Page images
PDF
EPUB

420 Farties in Suits by Joint Stock Companies.-New Bilis in Parliament. filed by a person who claimed a certain too strict an adherence to forms and rules Gefinite interest in a mine and mining ad- established under very different circumstances venture as one of the number of co-part- - decline to administer justice and to enforce ners, stating that the defendants who were rights for which there is no other remedy. I the legal owners of the mine, and also co- am not, however, in this case called upon partners in the adventure had, subsequently, to act upon this principle, as I find deci. unknown to the plaintiff, but with the con- sions already made which are amply suffisent of the other co-partners, and fully cient to support the plaintiffs' right to sue accounting to such co-partners for their in the form they have adopted. That where shares of the profits up to the time, sold the parties interested are numerous, and the and conveyed the mine to trustees for a suit is for an object common to them all, joint stock company, the property of which some of the body may maintain a bill on was held by a numerous body of proprietors behalf of theinselves and of the others, is in transferrable shares passing by delivery established. This was not disputed: but of the certificates, and had received the it was said that the plaintiff ought to have consideration for the sale, partly in money, produced the deed constituting this comand partly in shares in the joint stock com- pany. I cannot think that necessary when pany, and praying that the defendants might, I find the appellant, in the docaments at the plaintiff's election either account to which are in evidence, describing his emthe plaictiff for the proportion of the profits ployers as a mining company, and when it derived from the sale, or out of the shares is proved that he stipulated for a one thirtyof the joint stock company in their hands second share." That it is necessary to miglit transfer to him such a number of produce the deed in certain cases in an shares as would be equivalent to the in- action at law of a similar kind, see Phelps v. terest which the plaintiff had in the original Lyle, 2 Per. & Dav. 314, and ante, p. 179. adventure; and the present Lord Chancellor held that a demurrer would not lie to such a bill on the ground that the other co-part

NEW BILLS IN PARLIAMENT. ners in this original adventure, or the trustees or shareholders of this joint stock company, were not made parties. desirable,said his Lordship, not to be too

This bill has been brought in by the Secre. strict in cases like the present, which are be- tary of State for the Home Department, " for

better refining the powers of Justices within coming more and more common every day. In the Metropolitan Police District.” It recites the present instance however, for the reasons that loy the 2 & 3 Vict. c. 47, s. 76, it is among I have stated, it is not necessary to make other things enacted, that in tbe construction any relaxation of the strict rules of the of that act the word “inagistrate” shall be Court with respect to the parties.” But at

taken to include every justice of the peace any rate it is quite settled that where the acting in and for any part of the Metropolitan interest is a common one, all the sharehold- be established, and that if any offence against

Police District for which no police evurt shall ers need not be parties. This has been that act shall have been communitied, or the very recently decided by the Lord Chancel- offenıler apprehended in any part of the Me. lor in the case of Taylor v. Salmon ;a and tropolitan Police District for which no police we call attention to the part of the judy- court sball be established as aforesail, the ment printed in italics.

matter of such coinplaint may be also heard "The appellant, however, sets up certain acting in and for the county in which the

and determined by any two or more justices objections to the plaintiff's title to a decree ; offence was coinmitted or the offender appreand first he objects that all the members of hended; and it is expedient that the nieaning the company on whose behalf the hill is filed, of these enactments be more clearly expressed are not parties to the suit. I have before and that further provisions be inade for deriataken occasion to observe (see Mare v. Ma, ing the divisions for which police courts are lachy, 1 M. & C. 559) that I thought it the established within the Metropolitan Police duty of this Court 10 adapt its practice and acted, that so inuch of the said act as is herein

District: it is therefore proposed to be encourse of pruceeding as fur as possible to the, before recited shall be repealed. existing state of society, and to apply its ju- 2. That it shall be lawful for ber Majesty, risdiction to all those new cases which from with the advice of her privy council, from time the progress duily making in the affairs of to time to constitute within the Metropolitan men must continually arise, and not froin Police District so many police court divisions,

as 10 ber Majesty shall seem fit, aud to define

the extent thereof, and froin tine to time to • 4 Myl. & C. 131.

aller the number and extent of such police

METROPOLITAN POLICE COURTS.

