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therein certain duties appertaining to the office of Speaker: and whereas doubts may arise as to the validity of Acts done or proceedings taken by or in the House during the time aforesaid in relation to certain matters regulated by Statute: be it enacted, that all Acts and proceedings which according to the provisions of any Statute are required to be done or taken in the House of Commons with their Speaker in the chair, and which have been done or taken by or in the House while the said Right Honourable Henry Fitzroy was in the chair as aforesaid, shall be and shall be deemed to have been as valid and effectual for all purposes as if Mr. Speaker himself had been in the chair during the time when such Acts and proceedings respectively were done and taken.
CINQUE PORTS' BILL.
THIS Bill proposes to enact as follows:From and after the 30th September, 1855, all jurisdiction and authority of the Lord Warden of the Cinque Ports and Constable of Dovor Castle in the administration of justice in actions, suits, or other civil proceedings at law or in equity, or the execution of judgments, writs, and process connected therewith, shall cease, except as to writs of fieri facias directed to and received by him on or before the 30th September, 1855; s. 1.
c. 105, repealed as to places severed from Dovor; s. 5.
Places severed from Dovor to continue liable to existing debt; s. 6.
Saving as to persons committed or held to bail in places separate from Dovor; s. 7.
Compensations to any persons who may sustain by reason of the passing of this Act, or of any such order or charter, any loss of fees, emoluments, or advantages accruing from offices holden by them, having regard to the tenure and nature of such respective offices to be paid out of moneys provided by Parliament; s. 8.
Prisoners in gaol of Dovor Castle to be removed to county gaol; s. 9.
Saving the rights of the Lord Warden under any Act relating to the adjustment of salvage, or any jurisdiction, power, or authority of the Court of Admiralty of the Cinque Ports, or of any of the officers of such Court, or the rights of the said Lord Warden to or s. 10. in respect of Flotsam, Jetsam, and Lagan;
1st. Of the Total Sum due or paid for Salaries and Office Expenses under the Act 5 & 6 Vict. c. 103, since the passing of the Act, up to the 25th Nov. 1854, 308,714l. 1s. 6d.1 2nd. The Total Sum paid for Compensation
for Loss of Offices and Profits to Officers under the same Act, since the passing thereof, up to the 25th day of November, 1854, 471,262/. 58. 8d.
From and after the 30th September, 1855, writs in all actions, suits, and civil proceedings shall be directed and obeyed, and the jurisdiction of the Courts of Common Law and Equity, and of the Judges, and judgments and process in relation to such actions, suits, and proceedings, shall extend and be exercised and executed in the Cinque Ports, Winchelsea, and Rye, and their several members and liberties, in like manner to all intents and purposes as such writs, jurisdiction, judgments, and process are now directed, obeyed, exercised, and executed in other places in England; and the sheriff and other ministers of counties shall, in the execution of such judgments, writs, and cess, and for all other purposes of civil justice, Salary to George Gatty have the like powers within the Cinque Ports, Compensation to ditto the said towns, and their several members and liberties, as they respectively have in other parts of their counties; s. 2.
3rd. Of the Total Sum paid to each of the late Sworn Clerks appointed Taxing Masters, for Salaries and Compensation, collectively and together, since passing the said Act, to the 25th November, 1854.
Salary to Henry Ramsay Baines 24,027 3 5
On the petition of the inhabitants within the Thanet division of Dovor, which comprises the parishes of Saint John the Baptist (called Margate), Saint Peter the Apostle, Birching- Salary to John Wainewright ton, Acol otherwise the Ville of Wood, or within the brough of Fordwich, or the parishes Compensation to ditto of Sarre, Beakesbourne, and Grange otherwise Grench, her Majesty may order that such parishes or one or more of them to be deemed part of the said county; s. 3.
The justices of Kent empowered to levy county rates in the parishes and places which may be severed from Dovor; s. 4.
