208 Queries.-Miscellanea.-Editor's Letter Box. INFANT. NECESSARIES. being duly qualified, they were to be examined by the Justices, and by their discretions their names should be put in a roll. They were required to be good and virtuous and of good Is an infant liable at law for money lent, if it be laid out in the purchase of necessaries? and is he liable to an action for representing himself to be of age, by which pretence he ob-fame; and, on being received, were to be sworn tains money? Common Law. - PAROCHIAL RATE. H. H. even The principle laid down in Rex v. Sharpe, 1 L. 0.-318, that occupiers, and not holders, are liable to the payment of parochial rates, though capable of a very extended application, seems to me to be very little acted upon at the present time. Under that decision, if we understand the term occupier to mean any person sleeping upon the premises (as residing there all day, without abiding the night, using "), would only amount to a though used for the purpose of trade, or other source of pecuniary advantage, the same being unoccupied, would not be subject to such rate. I know several parties who occupy premises in one part of a parish, and hold others in the same parish, no person sleeping upon the latter, and are yet compelled to pay the parochial rate for both; and I believe this to be the custom. Now whether the general principle here established is qualified by the particular circumstances of it, or whether separate tenements in the same parish belonging to one person are considered as one holding, though from different landlords, and rated accordingly, I am at a loss to comprehend. I hend, that from the fact of premises in two distinct parishes, F. and G., that in F. being inhabited, and in G. not, and the former only deemed liable to the parochial rates, we should be led to infer, that where both were situate in the same parish, and the tenant rated in respect to one, you might with greater reason avoid the payment of the rate for that which was altogether unoccupied. I should conceive that stables, though horses sleep in them, would be exempt upon the same principle. appre I should be glad if one of your numerous correspondents would look into the case above referred to, which appears to be "in point," and give me the benefit of his consideration. A. F. C. MISCELLANEA. FIRST INROLLMENT OF ATTORNEYS. One of the most important measures (says Mr. Crabb, p. 337, in his History of English Law) connected with the administration of justice, was that of putting the names of attorneys on the roll; which, in consequence of their increasing numbers, was now found necessary. Wherefore, it was enacted (4 Hen. 4. c. 18,) that for the better assurance of their well and truly to serve in their offices. It was moreover ordained (Ibid. c. 19.) that no steward, bailiff, nor minister of lords of franchises, having return of writs, should be attorney in a plea within the franchise. ATTORNEY AND SOLICITOR GENERAL. Probably the King's attorney was the only law officer of the Crown until the reign of Edward the Fourth. In the first year of this King, one Richard Fowler was made Solicitor General to the King; and in the eleventh year William Husee was appointed "Attornatus generalis in Anglia cum potestate deputandi clericos et officiaros sub se in qualitercumque curia de recordo." This is the first mention of the Attorney General, who at that time was appointed for life. Dugd. Chron. Ser. 67. 171. THE EDITOR'S LETTER BOX. · An "Observer" points out that an attorney has to pay, on his articles, a stamp duty of 1201.; on his admission, a duty of 251 ; and a further duty of 121. yearly for a certificate, without which he cannot practise; and he remonstrates against curtailing the income without thinking of the outgoings of the practitioner. The legislature, he contends, will for the profession: ultimately be the losers; will in time become so unprofitable, that no respectable man will turn his attention to it; and if the present course be persisted in, it will tend to foster a class of men so dishonest that justice will remain unadministered. A "Constant Subscriber" enquires why petitions in the Court of Review cannot be answered for hearing before the 2d day of November next, without special application to the Court? We refer W. D. to an article in our last number, p. 191, on Affidavits to hold to Bail, and suggest to him the necessity of revising the answer he has given to the quære on "Practice-Arrest," p. 160. The able Letter of Mr. Tooke on the Local Courts Bill, as first introduced in the House of Commons, will be found in our first volume, p. 172. The Queries and Answers of W. D.; A. B.; T. J. C.; A. Z.; and T., shall receive early attention. THE LORD CHANCELLOR'S NEW PROJECTS. THE Lord Chancellor is another Antæus, and receives fresh strength from every overthrow. It might have been thought that he would have taken the defeat of his favourite plan so much to heart, as to discourage, for some time, his eagerness for law-making, but apparently gaining confidence from his losses, ere three days elapse, he brings in three fresh bills. It must be confessed that the persons assuming to themselves the name, par excellence, of