Imágenes de páginas

No. 517— Vol. X. DECEMBER 5, 1846.

PRICE ls. *** The following are the Names of the Gentlemen who favour The Jurist with Reports of Cases argued and

decided in the several Courts of Law and Equity :House of Lords ......

SA. GORDON, Esq. of the Inner Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's 1 Temple, Barrister at Law. Court ..............l Inn, Barrister at Law.

TENISON EDWARDS, Esq. of the Privy Council ...

Court of Queen's Bench

SG.J. P.SMITA, Esq. of the Inner 1 Inner Temple, Barrister at Law.

2 Temple, Barrister at Law.

u SA. V. KIRWAN, Esq. of Gray's The Lord

Queen's Bench Bail Court A
Chancellor's S A. Gordon, Esq. of the Inner

" Inn, Barrister at Law. Court ..............2 Temple, Barrister at Law. Court of Common Pleas, 7 D. Power, Esq. of Lincoln's


l Inn; and Master of the Rolls Court {G. Y. Robson, Esq. of the Inner

Appeals under Registra- |W. Paterson, Esq. of Gray's " Temple, Barrister at Law.

tion of Voters Act....) Inn, Barristers at Law. Tenison EDWARDS, Esq. of the

SW.M. Best, Esq. of Gray's Inn, Vice-Chancellor of Eng-J

Court of Exchequer ....
Inner Temple, and

Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the

Ecclesiastical and Admi. SJ. P. DEANE, D.C.L. of Doctors ! [ Inner Temple, Barristers at Law.

ralty Courts ........1 Commons. Vice-Chancellor Knights W.W. COOPER, Esq. of the Inner |

SW.W.COOPER, Esq. of the Inner

her || Court of Review ...... Bruce's Court........ Temple, Barrister at Law.

wel Temple, Barrister at Law.


transfer would be made—and he thinks it ought to have

been made-by taking a given number of causes from the We do not set ourselves up for reformers of every top downwards. If that process had been adopted, he alleged abuse in the law or the procedure of courts; would have got into another list, where he believes his neither do we affect to consider ourselves as called upon cause would have been earlier disposed of. But, alas ! to take up the defence of the law, whenever it is at the Lord Chancellor has followed some mystic rule of tacked, justly or unjustly. But when we find the selection, taking a cause here and a cause there, so that public totally misapprehending the ground and nature some at the bottom of the list are transferred from the of some particular mode of proceeding in the despatch Vice-Chancellor of England's paper to another Viceof legal business, we desire, so far as we can through Chancellor's, and some at the top and in the middle, the pages of this Journal reach the public mind, to remain where they were. disabuse it of its error. We have lately seen some re- Now, this aggrieved suitor has totally misunderstood marks in a public journal, purporting to emanate from the principle on which causes are transferred: they are one of that class of persons called “ Chancery suitors," not transferred for the direct purpose of expediting the a class with whom the public is, in general, disposed to hearing of any particular set of causes, but for the gehave a most violent sympathy. The complaint of the neral expediting of business, by keeping all the branches individual suitor, to whose lament we refer, is directed of the court employed. Only, therefore, indirectly is against the new practice of transferring causes from the the practice calculated or intended to bring forward the list of one of the Vice-Chancellors which may happen hearing of particular causes. to be overloaded, to that of another which happens to be But, adopting that as the general principle, the auunderloaded; and the particular ground of the com- thorities on whom the arrangement of these matters plaint is, singularly enough, the very opposite of that depends, have not thought it right to break in upon priwhich has been generally made against it. The gene- | vate convenience, more than was necessary for effectural, and, as we think, well-founded complaint against ating the general purpose of not wasting the judicial the practice of transferring causes, is, that it forces a strength of the court. Therefore, it has been made, as suitor out of the court which he has been permitted to we believe, a rule, that, in selecting the causes to be choose, and has chosen, and out of the hands of the transferred, regard has been had to certain circumcounsel that he rightly or wrongly has exercised his stances, with a view to avoid, as far as possible, the undoubted right to confide in, and has chosen, into an- mischiefs of a compulsory transfer. For instance, if other court, where he may, at the maturity of a suit, briefs have been actually delivered in a cause, that find himself in the hands of a judge and of counsel, to cause is not transferred, although it might have been whom its birth is a mystery, and its adolescence an un- so, if its mere numerical position in the list had been known thing. But the complaint of our injured suitor considered. So, if both parties desire a cause to remain is, that he is not transferred : he has got into the in the court in which it was originally set down, atten, men cause list of the Vice-Chancellor of England, whose list tion is paid, if possible, to that desire; and a selection is not is very heavy; and recently he had hugged himself with made upon these principles, not with a view to acceler the notion, that, as there was to be a transfer, the late directly the relative period for the hearing of any Vol. X.


