Page images
PDF
EPUB
[ocr errors]

29

[ocr errors]

..

8

{

{

480 Exchequer Sittings.- List of Law Bills in Parliament.-Editor's Letter Bor. Thursday 23 Motions.

Tuesday May 5 Errors

Lord Abinger Short Causes and Unop- Wednesday 6 Special paper Friday 24 posed Petitions previous Saturday 9

Lord Abinger to general Paper. Monday 11

: Lord Abinger Saturday 25 Monday

Pleas, Demurrers, Excep

27 Tuesday

tions, Causes, and Fur. | LIST OF LAW BILLS IN PARLIA.
28
ther Directions.

MENT, WITH NOTES,
Wednesday
Thursday 30) Motions.
Short Causes and Unop-

Royal Assent.
Friday
May 1 posed Petitions previous Bolton Small Debts Court.

3d April. to general Paper. Saturday 2

House of Lords. Monday

Pleas, Demurrers, ExcepTuesday

5

tions, Causes, and Fur Copyholds Enfranchisement. Ld. Brougham. ther Directions.

[In Select Committee.] Wednesday 6J

For facilitating the Administration of Justice. Thursday 7 Motions.

[For second reading.) Lord Chancellor. Short Causes and Unop- For the commutation of Manorial Rights. Friday

posed Petitions previous [For second reading.] Lord Redesdale.

to general Paper. For defining the powers of the Metropolitan Saturday 9 Pleas, Demurrers, Excep- Police Justic Monday ii) tions, Causes, and Fur- [Passed.] Marquis of Normanby. Tuesday 12 ther Directions.

For giving Summary Protection to the publiWednesday .. 13 Motions..

cation of Parliamentary Papers.

[In Committee.)
Before the Master of the Rotis.

Newton Abbott Small Debts Court.
AT WESTMINSTER.

[For second reading.]
Wednesday Apr.15 Motions
Thursday 16 Petitions in General Paper.

House of Commans.
Pleas, Demurrers, Causes,

To amend the Law of Copyright.
Wednesday .. 22 Further Directions, and

[In Committee.] Mr. Serjt. Talfourd. Exceptions. Thursday

Small Debt Court for Newton Abbott [Passed.] 23 Motions. Friday 24

To improve the High Court of Admiralty. Saturday 25 . Pleas, Demurrers, Causes,

[For second reading.]

The other Bills remain as previously Monday 27 Further directions, and Tuesday 28 Exceptions. Wednesday 29

AMENDMENTS IN PRINTED PAPERS BILL. Thursday 30 Motions.

The amendments proposed by Lord Denman Friday May

are, that the defendant is to bring before the Saturday

2 Pleas, Demurrers, Causes, Court or a Judge an affidavit of the parliaMonday

4 Further Directions, and inentary papers &c. duly authenticated, ibereTuesday

5
Exceptions.

upon the Court or Judge shall stay the proceedWednesday 6.

ings. No costs are to be allowed the plaintiff, Thursday 7 Motions.

but costs to the defendant in the discretion of Friday

8 ) Pleas, Deinurrers, Causes, the Court or Judge. The truth of the libel esSaturday 9 Further Directions, and tablished in a former action, for any extract or Monday 11 Exceptions.

abstract of such paper shall be a good defence. Tuesday 12 Petitions in General Paper. Wednesday .. 13 Motions.

THE EDITOR'S LETTER BOX. AT THE ROLLS.

Short Causes after Swear. Thursday

The grievance of an Articled Clerk; the Short causes, Consent causes, and Consent - A Subscriber's ” letter on the privileges of

suggestions on the Lord Chancellor's Bill; and petitious, every Tuesday at the sitting of the

attorneys shall be attended to. Court.

We liave this week printed all the Common

Law Lists of Causes, and our next namber will EXCHEQUER SITTINGS.

contain the Equity Lists. In Easter Term, 1840.

