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Abstract of Recent Statutes.-- List of Local and Personal Acts, made public.

3. The annual statement of the debts, re- produce all books of account, plans, maps, venues, and expenditure of every turnpike papers, documents, and writings in their postrust so as aforesaid required by the said re- session respectively, and shall permit any percited act of the third year of the reign of his son appointed by such Secretary of State for said late Majesty, and also by this act, to be the time being to inspect, examine, and take made out by the clerk and surveyor to the copies or extracts from the same or any or trustees or commissioners holding such ge- either of them; and if any such surveyor, neral annual meeting, and submitted to the treasurer, clerk, or other officer shall refuse or trustees or commissioners then assembled, neglect to attend any such summons, or refuse shall, for the year 1834, be made out from the or neglect to give a full and satisfactory andate of the last annual statement of the year swer to any question which he shall be by 1833, until the 31st of December, 1833, ac- such Secretary of State for the time being cording to the forin contained in schedule (A.) required to answer, or shall refuse or neglect annexed to this act; and that in all future to produce any book of account, plan, map, years such annual statements shall be made paper, document, or writing in his possession out of the debts, revenues, and expenditures relating to the road as to which he shall be received or incurred on account of the trust employed, every person so offending shall for for which the meeting shall be held between every such offence forfeit any sum not exthe 1st of January and 31st of December, of ceeding 201. nor less than 51., at the discretion the year preceding the year in which such of any Justice or Justices of the Peace before meeting shall be so held.

whom complaint of such offence shall be made. 4. The several clerks to the said trustees or 7. So soon as the trustees of any turnpike commissioners shall cause to be prepared and road shall have entered into a resolution to laid before such general annual meetings of apply to Parliament for the continuation of the trustees and commissioners respectively, the term and powers of the act under which estimates, made out in the form contained in such turnpike road is regulated, or for the the schedule (B.) to this act annexed, of the alteration or enlargement of any of those powprobable expenditure of their respective trustsers, or for an increase of the tolls to be levied for the current year, from the 1st of January on such turnpike road, the clerk of the said preceding such meeting to the 31st of De- trustees is hereby required immediately to cember following; and if any such clerk shall transmit a copy of such resolution to one of refuse or neglect to prepare and lay before his Majesty's principal Secretaries of State for such general annual meeting such estimate as the time being, together with a copy of any aforesaid, every such clerk so offending shall special clauses which the trustees may wish to for every such offence forfeit any sum not be inserted in any new act respecting such exceeding 101., nor less than 5l., at the discre- turnpike road, and also a statement of the in

n of any Justice or Justices of the Peacecreased tolls intended to be levied thereon. before whom complaint of such offence shall 8. The penalties hereby imposed shall be be made.

| recovered and applied in the same manner as 5. Such Secretary of State for the time penalties imposed by the said recited act of being shall yearly cause such annual state. The third year of his late Majesty, and the ments so transmitted to him to be revised and several clauses and provisions therein conabstracted, and shall cause such abstracts to be tained respecting the recovery and application laid before both houses of Parliament, together of penalties shall be in force for that purpose with any observations he may think proper as if the same were herein specially re-enacted with respect to the state, condition, and repair and contained. of the roads or any of them, or with respect 9. This act may be altered, amended, or to the debts, revenues, expenditure, and ma- repealed by any act or acts to be passed in this nagement of any of such turnpike trusts. present session of Parliament.

