particular trust, (describing the An Act to explain the Acts for the Commuta

same as aforesaid,) in trust to attend the orders of the said court; and in every such case the receipt of one of the cashiers of the said bank for the money so paid, or, in the case of stocks or securities, the certificate of the proper officer, of the transfer or deposit of such stocks or securities, shall be a sufficient discharge to such trustees or other persons for the money so paid, or the stocks or securities so transferred or deposited.

tion of Tithes in England and Wales, and to
continue the Officers appointed under the
said Acts until the First Day of October,
One thousand eight hundred and fifty, and
to the End of the then next Session of
Parliament.
[22nd July, 1847.]

1. 6 & 7 W. 4, c. 71.—5 Viet. c. 7.—5 & 6 Vict. c. 54.-So much of recited acts as limits the duration of tithe commission repealed.— Powers of commissioners, &c., to continue in force till October 1, 1850, unless sooner determined. Whereas by an act passed in the

2. Court of Chancery to make orders on petition, without bill, for application of trust monies and administration of trust.-That such orders as shall seem fit shall be from time to seventh year of the reign of his late Majesty, time made by the High Court of Chancery in intituled "An Act for the Commutation of respect of the trust monies, stocks, or securities Tithes in England and Wales," tithe commisso paid in, transferred, and deposited as afore- sioners for England and Wales were appointed, said, and for the investment and payment of and by the said act, and by sundry acts since any such monies, or of any dividends or in- passed for the amendment thereof, and for terest on any such stocks or securities, and for continuance of the said commission, the powers the transfer and delivery out of any such stocks of the said commissioners now stand limited, and securities, and for the administration of and will expire at the end of the session of parany such trusts generally, upon a petition to liament next after the 31st day of July, in this be presented in a summary way to the Lord year 1847; and it is expedient that the same Chancellor or the Master of the Rolls, without be further continued: Be it enacted by the bill, by such party or parties, as to the court Queen's most excellent Majesty, by and with shall appear to be competent and necessary in the advice and consent of the Lords spiritual that behalf, and service of such petition shall and temporal, and Commons, in this present be made upon such person or persons as the court shall see fit and direct; and every order made upon any such petition shall have the same authority and effect, and shall be enforced and subject to rehearing and appeal, in the same manner as if the same had been made in a suit regularly instituted in the court; and if it shall appear that any such trust funds cannot be safely distributed without the institution of one or more suit or suits, the Lord Chancellor or Master of the Rolls may direct any such suit or suits to be instituted.

3. Regulating salary of Accountant-General. -That the additional remuneration which the said Accountant-General may receive in consequence of the operation of this act shall not have the effect of giving to him any claim for a larger income by way of salary or otherwise, in the event of the said office of AccountantGeneral being hereafter regulated by competent authority, than would have been assigned to him if this act had not been passed.

4. Lord Chancellor, with Master of the Rolls, &c., may make general orders.-That the Lord Chancellor, with the assistance of the Master of the Rolls, or of one of the Vice-Chancellors, shall have power, and is hereby authorised, to make such orders as from time to time shall seem necessary for better carrying the provisions of this act into effect.

5. Construction of expression "Lord Chancellor."-That in the construction of this act the expression "the Lord Chancellor" shall mean and include the Lord Chancellor, Lord Keeper, and Lords Commissioners for the custody of the Great Seal of Great Britain for the time being.

parliament assembled, and by the authority of the same, That so much of any of the recited acts as limits the time during which any tithe commissioner, assistant commissioner, secretary, or assistant secretary, or other officer or person appointed or to be appointed under the first-recited act, shall hold his office to the said 31st day of July, shall be repealed; and that the commissioners and assistant commissioners, secretary, assistant secretary, and other officers and persons appointed or to be appointed under the first-recited act, may continue to hold their several offices, if not sooner removed by lawful authority, until the first day of October, in the year 1850, and until the end of the then next session of parliament; and that all the powers of the said commissioners, and their assistant commissioners, secretary, assistant secretary, officers and servants for the time being, shall continue in force, acccording to the provisions of the said several acts as amended by this act, until the said first day of October, and the end of the then next session of parliament, unless her Majesty shall be pleased sooner to deter mine the said commission.

