« AnteriorContinuar »
justices, against any officer, &c. who shall wilfully But assuming that the case were one in which the apply any part of the funds to purposes other than plaintiff could best attain his object of vindicating his those expressed or directed in the rules.
character by a trial at the assizes, the judge would have “ A provision is made against circulating copies of no difficulty in granting a certificate, and thus the antirules or alterations as being certified by the registrar, cipated evil would fall to the ground. when they have not been so certified.
For these reasons I think that the above objections “ By sect. 32 further facilities (than those in the to the plan are untenable, and I am not aware that any former acts) of investing the funds of friendly societies others have been urged. are given, as well as, by sect. 33, extended powers to
Concurrent Jurisdiction of Superior Courts and County the registrar to order the transfer of stock and money Courts where Parties live more than twenty Miles apart
, in savings banks when a trustee is absent from Eng- c.]-The Report, (see ante, p, 264),
after recommendland, &c., or has been removed from office, &c.
ing that the rule depriving plaintiffs of costs in the “With respect to the settlement of disputes, consi- superior courts should be extended to judgments by derable alteration has been made in the law. The rules default, proceeds thus :may direct the manner in which disputes between a “ This deprivation of costs, however, we propose member, or person claiming on account of a member, should be subject
to the exceptions contained in sect.
128 or under the rules, shall be decided ; and the mode of of the 9 & 10 Vict. c. 95, where the parties reside more enforcing the decision of the arbitrators, or of deciding than twenty miles apart, or the other circumstances disputes if no award is made &c., is by application to contemplated by the section exist.”. the county court; and after the 1st August next the
The above passage contains an indirect proposal to power of justices to decide disputes, under rules which retain the law as laid down in sect. 128 of the County referred the decision to them, is taken away; and such Court Act. From that proposal I dissent. disputes must, after that day, be referred to and de
When the county courts were first established, it becided by the county courts.
came a question of no trifling importance to determine “ By sect. 45 every society already or hereafter esta in what district the trials should be held. Several blished is once in every year, in the month of January, alternatives were suggested. The cause might be heard February, or March, to transmit to the registrar a either where the plaintiff lived or where the defendant general statement of the funds and effects of such society lived, or the plaintiff might be the dominus litis, as in during the past twelve months, or a copy of their last the superior courts, and he entitled to bring his action annual report.
in whatever county court he thought fit, the defendant " This provision supersedes the necessity of the an- being at liberty to change the venue on sufficient nual return, required under the repealed acts, being grounds. After much deliberation, it was deemed exsent to the registrar.
pedient to enact, as a general rule, that the summons “ In the case of a member in the militia serving out should issue in the district in which the defendant dwelt of the United Kingdom, the society have power in or carried on his business; but as it was felt that this certain cases to demand an extra contribution during rule would operate prejudicially to creditors who might such service. (Sect. 47).
either happen to reside at a great distance from their “There are no fees payable to the registrar for his debtors, or who might have sold their goods in some certificate to rules or alterations after the 1st August district other than that in which their debtors live, an next; and I am preparing a form of those rules required attempt was made to palliate the inconvenience by by the 18 & 19 Vict. c. 63, s. 25, which may shortly be enacting, in sect. 128, that “where the plaintiff dwells obtained on application to me by letter prepaid.
more than twenty miles from the defendant, or where " The importance of the subject must be my excuse the cause of action did not arise wholly or in some mafor the length of this letter.
terial point within the jurisdiction of the court within “ JOHN TIDD PRATT."
which the defendant. dwells or carries on his business,
the action inay be brought in the superior court, as if FIRST REPORT OF THE COUNTY COURTS the act had not been passed." COMMISSION.
