All these points, and many others, will REMOVAL OF THE COURTS. elevated to the rank of "judge." We give the parties credit for their cunning, if not be open to further discussion, if the bill their fair-dealing. Our brethren, however, should be sanctioned by the Upper House must watch the further progress of the and receive the royal assent. ; plan, when it comes to be developed in practical rules and regulations, and tables of fees; or perhaps, the wedge having thus ingeniously been introduced, we shall next session have a bill to overcome some difficulties which the rules and regulations will not be able to effect. We shall "bide our WE have " many a time and oft" advotime," and hope yet to see the evil miticated the removal of the courts from gated, if not redressed. Palace Yard to the vicinity of Chancery METROPOLITAN IMPROVEMENTS. If the measure were carried out to the full Lane, and we lately called attention to the extent that seems contemplated by these progress which the subject was making, by court-of-conscience clerks, it would follow, the appointment of a select committee of that the common law courts at West- the House of Commons to take further minster must be remodelled. If all actions evidence. The promoters of the measure throughout the length and breadth of Eng- are now engaged in adducing that eviland and Wales up to 201. are to be with- dence before the select committee. drawn from Westminster Hall, we believe that the number of judges may be reduced, and the number of calls to the bar diminished by at least one-half. Considerable sensation has been excited in the neighbourhood of Chancery Lane and Carey Street by the surveys and valuations which are in progress. A meeting The question is, however, yet to be was lately held at the Incorporated Law settled, whether the public will submit to Society to consider the subject; commube driven into these petty courts by the nications have been made to the proper ousting of the concurrent jurisdiction of the authorities for promoting the desirable superior courts. We believe the mer-object in view; and from all we learn, the chants, manufacturers, and wholesale tra- case appears to be making favourable proders, if not the shopkeepers also,-will gress. make a stand against this innovation of We extract the following from the their right to choose what court they Observer newspaper, which is generally please for the recovery of their de- distinguished for accurate information :— mands. Englishmen like to have everything "of the best," and we are much mistaken if an inferior article of justice will satisfy them. "We understand the commissioners for the improvement of London have it in contemplation to open a most important avenue from the west end of the town to the city, with a view of By one of the new clauses, an action for relieving the crowd of carriages now so incona sum exceeding 10. in these enlarged veniently congregated at times in Holborn and courts may be removed by certiorari to in the Strand. This new street is to continue one of the superior courts, on such terms the line opened from Coventry Street through as a judge may order. If the defendant of Bow Street obliquely across Drury Lane to Leicester Square to Long Acre, from the corner may thus remove the cause, it would seem Carey Street, on the south side of Lincoln's to be the intention to permit the plaintiff Inn Fields; thence across Chancery Lane to select the superior court in the first through the Rolls property, midway between instance; but this is only matter of infer- Holborn and Fleet Street, to Farringdon Street, ence, for as most of the petty courts are and passing under an arch to the wide part of exclusive in their jurisdiction up to a the Old Bailey. This valuable opening is certain amount, it will be a questioning from the north side of St. Clement's again to be intersected by a wide street extendwhether, when "enlarged" both in juris- Church, known as Pickett Place, into the diction and district, its exclusive power centre of Lincoln's Inn Fields, across which will not also be enlarged? We should say the street will go directly into Holborn, to join that the jurisdiction of the superior court Red Lion Street, and thence direct to the cannot be ousted by implication. So also Foundling Hospital; thus opening a noble the right which an attorney possesses, avenue, long wanted, from the north to the under the 6 & 7 Vict. c. 73, of being ad"There is also every reason to believe that mitted in all inferior courts, cannot be the long-required establishment of the courts taken away without an express repeal of of law in a central part of the metropolis will that right. be established. Surveyors have been engaged south side of London. 