No. 18, NEW SERIES.-Vol. I. No. 957, OLD SERIES.-Vol. XIX. TO BARRISTERS MAY 12, 1855. ONLY.-To LET, a SET of In a few days will he published, CHAMBERS, comprising sitting-room and clerk's room, on the HAND-BOOK OF CHANCERY. second floor of 28, Southampton-buildings; with excellent bed room, if required. Rent, with bed room, 25 guineas; without, 20. Housekeeper 81. None but Barristers in the house. TO SOLICITORS AND OTHERS. Any one having the Custody of the WILL of the late MAJOR ROWLAND HILL, of the Hon. East India Company's Service, or who knows where the same is deposited, is requested to write to W. M. C., to the care of Mr. Bridgewater, No. 31, South Molton-street, Oxford-street. Just published, royal Svo.. price 12s. boards, PRICE 1S. Second Edition. By WORDSWORTH'S LAW of MINING, BANKING, and GENERAL JOINT-STOCK COMPANIES. 158. boards. THE London: Benning & Co., Fleet-street. THIBAUT'S SYSTEM DES PANDEKTEN RECHTS. subjects, designed for the use of Merchants and Traders. An Introduction to the Study of Jurisprudence, being a Transla- Just published. iu 1 vol. 12mo., price 4s. 6d. boards, WILLS' VESTRYMAN'S GUIDE.-A Treatise on the Powers and Duties of Vestries in Ecclesiastical Matters; being a Just published, in 1 vol. 12mo.. price 188. cloth, JARMAN'S NEW CHANCERY PRACTICE. Second Edition, considerably enlarged and extended, so as to form a complete Practice of the Court. "It is most ably executed."-Law Magazine. Sixth Edition. On the 15th of May will be published, price 78. Gd., Effingham Wilson, Royal Exchange. SMITH'S LAW OF CONTRACTS. Just published, in 8vo., price 78. 6d. boards, W. Maxwell; S. Sweet; and Stevens & Norton, Law Booksellers and A TREATISE on the ADMINISTRATION of TRUST Publishers. In 1 vol. 12mo., price 12s. cloth, By at SHELFORD'S LAW of COPYHOLDS; including COMMON-LAW AND EQUITY REPORTS.—A com STONE'S BENEFIT BUILDING SOCIETIES, FREE- Equity HOLD LAND SOCIETIES, &c.; containing their Origin and Constitution, the Law, Statutes, Cases, Rules, Forms, and Precedents of Securities. "The plan of the work is clear and practical."-Globe. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, in 1 vol. 12mo., price 10s. 6d. cloth, THE NEW COMMON-LAW PROCEDURE, founded on the Acts of 1852 and 1854; including the New Rules on Practice and Pleading, with Notes of Cases decided thereon to Michaelmas Common Law Bankruptcy and Insolvency. Ecclesiastical. Admiralty, and Prize Court.. £ s. d. 4 4 0 3 3 0 2 20 220 1 1 0 110 1 1 0 Subscriptions received, by post or otherwise, at 10, Little New-street, THE PUPIL'S EDITION. Term, 1854; and Forms, Tables, and Index. By PHILIP FRANCIS, J. D. HARDING'S LESSONS on ART, in Parts con of the Middle Temple, Esq., Barrister at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. In 1 vol. 12mo., Fourth Edition, price 7s. cloth, taining four descriptive and illustrated Lessons, teaching from the first holding and cutting a pencil until the power is acquired of drawing artistically from nature or printed studies. From this Work drawing may be learned in the absence of a master, and properly taught PRIDEAUX'S LAW of JUDGMENTS.-The Law of in every public or private seminary and village school, or by governesses Judgments and Crown Debts as they affect Real Property. By FREDERICK PRIDEAUX, Esq., of Lincoln's-inn, Barrister at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. THE following REPORTS are lately published : KAY & JOHNSON. Vol. 1, Part 2. COMMON BENCH REPORTS. Vol. 15, Part 4. W. Maxwell, 32, Bell-yard, Lincoln's-inn. No. 18, VOL. I., NEW SERIES. in private families. To be completed in 30 Parts. Day & Son, Lithographers to the Queen, Gate-street, Lincoln's-innfields; D. Bogue, Fleet-strect; Winsor & Newton, Rathbone-place. PAPER.-The cheapest, largest, and best assorted Stock, suitable for the use of the Legal Profession, will be found at MATTHEWS & DREW'S, Paper Manufacturers and Stationers to the High Court of Chancery, 38, High Holborn, opposite Chancery-lane, -Samples, with prices, will be forwarded on application, and orders to the amount of 21. carriage-free to the country. First-class Investments, comprising Annuities or Rent-charges, granted under the Metropolitan Districts Acts of Parliament, and secured upon the various Police-offices. Hammersmith.-Very valuable Copyhold Estates, producing about 1607. per annum, part of the Estates of the late William Payne, Esq. MESSRS. FAREBROTHER, CLARK, and LYE have MESSRS. FAREBROTHER, CLARK, and LYE are received instructions from the Executors of the late George Townley, Esq., of the Albany, to SELL by AUCTION, at Garraway's, on Thursday next, May 17, at 12, the following very valuable ANNUITIES or RENT-CHARGES, viz.:-Lot 1. A rent or annuity or 3151. per annum, clear of all deductions, for 17 years, secured upon the Bowstreet Police-court, under the authority of the Receiver-General, acting under the Metropolitan Police Districts Acts of Parliament. Lot 2. A rent or annuity of 1231. 