Page images

118 Parliamentary Procèedings.-Notes of the Week. ---New Common Law Rule. Powers of Tenants for life of Estates in Ireland | the law in regard to the remedies for the

Mr. Lynch. I grievance complained of; besides removing Repealing Seplennial Act. Mr. Williains.

Mr. D'Eyncourt.

a large part of the injustice under which Power of Judges to coinmit. Mr. Charlton.

authors at present labour. Several of the

provisions shew an anxious desire to secure FOR SECOND READING. Law of Copyright. . Mr. Serjt. Talfourd.

the personal interests of authors, and at the Controverter Elections. , Mr. C. Buller.

same time to protect the public from an Law of Patents . Mr. Mackinon. abuse of the rights conferred. Offences against the Person . Mr. A. Trevor. Expences at Elections . . . . Mr. Hume. CONCLUSION OF TRINITY TERM EXAMINATION. Frecmens' Admission Bill.

We are informed that four of the five Final Register of Eleciors. · Mr. Elpinstone. I candidates who were re-examined last Sa. Boundaries of Boroughs. Common Fields Act.

turday passed satisfactorily. There appears Bankrupt Laws.

Solicitor General. I to be some difference of opinion on the exSmall Debt Courts. . . . . . Col. Seale. pediency of these re-examinations. It is. IN COMMITTEE.

however, a lenient mode of proceeding, and Custody of Infants . . Mr. Serjt. Talfourd.

affords an opportunity to those who possess Bribery at Elections . ... 'Mr. Hardy.

sufficient knowledge, of shewing their compeRepealing Usury Law on Bills of Exchange.' " tency on a second examination, who might To amend the Law of Wills.

fail from temporary illness in the first inThe Attorney General. stance ; but it is questionable whether the Registration of Voters. Attorney General. I practice will be long continued. The ExPrisons Regulations

Mr. Fox Maule. aminers are evidently anxious, in this still Recovery of Tenements. Mr. Algionby. I early progress of their labours. to discharge Residence of Clergy. Offences punishable by transportation for life.

their duty with every consideration of the Aholishing the punishment of death for forgery.

circumstances in which the candidates have Offences against the person.

been unexpectedly placed. Robhery and stealing from the person. Burglary and stealing in a Dwelling-Housc.


We are asked why these orders are not Burning or destroying Buildings and Ships.

entered, and what validity they have,Abolishing the Punishment of Death in certain

whether in fact they are orders, or can procases. Abolishing the punishment of the Pilory. perly be issued as from authority,– with

Lord John Russell.out entry with the register, as all other orUniformity of Process Act. Mr. Elphinstone.ders are, or ought to be ? Public Records. . . . . Mr. C. Buller. Are they kept imperfect as an experiExpences of Coroners' Inquests.

ment, to be withdrawn in case of failure ? The Solicitor General. Marriage and Registration Acts.

Still the question arises —why are they acLord John Russell.

knowledged as orders till duly entered? Highway Rates. Secular Jurisdiction of York and Ely.


COURTS, CONSIDERATION OF REPORTS. Attorneys and Solicitors . . Mr. Tooke. | ABOLISAING FEES FOR KEYS OF TREASURY. Abolishing Imprisonment for debt.

Trinity Term, 1837.
The Attorney General.

In the King's Bench.

WREREAS by the practice of this Court Sheriffs fees . . . . . . Mr. Tooke. Sheriffs may now be required to file Writs Common Law Officers.

with their Returns, as well in Vacation Mr. Serjeant Goulburn.

as in Term Time; and upon all Writs filed

in Vacation an extra charge of 58. 10d. NOTES OF THE WEEK.

is paid for keys of the Treasury; And whereas the like charge of 58. 10d. is

also paid upon all searches made in VacaLAW OF COPYRIGHT.

tion for Writs so filed, and upon all Copies Mr. Serjeant Talfourd's Bill has been of such Writs or Returns thereto : printed, and we shall give an analysis of it IT IN ORDERED, That from and after the in our next number. Its provisions appear last day of this present Term such extra to be well adapted to the object, and will charge of 58. 10d.' be discontinued upon effect a great improvement in this part of all Writs filed by Sheriffs in Vacation, and


First Seal-Appeal Satirday



July 11

New Common Law Rule.-Chancery Sittings. .

