Page images
PDF

458 New Table of Fees in the Common Law Courts.Changes in the Law.

poor in every way, thin, weak, and positively defective in utterance. The experience of every age affords numerous examples of this. There is therefore ample encouragement for persons gifted in other respects to endeavour to become public speakers. The fact is, we soon become accustomed to any voice, if it bp perfectly natural. Even though it be disagreeable at first, we speedily get over this, and look to the other qualities of the speaker. It is in every one's power, at any rate, not to call more attention to his voice than is necessary—not to render it more unpleasant than nature has made it. He will do this, assuredly, if he attempts any cadances, any false or affected tones. As well might the peacock endeavour to imitate the nightingale. Let all young speakers, therefore, be contented with whatever nature has given them in this way. Of course, positive defects, such as inabilities to pronounce certain letters, &c. should he overcome, if ible; but let all intonations of voice be to nature, and not to art. In addressing a number of people, many inexperienced persons think they shall be the better heard if they strain their voices. This is a mistake. They will be much better heard if they speak in their natural icy, and give much more pleasure. A strained voice grates disagreeably on the ear, and we listen unwillingly to it; whereas a natural voice, however disagreeable, we get accustomed to, and at last think little about it if the other points of the speaker are good.

This is all I have to say ns to the management of the voice, and it is fully sanctioned not only by my own experience, but that of many public speakers with whom I have conversed.

B.

NEW TABLE OF FEES IN THE COMMON LAW COURTS.

By the Common Law Courts Act, 1 Vict, c. 30, s. 6, the Commissioners of Fees appointed by 11 G. 4, & 1 W. 4, are directed to prepare a table of fees to be received by the officers of the Common Law Courts from and after the 1st January next. This table is first to be laid before the Judges, who are authorized to revise and correct it. We understand that the Fee Commissioners have accordingly prepared a table of fees, and that it is about to be submitted to the Judges.

Soon after the act passed, we called the attention of such of our readers as arc practitioners in these Courts, to the subject of the fees thus to be revised, and subsequently a correspondent, whose letter we published, pointed out the necessity of reducing the office fees paid on proceedings in actions under 20/., on the ground that the costs allowed were in those cases much diminished.

We presume that our professional readers who are engaged in Common Law Practice will lose no time in considering the subject, and making such suggestions as may be necessary. Besides reducing the fees in minor actions, it is desirable that the fees on the early stages of all actions should be moderate, in order that the suitors may not be deterred from seeking redress. The Fee Commissioners have of course drawn a scale which will produce the sum required for defraying the expense of the new officers, and compensating those who retire; but this should not be done by laying any considerable weight on the first step in an action. If a larger fee be necessary, it should rather fall on the latter stages of a.cause, when the parties may expect to be speedily reimbursed. Should the fees on issu ing writs be increased, it is probable that such increase would have the effect of driving the suitor either to give up part of his claim, in order to bring himself within the jurisdiction of the inferior Courts, or to abandon it altogether, or submit to an unjust compromise.

We trust the subject will be well considered before the table of fees be finally settled.

CHANGES IN THE LAW IN THE LAST SESSION OF PARLIAMENT, 1837.

No. XXVI.

MUNICIPAL CORPORATIONS.

1 Vict. C 78. {Concluded from p«jre 4470 Mayor or Councillor In convene a Meeting of the Council to supply Vacancies in the Office of Alderman or Mayor.—That the mayor of every borough named in the said act, and in which no alderman or less than the full Dumber of aldermen shall hare been elected, or if there shall be no mayor the councillor who shall be chosen for that purpose by the greatest number of councillors within the borough, or in case a majority of them shall nut he able to agree, then the councillor chosen before the

poss left

Changes in .

passing of this act assessed and being occupier and owner as aforesaid to the greatest amount in the whole borough, shall within ten days after the vacancies (hereinbefore last mentioned) shall have been filled up, convene a meeting of the council for the purpose of filling any vacancies in the office of alderman, or of mayor, or of mayor and alderman, as the case may be; and at every such meeting such mayor or councillor shall preside, and the council shall proceed to elect the aldermen then to be elected; and immediately after the election of aldermen, if any aldermen are then to be elected, the council shall proceed to elect a mayor, if there shall then be no mayor; and the councillor by whom the meeting was convened Bhall continue to preside at the election of mayor; and in every case of vacancy which may be occasioned among the councillors by reason of any such election of aldermen, and which ought to be filled according to the provisions of the said act, the mayor shall convene j a meeting of burgesses for the purpose of filling such vacancy in the manner provided by the said act in the case of extraordinary vacancies in the office of councillor: Provided always, that the president of any such meeting of the council holden under the provisions of this act for the election of a mayor or alderman in any borough in which there shall be no mayor shall have a second or casting vote in case of an equality of votes, (s 13.)

