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New Statutes effecting Alterations in the Law. Provision for sale of stamps ; s. 17. said Court; and any such answers may be filed

Commissioners of Inland Revenue may without any further or other formality than is make regulations as to allowance for spoiled required in the swearing and filing of an affi

davit. stamps ; s. 18. Provisions of former Acts relating to commission for the examination of any wit

6. It shall not be necessary to sue out any stamps to be applicable to stamps under nesses in any matter, suit, or proceeding in the this Act; s. 19

said Court; and any examiner appointed by No document to be received or used any order of the said Court shall have the like unless stamped ; s. 20.

power of administering oaths as Commissioners Officers guilty of fraud or wilful neglect now have under commissions issued by the in relation to stamps liable to be dismissed ;

Court for the examination of witnesses. s. 21.

7. All answers, examinations, affidavits, dePower to Treasury to order pensions for and attestations in or relating to any matter,

positions on oath, declarations, affirmations, retiring officers ; s. 22.

suit, or proceeding in the said High Court of Provisions to extend to instance, prize, Admiralty shall and may be sworn and taken in and other matters ; s. 23.

England and Wales before any such Commis

sioner appointed as aforesaid, or before any The following are the Title and Sections magistrate or justice of the peace, or before of the Act :

any Commissioner to administer Oaths in Chan

cery. An Act to appoint Persons to administer

8. All answers, examinations, affidavits, deOaths, and to substitute Stamps in lieu of positions on oath, declarations, affirmations, Fees, and for other purposes, in the High and attestations in or relating to any matter, Court of Admiralty of England.

suit, or proceeding in the High Court of Ad[7th August, 1854.]

miralty of England shall and may be sworn Whereas doubts have arisen whether the and taken in Scotland or Ireland, or the Isle of “ Commissioners to administer Oaths in Chan- Man, or the Channel Islands, or any of them, cery” may lawfully administer oaths, or take or in any colony, island, plantation, or place declarations, affirmations, or attestations, in the under the dominion of her Majesty in foreign High Court of Admiralty of England: and parts, before any Judge, Court, magistrate, whereas it is expedient that fit and proper notary public, or person lawfully authorised to persons should be forthwith appointed for administer oaths in such country, island, or such purposes ; and it is also expedient to pro-plantation, or place respectively, or before any vide for the collection of the fees payable in re- of her Majesty's consuls or vice-consuls in any lation to proceedings in the said Court by foreign parts out of her Majesty's dominions ; means of stamps to be provided and used for and the Judge and other officers of the said the purpose: be it enacted as follows: High Court of Admiralty shall take judicial

1. This Act may for all purposes be cited as notice of the seal or signature, as the case may the "Admiralty Court Act, 1854."

be, of any such Judge, Court, magistrate, 2. This Act shall come into operation on the notary public, person, consul, or vice-consul 1st day of August, 1854.

attached, appended, or subscribed to any such 3. It shall be lawful for the Judge of the answers, examinations, affidavits, depositions High Court of Admiralty of England, and he on oath, declarations, affirmations, and attesis hereby empowered, from time to time and tations, or the documents to be used in the as and when he may think fit, to appoint any said Court. person practising as a proctor, solicitor, or 9. All persons swearing, declaring, affirming, notary public in any part of England and Wales or attesting before any person authorised by to administer oaths and take declarations, af- this Act to administer oaths and take declarafirmations, and attestations in or relating to tions, affirmations, and attestations, shall be any matter, suit, or proceeding in the High | liable to all such penalties, punishinents, and Court of Admiralty of England ; and such consequences for any wilful and corrupt false persons shall be styled "Commissioners to ad- swearing, declaring, affirming, or attesting conminister Oaths in Admiralty," and shall be tained therein, as if the matter sworn, declared, entitled to charge and take a fee of 1s. 6d. for afirmed, or attested had been sworn, declared, every oath administered by them, and for every affirmed, or attested before any Court or perdeclaration, affirmation, and attestation, taken son now by law authorised to administer oaths by them, subject to any order of the Judge of and take declarations, affirmations, and attestathe said Court varying or anpulling the same. tions,

