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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 | The 1st section relates to alterations in them. We may therefore expect from the pleading, and the costs incident thereto. It Report on the subject, the recommendation empowers eight or more of the Judges of of an efficient reform, and the valuable sug- the Superior Courts (including the three gestions of unprejudiced and practical men. Chiefs) to make, within five years, such I am, indeed, perfectly satisfied that all men alterations in the mode of pleading, and enwho consider the matter with reference to tering and transcribing pleadings and other the real purposes for which the Inns of proceedings, and such regulations as to Court were founded, and the practical effect costs consequent thereon, as may seem exof the present system, cannot fail to come pedient. The alterations are to be imme. to the conclusion that an alteration is ne- diately laid before Parliament, if sitting, or cessary.
within five days after its meeting; and are In the last place, a species of agitation not to be valid until the expiration of six has commenced as to the present plan. The weeks : but no person is to be deprived of profession has itself begun to see the thing the power of pleading the general issue in its proper light; it has become a stock- under any existing statute. piece in the House of Commons; and I venture to prophecy, that before three years | The next section relates to actions by have passed, a considerable alteration for the and against executors and administrators, for better will be made.
injuries to real and personal estate. Ac· The 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 per. trust in the ability and power of the Com-sonal ; such actions to be brought within six mon Law Commission to propose and carry months after the executors shall take upon into effect a measure which shall remedy all them the administration of the effects; sec. 2. existing evils. I await, therefore, their See also, as to Executors, $$ 14, 31, 37, 38. Report, with great anxiety; and on its appearance shall probably again hope to be Sections 3 to 7 inclusive, settle the law able to occupy some of these pages with its as to the Limitation of Actions of various consideration.
kinds, A CESTUI QUE Trust. 1 3. Actions of debt for rent, actions of
covenant or debt on bond or other specialty, actions of debt or scire facias upon re
cognizance, and actions of debt on award, CHANGES MADE IN THE LAW IN
| where the submission is not by specialty, THE PRESENT SESSION OF PAR. | for fines on copyholds, for an escape, for LIAMENT, 1833.
money levied on fi. fa., and actions for peNo. III.
nalties or damages by the party grieved, under statute, are thus limited : 1st. Actions
of debt for rent, or covenant or debt on bond THE LAW AMENDMENT ACT.
or other specialty, debt or scire facias on 3 & 4 W. 4. c. 42.
recognizance-ten years after the end of the
session, or twenty years after the cause of This act received the Royal Assent on the action. 2d. Actions by party grieved 14th August, 1833, and came into imme- one year after the end of the session, or two diate operation : indeed, rather singularly, years after the cause of action. 3d. Tht it is declared to commence and take effect other actions within three years after the
end of the session, or six years after the and the question will therefore in all probability cause of action; except actions limited spebe soon decided.
cially by any statute.
Changes in the Law during the present Session of Parliament.
307 4. But persons under twenty-one, femes shall be maintainable against executors or covert, &c., may bring actions within the times administrators. See also $$ 2, 31, 37, & 38. limited after the disability shall have ceased. If defendants be beyond the seas when the
The next important alteration concerns cause of action accrues, it may be brought
the inspection and admission of Written Dowithin the time limited after their return.
cuments. The 5th section contains a proviso, that
15. Eight or more of the Judges, as an acknowledgment in writing on specialty
before mentioned, may, within five years, or recognizance, or part payment or satis
make regulations for the inspection and ad. faction, shall entitle the plaintiff to bring
mission of written documents to be offered his action within twenty years; or if under
at the trial, and touching the costs, in case disabilty, or the party making the acknow
of omission or refusal. [The restriction in ledgment be at the time of making it be
the 1st section, as to previous submission to yond the seas, then within twenty years
| Parliament, is not added to this clause.]
The following clauses, as to taking InBy the 6th sect. if the judgment for the quisitions before the sheriff, and sending plaintiff, or the outlawry, be reversed, the issues to be tried for debts not exceeding plaintiff, his executors, &c. may commence 201., are material improvements. a new action within a year.
