« EelmineJätka »
continues in force, the General Board of Healthing disease in ships and vessels, as well upon may issue directions and regulations, as the arms and parts of the sea aforesaid as upon inIsaid board think fitland waters; s. 11.
For the speedy interment of the dead:
And from time to time, in like manner, may
Every such direction and regulation as aforesaid, when issued, shall be published in the London Gazette, and the Gazette in which such direction or regulation was published shall be conclusive evidence of the direction or regulation so published to all intents and purposes; s. 7.
The local authority shall superintend and see to the execution of such directions and regulations, and shall appoint and pay such medical or other officers or persons, and do and provide all such acts, matters, and things, as may be necessary for mitigating such disease, or for superintending or aiding in the execution of such directions and regulations, or for executing the same, as the case may require;
The local authority may from time to time direct any prosecutions or legal proceeding for or in repect of the wilful violation or neglect of any such direction and regulation; s. 9.
Every order of her Majesty's Privy Council, and every direction and regulation of the General Board of Health, under this Act, shall be laid before both Houses of Parliament, forthwith upon the issuing thereof, if Parliament be then sitting, and if not then within 14 days next after the commencement of the then next Session of Parliament; s. 10.
Whenever, in compliance with any regulation of the General Board of Health, which they may be empowered to make under this Act, any medical officer appointed under and by virtue of the Laws for the time being for the relief of the poor shall perform any medical service on board of any vessel, such medical officer shall be entitled to charge extra for any such service, at the general rate of his allowance for his services for the union or place for which he is appointed, and such charges shall be payable by the captain of the vessel, on behalf of the owners, together with any reasonable expenses for the treatment of the sick; and if such services shail be rendered by any medical practitioner who is not a union or parish officer, he shall be entitled to charges for any service rendered on board, with extra remuneration on account of distance, at the same rate as those which he is in the babit of receiving from private patients of the class of those attended and treated on shipboard, to be paid as aforesaid; and in case of dispute in respect of such charges, such dispute may, where the charges do not exceed 20. be determined summarily, at the place where the dispute arises, as in case of seamen's wages not exceeding 50l. according to the provisions of the law in that behalf for the time being in force and any justice before whom complaint is made shall determine summarily as to the amount which is reasonable, according to the accustomed rate of charge within the place for attendance on patients of the like class or condition as those in respect of whom the charge is made; s. 12.
The directions and regulations of the General Board of Health under this enactment shall be under the seal of the said board, and the hand of the president or two or more members thereof; and any copy of such regulations purporting to bear seal and signature, whether the said signature and seal be respectively impressed and written, or printed only, shall be evidence in all proceedings in which such regulations may come in question; s. 13.
Whoever wilfully obstructs any person acting under the authority or employed in the execution of this Act, and whosoever wilfully violates any direction or regulation issued by the General Board of Health as aforesaid, shall be liable for every such offence to a penalty not exceeding 57., to be appropriated in or towards the defraying the expenses of executing this Act; s. 14.
Orders in Council issued in pursuance of this Act for putting in force the provisions for the prevention of disease in the said Nuisances The provisions of any general Act in force Removal and Diseases Prevention Acts con- for the removal of nuisances, with regard to tained, in Great Britain, may extend to parts the service of notices, the proof of orders or and arms of the sea lying within the jurisdic- resolutions of the local authority, and the retion of the Admiralty; and the Board of Health covery of penalties, shall extend and apply to for England may issue under this Act direc- this Act; s. 15.
tions and regulations for cleansing, purifying, ventilating, and disinfecting, and providing
medical aid and accommodation, and prevent
Sale of Beer Act.-I. w. of Attorneys and Solicitors.
SALE OF BEER ACT.
LAW OF ATTORNEYS AND
18 & 19 VICT. c. 118.1
IT recites that the Act then in force for fur- WHAT A SUFFICIENT DELIVERY OF Bill ther regulating the sale of fermented and distilled liquors on the Lord's Day has been found to be attended with inconvenience to the public: it is therefore enacted, that the 17 & 18 Vict. c. 79, be repealed; s. 1.
