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Stark, Geor Baull, Quay aras-on-Semistings.
citechapel, Baros st
Crocker, Alfred, Sherborne, Dorset, Grocer. May 7 at 11.30 offices ta Radclyffe, William, High st, Camden Town, Jeweller. May 6 at 11 of Davies, Newland. Sherborne
at Law Institution, Chancery lane. Dennis, St John's grove, Curdling, Alexander Foster, Stowmarket, Suffolk, Draper. May 13 Croydon at 11 at the Fox Hotel, Stowmarket. Gudgeon, Stowmarket
Ralphs, Thomas, Market Drayton, Salop, Coal Dealer. May 13 at 3 Davis, Joseph, Lambeth walk, Chir a Dealer. May 6 at 3 at offices at Royal Hotəl, Nantwich rd, Crewe. Hawthorn, Market Dray. of Reynolds, Furnival's-inn
ton Dore, Peter, New Swindon, Wilts, Farmer. May 7 at 10 at offices of Riley, William, Leeds, Licensed Victualler. May 7 at 11 at offices of Boodle, Albion buildings, New Swindon
Dunn and French, East parade, Leeds Downing, Frederick, Worcester, Maltster, May 13 at 3 at offices of Roberts, Samuel, Stoke upon Trent, Beerhouse Keeper. May 6 at Forrest, Church st, Oldbury
11.30 at offices of Tennant and Co, Cheapstde, Hanley Elliott, George Henry Crosspool, York, Builder. May 9 at 2 at Robinson, Edward, Bristol, Lodging-house Keeper. May 9, at 2. offices of Taylor, Norfolk row, Sheffield
at offices of Tricks and Ćo, City Chambers, Nicholas st, Bristol. Errington, George, and Louis Joseph Errington, Mansford st, Cor Osborne and Co, Bristol set Manufacturers. May 11 at 2 at offices of Tatham and Co, Robinson, Henry, Great James st, Bedford row, Builder. May 12, Queen Victoria st
at 3, at offices of J. Ronald Shearer, Basinghall st. Bagot Evans, John, Rev, Llanwrst, Denbigh. May 9 at 2 at the Grosvenor Harte, Moorgate st Hotel, Chester. James, Llanrwst
Royston, Mary, Hoyland Nether, York, Innkeeper. May 10, at 11, Evans, Morgan, Gilfach Goch, Glamorgan, Grocer. May 10 at 3 at at offiees of Parker and Hickmott, Regent st, Barnsley Queen's Hotel, Cardiff. Morgan, Pontypridd
Savage, James, Bennington, nr Stevenago, Hertford, Bakør. Fletcher, Charles Robert, Nottingham, Boot Factor. May 11 at 3 1 May 11, at 4.30, at Dimsdale Arms, Fore st, Hertford, Cooper, at offices of Hincks, Bowling Green st, Leicester
Lincoln's inn fields Foulds, Thomas, Kegworth, Leicester, Haberdasher. May 10 at 12 Shaw, William, Swinton, York, Innkeeper. May 9, at 12, at offices at offices of Clifford, Churchgate, Loughborough
of Gray, Eastgate, Barnsley Goldsmith, James, Crowborough. Rotherfield, Sussex, Builder. Sheldon, James George, Brighton, Builder. May 12, at 3, at offices May 5 at 4 at Church rd, Tunbridge. Stone and Simpson
of John Vernon and Co, Moorgate st Goodhew, Walter, Faversham, Kent, Chimney Sweeper. May 13 at Skeavington, Robert, Cotmanhay, Derby, Farmer. May 9 at 11 at 11 at offices of Gibson, High st, Sittingbourne
offices of Stevenson, 11, Week-day Cross, Nottingham Gray. Elijah James, Hollingworth Lake, nr Rochdale, Refreshment Smith, John, Market Rasen, Lincoln, Corn Dealer, May 9 at 11 at
Room Keeper. May 6 at 3 at offices of Molesworth, Central chms offices of page and Padley, Mill st, Market Rasen
Soulsby, Edward, Waterloo, Northumberland, Baker. May 10 at 2
Stark, George, Truro, Cornwall, Travelling Draper. May 5 at 11 at Greenwood, Joseph, Kingston upon Hull, Horehound Beer Manu. offices of Paull, Quay st, Truro
facturer. May 9 at 11 at George Hotel, Whitefriar gate, Hull. Steel, William, St Leonards-on-Sea, Builder. May 3 at 12 at offices Spurr, Hull
of Phillips, 60, Cambridge rd, Hastings Grime. Thomas, Flint. Boot and Shoe Manufacturer, May 10 at 2 Swears, William Arthur, Chicksand-st, Whitechapel, Blind Man.
