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HIGHWAY RATES.

276

New Statutes effecting Alterations in the Law. shall hereafter provide and supply such animal August, 1854, and to the end of the then next with food and water as therein mentioned, shall Session of Parliament: And whereas it is ex. and may and he is hereby authorised to re- pedient that the said provisions should be cover of and from the owner or owners of such further continued: Be it therefore enacted, animal not exceeding double the value of the that the said provisions of the said Act shall food and water so already or hereafter to be continue until the 1st day of August, 1855, supplied to such animal, in like manner as is and to the end of the then next Session of by the said last-mentioned Act provided for Parliament. the recovery of penalties under the same Act; and every person who has supplied or shall hereafter supply such food and water shall be

17 & 18 Vict, c. 52. at liberty, if he shall so think fit, instead of An Act to continue an Act for authorising the proceeding for the recovery of the value

Application of Highway Rates to Turnpike thereof as las: aforesaid, after the expiration of

Roads. seven clear days from the time of impounding

(31st July, 1954.] the same to sell any such animal openly at any Vict. c. 59, intituled " An Act to authorise for

Whereas an Act was passed in the 4 & 5 public market (after having given three days public printed notice thereof) for the most one year, and until the end of the then next money that can be got for the same, and to Session of Parliament, an Application of a apply the produce in discharge of the value of Portion of the Highway Rates to Turnpike such food and water so supplied as aforesaid Roads in certain Cases,” which Act has been and the expenses of and attending such sale, continued by sundry Acts until the 1st day of rendering the overplus (if any) to the owner of October, in the year 1854, and to the end of such animal.

the then next Session of Parliament ; and it is 2. And whereas by an Act passed in 2 & 3 expedient that the same be further continued : Vict. it was enacted, under a penalty, that dogs Be it enacted, that the said Act shall be conshould not be used for the purposes of draught tinued until the 1st day of October, 1860, and within the metropolitan police district, and it to the end of the then next Session of Parliais desirable that such enactment should be ex

ment. tended to all parts of the United Kingdom : be it enacted, that any person who shall,

TURNPIKE TRUSTS' ARRANGEMENTS. from and after the 1st of January, 1855, on

17 & 18 Vict. c. 51. any public highway in any part of the United An Act to confirm certain Provisional Orders Kingdom, use any dog for the purpose of draw- made under an Act of 14 & 15 Vict. c. 38, ing or helping to draw any cart, carriage, truck, to facilitate Arrangements for the Relief of or barrow, shall forfeit and pay a penalty not Turnpike Trusts, and to make certain Proexceeding 40s. for the first offence, and not ex- visions respecting Exemptions from Tolls. ceeding 51. for the second and every subse

[31st July, 1854.] quent offence, such penalties to be recovered in like manner as is provided for the recovery & 15 Vict. c. 38, “ To facilitate Arrangements

Whereas, in pursuance of the Act of the 14 of penalties under the Act of 12 & 13 Vict. 3. The words and expressions to which a certain Provisions respecting Exemptions from

for the Relief of Turnpike Trusts, and to make meaning is affixed by the said Act of 12 & 13 Tolls,” certain provisional orders have been Vict., and which are introduced into this Act, made by the Right Hon. Viscount Palmerston, shall have the same meaning in this Act, and one of her Majesty's principal Secretaries of the word animal shall in the said Act and in State, for reducing the rate of interest, and for this Act mean any domestic animal, whether extinguishing the arrears of interest on the of the kind or species particularly enumerated mortgage debts charged or secured on the in clause 29 of the said Act, or of any other tolls or revenues of certain turnpike roads, and kind or species whatever, and whether a quad- such orders have been published in the London ruped or not.

