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Proposed Alterations in the Law of Marriage.

the address of the committee will be considered, | the defect; and others, again conceive that the and a large return of names from all parts of mere celebration of the marriage in such a the country will, no doubt, have an important these doubts has been, especially among the country is sufficient;-and the consequence of influence on the future measures which the committee may deem it expedient to adopt. Again, therefore, we recommend every attorney and solicitor to communicate his determination to the Committee, who are zealously engaged in the establishment of the association.

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"3rdly, That the deceased wife's sister is almost invariably the fittest person to take charge of the motherless children, who, under her care, are rarely exposed to the proverbial harshness and injustice of a stepmother.

"4thly, That there is no kind of marriage which affords a better chance of domestic happiness, inasmuch as there is none in which the parties are likely to have had so many opportunities of becoming acquainted with the temper, feelings, and habits of each other.

"5thly, That the experience of the last twelve years abundantly proves the inefficiency of a mere conventional prohibition to prevent these marriages.

6thly, That the existing law, while it is violated by numerous individuals in all classes of society, is producing, among the lower classes, extensive demoralization; the effect being to enable persons to go through the ceremony of marriage, and to deny its legality when it suits their purpose. Several hundreds of the parochial clergy, and large bodies of the laity, have already, in their petitions to parliament, borne testimony to the truth of this statement.

middle class, to make these marriages very frequent, the inevitable result of such state of things must be (as has been truly stated in the petitions presented to parliament from almost all the most eminent solicitors in the kingdom), that, ere long, the legitimacy of the innocent offspring of such marriages will be called in question, their titles disputed, and their lives embittered by family litigation.

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8thly, That there is no rational ground for objection, that the power to contract a valid marriage with a deceased wife's sister would encourage immorality between the husband and the wife's sister during the wife's life, since the universal abhorrence with which adultery of this description is regarded has been found to operate in every country as a sufficient preven tion of the crime; and it is absurd to suppose that any man who could deliberately, during the life-time of his wife, contemplate the seduction of her sister, would be deterred from his purpose by an act of parliament which prohibits marriage with her after the wife's death, but subjects him to no punishment for seducing her during the wife's lifetime.

"9thly, That the only other plausible objec tion which has been urged against legalizing marriage between a widower and his deceased wife's sister, viz. the supposed scandal which would arise from her keeping his house and taking charge of his family, is equally untenable; since it would rather be inferred by all reasonable persons, that, if the parties were free to marry, and wished to cohabit, they would marry, and that, not marrying, they could have no desire to cohabit.

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'10thly, That, while one clause of the act of 5 & 6 Vict. c. 54, expressly confirmed all marriages of this description celebrated before a given day, another clause (introduced after the bill was presented to parliament) makes void similar marriages solemnized after that day: thus, to a great extent, defeating the purpose of the noble lord who framed the bill, by casting a moral slur upon those very marriages to which a preceding clause had given a legal sanction.

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Lastly, That_marriage in this case is permitted, either with or without dispensation, in almost every other Protestant as well as Roman Catholic country, without producing any ill effects, or diminishing the freedom of domestic intercourse; and, therefore, the continued existence of the restrictions upon these marriages "7thly, That the legal force of the prohibi- in our own Statute Book, is a standing reproach tion, as applicable to marriages of this kind upon the English nation, proclaiming to the solemnized abroad, admits of serious doubts whole world, that, in the opinion of the legisamongst our most experienced lawyers ;-some lature, the people of this country are less under considering that it works a personal disqualifi- the control of religious and moral principle cation between the parties, which neither time, than those of any other christian country, and nor place, nor circumstance, can remove; while need restraints upon their conduct which are others, of equally high authority, are of opinion found to be unnecessary elsewhere.” that domicile in any of the numerous countries where such marriages are lawful, will remedy

International Copyright.-Local and Personal Acts.

INTERNATIONAL COPYRIGHT.

459

ton-in-Furness in the county palatine of Lan-
caster, and to alter the act relating thereto.
7. An Act to alter, amend, and enlarge the

Waterworks Company to raise a further sum 8. An Act for authorizing the Cheltenham

ACCORDING to an order in council, published in the Gazette of 31st August, it is or-powers and provisions of an act passed in the dered, that the authors, inventors, designers, 2nd year of the reign of his late Majesty King &c., of any books, prints, sculptures, dramatic George the 4th, intituled "An Act for lighting works, musical compositions, and other works with gas the town and borough of Ipswich in of literature and the fine arts (in which the laws the county of Suffolk. of Great Britain give any privilege of copyright to British subjects) first published within the dominions of the states forming the Thuringian Union, shall, after the 15th day of July last, have a privilege of copyright therein, in the same manner and for the same period as is enjoyed by British subjects, throughout Great Britain, subject to the same proviso as to regis

tration.