4. The fiat or document by which any such 10. If any person shall forge the signature or Commissioner shall be appointed shall bear a the official seal of any Commissioner, Judge, stamp of 1l., and it shall not be necessary that Court, magistrate, notary public, or other person any such appointment should be published in lawfully authorised to administer oaths and take the London Gazette,

declarations, affirmations, or attestations under 5. It shall not be necessary to sue out any this Act, or shall tender in evidence any ancommission to take the personál answers of any swers, examination, deposition on oath, departy in any matter, suit, or proceeding in the claration, affirmation, attestation, or other ju

Nex Statutes effecting Alterations in the land.

297 dicial or official Ancument, with a false or where any fee sh 'i be payable in respect of counterfeit signature or seal of any such Com- any document, suc.8: :"., shall, at the expense missioner, Judge, Court, magistrate, notary of the party liable to pay, and in such manner public, or other person authorised as aforesaid, and under such regulations as shall by any attached or appended thereto, knowing the order of the Judge of the said Court be disame signature or seal to be false or counter- rected, be stamped or affixed on the vellum, feit

, every such person shall be guilty of felony, parchment, or paper on which the proceeding and shall be liable to the same punishment as in respect whereof such fee is payable is writany offender under an Act passed in the 8 & 9 ten, printed, or engrossed, or which may be Vict., intituled “An Act to facilitate the Ad- otherwise used in reference to such proceeding. mission in Evidence of certain official and other 16. The Commissioners of Inland Revenue Documents."

shall from time to tiine and as occasion shall 11. The Judge of the High Court of Ad require give the necessary directions for carmiralty of England may, whenever it shall ap- rying the same into effect, and shall provide pear to hịın necessary so to do, authorise any everything that is requisite for that purpose, person to administer oaths and to take affi- and shall do or cause to be done everything davits, depositions on oath, declarations, af. that is necessary for the receipt and collection firmations, and attestations during the time of the money to be paid for such stamps, and such person shall be on the high seas, or in any the said Commissioners shall cause separate place not within her Majesty's dominions, in and distinct accounts to be kept of all sums of or relating to prize proceedings in the said money received or collected by them in respect Court

, and it shall not be necessary to affix of the sale of such stainps, and of all costs, any stamp to the fiat or document by which charges, and expenses incurred by them, or by any such person shall be appointed.

their direction, in carrying the same into effect. 12. Nothing herein contained shall abridge 17. The Commissioners of Inland Revenue or lessen the power of the Judge of the said may, if they think it necessary to do so, authoHigh Court of Admiralty of England as it now rise proper persons for the sale and distribu, exists to issue comissions as heretofore, and tion of all or any of the stamps to be used to appoint fit persons to administer oaths, de under this Act, and may allow to such persons clarations, affirmations, and attestations, and the usual or customary discount or poundage generally to execute any commissions, nor shall thereon. affect in any manner the power of the Judge 18. The Commissioners of Inland Revenue or surrogates of the said Court to administer shall from time to time make such regulations oaths and take affidavits, depositions on oath, as they shall think fit for the allowance of such declarations, affirmations, and attestations as stamps issued under the provisions of this heretofore, in or relating to any matter, suit, or Act as may have been spoiled or rendered proceeding in the said Court.

