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New Statutes effecting Allerations in the Law.
such sum or sums out of any monies provided by parlament for law charges in England.
27. Where any person shall have been removed or committed to the said gaol of Newgate under the provisions of this Act, the treasurer of the county or place in which the offence wherewith such prisoner shall be charged shall have been committed or supposed to have been committed shall pay or cause to be paid to the keeper of the said gaol of Newgate, or to such other person as the visiting justices of the said gaol shall appoint, the actual expenses incurred by the said keeper in any removal of such prisoner to or from the said gaol of Newgate, and also the actual expenses incurred in the maintenance, safe custody, care, and punishment of such prisoner, according to the time for which he shall have been in custody there, at the average daily cost of each prisoner, according to the whole number of prisoners confined in the said gaol, such average to be taken yearly, half-yearly, quarterly, or at such other intervals as the visiting justices of the said gaol shall from time to time determine, including in such expenses all salaries of officers, all expenses of repairs, alterations, additions, and improvements in or to the said gaol, all sums paid to prisoners under any Act of Parliament on their discharge or otherwise, and any other charges whatsoever on account of the prisoners confined in such gaol, subject, nevertheless, to a proportional share of all deductions on account of the earnings of the prisoners in the said gaol, and of all sums of money received in aid of the rates for the maintenance of such prison.
28. An account in writing of the expenses due and payable in respect of the maintenance, safe custody, care, and punishment of such prisoner as in the last preceding section mentioned shall be made out from time to time and signed by the clerk to the visiting justices of the said gaol of Newgate, and delivered to the Treasurer of the county or place in which the offence wherewith such prisoner shall be charged shall have been committed or supposed to have been committed, and such account shall be conclusive against such county or place, unless some objection thereto shall be made in writing and signed by the treasurer of such county or place, and delivered to the clerk of such visiting justices within one calendar month after such account shall have been delivered to such treasurer.
29. Nothing in this Act contained shall be deemed to apply to any indictment or inquisition charging any peer or peeress, or other person claiming the privilege of peerage, with any offence not now lawfully triable by any Court of oyer and terminer and gaol delivery for any county.
holden in the
These are therefore in her Majesty's name
Given under the hands and seals of us, the
To the Sheriff of the County of
These are therefore in her Majesty's name
Given under the hands and seals of the undersigned justices and Judges of the said Central Criminal Court.
A. B. (L.S.)
LONDON CORPORATION BILL.
[Continued from p. 458, ante.]
Powers of Sale and Leasing.
42. It shall not be lawful for the common council to sell, mortgage, or alienate the lands, tenements, or hereditaments of the corporation, or any part thereof, except in pursuance of To the Keeper of the Gaol of Newgate, and to some covenant, contract, or agreement boná the Keeper of the Gaol [House of Correc- fide made or entered into on or before the tion at in the county of day of by or on Central Criminal Whereas at a Session of behalf of the corporation, or of some resoluCourt (o wit). the Central Criminal Court tion duly entered in the books of the corpora
tion on or before the said
London Corporation Bill.
day of or to demise or lease, except in pursuance of some covenant, contract, or agreement bona fide made or entered into on or before the said day of ,
by or on behalf of the corporation, or in pursuance of some resolution duly entered in the books of the corporation on or before the said day of
or, except in the cases hereinafter-mentioned, any lands, tenements, or hereditaments of the corporation or any part thereof, or to enter into any new covenant, contract, or agreement (except in the cases hereinafter-mentioned) for demising or leasing any such lands, tenements, or hereditaments, or any part thereof, for any term exceeding 31 years from the time when such lease is made, or, if made in pursuance of a previous agreement, then from the time when such agreement was entered into; and in every lease which the common council are not hereby restrained from making there shall (except in cases hereinafter-mentioned) be reserved and made payable during the whole of the term thereby granted such clear yearly rent as to the common council appears reasonable, without taking any fine for the same: Provided nevertheless, that in every case in which the common council deem it expedient to demise and lease for a longer term than 31 years, or upon different terms and conditions than those hereinbefore-mentioned, or to sell, exchange, mortgage, charge, or otherwise dispose of any of the said lands, tenements, or hereditaments, it shall be lawful for the common council to represent the circumstances of the case to the Commissioners of her Majesty's Treasury; and it shall be lawful for the common council, with the approbation of the said Commissioners, to demise any of the lands, tenements, and hereditaments of the corporation in such manner and on such terms and conditions as may be approved by the said Commissioners, or to make such sale, exchange, charge, or other disposition of such lands, tenements, or hereditaments as may be so approved: Provided always, that notice of the intention of the common council to make such application as aforesaid shall be fixed on the outer door of the Guildhall, or in some public and conspicuous place within the city, one month at least before such application; and a copy of the memorial intended to be sent to the said Commissioners shall be kept in the town clerk's office during such month, and shall be freely open to the inspection of every ratepayer in the city at all reasonable hours during the same.
