Review: Davis's Laws for the Protection of Women.—Transcripts of Chan. Accounts. 475 both of the laws themselves as of the state of from all these causes and motives combined, existing facts they were intended or calculated the power of the King's Court was gradually to meet, that we can predicate little respecting restrained by the Judges themselves, until the them with any satisfactory degree of certainty. notion that a parent had any legal interest in We have, however, undoubted evidence of ef- the chastity of his child, or that the public was forts made to restrain and suppress those par- interested in preventing persons, from motives ticular vices and evils which now call for legis- of lucre, procuring women to prostitute themlative interference in this country. In the selves, was exploded. There was legislation, it states of Greece and the empire of Rome, we is true; but it was against personal violence or see that legislation was directed against public for the protection of property, the loss of which and private prostitution, but apparently of an sometimes involved the abduction of a daughimperfect kind, the necessary result of its foun- ter. To protect the property, therefore, it was dation on mere principles of political economy, necessary to check the abduction of the woman and the absence of the higher motives of Chris- as one of the incidents in the offence. Protianity. In Athens and in Sparta, the raising visions made for the repression of violence are of men for the purposes of the State was the not calculated to meet the progress of vice, foundation of the legislation of Solon and which changes its character and aspect. The Lycurgus with reference to the intercourse of forcible ravisher of one age is represented in a man and woman. The principle was adhered subsequent period by the fraudulent seducer; to in Rome. A marked change occurs, how- and as the highwayman has given place to the ever, in passing from Greece to Italy; for we sharper and pickpocket, so the aider and see in the legislation under the Cæsars (with abettor of a rape is changed into a procurer traces of it at even an earlier period) vigorous and panderer to vice. endeavours made to preserve female chastity "In the meantime, from the corrupt praefor its own sake, by punishing attempts of tices of the Church before the Reformation, every kind directed against it, whether by force and from various causes since, the power of or by fraud, of a private or public kind the Ecclesiastical Courts has become of no Through it all, that extraordinary parental practical utility in correcting morals, and enpower is visible, unparalleled in the history of forcing the jurisdiction assigned to them. We any other country, which, treating the daughter thus see that this transfer of authority, alas the property of her father, made not only though at the time perhaps calculated to effect any attempt on her virtue an invasion of his the object in view, is one cause why we are at right, but, where she yielded, operated also as this time so deficient in our laws and powers a forfeiture of her life. The corruption of for the protection of women. The laws have, , morals proceeded notwithstanding, and could in fact, receded, while vice has advanced. not be stayed even by the efforts of Justinian. "The time has arrived when something must Among the Greek nations, on the other be done in good faith and in earnest. Even the hand, we find families-households, not cities, exponents of the Common Law, when not acallied by domestic ties, and apparently esteem-tually tied down and confined by express deing chastity for the hapiness it caused, enforc- cisions, have felt the spirit of extension and ing it by peculiar laws, and by the penalty of the growing wants of the age; but still the thewehrgeld.' From the peculiar character powers of that law are either undefined, or, of these nations, and the absence of large where defined, they generally illustrate the netowns, we are without traces of laws against cessity for the interference of the legislature.” public prostitution or the traffic in seduction. Their customs and their manners having been 66 transferred with the Saxons to England, and TRANSCRIPTS OF CHANCERY AC COUNTS. HARDSHIP ON LAW WRITERS. in items of account. taken firm hold, were now strengthened by the effects of Christianity, and the laws of the kings and the 'witan' in favour of morality and chastity were enforced and illustrated by a belief in the Divine injunctions of Holy Writ. IT is scarcely necessary to observe, that "After the Norman conquest, and the esta- nothing can be more important in the tranblishment of Ecclesiastical Courts, the cogniz- script of legal proceedings and documents, ance of all offences against chastity, as well than entire accuracy those that were previously public offences, as matters over which the Church had ever held Much more time is consumed from the jurisdiction, was transferred from the King's to necessity of verifying each figure than in the Bishops' Courts, with the exception of those transcribing and examining other papers charges involving personal violence. The where the context supplies a test of correctJudges and expounders of law in the King's ness. At present, however, no allowance Court, appear to have gradually lost sight of is made to the solicitor for the time octhe distinction between the mere transfer of authority and the existence of the laws and of cupied and responsibility incurred in the examination of such accounts, although the fences. Either from the fear of trespassing on ecclesiastical authority, or