AUG. 4, 1855.] State of Law Bills in Parliament. 255 world. But then, it is argued, all these are public, and the practitioners in Chancery, poor countries; that is, in France, for ex- are interested, is the "Despatch of Busiample, there is a very numerous class of ness in Chancery," which has been postsmall proprietors, who have not separately poned from week to week for some time enough for large enterprises, while the en- past. A clause which was introduced late terprises themselves are flagging for want of in the progress of the Bill in the House of means. But, if England is a rich country, Lords, prohibits the Commissioners from it is also a poor country, for there are poor taking affidavits in Chancery at any place as well as rich in it. Everybody who has but their own offices, except in case of to do with the poor must be painfully aware sickness. We have often objected to this of two continual demands to be found every-restriction, but shall once more state it, as where, on the one hand, persons wanting the time draws near for its final consideraa little money to carry on some small busi- tion. aged persons, and others, it is an obvious convenience to be spared the necessity of leaving their homes, although not suffering from sickness, when they may have occasion to take an oath or make a declaration. ness or to seize some opportunity of extend- To members of the Legislature and of ing it; and, on the other hand, persons the Government, official persons, bankers, having a little money, and wanting to put merchants, and men of business, ladies, it out to the best advantage. Now, what do these people do with their money at present? They put it in a savings-bank, which gives them 23 per cent., that is 21. 15s., per annum for every hundred pounds. They invest it in a shop or a publichouse, and are ruined. They put it into a building society, with the same result. They join a freehold land society, and get saddled with a bit of land they don't know what to do with, two miles or ten miles off. If the sum of money is a little larger, they buy shares in a railway, or a mine, being totally ignorant of both, and pay the penalty of ignorance by considerable losses. Affidavits as to important matters are sometimes required from persons who are under no legal obligation to make them, and who are disinclined to go out of their way for the purpose. In such cases, the power which now exists, but which this clause will take away, of bringing a Commissioner to take the deposition, may often be the means of securing important testimony which would otherwise be lost. As a general rule, Commissioners are not to be found at their places of business after six o'clock in the evening. If this clause should pass, Commissioners cannot take affidavits even at their own residences, although within the limits of their jurisdiction, after that hour, however urgent the occasion, or to whatever extent the convenience of deponents-in other words, the advantage of the public-may be promoted thereby. "The question before us is how to deal with these two kinds of demand-the demand for a little capital, and the demand for small investments. We maintain that the most obvious, natural, and, on the whole, the safest way, is to encourage people with small sums to advance them to small tradesmen on the chance of 10 per cent., and no danger of losing more than the 1007. Small people know one another. They know whom they may trust. They Cases may readily be conceived, indeed know an honest man, a clever man, and a they are of not infrequent occurrence, in diligent man. They are safer in dealing which all the members of a firm of bankers, with their neighbours than in large, in- merchants, or men of business, perhaps scrutable, and remote speculations requiring three, four, or five in number, have to join millions of capital. We are aware that, as in one affidavit or answer. At present, one the Duke of Wellington told his soldiers Commissioner may attend them at their after the war, 'good interest is only an- own place of business, and administer the other name for bad security;' but we are oath to them all, at one and the same time. also aware that few people will be content If these clauses should pass, all the memwith 27. 158. from the savings-bank, or bers of the firm must leave their place of even 37. 6s. from the funds at their present business, at whatever inconvenience, and price. No good reason can be assigned resort to that of the Commissioner. why they should not be allowed to advance their money to a neighbour whom they know and whom they trust, on the condition of sharing his profits to the extent of the advance, and no further." And for what object is the proposed change? no evil or inconvenience in the existing system is alleged to justify it. And even if any should hereafter arise, it is in the power of the Lord Chancellor to Another Bill in which a large part of the remedy it by rule or order without the aid 256 New Statutes effecting Alterations in the Law. of a Statute; but the proposed enactment would altogether deprive the Lord Chancellor of such corrective and remedial power. [LEGAL OBSERVER, Common Law Pleadings, c. 26,—p. 176. Infants' Marriage Settlements, c. 33,-p. 198. Palatine of Lancaster Trials, c. 45,-p. 241. Bills of Exchange and Promissory Notes, c. 67, p. 256. Cinque Ports, c. 48, p. 258. BILLS OF EXCHANGE NOTES. AND PROMISSORY 18 & 19 VICT. c. 67. An oath or affirmation can derive no greater sanctity, and can impose no weightier obligation on the conscience of the person taking it, from its being administered in one place of business or residence, rather than another. And if a Commissioner is a From October 24, 1855, all actions upon fit person to administer an oath in Fleet Street or Cheapside, he cannot be less fit to bills of Exchange, &c., may be by writ of do so in Cornhill