400 House of Lords Appellate Jurisdiction. seized shall be determined by the time of the delivery of the writ to the sheriff to be executed, or of the application to the registrar of the County Court for the issue of the warrant to be executed. Commitment. 46. Summons for commitment may, by leave of Court, issue in Court in which judgment was obtained. 47. Judgment may be removed if there are no goods to be taken under it. [To be continued.] HOUSE OF LORDS APPELLATE JURISDICTION: We have been favoured by a learned correspondent in the North with some observations on the important subject of the Appellate Jurisdiction of the House of Lords. They appear to us to deserve consideration, and are as follow : proposed, instead of improving, would inevitably derogate from the weight and influence of the tribunal. Whatever is done, therefore, in the way of practical improvement, the principle ought never to be lost sight of--that the judgment to be pronounced, shall be in fact as Lords. There may be an awkwardness and well as in form, the judgment of the House of even an absurdity in requiring the formal attendance of any lay lord to make up the quorum of three; and this part of the present system cannot be too soon altered. At the same time, it ought never to be forgotten that until a recent period the judgments of the House of Lords were pronounced almost exclusively at the instigation of the Lord Chancellor for the time. And never did the decisions command more universal assent than, when they proceeded from one great and comprehensive mind. The judgments of Lord Eldon, for instance, are everywhere regarded as among the most profound and elaborate expositions of the law; and the very circumstance that the whole responsibility of the judgment was devolved upon him, no doubt served to secure all the more his anxious and undivided attention. In reference to his judgments on Scotch Appeals, Lord Brougham says-His knowledge and his ingenuity were not confined to his own peculiar branch of jurisprudence, the law of England. He was an admirable Scotch Lawyer also; and he had the courage to decide, as well as the ability to sift, some of the greatest cases that have ever been brought by appeal from the Courts of Scotland, reversing the judgments of those Courts in questions of pure Scotch conveyancing, and reversing them so as to offend those lawyers at first who were afterwards ready to confess that he was right, and that he had preserved the integrity of the Scotch law.' "The only ostensible reason assigned for the recent attempt to infringe the Constitution of the House of Lords as a hereditary branch of the Legislature, was the alleged necessity of adding to the judicial strength of the Chamber as a Court of Appeal. Without reverting to the subject of Baron Wensleydale's right to a seat in the House, it is sufficient to say that the professed object of the appointment might have been as easily attained by observing the usual conditions-it never having been alleged that the learned individual objected on personal or family grounds to accept the higher honour. But the recent discussions, displaying as they did so great an amount of learning and research, will not have "It may perhaps be said that the public busibeen lost, if they lead to any practical improve-ness of the Court and of the country has greatly ment in the mode of exercising those functions increased since the Earl of Eldon occupied the of the Peers which relate to the administration Woolsack, and that it would be impossible for of justice. Not that we give any credit to the representations which have recently been made as to the Court of last resort having lost the confidence of the litigants and of the public. With the exception of one or two cases that occurred last year, in which the present and the last Lord Chancellor happened to differ in opinion, without having the aid of a third Law Lord to decide, nothing has occurred to disturb the harmony or weaken the authority of a Court which we believe is still the highest in public and professional opinion, as it is in judicial position, in the country. And we would regard it as one of the greatest misfortunes which could happen to the cause of Right and Justice, if any material change were to be made in the constitution of that august tribunal. So long as the House of Peers is constituted as it now is, the public have the assurance that their causes will receive the careful, enlightened, and impartial consideration of the greatest legal and judicial minds in the country. To call in an inferior class of Judges, as has sometimes been one of his modern successors to devote so much time and attention to Appeal Cases as he did. We are not sure of that. At all events there are many parts of the Lord Chancellor's public duty in which his personal services may be more easily spared by the country than in presiding in the Court of last resort. But there is no reason why the Chancellor should not at all times have the assistance of other two Law Lords, so as to prevent the possibility of the Court being equally divided in opinion; and this, we believe, will ultimately be the practical result of the present appointment of a Committee of the Upper House to consider the subject. "The speech of the Earl of Derby, in bringing the matter under the consideration of the House was characterised by great lucidity of statement, as well as a thorough knowledge of the subject. After alluding to the importance of upholding the judicial character of the House as the Court of ultimate Appeal he said —'Of this I am quite certain, that if it were Charitable Uses Bill.