Law Reporting and Law Books.—New Statutes effecting Alterations in the Law. 63

precedents, is destroying the scientific character of the law, and thus rendering the task of an institutional writer more and more repulsive; secondly, the mere labour of collating and criticising the decisions, is almost beyond the powers of humanity; and, thirdly, the inducement to encounter that labour is daily diminishing. Confidence in the stability of the law has vanished. The annual alteration and refashioning of large branches of the law is now considered to be a part of the constitution; and besides the consequent discouragement to study, we have thus further result, that a text-book, however learnedly and carefully prepared, has no pecuniary value in the publishing market. No law book can bring an adequate return for its expenses and the risk of the adventure in less than six or seven years; and as things are now ordered, no publisher can hope that any book he publishes will not be rendered absolete in the ensuing Session by some remorseless amending Statute."

for the inhabitants under the powers of the Act, and it is expedient that in such cases such places of burial should be provided by the councils of such boroughs: it is therefore enacted as follows:

2. In case it appear to her Majesty in Council, upon the petition of the town council of any borough, stating that an order in council has been made for closing all or any of the burial grounds of one or more parishes being wholly or partly within such borough, that there is difficulty or inconvenience in providing, under the powers of the said Act of the last Session of Parliament, requisite places of burial for the inhabitants of such parish or parishes, it shall be lawful to order that power shall be vested in the council of such borough for providing such places of burial under the provisions of this Act: provided that notice of such petition and of the time when it shall please her Majesty to order that the same be taken into consideration by the Privy Council shall be published in the London Gazette, and in one of the newspapers usually circulating in such borough, one month at least before such petition is so considered.

In noticing the changes which have taken place in the Profession, The Jurist considers the loss of emolument occasioned by the establishment and extension of the County 2. Upon the making of such order, the Court Jurisdiction, as temporary, "though borough council to have all the powers vested the loss has been great, and the blunder in burial boards under 16 & 17 Vict c. 134, which it caused grievous." He conceives and the 15 & 16 Vict. c. 85, except the prothat the professional arrangement will soon be adjusted, according to the laws of demand and supply; and in the course of no long time "the country will have learned, in the school of experience, the inherent unsoundness of the County Court system." "We shall have discovered" (he says) "that cheap law is not economical justice; and as we have already found that the science of Medicine is not advanced by giving over criminals for dissection, we shall by degrees learn to distrust the experimentum in corpore vili in every form. There is no reason to fear the decay of the Profession. No civilised society can dispense with the counsellor, the draftsman, or the advocate; and the Profession will be honoured so long as it is true to itself, and resolved to rest its claims on its present services to society rather than on tradition."

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

visions relating to the constitution, incorporation, meetings, entries of proceedings, and accounts of burial boards, shall extend and be thereof, and to any burial ground and any applicable to such borough and the council place for the reception of the bodies of the dead previously to interment which may be provided by such council under this Act, in like manner as the same are applicable to any parish and the burial board thereof, and to any burial ground and any such place as aforesaid provided by such burial board, save that no approval, sanction, or authorisation of the vestry of any parish shall be requisite.

3. All expenses of carrying this Act into execution in any borough shall, subject to the provisions hereinafter contained, be chargeable upon and paid out of the borough fund and of such fund and partly out of such rates, in borough rates of such borough, or partly out like manner as if the same were expenses incurred in carrying into effect the provisions of the 5 & 6 Wm. 4, c. 76; and any money to be borrowed under the authority of this Act by the council of such borough, and the interest thereon shall be charged by such council on the moneys out of which such expenses are by this Act directed to be paid, and the said proTHE following is the substance of the "Act visions hereby extended and made applicable to make further Provision for the Burial of the to the said council shall be construed accordDead in England beyond the Limits of the Me-ingly: and any surplus of money raised for tropolis," passed on the 10th August, 1854:- defraying such expenses as aforesaid, and of the By the 16 & 17 Vict. c. 134, provision is income of any burial ground provided by the made for providing burial grounds for parishes council of any borough, which if the same were by burial boards to be appointed by vestries: provided by a burial board for any parish would and in some cases of parishes wholly or partly be applicable in aid of the rate for the relief of within boroughs there is difficulty or incon- the poor of such parish, shall be applicable in venience in providing requisite places of burial aid of the borough fund or borough rates of

BURIALS BEYOND THE METROPOLIS. 17 & 18 VICT. c. 87.

such borough, or in case a separate rate has partly within and partly without the limits of heen levied in parts only of such borough, for such borough which is without such limits, the purposes of this Act, as hereinafter pro-and in respect of other rights to be exercised vided, then such surplus shall be applied rate-with reference to the interment of the remains ably towards payment or satisfaction of so much of such persons, at a higher amount than the of any borough rate as may be leviable in such ordinary charge for the time being fixed by parts of such borough: provided always, that such Council; provided that such higher such surplus shall be ascertained upon the au- amount shall be fixed with the approval of one diting of the accounts of the treasurer of such of her Majesty's Principal Secretaries of State. borough in the month of September in any year.