at Midland Hotel, New st, Birmingham. Sargent and Son, Bir facturer. May 11 at 3 at 58, Chancery lane. Smith, Savoy st mingham
Taplin, Walter William, Lincoln, Boot and Shoe Manufacturer, Hancock, Frederick Richard, Exmouth, Devon, Hairdresser. May 9 May 10, at 11, at offices of Page the Younger, Flasengate, Lincoln at 11 at offices of Mr. Richard Southcot, Post Office st, Bedford | Thomas, James, Aberavon, Glamorgan, Boot and Shoe Manucircus, Exeter
facturer. May 16, at 3, at office of Tennant and Jones, Aberavon Hidden, George, Hungerford, Berks, Music Seller. May 9 at 12.30 Thompson, William, Ettingshall, Sedgley, Maltster. May 9, at 3, at Three Swan Hotel, Hungerford, Lucas, Newbury
at offices of Whitehouse, Queen st, Wolverhampton Hill, Alexander Charles, Lancaster, a captain in her Majesty's Thornes, John, Cottingham, York, Saw Miller. May 6, at ll, at Návy. May 9 at 3 at offices of Forrester Addie, Albert street, George Hotel, Whitefriargate, Hull. Spurr, Hull Fleetwood
Tibbett, Thomas Adams, Rowley Regis, Stafford, Licensed Victnal. Hill. Hudson. New Brighton, Morley, York. Stone Mason. May 61 ler. May 10, at 2. at Offices of Addison, High st. Brierley hill
at 3 at Victoria Hotel, Great George st, Leeds. Watson, Leeds Turr, Gervas, Attercliff, York, out of business. May 9, at 12, at Hogben, Charles, Chatham, out of business. May 9 at 11 at offices Elephant Hotel, Doncaster. Parkin and Co, Epworth, near of Reynolds Norman, High st, Chatham
Rotherham Holland, James, Castle Northwich, Chester, Stone Merchant. May Wallwork, Thomas, Liverpool, Auctioneer. May 7 at 1 at 1, Lyceum
17 at 3 at offices of Cheshire and Son, Applemarket street, North chmbrs, Hanover st, Liverpool wich
Webb, Henry Arthur, and Richard Smith, Brierley Hill, Stafford, Hooke, Matthew, Peterborough, Northampton, Cabinet Maker. Ironmasters. May 6 at 11.30 at Great Western Hotel, Monmouth
May 10 at 12 at offices of Vergette and Buckle, Market st, Peter street, Birmingham. Homfray and Holberton, Brierley hill borough
Weight, Robert, Stroud, Gloucester, Grocer. May 11 at 12 at Swan Houghton, Samuel, Runcorn, Grocer. May 5 at 2 at offices of Hitchen, Hotel, Stroud. Smith and Stafford, Stroud Bank chambers, Runcorn
Westmoreland, Charles, Market Rasen, Lincoln, Miller. Ma Humphreys, James Rone, Lamborne, Berks, Trainer. May 10 at 1 11 at offices of Chambers, King st, Market Rasen at offices of Sykes, Old Broad st
Whitford, Richard, jun, Worcester, Provision Merchant. April 23 Hurley, Morris, Nailton st, Caledonian rd, Cab Proprietor. May 16 (and not the 27th as erroneously printed in the Gazette of 15th at 3 at offices of Wenn, Newgate st
inst), at offices of Halford, Avenue House, the Cross, Worcester Johnson, Richard, Dudley, Worcester, Licensed Victualler. May 6 Williams, David, Furnace. Llanelly, Carmarthen, Builder, May 9 at at 12 at offices of Warmington, Castle st, Dudley
11 at offices of Howell, Stepney st, Llanelly Johnson, Samuel Welton, Yardley, Worcester, Hatter's Assistant. Williams, Henry Mansel, Pembroke, Draper. May 12 at 11 at offfices
May 9 at 3 at offices of Horton, Imperial chmbrs B, Colmore row, of Brown, Assembly Rooms, Pembroke
Wills, Edward, jun, Worcester, Fruiterer. May 6 at 11 at offices of
Wilton, Joseph, 'Cardiff, Licensed Vlctualler. May 9 at 3 at offices Joyce, Richard, Burton-on-Trent, Joiner. May 6 at 3 at offices of of Hudson and Co, Albert chmbrs, High st, Cardiff. Stephens, Bright, High st, Burton-on-Trent
Cardiff Joynes, Simeon, Leafield, Oxford, Grocer. May 11 at 11 at Crown Woodhouse, John, Banningham, Norfolk, Cattle Dealer. May 5 at Hotel, Chipping Norton. Wilkins, Chipping Norton
