176 Review: Neale's Feasts and Fasts.-Removal of the Courts. ment immediately preceding, by re-enacting, an interval of rather more than another century, the last-mentioned law. Eighteen years later, a further act limited that term yet more; fixthe justices assigned to take the assizes were ing the first return on the morrow of All Souls, constituted into a species of general commis- for the assigned reason that 'in the beginning sioners, to take cognizance of all offences com- of the term of St. Michael very little business mitted within any county, in the administration can be done on account of the several holidays of justice; while the abolition of the writ de observed by the high courts of record of our otio et atia, a few years subsequently, took away lord the king between the first day of the said the principal resource by which the trial of term and the sixth of November." criminals was liable to be withdrawn from their jurisdiction. From the then recently esThe last chapter, on the practice of the tablished keepers of the peace, though invested, courts in regard to the observance of soon after this period, with the right to hear holidays, affords appropriate materials for and determine, at the king's suit, all manner of extract, suited to these pages; but we felonies and trespasses done in the county (for have already exceeded our bounds in which they were appointed), according to the laying before our readers that which aplaws and customs thereof,' whence they acquired the more honourable title of justices, yet were peared more immediately interesting in confined to taking cognizances of smaller of- relation to the projected changes; and we fences; their commission providing, that if any must for the present take leave of our case of difficulty arose they should not proceed author by expressing our respect for the to judgment but in the presence of one of the accurate research, sound learning, and justices of the Court of Common Pleas, or the discriminating judgment which he has King's Bench, or one of the judges of assize." applied to his subject. The following alterations in Trinity and Michaelmas terms are next adverted to: REMOVAL OF THE COURTS FROM in the petition of the Incorporated Law SoTHE following are the statements contained ciety: "But although the ancient vacations were thus occupied by the circuits; the times for the sittings of the full courts remained unaltered, till, in the reign of Henry the Eighth, the three last return days were cut off from Trinity Term; and two new return days, the first on the morrow of Trinity Sunday, and the second on the three weeks after it, were substituted for committee of the house, appointed "to consider That by the evidence taken before the select them; the commencement of the full term being the expediency of erecting a building in the at the same time fixed on the Friday after neighbourhood of the inns of court, for the Corpus Christi, instead of Wednesday. A sittings of the courts of law and equity, in lieu century after this change, another act of parlia- of the present courts adjoining to Westminster ment cut off from Michaelmas Term the two, Hall, with a view to the more speedy, conor, according to the practice of the Exchequer, venient, and effectual administration of justice," the three first return days, fixing the first return it is proved, both by facts and by the opinions on the three weeks from St. Michael. After of the highest judicial officers and other persons of great eminence and experience in the a "32 Hen. 8, c. 21. The alleged causes of courts from the law offices and from the chamlaw, that the distance of the Westminster this change were, the great peril and danger bers of the barristers and solicitors, causes of infection of the plague, and sundry other much delay in the administration of justice, sicknesses, to the king's loving subjects, as and is thereby productive of great inconvewell nobles as others,' from the season of the nience to al classes of the profession, and of year in which this term has been used to be kept; and the let and impediment to a great great loss to the suitors of the courts. multitude of the king's poor subjects, for provision and gathering in of harvest, and other their necessary business and livings.' minster during the four terms, and in the That the Courts of Chancery sit at Westvacations in Lincoln's Inn, and that the former "A change for which the reason assigned sittings occupy about one-third of the judicial is, that Michaelmas Term doth begin so soon year. after the feast of St. Michael that it is generally little or no progress is made in the preparation That amongst other facts, it is shown that found to be very inconvenient to his majesty's of equity pleadings while the courts sit at subjects, both nobles and others, as well for the keeping of the quarter sessions next after the feast of St. Michael, and the keeping of their all the year for the sowing of land with winter leets, law days and court barons, which they corn, and for the disposing and setting in order can by no means attend, in regard of the neces- all their winter husbandry and business, and sity of their coming to the said term so speedily for the receiving and paying of rents; and in after the feast of St. Michael to appear upon many parts of the kingdom harvest is seldom juries, and to follow their causes and suits in or never inned till three weeks after the said the law; the same time being the chief time of feast.