« EelmineJätka »
New Statutes effecting Alterations in the Law. Commons' Inclosure (No. 2), c. 48, p. 254. High Court of Chancery or service to be Cruelty to Animals, c. 60, p. 275. effected out of the jurisdiction ; (s. 8). Ecclesiastical Jurisdiction, c. 65, p. 276. Suits transferred to be proceeded with Highway Rates, c. 52, p. 276.
according to the practice of the Court of Turnpike Trusts’ Arrangements, c. 51, p. 276. Chancery, &c. ; (s. 9). Admiralty Court, c. 78, p. 295.
Provisions of recited Act as to enforcing Borough Rates, c. 71, p. 298.
decrees, &e., of Court of Chancery to apply Acknowledgment of Deeds by Married Wo-to Court of Appeal; (s. 10).
All the powers and authorities of the men, c. 75, p. 299.
Trustee Act, 1850, and the 15 & 16 Vict. Stamp Duties, C. 83, p. 317.
c. 55, shall extend to lands and personal Court of Chancery, c. 100, p. 334.
property in the County Palatine ; (s. 11). Bankruptcy, c. 119, p. 335.
Powers of Court of Chancery to deal Real Estate Charges, c. 113, p. 339. with property of infants, &c., and in the
Common Law Procedure Act, 1854, c. 125, administration of assets to be exercised by pp. 356, 376.
Palatine Court; (s. 12). Usury Laws Repeal, c. 90, p. 396.
Monies payable under 13 & 14 Vict: c. Bribery Act, c. 102, pp. 397, 415.
43, s. 12, into the Bank of England may Youthful Offenders, C. 86, p. 418.
be paid into branch bank within the County Palatine ; (s. 13).
Provision as to costs and Appeal; (s. 14). COURT OP CHANCERY, COUNTY PALATINE
Short titles; (s. 15). 17 & 18 Vict. c. 82. The Preamble recites the 13 & 14 Vict. The following are the titles and sections
of the Act: Formation of Court of Appeal in Chan- An Act further to improve the Administration cery of the County Palatine ; (s. 1).
of Justice in the Court of Chancery of the Powers, &c., of Court of Appeal may be
County Palatine of Lancaster. exercised by Lords Justices, &c. Saving
[7th August, 1854.] rights of the Chancellor sitting alone;
Whereas an Act was passed in the Session
of Parliament 13 & 14 Vict. c. 43, intituled (s. 2). Decrees, &c., of the Court of Appeal ings of the Court of Chancery of the County
“ An Act to amend the Practice and Proceedmay be appealed from to the House of Palatine of Lancaster : and whereas according Lords; (s. 3).
to the present practice the jurisdiction in matDecision of the majority to be binding, ters of appeal from the said Court of Chancery and if Court equally divided decree to be is exercised by the Chancellor of the Duchy affirmed ; (s. 4).
and County Palatine of Lancaster in the Court Court of Appeal to make regulations for of the Duchy Chamber at Westminster, and sittings and business of the Court, and sitting with two Judges of assize for the said officers now attendant on the Chancellor in of the said jurisdiction has been attended with
for the time being; and such exercise matters of appeal to be the officers of the much expense and inconvenience, and it is exCourt of Appeal ; (s. 5).
pedient to provide for the exercise thereof in a Powers given by the recited Act to the more convenient manner, and also to make Chancellor, with the advice and consent of further provision for the administration of justhe Vice-Chancellor of the County Palatine tice in the said Court of the County Palatine : and one of the Vice-Chancellors of the High be it enacted as follows :Court of Chancery, to be exercised with the Palatine of Lancaster and the two Lords Jus
1. The Chancellor of the Duchy and County advice and consent of the Lords Justices of tices of the Court of Appeal in Chancery shall Appeal in Chancery and the Vice-Chancel- form the Court of Appeal in Chancery of the lor of the County Palatine; (s. 6). said County Palatine.
Court of Appeal may make orders for the 2. All the jurisdiction, powers, and authoriprotection of wards or other persons entitled ties of the Court of Appeal may be exercised to the protection of the Court of Chancery either by one only of the said Lords Justices of the County Palatine, and for punishment and the Chancellor of the said Duchy and of contempt of Court, to have the effect of of Appeal, or by both of the said Lords Jus
County Palatine, sitting together as such Court orders of the High Court of Chancery ; tices sitting as such Court apart from the (s. 7).
Chancellor of the said Duchy and County PaIn cases where parties are out of the ju- latine: provided always, that the Chancellor of risdiction, Court of Appeal may either direct the said Duchy and County Palatine way, the cause or matter to be transferred to the while sitting alone or apart from the said Lords New Slututes effecting Alterations in the Law.
