Parliamentary Proceedings.—Sittings.-The Editor's Letter Box.

Mr. Serjt. Talfourd. discharges within the hours prescribed by Mr. Serjt. Talfourd. the Rule of Court, in order to give full time for enquiry.

Adjourned Sittings after Trinity Term, 1837. Courts; together with a variety of other mat

THE COMING ELECTIONS.

THE Dissolution of Parliament, which we believe will take place sometime between the 15th and the 20th of the present month, is a very important event to the legal public. The General Election, which will immediately follow, will engage in various ways the services of a very great portion of our body-very generally as electors-in a great many cases as agents-and in some instances as candidates. It has been alike to the honour of the country and our profession, that from its ranks-except in one memorable instance-have always been selected a very fair proportion of the Representatives of the People. The Law is the only one of the learned professions which finds its way into the House of Commons. Divinity is excluded by statute, and Medicine excludes itself.

profession throughout the country notoriously exercises greater influence than any other body of men. They are in most cases the persons employed to do -to speak-to manthe work-to canvassage. We would have them consider, therefore, whether this influence may not be fairly and usefully exerted for the relief of those grievances which affect the profession, and through them, the suitor. The time is coming when the claims of the unmerited state pensioner and state sineWe trust that curist are to be considered. the legal sinecurists and the legal pensionlist will not escape. We sincerely hopesuch although we fear it is too late to express a hope-that the Common Law Offices Bill may not pass this Session. We were happy to see that Lord Langdale made the stand we expected against the clauses providing compensation for the offices intended to be abolished by that Bill. We do not say that some of their holders may not make out cases for compensation; but, as a whole, they have no such claim. The Bill should be postponed to another Parliament, which, we trust, may meet in a spirit to relieve the suitor from these oppressive burdens, which act as a direct tax on the administration of justice. We are anxious to have the opinions of candidates on this question. A minor subject, perhaps, but one of considerable importance, is the state of the Inns of Court-the maladministration of their trust property-the want of lectures, and examinations before a law degree is conferred. These are subjects on which we feel much interest from having repeatedly brought them before our readers; but there are many others, all coming under the general name of LAW REFORM, which will readily occur, which might, and should be, presented to can

We have reason to think that the honour of being enrolled in the first Parliament of Queen Victoria will be sought for at least as eagerly, and contested at least as severely, by the lawyers, as a similar honour on any former occasion. We shall probably be able next week to furnish a correct list of the various places to which they aspire. At present we have few sources of information to guide us but the newspapers, which are in general little to We shall be depended on in these times. therefore abstain from mentioning any we have names whatever this week, as always considered it beside our purpose to give our readers any information or intelligence which they may obtain for themselves from these daily sources of news. We would rather exhort the electors, and especially the legal electors, to demand from their representatives their sentiments on the great questions of legal reform. The didates. VOL. XIV.-No. 407.

M

In the meantime the present Parliament | penalties, the word "offender " has been once is not idle. The Wills Act received the inserted by mistake instead of the word "offence;" it is enacted, that in all cases in Royal Assent on Monday, but does not come into operation until the 1st of Jan. which any justices are by the last recited act authorized to imprison any offender against 1838; and the other Legal Bills are rapidly the last recited act, the place of imprisonment passing through the last stages. shall be the common gaol or house of correction for the county, city, or place where the offence shall be committed. (s. 4.)

CHANGES IN THE LAW IN THE
PRESENT SESSION OF PARLIA-
MENT.

No. I.

MARRIAGES AND REGISTRATION, 1 Viet. c. 22. This is "An Act to explain and amend two Acts passed in the last Session of Parliament, for Marriages, and for registering Births, Deaths, and Marriages in England." It received the royal assent on the 30th June 1837,

and the enactinents are as follow:

Frivolous Caveats.-For the purpose of enabling any person to recover costs and damages in any action, as provided by the said act for marriages, from any person who shall have entered a caveat on frivolous grounds with the superintendent registrar, a copy of the declaration of the registrar general purporting to be office shall be evidence that the registrar genesealed with the seal of the general register ral has declared such caveat to have been entered on frivolous grounds, and that they ought not to obstruct the grant of the licence or issue of the certificate, as the case may be ; and such declaration shall have the effect of the declaration required in such case by the said act for marriages. (s. 5.)

