CONTENTS. Page. NOTICES TO CORRESPONDENTS ................................................................... To Readers 105 105 107 109 110 111 requirements, so essentially incompatible in the liar from the witness-box, it would operate their duties, and, as respects the convenience to the exclusion of the virtuous, who have the of the Profession itself, so undesirable to be most cause to fear the consequences. In six 105 united, that under no circumstances would the months we should, indeed, see litigation very distinction be destroyed in fact, however it nearly put an end to, but only by the prefer106 might be abolished in name, it must not, there- ence which an honest plaintiff will give to 106 fore, be understood that we deem the present submit to wrong, rather than incur even the 107 mode of admission to either calling to be the hazard of having his reputation for life blasted 108 best possible. On the contrary, we consider by a prosecution for perjury. 109 it to be a matter that admits of reconsideration, 109 with a view to its better adaptation to the changed circumstances of the Profession. All that we contend for is, that they are two distinct branches of the Profession, having distinct duties, and that it is for the equal benefit of the suitors, of the Courts, and of the Lawyers themselves that they should be kept distinct; 113 by which we mean only, that every Lawyer 114 should make his choice which branch of the Profession he will follow, and having chosen, he should be limited to that branch, and not permitted to engage in the practice of the other, without the abandonment of that which he is pursuing. Late Cases on the Law of Landlord and Tenant COURT PAPERS 111 ..................113 113 114 114 ............................... 115 Co Readers and Correspondents. "AN ARTICLED CLERK."-Undoubtedly you may. But we are quite willing to review the regulations for admission to practise. We can discover no substantial reason why there should "L.A. B."-The subject scarcely requires a formon erister be any obstacle to a competent man passing at "W. B.'s" suggestion shall be considered. It is a matter on which great differences of opinion exist. SCALE OF CHARGES FOR ADVERTISEMENTS. For every additional Ten Words...... 0 0 6 We cannot undertake to return rejected communications. Whatever is intended for insertion must be authenticated any time from one branch of the Profession to the other. No person should be admitted to either without proving himself to possess considerable general knowledge and acquaintance with the law, combined with some pledge for good character. But, having proved this, and being thus declared to be a fit person to practise as a Lawyer, we know not why he should business of an Advocate and that of an not be allowed to make a choice between the Attorney; nor why, after having practised as an Attorney, he should not be permitted, upon proof of integrity as such, to join THE LAW TIMES SHEET ALMANAC FOR 1852, the faculty of Advocates, or wherefore, if a containing the Time Tables in Chancery, Com-man should fail as an Advocate, he should mon Law, Bankruptcy, and the County Courts; not be permitted to resign that office, and to Tables of Stamps, Taxes, &c.; Law Offices, practise as an Attorney. Such an alteration Distribution of Personal Estates, and other in existing regulations would effect all that matters required for ready reference in the could be desired, while it would maintain intact office, now ready, price 1s. or stamped copy sent free by post to any person enclosing thirteen the great principle of separation of functions postage stamps. which never can be united with advantage, but the union of which might be productive of mischiefs, as certainly it would of inconveniences. THE LAW TIMES. SATURDAY, DECEMBER 6, 1851. TO READERS. We cannot believe that the Judges have reflected upon all these fearful consequences, certain to ensue from the indiscriminate use made of the powers conferred by Lord CAMPBELL'S Act. It has grieved us to see the newspapers, usually so prompt to deal with defects in courts of justice, rather applauding, than questioning the propriety of, the proceedings. It very soon came to our knowledge, through the intercourse we have with the practitioners of the law, that suitors were already alarıned and beginning to hesitate about bringing or continuing actions, and that the most anxious to withdraw were those who had the most just demands, because they were persons of character, to whom the very possibility of having that character staked upon the chance opinion of a jury upon the relative value of their oaths and those of their opponents, with a prosecution for perjury as the punishment of the loser, was a hazard too great to be incurred for anything short of life or liberty. 66 But," it will be said again, as it has been said, “ you approve the power being given to the Judges, yet you complain of the manner in which they have used it. Is it to be an idle what cases are they to wield it?" weapon in their hands? If not, when and in This is a reasonable question, which we are bound to answer, and for that purpose we have given anxious consideration to the subject, in hope to be enabled to frame something like a definition of the class of cases in which a prosecution for perjury might properly be directed by the Judge. The rule appears to be as follows:-The Judge should direct a prosecution for perjury only where it appears in proof, upon the evidence given, that the witness has committed perjury. The proof should not be mere suspicion, but positive evidence of it, such as the Judge believes would satisfy a jury upon a trial for perjury, and This arrangement, however, involves another upon which they might lawfully convict. Nor as a necessary preliminary to it, namely, more is it sufficient that the Judge should be satiscaution in the admission of Attorneys. The fied that one of two witnesses has perjured present examination into legal acquirements himself; he should be satisfied by the eviAs the details of Law Reforms must, for a would not suffice; there must be some security dence that it was committed by the very long time to come, engage the most anxious for character and social position. Nothing witness whom he consigns to prosecution, and thoughts of our readers, and will demand re- would so much tend to the advantage of the this without reference to the verdict of the peated discussion in these columns, with a Attorneys themselves as some more stringent jury trying the cause before him. The Judge view to bring the experience and intelligence protection against the invasion of a class of mistakes his function if he supposes that, of the Profession to the rendering of them men whose malpractices affect the reputations because perjury must have been committed by both practical and safe, we have deemed of the whole body. Experience proves how some person, therefore he is to commit one or it desirable that the Lawyers in England very difficult it is to expel those who bring the other, according to the accident of a vershould be supplied with that of which disgrace upon a Profession. It would be far dict. His duty it is to be assured that perjury they are, for the most part, almost entirely the