252 New Statutes Effecting Alterations in the Law. TIONS IN THE LAW. during the past week in measuring the new NEW STATUTES EFFECTING ALTERAsite, which is to extend from Boswell Court, Carey Street, to Bell Yard, Temple Bar, extending back towards the Strand; thus bringing the courts close to Lincoln's Inn and the Temple, and midway between the east and west SEAL OFFICE ABOLITION. 8 & 9 VICT. c. 34. of the courts of Queen's Bench and Common Pleas. [21st July, 1845.] and north and south portions of London. The An act for abolishing the separate Seal Office plan is consistent with common sense and the convenience of the public. The plan will be carried out by Mr. Barry, the celebrated architect, and, combined with the new streets, north and south, east and west, referred to above, will indeed be a boon to the public, as well as a vast advantage to the metropolis in a healthful as well as moral point of view." corpo The following are the names of the select committee: and Comptroller of the Seal.-Whereas by an 1. Abolition of offices of Receiver-General act passed in the 6 G. 4, c. 89, intituled "An act to authorize the Purchase of the Office of Receiver and Comptroller of the Seal of the Court of King's Bench and Common Pleas, and The Rolls estate has also been under of Custos Brevium of the Court of Common consideration as an eligible site, and Pleas," it was recited, that the office of receiverthough its somewhat triangular shape is general and comptroller of the seal of the courts unfavourable for the edifice required, an letters patent under the great seal of England, of King's Bench and Common Pleas was, by exchange of land might be effected. The dated the 30th April, in the 25th year of Chas. 2, approaches to it are not equal to that of granted to Henry Earl of Euston, afterwards the Temple Bar site, but the projected Duke of Grafton, in tail male, and that the new street would obviate that objection. office was then held by a person entitled thereWe shall rejoice if either position be to under the said grant; and it was by the said taken, and heartily wish that the promo- commissioners of the treasury to treat, contract, act enacted, that it should be lawful for the ters of this most acceptable of all law and agree with the person beneficially entitled reforms may meet with early success. to the fees, receipts, and profits of the said We understand that the proposal, so far office, for the purchase of all the rights, profits, as it bears upon the future improvements privileges, and advantages whatever belonging in the city, has received very cordial sup- thereto, for such annuity, to be charged upon port from influential persons in the the consolidated fund of the United Kingdom, ration. as the said commissioners should think fit; and that from and after the confirmation of the said agreement by parliament the rights and interests of all persons whatsoever claiming or entitled to claim under the said recited letters patent should cease and determine: And whereas the commissioners of her Majesty's treasury treated, contracted, and agreed with George Henry Fitzroy, the late Duke of Grafton, who was entitled to the office of receiver-general and comptroller of the seal of the courts of Queen's Bench and Common Pleas, and which contract and agreement have been acceded to chase of the said office, and of all the rights, by the present Duke of Grafton, for the purprofits, privileges, and advantages whatsoever belonging thereto, for an annuity of 8431., payable to the Duke of Grafton, and an annuity of 300l. payable to John Pimlott, his deputy: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That from and after the 31st day of December 1845, the present office of receiver-general and comptroller of the seal of the courts of Queen's Bench and Common Pleas shall wholly cease and determine; and there shall be paid to the present Duke of Grafton the sum of 8437. per annum, and to John Pimlott, his deputy, the sum of 3007. per annum; the said annuity to the Duke of Grafton to be paid to him during Mr. Maugham, the Secretary of the his life, and at his decease to be continued from Incorporated Law Society. Mr. C. Buller. Mr. Roebuck. The first meeting took place on Thursday last, when there was a full attendance of the committee, viz. :- Mr. Buller, (the Chairman,) Lord Lincoln, Sir R. Inglis, Sir E. Colebrooke, Mr. Bodkin, Mr. Pakington, Mr. Nicholl, Mr. Howard, Mr. Roebuck, Mr. Aldham, and Mr. Villiers. The following witnesses were examined Mr. Barry, the Architect; Mr. Lambert Jones, the Chairman the City Improvement Committee; Mr. Cadogan, the Surveyor; : of Mr. Parkinson, the Chief Clerk of the Accountant-General of the Court of Chancery; and time to time to such person or persons as would New Statutes Effecting Alterations in the Law. have been entitled to the fees, profits, and advantages of the said office of receiver-general and comptroller of the seal of the said courts, under the letters patent before recited, if the same had not been abolished by this act; and the said annuity to John Pimlott to be paid to him during his life; and such annuity shall commence on the 1st day of January 1846, and shall be issued and paid and payable quarterly out of and be charged and chargeable upon the consolidated fund of the united kingdom of Great Britain and Ireland. 