978 984 987 988 Just published, Part IV. of Vol. XI. of only have heard the whole case, but who possess private information as to the antecedents of the convicts. Three complaints of apparently unequal sentences, by perfectly competent Judges, were formally brought under the notice of the HOME SECRETARY, who read the answers given by the Judges whose conduct had been impugned, and which will completely vindicate the justice and wisdom of those sentences. It is, perhaps, vain to hope that this refutation of their critics will have the good effect of making leading article writers and "correspondents more cautious for the future how they find fault in matters of which they are ignorant, for in the sore need for sensational they will tontinue to seize upon linal topics, the a rair prospect of being read. But if it does not suppress the abuse, it will, probably, put a bridle upon the growing practice of trying cases over again, with the newspapers for Judges. Trial by the Daily Telegraph, as the Pall-Mall Gazette has significantly termed it, is quite of modern intro C Court of Criminal Appeal, the Superior Courts, the duction, and has made rapid growth within Central Criminal Court, at the Assizes, and in Ireland. month. Price 58. 6d. The Parts and Volumes may still be had to complete sets. Edited by E. W. COX, Serjeant-at-Law, Recorder of Ports- the last three years. How perilous it is to the due administration of justice, by shaking the authority of the Judges and confidence in the tribunals, is shown by the correspondence which the publication of an article thus judging Judges invariably produces. Precedents of Indictments. London: 10, Wellington-street, Strand, W.C. EVAN Just published, price 88. 6d., boards, Established for 21 years. The back parts and volumes may still be had. OFFICE: 10, Wellington-street, Strand, London. THE Law and the Lawyers. It cannot be too often repeated that the particular offence for which the criminal is tried supplies no measure of his punishment. A professional thief is estimated to commit fifty robberies before he is caught, and the capture and trial may be for stealing a pocket handkerchief only. Yet would no sensible Judge award to him the same measure of punishment as to a Mantempted youth whose first offence it was. slaughter varies from being next in degree to murder to being no moral offence at all; and no Judge would give the same punishment in all cases merely because the crime is called by the same name. There are degrees of violence; and the motive for an assault should govern the THE LORD CHIEF BARON has mended, in the penalty-as where the object was to punish a libeller or to inflict vengeance on a witness. The only way possible, the effects of his appointment of Judges' sons to revising barrister-life to be produced to the jury, lest it should inlaw does not permit the history of a criminal's ships on the Home Circuit by appointing Mr. FRANCIS and Mr. PHILIPS, together with Mr. WILLIAMS, son of an ex-judge, additional 311 revising barristers. We understand that these 312 gentlemen will derive no benefit from the ap312 pointment, unless called in to do some of the 312 work. At present it is doubted whether this 313 will be necessary. 989 ELECTION PETITIONS. Bribery-Agency-Mixed question of law and fact THE funeral of Lord Justice SELWYN was marked 315 by unusual demonstrations of respect and esteem at Richmond, where he had resided for many years. The inhabitants closed their shops, and the church bells tolled throughout the afternoon. Some of the county magistrates and leading residents accompanied the hearse for some distance from the town. He was buried in the Nunhead Cemetery. His death was the result of exhaustion, produced by an operation for stone, performed about a month previously. For some time he appeared to be fast advancing to complete recovery, but suddenly the disease 318 took an unfavourable turn, and he sunk rapidly. 317 317 318 318 319 319 THE first use of the new law of evidence, which 319 admits as witnesses the parties in cases of 319 adultery and breach of promise of marriage, has been made at York. A young lady, who sought to heal the wounds of her heart by a plaister of bank notes, was examined as a witness, and told 320 her story with "convincing modesty," as the sentimental reporters have it, and, of course, obtained substantial consolation accordingly. One objection to the new law was, and is, that pretty plaintiffs will wheedle tender hearted juries; 320 321 322 Oh, too convincing, dangerously dear, Advertisements specially ordered for the first page are charged one-fourth more than the above scale. ence their judgment in the particular charge before them; but it is properly made known to the Judge, who would deal with him more severely than with one who has offended for the first But all these elements in the decision of time. the Judge are not known to his newspaper critics, who are consequently wholly incompetent to pronounce any judgment upon his sentences. We dare not hope that even the refutations to which we refer will put a stop to this practice of our contemporaries, at once so unjust and so unwise. COMING CHANGES. EVERY session gives new jurisdictions to the County Courts. In that just concluded, bankruptcy, which they had before possessed partially, has been wholly consigned to them. Their Admiralty jurisdiction has been very largely extended. The first report of the Judicature Commission recommends changes, the practical effect of which will be still further to localise the administration of justice. Plainly the entire tendency of legislation is to this end; and doubtless, in ten years from the present time, we shall witness the substantial adoption in the country of the Continental scheme of departments, with convenient local centres, in which all the legal business, both contentious and administrative, will be despatched by local courts, partly by local and partly by ambulative Judges, and entirely by a local Bar. In the metropolis, in addition to its own local courts (and for this purpose it will be "a department "), there will be no other than the courts of appeal, or, as the commission recommends, one court of appeal sitting in divisions; which arrangement will be facilitated by the long-contemplated fusion of law and equity, so that any court in which a suit is commenced will be enabled to give complete redress, whatever the legal questions