348 THIS Superior Courts: Queen's Bench.-Exchequer. attorney to answer the matters of an affi- minster" and to the 1 & 2 Vict. c. 110, s. 22, davit, where they amounted to a charge which provides that " in all cases where final of fraud and conspiracy connected with judgment shall be obtained in any action or matters not in the exercise of his profession suit in any inferior Court of Record in which as an attorney, and held that he must be at the time of passing this Act, a barrister of proceeded against by indictment. not less than seven years' standing shall act as judge, assessor, or assistant in the trial of "" it shall be lawful for the Judges of causes," any of her Majesty's Superior Courts of Record at Westminster," "upon the application The Court said, that as the matters in ques- of any person who at the time of the com tion amounted to a charge of fraud and con-mencement of this Act shall have recovered, spiracy connected with matters not in the exercise of his profession as an attorney, he must be proceeded against by indictment, and the rule would therefore be refused.' was a motion for a rule nisi on Mr. an attorney of this Court, to answer the matters in an affidavit. Petersdorff in support. Court of Exchequer.. Morton v. Holt. Jan. 26, 1855. COUNTY COURTS. REMOVAL OF JUDGMENT INTO SUPERIOR COURT TO ISSUE CA. SA. A rule was made absolute to set aside a Judge's order removing into this Court a judgment recovered on a plaint in a County Court for the purpose of issuing execution thereon, and also to set aside such execu tion; and held that the County Courts under the 9 & 10 Vict. c. 95, are not "inferior Courts of record" within the 19 G. 3, c. 70, s. 4, and the 1 & 2 Vict. c, 110, S. 22. THIS was a rule nisi to set aside the ca. sa. which had issued in this action, which was originally brought in the Windsor County Court, but removed into this Court after judgment, for the purpose of issuing execution by the order of Martin, B., at Chambers. Griffiths showed cause against the rule, and referred to the 19 Geo. 3, c. 70, s. 4, which enacts, that " in all cases where final judgment shall be obtained, in any action or suit in any inferior Court of record, it shall and may be lawful to and for any of his Majesty's Courts of Record at Westminster, upon affidavit made and filed therein of such judgment being obtained, and of diligent search and inquiry having been made after the person or persons of the defendant or defendants, or his, her, or their effects, and of execution having issued against the person or persons, or effects, as the case may be, of the defendant or defendants, and that the person or persons, or effects of the defendant or defendants are not to be found within the jurisdiction of such inferior Court," "to cause the record of the said judgment to be removed into such Superior Court, to issue writs of execution thereupon to the sheriff of any county, city, liberty, or place against the person or persons, or effects of the defendant or defendants in the same manner as upon judgments obtained in the said Courts at West or who shall at any time thereafter recover such judgment,"" upon the production of the record of such judgment," "to order and direct the judgment" "of such inferior Court to be removed into the said Superior Court," and immediately thereupon such judgment" "shall be of the same force, charge, and effect as a judgment recovered in" "such Superior Court, and all proceedings shall and may be immediately had and taken thereupon, or by judgment so recovered" "had been originally reason, or in consequence thereof, as if such recovered in"" the said Superior Court." The Court (without calling on Lusk in sup. port) said, that the County Courts were created cord under the Statutes referred. The rule by Statute, and were not inferior Courts of Rewould therefore be made absolute to discharge the defendant, upon the terms he should not bring any action. Ross v. Greene. Feb. 5, 1855. DECLARING AFTER A YEAR, WHERE ORDER FOR SECURITY FOR COSTS AGAINST PLAINTIFF ABROAD. A plaintiff being in Canada at the time of the issue of a writ, was called on by order to find security for costs, and in the meantime the proceedings were stayed: Held, that on his return to England he could deliver a declaration upon discharging the order for security for costs, as his non-compliance with the order was not a wilful default. THIS was a rule nisi to set aside the declara tion in this action, on the ground that the plain tiff had not declared within a year. It ap peared that he was a resident in Canada at the time of the writ being issued, and that the defendant had obtained an order to stay until security was given for costs. The plaintiff returned to England in December last, and obtained an order to discharge the order for security for costs, and then delivered his de claration. Aspland showed against the rule, which was supported by Maynard. The Court (after taking time to consider) said, that the fact of the plaintiff not finding security for costs was no wilful default, as he might be unable to do so, and he had a right to come to this country and obviate the neces sity of finding sureties. The rule would therefore be discharged. The Legal Observer, AND SOLICITORS' JOURNAL. Still attorneyed at your service."