Gazette, and in newspapers circulating in the

neighbourhood of such roads, and the dates of ECCLESIASTICAL JURISDICTION.

such provisional orders, and the Acts under

which the tolls or revenues on which such 17 & 18 Vict. c. 65.

debts are charged or secured are levied or An Act for further continuing certain tempo- raised, together with the amount to which the

porary Provisions concerning Ecclesiastical rate of interest on such debts is to be reduced, Jurisdiction in England. [31st July, 1854.] and the day up to which the interest and

Whereas an Act was passed in the Session arrears of interest on such debts are to be exholden in the 10 & 11 Viet. c. 98, intituled tinguished by such orders are mentioned in “An Act to amend the Law as to Ecclesiasti- the schedule to this Act: and whereas it is cal Jurisdiction in England," by which it was expedient that the said provisional orders enacted that certain of the provisions therein should be confirmed, and made absolute: be contained should continue until the 1st day of it therefore enacted, that the said provisional August, 1848, and, if Parliament were then orders are hereby confirmed, and made abso. sitting, until the end of the then Session of lute, and shall be as binding and of the like Parliament; and such provisions have been force and effect as if the provisions thereof had continued by sundry Acts until the 1st day of been expressly enacted by Parliament.

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$.

1855,

d. Oct. 14. 3 & 4 Vict. c. 84, “ An Act for repairing

the Road from the Maidstone Turnpike
Gate on the Loose Road in the parish of
Maidstone in the county of Kent, to
Newcastle in the parish of Biddenden,

and a Branch Road to the Thorn in the 1854. parish of Smarden in the same county": 10,570 0 0 41. per cent. Dec. 31, 1850 Jan. 7. ,5 W. 4, c, 19, “ An Act for repairing the

Road from Little Bowden in the county
of Northampton to Rockingham in the
same county

2,728 0 o 31. per cent. Jan. 1, 1853 Jan. 7 . .7 Geo. 4, c. 19, “ An Act for making and

maintaining a Tarnpike Road, com-
mencing at or near a certain house
called the Shrewsbury Arms, situate at
Hinderton in the township of Little
Neston, by way of Upton, and terminat-
ing in the township of Hoose, and from
Upton aforesaid to the township of
Birkenhead, and also certain Branches
of Road to communicate there with, all

in the County Palatine of Chester" 3,400 0 0 31. 10s. per cent. Dec. 31, 1853 Feb. 7 . .7 Geo. 4, c. 13, “ An Act for making and

maintaining a Road from Godalming,
through Hascombe, to Paias Hill, in the
county of Surrey."

2,380 0 0 1d. per cent. Dec. 31, 1853 Feb. 7 . . 5 Geo. 4, c. 54, " An Act for repairing and

improving the Road from Back Lane in
the parish of Scartho, to Hollogate Head
in the parish of Louth in the county of
Lincolo.”

4,712 1 0 21. per cent. Jan. 1, 1854 Aprils. 11 Geo. 4, c. 18, " An Act for more effectu:

ally repairing and maintaining the Road
from New Cbappel in the county of
Surrey to Ditebeline Bost Hills in the
county of Sussex, and from thence to the
town of Brightbelmstone in the same
county; and also for making and main.
taining a Branch of Road from the town
of Ditcheling to Clayton in the county
of Sussex," as far as the same relates to

the Ditcheling and Clayton Branch Road. 1,900 0 0 11. 10s. per cent. Dec. 31, 1852 April 29 57 Geo. 3, c. 45, " An Act for making and

keeping in repair a Carriage Road from
or near the town of Brough-under-Stain-
more in the county of Westmoreland, to
Middleton Bridge in the parish of Ro-
maldkirk in the North Riding of the
county of York, with a branch from or
near Chapel House to Eggleston Bridge
in the same parisb."

1,620 0 0 1d. per cent. Dec. 31, 1853 May 24, 4 Geo. 4, c. 15, “An Act for repairing and

improving the Roads from the town of
Stockbridge to the city of Winchester, and
from the said city of Winchester to the top
of Stephen's Castle Down, near the town
of Bishop Waltham in the county of South-
ampton, and from the said city of Win-
chester through Otterborne to the Bar
Gate in the town and county of the town
of Southampton, and certain Roads ad-
joining thereto," as far as the same re-
lates to the Road described as “the
Winchester and Waltham Road ”.

