306 Inns of Court.-Changes made in the Law in the present Session of Parliament. directed to consider that gentleman's case on the 1st June last, and is therefore a kind alone, and the particular grievance of which of ex post facto law. he complained; but he stated that the whole subject of the Inns of Court was before them. We may therefore expect from the Report on the subject, the recommendation of an efficient reform, and the valuable suggestions of unprejudiced and practical men. I am, indeed, perfectly satisfied that all men who consider the matter with reference to the real purposes for which the Inns of Court were founded, and the practical effect of the present system, cannot fail to come to the conclusion that an alteration is ne-diately laid before Parliament, if sitting, or cessary. In the last place, a species of agitation has commenced as to the present plan. The profession has itself begun to see the thing in its proper light: it has become a stockpiece in the House of Commons; and I venture to prophecy, that before three years have passed, a considerable alteration for the better will be made. The 1st section relates to alterations in pleading, and the costs incident thereto. It empowers eight or more of the Judges of the Superior Courts (including the three Chiefs) to make, within five years, such alterations in the mode of pleading, and entering and transcribing pleadings and other proceedings, and such regulations as to costs consequent thereon, as may seem expedient. The alterations are to be imme within five days after its meeting; and are not to be valid until the expiration of six weeks: but no person is to be deprived of the power of pleading the general issue under any existing statute. The next section relates to actions by and against executors and administrators, for injuries to real and personal estate. AcThe objects to be obtained, as I have al- tions of trespass, or trespass on the case, may ready stated, and I hope proved, are regular be brought by executors and administrators, lectures on the various branches of the law, within one year, for any injury to the real by readers appointed by each of the Inns of estate of the deceased, committed within Court, who shall receive a handsome remu-six months before his death. Actions of neration for their labors; and a strict exa- trespass, &c. may be brought against exemination, before any law-degree is confer-cutors, for wrongs committed by the dered. Any reform short of this will disap- ceased, within six months of his death, to point those who now willingly put implicit another, in respect of property real or pertrust in the ability and power of the Com-sonal; such actions to be brought within six mon Law Commission to propose and carry into effect a measure which shall remedy all existing evils. I await, therefore, their Report, with great anxiety; and on its appearance shall probably again hope to be able to occupy some of these pages with its consideration.. A CESTUI QUE TRUST. CHANGES MADE IN THE LAW IN No. III. months after the executors shall take upon them the administration of the effects; sec. 2. See also, as to Executors, §§ 14, 31, 37, 38. Sections 3 to 7 inclusive, settle the law as to the Limitation of Actions of various kinds. 3. Actions of debt for rent, actions of covenant or debt on bond or other specialty, actions of debt or scire facias upon recognizance, and actions of debt on award, where the submission is not by specialty, for fines on copyholds, for an escape, for money levied on fi. fa., and actions for penalties or damages by the party grieved, under statute, are thus limited: 1st. Actions of debt for rent, or covenant or debt on bond or other specialty, debt or scire facias on recognizance-ten years after the end of the session, or twenty years after the cause of THIS act received the Royal Assent on the action. 2d. Actions by party grieved14th August, 1833, and came into imme-one year after the end of the session, or two diate operation: indeed, rather singularly, years after the cause of action. 3d. The it is declared to commence and take effect other actions within three years after the end of the session, or six years after the THE LAW AMENDMENT ACT. 3 & 4 W. 4. c. 42. and the question will therefore in all probability cause of action; except actions limited spebe soon decided. cially by any statute. 3 Changes in the Law during the present Session of Parliament. 4. But persons under twenty-one, femes covert, &c., may bring actions within the times limited after the disability shall have ceased. If defendants be beyond the seas when the cause of action accrues, it may be brought within the time limited after their return. The 5th section contains a proviso, that an acknowledgment in writing on specialty or recognizance, or part payment or satisfaction, shall entitle the plaintiff to bring his action within twenty years; or if under disabilty, or the party making the acknowledgment be at the time of making it beyond the seas, then within twenty years after. By the 6th sect. if the judgment for the plaintiff, or the outlawry, be reversed, the plaintiff, his executors, &c. may commence a new action within a year. 7. No part of the United Kingdom, nor the islands of Man, Guernsey, Jersey, Alderney, and Sark, nor islands adjacent of his Majesty, shall be deemed beyond the seas. The next three sections relate to Pleas in Abatement. 8. Pleas in abatement for non-joinder, must state the person to be resident within the jurisdiction, and the place of residence given in an affidavit. 9. The plaintiff may reply, as to the non-joinder, that the person has been discharged by bankruptcy or insolvency. 307 shall be maintainable against executors or administrators. See also §§ 2, 31, 37, & 38. The next important alteration concerns the inspection and admission of Written Do cuments. 