608 Law of Landlord and Tenant-Public Interference with Judicial Decisions. 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 continued to hold without any express 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 deto 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 have got up a public meetwere afterwards disposed of in the judging to call the judge to account for the ment of the court, upon the ground that in all those cases it appeared either by the pleadings or the evidence, that there was an express contract, preventing the legal determination of the tenancy at the end of the first year. The case of Bishop v. Howard was especially relied upon, in which Lord Tenterden appears to have differed from, although he deferred to, the opinion of the other judges of the Court of Queen's Bench. course he thought proper to follow. We are not surprised that parties whom the legislature has flattered into the belief that they are fit to be their own profes sional advisers or advocates, should carry their ambition so far as to imagine that they ought to be their own judges. It is in the natural course of things that the public should fail in respect towards a tribunal which the legislature has taken 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. the gentlemen acting as judges of 2 Barn & Cres. 100. Public Interference with Judicial Decisions-Notices of New Books. the County Courts, but such a deplorable result would be possible, if the principle lately acted upon by the Westminster mal-A contents were not to be resisted. Those who administer the law have a right to be protected against impertinence which they cannot, consistently with their own dignity, either answer or take notice of. It has been long the boast of this country that the judges are made independent of the Crown itself, and surely, if they may not be taken to task by her Majesty the Queen, they ought à fortiori to be preserved from the dictation of his sometimes unreasonable majesty the People. NOTICES OF NEW BOOKS. 609 Selection of Leading Cases on Pleading and Parties to Actions, with Practical Notes. By W. FINLASON, Esq., of the Middle Temple, Special Pleader. London: Stevens and Norton, 1847. pp. 271. THIS work is designed to elucidate the principles of pleading as exemplified in cases of most frequent occurrence in practice. Mr. Finlason observes that cable with respect to pleadings in which the principles and the practice are peculiarly associated, and in which a work on such a plan appeared likely to be of some use both to the student and the practitioner." The author, in illustrating the system of pleading, has referred not only to the new rules and the decisions thereon, but to the earliest authorities on the subject. For this purpose he has resorted to the older reports and Year Books. He says, "It was deemed proper to confine this selection of cases to subjects of most common occurrence in practice; such as the nature and application of the action on an account stated, for money had and received, for use and occupation, and of debt for rent, together with the mode of pleading the usual defences in the latter actions, and in actions on bills of exchange-the form of pleading certain defences partaking of the nature of accord, &c. "It is unnecessary to point out the advantages incident to the plan upon which these Questioned, as it is, in a manner we well illustrated in the Leading Cases of the pages 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 suffrages-must, we suppose, be called his constituents. The danger and folly of making the office of judge elective, as it was by the act under which Mr. Moylan was originally placed on the judicial bench, might have been very awkwardly illustrated in this case, had a gentleman of less firmness occupied Mr. Moylan's present position. We think him perfectly right in declining to compromise the dignity of the office he holds by tendering any explanations to a self-constituted court of appeal, of whose incompetence and want of jurisdiction he must be thoroughly satisfied. Had there been any reasonable grounds for believing that he had acted either partially or illegally, there are proper means for representing his conduct in the quarter qualified to deal with it; but the attempt to get up an excitement against him, through the medium of a public meeting, is so obviously indecent, that we cannot help suspecting motives of private malignity. The Lord Chancellor and the Secretary of State have, it is said, received communications from Mr. Moylan's assailants; but we are sure these high officers of state will support the judge of the Westminster County Court in a firm discharge of what he has reason for believing to be his duty. It is, at all events, most unfair to endeavour to damage him in general estimation at a public meeting, where an accurate estimate of all the circumstances could not be formed, unless attention was drawn to all the proceedings and the whole of the evidence upon which his impugned decision was founded. "As it may appear that the notes extend to a length not, in every instance, exactly proportioned to the intrinsic importance of the has arisen not only on account of the reason cases illustrated, it may be observed that this already referred to, but from an anxiety to elucidate thoroughly the principles involved, and to render the notes as complete as possible, by applying those principles to every practical question likely to arise." Mr. Finlason has also treated of that large amount of litigation which has arisen on the liability of Provisional Committeemen and the perplexing problem in that difficult department of pleading-the parties to actions. are the following:- Egles v. Vale, 3 Croke, 69. 