Analysis of the New General Registry Bill. of the action, suit or proceeding, unless the Court, in which the document shall be proved or produced, shall in its discretion determine that there was some reasonable cause for requiring the proof or production thereof. 68. A document or office copy once given in evidence under the preceding clauses, to be afterwards allowed in the same cause. 69. The clauses for dispensing with proof of execution, and with the production of original documents, to apply to requisitions for caveats and inhibitions. Exemption from Stamps. 73 be named and described, or that he is the author- 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 docuDuties of Attornies, &c. ment is duly stamped. The exemption not to apply where either of the duplicates has the effect of a counterpart. 71. Memorials, office copies and extracts, to be exempt from stamp duty. Correspondence with Office, and producing Documents. 72. Instruments may be sent and applications made to the Register Office through the Post Office. 73. Persons sending Instruments to be deposited, or duplicates to be compared, may require receipts. Where the instrument is sent through the Post Office, the receipt to be sent through the Post Office. 74. Instruments deposited at the Register Of fice not to be removed, except on legal proces. 75. Wills deposited at the Register Office, may be removed for the purpose of being prov ed; after being proved, the will is to be returned. Searches. 78. That in every case in which it shall be the duty of any attorney, solicitor or certificated conveyancer to make any search in any of the indexes to be kept at the said Register Office, such attorney, solicitor or certificated conveyancer shall be held to have fulfilled his duty in that behalf by making an application at the said Register Office for such search to be made, and obtaining a certificate of the result of the same, and shall not be responsible for any error or mistake in the result of such search as stated in such certificate; and in all other cases every attorney, solicitor or certificated conveyancer shall be and is hereby indemnified in relying on the accuracy of any certificate to be made or given in pursuance of any of the provisions of this act. Regulations. 79. Chief Justices and other Judges, or three or more of them, may, on application by the Registrar General, alter regulations, &c. as to indexing. 80. Power to the Registrar General to order that instruments to be deposited shall be written bookwise, or otherwise, &c. Additional payment on persons sending instruments to be deposited, which shall not be conformable with such order. 76. That every person, on application at the said Register Office, shall, under such regulations as shall in that behalf be made by the said Registrar General, with the consent of any three of the Judges of the Supreme Courts at Westminster, to be testified in writing, be allowed to 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 thirty-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 for that purpose, cause searches to be made in any of such indexes; and where any such search shall be so made, a certificate shall be made of the result of such search, which certificate shall be stamped with the seal of the Register Office, and shall be signed by the proper officer of the said Register Office. shall be at least three calendar months before the time when the same shall be intended to take effect) to require that any statements which may appear to the said Registrar General necessary or proper for directing or regulating the entries to be made on the registration of assurances, shall be made and brought or sent 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 documents to be rister-at-law, attorney, solicitor or certificated deposited as aforesaid, or written on separate conveyancer employed by some other person to papers, as the Registrar General shall think fit. 74 Analysis of the New General Registry Bill, Responsibility of Registrar. 82. That nothing in this Act contained shall render the Registrar General, or any other officer of the said Register Office, in any way responsible or liable in respect of any loss or damage which may be sustained or incurred by any person in consequence of the omission of any entry or reference required by this Act on the registration of any assurance, or in consequence of any delay in making any such entry or reference, or in consequence of any error in any such entry or reference, in any case where no statement shall have been sent to the said Register Office conformably with any such order as aforesaid, or in any case where such statement shall have been so sent as aforesaid, and entries or references in conformity therewith shall have been made. 83. Actions for damages occasioned by the omission or misfeasance of any officer of the Register Office, to be brought against the Registrar General. If final judgment be recovered, the damages to be paid out of the consolidated fund. Notice to be given to the Attorney General. The Registrar General not to be personally liable. 84. Provision as to costs, if judgment be given for the defendant, or the plaintiff discontinue or become nonsuit. 