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executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate, (s. 6.)
No will of n person under age vali'l.—That no will made by any person under the age of twenty-one years shall be valid, (s. 70
Nor of a feme cover I, except such as might now be made.—That no will made by any married woman shall be valid, except such a will as might have been made by a married woman before the passing of this act. (s. 8.)
Everij will shall be in writing; and signed by the testator in the presence of two witnesses at onetime.—That no will shall be valid unless it shall be in writing and executed in manner heri'in-after mentioned; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be maile or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, (s. i).)
Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed.—That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-beforc required; and every will executed in manner herein-before required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notH-ithstauding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity, (s. 10.)
Soldiers and mariners' wills excepted.—That any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this act. (s. 11.)
Act not to affect certain provisions of\ \ G. 4, and I W.\4, c. 20, with respect to wills of petty officers and seamen and marines.—That this act shall not prejudice or affect any of the provisions contained in an act passed in the eleventh year of the reign of his Majesty King George the Fourth and the first year of the reign of his late Majesty King William the Fourth, iutituled An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy, respecting the wills of petty officers and seamen in the Royal Navy, and noncommissioned otBcers of marines, and marines, so far as relates to their wages, pay, prize money, bounty money, and allowances, or other monies payable in respect of services in her Majesty's navy. (s. 12.)
[TV be continued.] lf\f
THE PROPERTY LAWYER.
By 3 & 4 W. 4, c. 10S, s. 2, it is enacted, "that in every case, descent shall be traced from the purchaser; and to the intent that the pedigree may never be curried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the laud shall, for the purposes of this act, be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser, unless it shall be proved that he inherited the same; and in like manner the last person from whom the land shall be proved to have been inherited, shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same." The following decision has been lately made on this section:—It appeared that in 1808, a person named George Newbald, a foundling in the village of Newbald, purchased the property in dispute; having previously married Mary Jackson, a widow, whose maiden name had been Blackburn, and by whom he had one son, George Newbald the younger. He died in 1815, intestate, leaving his wife and his son, George Newbald the younger, his survivors. His widow died shortly afterwards, and his son entered into possession of the property, as his father's heir at law. The son never married, and died seised, in March 1834, intestate. Upon his death, the defendant took possession of his property, and continued in possession up to the trial. The lessor of the plaintiff claimed as heir at law of the younger Newbald, viz., as grandson of one Jacob Blackburn, who was the eldest brother of Mary, the wife of the foundling, and mother of the younger Newbald. For the defendant, it was contended, that as it appeared from the plaintiff's own case, that George Newbald the elder was illegitimate, that he was the purchaser, and that his son tock the property by inheritance, it would, by virtue of the 3 & 4 W. 4, c. 106, s. 2, escheat; for by that section it is provided, that in future descents shall be traced from the purchaser, and not from the person last seised. There is, indeed, a provision that the last proprietor shall be considered the purchaser, unless it be proved that he inherited: but here the lessor of the plaintiff has proved or admitted that fact. Tracing, then, the descent from the purchaser, vis.: from George Newbald the elder, it is clear that neither J. H Blackburn, the lessor of the plaintiff, nor W. Blackburn the defendant, is his heir at law; and the latter being in possession, the former cannot recover in this action.
Parke, B., was of that opinion: His Lordship said, that such a result could hardly hare been contemplated by the framers of the act; but he did not see how the words of the second section could be got over.
Due d. Blackburn v. Blackburn, 1 Moo. & 'Rob. 517.
NEW BILLS IN PARLIAMENT.
LETTERS PATENT TO TRADING COMPANIES.
This is a bill "for better enabling her Majesty to confer certain powers and immunities ou trading and other companies." It recites that associations are and may be formed for trading or other purposes, some of which associations it would be inexpedient to incorporate by royal charters, although it would be expedient to confer on them some of the privileges of and incident to corporations created by royal charters, and also to invest such associations or some of them with certain other powers and privileges: And that it would also he expedient to extend the powers of her Majesty in reference to the creation of corporations, and to the conferring of privileges upon corporations, and upon other bodies or companies enabled to sue and be sued.