1,500 0 0 1d. per cent. Dec. 31, 1853 5 Geo. 4, c. 91, “ An Act for making and

maintaining a Road from Brighthelm-
stone to Newhaven in the county of
Suggex"

10,650 0 ol 21. per cent, Dec. 31, 1854

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278

Review : Atkinson on the Sheriff Law. NOTICES OF NEW BOOKS. will and pleasure, although made irrevocable.

But now, ' every person so appointed sheriff

as aforesaid shall, within one calendar month Sheriff-Law; or a Practical Treatise on the next after the notification of his appointment

Office of Sheriff, Under-Sheriff, Bailiffs, in the London Gazette, by writing under his &c.: their Duties at the Election of hand, nominate and appoint some fit and proper Members of Parliament and Coroners, person to be his under-sheriff; and shall transAssizes, and Sessions of the Peace. Writs mit a duplicate thereof to the clerk of the

peace for the county ; to be by him filed, and tion Notices ; Interpleader; Writs; War- the records of his office, and for which he shall

, , rants; Returns; Bills of Sale; Bonds of be entitled to demand and have from such Indemnity, 8c. By GEORGE ATKINSON, under-sheriff the sum of 5s. and no more ; and Serjeant-at-Law, Author of “The Ship- such appointment and duplicate shall not be ping Laws of the British Empire,” “In- liable to any stamp duty whatever.' ternational Law," &c. Third Edition. The Author, in one of his notes on this London: Longman, Brown, Green, and section, observes, that “the 1 Hen. 5, c. 4,” Longmans. 1854. Pp. 310.

(which provided that no under-sheriff should Mr. SERJEANT ATKINSON, in this Third be an attorney in the King's Courts during Edition of his Treatise, arranges the subject- the time he was in office) “was repealed by matter in the following order :

1 Vict. c. 55, s. 1; 11 but he says, “there 1st. Introductory observations on the an- still remains the rule of K. B., M. T., tiquity and nature of the office of sheriff ; 1654, s. 1, as to an attorney serving the his qualifications, mode of nomination, and office of under-sheriff, and making him appointment.

liable to be struck-off the Rolls for it." 2nd. His judicial duties.

And, he adds, "the Reg. Gen., Hil. Term, 3rd. His ministerial duties.

1853,” [which repealed all then existing 4th & 5th. The execution of the various rules of practice and made new rules] “apkinds of writs.

ply only to rules affecting civil actions." 6th. Actions against the sheriff.

Now the Rule of 1654 (in the time of 7th. Actions by the sheriff.

Oliver Cromwell) might properly subject an 8th. The sheriffs' acoounts.

attorney to be struck off the Roll who comPassing over the historical part of the mitted the misdemeanor of practising, conwork relating to the high sheriff, and the trary to the Statute, whilst he held the great antiquity and honourable nature of office of under-sheriff; but the 6 & 7 Vict. his functions, we come to the under-sheriff

, c. 73, having expressly repealed that proan office peculiarly belonging to the larger hibitory enactment, the rule of Court was, branch of the Profession. The learned Ser- of course, in that respect abrogated. jeant thus states the mode of appointment

Under this head, the Author further proand authority of an under-sheriff':

ceeds to remark, that “Neither can the un“ One, who

der-sheriff nor his deputy act as a solicitor, an office of trust, cannot, at common law, make a deputy, without express attorney, or agent, or sue out any process at words in his patent or grant so to do.

any General or Quarter Sessions of the Peace “ The high sheriff' is an officer of great trust within the county under a penalty of 501., and confidence, and therefore he cannot (except and for this doctrine he cites 22 Geo. 2, c. he be enabled to do so by express words in his 46, and refers to Faulkener v. Chevell, 5 warrant of appointment, or by Act of Parlia- Ad. & E. 213; and Briggs v. Sowton, 9 ment) make any deputy in such things as con- Dowl. P. C. 105. cern his judicial power. Nor may he let or assign over his office in any manner ; for this