It is very

60

New Bills in Parliament.-Notices of New Books : Lowndes Law of Copyright. 421 court divisions, and to assign a division to have been established, and a division açsigned each of the police courts already established, to such court as aforesaid, such justices shall and to establish a police court for each of the not act in that division, in the execution of the other divisions: provided always, that nothing two said acts or either of them elsewhere than in this act contained shall be construed to at such court; and that at every police court restrain the police Magistrates appointed !o at which the regular attendance of a police the said Couris from acting in all places within magistrate shall have been ordered by her Ma. the limits of their commissions as fully in jesty, as herein-before provided, the police all respects as if this act had not been made. magistrate while present in such court shall act

3. And reciting that hy an act passed in the as the sole magisirate thereof. Jast session of parliament, intituled "

an Act

7. That so much of the last-recited act as for regulating the Police Courts in the metro provides that no clerk in any of the police polis," it is provided, that one of the inagis, courts shall hold or have any other office or trates appointed to the said courts shall attend employment whaterwever, except as therein exon every day (except as therein excepted) at cepted, shall be taken to apply only to the each of the police courts established or to be police courts now established: provided alestablished within the Detropolitan Police ways, that no person, being clerk to any District; and that the business of a police vestry, or to any board of guardians of the court in the outer parts of the Metropolitan poor, shall act as clerk in any police couri, or Pulice District will not require the daily attend- as clerk to the justices acting in any division ance of one of the said magistrates; it is pro- within the Metropolitan Police District. posed to be enacted, that so much of the last re- 8. Form of recognizance, information and cited act as requires the daily attendance of one conviction. of the said magistraies al each of the said courts

9. That whenever any person shall be shall be taken to apply only to the police courts charged before any police magistrate or before now established in Bow Street, and in the pa any two justices at any police court within the rishes of Saint Margaret Westeninster, Saint Metropolitan Police District with any felony Ja.nes Westininster, Saint Marylebone, Saint or inisdemeanor for which he is liable to be Andrew, Holborn, Saint Leonard Shorediteb, comunitted to take his trial at the assizes to be Saint Mary Whitechapel, and Saint John of holden for any of the counties of Essex, HertWapping, in the County of Middlesex, and ford, Kent, úr Surrey, it shall be lawful for Saint Saviour in the County of Surrey, and such police magistrate or for such justices, if shall continue to apply to the said Courts, he or they respectively shalibiuk fit, to sutter wheresoever they may froin time to time be such person to go at large upon a recogniholden or removed to within the Metropolitan zance conditioned for surrendering himseli to Pulice District.

take his trial at such assizes, in like manner as 6. That it shall be lawful for her Majesty, if such recognizance inay be taken for his surshe shall think fit, with the advice of her render to take his trial at the Central Criminal Privy Council, to order that a police magis- | Court in cases where he is liable to be comtraté or magistrates shall attend regularly atmitted for trial at the Central Criminal Court ; any police court or courts hereafter to be es, and every such recognizance shall be within tablished, either daily or on such days agd all the provisions of"ibe last recited act re. tines as her Majesty, by the advice aforesaid, lating to recognizances for surrendering to be sliall order; and it shall be lawful for her tried at the Central Criminal Court. Ni jesty, from time to time, with the advice a:oresaid, to alter or rescind any such order.

NOTICES OF NEW BOOKS. 5. That every order in council, either for constiluting or altering a police court division, or for assigning a divisiou to the police courts An Historical Sketch of the Law of Copyalreally established, or for establishing or re

right: with remarks on Serjeant Tulfourd's moving a police court, or for ordering the

bill: and an Appendix of the Copyright regular attendance of a police magistrate or

Laws of foreign countries. By John J. nagistrates at any police court or courts, or for altering or rescinding any such order, Lowndes, Esq. London: Saunders and

Benning. shall be published in the London Gazette, and sball take effect from the time appointed for The principle of the bill for amending the that purpose by the said order.

law of copyright, has been stated in so 6. That any two justices of the peace having jurisdiction within the Metropolitan Police masterly a manner by its author, Mr. SerDistrict shall have, while sitting together in jeant Talfourd, and all the reasons in its uny part of the

said district within the limits of favour have been so eloquently urged, and their conmission, except in the divisions to be the prominent objections refuted again and assigned to the police courts already estali- again by the learned Serjeant, that we lished, all the powers, privileges, and duties should have thought the work now before which aus one magistrate of the said police us was scarcely necessary. The opposition, courts bas while sitting in one of the said however, to the bill has been so long and courts by the two recited acts of the last session of parliament or either of them: Provided perseveringly continued that new advocates always; that whenever a new police court shall in its behalf ought to be welcoined.