or Lombard Street. In summons according to the form in Schedule all cases, at present, he must state in the A. Plaintiff, on filing affidavit of personal jurat the place where he actually exercises service, may at once sign final judgment as in the form in Schedule B.; s. 1. his power, so that it may at once appear whether he is or is not acting within the limits of his jurisdiction. To the solicitors themselves, who are Commissioners, the proposed enactment is entirely indifferent. If affidavits or declarations are necessary to be made, and they are not allowed to go to deponents, it follows that deponents must come to them. But it is the public who are really concerned in the matter, and it is their interest and convenience, and not that of the Solicitors, which will suffer by the change.3 There are two other Bills of public importance, namely, the Metropolitan Local Management and the Metropolitan Building Bills, which have passed the House of Commons; and as in the remaining ten days of the Session the House of Lords will have time to consider them, it may be presumed that these measures will receive their lordships' sanction in time for the Royal Assent. NEW STATUTES EFFECTING AL- THE Acts relating to the Law of the present Session, printed in the Legal Observer, with an Analysis to each, will be found at the following pages: Defendant showing a defence to a Judge upon the merits to have leave to appear; s. 2. Judge may, under special circumstances, set aside judgment; s. 3. Judge may order Bill to be deposited with officer of Court in certain cases; s. 4. Remedy for the recovery of expenses of noting for nonacceptance or nonpayment of dishonoured bill; s. 5. Holder of bill of exchange may issue one writ of summons against all or any of the parties to the bill; s. 6. Common Law Procedure Acts and rules incorporated with this Act; s. 7. Act to apply to Courts of Common Pleas, Lancaster and Durham; s. 8. Her Majesty may direct Act to apply to Courts of Record in England and Wales; s. 9. Act not to extend to Ireland or Scotland; An Act to facilitate the Remedies on Bills of Purchasers' Protection, 18 Vict. c. 15, p. 5. bills of exchange and promissory notes are p. 139. Income Tax, c. 20,—p. 197. Stannary Courts' Jurisdiction, c. 32, 214, 236. Administration of Oaths Abroad, 18 Vict. c. 42, p. 175. pp. & 19 Ecclesiastical Courts (Defamation Suits Abolition), c. 41,—p. 176. Extracted from a paper of the Incorporated Law Society. often unjustly delayed and put to unnecessary expense in recovering the amount thereof by reason of frivolous or fictitious defences to actions thereon, and it is expedient that greater facilities than now exist should be given for the recovery of money due on such bills and notes: Be it enacted, as follows: 1. From and after the 24th day of October, 1855, all actions upon bills of exchange or promissory notes commenced within six months after the same shall have become due and payable may be by writ of summons in the special form contained in Schedule A. to this Act annexed, and indorsed as therein mentioned; and it shall be lawful for the plaintiff, AUG. 4, 1855.] New Statutes effecting Alterations in the Law. on filing an affidavit of personal service of such writ within the jurisdiction of the Court, or an order for leave to proceed, as provided by the Common Law Procedure Act, 1852, and a copy of the writ of summons and the indorsements thereon, in case the defendant shall not have obtained leave to appear and have appeared to such writ according to the exigency thereof, at once to sign final judgment in the form contained in Schedule B. to this Act annexed (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any), to the date of the judgment, and a sum for costs to be fixed by the Masters of the Superior Courts or any three of them, subject to the approval of the Judges thereof or any eight of them (of whom the Lord Chief Justices and the Lord Chief Baron shall be three), unless the plaintiff claim more than such fixed sum, in which case the costs shall be taxed in the ordinary way, and the plaintiff may upon such judgment issue execution forthwith. 2. A Judge of any of the said Courts shall, upon application within the period of twelve days from such service, give leave to appear to such writ, and to defend the action, on the defendant paying into Court the sum indorsed on the writ, or upon affidavits satisfactory to the Judge, which disclose a legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Judge may deem sufficient to support the application, and on such terms as to security or otherwise as to the Judge may seem fit. 3. After judgment, the Court or a Judge! may, under special circumstances, set aside the judgment, and, if necessary, stay or set aside execution, and may give leave to appear to the writ, and to defend the action, if it shall appear to be reasonable to the Court or Judge so to do, and on such terms as to the Court or Judge may seem just. 257 may be, as if separate writs of summons had been issued. 7. The provisions of the Common Law Procedure Act, 1852, and the Common Law Procedure Act, 1854, and all rules made under or by virtue of either of the said Acts, shall, so far as the same are or may be made applicable, extend and apply to all proceedings to be had or taken under this Act. 8. The provisions of this Act shall apply, as near as may be, to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and the Judges of such Courts, being Judges of one of the Superior Courts of Common Law at Westminster, shall have power to frame all rules and process necessary thereto. 