Abbildungen der Seite
PDF
EPUB

286

Equity Sittings.- Notes of the Week - Answers to Queries. ADJOURNMENT OF SITTINGS. early opportunity of noticing the changes

which it will effect, as well in the Law as Lord Chancellor.

the Practice of the Courts. It is understood that the Lord Chancellor will hear a few special motions before the prorogation of Parliament. The regular ANSWERS TO QUERIES. business will terminate, we understand, as before announced, this day, the 10th of Law of Property and Conveyancing. August..

APPOINTMENT OF NEW TRUSTEE. P. 240. Master of the Rolls.

The requisite party to appoint a new trusHis Honor the Master of the Rolls con- | tee, is he to whom a power to do so is given. 'cluded his sittings on Monday last, the 5th in the instance adduced by “Adviser,” the of August.

surviving trustee has a power to appoint one Vice Chancellor.

to supply the vacancy occasioned by the death The sittings of his Honor the Vice Chan

of his co-trustee. A precedent for a deed for

the appointment of a trustee under such circellor will close this day, 'the 10th of Au

cumstances, will be found in Stewart's Pracgust.

tice of Conveyancing, vol. I. p. 432, and in other practical works.

W.D. EXCHEQUER EQUITY SITTINGS. The Lord Chief Baron, we understand, will adjourn his sittings from this day, until

VALIDITY OF MARRIAGE. P. 240. the next Term, in case the twelve causes As to the query, p. 240, “whether the issue included in yesterday's list be heard.

of a Scotch marriage can claim in his own right the inlieritance of his father,” of course

the only point necessary to be considered is, AMENDMENTS

whether the marriage would be deemed valid TO THE LAW AMENDMENT BILL. in this country. For some time it was doubt.

ed, not whether marriages solemnized in Scot

land between natives were valid in this coun• This Bill, which has been several times try (2 H. Bl. 145), but whether the marriages altered in the House of Commons, is now of people eloping from this country to Scotbefore the House of Lords, and their Lordland, in order to evade our laws regarding the ships have agreed to the amendments made solemnization, were valid in England. See in the Commons, exeept as to a formal Lord Stair's Institutes of the Laws of Seot.

land, p. 26; and Lord Erskine's Principles of matter.

the Laws of Scotland, who considers it fraudem The chief point to be noticed is the res- | toration of the Mittimus clause (which had facere legi. I think that Crompton v. Beer. toration of the Mittimus clause (which had 'croft, Buller's N. P. 113, is the first case where passed the Lords), by which the Courts of a marriage between English subjects eloping Common Law, or any Judge thereof, are was declared to be valid. In Roper's Hus empowered, in actions where the debt or band and Wife, p. 336, the point as to the damages to be recovered shall not exceed evasion of our laws is ably refuted: after citing Twenty Pounds, and not involve any diffi- 1.

many cases, it states, vol. 2. p. 495,. that

“there does not appear to be any exception to cult question of law or fact, to direct issues

the rule, that a foreign marriage, valid accordto be tried before the sheriff of the county ling to the law of the land where celebrated, is where the action is laid.

good every where else.” I refer “ Enquirer" The next amendment, for which we have to that work. The marriage is good, and the contended, is the period of Limitation of issue will inherit.

T. J. C. Actions of Debt and Covenant. These are extended from five to ten years from the end EXECUTORS' ACCOUNTS. P. 16. of the session, for rent, bonds, and recog- The' executors may be compelled to furnish nizances, or twenty years (instead of ten) an account and pay the legacy, on application after the cause of action.

to a Court of Equity by the legatee. And in the proviso for cases where there

J.J. has been an acknowledgment in writing, or

PURCHASE BY EXECUTORS. P. 94.
part payment, the term is extended from
ten to twenty years.

Without renunciation, on a re-sale, the title
De Faucamy bad.

J.J. The clause compelling the attendance of witnesses before arbitrators, is limited to

RELEASE.-STAMP. P. 95. two consecutive days.