useless or unfit for the purpose intended, or 13. In all cases in which a party has a cause for which the owner may have no immediate or right of action in the High Court of Ad- use, or which through mistake or inadvertence miralty of England against any ship, or freight, may have been improperly or unnecessarily goods or other effects whatever, it shall not be used, and such allowance shall be made either necessary to the institution of the suit for such by giving other stamps in lieu of the stamps person to sue out a warrant for the arrest so allowed, or by repaying the amount or thereof, but it shall be competent to him to value to the owner or holder thereof, after de. proceed by way of monition, citing the owner ducting the discount or poundage (if any) alor owners of such ship, freight, goods or other lowed on stamps of the like kind. effects to appear and defend the suit, and upon 19. The provisions contained in the several satisfactory proof being given that the said acts for the time being in force relating to monitin has been personally served upon such stamps under the care or management of owner of owners, the said Court may proceed the Commissioners of Inland Revenue shall to hear and determine the suit, and may make (so far as the saine are applicable and consueh order in the preinises as to it shall seein sistent with the provisions of this Act), in all right

cases not hereby expressly provided for, be of 14. Her Majesty may by order in Council full force and effect with respect to the stamps from time to tirne vary, alter, or abolish all or to be provided under or by virtue of this Act, any of the fees payable in relation to proceel and to the vellum, parchment, or paper on or ings in the High Court of Admiralty of Eng. to which the same starps shall be impressed : land, and may substitute one or more fee or for affixed, and be applied and put in execution fees in lieu thereof, and may direct that all or for collecting and securing the sums of money any of such fees shall, froin a day to be nained denoted thereby, and for preventing, detecting, in such order and thenceforth, he collected by and punishing all frauds, forgeries, and other means of stamps, to be provided and used' in offences relating thereto, as fully and effectually manner hereinafter-mentioned.

to all intents and purposes, as if such provi15. From and after the day vamed in such sions had been herein repeated and specially order the fees directed by such order to be re-enacted with reference to the 'said last-menceived by stamps shall not be received in tioned stamps and sums of money respectively. money, but by a stamp denoting the amount of 20. No document which by any order as the fee which otherwise would be payable; and l'aforesaid ought to have had a stamp impressed

298

New Statutes effecting Alterations in the Law. thereon or affixed thereto shall be received or amend the Statutes relating to the Assessment filed or be used in relation to any proceeding and Collection of County Rates in England in the High Court of Admiralty, or be of any and Wales," it was, among other things, provalidity for any purpose whatsoever, unless or vided, that from and after the passing of the said until the same shall have a stamp impressed Act it should be lawful for the justices of the thereon or affixed thereto in the manner di- peace, in any county in England and Wales, in rected by such order : provided always, that if General or Quarter Sessions assembled, to ap. at any time it shall appear that any such docu- point any number of justices, not exceeding 1! ment which ought to have had a sta im- in number nor less than five, to be a Committee pressed thereon or affixed thereto has, through for the purpose of preparing a hasis or standmistake or inadvertence, been received or filed ard for the assessing of county rates, and that or used without having such stamp impressed it should be lawful for the justices of the peace thereon or affixed thereto, the Judge of the assembled at their General or Quarter Sessions said Court may, if he shall think fit, order that to order and direct a fair and equal county rate a stamp, not exceeding in value four times the to be made according to the basis or standard amount of such original stamp, shall be im- for the time being in force: and whereas there pressed thereon or affixed thereto; and there are divers boroughs not being within the proupon, when the proper stamp shall, in compli- visions of the Municipal Corporation Acts in ance with such order, have been impressed on which borough rates in the nature of county such document or affixed thereto, such docu- rates have heretofore been made under the ment, and every proceeding in reference there- various Acts repealed by the said Act of the 15 to, shall be as valid and effectual as if such & 16 Vict. c. 8i, and which boroughs have not stamp had been impressed thereon or affixed as many as five justices of the peace: and thereto in the first instance.

whereas doubts have arisen whether since the 21. If any officer of the High Court of Ad. passing of the said Act of the 15 & 16 Vict. c. miralty, or other person, shall do or commit 81, a rate in the nature of a county rate can be or connive at any fraudulent act or practice in made in such boroughs by reason of the want relation to any stamp to be used under the of a sufficient number of justices: and whereas provisions of this act, or to any fee or sum of it is expedient to remove such doubts, as also money to be collected or which ought to be to amend the law in respect to the making of collected by means of any such stamp, or if any such rates in the said boroughs : be it therefore such officer or person shall be guilty of any enacted as follows: wilful act, neglect, or omission in relation to 1. From and after the passing of this Act it any such stamp or fee as aforesaid, whereby shall and may be lawful for the justices of the any fee or sum of money which ought to be peace in any borough not being within the collected shall be lost, or the payment thereof provisions of the Municipal Corporation Act, evaded, every such officer or person so offend- and not being liable to contribute to any county ing may be dismissed from his office of em- rate, from time to time to make and levy within ployment by the Judge of the said Court. their borough a borough rate in the nature of a