law reformers" have fared but badly in the present session of Parliament. First, they declared that a General Registry Bill was positively necessary to the welfare of the country; that it must pass; that its opponents were despicable alike in numbers, honesty, and talents; and that they acted only from motives the most sordid or ignorant. Unluckily, however, and in an evil hour, the House of Commons divided on the subject. Strange as it may appear, there was a conflict of opinion in this matter among men who agreed on most other questions, and the result was that this branch of the legislature was so silly, so blind to its best interests, and so completely led by the nose, as to throw out the bill. It is true, that if the list of the majority be consulted, the names of many reformers; of men entertaining liberal opinions; of men generally willing to adopt all beneficial reforms, will be found; -nevertheless, we say, by some strange fatality, and braving the stigma of "selfinterest," "ignorance," and so forth, a majority of the House of Commons threw out the Bill. No sooner, however, had this measure been disposed of, than a similar cry was NO, CLII, raised in favour of Local Courts. The same set of expressions were reserved in type, both for the supporters and opponents of the measure;-the former, of course, acted only from the most exalted and disinterested feelings which could ennoble humanity; the latter were biggoted partizans, influenced only by motives the most paltry and contemptible. It was true, that the profession was against the plan; but then, who in the name of common sense, on an alteration of the law, would think of taking the opinion of the lawyers! The Bill, under these circumstances, was brought in and deliberately discussed; and as the House of Commons took full time to consider the subject of a General Registry, so did the House of Lords maturely weigh that of Local Courts. Neither Bill was at once thrown out: all that could be said in their favour was attentively listened to; but the result was the same in both cases. The Peers threw out the Local Courts Bill: the House of Commons, all reformed and liberal as it is, threw out the Registry Bill. What conclusion is to be drawn from these facts? Simply, that the Legislature is averse from precipitate and sweeping reforms in the law. It has shewn no disinclination to gradual changes in the present system; to the remedy of actual grievances; to the introduction of ameliorating measures;—but it has declared that it will not assent to wild projects of reform, tending to unsettle the whole administration of justice throughout the country. We most sincerely congratulate our readers and the profession on this feeling. Having ourselves steadily opposed these two measures by every fair means in our power; having maintained our honest opinion as to the injurious effect they would have had on Р 210 The Lord Chancellor's New Projects. the profession and the public, we cannot | magic, will change print and paper into the express the satisfaction which we feel at the fate which they have sustained. We have been able to collect the opinions of the profession on this measure; we have been made the channel of communication to the public, and we are happy in the thought that we have been thus far instrumental in their defeat. law of the land. By this Bill it is proposed to abolish a number of minor Ecclesiastical Courts,-the Bishop's Peculiar Courts, as they are called-and transfer their jurisdiction to the Diocesan Courts; and considerable alterations are made in the law respecting Churchwardens, and the dilapidations and waste of church property, which will be found fully explained in the Report itself. IV. The Creation of a New Equity Judge. Our readers may remember that on the last day of the last Parliament, the Chancellor declared that it was his intention to sepa Let us now, however, advert to the new projects which were brought forward by the Lord Chancellor last week, rather, we presume, with the view of laying them before the House and the public, than (excepting the Chancery Regulation Bill) with any intention of carrying them through in the pre-rate the political from the judicial duties of sent session. The subjects which were adverted to by the Lord Chancellor were four in number: his office; and we have already endeavoured to state the true principle on this point, giv ing our general concurrence to the change, if itcan be adjusted without any further expense. The Chancellor proposes that a Court of Ap I.-The Chancery Regulation Bill. We have already expressed our humble approval of the provision of this Bill. It is now pro-peal from the decrees of the Master of the posed to omit the part of it relating to the Rolls and Vice Chancellor shall be established, taxation of costs, which is to be made the composed of the Lord Chancellor, the Massubject of a separate Bill, which has sub-ter of the Rolls, the Vice Chancellor, the sequently been brought in. II.