The release, in this case, would require a We presume the Royal Assent will soon 11. 158. stamp.

J.J. be given to this Bill, and we shall take an

[ocr errors][ocr errors][merged small][merged small][ocr errors][merged small]

J.J.

lpears to have been ruled 11,

PURCHASE.-TITLES. P. 223.

QUERIES.. A. B., by a Court of Equity, would be compelled to complete as to the leasehold, although no title be shewn to the freehold. By

Practice. the agreement, the consideration money ap

TESTE OF WRITS. pears to be separate, and it is clear, the es

In page 237 of the Legal Observer, is a case tates also would be adjudged and construed of

reported, headed “Teste of Writ -Amendthe same effect, there being no facts on the ment,” Englehart v. Dunbar : by which it apface of the agreement to induce a court or pears to have been ruled, that a ca. sa. tested jury to think otherwise.

before judgment signed was on that account irregular. There must evidently be some error

in this, as it is a thing that occurs daily on rules Practice. '

to compute, when judgment is signed in va· PROSECUTION.—PRACTICE. P. 224. cation, and the writ of execution is tested the In prosecutions, it is the accustomed practice / last day of the term.

S. G. S. to give a brief to counsel, or an autborised agent; and the courts are so tenacious of this rule, that the same is never deviated from,

MAGISTRATE'S CERTIFICATE. except in the case of prisoners, who may not What authority has a magistrate, in cases of have taken this precaution; and in that case assault, to give the defendant a “ certificate," the Courts examine the depositions and proceed which he states is a bar to an indictment, as by examining the witnesses in the usual way. well as an action? Is it really a bar to an J.J. action?

C. N.

Common Law.

BILL OF EXCHANGE.
TRESPASS. P. 239 and 271.

Can the amount of a bill of exchange be I beg to differ from your correspondent recovered of the acceptor, the stamp being acW.D. as regards this point. On reading the cepted in blankWould evidence be received query and answer with attention, I submit at the trial, of that fact? Or can the plaintiff (but not without great doubt when I read the be called upon to prove the precise allegations 33d sec. of tbe 7 & 8 G. 4. c. 29, which enacts, of his declaration (as to the drawing and then “That if any person shall unlawfully and acceptance of the bill)? A reference to cases wilfully kill, wound, or take any house dove or is requested. And is there any difference if pigeon, under such circumstances as shall not the bill be in the hands of an innocent party? amount to larceny at common law, every such

C. N. offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over : and above the value of the bird, any sum not exceeding two pounds,”) that A. may lawfully

MISCELLANEA. shoot the pigeons when damaging his flowers - and plants, but then is he not subject to the last mentioned penalty of 21. by so doing?

SAXON COUNTY COURTS." The pigeons, too, must be shot when they are in the very act of destroying, and not when It is observed by Mr. Crabb (Hist. Eng. Law. they have taken flight and are in the act of 29), that the Saxon records do not shew any returning. And should A. be so fortunate as to kill any of the pigeons, nevertheless he has such procedure as trial by jury; the decision, no right of property to the same, and conse- Lowever, at least of important points, was not quently, could not convert them to his own left to a single judge. He also observes, that use, as it is admitted on the face of the query, that they are the birds of B.; and by so taking

the members of the Court being all Thanes, them he would subject himself to an action at were not called upon to deliver their judgment the suit of B. Vide also Deuell v. Saunders,

| upon oath, but after the manner of peers in Cro. Jac. 491, where Montague held, that a party hath jus proprietatis in pigeons, for they Parliament, upon their honor. The bishop are as domestics, and have animum revertendi, and alderman presided by virtue of their ofand ought not to be killed ; and for the killing 1.

fice; but the rest of the Court being equal in of them an action lies. See also Herisley v. Wilkinson, Cro. Car. 387. After perusing rank, there was not that distinction which ex. the whole of the before mentioned authorities, isted in after times between the judge and and especially the said recited act, I apprehend the best and most advisable measures to be jury.