cause, but with a view to distribute the causes among incidence of taxes, in order, if possible, to prevent the the several branches of the court, with as little damage trying of so absurd an experiment as that of seeking to to the conduct of causes as may be.

compensate in the reign of Victoria an injustice which, If causes were transferred simply with reference to

| if it ever existed, was consummated in the 53rd of

George III. their places on the list, as, for instance, the first dozen

The operation of taxes in respect of their incidence or so, it is manifest that no regard could be paid to may be stated in a few propositions, which are so simple any considerations of convenience. The result might, and obvious that we should not be justified in bringing perhaps, be convenient to a very few suitors, viz. those them forward and dwelling on them, if they had not whose causes are at the end of the transferred list,

been strangely overlooked in some recent discussions,

But we may fairly assume that the subject, simple as who might thus have their causes brought to a hear

it is, cannot be universally understood, when we find a ing earlier than would otherwise have happened. But committee of the House of Lords, selected (it is to be to all those who stood at the upper end of the trans- supposed with regard to their qualification for the ferred list, as they would have stood already well for a task) to inquire and report on the very question before speedy hearing without being transferred, they could us, returning, as the result and quintessence of their

investigations, such incoherencies as these :gain little or nothing by the transfer in point of time,

“It is evident that every compulsory charge levied and would, or at any rate might, lose much in point of upon the land, and which becomes payable out of its convenience and safety, and even incur great additional proceeds before any portion of them is available or apexpense by having to instruct fresh counsel, probably plicable to the profits of the capital vested in it, must be without giving them sufficient time to master the cases held to affect that capital *.”.

"Affect the profits of the capital,” we suppose is the thus suddenly brought before them.

meaning. But this will not happen while the land That the whole system of transfer is clumsy, we do

yields rent; for the rent, being the surplus produce of not deny; we have already before in these pages com- the land after all expenses and the ordinary profits of mented upon it, and suggested, as we now again sug- capital are deducted, must bear every peculiar charge gest, that either the several branches of the court upon the land or its produce; a fact of which the aushould be left to take their chance of business, accord- thors of the report appear to be dimly conscious,-for ing to the popularity that they can command, as is

they go on to say: “If such charges are of a magnitude the case with the courts of common law; or else that the average profits of capital, such capital would, in

to reduce the value of the net produce of the land below causes should be set down in a regular order by the re accordance with general principles, be withdrawn from gistrars, without any reference to the wishes of the the cultivation of the soil to be diverted into some other parties, so as to divide the business compulsorily be

channel.” Are we to infer, then, that the landowner tween the several branches of the court; but no trans

ever allows the capitalist to reap more than the ordi

nary profits of capital? By no means; he is well fer should ever take place, except by the consent of

aware, as the committee informs us, that the cultiva. both parties. Wbile, however, the present system does / tion of land will attract capital at a lower rate of interest last, it is preposterous for any one, when he has selected than most other occupations ;” and yet we are told, in his court, and come in at the end of a long list, of the the next paragraph, that "all charges levied upon the length of which he is apprised, to complain of being

land, whether paid by owner or occupier, reduce the wronged, not because the hearing of his cause is de

net profits of their joint capital invested in the cultiva.

tion of it!" ferred, but because he is left in the list of his own se

“The land-tax," in the opinion of the committee, lection.

" is a burthen upon land, inasmuch as it must be de

ducted from the gross proceeds of the land before its THE INCIDENCE OF TAXES.--BURTHENS ON net product can become available as profits of capital." LAND.

