Mortgagees within the definition in 3 & 4 to respectively in the parish churches or chaW. 4, c. 27, s. 1, may bring actions to recover pels during divine service: and that by ancient land within 20 years after last payment of principal or interest.-That it shall and may be custom notice is usually given in churches dulawful for any person entitled to or claiming ring divine service of the times appointed for under any mortgage of land, being land within holding courts leet, courts baron, and custothe definition contained in the first section of the said act, to make an entry or bring an action mary courts: and that it is expedient that at law or suit in equity to recover such land at such mode of giving notices should be alter. any time within twenty years next after the last ed. It is therefore enacted.as follows: payment of any part of the principal money or interest secured by such mortgage, although more than twenty years may have elapsed since the time at which the right to make such entry or bring such action or suit in equity shall have first accrued, any thing in the said act notwithstanding. So much of the first recited Act as directs Publication of Notices repealed. Notices not to be given in Churches during Divine Service, &c.— That from and after the passing of this act so much of the said first-recited act as directs the publication of such notices to be made in the parish church or chapel on some Sunday dur The Royal Assent was given to this act on ing or immediately after divine service, shall 3d July, 1837. No. XI. NOTICES OF VESTRIES, OUTLAWRIES, &c. 1 Vic. c. 45. This act passed on the 12th July last, and is intituled "An act to alter the mode of giving Notices for the holding of Vestries, of making Proclamations in cases of Outlawry, and of giving notices on Sundays with respect to various matters." be and the same is hereby repealed; and that from and after the first day of January next no proclamation or other public notice for a vestry meeting or any other matter shall be made or given in any church or chapel during or after divine service, or at the door of any church or chapel at the conclusion of divine service. (s. 1.) Notices heretofore usually given during or church doors.-That from and after the first after divine service, &c. to be affixed to the day of January next all proclamations or notices, which under or by virtue of any law or statute, or by custom or otherwise, have been heretofore made or given in churches or chapels during or after divine service, shall be reduced into writing, and copies thereof either in writing or in print, or partly in writing and partly in print, shall previously to the commencement of divine service on the several have heretofore been made or given in the days on which such proclamations or notices church or chapel of any parish or place, or at the door of any church or chapel, be affixed on or near to the doors of all the churches and chapels within such parish or place; and such notices when so affixed shall be in lieu of and as a substitution for the several proclama. tions and notices so heretofore given as aforesaid, and shall be good, valid, and effectual to all intents and purposes whatsoever. (s. 2.) Notices for holding vestries to be signed as herein directed.-That no such notice of hold It recites that by 58 G. 3, c. 59, intituled "An act for the regulation of Parish Vestries," it is enacted, that no vestry or meeting of the inhabitants in vestry of or for any parish shall be holden until public notice shall have been given of such vestry, and of the place and hour of holding the same, and of the special purpose thereof, three days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after divine service, and by affixing the same, fairly written or printed, on the principal door of such church or chapel: and that by 31 Eliz. it is enacted, that before any outlawry shall be had and pronounced, proclamation shall be made at the door of the church or chapel of the town or parish wherein the defendant shall be dwell-or chapel. (s. 3.) ing, immediately after divine service on a Sunday; and by divers acts relative to the assessing and collecting of highway and poor rates and land tax, and other matters, it is directed or required that public notice shall be given with reference to certain proceedings relating there ing a vestry shall be affixed on the principal door of such church or chapel unless the same shall previously have been signed by a churchwarden of the church or chapel, or by the rector, vicar, or curate of such parish, or by an overseer of the poor of such parish; but that every such notice so signed shall be affixed on or near to the principal door of such church Decrees &c, of Ecclesiastical Courts not to be read in Churches.