New Statutes effecting Alterations in the Law; 215 Licensed victuallers, &c., prohibited from opening houses for sale of beer, &c., during certain hours of Sunday, &c.; s. 1. Houses, &c., of public resort prohibited from being opened for sale of liquors, &c., on Sundays, &c.; s. 2. Power to constables to enter houses, &c.; s. 3. Penalty for offences against this Act; s. 4. The following are the Title and Sections of the Act: An Act for further regulating the Sale of Beer Whereas the provisions in force against the sale of fermented and distilled liquors on the Lord's day have been found to be attended with great benefits, and it is important to extend such provisions: Be it enacted, as fol-lows: be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability; every such notice, condition, or declaration being hereby declared to be null and void: provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things, as shall be adjudged by the Court or Judge before whom any question relating thereto shall be tried to be just and reasonable: provided always, that no greater damages shall be recovered for the loss of or any injury done to any such animals, beyond the sums hereinafter-mentioned; (that is to say) for any horse 50l.; for any neat cattle, per head, 157.; for any sheep or pigs, per head, 21.; unless the person sending or 1. That it shall not be lawful for any lidelivering 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 or to be respectively of higher value than as not to be drunk on the premises, or any above-mentioned; in which case it shall be person licensed or authorised to sell any ferlawful 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 endeclared above the respective sums so limited titled to sell wine by retail to be drunk or as aforesaid, and which shall be paid in ad- consumed on the premises, in any part of Engdition 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. 68, 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 things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage: provided also, that nothing herein-contained shall alter or affect the rights, privileges, or liabilities of any such company under the said Act of the 11 Geo. 4 and 1 Wm. 4, c. 68, with respect to articles of the description mentioned in the said Act. 8. This Act may be cited for all purposes as "The Railway and Canal Traffic Act, 1854." SALE OF BEER. 17 & 18 VICT. c. 79. 2. That no person shall open any house or place of public resort for the sale of fermented liquors, or sell therein such liquors, in any part of England or Wales between half-past two o'clock and six o'clock or after ten o'clock in the afternoon, on Sunday, or on Christmas Day or Good Friday, or any day appointed for a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sundays, Christmas Day, or Good Friday, or such days of public fast and thanksgiving, except as refreshment for travellers. 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 li quors; and every person who shall refuse to admit or shall not admit such constable into THE preamble recites the 11 & 12 Vict. such house or place shall be deemed guilty of c. 49. an offence against this Act. 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 shal 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, division, liberty, city, borough, or place where the offence shall be committed, to a penalty not exceeding 51. for every such offence, and every separate sale shall be deemed a separate offence. CHANGE OF SOLICITORS AND DE- DRAFTS OF DEEDS. On the change or retirement of a solicitor, it is the usual practice to retain the drafts of deeds and letters addressed to him. The papers delivered over generally consist of original deeds and documents, the cases and opinions of counsel, and the papers and proceedings in actions and suits. The general opinion appears to be, that solicitors may retain the letters addressed to them and the drafts of their letters; but they cannot withhold the drafts of deeds, although containing their own minutes or memoranda, or the remarks of counsel, and which may be required for their own justification on the matters in question, or which they may be called upon to produce by either party, in case the original deeds should be lost. In the following case it was held, that an attorney, upon receiving the amount of his bill, is bound to deliver up to his client, not only original deeds belonging to him, but also the drafts and copies of such deeds. NOTICES OF NEW BOOKS. Manual of Civil Law, comprising an Epi- 288. THIS Manual appears to be designed for candidates for the civil service generally, and not for the student of the law in particular; but we consider it to be a very useful publication for those who are just entering on their legal studies, and we think they will do well to read this little volume before they sit down to Blackstone's Commentaries. Dr. Humphreys observes, that 'In any civilised state of society, where the community are governed by laws, a knowledge of the principles of justice upon which those laws are founded must be important to every educated citizen, who considers himself entitled to their protection, and amenable to their restrictions in the ordinary routine of social life. This interest presents itself to us in several different points of view: the Civil Law is the foundation of the jurisprudence of all modern European nations; it constitutes, together with the old feudal law, the basis of the Common Law of England: of the law of Scotland it forms a still larger ingredient; and of the practice of our Courts of Chancery, which adjudicate questions of a nature