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Superior Courts: Rolls.

warehouse or the vessel duty-free, upon the certain parts of certain counties of cities to ad

previous substitution of an equivalent quantity of flour or biscuit in the warehouse.

joining counties, for making further provision CAP. 104. An act to empower the commis- limiting the borough rate, and for continuing for compensation of officers in boroughs, for sioners of her Majesty's woods to appropriate an act to restrain the alienation of corporate to building purposes the area of Darby Court, property in Ireland. in the parish of St. James, Westminster.

CAP. 105. An act for amending certain acts" An act to carry into execution a Convention CAP. 122. An act to amend an act, intituled of the 4th and 5th years of the reign of her between his Majesty and the Emperor of Brazil, Majesty, for facilitating the administration of for the Regulation and final Abolition of the justice in the Court of Chancery; and for pro- African Slave Trade." viding for the discharge of the duties of the subpoena office after the death, resignation, or removal of the present patentee of that office. See the act, p. 333, ante.

CAP. 106. An act to amend the law of real property. See the act, p. 314, ante.

CAP. 107. An act for the establishment of a central asylum for insane persons charged with offences in Ireland; and to amend the act relating to the prevention of offences by insane persons, and the acts respecting asylums for the insane poor in Ireland; and for appropriating the lunatic asylum in the city of Cork to the purposes of a district lunatic asylum.

CAP. 108. An act for the further amendment of an act of the 6th year of her present Majesty, for regulating the Irish fisheries.

CAP. 109. An act to amend the law concerning games and wagers.

CAP. 110. An act for the better collecting borough and watch rates in certain places. CAP. 111. An act to amend the laws relating to the assessing of county rates.

CAP. 112. An act to render the assignment of satisfied terms unnecessary. See the act, p. 354, ante.

CAP. 113. An act to facilitate the admission in evidence of certain official and other documents. See the act, p. 335, ante.

CAP. 114. An act for the abolition of certain fees in criminal proceedings.

CAP. 115. An act for the appointment of a taxing master for the High Court of Chancery in Ireland.

CAP. 116. An act for the protection of seamen entering on board merchant ships.

CAP. 117. An act to amend the laws relating to the removal of poor persons born in Scotland, Ireland, the islands of Man, Scilly, Jersey, or Guernsey, and chargeable in England.

CAP. 118. An act to facilitate the inclosure and improvement of commons and lands held in common, the exchange of lands, and the division of intermixed lands; to provide remedies for defective or incomplete executions, and for the non-execution of the powers of general and local inclosure acts; and to provide for the revival of such powers in certain cases.

CAP. 119. An act to facilitate the conveyance of real property. See the act, p. 352, ante.

CAP. 120. An act for facilitating execution of the treaties with France and the United States of America for the apprehension of certain offenders.

CAP. 121. An act to amend and explain certain provisions of an act of the 3rd and 4th years of her present Majesty, for annexing

of the next session of parliament an alteration CAP. 123. An act to authorize until the end of the annuities and premiums of the Naval Medical Supplemental Fund Society.

CAP. 124. An act to facilitate the granting of certain leases. See the act, p. 315, ante.

day of July 1846, and to the end of the then CAP. 125. An act to continue until the 31st session of parliament, certain acts for regulating turnpike roads in Ireland.

provision and regulation of lunatic asylums for CAP. 126. An act to amend the laws for the counties and boroughs, and for the maintenance and care of pauper lunatics in England.

payment of small debts. See the act, p. 296 CAP. 127. An act for the better securing the and notes, 309, 329, ante.

CAP. 128. An act to make further regula-
delivered to silk weavers in certain cases.
tions respecting the tickets of work to be

nine millions and twenty-four thousand nine
CAP. 129. An act for raising the sum of
service of the year 1845.
hundred pounds by exchequer bills, for the

CAP. 130. An act to apply the sum of ten two hundred and thirty-nine pounds one shilmillions eight hundred sixty-nine thousand ling and seven-pence out of the consolidated the year 1845, and to appropriate the supplies fund, and certain other sums, to the service of granted in this session of parliament.

law, p. 289, ante.]
[See a summary of statutes relating to the

RECENT DECISIONS IN THE SUPE-
RIOR COURTS.

