county courts as illusory. It has been tried now for
nearly five years, and has proved an utter failure.
The reason is obvious. A man who is about to sub-
mit his dispute with another party to a court of justice
is not often in a frame of mind which is calculated to
lead him, on the one hand, to offer to his adversary
any amicable proposal for settling their mutual dif-
ferences in any particular mode, or, on the other, to
entertain any such proposal should it emanate from his
adversary.

The legal advisers are little likely to agree in recommending any course of proceeding which, in relieving their respective clients from the heavy costs of the sucourts, would proportionately be injurious to their own personal interests. To require the active consent of both parties under these circumstances is, in my judgment, an object that cannot be attained; and all that can reasonably be expected or required is, that the county court should not have jurisdiction unless the parties passively consent.

contract, the plaintiff, as a general rule, is not entitled
to costs, unless a judge of the superior court certifies
that it was a proper case to be tried in the superior
court. Now, it is not reasonable that these local courts
of record should be placed on a higher footing than the
superior courts. The principle of not permitting the
local courts of record to entertain suits for the recovery
of small sums, and create costs, where, under similar
circumstances, the plaintiff would not be allowed to
recover costs in the superior courts, was recognised
more than thirty-five years ago by the Legislature,
when the 58 Geo. 3, c. 30, was passed. By that act it
was provided, that in actions of trespass for assault and
battery, to be commenced in any court having jurisdic-perior
tion to hold pleas in actions or suits to the amount of
40s., other than the superior courts at Westminster, if
the jury assessed the damages under 40s. the plaintiff
should recover only the same amount of costs as da-
mages. This provision became necessary, as the dif-
ferent statutes previously passed on the subject of costs,
except the statute of James I, did not apply to inferior
courts of record. The mischiefs, therefore, of onerous
and vexatious litigation, which had to a certain extent
been restrained by the statutes relating to the superior
courts, continue in their most objectionable form in the
inferior courts of record. It is not improbable that if
the state of the law on this subject had been drawn to
the attention of the Legislature when the 9 & 10 Vict.
c. 95, was in progress through Parliament, some provi-
sion would have been introduced to extend the opera-
tion of that act to the inferior courts of record.

OBSERVATIONS BY MR. J. PITT TAYLOR. On the following points I have the misfortune to differ from the majority of the commissioners :

Jurisdiction by Consent.]—In the principal Report the following passage occurs, (ante, p. 264):

"We think, however, that the provisions of the statute" (13 & 14 Vict. c. 61, s. 17)" as to the mode in which the consent of parties is required to be given should continue."

From this recommendation I dissent. Under the statute, the consent necessary to confer jurisdiction on the county courts in matters beyond their ordinary jurisdiction must be drawn up in the shape of a memorandum, to be signed by both parties, or by their attornies, prior to the commencement of the action.

I regard this mode of conferring jurisdiction on the

I submit, therefore, that the present mode of conferring jurisdiction on the county courts by consent ought to be abrogated; and that, in lieu thereof, those courts ought to be empowered to determine all legal disputes, of whatever nature or amount, excepting actions for criminal conversation, provided that neither of the litigating parties raises any objection to such jurisdiction.

The plaintiff, of course, will not have recourse to the county court unless he prefers that tribunal to the courts of Westminster Hall; and in order to afford ample opportunity to the defendant of objecting to the jurisdiction, I propose that the summons, in every case should be personally served, and should, moreover, which is beyond the ordinary jurisdiction of the court, contain a distinct notice that the defendant has a right to object to the jurisdiction of the county court, and to have the cause tried in such one of the superior courts to that effect to the clerk of the county court within a as he thinks fit to specify, on giving a written notice certain number of days after service.

The clerk, on the receipt of such a notice, should be required forthwith to transmit the proceedings to the superior court specified, and the entry of the plaint in the county court should be regarded for all purposes as the commencement of the action. The clerk should also send notice to the plaintiff of the defendant's objection.

To this plan I have heard only two objections raised*. The first is, that the defendant might not read the summons, and consequently might not be aware of his power to remove the proceedings.

I confess that I am not much struck with the weight of this objection. If there be anything in it, the practice of judgment by default, which prevails in the superior courts, must be of the essence of injustice. In the one case, the carelessness of the defendant may subject him to the evil of having judgment pronounced against him in a county court after trial; in the other, it will render him liable to a like result in the superior court without any trial at all. This argument, at least, can scarcely be urged by gentlemen who," with regard to sums above 201. where the claim is founded on contract," entertain an opinion "that the practice of judgment by default may be beneficially introduced" into the county courts. (See Report, ante, p. 285),

(To be continued).

to combat are such as have come to my knowledge, whether The objections and arguments which I have attempted urged by individual commissioners or by persons unconnected with the commission. Other reasons for rejecting my proposals may of course exist, but I have not heard them advanced.

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GAZETTES.-Friday, July 20.

BANKRUPTS.