18s., clear of all deductions, for 42 years, secured upon the Hunter-street Police-court, Brunswick-square, and premises, under the like authority. Lot 3. An annuity of 2661. 28., clear of all deductions, for 48 years, secured upon the Blackman-street Police-station, Borough, under the like authority. Lots 4 and 5. Improved rents, amounting to 2877. per annum, clear of all deductions, for 51 years, secured upon premises in Great Scotland-yard, occupied by the Commissioners of Police, and partly by the Lords of the Admiralty. Lot 6. An annuity of 2541. 138. 10d., clear of all deductions, for 84 years, secured upon the Westminster Police-station, Vincent-square, under the authority of the Metropolitan Police Districts Acts of Parliament. Lot 7. An annuity of 551. 12s. per annum, clear of all deductions, for 30 years, secured upon the Greenwich Police-station, Blackheath-road, under the like authority. Particulars are preparing, and may shortly be had of James Townley, Esq., solicitor, 1, Moorgate, London-wall; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, 6, Lancaster-place, Strand. Twickenham Common, within one mile of the Station.-Beautiful directed by the Executors to SELL by AUCTION, at Garraway's, on Wednesday, May 30, at 12, in lots, a very valuable COPYHOLD ESTATE, situate in the High-street, Hammersmith, near the Broadway, comprising three capital Houses and Shops, with large gardens, in the occupations of Mr. Lacey, grocer, and Mr. Barker, upholsterer, at rents amounting to 1327. 10s. per annum; also a very valuable piece of Copyhold Ground, now used as a market garden, in the rear of the foregoing, and having frontage to, and entrance from, Great Church-lane, adapted for building purposes. The property is copyhold of the Manor of Fulham, subject to a quit-rent of 2s. per annum, and the land-tax is redeemed. May be viewed by permission of the tenants, and particulars had of Edward Jennings, Esq., solicitor, 9, Chancery-lane; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Chepstow, Monmouthshire.-The distinguished Freehold Domain of Piercefield, capital Mansion, beautifully undulated and finely timbered Park, bounded by the river Wye, to which there is a terrace walk extending about three miles, gardens and pleasure grounds, together with several compact Farms, with all suitable Farming Buildings, and upwards of 2000 acres of productive Land, a portion of which is especially adapted for the erection of villas, several private residences and cottages in the village of St. Arvans, and the Piercefield Inn; also the Stall-house Farm, in the parish of Redwick, about a mile and a half from the Magar Station on the South Wales Railway. MESSRS. FAREBROTHER, CLARK, and LYE are instructed to submit for SALE by AUCTION, at Garraway's, on Thursday, May 31, at 12, in one or numerous lots, (unless an acceptable offer is previously made by private contract), the distinguished DOMAIN of PIERCEFIELD, mansion, park, pleasure grounds, and MESSRS. FAREBROTHER, CLARK, and LYF have lands, most beautifully situate on the banks of the Wye, near the town received instructions to SELL by AUCTION, at Garraway's, on Wednesday, May 30, at 12, a beautiful detached Gothic VILLA RESIDENCE, freehold and small part copyhold, at Twickenham Common, about one mile from the station, and near to the park of Sir William Clay, Bart. The residence is approached from the high road through handsome iron entrance gates, is placed in the centre of the pleasure grounds, ornamented with stately timber, and contains seven bed chambers, two dressing rooms, boudoir, drawing and dining rooms, library, breakfast room, bath room, and servants' offices; detached stabling, dairy, and carriage yard, tastefully disposed pleasure grounds, walled kitchen garden, orchard, and paddocks. The whole about 31 acres. There is plenty of good water, excellent drainage, and gravelly soil. Abutting on the pleasure grounds is a fine sheet of water, which is rented of the Duke of Northumberland. May be viewed, and particulars had of Messrs. Nelson, solicitors, Essex-street, Strand; of Messrs. Burley and Carlisle, solicitors, Newsquare, Lincoln's-inn; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Warwick-road West, Paddington.