« EelmineJätka »
New Statutes.---Summary Procedure on Bills of Exchange Act, 1855. shall mutually agree, and that during the exist- ! SUMMARY PROCEDURE ON BILLS ence of any such agreement such chapels shall OF EXCHANGE ACT, 1855. be deemed and taken to be the chapels of and belonging to each of such burial grounds re.
NEW RULE FIXING COSTS OF JUDGMENT. spectively.
Michaelmas Term, 1855. 17. It shall be lawful for any burial board,
2nd November. 1855. with the sanction of one of her Majesty's principal Secretaries
State, and subject to regu- In pursuance of the “Summary Procelations approved of by him, to let any land dure on Bills of Exchange Act, 1855,” we, purchased by and vested in them under this the undersigned Masters of the Superior Act or any of the Acts hereinbefore recited, Courts of Conimon Law, have fixed, subject and which' has not been consecrated, and in which no body has been at any time interred, to the approval of the Judges of the said and which is not for the time being required Courts, the following sums for costs, to be for the purposes of a burial ground, in such allowed in cases in which the plaintiff has manner and on such terms as such board may signed final judgment for default of appearsee fit, but so nevertheless that power shall be ance, viz. :réserved to such board to resume any such Above 201.
£ s. d. land which may be required for the purposes
Agency on Country Cases, includ. aforesaid, upon giving six months' notice.
0 18. In every case in which any Order in
Town Cases .
Under 201. Council has been or shall hereafter be issued for the discontinuance of burials in any church
Agency on Country Cases, includ. yard or burial ground, the burial board or
2 0 Town Cases.
2 14 0 churchwardens, as the case may be, shall maintain such churchyard or burial ground of
FORTUNATUS DWARRIS, any parish in decent order, and also do the A. D. CROFT,
Masters of the necessary repair of the walls and other fences Jas. BUNCE,
Queen's Bench. thereof, and the costs and expenses shall be J. H. CANCELLOR,
Master of the repaid by the overseers, upon the certificate of
Common Pleas. the burial board or churchwardens, as the
W. H. WALTON, case may be, out of the rate made for the relief W. F. POLLOCK,
Masters of the
Exchequer. of the poor of the parish or place in which
John C. TEMPLER, such churchyard or burial ground is situate,
Approved : unless there shall be some other fund legally CAMPBELL,
C. CRESSWELL, chargeable with such costs and expenses. John JERVIS, SAMUEL MARTIN,
FRED. POLLOCK, CHARLES CROMPTON, 19. Nothing in this Act contained shall in
Jas. PARKE, R. B. CROWDER, anywise abridge, lessen, or defeat any power, E. H. ALDERSON, JAS. WILLES. right, or privilege of any local board of health
WM. WIGHTMAN, being the burial board of a borough created or to exist under or by virtue of any local Act of Parliament.
OF NORTHAMPTON AND CAMBRIDGE. 20. Any local board of health acting as or
It is ordered by her Majesty in Council, created a board under or by virtue of the that within one month after such order shall powers of any local Act of Parliament shall have been made and published in the London and may have and exercise all the powers, Gazette, all the provisions of “The Summary rights, and privileges which by this Act or by Procedure on Bills of Exchange Act, 1855," the secondly recited Act are or can or may be shall apply to the Court of Record of the had, enjoyed, or exercised by any burial board borough of Northampton; and that the powers therein named.
or duties incident to the provisions applied
under the said Act, with respect to matters in 21. The said Acts of the 15 & 16, 16 & 17, the said Court of Record, shall and may be and 17 & 18 Vict. and this Act shall be read exercised by the Recorder of the said Court and construed together as one Act.
for the time being, and in his absence by the Registrar of the said Court for the time being,
and by their respective deputies. A useful edition of this Act has been published, with notes, forms, and practical Court of Record of the borough of Cambridge
A similar order was made applicable to the instructions, by T. BAKER, Esq., Barrister called the Court of Pleas; and the Regis. at-Law, of the Burial Acts' Office.!
trar of the said Court for the time being shall
and may exercise the powers or duties incident ! W. Maxwell, 32, Bell Yard, Lincoln's Inn. to the provisions applied under the said Act
with respect to matters in the said Court.From the London Gazette of 2nd Nov.
Attorneys becoming Law Reformers--Law of Costs.-Points in Equity Practice. 29 ATTORNEYS BECOMING LAW intimate practical knowledge of the working REFORMERS.
of the law, are far more likely to promote re
forms, both in legislation and administration, We extract the following from the Birming-than the mere theoretical notions of a whole ham Journal of October 27.