6. To enable such Secretary of State for the time being to elucidate such annual statements, and to make such abstract, and prepare such report and observations for both

LIST OF LOCAL AND PERSONAL houses of Parliament, it shall be lawful for such Secretary of State for the time being to

ACTS, DECLARED PUBLIC, AND inquire into the state of the several turnpike TO BE JUDICIALLY NOTICED. trusts whose annual statements shall be so as aforesaid transmitted, and ascertain the amount

3 & 4 WILLIAM IV. of the annual income and expenditure of such several trusts, and also to inquire into the method in which the roads under the charge

[Concluded from p. 431.7 of such trusts are maintained and repaired ; | Cap. LXXI, An act for making and maintaining and for the purposes aforesaid it shall be lawful a railway from the termination of the Leifor such Secretary of State for the time being cester and Swannington railway in the townto summon before him any surveyors, treasu ship of Swannington in the county of Leirers, clerks, or other officers employed by the cester to the Ashby-de-la-Zouch railway in trustees or commissioners in respect of the the township of Worthington in the said said roads; and the said surveyors, treasurers, county, and a branch railway therefrom. clerks, and other officers shall, if required, Cap. LXXII, An act for altering and amending

List of Local and Personal Acts, made Public.

441

several acts passed for the drainage and im- Cap. LXXXV, An act for continuing certain provement of the lands lying in the North powers to the trustees of the New North Level, part of the great level of the fens Road, leading from the south end of High. called Bedford Level, and in Great Portsand bury Place, Islington, to Haberdashers Walk and in the manor of Crowland; and for in the parish of Saint Leonard Shoreditch, providing additional funds for such drain in the county of Middlesex. age and improvement by the Nene Outfall Cap. LXXXVI, An act for repairing the road Cut to sea.

from Aylesbury in the county of BuckingCap. LXXIII, An act for repairing the road ham to Thame in the county of Oxford,

from the town of Great Farringdon in the and the roads leading from the town of county of Berks to Burford in the county of Thame to Shillingford, Postcomb, and Bi. Oxford.

cester, in the said county of Oxford. Cap. LXXIV, An act for more effectually re- Cap. LXXXVII, An act for more effectually re

pairing and otherwise improving the road pairing the road from Rugby Bridge in the from Warrington to Wigan in the county | county of Warwick to the town of Hinckley, palatine of Lancaster.

in the county of Leicester. Cap. LXXV, An act for repairing and improv- Cap. Lxxxvii, An act for more effectually

ing the roads through Huntley from Glou- repairing the roads from Brimington and cester towards Ross in the county of Here- Chesterfield in the county of Derby to the ford, and to and from Mitcheldean, and High Moors in the parish of Brampton, in through Westbury-upon-Severn to Newn the said county ham and Littledean, in the county of Cap. LXXXix, An act for amending an act of Gloucester.

his late Majesty King George the Fourth, Cap. LXXVI, An act for maintaining and im- for more effectually making and repairing

proving the turnpike road froin the guide certain roads leading to and from Bodmin, post below Haddon, out of the Bakewell and other roads therein mentioned, in the turnpike road, into the Bentley and Ash- county of Cornwall; and for making and bourne turnpike road, in the county of maintaining a new road communicating Derby.

therewith. Cap. LXXVII, An act for repairing and widen- Cap. xc, An act to an end so much of two acts

ing the road from Whitchurch in the county for repairing the road leading from Cheltenof Southampton to the extremity of the ham towards the city of Gloucester, and for parish of Aldermaston in the county of making a new branch to communicate with Berks.

the same, as relates to the priority of certain Cap. LXXVIII, An act for better repairing the mortgages granted on the tolls thereof.

roads from Warminster and from Frome to Cap. xci, An act for repairing the roads from the Bath road, and from Woolverton to the Fyfield in the county of Berks to Saint Trowbridge road, in the counties of Wilts John's Bridge in the county of Gloucester, and Somerset, and for making certain new and from Kingston Bagpuze to Newbridge, lines of road branching out of such roads to in the said county of Berks. and towards Bath.

