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New Bills in Parliament.

22. The like provision in unions effected under local acts of incorporation. Proviso for taking future averages.

23. Parliamentary returns to be evidence of actual expense of poor to each parish.

24. Repeal of 22 G. 3, c. 83, s. 5, & 56 G. 3, c. 129. Part of s. 1, restraining parishes from contributing to workhouse at a greater distance than ten miles; and 22 G. 3, c. 83, s. 29, limiting class of persons to be sent to workhouses.

25. Power to dissolve, add to, or take from any union. Rights and interests of parishes and claims on them to be ascertained and secured. Dissolution or alteration not to affect rights of third parties, nor to take place without the consent of guardians of parish.

Union for purposes of settlement.

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funds to be thereafter paid by each of the parishes of such union shall be ascertained and fixed in like manner as in and by this act is provided for in cases where any union of parishes is made or proposed to be made under the provisions thereof, and shall not be subject to further variation.

27. Parishes united for purpose of settleinent, may be one parish for purpose of rating, with consent of guardians. Agreement for such rating to be deposited with clerk of the peace.

28. Guardians to ascertain and assess value of property. Assessment and value to be allowed by Justices. Power of appeal against same before Justices at petty or special ses

sions.

29. In such cases all expenditure for the poor to be in common. Expense of valuation chargeable on common rate. Proviso for consent of parishes not represented by guardian.

30. Powers of former acts for unions of

parishes, and election of parish vestries, vestrymen, visitors, guardians and auditors, to be exercised under control of commissioners.

Board of guardians.

31. Constitution and election of board of

guardians for unions. No guardian to have
power except at local board, unless otherwise
directed by the Commissioners.
may be re-elected.

32. The like for single parishes.

Guardians

33. At election of guardians votes to be taken in writing, and owners as well as occupiers to vote. Votes to be taken according to 58 G. 3, c. 69, & 59 G. 3, c. 85.

Bye Laws.

26. That in any union already formed or which may hereafter be formed in pursuance of or under the provisions of this act, it shall be lawful to and for a majority, consisting of three-fourths of the guardians of such union, under their hands, to agree, subject to the approbation of the said Commissioners, for or on behalf of the respective parishes forming such union, that, for the purposes of settlement, such parishes shall be considered as one parish; and in such case such agreement shall be reduced into writing in such form as the said Commissioners shall prescribe, and the same and as many parts or duplicates thereof as the said Commissioners shall direct, shall be signed by the said majority of the said guardians consenting thereto, and signed and sealed by the said commissioners, one whereof shall be forthwith deposited with the said Commis34. Elections of guardians, visitors and sioners, and another or others with the clerk other officers under Gilbert's or local acts to or clerks of the peace of the county or coun-be made according to the provisions of this ties, district or districts in which the parishes act. of such union shall be respectively situate; and the said clerk or clerks of the peace shall and is or are hereby required, upon the receipt of such agreement, or any part or duplicate thereof so signed and sealed as aforesaid, to file the same with the records of such county or counties, district or districts; and from and after the depositing of the same as aforesaid the said agreement shall for ever thereafter be binding on each of such parishes, and shall not be revoked or annulled; and the settlement of a poor person in any one of the parishes of such union shall be considered, as between such parishes, a settlement in such union, and the expense of maintaining, supporting and relieving every such poor person, and all other expenses of maintaining, supporting and relieving the poor to which any one of such parishes shall be liable after the depositing of such agreement part or duplicate as aforesaid, or of ascertaining, litigating or adjudging the settlement of any poor person in any of such parishes, shall form part of the general expenses and be paid out of the common funds of such union: Provided, that wherever such agreement is entered into as aforesaid, the rate or proportion of contribution to such common in a future Number.

35. Commissioners to make bye-laws for present or future workhouses, and to vary byelaws already in force, or to be made hereafter. Bye-laws affecting more than one union to be deemed general rules.

36. Justices empowered to see bye-laws enforced, and to visit workhouses, pursuant to 30 G. 3, c. 49. Power to Justices, &c. of visiting workhouses reserved where Commissioners' rules, &c. not in force.

Lunatics.

37. No lunatic, insane person, or dangerous idiot, to be ordered into or received in a workhouse.

Assistant Overseers and other Officers.