The beginning and end of this apparently contradictory sentence may, perhaps, be reconciled by reading

“profits of capital" in the sense of “rent,”-a “nice In treating of the burthens on land, we do not mean

derangement of epitaphs,” by no means without a pato break our vow of political neutrality; on the con- rallel in this extraordinary report. trary, our object is to deprive the discussion of its poli 1 The same process which proves land-tax to be! tical zest, by shewing that no established tax can pos

burthen might be thought to be equally applicable to

the tithe rent; but the committee feel a lordly contempt sibly constitute a burthen on the owners of land, or of

for such economy of logic, and having inferred the land. any other species of property. It has often been urged,

tax to be a burthen because it must be deducted from that moveable and immoveable property do not contri- the gross proceeds of the land before they are netted, bute to the public revenue in just rateable proportion. concluded that the tithe-rent must be a burthen, be That there is an inequality is generally admitted; but cause (as they strangely assert) it is to be paid whether whether land or personalty is favoured is warmly de- there is any produce or not. The committee are of bated. Going into detail, one party complains of the opinion that the tithe commutation rent-charge operates heavy duties on the administration of personal property, as a burthen on the land which is subject to it, inasand calls for the repeal of this, or the imposition of a much as a certain amount, measured in produce, must similar tax on real property passing by devise or de- be paid, whatever may be the nature of the cultivation, scent. The landowner, justly alarmed, retorts, that this or the return made by it." inequality is more than compensated by the great ex | Having treated the other burthens with the like felicess of the duties on conveyances of land over those on city and cogency of logic, the committee proposes seven the transfer of personalty; and both parties concur in “remedies, '--the seventh being a repetition of certain demanding a revision of the stamp laws. It is because we experiments on the value of malted barley for fattening think, though on very different grounds, that there is cattle. & pressing necessity for an amendment of the stamp laws, and some probability of its being attempted, that * Report of the Select Committee on the Burdens affecting we beg the attention of our readers to the theory of the Real Property. (Dom. Proc., 18th May, 1846).

Among the infinite variety of shapes which taxation A tax upon the sale of land falls chiefly on the seller. may assume, it will be sufficient for our purpose to con- He cannot sell in the investment market, except at the sider a few of extensive application-taxes on rent, on real value of the land, and must pay the tax out of that land, on profits, on capital, on wages, on commodities. value. But this circumstance makes it the interest of

To exclude ambiguity in the use of terms,-by the landowner not to sell; and a buyer in want of the “ wages" we mean that share which the labourer ob- land will not generally induce him to sell, except by tains of the produce of his labour, remaining after offering to pay all or part of the tax, in addition to the the capital (including rent) expended in obtaining value of the land. The tax, therefore, operates as a rethe product has been replaced. The residue is the straint on sales. profits of capital. It is unnecessary here to shew! Taxes on voluntary gifts, and on successions, fall on how this definition may be extended to include wages the donee or successor; but, inasmuch as they impair the of what is called “unproductive labour.” The ratio in ability of the owner to give or leave his property, the which the net product of labour and capital is divided owner may be said also to feel their pressure. between the labourer and the capitalist, or the ratio of Whenever a tax falls on the consumer, it operates in wages to protits, varies inversely as the ratio between the same manner as a tax on his wages or his capital; for the quantity of labour in the market and the quantity it is only out of his wages or his capital that he could of labour which the existing capital is capable of fully have purchased the commodity. employing. But the actual ratio in the standard (but It appears, then, that, as land, capital, and labour indeterminate) case of an exact adaptation of the quan- constitute the entire wealth of a country, its revenue tity of labour to the quantity of capital, is obviously can only be raised from one or more of these sources. incapable of à priori or exact determination. It is the The question remains, how is the pressure of the tax result of a variety of physical and moral inducements, felt after it has once been imposed and settled ? acting in various ways. By "rent" we mean that part Consider, first, taxes upon land, Suppose an estate of of the produce of land which remains, after replacing fifty acres, producing 1001. clear income, to be worth the capital expended in cultivation, and paying the 20001. A perpetual tax of 21. per annum is imposed on wages of the labour and the profits of the capital em- it, reducing its clear rental to 981., and its value to ployed.

