370 Appellate Jurisdiction of Privy Council and House of Lords. both in ecclesiastical and inaritime causes, to matter of such appeal or suit, as might heretohis Majesty in council, it was enacted, that fore have been made by her Majesty in council from and after the first day of February one by virtue of the said recited act of the second thousand eight hundred and thirty-three, it and third years of the reign of King William should be lawful for every person who might the Fourth, if this act had not been passed. 2. That from and after the day of theretofore, by virtue either of an act passed in the twenty-fifth year of the reign of king Henry all appeals or applications in prize suits, and the Eighth, intituled, the Submission of the in all other suits or proceedings, in the Courts Clergy and Restraint of Appeals, or of an act of Admiralty, or Vice Admiralty Courts, or passed in the eighth year of the reign of Queen any other court, in the plantations of America Elizabeth, intituled, for the avoiding of tedious and other her Majesty's dominions, or elseSuits in Civil and Marine Causes, have ap- where abroad, which may now by virtue of the pealed or made suit to his Majesty in his High said herein-before mentioned act of the third Court of Chancery, to appeal or make suit to and fourth years of the reign of King William the King's Majesty, his heirs or successors, in the Fourth, or by virtue of any law, statute. council, within such time, in such manner, commission, or usage, be made to her Majesty and subject to such rules, orders, and regula- in council, and also all appeals in matters of tions for the due and more convenient pro-lunacy which may now be made from the High ceeding, as should seem meet and necessary. Court of Chancery to her Majesty in council, and upon such security, if any, as his Majesty, shall be respectively made to the House of his heirs and successors, should from time to Lords, and not to her Majesty in council, and time by order in council direct: and whereas that the said house shall thenceforth have by virtue of an act passed in a session of par- power to proceed to hear and determine any liament of the third and fourth years of the appeal or suit so to be made by virtue of this reign of his late Majesty William the Fourth, act, and to make all such judgments, orders intituled, An Act for the better Administration and decrees, in the inatter of such appeal or of Justice in his Majesty's Privy Council, it suit, as might here:ofore have been made by was enacted, that from and after the first day her Majesty in council, by virtue of the said of June one thousand eight hundred and thirty recited act of the third and fourth years of the three all appeals or applications in prize suits, reign of King William the Fourth, if this act and in all other suits or proceedings in the had not been passed; and that all laws or Courts of Admiralty, or Vice Admiraity Courts, statutes now in force with respect to any such or any other court, in the plantations in appeals or applications shall apply to any apAmerica and other his Majesty's dominions, or peals to be made in pursuance of this act to elsewhere abroad, which might then, by virtue the said house. of any law, statute, commission, or usage, be made to the High Court of Admiralty in England, or to the Lords Commissioners in prize case, should be made to his Majesty in council, and not to the said High Court of Admiralty in England, or to such commissioners as aforesaid, and such appeals should be made in the same manner and form, and within such time, wherein such appeals might, if this act had not been passed, have been made to the said High Court of Admiralty or to the Lords Commissioners in prize cases respectively; and that all laws or statutes then in force with respect to any such appeals or applications 3. Provided always, that nothing herein shall prevent the Queen's acceding to treaties appointing certain persons to hear prize appeals. BILL NO. 2.- HOUSE OF LORDS. The second bill is somewhat similar to one introduced by Lord Cottenham in 1836. It authorises the sittings of the House of Lords to sit and hear appeals and writs of error during the prorogation of parliament, but not during the dissolution of parliament, as Lord Cottenham's did; and it gives a power to the Queen to summon the House of Lords by proclamation, and to discontinue such sittings, which clause was not contained in Lord Cottenham's bill; and besides summoning the Equity judges to the House of Lords, as well as the Common Law Judges, the Judge of the Prerogative Court and the Judge of the High Court of Admiralty, are also to be summoned, so that the House of Lords would be fully as efficient in numbers as the Judicial Committee. But the great advantages of this Court would be that the Lord Chancellor would here always preside assisted by the other law. Lords, and such of the Judges of the land as it was thought necessary to summon. This would be the great appellate Court, not only for England, but for all her dominions; and we conceive Appellate Jurisdiction of Privy Council and House of Lords. that this great professional advantage would attend its establishment:-Hitherto the practice in the House of Lords and Privy Council, but more especially in the latter Court, has been confined