most easy and effectual course to prevent has been committed by a certain person, and ignorant-the procedure actually in operation their admission in the first instance. to commit that person; and we contend that in Scotland, many portions of which are said his assurance in a matter that involves such to be very superior to our own. With this fearful consequences to the parties should be view, a learned gentleman, familiar with the WE have observed with pleasure that the proof of perjury,-such as is sometimes seen in founded upon positive testimony-upon actual Law of Scotland, has undertaken the task of Judges have shewn themselves less hasty than courts, and to meet which cases it was that describing, in a series of articles, the legal at first in committing witnesses for perjury, the power was conferred upon him. tribunals of Scotland and their procedure, with because they chanced to contradict one ano- instance, when a witness makes a positive such facts and statistics as may help the ther. Had they not altered their practice in assertion of a fact, and is contradicted, not English Lawyer in his judgment of the pro- this respect, the consequences to the adminis- alone by the opposite assertion of another bable results of similar plans, if introduced tration of justice would have been very serious. witness,-mere oath against oath,—but by the here; and he has promised as much as possi-Not the wicked and the reckless only would testimony of many, or by confessions wrung ble to divest his descriptions of the peculiar have been deterred from going into the wit- from him on cross-examination, or by facts bable, consequences would have reasonably reasonable doubt; as, where one swears posiness box, but fear of the possible, nay pro- that confound him and prove his guilt beyond terrified the most honest. What man would tively that a certain sum of money was not paid ever offer himself as a witness, for the purpose to him, and the other side produces his receipt of furthering the ends of justice, if he is to be for it; or a claimant swears that on such a liable to the terrible visitation of an indictment day, at such a time and place, the defendant for perjury, because some other witness has purchased of him certain goods, and the detold a different story from himself? Who fendant proves that at the time named he was would be secure in such a position? So far from far distant. These, and a hundred similar being the terror of the vicious, and excluding cases that might be suggested, are manifest technicalities of Scotch Law, so as to make them readily intelligible to English Lawyers, employing, wherever it could be found, the equivalent word that is familiar to ourselves. The first of these interesting papers will be found below. THE PROFESSION. ALTHOUGH We hold the functions of Advocate and Attorney to be so different in their personal VOL. XVIII. No. 453. THE COMMITTALS FOR PERJURY. For of the reforms which I have sought to describe at A SKETCH OF THE SCOTCH LAW perjuries, which ought to be punished, and apt illustration for those who desire to bring the which the statute was intended, and is adapted, Profession into odium. The rule that requires the to reach. But never could it have been de- Barrister to take a brief only from an Attorney does signed to be applied where there is not positive undoubtedly operate very hardly in the case of poor evidence of perjury committed by the witness, prisoners. People of that class are often enabled to raise a guinea to fee counsel to defend them, who such as would suffice to convict him in a cannot raise another guinea for an Attorney, criminal court; nor to cases in which the ques-nor, indeed, in nine cases out of ten, is the instruction is not so much whether perjury was com- tion of an Attorney required for a defence; so that mitted by A., but if it was committed by A. or the cost is a needless charge, and practically operates B.-the said A. and B. not being put upon an to deprive the poor of the assistance of an advocate, equality at the trial of it, but the one who when their liberties are at stake—to them at least as chances to be the defendant having his mouth important an issue as are the fortunes of the rich. sealed, while that of the other is opened freely The loss to the Attorneys would be trifling in fact, to sustain at once his own reputation, and for in all cases in which a defence required pre- IT cannot be denied that the changes in our law paration, they would be employed necessarily; but, to destroy that of his rival by his own oath. If the Judges would lay down some such in the multitude of cases in which nothing is procedure at present so loudly demanded by the needed by the prisoner's counsel beyond a perusal public voice are in many respects both sweeping rule as we have suggested, and adhere to it, of the depositions, there can be no doubt that and inevitable. It is difficult enough even to meet the powers that have been conferred upon prisoners would desire the assistance of an advocate with those sufficiently tolerant to admit the neces them will be found to work beneficially for the were it not for the double fee enforced by the exist-sity of grave deliberation before we encounter the administration of justice; but if they proceed ing regulation. The abandonment of this, so much, abrupt transition before us. in the same manner as they have begun, the and, it must be confessed, so justly, complained of, consequences are fearful to contemplate; and would be a concession that the public would impressed with the importance of the matter applaud, as an earnest of a sincere desire for effective to the administration of justice, we repeat the reform, while the sacrifice would be extremely rule, that a prosecution for perjury should be trifling. directed only against a witness who has been proved to have been guilty of it by evidence which would be reasonably deemed sufficient to secure his conviction in a criminal court. Nothing short of this will give security to the honest and confidence to the timid, or prevent the law from becoming more the terror of the good than of the evil doers, as at this moment it has been made through the recent inconsiderate committals for perjury. LETTERS TO LORD CAMPBELL. BY THE EDITOR OF THE LAW TIMES. Untried and theoreti cal as many of the projects so warmly recommended are found to be, it might at least be expected that we should first exhaust the ordinary lessons which the faults and virtues of our neighbours inculcate. Of all the sciences none is more bebolden to the shaping hand of cautious experiment for the safety of its maxims, and for the success with which it Lastly, my Lord, a few words on the regulations for admission to either branch of the Profession. In a former letter I have submitted to your Lord-gropes its way to universal acceptation, than the ship, not the propriety only, but the positive advan- jurisprudence of a country. However late it may now be to regret that the present comprehensive tages, that would accrue to the Bar from the establishment of a stringent examination as a preliminary spirit of reform had not sooner exposed the re to a call. I am inclined, my Lord, to go further, ther unprofitable nor premature for us to cast our