« EelmineJätka »
Diseases Prevention det. continues in force, the General Board of Health; ing discase in ships and ressels, as well upon may issue directions and regulations, as the arms and parts of the sea aforesaid as upon insaid board think fit
land waters; s. II. For the speedy interment of the deal: Whenever, in compliance with any regulation For house to house visitation :
of the General Board of Health, which they For the dispensing of medicines, guarðing may be empowered to make under this Act,
against the spread of disease, and afford- any medical officer appointed under and by ing to persons afflicted by or threatened virtue of the Laws for the time being for the with such epidemic, endemic, or contagi- relief of the poor shall perform any medical ous diseases such medical aid and such service on board of any vessel, such medical accoinmodation as may be required:
officer shall be entitled to charge extra for any
such service, at the general rate of his allowAnd from time to time, in like manner, may ance for his services for the union or place for revoke, renew, and alter any such directions which he is appointed, and such charges shall and regulations as to the said board appears ex- be payable by the captain of the vessel, on bepedient, to extend to all parts in which the pro- balf of the owners, together with any reasonvisions of this Act for the prevention of disease able expenses for the treatment of the sick ; shall for the time being be put in force under and if such services shall be rendered by any such orders as aforesaid, unless such directions medical practitioner who is not a union or and regulations be expressly confined to some parish officer, he shall be entitled to charges of such parts, and then to such parts as there for any service rendered on board, with extra in are specified; and (subject to the power of remuneration on account of distance, at the revocation and alteration herein contained) such directions and regulations shall continue same rate as those which he is in the babit of in force so long as the said provisions of this those attended and treated on shipboard, to be
receiving from private patients of the class of Act shall, under sucii order, be applicable to paid as aforesaid; and in case of dispute in the same parts; $. 6.
respect of such charges, such dispute may, Every such direction and regulation as where the charges do not exceed 201, be deteraforesaid, when issued, shall be published in mined summarily, at the place where the disthe London Gazetle, and the Gazette in which pute arises, as in case of seamen's wages not such direction or regulation was published exceeding 501. according to the provisions of shall be conclusive evidence of the direction or the law in that behalf for the time being in regulation so published to all intents and pur- force : and any justice before whom complaint poses; s. 7.
is made snall determine summarily as to the The local authority shall superintend and amount which is reasonable, according to the see to the execution of such directions and re-accustomed rate of charge within the place for gulations, and shall appoint and pay such me- attendance on patients of the like class or condical or other officers or persons, and do and dition as those in respect of whom the charge provide all such acts, matters, and things, as is made; s. 12. may be necessary for mitigating such disease, The directions and regulations of the General or for superintending or aiding in the execu- Board of Health under this enactment shall be tion of such directions and regulations, or for under the seal of the said board, and the hand executing the same, as the case may require ; of the president or two or more members there
of; and any copy of such regulations purportThe local authority may from time to time ing to bear seal and signature, whether the said direct any prosecutions or legal proceeding for signature and seal be respectively impressed or in repect of the wilful violation or neglect and written, or printed only, shall be evidence of any such direction and regulation ; s. 9. in all proceedings in which such regulations
Every order of her Majesty's Privy Council, may come in question ; s. 13. and every direction and regulation of the Ge- Whoever wilfully obstructs any person actneral Board of Health, under this Act, shall ing under the authority or employed in the be laid before both Houses of Parliament, execution of this Act, and whosoever wilfully forthwith upon the issuing thereof, if Parlia- violates any direction or regulation issued by ment be then sitting, and if not then within 14 the General Board of Health as aforesaid, days next after the commencement of the then shall be liable for every such offence to a penext Session of Parliament ; s. 10.
nalty not exceeding 51., to be appropriated in Orders in Council issued in pursuance of or towards the defraying the expenses of exethis Act for putting in force the provisions for cuting this Act; s. 14. 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. c.of Attorneys and Solicitors.