raised in its progress. Forewarned is forearmed. Preparation cannot be made too soon for inevitable changes that will dislocate the existing organisation of the Profession. To the provincial solicitors these changes will be almost pure gain, to the London solicitors only loss. If there be not a migration of the existing solicitors from London to the country it is certain that the next generation of solicitors will establish themselves in the country by pre ference. And greater still will be the effect upon the Bar. Local courts will require local Bars. It may be, that the central court of each department will be presided over by a Judge from London, and attended by a Bar fresh from the Temple; but there will be nothing in the nature of a circuit, by which the same Bar will be enabled to attend three or four departmental courts. So in the metropolis. The local courts will have their own Bars. The appeal courts will be attended by counsel, who will make it their exclusive business, and properly so, for their sole work will be argument, for which the lucid and logical mind will be in demand, and not the very different faculties required in an advocate. This ultimate organisation, to which we are certainly tending, and which, indeed, is even now in progress, should be kept steadily in view by young barristers, and they should prepare for it by resolving as soon as possible what course they will adopt should the exigency arrive. The men who earliest establish themselves in good local centres will secure the cream of the new business when it comes. If they determine to devote themselves to advocacy, let them educate accordingly. If they contemplate practice in the appeal courts, they cannot too soon enter upon the course of hard study which will be essential to success before a tribunal that will entertain questions of law in all its branches and in every form. THE NEW BANKRUPTCY ACT. THE main features of the new law are the abolition of the present Courts of Bankruptcy, the establishment of a new London Court of Bankruptcy, presided over by a Chief Judge, the transfer of the business of the district courts to the County Courts, and the abrogation of the powers of debtors to make themselves bankrupts. An important provision is also introduced which we take to ourselves the credit of having suggested, namely, the legalising of solicitors being appointed to the office of trustees in bankruptcy with liberty to contract for a certain sum by way of per centage or otherwise to discharge all the professional and other business necessary in the administration of estates. This wholesome change in the law will much reduce the costs of liquidation, and the creditors will be themselves alone to blame if they allow their debtor's estate to be mulcted of the enormous charges of the accountants. Deeds of assignment and composition are no longer necessary, but a resolution of creditors assenting to the debtor's proposed arrangement of his affairs, duly registered in the various courts, having jurisdiction, where the debtor resides or carries on business, is to be conclusive evidence of the debtor's release from his liabilities. This facility for arrangements with creditors, will not, how ever, be open to the abuses of the present system, for a debtor cannot, as now, under the threat of bankruptcy, force his creditors to accept any composition he may offer. A petition in bankruptcy will be the prerogative of the creditor and not of the debtor; and, therefore, a fair composition may always be insisted upon, or otherwise, the alternative of bankruptcy may be held in terrorem over the debtor. In bankruptcy the debtor will be bound to pay 10s. in the pound, unless his creditors by a resolution declare that the insolvency has arisen from unavoidable misfortune, and that they are desirous their debtor should be discharged. A wide net has been spread to take in all possible cases of fraud upon creditors, and the court of quarter sessions will have jurisdiction for the trial of such offences. On the whole, we think the result of the operation of the new law may be looked to hopefully as it is founded upon the right principle-the protection of the interests of creditors. ness of the sum which a prosecutor and his witnesses are allowed for attendance, &c. I was one of several professional gentlemen who gave evidence (not professional), in a case not long since, and was allowed 3s. 6d. per day for five days. I then made up my mind to avoid a repetition. been stealing several things, and if I were to let This morning I discovered a servant of mine had the police know, I should subject my wife and myself to the annoyance of being out three or four days, a drilling in the witness box, and get 3s. 6d. a day each for it, which would be adding loss to loss; therefore I have told the girl to be off about her business, and to steal no more. I have since learned that she has been guilty of this before she came to my service, but why she was not prosecuted was not told me; she was sent off as I have sent her off, and perhaps she will get the opportunity to do the like at three or four places before she will get one to prosecute, and even then it will be her first offence, and she will get off with two months; and the prosecutor will most likely come to the same determination as I have, if he has another of the sort, viz., start her off and give her good advice. Aug. 17. THE FIRST LOSS IS BEST. Health Department. limit the spread of infectious diseases? 1. Can Government beneficially interfere to 2. What Legislative measures might be proposed to deal with uncontrollable drunkenness? 3. Should the Contagious Diseases Act be extended to the civil population? Economy and Trade Department. 1. Is it desirable that State aid should be given to emigration, and, if so, in what form? 2. In what respects may the administration of the poor law be improved? 