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Nero Statutes effecting Alterations in the Lax. be liable for the loss of or for any injury done Licensed victuallers, &c., prohibited from to any horses, cattle, or other animals, or to opening houses for sale of beer, &c., during any articles, goods, or things, in the receiving, certain hours of Sunday, &c.; s. 1. forwarding, or delivering thereof, occasioned by the neglect or default of such company or from being opened for sale of liquors, &c.y.

Houses, &c., of public resort prohibited its servants, notwithstanding any notice, condition, or declaration made and given by such on Sundays, &c. ; $. 2. company contrary thereto, or in anywise limit

Power to constables to enter houses, &c.j. ing such liability; every such notice, con- s. 3. dition, or declaration being hereby declared to Penalty for offences against this Act ; be null and void : provided always, that no- s. 4. thing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, for

The following are the Title and Sections warding, and delivering of any of the said of the Act :animals, articles, goods, or things, as shall be An Act for further regulating the Sale of. Beer adjudged by the Court or Judge before whom and other Liquors on the Lord's Day:any, question relating thereto shall be tried to

[7th August, 1854.] be just and reasonable: provided always, that Whereas the provisions in force against the no greater damages shall be recovered for the sale of fermented and distilled liquors on the loss of or any injury done to any such animals, Lord's day have been found to be attended beyond the sums hereinafter-mentioned ; (that with great benefits, and it is important to exis to say) for any horse 501.; for any neat tend such provisions : Be it enacted, as fol+ cattle, per head, i5l.; for any sheep or pigs, lows : per head, 21. ; unless the person sending or 1. That it shall not be lawful for


li delivering the same to such company shall

, at censed victualler or person licensed to sell the time of such delivery, have declared them beer by retail to be drunk on the premises of to be respectively of higher value than as not to be drunk on the premises, or any above-mentioned ; in wbich case it shall be person licensed or authorised to sell any fer. lawful for such company to demand and re- mented or distilled liquors, or any person who ceive by way of compensation for the increased by reason of the freedom of the mystery or risk and care thereby occasioned, a reasonable craft of vintners of the City of London, or of per centage upon the excess of the value so any right or privilege, sball claim to be es declared above the respective sums so limited titled to sell wine by retail to be drunk er as aforesaid, and which shall be paid in ad-consumed on the premises, in any part of Eng: dition to the ordinary rate of charge; and such land or Wales, to open or keep open his per centage or increased rate of charge shall house for the sale of or to sell beer, wine, be notified in the manner prescribed in the spirits, or any other fermented or distilled Statute 11 Geo. 4, and 1 Wm. 4, c. 63, and liquor between half-hast two o'clock and six shall be binding upon such company in the o'clock or after ten o'clock in the afternoon,manner therein-mentioned : provided also, that on Sunday, or on Christmas Day, or Good the proof of the value of such animals, articles, Friday, or any day appointed for a public fast goods, and things, and the amount of the in- or thanksgiving, or before four o'clock in the jury done thereto, shall in all cases lie upon morning of the day following such Sunday, the person claiming compensation for such Christmas Day, or Good Friday, or such days loss or injury: provided also, that no special of public fast and thanksgiving, except as recontract between such company and any other freshments to a bona fide traveller or a lodger parties respecting the receiving, forwarding, or therein. delivering of any animals, articles, goods, or 2. That no person shall open any house or things as aforesaid shall be binding upon or place of public resort for the sale of ferınented affect any such party unless the same be signed liquors, or sell therein such liquors, in any parts by him or by the person delivering such animals, of England or Wales between half-past two articles, goods, or things respectively for car- o'clock and six o'clock or after ten o'clock in: riage; provided also, that nothing herein-con- the afternoon, on Sunday, or on Christmas. tained shall alter or affect the rights, privileges, Day or Good Friday, or any day appointed for or liabilities of any such company under the a public fast or thanksgiving, or before four said Act of the 11 Geo. 4 and i Wm. 4, c. 68, o'clock in the morning of the day following suck with respect to articles of the description men- Sundays, Christmas Day, or Good Friday, or tioned in the said Act.

such days of public fast and thanksgiving, ex--8. This Act may be cited for all purposes as cept as refreshment for travellers. The Railway and Canal Traffic Act, 1854.” 3. That it shall be lawful for any constable

at any time to enter into any house or place of public resort for the sale of beer, wine, spirits,

or other fermented or distilled liquor or li17 & 18 Vict. c. 79.

quors; and every person who shall refuse to The preamble recites the 11 & 12 Vict. admit or shall not admit such constable into

sucb house or place shall be deemed guilty of an offence against this Act.


