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Analysis of the New General Registry Bill.
of the action, suit or proceeding, unless the be named and described, or that he is the author.. Court, in which the document shall be proved ized clerk of a barrister-at-law, attorney, solior produced, shall in its discretion determine citor or certificated conveyancer, to be named that there was some reasonable cause for re- and described, employed as aforesaid, and that quiring the proof or production thereof. such inspection is required on behalf of such
68. A document or office copy once given in other person in respect of lands in which such evidence under the preceding clauses, to be other person has or claims some beneficial afterwards allowed in the same cause.' l estate or interest, or has contracted for some
69. The clauses for dispensing with proof of beneficial estate or interest; and if any person execution, and with the production of original shall in any such declaration as aforesaid wil. documents, to apply to requisitions for caveats fully state any matter or thing which shall be and inhibitions.
| untrue, such person shall for every such offence forfeit the sum of
with full costs of Eremption from Stamps.
suit, to be recovered by an action of debt, to 70. Where there are duplicates of a regis- be brought by the Registrar General in any of tered assurance, one duplicate to be exempted His Majesty's Courts of Record at Westminster. from stamp duty, provided the deposited docu
Duties of Attornies, &c. ment is duly stamped. The exemption not to apply where either of the duplicates has the l. 78. That in every case in which it shall be the effect of a counterpart.
duty of any attorney, solicitor or certificated 71. Memorials, office copies and extracts,
conveyancer to make any search in any of the
| indexes to be kept at the said Register Office, to be exempt from stamp duty
such attorney, solicitor or certificated conveyCorrespondence with Office, and producing ancer shall be held to have fulfilled his duty in Documents.
that behalf by making an application at the said 72. Instruments may be sent and applica- Register Office for such search to be made, and tions made to the Register Office through the obtaining a certificate of the result of the same, Post Office,
and shall not be responsible for any error or 73. Persons sending Instruments to be de- mistake in the result of such search as stated posited, or duplicates to be compared, may in such certificate; and in all other cases every require receipts. Where the instrument is sent attorney, solicitor or certificated conveyancer through the Post Office, the receipt to be sent shall be and is hereby indemnified in relying on through the Post Office.
the accuracy of any certificate to be made or 74. Instruments deposited at the Register Of given in pursuance of any of the provisions of fice not to be removed, except on legal proces. this act. • 75. Wills deposited at the Register Office,
Regulations. may be removed for the purpose of being prov. 79. Chief Justices and other Judges, or three ed, after being proved, the will is to be re-or more of them, may, on application by the turned.
| Registrar General, alter regulations, &c. as to Seurches.
indexing. 76. That every person, on application at the 80. Power to the Registrar General to order said Register Office, shall, under such regula- that instruments to be deposited shall be written tions as shall in that behalf be made by the said bookwise, or otherwise, &c. Additional payRegistrar General, with the consent of any threement on persons sending instruments to be of the Judges of the Supreme Courts at West- deposited, which shall not be conformable with minster, to be testified in writing, be allowed to such order. inspect and search any of the indexes to be kept 81. That it shall be lawful for the Registrar at the said Register Office as aforesaid, and to General from time to time, either before or examine and inspect any of the instruments to after the said thirty-first day of December One be deposited in the said Register Office as afore-thousand eight hundred and ihirty-three, by a said, and to take extracts from any such in-notice, to be published not less than four times dexes or instruments as aforesaid ; and the Re- in the London Gazette (of which the last time gistrar General shall also, upon any application shall be at least three calendar months before for that purpose, cause searches to be made in the time when the same shall be intended to any of such indexes; and where any such take effect) to require that any statements
search shall be so made, a certificate shall be which may appear to the said Registrar General • made of the result of such search, which certi- necessary or proper for directing or regulating
ficate shall be stamped with the seal of the Re- the entries to be made on the registration of gister Office, and shall be signed by the proper assurances, shall be made and brought or sent officer of the said Register Office.
to the said Register Office; and it shall also be 77. That before an inspection of any such lawful for the Registrar General, by any such instrument as aforesaid shall be allowed, the notice, to specify the form of such statements person applying for the same shall sign a de-as aforesaid, and to require that the same shall claration to the purport or effect that such in- be signed by the persons respectively requiring spection is required in respect of lands in which the registration of the assurances, and shall conhe has or claims some beneficial estate or in- tain the address of such persons respectively; terest, or in which he has contracted for some and also to require that the same shall be either beneficial estate or interest, or that he is bar-written in or indorsed on the docuinents to be rister-at-law, attorney, solicitor or certificated deposited as aforesaid, or written on separate conveyancer employed by some other person to l papers, as the Registrar General shall think fit.
