20 Changes in the Law made during the last Session of Parliament. receive that consideration, and undergo that power of giving evidence in criminal matimprovement, which its present constitution ters, which had been long considered an so urgently demands. It is but reasonable anomaly, and was particularly pointed out to suppose, that the same views, and the same spirit, which induced the present ministry to propose and perfect this amendment, will not be backward in giving efficiency and perfection to the Court which is the highest known to the constitution; and that the reform of the appellate jurisdiction of the Privy Council will lead to the establishment of a well organized and efficient Court of Appeal, instead of that now existing; which is in fact, in nine cases out of ten, an appeal to a single Judge, (and not seldom from his own decisions) assisted only by a bishop and a lay lord, attending under penalty, and according to a rota." p. 65. Here, for the present, we leave the subject. Backed as he is, and powerful above all existing statesmen; clothed with the highest judicial authority in the realm; gifted with surpassing talents, if not to conceive, at least to enforce, and execute, the Lord Chancellor may be a blessing to his country: if otherwise, he will be the bitterest curse that ever was inflicted on it. Let us hope the best. as such by Mr. Phillips, in his work on By the 3 & 4 W. 4. c. 49. § 1, it is enacted, that every person of the persuasion of the people called Quakers, and every Moravian, be permitted to make his or her solemn affirmation or declaration, instead of taking an oath, in all places and for all purposes whatsoever where an oath is or shall be required either by the common law or by any act of parliament already made or hereafter to be made, which said affirmation or declaration shall be of the same force and effect as if he or she had taken an oath in the usual form; and if any such person making such solemn affirmation or declaration shall be lawfully convicted wilfully, CHANGES MADE IN THE LAW IN declared any matter or thing, which if the falsely, and corruptly to have affirmed or THE LAST SESSION OF PARLIA- No. XIV. THE QUAKERS, MORAVIANS, AND SEPARATISTS' ACTS. same had been in the usual form would have amounted to wilful and corrupt perjury, he or she shall incur the same penalties and forfeitures as by the laws and statutes of this realm are enacted against persons convicted of wilful and corrupt per contrary notwithstanding: Provided always, shall be in the words following; (that is to that every such affirmation or declaration say,) "I, A. B., being one of the people called Quakers [or one of the persuasion of the people called Quakers, or of the United Brethren called Moravians, as the case may be,] do solemnly, sincerely, and truly declare and affirm.' 3 & 4 W. 4. c. 49. 3 & 4 W. 4. c. 82.jury, any law, statute, or custom to the On the assembling of the present Parliament, one of the first questions which arose was whether Mr. Pease, a Quaker, who had been elected a member, could sit, inasmuch as he could not take the required oaths. We then discussed the question,a and were of opinion that he could do so; and of that opinion were a Committee of the House of Commons, who reported in his favour.b However, the Legislature has thought proper to put the matter completely And it is further enacted, that instead of at rest, and to pass a general act which the form of affirmation prescribed in lieu of gives the affirmation of a Quaker, in all the abjuration oath by an act of the eighth respects and in all places and matters, the year of the reign of his late Majesty King virtue of an oath. By the 1 W. & M. c. 18. George the First, intituled "An Act for § 15, their declaration of fidelity was sub-granting the People called Quakers such stituted for the oath of allegiance; and ever since the 7 & 8 W. 3. c. 34, their affirmation has been received in all civil matters. They had, however, until very lately, no a See 5 L. O. p. 60, 294. Forms of Affirmation or Declaration as may remove the Difficulties which many of them lie under," and instead of the form of the oath of abjuration prescribed by an act of the sixth year of the reign of his late Majesty King George the Third, intituled "An Act for altering the Oath of Abjuration and Changes in the Law.-Plans of Registering Deeds in 1671 and 1678. 