-A capital newly erected long Leasehold Residence, with possession. MESSRS. FAREBROTHER, CLARK and LYE will SELL, at Garraway's, on Wednesday, May 30, at 12, by direction of the Executors of Edward Dixon, Esq., the mortgagee, a capital newly-erected FAMILY RESIDENCE, 1, Warwick-road West, of handsome elevation, ornamentally stuccoed, and pleasantly situate at the junction of the Warwick-road, Clifton-villas, and Clifton-gardens, and near to the site for the new church, and contains on the upper floor, two bed rooms; on the third floor, two good bed rooms, landing, and water-closet; on the second floor, two spacious bed rooms, dressing or bath room on landing; on the first floor, two elegant and lofty drawing rooms, finished with great taste, with bow front window, fitted with of Chepstow; the domain immediately attached to the mansion, embracing about 700 acres, a considerable portion of which forms the park, inclosed by a wall of nearly two miles in extent, beautifully undulated and clothed with forest, yew, and other trees and brushwood, stretching down to the banks of the Wye, that part which skirts the river being precipitous, and having winding walks of several miles in extent, commencing near Chepstow Castle, and ending at the celebrated Wyndcliffe, at various points commanding the most extensive views of the scenery of the confluence of the Severn and Wye, with the distant views of Gloucestershire, Wiltshire, Somersetshire, the Bristol Channel, Monmouthshire, Glamorganshire, &c.: the limits of an advertisement render it impossible to give an adequate description of the scenery of this beautiful locality. The estate commences within one mile of Chepstow, and extends, with little interruption, to Tintern Abbey. The several farms are known as Portcasseg, Lancant, Red House, Penterry, the Gardens, Gaer-hill, Brown's Grounds, Great and Little Pantas, Cae Douts, Pantry Mill, and Lands; numerous private residences and cottages in the village of St. Arvans, the Piercefield Inn, and several plots of accommodation and building land; the whole comprising an area of about 2100 acres, and of the value of nearly 30001. per annum. Also, in the parish of Redwick, about one mile and a half from the Magar Station on the South Wales Railway, between Kingston and Newport, the freehold farm, known as Stall-house Farm, comprising about 45 acres, in the occupation of Mr. Lewis Williams, at the rent of 801. per annum. Particulars, with plans, may be had at the Beaufort Arms Inn, Chepstow; of Messrs. Evans, solicitors, Chepstow, Monmouthshire; Red Lion, Magar; King's Head, Newport; and in London, of Messrs. Hume and Bird, the solicitors to the vendors, 10, Great James-street, Bedfordrow; and of Messrs. Farebrother, Clark, and Lye, Lancaster-place. Wiltshire. Very valuable Church Preferment, amounting to nearly 15007. per annum; the Incumbent aged 70 years. plate-glass; good dining room and library, lobby, water-closet, and MESSRS. FAREBROTHER, CLARK, and LYE are school room; entrance and inner halls, with stone staircase, handsome iron balustrades, and the walls papered in imitation of Siennæ marble; kitchen, scullery, housekeeper's room, pantry, footman's room, wine cellar, larder, coal vaults, &c. in the areas, and side entrance to the road. The principal rooms are of good dimensions and proportions, and finished in a superior style. The estimated annual value being 1607. per annum. Is held under a lease for a term of 97 years from the 25th March, 1853, at a ground rent of 247. per annum. May be viewed on application, and particulars had at the residence; of Messrs. Lee and Pemberton, solicitors, 44, Lincoln's-inn-fields; at Garraway's; and of Messrs. Farebrother, Clark, and Lye, 6, Lancasterplace, Strand. Very valuable Freehold Estates, Strand and Temple-bar, producing about 6301. per annum, part of the estates of the late William Payne, Esq. MESSRS. FAREBROTHER, CLARK, and LYE are directed by the Executors to prepare for SALE by AUCTION, at Garraway's, on Wednesday, May 30, at 12, in lots, the following instructed to SELL, at Garraway's, on Wednesday, June 13, at 12, (unless an acceptable offer is previously made by private contract), the very valuable NEXT PRESENTATION (subject to the life of the incumbent, aged 70 years) to the RECTORY of Pewsey, situate about seven miles from Marlborough, twelve from Devizes, thirty from Bath, and fourteen from the Great Western Station at Hungerford; consisting of an excellent residence, with offices, garden, and 124A. 2R. IP. of glebe land. Also the commuted Rent-charge in lieu of the great and small tithes of the parish, containing about 4000 acres. The gross annual value is 14647. 