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118 Parliamentary Proceedings.-Notes of the Week.-New Common Law Rule.

Repealing Septennial Act.
Power of Judges to commit.

Mr. Williams.
Mr. D'Eyncourt.
Mr. Charlton.

Powers of Tenants for life of Estates in Ireland the law in regard to the remedies for the Mr. Lynch. grievance complained of; besides removing a large part of the injustice under which authors at present labour. Several of the provisions shew an anxious desire to secure the personal interests of authors, and at the same time to protect the public from an abuse of the rights conferred.

FOR SECOND READING,

Law of Copyright
Controverted Elections
Law of Patents

Mr. Serjt. Talfourd.
Mr. C. Buller.

Offences against the Person
Expences at Elections
Freemens' Admission Bill.
Final Register of Electors.
Boundaries of Boroughs.
Common Fields Act.
Bankrupt Laws.

Small Debt Courts..

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Mr. Mackinon.

Mr. A. Trevor.

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Mr. Hume.

Solicitor General,
Col. Seale.

IN COMMITTEE.

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Mr. Serjt. Talfourd.
Mr. Hardy.

CONCLUSION OF TRINITY TERM EXAMINATION. We are informed that four of the five Mr. Elpinstone. candidates who were re-examined last Saturday passed satisfactorily. There appears to be some difference of opinion on the expediency of these re-examinations. It is, however, a lenient mode of proceeding, and affords an opportunity to those who possess sufficient knowledge, of shewing their competency on a second examination, who might fail from temporary illness in the first instance; but it is questionable whether the practice will be long continued. The Examiners are evidently anxious, in this still early progress of their labours, to discharge their duty with every consideration of the circumstances in which the candidates have been unexpectedly placed.

Repealing Usury Law on Bills of Exchange.
To amend the Law of Wills.

The Attorney General.
Attorney General.
Mr. Fox Maule.
Mr. Algionby.

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Registration of Voters.
Prisons Regulations
Recovery of Tenements.
Residence of Clergy.
Offences punishable by transportation for life.
Abolishing the punishment of death for forgery.
Offences against the person.

Robbery and stealing from the person.
Burglary and stealing in a Dwelling-House.
Crime of Piracy.

Burning or destroying Buildings and Ships.
Abolishing the Punishment of Death in certain

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THE LATE CHANCERY ORDERS.

We are asked why these orders are not entered, and what validity they have,whether in fact they are orders, or can properly be issued as from authority,— without entry with the register, as all other orders are, or ought to be?

Are they kept imperfect as an experi ment, to be withdrawn in case of failure? Still the question arises-why are they acknowledged as orders till duly entered?

NEW RULE OF COMMON LAW
COURTS,

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In the King's Bench.
WHEREAS by the practice of this Court
Sheriffs may now be required to file Writs
with their Returns, as well in Vacation
as in Term Time; and upon all Writs filed
in Vacation an extra charge of 58. 10d.
is paid for keys of the Treasury; And
whereas the like charge of 5s. 10d. is
also paid upon all searches made in Vaca-
tion for Writs so filed, and upon all Copies
of such Writs or Returns thereto :

IT IS ORDERED, That from and after the last day of this present Term such extra charge of 5s. 10d. be discontinued upon all Writs filed by Sheriffs in Vacation, and

New Common Law Rule.-Chancery Sittings.

all searches for such Writs, and all Copies | Wednesday.. 21 First Seal-Motions. thereof, or of Returns thereto. And that Thursday hereafter in Vacation such Writs may be Friday. filed by Sheriffs, and searches made for the Saturday same, and copies of such Writs or Returns Monday thereto made and obtained, without payment of the said extra charge of 5s. 10d. BY THE COUR

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Pies Demurrers, Excep

tions, Causes, and Further Directions.

Tuesday
Wednesday
Thursday .. 29

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Saturday.. July 1

Friday

Monday

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Tuesday

Wednesday 28 Re-hearings and Appeals. Monday 17

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Wednesday.. 19The Third Seal-Appeal the Vice Chancellor will hear Consent Causes,

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Chancery Sittings.-Common Law Sittings.-The Editor's Letter Box.

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Short Causes, and Pleas,
Demurrers, Causes,
Further Directions, and
Exceptions.

Pleas, Demurrers, Causes,
Further Directions, and
Exceptions.

Motions.

