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The Legal Observer,

AND

SOLICITORS' JOURNAL.

SATURDAY, JULY 22, 1854.

THE REMAINING LAW BILLS BE- introduced for the purpose of enabling the FORE PARLIAMENT. Lord Chancellor to accelerate the winding

up and completion of all the suits and The Session is drawing to a close. It Masters, by the appointment of additional

matters in the offices of the remaining may therefore he useful to take a brief review of the Bills before Parliament relating them in concluding their labours,

temporary clerks and accountants to assist to the Law, which yet remain for consider- Bill also proposes an important addition to

The ation.

the staff of officers of the Court of ChanThere are two Bills relating to the Court of Chancery: the first authorising cery in regard to Receivers' accounts. One the Court to assess damages in injunction clerks are to be appointed to take the ac

or more Clerks of Accounts, and junior cases for breach of contract, or against a wrongful act, or for specific performance of counts of receivers, consignees, managers, an agreement in lieu of sending an issue to clerks to the Judges. These new officers

&c., with powers like those of the chief be tried before a jury, or leaving the party are to possess the same qualification as the to prosecute his remedy at Common Law.? This is one step towards an amalgamation

chief clerks, and to be subject to the same of the Jurisdiction of Courts of Law and regulations and restrictions. Equity,-affording a complete remedy intended to effect a very important alteration

It was rumoured that this Bill was inthe first Court, to which the suitor is

in the conduct of suits in the Court of entitled to resort. The Coinmon Law Courts have already acquired the power of Chancery, and that the duties of the chief enforcing a discovery of evidence, and in clerks of the Judges would be very materithe Second Common Law Procedure Bill it ally altered by withdrawing from them the is proposed to enable them to issue injunc- and other suits ; but it will be observed by

investigation of accounts in administration tions. It is but equal justice, therefore, the 12th section of the Bill, at p. 219, post, that Courts of Equity, where a suit pro- that the duties of the Clerks of Accounts perly originates with them, should be enabled to institute inquiries and afford com

will not be so extensive as was anticipated. plete redress. It is of course quite another An impression, no doubt, prevails, that question, whether there should, or not, be lawyers are not skilful accountants, but it i "fusion" of the principles of Equity should be remembered that the complicated and Common Law. At present we

, and dealing only with the jurisdiction and mode mystery of “ double-entry," are rarely apof procedure in the respective Courts. We plicable to accounts in the Court of Chanthink there can be no objection to this cery. The items generally consist of reamendment of the Law.

ceipts and payments which are to be inThe second Chancery Bill has just been vestigated and proved, and the difficulty

consists not so much in the mode of stating • It is said that the prorogation may take the account, as in the evidence to be adplace on the 3rd, but more probably on or duced by which the one party is to be about the 10th of August.

charged with all that he has or might have * See the Bill, p. 198, ante.

received, and the other discharged by proof VOL. XLVIII. No, 1,376.

are

214

The remaining Lau Bills before Parljament. of payments, and that such payments were debtors, and enforcing payment under exe: properly made. Now, this investigation is cutions in Scotland and Ireland. These and palpably more the business of the lawyer other proposed enactments, and the rules than the accountant, though the babits of and orders for carrying them into practical the latter may enable him more speedily to effect, will go far to complete the efficiency state and sum up the items; but to ascer- of our Superior Courts, and enable them to tain their correctness belongs properly to the regain the just confidence of the public. former. We cannot admit that solicitors Under this department may be menare deficient even in the mechanical part tioned the Bills which have already received of account-keeping. They are generally the Royal Assent for the Registration of well versed in money transactions both for Bills of Sale, in the same manner as Warthemselves and their clients. Every at- rants of Attorneys, Cognovits and Judges? torney of any extent of practice has a mul- Orders, and the Witnesses' Bill, authorising titude of receipts and payments to enter,' the parties to an action to compel the atand many of them are professionally con- tendance of Irish and Scotch witnesses. ! cerned for merchants, manufacturers, and In this category may also be classed the traders, and frequently called upon to ex-proposed Summary Execution on disho.

<| amine disputed accounts. As a class, there- noared Bills of Exchange, wbich we have fore, they are fully competent to the ac- frequently brought under the notice of our countant business of the Court of Chancery ; readers, and regarding which we have and we are glad to find from this Bill that treated in a separate article at p. 220, posta the Lord Chancellor confines the selection The Bill for removing doubts as to the of the new officers of accounts to the same Acknowledgments of Married Il'omen before class of persons as the Judges and Masters' Perpetual Commissioners, one of whom is Chief Clerks, viz.,-Attorneys and Solici interested in the transaction, or the solicitor tors of 10 years' practice.3

in the case, may be expected speedily to To these Equity measures may be added pass both Houses, and set at rest a quesa third, the Court of Chancery Bill for tion which affected a vast multitude of the County Palatire of Lancaster, autho- titles. rising appeals to the Lords Justices. See So also the Bill for the Examination of the Bill, p. 175, ante, and Objections, p. Witnesses vivú voce in the Ecclesiastical

