23 Plans of Registering Deeds in 1671 and 1678.-Abstracts of Recent Statutes. of Personal Contracts, humbly offered to FORGERY OF STAMPS, &c. 3 & 4 W. 4. c. 97. This writer, quoting that part of the preface of the pamphlet last noticed, distinctly denies its truth, and affirms that lands sell well; that where there is one seller there THIS act is intituled, "An Act to prevent the are two buyers, &c.; and therefore, that selling and uttering of Forged Stamps, and to there is not a disease requiring such a dan-Waters in Great Britain, and to allow a Drawexempt from Stamp Duty artificial Mineral gerous remedy:back on the Exportation of Gold and Silver enacts As to Licensed Dealers in Stamps. "For in case there should, in a thousand Plate manufactured in Ireland." It received several estates in fee simple, be one incum-the royal assent on the 29th August, 1833, and bered with a concealed mortgage or entail, which is the greatest proportion, I am confident, any man can imagine there can be; a for I myself am acquainted with the estates of some hundreds of persons near together, and have not for these thirty years heard of any secret or concealed incumbrance that ever amongst them was set up to the detriment of a purchaser. Yet in case it should so happen, I cannot conceive that to be a sufficient reason to make 999 other estates subject to such great inconveniences as a Registry will unavoidably produce, for the security of one only estate. The writer then enters largely into the hardship of compelling persons to travel, in order to make these registries, or search for incumbrances; for, he remarks— "It may rationally be conceived, that borrowers or lenders, or buyers or sellers, were better to go to such town where the registry is kept, and have their business done there, than be at the charge to hire a counsellor or solicitor to go with them." "When it is done, away joggs home the joyful mortgagor, for that it cost him but twelve or fourteen pounds out of his mortgage for thirty or forty pounds; and the mortgagee glad that no other mortgage preceded him in the registry." There are many minor evils mentioned in this pamphlet, which I have not extracted on account of their length; but from what has been stated it will appear, that the plan of registering deeds has frequently been attempted, and always failed; that in the instances before us it was grounded on an assertion of numerous frauds from concealed deeds, which assertion was false; and that the plan was considered to be mischievous and perplexing to the people, invented by Registring Reformers, for no other end than that of getting offices and employments for themselves. G. a This is precisely the evidence which has been given as the result of long experience at the present day. ED. 1. That from the commencement of this act it shall be lawful for the Commissioners of Stamps, by writing under the hands of any two or more of them, to grant a license free of expense to any person whom they in their discretion shall think fit and proper for the purpose (not being a distributor of stamps appointed by the said Commissioners, nor a subdistributor appointed by any such distributor), to vend and deal in stamps at any place or places in Great Britain to be named in such license: Provided that every person to whom any such license shall be granted shall enter into a bond to his Majesty, his heirs and successors, in a penal sum of one hundred pounds, conditioned that such licensed person shall not sell or offer for sale or exchange, or keep or have in his possession for the purpose of sale or exchange, any stamp or stamps other than such as he shall have purchased or procured at the head office for stamps in Westminster or Edinburgh, or from some distributor of stamps duly appointed by the said Commissioners, or from some person licensed to deal in stamps under the authority of this act: Provided always, that such bond shall not be liable to any stamp duty, and that one license and one bond only shall be required for any number of persons in copartnership: And provided also, that it shall be lawful for the said Commissioners, whenever they shall think fit, by notice in writing signed by any two or more of them, to revoke and make void any such license as aforesaid. in stamps there shall be truly specified the 2. That in every such license to vend or deal proper Christian name and surname and place of abode of the person to whom the same shall be granted, and a true description of the house or shop or houses or shops in or at which he shall by such license be authorized to vend or thereby authorized or entitled to vend or deal deal in stamps; and such person shall not be in stamps in or at any other house, shop, or place than such as shall be so specified and de scribed in such license. 