from a laxity of high labour of two persons, and great care and principle, and a low estimate of woman's po- attention are particularly called for. sition, or from mere negligence, or perhaps By the operation of the Order made by 476 Transcripts of Chancery Accounts-Hardship on the Law Writers. We are glad to make the following extracts from an able leading article in The Morning Advertiser of the 13th inst. Lord St. Leonards, on the 10th November, "4. That a memorial to the Right Honour1852, for regulating the charges for copying able the Lord High Chancellor of Great Britain proceedings in Chancery, the law writers be engrossed on vellum, embodying the forehave also been subjected to great injustice, going resolutions, and praying for a revision or modification of the matters referred to, and the present scale of charges being totally that the same be signed by the chairman on unremunerative to those employed in copy behalf of the present meeting and forwarded to ing. his lordship." The great delay and inconvenience which 'the Profession generally have experienced in getting their business done by law stationers, is attributable wholly to their inability to command at all times sufficiently "It is often said that one-half the world experienced copyists to perform those duties knows not how the other half lives; and we which have hitherto been satisfactorily dis- may add that if it could see how slender are charged by them, in consequence of the in- its means of existence, it would wonder that it adequate remuneration for their services, could live at all. Of late years we know more although the law stationers have made some of the domestic economy of our poorer fellowadvance on the prices, but which is still in-countrymen; but, laudable as has been the intention and the zeal with which we have insufficient. In order to submit the case to the con- tion has concerned rather the poorest than the quired into this interesting topic, our examinasideration of the trade, and the adoption of There is a class above pauother means for the amendment of the perism but below competence, which is, we Order of Lord St. Leonards, a meeting was doubt not, equally entitled to our sympathy, held on the 13th instant, at the London but with regard to whom we labour under Mechanics Institution, where Mr. John this difficulty, namely, that they are poor Robert Taylor was requested to preside, and the following resolutions were passed: "1. That the effect of the Order of the 10th November, 1852, made by Lord St. Leonards, as to the counting of folios in Chancery, has been to reduce the writers' remuneration for copying receivership accounts, schedules to answers, bills of costs, and similar Chancery ́proceedings, by more than one-half; and, as experienced copyists are necessarily required for such description of business, the prices consequently obtained are, in the opinion of this meeting totally inadequate to the time, labour, and care which must be bestowed upon that class of documents. "2. That, in the opinion of this meeting, Lord St. Leonards, in making the Order referred to, could not have foreseen the possible denial to a numerous body of workmen of a fair return for labour-which in fact has been its result; and therefore it is earnestly hoped that the Lord Chancellor may be pleased so to alter or modify the Order made by his predecessor as to remedy the grievance of which this meeting respectfully complains. "3. That much trouble and inconvenience is, and always has been, experienced in consequence of Chancery and Common Law proceedings being differently counted. And inasmuch as Chancery proceedings were directed to be counted at 90 words to the folio owing to the voluminous nature of those proceedings (which proceedings are now greatly simplified and shortened); and also, inasmuch as 72 words to the folio is the rate recognised by the Stamp Acts, this meeting deems it expedient that a uniform system of counting should be adopted, taking the Common Law folio of 72 words as the standard. poor. enough to need help, though not poor enough things we turn to little things. On the 10th "We are quite sure that it was never the wish of the public, when they were agitating for a reform of Chancery proceeding, that any body of men should be directly injured by it. Of course, it was understood that lawyers and counsel would, to some extent, suffer, and no one could be expected to feel any pity for them, any regret that their incomes should be reduced say, from a thousand Transcripts of Chancery Acccounts.-Notes on Recent Statutes. NOTES ON RECENT STATUTES. 477 EQUITY JURISDICTION IMPROVEMENT ACT. PRACTICE UNDER S. 39 FOR DEFENDANT'S pœna ad. test. calling on the defendant to appear personally at the hearing in order to be examined viva voce touching the matters in question between the parties. a year to 750l. The public was the gainer, or, in other words, it recovered what had been unjustly, because unnecessarily taken from it. But while the law writers have suffered by the printing of bills and answers, as much in proportion as the lawyers have suffered by the diminution of fees, they are subjected to a still further loss by Lord St. Leonards' Order, a THE plaintiff in a cause, in which publicaloss which is tantamount to ruin. It seems, on the face of it, only just that every figure should tion had passed and which had been set down count as a word, for the facility of writing for hearing, moved for leave to issue a subfigures, which is in one respect an advantage, is a disadvantage in another, because mistakes are more likely to