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Public Record Buildings on the Rolls' Estate.

371 approaches are not finally arranged, but, Cole, who was directed by Lord Langdale to the record building, which is the first great give to Mr. Pennethorne all the information in step in the measure, seems settled and


power. determined.

"Your Majesty's commissioners were inThe following is the report :

formed by Mr. Richard Lambert Jones, that a

plan for the formation of a street intended as a “The Viscount Morpeth, chief commissioner central communication between the eastern and of your Majesty's Woods and Forests, having, western divisions of the metropolis, -that is to as chairman of this commission, submitted, by say, between the great leading thoroughfares of the request of your Majesty's Secretary of Ludgate-hill, Fleet-street, and the Strand on the State for the Home Department, certain plans south, and Snow-hill and Holborn on the which had been prepared by Mr. Pennethorne north,—had been under the consideration of under his direction for the building of a the London Bridge Approaches' Committee two Record Office, and for making the neces- years ago; but that improvements in prosary approaches thereto,-together with a me- gress, and contemplaied in other parts of the morandum as to the practicability and expe- city, had subsequently led to its suspension. diency of effecting these objects, in con- The line then proposed, commencing at the nection with the appropriation of a portion western extremity of Cheapside, and extending of the Rolls' Estate in Chancery-lane, -your to the site of the late Fleet-Prison, would have Majesty's commissioners have taken these passed over Farringdon-street by a bridge, and plans, with the accompanying memorandum, would have terminated at the city boundary in into their consideration ; and having heard Fetter-lane, with a branch extending north into evidence thereupon to the extent which the Holborn, nearly opposite to Furnival's Inn. Of terms of their commission were deemed to jus- theline proposed by Mr. Pennethorne, (to which tify, they now humbly beg leave to report to your Majesty's commissioners will refer hereafyour Majesty the result.

ter,) though not identical with the line above ad. “The plans laid by Viscount Morpeth before verted to, Mr. Richard Lambert Jones expressed this cominission were four in number ; two'a favourable opinion. He considered that the showing the site of the proposed building and line exhibited in plan No. 2, would, if slightly the intended approaches thereto, and proposing, altered, be at least as good as any which could in connexion with that site and those ap- be devised : and he thought it probable that, if proaches, the execution of a line of street to the Commissioners of her Majesty's Woods form a main central thoroughfare between the could effect arrangements with the Corporation eastern and western divisions of the metropo- of London, by which the appropriation of the lis; the remaining two exhibiting the general coal dutiez to purposes of metropolitan imarrangement and disposition of the interior of provements could be placed upon an amended the building, and the space proposed to be made footing, the authorities of the city would, out available for its intended purposes.

of any funds which might then be placed at “ Your Majesty's commissioners were in their disposal, at once undertake to form the formed that plans Nos. 3 and 4 had, in refe- portion within their own boundary. Mr. R. L. rence to the points immediately above-men- Jones further stated it to be his opinion, that tioned, received the approval of Lord Langdale, whatever difficulties might impede the complethe Master of the Rolls. Into the fitness, tion of the whole plan No. 2, including the therefore, or the applicability of those plans to entire communication east and west of Fetterall the requirements of a depository for public lane, the execution of the more limited plan records they did not deem it incumbent upon No, 1, as proposed by Mr. Pennethorne. comthem to inquire minutely. Their attention was prehending the space between Fetter-lane and directed, in the first place, to the plans which Chancery-lane, would of itself effect a great have been devised for improving the communi- improvement. cations in the vicinity of the proposed site;

- From the evidence of Mr. Henry Cole, your and, secondly, to the capacity and eligibility of Majesty's commissioners were enabled to inthe site itself: having reference not only to the form themselves respecting the several buildexigencies of the present time, but to any pro- ings in which the public records are at present bable demand for the enlargement of the build- deposited. No one of these buildings, according within the next century.

