The Express.
London, England, 1861-11-12 00:00:00

THE ''.'PRESS, TUESDAY EVENING, NOVEMBER 12, 1861.

LAZY AMENbiIENT auCISTY.

tato intelligence.

Last night the first wedeln:: of the present session
of the wrist, wee bold at Waterloo-place ; Mr. itocmotth
PALMIIII, &P., the fielicitor-General, in the chair.
The minutes of last meeting were read, and three sow
members were elected.
The SeteLTAID then read the address of the cmical,
which stated that the measures which became law during
the last session of parliament were of the highest impor-
tan.Y., and yome of them were in a great degree due to the
exertion. of the society. During the semen) no km thee
124 public and 249 private Lille became law. The address
then referred to those measures in which the society
took a special iota-rag—the Consolidation of the
Statute Law itevisiou Act, the Bankruptcy Ad, and
the two acts on the eubjert of dawdle. The
valued were of opinion that a general punishment sad
rrocyylure art would Le a useful supplement to the Int
nie..yure. The bankruptcy law had been so frequently
docii.oil by the society that it was nut nectessry to refer
further to that measure. With regard to the law of
domicile it was still in • most unsatisfactory state and
reiltire4 to is amended. It would be necemary to make
pioviyioo he future legislation for the registration of trade
marks, foe by
transfer of land, for an atimodatent of the
pateut law, awl for a separate departmeut of justice. To
thew subject. the effort, of the society would be directed
dui log the present mariOit.
TLe CHAlitllAti then addralked the meeting, and mid he
felt he mired an apology to the society for appeariog
siooricyt them ou this occasion for the hat tins*. Thu did
n. 4 An..., however, from any want of interest in the
preceyyliugs id the society, but from the circumstance that
it was incompatible with his other eugagetheuta
With regard to the amendment of the law, though much
still remymed to be doge, he thought the work had bees
steadily going or. The estahlishmeat of the County Courts,
shah he regarded as the greatest practicil reform of their
times- -Loeuae, if there was one duty of a government more
perainount than another, it was that of bringing justice to
the dour of all the people—was of itself sufficient to
entitle the society to the thanks of the public. If he
coupled with the bills enumerated is the address the
numerous acts by which the procedure of the commas law
courts was so much improved ; the acts for the reform of
the court of Chancery, which made it • common thing for a
suit to be begun and ended within the year, which might
be conyidered au extremely small period compered with
former times ; the alterations and improvement of the law
relating to testamentary and matrimonial jurisdiction, the
withdrawing of private estate bills from the expensive tri-
bunal of parliament, and the iniprovemeut in the law of
evidence, it was impossible not to feel that they bad a
differrat state of the law now from that which existed
thirty years ago, or even at • more recent period. But be
was struck with one fact which was not =worthy the par-
ticular attention of the society, namely, that slated the
whole of these reforms was in the department of procedure,
and sot ie the irubstance of the law. No doubt, a good,
cheap, OCColaible, and speedy mode of procedure was of the
utmost iapaeLocw because the beat laws were of no
value witbowt it, but, on the ether hand, if
laws were hail, a procedure, however cheap and quick, was
riot the best or most satisfactory mode of amen ding them.
The time, he thought, was now come when &greater amount
of the society's attention should be directed to the amend-
cleat of della, in the eaketeace of the law than bad
hitherto bees given to that part of the subject. No one
add helpless/Asa that the law was uneystematic and that
le away reepers it waa productive of injustice. He did set
rem to p fNo the subject of the prospective reforms
Wieb bed hers mentioned in the report, or those which
W beta NOW ; but there were two or three points le
whir be would advert, and find at all to the imparteat
seirgaut ofbad transfsem Then wee • perky general
apresensall areapt that branch of the profanes to which
be aimed that a was a the highest degree desirable to
drill, bed leserfen and land tithe. Bad be
fares leit tbell Sege was • brie disposition to rat ear
eyes to the inbreat dificellise of the after.- It rigid be
desirable that the trenefer of land should take
_piece with
the mine facility es the transfer of stock ; het thee it was
pot desirable that on ma. should have am easy mole of
selling the ef 'bother man. With tepid to titles,
if say system clearing theta by parberembary rooms
could be devised without injury to say eau, be should be
ready to apple it to try mark Be did ma think that
say scheme which would he.. the Illrielee of the oweer
ewer property. or whirr woold make it Ism valuable fee
metal ',Lapeer. meld be accepinble te the porseetwe
if Mad, sad be ilsabie
coif it
if it wield radar
width te
wadi oil
the sonef the Anything
of the power dwent' astilsessitia
with mire' of prowlers ie Writ oy woe eit-
earessak west be • sacrifice et mistree b knee.
Be
'herd be deeply beeted te the seer" et le way
if they sumi • made which. Wilma depsiviag tlic'etsZ
these Wordier. mead give am lie bar& ei gimp&
city. True.. the bisaded be bleeder &ay
wear" ea Ws be wee as igarert es they we..
Were it orerree he would set ssssk at it. If aminsted
with seek • reasere be Weald sLsaseou to glee It West.
With regard M priers, epee the assumpaisa rat they
were to be err MEW, Bien were Moe dridaniii.
One was that them Aral be sere saiosa7 sad sidderdery
direitios of the sort ef beerier tibia parer war
great to protect, air the et air Ira *see Weald he sere
tatter node of sifting away these wbidi ore etivierly use-
bes sad bed. If the did net lavers • new rid*
warm proem it eagle esit to be the sob*. el sparer ei 211.
Be ad net ark the war rads se the email Behest
meeting of bares esenshody to &Nib lielenesed tke vali-
dity er the invalidity of an ieverisa was practicable ; bat
be thought there should be mete mile for rejecting what
was frivolous, sees by ex parte preemee—a novae( tar appli-
cant for a paten the right of appeal. The ear es
which he would teeth was with nerd to the
of • If irate,: ef Assties ; sad bora be test be was
disappointed se the wia-lbillhaer et the premien aerie by
the toasty thei they wield landrime far the =W-
irehaired ef a der/WM et Norm
7be flerearlar latirsted tart bad Esse ma
Tbe Carlow sad Br la theta's he bed se further
rear& to Ergs. _ _