119 all searches for such Writs, and all Copies | Wednesday .. 21 First Seal-Motions. thereof, or of Returns thereto. And that the 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 Tuesday 1. 7 Piener Demurrers, Excep.

Wednesday 28\tions, Causes, and Furof the said extra charge of 5s. 10d.

By car Cou T Thursday .. 291 ther Directions.

Friday - ... 30

Saturday .. July 1 CHANCERY SITTINGS. Monday .. Trinity Teřm, 1837.

Tuesday ..

Wednesday .. 5 Second Seal-Motions.
Before the Lord Chancellor,


.. 61

Friday Wednesd. June 21 Ş The First Seal-Appeal '1 Motions and Motions.

Monday Thursday .. 22


Pleas, Demurrers, ExcepFriday

Wednesday .. tions, Causcs and FurSaturday


ther Directions. Monday

Friday .. Tuesday ..

Saturday .. Wednesday .. ) Re-hearings and Appeals.

Monday .. Thursday .. 29

Tuesday Saturday .. July 1)

Wednesday .. 19 Third Seal—Motions. Monday .. Tuesday .

Thursday .. Wednesday .. 5 The Second Seal-Appeal Friday 02 Motions and Motions. Saturday .,

Pleas, Demurrers, ExcepThursday

Monday .

Tuesday Friday

tions, Causes, and Fur

ther Directions.

Wednesday .. Saturday

Thursday Monday

.. Tuesday

Friday ..
Re-hearings, Appeals, &

Saturday .. 29 Fourth Seal-Motions.

Monday .. 31 Petitions.
Monday ..

Note.-On every Friday, during the Sittings Tuesday 10 The Third Seal-Appeals

Anneal the Vice Chancellor will hear Consent Causes, Wednesday ... Motions and Motions.

"| Short Causes, and Unopposed Petitions before

the General Paper. Thursday

The Court will not sit after Friday the 11th Friday Saturday

of August. Monday 24 Re-hearings, Appeals, & Tuesday

| Causes. Wednesday ..

Rolls Court.

After Trinity Term, 1837.
20 The Fourth Seal-Appeal

AT THE ROLLS. .. 29 Motions and Motions. Wednesd. June 2) Motions. Monday , 31 Petitions. · Such days as his Lordship sits in the House The

Thursday .. of Lords on Appeals are excepted.

Friday .. The Court will not sit after Friday the 11th

Saturday .. of August.

Before the Wice Chancellor,

Tuesday .. 27 (Pleas, Demurrers, Causes,

Wednesday .. 28 Further Directions, and

Thursday Tuesday .. June 13



Friday ..
Wednesday .. 14

Saturday .. July 1
Thursday 18 Motions and the Ad-

Monday ..
• 121 journed Petitions.
.. 17

Tuesday ... 4 Monday

| Wednesday .. 5 Motions. Tuesday







120 Chancery Sittings.—Common Law Sittinys.The Editor's Letler Bor. Short Causes, and Pleas,

LONDON. Thursday . 63

Demurrers, Causes, Friday : June 23 Adjournment Day.

Further Directions, and Saturday [ Exceptions.


} Common Juries. Friday .. 7 Petitions in General Paper. Tuesday


Special and Common Saturday ..

- 28 Juries.

Thursday Monday

- 29

Friday: - 301 Tuesday Wednesday .. 12 | Pleas, Demurrers, Causes, Saturday - July ī} Common Juries. Thursday

Further Directions, and The Court will sit at half-past nine o'clock. Friday Exceptions.

The Court will not sit in London on WednesSaturday ..

day the 14th instant, but will be adjourned to Monday

Friday, the 23d instant.
Tuesday .. 18
Wednesday .. 19' Motions.

Short Causes, and Pleas,
Thursday 00) Demurrers, Causes, Subscribers who wish to receive by post the

Further Directions, and Country Stamped Edition of the Legal Obser.

ver, will please to give directions accordingly. Friday

The price of the stamped edition is 7d. The ,

work in all other respects remains the same; Saturday .. 22 Monday .. 24 | Pleas, Demurrers, Causes,

and the London subscribers, and those who Tuesday

can receive it by the Booksellers' parcels, may Further Directions, and

| continue it at the same price and in the same Welnesday Exceptions.

form as heretofore. Thursday ..