11s. 7d. Descriptive particulars may be had, 21 days previous to the sale, of Essex. In the parish of Magdalen Laver, easy distances from Harlow, very valuable FREEHOLD ESTATES, viz.:-The New Barn public- MESSRS. FAREBROTHER, CLARK, and LYE have house and wine-vaults, in St. Clement's churchyard, in the Strand, let on lease, expiring 1859, at 150/. per annum, a premium of several thousand pounds having been given for the lease. Nos. 7, 8, 9, 13, 14, 15, and 16, Great Shire-lane, and Nos. 1, 2, and 3, Brick-court, on leases and agreements, at rents amounting to 1707. per annum. No. 37, Bellyard, Temple-bar, let on lease to Mr. W. Stevens, as a printing office, at 651. per annum; and 39, Bell-yard, Temple-bar, let on lease to Messrs. Richard Stevens and G. S. Norton, at 651. per annum. The dwellinghouse and printing-offices, 38, Bell-yard, and 10, Great Shire-lane, on lease to Messrs. Roworth and Sons, at 1711. per annum, and ground in the rear of 41 and 42, Bell-yard. The properties may be viewed by permission of the respective tenants. Particulars are preparing, and may be had of Edward Jennings, Esq., solicitor, 9, Chancery-lane; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. received instructions to SELL by AUCTION, at Garraway's, on Wednesday, June 13, at 12, a very desirable Freehold esTATE, called Spencer's Farm, land-tax redeemed, partly adjoining the high road from Epping to Harlow, six miles from the former, five from the latter, and six and eight miles respectively from the capital market towns of Ongar and Bishop Stortford; comprising a capital farm-house, garden, warm yards, all suitable and well-arranged agricultural buildings, and 126A. 1R. 30P. of productive arable and pasture land, lying within a ring fence. The lands are in a high state of cultivation, the pastures are bounded by a stream, and lie well for irrigation. There are several ponds on the property, and it has been in the occupation for upwards of twenty years of the late Mr. John Larter, a highly-respectable and intelligent farmer, and now of his executors. May be viewed, and particulars, with plans, had at the farm; at the George and Green Man Inns, Harlow; Cock, Epping; Crown, Ongar; CONTENTS. COURT OF QUEEN'S BENCH-(continued). Hughes v. Lumley.-(Ejectment-Title by elegitWarrant of attorney-Usury-Priority of judgments) Croft v. Lumley.-(Ejectment-Leave to appear and defend-Affidavit-Lessee of box in theatre-Defence as to part-" Tenant by elegit'-Commonlaw Procedure Act, 1852, (15 & 16 Vict. c. 76), ss. 172, 174).. Gore v. Baker.-(Award-Count for several demands -Plea, never indebted - One finding-CostsSending award back). COURT OF COMMON PLEAS. By W. PATERSON and W. MILLS, Barristers at Law. Griffiths v. Teetgen.--(Seduction-Master and servant-Evidence of service-Temporary residence not service) Butcher v. The London and South-western Railway Company.-(Liability of railway company for the loss of luggage-Delivery of luggage to a passenger) COURT OF EXCHEQUER. 422 424 425 426 427 By W. M. BEST, Barrister at Law. Rodway v. Lucas.-(15 & 16 Vict. c. 76, s. 25-Special indorsement on writ of summons-Practice).. 429 CROWN CASES RESERVED. 415 By G. J. P. SMITH and W. B. BRETT, Barristers at Law, Reg. v. The Manchester, Sheffield, and Lincolnshire Railway Company.-(Railway company-Compensation-Master of grammar-school-Interest not greater than as tenant from year to year—Arbitration-Lands Clauses Consolidation Act, 8 & 9 Vict. c. 18, ss. 68, 121). THE JURIST. LONDON, MAY 12, 1855. 419 On a recent occasion, in the House of Peers, Lord Campbell stated that he found an impression prevailing among the authorities of the different towns on circuit, that the military (including the militia) should be excluded from them during the holding of the assizes; but stated his own opinion to be, that this was not required by law, although it was so during the holding of elections of members to serve in Parliament. The Lord Chancellor concurred in this opinion. The practice in this respect has differed during the last year or two in different places; in some the militia were retained in the town, and formed a considerable portion of the spectators and auditors in court; in others, they were sent away, from a supposition that it was constitutional to do so; in others, they left merely because of the difficulty felt by the inhabitants in billeting them, and at the same time providing for the invasion of counsel, attornies, and witnesses*. It may be that in former times the ministers of justice were supposed to *A military friend has informed us that the rule in practice in England is to confine the men to the barracks until the judge sends word that he does not think it necessary to do so; but that in Ireland, the judges, not being afraid of soldiers, are often attended by a military guard of honour. ..... COURT OF ADMIRALTY. By J. P. DEANE, D. C. L. The Lanarkshire.