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218 New Statutes effecting Alterations in the Law.--Legal Observer Edition of New Stats. dü ih WARWICK ASSIZES.

juries at the said assizes, in like manner as the

Other inhabitants of the said county. 17 & 18 Vict. c. 35.

2. From and after the passing of this Act, preamble recites the 5 & 6 Vict. the venue in all matters whatsoever to come

before the Judges of Assize and Nisi Prius, Recited enactments repealed, and

oyer and Terminer and General Gaol Delivery, sizes to be held in Warwick; s. 1.

in the said County of Warwick, shall be

Warwickshire," and the verues WarwickVenue in future proceedings to be “War- shire Warwick Division ” and “ Warwickshire wickshire” alone, and parties under recog- Coventry Division”, shall be abolished, and nizance to appear at Warwick ; s. 2. all recognizances entered into, by any person

Proceedings commenced in Coventry di- or person for appearance at the Coventry asvision to be transferred to Warwick to be sizes, whether to prosecute or give evidence, disposed of ; s. 3.

or to answer or to receive judgment or otherOffences committed and causes of action wise, shall be obligatory on the parties bound accrued in Coventry division before the wick assizes for the same purpose, and all

by such recognizances to appear at the Wara ! passing of this Act to be dealt with at proceedings requisite and proper to be taken Warwick'; s. 4.

relating thereto shall and may be had and

taken in like manner as if such recognizance The following are the Title and Sections had been originally entered into and such proof the Act :

ceedings taken with reference to the "ašsizes

held at Warwick. An Act to repeal certain Provisions of an Act of the Fifth and Sixth Years of her present ceedings preferred, entered, and taken in the

3. All indictments, records, and other proMajesty, concerning the holding of Assizes Coventry division of the county of Warwick for the County of Warwick. [10th July, 1854.]

on the day of the passing of this Act, fiied and

remaining with the Clerk of the Crown and the Whereas by an Act passed in the 5 & 6 Associate for the said division, shall be reVict. c. 110, intituled An Act to annex the turned to be filed and remain with the Clerk County of the City of Coventry to Warwick- of the Crown and the Associate respectively for shire, and to define the boundary of the City the said county of Warwick, and all proceedof Coventry,” it was enacted and provided that ings and process requisite and proper to be the inhabitants of the city of Coventry should awarded and taken thereon shall and may be not be liable to be summoned or to serve on awarded and taken as if such indictments, any inquest or jury for the county of Warwick records, and other proceedings had been orielsewhere than within the city of Coventry; ginally preferred, entered, and taken in the and it was thereby also enacted, that the county of Warwick at large. Judges of Assize and Nisi Prius, and others 4. All offences which shall have been comnamed in her Majesty's Commissions of Oyermitted and all causes of action which shall and Terminer and Gaol Delivery, should hold have accrued in the said Coventry division of their sittings at Nisi Prius, Oyer and Ter- the said county before the passing of this Act miner and Gaol Delivery within the said city shall, so far as relates to the Courts of Assize of Coventry for the said city, and for such and Nisi Prius, Oyer and Terminer and Geother parts of the said county of Warwick as neral Gaol Delivery, be inquired of, heard, her Majesty, with the advice of her Privy and dealt with as if the same had been comCouncil, from time to time should order, and mitted or had accrued in the county of Warat Warwick for so much of the rest of the said wick at large. county as should not be included in any such order, and that the sheriff of the county of Warwick should give his attendance upon the LEGAL OBSERVER EDITION OF said Judges and Commissioners, and should

NEW STATUTES. cause to be summoned to Warwick and Coventry such grand and petty jurors of the county of Warwick as should be needed for

17 Vict., 1854. the execution of the said several Commissions : And whereas the division of the

the i Warehe rest oberdos holding of assizes at Coventry, under the said The reinainder will be given as speedily as? recited enactments, have been found inconvenient: Be it therefore enacted, as follows:

possible: 1. From and after the passing of this Act

Assessed Taxes Amendment, cap-s1, 14716. the said recited enactments shall be repealed. L. O., p. 3311.00 - 19.00 1/3 of mainides ni and the assizes for the whole county of War. Inicome Tax, cap. 17, 48 L: 0., wick, including the said city of Coventry, shall be helden at Warwick, and the inhabitants of

Commons Inclosure, cap. 9, p. 64, cnte, di yd the said city of Coventry shail be liable to bel County Court Extension Açty isap. 1 1.6 Pare summoned and serve upon alt inquests and 121, antess's brudd adı 26 yiels dova ,barula

assize districts, and be printed, with an Analysis of each, as follow.

