Proceedings of the Legislature.-New Statutes effecting Alterations in the Law. 375 politan or central government, to which the provincial constituency and their representatives are strongly opposed. The other Bills before Parliament which have been heretofore noticed or do not require any immediate comment, are follow : Drainage Advances. Charitable Uses. Judgments Execution. Poor Removal. Church Rates. as peace of the counties of Middlesex, Surrey, Hertford, Essex, and Kent and of all liberties therein, to execute the duties in the said Act mentioned: And whereas by an Act of the further improving the Police in and near the Session holden in the 2 & 3 Vict. c. 47, "for Metropolis," it was provided, that it should be lawful for her Majesty to appoint the justices appointed and to be appointed under the said Act of the 10 Geo. 4, c. 44, to be justices of the peace for the counties of Berkshire and Buckinghamshire, and that the said justices should be styled "The Commissioners of Po Reversionary Interests of Married Women.lice of the Metropolis:" Be it enacted, as Advowsons. Misappropriation of Trust Property. NEW STATUTES EFFECTING ALTE- METROPOLITAN POLICE. follows: 1. There shall be appointed from time to time under the said Acts and be but one Commissioner of Police, who shall be styled "The Commissioner of Police of the Metropolis;" and the person who at the time of the passing of this Act may be the surviving or continuing Commissioner appointed under the said Acts or either of them shall be such Commissioner of Police of the Metropolis; and all the provisions of the said Acts concerning the removal and appointment from time to time of the said Justices or Commissioners, or either One Commissioner of Police only to be of them, shall be applicable to the removal and appointed after passing of this Act; sec. 1. appointment from time to time of "The ComPower to appoint two assistant Commis-missioner of Police of the Metropolis." sioners of Police, who, by virtue of such office, shall be justices of certain counties herein named; s. 2. THE preamble recites the 10 Geo. 4, c. 44; 2 & 3 Vict. c. 47. Provision as to salaries of such Commissioner and assistant Commissioners; s. 3. Assistant Commissioners to be within provisions of 4 & 5 Wm. 4, c. 24; s. 4. Powers vested in the Commissioners of Police under recited Acts to be exercised by the sole Commissioner; s. 5. Duties of assistant Commissioners; s. 6. Matters now required to be done by one Commissioner may be done either by the Commissioner or an assistant, as Secretary of State may direct; s. 7. In case of vacancy in office of Commissioner of Police, or of his illness or absence, an assistant Commissioner may act for him; s. 8. 2. It shall be lawful for her Majesty, by fit persons to be during her Majesty's pleasure warrant under her Sign Manual, to appoint two assistant Commissioners of Police of the Metropolis, and upon every vacancy in the office of any such assistant Commissioner in like manner to appoint some other person to such office; and every such assistant Commissioner shall by virtue of and during the continuance of the counties of Middlesex, Surrey, Hertof such appointment be a justice of the peace ford, Essex, Kent, Berkshire, and Buckinghamshire, and of all liberties therein, and execute the duties of a justice of the peace for the said several counties and for all liberties therein, although he may not have the qualification by estate required by law in the case of other persons being justices of the peace for counties: Provided always, that no such assistant Commissioner shall act as a justice of the peace at any Court of General or Quarter Sessions, or in any matter out of sessions, except for the preservation of the peace, the prevention of crimes, the detention and committal of offenders, and in carrying into execution the purposes of this Act and the said recited Acts. 3. There shall be paid to the Commissioner of Police of the Metropolis such salary not exceeding 1,500l. per annum, and to each of the said assistant Commissioners such salary not exceeding 8007. per annum, as shall be from time to time appointed by the Commissioners of her Majesty's Treasury, such salaries respectively to be deemed to include the remuneration for all duties which under the said Acts and this Act, or under any other Acts of Parliament, the said Commissioner of Police and assistant Commissioners respectively are 376 New Statutes effecting Alterations in the Law. or may be required or appointed to perform, mons, or voting in certain elections of members to serve in Parliament, or indirectly interfering therein, shall apply to and include the said assistant Commissioners to be appointed under this Act. and such salaries shall be from time to time paid out of such moneys as may be from time to time provided and appropriated by Parliament for the purpose. 