439 Justices, have and exercise the like jurisdic- of pleadings and other proceedings ; and also tions, powers, and authorities as might have to regulate the taxation, allowance, and paybeen exercised by the Chancellor of the said ment of costs, and all other the business of the Duchy and County Palatine sitting alone, if said Court: be it enacted, that all the powers this Act had not been passed.
thereby given to the Chancellor of the said 3. All decisions, decrees, or orders of the Duchy and County Palatine of Lancaster shall Court of Appeal shall be subject to appeal to not, from and after the passing of this Act, be the House of Lords in the cases and under the exercised with such advice and assistance as conditions in and under which the like deci- aforesaid, but shall be exercised with the adsions and decrees or orders of the Chancellor vice and consent of one of the Lords Justices of the said Duchy and County Palatine, sitting of Appeal in Chancery for the time being and alone, or together with any other person or che Vice-Chancellor of the said County Palapersons, would have been subject to such ap- tine for the time being. peal if this Act had not been passed.
7. In all cases in which, by reason of any 4. The decision of the majority of the Court person being out of the jurisdiction of the of Appeal shall be taken and deemed to be the Court of Chancery of the said County Palatine, decision of the said Court; and if the Judges or otherwise, effectual protection cannot be of the Court be equally divided in opinion on given to any ward of the said Court, or to any any cause or matter brought before the Court executor, administrator, officer of the Court, by way of appeal, the decree or order appealed or other person entitled to the protection of from shall be taken and deemed to be affirmed. the said Court, against any action, suit, or
5. The Court of Appeal shall make such re- other proceeding, or in which, for the same gulations as may from time to time be neces- reason or otherwise, any contempt of the said sary for fixing and regulating the sittings and Court cannot be effectually punished, it shall business of the Court; and the registrar and be lawful for the Court of Appeal, upon the other officers who, according to the existing application of any person concerned, to make practice, are attendant upon the Chancellor of such order or orders for the protection of such the said Duchy and County Palatine in mat- ward, or of such executor, administrator, officer ters of appeal in his Chancery shall be the re- of the Court, or other person as aforesaid, or gistrar and officers of the Court of Appeal, and for the punishment of any such contempt, as shall be in like manner attendant upon the said to the said Court of Appeal shall seem just, Court of Appeal : provided always, that any and according to the practice of the High order of the said Court of Appeal may and Court of Chancery in like matters ; and every shall be drawn up by any registrar of the such order shall have the same operation and High Court of Chancery, if so directed by the effect as an order of the High Court of Chansaid Lords Justices or either of them. cery, and shall and may be enforced, and all
6. Whereas it was enacted by the first sec- proceedings shall and may be had thereupon, tion of the said recited Act that it should be as if the same had been made by that Court. lawful, from and after the passing of the said In all cases in which
any person Act, for the Chancellor of the Duchy and be a necessary or proper party to any suit or County Palatine of Lancaster for the time be- other matter in the Court of Chancery of the ing, with the advice and consent of the Vice- said County Palatine shall not be subject to Chancellor of the said County Palatine for the the jurisdiction of the said Court, it shall be time being, and one of the Vice Chancellors of lawful for the Court of Appeal, on the applicathe High Court of Chancery, to be named forthat tion of the plaintiff in such suit, or of any perpurpose by writing under the hand of the Lord son to whom the conduct of such suit may High Chancellor or other officer having the have been committed, or of the party proceedcustody of the great seal, or (if more than one) ing in such other matter, if that Court shall of the Chief Commissioner or officer having think fit, and according as it shall appear to such custody, by any rules or orders to be by that Court best calculated to answer the ends him from time to time made, with such advice of justice, either to order and direct that the and consent as aforesaid, to make such altera- said suit or other matter be transferred to the tions as to him might seem expedient in the High Court of Chancery, or otherwise to order form of writs and commissions, and the mode and direct that such service as may be proper of sealing, issuing, executing, and returning be effected upon such person out of the juristhe same; and also in the form of and mode diction of the said Court of the said County of filing bills, answers, depositions, affidavits, Palatine, and such application shall be made or other proceedings; and in the form or mode either ex parte or upon such notice as the said of obtaining discovery by answer in writing or Court of Appeal shall think fit : provided, neotherwise ; and in the form or mode of plead- vertheless, that if such order for service shall ing and of taking evidence ; and generally of have been made without notice to any person proceeding to obtain relief in the Court of affected thereby, it shall be lawful for the Chancery of the said County Palatine, and in Court of Appeal, upon the subsequent applicathe general practice of the said Court; and tion of any such person, to make such order also in the form and mode of proceeding be- for transferring the said suit or other matter to fore the registrar of the said Court; and of the High Court of Chancery, or otherwise, as drawing up, entering, and enrolling orders and to the said Court of Appeal shall seem just. decrees, and of making and delivering copies 9. In case such suit or matter shall be dje