15. Eight or more of the Judges, as before mentioned, may, within five years, make regulations for the inspection and admission of written documents to be offered at the trial, and touching the costs, in case of omission or refusal. [The restriction in the 1st section, as to previous submission to Parliament, is not added to this clause.] The following clauses, as to taking Inquisitions before the sheriff, and sending issues to be tried for debts not exceeding 201., are material improvements. 16. Writs of inquiry, under 8 & 9 W. 3. c. 11, are to be executed before the sheriff of the county where the venue is laid, instead of the justices of assize or nisi prius, unless otherwise ordered by the Court or one of the Judges; and such writs are to be returnable either in vacation or term. 17. Where the debt or demand indorsed on the writ of summons does not exceed 201., the Court or one of the Judges, if satisfied that the trial will not involve any difficult question of fact or law, may order the issue to be tried before the sheriff of the county where the action is brought, or any Judge of any Court of Record for the recovery of debt in such county. [This clause will enable issues to be sent to the local judges of cities and boroughs, as well as to the sheriffs, and thus bring the trials as near as may be to the residence of the parties and witnesses.] 10. In case of subsequent proceedings against the persons named in a plea of abatement, if it shall appear that all the original defendants are liable, but that one or more named in the plea are not liable, the plaintiff shall have judgment against the 18. Upon the return of the writ of indefendants who are liable, and the defend-quiry, or a trial of issues, the costs are to be ants not liable shall have judgment and taxed, judgment signed, and execution iscosts against the plaintiff, who shall be al- sued forthwith, unless the sheriff, or his delowed the same as costs against the defend-puty, or the Judge before whom the case is ant pleading in abatement. The 11th enacts that Misnomer shall not be pleaded, but the declaration amended, at the costs of the plaintiff, on a Judge's summons, founded on an affidavit. tried, shall certify that the defendant ought to have an opportunity to apply for a new trial. 19. The provisions of 1 W. 4. c. 7, (for speedy judgment and execution) are extended to writs of inquiry and issues. 20. The sheriff of each county is to name The following section removes a difficulty a deputy, having an office within a mile of the Inner Temple Hall, for the receipt of which frequently occurred: writs, granting warrants, making returns, and accepting rules. 12. In actions on bills and notes or other written instruments, the parties designated by initial letters, or contraction of the first name, may be sued as so designated. 13. No wager of law shall be allowed. 14. An action of debt on simple contract Next may be noticed the permission to pay Money into Court, in cases which hitherto were not permitted. 21. Defendants to be allowed to pay money into Court in all personal actions, 308 Changes in the Law during the present Session of Parliament. except for assault, false imprisonment, libel, slander, malicious arrest or prosecution, crim. con., or seduction. The next alteration relates to Venue. 22. Power is given to the Court or a Judge to direct local actions to be tried in any county. The following clauses as to Variances are also important, in saving the expense of new trials and nonsuits on points of form. 23. Amendments are allowed to be made forthwith on the record, in the following cases: Variance between the proof and the recital, on the record of any contract, custom, &c., not material to the merits of the case, and by which the other party cannot be prejudiced. Where not material to the merits, but where the other party may be prejudiced, the Court may order costs, or the trial to be postponed. Power of appeal to the Court. 24. The Court or Judge may, in cases of variance, direct the facts to be specially found according to the evidence; and if the variance be immaterial, give judgment according to the right and justice of the 29. The jury may also give damages in the nature of interest above the value of the goods in trover, or trespass de bonis asportatis, and on policies of assurance. 30. Interest to be allowed on all writs of error, for the time that execution has been delayed. The law as to Executors and Administrators is further altered as follows: 31. Executors, suing in right of the testator, to pay costs, unless the Court otherwise order. See also §§ 2, 14, 37, & 38. Provision is next made for the allowance of Costs in several cases, which the justice of the case required. 32. One or more of several defendants having a nolle prosequi, or a verdict, shall have costs, unless the Judge certify that there was reasonable cause for joining the parties. 33. Where a nolle prosequi is entered on any count, the defendant shall be entitled to judgment and costs. 34. The plaintiff in scire facias, and the plaintiff or defendant on demurrer, to have costs. 35. Costs of Special Jury to be allowed in cases of nonsuit. A general office, for the Taxation of Costs in all the Common Law Courts, is provided for in the following section. 36. The Judges empowered to make regulations for the taxation of costs, by any of the officers of the Courts indiscriminately, and to appoint a convenient place for the business of taxation for all the Courts. The remedy for Arrears of Rent due to a deceased landlord, is next provided. 