Abbildungen der Seite

The Lords and the Local Courts Bill.-Practical Points.


author is either insincere, or unacquainted | Objections.

Ansiders. with the usual parliamentary compliments.

By recommending å

measure as obnoxious

to objections as the 5. He gave credit to 5. By confession no

Local Courts Bill, the the present Lord Chan- danger was to be ap

Lord Chief Baron a. cellor for the most dis- prehended in the ori.

bandons his former arinterested intentions, ginal appointment of

guments as untenable. but their lordships the officers by the pre

The very ineasure in were pot to legislate sent Lord Chancellor.

which he said he had for individuals. But the officers, when

assisted, and was wilonce appointed, were

ling to co-operate ao not to be removeable

gain - Peel's Bill of but by Parliament,

1829, proposed to creand future vacancies

ate thirty Barrister will only occasionally

Judges, at salaries of happen. If, therefore,

8001. a-year, to be apthe first appointment

pointed by governcan be made with

ment or its irresponsafety, the substance

sible officers, the Sheof the objection va

riffs or Lord Lieutenishes ; for the dan

nants. gerous indefinite amount of patronage Is there, however, we would ask, no dif supposed by the Lord ference between a simple plan for facilitatChief Baron can never ling the recovery of small debts, and the estahereafter accumulate blishment of Courts which were intended to in the hands of one

try almost every kind of action within a cerindividual, but the

he tain amount? The appointment of thirty made from time to persons, at a salary of 8001. a-year, for one time, and at probably particular duty, by the respective Lord Lieudistant intervals, by the tenants of the county, could be open to Lord Chancellor for none of the great objections to the Chanthe time being. p. 21. I cellor's Bill; and we think this too obvious

to require further observation. Now, it is obvious that the Lord Chief

The author then ends with some of the Baron could not say, not knowing how the

usual abuse of the House of Lords, for the appointments would be filled up, that the

exercise of their judgment in this matter ; Chancellor would make an ill use of the

and we can only say that, as we wish them patronage ; but it is rather hard to twist the

to retain their late opinion, we recommend usual common-place phraseology of the

them to read the present pamphlet. House of Lords into an admission that the Chancellor could not ill bestow the places which the Bill would place at his command.

Let us take another example.


No. L.

Small debts. So far The arguments of from not giving his the Chief Baron are willing consent to an no better against this

DISTRESS, alteration in the law Bill than against a for the recovery of Small Debts Bill :

The rule laid down by Mr. Selwyn, as to dissmall debts, no person the patronage of Go training implements of trade, is, that they canwas more anxious to vernment; the degra

not be distrained if they are in actual use, and do so. He had assist. dation of the Bar ; the ed a Right Hon. Friend local residence of the

there is a sufficient distress besides, (Sel. N. P. in the other House, Judge ; his liability to 677), and the following case has decided this and would co-operate share in all the feuds

to be the correct rule. with the Lord Chan- and party differences cellor. of the county; these

To replevin for a threshing machine, the de. were all radical blem

m-| fendant avowed for rent arrear, and the plainishes of universal oc- tiff pleaded that the machine was an implement currence, applying to l of trade, not liable to distress, being in use at all measures of this

the time, and there being a sufficiency of other kind,

U 2


Practical Points, No. L.--Review : Gunning on the Law of Tolls.

goods on the premises. At the trial it appeared that the machine had been let to hire by the

REVIEW. plaintiff to the tenant, on whom the defendant had distrained ; that the work for which

| A Practical Treatise on the Law of Tolls, it had been let was completed on a Saturday, and that the distress was made on the Monday

and therein of Tolls thorough and trafollowing There was no evidence that any

verse ; Fair and Market Tolls; Canal, other goods were to be found on the premises. Ferry, Port, and Harbour Tolls, &c. By The jury found that the machine was not in Frederic Gunning, of Lincoln's Inn, Esq. use, and that there was no other distress on the

Barrister at Law. Saunders and Benpremises, and gave their verdict for the defen

ning. 1833. dant.