19601. This is at once a confiscation of 401. for the A tax upon rent will be borne by the landowner. It service of the state. Thenceforth, the owner's income will not affect the profits of capital, because the land- is so much smaller,--his estate is worth so much less. owner has no control over such profits. A tax upon Its value to sell, to give, to leave, is permanently reland may be either a tax upon rent, a tax proportionate duced. He sells, and the purchaser pays for a property to the value of the land, (which is the same thing), or worth only 19601.:-he dies, and transmits an inherita tax varying with the acreage. In the latter case, as ance of that value. The purchaser or heir, to whom it well as in the former, the landowner will pay the tax, was never worth more, does not feel the tax. The evil for it will operate by diminishing rent, which is the was consummated and exhausted at the moment when surplus left after payment of all expenses, (including the tax was imposed, just as if, instead of taking a pertaxes), wages, and profits of stock. An acreage tax petual rent-charge of 21., the government had set apart will also throw out of cultivation all land which, if and appropriated to its own use one out of the fifty untaxed, would yield less rent than the amount of the acres of the land itself,—which is very nearly what has tax; but the details of the operation of such a tax been done where the land tax has been redeemed. must depend on the mode in which it is levied, and A., the owner of the property, now sells it to B., & other circumstances. By throwing out of cultivation fundowner, who has never felt the pressure of the tax the most inferior lands, it will diminish the production, at all. B. sells out, and A. purchases, stock worth and tend to increase the price of agricultural produce; | 19601. After this, further supplies are needed, and the but as the price of other kinds of produce will also Legislature, considering that the landowners are overrise, it is obvious that (independently of foreign com- taxed, determines to give the fundowner a turn, and petition) the landowner will lose on the whole. A tax now levies 21. per cent. upon stock. How does this upon the produce of land will also stop the cultivation equitable adjustment of burthens operate in the indiof the poorest land.

| vidual case we have put? Simply to take from A., in Taxes upon capital and upon profits are the same his new character of fundowner, about 391., making, thing. They fall on the fund to be divided between with the 401, which he formerly contributed as landthe capitalist and the labourer, and must affect both owner, a total confiscation of 791. B., the fundowner profits and wages.

turned squire, escapes free on both occasions. A tax upon wages is obviously the same thing as a Past confiscations, like past blows, are felt by no one; tax upon profits: neither tax will affect the consumer and thus taxes upon land and upon existing capital do as such, because the means of production, and the ap- not constitute a permanent burthen. But taxes which plication of capital and industry, will not be interfered include within their scope capital yet uncreated and with, and the relative values of commodities will remain wages yet unearned, carry a more enduring sting. The the same.

pressure of these taxes is felt from time to time, as the A tax upon all commodities or products of industry, capital or wages on which they are imposed comes into is the same as a tax upon profits or wages: it dimin-existence, in the same way as if a new tax had been ishes the fund to be divided between the capitalist and imposed, save only in the absence of the element of unthe labourer, and falls upon those parties.

expectedness. Rent is not affected by any tax upen capital, profits, The moral to be drawn from the above investigation wages, or produce, because it is the excess of the pro- | is sufficiently obvious. As all existing taxes on land duce of land over the gross result obtainable from the and on existing capital are, no matter how unjustly imsame capital and labour otherwise employed.

posed in the origin, not burthens on individuals or The taxes we have been considering do not (except classes, but portions of the land and capital set apart for in case of an acreage tax on land, or a tax upon the the public service, a remission of any of these taxes would produce of land) interfere with the application of in- be a wanton misapplication of public property for the dustry, as taxes of a more restricted incidence may do. benefit of particular classes. The land-tax, tithes, highMost partial taxes, independently of their operation in way rates, income-tax on land and on existing stock in restraining particular applications of industry, or modes the funds, and in joint-stock companies, and other taxes of expenditure, may be referred to one or other of the of the like nature, can never, therefore, be remitted congeneral classes we have been considering.

sistently with justice to the community. Commutation

or modification, for the purpose of remedying any incon- practical a view as possible of a subject which is likely veniences incident to the collection of them in their pre- i ' to become of so much interest and importance, and yet sent form, may be allowed, but not remission. On the one which, from its very nature, is at present, and for other hand, no new tax of partial incidence should be some years likely to remain, in an unsettled and unimposed, whether as a remedy for past injustice, or on certain state, it is proposed, in the following treatise, any other pretence.

under such titles as may be deemed the best guides to In another paper we shall endeavour to ascertain the subject-matter they contain, first, to set out in how far the vexatious restrictions of the stamp laws full all the statutory enactments; then to give such may be relaxed, without detriment to the interests of comments thereon as may be deemed advisable; and, the public, or of particular classes.