4. The said assistant Commissioners of Police shall be within the provisions of the Act of the Session holden in the 4 & 5 Wm. 4, c. 24, in like manner as if their offices were enumerated in the Schedule to that Act. 5. All the jurisdiction, duties, powers, and authorities which, under the said Acts of the 10 Geo. 4 and the 2 & 3 Vict., or either of them or under any other Act of Parliament, are vested in or imposed on, or should or might, if this Act had not been passed, have been performed or exercised by, the Commissioners of Police of the Metropolis, shall be vested in and imposed on and shall and may be performed and exercised by the Commissioner of Police of the Metropolis; and all enactments contained in the said Acts or any Act of Parliament having reference to the Commissioners of Police of the Metropolis shall be applicable to the said Commissioner, save where otherwise, provided by this Act. 10. All Acts which, during any vacancy in the office of one of the Commissioners of Police of the Metropolis, have been done by the surviving or continuing Commissioner, shall be and be deemed to have been as valid and effectual as if there had been no such vacancy, and such Acts had been done by both the Commissioners. HOUSE OF COMMONS OFFICES. 19 VICT. C. 1. The preamble recites the 52 Geo. 3, c. 11. Appointment of clerk assistant confirmed, and future clerks assistant to be appointed by her Majesty; s. 2. So much of Acts as fixes salary of second clerk assistant repealed; s. 3. of Commons. 6. The assistant Commissioners, and each An Act to regulate certain Offices of the House or either of them, shall respectively, under the [28th February, 1856.] superintendence and control of the Commissioner of Police of the Metropolis, do and perform such Acts and duties in execution of the Acts relating to the said police as may be from time directed by any orders and regulalations made by the Commissioner of Police of the Metropolis, with the approbation of one of her Majesty's principal Secretaries of State. 7. Where by any Act of Parliament the provisions of such Act are required or authorised to be executed or any things are required or authorised to be done by one of the Commissioners of Police of the Metropolis appointed in that behalf by one of her Majesty's principal Secretaries of State, such provisions and things shall be executed and done respectively by the Commissioner of Police of the Metropolis, or by one of the assistant Commissioners nominated by the Secretary of State in this behalf, as the Secretary of State shall direct. 8. In case of any vacancy in the office of Commissioner of Police of the Metropolis, or in case of the illness or absence of any such Commissioner, it shall be lawful for such one of the said assistant Commissioners as may be authorised by writing under the hand and seal of one of her Majesty's principal Secretaries of State for this purpose to do all such acts as it would be competent for the Commissioner of Police of the Metropolis to do, and all acts done by any assistant Commissioner so authorised shall be as valid and effectual as if done by the Commissioner of Police of the Metropolis if the office had not been vacant, or (as the case may be) if the Commissioner had been present and acting. 9. The provision of the firstly-recited Act for preventing any justice of the peace appointed by virtue of that Act from being elected or sitting as a member of the House of Com WHEREAS under an Act of 52 Geo. 3, c. 11, intituled "An Act to repeal an Act passed in the 39 & 40 Geo. 3, for establishing certain Regulations in the Offices of the House of Commons, and to establish other and further Regulations in the said Offices," the Clerk of the House of Commons has the power of nomination or appointment of all the clerks in his department, together with the power of suspension and removal of all the clerks so by him nominated or appointed: And whereas Sir Denis Le Marchant, Baronet, on being appointed Clerk of the House of Commons, agreed that the clerk assistant and second clerk assistant of the House should thereafter be appointed by her Majesty: And whereas her Majesty has, on the recommendation of the Speaker, signified her pleasure that Thomas Erskine May, Esq., be appointed Clerk Assistant of the said House; but the powers of appointment under the said Act cannot be varied without the authority of Parliament: Be it enacted, as follows: 1. The appointment of the said Thomas Erskine May shall be confirmed, and the clerk assistant and second clerk assistant of the House of Commons respectively shall hereafter be appointed by her Majesty by warrant under her Royal Sign Manual, and every present and future clerk assistant and second clerk assistant shall be removable only by her Majesty, upon an address of the House of Commons to her Majesty for that purpose. 2. So much of the several Acts relating to the offices of the House of Commons as fixes the salary of the second clerk assistant, and charges such salary on the Consolidated Fund of the United Kingdom, shall be repealed. Mercantile Law Amendment Bill. 377 MERCANTILE LAW AMENDMENT | plaintiff, the Court or any Judge, at their or BILL. THIS Bill recites that inconvenience is felt by persons engaged in trade by reason of the Laws of England and Ireland being in some particulars different from those of Scotland in matters of common occurrence in the course of such trade, and proposes to enact: Statute of Frauds. 