The case in which it was decided that a Banco. Equity. warrant of attorney should be set aside because Wednesday Apr. 15

Lord Abinger the attorney who attested the execution had

not renewed his certificate, shall be given nesi Thursday 16

paper Monday 27 Special paper

particulars. Tuesday

Lord Abinger “A constant reader" is informed that he Wednesday .. 29 Special paper

must keep twelve terms before he can be called Friday May 1

Lord Abinger to the Bar. We believe there is no difference Saturday 2 Crown Cases Lord Abinger in the requisite number of dinners at the sereMonday 4 Special paper

ral Inns.

stated.

14.}

Peremptory }Ld. Abinger week. We are obliged to a friend for the

28

..

The Legal Observer. .

SATURDAY, APRIL 18, 1840.

Quod magis ad nos
Pertinet, et nescire malum est, agitamus.

HORAT.

c

THE LAW RELATING TO LETTERS | vided according to a contract entered into

between the owners and the captain and OF MARQUE AND REPRISALS.

crew of the ship. But the owners, before

the commission is granted, are obliged to We shall here shortly state the law relating give security to the Admiralty to make to letters of marque and reprisal.

compensation for any violation of treaties Letters of marque and reprisal have been between those powers with whom the nagrantable by the law of nations when- tion is at peace, and they must give security ever the subjects of one state are op

that the ship shall not be employed in pressed and injured by those of another, smuggling.” and justice is denied by that state to which

An act is now usually passed on each the oppressor belongs. The power of occasion, reciting either that war has comissuing these letters of marque belongs to menced, or that an order in council has the Crown as a branch of its prerogative, been issued ordering general reprisals, and but the mode in which they shall be issued by this act, the shares in the prizes, and is regulated by statute.

the Court for adjudicating them, are particuThe first statute relating to the subject larly regulated. But these statutes do not is the 4 Hen. 5, c. 7, which enacts that in affect the royal prerogative in the slightest case of breach of truce by enemies, letters degree.d of marque shall be granted to the parties

Letters of marque and reprisal granted grieved, who may complain to the Keeper by the Crown are liberally construed, but of the Privy Seal, who shall make for the may be vacated in three ways; lst. by excomplainant (if he so require) letters of press revocation, but this is only allowable request of restitution under his seal in due in the case of letters patent granted during form ; and if restitution be not made

war ; when granted in time of peace and dingly within a reasonable time, the Lord unsatisfied, it is otherwise ; though 2dly, Chancellor of England shall cause to be even in such case, the cessation of hostilities made out to him letters of marque in due will defeat the rights granted; 3dly, these form, "and by virtue of these (says Black- letters may be vacated by the misconduct stone) he may attack and seize the property of the grantees, as by cruelty, &c. of the aggressive nation without hazard of

The reprisals granted by the law of Ergbeing condemned as a robber or pirate.” land, according to a learned writer, are of • But the modern practice is to empower

two sorts, ordinary or extraordinary. The the Lord High Admiral, or the Commis- ordinary are within the realm or without, sioner of the Admiralty, to grant commis- and are always granted when any English sions to the owners of armed ships or

merchant, or his goods are spoiled or privateers, and the prizes captured are di- taken from him in parts beyond the sea

accor

a Grotius de jure, b. and p. l. 3, ch. 2, ss. 4 & 5; 1 Bla. Coin, 258.

b 1 Com. 259.

c 1 Blackstone by Stewart. p. 271.
d Chitty on Prerog. 42.
" Molloy, Book 1. Chap. 2.

2 K

VOL XIX.NO. 585.

482

The Law relating to Letters of Marque and Reprisals.

by merchant strangers : and if he cannot, tion; and that the property obtained is upon suit, or the king's demanding justice for held by them for the benefit of the persons him, obtain the same, he shall have, upon injured. And then, if this is not sufficient, testimony of such prosecution, a writ out of by a further order in Council, general rethe Chancery to arrest the merchants of that prisals will be granted, “so that as well nation, or their goods here in England, the his Majesty's feet and ships, as also all which is grantable to the subject oppressed of other ships and vessels that should be comcommon right by the Chancellor or Keeper, missioned by letters of marque or gereral of England, who always in such case hath reprisals, or otherwise, by his Majesty's the approbation of the King or Council, or Commissioners for executing the office of both, for his so doing; the other, which is for Lord High Admiral of Great Britain, shall satisfaction out of the realm, is always under and may seize all ships, &c.”” and under the Great Seal. The extraordinary re- this latter order, privateers will be comprisals are by letters of marque for reparation missioned. at sea, or any place out of the realm, grant- The power which is granted by the letters able by the Secretaries of State, with the of marque and reprisal, should be restrained like approbation of the King or Council, or in its operation to the subjects of the ofboth; but they are only during the King's fending state; a clause, therefore, in a char. pleasure, and to weaken the enemy during ter, giving power to seize the goods of the time of war, and may at any time be every person, is illegal and void. But revoked.