610 New Statutes effecting Alterations in the Law.-Injustice of Conveyancing Stamps. Kearslake v. Morgan, 5 T. R., 513. The notes are able and copious. shares into which the same is to be divided: And if the said company be dissolved, or be incorporated by act of parliament, or by royal charter or by the Queen's letters patent, or be in any way withdrawn or supposed to be withdrawn from the operation of the said act, the NEW STATUTES EFFECTING ALTERA-promoters of the company shall forthwith give TIONS IN THE LAW. JOINT STOCK COMPANIES. 10 & 11 VICT. c. 78. An Act to amend an Act for the Registration, notice thereof to the registrar of joint-stock companies. 6. If any alterations are made in particulars registered, they shall be returned within a month to the registrar, under a penalty of 201. 7. That it shall not be lawful for the promoters of any company, or for any person connected with any company, at any time before 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 act, 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 advertisement, 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 enacted 1. That any company, having obtained certificate of complete registration, being desirous of holding lands, may apply to the Board of Trade for a licence, who may, if they see fit, grant the same. 2. That accounts of licences, renewals, extensions, &c., be annually laid before Parlia ment. 3. That licences granted before the passing of this act be deemed valid and effectual for the purposes therein expressed. 4. That so much of recited act as requires the return to the office for registration of jointstock companies of a copy of every prospectus, &c., be repealed. 5. That in addition to the particulars which the promoters of every such company as aforesaid are by the said act required to return to the said office for the registration of joint-stock companies, when and as from time to time they shall be decided on, such promoters shall also return, and they are hereby required to return, to the said office, the following additional particulars, so soon as the same shall be decided on; (that is to say,) First. The amount of the proposed capital of the company: Second. The amount and number of the lished, or addressed to the public, or to the subscribers or others, contrary hereto, any promoter of the company shall be liable for each and every such issue or publication to forfeit any sum not exceeding 201. 8. Penalties under this act to be sued for as under recited act. INJUSTICE AND IMPOLICY OF CON- To the Editor of the Legal Observer. We have several law societies (metropolitan and provincial) expending their energies in attempting to effect reforms in our civil and criminal jurisprudence, and that with regard to "grievances" which are very difficult of remedy, inasmuch as they are the almost natural products of extremely artificial agencies employed in the maintaining a highly artificial state of society. The attention of these societies should be directed to one grievance of considerable magnitude, affording a wide margin for alteration, and to which, under a vigorous effort, there is good hope that they will be successful. allude to the Stamp Act, 55 Geo. 3, c. 184. "Monstrum horrendum," and of which we may truly say, “ lumen ademptum." To say no I Lectures at Gray's Inn.-Advocacy of Attorneys.-Registration of Attorneys. 66 611 ADVOCACY OF ATTORNEYS IN THE REFERRING to an article in our last num thing of the negative badness of this law, and the difficulty of its interpretation, take an instance of its positive injustice. I am concerned" for a party, suffering under the present very general epidemic,-shortness of cash. Three years since he mortgaged certain ber, p. 577, ante, relating to the recent change copyhold premises to secure £220; "the mort- in the law by which the insolvency business gagee died; his executors want to divide the under Lord Brougham's act has been transestate, and my client is now called upon to ferred from the Bankrupty to the Insolvent pay off the incumbrance. To do this, he is Debtors' Court, we have to notice the claim compelled to effect a transfer; and, in order to cover the expenses of the new transaction, and an arrear of interest, to borrow the further sum of £60, and charge new premises. Now just look at the table of fees, under 55 Geo. 3, aforesaid,- £ s. d. of the new mort which we expected would be made on the part of the attorneys to be heard in those cases in which they have been accustomed to appear before the bankruptcy commissioners, now transferred to the insolvency commissioners. In the matter of Mewburn, an insolvent, Mr. Lewis, the solicitor, appeared to oppose the | application. Mr. Commissioner Harris declined to hear him, observing that his learned brethren and himself had decided that no attorney could be allowed to act as an advocate in that court. Mr. Lewis, without commenting upon the decision of the court, begged to observe that he had offered a brief to counsel, who declined accepting it in consequence of the fee which they had fixed upon as their own rate of remuneration not being marked upon it. The Court observed that it had nothing whatever to do with the arrangements of counsel, and refused to listen to Mr. Lewis. £8 5 0 or nearly 15 per cent. on the further amount borrowed! this £8 5s. Od. (to say nothing of the sheep-skin) he has paid. Now add the solicitor's costs to the Chancellor of the Exchequer's; then tell your client, that when his six