On the Friendly Societies Acts. fore they require the societies to obtain the certificate of actuaries to satisfy them; and the actuaries, having no admitted or proved data for this particular class of society before them, certify one set of tables at one time, and another set of tables at another time, so that probably no two actuaries, and no two sets of tables, of all the 16,000 societies, agree. I have read many of the societies' rules, both of London and of different parts of the country, and find they all materially differ from each other. Now, Sir, if you add to the above the vast expences, both legal and consequential, besides the endless disputes among the societies about the working of the present system of enrolling and of re-enrolling rules in all cases when, either through capricious or good but mistaken motives, our acts of parliament are altered-I do not say amended-which expence is probably considered by the societies as the least of the evils inflicted by the present laws, surely something ought to be done to remedy this state of things. 5 it shall not be able to do so without first getting the act of parliament altered, in order to effect such object; and thus involving both parliament and friendly societies in the following absurdity, viz.: as if an act of parliament prescribed a model of partnership contracts for builders, and all others, in all cases-a thing which, if ever seriously attempted, would astound each professional man-and yet the present system having effected this absurdity, each of the petitioners against the act (to the number of about forty) have been told-or rather the honorable gentlemen who presented and supported their petitions have been told— in language of which the following is the correct sense, "True it is that the shoe pinches you the petitioner, but that is not the case generally at present; and until all, or a great majority of the 16,000 societies feel the 'pinch,' and will cry out as well as concur in your petitions, the friendly societies acts is a dangerous theme to touch in parliament." When the revising barrister, or some other The complex and highly perplexing nature person, shall have answered this public appeal of the present laws having been thus made ap-in your columns, I propose to answer him by parent, my primary object is to open in your valuable miscellany a concise and brief discussion on the present state of the tables which govern both benefit societies and the charitable institutions of our country, by inviting answers to the following queries, viz.a 1. Is sufficient data furnished by friendly societies, which can be relied upon to calculate tables from? If so, state the principle of it. 2. What is the nature of the general principles now adopted by such institutions describing particular cases to illustrate the nature thereof? 3. Have any two societies in the United Kingdom adopted one and the same principle in their tables? arguing in support of the first of the propositions last above named, subject, however, to the following just exceptions, viz. 1. I would make void any other penul sanction in the rules for breaches of trust, &c. than our statute laws enact in such cases. 2. I would likewise make void any rules framed for political or any purposes other than the original and benevolent objects of such societies, as explained in your Number of the 31st August. If the revising barrister holds, as I understand he does hold, that no other or better preventive of the evils suggested by the above exceptions can be adopted than the act 10 G. 4., let him shew this by fair argument; for I am 4. Adduce a summary of the evidence fur-bold to say that this opinion is a libel on the nished to parliament on the above three ques- 16,000 societies; and I call upon him to prove tions. that either of them are united for the above excepted objects. I also publicly invite the following discussion, viz. 1. Whether it be wise to enact that the rules of each friendly society shall be deemed the law of the society, which society shall possess a corporate character to sue and to be sued, &c. in the name of its treasurer, secretary, or other officer, whom it may by rule appoint; just in the same way as suggested by J. W. in your Number for the 31st August last? Or, on the other hand 2. Whether it be more wise to enact or prescribe rules of management by act of parliament? thus compelling the societies to conform to the act, or adopt bye-laws to evade it, which bye-laws the magistrates of course cannot template. con 3. And whether it is more wise to enact that when any given society desires to amend and revise its rules of management so prescribed, a We think we can only admit a statement of the result of these calculations: our proper business will be to consider the effect of the proposed legal alterations.