Cap. xcii, An act for more effectually repairCap. Lxxix, An act to make and maintain a ing the roads leading from Swindon to the

turnpike road from the Gateshead and Hex centre of Christian Malford Bridge, from ham turnpike road, at or near to Axwell Calne to Lyneham Green, and from the Park Gate, on the river Derwent, in the Direction Post in Long Leaze Lane near township of Winlaton in the parish of Ryton Lydiard Marsh to Cricklade, in the county in the county of Durham, to the village of of Wilts. Shotley Bridge in the said county of Dur-Cap. xcii, An act for maintaining the roads ham.

from the town of Kingston-upon-Hull to Cap. LXXX, An act for more effectually repair- the town of Beverley in the East Riding of

ing the road from the east end of a close the county of York, and from Newland called Lord's Close, in the parish of Brougham Bridge to the west end of the town of Cotin the county of Westmorland, by way of tingham in the same riding. Brougham Bridge, into the town of Penrith, Cap. xciv, An act for improving the commuin the county of Cumberland.

nication between the towns of Chepstow and Cap. LXXXI, An act for more effectually re- Abergavenny, in the county of Monmouth.

pairing the road from Storrington to Ball's Cap. xcv, An act to enable the Clarence Rail

Hut in Walberton, in the county of Sussex. way Company to make an extension of the Cap. LXXXII, An act for repairing the Road line of their railway.

from Offham to Ditchelling, in the county Cap. xcvi, An act for draining and preserving of Sussex.

certain fen lands and low grounds in the LXXXIII, An act for repairing, maintain-1 parish of Wiggenhall Saint Mary Magdalen ing, and improving the road froin Tadcaster in the county of Norfolk, and other purBridge within the county of the city of York poses. to Hob Moor Lane End.

Cap. xcvii, An act for more effectually repairCap. Lxxxiv, An act for more effectually re ing and improving the road from Butterton

pairing and improving the road from Roch Moor End to the turnpike road leading from dale to Edenfield in the parish of Bury, all Buxton to Ashborne, and other roads therein in the county palatine of Lancaster.

mentioned, in the counties of Stafford and

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442

List of Local and Personal Acts, made public. Derby, and for making several diversions into effect agreements between the Bishop of or new lines of road to communicate there Ely and the Society of Judges and Serjeants with.

at Law, for vesting in the said society the fee Cap. xcvii, An act for more effectually re simple of Serjeants Inn, Chancery Lane, and

pairing the road from Bury Saint Edmunds between the parish of St. Dunstan in the to Newmarket, in the counties of Suffolk West and the said Society; and for other and Cambridge.

purposes. Cap. xcix, An act for improving the Shrews. Cap. cxi, An act to alter and, amend three

bury district and the Wellington district of several acts made in the seventh and fortythe Watling Street Road, in the county of second years of the reign of King George the Salop.

Third, and the sixth year of the reign of his Cap. c, An act for continuing certain powers late Majesty King George the Fourth, for

to the trustees of the road from Kentish draining lands within the level of Ancholme Town to Upper Holloway, in the county of in the county of Lincoln, and making certain Middlesex.

parts of the river Ancholme navigable. Cap. ci, An act for amending an act passed in Cap. CXII, An act for more effectually repairing

the ninth year of the reign of his late several roads in the counties of Carlow, Kil. Majesty King George the Fourth, intituled kenny, and Tipperary, and also the road from An Act for rebuilding, or for improving, the town of Clonmel, through the county of regulating, and maintaining, the Town Quay Waterford, to the cross roads of Knock lofty of Gravesend, in the county of Kent, and in the said county of Tipperary. the Landing Place belonging thereto; and Cap. cxii, An act for better preserviog the for building a Pier or Jetty adjoining | harbour of Maryport, and for lighting and thereto,"

otherwise improving the township of Alary. Cap. cu, An act for erecting a bridge over port in the county of Cumberland.

the river Dungleddan within the town and Cap. CXIV, An act for making two branch railcounty of Haverfordwest, and the liberties ways from the Monkland and Kirkintilloch thereof.

Railway; and for altering, amending, and Cap. cii, An act for supplying with water the enlarging the powers of an act of the fifth

town and county of Haverfordwest and the year of his late Majesty for making the said liberties thereof.

railway. Cap. civ, An act for better supplying with Cap. cxv, An act to amend an act passed in the

water the town and borough of Lewes, and ninth year of the reign of his late Majesty, the neighbourhood thereof, in the county of for regulating and enabling the City of Sussex.

