Review: Deane on the Law of Blockade. of Riga, navigable by ships. In the war with Holland, Amsterdam was held to be legally blockaded by closing the passages into the Zuyder Zee. So the Gulf of Finland might have been blockaded at once by a line across the entrance, and stationing ships in sufficient force, and in such a position as to render all egress or ingress dangerous. 455 relative numbers; for if the number entering or leaving be large in proportion to the number prevented, a strong presumption is at once raised, that the blockade is not efficiently maintained, and, as a consequence, the blockade cannot have legal effect given to it. "Hence, it is the duty of the Commanderin-Chief to order a sufficient force on the ser"But it would not be lawful to blockade the vice, and the duty of the officers entrusted with entrance of a gulf within which were neutral that service, to keep on the station, and exerports; for instance, the Gulf of Bothnia would cise such vigilance, that no ship shall break not be legally blockaded by closing the pas- the blockade by egress or ingress, except sages between Sweden and the Aland Islands, through accident, as under cover of the night, and the Aland Islands and the coast of Fin-or in fogs, or gales of wind, and so forth. land, unless both Russia and Sweden were at "Some discretion, however, is allowed to the war with the power imposing the blockade. "The same rule would seem to apply to rivers flowing through different States, some of which were belligerent, some neutral, and having ports on the river. It is true that Lord Stowell, though he had occasion to observe how severely the neutral cities connected with the Weser and Elbe were pressed upon by the blockade of those rivers, still considered that such a blockade could exist, however it might affect the commerce of the neutral towns situated on those rivers. But as it is a rule that the blockade should offer no obstruction to a neutral port, it may be doubtful whether the blockade of a river so circumstanced would, at the present time, be upheld. These considerations may perhaps be applicable to the Danube, yet the legal difficulties of imposing a blockade upon that river, in the actual state of the war, seem nearly insuperable. Commander of the blockading force; and there is a difference in the consequences, whether ships are permitted to proceed unmolested in the first instance, or whether the Commander having seized all, and afterwards finding himself under difficulties in retaining possession of all, selects a certain number and dismisses the rest. If a captor has detained A. and B., it is not an act of injustice to A. that he releases B. It can be no renunciation of the blockade, or of any other right of war as to him. "By the Law of Nations, as administered in the British Courts of Prize, the sailing or prosecuting a voyage to a blockaded port, after a knowledge of an existing blockade, and with an intention to violate the blockade, is an offence punishable with confiscation. Hence, whenever any ports, harbours, or coasts have been declared to be in a state of blockade, the Commanders of her Majesty's ships of war are en"When once the blockade has been esta- joined by Article X. of the Instructions, to stop blished, no ship with cargo, or in ballast, all neutral vessels which they shall meet at sea, should, on any pretence whatever, be allowed destined to any of the places blockaded; and to enter. For when there is such an actual in- if they shall appear to be ignorant of the vestment of the port, if any of the blockading existence of the blockade, and have no contraships fail to enforce it, the blockade is so far band of war on board, they shall turn them relaxed. And if the blockade is not duly car-away, apprising them that the ports are in a ried into effect by the ships stationed on the state of blockade; and shall write a notice to spot for the purpose, it is impossible for a that effect upon one or more of the princiCourt of Prize to enforce it. pal ship's papers; and if any neutral ship, "But ships in ballast, the property of neu- which shall appear to have been so warned, trals, having done no act in breach of the or to have been otherwise informed of the blockade, may come out at all times; and so existence of the blockade, or to have sailed may ships with a cargo put on board, or so from her last port, after it may reasonably be much of the cargo as was laden in lighters supposed that notification of the blockade had ready for loading, before the blockade. And been made public there, shall yet be found with respect to the evidence of time of loading, attempting, or intending to violate such blockwhich much must be left to the discretion of the ade, such vessel shall be seized, and sent into detaining officer, who must judge from all the some port within her Majesty's dominions for circumstances of the case. Time, however, legal adjudication before the High Court of would afford some test of