146. antee

L'orto bycery item Aeknozcieuýtitled Qu Dextis üy diarried Women, & A 20: Income Tax (oto. 2), cap. 24. p. 134, antes e shall, with the approbation of the Lords' ComRegistration of Bills of Sale, cap. 36, p. 216: missioners of her Majesty's Treasury order,

but shall not be entitled to or receive any comWarwick Assizes, cap. 35, p. 218.

pensation upon or by reason of the Master be

ing released from his duties, or removed by COURT OF CHANCERY BILL.

resignation, death, or otherwise; (s. 8). Appointment of Clerks of Receiver's' Accounts.

It shall be lawful for the Lord Chancellor to FOR THE SPEEDY AND BFFICIENT DISPATCH constitute and appoint an officer, or if it shall 10'OF, BUSINESS.

seem to him necessary or expedient two officers, Appointment of additional temporary Clerks to of the Court of Chancery, to be styled "the the Masters.

Clerk” or “the Clerks of Receivers' AcUpon a suit in which any proceeding may counts,” and to fill up from time to time such be depending before a Master becoming abated vacancies as may occur in that office ; (s. 9). by death, marriage, or otherwise, or becoming fications," remoral from office, striking off the

The several provisions respecting the qualimission of interest or liability, it shall be lawsui rolls, tenure of office, prohibitions, prosecufor the Master to summon the parties, or their clerks attached to the Master of the Rolls and

tions, penalties, ond punishments of the chief salicitors, and to require such information as

the Vice-Chancellors respectively, contained in inay, seem necessary respecting persons by and against whom the suit and proceedings ought & 16 Vict. c. 80, are extended to the clerks of

the sections 17, 18, 20, 21, 24, 25, of the 15 to be revived, with liberty to proceed in the ab

receivers' accounts; (s. 10). sence of any of the parties or solicitors; (s. 1).

Each of the clerks of receivers accounts The Master may certify as to the abatement, &c.; (s. 2).

may appoint, with the approbation of the Lord Order of revivor, &c., shall be drawn up on sist him in the discharge of his duties, and to

Chancellor, a junior clerk to açt under and asMaster's certificate; (s. 3). Upon Master's certificate of abatement, &c.,

be removeable by him; (s. 11). Court may order prosecution or disposal of

It shall be the duty of the clerks of receivers'

accounts to examine and settle under the direc. suit; (s. 4).

In the event of the parties or their solicitors tion and control of the Court, all such acrefusing or neglecting, within a time to be fixed counts of receivers, consignees, managers, and by the Master, to file or to bring before the and assistance of the ViceChancellors, or any

others as the Lord Chancellor, with the advice Court any such certificate, or to serve any order when drawn up, then by direction of the Mas: two of the same Judges, may, by general ter the certificate may be filed or brought be order, or as any special orders of the Court or

of the Judges thereof may direct; (s. 12). fore the Court, or the order may be served, by

Their proceedings to be regulated by general the solicitor for tbe time being to the Suitors'

order; (s. 13). Fund; and the Court is empowered to order

The clerks of receivers' accounts shall have payment of the costs and expenses of the solicitor to the Suitors' Fund out of such of the power to issue advertisements, to summon par

ties and witnesses, to administer oaths, to take funds in the suit or by such parties as to the affidavits, to receive affirmations, and, when so Court shall seem just; and in case payment directed by the Court or a Judge thereof, to thereof cannot be obtained by any of the means examine parties and witnesses, either upon inaforesaid, the same, by the direction of the Court, terrogatories or vivá voce

, as the Court or may be paid out of the Suitors’ Fund; (s. 5). Judge shall direct; (s. 14). In any cause, matter, or thing which may

Attendance before them may be enforced, from time to time be depending before or have

&c.; (s. 15), been referred to a Master, it shall be lawful for

Recognizances of receivers, &c., not hereby him, in such way as he may think fit, to obtain

affected; (s. 16). the assistance of an accountant the better to

Salaries to be fixed by the Lord Chancellor; enable him to make any report or certificate,

(s. 17). and to act upon the certificate of such ac

Salaries to be paid out of the Fee Fund'; countant; and the allowances in respect of

(s. 18). fees to the accountant shall be regulated by the Taxing Master of the Court ; (s. 6).