Analysis of the New General Registry Bill, .. . Responsibility of Registrar. | Three-fourths of ordinary rate of postage to be
82. That nothing in this Act contained shall paid for such packets. Postage to be part of render the Registrar General, or any other the expenses of the oflice, officer of the said Register Office, in any way 97. No packets to be received at the Register responsible or liable in respect of any loss or Office, unless through the Post Office, free of damage which may be sustained or incurred by expense. any person in consequence of the omission of
Local Registries. any entry or reference required by this Act on 98. Repeal of 2 & 3 Ann. 5 Ann. 6 Aon. the registration of any assurance, or in conse- 1 7 Ann, c, 20. 8 Geo. 2. quence of any delay in making any such entry : 99. Assurances not to be inrolled in Local or reference, or in consequence of any error Register Offices after 31st of Dec. 1833; and in any such entry or reference, in any case no assurances, &c. to be registered in such where no statement shall have been sent to the offices after the 31st. of Dec, 1838. said Register Office conformably with any such 100. Registration in the General Register order as aforesaid, or in any case where such Office, to have the same effect against Acts statement shall have been so sent as aforesaid, prior to 1st Jan. 1834, as registration in the and entries or references in conformity there- | Local Register Offices. with shall have been made.
101. Vacancies in office of Registrar for local 83. Actions for damages occasioned by the offices in Yorkshire not to be filled up. After omission or misfeasance of any officer of the the 31st of Dec. 1837, the offices of Registrars Register Ollice, to be brought against the Re- for Middlesex to cease. 25 Geo. 2. c. 24. gistrar General. If final judgment be reco- 102. Vacancies in Local Register Ofices vered, the damages to be paid out of the con- prior to the 1st of Jan. 1839, to be filled up by solidated fund. Notice to be given to the persons nominated by Commissioners of Trea. Attorney General. The Registrar General | sury. not to be personally liable.
103. Provision to be made as to the custody 84. Provision as to costs, if judgment be of documents in Local Register Offices. given for the defendant, or the plaintiff discon 104, Copies of assurances to be made after tinue or become nonsuit.
the 31st of Dec. 1838, by persons nominated 85. Provision for the case of a writ of error. by Treasury to fill vacancies in Local Register
86. Power to the Registrar General to com- | Offices; to be good evidence. promise any such action.
105. Power to give compensation to officers 87. That the time which by the Act passed of Local Register Offices. in the twenty-first year of the reign of his late 106. Instruments required to be registered Majesty King James the First, intituled, “An in the Local Register Offices, may be regis. Act for Limitation of Actions, and for avoid-tered in the General Register Office. ing of Suits at Law,” is limited for com
Exceptions from the operation of the Act. mencing or suing actions, shall, so far as res
107. Copyhold lands not to be affected. . pects any action which shall be brought in the
108. Rack-rent leases, &c. not be affected. manner directed by this Act to recover da
109. Where possession does not go along mages for any loss or damage arising from any
with such lease, &c., the same to be void as omission, mistake or misfeasance of any officer of the said Register Office, be computed and
against a purchaser during the interval. run from the time when actual loss or damage
110. Conveyances, &c. to provisional or geshall have arisen from such omission, mistake
neral assignees of bankrupts or insolvents need
not be registered. or misfeasance as aforesaid.
111. Inclosure awards not to be affected. Fees.
112. Share in companies not to be affected. 88, The fees specified in the schedule, to be
113. Lands within the Bedford Level not to paid.
be affected. 89. Time at which fees are to be paid.
114. None of the exceptions to warrant the 90. Summary remedy to compel payment of provision to prevent protection by legal estates
or tacking. Salaries and Expenses.
Penalties. 91. Power to assign salaries to the Registrar | 115. Punishment for forging signatures reGeneral and other officers of the Register | quired by the act, or counterfciting impres. Office.
| sions of the seal of the Register Office. 92. Sums for defraying the expenses of the
the 116. Falsely swearing under this act, to be
116. Falsely swearin Register Office to be allowed out of the conso- punished
punished as perjury. lidated fund.
Abatement of Actions. 93. Power to apply monics received by the 117. Actions by and against the Registrar olice, in payment of the expenses of the same. General not to abate by his death. &c. 94. Subject to the last power, all monies
Definition of certain Words. received by the office to be paid to the conso- 118. Meaning of words in this act. “Lands." lidated fund.
“Estate and interest.” “ Assurance." “ Will ” 95. Accounts of the office to be audited by “ Person.” « Title to lands.” “Grantor." the commissioners under 25 G. 3. c. 118. 8. 2. / “ Claiming derivatively.” “ Addition.” Words Postages.
used in the singular or plural number, or in 96. The postage on packets sent to and from the masculine gender, to apply generally. the Register Office to be borne by the office. 119. Act may be altered.
Late Commissioners of Bankrupts.
Practical Points, No. XLV.-Parliamentary Returns.
| Sir George Francis Hampson PRACTICAL POINTS OF GENERAL Francis Charles Parry
Thomas Hall Plumer.