22. It shall be lawful for the Commissioners county rate for defraying any expenses incurred of her Majesty's 'Treasury, on the recommenda- before the passing of this Act, and which may tion of the Judge of the High Court of Admi- hereafter be incurred for all or any of the pur. ralty, to order to be paid to any person now or poses defined in the Municipal Corporations' hereafter holding any office or employment in Act, 1835, as purposes for which a borough the said Court, who shall be aicted with rate may be levied; and for that purpose the some permanent infirmity disabling him from justices of such borough and all persons actthe due execution of his office, or shall be ing under their authority shall, within their desirous of resigning the same, a superannua- borough, have all the powers and protection tion or allowance; and in ascertaining and which were given to justices of the peace by awarding the amount of such superannuation virtue of the Act made in the 55 Geo. 3, in the or allowance the same Commissioners shall said Municipal Corporations' Aci mentioned, proceed according to the principles laid down and all powers given to town councils by any in the Act of the 4 & 5 Wm. 4, c. 24.

Acts since passed concerning the making and 23. Except where it shall be otherwise ex- levying of borough rates in horoughs being pressed, the provisions of this Act shall apply within the Municipal Corporations' Act, 1835, to all instance, prize, and other matters, suits, or as near thereto as the nature of the case will and proceedings of which the High Court of admit: provided always, that such borough Admiralty may legally take cognizance. justices shall not be empowered to hear or de

termine any appeal against any such rate; and BOROUGH RATES.

if any person shall think himself aggrieved by 17 & 18 Vicr. c. 71.

any such rate, it shall be lawful for him to apAn Act to amend the Law concerning the such rate has been made, or in case there shall

peal to the recorder of the borough in which making of Borough Rates in Boroughs not be no recorder within such borough, then to within the Municipal Corporation Acts. the justices at the next Court of Quarter Ses

[31st July, 1854.]

sions for the county within which such borough Whereas by an Act of the 15 & 16 Vict. c. is situate, or whereunto it is adjacent, and such 81intituled An Act to consolidate and recorder or justices respectively shall bave

299

ACKNOWLEDGMENT OF

New Statutes effecting Alterations in the Law.– New Order in Lunacy. power to hear and determine such appeal, and good faith under such circumstances should to award relief in the premises as in the case be invalidated : Be it therefore enacted, as of an appeal against any county rate : and all follows :sums of money levied in pursuance of such 1. No deed which has been acknowledged borough rate shall be paid over to the treasurer or which shall hereafter be acknowledged by a of the borough for the time being, and be ap- married woman before a Judge of one of the plied by him for the purposes for which the Superior Courts of Westminster, or a Master same are applicable as hereinbefore-mentioned. in Chancery, or before two of the Perpetual

Commissioners or two Special Commissioners DEEDS BY MAR- appointed as by the said Act is required, shall RIED WOMEN.

Le impeached or impeachable at any time after

the certificate of such acknowledgment has 17 & 18 Vict. c. 75.

been filed of record in the Court of Common The preamble recites 3 & 4 Wm. 4, c. Pleas at Westminster, by reason only that such 74.