Dublin Steam Packet Company to sue and Cap. ev, An act for paving, cleansing, lighting, be sued.

watching, repairing, and improving a certain Cap. CXVI, An act for renewing and extending portion of the parish of Herne in the county the terms of the acts relating to the Green. of Kent.

ock and Renfrew and Greenock and Kelly Cap. cvi, An act to explain and amend an act Bridge roads in the county of Renfrew,

passed in the first and second year of the Cap. CXVII, An act for dissolving « The St. reign of his present Majesty, intituled “ An George's Fund Society," otherwise called uct to alter and amend an act passed in the “The Troopers Fund,” in the Royal Regiseventh and eighth year of the reign of his ment of Horse Guards, and for distributing late Majesty, intituled ' An act for carrying the fund. into effect certain improyments within the Cap. CXVIII, An act for raising a sum of money city of Edinburgh and adjacent to the for the repair of Blackfriars Bridge, same.'

Cap. cxix, Au act for the inore easy and speedy Cap. cvii, An act for amending several acts of | recovery of small debts within the township

the sixteenth, twenty-third, twenty-ninth, of Hyde, and other places therein mentioned, and fifty-fourth years of his late Majesty in the County Palatine of Chester, King George the Third, for the better relief Cap. cxx, An act to rectify a mistake in an act and employment of the poor within the of this session of parliament for more effechundred of Forehoe in the county of Nor tually repairing the road from the Canal folk.

Bridge in Hurdsfield in the county of Chester Cap.cviii, An act for erecting and maintaining to the turnpike road at Randle Carr Lane

a gaol, court houses, and public offices for Head in Fernilee in the county of Derby, the burgh of Lanark and the upper ward of leading to Chapel-in-the-Frith in the same the county of Lanark; and also for erecting county. and maintaining a gaol, court houses, and Cap. cxxi, An act to amend the acts relating public offices for the burgh of Hainilton and to the Thames Tunnel Company, and to exmiddle ward of the said county.

tend the powers thereby given for raising Cap. cix, An act for repairing, amending, and money for the completion of the said tunnel. maintaining the turnpike roads in the county Cap. cxxii, An act to appoint trustees for the of Haddington, for rendering turnpike cer- creditors of the city of Edinburgh. tain statute labour and parish roads, and for more effectually collecting and applying the

statute labour in the said county. Cap. cx, An act for confirming and carrying

Superior Courts : Chancery.-K. B. Practice Court.

443 SUPERIOR COURTS.

KJECTMENT.-SERVICE OF DECLARATION. Court of Chancery.

Service in ejeciment.

Dickons moved for judgment against the BANKRUPTCY.- LIABILITY OF JOINT ESTATE.

casual ejector. His affidavit stated a service A partner of a firm commits an act of bank- before the first day of term, on the daughter of

ruptcy. Another of the partners accepts the tenant in possession, and he afterwards aca bill for a creditor of the firm, without knowledged receiving the declaration on that having notice of the act of bankruptcy. I day. The mark of the tenant in possession to Held, that the joint estate is bound by the that acknowledgment was verified, but no affiacceptance (against the decision of the davit was made by the daughter. Court of Reviero in Bankruptcy).

Taunton, J. That will not do. This was an appeal from the Judges of the Rule refused. - Doe v. Roe, T. T. 1833, K. Court of Review in Bankruptcy, in the form B. P. C. of a case, according to the provisions of the act 1 & 2 W. 4, c. 56. S 3. The facts stated by the case were, that after an act of bank ATTORNEY AND CLIENT. — ATTACHMENT. ruptcy was committed by one partner of a

CONTEMPT. firm, another partner, who was solvent, ac.