21 the Assurance, and for amending so much | PLANS OF REGISTERING DEEDS of an Act of the Seventh Year of her late IN 1671 AND 1678. Majesty Queen Anne, intituled 'An Act for the Improvement of the Union of the two Kingdoms,' as after the Time therein limited requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason or Misprision of Treason," every person of the persuasion of the people called Quakers shall be permitted to make his or her solemn affirmation in the words set out in the act. This right being conceded to the Quakers, it was reasonable that another sect entertaining their peculiar view as to the sinfulness of oaths-the Separatists-should be placed on the same footing. This has been accordingly done; and it it enacted, by the 3 & 4 W. 4. c. 82, that every person for the time being belonging to the said sect called Separatists, who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or may be required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or declaration in these words following; videlicet, 66 I, A. B., do, in the presence of Almighty God, solemnly, sincerely, and truly affirm and declare that I am a member of the religious sect called Separatists, and that the taking of any oath is contrary to my religious belief, as well as essentially opposed to the tenets of that sect; and I do also in the same solemn manner affirm and declare." Which said solemn affirmation or declaration shall be adjudged and taken, and is hereby enacted and declared to be of the same force and effect, to all intents and purposes, in all Courts of Justice and other places whatsoever where by law an oath is or may be required, as if such Separatists - had taken an oath in the usual form (§ 1). And, that if any person making such solemn affirmation or declaration shall in fact not be one of the people commonly called Separatists, or shall wilfully, falsely, and corruptly affirm or declare any other matter or thing, which if the same had been sworn in the usual form would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties and forfeitures as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury (§ 2). AMONGST the numerous articles which will be found in the previous volumes of this work, on the project of a General Registry for all Title Deeds, a list of the various publications in support of, or in opposition to the plan, was given in vol. i. p. 234. We now lay before our readers some account of the contents of four pamphlets published in the years 1671 and 1678, with which we have been favored by a learned correspondent, extracted in the course of his researches. In the year 1671, Nicholas Phillpott, of New Inn, printed at Oxford a quarto pamphlet of ten pages, entitled " Reasons and Proposals for a Registry or Remembrancer of all Deeds and Incumbrances of Real Estates to be had in every County most necessary and advantageous, as well for Sellers and Borrowers as Purchasers and Lenders; to the advance of Credit and the general Good, without prejudice to any honest-minded Person: Most humbly offered to Consideration." And these reasons are stated to be, that "fraud and deceit increases continually;" and "The vast number of suits and actions in the courts at Westminster, arising merely by precedent and concealed incumbrances, which have and do daily waste and consume the whole substance of such as are concerned in them and two parts in three, at least, of all suits touching real estates depending in Westminster Hall, are sprung from this mischief." To instance particular examples of persons deceiving and deceived in this kind, is not necessary, it being so epidemical and obvious; nor can be mentioned without scandal to such as are therein." "The terror of this mischief affrights persons who have money to lend unto those who want it." "The too frequent and abominable villainy of forging, razing, altering, and antedating of conveyances, would be wholly prevented." cover their testator's debts of record.” "It will very much assist executors to dis The pamphleteer then states, that " Objections may be made, which, though weak, some may think fit to receive as answers:" and these objections are- 1. The discovery of men's estates, to their prejudice. 2. Opportunities to pick holes in men's conveyances. 3. Purchasers put to an unnecessary trouble and charge. 4. The growing students of the law, who observe with admiration the vast 22 Plans of Registering Deeds in 1671 and 1678. wealth and honor acquired by their prede- | for a Registry; shewing briefly the great cessors in their functions, may see cause of Benefits and Advantages that may accrue despairing the like to themselves, if this preventive remedy be set on foot. 46 This pamphlet was answered by one in sixteen pages quarto, entitled, The Pretended Perspective Glass; or, some Reasons, of many more which might be offered, against the proposed Registring Reformation. London, 1671 :" in which, after stating the general mischief of innovation, and other circumstances not connected with the present times, the writer adds,— "The office of General Remembrancer of all Incumbrances hath several parliaments in the reign of King James troubled and attended them for a confirmation, and could never obteyn it was refused and certified by Sir Edward Coke and the Judges to whom it was referred, to be against the weal publique; missed of its purpose in the Parliaments of King Charles the Martyr; was entertained by Oliver, and his ignorant and mechanick party, as a ready means to level and overturn our laws, and make his saints some seats on business of judicature in the several counties; but went no farther than its embrio, because his so called Parliament could not agree, in