after the lapse of any number of years, or on the dropping of any life or lives, and years determinable after the lapse of any number of years, at a fine certain, or under any special or specific terms or conditions, and also in all cases in which the corporation shall thereto. fore have ordinarily made renewal of any lease for years, or for life or lives, or for years determinable with any live or lives at any fixed or determinate or known or accustomed period, or after the lapse of any number of years, or upon the dropping of any life or lives, upon the payment of an arbitrary fine, it shall be lawful for the Common Council to renew such lease for such term or number of years, either. absolutely or determinable with any life or lives, or for such life or lives, and at such rent, and upon the payment of such fine or premium, either certain or arbitrary, and with or without any covenant for the future renewal thereof, as the corporation could or might have done in case this act had not been passed.
44. Provided nevertheless, That in any of the instances hereinafter mentioned it shall be lawful for the Common Council from time to time to demise and lease, or to enter into any contract or agreement for demising and leasing, any of the said lands, tenements, or hereditaments, to any person, body politic, corporate, or collegiate, for any term not exceeding 75 years from the time of making such lease or agreement, and either at a reserved rent or fine, or both, (that is to say,) of tenements or hereditaments the greater part of the yearly value of which shall at the time of making the lease or agreement consist of any building or buildings, of land or ground proper for the erection of any houses or other buildings thereupon, with or without gardens, yards, curtilages, or other appurtenances to be used therewith, and, where the lessee or intended lessee shall covenant or agree to erect a building or buildings thereon of greater yearly value than such land or ground, of land or ground proper for gardens, yards, curtilages, or other appurtenances to be used with any other house or other building erected or to be erected on any such ground, belonging either to the corporation or to any other proprietor, or proper for any other purpose calculated to afford convenience or accommodation to the occupiers of any such house or building.
No Elections in Common Hall.
45. After the day of no election shall take place at any meeting or assembly of the mayor, aldermen, and liverymen of the several companies of the city in common hall assembled; and all elections for sheriffs, chamberlains, and bridge masters, and all other elections which now take place in common hall as aforesaid, shall after the said
43. Provided always, That in all cases in which the corporation shall on the day of have been bound or engaged by any covenant or agreement, express or implied, or have been enjoined by any deed, will, or other document, or have been sanctioned or be made by the common council. warranted by ancient usage or by custom or Abolition of Court of Aldermen. practice, to make any renewal of any lease for 46. From and after the years, or for life or lives, or for years determiday of nable with any life or lives at any fixed or de- the Court of Mayor and Aldermen of the city terminate or known or accustomed period, or in the Inner Chamber shall be abolished, and
all powers and duties of such Court shall, save as herein otherwise provided, be vested in the common council.
52. Rights in respect of coal metage not to revive on cesser of coal duty.
53. The right of metage and the exclusive
47. Powers now vested in the Court of Al-right of porterage abolished. dermen in respect of prisons to be exercised by the aldermen as magistrates in sessions.
48. Any person whosoever may keep any shop for the sale of wares and merchandises, by wholseale or retail, and use every lawful trade, occupation, mystery, and handicraft, for hire, gain, sale, or otherwise, in the city, whether he be or be not free of the city.
54. Enactments respecting the admission of brokers by the Court of Aldermen repeale!.
Abolition of Tolls, &c.
55. No tolls shall hereafter be payable to to the use of the corporation on any cart waggons, or other carriages laden or otherwise, entering or leaving the city, or passing thro or over the streets or ways of the city.
56. So much of any charter of or grat the city as prevents or interferes with the g by the Crown of any market to be holden w in seven miles of the city shall be repeak Provided always, that this enactment shall not affect any provisions of "The Metropolita Market Act, 1851."
Jurisdiction in Southwark abolished.
the city as justices for Southwark abolishęc
59. Office of high bailiff of Southwark abolished.
for the borough of Southwark, a returning of 60. Upon there ceasing to be a high bailiff ficer to be appointed by the sheriff and h bailiff to be appointed for the Southwark County Court.
City Police Courts.
