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Notices of New Books: Rouse's Practical Man - Selections from Correspondence.

ments ; Comparative Values ; Lifeholds and neighbours follow the same example. Knowing Leaseholds. Purchasing and Selling Lease your anxiety to prevent any dissatisfaction holds and Annuities, and equivalent Perpe. arising in the profession between the master tuities; Tithe Commutation Rent Charges,

and clerk, I take the liberty of addressing the

| above to you, in order that it may get men&c. &c. &c.

tioned in the proper quarter, and perhaps, by The System is not limited to present and that means, satisfactorily settle the dispute. absolute Interests, but extends to those

AN AGENT. contingent, reversionary, determinable, or Since the new rule passed, I find several of dependent on any Number of Joint Lives or the offices close early in the evening; but my Survivorships, and includes many Rules ne- .

ne. I wish is, that it should be adopted generally by ver before published, and but few which

ch the profession. have been published, except in a form only to be understood by persons tolerably well PRACTITIONERS IN THE COUNTY COURTS. acquainted with Mathematics.

To the Editor of the Legal Obserrer. The Work contains 60 Tables, about half

Sir, being applicable to parts 1 and 2, and the I should feel greatly obliged for the expresremainder to part 3. The first class of Ta-sion of your opinion on tbe following case; and bles will be found to facilitate greatly all I am the more encouraged to ask it, as you calculations of Contents, Proportions, abso have always shown, in your excellent periodilute or comparative Weights, &c. and is cal, a vigilant jealousy for the respectability of much more full than the corresponding

the profession. class in the first edition.

1 In Cross v. Kaye, 6 T. R. 663, it is, in sub

The Tables re- stance, stated by Lord Kenyon, that the statute lating to part 3, are almost all added ;- 25 G. 3, c. 80, (which gives a penalty against and even those Tables given in the first attorneys prosecuting or defending, without a Edition have been considerably enlarged, so certificate, &c. any suit in any Court holding as to make them of use in the Valuations pleas, where the debt or damages amount to now introduced.- Values at fi per Cent. 40s. or more) does not extend to the Sheriff's have also been given, with Finlaison's and

cond County Court, although an attorney prosecute

a suit there by virtue of a writ of justicies for Equitable Experience Values, Deparcieux', quitable experience values, Deparcieux more than 40s.

nt Values, (8 Tables ;) difference in Now, I find by 12 G. 2, c. 13, 8. 7, the folyearly, half-yearly, and quarterly Amounts lowing clause : In case any person shall comand Values ; Probabilities of Life ; Purchase mence or defend any action, or sue out any of Leaseholds and Annuities, and equivalent writ, process, or summons, or carry on any proPerpetuities. Tithes Commutation. Rent ceeding in the Court commonly called the Charges, &c.

County Court, holden in any county in that part of Great Britain called England, who is not, or shall not then be legally admitted an attorney or solicitor, according to 2 G. 2, c. 23,

that such person shall, for every such offence, SELECTIONS

forfeit the sum of 201., to be recovered with FROM CORRESPONDENCE. costs, by any person who shall sue for the same,

within 12 months next after such offence shall

be committed, in any of his Majesty's Courts OFFICE ATTENDANCE.

of Record." To the Editor of the Legal Observer.

What I am anxious to know is, whether this

last clause has been repealed by any later act, There is a dispute among the attorneys' | as there are some disreputable characters in clerks, who consider that the evening atten. Yorkshire, who, without any kind of certificate, dance is now entirely useless, as the public prosecute and defend actions in the County offices are closed by Rule of Court. It is Court, and other Courts Baron in this district, rumoured that they are about calling a meet and are not admitted in the Superior Courts. ing to discuss the matter, and subinit their

od submit their should also be glad to have your advice as determination on the subject to their princi- / to the best mode of proceeding against such pals. From enquiries made of several respect characters; and your opinion, whether all peable managing clerks, it appears that what they

nalties incurred by virtue of any Act of Parliawant is this, that they shall commence businessment relating to the Stamp Duties can now at nine or half-past, be in attendance the whole only be recovered in the name of the Attorneyday. (with the exception of half an hour to be General? and whether the men above alluded allowed for refreshment) and then at six 1 to can maintain an action for their fees? o'clock to leave for the evening. I really

A SUBSCRIBER. think that, if this be the only grievance which [We are not aware that the above section bas they complain of, it might soon be redressed by been repealed; but actions for penalties can granting the indulgence, which I am willing only be brought in the name of the Attorneyto commence in my office, providing I find my General ; and see 13 L. 0. 261. -Ed.]

