Law relating to Attorneys.-Legal Observer Edition of the Statutes of the last Session. 413 whilst it suggests the expediency of great the defendants, who was a managing dicaution in appearing for clients without an rector, instructed Mr. Leeds of Neath, express authority, appears to us to relieve who had acted as the attorney for the an attorney acting bona fide, from some company, to appear for all the defendants, portion of the liability he incurred when an which he accordingly did, and subsequently unprincipled client deemed it convenient consented to a judge's order for payment to repudiate acts done for his benefit. The of the debt by instalments. One of the incase, however, is important upon other stalments remaining unpaid, the plaintiff grounds. It introduces an essential modi- issued execution against Gordon, who, up fication in a rule of practice, which seemed to this time, was ignorant that any action objectionable in principle, and might occa- had been brought against him, and upon sionally have been productive of great in- that ground applied to have the judgment justice to individuals. This rule, which against him set aside. The court, by achas prevailed at least since the time of ceding to the application, and putting the Chief Justice Holt, is stated in Salkeld's defendant Gordon in statu quo, not only Reports to be, that "where an attorney did justice so far as he was concerned, but takes upon himself to appear, the court left the attorney, Mr. Leeds, who was adlooks no further, but proceeds as if the at-mitted to be in solvent circumstances, in a torney had sufficient authority, and leaves position of greater security than he would the party to his action against him." The have been in had the judgment been susrule was afterwards qualified by introduc- tained, as in that event he would clearly ing the consideration, whether the attorney have been liable to an action at the suit of was solvent, for it was said that the remedy Gordon. As to the plaintiff, it is true he against an insolvent attorney who had was quite blameless in the transaction, but, acted without authority was in fact no as justly remarked by the court, when the remedy," and any one may be undone by judgment was set aside, he had his that means." It is quite manifest, how-remedy against the defendant Gordon as ever, that the inquiry into the solvency of before, and suffered only the delay and the attorney must frequently arise at too possible loss of costs. The law required late a stage to prevent the mischievous him to give notice to all the defendants by consequences arising from his unauthorised service of the writ, and as he had not acts. A man may be utterly insolvent served Gordon, as respected him, the plainwhilst it is impossible to obtain legal evi- tiff could not be said to be wholly free from dence of the fact, or he may be solvent, the imputation of negligence. and yet not worth one hundred pounds in the world; and in either case the remedy against him would be ineffectual. The Court of Exchequer now proposes to modify the rule, by confining the liability and reasonable footing. of a party for whom an attorney has appeared without authority, to cases in which the course of the proceedings has given him notice of the action being brought against him; but where the plaintiff, with- STATUTES OF THE LAST SESSION. out serving the defendant, accepts the apIt may be convenient to our readers to be pearance of an unauthorised attorney, and proceeds to judgment, the court deter-enabled readily to refer to the Statutes effecting mined to set aside the judgment as irregu- Alterations in the Law passed during the last lar, with costs, leaving the plaintiff to re- Session, and which have been printed verbatim cover those costs and the expense to which in the Legal Observer. They are as follow:→ he has been put, from the attorney by summary proceeding. The facts which called for this decision were simple, and not discreditable to any of the parties concerned. The plaintiff brought his action against Messrs. Buckland, Gordon, and others, as shareholders in a brewery company. Buckland, one of d Anonymous, p. 86. On the whole, the modification introduced into the rule of practice by this decision appears to be consonant with legal principles, and to put the rule on a sound THE LEGAL OBSERVER EDITION OF THE Page. . 94 Drainage of Land, 10 Vict. c. 11 Inclosure of Commons, 10 Vict. c. 25. 120 Removal of Poor, 10 & 11 Vict. c. 33 313 Abolition of a Mastership in Chancery, 10 & 11 Vict. c. 60. . 236 Threatening Letters, 10 & 11 Vict. c. 66 286 Custody of Offenders, 10 & 11 Vict. c. 67 287 414 New Statutes effecting Alterations in the Law.-Lawyers in Parliament. 