dundant complexity of our legal methods, it is bei and leaving to the Inns of Court the institution of an inquiry into the legal acquirements of the candi- eyes around, and try, even at the eleventh hour, to forecast a safer future by extracting and approdate, I would add, as the security for that general priating what is most valuable in the experiences of knowledge which is as necessary to the Advocate as knowledge of the law, the further condition of It is not a little remarkable that, while our degree at any one of the Universities in England, vaunted system of special pleading is crumbling Scotland, or Ireland, empowered to grant degrees. about our ears-while the banns of the long fore This would secure that which I am sure your Lord-seen union of Equity and Common Law are only at ship's long experience will have satisfied you to be an length in haste to be proclaimed, and the fearful gentlemanly feelings, manners, and tastes, wanting essential qualification for the office of Advocate, strides of the County Court principle are curdling which, our Courts would cease to be arenas for the conflict of intellect and become a stage for brawling a and abuse. other countries. These circumstances MY LORD, Very little remains for the complethe blood of those who have grown grey and tion of a task which I commenced with the purpose sublimer pedantries, there has been flourishing next only of indicating a few of the most prominent reforms desired by the Profession in the administration door a code in which all these points of the coming of justice through the Courts of Common Law, but charter have been embodied and kept in active play which, having attracted a great deal more of interest And, my Lord, inasmuch as the sustaining of the for centuries, and which still exhibits no symptoms than I had ventured to anticipate, I was induced to character of the Attorney is of vast moment to a of dissolution. In Scotland we may see the timeexpand into proportions that have assumed some- community such as ours, in which he must neces- honoured union of Law and Equity administered thing of the shape of a systematic scheme of reform. sarily occupy a very important position as the by one tribunal,-where special pleading is not And now that it has been submitted to the con- general adviser and agent of his client, not merely made the medium through which every fact must sideration of the Profession, and very critically in law, but in all those matters in which busy men be arrived at, and where the County Courts examined by both its branches, I may assure your need the heads and hands of other men to conduct have, after a hundred years' growth, attained Lordship that its most prominent features have them through their difficulties, and to manage a comprehensive robustness of which at prereceived their almost unanimous approval; that if affairs for which themselves want both the leisure sent we scarcely dream. embodied in the form of a Bill, and presented to and the experience, I trust that some further secuare too little known among English lawyers, who Parliament, it would receive the active and energetic rity may be devised for the protection of that have hitherto counted that country as a terra incog support of the Lawyers within and without the branch of the Profession against improper admis-nita in legal procedure-where monstrosities of all Legislature, and that we all of us look with great sions to it. I have no complaint to make of the kinds abound-where jury trial is not venerated as anxiety to your Lordship, as the Chief of the legal examination to which candidates are now a national bulwark, and litigiousness is so rampant Common Law Courts, to be the representative in subjected. But knowledge of the practice of the that four-fifths of the appeals from the United this matter of the opinions aud wishes of the Pro- law is not all that is required in an attorney. He Kingdom are bred in its forensic swamps. Yet fession, and, whatever may be the course taken by is in fact much more than the legal adviser of his essentially as the legal systems of the two cout the Government, to shew to the world that, if there clients; he is usually the guardian of their pro- tries differ in many respects, it seems suficiently be not an effective reform, it will not be from obvious that at the present time it may be wort hostility on the part of the Lawyers, but that its our while to study a little the peculiarities, or even emasculation will be in defiance of our opinions and the eccentricities, of our neighbours, in the hope of extracting some consolation for ourselves. Itisor a full century since Lord HARDWICKE expressed wish to see one uniform law pervade the three kingdoms-a hope which our long-headed felon subjects beyond the Tweed insist will be realised when we assimilate our system to theirs. As they gave us a King, they seem inclined to favour us also with a Law; and however unpalateable be the prospect, there can be little doubt we are now veering more to them than they to us. We may at least desires. In addition to the suggestions I have already submit ed, for the improvement of some of the internal regulations of either branch of the Profes sion, two or three more remain to be noticed. a perties, the keeper of their consciences, the protector of their families. A man who employs an Attorney as often retains his honesty as his ability. This is the case with no other profession. Yet, while we have some security for competency as respects knowledge, there is none for character. Now, my Lord, I am well aware that it would be impossible to institute an examination into a man's A great contest, my Lord, is now going on as to honesty. But there is attainable something that the proper limits of the respective functions of would tend to the same result. We might see that Barrister and Attorney-a lamentable and dangerous we have those circumstances which are found in quarrel at any time—but at this moment, when a practice to be the best security for good conduct, common enemy threatens both with destruction, viz. mental cultivation, and a position in the world, nothing less than suicidal. In this controversy I which all men who possess are most loath to take a hint or two from their most obvious excel have sought to counsel mutual respect and mutual sacrifice. Therefore, my Lord, I would add to the lences; and at a time when we are driven back to forbearance, and have opposed any trespass by the present examination of the Attorney in legal know- first principles, and forced to put to sea in ber Bar upon the province of the Attorney, or by the ledge a further examination as to his general know-parchment craft, to drift we scarce know whither, Attorney upon the province of the Bar. But that ledge, requiring of him a certain standard of in- it is barely possible that a timely inspection of a we may preserve what is good, we must resign formation, which should imply either a good legal economy so widely differing from our on, whatever there is that gives just cause of offence. education at school, or much self-instruction, and may reflect new lights on our battered constitution With this intent, I proposed in my last letter that the of which an essential portion, for reasons