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List of Public General Acts.
Appointment of Receivers over Real Estate, and to expedite the Sale of Estates in the said Court. 78. An Act to continue the Act of the Second and Third Years of Her Majesty, Chapter Seventyfour, for preventing the administering and taking of unlawful Oaths in Ireland, as amended by an Act of the Eleventh and Twelfth Years of Her Majesty's Reign.
79. An Act to consolidate and amend the Laws relating to Bankruptcy in Scotland.
80. An Act to grant Relief in assessing the Income Tax on Lands in Scotland in respect of certain Public Burdens charged thereon; to alter and regulate the Allowances to Clerks to the Commissioners of Income Tax ; and to amend the Laws relating to the Land, Assessed, and Income Taxes, and the Redemption and Purchase of the Land Tax.
81. An Act to reduce the Stamp Duties on certain Instruments of Proxy, to amend the Laws relating to the stamping of Articles of Clerkship to Attorneys and others; and to exempt from Stamp Duty Admissions to the freedom of the City of London by Redemption.
82. An Act to repeal and reimpose under new Regulations the Duty on Race-horses.
83. An Act to provide for the better Defence of the
Coasts of the Realm, and the more ready Manning of the Navy, and to transfer to the Admiralty the Government of the Coast Guard. 84. An Act to continue the Corrupt Practices Prevention Act, 1854.
85. An Act to continue the General Board of Health. 86. An Act to abolish the Office of Cursitor Baron of the Exchequer.
87. An Act to amend the Lunatic Asylums Act, 1853.
88. An Act to make further Provision for the good Government and Extension of the University of Cambridge, of the Colleges therein, and of the College of King Henry the Sixth at Eton. 89. An Act to abolish certain unnecessary Forms in the framing of Deeds in Scotland. 90. An Act to defray the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, and Surgeons Mates of the Militia; and to authorise the Employment of the Non-commissioned Officers.
91. An Act to amend and re-enact certain Provisions of an Act of the Fifty-fourth Year of King George the Third, relating to Judicial Procedure and Securities for Debts in Scotland.
92. An Act to constitute a Court of Appeal in Chan
cery, and to amend the Law relating to Appeals from the Incumbered Estates Court in Ireland. 93. An Act to constitute all legally-qualified Persons in Scotland Commissioners of Supply without being named in an Act of Supply.
94. An Act for the uniform Administration of Intestates' Estates.
95. An Act to give to the University of Oxford and to Colleges in the said University, and to the College of Saint Mary of Winchester near Winchester, Power to sell and exchange Lands, under certain Conditions.
96. An Act for amending the Law of Marriage in Scotland.
97. An Act to amend the Laws of England and Ireland affecting Trade and Commerce.
98. An Act to amend the Laws relating to the Burial of the Dead in Ireland.
99. An Act to amend the Acts relating to Lunatic Asylums in Ireland, so far as relates to Superannuations.
100. An Act to amend the Law with respect to the Election of Directors of Joint Stock Banks in England.
101. An Act to continue certain Acts to prevent the spreading of contagious or infectious Disorders among Sheep, Cattle, and other Animals. 102. An Act to further amend the Procedure in and to enlarge the Jurisdiction of the Superior Courts of Common Law in Ireland.
103. An Act to make better Provision for the Removal of Nuisances, Regulation of Lodging Houses, and the Health of Towns in Scotland. 104. An Act to extend the Provisions of an Act of the Sixth and Seventh Years of Her Majesty, for making better Provision for the Spiritual Care of populous Parishes, and further to provide for the Formation and Endowment of separate and distinct Parishes.
105. An Act to apply a Sum out of the Consolidated Fund and the Surplus of Ways and Means to the Service of the Year One thousand eight hundred and fifty-six, and to appropriate the Supplies granted in this Session of Parliament. 106. An Act to authorise the Inclosure of certain
Lands in pursuance of a Special Report of the
107. An Act to amend the Smoke Nuisance Abatement (Metropolis) Act, 1853.
108. An Act to amend the Acts relating to the County Courts.
109. An Act to amend the Mode of committing Criminal and Vagrant Children to Reformatory and Industrial Schools.
110. An Act for the better Regulation of the House of Industry Hospitals and other Hospitals in Dublin supported wholly or in part by Parliamentary Grants.