-That from and after the first day of January next no decree relating to a faculty, nor any other decree, citation or proceeding whatsoever in any ecclesiastical court, shall be read or published in any church or chapel during or immediately after divine service. (s. 4.) Changes in the Law.-Liability of Husband for the Wife's Debts. Act not to extend to notices purely ecclesiastical. That nothing in this act shall extend or be construed to extend to the publication of banns, nor to notice of the celebration of divine service or of sermons, nor to restrain the curate, in pursuance of the rules in the book of common prayer, from declaring unto the people what holy days or fasting days are in the week following to be observed, nor to restrain the minister from proclaiming or publishing what is prescribed by the rules of the book of common prayer, or enjoined by the Queen or by the Ordinary of the place. (s. 5.) 349 the present rate of legal interest in Great Britain and Ireland respectively for the loan of money on any such bill or note, be subject to any penalties under any statute or law relating to usury, or any other penalty or forfeiture; any thing in any law or statute relating to usury, or any other law whatsoever in force in any part of the United Kingdom, to the contrary notwithstanding. LIABILITIES OF HUSBAND FOR Extension of Act.-That all the provisions of this act shall extend and be construed to FROM the advertisements which are not unextend to the town of Berwick-upon-Tweed, the Isle of Man, and the islands of Guernsey, Jersey, Alderney, and Sark. (s. 6.) No. XII. USURY ON BILLS. 1 Vict. c. 80. frequently seen in the public newspapers, it would seem to be a commonly received opinion that a husband can divest himself of his liability for his wife's debts by giving public notice that he will not be answerable for any debts she may contract after such notice. It may, perhaps, not be uninteresting to look a little into the law upon this subject, and inquire 1st, when he is not liable for them. A This act received the royal assent on the After a divorce, ab initio, his liability is 17th July, 1837. It is "An act to exempt extinguished. So, after adultery in the wife, certain bills of exchange and promissory notes the husband will not be answerable for necessaries furnished her after expulsion from from the operation of the laws relating to his house; and this holds although he usury," and recites that by 4 W. 4, c. 98, in- was the aggressor, having lived with another tituled "An Act for giving to the Corporation at that time had no imputation on her conwoman at the time of expelling his wife, who of the Governor and Company of the Bank of duct, yet afterwards dishonoured herself. England certain Privileges for a limited Period woman eloping from her husband, yet not under certain Conditions," bills of exchange accompanied by an adulterer, must be trusted at the tradesman's own risk, as the husband is and promissory notes made payable at or not liable; but he cannot, either by public within three months after the date thereof, or advertisement or particular notice, exempt himself from his wife's debts contracted after a not having more than three months to run, forcible ejection from his house; and notand certain transactions in respect of such withstanding her conduct had been exceedbills, were exempted from the operations of ingly incorrect, and she had been assisted in the statutes relating to usury; and it is desir-Court held that his liability for necessaries her improprieties by the plaintiff, yet the able to extend such exemptions. It is therefore enacted as follows: Bills of Exchange payable at or within Twelve Months not to be liable to the Laws for the Prevention of Usury.-That from and after the passing of this act, and till the first of January one thousand eight hundred and forty, no bill of exchange or promissory note made payable at or within twelve months after the date thereof, or not having more than twelve months to run, shall by reason of any interest taken thereon or secured thereby, or any agreement to pay or receive or allow interest in discounting, negociating, or transferring the same, be void, nor shall the liability of any party to any bill of exchange or promissory note be affected, by reason of any statute or law in force for the prevention of usury; nor shall any person or persons or body corporate drawing, accepting, indorsing, or signing any such bill or note, or lending or advancing any money, or taking more than still existed. In a case which was argued three times in the Court of King's Bench,e and the Judges being divided, was adjourned to the Exchequer, nine of the Judges held that a husband was not liable for necessaries furnished to a wife during a separation without his consent, having given the plaintiff particular notice not to trust her, and notwithstanding that he did not allow her any maintenance. A tradesman supplying a wife with goods unsuitable to her station in life, without any authority from her husband, does so at his own risk. In an action for wearing apparel supplied to a married woman without the husband's knowledge, and which she had re a Anstey v. Manners, 1 Gow, 10. 