49. All sums to be received by the corporation in respect of the duty on coals brought into or near London, now payable or hereafter to become payable to the corporation, by Act of Parliament, charter, prescription, or other wise, (except the two several duties of 8d. per ton and 1d. per ton which will, under the Acts now in force, cease to be payable on or before the 5th day of July, 1862,) shall be applied by the corporation in or towards payment of the interest of the moneys which were on the 1st day of January, 1856, charges on such duty, or on the sums to be received in respect thereof, and also in or towards payment of such part of the principal of the said moneys as the sums so received will suffice to pay, and as the corporation may be able to pay off, consistently with the terms on which such moneys were advanced; and the residue (if any) of all sums to be received as aforesaid in respect of the said duty (the amount of such residue to be 61. It shall be lawful for her Majesty, with ascertained on the audit of the accounts of the the advice of her Privy Council, from time to chamberlain of the city in September in each time to establish a police Court or Courts in year) shall be invested in some of the Govern- the city, and to constitute and assign to such ment stocks, funds, or securities, in the names Court or Courts a police Court division or di of the chamberlain, town clerk, and comptroller visions, in like manner as if the city formed of the chamber of the city for the time being; part of the metropolitan police district, and and the interest or dividends accruing on such any such division may be formed either wholly stocks, funds, or annuities, and on all accumu- out of the city, or partly out of the city and lations thereof, shall be yearly invested in like partly out of the metropolitan police district, manner so as to accumulate at compound in and any part or parts of the city may be comterest until the same can be applied as herein prised in any police Court division assigned or provided for the discharge of the said moneys to be assigned to any police Court or Courts charged on the said duty as aforesaid; and already or to be hereafter established in any such part of the said investments as the com- part of the metropolitan police district; and mon council may from time to time require to from and after such day as shall be appointed be converted into money for the purpose of in this behalf by any order of her Majesty in paying off all or any part of the said moneys Council, to be published in the London Gazette, charged as aforesaid on the said duty shall be the city shall for all the purposes of the 2 & 3 so converted, and the money arising from such Vict. c. 71, "for regulating the police Courts conversion shall be applied accordingly until in the metropolis," and of the 3 & 4 Vict. c. 84, the whole of the said moneys charged as afore-"for better defining the powers of justices withsaid have been discharged; and the surplus (if in the metropolitan police district," be deemed any) of the said stocks, funds, and securities to be within and to form part of the metroplitan which may remain after answering the pur- police district; and every magistrate of the poses aforesaid shall be converted into money, and the proceeds applied as hereinafter pro
50. Chamberlain to keep separate accounts of the said duty, which shall be laid before Parliament.
51. Coal duty to cease when existing charges have been paid, and any surplus to be carried to Consolidated Fund.
police Courts of the metropolis shall be a justice of the peace for the city of London, but shall not be competent to act as such justice, either alone or with any other justice or justices, in anything which is to be done at a special or petty session of all the justices acting in the division, or by the justices of the city of London in general or quarter sessions assembled; and the provision contained in
London Corporation Bill.-Divorce and Matrimonial Causes Bill.
section 42 of the said Act of the 2 & 3 Vict., for preventing any justice of the peace, not being one of the said magistrates, and the clerk of any such justice, or any person on his behalf, from taking any fee or recompense for any act by him respectively done as such justice or clerk, shall apply to any justice of the peace for the city, not being one of the said magistrates, and the clerk to any such justice; and section 50 of the same Act authorising in any such case as therein mentioned an appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the county wherein the cause of complaint shall have arisen shall, where the cause of complaint shall have arisen in the city, extend to authorise in the like case an appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the city, and for the purpose of any such appeal the expression treasurer of the county contained in the said section shall apply to the chamberlain of the city.
62. Provided always, that nothing herein contained shall alter the appropriation or application of any fines, penalties, or forfeitures which under the Act of the 2 & 3 Vict. c. 94 (local), "for regulating the Police of the City of London,' are required to be paid to the chamberlain of the city, to be applied for the purposes of such Act, or the application of any fines now applicable towards "The City Police Superannuation Fund."
63. The Commissioner of the police force of the city shall take care that a sufficient number of constables belonging to the city police force shall be in attendance upon every magistrate sitting at any police Court within the city, under the provisions of the said Acts of the 2 & 3 Vict., as extended by this Act.
[To be continued.]
DIVORCE AND MATRIMONIAL
THIS Bill, introduced by the Lord Chancellor on the 11th instant, provides, inter alia, as follows:
Constitution of Court of Divorce. Jurisdiction over causes matrimonial to be exercised by the Court of Divorce; sec. 6.
Judges of the Court to be the Lord Chancellor, the Chief Justice of the Court of Queen's Bench, and the Judge of the Court of Probate ; s. 7.
Jurisdiction of the Court.
Court of Divorce to act on principles of the Ecclesiastical Courts; s. 14.
Desertion of wife; s. 15.
Court of Divorce may direct payment of alimony to wife or trustee; s. 16.
Adultery of wife. Incest of husband; s. 17. Court to be satisfied of absence of collusion; s. 18.
Dismissal of petition; s. 19.
Decree dissolving marriage; s. 20.
Liberty to parties to marry again; s. 22.
Procedure and Practice.