2. Confirmed apportionments to stand good. -And whereas by the first-recited act it was enacted, for the quieting of titles, that no confirmed agreement, award, or apportionment shall be impeached after the confirmation thereof by reason of any mistake or informality therein, or in any proceeding relating thereunto, and doubts have been entertained as to the full meaning and extent of such enactment; be it declared and enacted, That, notwithstanding any exception in the said act contained

New Statutes.-Review: Coote's Practice of the Ecclesiastical Courts.

367

every instrument purporting to be an instru- ecclesiastical courts is made known to the ment of apportionment, confirmed under the profession at large through the medium of hands and seal of the said tithe commissioners, various treatises and reports of cases deshall be hereby absolutely confirmed and made cided, the practice in those tribunals has valid, both at law and in equity, in all respects, hitherto been "a sealed book." The princisubject, nevertheless, to the powers given to

the tithe commissioners in the first-recited act, ples of law have been well expounded by the or in any act passed for the amendment there- learned advocates of Doctors' Commons, of, for alteration of any instrument of ap- but, with one exception, they appear portionment. to have deemed the subject of pro

3. Instruments of apportionment may be cor- cedure in the courts as beneath their rected if any lands shall have been improperly notice. Doubtless, the course of proceedincluded or charged with rent-charge therein.

9 & 10 Vict. c. 73.-That if it shall be shown ing the forms and details of practice,—are to the satisfaction of the said tithe commis- well known to that respectable and limited sioners that any lands have been improperly body the proctors of Doctors' Commons. included or improperly charged with rent- Standing in the same relation to the suitors charge in any confirmed instrument of appor- in the ecclesiastical courts as the attorneys tionment, it shall be lawful for the said tithe and solicitors do to the courts of common commissioners to correct such apportionment, law and equity, they are the depositories and the deposited copies thereof, either by ex- of the rules by which the court is ordinarily cluding such lands so improperly charged from

the apportionment, and re-distributing any governed, and which experience has prerent-charge imposed upon such lands on lands scribed either as convenient or advanlegally liable to the payment thereof, or by tageous to the officers and practitioners, sanctioning the redemption of the rent-charge or tending to save the time of the so improperly charged by the persons capable court, or to diminish the topics of controof redeeming the same under the provisions of

recoverable from the

person or

declared

liable by the said tithe commissioners to the payment of the same in such manner as expenses attendant upon original instruments of apportionment are recoverable.

an act of the last session of parliament, intituled versy. "An Act further to amend the Acts for the In the courts of law and equity, from the Commutation of Tithes in England and Wales;" complication of matters of practice and the and all costs and expenses attendant upon the multitude of practitioners,-more or less correction of any confirmed instrument of ap- versed in the technicalities which arise out portionment shall be borne and paid by such of the vast variety of legal procedure,persons and in such proportions as the said books of practice exist in comparatively tithe commissioners shall direct, and shall be large numbers for the guidance of all who seek the officina justicia. A succession of able writers have appeared in this department of legal lore. In the last age, in the common law courts, there were Impey, 4. Instruments to be delivered up for the pur- Tidd, and the elder Chitty in the present, pose of such correction. That for the purposes Archbold and Chitty, jun., and latterly of such correction or of recording any such re- Bagley and Lush. In equity, Turner and demption the person or persons having the custody of any copy of any instrument of ap-authorities, now succeeded by Daniel, were formerly the principal portionment shall be bound, upon the application of the tithe commissioners, to deliver to Sidney Smith, and many othersthe said tithe commissioners any copy of a confirmed instrument of apportionment which courts appears to have depended on his shall have been deposited with them respectively.

NOTICES OF NEW BOOKS.

Venables

The practitioner in the ecclesiastical

personal knowledge, or his ready access to the officers of court, (like the late six clerks' office in Chancery,) and probably on the good understanding which is easily kept up amongst a small body of men, all The Practice of the Ecclesiastical Courts, practising in the same locality. Now, with Forms and Tables of Costs. By however, not only the tyro in Doctors' HENRY CHARLES COOTE, Proctor in Commons, but the solicitors who necesDoctor's Commons, and one of the Ex-sarily resort to the agency of proctors, are aminers to the Judicial Committee of made acquainted with the practice and her Majesty's most Honourable Privy been of a traditionary nature, or confined course of proceeding, which hitherto has Council and the Arches and Prerogative Courts of Canterbury. London: Henry Butterworth. 1847. Pp. 966.

a See the sections on Practice in Dr. R. Phillimore's edition of Burn's Ecclesiastical

WHILST the law as administered in the Law.

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