91 SALE OF BEER ACT,
LAW OF ATTORNEYS AND
SOLICITORS. 18 & 19 Vict. c. 118." It recites that the Act then in force for fur
WHAT A SUFFICIENT DELIVERY OF BILL ther regulating the sale of fermented and dis
OF COSTS. tilled liquors on the Lord's Day has been found In an action to recover the balance of to be attended with inconvenience to the pub- three hills of costs alleged to be due to the lic: it is therefore enacted, that the 17 & 18 plaintiff upon a guarantee given to him by Vict. c. 79, be repealed ; s. I.
the defendants' testator, it appeared that It shall not be lawful for any licensed victu- the plaintiff was surviving partner in the aller, or person licensed to sell beer by retail, late firm of Walmsley and Lucas, Solicitors, to be drunk on the premises, or not to be drunk on the premises, or any person licensed
of Wem, and that in September, 1848, the or authorised to sell any ferınented or distilled plaintiff and his late partner were applied liquors, or any person who by reason of the to by one John Robinson to take out a fiat freedom of the mystery or craft of vintners of in bankruptcy against him on his own pethe City of London, or of any right or privilege, tition, which they consented to do upon shall claim to be entitled to sell wine by retail, receiving the guarantee in question, and the to be drunk or consumed on the preiniscs, in fiat was issued and assignees appointed. any part of England or Wales to open or keep On August 11, 1854, duplicates of the open bis 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 afler eleven o'clock Jo!ın 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 tiff's clerk also left duplicates signed by the o'clock in the morning of the day following plaintiff at the residence of the defendant, such Sanday, Christmas Day, Good Friday, or James Roberts, in Wem, with his servant such day of public fast or thanksgiving, except (he being then from home), in an envelope to a traveller or to a lodger therein ; s. 2.
addressed to the executors of the late Mr. No person shall open any house or place of
John Roberts. Each of the bills were public resort for the sale of fermented or distilled liquors, or sell therein such liquors, in headed In the matter of the bankruptcy of any part of England or Wales, between three John Robinson, and signed thus :- 1854, or fire o'clock in the afternoon or after eleven Aug. ll. This is the bill of Walmsley and o'clock in the afternoon on Sunday, or Christ. Lucas. William Lucas, surviving partner mas Day or Good Friday, or any day appointed of the said firm of Walmsley and Lucas.” for a public fast or thanksgiving, or before four It further appeared that no letter or note o'clock in the morning of the day following accompanied the bills, and that neither the such Sunday, Christmas Day, Good Friday, or such other days appointed as aforesaid, except
names of the defendants nor that of their to travellers ; s. 3.
testator were mentioned either at the head It shall be lawful for any constable at any
or in any part of the bills.:
No duplicates time to enter into any house or place of public or copies were sent to the other defendant, resort in England or Wales for the sale of beer, Mr. John Roberts. vine, spirits, or other fermented or distilled On the trial before the Judge of the Wem liquor or liquors; and every person who shall County Court, the plaintiff obtained judgrefuse to admit or shall not admit such conment, and this appeal was presented on the stable into such house or place shall be deemed ground that the delivery of the bills was guilty of an offence against this Act; s. 4.
insufficient. 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 county, riding, division, liberty, city, the question submitted to us, viz., was borough, or place where the offence shall be there a good delivery of these bills of committed, to a penalty not exceeding 51. for costs? That depends on whether the deevery such offence, and every separate sale livery of the bills in an envelope directed to shall be deemed a separate offence; 8. 5. the person intended to be charged is suffi.
cient to satisfy the 6 & 7 Vict. c. 37, s. 37. * This Act, although not bearing much on I am of opinion that it is. Cases might professional duty, yet of course every well be put, and may possibly have arisen, informed lawyer should know its provisions : which would lead to a different construcWe therefore state its enactments.
tion ; but, in my judgment the question is always this, whether, under the circum.
