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422

Original Letters, No. II.-Abstracts of Recent Statutes.

easily send for my own; but besides that some places distant from the city of London : it is really inconvenient for me to leave it is therefore enacted as follows: Oxford, You know I hate any thing but al. 1. From the passing of this act so much of

the said recited act as requires that persons to Turnpike Road in ye Winter. Duty, you

be adınitted notaries public shall have served will say, calls me; but since I cannot in this la

I cannot in this a clerkship or apprenticeship for seven years, point carry my Inclinations to my Duty, shall, so far as the same affects persons being I shall contrive to bring my Duty to my attorneys, solicitors, or proctors, admitted as Inclinations; and do not question but I herein-after mentioned, be limited and conshall easily obtain Leave to defer my formal fined to the city of London and liberties of Visit till ve next Lent Vacation. However, I Westminster, the borough of Southwark, and when I come to Oxford (where I must be

the circuit of ten miles from the Royal Ex

change in London. ye 17th instant) you may depend on seeing! 2. After the passing of this act, the Master me at Sparsholt in my usual Xtmas of the Court of Faculties of the Archbishop of Shape of a brace of Almanacs, of wch you Canterbury in London, upon being satisfied of have already accepted. My Compliments, the fitness of the person and the expediency

& more, my real good Wishes, attend You of the appointment, may appoint, admit, and * & my Cousin. I remain,

cause to be sworn and inrolled in the said

Court of Faculties any person residing at any Dear Sir,

place distant more than ten miles from the Your most obliged & obed

Royal Exchange in the said City of London humble Servt

who shall have been previously admitted, W BLACKSTONE. sworn, and inrolled an attorney or solicitor in · London, 7 Dec. 1751.

any of the Courts at Westminster, or who sball

be a proctor practising in any Ecclesiastical Will not a Line from You do as well as Court, to be a notary public or notaries a personal Conference in ye Affair of Ston

public to practise within any district in which

it shall have been made to appear to the said house & Smith ? I would not, methinks,

Master of the Court of Faculties that there is give You a Trouble to avoid one myself.

not (or shall not hereafter be) a sufficient The Judges are bringing in a Bill with number of such notaries public admitted or to regard to ye Attestac'on of Devises, in ye be admitted under the provisions of the said room of that they rejected last Sessions. recited act for the due convenience and accomIt is a Thing loudly called for. The Alarmmodation of such district. Bell is rung ; & a hundred Suits are pre

3. Nothing herein contained shall authorize

any notary who shall be admitted by virtue of paring on ye Doctrine they established for i

this act to practise as a notary, or to perform Law, in ye Case of Anstey & Dowser,

or certify any notarial act whatsoever, within which you heard argued.

the said city of London, the liberties of Westminster, the borough of Southwark, or within the circuit of ten miles from the Royal Ex

change in London. ABSTRACTS OF RECENT STATUTES. 4. If any notary admitted by virtue of this

act shall practise as a notary, or perform or

certify any notarial act whatsoever, out of the PUBLIC NOTARIES.

district specified and limited in and by the 3 & 4 W. 4, c. 70.

faculty to be granted to him, or within the This act is intituled “ An Act to alter and the borough of Southwark, or the circuit of

city of London, the liberties of Westminster, amend an Act of ihe Forty-first Year of His ten miles from the Royal Exchange in London, Majesty King George the Third, for the better then the said Court of Faculties, on complaint Regulation of Public Notaries in England;" | made in a summary way, and duly verified on and passed on the 28th of August, 1833. It recites the 41 G. 3, c. 79, “For the better

oath, may cause every such notary so offend- Regulation of Public Notaries in England,” |

ing to be struck off the roll of Faculties, and

every person so struck off shall thenceforth enacting that after the 1st of August, 1801, no | for ever after be wholly disabled from prac. person should be sworn, admitted, and in-ltising

and in- tising as a notary or performing or certifying rolled as a public notary unless he should have a

ve any notarial act whatsoever. served as a clerk or apprentice for the term of not less than seven years to a public notary, or a person using the art and mystery of a scrivener (according to the privilege and custom