ing to the evidence adduced before this com** In directing their attention to the matters mission, appears to have any special aptitude falling more especially within their own pro- for the purposes to which it is applied; and in vince, your Majesty's commissioners examined some instances it may be stated that they are Mr. Richard Lambert Jones, the chairman of decidedly unfitted to those purposes. Partly the London Bridge Approaches' Committee; from want of space, and partly from apprehenMr. Henry Cole, one of the assistant keepers sion of fire, the reception of the more modern of the Records, acting, it is understood, on this and current class of records is understood to occasion, with the permission of the Master of have been suspended; and from these and Rolls; and Mr. Pennethorne, the professional other causes, the expense of lodging, maintainadviser of the commissioners of your Majesty's ing, and protecting the records which are in Woods upon all questions of metropolitan im- charge, is stated to be from 1,500l. to 2,0001. provement, who had also on this occasion been per annum. proceeding in communication with Mr. Henry! “Your Majesty's commissioners are in

that purpose.


Public Record Buildings on the Rolls' Estate. formed by Mr. Henry Cole, that the plans of end of Newgate-street; and, widening the Mr. Pennethorne having reference more imme- north side of that street, would have terminated diately to the accommodation of those records, in Cheapside. The plan which has been subhave been prepared in communication with the mitted for the especial consideration of your Master of the Rolls, from measurements fur- Majesty's commissioners, differs from the fornished by Mr. Henry Cole himself, and in mer plan in some essential particulars :-it digreat measure under his own immediate super- verges southwards from Long Acre into Careyvision :-that he considers them to present street, Lincoln's-inn; trarerses the north side the best means of providing for the pressing of the Rolls Estate into Fetter lane; and proexigencies of the present period, looking to the ceeds thence (in a line nearly identical with one difficulty which the crowded state of the metro- proposed by Mr. Bunning, the City Surveyor) polis must interpose to the accomplishment of by a bridge over Farringdon-street's passing by any plan upon a fitting scale and of more ex- the Sessions Ilouse Old Bailey, and Newgate tensive dimensions :-and that the Master of Market, to the west-end of Cheapside. the Rolls had very carefully inspected these “Your Majesty's commissioners are inplans, had suggested alterations while they formed, that the division southwards of the line were in progress, and, he had every reason to of street from Lincoln's-inn Fields and Newbelieve, had at length signified his approval. square, Lincoln’s-inn, has been proposed by

Your Majesty's commissioners believe that Mr. Pennethorne, in consequence of communi-, they are justified in inferring from the same cations with the Benchers of Lincoln's-inn and evidence, that in the selection of a site for the with the trustees of Lincoln's-inn Fields, held proposed building, the Master of the Rolls is of two years ago in reference to plans framed for opinion, that preference should be given to the other purposes, and not proceeded with in conimmediate neighbourhood of the Inns of Court, sequence of the opposition which would have and as far as possible, both on grounds of con- arisen in parliament, if any portion of that venience and of economy, to the appropriation locality had been affected. of the Roll's Estate, or some portion of it, to “Your Majesty's commissioners are also in

