Michael D.Heath-Caldwell M.Arch.

Michael Heath-Caldwell M.Arch
Brisbane, Queensland
ph: 0412-78-70-74
alt: m_heath_caldwell@hotmail.com

1836 - 1837 - 1838

George Heath Serjeant-at-Law - aged 57/58
Anne Raymond Heath (ne Dunbar) - aged 49/50

Julia Anna Heath (later Harrison) - aged 29/30
John Moore Heath - aged 28/29
Douglas Denon Heath - aged 27/28
Dunbar Isidore Heath - age 21/22
Leopold G. Heath R.N. - age 19/20
Emma Jane Heath (later Whatman) - aged 15/16

Friday 20 January 1837
Morning Herald (London)

Yesterday appeared to be a grand jubilee among the piratical class of tradesmen called tallymen. No less than 180 cases were disposed of, the plaintiffs amounting to three only! By no way of astonishing coincidence, it was found that the whole of the plaintiffs had made manifold errors, always upon their own side, in sums varying from one shilling to two shillings and sixpence. all of which were detected by the keen eye to the Commissioner, Mr.Dubois, were readily admitted by the immaculate tallymen. It is some satisfaction to the just and to the humane to know that this nefarious system is rapidly getting into disrepute. - - - continues - - -

The Influenze - About 110 excuses were made yesterday both on behalf of defendants and plaintiffs, on the ground of the prevailing epidemic. Those who stayed away were wise in their generation, for the very Court itself is enough to induce disease; it is dark, dank, and unhealthy, everything wears the aspect of misery, and even one half of the officers and sub-officers of the Court are in a most miserable condition. As Mrs.Malaprop would way - Mr.Sergeant Heath 'enjoy' a very bad state of health, and has been compelled in consequence to absent himself from the Court these last three weeks.

Friday 27 January 1837
Morning Herald (London)

Breach of promise of Marriage - - - continues - - -

If all be true that was alleged in Court yesterday, the prevailing epidemic which has hitherto been no great respector of persons, plays sad havoc among the sons and daughters of poverty. In almost every other case from among 200 sickness was pleaded.

The very Court is sufficient to induce disease;and it was truly pitiable to observe the numbers of women and infants who thronged the Court yesterday, and who were literally drenched with rain.
Those whose cases were adjudicated before Mr.Serjeant Heath suddenly found themselves in a most suffocating atmosphere. The ironing stove that garnished this black-hole being in full play yesterday, so much so, that the reporter not being accommodated with a seat, could not stand the transition from one poisonous atmosphere to another, and was glad to make a hasty retreat.

Nothing can exceed the courteous attention of Mr.Sergeant Heath, when investigating the cases that come before them, but surely some little attention might be paid to the personal wants of those whom the mandates of the Court call thither.

The observation is not offered disrespectfully to the executive of the Middlesex County Court, but as an imperative duty to the public.

Thursday 2 February 1837
Morning Herald (London)

Middlesex County Court, Kingsgate Street. - Adjourned Sitting.

Among the annoyance of this court, which, although excellent in its practice, is most abominable in its details, the agency nuisance ought to be brought before the public.

A vast number of idle fellows constantly hang about the court, and introduce themselves to suitors, with a promise to get them safely through their several difficulties. In all such instances the parties are sure to be duped, as both Mr.Sergeant Heath and Mr.Commissioiner Dubois appear to be fully aware of the manifold transactions of this nature daily practised, and have unrelentingly set their faces against such individuals.

In almost nine cases out of ten the parties who sue through individuals calling themselves agents of the Middlesex County Court are mere adventurers, and even if the money can be recovered, the agent is most particularly careful of it - so careful, that the plaintiff has no occasion whatever to trouble himself about the matter. - - - continues - - -

The litigation of the Middlesex County Court is not confined alone to the Central Court in Kingsgate Street. Even the ancient parish and town of Enfield is subjected by law to the visits of Mr.Sergeant Heath on the last Tuesday of every month - Mr.Commissioner Dubois, however, transacts the whole of the business, as also, on the first Tuesday of the month at Uxbridge and Brentford.

The town of Enfield contains a population of about 10,000 inhabitants, and the sitting of the court is held at the King's Arms Tavern, and generally occupies the space of two hours. The litigants are most abominably noisy, and, with the exception of those who attend at Uxbridge, are, perhaps, the most troublesome customers in the county of Middlesex. The Jury are sworn in the same manner as at London. - - - continues - - - -

The Influenza - This Proteus-like visitor has not been unmindful of Enfield, and one-half of the excuses made were upon the ground of sickness; indeed the number of shops which were partially closed fully bore out the assertions made in the court. About 40 cases were disposed of altogether, but nothing transpired to the slightest interest of the public. In the Town Quarter and what is called the Bull-Cross Quarter, the epidemic is said to have been peculiarly mischevious in its effects, and never yet did Enfield present a more mournful aspect than upon Sunday afternoon last.

Saturday 4 February 1837
Morning Herald ( London)

Middlesex County Court.
Improvements of the Court- It was rumoured yesterday that it is the intention of Mr.Sergeant Heath to effect a vast alteration in his court for the benefit of the public.

Defendant is to be divided from plaintiff, and seats provided for all parties. Mr.Commissioner Dubois' court is to be thoroughly repaired, while that in which the learned Sergeant presides is to be pulled down altogether, and re-built; the interior of the building is also to be improved, and, instead of looking as it does now (like a station house), it is to be rendered something decent.
The county will feel particularly gratified with this alteration, and more particularly as the repairs will be done entirely at Mr.Sergeant Heath's expense.

Friday 10 February 1837
Morning Herald (London)

Middelsex County Court, Brentford, Tuesday.

"Tater Time." - A florid-faced venerable old countryman, appeared to support a summons against a little knavish-looking country costermonger, for the sum of 10s.9d, the balance of a sum of £1.7s.9d, for which he had formerly sued the defendant in the Brentford Court.
Mr.Sergeant Heath - Pray, how much money have you received?

Plaintiff, scratching up his ideas - Why, there wor a vive shillings, a vour (four), and a eight, your worship.

Mr.Sergeant Heath - And pray how much do you make of that?

Plaintiff - He he -why you be a better scollard nor I be - (laughter) - but I do think I've had 17 shillin.

Mr.Sergeant Heath - That's right. Now what do you say to this, defendant?

Defendant - I don't know - I karnt tell - (Laughter).

Mr.Sergeant Heath - Now do try, within a year or so.

Defendant - Well, then, may be I've owed the money three years come "tater time."

Mr.Sergeant Heath - What do say, sir? Speak out.

Defendant - Why, as I said afore, three years come next "tater time."

Mr.Sergeant Heath - I don't understand you, sir. Do you mean three years this spring?

Defendant - You've hit it; ay you've a 'ed like a hallmanack - (laughter).