New Statutes effecting Alterations in the Law. rected to be tranferred as aforesaid, all proceed- Judge thereof migh: exercise in the like matings therein shall be transmitted by the officer ters: but whereas doubts are entertained as to of the Court of the said County Palatine to the the extent of the jurisdiction of the said Court proper officer of the High Court of Chancery, of Chancery of the said County Palatine with to be filed, and the same shall thereafter be respect to trust estates within the said County proceeded with according to the practice of that Palatine, so far as relates to the provisions of Court; and in case service shall be directed as the said Trustee Act of 1850, subsequent to aforesaid, the same shall be of such and the the 21st section, and to the provisions of the same force and effect, and such and the same said Act of the 15 & 16 Vict. c. 55 : be it proceedings may be had thereupon, as if ser-enacted, that all the powers and authorities vice had been duly effected within the juris- given by the said Trustee Act of 1850, and by diction of the said Court of the said County the said Act of the 15 & 16 Vict. c. 55, to the Palatine.
Court of Chancery in England, and all the · 10. The provisions in the said recited Act provisions therein contained, shall and may be contained for enforcing decrees and orders exercised in like manner, and are hereby given made by the Court of Chancery of the said and extended to the said Court of Chancery of County Palatine, by making them decrees or the said County Palatine, with respect to all orders of the High Court of Chancery, shall lands aud personal estate within the said extend and apply to decrees or orders made by County Palatine: provided always, that no the Court of Appeal.
person who is anywhere within the limits of 11. And whereas by the 21st sect. of the Trustee the jurisdiction of the High Court of Chancery, Act, 1850, it was enacted, that as to any lands shall be deemed by the Court of Chancery of situated within the County Palatine of Lancas- the said County Palatine to be an absent truster it should be lawful for the Court of Chan- tee or mortgagee within the meaning of the cery in the County Palatine of Lancaster to said Acts. make a like order in the same cases as to any 12. When under or by virtue of any Act of lands within the jurisdiction of the same Court Parliament already made and passed or which as the Court of Chancery has under the pro- may hereafter be made and passed power and visions therein-before contained been enabled jurisdiction are or shall be given to the High to make concerning any lands, and that every "Court of Chancery to manage, dispose of, or such order of the Court of Chancery in the deal with the property of infants or other perCounty Palatine of Lancaster should, as to sons under disability, or to manage, dispose of, such lands, have the same effect as an order of or deal with property in the administration of the Court of Chancery: provided always, that assets, then and in every such case (unless in no person who is anywhere within the limits of any Act the contrary be expressly
enacted) it the jurisdiction of the High Court of Chancery shall be lawful for the Court of Chancery of should be deemed by such local Court to be the said County Palatine, so far only as regards an absent trustee or mortgagee within the all persons and property within its jurisdiction, meaning
of that Act : and whereas by an Act to exercise the like power and jurisdiction of the 15 & 16 Vict. c. 55, the provisions of in the same manner and subject to the same the Trustee Act, 1850, were in some respects restrictions in all respects as the said High camended, and further and other provisions Court of Chancery might exercise in the like made : and whereas several provisions of the matters. said Trustee Act, 1850, subsequent to the 21st 13. And whereas by the 12th section of the .section, and the provisions of the said Act of said Act of the 13 & 14 Vict. c. 43, it was
the 15 & 16 Vict. c. 55, are applicable and enacted, that all monies payable in respect of ought to be applied to persons and property lands situate within the said County Palatine, within the jurisdiction of the said Court of and which are authorised to be paid into or deChancery of the County Palatine of Lancaster : posited in the Bank of England to the account and whereas by the iith section of the said of the accountant-general of the High Court Act of the 13 & 14 Vict. c. 43, it was enacted, of Chancery, under and by virtue of the Lands? that when, under and by virtue of any Act of Clauses' Consolidation Act, 1845, or any local · Parliament made and passed, or which might or special Act passed or to be passed incorpo, thereafter be made
and passed, or by any orders rating the provisions of the said last-mentioned -or regulations made in pursuance thereof, ap- Act, or otherwise authorising the taking or plication is authorised or allowed to be made using of lands situate in the said County Palaby petition or motion, or otherwise, to the High tine, and also that all monies and securities Court of Chancery, or any Judge of the said held by any party who might be sued in the Court, and summary jurisdiction to be exer- Court of Chancery of the said County Palatine cised thereon (unless in any Act of Parliament in respect thereof, and which, under and by to be thereafter passed the contrary should be virtue of an Act made and passed in the Par, expressly enacted), it should be lawful for the liament held in the 10 & 11 Vict., intituled Court of Chancery of the said County Palatine, “ An Act for better securing Trust Funds, and so far only as regards all persons and property for the Relief of Trustees,” might be in like within its jurisdiction, to exercise the like sum- manner paid or transferred into or deposited mary jurisdiction, and in the same manner and in the Bank of England to the account of the subject to the same restrictions in all respects said accountant-general, might, from and after - as the said High Court of Chancery or any the passing of the said Act now in recital, be
New Statutes effecting Alterations in the Law.--Nine Criminal Law Bills.