Law of Attorneys and Solicitor3.—Law of Costs. stances of the particular case before the position, it was said that the 221st section of Court, a bill has been delivered in pursu- the Act provides, that the Courts and Judges ance of the requirements of the Statute. shall have the same power over matters in reAccording to the Irish case of Manning : before. It, however, appears to me independ
ference to the action of ejectment as they had Glyn, 1 Jones, Ir. Exch. Rep. 513, it ently of this, that it was intended that all landwould not be sufficient personally to deliver lords should be placed in the same situation. a bill which contained the items of charge, The Statute makes no distinction between a unless the bill also contained a statement that landlord who is actually in possession and one the party to whom it was delivered was in- who is in possession by his tenant; and I think tended to be charged. That, however, is not that we ought to construe the Statute, and to the present case. It is admitted that if the administer the practice that may arise under envelope was part of the bill, and if the it, so as to make no distinction where the bill and envelope constituted but one piece that this consideration has much force in lead
Statute itself does not make any; and I own of paper, there would be no objection. I ing me to the conclusion at which I have arconsider that the envelope and inclosure rived. In the case of a landlord in actual perare to be read together, and if so the bill sonal possession, and called upon by an action was delivered to the party and addressed to of ejectment to defend his title, the Court inhim, for the address on the envelope is as disputably has no power to require him to give good within the Statute as an address upon security for costs." Why, then, should a landthe face of the bill itself. I think, there- lord, who is in possession by his tenant, be fore, that there was in this case a good de called upon to give security? It is perfectly livery of the bills, and that in that respect whether a landlord is in possession by his
clear to me that the Statute intended that, the judgment of the County Court Judge own personal and actual possession, or by that was right.” Roberts v. Lucas, 11 Exch. of his tenant, he should be allowed to come in R. 41.
and defend simply on satisfying the Court or a
Judge that he has the possession. In this LAW OF COSTS.
case, it appears that the landlord is not actually in possession, and that he is so by his
tenant. I think that in such a case, he has LEAVE TO LANDLORD TO DEFEND IN EJECT- as much a right to come in and defend his
MENT, WITHOUT SECURITY FOR costs, property as if he were personally in possession; ALTHOUGH OUT OF JURISDICTION.
and it was admitted on all hands, that then
the Court could not interfere to require him In an action of ejectment under the 15 & 16 to give security for costs. I am not aware Vict. c. 76, leave was given under sect. 172 to of any case upon this subject, except that two foreigners residing in Spain to come in of Doe dem. Hudson v. Jameson, 4 M. & R. and defend as landlords, whereupon an order 570; that however was under the old law, was obtained from Coleridge, J., requiring se much inconvenience. It was admitted that
and such a practice would certainly lead to curity for costs.
there is a wide difference between a person's On showing cause against a rule nisi to set having to defend an action of ejectment, and this order aside, Pollock, L. C. B., said :
being called upon as plaintiff to establish his
title. Mr. Garth's argument was, that if the “I think that this rule ought to be made defendant cannot give security, he may lose absolute. Under the new order of things, his possession, and the plaintiff may recover, which the 15 & 16 Vict. c. 76, has introduced, but that the defendant does not lose his right, the action of ejectment is placed by that as the old action of ejectment was not like an Statute on the same footing as when it existed ordinary action, where the parties are conas the mere creature of the Court. Now, it is cluded by the result of the trial ; and that the to be observed, that, according to this Statute, 207th section of the Statute gives to a judga landlord is to be at liberty to come in and ment in an action of ejectment the same effect defend, upon filing an affidavit that he is in as it had before, viz., ihat of deterinining the possession of the land either by himself or his right to the possession of the land, but not tenant; and that although provision is made the title to it; and consequentiy that a defendfor striking out appearances hy certain de- ant so turned out of possession may bring a fendants, the Statute does not provide for fresh action, and recover the property. But striking out an appearance by a person who that might make all the difference. A man's has satisfied the Court or a judge that he is title may depend entirely upon his possession, in possession as landlord, either by himself or and he may be unable, if once turned out of others. It was contended in support of the possession, to show such a title as would justify rule, that there is a distinction between the him in bringing an action to recover back the state of things which existed before the Statute, land ;-to say nothing of the additional exand since has given to the action of ejecte pense, trouble, and anxiety that might be cast ment a statutable form, and not left it the mere upon him. It seems to me, therefore, that we creature of the Court. But, in answer to that ought to construe the provisions of the Act in
Law of Costs.-Attorneys to be Admitled.
93 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.
Hilary Term, 1856.
To whom Articled, Assigned, &c.