to a few members of the bar, and to a few proctors. We would have the whole thrown open to every member of the profession, and this, as we conceive, is a part of the plan. "When an important case," said Lord Campbell in his speech, "comes before the Court of Privy Council, it was necessary to take some of the leading barristers from the other Courts; and as the quiddam honorarium in such cases would be greater than that barrister would have got in the Court in which he generally practised, the expense would of course be increased to the suitor. If there were only one Court of appeal in the last resort, and that Court permanently sitting, it would have such a bar as would give that satisfaction to the public which it had a right to expect." Indeed, we understand from the whole tenor of the speech, that the whole expenses of the Court- those of the officers of the House of Lords included - are to be considerably reduced, which will not only be a boon to the suitor, but, as we conceive, to the great bulk of the profession, who are practically excluded at present from the Privy Council. There seems no reason why an appeal to the House of Lords, either in fees to counsel or otherwise, should be more expensive than an appeal to the Court of Chancery; and that it is so is a blot on the present administration of justice. Here we give the second bill. 1. Whereas it is expedient to make better provision for the hearing of appeals and writs of error in the House of Lords: now therefore be it enacted, that from and after the passing of this act it shall be lawful for the House of Lords to sit for the purpose only of hearing and adjudicating on, and to hear and adjudicate on, all appeals and writs of error already made or brought, or hereafter to be made or brought, to the House of Lords, notwithstanding the prorogation of parliament; and that all decisions or orders of the House of Lords regarding any such appeals or writs of error as aforesaid, during any prorogation of parliament, shall be valid and effectual to all intents and purposes. 2. That it shall be lawful for her Majesty, her heirs and successors, if she and they shall see fit, at any time or times during the prorogation of parliament, by royal proclamation, to summon the House of Lords for the purpose only of hearing and adjudicating on, and to hear and adjudicate on, all appeals and writs a In all the Admiralty and Ecclesiastical cases, the proceedings must be taken by proctors. 371 of error already made or brought, or hereafter to be made or brought, to the House of Lords; and that it shall also be lawful for her Majesty, ber heirs and successors, if she and they shall see fit, at any time or times, by a like proclamation, to discontinue such sittings of the said House of Lords. 3. That it shall not be lawful for the lords of parliament assembled in pursuance of this act for the purpose of hearing and adjudicating on any appeals or writs of error, during any prorogation of parliament, to act, propose, debate, or treat of any other matter or thing what soever. 4. That at the meeting of every parliament the Chief Justice of the High Court of Chancery, the Vice Chancellors, the Judge of the Prerogative Court of the Lord Archbishop of Canterbury, and the Judge of the High Court shall be summoned to give their attendance of Admiralty (not being peers of parliament) and assistance in the upper house of parliament in such manner as the judges of her Majesty courts of law at Westminster are now summoned; and that from and immediately after the passing of this act writs shall issue to the said Chief Justice of the Court of Chancery, the Vice Chancellors, the Judge of the Prerogative Court of the Lord Archbishop of Canterbury, and the Judge of the High Court of Admiralty, requiring them to attend in the upper house of parliament, during this present parliament, for the purposes aforesaid. 5. That it shall and inay be lawful for the House of Lords, as well during the sitting of parliament as during the prorogation thereof, to make all necessary orders for the attendance in the House of Lords of the judges and others summoned or to be summoned in pursuance of this act, or any of them, for the purpose of assisting at the hearing of any appeals or writs of error. BILL NO. 3.- COURT OF CHANCERY. We now come to the bill for appointing a permanent judge in the Court of Chancery; and this bill is very nearly the same as that introduced by Lord Cottenham in 1836. Indeed, the only alteration, (except that part which related to the Privy Council, which is omitted,) that we see, is in the second section, which authorizes the appointment of a Chief Judge in Equity, but provides that the selection in the first instance must be made from the Master of the Rolls and the Vice Chancellors. This is, we presume, to avoid the necessity of appointing any new judge in the present state of the business of the Court. This may be right, but we are averse to thus fettering the power of the Crown in this respect. We believe that few persons can doubt that if Lord Cottenham could be per suaded to take this office, it would be of great advantage to the suitor and the public. Besides, it is surely early days to form an 372 Appellate Jurisdiction of Privy Council and House of Lords.