-Shakespeare. SATURDAY, MARCH 10, 1855. PROGRESS OF THE EXECUTOR AND What grievances, it may be asked, have the TRUSTEE BILL. Public sustained, that demand this extraordinary remedy? Where are the petitions THE Bill for incorporating the share-setting forth the evils which this scheme holders of this Joint-Stock Company, and proposes to remedy? Amongst all the enabling them to trade in trusts and exe- Royal Commissions for inquiring into the cutorships, was read a second time in the state of the Law, and all the Reports which House of Commons on Friday, the 2nd have been published, where shall we find March. Notice had been given that the the foundation for the alteration now urged Bill would be opposed on the ground, not forward? only that it was objectionable in principle, It would seem as if nothing is hereafter to but that if it were proper to be entertained, be effected without the aid of a Joint-Stock it should be introduced as a public Bill, in- Company. There must be a Chairman or asmuch as it sought to effect several im- President, a Deputy Chairman or Viceportant alterations in the Law, which ought President, a Committee of Management, not to pass in the form of a private Bill or "Executive Council," to conduct all our for the benefit of a single Joint-Stock affairs, to manage our property, and to Company. provide for the maintenance and educaIt may be said, with all due deference to tion of our families, their marriage, and the Houses of Parliament, that one of them advancement. Nothing can be done withis more disposed than the other to favour a particular class of legislative measures. Thus, alterations in the Law which are of a popular nature, promising advantages that may never be realised, frequently find favour in the Representative Assembly, where the number is far too numerous to meet the requirements of a deliberative tribunal. A decision, therefore, of the House of Commons in favour of a private Bill, like the present, by no means proves that it will operate as a wise and salutary Law; and it is well that the subject will undergo! a more searching and deliberative investigation in the Upper House. It may be observed that, after a full and patient hearing last Session in favour of the measure before the Select Committee of the House of Lords, and a decision against the principle of the Bill, it is not a little surprising that the project should be again brought forward in the very next Session. VOL. XLIX. No. 1,409. out a numerous Board of Directors, receiving fees for their weekly meetings,some of them just making a brief appearance to "get their attendance marked," knowing nothing of the various details of the Trusts or Executorships which have been taken in hand,-or perhaps availing themselves of information which they may obtain relating to the management of partnerships, mines, or other undertakings in regard to which they have an opposing or rival interest! A paper has been issued in which the following arguments in favour of the scheme are put forward : It is alleged, 1st. "That every one is reluctant to undertake responsible duties for others." This assertion we venture confidently to deny. There are, indeed, some indolent, timid, and selfish persons who gladly escape from the duties of trustees, and the families U 350 Progress of the Executor and Trustee Bill. for whom they are invited to act are better ditional trustee is required the expense is without them; but there are always a suf- small. But the evil of a change of trustees ficient number of friendly, active, and in- is not avoided by the present plan, for the telligent persons to undertake the office of Directors of a Joint-Stock Company are trustee. Where there is any amount of frequently changed, and the change may be property, the family to whom it belongs anything but beneficial. The "Executive will always find friends ready to render them Council" of the proposed Company may, service. Many receive the appointment as at first, be very respectable; but who will a compliment, and as we find no difficulty ensure the continuance