(Before
rue RUNG 0? PORIVOAL r. SCOTT RUSSELL.

Stuart.)

This warna demurrer by to the bill fOr want
of equity. The bill stated that Mr. Scott Russell, by WM-
mut dated 16th November, weed to construct for the
plaintiff a steam screw view, to be completed by the
25th April, 1839, for 10,4001., and to be paid for is five
instalment., and it was provided that if the Tomei was sot
finished by the day last-named, Mr. fleet& Rummell should
pay rd. per day for each day beyond the above that he
should delay to deliver the vessel. Mr. Scott Remit re-
vived four instalments of 2,0401. each. The vessel was net
completed by tbeday earned; mad Mr. Scott Rama% under
protest, equipped the resod as required on the plaintirs
behalf, but refused to deliver it up wail he
was paid the last instalment of 2,0401. and 3.0761.
for extras. It was ultimately arranged that he should be
paid the fifth instalment of 2,0401., and that the sum of
3,076/. should be placed is the names of two persons, of
whom he was ono, to *bide the malt of au action which it
was agreed he should "forthwith commence and duly and
diligently prceeeute." Mr. Scott Russell brought the action,
end obtained a nominal verdict subject to a special cue.
The bill alleged that he had been dilatory in the prepara-
tion of the special case, sad that he had not therefore pro-
secuted the action duly and diligently, and it prayed for
payment of the sum of 3,0761. to the Minister of Marine of
Ws King of Portugal on behalf of the plaintiff.
Mr. Matins and Mr. Kekewich for the demurrer ; Mr.
Ewen and Mr. G. Simpson for the bill.
The Vioe.Ubancellor said the case stated by the bill was
that of the constitution of a trust which attached itself to
the fend to question the moment it was traaaferrsd into the
same of the trustees. The fund was sow standing to the
credit of those trustees with that trust impressed upon it. Ac-
eording to the declaration of the trust the 'meth; upon which
the ultimate right to the trust fund might be determined
have not yet occurred ; the plaintiff, indeed, averred that
upon one eciamtructlen of the trust an event had occurred
from the seglea and delay of the defendant which entitled
him to the whole fund. But there was now no question that the
(and was sot a trust fund, and thaidefesdant who demurred
was not a imam in whose mine the tried feed stood. Upon
ihe sonetruction of the deck:mks of the trust mist depend
the ciliation whether the plaintiff or deleadent was enti-
tled to the fund in its entirety, or in certain proportions.
The bill was owe as to which this demurrer could not be
smaistalited, and it must be therefore ovemiled. It had
been said that embed Mode would not eindemesd to ask
ler sells, hat Mr. Simpson had mad* the plaintiff come
humbly to the court, and if the King of Portugal did sot
think k any disparagement to script caste, the court
would sot MIN to gave theta to hits. The last crowned
heed who said in this own declined seeeptisg meta.
There would be leave to amend the bill, and time _given to
aims the mamas& bilL

r.--117Qoent newel Qat the whirr' be edopted sad
printed.
Yr. I Minns seeended the sootion.whieh wee !weed to.
Kr. DANInq Nr. lissanow, wad gibers to
Doan °beer.
'stems oe *lb willows wills windto ia Um report,
shoe 'Wok Os mistati sapastel.

