The Sun.
London, England, 1848-03-16 00:00:00

LITERATURE.

liE PRACTICE of the COURT for the RELIEF
of INSOLVEIVT DEBTORS in LONDON,
and in ,COUNTY COURTS. By John Jagoe,

Esq., Barrister-at-Law.
In passing Acts of Parliament for establishing
courts of justice the Legislature has a very important
duty to perform, and a no less arduous task the lawyer
has to perform who writes on the practice which is to
give effect to such Acts. We are led to these obser-
vations from the perusal of the present work, which
gives the practice under 1 and 2 Vict., c. 110, and
10 and 11 Vict., c. 102, so little understood in
county courts, that the diversity of opinions on the
construction of these statutes has caused serious in-
convenience to the public. Mr. Jagoe's work is there-
fore most opportune, as every branch of this difficult
subject is minutely given with *that perspicuity for
which the works of the learned writer are so
remarkable. This book completes the entire
practice of the insolvency statutes of
the late session, and, though last, is
not least in merit. In the preface Mr. Jagoe says
that " the present work on the practice of the Insol-
vent Debtors' Court in London and in County Courts,
with the practice of insolvency and summons for debt,
recently published by me, comprehend both branches
of a subject which, though rather alike in name, are
so dissimilar in practice, that it would not be doing
justice to either to write them in one volume." In
this we concur, as it is more suitable to the profession
to have the practice under such important statutes
separately given, with an index for reference to each
work. We have read the reports of the applications
which have been made, and the arguments used for
and against the right of county courts to discharge
prisoners on sureties, but the manner in which Mr.
Jagoe treats this subject appears to us to be quite
conclusive:—

" Section 10 of 10 and 11, ;Vic., e. 102, empowers
the judge of a county court to fix a time and place for
the prisoner to be brought up, and to cause the usual
notices to be given; when these duties, are per-
formed his functions, as judge, before 'the hearing,
are at an end. On the day appointed for the Court
to sit, the judge presides, hears the prisoner's case,
and pronounces the judgment of the Court, but all or-
ders issued must be signed by the Court,' not by
the judge.' The part of the section that gives
jurisdiction to a county court is copied from section
30, 1 and 2 Vic., c. 110, which prescribed the duties
of the Uircuit why .uuld not, under
this section, issue subpasnas, or discharge prisoners on
sureties, that power being vested in the London
Court alone, as the Act gives no general authority to
a county court to discharge prisoners on sureties,
nor to do any act until the hearing, when, for the
first time, it has jurisdiction in the cases referred to
it ; an order, which may be made even at the hearing,
would be illegal if issued before that time, so that a
warrrant, by a county court, to discharge a prisoner
on sureties cannot be upheld when unauthorised by
the Act, and made before the formation of the court.
" Section 11 of 10 and -11 Vic.,:c. 102, has only re-
ference to
.recognizances taken before the 16th of
September, 1847, and as these recognizances bound
prisoners to appear before the Commissioners on cir-
cuit, it was necessary to enact that prisoners so bound
should appear before ;county courts ; but there is
nothing in this :section to give county courts the
power of taking recognizances and discharging pri-
soners.
"It seems that the Legislature did not contemplate
that county courts were to discharge prisoners on
sureties, supposing that the Commissioners would
issue commissions as usual, and on the recognizance
taken in the country being transmitted to London,
that the court would discharge prisoners until the
hearing."
County Courts, under these statutes, hare a very
peculiar jurisdiction; they are ancillary to the In-
solvent Debtors' Court in London, and used for the
convenience of hearing prisoners' cases in the country,
consequently they have no jurisdiction but for this
specific purpose, and the Court has no power until the
hearing of the case referred to it. Mr. Jagoe's view is,
therefore, correct, as any order made before that time
would be illegal, and even then, except for remanding
or discharging prisoners. After the case is heard
the Court for Relief of Insolvent Debtors in London
has absolute control over all the proceedings, and
applications by creditors and insolvents must be made
to that Court ; but we refer to Mr. Jagoe's work,
where the entire of this complicated practice is very
ably laid down.

THE LONDON and PROVINCIAL MEDICAL

DIRECTORY, 1848.

The " Medical Directory" for 1848, is a great im-
provement upon its predecessor—instead of a mere
almanac, we have a diary, in which we find noted
the days of meeting of the various medical and
scientific societies. In the " Provincial Directory,"
we find, in addition to the usual list of names, a local
list, wherein, by reference to any town or district in
England or "Wales, the names of all practitioners
resident in the locality will at once be found, and
also a list of the Poor-law Medical staff of the various
unions throughout the kingdom. These additions
make the directory a complete mirror of the personnel
of the profession. The contents are admirably
arranged, and the work is well printed and neatly
got up. It will, no doubt, find a place on the con-
sulting-room table of- every member of the profes-
sion.