Kolls Court.

[Reported by SAMUEL MILLER, Esq., Barrister-atLaw.]

PRACTICE.

ENTERING APPEARANCE FOR
DEFENDANT.

Where a motion is made for leave to enter an
appearance for a defendant under the 4 & 5
W. 4, c. 82, upon the ground that the de-
fendant secretes himself in order to avoid
being served with a subpœna, and it appears
that he has employed a solicitor in relation
to the matter in question in the cause, the
affidavit in support of the motion should
not only state that application has been
made to the defendant's solicitor, but should
state some grounds for inducing the court
to believe that such solicitor still continues
to act as the defendant's solicitor.

Superior Courts: Rolls.-Q. B. Practice Court.

THIS was an application for leave to enter an appearance for the defendant, by virtue of the 4 & 5 W. 4, c. 82, under the following circumstances. By indenture of settlement dated the 24th of July 1819, an estate called Foxcote, in the county of Gloucester, was limited to the use of Thomas Young Lester and Mary Trye, his intended wife, for life, with remainder to the survivor, with remainder to the wife in fee. There was no issue of the marriage, and Thomas Young Lester having survived his wife, died on the 25th of February 1829, whereupon the plaintiff as the heir of the wife became entitled by descent to the estate in question.

In November 1843, the plaintiff brought an ejectment against the defendant, who had obtained possession of the title deeds of the estate through his marriage with the second wife of Thomas Young Lester, but the defendant having set up a fine with proclamations levied after the death of Thomas Young Lester, and also a feoffment from the tenants of the property, the plaintiff was nonsuited. The plaintiff in consequence, on the 6th December 1844, instituted the present suit, and on the same day caused a subpoena to be issued for the defendant to appear and answer. The bill prayed that the feoffment and fine might be declared fraudulent and void, and that the defendant might be decreed to reconvey and deliver up possession of the estate and the title deeds to the plaintiff, and to account for the rents received by him since the death of Thomas Young Lester.

387

and had no place of abode in England. Both the deponents also stated their belief, that Mrs. Lester had been requested by the defendant or his solicitor not to discover the defendant's place of residence, which they well knew, and that the defendant secreted and withdrew himself to avoid being served with process in this suit, and that they had no doubt a copy of the subpoena, and a copy of the prayer of this bill would immediately come to the defendant's hands if served upon his said solicitor. The plaintiff's solicitor further stated, he believed that the solicitors who defended the action of ejectment, still continued to act as the defendant's solicitors,

Mr. Bird, in support of the application, cited English v. Hardrick, 6 Mad. 205; Jamieson v.. Barnewell, cit. ex parte Wolfe, 1 Molloy, 25; Kinder v. Forbes, 2 Beav. 503; Weymouth v. Lambert, 3 Beav. 333.

The Master of the Rolls said, he thought some evidence should be given to show the grounds for the belief stated in the affidavit of the plaintiff's solicitor, as to the solicitors with whom he had communicated being still the defendant's solicitors, and his lordship allowed the motion to stand over for the purpose of an affidavit being made to supply this requisition.

July 23.-Mr. Bird stated, that he was now prepared with a further affidavit of the plaintiff's solicitor, in which he stated, that Messrs. W. were still concerned for and acted as the solicitor of the defendant, and had the means of In support of the present application an affi- communicating with him, for that he saw Mr. davit was made by the plaintiff and his solici- W., one of the firm, on the 30th of June last, tor, in which the latter stated, that while the and requested him to inform the deponent subpoena was in force he applied to the solicitor where the defendant resided, or else to enter an of the defendant to accept service of it upon appearance for the defendant, whereupon Mr. the defendant, which they refused to do, and W. admitted, that the defendent resided in that he then applied to them by letter to be in- Ireland, and that he knew his address, but he formed of the defendant's place of abode, in refused to communicate it; and he informed the order that he might be served with the subpoena; deponent that he had laid the papers relating to in answer to which the deponent received a this suit before counsel, and that the deponent letter from such solicitor, stating that they had should hear from him on the subject, and the no authority to inform the deponent of the de-deponent further stated, that he had not since fendant's address, and could not comply with received any communication from Messrs. W. his request. The deponent further stated, The Master of the Rolls said, the affidavits that upon the receipt of the last-mentioned letter were now sufficient, and made the order. he made various journeys to Cheltenham, Gloucester, and other places in England to discover the defendant's address but without success, and having heard that the defendant had married an Irish lady he wrote to Mrs. Lester, a friend of the defendant in Ireland, on the 31st of December 1844, requesting to be informed of the defendant's place of residence, in answer to which the deponent received a letter in which the writer stated she could not comply with the deponent's request, as she had been requested not to communicate the defendant's address to any one, and the deponent further said, he had caused inquiries to be made at the different post-offices in England, and also in Ireland and France, for the purpose of ascertaining the defendant's address, but had wholly failed to discover it, save that the deponent had ascertained, as both the deponents stated the fact to be, that the defendant resided in Ireland,