which I and help to rekindle the pride and self-reliance of Bar should revise some of its rules, especially in have not space here to specify, should be the attain- other days. relation to the return of fees where services are not ment of a certain amount of classical acquirement. rendered, and the acceptance of briefs when there of a It is with the view of calling the attention of our is little chance of being enabled to conduct them, leading feature Thus would the character of the class be raised, readers, more systematically than has hitherto been In pursuance of the same policy of concession to against the admission of a certain class of men who that distinguish the Scottish procedure from few reasonable requirements, I would earnestly suggest do now find their way into the Profession, and by own, that we have been induced to draw up a few laxing, by mutual consent, one of their regulations, Law is made odious. to explain, as minutely as is necessary for our pur which is really a grievance, and often serves as an In my next I will present in one view a summary pose, what points of that system we think it worth our while, as law reformers, to canvass,-whether with a view to avoid the evils, or accept the advantages, which their imitation here may be likely to induce. We shall accordingly devote our first attention to the COUNTY COURTS OF SCOTLAND. The establishment of provincial courts on their present basis in Scotland was due to circumstances very different from those which only recently gave rise to similar institutions here. Each county there from the thirteenth century has possessed a sheriff, who was not, as in this country, a mere minister of the law, but a judge of high authority, exercising a jurisdiction, both civil and criminal, which was all but supreme. Indeed, so unlimited was this sway in former times, that the most powerful noblemen in that aristocratic country used to be invested with the freehold of the office, which was transmissible by descent, and transferable by sale, or legal attachment, like other patrimonial possessions. It is needless to say that such a tenure was the prolific source of mischief. The rebellions of 1715 and 1745 brought to light evils which arrested the attention of Parliament, and led at once to the final abolition of all heritable jurisdictions in Scotland. Lord HARDWICKE had the merit of being the prime mover in this important law reform, and it was under his advice, and with his co-operation, that the Sheriff Courts of that country were taken out of the hands of a nobility, all but irresponsible, and put on their present basis. It was thus under a statute (20 Geo. 2, c. 23) in 1748, nearly a century before the County Courts in England saw the light, that the Sheriff Courts of Scotland began their career, in which they have continued to the present day, somewhat modified by time in their procedure, but always highly popular, and now quite indispensable, as part of the institutions of the country. nor attorneys are allowed, and where there is no Where the sum demanded by way of debt or In our next article we shall shew who are the judges and the practitioners, and what are the pleadings used in these courts, and give the statistics which demonstrate their popularity. THE MAGISTRATE, AND PAROCHIAL AND MUNICIPAL LAWYER. Summary. When the hereditary character of the office was changed in 1748 into a tenure of good conduct for life only, the judge who was appointed by the Crown to discharge the judicial and other duties was called the Sheriff Depute, who thenceforth was required to be a member of the Bar, and whose qualifications we shall afterwards more particularly notice. Suffice it to say, in the meantime, he enjoyed his office as judges now do, ad vitam aut culpam, and when we use the designation of Sheriff THE Municipal Corporations Act has been Depute, or Sheriff, as he is popularly called, it will producing its usual crop of litigation during be understood we mean the individual who cor- the last Term, growing out of local feuds, inresponds to what is here called the judge of the County Court. We shall now, therefore, state what dulging themselves in the luxury of mutual is the extent of the power confided to these courts. annoyance through the medium of the law, We need not concern ourselves with any part of and the costs consequent thereon, for no other the jurisdiction, except what is strictly of a civil satisfaction than costs usually comes of it. nature; for though a Sheriff Court in Scotland is a The elections of the municipal officers afford a very comprehensive tribunal, administering at once wide field for this sort of litigation, and conCivil, Criminal, Ecclesiastical, and Admiralty Law, sequently there are daily rules against mayors, as well as Equity, we are only materially concerned assessors, and town-clerks, for alleged admisat present to point out that part which runs parallel sion or rejection of burgesses, or asserted miswith our own County Courts. In doing so, how- conduct in the revision of the lists. A great ever, it must be premised, that the distinction number of such rules nisi have been granted between Law and Equity is unknown in Scotland, during the last Term. In Reg. v. The Mayor, and the Supreme Courts there administer both in- &c. of Hartlepool, 18 Law T. Rep. 111, the differently. This characteristic, accordingly, runs through the provincial courts in the same manner. that a claim to be on the roll of burgesses is question was at once decided, it being held It must thus be kept in view, that whatever suit or proceeding would have been competent in a Court not void ipso facto, because the initials of the of Equity, in reference to any property falling Christian name fonly are signed; but if eviwithin the jurisdiction of a County Court here, dence be given of what the names really are, would, in a great measure, be competent in the the assessors are bound to act upon it and insert them. In Eaden v. Cooper, 18 Law T. Rep. 108, the Court of C. B. has appeared to recognise the power of the revising barrister to amend the description of the property in the list of arrangements connected with the prison which had "Description of Prisoners:-1st. During the has a most beneficial influence on their characters and dispositions, and is essentially necessary, not only as a preparation for their subsequent detention in an invalid prison in this country, but as being calculated to promote the public interests, as well as their own, when they are released in this country. In addition to the prisoners received in the ordinary course to undergo their first period of probation, a few have been returned from Portland prison and the Hulks to undergo a second probation in separate confinement, in consequence of their misconduct, or from having been found unfit for association with other prisoners. upon the county prisons requiring them to be re"Periods of Detention.-Owing to the great pressure lieved of their convicts, and other causes over which the directors had no control, a greater number of prisoners were in the last year passed through Pentonville than in former years, and consequently it has not been possible to retain them in separate confinement for the full regulated period of one year, but the average period of confinement in this and other prisons conducted on the same system has been about eleven months. "Disposal of Prisoners on Removal.