that could not have arisen under the feudal law, it may be regarded 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 powerful nation of antiquity, neither less worthy of attention, nor less pervading in its 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 several years by the client; and after the client's death, his daughter applied to have all deeds, papers, &c., in the attorney's possession delivered up, and offered to pay whatever was due to him. The attorney delivered up all the deeds and original documents, but claimed a right to retain the drafts and copies which his client had paid for. Lord Tenterden, C. J., said, it may be convenient, in come cases, to leave drafts, and copies of deeds, or other documents in the hands of an attorney, but the client is the proper person to judge of that. He who pays for the drafts, &c., by law has a We meaning of many passages, more particularly Review: Humphreys' Manual of Civil La 217 the laws as might enable him to act as an ad- Lords, the comitia res nbled our House of vocate; and this laborious duty was performed Commons; the names Juriata, Centuriata, 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 desupposed to exist between poetry and law-mocratic element in the state prevailed-sigmake many allusions to law, 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, and of which many persons, unacquainted with those laws, entertain very erroneous ideas." If the knowledge of this subject be useful to the general scholar, the learned Author observes, it must be still more important and valuable to all who are preparing themselves for the legal Profession. The sources from which the Civil Law is deduced are then stated, and from this part of the work we deem it useful to make the following extracts :-- "The Leges Regiæ were those enactments which originated with the Roman kings, and were enacted or passed in the Comitia Curiata, the original public assembly, and, after the reform introduced by Servius Tullius, in the Comitia Centuriata. Between these two assemblies the difference was simply this; that none could act as members of the Curiata who were not also members of the patrician gentes, which were subdivisions of the Curie, and enjoyed a monopoly of all political power, reserving to themselves the exclusive privileges of making laws and holding magistracies, and keeping themselves isolated from the plebs by forbidding intermarriage: these privileges are known as the jus suffragii, jus honorum, and jus connubii. The plebs, on the contrary, enjoyed only those rights which were common to both orders, those of holding and purchasing all property, except the ager publicus (land annexed by conquest); and these common privileges, called the jura manús et commercii, constituted the jus Quiritium. It will appear from this, that the necessary qualifications for the Comitia Curiata was birth; for which Servius Tullius substituted a property qualification, entitling all who possessed it to seats in a newly constructed council, called, from the system of election or representation adopted by him, the Comitia Centuriata. The Plebiscita were the laws passed in the Comitia Tributa, an assembly established A.U.C. 283, and for which the sole qualification was residence in a certain district. From these Comitia the patricians were altogether excluded, and the laws emanating from them were considered binding upon the plebs only, until, by the enactment of the lex Hortensia, in A. U. C. 286, they were received as obligatory upon the whole community. "It appears, then, that while the Senate was exclusively aristocratic, like our House of "The Senatus consulta and Decreta, which at first consisted merely of orders issued to military commanders and other public officers, and ordinances intended to meet particular exigencies, and were rather of an administrative than a legislative character, began to be regarded as laws towards the close of the Republican era; and, during the earlier ages of the Empire, as long as the senate retained any influence, made large additions to the rapidly increasing body of Roman law. "Of the Twelve Tables, which exhibited the first attempt on the part of the Romans to construct a regular system of national and impartial laws, it is necessary to treat more fully. In the year of the city 292, C. Terentellus, a tribune of the plebs, propounded a law for defining the powers of the consuls, which was as strenuously opposed by the patricians as it was advocated by the democratic party. The contest on the subject of this lex Terentilla having continued for eight years with considerable excitement, it was also resolved, Hermodoro auctore, at the suggestion of Hermodorus an Ephesian refugee then residing in Rome, that measures should be adopted for preparing a code of written laws; and, accordingly, three commissioners were sent to Athens, to obtain information respecting the laws of Solon and other Greek legislators; and on their return the decemviri, appointed for the purpose, with the assistance of Hermodorus, prepared a digest of the laws and forensic usages theretofore existing among the Romans, modified and improved by the addition of everything worthy of adoption or suited to the circumstances, in the foreign laws which are believed to have been collected not only in the cities of Greece, but also among the Greek towns of Southern Italy. The services of Hermodorus were rewarded by a statue erected in the Comitium. To this account of the Twelve Tables objections have been made by some distinguished authors. Professor Vico of Naples first called in question the truth of the account given by Livy and Dionysius of Halicarnassus; and his example has been followed by many others, including the historian Gibbon. The objections are, that the appointment of the commission is no where directly mentioned by Cicero; and that, from whatever sources the Twelve Tables may have been compiled, they could not have survived the destruction of Rome by the Gauls. To this it may be replied, that Cicero may not have had occasion to make any direct allusion to the commission; that it is everywhere al 218 Review: Humphreys' Manual of Civil Law.