Sir,

Correspondence.- Superior Courts : Equity Exchequer.

179 CLERKS' SALARIES.

learted and noble-minded men, are acting a To The Editor of The Legal Observer.

part in the practice complained of, they will

turn the subject over in their minds, and while Sir,

deciding upon the course they will in future Amidst the general cry for reform, which adopt, remember the philanthropic maxim, now prevails, few of the many abuses to which “ do unto others, as ye would that others should the legal profession are subjected, can long do unto you.” remain unredressed. There is one, however,

E. S which, although of long standing, and although it concerns a very large part of the profession, is not only unredressed, but as yet apparently unnoticed. I allude to the inadequate remuneration received by lawyers' clerks.

SUPERIOR COURTS. There are few lawyers, either in to vn or country, who do not expect their clerks to maintain a respectable appearance; but they

Equity Erchequer. do not sufficiently bear in mind, the necessity of supplying them with competent means to

CONTRACT._FRAUDULENT MISREPRESENTAcomply with their expectation. This is the

TIONS. more to be regretted, because there is no plea

A contruct for the purchase of a patent in. by which such treatinent can be excused. The majority of those gentlernen by whom clerks

vention being set aside by reason of fraudu.

lent misrepresentations of its advantages, are kept, are persons whose practice is such, as certainly would enable them to pay a liberal

though only one of the vendors was guilly salary to each,a and I am sure it cannot be

of the misrepresentations, it was held that alleged that the clerks themselves are not de

all of them were liable generally to refund serving of such encouragement. How many

the purchase money, and to pay the pur. lawyers' clerks are there in London who possess

chaser's costs of suit, withorl reference to talents that would do credit to the lawyers

their particular interests in the invention. whom they serve? and how inany are there. This case, with the judgment on it, is fully who, although men of respectable abilities. I reported in 12 Leg. Obs., p. 226, and afterand although serving masters who are in the wards 2 Younge and Collyer, p. 46. It is habit of throwing a large part of the burden of also reported on points of practice arising on the business upon their shoulders, are never- an application for a rehearing, 13 Leg. Obs. theless obliged to support both themselves and

409. their families upon salaries more limited than! The case was reheard, chiefly with reference the majority of journeymen mechanics are in to that part of the decree directing an inquiry the habit of receiving.

by the master as to the share of 30001. paid by But this is not all. Not only are the gentle. the plaintiff, that was received by each of three men by whom this parsimony is practised. defendants ; and dismissing the bill as against destitute of excuse, but they are acting a part the fourth defendant, who received no part of indirectly, if not directly, in opposition to their the money, and giving him his costs. own genuine interests ; for I take upon myself! Mr. Baron Alderson, having heard the arguto assert, (and I speak not upadvisedly,) that ments some time back, in giving his judgment, not one clerk in ten, were he allowed a compe- now said, “I have again maturely considered tent maintenance for himself and family, and this case, and, as I intimated in the course of the with that consideration which all who occupy arguinent at the bar, after having fully heard the a respectable sphere in life are entitled to re-l acute observations of the counsel for the deceive,-not one clerk in ten, I say, but would fendants, I see no reason to change the opinion become of far more service than he is at pre- which I before delivered on the main question. seat, thus exemplifying the truism that “one

I was then, and still remain, perfectly satisfied hour's labour of a free man is worth two of a

that the plaintiff made out a case of fraud, slave."

which entitled him to relief in a court of equity. Let me not be thought to speak disrespect

The extent of that relief has been made the fully of the profession. It has not, that I am subject of a petition for a rehearing, and upon aware of, a reputation for illiberality; and is that petition I now propose to declare my reshould be the last person in the world to brand vised opinion. It seerns to me now, as it did it with a character which it does not deserve. before, to be clearly established, that the rest The fact is, that although the evil is so general. of the defendants had no knowledge of the frauit is not sufficiently known or considered. dulent misrepresentations made by the defend

Let me express a bope, that as through the ant Hicks. But the inoney paid by the plainwide circulation which your journal so de- / tiff in consequence of these misrepresentations servedly enjoys, these remarks must meet the has been paid to all the defendants, on a joint eye of many, who, though in reality kind. contract by all, and they have all signed the

receipt for it. As to the defendants Todd and

Watson, there is no evidence to show any knowa We fear that the majority of the profession ledge possessed by the plaintiff of their partiis not in the favorable situation which is here cular interests; and as to the defendant Smith, taken for granted. Ev.

| I think that on the former hearing I placed too 180

Superior Courts: King's Bench.

