110

New Oder in Chancery.-Review: The Limitel Liability Act, 1855.

know whether there is any or what Glebe, which the cause is distinguished in the You will ob ge me by NOT noticing this trans-cause-books kept by the Clerks of Records action in th Examiner. and Writs.

“I am, sir, you obedient servant,
""TRURO.''

"We respected this injunction as long as Lord Truro lived, but there is no need that a man's good actions should remain secret after death. The living thus modestly and nobly offered, and accepted with deep gratitude, was but the payment of a public debt; and he to whom it occurred to pay it should hereafter not be forgotten when Southey's name in literature is remembered. We may add that Lorduro's sympathies were always active in this direction, and the readers of Charles Lamb's Life and Letters will remember some very pleasant allusions to Serjeant Wilde."

NEW ORDER IN CHANCERY.

ENTRIES IN CAUSE-BOOKS AT THE RE

CORD OFFICE.

Friday, the 30th day of November, in the 19th year of the reign of her Majesty Queen Victoria, 1855.

2. The Clerks of Records and Writs are, in addition to the entries heretofore made by them in their respective cause-books, to enter therein respectively the date of every decrce, order, report, and certificate which shall be made in each cause.

3. The entry of every such decree and order is also to contain a reference to the date and folio of the Registrar's bock in which such decree or order shall have been entered.

4. These orders are to take effect on and from the 1st day of Hilary Term, 1856, and they are not to apply to any cause commenced before the 1st day of Michaelmas Term, 1842.

(Signed) CRANWORTH, C.

JOHN ROMILLY, M. R.
RICH. T. KINDERSLEY, V. C.
NOTICES OF NEW BOOKS.

By

The Limited Liability Act, 1855.
THOMAS HENRY HADDAN, Barrister.
Maxwell, Bell Yard.

The Law of Limited Liability, Partner-
ship, and Joint-Stock Companies. By
JOHN FREDERICK ARCHBOLD, Barris-
ter. Shaw & Sons, Fetter Lane.
The Limited Liability Act, 1855. By
GEORGE SWEET, Barrister. Sweet,
Chancery Lane.

THE Right Honourable Robert Monsey Lord Cranworth, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable Sir John Romilly, Master of the Rolls, and the Hon. the Vice Chancellor Sir R. T. Kindersley, doth hereby, in pursuance of an Act passed in the Session of Parliament holden in the 5th and 6th years of the reign of her present Majesty, c. 103, and of an Act passed in MR. SWEET informs us in his Preface, the 18th and 19th years of the reign of her present Majesty, intituled "An Act to make that "the Limited Liability Act is the further provision for the more speedy and result of a well-organised agitation by some efficient despatch of business in the High capitalists and speculators, who have been Court of Chancery," and in pursuance and execution of all other powers enabling him In that behalf, order and direct as follows:

unable to obtain charters from the Board of Trade." We confess that we did not know this. We believed that a body of Commissioners had been appointed under the Great 1. Every decree, order, report, certificate, Seal;-that among them were to be found petition, and document, made, presented, or used in any cause in this Court is to be dis- some very eminent mercantile lawyers, and tinguished by having plainly written on the the names of Judges both from Westminster and from Edinburgh ;—and that these first page of such decree, order, report, certificate, petition, and document, the date of considered this subject, and had obtained, Commissioners most fully and anxiously the year, the letter, and the number by for the purpose of so doing, the opinions of

"Eight days later we received the presentation completed, with the Great Seal attached, and accompanied by the subjoined note :

Eaton Square. "The Lord Chancellor presents his compliments to the Editor of the Examiner, and has the pleasure to hand to him the presenta tion of Mr. Southey to the Living, of which Mr. Southey may forthwith take possession. "18th January, 1851.'"

many leading merchants and of foreign jurists. We had some recollection that a majority in number of the Commissioners had reported adversely to the policy of limited liability in partnership; but a masterly argument of Mr. Bramwell in its

The measure, according to our recollection, was strongly opposed in Parliament by several of the most wealthy commercial men.