392 337 movable, and shall not be removable when he 339 or she is not removable:" And whereas the effect of the above-recited enactment has been to increase unduly the amount of expenditure for the relief of the poor in particular parishes: 365 | 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 all the expenditure which shall be incurred by any parish, township, or place forming part of a union for the maintenance, relief, have been at any time within one year before or burial of any person or persons who shall the passing of the above-recited enactment in the receipt of relief from some other parish, township, or place, by right of settlement or reputed settlement therein, and who by the above-recited enactment are or may be ex 310 Tithes Amendment, 10 & 11 Vict. c. 104 366 Removal of Poor, 10 & 11 Vict. c. 110. 414 All the other Statutes of the Session, in any way useful to the profession, will be printed during the Vacation, and followed by notes. NEW STATUTES EFFECTING ALTERA- empted from the liability to be removed from TIONS IN THE LAW. REMOVAL OF POOR. 10 & 11 VICT. c. 110. An Act to Amend the Laws relating to the the parish, township, or place in which such person or persons shall be residing, shall from and after the passing of this act, so long as such person or persons shall continue to be exempted, be charged to the common or general fund of such union in the same manner as the cost of building or providing workhouses in unions and other union expenses are directed to be charged by an act passed in the 4 & 5 W. 4, c. 76, intituled "An Act for the Amendment and better Administration of the Laws relating to the poor in England and Wales." 2. Continuance of act.--And be it enacted, That this act shall continue in force until the 1st day of October, in the year 1848. liament. LAWYERS IN PARLIAMENT. 1. 9 & 10 Vict. c. 66; Expenditure incurred by any parish, &c. for maintenance, &c. of persons who are or may be by the above recited enactment exempted from liability, to be charged to the union. 4 & 5 W. 4 c. 76.-Whereas by an act passed in the last session of parliament, intituled "An Act to amend the Laws relating 3. Act may be amended, &c.-And be it ento the Removal of the Poor," it was, amongst acted, that this act may be amended or repealed other things, enacted as follows, "that from by any act to be passed in this session of parand after the passing of this act no person shall be removed, nor shall any warrant be granted for the removal of any person, from any parish in which such person shall have resided for five years next before the application for the warrant; provided always, that the time during which such person shall be a prisoner in a prison, or shall be serving her Majesty as a soldier, marine, sailor, or reside as an in-pensioner in Greenwich or Chelsea hospitals, or shall be confined in a lunatic asylum or house duly licensed or hospital registered for the reception of lunatics, or as a patient in an hospital, or during which any such person shall receive relief from any parish, or shall be wholly or in part maintained by any rate or subscription raised in a parish in which such person does not reside, not being a bona fide charitable gift, shall for all purposes be excluded in the computation of tíme herein-before mentioned, and that the removal of a pauper lunatic to a lunatic asylum under the provisions of any act relating to the maintenance and care of pauper lunatics shall not be deemed a removal within the meaning of this act; provided always, that whenever any person shall have a wife or children having no other settlement than his or her own, such wife and children shall be removable when he or she is re To our List of Lawyers (at p. 326) representing English boroughs in parliament, we now add those of Ireland and Scotland. The names, so far as stated, we believe, will be found to be correct; but there are a few others which have not yet been ascertained. IRELAND. Anstey, T. C., Youghal. Bouverie, Hon. Edw. Pleydell, Kilmarnock. Shaw, Right Hon. Frederick, Dublin, (University). Sheil, Right Hon. Richard Lalor, Dungarvon. [This includes one member of the English Bar.] SCOTLAND. Craig, Wm. Gibson, Edinburgh, (City.) Vacation Visits to the Old Lawyers.-Table of Statutes.