It then recites that by 6 Geo. 4, c. 91, being "An Act to repeal so much of 6 Geo. 1, as relates to the restraining of several extravagant and unwarrantable practices in the said Act mentioned, and for conferring additional Powers upon his Majesty with respect to the granting of Charters of Incorporation to Trading and other Companies," it was amongst other things enacted, that in any charter thereafter to be granted it should be lawful to declare and provide that the members of such corporation should be individually liable in their persons and property for the debts, contracts and engagements of such corporation, to such extent and subject to such regulations and restrictions as should be declared and limited by sach charter: And that by the 4 & 5W. 4, c. 94, being " An Act to enable his Majesty to invest Trading and other Companies with the Powers necessary for the due conduct of their Affairs, and for the Security of the Rights and Interests of their Creditors," his Majesty, his heirs and successors, were empowered to grant to unincorporated companies and associations certain privileges in such last-mentioned act set forth: And that the provisions of the recited acts have not been found effectual for the purposes thereby intended, and it is therefore expedient to repeal the same, and to make such provisions in reference to the several matters aforesaid as are hereinafter contained.
The following enactments are therefore proposed:
1. Repeal of recited acts.
2. Such privileges may be granted by letters patent to persons associated for trading or other purposes, as, according to the rules of the common law, it would be competent to her Majesty to grant to any such company or body of persons in and by any charter of incorpora
i tion. ,
3. Suits way be carried on in the name of one of the officers of. any company to whom letters patent are granted.
4. Indictments to be preferred in the name of an officer of the company.
5. Individual liability of memberi of a company may be restricted by letters patent.
6. Deed of partnership to be executed.
7. Return to be made to the Enrolment Office of the Court of Chancery of the granting of letters patent, and style of company.
8. Name of company not to be changed after registry. If place of business changed, change to be registered.
9. When persons cease to be members of company or corporation, except by transfer of shares, or of change of name of member, the company to make return within three months.
10. On transfer of shares, notice to be given to company or corporation by transferee.
11. Company or corporation to make return within three months after receiving notice of transfer.
12. Persons having made any payment in respect of any share in a company under any judgment against such company, to make a return thereof to Court of Chancery.
13. Company to make return when repayment is made of mouey so advanced by any person.
14. On death, resignation or removal of officer appointed to sue and be sued on behalf of company or body, another to be appointed, and return made.
15. Returns how signed and verified.
16. Return of names of members, &c. not to be rendered invalid by unintentional error.
17- Returns to be enrolled.
18. Certified copy of such return, &c. to be received in evidence.
19. Lord Chancellor, Lord Keeper, and Master of the Rolls to make regulations as to keeping registry.
20. No person entitled to share in profits till registered as a member.
21. Person ceasing to be member to continue liable to third persons till transfer, &c. registered.
22. Proceedings commenced in the name of officer not to be abated by his death, &c. or by change of members of company.
23. Evidence of officer and member of company or corporation admissible.
24. Judgments against company.
25. Bankruptcy of officer of company not to affect company or liabilities of members.
26. Service of notice on the company, by leaving the lame at the head office for the time being of the laid company or body.
27. Service of notice by the company, signed by the clerk, attorney or solicitor for the time being of the said company.
28. Determination of company not to prevent winding up affairs of the same.
29. A portion of the powers and privileges granted by letters patent may be conferred, if her Majesty thinks fit.
30. Duration of charters of incorporation may be limited.
31. Act not to authorize granting privileges derogative of privileges now enjoyed by act of parliament.
32. Notice of application for letters patent to be inserted in the London Gazette.
CENTRAL CRIMINAL COURT.
