Imágenes de páginas

CHARITY, and POLICY UNITED.-The MARINE WESTMINSTER GENERAL DISPENSARY, SOCIETY in the past year trained on board the Society's ship,

9, Gerrard-street, Soho.-Established 1774. and clothed and fitted out for the Royal Navy, Indian Navy, and the

Patron-THE QUEEN, mercantile marine, 455 poor and destitute boys, who, rescued from

President-The Duke of NORTHUMBERLAND. ignorance and the innumerable dangers of a life of idleness, are now The Committee earnestly solicit the humane and charitable for stimulated to support themselves by the exertions of their own industry; SUBSCRIPTIONS or DONATIONS in aid of the Funds of this most a heavy burthen is thus removed from their distressed parents and useful Society. friends, whilst the boys have obtained employment in a service most Subscriptions and donations thankfully received by Messrs. Ransom useful to the country,

& Co., bankers, Pall-mall East; or by the Secretary, at the DispensarySince the formation of this Society, nearly a century ago, it has clothed house.

W. J. G. ESCHMANN, Sec. and fitted out 90,000 individuals for the sea service, and it is hoped that Feb. 7, 1855. an institution so highly beneficial will ever commend itself to the support of the British public.

INFANT Wanstead. — At this juncture, when large demands on the Society's funds may be

Under the immediate patronage of expected, it becomes necessary to appeal to the liberality of the bene

Her Most Gracious MAJESTY. volent for increased donations and subscriptions.

His Royal Highness Prince ALBERT. Contributions of any amount towards the further support of this

His Royal Highness the Prince of WALES. national charity will be thankfully received at the offices of the Society

His Majesty the King of the BELGIANS. in Bishopsgate-street.

Her Royal Highness the Duchess of KENT.
T. P. RUST, Secretary.

Her Royal Highness the Duchess of GLOUCESTER.

The next HALF-YEARLY ELECTION of this Charity will be held CITY OF LONDON TRUSS SOCIETY, 76, Queen. on the 25th May. Forms for nominating candidates may be pbtained

street, Cheapside, for the Relief of the Ruptured Poor throughout at the office, 46, Ludgate-hill, where subscriptions and donations are the United Kingdom.

gratefully received. The ANNIVERSARY FESTIVAL of this Institution will take The Twenty-eighth Anniversary will be celebrated at the Asylum, place at the Albion Tavern, Aldersgate-street, on Wednesday, the 28th Wanstead, on the 27th of June, the Right Hon. the Earl of Shaftesbury March, 1855.

in the Chair.

JOHN BUCKLER, Secretary. The Right Hon. Viscount RANELAGH in the Chair.

The Infant Orphan Asylum was instituted for the protection of fatherDinner on table at half-past 5 o'clock.

less infants of either sex, who are respectably descended, but without STEWARDS,

friends equal to their support; a child whose father labours under conSamuel Cartwright, Esq., V. P., Wm. E. Hunt, Esq.

firmed lunacy or paralysis is also eligible. Children are received from Treasurer.

John Nunn, Esq.

all parts of the British dominions. The boys are retained until 14, and John Norbury, Esq., V.P.

George Painter, Esq.

the girls until 15 years of age. Edward Conder, Esq., Deputy.

W.J. Prentice, Esq. James Evans, Esq.

Edward Moss, Esq.

A Stamped Edition, free by Post, will be forwarded to any Address, Charles Glenny, Esq.

Drew Wood, Esq.

for One Year, on receipt of 38., which may be remitted to the PubJohn Kinnersley Hooper, Esq.

lishers by Post-office Order, or in Postage Stamps. Tickets, 218. each, to be had of the Stewards; at the Tavern; and of THOS. EGLINTON, Secretary.

Price 2d. Monthly; Post free 3d.; Quarterly Parts, 6d.; Annual Upwards of 179,000 patients have been relieved by this Society.

Volumes, 28. 6d.