Mr.Sergeant Heath - Don't be impertinen, sir. - What are you?

Defendant - Why, sir,I'm a poor man as werks 'ard - werry 'ard.

Mr.Sergeant Heath - What do you work at?

Defendant - Vy any think, and nothink in pertick'ler. I keeps a 'oss and cart."

The Learned Sergeant cut the matter short, by ordering him to pay 4s a month.

Some most judicious alterations in transacting the business of the court were made yesterday, both at Uxbridge and at Brentford, by means of which the summonses and orders were got through in about half the usual time.

- - - continues - - -

The Talley System - A very respectable tradesman was summoned for the price of a carpet and hearth-rug by a sort of general dealer. The defendant pleaded a total ignorance of the subject, and a sad wife!

Mr.Sergeant Heath - Is your wife in court?

Defendant - Yes, sir.

The Court - Let her be called and sworn.

On being sworn, the following colloquy took place, creating alternate laughter and indignation.

Mr.Sergeant Heath - Pray did you ever have a carpet of the plaintiff?

Witness - Yes. sir, I did.

Mr.Heath - What did you do with it - take it home?

Witness - No, sir; I took it to the house of a friend.

Mr.Heath - And why did you take it to the house of a friend?

Witness - Why, sir, if I said I didn't, I should tell an untruth - (laughter).
Mr.Heath - Did the hearth-rug follow the carpet?

Witness - Yes, sir, it is now in pawn.

After a very minute inquiry, it was found that no communication whatever had been made to the husband, and, consequently, the plaintiff was very properly nonsuited.

In another tally case, which came before Mr. Commissioner Dubois, the sum of 20s. which had been charged for two dresses, was, upon the production of the trumpery, reduced to 5s.

11 February 1837
Charles Heath to Dawson Turner

My dear Sir,
Many thanks for your kind letter received this day, but I am sorry to say that I cannot take advantage of it from the following circumstances.

I have just seen my Binder, Mr.F.Westly - the Father of the Westly in the firm upon whom the Bills you have are drawn, and under the rose [ie sub rosa] he has informed me that both their Agents at "Dublin" and "Edinburgh" have failed and that in his opinion it will much embarrass them - this is all I know but of course must now request that you will send me the Bills on "Westly and Davis" back again.

I have got to receive of Mr.Asher directly, Bill to the amount of about £400 for my books sent to Berlin - and of course Mrs.Petch's guarantee - and about 500 or 600 on Messrs.Perkins, it would enable me to pay you 100 at once of the old Debt.

The money for the Bill on Mr.Miller I shall still hope you will remit me. Your answer my Dear Sir, will greatly oblige me. I think it right to state the Bills will [be] about six months - one or so perhaps a little longer.

I shall receive the M.S. from Lady S.Wortley in a day or two and will forward it to you with some other, likewise the large Proofs you wish.

Believe me always,
My dear Sir, yours most truly,
Charles Heath

P.S. You are aware that my Annuals go to America through Mr.Bacon.

Sunday 12 February 1837
London Dispatch

Court of Requests - Kingsgate St.
Lord Chesterfield and Mr.Hopkins.

The plaintiff in this case was a dealer in glass, and the defendant was a tailor, who, from his overstrained politeness and affectation of the classical, was, among his shipmates, styled "Lord Chesterfield." The amount sought to be recovered was 5s.6d., the price of a gas glass for his shop window. The delivery of the glass was proved, but it was contended by the learned tailor that "if so be a thing didn't fit, vy, as a natteral consequence, it must be a misfit, and he didn't ought to pay nothing for what he couldn't possibly have no us!"

Mr.Sergeant Heath - Do you mean to say that the glass was altogether unserviceable?

Defendant - You are very good, Sir - exactly, Sir - that is just what I meant.

Mr.Sergeant Heath - Was it too large or too small?

Defendant - Neither, Sir. It fitted so tight that I couldn't get it from the brass work; and I'm sure, Sir, you very superior judgment will inform you that if so be glass once gets expanded by hartificial heat, nothing in the world can't prevent it from cracking.

Mr.Sergeant Heath - Very true, but we desire to come at the nature of your order.

Defendant - You're quite a gentleman, Sir. I ordered a glass to fit, and I'm sure, Sir, you know as much, and are so werry competent a judge, that, when I tell you it didn't fit my brass work, why I'm sure you've been far too well heddicated to take any notice of what he has to say. (Considerable laughter.)

Mr.Sergeant Heath - Now, just be good enough to hold your tongue, Sir.

Defendant - Ah, Sir, you jist reminds me of the immortal Mister - - .

Mr.Sergeant Heath - Silence, Sir, silence, or I must give up the case altogether.

Defendant - That's werry kind of you, and jist what I wants - as the great Skenecs once said - -

Mr.Sergeant Heath - Officer, show that person to a seat.

Defendant - You're quite a gentleman, Sir; perlitness is the werry essence of - - -

Here the plaintiff was sworn, and having proved that the glass fitted quite as well as the general run of glasses, and that the defendant had kept it without making any complaint until called upon for the money,

The Jury after a very short deliberation, called upon the defendant to pay the amount claimed, together with costs.

Defendant - I'm sure, gentlemen of the jury, you know enough of human nature, and you, most learned Sir, to feel how very ard it is to pay now-a-days; and if you'll be so obliging as to lay me under the obligation of paying it in a month, I shall feel a most lively interest in all your future welfare. (Immense laughing.)

Mr.Sergeant Heath - Then, Sir, you will pay this amount in a month.

Defendant - Depend upon it, Sir, I'll do as much for you. Good morning, Sir; good morning, gentlemen of the jury. Pray don't disturb yourself. Mr.Officer.

Officer - Yes, Mister, but you got my hat'stead o' your'n; hand us over miern.

Defendant - Beg pardon, Mr.Officer - beg pardon. The necessary exchange having been made, Lord Chesterfield bowed his way out of Court.
- - -
Value of a Horse -

Monday 13 February 1837
London Evening Standard

Middlesex County Court, Uxbridge.

Law, Love and Leather. - Ephraim Hopkins, a very sinister-looking, foreign-headed attorney's clerk, was summoned for 8s.6d., by Giles Merryweather, a country lad of about 18 years of age. Giles was a most remarkable-looking individual, all head and feet - legs he could not be said to be in possession of, and his body, midriff, &c., seemd to be all merged into one long neck, at the top of which was a head as big as a cow cabbage, and adorned with a mouth apparently capable of taking either end of a flitch of bacon.

This sample of rustic beauty had tumbled into love with one Betsy Jones, the servant at a farm three miles and a half from Uxbridge.