-ED. Then, Sir, I call upon him for proof that there are any such illegal societies as he states in the United Kingdom, the existence of which I deny. But supposing I admit, for the sake of argument, there are such societies, does that warrant the infliction of the foregoing evils on the 16,000 societies? Is it just in this case to compel the innocent to suffer for the guilty, when the object of the punishment is not to reform the guilty? On the contrary, if the evils now adverted to do exist, which I again deny, the system in question justifies those acts, if any thing can justify them. If, Sir, in this as well as in all other cases of legislating for friendly and all other societies, our government and senators were to anticipate all our just petitions, instead of making it necessary for any one or more society or societies, or individual member thereof, to labour for years to induce all the rest to join in petitioning the legislature for a redress of the above grievance, before it can be obtained, I am sure the societies would hail such conduct on the part of our rulers as more grateful to them even than the passing of 6 Changes in the Law made during the last Session of Parliament. the reform act; and that they would then Oct. 18, 1833. CHANGES MADE IN THE LAW IN No. XIII. sider, further duties are allotted to the Puisne Judges in Bankruptcy. The act recites the second section of the last Insolvent Act, 7 G. 4. c. 57, whereby that Court is constituted; and also the first section of the Bankruptcy Court Act, 1 & 2 W. 4. c. 56; and that Judges have been appointed under the latter of these acts; and "that consistently with the vacation necessarily allowed to the Commissioners of the first mentioned Court, and with the time occupied by them while they are on their several circuits, intervals occur in the sittings, during which prisoners who would THE ACT FOR AMENDING THE BANKRUPTCY otherwise be entitled to their discharge, COURT ACT. here some reason C. 47. 3 & 4 W. 4. THIS act is a verification of the objections which we made to the Bankruptcy Court Act; and were we disposed to pride ourselves on our prophetic powers, we have for self-gratulation. From the first period at which the project of that bill was broached, we asserted that one of its chief faults was raising up a new Court, and giving them much too little to do; and more recently, in reconsidering the subject, we insisted that it was clear, that if the Vice Chancellor could dispatch the petitions in bankruptcy, together with all his other heavy business, it was unnecessary to appoint four Judges, whose only duty should be to hear those petitions; and we then hoped that the matter would receive attention in the proper quarter, and that two instead of four Judges would be appointed. It soon became notorious that the Court of Review was very little employed, and that our objections, which were also strenuously insisted on by the persons best acquainted with the subject, Mr. Basil Montagu and others, were substantial ones: and we certainly think it to the credit of the Lord Chancellor that he has given way to them, and endeavoured to make his own creation as perfect as possible. The vacancy caused in the Court of Review by the death of Mr. Justice Pell, was not filled up; and by two acts passed in the present session, the learned lord has endeavoured to find some further employment for the remaining three learned judges. By the act for remodelling the Privy Council, 3 & 4 W. 4. c. 41, stated in our sixth volume, p. 337, the Chief Judge in Bankruptcy is appointed a member of "The Judicial Committee of the Privy Council;" and by the present act, which we shall now con a See 3 L. O. 366, April 7, 1832. cannot obtain the same;" and "that there are not a sufficient number of such Commissioners to enable them to extend their circuits into Wales;" and that "the business of the said Court of Bankruptcy will allow time for the Judges of that Court, other than the Chief, some one or more of them to discharge part of the duties vested in the Commissioners of the said first mentioned Court." It is therefore enacted, that the King may direct the Judges, other than the Chief, of the Court of Bankruptcy, to act as a Commissioner, or as Commissioners, at such times and for such purposes as may be specified in any such commission. By section 2, the said Judges are to have the same powers and privileges as the Commissioners of the Insolvent Debtors' Court, whether in London or on circuit. By sect. 3, the circuits of the Insolvent Debtors Commissioners are hereafter to be extended into Wales; and the Insolvent Court is empowered to order prisoners in any gaol in Wales to be brought either before one of the Commissioners or a Puisne Judge of the Court of Bankruptcy, acting by virtue of this act. By sect. 4, the Clerks of the Peace of the principality of Wales are to bring to the place of hearing petitions, the duplicate of petition, schedule, and other necessary books and papers, and shall be entitled to the fees and allowances allowed to Clerks of the Peace in England. By sect. 5, the Lords of the Treasury are authorized to direct the payment of the travelling expenses of the Judges and their officers. By sect 6, the Court of Review may direct the Registrars and Deputy Registrars of the Court of Bankruptcy to attend the duties under this act. Bankruptcy Judges in the discharge of their By sect. 7, power is also given to the King, by royal warrant, to authorize any Municipal Corporations Commission.