This is "A Bill to assimilate the Practice of the Central Criminal Court to other Courts of Criminal Judicature within the Kingdom of England and Wales, with respect to offenders liable to the punishment of death." It recites that it is expedient to assimilate the practice of the Central Criminal Court to other Courts of Criminal Judicature within the kingdom of England and wales, with respect to offenders liable to the punishment of death; and the proposed enactments are as follow:
1. No report to be made to her Majesty, of the case of any capital convict at the Central Criminal Court.
2. With respect to offenders now under sentence of death, in case the Judge before whom any such offender has been tried, shall he of opinion that, under the circumstances of such offender's case, the sentence of the law ought to carried into effect, it shall be lawful for such judge, and he is hereby required, as soon after the passing of this act as conveniently may be, to order and direct execution to be done on such offender at such time and place as he shall think fit (the time so to be appointed not being less than seven days nor more than twenty-one days from the making of such order); and thereupon the sheriff or other proper officer in whose custody any such offender shall be, shall carry such sentence into effect at such time ami place as may be specified in such order.
3. Whenever anv offender shall hereafter be convicted before the said Court of any crime for which such offender shall be liable to the punishment of death, and the Court shall be of opinion that, under the particular circumstances of the case, such offender is a fit and proper subject to be recommended for the royal mercy, it shall and may be lawful for such Court, if it shall think fit so to do, to direct the proper officer, then being present In Court, to require and ask (whereupon such officer shall require and ask) if such offender hath or knoweth any thing to say, why judgment of death should not be recorded against such offender, and in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the Court shall and may and is hereby authorized to abstain from pronouncing judgment of death upon such offender, and instead of pronouncing such judgment to order the same to be entered of record, and thereupon such proper officer as aforesaid shall and may and is hereby authorized to enter judgment of death on record against such offender, in the usual and accustomed form, and in such and the same manner as is now used, and as if judgment of death had actually been pronounced in open Court against such offender by the Court.
4. Record of judgment to have the same effect as if pronounced.
5. Whenever any offender shall hereafter be convicted before the said.Court of any offence
for which such offender shall be liable to and shall receive sentence of death, and the said Court shall be of opinion that, under the circumstances of the case, the judgment of the law ought to be carried into effect, it shall be lawful for the said Court, and such court is hereby required to order and direct execution to be done on such offender at such time and place as such court shall think fit to direct and appoint (the time to be appointed not being less than seven days nor more than twenty-one days after the passing of judgment on such offender); and thereupon the sheriff or other proper officer in whose custody such offender shall be, upon the receipt of the order of conrt, signed by the proper officer and countersigned by the Recorder of the City of London, shall carry such sentence into effect at such time and place as may be specified in such order.
6. Recorder to make report to Secretary of State of prisoners to be executed.
7- Recorder to make report of prisoners recommended to mercy on condition.
8. Not to affect her Majesty's royal prerogative.
9. Saving the rights of the City of London.
ADMINISTRATION OF JUSTICE IN NEW SOUTH
This is a bill to continue until 31st December 1838, and to the end of the then next session of parliament, the act of 9 G. 4, c. 83, for the administration of justice in New isoutn Wales, and Van Dieman's Land.
By this bill it is proposed to be enacteu, that the rates and taxes of persons already on the register of parliamentary electors for boroughs, need not be paid beyond the 11th day of the previous October. It also proposes to abolish the stamp duty on the admission of freemen.
By this bill Lords Justices are to be appointed in case the successor to the crown be out ot the realm at the Queen's death.
LAW OF COVERTURE.
This is a bill to render the property of married women liable to debts contracted wnue living apart from their husbands. The provisions of the bill were stated. Vol. 13, p. -■»• It has only now been printed, and cannot proceed further this Session.
Notices of New Books: Dr. Robinson's Magistrate's Pocket-Book.
NOTICES OF NEW BOOKS.
Dr. Robinson s Magistrate's Pocket-Book; or, An Epitome of the Duties and Practice of a Justice of the Peace, out of Sessions, alphabetically arranged; to which is added a Copious and General Index. Second Edition, with considerable Alterations and Additions. By John Frederick Archbold, Esq. Banister at Law. London: John Richards and Co.
