1. Speedy.-A verdict having passed for the Scire facias.-Judgment.-Where executors plaintiff at the trial of this cause, which took move for judgment on the sheriff's return of place in the vacation, the judge granted a certi-"nil" to a writ of scire facias, the affidavit in ficate for immediate execution. The same day support of the application must state that prothe plaintiff gave notice of taxation of his costs, bate has been taken out. Vogel and another, and on the following day taxed them, signed executors of Ann Vogel, v. Thompson, 34 L. O. judgment, and issued execution: Held, on 232. motion to set aside the judgment and subsequent proceedings, that the plaintiff was regular in the course that he had pursued, and that he was not bound to take out a rule for judgment, or to wait four days before proceeding to sign judgment. Alexander v. Williams, 4 D. & L. 132. 2. Arrest after death of judgment creditor.A writ of ca. sa., issued in the life-time of the judgment creditor, may be executed after his death. Ellis v. Griffith, 16 M. & W. 106. Cases cited in the judgment: Cleve v. Veer, Cro. Car. 459: Thoroughgood's case, Noy, 73. 3. Married woman.-Where an action is commenced against a feme sole, who marries during the pendency of it, and the plaintiff obtains judgment against her in her name when sole, and she is taken under a ca sa. sued out See Sale. FI. FA. HABEAS CORPUS. Accused party.-Coroner.-Where a prisoner is committed for trial under a magistrate's warrant, on a charge of murder, quære, whether this court can grant a writ of habeas corpus to bring him before the coroner sitting upon the body of the deceased. Semble, per Coleridge, J., that they can. Such power will, at any rate, be exercised only where a case of necessity is shown. And this court refused the writ where the ground suggested was, that the party charged was to be identified before the coroner, and it was not shown that such identification could not be effected without producing the party. In re Cook, 7 Q. B. 653. [To be concluded in the next number.] S. J. Wm. Toogood (inj.) Johnson, Son, and W. Crowther, admor., &c.(inj.) Edwards and another, sur Prom. Campbell and A. Dt. Williamson and H. Dt. Helme and Johnson Pro. Burrell Pro. Carlon and H. Kearsey and Co. Pro. Bell Indt. Bourdillon and Sons Indt. Sandys and P. Pro. Freeman and B. The Legal Almanac, Year-Book, and Diary, Several complaints have been received for 1848, is in a forward state. Any further of the late or irregular delivery, and delay in information to be contained in it, should be the transmission by post, of The Legal sent immediately. The prospectus is now Observer. Our readers will please to notice ready. The service of H. T. H. will, we think, be deemed sufficient. The business he mentions seems not incompatible with that of a solicitor. The short interval once a week could not be objected to, and if it were, the intended extra service would amply make it up. that a change has taken place in the publishing of the work. Orders should now be addressed to Messrs. A. Maxwell & Son, Law Booksellers and Publishers, 32, Bell Yard, Lincoln's Inn. The work is regularly published at 9 o'clock on Saturday mornings, and will be sent by that day's post. The Legal Observer, DIGEST, AND JOURNAL OF JURISPRUDENCE. SATURDAY, OCTOBER 30, 1847. "Quod magis ad NOS Pertinet, et nescire malum est, agitamus." HORAT. OPERATION OF THE COUNTY, ingenuity manifested in construing the COURTS ACT. schedules and rules so as to multiply the number of payments-the indisposition to THOSE who have been vaunting of the relinquish the claim to a fee in any parsuccessful operation of the County Courts ticular case-and the sordid spirit displayed Act appear to have been somewhat pre- generally by the officers of every grade. mature in their announcements. The act Whether the complaints arising from this has not been long enough in force to have source are well or ill founded, they have given it a fair trial under any circum- become loud enough to reach the governstances, and the result, so far as the experiment; and we understand her Majesty is ment has been tried, can scarcely be con- about to issue an order, with the advice of her sidered matter for unqualified congratula- Privy Council, directing that fixed stipends tion. Indeed, when the evidences of shall in future be paid to the judges, clerks, success are inquired into, it will be found and bailiffs of the County Courts, in lieu of that they consist exclusively of a reference fees. By this proceeding, it must be adto the number of plaints entered and dis-mitted, the new courts will be placed on a posed of since the establishment of these better and more satisfactory footing, and a courts. The new tribunals, say their ad- scandal removed from the administration mirers, number their suitors by tens of of justice. thousands, and are, therefore, eminently