I jury. The Thanes determined the fact, as well adopted by A. would be, to give B. notice of as the law. There was no certain number of his pigeons thus destroying his (A.'s) flowers, them, but all the freemen were required to and in default of notice being thereof taken by B., to procced for damages, as is customary in

attend. Each man pleaded his own cause, or such cases.

got some friend or relation to answer for him.

J.J.

288

Miscellanea.-Editor's Letter Box.

If the defendant could not attend, some of the was heard in the county court. Wherefore Court were sent to him. Writs were rarely the King sent his seal (or simply his sign, as used; but the parties were personally sum-) the court, which was held at Moshlæwa, greet

Dr. Hicks supposes) by the Abbot Alverc to moned by an officer or messenger. It is re- ing all the rriten or wise men there assembled, markable, that in all these suits on record, || none of lower condition are mentioned than also sent their testimony, which being read,

Wynfleda and Leofwin. Sigeric and Ordbyrht the Thanes.

Wynfleda was desired to set forth her claim The following are instances of suits in these

This she did, and moreover supported it by

the testimony of many other noble men and ancient Local Courts :

women. The court gave judgment in her faIn a county court held at Agelnothestane, at

vour, but declined putting Leofwin to the which presided Athelstan the bishop, and Ra

oath, lest, if he were convicted of perjury, he nigus the alderman, were present, Edwin the

should be compelled to pay the penalty of son of the alderman; Thurcilus, surnamed

that offence, besides making ‘restitution to the Albus ; Turfigus, surnamed Complus; and all

complainant. Hicks' Diss. Epist. 7. the liberi homines of the county. The cause was between Edwin and his mother Enneawne, concerning a parcel of land. When the case was stated, the bishop desired to know whether any one was present to answer for the mother

THE EDITOR'S LETTER BOX. of Edwin; upon which Thurcilus stepped forward, and declared that he would answer when he was informed of the matter of controversy : then three of the thanes, Leofwin, Ægelsigus, I The Third Part of the Annual Digest for and Thirsigus, who were of the same village as this year, bringing the whole Law down to the that where the mother of Edwin lived, were present time, will be published on the 17th commissioned by the court to wait upon her, { instant. and learn from her own mouth what right she Some copies yet remain of the Monthly had to the lands that were claimed by her son. | Record of Jurisprudence, complete in one Upon their applying to her she declared, with Volume, and now continued in the Monthly many expressions of anger towards her son, / Supplements. that he had no right whatever to the lands! We very cordially thank J. J. for his good which he claimed, and added that it was her offices. With such friends, we cannot but intention to leave at her death all her lands, more and more prosper, and are much gratified gold, garments, and whatever she had, to her to learn that the exertions we have made to kinswoman who was sitting by her side, Leo-testify our sense of obligation, are so favorably fleda, the wife of Thurcilus, and to disinherit estimated. her son. At the same time, she begged them The communications of W.D; W. A. H.: to carry back this message to the court, and to“ A Subscriber;" C. B.; and N. have been beg all the thanes there present to be witnesses received. to this her donation. On their return to the The communications on “Friendly Sociecourt, the thanes communicated the result of ties,” and “ Imprisonment for Debt,” shall their inquiries, when Thurcilus arose, and have early attention. prayed the court to adjudge these lands to his! We are informed that the chief of the wife Leofleda, according to the intention of English Corporation Commissioners is to reEnneawne the donor. All who were present ceive 3001., and his travelling expenses; and did as Thurcilus desired ; upon which he each of the other Commissioners, and the mounted his horse, and, riding to the monas- Secretary, 2001., and travelling expences. tery of St. Æthelbert, he caused the judgment | They are expected to get through their labors, to be enrolled in the Book of the Gospels. and make a Report, at the close of the present Hicks' Diss. 3.