—Public General Acts. Dundas, Sir David, Q. C., Solicitor-General, Sutherlandshire. Ewart, Wm., Dumfries. -Loch, James, Wick District. M'Neill, Duncan, Dean of the Faculty of Rutherford, Andrew, Leith, &c. [This List, it will be observed, includes three members of the English Bar.] VACATION VISITS TO THE OLD LAWYERS. WE purpose from time to time to glean from "the wisdom of our ancestors," some curious statements which, "in the course of our reading," we have met with in the Old Text Works and Books of Practice. What do our readers say to the following, by way of example: "William Sheppard, Esquire, author of The Faithful Counsellor, or the Marrow of the Law in English, published in 1651, at the Gun, in Ivie Lane, and at the Gun and Three Bibles, at the West end of Pauls! He makes the following curious Dedication to the judges: Right Honourable and Reverend Judges. This rude and imperfect piece, being now to pass into the sea of common opinion, shall I be so bold as to present to your selves, and humbly begg of you (as Ruth did of Boaz,) to cast the skirts of your garments over it, and cover it from the strife and heat of tongues. You know it too well; it is Dog daies all the year with those that act or speak any thing to the profit of the present state. Oh, they have a hot time of it, and need more than ordinary adumbration. If I may be so bold, there is all the equity in the world you should overshadow it; who so fit Patron for the Child, as the Parents? twas your unparalell'd industry, and wise care for the good and care of the publick, that animated and gave it life. O happy change! and happy time that yields us such examples, incitements and incouragements! Others gleanings I confess are better than my Vintage, and I am the least able of the Tribe; yet I cannot sit still, but must once more adventure to cast in my mite. Accept, (noble patriots) this little handful of meal, that may perhaps incourage others that have more leisure and ability to present you with a pair of Turtle Doves, or a Lamb. But I know to whom I speak; I must not hold you too long from the publick, that lyeth upon your shoulders, least I give offence. Go on Worthies, go on; do good and great things for that state that wants nothing but age to make it happy. So may the Ancient of daies give success, and so add to your daies, that you may see it Crowned with Religion, Peace, and Plenty, the hearty prayers of your Honors, and his Countreys servant. ، WILL, SHEPPARD.'' TABLE OF STATUTES. 10 & 11 VICT. PUBLIC GENERAL ACTS. 415 1. An Act to suspend, until the 1st day of September 1847, the duties on the importation of corn. 2. An Act to allow, until the 1st day of September 1847, the importation of corn from any country in foreign ships. 3. An Act to suspend, until the 1st day of September 1847, the duties on the importation of buck wheat, buck wheat meal, maize or Indian corn, Indian corn meal, and rice. 4. An Act for abolishing poundage on Chelsea pensions. 5. An Act to allow the use of sugar in the brewing of beer. 6. An Act to further encourage the distillation of spirits from sugar in the United Kingdom. 7. An Act for the temporary relief of destitute persons in Ireland. 8. An Act to apply the sum of 8,000,000l. out of the consolidated fund to the service of the year 1847. 9. An Act for raising the sum of 8,000,000l. by way of annuities. 10. An Act to render valid certain proceedings for the relief of distress in Ireland, by employment of the labouring poor, and to indemnify those who have acted in such proceedings. 11. An Act to explain and amend the Act authorizing the advances of money for the improvement of land by drainage in Great Britain. 12. An Act for punishing mutiny and desertion, and for the better payment of the army and their quarters. 13. An Act for the regulation of her Majesty's royal marine forces while on shore. 14. An Act for consolidating in one act certain provisions usually contained in acts for constructing or regulating markets and fairs. 15. An Act for consolidating in one act certain provisions usually contained in acts authorizing the making of gasworks for supplying towns with gas. 16. An Act for consolidating in one act certain provisions usually contained in acts with respect to the constitution and regulation of bodies of commissioners appointed for carrying. on undertakings of a public nature. 17. An Act for consolidating in one act certain provisions usually contained in acts authorizing the making of waterworks for supplying towns with water. 18. An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and to extend the time limited for those purposes respectively until the 25th day of March 1848. 19. An Act to raise the sum of 18,310,700l. by exchequer bills, for the service of the year 1847. 20. An Act to authorize the application of certain sums received on account of the fees 416 Table of Statutes.-Pablic General Acts. payable to the office of director in Chancery in Scotland towards the payment of debts incurred in completing the general register house at Edinburgh. 21. An Act to regulate the stations of soldiers auring parliamentary elections. 22. An Act to amend, and continue until the 1st day of November 1847, and to the end of the then next session of parliament, an Act for making provision for the treatment of poor persons afflicted with fever in Ireland. 41. An Act to continue until the 31st day of July 1848, and to the end of the then next session of parliament, certain of the allowances of the duty of excise on soap used in manufactures. 