New Statutes effecting Alterations in the Law.

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16. Forms may be altered.—And be it enacted, That the forms given in the schedules to any of the said acts, or any forms heretofore used under the said acts, may be altered so far as to adapt them to the change of jurisdiction by this act directed.

what fees are to be paid to officers under 9 & | same,) such sum of money for travelling and 10 Vict., c. 95, and this Act. Until such order other expenses as the Lord Chancellor shall made clerks and bailiffs to receive all fees as deem fit. heretofore. And be it enacted, That it shall be lawful for one of her Majesty's principal secretaries of state, with the consent of the commissioners of her Majesty's treasury, from time to time to order what fees shall be paid and received by the several officers or otherwise under and by virtue of the said recited act passed in 9 & 10 Vict., c. 95, and the amount of such fees respectively; and that until such order shall be made the clerks of the several County Courts shall have and receive for their own use all fees which have heretofore been taken under any of the aforesaid acts by any officer of the Court of Bankruptcy, or by any officer or other person of or connected with the court for the relief of insolvent debtors, except as hereinafter mentioned, for business which is by this act transferred to the County Courts; and that the several high bailiffs acting as messengers under this act as aforesaid shall have and receive for their own use all fees which have heretofore been paid to the messengers of the Court of Bankruptcy when doing the business by this act directed to be done by such bailiffs.

17. Vacancies not to be filled up till after the termination of the next session of parliament.And be it enacted, That the office of the first one of the commissioners of the Court for Relief of Insolvent Debtors, and of the first two of the commissioners of the Court of Bankruptcy in London, which shall become vacant after the passing of this act, shall not be filled up until after the termination of the session of parliament next after such vacancies shall have occurred.

18. Judges of County Courts incapable of being members of parliament.-And be it enacted, That no judge of any County Court who has been appointed or who shall hereafter be appointed to that office under or by virtue of the hereinbefore recited act passed An Act for the in 9 & 10 Vict., intituled, more easy Recovery of Small Debts and Demands in England," shall, during his continuance in such office, be capable of being elected or of sitting as a member of the House of Commons.

20. Commencement of this act.-And be it enacted, That this act shall commence and take effect from the 15th of September, 1847.

14. Lord Chancellor may give directions for sittings of Court of Bankruptcy elsewhere than in London.-And whereas it may be expedient that the Court of Bankruptcy in London 19. Interpretation of "Lord Chancellor."should hold sittings in matters of bankruptcy And be it enacted, That the words "Lord at some place or places within the district Chancellor" shall in the construction of this over which the jurisdiction of such court ex- act be interpreted to mean also and include tends, at which such court hath not hitherto the lord keeper and lords commissioners for been used to sit; be it declared and enacted, the custody of the great seal of the united That it shall be lawful for the Lord Chan- kingdom for the time being. cellor, at any time or times whenever it shall appear to him to be expedient, by any order or orders to give the necessary directions in that behalf, ordering any commissioner, registrar, official assignee, messenger, or usher of the Court of Bankruptcy in London to sit and attend and act in the prosecution of any fiat in bankruptcy at any place elsewhere within such district than in the city of London; and every commissioner, registrar, official assignee, messenger, and usher so sitting, attending, and acting shall have the like power, jurisdiction, and authority as if sitting, attending, and acting in the prosecution of such fiat in London.

21. Act may be amended, &c.-And be it enacted, That this act may be amended or repealed by any act to be passed in this session of parliament.

REMOVAL OF POOR. 10 & 11 VICT. c. 33. An Act to amend the Law relating to the Removal of poor Persons from England and Scotland. [21st June, 1847.]

15. Lord Chancellor may order payment of 1. 8 & 9 Vict. c. 117; 8 & 9 Vict. c. 83, s. travelling and other expenses.-And be it en- 77. Guardians, &c., in England may take peracted, That any commissioner or registrar so sons removable therefrom under the first-recited sitting and acting shall have paid to him, in act before two justices without summons, &c.addition to his salary, by the governor and Whereas an act was passed in the 8 & 9 Vict. company of the bank of England, by virtue c. 117, for the removal from England of poor of any order or orders of the Lord Chancellor persons who, though born in Scotland, Ireto be made from time to time for that purpose, out of the interest and dividends that have arisen or may arise from the securities now or hereafter to be placed in the Bank of England to an account there, entitled "The Bankruptcy Fund Account," (but subject and without prejudice to any prior charges on the

land, or the islands of Man, Scilly, Jersey, or Guernsey, and not settled in England, are chargeable to some parish in England; and by another act passed in the same year provision was made for the removal from Scotland of poor persons who, though born in England, Ireland, or the Isle of Man, and not settled in