We are much obliged to “ S.” for the Friday

Questions he sent us. We do not expect an Saturday .. 29 Motions.

exact copy of each Question, but think that Monday .. 31 Petitionsin General Paper. the substance may be usefully communicated,

to shew the scope of the Examination, and Tuesday .. Aug. 1 Short Causes.

enable those who have yet to come up, to preCauses. Further Directions, and Petitions, by pare themselves. If each Candidate were able

Consent, every Tuesday, at the Sitting of to answer all the Questions which have apthe Court.

peared in this work, nearly 400 in number, he would doubtlesss give å ready answer to many which will be put hereafter.

We thank “ M." for his communication,

| and will avail ourselves of it in an early num. COMMON LAW SITTINGS.


The Letters of E. H.; W.J.; C. W. T.;

and “ a Solicitor,” are under consideration. King's Bench.

We think that the grievance stated by E. S. LONDON-Adiournment-day, Saturday, June should be brought under the notice of our

readers; but he has not done it judiciously, and 24th, 1837.

we are satisfied that the publication of his let

ter will not serve the object of the writer. Is Common Pleas.

he willing to have his letter altered in such

way as we deemn prudent ? ' LONDON.-Adjournment-day, Monday, June J. J. cannot obtain a certificate of “fitness 26th, 1837.

and capacity” from the Examiners until he has attained the age of twenty-one. Perhaps

he might be examined de bene esse, some short Erchequer of pleas.

time previously; but the certificate could not

properly be delivered to him till of age. Sittings after Trinity Term, 1837.

The suggestion of H. S., for providing for

rejected Articled Clerks, is at once comical MIDDLESEX.

and serious. We cannot promise to insert his Tuesday, - June, 13| Common Juries.

letter. Wednesday

w Revenue and Com The information required by 2. T. will be - 14{mon Juries.

found in the Monthly List of New PublicaThursday .. 151

tions. 18} Common Juries. Friday

We are glad that the commencement of the Saturday • 171 Special and Common

Country Stamped Edition has given so much Monday

satisfaction to our distant readers. Juries. Tuesday 20 )

Printed by EDMUND SPETTIGUE, 67, Chancery Lane, Lon. Wednesday - 212

don ; and published by JOHN RICHARDS & Co., 194, Common Juries. Thursday : 22 }

Fleet Street, London. Price 60. ; and Stamped, 7d.
Friday, 16th June, 1837.

[ocr errors]


[ocr errors]


The Legal Observer.

SATURDAY, JUNE 24, 1837.

- "Quod magis ad nos
Pertinet, et nescire malum est, agitamus.




Chancery placed on a footing which pro: LEGISLATOR.

tected the liberty of the subject. Besides these acts, the penalty of death was, except in certain rare cases, no longer awarded to

the crime of forgery; and this great step The reign of William the Fourth has closed, I towards a mitigation of the criminal code. and it becomes our duty to consider his has been followed, during the subsequent character as a legislator. We justly esti-years, by many other acts, all having the mate the public characters of monarchs by

same ameliorating tendency. Lord Tenthe acts of the legislature during their sway ; terden's acts relating to the term and reand, tried by this rule, the late King de

turns of writs, to judgment and execution, serves to be ranked by posterity with our l and the examination of witnesses, also be. Edwards and Henrys. More has been done long to this vear. for the judicious reform of the law in the The first and second year of the late seven years of his reign, than in at least | king's reign is memorable for the Reform

Act; for the Bankruptcy Court Act, which ascent to the throne will ever be considered called a new court into existence for the ad. as an æra in the history of our laws; and ministration of bankruptcy, and greatly im. as we commenced our literary existence by proved the jurisdiction of the commissioners. recording and illustrating his legislative acts, In this year were also passed the Game Act, we feel no little interest in all of them.

which abolished the necessity of qualificaIf the reader will look back to the last tion; the Uniformity of Process Act; and sessions of Parliament, he will at once the Act which established a limitation to admit the justice of our estimate of the claims for tithes. late King's character as a legislator.

