upon such certificate being made, the cause should be set down for the next day of short causes. Where a cause was proper to be heard as a short cause, and the defendant or his solicitor, opposed its being so heard, merely for the purpose of putting off the day of accounting, great inconvenience to the suitor resulted from the rule which required the consent of the solicitor for the defendant to the cause being set down to be heard as a short one, and his Lordship intimated that it might be expedient to lay down a general rule by which that inconvenience might be prevented. Mountford v. Cooper, 1 Keen, 464.

at such other and more frequent times as his Majesty shall be pleased to direct.

2. Judge. That the recorder of every bo rough in which any court of requests shall be holden, according to the provisions of this act, shall hold the same at all such and the same times as any court of sessions of the peace shall be holden in and for the same borough, and at such other and more frequent times, if any, as the said recorder in his discretion may think fit, or as his Majesty shall think fit to direct; and such recorder shall sit as the sole Judge of the said court of requests, and shall have, exercise and enjoy, as such Judge, the same powers, privileges and immunities as the Judge of any court of record, and shall have the power to fine or commit for any contempt of court as fully as any court of record: and that every such recorder from time to time THIS is a bill to enable the recorder in cer- may make rules for regulating as well the tain boroughs to hold a court for the recovery as the keeping of the accounts and the regis practice of such court over which he presides of small debts. It recites that it is expedient tering of the proceedings thereof, and for to provide for the more cheap and expeditious regulating the duties of the clerk and other recovery of small debts; and proposes to en-officers of the said court, and the management

NEW BILLS IN PARLIAMENT.

SMALL DEBT COURTS.

act as follows:

and practice of the office of such clerk; but they shall have been allowed and confirmed by one or more Judges of the superior courts of common law at Westminster.

so that no such rules shall be of force until

1. That the council of any borough, in and for which a separate court of quarter sessions of the peace is or shall be holden by virtue of any grant made or to be made by his Majesty under and by virtue of the 5 & 6 W. 4, c.76, being "An act to provide for the Re-in which his Majesty shall be pleased to direct 3. Deputy Judge. That in every borough gulation of Municipal Corporations in England that such court of requests shall be holden at and Wales," which shall be desirous that a court for the recovery of small debts in a summary court of sessions of the peace in and for the any other and more frequent times than the way shall be holden in such borough, shall same borough, it shall be lawful for the recorsignify the same by petition to his Majesty in der of the said borough, and he is hereby council, setting forth the grounds of the appli-empowered under his hand and seal, to appoint cation, what salary is already paid to the recorder, and what additional salary they are willing ing,a to act for him in his absence; and such a deputy, being a barrister of five years' standto pay him in that behalf, and stating whether deputy shall, in the absence of the recorder, there is any court of requests, court of con- have all such and the same powers as are science or other court for the recovery of small debts within the said borough; and if so, refer- by this act conferred on the recorder, and shall ing to the act or acts by which the same is be styled the Deputy Judge of the Court of Reestablished, regulated, or in anywise affected; it shall be lawful for his Majesty to direct that quests of the said borough; and in such case and thereupon it shall be lawful for his Majesty, if he shall think fit to comply with the re- the petition of the council shall be paid to a salary at a rate not exceeding that stated in quest of the said petition, to grant that a court such Deputy Judge by the treasurer of such for the recovery of small debts in a summary way shall thenceforth be holden in the said borough out of the borough fund: Provided nevertheless, that the recorder of every boborough, and such court shall be holden ac- rough in which a court of requests shall be cordingly, and shall be called the court of re- holden according to the provisions of this act, quests of the said borough: provided, that if shall and is hereby required, except in the case the council of such borough shall be desirous of sickness or unavoidable absence, to hold the that the said court of requests so sought to be said court at all such and the same times as established shall be holden at other and more frequent times than the court of sessions of any, court of sessions of the peace shall be holden in and for the same borough: Provided the peace in and for the same borough, they also, that in the case of sickness or unavoidshall signify the same in such petition as afore-able absence of such recorder, in case there said, or in some subsequent petition, stating shall be no such deputy Judge, or of such the times at which they wish the said court of requests to be holden, and the rate of salary which deputy Judge, such recorder shall be emthey are willing to pay to the deputy Judge of powered under his hand and seal, with the such court in that behalf; and thereupon it consent of the council of such borough, to appoint a fit person, being a barrister of five shall be lawful for his Majesty, if he shall so think fit, to order and require that the said years standing, to act as Judge at the court of court of requests shall be holden as well at all such and the same times as the court of sessions of the peace in and for the same borough as|licitor of ten years' standing. ED.

a Power should also be given to appoint a so

New Bills in Parliament.

