Enlargement of all the Local Courts. 19 other clauses, consequental upon it, and providing for a new system of tribunals for trying causes where the debt was under 201.tribunals rendered necessary by the late alterations of the law. "The question was, whether their lordships would feel themselves fettered by form from adopting these judicious and useful amendments? They established a new system, and a new set of tribunals, and instead of coming in the shape of a bill, to pass through its various stages, the house was called upon in one discussion upon them, as amendments, to adopt or reject them. This was inconsistent with ordinary parliamentary usage; their lordships must decide whether they would allow it in this case; he might just mention that in the session before the last their lordships sent to the other house a local courts bill, containing a clause exactly corresponding with this." Now, if his lordship had thought proper to agree to the first class of the Commons' amendments, with the modifications pointed out, we think that justice would have been effectually done. He moved, however, that both classes of amendments, with the alterations referred to, should be adopted. Lord Campbell concurred in the amendments of the House of Commons ; “But he entered his solemn protest against the course which had been taken. Their lord 271 ment measure, it was deemed wise and proper, and as such was supported. He wished also to say, that he had added an amendment to the 9th clause; he thought it right that parties who would be affected should have notice of any change, and it was therefore to be advertised for a month in the London Gazette before it was made. Lord Wharncliffe said it was well to express their disapprobation of the circumstance that, when a bill of eight clauses was sent down, one of 25 clauses should be sent up; in fact, a new bill, which that house could not discuss except on one occasion only. Still, under all the circumstances of this case, and after the explanation that had been given, he was not disposed to vote against this bill. Earl Fitzhardinge observed that great injustice and hardship had been inflicted on a most respectable class, the tradesmen of the large towns in England who were suffering under the present law. At the time the bill passed there was 3,000,000l. of money in debts under 20%., and in Birmingham alone in one year there was 100,000l. owing to different tradesmen in debts under 201. The Commons' amendments were then agreed to with amendments. Thus passed this measure, under the extraordinary circumstances we have stated; and at the time these observations will be in the hands of our readers, the royal assent will no doubt have been given to the bill. ships and the government in that house had considered that all which ought to be done this session was to provide for examining, and if There are three points, however, of necessary imprisoning, debtors under 207., and consolation in the matter:-1st. We preobtaining payment from salaries or annuities sume that, although the government have which they might enjoy; but when such a bill the went down to the other house, the power to enlarge these courts, they government there took a different view, and though the will exercise it gradually and carefully. Solicitor-General, under the auspices of the They need not proceed till the result of Home Secretary, had the conduct of the bill, it the other part of the bill has been ascerwas returned with these extraordinary powers tained. Then they may try the measure given to the crown. Here was, therefore, an in a few places only at first, and wait the important independent measure to pass through effect before they proceed further. only one stage. He would not, however, be the means of rejecting this bill, which his noble and 2nd. The concurrent jurisdiction of the learned friend so strenuously supported. It superior courts will, as we understand, was a mockery to oblige a person to sue in the remain untouched. Creditors need not Court of Queen's Bench or Exchequer for a resort to the inferior courts unless they debt under 201.; but he doubted whether it would not be better to create local courts or extend the county courts, rather than give more power to the courts of conscience, which were often the cause of great vexation and abuse. The Lord Chancellor said this was not a government measure. When it went down to the other house of parliament it was taken up by learned gentleman who was not at the time Solicitor-General. And it would not have been con actions where the sum amounts to 107. 3rd. The other parts of the bill, - the power to compel the surrender of every kind of available property, is an act of a justice to creditors, who were previously left without remedy. - fession must endeavour to protect, as well The evil is thus palliated; and the pro sistent if, on account of his change of position, he had abandoned the measure. He admitted, however, that, on its going down from that to their own interests, as those of the public; the other house, although it was not a govern- for they are united in one object, of pro 272 Lord Brougham's Conveyancing Bills.