6. How may the condition of the agricultural labourer be improved? Voluntary papers on other subjects in connection with the departments will be taken. LAND LAW REFORM. As in the Irish Church question the fight was in fact for the English Church, so, in the agitation so vigorously commenced against the Land Laws in Ireland, the blow is really levelled against the Land Laws in England. Whatever changes are made in Ireland will certainly, and in no long time, be attempted here; and therefore a subject apparently remote has a direct and profound interest for the English lawyer and statesman. The Bill for the abolition of Primogeniture, which commanded a majority in the House of Commons last session, is but the beginning of the fray; or, rather, it was only a pilot balloon, sent up to see how the wind was setting. To promote this agitation a society has been formed avowedly to indoctrinate the public mind with certain peculiar views of land law reform maintained by its members. This association counts among its promoters Mr. FAWCETT, Mr. MILL, Mr. BRIGHT, and other advanced Liberals, whose avowed object is to bring about a division of land and a peasant proprietary. They start with the bold proposition that the land is the ommon property of all the people of a country; that individuals can have no right of ownership, but only a modified right to control to a limited extent its occupancy, and, in the form of rent, to take a limited share of the profits-even these rights being State-made, for the prevention of disputes, and which therefore the State may resume at any time if it should be deemed for the common good that it should do so, and, as a further consequence, that it may impose what conditions it pleases upon the enjoyment and exercise of those rights. Holding this doctrine, the association will begin by advocating its adoption in Ireland. They claim for the Irish tenant "fixity of tenure," which means that the landlord shall have no power to remove his tenant except for nonpayment of rent, and that the rent shall not be raised except at certain long intervals, and then only by independent valuation, and not by contract of the parties. Payment to an outgoing tenant for unexhausted improvements is put forward by some honest optimists and by many dishonest agitators as the demand of the Irish yeoman. If this were all, the question would have been settled long ago. All Governments and parties have repeatedly affirmed the justice of this demand, and by both parties measures have been submitted to Parliament having this for their object. They have not succeeded, because they had the secret hostility of the large party in Ireland who had used "compensation" for their cry, when they intended fixity of tenure; who had shouted for reform designing a revolution. These persons were, of course, dissatisfied that they had been taken at their word. They could not openly oppose a measure for which they had been shouting; but they offered a tacit resistance, sufficient to extinguish a scheme which enlisted no enthusiasın. The failure of both parties in turn was conspicuous. The Irish cared nothing for what they were willing to give, and they were not willing to give what the Irish wanted. And what is it they want? Under this plausible title of Land Law Reform, what are it may be known also if any practicable scheme they seeking? It is necessary to know, that lise the people. is likely to accomplish its design and tranquil There is, indeed, no doubt at all about it. Irish is aware that, among the tenantry, there is Every person conversant with Ireland and the a firm faith that the land is theirs of right; that it was obtained by the English conquerors by force; that the title by which it is held is a bad title, with the taint of robbery in its origin, which no time can erase, and for which there is no Statute of Limitations. Of the land thus wrested from the Irish people they believe that they may rightfully repossess themselves whenever the opportunity offers. They thirst for nationality and independence, as did the land sympathised with those people, they call Italians and Hungarians, and seeing how Engupon England to practise at home the doctrine she preached and applauded abroad. multitude of the Irish people, and especially with the peasantry; and in legislating for them it must be kept ever in view, or there will be unbounded disappointment. Concessions that fall short of this will be accepted only as new stand points for further demands; they will receive no gratitude, and they will not curb agitation. The great difficulty of the question is-that compromise is impossible. It is, indeed, probable that the more is given, if all is not given, the greater will be the discontent and wrath. This is the condition of mind with the great If Ireland only were affected by this question, there might be less difficulty in disposing of it. But it affects England quite as much, and must be considered with some reference to its results upon property in England. The newspapers talk glibly about legislating for Ireland according to Irish views-a maxim by-the-by, the very reverse of those formerly falling from the same lips--but such partial legislation is now-adays impracticable. The tendency is more and more to assimilation, and any new land law formally adopted in Ireland would soon be adopted also in England and in Scotland. If Irish tenants are to be indulged with "fixity of tenure," English tenants would not be content without the same boon. Confiscate the property of landowners on the other side of the Channel, and the same process could not be long resisted here. But then comes the question, What can be done? Things cannot remain as they are; that is clear. It is equally clear that no practicable reforms will satisfy the multitude of the discontented. But there are desirable improvements, which will content moderate men, and at least detach some of the best from the hostile camp. Besides, in a contest it is always desirable to have right on one's side, aud to satisfy justice, even though it may not content the discontented. It is to the consideration of what reforms in the land laws are both desirable and practicable, that we propose to invite the attention of the lawyers. THE NEW LAWS OF THE SESSION. (32 & 33 Vict. c 61.) was THIS is a short Act to protect the funds of This Act is to continue in force for one year only. XVII.-ABOLITION OF IMPRISONMENT FOR (32 & 33 Vict. c. 62.) This is a very important Act, the working of which will profoundly affect the trading community, whether for evil or for good remains for proof. It does not come into operation until the 1st Jan. 1870. It contains provisions for the better punishment of fraudulent debtors. The first part abolishes imprisonment for 2. Default in payment of any sum recoverable 4. Default by an attorney or solicitor in pay- court. But such jurisdiction is to be exercised only where it is proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same. The jurisdiction may be exercised by a Judge sitting in chambers. The court may order the debt to be paid by instalments, and from time to time vary such order. This section is to be deemed to be substituted for sects. 