much reliance upon the circumstances spoken on the Poor Law Commissioners for England to by Todd; and, upon more mature consider- and Wales to shew cause why a writ of cer. ation. I am satisfied that in this respect my riorari should not issue directing them to judgment was erroneous, and that in equity the remove into this Court a certain order under same rule should prevail which unquestionably the hands and seal of the commissioners, dated prevails at law. At law they would all have the 31st of Jan. 1837, ordering that certain been equally bound to repay in solido to the parishes, townships, and places should on the plaintiff' the money which they received from 16th of February be united for the adıninistra. him upon a consideration which had failed al- tion of the Pour Laws, by the name of the together. That was my own inpression when “ Whitechapel Union,” and that a board of I first heard the cause. I think it ought to be guardians should be constituted under the proconsidererl a rule of equity as of law, that the visions of the act of parliament. One part in. detendants were all equally bound to repay this cluded in the union was the Old Artillery money, without any reference to the amount of Ground, which was governed by trustees untheir particular shares. I am therefore satis-der a local act of parliament. The rule had fied that the decree ought to be varied in re. been obtained by two trustees for managing spect to the sum of 30001. paid, by directing the poor of the Artillery Ground. It appeared that it be repaid by the defendants, and that by the affidavits that the Poor Law Commisthe plaintiff is entitled generally to the costs of sioners formed several different places into an the suit."

union, called the Whitechapel Union, and that Lovell v. Hicks and others. Sittings in in the Old Artillery Ground the administration Gray's Inn Hall, June 20, 1837. .

of the laws for the relief of the poor had been managed under a local act of parliament, and

the trustees, who had been the managers, now King's Bench.

object to the order, as they say the general

Poor Law Act does not authorize the cornmis[Before the Four Judges.)

sioners to include in unions those parishes POOR LAWS.-COMMISSIONERS' rower.

where the poor laws had been administered

under local acts. It will therefore be necesThe Poor Law Commissioners have, under |

have, under sary to advert to some of the clauses of the the 4&5 W. 4, c. 76, s. 26, authority to act to see whether their power enables them to form several parishes into an union, alo, unite parishes having local acts. The first though one of such parishes may be governed

fourteen sections relate to the inachinery of under a local act of parliament.

the act, and it will not be necessary to refer to Several rules had been obtained for writs of them. The 15th section enacts, * That from certiorari, to remove orders made by the Poor and after the passing of this act the adminisLaw Commissioners for the formation of{tration of relief to the poor throughout Eng. unions, there being in every instance a parish land and Wales according to the existing laws, governed by a local act included among those or such laws as shall be in force at the time that were ibus directed to be united. The being, shall be subject to the direction and question as to the validity of these orders was controul of the said commissioners." It then discussed in the case of the Whitechapel Union, goes on to state the power of the commissionof which the parish or district of the Old Artil ers to make rules and regulations for the lery Ground, previously governed under a management of the poor; but it does not con. local act, was directed to form a part.

template any arrangement relative to the point The Attorney General, Sir W. Follett, Mr. before us. The four next sections give geneWightman, and Mr. Tomlinson, appeared to ral directions as to the rules and regulations. shew cause against these rules; and contended The 21st section enacts, that, unless in cases that the words of the Poor Law Amendment otherwise provided for by this act, all the Act giving the commissioners the power to power and authorities given in and by a form unions were most unrestricted, and must certain act of parliament of 22 Geo. 3, (called therefore be taken to override the provisions Gilbert's Act) and the 59 G. 3, (called Sturges of any local act.

Bourne's Act), and all the acts for amending Sir F. Pollock, Mr. Cresswell, Mr. Bodkin, such acts, and all other the powers and authoand Mr. Thomas, were heard in support of the rities given by every other act, general as well rules; and insisted that the Poor Law Amend- as local, in any way relating to the relief of the ment Act could not be construed to repeal by poor, shall in future be exercised by the perimplication hundreds of local acts; that if the sons authorised by law to exercise the same, commissioners could not, as the St. Pancras under the controul, and subject to the rules, case had decided they could not, directly give orders, and regulations of the commissioners; a new constitution to a single parish governed and the commissioners are authorized to attend by a local act, a fortiori, they could not in the parochial boards and vestries, and to take directly effect that object by uniting such a part in the discussions, but not to vote at such parish with several others, and that to hold board or vestry.” This clause gives the coinotherwise would be to enable the commission- missioners the same jurisdiction over parishes ers to evade the decision in the St. Pancras governed by local acts, as they have over those case.

parishes which have no local act. The 22d Lord Denman, C. J., delivered the judg-section gives authority to the commissioners in pent of the Court. This was a rule calling parishes governed under local acts; and after

Superior Courts : King's Bench.