-New Statutes. curing a due administration of justice. this proposal should have met with a less We apprehend, however, that justice will fortunate fate than the conveyance of real not be satisfactorily administered in any property bill, does not appear. The great but the superior courts. landholders, or their agents, can perhaps explain it. The present impression amongst practitioners in this department of the profession is, that few, if any, will avail themselves of the facilities or advantages the short forms are supposed to afford. Time will show the truth. Those whom it concerns will consider whether the clause will be of any avail which authorises the taxing officer to consider, not the length of a deed prepared under the act, but the skill and labour employed and responsibility incurred in the preparation thereof. In the few transactions to which the short form applies, we apprehend "the skill and labour will be very small, and, if the act be effectual, "the responsibility" cannot be much. The taxing officer, therefore, will hardly be justified in allowing more than the usual charge according to the length of the deed. Another bill, from the same quarter,the Documentary Evidence Bill, has also passed. This appears to be a useful measure, because it saves needless expense in the trial of a cause, which could not benefit either party, and tended only to swell the amount of legal charges, and sometimes to obstruct a fair trial of the merits of a cause. NEW STATUTES EFFECTING ALTERA- CANAL CARRIERS. 8 & 9 VICT. c. 42. [THIS act, though not affecting the practitioners of the superior courts, is important to be known, particularly by our country readers, and we therefore print it.] An Act to enable Canal Companies to become carriers of goods upon their canals. July 21, 1845. Enabling canal companies to carry goods on their canals, or canals communicating therewith. With due submission, the better course -Whereas by divers acts of parliament railway would have been, to allow the taxing companies have been empowered to convey master to exercise his discretion in all upon their railways all such goods, wares, cases, and not in cases under the act only. merchandize, articles, matters, and things as Conveyancers might then have been in- may be offered to them for that purpose, and to make such reasonable charges for such conduced to exert their ingenuity in conveyance as they may from time to time deterdensing their forms. However, this clause mine upon: And whereas greater competition is, no doubt, fairly intended to do justice for the public advantage would be obtained if to the practitioner: it is a beginning, similar powers were granted to canal and navithough a small one, and we hope will be gation companies which have from time to followed, in future law reforms, by some-time been incorporated or established under the thing more substantial. authority of parliament; but such beneficial purpose cannot be effected without the authority of parliament: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, The bill rendering the assignment of outstanding terms unnecessary, has also passed. It is questionable whether, in most cases, it will not still be the safer course to obtain an actual assignment of 1. That from and after the passing of this the term. We hear of doubts and difficul- act it shall be lawful for the company of proties in certain cases of ejectment as appli-prietors, trustees, or the undertakers of any cable to the effect of this aet, and shall canal, river, or navigation, or their respective look into the points in question in due committees, directors, or managers, or their time. superintendents or other agents by them duly authorised, to carry as common carriers for their own profit upon their respective canals, The bill for establishing short forms of rivers, or navigations, or upon any railways or leases appears to be put off sine die. Why tramways belonging thereto, and constructed New Statutes Effecting Alterations in the Law. 273 under the powers of their respective acts of sufficient number of competent persons for parliament, or upon any other canals, rivers, those purposes, and to demand and receive for or navigations communicating therewith, either the use of such boats, and for such hauling, directly or by means of any intermediate canal, tracking, or towing, such reasonable hire or river, or navigation, all such goods, wares, remuneration as shall be fixed by the respective merchandise, articles, matters, and things as committees, directors, or managers of such may be entrusted to them for that purpose, canals or navigations, or as shall be agreed and for the better enabling them so to do to upon between them and any person desiring purchase, hire, and construct, and to use and the use of any such boats or vessels, or reemploy, any number of boats, barges, vessels, quiring such hauling, tracking, or towing. rafts, carts, waggons, carriages, and other con- 4. Tolls, &c. to be charged equally to all veniences, and also to establish and furnish persons.