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Subscribers who wish to receive by post the Country Stamped Edition of the Legal Observer, will please to give directions accordingly. The price of the stamped edition is 7d. The work in all other respects remains the same; and the London subscribers, and those who can receive it by the Booksellers' parcels, may continue it at the same price and in the same form as heretofore.

We are much obliged to "S." for the Questions he sent us. We do not expect an exact copy of each Question, but think that Petitions in General Paper. the substance may be usefully communicated, Short Causes.

Causes, Further Directions, and Petitions, by Consent, every Tuesday, at the Sitting of the Court.

COMMON LAW SITTINGS.

King's Bench.

to shew the scope of the Examination, and enable those who have yet to come up, to prepare themselves. If each Candidate were able to answer all the Questions which have appeared in this work, nearly 400 in number, he would doubtlesss give a ready answer to many which will be put hereafter.

We thank "M." for his communication, and will avail ourselves of it in an early number.

The Letters of E. H.; W. J.; C. W. T.; and a Solicitor," are under consideration. We think that the grievance stated by E. S. LONDON-Adjournment-day, Saturday, June should be brought under the notice of our

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readers; but he has not done it judiciously, and we are satisfied that the publication of his letter will not serve the object of the writer. Is he willing to have his letter altered in such way as we deem prudent?

J. J. cannot obtain a certificate of "fitness and capacity "from the Examiners until he has attained the age of twenty-one. Perhaps he might be examined de bene esse, some short time previously; but the certificate could not properly be delivered to him till of age.

The suggestion of H. S., for providing for rejected Articled Clerks, is at once comical and serious. We cannot promise to insert his letter.

The information required by Z. T. will be found in the Monthly List of New Publications.

We are glad that the commencement of the Country Stamped Edition has given so much satisfaction to our distant readers.

Printed by EDMUND SPETTIGUE, 67, Chancery Lane, Lon-
don; and published by JOHN RICHARDS & Co., 194,
Fleet Street, London, Price 6d.; and Stamped, 7d.
Friday, 16th June, 1837.

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WILLIAM THE FOURTH AS A

LEGISLATOR.

THE reign of William the Fourth has closed," and it becomes our duty to consider his character as a legislator. We justly estimate the public characters of monarchs by the acts of the legislature during their sway; and, tried by this rule, the late King deserves to be ranked by posterity with our Edwards and Henrys. More has been done for the judicious reform of the law in the seven years of his reign, than in at least the hundred years preceding them. His ascent to the throne will ever be considered as an era in the history of our laws; and as we commenced our literary existence by recording and illustrating his legislative acts, we feel no little interest in all of them,

If the reader will look back to the last sessions of Parliament, he will at once admit the justice of our estimate of the late King's character as a legislator.

Chancery placed on a footing which pro tected the liberty of the subject. Besides these acts, the penalty of death was, except in certain rare cases, no longer awarded to towards a mitigation of the criminal code, the crime of forgery; and this great step has been followed, during the subsequent same ameliorating tendency. Lord Tenyears, by many other acts, all having the terden's acts relating to the term and returns of writs, to judgment and execution, and the examination of witnesses, also belong to this year.

The first and second year of the late king's reign is memorable for the Reform Act; called a new court into existence for the adfor the Bankruptcy Court Act, which ministration of bankruptcy, and greatly improved the jurisdiction of the commissioners. In this year were also passed the Game Act, which abolished the necessity of qualification; the Uniformity of Process Act; and the Act which established a limitation to claims for tithes.

jesty's reign is distinguished by the Acts The second and third year of his Mawhich established a limitation to all claims to incorporeal hereditaments; by the Anatomy Act, which has effectually put a stop the horrible crimes which it gave rise to; to the practice of selling dead bodies, and and by many other Acts of minor import

In the first year of his Majesty's reign were passed the acts known by the names of Sir James Scarlett and Sir Edward Sugden's Acts. By the first, the mode of administering justice on circuit in Wales was entirely altered, being assimilated to that adopted in England; the number of judges was increased from 12 to 15; and the prac-ance. tice of all the superior courts was rendered uniform. By the latter acts the law relating to trustees was amended and simplified: the laws affecting the property of persons under disability, and for facilitating the payment of debts, were consolidated and improved; and the law as to contempts in

the most important of all. In this the The third and fourth year was perhaps fruits of the law commissions, which were appointed in the preceding reign, were reaped. A new statute of limitations of real actions was passed; the Court of Chancery was regulated; fines and recoveries were abolished; the law of inheritance and

a His Majesty died on the 20th inst., at 12 dower improved; real estate was made minutes past two o'clock, a. M.