51 Geo. 3, c. 36, 5 & 6 Wm. 4, c. 135, and sect. 11 and part of sect. 10 of 6 & 7 Wm. 4,
72,085 0 7
1 This sum does not include the amount of expenses from 25th November, 1853, to the 25th November, 1854, as they are not distinguishable from the expenses of the other offices of the Court, but includes the sum of 72,145l. 4s. 5d. paid to stationers for copying, &c., up to the 25th Nov. 1854.
of November, 1843
Office expenses, ditto
Salaries from the 25th day of November, 1853, to the 25th day of November, 1854
Office expenses, ditto
Diminution in amount of Compensations between 1843 and
8,977 17 4 46,509 16 1
24,488 6 10 4,586 10 22 33,944 6 7
12,565 9 6
5th. Of the Annual Amount of Compensation awarded to each of the said Taxing Masters under the said Act, in the event of their ceasing to hold the said office, and of the Annual Sums to be paid to the Personal Representatives of each of them, as Compensation after their Deaths, and for what number of Years after their Deaths such payments to their Personal Representatives are to continue, and out of what Fund, and by whom, such Payment for Salary and Compensation are now made, and to be made. Annual Amount of Compensation in the event of their ceasing to hold office as Taxing Masters.
These payments are now made out of the Suitors' Fee Fund, and by the Governor and Company of the Bank of England.
2 This sum does not contain the whole amount of expenses, as they are not distinguishable from those of the other offices of the Court, but consists of 800l. for rent, and 3,786l. 10s. 2d. for copying, &c.
LEGAL AND GENERAL EXAMINATION.
A HIGHER test of fitness for the Profession being under consideration, it may be useful to state the result of the investigation which has taken place with regard to persons nominated to clerkships in the various offices of Government. This information has been obtained by a return made to the House of Commons on the
2nd May, 1855, Parliamentary Paper, No. 216. We extract the result of the inquiry in several of the departments.
The candidates are examined in the common rules of arithmetic, such as the rule of three, vulgar and decimal fractions, interest, and discount; and they are required to make an abstract of some official documents, to test their intelligence, and to show that they are able to write and compose correctly.
The general nature of the examination is verbally explained to the candidates, and they are allowed any time not exceeding one month to prepare for it, if desired by them. Customs.
Persons nominated to clerkships in the Customs, upon presenting themselves to take up their appointments are at once required to write from dictation in the presence of a properly qualified officer or clerk, and are examined in the principal rules of arithmetic, and the first four rules of decimal and vulgar fractions.
If upon this examination they are able to and from their answers to the examples in write fluently, without errors of orthography, arithmetic there should appear to be reasonable ground to believe that they will be qualified for the situations to which they have been nominated, they are placed on probation for three months; at the expiration of that period they are subjected to a further examination by the principal of the department, of a similar nature, and as to the knowledge they have acquired of their duty, and should they then be found to be fully qualified, and their conduct shall have been satisfactory, they are admitted to office.
Pursuant to Treasury letter, dated 29th December, 1854, no person is fully admitted as a clerk in the Excise (Inland Revenue) Office until he has been examined, and his proficiency has been ascertained in reading, writing, vulgar fractions, decimals, bookkeeping by double entry, writing from dictation, correspondence, geography, and the history of the British Empire. The person nominated by the Treasury is verbally informed, on presenting himself at this office, of the particulars of the examination. If he profess himself already prepared, his examination would proceed forthwith; but should he require an in
terval for preparation, no objection would be B. Making a precis or digest of papers or made to allow a short time for that purpose.
C. Arithmetic, consisting of addition, subtraction, multiplication, division, reduction, rule of three, vulgar fractions, and practice.
In respect to the metropolitan post-offices, every person nominated to a clerkship is subjected, as a condition of admission into such office, to an examination in penmanship, orthography, and arithmetic; and if the nomi. nation be to a clerkship in the secretary's E. department of the London office, the candi- F. date is also required to draw up a summary of some official case from the original docu
The total number of marks is to be 300, and of these 100 must be obtained to qualify for an appointment.
The numbers to be reported to the Board of Admiralty in every case, and if a candidate shall pass a superior examination, or display peculiar excellence in any of the subjects of examination, a special report is to be made for their information.
All gentlemen hereafter to be appointed to junior clerkships at Somerset House are to undergo an examination, conducted by the Admiralty inspector of schools (the Rev. Dr. Woolley) and one of the senior clerks, who will be specially named for the purpose.