Master may certify specially to obtain opi- | ACKNOWLEDGMENT OF DEEDS BY nion of the Court ; (,

I sur b16p, MARRIED WOMEN. It shall be lawful for the Lord Chancellor to

-9vnou barot to appoint a fit person to act in the office of any m? BILL TO REMOVE DOUBTS, 8 - josta Misterlascan additional temporary clerk, and

It being apprehended that deeds executed by in assistance to the Master's ordinary clerks, in married women may be liable to be invalidated at such, manner as crary

the end
may think fit,

by the circumstance that the Judge, or Masteras by the Lord Chancellor

The persons qualified are the chief clerksd and shall receive, so long as he ishall be em of sthe Masters, and solicitors or attorneys ofis ployed, such salary as the Lord Chancellor: 10 years' practices 00:20090192 bas buomimua

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every such

220 Bribery Prevention Bill. Summary Execution on Bils of Exchange Bill. in Chancery, or one or both of the Commission person who ishall sue for the same, 'together ers, taking the acknowledgment, may be inter with full costs of suit.”.. ested or concerned, either as a party or other. wise, in the transaction giving occasion for such

The attorneys who are engaged in contested acknowledgment, it is proposed to enact that-elections will, of course, omit to register their "No deed which has been acknowledged, or names as electors. which shall hereafter be acknowledged by a married woman before a Judge of one of the SUMMARY EXECUTION ON BILLS Superior Courts of Westminster, or a Master in Chancery, or before two of the perpetual Com

OF EXCHANGE BILL. missioners or two special Commissioners to be respectively appointed as by the 3 & 4 Wm. 4, It will be observed by the following statec. 74, is required, shall be impeached or im- ment and reasons against this Bill, that the peachable at any time after the certificate of such grounds of opposition rest mainly on the side acknowledgment has been filed of record in of the public; and that the professional obthe Court of Common Pleas at Westminster, jection is urged only in reference to the diffiChancery, or such Commissioners, or either of culty or impracticability of carrying the prothem, was or were interested or concerned, visions of the Act into effect. This is a either as a party or parties or otherwise, in the judicious course of argument. It is at pretransaction giving occasion for such acknow- sent hopeless to address the Legislature in ledgment; (s. 1).

opposition to any measure (supposed to be If any proceeding instituted before July 13, generally beneficial), on the sole ground 1854, in the Court of Common Pleas, for the that it will injure the attorneys. The mempurpose of quashing or taking off the file of bers of the Profession, however, need not records of the Court any certificate of an hesitate in stating their objections to any acknowledgment of a deed by a married

alteration of the law, provided the public woman, on the ground that such Judge or Master in Chancery, or either of such Com- interests are involved in the measure. Their missioners, was interested or concerned as objections may, indeed, be viewed with susaforesaid, shall be pending at the passing of picion, and not be admitted unless they this Act, the Court, at the instance of either are well-founded; but as the practical party, may stay all proceedings therein, and working of a proposed new law, or the almake such orders for payment of the costs of teration of an old law, can best be appresuch proceeding or any part thereof, and such ciated by the practitioners, they are able to other orders, as the justice of the case may require ; (s. 2).

confer incalculable benefit on the community by applying their experience and acute

ness in detecting and exposing the fallacy of BRIBERY PREVENTION BILL.

objectionable projects. The interests of the

public are inseparably connected with the The 10th clause of the amended Bill re- interests of the Profession. The administraquires the attention of solicitors engaged in the tion of justice on reasonable terms, and with election of members of Parliament. The effect all practicable speed, is not only beneficial to of it seems to be, that if the solicitor has a vote the suitor, but ultimately to the attorney. for the place for which his client is a candidate,

Delay and expense drive away clients. he cannot recover for his services, and any pay- which have been submitted to most of the

We trust that the following objections ment for them is illegal :

lawyers in Parliament will prerail against No person acting as counsel, atlorney, the Bill now under consideration :agent, poll clerk, or in any other capacity whatsoever for any candidate, for the purposes

REASONS AGAINST THE BILL, SUGGESTED of ary election, and who shail himself be an elector entitled to vote at such election, shall be This Bill proposes to establish a new proentitled to any consideration, reward), or pay. ceeding to enforce payment of unpaid inland ment for any personal services rendered by bills of exchange by means of a notarial prohiin to or on behalf of such candidate in any test, to be recorded in a new register office

, such capacity; and any consideration, reward, and of a Judges' order for payment founded or payment, knowingly made or given by any upon it, which proreeding is to be adopted at cantidate or his agent, to any elector for any the option of the holder instead of the present services in any such capacity, shall, as regards mode of proceeiling in the Superior Courts. any such candidate, bé demed 'and taken to The Bill proceeds on the assumption that a

be an illegal payment; and any elector know- protest by a notary is evidence of the requisites, 'ingly receiving or taking the same shall be which at present entitle the holder to recover deemed incapable of voting at such election, in an action against the drawer or indorsers; and in case he shall vote at such election, he but, in fact, it affords no such evidence." ?st. shall be liable to forfeit the sum of 501. to any The notary knows nothing as to the handwrie


on the

Summury Execution on Bills of Exchange Bill.

