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The Legal Observer, ,
SATURDAY, JULY 22, 1854.
THE REMAINING LAW BILLS BE- introduced for the purpose of enabling the FORE PARLIAMENT.
Lord Chancellor to accelerate the winding
up and completion of all the suits and The Session is drawing to a close. It Masters, by the appointment of additional
matters in the offices of the remaining may therefore be useful to take a brief re. view of the Bills before Parliament relating them in concluding their labours,
temporary clerks and accountants to assist
The to the Law, which yet remain for consideration.
Bill also proposes an important addition to
the staff of officers of the Court of ChanThere are two Bills relating to the Court of Chancery: the first authorising cery in regard to Receivers' accounts. One the Court to assess damages in injunction clerks are to be appointed to take the ac
or more Clerks of Accounts, and junior cases for breach of contract, or against a wrongful act, or for specific performance of counts of receivers
, consignees, managers, an agreement in lieu of sending an issue to clerks to the Judges. These new officers
&c., with powers like those of the chief be tried before a jury, or leaving the party to prosecute his remedy at Common Law.2 are to possess the same qualification as the This is one step towards an amalgamation
chief clerks, and to be subject to the same of the Jurisdiction of Courts of Law and regulations and restrictions.
It was rumoured that this Bill was inthe first Court, to which the suitor is tended to effect a very important alteration the first Court, to which the suitor is in the conduct of suits in the Conrt of entitled to resort. Courts have already acquired the power of Chancery, and that the duties of the chief enforcing a discovery of evidence, and in clerks of the Judges would be very materithe Second Common Law Procedure Bill it ally altered by withdrawing from them the is proposed to enable them to issue injunc- and other suits ; but it will be observed by
investigation of accounts in administration tiocs. It is but equal justice, therefore, the 12th section of the Bill, at p. 219, post, that Courts of Equity, where a suit pro- that the duties of the Clerks of Accounts perly originates with them, should be enabled to institute inquiries and afford com. An impression, no doubt, prevails, that
will not be so extensive as was anticipated. plete redress. It is of course quite another question, whether there should, or not, be lawyers are not skilful accountants, but it &,"fusion ” of the principles of Equity
should be remembered that the complicated and Common Law. At present we are parts of book-keeping, and the supposed dealing only with the jurisdiction and mode mystery of “double-entry,” are rarely apof procedure in the respective Courts. We plicable to accounts in the Court of Chanthink there can be no objection to this cery. The items generally consist of reamendment of the Law.
ceipts and payments which are to be inThe second Chancery Bill has just been vestigated and proved, and the difficulty
consists not so much in the mode of stating "It is said that the prorogation may take the account, as in the evidence to be adplace on the 3rd, but more probably on or duced by which the one party is to be about the 10th of August.
charged with all that he has or might have See the Bill, p. 198, ante.
received, and the other discharged by proof VOL. XLVIII. No. 1,376
The remaining Lau Bills before Parliament. of payments, and that such payments were debtors, and enforcing payment under exe: properly made. Now, this investigation is cutions in Scotland and Ireland. These and palpably more the business of the lawyer other proposed, enactments, and the rules than the accountant, though the habits of and orders for carrying them into practical the latter may enable him more speedily to effect, will go far to complete the efficiency state and sum up the items; bat' to ascer- of our Superior Courts, and enable them to tain their correctness belongs properly to the regain the just confidence of the public. former. We cannot admit that solicitors Under this department may be men. are deficient even in the mechanical part tioned the Bills which have already received of account-keeping. They are generally the Royal Assent for the Registration of well versed in money transactions both for Bills of Sale, in the same manner as Warthemselves and their clients. Every at- rants of Attorneys, Cognovits ayd Judges! torney of any extent of practice has a mul- Orders, and the Witnesses’ Bill, authorising titude of receipts and payments to enter, the parties to an action to compel the at and many of them are professionally con- tendance of Irish and Scotch witnesses, tint .cerned for merchants, manufacturers, and In this category may also be classed the traders, and frequently called upon to ex- proposed Summary Execution on dishof amine disputed accounts. As a class, there- noured Bills of Exchange, wbich we have fore, they are fully competent to the ac. frequently brought under the notice of our countant business of the Court of Chancery ; readers, and regarding which - we have and we are glad to find from this Bill that treated in a separate article at p. 220, posta the Lord Chancellor confines the selection The Bill for removing doubts as to the of the new officers of accounts to the same Acknowledgments of Married Women before class of persons as the Judges and Masters' Perpetual Commissioners, one of whom is Chief Clerks, viz.,-Attorneys and Solici. interested in the transaction, or the solicitor tors of 10 years' practice.3
in the case, may be expected speedily to To these Equity measures may be added pass both Houses, and set at rest a quesa third, the Court of Chancery Bill for tion which affected a vast multitude of the County Palatine of Lancaster, autho- titles. rising appeals to the Lords Justices. See So also the Bill for the Examination of the Bill, p. 175, ante, and Objections, p. Witnesses vivá voce in the Ecclesiastical
Courts, which has passed both Houses. Next in order may be noticed the Bank- The amendment of the Law relating to rupicy Bill for reducing the expensive esta- the Personal Estates of Married Women blishment of the Courts, and offering some has made such progress that it may be ex advantages to traders who resort thereto, pected to arrive at maturity. provided they have assets to the amount of The total repeai of the Laws against 1501.4 This Bill has passed the llouse of Usury may also probably be effected in the Lords, and we are not aware of any suffi- present Session, although introduced very cient reason to stop its progress in the recently. The House of Lords, however, lower House.