-Marriage Law Amend. Bill.-Justices of the Peace Qualification. 401 By the Bill now before the House of Lords a similar provision is included in the 7th section applicable to any property held for any charitable use. The Bill has passed the House of Commons and stands for 2nd reading in the Lords. We presume that the stewards of manors, whose fees will be affected by this enactment, have taken the proper steps to bring their claim before their lordships. MARRIAGE LAW AMENDMENT riage with a deceased wife's sister or niece; REPEAL of statutory prohibition of mars. 1. Act not to be void or voidable; and to enable Such marriages before the passing of this such marriages to be celebrated under the 6 & 7 Wm. 4, c. 85, the affinity between a man and his deceased wife's sister or niece to be no lawful impediment; s. 2. necessary to adopt an alternative between the maintenance of any privilege of the House however important and valuable, and a failure in the administration of justice towards any of her Majesty's subjects, I am quite sure that not one of your lordships would hesitate as to which alternative to adopt, but that you would all say "Let justice be fairly and impartially administered whatever privileges this House may be called upon to abandon.' It is to be hoped that an inquiry entered upon in such a spirit will lead to a satisfactory arrangement. But there was one point to which the noble earl alluded that more especially concerns this part of the kingdom-the disposal of Scotch Appeals. He stated that he had received a letter on the subject from the present Lord Justice General, who had offered to give evidence in the event of a Committee being appointed. It will be very proper that the Committee have the benefit of the opinion of one so able and learned; but we would at the same time regret to see effect given to the view hinted at by Lord Derby, and doubtless suggested by his Scotch correspondent-that of summoning to the aid of the Peers some of the most eminent of the Scotch Judges. That would be merely transferring the Court of Session to London, and so virtually defeating the ends of an appeal; for it is not to be supposed that a decision would ever be given by the House of Lords at variance with the advice of the Scotch Assessors. But the great benefit of the present mode of appeal is, that the cause is brought under the review of fresh minds, removed from the influence of local prejudices and precedents. Hence the universal satisfaction which the judgments of the House of Lords give in all Appeal Cases. It is not necessary as was proved in the case of Lord Eldon-that the reviewing Judges should have been bred at the Scotch Bar. What the public and litigants want, is to have the benefit of the highest order of judicial intellect; and this is far more likely to be secured by the causes being submitted to the greatest lawyers in the kingdom, than by re-arguing a case by way of appeal before a Judge who had already adjudicated upon it. We feel confident that these are the views which ought to influence the settle- JUSTICES OF THE PEACE QUALIment of the present question." CHARITABLE USES BILL. COPYHOLD FINES AND FEES. Not to render valid any marriage between a man and his deceased wife's sister or niece after a previous marriage of either party with person within prohibited degrees, nor where such marriage has been annulled by competent Court, nor where such marriage would render invalid subsequent marriage; s. 3. Proviso for saving of rights to any dignity or title of honour, or any estate, &c., which shall remain as if this Act had not passed; s. 4. This Act not to affect settlements of personal property under wills and testaments administered to before the passing thereof; s. 5. Law and discipline of the United Church of England and Ireland, or of the Church of Scotland, not to be altered or affected; s. 6. Neither of the parties to any marriage between a man and his deceased wife's sister or niece shall be liable to censure or punishment, s. 7. Act not to extend to Scotland; s. 8. FICATION BILL. EXCLUSION OF ATTORNEYS AND SOLICITORS. THE following is the Petition of the Incorporated Law Society against the clause By the 13 & 14 Vict. c. 28, for rendering excluding Attorneys and Solicitors from the simple and effectual the titles to property Commission of the Peace in Counties,— held for religious worship or education, it with the Reasons which have been printed was by the 2nd section provided, in lieu of for circulation amongst Members of Parfines on death or alienation, that the lord liament :— of the manor, on the next appointment of " To the Honourable the Commons of the United a new trustee, and at the expiration of 40 years, so long as the property shall be held in trust, shall receive a sum corresponding to the fine and heriot which would have been payable on death or alienation. Kingdom of Great Britain and Ireland in "The humble petition of the Society of At- 402 Justices of the Peace Qualification Bill.