Reece v. Tribe. May 22, and July 23, 1845.

Queen's Bench Practice Court.

[Reported by E. H. WOOLRYCH, Esq., Barrister at Law.]

ATTORNEY.-AGENCY BILL.-TAXATION.

CONSTRUCTION OF 6 & 7 VICT. c. 73, s. 37.
Where an attorney residing in the country was

employed by the solicitor to the post-office
in London to conduct a prosecution by the
Post-Master-General in the country, the
London solicitor preparing the briefs, and
in other respects directly interfering with
the conduct of the prosecution, and the for-
mer, in his bill of costs charged not at the
usual rate of charge between attorney and
agent, but the full amount for the work
performed: Held, that the country attorney

388

Superior Courts: Q. B. Practice Court.-The Editor's Letter Box.

was to be considered the agent of the solici- in the prosecution, in the technical meaning of tor to the Post-office, and consequently that the word, or principal attorney, appears to me his bill of costs was not liable to taxation. to depend, not on the rate of his charges, or Lush moved for a rule to rescind an order the work he performed, but upon the relation moved by Wightman, J., directing the taxation in which Mr. Peacock, the defendant, stood to of the plaintiff's bill of costs. The plaintiff the prosecutor. If the prosecutor employed was an attorney practising at Llanelly, in Car- the defendant to conduct the prosecution in marthenshire, and the defendant was the sowhich the work was done, and if the delicitor to the Post-office in London. The de- fendant living in London, and doing himself fendant as solicitor to the Post-office had engaged such part of the work as could be performed the plaintiff to conduct a Post-office prosecution in London, delegated to the plaintiff who lived for forgery in the county of Carmarthen, and it in the country, that part of the work which was for the work done in that prosecution that was to be performed there, because he did not the bill of costs referred to taxation by the choose to leave London to perform it himself, order in question was incurred. It was sub-it appears to me that Mr. Peacock, the demitted, that the country attorney under the fendant, must be considered as the principal, circumstances of this case must be regarded in the light of an agent, and therefore, that his bill, on the authority of in re Gedye, was not

taxable.

H. Hill, who showed cause in the first in stance contended, that from the relation between the parties this could not be considered an agency bill, and therefore that it was liable to

taxation.

Cur adv. vult.

Simons v. Peacock.

Rule absolute.

