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Coroners' Expenses.--Selections from Correspondence. children, by secret burying'or otherwise dis- doubts, however, on this point, it ought to be posing of their dead bodies.”
set at rest; and as murder and manslaughter are These costs are regulated by one of Peel's both great crimes, surely there should be the Acts, 7 G. 4, c. 6, ss. 22, 23. By the former like encouragement to prosecute before the section, the Court may order payment of ex-coroner in these, as in other cases to go before penses of the prosecution in cases of felony, the magistrate, and ulso of such expenses as the prosecutor and By 7 Geo. 4, c. 64, sec. I, two justices are witnesses may incur in attending before the empowered to bail in cases of felony. Now, examining magistrale, and also to compensate I think, this power should be extended to them for their trouble and loss of time, such coroners, to bail in cases of manslaughter. compensation to be ascertained by the ex. There are some cases in which considerable amining magistrate. No costs are allowed in doubt prevails, and others in which the guilt is prosecutions for misdemeanors, except those so small, that the cominittal and imprisonment mentioned in sec. 23, and among these the previous to trial is a higher punishment than misdemeanor of concealing the birth of a any court would award afterwards; and in my child is not enumerated, and the present Bill own experience it has worked great hardship. is to remedy the defect.
Some of our justices have stretched a point, There is another and greater defect, how- and having ordered the prisoner before them ever, which they do not propose to obviate. and examined the witnesses, have admitted All these cases of concealing the birth come himn to bail; but with great submission to them, in the first place before the coroner, whose this is clearly wrong, as they cannot get rid duty it is to hold an inquest on the child, to of the warrant of the coroner; and the gaoler, ascertain the cause of death. If the jury I think, might be punished for the escape of acquit the mother of the murder (the felony) the prisoner. the coroner's duty is at an end; the inother is
A CORONER. discharged, and the parties must then go before a justice of peace. He must issue a summons, and the witnesses must attend before him on another day, and if the evidence is suffi
SELECTIONS cient, the woman is committed or held to bail ;
FROM CORRESPONDENCE, but in the mean time, after her discharge by the coroner, neither be nor the constable has a right to order her detention, and she may, if she please, escape. Double trouble is also
EXAMINATION OF ATTORNEYS. heaped upon the parties; this might be avoided
iving the coroner's jury the power to en- ! Having read in the Legal Observer of the quire into the misdemeanor of concealing the 6th of May last some remarks upon the utility birth as well as the capital offence, and autho-, of making some distinctions between those rising the coroner to commit or bail, as the who inay display a greater or less degree justice can do. It will save delay, trouble and of talent and applicatiou at their examination expence. I propose that this power shall be (for admission as attornies), I beg to say given in the New Bill.
that, in my humble opinion, the plan proOn the subject of costs, the giving the pre-posed by your country correspondent would, Jiminary expences of attending before the ex- if adopted, be productive of the most be. amining magistrate in cases of felony, is a new neficial effect; for by the present plan no enactment and a good one. For some time after public distinction is, I believe, made beit passed, and in some counties still, on en-tween the man who really gives proof at his quiries before the coroner in cases of murder examination of superior talent, or of what apand manslaughter, being felonies, it was the pears to me more deserving of praise and subpractice for the coroner, 08 the examining stantial reward, persevering industry, and him magistrate, in such cases, to ascertain these who just manages to answer his questions withcosts and give the necessary certiticate; but out breaking down. My own abilities are of Sir James Allan Park, and some other learned a very common-place description, and my disJudges decided that coroners were not magi. position is to be idle; but were there to be any strates within the meaning of the statute, and distinctions made between the applicants for refused to allow such expences and costs; so admission according to the talent or know. that if a man go before a coroner he is, as ledge of their business displayed at their ex. it were, mulcted for doing so; but he has a amination, my ambition would lead ine to premium to go before the justice of peace. inform my faculties, and shake off the fetters With great submission to the dictr of Jus- of idleness, which, though they prevent my tice Park and the other Judges, I think I doing more, cannot prevent my getting a meit is fairly arguable, that the statute by using chanical knowledge of my business sufficient to the word “magistrate,"meant it in its enlarged pass me four years hence. sense, and to comprehend all persons exercising magisterial functions, seeing that this very
A YOUNG ARTICLED CLERK. act in other sections mentions coroners and justices of the peace specificially, whilst in this it uses the term “magistrate" in its larger sense, as comprising the two officers. As there are
Attorneys to be admitted.
