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496 Notices of New Books-Law of Costs-Notes on the Common Law Procedure Act.
Parliament holden in the 15th and 16th years of the reign of her present Majesty, intituled "An Act to extend the Provisions of The Trustee Act, 1850,'" in all cases where any decree or order shall have been made by the Court for the sale or conveyance of any
5. Applications on behalf of infants under the 12th, 16th, and 17th sections of the act of Parliament passed in the 1st year of the reign of King William the Fourth, chapter 65, in all cases where the infant is a ward of the Court of Chancery, or the administration of the estate of the infant, or the maintenance of the infant is under the direction of the Court.
In the 4th of these orders, the word "lands" is to be construed according to the definition and interpretation thereof contained in the 2nd section of "The Trustee Act, 1850."
JOHN ROMILLY, M. R.
NOTICES OF NEW BOOKS.
The Common Law Procedure Acts of 1852 and 1854; containing an Abstract of Every Case decided upon their Construction to the Present Time, Copious Information on the New Practice of the Courts of Common Law at Westminster, and New Precedents and Forms adapted to the Various Enactments of the Acts; together with the Regula Generales of 1853 and 1854, the New Pleading Rules, the Directions to the Masters of the Courts, the Scales of Costs on Taxation, the List of Fees under the Statute of the 15 & 16 Vic. cap. 73, Table of Cases, and Full Index; forming a Complete and Concise Book of Practice. By THOMAS HUGH MARKHAM, M.A., Barrister-at-Law, of the Inner Temple. Wildy and Sons, Lincoln's Inn-archway, London. SINCE the Common Law Procedure Acts of 1852 and 1854 were passed, it appears that more than two hundred decisions have taken place upon the construction of their various enactments, and Mr. Markham has collected these cases from the several Law Reports, and given an abstract of them under the several sections to which they respectively relate, In the Preface Mr. Markham says
"This I have done; giving in most instances the names and the ipsissima verba of the learned judges. "There are some few cases having reference to the acts which were decided during last term; these of course are not yet published in the old established reports, but I have been able to give them notwithstanding, and for them I am indebted to that energetic periodical, the Weekly Reporter.
"Besides these cases, the work is interspersed with a variety of what I hope may be deemed practical information, together with new Forms and Precedents, &c., &c.
"The Regulæ Generales of 1853 and 1854, the Pleading Rules of 1853, the Directions to the Masters of the Courts, the Scales of Costs on Taxation, and the List of Fees under the statute 15 & 16 Vic. c. 73, also form part of the book."
And he adds
"I have endeavoured to make it a handy, practical, and serviceable work, moderate in price, alike
useful to counsel, attorneys, and indeed to all who are in any way connected with the law; and I am vain enough to believe that if my professional brethren use it, it will be the means of saving them some trouble; and I now commend it to their favourable consideration.
LAW OF COSTS.
OF HABEAS CORPUS AD TESTIFICANDUM-OF WITNESS IN TWO ACTIONS.
In an action brought by the plaintiff, who was then confined in Warwick gaol a prisoner for debt, against the sheriff of Warwickshire, for trespasses committed by him and his officers in arresting the plaintiff under a writ of ca. sa., the plaintiff was a material witness on his own behalf. A writ of habeas corpus ad testificandum was sued out, under which the plaintiff was brought up to attend the trial, and he was present at the same, although not called upon to give evidence. He obtained a verdict, with £25 damages.
There was another action tried on the same day, brought by him against the same defendant for trespasses in the execution of a fi. fa., in which action the plaintiff was called and gave evidence. The defendants obtained a verdict. The Master, in taxing the costs of the first action, allowed to the plaintiff all the costs of the writ of habeas corpus, whereby he was enabled to attend both trials.
On a rule nisi to review the taxation, Pollock, Lord Chief Baron, said:-"A party who fails in a cause must bear the expense of his failure. The rule is, if a witness attends in one cause only, he will be entitled to the full allowance. If he attend in more than one cause he will be entitled to a proportionate part in each cause only. If the expense of bringing up this party as a witness was £10, a proportion-one-half-must be allowed."