1. Repeal of the 29 Car. 2, c. 3, s. 17 (England), which enacts that "no contract for the sale of any goods, wares, and merchandizes, for the price of 101. sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorised;" and also of the 7 Wm. 3, c. 12, s. 13, whereby a similar enactment is made for Ireland; and also of the 9 Geo. 4, c. 14, s. 7, whereby those enactments were extended to "all contracts for the sale of goods of the value of 101. and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery." Sale in Market overt. 2. No sale in market overt shall have any greater or other effect than any sale not in market overt, in transferring or giving any right of property or otherwise. Title to goods where subsequent writ. 3. No writ of execution or of attachment against the goods of a debtor, shall prejudice the title thereto acquired by any person bond fide, and for valuable consideration, before the actual seizure or attachment thereof by virtue of such writ; provided that such person had not at the time notice that such writ had been delivered to and remained unexecuted by the sheriff, under-sheriff, or coroner. Specific delivery of goods sold. 4. In all actions in any of the Superior Courts of Common Law at Westminster or Dublin for breach of contract to deliver goods, whether specific or not, for a price in money, on the application of the plaintiff and by leave of the Judge before whom the cause is tried, the jury shall, if they find the plaintiff entitled to recover find by their verdict what are the goods which remain undelivered; the sum (if any) the plaintiff would have been liable to pay for the delivery thereof; the damages (if any) the plaintiff would have sustained if the goods should be delivered under execution as hereinafter mentioned, and the damages if not so delivered; and if judgment be given for the his discretion, on the application of the plaintiff, shall have power to order execution to issue for the delivery, on payment of such sum (if any) of the very goods sold, or of the like quantity of other goods of the like quality, or of part, and of other goods equivalent to the deficiency, if any, without giving the defendant the option of retaining such goods upon paying the damages assessed; and such writ of execution may be for the delivery of such specific goods, and on nondelivery thereof, and at the plaintiff's request, of such other goods, and otherwise for having such execution answered; and if such goods so ordered to be delivered, or any part thereof, cannot be found, and unless the Court or Judge shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels in his bailiwick, till the defendant deliver such goods, or, at the option of the plaintiff, that he cause to be made of the defendant's goods the assessed value or damages, or a due proportion thereof; provided that the plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods the damages, costs, and interest in such action. Guarantee. 5. No special promise to be made by any person to answer for the debt, default, or miscarriage of another being in writing and signed by the party to be charged therewith, or some other person lawfully authorised, shall be deemed invalid to support an action, suit, or other proceeding, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document, but such consideration may be proved by oral evidence. 6. No promise to answer for the debt, &c., of another made to or of a firm consisting of two or more persons, or to or of a single person trading under the name of a firm, shall be binding on the person making such promise in respect of anything done or omitted to be done after a change shall have taken place in any one or more of the persons constituting the firm, or in the person trading under the name of a firm, unless the intention of the parties that such promise shall continue binding, shall appear either by express stipulation or by necessary inference. Surety. 7. Every surety for the debt or duty of another, or liable with another for any debt or duty, who shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security held by the creditor in respect of such debt or duty, whether such judgment, &c., shall or not be deemed at law to have been satisfied by the payment of the debt or performance of the duty, and such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and upon a proper indemnity, to use the name of the creditor, in any action or other proceed and the islands adjacent to any of them, being part of the dominions of her Majesty, shall be deemed a home port. Limitation of Actions. ing, in order to obtain from the principal debtor or any co-surety or co-contractor, indemnification for the advances and loss sustained and such payment or performance by such surety shall not be pleadable in bar: Provided, that no co-surety or co-contractor shall be entitled to recover from any other co-counting and suits for such accounts as surety or co-contractor, more than the just proportion to which, as between those parties themselves, he shall be justly liable. Bills of Exchange and Promissory Notes. 