Giles had (as he thought) corresponded with Miss Betsy a twelvemonth, and sent a vast quantity of billets-doux, and matter of business notes, to the Dulcinea of his hopes; and, as he simply said, "I wor often mortal wondered why ah never had no hanswer from she." 'Twas the lawyer's clerk all the while working a world of woe for poor Giles; the little official wrote all poor Giles's letters for him, and not only received a shilling each for his troubles, but kept all the answers that poor Betty had got somebody to write in reply - nay, more, he had pretensions to the girl himself, had promised to make her a lady, and seriously advised her to cut "that poor Giles," and, moveover, claimed Giles's letters for (as in fact they were) his own!

Making love by proxy has even been attended with disastrous consequences; but as Giles was far more likely to break his leg than his heart, he merely whistled Illlabolero, an resolved upon summoning the treacherous scribe for all the money back that he had paid him, and it was this stoical determination that brought the parties before Mr.Serjeant Heath at the Uxbridge sitting of the Middlesex County Court.

Mr.Serjeant Heath (to the plaintiff) - Pray what amount do you claim?

Plaintiff. - I wants eight and zixpence, money as I paid he to write letters to she. (Laughter.)
Mr.Heath - But if the letters were written according to your direction, why do you complain?
Plaintiff. - Ees - I give 'us the direction; but he put down a pack o' stuff as I niver 'eard on. He made love to she; and sure, mun, I beant to pay he for coming old Blucher over I. I wants my money back. (Laughter.)

Mr.Heath - What do you say to this, Mr.Hopkins?

Defendant (plucking up a very dirty shirt collar). Say, Sir? - you've no jurisdiction over me, Sir. I'm in the lor - nuthin but a superior court can't touch me. (Laughter.) I contend, sir, that a nonsuit must be entered. You must put the plaintiff "ex curia, ex debito justitiea." (Considerable laughter at the pompous foolery of the defendant.)

Mr.Heath - You may go and sit down, Sir, and trouble me no more with you impertinence. The jury will deal with you as they think proper.

By a tedious series of questions, it appeared that a portion of the money had been advanced by Giles Merryweather to the defendant by way of loan, and that 2s. 6d. of the amount was for a pair of leather leggings, which Giles had lent his quondam friend to go out on a shooting excursion.

The jury, therefore, much to the chagrin of the false Florimel, gave a verdict for the plaintiff, and -
A gentleman present advised Master Giles never to make love again by proxy; at all events, to beware of employing a lawyer's clerk.

15 February 1837
Charles Heath to Dawson Turner

My Dear Sir,
I have the pleasure with this letter of forwarding you another parcel of M.S. and will return for you all I can get.

I am much obliged for your offer respecting Mr.Asher's Bills - With regard to those you name on "Perkins & Co." I have been looking over my memorandum and cannot find any, though I have no doubt you are right. Will you oblige me by sending me by return of Post the dates etc. of these Bills.

I think it right to explain to you that Mr.Bacon is the Agent for Messrs.de Silva & Thomas of Philadelphia - a House similar to Longman in extent of business - almost all the Annuals go to that House. Mr.Bacon sent of mine 1250 Book of Beauty, 1250 Keepsake, 1000 Picturesque, 300 Heath's Drawing Room Portfolio, which at thirteen shillings each the price they pay makes £2470. - There is a balance owing to me of something over £900 as I mentioned in my last - Messrs.Longmans have nothing whatever to do with those I sell abroad - because I sell them at the same price they account for them to me, and if they went through them I should have to pay ten per cent commission which I could not afford.

With regards to the firm of Perkins and Co. you must know that it is in a most flourishing state - indeed the only difficulty they have is in exceeding their orders. They have just go an order from the same quarter they had two or three years since - The Brazils - for Nine Million of Notes which as the Plates are all made, this being the second Order, I need not say will net an immense profit. The order is over £25000 - but as the parties may not wish it known, please say nothing about it.

With many thanks for your kindness on all occasions.
Believe me, dear Sir, Yours most truly,
Charles Heath

P.S. I will place the 10 per cent from the Bills of Ashers which will be £160.

Saturday 4 March 1837
Leamington Spa Courier

Middlesex County Court, Kingsgate Street, Monday.

A "Reg'lar Lark" and a "Wry-Neck's 'Un." -
The legal acumen of Mr.Serjeant Heath and the patience of the jury was put to the test by a couple of Whitechapel bird-catchers - gentlemen who not alone prided themselves on taking anything within their reach, but who could stuff and preserve the article afterwards.

The plaintiff was a tall fellow, with a bird-slaughtering countenance, and the defendant was about the size of Mr.Serjeant Heath, and equally tenacious of his own opinion; and, had he possessed the wig of the learned sergeant, together with the rusty gown and the little old black coat, with a transverse slit upon the right hand cut of the sleeve, he would have made no mean substitute for the adjudication of the manifold knotty grievances that agitate the minds of his Majesty''s subjects in the Middlesex County Court.

The plaintiff sued for 18s. the value of two "wry necks," and the defendant contended that them were there wry necks worn't no reglar wry necks, but mere common larks.,

Mr.Serjeant Heath - May I beg of one of you gentlemen to explain the difference in value of these birds?

Plaintiff - Vy look yer 'ear, there's as much difference atween a wry neck and a lark, as there is atween a wild duck and a tame 'un; and if so be as a wry necker's worth tne bob - vy, a lark would oney fetch a matter of seven. A wry neck's a reg'lar hedge bird, my lord.

Mr.Serjeant Heath - Then you mean to tell us that some common larks have been sold to you instead of wry necks?

Plaintiff - In course I does - and there's as much difference atween 'em as there is in your wig and my 'at - (laughter.) I contends he hort to gim me all my money back again.

Defendant - Yes, wot a lark!

Plaintiff - Lark or no lark, that there jury o' British Englishmen won't go for to let you off. Vy you know'd the birds warn't wrynecks.

Defendant - It warn't for me to know - you hort to 'er know'd. Vy any body knows as how a wry neck's a foreign bird of passage, and one as carn't be cotch'd not at sich times as you ad mine.

A juryman - You seem to be very learned about the matter; pray what are you.

Defendant - Vot am I? Vy a stuffer. I stuffs dogs, and I stuffs birds, and sumtimes I stuffs monkeys; and though I ses it myself, nobody carn't stuff nothink not better nor wot I does. Vy, wen I stuffs an think, you carn't tell it not from life, and I reckerlects -

Mr.Sergeant Heath - silence, sir, and keep to the point.

Defendant - So I vill keep to the pint. I reckerlects a dog wot I stuffed barked reglerly every day as he yeard the chap as used to sarve the family with meat; and if he (the plaintiff) goes to tork about those 'ear birds, vy I shed jest like to know wots the odds.

Mr.Sergeant Heath - If you have deceived the plaintiff by selling him a hedge lark for a wry neck -
Defendant - There now! - vot a lot on it you knows! Vy, a hedge bird I tell yer is a wry neck.