-(Wages-Ship's articles—Lis alibi pendens-Action in rem and in personam)...... 431 be overawed by the rude soldiery in their vicinity; or that powerful suitors would have endeavoured to avail themselves of the military power in support of their claims, or of their resistance to the claims of others; the maxim "inter arma leges silent" then had a practical application. The army have often been used as the instrument of despotism; as the law itself, although generally the friend of liberty, has also been perverted to the same end. Between the two, however, there has at times been the most strenuous conflict, and some symptom of it may have been, at all events until recently, perceived in the fact that the soldier was not popular with the lawyer, nor certainly the lawyer with the soldier. At the present day, however, there is happily a combination rather than an antagonism of the forces of the State, all tending to the preservation of internal peace and the enforcement of justice. The objects of civil and military power in this respect should be identical, and there appears no reason whatever for the retreat of our army before the peaceful judge and barrister upon circuit, leaving the "javelin man" as the only representative of physical force. At elections, generally a time of intense excitement, riot, and battle, when each party tries to enlist on his side all the material guaranties that are available, other considerations present themselves, and it may be as well to deprive them of the formidable strength-ready to hand -of armed and disciplined soldiers. + From the first establishment of a standing army, the jealousy of the House of Commons has been directed to prevent any military interference at elections. Thus, (4 Journ. 346, Nov. 17, 1645), the House resolved, "That all elections of any knight, citizen, or burgess to serve in Parliament be made without interruption or molestation by any commander, governor, officer, or soldier." Again, (24 Journ. 37, Dec. 22, 1741), "That the presence of a regular body of soldiers at an election of members to serve in Parliament is a high infringement of the liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of this kingdom." This resolution was passed in consequence of the proceedings at the Westminster election in 1741. The Westminster justices were ordered into custody, and reprimanded by Speaker Onslow, for unnecessarily calling in the military. The concluding part of his address was as follows:-" What you have done is against one of the most essential parts of the law of this kingdom. Has any real necessity been shewn for it? There might be fears—there might be some danger; but did you try the strength of the law to dispel those fears and remove that danger? Did you make use of those powers the law has invested you with as civil magistrates for the preservation of the public peace? No; you deserted all that, and wantonly, and I hope inadvertently, resorted to that force, the most unnatural of all others, in all respects, to that cause and business you were then attending, and for the freedom of which every Briton ought to be ready to suffer anything." (See Rogers on Elections, 237, note (a)). Previous to this last resolution, viz. in the year 1735, in consequence of the increase of the standing army about that period, the House of Lords directed the judges to prepare the act of the 8 Geo. 2, c. 30, by which all soldiers quartered in the county, borough, or place where the election was held were to remove, at least one day before the election, to the distance of two miles or more, and not to return until one day after the poll is ended. (8 Geo. 2, c. 30, s. 1, 1735). An exception, however, was introduced by sect. 3 in favour of the Guards in the liberty of Westminster, or in Southwark, or other place of royal residence, or in any fort or garrison in respect of such rumber of soldiers whereof the garrison was composed, or in respect of any soldier or officer entitled to vote at such election. The statute recites-" Whereas by the ancient common law of this land all elections ought to be free; and whereas by an act passed in the third year of King Edward the First, of famous memory, it is commanded, upon great forfeiture, that no man by force of arms, nor by malice or menacing, shall disturb any to make free election; . . . . and whereas it hath been the usage and practice to cause any regiment, troop, or company, or any number of soldiers which hath been quartered in any city, borough, or place where any election of members to serve in Parliament hath been appointed to be made, to remove