judgment. When a party alleged that be was desirous to
prosartt either an ?millel salt or a prose"( in error,

mid, further, pve thelisurt maw to believe the.; he Wei
EQUITY COURTS—Nov. 11. not the useemary foods 'to (any on much litigation, the
(Before the Lord Chancellor.) court was at all times reluctant to refuse the application of
such a perm to sue in forme pasperis, and thus enable hint
During the hearing of the arguments in the part-heerd :to viedicate his rights and obtain redress for say
mac of " Talbot v. Staniforth," • report of which has ap- wrong he laboured under. On tbe other hand, however,the
peered in our journal, hie lordship stated that he was obliged court was bound to see, before they granted that • ion.
to go elsewhere on public business, and the further heitriog that it did not lend itself to a proceeding which was likely
Mood adjourned to this day.
i to throw on his opponent heavy expenses without any suffb
i cleat reasonable cause for litigation. The matter was en-
(Before the Master of the Bolls.) , tirely within their discretion, but it was a discretion which
NEWSOM! r. FLOWERS, ought to be carefully exercised, and if they saw that a party
His Honour disposed of this case, which was opened on who sought to put the law in motion without the respond-
Friday. The bill was filed for the purpose of setting aside bility for costs was seeking to enter on litigation which
a deed of appointment of new trustees of a chapel belonging was either intestinally vexatious, or if not intentionally
to the particular baptists at Attleborough, in the county of vexatious, yet would have practically the same result, the
Warwick. The original deed of settlement, vesting the pro- court ought not to grant the application. He was far from
party in trustees, was executed in February, 1821, but of saying that the plsiotiff in the present case was proceeding
those trustee, only three were now alive and resident in designedly with the view of harassing or annoying his oppo-
&gland. It appeared that dimensions had arisen among the nests ; but the applicatioes to set aside the judgment were,
flooPuliation as far back as 1818, and that a portion of the he believed, more numerous than those made in any other
members left the chapel at Attleborough awl took a weaver's ease which had come before the court for many years. That
shop at Hall-end, which they used as a place of worship, would fairly lead to the conclusion that Mr. Cobbett enter-
Last year the defendants were appointed new trustees, but r Mined the belief that the judgment was one which
the original members of the congregation objected to the be was entitled to met aside, but the court must see whether
appointment, on the ground that they were not qualified se there was any fotindaticie for that belief. In the first place
particular baptists. The title deeds of the chapel were in ' the application was made to set aside the writ of ca. sit
the hands of a third party, against whom the defendants ; issued on the judgment, on the ground that the date riven
had brought action to recover them, and which it was ! in it did not correspond with the real date of the judgment ;
sought by the bill to esstrain. that judgment was entered up on the 14th of May, while
His Honour made • decree in substance complying with the date in the writ was the 2fith of April. The date of the
the prayer of the bilL The actions were to be restrained tedgenent was not an essential pert of the writ., except for
until new trustees were appointed, a reference was directed the pampas of fixing the period from which interest on the
for their appointment, and upon the congregation giving to judgment debt was to run, and if this point were relied
the court the name. of the proposed new trustees, they epos by the plaintiff, it would not avail him, because the
were to be inserted in the decree, and the present trustees writ did not form part of the writ which went to error.
were to convey to them. The decree to be dated after the Besides, the court had no doubt that what was objected to
names had been agreed upon, and the defendants to pay the was a mere irregularity which bad nothing to do with the
costa in equity. substance of the judicial proceeding. It was simply a matter
Mr. Selwyn and Mr. Hothouse were for the plaintiffs; which either party had • right to have corrected, and
and Mr. Ihiggallay and Mr. Eddie for the defendants, when it mime before thecourt theygranted • rule nisi for the
lamendment of the writ in regard to the date, but Mr.
Oubbett had declined to avail himself of their judgment.
The next ground was that In the master', book the judg-
ment was entered uif the 26th of April, whereas the date
ought to be the 14th of May. The court was of opinion
Unit this was wholly a matter of form, to which exception
might he taken on the ground of irregularity, but which
did not affect the justice of the due, and it was within
the power of the court to rectify the statement in accordance
with the truth. The main ground, however, on which the
plaintiff relied was that the roll had not beene completed,
and that judgment had not been properly entered on the
roll. This objection was founded on an entire mimeos-
ception, as it was not neoessary, in order to *sable • party
to take out execution against • judgment debtor, that the
roll should be complete. [Here Mrs. Cobbett, who
had repeatedly interrupted his lordship, notwithstanding
reproof of Mr. Justice Wightmea, that her conduct was
unseemly, said the roll was now completed, and Mr. Cob-
belt was prepared to go to error.) Thee the only objection
was that the matey in the roll did not oorreepood with the
master's book,. but this, he repeated, was • were imago-
larity,, which had nothing to do with the substance of jus-
tice in the case, and could be amended by the corn:. II
error should be lost, it would be the duty of the court a.
once to make the amendment. The error in that came
would be entirely removed ; and inasmuch as any further
proceedings with a view to error would be altogether vain
and futile, and only end in defeat to the plaintiff, the court
ought not, by the exercise of its power and diacretion, lend
themselves to a course which would have oo beneficial re.
suit, and expose the opposite party most unnecessarily not
only to annoyance, but taxman. The court were there-
fore of opinion that the rule ought not to be granted.
Mrs. Oobbett left the court protesting against the injm-
tire done to her husband, and expressing a hope that the
public would aid her by subscriptions in taking the case to
the Court of Error.
queers e. JUDGE OF Ti CORRISPOIT COURT—CHURCH
SATIN.