THE FAMILY FRIEND; URGENT APPEAL to the WEALTHY.-In consequence a Magazine of Domestic Economy, Entertainment, Instruction, of the continued severity of the weather, an overwhelming num

and Practical Science. ber of destitute sick persons, more especially unfortunate females,

The following are types of the opinion formed of THE FAMILY FRIEND, suffering under aggravated and contagious diseases, have sought refuge and expressed by upwards of Three Hundred Newspapers. at the ROYAL FREE HOSPITAL, Gray's-inn-road. From want of

EXTRACTS. funds alone the medical officers have been compelled to refuse them “This well-known work still continues to cater as successfully as ever admission into the wards, although many of the wretched applicants for its readers. It is truly amazing what a variety of useful matters are had neither home por bed. Unless timely aid can be given, numbers discussed in this little serial."-Ayr Observer, Jan. 9, 1855. of these poor sufferers must perish. The Hospital has three large "An interesting and instructive companion."-Aberdeen Free Press, wards unoccupied, which may be at once made available if this appeal | Jan. 19, 1855. is responded to by the merciful and affluent. John Masterinan, Esq., "Most excellent. Quite a family periodical." -Arbroath Guide, M.P., Nicholas-lane, is treasurer, and by whom donations will be Jan. 6, 1855. thankfully received; also by the following bankers:-Messrs. Coutts & “This excellent repertory of amusement and instruction is considerCo.; Drummond & Co.; Herries & Co., Ransom & Co.; Prescott, Grote, ably ahead of its predecessors, both in the character of its papers and & Co.; Smith, Payne, & Co.; Glyn & Co.; Jones Loyd & Co.; Barclay illustrations. We have great pleasure in commending it to public & Co.; Denison & Co.; Williams, Deacon, & Co.; Overend, Gurney, & notice and support"-Brechin Advertiser, Jan. 30, 1855. Co.; Masterman & Co.; by Messrs. Nisbet & Co., Berners-street; and at " This charming little magazine, which we have often had occasion the Hospital.

to speak of approvingly, is again before us. . We can assure our

readers it is worthy of all encouragement.. It is a pleasure to reINCUMBERED ESTATES COMMISSION.--- Notice to commend such a modest, yet useful, little work."-Border Advertiser, Claimants and Incumbrancers.--In the matter of the ESTATE

Jan. 12, 1855. of THOMAS EYRE, assignee of Richard Johın Hicks, a bankrupt, ". It is a magazine eminently suited for family reading, and the cultiowner, ex parte Richard Wingfield Hicks, William Hicks, Henry vation of a high family taste."--Cheltenham Journal, Jan. 20, 1855. Edmund Hicks, and Frederick Benjamin Hicks, infants, by Edmond

"This pleasant little monthly, with which, we have no doubt, the Johnston Figgis, their guardian and next friend, petitioners. The great majority of our readers are already familiar, we most heartily Commissioners having ordered a sale of the upper mills of Loader's

wish every success."

."--Coleraine Chronicle, Jan. 20, 1855. park, near Harolds, and the mill-ponds and watercourses thereto

"Sixteen volumes have already met with considerable success, and belonging, and the machinery and utensils therein, and Loader's-park- the number, before us seems equally fitted to sustain its well-earned fields, situate in the baronies of Newcastle and Upper Cross and county reputation."-Dover Chronicle, Jan. 6, 1855. of Dublin, and the lands of Kilmacanogue, situate in the half barony of

This is one of the very best of our monthlies for the family." Rathdown and county of Wicklow, all parties objecting to a sale of the

Fifeshire Journal, Jan. 18, 1855. said lands, or having any claims thereon, are hereby required to take

"Particularly interesting, as it contains lucid and ample instructions notice of such order. Dated this 6th day of February, 1855.

for the present fashionable and truly elegant drawing-room employments." HENRY CAREY, Secretary.

-Galway Express, Jan. 13, 1855.
WILLIAM WHITTON, Solicitor, (having carriage of sale),

"A very cheap, useful, and unpretending little serial."-Ipswich 18, Middle Gardiner-street, Dublin.

Express, Jan. 9, 1855.

Our old friend wears a new face, a new series having been entered PURSUANT to a Decree of the High Court of Chancery, upon-Kilkenny Moderator, Jan. 10, 1855.

"This excellent and cheap little periodical, which we have so freRichard Virgoe and Others," the CREDITORS of ROBERT CRAIG quently noticed with commendation and approval, has appeared in a THOMSON, late of the city and parish of Kingston, in the county of King's County Chronicle, Jan. 4, 1855.

new and more attractive shape. It is an admirable miscellany."Surrey and island of Jamaica, merchant, the testator in the proceedings of this cause named, (who died in or about the month of February, tion, tales, essays, household hints, designs for the work-table, and

"A cheap periodical, comprising a large amount of useful informa1854), are, by their solicitors, on or before the 2nd day of April, 1855,

miscellaneous articles. It will be found fully to merit its title."to come in and prove their claims at the chambers of the Vice-Chan

Kent Herald, Jan. 11, 1855. cellor Sir John Stuart, 11, Old-square, Lincoln's-inn, Middlesex; or, in default thereof, they will be peremptorily excluded from the benefit of least important or interesting.