- Property Lawyer. opinion as to what will in future be the business of the Court of Chancery. next the Lord Chief Justice of the Court of Queen's Bench. 11. The Queen may approve of a seal for the Court of Chancery. 12. All writs and schedules to pass the seal of the Court of Chancery. 13. Registrars, &c. to attend Chief Justice in Equity, and to be appointed by him. 14. Queen may direct what officers shall attend Chief Justice in Equity, and how fees shall be apportioned. 15. The salary of Lord Chief Justice shall be 1. 16. Retiring pension. 18. Not to alter act securing the retiring After appointment of Chief Justice of Court of Chancery, Chancellor to cease to preside in the Court of Chancery, but to retain all powers, &c., not being transferred.-Whereas it is expedient that the Chief Judge of the High Court of Chancery should attend exclusively to the business thereof, and that such Chief Judge should hold his office during good behaviour: be it therefore enacted, that from and after the appointment of any person to be Lord Chief Justice of the Court of Chancery as herein-after provided, the person or persons holding the Great Seal of Great Bri-pension of Chancellor. 2 & 3 W. 4, c. 111. tain, either as Lord Chancellor, Lord Keeper, or Lords Commissioners, shall cease to have any judicial power or authority in the High Court of Chancery, or to exercise or perform any of the powers, duties, or authorities hereby vested in or directed to be exercised by such Lord Chief Justice, but shall have all and every the jurisdiction, power, and authorities heretofore vested in or lawfully exercised by the Lord High Chancellor of Great Britain, not hereby transferred to or vested in the said Lord Chief Justice, in all respects as if this act had not been made. 2. That it shall be lawful for her Majesty, her heirs and successors, to nominate and appoint from time to time, by letters patent under the Great Seal of the United Kingdom, a fit person (being a barrister at law of fifteen years standing at the least) to be Chief Judge of the High Court of Chancery, by the style of "the Lord Chief Justice of her Majesty's High Court of Chancery," to hold such office during good behaviour: Provided always, that if at the time of the passing of this act no vacancy shall exist in the offices of Master of the Rolls, Vice Chancellor of England, first Vice Chancellor, and second Vice Chancellor, then and in such ap case the said Lord Chief Justice to be first pointed under the authority of this act shall be selected from the persons respectively holding such offices. 3. That nothing herein contained shall authorize the appointment of any other Judges of the High Court of Chancery than the said Lord Chief Justice, the Master of the Rolls, and two Vice Chancellors. 18. Forging the seal of the Court of Chancery. 20. Lord Chief Justice in Equity may be removed upon an address of both houses of parliament. We have now laid the whole scheme before our readers, which we cannot but think generally interesting. THE PROPERTY LAWYER. YEARLY TENANT. WHERE a yearly tenancy has continued a number of years, the lessor and the lessee being the same, it may be treated after the expiration of the tenancy as an original demise for the whole period occupied; and a liability existing during the time to determine the tenancy by a fixed notice, or at a certain period, makes no difference in the legal effect of the occupation. Suther v. Herstmonceux, 1 Man. & Ry. 426; and the authorities cited. And where a house and appurtenants by a written demise were demised for one year and six months certain from the date," at a yearly rent "payable at the usual periods," with a proviso that three calendar months notice should be given on either side previous to the determination of the said tenancy," the holding having continued beyond the term of the year and six months, it was held that such holding was not a new tenancy commencing at that period, but a yearly tenancy commencing from the original entry of the tenant; and that therefore a notice to quit at the expiration of the second year of the holding was good. "It appears to me," said Lord Denman, C. J., as it did to my brother Coleridge, that the yearly te8. Lord Chief Justice shall be visitor of cha-nancy must be referred to the time of 4. The Lord Chief Justice to preside in the Court of Chancery, and do all acts heretofore done by the Lord High Chancellor in the Court of Chancery, &c. 5. All matters heretofore done before Lord Chancellor in Chancery to be done before the 6. Lord Chief Justice may hear all matters pending. 7. Bills, &c. to be addressed to Lord Chief Justice. rities. 9. This act not to alter jurisdiction of Court of Chancery. 10. Precedence settled.-That the said Lord Chief Justice shall have rank and precedence entry." Mr. J. Patteson.-"The term 'current year' must always be referred to the time of entry, if that appears. It is true that according to this construction the ex The Property Lawyer.