In order to compel an attorney to give an accepted a bill of exchange in the name of the firm, and in favor of a creditor thereof, without

count of what he has done for his client, it any notice of the act of bankruptcy. The

is not necessary that it should appear there question was, whether the joint estate was

is any cause in Court. bound by this acceptance.

| Mansel shewed cause against a rule nisi, for The Court of Review decided that it was an attachment against the defendant, for not not, on the grounds that the assignment, or obeying a rule of Court, requiring the delivery vesting of the estate, under the commission of certain papers and a bill of costs. He obwhich was subsequently issued, had relation jected to the application altogether, on the back to the act of bankruptcy; and that as ground that it did not appear from the entitling that act had the effect of dissolving the part of the affidavits in support of the rule, that the nership, the joint assets could not be bound by Court had jurisdiction over the subject matter. any thing done afterwards in the name of the They were entitled “in the King's Bench, in whole firm.

re Moseley and another.” They ought however The Lord Chancellor, upon hearing the case to be entitled in some cause, in order to shew fully argued, and after taking time to consider that the Court had jurisdiction ; but so entitling the question, came to a different conclusion. them as they were here, did not shew that the His lordship agreed with the Court below as Court had any power to interfere. Unless there to the effect of the assignment under the coin- were taxable items in the attorney's bill, the mission; but he drew a distinction between Court would not interfere. In the case of the transfer of the joint property and the en- Dagley y. Kentish,a the Court, after mature tering into a contract which bound it. His deliberation, declined interfering to tax an opinion was that the latter position could be attorney's bill, when it contained no taxable maintained ; and not relying solely upon his item. The only mode in which it could appear own judgment in this point, which was one of that the items in the bill were taxable, was by great nicety, he consulted some of the Common the affidavits being entitled in soine cause. Law Judges upon it, and they agreed with That not being done here, the Court could himself." He therefore allowed the appeal, have no power to interfere. reversing the decision of the Court below, but Channell, in support of the rule, contended without costs, on account of the extreme that this objection was premature. The quesnovelty and nicety of the question.

tion was not here, whether an attorney's bill . Ex parte Gibson, in re Houghton. Sittings should be taxed or not, but whether an attorin Lincoln's Inn, Aug. 15, 1833.

ney should deliver up certain papers and his

bill of costs. The question could not yet arise, King's Bench Practice Court. whether the bill was taxable or not. It must EJECTMENT.-SERVICE OF DECLARATION.

be delivered before it could be ascertained

whether the bill was liable to taxation. The Service of declaration in ejectment. fact was, that Mr. Jay had been employed to Curicood moved for judgment against the collect certain debts, which it appeared he had casual ejector. The service was on a servant received ; certain papers had also come into on the premises. The tenant in possession af- his hands. The order was therefore obtained to terwards acknowledged the receipt of the de- compel him to deliver up those papers, and claration, but did not state the time at which also to deliver his bill of costs, and a general he received it.

statement of what he had done in the matters Taunton, J.-That won't do. It iust ap- entrusted to him. This order he had not thought pear from the acknowledgment of the tenant proper to obey, and therefore, the rule nisi for in possession that he received the declaration an attachment had been moved for. The case before the term.

was just this : an attorney had been employed Rule refused.-Doe v. Roe, T. T. 1833, K. B. P. C.

a Ante, vol. 1, p. 330.

444

Superior Courts: K. B. Practice Court.- Excheguer.

to do certain business ; the Court ordered him DISTRINGA8.-ATTEMPTS TO SERVE. to give an account of what he had done; and not obeying that order was a contempt for

What are insufficient attempts to serve a sumwhich he was liable to an attachment.