-The Court of Review. The Lord Chancellor is at last beginning to be dissatisfied with his own creation. He is quite amazed to find that the learned Judges of this Court, after all, have very little to do; that they talked of shutting up the tribunal at the beginning of the present month; and that in spite of these being reduced to three, there are still at least two too many. Under these circumstances, we think the Chancellor shows great candour to admit the fact at once, and endeavour to remedy the blunder in the best way he can. This he proposes to do by giving the two puisne Judges of the Court of Review a concurrent jurisdiction with the Commissioners of the Insolvent Debtor's Court, and employing the latter learned persons on the Insolvent Circuits, as well in Wales as in England. To this, we think, there can be no reasonable objection.c Chief Baron, and such other Barons of the Exchequer as shall be appointed by Sign Manual, and the New Chief Judge in Equity: that a Chief Judge in Equity should be appointed, reserving to the Lord Chancellor his political functions, his ministerial functions, his functions in the House of Lords in cases of appeal to them, and his functions in the Privy Council, and his judicial functions in the Court of Chancery, to be exercised whenever necessary, and also his jurisdiction in lunacy. The Chief Judge in Equity is to be paid by taking 20007. from the Master of the Rolls on the death or resignation of Sir John Leach, making the salary 5000l., and 6000l. from the Lord Chancellor, leaving him 80001., and thus giving to the Chief Judge in Equity 80007.; but the Chancellor did not say how the salary was to be made up during the time which Sir John Leach shall hold his present office. III.-The Ecclesiastical Courts. The The Chief Judge will have jurisdiction in third Bill brought in is a Bill to carry the all matters depending in the Court of ChanGeneral Report of the Ecclesiastical Com-cery, and will have nearly the same powers missioners into effect. We have already as the Lord Chancellor. Three of the above printed this Report, and fully stated its pro-named Judges may form a Court, the Lord positions; and as we have in general approved of them, it follows that we approve of the Bill-which, by a little Parliamentary a See the Bill printed at length, and our observations on it, 5 L. O. 501; and ante, 3. The alterations in the Bill are given, post, p. 212. b The Report is printed in Monthly Record, vol. II; and see 3 L. O. 372, 386, 402. c See the Bill, p. 218, post. Chancellor, or the Chief Judge in Chancery being one. This is the plan, as far as we have been able to learn it, not having yet seen the Bill. As we now state it, we see many difficulties of detail; but these we cannot in fairness state, until we have full materials for forming a correct opinion. d See 5 L. O. 230. Recent Statutes. 211 RECENT STATUTES, DRAMATIC LITERARY PROPERTY. 3 W. 4. c. 15. A dramatic work is protected from piracy, not only like every other literary composition, but even after it has been represented on the stage, the author still retains the exclusive right of printing and publishing it. Thus where a short-hand writer had taken down a farce and inserted it in a magazine, an injunction was granted to stay the publication.a But although a dramatic composition cannot be printed without the author's consent, it has been held, that a play which had been published, might be represented without such consent, inasmuch as the representation is not a Reciting 54 Geo. 3. c. 156. The author of any dramatic piece shall have as his property the sole liberty of representing it or causing it to be represented at any place of dramatic entertainment. Proviso as to cases where, previous to the passing of this act, a consent has been given. "Whereas by an act passed in the fiftyfourth year of the reign of his late Majesty publishing within the meaning of the act. The case of Coleman v. Wathen, is the first autho-King George the Third, intituled An Act to rity on this point; but it may be observed, that there the party sued for penalties under the statute, and Lord Kenyon said there was no evidence to support the action. The statute extended only to prohibit the publication of the book itself, but there was no publication. Buller, J. said, reporting any thing from memory could never be a publication within the statute. The mere act of repeating such a performance, could not be left as evidence to the jury that the defendants had printed the work. In the late case of Murray v. Elliston, for representing Lord Byron's tragedy of Marino Faliero, "altered and abridged for the stage," without the consent of the owner of the copyright, by whom it had been previously printed and published, the Court of King's Bench certified its judgment to the Lord Chancellor "that an action could not be maintained for publicly acting and representing the tragedy abridged." So that the question whether an exact representation of a dramatic piece was not decided; the last decision being consistent with the authorities by which a bona fide abridgment are excepted. See Gyles v. Wilcox, 5 T. R. 245. The representation, also, as a Macklin v. Richardson, Amb. 695. b 5 T. R. 245. e 5 B. & A. 657; 1 D. & R. 299. amend the several Acts for the Encouragement 212 Recent Statutes.