3. That no person other than such distributor or sub-distributor of stamps as aforesaid, shall vend or deal in stamps in any part of Great Britain without having duly obtained from the Commissioners of Stamps a license for that purpose, which shall be subsisting in force and unrevoked at the time of such vending or dealing; and if any person other than 24 Abstracts of Recent Statutes. said; and if any person licensed as aforesaid shall neglect or omit to cause such names and words to be so painted as aforesaid, or shall neglect or omit to continue the same so painted according to the directions of this act, he shall forfeit ten pounds for every such offence: Provided always, that in the case of several persons licensed as aforesaid in copartnership, it shall be sufficient if the Christian name and surname of one only of such persons be painted in manner aforesaid. port or signify, or be intended to import or signify, that such person is a vendor of or dealer in stamps, such person not being licensed to deal in stamps under the authority of this act, and not being a distributor or subdistributor of stamps duly appointed as aforesaid, he shall forfeit ten pounds for every day such offence shall be committed or continued. Allowance of Stamps. such distributor or sub-distributor as aforesaid shall sell or offer for sale any vellum, parchment, or paper, stamped or marked with any stamp or mark denoting or purporting to denote any stamp duty, or shall exchange any such stamped vellum, parchment, or paper for any other stamped vellum, parchment, or paper, or for any other article or thing, without having duly obtained and having in force such license as aforesaid, authorizing him in that behalf, or in or at any house, shop, or place not specified and described in any such license 6. That if any person shall write, paint, or as aforesaid granted to him, he shall for every mark, or shall cause or procure to be written, such offence forfeit the sum of twenty pounds; painted, or marked, or shall permit or suffer and if any proceedings shall be had for reco- to continue written, painted, or marked, upon very of such penalty of twenty pounds, and it any part of his house, shop, or premises, either shall thereupon appear that any stamp or in the inside or on the outside thereof, or upon stamps impressed on any such vellum, parch- any board or any material whatever exposed to ment, or paper which shall have been so sold public view, and whether the same shall or or exchanged, or offered for sale or exchanged, shall not be affixed to such house, shop, or was or were false, forged, or counterfeit, al-premises, any word or words which shall imthough the same shall not have been so alleged in the information or pleading, then and in such case the said penalty shall be doubled, and judgment shall be given against the offender for the sum of forty pounds, and the said special matter shall be stated in such judgment as the cause of such increase of penalty; and if on any such proceeding any issue shall be tried by a jury in which the selling or exchanging, or offering for sale or exchange, of such vellum, parchment, or paper, with any stamp or stamps thereon, shall be in question, such jury shall be required to say whether such stamp or stamps was or were false, forged, or counterfeit, or not: Provided always, that nothing herein contained shall extend to exempt any person from the legal consequences of selling, uttering, or having in possession any vellum, parchment, or paper with any false, forged, or counterfeit stamp or stamps thereon, knowing the same to be false, forged, or counterfeit, if such knowledge shall be duly proved in any criminal prosecution or proceeding against such person for any such offence. 4. Provided that it shall be lawful for any person employed to prepare, write, or ingross any deed or instrument liable to stamp duty to charge his employer with the amount of the stamp or stamps impressed on the vellum, parchment, or paper upon which such deed or instrument shall be written or ingrossed, without having obtained any such license as aforesaid to vend or deal in stamps. 7. That it shall be lawful for any stationer or other person who, in the regular course of his trade or business, before and at the time of the passing of this act, shall have been a vendor of stamps, and who at the time of the passing of this act shall have in his possession for the purpose of sale any stamped vellum, parchment, or paper which shall not be in any man, ner spoiled or rendered useless or unfit for the purpose intended, to bring or send the same to the head office for stamps in Westminster or Edinburgh at any time within three calendar months next after the commencement of this act; and it shall be lawful for the Commissioners of Stamps, or any officer of stamp duties duly authorized in that behalf, to receive the same, and to pay to the person bringing or sending the same the amount of the stamp duty thereon, deducting therefrom such per-centage as is allowed by law on the purchase of stamps of the like description from the said Commissioners, and also to pay the amount of the va lue of such vellum, parchment, and paper, ac5. That every person who shall be licensed cording to the rates at which vellum, parchunder the authority of this act to deal in stamps ment, and paper of the like quality and descripshall cause to be painted in Roman capital let-tion shall be sold by the said Commissioners; ters, one inch at the least in height and of a and thereupon such stamp shall be immediately proper and proportionate breadth, on some cancelled: Provided always, that the person conspicuous place on the outside of the front who shall bring or send such stamped vellum, of the house or shop in or at which he shall be parchment, or paper to the said head office licensed to deal in stamps, and so that the same shall make proof, to the satisfaction of such shall be at all times plainly and distinctly visible Commissioners or authorized officer, that such and legible, the Christian name and surname vellum, parchment, or paper was actually in of such licensed person at full length, together the possession of such person for the purpose with the words, "Licensed to sell Stamps," of sale at the time of the passing of this act, and such person shall continue such names and shall also make proof in like manner that and words so painted as aforesaid during all the such stamped vellum, parchment, or paper, or time that he shall continue licensed as afore-the stamps impressed thereon, was or were Abstracts of Recent Statutes.