• lastly, to set out all the common law collateral to, or 'bearing upon, the matters treated of under those titles,

'hoping, by these means, to anticipate and solve, as far Review.

'as possible, the doubts and difficulties which are sure

'to arise in a scheme so extensive as the present." A Treatise on the Law of the New County Courts, com

According to Mr. Moseley, the new courts will be of piled from the Stat. 9 810 Vict. c. 95, and the Common

a very nondescript character, and he suggests in limine Law applicable thereto. By JosEPH MOSELEY, Esq.,

a fertile cause of doubt as to their jurisdiction. After Barrister at Law. Part I.

speaking of the power of the Crown to create courts, [Stevens & Norton. London, 1845.]

and of how that power is limited, and shewing, that,

where courts are created accordant with the common This is the first part of a work which, if continued law, all necessary authority will impliedly accrue to in the same style, will probably become a standard book them, he proceeds thus:-“And no authority will arise with those whose practice shall lead them within the but such as is absolutely necessary. For, as we have atmosphere of the new county courts. Mr. Moseley has

seen, though power of appointing officers for the exe

seen though not hastened to snatch at the new statute, and to bring

cution of process is created by implication, no such out, almost with the publication of the act itself, one of

power accrues to appoint an officer to execute a writ those things called editions of an act, with notes critical

of inquiry to assess damages, for that might have been and practical, but which are in general little more · done by the court itself. (Metcalfe v. Worseley, 1 than a reprint of the act, with a few unlearned notes, Roll. Ábr. 526). And it is doubtful whether any merely twisting its phrases into some other phrases, not process will be implied by law, other than process of more intelligible than themselves, under pretence of ex

'common law, or whether the common law would

common law plaining them. But he has set himself, in the spirit of

elf, In the spirit of 'imply anything in aid and assistance of a court whose

implv ans an earnest writer, to expound the new statute, not only proceedings were not according to the course of comby a careful analysis of its enactments, but by collecting | mon law. As, if a court of conscience, or equity, or a great mass of common-law learning, bearing upon the

of civil law were created by act of Parliament, and jurisdiction of inferior courts in general, and upon the power of issuing process or other necessary powers powers, duties, and liabilities of persons filling such

'were omitted, it seems doubtful whether such power judicial and official stations as are created by the new

would be raised by common law. And, at least, it statute.

* seems improbable that the common law would raise A work of this structure is a work of labour and

• other powers than those existing at common law, And thought, and deserves a very different measure of exa

' as the proceedings in the new county courts, as before mination and consideration at the hands of the critic,

I observed, are partly not in accordance with the comfrom those meteoric productions of which we have be-. • mon law, there may be doubt as to whether any fore spoken. We shall therefore devote somewhat powers necessary for the carrying on the business of more of our space and criticism to Mr. Moseley's pages the court, and not contained in the statute, would than we have done, or ever will do, to the ordinary class arise to them by implication of law. But, as these of editions, cum notis, of new statutes. Mr. Moseley's

courts are declared to be courts of record, and their plan will be best understood by the explanation given of

powers and jurisdiction are to be the same as those of it in his Introduction, which we therefore transcribe:— the old county courts, except as altered, there would

“By the 3rd section of the statute of the 8 & 9 Vict. be less room for any difficulty on this point with rec. 95, which, it is scarcely necessary to remark, is the spect to these courts than courts of conscience." statute on which the new county courts will chiefly So that, if Mr. Moseley's doubt is well founded, and depend, and which will therefore be referred to in the we think it is, the judges of the new courts will pro« following work as 'the statute,' it is declared, that bably not proceed far, before finding that the act does every court holden under this act shall have all the not tell them what they are to do; and they cannot injurisdiction and powers of the county court for the fer it from the common law. recovery of debts and demands as altered by the act.' We would wish particularly, also, to call to the fol- The effect of this enactment would appear to be not lowing passage the attention of those gentlemen who only to give all the powers and jurisdiction of the old may be ambitious of sitting in the new judicial seats, county court to the new county court, subject to the indulging themselves in the dream that they will have • express or implied alteration by statute, but also all nothing to do but to study the 9 & 10 Vict. c. 95, and • the law and practice attached to the use of such juris- to deal out pure moral justice, unencumbered by form, • diction and practice, subject to the alteration by the and untrammelled by rules of practice. If Mr. Mose