98 and 99 of the County Courts Act 1846. A person guilty of the following offences: 1. If on incurring any debt or liability he has obtained credit under false pretences, or by means of any other fraud. 2. If, with intent to defraud any creditor he has made any gift, delivery, transfer of, or charge upon, any property. 3. If, with the like intent, he has reserved any part of his property within two months before the date of any unsatisfied judgments or order for payment of money. Shall be guilty of a misdemeanor and subject to imprisonment for one year. Making any false claim or statement of account untrue in any material particular is to be a misdemeanor, subject to one year's imprisonment: (s. 14.) Imprisonment under this section is not to operate as a satisfaction or extinguishment of the A debtor arranging or compounding is to debt, or deprive the plaintiff of the right to take remain liable for the balance of any debts inout execution against the goods of the defendant.curred or increased, or for which he has obtained be discharged: (sect 5.) On payment of the debt the defendant is to actions where 50% and upwards is claimed, on Persons in custody for debt at the commence- Nothing in this Act is to affect the right or power of arrest under the Bankruptcy Act 1869. The second part is devoted to the punishment of fraudulent debtors. Sect. 11 enacts that any person adjudged bankrupt, or whose affairs are liquidated by arrangement under the Bankruptcy Act 1869, shall in the following cases be guilty of a misdemeanor, and liable to be imprisoned for two years with or without hard labour: 1. For not making a true discovery of his estate and effects. 2. For not delivering up all his real and personal property to the trustee. 3. For not delivering up to the trustee all books, documents, papers, and writings, relating to his property or affairs, unless the jury are satisfied he had no intent to defraud. 4. For concealing property to the value of 10%, or any debt due to or from him. 5. For fraudulently removing any part of his property of the value of 10%. 6. For making any material omission in any 7. Knowing that a false debt has been proved, 9. Concealing, destroying, mutilating, or falsi- or document. 12. Attempting to account for any part of his property by fictitious losses or expenses. 13. By false representation or other fraud within four months from the presentation of the petition obtaining any property on credit, and not paid for the same. 5. Default in payment for the benefit of cre- 14. Within four months next before the pre- But, subject to these provisions, any court may commit to prison for not longer than six weeks, or until payment of the sum due, any person making default in payment of a debt, or instalment of a debt, in pursuance of an order of court. But such power must be exercised only by a On a judgment in the County Court it is to has not paid for the same. 15. Within four months next before the presentation of the petition, if he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade, any property which he has obtained on credit, and has not paid for. 16. If guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors, or any of them, to any agreement with reference to his affairs, or his bankruptcy or liquidation. A bankrupt, within four months before the presentation of the petition, absconding from England and taking with him, or attempting to do so, property to the amount of 201. which ought to be divided among his creditors, is to be guilty of felony and punishable with two years' imprisonment. forbearance by any fraud, provided the defrauded creditor has not assented to the arrangement other than by proving his debt and accepting dividends: (s. 15.) opinion a bankrupt has been guilty of any of If the trustee reports to the court that in his these offences, the court may order a prosecution, the expenses of which are to be allowed, as are the expenses of other prosecutions: (ss. 16, 17.) Every misdemeanor is to be prosecuted under the Vexatious Indictments Act. It is to suffice for the indictment to set forth the substance of the offence charged. Quarter sessions are to have jurisdiction in respect of offences under this Act. Mayors becoming bankrupt or arranging with creditors are to be disqualified; so likewise are justices of the peace; and punishments are to be cumulative. Part III. makes some further provisions with respect to warrants of attorney, cognovits, and orders of judgment. Warrants of attorney and cognovits are to be executed in the presence of an attorney on behalf of the person; if not filed within twenty-one days they are to be void. So likewise with Judges' orders. Nothing in the Act is to affect the motion of foreign attachment of any competent court, or the proceedings in relation thereto. It is to be cited as "The Debtors' Act 1869." THE STATISTICS OF CIVIL JUSTICE. (From the Times.) THE statistics of civil justice for 1868 tell more favourably for the interests of society than those of criminal justice. The appeals to the House of Lords and Judicial Committee have increased. The pockets of suitors have doubtless suffered in proportion, but colonial law gains in consolidation and steadiness by occasional reference back to the fountain head of an English judicature, and the principles of law generally may profit from enunciation by the House of Lords. The increase of of very uncertain advantage. That the number ecclesiastical suits is intelligible enough, though of adjudications in the Court of Bankruptcy has also risen during the same period would be a fact simply to be deplored, were it not accompanied by the information that the amount of assets realised has grown in a still higher rate, being as much as 40 per cent. over the proportion in the preceding year. Still, when it is considered that even now a against 6489 in which there was none, the faint dividend has been announced in but 1714 cases as improvement manifested is not such as to induce regret for the downfall of a system which had become a mockery of law. On the other hand, the report states that 332 fewer suits were instituted in the Court of Chancery during 1868 