-Provided always, and be it enacted, such haulage, trackage, or other means of That all charges to be made by any such comdrawing or propelling the same, either by pany for the carriage of any such goods, wares, steam, animal, or other power, or for the pur- merchandize, articles, or things, or for the use pose of collecting, carrying, conveying, warehousing, and delivering such goods, wares, merchandize, articles, matters, and things, as to any such company or undertakers shall seem fit, and to make such reasonable charges for such conveyance, warehousing, collection, and delivery as they may respectively from time to time determine upon, in addition to the several tolls or dues which any such company or undertakers are now authorised to take for the use of their said canals, navigations, or railways. of their boats and other vessels, or for the supply of haulage, trackage, or other power, shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or otherwise, in respect of all goods, wares, merchandize, articles, and things of a like description, and conveyed or propelled in a like boat or vessel at the same rate of speed, and passing along the same portion of any such canal or navigation under the like circumstances, and no reduction or advance in any of such charges shall be made, either directly or indirectly, in favour of or against any particular company or person passing along or using, or sending goods, wares, merchandize, articles, or things along the same portion of any such canal or navigation under the like circumstances. 2. Company to be subject to the bye laws of any other company upon whose canal they may act as carriers.-Provided always, and be it enacted, That any such company, commissioners, trustees, or undertakers using or employing any steam power for propelling by means of paddle wheels, boats, barges, vessels, or rafts, 5. Company may sue and be sued as carriers, upon any canal, river, or navigation, (other and may prefer indictments. And be it enthan their respective canals, rivers, and naviga- acted, That any canal or navigation company tions,) shall use and employ the same, subject exercising the powers by this act granted shall to such bye laws, rules, and regulations touch- have all the same powers and remedies for reing the construction, dimensions, power, rate covering any sum or sums of money which of speed, and otherwise, of such boats, barges, shall or may become due and owing to such vessels, or rafts so propelled by steam as afore- company as carriers, or for the use of any said, as the directors, commissioners, or un-boats or vessels, or for the supply of any dertakers of the canals, rivers, and navigations haulage, trackage, or other power, by virtue of respectively on which such last-mentioned this act, as are given to them respectively by boats, barges, vessels, or rafts shall be used and employed shall see fit to make and publish in that behalf, and they are hereby authorised and empowered to make and publish such bye laws, rules, and regulations, and from time to time to add to or amend the same, as need may require; but it is hereby expressly provided and enacted that any bye laws, rules, and regulations so to be made and published shall be made equally applicable to and binding on all companies and persons so using such last mentioned boats, barges, or other vessels. 3. Canal companies may provide boats and power for hauling and tracking vessels of other persons. And be it enacted, That it shall also be lawful for any such company, trustees, or undertakers to purchase and provide and use boats and other vessels, and also horses, steam or other power, and machinery, for hauling, tracking, and towing, upon their own canals, rivers, or navigations, or upon any other canals, rivers, or navigations communicating therewith, either directly or by means of any intermediate canal, river, or navigation, and to employ a their said several acts of parliament in reference to the tolls and duties thereby made payable, or they may, at their option, sue for and recover such charges, or any part thereof, in any of the superior courts; and such company may in like manner be sued for any loss sustained by any person or persons employing the said company as carriers, or for any neglect or misconduct of such company or their servants in respect of their conduct as carriers by virtue of this act; and such company may prosecute any indictment or other proceeding at law in respect of any offence arising or being committed in the course of such carrying or other proceeding under this act; and it shall be sufficient if any goods or other things which are set out in any indictment shall be described and laid to be the property of the said company. 6. Provisions in force relating to_common carriers to apply to such companies.— Provided always, and be it enacted, That nothing herein contained shall in any case extend to charge or make liable any such company further or in 274 New Statutes Effecting Alterations in the Law. any other case than where, according to the navigation company is hereby authorized to laws of this realm for the time being, common accept and enter into,) for any period not excarriers would be liable; nor shall anything ceeding twenty-one years from the commenceherein contained extend to deprive such company of any protection or privilege which either now or at any time hereafter common carriers have or may be entitled to, but such company shall from time to time and at all times have and be entitled to the benefit of every such protection and privilege. ment of any such lease: Provided always, that no such letting shall take place unless public notice of the intention to let such tolls, or the part thereof intended to be let, shall have been given by the company proposing to let the same, by advertisement, at least fourteen days prior to the meeting of the directors or managers at which it shall be intended to let such tolls. 