37. Executors of lessor may distrain for arrears of rent due in the lessor's life time. within six months after the end of the term, 38. Such arrears may be distrained for and during the possession of the tenant. The following clauses, as to Arbitrations, are decided improvements. of Court or Judge's order, or submission 39. Submissions to arbitration, by rule to be revocable without leave of Court. with an agreement for a rule of Court, not And the Court or a Judge may enlarge the time for making award. the attendance of witnesses, or production 40. The Court or a Judge may compel of documents, provided that conduct money, &c., be paid as on a trial, and that no Changes in the Law.-New Bills in Parliament: Stay of Tithe Suits. person be compelled to attend more than two consecutive days. 41. Power for the arbitrators, under a rule of Court, to administer an oath. 309 commenced during the then Session of Parliament, or within one year from the end thereof: and that since the passing of the said act a great number of suits have been instituted for the recovery of tithes, under the apprehension on the part of the plaintiffs that they will be The next clause will facilitate legal bu-precluded by the said act from recovering the siness in Ireland and Scotland. 42. The power of granting commissions for taking affidavits, to extend to Scotland and Ireland. 43. None of the holidays mentioned in the 5 & 6 Edw. 6. c. 3, shall be kept in the Courts or Offices, except Sundays, Christmas Day and the three following days, and Monday and Tuesday in Easter Week. 44. The statute to commence and take effect on the 1st of June, 1833. tithes to which they claim to be entitled, unless they prosecute their claims within the periods limited by the said act: and that it would be of great advantage to the country at large that such suits as are hereinafter mentioned should not be further proceeded with until after the end of the next session of parliament: 1. Be it therefore enacted, that where any suit or suits for the recovery of tithes shall have been instituted since the sixteenth day of August one thousand eight hundred and thirtytwo, against several defendants, with each of whom the same question shall or may be raised, 45. The act not to extend to Ireland or or be intended to be tried or put in issue, it Scotland, except specially mentioned. We have thus stated the substance of this important act, for the immediate information of our readers, who will observe that all the amendments in the bill which we stated, from time to time, have been incorporated into the act. We shall have an early opportunity of pointing out the changes in the law and practice, effected by the act; and on this subject, refer to our announcements under the head of "The Editor's Letter Box." NEW BILLS IN PARLIAMENT. STAY OF TITHE SUITS. shall not be lawful for the plaintiff or plaintiffs in such suit or suits to take any further proceedings therein, except as hereinafter mentioned. 2. That all proceedings in such suit or suits (except as hereinafter mentioned) shall be suspended until the end of the next session of Parliament. 3. Provided always, and be it further enacted, that nothing in this act contained shall tend to defeat, lessen, or prejudice the rights of any of the parties to any such suit or suits so suspended, or the rights to the tithes of any lands in the occupation of any of the defendants to the said suits so suspended, or any of them, (except so far as to stay proceedings therein); but from and after the end of the next session of parliament, it shall and may be lawful to and for the plaintiffs in such suits, or any of them, to proceed with the same, or to institute new or other suits against the defendants to such suits so suspended, or against the personal representatives of any defendant who may be then dead, or any future occupier of the lands in the occupation of any of the defendants to such suit or suits, any thing in this act contained to the contrary thereof in anywise notwithstanding, unless Parliament before the end of the next session thereof shall otherwise determine. THIS is entituled "A Bill to amend an Act passed in the last Session of Parliament, for shortening the Time required in Claims of Modus Decimandi, or Exemption from or Discharge of Tithes ;" and recites that by an act passed in the third year of the reign of his present Majesty, intituled, "An Act for 4. Provided, that in case any person or pershortening the time required in Claims of Mo-sons shall have instituted only one suit for the dus Decimandi, or Exemption from or Dis- recovery of tithes, or having instituted more charge of Tithes," certain provisions were than one such suit, a different question shall made, limiting the period within which, in or may be raised, or be intended to be tried cases of claims of a modus decimandi, the pay- or put in issue in each such suit, nothing in ment or render of such modus, and in cases of this act shall tend to prevent any such person claim of or to any exemption from or dis-or persons from proceeding with any such suit charge of tithes by composition real, or other- or suits against one defendant or two defendwise, the enjoyment of the land without pay-ants in each such suit; and in case any person ment or render of tithes or money, or other or persons shall have instituted several suits matter in lieu thereof, should be shown to have for the recovery of tithes, in which the same taken place: and that it was by the said act question shall or may be raised or intended to further enacted, that nothing therein contained be tried or put in issue, nothing in this act should be prejudicial or available to or for any contained shall prevent any such person or plaintiff or defendant in any suit or action re-persons from proceeding with any one of such lative to any of the matters therein mentioned, suits against one defendant or two defendants then commenced, or which might be thereafter thereto. 