statute. For the latter will pass as inseparable from ley is right, they will carry with them to the judgment • the former, and it would be absurd to suppose that seat the whole of the law and practice of the old county the Legislature intended to give the powers without courts, in which case we can only say they will fairly the duties that are incumbent on the use of them. earn their salaries of 12001. per annum. But let us

It will therefore follow, that the jurisdiction and the hear Mr. Moseley on this point. 6 power, and the law and practice by which such juris “It were difficult to give any legal definition of the - diction and power were regulated, of the new county 'new county courts, such as they appear to be from the

courts, is partly that which is contained in the statute above enactments. They are not, indeed, entitled to 6 and partly that which exists at common law, because 'the name of county courts in its strict sense, for the the common law was peculiarly that of the old county fact of their being courts of record, and of some of court.

their proceedings being so utterly at variance with the “In order, then, to obtain as scientific as well as l. common law, as the trial by five jurymen, and, in

Walford o. Adie




some cases, by none at all, would disqualify them from more important to the practitioner, viz. the procedure such appellation. And yet, by the 3rd section, they of the new courts. On this part of the subject, we preare declared to be county courts, except as altered by sume Mr. Moseley will not enter, until the judges shall, the act. On the whole, however, the new county pursuant to the 78th section, have framed the general courts may be said to be inferior courts of record, the rules for regulating the practice and proceedings of the ‘law and practice of which is regulated partly by com county courts. In the meantime, we recommend those 'mon law and partly by statute. For, as it is declared who intend to practise, or in any way to connect themthat they are to have the powers and jurisdiction of selves with the new courts, to procure the part of Mr. the county court for the recovery of debts and de- Moseley's work that we have here noticed, assuring mands as altered by this act,' it is presumed that they them that they will find in it solid and practical inwill be the same in those respects as the old county formation, such as they will find it useful to recollect court, except as so altered. And, as they are to have in their county court practice.. all the power and jurisdiction of the old county courts, it would appear that they will also have all the law and practice by which such powers were regulated in

Court Papers. the old county courts as incidental thereto, except so 'far as altered expressly or impliedly by the act; for (it could never have been intended by the Legislature | EQUITY CAUSE LISTS, AFTER MICHAELMAS 'to give them the power and jurisdiction of the old

TERM, 1846. county courts without the corresponding duties and ** The following abbreviations have been adopted to obligations incumbent on the use of it. But as, by abridge the space the Cause Papers would otherwise have occuthe 6th section, all former acts of Parliament. so pied :-A. Abated-Adj. Adjourned-A. T. After Term--Ap. far as the same affect the jurisdiction and practice Appeal-C. D. Cause Day-C. Costs-D. Demurrer-E. Ex. of the courts established by the act, are repealed,

ceptions-F. D. Further Directions-M. Motion-P. C. Pro " there is some doubt whether all the law of the old

Confesso-Pl. Plea-Ptn. Petition-R. Re-hearing-s. 0.

Stand Over-Sh. Short. county courts, so far as the same arose by statute and concerned the practice and jurisdiction of the same,

Court of Chancery. is not repealed so far as the new county courts are

Before the LORD CHANCELLOR. .concerned. But the statute concerning the oaths ne

| Stocken v. Dawson (4 ca., Ap) cessary to be taken by officers, and the statute con


SO cerning the sale of offices, all of which are so important

Strickland v. Strick.) Watts v. Hyde (Ap) SO. in all courts, are, probably in neither case, statutes

land within the description of statutes affecting the juris

Ditto v. Boynton (Ap)

Adie v. Walford (Ap) diction or practice of the court, and will be as binding

Morison o. Morison (Ap) . on the officers of the new county courts as upon the Dalton v. Hayter (Ap) To fix | Davis o. Chanter (Ap) former ones.

a day

Macmahon o. Burche la “The importance of the 3rd section, which assimilates Att.-General 0. Masters and Ditto v. Ditto