181

three sections, containing regulations for build- question, what is authorized by this section? ing workhouses, comes the 26th section, upon for whereas in former timnes, in the reign of which the question now under consideration Elizabeth, the policy was to manage the poor chiefly turns. It enacts, “That it shall be by parishes, and in the reign of Charles the 2d lawful for the said cominissioners by order by smaller districts; yet afterwards the conunder their hands and seal, to declare so many trary course was thought more desirable, and parishes as they may think fit, to be united for the 22 G.13. was passed, which instead of the administration of the laws for the relief of dividing the administration of the poor laws the poor, and such parishes shall thereupon be into townships, authorized the union of entire deemed an union for such purpose, and there-parishes ; but that could only be done by conupon the workhouse or work houses of such sent; and it is to be supposed that such unions parishes shall be for their common use, and were found beneficial, because by the act now ihe said coinmissioners may issue such rules, in question, the commissioners are authorized orders and regulations as they shall deem ex- “ to declare so many parishes as they may pedient, for the classification of the poor of think fit to be united." The 26th section have such united parishes, in such workhouse or ing thus authorized the formation of unions, workhouses as may be relieved in any such it is now to be considered whether the comwork house, and such poor inay be received, missioners are prevented from including in maintained, and employed in any such work them, parishes or places already governed house or workhouses, as if the same belonged by local acts, specially directing in what manexclusively to the parish to which such poor ner they are to be governed, and which shall be chargeable ; but notwithstanding such might seem to render unnecessary any order union and classification, each of the said of the commissioners. The 28th section di. parishes shall be separately chargeable with, rects the commissioners to make enquiry into and liable to defray the expense of its own the expense of former unions, as well as into poor, whether relieved in or out of such workthe future proportion of expenses of the pahouse.” The language of this section is as rishes they are about to unite. The 32nd secgeneral as possible, making no exception to tion is very material. The 26th having given parishes or places already under univns, or this power to forin unions, the 32d enacts under the controul of local acts. It must, “ that it shall be lawful for the said commistherefore be so interpreted, unless it should sioners from time to time, as they may see fit, appear by other parts of the act, that its opera- to declare any union, whether formed before tion was meant to be qualified, or unless it or after the passing of this act (except when should be inconsistent or interfere with some united for the purposes of settlement or rating) prior act of parliament. Upon taking the to be dissolved; or any parish or parishes to whole of this act and the other acts together, ( be separated from, or added to any such union; and in considering how far the provisions of and as the case may be, such union shall the latter act may interfere with the others, thereupon be dissolved; or such parish or we agree with Lord Kenyon in the case in parishes shall thereupon be separated from, or 4 Term Rep.a that “it cannot be intended that added to such union accordingly. And the a subsequent act of parliament cannot controul said commissioners shall, in every such case, the provisions of a prior statute, if it was in | frame and make such rules, orders, and regutended to have that operation; but there are lations, as they may think fit for adapting the several cases in the books to shew that where constitution, management, and board of guarthe intention of the legislature was apparent dians of every such union from or to which that the subsequent act should not have such there shall be such separation or addition as an operation, there, though the words of such aforesaid, to the altered state of the saine. And statute, taken strictly and grammatically, would every such union, after such alteration, shall repeal a former act, the courts of law, judging be constituted, managed, and governed, as if for the benefit of the subject, have held that the same had been originally formed in such they ought not to receive such an interpreta- altered state. And in case any union shall be tion. In considering the question how far the wholly or partially dissolved, then the parishes general provisions of an act of parliament are constituting, or in case of a partial dissolution to be qualified by other acts, the principle separated from any such union, shall thenceobject of the latter act must be borne in mind. forth be subject to be re-united with other The great object of this act now under our con- parishes or unions, or otherwise dealt with acsideration, is to obtain an improvement in the cording to the provisions of this act, as the management of the poor, and the legislature said commissioners shall think fit. Provided thought it was to be obtained by uniformity in always, that in every such case, the said comthe system. Perfect uniformity appeared to missioners shall, and they are hereby required be difficult to be attained, but the object was to ascertain the proportionate value to every to come to it as near as could be, either by parish of such union, of the workhouse or enactinents to be carried into effect imme- Other property held by such union for the use diately or at some convenient time, and the of the poor, or the benefit of the rate-payers ; commissioners are invested with power for and also the proportionate amount chargeable that purpose, and are to exercise such power as on every parish in respect of all the liabilities they think fit. No doubt it is a most material of such union, existing at the time of such dis

solution or alteration of the same; and the a Williums v Pritchard, 4 T R. 3. commissioners shall thereupon fix the amount