Courts, which has passed both Houses. Next in order may be noticed the Bank- The amendment of the Law relating to rupicy Bill for reducing the expensive esta- the Personal Estates of Married W'umen blishment of the Courts, and offering some has made such progress that it advantages to traders who resort thereto, pected to arrive at maturity. provided they have assets to the amount of The total repeal of the Laws against 1507. This Bill has passed the llouse of Usury may also probably be effected in the Lords, and we are not aware of any suffi- present Session, although introduced very cient reason to stop its progress in the recently. The House of Lords, howerer, lower House.

may possibly pause on a measure which With regard to the Common Law Bills, affects the landed interest, but the proit is peculiarly desirable that they should position is supported by the Government. pass in the present Session, whereby many The Bill for amending the Law of Mortimportant improvements will be effected in main has undergone much discussion in the the proceedings preparatory to trial, by the House of Commons. The clauses requiring service of process out of the jurisdiction, by wills for charitable purposes to be made the examination of parties, the production three months before death, and notice to of documents, and by the speedy reference be given to the Charitable Trust Commisof accounts ;-also at the trial by altera- sioners within a month after making the tions in the rules of evidence in regard to will, have been much opposed.

We underhandwriting, the stamping of deeds, the stand that the promoters of the Bill are cross-examination of witnesses, and the willing to abandon the requisition of notice, adjournment of the trial ;-again, in the and shorten the term before death from discorery of the property of judgment three months to cne; but this concession H4+the taste iteurft

is not deemed sufficient, and the Bill may * The Bill, however, authorises the Masters yet be negatired. It is certainly inespedito call in the aid of accountants to wind up the

ent to confound superstitious uses with old suits remaining in their offices,

those which are purely charitable, such as See p. 195,"anite db 2431951'! JOUSTU ) schools and hospitals, and to prevent a tes.

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The remaining Law Bills before Parliament.

215 tator who may have no near relations from Criminal Justice (Metropolis). making a charitable bequest, unless he does Criminal Law Consolidation and Amendso a month before his decease.

menit (nine Bills). ' The Stamp Duties? Bill seems likely to

Youthful Offenders. be completed before the prorogation, al

Inspectors of Nuisances. though it met, in some of its details, with

Metropolitan Building Act further Amend

ment. partial opposition. It has made consider

Friendly Societies. able progress in Committee, and no opposition appears to be anticipated in the Upper Llouse.

In the House of Commons the remaining Bills Sume further amendment of the Criminal are as follow :-Law may also be anticipated, particularly

For 3rd reading. as to the abolition of Grand Juries at the

Benefices' Augmentation. Central Criminal Court, and the prosecil

Consideration of Amendments. tion and punishment of Juvenile Offenders.

Stamp Duties.
The Commons Inclosure, Turnpike Turnpike Acts' Continuance, &c.
Trusts, and Highway and Borough Rates' Borough Rates.
Bills, may also be expected to pass, as well

Bribery, Treating, and Undue 1:fiuence at

Elections. as some amendments relating to Friendly Societies, Savings Banks, and the Board of

In Committee. Health.

Chancery Procedure Amendınent. Of the Bills which remain on the votes

Common Law Procedure. and proceedings of the respective Houses, Registration (No. 2).

Bills of Exchange and Promissory Notes we presume the following will not arrive at

Judgment Execution. maturity :

Court of Chancery (County Palatine of LanDeclaratory Suits.

caster). Arbitration.

Prisoners’ Removal.

Prevention of Frauds as to Bills of ExConveyance of Real Property.

change.
Criminal Law Consolidation.

Mortmain.
Public Prosecutors.

Admiralty Court.
There are also several Bills relating to

Ecclesiastical Jurisdiction. Church Property which will probably be

Highways (Public Health Act) deferred; and the seven Bills on Parlia

Inclosure, &c., of Land.

Stock in 'Trade Exemption. mentary Reform are already doomed, ex

Metropolitan Sewers' Acts Continuance. cept one on Bribery, but that also is of Episcopal and Capitular Estates Managedoubtful success.

ment.
Arrest of Absconding Debtors (Ireland).

For 2nd reading.
The following is a list of the Bills remain-

Usury Laws' Repeal. ing in the House of Lords :

Bankruptcy.
For 3rd reading.

Public Health Act Amendment.
Court of Chancery.

Cinque Ports Administration of Justice. Savings Banks.

Diesenters' Marriages, Merchant Shippiog.

Appointment of Public Prosecutors.