Senate. It is almost a proverbial saying that "Strange as the assertion may appear to the the public suffer when attorneys are active; but incredulous, we know many instances of pa- be this as it may, such activity as we record triotic solicitors who devote much time and to-day can only result to the advantage of the effort to the public weal; but we confess to Profession socially, and to the benefit of the having hitherto considered the Profession as a
Public.” body which, whilst it possessed much power and frequent opportunities for promoting the
LAW OF COSTS. well-being of society in its laws and institutions, yet was not apt to recognise any claims upon it for these ends; and when we first
OF DISSOLUTION OF PARTNERSHIP ON heard of the great gathering of solicitors in
LUNACY. this town, we expected it would be to grumble
A PARTNERSHIP between two surgeons (enover reduced bills of costs, and to devise titled to share the profits equally) was dissolved means for bringing more grist to the mill. as from the date of the decree, upon one partGreat, therefore, was our surprise and plea- ner becoming lunatic although not so found by sure to find that at the meeting, of which a long report appears in our present number, inquisition. and which meeting comprised some of the The Vice-Chancellor Wood, on further dileading attorneys from the metropolis and all rections, made an order for payment of the the principal towns of England, the topics costs of both parties out of the partnership aswhich chiefly occupied the members related to the amendment of the larv; and the amend sets, upon the authority of Besch v. Frolich, 1 ments urged were such as are much more im. Phill. 172 (Reg. Lib. 1843 a, fo. 1749). Jones portant to the general public than to the legal v. Welch, 1 Kay & J. 765. practitioners. Out of the eight papers, three only related to the personal interests of the
POINTS IN EQUITY PRACTICE. Legal Profession, and those three had reference not to their pecuniary interests, but to their social position, and the means for improve
SUPPLEMENTAL ORDER BEFORE DECREE ing it. These means were an extended general
WHERE CAUSE DEFECTIVE. education, as a condition for admission, and WHERE a cause became defective before the removal of the distinction between advo- decree by the birth of a child who was a necates and attorneys, which exists in no other country besides England, and thus opening cessary party as defendant, a supplemental the door to honourable advancement.
order against such infant was made under the "We congratulate the attorneys and solicitors 15 & 16 Vict. c. 86, s. 52. Pickford v. Brown, upon possessing an association which affords' 1 Kay & J. 643. them an opportunity of uniting for these worthy objects. We rejoice to see them following the men of science in gathering together at stated
OF PLEA.-LEAVE TO AMEND. times the elite of their body for the collection and comparison of the results of their observa- A plea, setting up the insolvency of the tions in their peculiar sphere during the past plaintiff, was allowed, and the plaintiff thereyear, and for the discussion of the general
upon applied that the cause should stand over principles deducible therefrom. If this were a matter of importance to one class only, we on the suggestion that before the hearing he should not be disposed to notice it; but the would have obtained an order revesting the public are deeply interested in the encourage- estate. ment of this, to us, new feature in the body.
The Vice-Chancellor Tood said :-"As to Attorneys have opportunities which no other class possess of observing the defects in the the possibility of the plaintiff obtaining an operations of laws most deeply affecting the order before the cause comes on to be heard, welfare of society; and their reading enables the proper course would have been to have them to make known the secrets of blue books postponed the hearing of the cause for that and the private history of legislation. But without such meetings as that to which we purpose. If the plea is brought on for hearhave referred, and the public spirit engendered ing, it is the hearing of the cause ; and when and fostered by it, the public would lose the the cause is being heard the Court cannot benefit of this knowledge and observation. Let allow it to stand over on the speculation that it be known then far and wide that the attorneys place themselves in the van of law reform, at some future hearing, or on some future day, and let the public admit of no retreat. The the plaintiff may have put himself in a position experience of such a body of men, and their to maintain his hill."
CAUSE STANDING OVER AFTER HEARING
Metropolitan and Provincial Law Association. An application was then made for leave to cess analogous to the foreign attachment of the amend for the same purpose, on the ground city of London, to the arrestment of Scotland, that under the 15 & 16 Vict. c. 86, s. 53, facts should be issuable at the instance of an Eng
and to the attachment of the United States, or circumstances occurring after the institution lish creditor, under safeguards to prevent of a suit may be introduced by way of amend- ) abuse. ment.