It is singular that the learned writer would, in effect, be a delegation of his judicial should also have forgotten that the 22 Geo. powers, which cannot be. In matters concern- 2, c. 46, and no less than 31 other Acts, ng his ministerial office, he may make, or ap- were repealed by the 6 & 7 Vict. c. 73, as point under him, an under-sheriff, bailiffs, &c., set forth in the first part of the first Sche. who may occupy their places in right of the dule to that Statute, as to “80 much as rehigh sheriff; and this he may do, although lates to attorneys and solicitors.3 there be no express words in the warrant of appointment to that effect. Formerly, the That Act only repealed so much of the I high sheriff was not obliged to appoint an Hen. 5, c. 4, as related to Fees. under-sheriff, but might have done all things The learned Serjeant cites only the 1 Vict. himself. It appears, also, that the under- c. 55, and seems to have overlooked the subsheriff might have been constituted by parol, sequent Act. or by writing; and the will and pleasure of 3 The 22 Geo. 2, c. 46, related also to locks the high sheriff; and, therefore, removable at and weirs, bread, cattle, quakers, &c.

Review : Atkinson on the Sheriff Law,

279 We take it to be quite clear, therefore, appoint a deputy. 3 & 4 Wm. 4, c. 99, s. that an attorney may now lawfully continue 5. The relation in which he stands to the his professional practice whilst holding the Court is thus described by the Author :office of under-sheriff,

“ The under-sheriff is not an officer of the The learned Serjeant next states the law Superior Court, except when he is acting as relating to the sale of the office of under- quasi high sheriff under the 3 Geo. 1, c. 15, s. sheriff, and the security to be given to the 8, or under the Mutiny Acts. He is the desheriff :

puty of the

high sheriff for all ministerial, and,

by Act of Parliament, for some judicial, pur“By the 3 Geo. 1, c. 15, s. 10, after reciting, poses. He does all things in the name of his that the office of under-sheriff

, and other offices principal; and his principal is civilly answerand places in the disposal of the high sheriff, able for his defaults, neglects, and the like, As had, of late years, been frequently sold, and a general rule, the high-sheriff only, who is the let to farm, contrary to the several Statutes officer of the Court, is chargeable, and not the theretofore made, for restraining sheriffs from under-sheriff; but some Acts of Parliament such practices, and contrary to the oath, and make the under-sheriff expressly liable for his duty of a sheriff; for remedy thereof it was en- own acts. The power to make bailiffs and acted that it shall not be lawful to or for any precepts is a necessary consequence of his deperson or persons whatsoever to buy, sell, let, putation, although the high sheriff does not or take to farm the office of under-sheri de- acquaint him therewith.7 The high-sheriff puty-sheriff, seal-keeper, county-clerk, shire- cannot appoint two deputy sheriffs extraorclerk, gaoler, bailiff, or any other office or place dinary. *All writs, &c., directed to the sheriff, pertaining to the office of high sheriff of any are usually delivered, at once, to the under. county or shire in England or Wales ; or to sheriff, to make out the proper warrants therecontract for, promise, or grant for money or on, which, as we have seen, he may do by force other reward or benefit, the said offices or of his deputation. He is obliged to receive places or any of them ; nor to give, take, pro- them in any place, and at all times, within the mise or receive any other consideration what- county, without anything other than such fees soever for the said office, or any of them, as the law allows; and to make out warrants directly or indirectly, by themselves or any thereon. The delivering out warrants, before person in trust for them, or for their use,' he has the writ in his custody, subjects him to under the penalty of 5001., recoverable in qui a penalty of 10l. Under the like penalty, tam action, such action, being commenced with every warrant must have the same day and in two years after the offence committed. But year set down thereon, as shall be set down on this Act did not, in this respect, extend to the writ itself.' London and Middlesex, Durham, or to the By the Stat. of 42 Edw. 3, c. 9, it was sheriffs of any city or town being a county of enacted that no sheriff, under-sheriff, nor itself. But by the 5 & 6 Anne, c. 31. 8. 8, it sheriff's clerk, abide in his office above one was declared that no skeriff of London and year;' but, by 1 Vict. c. 55, s. 1, the above is Middlesex shall accept, demand, take, or re- repealed, as relates to the time during which ceive of his or their under-sheriff directly or under-sheriffs and sheriffs' clerks may abide in indirectly, either by himself or any person or their respective offices." persons in trust for him or them, any sum or sumg of money, gratuity, or present whatsoever