Vacating Seats of Members.
Consideration of Amendments.

Abolition of Property Qualification of Mem-
Acknowledgments of Deeds by Married bers, (No. 2).
Women.

Notices.
In Committee.

Total repeal of Punishment of Death.
General Board of Health.

Amendment of Law of Adultery. Bankruptcy and Insolvency (Scotland). Apportionment of Rent, &c. Highway Rates.

Abolition of Members' Privilege from Arvest: Turnpike Trusts Arrangement.

Highways (Ireland). :-) *For 2nd reading

In Select Committee,

Liity Declaratory Suits.

Friendly Societies' Regulation. Arbitration Law Amendment.

'Trial of Election Peitions and Corrupt Conveyance of Real Property Act Amend- Practices. ment.

Fractice at Elections and Bribery, &c., Prevention.

Corrupt Practices at Elections.
See the Bill, p. 197, ante.

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New Statutes effecting Alterations in the Law : 11 NEW STATUTES EFFECTING ALTE- of attorney in any personal action given by at: !! RATIONS IN THE LAW. trader is now by law required to be filed),

otherwise such bill of sale shall, as against all REGISTRATION OF BILLS OF SALE.

assignees of the estate and effects of the per

son whose goods or any of them are comprised 17 & 18 Vict. c. 36.

in such bill of sale under the laws relating to Bills of sale to be void, unless the same bankruptcy or insolvency, or under any assignor a copy thereof be filed within 21 days, ment for the benefit of the creditors of such in like manner as warrants of attorney; s. 1. person and as against all sheriff's officers and

Defeasance or condition of every bill of other persous seizing any property or effects sale to be written on the same paper or comprised in such bill of sale in the execution parchment; s. 2.

of any process of any Court of Law or Equity

authorising the seizure of the goods of the perOfficer of Court to keep a book contain- son by whom or of whose goods such bill of ing particulars of each bill of sale ; s. 3. sale shall have been made, and against every

Officer entitled to a fee of Is. for filing person on whose behalf such process shall bill of sale, and to account for the same; hare been issued, be null and void to all in

tents and purposes whatsoever, so far as rei Office copies or extracts to be given on

gards the property in or right to the possession

of paying as for copies of judgments ; s. 5.

any personal chattels consprised in such bill

of sale, which at or after ihe time of such Satisfaction be entered; s. 6. may

bankruptcy, or of filing the insolvent's petition Interpretation of terms; s. 7.

in such insolvency, or of the execution by the Extent of Act; s. 8.

debtor of such assignment for the benefit of

his creditors, or of executing such process (as The following are the Title and Sections the case may be), and after the expiration of of the Act :

the said period of 21 days, shall lie in the pos

session or apparent possession of the person An Act for Preventing Frauds upon Creditors making such bill of sale, or of any person by secret Bills of Sale of Personal Chattels. against whom the process shall have issued

[10th July, 1854.] under or in the execution of which such bill of Whereas frauds are frequently committed sale shall have been made or given, as the case upon creditors by secret bills of sale of personal may be. chattels, whereby persons are enabled to keep 2. If such bill of sale shall be made or given up the appearance of being in good circum- subject to any defeasance or condition or destances and possessed of property, and the claration of trust not contained in the body grantees or holders of such bills of sale have thereof, such defeasance or condition or dethe power of taking possession of the property claration of trust shall, for the purposes of this of such persons, to the exclusion of the rest of Act, be taken as part of such bill of sale, and the creditors: for remedy whereof, be it there shall be written on the same paper or parchfore enacted as follows:

ment on which such bill of sale shall be writ1. Every bill of sale of personal chattels ten, before the time when the same or a copy made, after the passing of this Act, either ab. thereof respectively shall be filed, otherwise solutely or conditionally, or subject or not such bill of sale shall be null and void to all subject to any trusts, and whereby the grantee intents and purposes, as against the same or holder shall have power, either with or with persons and as regards the same property and out notice, and either immediately after the effects, as if sucłu bill of sale or a copy thereof making of such bill of sale or at any future bad not been filed according to the provisions time to seize or take possession of any pro- of this Act. perty and effects comprised in or made subject 3. The said officer of ihe said Court of to such bill of sale, and every schedule or in- 'Queen’s Bench shall cause every bill of sale, ventory which shall be thereto annexed or and every such schedule and inventory as therein referred to, or a true copy thereof, and aforesaid, and every such copy filed in his said of every attestation of the execution thereof, office under the provisions of this Act, to be shall, together with an affidavit of the time of numbered, and shall krep a book or books in such bill of sale being made or given, and a de- his said office, in which he shall cause to be scription of the residence and occupation of fairly entered an alphabetical list of every such the person making or giving the same, or, in bill of sale, containing therein the name,

adcase the same shall be made or given by any dition, and description of the person making or person under or in the execution of any pro viving the same, or in case the same shall be cess, then a description of the residence and made or given by any person under or in the exeoccupation of the person against whom such cution of process as aforesaid, then the name, process shall be issued, and of every attesting addition, and description of the person against witness to such bill of sale Je filed with the vnom such process shall have issuell, and also officer acting as clerk of che docquets and othe per-on to whom or in whose favour the and judgments in the Court of Queens Bench, same shall have been given, together with the within 21 days after the making or giving of number, and the dates of the execution and uch bilt of sale (in like manner as a warrant filing of the same, and the sum for which the