38. Power to direct appointment of paid officers for parishes or unions, and fix their duties, and mode of appointment and dismissal, and regulate salaries.

c We shall probably advert to these clauses

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39. Guardians to appoint officers and take | such orders and regulations ought to come in security. Surety not to be discharged by penalties enforced against principals.

40. Masters of workhouses and parish officers to be under order of board, and removable by them.

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operation, notwithstanding the special circumstances alleged by such overseer or guardian, it shall be lawful for the said Commissioners, by a peremptory order, to direct that, from and after a day to be fixed thereby, such orders and regulations, or such parts or modifications thereof, as they may think expedient and proper, shall be enforced and observed by such overseers and guardians; and if any allowance be made or relief given by such overseers or guardians after the said last-mentioned period, contrary to any such last-mentioned order, the amount of the relief or allowance so given shall be disallowed in the accounts of the party giving the same: Provided also, that a quarterly report of all such cases as shall occur in any quarter shall, at the end of every such quarter, be laid by the said Commissioners before one of his Majesty's Principal Secretaries of State: Provided also, that in case the overseers or guardians of any parish or union

force shall depart from them, or any of them, in any particular instance or instances of emergency, and shall, within fifteen days after every such departure, report the same and the grounds thereof to the said Commissioners, and the said Commissioners shall approve of such departure, then and in such case the relief granted by such overseers or guardians, if otherwise lawful, shall not be unlawful or subject to be disallowed.

46. That from and after the first day of June 1835, no overseer, guardian and other person having the distribution of the poor rate shall give any relief therefrom to able-bodied persons or their families, who at the time of applying for such relief shall be wholly or partially in the employment of any person or persons; nor in any case shall such overseer, guardian or other person give such relief to any able-bodied person without setting the person so relieved, and whether relieved in or out of any workhouse, on work; and all sums which any such overseer, guardian or other person having the distribution of the poor rates as aforesaid shall pay or disburse contrary to this provision, shall be disallowed on passing the accounts of such overseer, guardian or other person.

45. That from and after the passing of this act, it shall be lawful for the said Commis-in which such orders or regulations shall be in sioners, by such orders or regulations as they may think fit, to declare to what extent the relief to be given to able-bodied persons or to their families in any particular parish or union may be administered out of the workhouse of such parish or union, by payments in money, or with food or clothing in kind, or partly in kind and partly in money, and in what proportions, to what persons or class of persons, at what times and places, on what conditions, and in what manner such out-door relief may be afforded; and all relief which shall be given by any overseer, guardian or other person having the control or distribution of the funds of such parish or union, contrary to such orders or regulations, shall be and the same is hereby declared to be unlawful, and shall be disallowed in the accounts of the person giving the same, subject to the exceptions hereinafter mentioned: Provided always, that in case the overseers or guardians of any parish or union to which such orders or regulations shall be addressed or directed shall, upon consideration of the special circumstances of such parish or union, or of any person or class of persons therein, be of opinion that the application and enforcing of such orders or regulations, or of any part thereof, at the time or in the manner prescribed by the said Commissioners, would be inexpedient, it shall be lawful for such overseers or guardians to delay the operation of such orders or regulations, or of any part thereof, for any period not exceeding the space of thirty days; and such overseers or guardians shall, before the expiration of such thirty days, make a statement and report of such special circumstances to the said Commissioners; and all relief which shall be given by such overseers or guardians, before an answer to such report shall have been returned by the said Commissioners, if otherwise lawful, shall not be deemed unlawful although the same shall have been given contrary to such orders or regulations, or any of them; but in case the said Commissioners shall disapprove of such delay, or think that for the future

47. Repeal of 36 G. 3. c. 23; 55 G. 3. c. 137. ss. 3 & 4, and 59 G. 3. c. 12. ss. 2 & 5.

48. That from and after the passing of this act the ordering, giving and directing of all relief to the poor of any parish which, according to the provisions of any of the said recited acts or of this act, or of any local acts, shall be under the government and control of any guardians of the poor, or of any vestry, and whether forming part of any union or incorporation or not (but subject in all cases to, and saving and excepting the powers of, the said Commissioners appointed under this act,) shall appertain and belong exclusively to such guardians of the poor, or vestries, or to a board thereof, according to the respective provisions of the acts under which such guardians and vestries may have been or shall be appointed; and it shall not be lawful for any overseer of the poor or

New Bills in Parliament.

other person to order or give, or cause to be given, any relief from the poor rates to the poor of any such parish, save and except under the direction and control or in pursuance of the order of such guardians of the poor, or vestries, or any board thereof, as the case may be.