-16 Car. 1, c. 6." Removal of the Courts from Westminster. 177 poses to which they are appropriated; and the petitioners submit that such inadequacy may well be now supplied, when the erection of new courts and offices are imperatively called for, and cannot be dispensed with. That the Master of the Rolls and two of the Vice-Chancellors occupy only temporary courts at Westminster; that the Court of Common Pleas has no court in term for the trials at Nisi Prius; and that the Queen's Bench and the Exchequer have no adequate courts for the same purposes; it is shown that for want of better accommodation, consultations are frequently held in the robing-rooms and in the passages and avenues of the courts; that those passages are dark and intricate; that there are no rooms or places of waiting for jurymen, witnesses, and parties; that there is no library except a small one for the equity courts; no rooms of study for the bar; no rooms for the attorneys; nor any sufficient robing-rooms. Westminster, and that during the same period That the present courts at Westminster, and the proceedings upon references in the master's the rooms and offices attached to them, are offices, requiring the assistance of counsel, are admitted by all to be inadequate to the purtotally suspended through the inability of counsel to attend them; it is also shown that these causes of delay (which result solely from the distance of the Westminster courts from chambers) are removed when the judges adjourn their sittings to Lincoln's Inn; and it is shown in like manner that the chamber business of the common law barristers is much hindered by the remoteness of the courts, and that their attendance on the judges at chambers, and on references pending before the common law masters, and on consultations and conferences with attorneys and solicitors is rendered difficult and uncertain; and that whilst the dispatch of business thus urgently demands the attendance of counsel at or in the neighbourhood of the inns of court, the barristers are obliged to pass the greater part of their time at Westminster in comparative idleness, without the opportunity of employing their vacant intervals of time in any manner serviceable to the suitors or themselves ;-it is also shown that the attendance of the attorneys and solicitors at the Westminster courts is subject to similar inconvenience and loss of time, that it draws them away, often for days together, from their various duties at their own chambers and the law offices, from their many engagements with clients, with counsel at chambers, with the masters of the courts, and with members of their own profession, to the sacrifice of their own and others' time, to That the offices of the accountant-general of the delay of business, and to the great preju- the Court of Chancery are very small and dice and inconvenience of their clients. That inconvenient; and that the whole of these in consequence of such distance the principals are obliged to delegate to their clerks much important business which they would otherwise themselves superintend. That it is proved by the evidence of the senior Master in Chancery, and of others, that the offices of the masters (independently of being separated from the equity courts) are wholly insufficient for the satisfactory transaction of business; and, by the evidence of the senior registrar in Chancery, that the registrars' offices are so limited in space as not to afford a distinct room for each of those important officers. offices and their contents, the books and accounts of the forty millions of money now under the guardianship of the court, and all the accounts of the past are (by the construction of the building, or otherwise,) altogether unprotected from the casualty of fire; and that the records also in that part of the registrar's office called the report office, the repository of the decrees and orders of the equity courts for centuries past, are in the same unprotected state. That the provision at present made for the sittings of the new courts of equity at Lincoln's Inn are only of a temporary character. That the situation of the Westminster courts is in many other ways at variance with the interests of the suitors; thus it is proved that court business in equity is transacted in a less perfect and satisfactory manner at Westminster than at Lincoln's Inn ;--that books, papers, and information which may happen to be required from the public offices or from solicitors' chambers, during the hearing of a cause, and which are at hand in the latter case, cannot frequently be procured at the distance of Westminster:-it is also shown that the dispatch necessary in urgent cases in drawing up the rules and orders of the common law courts cannot be attained, and that the communication between the officers attending court and their offices is otherwise inconveniently in-courts at Westminster without very much terrupted. That it appears by the evidence of Mr. Barry, the architect, that "the present plan for the new houses of parliament, if carried into effect, would leave no room whatever for any other public purpose," and that "no farther space or increase of accommodation can be given to the injuring his plan, as it regards the houses of That it is clearly proved that from these parliament;" but that, if the courts were recauses, and various other inconveniences of a moved, "it