than in 1867. It is to be feared that the diminution may have resulted rather from the want of means to blow bubbles for the court to burst than from at least, some compulsory inactivity of that triany mitigation of the litigious temperament. But, bunal can hardly be thought to aggravate the ills of the recent commercial depression. In the business of the Superior Courts of Common Law, however, a falling off is shown to have occurred during 1868, which constitutes a somewhat remarkable phenomenon. The number of writs of summons issued appears to have been 82,876-a sufficiently ponderous total, were it not that this is a decrease of over 44,000, 34 per cent., as compared with 1867. In litigation generally, the proportion of proceedings is so enormous in which there can be no serious question on which side the number is so far a public benefit. Even out of right is that any cause which diminishes their this diminished number of proceedings the records show that in 65 per cent. no step towards a defence was taken. It would be charitable, therefore, and might not be altogether unreasonable, to surmise that the difference between the number in this as No salary was at that time fixed for the clerk of compared with the previous year might be ac-assize on the Norfolk Circuit, who was an officer counted for by a very slight acceleration in the far advanced in years and of long standing, but mental process by which parties to a dispute he was permitted to retain the commuted allow discover at some stage or other that they have no ance which he had received for some years under case. The 34,000 plaints entered in the County the provisions of the Act of 1 Will. 4, c. 58, and Courts in excess of the number entered in 1867 during his continuance in office to employ a deputy may, however, have had more to do with the clerk of the Crown, acting also as clerk of arraigns, change. The County Court jurisdiction seems, with 3001. per annum, rising by 20l. to 4001.; a indeed, the judicial serpent destined to swallow clerk of indictments and an associate, with 2001. up all the rest. The mind can scarcely grasp per annum respectively, advancing by the same the idea of a list of processes amounting in a rate of increment to 3001.; and a circuit bailiff at single year to 975,373, and swelling continu- 1007. ally; but there is no need for the present to be These officers received the same subsistence alarmed at the apparent tendency of these courts allowance as on the other circuits. to monopolise litigation about trifling amounts. Their exposition of law may not be very scientific; but the statistics as to the proportion of real to unsubstantial defences set up before them show that theirs is a sort of business in which despatch is the main requisite. The report reveals that in more than 96 per cent. of the plaints judgment was given for the plaintiff. If it is remembered that but for this rough-and-ready procedure these myriads of plaintiff's must have had to choose between acquiescing in a wrong and engaging in the ruinous mazes of special pleading, the increasing resort to the County Courts, and the restriction of the work of the Superior Courts to questions involving large amounts or great principles, may be hailed as a sign of growing common sense in the community. CLERKS OF ASSIZE. REPORT" OF COMMITTEE APPOINTED BY THE TREASURY TO INQUIRE INTO DUTIES AND SALARY OF CLERK OF Assize. IN compliance with the directions contained in the Treasury minute of 25th May 1868, we have instituted an inquiry into the duties and salaries of clerks of assize and their officers, in order to ascertain whether such duties were of a nature requiring professional training, whether, having regard to the work to be performed, the existing salaries and allowances are not too high, and whether it might not be possible hereafter to abolish some of these offices and consolidate their duties. The clerks of assize have both civil and criminal duties to perform on circuit. In their civil capacity they act as associates in the Nisi Prius Court, and they discharge the functions of clerks of the Crown in the criminal court. Prior to the year 1856 the clerks of assize were entirely remunerated by fees, out of which they paid the stipends of such assistant officers as they found it necessary to employ, and all the expenses of their offices. The Nisi Prius Officers' Act, however, which was passed in 1852, empowered the Treasury, with the assent of the three chief judges, to fix salaries to be received by clerks of assize in lieu of all fees and emoluments taken by them for their duties as associates, and on each vacancy in any office to revise the salary so fixed, and the Criminal Justice Act, which passed in 1855, abolished all fees payable to clerks of assize for the performance of their duties as clerks of the Crown, and extended the provisions of the Act of 1852 to the payment of these officers by salaries for their duties in the criminal courts, and for all other duties appertaining to the office. The last-named Act also empowered the Treasury to fix the salary to be allowed to any subordinate officer employed by a clerk of assize. Acting upon the powers thus conferred, the Lords of the Treasury, by two minutes, dated in 1856, prescribed, with the sanction of the three chief judges, the remuneration to be thenceforth received by the clerks of assize and their subordinate officers. These minutes proceeded upon the principle that the Western, Oxford, Home, Midland, and Northern Circuits might be placed in the same category as regarded their importance, and that the Norfolk held an intermediate position between the five circuits above mentioned and the two Welsh circuits. It was at first proposed that the clerks of assize on the five principal circuits should receive salaries of 800l. a year, but eventually the remuneration was fixed at 10007. a year to cover all expenses incidental to the office, except travelling and subsistence on circuit, for which a sum of 21. 2s. per night was sanctioned. The subordinate officers for these five circuits were respectively designated, clerk of indictments, clerk of arraigns, associate, circuit bailiff; and for the three first of such officers salaries were fixed of 2007. per annum, rising by 20l. annually to 400., with 17. 