49. That from and after the passing of this act the master of every workhouse shall, on such days and times, and in such form as the said Commissioners shall appoint, take an account of, and register in a book to be provided at the expense of the parish or union to which such workhouse shall belong, and to be kept specially for that purpose, the name of every poor person who shall on any such days and times be in the receipt of relief at or in such workhouse, together with such particulars respecting the families and settlement of every such poor person, and his and their relief and employment, as the said Commissioners shall think fit; and in like manner, on such days or times as the said Commissioners shall appoint, the overseer of the poor of every such parish shall register in a book to be provided the name of every poor person then in the receipt of relief in such parish out of the workhouse, together with such particulars respecting the family and settlement of every such poor person, and his and their relief and employments, as the said Commissioners shall think fit; and as to all persons who shall thereafter receive relief at, or in, or out of a workhouse, a similar register | and account shall be kept by the like persons respectively when and as often as such relief shall be granted.

50. That from and after the passing of this act all relief given to or on account of the wife, or to or on account of any child or children under the age of sixteen, shall be considered as given to the husband of such wife, or to the father of such child or children, as the case may be, and any relief given to or on account of any child or children, under the age of sixteen, of any widow, shall be considered as given to such widow.

51. That every man who shall marry a woman having a child or children at the time of such marriage, whether such child or children be legitimate or illegitimate, shall be liable to maintain such child or children as a part of his family, and shall be chargeable with relief, or the cost price thereof, granted to or on account of such child or children until such child or children shall respectively attain the age of sixteen, or, being females, shall marry, or until the death of the mother of such child or children; and such child or children shall, for the purposes, of this act, be deemed a part of such husband's family accordingly.

52. That from and after the passing of this act, such relief, or the cost price thereof as shall be given to or on account of any able-bodied poor person above the age of sixteen, or to his wife, or any part of his family under that age, and which the said Commissioners shall by any rule, order, or regulation declare or direct to be given or considered as given by way of loan, and whether any receipt for such relief, or en

535

gagement to pay the same or the cost price thereof, or any part thereof, shall have been given or not by the person to or on account of whom the same shall have been so given, shall be considered and the same is hereby declared to be a loan to such poor person, and shall and may be recoverable as money advanced by way of loan, or in anticipation of any pension, superannuation or other allowance, is recoverable and may be recovered under the provisions of the 59 G. 3. c. 12. ss. 29, 30, 31, 32.

53. That in all cases where any relief shall have been given by way of loan under the said recited act, or where any relief, or the cost price thereof, shall be treated as a loan under the rules, orders and regulations of the said Commissioners, or the provisions of this act, it shall be lawful for any two Justices, upon the application of the overseers or guardians of the parish or union providing such relief, and upon proof of the same having been given to or on account of any such able-bodied person, his wife or family, as aforesaid, and of the same still remaining due, to issue a summons under their hands requiring such able-bodied person, as well as the master or employer of such person, or some person on his behalf, to appear before them, or any two other Justices, at a time and place to be named in such summons, to show cause why any wages due from such master or employer should not be paid over to such overseers or guardians, and if no sufficient cause be shown to the contrary, or if such able-bodied person, or some one on his behalf, shall not appear on the return of such summons, then the said Justices shall, by order under their hands, direct the master or employer for the time being from whom any wages shall from time to time be due or payable to such poor person, to pay either in one sum or by such weekly or other instalments as the said Justices shall in their discretion think fit, out of such wages, to such overseers or guardians, the amount of such relief, or so much thereof as shall from time to time be due or unpaid; and the payment to and receipt of any such overseer or guardian shall be a good discharge to such master or employer for so much of any such wages as shall be so paid by virtue of any such order; and if any such master or employer shall refuse or neglect to pay to the overseer or guardian producing any such order the money thereby directed to be paid, according to the terms of such order, and at the periods thereby fixed for such payment, the same may be levied and recovered, and the payment thereof from time to time enforced against such master or employer in such and the like manner as penalties and forfeitures are recoverable under this act.

54. Repeal of so much of 43 G. 3, c. 47, as requires relief to be given to wives and families of substitutes, hired men, or volunteers of militia.