SELECT COMMITTEE THE HOUSE OF LORDS.
in like manner paid or transferred into or de. the said Court of Chancery of the said County posited in the Bank of England, to the joint Palatine. account of the clerk of the Council of the 15. Whenever it shall be necessary to cite Duchy of Lancaster and of the registrar and or refer to the said first-recited Act or this Act, comptroller of the said County Palatine Court, it shall be sufficient to cite or refer to the same in the matter in respect whereof such payment, respectively as the “ Court of Chancery of transfer, or deposit should be made, and that Lancaster Act, 1850,” and as the “ Court of the receipt of one of the cashiers of the said Chancery of Lancaster Act, 1854.” bank should be a full discharge to the person paying or transferring or depositing the same, and that such monies and securities, and all NINE CRIMINAL LAW BILLS. costs of application in respect thereof, should be dealt with by the said Court of Chancery of the County Palatine in the same manner as the REPORT OF THE same might be dealt with by the High Court of Chancery, or by the Lord High Chancellor, or any of the Judges of the said High Court, if
The Select Committee of the House of such monies or securities had been paid or Lords appointed to consider the Nine Criminal transferred into or deposited in the Bank of Law Bills, with the Letters of the Judges to the England to the credit of the accountant-general of that Court, and the lands in respect of Lord Chancellor, reported on the 11th August, which such payment, transfer, or deposit as follows :should be made might be dealt with in the " That the Committee have met, and consame manner as if it had been made in manner sidered the several Bills and other matters represcribed by the Lands' Clauses' Consolidation Act: and whereas since the passing of the said ferred to them, and have not thought it necesrecited Act the said County Palatine has been sary to enter into the discussion of the addivided into districts, and registrars and comp. vantages and disadvantages of attempting to trollers have been appointed for such districts
reduce the whole Criminal Law into one Code, respectively : be it enacted, that any monies and securities to be paid or transferred or de nor to enter into a detailed exainination of the posited under the said recited provision may particular merits of the Bills now before them, be so paid or transferred into or deposited with because, after mature consideration, they are some one or other of the branches of the Bank of opinion that it is inexpedient at present to of England within the said County Palatine, to the joint account of the clerk of the Council of press forward any Digest, except that of Stathe Duchy of Lancaster and the registrar and tute Law, as on every account the step first to comptroller of the district within which such be made. branch bank is so situate, and the receipt of
“The Committee, however, are of opinion, the manager, or agent, or cashier of such branch bank shall be a full discharge to the that great advantage may be derived from the person paying or transferring or depositing the very important and elaborate reports of the same, and such payment, transfer, or deposit Criminal Law Commissioners, and from the shall have the same force and effect as Bills already prepared, and from the introducany payment, transfer, or deposit made under the said recited provision would have tion of others relating to as many of the rehad:
: provided" always, that no moneys shall maining branches of the Criminal Law as are be so paid or deposited under or by virtue of not affected by the present Bills, in which the the Lands' Clauses' Consolidation Act, 1845, Criminal Law, as defined by statutory enactor any local or special Act as aforesaid, in case the party who would have been entitled to the ments, should be consolidated; and in such rents and profits of the lands in respect of Bills the Committee recommend that advanwhich such monies shall be payable, or his or tage should be taken of the valuable recom, her guardian or committee in case of infancy mendations of the Criminal Law Commission. or lunacy, shall at any time before such pay- ers for the improvement and simplification of ment or deposit serve or cause to be served a notice in writing at the office of the company the existing law, and that such further im. taking the lands, requesting them not to make provements as may appear necessary should the payment or deposit.
also be added. 14. In all proceedings under and by virtue of this Act the said Court of Chancery of the
“And the Committee therefore recommend, County Palatine and the Court of Appeal hereby that the present Bills should be revised, and constituted respectively shall have full jurisdic- others prepared, for the purpose of carrying into tion to deal with the costs thereof and occa- effect the above objects, whereby the whole sioned thereby, and all orders made by the said Courts respectively, in pursuance of this Statute Law relating to Crime shall be comAct, shall be subject to appeal in the same pletely consolidated, together with such amendmanner in all respects as any other orders of ments and additions as may be considered
SUIT TO RECOVER FUND.