Griffin v. Hoskyns, 1 Hurlstone and N. 95.
NOTES ON THE COMMON LAW PROCEDURE ACT,
SETTING ASIDE JUDGMENT IN ACTION AGAINST BRITISH SUBJECT ABROAD-LACHES.
A WRIT of summons issued under the 15 & 16 Vic. c. 76, s. 18, bearing the indorsement for service on a British subject out of the jurisdiction of the superior courts, but not any special indorsement of the nature or particulars of the plaintiff's claim, was served in Guernsey on November 8, 1855; and the defendant not having appeared, Martin, B. made an order at chambers that the plaintiff should be at liberty to proceed. Judgment was signed on November 28. It appeared that the defendant had no notice of the proceedings until execution was levied on him by process out of the Guernsey Court, and on March 12, 1856, he applied by summons to set aside the proceedings on the ground that the cause of action did not arise within the jurisdiction of the court. Crompton, J. having refused to make any order on the ground that the defendant should have applied at an earlier period, and a motion was now made for a rule to set aside the judgment, and all subsequent proceedings.
Martin, B, said "No rule will be granted. The defendant should have come within a reasonable time. By Reg. Gen. Hil. Term, 1853, 135, no application to set aside process or proceedings for
Proposed Law University-List of Local and Personal Acts.
irregularity shall be allowed, unless made within a reasonable time. By the 18th section of the Common Law Procedure Act, 1852, power is given to the court or a judge, to direct that the plaintiff shall be at liberty to proceed with the action on being satisfied that the cause of action arose within the jurisdiction. If the judge is satisfied, surely there is jurisdiction. It is no new jurisdiction, merely a new process."
Hutton v. Whitehouse, 1 Hurlstone and N. 32.
To the Editor of the Legal Observer. SIR,-The profession are greatly indebted to you for so frequently bringing this important subject to their notice; but it is perfectly hopeless to urge the right of our branch of the profession to association or membership in the proposed university until we are in a position to contribute funds to its maintenance and support. Those funds are the revenues of the Inns of Chancery.
The position of the two branches of the profession in regard to the Inns of Court and Chancery is analogous to that of separate owners of two estates after a legal partition of their common property. It would be unreasonable, and worse than unreasonable, for one such owner to insist still on his right to participate in the other's inheritance without the latter's agreement to throw the two estates again into a common ownership.
The revenues of the Inns of Chancery may be taken to be at least £5,500 per annum,* and unfortunately these revenues are consumed by sixty or seventy members of the profession, to the prejudice of the general body.
There is no question of greater importance to our branch of the profession than the restoration of these public funds to the legitimate purpose for which such noble institutions were founded. If they were used for the advantage of the profession, as the Inns of Court and their revenues have been and are now being used by the bar, there would be some hope of keeping pace with the requirements which the advance of education in all departments of science impose on a profession desiring to preserve its prestige as a "learned " profession.
We look with much interest to the course which the Council of the Law Institution will take on this question. If they will endeavour-by persuasion or remonstrance, or, failing these, by appeal to the Legislature to obtain the restoration of these fundsthey will gain the esteem and receive the support of the profession at large. Even among the recipients of these funds not a few are to be found, and those the élite of them, who feel some shame in offering as their own that hospitality which is provided at the sacrifice of the best interest of their profession.
LIST OF LOCAL AND PERSONAL ACTS,
DECLARED PUBLIC, AND TO BE JUDICIALLY NOTICED. 19 & 20 Vict.
(Concluded from page 454).
85. An Act for carrying into effect certain Arrangements between the Trustees of the Renfrewshire
We believe that this snm is vastly over-estimated.-ED.
Turnpike Roads and the Lord Provost, Magistrates, and Council, and Police and Statute Labour Committee, of Glasgow; and for continuing in other respects the Acts relating to the said Roads.
