294

Results of the Session of 1854.

usefulness, and to extend the renown of this great seminary of learning."

Classifying the Bills which have passed both Houses and received the Royal Assent, we may notice-

The other Act extending the jurisdiction of the Court of Chancery of the County Palatine of Lancaster against persons residing out of its jurisdiction, and transferring appeals to the Lords Justices in Chancery instead of the Judges of Assize.

II. Equity. In this department we have to notice only two Acts,-viz., the Court of Chancery Act, "to make further provision for the more speedy and efficient despatch of business," by appointing addiI. The most important Act of the Ses- tional temporary clerks and accountants to sion which received her Majesty's personal wind up the matters depending in the resanction on the 12th instant,-the Second maining Masters' Offices, and in case of Common Law Procedure Act. The Speech need to call in the aid of the Solicitor to suggested to the Queen does not sufficiently the Suitors' Fund. characterise the full scope of the measure, for it effects improvements not only in the Forms of procedure, but in the jurisdiction of the Superior Courts of Common Law and the means it affords for obtaining justice, facilitating and expediting the proceedings and diminishing the expense of the suitors. Thus the Act will enable the Judge to try questions of fact, by consent, without a jury;-to order cases of complicated accounts to be forthwith referred to arbitration ;-the parties also may be examined before trial; and a full discovery of documents obtained;-trials may be adjourned-affirmations may be received instead of oaths;-restrictions relaxed in the cross-examination of witnesses and the contradiction of a party's own witness ;-proof of handwriting by comparison admitted;- IV. A short act has also passed for takdocuments insufficiently stamped receivable ing evidence in the Ecclesiastical Courts on payment of duty and penalty ;-appeals viva voce; and an Act authorising the apon refusal of a new trial;-oral examination pointment of Commissioners to administer of witnesses on motions and summonses; Oaths and take Declarations, &c., relating power to issue injunctions ;-the examina- to proceedings in the Admiralty Court, and tion of judgment debtors to discover their providing that the Commissioners for adassets; and to attach or take the same in ministering oaths in Chancery may also execution. These and other amendments take affidavits, declarations, &c., in proof the Law place this Act in the fore- ceedings in the Admiralty Court. most rank of the successful labours of the

Session.

der

mon Law, may Under this head of Com also be noticed the Witnesses' Act, u which witnesses in Ireland or Scotland may be compelled to attend and give evidence in England, and witnesses here to give evidence in the Courts there; but reserving the power of examining them before Commissioners. In this department may also be classed the Act for registering Bills of Sale of Personal Property, like Warrants of Attorney, in the Court of Queen's Bench. These are the three Acts relating to the course of proceeding in the Superior Courts of Common Law; but to which may be added, as affecting the local Courts, the Act for extending the Right of Appeal in County Courts to cases heard by consent in those Courts; and the Manchester Court of Record Act enlarging the Jurisdiction of the Court and amending its practice.

III. The Bankruptcy Act is a very small instalment of the alterations suggested by the Commissioners in their recent report; whilst the continuance of the office of broker is in opposition to their recommendation, and of the evidence taken before them. The present Act enables the Lord Chancellor to diminish the expense of the establishment by not filling up the present or future vacancies; and it provides that a petitioning trader must show that his assets amount to 1501.

V. In regard to the Law of Property and Conveyancing, several Bills have received the royal assent. 1. The Real Estate Charges' Act, directing that in case of iny the heir shall not be entitled to tesia,

have the incumbrances on the estate paid
out of the personal property; and where a
testator
testator makes a will and directs his estate
to be sold, and does not otherwise direct,
the land shall be deemed to be personal
estate. 2. The Act to remove doubts con-
cerning the due Acknowledgment of Deeds
by Married Women, whereby the deeds al-
ready acknowledged are rendered valid, al-
though one or both of the Commissioners
may have been interested in the transaction,
with certain exceptions in cases wherein
proceedings are pending; but authorising
the Court of Common Pleas to make rules
for preventing Commissioners who are in-
terested from taking acknowledgments. 3.
Several Acts for the Inclosure of Lands

Results of the Session of 1854.-New Statutes effecting. Alterations in the Law. 295

RATIONS IN THE LAW.

have been passed. 4. Also an Act to Faci- NEW STATUTES EFFECTING ALTElitate the Sale and Transfer of Incumbered Estates in the West Indies, under which three Commissioners are to be appointed,

the chief to reside in England, and power the present Volume, with an Analysis to each, THE Acts of the present Session printed in is given to appoint local Commissioners.