27. Attorneys not privileged.-That no pri- | in court, and the same is hereby authorised and vilege shall be allowed to exempt any person required, to hear and inquire into the disputes from the jurisdiction of any court of requests and differences in respect of which the action on account of his being a barrister, an attorney, was commenced, and to receive as well the or solicitor or any other officer of any court of testimony of the parties themselves as all other law or equity at Westminster, or of any other evidence tendered in their behalf, which shall court whatsoever; but that all barristers, at- appear to such court to be material or proper torneys, solicitors and officers shall be subject to be received, and to pronounce judgment to the process of every court of requests, in the thereupon, and to make such decrees therein same manner as any other persons are subject as to the said court may appear just and reato the same by this act or otherwise, and may sonable, and in such decree to award such sum be sued therein to judgment and execution. by way of costs of suit, to be paid by the losing party, as the said court shall in its discretion think fit.

28. Minors. That in every borough in which a court of requests shall be holden according to the provisions of this act, in every case where a debt not exceeding five pounds shall have been contracted for necessaries by any person under the age of twenty-one years, being a person subject to the process of the said court of requests according to the provisions of this act, and such debt would be recoverable against such person at his coming of age in any court of common law, it shall be lawful for the person to whom such debt shall be due to sue and recover the same in the said court, in the same manner as if the person by whom the debt shall be contracted were of full age; and that in every case where any wages or other debt not exceeding the sum of five pounds shall be due to any menial servant or other person under the age of twenty-one years, it shall be lawful for such servant or other person to sue for and recover such wages or debt in such court, in the same manner as if he were of full age, and every such court is hereby fully authorised and required to entertain and determine every action for the recovery of any such debt in the same manner, and shall have such and the same powers in regard thereto, as if the plaintiff and defendant were of full age.

29. Action to be commenced by summons. Parties may appear without summons. 30. Security for costs.

31. Summons on joint debtors.

32. Notice of set-off to be given.

33. Evidence confined to particulars of de

mand or set-off.

34. Statute of limitations available.

35. Subpoena for witnesses.

36. Witnesses' expences.

37. Power to administer oath. 38. Perjury

41. If parties do not appear.-That in case the plaintiff shall fail to appear personally or by one of his family, or by such person as the court shall allow, not being a person so prohibited as aforesaid, it shall be lawful for the court to dismiss the case; and in case the defendant shall fail to appear either personally or by one of his family, or by such person as the court shall allow, not being a person so prohibited as aforesaid, and it shall be proved to the satisfaction of the court that the defendant has been duly served with such summons as hereinbefore required, it shall be lawful for the court to proceed in his absence in the same manner as if he had duly appeared.

42. Defendant proceeded against in his absence may stay execution.

43. Power to adjourn.

44 Costs to defendant.

45. Judgment, &c. to be entered in Judgment book.

46. Time of payment of sums decreed to be paid.

47. All payments to be made to the clerk.
48. Search of Judgment book.
49. Issuing of execution.

50. Debts and costs to be indorsed on precept.

51. Sale of goods taken in execution.
52. Costs of distress.

53. Justice may back a precept out of the borough..

54. Power to attach wages.

55. Means of enforcing the attachment. 56. Master may move to set it aside.

57. No imprisonment for debt.-That no person shall be imprisoned by the order of any such Court of Requests, holden according to the provisions of this act, on account of any debt due by him.

39. No legal practitioner allowed.-That no barrister, attorney, solicitor, scrivener or other 58. Except in case of fraud.—That if upon person practising the law, or any clerk to the hearing of any cause it shall appear that any such person, shall be permitted to appear the defendant shall have, under false colour or be heard in any court of requests as counsel, or pretence of carrying on business and dealattorney, solicitor, or advocate, for or on being in the ordinary course of trade, obtained half of any plaintiff or defendant, or any other person, in any action or matter: provided always, that nothing herein contained shall prevent any such barrister, attorney, solicitor, scrivener, clerk or person from appearing and being heard in any action or matter as a party or a witness.

credit from the plaintiff for any goods and chattels with intent to defraud the owner thereof, or that the said defendant shall have made or caused to be made any fraudulent gift, delivery or transfer of any of his money, valuable securities, goods and chattels, or other personal property, or shall have removed or 40. Power to adjudicate.—That it shall be concealed the same with intent to defraud the lawful for every such court of requests estab-plaintiff, that then and in every such case it lished, in case both parties shall duly appear shall be lawful for the recorder, if he shall

New Bills in Parliament. — On granting Degrees at the Legal Examination.

