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New Bills in Parliament― Appeal in Criminal Cases.

pro.

them. They are frequently attended by The following is the substance of the members of the Society on the considera-posed enactments :1. Any defendant found guilty by any jury tion of proposed alterations, and are espemay move any one of the courts of Westminster cially attentive to the communications of for a rule nisi for a new trial; or to enter the the country Law Societies. verdict for defendant; or to arrest the judg ment.

Those who venture to assert that the Incorporated Society disregards all interests except those of the London profession, should be prepared to state some instance in support of the accusation. We are sure they cannot do so.

As an example of the fallacy of the complaint, we may take the grievance of the annual certificate duty. Our readers need not be reminded that the London attorney pays one-third more than the Country. It will not be said that the average profits in London exceed by one-third those of the country; whilst, for the most part, the expenses are much heavier here than there. It is palpable that the metropolitan members of the profession are therefore equally interested with the provincial in removing this unjust impost, and yet they are accused of supineness in the necessary measures for its repeal.

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2. Questions of law not to be reserved by judge for consideration of all the judges; but questions of law (as well as questions of fact to be decided by Court of Appeal.

3. That if any defendant, on being found

guilty as aforesaid, shall, by himself or hir counsel or attorney, before sentence is pronounced, declare his intention to appeal, the court before which such defendant shall have been tried, shall pronounce a sentence to be carried into execution at the expiration of four days after the omission to bring such a appeal within the time allowed, as hereina mentioned, or the determination of such appeal: and such court shall order the defendant to be detained in custody until the time arrives fr carrying into execution such sentence; an such court may, at its discretion, and upon the application of such defendant, assign to defendant such attorney and counsel, not e ceeding one of each, as such defendant sta desire for the purpose of conducting signed shall have free access to such defendar appeal; and such attorney and counsel so a at all reasonable hours.

verdict; and in all other cases such m must be made within the first four days of next term after such verdict.

One of the new law journals takes great credit to itself for arousing by its suggestion the London profession from its 4. That whenever any defendant shall apathy, and lauds the superior energy which found guilty as aforesaid within four days it has excited in the country. We have before the commencement of any term, or 1 no wish to underrate or discourage the any term exclusive of the last eight dam exertions of any one who is willing to as- thereof, any such motion for the rule nisi sist in this important object. The be made within the next eight days after fession needs all the friendly help it can obtain. It too rarely happens that the members of the bar are disposed to aid 5. That whenever a rule nisi shall be gran their junior brethren, and therefore we hail upon such motion, the defendant shall the services of any new labourer in the an office copy thereof to be served upon! field. We have fought the good fight on prosecutor or his attorney; provided th this and divers other grievances for eighteen the prosecutor be dead or cannot be f years, and are quite willing that the ulti- then upon affidavit of such fact, the C mate victory should be shared by all who Appeal by which the said rule nisi has granted may order such office copy to be even at a late hour heartily join in the conupon her Majesty's Attorney-General; and flict. We will not say that we are abler, case the said prosecutor, or her Majesty's though we have the " painful pre-eminence" Attorney-General shall not appear before of being older soldiers than some of those said Court of Appeal to oppose such rule, who seem disposed to put the laurels on said Court of Appeal shall not, in conseq their brow before they are won. We think thereof, make such rule absolute; but, wat nothing is to be gained and much may be affidavit of due service of an office copy of lost by disturbing the friendly feeling be-rule, as before-mentioned, shall proceed to tween the town and country allies. Union is 6. Court may allow prosecutor costs of r essential to afford even the chance of suc- posing rule. Order for payment to be m

cess.

NEW BILLS IN PARLIAMENT.

APPEAL IN CRIMINAL CASES.

THIS is a bill to establish the power of appeal in criminal cases, brought in by Mr. Ewart, Mr. Aglionby, and Lord Nugent.

and determine the case exparte.

out by Master of Court, and paid by Cou

Treasurer.

7. How expenses shall be paid in places # contributing to the county rate.

8. One of the Masters to draw up rules and clerks of assize, &c. court, and transmit office copies to the guit

9. Duties of gaolers on receiving such offe copies.

New Bills in Parliament.-Joint-Stock Companies.

429

10. Duties of clerks of assize, &c., on receiv-persons being, or claiming to be, contributories,) ing such office copies. and in what cases (i. e. act of bankruptcy; declaration of insolvency; judgment against the company; decree or order against the company; action against a member for the company's debt; creditor's affidavit and suit of summons; dissolution or ceasing to carry on business; other sufficient ground for dissolution).

11. That whenever the said Court of Appeal shall order a new trial to be had, such Court of Appeal, in and by the rule for granting the same, shall order when and where the same shall take place; and the court, before which any such new trial shall be had, shall have the like jurisdiction to proceed to judgment, and to pass sentence, and to order costs, and to do all other things whatsoever, as the court before which the former trial was had.

12. Justices and coroners to bind prosecutors and witnesses to appear and prosecute or give evidence, if necessary, at subsequent trial.