“This is one of the cheapest of our monthly miscellanies, but not the the said decree. Wednesday, the 4th day of April, 1855, at 12 o'clock spared to render it in reality a 'Family Friend,' and a welcome visitor

.... In

fact, no pains appear to be in the forenoon, at the said chambers, is appointed for hearing and

to the domestic circle."- Plymouth Journal, Jan. 25, 1855. adjudicating upon the claims.-Dated this 19th day of January, 1855.

“The parlour table is not complete if among the books that are scatROBT. WM. PEAKE, Chief Clerk. EDWARD BURKITT, Curriers' Hall, London-wall, London,

tered on it the 'Family Friend' is absent."--Paisley Journal, Jan. 27, 1855.

Occupies a leading position among the most popular periodicals of Solicitor for Plaintiff.

the day."-Roscommon Weekly Messenger, Jan. 13, 1855.
“This well-known domestic magazine is now published monthly."-

“An old friend in a new form. This is one of the cheapest and most 157, Strand, (five doors east of Somerset House), W. E. COLES, Pro-entertaining of the cheap periodicals. It has this particular recomprietor.

mendation, that it is as good as cheap."-Western Luminary, Jan. Waterproof Garments for Walking, Riding, Driving, Shooting, and 16, 1855. Sea Voyages, of the most approved manufactures, including an article London: Ward & Lock, 158, Fleet-street; and sold by all Booksellers unaffected by grease, oil, or the temperature of any climate.

and Newsmen.

INDIA RUBBER, and GUTTA, PERCHA, WATER- Wiltshire County Mirror, Jan. 19, 1855.

CONTENTS. Leading Article

75 Vice-CHANCELLOR STUART'S COURT-(Continued). Notes of the Week.

76 Foster v. Cautley.-(Marriage settlement-Power

76 Construction-- Appointment "in lieu of original The Law of Blockade..

77 share”- Unappointed fund, right to a share of, in List of Sheriffs, &c., for 1855 78 addition to appointed share)

202 London Gazettes...



By MATTHEW B, BEGBIE, Barrister at Law.

Bebb v. Bunny.-(Right of purchaser to deduct in,

come tax on interest on purchase money)........ 203 By T. EDWARDS, Barrister at Law.

COURT OF Queen's Bench. Eads r. Williams.-(Award-Specific performance

By G.J.P. Smith and W. B. BRETT, Barristers at Law. Delay)


Pindar v. Barr.-(Parish clerk--Appointment to office

Suspension of vicar - Stipendiary curate
By F. FISHER, Barrister at Law.

" Minister," canon 91)

205 Waltham v. Goodyear.-(17 & 18 Vict. c. 82—" The The Overseers of Wendron, Apps., The Overseers of Court of Chancery of Lancaster Act, 1854,” prac.

Stithians, Resps.-(Settlement by estate-9 Geo. 1, tice under-Service out of jurisdiction)


c. 7, s. 5-Purchase-Consideration less than 301.) 207

Reg. o. The Inhabitants of Bedfordshire. -(Indict-

ment-Repair of public bridge-Liability ratione By G. Y. Robson, Barrister at Law,

tenuræ- Evidence-Reputation)

208 Thomas v. Rees.-(Practice --Demurrer-Multifa. Ex parte Christie.- (County court - Judgment debtor riousness)

197 - Discharge by Insolvent Court-Unsatisfied judgla re Langmead's Trusts.-(Dissolution of partnership

ment-9 & 10 Vict. c. 95, 88. 98, 99)

211 - Indemnity against debts--Lien upon partnership

COURT OF Common PLEAS. property in hands of assignee for value)


By W. PATERSON and W. Mills, Barristers at Law. Vice-CgANCELLOR KINDERSLEY'S COURT.

The Northampton Gas-light Company v. Parnell.-By C. MARÉTT, Barrister at Law.

(Deed, construction of Covenant to pay a sum to

be adjudged by a third person--Revocation)... 211 Lukey v. Higgs.--(Vendor and purchaser-Covenant - Conveyance).


Court of ExchEQUER.

By W. M. Best, Barrister at Law.