59. Out of the borough, warrant to be backed by a justice.

60. Action not exceeding 40s. not to be brought elsewhere. That no action or suit for any debt not exceeding the sum of forty shillings, and recoverable in any such court of requests holden in any borough shall be brought against any person being a burgess of such borough, or residing or inhabiting within such borough, in any other court whatsoever.

111

think fit so to do, to order that the defendant | didates; and I have never heard the reason of so offending shall be committed to any gaol or so well-founded an intention being abandoned. house of correction for any space of time The method of procedure in this respect not exceeding thirty days, unless the plaintiff forms an exception to every other professional shall be sooner satisfied. examination with which I am acquainted. The Church holds forth collegiate honors to the aspirants of learning: the Medical prizemedals prompt the candidates at Surgeon's and Apothecaries' Hall to constant exertions of talent; and yet the Law,-a science the most wearisome and disgusting, and whose study requires the greatest energy and perseverance of mind, and wears down the spirit of the youthful studant with daily disappointments,has no reward which may tend to invigorate the labours of her votary. True it is, that the temple of honour and fame lies open to him in the distance, sparkling through the sunshine of youthful ambition; but dark and narrow is the way, and his heart fails him at the prospect; he wants some smaller honors, and more immediate motives, which may afford him a cheering recompense in his daily progress.

61. When verdict does not exceed 40., Defendant to have Costs.-That if upon the trial of any action for the recovery of any debt sued or prosecuted in any of his Majesty's courts at Westminster, or any other court of record, the jury shall find the damages for the plaintiff not exceeding the value of forty shillings, and it shall appear to the judge before whom such action shall be tried that the debt was recoverable in any court of requests so holden as aforesaid in any borough, and that at the time of commencing such action the defendant was a burgess of such borough, or an inhabitant or resident within the same, then and in every such case such jadge shall and he is hereby required to certify the same upon record; and thereupon the plaintiff shall not be entitled to any costs of suit whatsoever, and the defendant shall be entitled to the full costs thereof, and shall have such remedy for recovering the same as any defendant has for costs of suit in other cases by law.

62. This act not to prevent any distress or action for rent under 40s.

63. No certiorari.-That no summons, order, decree, judgment or other proceeding of any such court of requests shall be removed or re. movable into any of His Majesty's Courts at Westminster, or into any other court, by certiorari, or by any other writ or process whatsover, except as hereinafter contained.

"He who would kindle up a mighty fire,

46

Begins it with vile straws."

None but men of superior minds and of extraordinary application, will confidently and resolutely push forward to the goal of the great prizes-to the "ultima Thule" of legal distinction, without some of these inducements by the way-side. These little triumphs of success may entice upon the legal field choice spirits, who, instead of remaining in listless obscurity, might tread closely in the vestiges of Dunning, Gifford, and Kenyon.

I submit the following plan to the consideration of the Examiners, or to the Judges of the Superior Courts, if the Examiners have no power to alter the present rules; which plan, though they do not adopt, I trust at least will afford them a hint to establish a regulation of

a similar nature.

The candidates, after examination, should be arranged in three separate classes, according to their respective merits, at the discretion of the board of examiners, and different certificates awarded accordingly. It ought to be optional with the candidates for examination, 65. Plaintiff to proceed within months. whether they will stand for honors, or merely 66. Interpretatian clause. Borough. Bur-pass in the ordinary way; and none should be gess. County. Recorder. Court of Re-admitted to honours but those who have requests.

64. Action above 40s. removable into borough court of record.

gularly declared their intention of trying for them; an unsuccessful candidate for honours, if considered otherwise sufficiently qualified in

ON GRANTING DEGREES AT THE legal knowledge, should not be debarred from LEGAL EXAMINATION.

To the Editor of the Legal Observer.
Sir,

passing under the general examination. Whether the honors should be divided for particular branches of the examination might be considered hereafter-but I think they had much better be confined to the general course. Allow me to express my pleasure on per- Several of the examiners to whom I have sugceiving the subject of Legal Examination gested the subject of this letter, agree that its Degrees again mooted in your useful publica-effect will be very beneficial; and from my own cation. I anderstand that it was the original knowledge of the habits and feelings of a intention of the examiners, and of those considerable number of intended candidates, who had the power of regulating the exami- I am become more confident that a stimulus of nation, to have allowed a series of degrees this kind is wanting. Many of my young according to the respective merit of the can- friends, whose abilities are of a superior order,

112

On Coroners' Expenses.-Superior Courts: Lord Chancellor.

exert themselves no more than to obtain just sufficient knowledge to enable them to pass respectably, because, when passed, whether the result of the examination were good or bad, they are equally undistinguished from the general crowd; but if an eminent point were to be gained, they would court difficulty to gain such distinction.