VOL. XIV.-No. 404.

subject to every species of debts; and,in

I

122

Williamthe Fourth as a Legislator.-Property Lawyer.-Practical Points.

one year, many blots, which had remained on our judicial system for centuries, were wiped off for ever. We should also glance at the fouler stain of slavery, from which we were relieved in this year by the legislature; the Act which opened the East India trade; and the Bank of England Act, which made a material alteration in the usury laws

66

securing the debt is liable to the rents and covenants reserved and contained in the lease, although he has not taken possession of the premises. And this case has been since followed by the present Master of the Rolls, who has held that the equitable assignee of an underlease is clothed with the obligation to perform the covenants in the under-lease, though he is himself the original lessor, and that he cannot set up the non-performance of those coveThe fourth and fifth year gave us the nants against his lessee, as the ground for rePoor Law Act, a measure sufficiently well fusing the performance of a covenant in the original lease. The case of Lucas v. Comerknown; and established the Central Cri-ford, 3 Bro. C. C. 166; S. C. 1 Ves. jun. 235," minal Court, greatly to the improvement of said Lord Langdale, was cited to show, that the administration of criminal justice, and even in the case of an equitable mortgage, by made many smaller alterations. deposit of deeds, the depositary was held bound by an agreement to rebuild, and was compelled to take an assignment with the covenants for that purpose. The authority of that case was not denied; but it appears, by Brown's Report, that the equitable mortgagee in that case had taken possession of the mortgaged estate; and it was argued, that in equity a mortgagee by assignment of the whole leasehold interest, did not become liable to the covenants of the lease if he did not take possession; and the cases of Sparkes v. Vernon, 2 Vern. 275, and Eaton v. Jacques, Dongl. 455, which was expressly overruled in Williams v. Bosanquet, 1 Brod. & Bing. 238, were cited as showing the rule in The seventh and eighth year has com-equity. But it does not appear to me that the menced, but has been arrested, and the legislative career of William the Fourth closes with his seventh year. There is little to mark that portion of it which has occurred in the present session.

The fifth and sixth year was less important than any of the preceding years in a legal point of view; yet in this year we had the Municipal Corporation Act, and a host

of smaller amendments.

The sixth and seventh year is most remarkable for the Tithe Commutation Act, which will eventually supersede the intricate and confused law of tithes; the Act for the Registration of Births, Deaths, and Marriages; and the Act for allowing Coun

sel to Prisoners.

We have now, we think, fairly shewn that the reign of the late king will ever be a memorable one to lawyers, and that he may be handed down to posterity, if no other epithet be more appropriate, as William the Law Reformer. But besides these measures which have become law, innumerable others have been proposed, and we are not to forget that every royal speech has contained a recommendation in favour of a reform in the laws.

A new reign now dawns ou us, and we have no doubt that the same desire for judicious improvement remains with the throne. Thus may it ever be; and may our young Queen think it her proudest distinction to carry on the work commenced by her predecessor, and find it her best security to simplify and reform the laws of her coun

try.

THE PROPERTY LAWYER.

ASSIGNEE OF AN UNDERLEASE.

In the case of Flight v. Bentley, 7 Sim. 149; (Dig. for 1837, 16,) it was held by Sir L. Shadwell, V. C., that a depositary of a lease for

fact of a mortgagee by assignment of a leasehold interest, taking actual possession of the mortgaged property, is more important in equity than it is at law, and the case of Flight v. Bentley, shows that it was not so considered by the Vice Chancellor." Jenkins v. Portman, Keen, 454.

PRACTICAL POINTS OF GENERAL
INTEREST.

FOREIGN DIVORCE.

In Lolley's case, Russ. & Ry. C. C. 237, 2 Clark & Fin. 267 n., it was held that a foreign divorce cannot dissolve an English marriage. Some particulars relating to this case were furnished by Lord Brougham in a recent case.

What was Lolley's case? It was a case the " strongest possible in favour of the doctrine contended for. It was not a question of civil right, but of felony. Lolley had bona fide, and in a confidential belief, founded on the authority of the Scotch lawyers, that the Scotch divorce had effectually dissolved his prior English marriage, intermarried in England, living his first wife. He was tried at Lancaster for bigamy, and found guilty; but the point was reserved, and was afterwards argued before all the most learned judges of the day, who, after hearing the case fully and thoroughly dis

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