Martin v. Hewson.-(Wagers-8 g. 9 Vict, c. 109,
By T. F. MORSE, Barrister at Law.

s. 18- Pleading-Cock-fights)

214 Goodday o. Sleigh.-(Agreement - Copyright in news. Moreton v. Holt.---(County court-Removal of judg. papers-Non-completion of contract at the time

ment-Execution-9 & 10 Vict. c. 95-19 Geo.3, fixed-Costs)

201 c. 70, s. 4–1 & 2 Vict. c. 110, s. 22)....... 215


own interests, or with offices guarded by the vigilance of

the press and public opinion, but with such appointLONDON, MARCH 10, 1855.

ments as may be dealt with quietly and safely. Let it not,

however, be supposed that they are unimportant in their The “cold shade of aristocracy,” which is said to consequences to the public. No office connected with the fall upon our civil and military departments, is not exercise of judicial functions can be otherwise than of altogether absent from the legal profession. It is often public importance. How are these appointments made? asserted, that, as a general rule, success attends the Are they given to the hard-working, clear-headed, inindustrious, able, learned lawyer, whatever may be his dustrious men who have gained the confidence of many want of fortune or of family; while incapacity, indo- by their skill, their learning, and their experience, and lence, and ignorance are soon discovered, and fall from to whom such offices would be fitting rewards, as well their inherent weakness, although they may.attach to as material aids in their laborious career? The value to wealth and station. Applied to practising lawyers, this the public of such men--the proper men for the proper is a tolerably accurate view, (not, however, without places--can scarcely be estimated. But all such conmany painful exceptions); the real, working, public siderations are overlooked in favour of some connexion, part of the Profession tries the man; and clients are some claim, some friendship, or some mysterious inseldom so hardy or so foolish as to intrust their dearest fluence with the powers that be. Men utterly uninterests to an incompetent attorney or advocate after known to the public, scarcely known eyen hy name to he has proved his incompetency. It must also be ad- the Profession, are made county court judges, stipenmitted, that the judges of our superior courts are diary magistrates, recorders, and revising barristersgenerally the right men for the office; the appointment for what reason no one upon earth, except the apof them is a matter of such interest to the public and pointor and appointee and their friends, can tell. It the Profession—80 fully canvassed, and attended by may sometimes be guessed by the name of the party, such important results upon the administration of jus- or his connexion, proximate or remote, with another tice-that the influence of family connexions, or college name. If the gross jobbing of such transactions were friendships, or past or future favours, dares not often to not sad and disastrous in the extreme, it would be intrude upon these occasions. There are, however, ludicrous in its aspect and consequences. Men not pleasant, snug appointments, every now and then turn- only unfit, but the most unfit, are all at once placed on ing up, of a more limited and private character, exciting the judgment-seat. If the Hon. A. B. happens to have little interest beyond the district for which the appoint- had his name in the Law List as a Chancery barrister, ment is made-comparatively easy berths, with good make him a stipendiary magistrate or recorder, who salaries—to be distributed among lawyers. The ques- has nothing to do with any law but criminal law. If tion is now no longer with clients, who look after their the cousin of Lord C. D. knows one thing, and that one No. 9, Vol. I., New SERIES.




thing happens to be criminal law, make him a county great practical changes in our system of jurisprudence, court judge, who has no jurisdiction over crimes; and and forming in themselves a new code of practice and so on through the catalogue.

pleading in the courts of common law, have found Extraordinary notions of another character some

many, editors, as well as readers, of their provisions.

In addition to the three books whose titles are given times influence those in office, who have the patronage above, and which we must content ourselves with reof law appointments. Acting conscientiously, they viewing on the present occasion, we have just received feel disinclined to bestow their favours on their own Mr. Finlason's “ Common-law Procedure Acts of 1852 relatives, and turn a deaf ear to the voice of friendship. and 1854, with Notes, the New Rules framed under They fear public opinion; they are alarmed lest the both, and an Introduction;" and Mr. Mayne's “Trea

tise on Equitable Defences and Replications." capacity of their relatives or their friends should be