86. An Act to enable the Morayshire Railway Company to construct a Railway from Orton to Craigellachie, and for other Purposes. 87. An Act for authorising Traffic Arrangements between the West End of London and Crystal Palace and the London, Brighton, and South Coast Railway Companies, the Regulation and Increase of Capital, and for other Purposes 88. An Act to afford facilities to the Bagenalstown and Wexford Railway Company, for raising the funds necessary to enable them to execute their Undertaking, and for other Purposes. 89. An Act for more effectually repairing several Roads leading to and from the town of Monmouth, and for making several Lines of Road to communicate therewith, in the Counties of Monmouth, Gloucester, and Hereford.
90. An Act for the Improvement of Part of the District of St. Peter Bournemouth in the Parishes of Christchurch and Holdenhurst in the County of Southampton, and for providing a Pier there.
91. An Act for better supplying with Water the City of Edinburgh and Town and Port of Leith and places adjacent.
92. An Act for making a Railway from the Epsom Branch of the London, Brighton, and South Coast Railway at Epsom to Leatherhead. 93. An Act for incorporating the Salisbury Railway and Market House Company; for authorising them to make and maintain a Railway and a Market House at Salisbury; and for other Purposes.
94. An Act for making a Railway from the Stocksfield Station of the Newcastle-upon-Tyne and Carlisle Railway to the Stockton and Darlington Railway, near Conside Ironworks, with a Branch to the Derwent Iron Company's Railway; and for other Purposes.
95. An Act to enable the Swansea Vale Railway Company to make Extension and Branch Railways, and for other Purposes.
96. An Act to repeal the Act for more effectually
making, straightening, repairing, and improving the Roads from near the Town of Lewes to Polegate in the Parish of Hailsham, and from thence to Eastbourne, and to Polegate to Hailsham Common, in the County of Sussex, and to make other provisions in lieu thereof. 97. An Act for making and Maintaining a Turnpike Road from Conway to Llandudno in the County of Carnarvon, and for other Purposes. 98. An Act for making a Railway from Dunfermline to Killairne with a Branch to Kingseat in the County of Fife, to be called "The West of Fife Mineral Railway."
99. An Act for making a Railway from the Town of Maybole to the Town and Harbour of Girvan, to be called "The Maybole and Girvan Railway."
100. An Act for making a Railway from the South Wales Railway near Brinspill in the Parish of Awre to Howbeach Valley in the Forest of Dean, with Branches; and for other Purposes.
101. An Act for incorporating the Ceylon Railway
List of Local and Personal Acts.
Company, and for other Purposes connected therewith. 102. An Act for enabling the Somerset Central Railway Company to construct a Railway from Glastonbury to near Bruton, and for other Purposes.
103. An Act for more effectually repairing the Road leading from Wem to the Lime Rocks at Bronygarth in the County of Salop, and for making several Lines of Road connected with the same in the Counties of Salop and Denbigh. 104. An Act for continuing the Term, and amending and extending the Provisions of the Act relating to the Cleobury North and Ditton Priors District and Cleobury Mortimer district of Turnpike Roads, in the Counties of Salop and Worcester,
105. An Act for authorising a Lease of the Wimbledon and Croydon Railway, and for authorising the Purchase of additional Lands and the raising of additional Capital by the Wimbledon and Croydon Railway Company; and for other purposes. 106. An Act to enable the Stirling and Dunfermline Railway Company, to create additional Shares in their Undertaking; and for other Purposes. 107. An Act to amend the Constitution of "The London Printing and Publishing Company, Limited."
108. An Act to amend certain Acts relating to the Luton District Turnpike Road, and make other Provisions in lieu thereof.
109. An Act to extend the Times limited for certain Purposes by the Acts relating to the Metropolitan Railway, and to enable the Metropolitan Railway Company to form a Junction with the Great Northern Railway, and for other Purposes.
110. An Act for making a Railway from the Town of Nairn to the Town of Keith. 111. An Act for authorising Deviations from the authorised Line of the Severn Valley Railway, and for making further Provision with respect to shares in the Capital of the Severn Valley Railway Company, and for facilitating the completion of their Undertaking; and for other Purposes.