9. It shall be lawful for her Majesty from time to time, by an Order in Council, to direct that all or any part of the provisions of this Act shall apply to all or any Court or Courts of Record in England and Wales, and within one month after such order shall have been made and published in the London Gazette such provisions shall extend and apply in manner directed by such order, and any such order may be, in like manner, from time to time altered and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this Act shall and may be exercised with respect to matters in such Court or Courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such Court or Courts the provisions so applied. 10. Nothing in this Act shall extend to Ireland or Scotland. 11. In citing this Act in any instrument, document, or proceeding, it shall be sufficient to use the expression "The Summary Procedure on Bills of Exchange Act, 1855." SCHEDULES REFERRED TO IN THE FOREGOING ACT. (A.) 4. In any proceedings under this Act it To C. D., of order the bill or note sought to be proceeded upon to be forthwith deposited with an officer of the Court, and further to order that all 12 days after the service of this writ on you, proceedings shall be stayed until the plaintiff inclusive of the day of such service, you obtain shall have given security for the costs thereof. leave from one of the Judges of the Courts at 5. The holder of every dishonoured bill of Westminster to appear, and do within that exchange or promissory note shall have the time appear in our Court of same remedies for the recovery of the expenses an action at the suit of A. B., the said A. B., incurred in noting the same for nonacceptance may proceed to judgment and execution. Witness, &c. or nonpayment, or otherwise, by reason of such dishonour, as he has under this Act for the recovery of the amount of such bill or note. 6. The holder of any bill of exchange or promissory note may, if he think fit, issue one writ of summons, according to this Act, against all or any number of the parties to such bill or note, and such writ of summons shall be the commencement of an action or actions against the parties therein named respectively, and all subsequent proceedings against such respective parties shall be in like manner, so far as Memorandum to be subscribed on the Writ. in N.B. This writ is to be served within six calendar months from the date hereof, or if renewed, from the date of such renewal, including the day of such date, and not after wards. Indorsement to be made on the Writ before service thereof. This writ was issued by E. F., of attorney for the plaintiff. Or, this writ was 258 New Statutes effecting Alterations in the Law. Take notice, that if the defendant do not obtain leave from one of the Judges of the Courts within 12 days after having been served with this writ, inclusive of the day of such service, to appear thereto, and do within such time cause an appearance to be entered for him in the Court out of which this writ issues, the plaintiff will be at liberty at any time after the expiration of such 12 days to sign final judgment for any sum not exceeding the sum above claimed, and the sum of pounds for costs, and issue execution for the same. [LEGAL OBSERVER, executed in the Cinque Ports as in other places; s. 2. On petition of inhabitants of parishes within the Thanet division, her Majesty may order such parishes to be part of said county, and county justices to have jurisdiction; s. 3. Justices of Kent empowered to levy county rates in the parishes and places which may be severed from Dover; s. 4. 51 Geo. 3, c. 36; 5 & 6 Wm. 4, c. 135, and section 11, and part of section 10 of 6 & 7 Wm. 4, c. 105, repealed as to places severed from Dover; s. 5. Places severed from Dover to continue liable to existing debt; s. 6. Saving as to persons committed or held to bail in places separate from Dover; s. 7. Compensations; s. 8. Prisoners in gaol of Dover Castle to be removed to county gaol; s. 9. s. Saving rights of Lord Warden, &c.; 10. The following are the Title and Sections of the Act : An Act for the better Administration of Justice in the Cinque Ports. [16th July, 1855.] Leave to appear may be obtained on an application at the Judge's Chambers, Serjeant's Whereas it would conduce to the better adInn, London, supported by affidavit showing that there is a defence to the action on the ministration of justice in the Cinque Ports if merits, or that it is reasonable that the defend- the jurisdiction and authority of the Lord ant should be allowed to appear in the action. Warden of the Cinque Ports and constable of Dover Castle in relation to civil suits and proIndorsement to be made on the Writ after ser-ceedings were abolished: and it is expedient vice thereof. that the parishes or places of Saint John the 1. From and after the 30th day of September, 1855, all jurisdiction and authority of the Lord Warden of the Cinque Ports and constable of Dover Castle in or in relation to the administration of justice in actions, suits, or other civil proceedings at law or in equity, or the execution of judgments, writs, and process therein or connected therewith, shall cease and determine: Provided always, that the said Lord Warden and constable shall have and re tain jurisdiction, power, and authority to execute all writs of fieri facias directed to and received by him on or before the said 30th day of September, 1855, as fully, to all intents and purposes, as if this Act had not passed. 