Michaelmas Term, 1837.
(Continued from p. 70.) Clerk's Name und Residence.
To whom articled, ussigned, 8c.
Featherstone Buildings, Holborn.
Henrietta Street, Brunswick Square.
Street, Fitzroy Square.
and 31, Beaumont Street. Freeman John, Birstall, York.
· William Battye, Birstall. Fowke, Frederick Alexander, Halstead, Essex ; Thomas Forbes, Kelsall, Fareham; John Pal. and 2, New Boswell Court.
mer Stocker, 2, New Boswell Court. ' Grover, Montague, 6, Wells Street, Gray's John Thomas Grover, 50, Bedford Row; asa Inn Road,
signed to Francis James Ridsdalc, 5, Gray's
Hanger's Lane, Stamford Hill.
Street; and Devonshire Street, Middlesex.
Place; and 13, Belinda Street, Islington. ford Row.
morland; and 2, Thanet Place, Strand. Gale, Williain Burch, Balham, Surrey; and Edward Erskine Tustin, Bride Court, Bridge Penzance, Cornwall.
Street; assigned to Williain Harrison, 4,
South Square, Gray's Inn. Grange, Richard, Hainpstead ; and 35, Great James Barnaby Mills, Hatton Garden ; asJaipes Street, Bedford Ruw.
signed to Janies Goren, Orchard Street, Portman Square ; assigned to George Metcalf,
Dean Street, Soho.
Richard Claye, Manchester.
Henry Hill, 62, Doughty Street; and Veru-'
lam Buildings. Henshall, John, Manchester.
Thomas Richard Weeton, Leigh, Lancaster ;
assigned to Oswald Milne, senior, Man
Lincoln's Inn Fields.
and 6, Warwick Court, Holborn.
and 10, Essex Street, Strand. Hill, Alfred Wither, Worting, Southampton; John Cole, Oldham.
15, Chapel Place, Bermondsey, Surrey. Harrison, Thomas Barwise, Whitehaven. Michael Walker, Whitehaven. Humphrys, Harry, Wandsworth Road, Surrey; William Spence, Alfred Place, Bedford Square.
and 8, Store Street, Bedford Square. Hill, Thomas, 8, Goulden Terrace, Islington; Robert Webb, Birmingham.
20, Chancery Lane; and Birmingham. Jackson, Richard, Webb's County Terrace, Howell Jones Phillips, Norfolk Street, Strand; Newington, Surrey.
assigned to Robert William Peake, Norfolk
Street, Strand. Jennings, Edward, 58, Judd Street, Brunswick Henry Charles Chilton, 7, Chancery Lane.
80 Attorneys to be admitted.-- Judges' Circuits.- Insolvent Court Commissioners' Circuits.
Clerk's Name and Residence.
To whom articled, ossigned, &c.
to William Oliver Jackson, 58, Lincoln's
Inn Fields. Jones, Edward Chester, Cheltenham ; 18, Baynham Jones, the Younger, Cheltenham, Manchester Square ; 77, Harley Street;
17, Lower Berkeley Street ; and 12, Charing Johnson, Henry, East India Buildings, Lloyd Salisbury Baxendale, King's Arms Yard, Jones, John, City of Worcester.
William Finch, City of Worcester.
and Usk, Monmouth. Lord, John, Ashton-under-Lyne, Lancaster ; Joseph Higginbottom, Ashton-under-Lyne.
and 22, Gloucester Street, Queen Square. Lyon, Thomas, 56, Goswell Road.
Jasper Gibson, Hexham, Northumberland. Linay, Carter, 3, Church Row, Islington, John Smetham, King's Lynn. Lethbridge, John Christopher, 25, Abingdon John Lawrens Bicknell, 25, Abingdon Street,
Street, Westminster. Lamotte, John Lagier, Chester ; and Keather. Sinckler Porter, City of Chester. stone Buildings, Holborn.