vacation. In a suit between Wynfleda and Leofwin,' The memoir of the late Professor Park, in the former appealed to the King Ethelred, and the Number of the Gentleman's Magazine for proved by her witnesses, namely, Sigeric the July, has been taken, verbatim, from our archbishop, Ordbyrht the bishop, Ælfric the pages, except a few lines at the commencealderman, and Ælfthritha the mother of the ment, and an extract from the preface to the King, that Ælfric sold to Wynfleda the land | Topography of Hampstead. Our respectable at Hacceburn, and that at Bradenfeld, in the contemporary is welcome to avail himself of district of Decetta. The King then sent them our labors; but when he favors us by quoting to Leofwin, to declare to him what the arch- an entire article, we should prefer a more di bishop and the other witnesses testified; but rect acknowledgment than he has been pleased he would not give up his claim until the matter to vouchsafe.

[blocks in formation]

“ THE LORDS AND THE LOCAL sures of relief which have dawned upon the COURTS BILL.”

apathy (!) of the trading classes; and

equally true, yet still more incredible it is, The supporters of the Local Courts Bill are that in the measure which they have insti active campaigners; although beaten in open | tuted, they have by no means been supportfight, they retreat but slowly, hang about ed by the very classes which they have dethe bushes, and annoy the victors as much signed to benefit.” p; 5. as they can ; and they still require all the He, the Trader alone, of all the traders, vigilance and talents of the opponents of the has had sufficient penetration to see the measure, as they wait but for a fit season to merits of the Bill : he says, he will “ stem renew the battle. Be it our care, therefore, the tide,” (p. 4); and after a passing view from time to time to meet any fresh attempt of the evils of the credit system, and an al. to defend the principle of the Bill; and with lusion to the Registry Bill, he boldly enters this view we shall notice two pamphlets into his subject. which have very recently appeared on the The difficulties of the present modes for subject.

recovering small debts are pointed out, and The first of these appears to be written by we are told that “ the whole fabric of the a person connected with the trading inter- mercantile world, all, collectively and indi. ests & ; at any rate, it displays in every page vidually admit, or believe, or know, there evident proof of not being composed by a should be or must be some change in this lawyer. Its title is a little confused. We pernicious, injurious, destructive system ;" know what is meant by “ the Local Courts and we, on our part, have to assure “ the Bill," and “the Local Jurisdiction Bill ;" whole fabric of the commercial world,” that but we are a little puzzled by “ the Local we, as lawyers, and as representing their Court Jurisdiction Bill." Commencing thus opinions, are perfectly ready to assent to unhappily, the trader (for such we shall as- and facilitate the introduction of a measure sume hinto be) fairly admits that the trad- for the recovery of small debts. The Trader, ing community cared nothing about the however, immediately proceeds to argue that measure : “ a deep and imperturbable apa- | the Local Court Bill is the only measure thy"-(our trader is rather fond of fine which could be adopted for this purpose. words)—"hound in silence and indifference The details of the Bill, or its machinery, he all the interested parties, and not an ex- will not enter into. “ I shall not enter into pression, either verbal or written, much less the practical details of the measure: of the a petition, proceeded from the sullen and perfection of the machinery experience would suffering community.” p. 5. “ True it is, be the best test. No measure of the magthough scarcely credible, that to the lawyers nitude of the one under consideration could belongs the merit of instituting the first mea be expected to be perfect on its first trial :

all the productions of human thought are a “ Observations on the Rejected Local

susceptible of improvement,” &c. &c. p. 13. Court Jurisdiction Bill, a ldressed to the Trad

Granted; but supposing our trader was ing Interests.” E. Wilso.. 1833.

going to purchase a watch, he would hardNO, CLVII,

290

The Lords and the Local Courts Bill.