536

Selections from Correspondence.

SELECTIONS FROM CORRESPONDENCE. No. LII.

GENERAL REGISTRY OF DEEDS.

To the Editor of the Legal Observer.
Sir,

WHATEVER may be the effect of the Registration Bill in London practice, I am quite sure that it will produce in the country nothing but additional expense, difficulty, and alarm, and no corresponding safety: although the individual transactions in London as compared with those in the country, are large; still, being in the latter an hundred fold more in number, the aggregate amount of value and interest, is at least equal. It would be difficult in the country, nay, in many instances, impracticable, to persuade the purchaser of an estate to pay his money, unless he can carry away with him his title deeds; and equally so to induce a seller to sign them without he receives his money; and yet the conveyance deed cannot be registered until it is compleat: besides, all who are acquainted with the country, know well the active and prying curiosity that prevails to become acquainted with the affairs of one's neighbour. If a deed is to be inrolled or registered, this necessarily adds to the number of acts in the transaction, and consequently to the expense; and although a title may perhaps be more readily investigated in some points, yet in respect to expense there will be no saving, as attendance must be given at the Register Office, which may be twenty or thirty miles distant, for which as much would be charged as for perusing the title in the present mode by abstracts and comparing with the deeds, and in many instances more.

notice. The first thing I take into consideration, is the good of the community at large. I myself being a member of society, as well as belonging to the profession, think it right first to look to the public benefit: will these fees effect the end of bringing justice home to every man's door? This is a very difficult question to answer; but I think, after weighing it in all possible ways, I should answer it in the negative, for this reason:-Actions of 201. were formerly conducted by men of honorable principles, who were deriving their incomes more from other sources than these paltry actions; and it was the custom of these gentlemen (I speak from experience,) to accept a cognovit, or any good security, rather than carry such cases down to trial; but now, what respectable man can afford to undertake the superintendence of them: what will be the result? Why, they will necessarily fall into the management of men of less scrupulous principles, who will run up costs to the utmost farthing allowed them, and very often involve parties in litigation, where before a settlement would have been obtained.

The fees are too small to pay any one for the trouble of conducting an action under 207.; the remuneration is not equal to the outlay and risk of obtaining payment when the action is concluded. I am persuaded, the respectable part of the profession will refuse, as far as possible, the actions under that amount; and it will only be in agency offices, where the agents are willing to oblige the country solicitor by undertaking the management of these suits, that they will be conducted as before. should have gone more fully into the Scale of Costs, but perceiving that your correspondents, in p. 421. have pointed out where the evils really exist, I think it unnecessary.

I

Many members of the profession console themselves by thinking that a better time will soon come, and that the reforming system must soon stop, for it will overreach itself. This may be a true remark; but how much sooner may men pull down a house than rebuild it;-let them take this into consideration, and bestir themselves.

There then remains the question of fraud and concealment; now to obviate this, (and which I incline to think is almost an imaginary one, and generally speaking, the danger must arise from negligence), I would suggest that in Before I conclude, I wish to notice the intiorder to render any one's deed valid, whether of mation of a reduction in the salaries of the conveyance, mortgage, settlement, or other- Judges. Nothing will grieve me more than wise, it should be required to have a short me- to witness such an act of impolicy and injusmorial of date, parties, and purport of such tice. These eminent persons are fitted in new deed, indorsed on the last preceding in- every respect to fill the arduous and laborious strument of conveyance or will, &c.; all inter-duty that is required of them-they have left mediate deeds forming the last transaction, and counter-memorial as to the new deed. Thus, a register of title would be kept on the title deeds themselves, and concealment and fraud, besides exposure, prevented.

A COUNTRY SOLICITOR.

NEW SCALE OF COSTS.

Sir, Perceiving by your remarks, and the letters of your correspondents, that it is your wish to arrive at a just conclusion concerning the New Scale of Costs, I offer the following to your

a lucrative practice, with every prospect of the appointment which they have accepted remaining as heretofore. The laborer is worthy of his hire, and the Judges are the last men who can be considered as overpaid for their services. The men who talk of this reform cannot know in what the duties of a Judge consist. I trust we shall hear no more of such a reduction. S. W. H.

Selections from Correspondence. -Laws of France.