The order for the substitution of fixed successful; and although many who argue salaries instead of fees is authorised by the thus have probably omitted to take into 39th section of the act, which provides,account the number of cases disposed of "That it shall be lawful for her Majesty, in the several Courts of Request, which with the advice of her Privy Council, to were abolished and the jurisdiction trans-order that the judges, clerks, bailiffs, and ferred to the County Courts, it must be officers of the courts holden under this act, admitted that, in one sense at least, the or any of them, shall be paid by salaries conclusion founded on an estimate of the instead of fees, or in any manner other multitude of suitors is not altogether ill-than is provided by this act." And the founded. The income of the various following section provides,-"That the officers connected with the County Courts greatest salaries to be received in any case has been heretofore derived from the pay- by the judges and clerks of the courts ment of fees, and, of course, the multipli- holden under this act shall be 1,2001. by a cation of plaints proportionably increased judge, and 6007. by a clerk, exclusive of the amount of their incomes. The adoption all salaries to his clerks employed in the of this objectionable and long condemned business of the courts and other expenses system, in relation to the officers of the incidental to his office with a proviso County Courts, has already created infinite that it shall be lawful for the Commisdissatisfaction. Statements, probably very sioners of her Majestys Treasury to much exaggerated, are current, as to the allow such sum as they shall in each VOL. XXXIV. No. 1,025. E E 606 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 1,2007. and 600l. per annum, respectively, be liable to a penalty of 50%. 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, howwhich 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 claims 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 instrumentality of another act of parliament. shall be entered stating the substance of the 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 Times, 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 51, 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. 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. A a 607 Operation of the County Courts Act.-Law of Landlord and Tenant. 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 conone equally well informed as to the facts, tract, and that in the common case of a and in a court where several hundred and delivery of goods constitutes a distinct shopkeeper and his customer, every order plaints are entered in a week, it may be 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 In fact, therefore, claims to any amount remembered, being at the command of the may be recovered in the new courts, only suitors, a proportion of whom, it is not unreasonable 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 prothat 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 require advice and assistance at every 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 disassistance, 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 them. Whether the remuneration should come wholly from the pockets of the unsuccessful suitor we shall not stop now to discuss. It is quite obvious that the in. adequacy of the fees now allowed to practitioners in the County Courts operates, in the great majority of cases, as a prohibition against the employment of professional assistance, and not only impedes the useful working of the act, but, to repeat the forcible language of the Times, renders the administration of justice in the County Courts" a mere delusion." any more than other judges, and it is quite plain that, acting independently of each other as they do, and having no opportunities for consultation or the interchange. of opinion upon points of difficulty as they arise, there can be no approach to uniformity of decision amongst this numerous body of judges, unless an appellate jurisdiction be established. That it will come to this may be pretty safely predicted. It is to be hoped the alteration will not be delayed until the administration of justice in the new courts becomes a bye-word. LAW OF LANDLORD AND TENANT. DETERMINATION OF YEARLY TENANCY. When this matter comes to be considered 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 20l. to divide his claim into separate parts, and bring distinct suits for the recovery of each part. The 63rd section of the act, (9 & 10 Vict. c. 95,) it is true, prohibits the division of "a cause of action" for the purpose of mul bell, 3 Wils. 308; 2 Blac. 827; Seddon v. • Upon the authority of Kitchen v. CampTutop, 6 T. R. 607; Lord Bagot v. Williams, 3 Barn. & Cres. 235; and The King v. The Sheriff of Hertfordshire, 1 Barn. & Adol. 672. |