ELIZABETH MARY MULLER, Castle-street East, Ox-
ford-street, picture dealer, Aug. 3 at half-past 11, and Aug.
31 at 11, London: Off. Ass. Cannan; Sol. Fallows, 198,
Piccadilly.-Pet. f. July 18.

JOHN WILLIAMS, Gravesend, dealer and chapman, Aug.
2 at half-past 12, and Aug. 31 at half-past 11, London:
Off. Ass. Cannan; Sols. J. & J. H. Linklater, 17, Sise-lane,
Bucklersbury.-Pet. f. July 17.

JOHN MIERS, Nelson-square, Blackfriars-road, dealer and
chapman, Aug. 2 and 31 at 1, London: Off. Ass. Whit-
more; Sols. Reece & Co., 31, St. Swithin's-lane; Francis,
Birmingham.-Pet. f. July 16.
RICHARD THOMAS, New Windsor, Berkshire, dealer
and chapman, July 30 and Sept. 8 at 11, London: Off.
Ass. Nicholson; Sols. Phillips, Windsor; Trinder & Eyre,
1, John-street, Bedford-row.-Pet. f. July 17.
JOHN DAWSON, High-street, Shadwell, tobacconist, July
30 at half-past 12, and Sept. 8 at 11, London: Off. Ass.
Pennell; Sols. Peile & Son, 4, Mansion-house-place.—
Pet. f. July 14.

28

Charles Kelly, High-street, Kensington, and Baker-street, Portman-square, auctioneer, July 31 at 11, London, last ex. John Christie, Accrington, Lancashire, ironfounder, Aug. 2 at 12, Manchester, last ex.- -Benjamin Misell, Manchester, picture dealer, Aug. 2 at 12, Manchester, last ex.-R. Robson and John Thos. Robson, Derby, silk manufacturers, July 31 at half-past 10, Nottingham, last ex. of John T. Robson.Charles J. Parlour, Strand, lithographer, Aug. 1 at 11, London, aud. ac.-Wm. Farrell, West Derby, Lancashire, cattle salesman, Aug. 7 at 11, Liverpool, aud. ac.-David Little, Liverpool, merchant, Aug. 9 at 11, Liverpool, aud. ac.-B. R. Waite, Wormwood-street, London, butcher, Aug. 11 at 11, London, div.-Joshua Monckton, King-street, Bakerstreet, licensed victualler, Aug. 11 at 11, London, div.-John Fittes and Robert Fittes, Newcastle-upon-Tyne, and Gateshead, tea dealers, Aug. 10 at 12, Newcastle-upon-Tyne, fin. div.-George Booth, Bishopwearmouth, Sunderland, shipowner, Aug. 10 at half-past 11, Newcastle-upon-Tyne, div. CERTIFICATES.

before the Day of Meeting.

George Nock and John Williams, Frith-street, Soho, gold. smiths, Aug. 10 at 2, London.-Patrick Fenn, Brecknockplace, Camden-town, linendraper, Aug. 10 at half-past 12, London.-George C. Long, Dartford, draper, Aug. 11 at 1, London.-James Martyr, Union-street, Southwark, ironmonger, Aug. 11 at 11, London.-Charles Richards, Wrexham, Denbighshire, draper, Aug. 10 at 11, Liverpool.-—Wm. Beardsall, Manchester, plumber, Aug. 10 at 12, Manchester. -Samuel Clay, Wakefield, Yorkshire, millowner, Aug. 13 at 12, Leeds.-John M'Carthy, Aston, near Birmingham, publican, Aug. 13 at 12, Birmingham.-John Parkinson the elder and John Parkinson the younger, Leicester, hosiers, Aug. 14 at 12, Birmingham.-Thomas E. Partridge and Samuel Partridge, Darlaston, Staffordshire, screw bolt manufacturers, Aug. 13 at 12, Birmingham.-Samuel Lowe, Derby, silk ma

MICHAEL HORNER, Black Swan-yard, Bermondsey- To be allowed, unless Cause be shewn to the contrary on or street, Bermondsey, dealer and chapman, Aug. 1 and Sept. 1 at half-past 11, London: Off. Ass. Pennell; Sol. Chidley, 19, Gresham-street, City.-Pet. f. July 7. JAMES WELLER the younger, Cholsey, Berkshire, wheelwright, Aug. 1 and Sept. 1 at 11, London: Off. Ass. Nicholson; Sols. J. K. & C. Hedges, Wallingford; White & Sons, 11, Bedford-row.-Pet. f. July 18. FRANCIS BLACKWELL, Peterborough, Northamptonshire, dealer and chapman, July 31 at 1, and Sept. 1 at 12, London: Off. Ass. Pennell; Sol. Randall, 5, Laurance Pountney-lane.-Pet. f. July 17. WILLIAM A. EDWARDS and THOMAS WHITLOCK, Upper Thames-street, bottle merchants, Aug. 1 at 2, and Sept. 8 at half-past 11, London: Off. Ass. Nicholson; Sols. Tucker & Co., St. Swithin's-lane.-Pet. f. July 13. THOMAS GEORGE SHAW and JOSEPH LANE, Old Broad-street, London, and Manchester, dealers and chap-nufacturer, Aug. 14 at 10, Birmingham. men, (trading under the style or firm of T. G. Shaw & Co.), Aug. 1 at half-past 1, and Sept. 8 at 12, London: Off. Ass. Pennell; Sol. Bird, 58, Lincoln's-inn-fields. — Pet. f. July 19. THOMAS SLOPER, White Horse-terrace, Stepney, dealer and chapman, July 31 at half-past 12, and Aug. 27 at 1, London: Off. Ass. Edwards; Sol. Stopher, 52, Cheapside. -Pet. f. July 19.