8. A bill of exchange, whether inland or foreign, and a promissory note shall be negotiable, although it be not made payable "to order" or "to bearer," unless a contrary intention shall be expressed on the face of the bill or note. 9. No acceptance after 31st December, 1856, shall be sufficient to charge any person, unless it be in writing on such bill, or if there be more than one part of such bill on one of the said parts, and signed by the acceptor or some person duly authorised by him. 10. Every bill of exchange drawn in any part of the United Kingdom of Great Britain and Ireland, the Islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them, being part of the dominions of her Majesty, and made payable in or drawn upon any person resident in any part of the said United Kingdom or islands, shall be deemed to be an inland bill; but nothing herein contained shall affect the stamp duty payable in respect of any such bill. 11. Presentment of a bill of exchange dated, or issued after the passing of this Act, to the drawee for acceptance or for payment, shall on dishonour, if unaccepted, be an assignment to the payee or holder of the bill, by whom it is presented, of any money owing to the drawer from the drawee at the time of such presentment, not exceeding in amount the sum for which such bill is drawn, with any interest accruing thereon, and any costs properly incurred in relation thereto, and for which the drawer would be liable, or if exceeding then of so much of such money as shall be equal to the said sum, interest, and costs; and in case of the indorsement or transfer of such bill after presentment, the right to such money shall be transmissible in the same manner as and along with the bill to each indorsee or holder for the time being, and such assignment or right shall be valid and enforceable in all Courts of Law and Equity: Provided that the payee or holder shall be liable to all defences and objections, including set-off either at law or in equity, which the drawer would have been liable to, as in a question with the drawee, at the time of presentment. Repairs to Ships. 12. In relation to the rights and remedies of persons having claims for repairs done to ships, every port within the United Kingdom of Great Britain and Ireland, the Islands of Man, Guernsey, Jersey, Alderney, and Sark, 13. All actions of account or for not ac concern the trade of merchandize between merchant and merchant, their factors or servants, shall be commenced and sued within six years after the cause of such actions or suits, or when such cause has already arisen then within six years after the passing of this Act; and no claim in respect of a matter which arose more than six years before the commencement of such action or suit shall be enforceable by action or suit by reason only of some other matter of claim comprised in the same account having arisen within six years next before the commencement of such action or suit. 14. No person or persons who shall be entitled to any action or suit with respect to which the period of limitation within which the same shall be brought is fixed by the 21 Jac. 1, c. 16, s. 3, or by the 4 Ann, c. 16, s. 17, or by the 53 Geo. 3, c. 127, s. 5, or by the 3 & 4 Wm. 4, c. 27, ss. 40, 41, 42, and c. 42, s. 3, or by the 16 & 17 Vict. c. 113, s. 20, shall be entitled to any time within which to commence and sue such action or suit beyond the period so fixed for the same by the enactments aforesaid, by reason only of such person, or some one or more of such persons, being at the time of such cause of action or suit accrued beyond the seas, or in the cases in which, by virtue of any of the aforesaid enactments imprisonment is now a disability, by reason of such person or some one or more of such persons being imprisoned at the time of such cause of action or suit accrued. 15. Where such cause of action or suit with respect to which the period of limitation is fixed by the enactments aforesaid, or any of them, lies against two or more joint debtors, the person or persons who shall be entitled to the same shall not be entitled to any time within which to commence and sue any such action or suit against any one or more of such joint debtors who shall not be beyond the seas at the time such cause of action or suit accrued, by reason only that some one or more of such joint debtors was or were at the time such cause of action accrued beyond the seas, and such person so entitled as aforesaid shall not be barred from commencing and suing such action or suit against the joint debtor or joint debtors who was or were beyond seas at the time the cause of action or suit accrued after his or their return from beyond seas, by reason only that judgment was already recovered against any one or more of such joint debtors who was not or were not beyond seas at the time aforesaid. 