70 Changes in the Law.-Pre-payment of the Penny Postage. PRE-PAYMENT OF THE PENNY POSTAGE. THERE is an important difference to be observed in regard to the pre-payment of postage between General Post letters and letters within the London District. The four-penny postage for General Post letters with effect their application before the judicial committee of the privy council; and it is expedient therefore that the said judicial committee should have power, when under the circumstances of the case they shall see fit, to entertain such application, and to report thereon, according to the provisions of the said recited act, notwithstanding that before the hearing of the case before them the terms of the letters patent sought to be renewed or ex-if not pre-paid, is not increased on delivery; tended may have expired: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that so much of the said recited act as provides that no extension of the term of letters patent shall be granted as therein mentioned if the application by petition for such extension be not prosecuted with effect before the expiration of the term originally granted in such letters patent, shall be and the same is hereby repealed. but in the London district, if the penny postage be not pre-paid, the old postage of two-pence within, and three-pence beyond three miles, must be paid on delivery. The weight of a General Post letter or packet may extend to sixteen ounces, half-ounce; but the letters in the London chargeable at the rate of four-pence each district must not exceed four ounces, unless intended for the General Post. To prevent mistake the following particulars are extracted from the London Gazette of the 22nd inst: Inland Letters. between the said islands,a or between the United Kingdom and the said islands, (not being letters sent to or from parts beyond the seas) there shall be charged and taken one uniform rate of postage of four-pence, without reference to the number of sheets or pieces of paper, or inclosures, of which the same may be comprised, or to the distance or number of miles the same shall be conveyed, On all such letters, if exceeding half an ounce in weight, there shall be charged and taken progressive and additional rates of postage, (each additional rate being estimated at four pence) according to the scale of weight, and number of rates hereinbefore fixed and declared: [that is, four-pence for each half ounce.] 2. Term of patent right may be extended in certain cases, though the application for such extension not prosecuted with effect before the expiration thereof. And be it further enacted that it shall be lawful for the judicial commit- On all letters not by law specially exempted tee of the privy council, in all cases where it from postage, and not exceeding half an ounce shall appear to them that any application for in weight, transmitted by the General Post bean extension of the term granted by any let-tween places within the United Kingdom or ters patent, the petition for which extension shall have been referred to them for their consideration, has not been prosecuted with effect before the expiration of the said term from any other causes than the neglect or default of the petitioner, to entertain such application, and to report thereon as by the said recited act provided, notwithstanding the term originally granted in such letters patent may have expired before the hearing of such application; and it shall be lawful for her Majesty, if she shall think fit, on the report of the said judicial committee recommending an extension of the term of such letters patent to grant such extension, or to grant new letters patent for the invention or inventions specified in such original letters patent, for a terin not exceeding seven years after the expiration of the term mentioned in the said original letters patent: provided always, that no such extension or new letters patent shall be granted if a petition for the same shall not have been presented as by the said recited act directed before the expiration of the term sought to be extended, nor in case of petitions presented after the thirtieth day of November one thousand eight hundred and thirty nine, unless such petition shall be presented six calendar months at the least before the expiration of such term, nor in any case unless sufficient reason shall be shown to the satisfaction of the said judicial committee for the omission to prosecute with effect the said application by petition before the expiration of the said term. 3. Act may be amended this session. And be further enacted, that this act may be altered, amended, or repealed by any act to be passed in the present session. London District. That on all letters not exceeding half an ounce in weight, and not being by law specially exempted from the two-penny and penny post rates, transmitted by any two-penny or penny post in London or Dublin, (and not having passed through, or being intended to pass after the said fifth day of December next, be through the General Post) there shall, on and charged and taken a rate of one penny only, provided such postage be pre-paid at the time of But in case any letter, not posting the same. being by law specially exempted as aforesaid, a Jersey, Guernsey, Alderney, Sark and Man. Chancery Commissioners under Age.-Mode of examining Articled Clerks. That no letter shall be sent by any such twojenny or penny post exceeding four ounces in weight, unless the same shall have originally passed, or shall be intended to pass, through the General Post; and in such last mentioned case, not exceeding the weight of sixteen ounces, unless specially authorised by this warrant as aforesaid. 