The same Gazette also contains an order in

any

council, dated the 10th of August, 1847, by which the duty on books originally produced in the United Kingdom and republished at place within the dominions of the said states is declared to be 27. 10s. per cwt., and on books published or republished at any place within the states, not being books originally produced in the United Kingdom, 15s. per cwt. On prints or drawings, plain or coloured, published within the said states, single, each one halfpenny; bound or sewn, the dozen, three halfpence duty.

LOCAL AND PERSONAL ACTS,

DECLARED PUBLIC,

AND TO BE JUDICIALLY NOTICED.

1. An Act to change the name of the Protestant Dissenters and General Life and Fire Insurance Company to the General Life and Fire Assurance Company, and to extend to the company, by its new name, the powers of the act enabling the company to sue and be sued in the Name of the chairman, deputy chairman, or any one of the directors or of the secretary of the company.

2. An Act for regulating proceedings by or against "Llynvi Iron Company," and for granting certain powers thereto.

3. An Act for the continued repair and maintenance of the road from or near Whiteburn in the county of Berwick to the town of Kelso in the county of Roxburgh; and to authorize the transfer of a portion of the said road to the trustees of the road from Lauder, to and through Kelso, to the Marchburn.

4. An Act for incorporating the District Fire Insurance Company of Birmingham, by the name of "The District Fire Insurance Company;" for enabling the said company to sue and be sued; and for other purposes relating to the said company.

5. An Act for lighting with gas the township of Shipley, the village of Windhill, and the neighbourhood thereof, in the West Riding of the county of York.

6. An Act for extending and enlarging a certain pier in Pile harbour in the parish of Dal

of

money.

9. An Act for more effectually maintaining the harbour of Newhaven and the navigation of the river Ouse between Newhaven and Lewes, and for draining the low lands lying in Lewes and Laughton Levels, all in the county of

Sussex.

10. An Act for making a railway from Smithstown to Dalmellington in the county of Ayr. Valley, Sudbury, and Halstead Railway Company to make an extension of their railway from Sudbury to Melford, Lavenham, and Clare, in the county of Suffolk.

11. An Act to enable the Colchester, Stour

Chesterford Railway Company to extend their line of railway to Bury Saint Edmunds, with a branch to the city of Ely.

12. An Act to enable the Newmarket and

13. An Act for repealing certain provisions of the Newmarket and Chesterford Railway Act, 1846.

14. An Act to amend some of the provisions of the Manchester Markets Act, 1846.

15. An Act to enlarge the powers of "The Wolverhampton Gas Light Company," and to authorise the union of such company with "The Wolverhampton New Gas Company."

16. An Act to enable the Hartlepool West Harbour and Dock Company to construct additional docks; and for repealing an act passed in the 7th year of the reign of her present Majesty, relating to the said Hartlepool West Harbour and Dock Company, and for granting new powers and provisions in lieu thereof.

17. An Act to enable the mayor, aldermen, and burgesses of the borough of Bolton in the county of Lancaster to improve such borough, and to take a lease of and to purchase the works of the Bolton Waterworks Company.

18. An Act to enable the Colchester, Stour Valley, Sudbury, and Halstead Railway Company to make an extension railway from Lavenham to Bury Saint Edmunds in the county of Suffolk.

19. An Act for authorizing the sale of the Eastern Union and Hadleigh Junction Railway to the Eastern Union Railway Company.

20. An Act to enable the Newmarket and Chesterford Railway Company to extend their line of railway to Thetford in the county of Norfolk.

21. An Act to enable the Colchester, Stour Valley, Sudbury and Halstead Railway Company to grant a lease of their undertaking to the Ipswich and Bury Saint Edmunds Railway Company.

22. An Act to enable the Caledonian Railway Company to make an extension of the Mother

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460

Local and Personal Acts, declared Public, and to be Judicially Noticed.

well branch of the Clydesdale Junction Railway to Auchinheath Mineral Field, with branches therefrom.

23. An Act to enable the Caledonian Rail7 way Company to make branch railways to Wilsontown, to Fauldhouse, and to Biggar and Broughton.

24. An Act to enable the Caledonian Railway Company to make branches from the Clydesdale Junction Railway to the Douglas and Lesmahagow Mineral Fields, and Strat

havon.