112. An Act for establishing and maintaining a Ferry and Floating Bridge between Stokes Bay and Ryde in the County of Southampton, with Landing Places and Approaches thereto. 113. An Act for making a Railway from the Scottish Central Railway at Dunblane by Doune to Callander, to be called "The Dunblane, Doune, and Callander Railway." 114. An Act for making a Railway from Castle Douglas, by Dalbeattie, to the Glasgow and South-western Railway at Dumfries, and for other Purposes.
115. An Act for granting further Powers for lighting, cleansing, sewering, and improving the Borough of Leeds, and for other Purposes. 116. An Act for regulating the Rates and Charges to be taken by the Grand Junction Waterworks Company for a Supply of Water to Parts of the Parish of Paddington, and for other Purposes.
117. An Act to grant further Powers to the Crystal Palace Company for the raising of Capital, for the internal Management of their Undertaking, and with respect to Dulwich Wood.
118. An Act to consolidate the Powers of the
Gloucester Gaslight Company, to enable them to raise Money, and for other Purposes. 119. An Act for the making of a Dock and Works at Thames Haven, and for other Purposes. 120. An Act for the making by the London and South-western Railway Company of a Railway from Yeovil to Exeter, to be called "The Exeter Extension Railway;" and for other Purposes.
121. An Act to amend the Acts relating to the East Indian Railway Company.
122. An Act for making a Railway from the Taff Vale Railway to the River Ely in the County of Glamorgan, for converting Part of the said River into a tidal Harbour and regulating the Access thereto, for authorising Arrangements with the Taff Vale Railway Company; and for other Purposes.
123. An Act for altering the Crewe and Shrewsbury Line of the London and North-western Railway, for making Provision with respect to Station Accommodation at Shrewsbury, and for other Purposes.
124. An Act to enable the Londonderry and Enniskillen Railway Company to create Preference Shares with Priority of Dividend over all the existing Shares of the Company, and for other Purposes.
125. An Act for making a Railway from the authorised Line of the West End of London and Crystal Palace Railway (Extension to Bromley and Farnborough) at Shortlands in the Parish of Beckenham in the County of Kent to Saint Mary Cray in the same County.
126. An Act to enable the Oxford, Worcester, and Wolverhampton Railway Company to raise further Money for the Completion of the Broad Gauge, and for other Purposes; and to convert their Mortgage Debt into Stock.
127. An Act to repeal an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for more effectually amending and keeping in repair the Roads from the Town of Uttoxeter to the Town of Newcastle-under-Lyme in the County of Stafford, so far as relates to the Uttoxeter District of the said Roads, and for making certain new Pieces of Road to communicate therewith, all in the said County of Stafford, and to confer larger and additional Powers and Provisions in lieu of those therein contained; and for other Purposes.
128. An Act to amend An Act for draining, embanking, and improving the Fen Lands and Low Grounds within the Parishes, Hamlets, Townships, or Places of Bardney, Southrow otherwise Southry, Tupholme, Bucknall, Horsington, Stixwould, Edlington, and Thimbleby, in the County of Lincoln, and to confer further Powers on the Commissioners under such Act; and for other Purposes.
129. An Act to revive and extend certain of the Powers of the Waveney Valley Railway Company with relation to their Railway.
130. An Act for authorising the Abandonment of Parts of the authorised Lines of the Westminster Terminus Railway, and the making of other Lines of Railway in lieu thereof, and for reducing the Capital of the Westminster Terminus Railway Company; and for other Purposes. 131. An Act to render more effectual the Powers of
List of Local and Personal Acts.
raising Money given by "The Severn Navigation Act, 1853," and for other Purposes. 132. An Act for making a Railway from the Oswestry and Newtown Railway in the Parish of Buttington in the County of Montgomery to Shrewsbury, with a Branch thereout Minsterley in the County of Salop, and for other Purposes.
133. An Act for extending the Operations of the Society for the Discharge and Relief of Persons imprisoned for small Debts throughout England and Wales.
134. An Act to unite and amalgamate the Undertaking of the Scottish Midland Junction Railway Company with the Undertaking of the Aberdeen Railway Company, to be thenceforth called "The Scottish North-eastern Railway Company," and to regulate the Management of and confer additional Powers on the United Company, and for other Purposes.