and continue out of the same during the time of such election;" and then enacted as above. This statute, however, was repealed by the 10 Vict. * *This should be, "no great man:" in the original it is "nul haut homme." c. 21, which, after reciting that in consequence of changes in the law for taking the poll, the inconvenience and expense of removing soldiers was greatly increased, enacts, that on every day fixed for the nomination, election, or taking the poll, no soldier within two miles shall be allowed to go out of barracks, unless to mount or relieve guard, or give his vote at the election, and that, going out for that purpose, he shall return with all convenient speed. Provision is made for notice of all elections to be given by the Clerk of the Crown to the Secretary at War, and by him to the general officer commanding the district; and it is provided that the act is not to extend to any soldiers attending as guards on her Majesty, or employed or stationed in the Bank of England. NOTES OF THE WEEK. WE call attention to an important decision relating to costs under the County Court Act. The plaintiff court, and the plaintiff took it out in satisfaction. claimed more than 20.; the defendant paid 87. into Coleridge, J., in a considered judgment, held that the plaintiff was not deprived of his costs under the County Court Act. (Chambers v. Wiles, Bail Court, May 2). Where the costs of an appeal were taxed by the clerk of the peace by consent, the Court of Queen's Bench after the court of quarter sessions making the order for refused to interfere, although they were not taxed until them had ceased to exist. (Reg. v. The Hereford and Shrewsbury Railway Company, Queen's Bench, April 21). See also, as to an order for costs at quarter sessions, In re Ely, (Bail Court, May 1). The Court of Common Pleas has allowed to be placed equitable pleas in these terms:-1. That the plaintiff on the record, to an action of detinue for a lease, two sued the defendants for the detention of the said lease, and recovered judgment in a former action, and issued execution, and took other proceedings to enforce the said judgment; that the sum of 1507., to secure which the said lease was deposited, is still due; and that no in the said former action, nor has any demand of the tender of that sum has been made since the judgment lease been made after the termination of the proceedings in the said former action. 2. That the lease was deposited to secure payment to the defendants of 150%. and interest, by way of equitable mortgage, upon the terms of an agreement in writing; the former recovery, and proceedings thereon; that the 1507. is still due; that, after the commencement of this action, the defendants tendered and offered to deliver up the lease to the plaintiff upon payment of the said 150%., and the defendants also tendered and offered the plaintiff his costs of this action up to that time; and that such tender and offer were refused. To an action on a bond the Court of Queen's Bench allowed, as an equitable plea, accord and satisfaction by delivery of another bond for a larger sum. (Lord Petrie v. Stubbs, May 1). A bond, conditioned that B. should pay to I. such costs as C. should, in due course of law, be liable to pay in case of discontinuance, nonsuit, or verdict against him, and should allow C. to retain and apply any held not to constitute a debt due from D. as garmonies of D. towards payment of such costs, has been nishee, to C., within sect. 64 of the Common-law Procedure Act, 1854. (Johnson v. Diamond, Exchequer, April 27). The following gentlemen form the select committee on the Bills of Exchange Bills:-Sir Erskine Perry, the Attorney-General, the Solicitor-General (Ireland), the Lord Advocate, Mr. Walpole, Q. C., Mr. Keating, Q. C., Mr. Atherton, Q. C., Mr. Lowe, Mr. Kirk, Mr. Glyn, Mr. Muntz, Mr. Horsfall, Mr. Gurney, Mr. Henley, and Mr. Hankey. The committee have power to call for the attendance of witnesses and the production of documents. CHANCERY QUEEN'S COUNSEL.-The following arrangement has been made as to the courts in which the Queen's Counsel will practise : John Rolt, Esq. J. G. Phillimore, Esq. T. E. Headlam, Esq. W. M. James, Esq. All these gentlemen also attend the Courts of Appeal. Easter Term, 1855. At the dinner at the Royal Academy on Saturday last, the President, in proposing the health of Lord Campbell, stated, that from the habit of seeing learned judges on such occasions, he had been involuntarily led to conclude that there was some necessary connexion between the fine arts and law. Indeed, the Chief Baron was the honoured president of the Photographic Society. He remembered, however, that on the occasion of a trial respecting a picture many years since a picture attributed to some great name, and valued at 15007.