IN an action to recover the balance of three bills of costs alleged to be due to the plaintiff upon a guarantee given to him by the defendants' testator, it appeared that the plaintiff was surviving partner in the late firm of Walmsley and Lucas, Solicitors, of Wem, and that in September, 1848, the plaintiff and his late partner were applied to by one John Robinson to take out a fiat in bankruptcy against him on his own petition, which they consented to do upon receiving the guarantee in question, and the fiat was issued and assignees appointed.
It shall not be lawful for any licensed victualler, or person licensed to sell beer by retail, to be drunk on the premises, or not to be drunk on the premises, or any person licensed or authorised to sell any fermented or distilled liquors, or any person who by reason of the freedom of the mystery or craft of vintners of the City of London, or of any right or privilege, shall claim to be entitled to sell wine by retail, to be drunk or consumed on the premises, in any part of England or Wales to open or keep On August 11, 1854, duplicates of the open his house for the sale of or to sell beer, bills of costs signed by the plaintiff, and spirits, or any other fermented or distilled liquor between the hours of three and five inclosed in an envelope addressed to Mr. o'clock in the afternoon, nor after eleven o'clock, John Robinson, 46, Brunswick Road, Liverin the afternoon on Sunday, or on Christmas pool, the bankrupt, were put in the post-office Day, or Good Friday, or any day appointed for at Wem; and on the same day the plaina public fast or thanksgiving, or before four o'clock in the morning of the day following such Sunday, Christmas Day, Good Friday, or such day of public fast or thanksgiving, except to a traveller or to a lodger therein; s. 2.
No person shall open any house or place of public resort for the sale of fermented or distilled liquors, or sell therein such liquors, in any part of England or Wales, between three or five o'clock in the afternoon or after eleven o'clock in the afternoon on Sunday, or Christ. mas Day or Good Friday, or any day appointed for a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sunday, Christmas Day, Good Friday, or such other days appointed as aforesaid, except to travellers; s. 3.
It shall be lawful for any constable at any time to enter into any house or place of public resort in England or Wales for the sale of beer, wine, spirits, or other fermented or distilled liquor or liquors; and every person who shall refuse to admit or shall not admit such constable into such house or place shall be deemed guilty of an offence against this Act; s. 4.
tiff's clerk also left duplicates signed by the plaintiff at the residence of the defendant, James Roberts, in Wem, with his servant (he being then from home), in an envelope
addressed to the executors of the late Mr. John Roberts. Each of the bills were' headed In the matter of the bankruptcy of John Robinson, and signed thus:- 1854, Aug. 11. This is the bill of Walmsley and Lucas. William Lucas, surviving partner of the said firm of Walmsley and Lucas." It further appeared that no letter or note accompanied the bills, and that neither the names of the defendants nor that of their testator were mentioned either at the head or in any part of the bills. No duplicates or copies were sent to the other defendant, Mr. John Roberts.
On the trial before the Judge of the Wem County Court, the plaintiff obtained judgment, and this appeal was presented on the ground that the delivery of the bills was
Every person who shall offend against this Pollock, L. C. B., said. "We are all Act shall be liable, upon a summary conviction agreed as to the answer to be returned to for the same before any justice of the peace the question submitted to us, viz., was for the county, riding, division, liberty, city, borough, or place where the offence shall be there a good delivery of these bills of committed, to a penalty not exceeding 51. for every such offence, and every separate sale shall be deemed a separate offence; s. 5.
This Act, although not bearing much on professional duty, yet of course every wellinformed lawyer should know its provisions:
we therefore state its enactments.
costs? That depends on whether the delivery of the bills in an envelope directed to the person intended to be charged is sufficient to satisfy the 6 & 7 Vict. c. 37, s. 37. I am of opinion that it is. Cases might be put, and may possibly have arisen, which would lead to a different construction; but, in my judgment the question is always this, whether, under the circum
Law of Attorneys and Solicitors.-Law of Costs.
stances of the particular case before the
LAW OF COSTS.
