ENGLISH EXTRACTS.

New Zealand Gazette and Wellington Spectator, Volume IV, Issue 233, 1 April 1843, Page 3

ENGLISH EXTRACTS.

Abuses in the Law Courts. — Among the numerous plans which the law at present t almosts suggests a debtor should adopt for the purpose of vexing, and ultimately, perhaps, , defrauding his creditors, there is none that requires a more thorough reform than the system of pleading to actions. The rules, or at all events the practice of law, in .fact, will not allow a defendant to put in an honest plea to the plaintiff's declaration. Supposing, for the plaintiff sues him for £200, but

at the same time, in consequence of various dealings between them, the plaintiff owes the defendant £100. The defendant first of all pleads, what the lawyers call nunquum indebitatus, or, in plain English, that he never owed him a farthing, and next that the plaintiff owes him £100, which he desires may be set off against the plaintiff's claim. If the action is for false imprisonment, an equally absurd "aud unjust system prevails. There the defendant generally pleads, first, that he did not imprison the x plaintiff at all, thereby compelling him to prove that fact, and next pleading that, under the circumstances, he was justified in so imprisoning him, thus admitting the falsehood of his first plea. In a case of the latter kind, tried during the last term in the Court of Queen's Bench, the defendant pleaded a justification only, without denying, or what the law calls traversing the charge that he had caused the imprisonment of which the plaintiff complained in his declaration. Mr. Justice Fatteson, in the course of his address to the jury, made an observation which did him great credit (it is a pity that there are so few precedents of the kind). His lordship said he was glad to find that the defendant had, in his pleadings, met the whole case of the plaintiff fairly and honestly, instead of pleading first that he did not imprison the plaintiff, and that next that he did, but was justified in so doing, one or other of which pleas must be false, he had simply pleaded the latter plea, and left the question of justification (and which in almost all such cases was the only point in dispute) to be decided by a jury of his own country. In all trumpery, and what are properly termed attorney's actions, for alleged excessive distress for rent, assault, &c, it is far the best plan for a defendant to pay two or three pounds into Court, for if plantiff gains a verdict for that amount only, he has his own and defendant's costs to pay, and should defendant obtain a verdict (which is rarely the case,) his extra costs will amount to more than £20. Such is the present state of the law. In addition to false pleas, there are other proceedings by which both plaintiffs and defendants (through their attornies) contrive to harass each other, and add to the costs of the suit, leaving the question at issue between them altogether untouched. Among them are the innumerable motions to set aside writs, judgments, &c, because of certain technical objections, such as mistakes in names, dates &c, ail of which are made for the sole purpose of adding to £he costs, and which, we ary sorry, to say, are encouraged by the Judges to a most disgaaceful extent, arising, we believe, not from any unworthy motives on the part of their Lordships, but from a professional anxiety and determination to abide by certain fixed rules termed precedients. As a specimen of the trumpery objections taken for the purpose only of adding to the costs, we call the reader's attention to the following report, which, to avoid all suspicion of unfairness, we extract from " Dowlings Practical Cases," vol. 3 :—": — " This was a case of country bail, wherein Mr. Mansell objected to the affidavit of the bail, on the giound that one of them in his affidavit, said ' he's worth the sum afterwards named,' instead of swearing *he is.' Mr. Justice Littledale — ' That is only an abbreviated mode of spelling he is.' Mr. Mansell — ' He only swears that he's worth that sum ' over and above what will pay his debts,' instead of adopting the form of the Court, which is simply " over and above his just debts." — Mr. Justice Littledale — ' That is amplifying the expression, and carrying the meaning in a much more correct form than the one employed in the rules themselves." Mr. Mansell — " My next objection is that the bail does not swear to good Book debts owing to him, but only to good debts." Mr. Justice Littledale — " That is sufficient. If it were necessary that a man should swear to good book debts, a man out of business altogether could not become bail in respect of good debts, no matter to what the amount might be." Mr. Mansell — •' The last objection is, that the bail describes himself as a yeoman, which I submit is not a proper description." Mr. Justice Littledale — " I think it is. Yeomen are a recognized class of persons in this country." The learned judge then allowed the bail. The result was, that the costs of this precious opposition fell on the plaintiff instead' of the defendant ; but what cared the attorney who suggested it ; his object was costs, which he was sure to obtain from one party or the other. The worst of it is that those who have to pay the costs of these technical objections know nothing about them ; they do not instruct their atto:nies to make them, being, of course, ignorant of law proceedings. The celebrated ROWLAND'S KALYDOR, appropriately styled by its numerous admirers " the auxiliary of beauty," is in' all climes and seasons of inestimable importance to female loveliness^. During the rigours of Winter, not any attack more seriously impairs the beauty of a fine Skin, than inclement

cold: it becomes rough, red, chapped, and vulgarly unseemly, aud frequently disfigured, by chilblains. Equally available are its virtues against the baneful influence of solar heat, which causes Freckles, Sun Burns, Tan, &c, all of which blemishes the KALYDOR prevents and removes. Throughout season, time and climate, the faithful auxiliary arraysthe neck and arms in radiant brilliancy; and perpetuates the vivid bloom of juvenile attraction. See Advertisement. What is Vulgar ! — Mr. Lochart, in his Life of Sir Walter Scott, gives the following anecdote: — "Sir Walter's daughter — Anne — one day happened to say something (on what subject is forgotten) that ' she could not abide it, it was vulgar.' 'My love,' said her father, * you speak like a very young lady ; do you know, after all, the meaning of the word vulgar? 'Tis only common; nothing that is common, except wickedness, can deserve to be spoken of in a tone of coutempt ; and when you have lived to my years, you will be disposed to agree with me in thanking God that nothing really worth having or caring about in this world is uncommon. In every civilized country throughout the world the human hair is always found to be a subject of peculiar attention. Of the numerous compounds professing to promote or reproduce the hair, few have survived — even in name, whilst Rowland's Macassar Oil, with a reputation already unparalleled, is still on the increase in public estimation ; which fact, together with innumerable testimonials (for perusal at the proprietors) is sufficient to satisfy the most incredulous as to its sovereign virtues so repeatedly shown, in restoring, preserving, and beautifying the human hair. In Dressing the Hair, nothing can equal the effects of "ROWLAND'S MACASSAR OIL," on either Natural or Artificial Hair, rendering it so admirably soft, that it will lie any direction : it produces beautiful flowing curls, and, by the transcendant lustre it imparts, renders the head dress truly enchanting; It preserves the coiffure in the heated atmosphere of the ball room, and neutralizes the effects of a damp atmosphere, or violent exercise. See Advertisement.