-Abstracts of Recent Statutes. one or more of the Judges of the Court of Bankruptcy to exercise the same jurisdiction and powers as by the 1 & 2 W. 4. c. 56, are given to any three of the Judges; and also to direct at what times the Court of Review, and the Judges and Commissioners of the Court of Bankruptcy, shall respectively hold their sittings. 6 7 purposes, over the whole community within their municipium or free town. The enquiry to be instituted under the above commission appears, however, to embrace other objects than city and town corporations, as will be seen by referring to the operative words of the recital contained in J. G.'s query, by which the commissioners are also directed to enquire into the several local jurisdictions exBy sect. 8. the Court of Review is au-isting within the limits of all corporate towns thorized to order that costs may be taxed by one of the Registrars or Deputy Registrars of the Court of Bankruptcy, instead of one of the Masters in Chancery. By this last section, it will be observed that sec. 5 of the 1 & 2 W. 4, c. 56. is altered. By this act it will be seen, that new, and perhaps not very pleasant duties, are imposed on the Puisne Judges of the Court of Review. Probably their assent to the additional labour was obtained before the passing of the act: if it had not been, it might remain to be seen how far the omnipotence of Parliament could force a Judge to perform the duties of another Court; and whether, if he pleased to decline to act, he could be compelled to do so. It may be observed, that the present Master of the Rolls is expressly exempted from the new duties given by the Chancery Regulation Act to his office, except with his assent, although they merely increase his labours in his own Court. in England and Wales,' &c. Courts at least this is what I understand to This power of course extends to all Local be the legal meaning of local jurisdictions.' I should observe, that I have not at present seen any copy of the commission Relying therefore upon J. G.'s recital, I consider that the powers of the Commissioners (provided the commission be legal for all or any of its purposes), extends only to such municipal corporations as the word imports, viz., cities or towns; and also to all Courts possessing local jurisdiction or the administration of justice, within the limits of such corporate cities or towns. As to the great legal question touching the been disputed in former times, I refer J. G. validity of these Commissions, and which has to 1 Vol. Blac. Com. c. 18, title Corpora MUNICIPAL CORPORATIONS COM- THE primary object of this commission, appears to be an enquiry into such Corporations, as are comprehended under the term Municipal,' i. e. cities and towns having corporate powers or jurisdictions. The definition of the word 'Municipal,' warrants this construction. It is synonymous with municipalis, from municipium, a city or town corporate.b Towns corporate, are a species of lay corporations, of which there are others of a minor description, such as incorporated trading companies, and others for special purposes; but the latter are in the nature of private societies, having no jurisdiction beyond the management of their own affairs; whereas, cities and towns corporate (¿. e. municipal corporations) are public bodies, having jurisdiction for various a Vide 6 L. O. 456. b Blackstone, in explaining Municipal Law, says, that strictly the expression denotes the particular customs of one single municipium, or free town.' TREATMENT OF INSANE PERSONS. THIS act is intituled "An Act to amend an 1. That whensoever the justices in session shall, under the provisions of the said recited act, appoint a time and place for the visitors to meet for the purpose of executing the duties imposed on them by the said act, every such appointment shall be made as privately as may be, and in such manner that no proprietor or resident superintendent of any house to be visited shall at any time have notice of the day or time appointed for the visitation of such house. 2. The clerk of the Metropolitan Commissioners in Lunacy shall preserve every notice and copy of order and medical certificate transmitted to him when any patient is received into any house licensed under the said act, and also every notice of death, removal, or discharge of any patient or patients transmitted to him under the said recited act or this act, and that every clerk of the peace shall also preserve every duplicate copy of order and medical certificate and notice transmitted to him in every such case as aforesaid; and that each of them the said clerk of the said commissioners and clerk of the peace shall, at all times within five clear days next after he shall receive every such notice or copy of order and medical certificate as aforesaid, enter in a register to be provided for that purpose the Christian and surname of the insane person to whom such notice or copy shall relate, and also of the persons by whose order and upon whose medical certificate or certificates such insane person shall be confined, and the house in which such insane person shall be confined, according to the form directed by the said act: Penalty for neglect, five pounds each offence. case such house shall have been licensed by the justices in sessions, to the clerk of the peace, then and in every such case such proprietor or resident superintendent shall forthwith transmit every such notice and copy of statement so omitted to be sent or transmitted to the clerk of the metropolitan commissioners or clerk of the peace, or to the clerk of the metropolitan commissioners and clerk of the peace, as the case may require. 