[To be continued.]
RE-ADMISION OF ATTORNEYS AND
Mr. B. Parke.
Northern · · ·
Mr. J. Coltman.
S. Wales ...Mr, B. Gurney.
CIRCUITS OF THE COMMISSIONERS Charles Cooper of Raymead, in the parish of
FOR THE Cookham, in the County of Berks. John Acraman Hood, of the City of Bristol. | RELIEF OF INSOLVENT DEBTORS,
[These gentlemen had not complied with
the rule, but have obtained leave of the
Kennington, in the county of Surrey, for- H. R. Reynolds, Esq., Chief Commissioner, merly of Brighton.
Berkshire, at Reading, Tuesday, June 20. This is an application for re-admission O.xfordshire, at Oxford, Thursday, June 22. the day after Trinity Term.]
Worcestershire, at Worcester and City, Satur
day, June 24.
Gloucestershire, at Gloucester and City, Tuesa CIRCUITS OF THE JUDGES.
day, June 27. Monmouthshire, at Monmouth, Friday, June
30. Lord C. J. Denman, Home ..·
Brecknockshire, at Brecon, Monday, July 3. Mr. J. Littledale,
Glamorganshire, at Cardiff, Tuesday, July 4. s Lord C. J. Tindal. Western ,
Glamorganshire, at Swansea, Thursday, July 6, Mr. J. Patteson. Carmarthenshire, at Carmarthen and Borough,
s Lord C. B. Abinger. Friday, July 7. Orford, ... Mr. J. Coleridge. Pembrokeshire, at Haverfordwest and Town,
s Mr. J. Park. Midland
Monday, July 10. ... Mr. B. Bolland.
Cardiganshire, at Cardigan, Wednesday, July Í Mr. Justice Vaughan. 12. Norfolk, ... Mr. J. Bosanquet.
Radnorshire, at Presteigne, Friday, July 14,
Insolvent Court Commissioners' Circuits.- Superior Courts: Vice Chancellor. 81 Herefordshire, at Hereford, Saturday, July 15. 1.Lincolnshire, at Lincoln and City, Saturday, At the City of Bristol, Tuesday, July 18. August 5. Somerselshirë, at Bath, Friday, July 21. Nottinghamshire, at Nottingham and Town, Somersetshire, at Wells, Saturday, July 22.
Monday, Aug. 7. Devonshire, at Exeter and City, Tuesday, July Derbyshire, at Derby, Wednesday, Aug. 9. 25.
Leicestershire, at Leicester, Friday, Aug. 11. Cornwall, at Bodmin, Friday, July 28. Al the City of Lichfield, Saturday, Aug: 12. Devonshire, at Plymouth, Monday, July 31. Staffordshire, at Stafford, Monday, Aug. 14. Dursetshire, at Dorchester, Wednesday, Aug. 2. Shropshire, at Shrewsbury, Wednesday, Aug. Wiltshire, at Salisbury, Friday, August 4.
16. Al the Toron of Southampton, Saturday, Aug. 5. Shropshire, at Oldbury, Friday, Aug. 18. Hampshire, at Winchester, Monday, Aug. 7. Warwickshire, at Birmingham, Saturday, Aug.
19. NORTHERN CIRCUIT
Waricickshire, at Warwick, Monday, Aug. 21. J. G. Harris, Esq., Commissioner. At the City of Coventry, Wednesday, Aug. 23. Rutlandshire, at Oakham, Tuesday, June 20.
Northampionshire, at Northampton, Thursday, Yorkshire, at Sheffield, Wednesday, June 21.
Aug. 24. Yorkshire, at Wakefield, Friday, June 23.
Buckinghamshire, at Aylesbury, Saturday, Aug. Al the Town of Kingston-upon-Hull, Friday,
Vice Chancellor's Court.
PRACTICE.-PLEADING-HUSBAND AND Westmorlund, at Appleby, Friday, July 14.