422 Notices of New Books : Lowndes's Historical Sketch of the Law of Copyright. Mr. Lowndes states that

the proceedings on Mr. Serjeant Talfourd's

bill in 1839. 15th. Observations on the The object of the following little treatise

bill. is to give a succinct historical account of the origin of the property known as 'copyright,' Passing over Mr. Lowndes's historical and of the modifications and alterations it has sketch, subdivided into fourteen chapters, subsequently undergone down to the present in which he has traced the recognition of tiine.

copyright by decrees of the Star Chamber, “The motive in laying it before the public, Ordinances of State, usages, and bye laws is to attempt to remove the misapprehensions of the Stationers' Company; the received which prevail with regard to this species of property, both as to its former existence, and opinion of the common law right at the as to the effect and expediency of the measure passing of the 8 Ann. c. 19, confirmed by proposed by Serjeant Talfourd.

the decision of Miller v. Taylor, and the It will be seen by the Appendix, that in subsequent measures in diminution or inalmost every country but Great Britain, copy-crease of the author's right:-we come to right is continued for some period after the his observations on the present bill. Mr. author's death, for the benefit of his heirs; Lowndes notices the several objections to and yet a bill for this purpose has been for the principle of the bill, which are of course three sessions before the British legislature, and each session postponed : and this, owing familiar to our readers from the debates in not so much to any opposition existing to its parliament. He appears to doubt whether principle, which has been each timne affirmed the extension of the copyright should be by respectable majorities, as to the apathy exactly sixty years from the death of the with which every question is treated, which author, and indeed, he says he is inclined does not awaken the spirit of party, or touch to think “ that two thirds of that period or the ever-sensitive chord of self-interest; and which has thus suffered an insignificani mi- perhaps even less would be sufficient." We nority to defeat it in detail.

believe that sixty years was fixed upon as a I feel sensibly that more time and study period known to the law, and admitting of than have been in my power to bestow, are evidence of title being adduced without much necessary to do justice to this subject; but if, inconvenience. by the perusal of the following pages, the Mr. Lowndes then enters upon some of reader is convinced that such a right as that the details of the measure, which, he thinks, knowu by the name of copyrighy did formerly exist at common law, and was only taken) might be altered before it is passed into a away by a inistaken interpretation of the effect of the statute of Anne, and that the state of the

“ Such, for instance, as the anomaly which present law is such as imperatively demands has been objected to it, with regard to works alteration ; I shall not consider the few leisure already published, of giving to an author who hours 1 have appropriated to their composition bas retained the whole, or a portion of the from the severer duties of my profession, as interest in his own hands, the benefit of the either mispent or unprofitably employed.”

extension of the term; but denying it in the

case of another, who, not having the same The author treats of his subject :- 1st means or good fortune, has assigned away all From the invention of printing to the forma- his interest. There is no other reason for this tion of the Stationers Company in 1556. distinction, but because in such cases, the as. 2d.- From the latter period to the rebellion signee cannot claim the future term, for which in 1640. 3d. From 1640, to the restoration he has paid nothing; and it cannot be given in 1660. 4th. From 1660, to the accession to the author, for it would be unjust to the

assignee, since the assignee, in making his of William and Mary in 1688. 5th. From bargain with the author, calculated with refer1688, to the accession of Anne. 6th. From ence to the present law, that he should have the accession of Anne, to the passing of the same right, at the expiration of his term, 8 Ann. c. 19. 7th. From the 8th Ann. to to print it, as the rest of the world, and a the case of Miller v. Taylor, in 1769. 8th greater, practically, by the custom of the trade The case of Miller v. Taylor. 9th. From amongst booksellers; and therefore it would 1769, to the case of Beckford v. Hood, in the future term, or forego the advantages be

not be fair to compel him, either to pay for 1798. 10th. From the 41 Geo. 3, c. 107, would otherwise have had when his copyright to the 54 Geo. 3, c. 156. 11th. From the expired, in publishing the work under the 54 Geo. 3, c. 156, in 1814, to the year present law. And what objection can there 1836. 12th. The motion of Mr. Serjeant exist to a clause being framed, giving the ac. Talourd in 1837, to the accession of her thor or his heirs, in such cases, a power to Majesty. 13th. The proceedings respect

assign the future interest only to one party, ing the amendment of the copyright laws, In the case of a work of merit, the interest in

nainely, to the assignee of the original term? in the first session of the present parliament. which has been wholly assigned, the publisher 14th. The International Copyright Bill, and to whom it is assigned would be very willing

law.