310 RECENT STATUTES. Recent Statutes. METROPOLITAN POLICE OFFICES. [Continued from page 298.] Prohibiting the blowing of Horns. not exceeding 40s. Penalty constable or peace officer to pass on or move, shall continue to obstruct the same, every person so offending in any of the cases aforesaid within five miles of Temple Bar, and being convicted by any justice of the peace of any such offence, either upon confession, or by the oath of a credible witness, shall for every such offence forfeit any sum not exceeding forty shillings, and in every case where any such hurt or damage shall have been caused as ́aforesaid, shall further pay such a sum, not exXXIV. And be it further enacted, That if ceeding five pounds, as shall appear to the said any person shall, within the city of London and justice to be a reasonable compensation to the liberties thereof, or within the limits and pa-person so aggrieved or injured; and the evirishes aforesaid, blow any horn or use any other dence of such person shall be admitted in noisy instrument, for the purpose of hawking, proof of the offence: Provided always, that if selling, or distributing any article whatsoever, the person so aggrieved or injured shall have it shall be lawful for any constable, headbo-been the only witness examined in proof of the rough, patrol, watchman, or other person to offence, such sum so ordered as compensaapprehend every person so offending, and con- tion shall be paid and applied in the same manvey him before any justice of the peace, who ner as a penalty; and in default of payment of shall proceed to examine upon oath any wit- such penalty and of such compensation, if ornesses appearing to give evidence touching such dered, together with the costs attending such offence; and if the party accused shall be con- conviction, immediately or within such time as victed of such offence, then and in every such such justice shall appoint, such justice shall case he shall for every such offence forfeit and and may commit such offender to the common pay any sum not exceeding forty shillings; gaol or house of correction, to be there imand in case the offender shall not upon con- prisoned for any term not exceeding two viction forthwith pay the penalty, such justice months, unless such penalty, together with the is hereby required to commit such offender to costs and compensation, if ordered, be sooner the house of correction, there to be kept to paid; and every such offender shall and may, hard labour for any time not exceeding ten by the authority of this act, with or without any days, unless the penalty shall be sooner paid. warrant, be apprehended by any person who shall see such offence committed, and shall be immediately conveyed or delivered to a constable or other peace officer in order to be con. veyed before some justice of the peace. Empowering the Court of Aldermen or two Justices to regulate the Route and Conduct of Persons driving Stage Carriages, Cattle, &c. during the hours of Divine Service. XXVI. " And whereas great inconvenience has arisen from the driving of stage carriages, and from the driving of cattle, sheep, pigs, and other animals, in the streets and highways of the metropolis during the hours of divine service, and it is expedient that regulations should be made for preventing such interruption and annoyance;" be it therefore enacted, that on the application of the minister or churchwardens of any church, chapel, or other place of public worship to the Court of Aldermen of the Negligence or wilful Misbehaviour of Drivers of Carriages, &c. in the Streets or Highways. Penalty not exceeding 40s. Compensation for Hurt or Damage not exceeding 5l. XXV. "And whereas accidents often happen and damage is frequently done in streets and highways by the negligence or wilful misbehaviour of persons driving carriages or vehicles thereon, and the laws now in force have been found insufficient for the due protection of his Majesty's subjects;" be it therefore enacted, that if the driver of any carriage or vehicle of any kind whatsoever shall ride upon any such carriage or vehicle, or on any of the horses drawing the same, not having some person on foot or on horseback to guide the same (such carriage or vehicles as are commonly driven or conducted by some person holding the reins of the horse or horses excepted), or if the driver of any carriage or vehicle whatso-city of London, if the same shall be situated ever, or any person riding, shall, by negligence, wilful misbehaviour, or any other misconduct cause any hurt or damage to any person or property being upon any street or highway, or if the driver of any carriage or vehicle whatsoever shall wilfully be at such distance from such carriage or vehicle that he cannot have the direction and government of any horse or horses or cattle drawing the same, not having employed some proper person to take care of the same, or shall, by negligence, wilful misbehaviour, or, any other misconduct, interrupt the free passage of any other carriage or vehicle, or of his Majesty's subjects, or shall obstruct any street or highway, and being required by any within the city of London or the liberties thereof, or to any two of the justices of the said police office in Bow Street, or to any two of the justices appointed to attend at any of the said public offices which shall be in the vicinity of such church or chapel or place of public worship, if the same shall be situated within the limits and parishes aforesaid, it shall be lawful for the Court of Aldermen, or for such two justices, as the case may be, to make rules or orders for regulating the route and conduct of persons who shall drive any stage carriage, or who shall drive any cattle, sheep, pigs, or other animals within such parish or place, during the hours of divine service on Sunday, Christmas |