where a vessel was cruising under letters The ordinary practice at present, as we of marque against one state-as, for inconceive is, first, by order in Council to stance, against France - Lord Stowell held, grant general reprisals, by which the King's that she was at liberty, on obtaining notice ships proceed alone against the ships, of hostilities commenced against another goods, and subjects of the aggressive na country, as Spain, to capture a Spanish

vessel with the same advantage to himself

as if the prize had been French.j & Of this nature is the order in council just issued, which is as follows:

ORDER IN COUNCIL.-At the Court at Advocate-General with the Advocate of the Buckingham Palace, the 3d day of April, 1840. Admiralty, are forthwith to prepare the drast Present, the Queen's most excellent Majesty of a commission, and present the same to her in Council.--Her Majesty having taken into Majesty at this board, authorizing the comconsideration the late injurious proceedings of wissioners for executing the office of Lord certain officers of the Emperor of China High Admiral to will and require the High towards oflicers and subjects of her Majesty ; Court of Admiralty of Great Britain, as also and her Majesty having given orders that the several Courts of Admiralty within her satisfaction and reparation for the same shall Majesty's dominions, to take cognizance of be demanded from the Chinese government; and judicially proceed upon all and all manner and it being expedient that, with a view to of captures, seizures, prizes, and reprizals of obtain such satisfaction and reparation, ships all ships, vessels, and goods, that are or shall and vessels and cargoes, belonging to the be taken; and to hear and determine the same Einperor of China and to his subjects, shall be according to the course of Admiralty, and the detained and held in custody; and, that if laws of nations, to adjudge and condemn all such reparation and satisfaction be refused by such ships, vessels, and goods, as shall belong the Chinese Government, the ships and vessels to China, or subjects of the Emperor of China, and cargoes so detained, and others to be or lo any others inhabiting within any of bis thereafter detained, shall be confiscated and countries, territories, or dominions : and that sold,—and that the proceeds thereof shall be such powers and clauses be inserted in the applied in such manner as her Majesty may said commission as have been usual and are be pleased to direct : her Majesty, therefore, is arcording to former precedents; they are, pleased, by and with the advice of her privy likewise to prepare and lay before her Majes. council, to order, and it is hereby ordered, iy at this board, a draft of such instructions that the commanders of her Majesty's ships of as may be proper to be sent to the Courts of war do detain and bring into port, all ships, Admiralty in her Majesty's foreign governvessels, and goods belonging to the emperor of ments and plantations for their guidance here. China, or his subjects, or other persons inhabi. io : and the said commissioners are to give ling within any of the countries, territories, the necessary directions herein accordingly. or dominions of China; and in the event of such reparation and satisfaction as aforesaid

C. C. GREVILLE. having been refused by the Chinese Govern- h See the preamble of 45 Geo. 3, c. 72. ment, to bring the same to judgment in any of i Nightingale v. Brydges, 1 Show. 137. the Courts of Adiniralty within her Majesty's · The Sacra Familia, 5 Rob. Ec. R. 360. dominions - and to that end, her Majesty's

483

Chancery Reform.-Appointment of Examiners.-- New Bills in Parliament.