Judge or Master in Chancery, or such ComAcknowledgment of deeds not impeach- missioners, or either of them, was or were inable by reason only of party before whom terested or concerned, either as a party or

parties, or as attorney or solicitor, or clerk to same was taken being interested ; s. 1.

the attorney or solicitor of one of the parties, Staying proceedings for quashing certifi- or otherwise, in the transaction giving occasion cate of acknowledgment; s. 2.

for such acknowledgment. Court of Common Pleas may make rules 2. Provided, that if any proceeding institutfor preventing Commissioners who are in- ed before the 13th day of July, 1854, in the terested from taking acknowledgments ; s.

said Court of Common Pleas, for the purpose 3.

of quashing or taking off the file of records of the said Court any certificate of an acknow

ledgment of a deed by a married woman, on The following are the Title and Sections the ground that such Judge or Master in of the Act:

Chancery, or either of such Commissioners, An Act to remove Doubts concerning the due was interested or concerned as aforesaid, shall

Acknowledgment of Deeds by Married Wo. be pending at the passing of this Act, it shall men in certain Cases. [7th August, 1854.]

be lawful for the said Court to proceed with

and dispose of the same as if this Act had not Whereas by the Act passed in the Session passed, except that if the said Court shall be of Parliament holden in the 3 & 4 Wm. 4, c. satisfied that any person or persons acting 74, “ for the Abolition of Fines and Recoveries, boná fide has or have been induced by the and for the Substitution of more simple Modes terms of the order made by the said Court in of Assurance," it is provided that every deed Hilary Term, 1834, to acknowledge, or to acto be executed by a married woman for arıy of cept a title depending on the acknowledgment the purposes thereof, except such as may be of, any deed or deeds before Commissioners, executed by her in the character of protector one of whom may have been interested or confor the sole purpose of giving her consent to the cerned as aforesaid, the said Court may refuse disposition of a tenant in tail, shall, upon her to permit the certificate to be quashed or taken executing the same or afterwards, be produced off the file on such terms as to the payment of and acknowledged by her as her act and deed costs and expenses as the said Court shall before a Judge of one of the Superior Courts think fit to make. at Westminster, or a Master in Chancery, or 3. The Court of Common Pleas may from before two of the Perpetual Commissioners or time to time make any rules which to them two Special Commissioners to be respectively may seem fit for preventing any Commissionappointed as therein provided, and a certificate ers interested or concerned as aforesaid from of the taking of such acknowledgment is there- taking any acknowledgment under the said by directed to be lodged with some officer of recited Act, anything herein contained to the the Court of Common Pleas at Westminster, contrary notwithstanding, so nevertheless that who is directed, after satisfying himself that no such rule shall make invalid any acknowthe requisitions of the said Act have been com- ledgment after the certificate shall have been plied with in manner therein mentioned, to filed of record as aforesaid. cause the said certificate to be filed of record in the said Court of Common Pleas : and

NEW ORDER IN LUNACY. whereas it is apprehended that deeds executed by married women under the provisions of the said Act may be liable to be invalidated by the

CHANCERY FOLIos. circumstance that the Judge, or Master in

July 3rd, 1854. Chancery, or one or both of the Commis

I, ROBERT MONSEY, Baron Cranworth, sioners, taking the acknowledgment, may be Lord High Chancellor of Great Britain, inor may have been interested or concerned, trusted, by virtue of her Majesty the Queen's either as a pariy or otherwise, in the transac- Sign Manual, with the care and commitment tion giving occasion for such acknowledgment, of the custody of the persons and estates of and it is not expedient that deeds executed in persons found idiot, lunatic, or of unsound

that is to say,

300 New Order in Lunacy.-Review : Bourdin's Exposition of the Land Tax. mind, do with the advice and assistance of the wise, are unable to present similar increase in Right Hon. Sir James Lewis Knight Bruce, value, maintain nearly the original rate of reand the Right Hon. Sir George James Turner, partition of their quota. It is thus that such the Lords Justices of the Court of Appeal in places as Liverpool, Manchester, Preston, Bath, Chancery; also being intrusted as aforesaid, Brighton, &c., now contribute a rate from one and by virtue and in exercise of the powers or farthing to one penny in the pound only, when authorities in this behalf vested in me by the others pay a shilling pound rate ; and that in Lunacy Regulation Act, 1853, and of every the metropolitan districts of St. Paul's, Covent other power or authority, in anywise enabling Garden, St. Mary-le-Strand, and St. Ann's, me in this behalf, order and direct as follows, and others, the assessment varies from one to