10s. per night when absent on circuit; for the bailiff, a salary of 1001. with 10s. a night on circuit. Permission was also given to the clerk of assize to select one of the three officers first named to act as his deputy, and to the person so selected an additional salary of 100l. per annum was assigned. For the clerks of assize on the North Wales and South Wales Circuits salaries of 5001. per annum each were settled, with a travelling and subsistence allowance of 21. 2s. per night; and they were allowed the services of a principal assistant officer, with 300l. a year, and a second officer with 150%., the latter salaries covering the expense of locomotion and subsistence. As the fees received by the clerks of assize in civil causes were not abolished by the Nisi Prius Act, they continued to receive these fees, and to account for them, pro tanto of their salaries, until the passing of 28 Vict. c. 45, since which period these fees, in common with all the fees of the Superior Courts, have been collected in stamps. The only material alteration which has since taken place in the amounts above stated has reference to the Norfolk and Midland Circuits. The death of the late Mr. Edgell, in 1863, rendered it necessary to fix a salary for the clerk of assize on the Norfolk Circuit, and the Act of 26 & 27 Vict. c. 122, which was passed at about the same period, gave power to Her Majesty in Council to alter the circuits, by withdrawing counties from any one circuit, and annexing them to another; and it empowered the Board of Treasury, with the sanc tion of the chief judges, to make such changes in the amount of the salaries of the clerks of assize as might appear to be required in consequence of the alteration of their circuits. Accordingly the Northern Circuit was altered by the withdrawal from it of the county of York, which was annexed to the Midland, while the counties of Leicester, Rutland, and Northampton were detached from the Midland and added to the Norfolk Circuit. The Treasury did not see fit at that time to make any alteration in the emoluments of the clerk of assize on the Northern Circuit, who has held that office for a very considerable period, and who, under an arrangement made in 1851 by the then Board of Treasury, is in receipt, in addition to his salary, of an annual allowance of 10501, for special services in connection with the taxation of costs on his circuit, by which he has been the means of saving a large amount to the public. Having waited, however, for two years to test the effects of the change, the Lords of the Treasury, by a minute in 1866, sanctioned an addition of 1001. per annum to the salary of the present clerk of assize on the Midland Circuit, in consideration of the increased trouble and expense which he had incurred by the annexation of Yorkshire to his circuit. At the same time the salary of the clerk of assize on the Norfolk Circuit was fixed at 9001. per annum, and he was allowed, as on the other circuit, the services of three officers, acting in the same capacities, and receiving 2001. each, rising by 20l. a year to 3001. The only other modification which has been made in the arrange ment of 1856, consists in the concession of the two officers on each of the Welsh Circuits of the same rate of travelling and subsistence allowance as is enjoyed by the officers on the other circuits. In order to form an opinion of the nature of the duties transacted by the clerks of assize, we requested the attendance of some of them, and also of some of their officers at the Treasury, for the purpose of answering such queries as we might consider it desirable to put. We did not think it necessary to request the attendance of every clerk of assize, inasmuch as the duties to be discharged are so far similar that a recapitulation of them on one circuit would enable an opinion to be formed of the character of the business on all, due regard being had to the differing extent of the civil and criminal business on different cireuits. The following is a summary of the information with which we were furnished as to the duties discharged by clerks of assize and their subordinates previous to and during the several circuits: On being furnished by the gaolers of the several county and borough gaols in his circuit with returns of the prisoners for trial, the clerk of assize attends the judges who are going his circuit, submits the returns to them, and also such information as he can obtain as to the extent of civil business at the several assize towns, in order that the judges may fix the days for opening the commission in each place. The next step is, to give notice to the Crown Office of the days fixed, in order that the commissions may be drawn up, to prepare the assize precepts to be issued to the sheriffs commanding them to summon jurors, &c., to get them signed and sealed, and then to serve them. It may also be necessary to communicate with the sheriffs as to the number of special juries required. Before leaving for his circuit, the clerk of assize obtains and takes charge of the commissions, which he reads in open court at each assize town. On circuit he receives all the depositions in cases for trial; and from these, as well as from instructions which may be given to him, it is his duty to prepare all the indictments, except in some prose cutions undertaken by the Government, in which the indictments may be prepared by the solicitor of the department prosecuting. If subpoenas are required for witnesses who have not been bound over, or if any information is wanted by attorneys or others on points of practice, reference would be made to the clerk of assize. When the trials commence, the clerk of assize, or one of his officers, attends in the criminal court during the entire sitting, to call the jury, arraign the pri soners, take recognizances, record all the proceedings and judgments, and to draw up and issue the orders or sentences of court for penal servitude, &c. As each trial concludes, it is the duty of the clerk of assize to tax the costs of the prosecutor and witnesses, and now, under the recent statute, the costs also of the wirnesses for the defence, and to draw up the orders of court upon the treasurer of the jurisdiction for the costs allowed. At the termination of the business in the Crown Court, the clerk of assize, in communi. cation with the gaoler, is required to draw up the calendars containing the names and offences of the prisoners, their sentences, &c, to be signed by the judge, and a copy of which is required by law to