Storks, serjt., moved for a new trial, on the ground that, under these circumstances, the TNI

Tuis treatise is the first attempt, we believe, learned Judge who presided should have di- except by the Digests, to collect and arrected a verdict for the plaintiff. As an imple-range the cases and statutes on the subject ment of trade, the machine was privileged to which it relates, and it fills one of the from distress while in actual use, and if so, I few remaining niches left vacant by other must be deemed also privileged for a reason

authors. It could hardly demand, in its able time cundo et redeundo, otherwise the privilege would be nugatory. Mondny might

composition, any remarkable powers of arreasonably be allowed for returning after work rangement or industry ; but it is carefully completed on Saturday. In Gorton' v. Falkner, written, and the decisions on the subject 4 T. R. 565, it was held that implements of are accurately stated, and frequently distrade might be distrained for rent, if they were tinguished with much ability. We have not in actual use at the time, and if there were

not been able to find any part of it adapted no other sufficient distress on the premises.

for extraction, and shall therefore content Tindul, C.J.-The plaintiff seeks to set aside this verdict, on the ground that the threshing

ourselves with giving a summary of its conmachine was an implement of trade, in use, tents. and as such, privileged from distress. There Chapter the First: Introductory Obserare several distinct grounds on which certain vations. things are privileged from distress; some ab- 1 Chapter the Second: Of Toll thorough. solutely, as materials deposited to be worked

Chapter the Third : Of Toll traverse. up; others, conditionally, that is, if a suihcient Chapter the Fourth: Of Fair and Mardistress cannot be had without them. Again,

ket Tolls. implements of trade are, in some instances, privileged, if they be in use, and if no other

Chapter the Fifth : Of Canal Tolls, - Of distress can be found on the premises. In this Ferries and Ferry Tolls. Of Port and Harcase neither of those conditions has been ful- bour Dues. Of Wharfage, Cranage, and filled. In the first place, the machine was not the like. Of Dock Dues. in use, the whole purpose for which it had Chapter the Sixth : Of Turnpike Tolls. been hired having been completed on Saturday,



Chapter the Seventh : Of the Rateability and the distress having been made on Monday;

of Tolls to the Relief of the Poor. and it is unnecessary to enter into the question whether or not it would have been privi- Chapter the Eighth: Of the Remedy leged in the course of removal ; for here, in for Tolls by Distress. Of the Remedy for the absence of any evidence of other goods be- | Tolls by Action. Of Evidence in Actions ing on the premises, the second condition en relating to Tolls. tirely fails. The case of Wood v. Clarke, 1 C. & J. 484, is conclusive on both points. There it was held, that materials delivered by a manufacturer to a weaver, to be by him manufactured at his own home, were privileged

I NEW BILLS IN PARLIAMENT, from distress for rent due from the weaver to his landlord; but that a frame or other machinery, delivered by the manufacturer to the

FORGED stamps. weaver, together with the materials, for the purpose of being used in the weaver's house in

A Bill “for preventing the selling and utterthe manufacture of such materials, was not privileged, unless there were other goods upon / ing of Forged Stamps on Vellum, Parchment. the premises sufficient to satisfy the rent due. and Paper," was brought in on the 8th instant, Park, J.-Gorion v. Fulkner is a decisive au

read a second time on the 12th, and commit. thority against the plaintiff, for it shews that implements of trade can only be distrained if | ted. not in use, and there be no other distress. It contains, amongst others, a clause which

The rest of the Court concurred in refusing the rule. Fenton v. Logan, 9 Bing. 676; 3

appears to be exceedingly objectionable. We Moo. & S. 82.

shall state the substance of it, and add such

New Bills in Parliament: Forged Stamps.


remarks as appear necessary. The clause we We have received numerous objections to allude to is the 17th; but it will be first neces- these and other clauses, shewing the mischiefs sary to state the 16th, with which it is connected. I which will practically arise if they remain in Sec. 16. It shall be lawful for the Commis

their present state. We select the following sioners of Stamps to discontinue the use of the observations, which, we trust, will receive due dies heretofore provided, or hereafter to be pro- consideration. vided, denoting any stamp duty which is now or hereafter shall be payable for any matter or

If the 17th section be retained, it will bething whatsoever, and to cause any new die or come necessary continually to consult the Londies to be made, with such altered device or de-don Gazetteb, in order to conduct this importvices as the Commissioners shall think fit. The Commissioners may also appropriate a particu

| ant part of legal business with safety. If the lar die or dies for 'marking the stamp duty on stamp dies are to be appropriated by name to any particular description of deed or instru- each particular instrument, the dispatch of ment which the Commissioners may deem expedient, provided such die shall by some word

business will be extremely interrupted, if not or words denote the description of deed or in- in many instances altogether stopped <; for the strument to which the same shall be so appro- variety of stamns is to creat to permit anf.

variety of stamps is too great to permit a sufpriated.