Review: Limited Liability Act, 1855.-Summary Procedure on Bills of Exchange Act. 111

value, of the work. The time has been
when Mr. Archbold's name carried with it
authority; but we regret, for the author's
sake, to find that his recent publications
are not calculated to earn, or likely to ob-
tain, the confidence of the Profession.

favour, which we recollected to have read, consists of an abstract of the Limited Lia-
seemed to us, as it did (in our im- bility Act, also followed by a reprint of the
agination it now appears) to a majority Statute. An Index and Messrs. Shaw &
of the Legislature, unanswerable and con- Son's Catalogue of the works published by
clusive. We have been all wrong, how- them, from "LYNAM'S ROMAN EMPERORS,
ever, in attributing to the wisdom of our dedicated by permission to the Right Hon.
Legislators the assertion of the principle of the Earl of Carlisle, in 2 vols. 8vo., beauti-
limited liability. Mr. Sweet knows a great fully printed, with a fine portrait of the
deal better. The "capitalists" and "spe- author," down to a publication well known
culators," he tells us, and tells us so confi- to our grandfathers, -Serjeant "Bootes'
dently that we dare not doubt his assertion, Historical Treatise of a Suit at Law," add
"secured the services of a large portion of to the size, if they do not increase the
the public press and of her Majesty's Go-
vernment, with such effect, that the funda-
mental principles of the Law of Debtor and
Creditor were assailed and partially over-
turned, before (!) a single supporter of the
measure in the House had so far learned
his lesson, as to be able to speak on the
subject without committing the most lu- Mr. Haddan has been hitherto unknown
dicrous blunders." Mr. Sweet has never- as a legal author, but he is not likely to
theless done his best, he admits, "to fulfil remain so. His work is evidently not one
the ordinary duties of an editor with respect of those "half profits," or rather "no pro-
to the Limited Liability Act; but its de- fits," publications, which whenever an im-
merits are such and so manifold as to make portant Statute is passed are foisted on the
it anything but an agreeable subject of Profession by a few of the most gullible of
comment. Indeed (says Mr. Sweet), my the junior members of the Bar. These
principal motive to the undertaking was, "half profit" publications, while they yield
that I might make it a vehicle for giving the publisher, however, a secure profit,
further currency to some already published serve only to destroy the market of a really
remarks on the policy of the late and the good book, and in this way indirectly to
threatened alterations in the Law of Part prevent good men from writing good books;
nership." With every respect for Mr. and we wish earnestly to see the system
Sweet's acknowledged learning, experience, extirpated. We could name books by the
and ability as a legal Author, we cannot dozen published in this way, for the sole
agree that he has adopted the proper mode benefit of the publisher, to the degradation
of editing an Act of Parliament for the use of the Bar, and the destruction of all en-
of the Profession. We readily admit that couragement for honest labour in book
the Act is imperfect, and that it requires writing. Mr. Haddan's work, we say, is
amendments, of which probably Mr. Sweet
will still disapprove; but the principle of
limited liability is established, and our duty
is to provide against any abuse of the prin-
ciple and to work out the object of the Le-
gislature in as safe and beneficial a manner
as practicable.

evidently not one of the publications we
refer to; for whatever his arrangements
may have been, he has studiously and la-
boriously elucidated the provisions of the
new Statute. His book is in truth the only
"workmanlike" production we have seen
on this subject; and being so, we can con-
scientiously recommend it to those of our
readers who have anything to do, or are
called upon to question anything done,
under the Limited Liability Act, 1855.

The Summary Procedure on Bills of Ex-
change Act, 1855. By O. B. C. HAR-
RISON, Barrister. Wildy & Sons.

Mr. Archbold's labours on the subject of Limited Liability are divided into three PARTS. In the First Part he tells us that partners are persons jointly interested in carrying on a trade or business, and jointly sharing in the profits and losses thereof;that a contract made or bill granted by one, in the course of the trading, is binding on In this thin 12mo. of 28 pages, we have all; and that payment to one, or notice to the recent Statute in a much more convenione, is payment or notice to all. Part II. ent form than that furnished by the Queen's contains an abstract of the provisions of Printer, and with an Index, for one shilling. the Joint-Stock Companies' Act, followed It is a pity that the work was published by a reprint of the Statute; and Part III. before the issue of the new forms of en

dorsements on the 28th ult. Mr. Harrison | nefices united under the provisions thereof who points out those flagrant omissions of the at the time of the making of such order in Act, which have been for some weeks well Council were in possession respectively of such known to the Profession, and adds a few benefices, without the consent of such incumbent expressed in writing.

references to recent cases.

UNION OF BENEFICES ACT.

18 & 19 VICT. c. 127.
[Concluded from p. 95, ante.]