C. 49.


216 Change of Solicitors & Delivery of Papers: -Review : Humphreys' Manual of Civil Law.

4. That every person who shall offend right to the possession of them. The rule against this Act shall be liable, upon a sum- must be discharged. Exparte E. Horsfall, mary conviction for the same before any jus- 7 Barn. & Cress. 528. tice of the peace for the county, riding, divi. sion, liberty, city, borough, or place where the offence shall be committed, to a penalty not

NOTICES OF NEW BOOKS. exceeding 51. for every such offence, and every separate sale shall be deemed a separate Manual of Civil Law, comprising an Epioffence.

tome in English of the Institutes of



This Manual appears to be designed for

candidates for the civil service generally, On the change or retirement of a solici- and not for the student of the law in par

ticular ; but we consider it to be a very tor, it is the usual practice to retain the useful pnblication for those who are just drafts of deeds and letters addressed to him. The papers delivered over generally think they will do well to read this little

entering on their legal studies, and we consist of original deeds and documents, volume before they sit down to Blackstone's the cases and opinions of counsel, and the

Commentaries. papers and proceedings in actions and suits. The general opinion appears to be, that so

Dr. Humphreys observes, that licitors may retain the letters addressed to “In any civilised state of society, where the them and the drafts of their letters ; but community are governed by laws, a knowledge they cannot withhold the drafts of deeds, laws are founded must be important to every

of the principles of justice upon which those although containing their own minutes or educated citizen, who considers himself enmemoranda, or the remarks of counsel, and titled to their protection, and amenable to their which may be required for their own justifi- restrictions in the ordinary routine of social cation on the matters in question, or which life. This interest presents itself to us in several they may be called upon to produce by either different points of view: the Civil Law is the party, in case the original deeds should be foundation of the jurisprudence of all modern lost.

European nations; it constitutes, together with In the following case it was held, that Law of England of the law of Scotland it

the old feudal law, the basis of the Common an attorney, upon receiving the amount of forms a still larger ingredient; and of the his bill, is bound to deliver up to his client, practice of our Courts of Chancery, which adnot only original deeds belonging to him, judicate questions of a nature that could not but also the drafts and copies of such have arisen under the feudal law, it may be redeeds.

garded principally, if not exclusively, as the A rule nisi had been obtained for setting foundation and precedent. It is also a monuaside an order made by the Judge at Cham

ment of the wisdom and justice of the most bers , and which had afterwards been made worthy of attention, nor less pervading in its

powerful nation of antiquity, neither less a rule of Court, whereby the attorney was influences, than the reliques of their fine arts; ordered to deliver up the drafts, copies, &c., and it is of peculiar importance to the classical of certain deeds then in his custody. It scholar, as being necessary to illustrate the appeared that he had been employed for meaning of many passages, more particularly several years by the client; and after the in the Latin authors, where the allusions to client's death, his daughter applied to have legal questions and usages, and the instances all deeds, papers, &c., in the attorney’s than "may he generally supposed by students

of legal phraseology are far more numerous possession delivered up, and offered to pay unacquainted with the Roman Laws. We whatever vas dne to him. The attorney must perceive that this is necessarily the delivered up all the deeds and original do- case, from the circumstance that among the cuments, but claimed a right to retain the Romans, during the most flourishing periods drafts and copies which his client had paid of the Republic

and the Empire, the knowledge for.

of the law was not confined, as it is among us Lord Tenterden, C.J., said, it may be and other modern nations, to the members of convenient, in come cases, to leave drafts, any particular profession : it was an indisand copies of deeds, or other documents in pensable part of the acquirements and accomthe hands of an attorney, but the client is and education, resulting originally from the

plishments of every citizen of rank, fortune, the proper person to judge of that. He peculiar relation between patron and client, who pays for the drafts, &c., by law has a that he should attain to such a knowledge of