Another defect in the Law of Debtor and The Vice-Chancellor granted the application. judgment could now be obtained in ordinary
Creditor arose from the facility with which Tudway v. Jones, 1 Kay & J. 691.
cases of debt, which led to the registration of
a greater number of judgments; and as these METROPOLITAN AND PROVINCIAL became incumbrances affecting the title to real LAW ASSOCIATION.
property, it was an object worthy of consideration whether, without injury to the judgment
creditor, purchasers could not be relieved, by Having in our last Number fully re- a summary and inexpensive method, from the ported the proceedings at the meeting of entanglement of several mortgages and of sethe Society at Birmingham on the 22nd veral judgments. This he considered could October, so far as they related to the imme. be safely and readily accomplished by means diate interests of the Association and its of the machinery of the Court of Chancery. members, we now submit to our readers the of 1849, as the master grievance of the Law
The writer referred to the Bankruptcy Act papers which were read, and the observations of Debtor and Creditor. He trusted that the which were made at the several meetings meeting would not separate without agreeing on the 22nd and 23rd October, regarding upon a memorial to the Lord Chancellor, praythe proposed amendment or reform of the ing his lordship to have the Bankrupt Act of law, wherein both the Public and the Profes-1849 submitted to the three gentlemen whom sion are equally concerned.
his lordship had appointed to revise and con
solidate the Statutes on the important branches THE LAW OF DEBTOR AND CREDITOR.
of the law, as being one requiring revision “Defects in the Law of Debtor and Credi- more urgently than any other, with instructor practically considered, in order to their tions to prepare a new Bill, in which matters Legislative Amendment," was the title of the should be expressed in plain and intelligible paper read by Mr. Lowndes, of Liverpool. The and not in incoherent and contradictory terms, writer commenced by referring to the import- like many portions of the Act of 1849, and ant changes which had been made of late years particularly the clauses as to arrangement by in this country in the proceedings for the re- deed. covery of debt.
Notwithstanding what had The writer pointed out at great length the been done, he thought that all had not been difficulties in the carrying out of these and done for the creditor which in reason and other clauses of the Bankrupt Act; and conjustice ought to be accorded to him. He had cluded by some remarks on the injurious conknown a person absconding by one vessel, and sequences to the community from the abolition valuable goods he was removing from this of the Usury Laws, instances having come to country shipped by a subsequent one, the cre- his knowledge in which persons had obtained ditor arriving too late to arrest the debtor, but loans from loan societies at a most exorbitant in sufficient time to identify goods in the rate of interest, to the injury of their lawful course of shipment on the debtor's account, creditors. but unable to take any step to detain them. It Mr. Ryland asked if any gentleman present might be said that the Act for the Amendment had any experience of the manner in which of the Law, 1852, had facilitated the remedy loan societies were conducted ? He had had where the debtor went to reside abroad by per- but little, but they appeared to him to be inmitting the creditor to issue process and to stitutions the object of which was good. As serve his debtor abroad. This was no doubt he understood them, he believed they were sothe intention of the Act, but it was so fenced cieties the object of which was to place the round with forms, and its operation attended means of capital within the reach of persons with so many difficulties, that it could be sel- engaged in business on a very small scale, and dom made practically available. Besides, a he had known loans obtained from them with debtor residing abroad might owe money in a very beneficial result. With reference to the England, and his creditor might find goods or great number of actions instituted in Liver. property which ought to be available for the pool by loan societies, as mentioned by Mr. payment of his debts, and yet he might not be Lowndes, he did not see in the statement more able to make him bankrupt either from want than a proof that the societies were doing an of proof of trading or of an act of bankruptcy, immense amount of business, and he thought so that, without an alteration of the law, such they might fairly assume that all the debts ingoods or property must remain unmolested. curred in connection with them would not As a remedy for this defect, he suggested that have to be recovered by process of law, but when the goods or property of a debtor non- that if there were so many hundreds to be resident in England could be found, some pro- sued, there were many more who were not so 31
Metropolitan and Provincial Law Association. dealt with. He should not like it to go forth | between traders and non-traders. It had that the body who met there that day were always appeared to him that if an individual becondemning loan societies unless the experi- came indebted beyond his means of payment, ence of those present went to support such a the fact of whether he was a trader or otherwise, suggestion.
ought not to constitute a reason for putting Mr. Birch, of Lichfield, asked if the societies into operation a different machinery for dismentioned by Mr. Ryland were not of a differ- tributing his estate among the creditors. He ent class from those referred to by Mr. Lowndes therefore thought it worthy of consideration, -whether the former did not speak of clubs whether in the event of an alteration in the in which persons joined together to lend money Bankruptcy Laws, some attempt ought not to to those of their own number who required it, be made to make their machinery apply to all and who repaid it by instalments, while the classes of debtors. One other point had relatter referred to societies got up for lending ference to that provision of the Common Law money to those who did not belong to them ? Procedure Act, which enabled them to recover
Mr. Lowndes said, the last-mentioned so- from persons resident abroad, debts which, ciety was the kind to which he alluded. until that Act passed, were absolutely lost.
