188 Changes in the Law.-New Bills in Parliament. executor or adininistrator 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 a person under age valid.-That no will made by any person under the age of twenty-one years shall be valid. (s. 7.) THE PROPERTY LAWYER. DESCENTS ACT. By 3 & 4 W. 4, c. 106, 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 carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land shall, for the purposes of this act, be considered to have been the Nor of a feme covert, except such as might that he inherited the same, in which case the purchaser thereof, unless it shall be proved now be made.-That no will made by any married woman shall be valid, except such a person from whom he inherited the same shall will as might have been made by a married be considered to have been the purchaser, unwoman before the passing of this act. (s. 8.) less it shall be proved that he inherited the Every will shall be in writing, and signed by from whom the land shall be proved to have same; and in like manner the last person the testator in the presence of two witnesses at one time. That no will shall be valid unless it been inherited, shall in every case be considered shall be in writing and executed in manner to have been the purchaser, unless it shall be herein-after mentioned; (that is to say,) it proved that he inherited the same." The folshall be signed at the foot or end thereof by lowing decision has been lately made on this the testator, or by some other person in his section:-It appeared that in 1808, a person presence and by his direction; and such sig-named George Newbald, a foundling in the nature shall be made or acknowledged by the village of Newbald, purchased the property in testator in the presence of two or more wit- dispute; having previously married Mary nesses present at the same time, and such wit-Jackson, a widow, whose maiden name had nesses shall attest and shall subscribe the will been Blackburn, and by whom he had one son, He died in in the presence of the testator, but no form of George Newbald the younger. attestation shall be necessary. (s. 9.) 1815, intestate, leaving his wife and his son, Appointments by will to be executed like George Newbald the younger, his survivors. other wills, and to be valid, although other reHis widow died shortly afterwards, and his quired solemnities are not observed. That no son entered into possession of the property, as his father's heir at law. The son never appointment made by will, in exercise of any power, shall be valid, unless the same be exe-married, and died seised, in March 1834, incuted in manner herein-before required; and every will executed in manner herein-before required shall, so far as respects the execu tion and attestation thereof, be a valid execution of a power of appointment by will, not-Newbald, viz., as grandson of one Jacob withstanding 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.) testate. 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 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 Soldiers and mariners' wills excepted.—That elder was illegitimate, that he was the purany soldier being in actual military service, inheritance, it would, by virtue of the 3 & 4 chaser, and that his son tock the property by or any mariner or seaman being at sea, may W. 4, c. 106, s. 2, escheat; for by that section dispose of his personal estate as he might have it is provided, that in future descents shall be done before the making of this act. (s. 11.) traced from the purchaser, and not from the vision that the last proprietor shall be conperson last seised. There is, indeed, a prosidered the purchaser, unless it be proved that he inherited: but here the lessor of the plainthen, the descent from the purchaser, viz.: tiff has proved or admitted that fact. Tracing, 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 posses Act not to affect certain provisions of 11 G. 4, and 1 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, intituled An Act to amend and conso-lidate the Laws relating to the Pay of the Royal Navy, respecting the wills of petty of ficers and seamen in the Royal Navy, and noncommissioned officers of marines, and unarines, 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.) [To be continued.] 204 sion, the former cannot recover in this action. Purke, B., was of that opinion: His Lordship said, that such a result could hardly have been contemplated by the framers of the act; but he did not see how the words of the second section could be got over. Doe d. Blackburn v. Blackburn, 1 Moo. & Rob. 547. New Bills in Panliament. 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 pri vileges 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 be 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. 189 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 money 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 nanes 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. 20. No person entitled to share in profits till registered as a member. 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 19. Lord Chancellor, Lord Keeper, and engagements of such corporation, to such ex-Master of the Rolls to make regulations as to tent and subject to such regulations and re-keeping registry. strictions as should be declared and limited by such charter: And that by the 4 & 5 W. 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 incorporation. 3. Suits may 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 members of a company may be restricted by letters patent. 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 same at the head office for the time being of the said 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. 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 court, 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. 2. With respect to offenders now under sentence of death, in case the Judge before whom any such offender has been tried, shall be 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 ADMINISTRATION OF JUSTICE IN NEW SOUTH 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 and place as may be specified in such order. 3. Whenever any 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 WALES. 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 South Wales, and Van Dieman's Land. 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. Barrister at Law. London: John Richards and Co. 191 many of our readers are aware, in editions of the 2d and 3d volumes of Blackstone's 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, under 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. THIS is a new Edition, by Mr. Archbold, of Dr. Robinson's Magistrates' Pocket-book. The work was first prepared by Dr. Robin"2. It was decided (in the case of R. v. son, for his own use as a magistrate, and he was afterwards induced to publish it, in Borron, 3 Barn. & Ald. 432), that an attorney has no right to be present during the investithe expectation (which has been fully rea-gation of a charge of felony before a justice. lized) that it would be serviceable to the "3. It was also decided in the case of Cox, Magistracy generally, and to Practitioners gent., one., &c., v. Coleridge, Esq., 1 Barn. & and others connected with the administra-Cress. 