The effect of this enactment is to confer on the su(Continued from p. 316).
perior courts a concurrent jurisdiction with the county
courts in all cases where the parties dwell more than OBSERVATIONS BY MR. TAYLOR-(Continued).
twenty miles apart, or where the cause of action arose
either wholly or in part out of the jurisdiction of the The only remaining objection is, that actions on tort district in which the defendant lives or conducts his are sometimes brought, not so much with the view of business. In other words, the plaintiff who sues under recovering substantial damages, as in order to vindicate these circumstances in any superior court will be enthe plaintiff's character by a public investigation; and titled to his costs, although he recovers less than 201. that in these cases it would be unjust to deprive the in an action on contract, or less than 5l. in an action plaintiff of costs merely because he did not obtain that on tort. Now, it appears to me that this is a very which he never sought to obtain-a verdict for more serious evil. So far as sect. 128 operates, it perpetuates than 201.
the abuses which the establishment of the county courts This objection is open to several satisfactory answers. was intended to remedy. The object of the county First, the cases are extremely rare in which character court system was to relieve suitors from the heavy costs is sought to be vindicated in any form of action for tort of litigation in the superior courts where the matter in over which the county court has jurisdiction.
dispute was of small amount. That object is defeated Next, it may reasonably be urged that a trial in a by the enactment in question. The inconvenience county court affords in general as good an opportunity which it was intended to meet may, in my opinion, be for vindicating character as a trial at the assizes. obviated without any of this costly machinery. My
The town in which the county court is held is usually plan is as follows: I propose to repeal so much of nearer to the residence of the parties than the assize sect. 128 as is cited above, and in lieu thereof to enact, town is; the trial takes place sooner after the in- that in the cases there suggested the plaintiff shall have jury was inflicted; and the audience, especially in the option of suing in whatever county court he thinks * sinall disputes,” is more likely to consist of the per- fit, but that the court in which he elects to sue shall be sonal friends and acquaintances of the litigants. In all empowered to change the venue at the instance of the these points, therefore, the county court has an advan- defendant on special grounds. tage over the Court of Nisi Prius.
(To be continued).
Aug. 11, 1855
WILLIAM OSLER, Earl-street, Finsbury-square, dealer
CUMIN'S MANUAL OF CIVIL LAW. and chapman, Aug. 15 at half-past 12, and Sept. 15 at 2, A
MANUAL of CIVIL LAW; or, Examination in the London: Off. Ass. Whitmore; Sol. Jones, 9, Quality
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THE LAW. MAGAZINE for AUGUST 1 contains, Norton, and W. Maxwell, Bell-yard, Lincoln's-inn.
GAZETTES.-FRIDAY, Aug. 10.
son and Benjamin Rollason, Bilston, Staffordshire, ironmasters, Sept. 10 at half-past 11, Birmingham.-T. Parton, Ruyton,
Eleven Towns, Shropshire, licensed victualler, Sept. 10 at BANKRUPTS.
half-past 10, Birmingham. - D. Foster, Goole, Yorkshire, THOMAS CHATTERTON, Rye, Sussex, dealer and chap- ironmonger, Sept. 3 at 12, Leeds.-H. Thompson, Ilkestone,
man, Aug. 18 at balf.past 12, and Sept. 22 at half-past 1, Derbyshire, woollendraper, Oct. 9.at half-past 10, BirLondon: Off. Ass. Whitmore; Sols. Lovell & Co., 14, South- mingham. square, Gray’s-ipn.- Pet. f. Aug. 8.
To be granted, unless an Appeal be duly entered. SAMUEL WILLIAM PARTRIDGE and DANIEL FRAN,
James Sims, Blakeney, Gloucestershire, tailor.-D. Davies CIS OAKEY, Paternoster-row, dealers and chapmen, Aug. the younger, Neath, Glamorganshire, railway contractor.18 at 1, and Sept. 27 at half.past 12, London: Off. Ass. Wm. Hall, Fordingbridge, Southampton, butcher. – James Cannan ; Sols. Turnley & Luscombe, 38, Cannon-street.
Gaukroger, New Bridge, Hebble End, and Lord Holme Mills, Pet. f. Aug. 9.
near Hebden Bridge, Halifax, cotton spinner.-Joseph MarsTHOMAS LEIGH, Wellingborough, Northamptonshire, dealer and chapman, Aug. 18 at half past 1, and Sept. 29 den, Balsall Heath, Worcestershire, licensed victualler.
PARTNERSHIP DISSOLVED. at 11, London : Off, Ass. Cannan ; Sol. Brisley, 4, Pancraslane, Cheapside.- Pet. f. Aug. 9.