six months time, what should be called incumbrances and hath been rejected in a late session of this parliament." The pretences of suits and contentions, and the fears of purchasers and mortgagees, it was stated, would vanish, and no more disturb their fancies, when the fines and recoveries would demonstrate plenty of purchases and a great deal of land sold: : to this Nation thereby; and likewise reconsidering those mistaken Inconveniences which many have conceived thereof." The preface commences thus several purchasers and mortgagees of lands in "To premise to any how unhappily the this nation, are obnoxious to the indirect practices and frauds of such as have occasion to sell or mortgage their land, is a labour I conceive may well be spared, since the clamours of too many who have unfortunately suffered under those circumstances may give us a most evident demonstration thereof; and to enumerate those many sufferers were as endless a task but because the multiplicity of frauds which have been practised about purchases and mortgages for many years last past have made them weary of dealing in that nature, and our present laws being deficient of a remedy, the mischief is grown to that height as to become a disease almost past the hopes or possibility of a redress, we may the more excusably imitate those doctors, who in desperate diseases adventure to apply new and unusual remedies. I have therefore presumed to offer some reasons for a Registry,” &c. 'After stating that no bank can so conveniently secure money to be lent for the advancement of trade as lands, if the transferring the same could be brought under a convenient method as to become a practicable and unavoidable security, the writer proposes a registry of all titles or incumbrances as a remedy. But he acknowledges that prejudices lie in the way. "1st. That it would be a vast charge for men to be obliged to register the several deeds that they may have concerning the titles of their estates. "And the records and decrees of Chancery (being the Pool of Bethesda) whither all men deceived by mortgages or fraudulent conveyances do come for relief, can, if compared with "2dly. That by this means the private conthe number of fines and recoveries, and bar-cerns of one man's estate may be publicly gains and sales, that do pass in every year, exposed to the knowledge of any other that testifie that there is not much above one in will but peruse the registry. every thousand that falleth into such a misfortune. 66 3dly. That such a registry would be no security against statutes, judgments, and recognizances. There are other difficulties which may be objected against a registry, but they are of more private concern. This last pamphlet was answered in the same year, 1678, by one in twenty-two "And that if it were fit or could be reasonable for the people of England to experiment all those mischiefs and inconveniences which may as certainly as sadly happen to us, as it did to the well-wishing daughter of Pelias, who destroyed him against their will, by letting out his old blood in the hopes of new; yet the registring reformers can never arrive to any other end of their proposals, than that of get-pages, entitled, "Reasons against a Registing offices and imployments to ruin or per- try for Lands, &c.; shewing briefly the plex the people." great Disadvantages, Changes, and Inconveniences that may accrue to the whole Although the Registring Reformers" Nation in general thereby, much over-bafailed in their attempt in 1671, they re-lancing the particular Advantages that are newed their efforts in 1678, in a pamphlet imagined to arise therefrom: in Answer to written by "A Well-Wisher to the Publick a late Book, entitled, Reasons for a ReInterest of the Nation," entitled, "Reasons gistry:' with some Reasons for a Registry " 23 Plans of Registering Deeds in 1671 and 1678.-Abstracts of Recent Statutes. of Personal Contracts, humbly offered to FORGERY OF STAMPS, &c. 3 & 4 W. 4. c. 97. This writer, quoting that part of the preface of the pamphlet last noticed, distinctly denies its truth, and affirms that lands sell well; that where there is one seller there THIS act is intituled, “An Act to prevent the are two buyers, &c.; and therefore, that selling and uttering of Forged Stamps, and to exempt from Stamp Duty artificial Mineral there is not a disease requiring such a dan-Waters in Great Britain, and to allow a Drawgerous remedy: "For in case there should, in a thousand several estates in fee simple, be one incumbered with a concealed mortgage or entail, which is the greatest proportion, I am confident, any man can imagine there can be; a for I myself am acquainted with the estates of some hundreds of persons near together, and have not for these thirty years heard of any secret or concealed incumbrance that ever amongst them was set up to the detriment of a purchaser. Yet in case it should so happen, I cannot conceive that to be a sufficient reason to make 999 other estates subject to such great inconveniences as a Registry will unavoidably