111. An Act for confirming a Scheme of the Charity Commissioners for Stoke Poges Hospital in the County of Bucks, with certain Alterations. 112. An Act to amend the Act of the last Session of Parliament, Chapter One hundred and twenty, for the better Local Management of the Metropolis. 113. An Act to provide for taking Evidence in Her Majesty's Dominions in relation to Civil and Commercial Matters pending before Foreign Tribunals.
114. An Act to prevent false Packing and other Frauds in the Hay and Straw Trade.
115. An Act to provide for the Retirement of the present Bishops of London and Durham. 116. An Act for the Appointment of a Vice-President of the Committee of Council on Education. 117. An Act to amend the Law relating to the Relief of the Poor in Scotland.
118. An Act to amend the Act of the last Session of Parliament for diminishing Expense and Delay in the Administration of Criminal Justice in certain Cases.
119. An Act to amend the Provisions of the Marriage and Registration Acts.
120. An Act to facilitate Leases and Sales of Settled
Notes of the Week.—Analytical Digest of Cases: Appeals under the Winding-up Acts.
NOTES OF THE WEEK.
CRIMINAL LAW BILLS.
The eight bills presented to the House of Lords by the Lord Chancellor, and recently printed, for consolidating the statute law of England, are as follow:
1. Relating to criminal procedure by indictment. 2. Relating to accessories to and abettors of indictable offences.
3. Relating to indictable offences of a public
4. Relating to indictable offences against her Majesty the Queen and her Government.
5. Relating to indictable offences by perjury. 6. Relating to indictable offences against property by malicious injuries.
7. Relating to indictable offences against property by larceny and other offences connected therewith. 8. Relating to indictable offences against the person.
We observe that there has just been issued a reprint of the Special and General Reports, dated Jan. 25, 1831, and Feb. 15, 1832, made to his Majesty William the Fourth, by the commissioners appointed to inquire into the practice and jurisdiction of the ecclesiastical courts in England and Wales. The voluminous evidence, documentary and other, taken before the commissioners, is also re-printed. We presume that this re-print indicates an intention on the part of Government again to bring before Parliament the reform of the ecclesiastical courts.
NEW POLICE MAGISTRATE.
Thomas Borrow Burcham, Esq., has been appointed a police magistrate, in the room of Gilbert Abbott A'Beckett, Esq., deceased. Mr. Burcham was called to the bar by the Hon. Society of the Inner Temple, Jan. 27, 1843, and went the Norfolk Circuit. He was educated at Trinity College, Cambridge, was afterwards a Fellow of that College and a very successful private tutor. He graduated in 1830, when he was third in the first class in classics. The Rev. Dr. Wordsworth, Canon of Westminster, was the first, and the Rev. T. H. Steel, M. A., one of the Masters of Harrow School, was second. Mr. Burcham is Recorder of Bedford.
Thomas Howard Fellows, Esq., has been appointed Solicitor General of Victoria, Australia. Mr. Fellows was called to the bar by the Hon. Society of the Inner Temple, Nov. 17, 1852. He is the son of a highly respectable solicitor.
Mr. Anthony Berwick Were, Solicitor, has been appointed registrar of the County Court of Wigton.
Geo. Edwards, Esq., Solicitor, has been appointed to the Commission of the Peace for Gloucestershire. Mr. Charles Francis Gale, Solicitor, has been appointed Registrar of the Cheltenham County Court.
Mr. John Benjamin Lee, solicitor, has been appointed Secretary to the Bishop of London in the room of Mr. Christopher Hodgson, resigned, after a service of forty-three years.
ANALYTICAL DIGEST OF CASES.
SELECTED AND CLASSIFIED.
Appeals under the Winding-up Acts.
2. Right of, to have Master's judgment on his claim. Where a person claimed to be a creditor of a provisionally-registered railway company, ordered to be wound-up under the winding-up acts: -Held, on appeal from V. C. Stuart, that he was entitled to adduce before the master such proofs as he had in support of his demand, and to have the master's judgment whether upon such proofs it ought to be admitted as a claim only, or as a proof, although no list of contributories had been settled. In re Warwick and Worcester Railway Company, exparte Prichard, 5 De G. M'N. and G. 495.
Case cited in the judgment:-Re Norwich Yarn Company, 21 Law J., N. S., Ch. 822.