William Daniel Henry Oehme and William Hovenden JOSEPH MOSES, Lambeth Lower Marsh, dealer and chap- Thacker, Bishopsgate-street Within, solicitors and attornies.
man, Aug. 18 at half-past 1, and Sept. 29 at 12, London: at-law.
TUESDAY, Aug. 14.
BANKRUPTS. Finsbury, cow keeper, (in co-partnership with James Plimp- BENJAMIN HAYNE and CHARLES HAYNE, Upper ton, under the firm of Plimpton & Co.), but now of Chapel
Whitecross-street and Aldersgate-street, carpenters, Aug. place, Cavendish-square, out of business, (a prisoner for
24 at half-past 12, and Sept. 29 at half-past 1, London: Of. debt in the Queen's Prison), Aug. 17 at 11, and Sept. 29 at
Ass. Whitmore; Sols. Digby, Circus-place, Finsbury. half-past 11, London : Off. Ass. Cannan ; Sol. Sadgrove,
circus; Baylis, Redcross-street.- Pet. f. Aug. 11. 64, Mark-lane.-Pet. f. Aug. 9.
ARTHUR COOLING and HENRY MARCHAM, LonHUGH WELCH COOPER, Wakefield-street, Regent-street,
don-wall, dealers and chapmen, (carrying on business under builder, and New Oxford-street, licensed victualler, Aug. 25
the style of Arthur Cooling & Co.), Aug. 24 and Sept. 29 at 1, and Sept. 27 at half-past 11, London: Off. Ass.
at 1, London: Off. Ass. Cannan ; Sol. Philpot, 49, GracePennell; Sol. Harris, Moorgate-street.--Pet. f. July 24.
church-street.-Pet. f. Aug. 10. THOMAS CORAH, Nottingham, dealer and chapman, Aug. WILLIAM HACKETT, Oxford, dealer and chapman, Aug. 21 and Sept. 18 at 10, Nottingham : Off. Ass. Harris ;
25 at 11, and Sept. 29 at 2, London : Off. Ass. Candan; Sol. Hunt, Nottingham.- Pet. d. Aug. 8. JAMES HÁYWOOD, Derby, ironfounder, Aug. 21. and JOHN FIELD, Burnham Westgate, Norfolk, draper, Ang.
Sols. Parker & Co., 17, Bedford-row.- Pet. f. Aug. 11. Oct. 2 at 10, Nottingham: Off. Ass. Harris; Sols. Huish &
25 at half-past 1, and Sept. 27 at 2, London : Off. Ass. Helm, Derhy; Motteram & Knight, Birmingham.-Pet. d.
Whitmore; Sols. Sole & Co., 68, Aldermanbury.-Pet. f. Aug. 7.
July 31. CHARLES PARSONS, Frome, Somersetshire, dealer and chapman, Aug. 21 and Sept. 18 at 11, Bristol : Of. Ass. CHARLES MERIT RIGG, late of Crane-grove, Albion
road, Holloway, but now of Upper Stamford-street, BlackMiller ; Sols. Brittan & Son, Bristol ; Jones, 15, Sise-lane. - Pet. f. Aug. 1.
friars, apothecary, Aug. 24 at half-past I, and Sept. 29 at
half-past 12, London : Off. Ass. Whitmore; Sols. Messrs. THOMAS WILSON, Manchester, (but now a prisoner for debt in her Majesty's Gaol of Lancaster), dealer and chap- JOHN GROVER, Strand, dealer and chapman, (trading
Hopgood, King William-street, Strand.-Pet. f. Aug. 10. man, Aug. 22 and Sept. 14 at 12, Manchester : Off. Ass.
under the style or firm of Grover & Co., and also trading Pott; Sols. Clough, Huddersfield; Higson & Robinson, Manchester.- Pet. f. Aug. 1.
under the style or firm of Measam & Co.), Aug. 23 and THOMAS DIXON, Crook, Durham, grocer, Aug. 21 at 11,
Sept. 25 at half-past 11, London: Off. Ass. Whitmore; and Oct. 2 at half-past 12, Newcastle-upon-Tyne : Off. Ass. WILLIAM CHARLES GOODE, High-street, Borough,
Sol. Heathfield, 19, Lincoln's-inn-fields.- Pet. f. Aug. 13. Baker; Sols. Watson, Newcastle-upon-Tyne; Shield & Harwood, 10, Clement’s-lane, Lombard-street.--Pet. f.
dealer and chapman, Aug. 31 at 12, and Sept. 27 at il,
London : Off. Ass. Cannan; Sols. Linklaters & Hackwood, Aug. 7.