would afford the means of making like nature, arising from the situation of the a very considerable improvement, both in the Westminster courts, the business of the law is convenience and in the external character of done with more effort and waste of strength, the new houses of parliament." vith less accuracy, less precision, and less expedition, than it might and ought to be, and that these evils diminish the relief whilst they increase the costs of the suitor. That the facts before stated show that a considerable outlay for providing accommodation for the courts and the Chancery offices has become unavoidable; and the petitioners submit, that a remarkable variety of circum- In proposing "Prosperity to the United Law stances has combined to suggest the manner Clerks' Society," the learned Chairman stated in which that outlay should be expended; that its welfare was intimately connected with namely, in a union of the law and equity the happiness of a very meritorious class of percourts, and of the masters, accountant-general, sons, whom he had known well for fourteen years, registrars, and other Chancery offices upon the and could bear testimony to the zeal with which same spot, in the vicinity of the inns of court. they discharged their important duties, and to That it is clearly established in evidence, the respectability of their character. The that no public necessity exists for the courts of learned Baron said he identified himself with law being contiguous to the houses of parlia- them by his presence there, and wished the ment:-it is shown, that the judges are only profession had one common desire for their called to attend the House of Lords when their prosperity. His lordship compared the procourts are not sitting at Westminster, and, that fession to a steam-engine, in which larger and with reference to obtaining counsel on the smaller wheels worked together, but each hearing of appeals, and on parliamentary com- being equally important to the perfection of the mittees, (besides that, there is at present a whole, which consisted in the perfection of the distinct parliamentary bar,) there is now no several parts; and therefore, if the well-being difficulty in obtaining the assistance of the of any one branch of the profession suffered, ablest counsel, whether the courts are sitting all must be injured,-so intimately was their at Westminster or elsewhere; and it is the general welfare woven together. He congratuopinion of witnesses of the highest authority lated the Society on its prosperous career and weight, that no such difficulty would be hitherto, as was apparent from the report, and experienced if the courts were permanently concluded an eloquent appeal by urging on the fixed in the vicinity of the inns of court. members the importance of not ceasing in their That the petitioners are aware that a feeling exertions to place the Society in a position to exists in some minds in favour of the locality fulfil hereafter, when the members should have of Westminster Hall, arising from old associa- passed the average age of life, its important tions; but they conceive that this feeling is of engagements. The Institution had the good no great extent; and they submit that, even if opinion of himself and of his learned brethren, it were more general than they believe it to be, who wished it prosperity, long-continued it ought not to operate as an impediment to a prosperity. measure of great public practical utility. The petitioners therefore pray that the house will take this subject into its early consideration, with a view to the adoption of such measures to remedy the existing evils, as may seem meet. UNITED LAW CLERKS' SOCIETY. THE 13th anniversary dinner took place on Friday, the 13th June, at the Crown and Anchor, Strand. The Hon. Mr. Baron Alderson presided, and was supported by the Hon. Mr. Baron Platt, and many eminent members of the profession. Mr. J. Maynard, in an able address, expressed the pleasure he felt at the very forcible and truthful manner in which his lordship had stated the claims of the Society to the support of the profession. As a solicitor, he might be permitted to add, that he well knew the value of efficient clerks; without them, no business of any magnitude could be well conducted: his position gave him many opportunities of knowing this fact. The profession ought to do all they could to promote the welfare of the upright and efficient clerk. He rejoiced that the Society had accomplished so much in so short a time. But much more remained to be done; and on behalf of his branch of the profession he could say, that its hearty support would not be wanting. Among the members of the bar were Mr. Sir George Stephen proposed the next toast,— Anstey, Mr. Barlow, Mr. Carden, Mr. Fish," The Lord Chancellor, Lord Cottenham, and Mr. Malins, Mr. North, Mr. Steere, Mr. Teed, the other Patrons of the Society," and in referMr. Twiss, Mr. Wakefield, Mr. Westoby, and ence to the allusion of what had been done Mr. Willcock. The solicitors were represented by Mr. Bloxam, Mr. Brownley, Mr. Carritt, Mr. Collett, Mr. Dickson, Mr. Edwards, Mr. Few, Mr. Freeman, Mr. Hawkins, Mr. Hayward, Mr. Hodgson, Mr. Hyde, Mr. Gamlen, Mr. Kelly, Mr. Maugham, Mr. Maynard, Mr. M'Leod, Mr. Parkinson, Mr. Secondary Potter, Mr. Rose, Mr. Sanders, Mr. Shaw, Mr. Shearman, Mr. Sherwood, Mr. Slater, Mr. Smale, Sir George Stephen, Mr. Wathen, Mr. Watson, Mr. Westmacott. The report of the committee was read by the Secretary. The usual loyal toasts were introduced in excellent taste, and duly responded to. by the profession to promote the welfare of the Mr. Wakefield, in returning thanks, stated, he had supported the Society from its foundtion, and the more he knew of it, the mor deserving of encouragement he found it to b United Law Clerks' Society.