CHANCERY REFORM.

work in his office, Mr. Lynch gave 1318

hours, or more than double; and that, alTHE MASTERS' RETURNS.

though the contrast is not so great in the CHANCERY REFORM is now, we think, pro- other offices, yet the attendance seems to ceeding in the right direction. We recently have been regulated entirely by the inclinalaid before our readers the returns of the tion of the individual Master. If it be Six Clerks,a and we have now before us said that the work is done elsewhere, we those of the Masters; and we must say, cannot allow this to be a valid defence, bethat they appear to us fully to bear out the cause extra time may have been given as assertion in our last number, that the well by those who work most as by those office, as now constituted, is much too in- who work least in their offices. The public dulgent to the weakness of human na- has a right, as we submit, to the services of ture—that the work is unequally divided, the Master in his office for a reasonable time; and that there is too wide an option given and we must say that we do not consider to the Master as to whether he will work even six hours a-day, with about three or not. This may easily be proved in a months vacation in the year, too hard work very few lines. The returns relate to the to require of all the Masters. years ending Michaelmas Term 1838 and There are several other points in this reMichaelmas Term 1839. In 1838 Master turn to which we shall hereafter refer; but, Dowdeswell attended 166 days, and in for the present, we shall leave the matter 1839, 193 days, and the average number of to the consideration of our readers. hours exceeded five, but did not amount to six. Master Farrer attended, in 1838, NEW ORDER FOR THE APPOINT191 days, and in 1839, 194 days, and was MENT OF EXAMINERS OF SOLIoccupied four and three-quarters of an hour. CITORS. Sir Giffin Wilson attended, in 1838, 183 days, and in 1839, 194 days, and was oc- Wednesday, the 15th April, 1840. cupied four hours and upwards. Lord I do HEREBY Order and appoint that Joseph Henley, in 1838, attended 181 days, and Bicknell, Richard Mills, George Gatty, and was occupied four hours minus 74 minutes; John Wainwright, Sworn Clerks in Chanand in 1839, 190 days, and was occupied cery, together with John Teesdale, Thomas three and three-quarters of an hour. Metcalfe, Thomas Adlington, Robert Rid

Mr. William. Brougham attended, in dell Bayley, William Loxham Farrer, George 1838, 218 days, and was occupied from Frere, James William Freshfield, Bryan five to six hours a-day, and in 1839, 228 Holme, William Lowe, Edward Rowland days, and was occupied the same time. Pickering, William Tooke, and Richard Mr. Lynch, in 1839, attended 211 days, White, Solicitors of the Court of Chancery, and was occupied six hours and a quarter | be Examiners, until the last day of Easter a-day.

Mr. Senior attended, in 1838, Term 1841, to examine every person (not 162 days, and was occupied rather more having been previously admitted an Attorthan four hours, and in 1839, 176 days, ney of the Courts of Queen's Bench, Comand was occupied nearly three hours and mon Pleas, and Exchequer, or one of them) three-quarters.

who shall apply to be admitted a Solicitor Sir William Horne and Mr. Duckworth's of the said Court of Chancery, touching his returns, owing to their recent appointment, fitness and capacity to act as a Solicitor of we may pass over, simply stating that Sir the said Court : And I do hereby direct William Horne, since his appointment, has that the said Examiners shall conduct the attended from five to six hours, and Mr. examination of every such applicant as Duckworth six hours.

aforesaid, in the manner and to the extent It is thus quite clear that some of the pointed out by the Order of the 27th day Masters are occupied just double the number of July, 1836, and the Regulations apof hours that others are. Let us refer to proved by me in reference thereto, and in the year 1839, and we shall see that in that no other manner and to no further extent, year Lord Henley was occupied in his

LANGDALE, M. R. office about 633 hours, and that Mr. Wm. Brougham was occupied about 1254 hours,

NEW BILLS IN PARLIAMENT. or nearly double : that while Mr. Senior contented himself with about 660 hours'

This is a bill to explain and amend the act a See ante, p. 437.

to regulate parochial assessments. It recites

PAROCHIAL ASSESSMENTS,

are

484 New Bills in Parliament.- Attorneys Witnessing Cognovits.- Re-admissions. the 7 W. 4, c. 96, “An Act to regulate paro on his behalf. Before this was done, the queschial assesments.” The proposed enactinents tion was put to him in the presence of the de.