Mr. Francis has kindly, and we think wisely, shel. called in question. But let some candidate present him- tered under one roof the Procedure Acts of 1852 and self backed by “political influence,” it matters little 1854, those “twin sisters,” together with their rehow incapable he may be, or how little fit to discharge, spective progenies--the practice and pleading rules of either with credit to himself or with satisfaction to the Hilary Terin, 1853, and of Michaelmas Vacation, 1854. public, the duties of the appointment, “political in- His book contains also a brief introduction

to the equifluence” carries the day; and the virtuous patron, who the evidence amendment statutes, (14 & 15 Vict. c. 99,

table jurisdiction conferred upon Courts of law, and has withstood the claims of kith and kin, yields to the and 16 & 17 Vict. c. 83), rendering parties to a cause, paramount influence of “politics.

and the husbands and wives of parties, competent witThey who have the power of appointment in these

These latter statutes are added as “ forming cases are highly culpable for its frequent perversion and abuse. We hope that the time will come when cedure during the last few years." (Preface). Deci

an important part of the reform of common-law prothey, together with other authorities, will be called to sions of recent date are noted under the sections to account for their violation of a sacred trust.

which they refer, and there are copious extracts from

the Reports of the Common-law Commissioners. The NOTES OF THE WEEK.

editor assumes that sect. 68 has given “a means at

common law of enforcing specific performance of a

contract or duty in matters concerning private rights,” It is stated by the reporter for the Norfolk Circuit, (p. 258), which, to say the least of it, is extremely that in the calendar for Aylesbury the value of the doubtful*; and 'states that the intent of the section articles alleged to have been stolen is, in all the instances, below that which is the standard proposed in ever relief in equity would be granted to either party

(sect. 83) allowing equitable defences is, that whenLord Cranworth’s bill, namely, 108. He then asks, by injunction, perpetual or conditional, to stay proceed“What test is to be applied in order to arrive at the ings at law, the same grounds shall afford a defence in value of stolen property? Is it to be the sworn judg-courts of law. The Court of Exchequer, however, in ment of an independent valuer? or is it to be the dis- The Mines Royal Societies v. Magnay, (18 Jur., part 1, cretion of the prosecutor, backed by some sympathising p. 1028), has decided that it is only where the grounds policeman? Unless it be the former," he adds, it will be almost in the power of any unscrupulous pro- tion that they can be pleaded under this section. That

are such as to entitle the party to a perpetual injuncsecutor to take the las as it were, into his own hands; this was the intention of the learned commissioners is for very few persons of the class among which prisoners clear by the extract given from their report at p. 269 are found will understand the right of option' to be of this book, where they say, “ We think that Courts extended to them by the bill, any more than now they of common law ought to be empowered to receive do the distinction between asking a question and making such defences by way of plea in every case in which their defence."

the party pleading them would be entitled to uncondi.

tional relief by injunction.” Review.

Mr. Francis points out (p. 270) that the arbitration

clauses in the act have removed the objection to Courts The New Common-law Procedure under the Procedure of law entertaining questions of complex accounts; but

Acts of 1852 and 1854, and the New Rules on Prac- it is very doubtful whether the objection to partners tice and Pleading, with Forms, Tables of Fees, Costs, suing each other at law in respect of a partnership fc.; to which are added an Introduction to the Equi- matter is obviated. table Jurisdiction of Courts of Law, the Evidence

Mr. Kerr begins with an introduction of ten chapters, Amendment Statutes, and copious Inder. By Philip a subdivision of the subject adopted “solely with a Francis, Esq., of the Middle Temple, Barrister at view to precision and brevity.” (Preface). They conLaw.

[W. Maxwell. 1854.]

tain an outline of the following subjects:- 1. Specific The Common-law Procedure Act, 1854; with Practical performance, (which he thinks may probably be enNotes; an Introduction, explaining the Nature and forced with regard to contracts). (V. x). 2. InjuncExtent of the Equitablé Jurisdiction conferred on the tion: 3. Discovery; 4. Equitable defences. 5. ProSuperior Courts of Common Law, the Changes effected ceedings on the trial of issues of fact. 6. Proceedings in the Law of Evidence, and the Alterations in Prac- after the trial. 7. Execution by the attachment of tice introduced by the Statute; and a copious Index. debts. 8. Summary proceedings in court, (affidavits, By ROBERT MALCOLM KERR, Barrister at Law,

&c.) 9. Evidence. 10. Amendments in the procedure [Butterworths. 1854.]

of the Courts, (new trials, revivor, ejectment, and exeThe Common-law Procedure Act, 1854; with Treatises to the different sections. The stat. 17 & 18 Vict. c. 34,

cution). The act is then given, with notes appended on Injunction and Relief. By H. T. HOLLAND and for compelling the attendance of witnesses from any T. CHANDLESS, Jun., Barristers at Law. Also, a Treatise on Inspection and Discovery. By C. E. Pol part of the United Kingdom, and a full index, com

plete the work. LOCK, Barrister at Law; together with Notes, Cases, Index, and the New Rules and Forms of Michaelmas the state of the law as it existed at the time of the

The ten chapters to which we have referred describe Vacation, 1854.