-The prisoners have been disposed of on public works, under removed to undergo the second probationary period the existing regulations, in the following manner :To public works at Portland, 192; ditto at Woolwich and Portsmouth (hulks), 225; ditto at Dartmoor, 60; ditto at Bermuda, 109; ditto at Western Diemen's Land. Australia, 24. In addition to the above, 4 have been embarked with tickets-of-leave direct to Van same Sheriff Court there, where the common law right was adjudicated upon. With this important addition, the jurisdiction of these Sheriff Courts may be stated to be perfectly unlimited in all personal claims and actions. Any amount of property, other than real, may be dealt with effectually before claimants to vote in boroughs, by adding the class' existed, in which were placed such prisoners the County Court judges of Scotland. name of the parish. PENTONVILLE PRISON. Having thus seen that there is no limit to the jurisdiction in personal actions, we are now to consider in what cases an appeal lies against the judgments given; and here it will be seen, that it has REPORT for the year 1851, of the directors of the always been a settled principle in Scotland, that the convict prisons, made, as regards Pentonville Prison, litigants ought not to be restricted in the right of in pursuance of the Act 5 Vict. c. 29, s. 13; speciresorting to a Court of Review. A statute com-fying the state of the buildings, the behaviour and paratively recent, however (6 Geo. 4, c. 48, and conduct of the officers of the prison and of the con10 Geo. 4, c. 55), was passed, for the purpose of victs, the amount of the earnings of the convicts, imposing a check upon this right, and whenever a and the expense of such prison; and such other trifling amount was in dispute, and since that, all matters relating to the discipline and management cases under 81. 6s. 8d., exclusive of costs, are dealt thereof as they shall deem expedient, or the Secrewith in a summary manner, and disposed of finally.tary of State shall direct :The sheriff, for the sole purpose of meeting these "45, Parliament-street, February 1851. "In our last report, dated February 25, 1850, cases, goes on circuit through all the small towns previous to entering into detailed observations reand villages of his county, where the parties are specting the particulars which the Act of Parliament heard almost at their own doors by themselves or especially requires to be noticed, we deemed it our their families, viva voce,-where neither pleadings duty to draw attention to some alterations in the : "Arrangements for Reducing the Expenses of the Establishment.-We have been enabled to keep down the expenses by employing well-conducted prisoners, who have passed some time in the prison, as cooks, bakers, and cleaners, in removing stores, and performing other offices of a like nature. These prisoners are grouped in small parties, seldom exceeding three in number, always under the eye of an officer, and subjected to rigid discipline. Formerly a garden as, in the opinion of the medical officer, required a degree of association and more air and exercise than was afforded to ordinary convicts; but, by employing this class of invalids in the manner referred to, we have been enabled to discontinue the garden class and to dispense with the services of the officer who had charge of it. In our last report we stated that the regular employments of the prisoners would be confined to cotton and cloth weaving, mat weaving, shoemaking, and tailoring; and these inay now be termed the staple trades carried out in the prison. We have, however, temporarily made use of the services of several carpenters, smiths, masons, and bricklayers, previously competent to work at their trades, in carrying forward the various repairs and alterations which have recently been made in the buildings, and have thus been enabled, at a very small cost, to extend the accommodation of the prison. The prison linen is now washed and mended entirely by convicts, which has elected a further saving, and a description of employment has been afforded, the knowledge of which may hereafter 1847. WINDING UP. two months at Pentonville when his insanity became In the same case there was shewn an evident manifest. desire to relax the strictness of the decisions "Religious and General Instruction.-The system with respect to the compelling companies to of religious and general instruction is conducted on make all their lines or the whole of a line. the same plan and to the same extent as when we £33 7 4 £28 14 7 £23 19 7 £20 6 6 made our last report. The first class, comprising The remarks of the Lords Justices on this prisoners who are already advanced to a certain ex- should be read by those interested in railways. “It will, Sir, be satisfactory to you to observe that tent in knowledge, do not receive the ordinary school Again the Consolidation Acts have been we have been enabled, within the last two years, instruction during the day, but it has allowed to it litigated. In Davis v. The South Staffordshire greatly to reduce the expenses of the establishment; two hours every evening for the purpose of reading and we may confidently state that this has been and general improvement. The second class has Railway Company, 18 Law T. Rep. 110, an effected without in any degree impairing its practical four hours' collective instruction once a week; and umpire had been appointed under the prousefulness or efficiency. We now proceed to notice the third class, which consists of prisoners visions of the Lands Clauses Act, and the the usual topics, as required by Act of Parliament. of the lowest attainments, and is divided into arbitration was held in Staffordshire. The "State of the Buildings.-The buildings through- three parts, has, on the average, six hours' in umpire made the declaration required by the out are in substantial repair. During the last year we the week school instruction. Both the latter Act before a metropolitan police magistrate. have been enabled to complete cells for the reception classes are allowed the same hours in the evenof 24 additional prisoners. The smiths' and carpening as the first class, viz., from seven till nine o'clock. On an objection taken to this, it was held to ters' shops have been enlarged. Ventilators have The present arrangement has now been in operation be immaterial where the declaration was made. been fixed to the windows of all the cells, providing about two years, and there appears reason to be for the admission of a greater quantity of fresh air satisfied with it. We regret to observe that the without affording increased facilities for communi- chaplain does not report upon the educational procation between the prisoners. gress of the convicts during the past year as favour- ANOTHER remarkable illustration of the utter unfitably as in former years, but this we are disposed to ness of the Winding-up Acts for dealing with the attribute to a temporary inadequacy of means arising affairs of the projects for companies is aforded by from the misconduct of one of the school-masters, the proceedings last week reported as taking place whom it was necessary to dismiss, and whose place before the Master in the case of the Direct Erster it required some time to fill, causing the burden and Plymouth Railway. It seems that the various of teaching to fall upon the remaining two school-decisions as to non-liability had reduced the list of "Concluding Remarks.