The subjects of examination and the number of marks to be assigned to each subject are to be as follows:
A. Writing from dictation from an English author
Decimal fractions, interest and discount, annuities, exchange, and system of double entry. English history. Geography
The total number of marks is to be 300, and of these 100 must be obtained to qualify for an appointment.
The number of marks obtained are to be reported to the Board of Admiralty in each case, and if a candidate shall pass a superior examination, or display peculiar excellence in any of the subjects of examination, a special report is to be made for the information of the Lords Commissioners of the Admiralty.
All appointments are made probationary for one year, to be revised at the end of that period, and to be cancelled, if requisite, for the public service.
Although persons nominated to clerkships in the Foreign Office are not subjected to any preliminary examination, a rule has been laid down by Lord Clarendon, and applied to all appointments during the last year, that every person nominated to a clerkship is to be considered as appointed only on probation, and if at the end of six months' trial in the office he is found to be unfit, his appointment is to be cancelled. Colonial Office.
Persons nominated to clerkships in the Colonial Office are not subjected to examination as a condition of admission into that office; but all persons nominated to clerkships are compelled to perform a probationary service of one year, after which period they are either appointed on the establishment of the office, or their further services are dispensed with.
The subjects of examination are-
Rule of three, direct, inverse and double.
A précis or abstract of some official docu
Before the term of probation expires, the candidate is examined as to his knowledge of book-keeping.
No particular notice of the examination to be undergone is given. The candidate is apprised of it on his nomination, and usually presents himself for examination within a fortnight or three weeks afterwards.
Legal and General Examination.
1. Persons nominated to clerkships in the Audit Office are subjected to a preliminary examination, which comprises handwriting, English composition, and the following rules of arithmetic, viz.: rule of three, practice, interest, and vulgar and decimal fractions.
2. The examination is conducted by a committee of three persons-the junior inspector, the chief clerk, and the bookkeeper. The questions and answers are in writing, and are submitted by the committee, with their report thereon, to the Board for their final decision.
3. The length of notice given to each candidate that such examination will be required is for a period not exceeding six weeks; the notice is by letter, and the six weeks date from the date of the letter.
4. When a candidate is judged by the board to have passed this preliminary examination, he is admitted to probation. The probationary period is one year, on the completion of which a further examination by the committee takes place in foreign exchanges, and book-keeping by double entry. The result of this second examination is submitted to the board in the manner before described, together with a written report from the inspector and senior clerk under whom the candidate has served, as to his general good conduct and abilities. If the board should be satisfied on these points, they report to that effect to the Lords of the Treasury, and recommend the candidate for appointment to the office.
Subjects of Examination:-1. Writing from dictation; 2. Arithmetic; 3. Geography; 4. History (occasionally).
Mode and length of notice given:-The Examination takes place immediately on the person nominated to a clerkship reporting himself at the office, without any previous
9. He must pass a medical examination, in order to ascertain that he has no bodily ailment likely to incapacitate him from service.
10. When the candidate shall have passed the requisite examination, his abilities are to be further tested by one week's employment in each of the following offices, viz.: The Office of the Secretary to the Board, and the Cash Account Office.
11. The result is to be reported to the Board, and, if satisfactory, the candidate is to be admitted as a clerk on probation for 12 months, and a quarterly report is to be made of his conduct and abilities. Should these further reports be also satisfactory, the appointment will be confirmed.
12. In the case of clerks appointed to foreign stations who, either from want of qualifications or from misconduct, may be deemed by the storekeeper unfit to be confirmed in their appointments at the end of the probationary year, a court of inquiry will be assembled, who will report their proceedings, with their opinion, to the Board.
13. In the case of gentlemen who may be
Candidates will be examined in English grammar and composition, English history, and the British constitution, geography, and arithmetic.
Questions under the above heads, which vary from time to time, are asked of each candidate, who is also required to write correctly from dictation, and in a clear good hand.
The greatest importance will be attached to superiority in English grammar, English composition, and writing correctly from dictation, and in arithmetic to the extent of a practical acquaintance with the rules of three, practice, interest, and vulgar and decimal fractions.
A candidate will be allowed to indicate any book or subject upon which he may wish to be specially examined.
Against the name of each candidate marks will be placed, showing the number of questions answered correctly and incorrectly.