71 and discussions upon the examination and mode of conducting it, that have appeared in your columns from your numerous subscribers and correspondents, I was somewhat amused at the communication that appears in your number for 23d Nov., from "An old Subscriber," in which, after a dolorous preface, to the effect that the questions cannot be expected to be answered by articled clerks, but would confound experienced practitioners themselves, with the aid of books for reference, the fol CHANCERY COMMISSIONERS UNDER lowing abstruse question is given, exempli AGE. gratia, "Whether an infant can execute a cognovit." By way of satisfactorily answering the question, I would remind him, that it is a broad principle of our law that in general an infant can do no legal act, nor make a deed, nor any manner of contract that will bind him. I say in general, for there are exceptions to the rule, (as where acts of parliament enable him, &c.) and he will find it laid down in Bacon's Abridgment,-although he says that he can find no answer by referring to Bacon,-that We are informed that a practice prevails to some extent, which is evidently objectionable, that of appointing articled clerks, who are under age, as commissioners for taking answers in the Court of Chancery. In that Court, it will be recollected, that the mode of administering an oath is deemed of considerable importance. One of the Masters personally attends daily at the public office, and the deponent is brought before him and takes the infants are regularly allowed to rescind and oath in his presence. In the Common Law break through all contracts in pais made durCourts the oath is administered by the Judge's ing minority, except only for schooling and Clerk in an adjoining room, and we hear that necessaries, be they never so much to their it is in contemplation to suggest to the Judges advantage," and to come quite to the point, that one of the fifteen Common Law Masters if he look into Chitty's Archbold, he will find should attend, after the manner in Chancery, with respect to warrants of attorney, as well during the usual hours of business. This as cognovits, that "if a warrant of attorney would be very convenient to the practitioners, be given by an infant, the Court will order it and relieve the Judges' chambers of a consid-to be delivered up to be cancelled, even alerable part of the crowd gathered there during though there may be circumstances of fraud the few hours of the Judge's attendance. Sec- on the part of the infant, on his clearly shewing the solemnity with which oaths are admin-ing that he was under age when he gave the istered in London by one of the Masters of the warrant." Court of Chancery, it is manifestly improper that young gentlemen under age, (however respectable and intelligent), should be deputed to act as commissioners in the country. With respect to the observations of your "Old Subscriber," I certainly agree with him that there are many old practitioners who would be sadly puzzled at an examination; The practice having been brought to the no- but that is no reason, I think, why the "rising tice of the committee of the Incorporated Law generation" of attorneys should not be made Society, they submitted the subject to the Mas- to acquire some sound knowledge of legal ter of the Rolls, and his Lordship has directed principles, and (to use your own words) “prothat any case in which the abuse occurs beceed to the performance of their important brought regularly before the Court. The solicitors who send in the names to the six clerks office, should be careful to ascertain that the commissioners they name are of full age. It appears that the clerks in Court rely entirely on the solicitors for the fitness of the parties proposed; and we have deemed it expedient to notice the subject, in order that solicitors may avoid the delay and expence of having their proceedings set aside. It may be kindly intended by a solicitor to name his articled clerk for this duty, but it is clear that until of age he cannot properly perform it. and responsible duties with a large stock of useful knowledge," and so remove a stigma which has been partially thrown upon our profession, that many of its members are anything but lawyers. I have not myself met with any one who thinks that the ordeal is at all too " fiery;" and I am sure you will agree with me when I assert that a moderate application, during the five years which an articled clerk passes in his master's office, will enable him to go through it with credit. Sir, A. E. F. Observing in your number of last week a MODE OF EXAMINING ARTICLED letter from " An old Subscriber," I cannot CLERKS. To the Editor of the Legal Observer. but regret that any one, particularly a profes sional man, should remark unfairness in the questions at the examination of attorneys: it is not by adducing one or two instances that such a remark is to be borne out. Let the questions from the commencement of the examinations to the present time, or those of any particular term be perused, and I am convinced | but required the said Court to admit him to the that there will be indeed few to advocate more said office, which the said Court then and lenity; while the greater proportion will see there, and within the space of one month from the necessity of additional strictness. The the election of the said David Salomons to the Examiners have but a troublesome and thank- said office of alderman, positively refused to less office in discharging the duties imposed do; and the said Court then and there deon them; it therefore little behoves their pro-clared the election of the said David Salomons fessional brethren to indulge in remarks, and to the said office to be