Q. B. P. C. Trinity

and the plaintiff consequently as his agent; and that is evidently the case here. The work was to be done in reality for the Postmastergeneral, who is liable for the whole, and between him and the plaintiff there was no contract at all. Mr. Simons did the work therefore as the servant, or, in other words, as the agent of Mr. Peacock, and though he has thought proper to make unusual charges to Mr. Peacock, (namely, the same as Mr. Peacock would make to the Postmaster-general, not sharing, but wholly absorbing the profits,) this cannot alter Coleridge, J., on a subsequent day delivered the character of the service. It may be a reason judgment. This was a rule to rescind an order why a jury at the trial may disallow a portion made by my brother Wightman, for taxing an of the demand. Acting, therefore, on the conattorney's bill on the prosecution of a person struction of the statute laid down in the case in South Wales for forgery, in which the re Gedye, the rule for rescinding the order rePost-master-general was prosecutor. The ferring the bill to taxation must be absolute. defendant is a London solicitor, and as solicitor to the Post-office, had employed the plaintiff as his agent in that part of the country. The defendant had himself in London prepared the briefs for the prosecution, and in other term, 1845. respects directly interfered with the conduct of the prosecution in matters in which it was said the greatest profit would be derived to the attorney of the prosecution. The bill of the plaintiff charged the defendant not merely with the usual proportion of the charges as between attorney and agent, but with the full amount. Upon these facts the question for decision is, whether or not this bill is taxable under the 6 & 7 Vict. c. 73, s. 37. There was a case of re Gedye argued before me last Easter term, in which I decided that an agent's bill remained since the passing of the act as it was before, not liable to taxation; and upon the present case coming before me, it was stated not to be the desire of the parties to question the law as there laid down, but to argue it on The monthly part for August comprising the the assumption that an agent's bill in the five numbers of that month and the Quarterly common law courts could not be referred to Digest of all reported cases, was, by mistake, taxation. The question therefore was, whether or not this could be considered an agent's bill. I state this, not as inviting reconsideration of that decision, but as wishing to interpose no difficulty to its revision by the full court at any future period. The point to be determined now, therefore, is purely one of fact, and the question, whether the plaintiff was only agent

a 29 Leg. Obs. p. 45.

THE EDITOR'S LETTER BOX.

THE fifth edition of Mr. Rouse's "Practical Man" is nearly ready for publication. It has been considerably enlarged, and very carefully edited by the learned and ingenious author. It comprises numerous precedents, rules, tables, and calculations, in matters of professional and general business which require attention and dispatch when reference cannot readily be had to a library.

fixed at a price which did not include the Digest. In the months having four numbers, the parts are 2s. 8d., and in the others 3s. 4d. In the next volume we shall probably make an arrangement by which any future mistake will

be avoided.

We have inserted some letters this week to which we beg our readers' attention, and shall publish or notice several others at the first opportunity.

The Legal Observer,

OR,

JOURNAL OF JURISPRUDENCE.

SATURDAY, SEPTEMBER 20, 1845.

"Quod magis ad Nos
Pertinet, et nescire malum est, agitamus."

HORAT.

ABOLITION OF FEIGNED ISSUES
AND ACTIONS FOR WAGERS.

of

AMONGST the acts of the last session parliament is one intituled "An act to amend the law concerning Games and Wagers," 8 & 9 Vic. c. 109, which received the royal assent on the 8th August. By this act, various stringent regulations are made for suppressing gaming houses and punishing frauds in playing with cards, dice, or at other games.

"Middlesex to wit, [or such other county as may be directed.] Whereas A. B. affirms, and C. D. denies, [here state fully the fact or facts in issue,] and the Lord Chancellor [or such other court, &c.] is desirous of ascertaining the truth by the verdict of a jury, and both parties pray that the same may be inquired of by the country. Now let a jury, &c."

The proceedings are then to go on and be brought to a close in the same manner as now practised in proceedings under a feigned issue.

Our readers will no doubt agree with The clauses relating to criminal pro- us, that this (although it is rather oddly ceedings under this act will be stated in a introduced amongst the criminal statutes) future number; but we deem it necessary is a judicious alteration of the law, and to lose no time in putting our readers in that so far as relates to feigned issues, a possession of two clauses which relate to discreditable fiction has been abolished actions and suits in the superior courts of without interfering with the interests of law and equity and it is rather singular, suitors, the convenience of practitionthat so important an alteration in civil ers, or the right administration of justice. proceedings should have been incidentally introduced into an act against gambling. We think it desirable, therefore, to give it to which we refer :a prominent place in our pages.

:

The 18th section enacts, that all contracts for gaming or wagering transactions shall be null and void, and that no suit shall be brought for recovering any money won upon wager.

The 19th section provides, in lieu of feigned issues for the trial of questions of fact by a jury, that the court may direct a writ of summons in the following form :--

"In the Court of Queen's Bench, [Common Pleas, or Exchequer, or in any inferior court, as the case may be.]