2. Rights of Admission of demand as claim-Actionat-law. Where a claim was made to prove a demand as a debt under the winding-up acts against a company which was not authorised to be sued by any public officer, and the materials before the court were not such as to enable it to decide upon demand: Held, confirming the decision of Lord Langdale, Master of the Rolls, reported 13 Beav. 426, that it was competent to the court under the winding-up acts to direct a claim merely to be admitted until the claimants established their demand
at law; but for that purpose the claimants ought to have liberty to take such proceeding at law as they might be advised, and ought not to be directed to bring an action against the official manager.-In re Norwich Yarn Company, exparte East of England Banking Company, 5 De G. M'N. and G. 505.
Exceeding power-Repudiation of purchase after enjoyment-Proof-Assurance company.-A registered insurance company agreed to sell its business to another insurance company, and a deed of assignment was accordingly executed, whereby the latter company covenanted to indemnify the former against all claims. After the business had been carried on for some time by the purchasing company that company failed, and both companies were wound-up under the winding-up acts. On the official manager of the selling company tendering a proof against the purchasing company in respect of claims satisfied by the selling company, one part of the deed of assignment was produced having affixed to it the seal of the purchasing company, but another part alleged to have been executed by the selling company was not forthcoming: Held, reversing the decision of Vice-Chancellor Stuart.
1. That after what had taken place, it was unnecessary to determine whether the selling company had
Analytical Digest of Cases: Common Law Appeals.
executed the purchase-deed, or whether its directors had exceeded their powers in making the sale.
2. That, where a purchaser had enjoyed the subject-matter of a contract, every presumption must be made in favour of its validity.
3. That, If all the proceedings on the part of the directors of the purchasing company, with reference to the purchase, had not been in strict accordance with their own deed, still if the contract with the other company was the means of the purchasing company coming into existence, they could not act in contravention of that contract. In re Sea, Fire and Life Assurance Company, exparte official manager of Port of London Ship Owners' Loan and Assurance Company, 5 De G. M'N. and G. 465.
Shares in incorporated company-Payment of call by assignee Forfeiture· Acceptance of sharesReasonable time.-In November, 1847, R., being owner of 157 shares of £100 each in an incorporated company became bankrupt. Only £25 per share had been paid. At the time of the bankruptcy the bankrupt delivered the certificates of the shares to the official assignee, but the shares were then of no value. In June, 1849, notice was given to the official assignee of a call of £1 per share, which he was requested to pay. Nothing further was done by the company or the assignees until February, 1853, when the shares having become valuable, the assignees claimed to be registered in the company's books as the owners of them, and offered to pay whatever was due for calls. In answer to their application they received a letter from the secretary of the company stating that there were no shares standing in the registry book in the name of the bankrupt: Held, that assuming it was necessary
1. Delivery of cargo at port of discharge on payment of freight. Demurrage. Refusal to deliver Assignee. Declaration that, in consideration that plaintiff, at defendant's request, would deliver wheat then on board plaintiff's ship (having been conveyed therein for freight to be paid by the person who should receive it) to defendant with lighters provided by defendant, defendant promised to receive it in a reasonable time: breach, that defendant made default in receiving in a reasonable time, whereby plaintiff was detained an unreasonable time in discharging. Defendant traversed the promise and the default and pleaded that plaintiff was not ready to deliver.
It was proved by charterparty the plaintiff, owner of a ship, agreed with the freighter to deliver a cargo at the port of discharge on payment of freight, conformably to the bills of lading, and a certain number of lay days were allowed, after which demurrage was to be charged at a given rate per day. The bills of lading stipulated for delivery to the freighter or his assigns on paying freight as per charterparty.
Defendant became assignee of the bill of lading, gave notice thereof to plaintiff, and demanded the goods, sending his lighters to receive them. Plaintiff delivered a portion, and demanded payment for freight on so much. Defendant refusing to pay plaintiff refused to deliver the residue, and the running days expired. Some time after plaintiff delivered the residue, and was paid the remaining freight. On a case authorising the court to draw inferences of fact:
Held, that neither the contract nor the breach was proved by the Court of Exchequer Chamber,
reversing the decision of the Court of Queen's Bench. -Young v. Mæller, 5 Ellis and B. 755.