formed, that a further object of Mr. PenneFrom the evidence of Mr. Henry Cole, thorne, in diverting that portion of the line your Majesty's Commissioners were informed extending from Carey-street to Fetter-lane, was that the space which the records now in charge to render available for the purposes of the Rewould occupy in any building provided for cord Office the largest possible portion of the that purpose, would be 160,000 cubic feet; Rolls Estate ; and, at the same time, in conthat if the Welch and other records not at forniity with the recommendation of Mr. present actually in charge were added to that Braidwood, and the requirements of the Mascollection, these requirements would be in- ter of the Rolls, to provide, in the isolation of creased to 225,000 cubic feet ; and that, look, that building, an additional means of security ing at the probably increased deposits within against fire. the next century, there would be a further addis The portion east of Fetter-lane is repretion of not less than 200,000 cubic feet re- sented by Mr. Pennethorne as being a slight quired within that period, making a total of modification of that proposed by Mr. Bunning, 425,000 cubic feet for the deposit of records so as to unite Mr. Bunning's general line alone. The requirements for access and ven- with his own. tilation, ho ver, it is represented to your Ma- “Mr. Pennethorne is of opinion, that the jesty's commissioners, would considerably ex- line now submitted to your Majesty's commisceed that amount. It would involve, in Mr. sioners, in plan No. 2, would, as a thoroughHenry Cole's opinion, the appropriation of a fare, compared with the line proposed to the space amounting to about 3,000,000 cubic feet Select Committee of 1838 on Metropolitan Imfor all purposes. Assuming that such extent provements, afford an equally advantageous of space could be provided, Mr. Henry Cole is channel for the general traffic of the town; of opinion, looking to portions of the estate while it would be more effective in relieving the which would still be unappropriated, that the present excessively crowded, traffic of the probable exigencies of the next 100 years Strand, and would present more convenient would be amply met by the proposed arrange- means of communication between the Record ments.

Office and the Courts of Law, in the event of "Mr. Pennethorne produced before your those courts being erer erected in the same Majesty's commissioners a plan which he in- locality. formed them had been prepared in the year Your Majesty's commissioners, as they 1834,-had been submitted by him to a com- have already intimated, did not feel it incummittee of the House of Commons, and in part bent upon them to examine Mr. Pennethorne, appended to their report in 1833, -and had, in as to the details of plans Nos. 3 and 4. Incicertain portions, and to a limited extent, been dentally, however, in reference to the question already executed. Proceeding eastwards from of a subsequent extension of the building, they Long Acre, the line of thoroughfare then pro. think it right to notice, that the walls, accordposed by Mr. Pennethorne would have passed ing to his plans, would be built of sufficient along the south side of Lincoln's-inn Fields; thickness to carry another story, whenever reacross New-square and Fetter-lane ; over Far- quired; and that the building, might, at a, ringdon-street by a bridge; thence to the west- future time, be extended over the site of the

Public Record Buildings.-Construction of the Bankruptcy and Insolvency Act. 373 judges' chambers, and seven houses on the the attention of your Majesty's Government to Rolls' Estate, fronting Chancery-lane.

the central portion only of that plan,—that "The plan No. 2, may be divided into three portion, for tlie execution of which the acquireportions, viz., the portion west of Carey.street;ment of property would become necessary in --the portion more immediately connected with reference to any immediate proceeding conthe proposed Record Office, extending from nected with the erection of a new Record Office; Carey-street to Fetter-lane ;-and the portion and, looking to the testimony of Mr. Richard east of Fetter-lane, the whole of which last is Lambert Joncs in favour of executing such within the limits of the city.

portion, even in the event of the more extended .“ The centre portion of this plan, and that line not being adopted ;-looking to the apto which alone your Majesty's commissioners proval by the Master of the Rolls of the partithink it necessary at present to direct their cular site proposed for the Record Office, and attention, is shown more at large on the plan of the approaches thereto ;-and looking to the numbered 1 ip the Appendix; and Mr. Penne- evidence of Mr. l'ennethorne, showing the adthorne is to be understood as having hitherto vantages which would accrue to the public from confined his estimates to this portion.

connecting these important objects with each "The object of the plan No. 1, is to distin- other,--your Majesty's commissioners are of guish by colours the Rolls Estate from other opinion that, if measures be adopted by the property in the immediate vicinity; and to ex. Gorernment for the erection of such a buildhibit the requirements of the proposed Record ing, such portion of Mr. Pennethorne's proOffice in respect to site,—whether by occupa- posed lines of streets as are comprised in plan tion of parts of the Rolls Estate, or by acqui- No. 1, should be at the same time executed. sitions of other property, and for the formation Your Majesty's commissioners think it their of streets around the building.