EDWARD GREEN, Bristol, dealer and chapman, July 31 and Aug. 30 at 11, Bristol: Off. Ass. Miller; Sol. King, Bristol.-Pet. f. July 12.

PETER SHARLAND, Penzance, tailor, Aug. 2 and Sept. 6
at 1, Exeter: Off. Ass. Hirtzel; Sols. Geare & Co., Exeter;
Stogdon, Exeter.-Pet. f. July 9.

JAMES WESTLAKE CHINN, Wellington, Somersetshire,
wine merchant, Aug. 2 at 11, and Sept. 6 at 1, Exeter: Off.
Ass. Hirtzel; Sols. Rodham, Wellington; Stogdon, Exeter.
-Pet. f. July 18.

GEORGE NELSON, Leeds, dealer and chapman, Aug. 13
at 1, and Sept. 3 at 11, Leeds: Off. Ass. Hope; Sols.
Robinson & Greene, Leeds.-Pet. f. July 17.
GEORGE BEAUMONT, Manchester, general warehouse-
man, Aug. 1 and 29 at 12, Manchester: Off. Ass. Pott;
Sols. Sale & Co., Manchester.-Pet. f. July 13.
JOHN STEELE, Manchester, dealer and chapman, Aug. 3
and 31 at 12, Manchester: Off. Ass. Hernaman; Sol.
Potter, Manchester.-Pet. f. July 17.
SAMUEL MOSES LOTINGA and NOAH SAMUEL
LOTINGA, Newcastle-upon-Tyne and North Shields,
dealers and chapmen, (trading under the style or firm of
S. M. & N. Lotinga), Aug. 6 at 1, and Aug. 28 at 12,
Newcastle-upon-Tyne: Off. Ass. Baker; Sol. Brewis,
Newcastle-upon-Tyne.-Pet. f. July 17.

WILLIAM GRAHAM, Wingate Grange and Low Spenney
Moore, Durham, dealer and chapman, July 27 at 11, and
Aug. 30 at 12, Newcastle-upon-Tyne: Off. Ass. Baker;
Sols. Harle & Co., 20, Southampton-buildings, Chancery-
lane, and Newcastle-upon-Tyne.-Pet. f. July 9.

To be granted, unless an Appeal be duly entered.
Edward Biven, King William-street, London, watchmaker.
A. P. Shaw, Devonshire-street, Bishopsgate-street, printer.
-Francis Norbury, Ardwick, Manchester, builder.—James
Woolley, Manchester, coach builder.-L. Tatley, Ince, near
Wigan, Lancashire, cotton spinner.-James Aldred, Man-
chester, innkeeper.

PARTNERSHIP DISSOLVED.
Thomas Charles Cornish and Thomas Saunders Parnell,
Bristol, attornies and solicitors.

TUESDAY, July 24.
BANKRUPTS.

WILLIAM BUXTON, JOHN BUXTON, and SAMUEL
SEPTIMUS BUXTON, Carlisle and Bradford, woolsta-
plers, (trading under the style or firm of Buxton, Brothers),
Aug. 2 at half-past 1, and Sept. 1 at 1. London: Off. Ass.
Cannan; Sols. Young & Vallings, 2, St. Mildred's-court,
Poultry.-Pet. f. July 7.

THOMAS BARNES, Southampton, dealer and chapman,
July 31 at 2, and Sept. 8 at half-past 12, London: Off.
Ass. Pennell; Sols. Mackay, Southampton; Paterson, 7,
Bouverie-street, Fleet-street.-Pet. f. July 23.
SAMUEL HOW, Liverpool, dealer and chapman, (lately
carrying on business with James Greene Hatton Greene,
under the firm of How, Hatton Greene, & Co.), Aug. 3 and
30 at 11, Liverpool: Off. Ass. Turner; Sols. J. & E.
Whitley, Liverpool.-Pet. f. July 20.

JOHN HENRY BRADSHAW, Birmingham, dealer and
chapman, Aug. 4 and 25 at 11, Birmingham: Off. Ass.
Christie; Sols. Bridges, Birmingham; Slaney, Birming-
ham.-Pet. d. July 18.

JAMES BEARDSMORE, Audley, Staffordshire, dealer and
chapman, Aug. 3 and 25 at 11, Birmingham: Off. Ass.
Whitmore; Sols. Keary & Sheppard, Stoke-upon-Trent,-
Pet. d. July 10.