occur, and then greater care is requisite. Now, it must be observed, that since printing has been employed for the multiplication of bills which were formerly en- The Vice-Chancellor Stuart said,-"This is a grossed, the chief business of the law writer perfectly novel application, but is said-1st, to consists in copying receivership accounts, be rendered necessary by reason of the recent schedules to answers, and costs. Before he commences the task of copying he must ar- changes in the practice of this Court; and range his columns and rule his paper; and as 2ndly, to be warranted by specia! circumthere are scarcely two receivership accounts The application for leave alike, he can derive no manner of assistance from the ruling machine. He must, therefore, to issue a subpoena is made under the 39th perform the operation with his own hand. He section; but the word subpoena does not once then copies the figures; a far more tedious pro- occur in the 39th section, neither do the process than that of writing a folio of straight-visions of the Statute seem at all to point to forward words; and requiring far more atten stances. tion and caution, in addition to which much anything in the nature of a subpœna; but, on time is necessarily consumed in dotting up, the contrary, contemplate some order to be circumflexing, and ruling, while the Order of made by the Court on the hearing of the cause 1852 also requires the folios to be counted and for the examination of a witness or a party. marked in red ink, a process well understood It is plain, therefore, that, if an order for leave to require much revision and attention. "It has been suggested by the Incorporated to issue a subpoena is a thing otherwise unpre Law Society, that the folios should be uniformly cedented in practice, the Court has no autho72 words instead of 90; that the anomaly of a rity given to it to make such an order under deed being counted, for stamping purposes, at the 39th section. 72 words, and in a cause at 90 should, cease; and that each figure should count as a word. And if it is true, as alleged, that since the alteration a writer may labour all night without earning more than 18. 4d., we must say that this is reform in a very wrong direction, that it is a gross injustice, and ought to be remedied Few kinds of labour are more toilsome than that of the pen when wielded in the execution of such a task. In its sedentary character it resembles the toil of the needle, and indeed in other respects has a marked affinity to that instrument of slavery. But the needle could be plied at all times; the pen in the law writer's hand has not that advantage. When the long vacation comes there is little doing, and he who is not fortunate enough to get his share of that little, must live as he canand our readers understand what that means. He must want or borrow-evils of nearly equal magnitude in such a case as his. Should such a state of things continue?—No. The labourer is worthy of his hire; and it is dishonest to withhold it." at once. "It is said, that by the 39th section, the Court has a discretionary power at the hearing of the cause to examine, if it see fit, a defendant or a witness; and that, as essential to the exercise of that power, there must be also the right to authorise the service of a subpoena, so as to avoid the expense and delay that would occur, should the Court, in order to have the benefit of such examination, be compelled to adjourn the hearing of the cause; and that it would be much more just and convenient, even to the defendant or witness himself, that some notice should be given him that his testimony will or may be required. "It is contended, on the other hand, that, on the true construction of the 39th section, the Court at the hearing can, and if it should think necessary will, order the defendant or witness to attend and be examined; and that such order will be much more stringent than an ordinary subpœna. In my judgment, this is the true construction of the 39th section. "Upon the question of convenience, it cer 478 Notes on Recent Statutes.-Law of Attorneys.-Law of Costs.-Law of Evidence. tainly does appear to be desirable that the de- mony may be required; and that the plaintiff OF PETITION BY TENANT FOR LIFE FOR PAYMENT OF INCOME ON FUND IN COURT. may feel assured that no delay will be occasioned in the hearing of the cause by the THE Master of the Rolls, upon the authority absence of a witness, whose testimony may be of In re Ross, 15 Jur. 241, held, that the costs deemed necessary by the Court; and, in the of a petition by a tenant for life of a fund paid course of the argument, I ventured to suggest into Court under the 10 & 11 Vict. c. 96, for whether this object might not be perfectly well payment to her of the income thereof, were attained by the service of a notice. But payable out of the corpus, and not, as contended though such is my opinion on the question of by the remainder-man, out of her share in the convenience, I must not, upon that ground, fund. In re Field's Trust, 16 Beav. 146. strain the construction of an Act of Parliament beyond the legitimate meaning of its language. OF ASSIGNEES OF BANKRUPT MORtgagor, * The motion, therefore, * * * For the previous cases on this subject, see Exparte Ware, 6 Dowl. P. C. 311; Exparte Daggett, 1 L. M. & P. 1; 9 C. B. 218; Exparte Benthall, 6 M. & G. 722; 1 D. & L. 747; 7 Scott, N. R. 407; Exparte Dearden, 5 Exch. R. 740; 1 L. M. & P. 666; 9 C. B. 221, n.; Exparte James, 1 L. M. & P. 6; 5 Exch. R. 310; 9 C. B. 220; Exparte Bryan Jones, ante, vol. 46, p. 160, DISCLAIMING BY ANSWER IN