537

NEW SCALE OF COSTS.-FURTHER REFORMS. | THE CODES AND COURTS OF JUSTICE OF FRANCE.

Mr. Editor,

Presuming that the new scale of costs is the THE Fourth Edition of Mr. Okey's Digest ne plus ultra in reform by means of the Judges'

Orders, allow me to revert to the Orders which have been issued since 1830.

The verbosity in a declaration of assumpsit

has been abbreviated.

The practice of the Courts, as well as the process, has been rendered uniform.

An attempt has been made to obviate the jargon in pleading.

of the Law, Usage and Custom, affecting the intercourse of the subjects of Great Britain and France, (just published by Saunders and Benning,) enables us to make some extracts relating to the several Codes of France, and the Courts for the administration of Justice, which may be acceptable to our readers at a period when so many changes are taking place in this country, both in the Law and the Practice of the Courts.

The Code Civil is divided into three books:

the first treating of persons, and the second and third of property or things; with their various descriptions, the several modes of acquiring and of transmitting them.

Inferring from the publication of the scale of costs, that the Judges do not intend to proceed in simplifying the remedial law, it appears to ine that the Judges have not sufficiently aided the exertions of the Legislature in cheapening There are seven French Codes; but these and expediting it, and that the principle of this do not complete the fundamental law of scale is bad, inasmuch as the proceedings are France: the addition of a Code Municipal, based on a conviction that the defendant is a Code Rural, and a Code Pénal Militaire, oppressed, and that the attorney is rapacious. Let us try the propriety in applying these epi- is shortly expected. The Codes, as they thets. A creditor in general repeatedly re- at present exist, may be thus briefly desquests payment from his debtor, in vain; his cribed. attorney then requests payment; then a writ may perhaps issue, when often the debt is paid. The writ, a circular from the fountain of justice, is in my opinion unnecessary; abolish it, and you rid the defendant of ten shillings expense, and of the searching for appearance. The Code de Procédure Civile, which is in Let all actions be commenced by the statement two parts, treats first of the practice and of the grievance; that is, the declaration as in ejectment, replevin. Let the defendant be ceedings before Justices of the Peace, inferior Courts, Cours Royale, and the Execution of served with it; abolish the notice thereof, as unnecessary; let the rule to plead and demand-malities in cases requiring a peculiar mode of Judgments; the second part directs the foring plea, be deemed superfluous, unless there want an indorsement on declaration, stating The Code de Commerce, or Commercial the time allowed for pleading. As to the rapacity of an attorney, I have seen in trade, and in the habit of contracting comCode, applies only to those who are engaged instances of it; a repetition of which, these di-mercial engagements: it is divided into four rections will not prevent. I have known 447. demanded, on a writ sued for recovering 81. and a few shillings. To prevent a recurrence of such a demand, let an action once commenced be compromised only before the Master. The amount of the fees is small enough; all the things enumerated there must be done to reduce a debt into possession.

proceeding, as in Arbitrations.

pro

parts. These relate, 1st, to the nature of comcial contracts; 2ndly, to maritime commerce merce generally, to partnerships and commerin particular; 3dly, to bankruptcy and insolvency; and 4thly, to Commercial Courts and their jurisdiction.

The Code d'Instruction Criminelle is com

posed of two parts. The first relates to the Judicial Police, and the duties of officers executing it, as Maires, Commissaires de Police, Procureurs du Roi, Juges d'Instruction; the second part treats of the mode of proceeding before Courts and Juries in criminal matters.

I am not aware of any difference that should be made between costs, as of an attorney and client, and of party and party; for the conduct of a defendant is the cause of a prudent creditor gaining a knowlege of his legal rights. For this study of a client's case, the crude directions of the Courts deny remuneration; for a the law, and points out the several punishments client generally says, I cannot understand pay-applicable to each offence. ing these costs.

J. D.

The Code Pénal classifies all infractions of

The Code Forestier relates to woods and forests, the properties of the Crown, or of the State; to the protection afforded them by the

[Our correspondent is, we presume, in earnest in some of his suggestions; but others have tendency to make legal reforms ridiculous.police, and to the several offences against the

ED.]

Forest Laws.

The Code de la Pèche Fluviale contains eight chapters relative to the right of fishery; to the police and preservation of fisheries, to offences against the same, with the modes of proceeding to convictions, and the consequent punishments.

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