Manner of electing Aldermen.—That after the passing of this act the election of aldermen by the council shall be in manner following; that is to say, every member of the council entitled to vote in that election may vote for any number of persons, not exceeding the number of aldermen then to be chosen, by personally delivering at such meeting, to the mayor or chairman of the meeting, a voting paper containing the christian name and surname of the persons for whom he votes, with their respective places of abode and description, such paper being previously signed with the name of the member of council voting; and the mayor or chairman of the meeting, as soon as all the voting papers have been delivered to him, shall openly produce and read the same, and immediately afterwards deliver them to the town clerk, to he kept among the records of the borough; arid in case of equality of votes among those entitled to vote the mayor or chairman shall have a casting vote, whether or not he may be entitled to vote in the first instance, (s. 14.)

Auditors and Assessors disqualified to be of the Council.—And reciting that by the said act for regulating corporations it is provided, that no burgess shall be eligible to be or he elected an auditor or assessor who shall he of the council; be it also enacted, that no burgess shall be eligible to be elected a member of the council while holding the office of assessor or elective auditor, (s. 15.)

In case of Illness of Alderman at Election.— That in case of the illness or incapacity to act of any alderman at any election, the mayor shall be empowered to appoint another alder

the Law. 459

man to act in (he room of such alderman during such illness or incapacity, (s. 16.)

Assessor may appoint a Deputy. Appointment to be signified to the Council.—And be it enacted, that every assessor shall be cmpow-' ered and he is hereby directed as soon as conveniently may he after his election, and from time to time as the occasion may arise or to him may seem fit, to appoint under his hand a deputy to act for him in case of his illness or incapacity to act at any election or any revision of the burgess lists; and every such appointment shall be signified by him in writing under his hand to the council, and shall be recorded on the minutes of their proceedings, (s. 17.)

Poll may he closed if an Hour has elapsed without a Vote being tendered.—That at any elections under the provisions of the said act, or of this act, it shall be lawful for the presiding officer to close the poll at any time before | four of the clock, if one hour shall have elapsed during which no vote shall have been tendered for any candidate; provided that no person or persons have within the last hour been prevented from coming to the poll by any riot, violence, orother unlawful means, of which notice shall have been given to the returning officer, (s. 18.)

Mayor, Aldermen, and Councillors under this Act to continue as if elected in due Time.— That every mayor elected under the provisions of this act shall continue in office until his successor shall have accepted the office of mayor, and shall have made and subscribed the declaration required in that behalf; and every alderman and councillor elected under the provisions of this act shall continue in office for the same time as if he had been elected in the month of November last according to the directions of the said act for regulating corporations, (s. 19.)

Proceedings on account of Dffects cured by this Act to be discontinued.—That every proceeding commenced before the passing of this act, and still pending in the Court of King's Bench, against any person upon any ground on which it is herein declared that the validity of the election into any corporate office shall not be questioned, or for the purpose of bringing into question the validity of any election or act which is herein declared to be good, shall be discontinued immediately upon the passing of this act, upon payment of the costs incurred up to that time ; and that the prosecutor or relator shall be entitled to receive from the defendant in every such proceeding all such costs, to be taxed as between attorney and client, according to the practice of such Court. (3. 20.)

No Advantage to be taken under this Act in Actions brought by any Corporation. That no advantage shall be taken of the invalidity of any election which shall be rendered valid by this act in any action already brought or which may be hereafter brought by any corporation, hut such action shall be tried on its merits, as if no such objection could be set up against the plaintiff's right of proceeding; but the

[ocr errors][merged small]

Court in which such action is or shall be brought, or any Judge of the same Court in vacation, sliall on application of the defendant, if the Court or Judge think the invalidity of any such election would have been a defence to such action, order the plaintiff in any such action to pay such defendant his costs up to the time of the application, and also his costs of the application, taxed as between party and party, (s. 21.)

Power to take Extract* from Minutes, fyc.— That from and after the commencement of this act, any burgess of any borough shall be at liberty, at all seasonable times, to make any copy of or take any extract from the book required by the said act to be kept for the purpose of entering the minutes of council, and also to make any copy or take any extract from any order in council of such borough fur the payment of any money; and it shall also be lawful for any alderman or councillor of any borough, at all seasonable times, to make any copy of or take any extract from the book required by the said act to be kept by the treasurer ol such borough, (s. 22.)