INCLOSURE AWARDS TITLES. of the city of London, such scrivener being

3 & 4 W. 4. c. 87. also a public notary,) duly sworn, admitted, and inrolled, and should have continued in This is intituled “An Act for remedying a such service for the term of seven years. Defect in Titles to Messuages, Lands, Tene

And reciting that the provisions of the said ments, and Hereditaments allotted, sold, diact are found to be extremely inconvenient in vided, or exchanged under Acts of Inclosure,

Abstracts of Recent Smtutes.

423

in consequence of the Award not having been person or persons requesting the same, for Inrolled, or not having been inrolled within the which no more shall be paid than threepence Time limited by the several Acts; and for for every sheet of seventy-two words; and every authorizing the Appointment of new Commis- award already made, whether inrolled or not, sioners in certain cases where the same shall and every copy of such award when inrolled as have been omitted.” It passed on the 28th of aforesaid, or of any part thereof, signed as August 1833, and recites that by divers acts of aforesaid, shall at all times be admitted and inclosure the awards directed to be made by allowed in all courts whatsoever as legal evithe commissioners appointed by such acts are dence. directed to be inrolled with the clerk of the 3. If any commissioner shall be dead or inca. peace of the county, riding, division, soke, or pable of acknowledging his award before such place in which the lands to which such Acts award shall be inrolled, the same award may respectively relate are situated, or in one of his be inrolled without the acknowledgment of Majesty's Courts of Record at Westminster, or such commissioner, on due proof being given in some other Court, and, in certain of the said that such award is the deed or instrument of acts, within certain times mentioned in such such commissioner. acts next after the execution of such awards ; 4. Where any award already made under any and in certain of the said acts new commis- act of inclosure shall be deposited in any parish sioners are directed to be appointed within church, it shall be considered as in the custody certain times.

of the officiating minister and churchwardens Reciting also that in a great number of in- for the time being of such parish church; and stances such awards have not been inrolled, or where any such award shall be in the possession have not been inrolled within the time directed of the lord of any manor to or for whom, or by the several acts; and by reason of such to or for any preceding lord of which manor, omission the title to the messuages, lands, any allottment shall have been made under such tenements, and hereditaments allotted, sold, award, or in the possession of the steward of divided, or exchanged under such acts may be such manor, it shall be considered as in the considered defective; and in many instances custody of the lord of such manor for the time new commissioners have not been appointed being; and the steward shall, when required, within the time directed.

deliver up the same accordingly; and the said For remedying such defects it is enacted— minister and churchwardens, or lord, as the 1. That every award already made and executed case may be, shall from time to time, upon the under or in pursuance of any act of inclosure, request of any person or persons interested in and which has not been inrolled, or which has any allotment or allotments, or otherwise, not been inrolled within the time limited by under such award, cause the same to be prothe act under or in pursuance of which such duced for the inspection of such person or peraward shall have been made, shall from the sons on being paid by him, her, or them a just time of the execution of such award be as good and reasonable compensation for such producand valid and of the same effect in all respects tion, and shall also cause the same to be proas if such award had been inrolled in the duced for the purpose of being inrolled, or in manner, and within the time, if any, appointed any court of law or equity, or on any other and limited for that purpose in the act, under occasion, for the purpose of being given in or in pursuance of which the same has been evidence, on being paid all just expences. made.