A candidate, having past his first examination, will be admitted a member of the War Office for one year, on probation, when he may be again examined upon the War Office Regulations, and Army Estimates, and the details of a pay-list. And upon passing this examination, if his conduct, diligence, and general attention to his duty has been such as to obtain the approbation of the principals of the room in which he has been placed, he will be ad. mitted a permanent member of the department.
In case of future appointments of clerks in the Exchequer, my lords desire that the party
nominated shall be considered for the first year as on probation, and not to be confirmed without a report from the Comptroller-General to this Board, stating that he is competent to discharge the duties of his situation with efficiency, and likely to become, after sufficient experience, capable of executing the duties of the higher situations in the office. My lords are also of opinion that, as vacancies may occur in the situations of chief clerk and accountant, no claim arising from seniority should be attended to, but the most competent person should be appointed.
SWEARING SCOTCH AFFIDAVITS
MANY of our London readers must have
4. Warranty of Vendor.
5. Carriage by Land and Water. 6. Time, Place, and mode of Payment. 7. Bills of Exchange and Promissory Notes.
S. Factors or Commissionnaires.
9. Opening of a Credit and Loans on Pledge.
10. Marine Insurances, and Insurances by Land.
11. Partnership, Commercial Associa
experienced the difficulty of getting affida- tions, and Public Companies.
vits to be used in the Courts in Scotland sworn in London. These documents are principally used in bankruptcy and testamentary proceedings, and are usually sworn in Scotland before the first justice of the peace whom the deponent can find. The justice is entitled to receive the deposition in virtue of what the law of Scotland calls his voluntary jurisdiction, a kind of authority for which we cannot point out any analogy in our practice.
It has often been found difficult to persuade a police or city magistrate to take a Scottish affidavit; and some justices for Scottish counties resident in London have absolutely refused to do so. All difficulty is now, however, removed by the recent decision of the House of Lords in Kerr v. Marquis of Ailsa (1 Macqueen's Rep. 736), in which it was held, that an affidavit taken in London before a Scottish justice of the peace was valid.
NOTICES OF NEW BOOKS.
The Mercantile and Bankrupt Law of France: a Practical Treatise on the Laws and Regulations which Govern Commercial Transactions in France; and on the Proceedings in Faillite and Bankruptcy. Specially designed for the Use of Merchants and Traders. By HENRY DAVIES, Solicitor; and EMILE LAURENT, Avoué. London: E. Wilson, 1855. Pp. 128.
THIS is a useful volume. The object of the authors has been to state concisely the principles which guide the French tribunals in the determination of questions between English and French merchants, especially in regard to the position in which creditors are placed on the bankruptcy of a French
12. Commercial Suits and competent Tribunals.
13. Law Suits and Proceedings. 14. Law Charges and Expenses. 15. Failures and Bankruptcies. The general rights of aliens are thus described :
"Aliens enjoy before the French Tribunals of Commerce the same rights as French subjects; and the same principles of law which apply to the latter apply equally to the former. in the position of a litigant in France, no mat"The quality of alien makes no difference ter whether as plaintiff or as defendant.
makes, in the preliminary proceedings of a "In one respect, however, the French law suit, a distinction between a French subject and an alien, both as regards the person and the goods and chattels of the latter.
"When a French subject claims a debt, no matter of what amount, of the alien, and proeither of a nature held to be conclusive, such duces in support of his claim written evidence, as a note of hand or an acknowledgment of debt signed by the debtor, or of a character to raise a strong presumption in favour of the claim, such as a bill or invoice extracted from
the claimant's books, the French Tribunal will, upon application, grant a warrant of apprehension against the person of the alleged alien in France. The Court will also, under the debtor, unless the latter has an establishment same circumstances, grant the claimant authority to seize and hold in pledge for his protection, the goods and chattels of his alleged alien debtor.
"The alien may in such cases obtain the release of his person or goods, by paying into alleged debt. The Court will, under certain Court a sum of money equal in amount to the circumstances, be satisfied even with a smaller amount being deposited.
"But if the alleged alien debtor, on his part, can show to the satisfaction of the Court that the pretended creditor is not sufficiently responsible, and that the proof of the alleged
claim is defective, the Court will, in the in