SUIT TO In a suit by a subsequent mortgagee to redeem a first mortgage, it appeared that the assignees of the mortgagor, who had become bankrupt and had no assets, by their answer stated they had no assets to pay their costs, and disclaimed all interest, and said they would have disclaimed before suit, if the plaintiff had made any application to them. It also appeared one of the assignees had been examined on behalf of the plaintiff, as a witness in the suit. On an application for their costs, the Master of the Rolls said, "the settled rule is, that if the assignees of a mortgagor do not disclaim prior to filing a bill, but only by their answer, no costs are given. Is the rule altered by the plaintiff's examining him as a witness? In the case cited [Rowland v. Witherden, 3 M'N. & G. 568], it was held, that no decree could be made against a defendant who had been examined; but the Lord Chancellor did not de cree that he was to have his costs. The bill must be dismissed as against the assignees, without costs. Ford v. White, 16 Beav. 120. LAW OF EVIDENCE. EXAMINATION OF WITNESS BY COMMISSION IN an action to recover the amount claimed on a statement of accounts and which the defendant had admitted in the presence of G. to be correct and promised to pay, it appeared that G. was about to proceed to Port Natal, and to reside there for 18 months. The plaintiff thereupon applied for a commission, although before declaration, intending to try at the ensuing assizes, and an order, pursuant to the 1 Wm. 4, c. 22, s. 4, for its issue was made, under which G. was examined. On a Law of Evidence.-Practice on Claims.-Queries on Attorney's Certificates. 479 equity of redemption has been always con- rule nisi to rescind this order, Lord Campbell, C. J., after referring to the above section, said, -"No limitation is there given, except that an action shall be depending: nor is there any rule of Court that a commission shall not be granted before issue joined. Mr. Willes relies upon past practice; and it is, undoubtedly, a safe rule that, unless extraordinary circumstances occur, practice should be adhered to. But the exigency of a particular case may require us to make an exception where justice would be defeated unless a commission were at INQUIRY AT HEARING AS TO PARTIES INonce issued. And the practice in Chancery, TERESTED UNDER MORTGAGOR'S WILL ON APPLICATION OF EQUITABLE MORTGAGEE. of allowing interrogatories before answer, affords an analogy. The object of the late Act was to obviate the necessity of going to the Court of Chancery for a commission, and for that purpose to give the same benefit as might, independently of the Act, he had there." And Patteson, J., added,-" Our decision is not to be taken as an authority for saying that as a matter of course a commission to examine witnesses may be granted before issue joined. The general rule remains unaltered: a case like this is an exception." The rule was therefore discharged. Finney v. Beesley, 17 Q. B. 86. PRACTICE ON CLAIMS. A claim by the equitable mortgagee of real estates prayed an account of the rents and profits received by a deceased trustee, and by his heir who disclaimed, and for the appointment of new trustees; and at the hearing he asked for an inquiry to ascertain the parties interested under the mortgagor's will. The Vice-Chancellor Stuart said,-"None of the cestuis que trust are parties to this claim. I am asked at the bar to direct expensive inquiries at the instance of a party who has only a redeemable interest, and may therefore be paid off, in which case there would be no one by whom the costs of those inquiries could be DECREE FOR IMMEDIATE SALE UNDER 15 borne. The claim may perhaps be amended & 16 VICT. c. 96, s. 48. FORECLOSURE. - PAYMENT. — by making some of the cestuis que trust parties. I cannot at present make the order which is asked." Wetherill v. Garbutt, 1 Smale & G. 124. QUERIES ON ATTORNEYS' CER TIFICATES. RENEWAL OF CERTIFICATE. I OBTAINED an order for the renewal of my certificate in August last, being then in treaty abandoned. I have never acted on the order, for a partnership, but which was afterwards Can I make it available for this year?—never having practised since the date of the order. THIS was a claim by a mortgagee against the parties entitled to the equity of redemption in certain copyhold premises, and prayed payment of the mortgage-moneys with interest and costs, and in default thereof for a sale, or if the Court should not think fit in the first instance to direct a sale, then for a foreclosure. The defendants had been served and had entered an appearance, but did not appear at the hearing. On a motion for a decree for an immediate sale under the 15 & 16 Vict. c. 86, s. 48, the Vice-Chancellor Stuart said,-" Upon looking at the language of the 48th section, the effect of the enactment is to supply something, the [The order granted in August last was absence of which was often the occasion of available only for the current year which exextreme injustice, delay, and expense, without pired on the 15th November. The usual answering any useful purpose; I mean a power notices must be renewed, and an affidavit in the Court to direct a sale in lieu of fore-made in support of the application for a new closure. In this case, however, I am asked to order-ED.] make an immediate decree for a sale, in the absence of the two parties who are the owners of the equity of redemption. In the POLICE COURT PRACTICE. T. I was admitted and enrolled as an attorney view of a Court of Equity, the owner of the in the Superior Courts last Michaelmas Term, |