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Operation of the County Courts Act. case deem reasonable to defray travelling penalty, we presume, is supposed to arise expenses, with reference to the size and under the 30th section of the act, which circumstances of the district.” It will be provides, that if the clerk or his partner observed that, although the maximum shall act as treasurer, or high bailiff, or as salaries of judges and clerks are limited to attorney for any party in the court, he shall 1,2001. and 600l. per annum, respectively, be liable to a penalty of 501. Now, whatthere is no specification of the salary for ever may have been the intentions of the the high bailiff, who, it is found in practice, legislature as to the employment of legal has very onerous duties to perform, which advisers in the new courts, we are by no frequently render it necessary for him to means certain that the superior courts of employ a number of assistants. We have law would hold, that a person filling up not yet learned whether it is intended to plaints for suitors in the County Courts did pay the bailiffs, as well as the judges and not act as an attorney for those suitors, clerks, by salary, nor have we heard and therefore the apprehensions of the whether it is proposed to pay the judges County Court clerks-even were they to and clerks in every instance the maximum fill up plaints gratuitously-may not be amount specified in the act. Considering, quite so absurd as it is supposed. We fully however, that the business of the courts concur in the conclusion to which the imperatively requires the exclusive atten- writer in the Times has come, that “a tion of those functionaries, the amount County Court professing to administer specified in the act can scarcely be deemed justice without professional intervention is extravagant in any case, and by substitut- a mere delusion, unless it contains within ing those sums for the fees, the emoluments itself, not only the means of cheaply and of both judges and clerks in many of the rapidly determining plaints, but of assisting metropolitan and other populous districts suitors in taking the proceedings that may will be reduced one half. The districts in be required." "If it were practicable, now. which there is the smallest amount of busi- ever, we can conceive no system more obness too, are, for the most part, those in jectionable than that of the public providwhich courts are holden at the greatest ing legal assistance and advice for suitors. number of places, and in those districts It would require a large army of paid there will necessarily be more time ex- lawyers, the estimate for whose salaries, pended in travelling than in more populous we fear, would not form the most popular localities. Perhaps, on the whole, it would item in the Chancellor of the Exchequer's not be either just or expedient to regulate budget. Every person conversant with the salaries of the judges or other officers the practice of an attorney knows, what by the amount of business transacted in lengthened communications it is often neeach particular district. The view which cessary to have, even with intelligent and her Majesty's advisers take on this point'educated clients, before the nature and will be best understood when the order is particulars of their clainis can be obtained published. It may be regarded as a with sufficient accuracy to justify the first fortunate incident that the advisers of the step in an action-the issuing of a writ of Crown are enabled to effect an alteration summons. The analogous proceeding in of this nature without legislative assistance. the County Courts requires, at least, as There are other amendments, however, much preliminary investigation. The 59th equally important and necessary, which section of the act provides, that the plaint can only be effected through the instru- shall be entered stating the substance of the mentality of another act of parliament. action, and thereupon the summons, stating
In a recent number (ante, p. 521,) we the substance of the action, shall be issued quoted a leading article from the l'imes, under the seal of the court; whilst the founded on a police case, from which it rules of practice for carrying out the act appeared that a poor servant girl had been direct, that where the claim exceeds 5l., defrauded of half-a-crown by one of the the plaintiff' shall deliver certain copies of harpies who swarm about the new courts the statement of the particulars of the deunder the name of agents, upon pretence mand or cause of action, one copy of which of assisting her to fill up a plaint for the is to be annexed to the summons. А recovery of a small sum due to her for person undertaking to fill up the plaint wages. It is stated, and we believe cor- and particulars of demand correctly, must, rectly, that “the clerks refuse to fill up therefore,! be fully possessed of the nature plaints, and declare they would be liable to of the plaintiff's claim, as well as of the a penalty for so doing." The liability to a precise items of which it is composed.
Operation of the County Courts Act.-Law of Landlord and Tenant.
607 This can only be obtained by a personal tiplying plaints, but the new judges have decommunication with the plaintiff, or some
cided, that the cause of action is the con. one equally well informed as to the facts, tract, and that in the common case of a and in a court where several hundred shopkeeper and his customer, every order plaints are entered in a week, it may be and delivery of goods constitutes a distinct conceived how large a staff of officers would be requisite to conduct this preliminary in: if he think fit, might enter a separate plaint.
cause of action, for which the tradesman, vestigation; the time of the officer, be it remembered, being at the command of the
In fact, therefore, claims to any amount suitors, a proportion of whom, it is not un- may be recovered in the new courts, only reasonable to suppose, may be stupid and taking care that the contract sought to be wrongheaded. It is not in the preliminary enforced by each particular plaint does not proceedings alone, however, that the suitor exceed 201. Be this right or wrong, if it requires assistance. A suitor-like the is to continue, is it not quite monstrous maid-servant whose case properly and pro- that a jurisdiction so extensive and imfitably excited our contemporary's atten- portant should exist without any power of tion—unacquainted with the law, the prac- appeal? The most able and experienced tice, and the forms of proceeding, would of the judges of the superior courts, sitting
at chambers or at nisi prius, constantly stage, and if these were given gratuitously fall into judicial errors, which are remedied at the public expense, they might and upon an application to the court sitting would be claimed by every suitor.