-Review: Greenwood's Conveyancing. of the United Kingdom, incorporated by | by Statute from acting as Justices of the Peace "SHEWETH, "That by the 23rd clause of a Bill now before your Honourable House 'to amend the Laws relating to the Qualifications of Justices of the Peace,' it is proposed to enact, that no Attorney, Solicitor, or Proctor in any Court shall be capable of being a Justice of the Peace for any county, riding, or division during such time as he shall continue to practise as an Attorney, Solicitor, or Proctor.' "That Attorneys, Solicitors, and Proctors may be appointed Justices of the Peace for any city or town having Justices of the Peace within their respective limits and precincts, by charter, commission, or otherwise. en "That under the Municipal Corporation Act Attorneys, Solicitors, and Proctors are abled to hold the office of Mayor in cities and boroughs, the holders of which office are ex officio Justices of the Peace for their year of office and for the ensuing year. "That since the passing of the Municipal Corporation Act a large number of Attorneys and Solicitors have been elected by their fellow citizens to the office of Mayor, and have exercised the duties of Justices of the Peace for such cities and towns with advantage to the Public. "That Writers to the Signet and Solicitors in the Supreme Courts of Scotland are eligible for the appointment of Justices of the Peace for counties, unless they practise in an inferior Court. That for the due discharge of the duties of Justices of the Peace a considerable amount of legal knowledge is desirable, and your petitioners submit that it is inexpedient that a class of men dispersed over all parts of the country, who have been educated in the law and have been practically acquainted with its administration, should be excluded from it by statutory enactment. "That it is also inexpedient that Lords Lieutenant of Counties should be precluded by statutory enactment from recommending, and the Lord Chancellor from approving, gentlemen who may in their judgment be most competent to discharge the duties of Justices of the Peace. "Your petitioners therefore humbly pray "This invidious exception, originally contained in old Statutes, cannot be defended at the present day, and if a Solicitor or Proctor is so eligible for the appointment that he would be selected by the Lord Lieutenant, and approved by the Lord Chancellor, he ought not to be disqualified from acting. "Take the case of a Solicitor who resides in the country for a considerable portion of the year. Ought he to be disqualified from acting as a Justice in the County in which he resides because he or his partners carry on business as His legal knowledge is Solicitors in London ? an important qualification for the office. It is sometimes stated that magistrates are too much led by their clerks; if that be so, it is because the clerks are better acquainted with the Law than the Magistrates upon the Bench. 66 Attorneys, Solicitors, and Proctors may act as Justices for Cities and Boroughs, and under the Municipal Corporation Act, when elected to the office of Mayor they are Justices of the Peace, virtute officii, for their year of office, and for the year following. "Writers to the Signet and Solicitors in the Supreme Courts of Scotland are not disqualified from acting as Justices of the Peace for Counties in Scotland, and they are appointed to that office in common with other gentlemen of equal position in their respective Counties. "It is therefore submitted that the 23rd Clause should be omitted from the Bill, and that in lieu thereof a clause to the following effect should be substituted, in analogy with the provisions of the Law of Scotland in respect to Writers to the Signet, 6 Geo. 4. c. 48, s. 27: ". "That no Attorney, Solicitor, or Proctor shall act as a Justice of the Peace for any County, Riding, or Division within which he or any partner of his shall carry on or transact in a professional capacity any business either at the General or Petty Sessions or before any Justice of the Peace." Incorporated Society's Hall, London, March, 1856." NOTICES OF NEW BOOKS. A Manual of the Practice of Conveyancing, showing the present Practice relating to the Daily Routine of Conveyancing in Solicitors' Offices: to which are added Concise Common Forms and Precedents in Conveyancing, Conditions of Sale, Con and all other Assurances in conveyances, stant use. By G. W. Greenwood. Stevens & Norton, Bell Yard. Pp. 371. THE title of this work is, as regards the practice of conveyancing, very justly adopted. The Author gives, in a clear and well"The only class of the community excluded arranged manner, a statement of the duties "And your petitioners will ever pray," &c. "REASONS AGAINST THE 23RD CLAUSE. 