12 at offices of Daly, Guildhall chambers, Upper Market, NorLamb, James William, Lonsight, nr Manchestr, Builder. May 11 at wich
3 at offices of Rylance, Essex st, Manchester
Anti-Dyspeptic Cocoa or Chocolate Powder. May 10 at 2 at offices of Nicholls and Leatherdale, Old Jewry Guaranteed Pare Soluble Cocoa of the Finest Quality, with the chbrs. Nicholls, Gresham st
excess of fat extracted. Lewis, Giles, Upper Kennington lane, Cattle Medicine Vendor May 4
The Faculty pronounce it "the most nutritions, perfectly digestible at 3 at offices of Sheppard, Upper Kennington lane
beverage for Breakfast, Luncheon, or Supper, and invaluable for Meech, Frederick, Weymouth, Dorset, Seedsman. May 12 at 11.45
Invalids and Children." at offices of Howard, East st, Melcombe Regis
Highly commended by the entire Medica Press. Mcseley, Edwin John, Boylestone, Derby, Farmer. May 5 at 12.30 at offices of Robotham, St Alkmund's chcbyd, Derby
Boing without sugar, spice, or other admixture, it suits all patate, Moseley, John, Boylestone, Derby, Farmer. May 5 at 12 at offices of
Keeps better in all climates, and is four times the strength of cocoas Robotham, St Alkmund's chchyd, Derby
TRICKENED yet WBAKENED with starch, &c., and IN REALITY CHEAPER Mulligan, Thomas, Batley, York, Grocer. May 9 at 2.30 at offices
than such Mixtures. of Booth and Sons, Hanover street, Batley. Watts and Son,
Made instantaneously with boiling water, & teaspoonful to a Break. Batley
fast Cup, coating less than a halfpenny. Norton, John Postle, Enfield, Grocer. May 6 at 3 at offices of Pedley
COCOATINA A LA VANILLE is the most delicate, digestible, cheapest and Bartlett, Bush lane, Cannon st
IMDIA Chocolate, and may be taken when richer chocolate is proOwen, John, Bodaled, Fourcrosses, Merioneth, Dairyman. May 5 at
hibited. 1 at Commercial Hotel, Portmadoc. Jones and Jones, Portmadoc
In tin packets at ls, bd., 38., 5s. 6d., &c., by Chemists and Grocers, Pardon, George, Scarborough, Fisherman. May 9 at 2 at offices of
Charities on Special Terms by the Sole Proprietors, Kick, Newborough st, Scarborough
H. SCHWEITZER & CO., 10, Adam-street, London, W.C. Parsons, Mary Jane, and Fanny Parsons, Dawlish, Dorset, Grocers. May 9 at 3 at offices of Brennand, Blandford
DAMPTON & SONS make NO CHARGE for Philip, Richard, and Miles Hall, Morley, York, Cloth Manufac.
inserting particulars in their FREE MONTHLY REGISTER turers. May 6 at 12 at offices of Hewson, Albion st, Leeds. Mal. of ESTATES. TOWN and COUNTRY HOUSES. Furnished or
colm Polley, Frederick John, Ipswich, General Grocer. May 18 at 11 at
Unfurnished, or for Sale, to be had GRATIS at their Offices, or offices of Pollard, St Lawrence st, Inswich
post-free for two stamps. Published on the lst of the month, a
particulars for insertion should be sent not later than Eve way Powell, George Benjamin, Nottingham, Surgeon. May 13 at 3 at
previous to end of preceding month. offices of Whittingham, Midille pavement, Nottingham Price. Eliza Ann, Stockwell rd, Stockwell, Grocer, May 11 at 2 at
Valuations for Probate and Transfer. Surveys. Guildhall Tavern, Gresham st. Collins
Estate and Auction Offices, 8, Pall Mall East, S.W.
LONDON, MAY 7, 1881.
three weeks are likely to elapse before it is presented to the Lord Chancellor.
THE HOUSE OF LORDS recommenced its sittings (which CURRENT TOPICS .............................................. 501 | last for bar
| last for barely a month), on Thursday last with a list of OUGHT PLEADINGS TO BE ABOLISHED ?..
503 fourteen appeals, which are equally divided between ACTIONS FOR DECKIT......