Mr.Sergeant Heath - Well, well, the jury will decide. (Here the learned sergeant charged the jury with considerable gravity, and elaborately pointed out the difference between a wry neck and a common lark, as stated by the contending parties themselves; and, after giving the important subject due consideration, the jury returned a verdict for the plaintiff.

Friday 10 March 1837
Morning Herald (London)

Middlesex County Court - Kingsgate Street. - Thursday

Hogs' Wash and Pig's Meat - If there were no hogs' wash perhaps there would be no pig's meat; and probably, regarding the education of porkers, the Chinese are perfectly right - that is, salting them beforehand, and when the salt is regularly in, give 'em plenty of water - and then they grow (as Peter Crawley saith) till sich times as they bustes.

The following disquisition upon hogs' wash is somewhat instructive. John Hopkins, a costermonger, rejoicing in one eye, and whose contour of visage might be likened unto that of Polyphemus, was summoned by an unshaven, dirty, and dissolute dealer in hogs' wash, for the sum of £1.4s for sundry pails of wash supplied to the defendant's pigs.

Commissioner - What description of wash was this?

Plaintiff - Oh, reglerly good stuff - as fat'ning as taters, and lots of vegetables in it - (laughing). I could feed any think on it.

Mr.Sergeant Heath - And what did you charge per pail?

Plaintiff - On'ey a penny a pail; and there was 'nuff wedgetables in it to make reg'ler dairy-fed pork. You never seed no better. Here's a sample.

Here the plaintiff produced a John Arthur Roebuck pannikin with a "kiver" on it, and politely begged Mr.Sergeant Heath to say if ever he seed any like it that was better?

Mr.Sergeant Heath very gravely said "No;" and asked the defendant what he had to say?

Whereupon the defendant uttered the following defence:-

"My lord, I 'ad a sow as far'rered, and this ear good genleman as s'plied me with wash said as how he hadn't got no objection to take one of my pigs, and he'd be werry happy to sarve me with wash. Well, so I'grees. But vat does he send me in? Why, nuffin but sich a things as greazy licker (liquour) - no taters in it - no bones - nor any think like wash - what I calls wash. I denies the thing in totum - and I shan't pay it.

Mr.Sergeant Heath very learnedly charged the jury upon the subject of hogs' wash, and in about three-quarters of an hour the jury came to a verdict for the plaintiff for one-half the amount claimed.

Monday 20 March 1837
Caledonian Mercury

Glasgow, Kilmarnock, Paisley, and Ayr Railway.

This bill went into Committee today for the first time, and the attendance of Members was respectable. J.Dunlop Esq., M.P. for Ayr was elected Chairman. Several objections were made by Mr.Sergeant Heath for the opposers of the bill, but as they had all the appearance of that class usually resorted to for delay, they were overruled by the Committee.

Mr. Sergeant Merewether then opened the case of the promoters of the bill, and after enumerating the advantages to be derived from carrying it into effect, he concluded by called his witnesses.
The first examined was Provost Farquharson of Paisley,who went into a detail of the traffic between Glasgow and Paisley, and had not concluded when the Committee were summoned to attend on the Speaker at prayers.

Counsel for promoters, Mr.Sergeant Merewether. Agents, Messrs Swain, Stevens, and Co. For the opposers, Mr.Sergeant Heath. Agents, Messrs Richardson and Connell, and Spottiswoode and Robertson.

Tuesday 4 April 1837
London Courier and Evening Gazette

Committee of the House of Commons - (This day.) -

The Trinity (North Leith) Harbour Committee met for the first time this morning, when an application was made by Sergeant Heath for a short adjournment, on the ground that the opponents of the bill, in consequence of the House not having met yesterday, had no time to present their petitions, and consequently could not proceed in their opposition to the preamble.

After a short discussion the proposition for this morning - those on the Glasgow Police and Stamford Water works bills, in neither of which any business was transacted, the number of Members present not being sufficient to form a quorum.

Thursday 6 April 1837
Morning Herald (London)

Middlesex County Court - Mr.Sergeant Heath has introduced some new and most valuable arrangements for fascilitating the business of the court. The registrar accompanies either Sergeant Heath or Mr.Dubois, and while the one is trying the disputed cases, the other settles those where the mode or amount of payments only forms the bone of contention; hence many hours of valuable time is gained; and both at Uxbridge, Brentford, and Enfield (the monthly circuit of the Middlesex county court), the advantage is most sensibly felt.

Monday 6 April 1837
Morning Herald (London)

Middlesex County Court - Kingsgate Steet. - Thursday

County Court Miseries - The ruin in Kingsgate Street is not yet improved in its accommodation for the public, and it may be safely asserted that a vast number of colds, rheumatisms, and all the racking pains with which Ariel was threatened, have had their origin in this most disgraceful dungeon.

Ovid, in describing the palace of Fame, says it is perforated with such a number of windows and avenues that the goddess could perceive all that was transacted in the heavens, in the earth, and in the sea; the structure of it was so contrived that it echoed every word that was spoken, so that the palace (says the poet) was always filled with a confused hubbub and was a general rendezvous of speeches and whispers!

What the poet's mind shadowed forth is absolutely realised in Kingsgate Street - soft whispers are breathed in one corner of the building, to which Mr.Commissioner Dubois responds in another corner. The crier bawls, and the more he bawls the greater is his amount of twopences.

Mr.Sergeant Heath shakes his wig in the little iron cage in front of the building, and the little old woman bobs her mob cap and nods her head upon the other side of the road.

In short the opinion of a huge bandy-legged dustman, known about town as Bandy Tom, is not without its weight. "This 'ere place (said the worthy) gets worser and worser, and if so be as it don't come down werry soon - vy - never mind."

A parrot-nosed, wide-mouth'd, semi-Israelitish looking fiddler, named Bryant, summoned a slim, personification of "lengthened sweetness long drawn out" height - Julia Octavius Evans, for the sum of 10s., money alleged to have been lent. The case afforded a sad expose of the art and mystery of modern fashionable song writing and modern musical composition, where the very scum of false sentiment is blended with the parish pudding of the musician (for no baker ever borrowed more or paid back less than your musical composer of these days); and so the poor public are daily beset with "She was a fair and lovely one" - "The gem that sparkles on her brown" - "She sat within Old Bailey walls" - together with two yards and a half of maudlin trash that kitchen wenches look for, and ragged rascals go up and down the streets to vend, taking "sich a thing as broken wittles," or anything else that may emanate either from the kindness or the carelessness of the "sons and daughters of servitude."