25. An Act to abolish, reduce, equalize, and consolidate the rates and duties leviable at the harbour and docks of Leith.

26. An Act for better supplying with water the inhabitants of the town and borough of Rochdale, and of several townships and places, all in the parish of Rochdale in the county of Lancaster.

27. An Act for granting further powers to the Bristol and Clifton Oil Gas Company.

28. An Act for better supplying with gas and water the royal burgh of Inverness, suburbs, and places adjacent.

29. An Act for amending the Ryde Improvement Act,

30. An Act for better assessing the poor rates, highway rates, county and police rates, and other parochial and local rates, on small tenements in the several townships of Wolverhampton, Bilston, Willenhall, and Wednesfield, in the county of Stafford.

31. An Act to enable the Shipowners' Towing Company to sue and be sued.

raise a sum of money for paying off the monies now charged on the Bridge House Estates by authority of parliament, and to raise further monies upon the credit of the said estates, and of their own estates and revenues, for effecting public works and improvements in and near the said city.

38. An Act for enabling the Metropolitan Sewage Manure Company to alter the line of their works; and for other purposes.

39. An Act to authorize the purchase by the Aberdeen Railway Company of a piece of ground at the upper part of the Inches and upper part of the harbour of Aberdeen, now vested in the Aberdeen Harbour Commissioners, and to enable such commissioners to make certain alterations and new works connected with such harbour..

40. An Act for better lighting with gas the town of Runcorn, otherwise called Higher Runcorn and Lower Runcorn, and also certain townships and hamlets in the vicinity.

41. An Act for lighting with gas the town and neighbourhood of Bingley in the West Riding of the county of York.

42. An Act for rendering more efficient the Dublin Consumers' Gas Company.

43. An Act for extending the powers of the Imperial Continental Gas Association.

44. An Act to amend and extend the provisions of an Act passed in the third year of the reign of King George the Fourth, intituled "An Act for incorporating the Warrington Gaslight Company."

45. An Act for removing the market between 32. An Act to alter and amend an Act, in- King Street and Castle Street in the town of tituled "An Act for providing in or near the Sheffield, and for providing a new market place burgh of Cupar more extensive Accommoda- in lieu thereof, and for regulating and maintion for holding the Courts and Meetings of the taining the markets and fairs of the said town. Sheriff, Justices of the Peace, and Commission- 46. An Act for better and more effectually ers of Supply of the County of Fife; and for ascertaining, assessing, collecting and levying the Custody of the Records of the said the poor rate and all other rates and assessCounty;" and to authorize commissioners act-ments in the parish of Ewell in the County of ing under the authority of that act to provide Surrey; and for the better management of the a court house at Dunfermline for the accom- business and affairs of the said parish; and for modation of the courts of the sheriff and other purposes relating thereto. justices of the peace in the western district of the said county.

33. An Act for better assessing and collecting the poor, church, and highway rates within the parish of Kingston-upon-Thames in the county of Surrey.

34. An Act to enable the Scottish Union Insurance Company to purchase annuities and invest money on securities in England and Ireland; and for other purposes relating thereto. 35. An Act for incorporating the Scottish Equitable Life Assurance Society, for confirming the rules and regulations thereof, for enabling the said society to sue and be sued, to take and to hold property; and for other purposes relating thereto.

36. An Act for regulating legal proceedings by or against "Claridge's Patent Asphalte Company," and for granting certain powers thereto.

37. An Act to enable the mayor and commonalty and citizens of the city of London to

47. An Act for repealing the acts relating to the roads leading from the Lower Market House in Tavistock to Old Town Gate in the borough of Plymouth, and from Manadon Gate to the Old Pound, near Devonport, in the county of Devon, and making other provisions in lieu thereof.

48. An Act to enlarge and improve the meal, corn, and grain markets of the city of Edinburgh; and for other purposes in relation thereto.

49. An Act for establishing a market and market place in the town and borough of Wakefield.

50. An Act to repeal the Waterford Road Act.

51. An Act for the better maintenance, improvement, and repair of the Glasgow and Shotts Turnpike Roads.

52. An Act for the amendment of the Port and Harbour Acts of Belfast, for making further improvements and new works there, and

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Local and Personal Acts, declared Public, and to be Judicially Noticed.

for the amendment of the Belfast and Cavehill

461 69. An Act to amend certain acts for making Railway, and Belfast Town Improvement Acts. and maintaining roads and converting the sta53. An Act for incorporating the Com-tute labour in the counties of Ross and Cromercial Gaslight and Coke Company. marty, and part of Nairn locally situate in the county of Ross.

