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

Sir,

Amidst the general cry for reform, which now prevails, few of the many abuses to which the legal profession are subjected, can long remain unredressed. There is one, however, 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.

There are few lawyers, either in town or country, who do not expect their clerks to maintain a respectable appearance; but they do not sufficiently bear in mind, the necessity of supplying them with competent means to comply with their expectation. This is the more to be regretted, because there is no plea by which such treatment can be excused. The majority of those gentlemen by whom clerks are kept, are persons whose practice is such, as certainly would enable them to pay a liberal salary to each,a and I am sure it cannot be alleged that the clerks themselves are not deserving of such encouragement. How many lawyers' clerks are there in London who possess talents that would do credit to the lawyers whom they serve? and how many are there who, although men of respectable abilities, and although serving masters who are in the habit of throwing a large part of the burden of the business upon their shoulders, are nevertheless obliged to support both themselves and their families upon salaries more limited than the majority of journeymen mechanics are in the habit of receiving.

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hearted and noble-minded men, are acting a
part in the practice complained of, they will
turn the subject over in their minds, and while
deciding upon the course they will in future
adopt, remember the philanthropic maxim,
"do unto others, as ye would that others should
do unto you."
E. S

SUPERIOR COURTS.

Equity Exchequer.

CONTRACT. FRAUDULENT MISREPRESENTA
TIONS.

A contract for the purchase of a patent invention being set aside by reason of fraudu lent misrepresentations of its advantages, though only one of the vendors was guilty of the misrepresentations, it was held that all of them were liable generally to refund the purchase money, and to pay the purchaser's costs of suit, without reference to their particular interests in the invention. This case, with the judgment on it, is fully reported in 12 Leg. Obs., p. 226, and afterwards 2 Younge and Collyer, p. 46. It is also reported on points of practice arising on an application for a rehearing, 13 Leg. Obs. 409.

The case was reheard, chiefly with reference to that part of the decree directing an inquiry by the master as to the share of 3000/. paid by the plaintiff, that was received by each of three defendants; and dismissing the bill as against the fourth defendant, who received no part of the money, and giving him his costs.

But this is not all. Not only are the gentlemen by whom this parsimony is practised, destitute of excuse, but they are acting a part indirectly, if not directly, in opposition to their own genuine interests; for I take upon myself Mr. Baron Alderson, having heard the arguto assert, (and I speak not unadvisedly,) 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 argument at the bar, after having fully heard the a respectable sphere in life are entitled to re-acute observations of the counsel for the deceive, not one clerk in ten, I say, but would become of far more service than he is at present, thus exemplifying the truism that "one hour's labour of a free man is worth two of a slave."

Let me not be thought to speak disrespectfully of the profession. It has not, that I am aware of, a reputation for illiberality; and I should be the last person in the world to brand it with a character which it does not deserve. The fact is, that although the evil is so general, it is not sufficiently known or considered.

Let me express a hope, that as through the wide circulation which your journal so deservedly enjoys, these remarks must meet the eye of many, who, though in reality kind

a We fear that the majority of the profession is not m the favorable situation which is here taken for granted. Ev.

fendants, I see no reason to change the opinion which I before delivered on the main question. I was then, and still remain, perfectly satisfied that the plaintiff made out a case of fraud, which entitled him to relief in a court of equity. The extent of that relief has been made the subject of a petition for a rehearing, and upon that petition I now propose to declare my revised opinion. It seems to me now, as it did before, to be clearly established, that the rest of the defendants had no knowledge of the fraudulent misrepresentations made by the defendant Hicks. But the money paid by the plaintiff in consequence of these misrepresentations has been paid to all the defendants, on a joint 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 knowledge possessed by the plaintiff of their particular interests; and as to the defendant Smith, I think that on the former hearing I placed too

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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 ceration, I am satisfied that in this respect my tiorari 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 administrahim upon a consideration which had failed al- tion of the Poor Laws, by the name of the together. That was my own impression when" Whitechapel Union," and that a board of I first heard the cause. I think it ought to be considered a rule of equity as of law, that the defendants were all equally bound to repay this money, without any reference to the amount of their particular shares. I am therefore satis-der a local act of parliament. The rule had fied that the decree ought to be varied in respect to the sum of 3000. paid, by directing that it be repaid by the defendants, and that the plaintiff is entitled generally to the costs of

the suit."

Lovell v. Hicks and others. Gray's Inn Hall, June 20, 1837.

King's Bench.