LEAVE TO LANDLORD TO DEFEND IN EJECT
position, it was said that the 221st section of
MENT, WITHOUT SECURITY FOR COSTS, property as if he were personally in possession;
"I think that this rule ought to be made absolute. Under the new order of things, which the 15 & 16 Vict. c. 76, has introduced, the action of ejectment is placed by that Statute on the same footing as when it existed as the mere creature of the Court. Now, it is to be observed, that, according to this Statute, a landlord is to be at liberty to come in and defend, upon filing an affidavit that he is in possession of the land either by himself or his tenant; and that although provision is made for striking out appearances by certain defendants, the Statute does not provide for striking out an appearance by a person who has satisfied the Court or a Judge that he is in possession as landlord, either by himself or others. It was contended in support of the rule, that there is a distinction between the state of things which existed before the Statute, and since it has given to the action of ejectment a statutable form, and not left it the mere creature of the Court. But, in answer to that
and it was admitted on all hands, that then the Court could not interfere to require him to give security for costs. I am not aware of any case upon this subject, except that of Doe dem. Hudson v. Jameson, 4 M. & R. 570; that however was under the old law, and such a practice would certainly lead to much inconvenience. It was admitted that there is a wide difference between a person's having to defend an action of ejectment, and being called upon as plaintiff to establish his title. Mr. Garth's argument was, that if the defendant cannot give security, he may lose his possession, and the plaintiff may recover, but that the defendant does not lose his right, as the old action of ejectment was not like an ordinary action, where the parties are concluded by the result of the trial; and that the 207th section of the Statute gives to a judgment in an action of ejectment the same effect as it had before, viz, that of determining the right to the possession of the land, but not the title to it; and consequently that a defendant so turned out of possession may bring a fresh action, and recover the property. But that might make all the difference. A man's title may depend entirely upon his possession, and he may be unable, if once turned out of possession, to show such a title as would justify him in bringing an action to recover back the land;-to say nothing of the additional expense, trouble, and anxiety that might be cast upon him. It seems to me, therefore, that we ought to construe the provisions of the Act in
Law of Costs.-Attorneys to be Admitted.
such a way as to give full effect to it. Whether appears to me, that we ought so to construe or no the Act was intended to create the differ- the Act, notwithstanding the case of Doe d. ence for which Mr. Wilde contended, namely, | Hudson v. Jameson, which was decided at a absolutely to entitle a landlord to come in and time when the action of ejectment was purely defend, so as to make the order of my brother the creature of the Courts. I am not aware Coleridge a nullity, I do not pretend to say. that that decision has ever since been acted It may be, that the matter was not adverted to upon, so as to have had the attention of the at the time the Act passed; but, I am quite Courts called to it. Moreover, the case was sure of this, that it was not intended by the not fully argued, and the reasons of the Judges Legislature, in passing that Act, to put a land- are exceedingly short; and, in the present lord, who is in possession by his tenant, in a state of the law, I do not feel myself bound by different position from a landlord in actual and it." Butler v. Meredith, 11 Exch. R. 85. personal possession. On this short ground, it
ATTORNEYS TO BE ADMITTED.
Clerks' Names and Residences.
Nichols, Thomas, 11, Owen's-row, St. John-street
road; and Windsor-terrace
Palmer, Robert Peach, 22, Argyle-square, King's
cross; and Cambridge
Parker, John, jun.. High Wycombe
Pears, William Thompson, 14, Milner-st., Upper
Pope, Stephen Ratcliffe, 10, Gloucester-street.
Prior, Joseph, jun., 9, Hornton-street, Kensing-
Reeves, Henry James, 23, Portsmouth-place,
Richardson, John, 32, Wharton-street, Lloyd-
Roper, Samuel, 31, Victoria-street, Stapleton-road,
Roumieu, Edward Abraham, 8, Regent-square, St.