-Lord Ellenborough observed to the jury, that in his opinion no picture could be worth 1500%-Lord Campbell, in returning thanks, said he was afraid the lawyers could not be considered as engaged in cultivating a sister art, although they were no doubt a good deal employed in giving colour to that in which they were concerned. But still they did assist the sister art, for Chief Justice Gascoigne had frequently adorned those walls while committing the Prince of Wales to prison. can be reduced, and whether any and what alterations and amendments can be made for the better administration of justice in the said courts, and whether any and what business can be usefully and properly transferred to them in addition to that which they now perform, we, your Majesty's commissioners, in the execution of the duties imposed upon us, have proceeded to examine and consider the important subjects on which we are desired to report. We commenced the discharge of our duties by addressing interrogatories to the judges, officers of the court, and other persons whom we considered to be capable of giving useful information on the matters within the scope of our commission; we also examined witnesses on the same subjects, and from time to time procured returns which we thought likely to assist us in our inquiries. Before stating our opinions and recommendations concerning the matters referred to us by your Majesty's commission, we propose to commence this our first report by an exposition of the state of the courts as they at present exist, with reference to the following I.-ESTABLISHMENT OF THE COURTS. County Court a Court of Record.]-The courts to which our inquiries, in obedience to your Majesty's instructions, have been directed, were established in the year 1847, in pursuance of stat. 9 & 10 Vict. c. 95, intituled " An Act for the more easy Recovery of Small Debts;" and the title by which the court under consideration is generally known is "the county court." It is a court of record, and has a seal with which its process must be stamped. Supervised by Superior Courts.]-The county court, like all inferior jurisdictions, is subject to the supervi sion of the superior courts by writs of certiorari and prohibition. The granting of the latter is facilitated by the 13 & 14 Vict. c. 61, s. 22, which enables a judge to issue such writs in vacation as well as in term. Districts formed, and distributed among Circuits.]— In pursuance of the 9 & 10 Vict. c. 95, the whole of England and Wales, with the exception of the FIRST REPORT OF THE COUNTY COURTS city of London, which is specially excluded from the COMMISSION*. TO THE QUEEN'S MOST EXCELLENT MAJESTY IN HER HIGH COURT OF CHANCERY. YOUR Majesty having been pleased to issue a commission authorising and appointing us to inquire into and report on the state of the courts established under an act passed in the session of Parliament held in the ninth and tenth years of your Majesty's reign, intituled "An Act for the more easy Recovery of Small Debts," and the course of practice therein, and particularly with respect to the fees levied in the said courts, and whether the same can be reduced in amount, or can be levied in a manner less burthensome to the suitors, and whether the costs of proceedings in the said courts * The commissioners are, the Master of the Rolls, Mr. Justice Erle, Mr. Justice Crompton, Henry Fitzroy, Esq., H. S. Keating, Q. C., J. H. Koe, Q. C., Serjt. Dowling, J. Pitt Taylor, Esq., and Joseph Randolph Mullings, Esq. operation of the act, was in the year 1847, by Order in Council, divided into districts. These varied in extent and population. In determining what parishes and townships should be included in the different districts, the wishes and convenience of the inhabitants were consulted, and from time to time several modifications of the original arrangement have been made by successive Orders in Council. The number of districts originally formed was 491, but, on the petition of certain places, has been increased to 495, which constitute the existing districts. In each of these districts one, and in some cases two, courts have been established, the number of which is now 500. The court is held in that part of the district which, on inquiry, appears most convenient to the majority of the inhabitants. The building in which the court sits has, in some instances, been erected by Government specially for the purpose; sometimes it is a town hall, court house, or other public building belonging to a county, city, borough, or town; sometimes it is a dis |