504 England and Scotland. The only appeal standing for DISCLAIMER OF LEASES UNDER TIE BANKRUPTCY BILL ........ 505 judgment is Commissioners of Works and Public Build. REVIEWS .............................. .......... ........ 505 ing: v. Angus, the voluminous opinions of the judges in CORRESPONDENCE .....
which are still under the consideration of the law CASES OF THE WEEK
lords. Nobel's Explosives Company v. Jones ....................... Walter v. Howe.............................................. 507 Ellis v. Robbins ....... ............ .. ... .... 507 THE CONTEST for the coronership of Central Middlesex Re The Great Australian Mimng Company ........
will be watched with great interest on account of the Pillgrem v. Pillgrem ........................ .............. 507
principle involved. A thoroughly competent and ex. Taylor v. Pede .........
perienced lawyer candidate is in the field, and the quesRidgway v. Ridgway...........
tion of whether coroners should be chosen from the legal CASES BEFORE THE BANKRUPTCY REGISTRARS:Re Bear & Bear ................................
or the medical profession is, therefore, raised in its
............ 508 Ex parte Cape, Re Bridge......... 0................................... 509
proper form. We should hardly be disposed to go so
509 SOLICITORS' CASES ........................................... 510
far as the resolution passed at the meeting held at the SOCIETIES.................................................... 510 | Law Institution on Monday, and affirm that the office of LAW STUDENTS' JOURXAL......... ........................ 511 coroner ought, under all conceivable circumstances, to LEGAL APPOINTMENTS .................... ............. 512 | be held by a lawyer; it is enough to say that, cæteris COMPANIES .................... ............................ 512 paribus, a lawyer ought always to have the preference. OBITUARY.................................................... 512
Put in this way, the case for the legal profession appears CREDITORS' CLAIMS............................................ 513
to be unassailable. Let us take it from the medical LEGISLATION OF THE WEEK ..............
standpoint, and admit, for the moment, that the CorrT PAPERS ........
............................. 5 LONDON GAZETTES, &C., &C..........
object of & coroner's inquest is only to ascertain the cause of death, and that the evidence on
which the jury have to proceed is mainly medical CASES REPORTED IN THE WEEKLY REPORTER. evidence.. Does it follow that such evidence must Alderson v. Maddison (A
556 be unintelligible to anyone but a doctor? How Cooper v. Ibberson (Q.B. Div.) .....
then do lawyer judges in criminal cases, dependDahl v. Nelson (H.L.)........
........ .... 5 Dowse, In re. Dowse v. Glass (Ch.Div. V.C.H.).
ing mainly on medical evidence, contrive to under. Dyson, Appellant; The London and North-Western Railway stand the evidence of doctors and to lay it before Company, Respondents (Q.B.Div.).
560 Greenway v. Atkinson (AP
If lawyer judges, possessed of no special Mackay y. Dick (H.L.)
541 scientific knowledge, make a jury understand the purMitchell y. Homfray (App.
port of doctors' testimony (and no one can preNational Provincial Bank of England v. Harle (Q.B.Div.). Pike v. Fitzgibbon. Martin v. Fitzgibbon (App.)..........
tend that they do not), how can it be alleged that bePillers, Ex parte. In re Curtoys (Bkcy.)
cause a coroner possesses no special scientific knowledge Queen, The, v. The Justices of Shropshire (Q.B. Div.)......
he will therefore be unable to comprehend or explain the Rayner v. Preston (App.).. Salt v. Cooper (App.).....
....... ....... 553 medical evidenca ? If he is a man of general intelligence Smalley v. Hardinge (App.).
............... ..... 564 and ready apprehension, will he not be likely to put it be. Vickers v. Stevens (Ch.Div. V.C.B.) .....
fore the jury in a far more intelligible form than a medical coroner accustomed to talk only in medical jargon ? But it cannot be admitted that the object of coroners' inquests is only to ascertain the cause of death. The
inquisition of the coroner finding a man guilty of murder MR. JUSTICE Kay will resume his sittings on a day
operates as an indictment; hence the inquiry is necesnext week of which notice will be previously given.
sarily into the guilt or innocence of the suspected person, and is therefore on the same footing as other prelimi
nary criminal inquiries. Will anyone say that in the Mr. JUSTICE Mathew, and Mr. E. J. BEVIR, Q.C.,
case of an ordinary criminal inquiry scientific knowledge have been elected benchers of Lincoln's-inn.
is more essential to the judge or magistrate than knowledge of the rules of evidence and skill in the practical
conduct of a legal inquiry ? NEXT WEDNESDAY, the Master of the Rolls will not sit with the Court of Appeai as usual, but will sit in his own court until one o'clock.
THE FORMAL NOTIFICATION to the Speaker by the Lord Lieutenant of Ireland of the arrest of Mr. Dillon was
rendered necessary by section 3, sub-section 3, of the WE PRINT elsewhere an order of transfer of fifty
Protection of Person and Property Act, which provides causes from the cause-book of the Master of the Rolls,
that “ if any member of either House of Parliament be to Mr. Justice Kay, for the purpose of trial or hearing arrested under this Act, the fact shall be immediately only.