null and void." "make mountains," when there can be no occasion, particularly when the extreme courtesy of the examiners (which every one who has been before them must testify), is remem. bered. JUSTITIA. SALOMONS' CASE, Upon this state of the pleadings the Court is bound to assume that he omitted to make and subscribe the declaration at the time when the Court required him to do so, because the allegation in the plea that he did so omit and neglect is not traversed, and it is expressly alleged in the replication that he would not say whether he would do so or not after he should be admitted; and the question therefore becomes this, whether, by reason of such omission and neglect, Mr. Salomons's election became void; and that question depends upon The following is the judgment of Lord Chief the construction which must be put upon the Justice Tindal. In this case the Court of Queen's Bench gave judgment in favour of the Crown upon a quo warranto information filed against the defendant for exercising the office of alderman of the ward of Aldgate, in the City of London. The pleadings raise the question on demurrer, whether, at the time of issuing the precept by virtue of which the defendant below was elected alderman, the office was void, by reason of Mr. Salomons, who had been elected alderman of that ward, upon a vacancy by death, having neglected to comply with the provisions of the 9 G. 4, c. 17, s. 2. act of parliament, as to the time at which the declaration required by the statute must be subscribed and made. The 9 G. 4, c. 17, after referring in the first section to the acts usually called the corporation and test acts, and reciting the expediency of repealing so much of them as imposes the necessity of taking the sacrament of the Lord's Supper according to the rites or usages of the Church of England, proceeds to repeal such parts of the said acts. The second section, after reciting that the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, and government thereof, and the Protestant Presbyterian Church of Scotland, and the doctrine, disMr. Salomons had not made and subscribed cipline, and government thereof, are by the the declaration required by that act, before he laws of this realm severally established permatendered himself to the Court of Mayor and nently and irrevocably, and that it was just and Aldermen for admission into the office of al-fitting, on the repeal of such parts of the said derman; and upon his so tendering himself, as it is averred in the plea. "the said David Salomons was then and there requested by the said Court of Mayor and Alderinen to make and subscribe in their presence the said declaration in the said act mentioned, but the said David Salomons did not nor would, at the said Court of Mayor and Aldermen so holden as last aforesaid, nor at any time within one calendar month next before or upon his admission into the said office of alderman, nor at any other time whatsoever, make and subscribe the said declaration, but wholly omitted and neg. lected so to do." The replication does not traverse this omission and neglect, but states the special circumstances, viz., that within the space of one month next after the day of his election he presented himself to the Court of Mayor and Aldermen, and demanded and made claim to be admitted, and that the Court demanded of him whether he had signed the declaration required by the said act, within the space of one month next before his then application for admission, to which he answered that he had not; whereupon the Court demanded of him whether he would make and subscribe the said declaration; whereupon the said David Salomons declined to say whether he would or not, acts as impose the necessity of taking the sacrament as a qualification for office, a declaration, which is afterwards set forth, should be substituted in lieu thereof, proceeds to enact, that every person who shall hereafter be placed, elected, or chosen in or to the office of inayor, alderman, &c., or in or to any office of magistracy, or place, trust, or employment relating to the government of any city &c., within England or Wales or the town of Berwick upon Tweed, shall within one calendar month next before or upon his admission into any of the aforesaid offices or trusts, make and subscribe the declaration therein set forth. The third section specifies in the presence of what persons the said declaration shall be made and subscribed; and the fourth enacts that "if any person, placed, elected, or chosen into any of the aforesaid offices or places, shall omit or neglect to make and subscribe the said declaration in manner above mentioned, such placing, election, or choice shall be void, and that it shall not be lawful for such person to do any act in the execution of the office or place into which he shall be so chosen, elected, or placed." It is clear from these recitals and provisions that the legislature meant to open as well corporate offices as places in the gift and appointment of the Crown to every person Salomons' Case. rofessing the Christian faith, instead of con- | ning them, as before had been the case, to hose only who were willing to take the sacramental test; but it is equally clear, that it intended that no one should exercise such an office unless he made and subscribed at the proper time the declaration which is substituted instead of such sacramental test; and the only difficulty which is raised upon this record is, whether the proper time had arrived for holding the election of Mr. Salomons to be void, when he was required by the Court of Mayor and Aldermen to make and subscribe the declaration prescribed by the act, and when he omitted and neglected so to