5. The Management of Episcopal and Ca- will be found at the following pages :—

pitular Estates. 6. The Arrangement of Turnpike Trusts. 7. The total repeal of the Usury Laws, saving transactions previous to the Act, providing that the legal or current rate of interest now payable on any contract shall mean the same as if this Act had not passed; and that the Act shall not affect the Law of Pawnbrokers.

VI. The Act to amend the Law relating to the Stamp Duties, whereby a new scale is fixed for inland and foreign bills and notes; also on leases for terms exceeding 35 years, regulated by the amount of rent, and on duplicates or counterparts; with provisions as to adhesive stamps on bills and bankers drafts ;-repealing the exemp tion from receipt stamp duty on letters of acknowledgment; - directing that deeds made for several valuable considerations shall be chargeable in respect of each ;-and indemnifying parties for omitting to state the full purchase money in assignments on the sale of good will.

VII. The Consolidation and Amendment of the Law relating to Merchant Shipping is a great and important work. The Act extends to upwards of 200 folio pages, and the analysis occupies upwards of 20 more. VII. Regarding the Criminal Law, the Acts which have passed relate to the removal of prisoners, the prosecution of youthful offenders, and the suppression of gaming-houses.

IX. Several other Acts of great public importance, have also passed, viz., the Board of Health, Metropolitan Sewers, and Metropolitan Burial Acts.

X. The only Act relating to the Law of Parliament is that for consolidating and amending the Laws relating to Bribery, Treating, and undue influence at Elections of Members of Parliament.

In this brief summary of the general scope of the several Statutes of the Session, we have necessarily omitted many details, and perhaps have not sufficiently explained all the prominent points, but some of the Acts, so far as they are important to the practitioner, have already been fully set forth-the rest will speedily follow; and during the vacation such notes and annotations will be supplied as may be deemed useful.

Income Tax, cc. 17, 24, pp. 46, 134, ante.
Commons' Inclosure, c. 9, p. 64.
County Court Extension, c. 16, 121.
Registration of Bills of Sale, c. 36, P. 216.
Warwick Assizes, c. 35, p. 218.

Attendance of Witnesses, c. 34, p. 235.
Evidence in Ecclesiastical Courts, c. 47, p.

254.

Commons' Inclosure (No. 2), c. 48, p. 254.
Cruelty to Animals, c. 60, p. 275.
Ecclesiastical Jurisdiction, c. 65, p. 276.
Highway Rates, c. 52, p. 276.
Turnpike Trusts' Arrangements, c. 51, p. 276.

ADMIRALTY COURT.

17 & 18 VICT. c. 78. Commencement of Act, 1st August, 1854; s. 2.

Judge of Admiralty may appoint solicitors and notaries to administer oaths, &c.;

s. 3.

Commissioner's appointment to bear a stamp of 1l.; s. 4.

commission; s. 5.
Personal answers may be taken without a

Commission for examination of witnesses

dispensed with, and examiners empowered to administer oaths; s. 6.

Answers, affidavits, &c., how to be sworn and taken in England and Wales; s. 7.

Answers, affidavits, &c., how to be sworn and taken out of England and Wales; s. 8. Penalty for false swearing, &c.; s. 9.

Penalty for forging signature or seal of Judge, &c., empowered to administer oaths under this Act; s. 10.

Power to appoint persons under special circumstances to administer oaths, &c.; S, 11.

Power of Judge to issue commissions as heretofore, to administer oaths, &c.; s. 12. Power to Court to proceed by way of monition; s. 13.

Her Majesty may by order in Council their collection by stamps; s. 14. vary, alter, or abolish fees, and provide for

After such order fees not to be received

in money, but by means of stamps; s. 15.

Commissioners of Inland Revenue to give the necessary directions as to the stamps, and to keep separate accounts; s. 16.

New Statutes effecting Alterations in the Law.