Francis Vesey -
Robert George Cecil Fane
George James Pennington
John Turner The following case decides a new point in
John Beames pleading, if not in law.
William Roberts Assumpsit for goods sold and delivered. William Conant Pleas, first, general issue ; second, the Statute | Anthony Hart Rawlins of Limitations. Replication, a writ sued out Nathaniel Clayton in 1830. Rejoinder, no cause of action within James Trebeck six years of that time. It appeared that the John Samuel Hudson plaintiffs were the publishers of the Racing James Seton . Calendar, and that they had for some years Edward Grose Smith supplied a copy of that work, as fast as the Bryan Blundell Hollinshead numbers came out, to Mr. Westbrook, who | Thomas Farrer had resided at Maidenhead. Mr. Westbrook John Newland died in the year 1820, when the defendant, l Clement Tudway Swanston who had kept an inn at Maidenhead, succeeded | Basil Montagu to the property of Mr. Westbrook, and went | Nathaniel Ellison to live in his house. The plaintiffs, not know-| George Dale Collinson ing of Mr. Westbrook's death, continued to John Lucius Dampier send the Racing Calendar, by the stage coach, George Daniel Harvey directed to him; and a servant of the defend- Robert Belt ant proved them to have been received by the defendant; and no evidence was given that The payment of such annuities to be susthe defendant had ever offered to return them..pended so long as they shall hold any public This action was brought to recover the price office or employment of an annual value greater of the Racing Calendars of 1825 and 1826. .than the said annuity of 2001., or be in the re
Talfourd, for the defendant.--I submit, that ceipt of any yearly sum of money in lieu of or there was never any contract between these as a compensation for the proceeds of any such plaintiffs and the present defendant ; indeed, office or employment exceeding in amount such it appears that they did not know him. This annuities. form of action, therefore, cannot be sup- To John Pensam and William Welfitt, also ported.
late Commissioners of Bankrupts, an annuity Lord Tenterden, C. J.-If the defendant of 2001. each for their respective lives, subject receive the books, and use them, I think that to deductions equal to the emoluments received the action is maintainable. These books from the offices now held by them, and to be come addressed to the deceased gentleman, still further reduced, or altogether suspended, whose estate has come to the defendant, and so long as they shall hold any public office or he keeps the books. I think that the defend- employment producing a larger income than ant is clearly liable in this form of action. they now receive, or of an annual value greater
Verdict for the plaintiff.-Weatherby and than the said annuity of 2001., or be in the reanother v. Barham, 5 Car. & Pay. 228. ceipt of any yearly sum of money in lieu of or
as compensation for the proceeds of any such office or employment exceeding in amount such annuity. Under this regulation, the
amount at present due to these persons will be PARLIAMENTARY RETURNS.
John Pensam - - 531. per. ann.
William Welfitt - 1211. per ann. AN ACCOUNT OF AMOUNT OF COMPENSATION| To John Beauclerk, also late a Commission.
GRANTED TO THE LATE COMMISSIONERS OF er of Bankrupt, 1001. per annum for his life, BANKRUPT.
he being already in the receipt of 2001. per
annum for the loss of another office; such anI HAVE the bonour to state, that the Lords of nuity to be subject to the regulations before His Majesty's Treasury, by their certificate mentioned with respe
I mentioned with respect to abatement or susdated the 24th January, 1833, certified to the
le pension. Lord Chancellor, that they had awarded to the
* That the Lord Chancellor, by his order following persons the sums set against their dated the 1st day of February, 1833, directed names respectively, upon the terms and con
that the Accountant General of the High Court ditions thereinafter mentioned : viz.
of Chancery, out of the monies and securities
Parliamentary Returns.—Parliamentary Report.
standing or which might stand to the account | missioners, except Sir George Francis Hampintituled, “ The Secretary of Bankrupts' Com-son, whose compensation did not commence pensation Fund,” should pay such several an-, until 31st December 1832, because until then nuities, on proof that the parties claiming did | he held the office of Receiver General of Droits not hold such office, and were not in the re- of the Admiralty. That the payment to Mr. ceipt of such yearly sum as in the certificate | Roberts ceased on the 230 June, 1832, because mentioned.
he then became Secretary to the CommissionThat the following list shows the names of ers for inquiring into Ecclesiastical Revenues. the persons paid, the amount paid to each, and! That these payments have all been inade out the dates when Commissions of Bankrupt were of the fund intituled, “The Secretary of Bank. first granted to such persons respectively. The rupts' Compensation Fund,” mentioned in the payment to all commenced from Ilth January said order of the Lord Chancellor. 1832, the date when they ceased to act as Com-1
PARLIAMENTARY. REPORT. · REFORM IN THB CRIMINAL LAWS. move for a return connected with the crimi
nal jurisprudence of the country. It is well [The efforts for the amelioration of the I known to the House, that by the act intro. criminal code have been already renewed in duced during the last Session of Parliament the present Session of Parliament: . We by the Honorable Member for Liverpool, therefore continue our abstract of the debates the vunishment of death has been removed on this subject, which will shew the present
from many crimes, which before were capistate of the question in both Houses.