5. Where any such award as aforesaid, shall 2. Where any award already made and exe- not be deposited in the parish church of the cuted under or in pursuance of any act of in-parish in which the lands to which such award closure has not been inrolled, it shall be lawful shall relate are situated, and shall not be in the for any person having or deriving title to any possession of the lord or steward of any manor messuages, lands, tenements, and heredita- to or for the present or any preceding lord of ments under such award, at his expence, to which manor an allotment shall have been require and cause such award, with any maps | made under such award, but shall be in the or plans annexed or relating thereto, to be possession of any other person, it shall be lawinrolled in any one of his Majesty's Courts of ful for any person or persons interested in any Record at Westminster, or by the clerk of the allotment or allotments, or otherwise, under peace of the county, riding, division, soke, or such award, to require the same to be deposited place in which the lands to which such award in the parish church of the parish in which the shall relate are situated, to the end that re- lands to which such award shall relate are sicourse may be had thereto by any person or tuated, and the person in whose possession the persons interested therein, for the inspection same shall be, shall, on such request, deliver up and perusal whereof no more than one shilling the same to the minister and churchwardeos shall be paid; and a copy of such award when for the time being of such parish church, for so inrolled, or of any part thereof, signed by the purpose of being so deposited. the proper officer of the court wherein the same 6. In all cases where in or by virtue of any shall be inrolled, or by the clerk of the peace act or acts of inclosure heretofore passed, profor such county, riding, division, soke, or vision hath been made for the election, nomiplace, or his deputy, purporting the same to be nation, or appointment, within a time therein a true copy, shall from time to time be made limited or directed, of a new commissioner or and delivered by such officer or clerk of the commissioners in the event of the death, repeace for the time being, or his deputy, to any | fusal, or neglect to act of the commissioner or 424

Abstracts of Recent Statutes.- Imprisonment for Debt.

commissioners appointed by or by virtue of columns as the champion of the scheme for such act or acts, or of his or their becoming, by abolishing imprisonment for debt, and chalreason of absence beyond the seas, or other lenged discussion as to the expediency of the wise, incapable of acting in the execution of measure, I expected to have found in him an the powers, authorities, and trusts in such com- advocate who, as fact and experience would missioner or commissioners vested and re- not favor him, would have used skilfully the posed, before the same and every of them shall only weapons which presented themselves, viz. have been fully executed and performed, and ingenuity and eloquence; but how great was my where any such election, nomination or ap- surprise to see in your Legal Observer of 31stAug. pointment as aforesaid, or any of them, shall the inconclusive and unsatisfactory statements have been neglected or omitted to have been and remarks which, in the writer's humility, made, pursuant to such act or acts, within the are to cause a total revolution of opinion in the time or tiines thereby limited or directed, then minds of traders, to enlighten our senators, and in every such case it shall be lawful for the and direct his Majesty's Solicitor General, in person or persons by any such acts of inclosure the view of this great and important question. authorised and empowered for that purpose, In endeavouring to answer what is brought and on such notice or notices, and at such meet-forward by your correspondent, I will go seriaing or meetings (if any) as required or directed tim through the statements he has made, and by any such acts of inclosure, to proceed at the arguments which are intended to support any time after the passing of this act to elect, them. nominate, and appoint in such manner as by Your correspondent, previously to discusssuch acts of inclosure are directed, one or more ing the question, admits the propriety of confit and proper person or persons (as the case fining the discussion “to simple contract may require), not interested in the division, al- debts, to the payment of which there is no lotment, or inclosure by such acts of inclosure reasonable dispute or objection.” This is of directed to be made, and not otherwise disqua- course understood, as no one would be suffilified by such acts, as a commissioner or com- ciently hardy to argue against the necessity of missioners in the room, place, or stead of the attachments to enforce the authority of the commissioner or commissioners so dying, re- Courts. fusing, or neglecting, or becoming incapable Ambulator next makes a quotation from of acting, and to do all other acts, which shall Burke, to the effect that “it is a fault in our be requisite for effecting the purposes aforesaid, law that every man is, contrary to truth, prenotwithstanding the time for doing the same sumed to be solvent, and the debtor is ordered, shall then have elapsed, and the several writ-on a supposition of ability and fraud, to be deings appointing such new commissioner or prived of his liberty.” At the time this was commissioners, and all other documents (if written it was nearer truth than now; but I any) relative thereto, shall be deposited or dis-submit, with the greatest deference to this posed of as by such acts of inclosure are direct authority, that the law did not, certainly does ed; and every commissioner to be elected, no- not now, make such a presumption; the law minated, or appointed by virtue of this act, to considers that every man purchasing goods execute the powers of any acts of inclosure as contracts to pay the price of them, and knowaforesaid, having first taken the oaths, and ingly renders his body collaterally, as well as complied with the other terms or conditions (if his estate, liable for the breach. Your corany) prescribed in and by such acts of inclosure, respondent afterwards quotes the passage in shall have the same powers and authorities, Magna Charta, “ that no man shall be arrestand no others, for putting or carrying into exe ed, attached, imprisoned, &c. unless by the cution such acts, as if he had been duly elected, leg al judgment of his peers." This is the lannominated, and appointed for those purposes, guage of liberty, and contains the spirit of our within the time limited or directed by such act famous laws; but it requires the comprehenor acts of inclosure.