17, Sise-lane, Bucklersbury.- Pet. f. Aug. 14. JOHN WINSPEARE, Middleton, Stranton, Durham, dealer and chapman, Aug. 17 at 12, and Oct. 2 at 1, Newcastle - CHARLES HORSNELL,
Aug. 24 at 2, and Sept. 28 at half-past 12, London : Of upon-Tyne : Off. Ass. Baker ; Sols. Newby & Richmond, Stockton-upon-Tees ; Griffith & Crighton, Newcastle-upon
Ass. Whitmore; Sols. Goddard & Eyre, 101, Wood-street.
- Pet. f. Aug. 13. Tyne. -Pet. f. Aug. 6.
WILLIAM FAIREY, Bedford, provision merchant, Aug. 31 MEETINGS.
at 2, and Oct. 2 at 12, London: Off. Ass. Nicholson ; Sols. Wm. Waddell, Liverpool, merchant, Aug. 23 at 11, Liver- Haxby, Leicester; Sole & Co., 68, Aldermanbury.- Pet. f. pool, aud. ac.- - William Rennie, James Johnson, and William Aug. 4. Rankin, Liverpool, shipwrights, Aug. 23 at 11, Liverpool, JOSEPH SPENCER, Bilston, Staffordshire, ironfounder, aud. ac. joint est., and sep. est. of Wm. Rankin.-P. Shanley, Aug. 25 and Sept. 22 at 11, Birmingham : Off. Ass. WhitManchester, shoe dealer, Aug. 22 at 12, Manchester, aud. ac. more; Sols. Deakin & Dent, Wolverhampton ; James, Bir
- Daniel J. Fynney, Liverpool, corn merchant, Aug. 31 at mingham.-Pet. d. Aug. 8. 11, Liverpool, div.
SAMUEL FENN and JOSEPH FENN, Birmingham, CERTIFICATES.
tailors, Aug. 25 and Sept. 21 at 11, Birmingham : Of. Ass. To be allowed, unless Cause be shewn to the contrary on or Whitmore; Sol. Smith, Birmingham.- Pet. d. May 16. before the Day of Meetiny.
JOHN MONK and THOMAS MONK, Tipton, StaffordGeorge Smith Stredder, Lancelot-place, Trevor-square,
shire, boiler makers, Aug. 25 and Sept. 22 at 11, BirmingKnightsbridge, builder, Aug. 31 at half-past 1, London.
ham: Off. Ass. Christie; Sols. Duignan & Hemmant, WalJohn Turner, Bunhill-row, machine maker, Aug. 31 at balf
sall; E. & H. Wright, Birmingham.-Pet. d. June 26. past 1, London.-Wm. Cockell, Battersea, licensed victualler, CHARLES PHILLIPS, Weston-super-Mare and Burnham, Sept. 1 at 11, London.- Joseph Jackson, Liverpool, draper,
Somersetshire, tile manufacturer, Aug. 28 and Sept. 25 at Aug. 31 at 11, Liverpool.-Robert Lambert, Liverpool, out
11, Bristol: Off. Ass. Miller; Sols. Bevan & Girling, Bristol, fitter, Aug. 31 at 11, Liverpool. -William Jones, Ewloe,
- Pet. f. Aug. 10. Hawarden, Flintshire, licensed victualler, Aug. 31 at 11, Liver: RICHARD GOODACRE, Nottingham, grocer, Sept. 4 and pool.- John Christie, Accrington, Lancashire, ironfounder,
25 at 10, Nottingham : Off, Ass. Harris, Sol. Clarke, Not. Oct. 4 at 12, Manchester.-J. T. Robson, Derby, silk manu.
tingham.- Pet. d. Aug. 2. facturer, Oct. 9 at half-past 10, Birmingham.- David Rolla
[For continuation of Gazette, see p. 333).