350 Liability of Husband for the Wife's Debts.-Local and Personal Acts. ceived in quantities unsuited to her rank, the husband was not liable; and it was held to be unnecessary to prove that the wearing apparel furnished was not required by the wife, in consequence of her being supplied with_proper cloathing from another quarter. These seem to be the cases which would apply to persons in the middle ranks of society, and it would appear that in all these (with the exception above-mentioned) the husband was absolutely absolved from the claims of those who had trusted his wife, without being compelled to give either general or particular notice to tradesmen. It may, perhaps, seem unjust to fix a tradesman who has supplied a woman whom he knows to be married, and who has before traded with him, with a knowledge of facts which it is very improbable he could be acquainted with; but it must be recollected, that in every case it is the duty of the tradesman to make cautious inquiry as to the situation, capabilities, and liabilities of the fair one he may be induced to trust, as he could not recover from the husband beyond the extent to which a proper investigation would have shewn him to be liable.h 2d. In those cases where the husband is liable, nothstanding particular circumstances, the principal seem to be these : A husband having a wife (who had committed adultery) in his house and not expelling her, neither making any provision for her in consequence of separation, is liable for necessaries, unless he can fix the plaintiff with a knowledge, either positive or implied, of the situation in which she was living. Receiving an adulterous wife into the housei and turning her out, renders the husband answerable in an action for necessaries. When by ill-treatment a wife is forced to leave her husband's roof, she shall carry with her credit for necessaries, and her husband is liable; and quitting the husband's house under an apprehension of personal violence is equivalent to turning her out, and will render him liable for necessaries. A common woman having been brought into the house by the husband, will justify the wife's quitting the house, and he will be answerable for necessaries; and he cannot avail himself of a plea of adultery, which he did not discover until after the credit had been given.k As in the former cases it was observed that an advertisement was of no utility to the husband, and could only be an act of courtesy to the tradesman in certain cases, so in those last-mentioned it would not have the effect of discharging him from his liability, as he was absolutely liable, whether the tradesman was or not aware of the peculiar circumstances of the case. I have not gone into those particular Metcalfe v. Shaw, 3 Camp. 22. h Waithman v. Wakefield, I Camp. 120. i Norton v. Fazon, 1 B. & P. 226. Hodges v. Hodges, 1 Esp. 441. Haslyngton v. Smyth, 3 Bing. 127. cases where separate allowances and their ade- LOCAL AND PERSONAL ACTS, DECLARED PUBLIC, AND TO BE JUDICIALLY [Concluded from p. 339.] 1 Vict. city of Chester to join "The Grand Junction London and Birmingham Railway. the last session of parliament for making a Swannington Railway Company to raise a 66. An act to enable the Leicester and further sum of money. derland Railway Company to alter a part of 67. An act to enable the Durham and Sunthe main line of their railway, to abandon another part thereof, to make other branches therefrom; and to amend and enlarge the powers of the act for incorporating the said company. North Midland Railway, and to amend the 68. An act to alter the line of the York and act relating thereto. chester to join the Grand Junction Railway in 69. An act for making a railway from Manthe parish of Chebsey in the county of Stafford, to be called "The Manchester and Birmingham Railway," with certain branches therefrom. company to alter the line of the said railway 70. An act to enable the Taff Vale Railway and the act relating thereto, and to make additional branches. and Southampton Railway, and to amend the the borough of Newcastle-upon-Tyne. paving, lighting, cleansing and otherwise im- 74. An act to amend an act of the forty-fifth year of the reign of King George the Third, for improving and rendering more commodious the port of Ipswich, and for constructing a wet dock there. 75. An act for improving, enlarging, and maintaining the pier, harbour, and market of Local and Personal Acts. Brixham in the county of Devon, and for the formation of a breakwater in Torbay. 76. An act for the formation of a new cut or channel, and for otherwise more effectually improving the port and harbour of Belfast. 