Notice. That where in the act for marriages in England, (6 & 7 W. 4, c. 85,) provision is made for giving notice of marriage to any Marine Registration.—It having been doubtregistrar, and where in the act (6 & 7 W. ed, under the provisions of the said act for 4, c. 86), or any schedule thereunto annexed, registering birth, deaths, and marriages in mention is made of any such notice, or of the England, when the registration of the births registrar's certificate of any such notice, the and deaths of persons born and dying at sea same shall be construed respectively to mean ought to begin; it is enacted, that the marine the notice to be given to the superintendent register books shall begin with the birth and registrar, and the certificate thereof to be death respectively which shall happen of perissued by the superintendent registrar, accord-sons born or dying at sea after the last day of ing to the provisions for that purpose contained in the last recited act. (s. 1.)

June, one thousand eight hundred and thirtyseven, and of which a certificate shall be first Baptismal Certificate.-By the act for regis- sent to the registrar general according to the tering births, deaths, and marriages it is pro-provisions of the last recited act, and shall not vided, that, in the case of any child to which contain any registry of the birth or death of any name shall be given in baptism after its any person born or dying at sea before the birth shall have been registered under the pro-first day of July One thousand eight hundred visions of the said act, a certificate shall be and thirty-seven. (s. 6.) delivered in manner provided by the said act, signed by the minister who shall have performed the rite of baptism, and that the registrar shall certify upon the said certificate the additional entry in the register book thereupon required by the said act to be made, and shall forthwith send the said certificate through the Post Office to the registrar general; it is enacted, that the certificate that such additional entry has been made shall be made and sent as afore said by the registrar or superintendent registrar, as the case may be, to whom the minister's certificate shall have been delivered according to the provisions of the said act. (s. 2.)

Franking. The registrar general may receive and send by the general post from and to all parts and places in the United Kingdom of Great Britain and Ireland all letters and packets relating exclusively to the execution of the said acts for marriages, and for registering births, deaths, and marriages, or of this act, free from the duty of postage, subject to the provisious and conditions of the said act for registering births, deaths, and marriages, with respect to letters and packets so received or sent by him from and to places in England. (s. 7.)

Place of Birth and Death.-The registrar Licences. Every superintendent registrar general, if he shall think fit, may direct that who shall knowingly and wilfully issue any the place of birth or death of any person licence for marriage after the expiration of whose birth or death shall be registered under three calendar months after the notice shall the said act for registering births, deaths, and bave been entered by the superintendent regis-marriages, shall be added to the entry in such trar, as provided by the said act for marriages, or who shall knowingly and wilfully solemnize or permit to be solemnized in his office, any inarriage in the last recited act declared to be null and void, shall be guilty of felony. (s. 3.) Extra Parochial Places. The registrarCommittals. In that part of the act for general, with the consent of the Poor Law registering births, deaths, and marriages in Commissioners, may direct that any place England which provides for the recovery oflying wholly within but not being part of any

manner as the registrar general shall direct; and such addition, when so made, shall be taken to all intents to be part of the entry in the register. (s. 8.)

Changes in the Law.

union, parish, or place for which a board off guardians shall have been established under the provisions of 4 & 5 W. 4, c. 76, shall be part of any one or more registrars' districts within such union, parish, or place, and within the superintendence of the superintendent registrar thereof, or if not lying wholly within any one such union, parish, or place as last aforesaid, then to be for those purposes annexed to such union, parish, or place as last aforesaid, as the registrar general, with the consent of the Poor Law Commissioners, shall direct. (s. 9.)

171

The registrar general, if he shall see fit, with the approval of one of her Majesty's Principal Secretaries of State, may divide any union, parish, or place, or any superintendent registrar's district, into two or more superintendent registrars' districts, and notice of every such division shall be published in the London Gazette; and in every such case the guardians shall appoint a sufficient number of persons, with such qualifications as the registrar general may by any general rule declare to be necessary, to be superintendent registrars of the new districts, and shall also appoint the district for which the clerk to the guardians or other person who may have been theretofore appointed as superintendent registrar of the whole union, parish, or place, shall continue to be superintendent registrar; and every provision of the said recited acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and the districts under their superintendence, shall apply to every superintendent registrar so appointed, and to the district for which he shall be so appointed. (s. 11.)