Mr. Ryland said the societies to which he He had been able in several instances to obtain referred did not confine their operations to payment from debtors in New Zealand, Ausmembers. He would mention one case which tralia, and at the Cape of Good Hope, of sums lately came under his observation. A man in a which must otherwise have been altogether lost small way wished to increase his business, and to his clients. So far the Act had done good; to do so had recourse to a loan. It was too but the draughtsman who drew it up had so small a sum for any solicitor to negotiate, and burdened it with forms that he doubted whether, he (Mr. Ryland) asked a banker in the town if a debtor chose to defend himself, any prowhether the person might be sent to a loan fessional man could recover the amount of the society. The banker's reply was, “I can only debt. In the first place the writ was to be served tell you that some of them are very respec- within six months, whereas it was impossible table, and that I am a director of one of them." for a creditor in this country to say at the end The man applied to the society for a loan; the of six months whether it had been served in only thing he had to do was to find two per- Australia, as it was a matter of doubt whether sons willing to become sureties for the repay- it really could be served in that time. Soliciment of the sum; and the money being at tors were also now compelled to issue two once obtained, great good was the result. writs, one to keep in town and the other to go
Mr. Avison, of Liverpool, said, the chief abroad, and of course this increased the exevil in connection with loan societies which pense to the creditor, whose debt was already had come under his notice arose from the fact risked; but one inconvenience of the Act was, that parties became securities without suffi- that no one could tell them how they were to ciently knowing what they were doing. renew the writs. They were told they might
Mr. Ryland said, that before these societies have concurrent writs, and that if they could received the sanction of Parliament, there were not make use of a writ within a certain time, loan clubs in existence at publić-houses, got then it might be renewed. But to get it reup by the landlords with the view of inducing newed they were bound to obtain the seal of persons to come there and drink. Though he the Court to it, and how could they do this knew little of the organisation of the new so- when the writ was in Australia. He now took cieties, he had always regarded them as an im- the precaution of getting two writs, calling the provement upon the old system.
one a concurrent writ, and renewing it from Mr. Burton thought, that the society of which time to time as was required, but this was Mr. Lowndes spoke was similar to those which simply a plan for overcoming an evil that ought were regarded as great pests in London, and not to exist. With regard to the loan societies, which, managed by three or four broker's men, his experience was very small, but certainly the lent money to the poorer classes at a wicked worst case that had ever came under his notice rate of interest. The discussion reminded him arose in connection with what was called a of the fact, however, that the strongest point mutual loan society. In winding up a person's urged in support of the abolition of the Bir- estate for trustees, he found that this person mingham Borough Court, before the Privy was about to obtain a loan of 5001., and the Council, consisted in the allegation that its sum he was to pay for the accommodation, begreat suitor was a loan society in this town. sides a great deal for the preliminary expenses,
The Chairman remarked, that they doubtless would have amounted to 1501. a year for five owed their origin to the repeal of the Usury years, the security for the repayment of the Laws.
sum at the end of the time being a life assuMr. Benham said, he hoped the Association rance policy which would alone cost him 51. a would not lose sight of the suggestion made month, as he was somewhat advanced in life. by Mr. Lowndes, for the amendment of the Mr. Avison expressed a hope that in any Law of Debtor and Creditor. There was one alteration that might take place in the Laws of point which had not been touched upon, though Bankruptcy, a leaf might be borrowed from it had always appeared to him that it might be the Scotch Law. In Scotland, when a person reformed with great advantage, and that was died deeply in debt, his estate was sequestrated the non-necessity of keeping up distinctions and administered on the creditor's behalf in a
Metropolitan and Provincial Law Association. comparatively short time. In this country it mat was dead or alive, but that the test must was not so, as it often happened that there was be the nature of the estate, whether solvent or no remedy applicable to such cases except that insolvent. In all cases of solvent estates it of entering into a Chancery suit, which might might be that the Court of Chancery was best, extend over a number of years, during the but in cases of insolvent estates it was clear whole of which time a creditor might be kept that the Court of Bankruptcy was of necessity out of his debt. He (Mr. Avison) was at that the best. time interested in a case which made him feel Mr. Birch reminded them of the additional the anomalous position of the law in this fact in favour of the views just urged, that specountry on that point, and he thought it would cial creditors had no preference in the Court of be wise if they could adopt something of the Bankruptcy. same nature as existed in Scotland.