sion of an Ambulator, to make it suit his side 7. Nothing herein contained shall affect of the question in dispute. I would ask him, any public right, or otherwise give any greater if every man is not now legally judged by his force or validity to any award already inade and peers before he can be imprisoned for debt, if executed under or in pursuance of any act of he chooses to bring his cause to trial ? As to inclosure, than such award would have had if the following extract, it relates to the question this act had not been made, except so far as at issue as much as an extract from the Ten respects the several defects herein-before re- Commandments would; and though last, is spectively specified and provided for.

equally applicable with the preceding.

The next part of our article consists of a few unmeaning observations on the cruelty of

the present law; but as these remarks have no DEFENCE OF IMPRISONMENT

fact to steady, or argument to uphold them, I FOR DEBT.

apologize for occupying in your columns even

this space in adverting to them. To the Editor of the Legal Observer.

Ambulator next tells us of the results of his

inspection of Whitecross Prison, and states Sir,

that he found between 500 and 600 persons I must own, when your correspondent inmates of this place; and in order to excite “Ambulator". introduced himself to your our passions, he exclaims, in his own peculiarly

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emphatic language, “Yes, Sir, I saw vener- but which every candid reader must be aware able tradesmen immured within the walls of be has not done in a single iota, viz. that the that prison, who had seen better days.” As to present system is a failure as it respects the these facts, I can only say, that if they have recovery of debts, and that it is also a failure not been guilty of gross and glaring fraud as respects the punishment of the debtor. (and if they have, their punishment is not a jot These positions I deny to be correct. The too hard,) let them apply to that system which / law does not give to the creditor the power of your correspondent had just before cavilled at, imprisoning the person of the debtor as the I mean the Insolvent Laws, and they may find direct means of procuring payment of his debt, relief. I think it proper, however, to observe, but that collaterally, by means of this power, before I go farther, that no system can be free be may be enabled to satisfy his claims out of from abuses, and that every scheme invented by the estate of the debtor. Its operations are human nature, if viewed by the narrow minded | beneficially felt in two ways; first, at the time and the prejudiced, would receive nothing but of making the contract, it obliges the person censure; as the one could not comprehend the about to incur a debt, to look around him and different ends to be provided for, and the calculate if he has any means of discharging it sympathetic relations of the materials, and the when it becomes due, and warns him not to other would not see any beneficial result ob- engage in idle and ruinous speculations, as he tained, but would be satisfied in magnifying may, if unfortunate, be deprived of his dearest the little deforinities in its operation; to which, privilege—his liberty: and its benefit is again or whether if to both, of these classes, your cor- to be seen when the time of payment has respond belongs, I leave your readers to judge. arrived; for if the debtor be dishonest, it tends But I beg pardon for iny digression, and will to check those fraudulent transfers of property proceed with my further examination.