9. Where, previously to the making of any order in Council, it appears, upon the petition 4. If any burial board under the Act of the of the town council, that any parish wholly or last Session of Parliament, or the council of in part within such borough is provided with any borough acting under this Act, can at a sufficient burial ground, it shall be lawful to any time borrow at a lower rate of interest direct that no part of such parish shall be asthan that secured by any mortgage pre- sessed towards defraying the expenses of exeviously made by them and then outstand- cuting this Act in such borough, and in such ing and in force, they may so borrow ac-case no burial ground provided for such cordingly in order to pay off and discharge any borough under this Act shall be deemed securities bearing a higher rate of interest, and to be provided for such parish; and any to secure the repayment of the money so bor- money required to be raised in such borough rowed, and the interest to be paid thereon, in for defraying such expenses, or paying any like manner as other monies authorised to be money borrowed under this Act by the borrowed by such burial board or council council of such borough, or any interest under the Act of the last Session or this Act. thereon, by means of a rate to be levied 5. If at the time appointed by any mortgage in such borough, shall be raised by a separate for payment of the principal money secured rate, to be levied within such parts of such thereby any such burial board or council are borough as are not exempted under such order unable to pay off the same, they may borrow from being assessed ca as aforesaid; and (so far such sum of money as may be necessary for as may be consistent with this provision) the the purpose of paying off all or any part of council of such borough shall have all such such principal Money, and secure the repay-powers for making and levying such rate, and ment of the money, and the interest to be paid all provisions shall be applicable in respect thereon, in like manne as other moneys au- thereof, as in the case of a borough rate made thorised to be borrowed by such burial board under the 5 & 6 Wm. 4. કર or council under the Act of the last Session or this Act.

6. The council of any borough shall act in execution and exercise of their duties, powers, and authorities under this Act in like manner as in execution and exercise of their duties, powers, and authorities under the 5 & 6 Wm. 4, c. 76; and every conveyance of lands to be purchased for the purposes of this Act shall be taken in the name of the body corporate of such borough, and such body corporate shall have power to hold such lands for the purposes of this Act; and no lands purchased under this Act by the council of any borough shall be sold, except with the like approbation and subject to the like restrictions as if sold under the 5 & 6 Wm. 4; and the signature of any member or members of such council shall not be necessary to any conveyance of any land so sold; and a receipt under the hand of the treasurer of such borough shall be a sufficient discharge to the purchaser of any such lands for the purchase money in such receipt expressed to be received.

7. The burial ground provided for any borough under this Act shall be deemed to be provided for such parishes wholly or in part situated in such borough as the town council

shall determine.

10. The powers of settling and fixing the fees or sums to be payable to the incumbent or minister, and of revising and varying the fees payable to the incumbent, clerk, and sexton, and other persons and bodies, and of substituting for such fees fixed annual sums, by ss. 33 and 37 of 15 & 16 Vict. c. 85, given to the vestry, and exercisable with the approval or consent of the bishop of the diocese, as therein mentioned, shall, with respect to fees and sums arising in or from any burial ground. provided under this Act by the council of any borough, be transferred to such council, and be exercisable with the like approval or consent.

11. It shall be lawful for the council of any borough to appropriate for the purposes of this Act any land belonging to the body corporate of such borough, or vested in any feoffees, trustees, or others, for the general benefit of the borough, or for any specific charity; provided always, that where any land so appropriated shall be subject to any able use, such land shall be taken on such conditions only as the Court of Chancery, in the exercise of its jurisdiction over charitable trusts, shall appoint and direct.

charit

12. So much of the Act of the 15 & 16 Vict. c. 85, as enacts, that "no ground (not already used as or appropriated for a cemetery) shall 8. The council of any borough in fixing and be appropriated as a burial ground or as an adaltering the fees, payments, and sums in re-dition to a burial ground under that Act nearer spect of interments of the remains of persons, than 200 yards to any dwelling house, without being inhabitants of that part of any parish the consent in writing of the owner, leesee, and

New Statutes.-Alphabetical List of Statutes relating to the Law.

Alphabetical List of Statutes relating to the Law.

Durham (County Palatine of); for the further | Income Tax, for granting to her Majesty addi-
Amendment of the Process, Practice, and
Mode of pleading in, and enlarging the Ju-
risdiction of, the Superior Court of Common
Law of, c. 125.

Ecclesiastical Courts, to alter and improve the
the Mode of taking Evidence in, c. 47.
Ecclesiastical Jurisdiction, for further continu-
ing certain temporary Provisions concern-
ing, c. 65.

Election of Members of Parliament, to consolidate and amend the Laws relating to Bribery, Treating, and undue influence at,

Alphabetical List of Statutes relating to the Law.