Review ; Humphreys' Manual of Civil La

217 the laws as might enable him to act as an ad-!Lords, the comitia 1:3; nbled our House of vocate; and this laborious duty was performed Commons; the names Criata, Centuriato, and for several ages without any other compensa- Tributa, indicating the successive changes in tion than the celebrity and influence attendant its constitution : the first, implying that the upon success. Even the Roman poets-not. members were qualified by birth only; the sewithstanding the natural antipathy that may be cond by property; and the third-as the de. supposed to exist between poctry and law-mocratic element in the state prevailed-sig. inake many allusions to laiv, and were fre- nifying that residence was the only qualification. quently, particularly in the case of Ovid, dis- | The laws passed in the two first have not been tinguished for their legal learning: in every recorded with any certainty, and were most Roman Author, in fact, many passages occur, probably borrowed from the neighbouring which would be unintelligible if we had not nations. the Roman laws to guide us to their meaning, “ The Senatus consulta and Decreta, which and of which many persons, unacquainted with at first consisted merely of orders issued to those laws, entertain very erroneous ideas.” military commanders and other public officers,

and ordinances intended to meet particular If the knowledge of this subject be useful to the general scholar, the learned exigencies, and were rather of an adininistra

tive than a legislative character, began to be Author observes, it must be still more im- regarded as laws towards the close of the Reportant and valnable to all who are prepar- publican era; and, during the earlier ages of ing themselves for the legal Profession. the Empire, as long as the senate retained any

The sources from which the Civil Law is influence, made large additions to the rapidly deduced are then stated, and from this part increasing body of Roman law. of the work we deem it useful to make the

“Of the Twelve Tables, which exhibited the following extracts :

first attempt on the part of the Romans to con

struct a regular system of national and im* The Loges Regiæ were those enactments partial laws, it is necessary to trcat more fully. which originated with the Roman kings, and in the year of the city 292, C. Terentellus, a were enacted or passed in the Comitia Curiata, tribune of the plebs, propounded a law for dethe original public assembly, and, after the fining the powers of the consuls, which was as reform introduced by Servius Tullius, in the strenuously opposed by the patricians as it was Comitia Centuriala. Between these two as- advocated by the democratic party. The consemblics the difference was simply this ; that test on the subject of this lex Terentilla having none could act as members of the Curiata continued for eight years with considerable who were not also members of the patrician excitement, it was also resolved, Hermodoro gentes, which were subdivisions of the Curie, auctore, at the suggestion of Hermodorus an and enjoyed a monopoly of all political power, Ephesian refugee then residing in Rome, that reserving to themselves the exclusive privileges measures should be adopted for preparing a of making laws and holding magistracies, and code of written laws; and, accordingly, three keeping themselves isolated from the plebs by commissioners were sent to Athens, to obtain forbidding intermarriage : these privileges are information respecting the laws of Solon and known as the jus suffragii, jus honorum, and other Greek legislators; and on their return jus connubii. The plebs, on the contrary, en- the decemviri, appointed for the purpose, with joyed only those rights which were common to the assistance of Hermodorus, prepared a di. both orders, those of holding and purchasing gest of the laws and forensic usages theretofore all property, except the ager publicus (land an- existing among the Romans, modified and imnexed by conquest); and these common pri- proved by the addition of everything worthy of vileges, called the jura manús et commercii, adoption or-suited to the circumstances, in the constituted the jus Quiritium. It will appear foreign laws which are believed to have been from this, that the necessary qualifications for collected not only in the cities of Greece, but the Comitia Curiata was birth; for which also among the Greek towns of Southern Servius Tullius substituted a property qualifi. Italy. The services of Hermodorus were recation, entitling all who possessed it to seats in warded by a statue erected in the Comitium. a newly constructed council, called, from the To this account of the Twelve Tables objecsystem of election or representation adopted tions have been made by some distinguished by him, the Comitia Centuriata.

authors. Professor Vico of Naples first called The Plebiscita were the laws passed in the in question the truth of the account given by Comitia Tributa, an assembly established A.U.c. Livy and Dionysius of Halicarnassus; and his 283, and for which the sole qualification was example has been followed by many others, inresidence in a certain district. From these cluding the historian Gibbon. The objections Comitia the patricians were altogether excluded, are, that the appointment of the commission is and the laws emanating from them were con- no where direcily mentioned by Cicero; and that, sidered binding upon the plebs only, until, by from whatever sources the Twelve Tables may the enactment of the lex Hortensia, in A. U. c. have been compiled, they could not have sur286, they were received as obligatory upon the vived the destruction of Rome by the Gauls. whole community.