5. No petition after fiat but under direction of Court of Bankruptcy.

6. After petition no fiat to issue, or if issued, to be prosecuted, but by direction of the Court of Chancery.

7. Heading of petition and subsequent pro13. When court, before which first trial had, ceedings (in the matter of the Joint-Stock Commust bind prosecutors and witnesses by recog-panies' Winding-up Act, 1848, and of the comnizances to appear and prosecute or give evi-pany). dence, if necessary, at subsequent trial.

14. Defendant entitled to copy of indictment. 15. This act not to apply to treasons, except treasons and misprisions of treason within 39 & 40 Geo. 3.

16. This act not to affect writs of error or bills of exceptions.

17. Interpretation clause.

8. Proceedings not to be impeached by reason of the petitioner not having been duly qualified.

9. Petition to be advertised in the London Gazette, and served.

10. Court may order petition to stand over, or further service.

11. Court may make order nisi, or reference

18. This act not to extend to Scotland or to Master. Ireland.

19. Commencement of this act. 20. Act may be altered.

JOINT STOCK COMPANIES' BILL.

By this bill, brought in by Mr. Milner Gibson, it is proposed to amend the acts for facilitating the winding up the affairs of JointStock Companies unable to meet their pecuniary engagements, and also to facilitate the dissolution and winding-up of Joint-Stock Companies.

The following is the scope of the bill :The Preamble refers to 7 & 8 Vict. c. 111, and 8 & 9 Vict. c. 98, for facilitating the Windingup of the Affairs of Joint-Stock Companies unable to meet their Pecuniary Engagements in England and Ireland respectively; to 9 & 10 Vict. c. 28, to facilitate the Dissolution of certain Railway Companies.

Preliminaries :

12. Court may apply the provisions of the constitution of the company.

The Order Absolute, and Proceedings thereon: 13. Court may make order absolute.

14. Every order until order absolute to be advertised.

solved (from date of order absolute, or date to 15. From what period companies to be disbe thereby fixed).

16. Petitioner to carry in order absolute before Master within ten days.

17. On dissolution of suit, court may order winding up under this act.

18. Proceedings in bankruptcy to be conclusive.

19. After order absolute, assets not to be disposed of.

20. Master may appoint interim receiver. The Appointment of official Trustee, his Estate, Powers, Duties, &c.

21. Notice of appointment of official trustee by the Master.

22. Master to appoint official trustee. 23. In appointing official trustee, Master may either adopt or reject proposals.

Sect. 1. To what Companies Act is to apply; (i. e. Companies within two first-mentioned acts, or which would have been within, if not dissolved when they were passed; railway companies, his sureties.

24. Recognizances of official trustee, and of

26. Master may take security of Guarantee Society.

under 9 & 10 Vict. c. 28, become bankrupt be- 25. Master may order official trustee and fore the day of and future his sureties to pay on their recognizances. companies with transferable shares.) 2. Interpretation; (company, member, constitution of a company, contributory, call, creditor, person, month, the court, Master, fiat, and Court of Bankruptcy, order absolute; singular and plural, &c.)

3. Short title of act (Joint-Stock Companies' Winding-up Act, 1848.)

27. Appointments and removals to be valid without confirmation.

28. Trustee to have custody of books, &c.

29. On appointment, all estate, effects, and credits of the company, and all powers, &c., to vest in official trustee; registration of orders absolute and appointments of official trustee.

The Petition and Proceedings thereon: 30. When order made on petition by direc4. Who may petition under this act (i. e. tion of the Court of Bankruptcy, all estate,

New Bills in Parliament.-Joint-Stock Companies.

powers, &c., of assignees to vest in official ceeded with by official trustee but by leave of the Master.

New Bills in Parliament.-Joint-Stock Companies.-Law of Attorneys.

peremptory order to be made for payment of calls (within not less than three weeks from date of order).

85. Peremptory order to be advertised and served.

86. Official trustee may, with approbation of Master, enforce payment, give time, &c. (compound, take security, abandon or sell bad debts). 87. Master may direct action or suit where assets of a deceased contributory are not admitted.

88. Official trustee, by direction of Master, to circulate accounts and balance sheet, &c.

Powers of Master:

89. Power to Master to direct issues, special cases and actions.

90. Master to adjudicate on matters of internal contest.

91. Orders, &c. of Master to be valid without confirmation.

92. Orders, &c. to be filed.

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115. Where the company shall be wound up in England, and where in Íreland (i. e, according to situation of registered place of business, or head or only office: but when company transacts business in both countries, presentation of petition to decide the jurisdiction).

116. Court to have jurisdiction upon petition as upon a suit duly instituted; general practice of courts to be followed where not varied under this act.

117. Court may stay proceedings on any report or order.

118. Matters not prescribed for to be reported to the court.

Miscellaneous:

119. Lord Chancellor, with the advice and consent of Master of Rolls and Vice-Chancellor, to make general rules and orders.

120. Provision as to general orders to apply to Ireland.

121. Petition for dissolution, &c. to be a lis

93. Orders of the Master to have the effect pendens under 2 Vict. c. 113.

of orders of court.