221 ing of any of the parties, and therefore his pro- bill of exchange,--enabling him in the short test affords no proof of that fact. 2nd. The time of six days to take possession under an notary often presents the bill for the purpose of execution of the debtor's property; and conse-, protest at a banker's, after banking hours,—a quently the debtor, in order to do justice to presentment which in no way binds the drawer his creditors in general, and prevent such unor indorsers; and the potary knows nothing due preference must be driven to commit an whatever as to any previous presentment. 3rd. act of bankruptcy for the purpose of securing The notary has no knowledge, and is unable to a just and an equal distribution of his assets. state, whether notice of the dishonour by the acceptor has been given in due time to the

5. The danger of collusion in favour of other parties on the bill.

fictitious creditors will be increased. 1. The Bill is unnecessary and inexpe- of collusion between dishonest debtors and

The provisions of the Bill will afford means dient, the present law being sufficient, or creditors to the prejudice of bona fide creditors; an alteration preferable to a new system. for a debtor might obtain credit to a large

The improrements.srca have been etfected amount without giving acceptances, and before in the course of proceeding in the Common the time of such credit expired, grant bills to Law Courts render the new remedy proposed fictitious or favoured creditors, friends, or reby the Bill unnecessary and inexpedient. Where lations, and enable them to issue execution there is no defence to an action on a bill of ex. against the whole of the property. change, jadgment may now be obtained in

6. No just ground for a better remedy eight days. The Legislature has deemed it right to suspend execution for eight days after

non-payment of bills than bonds or

covenants. judgment on a writ of summons, and it is submitted that a period of sixteen days before al

There is no just reason for granting to the lowing a holder of a bill to seize by legal pro- holders of bills of exchange a better remedy cess the person or property of the parties to for non-payment, than to the partiez to whom the bill, is as short as is expedient, just, or ne- bonds and covenants for the payment of money cessary. But if in the judgment of the Legis- have been executed, and who in default of paylature that time be deemel too long a period ment must resort to an action at law Forbefore execution should be allowed to issue, merly actions on bonds were placed on a bigher surely it would be preferable to alter the pre. footing than actions on simple contract debts, sent law in that respect, rather than to intro- inasmuch as where there was no defence, the duce a new system of procedure.

jucigment was final, and not interlocutory; hut

now under the Common Law Procedure Act, 2. The operation of the Bill will be op- final judgments may be obtained in all undepressive, particularly on indorsers of bills fended actions at the expiration of eight days. of exchange. The Bill will operate with great severity on land not applicable to England.

7. The “summary diligence" of Scotthe indorsers of bills of exchange, who, in case of the default of the acceptor, will be

The “ suinmary diligence" on bills of exliable to execution at the expiration of six days, there has been no opportunity of comparing


change having always prevailed in Scotland, although they may have received no notice of the dishonour, or from the shortness of the effects with the mode of proceeding in Engperiod allowed, may not have it in their power

land; and the bill transactions there being to inquire into the points necessary to be de comparatively few in number, the example does termined before paying or resisting the de- not justify its adoption in England in lieu of mand.

the improved and sufficient mode of proceeding

in the Common Law Courts. 3. The strict conditions on which a defence is to be permitted are unreasonable.

8. This alteration is one only of 19 difIt will be a great hardship on parties to a land relating to bills.

ferences in the laws of Scotland and Engbill of exchange, who may often be in entire ignorance of the facts, or may have a perfectly

It is submitted that it is altogether inexpegood defence against the holder,---which at the dient to pass the Bill, even if no otber objecmoment i hey may be unable to substantiate, or tions could be alleged against it, because it which may depend on negative circumstances, forms but a small part only of the proposed - to throw the burden of proof on ihe de plan of assimilating the laws of England, Irefendant, who, according to the provisions of land, and Scotland. In the statement and the present Bill

, is to show by affidavit that questions just issued by the mercantile law his defence is sufficient, and also (if the Commissioners, there are no less than 19 points Julge think fit) to find security for the debt of difference between the laws of England and and costs.

Ireland and those of Scutland with regard to 4. The preference given to bill-holders bills of ex hange. In order to determine how

many of these 19 differences in the law of will be unjust to other creditors.