months' covenant becomes due, the Another question then arose. The amount same thing may again occur. I have known scores of small transactions like this one, in of the insolvent's debts was £467; but sets-off which the solicitor's fees have been volun- reduced it to below £300. The commissioner tarily reduced nearly one-half, and that prin- doubted whether the sets-off could be allowed cipally on account of the excessive amount of stamps. The Chancellor of the Exchequer any assessment in the amount of debt. The may depend upon it that it is a triangular evil, case was therefore adjourned to the 26th and also "robs him the exchequer;" for if instant, when the matter will be argued by excessive punishments amount to an abroga- counsel. tion of the enactment which inflicts them, so these excessive stamp duties have the like effect, by stifling transactions which would otherwise bring money into the treasury. Walsall, October 19.. J. P. LECTURES AT GRAY'S INN. REAL PROPERTY AND CONVEYANCING. We understand that the gentlemen of the bar, practising in this court, have arranged that the usual fee of two guineas should in the cases in question be reduced to one guinea. ANNUAL REGISTRATION OF ATTOR- THE Lecturer on the Law of Real Property it will facilitate the discharge of the duty of We have to remind the London agents that and Conveyancing will deliver his introductory the annual registration if they will now send lecture in Gray's Inn Hall on Thursday, the 4th of November, 1847, at half-past 7, and will continue the course of lectures, exercises, and examinations on every Monday and Thursday until, and inclusive of, Thursday, the 23rd of December next, at the same hour. a In some manors payable on each separate set of parcels..· in the declarations of their clients, and also their own. The examination of many thousand names will of course require a considerable period of time. The certificates are, to a certain extent, already filled up, but cannot be completed till the declarations have been actually left. An alphabetical list should accompany the declarations. . 612 Examina. of Attorneys.~Statutes of the Last Session-Superior Courts: Lord Chan. MICHAELMAS TERM EXAMINATION OF ATTORNEYS. The Examiners appointed for the examination of persons applying to be admitted attorneys, have fixed Tuesday, the 16th day of Nov. next, at half-past nine in the forenoon, at the Hall of the Incorporated Law Society, in Chancery Lane, to take the examination. The articles of clerkship and assignment, if any, with answers to the questions as to due service, according to the regulations approved by the judges, must be left with the secretary, on or before Tuesday the 9th Nov. Where the articles have not expired, but will expire during the term, the candidate may be examined conditionally, but the articles must be left within the first seven days of term, and answers up to that time. A paper of questions will be delivered to each candidate, containing questions to be answered in writing, classed under the several heads of-1. Preliminary. 2. Common and Statute Law, and Practice of the Courts. 3. Conveyancing. 4. Equity, and Practice of the Courts. 5. Bankruptcy, and Practice of the Courts. 6. Criminal Law, and Proceedings before Justices of the Peace. Securing Trust Funds and relief of Chancery Affidavit Office, c. 97 365 . 337 . 310 .366 414 RIOR COURTS. Each candidate is required to answer all RECENT DECISIONS IN THE SUPEthe Preliminary Questions (No. 1.); and it is expected that he should answer in three or more of the other heads of inquiry,-Common Law and Equity being two thereof. The number of candidates who have given notice of admission for next term, including those who have obtained leave to add their names, is 200 Of these, 41 have been already examined 41 The number remaining to be examined 159 But this will probably be largely reduced from various causes. THE LEGAL OBSERVER EDITION OF THE THE 26 Statutes effecting Alterations in the Law passed during the last Session, which have been printed verbatim in the present volume of the Legal Observer are as follow: Drainage of Land, 10 Vict. c. 11 Inclosure of Commons, 10 Vict. c. 25 Custody of Offenders, c. 67 c. 69 Juvenile Offenders, c. 82, Page. 94 120 313 Varty v. Duncan. August 3 & 4, 1847. MISTAKE. TAKING ISSUE PRO CONFESSO. Where defendant had obtained an order that the plaintiff should proceed to trial of an issue by a certain time, or that in default the issue should be taken pro confesso as against the plaintiff, and the plaintiff omitted, through mistake, to give notice in time of the trial, an order to take the issue pro confesso was refused, and an extension of the time for trying the issue was granted to the plaintiff. THE proceedings on the motion in this behalf before the Vice-Chancellor of England are reported ante, p. 407. Mr. Cooper, with whom were Mr. Walker and Mr. Elmsley, now moved for leave, which had been refused by his Honour, to make absolute an unsuccessful order obtained by the defendant on the 9th of February, 1847, to the effect that an issue, directed to be tried forthwith by an order of the 4th of November, 1846, might be taken, pro confesso, in favour of the defendant if the plaintiffs should not proceed to the trial at the Middlesex sittings after Trinity Term then next. The last-mentioned order was for a new trial of an issue which had been originally directed to be tried by an order of the 13th of December, 1844. Notice to proceed with such new trial forth339 with having been served by the defendant .392 upon the plaintiff, and the latter not having 236 . 286 |