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CONTENTS OF VOLUME X X X.

New STATUTES EFFECTING ALTERATIONS IN THE Law:

Inns of Court, 89, 129

Seal Office Abolition, 252

Charitable Trusts Bill, 113, 160

Declarations in Bankruptcy, 253

Common Law Process Bills, 153

Sheriffs in Wales, 254

Progress of Law Reform, 169

Changes of Terms and Circuits, 149, 187

Canal Carriers, 272

Small Debts- Enlargement of Local Courts, 296

Original Jurisdiction of Masters, 189

Ecclesiastical Courts 190, 383

Testamentary Dispositions, 313

Real Property, 314

Chancery Practice Bill, 209

Granting of Leases, 315

Drainage of Lands Bill. 211

Qualification of Chief Clerk to the Masters in

Chancery Administration of Justice, 333

Chancery, 217, 259, 277, 283

Admission of Documentary Evidence, 335

Copybold Enfranchisement, 229

Real Property Conveyance, 352

Local Courts Scheme, 249, 333, 356

Assignment of Terms, 354

Mortgages for Draining Lands, 373

Enlargement of all tbe local courts, 269

Bills of Exchange, 375

Middlesex Registry of Deeds, 357

Unclaimed Stock and Dividends, 375

Grievance of the Duties on Legacies, 362

Abolition of Actions for Wagers, 389

Conveyancing Reform and Professional Re-

muneration, 369, 484

County Rates, 390

Substitute for Courts of Request, 383

Bail in Error for Misdemeanors, 395

Compulsory References to Arbitration, 420

Abolition of Fees in Criminal Proceedings, 417 |

Compensation for loss of Fees, 418

Law of Bankruptcy and Insolvency, 460

Removal of Paupers, 431

New BILLS IN PARLIAMENT NOT Passed:

Games and Wagers, 455

Oaths Dispensation, 5

Apprehension of Offenders, 474

Elective Franchise Extension, 6
Jewish Disabilities Relieved, 498

Ecclesiastical Courts, 21
Illegal Lotteries, 498

Real Property Deeds Registration, 113

Malicious Injury to Works of Art, 499

Administration of Criminal Justice, 116

Dog Stealing, 499

Marriage Law Amending, 116

Civil Actions, 137
NOTES ON NEW STATUTES,

List of Public General Acts, 254, 321,363, 384

Legal Results of the Last Session, 289 Local. And Personal Acts, 400, 420, 441

Public Companies' Regulation Acts, 134 PRIVATE ACTS, 465

The Insolvent Debtors' Acts, 349

PARLIAMENTARY REPORTS AND RETURNS :

Small Debts' Act, 309, 359, 397, 418

Court of Chancery Fees, 200

Local Courts Act, 329

Common Pleas Fees, 137

Conveyancing and Leases Acts, 409

Court of Exchequer Fees, 181

Admission of Documentary Evidence Act, 429 Queen's Bench Fees, 120

Renl Property Amendment Act, 449

County Palatine Court Fees, 219

Court of Chancery Act, 469

Copyhold Commission, 260

Seal Office Abolition, 470

Temporary Laws, 23

Declarations in Bankruptcy, 470

Circuit Regulation Commission, 150

Welsh Sheriffs, 470

Railway Committee, 31

Privy Council Appeals, 470

Criminal Law, 485, 499

Usury, 470

PARLIAMENTARY PROCEEDINGS RELATING TO TUE

Canal Carriers, 471

LAW:

Games and Wagers, 489

See last page of each No. during the Session.

Fees in Criminal Proceedings, 490

New Rules, ORDERS, AND REGULATIONS :

Bail in Error on Misdemeanors, 490

House of Commons Private Bills, 360

Jewish Disabilities Relief, 490

Chancery, 40, 51, 73, 92

Malicious Injury to Works of Art, 490

Close Copies of Chancery Records, 101

Apprehension of Offenders, 491

Judges' Orders for Signing Judgments, 142

Illegal Lotteries, 491

NOTES ON THE NEW ORDERS IN CHANCERY, 109,

Dog Stealing. 491

275, 399, 440,493

Smuggling, 491

RECENT Decisions IN THE SUPERIOR COURTS,

County Rates, 492

Reported by Barristers of the several Courts :