communicated to the House of which he is a member, if
Parliament be sitting at the time.” Mr. O'CONNOR THE REPORT of the Committee on Legal Procedure appears to have raised a question of privilege, on the is not yet complete; and we believe that at least ground that Mr. DILLON was on his way to London to
perform his parliamentary duties at the time when he was or letters of administration may deduct from the value taken into custody; but it is clear that parliamentary of the estate, for the purpose of estimating the amount privilege has never been allowed to interfere with of duty payable, the debts due to persons resident in criminal justice, for, on the 20th of May, 1675, the the United Kingdom and the funeral expenses ; but House of Commons passed a resolution" that by the laws voluntary debts expressed to be payable on the death of and usages of Parliament, privilege of Parliament belongs the deceased, or payable under any instrument not to every member of the House of Commons in all cases delivered to the donee three months before the death, except treason, felony, and breach of the peace.” On the or debts in respect of which real estate is primarily 29th of November, 1763, a similar resolution was arrived liable, or a reimbursement may be claimed from real at in the case of WILKES, and in 1831 a Committee of estate or from any other estate or person, are not to be Privileges reported that since that time [i.e., 1763] “it deducted, and the funeral expenses to be deducted are has been considered as established generally that privi to include “only such expenses as are allowable as lege is not claimable for any indictable offence.” reasonable funeral expenses according to law." The In 1815 Lord COCHRANE, who was then a member of the | affidavit is to extend to the verification of the account House, and who had escaped from the King's Bench and schedule of debts and funeral expenses. Probates Prison, where he had been imprisoned on a conviction are in future to bear a certificate setting forth that the for conspiracy, was actually arrested in the House of affidavit has been delivered duly stamped, and stating Commons, although before the business of the House the amount of the gross value of the estate as shown by had commenced ; and a Committee of Privileges reported the account. that “the privileges of Parliament do not appear to have been violated." The provision for communicating to the House the arrest of one of its members has been gene
VOLUNTARY SETTLEMENTS of personalty in order to escape rally introduced in the Acts which have suspended the
duties will be considerably checked if clause 39 of the Habeas Corpus Act, but Sir ERSKINE MAy states that in
Bill passes into law. That clause provides that the cases not falling under such statutes the cause of arrest is usually stated to the House, as was done upon
personal property to be included in an account shall the arrest of Lord GEORGE GORDON in 1780, and that of
include any property which the deceased, having been
| absolutely entitled thereto, has voluntarily caused to be Mr. Smith O'BRIEN in 1848. In the present Act it will
transferred to himself and any other person jointly, be observed that nothing is said about stating the grounds
so that the beneficial interest therein passes by surof the arrest, although these will, of course, appear in the
vivorship on his death to such other person; also next monthly list of prisoners laid before Parliament
| property passing under any past or future voluntary under section 1, sub-section 4, of the Act.
settlement by deed or other instrument not taking effect as a will, whereby an interest for life, or any other
period determinable by reference to death, is reserved, THE CUSTOMS AND INLAND REVENUE BILL, recently in cither expressly or by implication, to the settlor; or troduced in the House of Commons, proposes to effect whereby the settlor reserves to himself the right, by the several important changes in the probate and legacy exercise of any power, to restore to himself, or to duties. It is provided, by clause 28, that after the 1st reclaim, the absolute interest in such property. But of June next the duties imposed by the Act of last year where an account comprises property passing under on probates and letters of administration shall cease to a voluntary settlement, and upon production of the be payable, and instead thereof there is to be paid on the settlement it appears that stamp duty has been paid affidavit by the person applying for probate or letters of thereon, the amount of such duty is to be returned to the administration, stamp duty at the rate of $1 for every | person delivering the account. Property taken as & full sum of £50, and any further fractional part of £50, donatio mortis causa, or under a voluntary disposition where the estate is between £100 and £300, and at £1 58. / by the deceased, operating as an immediate gift inter for each similar sum where the estate is between £300 vivos, not bona fide made within three months before the and £1,000, and at £3 for every full sum of £100 and death, is also to be included in the account. The any further fractional part of $100 where the estate is beneficiary or trustee acquiring possession of any personal £1,000 and upwards. Comparing this scale with that in property thus required to be included in the account is, last year's Act, it will be seen that it is a good deal within six months after the death of the deceased, to higher. At present £2 is paid on $150: under the new deliver an account, verified by oath, of such property, Bill £3 will be payable; now £15 is payable on £750: duly stamped under the Act, on penalty of double duty. under the new Bill £18 158, will be payable; now $40 is payable on £1,900: under the new Bill £57 will be payable. Of course, however, the scale is much more simple than the scale in the Act of last year. Legacies below £20 are no longer to be exempt from duty (un.