9. Lessees to be deemed collectors.- And be it enacted, That during the continuance of any such lease, the respective lessees named therein, and also all persons appointed by them to collect the tolls so let, shall be deemed collectors of the tolls so let, and they shall have the same powers to collect and recover such tolls, and be subject to the same rules, duties, and penalties in reference thereto, as if they had been appointed for that purpose by the company demising the same. 7. Companies empowered to contract with other canal companies.—And whereas, in order to facilitate the conveyance of goods and merchandize and other matters and things in manner aforesaid, it is expedient that canal and navigation companies should be empowered to enter into arrangements with each other in the way that railway companies are authorised, so as to avoid the necessity for a change of boats and other delays arising from a diversity of interest; be it enacted, That, notwithstanding anything in this act or in any of the said acts for establishing or incorporating 10. Lessee making default to be removed.— the said companies contained, it shall be lawful And be it enacted, That if any such lease shall for any such canal or navigation company as become void or voidable, according to any stiaforesaid and they are hereby empowered from pulations therein contained for that purpose, time to time to make and enter into any con- by reason of the failure on the part of the tract or agreement with any other canal or navi- lessee to comply with any of the terms of such gation company, or the commissioners or under- lease, or if all or any part of the rent thereby takers thereof respectively, (and which contract reserved shall be in arrear or unpaid for twentyor agreement such other company is hereby one days after the same shall become payable, authorized to enter into,) either for the division then, upon application made by the company or apportionment of tolls, dues, and charges, or who shall have demised the same, to a justice, for the passage over or along their respective it shall be lawful for such justice to order any canals or navigations, or any branch thereof, constable, with proper assistance, to enter upon or any railways or tramways connected therewith and belonging thereto as aforesaid, of any boats, barges, or of any carriages or trucks drawn or propelled by steam, animal, or other power, of or belonging to any other company, or which shall pass along any other line or canal, navigation, or railway, or for the passage over or along any other line of canal, navigation, or railway of any such boats, barges, or other vessels, carriages, or trucks drawn or propelled as aforesaid, which shall belong to any such company, or which shall pass along their line of canal, navigation, or railway, upon the payment of such tolls and duties, and under such conditions and restrictions, as may be deemed advisable and may be mutually agreed upon, and also to enter into any other contract with any other canal or navigation company that may be deemed advisable; and any such contract may contain such covenants, clauses, conditions, and agreements as the contracting parties may think advisable and mutually agree upon. 8. Canal Companies empowered to lease tolls. -And be it enacted, That it shall be lawful for any such canal or navigation company, from time to time, by lease, to take effect in possession within six months from the letting thereof, to let the tolls and duties or any part thereof, upon the whole or any part of any such canal or navigation, or of any such railways or tramways, to any other canal or navigation company, (and which lease such other canal or any toll house, dwelling house, office, weighing machine, or other building, with the appurtenancés, belonging to the lessors, and remove from the same the lessee or collector or other person found therein, together with his goods, and take possession thereof and of all property found therein belonging to the lessors, and deliver the same to them or any person appointed by them for that purpose. 11. Power to re-let tolls.-And be it enacted, That upon such possession being obtained it shall be lawful for the company having made such demise to determine the lease (if any) previously subsisting, and the same shall accordingly be utterly void, except as to the remedies of the lessors for payment of the rent due, or in respect of any unperformed or broken obligations or conditions on the lessee's part, all which remedies shall remain in full force; and in every such case, either during such proceedings or on the termination thereof, the company may again let the tolls to the same or any other person, or cause them to be collected in the same manner as if no such former lease had been made relative thereto. 12. Act not to apply to canals vested in shareholders, until approved of at a meeting, or in other cases by proprietors, and notices inserted in Gazettes, &c.