2. "Full and complete cargo"-Evidence as to usage at port of lading-Admissibility to explain.By charterparty the defendant agreed to load on board a vessel at Trinidad "a full and complete and cargo of sugar, molasses other produce." It
appeared that it was the custom at Trinidad to load sugar in hogsheads, and molasses in puncheons in which mode they were carried more conveniently and with less loss to the merchant and that a full and complete cargo of sugar and molasses meant a cargo packed. Held, on appeal in the Exchequer Chamber (affirming the judgment of the court below) that the custom was admissible in evidence; for it was applicable to such a charterparty and did not control, but only explained the contract, which
Analytical Digest of Cases: Common Law Appeals.
ought to be construed with reference to the usage at the port of lading; also that the custom was reasonable and good in law.-Cuthbert v. Cumming, 11 Exch. 405.
Of bill of lading-Liability to demurrage-Lien on goods. The consignee of a bill of lading, which makes the goods deliverable to him or assigns 'paying for the said goods as per charterparty,' does not, by taking the goods at the destination, make himself liable to pay for demurrage in the port of loading, according to the rate stipulated in the charterparty; though there be an express stipulation for a lien on the goods for such demurrage.
So held in the Exchequer Chamber on appeal, affirming the judgment of the Queen's Bench. Smith v. Sieveking, 5 Ellis and B. 589.
Judgment of reversal-Setting aside writ of error— Compromise.-A writ of error was sued out by a person convicted of a misdemeanor in the Queen's Bench; and judgment of reversal for non-joinder in error was entered up in the Exchequer Chamber. Subsequently the Queen's Bench, by rule, quashed the writ of error as having been improperly issued for the purpose of effecting a compromise. The writ of error, assignment of errors and judgment of reversal remained upon the judgment roll and transcript, and below them an entry was made of the rule of Queen's Bench quashing the writ of error. prisoner sued out a fresh writ of error, and assigned errors both in the indictment and in the rule of the Queen's Bench. The prosecutor obtained a rule nisi in the Exchequer Chamber to expunge the entry of the judgment,
Held, that the Court of Queen's Bench, having in the exercise of its equitable jurisdiction quashed the first writ of error for matter dehors the record, that writ and the judgment under it were both void and gone, and ought not to appear on the record, and that the rule to expunge the judgment might be made absolute in its terms, as the writ of error on which it was founded, was absolutely avoided. Aliter, if the writ of error had been merely voidable; in which case the rule would have been misconceived as not embracing it. Alleyne and others v. Reginam, 5 Ellis and B. 399.
See Set off.
DEFENCE OF SET OFF.
See Charterparty, 1; Consignee.
Lease-Forfeiture for breach of covenant-Covenants against letting beyond limited period, and not to mortgage or incumber-Waiver by receipt of rent.— Ejectment for the Opera House on the ground that the lease was forfeited.
On a case stated, empowering the court to draw inferences of fact, it appeared that in the lease was a condition for re-entry on default of performance of the covenants in the lease.
One was a covenant not to use the property for any but theatrical purposes, and to use the lessee's best endeavours to improve it. The theatre was in
fact closed for two years, which was injurious to it as a theatrical property; but it did not appear that the lessee was able to keep it open.
Held, no breach of the covenant, by the Courts of Queen's Bench and Exchequer Chamber.
Another covenant was not to let any of the boxes or stalls for a longer period than one year or season The lessee, twelve days before the end of one season, let boxes for the next season, the term to commence at a day earlier than the expiration of a lease of the same boxes to another party for the preceding
Held, that a covenant restricting the common law authority of a lessee to let was not to be construed in the same way as an enlarging power to let; and that construing the covenant in the same way as an enlarging power to let; and that, construing the covenant in this case with reference to the nature of the property the lease of boxes was in substance for not more than one season, and was no breach. By the Courts of Queen's Bench and Exchequer Chamber.
Another covenant was cumbering the property.
against mortgaging or inNumerous judgments were signed against the lessee, some in actions by judges' orders, some on cognovits, and some on warrants of attorney.
Held, that registered judgments are charges on property; but that contracting debts and not paying them, though followed by jndgments, was no breach of the covenant, even though the judgments were facilitated by a cognovit or warrant of attorney.
But it appearing, on the defeazances, that some of the warrants of attorney were given expressly as collateral securities for mortgage money, and that it was intended that the judgments should, for that purpose, be signed and registered.
Held, by the Court of Queen's Bench, that the giving such warrants under which the judgments were so signed and registered constituted breaches of the covenant, and grounds of forfeiture.
Held, by the Court of Exchequer Chamber, on error, that this did not constitute breaches of the covenant or grounds of forfeiture.