duty, however, at the same time to add, that “The net ultimate cost of purchasing these the line of communication proposed by plan properties, of forming the streets in the imme- No. 2, is (irrespectively of the special advandiate locality, and of erecting and fitting up the tages of erecting an office for the records of the proposed Record Office, according to these kingdom on the site suggested) the most eligiplans, would be

ble and the most practicable line for connectFor the cost of the building £175,000

ing the eastern and western portions of the of the tittings 31,500

inetropolis, and that it would very advantage

206,500 ously increase the facilities of communication For purchases


within the same. Deduct probable return from

“Your Majesty's commissioners have the ground-rents.


satisfaction of adding that, having submitted 243,500 the preceding pages of this report to the Mas

ter of the Rolls, his Lordship has signified his Total net cost

£450,000 approval both of the plans for the Record "In the memorandum referred to this Com-Office, and of the site proposed for the build

ing. mission, with the plans, Mr. Pennethorne

(L. S.) MORPETH. observes, that the cost of the purchases may

(L. S.) LYTTLETON. be apportioned thus :

(L. S.) COLBORNE. For the Record Office


(L. S.) John CHARLES IIERRIES. For the improvement of the thorough

(L. S.) Joun HUMPHERY. fares




(L. S.) CHARLES LEMOX. The gross sum being nearly in accordance with (L. S.) llenry Thomas Hope. that stated in his evidence before this commis.


(L. S.) Charles Gore. “ Your Majesty's commissioners are not ap- Ofice of Woods, 8:c., 15th July, 1947. prized of the funds out of which it would be proposed to defray any portion of this expen

CONSTRUCTION OF THE BANKditure ; nor are the evils to the remedy of which those funds would be more immediately ap- RUPTCY AND INSOLVENCY ACTS. plied, a fitting subject for comment on the part of this commission. On the other hand, the

ORDER OF PROTECTION.- PLEA necessity for providing vent for the over

COMMISSIONERS' JURISDICTION. crowded traffic of the central portions of the metropolis, by the formation of new thorough

Jones v. Pontifex. fares in a direction east and west of Temple The defendant in this suit presented his peBar, has been so frequently urged in evidence tition to the Court of Bankruptcy, which was before Select Committees of Parliament, that duly filed, and in the schedule to such petition, your Majesty's commissioners have not felt it the defendant included the name of the plaintiff, requisite to hear further evidence on this point and the amount for which this action was on the present occasion. They think it neces- brought, viz., 301. 3s. 2d.

On the 23rd of sary, indeed, at the present moment, to direct' April, 1845, the defendant obtained his final



374 Construction of the Bankruptcy and Insolvency Act.-Correspondence. order for protection from process under 5 & 6 fendant, having filed his petition in the Court Vict. c. 116, and 7 & 8 Vict. c. 96. In the pe- of Bankruptcy, and included the name of the tition was contained a proposal that the defend- plaintiff, and the amount for which this action ant should pay into the hands of the official as- was brought in his, the defendant's schedule to signee the sum of 21. monthly, for the gradual such petition, and obtained his final order for liquidation of his debts. The defendant failed protection from process under 5 & 6 Vict. c. in keeping up the instalments pursuant to such i16, and 7 & 8 Vict. c. 96, previously to the proposal. The plaintiff was appointed the trade commencement of this action. This summons assignee. On the 12th Jan. 1846, the plaintiff was attended by the attorneys of the plaintiff (a butcher) brought his action to recover the and defendant. amount of his debt, 301. 38. 2d., for meat sup. Mr. Baron Platt was of opinion, that the deplied to the defendant, being for the same debt fendant could not have pleaded his protection as was included in the defendant's schedule. in bar to this action- that the defendant not The defendant appeared to the action, but did having kept up his instalments pursuant to not plead thereto, being advised that he could the proposals contained in his final order, was not plead his protection in bar. Judgment was nothing to the plaintiff-that the commissioner signed by default

