Above 50%. and under 751. Above 100l. to 2,000l. The above rates for the first 1007., and 4 per cent. beyond that amount Above 2,000l. to 5,000l., the above rate for the first 2,000, and 24 per cent. above that amount Above 5,000l. to 10,000l., the above rates for the first 5,000, and 11 per cent. above that amount 3 3 0 Above 1,000l. 1 per cent. : £ s. d. 5 5 0 660 7 7 0 880 10 10 0 12 12 0 . 15 15 0 £ £ s. 500-35 15 1,000-45 5 Lessee's Solicitor's charges. Rent under 50%. 50l. to 100%. Above 1,000l. 10s. 6d. for every 5,000l. Agreements for letting lands and houses at rack-rent not exceeding 107.-17. 18., and for every 101. beyond the first 17. 18., to include all charges except the stamp. Building Leases. Per centage to be charged on the value of the consideration, if any, but if no consideration, then on the value of the leasehold interest, and the value of the ground-rent estimated at 20 years' purchase, viz. : Above 5,000l., the above rates for) 9,000-219 8 the first 5,000l., and per cent. above 47 15 10,000-234 8 that amount Not exceeding 2001. 1 per cent. Above 1,000l., the above rates for the first 1,000/., and on all sums above that amount. Partnership Deeds. Ad valorem on the amount of stock, where the stock is defined Not exceeding 500l. دو 4756 5 0 0 THE opposition instituted by the Incorporated Law Society against the Private £ s. d. Trust clauses in this Bill has been producOtive of a few amendments, which render the measure less objectionable, although we still think that the Bill should be confined to 5,000/. the affairs of the Company, and the clauses 5,000l. 7,000l. o regarding the administration of private 7,000l. 10,000l. 15 15 o Trusts entirely struck out. Exceeding 10,000l., for every additional 1,000l., 10s. 6d. Exceeding 500l. and not 1,000l. 6 1,000l. 2,000!. 7 7 دو 0 0 The amendments are as folow : "That the Company as regards any Trust undertaken by them shall be subject to the jurisdiction of the Court of Chansubject." (s. 31.) cery in all respects as ordinary trustees are In the 32nd section it is provided "that trusts undertaken by the Company shall be Directors, according to the trusts and executed and performed by the Court of powers which may be expressed or declared in or by the instrument creating the trust.” In the 33rd clause authorising trustees to transfer trust property to the Company, the following qualifications are added, requiring : "The assent of all parties beneficially interested sui juris, or if any such parties 432 South Sea Company Trust Bill.-Dishonoured Bills of Exchange Bill. should be incompetent to consent, then with the assent of the Court of Chancery, on an application to be made by any such trustees or any cestui que trust in a summary manner, or otherwise as the Court may direct, and upon such terms as to the remuneration to be paid to the Company, as may be agreed upon with the parties so interested as aforesaid, or as the Court shall approve." The words in italics were introduced upon the consideration of the Bill in the House of Commons. Still the legal objections to the measure are very strong. 1st. It exempts the Directors from all personal responsibility, and the shareholders of the Company from any responsibility except to the extent of the joint-stock fund. This is the most obnoxious example of limited liability. All other trustees are liable for their breach of trust, neglect, default, or other misconduct affecting the trust, to an unlimited extent. 2nd. Trustees can make no charge for their services unless expressly authorised in the instruments creating the trust. Chancery may protest any bill of exchange or 5. In each of the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas, the Chief Justice or Chief Baron shall appoint one of the Masters to be the registrar of protested said Master so appointed shall keep a register bills of exchange and promissory notes, and the of protested bills of exchange and promissory notes. 6. Every holder of a dishonoured bill of exchange or promissory note which is duly stamped and dated, and is free from erasures or alterations, except as aforesaid, may after protesting the same, register such bill of exThese rules of equity are proposed to be change or promissory note and the protest thereon in the register of any of the aforesaid abrogated in favour of the South Sea Com- Courts, and shall thereupon be entitled to pany. The Lord Chancellor surely cannot judgment on such bill of exchange or promissanction such an alteration of the general sory note against the parties to such bill or law in a private Bill for the pecuniary bene- note whose names are signed or endorsed fit of this trading company. The Bill on thereon, and also to an order of such Court the very face of it, with regard to existing setting forth that the bill or note and protest trusts, contemplates breaches of trusts in have been registered, and containing a copy of all those cases in which no provision is the bill or note and protest so registered, together with the judgment of the Court thereon, made for paying the trustees for performing in the form contained in the schedule (A) to their duty. In fact, under the powers of this Bill, trustees, after receiving legacies under a will, may as soon after as a decent appearance will permit, transfer the property of the Company, keeping their legacies, and avoiding all risk and trouble. Is not this monstrous? DISHONOURED BILLS OF EX- WE deem it necessary to lay before our readers the principal clauses of this important Bill, introduced into the House of Lords, by Lord Brougham. The proposed enactments are as follow:1. The provisions of this Act shall come into operation on the 24th of October, 1854. this Act annexed marked No. 1, against such parties to such bill or note, for payment of the same within six days after service of such order, and upon the expiration of six days after service of such order on any party, execution may then issue on such judgment against such party, on affidavit of the service of such order, which affidavit shall be endorsed on such order or annexed thereto. 