the time of loading; Admiralty of England, or some other Court of for if a ship, having fit wind and weather to Admiralty duly commissioned to take cognileave a port blockaded, should not do so till a zance thereof; provided, that if such ship or considerable time had elapsed since the block-vessel be owned by subjects of France, the ade was imposed, there would be strong pre- same shall be taken into France for adjudicasumption that her delay was connected with tion. the want of a cargo in the first instance, and the loading of it afterwards. "Closely connected with the question of permitted egress and ingress, is the effect of a large number of vessels entering, or leaving a blockaded port, without being interfered with by the blockading ships. This is a question of "And if any neutral ship or vessel be found coming out of any blockaded port, which she shall previously have entered in breach of such blockade, or if she shall have any goods, or merchandise on board laden after knowledge of the blockade, such ship, or vessel, and the goods and other effects on board shall, in like 456 Opinions of the Press on the Bills of Exchange Bills.—Newcastle-on-Tyne Law Society. manner, be seized, and sent in for adjudica-frauding all other creditors of their dividend of tion. But any neutral ship or vessel coming his estate, or, what may much more reasonably out of any such blockaded port, in ballast, or be expected from distressed persons, enabling having only goods or merchandise on board such holder to collude with a particular debtor, laden before the knowledge of the blockade, and sweep away all his goods to the defeat and shall be suffered to pass, except there be other loss of all other claimants. grounds for detaining her, and a notice and warning shall be written upon one or more of her principal ship's papers, prohibiting such vessel from again attempting to enter such port during the existence of the blockade. "It appears from this instruction, that all her Majesty's chips of war, and not merely those which may happen to form a blockading squadron, should, in case of a blockade, stop, visit, warn, and, if necessary, seize any neutral vessel, wherever met." "With the details of the Bill it is to be hoped that the Committee will render it unnecessary to deal. At the present moment all persons granting bills of sale and mortgage have their names distributed over all parts of the country by means of registration, and socalled" societies for the protection of trade;" yet, after all this publicity adopted so as to give additional value to the securities referred to, a bill of exchange given by the same debtor conditioned for payment at a shorter date, may enable the holder to prevent all remedy, either to the mortgagee or vendee, or any other OPINIONS OF THE PUBLIC PRESS having claim on the estate. ON THE BILLS OF EXCHANGE BILLS. THE Continentalising, so to speak, of the laws of England, requires more attention than it seems of late to have commanded. Scarcely an alteration has been made of late years in our code without a further approach to that despotism in small matters which always characterises the legislation of the Whigs. The whole system of the County Courts, and the luckless Bankruptcy Statutes, are evidences sufficient of this, and might have acted as a warning against any attempt to push the practice further. A Bill has, however, been read a second time in the Commons, and agreed to be referred, with another, to a Select Committee, which tends to enable the holder of a bill of exchange to dispense with all the ordinary tribunals, and by the aid of a new jurisdiction to obtain an undue, and in most cases a fraudulent, preference over all other creditors what soever. "We have adverted to this proposed Act because its real effect may be very easily mistaken, and the consequences to all who may receive bills as a security, or give them as a convenience in however certain a hope of meeting the responsibility, are of so serious a nature recent wanton attempts at legislation."-From The Press" of the 7th April, 1855. as to demand strict attention to this last of the 66 NEWCASTLE-ON-TYNE LAW BILLS OF EXCHANGE BILLS. A PETITION to the House of Commons from the Members of the Newcastle-upon-Tyne and Gateshead Law Society, being Attorneysat-Law and Solicitors practising in Newcastleupon-Tyne and Gateshead sets forth :— That a Bill is now before your Honourable House entitled "Summary Execution on Bills of Exchange Act, 1855," and that by such Bill it is necessary in order to a proceeding under its provisions, ist. To employ a notary to present and protest a dishonoured bill. 2nd. To register the protest at an office to be newly constituted, and 3rd. To obtain an order of the Court of Common Pleas for payment-after and upon which judgment may be obtained. Should this Bill, or anything approaching it, become law, not the slightest provision will have been made for the possibility of the acceptor of any bill