This is a new Edition, by Mr. Archbold, of Dr. Robinson's Magistrates' Pocket-book. The work was first prepared by Dr. Robinson, for his own use as a magistrate, and he was afterwards induced to publish it, in the expectation (which has been fully realized) that it would be serviceable to the Magistracy generally, and to Practitioners and others connected with the administration of the Criminal Law.
Mr. Archbold, in his Preface to the present edition, states, that
"So many alterations have been made in (he law relative to the duties of Justices of the Peace, since this work was last published, that I have been obliged to re-write a very considerable portion of it. Of this I had very little idea, when, at the pressing instance of a particular friend, I first undertook the duties of editor; if I had, I most assuredly would have declined the task.
"In editing this work, I have thought it best to expunge all such parts of it as were obsolete, and to substitute the law as it is at present upon the same subjects. In doing this, I hope I shall not be deemed guilty of any want of courtesy to the learned author of the work. If I had retained that which had been wholly altered by subsequent statutes, it would be useless or worse, in a work like this, adding to its bulk and price, without at the same time adding to its value; had I appended the new matter by way of notes, it would be subject to the same objection. But in doing as 1 have done, I think I have acted precisely as the learned author himself would have done, if his other avocations would have allowed him to edit the work. And that it may not be thought that I wished to arrogate to myself any portion of the merit due to the learned author, I have taken care to distinguish the matter I have added, from the original work: what I have added will be found included between brackets; and for the correctness of that, I alone am responsible."
The plan of expunging the obsolete parts of the Law, and introducing into the text the changes which have taken place since the time of the first edition, is a manifest improvement on the old method of editing books. It has been recently adopted, as
many of our readers are aware, in editions of the 2d and 3d volumes of Blackstone'a Commentaries. We think that Mr. Archbold has ably and carefully edited the present edition, and that, in its improved state, it will be found generally useful to Magistrates and the Members of the Profession engaged in proceedings before Justices of the Peace.
As an example of the Work, we give the following, undeT the head of " Attorney:"
"1. An attorney has no right to be present, or interfere with the duties of a justice in his own justice-room, on the hearing of any information.
"2. It was decided (in the case of R. v. Borron, 3 Barn.& Aid. 432), that an attorney has no right to be present during the investigation of a charge of felony before a justice.
"3. It was also decided in the case of Cox, gent., one., &c, v. Coleridge, Esq., 1 Barn. & Cress. 37.) that a prisoner on his examination before a magistrate on a charge of felony, is not entitled, as a matter of right, to have any person skilled in the law present to advocate for him.
[" 4. The rule which seems to be now established by the decided cases, is thus: an attorney has no right to interfere, as advocate or otherwise, for or against a prisoner, charged before a magistrate with felony or indictable misdemeanor; indeed, he has no right even to be present; for this being merely a preliminary proceeding, to ascertain whether there are sufficient grounds for sending the prisoner to his trial before the grand jurv, it is similar to the enquiry before the grand jury, and no person has a right to interfere, nor is the justices' room upon such an occasion deemed an open court. (Cox v. Coleridge, 1 Barn, and C. 37.) For the same reason, an attorney has no right to act for the prosecutor, in making a charge of felony or indictable misdemeanor, against a person not in custody, for the purpose of obtaining a warrant against him. (R. v. Borron, 3 B. & Aid. 43.); but where justices proceed upon an information, in a case where they may summarily convict, their room is then to be deemed an open court, and an attorney as well as the rest of the public, has aright to be present. (Dambiiry v. Cooper, 10 Barn, and C. 2370 He has no right, however, to act as advocate for either party, unless the justices consent to it. (Collier v. Hichs, 2 Barn. & Adolph. [663.) He may advise and make suggestions to his client, but he cannot without leave interfere in the course of the proceedings. (Id.) In all these cases however the justices may, and frequently do, allow attorneys to act for the prisoner or prosecutor, and even sometimes allow a case to stand over until the prisoner's attorney is in attendance; but this must be considered a matter of courtesy, not of right."]