-Railway Compensation. 179 It could boast of having for its patrons two of so much. He stated that the prosperous career the most distinguished lawyers their country of the Society must be a source of great gratificould boast of, and amongst its supporters cation to them. would be found some of the most eminent Mr. Malins, in the absence of the Trustees, members of each branch of the profession. He returned thanks for them, and enlarged on the believed its patrons would yearly increase in utility of the Society. number. The Society had his best wishes, and he believed that those for whom he returned thanks would do all in their power to promote the prosperity of so useful an institution. Mr. J. E. E. Wilmot proposed the health of Mr. Baron Platt, in a short but effective speech, in which he paid a just compliment to the learned judge, and expressed his warm approbation of the objects of the Society. The learned Baron returned thanks with much feeling and eloquence, stating, that without the aid of many present he should not have occupied the position in the profession to which he had recently attained. This was his first appearance in the Society, for he had not been aware of its objects; but being now acquainted with them, it had his best wishes. He considered every faithful clerk as a valuable friend, without whose assistance it was impossible to conduct the business of the profession, or satisfactorily discharge its duties. Mr. Baron Platt, in proposing the health of the Chairman, remarked on the brilliant commencement of his career at college, and his early elevation to the bench. Amongst all the distinctions he had attained, he considered that the learned Baron had in no instance more highly distinguished himself than by presiding on this occasion, and by the manner in which he had pleaded the title of the Society to the support of the profession at large. an The Chairman admitted he had earned some honour by being present at that meeting, honour which his learned brother should enjoy as well as himself. This was his last appear ance that evening; but before he quitted the scene he would, in the character of a testator, make his will, and appoint Mr. Baron Platt his executor, and he had no doubt the meeting would "grant probate." His last request was, that his executor would next year fill the office he then occupied. He should thus leave Mr. Horace Twiss, in proposing "The behind an excellent representative, who would Bench, the Bar, and the Profession," stated, render a good acconnt of the estate. The the Bench had well spoken for themselves. learned Baron earnestly wished the Society As the senior member of the Bar but one, he might go on increasing in prosperity, and might be permitted to speak for that branch of expressed his belief that the members, and the profession; and he could truly say, that those who were near and dear to them, must at the Bar were anxious to do all that they could some time find the great advantage of having to promote the prosperity of an institution so allied themselves to so excellent and praisewell fitted as the present to improve the well-worthy an Institution. being of the clerks. The Bar was never [We were much gratified in witnessing this lukewarm in supporting useful institutions, union of every rank of the profession, the and this ought not to be forgotten. The learned bench, the bar, and the attorneys and solicitors, gentleman always considered that the superior-all congregating to promote the same mericlerks of this profession bore the same relation torious object. We shall take an early opporto their employers as the curate to the rector or vicar in the church, tunity of stating the substance of the very satisfactory report which was read to the meeting; and in the mean time we join in exhorting every clerk in the profession to enrol himself without delay amongst the members of a society which has long received the decided sanction of our excellent judges, and indeed of all classes of the profession. Let each re Mr. J. W. Willcock returned thanks in an animated speech, stating his conviction that the time would come when every respectable clerk would consider it a primary duty to himself and family to become a member of the Society, and every clerk who did not avail himself of it, would be considered to have member that his respectability will be emineglected a most important benefit. nently promoted by the comparatively indeMr. S. C. C. Fish proposed "The Honorary pendent position which he will attain by the Stewards." He stated, those gentlemen were extension of the Society. An association of well entitled to the thanks of the Society for 400 has done much; but let it be increased to the assistance rendered by them on this the the number which it ought, and every indivi13th annual meeting. The sanction of their dual of it will secure his own welfare, and that names called attention to the objects of the of the class to which he belongs.