The following are the Title and Sections magistrate or justice of the peace, or before of the Act:

New Statutes effecting Alterations in the Iow

297

dicial or official document, with a false or where any fee shi be payable in respect of counterfeit signature or seal of any such Com- any document, suca star, shall, at the expense missioner, Judge, Court, magistrate, notary of the party liable to pay, and in such manner public, or other person authorised as aforesaid, and under such regulations as shall by any attached or appended thereto, knowing the order of the Judge of the said Court be disame signature or seal to be false or counter-rected, be stamped or affixed on the vellum, feit, every such person shall be guilty of felony, parchment, or paper on which the proceeding and shall be liable to the same punishment as in respect whereof such fee is payable is writany offender under an Act passed in the 8 & 9 ten, printed, or engrossed, or which may be Vict., intituled "An Act to facilitate the Ad-otherwise used in reference to such proceeding. mission in Evidence of certain official and other 16. The Commissioners of Inland Revenue Documents." shall from time to time and as occasion shall

11. The Judge of the High Court of Ad-require give the necessary directions for carmiralty of England may, whenever it shall ap- rying the same into effect, and shall provide pear to him necessary so to do, authorise any everything that is requisite for that purpose, person to administer oaths and to take affi- and shall do or cause to be done everything davits, depositions on oath, declarations, af- that is necessary for the receipt and collection firmations, and attestations during the time of the money to be paid for such stamps, and such person shall be on the high seas, or in any the said Commissioners shall cause separate place not within her Majesty's dominions, in and distinct accounts to be kept of all sums of or relating to prize proceedings in the said money received or collected by them in respect Court, and it shall not be necessary to affix of the sale of such stamps, and of all costs, any stamp to the fiat or document by which charges, and expenses incurred by them, or by any such person shall be appointed. their direction, in carrying the same into effect.

12. Nothing herein contained shall abridge or lessen the power of the Judge of the said High Court of Admiralty of England as it now exists to issue commissions as heretofore, and to appoint fit persons to administer oaths, declarations, affirmations, and attestations, and generally to execute any commissions, nor shall affect in any manner the power of the Judge or surrogates of the said Court to administer oaths and take affidavits, depositions on oath, declarations, affirmations, and attestations as heretofore, in or relating to any matter, suit, or proceeding in the said Court.

13. In all cases in which a party has a cause or right of action in the High Court of Admiralty of England against any ship, or freight, goods or other effects whatever. it shall not be necessary to the institution of the suit for such person to sue out a warrant for the arrest thereof, but it shall be competent to him to proceed by way of monition, citing the owner or owners of such ship, freight, goods or other effects to appear and defend the suit, and upon satisfactory proof being given that the said monition has been personally served upon such owner or owners, the said Court may proceed to hear and determine the suit, and may make such order in the premises as to it shall seem right.

17. The Commissioners of Inland Revenue may, if they think it necessary to do so, authorise proper persons for the sale and distribution of all or any of the stamps to be used under this Act, and may allow to such persons the usual or customary discount or poundage thereon.

18. The Commissioners of Inland Revenue shall from time to time make such regulations as they shall think fit for the allowance of such stamps issued under the provisions of this Act as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no immediate use, or which through mistake or inadvertence may have been improperly or unnecessarily used, and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed, or by repaying the amount value to the owner or holder thereof, after de. ducting the discount or poundage (if any) allowed on stamps of the like kind.

or

19. The provisions contained in the several acts for the time being in force relating to stamps under the care or management of the Commissioners of Inland Revenue shall (so far as the same are applicable and consistent with the provisions of this Act), in all cases not hereby expressly provided for, be of 14. Her Majesty may by order in Council full force and effect with respect to the stamps from time to time vary, alter, or abolish all or to be provided under or by virtue of this Act, any of the fees payable in relation to proceed-and to the vellum, parchment, or paper on or ings in the High Court of Admiralty of Eng-to which the same stamps shall be impressed land, and may substitute one or more fee or or affixed, and be applied and put in execution fees in lieu thereof, and may direct that all or any of such fees shall, from a day to be named in such order and thenceforth, be collected by means of stamps, to be provided and used in manner hereinafter-mentioned.

for collecting and securing the sums of money denoted thereby, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes, as if such provi 15. From and after the day named in such sions had been herein repeated and specially order the fees directed by such order to be re-enacted with reference to the said last-menceived by stamps shall not be received in tioned stamps and sums of money respectively. money, but by a stamp denoting the amount of 20. No document which by any order as the fee which otherwise would be payable; and aforesaid ought to have had a stamp impressed