Notices of New Books.The Lord Chancellor's Bill & Proposed Further Reforme. 423 to purchase the extended period on terms very | neglecting the provision of a competence for advantageous to the author; and it would be those they leave to bewail their loss; but have hard, under such circumstances, where it could obtained the one by the same efforts as the injure no one, that the author should be de-other, and fulfilled at the same time įheir asprived of the benefit, inerely because he had pirations for fame and their duties as members not retained a share of the interest in his own of society-will receive the unqualified sanction hands. And where the author and the assignee of the legislature and we shall then at least could not agree upon terins, and no such have done something to avoid that eloquent future assigument was made, then the copy- reproach of Dryden," that it continues to right should expire, as it would otherwise do, be the ingratitude of mankind, that they who under the present existing law. Those who teach wisdom by the surest means, shall geneare captious enough to take extreme objec- rally live poor and unregarded, as if they were tions, inay urge that a case inight arise, where born only for the public, and had ņo interest a bookseller might capriciously refuse to pur- in their own well-being, but were to be lighted chase, except at terms extremely disadvanta- up like tapers, and waste themselves for the geous to the author; and thus the author benefit of others." would be left wholly at his mercy. But those who would urge this, forget altogether, that without such a clause, no author at all, who has assigned away the whole of his interest,

THE LORD CHANCELLOR'S BILL, can receive any benefit by the bill as it now AND PROPOSED FURTHER RE. stands.

FORMS. "And again, a clause, allowing parties to print a book when out of print for five years, on advertising publicly their intention so to do, and

To the Editor of the Legal Observer. suffering a year from the date thereof to elapse,

Sir, is much oljected to, on account of the disti- In calling your attention to the provisions of culties it is supposed in practice it would pre. the bill brought in for the amendment of the sent; but it might perhaps be altered into a

proceedings in Chancery, and intituled “An Act clause to the same effect, without the same iu- for facilitating the Administration of Justice," conveniences. For instance, if proof of deinand I beg to subunit to theconsideration of those in. inade at the house of the publishers of the last terested in the measure, whether it will no edition, once every year, for three, four, or five have the effect only of removing the pressure successive years, with the same answer, that of busi:less and the consequent delay from the it was out of print, (or any other proof of a Courts, and increase those erils at the Master's similar nature, that the work had been out of offices, unless some provision beyond that conprint for four or five years,) should be beld to lained in the bill, is supplied to obviate them. be a prima facie case, to entitle a party to re- The present number of Masters with their print it, and throw the onus of sbowing that he clerks, are, I believe, out more than sufficient was aware that it was not out of priot, or that to cope with the amount of the business at a new edition was preparing, on the author or present before them; and I much doubt whehis assignee. Such a clause would protect the iher the present Masters and their clerks, with owner of copyright; at the same time it would the addition of another Master and his clerks, not check enterprize, by obliging publicity to will be sufficient to manage the present busibe given to a speculation of a purely mercan

ness of the Court of Chancery and the Court tile nature, and thus awakening coinpetition. of Exchequer, and also the extra business It is absurd to contend, as has been done, that which will be sent to them by the two additional a publisher, not wishing to reprint himself, nor Judges. that others should reprint, might keep soine The bill contemplates an increase of business copies by him to shew that it was not out of in the Registrars Office, where the orders of print; for if the work was wortb reprinting, the Court are drawn up; but how much more à sale would be found for these remaining must the business of the Masters and their copies, and he could not refuse to sell.” clerks be increased, by whom the greater part

of those orders are carried out. In conclusion, Mr. Lowndes thus ably and appropriately sums up the argument in in the Masters' Offices lay with the head clerks,

As the most heavy part of the proceedings favour of the general principle.

I beg to submit whether it will not be advisable “ Therefore we doubt not that a measure, to empower the Lord Chancellor to appoint so imperatively one of national justice; which one additional head clerk to each Master, in case has for its object the benefit of the good and the pressure of business in their offices become the great, and tends to make the reward of too great for a single one to manage. merit proportionally greater than that of for- The present bill provides for the Lord Chantupe ; which allows genius and learning to cellor taking original causes, which, with great pursue their labours in the face of death, se submission, I consider an objection, as it decure in the knowledge that the fame which prives the party of an appeal to any other triposterity will confer on their name, will not bunal than that expensive one, the House of be unaccompanied by substantial benefits to Lords; and it must be far from satisfactory to their family, and that they have not to blame the feelings of that Judge, who without the themselves for pursuing an empty vanity, and guidance of a previous decision, must, at the