produce, for the security of one only estate." The writer then enters largely into the hardship of compelling persons to travel, in order to make these registries, or search for incumbrances; for, he remarks— "It may rationally be conceived, that borrowers or lenders, or buyers or sellers, were better to go to such town where the registry is kept, and have their business done there, than be at the charge to hire a counsellor or solicitor to go with them." "When it is done, away joggs home the joyful mortgagor, for that it cost him but twelve or fourteen pounds out of his mortgage for thirty or forty pounds; and the mortgagee glad that no other mortgage preceded him in the registry." There are many minor evils mentioned in this pamphlet, which I have not extracted on account of their length; but from what has been stated it will appear, that the plan of registering deeds has frequently been attempted, and always failed; that in the instances before us it was grounded on an assertion of numerous frauds from concealed deeds, which assertion was false; and that the plan was considered to be mischievous and perplexing to the people, invented by Registring Reformers, for no other end than that of getting offices and employments for themselves. G. a This is precisely the evidence which has been given as the result of long experience at the present day. ED. back on the Exportation of Gold and Silver Plate manufactured in Ireland." It received the royal assent on the 29th August, 1833, and enacts As to Licensed Dealers in Stamps. 1. That from the commencement of this act it shall be lawful for the Commissioners of Stamps, by writing under the hands of any two or more of them, to grant a license free of expense to any person whom they in their discretion shall think fit and proper for the purpose (not being a distributor of stamps appointed by the said Commissioners, nor à subdistributor appointed by any such distributor), to vend and deal in stamps at any place or places in Great Britain to be named in such license: Provided that every person to whom any such license shall be granted shall enter into a bond to his Majesty, his heirs and successors, in a penal sum of one hundred pounds, conditioned that such licensed person shall not sell or offer for sale or exchange, or keep or have in his possession for the purpose of sale or exchange, any stamp or stamps other than such as he shall have purchased or procured at the head office for stamps in Westminster or Edinburgh, or from some distributor of stamps duly appointed by the said Commissioners, or from some person licensed to deal in stamps under the authority of this act: Provided always, that such bond shall not be liable to any stamp duty, and that one license and one bond only shall be required for any number of persons in copartnership: And provided also, that it shall be lawful for the said Commissioners, whenever they shall think fit, by notice in writing signed by any two or more of them, to revoke and make void any such license as aforesaid. 2. That in every such license to vend or deal in stamps there shall be truly specified the proper Christian name and surname and place of abode of the person to whom the same shall be granted, and a true description of the house or shop or houses or shops in or at which he shall by such license be authorized to vend or thereby authorized or entitled to vend or deal deal in stamps; and such person shall not be in stamps in or at any other house, shop, or place than such as shall be so specified and de scribed in such license. 3. That no person other than such distributor or sub-distributor of stamps as aforesaid, shall vend or deal in stamps in any part of Great Britain without having duly obtained from the Commissioners of Stamps a license for that purpose, which shall be subsisting in force and unrevoked at the time of such vending or dealing; and if any person other than said; and if any person licensed as aforesaid shall neglect or omit to cause such names and words to be so painted as aforesaid, or shall neglect or omit to continue the same so painted according to the directions of this act, he shall forfeit ten pounds for every such offence: Provided always, that in the case of several persons licensed as aforesaid in copartnership, it shall be sufficient if the Christian name and surname of one only of such persons be painted in manner aforesaid. any part of his house, shop, or premises, either in the inside or on the outside thereof, or upon any board or any material whatever exposed to public view, and whether the same shall or shall not be affixed to such house, shop, or premises, any word or words which shall import or signify, or be intended to import or signify, that such person is a vendor of or dealer in stamps, such person not being licensed to deal in stamps under the authority of this act, and not being a distributor or subdistributor of stamps duly appointed as aforesaid, he shall forfeit ten pounds for every day such offence shall be committed or continued. Allowance