[S. Sweet. 1854.] The Common-law Procedure Acts, having worked * See the article upon this subject, 18 Jur., part 2, p. 497.

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passing of the statute upon those subjects which are are comparatively rare. For honesty and fairness the affected by it, and point out the changes which are awards of lawyers are above suspicion. certain or likely to ensue from its provisions. This is The work of Messrs. Holland and Chandless is introdone for the most part in the clear and forcible lan- duced by an able and useful treatise on Inspection and guage of the Common-law Commissioners, which no Discovery, by Mr. Charles Edward Pollock. This is in doubt affords on occasions a key to the language of the effect a new edition of his former work on the same act, but which rather shews what was intended to be subject, with the addition of later cases, and observadone than what has actually been done. In a recent tions on the extended powers given by the last Procecase in the Exchequer two learned judges protested dure Act. It therefore includes the law relating to against the report being cited in argument for the pur- discovery, both by the inspection of documents and by pose of construing the statute. (Martin v. Hemming, the delivery of interrogatories. The subject is sub18 Jur., part 1, p. 1002).

divided, so as to comprehend inspection at common Mr. Kerr points out the blunder committed by the law, and also under the stats. 14 & 15 Vict. c. 99, and Legislature in the 88th section, which enacts, that the 17 & 18 Vict. c. 125. The doctrine of discovery in Courts of law may, upon summary application, exercise equity is fully considered and clearly stated. This is the same jurisdiction as may, under the 53 Geo. 3, succeeded by a treatise upon injunctions in equity and c. 159, intituled “ An Act to limit the Responsibility of under the Procedure Act of 1854, containing the leadShipowners in certain Cases,” be exercised by any ing cases which have been decided upon the subject, Court of equity; the fact being, that the day before the alphabetically arranged. Then follow observations passing of the Procedure Act of 1854, the Merchant upon relief in equity, and, under the act, embracing Shipping Act, 1834, had received the royal assent, and equitable defences, upon which the editors express an had entirely repealed the stat. 53 Geo. 3, c. 159. Under opinion that has been subsequently confirmed by the the latter statute, therefore, the Court of Chancery Court of Exchequer in the case above cited, viz. "That had then no jurisdiction in the matter, although it had it was not intended to include cases in which cross under the Merchant Shipping Act, 1854, which vested equities would arise, but to confine the jurisdiction of afresh in the Court of Chancery the jurisdiction it had the Courts of common law to that broader and more previously exercised. (See sects. D. iii-D. vi, D. xv). simple class of cases in which a Court of equity would

We think Mr. Kerr is incorrect in stating that the feel itself at liberty to give 'perpetual relief against 18th section, altering the rules of practice respecting a judgment unclogged by any conditions or stipulathe addresses of counsel to a jury, does not extend to a tions." (P. 165). trial before a judge without a jury, (Pref. vii, and The statute itself is then given, and the notes to the also p. 14), because by the 1st section of the act it is respective sections are carefully written, being suggesenacted, that “the proceedings upon and after such tive rather than dogmatic in their character. trial, (i. e. before a judge alone), as to the power of the We especially refer to the note appended to the 68th court or judge, the evidence, and otherwise, shall be the section, to which the editors give a more limited, but same as in the case of trial by jury."

probably a more correct, construction than has generally We regret to find that Mr. Kerr, when commenting been adopted, being of opinion that it alters the machiupon the arbitration clauses, (p. xxxi), has cast a grave nery by which a mandamus is obtained, but does not and sweeping imputation upon his professional brethren. confer upon common-law Courts any power of enforcing "A reference,” he says, “ if made to a lawyer appointed specific performance of a contract*. by the parties, may nevertheless continue to be the te- The act 53 Geo. 3, c. 159, above referred to, is indious, expensive, and unsatisfactory proceeding which serted in the appendix, probably by an oversight, 'it has hitherto been; for the costs to be incurred in although it is stated on the fly-leaf at the commence'three months may easily be made to exceed the value ment to have been repealed, and in fact re-enacted by