182 Superior Courts : King's Bench; King's Bench Practice Court. to be received or paid by every parish affected! The 54th section is confined to the relief of by such alteration; and the sum to be received, the poor having a local board, and whether if any, by such parish, shall be paid to the formning part of the union or incorporation or overseers or guardians of the same, for the not; and this section orders that such relief benefit of such parish, and in diminution of shall beiong exclusively to such guardians of the rates thereof; and the sum to be so paid the poor. by every such parish, shall be raised under the We do not feel it necessary to discuss the direction of the said commissioners, by the judgment we have pronounced on the 39th overseers or guardiani of such parish, or section. Although we were pressed at the charged on the poor rates of such parish as the bar with the consequence of holding that this said coinmissioners may see fit, and shall be union might be good, and we were told that if paid for the use and benefit of the union from we did so, our former judgment would be easily which the same parish shall have been so se- evaded, inasmuch, as the commissioners would parated, or of the persons or parishes other be at liberty to unite any parish having a local wise entitled thereto. Provided always, 10 board, although by the effect of that judgment, such dissolution or alteration of the parishes they could not alter the mode of government constituting any such union, nor any addition of the poor, adopted in that parish itself. But thereto, shall in any manner prejudice, vary, or we are not to assume that the commissioners affect the rights or interests of third persons, would evade the law, or colourably unite a paunless such third persons shall consent in rish possessing a local board, inerely because writing to such dissolution, or proposed altera- they had not the power to give to that parish, tion or additions ; and that no such dissolution as a single parish, a new constitution and mode alteration, or addition shall take place or be of government. made, unless a majority of not less than two. The powers given by the 26th section are thirds of the guardians of such union shall different in terins from the 39th section; and also concur therein. And in every such case we have no doubt that both the one power when the said majority of the guardians of and the other, will be faithfully carried into such union, shall so concur in such proposed execution according to the directions we have alteration, the terms on which such concur- given. The vast and populous parishes for renee shall have been given, if approved by which local constitutions have been enacted, the said commissioners, shall be binding and stand in a different position from smaller paconclusive on the several parishes of such rishes which may be affected by Gilbert's Act. union."

Whether it is or is not desirable that the for. And it is to be observed, that this consent is mer should remain single, there are obvious only to be required when unions are altered, reasons for supposing that parliament would and not when originally formed. This mode have been unwilling to disturb what it found of ascertaining the apportionments of expense established; but to withhold the power of is directed by the 28th and 29th sections. All uniting parishes which ought to be united, parishes whatever, were therefore, without merely, because they had local acts, might have any distinction as to local acts, under the con- the effect of preventing the operation of the templation of both sections, and must be con- new law over a large portion of the country, sidered as capable of forming a part of an which is not the intention of the act. We find union; and if unions of parishes under local accordingly, that the power to unite parishes acts may be inade part of an union under the lis confirmed by the 26th secti

is confirmed by the 26th section without react in question, so inay a single parish. striction, and is pointed at in several other

The 32d section prohibits a dissolution with sections. L'pon the whole, we are of opinion out the consent of two thirds of the guardians. that the commissioners have exercised a law.

The 38th section directs, that where any | ful power, and that their order must be parishes shall be formed into an union, there confirmed shall be a board of guardians appointed.

Rule discharged— The King y. The Poor It is not necessary to go further in remark. Lure Commissioners, T. T. 1837. K. B. F. J. ing the circumstances connected with the All the other rules obtained on similar cirunion.

cumstances, were also ordered to be discharged. It is worthy of observation, that the 26th section provides, that notwithstanding the

King's Bench Practice Court. union, each parish shall be separately chargeable with and liable to defray the expences of

DISCHARGE OF PRISONER, 48 G. 3, c. 123. its own poor.

A defendunt is not entitled to his discharge The 27th section enacts, that in any union under the 48 G. 3, c. 123, when he has not any two justices inay direct relief to be given been actually in custody within the walls of to any person not in the work house. The a prison for twelve months, but has lived particular parish is to be chargeable with the for sume portion of the time in the rules. relief, and it is not to be given out of the union Bull moved for the discharge of a defendant fund: therefore, the parish guardians will be out of custody under the 48 G. 3, c. 123. present to give this relief. "

There was a peculiarity in the case, the defenThe 38th section enacts, that workhouses dant not having been in custody within the shall be governed by the board of guardians; walls of the prison during the whole twelve evidently giving to the board of guardians, | months, but having lived a part of the time in the government of matters in connection with the rules. Gilberi and another v. Pope, 5 D. the poor,

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