do. 73 essential requisite to the being permitted to And we are all of opinion that, upon the proper construction of the act, such time had then arrived, and that the non-compliance of Mr. Salomons with such requisition of the court, made his election to the office of alder-only doubt, in this case has arisen in our minds man, ipso facto void. Upon two points which have been made in the course of the argument on the part of the Crown, we have entertained no doubt. We think it clear that the statute did not intend, by the second section to give the period of one entire month to the person elected, within which he might decide whether he would make the declaration or not; and that the objection that one month had not elapsed, in this case, between the election of Mr. Salomons and the application to be admitted, is entirely without foundation. The statute never could anticipate that any one would offer himself as a candidate for the office who had not already made up his mind to subscribe the declaration imposed by law. The whole object of that part of the provision contained in the second section is, that if, at the time of being admitted, the person elected has made the declaration so recently as within one month next before (but not at an anterior period), such making of the declaration shall be sufficient, and he cannot be called upon to make it again. Neither have we any doubt upon another point which was raised in the course of the argument, namely, that the legislature did not intend to give to the person elected a reasonable time after admission for the purpose of making the declaration, for these are not the words of the act; nor could the legislature have ever contemplated that the propriety of making or not making the declaration was a subject requiring any time for consideration. The words of the act, upon his admission," do not, as it appears to us, mean after the admission has taken place, but upon the occasion of, or at the time of his admission. Those words shew the intention of the legislature to have been that a space of time commencing at one calendar month before, and terminating with the act of admission, should be the limit or period within which the declaration should be made; so that, if not made at an earlier time, the latest opportunity of making it would be the same time and place at which the oath of office was administered, and before the same persons. In effect, the making of the declaration does, by virtue of those words, form a part of the act of admission, and is an It seems, however, to us, that the more reasonable construction of the act, and that which will best effectuate the intentions of the legislature, is, that if the person elected (not having qualified within the preceding month by making the declaration) be not ready, and, much more, if he decline to say whether he will or not make and subscribe the declaration, as well as take the corporate oaths at the time and place where his admission ought to take place, according to the charter, bye-law, or usage of the corporation, no complete or valid admission can take place at all; his admission could be at most but an idle form, since he cannot be permitted, under section 4th, "to do any act in the execution of his office," and that his election thereby becomes void. The declaration comes in lieu of the sacramental test, which, in the case of corporate ofices, must have been taken not only before the admission, but even the election of the party: it is a test of the required qualifi cation for the office, both as indicating the religious faith of the party, and furnishing a security, by his solemn promise, against any injury to the Protestant Church and its establishment. And as the precise order in which each part of the act of admission is to take place is not defined by the statute, it is reasonable to hold, where there is any doubt as to which should precede the other, that the Court of Mayor and Alderman, being the proper Court to give the admission, inay prescribe the order in which the respective parts of the admission shall be arranged; that they may first ascertain the qualification befere they administer the oath of office, instead of adopting 74 Selections from Correspondence.-Superior Courts: Viec Chancellor. SELECTIONS FROM CORRESPONDENCE. INTEREST OF MARRIED WOMEN. To the Editor of the Legal Observer. the course which might be useless, and which, Sir, The question of acknowledgment has really Upon the whole, therefore, we hold the meaning of the statute to be, that it makes void the election if the person elected (not having previously qualified within a calendar month), should omit or neglect to qualify himself by making the declaration at the time and occasion when he ought to be admitted; and that the useless form of a corporate admission is not necessary before the party can be called on to qualify according to the statute, and before the election can be declared void. We therefore think that the judgment of the Court of Queen's Bench ought to be reversed. The Queen v. Humphery, Esq., T. T. 1839. MORTGAGE STAMPS. Mr. Editor, Σ have been decided, that a deed operating as a Is that a correct decision? I submit not, was not necessary. A COUNTRY BARRISTER. SUPERIOR COURTS. Vice Chancellor's Court. CUSTODY OF INFANTS ACT. Mr. Knight Bruce renewed his application for an order to substitute service of the petition on Mr. T.'s solicitor, or at his place of business in London. The application had been suspended on the former day, the wife's friends having then entertained hopes that another attempt to communicate with Mr. T. by letter would prove successful. That attempt was made, and a letter was written to him on the |