New Statutes effecting Alterations in the Law. v

217 the same has heen given, and the time or times words and expressions shall have the meaninge (if any) when the game is thereby made pay- herehy assigned to them, unless there be someable according to the form contained in the thing in the subject or context repugnant to Schedule to this Act, which said book or hooks, such constructions; (that is to say) and every bill of sale or copy thereof filed in The expression "bill of sale” shall include the said office, may be searched and viewed by bills of sale, assignments, transfers, declaraall persons at all reasonable times, paying to tions of trust without transfer, and other asthe officer for every search against one person surances of personal chattels, and also powers the sum of 6d. and no more; and that, in ad- of attorney, authorities, or licences to take dition to the last-mentioned book, the said possession of personal chatiels as secuofficer of the said Court of Queen's Bench rity for any debt, but shall not include the shall keep another book or index, in which be following documents : that is to say, assignshall cause to be fairly inserted, as and when ments for the benefit of the creditors, of such bills of sale are filed in manner aloresaid, the person making or giving the same; the name, addition, and description of the per marriage settleinents; transiers or assignson making or giving the same, or of the per- ments of any ship or vessel or any share thereson against whom such process shall have is. of; transfers of goods in the ordinary course sued, as the case may be, and also of the per- of business of any trade or calling ; bills of sons to whom or in whose farour the same sale of goods in foreign parts or at sea; bills shall bave been given, but containing no fur- of lading; India warrants; warenouse keep, thier particulars thereof; which last-mentioned ers certificates ; warrants or orders for the book or index all persons shall be permitted to delivery of goods, or any other documents Search for themselves, paying to the officer used in the ordinary course of business 'as for such last- mentioned search the sun of Is. proof of the possession or control of goods,

4. The said officer shall be entitled to re- or authorising or purporting to authorise, ceive, for his trouble in filing and entering either by endorsement or by delivery, the every such bill of sale or a copy thereof as possessor of such document to transfer or aforesaid, the sum of 1s. and no more; and receive goods thereby represented : such officer shall render a like account to the The expression “personal chattels” shall mean Commissioners of her Majesty's Treasury, and goods, furnit:re, fixtures, and other articles the said Commissioners 'shall have the like capable of complete transfer by delivery, and powers in every particular with respect to shall not include chatiel interests in real such account, and ihe amount of remuneration estate, nor shares or interests in the stock, of such officer, and with respect to any surplus funds, or securities of any government, or in of the fees received by him, as is provided by the capital or property of any incorporated or the 75th chapter of the Statute passed in the joint-stock company, nor choses in action, 13th and 14th years of the reign of ber present nor any stock or procluce upon any farm or Majesty with respect to the officers of the Court lands which by virtue of any covenant or of Common Pleas therein-mentioned.

agreement, or of the custom of the country, 5. Any person shall be entitled to have an ought not to be removed from any farm office copy or an extract of every bill of sale, or where the same shall be at the time of the of the copy thereof filed as aforesaid, upon making or giving of such bill of sale: paying for the same at the like rate as for Personal chattels shall be deemed to be in the office copies of judgments in the said Court of “ apparent possession" of the person mak. Queen's Bench.

ing or giving the bill of sale, so long as they 6. It shall be lawful for any Judge of the shall remain or be in or upon any house, said Court of Queen's Bench to order a me- mill, warehouse, building, works, yard, morandum of satisfaction to he written upon land, or other premises occupied by him, or any bill of sale or copy thereof respectively as as they shall be used and enjoyed by him in aforesaid, if it shall appear to hin that the any place whatsoever, notivithstanding that debt (if any), for which such bill of sale is formal possession thereof may have been given as security shall have been satisfied or taken by or given to any other person. discharged.

8. This Act shall not extend to Scotland or 7. To construing this Act the following Ireland.

SCHEDULE. Name, &c., of the

Whether Bill of person making or

Name, &c., Sale, Assignment,
giving the Bill of of the Person
Transfer, or what

Sum for whic!
Date of

When

Date of Sae, or of the per

other Assurance, to whom

made Execution

and hot

Filius. yon divested of made or giren. od whether abso

or given.

payable. Mute or conditional Property.

ard Nurnber.

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