Superintendent Registrar's Office.-The superintendent registrar's office shall be taken, for the purposes of the said act for marriages, and for registering births, deaths, and marriages, and of this act, to be within the district of which it is the registrar office, although not locally situated therein. (s. 12.)

Union of Districts.-The registrar general, if he shall see fit, with the approval of one of her Majesty's Principal Secretaries of State, may unite any two or more unions, parishes, or places for which a board of guardians shall have been established under the act last aforesaid, or any two or more superintendent registrars' districts into one superintendent registrar's district; and in every such case of union the registrar general shall declare by which board of guardians the superintendent registrar shall thenceforward be appointed; and the superintendent registrar of the union, parish, or place for which such board is established shall from the time of such union be the sole superintendent registrar of such united district; and every provision of the said acts for marriages, and for registering births, deaths, and marriages, relating to superintendent registrars, and to the districts under their super- Forming Districts.-In case any such board intendence, and to boards of guardians within of guardians of any union, parish, or place as such districts, shall apply to every such super- aforesaid shall not have divided such union, intendent registrar, and to every such district, parish, or place into registrar's districts, with and to the board of guardians so selected and the approval of the registrar general, before declared; and all register boxes, keys, books, the first day of July now next ensuing, in case documents, and papers in the possession of the said board was established before the first any superintendent registrar who shall cease day of March now last past, or within three to be such under the provisions of this act calendar months next after their establishment, shall be delivered to the superintendent regis- in case the said board shall have been estabtrar of the united district, and may be reco-lished on or after the said first day of March, vered in the manner provided by the lastrecited acts, and shall be removed from the office of the person ceasing to be superintendent registrar to the office of the superintendent registrar of the united district; and the office of every superintendent registrar ceasing to be such under the provisions of this act shall from the time of such union as last aforesaid cease to be a register office within the meaning of the said last-recited acts, and it shall be lawful for the Commissioners of her Majesty's Treasury, or any three of them, to eause to be repaid out of the consolidated fund such sum as the board of guardians shall have legally paid or for which they may have Jawfully become liable as such guardians, for the sole purpose of providing a register office; and in every case in which such union as last aforesaid shall be intended to take place the registrar general shall give public notice thereof, and of the time when the same shall take effect, by advertisement in the London Gazette, and in some newspaper circulating within the county; and every such union shall take effect from the day named in such adver-ral. (s. 14.) tisement in the London Gazette. (s, 10.)

the Poor Law Commissioners for England and Wales shall divide such union, parish, or place into registrars' districts, and shall appoint a registrar to each of such districts, qualified according to the provisions of the said Act for registering births, deaths, and marriages; and every registrar so appointed shall hold his office during the pleasure of the registrar general. (s. 13.)

Appointing Registrars, Deputies, &c.-In every case in which the clerk to any such board of guardians shall not think fit or shall be disqualified to accept the office of superintendent registrar, and the guardians shall refuse or ne glect during fourteen days after being required so to do by the registrar general to appoint a superintendent registrar properly qualified, and in every case of vacany of the office of registrar or superintendent registrar in any such union, parish, or place in which the guardians shall refuse or neglect during fourteen days after such vacancy to appoint a registrar or superintendent registrar properly qualified, the appointment shall lapse to the registrar gene

The registrar general shall have power, sub

poor rates of the parish, union, or place of which they are the guardians, in the manner provided by the said act for amending the laws relating to the poor with respect to monies borrowed for building workhouses for the relief of the poor; save only that the yearly instalments by which any money borrowed as aforesaid shall be repaid shall not be less than one twentieth of the sum borrowed, with interest on the same, and need not be more in any one year. (s. 19.)

ject to the approval of the commissioners of amount of the sum borrowed on the future the Treasury, to appoint by writing under his hand a fit person to act as his assistant in the case of the illness of the registrar general; and every such assistant, while so acting, shall have all the powers and duties and be subject to all the provisions and penalties declared by the said acts for marriages, and for registering births, deaths, and marriages in England, and by this act or any of them; except that such assistant shall not have power to make or declare any general rule, or to rescind or alter any order, regulation, or approval signified and made by the registrar general in writing under his hand, or to dismiss any person from any office holden during the pleasure of the registrar general. (s. 15.)

