Page images
PDF
EPUB

The Property Lawyer.-Changes in the Law.

443

it was held that such a conveyance did | said, shall prevent the operation of the will revoke the will; but these cases have been with respect to such estate, or interest in impugned by Sir Edward Sugden, in his such real or personal estate, as the testator Treatise on Vendors, vol. 1, 179, 9th ed., shall have power to dispose of by will at the and in his Powers, vol. 2, p. 6, 6th ed. time of his death ;” and by s. 19, it is also

The point has recently come before the enacted “that no will shall be revoked by present Master of the Rolls, on a question any presumption of an intention on the between vendor and purchaser, who held ground of an alteration in circumstances.” that the devise was revoked by the sub- See the act, ante, p. 204, and Stewart's sequent conveyance. Bullin v. Fletcher, edition, pp. 21, 22. 1 Keen, 369. From this decision there was an appeal to Lord Chancellor Cottenham, and it was affirmed by his Lordship. CHANGES IN THE LAW IN THE

“ Taking this case as between the ven LAST SESSION OF PARLIAMENT, dor and purchaser," said his Lordship, 1837. “I have considered whether the authorities so clearly establish that the revocation did not take place, that I could compel the pur

No. XXV. chaser to take the title. It is said that the

POOR LAW CONVEYANCES. will is not revoked, because the contract is

1 Vict. c. 50. that the estate shall be conveyed to the testator, his heirs, appointees, or assigns, This Act passed on the 15th July, and is and that therefore he has reserved to him-intituled, “ An Act to facilitate the Conveyance self a power of directing the mode in which of Lands and Buildings for the Purposes of the conveyance shall be made. But that ....

| Two Acts passed respectively in the Fifth and every purchaser has, for he acquires the dominion over the estate by virtue of the

| Sixth Years of His late Majesty King William contract; and the real question is, whether, the Fourth.” It recites the 4 & 5 W. 4, c. as the authorities stand, the purchaser, by 76, intituled “ An Act for the Amendment taking the conveyance in the manner which and better Administration of the Laws relating I have already stated, has or has not availed to the Poor in England and Wales and 5 8 himself of that conveyance for the purpose

6 W. 4, c. 69, inticuled “ An Act to facilitate of doing somewhat beyond the merely taking a conveyance of the legal estate in the pro- the Conveyance of Workhouses and other perty in which the contract had already Property of Parishes and of Incorporations or given him the equitable interest. [His L'nions of Parishes in England and Wales :" Lordship then went through the authorities, and that doubts are entertained as to whether and continued.] All these authorities con

the herein recited acts respectively apply to cur in shewing that the conveyance which was made in this case operated as a revoca

| lands or buildings or other hereditaments of tion. It is unnecessary for me to go fur-copyhold or customary tenure; and it is exther. It is sufficient for me to say, that in pedient that such doubts should be removed, the present state of the law it is impossible and that the provisions of the said acts should that I can compel the purchaser to take the be extended in

e be extended in some respects: it is therefore title. I am of opinion that the Master of the Rolls was right in his decision, and

enacted and declared as follows: that the appeal is against all authority. I Provisions of reciteit Act 10 extend to Conycannot say I see anything like a doubt hold Lands, &c.—That the provisions of the upon the authorities, and therefore the

| said herein recited acts apply to and comprise

lands and buildings and other hereditaments appeal must be dismissed, with costs.”—

of copyhold or customary tenure, as well as Bullin v. Fletcher, 2 Myl. & C. 432.

lands, buildings, and other hereditaments of Thus stands the law at present; but the freehold tenure. (s. 1.) rule will be different when the new Wills Provision for Enfranchisement of Copyholds. Act (1 Vict. c. 26) comes into operation : -That whenever any contract shall be entered by the 23d section of which it is provided

into for the purposes of the said recited acts " that no conveyance or other act made or or

Coror either of them, or of this act, respecting

any lands, buildings, or other hereditaments done subsequently to the execution of al.

of copyhold or customary tenure, it shall be will of or relating to any real or personal lawful for the Poor Law Commissioners to estate therein comprised, except an act by direct that the difference in value of such which such will shall be revoked as afore- lands or buildings or other hereditaments, as