85. Provision for the case of a writ of error. 86. Power to the Registrar General to compromise any such action. Three-fourths of ordinary rate of postage to be paid for such packets. Postage to be part of the expenses of the office. 97. No packets to be received at the Register Office, unless through the Post Office, free of expense. Local Registries. 98. Repeal of 2 & 3 Ann. 5 Ann. 6 Ann. 7 Ann, c. 20. 8 Geo. 2. 99. Assurances not to be inrolled in Local Register Offices after 31st of Dec. 1833; and no assurances, &c. to be registered in such offices after the 31st. of Dec, 1838. 100. Registration in the General Register Office, to have the same effect against Acts prior to 1st Jan. 1834, as registration in the Local Register Offices. 101. Vacancies in office of Registrar for local offices in Yorkshire not to be filled up. After the 31st of Dec. 1837, the offices of Registrars for Middlesex to cease. 25 Geo. 2. c. 24. 102. Vacancies in Local Register Offices prior to the 1st of Jan. 1839, to be filled up by persons nominated by Commissioners of Trea sury. 103. Provision to be made as to the custody of documents in Local Register Offices. 104. Copies of assurances to be made after the 31st of Dec. 1838, by persons nominated by Treasury to fill vacancies in Local Register Offices; to be good evidence. 105. Power to give compensation to officers of Local Register Offices. 87. That the time which by the Act passed 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 regisAct for Limitation of Actions, and for avoid-tered in the General Register Office. ing of Suits at Law," is limited for com- Fees. 88. The fees specified in the schedule, to be paid. 89. Time at which fees are to be paid. Exceptions from the operation of the Act. 107. Copyhold lands not to be affected. 108. Rack-rent leases, &c. not be affected. 109. Where possession does not go along with such lease, &c., the same to be void as against a purchaser during the interval. 110. Conveyances, &c. to provisional or general assignees of bankrupts or insolvents need not be registered. 111. Inclosure awards not to be affected. 112. Share in companies not to be affected. 113. Lands within the Bedford Level not to be affected. 114. None of the exceptions to warrant the 90. Summary remedy to compel payment of provision to prevent protection by legal estates fees. Salaries and Expenses. 92. Sums for defraying the expenses of the Register Office to be allowed out of the conso lidated fund. 93. Power to apply monies received by the office, in payment of the expenses of the same. 94. Subject to the last power, all monies received by the office to be paid to the consolidated fund. 95. Accounts of the office to be audited by the commissioners under 25 G. 3. c. 118. s. 2. Postages. 96. The postage on packets sent to and from the Register Office to be borne by the office. or tacking. Penalties. 115. Punishment for forging signatures required by the act, or counterfeiting impres sions of the seal of the Register Office. 116. Falsely swearing under this act, to be punished as perjury. Abatement of Actions. 117. Actions by and against the Registrar General not to abate by his death, &c. Definition of certain Words. 118. Meaning of words in this act. "Lands." "Estate and interest." "Assurance." "Will " "Person." "Title to lands." "Grantor." Claiming derivatively." "Addition." Words used in the singular or plural number, or in the masculine gender, to apply generally. 119. Act may be altered. John Samuel Martin Fonblanque Robert George Cecil Fane Edward Grose Smith 75 Late Commissioners of Bankrupts. Assumpsit for goods sold and delivered. Pleas, first, general issue; second, the Statute of Limitations. Replication, a writ sued out in 1830. Rejoinder, no cause of action within six years of that time. It appeared that the plaintiffs were the publishers of the Racing Calendar, and that they had for some years supplied a copy of that work, as fast as the numbers came out, to Mr. Westbrook, who had resided at Maidenhead. Mr. Westbrook died in the year 1820, when the defendant, who had kept an inn at Maidenhead, succeeded to the property of Mr. Westbrook, and went to live in his house. The plaintiffs, not knowing of Mr. Westbrook's death, continued to send the Racing Calendar, by the stage coach, directed to him; and a servant of the defendant 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 2007., or be in the receipt of any yearly sum of money in lieu of or as a compensation for the proceeds of any such office or employment exceeding in amount such annuities. Talfourd, for the defendant.—I submit, that there was never any contract between these plaintiffs and the present defendant; indeed, it appears that they did not know him. This form of action, therefore, cannot be supported. Lord Tenterden, C. J.-If the defendant receive the books, and use them, I think that the action is maintainable. These books come addressed to the deceased gentleman, whose estate has come to the defendant, and he keeps the books. I think that the defendant is clearly liable in this form of action. Verdict for the plaintiff.