6. Every metropolitan commissioner appointed or to be appointed under the said recited act, being a practising barrister, shall be allowed and paid for the time he shall be employed in executing the duties of his office after the same rate, and in the same manner, and out of the same fund or funds, as by the 3. Whenever any patient confined in any said act is provided concerning the payment house licensed under the said recited act shall or allowance of commissioners being physibe removed or discharged therefrom, or shall cians: Provided, that not more than two of die therein, the proprietor or resident super- the said commissioners at any one time shall intendent of such house shall, within two clear be capable of receiving such payment or aldays next after such removal, discharge, or lowance; and if more than two of such comdeath, transmit a written notice thereof, and missioners shall be practising barristers, such (in case the patient so dying shall be a parish payment or allowance shall be made to such pauper patient, then) also a copy of the state-two of such barristers as the Lord Chancellor ment of the cause of his or her death, in the said act directed to be made, certified and according to the forms respectively prescribed by the said act, or as near thereto as may be, to the said clerk of the said commisioners, if the house wherein the patient shall then have died, or from which he shall have been removed or discharged, shall have been licensed by the said cominissioners, but if such house shall have been licensed by the justices in sessions, then such proprietor or resident superintendent shall transmit one such notice to the clerk of the commissioners, and one other such notice to the clerk of the peace. or other person intrusted with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, shall direct. 7. Every proprietor and resident superintendent of any house licensed under the said recited act who shall knowingly and wilfully neglect to transmit any notice, copy of order, medical certificate, or statement by this act required to be by him transmitted, shall be deemed guilty of a misdemeanor; and all complaints, informations, and prosecutions of and for offences against this act shall be made and prosecuted, and all fines, penalties, or forfeit4. All copies of orders and medical certi-ures shall be recovered, levied, and applied, ficates, and notices of admissions, and also of removals and deaths, which have been transmitted to the clerk of the metropolitan commissioners or to any clerk of the peace since the 11th August 1832, under the said recited act, and which have not been registered by the said clerk of the metropolitan commissioners or the said clerk of the peace, as the case may be, shall be registered forthwith by the said clerk of the metropolitan commissioners or clerk of the peace, as the case may require, in the same manner as in this act is provided for the registry of orders, medical certificates, and notices of admissions, removals, and deaths, hereafter to be transmitted to the said clerk of the metropolitan commissioners and clerk of the peace respectively. 5. Where any insane person shall, since the 11th Aug. 1832, have died in or been removed from any house licensed under the said act, and the proprietor or resident superintendent thereof shall not have transmitted notice of such death or removal, with a copy of the statement of the causes of death in every case where the insane person so dying shall have been a parish pauper patient, to the clerk of the metropolitan commissioners, and also, in by such persons and in such and the same manner respectively as in the said recited act is provided respectively concerning the offences against the said act, and the fines, penalties, and forfeitures thereby imposed; and every provision whatsoever in the said recited act contained concerning actions and suits commenced and brought against any person for any thing done in pursuance of the said act shall be applicable and applied to all actions and suits which shall be commenced or brought against any person for any thing done in pursuance of this act, as if the same provisions were here repeated and applied to the said last-mentioned actions and suits. 