Life Insurance; to continue 16 & 17 Vict. c. 91, to extend for a limited Time the Provision for Abatement of Income Tax in respect of Insurance on Lives, c. 40. Literary and Scientific Institutions; to afford greater facilities for the Establishment of Institutions for the Promotion of Literature and Science and the Fine Arts, and to provide for their better Regulation, c. 112. Local Boards of Health indemnified as regards rating for the Repair of Highways under the Public Health Act, 1848, c. 69. London University, to extend to Graduates of, the Rights enjoyed by the Graduates of the Universities of Oxford and Cambridge, in respect of the Practice of Physic, c. 114. Lord's Day, for further regulating the Sale of Beer and other Liquors on, c. 79. Manchester; to repeal 53 Geo. 3, c. 72, and 8 & 9 Vict. c. 21; and for making Provision for the Appointment and for Remuneration of a Stipendiary Justice for the Division of Manchester, and of Clerks to such Justice and the Justices for the Borough of Salford,

c. 20.

Marriages, to provide for the better Regulation
of, in Scotland, c. 80.

Marriages; to render valid certain Marriages
of British Subjects in Mexico, c. 88.
Married Women, to remove Doubts concern-
ing the Acknowledgment of Deeds by, in
certain Cases, c. 75.

Mauritius, for establishing the Validity of cer
tain Proceedings in her Majesty's Court of
Vice-Admiralty in, c. 37.

Members of Parliament, to consolidate and

amend the Laws relating to Bribery, Treating, and undue Influence at Elections of,

c. 102.

Merchant Shipping, to amend and consolidate
the Acts relating to, c. 104.
Merchant Shipping, to repeal certain Acts and
Parts of Acts relating to, and to continue
certain Provisions in the said Acts, c. 120.
Metropolis, to make further Provision for the
Burial of the Dead beyond the Limits of, c.
87.
Metropolitan Police District, to place Public
Statues within, under the Control of the
Commissioners of her Majesty's Works and
Public Buildings, c. 33.

Metropolitan Sewers' Acts, to continue and
amend, c. 111.

Mexico, to render valid certain Marriages of
British Subjects in, c. 88.

New Forest, for the Settlement of Claims upon
and over, c. 49.

Oaths, to appoint Persons to administer, in the
High Court of Admiralty, c. 78.
Oaths, to authorize Justices of the Peace in
Ireland to administer Oaths required in
Matters relating to Income Tax, c. 1.
Offenders (Youthful), for the better Care and
Reformation of, c. 86.

Offices and Employments; annual Indemnity
Act for Persons neglecting to qualify for. c.

39.

Oxford University; to make further Provision

67

for the good Government and Extension of
the University of Oxford, and of the Colleges
therein, and of the College of Saint Mary,
Winchester, c. 81.

Parliament. See Members of Parliament.
Poor; to continue 16 & 17 Vict. c. 77, for
charging the Maintenance of certain Poor
Persons in Unions upon the Common Fund,

c. 43.

Poor; to continue the Exemption of Inhabit-
ants from Liability to be rated, as such, in
respect of Stock in Trade or other Property,
to the Relief of the Poor, c. 66.
Poor Law Board, to continue, c. 41.
Poor Law Commission, to continue, c. 63.
Prisons; for the Formation, Regulation, and
Government of Convict Prisons in Ireland,
c. 75.

Prisoners Removal; to amend the Law relative
to the Removal of Prisoners in Custody, c.

115.

Property and Professions, for granting to her Majesty additional Duties on Profits arising from, c. 10.

Property and Professions, for granting to her
Majesty an increased Rate of Duty on Profits
arising from, c. 24.

Property (Rateable), further to amend 15 & 16
Vict. c. 63, relating to the Valuation of, in
Ireland, c. 8.

Provident Societies' Act, 1852, to amend, c. 25.
Public Health, to make better Provision for the
Administration of the Laws relating to, c.

95.

Public Libraries, to amend 16 & 17 Vict. c.

101, for extending the Public Libraries' Act, 1850, to Ireland and Scotland, c. 64.

Public Revenue and Consolidated Fund
Charges; to alter the Mode of providing for
certain Expenses now charged upon certain
Branches of the Public Revenues and upon
the Consolidated Fund, s. 94.

Railways, for the better Regulation of the
Traffic on, c. 31.

Rateable Property, further to amend 15 & 16
Vict. c. 63, for the Valuation of, in Ireland,
c. 8.

Rates. See Borough Rates.
Real Estate Charges; to amend the Law relat-
ing to the Administration of the Estates of
deceased Persons, c. 113.

Reformation of Youthful Offenders, c. 86.
Registration of Bills of Sale; for preventing
Frauds upon Creditors by secret Bills of Sale
of personal Chattels, s. 36.

Registration of Bills of Sale in Ireland, s. 55.
Registration of Births, Deaths, and Marriages,

to provide for the better, in Scotland, s. 80.
Rent, to facilitate the Apportionment of, when
Parts of Lands in Lease are taken for the
Purposes of the Church Building Acts, c.

32.

Returning Officers, to amend the Law relating to the Appointment of in certain Cases, c.

57.

Roads. See Turnpike Roads.
Russian Government Securities; to render any
Dealings with Securities issued during the