of the subject matter in dispute. Any party to an ac- the stat. 17 & 18 Vict. c. 120. The Rules of Michael-
tion on whom an arbitration is forced should therefore mas Vacation, 1854, and a full analytical index, com-
"leave the reference to be made to an officer of the court, plete the work.
or to a county court judge. Neither will have any in- In reviewing these books our object has not been to
terest to prolong the proceedings by frequent adjourn. compare their relative merits, but rather to give an out-
"ments; and the conduct of either, if faulty, may be line of their contents, and to call the attention of our

brought before the Court; while the parties to the readers to some of their principal features.
'action have in the position of the arbitrator some gua-
rantie for the proper conduct of the reference.
In direct contradiction to Mr. Kerr, we maintain,

and we do so with some practical experience on the
subject, that references to lawyers are far more satis-

(Continued from p. 54). factory than references to county court judges or to

During the short peace consequent on the treaty the Masters of the courts. If it is a mere question of of Amiens, in 1802, France reverted to her policy of taxation of an attorney's bill, by all means refer it to a Master, who is better qualified than any one else to de, their ports against all vessels but her own. When,

monopolising the trade of her colonies, and thus shut cide such matters. Meetings under a reference should however, the war was in the following year resumed, be at short intervals from each other, and reasonably she repeated her former invitation to neutral vessels, long in point of duration. The Masters, as well as the and thus resigned her colonial trade into the hands of county court judges, however, are much employed in nations not at war with this country, and which under the exercise of their proper functions, and can seldom the cover of their neutrality indirectly promoted that afford the time required to carry on references in a proper trade and commerce which France herself, from her manner. From these causes, as well as from others maritime weakness and fear of capture of her convoys, which we need not now specify, we have known such was incapable of assisting. Thereupon the English references prove most tedious, expensive, and in several | Government published instructions which subjected to instances utterly abortive. We deny that lawyers pro- seizure all vessels carrying on trade between the cololong meetings for their own interest. Sometimes it is nies of France and any country save the mother country necessary to do so for the real interest of their clients; of the neutral trader; and the judge of our Prize Court sometimes it is the fault of their clients and their wit- (Lord Stowell) did not hesitate to enforce those innesses. That there are exceptions to this observation we do not deny, but we are happy to know that they

* See vol. 18, part 2, p. 497.

structions; and moreover, that eminent American jurist, trade which they had carried on with neutral ports Chancellor Kent, although the practice strongly con- closed, or rendered highly dangerous from fear of the flicted with the commercial interests of his own country, capture of their merchantmen, or confiscation of their and was directly at variance with the principle of free- merchandise, at the hands of both France and England, dom of ship freedom of goods, did not hesitate to say, passed an act forbidding all friendly intercourse with • To me the rule of 1756 seems one of the most moderate either of these countries so long as their restrictive and unobjectionable of belligerent claims.'

measures remained in force. This induced the English “When the kingdom of Hanover was, in 1806, taken Government to rescind its orders, so far as regarded possession of by Prussia, at the instigation of Napoleon American vessels and their cargoes of American proBuonaparte, a proclamation, emanating ostensibly from perty. That relaxation, however, was based on the the King of Prussia, but virtually the act of Buona- proviso that the Government of the United States should parte himself, was put forth declaring the ports of the no longer close their ports against our vessels either of North Sea, as well as the rivers flowing into it, closed war or commerce. Before, however, these concessions against British shipping and commerce, as they were were known in America, that country had already at the time when the French troops occupied Hanover.' declared war with Great Britain, mainly on the ground As a measure of retaliation, the English Government of her offensive Orders in Council; but the right of declared the mouths of the rivers Ems, Weser, and search of American vessels for British seamen, claimed Elbe blockaded, and also laid an embargo on all Prus- and enforced by Great Britain, was a powerful stimusian vessels and property in the ports of Great Britain. lant in provoking feelings of hostility. The right of Less than a month afterwards another more compre- search has always been a subject of contest and dispute; hensive order was issued, extending the blockade to all it is but natural that every nation should consider it ports between the Elbe and Brest, thus including the an indignity to have its vessels stopped in their course, ports of Holland, those of Prussia on the German and overhauled under suspicion of having contraband Ocean, and the whole sea-board of France. This was articles on board, whether in the shape of merchandise derisively styled 'the paper blockade. Hence resulted or human beings; although it consists with reason, as the Berlin and Milan decrees of Buonaparte, and the well as with the recognised law of nations, that in Orders in Council of the British Government, put forth, time of war belligerents must insist upon that right, if the former in 1806, the latter in 1807, the combined they would prevent their enemy from receiving from effect of which for a time paralysed the industrial neutrals, or by their agency, warlike implements or energies and all but annihilated the trade of Great materials. Britain.