To this it may be replied, that Cicero may not ** It appears, then, that while the Senate was have had occasion to make any direct allusion exclusively aristocratic, like our House of to the commission; that it is everywhere al



Review : Humphreys' Manual of Civil Law.– New Orders in Lunacy. luded to as a generally recognised fact by the land income of erery lunatic, and with the Roman writers ; and

that, although the state scheme approved and the allowance made ments of Livy and Dionysius relating to cer- for his maintenance. tain occurrences have been impugned, those statements refer to the very early periods of do on each occasion of visiting ang lunatic


II. That the medical visitors of lunatics Roman history, which, like the earliest periods of all other histories, are confessedly legend- inquire and examine whether such lunatie ary and fabulous. It may be said, therefore, is maintained in a suitable and proper manthat, both sides of the question being imparti- ner, having regard to the then existing ally considered, the fact of the commission amount of the allowance ordered to be paid, may be regarded as established upon very suf. and the then existing scheme approved of ficient evidence. Again, even granting that for the maintenance of such lunatic; and the Twelve

Tables perished in the general ruin also, whether having regard to the then of the city, it would be absurd to suppose that, fortune and income of such lunatic, it apof the numbers of intelligent men who have made those laws their study, there were not pears expedient that any and what addition several who could transcribe them correctly.

should be made to his comforts, or any and “ The matters of which the laws of the what alterations should be made in the Twelve Tables treated were : the rights, privi- scheme for or manner of his maintenance. leges, and exemptions of Roman citizens; the III. That if the said visitors shall on power of creditors over debtors ; trials involv- such inquiry and examination consider that ing rank, liberty, and life; the regulations of the lunatic is not maintained in such suitinheritances, guardianships, and ownership; able and proper manner as is aforesaid ; or penalties for various offences; the rates of money, with some sumptuary and other enact

that the allowance provided for his mainments; and all these ordinances were regarded tenance is not duly applied ; or that any as the basis of Roman jurisprudence until the provision in the scheme for his maintenance, compilation of the Theodosian Code.” either for his personal comfort or enjoy.

ment or otherwise, is not duly observed ; NEW ORDERS IN LUNACY.

or that any addition to the comforts, or any alteration in the manner of the mainten

ance of the lunatic should be made, which 12th January, 1855. his then fortune or income is capable of I, ROBERT MONSEY, Baron Cranworth, providing, they shall forthwith make a Lord High Chancellor of Great Britain, in- special report, stating such their opinion, trusted, by virtue of her Majesty the and the grounds thereof to the board of Queen's Sign Manual, with the care and visitors. commitment of the custody of the persons

IV. That the board of visitors shall proand estates of persons found idiot, lunatic, ceed to consider such report of the medical or of unsound mind, do with the advice visitors at their next meeting, and shall if and assistance of the Right Honourable Sir they think fit refer the same to the MasJames Lewis Knight Bruce, and the Right ters in Lunacy, to take such other steps Honourable Sir George James Turner, the thereon as may appear to them to be exLords Justices of the Court of Appeal in pedient. Chancery, also being intrusted as aforesaid, V. That the Masters in Lunacy shall on and by virtue and in exercise of the powers any such report as aforesaid being referred or authorities in this behalf vested in me by to them by the board of risitors proceed to the Lunacy Regulation Act, 1853, and of investigate the matters thereby reported every other power or authority in anywise upon, and may if they deem it expedient, enabling me in this behalf, order as fol- summon the committee of the person or lows :

estate to attend before them to give explaI. That the Masters in Lunacy do from nations thereon; and the said Masters time to time furnish the visitors of lunatics, shall then make such report, if any, on the with abstracts of their reports as to the said matters to the Lord Chancellor as the fortune, income, and maintenance of each said Masters may deem proper. lunatic, and of the orders confirming such VI. That the medical visitors do in the reports, and inform the said visitors of any annual report made by them to the Lord increase which may have accrued in the Chancellor in the case of each lunatic, purfortune of, and of any change which may suant to the Lunacy Regulation Act, state have been made in the allowance or scheme the result of the examination and inquiry for the maintenance of any lunatic, so that as to the maintenance of each lunatic to be at all times the said visitors may be fully made by them pursuant to the foregoing acquainted with the amount of the fortune order, and do also in any case in which

Order :Appointing Examiners.-Common Law Courts.Incorporated Law Society. 219 they shall have made any special report to aminers shall conduct the examination of the board of visitors pursuant to the above every such applicant, as aforesaid, in the order, state so far as they may be able what manner and to the extent pointed out by steps have been taken in consequence of the said Order of the 13th day of January, such special report.