L A meeting of the Incorporated Law Society, convened less, under section 13 of the Act of last year, the whole
or the requisition recently published in our columns, personal estate is less than £100); but, on the other
“ for the purpose of considering the present position of hand, clause 42 provides that legacy or succession duty,
legal procedure, the impending changes in our professior, if at the rate of one per cent. only, shall not be payable
and other incidental matters which to the meeting may where the duty imposed by the Bill shall have been
appear urgent and important," was fixed to be paid on the affidavit. As a correspondent pointed out
held yesterday (Friday) afternoon at the Law Institulast week, where the whole personal estate, without any
tion. deduction for debts or funeral expenses, does not exceed At a meeting of solicitors residing and practising £300 in value, probate or letters of administration may in the central Middlesex district, held on the 2nd of be obtained by delivering to the proper officer of Inland | May at the Law Institution, J. M. Clabon, Esq., Revenue a notice setting forth the particulars of the President of the Incorporated Law Society, in the chair, it estate, and such others as may be required, and depositing was unanimously resolved :-"That this meeting is of with him the sum of fifteen shillings for fees of court opinion that the office of coroner is one which ought to and expenses, and also, in case the estate exceed £100, be held by a lawyer, as being eminently of a judicial the further sum of thirty shillings for legacy and suc- character, and requiring the holders to be well acquainted cession duty. By clause 29 a very valuable reform is with the law of evidence and the mode of legal procedure, proposed to be effected. Instead of the application for and that this meeting approves of the candidature of Mr. a return of probate duty on the ground of debts, it is Thomas Henry Bolton for the office of Coroner of Central provided that, in the case of a person dying domiciled in Middlesex, and pledges itself to use all possible exertion. the United Kingdom, the person who applies for probate and influence to secure his return."
Now, it seems to us that the present system is objectionOUGHT PLEADINGS TO BE able because it does not sufficiently recognize the sub
stantial nature of the case. A great deal of waste is thus ABOLISHED ?
occasioned, both of time, labour, and money. Let us STATEMENTS are very generally current to the effect that
| take an illustration. An action is being brought on the new rules which may shortly be expected will, in pur.
a charter-party or a building contract. The provisions suance of the resolution of the · Procedure Committee,
of the contract are perfectly well known to both abolish pleadings except in cases where leave is given by
parties, or if there is no copy, it can be made the the court to plead on account of special circumstances
subject of inspection, yet because it is necessary to make rendering it desirable, in the particular case, that there
a statement of the case giving rise to a logical legal should be pleadings. We doubt whether the proposed
conclusion on the record, long extracts from the contract step is altogether desirable. There is at present a
have to be made that may be of no advantage to anygreat clamour to the effect that law is too expensive;
body. Why, for all practical purposes, would it not be that, especially in actions for small amounts, the costs
sufficient to say that the plaintiff, or defendant, as the bear so large a proportion to the amount at stake as to
case may be, will rely on such and such a clause of the make the game not worth the candle. It is alleged
wharter-party, or specification, of such a date, made that this, to a great extent, arises from a number of pre
between, &c. [describing it], and will say that the terms of liminary steps and interlocutory matters which are not
such clause bave not been cumplied with; or to inake some essential, and which seldom produce any real benefit
short general statement of that sort ? If further parproportionate to the costs incurred by reason of them.
ticulars are necessary, detailed particulars of a concrete sort There is therefore just nov a great feeling in favour of
can then be given ; but the present system frequently in. abolishing, as far as possible, these preliminary matters,
volves the setting out of long provisions of the contract, and proceeding as promptly and directly as possible to
and the denial, in identical terms, of the performance of trial. We feel a certain amount of melancholy scepti.
them, while very little is gained thereby. The ancient cism with regard to these perpetually-propounded
bugbear of a variance still troubles the dreams of a panaceas for the production of a sort of millennium of
P cheap law which sanguine reformers constantly herald There is one habit of judges which we believe to in the newspapers. Something, no doubt, may be be a fruitful source of long-windedness and expense. done, but we doubt whether such measures as these We do wish, as earnestly as that corporate entity the really hit the blot-assuming that the blot can be hit. “we” of journalism can wish anything, that any humble The truth is that there is a difficulty, not altogether remarks of ours could induce them to reconsider their artificially produced, but, to a large extent, inherent in ways in this respect. A judge makes up his mind--somethe nature of the thing, with regard to law costs. An | times in fact wrongly, but we will assume for our present action for a small amount may be as troublesome and purpose rightly-that a litigant's case is not meritorious, anxious a matter in its way as one involving a large ! and that all ti
and that all truth and justice are on the other side ; thereamount. If the costs are cut down too unsparingly, upon, on the principle that any stick does to beat a dog though the game may be more worth the candle to the with, he sets himself to refuse to the party whom he client, it may not be worth the candle to the higher considers unmeritorious all the facilities and opportuniclass of solicitor. The question how a solicitor's costs ties which, if his cause were meritorious, he ought to in litigation are to be regulated is one of great difficulty. receive as of course. The object is good, but we believe The apothecary's bill kind of system which at present this to be short-sighted policy and an unsound mode of prevails is a most miserable and unsatisfactory system,
procedure. The right to amendments and such like but it is difficult to suggest any wholly satisfactory | matters ought to be considered wholly irrespective of principle.