fendant, * whether he was an attorney of one 1. That the justices acting in and for every of the Superior Courts?” He replied, “that borough, cinque port, town corporate, liberty he had been a practising attorney for upwards and franchise, shall four times at least in every of forty years, and was then duly qualified.”. year, hold special sessions for the purpose of The defendant made two payments on the hearing and determining any appeals against cognovit, after which he took out the present the poor rates of any parish within the said summons to shew cause why the cognovit borough, cinque port, town corporate, liberty should not be set aside on the ground that his or franchise, and for such purposes shall have own attorney (the subscribing witnes) had not the same powers as are given in the said taken out his certificate for the year 1839, of recited act to the justices acting in and for which circumstance le (the defendant) was not every petty sessions division, subject to the aware when he required him to attesi bis sigsame right of appeal from their decision to nature. the general or quarter session of the peace for On enquiring, it was found, that this attorsuch borough, town corporate, or other place, ney took out his certificate in February, 1838, as is reserved in and by the said act.

which expired on the 15th of November in the 2. That the same remedy by appeal to jus- same year, and that he had not renewed it tices at special sessions which is given by the since. said first recited act, or by this art, to persons On the hearing of the summons at Cham. who may consider themselves aggrieved by bers, it was contended on the part of the plain. any rate made and levied for the relief of the titf that the cognovit having been executed poor of any parish, shall be extended to and within the twelve months allowed for the reconstrued to apply to every rate which shall be newal of the attorney's certificate, the attesta. inade for the repair of the highways of any lion was sufficient; also that the defendant parish or place, under the provisions of 6 W: ought not to be allowed to take advantage of 4, intituled, "An Act to consolidate and amend his own wrong doing, as it was he himself who the laws relating to highways in that part of hell out this attorney as being properly qualiGreat Britain called England,” or any other tied, and the plaintit could have no means of act which has been or shall be hereafter passed ascertaining whether he had taken out his cer. for the general regulation of the bighways.

tificate or not. 3. Rate not to be allowed out of sessions, The Chief Justice, certainly with much renor altered after allowance, except on appeal. luctance, held that the cognovit was not duly Penalty on overseers, &c. for neglect in making executed, and made the order to set it aside and setting forth the rate.

on the authority of Verge v. Dodd, E. II Geo. 4. Justices at quarter sessions may appoint 4, K. B., referred to in Tidd's Supplement to inspectors of rates. Inspector authorized to the 9th edition of his Practice. appeal on behalf of the county against the After this decision it will not be prudent to parochial rates.

receive a cognovit as execnted, unless the name 5. Inspectors' expences to be paid out of of the subscribing witness is found in the Law county rate.

List last published, and even then a period will 6. That the poor law commissioners shall intervene from the 15th of November until the be and they are hereby empowered to issue republication in March, against which I don't orders for surveys and valuations of parishes know how the plaintiff's attorney is to secure upon snch representations as are required by bimself, unless indeed he requires the producthe said first recited act from time to time as tion of the certificate itself.

C. often as they shall deern requisite, and to amend, alter, suspend or rescind any order for the inaking of any survey and valuation RE-ADMISSION OF ATTORNEYS. which they may have issued or may hereafter

[Last day of Easter Term, 1810.) issue.

7. Interpretation clause.
8. Act to apply only to England and Wales. Bretherton, James, Gloucester.

Bossey, John Meggit, flowden, York.

Battiscombe, William Henry, Bristol.
ATTORNEYS

Barton, George, Rugby.
WITNESSING COGNOVITS.

Crampton, John Norman, Rochester.

Hayward, Phillip, 14, Buckinghain Street To the Editor of the Legal Observer. Strand. Sir,

Knight, James, Burton-upon-Trent. The followiug decision, given a few days ago Lainb, William Ellis, Witney and Bdampton, by the Chief Justice of the Common Pleas, may Oxon. be of some practical service to my professional Leighton, Thomas, 33, Upper King Street, brethren.

Bloomsbury, In September of last year, the defendant be. May, Phillip, 15, Elizabeth Street, Eaton Sq. ing about to exccute a cognovit, procured an Thomas, George, Swansea. attorney (whom I have known in practice for Wright, Thomas Skeeles, 6, Bucklersbury, ycars) to altest the execution of the instrument

and 9, L'nion Street, Blackfriar's Road.

« EelmineJätka »