With the exception to which we have refor the execution of the place of under.sheriff. ferred, we think the learned Serjeant has

Formerly, it was doubted whether the ably and accurately stated the law and high sheriff could take a security from his practice relating to the office of Sheriff, under-sheriff, to indemnify him from escapes, under-sheriffs, and deputies, and their variand the like; but, in Norton v. Simmes, it was ous rights, liabilities, and duties. held, that he might do so.

If the high sheriff (says Dalton) will sleep quietly, and take his repose in safety, he shall do well and wisely to Com. Dig. Tit, Viscount.

* Laicocks case, Latch, 187; Noy. 90, S. C.: look for and to take good security from his

5 Ante, p. 19. under-sheriff, before he do trust him with his

6 Parker v. Kett, 1 Salk. 96; Kitten v. office. Indeed, since the 3 Geo. 1, c. 15, s. 8. Fagg, 10 Mod. 288; Drake v. Sykes, ? T. R. sheriff , that the security given by the under-113; Bac. Abr. Tit. Sheriff: Com. Dig. Tit.

Viscount. sheriff and his pledge shall stand as a security, ? Parker y. Kett, suprà. to all persons, it seems to be no longer optional

8 Denny v. Trepnell, 2 Wil. 378. Whether a security is to be taken or not. There

9 See 3 & 4 Will. 4, c. 42, s. 20, as to the is the like provision in 2 & 3 Vict. c. 59, as to necessity of having a deputy resident within the under-sheriff's security to a militia officer called out into active service."

one mile of the Inner Temple Hall for all such

purposes. It may be added, that in case of the death 16 Geo. 1. c. 21, ss. 53, 54, Hall v. Roche, of the high sheriff, the under-sheriff be-8 T. R. 187. comes quasi high sheriff, and he may then

TAXATION OF COSTS AGAINST

SENTATIVE OF DECEASED

280

Law of Attorneys and Solicitors. LAW OF ATTORNEYS & SOLICITORS. of the 2 Geo. 2, c. 23, there was no power

to order taxation against the executor of a soREPRE- licitor ;' and in Maddeford v. Austwick, 3 Myl. SOLICITOR

& Cr. 423, Lord Cottenham points out the diffi

culty, not to say impossibility, of giving this OF CO-EXECUTORS.

summary relief against an executor, with a due It appeared that Mr. Vines had acted regard to the rights of other creditors. Under as the solicitor of the testator, Mr. Newell, the new statute (sect. 39], however (commonly from 1811 to 1816, and also on behalf of called Lord Langdale's Act), the right is expresse his co-executors until the year 1831, upon ly given against the executor of a solicitoraswell being appointed to such office on Mr. as against the solicitor himself; and assuming

the statute to apply to the executor of a solici Newell's death in 1816. His son, in fa

tor who had died before the passing of the vour of whom he relinquished business, Act, what we have to decide is, whether this is then acted as the solicitor of the executors. a case in which we ought to put the provisions Mr. Vines was chief acting executor, and of the statute into operation. We think sot, died in January, 1841, and Mr. Shackell, This is not a case in which anything is claimed the sole surviving executor, died in June, by or on behalf of the representatives of Mr. 1850, intestate, and his widow administered Vines, sen.; on the contrary, it is admitted by to his estate, and in October, 1851, ob- settled in his lifetime. He has now been dead