253 3. Commissioners of the treasury may direct certain sums of money to be paid to the clerk of the Hanaper.-And whereas certain sums of money, amounting to 1,653l. 14s. per annum, have for many years past been paid out of the profits of his office by the receiver-general and comptroller of the seals of the courts of Queen's Bench and Common Pleas, by way of rentcharge, into the receipt of the hanaper in the Court of Chancery, and such payments, unless otherwise provided for, will wholly cease and determine; be it therefore enacted, That it shall be lawful for the commissioners of her Majesty's treasury, or any three or more of them, if they shall deem it expedient, to direct the whole or any part of the said sum of money to be paid to the clerk of the hanaper in the Court of Chancery, at such times and in such manner as they may think proper, out of the fee funds respectively of the masters of the courts of Queen's Bench and Common Pleas, into which funds the fees for sealing writs and other process issued from the said courts will be payable upon the abolition of the said office of the receiver-general and comptroller of the seals by the operation of this act. DECLARATION SUBSTITUTED FOR OATH IN BANKRUPTCY. 8 & 9 VICT. c. 48. 2. Writs, &c. in courts of Queen's Bench, Common Pleas, and Exchequer to be sealed by the masters of those courts respectively, &c. Fees. And be it enacted, That from and after the said 31st day of December 1845, all writs and other processes hitherto sealed and re-sealed at the said office of the receiver-general and comptroller of the seal of the courts of Queen's Bench and Common Pleas shall be sealed and re-sealed by the masters of the said courts respectively, and by the Queen's coroner and attorney and master on the crown side of the Court of Queen's Bench, with the seals or stamps now or which may hereafter be used by them respectively in their several offices, and with no other seals; and all proceedings, acts, matters, and things usually had, done, and performed in the said offices hereby abolished, and which it is requisite or needful to be continued, shall be had, done, and performed by An Act to substitute a Declaration for an Oath the masters of the said respective courts, and in Cases of Bankruptcy. [21st July, 1845.] by the Queen's coroner and attorney and 1. Bankrupts may be examined after making master on the crown side of the Court of and signing declaration.-Whereas it is highly Queen's Bench, as fully and effectually, to all desirable that oaths shall not be administered intents and purposes, as the same might or unnecessarily by public authority, and there is would have been had, done, and performed by reason to believe that the examination of a the said receiver-general and comptroller of the bankrupt or of the wife of a bankrupt before seals of the said courts, or his deputy; subject commissioners in bankruptcy will be equally nevertheless to all such orders and directions effectual for obtaining a disclosure of the truth, as shall or may from time to time be made by and a full discovery of all that can be useful for the judges of the said courts for regulating the the benefit of creditors, when such examination proceedings and practice and the receipt of fees is conducted without oath: Be it therefore entherein; and all records, books, papers, and acted by the Queen's most excellent Majesty, other documents of and concerning the duties by and with the advice and consent of the Lords of the said offices hereby abolished, and also all spiritual and temporal, and Commons, in this seals used therein, shall on the 31st day of present parliament assembled, and by the auDecember 1845, be delivered by the said re- thority of the same, That all persons who are ceiver-general and comptroller of the seal of now or shall be hereafter declared bankrupts the courts of Queen's Bench and Common Pleas, under any fiat, or the wives of such persons or by his deputy, to the masters of the courts respectively, shall and may be hereafter ex of Queen's Bench and Common Pleas respec-amined before such commissioners without tively, and to the Queen's coroner