The in banco. As we have repeatedly had evil would be cruelly aggravated by the occasion to observe, a considerable proremedy suggested. It is not to the officers portion of each Term is occupied in the of the court the suitors must look for common law courts in entertaining and dis. assistance, but to professional advisers cussing applications of this nature. It is selected freely, and remunerated reason- not to disparage the judges of the County ably with reference to the time and atten- Courts to say that they are not infallible tion expended on the causes entrusted to any more than other judges, and it is quite them. Whether the remuneration should plain that, acting independently of each come wholly from the pockets of the un. other as they do, and having no opporsuccessful suitor we shall not stop now to tunities for consultation or the interchange discuss. It is quite obvious that the in- of opinion upon points of difficulty as they adequacy of the fees now allowed to prac- arise, there can be no approach to unititioners in the County Courts operates, in formity of decision amongst this numerous the great majority of cases, as a prohibition body of judges, unless an appellate jurisdicagainst the employment of professional as- tion be established. That it will come to sistance, and not only impedes the useful this may be pretty safely predicted. It working of the act, but, to repeat the is to be hoped the alteration will not be forcible language of the Times, renders the delayed until the administration of justice administration of justice in the County in the new courts becomes a bye-word. Courts “a mere delusion."
When this matter comes to be considered LAW OF LANDLORD AND TENANT. by those whose province it is to superintend the administration of justice, as we trust it may be before the next session of parliament, there is another branch of the The question whether a tenancy from subject which must not be allowed to year to year can be legally determined by escape attention. The avowed intention a notice to quit expiring at the end of the of the legislature was, that the County first year, or whether it enures for two Courts should not have jurisdiction in any years certain, is one on which great difcase where the subject matter in dispute ference of opinion has long prevailed. The exceeded 201. The act has received a point has been expressly decided by the construction, however, which enables a Court of Queen's Bench, in a case very plaintiff claiming more than 201. to divide his claim into separate parts, and bring distinct suits for the recovery of each part. bell, 3 Wils. 308 ; 2 Blac. 827; Seddon v.
Upon the authority of Kitchen v. CampThe 63rd section of the act, (9 & 10 Vict. Tutop, 6 T. R. 607; Lord Bagot v. Williams, c. 95,) it is true, prohibits livision of 3 Barn. & Cres. 235; and The King v. The “a cause of action for the purpose of mul- | Sheriff of Hertfordshire, 1 Barn, & Adol. 672.
DETERMINATION OF YEARLY TENANCY.
608 Law of Landlord and Tenant.--Publie Interference with Judicial Decisions. recently reported; and the judgment |have by express contract prevented such intimates that it was not unknown to the determination, as in various cases cited. court that its decision might appear to be Upon an examination of all the authorities, at variance with an impression which had the court declared, that “it would be previously prevailed in Westminster Hall, absurd in principle, and inconsistent with and which, perhaps, derived some counte- the nature of the contract, to hold that a nance from an opinion supposed to be en- tenancy exists from year to year, deter tertained by the late Lord Tenterden. minable by a half year's notice by either
The facts upon which the judgment of party, and yet to hold that neither can give the Court of Queen's Bench was founded such notice during the first year." Upon were shortly as follow :-The defendant these grounds, judgment was entered for (Smaridge) held a house and land under the lessor of the plaintiff in the action of an agreement with the lessor of the plain- ejectment. tiff, (Clarke,) for a term which expired at Lady-day, 1842. After that day, Smaridge PUBLIC INTERFERENCE WITH continued to hold without any express
JUDICIAL DECISIONS. agreement, and paid the accustomed rent due at Midsummer, which was accepted by Clarke. Before Michaelmas, 1842, Not satisfied with the power of taking Clarke
gave the defendant notice to quit the law into their own hands by acting proat Lady-day, 1843, and the defendant re-fessionally for themselves, there is a porfusing to quit pursuant to this notice, an tion of the public that would seem disaction of ejectment was brought.
posed to interfere with the office of the On the part of the defendant, it was judges. In a case of recent occurrence contended, that a new tenancy from year at the Westminster County Court, a de to year commenced after Lady-day, 1842, cision which we believe to be as strictly and that such a tenancy must necessarily legal as we are sure it was perfectly conbe for two years certain ; and in support scientious, has aroused the ire of some inof this view several cases were cited, which dividuals who bave got up a public meetwere afterwards disposed of in the judg-ing to call the judge to account for the ment of the court, upon the ground that in course he thought proper to follow. We all those cases it appeared either by the are not surprised that parties whom the pleadings or the evidence, that there was legislature has flattered into the belief an express contract, preventing the legal that they are fit to be their own profes determination of the tenancy at the end of sional advisers or advocates, should carry the first year.