of an equal amount in procuring justices of the peace, church- of ability, integrity, and solvency in those wardens, overseers, and other unpaid who may from time to time be elected, officers, so we may safely rely on the rela- when the present members go out of office tions and friends of persons of property to in rotation, or die, or retire? take charge of their affairs. The last ad captandum argument in fa 2nd. "The difficulty of selecting Execu-vour of the measure is "that its optors and Trustees" is urged to show the ponents are the Incorporated Law Society necessity of the Company. of Attorneys and Solicitors." The reply given to the first supposed want refutes also this second point. There is no such difficulty, and especially since the improvements have been effected in the Court of Chancery for the speedy and cheap decision of any point of difficulty in the execution of the trust. 3rd. "The frequent loss arising from incapacity, inexperience, and dishonesty, and the importunities of the cestui que Trusts" is further alleged. Now, it is mere slander on the general body of Executors and Trustees to reproach them with the few instances of defalcation which occur either from inability or neglect. And we believe it to be true that there are, in proportion, as many incapable and dishonest Joint-Stock Companies as there are individual Trustees and Executors. Then it is urged, in support of the Company, that by way of security there will be a Guarantee Fund of 200,000l. If the Society should be successful, this sum will be miserably inadequate to provide for the risk that may be incurred by making either foolish or fraudulent invest ments. Again, it is proposed that there shall be an inspection of the joint-stock accounts by a Government Auditor. This is "the severest cut of all." The opposition must necessarily be conducted for the sake of the Profession, and against the interest of the Public! If, however, it be objectionable that the Incorporated Law Society should oppose the measure because they are attorneys, let it be asked who are the supporters of the Bill? Their names are as follow: 1. James Burchell, Attorney-at-Law. 2. Montagu Chambers, Barrister-at-Law. 3. John Chevallier Cobbold, Attorneyat-Law. 4. Oliver Hargreave, Barrister-at-Law. 5. James Peard Ley, Barrister-at-Law. 6. George Norton, Barrister-at-Law. 7. Thomas Norton, Barrister-at-Law. 8. Charles Gipps Prowett, Barrister-atLaw. 9. Philip Twells, Barrister-at-Law. 10. Henry Ward, Attorney-at-Law. 11. Josiah Wilkinson, Attorney-at-Law. Now, we submit, it is as possible that the Incorporated Law Society may conscientiously oppose the project because they deem it uncalled for or mischievous, as that these seven Barristers and four Attorneys as Directors, and four Solicitors for the Bill, may think it beneficial. We have had experience enough in the winding-up of Joint-Stock Companies, to If the present prejudice in the House of know that little dependence can be placed Commons should prevail, because the Bill on Inspectorships where there is an inten- is opposed by the Legal Profession, and tion to commit fraud, which may by va- the Bill should pass in that assembly rious ingenious devices be concealed. through its various stages,-it will, of The last advantage contended for is-"a course, be brought under the notice of continuous Trusteeship, avoiding the evil the Peers who voted against it last Session, and expense of change." On this head, it and the objections which then overthrew may be remarked, that in many instances it, will be again considered and will doubtthe trust is completed during the lives of less prevail. the trustees, and the property handed over to the parties interested; and where an ad Stamp Duties and Regulation of Newspapers and Postage of Printed Papers. 351 STAMP DUTIES AND REGULATION | following; that is to say, such work or paper OF NEWSPAPERS AND POSTAGE OF PRINTED PAPERS. Ir being deemed expedient to repeal the stamp duties on newspapers and the Acts relating to the printing and publishing of newspapers; and to make further regulation of the duties of postage in respect of printed papers transmitted by post: It is proposed to enact as follows: 1. The stamp duties now payable in the United Kingdom on newspapers, and also the several Acts and parts of Acts specified in the Schedule hereunto annexed relating to the printing and publishing of newspapers, shall be and the same are hereby repealed. shall be printed on not more than two sheets or pieces of paper forming one publication; one of which sheets or pieces of paper shall be stamped with an appropriated die denoting the said postage rate; and on the top of every page of such work or paper there shall be printed the title thereof and the date of publication; and such work or paper at the time when the same shall be posted shall be folded in such manner that the whole of the stamp denoting the postage rate shall be exposed to view, and be distinctly visible on the outside thereof; also no such work or paper shall be printed on pasteboard or cardboard, or on two or more pieces or thicknesses of paper pasted together, nor shall any pasteboard or cardboard, or such pasted paper be transmitted by post with any such work or paper, either as a back or cover thereto or otherwise. 