(which must always be open to be made, in Our friend Ambulator now gives us instances spite of enactments), as the person is liable to of cases of imprisonment for very small debts. be imprisoned, and the Insolvent Act refuses Many answers suggest themselves. It may be relief if this can be shewn. As for the honest said that the laws must be fixed, and that the man, if he has been unfortunate and rendered machinery which would be used to recover | unable to discharge his debts through unavoid. 100,0001. inust be alike available for the re-able losses, if he honestly makes a surrender covery of smaller sums; and though it looks to his creditors of all his effects, it will, I may at first sight hard, yet it is surely not sufficient say, be nearly always accepted, and imprisonto require the abolishment of imprisonment for ment, which, thanks to the railed-at Insolvent debt in all cases. As well might we argue, Laws, could not in such a case be longer than that the fire-arms which are perhaps cruelly for a few days, will be spared him. As to the used for the purposes of sporting, should be system being a failure in punishing the debtor, destroyed, without considering their utility the Insolvent Laws will at present punish him against an enemy; and I also think that it if fraud can be instanced, and if there be no might be observed, with truth, that the ob- fraud, I am sure that Ambulator, in his great stinacy of the persons instanced as examples, humanity, would not wish the debtor to be the one a debtor of 5d., and the other apunished. debtor of 18d., rendered them deserving of A principal objection to the proposed plan punishment, as it cannot be conceived that is, that it will destroy the public credit; and on either of them could be so wretchedly poor as this point Ambulator only for a moment opennot to be able to raise those sums; and that ed the book of wisdom, and hastily closed it, they were justly and honestly due, cannot be by referring to his own plan. That the alteradisputed, or the law would not have compelled tion of the present system would so check the them to pay the amount.

wheels of coinmerce, that ruin must inevitably After having brought forward all this load follow, is obvious, as the tradesman before he of proof, which we have just examined, and vended his goods would not only have to make overset all opinions unfavorable to his plan, enquiries to satisfy himself as to the then staAmbulator coolly sits down congratulating bility of his proposed customer, but he must himself on having fully proved these two prin- also be confident that his credit and integrity ciples as to the inefficacy of the law; Ist, as it will endure till his debt is discharged. respects the recovery of debts; and 2dly, as it As the present system is approved of by the respects the punishment of the debtor; and parties most concerned in its operation, and as then deliberates whether he will be pleased to the sense of the nation is in favor of its conremove the Solicitor General from his difficul- tinuance, I will not at present go more deeply ties and embarrassments, or bring forward his into the question; for under these circumorcn plan, and oust him entirely from the field. stances the onus of proving that an alteration

Ambulator lastly just dips into the question is required, lies on the advocates of the alteraof public credit, and after recommending every tion; and until some shadow of a case is tradesman to enquire into the circumstances brought forward, I should be uselessly occupyof the person who desires to be trusted, he at ing your pages in more widely discussing it. once settles the question by the announcement! I am aware A. B. has undertaken to discuss that “ my bill embraces a provision for this the question with Ambulator; but as the chal. point."

lenge was given generally, I beg, as the latter * Now for the consideration of the principles would say, " to contribute my mite." which Ambulator flatters himself he has proved,

C. D.

426

List of Public General Statutes.

and third years of his present Majesty, reLIST OF

lating to stage carriages in Great Britain; PUBLIC GENERAL STATUTES. and also to explain and amend an act of the

first and second years of his present Majesty, 3 & 4 William IV.

relating to hackney carriages used in the Me

tropolis. [28th August. 1833.] Cap. 49, An act to allow Quakers and Mora

vians to make affirmation in all cases where [Concluded from p. 359.]"