mons, in order to obtrin a distringas. Taunton, J.-In order to shew that these On a motion for a distringas it appeared that affidavits ought to be entitled in some cause, it six attempts had been made in the course of a should be made appear, that the defendant period of six weeks, by calling at the defendwas employed in some particular suit, and that ant's house. The persons there sometimes inthe charges which the attorney makes, or is ex- formed the person attempting to serve the pected to make, are charges in that suit. But

suinmons that the defendant was out of town, here the application is only made against him and at other times that he was very seldom in his general character of an attorney. It is there ; at other times that he would return in not necessary that you should shew in what a fortnight. A copy of the summons was left causes costs have been incurred, until you at the house, and an explanation given to the shew that there were causes in which costs could persons there resident of the nature of the be incurred. It appears here that no applica- I proceeding, and notice also given that a distion was made in any cause; if it had been in tripgas would be moved for. any cause, then the affidavits should have been | The Court was of opinion that these were 80 entitled. The present rule must therefore not sufficient attempts to entitle the plaintiff to be made absolute for the attachment, but it his distringas, as it appeared throughout the may lie in the office for two months.

whole time that the defendant was in the Rule absolute for the attachment; the at. country. tachment to lie in the office for two months.- Rule refused.-Waddington v. Palmer, T.T. Rex v. Juy, T. T. 1833, K. B. P. C.

1833. Excheq.

Erchequer af pleas.

BAIL. —NOTICE.- ATTACHMENT.—SHERIFF's

costs. AFFIDAVIT OF DEBT.-BILL OF EXCHANGE.

What are insufficient defects in a notice of bail, It is necessary in an affidavit of debt, or a bill lo render it a nullity. of exchange, to state the amount of the bill.

On shewing cause against a rule for setting Kelly shewed cause against a rule for can- aside an attachment against the sheriff for irrecelling the bail bond, on the ground of a defect gularity. The defendant having been arrested, in the affidavit to hold to bail. The affidavit gave a bail bond to the sheriff of Middlesex. was on a bill of exchange, but did not state the

C h ance but did not state the Notice of bail was afterwards given, and in it amount of the bill, although it stated that the

the names of the bail were stated and the defendant was indebted in the sum of 511.9s, streets in which they lived, but their residence upon and by virtue of a certain bill of exchange.

for six months previous was not given, nor The objection taken to the affidavit was that it were they described as housekeepers or freedid not state the amount of the bill itself, and holders. This notice was treated by the plaintiff for aught that appeared the sum for which the as a nullity, and the sheriff was ruled to bring defendant was holden to bail might consist of in the body, and afterwards an attachment was both the principal and interest. "This he con- obtained against him. It was contended that tended was not the case, and that it was not the attachment was regular, as a regular notice necessary to state the amount of the bill itself, of bail according to the forın directed by the as it must be taken that the sum mentioned in rules of T. T. 1 W. 4, had not been given. The the affidavit was the amount of the bill itself. plaintiff therefore was entitled to treat the

Erle, contra, contended that it must appear notice as a nullity. Being a nullity the case on the face of the affidavit what was the amount was as if no notice had been given, and conseof the bill itself. Unless this was shewn the quently the sheriff was liable to an attachment. sum for which the arrest took place might con- Bayley, B. was of opinion, that although a sist both of principal and interest. If it con- defect existed in the notice of bail, it was not sisted of interest the plaintiff would have no such a one as entitled the plaintiff to treat it as right to hold to bail for that amount. It was a nullity. true that the Court had on some occasions de

Rule absolute, without costs.-Rex v. Sheriff cided that it was not necessary to state the of Middlesex, in Duncombe v. Crisp, T. T. 1833. amount of the bill in such a case. But on re. | Excheq. consideration the Court, he contended, would be disposed to require the statement of the amount.

INTERPLEADER ACT. — SHERIFF. — JUDGE AT The Court took time to consider, and were

CHAMBERS. ultimately of opinion that it was necessary that the sum for which the bill of exchange was

Cause cannot be shewn at chambers against a drawn should be specified in the albidavit.

sheriff's interpleading rule. Rule absolute. -Brooks v. Colman, T. T. Motion on the part of the sheriff for relief un1833. Excheq.

der the Interpleader Act, the 1 & 2 W. 4. c. 58. $ 6. The motion having been made ncar the

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