In any case in which any such board of guardians shall neglect or refuse to provide and uphold a register office according to the provisions of the said act for registering births, deaths, and marriages, it shall be lawful for the commissioners of the Treasury, or any three of them, on the application of the registrar general, to give directions for providing and upholding the same, and to expend a sum not exceeding three hundred pounds in providing the same, and also all sums needful for the repair and maintenance thereof from time to time, in case the guardians shall continue to refuse or neglect to repair and uphold the same; and it shall be lawful for the said commissioners, or any three of them, to make an order from time to time on such guardians for the repayment, out of the monies coming to their hands as such guardians, of all sums so to be from time to time expended, and such order shall be binding upon the said guardians, and the guardians shall also be bound to pay out of the monies coming to their hands as such guardians all costs and expences incurred by or under the direction of the said commissioners in making and enforcing such

Every superintendent registrar shall have the power, subject to the approval of the registrar general, to appoint by writing under his hand a fit person to act as his deputy in case of the illness or absence of such superintendent registrar; and every such deputy superintendent registrar, whilst so acting, shall have all the powers and duties, and be subject to all the provisions and penalties declared by the said acts for marriages, and for registering births, deaths, and marriages in England, and by this act, concerning superintendent registrars; and in case of the death of the superintendent registrar shall act as superintendent registrar until another be appointed; and every superintendent registrar shall be civilly responsible for the acts and omissions of his deputy. (s. 16.) Whenever there are two or more clerks to the guardians of any union, parish, or place, established under the provisions of the said act for amending the laws relating to the poor, one only of whom shall possess such qualifica-order. (s. 20.)) tions as the registrar general by any general Until a register office shall be provided in rule hath declared or shall declare to be ne-any superintendent registrar's district, the cessary, or one only of whom shall think fit to accept the office of superintendent registrar of such union, parish, or place, such one shall be the superintendent registrar of such union, parish, or place; and if two or more of such Registrars of Marriage and Notices.-The clerks shall possess such qualifications as afore-registrar general shall be authorized to fix said, and be willing to accept such office, then from time to time the number of registrars of such guardians shall elect and choose one of marriage to be appointed by any superinten such clerks (possessing such qualifications as dent registrar; and no superintendent regisaforesaid) to be the superintendent registrar trar shall have power to appoint more than of such union, parish, or place; and that no the number so fixed for him to appoint. (s. 22.) other person shall be or be elected or appointed The registrar general, under the direction to be superintendent registrar of any such of one of her Majesty's principal Secretaries union, parish, or place, unless all the clerks to of State, shall take order that the solemn dethe board of guardians (possessing such quali-claration and form of words provided to be fications as aforesaid) shall not think fit to used in the case of marriages under the said accept such office. (s. 17.) act for marriages be truly and exactly transEvery registrar of births and deaths and lated into the Welsh tongue, and shall cause every registrar of marriages appointed under the same so translated to be furnished to every the provisions of the said acts or either of them registrar of marriages throughout Wales, and shall be freed and exempted from being re-in all places where the Welsh tongue is comturned and from serving on any jury or inquest, and from every parochial and corporate office whatever. (s. 18.)

Register Offices.-For better enabling fit register offices to be provided, it shall be lawful for any such board of guardians to borrow money for that purpose, and to charge the

superintendent registrar shall appropriate some fit room or rooms, to be approved by the registrar general, as the superintendent registrar's office of that district. (s. 21.)

monly used; and it shall be lawful to use the declaration and form of words so translated, and published by authority, in all places where the Welsh tongue is commouly used or preferred, in such manner and form and to the said intents and purposes as by the said act is prescribed in the English tongue. (s. 23.)