77. An act for forming a harbour in the parish of Warkworth, in the county of Northumberland, by improving the navigation of the River Coquet, and for rendering the same safe and commodious, and easy of access. 78. An act for amending an act of the second year of the reign of his late Majesty King William the Fourth, and for granting further rates and powers for improving the port of Hartlepool in the county of Durhamn. 92. An act to enable the Great Western Railway Company to extend the line of such railway, and for other purposes relating thereto. 93. An act to alter and extend the line of the South-eastern Railway, and to amend the act relating thereto. 94. An act to alter, amend, and enlarge the powers of an act for making the Slamannan Railway, passed in the sixth year of his present Majesty, and to enable the Slamannan Railway Company to make and maintain a branch to Bathgate in the county of Linlithgow. 95. An act for making and maintaining a railway to connect the Great North of Eng79. An act for making and maintaining re-land, Clarence, and Hartlepool Railways in servoirs upon the tributary streams of the River the county of Durham. Etherow otherwise the Mersey in the parish of Glossop in the county of Derby, for more ef-way from the town of Dundalk in the county fectually and regularly supplying with water of Louth to the town of Ballybay in the county the mills, manufactories, and works on the of Monaghan. said tributary streams and river. 80. An act to amend and enlarge the powers of the several acts relating to the Ellesmere and Chester Canal. 81. An act to raise and apply funds for the future maintenance and repair of the banks of the River Ouze between Denver Sluice and the Eau Brink Cut in the county of Norfolk. 82. An act for better supplying with water the town and neighbourhood of Barnsley in the west riding of the county of York. 83. An act for the better supplying with water the town and neighbourhood of Leeds in the west riding of the county of York. 84. An act for granting more effectual powers for the regulation of the Court of Conscience within the city of Bristol. 85. An act for removing and preventing encroachments within the city and county of Bristol, and for better regulating the shipping, rivers, wharfs, backs, and quays, and the markets within the same; and for other purposes. 86. An act for the better assessing and collecting certain parochial and other rates within the city and county of Bristol. 87. An act to enable the Shropshire and North Wales Assurance Company to sue and be sued in the name of the managing director for the time being, or of any one of the general or local directors of the said company. 88. An act for amending and enlarging the provisions of an act passed in the fourth year of the reign of his present Majesty, intituled "An Act to encourage the working of Mines and Quarries in Ireland, and to regulate a Joint Stock Company for that Purpose to be called 'The West Cork Mining Company.' 89. An act to enable Edward Joshua Cooper Esquire to establish and protect a salmon fishery upon the lakes and rivers of Owenmore and Arrow, and also within the bay of Ballisodare, in the county of Sligo, in Ireland. 90. An act for draining, inclosing, dividing, and allotting certain lands in the parish of Over in the county of Cambridge. 91. An act to alter the line of the Great Western Railway, and to amend the acts relating thereto. 96. An act for making and maintaining a rail 97. An act to authorize the Durham Junction Railway Company to make a branch railway from the Durham Junction Railway, to be called "The Houghton-le-Spring Branch." 98. An act for altering, amending, improving, and extending the provisions of certain acts of parliament relating to the town of Liverpool in the county palatine of Lancaster. 99. An act for improving the harbour of the burgh of Montrose in the county of Forfar. 100. An act for further extending the time for completing the Wishaw and Coltness Railway in the county of Lanark. 101. An act for making a railway from the town and port of Maryport to the borough of Carlisle, to be called" The Maryport and Carlisle Railway." 102. An act to enable " The Great North of England Railway Company," to extend the line of their railway, and to make two branches therefrom; and for other purposes relating thereto. 103. An act to alter, amend, explain and enlarge the powers of the several acts for making and maintaining the Clarence Railway. 104. An act for making and maintaining a railway from the city of Dublin to the city of Kilkenny, to be called the Great Leinster and Munster Railway. 105. An act to enable the Kilmarnock and Troon Railway Company to raise a farther sum of money; to alter and amend the line of the said railway; and for other purposes relating thereto. 106. An act to alter the line of the Dublin and Drogheda Railway, and to amend the act relating thereto. 107. An act for making a railway from the city of Chester to Birkenhead. 