two shillings in the pound, and upwards ; From and after the 5th of July, 1854, all whilst the quotas of St. Pancras, Marylebone, office copies and other copies of proceedings, and Paddington, may be levied at a less rate and documents in matters in lunacy, shall be than one penny. The quotas of land tax being counted and charged for after the rate of 72 no longer subject to revision, as when the words

per folio, and where such copies or any tax was voted annually, the revenue is excluded portion thereof shall comprise columns con- from deriving any benefit from the improving taining figures, each figure shall be counted condition of the property liable to the duty in and charged for as one word.

question."
(Signed) CRANWORTH, C.
J. L. Knight BRUCE, L. J,

And he subsequently adds that-
J. G. TURNER, L. J.

** Although the quotas upon parishes cannot

be varied, they are to be yearly raised in such NOTICES OF NEW BOOKS. parishes by an equal pound rate upon all the

lands, &c., therein; and, were this statutory

provision duly carried out, the rate now paid An Exposition of the Land Tax, its As- by many parishes would be materially lessened.

sessment and Collection ; and the Rights It should be remembered, howerer, that the and Advantages conferred by the Re- superintendence of the Government in raising demption Acts. By Mark B. BOURDIN, the land tax is restricted to the obtaining of the of the Inland Revenue Office, Somerset full amount of the sum in charge upon the Honse. London: T. F. A. Day. 1854. parishes, &c., the assessment of the tax upon

individuals, being intrusted to the district ComTue unequal pressure of the land tax on missioners, and the officers they may appoint ; different localities has lately been the sub- as the law assumes, that from their local knowject of loud and just complaint; but it ap- ledge, they possess the readiest means both of pears that the enactments bearing upon it, fairly portioning the rate, and of equitably adwere not sufficiently considered when the justing any dispute between the contributors. applications were made to the Court of At the time when the land tax was voted yearly, Queen's Bench, to compel the Commis full and explicit directions contained in the

this duty was rendered sufficiently easy, by the sioners of certain districts to make new annual Acts; but, since the passing of the assessments. The present concise work by Land Tax Redemption Act, and the several Mr. Bourdin has been very opportunely Statutes which followed, for altering and fa, published, and furnishes very valuable in- cilitating the operation of that measure, and formation on the subject. If the Superior for amending the mode of levying the tax : the Courts can afford no redress, an appeal must due execution of the provisions now in force, be made to Parliament, and the Author's imposes considerable trouble and research on labours will usefully aid in the amendment all upon whom it devolves.” of the law.

From the passing of the first Land Tax It seems to have been overlooked that Acts till the year 1798, the tax was voted the Land Tax Redemption Act of 1798 annually, and the amount to be raised and rendered the quota payable by the several the rate was fixed for the year.

The towns and places in Great Britain a fixed Author observes thatand perpetual charge; and Mr. Bourdin justly observes

“In the year 1798, the usual Act was passed

for granting the Land Tax for the service of “ That many towns and parishes which in that year. This Act, the 58 Geo. 3, c. 5, dithat year might have been paying a quota of rected the sum of 1,989,6731. to be raised in tax proportionate to the then annual value of England and Wales, and fixed the contingent the land, &c., within their limits, would at the for Scotland at 47,9547, which sum was the present day, by reason of their increased wealth/ amount paid by that country since the Union. and extent, be contributing a sum far in- ' In accordance with the established practice, adequate to the ratio of their modern value. the Act mentioned the quotas to be set upon On the other hand, parishes, which, half a counties and certain divisions, towards raising century ago, were populous and flourishing, the amount to be paid in England and Wales, and, by their aceidents of situation or other- and required that sneh quotas should be still

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