WIFE. Westinorland, at Kendal, Saturday, July 15. A bill by hubsand and wife, in respect of the Lancashire, at Lancaster, Monday, July 17.
wife's separute property, is not sustainable, Lancashire, at Preston, Monday, July 24.
as it is in reality the husband's suit. Lancashire, at Liverpool, Tuesday, July 25.
The bill was filed in the names of a husband Cheshire, at Chester and City, Friday, July 28.
and wife, against the trustee of the wife's sepaFlintshire, at Mold, Monday, July 31. .
rate property. When the cause came on to be Denbighshire, at Ruthin, Tuesday, Aug. 1.
heard, Anglesey, at Beaumaris, Thursday, Aug. 3.
Mri Knight, for the defendants, took a preCarnarvonshire, at Carnarvon, Saturday, Au-Lliminaro obi
narvon, saturday, Au liminary objection to the suit. A bill filed by gust 5.
husband and wife, in respect of the wife's seMerionethshire, at Dolgelly, Monday, Aug. 7.
parate estate, was the husband's suit; and Montgomeryshire, at Welchpool, Wednesday,
any decree made in it, could not be conclusive Aug. 9.
against a decree in another suit by the wife, by HOME CIRCUIT.
her next friend. This must be held to be T. B. Bowen, Esq., Commissioner.
the suit of the husband. Hanrott v. Cadwal
lader & The defendants were desirous to pro. Kent, at Dover, Wednesday, July 12.
tect themselves, and their interests required Al the City of Canterbury, Thursday, July 13.
that the suit be instituted by the wife's next Kent, at Maidstone, Friday, July 14.
friend, making the husband a party defendant. Sussex, at Horsham, Friday, July 28.
A decree in a suit so framed, would bind the Hertfordshire, at Hertford, Friday, Aug. 4.
wife's interest, and protect the trustees. MIDLAND CIRCUIT.
Mr. Jacob and Mr. Lynch supported the
bill. The husband had no interest in the suit W.J. Law, Esq., Commissioner,
adverse to bis wife: he was her next friend. Essex, at Chelmsford, Wednesday, July 19. They referred to a case, not reported, in which Essex, at Colchester, Thursday, July 20. they said that the Lord Chancellor, when Lord Suffolk, at Ipswich, Friday, July 21.
Commissioner, made an order sustaining a Bedfordshire, at Bedford, Monday, July 24. suit like this. The case cited on the other Huntingdonshire, at Huntingdon, Tuesday, side was in support of the bill, it being there July 25.
| laid down that the wife, when made a co-plainNorthamptonshire, at Peterborough, Tuesday, tiff with her husband, might be examined by July 25.
the Court as to her consent, without altering Cambridgeshire, at Ely, Wednesday, July 26. the form of the pleadings. Cambridgeshire, at Cambridge, Thursday, July His Honor, the Vice Chancellor, said he 27.
would not dispose of the objection until he Suffolk, at Bury St. Edmunds, Saturday, could have an opportunity of conferring with July 29.
the Lord Chancellor, with respect to the case Norfolk, at Norwich and City, Monday, July said to be decided by his Lordship. If he 31.
should find it necessary to allow the objection Norfolk, at Yarmouth, Wednesday, Aug. 2. Norfolk, at I vun, Thursday, Aug. 3,
a ? Russ. & Myl. 545.
Superior Courts : King's Bench. to prevail, it would not be necessary perhaps to fis, that it is not averred that the bill was paydismiss the suit, as he may be able to suggest able when the action was brought, for that the ineans of making it conclusive against the form of expression used in the declaration is wife.
“ which period has now elapsed ;” and it is al. His Honor, on a subsequent day, said he had leged that that expression refers to the time of consulted the Lord Chancellor on the point ; the delivering the declaration, and not to the and his Lordship did not think that he decided time of the commencement of the action. That any such question. His Honor allowed the objection was once entertained in the Court of objection.