17. Whenever the Commissioners determine ficient number of each to be kept by the de to discontinue the use of any die or dies, and ers, and the discount of 30s. per cent., will not shall provide any new die or dies to be used | afford a remuneration for embarking a large in lieu, and shall provide any such appropriated die or dies as aforesaid, and shall give public capital. notice thereof by advertisement in the London If a deed be prepared a few months previand Edinburgh Gazettes, then from such time as shall be fixed by such advertisement, not

ous to the alteration of the dies, and not exebeing within one calendar month next after the cuted or signed until after the dies are so al. same shall be published, the new or appropri- tered, the deed will become invalid, and reated die or dies shall be the only true and lawful Nie or dies for denoting the duty charged orgu

quire either a re-engrossment, at considerable chargeable in any case to which such die or expense, or the payment of penalties to obtain

or the new stamps, in which there will be coninstruments for the marking or stamping of which any such new or particular die or dies siderable delay and inconvenience, besides loss. shall have been provided, and which, after the Indeed in many instances, particularly in days so fixed and appointed as aforesaid, shall

" sending deeds to India for execution, it will be engrossed, written or printed upon vellum, &c. stamped with any other die or dies than be impossible to comply with the provisions the new or particular or appropriated die or of the Bill. dies, and also all deeds and instruments as

1 This clause will also repeal a most importaforesaid, which, having been engrossed, &c. on vellum, &c. stamped as last aforesaid, shall ant and useful provision of former acts, which not have been executed by any party thereto authorize the use of any stamp upon an instrubefore or upon the day so fixed, shall be respectively deemed to be ingrossed, &c. on.vellum,

ment, provided the stamp used amount to or &c. not duly stamped; although the stamp im exceed the stamp required by law, and which, pressed on such deed may be of the amount | under the almost endless intricacies and diffirequired by law, or of any greater amount ; and every person who shall make, write, sign,

culties of the existing acts, has very often afgive, or ulter any deed or instrument, ingrossed, forded security when it was difficult to decide &c. on velluin, &c, stamped with any such im

| as to the actual duties which a deed might reproper die or dies as aforesaid, sball incur and suffer such penalty as he would have been liable quire. Indeed, the Solicitor of Stamps must to in case such deed had not been stamped a; recollect, that in doubtful cases he has recomand in any proceeding for the recovery of such

mended higher duties to be used upon partipenalty, it shall be sufficient to allege that the vellum, &c. on which such deed is ingrossed, cular instruments than, perhaps, they strictly &c. is not duly stamped or marked according required, in order that the parties might be to law.

a What this penalty is, does not appear by b There ought to be notice given in the pubthe Bill, and we are not aware that by the ex lic newspapers, as well as the Gazette, for the isting law there is any other than the very suf. latter is rarely examined. ficient one, if the deed be improperly stamped, c The appropriation of a particular stamp for that it is useless. We understand, however, each kind of instrument, we are informed, has that this part of the clause will not be press- been given up.

U 3



New Bills in Parliament: Forged Stamps.-Chancery Offices. safe; but should this Bill pass into a law, cease and determine from and after the twenwhere will be the safety for parties ? and who I tieth day of August, One thousand eight hun

dred and thirty-three: Provided nevertheless, is to be the arbitrator between the govern-|

That the said act should not be construed to ment and the public?

determine any of the said offices holden in In the case of a conveyance, containing al

possession or reversion by any person appointed

thereto on or before the first day of June then covenant to surrender copyholds, and an as- last, until the decease or resignation of such signment of terms, or a mortgage, or covenant person :

And that the persons holding the said offices, to produce deeds, and special deeds of settle

la except the Clerk of the Patents, were apment, how is it to be determined what die or pointed to such offices prior to the said first dies such complicated deeds are to have impres-day of June, one thousand eight hundred and

thirty-two: sed?—Should they have all, or which, or how

And that it is necessary that competent permany of such dies? and if one die should hap-sons shall be appointed for the discharge of all pen to be correct, and another not, how far or some of the duties of the said offices when

and as such offices shall become vacant; and it will such deed be valid ?