Objections to the Country
Fiats in Bankruptcy Bill.
OBJECTIONS TO THE COUNTRY FIATS IN BANKRUPTCY BILL.
This bill, which -we recently noticed," proposes to authorize the Lord Chancellor to create a new set of commissioners of bankrupt, not to supersede the present commissioners of bankrupt, " but to examine the proceedings under any commission cr fiat in bankruptcy already issued, or hereafter to be issued, and to proceed in the discovery of property belonging to any bankrupt's estate within the districts to which their commissions may extend, and to ascertain what part of such estate has been received, and how the same has been applied, and what dividends have been ordered, and what payments have been made thereon." The new commissioners are to travel through the kingdom, and each, during the period he is so employed, is to be paid at the rate of twelve hundred pounds per annum, unless he happens to be a Commissioner of the Court of Bankruptcy, in which case he is to be paid during such period of his employment under the proposed bill at the rate of five hundred pounds per annum, in addition to his salary as a Commissioner of the Court of Bankruptcy. Each of the commissioners is to have his own registrar to attend upon him, and each registrar during the period of his employment is to be paid at the rate of five hundred pounds per annum. And in addition to his salary, each of the commissioners and registrars is to have his "travelling and other needful expenses under the act."
Our readers are aware that the country commissioners of bankrupt are now, and have been for several years past, appointed by the Lord Chancellor, on the recommendation of the Judges; each fiat is directed to five commissioners, (namely, two barristers and three solicitors,) and at each meeting under the fiat, one, at least, of the commissioners in attendance must be a barrister; generally two barristers are present at each meeting; and such barristers are of the same rank in the profession as the commissioner to whose supervision their proceedings are proposed to be subjected. Each of the present commissioners of bankrupt, before proceeding to act under any fiat, takes an oath that he will faithfully discharge his duty as commissioner under that fiat, while the bill does not
» See p. 89, ante.
make it incumbent on the itinerant commissioner to take upon himself the obligation of an oath.
Upon what principle, then, can it be sought to confer an authority on the itinerant commissioner to investigate or interfere with the proceedings under fiats at present in prosecution? Upon none other, it would seem, than that the present country commissioners of bankrupt are not sufficiently to be trusted to discharge their duty as they ought to do; which is at least a gratuitous reflection upon those gentlemen. If it should be said by the friends of the bill that the supervision of the itinerant commissioner is rather to be directed to commissions of bankruptcy issued prior to the period of the appointment of commissioners by the Lord Chancellor, it may be answered, that though commissioners of bankrupt were not then appointed by the Chancellor, one of the commissioners, at the least, acting under such commission, was still a barrister of the same rank as the itinerant commissioner, and there was still the obligation of an oath upon all the commisioners. The bill also refers to the powers to be exercised by the itinerant commissioners in the cases of commissions where the commissioners appointed to act under such commissions are no longer [in existence, or where such commissions themselves are no longer in course of prosecution.
The least reflection cannot fail to show what mischievous consequences this part of the bill might effect: no limitation of time, —no prescription,—no regard to the fact of a bankrupt's estate having been fully wound up and administered, and all accounts connected with it finally closed, long ago, is to be allowed to deter the itinerant commissioner from entering upon his inquisitorial investigation. An assignee whose trust has virtually expired many years ago, who has faithfully discharged that trust, discharged it too in a manner that may have earned for him the applause of the body of creditors, must, at the summons of the itinerant commissioner, attend before him, and give to him an account of his stewardship, and be liable to have the whole of the assigneeship accounts opened, though those accounts have all, years ago, been approved and allowed, and closed by the commissioners under the commission, ami where, in many cases, no doubt, the vouchers for the assignee's payments are lo3t or destroyed; and though the commissioners themselves, and most of the ere