8. If for the purposes and objects of this Act it shall be found necessary or desirable to provide for the erection of any new church or parsonage house, for the pulling down or removal of any existing church or parsonage house, in either of the benefices proposed to be united, for the sale of the materials or site 6. It shall be lawful for her Majesty in of the same for the appropriation of any plate Council, by any order or orders affirming or or other property held in trust by the churchapproving any scheme of the Commissioners, wardens of any church to be pulled down, for and directing a union of any parishes, or by the disposal of any organ in such church, for any other order or orders, to direct that such the appropriation or re-appropriation of any or such part of any lands, tithes, tenements, or pews or sittings in the church of the united hereditaments, or other permanent endowments benefice left standing, for the transfer of any of the benefices proposed to be united, shall lectureships, the sale of any parsonage houses, be subject to such rentcharge, or excepted out with their appurtenances, for compensations to of such benefice when united, and be trans- parish clerks or other officers, for arrangement ferred and annexed to such other specified be- with respect to fees or vestry-rooms, it shall nefice, and upon the order or orders directing and may be lawful for the church building such rentcharge or transfer and annexation Commissioners to make proposals thereupon coming into operation the lands, houses, tithes, as part of their scheme, and such proposals or tenements, or hereditaments, or other perma- any of them shall be subject to objection and nent endowments, so directed to be subject to protest as herein-provided: Provided, neversuch rentcharge, or to be transferred and an-theless, that nothing in this Act contained shall nexed, shall, without any further deed, trans-authorize the sale of any plate heretofore used fer, or other assurance, become and be for ever for the purposes of the Holy Communion, but subject to such rentcharge or annexed to such benefice, as the case may be, and shall be held and enjoyed by the incumbent thereof for the time being as the endowment or a part of the endowment thereof, subject and without prejudice nevertheless, to all leases, grants, rents, charges, and incumbrances existing at the time of such rentcharge or transfer and annexation 9. Nothing in this Act contained shall be legally affecting the same, except so far as any taken or construed to legalize the sale or letting such apportionment as aforesaid may affect the of any burial ground or churchyard, or of the same respectively; and all such lands, houses, site of any church to be pulled down, if there tithes, tenements, and hereditaments, or other shall have been any interments or deposits in permanent endowments, when so transferred any grave or vault under the site of such or annexed as aforesaid, shall belong to and church; and if there shall be any tablets or the same and the rents and profits thereof monuments erected in such church, such tabshall be recoverable by the incumbent of such lets or monuments, if not removed by the legal benefice for the time being, in the same representatives of the parties to whom the same manner and by the same remedies as were were erected, shall be carefully removed, at applicable thereto before such transfer and the cost and charge of the parties removing annexation.

7. The Order or Orders in Council affirming any scheme, or directing any union of parishes, rentcharge, transfer, or annexation as aforesaid, shall, as soon as may be after the making thereof by her Majesty in Council, be inserted and published in the London Gazette, and shall be registered in the registry of the diocese, and the registrar of the diocese is hereby required to make such registry; and such Order in Council, so soon as the same shall have been gazetted, shall have full force and effect of law in all respects and as to all things therein contained, any law, statute, canon, grant, usage, or custom to the contrary, notwithstanding: Provided always, that nothing in this Act contained shall be construed to affect the rights and interests of any of the incumbents of be

the same shall be transferred, with the consent of the bishop of the diocese, to the church of the united benefice, or if such plate be not needed for such church, then to any other church or chapel or churches or chapels within the diocese which the said bishop may select.

the church, and shall be fixed by them in some convenient part of the church thereafter to be constituted the church of the united parishes.

10. From and after the union of any two or more benefices under this Act, the church left standing and remaining within such united benefice shall be the church of the united parishes, and all meetings of vestry for ecclesiastical purposes within such parishes shall be vestry meetings of the parishes united under this Act; and the vestry-room of the church left standing within such united parishes shall be held to be the vestry-room of the united parishes for the use of the parishioners thereof, and also the vestry-room for secular purposes for the parishioners of each of the parishes forming the united parish, and for the care and preserva

tion of the deeds, muniments, and records be- | consent of the bishop of the diocese or Chanlonging to the same: Provided always, that cellor of the diocese under his hand and seal, nothing in this Act contained shall be taken or shall and they are hereby authorised to alter construed to interfere with any privileges or and readjust the pews or seats and the approliberties whatsoever reserved to any parishes priation thereof in the church of the united in the City of London by 22 Chas. 2, commonly benefice left standing, so that not less than called the City of London Fire Act. one-third of the sittings in such church shall be free and unappropriated, and the remainder be placed at the disposal of the churchwardens, under the control and direction of the bishop, of such church, for the use of the parishioners of such united benefice.