-Codification. purchased by the person who shall bring or send the same as aforesaid directly at the head office for stamps in Westminster or Edinburgh, or from some distributor or sub-distributor of stamps duly appointed as aforesaid. 25 session any forged or counterfeit stamp or stamps, it shall be lawful for the said Commissioners, or any three or more of them, by warrant under their hands, to authorize any officer or officers of stamp duties, and such officer or 8. That if any person licensed to vend or officers is and are hereby fully authorized acdeal in stamps shall die, or become bankrupt | cordingly, with the assistance, if required, of or insolvent, or if the license of any person to any constable or other peace officer, to envend or deal a stamps shall expire or be re- ter between the hours of nine in the morning voked, and any such person, at the time of his and seven in the evening into the dwellingdeath, bankruptcy, or insolvency, or at the ex- house, room, shop, warehouse, outhouse, or piration or revocation of any such license as other building of or belonging to any distribuaforesaid, shall have in his possession any tor or sub-distributor of stamps, or of or bequantity of stamped vellum, parchment, or pa- longing to any person licensed, or who at any per, it shall be lawful for such person, or his time within six calendar months then last past executor or administrator or assignee, within shall have been licensed as aforesaid, to vend three calendar months after the expiration or or deal in stamps; and if, on demand of admitrevocation of such license, or next after such tance and notice of such warrant, the door of death, bankruptcy, or insolvency, as the case any such dwelling-house, room, shop, waremay be, to bring or send such stamped vellum, house, outhouse, or other building, or any parchment, or paper to the head office for inner door thereof, shall not be opened, then stamps in Westminster or Edinburgh; and it to break open the same respectively, and to shall be lawful for the Commissioners of Stamps, search for and to seize and take into his and or any officer of stamp duties duly authorized their possession all such stamped vellum, parchon that behalf, to receive the same, and to payment, or paper as shall be in any such place as to the person bringing or sending the same the aforesaid, or elsewhere in the custody or posamount of the stamp duty thereon, deducting session of such distributor or sub-distributor, therefrom such per-centage as is allowed by or person licensed or having been licensed as law on the purchase of stamps of the like de- aforesaid; and all constables and other peace scription from the said Commissioners, and officers are hereby required, upon the request also to pay the amount of the value of such of any person or persons acting under such vellum, parchment, and paper, according to warrant, to aid and assist him or them in the the rates at which vellum, parchment, and execution thereof; and if any constable or paper of the like quality and description shall other peace officer shall, upon any such request be sold by the said Commissioners, and there- as aforesaid, refuse or neglect to be aiding and upon such stamps shall be immediately can- assisting in the execution of any such warrant celled: Provided always, that the person who as aforesaid, or if any person shall refuse to shall bring or send such stamped vellum, permit any such search or seizure as aforesaid parchment, or paper to the said head office to be made, or shall assault, oppose, molest, shall make proof to the satisfaction of such or obstruct any person employed or acting in Commissioners or authorized officer that such the execution or under the authority of any vellum, parchment, or paper was actually in such warrant, or aiding or assisting in the exthe possession of the person so dying, or be- ecution thereof, every such constable, peace coming bankrupt or insolvent, or having had officer, or other person so offending in any of such license which had so expired or had been the cases aforesaid shall forfeit fifty pounds. so revoked, for the purpose of sale, at the time when such person so died or became bankrupt or insolvent, or when the said license expired or was revoked, and shall also make proof in like manner that such stamped vellum, parchment, or paper, or the stamps impressed thereon, was or were purchased or procured by the person to whom such license shall have been granted at the head office for stamps in Westminster or Edinburgh, or from some such distributor of stamps or person licensed to deal in stamps as aforesaid. Search Wurrunts. 