424

The Lord Chancellor's Bill, &c.-House of Lords and Courts of Chancery. time he decides, feel that his decision can only be enabled to turn their attention to some be appealed from at a considerable expensem other business. an expense which would oblige a great many Last year one of the sixty clerks died, who, to forego a right sooner than encounter ; and it is believed was realizing a profit of 50001. if the Lord Chancellor does take original per annum; in a few years his successor will causes, I beg to suggest that some tribunal of course be entitled to compensation on that ought to be provided to whom appeals from amount, whenever a reform takes place in the his decision would be vo more expensive than Six Clerks' Office. those are from the decisions of the Master of the Rolls and the Vice Chancellor to the Lord

A PRACTISING SOLICITOR. Chancellor

H. P.J.

[Our correspondent is mistaken in supposing Sir,

that no alteration is contemplated in the Six In perusing the "observations of a solicitor, Clerks'Office. We believe the Lord Chancellor on defects in the offices, practice, and system will not be content with carrying the bill now of costs in the equity courts," and the supple. ment to the same, so far as respects the Six before parliament, but that another bill for Clerks' Office, and the plan therein proposed, reforming the offices of the Court is in pre. every solicitor acquainted with the practice of the Court of Chancery, will admit that the

paration. Ed.] alterations proposed, which it is stated will be a saving to the suitor, to the extent of 40,0001. per annum, ought immediately to be carried

HOUSE OF LORDS AND COURTS into effect, It is reported that no alteration is to be pro

OF CHANCERY. posed as respects this department of the Court: it therefore necessarily becomes the duty of the Law Institution, and the general body of the following are Sir E. Sugden's proposed solicitors representing the suitors of the Court, resolutions on the appellate jurisdiction of the to bring forward the necessary reforin, and House of Lords and Court of Chancery. which it is to be hoped will be immediately 1. That it is expedient to abolish the Court done, before any partial alteration is made in of Review in Bankruptcy, as far as regards the Court of Chancery.

the judges of that Court, and to restore the As respects the six clerks, it is admitted by jurisdiction of the Great Seal and the Vice every person acquainted with that office, that Chancellor. they are entirely useless.

2. That it is expedient to abolish the JudiAs respects the sixty clerks (with the excep-cial Committee of the Privy Council, and to tion of one or two) they only attend to that re-model the Court. part of their business which relates to the taxa- 3. That it is not expedient to take away any tion of costs, the rest of their business being equity judge from his Court for the perforinleft to their clerks, whoin they call agents. ance of judicial functions elsewhere, without

The number of sixty clerkis practising, it is an absolute necessity. believed, ainount to twenty-eight, and the 4. That it is expedient, in the contemplated number of agents to these gentlemen, seven. creation of new Courts of Equity, to make

Of the twenty-eight “sixty clerks,” it is provision for the independence of the judges, believed more than three-fourths of the busi- and, by orders of Court, to make provision ness is done by three, or at the most four of for the regular hearing of causes according to those gentlemen, so that if five or six of the their priority, su that no cause may be adsixty clerks and the seven agents were to be vanced out of its turn without sufficient cause ; made an efficient body, (instead of the six and for the regulation of the hearing of short clerks and the sixty clerks) tbose twelve or causes, so that important points of law may thirteen persons would be able to do the whole not be decided hastily and without due delibeof the business of the Six Clerks' Office. ration; and also provision for having in each

This is to be accomplished by alterations Court a list of the judgınents in arrear always being made as respects the six clerks and sixty hung up in Court, and a copy thereof delivered clerks, similar to what was done when the to the judge by the registrar on the first MonCourt of Exchequer of Pleas was made avail- day's sitting in every month; and likewise able to all solicitors.

provision that no case be postponed in hearing Considering, therefore, that the six clerks on account of the absence of counsel in anoare useless, being also persons advanced in ther Court, unless (if the judge shall think fit) years,—that the business as respect the sixty where the counsel has followed a case upon clerks, is principally done by three or four, appeal. --and that since Lord Brougham's Chancery 5. That it is expedient that the appointment Act several sixty clerks have died, the present of the Masters in Chancery should again be time should not be lost for effecting the saving vested in the Lord Chancellor, instead of the to the suitor and coinpensating the present crown ; and that the master's offices should oflicers of tlie establishment, the inajority of be rc-inodelled, and their sittings be made whoin it is believed, would be very glad to public. acquiesce in such an arrangement, and thereby 6. That it is expedient that the Lord Chan.

« EelmineJätka »