. On the 15th April, 1847, a had power to imprison the defendant for such writ of sci. fa. was issued to revive the judg- default. ment, and notice thereof, dated 30th April, The plaintiff's attorney then stated, that the 1847, was shortly afterwards served upon the defendant had renewed the debt by entering defendant. The defendant took no notice of into a fresh contract, and had paid money to the sci. fa., whereupon a ca. sa. was issued, him on account. The judge accordingly and he was taken and put in gaol at Worcester. adjourned the summons till 27th July, 1817,

On the 20th July, 1847, the defendant's at- for an affidavit of these facts. When the torneys applied to Mr. Commissioner Holroyd, parties again attended, it did not appear from (who was then sitting for Mr. Commissioner the plaintiff's attorney's affidavit, or otherwise, Evans, the commissioner who had signed the that the defendant had renewed the debt. But defendant's protection,) through Mr. Lucas, the judge stated that the defendant having neg, their counsel, who moved the court for an order lected to take notice of the sci. fa., he wished to discharge the insolvent from the custody of to consider that point, and took the papers the keeper of the gaol at Worcester. Mr. home with him. On the following morning Commissioner Holroyd, after hearing the argu- the judge made the order for the defendant's ments of Mr. Lucas, refused to make such discharge, but no action to be brought. order. Mr. Lucas thereupon made the follow- Plaintiff's attorney, Mr. H. D. Draper. ing indorsement upon his brief, which was read Defendant's attorneys, Messrs. Smith, Witover to the commissioner and approved by him, ham, and Brookfield. and signed by Mr. Lucas. “Mr. Commissioner Holroyd says, he is of

SELECTIONS FROM CORRESPONopinion, the 29th sect. of 7 & 8 Vict. c. 96, ap

DENCE. plies to cases where a protecting order has been granted under the 28th sect. of that act, and therefore the prisoner is not entitled to his

To the Editor of the Legal Observer. discharge by virtue of that 29th sect. The

ATTORNEYS' GOWNS. commissioner is further of opinion, that the case of Toomer v. Gingel a does not sufficiently

SIR, I have seen with some surprise that decide, that the prisoner might not have pleaded you advocate the use of the gown by attorneys in bar to the plaintiff's action, the plea given attending the County Courts as advocates! by the 10th sec., 5 & 6 Vict. c. 116, as in the upon what ground I know not. Respectable present case the final order is not merely ani

solicitors require no badge of distinction, and order for protecting the person (as in Toomer why should they choose this time of all v. Gingel) but for protection and distribution, has so far thought proper to insult them, as to

others to assert their dignity? The legislature and as the 74th sect. of the 7 & 8 Vict. c. 96; make it dependent upon the whim of the judge enacts, that (except as herein provided) the --it may be of only eight years standing 5 & 6 Vict, c. 116, is not repealed or in any whether they shall be heard or not—or whether way altered-and there being nothing in the 7 & 8 Vict., repealing or affecting the plea in they shall receive any fees! The only use of bar given by the 5 & 6 Vict. c. 116, s. 10, the the gown as it appears to me is, that there is a commissioner cannot order the prisoner's dis- little bag attached, in which barristers used of charge under any general jurisdiction the court

old to put their fees, and as caps are not worn may possess."

in court, it may be useful to hold the bag to The defendant's attorney, therefore, on the

the judge when they have to pray that he will 23rd July, 1847, took out a summons to show" have mercy upon the advocate." I have met cause why the defendant should not forthwith with the inclosed letter, which expresses the be discharged out of the custody of the keeper

universal feelings of the Manchester attorneys.

Manchester. A CONSTANT READER. of the county gaol at Worcester, he, the de

The following is extracted from the letter a Law Journal Reports, Dec. 1846, Com. referred to :Pleas, p. 255.

“I have received a circular letter from Mal.




Selections from Correspondence.- Proceedings of Law Societies.