The plaintiff, in this case, obtained a wallet, and after a very eloquent admonition to the reporter as to blunders, mistakes, and other matters, which might lead to "pribbles and frabbles," as his great namesake once said, he offered to forward a poetical account of his day's adventure, and as it affords a very fair sample of the Old Bailey school of poetry, it is to be hoped that it will be duly set to music among the other fashionable wonderments of the day -

AIR - "I Stood Among the Cluttering Throng"

I stood among the motley throng - 'Cause I was summon'd there, - And as the moments rolled along - I shiver'd in that ere (suppose air). - A real Piano Bard was I, - And came a curious case to try. - And there my lov'd and only one, - Stood trembling by my side, - And all for verk and labour done, - Afore she was my bride; - But Sergeant Heath - he made a wow, - That I must pay it any how.
Ah, me, that I should ever be - The slave of woman sweet; - For if it hadn't been for she, - I'd ne'er seen Kingsgate Street, - But 'twas a thing I always feared, - My heart is brok't, my spirit seared."

And now let us ask what can surpass this? If it not be set to soft music, why then there's no virtue in sack and sugar. Verily it is Munus Apolline dignum, and no gammon, as the H - -tian Arthur Roebuck M.R. would say.

Thursday 13 April 1837
Morning Herald (London)

Railroad Committee

Manchester, Cheshire, and Staffordshire Railroad and Manchester and Tamworth (South Union) Railroad Committee

This committee on Tuesday again assembled, Lord Francis Egerton in the chair, it having been arranged the preceding day, after counsel had been heard on the subject at considerable length, pro. and con., that the south union line should be opened first.
- - -continues - - -

The following examination was then gone into:-

Have you obtained from the Stamp-office returns of the number of licensed coaches which run from Manchester, Liverpool and other places? - Yes, I have.

How many coaches run to and from Manchester every week, according to that return? - The number of stage coaches is 2,424.

That run to and from Manchester every week? - Yes.

Is there any place in the kingdom, except London, where so many coaches run to and from it? - No.
What is the next town after Manchester, where the coaches are most numerous? - According to the returns, I find it is Birmingham.

How many coaches run to and from Liverpool every week? - There are 730 only.

How many of the coaches leaving Manchester run southward in the line of the projected road? - There are 631.

- - - continues - - - -
Glasgow, Paisley, and Greenock Railroad Committee

Shortly after this committee has yesterday assembled,

Mr.Merewether stated that on Friday - the next day that the committee would again assemble - it was his intention to raise the point, and take the opinion of the committee upon it, as regarded the right of hearing and entering upon a petition which had been laid before the House of Commons, and by the house referred to the committee from the trustees of the turnpike road of the county of Renfrew, who sought to oppose the bill, which he had the honour of now supporting.

Mr.Sergeant Heath submitted that it was quite irregular to proceed in such a manner, for, in other words, it was shutting out the petitioners from going into any consideration of the preamble of the bill. The interests of his clients could not be so treated, for it would be depriving them of their undoubted rights, and preclude them from obtaining justice.

Mr.Sergeant Merewether insisted that he was acting in conformity with the usual practice, and on Friday he should proceed as he had intimated.

Mr.Sergeant Heath (with some warmth) - Really, this is very extraordinary. I cannot permit my clients' interests to be so sacrificed.

Mr.Sergeant Merewether regretted that he should have raised the ire of his learned friend, for even he was moved - (a laugh).

Mr.Sergeant Heath - No, no; for it is impossible that any person can be angry with my learned friend's manner. I am only anxious for the interests of my clients. I am the opposer here, and I submit to the committee that until I open my objections, my learned friend cannot proceed on that petition.

Mr.Sergeant Merewether again repeated that on Friday he trusted he should be able to show that he was quite regular in his application, and he had now given this notice, in order that it might not be said that his learned friends had been taken by surprise.

An Hon.Member - Let us know exactly the position in which the matter stands. Do you mean to object to the petition on a point of form or on principle?

The conversation then dropped, and evidence was gone into in support of the bill until the hour of adjournment arrived.

Saturday 15 April 1837
Reading Mercury

Police Intelligence - Middlesex County Court, Kingsgate St

Maudlin Musician - Julius Frederick Johnstone was summoned by a music hawker, named Adam Crouch, for the sum of 1/.1s.6d. for sundry sheets of modern music supplied to Mr.Frederick Johnstone at considerably under cost price.

Julius Frederick Johnstone was a curiously formed fellow, and one St.Cecelia would assuredly never have fallen in love with; true, there were no "airs" on his head, but then there were abundance of crotchets within it; in fact the poor gentleman seemed to be altogether made up of discords, and there was no harmony in him.

Mr.Adam Crouch, too, was exeedingly crabbed, and would by no means admit of Mr.Julius Frederick Johnstone's "score;" and hence the following "fantasia" was played off before Mr.Serjeant Heath, at the Middlesex County Court:-

The Court - Have you got your bill, Mr.Crouch?

Mr.Crouch - No Sir, but I can tell you the names of the songs, airs, and pieces I have supplied.
Mr.Heath - Do so then.

Paintiff - I will, Sir. First, then, was "I'd be your shadow," for 2s.6d.; then "I wore the robes of a noble bride," for 1s. - (Laughter); "I cannot love another," for 6d.; "Oh leave me to my horror," at trade price; "She never blamed him," for 4s.; "Dearest will you dance with me?" at half-price, 2s.; "She looked upon her father's door," for 1s.6d.; "She's yours," (founded on fact) for 3s.; "The snow whilte plume her bonnet bore," actually cost me 4s., and I let him have for 3s. But the choicest thing, Sir, I served him with, said the plaintiff, was the celebrated air, written by the lady of a celebrated licenced victualler, "He'd never learn'd to dance;" which, although very scarce, I let him have considerably under prime cost.

A juryman. - Can you favor us with the sight of a copy"

Plaintiff. - Oh yes, Sir. I'll read the words to you; they are considered very fine in the trade I assure you, and the thing is expected to have a very "good run." The music, gentlemen, goes off in B flat. the words are:-

"He'd Never Learn'd to Dance."

"Yes, yes - oh yes, 'twas splendour all, And beauty beam'd around, When at the gay and fancy ball, My own true love was found.
"He was the handsomest of men, That ere was met by chance, We looked - we spoke - but parted; then, 'He hadn't learned to dance.
"He came again - and on his cheek, Joy's radiant smile appeared, And though I longed to hear him speak, The dance - was all I feared -
He came! - bow'd gracefully and low, And I felt quite entranc'd, He wheel'd about - and jump'd Jim Crow - And then I knew he danc'd!"

"There, gentlemen," said Mr.Adam Crouch, "there's something very touching in that air."

"Wery," said one of the Jurymen, who happened to be a licensed victualler; "and if you'll send one on 'em to the 'Dog and Style' my missis will pay for it."

After a few further inquiries, the defendant was ordered to pay the amount claimed in one month.

Tuesday 18 April 1837
English Chronicle and Whitehall Evening Post.