-Weatherby and another v. Banham, 5 Car. & Pay. 228. PARLIAMENTARY RETURNS. AN ACCOUNT OF AMOUNT OF COMPENSATION I HAVE the honour to state, that the Lords of Clement Tudway Swanston To John Pensam and William Welfitt, also late Commissioners of Bankrupts, an annuity of 2001. each for their respective lives, subject to deductions equal to the emoluments received from the offices now held by them, and to be still further reduced, or altogether suspended, so long as they shall hold any public office or employment producing a larger income than they now receive, or of an annual value greater than the said annuity of 2004., or be in the receipt 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 -to 76 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 23d June, 1832, because mentioned. he then became Secretary to the Commissioners for inquiring into Ecclesiastical Revenues. That these payments have all been made out of the fund intituled, "The Secretary of Bank. rupts' Compensation Fund," mentioned in the said order of the Lord Chancellor. That the following list shows the names of the persons paid, the amount paid to each, and the dates when Commissions of Bankrupt were first granted to such persons respectively. The payment to all commenced from 11th January 1832, the date when they ceased to act as Com REFORM IN THE CRIMINAL LAWS. move for a return connected with the criminal jurisprudence of the country. It is well [The efforts for the amelioration of the known to the House, that by the act introcriminal code have been already renewed induced during the last Session of Parliament the present Session of Parliament. We therefore continue our abstract of the debates on this subject, which will shew the present state of the question in both Houses. HOUSE OF COMMONS. by the Honorable Member for Liverpool, the punishment of death has been removed from many crimes, which before were capital. One of the consequences of that measure, and one which, I believe, was not anticipated by the legislature, has been, that Sir Thomas Freemantle.-I now beg to a very large portion of those offences which Parliamentary Report. were only triable by the judges, now come under the cognizance of the magistrates, and a great change has been effected in the administration of justice in the country. By the alterations which have been made, all cases of horse and cattle stealing, sheep stealing, stealing in a dwelling house to the value of five pounds, the crime of forgery, and certain offences relating to the coin, are no longer capital, and consequently, the magistrates have power to dispose of them at the quarter sessions. The object of this return is to ascertain to what extent the Courts of Quarter Sessions in the different counties have adopted the extended jurisdiction. If they undertake to try all such cases, the business of the assizes will be materially diminished; as, for instance, in the case of the Summer Assize, which, in many counties, is immediately preceded by the Quarter Sessions, the gaol will have been cleared of all criminals—unless there should be any charged with murder, arson, rape, and those crimes which are happily of rare occurrence; and thus nearly the whole criminal business of each county will be transferred from the hands of the Judges, who go the circuits expressly for the purpose of relieving the gaols, into those of the magis .trates. very .77 each county in England and Wales, for offences which, prior to the passing of the act of the 2 & 3 William 4, c. 62, would have been capital felonies. Sir C. Burrell seconded the motion. Mr. Strickland.-Having been referred to, in consequence of my opposition to the Bill which was introduced last session, I feel myself called upon to say, that I still consider the principle of the measure to be objectionable, and that I hope it will not be extended. Mr. Ewart.-As I concur fully in the sentiments expressed by the present Lord Chancellor,-that dear justice, well administered, is better than cheap justice badly administered,-I hope that the objections which have been urged by the Honorable Member for Buckingham against the present mode of trying the offences in question before the magistrates at quarter sessions, will be removed, not by reverting to the old system, but by the establishment of new and peculiar tribunals for the purpose. The motion was then agreed to. HOUSE OF LORDS, 7th of May. 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 unpaid magistracy, prison discipline, protection to property may and abuse in some quarters unsparingly 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 rity of a Court, in which these very magis- Highness said, however, that great care and consideration were necessary in abolishing a trates are the judges. It is undoubtedly particular punishment, to substitute another. desirable that the gaols should be de- 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 sessions, as at present constituted, possesses sympathy for the offender, were contrary to that amount of legal knowledge, experience, to the interests of justice. By comparing the reason, inconsistent with morality, and opposed 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 acquited. 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- offences named therein, were subjected absosoners 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 |