135. An Act for making a Railway from the Southampton and Dorchester Railway to Blandford Saint Mary in the County of Dorset, and for other Purposes.
136. An Act for making a Railway from the Scottish Midland Junction Railway, near the Dunkeld Road Bridge, to Methven, in the County of Perth.
137. An Act to extend the Time limited for completing the Oxford, Worcester, and Wolverhampton Railway, and for adapting the same to the Broad Gauge, and for other Purposes. 138. An act to provide for the Arrangement of the Financial Affairs of the City of Perth, for the Maintenance of the Port and Harbour; and for other Purposes therewith connected. 139. An Act to enable the Scottish Central Railway Company to make Branch Railways to the Town of Denny in the County of Stirling.
PRIVATE ACTS, PRINTED BY THE QUEEN'S PRINTFR, AND WHEREOF THE PRINTED COPIES MAY BE GIVEN IN EVIDENCE.
1. An Act to amend an Act made and passed in the Tenth Year of the Reign of Her present Majesty, intituled An Act to divide the Parish and Rectory of Doddington otherwise Dornington into Three separate and distinct Parishes and Rectories, and to endow the same out of the Revenues of that Rectory, and to make Provisions for the further Division of such Rectories and Parishes, and for other Purposes connected therewith.
2. An Act for continuing in force, during the Minority of Mrs. Clara Clarke Thornhill, the Wife of William Capel Clarke Thornhill, of Swakeleys in the County of Middlesex, Esquire, the Powers conferred by "Thornhill's Estate Act, 1852," and "Thornhill's Estate Act, 1854," and for other Purposes.
3. An Act for authorising the Trustees under the Will of William Wainman Esquire, deceased, to grant Leases, and to make Sales, Exchanges, and Partition of the Real Estates devised by or subject to the Trusts of the same Will; and for other Purposes.
4. An Act for giving effect to a Compromise relating to the Estate of the Most Noble George Fourth Duke of Marlborough, deceased, and, with a view thereto, for extinguishing the demisable Quality of certain Copyhold Here
ditaments, Parcels of the Manors comprised in the estates and hereditaments settled on the Dukedom, and for creatiug a Term of Years in a Portion of the said Copyhold Hereditaments. 5. An Act to authorise Sir Lionel Milborne Swinnerton Baronet and his Issue to assume and bear the Surname of Pilkington jointly with the Surnames of Milborne and Swinnerton, and to be called by the Surnames of Milborne Swinnerton Pilkington.
6. An Act for vesting in Trustees the undivided Parts, subject to the Limitations of the Wills of Benjamin Ingham, deceased, and Joshua Ingham, deceased, respectively, of Estates in the West Riding of the County of York, and for authorising Partitions of Parts of those Estates, and for authorising Leases and Sales of Parts of those Estates, and for other Purposes.
7. An Act to authorisd the granting of Leases of Parts of the Freehold, Copyhold and Leasehold Estates of the late Leonard Lewen
Wheatley Esquire, situate in the several Parishes of Saint Lawrence and Saint Peter the Apostle in the Isle of Thanet, of Meopham near Gravesend, and Ash next Sandwich, and elsewhere in the County of Kent, and within the Manor of Stepney otherwise Stebunheath Ratcliffe in the Parish of Saint Dunstan Stepney, and elsewhere in the County of Middlesex.
8. An Act to enable the Trustees of the Will of Matthew Butterwick Esquire to sell the Rectory and Tithes of Thirsk, held by Lease for Lives under the Archbishop of York, and certain Policies of Assurance, and for the Investment of the Proceeds, and for other Purposes; of which the Short Title is "Butterwick's Estate Act, 1856."
An Act for enabling Leases for Mining, Agricultural, and Building Purposes to be made of the Estates of John Walmesley Esquire, deceased, and Sales of Portions thereof, and for other Purposes; the Short Title of which is "Walmesley's Estate Act, 1856."