-ED.] Society, which were not so well known as they ought to be. The more the Institution was understood, the better it would be supported. He had looked carefully into its rules, and found it to be deserving of his best support, and he most cheerfully gave it. Mr. N. Gedye, in returning thanks, stated that he wished every clerk he had or should have to become a member of this Society. Mr. Teed proposed thanks to the Trustees, the Society's earliest friends, to whom it owed PRINCIPLE OF RAILWAY COMPENSA- A SELECT Committee of the House of Lords have just made a report upon the question, how far, in addition to the marketable value of property taken forceably from landowners by railway companies, a per centage should not also 180 Railway Compensation.-Real Property Bill., be allowed, on the ground of the sale being compulsory. The committee give it as their opinion, that a very high per centage, amounting "to not less than 50 per cent. upon the original value ought to be given for the compulsion only." Nothing can be more singularly opposed than the evidence of the very experienced witnesses examined. For instance, Mr. John Duncan, the solicitor to the Eastern Counties Railway, is asked "Q. Is it not the fact that a large country house never pays a rent equal to its cost? For example, suppose a house cost 10,000l., it would not let for above 2001. a year in the country? A. Very likely not. Q. Therefore 30 years purchase upon such a rent as that would be a very inadequate sum to pay? 1. There is no doubt, that if a railway company takes a house that has cost 10,000l., they do not pay 10,000l. for it; they only pay what could be got for it, what it would sell for, together with the additional compensation for taking it compulsorily. Q. But supposing you turn the proprietor out of his house? A. Parliament does it. Q. In a case where a railway goes in front of an old ruin, for instance, Bolton Abbey, or any other the like venerable fabric, and goes near it so as to spoil entirely its picturesque effect, on what principle do you compute your compen sation ? "Q. Supposing a house had cost 10,000%, and had been finished last year, and that your railway came through it. Would you give the owner of that house the amount of the money that he had expended? A. Yes; and something more. Q. You would not take the house and give him 30 years purchase on 2001., which might be the rent he might get for it; but you would take into consideration the amount of money which he had just laid out upon it? A. I think you must as nearly as possible place the man in the same position he was in before the railway came. I think no railway company should inflict a hardship upon a prívate individual if they can ascertain the facts. Q. Would you not also allow something for the annoyance of being removed? A. Yes; if he had the year before expended 10,000l. for his own comfort, and the company came and took that property away, I should say he should have something beyond the 10,000l. for his removal." These extracts show that the railway code of justice has not yet arrived at maturity. Mr. Duncan confesses that such questions have not actually occurred to him in practice. We rather think that when they do arise, he will see reason to deal more liberally with landowners than his evidence before this committee might lead one to expect. The practice of courts of equity furnishes a salutary moral lesson, which railway companies might well attend to in considering how far they are bound to pay regard to the pretium affectionis. When, A. I am not aware of any such case, but I for example, courts of equity decree the delivery rather think the company would be advised, of a specific chattel,-as the Pusey horn, or and that they would consider that the public the Somerset altar-piece,b-they proceed on utility must prevail; and that they should pay the principle that the mere pecuniary value of nothing for any loss of beauty, or anything such things would form no adequate compenelse. If a company went through the grounds sation for the loss of them; and, as Lord Chanof the proprietor to whom the abbey belonged, cellor Rosslyn said, a jury "might not give or if they went so near the ruin as to prevent twopence beyond the weight;" therefore it the erection of a house on the same spot, if was that courts of equity ordered the article to that was contemplated, if the course of the line be delivered up. Railway companies should would touch his pocket injuriously, we should deal equitably, and not compel parties to come pay for that; but I think that for the mere for justice to parliament. destruction of an object of beauty or interest, we should not have to pay anything. If a party went before a jury, and there was any THE LORD CHANCELLOR'S REAL claim set up of that kind, we should fight it very resolutely. Q. On the ground that the party was entitled to no compensation for injury to a ruin? A. Yes; that it could be no injury to his pocket, and therefore he had nothing to receive. Q. However hallowed the ruin might be in his estimation? 4. That is so. He must come to parliament, and pray to parliament not to grant a bill for a railway to run near so beloved a place. But if it was a beautiful spot he should get a station made near it, and turn it into building land." This is very well put by Mr. John Duncan; but let us see on the other hand what is said by Mr. John Clutton, the solicitor of the South Eastern Railway, who holds a very different opinion from that of Mr. Duncan. Thus : PROPERTY BILL. |