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New Statutes. Review: Mitford's Treatise on Pleadings in Chancery.A

Scotland, receive relief from some parish or combination in Scotland: And whereas it is expedient that certain provisions of the said acts should be amended: Be it 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 it shall be lawful for any guardian, relieving officer, or overseer of any parish or union in England to take and convey before two justices of the peace, without summons or warrant, every poor person who shall become chargeable to any parish in England, and who he may have reason to believe is liable to be removed from England under the first-recited act; and the justices before whom any such person shall be so brought shall hear and examine and proceed in the same manner in all respects as if such person had been brought before them under and in the manner directed by that act.

NOTICES OF NEW BOOKS.

Sir

Treatise on the Pleadings in suits in the Court of Chancery, by English Bill, By JOHN MITFORD, ESQ., (the late Lord Redesdale.) The Fifth Edition, comprising a large body of additional Notes. By JOSIAH W. SMITH, B.C.L., of Lincoln's Inn, Esq., Barrister-at-Law, Editor of Fearne's Contingent Remainders, and Author of a Treatise on Executory Interests. London: V. & R. Stevens and G. Norton. 1847. Pp. liv. and 477. LORD REDESDALE's Treatise on Equity Pleadings was characterized by Lord Eldon as "a wonderful effort to collect what is to be deduced from authorities, speaking so little.what is clear." 9 Ves. 54. Thomas Plumer followed this high autho2. Inspectors of the poor in Scotland to take persons removable therefrom under secondly-rity by remarking, that the book "has ever recited act before sheriff or two justices, without since been received by the whole profession previous complaint, &c.-That it shall be law- as an authoritative standard and guide." ful for any inspector of the poor, or other officer 2 Jac. & W. 152. appointed by the parochial board of any parish The learned author edited three editions or combination in Scotland, to take and convey himself, in the last of which he observed, before the sheriff or any two justices of the that "the materials from which the first peace of the county in which the parish or combination for which such inspector or officer edition was compiled were not very ample acts, or any portion thereof is situated, without or satisfactory, consisting principally of previous complaint or warrant in that behalf, mere books of practice, or reports of cases, every poor person who shall be in the course generally short, and in some instances, of receiving parochial relief in any parish or manifestly incorrect and inconsistent." combination in Scotland, and who he may have The second edition appeared at the disreason to believe is liable to be removed from tance of seven years, and from that time Scotland under the secondly-recited act; and the sheriff or justices before whom any such nearly 28 years elapsed before the publicaperson shall be so brought shall make such tion of the 3rd edition. Mr. Jeremy was examination, and proceed in the same manner entrusted by Lord Redesdale with the 4th in all respects as if such person had been brought before him or them under and in the manner directed by that act.

3. Persons taking paupers before justices to have powers of constables.--That every person who by this act is authorized to take and convey any poor person before any sheriff or justices shall, in the execution of this act, in that behalf have and exercise all the rights, privileges, powers, and immunities with which a constable is by law invested.

4. Interpretation of act. That in the construction of this act the singular number or masculine gender shall, except when the context excludes such construction, be understood to inolude and shall be applied to several persons, matters or things, as well as to one person, matter, or thing, and to females as well as males respectively; and that the words "justices of the peace' "shall be understood to include and extend to a justice of the peace or magistrate of a county, county of a city, or county of a town, or of any city or town corporate.

edition, in 1827, and in executing that honourable task the learned editor examined the authorities cited in the last edition, and added the references to new cases, making such remarks as were necessary to the introduction of matter not precisely applicable to the original text.

Mr. Josiah W. Smith, the editor of the present, being the 5th edition, has adopted verbatim the 4th edition, with Mr. Jeremy's notes, which are printed in double colums, under the text, and has given his own notes across the page under the former notes. The able and elaborate note on Parties, which occupies about 40 pages, is placed at the end of the volume. Mr. Smith thus states the scope of his labours, and the plan he has adopted :

"The present editor's notes comprise the enactments and orders, relating to the subject of equity pleading, which have been made within the period extending from the beginning of the year 1826, which was shortly before the

1

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Review: Mitford's Treatise on Pleadings in Suits in the Court of Chancery. publication of the fourth edition, down to the addition to pleading; but Mr. Smith's notes are almost exclusively confined to pleading as the proper scope of the book, leaving to other writers the discussion of other subjects.

end of the year 1846, with the decisions reported within the same period, whether in the octavo Reports, the Law Journal, or the Jurist,

to the number of about six hundred.