may possibly pause on a measure wbich With regard to the Common Law Bills, affects the landed interest, but the proit is peculiarly desirable that they should position is supported by the Government. pass in the present Session, whereby many The Bill for amending the Law of Mortimportant improvements will be effected in main has undergone much discussion in the the proceedings preparatory to trial, by the House of Commons. The clauses requiring service of process out of the jurisdiction, by wills for charitable purposes to be made the examination of parties, the production three months before death, and notice to of documents, and by the speedy reference be given to the Charitable Trust Commisof accounts ;-also at the trial by altera- sioners within a month after making the tions in the rules of evidence in regard to will, have been much opposed. We underhandwriting, the stamping of deeds, the stand that the promoters of the Bill are cross-examination of witnesses, and the willing to abandon the requisition of notice, adjournment of the trial -again, in the and shorten the term before death from discovery of the property of judgment three months to cne; but this concession
is not deemed sufficient, and the Bill may 3 The Bill, however, authorises the Masters yet be negatired. It is certainly
inexpedi old suits remaining in their offices,
(105,7those which are purely charitable, such as * See p. 195,"unie 18 299115ki'l 190110 i schools and hospitals, and to prevent a tes
91$ 0.0 & ad
The remaining Law Bilis before Parliament.
215 tator who may have no near relations from Criminal Justice (Metropolis), making a charitable bequest, unless he does Criminal Law Consolidation and Amend so a month before his decease, i
ment (nine Bills). - The Stamp Duties' Bill seems likely to
Youthful Offenders. be completed before the prorogation, al
Inspectors of Nuisances. though it met, in some of its details, with Metropolitan Building Act further Amend
ment. partial opposition. It' has made considerable
Friendly Societies, in Committee, and no oppoprogress sition appears to be anticipated in the Upper House i
In the House of Commons the remaining Bills Some further amendment of the Criminal are as follow :-Las may also be anticipated, particularly
For 3rd reading. as to the abolition of Grand Juries at the
Benefices' Augmentation. Central Criminal Court, and the prosecn
Consideration of Amendments. tion and punishment of Juvenile Offenders.
Bribery, Treating, and Undue Intiuence at
Elections. as some amendments relating to Friendly Societies, Savings Banks, and the Board of
In Committee. Health.
Chancery Procedure Amendment. Of the Bills which remain on the votes
Common Law Procedure. and proceedings of the respective Houses, Registration (No. 2).
Bills of Exchange and Promissory Notes we presume the following will not arrive at
Judgment Execution. maturity :
Court of Chancery (County Palatine of LanDeclaratory Suits.
Prevention of Frauds as to Bills of Ex-
Ecclesiastical Jurisdiction. Church Property which will probably be
Highways (Public Health Act) deferred ; and the seven Bills on Parlia
Inclosure, &c., of Land.
Stock in Trade Exemption. mentary Reform are already doomed, ex- Metropolitan Sewers' Acts Continuance. cept one on Bribery, but that also is of
Episcopal and Capitular Estates' Managedoubtful success.
For 2nd reading.
Usury Laws' Repeal. ing in the House of Lords :
Public Health Act Amendment.
Cinque Ports Administration of Justice. Savings' Banks.
Diesenters' Marriages, Merchant Shipping.
Appointment of Public Prosecutors,
Vacating Seats of Members. | Consideration of Amendments.
Abolition of Property Qualification of Mem-
Total repeal of Punishment of Death.