-Lord Brougham's Loca Courts Bill. 373 pression 'six months certain' has no mean- | readers the fullest information on the subject ing, the tenancy having continued beyond in our power, as we cannot but consider it is all it; but that is the fault of the parties." important in the profession. Doe d. Robinson v. Dobell, 1 Gale & Dav. 218. DEED VOID AGAINST CREDITORS. We gave last week an abstract of Lord Broughams' Bill, and in consequence of several inquiries regarding the principal provisions it contains, we proceed to state fully all the important clauses. The preamble is worth extracting: it states That it is expedient that the means should be afforded to the people of this realm, of having their suits tried as speedily and as near to their vexation, and delay may be avoided: and that own homes as may be, whereby expence, it is fitting that at the first the provisions for this purpose should be confined to certain parts of the country, to the end that the rest thereof may profit of the improvements suggested by experience when the same shall be extended over the whole of the kingdom, and that the due administration of justice may be placed upon a sure foundation. It is a mistake to suppose that the stat. 13 Eliz. c. 5, makes void as against creditors all voluntary deeds. All that it says is, that a practice of making covinous and fraudulent deeds had prevailed, and therefore that all feoffments, gifts, &c. of any lands or goods and chattels as against the persons whose actions, debts, &c. by such covinous and fraudulent devices and practices shall be disturbed, hindered, delayed or defrauded, shall be void. The Courts, in construing the statute, have held it to include deeds made without consideration, as being prima facie fraudulent, because necessarily tending to delay creditors. But The bill then proceeds to enact that it shall the question in each case is, whether the be lawful for her majesty, in such cases as she deed is fraudulent or not; and to rebut the shall deem it expedient so to do, not exceeding presumption of fraud the party may give in twenty-five in the whole, to nominate and evidence all the circumstances of the trans-appoint, by commission under the Great Seal, action, not to contradict the consideration one Serjeant at Law, or one burrister, of ten stated in the deed, but to take it out of the years standing, or of five years standing at the bar, having previously practised as a special operation of the statute. The law on this pleader for five years,a for any one or more subject is thus clearly stated by Mr. Baron county or counties, riding or ridings, or any Rolfe in Gale v. Williamson, 8 Mee. & parts thereof respectively, who shall be called Wels. 405, where a father by deed assigned the judge in ordinary of the same, and shall to his son, "in consideration of natural preside in a court to be called the Court of the love and affection," his dwelling-house, and Judge in Ordinary, which court shall be all his personal estate; and it was held in a court of record; and every such judge shall, an action by the son against the sheriff for cise, and enjoy all the rights, powers, and within the limits of his jurisdiction, have, exerlevying on goods part of such estate, under privileges of a judge of a court of record. a fi. fa. against the father, that it was competent to the plaintiff to prove that by a bond bearing even date with the deed of assignment, he bound himself to maintain his father's wife and children; and that the jury having found that it was a part of the same transaction, and that the assignment was bond fide, it was not void against creditors under the stat. 13 Eliz. c. 5. 2. That every such judge shall divide his jurisdiction into districts, specifying the parishes and townships contained in each district, and the place of trial for each district, and shall hold courts for the trial of causes at each of such places as many times in the year as her majesty shall, by and with the advice of her most honourable Privy Council, think fit to order; and that every such judge shall appoint the particular times for holding his courts at each of the said places during the year, such times not being within the month of August, LORD BROUGHAM'S LOCAL COURTS nor being the times for holding the assizes or BILL. THE various projects of law reform thicken upon us, and every learned member of the House of Lords has now entered into the field with one or more bills of his own. From indications from various quarters, it appears to us tolerably certain that a Local Court Bill of some kind or other will pass, and we have therefore thought it right to bring before our the quarter sessions of the peace at the said places, and shall cause notice to be given in the London Gazette of the several districts within his jurisdiction, and of the parishes and townships contained in each district, and of the times and places so appointed for trial. 3. Such judges to be justices of the peace. 4. Registrars of the court and their clerks. 5. Criers, ushers, and messengers to be appointed. a Why not also an attorney of fifteen or twenty years actual practice? ED. 374 Lord Brougham's Local Courts Bill. 6. Judges not removable, except by address of the two houses of Parliament. 7. Clerks, &c., to be removable. 8. Judges to take oaths. 9. Registrars and clerks to take oaths. 