16. Writs of inquiry, under 8 & 9 W. 3. 7. No part of the United Kingdom, nor c. 11, are to be executed before the sheriff the islands of Man, Guernsey, Jersey, Al of the county where the venue is laid, inderney, and Sark, nor islands adjacent of stead of the justices of assize or nisi prius, his Majesty, shall be deemed beyond the unless otherwise ordered by the Court or seas.
one of the Judges; and such writs are to be
returnable either in vacation or term. The next three sections relate to Pleas in 17. Where the debt or demand indorsed Abatement.
on the writ of summons does not exceed 8. Pleas in abatement for non-joinder, 201., the Court or one of the Judges, if samust state the person to be resident within tisfied that the trial will not involve any the jurisdiction, and the place of residence difficult question of fact or law, may order given in an affidavit.
the issue to be tried before the sheriff of 9. The plaintiff may reply, as to the the county where the action is brought, or non-joinder, that the person has been dis- any Judge of any Court of Record for the charged by bankruptcy or insolvency. recovery of debt in such county. [This
10. In case of subsequent proceedings clause will enable issues to be sent to the against the persons named in a plea of local judges of cities and boroughs, as well abatement, if it shall appear that all the as to the sheriffs, and thus bring the trials original defendants are liable, but that one as near as may be to the residence of the or more named in the plea are not liable, parties and witnesses.] 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.
tried, shall certify that the defendant ought
to have an opportunity to apply for a new The 11th enacts that Misnomer shall not trial. be pleaded, but the declaration amended, at 19. The provisions of 1 W. 4. c. 7, (for the costs of the plaintiff, on a Judge's sum- speedy judgment and execution) are exmons, founded on an affidavit.
tended 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 which frequently occurred :
the Inner Temple Hall, for the receipt of 12. In actions on bills and notes or other writs, granting warrants, making returns, written instruments, the parties designated and an
nts, the parties designated and accepting rules. by initial letters, or contraction of the first Next may be noticed the permission to name, may be sued as so designated. pay Money into Court, in cases which hitherto
were not permitted. 13. No wager of law shall be allowed. 21. Defendants to be allowed to pay 14. An action of debt on simple contract money into Court in all personal actions, 308
Changes in the Law during the present Session of Parliament.
except for assault, false imprisonment, libel, 29. The jury may also give damages in slander, malicious arrest or prosecution, the nature of interest above the value of crim. con., or seduction.
the goods in trover, or trespass de bonis
asportatis, and on policies of assurance. The next alteration relates to Venue.
30. Interest to be allowed on all writs 22. Power is given to the Court or a 101
al of error, for the time that execution has Judge to direct local actions to be tried in / been delayed. any county.
The law as to Executors and Administra
tors is further altered as follows: The following clauses as to Variances are 31. Executors, suing in right of the tesalso important, in saving the expense of | tator, to pay costs, unless the Court othernew trials and nonsuits on points of form. I wise order.' See also 882, 14. 37, & 38.
23. Amendments are allowed to be made forthwith on the record, in the following Provision is next made for the allowance cases : Variance between the proof and the of Costs in several cases, which the justice recital, on the record of any contract, cus- of the case required. tom, &c., not material to the merits of the 32. One or more of several defendants case, and by which the other party cannot having a nolle prosequi, or a verdict, shall be prejudiced. Where not material to the have costs, unless the Judge certify that merits, but where the other party may be there was reasonable cause for joining the prejudiced, the Court may order costs, or parties. the trial to be postponed. Power of appeal 33. Where a nolle prosequi is entered on to the Court.
any count, the defendant shall be entitled 24. The Court or Judge may, in cases of to judgment and costs. variance, direct the facts to be specially 34. The plaintiff in scire facias, and the found according to the evidence; and if the plaintiff or defendant on demurrer, to have variance be immaterial, give judgment ac-costs. cording to the right and justice of the 35. Costs of Special Jury to be allowed case.