[blocks in formation]

of copyhold or customary tenure, and the approbation of the Poor Law Commissioners, freehold or fee simple thereof, including in like manner as if such agreement had been therein the value of any fine, heriot, or custo- originally made under this act, any thing in mary due, payment, or rent, or any service the said acts or either of them, or in this act, capable of being valued, in respect of such to the contrary notwithstanding; and in every land or building or other hereditaments shall such case, if any lord of the manor or other be ascertained by such means as they shall person be under legal disability, the power of think fit; and that such difference in value the said recited acts and of any other act for when so ascertained shall be paid to or invested building, hiring, or purchasing workhouses, for the use and benefit of the lord of the ina or for acquiring lands for workhouse purposes, nor of which such lands or buildings or other enabling persons to convey or otherwise dishereditaments shall be parcel, or such other pose ot or deal with properly shall apply to person as would be entitled to the fines pay. such lord of the manor or other person as able upon death or alienation of the same, or ainply and fully as if the case had been ex. to such heriot, dues, payment, rent, or service pressly provided for in such acts or any of respectively; and upon and from the making them. (s. 2.) of such payment or investment such lands or Steward of Manor to enter Certificate on buildings or other hereditaments shall tbence. Rolls of the Manor, and to furnish i parch. forth be deemed enfranchised and for ever ment copy thereof to the Poor Lar Commisdischarged from every fine, customary or sioners.-That when and so soon as any such copyhold heriot, due, pavinent, rent, suit, or enfranchisement as aforesaid shall have been service; and such lands and buildings and made, it shall be lawful for the steward of the other hereditaments shall thenceforth be and manor whereof the same lands or buildings remain of the tenure of free and common so. were parcel, and he is hereby required, on recage: provided always, that if any such lord ceipt of a certificate of such valuation being of the manor or other person be under any made and enfranchisement effected, under the legal disability, the powers of the said recited | hands and seal of the Poor Law Commissi. acts, and of every other act for building, oners, to enter such certificate on the rolls or hiring, or purchasing work houses, or for ac. books of the said manor, and to furnish a quiring lands for workhouse purposes, enabling copy of such entry, written on parchment, to persons under disability to convey or other the Poor Law Commissioners, or to such wise dispose of and deal with property, shall person or persons as they may direct, and apply to such lord of the manor or other per- to certify the same to be a true extract under son as amply and fully as if the case had been his hand; and such certificate or a copy there. expressly provided for in such acts or any of of under the seal of the Poor Law Commisthein: Provided also, that if such lord of the sioners shall thenceforth be evidence of such manor or other person be dissatisfied with such | enfranchisement. (8. 3.) valuation, and shall within seven days after a Mode of Conveyance.- That all Conveyances tender made to him of the amount thereof, or or instruinents by way of sale or exchange, or alter notice left at his last known place of re. assignment or security or transfer, to be made sidence, or with his known agent, of such under the authority of the said recited acts or amount being ready to be paid to him or in- either of them, or of this act, may be made in vested as aforesaid, send notice by the post such forın as the Poor Law Commissioners to the Poor Law Commissioners of such dis- shall by any order or orders signed by them satisfaction, it shall be lawful for the Poor and sealed with their common seal direct or Law Coininissioners to direct a further valua- approve of, or as near thereto as the number tion to be made, at or within such period as of parties, the nature of the interests, and the they may see fit, by two valuers, one to be circumstances of each case will admit, and named by the Poor Law Commissioners, and shall be valid and effectual in the law, without the other by such lord of the manor or other livery of seisin being made, or any bargain and person, which two persons so named shall sale to vest possession being executed, and previous to their entering on their valuation without being enrolled. (s. 4.) name a third valuer to be referred to in case they disagree, and the award of such three valuers, or any two of them, shall be binding

No. XXVI. on all parties; and on payment or investment, under the provisions of the said recited acts or

MUNICIPAL CORPORATIONS. any of them, or of this act, of the amount of

1 Vict. c. 78. such last-mentioned valuation, such lands or buildings and other hereditaments shall thence

This act passed on the 17th July, and came forth be deemed entranchised and discharged into immediate operation. It is intituled " An in manner aforesaid, and be and remain of the act to amend an act for the resul

act to amend an act for the regulation of Mu. tenure of free and common socage: Provided always, that it shall be lawful for any overseers,

nicipal Corporations in England and Wales.” guardians, lord of the mapor, or other person It recites the 5 & 6 W. 4, c. 76, providing. to complete any voluntary agreement for the among other things, for the election of certain, purchase and enfranchisement of any copyhold or ustomary lands, buildings, or other here- / officers in manner and form therein declared. ditaments, under the direction and with the that such elections have not in all cases been

[blocks in formation]

duly inade according in the provisions of the reason of any fraud or any irregularity or desaid act; and that doubts are entertained by te

ts are entertained he/fect other than is herein-before specified :

| Provided also, that nothing in this act conand before whom the ineetings for such elec- 1 tained shall extend to invalidate any payinent tions can now be convened and holden for the bona fide made, or to invalidate or render valid purpose of supplying such deficiencies : and any notice to quit given before the passing of

this act, or render liable to any penalty or that the elections of corporate officers and punishment any person who would not have others are liable to be questioned by reason been liable to such penalty or punishment in of any defect that may be in the title of the

case this act had not been inade. (s. 1.)