The case of Bishop v. their ambition so far as to imagine that Howard was especially relied upon, in they ought to be their own judges. which Lord Tenterden appears to have dif- It is in the natural course of things that fered from, although he deferred to, the the public should fail in respect towards a opinion of the other judges of the Court of tribunal which the legislature has taken Queen's Bench.
care to deprive as far as possible of all The court, in noticing the case of Bishop dignity; for even the administration of v. Howard, observed, that it did not touch justice enjoys no exception from the rule the question when a yearly tenancy may that what is the subject of too much be determined, but only went to show that familiarity must become contemptible. by holding over and subsequent payment We must, however, protest, at the outset, of rent as rent, a tenancy from year to year against the incipient disposition manifested is created. Upon the principal point the to appeal to the mob of a public meeting court, after deliberation, laid it down as a against the decision of one of the County rule of law, that “a tenancy from year to Court Judges. Those suitors most distinyear is determinable by either party at the guished for their busy and meddling proend of any year, by giving notice to quit pensities may be always keeping up an half a year before the end of the year." indecent agitation on the subject of a legal There is no reason, it was said, why the judgment by which one of the parties must tenancy should not be determined at the necessarily be dissatisfied. We do not say end of the first year as well as the end of that the practice of establishing a sort of any subsequent year, unless the parties appellant jurisdiction at taverns or other
places of public resort would have any • Doe dem. Clarke v. Smaridge, 7 Queen's corrupting or intimidating influence upon Bench Rep. p. 957. c 2 Barn & Cre8, 100.
the gentlemen acting as judges of
Public Interference with Judicial Decisions.--Notices of New Books. the County Courts, but such a deplorable NOTICES OF NEW BOOKS. result would be possible, if the principle lately acted upon by the Westminster mal. A Selection of Leading Cases on Pleadcontents were not to be resisted. Those ing and Parties to Actions, with Practical who administer the law have a right to be Notes. By W. FINLASON, Esq., of the protected against impertinence which they Middle Temple, Special Pleader. Loncannot, consistently with their own dignity, don: Stevens and Norton, 1847. pp. either answer or take notice of. It has 271. been long the boast of this country that the judges are made independent of the principles of pleading as exemplified in
This work is designed to elucidate the Crown itself, and surely, if they may not be taken to task by her Majesty the Queen, tice. Mr. Finlason observes that
cases of most frequent occurrence in practhey ought à fortiori to be preserved from the dictation of his sometimes unreasonable " It is unnecessary to point out the advanmajesty the People.
tages incident to the plan upon which these Questioned, as it is, in a manner we well illustrated in the Leading Cases of the
have been composed; advantages, so wholly disapprove, we have not thought it late Mr. Smith. It was conceived that such a necessary to enter at all into the consi- plan (affording at once the best means of eluderation of Mr. Moylan's law, which has cidating principles, and of illustrating their given offence to those, some of whom -as practical operation,) would be especially applihe owed his present appointment to their cable with respect to pleadings in which the suffrages-must, we suppose, be called his principles and the practice are peculiarly assoconstituents. The danger and folly of ciated, and in which a work on such a plan making the office of judge elective, as it appeared likely to be of some use both to the
student and the practitioner.”
The author, in illustrating the system of
for money had and received, for use and occu
any reasonable grounds for believing that he had acted mode of pleading the usual defences in the
pation, and of debt for rent, together with the either partially or illegally, there are pro- latter actions, and in actions on bills of exper means for representing his conduct in change-the form of pleading certain defences the quarter qualified to deal with it; but partaking of the nature of accord, &c. the attempt to get up an excitement “ As it may appear that the notes extend to against him, through the medium of a a length not, in every instance, exactly propublic meeting, is so obviously indecent, portioned to the intrinsic importance of the that we cannot help suspecting motives has arisen not only on account of the reason
cases illustrated, it may be observed that this of private malignity. The Lord Chan-already referred to, but from an anxiety to cellor and the Secretary of State have, it elucidate thoroughly the principles involved, is said, received communications from Mr. and to render the notes as complete as possible, Moylan's assailants; but we are sure these by applying those principles to every practical high officers of state will support the judge question likely to arise.” of the Westminster County Court in a Mr. Finlason has also treated of that firm discharge of what he has reason for large amount of litigation which has arisen believing to be his duty. It is, at all events, on the liability of Provisional Committeemost unfair to endeavour to damage him men and the perplexing problem in that in general estimation at a public meeting, difficult department of pleading the parwhere an accurate estimate of all the cir- ties to actions. cumstances could not be formed, unless attention was drawn to all the proceedings are the following:
The " leading cases” selected by the author
Peacock v. Rhodes, Doug., 632.