—While we are thus able contributories to some six or eight of the managing "Conduct of Officers.-The conduct of the officers to report favourably of the discipline and general committee. The costs of winding-up were 1,!! generally has been satisfactory. arrangements at Pentonville Prison, as being adapted The official manager had been cast in a suit and "Conduct of Prisoners.-The conduct of the pri- to correct and reform the convict, there is one im- ordered to pay costs, which amounted to 2794., for soners during the past year has been, upon the portant point in which it appears to us that some which he was threatened by the other party with whole, satisfactory. The number of punishments for alteration might be effected with a beneficial result. immediate proceedings. There were no assets. In prison offences has, in a trifling degree, exceeded We allude to the advantage of affording some addi- this dilemma he applied to the Master to make & those of 1819, but they do not quite equal the tional stimulus to exertion and industry on the part call of 4007. on each of the few contributories, punishments inflicted in 1847. With respect, how-of the prisoners. This plan has already been brought They had all very properly refused to pay former ever, to the number of prisoners who were pu under your notice; and our attention will continue calls, because a call must not be of one equally nished, we are glad to observe that they are to be directed to it, with a view to obtain your sanc-divided sum, but upon each according to the extent not more than those who were punished in tion to some practical measures for its adoption. the course of some of the years since the opening "We have the honour to be, sir, your obedient of the prison, and that, of a prison population servants, "J. JEBB, amounting to 1,223, as many as 996 prisoners escaped punishment altogether. At the ordinary inspections, by a director, of the prisoners in their cells, there has been almost a total absence of complaint. Among the prisoners placed in association for the general service of the prison, the offences have been remarkably few. An escape was effected during the year by a prisoner, which calls for some "The separate airing-yard, on the south side of the prison, which from its form was inconvenient, has been removed, and it is proposed to convert the space into an open airing-yard, with a view to give each prisoner a greater amount of daily exercise, as recommended by the select committee of the House of Commons on prison discipline. Minor alterations are noticed in detail in the governor's report. masters. D. O'BRIEN, of his individual liability; that is, for the orders he had himself given or joined the others in giving, so that the case of each contributory stands by itself, and is to be estimated on its own facts and calcula tions, and unless this is done with perfect correctness-a task as difficult as the cutting of the pound of flesh, "neither more nor less, but just a pound" the call will be bad. The Master sympathised with the unfortunate position of the official LIABILITY OF ASSIGNEES TO POOR RATES.-A case has been heard at the Borough Court which will be of some interest to assignees of bankrupts. It was a proceeding against the assignees of the estate of Jonathan Chew, a bankrupt, by the overvigilance of the officers during divine service on the 5. 11s. 4d. for poor rate in respect of a warehouse been decided what sort of a call he might make, observation in this report. He contrived to elude the seers of the poor of Manchester, for the recovery of manager, but refused his request, until it had evening of the 1st of December; and in the dark, in Canon-street, occupied by the bankrupt up to his whereupon it was intimated that the official manager owing to an extraordinary combination of fortuitous bankruptcy. Mr. Monk, barrister, instructed by would be compelled to date his communications circumstances, he, with singular personal hardihood Mr. W. Heron, appeared for the overseers; and Mr. from the other side of the water! What a comand a reckless disregard of peril to life and limb, was Janion, solicitor, for the assignees. Chew was de-mentary upon the law! What an appropriate fasle enabled to break out of the prison. He has not clared a bankrupt on the 38th of June, 1851, and the to a litigation which was as iniquitous in its insince been retaken. After a careful investigation possession of the warehouse was taken on that day by ception, as it has proved to be disastrous in its prointo all the attendant circumstances, as well as into the messenger, who slept on the premises, and lived gress. It threatened wide-spread ruin; it ends the previous life and habits of the prisoner, the di- there till possession was given up. The warehouse with the flight of the officials to whom the execution rectors have come to the conclusion that he effected was closed for the transaction of business, but the of the impracticable law is intrusted! It now only his escape without collusion or connivance on the messenger remained in it in possession of fixtures, remains to hope that the loss will fall on the right part of any of the prison officers. &c., belonging to the bankrupt's estate, up to the shoulders-on those who, for their own purposes, 17th of October, 1851, on which day the goods were sold by private contract, and possession of the provoked the litigation that is recoiling upon themselves. mises was given up to the landlord. The rate was made in June, before the date of the petition, and the overseers now claimed from the assignees Company, 18 Law T. Rep. 102, the Master of the 51. 11s. 4d., which accrued during the time the Rolls refused a reference to the Master, as there assignees remained in possession of the warehouse. had been undue delay in making the application The assignees had paid rent to the landlord up to And in the same case he decided that, to enable s 29th of September, but not subsequently. Mr. company to be placed under the Winding-up Acts. Maude said it appeared to him that the assignees it is not necessary that the judgment-creditors sek were not mere care-takers of the goods, as the law E. W. C. vested in them a property, and they were in facting payment of their debts should be in a position trustees for the creditors; and, in point of law, owners. They might, if they had chosen, removed these goods at once; and, if they did not do so, he EASTERN COUNTIES AND SOUTHEND JUNCTION. thought they had a beneficial occupation. A bene-On Monday Mr. Wordsworth, as counsel for st ficial occupation did not require to be a profitable Ewart, the official manager, applied to the Master ones. He thought that the assignees had a bene- the secretary to this company, and other generat as a protective occupation by a servant was bein Chancery, Sir W. Horne, to have Mr. Causten, ficial