All Elections duly made since 25th December presiding officer before whom the election may good, though the irhole number of Aldermen have been had, notwithstanding that the elec- not elected. Nothing herein lo affect any per

son in actions 10 try the right in office of profit, tion may have been otherwise good in all res

That all elections duly made or other acts duly pects :

done since the said twenty-fifth day of DecemIt is therefore enacted as follows :

ber at any meeting of the council or councillors

of any borough named in either of the schedules Elections not to be questioned for tille of pre of the act by a majority of the members of the siding officers ; provided that the person shall council or councillors present at such meeting, have taken upon himself the office; proviso.- the whole number present not being less than That no election of any person into any cor- one third part of the number of the whole porate office which shall take place after the pas-council, shall be good notwithstanding that the ing of this act shall be liable to be questioned by whole or due number of aldermen may not reason of any defect in the title or want of title have been then elected : Provided always, that of the person before whom such election may nothing in this act contained shall extend to have been had, provided that the person before affect the right of any person to prove the whom such election shall be had shall be then / validity or invalidity of any election or act had in the actual possession of or acting in the or done before the passing of this act, and office giving the right to preside at such elec- hereby made good or valid, in any action altion; and, subject and without prejudice to ready brought or hereafter to be brought to the provisions for discontinuing proceedings try the right to any office of profit, or to reherein-after contained, all elections into any cover the profits or receipts thereof; and corporate office since the twenty-fifth day of every such action in which it may be material December in the year one thousand eight hun- to either party to prove the validity or indred and thirty-five, in any borough named in validity of any such election or act shall be either of the schedules (A.) and (B.) annexed tried and decided to all intents and purposes to the said act for regulating corporations, as if this act bad not passed ; provided, that and all acts duly done in right of their office such action shall be brought within twelve since the said twenty-fifth day of December calendar months after the passing of this act. by the persons chosen at any such election, (s. 2.) and all acts duly done by any person with Elections before the Election of Assessors 10 reference to any such election, shall be good be valid.That all elections had before the to all intents and purposes, notwithstanding passing of this act, or to be had under this act, any defect in the title or want of title in the in any borough named in either of the said person so presiding arising from the provisions schedules, at any time before the election of of the said act or of any former charter or assessors for such borough, shall be as good as any local custom not liaving been duly com- if had before the mayor and assessors jointly. plied with, and notwithstanding that there may (s. 3.) not have been at the time of the passing of the 5 . 6 W. 4, c. 76, s. 43, in part repealed. said act any such body corporate as is named | Trro Revising Assessors iu he chosen in tihe in the schedule (A.) or (B.) of the said act in manner as Auditors are. And reciting that by conjunction with the name of the borough in the said act it is provided, that in every case in which such election may have been had, or which there shall be a division into wards of any any such officer as is charged by the said act borough, the assessors who shall hold the Court with the execution of such duties ; provided for revising the burgess lists with the mayor that the person or persons before whom or by shall be the assessors of the mayor's ward ; whose authority any such election may have and it may be, in case the mayor be chosen been had, or by whom any summons shall have from anong the alderineu, that there is no been issued, or list made out or received, or mayor's warii in such borough ; it is enacted other act done for holding or with reference to that so much of the said act as provides that any such election, shall have bunú fide taken the assessors who shall hold the court for upon himself the duties of the obice giving revising the burgess lists with the mayor shall right to preside at such election, or issue such be the assessors of the mayor's ward, is hereby summons, or make out or receive such list, or repealed; and in every borough divided into do such act as aforesaid : Provided neverthe- wards two assessors shall be chosen on the less, that nothing herein-before contained shall i twenty-first day after the passing of this act, prevent any such election or act done by any and in every subsequent year on the first day person from being questioned and set aside by of March, or on the following day if that day