Removal of Poor, 492

See Digested Index, pp. 507–516

Illegitimate Children, 492

Decisions UNDER THE SMALL DEBTs Act, 321, 358,

Turnpikes, 492

390, 421

Highways, 492

APPEALS FROM THE DecisionS OF THE REVISING

Rating Stock in Trade, 492

BARRISTERS, 255

Notices Of New Books:

Law REFORM AND SUGGESTED IMPROVEMENTS IN

Neale's Feasts and Fasts, 173

PRACTICE:

Stephens' Ecclesiastical Statutes, 235

Railway Committees, 1, 18

Warren's Introduction to Law Studies, 336
Imprisonment for Debt, 3, 17, 34, 70, 117

Sbelford's Law of Railways, 378
Justices' Clerks Bill, 26, 36

Grady's Law of Fixtures, 437

Inclosure of Commons, 33

Kennedy's Code of Chancery Practice, 495

Lord Brougham's Speech on Law Reform, 49 Nicholls and Doyle's Insolvent Law, 34
Lord Brougham's Conveyanciug Bills, 69, 91, Neale's Real Property Acts, 410
128, 160, 229,272

Stewart's Real Property Acts, 452

CONTENTS.

NOTES ON EQUITY : .

POINTS IN BANKRUPTCY :

Charity-Doctrine of Surplus, 4

Validity of Execution before Fiat, 24

Enrollment of Decree-Appeal, 20

Bankrupt's promise to pay Debt, 473

Injunction, 34

Jurisdiction in Equity as to Bankruptcy, 34

Clause against Anticipatior, 38

Trader, 224

Foreclosure, 51

Warrant of Attorney when valid, 495

Marriage Act, 51

Specific Performance, 51

POINTS IN CRIMINAL Law:

Original Bill in nature of Supplemental, 192 Attempt to Poison, 110
Infant Plaintiff by next Friend, 211

Assault, 110
Next of Kin, Civil and Common Law, 211

Law of MARRIAGE AND DIVORCE:
Notice to Trustees on Disposition of Equitable
Interest on Personalty, 170

Conflicting Decision, 262.
Privileged Communication, 201

Expense of proceedings in Parliament, &c., 292
Voluntary Deed, how far enforced in Equity, 259 Presence of Priest, 134, 158
Grammar School. - Religious Education, 320

Validity of Marriage, 224.
Sentence of the Ecclesiastical Court-how far LAW OF Costs :
binding on the Court of Chancery, 355

Insolvent Debtors' Petition, 187
Appeal-Stay of Proceedings, 471

Allowance for Short-hand Writers' Notes, 282
Trade Marks-Injunction, 497

Attorney's Costs of Attendance, 318)
Issue of Devisavit vel non, 497

Costs payable by a Railway Company, 318

POINTS IN COMMON Law:

Taxation of a Solicitor's Bíll, 319

Taxation, 397

Broker-Special Contract-Negligence, 21 Witnesses examined on Interrogatories, 397

Agreement Stamp, 25

Taxation on the Reduced Scale, 56

Verification of Affidavits by Persons Abroad, 36 Costs in Actions on Judgments, 58

Profert, and Inspection of Documents, 37

Jurisdiction of Common Law Courts to tax

Execution founded on Rules of Court, 80

Bill for Business in Chancery, 155

Town Agent and Country Client, 110

Taxation of Costs indorsed on Writ, 233

Action for Maintenance, 111

Taxation when Attorney acts as Advocate, 517

Wagers not enforced at Law, 112

Taxation between party and party, 436

Time for Appeals to Quarter Sessions, 132

Fraud in Contemplation of Insolvency, 133

Law of ATTRONEYS :

Attestation of Warrant of Attorney, 155

Town Agent, 110
Actions in Judgments under £20, 172

Hearing Attorneys at Quarter Sessions, 25
Plea, in case, against Carriers and Innkeepers, Parish Retainer, 419
173

Staying Actions and Imprisoning Attorneys, 214
Delivery of Goods when no bour fixed, 195

Solicitors for both par:ies, 220
Defence-Indorsee against Acceptor, 197

Liability of Attorneys, 340
Agreement in restraint of Trade, 212

Power to change Attornes-Costs, 454

Bye-law prohibiting Sunday Navigation, 213

EXAMINATION OF ARTICLED Clerks :