8. The provisions in the said recited act contained concerning the meaning and construction of words and phrases in the said recited act shall extend and be applied to the like words and phrases in this act. Notices of New Books.-Superior Courts: House of Lords. NOTICES OF NEW BOOKS. 9 qualifications of every general rule. On the contrary, the author has, he would hope, succeeded in compiling such a statement of the practice, upon which he professes to treat, as may be readily comprehended, and remembered without difficulty, even by uninitiated An Elementary and Practical Treatise on the Commencement of Personal Actions, and the Proceedings therein to Declaration, in the Superior Courts at Westminster, comprising the Changes effected by the Uni-professional students. To such, it is considered that this work will be found peculiarly adaptformity of Process Act (2 W. 4, c. 39), ed, being written upon the assumption of the and Recent Rules of Court. With an Ap-reader's previous ignorance, for the most part, pendix of the Statute, the Rules referred even of the terms from time to time employed. to, and appropriate Practical Forms. By The practitioner, to whom much of the elemenWilliam Atherton, Esq., of the Inner tary portion of the work may appear superfluTemple, Special Pleader. London: Saun-ous, will, at the same time, find a simple arders and Benning. 1833. rangement of the practice, which he must now adopt, unencumbered with details of the former This is a useful book, on the Commence- practice, excepting so far as the present dement of Personal Actions, and the pro- of the recent Rules of Court which apply pends upon it. The Appendix of Forms, and ceedings up to and including the Declar- to the commencement of actions, may, peration. It also comprises the means of sav-haps, enhance the work, in a practical point ing the Statute of Limitations, and the proceedings to Outlawry. The following practical matters are also added: particulars of the plaintiff's demand, settlement of actions, end the practice by summons and order. of view. "The questions, to which so general a measure as the Uniformity of Process Act must have been expected to give rise, and several of which are still undecided, the author has stated, and considered at large: and, although, in some cases, a certain conclusion can hardly as yet be arrived at, it has not been deemed either impracticable, or useless, to define where the diffi We do not exactly understand why the author has limited his labours to these subjects, unless it be (which we do not find stated in the present book) that he intends in a se-culties lie; and thus to apprize the practitioner, cond volume to complete the work. The more useful as a guide the treatise may be, up to the delivery of the declaration, the more will the practitioner regret that at that stage of his journey he loses the author's assistance. We shall leave Mr. Atherton to explain his own views, by the following extract from the preface: 66 in what cases he may act without hesitation, and where his course is problematical. Very the language of those parts of the statute, of particular attention has been bestowed upon which the meaning has been considered doubtful: and the writer is not aware that, in this respect, his labours have been anticipated by any author earlier in the field.” The addenda to the book comprises the alterations recently made by the Rules of A knowledge of the Practice of the Courts Court, of last Trinity Term, the Law Amendhas been thought to be almost, if not altoge- ment Act, 3 & 4 W. 4. c. 42; the Limither, unattainable from books: and this opi- tation of Real Actions Act, 3 & 4 W 4. c. nion, until a recent period, was at least plausi-27; and the Uniformity of Process Amendble. The practice differed widely in the various ment Act, 3 & 4 W. 4. c. 67. Courts in many respects it was founded upon obsolete technical customs; in others it was quite arbitrary. There was difficulty, also, in bringing questions of doubt to any satisfactory test; since the practice, where not declared by Rules of Court, or ascertained by unquestionable usage, lay entirely in the discretion of the Judges, aided, perhaps, by the traditions of their officers. The diversity here alluded to has recently been, in great measure, put an end to: completely so, in fact, as far as relates to the commencement of actions; the practice affecting which is considered in the following pages. The alterations, by which this uniformity has been effected, are simple in their principle, and are immediately derived from an act of the legislature, and from rules sanctioned by the Judges of the respective Courts. "In a treatise such as the following, it is now, in consequence, no longer necessary to burden or confuse the memory of the reader, by perpetual digression, or numerous nice The work appears to be carefully executed, and the authorities and practical forms diligently collected. SUPERIOR COURTS. House of Lords. RIGHTS AND LIABILITIES OF PARTIES.- A foreign sovereign having a right to sue A plaintiff having obtained an order to amend after answer is put in to his original bill, and after a cross bill is filed against him, |