Issues may be tried before the Court of Divorce; s. 24.
Court of Divorce may direct issues to try any fact; s. 25.
Affidavit in support of a petition; s. 26.
Evidence of affidavit; s. 30.
Proceedings on Commission; s. 32.
Payment of short-hand writer; s. 34.
Witnesses in the Court of Divorce.
Attendance of witnesses on the Court of Divorce; s. 35.
Witnesses to be sworn; s. 36.
Penalties for false evidence; s. 37.
Appeal to House of Lords; s. 44.
House of Lords may remit case to Court of
Authority of the Judge Ordinary of the be examined; s. 46. Court of Probate; s. 8.
During absence of the Judge Ordinary the Master of the Rolls, a Vice-Chancellor, or one
of the Judges may act; s. 10.
Officers of the Court of Probate to be officers of the Court of Divorce; s. 13.
House of Lords may direct an issue to try any fact; s. 47.
Reversal of order dismissing petition; s. 48.
therefore, should not the examination keep pace with the learning of the Profession? We would anxiously insist, therefore, that the examination being extended over longer time, should also include at least these three additional papers :—a piece of Latin Composition-a paper on Legal History-an English Essay.
ONE of the principal causes that influences the public mind against allowing to the Profession of Solicitors its proper rank and influence is, that they have no means of judging of its capabilities, efficiency, and general education, for the Profession has no power to display such before the public First of Latin.-This language is posieye; that part of the machinery of the tively necessary to a solicitor, and should human system which it works, is behind be insisted on, because the study of the the scenes; it may rescue the oppressed, classical languages greatly increases our shield the weak, bring the guilty to deserved powers of apprehension, this has been aljustice, possess and exercise every virtue of lowed by the Legislature, which even in an exalted mind, but can gain no distinction, this Profession smiles on classical studies, no glory, no popular applause as its re- and shortens the time of service to a graward.-Its voice is not raised in eloquence duate of the Universities by two-fifths. It in the Courts, is not heard expounding law were a lamentable thing, indeed, could we for future generations from the Bench, the for a moment suppose any person practising tenor of its way is noiseless, and it seems that the Profession of a solicitor ignorant entirely it shall be the fate of the solicitor to advise of the Latin tongue, now taught even in and direct individuals in every emergency those refined receptacles of youth which in their life, to manage their fortunes, guard count among their additional attractions their estates, pull them out of any difficulty into which their inconsiderate rashness has plunged them, or by unthinking carelessness they have fallen, to devote their talents, their time, often their money, their health, their life to them, and in reward sometimes receive the individual's thanks and be content to receive them.
"manurs hextra." Yet we would wish that
the examination that gives him his degree should require the student to show that he sufficiently retains the impressions of his former studies to make them of use in his profession. The practical use of Latin is also great-without it he is unable to read any of the ancient law books, or (this Now, there is nothing more likely to granted unnecessary) even any modern tend to a better appreciation of the Profes- treatise on law with benefit to himself, if sion than improved care in the cultivation they all in their maxims, quotations, and reof the tree while yet a sapling, the intellect ferences, continually represent the unknown while its possessor is yet a student-if a language to the illiterate eye. It is also of higher standard of learning were required importance in deciphering old muniments, a at the examination of attorneys, the public thing frequently required, which not seldom would at any rate give the Profession credit settles a disputed point, a right of free fishery, for the amount of learning they see requisite the distinct boundaries of a vill, the grant for entering on its duties, this would be one of a fair, &c., in which if to the old law step towards strengthening their trust in hand and abbreviations be superadded ignothose to whose guidance they commit their rance of the language of the deed, where family affairs. We are of opinion (humbly) oh where is he that shall decipher it? that the present examination is not suffi- When we desiderate a knowledge of Latin ciently difficult-for we believe we are not we are humbly of opinion that the "Triexaggerating when we state it is our firm noda necessitas" need not be enforced by belief, that the stupidest boy alive could, requiring the examinee to build up Cæsar's with moderate application, learn sufficient in bridge in English, to describe the constituent five long years to pass the present examina- parts and evolutions of the Roman exercitus, tion. The present system is also bad be- or to rack his brains over any Latin piece cause it gives no encouragement to the analogous to the building of Babylon, the studious and talented, but forwards an idle seige of Platea, or cutting through Mount system of learning routine, and totally ne- Athos in Greek puzzlization. We think the glecting any study in the law; every year necessity of giving his translation of an unincreases the requirements really necessary translatable passage to succeed in the Profession, for every year fixed with a Latino-Grecism, or be required in Virgil would be here out of place, that he need not be transsees students entering its ranks with more cultivated minds, and many with the ad- to be steeped in the depths of the well of vantage of university education; why, grammatical knowledge, this we leave to