(AP) 'the new county courts to the old ones, is extreme, as Wardens, &c. of the City of Att.-Gen, v. Mayor, &c. of 'it has the effect of letting in the whole common law, L. Bristol (Ap)

Newcastle-upon-Tyne (Ap) which was peculiarly that of the old county court, as Bla

tv conrt al Black v. Chaytor (Ap) SO Joynson v. Moseley (Ap) applicable to the new county courts, subject to the

Acte to the Johnson v. Reynolds (F D by Bainbridge v. Baddeley (Ap) express alterations of the act, and thereby has the

De Beauvoir o. De Beauvoir

Lord v. Wightwick (Ap, M) effect of elucidating and filling up, as it were, those

(Ap) Trail v. Bull (Ap)

Finden u. Stephens (Ap) * imperfections and oversights which must ever exist in

so extensive a scheme as that contained in the present * measure for local jurisdiction. And although the

Before the Vice-CHANCELLOR OF ENGLAND. practice and framework of the new county courts PLEAS, DEMURRERS, CAUSES, AND FURTHER DIRECTIONS. bears but little resemblance to that of the old county Heath o. Chadwick (D) | Chambers v. Waters (E) courts at common law, yet, as all the general principles Thelluson v. Lord Rendlesham Smith v. Robinson of common law are not merely applicable to common (D)

Foster v. Vernon (F D, C) law practice, but to most legal proceedings, they will | Tibbs v. Rushbrook (PI) Vale v. Sherwood (7 causes, F 'be found more extensive in the application to the new Terry o. Wacher (part heard) D, C) courts than it would at first appear. And these express Simpson v. Holt (F D, C) Haffenden v. Wood (E) provisions of the statute are the more necessary, as

Garrod v. Moor

Branscomb v. Branscombe (F there is some doubt whether the general principles of

Smale o. Bickford (2 causes) D, C) common law could be applied in aiding and assisting

Peacock v. Kernot

Stammers v. Halliby (3 ca., 7 Morrison v. Watkins

FD) “in the carrying out of jurisdictions, which, in some

Wright v. Barnewell (E,FD) Ditto ó. Battye (by order) points of view, were diametrically opposed to it, like

Greenway v. Buchanan Dorville v. Wolf (F D, C) courts of conscience and courts of equity, to the former

Walton v. Morritt

Richards v. Patterson (É D,C) of which these new courts, in some points, and, indeed, Dobson v. Lyle (F D, C) Woodman v. Madgen (F D, C) 'entirely in matters below 40s., resemble.”

Parker v. Hawkes (E)

Attorney-Gen. v. Pearson (E, Mr. Moseley proceeds to treat of the courts, shewing, Giffard v. Withington

FD) in conjunction with the enactments of the statute, the Daniel v. Hill

Dawson o. Chappell (FD, C) common law, as to when and where courts may be held, Insole o. Featherstonhaugh Wait v. Horton (F D, C) &c. He then proceeds to treat largely of the officers Lane v. Durant (E, F D) Montague o. Cator (F D, cau.) of the court-of their appointment, of their oaths of

Pocock v. Johnson

Groom o. Stinton (4 causes) office, of their interest in their office, of their duties, Cope v. Lewis

Corbett v. Limbrick (F D, C) their fees, and their offences: and on all these subjects

Attorney-Gen. v. Trevelyan Baxter v. Abbott (F D, C) he pursues steadily his plan, of stating the effect of the

Stert v. Cooke

De Beauvoir v. De Beauvoir

Hodgkinson v. Barrow (FD,C) (FD, C) new enactments, so far as they can be expounded before

Colbourn v. Coling

Beale v. Warder (Re-hearing) any cases have arisen upon them; and of collecting a Hickson v. Smith (at deft. Turner v. Simcock (F D, C) great deal of common-law learning bearing upon the request)

Booth v. Lightfoot (F D, C) different subjects of disquisition. The first part stops | Palmer v. Pattison (F D. C Ludlow v. Guilleband (F D, here; and we must look forward to the publication of Minter v. Wraith (FD, cause) C) the remainder, for the discussion of that which will bel Hemming v. Spiers (E) | Howell v. Saer

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