of Stamps. such distributor or sub-distributor as aforesaid shall sell or offer for sale any vellum, parchment, or paper, stamped or marked with any stamp or mark denoting or purporting to denote any stamp duty, or shall exchange any such stamped vellum, parchment, or paper for any other stamped vellum, parchment, or paper, or for any other article or thing, without having duly obtained and having in force such license as aforesaid, authorizing him in that behalf, or in or at any house, shop, or place not specified and described in any such license 6. That if any person shall write, paint, or as aforesaid granted to him, he shall for every mark, or shall cause or procure to be written, such offence forfeit the sum of twenty pounds; painted, or marked, or shall permit or suffer and if any proceedings shall be had for reco-to continue written, painted, or marked, upon very of such penalty of twenty pounds, and it shall thereupon appear that any stamp or stamps impressed on any such vellum, parchment, or paper which shall have been so sold or exchanged, or offered for sale or exchanged, was or were false, forged, or counterfeit, although the same shall not have been so alleged in the information or pleading, then and in such case the said penalty shall be doubled, and judgment shall be given against the offender for the sum of forty pounds, and the said special matter shall be stated in such judgment as the cause of such increase of penalty; and if on any such proceeding any issue shall be tried by a jury in which the selling or exchanging, or offering for sale or exchange, of such vellum, parchment, or paper, with any stamp 7. That it shall be lawful for any stationer or stamps thereon, shall be in question, such or other person who, in the regular course of jury shall be required to say whether such his trade or business, before and at the time of stamp or stamps was or were false, forged, or the passing of this act, shall have been a vendor counterfeit, or not: Provided always, that of stamps, and who at the time of the passing of nothing herein contained shall extend to ex- this act shall have in his possession for the empt any person from the legal consequences purpose of sale any stamped vellum, parchof selling, uttering, or having in possession ment, or paper which shall not be in any manany vellum, parchment, or paper with any ner spoiled or rendered useless or unfit for the false, forged, or counterfeit stamp or stamps purpose intended, to bring or send the same to thereon, knowing the same to be false, forged, the head office for stamps in Westminster or or counterfeit, if such knowledge shall be duly Edinburgh at any time within three calendar proved in any criminal prosecution or proceed-months next after the commencement of this ing against such person for any such offence. 4. Provided that it shall be lawful for any person employed to prepare, write, or ingross any deed or instrument liable to stamp duty to charge his employer with the amount of the stamp or stamps impressed on the vellum, parchment, or paper upon which such deed or instrument shall be written or ingrossed, without having obtained any such license as aforesaid to vend or deal in stamps. act; and it shall be lawful for the Commissioners of Stamps, or any officer of stamp duties duly authorized in that behalf, to receive the same, and to pay to the person bringing or sending the same the amount of the stamp duty thereon, deducting therefrom such per-centage as is allowed by law on the purchase of stamps of the like description from the said Commissioners, and also to pay the amount of the value of such vellum, parchment, and paper, ac5. That every person who shall be licensed cording to the rates at which vellum, parchunder the authority of this act to deal in stamps ment, and paper of the like quality and descripshall cause to be painted in Roman capital let-tion shall be sold by the said Commissioners; ters, one inch at the least in height and of a proper and proportionate breadth, on some conspicuous place on the outside of the front of the house or shop in or at which he shall be licensed to deal in stamps, and so that the same shall be at all times plainly and distinctly visible and legible, the Christian name and surname of such licensed person at full length, together with the words, "Licensed to sell Stamps," and such person shall continue such names and words so painted as aforesaid during all the time that he shall continue licensed as afore and thereupon such stamp shall be immediately cancelled: Provided always, that the person who shall bring or send such stamped vellum, parchment, or paper to the said head office shall make proof, to the satisfaction of such Commissioners or authorized officer, that such vellum, parchment, or paper was actually in the possession of such person for the purpose of sale at the time of the passing of this act, and shall also make proof in like manner that such stamped vellum, parchment, or paper, or the stamps impressed thereon, was or were |