42. An Act to transfer the collection and management of the duties in respect of stage carriages, hackney carriages, and railway passengers from the commissioners of stamps and taxes to the commissioners of excise. 43. An Act for the Amendment of the laws 23. An Act to alter certain duties of cus-relating to the provision and regulation of lunatic asylums for counties and boroughs in England. toms. 24. An Act to empower the commissioners of her Majesty's woods to purchase land for the purposes of a harbour of refuge and breakwater in the isle of Portland in the county of Dorset. 25. An Act to authorize the inclosure of certain lands, in pursuance of the second report of the inclosure commissioners for England and Wales. 26. An Act for enabling the commissioners of public works in Ireland to purchase land for prisons in Ireland. 27. An Act for consolidating in one Act certain provisions usually contained in Acts authorizing the making and improving of harbours, docks, and piers. 28. An Act to amend the Acts relating to county buildings. 29. An Act to limit the hours of labour of young persons and females in factories. 30. An Act for extending the period of service of boys in her Majesty's navy. 31. An Act to make further provisions of the destitute poor in Ireland. 32. An Act to facilitate the improvement of landed property in Ireland. 33. An Act to amend the laws relating to the removal of poor persons from England and Scotland. 34. An Act for consolidating in one Act certain provisions usually contained in Acts for paving, draining, cleansing, lighting, and improving towns. 35. An Act to continue until the 31st day of July 1848, and to the end of the then session of parliament, certain acts for regulating turnpike roads in Ireland. 36. An Act for allowing the subscriptions to the loan of 8,000,000l. raised in the year 1847, to be paid up under discount. 37. An Act for limiting the time of service in the army. 38. An Act to facilitate the drainage of lands in England and Wales. 39. An Act to amend an Act to enable burghs in Scotland to establish a general system of police, and another Act for providing for the appointment and election of magistrates and councillors for certain burghs and towns of Scotland. 40. An Act to continue until the 31st day of July 1848, and to the end of the then next session of parliament, an Act of the 5th and 6th years of her present Majesty, for amending the law relating to private lunatic asylums in Ireland. 44. An Act to render permanent certain parts of the Act for amending the constitution of the government of Newfoundland. 45. An Act to authorize for one year, and to the end of the then next session of parliament, the removal of prisoners from the several gaols in Ireland in cases of epidemic diseases. 46. An Act to facilitate the temporary investment of trust monies in the improvement of landed property in Ireland. 47. An Act to amend the law and practice in Scotland as to the service of heirs. 48. An Act to facilitate the transference of lands and other heritages in Scotland not held in burgage tenure. 49. An Act to facilitate the transference of lands and other heritages in Scotland held in burgage tenure. 50. An Act to facilitate the constitution and transmission of heritable securities for debt in Scotland, and to render the same more effectual for the recovery of debts. 51. An Act to amend the practice in Scotland with regard to crown charters and precepts from Chancery. 52. An Act for the correction of certain abuses which have frequently prevailed at the elections of representative peers for Scotland. 53. An Act to continue until the 1st day of October 1848, and to the end of the then next session of parliament, an act to amend the law relating to loan societies. 54. An Act to amend the acts for rendering effective the service of the Chelsea and Greenwich out-pensioners. 55. An Act to authorize a further advance of money for the relief of destitute persons in Ireland. 56. An act to make legal the collection of certain duties at Port Natal. 57. An Act to amend an Act passed in the 6th year of the reign of his Majesty King George the Fourth, for granting certain powers and authorities to the Van Diemen's Land Company. 58. An Act to remove doubts as to Quakers and Jews' marriages solemnized before certain periods. 59. An Act for amending an act, intituled "An Act for amending, explaining, and reducing into One Act of Parliament the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea." 60. An Act to abolish one of the offices of Table of Statutes.-Public General Acts. Master in Ordinary of the High Court of 61. An Act to amend the Act for the establishment of public baths and wash-houses. 62. An Act for the establishment of naval prisons, and for the prevention of desertion from her Majesty's navy. 63. An Act for limiting the time of service in the royal marine forces. 