Sittings in

[Before the Four Judges.]

guardians should be constituted under the provisions of the act of parliament. One part included in the union was the Old Artillery Ground, which was governed by trustees un

been obtained by two trustees for managing the poor of the Artillery Ground. It appeared by the affidavits that the Poor Law Commissioners formed several different places into an union, called the Whitechapel Union, and that in the Old Artillery Ground the administration 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 object to the order, as they say the general Poor Law Act does not authorize the commissioners to include in unions those parishes where the poor laws had been administered under local acts. It will therefore be necessary to advert to some of the clauses of the act to see whether their power enables them to unite parishes having local acts. The first fourteen sections relate to the machinery of 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 Engunions, 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 thus 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 local act, was directed to form a part.

POOR LAWS.-COMMISSIONERS' POWER. The Poor Law Commissioners have, under the 4 & 5 W. 4, c. 76, s. 26, authority to form several parishes into an union, although one of such parishes may be governed under a local act of parliament.

The Attorney General, Sir W. Follett, Mr. Wightman, and Mr. Tomlinson, appeared to shew cause against these rules; and contended that the words of the Poor Law Amendment Act giving the commissioners the power to form unions were most unrestricted, and must therefore be taken to override the provisions of any local act.

Sir F. Pollock, Mr. Cresswell, Mr. Bodkin, and Mr. Thomas, were heard in support of the rules; and insisted that the Poor Law Amendment Act could not be construed to repeal by implication hundreds of local acts; that if the commissioners could not, as the St. Pancras case had decided they could not, directly give a new constitution to a single parish governed by a local act, a fortiori, they could not indirectly effect that object by uniting such a parish with several others, and that to hold otherwise would be to enable the commissioners to evade the decision in the St. Pancras

case.

Lord Denman, C. J., delivered the judgment of the Court. This was a rule calling

management of the poor; but it does not contemplate any arrangement relative to the point before us. The four next sections give general directions as to the rules and regulations. The 21st section enacts, that, unless in cases otherwise provided for by this act, all the power and authorities given in and by a certain act of parliament of 22 Geo. 3, (called Gilbert's Act) and the 59 G. 3, (called Sturges Bourne's Act), and all the acts for amending such acts, and all other the powers and authorities given by every other act, general as well as local, in any way relating to the relief of the poor, shall in future be exercised by the persons authorised by law to exercise the same, under the controul, and subject to the rules, orders, and regulations of the commissioners; and the commissioners are authorized to attend the parochial boards and vestries, and to take part in the discussions, but not to vote at such board or vestry." This clause gives the commissioners the same jurisdiction over parishes governed by local acts, as they have over those parishes which have no local act. The 22d section gives authority to the commissioners in 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 times, 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. 3. 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 workhouses 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 the said commissioners 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 havsuch 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 comworkhouse, and such poor may 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 diparishes 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 work- the 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 unions, or this power to form 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 several cases in the books to shew that where the intention of the legislature was apparent that the subsequent act should not have such an operation, there, though the words of such statute, taken strictly and grammatically, would repeal a former act, the courts of law, judging for the benefit of the subject, have held that they ought not to receive such an interpretation." In considering the question how far the general provisions of an act of parliament are to be qualified by other acts, the principle object of the latter act must be borne in mind. The great object of this act now under our consideration, is to obtain an improvement in the management of the poor, and the legislature thought it was to be obtained by uniformity in the system. Perfect uniformity appeared to be difficult to be attained, but the object was to come to it as near as could be, either by enactinents to be carried into effect immediately or at some convenient time, and the commissioners are invested with power for that purpose, and are to exercise such power as they think fit. No doubt it is a most material

a Williums v Pritchard, 4 T R. 3.

lations, as they may think fit for adapting the constitution, management, and board of guardians of every such union from or to which there shall be such separation or addition as aforesaid, to the altered state of the same. And every such union, after such alteration, shall be constituted, managed, and governed, as if the same had been originally formed in such altered state. And in case any union shall be wholly or partially dissolved, then the parishes constituting, or in case of a partial dissolution separated from any such union, shall thenceforth be subject to be re-united with other parishes or unions, or otherwise dealt with according to the provisions of this act, as the said commissioners shall think fit. Provided always, that in every such case, the said commissioners shall, and they are hereby required to ascertain the proportionate value to every parish of such union, of the workhouse or other property held by such union for the use of the poor, or the benefit of the rate-payers; and also the proportionate amount chargeable on every parish in respect of all the liabilities of such union, existing at the time of such dissolution or alteration of the same; and the commissioners shall thereupon fix the amount