of exchange being disappointed in the receipt of his profits from lands, houses, or business. The acceptance will operate as a judgment, and all other creditors must allow the property of the debtor to be swept away by the holder of the bill of exchange. The Bill is rather freely denounced The petitioners beg leave most respectfully in certain quarters as "a job," and certainly to submit, that these three new steps or modes there is nothing in the appointments following of procedure do not in fact present any real or upon the creation of patronage under new Acts practical advantage over the present improved from the same source to negative such a sup- mode of proceeding by writ of summons, while position. However this may be, we cannot but the requiring a notarial protest as the founda agree with Sir Frederic Thesiger, that while tion of proceedings on a bill of exchange, will we have a law in England by which in have the effect of transferring a considerable eight days judgment may be obtained on a amount of business which properly appertains bill of exchange, it is scarcely necessary to im- to the petitioner's branch of the Profession port the law of Scotland, and make a new tri- to the office of notaries, to the serious prejudice bunal, for the purpose of giving the holder of "and detriment of Attorneys. And the peti such bill the advantage of oppressing his tioners submit that the proposed change, if debtor to his inevitable destruction, and de- carried into effect, will not be attended with Newcastle-on-Tyne Law Society.-Metropolitan and Provincial Law Association. any commensurate advantage to the public at large. 457 far more simple and less expensive process of addition to the proceedings now required bethe writ of summons, and will create a serious fore obtaining final judgment in an action on a dishonoured bill or note. note may at present issue a writ and obtain That the holder of a dishonoured bill or judgment, and issue execution thereon without the necessity of a protest or registration, the expense of which will be a burden quite unnecessarily thrown upon the plaintiff before obtaining execution. protest is evidence of the holder being entitled That it is assumed by the bill that a notary's to recover in an action against the drawer and indorsers of a bill, and upon this assumption special rights are conferred upon the holder of a protested bill. The petitioners respectfully venture to urge, that the professional emoluments of Attorneys and Solicitors have suffered material curtailment and diminution from the course of legislation during several years past, and far from being the opponents of measures of public interest and utility, the petitioners and the branch of the Profession to which they have the honour to belong, have cheerfully acquiesced in, and done their utmost to promote the same. The petitioners humbly and respectively submit, that from their professional status and practical experience, they are equally competent and eligible to present note and protest bills of exchange with the worshipful faculty of notaries. And that to confer upon or retain to the notaries the exclusive power to note and protest bills of exchange, under the extended quainted with the handwriting of the parties to That the notary must necessarily be unacprinciple and exigency which the Bill now be- the bill, and he presents the bill when payable, fore the House would, if passed into a law, call at a London bankers at the banking-house into existence, would be, in fact, to interpose a after banking hours. That such presentment, professional medium between the petitioners at a time when it could not possibly be paid, in and their clients, and therefore tend not only no way binds the drawer and indorsers. That to the detriment of the petitioners but to create new and complicated relations. The petitioners therefore submit, that should the principle of the above measure be affirmed by the House, the protest or formal presentment of a bill of exchange by an Attorney or Solici-tirely useless. tor, may have equal efficacy with that of a notary public. The petitioners, therefore, humbly pray, that in case the above Bill should pass into a law, the clause requiring a protest may be altered, so as to admit Attorneys and Solicitors to present notes and protest bills for the purposes of the proposed Act, equally and concurrently with notaries public. METROPOLITAN AND PROVINCIAL PETITION AGAINST THE BILLS OF EX the notary has no knowledge whether due notice of the dishonour of the bill by the acceptor is given to the other parties to the bill, and that, therefore, the protest affords no evidence of their liability, and is consequently en That there are only about 130 towns in and that in towns where there are no resident England and Wales in which notaries reside, notaries the Act can only be carried into effect by means of correspondence, and the employment of agents, which must necessarily entail considerably