Amendment of Law of Adultery. "Baškruptcy and Insolvency ('Scotland). Apportionment of Rent, &c. Highway Rates ...
Abolition of Meinbers' Privilege from Arrest. Turnpike Trusts Arrangement,
Highways (Ireland). , 1
In Select Committee,
Friendly Societies' Regulation. Arbitration Law Amendment.
'Trial of Election Pesitions and Corrupt Conveyance of Real Property Act Amend-Practices. ment.
Fractice at Elections and Bribery, &c., Pres vention,
Corrupt Practices at Elections. 5 See the Bill, p. 197, ante.
New Statutes effecting allerations in the Law.web NEW STATUTES EFFECTING ALTE- of attorney in any personal action given by a RATIONS IN THE LAW. trader is 'now by law required to be filed),
otherwise such bill of sale shall, as against all REGISTRATION OF BILLS OF SALE.
assignees of the estate and effects of the per
son whose goods or any of them are comprised 17 & 18 Vict. c. 36.
in such bill of sale under the laws relating to Bills of sale to be void, unless the same bankruptcy or insolvency, or under any assignor a copy thereof be filed within 21 days, ment for the benefit of the creditors of such in like manner as warrants of attorney ; s. 1. person and as against all sheriff's officers and
Defensance or condition of every bill of other persons seizing any property or effects sale to be written on the same paper or
comprised in such bill of sale in the execution
of parchment; s. 2.
any process of any Court of Law or Equity
authorising the seizure of the goods of the perOfficer of Court to keep a book contain- son by whom or of whose goods such bill of ing particulars of each bill of sale ; s. 3. sale shall have been made, and against every
Officer entitled to a fee of 1s. for filing person on whose behalf such process shall bill of sale, and to account for the same; have been issued, be null and roid to all inue s. 4.
tents and purposes whatsoever, so far as rede Office copies or extracts to be given on gards the property in or right to the possession
of paying as for copies of judgments ; s. 5.
any personal chattels consprised in such bill
of sale, which at or after ihe time of such Satisfaction
bankruptcy, or of filing the insolvent's petition! Interpretation of terms ; s. 7.
in such insolvency, or of the execution by the Extent of Act; s. 8.
debtor of such assignment for the benetit of
his creditors, or of executing such process (as The following are the Title and Sections the case may be), and after the expiration of of the Act:
the said period of 21 days, shall le in the pos."
session or apparent possession of the person An Act for Preventing Frauds upon Creditors making such bill of sale, or of any person by secret Bills of Sale of Personal Chattels. against whom the process shall have issued
[10th July, 1854.] under or in the execution of which such bill of Whereas frauds are frequently committed sale shall have been made or given, as the case upon creditors by secret bills of sale of personal may be. chattels, whereby persons are enabled to keep 2. If such bill of sale shall be made or given up the appearance of being in good circum- subject to any defeasance or condition or destances and possessed of property, and the claration of trust not contained in the body grantees or holders of such bills of sale have thereof, such defeasance or condition or des the power of taking possession of the property claration of trust shall, for the purposes of this of such persons, to the exclusion of the rest of Act, be taken as part of such bill of sale, and the creditors: for remedy whereof, be it there- shall be written on the same paper or parchfore enacted as follows :
ment on which such bill of sale shall be writ1. Every bill of sale of personal chattels ten, before the time when the same or a copy made, after the passing of this Act, either ab. thereof respectively shall be filed, otherwise solutely or conditionally, or subject or not such bill of sale shall be null and void to all subject to any trusts, and whereby the grantee intents and purposes, as against the same or holder shall have power, either with or with persons and as regards the same property and out notice, and either immediately after the effects, as if such bill of sale or a copy thereof making of such bill of sale or at any future had not been filed according to the provisions time to seize or take possession of any pro- of this Act. perty and effects comprised in or made subject 3. The said officer of the said Court of to such bill of sale, and every schedule or in- Queen's Bench shall cause every bill of sale, ventory which shall be thereto annexed or and every such schedule and inventory as therein referred to, or a true copy thereof, and aforesaid, and every such copy filed in his said of every attestation of the execution thereof, office under the provisions of this Act; to be shall, together with an affidavit of the time of numbered, and shall keep a book or books in such bill of sale being made or given, and a de his said office, in which he shall cause to be scription of the residence and occupation of fairly entered an alphabetical list of every such the person making or giving the same, or, in bill of sale, containing therein the name, adcase the same shall be made or given by any dition, and description of the person making or person under or in the execution of any pro. viving the same, or in case the same shall be cess, then a description of the residence and made or given by any person under or in the exeoccupation of the person against whom such cution of process as aforesaid, then the name, process shall be issued, and of every attesting addition, and description of the person against witness to such bill of sale Je filed with the whom such process shall have issues, and also officer acting as clerk of che dodquetand o: the per on to whom or in whose favour the and judgments in the Court of Queen's Bench, sume shall have been given, together with the within 21 days after the making or giving of number, and the dates of the execution and uch bill of sale (in like manner as a warrant filing of the same, and the sum for which the