Exchequer ; but in a subsequent casec in that Owden v. Cumpbell.-At Westminster, April Court upon special demurrer and full argu26th and 27th, 1837.
ment, and time taken to consider, the Court overruled the former case and declared such an
allegation to be sufficient. Another objection King's Bench.
is, that it did not appear by the declaration on
what day, or in what month, the defendant made [Before the Four Judges. ]
the several promises, or any of them. Not any DEMURRER.
promise is alleged in the declaration, which is
in debt. So that that objection is not sustainA rule 10 set aside a demurrer as irregular,
urrer as regular, able. The plaintiff is entitled :0 his rule, which and to sign jarigment 118 for want tofu pleu,
ml" plot, should be absolute in the first instance. under the new rules, Hil. Term, 4 W. 4,
| Lord Denman, C. J.-You may take a rule, $. 2, must be a rule to sheu cituse, and can
No, but it can only be a rule to shew cause. We not be absolute in the first instance:
| cannot dispose of this matter by a rule absolute Quære, whether an action of debt can be main
tained by an indorsee against the drawer of Per Curiam.-Rule to shew cause accor-
Spencer v. Neulo, T. T. 1837. K. B.F.J. Mr. Wightman moved for a rule to set aside a demurrer to a declaration as irregular, and to have leave to sign judgment as for want of a plea. This is an application under the new
MANDAMUS -GAME LAWS. rule, Hil. Term, 4 W. 4, s. 2. In this case an The Court will not grant a mandainus to action upon a bill of exchange has been brought
compel the justices in quarter sessions to against the defendant by the indorsee, to enter continuances and hear an appeal whom the defendant indorsed it. One of the ugainst a conviction under the provisions of alleged causes of demurrer is, that there is a the Game Act, and to receive evidence of variance between the statement in the declara . title. tion and the indorsemeut on the outside sheet
Mr. J.J. Williams moved for a rule to shew of it: for that the declaration states that the
because why a mundumus should not issue to the plaintiff by A. B. his attorney complains,
$: justices of the county of Berks, cominanding whereas the indorsement shews that C. D. is
them to enter continuances, and hear an apthe plaintiff's attorney. It is quite clear that
peal, in which Thomas Pratt was the appellant, that ground of demurrer is frivolous, and the
and the president and scholars of St. John's Court cannot look at the indorsement on the
College, Oxford, were the respondents in the outside sheet of a declaration to contradict the
case of a conviction of the appellant under the statement in the declaration itself. There is
18 provisions of the Game Act; and he applied clearly a proper statement upon the record of):
also that the mandamus should likewise direct an attorney for the plaintiff. '[Mr. Justice Lit
" them to hear evidence of the title of the retledule.-Buton looking at the declaration, there
respondents to certain land as set forth in the appears an objection which may not be frivolous.
conviction. He founded his application on This is an action in the form of debt, against |
ainst affidavits, which stated that an information the drawer of a bill of exchange. Might |
under the Game Act (1 & 2 W. 4, c. 32), had not that be made the subject of a general de
been laid against the appellant for being upon murrer ?] No. It was at one time supposed
certain land described in the information as that debt would not lie against a drawer, and
the property of the president and scholars of the authority referred to was a dictuin in Skin
the College of St. John the Baptist, at Oxford, ner ; but that point is now settled by Predby
and there killing a rabbit. By the 45th sec. v. Aenbrey,a where a privity between the
of the Game Act, it is enacted that no sumplaintiff and defendant is recognised as the
mary conviction under that act, nor any apground on which debt may be inaintainable.
peal therefrom, shall be removed by certiorari The indorsement by the defendants to the plain
into any of the Superior Courts of Record. tiff is an instance of privity on which debt may be
The proceedings under that act are therefore maintained. The next objection is, that the
wholly confined tu the adjudication of the sesaction was commenced by writ of capius, and
sions. It becomes therefore absolutely necesnot by writ of detainer, “as in the declaration is untruly alleged.” This is too frivolous to require a moment’s notice. Another objection b Abbott v. Arlett, 4 Dowl. Prac. Cas. 759.
c Owen v. Waters, 5 Dowl, Prac. Cas. 324 ; a 1 Barn. & Cres. 674.
S. C. 2 Mee, & Wels. 91.