occupation, and were therefore rateable. who had signed for a certain number of shares, what Manchester Guardian. "Health and Mental Condition of the Prisoners.It has been already observed that all convicts under sentence of transportation now undergo a period of separate confinement, irrespective of the term of their sentences or their ages, provided their health be sufficiently good to bear it; whereas the former body of prisoners were especially selected for Pentonville. It is, therefore, evident that the prisoners admitted under the present arrangements must be, on the whole, inferior to their predecessors, both physically and mentally, and a greater extent of sickness and mortality cannot but be expected. Keeping these facts in view the directors regard the sanitary condition of the prisoners during the last year as satisfactory. Though the tables in the appendix shew an increased mortality, the explanation of the medical officer appears sufficiently to account for it. He remarks An unusual proportion of prisoners, who had been recommended for pardon on medical grounds, were necessarily retained to die in the prison, from the inability of their friends to support them. Thus, of the six prisoners who died, four were so cir pre In Re The Cameron and Coalbrook Steam, &c. to sue out execution. cumstanced, and by this accidental cause the num- JOINT-STOCK COMPANIES' LAW stamped, was not a legal instrument, that it bore JOURNAL. was alleged to be a deed of settlement, placed on the list as liable. Mr. H. Harris, on behalf of these gentlemen, contended that the deed, being unber indicating the mortality is raised, and the numno date, and was all along treated as valueless by ber pardoned on medical grounds proportionally the company, and that none of the shares signed f diminished. But if the deaths and pardons be had, in fact, been allotted. Various documents taken collectively, and a deduction be made for IT will be seen that the Lords Justices have that 2, the cases left from last year, we shall find dissolved an injunction, which had been granted were to be presented to the projectors of the col that s that there is an actual decrease of 48 per cent. of in the court below, to restrain the application for bringing the scheme before the world, the com deaths and pardons on the annual population in of funds to the making of one only of three quarter's rent still remained due for re Master said it favour of the present year; and on the daily average railways, where by three different Acts of Pany's offices in Broad-street. The Master said it number a decrease of 52 per cent.' Five cases of insanity occurred during the year. Of these, two a was empowered been done, was evident, from the proceedings that a great deal were of unsound mind before admission; another was make three different lines, and raise three and that a set of persons with a secretary liable for known to have been odd and eccentric" before he sums for that purpose, a subsequent Act de- the part they took in the transactions ather peoples Kas received; he has since recovered and been re-claring it to be one any ghent Artving tended to act through the medium of ed er igat moved to the colonies. Of the remaining two, one been issued for raising the whole capital for money, and who had evidently affixed their signa was eight months in Pentonville prison, several years at Bermuda as a convict. Of the other intentions tures to this deed, for which he must hold them insane prisoner nothing is known; he had been only son v. Earl of Powis, 18 Law T. Rep. 103.) hand, or inducing the Queen's subjects to become E DEC. 6. members of the company. Looking at all the circumstances of the case, he must hold these gentlemen liable under the Act, for the consequences incurred under their own hand and seal.-Times. GREAT WESTERN EXTENSION ATMOSPHERIC RAILWAY.-The proceedings connected with the settlement of this company's affairs have been transferred from the office of Sir W. Horne to the offices of Master Senior. In the former they were perfectly open to the public and the press; in the latter they appear to be closed. Yesterday the Master directed that the liabilities of the company should be investigated, and that a new solicitor should be appointed for the purpose, in lieu of the late solicitor, who is not forthcoming.-Times. EASTERN COUNTIES AND SOUTHEND JUNCTION RAILWAY.-On Monday a long argument was held before Sir W. Horne by Mr. Selwyn and Mr. Pryor on behalf of the official manager, and by Mr. H. Harris for shareholders, on the validity to bind the shareholders of the company's deed, which appeared to be without stamps, with unattested signatures, unsigned by the trustees, and informal in other particu lars.-Times. company. THE LAW TIMES. PETITIONS, ORDERS, MEETINGS, AP- Order to dissolve dated Nov. 25. REAL PROPERTY LAWYER Summary. whether they should be allowed where the Heslop v. McGeorge, 18 Law T. Rep. 109, was a point of practice in Interpleader. A third party claiming goods taken in execution, an interpleader summons was issued. The claimant, as required by the Act, delivered a particular of the goods claimed, not specifying them individually, but claiming generally all the goods possessed by the defendant, and stating his title. It was objected to this, that the notice ought to state specifically the goods claimed, and set them out in an inventory or schedule. But WIGHTMAN, J., in the Bail Court, held this not to be necessary, and that the particular was sufficient, as indeed a former case (Reg. v. Richards) had already decided. COUNTY COURT HOME CIRCUIT. Bishops Stortford, Monday, Dec. 8, at 10. THERE is a curious class of trusts, known by the name of precatory, in which property is bequeathed for purposes not expressly declared by the will, but left more or less to the discretion of the trustees. These necessarily lead to much contention, and difficult and From the Insolvent Court there is a report LONDON AND BIRMINGHAM EXTENSION RAIL- delicate questions, in the which the Equity WAY.-Wednesday, the Master in Chancery Blunt Reports abound. Briggs v. Penny, 18 Law T. In Re Armstrong, made a call of 17. 13s. per share, to provide a fund to Rep. 101, was one of these. A. made her will of considerable importance in the practice of pay the costs (2,0001.) incurred in winding up this before the Wills Act, and, besides other the County Courts. THE MERCHANT TRADERS' SHIP, LOAN, AND legacies, gave to B. 3,000l. and a like sum of 18 Law T. Rep. 112, a County Court judge INSURANCE ASSOCIATION.-This was a meeting 3,000l. in addition, for the trouble she would had committed a defendant for forty days for before Sir W. Horne to settle the list of contribu- have in acting as executrix, and, after other non-payment of a debt in pursuance of an tories in this company, whose liabilities are esti- bequests, gave all the residue of her estate to order. Can a creditor file a petition under mated at about 100,000.-Mr. Roxburgh appeared B. her executors, &c. "well knowing that they sec. 36 of the Insolvent Act, and obtain an for Mr. W. Harding (of the firm of Harding and Pullein, accountants, of Guildhall-chambers), the offi- will make a good use and dispose of it in a order for the vesting and distribution of the cial manager.