what one may call the ultimate merits of the cause. The But to return to the question of pleadings. We took
result of this habit of the judge of taking advantage occasion some time ago, when the new rules first came
of slips to further the justice of particular cases out, to discuss the new system of pleadings. We then
is responsible for a great deal of cumbrous com. pointed out that the old system of pleadings involved
plication. A pleader alleges & great many alternatives two separable ideas and objects. Perhaps the primary
and sets out a great deal verbatim to make himself safe purpose in logical and chronological order is the purpose
against the possibility of a judge's conceiving an of informing the court of the facts, and determining
unfavourable opinion of his case and construing his the issues upon which its judgment is requested.
allegations with anything but benevolent neutrality. Pleadings, as every student of the law knows, were at first
We are convinced that additional expense and other oral. At the same time as the court was informed of
mischiefs are, in the long run, occasioned by this, to our the facts and issues upon which its judgment was re
mind, bad judicial habit. Judges are, after all, men, and quested, of course the collateral purpose was served of
must be affected by the moral aspect of the particular informing the other party of the case which he had to
case they are trying, but it seems to us to be the duty meet. When pleadings became documentary, they
of a judge to consider the general as well as the particuformed the premisses upon which the judgment was
lar application of everything he does. founded as a conclusion, as well as also continuing to To return to our subject. It seems to us that serve the purpose of giving information to the other side. the substantial use of pleadings is by way of being The principle of an almost superstitious veneration for particulars,
particulars, and that in
most cases some short records and written instruments, of which our law affords and concise particulars of the case that will be set 80 many instances, is, we think, exemplified in the history up ought to be quite suficient, but we cannot help of pleading. The notion of the absolute necessity of thinking that these ought to be given by both sides. a written record of the allegations or statements upon The complicated series of allegations leading up to which the judgment was founded, as a conclusion on formal issues may be, on the whole, unnecessary premisses, undoubtedly largely entered into the view of and mischievous. We are disposed to think that in pleadings taken in former days. It seems to us, how. many cases it is so, but all that there is of advantage in ever, that the usefulness of pleadings for that purpose, it might be retained (and, as it seems to us, without its and for the purpose of determining the issues (if they ever demerits) by a less formal substitute more directly had any) has continuously dwindled, and, under the pointed to the substance of the thing. It hardly seems Judicature Act, has become reduced to the lowest possible to us to be desirable that the parties should go to trial ebb. The true function of pleadings now is that which without any definite information as to the case which was originally perhaps a secondary and incidental result the other side mean to set up, except so far as of them-viz., giving information previously to the the indorsement on the writ may inform the defendtrial to the other side as to the case which will be set up. I ant.
which affixes the stain of moral turpitude on the mind of ACTIONS FOR DECEIT. the party, but falling within the notion of legal fraud
such as is presumed in all cases within the Statute of It was decided by Pasley v. Freeman (2 Sm. L. C., 8th
Frauds. The fraud consists, not in the defendant saying ed., p. 66) that there must be fraud, by which was
that he believed the matter to be true, or that he had meant an intention to deceive, in order to support the reason so to believe it, but in asserting positively his action in tort for a misrepresentation of another's credit knowledge of that which he did not know.” It seems which has induced the plaintiff to act upon the defend that at the time when Lord Kenyon delivered this judg. ant's recommendation and receive damage. This was ment he was going a little beyond the common law as it further insisted upon in Haycraft v. Creasy (2 East,
existed. It is perhaps to be regretted that the Master 92). There the plaintiff had supplied goods on of the Rolls should have selected this passage for adopcredit to an impostor, a certain Miss Robertson, who tion, raising, as it does, the much-vexed question of had been ropresenting herself as having come into legal as opposed to moral fraud. Everybody will a fortune. Before delivering the goods, the plaintiff
recollect the vigorous attack made by Lord Justice had applied to the defendant to know whether it Bramwell in Weir v. Barnett (26 W. R. 746, s.c. sub would be safe to give credit to the lady, and had re. nom, Weir v. Bell, 3 L. R. Ex. D. 238) upon the expres. ceived an answer to the effect that the defendant knew sion “legal fraud." It was, he said, to him as if one Miss Robertson to be a lady of fortune, and one who were to talk of legal heat and legal cold, or legal light might safely be trusted to any amount. It appeared and legal shade. Like most very acrimonious contentions that the defendant had himself been deceived by Miss it turns out in reality to be a contest about a word. The Robertson, and had lent her £2,000 without security. expression “legal fraud" is one which undoubtedly is Miss Robertson had absconded without paying for the more or less an insult to ordinary language. But it has goods. At the trial, a verdict for the plaintiff for $475 become a useful technical phrase, and it is characteristic was given. On the argument on a rule for a new trial, it
of our legal phraseology to be unscientific. Oddly enough was held that the action would not lie, because the one need go no further than the same number of the foundation for such an action was fraud or deceit in the | WEEKLY REPORTER in which Leddell V. McDougal defendant, and damage to the plaintiff by means thereof, appears for an instance in point. In McCollin v. Gilpin and in this case the defendant's representation was bona (29 W. R. 408) we find Lord Justice Bramwell himself fide with a belief in the truth of it. Grose, Lawrence,
using the word “agreement" in one sentence both for and Le Blanc, JJ., concurred in this view of the case,
an agreement and the document wherein its terms are but Lord Kenyon was inclined to go beyond what had
expressed. been established by Pasley v. Freeman twelve years In saying that he adopted the words of Lord Kenyon before. His opinion has now received the approval the Master of the Rolls did not, it seems, mean that he of the Court of Appeal in the case of Leddell v. McDou followed Lord Kenyon's judgment as an authority. Lord gal (29 W. R. 403).