2. Any printed book or printed paper and 5. That during the period of 10 years from any packet of printed books or printed papers the passing of this Act any British newspaper posted in any town or place within the United existing before the 1st January, 1855, and Kingdom, on which there shall be affixed on which is now existing, and the whole impresthe outside thereof a postage stamp or stamps sion of which has hitherto been duly stamped, denoting the rate of postage hereinafter speci- and which shall be hereafter printed and pubfed in that behalf, or which shall be duly in- lished on paper stamped, with such approclosed in a cover stamped, or on which a stamp priated die as aforesaid for denoting the postor stamps shall be affixed on the outside there-age rate of 1d., and the letter-press of which of for denoting such rate of postage, shall be transmitted by the post between any places within the United Kingdom free from any further rate or charge of postage. 3. The rate of postage to be paid for every transmission by post of every such printed book or printed paper, if posted singly, or for any packet of such books or papers, and to be denoted by a stamp or stamps affixed thereon, or by such stamped cover as aforesaid, shall be as follows; that is to say, For any weight of such book, paper, or If exceeding four ounces, then at and after shall not exceed the dimensions aforesaid, shall be transmitted and re- transmitted by the post notwithstanding that the weight thereof may exceed four ounces, but under and subject to the terms and conditions aforesaid in other respects. 6. The rates and duties by this Act directed or authorised to be charged for the transmis sion by post of printed works, books, and papers shall be denoted by postage stamps to be provided or impressed by or under the direction of the Commissioners of Inland Revenue. 7. The Commissioners of Inland Revenue at the request and expense of the proprietor or printer of any printed work or paper shall cause a proper die or proper dies to be prepared under their directions for stamping the paper whereon such work or paper is intended to be printed, to denote the rate of postage by this Act charged for the transmission and retransmission of the same by post; and the said Commissioners shall also cause to be prepared a new die for the like purpose from time to time when and as they shall think necessary; and the reasonable costs and expenses of repairing such dies shall be from time to time defrayed by the proprietor or printer of such work or paper, and be paid to such person as the said Commissioners shall appoint, before any paper shall be stamped with any such die; and every such die shall be appropriated to the particular work or paper, by having the title or some part of the title thereof expressed on such die in such convenient manner and form as the said Commissioners shall deem proper. 4. That any printed work or printed paper not exceeding six ounces in weight, printed and published in the United Kingdom on paper stamped with such appropriate die as hereinafter-mentioned for denoting the rate of 1d., if not exceeding four ounces in weight, or a rate of 1d. if exceeding that weight, shall from time to time, when and so often as the same shall be posted within the period of seven days from the day of the date of the publication thereof, be transmitted and re-transmitted by the post between any places in the United Kingdom (except by the post of a post town addressed to a person within the limits of such town or its suburbs) free from any further rate or charge of postage, but under and subject nevertheless to the terms and conditions Irish newspapers. 8. Paper to be stamped with appropriated dies. Discount to be allowed on stamps for 352 Parliamentary Reports.-Orders in Council-Extension of Com. Law Procedure Act. 9. Commissioners may use dies provided Consolidation or Railway Acts, and one to apunder former Acts for stamping paper under portion fixed rents. this Act. 10. Newspapers may be registered at the General Post Office to entitle the same to the privileges of transmission abroad under treaties with foreign powers. 