Glasgow, Paisley, and Greenock Railroad Committee

The committee, contrary to what has hitherto been done as regards railroad committees sitting on a Saturday, met on that day, and evidence was again gone into in support of the above-named railway bill.

Mr.Grainger, a civil engineer who had a perfect knowledge, he said, of the projected line of road, as well as the country through which it passes, having given his evidence on his examination in chief, he underwent a lengthy cross-examination, at the instance of Mr.Sergeant Heath, who, with Mr.Sergeant Spankie, appeared on behalf of a number of gentlemen, among whom are Lord Blantyre and Mr.Kibble, through whose property the road will pass, and which, they alleged, it would materially injure, by breaking into pleasure grounds, and destroy the beauty and privacy of their habitations.

A plan of Mr.Kibble's property, called Greenlow House and estate, situate in the immediate vicinity of Paisley, which had, in the course of the investigation been put in, but not verified, was placed in the hands of witness, and some questions were put to him, to which he returned answers, as regarded the portion of the dwelling of Mr.Kibble and his gardens and lawn, when -

Mr.Sergeant Merewether interposed, submitting that his learned friend had no right to such a course of cross-examination without at least having the plan itself verified.

Mr.Sergeant Heath maintained that he was strictly in order in the questions which he had put.
Mr.Sergeant Merewether thought that the committee would decide otherwise. If the object were to prevent a reply from him (his learned friend being unwilling himself to verify the paper, or to call witnesses), his object would be attained should the committee decide against the objection.
The Chairman (Mr.Wallace) - Do you insist upon the evidence remaining upon the notes, Mr.Sergeant Heath?

Mr.Sergeant Heath - Yes, sir.

An Hon. Member (addressing Mr.Gurney, jun., the shorthand writer) - Be so good as read over the questions and answers.

Mr.Gurney - I have just sent away the book, for the evidence to be printed - (a laugh).
After some further conversation between counsel on the subject,

Mr. Sergeant Heath said he must insist on the right of proceeding with the examination of the witness as to the plan, and the room was about being cleared, in order to have the sense of the committee taken upon the point, when,

Mr.Sergeant Spankie thought that his learned friend by his side would be able to do without giving the committee the trouble of dividing.

Mr.Sergeant Heath said he would hereafter, if he found it necessary, take the sense of the committee; but at present he would go on with the plan which was before the committee and which have been verified.

This plan was then put into the hands of the witness, and he was asked to point out some lines marked in it, which he described as a sunk fence, by the lawn of Greenlow House. Another part of it, he said, wa a stream of water.

There being some doubt in the mind of the learned counsel, he having been so instructed by the agent at his elbow, whether the witness was accurate in this detail, and on the question being put to him again he repeated the same answer, adding "I am sure of it, for I know the spot as I do this committee room in Great George Street.

The rest of the day was consumed in examining this and other witnesses, but nothing very material, except to the parties concerned, was elicited.

Adjourned

Sunday 7 May 1837
Weekly Chronicle (London)

Middlesex County Court.

Kingsgate Street - Sewel v Cornish - This case rather ludicrously exemplified the vulgar old saying of "The nearer the church, the further," &c. The plaintiff was a wee-bit, hard featured broker, one learned in the ways of "affidavits and inventories," and who, like "Sam Slick,'" never touched anything that was out of his reach, and never saw anything that was invisible, and yet, withal, he deemed himself the very personification of what Jeremy Bentham always called "knowability,"

The defendant was a lone widow woman, obtaining a livelihood by selling household furniture and other goods, nearly opposite to the prison gates of the House of Corrections! - The plaintiff stated that defendant had undertaken to dispose of for him a violin, together with a case and bow; she had possession of it four about four months, and both he and his daughter had seen it exhibited at her door for sale.

On one unfortunate day, however, some musically-inclined thief had stolen the valuable Cremona in question; and hence he laid his 'plaint for the recovery of its value - namely, £2.

Mr.Sergeant Heath: Was the article exposed outside the door for sale?

Defendant: Yes, Sir; and my shop was left in charge of my little girl.

Mr.Serjeant Heath: What were you to have for selling it for the plaintiff?

Defendant: Nothing, Sir, unless I wished to charge for it; it was altogether a friendly transaction on my part. I had been out to attend a sale, but when I came home I found that the article was stolen. (The poor woman seemed very much excited and hurt at her loss, and the proceedings that had been adopted by the plaintiff.)

Mr.Sergeant Heath (to the jury): This is an action for the recovery of goods entrusted to the defendant, and it what the law calls an action of bailment. Perhaps nothing more difficult to judge and decide upon. The care of goods entrusted to them, but in this case it is not clear than any bonus, or fee, or reward, was agreed for, in order to effect the sale; therefore the defendant was not bound to take more than ordinary care, that is, the same care which she bestowed upon her own goods. The defendant's evidence goes to prove that, although living opposite the House of Corrections, things are daily stolen from before her face, and it therefore behoved the plaintiff, knowing that his property was so exposed, to look more closely after it. It is for the jury to decide whether the defendant had taken as much care of the plaintiff's goods as she had done of her own.
The Jury unanimously agreed that he had.

Mr.Sergeant Heath: Then, gentlemen, that opinion amounts to a verdict for the defendant.
The poor widow expressed her thanks to the jury.

13 June 1837
Charles Heath to Dawson Turner

My dear Sir,
I have great pleasure in sending you the Proofs you want to complete your sets. I regret very much not seeing you but hope to have that pleasure before your departure.

Believe me Dear Sir,
Yours very truly obliged,
Charles Heath

12 July 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner

My dear Sir,
The Bills you were so kind as to cash for me on Mr.McCormick having all run off but 3 or 4 - I do not recollect without referring which - I have made a further sale to him of the Plate of the "Appointed Hour" and some other Proofs of prints.

I enclose three Bills which if you will cash for me I shall have the pleasure of placing £30 to the account of my old Debt. You will see that my mother in law has endorsed them as before.

Believe me Dear Sir,

Yours always truly obliged
Charles Heath

14 October 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner

I have the pleasure by this day's Coach of sending a set of Proofs of the Picturesque Annual for 1838, and a set for the "Children of the Nobility," a new work which is expected to have a great sale.

In a few days I shall forward you the "Keepsake," "Gems of Beauty," "Beauty's Costume" and "Book of Beauty" Proofs - and shortly after the Proofs to "Bulwer's" work for which I gave him 1000 Guineas called Leila or the Siege of Granada.

About 12 months since you were so good as to cash ten bills on Mr.McCormick - all of which are fun off but one due the 29th inst - I have sold him my Proof of the various works for the next year and take the liberty of enclosing in the Tin case seven Bills of Fifty Pounds each which if you would oblige me by cashing I shall feel most particularly obliged.

I shall of course place £35 to the Old Account.