be sent to the Home Office. It is likewise his duty to prepare all lists of forfeited recognizances and fines imposed for the judge's signature, to estreat the fines, &c., make out the estreat roll and writs to be served on the sheriffs, in order that they may levy the forfeitures, to serve them, and to send duplicates of the roll to the Treasury. Under the last Jury Act, it would also be the province of the clerk of assize to correspond with jurors who have been fined, require them to forward affidavits of the cause of their nonattendance, and submit the same to the judge for his directions. In the civil or Nisi Prius Court, the clerk of the assize is required to receive, examine, and enter all records for trial; to attend the court during the entire sittings, receive and cancel the stamps by which the fees are now paid, record all the proceedings, and to draw up all orders of re ference, certificates, and posteas, or judgments of the court, all matters of considerable legal technicality, and to deliver the latter to the parties interested, when called upon to do so. He has also to enforce the fines which may be imposed on jurors for non-attendance. It is a part of his duty to see that all documents tendered in evidence, and liable to stamp duty, are duly stamped. He may also be called upon to sit as arbitrator, if required. In addition to his duties on circuit, it is necessary that the clerk of assize should have an office, generally in London, at which all the records of the circuit are kept, and he is required, on application at any time, to deliver the posteas, to draw up and sign certificates of conviction (under a heavy penalty if incorrect), and to furnish copies of depositions and other proceedings, if required. He may be called upon to make returns to all writs of certiorari from the Queen's Bench, and to make up all records in cases of error, and in addi tion to the criminal returns of each assize, the clerk of assize has to send to the Home Office an annual return of all civil business transacted on circuit. From what has been before stated, it will be ap parent that the whole of the administrative busi ness of the criminal and Nisi Prius courts on circuit is vested in the clerk of assize. He is responsible for putting the entire machinery in motion, and for its correct working at every stage. He may personally perform any part of the duties of his office which he sees fit to undertake, and either attend as associate in the civil court, sit as clerk of arraigns in the Crown court, or devote his time to the taxation of costs. The duties of his officers are primarily those designated by their names; thus the preparation of the indictments devolves on the clerk of indictments, and the clerk of arraigns and associate attend respectively in the criminal and civil courts to conduct the business thereof. Practically, however, the labours of the officers are by no means confined to the duties strictly appertain ing to their offices. The time allotted to the business at each assize town is rarely more than is sufficient for its proper discharge, and occa sionally not sufficient, and the united exertions of the clerk of assize and his officers are required to enable them to keep pace with the cases as they are disposed of by the court. Directly the grand jury have found true bills on the indictments laid before them, the trials commence; and as each trial terminates it is highly desirable that the costs should be at once taxed, and the prosecutor and witnesses be paid their expenses, because each day that they are detained at the assize town adds to the cost of the trial, and to the charge upon the public funds, which ultimately bear the expenses of criminal prosecutions. We were assured, moreover, that this taxation requires some delicacy, and the exercise of a good deal of discretion, because, although the actual expenses are measured by a fixed scale, the charges for professional labour are necessarily dependent on the nature and circumstances of each case, and require to be carefully watched. It is also by no means uncommon to have two, and even more, courts sitting at the same time for the trial of criminal cases. So soon as the civil business, which on the majority of circuits is light in comparison with the criminal, has been brought to a conclusion, the Nisi Prius judge will proceed to try prisoners, in which case the associate may be called upon to act as clerk of arraigns in his court. It is also not unusual for one of the leading barristers named in the commission to assist the judge in the trial of criminal cases in another court, and for each court that may be opened the clerk of assize must provide an officer We were assured by all the gentlemen who attended before us, and we see no reason to doubt their testimony, that, during the continuance of the assizes, it is absolutely necessary for the clerk of the assize and all his officers to be in constant attendance to keep down the work, and prevent its getting into For these reasons we are of opinion that, although the circuits do not, on an average, occupy more than from three to four months every year, and although at other times the attendance of one officer at the office in London is sufficient to meet all requirements, it is not desirable to reduce the number of the officers subordinate to the clerk of assize, or to consolidate their offices. It might, indeed, be considered that, as the active demand on the time of these officers does not extend over arrear. more than a third of the year, it would be a preferable course for the clerk of the assize to engage such assistance as he might require for the actual duration of each circuit, rather than to keep up a staff for whom no sufficient employment can be found during the remaining two-thirds. Looking, however, to the high importance of having trained and practised men for the discharge of these duties, not only with a view to the interests of justice, but to the saving of public money in the quick taxation and settlement of costs, and as men so qualified could hardly be obtained on any other than a permanent footing, we are not disposed to recommend the adoption of any such provisional arrangement. (To be continued.) ESTATE AND INVESTMENT STOCK AND SHARE MARKETS. THE dulness of the season has been disturbed only by the failure of the Albert Insurance Company which had absorbed twenty-two other offices, and has issued policies to the enormous amount of seven millions. The following are the fluctuations of the week: ENGLISH FUNDS. Monday, Aug. 16. By Messrs. FAREBROTHER, CLARK, and Co., at the Mart. Copyhold residence, No. 4, The Terrace, Fore-street, Upper Edmonton, let at 30 per annum-sold for 2751. Terrace, Fore-street, Upper Edmonton, producing 851. per Copyhold residence, No. 14, The Terrace, Fore-street, Upper Tuesday, Aug. 17. By Messrs. FAREBROTHER, CLARK, and Co., at the Mart. Freehold, two cottages, Nos. 1 and 2, Paradise-place, Cambridge-road-sold for 3502. London and South-Western.