10. An Act for enabling Leases and Sales to be made of Lands and Hereditaments in the Counties of Northumberland and Durham belonging to the Families of Thoroton and Croft, and for other Purposes; called "The Thornton and Croft Estate Act, 1856."
11. An Act for vesting in Trustees the Estates of the late Sarah Reddall, deceased, situate in the County of Northampton, known as the Dallington Estate, for the Purpose of enabling Leases, Sales, Exchanges, and Partitions to be made of the same; and for other Purposes.
12. An Act to enable the Trustees of the Will of John Bell Esquire to sell a Leasehold Estate for Lives in the County of York, known as "Wildon Grange," held of the Archbishop of York, and for the Re-investment of the Proceeds in the Purchase of Real Estates of Inheritance; of which the Short Title is "Bell's Estate Act, 1856."
13. An Act to amend and enlarge the Powers of an
Act passed in the Twelfth and Thirteenth Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for authorising the Trustees of the late Thomas Gordon to sell his Estates of Cairness and others in the County of Aberdeen, and to apply the Price thereof in
Inconvenience of the Courts at Westminster Admission of Attorneys.
Payment of the Debts and Burdens affecting the same, and for laying out the Residue of the Price in the Purchase of other Lands to be entailed, in Terms of the Trust Deed of Settlement by the said Thomas Gordon; and for other Purposes.
14. An Act for enabling Partitions, Sales, Exchanges, and Leases to be made of certain Parts of the Estates devised by the Will of Sir John William Head Brydges, deceased, and for other Purposes.
PRIVATE ACTS, NOT PRINTED. 15. An Act to enable George Shipton Clerk to exercise his Office of Priest, and to hold any Benefice or Preferment in the United Church of England and Ireland.
16. An Act to dissolve the Marriage of John Talbot Esquire with Marianne his now Wife, and to enable him to marry again; and for other Purposes.
17. An Act to dissolve the Marriage of Madgwick Spicer Davidson Gentleman with Katharine Anne his now Wife, and to enable the said Madgwick Spicer Davidson to marry again; and for other Purposes therein mentioned. INCONVENIENCE OF THE COURTS
THE small and inconvenient Exchequer Chamber, where the Court of Common Law Appeal sits, has often been observed upon. In the present term, when Mr. Baron Martin had taken his seat, and was trying cases at nisi prius, it was expected that the judges would sit in error in the full Court of Exchequer, where no judges were at the time sitting, and the officers and practitioners were, therefore, in attendance at that court; but it was at last intimated that the judges had gone into the Exchequer Chamber, and they were found standing on the steps leading to the bench, or huddled together on the bench in the most undignified manner possible.
The Masters of the different courts stood in the midst of a crowd of persons taking down the days of sitting as best they could.
On another occasion during the sittings at nisi prius, some of the jurors applied to the judge, stating that they had come some miles, and when they came to the court they found there were no seats or accommodation provided for them; there was not even standing room in the court, and if they went and walked about the hall they caught cold, and if they went to any place in the neighbourhood their names were called in their absence, and they were fined. It really became cruel treatment to them, to say nothing of the great loss and inconvenience as tradesmen having to attend for so many days.
Mr. Justice Crompton looked about for some time, and then said he did not know how he could help the jurors; he wished he could; but no doubt it was very inconvenient.
A Juror said there were two seats occupied by gentlemen now. If they were not jurymen, they ought to give up their seats. The Judge said, no doubt they ought. No one having moved,
A Juror said, as those gentlemen did not leave their seats, most likely they were jurymen, and then there would be a sufficient number for the day, and perhaps his lordship would discharge the applicants.
The Judge said he would finish trying the cause then going on, and then he would see what he could do.
Upon some occasions the Lord Chancellor's Court has been used for the nisi prius sittings in term. No doubt it is larger than the Bail Court, but still there are inconveniences attendant upon that. The mere fact of there being some remote intention of removing the courts to some other part of the town will be a sufficient reason for continuing the present inconvenience. As the courts, by a happy legal fiction, are supposed to sit in Westminster Hall, why not place a number of seats in the large building upon which the weary might take their rest.— From the Times.