37.) that a prisoner on his examination tion of the Criminal Law. before a magistrate on a charge of felony, is Mr. Archbold, in his Preface to the pre-not entitled, as a matter of right, to have any sent edition, states, that person skilled in the law present to advocate for him. "So many alterations have been made in ["4. The rule which seems to be now estab. the law relative to the duties of Justices of the lished by the decided cases, is thus: an attorPeace, since this work was last published, that ney has no right to interfere, as advocate or I have been obliged to re-write a very consi- otherwise, for or against a prisoner, charged derable portion of it. Of this I had very little before a magistrate with felony or indictable idea, when, at the pressing instance of a par- misdemeanor; indeed, he has no right even ticular friend, I first undertook the duties of to be present; for this being merely a preeditor; if I had, I most assuredly would have de-liminary proceeding, to ascertain whether clined the task. there are sufficient grounds for sending the "In editing this work, I have thought it best prisoner to his trial before the grand jurv, it is to expunge all such parts of it as were obso- similar to the enquiry before the grand jury, lete, and to substitute the law as it is at present and no person has a right to interfere, nor is upon the same subjects. In doing this, I hope the justices' room upon such an occasion deemI shall not be deemed guilty of any want of ed an open court. (Cox v. Coleridge, 1 Barn. courtesy to the learned author of the work. If and C. 37.) For the same reason, an attorney I had retained that which had been wholly has no right to act for the prosecutor, in makaltered by subsequent statutes, it would be use-ing a charge of felony or indictable misdemealess or worse, in a work like this, adding to its nor, against a person not in custody, for the bulk and price, without at the same time add- purpose of obtaining a warrant against him. ing to its value; had I appended the new mat-(R. v. Borron, 3 B. & Ald. 43.); but where ter by way of notes, it would be subject to the same objection. But in doing as I 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 respon sible." 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 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 a right to be present. (Dambury v. Cooper, 10 Barn. and C. 237.) He has no right, however, to act as advocate for either party, unless the justices consent to it. (Collier v. Hicks, 2 Barn. & Adolph. '663.) He may advise and make suggestions to his client, but he cannot without leave interfere in the course of the proccedings. (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."] 192 Objections to the Country Fiats in Bankruptcy Bill. OBJECTIONS TO THE COUNTRY FIATS IN BANKRUPTCY 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 itine THIS bill, which we recently noticed, pro-rant commissioner to investigate or interposes to authorize the Lord Chancellor to fere with the proceedings under fiats at create a new set of commissioners of bank- present in prosecution? Upon none other, rupt, not to supersede the present commis- it would seem, than that the present country sioners of bankrupt, "but to examine the commissioners of bankrupt are not sufficiproceedings under any commission cr fiat ently to be trusted to discharge their duty in bankruptcy already issued, or hereafter as they ought to do; which is at least a to be issued, and to proceed in the disco- gratuitous reflection upon those gentlemen. very of property belonging to any bank- If it should be said by the friends of the rupt's estate within the districts to which bill that the supervision of the itinerant their commissions may extend, and to as- commissioner is rather to be directed to certain what part of such estate has been commissions of bankruptcy issued prior to received, and how the same has been ap- the period of the appointment of commisplied, and what dividends have been or- sioners by the Lord Chancellor, it may be dered, and what payments have been made answered, that though commissioners of thereon." The new commissioners are to bankrupt were not then appointed by the travel through the kingdom, and each, du- Chancellor, one of the commissioners, at ring the period he is so employed, is to be the least, acting under such commission, paid at the rate of twelve hundred pounds was still a barrister of the same rank as the per annum, unless he happens to be a Com- itinerant commissioner, and there was still missioner of the Court of Bankruptcy, in the obligation of an oath upon all the comwhich case he is to be paid during such misioners. The bill also refers to the powperiod of his employment under the pro-ers to be exercised by the itinerant composed bill at the rate of five hundred pounds missioners in the cases of commissions per annum, in addition to his salary as a where the commissioners appointed to act Commissioner of the Court of Bankruptcy. under such commissions are no longer in Each of the commissioners is to have his existence, or where such commissions themown registrar to attend upon him, and cach selves are no longer in course of prosecuregistrar during the period of his employ- tion. ment 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.' 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 com 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 missioner from entering upon his inquisirecommendation of the Judges; each fiat torial investigation. An assignee whose is directed to five commissioners, (namely, trust has virtually expired many years ago, two barristers and three solicitors,) and at who has faithfully discharged that trust, each meeting under the fiat, one, at least, discharged it too in a manner that may of the commissioners in attendance must be have earned for him the applause of the a barrister; generally two barristers are body of creditors, must, at the summons of present at each meeting; and such barris- the itinerant commissioner, attend before ters are of the same rank in the profession him, and give to him an account of his as the commissioner to whose supervision stewardship, and be liable to have the their proceedings are proposed to be sub-whole of the assigneeship accounts opened, jected. Each of the present commissioners though those accounts have all, years ago, of bankrupt, before proceeding to act under been approved and allowed, and closed by any fiat, takes an oath that he will faithfully discharge his duty as commissioner under that fiat, while the bill does not a See p. 89, ante. the commissioners under the commission, and where, in many cases, no doubt, the vouchers for the assignee's payments are lost or destroyed; and though the commissioners themselves, and most of the cre |