"The endeavour of the editor has been, to divest the cases of those particulars which are of no use to the student, and have no essential relevancy to the matters with reference to which such cases are consulted by the practitioner, and to accomplish the difficult task of moulding the essential parts of the cases, and the reasons of the decisions, where any are expressed, into succint yet clearly expressed propositions, placita, or rules, in such a way as to exhibit the points and principles of pleading which the decisions in those cases serve to establish.

As an example of the work, we extract the following from the introductory chapter, with some of the notes of the present editor :

Every hill must have for its object one or more of the grounds upon which the jurisdiction of the court is founded; and as that jurisdiction sometimes extends to decide on the subject, and in some cases is only ancillary to the decision of another court, or a future suit, the bill may either complain of some injury "He hopes that the notes he has added will which the person exhibiting it suffers, and pray be found to consist of a precise and perspicuous relief according to the injury; or, without enunciation of what may be relied on as matter praying relief, may seek a discovery of matter of actual decision. Mere dicta and opinions he necessary to support or defend another suit; has passed by, as too often tending to mislead. or, although no actual injury is suffered, it He has also for the most part abstained from may complain of a threatened wrong, and stating general propositions founded on a small stating a probable ground of possible injury, number of particular cases, as liable to the may pray the assistance of the court to enable same objection. And while he has avoided the plaintiff, or person exhibiting the bill, to giving the cases in the narrative or statement defend himself against the injury whenever it form, comprising names, dates, and other un- shall be attempted to be committed. As the necessary particulars, he has still endeavoured court of chancery has general jurisdiction in to preserve, in the terms of the placita, the es- matters of equity not within the bounds or besential, specific features of each case, because, yond the powers of inferior jurisdictions, it if he had not, such placita would not acquaint assumes a control over those jurisdictions, by the practitioner with the degree of resemblance removing from them suits which they are inor material difference between the cases from competent to determine. To effect this, it rewhich they are derived and the cases occurring quires the party injured to institute a suit in in practice with reference to which they may be the court of chancery, the sole object of which consulted. The following quotations may is the removal of the former suit by means of a suffice as illustrations of the propriety of the writ called a writ of certiorari; and the prayer course thus pursued: "That case, so far as it of the bill used for this purpose is confined to applies to the present, was a mere dictum. that object. The decision itself is not applicable.' a—‘The words attributed to me were not necessary for the purpose of the decision: and nothing except the decision is authority which binds.' 'It is true that the dictum of Lord Cottenham is more generally expressed; but all dicta should be construed according to the circumstances of the case in which they are found.'It is very difficult to say that these particular cases could have been decided otherwise than they were; but the marginal notes go much further than the judgments.'” d

See James v. Herriot, 5 Law J. (N. S.) Ch. R., 133; and compare Bedford v. Gates, 4 Y & C. Eq. Ex. 21, with Kimber v. Ensworth, 1 Hare, 293.

Alderson, B., in Davies v. Quarterman, 4 Y. & C. Eq. Ex. 722.

d Wigram, V. C. in Malcolm v. Scott, 3 Hare, 63. And see Sharpe v. Taylor, 11 Sim 50; and Barnard v. Laing, 6 Jur. 1050.

"The bill, except it merely prays the writ of certiorari, generally requires the answer of the defendant, or party complained of, upon oath. An answer is thus required, in the case of a bill seeking the decree of the court on the subject of the complaint, with a view to obtain an admission of the case made by the bill, either in aid of proof, or to supply the want of it; a discovery of the points in the plaintiff's case controverted by the defendant, and of the grounds on which they are controverted; and a discovery of the case on which the defendant relies, and of the manner in which he means to support it. If the bill seeks only the assistance of the court to protect the plaintiff against a future injury, the answer of the defendant upon oath may be required to obtain an admission

e It is not allowable in effect to unite in one

bill, a bill for relief, and a bill for discovery on a matter which is quite distinct from that relief, although both be connected with the same circumstances. So that in a bill for a receiver, pending a litigation as to probate, a plaintiff cannot have a discovery in reference to the merits on that litigation. Wood v. Hitchings, 3 Beav. 504.