403 Review: Dr. Lushington's Judgment in the Cases of Westerton v. Liddell, &c. of a Solicitor in general conveyancing busi-¡their contents; would, were they free from ness, extending to agreements, sales, pur- objection in their form, render them very chases, and mortgages ;-admission to, and inconvenient for practical use. disposal of copyholds ;-leases, settlements, wills, &c. He distinguishes between the duties of the Solicitors on each side, pointing out their respective rights as to preparation of documents, charges, &c.; and adds numerous suggestions, not only useful to a clerk or young practitioner, but many of which would be found of service by professional men generally. Some of the forms are objectionable from too great conciseness being attempted, and one which a student would desire to have given with great accuracy, is subject to far greater objection. The form alluded to is that of conveyance of freehold by appointment and grant, p. 164. In that form not only is the reversion clause omitted in the grant, but the appointment is made to the use of the purchaser, his heirs, and assigns, and the grant to the purchaser and his heirs, to uses to bar dower; the draft is also not prepared with sufficient fullness in several particulars. The treatise alone is however of so useful In the Preface he alludes to his having had himself an experience of many years in the practice of conveyancing, and the work shows that he not only must have had considerable practice, but possesses just and liberal views of the practice which should and practical a character, as to be fully be adopted by a man desirous to protect worth the small sum charged for the entire his client's interest, fairly secure his own work, and which, we think, no professional rights, and act honourably towards other man would regret placing in his library. parties. The treatise appears to have been written with great care, and in general to be deserving of reliance. In relation to copy holds, the information given is clear and generally correct; the following inaccuracies should, however, be noticed by those who refer to the work, and rectified: It is stated in p. 68, that where several persons are admitted as joint tenants or tenants in common, the first pays a full fine, the second half, and so on; such, however, is not the case as to tenants in common, each of whom pays a single fine on his share, and on his death another like fine is paid on such share. The substituted title, given on enfranchisement under the Copyhold Acts, is not referred to in the remarks as to title under enfranchisements, p. 69. The suggestion in p. 67 as to securing payment by mortgagor of the steward's fee for entering satisfaction, where a mortgage is paid off, is needless; the delivery of the warrant to the mortgagor being sufficient, and it resting with him to have satisfaction entered, and of course pay the steward's fee on doing so. These remarks are not made in depreciation of the work, but for the use of those who may purchase it, and not be acquainted with copyhold practice. With regard to the Precedents, the part of the work which gives them is far inferior to the treatise, both as to arrangement and detail, and the want of a division of the deeds into clauses, with a short analysis of The Judgment of the Right Hon. Stephen Lushington, D. C. L., in the Cases of Westerton v. Liddell and Beal v. Liddell. Edited by A. F. BAYFORD, D. C. L. London: Butterworths. 1856. THIS Report of Dr. Lushington's judgment delivered in the Consistory Court of the Bishop of London, on the 5th December last, has been ably edited by Dr. Bayford, who observes that— "The National Church has taken deep root in the affections of a large proportion of the population. Besides her actual adherents, she reckons no mean array of well-wishers, and any event, having an apparent tendency to affect her welfare, cannot but interest the whole community, however varied may be the cause of that interest. Hence it is considered that no apology is needed for publishing the following cases in a form more suitable to the general reader than the ordinary Law Reports are calculated to supply. "The circumstances of the following cases, and the points of law raised in them, being similar, they were heard together. The argument occupied four days; but as a large portion of it consisted of quotations from different authors, and as the principal points on both sides are adverted to in the judgment, is is deemed sufficient to give the chief authorities adduced on either side, without inserting the arguments of the advocates at length." Dr. Bayford was heard on behalf of Mr. Westerton, in the case of St. Paul's, Knightsbridge, and of Mr. Beal, in the case of St. Barnabas. Dr. Phillimore and Dr. Swabey were heard on behalf of the Incumbent and Mr. Horne, 404 Review: Smith's Treatise on the Principles of Equity.