his executor that all his demands were fully tained the usual order at the Rolls for de- nearly 12 years, and has ceased to act as solici, livery by Mr. Vines, jun., and by Messrs. citor for above 20 years; and in addition to all Vines and Hobbs of fees and disbursements this, there has been a decree in a suit instituted claimed to be due from the year 1811 to the for the purpose of administering the estate of year 1848 inclusive, and for taxation thereof. Mr. Newell, in which the executor of Mr. On an appeal from this order,

Vines, sen., has or might have been called on Lord Cranworth, L. J., said, “ The question retained by him out of the assets of Mr.

to account for all sums of money paid to or is now brought before us by way of appeal, and Newell in discharge of his bills of costs. Under with additional evidence beyond that which these circumstances, in the absence of all was laid before the Master of the Rolls ;. so that what we have to decide is, not what order feel that we should be warranted in ordering,

proof of imposition or overcharge, we do not should have been made at the Rolls, but what the delivery or taxation of the bills of costs of order we ought now to make on all the evi- Mr. Vines, sen., on the present petition. Our dence before us, “ The bills of which taxation is sought re

only jurisdiction as to these bills is that founded late to several distinct periods of time: 1st, to justify us in its exercise.

on the statute, and no sufficient case is made there are the bills of costs which became due

“ The next class of bills consists of those from Mr. Newell to Mr. Vines, sen. ; 2ndly, which became due to the present Mr. Vines the bills that became due from Mr. Newell's from the year 1831 up to the death of his executors to Mr. Vines, sen., from the death father in 1841. Mr. Vines objects to any of Mr. Newell, in 1816, up to the year 1831, order calling on him to deliver these bills, or when Mr. Vines, sen., ceased to act as solici- to submit to a taxation of them, on the ground tor; 3rdly, the bills which became due from the that they were all regularly delivered to his executors to the present Mr. Vines during the father, the then acting executor, and after such life of his father; 4thly, the bills which have delivery were from time to time regularly paid. become due from the executors, first to Mr. The evidence on this subject, part of which was Vines alone, and then to Messrs. Vines and not before the Master of the Rolls, appears to Hobbs from the death of Mr. Vines, sen., us to establish the truth of what is so insisted other than the four bills already delivered.

on by Mr. Vines.

The sta"With respect to the first two sets of bills : tutable authority for ordering delivery and tax. those which became due to Mr. Vines, sen., ation of a solicitor's bill is to be found in the first from Mr. Newell himself and afterwards 37th section of the 6 & 7 Vict. c. 73, and the from his executors, it is to be observed that provisions of that section seem confined to the the jurisdiction in this case, if there is any case of bills not already paid; but then by jurisdiction, must rest wholly on the Statute of sect. 41 it is enacted, that payment shall not the 6 & 7 Vict. c. 73, s. 37. The relief sought preclude the Court from referring a bill for is not relief asked in any cause pending in the taxation if special circumstances shall seem to Court, nor relief asked against any

person by require it, provided the application for such reason of his being an officer of the Court; the relief is asked against the executor of a de- Lee v. Knight, Barnes, 119; Chapple v. Chapceased solicitor, and though it happens in this man, ib. 122; Wallis v. Nicholson, Andrews, case that the executor is himself a solicitor, yet 276; Gregg's case, 1 Salk. 89, Sed. vide Weston that is obviously an accident which cannot v. Pool, 2 Str. 1056; Penson v. Johnson, 4 Taunt. found any jurisdiction against him. The right 727, in which a taxation was directed, but a bill of the Court to interfere, therefore, depends need not have been delivered by an executor besolely upon the statute. Now it was dis- fore commencing an action: Spink v. Hare, I tinctly decided that, under the former statute Barnard, 433; Barret v. Moss, i C. & P. 3.

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