-Provided always, and be it enacted, That this act shall not apply to any canal or navigation the property wherein is vested in shareholders, nor shall the powers of leasing therein-before contained be exercised Notes on the New Orders in Chancery. readers. SPECIAL CAUTIONS. 275 "The distinction between the times of procedure in town causes and country causes is no longer to exist. (XVI.) "The allowance for copies of pleadings and proceedings in costs, as between party and party, are to be the same in town causes as in country causes (CXXI.); and in many instances the allowance of costs, as between party and party, is increased. (CXX. CXXI.) "The periods respectively fixed for the computation of times, or allowed for taking proceedings, are in many cases varied from the old practice. "Pleas and demurrers no longer require to be entered with the registrar. (XLIV.) by any such canal or navigation company, until the following, which coming from so good a meeting of the shareholders thereof shall an authority must be acceptable to our have been duly convened in such manner as meetings are by their respective acts of incorporation or settlement required to be called or are usually called, and it shall have been determined by a majority of two-thirds of the votes of the shareholders of such meeting assembled, either in person or by proxy, where by such acts of incorporation or settlement voting by proxy is allowed, to adopt the powers and provisions hereby granted, or such and so many of them as it shall at such meeting be determined shall be adopted, or to grant or accept any such lease, nor to any canal or navigation the property wherein is vested in one or more owner or owners, proprietor or proprietors, unless the owner or owners, proprietor or proprietors thereof shall determine to adopt the powers and provisions hereby granted, nor in either case until public notice of any such determination and intention shall have been inserted in the London Gazette in respect of canals or navigations in England or Wales, in the Edinburgh Gazette in respect of canals or navigations in Scotland, and in the Dublin Gazette in respect of canals or navigations in Ireland, and in some newspaper circulating in the county or counties wherein such canal or navigation, or some part thereof, shall pass, one month at the least previously to the exercise of any such powers, whereupon, or immediately after the expiration of such notice, every such company, or their respective committees, directors, or managers, or their agents by them duly authorized in manner aforesaid, may from time to time put in force and exercise the said powers or any of them, in the manner by this act authorized. 13. Act not to exempt canal companies from any general act.—And be it enacted, That nothing herein contained shall be construed to exempt any canal or navigation company who shall adopt the powers of this act from the operation of any general act regulating the manner of charging tolls and other charges upon canals or navigations in respect of passengers, goods, animals, articles, and things of a like description, which may be passed in the course of any future session of parliament. 14. Alteration of act.-And be it enacted, That this act may be amended and repealed by any act to be passed in this present session of parliament. NOTES ON THE NEW ORDERS IN CHANCERY. MR. SIDNEY SMITH, in his "Supplement to a Treatise on the Practice of the Court of Chancery," states the rules, orders, and directions for the regulation of the practice, pursuant to the orders of the 8th May, and amongst other notes gives 66 The writ of subpoena to rejoin is abolished. (XCIII.) Rules to produce witnesses and to pass publication are no longer required to be entered. (XCIII.) "The practice as to obtaining an order for a commission to examine witnesses; as to the right to the carriage of the commission; to joining and striking commissioners' names; to the appointment of commisioners; to the defendant's right to a commission; are entirely altered by these orders. (XCIV-CX.) "The depositions of witnesses are to be taken in the first person of the deponent. (CVII.) "Affidavits are to be taken in the first person of the deponent. (CXXVI.) "The forms of the writs of subpoena are altered, as is also that of a commission to examine witnesses, as well as the oaths of the commissioner and the clerk. "It seems that a decree pro confesso cannot be made on motion. (LXXXI.) "A remedy is provided for the case of a defendant likely to abscond without answering. (LXXII.) The rights and liabilities of a plaintiff or defendant under a decree made upon a bill taken pro confesso, are extended to their representatives, and to persons claiming under such plaintiff or defendant. (XCII.) "A cause may be set down on the plaintiff's default at the request of the defendant. (CXVI.) "The dismission of a bill under certain circumstances is made equivalent to a dismission on the merits. (CXVII.) "The periods of official attendance; the length of vacations; and the days to be kept as holidays are fixed; disputed questions as to the mode to be used in the computation of time, and to be allowed in procedure are set |