With best respects, Believe me my dear Sir, Yours most sincerely,
Charles Heath

18 October 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner

My dear Sir,
I know not how I could have been so stupid as to send the Bills without my signature but the truth is I am now so busy getting out all my works that I forgot it.

I am much obliged by your kindness in saying you will do them. I have seen Mr.McCormick and got him to shorten the two longest but as he says he gets no return until Xmas he has made the at 3 and 4 months. I hope you will not object to this.

The "Children of the Nobility" is expected by all the Trade to be the selling Book this Year - in fact I have already more than paid all expense by Foreign orders. Mr.Bulwer's Novel will likewise be profitable and I trust all my others. I shall next week forward you some more Proofs

With many thanks, believe me, Dear Sir,
Yours sincerely obliged,
Charles Heath

Sunday 29 October 1837
Weekly Dispatch (London)

To Correspondents.

The Court of Conscience." - Were we to enter into all the cases of alleged perversion of justice in the County Court in Kingsgate Street, our whole paper would be filled with this subject alone. Unfortunately, complainants can have no appeal or redress. The Court stands sadly in need of reform, and the habit which one of the Judges has of whispering his charges to the Jury, instead of delivering them audibly, is scandalous,and ought to vitiate the trial. The case of last Thursday, which our correspondent complains of, seems to us to be of so strong a nature that Mr.Serjeant Heath ought to reverse the decision of his deputy, or to grant a new trial.

Sunday 5 November 1837
Weekly Dispatch (London)

Court of Conscience, Kingsgate Street.

A most extraordinary case has occurred in this singular Court, which deserves the attention of the public. In the cause of Henley v. Williams, a summons for one month's wages for two days' labour, judgment was given against the defendant by the Deputy County Clerk, Mr.Dubois.

On the ensuing Thursday, Nov.2 the defendant moved the County Clerk, Mr.Sergeant Heath, for a new trial, upon five grounds - that the verdict had been given against evidence; that during the trial the Judge had been continually whispering to the Jury; that he had delivered his charge to the Jury in a whisper, and that earwigging and charging a Jury were distinct things, the one being judicial, the other the reverse; fourthly, that the only sentence which defendant could overhear in the charge or whisper, contained a suppressio veri, or the magnum et insolens mendacium, which the defendant interpreted to the Court - "A monstrous and impudent lie;" fifthly, that the Jury consisted of only three Jurymen instead of twelve, as directed by the Act 23 Geo.11.c.33, constituting the Court.

Mr.Serjeant Heath urged that the Act gave no power of appeal.
The defendant replied than an appeal from one Court to another was distinct from the same Court re-hearing a case, and that Lord Mansfield, in Cavil v Burnaford, 1 Burrow, 570, had decided that inferior Courts must grant a new trial only upon the ground of irregularity.

The defendant urged that the case of irregularity had been made out on the ground that the Deputy County Clerk, Mr.Dubois, had whispered the Jury during the trial; that he had given his charge to the Jury in a whisper; that the charge was false, and that the Jury consisted of three persons instead of twelve.

Mr.Serjeant Heath over-ruled all these objections, and stated that there was no irregularity in the Judge whispering to the Jury,or earwigging the Jury in his charge, inasmuch as the Act of Geo.II made the Judge one of the suitors alias Jurymen, with whom he had a right to sit and converse.
A second motion was made to expel the Deputy County Clerk from the bench, on the ground of gross dereliction of duty. It was urged the Mr.Serjeant Heath himself might be expelled by the Lord Chancellor, for malversation of office, he might, on the same grounds, expel the Deputy of his own appointment.

This argument was over-ruled. - The third motion was against an extortion of more fees than the Act of George II. authorised. The defendant showed that the fees claimed for a partial process exceeded all that the Act authorised, even if the case had gone to the extremes of a levy upon goods, or an arrest of the person.

Mr.Serj. Heath said that his new list of fees had been approved of by the Judges, and that some of the charges which appeared beyond the scale of the Act, were made up of several smaller items.
The defendant urged that, even by the Judge's self-made table of fees, he had been cheated to the extent of two shillings and two-pence out of seven shillings and eight-pence; that Mr.Dubois had compelled him to a delay or the proceedings, and for which delay he had been charged this identical two shillings and two-pence, a pretty bounty upon increasing litigation.

The climax of the case is, that even Mr.Serjeant Heath, the maker of his own table of fees, in contra-distinction to an Act of Parliament, acknowledged that things had gone too far in exacting the two shillings and two-pence from the defendant, and the money was duly returned by the Judge's clerk, a miraculous scene in a Court of Justice.

Considering the rapacity of lawyers, and the tenacity of Judges, a defendant getting bak his fee is wonderful.

If one part of the Court if fee-ish, the other is superlatively honest. One Judge making his Deputy-Judge give up an illegal fees is wonderful - "Brother, brother, we are both in the wrong."

The best service that could be done to the public would be by some acute and well-informed reporter watching the proceedings of this infamous Court, and exhibiting them in the public press. Some of the trials are ludicrous beyond all description. The case is extremely singular. The Learned Serjeant is paid by fees, and he appoints a Deputy, and pays him by salary; the Deputy, therefore, has no interest whatever in the fees, but all he makes by mistakes, which increase litigation, goes into the pocket of Mr.Serjeant Heath, and yet, if complaint be made of errors on the part of the Deputy, of a tendency to increase fees, the Judge, who is enriched by the error, says, "I have neither power to correct it, nor to reprove or remove the fee-making Judge" - in fact, his Deputy is absolutely irresponsible, a quality or prerogative not possessed by the Crown itself.

This extortion of the fee being made upon a gentleman who had talent and spirit to expose it, the money refunded - but the litigants of this Court are generally poor and illiterate people, and it may be conceived that when such errors in fee-taking are committed amongst them, the poor wretches must pay the money, or have an execution issued against their persons or their goods.

It is to be hoped that the Act of Geo.II will be altered in the ensuing Session. The County Clerkship is generally sold by the Sheriff for about £10,000. It was refused at that price by the late Mr.Rogers, when a Magistrate at Hatton Garden Police-office.

15 November 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner

My dear Sir,
I had the pleasure by yesterday's coach to send you the Proofs of the "Keepsake," the "Book of Beauty" and the first Nos. of "Shakespeare," the remaining part of the work which will be completed this month you shall have in the next parcel.

You were so kind as to renew for me at £300 Bill, part of the £600 you originally lent to help in the "England and Wales" - that work will be done by Xmas. I was in hopes it would have been much earlier. I mention this because I should esteem it a favour if you would carry on the three Bills for me as they become due till after Midsummer next when the work will all [be] disposed of at Longmans trade sale in May - and I shall have turned it into money - thinking you would not refuse me I venture to mention a Bill for the first 100 which is due on Saturday but of course provided for should you not like to accede to my wishes.