ORDER TO AMEND
Points in Equity Practice.-Medico-Legal Evidence. expedient, and from which the Committee ing matters of science upon which the Judge, are satisfied great advantage may be ex-jury, and counsel are incompetent, from pected.
actual want of knowledge, to form a sound “And the Committee further think that it and accurate judgment. will be advisable, after such Bills may have “ With a view to their elucidation, men of been passed, to take into consideration the re- repute, termed in France experts, and in Italy port of the Commissioners on Procedure, and perili, who have made the matter at issue a
special object of study, are called upon for so to revise and amend the same, that the their testiinony, and their evidence is generally whole course of Criminal Procedure may be considered as final and conclusive. In a case embodied in one or more Statutes."
in which it is necessary, in order to satisfy the ends of justice, to submit certain portions of
food, or the contents of the stomach, to careful POINTS IN EQUITY PRACTICE. chemical analysis, in order to ascertain, by the
aid of delicate tests, whether a person had
come to bis death by fair means, professional INCUMBRANCER PENDENTE LITE, PARTY TO gentlemen who have a reputation for having
paid particular attention to such investigations, Held, that an incumbrancer pendente lite is and toxicologists, are called upon for their
and who are practical and experienced chernists not an indispensable party to a suit to recover opinion, and upon the result of their investigathe fund. Macleod v. Annesley, 16 Beay. tions the life or death of a fellow-creature often
depends. No reasonable man disputes the 600.
value of such testimony. A similar course is pursued when any difficult and complicated question arises connected with navigation, mechanics, or civil engineering. The most
able men of the day are summoned to solve When a demurrer has been overruled, and knotty points, and to settle questions of disan appeal from the order is pending, held, that puted science, which sagacious and experian exparte order to amend is irregular.
enced minds are only able satisfactorily to Where a plaintiff had obtained such an great difficulty and doubt submitted to the
determine. For what' objects are matters of order, after notice that the appeal had been set adjudication of the Judges assembled in the down, it was discharged with costs, and the highest Courts in the kingdom, if it were amendments were expunged. Ainslie v. Sims, not to obtain from men, presumed by their
elevated station 17 Beav. 174.
possess the maximum amount of legal lore, a safe and satisfactory
opinion?” MEDICO-LEGAL EVIDENCE. Dr. Winslow complains, that medical
witnesses are often treated unjustly and
harshly during their examination by counSCARCELY any Assizes or Sittings pass sel.without the trial of some case in which the testimony of medical men is required, re- which he is subpænaed a lucid statement of
"In attempting to give the Court before garding the cause of death, or the state of his opinion, based upon actual experience, mind of the party before the Court ; and long-continued observation, reflection, and pa
i in such cases the evidence is often con- tient study, the views thus expounded are flicting, and it is difficult for the Court and too often considered either as the offspring of jury to arrive at the right conclusion. In a false philosophy-a mawkish sensibility the Journal of Psychological Medicine and distorted science-the affectation of a learned Mental Pathology for July last, we find an sordid result of the paltry honorarium awarded
and metaphysical subtlety-or, alas ! as the able lecture on Medico-legal Evidence in
to him for the expression of bis professional cases of Insanity,” delivered before the opinion! The medical witness has to encounMedical Society of London, by Dr. Forbes ter the sarcastic doubts, the special pleading, Winslow, from which we propose to make the suspicious inuendoes, the legal finesse, of some extracts, which we trust will be in the acute and accomplished advocate, always teresting to our readers.
on the alert to perplex and confound him; he Dr. Winslow, in treating of the circum- has also arrayed against him the unbending stances in which a medical witness appears jury, easily misled by the plausible appeals
dicta of the Judge, and inexperience of the to give evidence, observes, that questions the persuasive eloquence, and ad-captandum of great perplexity often arise in the course arguments of the counsel
, who, occasionally
, of important judicial investigations, involv- in the discharge of his duty as an advocate,