[blocks in formation]

be on a Sunday, to hold the court for revising within the same, before the title to such house the burgess lists with the mayor, in manner as or other property as aforesaid shall have deis provided in the said act concerning the elec- volved upon him. (s. 8.) tion of two auditors of such borough; and no Rating in Name of former Occupier suffiburgess list which shall have been revised be-cient. That the rating in the name of The fore the passing of this act by the mayor alone, person previously occupying shall be consideror by the mayor assisted by any other personed a suficient rating of the person so entitled or persons shall be taken to have been ill re- until a new rate shall be made subsequent to vised by reason of the mayor not having been such devolution of title as aforesaid. (s. 9.) assisted by the assessors of the mayor's ward, Provision for certain Cases in which there but every such revised list, if otherwise revised has been Equality of Votes. That in every according to the provisions of the said act, borough named in the said schedules in which shall be good, and the fair and true copy there- or in any ward or wards of which it is doubtful of, made according to the provisions of the who should have gone out of the council in the said act, shall be the burgess roll for the pre-month of November last, by reason of the same sent year in that borough. (8. 4.)

number of votes having been given for two or Burgess Roll not to be questioned for the more persons, and by reason of the council Title of the Mayor or Assessors.--That after not having determined who should then go out the passing of this act no burgess roll shall be of office according to the provisions of the said liable to be questioned by reason of any defect act for regulating corporations, all the council. of title or want of title of the mayor or asses- lors in such borough or ward respecting whose sors by whom the same shall have been revised, continuance in office any such doubt shall arise or any or either of them, provided that he or shall continue in office for the same time as if they shall have been in the actual possession they had been elected on the said first day of and exercise of the office of mayor or assessor, November now last past ; and the council shall as the case may be. (s. 5.)

determine which of them shall go out of office Burgess Rull to be in force until Revision of on the first day of November now next ensunew Burgess Roll.-That in every borough in ing; and if the doubt shall extend to those which by reason of any neglect or informality who should have gone out of office on the first a new burgess roll of the said borough shall day of November now next ensuing, the cousnot bave been duly made in any year within cil shall also determine which of them shall go the time directed by the said act, the burgess 1 out of office on the first of November in the roll which was in force before the time ap- 1 year one thousand eight hundred and thirtypointed for the revision shall continue in force eight. (s. 10.) until such new burgess roll shall have been Repeal of Provisions relating to Vacancies duly made. (8. 6.)

l in the Council. Provision in lieu thereof.Corporations not dissolred by Neglect to That so much of the said act for regulating make new Burgess Roll.—That no body corpo-corporations as provides that no new election rate named in the schedules of the said act for of councillors shall be made by reason of any regulating corporations, in which no new bur- extraordinary vacancy in the office of council. gess roll was made in the month of October lor unless the number of councillors reinaining last, shall therefore be taken to have been dis after such vacancy shall not exceed two thirds solved, but every such body corporate shall of the whole number of the council of the bohave and continue to have perpetual succession, rough, is hereby repealed; and that every and all the rights, powers, privileges, and lia-election of a councillor to supply any such bilities which it would have had if the new extraordinary vacancy, either alone or together burgess roll had been duly made; and in any with other councillors, which shall have been case in which no councillors shall have been had on the first day of November last, shall be elected on the first day of last November to valid, although the number of councillors did supply the place of those who were then to go then exceed iwo thirds of the whole number out of office according to the provisions of the of the council, and although such vacaney may said act, the councillors who were to continue have happened more than ten days previously in office shall so continue in like manner and to the said first day of November last, if in for the same time as if such new election had other respects such election sball have been been duly made. (s. 7.)

duly had according to the provisions for the As 10 reckoning a former Person's Rating annual election of councillors contained in the and Occupancy 18 Part of a subsequent Occu- said act for regulating corporatious; and the pier's.—That in every case in which, under councillor elected by the smallest number of the provisions of the said act for regulating votes at such election, if elected with other corporalions, any person shall be entitled to councillors, shall be the councillor elected to reckon the rating and occupancy of any house, supply such extraordinary vacancy as aforewarehouse, counting-honse, or shop in any said ; and in every case in which more than borough by any other person as part of his own one such extraordinary vacancy sball be so rating and occupancy, it shall not be neces- supplied the conncillor elected by the smallest sary, in support of the title of such person to number of votes shall be taken to be elected be enrolled on the burgess roll, to prove that in the room of him who would regularly have he was an inhabitant householder within the first gone out of office, and the euuncillor said borough, or within seven miles of the said elected by the next smallest number of votes borough, or that he was an occupant or rated shall be taken to be elected in the room of

Changes in the Law.Notices of New Books: Theobald on the Poor Laws.