1814, and the regulations approved by his CRANWORTH, C.

lordship in reference thereto, and in no other J. L. Knight Bruce, L.J. manner and to no further extent. G. J. TURNER, L.J.

(Signed) John ROMILLY, M. R. [We are glad to publish these just, humane, and excellent provisions for the comfort of the

COMMON LAW COURTS. unfortunate persons to whom they relate, and shall have some remarks to make on them in APPOINTMENT OF EXAMINERS. our next Number.-Ed. L. 0.]

Hilary Term, 1855.

It is ordered that the several Masters for ORDER OF THE MASTER OF THE the time being of the Courts of Queen's ROLLS APPOINTING EXAMINERS. Bench, Common Pleas, and Exchequer re

spectively, together with Benjamin Austen, 10th January, 1855. Edward Savage Bailey, Alfred Bell, William WHEREAS by an Order made by the Loxham Farrer, Bartle John Laurie Frere, Right Honourable the Master of the Rolls, John Swarbreck Gregory, George Herbert on the 13th day of January, 1844, it was Kinderley, Germain Lavie, Joseph Mayamongst other things ordered, that every nard, Edward Rowland Pickering, Charles person who has not previously been ad- Ranken, William Stephens, Edward White, mitted an attorney of the Courts of Queen's Edward Archer Wilde, William Williams, Bench, Common Pleas, and Exchequer, or and John Young, Gentlemen, Attorneys-atone of them, should, before he be admitted Law, be, and the same are hereby appointed, to take the oath required by the Statute 6 Examiners for the present year to examine & 7 Vict. c. 73, to be taken by persons ap

all such persons as shall desire to be adplying to act as solicitors of the High Court mitted attorneys of all or either of the said of Chancery, undergo an examination touch Courts, and that any five of the said Exing the fitness and capacity to act as a so- aminers (one of them being one of the said licitor of the said Court of Chancery; and Masters) shall be competent to conduct the that 12 solicitors of the same Court, to be said examination, in pursuance of, and subappointed by the Master of the Rolls in ject to, the provisions of the Rule of all the each year,

be Examiners for the purpose of Courts made in this behalf in Hilary Term, examining and inquiring touching the fit. 1853. ness and capacity of any such applicant for


CAMPBELL. admission as a solicitor; and that any five

JOHN JERVIS. of the said Examiners shall be competent to

FRED. POLLOCK. condnct the examination of such applicant : Now, in furtherance of the said Order,

INCORPORATED LAW SOCIETY. the Right Honourable the Master of the Rolls is hereby pleased to order and appoint that Benjamin Austen, Alfred Bell, William

The Candidates will be admitted into the Loxham Farrer, Bartle John Laurie Frere, Hall until 10 A.m. on the day appointed for John Swarbreck Gregory, George Herbert the Examination. Kinderley, Germain Lavie, Joseph May. Information as to the result of the examina. nard, Edward Rowland Pickering, Charles tion will be given in the clerks' office, to which Ranken, William Stephens, and John there is a separate entrance from Chancery Young, solicitors, be Examiners until the Lane, at and after four o'clock on the day after 31st December, 1855, to examine every per, the Examination, and no inquiries can be anson (not having been previously admitted

swered till then. an attorney of the Courts of Queen's Bench, Common Pleas, and Exchequer, or one of

The Library will be reserved for the sole use them), who shall apply to be admitted a of Members of the Society on the day of Exa. solicitor of the said Court of Chancery mination, and will not be open to Subscribers touching his fitness and capacity to act as a on that day. solicitor of the said Court. “And the Master The Candidates cannot remain in the vestiof the Rolls doth direct that the said Ex- bule or passages of the Hall after they have


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