Remitting back Disputed Award, 231

Peremptory undertaking to try, 276

Questions at, 6, 103

Writ of Subpiena tested in vacation is void, 277

Information relating to, 10, 39, 83, 121

Retrospective operation as to Usury, 302

Prizes and Classical Examinations, 40, 141

Setting aside order to stay, by consent, 318

Candidates Passed, 221.
Assumpsit against a Corporation, 377 | REMOVAL Of the Courts FROM WESTMINSTER, 176,
Notice to produce—when unnecessary, S97 228, 288, 295
Husband and Wife, 90

STATE OF THE Bar:
Power of Attorney, 91
Special Paper Books—Abstract of Points, 102 Legal Education, 21
Necessaries-Infants contract, 415

Mr. Pyke's Case and the Inns of Court, 143
Property in Wild Animals--when acquired, 452 Rules of the Bar, 41, 419
Prochein Amy admitted as a witness, 453

PROFESSIONAL SOCIETIES :
Certificate for speedy execution, 472
New Trial for one of several Defendants, 496

Inns of Court, Architecture of, 434

Pounding Cattle, 142

Law Amendment Society, 160, 197

Clandestine removal of Goods, 142

United Law Clerks' Society, 178, 201

Construction of Sewers, 224

Incorporated Law Society, 303, 475

Legal Promotions and APPOINTMENTS, 187, 190,
PROPERTY LAWYER :

228, 367
Terms of Copyhold Enfranchisement, 36

CIRCUITS, SITTINGS, CAUSE Lists, &c. :

Devise of Trust Estates, 3

Barristers Called, 122, 200

Charge on Land-Usury, 57

Masters Extra. in Chancery. See last No. each

Legacy Duty-Domicile, 131

Month.

Copybold's Lease, 230

Attorneys to be Admitted, 9, 26, 82, 113,"140,

Mortmain, 231

158

Railway Compensation to Landowners, 179

Dissolutions of Professional Partnerships. See

Middlesex Registry of Deeds, 357

last No, each Month.

Devise of Trust Estate, 142, 224

Bankruptcies Superseded, lb.
Heir Looms, 211

Bankrupts, Ib.

Illusory appointment, 190

Sufficiency of Stamp on Building Leases, 378

Bankruptcy-Dividends Declared, Ib.

Terms of Copyhold Enfranchisement, 419 For some Miscellaneous Articles, see the General

Lease for a Year, 420

Index.

The Legal Observer,

OR
JOURNAL OF JURISPRUDENCE.

SATURDAY, NOVEMBER 1, 1845.

"Quod magis ad nos
Pertinet, et nescire malum est, agitamus."

HORAT.

PROJECTED ALTERATIONS IN vent shall fail to satisfy the court that his THE LAW.

bankruptcy or insolvency has arisen from unavoidable misfortunes, and not from fraud,

wilful misconduct, extravagance, gambling, or It may be appropriate, in commencing improper speculation; or if he shall have been a new volume, to consider the several sub-guilty of concealment or fraudulent transfer of jects which it will probably be our duty to property, destruction or falsification of his bring under discussion during the ensuing books, &c., or of any offence now punishable

by indictment. session. And although parliament is not |

13. That the assignees be deemed judgexpected to assemble until the usual time, me

time, ment creditors of the bankrupt or insolvent for there are already some “notes of warlike the whole amount admitted by him to be due preparation," indicating many projected to his creditors ; and the like as to individual incursions for the removal of our old legal creditors, for the amount of their debts proved; landmarks, which we shall proceed briefly the court to grant certificates thereof, which, to notice. It is true, however, that some upon the protection being withdrawn, will of them may be designed only to cure enable the assignees or creditors to take the defects in modern legislation, and not to

el debtor in execution.

4. That the pension and half-pay of bankoverthrow the ancient. These it will be rupts be made available for the creditors. our business carefully to watch.