9. That upon information given to the Commissioners of Stamps upon the oath of one or more credible person or persons (which oath the said Commissioners, or any one or more of them, or any Justice of the Peace, are and is hereby empowered to administer) that there is reasonable cause to suspect that any such distributor or sub-distributor as aforesaid, or person licensed or who shall have been licensed under the authority of this act, hath in his pos [To be continued.] CODIFICATION OF THE CRIMINAL 8 IN a former number we endeavoured to put our readers in possession of the state of the Codification question. A step has been recently made towards a code of laws in this country, in the appointment of Commissioners to consider the state of our Criminal Law. By the commission nominating them, the Commissioners (Mr. Starkie, Mr. Bellenden Ker, Mr. Wightman, Mr. Amos, and Mr. Austin,) are directed “ to digest into one statute all the statutes and a See 3 L. O. p. 205. tem. enactments touching Crimes, and the Trial | rican society, and would infallibly spring and Punishment thereof; and also to digest up here under the Lord Chancellor's sysinto one other statute all the provisions of the Common or Unwritten Law touching the same; and to enquire and report how far it may be expedient to consolidate the other branches of the existing statute law, or any of them." Here we have the propriety of a code distinctly put for the consideration of these learned gentlemen, and find it at least directed to be entertained by them. I have reason to know, that before last session pains were taken, on the part of the supporters of the principal promoter of the rejected scheme, to procure some sanction from our most important provincial places; and I know, that in two of those places, after very attentive consideration from men well conversant with the subject in all its bearings, and above all suspicion as to interest, the report was decidedly against the scheme. From what I know happened there, I have little doubt AGITATION.-LOCAL COURTS BILL. that the result elsewhere was not far dif To the Editor of the Legal Observer. Sir, As this important subject will soon again come under consideration, it is material that you, at what may be called the headquarters of professional intelligence, should be well acquainted with whatever steps may be taken, not in the nature of fair discussion of an important subject, but in the way of partizan tactics in favour of a party question. ferent; and indeed, enough would certainly have been made of it had it been otherwise. As far as I can judge, the feeling no where went further than a disposition to let the matter be fairly and dispassionately considered, and no where was any one in favour of taking steps implying confidence in the propriety of the plan proposed. From the same opportunity of local information, I think it right you should know that there is in certain quarters no disposition to let this neutrality continue; that a species of agitation will, if possible, be set on foot; the conductors of which, I suppose, will find more favor than those unfortunates who may agitate for what they sillily consider of more consequence-the protection of their pockets against an obnoxious tax. Independently of the means of stimulating, which personal visits to important commercial districts have given, there have been letters written, from au thority little less than official, urging the getting up of petitions in support of the bill. The fact is notorious in the country. I can, if necessary, give you abundant evidence of it: and it appears to me, that when this course is pursued, it would be the extreme of false delicacy to have any scruple about letting it be known in town, in order that at least fair play may be had, and that we be not flooded with "hole and corner petitions, about which nobody, except from the accidental imprudence of the parties engaged, would have known any thing till they appeared in Parliament, but which would, of course, be treated as the natural ebullition of popular and commercial Hitherto it is clear, that as a popular question, there has been perfect indifference on the subject of the Local Courts project; and as a commercial question, the result, as far as my experience (which is extensive) has gone, is very far from a general conviction that the Lord Chancellor's scheme would be at all conducive to the profit or convenience of traders; though it might furnish facilities (and many think improper ones) for remedying the consequences of credits already far too loose and general between small shopkeepers and their customers. I believe that almost all reflecting people are satisfied that the great correctives are certainty and expedition, which at once cut up the dilatory defences that were the scandal and annoyance of trade; and that a little extension of the 201. clause in the Law Amendment Act, coupled with an improvement of the Courts of Requests, and the power of establishing one readily in every populous district, for the recovery of debts up to 57. (the Judge of each of which Courts might also enter the 201. is-feeling. sues), would put the whole matter upon a healthful footing, without pretension, patronage, expense, or any hazard of deluging the country with that host of petty actions of trespass, tort, &c. which disgrace Ame B. On the Statute of Limitations, as to Rent. ON THE STATUTES OF LIMITATION, 66 By the common law there was no limitation to actions for rent; but by the stat. 32 H. 8. c. 