Prneeed'tngiof'Quo warranto against Mayor, SfC. to lie commenced within Twelve Montht.— That after the passing of this act every application to the Court of King's Bench for the purpose of culling upon any person to show by what warrant be claims to exercise the office of mayor, alderman, councillor, or burgess in any borough shall be made before the end of twelve calendar months after the election or the time when the person against whom such application shull be directed shall httve become disqualified, and not at any subsequent time, (s. 23.)

Applications may he made to Court of King's Bench for a Mandamus to put a Barges* on the Roll.—That it sliall be lawful for any person whose claim shall have been rejected or name expunged at the revision of the burgess roll of any of the said boroughs, to apply before the end of the term then next following, to the Court of King's Bench for a mandamus to the mayor for the time being of that borough to insert his name upon the burgess roll, and thereupon for the Court to inquire into the title of the applicant to be so enrolled; and it' the Court shall award such mandamus, the mayor shall be bound to insert the name upon the burgess roll, and shall add thereunto the words "By order of the Court of King's Bench," and shall subscribe his name to such words; and thereupon the person whose name shall be so added to the burgess roll shull be deemed a burgess, and entitled to vote and . act as a burgess in all respects as if lii.s name had been put upon the burgess roll by the mayor and assessors; and upon every such application the Court shall have power to make such order with respect to the costs as to the Court shall seem fit. (s. 24.)

In case Elections are not made within the Time appointed by 5 6 IV. 4. c, 7G, and this Act, the Corporations may proceed to such Elections on the following Day.—That after the passing of this act, in case no election shall be

made of any mayor, or any of the aldermen, councillors, or other corporate officers, in any borough named in the said schedules, upon the day or within the time appointed by the said act for regulating corporations or by this act for any such election, or such election being made shall afterwards become void, whether such omission or avoidance shall happen through the default of the officer or officers who ought to preside at such election, or by any accident or other means whatsoever, the corporation shall not thereby be deemed or taken to be dissolved or disabled from electing such mayor, alderman, or councillor, or other corporate officer, for the future, but in any case where no such election shall be made as aforesaid, the election for any such mayor, alderman, councillor, or other corporate officer may be had, held, and proceeded with upon the day next after the day on which such election ought to have been made, unless such day shall happen to be ou a Sunday, and then upon the Monday following, and every act necessary to be done in order to and for the completing such election shall and may be then done, and the same shall be as effectual and valid for all purposes as if the election had been made on the proper day appointed for that purpose, (s. 25.)

Power given to Court of King's Bench under 11 G. I, c. 4, extended to Elections under 5 djr 6 W. 4, c. /6, and this Act.—That after the passing of this act all the powers, authorities, and jurisdictions by an act of the eleventh year of the reign of his late Majesty King George the First, intituled "An Act for preventing the Inconveniences arising from Want of Elections of Mayors or other Chief Magistrates of Boroughs or Corporations being made upon the Days appointed by Charter or Usage for that Purpose, and directing in what Manner sucli Elections should he afterwards made," given to his Majesty's Court of King's Bench in casef where no election shall be made of the mayor, bailiff or bailiffs, or other chief officer or officers of cities, boroughs, or towns corporate, upon the clay or within the time appointed by charter or usage for that purpose, and that no election is made pursuant to the directions in that act prescribed, or such election being made shall afterwards become void as in that act mentioned, shall, and the same are hereby extended to all cases in which no election shall be made of any mayor, alderman, councillor, or other corporate officer, or other person, to any corporate office, on the day or within the time appointed for any such election under the provisions of the said act of the fifth and sixth years of the reign of his present Majesty for regulating corporations, or of this act; and the said Court of King's Bench is hereby empowered in all such cases to award a mandamus, and to cause such proceedings to be had thereupon, and to make such orders, and to do all other acts, matters, and things in respect thereof, as fully and effectually as the said Court is now by law authorised in any other cases of mandamus for the election of any officers of corporations;

[merged small][ocr errors]

and the election to be held under such manilnmui shall be held and the proceedings thereon conducted within the borough in the same manner and under the like regulations and provisions as are in the 6aid act of his Majesty King George the First enacted and provided, (s. 26.)

Freemen may he admitted who were entitled before the pasting of 5 8f 6 IV. 4, c. 76.—That every persou who at the time of the passing of the said act for regulating corporations was entitled to be admitted to the freedom of any borough named in the schedules to the last recited act, shall be entitled to be admiited thereunto in like manner, and subject to the same conditions, restrictions, and limitations, in all respects, as any person who shall have acquired his title to such freedom after the passing of the last recited act. (s. '27.)