—Mr Pearce represented the assignees manner in accordance with my views and debtor's effects? The Insolvent Court was under the bankruptcy of the company; and other wishes." Four papers were found, in the tes- inclined to consider that he could not, because professional men appeared for various individual cre- tatrix's writing, but neither signed, nor dated, it could not discharge him, and for other ditors. Mr. Roxburgh stated that the company had been formed for "the insurance of ships, and the nor attested, but written after the Wills Act, reasons stated in the report. advancing of money by way of loan secured by mort- by which she named various charitable and gage on shipping," and was provisionally registered other objects of her bounty. These papers on the 18th September, 1845. In the prospectus the were not admitted to probate. It was held capital was set forth at a million, in 20,000 shares of that the expressions used shewed a clear in50%. each, on which a deposit of 5s. per share was tention to create a trust, although the nature to be paid on allotment, and 37s. on the execution of the deed of settlement. Numerous applications of the trust intended was not legally declared, were received and shares allotted, but the prelimi- and therefore that B. did not take the residue A beneficially, but in trust for the next of kin. nary deposit had been paid in very few cases. document intended for the deed of settlement was prepared in 1846, and was executed by sixteen perWORKING OF THE INCUMBERED COMMISSION. 2 sons; but it was without either date or stamp. In March, 1846, the company commenced business;-Since the resumption of sales after the autumnal band, prior to its complete registration, policies to vacation, the Commissioners have been working the extent of 1,500,000. had been issued, on which steadily and energetically to keep pace with the the premiums amounted to 76,000l. Another deed of pressure of business, and to prevent the accumulasettlement, dated 5th April, 1847, was prepared and tion of arrears; but it has become extremely difficult signed, by which the constitution of the company was to effect this, on account of the vast number of materially varied. On the 24th April, 1847, it was estates submitted to their adjudication, and the large completely registered, when, in accordance with the amount of collateral duties necessarily arising, on last-mentioned deed, the amount of the proposed capi- the hearing of motions respecting titles and claims, tal was returned at 500,000/. instead of 1,000,000l. in the disbursement of funds, the framing of orders, &c. 20,0007. shares of 251. instead of 50%. each. This The filing of fresh petitions for sale of estates is still alteration had been made without any authority or continued. The total number up to the close of last consent from the shareholders. From the date of week was 2,060, two-thirds of which remain before complete registration to the 8th of May, 1848, 7,400 the Court, and the sale of the estates involved would, policies had been issued, on which the risks were it is calculated, afford ample employment to the about 3,500,0001. and the premiums 105,000. In Commissioners for three or four years to come, even 1847 or 1848 the company fell into difficulties, and if no new petitions were lodged in the meantime. former judge, and Mr. Pollock commenced his in May, 1848, it was declared bankrupt. Debts had But petitions are still coming in, and they are likely duties, seemingly as much at home as if he had been The following letter, addressed to "W. Statham, been proved under the bankruptcy to the amount of to continue, so that the Incumbered Commission 74,5267. on which a dividend of Is. in the pound had appears to have its work cut out for several years, County Court Judge for a much longer period. been paid; but many of these proofs were in respect if, indeed, it do not become permanently incorporated Esq. County Court, Liverpool," was received by of losses claimed from the company under policies in our judicial system, with such modifications as that gentleman, through the post, yesterday mornissued prior to complete registration. In addition to circumstances might require, to afford a summary ing these proofs, other claims would increase the debts and inexpensive process for establishing a species of to about 100,000l. In December, 1850, the com-free trade in the sale and transfer of land, and the missioner in bankruptcy (Mr. Holroyd) had directed releasing of estates from the dead-weight of settle-day, a petition to be presented, for bringing the company ments and mortgages. The sales of last week prounder the Winding-up Acts; and the requisite order duced nearly 200,000l. and further large amounts are was made by the Vice-Chancellor on the 18th of likely to be realised weekly before the rising of the January last. With a view to facilitate the settle-Court at Christmas. For some weeks past considerment of the list of contributories, the official manager able purchases, on account of the Commissioners, had divided all the shareholders into four classes, as have been made by their broker, at the Dublin Stock follow :-Class A, parties who had signed parchment Exchange, of Government securities. writing intended for the deed of settlement of the company, in respect of shares of 501. each; Class B, allottees of shares of 501. each, in respect of which deposits had been paid; Class C, allottees of shares of 501. each, in respect of which no deposits had been paid; and Class D, parties who had executed the deed of settlement of the company, dated 5th April, 1847, in respect of shares of 251. each. As the second deed was the one on which the company was founded and obtained complete registration, it was a question whether the shareholders in the original company could now be dealt with. Sir W. Horne said it was clear they must stand on the deeds of 1847; it was impossible to bind those shareholders who had only applied under the original form of the company. DIRECT WESTERN RAILWAY.-Creditors are called upon by the Master to come in and prove their debts, in order that the fund, about 1,1007. in hand, may be divided amongst the parties entitled to it. COUNTY COURTS. Summary. THE LIVERPOOL COUNTY COURT. LIVERPOOL, Monday. MR. POLLOCK, the newly-appointed judge of the County Court, took his seat on the bench this morning at ten o'clock precisely. The court was very crowded, and the new judge was most respectfully received. Immediately on his taking his seat the ordinary business of the court was proceeded with. would present himself, and that there would be This caused some disappointment, as several persons No allusion was made to the scene in court." had assembled under the idea that Mr. Ramshay a "Temple, Saturday, Nov. 29. "Sir,-I hereby adjourn the County Court until Mon"I am, Sir, your obedient servant, December 29, 1851. You will also adjourn it to the "WM. RAMSHAY, same day for the whole business now standing undisposed of. "Judge of the County Court of Lancashire, "To W. Statham, Esq. the Clerk of the This letter was not read in court, nor, so far as we could see, was any notice taken of it. THE LAWYER. Summary. SEVERAL County Court appeals have been |