New Statutes effecting Alterations in the Law. v
2179 the same has heen given, and the time or times words and expressions shall have the meanings (if any) when the game is thereby made pay, herehy assigned to them, unless there be someable according to the form contained in the thing in the subject or context repugnant to Schedule to this Act, wbich said book or books, such constructions; (that is to say,w), and every bill of sale or copy thereof filed in The expression "bill of sale” shall include the said office, may be searched and viewed by bills of sale, assignments, transfers, declaraall persons at all, reasonable times, paying to tions of trust without transfer, and other asthe officer for every search against one person surances of personal chattels, and also powers the sum of 6d. and no more; and that, in ad- of attorney, authorities, or licences to take dition to the last-mentioned book, the said possession of personal chatiels as secuofficer of the said Court of Queen's Bench rity for any debt, but shall not include the sball keep another book or index, in which he following documents : that is to say, assignshall cause to be fairly inserted, as and when ments for the benefit of the creditors, of such bills of sale are filed in manner aloresaid, the person making or giving the same; the name, addition, and description of the per marriage settleinents; transiers or assignson making or giving the same, or of the per- ments of any ship or vessel or any share thereson against whom such process shall have is- of; transfers of goods in the ordinary course sued, as the case may be, and also of the per- of business of any trade or calling ; bills of sons to whom or in whose farour the same sale of goods in foreign parts or at sea; bills shall bave been given, but containing no fur- of lading; India warrants; warenouse keep, ther particulars thereof; which last-mentioned ers certificates; warrants or orders for the book or index all persons shall be permitted to delivery of goods, or any other documents Search for themselves, paying to the officer used in the ordinary course of business'as for such last: mentioned search the sun of 1s. proof of the possession or control of goods,
4. The said officer shall be entitled to re- or authorising or purporting to authorise, ceive, for his trouble in filing and entering either by endorsement or by delivery, the every such bill of sale or a copy thereof as possessor of such document to transfer or aforesaid, the sum of 1s. and no more; and receive goods chereby represented : such officer shall render a like account to the The expression “personal chattels” shall mean Commissioners of her Majesty's Treasury, and goods, furniture, fixtures, and other articles the said Commissioners shall have the like capable of complete transfer by delivery, and powers in every particular with respect to shall not include chattel interests in real such account, and the amount of remuneration estate, nor shares or interests in the stock, of such officer, and with respect to any surplus funds, or securities of any government, or in of the fees received by him, as is provided by the capital or property of any incorporated or the 75th chapter of the Statute passed in the joint-stock company, nor choses in action, 13th and 14th years of the reign of her present nor any stock or produce upon any farm or Majesty with respect to the officers of the Court lands which by virtue of any covenant or of Commoo Pleas therein-mentioned.
agreement, or of the custom of the country, 5. Any person shall be entitled to have an ought not to be removed from any farm office copy or an extract of every bill of sale, or where the same shall be at the time of the of the copy thereof filed as aforesaid, upon making or giving of such bill of sale. paying for the same at the like rate as for Personal chattels shall be deemed to be in the office copies of judgments in the said Court of apparent possession" of the person makQueen's Bench.
ing or giving the bill of sale, so long as they 6. It shall be lawful for any Judge of the shall remain or be in or upon any house, said Court of Queen's Bench to order a me- mill, warehouse, building, works, yard, morandum of satisfaction to he written upon land, or other premises occupied by him, or any bill of sale or copy thereof respectively as as they shall be used and enjoyed by him in aforesaid, if it shall appear to hin that the any place whatsoever, notwithstanding that debt (if any), for which such bill of sale is formal possession thereof may have been given as security shall have been satisfied or taken by or given to any other person. disenarged.
8. This Act shall not extend to Scotland or 7. la construing this Act the following Ireland.
SCHEDULE. Name, &c., of th
Whether Bill of person making
Sale, Assignment, lufibre person Transfer, or what
sum for which When
Date of Sae, or of the me
other Assurance, to wliom
Filing. you divested of made or given. and whether abso
payable. Hute or conditional Property.