increased expense. peradded to the costs at the commencement That the protest and registration being suof the proceedings, the expense both in undefended and defended actions will be greatly increased. That the proposed new mode of procedure offers no advantage whatever over the present proceeding by writ of summons, but will, on the contrary, if adopted, only tend to render proceedings upon dishonoured bills and notes far more complicated and expensive. The petitioners, therefore, pray the House not to sanction the passing of the Bill into law. THIS petition states, that the objects of the Metropolitan and Provincial Law Association are to promote the interests of suitors by the better and more economical administration of the law, and to maintain the rights and increase the usefulness of the Profession. That the petitioners have carefully consi- PETITION IN FAVOUR OF THE BILLS OF dered the provisions of a Bill now before the House of Commons, intituled “An Act to permit the Registration of Dishonoured Bills of Exchange and Promissory Notes in England, and to allow Execution thereon." That, by the second and fifth sections of the Bill, it is provided that all bills and notes to be proceeded upon under its provisions must be protested and registered, and an order obtained against the parties to the bill or note, before judgment can be obtained. That these proceedings are entirely new, and are in effect to be substituted for the present EXCHANGE AND PROMISSORY NOTES BILL. the Bill now before the House, intituled This petition states, that the provisions of Notes Bill," are well calculated to prevent "The Bills of Exchange and Promissory the frivolous and fictitious defences which delay the plaintiff and increase his expenses in actions upon dishonoured bills and notes, and to obtain the same results as are proposed by the House, by a much shorter, and conse the Bills of Exchange Bill, also now before quently less expensive proceeding. 458 Law of Attorneys.-Law of Costs.-Practice as to Acknowledgments of Married Women. That the proposed alteration in the form of the common law writ in actions upon bills and notes will entail no additional expense upon the plaintiff, and will prevent frivolous and vexatious defences, by requiring the defendant to obtain the leave of a Jndge before appearing and defending an action. That the mode of proceeding proposed by the said Bills of Exchange and Promissory Notes Bill is easy and simple, and, being in accordance with the improved practice under the New Common Law Procedure Acts, can be carried into effect with the greatest facility. That the provisions of the said Bill apply with equal advantage to all parts of the country, without requiring the appointment of any new officer, or adding anything whatever to the costs of the plaintiff, and only prevents a defence to the action on a dishonoured bill or note when the defendant is unable to make out a prima facie case. The petitioners, therefore, pray the House to pass the Bills of Exchange and Promissory Notes Bill. LAW OF COSTS. OF DEFENDING ACTION AT LAW, ON RElief OBTAINED IN EQUITY. THE surety to an agreement between bankers from the latter, pleaded to an action on the and a customer guaranteeing the balance due guarantee which was brought on the customer's becoming bankrupt, and then filed a bill for an injunction. it appears, thought, in the first instance, that Turner, L. J., said, "The plaintiff in equity, he had a good defence at law, and pleaded several pleas in an action brought by the bank upon the original guarantee to recover the 1,000l. He allowed the action to go on until the record was completed, and then, and not till then, he filed this bill for relief against the guarantee. I concur in Mr. Malins' argument, that where a party defends an action at law, and afterwards resorts with success to a Court of Equity, it is the habit of the Court not to saddle his opponent with the costs both at law and in equity, but only with the costs of one proceeding. The plaintiff was entitled to have the question fairly tried, and to have the costs of one trial of it, but of one only. The effect of his proceedings in this case has been, that he double litigation. The defendants have failed has put the defendants to the expense of a THE mortgagee's solicitor delivered his bill of costs, amounting to 1567. 158. 