Monet/ borrowed to discharge any pre-existing Debt to be deemed a Debt contracted before the passing of 6 Sr 7 ff. 4, r. 104.—And reciting that by 6 & 7 W. 4, c. 104, it is enacted, that it shall be lawful for the council of any borough named in the schedules (A.) and (B.j annexed to the first hereinbefore mentioned act, to execute from time to time any deed or obligation in the name of the body corporate whose council they are for securing repayment and satisfaction of any debt or obligation contracted by or on behalf of the said body corporate before the passing of the said act for regulating corporations; it is enacted, that any money borrowed by any such council for the purpose of being applied and which shall be actually applied in or towards satisfaction and discbarge of any such pre-existing debt or obligation shall he deemed and taken to be, within the true intent and meaning of the said act of the last session of parliament, a debt contracted by or on behalf of such body corporate before the passing of the said act for regulating corporations, (a- 28.)

Overseers may levy Borough Rates on Parts exclusively of any Parish within the limits of the Borough.—And reciting that the limits of the boroughs in some cases extend over parts of parishes, townships, and places, parochial or otherwise, leaviug the remainder of such parishes, townships, and places, without the limits of such boroughs; and doubts have arisen whether the said act contains provisions under which the share which ought to be paid by the parts included within the limits of any borough of any borough rate to be levied in pursuance of the same act can be assessed and levied upon such parts exclusively of the remainder not within the limits of the borough; now it is enacted, that the overseer or overseers of the poor within any parish, township, or place whereof part lies within the limits of a borough as aforesaid, or any person or persons who, in pursuance of the powers contained by reference in the said act, shall be appointed to act as overseer or overseers, shall and may and is and are hereby empowered to levy and raise, in manner directed by the said act, upon such part exclusively of any parish, township, or place as is situate within the limits of such

borough, such sum or sums of money as shall be required to pay every borough rate (including rates already paid by such overseer or overseers or other person or persons) assessed and to be hereafter assessed under the authority in the said act, upon such part of any such parish, township, or place as lies within the limits of such borough, (s. 29.)

Certain Mutters of Local Jurisdiction made cognizable by Justices of Peace for the County, Sfc. 6 & 7 IP. 4, c. 103.—That all matters cognizable by virtue of any local act of parliament or otherwise by any justice of the peace or by the general or quarter sessions of the peace having jurisdiction within any place which since the passing of the said act for regulating corporations, or of an act passed in the sixth and seventh year of the reign of his present Majesty, intituled " An Act to make temporary Provision for the Boundaries of certain Boroughs," has ceased or which under any future act may cease to be within and to be part of any borough or the liberties thereof, shall be cognizable by the justices of the peace or the general or quarter sessions of the county, riding, or division, liberty or jurisdiction, within which such place is situate, in the same manner and subject to the same provisions as the same were within the jurisdiction of the justices of the peace for that borough or place, or of the general or quarter sessions of the same. (s. 30.)

Offences against local Acts made cognizable by Borough Justices.—That after the passing of this act all offences committed within any borough, or the precincts thereof, against the revisions of any local act of parliament, shall e cognizable by the justices of such borough, and such justices shall possess all the powers and jurisdiction with respect to such offences which were heretofore possessed by the justices of any county, riding, division, liberty, or jurisdiction, by virtue of any such local act: Provided always, that in every case in which imprisonment might be awarded for any such offence, or to enforce payment of any penalty imposed by any such act, such imprisonment may be awarded to take place in any gaol to which the justices of that borough have power to commit offenders, (s. 31.)

Before whomCourts of Record may beholden. That every court of record for the trial of civil actions within any borough named in the schedules to the said act for regulating corporations may in the absence of the recorder be holden for all purposes within the competency of the said court (except the trial of issues in law or in fact) before any person whom the recorder shall from time to time appoint for that purpose under his hand and seal, such person being a barrister at law or attorney of five years practice, (s. 32.)

Orders, affidavits, dye. now made by or beforv the recorder, may be made by or before the registrar in absence of the recorder.—That all rules, orders, and affidavits, and all other matters and things, (except the trial of issues in law or in fact,) in any way relating to the business of any borough court of record, not regulated by local act of parliament, of which

[ocr errors]
[ocr errors][merged small]

the recorder or his deputy is or hereafter may become the judge or now acts as assessor, which must now by law he made, sworn, or done by or before such recorder or such deputy, or other the judge of the said court, may be made sworn or done, either in court or out of court in the absence of the said recorder or his deputy, by or before the registrar of such court or such other person, being a barrister at law or attorney of live years standing, as the recorder shall appoint under his hand and seal. (.. 33.)