-Amendment of the Chancery Regulation Bill. duction, printed and published within ten against this act shall be brought, sued, and commenced within twelve calendar months next after such offence committed, or else the same shall be void and of no effect. years before the passing of this act by the author thereof or his assignee, or which shall hereafter be so printed and published, or the assignee of such author, shall, from the time of passing this act, or from the time of such publication respectively, until the end of twenty-eight years from the day of such first publication of the same, and also, if the author or authors, or the survivor of the authors, shall be living at the end of that period, during the residue of his natural life, have as his own property the sole liberty of representing, or causing to be represented, the same at any such place of dramatic entertainment as aforesaid, Explanation of words. IV. And be it further enacted, that whenever authors, persons, offenders, or others are spoken of in this act in the singular number or in the masculine gender, the same shall extend to any number of persons and to either sex. and shall be deemed and taken to be the pro- THE CHANCERY REGULATION BILL prietor thereof: Provided nevertheless, that AS AMENDED IN COMMITTEE. nothing in this act contained shall prejudice, alter, or affect the right or authority of any person to represent or cause to be represented, THIS Bill has undergone numerous alterations at any place or places of dramatic entertainment whatsoever, any such production as aforesaid, in all cases in which the author thereof or his assignee shall, previously to the passing of this act, have given his consent to or authorized such representation, but that such sole liberty of the author or his assignees shall be subject to such right or authority, Penalty on persons performing pieces contrary to this act. in passing through the Special Committee; several clauses have been altogether struck out, others modified, and some new matter introduced. In our numbers of the 27th of April and 4th of May last, will be found the previous bill, and the following are the alIterations which have been made. II. And be it further enacted, that if any and is "required" to determine motions deThe Master of the Rolls is to be at liberty person shall, during the continuance of such sole liberty as aforesaid, contrary to the intent pending in the Court of Chancery, and to of this act, or right of the author or his assighear and determine pleas and demurrers, subnee, represent, or cause to be represented, ject to appeal to the Lord Chancellor. without the consent in writing of the author The Registrars are to attend each Judge or other proprietor first had and obtained, at (not in rotation, as before proposed, but) as any place of dramatic entertainment within the the Lord Chancellor, with the concurrence of limits aforesaid, any such production as afore-the Master of the Rolls or the Vice Chancelsaid, or any part thereof, every such offender lor, may direct. shall be liable for each and every such repreThe duties of the Patentee of the Subpoena sentation to the payment of an amount not lessice, on his death, are to be performed by than forty shillings, or to the full amount of his deputy. the benefit or advantage arising from such representation, or the injury or loss sustained by the plaintiff therefrom, whichever shall be the greater damages, to the author or other pro-five years. prietor of such production so represented contrary to the true intent and meaning of this Vacancies occurring in the office of Six act, to be recovered, together with double Clerks are not to be filled up until the number costs of suit, by such author or other proprieis reduced to two, and such two shall then tors, in any Court having jurisdiction in such perform all the duties now performed by the cases in that part of the said United Kingdom or of the British dominions in which the offence The Junior Clerk in the Master's Office is eligible to be Chief Clerk, but he must have acted as such junior for ten years before his promotion. In the former Bill the term was six. No Clerk is to be articled to a Sworn or, Waiting Clerk between the passing of the Act and the 1st of May next. The clauses in the former Bill omitted in shall be committed; and in every such proceeding where the sole liberty of such author or his assignee as aforesaid shall be subject to such right or authority as aforesaid, it shall be the present, are as follow:-§ 3 to § 7 inclusufficient for the plaintiff to state that he has sive, relating to the intended Filacers (see vol. such sole liberty, without stating the same to v. pp. 502, 3, 4); part of the 1st section as to be subject to such right or authority, or other-abolishing the Six Clerks, and Sworn and wise mentioning the same. Limitation of Actions. III. Provided nevertheless, and be it further enacted, that all actions or proceedings for any offence or injury that shall be cominitted Waiting Clerks; the appointment of Assistant Clerks to the Registrars, in § 21 (p. 505); the custody of the reports, decrees and orders, in § 24 (p. 506). The allowance for copy money is increased from one penny to one penny halfpenny, § 35 (p. 508); and there is an alteration in § 38 |