2. From and after the 30th day of September, 1855, her Majesty's writs in or in relation to all actions, suits, and civil proceedings shall be directed and obeyed, and the jurisdiction of her Majesty's Courts of Law and Equity, and of the Judges thereof, and the judgments and AUG. 4, 1855.] New Statutes effecting Alterations in the Law. 259 process thereof in relation to such actions, justices of the said county shall have the same suits, and proceedings, shall extend and be powers and remedies for making, levying, and exercised and executed in respect of, over, and recovering the said rates as they now or for within the Cinque Ports, the two ancient towns the time being may by law have for making, of Winchelsea and Rye, and their several levying, and recovering the county rates from members and liberties, in like manner and to parishes lying partly within the jurisdiction of the same extent to and for all intents and pur- the justices of the said county, subject to all poses as such writs, jurisdiction, judgments, rights and remedies of appeal and otherwise and process respectively are now directed, to which county rates are or may be liable. obeyed, exercised, and executed in respect of, over, and within other places in England; and the sheriff and other ministers of counties shall, in the execution of such judgments, writs, and process, and for all other purposes of civil justice, have such and the like powers and authorities within the Cinque Ports, the said two ancient towns, and their several members and liberties, as they respectively have in other parts of their counties. 5. From and after the day fixed in such order, or from and after the granting of a charter of incorporation to the said parishes or places or any one of them, or any part or parts thereof, the Act of 51 Geo. 3, c. 36, and section 135 of the Act of the session holden in the 5 & 6 Wm. 4, c. 76, and section 11 of the Act of the session holden in the 6 & 7 Wm. 4, c. 105, and so much of section 10 of the same Act as enacts that the noncorporate members 3. If the persons rated to the relief of the and liberties of the towns and ports of Hastpoor within the district or division called the ings, Sandwich, Dover, and Hythe, and Thanet division of Dover, which comprises the ancient town of Rye, shall and may be chargeparishes or places of Saint John the Baptist able and charged by the Courts of general or (called Margate), Saint Peter the Apostle, quarter sessions of the peace holden for the Birchington, Acol otherwise the Ville of Wood, same respectively with a due proportion of the or within the parishes of Beakesbourne and expenses of such towns and ports and ancient Grange otherwise Grench, or the persons so town respectively, and the noncorporate memrated within any one or more of such parishes bers and liberties thereof, to the payment of or places, shall petition her Majesty, stating which expenses rates in the nature of county that the justices of the county of Kent, at their rates are applicable, and that the same shall annual general session, or at any adjournment and may be assessed and levied in the manner thereof, have resolved that the parishes or in which rates of that description were assessed places aforesaid or any one or more of them and levied before the passing of the said Act may be permitted to belong to the county of of the 5 & 6 of Wm. 4, and that a due proporKent, on payment by the said parishes or tion of inhabitant householders to serve as places to the county of a sum of money to be grand jurors and jurors at the Courts of genamed in such resolution, in respect of the ex-neral or quarter sessions of the peace of the penditure made by the said justices in gaols, said towns and ports of Hastings, Sandwich, houses of correction, Courts of Justice, lunatic asylums, and other buildings, and praying that the parishes or places aforesaid or any one or more of them may be deemed to be part of the said county, it shall be lawful for her Majesty, if she shall think fit, by the advice of her Privy Council, to order that the said parishes or places or such one or more of them as shall so petition shall, from a date to be fixed in such order, be deemed to be part of the said county, and from and after that period the justices for the time being assigned to keep the peace in and for such county shall exercise the jurisdiction of justices of the peace in and for the parishes or places named in such order as fully as by law they and each of them can or ought to do in and for other places in such county. Dover, and Hythe, and of the said ancient town of Rye, shall be summoned by the clerks of the peace of the said towns and ports and ancient town from the noncorporate members and liberties thereof respectively, and that the attendance of such jurors shall be enforced and their defaults punished in the manner by the said last-mentioned Act directed with respect to jurors in boroughs, shall be repealed so far as the same concern or affect the parishes or places named in such order, or in case of a charter of incorporation the part thereof comprised in such charter, and from and after the day fixed in such order, or from and after the date of such charter of incorporation, no Court of Sessions to be holden for the town and port of Dover, nor any justices 4. It shall be lawful for the justices of the thereof, shall have any jurisdiction or authosaid county of Kent at their annual general rity over or in respect of the parishes or places session, or at any adjournment thereof to be comprised in the said order, or the district holden after such order, to levy and raise upon comprised in any such charter, as the case and from the rateable property of the inha- may be, and no such parish, place, or district bitants of the parishes or places comprised in shall be liable to any rate, cess, or impost to the said order the sum or sums of money which the same or the inhabitants thereof mentioned in such resolution, by such annual would but for this Act be liable as such memor other instalments as may in such resolution ber or liberty, save as hereinafter otherwise have been stipulated and agreed by fair and provided: provided always, that all persons equal rates in the nature of county rates to be who have exercised the office of mayor, alderpaid to the treasurer of the said county, and men, or guardians of the poor in the said applied in aid of the county rate, and the said Cinque Ports, or any of them, shall be eligible |