1 5. That mortgages and bills of sale of goods I. We have received information that and chattels given as security, be registered very strenuous efforts will be made at the within 21 days after execution, otherwise to be commencement of the session for the void as against the assignees. amendment of the Law of Bankruptcy and

od 6. That the Court of Bankruptcy, upon the

decease of a trader, and in case of no legal Insolvency. A committee of merchants

s personal representative being appointed within and traders was appointed, at a public

traders, was appointed, at a public a month afterwards, shall send a person to meeting held at the London Tavern in remain in charge of the effects, until an execuMay last, at which Mr. Masterman, M. P., tor or administrator shall be appointed; and presided, and which we noticed at the in default for one year, the court shall appoint time. Their plan, in its principal features, an official assignee of the estate, and administer is this :

the effects as if a fiat had been issued. 1. That the Court of Bankruptcy, upon the Such is the substance of the alterations non appearance of a trader debtor to a sum- suggested by this commercial Association, mons, or upon his not proving that he has a land

a and which have been embodied in a bill good defence, shall appoint some person to proceed to the debtor's premises, and prevent

brought in by Mr. Masterman and Mr. the removal of the property, unless satisfac. Hawes. Seeing the mischievous effect of torily informed of its destination; and to re- several recent enactments on the interests quire an account of all monies received and of trade and commerce, we do not wonder paid during the time of his continuing in pos- that the merchants of London should at session, until the opening of a fiat.

2. That the Court of Bankruptcy suspend or withdraw its protection from arrest from the a A similar registration is now required of bankrupt or insolvent debtor at any time, at its warrants of attorney and cognovits, when judgdiscretion, particularly if the bankrupt or insol- ment is not entered up within 21 days.

Vol. XXXI. No. 921.

Projected Alterations in the Law. length bestir themselves. Our readers will, and he submits to his lordship that this readily form their own opinion of the pro- court should have jurisdiction in cases of priety and expediency of adopting these real or apparent inability on the part of recommendations. It will be seen that debtors to fulfil their engagements ; such their main and proper object is, to pro- debtors coming within any of the following cure larger powers over the property of classes, viz. :debtors than hitherto existed. The tide 1. Habitual traders, or such as are within for a long time has been running in favour the provisions of the present bankrupt laws. of “the poor debtors,” and against the in- 2. Persons who, though not habitual traders, terests of the defrauded creditors. It are indebted in respect of commercial contracts, seems now turning in a better direction. as The power of arrest having been taken limita

1 3. Persons indebted to traders under certain from the creditor, he justly seeks to possess, 4. Judgment debtors. in return, every possible means of obtaining 5. Depositories of the money or effects of others. the debtor's property, and where his con. 6. Conventionary debtors, or persons having duct has been culpable or fraudulent, to obtained letters of license, composition or inpunish him by imprisonment.

spection deeds, &c. Whilst the merchants are thus coming It is then proposed, by the aid of the forward to protect their own just rights judges, (consisting of a chief and three and interests, the lawyers have not been puisne judges) with sub - commissioners inattentive to the evils of the existing and registrars, to remedy the inconvenient system. Amongst them, we have parti- extent of the present districts, or to incularly to notice the labours of Mr. Ser-crease the number of districts, appointing jeant Manning, who has prepared an ela- one commissioner to make a monthly cir. borate and learned report, addressed to the cuit, and the other to remain stationed in Lord Chancellor, in which he reviews the a large central town. history and present state of the laws of The next proposal relates to letters of bankruptcy and insolvency, as well in this license, composition and trust deeds, &c., as other countries. He thus states the prin- under which arrangements the learned ciple on which the laws should be framed:- Serjeant enters into very lengthened de

1. « To place the creditor in a situation as tails. He then proceeds to compulsory near to that in which he would be entitled to and voluntary declarations of insolvency, stand according to the terms of the original and the measures requisite for rendering contract, as the altered circumstances of the available the present and future acquired debtor will allow.

property of the debtor. In the general 2. “ To relieve the insolvent from all incon

all incon- view we are now taking, it is unnecessary venience and suffering not necessary for the purpose either of enforcing payment to the

to consider these details. To them and

other subjects discussed in this “ Proposal couraging the imprudence and repressing the for the Amendment of the Law of Bankfraud and crime in which insolvency and bank ruptcy and Insolvency,” we shall return in ruptcy so often originate.”

due season. The learned Serieant then submits to II. We have next to call attention to the Lord Chancellor, as the first measure the renewed project of a General Registry for consideration, a consolidation of juris- of all deeds relating to property, freehold diction in all matters connected with in- or leasehold. A bill for carrying this solvency, whether of a commercial or non object into effect was brought in by Lord commercial character. He says —