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Review: Mitford's Treatise on Pleadings.-Contentions at the Chancery Bar.

of the plaintiff's title, and a discovery of the to answer the several charges contained in it, claims of the defendant, and of the grounds on he must do so, unless he can dispute the right which those claims are intended to be sup- of the plaintiff to compel such an answer, ported. When the sole object of a bill is a either from some impropriety in requiring the discovery of matter necessary to support or de- discovery sought by the bill, or from some obfend another suit, the oath of the defendant is jection to the proceeding to which the discovery required to compel that discovery. The plain- is proposed to be assistant; or unless by distiff may, if he thinks proper, dispense with this claiming all right to the matters in question by ceremony, by consenting to or obtaining an the bill he shows a further answer from him to order of the court for the purpose; and this is be unnecessary." frequently done for the convenience of parties where a discovery on oath happens not to be necessary. And where the defendant is entitled to privilege of peerage, or as a lord of parliament, or is a corporation aggregate, the answer, in the first case, is required upon the honour of the defendant, and in the latter,

under the common seal.

"To the bill thus preferred, unless the sole object of it is to remove a cause from an inferior court of equity, it is necessary for the person complained of either to make defence, or to disclaim all right to the matters in question by the bill. As the bill calls upon the defendant

We think Mr. Smith has very carefully edited this excellent standard treatise, added all the new and important authorities, and rendered the work essential to every equity practitioner.

CONTENTIONS AT THE CHAN-
CERY BAR.

Ir appears that a meeting of the Bar, called by the Attorney-General in pursuance of a requisition addressed to him, was f By the 23rd order of August, 1841, "where no held on Friday, the 23rd July, in the account, payment, conveyance, or other direct Middle Temple Hall, in reference to the relief is sought against a party to a suit, it shall unpleasant altercation which occurred in not be necessary for the plaintiff to require such the Court of the Vice-Chancellor of Engparty, not being an infant, to appear to and answer the bill. But the plaintiff shall be at land, on the 13th July last, and was alluded liberty to serve such party, not being an infant, to in our last number under this heading. with a copy of the bill, whether the same be an The Morning Chronicle states, we have original, or amended, or supplemental bill, reason to believe correctly, that a letter omitting the interrogating part thereof and was read at this meeting from Mr. C. P. such bill, as against such party, shall not pray Cooper, expressing his regret at having a subpoena to appear and answer, but shall authorised the publication of the pamphlet pray that such party, upon being served with a

copy of the bill, may be bound by all the pro- already noticed, (ante, p. 290); and also ceedings in the cause. But this order is not a letter from Mr. Bethell, apologising to to prevent the plaintiff from requiring a party the bar for certain expressions publicly against whom no account, payment, convey- used by him in the Court of the Viceance, or other direct relief is sought, to appear Chancellor, on the occasion referred to. to and answer the bill, or from prosecuting the Resolutions, we understand, were agreed to suit against such party in the ordinary way, if he shall think fit." And by the 29th order expressive of the sense the meeting entertained of the propriety of the course the learned gentlemen respectively adopted on this occasion, but disapproving of the publication of the pamphlet in question, and of the offensive expressions indulged in by Mr. Bethell.

"where no account, payment, conveyance or

other relief is sought against a party, but the plaintiff shall require such party to appear to and answer the bill, the costs occasioned by the plaintiff having required such party so to appear and answer the bill, and the costs of all proceedings consequential thereon, shall be paid by the plaintiff, unless the court shall otherwise direct."

According to the decision in Lloyd v. Lloyd, in a creditor's suit for administering the estate of a testator who has devised his real estate, subject to a power of sale for the payment of such part of his debts as his personal estate might be insufficient to pay, the devisees may be served with a copy of the bill under the 23rd order. 1 Y. & C. Ch. C. 181.

But according to the decision in Barkley v. Lord Reay, where a suit is instituted for the raising of a legacy by a sale or mortgage of entailed real estate against the trustees thereof, who have the legal fee and full power to sell or

The Bar meeting, irrespective of its im

mortgage and give receipts, it is not sufficient to serve the equitable tenant in tail with a copy of a bill. 2 Hare, 306.