After all the forfeitures had been incurred, the time having come when rent would become due, the He refused to lessee tendered the rent to the lessor.
take it, except on the terms that it should be taken not as rent, but as compensation for use and occupation subsequent to the forfeiture. The lessee refused to agree to any such condition; the lessor then took the money, declaring he would not take it as rent, or as waiving the forfeitures.
Held, by the Court of Queen's Bench, that in legal effect money must be taken according to the intent of the party paying it; in this case as rent; and that the receipt of rent, as a matter of law, operated to waive all forfeitures then known to the lessor, and that no protest on his part could prevent this legal effect. [At the time of the receipt the lessor knew of most of the judgments, but did not know of every instance.]
Held, by the Court of Queen's Bench, that he must be taken to waive all forfeitures by that breach of which he had notice, though it was more extensive han he was aware of.
The defendant had judgment in the Court of Queen's Bench, which was affirmed on error in the Court of Exchequer Chamber, on the ground that no forfeiture had occurred; the latter court pronouncing no opinion of waiver. Croft v. Lumley, 5 Ellis and B. 648, 682.
The Legal Observer,
SATURDAY, OCTOBER 25, 1856.
METROPOLITAN AND PROVINCIAL
We are glad to submit to our readers a report of the proceedings at a numerous and influential meeting of the members of the Metropolitan and Provincial Law Association, held on Tuesday, the 16th instant, in the library of St. George's Hall, Liverpool.* We propose, however, in the first place to notice some of the principal topics which engaged the attention of the meeting, namely, the progress and present state of the association;-the defective nature of legislative measures for altering the law;—the improvements in legal and general education;-the exclusion of attorneys from the inns of court; and other subjects. The resolutions that were passed on several of these matters will be found in the subjoined report; and several of the papers or dissertations we hope hereafter to submit to our readers.
1. After some preliminary observations, the Chairman, Mr. W. Strickland Cookson, of Lincoln's Inn, adverted to the origin of the association, which was established for the purpose of "promoting the interests of the suitors and the better and more economical
administration of the law; of obtaining the removal of the many and serious grievances affecting solicitors, and through them the suitors; and of maintaining the rights and increasing the usefulness of the profession." He described the progress of the association in its endeavour to obtain the united action of every solicitor in the kingdom, and noticed the continued circulation, amongst the general body, of information on the state and prospects of the profession, and the manner in which the public interests were thereby affected. It was then remarked that the support received was much less extensive than had been anticipated. Hence, with a view to make the objects and nature of the association better known, these meetings in the provinces were suggested, and they had been found very beneficial. Such meetings, the Chairman justly observed, were of immense value in making the members of the profession throughout the country acquainted with each other.
This report has been compiled from the Liverpool Weekly Mercury and the Liverpool Mail.
VOL. LII. No. 1,494.
We have often had occasion to observe that one of the prominent advantages of the associations consisted in removing an impression that the attention of the London solicitors was
principally directed to metropolitan and not to provincial interests. The error of this view might have been corrected by recollecting that several hundred London agents, a great prothe country solicitors are well represented by portion of whom are not only members of the Incorporated Law Society, but form a large part of the council itself. The establishment
of the association appears to have convinced its fession, whether in town or country, are equally members that the interests of the entire procared for. These meetings also may, in some degree, further promote a union of feeling which prevails in the other branch of the amongst attorneys and solicitors, like that profession, through the custom of "coming
into Commons" at their inns of court in term time, and of the "bar mess on the several circuits.
2. The next topic of observation was the defective state of legislation, and the urgency of a reform in the framing of acts of Parliament for the alteration of the law, in order to avert the evils which now prevailed, without impairing the constitutional privileges of the two
Houses of Parliament. The establishment of a Government Board to consider and revise the bills in Parliament was recommended. And it was suggested that the several law societies should watch the progress of measures affecting the administration of justice, and communicate to the central committee the
result of their deliberations.
pression that the older institution, The It may be added that any erroneous imIncorporated Law Society," and the Metropolitan and Provincial Law Association were in any respect antagonistic to each other, was effectually removed by the explanation of the Chairman, who, amongst other points of union, noticed that no less than seven members of the council of the Incorporated Society were members of the managing committee of the new association.
3. The subject of legal education was then mooted, and underwent considerable discussion. Mr. Edwin Field, who brought forward the subject, contended for several different examinations during the term of five years' clerk