Round, James, 1, Devonshire-street, Islington
Roupell, William, 8, Copthall-court and Aspenhouse, Brixton-bill
Sanders, Edward, 1, The Grove, Lewisham
Sills, John Saul, 3, Walpole-street, Chelsea; and
Simonds, Henry Sanders, 9, Angel-court, Threg
Bentinck-st.; Westbourne-grove; and Oxford
R. E. Burroughes, Norwich
R. W. Simonds, Winchester
J.J. Simpson, Derby
J. Hall, Manchester
W. Fryer, Stroud
J. M. Davenport, Oxford
Sydney, Algernon Edward, 46, Finsbury-circus. E. J. Sydney, Finsbury-circus
Tweedie, Richard Walter, 15, Circus, Greenwich D. Boys, Ely-place
Upfill, James Marshall, 5, Mecklenburgh-street,
Mecklenburgh square; Lower Calthorpe-st.; Bernard-street; Ledbury; and Bromyard Upperton, Robert, jun., 24, Princes-street, Cavendish-square; Calthorpe-st.; and Brighton.
C. M. R. Chamberlain, Ledbury
R. Upperton, Brighton
Watson, William Francis, 26, Devonshire-street,
Whitcombe, George, Chester
White, Henry Brown, 6, Raymond's-buildings,
Whittell, Eugene T. Curzon, 6, The Grange villas,
Wilkins, Reginald Hay, 32, Half-moon-street,
Wilson, Thomas, 38, Torriano-terrace, Kentish-
Wootton, John Cardy, 11, St. John's-wood-road;
To whom Articled, Assigned, &c.
Messrs Dyott, Lichfield
J. Watson, sen., Pickering
E. Margetts, Etwall; St. Pierre Butler Hook,
C. T. Herring, Bedale
J.J. Wheat, Sheffield
J. A. Whitcombe, Gloucester; T. Helps, Chester
S. B. Dixon, Pewsey; W. Lewis, Raymond-bldgs.
G. Freeth,Nottingham; T. Borrett, Whitehall-place
J. Wilson, Goole; J. Collinson, Doncaster
T. Wootton, Tokenhouse-yard
I. Wrentmore, Lincoln's-iun-fields
Added to List pursuant to Judges' Orders.
1. Under the provisions of this Act, it shall and may be lawful to unite two or more benefices or one or more benefice or beneâaces and one or more spiritual sinecure rectory or rectories, vicarage or vicarages, contiguous to each other, without regard to aggregate population or aggregate yearly value, and without any limitation as to the same, and that the union of such benefices shall and may be effected in the manner hereinafter provided.
THIS is an Act to make better provision for the union of contiguous benefices, and to facilitate the building and endowing of new churches in spiritually destitute districts. It received the Royal Assent on the 14th August, 1855. It recites the 1 & 2 Vict. c. 106, in which Act provision is contained authorising 2. Whenever it shall be represented in writthe union, by order of her Majesty in Council, ing to the bishop of the diocese by the inhabiafter such inquiry and notice, and with such tants of any two or more such parishes in consent and upon such certificate as is therein vestry assembled, or the major part of them mentioned, of two or more benefices, or one or respectively, due notice of the representation more benefice or benefices, and one or more proposed to be made having been given in the spiritual sinecure rectory or rectories, vicarage usual manner, that the benefices of the parishes or vicarages, in the same parish or contiguous of which they are inhabitants may, with adto each other, of which the aggregate popula- vantage to the interests of religion, be united, tion should not exceed 1500 persons, and the the bishop of the diocese to whom such repreaggregate yearly value should not exceed 500. sentation in writing may be made shall inquire It also recites the 13 & 14 Vict. c. 98, by which into the circumstances of the case; and if on Act the provision hereinbefore referred to was such inquiry it shall appear to such bishop that extended so as to be applicable to and for the such union may usefully be made, and that the union of benefices, sinecure rectories, and vi| patron or patrons of the benefices, rectories, or carages in the same parishes or contiguous to vicarages proposed to be united are consenting each other, and of which the aggregate popula- thereto, such consent being signified in writing tion should not exceed 1500 persons, notwith- under the hands of such patron or patrons, or standing the aggregate yearly value should that the patronage of any new church or exceed 500l. And it being expedient to amend churches proposed to be erected under this the recited Acts, and to extend the same, so as Act is to be vested in such patron or patrons to make better provision for the union of con- as hereinafter is provided, the said bishop shall tiguous benefices in cases where such union cause a statement in writing of the facts, cermay be advantageous to the interests of re-tified and signed by himself, to be submitted ligion: It is therefore enacted :to her Majesty's Commissioners for building