10. No fees to be taken by officers but those allowed by the act. 11. Fees to be paid into consolidated fund after deducting salaries. Regarding the practitioners of these courts, the following provisions are proposed: at 15. That every such judge in ordinary shall have cognizance of and shall try, in the manner hereinafter directed, all actions of assumpsit, covenant, and debt, whether the debt be by specialty or on simple contract, and all actions whatever in the nature of actions for the recovery of debt, and all actions of trespass or trover for taking goods and chattels, provided the sum sought to be recovered shall not exceed twenty pounds: all actions of personal tort, and actions in the nature thereof, whether the same be for assault, or assault and battery, or false imprisonment, or slander by 12. That any persons admitted barristers at words, or for libel, or seduction, or criminal law, may practise as advocates before the said conversation, or false representation of chajudges in ordinary, and any persons admitted racter, solvency, or property, or for malicious attorneys of any of the superior courts prosecution, or for maliciously arresting or Westminster may practise as advocates, at- holding to bail, or for maliciously issuing out torneys, or agents before the said judges; but a commission or fiat in bankruptcy, or for any no attorney or agent so practising shall, on other tort whatsoever to the person or to perany pretence whatever, demand or take more sonal property, provided the damages sought by way of fees for work by him done than to be recovered shall not exceed fifty pounds: according to a table of fees from time to time provided always that no action shall be tried to be settled by the judges of the superior by any such judge in ordinary wherein the title courts at Westminster as herein-after men- to land, whether of freehold, copyhold, leasetioned ; and if any attorney or agent so prac-hold, or other tenure whatsoever, or to any tising shall offend in that behalf, it shall be tithe, toll, market, fair, or other franchise, lawful for any of the superior courts at West- shall be in question, unless both parties shall minster whereof he is an attorney to examine sign a memorandum stating that they believe the charge against him made by any person of such title to be in question, and are willing to whom he may have demanded or received such have it tried by any such judge: Provided also, fees, which court shall inquire into the same in that if any answer shall be filed with the regis the same manner as such court is now by law trar, whereby any title to land as aforesaid, or authorized to do in the case of other offences to tithe, toll, market, fair or other frauchise, committed by attorneys, and may, on satisfac- shall come in question, the cause shall cease tory proof of such charge, strike him off the before the judge in ordinary upon the party roll of attorneys of such court. who shall put in such answer verifying the matter of the same upon oath, and the costs of the other party shall be allowed and taxed as herein-after directed, unless both parties or their attorneys shall sign a memorandum agreeing that the cause shall proceed before the said judge. 13. Table of fees to be hung up in court. 14. Actions by Attorneys. That no attorney shall bring any action in any court of any judge in ordinary for any business done by him in or about any cause in any court of any judge in ordinary, until a copy of the bill, signed with the attorney's name and place of business, shall have been delivered personally, or at the dwelling place of the party charged therein, at least one calendar month before the commencement of the action; which bill may be referred by the party charged therein to the registrar of the court to be taxed; and if the attorney, or the party charged or his attorney, having seven days' notice of the time and place appointed for taxation, shall neglect to attend, the registrar shall proceed to tax the bill ea parte, and the amount allowed by him only shall be recovered: provided always, that every action brought in the court of any judge in ordinary by any attorney or solicitor for work done in any other court, or in any matter not conected with any cause in the court of any judge in ordinary, shall be brought according to the course of the law of the realm and the pro visions of this act. 16. That if both parties shall agree, by a memorandum signed by them or by their attor neys, that the judge in ordinary shall have power to try any of the actions herein-before respectively mentioned, in which the sum sought to be recovered shall exceed the sum of twenty pounds or fifty pounds, herein-before limited in the case of such actions respectively, or any action in which the title to land, whether of freehold, copyhold, leasehold, or other tenure, or to any tithe, toll, market, fair, or other franchise, shall be in question, then and in such case the said judge shall have jurisdiction and power to try such action; Provided always, that the said parties or their attorneys shall state in their said memorandum of agreement that they know such cause of action to be above the said sums respectively, or that they know such title to come in question in such action, and provided that such memorandum shall be filed with the registrar at the time of filing the demand of the plaintiff as herein after directed; provided also, that all local actions to be tried before any judge in ordinary, with the consent of the parties, shall be brought and tried in that jurisdiction only in which the lands, tenements, or heredita |