The second and third year of his MaIn the first year of his Majesty's reign jesty's reign is distinguished by the Acts were passed the acts known by the names

which established a limitation to all claims of Sir James Scarlett and Sir Edward Sug- to incorporeal hereditaments ; by the Anaden's Acts. By the first, the mode of ad-tomy Act, which has effectually put a stop ministering justice on circuit in Wales was

to the practice of selling dead bodies, and entirely altered, being assimilated to that

the horrible crimes which it gave rise to ; adopted in England; the number of judges and by many other Acts of minor importwas increased from 12 to 15 ; and the prac- l ance." tice of all the superior courts was rendered | The third and fourth year was perhaps uniform. By the latter acts the law relating the most important of all. In this the to trustees was amended and simplified ; fruits of the law commissions, which were the laws affecting the property of persons appointed in the preceding reign, were under disability, and for facilitating the pay-reaped. A new statute of limitations of ment of debts, were consolidated and im real actions was passed ; the Court of Chanproved ; and the law as to contempts in cery 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.

subject to every species of debts; and, in VOL. XIV.- NO. 404.


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

one year, many blots, which had remained securing the debt is liable to the rents and on our judicial system for centuries, were covenants reserved and contained in the lease, wiped off for ever. We should also glance although he has not taken possession of the at the fouler stain of slavery, from which

premnises. And this case has been since fol

| lowed by the present Master of the Rolls, who we were relieved in this year by the legis.

has held that the equitable assignee of an underlature; the Act which opened the East India

lease is clothed with the obligation to perform trade ; and the Bank of England Act, which the covenants in the under-lease, though he is made a material alteration in the usury himself the original lessor, and that he cannot laws

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


. Come

ford, 3 Bro, C. C. 166; S.C. I Ves. jun. 235," minal Court, greatly to the improvement of said Lord Lanydule,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 The fifth and sixth year was less impor by an agreement to rebuild, and was compelled tant than any of the preceding years in a

to take an assignment with the covenants for legal point of view ; yet in this year we had

that purpose. The authority of that case was

not denied; but it appears, by Brown's Report, the Municipal Corporation Act, and a host that the suitable

that the equitable mortgagee in that case had of smaller amendments.

taken possession of the mortgaged estate ; and The sixth and seventh year is most re- it was argued, that in equity a mortgagee by asmarkable for the Tithe Commutation Act, signinent of the whole leasehold interest, did which will eventually supersede the intri- not become liable to the covenants of the lease cate and confused law of titbes: the Act if he did not take possession; and the cases of for the Registration of Births, Deaths, and

and Sparkes v. Vernon, 2 Vern. 275, and Eillon v.

| Jacques, Jongl. 455, which was expressly over. Marriages; and the Act for allowing Coun. I ruled in Williams v. Bosanguet, 1 Brod. & sel to Prisoners.

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 le- ! fact of a inortgagee by assignment of a lease. gislative career of William the Fourth closes hold interest, iaking actual possession of the with his seventh year. There is little to mortgaged property, is more important in mark that portion of it which has occurred

red equity than it is at law, and the case of Flight v.

Bentley, shows that it was not so considered in the present session.

by the Vice Chancellor.” Jenkins v. Portman, We have now, we think, fairly shewn i Keen, 454. 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 Wil

PRACTICAL POINTS OF GENERAL liam the Law Reformer. But besides these

INTEREST. measures which have become law, innumerable others have been proposed, and we are not to forget that every royal speech has

FOREIGN DIVORCE. itained a recommendation in favour of a In Lolley's case, Russ. & Ry. C. C. 237, 2 reform in the laws.

Clark & Fin. 267 n., it was held that a foreign A new reign now dawns ou us, and we have no doubt that the same desire for judi.

| divorce cannot dissolve an English marriage. cious improvement remains with the throne. Some particulars relating to this case were Thus may it ever be; and may our young furnished by Lord Brougham in a recent case. Queen think it her proudest distinction to carry on the work commenced by her " What was Lolley's case? It was a case the predecessor, and find it her best security strongest possible in favour of the doctrine to simplify and reform the laws of her coun

contended for. It was not a question of civil right, but of felony. Lolley bad bona fide, and in a confidential belief, founded on the autho

rity of the Scotch lawyers, that the scotch diTHE PROPERTY LAWYER. vorce had etfectually dissolved his prior Eng

lish marriage, intermarried in England, living

his first wife. He was tried at Lancaster for ASSIGNEE OF AN UNDERLEASE.

bigamy, and found guilty ; but the point was In the case of Flight v. Bentley, 7 Sim. reserved, and was afterwards argued before all 149; (Dig. for 1837, 16,) it was held by Sir L. the most learned judges of the day, who, after Shadwell, V. C., that a depositary of a lease for hearing the case fully and thoroughly dis.


« PreviousContinue »