54. An Act for better supplying with water the town and neighbourhood of Over Darwen in the county of Lancaster, and for affording a more regular and constant supply of water to the mill owners and others on the river Dar

wen.

55. An Act to incorporate a company by the name_of “The London Sewage Chemical Manure Company."

70. An Act to explain and amend the laws of sewers relating to the city and liberty of Westminster, and part of Middlesex.

71. An Act for the more easy recovery of small debts and demands within the city of London and the liberties thereof.

72. An Act to authorize an alteration in the. line of the Cornwall Railway, and to amend the act relating thereto; and for other purposes.

56. An Act for amending an Act passed in the 4th year of the reign of his late Majesty King William the 4th, intituled "An Act for 73. An Act to authorize the Right Hon. granting certain Powers to the British Ameri- Francis Egerton Earl of Ellesmere to sell, and can Land Company," and for granting further the London and North-western Railway Compowers to the said company. pany to purchase, the estate and interest of the said Earl in the Manchester South Junction and Altrincham Railway.

57. An Act for making a railway from Staines to join the London and South-western railway near Farnborough, with a branch to Chertsey. 58. An Act for making a railway from Richmond to Windsor, with a loop line through Brentford and Hounslow.

59. An Act to authorize an extension of the Cork, Blackrock, and Passage Railway to Monktown and to amend an act relating there

to.

60. An Act to authorize certain alterations of the line of the Wilts, Somerset, and Wey12 mouth Railway.

61. An Act to authorize certain alterations of the line of the Waterford, Wexford, and 17 Wicklow Railway, and to amend the act relating thereto.

62. An Act to enable the Liskeard and Caradon Railway Company to raise a further sum of money.

63. An Act for making a railway from the town of Killarney in the county of Kerry to the 14 harbour of Valencia in the same county.

64. An Act to empower the Norfolk Railway Company to make a railway from the Lowestoft Railway near Reedham to join the Norwich 15 Extension of the Ipswich and Bury Saint Edmunds Railway near Diss, with a branch therefrom to Halesworth.

65. An Act to alter and amend several of the powers and provisions of the act relating to the Dundalk and Enniskillen Railway.

66. An act for rating to the relief of the poor and other parochial and local rates the owners of certain property within the parishes of King's Norton, Northfield, and Beoley in the county of Worcester, Edgbaston in the county of Warwick, and Harborne in the county of Stafford, in lieu of the occupiers thereof.

67. An Act to repeal two several acts relating to the Liverpool Gas Light Company, and to substitute other provisions in lieu thereof, and to enable the said company to raise a further sum of money.

68. An Act for reducing the dues of the harbour of the borough and town of Weymouth and Melcombe Regis in the county of Dorset, and consolidating the trusts created by the acts relating to such harbour and the bridge of the said borough; and for other purposes.

74. An Act for enabling the Vale of Neath Railway Company to construct certain new lines of railway in connexion with the Vale of Neath Railway; and for other purposes.

75. An Act to enable the General Terminus and Glasgow Harbour Railway Company to make branch railways to the Caledonian and other adjoining railways, and to amend the act relating to such railway.

76. An Act to authorize the Gloucester and Dean Forest Railway Company to construct a dock or basin at Gloucester in connexion with the said railway.

77. An Act for the better supplying the town of Dunfermline and places adjacent thereto with water.

78. An Act to enable the Ambergate, Nottingham, and Boston and Eastern Junction Railway Company to alter the line of their railway, and to construct a branch railway there from into the town of Nottingham.

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79. An Act to enable the Llynvi Valley Railway Company to make an extension of their railway to Newcastle in the county of 14 Glamorgan, and to amend the act relating to their said railway, to be called "The Llynvi Valley Railway Extension.

80. An Act to enable the Shrewsbury and Birmingham Railway Company to make branch railways to Madeley and Ironbridge; and for other purposes.

81. An Act to enable the Bristol and South Wales Junction Railway Company to improve and maintain the Aust or Old Passage Ferry, across the river Severn.

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82. An Act to enable the Caledonian Railway Company, to make a branch railway from the Glasgow, Garnkirk, and Coatbridge Rail- 21 way to Glasgow and to enlarge the station at that city.

83. An Act to enable the Caledonian and Dumbartonshire Junction Railway Company to make certain deviations and branches.

84. An Act to repeal an act of the 2nd year of his late Majesty King William the 4th, intituled "An Act to enable the British Com. mercial Insurance Company to sue and be sued

462

Local and Personal Acts.-Superior Courts: Lord Chancellor.-Rolls.