-A dividend at the Freehold, four cottages, Nos. 4 to 7, Paradise-place-sold for Portsmouth, Portsea, Gosport, and South Hants Banking. Mr. John Ball, the official liquidator, announces the payment of a sixth dividend to the creditors of that company, at the rate of 1s. 6d. in the pound, making, with previous dividends, 19s. in the pound. ASSURANCE COMPANIES. Hercules Insurance (Limited).—A call of 21. per share has been made upon the contributories. Liverpool and London and Globe.-A payment of 10 per cent. on account of the current year's dividend. MISCELLANEOUS COMPANIES. Blakely Ordnance (Limited).-A first dividend at the rate of 2s. 6d. in the pound is announced to the creditors by Messrs. Price, Holyland, and Waterhouse. British Colonial Steamship.-It has been resolved to wind-up the undertaking voluntarily; and Messrs. R. Gillespie and J. Temperley are the liquidators. The shareholders have received 261. 2s. per share, and a further 21. 10s. remains for distribution. Charing Cross Hotel.-A dividend at the rate of 10 per cent. per annum. By Messrs. DEBENHAM, TEWSON, and FARMER. Freehold premises, No. 1, St. John-street, West Smithfield, By Messrs. BEADEL. Freehold residential estate, known as Belle Vue, Sevenoaks, Kent, comprising a residence, with pleasure ground and stabling and land, containing 40a. Ir. 39p.-sold for 18,7007. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. INFRINGEMENT OF PATENT- EQUITY PRAC TICE ANSWERS-COSTS.-In a suit for infringement of a patent, the defendant, having put in a sufficient answer, filed a concise statement, with interrogatories, several of which went to show that the plaintiff's was not an original invention, and interrogated them as to specifications of other patents of earlier date than their alleged invention, and as to the minute details of such inventions, and of their own. The plaintiffs, after admitting the existence of the specifications referred to, alleged merely that they contained nothing whatever which was in anticipation of their own discoveries, and submitted that they were not bound to make any further answer. On the defendant excepting, Improved Industrial Dwellings.-A dividend at it was held, overruling the decision of James, the rate of 5 per cent. per annum. International Contract (Limited).-A first divi- V.C., that the plaintiffs must answer more fully dend at the rate of 3s. in the pound is payable to as the creditors. County and General Gas Consumers (Limited).— Electric and International Telegraph.—A divi- Jamaica Commercial Agency (Limited).-Creditors are required to send particulars of their claims to Mr. James Hole, of Gresham-street, the official liquidator, by the 10th Dec., the 17th Dec. having been appointed by Vice-Chancellor James for adjudicating upon them. Liverpool Steam Tug.-Half-year's dividend, 38. per 10l. per share. London and Lisbon Corkwood.-A dividend at London General Omnibus.-A dividend at the Oil Seed Crushing.-A dividend at the rate of Bank of England Stock 244 246 244 245 245 245 8 per cent. per annum. 3 Cent. Cons. Aan.. 923 92 92 923 93 Do. 3 do. Jan. 1894.) New 3 Cent. Ann. 5 Cent. Annuities 5 Cents. P Jan. 1873 Ann. 30 years exp. April 5, 1885 Do. exp. Jan. 5, 1880 Do. exp. July 1880 Red Sea Tele. Ann. 1908 Consols, for Acc.... ུ3:::: ཡཱ;:::བྲྀ:: :::::ལྦ་ཤྲྰིབྷ:::: :::: ལྦ ཤྲྰི 927 Telegraph to India.-A dividend at the rate of Creditors 93 must send particulars of claims to Mr. Frederick :: Do. 5 Cents. July 1880 112 111 112 1114 112 112 India Stock, July 1880. India 5 Cent. 1870 India Stock, 4 Cent. 1888 India Bonds (10007.) Ex. Bills, 10001. Do. Do. 5001. 1001. and 2001. 3 c. 210 210 101 101 101 MINING COMPANIES. New Westminster Mining (Limited).-Mr. F. B. REPORTS OF SALES. Friday, Aug. 13. By Messrs. NORTON, TRIST, WATNEY, and Co., at the Mart. Freehold residential estate in the parishes of East Hoathley acres-sold for 26,1007. to all matters of fact, and that the details referred to in the interrogatories were not the less matters of fact because the defendant had alluded to the specifications or other written documents, setting them forth. Nor were they relieved from the necesity of answering fully. because the discovery sought related exclusively to the plaintiff's case against the defendant in this suit, for in such a suit it is the very case of the defendant that the patent which is sought to The case of a be protected is itself invalid. defendant who has filed a concise statement with interrogatories as to the answer thereto, distinguished from the case of an answer by the defendant to the plaintiff's bill. But it was held, agreeing with his Honour, that the defendant was not entitled to call on the plaintiffs to state particulars as to the alleged legal proceedings in foreign countries with respect to their patent, nor to have set forth in full in the answer a correspondence which had passed be tween themselves and the inventor under whom the defendant claimed. And the original bill having fully stated the infringements of which the plaintiffs complained, it was held, that the adoption by the answer of those statements was a sufficient answer to an interrogatory calling for full and descriptive particulars of such alleged infringements. An exception bad in part is not, therefore, bad in the whole: (Hoffman v. Postill, 20 L. T. Rep. N. S. 893. Ch.) PLAINTIFFS' DOCUMENTS-PRODUCTION OFSOLICITOR AND CLIENT-CORRESPONDENCE PRIVILEGE.-The plaintiffs claimed to be transferees of a mortgage from the defendants, who were originally the mortgagees. The defendants by their answer denied the transfer, or its validity, and required the usual affidavit of documents from the plaintiffs. The plaintiffs admitted documents, but claimed to withhold them, on the ground as to some that they related to their own title exclusively, and not to that of the |