(To be continued). “ After being in force for nearly five years, the Orders in Council were rescinded, in consequence of their manifest disastrous results having been incontrovertibly LIST OF SHERIFFS AND UNDER-SHERIFFS, proved by evidence taken before the House of Com- WITH THEIR DEPUTIES AND AGENTS, mons, and so clearly and forcibly demonstrated by FOR 1855. Lord (then Mr.) Brougham in his well-known speech in Parliament.

*** Warrants are not granted in town for those places “ The history of these Orders in Council is thus marked (*). The term of office of the sheriffs, &c., for cities briefly but graphically given in the Edinburgh Review and towns, expires on the 9th November. Office hours—in for July, 1812:—These Orders in Council took their Term, from 11 till 4 ; in Vacation, from 11 till 3. origin in a decree promulgated by Buonaparte, at Berlin, on the 21st November, 1806, by which, in the usual Bedfordshire-J. S. Leigh, Esq., Luton Hoo, Bedfordshire. style of that personage, he declared the United Kingdom

Charles Addington Austin, Esq., Luto be in a state of blockade; that all commodities of


ton, Bedfordshire.

G. T. Taylor, Esq., 18, Featherstone. English origin, or belonging to Englishmen, were good

buildings. A. U. prize; and that no ship from England or her colonies,

Dep., G.T. Taylor, Esq., 18, Featherstone-buildings. or which should have touched there, should be admitted Berkshire-Henry Elwes, Esq., Marcham Park, Abingdon. into any harbour belonging to France or occupied by her troops. This bravado was followed on our part

Undershs., { Fohn J. Blandy, Esq., Reading. A. U. by an Order in Council dated the 9th January, 1807, Deps., Gregory, Gregory, Skirrow, & Rowcliffe, 1, by which we interdicted neutrals from the whole coast

Bedford-row. ing trade from one part of France to another; and in Berwick.upon-Tweed-Thomas Bogue, Esq., Marygate, BerNovember, a series of new orders was promul.

wick-upon-Tweed. gated, by which we declared that we would permit no

(James Call Weddell, Esq., Palace trade with France and her dependencies except through

Undershs., Avenue, Berwick-upon-Tweed. England; all neutrals bound to those countries being

R. Wilson, Esq., 3, King's-road,

Bedford-row. A. U. required, in the first instance, to touch at our ports, and pay a duty, to our Government; and that every

Deps., Pringle, Shum, Wilson, & Crossman, 3, vessel which had a certificate of origin on board should *Bristol-Robert Phippen, Esq., Church House, Bedminster,

King's-road, Bedford-row. be declared lawful prize. To which extraordinary

Bristol. edict France finally replied by what has been called

Undersh., W. O. Hare, Esq., Small-street, Bristol. the Milan decree, declaring in substance that any ves- Deps., Bridges, Mason, & Bridges, 23, Red Lion-sq. sel which in any way submitted to our orders of the Buckinghamshire-P. D. P. Duncombe, Esq., Brickhill Ma. 11th November, or which had been searched in the

nor, Fenny Stratford. course of her voyage by an English cruiser, should be Undersh., William Powell, Esq., Newport Pagnell. considered as lawful prize. This is the sum of these

Dep., S. Beisly, Esq., 1, Lincoln's-inn-fields. unprecedented State documents; and the consequence Camb, and Hunts—Sir Williamson Booth, Bart., Woodbury was, that between the French decrees and the English

Hall, Gamlingay, Cambridgeshire. orders all neutral trade was effectually annihilated.'

George De Vins Wade, Esq., Baldock, “ The effect of these decrees of Buonaparte and the

Undershs., Hertfordshire. orders of the British Government did not bear alone

G. F. Maule, Esq., Huntingdon. A.U. upon the commerce of England, or even of Europe. *Canterbury—John George Drury, Esq., Canterbury.

Dep., G. L. P. Eyre, Esq., 1, John-st., Bedford-row. Their baneful influence extended across the Atlantic.

Undersh., Robert Sankey, Esq., Canterbury. The United States of America, finding their maritimel Deps., Richardson & Talbot, 47, Bedford-row.

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