in cases of nonsuit. 25. The parties may state a special case, after issue, for the opinion of the Court,
A general office, for the Taxation of Costs and judgment shall be entered up.
in all the Common Law Courts, is provided
for in the following section. The Admissibility of Witnesses interested 36. The Judges empowered to make rein the verdict, is the next point; and the gulations for the taxation of costs, by any change is guarded by a provision which of the officers of the Courts indiscriminately, removes an objection that would otherwise and to appoint a convenient place for the have frequently occurred.
| business of taxation for all the Courts. 26. Witnesses, interested in the verdict, are to be admissible; but the verdict or
| The remedy for Arrears of Rent due to a judement is not admissible as evidence for deceased landlord, is next provided. or against the witness.
37. Executors of lessor may distrain for 27. The names of witnesses objected to arrears of rent due in the lessor's life time. as incompetent, to be indorsed on the
38. Such arrcars may be distrained for record, and be evidence of their having within six months after the end of the term. been examined.
and during the possession of the tenant.
The Allowance of Interest on debts, from The following clauses, as to Arbitrations, the time of the demand of payment, will are decided improvements. tend to prevent many delays, and probably | 39. Submissions to arbitration. by rule diminish the quantum of litigation where of Court or Judge's order, or submission there is no real point in dispute.
with an agreement for a rule of Court, not 28. On all sums, payable at a certain
a certain to be revocable without leave of Court. time or otherwise, the jury may allow in-And the Court or a Judge may enlarge the terest from the time when the debts were time for making award. payable by written instrument; or if pay-1 40. The Court or a Judge may compel able otherwise, then from the time of de- the attendance of witnesses, or production mand of payment in writing, such demand of documents, provided that conduct 'money. to give notice of the claim of interest..
&c., be paid as on a trial, and that no Changes in the Law.–New Bills in Parliament : Stay of Tithe Suits.
person bè compelled to attend more than commenced during the then Session of Parliatwo consecutive days.
ment, or within one year from the end thereof: 4 Power for the arbitratore under and that since the passing of the said act a
great number of suits have been instituted for rule of Court, tu administer an oath.
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.
tithes to which they claim to be entitled, unless 42. The power of granting commissions they prosecute their claims within the periods for taking affidavits, to extend to Scotland
limited by the said act: and that it would
be of great advantage to the country at large and Ireland.
that such suits as are hereinafter mentioned
should not be further proceeded with until 43. None of the holidays mentioned in after the end of the next session of parliathe 5 & 6 Edw. 6. c. 3, shall be kept in the ment : Courts or Offices, except Sundays, Christ. 1. Be it therefore enacted, that where any mas Day and the three following days, and suit or suits for the recovery of tithes shall Monday and Tuesday in Easter Week.
have been instituted since the sixteenth day of 44. The statute to commence and take
August one thousand eight hundred and thirty
| two, against several defendants, with each of effect on the 1st of June, 1833.
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. shall not be lawful for the plaintiff or plaintiff's
in such suit or suits to take any further proWe have thus stated the substance of
ceedings therein, except as hereinafter men
tioned." this important act, for the immediate infor- 2. That all proceedings in such suit or suits mation of our readers, who will observe (except as hereinafter mentioned) shall be susthat all the amendments in the bill which pended until the end of the next session of we stated, from time to time, have been Parliament. incorporated into the act. We shall have 3. Provided always, and be it further enactan early opportunity of pointing out the
heed, that nothing in this act contained shall tend
to defeat, lessen, or prejudice the rights of any changes in the law and practice, effected by 1 of the na
u practice, erected by of the parties to any such suit or suits so susthe act; and on this subject, refer to our pended, or the rights to the tithes of any lands announcements under the head of “ The in the occupation of any of the defendants to Editor's Letter Box.”