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Superior Courts: King's Bench; King's Bench Practice Court.

to be received or paid by every parish affected by such alteration; and the sum to be received, if any, by such parish, shall be paid to the overseers or guardians of the same, for the benefit of such parish, and in diminution of the rates thereof; and the sum to be so paid by every such parish, shall be raised under the direction of the said commissioners, by the overseers or guardian of such parish, or charged on the poor rates of such parish as the said commissioners may see fit, and shall be paid for the use and benefit of the union from which the same parish shall have been so separated, or of the persons or parishes otherwise entitled thereto. Provided always, no such dissolution or alteration of the parishes constituting any such union, nor any addition thereto, shall in any manner prejudice, vary, or affect the rights or interests of third persons, unless such third persons shall consent in writing to such dissolution, or proposed alteration or additions; and that no such dissolution alteration, or addition shall take place or be made, unless a majority of not less than twothirds of the guardians of such union shall also concur therein. And in every such case when the said majority of the guardians of such union, shall so concur in such proposed alteration, the terms on which such concurrence shall have been given, if approved by the said commissioners, shall be binding and conclusive on the several parishes of such

union."

The 54th section is confined to the relief of the poor having a local board, and whether forming part of the union or incorporation or not; and this section orders that such relief shall beiong exclusively to such guardians of the poor.

We do not feel it necessary to discuss the judgment we have pronounced on the 39th section. Although we were pressed at the bar with the consequence of holding that this union might be good, and we were told that if we did so, our former judgment would be easily evaded, inasmuch, as the commissioners would be at liberty to unite any parish having a local board, although by the effect of that judgment, they could not alter the mode of government of the poor, adopted in that parish itself. But we are not to assume that the commissioners would evade the law, or colourably unite a parish possessing a local board, inerely because they had not the power to give to that parish, as a single parish, a new constitution and mode of government.

The powers given by the 26th section are different in terms from the 39th section; and we have no doubt that both the one power and the other, will be faithfully carried into execution according to the directions we have given. The vast and populous parishes for which local constitutions have been enacted, stand in a different position from smaller pa rishes which may be affected by Gilbert's Act. Whether it is or is not desirable that the former should remain single, there are obvious reasons for supposing that parliament would have been unwilling to disturb what it found established; but to withhold the power of uniting parishes which ought to be united, merely, because they had local acts, might have the effect of preventing the operation of the new law over a large portion of the country, which is not the intention of the act. We find accordingly, that the power to unite parishes is confirmed by the 26th section without restriction, and is pointed at in several other The 32d section prohibits a dissolution with-sections. Upon the whole, we are of opinion out the consent of two-thirds of the guardians. that the commissioners have exercised a lawThe 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.

And it is to be observed, that this consent is only to be required when unions are altered, and not when originally formed. This mode of ascertaining the apportionments of expense is directed by the 28th and 29th sections. All parishes whatever, were therefore, without any distinction as to local acts, under the contemplation of both sections, and must be considered as capable of forming a part of an union; and if unions of parishes under local acts may be made part of an union under the act in question, so may a single parish.

It is not necessary to go further in remarking the circumstances connected with the union.

It is worthy of observation, that the 26th section provides, that notwithstanding the union, each parish shall be separately chargeable with and liable to defray the expences of its own poor.

The

The 27th section enacts, that in any union any two justices may direct relief to be given to any person not in the workhouse. particular parish is to be chargeable with the relief, and it is not to be given out of the union fund: therefore, the parish guardians will be present to give this relief.

The 58th section enacts, that workhouses shall be governed by the board of guardians; evidently giving to the board of guardians, the government of matters in connection with

the poor.

Rule discharged-The King v. The Poor Law Commissioners, T. T. 1837. K. B. F. J.

All the other rules obtained on similar circumstances, were also ordered to be discharged.

King's Bench Practice Court. DISCHARGE OF PRISONER, 48 G. 3, c. 123. A defendant is not entitled to his discharge under the 48 G. 3, c. 123, when he has not been actually in custody within the walls of a prison for twelve months, but has lived for some portion of the time in the rules. Bull moved for the discharge of a defendant out of custody under the 48 G. 3, c. 123. There was a peculiarity in the case, the defendant not having been in custody within the walls of the prison during the whole twelve months, but having lived a part of the time in the rules. Gilbert and another v. Pope, 5 D.