and attorney being sworn, but after making and signing the and master on the crown side of the Court of declaration contained in the schedule hereunto Queen's Bench, according to the particular annexed. court and office to which such records and other things may relate, to be by them kept and preserved in their respective offices: Provided always, that the fees now payable for sealing and re-sealing the said writs and other processes shall from and after the said 31st day of December 1845, be taken and received by the masters of the said courts, and by the Queen's coroner and master in the crown office, and such fees shall be accounted for by them in the same manner as all other fees received in their said respective offices. 2. Penalty for making false declaration.And be it enacted, That if any person so to be examined shall, in the course of the examination, wilfully make any false statement, such person may be thereupon convicted of a misdemeanor, and shall be, at the discretion of the court before which the conviction shall take place, liable to undergo the pains and penalties now by law imposed upon persons guilty of wilful and corrupt perjury. 3. Not to affect right of commissioners to commit for unsatisfactory answers, &c.-Pro vided always, and be it enacted, That nothing herein shall in anywise affect the right of the commissioners of bankrupt to judge how far the answers to be made are satisfactory, or to commit to prison in case they should hold such answers to be unsatisfactory, nor the right of any commissioner or creditor to withhold his signature from the certificate of conformity. SCHEDULE. Form of declaration to be made by the bankrupt or the bankrupt's wife. I A. B., the person declared a bankrupt under a fiat in bankruptcy, [or I C. D., the wife of, &c.,] do solemnly promise and declare, That I will make true answer to all such questions as may be proposed to me respecting all the property of the said A. B., and all dealings and transactions relating thereto, and will make a full and true disclosure of all that has been done with the said property, to the best of my knowledge, information, and belief. (Signed) A. B. CAP. 5. An act for granting to her Majesty, until the 5th day of July, 1846, certain duties on sugar imported into the United Kingdom. [24th April, 1845.] CAP. 6. An act to repeal the duties and laws of excise on glass. [24th April, 1845.] CAP. 7. An act to repeal the duties of customs due upon the exportation of certain goods from the United Kingdom. [24th April, 1845.] CAP. 8. An act for punishing mutiny and desertion, and for the better payment of the army, and their quarters. [24th April, 1845.] CAP. 9. An act for the regulation of her Majesty's Royal Marine Forces while on shore. [24th April, 1845.] CAP. 10. An act to make certain provisiona for proceedings in bastardy. [8th May, 1845.] CAP. 11. An act for assigning sheriffs in Wales. [8th May, 1845.] CAP. 12. An act to alter and amend certain duties of customs. [8th May, 1845.] [or C. D., the wife of the said A. B.] excise on sugar manufactured in the United CAP. 13. An act to repeal the duties of 8 VICT. c. 11. SHERIFFS IN WALES. An act for assigning sheriffs in Wales. [8th May, 1845.] in each of the shires in Wales be nominated 2. And be it enacted, That this act may be amended or repealed by any act to be passed in this session of parliament. LIST OF PUBLIC GENERAL ACTS. 8 VICT. CAP. 1. An act to apply the sum of eight millions out of the Consolidated Fund to the service of the year 1845. [18th March, 1845.] CAP. 2. An act to continue for three years the stamp duties granted by an act of the fifth and sixth years of her present Majesty to assimilate the stamp duties in Great Britain and Ireland, and to make regulations for collecting and managing the same, until the tenth day of October, 1845. [18th March, 1845.] Kingdom, and to impose other duties in lieu thereof. [8th May, 1845.] CAP. 14. An act to exempt ships carrying passengers to North America from the obliga tion of having on board physician, surgeon, or apothecary. [8th May, 1845.] CAP. 15. An act to repeal the duties of excise on sales by auction, and to impose a new duty on the license to be taken out by all auctioneers in the United Kingdom. [8th May, 1845.] CAP. 16. An act for consolidating in one act certain provisions usually inserted in acts with respect to the constitution of companies incorporated for carrying on undertakings of a public nature. [8th May, 1845.] CAP. 17. An act for consolidating in one act certain provisions usually inserted in acts with respect to the constitution of companies incorporated for carrying on undertakings of a public nature in Scotland. [8th May, 1845.] CAP. 18. An act for consolidating