-New Orders in Lunacy. luded to as a generally recognised fact by the and income of every 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 II. That the medical visitors of lunatics statements refer to the very early periods of do on each occasion of visiting any lunatic, Roman history, which, like the earliest periods of all other histories, are confessedly legend- inquire and examine whether such lunatic 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 what alterations should be made in the scheme for or manner of his maintenance. "The matters of which the laws of the Twelve Tables treated were: the rights, privileges, 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 enjoyment or otherwise, is not duly observed; or that any addition to the comforts, or any alteration in the manner of the maintenance of the lunatic should be made, which his then fortune or income is capable of providing, they shall forthwith make a special report, stating such their opinion, and the grounds thereof to the board of visitors. NEW ORDERS IN LUNACY. MAINTENANCE OF LUNATICS. 12th January, 1855. I, ROBERT MONSEY, Baron Cranworth, Lord High Chancellor of Great Britain, intrusted, by virtue of her Majesty the Queen's Sign Manual, with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, do with the advice and assistance of the Right Honourable Sir James Lewis Knight Bruce, and the Right Honourable Sir George James Turner, the Lords Justices of the Court of Appeal in Chancery, also being intrusted as aforesaid, and by virtue and in exercise of the powers or authorities in this behalf vested in me by the Lunacy Regulation Act, 1853, and of every other power or authority in anywise enabling me in this behalf, order as fol·lows: IV. That the board of visitors shall proceed to consider such report of the medical visitors at their next meeting, and shall if they think fit refer the same to the Masters in Lunacy, to take such other steps thereon as may appear to them to be expedient. V. That the Masters in Lunacy shall on any such report as aforesaid being referred to them by the board of visitors proceed to investigate the matters thereby reported upon, and may if they deem it expedient, summon the committee of the person or estate to attend before them to give expla nations thereon; and the said Masters shall then make such report, if any, on the said matters to the Lord Chancellor as the said Masters may deem proper. I. That the Masters in Lunacy do from time to time furnish the visitors of lunatics, with abstracts of their reports as to the fortune, income, and maintenance of each 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. they shall have made any special report to 219 aminers shall conduct the examination of J. L. KNIGHT BRUCE, L.J. manner and to no further extent. [We are glad to publish these just, humane, and excellent provisions for the comfort of the unfortunate persons to whom they relate, and shall have some remarks to make on them in our next Number.-ED. L. O.] ORDER OF THE MASTER OF THE (Signed) JOHN ROMILLY, M. R. COMMON LAW COURTS. APPOINTMENT OF EXAMINERS. Hilary Term, 1855. It is ordered that the several Masters for the time being of the Courts of Queen's Bench, Common Pleas, and Exchequer respectively, 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 one of them, should, before he be admitted to take the oath required by the Statute 6 & 7 Vict. c. 73, to be taken by persons applying to act as solicitors of the High Court of Chancery, undergo an examination touching the fitness and capacity to act as a solicitor of the said Court of Chancery; and that 12 solicitors of the same Court, to be appointed by the Master of the Rolls in each year, be Examiners for the purpose of examining and inquiring touching the fitness and capacity of any such applicant for admission as a solicitor; and that any of the said Examiners shall be competent to conduct the examination of such applicant : five and John Young, Gentlemen, Attorneys-at- CAMPBELL. JOHN JERVIS. INCORPORATED LAW SOCIETY. NOTICE TO CANDIDATES FOR EXAMINATION. THE Candidates will be admitted into the Hall until 10 A.M. on the day appointed for Now, in furtherance of the said Order, the Right Honourable the Master of the Rolls is hereby pleased to order and appoint that Benjamin Austen, Alfred Bell, William Loxham Farrer, Bartle John Laurie Frere, John Swarbreck Gregory, George Herbert the Examination. Kinderley, Germain Lavie, Joseph Maynard, Edward Rowland Pickering, Charles Ranken, William Stephens, and John Young, solicitors, be Examiners until the 31st December, 1855, to examine every person (not having been previously admitted 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 Exasolicitor 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. Information as to the result of the examination will be given in the clerks' office, to which there is a separate entrance from Chancery Lane, at and after four o'clock on the day after the Examination, and no inquiries can be answered till then. 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 |