Scolanți are preferable, or not, to those of EngThe Bill will be injurious to creditors in ge- land and Ireland, or in what respects they may neral, by giving a preference to the holder of a both require alteration, much consideration is


Salonczy Execution on Bills of Exchange Bill. necessary. The present Bill proposes to deal attorners of the Superior Courts to act as nowith No. 15, being one only of these 19 points. taries beyond ten iriles of the city of London It is submitied that the whole of these conflic:- " for the convenience and accommodation of ing matters should be considered together, each district,” such admissions are entirely in and tliat it is dangerous to legislate upon the the discretion of the Master of Faculties; and entire subject by fractions, or upon one only the admission to the office of notary being subof many subjects, each bearing more or less on jected to a stamp of 301., besides the fees of the others.

office, the appointment is rarely sought for; 9. The whole law of bills of exchange Act'into full or convenient operation will fail,

and, consequently, the means of carrying the should be comprised in one Act.

unless the attorneys and solicitors are authoAlthough the present measure relates chiefly rised to perform the duty of noting and proto the summary mode of procedure to enforce testing the bills for the purposes of the Act. the payment of a bill, yet it involves also several important alterations of the law in regard

The Manchester Law Association urge the to bills of exchange generally; for instance, it proposes to throw the burden of proof on the following objections against the Bill :-debtor, and deny him a trial, unless he can “ It will give holders of bills and notes very give, not merely bail, but unconditional secu- great facilities for recovering the amounts ; rity for payment of the debt and costs; and but it will have a serious effect on parties to under the 19th section, effects a material altera- bills, especially indorsers, who may have the tion in the bankrupt law. Even if it could be bills protested and registered against them, considered as a mere procedure bill, still it is without expecting it. True they may pay, as important that the law, which is thus to be soon as they are served with an order; but carried into effect differently from the present this will not be a very pleasant position to be course, should be settled, before effecting so placed in, without fault of theirs. important a change in the mode of procedure. “But on the community at large the Act, if

It is, therefore, submitted, that at all events it passes, will operate very prejudicially. A this Bill, which is confined to one point, should creditor who is not a bill holder will be over: be postponed till the Commissioners have made reached by the bill holder ; he may have sued their report upon the several important rules in for his demand, and used all diligence to get the laws of Scotland, which differ from those of it, but he cannot, under the most favourable England and Ireland, and the alterations which circumstances, occupy less than a month in they recommend to be adopted.

having his cause tried, and he may have to 10. The Act cannot be carried into effect wait six, if the assizes do not suit ; ineansvhile in towns where there are no notaries, unless the debtor's property. This cannot be right;

the bill holder may come in and sweep off all attorneys be authorised to note and pro- one creditor should not have more facilities test bills for the purposes of the Act. than another.

It is further submitted, that it will be diffi- “ The measure seems uncalled for and incult, if not impracticable, to carry the Act expedient as well as unjust to all creditors, exinto effect in the larger part of the towns of cept holders of bills or notes; and even as reEngland and Wales, because there are only gards these parties, it may be very doubtful 128 towns where notaries have been ap- whether the advantages they are to gain (at the pointed. It will, consequently, give a most expense of all others) are not more than coununfair advantage to those towns in which nota- ter-balanced by the uncertainty which will be ries are to be found.

thrown over all commercial dealings. For By the 9 & 10 Wm. 3, c. 17, it is provided against these instruments no care or caution that bills of exchange may be protested by a could be an effectual guard, even if there were notary public, and,“ in default of such notary the means of searching the registries, which public, by any other substantial person of the the Bill, as now framed, does not provide. city, town, or place, in the presence of two or the process may suit Scotland, where the more credible witnesses, refusal or neglect be- system of bills is so much at variance from ing first made of due payment of the same.” that which prevails in England; bat it seems But tliese provisions are inadequate for the wholly inapplicable in ench a community as purposes contemplated in the Bill; for, whe- ours, and where such a different mode of pasu ther the two credible witnesses are to be pre- ment is generally acted upod.

1 sent at the time of the presentation of the bill “The effect of clause 19 will be, to make for payment, or at the tine of signing the pro- void any judgment or order obtained under test, or at both those times, it is a burdensome the Act, and every execution issued thereon and inconvenient course of proceeding to re. within two months of the filing of a petition for quire three persons to certify a fact, which, in adjudication of bankruptcy against the debtor. London and other places, is done by a single The alırost inevitable result of this will be, to notary, and which might be effectually done by drive all estates into bankruptcy, whether they a duly

qualified attorney resident on the spot. be large or small; for creditors who have obAnd

70, s. 2, tained a preference under the Act are not the Master or dhe 3&4 Wm. Commons may admits sufficient number of time. er Usdi.bltsted to lol .7

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