tal. One of the consequences of that mea
sure, and one which, I believe, was not anHOUSE OF COMMONS.
ticipated by the legislature, has been, that Sir Thomas Freemantle.--I now beg to l a very large portion of those offences which
were only triable by the judges, now come each county in England and Wales, for of under the cognizance of the magistrates, fences which, prior to the passing of the and a great change has been effected in the act of the 2 & 3 William 4, c. 62, would administration of justice in the country. By have been capital felonies. the alterations which have been made, all Sir C. Burrell seconded the motion. cases of horse and cattle stealing, sheep Mr. Strickland.—Having been referred stealing, stealing in a dwelling house to the to, in consequence of my opposition to the value of five pounds, the crime of forgery, Bill which was introduced last session, I feel and certain offences relating to the coin, are myself called upon to say, that I still consino longer capital, and consequently, the ma- der the principle of the measure to be objecgistrates have power to dispose of them at tionable, and that I hope it will not be exthe quarter sessions. The object of this re- tended.
turn is to ascertain to what extent the Mr. Ewart.-As I concur fully in the · Courts of Quarter Sessions in the different sentiments expressed by the present Lord
counties have adopted the extended jurisdic-Chancellor,—that dear justice, well admition. If they undertake to try all such nistered, is better than cheap justice badly cases, the business of the assizes will be ma- administered, -I hope that the objections terially diminished; as, for instance, in the which have been urged by the Honorable case of the Summer Assize, which, in many Member for Buckingham against the present counties, is immediately preceded by the mode of trying the offences in question beQuarter Sessions, the gaol will have been fore the magistrates at quarter sessions, will cleared of all criminals- unless there should be removed, not by reverting to the old sysbe any charged with murder, arson, rape, tem, but by the establishment of new and and those crimes whieh are happily of rare peculiar tribunals for the purpose. occurrence; and thus nearly the whole cri. The motion was then agreed to. minal business of each county will be transferred from the hands of the Judges, who go the circuits expressly for the purpose of
HOUSE OF LORDS, relieving the gaols, into those of the magis
7th of May. trates.
The Duke of Sussex presented a petition from Now it appears to me a matter for serious the inhabitants of London and its vicinity, consideration, whether the Court of Quarter | agreed to at a public meeting held at Exeter Sessions is so constituted as to undertake Hall, praying such an efficient reform of the these very responsible duties with advantage Criminal Law as will render it more available to the country. I hear complaints daily to public morals than to private vengeance;
| and that, by establishing a judicious system of thrown out against the unpara magistracy prison discipline, protection to property may and abuse in some quarters unsparingly I be afforded without sacrificing human life. heaped upon them. These calumnies I know The petition was signed by upwards of 5000 to be groundless ; but it seems to me in-persons, including many who had been robbed consistent, at a time when such prejudices and refused to prosecute, from a reluctance to are abroad, to enlarge the powers and autho
invoke the aid of sanguinary laws. His Royal
| Highness said, however, that great care and rity of a Court, in which these very magis. Hig
consideration were necessary in abolishing a trates are the judges. It is undoubtedly
particular punishment, to substitute another. very desirable that the gaols should be de- le concur
He concurred with the petition, that the effilivered as frequently as possible; and a pri- cacy of the laws depended less on severity than soner is entitled to his trial at the first certainty of punishment; and that laws which Court competent to try him ; but the ques could not be carried into execution without tion arises in my mind whether the quarter shocking the feelings of society and exciting
sympathy for the offender, were contrary to sessions, as at present constituted, possesses
reason, inconsistent with morality, and opposed that amount of legal knowledge, experience,
to the interests of justice. By comparing the · and influence which should be found in a
number of persons convicted in 1831, with the ,* tribunal, to which so great a portion of the number of persons acquitted, it appeared that
criminal business of the country is intrust- for offences not capital, the number of acquitTed. It is my intention, Sir, at present, tals was in the proportion of 28 in 100; and to do no more than to direct the attention where the punishment was capital, the acquitof the House to this subject. I now move,
tals were in the ratio of 80 in 100.
Lord Lyndhurst adverted to the Act of last that an humble address be presented to his
Session, by which persons found guilty of the Majesty, for a return of the number of pri- l offences named therein, were subjected abso• soners indicted and tried at the last Mich- | lutely to transportation for life. In 300 cases,
aelmas and Epiphany Quarter Sessions for according to the returns, only ten instances