The arguments la this ewe, which involved a question as
to the power of district paddies to levy a church rate for
Gabor polo= than tbe adult' repair of the fabric of the
°harsh, was retiused by Mr. Taylor. who showed cause
against the rate.
The court reserved It. jodaseat.

INSOLVENT DEBTORS COURT.—Noy. 11.
(Before the Chief Coreteimeitmer.)

or AhRIGNZIS 'OHM THZ OFIZATTON OP THZ
NIT, ACT.

The Chief Commissioner cm taking seat, referred to
• subject of some importer:tie, and one on which a misap-
prehension existed. The court, until the operation of the
new act, could appoint ao assignee in cases which had been
heard forty years ago ; and sow it wee said they could only
appoint in pending cases—that wee, In cases that had sot
been adjudicated upon. That wee • great mistake. No
doubt the court had the pewee to appoint assignees in
mime in which they had been nominated before the 12th
October, and to complete each appointments. In this view
of the matter he bad the concurrence of Mr. Commissioner
Nichols, and the point was of importance, es it would apply
to country and town come still existing. The nomination
wee the critical point of time ; and hi all oases it would
apply where it was made before the 12th October, and of
course to cases pending on that day, and to which assignees
were to be appointed. Yr. Macaws had brought before him
• peculiar case in reference to the_ subject, and on which he
would give his judgment on Wednes&y morning.

Mr. Barker hoed the defendant is., or in default SIIIISO
days imprisonment.
The tine was not paid.

SOUTHWARK.
Lary Jeffery, a general shop-keeper, of Star-corner, Ber-
mondsey, was brought before Mr. Burcham charged with
having unlawfully received and purchased two soldier
caps.
Capon, 45 M, said that on Saturday afternoon be took
into custody two marines, who bad deserted, who were par-
tially attired io military clothes, and had civilians' caps on.
From infornuition be received he went to the prisoner's
shop at Star-corner, and asked her whether she had re-
cently purchased two soldiers' caps? She replied that she
had not, but two men bad left raps which she thought be.
longed to soldiers. She then handed him the caps produced,
and be took her into custody.
The prisoner here declared that she did not purchase the
caps. On Saturday afternoon two men came into her shop
and asked to buy some cape, when she told them she bad
none but old ones, which she showed them. The men se-
lected two, and throwing the caps produced on the counter,
ran out of the shop.
Mr. Burcham asked if there was any evidence to show
that she purchased the caps of the soldiers ?
Capon replied that there was not, but she must have
known that she was doing wrong in receiving the cape, as
they bad brass ornaments on them.
Mr. Burcham observed that, in the absence of any eel-
dean that the prisoner wilfully received or purchased the
cape, he must discharge her, but he cautioned her to be
careful, or she would render herself liable to severe punish-
ment.

WilliamDerrnott was charged with breaking and en-
tering the dwelling-house of John Pricking, in James-street,
Bermondsey, and stealing therefrom a brooch.
The prteecutor and his wife bad been to the Lord Mayor's
show, and when they returned borne they saw a light in the
house, which they found broken into. The. prisoner and
another jumped out of the window, and Mr. Pricking secured
the prisoner, and handed him over to the custody of the
police.
Mr. Burnham committed him for trial.