7. The order shall be endorsed with the name and place of abode of the attorney actually suing out the same, and in case such attorney shall not be an attorney of the Court in which the same is sued out, then also with the name and place of abode of the attorney of such Court in whose name such order shall be taken out; and when the attorney actually suing out any order shall sue out the same as agent for an attorney in the country, the name and place of abode of such attorney in the country shall also be endorsed on the said order; and in case no attorney shall be employed to issue the order, then it shall be endorsed with a memorandum expressing that 3. For the purposes of this Act, any attorney the same has been sued out by the plaintiff in of her Majesty's superior Courts of Common person, mentioning the city, town, or parish, Law or any solicitor of the High Court of and also the name of the hamlet, street, and 2. All bills of exchange and promissory notes may be protested according to the form of the statutes in such case made and provided. Dishonoured Bills of Exchange Bill. 433 number of the house of such plaintiff's resi-party against whom the same issued, having 8. Every attorney whose name shall be endorsed on any order issued by authority of this Act shall, on demand in writing made by or on behalf of any party against whom such order | has issued, declare forthwith whether such order has been issued by him or with his authority or privity, and if he shall answer in the affirmative then he shall also, in case the Court or Judge shall so order and direct, declare in writing, within a time to be allowed by such Court or Judge, the profession, occupation, or quality of the holder of the bill or note on whose behalf such order has been issued, on pain of being guilty of a contempt of the Court from which such order shall appear to have been issued; and if such attorney shall declare that the order was not issued by him or with his authority and privity, all proceedings on the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the Court or a Judge. 9. Any order for payment of a bill or note obtained under this Act may be served in any county. 10. Where any of the parties against whom such order has issued is a corporation aggregate, such order, in so far as such corporation is concerned, may be served on the head officer, clerk, treasurer, or secretary of such corporation. 11. The service of such order shall be by serving a copy thereof personally upon the party or parties against whom it is directed, wherever it may be practicable so to do; but it shall be lawful for the party who has obtained such order to apply from time to time, on affidavit, to the Court out of which such order issued, or to a Judge; and in case it shall appear to such Court or Judge that reasonable efforts have been made to effect personal service on any of the parties against whom it issued, and either that the order has come to the knowledge of such party, or that he wilfully evades service of the same, it shall be lawful for such Court or Judge to direct that execution shall issue as if personal service had been effected. 12. In case any party to a dishonoured bill of exchange or promissory note against whom the holder of such bill or note wishes to proceed under the provisions of this Act is residing out of the jurisdiction of the said Courts of Queen's Bench, Common Pleas, and Exchequer, it shall be lawful for such holder to issue an order in the form contained in the schedule (A.) to this Act annexed marked No. 2, which order shall bear the endorsement contained in the said form, purporting that such order is for service out of the jurisdiction of the Court; and the time for payment of such bill or note in such order mentioned shall be regulated by the distance from England of the place where the party against whom such order has been obtained is residing; and it shall be lawful for the Court or Judge, upon being satisfied by affidavit that the order was duly served on the diction may be issued and marked as a con13. Any order for service within the juriscurrent order with one for service out of the jurisdiction, and an order for service out of the jurisdiction may be issued and marked as a concurrent order with one for service within the jurisdiction. been served with any order for the payment of 14. It shall be lawful for the party who has a bill of exchange or promissory note as aforesaid, at any time before execution has issued, or before any writ of fieri facias, levari facias, or elegit issued on the judgment on which such order has proceeded has been fully executed, to apply to the Court or a Judge to stay execution, which application must be supported by an affidavit disclosing what would constinote against the party seeking to stay executute a legal defence to an action on the bill or tion: provided always, that if the party served of capias ad satisfaciendum issued on the judgwith such order shall be arrested on any writ ment on which such order has proceeded, it shall be lawful for him, at any time before he is discharged from custody, to apply to the Court or a Judge to set aside such writ, and further execution, which application shall be to discharge him from custody, and to stay all supported by affidavit as aforesaid. Judge shall think that such legal defence has 15. In any of the said cases, if the Court or been disclosed, execution shall be stayed, or the party discharged from custody, and execution stayed, as the case may be, and an issue in fact shall be directed to be tried by the parties, opinion of the Court, in the same manner as if or a special case to be stated by them for the the question of fact or of law so directed to be tried or stated had been raised by consent of parties, without pleading, under the provisions of the Common Law Procedure Act, 1852, and in the proceedings in such issue or special case the party seeking to stay execution shall defendant: provided always, that the proof of be plaintiff, and the holder of the bill or note such issue shall rest on the party who would have been bound to prove the same had such issue been raised in an ordinary action brought by the holder of the bill or note: provided also, that where the party who has obtained such order for the payment of a bill of exchange or promissory note, does not claim more than 50l. against the party served with such order, such Court or Judge shall, unless satisfied that the trial will involve some difficult question of fact or law, order that the issue shall be tried in