Recorders to be sole .Judges of Borough Courts in which they net as Assessors. 6 / W. 4, c. 105.—That in every such borough court of record in which the recorder acts as assessor, he shall after the passing of this act be the sole judge; and that the provisions of this act and of the said act for regulating corporations, and also of an act passed in the last session of parliament, intituled "An act for the better administration of justice in certuin boroughs," shall extend to all such courts of which the recorder now acts as assessor, or of which he shall hereafter become the judge, anything in the last mentioned acts or either of them to the contrary notwithstanding, (s. 34.)

Jurisdiction of Court of Record may be extended.—That if his Majesty shall be pleased upon the joint petition of the council of any borough named in either of the schedules to the said act for regulating corporations, and of the justices of the adjoining county, riding, parts, or division of a county, in quarter sessions assembled, to grant that the jurisdiction of any court of record for the trial of civil actions, or of any court of requests or of concience for the recovery of small debts within such borough, shall be extended over any district adjacent to the said borough, and within the jurisdiction of such quarter sessions, such as to his Majesty with the advice of his privy council, shall seem fit, the jurisdiction of every such court respectively shall be extended according to the tenor of the grant; and all the powers and provisions contained in the said act for regulating corporations, and in 6 & 7 W. 4, c. 106, intituled An act for the better administration of justice in certain boroughs," and in this act, relating to any such court, shall extend to the whole district comprised within such extended jurisdiction, (s. 35.) •

Jurors may be summoned more than once yearly, irhen all who are qualified have been once mmmoned.—And reciting that by the said act for regulating corporations it is provided that no person shall be summoned to serve as a juror at the court of session of the peace, or court of record, in any borough named in either of the schedules to the said act, oftener than once in one year; be it enacted, that nothing in the said act contained shall prevent or excuse any person, qualified and liable to serve on any such jury, from being summoned a second time in one year in case every person qualified and liable so to serve shall have been summoned once during that year. (s. 36.)

Councils of Boroughs to have same powers as justices in general or quarter sessions had in

relation to building, Src. gaols, S(c.—That the several councils of the cities of Canterbury, Litchfield, and Lincoln, and of every other borough named in the schedules to thc said act for regulating corporations, shall have all the powers for building, enlarging, and repairing any gaol or house of correction belonging to their city or borough respectively which the justices having the government or ordering of any gaol or house of correction in any city or borough within the provisions of 4 G. 4. c. 64. or of 5 G. 4. c. 85, had in general or quarter sessions before the passing of thc said act for regulating corporations; subject nevertheless to any alteration made in the last recited acts, or either of them, by 5 & 6 W. 4, c. 38, and all things by an act of parliament provided to be done at any general or quarter sessions of the peace, in relation to the building, enlarging or repairing any such gaol or house of correction, shall be done at some quarterly meeting of the council of the city or borough; provided always, that before the building, enlarging or repairing any such gaol or house of correction the expediency thereof shall first be certified under the hand of the recorder or other judge of such city or borough: provided also that all rules and regulations made for the government of any prisoners confined in any such gaol or house of correction shall be ap'proved by two or more justices acting in and for that city or borough before they shall be transmitted to the secretary of state, (s. 37.)

Justices of Cities or Boroughs to regulate Gaols, Sfe. therein at Quarterly Sessions.—That all the powers of regulation which before the passing of the said act for regulating corporations were possessed by the Justices having the government or ordering of any such gaol or house of correction, and all things by any act of parliament provided to be done at any general or quarter sessions of the peace in relation to the regulating of any such gaol or house of correction, shall, subject to any such alteration as aforesaid, be exercised or done by the justices of the city or borough to which such gaol or house of correction shall belong, and for that purpose the justices shall hold a quarterly session at the usual times of holding quarterly sessions of the peace; provided that no order made by the justices in pursuance of these powers which shall require the expenditure or payment of any money shall be of force until confirmed by the council of that city or borough, fs. 38.)

Mayor, Sfc. not to be interested in any contract for building Sec. Gaols, t)-c.—That it shall not be lawful for any mayor, alderman, councilman, or other officer of a corporation, to be interested or concerned or employed, directly or indirectly, as an architect, builder, artist, mechanie, workman, merchant, trader, or otherwise howsoever in any part of the work to be done or materials to be supplied at any such gaol or house of correction, or in any contract whatever relating thereto; and if any one holding such office shall be so interested, concerned, or employed in such work or contract | as aforesaid, he shall thenceforward be «bs

« PreviousContinue »