1834. DIBBEN second cause. For this reason, on a motion to set aside the award, it was objected, that the arbitrator had not disposed of the causes; that no judgment could be entered upon the roll, as the arbitrator (even had he The Marquess the power, which was not admitted) had not ordered of ANGLESEY. any entry of a discharge of the jury as to the issues on the special pleas. Barstow, in support of the objection, mentioned the case of Norris v. Daniell (a), as expressly in point. It was plain that the Defendants were entitled to judgment upon some of the issues; but, by the form of the award, they were precluded from obtaining their costs on those issues. * Manning, contrà, contended, that the arbitrator, by ascertaining and describing the rights of common, had disposed of all the matters in dispute dehors the causes; and that it became immaterial to notice the issues on the special pleas after the verdict for the Defendants upon the general issue. If the trespass cause had been tried," as soon as the verdict had ascertained that no trespasses had been committed, it would have been absurd to ask the jury what their conclusion was upon questions founded upon an assumption that those trespasses had been committed. As the jury are sworn to try all the issues joined, it is a proper thing as between them and the Court, that they should be formally told that the remaining issues are become immaterial; but the Plaintiff would have no right to object to the omission of that form, and say that the jury ought to go on and find that which would be repugnant to their first browsed a finding, and introduce confusion, if not error, on the record. 1 1884. DIBBEN V. of ANGLESEY. Lord LYNDHURST C. B. After finding that the Defendants had not committed the trespasses, any enquiry into the truth of the special pleas could only have been The Marquess material with reference to the question of costs. If either party wished to have a decision upon the special issues with that view, he should have distinctly requested the arbitrator to take that course. It is not suggested by the affidavits that any such request was made. I think the arbitrator has substantially disposed of the matters referred to him. The rule must be discharged. PARKE, B. and the other Judges present concurred. IN Hilary vacation Mr. Baron Bayley retired from his office of Baron of the Exchequer; and was succeeded by John Williams, Esq., one of his Majesty's counsel learned in the law, who was called to the degree of the coif, and gave rings with the motto "Tutela legum," and shortly after received the honour of knighthood. J About the same time Sir William Horne resigned his office of Attorney-General, in which he was succeeded by Sir John Campbell, his Majesty's Solicitor-General; and C. C. Pepys, Esq., one of his Majesty's counsel learned in the law, was appointed to the office of Solicitor-General, and received the honour of knight hood. ,ཇཱ་༞།། In Easter term Mr. Justice James Parke quitted the i Court of King's Bench, and Mr. Justice Alderson the " (a) From a gentleman at the bar. Court Court of Common Pleas, for the Court of Exchequer : Mr. Baron Williams quitted the Court of Exchequer : for the Court of King's Bench, and Mr. Baron Vaughan for the Court of Common Pleas. In Hilary vacation Mr. Serjeant Jones received his Majesty's licence to assume and bear the surname of Atcherley, in pursuance of the will of his late maternal uncle. On the 25th of April the following warrant was read in Court, and entered of record: WILLIAM R. Whereas it hath been represented to us, that it would tend to the general dispatch of the business now pending in our several Courts of Common Law at Westminster, if the right of counsel to practise, plead, and to be heard, extended equally to all the said Courts; but such object cannot be effected, so long as the Serjeants at Law have the exclusive privilege of practising, pleading, and audience, during term time in our Court of Common Pleas at Westminster: We do er: We do ་་ therefore hereby order and direct, that the right of practising, pleading, and audience in our said Court of Common Pleas during term time shall, upon and from the first day of Trinity term now next ensuing, cease to i be exercised exclusively by the Serjeants at Law; and 呢 that, upon and from that day, our counsel learned in the law, and all other Barristers at Law, shall and may, according to their respective rank and seniority, have and exercise equal right and privilege of practising, pleading, and audience in the said Court of Common Pleas at Westminster, with the Serjeants at Law. And we do hereby will and require you to signify to Sir Nicholas 1834. Nicholas Conyngham Tindal, Knight, our Chief Justice, and his companions, Justices of our said Court of Common Pleas, this our royal will and pleasure, requiring them to make proper rules and orders of the said Court, and to do whatever may be necessary to carry this our purpose into effect. And whereas we are graciously pleased, as a mark of our royal favour, to confer upon the Serjeants at Law, herein-after named, being Serjeants at this present time in actual practice in our said Court of Common Pleas, some permanent rank and place in all our Courts of Law and Equity, we do hereby further order and direct, that Vitruvius Lawes, Thomas D'Oyley, Thomas Peake, William St. Julian Arabin, John Adams, Thomas Andrews, Henry Storks, Ebenezer Ludlow, John Scriven, Henry John Stephen, Charles Carpenter Bompas, Edward Goulburn, George Heath, John Taylor Coleridge, and Thomas Noon Talfourd, Serjeants at Law, shall from henceforth, according to their respective seniority amongst themselves, have rank, place, and audience in all our Courts of Law and Equity next after John Balguy, Esq., one of our counsel learned in the law. And we do hereby will and require you not only to cause this our direction to be observed in our Court of Chancery, but also to signify to the Judges of our several other Courts at Westminster, that it is our express pleasure that the same course be observed in all our said Courts. Given at our Court of St. James, this 24th day of April, in the fourth, year of our reign. To the Right Honourable Henry Lord Brougham and Vaux, END OF EASTER TERM. |