10d., to the solicitor of the mortgagor, on May 6th, 1853, and although objections were made to some of the items the matter was in equity, and the Court was therefore right in settled, and the amount of the bill retained making the costs in equity against them. But out of the mortgage money, 8,0007. It ap- it was the duty of the plaintiff to have elected peared that complaints were afterwards at an earlier stage of the action at law to what made and the mortgagor's solicitor proposed proceedings he would resort. He should not a reduction of 307., or a reference to abitra- have pleaded, and put the defendants in equity tion, which was refused, but an abatement to a further expense at law. My opinion is, of 151. was offered. On April 5th, a petition was presented law will be to direct that the plaintiff in equity that the right mode of dealing with the costs at for a taxation of the bill, on the ground of overcharge, specifying items, some as not chargeable, and others as exorbitant and excessive, and in particular an item of 201. for procuration money. should pay the costs at law subsequent to the declaration; and, with respect to the costs of the appeal, I think that the plaintiff in equity should have the deposit ouly."—Watson v. Allcock, 4 De G. M'N. & G. 242. PRACTICE AS TO ACKNOWLEDG- The Master of the Rolls said: "In this case I have had a great deal of hesitation and doubt, and I thought that some of these items might, of themselves, be sufficient to open the bill. On closer consideration, though one is very strong, yet, considering BLANK IN COMMISSION FOR HUSBAND'S the length of time since the settlement, cannot order a taxation. In all these cases of mortgagor and mortgagee, there is degree of pressure. I shall dismiss the petition without costs." In re Bailey, 18 Beav. 415. some CHRISTIAN NAME. THE Court allowed a Commission to take the acknowledgment of a married woman in Australia, under the 3 & 4 Wm. 4, c. 74, s. 83, to go out with a blank for the christian name of the husband, which was unknown here, the Acknowledgments of Married Women.-Points in Com. Law Practice.-Expiring Laws. 459 marriage having taken place in Australia. In practice, that the nature and object of the serre Legge, 15 Com. B. 364. DISPENSING WITH NOTARIAL CERTIFICATE. The notarial certificate of an acknowledgment by a married woman, taken at Corfu before the chief magistrate, was dispensed with, upon its being sworn that there was no English notary resident in the island, and that the chief magistrate was a person duly authorised to take affidavits there. The affidavit was directed to be attached to and filed with the proceedings. In re Hurst, 15 Com. B. 410. vice were explained to the party served? At AFFIDAVIT ON MOTION TO SET ASIDE Held, that the affidavit upon which a rule is obtained to set aside proceedings to outlawry, must show that the party making it is duly See Plunkett v. Buchanan, 3 B. & C. 736; 5 authorised as the attorney of the defendant. D. & R. 625; Houlditch v. Swinfen, 2 N. C. IDENTITY OF COMMISSIONER, WRONGLY AD- 712; 3 Scott, 169; 5 Dowl. P. C. 36. Skinner v. Carter, 15 Cɔm. B. 472. DRESSED. The Commission to take the acknowledgment of a married woman in New South Wales was addressed to John Bingle the younger, but he signed it John R. Bingle. There was, however, an affidavit identifying the signature and person of John Rayden Bingle as those of the party described in the certificate as John Bingle the younger: Held sufficient. In re Bingle, 15 Com. B. 449. FILING AFFIDAVIT NOTWITHSTANDING ERASURE. The Court allowed a certificate of acknowledgment and affidavit of verification taken in New South Wales to be received and filed notwithstanding an erasure in a material part of the affidavit, there being satisfactory evidence (by affidavit) that the erasure was made before the acknowledgment and affidavit were taken and sworn. In re Bingle, 15 Com. B. 449. POINTS IN COMMON LAW Assessed Taxes (Great Britain)-59 Geo. 3, c. 51; passed 2nd July, 1819; amended 1 Geo. 4, c. 73; continued and amended 8 & 9 Vict. c. 36, and 13 & 14 Vict. c. 96; passed 14th August, 1850. To relieve Persons compounding for their Assessed Taxes from an Annual Assessment. See 16 & 17 Vict. c. 90, and 17 & 18 Vict. c. 1. Expires 5th April, 1856. Ecclesiastical Jurisdiction-10 & 11 Vict. c. 98; passed 22nd July, 1847. To amend the Law as to Ecclesiastical Jurisdiction in England; continued 17 & 18 Vict. c. 65; passed 31st July, 1854, as to certain provisions. Expires 1st August, 1855, and end of then next Session. Poor Law-10 & 11 Vict. c. 109; passed 23rd July, 1847. For the Administration of the Laws for Relief of the Poor in England; continued 17 & 18 Vict. c. 41; passed 24th July, 1854. As to appointment of Commissioners, &c. Expires 23rd July, 1859, and INJUNCTION TO RESTRAIN INFRINGEMENT end of then next Session. OF PATENT. Incumbered Estates (Ireland), 12 & 13 Vict. c. 77; passed 28th July, 1849. Further to facilitate the Sale and Transfer of Incumbered Amended and continued Estates in Ireland. 16 & 17 Vict. c. 64; passed 15th August, 1853; as to applications for sales, expires 28th July, 1855; as to appointment of Commissioners, &c., expires 15th August, 1857, and end of then next Session. Pleadings, Alterations in, 13 & 14 Vict. c. 16; passed 31st May, 1850. To enable the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading. Expires 31st May, 1855. Friendly Societies and Industrial Societies, 13 & 14 Vict. c. 115; passed 15th August, 1850. To consolidate and amend the Laws relating to Friendly Societies; continued and |