11. British newspapers sent by post to be subject to the rates and conditions of this Act. 12. It shall be lawful for the Commissioners of her Majesty's Treasury, by warrant under their hands, to allow any printed book, printed newspaper (British, colonial, or foreign), or other printed publication or papers, to be transmitted by the post between places in the United Kingdom, or between the United Kingdom and her Majesty's colonies or foreign countries, or between any ports or places beyond the sea (whether through the United Kingdom or not), either free of postage or subject to such rates of postage as the Commissioners of the Treasury or the PostmasterGeneral, with their consent, shall from time to time think fit. The Commissioners have received the necessary consents to the following inclosures :— Melmerby, Kirkland, Bootle, Cumberland ; North Coats, Lincoln; Bowerchalke, Wilts; Engollan Common, Cornwall; Ulleskelf, Ilkley Cowpasture, York; Thrandeston, Suffolk; Milburn Fell, Westmoreland; Great Broughton, Chester; Dymock, Gloucester; Westwick, Cambridge; Pendine, Carmarthen; Barnes, Surrey; Ramsden Bellhouse, Esser; West Lulworth and Winfrith Newburgh, Dorset; Penlline and Laugan, Glamorgan; the Wash Common, Berks; Horsepath and Shotover, Oxford. The average expense of the inclosure pro ceedings, as far as the office is concerned, up to the time of the assents to the provisional orders, including any expense which may have attended these assents, and which leaves the case ready for Parliament to deal with, is 177. 5s. 13. Power to Treasury to make regulations ORDERS IN COUNCIL.-EXTENSION for carrying the Act into effect. 14. Newspapers and other printed papers sent by post not in conformity with this Act to be charged letter rates of postage. 15. Powers, provisions, &c., of former Acts to be applied. 16. Penalties recoverable under provisions of Act 1 Vict. c. 36. The Acts referred to in the Schedule are 60 Geo. 3, c. 9; 1 Wm. 4, c. 73; 6 & 7 Wm. 4, c. 76; 16 & 17 Vict. c. 63, s. 3; 16 & 17 Vict. c. 71. [This transmission of books and papers, weighing four ounces for 1d., applies only when they are printed. Papers" not printed must, it appears, be paid for as now, at 2d. per ounce.] OF COMMON LAW PROCEDURE ACT. SALFORD BOROUGH COURT. IT is ordered by her Majesty in Council, that subject to such directions as to the persons by whom the powers and duties incident to the provisions of the Common Law Proce dure Act, 1852, as applied to the Court of Record for the hundred of Salford in the county of Lancaster, shall and may be exercised with respect to matters in the said Court; and to such orders and directions for carrying into operation the said provisions in the said Court as in such order is thereinafter contained, the provisions of "The Common Law Procedure Act, 1852," with all requisite PARLIAMENTARY REPORTS AND modifications and alterations, with reference to RETURNS. INCLOSURE COMMISSION. By the 10th annual report of the Commissioners pursuant to the provisions of the 8 & 9 Vict. c. 118, it appears that the number of applications of all kinds since the passing of the Act has been 1,447, and that the number of acres comprised in the applications for in closure and conversion is 440,555. The aggregate average of the several inclo sures confirmed is 144,187. And of the several inclosures now in course of progress, 278,601. the constitution and peculiar circumstances of the said Court and the rules made and to be made in pursuance of the said Act, with the like requisite modifications and alterations shall within one month after such order shall have been published in the London Gazette, extend and apply to the Court of Record for the hundred of Salford in the county of Lancaster; that is to say, all the provisions of "The Common Law Procedure Act, 1852," except as in the said order are excepted. CAMBRIDGE BOROUGH COURT. Since the last annual report, the number of It is ordered by her Majesty in Council, cases received is 262, including 22,332 acres, that within one month after such order shall including 51 for inclosures, 191 for exchange have been published in the London Gazette, all of land, nine for partitions, two for division of the provisions of the "Common Law Proceintermixed land, three in respect of proceed- dure Act, 1854," and the rules made and to be ings under local acts, two for setting out copy-made in pursuance thereof, shall extend and hold and other boundaries, three for applica- apply to the Court of Record of the borough tion of money received under Lands' Clauses' of Cambridge called the Court of Pleas. |