RIOR COURTS.

in the name of one of the directors or of the RECENT DECISIONS IN THE SUPEsecretary for the time being of the company, and to enable the said company to sue and be sued in the name of one of their directors or of their secretary for the time being.

85. An Act to alter and amend the Newry and Enniskillen Railway Act, 1845.

86. An Act for amending the Newport, Abergavenny, and Hereford Railway Act, 1846, and to authorize deviations from the line of the said railway, and for making branches and extensions therefrom.

87. An Act for making a railway from Herne Bay to a junction with the Canterbury and 25 Whitstable Railway, to be called "The Herne Bay and Canterbury Junction Railway."

88. An Act to enable the London and Southwestern Railway Company to widen and improve the London and South-western Railway from the junction thereof with the Richmond Railway to the terminus at Nine Elms, and to enable them to enlarge their intended station at the York Road, Lambeth.

89. An Act to enable the Dundee and Perth Railway Company to alter and extend their line 22 near to Perth, and to make branches therefrom to Inchture, Polgavie, and Inchmichael.

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90. An Act to enable the Glasgow, Barrhead, and Neilston Direct Railway Company to alter a portion of their line; and for other purposes relating thereto.

91. An Act for making branch railways from the Great Western Railway and from Hammersmith to join the West London Railway, for widening a portion of the West London Railway, and for extending the same so as to join the London and South-western Railway in the parish of Saint Mary Lambeth, in the county of Surrey.

92. An Act to authorize the purchase by the Eastern Counties Railway Company of the Maldon, Witham, and Braintree Railway.

93. An Act to enable the Great Southern and Western Railway Company to make a railway from Portarlington to Tullamore.

94. An Act to empower the Norfolk Railway Company to make a railway from Wymondham to Diss.

95. An Act to authorize the purchase of the Glasgow Southern Terminal Railway by the Glasgow, Barrhead, and Neilston Direct Railway Company, and to amend the acts relating to the said company.

96. An Act for making an alteration in the line of the Southampton and Dorchester Railway, and branches therefrom to Lymington and Eling; and for other purposes.

97. An Act for making a branch railway from the Southampton and Dorchester Railway at Moreton to Weymouth, and for other

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REPORTED BY BARRISTERS OF THE SEVERAL COURTS.

Lord Chancellor.

Re Townsend. August 4, 1847.

COSTS OF RE-CONVEYING MORTGAGED ES

TATE WHERE MORTGAGEE IS LUNATIC.

The costs of obtaining an order under 11 Geo. 4, and 1 W. 4, c. 60, for committee of a lunatic mortgagee to re-convey the mortgaged property, must be paid out of the lunatic's estate.

Mr. Crawford presented a petition for an order under 11 Geo. 4, and 1 W. 4, c. 60, that the committee of the mortgagee, who had beestate to the mortgagor, on payment by the come lunatic, might re-convey the mortgaged latter of the principal, interest, and costs, except the costs of obtaining the above order. He cited the cases of Exparte Richards in the matter of Lewis, 1 Jac. & Walker, 264, and In re Baker, decided by Lord Lyndhurst, June 20, 1827, as quoted in Shelford on Lunacy, p. 278, (2nd edit.)

Mr. Bacon, contrà, referred to the case of In the matter of Marrow, 1 Cr. & Phil. 142.

The Lord Chancellor said, that although the reasoning was not very satisfactory, he thought the two cases mentioned by the petitioner had settled the practice, and that the expenses of obtaining the order must come out of the lunatic's estate.

Newton v.

INJUNCTION.

Rolls Court.

Ricketts. July 28 & 29.

SUIT TO RECALL PROBATE.

After probate has been granted, the court will not interfere to restrain parties who, if the probate stands, would be entitled to dispose of the funds in respect of which it has been granted, from dealing with those funds, merely because a suit has been instituted to recall the probate. It is necessary to show a probability of danger to the fund. THIS was a motion for a receiver of the personal estate of the late Sir R. Ricketts, and an injunction against the transfer of a sum of 60,000l. consols, which formed part of it, pending a suit in the Ecclesiastical Court for the recall of the probate. Sir R. Ricketts died on the 8th of August, 1842, and probate was granted shortly after. The proceedings to procure the revocation of the probate had reached the stage at which the probate is formally called in, on the 30th of May. The 60,000l. stock had been transferred by the executors into the names of two trustces named by the testator, one of whom, who was also an executor, had become the survivor, and the transfer which it was sought to restrain, was stated to be merely consequential upon the appointment of a second trustee. The nature of the trusts

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