2. § 1, it was enacted, that no person should from thenceforth sue, have, or maintain any writ of right, or make any prescription, title, or claim to or for any lands, tenements, rents, annuities, &c. but within sixty years next before the teste of the same writ, or next before the said prescription, title, or claim." And by sec. 4, it was enacted, "that no person should thereafter make any avowry or cognizance for any rent, suit, or service, and allege any seisin of any rent, suit, or service, in the same avowry or cognizance in the possession of any other whose estate he should pretend to claim or have, above fifty years next before the making of the said avowry or cog nizance. This statute was construed to extend only to customary rents between landlord and tenant, and not to any rent reserved by deed (Collins V. Goodall, 2 Vern. 235; 4 Co. 10 and 11; 10 Ves. 467), or whereof the commencement might be shewn; actions to recover which might, according to the common law, be brought at any time; but in cases where the rent was not reserved by deed, the right of action was for ever barred, unless action brought within the time limited by the statute. The alteration made by the new Limitation of Actions Act (2 & 3 W. 4. c. 27. § 2) is, "that after the 31st of December next, the period within which the action must be brought or distress made, is reduced to twenty years next after the time at which the right to make such distress or to bring such action shall have first accrued." The clauses of the statutes above cited therefore only limit the right of action to recover any rent not reserved by deed; those that follow relate to the quantity that may be recovered when the right is not barred by the above clauses-the former relate to real, the latter to personal actions. By the common law, it appears that not only was the right of actions to recover rent without limit, but the amount of rent, or the length of time for which arrears of rent might be recovered, was unlimited also; (except in both cases by the reign of King Rich. 1;) until it was enacted, by stat. 21 Jac. 1. c. 16, that all actions of debt for arrearages of rent should be commenced and sued within six years next after the cause of action This statute was also held not to extend to actions for the arrears of rent reserved by deed (Freeman v. Stacy, Hutt. 109; 1 Saund. 38 a), which remained therefore recoverable at any time and to any amount, as at common law. a The importance of this subject induces us to insert the above communication, especially as it presents a different view, and includes additional authorities, although the points were considered at some length in our fast number, p. 3. ED. 27 And this statute of 21 Jac. 1 c. 16, is not altered by the 2 & 3 W. 4. c. 27, above mentioned; but by sec. 42 of the latter act, it is enacted, that no arrears of rent (meaning thereby all heriots and all services and suits for which a distress may be made), and all annuities and periodical sums of money charged upon or payable out of any land (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole,) charged upon or payable out of any land, or any damages in respect of such arrears of rent, shall be recovered by any distress, action, or suit, but within six years after the same shall have become due, or next after an acknowledgment in writing signed by the party or his agent." This statute therefore extends the limitation to damages in respect of urrears of rent, and limits the remedy by any distress, action, or suit, whereas the former statute of James was confined to actions of debt. None of the old statutes relate to actions of debt for rent reserved by deed, which actions, as before stated, might by the common law be brought at any time; to remedy which it is enacted by the 2 & 3 W. 4. c. 42, "that after the 1st day of June, 1833 (§ 44), all actions of debt for rent upon an indenture of demise shall be commenced and sued within ten years after the end of the session in which the act was passed, or within twenty years after the cause of such actions or suits, but not after." Thus it appears that the various statutes of limitation of actions for rent now in force, relate 1. To rent reserved by deed; and 2. To rent not reserved by deed. And as to both these species of rent, they limit 1. The right of action, or the period of time within which actions must be brought to entitle the plaintiff to recover any rent at all, 2. Where the right is undisputed, they limit the period of time for which arrears of rent may be recovered. As to the first limitation, According to the old law, the lapse of fifty years (32 H. 8. c. 2) since the right accrued, was a bar to an action for rent without deed; whereas no time was limited for such an action when the rent was reserved by deed. By the new law, whether the rent is reserved by deed (2 & 3 W. 4. c. 42. § 3) or not (2 & 3 W. 4. c. 27. § 2), the lapse of twenty years is a bar to the right of action. As to the second limitation, According to the old law, arrears of rent by deed might be sued for and recovered at any time; but arrears of rent without deed must have been sued for within six years (21 Jac. 1. c. 16). By the new law, whether the rent is reserved by deed or not, no more than six years arrears shall be recovered, unless upon an acknowledgment signed by the party charged (2 & 3 W. 4. c. 27. § 42). PE. |