108. An act for making a railway from the city of Cork to the town of Passage. 109. An act for the better paving, lighting, watching, and cleansing the burgh of Dundee, and for maintaining and regulating the police of the same and places adjacent, and other purposes relating thereto. 110. An act for improving the piers and 352 Local and Personal Acts.-Selections from Correspondence. harbour of Bridlington in the east riding of the county of York, and for rendering the same more safe and commodious as an harbour of refuge. 111. An act to make and maintain a canal from the Forth and Clyde canal in the county of Lanark to Campsie Alum Works in the county of Stirling. 112. An act for enabling the directors of the Manchester Gas Works to purchase land, buildings, and apparatus for the extension of their works. 113. An act to increase the tonnage rates and duties granted by an act passed in the fifth year of the reign of his late Majesty King George the Fourth, for improving the outfall of the River Welland in the county of Lincoln; and to alter and enlarge the powers of the said act. 114. An act to alter and amend an act of the fourth year of the reign of his late Majesty, for erecting, establishing, and maintaining a market in the parish of Saint George the Martyr in the borough of Southwark. 115. An act to enable the mayor, aldermen, and burgesses of the borough of Liverpool to open and widen certain streets and places in the town of Liverpool, and otherwise to improve the same; and to enable the said mayor, aldermen, and burgesses to appropriate lands, tenements, and hereditaments for public purposes, and also to erect public buildings. 116. An act for making and maintaining a railway from Glasgow to Greenock by Paisley and Port Glasgow, to be called "The Glasgow, Paisley, and Greenock Railway." 117. An act for making a railway from Glasgow to Paisley and Ayr, and from a point on the said railway near Blairland to Kilmarnock, to be called "The Glasgow, Paisley, Kilmarnock, and Ayr Railway," with branches. 118. An act to continue, for certain purposes, the powers of two acts for making and maintaining the Polloc and Govan Railway. 119. An act for making a railway from the London and Croydon Railway to Brighton, with branches to Shoreham, Newhaven, and Lewes. 120. An act to enable the London and Greenwich Railway Company to take certain tolls for passengers, cattle, and carriages crossing the River Ravensborne, in pursuance of an agreement entered into with the "The Deptford Creek Bridge Company." 121. An act for making a railway from Bolton le Moors to Preston in the county palatine of Lancaster. 122. An act for incorporating certain persons for the making and maintaining a railway from near the Black Boy branch of the Stockton and Darlington Railway in the township of St. Andrew Auckland to or near to Witton Park Colliery, with a branch therefrom, all in the county of Durham, to be called "The Bishop Auckland and Weardale Railway." 123. An act for making wet docks and other works on the south side of the River Thames, at or near Rotherhithe and Deptford in the counties of Surrey and Kent, to be called "The Grand Collier Docks " 124. An act for improving the harbour and port of Fishguard otherwise Abergwain in the county of Pembroke. 125 An act to make and maintain a canal in the county of Lanark from the Monkland canal to the lands of Dunchattan on the north side of Duke Street of Glasgow. 126. An act for supplying the royal burgh of Dundee and suburbs thereof with water. 127. An act to extend, alter, and enlarge the powers of several acts for enabling the Commissioners of Wide Streets in Dublin to widen and improve certain ways, streets, and passages in the said city and county of Dublin, and for raising further funds to enable the said commissioners to carry the same into execution. 128. An act for providing a market place and market at the village of Dowlais in the parish of Merthyr Tydfil in the county of Gla morgan. 129. An act for improving and regulating the borough of Stockport in the several counties of Chester and Lancaster. 130. An act for establishing a cemetery for the interment of the dead westward of the metropolis, by a company to be called “The West of London and Westminster Cemetery Company." 131. An act for establishing a general cemetery for the interment of the dead in or near the city of Bristol. 132. An act for forming and regulating the the said company to purchase certain letters London Caoutchouc Company, and to enable patent. Commercial Railway Company. Would not the Examiners be treated with more justice, if the questions proposed were less specific, or more open? so that candidates, ignorant of the answers to particular questions, might offer what they did know generally under any particular head? or is it your opinion that they are not precluded from pursuing that course at present ? INQUIRER. we think, sufficiently numerous and extensive |