is desirable that the persons to be appointed to It is unnecessary to advert to all the cases of discharge the duties of such offices shall be mischief which in all probability will arise in

paid by fixed salaries for such their trouble:

1. Be it therefore enacted, That the Lord the vast multitude of conveyancing transac-Chancellor, or other the person entrusted with tions; but sufficient has been urged to shew the care and commitment of the custody of the how materially the Bill concerns the public in

persons and estates of persons found idiot, lu

natic, or of unsound mind, shall at all times regard to the validity of deeds and instruments, have a Secretary, to be called the “ Secretary and the interests of the profession, on account of Lunatics ;” and that from and after the of the fearful responsibilities which will be in

death, resignation or removal of Henry John

Sheppard, Esquire, who now holds the office of curred. We trust the framers of the Bill will Clerk of the Custodies of Idiots and Lunatics, either strike out, or so modify the clauses, as to all and every the duties which now belong to

the said office of Clerk of the Custodies of remove the objections which we have stated.

Idiots and Lunatics, and his deputy, shall be Since writing the above, we have received performed by the said Secretary of Lunatics, several observations on other parts of the Bill; in addition to such other duties as such Se

J cretary of Lunatics shall be required to perand considering its importance, the novelty of

| form by the person or persons by whom he its provisions, and its introduction at the close shall be appointed; and the acts of the said of the Session, we submit that it ought not to

Secretary of Lunatics done by virtue of this

act shall in all respects have the saine force be pressed further at present.

and effect as if the same had been performed by the said Clerk of the Custodies or his depu. ty; provided that it shall be lawful for the

person or persons intrusted as aforesaid to A BILL TO PROVIDE FOR THE PERFORMANCE inake such rules and regulations in regard to

OF THE DUTIES OF CERTAIN Offices the duties of such Secretary, including such
ABOLISHED BY THE ACT OF THE SECOND duties as he shall perform by virtue of this act,
AND THIRD YEARS OF HIS PRESENT MA- and to alter or vary the same as he or they shall
OFFICES CONNECTED WITH THE COURT OF 2. That the said Lord Chancellor have an
CHANCERY, AND TO MAKE PROVISION FOR officer to be called “ The Purse Bearer” to the
THE LORD HIGH CHANCELLOR ON HIS Lord Chancellor ; and a Secretary, to be called

“the Secretary of Presentations;" and that

from and after the time and times when and as Reciting by an act passed in the second the offices before mentioned, of Chaff Wax and and third years of the reign of his present Ma- Sealer, and each of them, shall respectively bejesty, intituled, “An Act to abolish certain come vacant by the death or resignation of the Sinecure Offices connected with the Court of present respective holders thereof, the duties of Chancery, and to make provision for the Lord such several offices shall be performed by the High Chancellor on his Retirement from said Purse Bearer for the time being; and that Office," it is provided that the following, when and as the offices of Clerk of the Presenamongst other offices (videlicet) the office of tations, and of Clerk of Dispensations and FaKeeper or Clerk of his Majesty's Hanaper, the culties, and each of them shall respectively Clerk of the Crown in Chancery, the Clerk of become vacant by the death or resignation of the Patents, the Clerk of the Custodies of Lu- the present respective holders thereof, the dunatics and Idiots, the Chaff Wax, the Sealer, ties of such several offices shall be performed the Clerk of the Presentations, and the Clerk by the Secretary of Presentations for the time of Dispensations and Faculties, shall utterly being; and that all acts to be done by the said

New Bills in Parliament: Chancery Offices.- Imprisonment for Debt.