—Turnley on the Eye. in the case of St. Paul's, and of the Incum-A Treatise on the Principles of Equity. By bent and Messrs. Parke and Evans, in the case of St. Barnabas. In the case of St. Paul's, the churchwarden applied for "A faculty for the removal from the chancel of the altar or high altar or piece of church furniture whereon to celebrate the Holy Communion, with the cross elevated thereon and attached thereto, as also for the removal of the gilded candlesticks and the candles therein, the credentia, preparatory altar or credence table, and also of the several divers coloured altar coverings, and instead of the altar direct that there be provided a convenient and decent table for the celebration of the Holy Communion, with a covering, as directed by the 82nd Canon.' ” The St. Barnabas case differed in the form of application. There a monition to the churchwardens was sought for, in order to remove the articles objected to, and there were some differences in the facts. "At St. Barnabas at the time of the administration of the Sacrament, the table is said to JOHN SIDNEY SMITH, Esq., Barristerat-Law, Author of a "Treatise on the Practice of the Court of Chancery." London: Benning & Co. 1856. THE several parts of the continuation of this treatise for the months of January, February, and March have been published, comprising the subjects of dower; partition; specific performance of agreements; exclusive jurisdiction of the Court; trusts; chose in action; foreign property; voluntary settlements; charitable uses; conditions; perpetuities, &c. We must reserve a general review of the treatise until it has been completed. The student may find it convenient to take the monthly parts as they are published, and make himself master of the several chapters they contain; and we recommend him to refer to the leading or principal cases which are cited, and especially to the latest reports on each subject. OF THE EYE.1 be covered with a linen cloth ornamented MR. TURNLEY ON THE LANGUAGE with lace. Objections are also made to the screen and cross thereon and to the brazen gates attached thereto; and it was also prayed that the Ten Commandments be set up at the east end of the church." The judgment of the Court was to the following effect: : "1st. As to St. Paul's, that a faculty do issue to the incumbent and both the churchwardens to remove the credence table, and the cross on or near to the communion table; to take away all cloths at present used in the church for covering the communion table during divine service, and to substitute one only covering for such purpose of silk or other decent stuff. "2nd. With respect to St. Barnabas, that a monition do issue to the churchwardens to remove the present structure of stone used as a communion table, and to substitute therefore a moveable table of wood: to remove the credence table: to remove the cross on the chancel screen, and that on or near the present structure used as a communion table: to take away all the cloths at present used in the church for covering the structure used as a communion table during Divine Service, and to substitute one only covering for such purpose, of silk or other decent stuff; and further, to remove any cover used at the time of the ministration of the Sacrament, worked or embroidered with lace or otherwise ornamented, and to substitute a fair white linen cloth, with out lace or embroidery or other ornament, to cover the communion table at the time of the ministration of the Sacrament, and to cause the Ten Commandments to be set up on the east end of the church, in compliance with the terms of the Canon," THE alteration which has been effected in the Law, relating to periodical publications, relieves us from our former close confinement to strictly legal subjects; and we may now venture (occasionally at least) to offer an opinion on topics of interest, whether bearing on public events or general literature and science. More especially we feel ourselves at liberty to notice the labours and researches of our professional brethren in other fields than those which appertain to Westminster Hall. We therefore willingly call the attention of our readers to Mr. Turnley's poetical and philosophic work on "The Language of the eye." We remember it was said, many years ago, by one of the most distinguished Law Lords-Lord Lyndhurst" that it would be wise not to overwhelm the Judges with business,-making them, in too many instances, slaves to the technical part of their Profession,-that they should have the opportunity of cultivating general literature, and be allowed the leisure to return to the pleasant pursuits of early years, which it was to be lamented too many of the Bar, greatly to the injury of the Profession, were obliged to suspend." These remarks equally apply to the second as well as the first branch of the ProPublished by Partridge & Co., Paternoster Row. |