JOINT STOCK COMPANIES.
610 New Statutes effecting Alterations in the Law.-Injustice of Conveyancing Stamps. Kearslake v. Morgan, 5 T. R., 513.
shares into which the same is to be diAgard v. King, Cro. Eliz. 775.
vided : Woods v. Duke of Argyll, 8 Jur. 62. And if the said company be dissolved, or be Lahe v. Same, 9 Jur. 295.
incorporated by act of parliament, or by royal
charter or by the Queen's letters patent, or be The notes are able and copious.
in any way withdrawn or supposed to be with
drawn from the operation of the said act, the NEW STATUTES EFFECTING ALTERA- promoters of the company shall forthwith give TIONS IN THE LAW.
notice thereof to the registrar of joint-stock companies.
6. If any alterations are made in particulars
registered, they shall be returned within a 10 & 11 Vict. c. 78.
month to the registrar, under a penalty of 201. An Act to amend an Act for the Registration,
7. That it shall not be lawful for the proIncorporation, and Regulation of Joint Stock moters of any company, or for any person Companies. [22d July, 1847.]
connected with any company, at any time be
fore such company has obtained a certificate of By the 7 & 8 Vict. c. 110, it is enacted, that complete registration under the said recited on the complete registration of any company act, to issue or publish or in any manner adbeing certified in the manner prescribed in the dress or cause or suffer to be addressed to the said act it shall be lawful for such company, public, or to the subscribers or others, any amongst other things, to purchase and hold prospectus or circular, handbill or advertiselands, tenements, and hereditaments in the ment, or other such document relative to the name of such company, or of the trustees or formation or modification of the company, trustee thereof, for the purpose of occupying containing any statement at variance with the the same as a place or places of business of the particulars which may have been returned to said company, and also (but nevertheless with the registrar of joint-stock companies under a licence, general or special, for that purpose, the said recited act or this acl, nor to issue, to be granted by the committee of privy coun- publish, or in any manner address or cause or cil for Trade, 'first had and obtained,) such suffer to be addressed to the public, or to the other lands, tenements, and hereditaments as subscribers or others, any such prospectus, the nature of the business of the company circular, handbill, or advertiserrent, containing may require : And whereas doubts have in any statements of particulars which are by the certain cases arisen as to the meaning of the said recited act or by this act directed to be said provision, and it is expedient that such returned to the registrar of joint-stock comdoubts should be removed, and that further panies, until such particulars have been so reprovision should be made as to the granting turned; and if any prospectus or circular, of such licences as aforesaid by the said handbill or advertisement, be issued, pubcommittee of privy council : Be it therefore lisbed, or addressed to the public, or to the enacted
subscribers or others, contrary hereto, any 1. That any company, having obtained cer- promoter of the company shall be liable for tificate of complete registration, being desirous each and every such issue or publication to of holding lands, may apply to the Board of forfeit any sum not exceeding 201. Trade for a licence, who may, if they see fit, 8. Penalties under this act to be sued for as grant the same.
under recited act. 2. That accounts of licences, renewals, extensions, &c., be annually laid before Parlia- INJUSTICE AND IMPOLICY OF CONment.
VEYANCING STAMPS. 3. That licences granted before the passing of this act be'deemed valid and effectual for the purposes therein expressed.
To the Editor of the Legal Observer. 4. That so much of recited act as requires We have several law societies (metropolitan the return to the office for registration of joint- and provincial) expending their energies in stock companies of a copy of every prospectus, attempting to effect reforms in our civil and &c., be repealed.
criminal jurisprudence, and that with regard 5. That in addition to the particulars which to "grievances” which are very difficult of the promoters of every such company as afore- remedy, inasmuch as they are the almost natusaid are by the said act required to return to ral products of extremely artificial agencies the said office for the registration of joint-stock employed in the maintaining a highly artificial companies, when and as from time to time state of society. they shall be decided on, such promoters shall The attention of these societies should be alsó return, and they are hereby required to directed to one grievance of considerable magreturn, to the said office, the following addi- nitude, affording a wide margin for alteration, tional particulars, so soon as the same shall be and to which, under a vigorous effort, there is decided on; (that is to say,)
good hope that they will be successful. I First. The amount of the proposed capital allude to the Stamp Act, 55 Geo. 3, c. 184. of the company :
" Monstrum horrendum," and of which we may Second. The amount and number of the truly say, “ lumen ademptum." To say no