Mr. Bulmer said, he knew of a case in which Mr. Burton mentioned, that to meet the case a bill was filed by a 30l. creditor. In the just referred to, there was the process of claims course of a year the proceeding cost 965l., and in the Court of Chancery which cost a few even then the special creditors swept away pounds, and occupied as many weeks in being everything, so that the rest of the creditors had gone through. He scarcely thought that was nothing. a boon to the Profession.
Mr. Ryland said, there was a simple way of Mr. Keary said, that if they went into this getting over the difficulty in regard to small matter there was one thing against which they estates—that of getting the Bankruptcy Com. must protest, and that was the enormous missioner to state a case for the opinion of the amount of the fees paid in bankruptcy, which court above, upon the application of the par. swallowed up a large portion of an estate in a ties. The accounts could be better taken in a way tliat was perfectly unnecessary. The case County Court than in the Master's office, but of Hammersley was one in point.
in the event of a point of law arising, let the Mr. Ryland said, that undoubtedly the pro- method he suggested be followed. They would cess mentioned by Mr. Burton was a great im- thus have the law of the Court above, and the provement as compared with the old system, simplicity and economy of the place where the but still it was an expensive one, and the right creditors live, and where they would be free way to judge of the two would be to compare from the costs attaching to a proceeding in the the mode of proceeding by claim and the mode Superior Courts. of proceeding in district Courts. It constantly Mr. Burton admitted that if the Court of came within the knowledge of solicitors that Bankruptcy were put on a proper footing, and when a man died, if it was a small estate, they the official assignees paid in another way, it advised their client not to proceed against the would be infinitely the better place to which to administrators, as the Court fees would swal- send such cases. low up the whole ; but if they could file a Mr. Lowndes.--But the Court must be mainpetition, and say to the Bankrupicy Commis- tained. sioner, " A. B. is dead; we require you to file Mr. Benham.—Yes, but they should be paid an account here ;” and if the assignees' costs by salaries instead of by fees. It is owing to our were revised so as to make them no more than paying them by commission in the way we do an equivalent for the work done, then they that all the great bankruptcies are kept out of would find that a proceeding in the Bankruptcy Court as much as possible. If the assignees Court in the matter of a dead insolvent was had a fixed salary, that would not be the case. very superior to that of proceeding by claims. The Chairman.-The great object of giving He hoped this point would be pressed, in the a commission was to induce them to make die event of any alteration being proposed, especi- vidends, as uatil this was done they had no ally as it had already been before Parliament. costs.
Mr. W. Shaen said, that as mention had Mr. Lowndes.—That end might be accombeen made of the case of Hammersley, he plished by giving them a salary and also a might remark that taking advantage of it, the commission on the payment of dividends. committee in London presented a petition to A formal request having been made to Mr. Parliament drawing attention to this very point. Lowndes to prepare a memorial for presentaOne strong point was with regard to the neces. tion to the Lord Chancellor, praying a revision, sity for stamping powers of attorney in receiv- amendment, and consolidation of the Banking dividends on the estate. He ascertained at ruptcy Statutes, the meeting separated for the the Chancery office that the amount paid to day. Government in respect of such stamps was within a few pounds of the total amount of The Association reassembled on Tuesday taxed costs in the whole proceeding. In the morning at 10 o'clock, when Mr. Lowndes Court of Bankruptcy the whole of that would submitted and read a memorial for presentabe saved, as all that was required to enable one tion to the Lord Chancellor, and then moved, person to receive money for another was the “ That the draft memorial just read be referred written order of the creditor. With regard to to the Council of the Metropolitan Association, the dead men's clauses, as they were called, with full power to modify and alter the same the committee had likewise pressed them upon as they think proper.”. the attention of Parliament, and it had pointed Mr. Shaw, of Leeds, in seconding the motion, out that the true test could not be whether a remarked that the only part which seemed to