298

New Statutes effecting Alterations in the Law.

thereon or affixed thereto shall be received or amend the Statutes relating to the Assessment filed or be used in relation to any proceeding and Collection of County Rates in England in the High Court of Admiralty, or be of any validity for any purpose whatsoever, unless or until the same shall have a stamp impressed thereon or affixed thereto in the manner directed by such order: provided always, that if at any time it shall appear that any such document which ought to have had a stamp impressed thereon or affixed thereto has, through mistake or inadvertence, been received or filed or used without having such stamp impressed thereon or affixed thereto, the Judge of the said Court may, if he shall think fit, order that a stamp, not exceeding in value four times the amount of such original stamp, shall be impressed thereon or affixed thereto; and there upon, when the proper stamp shall, in compliance with such order, have been impressed on such document or affixed thereto, such document, and every proceeding in reference thereto, shall be as valid and effectual as if such stamp had been impressed thereon or affixed thereto in the first instance.

21. If any officer of the High Court of Admiralty, or other person, shall do or commit or connive at any fraudulent act or practice in relation to any stamp to be used under the provisions of this act, or to any fee or sum of money to be collected or which ought to be collected by means of any such stamp, or if any such officer or person shall be guilty of any wilful act, neglect, or omission in relation to any such stamp or fee as aforesaid, whereby any fee or sum of money which ought to be collected shall be lost, or the payment thereof evaded, every such officer or person so offending may be dismissed from his office of employment by the Judge of the said Court.

and Wales," it was, among other things, provided, that from and after the passing of the said Act it should be lawful for the justices of the peace, in any county in England and Wales, in General or Quarter Sessions assembled, to appoint any number of justices, not exceeding 11 in number nor less than five, to be a Committee for the purpose of preparing a basis or standard for the assessing of county rates, and that it should be lawful for the justices of the peace assembled at their General or Quarter Sessions to order and direct a fair and equal county rate to be made according to the basis or standard for the time being in force: and whereas there are divers boroughs not being within the provisions of the Municipal Corporation Acts in which borough rates in the nature of county rates have heretofore been made under the various Acts repealed by the said Act of the 15 & 16 Vict. c. 81, and which boroughs have not as many as five justices of the peace: and whereas doubts have arisen whether since the passing of the said Act of the 15 & 16 Vict. c. 81, a rate in the nature of a county rate can be made in such boroughs by reason of the want of a sufficient number of justices: and whereas it is expedient to remove such doubts, as also to amend the law in respect to the making of such rates in the said boroughs: be it therefore enacted as follows:

1. From and after the passing of this Act it shall and may be lawful for the justices of the peace in any borough not being within the provisions of the Municipal Corporation Act, and not being liable to contribute to any county rate, from time to time to make and levy within their borough a borough rate in the nature of a 22. It shall be lawful for the Commissioners county rate for defraying any expenses incurred of her Majesty's Treasury, on the recommenda- before the passing of this Act, and which may tion of the Judge of the High Court of Adini- hereafter be incurred for all or any of the purralty, to order to be paid to any person now or poses defined in the Municipal Corporations' hereafter holding any office or employment in Act, 1835, as purposes for which a borough the said Court, who shall be afflicted with rate may be levied; and for that purpose the some permanent infirmity disabling him from justices of such borough and all persons actthe due execution of his office, or shall be ing under their authority shall, within their desirous of resigning the same, a superannua- borough, have all the powers and protection tion or allowance; and in ascertaining and awarding the amount of such superannuation or allowance the same Commissioners shall proceed according to the principles laid down in the Act of the 4 & 5 Wm. 4, c. 24.

which were given to justices of the peace by virtue of the Act made in the 55 Geo. 3, in the said Municipal Corporations' Act mentioned, and all powers given to town councils by any Acts since passed concerning the making and levying of borough rates in boroughs being within the Municipal Corporations' Act, 1835, or as near thereto as the nature of the case will admit: provided always, that such borough justices shall not be empowered to hear or determine any appeal against any such rate; and if any person shall think himself aggrieved by any such rate, it shall be lawful for him to appeal to the recorder of the borough in which such rate has been made, or in case there shall be no recorder within such borough, then to the justices at the next Court of Quarter Sessions for the county within which such borough is situate, or whereunto it is adjacent, and such recorder or justices respectively shall have