Campbell on the 26th May last, and will “ The object of a sound legislation in both

doubtless be introduced again in the early cases being the protection of the creditor, and part

or and part of the ensuing session. Our older subordinately thereto, the relief of the debtor. readers will recollect how this important there appears to be no reason for the continu- measure was battled in the early volumes ance of distinct and sometimes conflicting of the Legal Observer, not only when it jurisdictions in respect of the two classes of was first introduced in the year 1830, but insolvents.”

on all occasions whenever it made its He then proposes a new court of record, appearance. to be called “ The Court of Insolvency for The question peculiarly affects all that England and Wales,” or “ The Court of class of persons who require temporary Insolvency and of. Matters of Account ;' loans, which have hitherto been effected

by a deposit of title deeds, or by a mortb See the bill, 30, L. O. 460. gage, which, not being registered, does

ext

S

Projected Alterations in the Law. not expose the transaction to a curious or ever, admit the force of this position. ill-disposed rival, or a litigious opponent. Rather let us amend the blunders which

The frauds committed for want of regis- have been committed, and retrace our tration, according to the evidence which steps, than, persisting in error, deviate still was given before the Real Property Com- more from the right course. " missioners, appear to be not one in a III. Then comes the important subject thousand. Supposing that some further of Local Courts. It can scarcely happen, endeavours should be made to provide that the hasty and ill-considered clauses against these rare instances of deceit which added to the Small Debts Act of the last escape the vigilance of the lender's solici- session, will be deemed a sufficient settletor, we have then to consider- whether ment of this long mooted question. Una law which should give priority to all | less those enactments are repealed, or registered incumbrances, (despite all essentially altered, there must be some other notice, would not occasion as general measure to place the newly many frauds as it will prevent. Money enlarged courts upon a rational footing. might still be lent on the faith of a deposit If there are to be two systems of adminisof deeds, in ignorance or disregard of the tering justice in regard to debts,-one law, and on the reasonable supposition that above and the other below 201., - the law no one would make an advance upon a and practice in the local and inferior bare mortgage, without a delivery of the courts must be framed upon an intelligible title deeds, and in all but rare instances and uniform plan. Those who live in the no doubt such delivery would take place ; country have the means of accurately and then would come the various questions knowing the state of the law and practice of constructive notice, unless it be intended in the courts at Westminster. Why should absolutely to abolish them.

not those who are compelled to resort to Besides the consideration of the grounds the provincial districts have the same adand principle of the measure, we must look vantage ? As the matter stands at at its practicability. Is the place of regis present, each petty tribunal -- whether tration to be in the metropolis, or some court of conscience or request, county principal city or town of each county ? court, or manor or borough court, when Must the profession in the country be enlarged in its jurisdiction of amount and driven to town on every occasion to search district, - will be regulated by its present the registry, or must one and all be com- system of proceeding; so that the suitors pelled to travel from one county to ano-therein will have no uniform course of ther, wherever the property may be situate? proceeding to guide them.

Then there are no small difficulties in the We scarcely expect that the voice of · mode of registration ; the description of the lawyers will be listened to; but the 'small estates ; the imperfection of indexes; merchants and wholesale traders must be and the responsibility of searches ! enabled to recover their debts in the

It will be urged, that there is now a various separate districts, without the material difference in the position of the difficulty and inconvenience of sending question, compared with its former state. their agents and witnesses to distant We are aware that the alterations which places. Where the debtor resides more have been made in the law of real pro- than twenty miles from his creditor, the perty by some recent statutes, lead some latter should have the right of suing in the persons (but without, we think, sufficient superior courts. In fact, there should be reason) to conceive that the time has a concurrent jurisdiction in regard to all arrived when further changes should be sums above 10l. (if not above 51.,) to sue effected, and amongst others, the estab- in the superior courts. The judges, inlishment of a general registry.

deed, under the act, in its present state, This is one of the evils which accompany will have to decide whether this is not the all changes in the law. They are, as we true construction of the intention of the have seen of late, prepared and passed legislature. By one of the clauses, 8 & 9 with imperfect knowledge and without Vict, c. 127, s. 21, a defendant may resufficient consideration, and require either move the action if the sum exceed 101.; to be repealed or amended, or new mea and it must be inferred that the plaintiff is sures taken to provide against the mis- equally entitled to have the choice of the chiefs consequent upon the change. Thus, court to which he thinks proper to resort. it is now said, that having gone so far, we If the act be not altered, this question will must proceed farther. We cannot, how- no doubt soon bc raised.

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