375 don, urging me and others of the profession in

WITNESS.-SHAREHOLDER. Manchester, to assert our privilege of wearing a Is a shareholder in a joint-stock bank, and gown before the magistrates in petty sessions, who is not a public registered officer of it, a at the quarter sessions, and assizes, and more competent witness on behalf of the bank, in an particularly before the judges at the new County action by its public registered officer, against a Courts. What my friends propose by bedeck-party for recovery of the amount of a bill of ing themselves in their peacock's feathers, 1 exchange. know not. If some test of the honour and

AN OLD SUBSCRIBER. abilities of those attending the courts could be applied before the gown was put on, I grant it might be a source of ambition to earn such a

PROCEEDINGS OF LAW SOCIETIES. badge, but it is not proposed to exclude the disreputable practitioner. It is not for a moment supposed that the gown would add either to the abilities of the wearer, or induce the low The Committee of Management have issued a practitioner to leave off their nefarious prac- concise statement of the objects of this Assotices. Indeed, I fear it would tend to raise the ciation, abridged from the former address, with low practitioners upon more of a level with the a list of the members at present enrolled. respectable, in the eyes of the lower orders, and The Country Law Societies are zealously supin so much do harm. The time it is proposed porting the association, as will appear from to introduce the gown appears to me very ex- the following resolutions :traordinary. Attorneys have lived, and as a body have been highly trusted and highly respected for so many years, that they have

Ar a General Meeting of the Yorkshire Law hitherto wanted no outward show; but now the

Society, held at Rockwood's Hotel, Pavelegislature has established courts throughout

ment, York, on Friday the 16th July, the kingdom expressly excluding attorneys from

1847. William Richardson, Esq., the practising in them, excepting on sufferance, and

president, in the chair. in nine cases out of ten no fees allowed, they

It was resolved, are urged to support their dignity, but at the

That this meeting approves of the objects of same time to kiss the rod that is to scourge

the Metropolitan and Provincial Law Associathem- to strut about the courts with their tion, set forth, in the address of the committee gowns, mere shells, the kernels being removed. of management, and is of opinion that the time I sincerely trust the County Courts may prove members of the profession is imperatively re

has arrived when a general union of all the of service to the public, but unless attorneys are admitted, and small but remunerating fees quired, for the purpose of resisting further agare allowed them as a matter of right, I doubt gressions upon them. it. The wary will at all times overreach the

That the members of this society in their unwary, and I defy the judge to unravel the various societies throughout the country, be

As to Manchester the attorneys are too requested to submit the address to such gentlewise to adopt the gown; if retained by their men as may offer themselves as candidates at clients they will attend the court as now con- the next general election, to ascertain their stituted, but not unless they are retained, and views respecting the matters therein contained, their clients will not have less confidence in preparatory to the state of the profession being them, or less respect for them if they appear in brought before parliament. their black coats.

That the new association be recommended to “ AN OLD LAWYER."

the cordial support of the profession in this county, and that a donation of 251. in aid of

its funds be made by this society. ATTORNEY.-COSTS. A., kving within the jurisdiction of the Southwark Court of Requests, prior to the establish- Resolved,- That Mr. Crossley, Mr. Makinment of the New County Courts, was sued for son, Mr. Heron, (Town Clerk of Manchester,) a debt of 4l. odd, in the Court of Requests. Mr. Gibson, (Town Clerk of Salford,) Mr. His attorney advised him to defend the action, Allen, and the Hon. Secretary, be appointed a and that the Court of Requests had exclusive deputation for the purpose of submitting to the jurisdiction to debts of 51. A writ of trial was members for Manchester and Salford, the issued, and a verdict found for the plaintiff. address issued by the Metropolitan and ProIt appears that by a subsequent act, the superior vincial Law Association, and to request their courts had a concurrent jurisdiction, and which earnest consideration of the same. the defendant's attorney neglected to look at.

Is the attorney liable in damages to the defendant in consequence ?

Can the attorney, considering such neglect, recover his costs from the defendant ?

At a General Meeting of the Denbighshire L.

e We stated the substance of these resolutions on the 24th July, p. 295, ante.





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