Your answer will much oblige me and believe me Dear Sir,
Always yours most sincerely,
Charles Heath

Sunday 26 November 1837
Weekly Dispatch (London)

County Court of Middelsex, Kingsgate Street.

Mr.Editor - Amongst the almost innumerable and great services which you have rendered to the public by your intrepid, intelligent, and honest exposure of abuses, there are few that can rank higher than that which you are now preforming in your exposure of the County Court of Middlesex.
On petty legislation for the poor, depend the morals of those classes of people which must ever from the real basis of society. Without impugning the conduct of Mr.Serjeant Heath, or his deputy, Dubois, I must say that it would be difficult for fraud or cunning to contrive a law better calculated to make a judge and his deputy turn rogues, and to make the whole Court a mass of swindling and perjury, than that which constitutes this Court.

The honesty and decency, therefore, of the County Clerk and his deputy, are in the teeth of all temptation, and consequently much to the honour of human nature.

But is it not singlur, that whilst you are in the act of exposing the nature and character of the County Court of Middlesex, the superior Bail Court, in Westminster Hall, should contain an illumination of those views of the subject in general, which you propound with such clearness and force.

A motion is made for a write of Habeas Corpus, to release from Lincoln jail a man named Andrews. This Andrews had been a servant, and had summoned his master in June, 1836, for 8/.8s.8d, for wages. The Court of Petty Sessions gave the man all his claim. A long time after, the master summoned this Andrews to a Court of Conscience, to repay the money which he had received under the decision of the Court of Petty Sessions, and from which, by law, there was no appeal.

The Court of Conscience sentenced the man to a repayment and, in default, sent him to jail for 100 days. Mr.Justice Littledale doubts whether this victim can be relieved by a Habeas Corpus. He prefers to grant a rule to show cause why this Andrews should not be discharged out of custody, and this rule is to be served upon the Clerk and Commissioners of the Court of Requests. What a disgusting exposure we have here of such Courts!

The application to the Court of Bail must at least cost ten times more than the whole sum in dispute, and before the rule can be argued in Westminster Hall, the man's hundred days of imprisonment may have expired five times over.

Such is English justice. Even the Court of Messrs Heath and Dubois is purity compared to this.
How disgraceful is it to our public authorities that such Courts should be allowed to exist in their present state, or that such laws should be permitted to exist at all, or should ever have been passed. Of course they cannot exist much longer.

But, with respect to the County Court of Middesex, I am totally unable to reconcile the fees which the judge and deputy exact, with those authorised by the Act of Georeg II. This may be the effects of my dullness or ignorance, but as Mr.Serjeant Heath refuses to give any detached statement of the fees, my ability to make the charge and the authority of the law tally or agree, is certainly excusable.

In a work I have on the subject, I find a table of fees authorised by the Act of Parliament, and if it be correct, the total amount is 8s.9d.

The work sets forth as follows:- "But though the Act authorises no other, or greater fees than the above, the expenses are, in some instances, considerably increased."

The work goes on to show that the Court, in some cases takes actually a hundred per cent from the poor more than the law authorises, whilst in other cases, the Court takes a fee o fees for which there is no authority at all. This work, after giving you a correct list of fees, according to the law, the total amount of which is, as I have already stated, eight shillings and ninepence, has a table of "Fees Now Taken," the total amount of which is 10s.10d.

The work is certainly of no authority; but here is a charge extensively circulated of as great an offence against Judges as they can commit - that of taking more fees than are authorised by law.
This, I suppose, is a calumny, although the statement remains uncontradicted; but one thing is certain, that improper fees may, by accident, be illegally taken in this Court; for, in the case you quote, on a complaint to the County Clerk of too large a sum having been taken by his deputy, Dubois, or his officers, the former gentleman, after much sturdy argument, refunds the money.
The Act of George II, positively directs that twelve suitors, as Jurymen, with the County Clerk, shall determine all suits. Judge Blackstone thus interprets the Act. His words are, Book 3, chap.6, - "The County Clerk, and twelve suitors, shall proceed in a summary way in examining the parties and witnesses on oath," &c.

Mr.Serjeant Heath has contrived to reduce these twelve jurymen to only three, under, what appeared to me a disgusting farrago of special pleading, contrived to get out of the bonu fide meaning of the Act; and the Judge, who can persuade himself, and his auditors, that twelve and three are the same numbers, will find no difficulty in bringing himself, at least, to believe that 8s.9d. and 10s.10d.are the same quantities.

But under the Act of George II, if there be neither an execution on the goods, nor on the person, the total amount of fees is only 3s.8d.; whilst, according to the list of "Fees Now Taken" the amount is 7s.6d. - In the case of Henley v. Williams, the fees exacted were 9s.10d.; and yet, as there was neither execution nor arrest, it would appear that the total amount ought to have been only three and eightpence.

If the Court be misinterpreted, it is its own fault; for it refuses all explanation upon these points of difficulty except a reference to its unintelligible table.

Were we not blessed with the honest Judges in the Court, let us see how this system might be made to work. The County Clerk must appoint a most dishonest deputy. - - - continues - - - -

This important subject must be taken up in Parliament. One single motion in the House of Commons would produce some very strange exposures. Taking leave, for the moment, of the firm of Heath and Dubois, I intend shortly to pursue the subject of Courts of Conscience in general. The County Court of Middlesex is, in its present state, the worst possible specimen of the system
(signed) A Friend of the Poor

12 December 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner

My dear Sir,
I hope you received the Books of my publishing safe from Messrs.Longman & Co. Mrs.Huntsman mentioned that you had not received the Proofs of the "Picturesque Views of Ireland." I believe you will find that you had them with the Proofs of the "Children of the Nobility," - if not they shall be forwarded on the 19th of this month.

The second £100 Bill and next month the third £100 Bill you were so kind as to say you would renew for me becomes due - those for the "England and Wales" with your permission I will send the two together and you can remit me half this month and half next. I shall be glad to hear that you approve of my Book this year and remain Dear Sir,

Yours very truly,
Charles Heath

P.S. I shall have the pleasure of completing your Shakespeare Proofs in a few days - this work is just complete.

20 December 1837
Charles Heath, 6 Seymour Place, London to Dawson Turner. (Banker)

My Dear Sir,
I enclose two Bills which I have made come due after Midsummer and am exceedingly obliged to you for your kindness. I will send you the Books of Children of Nobility and the remainder of Shakespeare's Proofs the moment I get them from the Printers.

I shall receive some Bills on Mr.Asher in a few days amounting to something under £200 - would you allow me to send you them, I shall be happy to allow you the same as usual towards the old Debt, but as I am very poor at this time of year. I trust you will let me make it up to you in some future Discount on the two enclosures.

Believe me, Dear Sir, Yours most sincerely,
Charles Heath

1838