The following are the sections, verbatim,

"18. And be it enacted, that all contracts or agreements, whether by parole or in writing, and void; and that no suit shall be brought or by way of gaming or wagering, shall be null maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands

of any person to abide the event on which any wager shall have been made: Provided always, that this enactment shail not be deemed to apply to any subscription or contribution, o agreement to subscribe or contribute, for or toward any plate, prize, or sum of money to be

Y

390

Decisions on the Small Debts Act.-New Statutes.

awarded to the winner or winners of any cases will arise under the act, in which lawful game, sport, pastime, or exercise.

"19. And whereas many important questions are now tried in the form of feigned issues, by stating that a wager was laid between two parties interested in respectively maintaining the affirmative and the negative of certain propositions; but such questions may be as satisfactorily tried without such form; be it therefore enacted, that in every case where any court of law or equity may desire to have any question of fact decided by a jury, it shall be lawful for such court to direct a writ of summons to be sued out, by such person or persons as such court shall think ought to be plaintiff or plaintiffs, against such person or persons as such court shall think ought to be defendant or defendants therein, in the form set forth in the second schedule to this act annexed, with such alterations or additions as such court may think proper; and thereupon all the proceedings shall go on and be brought

to a close in the same manner as is now practised in proceedings under a feigned issue."

DECISIONS UNDER THE SMALL

DEBTS ACT.

THE deputy judge at the Palace Court made an order, on the last court day, for the committal of a defendant to prison for

parties will be willing to incur the expense consequent upon obtaining the assistance of members of the bar. When such cases arise, however, it is desirable that parties should have the power of selecting those they may consider best qualified to represent them.

In the County Court of Middlesex, we have been informed that above fifty summonses have been issued under the act, and that in the numerous cases in which orders have been made for payment of judgment debts by instalments, the result has been satisfactory to the creditors, inasmuch as in nearly every instance the instalments have been paid.

under this act brought before the ComThere have been only a few cases missioners of the Court of Bankruptcy since our last notice, and none which presented any feature of novelty or interest.

NEW STATUTES EFFECTING ALTERA-
TIONS IN THE LAW.

COUNTY RATES.

8 & 9 VICT. c. 111.

forty days, upon his default to appear An act to amend the laws relating to the after personal service of a summons issued under the 8 & 9 Vict. c. 127. We have

assessing of county rates. [8th Aug. 1845.]

reason to believe that this is the first in- WHEREAS it is expedient to amend the stance in which the power of committal laws in being relating to the assessing of county has been exercised under this act.

A question arose as to the exclusive privilege of barristers in this court to practise in cases under the Small Debts Act, and it was suggested that attorneys might be allowed to act as advocates in such cases, by analogy to those cases in which it was the established practice of the court to hear motions made by attorneys. The learned judge, however, decided that his brethren of the bar were entitled to the privilege which they claimed.

This decision, it is scarcely necessary to say, had no reference whatever to the 6th or any other section of the Small Debts Act, but proceeded solely on the peculiar constitution of the Palace Court, in which the barristers practising have purchased their offices. It is plain that it would tend materially to defeat the object of the act, and render it in a great degree inoperative, if it were imperative upon parties to retain counsel in every case.

We apprehend that comparatively few

rates: Be it therefore enacted by the Queen's and consent of the Lords spiritual and temmost excellent Majesty, by and with the advice poral, and Commons, in this present parliament assembled, and by the authority of the same,—

1. Justices at sessions to appoint committees for assessing county rates. That from and after the passing of this act it shall be lawful for her Majesty's justices of the peace of every county in England, assembled at their general or quarter sessions of the peace, or at any adjournment thereof, from time to time, as often as they may deem it necessary, to appoint any number of justices, not exceeding eleven in number nor less than five, to be a committee for the purposes of preparing fair and equal county rates, or of altering and amending such rates from time to time as circumstances may require.

2. Meetings of committee.-And be it enacted, That the committee so appointed shall hold their first meeting after their appointment at such time and place as shall be fixed by the said court of quarter sessions, and their subsequent meetings at such times and places as they shall themselves appoint for carrying this act into execution; and at every meeting of the said committee, if three or more members thereof are present, they shall be competent to

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