I also propose that in order to reward the industry and talent of articled clerks, the Incorporated Law Society, twice in every year, issue prizes for the best essays, written on certain specified legal and historical subjects; the candidates to be confined to gentlemen who have not passed the examination. earnestly beg the attention of the Board of Examiners to this letter, feeling convinced that they will approve of the principle of my suggestions.

W. A.

ON CORONERS' EXPENSES.

To the Editor of the Legal Observer,
Sir,

I

bill passed a committee at a late hour in the
morning, but I hope it will be watched. I agree
with the letter from "A Coroner," that in the
cases of concealments of the births of children
and of manslaughter, the Coroner should have
power to commit; but the power in the magis-
trates to take it out of the hands of the Coroner,
either by admitting to bail, or recommitting,
would be a great convenience, not only to the
county, but to the Coroner also. I saw the bill
of a Coroner the other day for taking an inquest
at a distance of 22 miles :-
Inquest fee

Expences allowed 9d. a mile

Actual expences of journey,
gig, &c. out all night, and
part of the second day

1 0 0 0 16 6

116 6

1 8 6

080

Leaving 88, for taking an inquest and travelling 44 miles, besides nearly two days' loss of time, or 128. less than if the corpse had lain at his next door

A MAGISTRATE.

districts, more money would be saved than If the counties were divided into Coroner's would pay all the increase required.

SUPERIOR COURTS.

Lord Chancellor's Court.

PLEADING.-DEMURRER.-MUNICIPAL COR

PORATIONS REGULATION ACT.

To an information, charging a breach of trust in ambiguous terms, upon one construction of which there would be no breach of trust, a demurrer is allowed for the insufficiency of the allegations.

Semble, it is no misupplication of the surplus of the borough fund, mentioned in the 5 & 6 W. 4, c. 76, s. 95, to pay therefrom the expences of defending a quo warranto against an officer of the corporation, or the expences of petitions for the appointment of charitable trustees.

The thanks of the Coroners are due to you for having taken up their long-neglected cause. For many years have they in vain been applying for a fair remuneration for their labour, loss of time, and expenses. You are aware that the greater part of a century ago the Coroner was allowed an Inquest fee of 20s.; so that, at that time, the fee for taking an Inquest was not considered too large, and the travelling to perform his duty was also paid for. In 1816, when a bill for an increase had passed the Commons, and was in the Upper House, one of the Law Lords observed, that, as there was no allowance for adjournments, 40s. was not too much for the inquest fee; and as the duties of a Coroner required that that officer should be a gentleman of considerable legal knowledge and respectability, and that as no delay should take place in the performance of them, be the season of the year or the weather ever so unfavourable, he thought that for the extra time and lahour for the taking a distant inquest, the necessary Coroner should be allowed 2s. 6d. a mile. Who then can say that the request of the Coroners is unreasonable, i. e. an Inquest fee of 20s., and This was an appeal from an order of the Is. a mile for expences-with ls. a mile for the Master of the Rolls, allowing a demurrer to an extra time and labour consumed and performed information filed against the mayor, treasurer in taking their journies with allowances for at- and councillors of the city of Norwich, which tending the assizes and sessions? Instead of prayed an injunction to restrain them from this, new duties are to be added, and without paying out of the surplus of the city or any allowance, and advances to be made, which borough fund expenses, incurred by two of inany of them cannot make, and attendances the defendants in defending writs of quo warrequired which cannot be performed. After ranto issued against them; and also from the advances are made, (finade) the Coroner paying expenses incurred at the instance of inust, at the petty sessions previous to the the council about appointing trustees of the county sessions, get an order for reimburse- charities of Norwich, formerly vested in the ment. These sessions are held simultaneously, old corporation. The case before the Master and are in number ten times as many as there of the Rolls, with his Lordship's judgment are Coroners. How then is a Coroner to be thereon, is reported in 13 Leg. Obs. 292. in ten places, all distant ten or twenty miles Sir W. Follett, Mr. Wigram and Mr. Anfrom his residence, in as many different direc-derdon for the relators, the appellants. The tions, on the same day? I have heard that the questions for the Court's consideration were of