16. No part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, and Sark, nor any islands adjacent to any of them, being part of the dominions of her Majesty, shall be Mercantile Law (Scotland) Amendment Bill. 379 deemed to be beyond seas within the meaning | livery of such goods shall from and after the of the 4 & 5 Anne, c. 16, or of this Act. the date of such sale be attachable by or trans17. In reference to the provisions of the 9 ferable to the creditors of the purchaser; subGeo. 4, c. 14, ss. 1 & 8, and 16 & 17 Vict. c. ject always to a right of retention over such 113, ss. 24 & 27, an acknowledgment or pro- goods in favour of the seller, for payment of mise made or contained by or in a writing the purchase price of such goods, or such porsigned by an agent of the party chargeable tion thereof as may remain unpaid, or performthereby, duly authorised to make such ac-ánce of the obligations or conditions of the knowledgment, sball have the same effect as contract of sale. if such writing had been signed by such party himself. 18. In reference to the provisions of the 21 Jac. 1, c. 16, s. 3, and of the 3 & 4 Wm. 4, c. 42, s. 3, and of the 16 & 17 Vict. c. 113, s. 20, when there shall be two or more joint contractors, or executors or administrators of any contractor, no such contractor, executor, or administrator shall lose the benefit of the said enactments, or any of them, so as to be chargeable in respect or by reason only of any payment of any principal, interest, or other money, by any other or others of such joint contractors, executors, or administrators. 1. Where goods have been sold by the owner, but the same have not been delivered to the purchaser, and have been allowed to remain in the custody, possession, or control of the seller, it shall not be competent for any creditor of such seller, after the date of such sale, to attach such goods as belonging to the seller by any diligence or process of Law to the effect of preventing the purchaser or others in his right from enforcing delivery of the same; and the right of the purchaser to demand de It is necessary to consider this Bill with reference to all dealings comprised within it, between the merchants and traders of England and Ireland and those of Scotland relating to the sale of goods, bills of exchange, &c. 2. In all cases where a purchaser of goods shall resell the same to a second purchaser without having himself obtained delivery of the same, it shall be competent for such second purchaser to demand that delivery of the said goods shall be made to him instead of the original purchaser; and the original seller, on intimation being made to him of such second sale, shall be bound to make such delivery, on payment of the price of such goods, or performance of the obligations or conditions of the contract of sale, and shall not be entitled, in any question with the second purchaser, or others in his right, to retain the same for any separate debt or obligation alleged to be due to such original seller by the original purchaser: Provided always, that nothing herein contained shall affect or prejudice any right of retention over such goods competent to the original seller, except as between him and such second purchaser, or any such right of retention arising from express contract with the original purchaser: Provided, that such original seller may attach such goods while in his own hands or in his own possession, by arrestment or poinding, at any time prior to the date when the sale of such goods by the first purchaser to the subsequent purchaser shall have been intimated to the original seller, any law or practice to the contrary notwithstanding. 3. In all cases where goods shall, after the passing of this Act, be sold, without knowledge on the part of the seller at the time that the same are defective or of bad quality, the seller shall not be held to have warranted their quality or sufficiency, but the same, with all faults, shall be held to be at the risk of the purchaser, unless the seller shall have given an express warranty of the quality or sufficiency of such goods, or unless the goods have been expressly sold for a specified and particular purpose, in which case the seller shall be considered, without such warranty, to warrant that the same are reasonably fit for such purpose. As to Guarantees. 4. Guarantees, securities, or cautionary obligations made or granted by any person for the actings or intromissions of any other person, and all representations and assurances as to the character, conduct, ability, trade, or dealings of any person, made or granted to the effect or for the purpose of enabling such person to obtain credit, money, goods, or postponement of payment of debt, or of any other obligation demandable from him or them, shall be in writing, and shall be subscribed by the person undertaking such guarantee, security, or cautionary obligation, or making such representa |