64. An Act to suspend until the 1st day of March 1848, the duties on the importation of corn, maize, rice, grain, meal, flour, biscuit, and certain other similar articles. 65. An Act for consolidating in one Act certain provisions usually contained in Acts authorizing the making of cemeteries. 66. An Act for extending the provisions of the law respecting threatening letters and accusing parties with a view to extort money. 67. An Act to amend the law as to the custody of offenders. 68. An Act to suspend until the 1st day of October 1848, the making of lists and the ballots and enrolments for the militia of the United Kingdom. 69. An Act for the more effectual taxation of costs on private bills in the House of Com mons. 70. An Act to amend the law as to the school attendance of children employed in print works. 71. An Act to authorize her Majesty to assent to a certain bill of the legislative council and assembly of the province of Canada, for granting a civil list to her Majesty; and to repeal certain parts of an Act for re-uniting the provinces of Upper and Lower Canada, and for the government of Canada. 72. An Act for the further amendment of the laws relating to turnpike roads in South Wales. 73. An Act to authorize the advance of money out of the consolidated fund for loans towards defraying the expense of making certain railways in Ireland. 74. An Act to provide for the repayment of sums due by the county of the city of Limerick for advances of public money for the improvement of the navigation of the river Shannon. 75. An Act for the further improvement of the fishery piers and harbours of Ireland. 76. An Act to empower the commissioners of her Majesty's woods to purchase lands for the purpose of a harbour of refuge at or near Holyhead in the county of Anglesea. 77. An Act to continue until the 1st day of October 1848, and to the end of the then next session of parliament, the exemption of inhabitants of parishes, townships, and villages from liability to be rated as such in respect of stock in trade or other property for the relief of the 417 tained in an Act of the last session to amend the Acts for promoting the drainage of lands, and for other purposes; and to amend the said Act. 80. An Act to amend an Act of the last session, for facilitating the employment of the labouring poor in the distressed districts in Ireland, so far as relates to compensation for damages. 81. An Act to limit the time for taking the poll at elections of members to serve in parliament for counties of cities, counties of towns, and boroughs in Ireland. 82. An Act for the more speedy trial and punishment of juvenile offenders. 83. An Act for the naturalization of aliens. 84. An Act to make provisions for the punishment of vagrants and persons offending against the laws in force for the relief of the destitute poor in Ireland. 85. An Act for giving further facilities for the transmission of letters by post, and for the regulating the duties of postage thereon, and for other purposes relating to the post office. 86. An Act to allow until the 1st day of March 1848, the importation of corn, maize, rice, grain, potatoes, meal, flour, biscuit, and certain other similar articles, from any country, in any ships. 87. An Act to facilitate the recovery of public monies advanced for the relief of distress in Ireland by the employment of the labouring poor. 88. An Act to defray until the 1st day of August 1948 the charge of the pay, clothing, contingent and other expenses of the disembodied militia in Great Britain and Ireland; to grant allowances in certain cases to subaltern officers, adjutants, paymasters, quartermasters, surgeons, assistant surgeons, surgeons' mates, and serjeant-majors of the militia; and to authorize the employment of the non-commissioned officers. 89. An Act for consolidating in one Act certain provisions usually contained in Acts for regulating the police of towns. 90. An Act to provide for the execution of the laws for the relief of the poor in Ireland. 91. An Act to increase the number of trustees for the herring fishery, and to direct the application of the funds granted for the promotion of manufactures and improvements, in Scotland. 92. An Act for the protection of mussel fisheries in Scotland. 93. An Act to continue until the 1st day of October 1848, and to the end of the then next session of parliament, an Act for authorizing the application of highway rates to turnpike roads. 94. An Act to amend an Act to enable canal companies to become carriers upon their canals. 95. An Act to amend the laws relating to the protection of the colonies of works entitled to copyright in the United Kingdom. 96. An Act for the better securing trust funds, and for the relief of trustees. |