Kenyon happened to express what subsequently became "The Court of Chancery had applied a different rule the equitable principle, and what is now undoubtedly in cases of misrepresentation. It had not in early times the law. Leddell v. McDougal is an unusual case, made any use of this head of equity, but, as Lord Eldon though the principle upon which the Court of Chancery was fond of asserting, the equity had always existed and had acted in dealing with misrepresentation was well was not rendered novel by the fact that the circum established. In that case the plaintiff being about to let stances which called for its application had not previously a house and shop to one Thornton, of whom he knew arisen. In equity the defendant was liable for damage nothing, applied to the defendant, at Thornton's sugges. sustained by the plaintiff in consequence of the plaintiff tion, for information as to Thornton's position to meet having acted on a false statement made by the defendant the responsibility of a lease at a rent of $100 a year, and innocently with intent that it should be acted upon. asking if the defendant could recommend Thornton as a Suits in equity analogous to the action at law for deceit, safe and advisable tenant. The defendant wrote in therefore, became by no means uncommon, while the answer that he had “ much pleasure in replying affirma. action at law was brought less frequently. The equitable tively." The lease was granted; Thornton did not principle gave plaintiffs a better chance of success, as it succeed with his business, and left without paying any did not require an intention to deceive. There was less rent, taking his furniture and fixtures with him. The difficulty in pleading, and no trouble about the pre lessor then brought an action for deceit against sumption or proof of legal fraud. The cases in McDougal, and the Court of Appeal, reversing the equity dealing with misrepresentation became very decision of Vice-Chancellor Bacon, held that the plaincommon as soon as joint stock companies began to tiff ought to succeed. flourish. Most of those cases, however, are complicated Here was an excellent opportunity for a clear by questions of agency, which are beyond the present enunciation by the Court of Appeal of the law upon the purpose. The law as it now exists is clearly stated by question of misrepresentation in the nature of deceit, the learned editors of Smith's Leading Cases. “It is not Unfortunately, not only did the court decline to go into necessary that [the representation] should be false to the the cases upon the subject, but the judgments, though knowledge of the party making it; if it be untrue in fact, agreeing in the result, were not quite consistent. The and not believed to be true by the party making Master of the Rolls said it appeared that McDougal did it, or made recklessly without any knowledge not really know whether Thornton was a man of subon the subject, and for the purpose of in stance or what his means were. He had no particular ducing another person to act upon it, an action may knowledge of his means. Then the learued judge be maintained thereon by the person who has been adopted the language of Lord Kenyon which has already induced to act upon it." Even the case of Pasley vil been quoted ; and, summing up the matter, said that the Freeman was one which, in Lord Eldon's opinion (Evans defendant must be taken to have known that Thornton v. Bicknall, 6 Ves. 174), was more fit for a court of | was not in a responsible position to meet the responsiequity than a court of law; and it is clear that the bility of the undertaking. Lord Justice James, however, observation would apply still more forcibly to Haycraft thought that there would have been a good deal of force v. Creasy.
in the argument for the defendant if he had represented The passage from Lord Kenyon's judgment in that Thornton was in a good and responsible position, that case, which the Master of the Rolls adopted in without having had the precise lenowledge of his circumLeddell v. McDougal, was as follows:-“The case rested stances which, in fact, he had. Knowing as he did on this, that the defendant affirmed that to be true what the state of Thornton's affairs really was, it was within his own knowledge which he did not know to be impossible that he could have truthfully said that he true. This is fraudulent, not, perhaps, in that sense was in a good and responsible position. And Lord