a County Court, within whose jurisdiction either of such parties resides or carries on business, or a material witness resides, and for that purpose a writ shall issue directed to the Judge of such County Court, commanding him to try such issue, and to return such writ with the result of the 434 Dishonoured Bills of Exchange Bill. trial thereon endorsed, at a day certain, in term as aforesaid, to register such bill or note in the or in vacation, and thereupon such County Court Judge shall proceed to try such issue in like manner as an ordinary plaint. diction of the said County Court or not, whose names are written thereon, and execution shall proceed on this order against any such party, six days after service thereof on such party, in the same way, except as hereinafter provided, as if the party had been duly summoned to appear before the Court, and an order made against him, on affidavit of the service of such order, which affidavit shall be endorsed on such order or annexed thereto. County Court within whose jurisdiction the acceptor of the bill or maker of the note resides or carries on his business at the time 16. Within six days after such issue or spe- such bill or note is dishonoured, and therecial case has been directed, or such further upon he shall be entitled to an order of such time as the Court or a Judge shall appoint, the Court, in the form contained in Schedule (B) party seeking to stay execution or to be dis-to this Act annexed marked No. 1, against the charged from custody shall give security for parties to the said bill or note, whether residthe payment of the bill or note, and interesting or carrying on business within the juristhereon, and for the costs of protesting and registering the bill or note, and of the order and service of the same, and also for the costs of trying the issue or of the special case, and proceedings thereon, or pay into Court a sum of money which shall be deemed sufficient by such Court or Judge to abide the event of such issue or special case, otherwise execution shall proceed as if no such issue or special case had been directed: provided always, that the Court or Judge may direct that such security shall not be required where the party applying for a stay of execution or discharge from custody can show to the satisfaction of the Court or Judge, upon affidavit, that his alleged signature to the bill or note has been forged, or that circumstances exist which affect the title of the holder with fraud, or that any other circumstances exist which, in the opinion of the Court or Judge, ought to dispense with such security. 17. The costs of such issue in fact or special case shall be in the discretion of the Court. 21. In any case where the sum due on the bill of exchange or promissory note on which such order for payment has issued shall exceed the sum of 201., exclusive of the costs of protest and registration, and service of the order, the clerk of the Court out of which such order has issued, at the request of the party who has obtained such order, and six days after the service of the same, shall issue under the seal of the Court a writ of capias ad satisfaciendum in the form contained in Schedule (B.) to this Act annexed marked No. 2, as a warrant of execution to the high bailiff of such Court, who by such warrant shall be empowered to take the party served with such order, and to deliver him to the governor or keeper of the common gaol wherein the debtors under judgment in execution of the Superior Courts of Justice may be confined for the county, city, borough, or place in which such party is resident: provided always, that where such writ of capias ad satisfaciendum shall have issued against any party who shall reside out of the jurisdiction of the Court, it shall be lawful for the high bailiff of the Court to send such writ 18. Upon the finding of the jury or of the County Court Judge in any such issue in fact the order for the payment of the bill or note shall be forthwith discharged, or execution shall forthwith proceed thereon, according to such finding, unless the Court or a Judge shall otherwise order, for the purpose of giving either party an opportunity for moving to set aside the verdict or for a new trial; and upon the judgment of the Court in any such special case the order for payment shall be forthwith discharged, or execution shall forthwith proceed thereon, according to such judgment, to the clerk of any other County Court constiunless proceedings in error be taken by either party: provided always, that if the plaintiff has been discharged from custody by order of the Court or a Judge, such discharge shall not be a satisfaction of the debt due by such plaintiff on the bill of exchange or promissory note on which the order for payment originally issued. tuted under the Act passed in the 10th year of the reign of her present Majesty, intituled "An Act for the more easy Recovery of Small Debts and Demands in England," within the jurisdic tion of which such party shall then be or be believed to be, with a warrant thereto annexed, requiring execution of the same, in like manner as is done when a warrant of commitment is to 19. The chief clerk of every County Court be executed out of the jurisdiction of the Court shall by virtue of his office be a registrar of from which the same has issued; and the clerk protested bills of exchange and promissory and high bailiff of the Court to which such notes, and shall keep a register for this pur-writ of capias ad satisfaciendum is sent shall pose. proceed in like manner as when a warrant of commitment is sent to such Court from another Court out of which such order had originally issued. 20. It shall be lawful for the holder of any bill of exchange for the payment of any sum not exceeding 50l. which has been protested for non-acceptance or non-payment, or of any 22. Any order for the payment of a bill of promissory note for the payment of any sum exchange or promissory issuing out of any not exceeding 50l. which has been protested County Court under this Act may be served in for non-payment, and which bill of exchange like manner as a summons issuing from such or promissory note is duly stamped and dated, County Court is now served. and is free from erasures or alterations, except | 23. It shall be lawful for any party who has |