Purge Bearer shall be as good and valid as if I commencing in the first instance from the date the same had been done by the said officers of such appointments respectively, and shall be called Chaff Wax and Sealer; and that all acts paid by the said officers respectively into the to be done by the said Secretary of Presenta-receipt of his Majesty's Exchequer, and be tions shall be as good and valid as if the same carried to and made part of the Consolidated had been done by the Clerk of the Presenta- Fund of the United Kingdom of Great Britain tions, and the Clerk of Dispensations and and Ireland, and the account of the party Faculties.

so paying such fees shall be verified by his 3. And that his Majesty, his heirs and suc- oath, which oath any one of the Masters in cessors, from time to time under their royal Ordinary of the High Court of Chancery is sign manual to nominate and appoint fit per hereby required and authorized to administer. sons to fill the said several other before-men- 7. And reciting, that the office of Clerk of tioned offices of Keeper or Clerk of his Ma. Inrolments in Bankruptcy is by the said recited jesty's Hanaper, Clerk of the Crown in Chan act also directed to cease as therein specified, cery, and Clerk of the Patents, as vacancies but power to re-appoint to the said office is may from time to time occur therein; and that given by the act next herein mentioned; Be it such persons so to be nominated and appointed enacted, That the said office shall and may shall hold their respective offices during good continue and he in force, and that fit and behaviour, notwithstanding the demise of his proper persons may be from time to time apMajesty or any of his heirs or successors, any pointed to the same, with all the powers, authing in the said recited act to the contrary thorities and duties, fees, rights and privileges notwithstanding.

given to or imposed upon the said office by an 4. That from and after the said twentieth act passed in the second and third years of the day of August, One thousand eight hundred reign of his present Majesty, intituled, “An and thirty-three; as to the said ottice of Clerk act to amend the Laws relating to Bankrupts," of the Letters Patent, and from and after the any thing in the said first-recited act to the death or resignation respectively of the several contrary thereof notwithstanding. holders of the said other offices, there shall be paid to the Keeper or Clerk of his Majesty's Hanaper, the yearly salary of pounds; to the Clerk of the Crown in Chancery the yearly salary of pounds; to the Clerk IMPRISONMENT FOR DEBT. of the Patents the yearly salary of pounds; to the Purse Bearer, for the duties of Chaff Wax and Sealer, the yearly salary of

pounds; and to the Secretary of Presenta To the Editor of the Legal Observer. tations, for the duties of Clerk of the Presenta Sir, tions, and Clerk of Dispensations and Facul-It has long been a grand desideratum among all ties, the yearly salary of pounds. honorable professional men, to protect their

5. That all 'fees heretofore paid to the Clerk clients from fraud, by enforcing the summary of the Patents, in respect of the patents for payment of their debts without incurring heavy inventions, except the accustomed fees payable useless expenses for incarcerating the debtor. to the deputy of the said Clerk of the Patents If, therefore, your correspondent "Ambulator" in respect of such last-mentioned patents, shall will enter upon à practical discussion of the from and after the said twentieth day of Au-question, How the creditor may make the gust, one thousand eight hundred and thirty- debtor's goods available, and prevent the bethree, cease to be payable altogether.

nefit of a white-washing to fraudulent debt6. That it shall and may be lawful for the ors, by making imprisonment for debt a puseveral persons from time to time holding the nitive correction in such cases, I will add my said before-mentioned offices, of Keeper or mite to his. For I have long been convinced Clerk of his Majesty's Hanaper, Clerk of the that the present system is a choice collection of Crown in Chancery, Clerk of the Patents, by evils; and the fair discussion of the subject virtue of this act, and for the several persons may suggest hints to the Solicitor General, who shall hereafter perforin the duties of the and relieve him from his present embarrassClerk of the Custodies of Lunatics and Idiots, ment. The discussion, I think, should be conChaff Wax, Sealer, Clerk of the Presentations, fined to simple contract debts, to the payment and Clerk of Dispensations and Faculties, and of which there is no reusonable dispute or obeach and every of them, and their clerks or ljection. In disputed claims, as well as all other agents, to have, receive and take all and every actions, the Judges have full power to do justhe fees and emoluments which have been ac- tice to the parties, either by the present law, customed to be paid and which are of right to or by such rules as they may devise. I should be paid and payable and received by them think your correspondent will best conduct the respectively by virtue of their said several discussion by distinguishing between imprison.' offices or appointments, other than and except ment for debt on mesne process, and on writs such fees as are abolished by this act, or as may of execution. be abolished by any order of the said Lord

A.B. Chancellor, &c. hereby authorized to make ; and that such fees and emoluments shall be accounted for once in every three months,

« ZurückWeiter »