H. S. Stokes, Truro Palmer, Robert Peach, 22, Argyle-square, King'scross; and Cambridge
D. King, Cambridge Parker, Jobn, jun., Higb Wycombe
J. Parker, High Wycombe
F. H. Janson, Basinghall-street
J. F. Marsh, Warrington
Regent's-park; and Wisbeach St. Peter's C. Metcalfe, Wisbench Powell, Joseph, Moor-park, Chester; Birkenhead and Christleton, near Chester
T. Helps, Chester Prior, Joseph, jun., 9, Hornton-street, Kensington; and Jermyn-street, Piccadilly
W. A. Langdale, Southampton-buildings Rawson Francis George, 30, Alfred-place, Bedford-square
G. Rawson, Nottingliam ; B. Field, New-square Reeves, Henry james, 23, Portsmouth-place, Kennington
H. D. Davies, Warwick-street, Regent-street Richardson, John; 32,' wharton-street, Lioyd
square ; Wells-street; and Knaresborough M. Richardson, Knaresborough
M. D. Lowndes, Liverpool
B. Hope, Brompton; T. Hyatt, Shepton Mallet
R. Whitmore, Lincoln's-inn Round, James, 1, Devonshire-street, Islington T. Whitehouse, Dudley; E. F. Burton, Chancery
lane Roupell, William, 8, Coptball-court and Aspen- W. Haslam, Copthall-court; W. H. Rees, Copthall
C.F. Shoubridge, St. Mark's-square
R. E. Burrougbes, Norwich
R. W. Simonds, Winchester Simpson, Henry Blythe, Derby
J.J. Simpson, Derby Smith, William, Stockport
J. Itali, Manchester Spire, George, Stroud
W. Fryer, Stroud
Bentinek-st.; Westbourne-grove; and Oxford J. M. Davenport, Oxford
Mecklenburgh-square ; Lower Calthorpe-st.;
C. M. R. Chamberlain, Ledbury
vendish-square; Calthorpe-st.; and Brighton . R. Upperton, Brighton
Attorneys to be Admitted.-Union of Benefices Act.
To whom Articled, Assigned, 80.
Messrs Dyott, Lichfield Watson, John, jun., 5, New Ormond-st., Queen'ssquare ; and Pickering
J. Watson, sen., Pickering Watson, William Francis, 26, Devonshire-street, E. Margetts, Erwall; St. Pierre Butler Hook,
Queen's-square; and Lincoln's-inn-fields Lincoln's.inn-fields Welster, George, Aiskew, near Bedale .
C.T. llerring, Bedale Wheat, Thomas Ibichcote, 28, Goxer-place, Bedford-square; and Sheffield
J.J. Wheat, Sheffield Whitcombe, George, Cbester
J... Ibircombe, Gloucester; T. Helps, Chester White, llenry Brown, 6, Raymond's-buildings, Gray's-inn; and Preshute
S. B. Dixon, Persey; W. Lewis, Raymond-bldgs.
G.B. Lefros, Piccadilly
G. Freeth, Nottingham; T. Borrett, Whiteliall-place Wilson, Thomas, 33, l'orriano-terrace, Kentishtown ; and Doncaster
J. Wilson, Goole; J. Collinson, Doncaster
T. Wl'otton, Tokenhouse-yard
J. W'rentmore, Lincolu's-iun-fields
Added to List pursuant to Judges' Orders. George, Francis, 17, Sise-lane; and 56, Beaumontsquare, bolile-end
T. Wood, 2, Corbet-court, Gracechurch-street Lloyd, Robert William, 53,
J. Lloyd, Ludlow
Re-admission in Hilary Term. Fuller, Joseph Bury, Birmingham
· A, Y. Bird, Kidderminster
UNION OF BENEFICES ACT. 1. Under the provisions of this Act, it shall
and may be lawful to unite two or more bene18 & 19 Vict. c. 127.
fices or one or more henefice or beneäces and
one or more spiritual sinecure rectory or recThis is an Act to make better provision for tories, vicarage or vicarages, contiguous to the union of contiguous benefices, and to fa. each other, without regard to aggregate popu. cilitate the building and endowing of new lation or aggregate yearly value, and without churches in spiritually destitute districts. It
any limitation as to the same, and that the received the Royal Assent on the 141h August, union of such benefices shall and may be 1855. It recites the 1 & 2 Vict. c. 106,
effected in the manner hereinafter provided. 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, ricaraye 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 5001 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 euch 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 tignous benefices in cases where such union
cause a statement in writing of the facts, cermay be advantageous to the interests of retified and signed by himself
, to be submitted ligion : It is therefore enacted :
to her Majesty's Commissioners for building