11. And whereas by the 6 & 7 Vict. c. 77, it was enacted, that out of the proceeds of any lands, tithes, tenements, or other hereditaments in the Principality of Wales, vested or to be vested in the Ecclesiastical Commissioners for England by or under the provisions of the said recited Acts or that Act, it should be lawful, by the authority therein-mentioned, to make provision, in whole or in part, for the competent maintenance of any spiritual person or persons (being a native or natives of the principality aforesaid) who might be licensed by the bishop of the diocese for the time being to officiate in any church or chapel within London or Westminster or the suburbs thereof, duly consecrated for the performance of divine service according to the rites and ceremonies of the united church of England and Ireland, in the Welsh language, and such bishop was thereby authorised to license any spiritual person or persons accordingly: It shall be lawful for the Bishop of London, if he sees fit, to appropriate for the performance of divine service in the Welsh language, so long as such provision shall continue to be made by the Ecclesiastical Commissioners for England, one of the churches within his diocese which might under this Act be pulled down: Provided always, that before such appropriation sufficient provision shall be made to the satisfaction of the said bishop for the repairs, maintenance, and support of the fabric of the church, so long as such church remains so appropriated.

12. And whereas difficulties might arise in the case of endowed lectureships, when the lectures have been customarily preached in a church which may be taken down under the authority of this Act: It shall therefore be lawful for the bishop of any diocese for the time being to prepare from time to time under his hand and seal a scheme or schemes for transferring such lectures to other churches, to be preached therein at such times as to the said bishop may appear convenient; and such scheme shall be submitted by the said bishop to the Charity Commissioners under the "Charitable Trusts Act, 1853," and such scheme, if approved of by them, or subject to such alterations therein as may appear to the said Commissioners advisable, and as shall be approved of by the said bishop, shall be valid for effecting the purposes therein-mentioned, and shall be registered in the registry of the diocese: Provided, nevertheless, that nothing in this Act contained shall give the bishop any power respecting the appointment of a lecturer without the consent of the incumbent of the church in which such lecturer is to officiate.

13. When any church is pulled down under the provisions of this Act, her Majesty's Commissioners for building new churches, with the

14. After any order in Council under this Act shall have obtained full force of law, the fee simple and inheritance of the site of any church or parsonage house by such order in council directed to be pulled down, and of the building materials of such church or parsonage house, shall, without any further transfer, conveyance, or other form of law being had, observed, or required, belong to and be vested in her Majesty's Commissioners for building new churches, in trust to make sale or dispose of such sites and materials or any part thereof, where the same may be sold, under the powers and for the purposes of this Act, and in further trusts to apply the proceeds of such sale or sales from time to time to such of the same purposes as in the said Order in Council may be indicated; and the said Commissioners, with the consent of the bishop of the diocese under his hand and seal, may make a valid conveyance in fee simple to any body or person of the site of any church or parsonage house pulled down under this Act, or by virtue of any Order in Council authorised hereby: Provided always, the said Commissioners shall give two calendar months' notice in the London Gazette previous to the sale or disposal of such site or any part thereof, in order that thereby facilities may be afforded for appropriating such site to sanatory purposes, public improvements, or the improvements of public streets in the vicinity; and if within two months from the time such notice shall have been inserted in the London Gazette the said Commissioners shall not receive an offer which in their judgment shall be satisfactory for the purchase of such land for the purposes aforesaid, it shall be lawful for them to make sale or to dispose of such ground, at such time and at such prices and in such manner as in their discretion shall seem fit, and to apply the proceeds of such sale or sales, from time to time, for or towards the purposes hereinbefore-mentioned.

15. The Church Building Commissioners shall make an annual report to Parliament respecting their proceedings in pursuance of this Act.

16. This Act shall extend only to that part of the United Kingdom called England and Wales.

17. The operation of this Act shall be limited to five years from the date of the same receiving the Royal Assent.

Notes on Recent Stututes.-Law of Costs.

of an amendment, he may abandon the reference for it is clear that he ought not to be restricted by the original state of the particulars from recovering the amount by which the

JUDGMENT AND PROCEEDINGS TAKEN particular item is increased by the order of the

"The plaintiff having afterwards elected to proceed with the reference, the rule was omitted the words "for money payable," as made absolute. Morgan v. Tarte, 11 Exch. directed by the schedule to the 15 & 16 Vict. | R. 82.

refusing to arrest the judgment (reported 10 OF FIRST TRIAL, WHERE SUCCESSFUL PARTY Exch. R. 724) took proceedings in error, lodging the writ with the Master and serving a copy on the plaintiff and putting in bail. The plaintiff then took out a summons at Chambers to amend the declaration, the Judge referring the matter to the Court.