in one act certain provisions usually inserted in acts authorising the taking of lands for undertakings of a public nature. [8th May, 1845.] CAP. 19. An act for consolidating in one act certain provisions usually inserted in acts authorising the taking of lands for undertakings of a public nature in Scotland. [8th May, 1845.] CAP. 20. An act for consolidating in one act certain provisions usually inserted in acts authorising the making of railways. [8th May, 1845.] CAP. 21. An act to amend an act of the 53rd of George the Third for appointing a stipendiary magistrate for the townships of CAP. 3. An act for the appointment of Manchester and Salford, and to provide a sticonstables or other officers for keeping the pendiary magistrate for the division of Manpeace near public works in Scotland. [18th chester. [8th May, 1845.] March, 1845.] CAP. 4. An act to continue for three years the duties on profits arising from property, profession, trades, and offices. [5th April, 1845.] CAP. 22. An act to enable the Commissioners of Greenwich Hospital to widen and improve Fisher Lane, in Greenwich, and for other purposes connected with the estates of the said commissioners. [8th May, 1845.] Appeals from the Decisions of the Revising Barristers. 255 APPEALS FROM THE DECISIONS OF from a return to the House of Commons on THE REVISING BARRISTERS. the 20th June, of the decisions of the Court of Common Pleas on the appeals from the revising barristers in the last year. These decisions may be of service to our readers in the ap We are induced, on account of the preparations for the sittings of the revising barristers, to lay before our readers the following extracts proaching contests: No. 1. The question in this case arose upon the sufficiency of the description of the place of abode of the objector, in a notice of objection given under 6 Vict. c. 18, s. 7; and the court held it to be sufficient, where it was the same as the description of his name in the register; and that at all events it is sufficient if he has not changed his abode since the publication of such register. John Gadsby, Appellant; For the Appellant. Samuel Warburton, Respon dent. .. John Gadsby, Appellant; For the Appellant. James Barrow, Respondent. William Eckersley, Ap- For the Respondent. pellant; John Barker, Respon dent. Robert Baxter, Appel- For the Respondent. lant; Edward Newman, Re spondent. Bobert Baxter, Appel- For the Respondents. lant; the Overseers of Don caster, Respondents. Thomas Davis, on behalf For the Respondent. of himself and others, Ap pellant; Thomas Waddington, J. D. Simpson, Appel-For the Respondent. lant; Nelson Wilkinson, Respondent. held, that if such qualification is a house, situate in a street, lane, or other like place, it is sufficient to give the name of the street or lane, and the number of the house (if any), and that it is unnecessary to add the name of the property, or the name of the occupying tenant. No. 4.-This was a case in which land had been bought, and a fulling-mill erected thereon, and fitted up with the requisite machinery, out of monies contributed by a large number of No. 2.-In this case the question arose upon persons, of whom 37 on the present occasion the proper construction of the 20th section of claimed the right of voting for the county, in the statute 2 Will. 4, c. 45, the clause which respect of their freehold interest in the land confers the right of voting, for the first time, and mill. The land had been conveyed to "on any person who shall occupy as tenant trustees and their heirs, and was vested in them any lands ortenements for which he shall be bond for the purpose of the conduct and managefide liable to a yearly rent of not less than 501.;" ment of the trade, in which all the shareholders and the court held, that in order to satisfy those words, the tenant must occupy land to that amount of rent, under a single taking, and that premises held under different landlords cannot be joined together to make up the qualification. were jointly concerned as copartners; and the trusts of the deed were such, that in certain events the trustees might have the power of dealing with this real property as if it had been personal property only. But nevertheless, as there was no trust which was absolutely incomNo. 3.-In this case the question was upon patible with the existence of a present equitable the sufficiency of the description of the qualifi- freehold interest in the premises, in the several cation of a voter for a county, in the list of shareholders, the Court of Common Pleas County voters published by the overseers, pur-held; that such equitable interest might be suant to the 6 Vict. c. 18, s. 5; and the court considered as vested in them, and the amount P 5 |