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 NEW BILLS IN PARLIAMENT, 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 STAY OF TITHE SUITS.
suits so suspended, or against the personal re
presentatives of any defendant who may be then This is entituled “ A Bill to amend an Act dead, or any future occupier of the lands in passed in the last Session of Parliament, for the occupation of any of the defendants to such shortening the Time required in Claims of suit or suits, any thing in this act contained to Modus Decimandi, or Exemption from or the contrary thereof in anywise notwithstandDischarge of Tithes ;” and recites that by an ing, unless Parliament before the end of the act passed in the third year of the reign of next session thereof shall otherwise determine. 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 deciinandi, 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 commeaçed, or which might be thereafter thereto.
constable or peace officer to pass on or more, shall continue to obstruct the same, every per
son so offending in any of the cases aforesaid METROPOLITAN POLICE OFFICES.
within five miles of Temple Bar, and being 3 W. 4. c. 19.
convicted by any justice of the peace of any
such offence, either upon confession, or by the [Continued from page 298.]
oath of a credible witness, shall for every such
offence forfeit any sum not exceeding forty Prohibiting the blowing of Hurns. Penalty Shulings,
| shillings, and in every case where any such
hurt or damage shall have been caused as not exceeding 408.
'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- 1 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 hare it shall be lawful for any constable, headbo- been the only witness examined in proof of the rough, patrol, watchinan, 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 ; I gaol or house of correction, to be there itnand 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 I 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 Negligence or wilful Misbehaviour of Drivers immediately conveyed or delivered to a con
of Carriages, &c. in the Streets or Highstable or other peace officer in order to be con. ways. Penally not exceeding 40s. Compen- veyed before some justice of the peace. sation for Hurt ur Damage not erceeding 51. XXV. “ And whereas accidents often hap
Empowering the Court of Aldermen or tipo pen and damage is frequently done in streets
Justices to regulate the Route and Conduct and highways by the negligence or wilful mis.
of Persons driving Slage Carriages, Catile, behaviour of persons driving carriages or ve
&c. during the hours of Divine Service. hicles thereon, and the laws now in force have XXVI. “ And whereas great inconvenience been found insufficient for the due protection has arisen from the driving of stage carriages, of his Majesty's subjects ;' be it therefore en and from the driving of cattle, sheep, pigs, and acted, that if the driver of any carriage or other animals, in the streets and highways of vehicle of any kind whatsoever shall ride upon the metropolis during the hours of divine ser. any such carriage or vehicle, or on any of the vice, and it is expedient that regulations should horses drawing the same, not having some per- be made for preventing such interruption and son on foot or on horseback to guide the same annoyance;" be it therefore enacted, that on (such carriage or vehicles as are commonly the application of the minister or churchwardriven or conducted by some person holding dens of any church, chapel, or other place of the reins of the horse or horses excepted), or if public worship to the Court of Aldermen of the 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, within the city of London or the liberties wilful misbehaviour, or any other misconduct thereof, or to any two of the justices of the cause any hurt or damage to any person or said police office in Bow Street, or to any two property being upon any street or highway, or of the justices appointed to attend at any of the if the driver of any carriage or vehicle whatso said public offices which shall be in the vicinity ever shall wilfully be at such distance from such of such church or chapel or place of public carriage or vehicle that he cannot have the di- worship, if the same shall be situated within rection and government of any horse or horses the limits and parishes aforesaid, it shall be or cattle drawing the same, not baring employed lawful for the Court of Aldermen, or for such some proper person to take care of the same, two justices, as the case may be, to make rules or shall, by negligence, wilful misbehaviour, or orders for regulating the route and conduct or any other misconduct, interrupt the free of persons who shall drive any stage carriage, passage of any other carriage or vehicle, or of or who shall drive any cattle, sheep, pigs, or his Majesty's subjects, or shall obstruct any other animals within such parish or place, during street or highway, and being required by any the hours of divine service on Sunday, Christmas