an oath is or shall be required. [28th Au

gust, 1833.) Cap. 38, An act to extend to the twenty-first Cap. 50, An act to repeal the several laws re

day of January one thousand eight hundred lating to the customs. [28th August, 1833.1 and thirty-four, and to the end of the then | Cap. 51, An act for the management of the next session of Parliament, the time for car- customs. [28th August, 1833.] rying into execution an act of the first and Cap. 52, An act for the general regulation of second years of his present Majesty, for as- the customs. [28th August, 1833.7 certaining the boundaries of the Forest of Cap. 53, An act for the prevention of smugDean, and for inquiring into the rights and gling. [28th August, 1833 ] privileges claimed by free miners of the hun- Cap. 54, Ān act for the encouragement of dred of Saint Briavels, and for other pur- British shipping and navigation. [28th Auposes. [14th August, 1833.7

gust, 1833. Cap. 39, An act to reduce certain of the duties Cap. 55, An act for the registering of British

on dwelling houses, and to repeal other du- vessels. [28th August, 1833.]

ties of assessed taxes. [14th August, 1833.] Cap. 56, An act for granting duties of customs. Cap. 40, An act to repeal certain acts relating [28th August, 1833.]

to the removal of poor persons born in Scot- Cap. 57, An act for the warehousing of goods. land and Ireland, and chargeable to parishes (28th August, 1833.) in England, and to make other provisions in Cap. 58, An act to grant certain bounties and lieu thereof, until the first day of May one allowances of customs. [28th August, thousand eight hundred and thirty-six, and 1833.] to the end of the then next session of Par-Cap. 59, An act to regulate the trade of the liament. [14th August, 1833.]

British possessions abroad. [28th August, Cap. 41, An act for the better administration 1833.]

of justice in his Majesty's Privy Council. Cap. 60, An act for regulating the trade of the (14th August, 1833.]”

| Isle of Man. [28th August, 1833.] Cap. 42, An act for the further amendment of Cap. 61, An act to admit sugar without pay

the law, and the better advancement of jus- ment of duty to be refined for exportation. tice. [14th August, 1833.]

[28th August, 1833.] Cap. 43, An act for transferring to the Com- Cap. 62, An act to defray the charge of the missioners of his Majesty's Woods and Fo pay, clothing, and contingent and other exrests the several powers now vested in the penses of the disembodied militia in Great Holyhead Road Commissioners, and for dis Britain and Ireland; and to grant allowcharging the last-mentioned commissioners ances in certain cases to subaltern officers, from the future repairs and maintenance of adjutants, paymasters, quartermasters, surthe roads, harbours, and bridges now under geons, assistant surgeons, surgeons mates, their care and management. [14th August, and serjcant majors of the militia, until the 1833.7

first day of July one thousand eight hundred Cap. 44, An act to repeal so much of two acts and thirty-four. [28th August, 1833.]

of the seventh and eighth years and the ninth Cap. 63, An act to render valid indentures of year of King George the Fourth, as inflicts the apprenticeship allowed only by two justices punishment of death upon persons breaking, acting for the county in which the parish entering, and stealing in a dwelling house ; 1 from which such apprentices shall be bound, also for giving power to the Judges to add and for the county in which the parish into to the punishment of transportation for life which such apprentices shall be bound, shall in certain cases of forgery, and in certain be situated; and also for remedying defec. other cases. [14th August, 1833.]

tive executions of indentures by corporaCap. 45, An act to declare valid marriages so tions. [28th August, 1833.]

lemnized at Hamburgh since the abolition Cap. 64, An act to annend an act of the second of the British Factory there. [14th August, and third year of his present Majesty, for 1833.]

regulating the care and treatment of insane Cap. 46, An act to enable burghs in Scotland persons in England. [28th August, 1833.) - to establish a general system of police. [14th Cap. 65, An act to enable the Commissioners August, 1833.)

for executing the office of Lord High AdCap. 47, An act to authorize his Majesty to miral of the United Kingdom to acquire

give further powers to the Judges of the certain lands at Woolwich in the county of Court of Bankruptcy, and to direct the times Kent, for better securing his Majesty's of sitting of the Judges and Commissioners docks there, and for the improvement of the

of the said Court. [28th August, 1533.] same. [28th August, 1833.] Cap. 48, An act to amend an act of the second Cap. 66, An act to authorize the Commis

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