94. Master to have all usual powers.

95. In case of illness or absence of any Master, the Master acting for him to have all usual powers.

96. Master acting during vacations to have all usual powers.

Appeals and Special Reports:

97. Appeals to the court.

98. Master to make special report as to matters arising in winding-up.

99. Rehearing before the Lord Chancellor. 100. Appeal to the House of Lords.

Costs and Fees:

122. Forms in schedule may be used.
123. Act may be altered, &c.

101. Costs of paying debts, &c., to be at the before Master. discretion of Master.

102. Costs of proceedings before the court. 103. How costs to be ascertained.

104. How recoverable.

105. Court may fix table of fees.

Services, Evidence and Penalties:

8. Master's warrant.

9. Order for production and deposit of books, &c.

10. Master's directions to official trustee to bring action against different debtors to com

106. Notices may be served by being sent by butories. post.

107. As to advertisements in Ireland.

108. Advertisements in London and Dublin Gazette to be evidence.

109. Courts to take judicial notice of signature of master or registrar and of office seals. 110. Forging any such signature or seal to be felony (under 8 & 9 Vict. c. 113).

111. Punishment of persons giving false evidence, &c.

112. Any contributory of a company dis

12. Advertisement for creditors.

13. Advertisement that the Master is settling list of contributories.

14. Advertisement of intended call.
15. General order in making call.
16. Order for issues.

LAW OF ATTORNEYS.

[There are a few points recently reported,

solved, &c. under this act, with knowledge of the substance of which it may be well to lay or in contemplation of dissolution, &c., destroy-before our readers, without waiting for the ing books, &c., guilty of a misdemeanor.

Questions of Jurisdiction and Practice : 113. Enforcement in Ireland of orders of the Court of Chancery in England, and vice versá.

114. Decrees, &c. under this act may be registered in Scotland, and execution may be had as upon a decree interponed to a bond, &c.

regular Digest.]

LIEN.

The lien of an attorney attaches upon money received by way of compromise, though the verdict and judgment be against his client."

• Davies v. Lowndes, 3 C. B. 823.

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Review: Hall's Inaugural Lectures on the Common Law.

An Inaugural Lecture on the Common Law, delivered in the Hall of the Inner Temple, by ROBERT HALL, ESQ., Lecturer at Common Law, appointed by the Society of the Inner Temple. 1848.

each of the Inns of Court; this will probably end in lectures for all the Inns; courses on common law, equity, conveyancing, preceded by a course on general law and the civil law. There are other subjects of great importance, as special pleadings; shipping, (an extensive though national and neglected subject,) insurance, &c. &c.

:

These lectures at the Inns of Court are a new thing there must not only be good lecturers (whose labour is not light) but a full class of attentive pupils, and perhaps to ensure in these times extensive attendance, good pupils should be rewarded by shortening the time required before they can be called to the bar: the late eminent judge Story had a very numerous law class at Harvard University, but lectures had long been then delivered in the United States.

Lectures, as additions to education for a pupil, may be valuable; but the pupil must be qualified to be a special pleader, equity draftsman and conveyancer, by labours at the desk,-special pleading is the founda tion of all: that profound lawyer and judge, the late Lord Eldon, regretted he did not know more of special pleading.

The learned lecturer, Mr. Hall, first says what he means by common law; but, as a good historical foundation is essential to a lawyer, he proceeds with great ability to the THE readings of former days in the Inns history of the laws used in England, first of Court were generally on statutes, and by the ancient Britons, referring to the sometimes on other branches of law. There Welsh laws as showing the old British laws, exist several valuable readings in print, and and from thence he proceeds to the Romans, many in MS. The readers were men of (p. 9,) though he does not think that the experience and rank in the profession. Roman law can be discovered in early Law lectures on an extended scale were Britain: perhaps we are hardly able at this rendered popular by the admirable Com- time to judge of that, but the traces of early mentaries of Sir William Blackstone. The Roman law may yet be discovered; many old lawyers were well pleased to speak of of the towns are Roman, and some very pothem as they issued from the press, in pulous; he thinks part of the Roman law terms of great and deserved praise. The would be engrafted here by the clergy, (p.11,) Commentaries have been always a text book which is very likely for much of the learnwhereon the English or American laws are ing of that age rested with them, and Lord administered, and they are translated into Campbell dwells with great delight on the many European languages. The book was actions of St. Swithen as chancellor: see also a hobby to Sir William Blackstone, and Dr. Giles' early history of Britain. when a judge, and a case arose in court, he The Britons, Anglo-Saxons, and Danes, referred to his books at his side, and to were, he says, of kindred tribes, and our any passage connected with it, to see if it common law strikes deep its roots into the could be improved. history and usages of the Anglo-Saxons, but the praise of every thing that was Saxon, and vituperating everything Norman, he thinks is nothing but a traditionary repetition of the ancient but groundless appeal from political animosity to popular credulity.

In England we have also Woodison's
Lectures; and in the United States, Chan-
cellor Kent's excellent Commentaries.
Law Lectures are now to be delivered in

b Davies v. Lowndes, 3 C. B. 808.

e Hambridge v. De la Crouée, 3 C. B. 742. Kent v. Great Western Railway Company, 3 C. B. 724.

The lecturer says,

"It would be tedious were I to enumerate