447

him who would regularly have next gone out As a specimen of Mr. Theobald's characof office, and so with respect to the other. teristic style, we extract the following:(s. 11.)

Vacancies among the Councillors or Ward Whether infants under the age of seven, chilAssessors, how to be supplied.That in every dren of the wife by a former marriage, can borough named in the said act in which by

be removed with their mother and their fureason of any failure in complying with the ther-in-law to their father-in-law's place of directions of the said act the full number of selllement. councillors or ward assessors hath not been By the 57th section of the 4 & 5 W. 4.c, 76, elected according to the true intent and mean- a person marrying a woman who has children, ing of the said act, the burgesses of the bo- whether legitimate or illegitimate, is made rough, or of the several wards in which the chargeable with their maintenance. vacancies may be that ought to be filled up, The structure of this section raised some as the case may be, shall on the fourteenth day doubt whether it does not give the children after the passing of this act openly assemble their father-in-law's settlement; but it has been and elect the councillors and ward assessors, I decided that it does not; and it follows as a to be elected in the matter directed in the said consequence, that an order is bad so far as in act; and the mayor, or if there shall be no such a case it adjudges the children to have mavor the councillor assessed to the poor to their father-in-law's settlement: but this is inthe greatest amount in respect of any mes- decisive of the question, whether they may be suage, land, tenement, tithe, or other heredi- removed to their father-in-law's place of settletaments of wbich he is occupier and also owner ment. within such borough, shall preside at such In a recent case (Rex v. Walthamstow, election in the case of a borough not divided 1 N. & P. 406), an order was made for the into wards, and in the case of a borough di- removal of a pauper and his wife, and three vided into wards, the councillors elected in children under the age of seven; the children each ward, shall separately choose the coun-were the wife's by a former marriage; she marcillor who shall preside at the election of ried the pauper in Sept. 1834, and therefore councillors and ward assessors in that ward, or they were under the operation of the 57th sect. in case a majority of them in any ward cannot of the poor law amendment act: the justices ad. agree, then the councillor elected in that ward judged this entire family to have the husband's who is assessed to the poor to the greatest settlement; that is, their father-in-law's settleamount in respect of any messuage, land, te- ment; and made an order for their removal to nement, tithe, or other hereditaments of which his place of settlement ; the order was appealhe is occupier and also owner within the bo-led against, and confirmed by the sessions, rough, shall preside at such election, and shall subject to a case in which the above facts were have in that behalf all the powers given by the stated ; and the court of King's Bench decided said act to the mayor of the borough in the that thie order was bad, and directed the order first election of councillors. (s. 12.)

of sessions to be quashed, apparently on two [To be continued.] 1.450 grounds; first, that the justices were wrong in

adjudging that the children took their father

in-law's settlement, and secondly, on the NOTICES OF NEW BOOKS. ground that the justices had no power to make

an order for the removal of the children to a parish in which they were not settled.

In reading this case, the distinction should A Supplement to Theobald's Practical Trea

be borne in mind between what may legally be tise on the Poor Laws; containing andone, and what the justices have a legal juris, Expository and Critical Statement of all diction to order to be done. Here the legality the Poor Law Cases reported since that of the order was in question. The case proPublication; together with the Poor Law ceeds on the principle, that the justices can Statutes, 7 W. 4, and 1 Vict., and Notes include in their order only those whose settleupon them. By William Theobald, of ment they have lawfully adjudged ; and the

| adjudication as to the settlement of the the Inner Temple, Barrister at Law, the

| children, was not lawful. But suppose the Drawer of the Original Poor Law Amend-order not to have con

al Poor Law Amend| order not to have contained any adjudication ment Bill for the Commissioners of In- respecting the children, and to have been quiry. S. Sweet, 1837.

merely for the removal of the parents, the

mother clearly would have been bound to We learn from a circular which accom take her children with her, because they were panies this publication, that it is intended of an age at which the law does not allow to be bound with Mr. Theobald's Treatise, children to be separated from their maternal which was published last year. so as to parent: or rather, when the overseer removed form in fact a new edition; and that it is

the mother, he might also remove the children,

for the same reason, that the law would not also sold separately to those who have the

allow their separation. Treatise : besides which, as an independent And probably this was Lord Denman's meanwork, it is a valuable record of the latest ing, in the observation which he made in dedecisions.

livering his judgment, that, “ It may be assu

« PreviousContinue »