ly, we think, proceed on this principle; he | the two discussions of the measure, the auwould hardly be satisfied with its general thor thinking it not worth his while to waste appearance; he would, perhaps, enter into any time in answering the arguments used some of its “ practical details ;" he would by Lord 'Wharncliffe or Lord Wynford. probably look a little into the “ machinery;" “ On the speech of the Noble Chief Baron," at all events, he would not tolerate the shop- says the writer, “ my attention has been man who should tell him, that he must not much fixed; and I have been induced to go expect it to be “ perfect on its first trial,” lover it, argument by argument, and point or that “ experience would be its best test.” | by point, to satisfy my own mind whether “ No,” he would say, " if I pay my money what was so eloquent, striking, and plausible, for a watch, I must have one that I am sure and by the event so effective, had in reality will go ; at any rate, the new one must go the preponderance of reason on its side." as well as the old one.” And so we ven- He first, however, enters into a consideratured to say as to the Local Courts Bill. tion of the plan of a Local Court proposed

The Trader then states the objects of the by the Common Law Commissioners, which Bill, and combats the objections to it. The he persists in identifying with the Chan. additional patronage given by it to the Lord cellor's Bill. We have, however, already Chancellor, he considers, is of no importance shewn that the two measures are very difwhatever. “ It is not material to grapple ferent (ante, 129, 130), and cannot admit, with the question, as to whether or not the therefore, that an eulogy of the proposal of patronage should be placed in the hands of the Commissioners and their labours, is the the Crown or elsewhere.” Then as to “ the best mode of vindicating the measure which locality of the Judges,” there is in fact, he was defeated in the present session. The says, nothing in it!“ If this objection,” author, in fact, nearly admits as much in p. he slily remarks,“ had been made in the 41. seventeenth century, it might have been en- The pamphlet, then, after giving a short titled to more consideration; but in the pre- summary of the Bill, concludes by a review sent day, it will upon examination appear of the objections of the Lord Chief Baron ; to be wholly without foundation,” p. 16. but we cannot say that the answers are to To talk of a local county judge being our minds at all complete. Of this we shall grossly partial with impunity in the nine- give some examples. Let us take the first, teenth century, is next to absolute absurdi- as to“ patronage." ty,” p. 18,-to which conclusion we see no Lord Lundhurst's objection, if our trader had proved that in Objections.

Answers. the nineteenth century all party feeling has entirely subsided; that the human mind is The Bill proceeded on 1. It is admitted by quite incapable of partiality or prejudice: l amost objectionable the Lord Chief Baron, and that all men are actuated by habits,

and also by Lord Wyo

ford, that the powers tastes, and inclinations, totally different from

1. It gave unlimited could not constitutionthose which influenced their ancestors in the power to the King, or ally be vested anyseventeenth century. As, however, the rather to the Lord where else. The objecTrader has not attempted to prove this, we Chancellor, to create tion, therefore, strikes must still think that the objection of the any number of new at the established form “ locality of the Judges" is unremoved. officers that he in his of government, and if With these specimens of the reasoning

discretion might think worth any thing, is of

equal avail against all and style of our friend the Trader, we must

measures and appointclose our notice of his production, and offer

ments of the kind. a few remarks on the other pamphlet to

“ They cavilled at the which we have alluded, which bears the al

Bill for an arrangeliterative title of “ The Lords and the Local

ment which they acCourts Billa,

knowledged they could This production is almost entirely devot

not better.” p. 19. ed to an attempted refutation of the speeches | But the conclusion that we draw from the of Lord Lyndhurst in the House of Lords in objection is, that, granting the patronage

cannot be better placed than in the hands

of the Lord Chancellor, if it be given at all; a “ The Lords and the Local Courts Bill. Observations on Local Jurisdiction, and on

yet that its magnitude is in itself an objecthe Bill, lately proposed and rejected, for the tion to the measure, and that it can with Establishment of Courts of Local Jurisdic-safety be given to no man in the country. tion.” Ridgway. 1833.

1 In the answer to the fifth objection, the

« ZurückWeiter »