The 23rd order does not apply to the Attorney General. Christopher v. Cleghorn, 8 Beav. 314. As to other persons not within this order, see Marke v. Turner, 7 Jur. 1102.

The prayer that a party who is not required to appear and answer may be bound by all the proceedings in the cause, ought to be inserted in that part of the bill in which process is prayed against the other defendants. v. Haynes, 6 Jur. 203. L. C.

Gibson

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UNITED LAW CLERKS' SOCIETY.

mediate object, is certainly not unimportant as a practical assertion of the right and the willingness of this branch of the profession FIFTEENTH ANNUAL REPORT OF THE COM

MITTEE OF MANAGEMENT.

to express its opinion in regard to the pro-1 fessional conduct of any of its members. THE following Report was read at the 15th The altered, and we venture to add, im- anniversary festival held at the Crown and proved, habits and feelings of society as to Anchor, Strand, on the 15th June, 1847:the redress of personal injuries, render the The committee have much pleasure (in acestablishment of some such tribunal emi-cordance with their annual custom) in submitnently desirable in respect of a body, the members of which are peculiarly exposed to the danger of personal collision. Such a power, judiciously and temperately exercised, would be productive of incalculable advantage to the profession at large as well as to the public. The consciousness that such a power existed and might be exercised could not fail to operate beneficially in a variety of instances, in which the sup posed absence of any controlling influence is now too frequently felt and deplored.

ting to this meeting a report of their proceedings during the past year, the fifteenth of the society's existence. On reviewing those transactions, they are happy to say, that although the disbursements have greatly exceeded those of the preceding year, the receipts have not fallen far short of the increased claims made upon the funds.

The first claim arises from the assistance

years.

afforded to the members when temporarily disabled by illness from pursuing their customary employment. Twenty-six members have been thus afflicted during the year, and they have received various sums (dependent upon the duWe shall not be so much misunderstood ration of their illness), amounting together to as to be supposed capable of desiring to 2391. 8s. The total sum so expended amounts revive any of the disagreeable discussions to 14571. 5s., considerably more than a moiety arising out of the matter which occasioned of which has been paid within the last five the Bar meeting, when we venture to reOn the superannuation fund there are still mark, that what appears to have been far two claimants, each in receipt of 317. 4s. per the most serious and important incident annum, payable weekly. This allowance is connected with the transaction appears to only granted to members permanently disabled have been overlooked. In the cause in re- from following any employment. One of these spect of which this unpleasant altercation cases forcibly illustrates the benefit resulting arose, the plaintiff's bill was dismissed with from a fund like the present. Little more than costs, without a hearing, in the absence of a year since, the member, then an efficient counsel, although the plaintiff's solicitor member, was apparently in perfect health. Symptoms of insanity unexpectedly manifested had retained and instructed two counsel ! themselves, and shortly afterwards, at the age This is a matter in which the profession in of 32, he was deprived of all mental power, general and the public are more concerned without hope of recovery. Happily for himthan in the alleged breach of professional etiquette, or the occasional disregard of the courtesies and amenities which usually do, and should uniformly, characterise the in During the year the society has lost five tercourse between the members of a learned members by death and their families have each and honourable profession. An injustice received the sum of 50l. The death of one of has been done to the plaintiff, without any these members took place under most distressdefault on his own part or that of his solici- ing circumstances in a moment of intense nertor. It has not been considered vous suffering. His widow immediately rehowever, to make this portion of the trans-ceived from the society the sum of 501., the amount payable on a member's decease, to action the subject of any resolution, or to which his employer, (one of the society's earcall for the expression of any opinion upon liest patrons,) added more than an equal sum. it. Perhaps another opportunity will be To five members whose wives have died during selected for considering this part of the the year, 251. each has been paid. The amount case. The demeanour of those who pre-paid on these accounts has been 3757. side and practise in the courts of justice, merely satisfying assurances 20371. 10s. has however deserving of supervision and been expended. Out of the casual fund many gifts have been control, should never cause us to forget the made to clerks not members, and the widows purpose for which courts are established, of such clerks who were in distressed circum

necessary,

judges appointed, and counsel chosen.

self and family, he had a few years previously joined the institution, which has in his present position entitled him for life to the allowance just named.

In

stances: 42 applications for relief of this kind have been received during the year; 15 of the applicants were either ineligible or undeserving, the remaining ca es received the highest relief