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New Statutes effecting Alterations in the Law.
561 to be so inclosed as to which no proceedings the 8 & 9 Vict.,.contained concerning inquiries: for an inclosure shall be pending, it shall and as to the expediency or inexpediency of a promay be lawful for the commissioners, in con- posed inclosure; and upon the report of such formity with the terms of the application for assistant commissioner it shall be lawful for the such exchange, to except or reserve out of such commissioners to proceed or to abstain from exchange the property or right of or to all or proceeding on such application, as they may any of the mines or minerals under all or any think fit; and it shall be lawful for the compart of the land given by both or either of the missioners (where they shall so think fit) to parties, together with rights and easements for cause such further meetings to be held, and or auxiliary to the exercise or enjoyment of the inquiries made in relation to such application, right or property of such excepted or reserved or to the report thereupon, as might have been mines and minerals, and (whether such mines held or made in the matter of a proposed inand minerals shall or shall not be reserved) closure, and to give such directions in relation such rights of way and other easements as the to the matter of such application, or to the execuparties to such application may have agreed on. tion of the powersorauthorities thereby proposed
5. Recital of provision as to commissioners to be revived or executed, as the circumstances not proceeding to amend any award under any of each case shall appear to them to require. local act, &c. until notice of application shall 6. Lands taken in exchange, 8c. in respect of have been given by advertisement, &c. Recited customary lands shall be held to be copyhold, provision repealed, and if commissioners think and shall be held of the same lord, &c.—And fit to proceed on any application, they may refer whereas it is provided by the said act that any the same to an assistant commissioner, &c.- land taken in exchange or on partition or alAnd whereas by the said recited act of the 8 & lotted in respect to copyhold or customary land 9. Viet. c. 118, it is provided, that the commis- shall be deemed copyhold or customary land, sioners shall not in any case proceed to amend | and shall be held of the lord of the same manor any award under any local act of inclosure, or under the same rent and by the same customs under the act of the 7 Will. 4, for facilitating and services as the copyhold or customary land the inclosure of open and arable fields in Eng- in respect of which it may have been taken in land and Wales, or to authorize the execution exchange or on partition or allotted was or of any power or authority under any such local ought to have been held, and shall pass in like act which shall have been lost or become inca- manner as the copyhold or customary land in pable of being executed, as therein mentioned, respect whereof such exchanges, partitions, or or to authorize any person to be by them ap- allotments shall be made : And whereas it is pointed as therein mentioned to execute the expedient to enable the parties so taking such powers or authorities of any local act, in the lands in exchange or on partition or as allotplace of the commissioner or commissioners ments to hold the same of freehold tenure; be appointed under such local act, until notice of it enacted, That, by and with the consent of the application shall have been given by adver- the lord of the manor, and of the parties so tisement as therein mentioned; and that in taking such lands in exchange or on partition case, within two calendar months from the pub- or as allotments, it shall and may be lawful for lication of the last of the advertisements, one- the said commissioners to declare that the same fourth part in number or value of the persons shall be held as of freehold tenure, on such interested, according to the definitions therein- terms and conditions as may be agreed upon before contained, in the land to which the between the parties, and as may be deemed award so proposed to be amended, or the part just by the said commissioners, and the same thereof proposed to be amended, should relate, land shall be held as freehold accordingly. or in the land to be affected by the exercise of 7. Meetings may be adjourned without the atsuch powers or authorities, should give notice tendance of commissioner or assistant commisin writing to the commissioners of their dissent sioner.-And be it enacted, That where notice from such application, the commissioners shall shall have been given of any meeting, whether not proceed further on such application; be it origina lor by adjournment, to be held by the enacted, That the said recited provision be re- commissioners or by an assistant commispealed; and that in case the commissioners sioner, or otherwise, it shall be lawful for the shall think fit to proceed on any such applica- commissioners or an assistant commissioner by tion as aforesaid the commissioners shall refer notice to adjourn such meeting, without any such application to an assistant commissioner, commissioner or assistant commissioner giving and such assistant commissioner shall hold attendance for the purpose of making such adsuch meeting or meetings to hear any objections journment; and where notice shall have been which may be made to such application, and given of a meeting by a valuer, it shall be lawany information or evidence which may be ful for him by notice to adjourn such meeting, offered in relation thereto, or to the matter without giving attendance for the purpose of thereof, and shall report his opinion as to the making such adjournment. expediency or inexpediency of proceeding upon 8. Notices may be given by the secretary of such application, having regard to all rights the commissioners, or other person appointed for
may be disturbed or affected thereby, in that purpose.-And be it enacted, That' all nosuch and in the same manner, and subject to tices by the said act of the 8 & 9 Vict., or by such and the same provisions concerning no- any act'amending the same or referring thereto, tices of such meetings, as are in the said act of or by this act, directed or authorized to be given
562 London Small Debts Court.-Law Lectures.—Metropolitan and Prov. Association. by the commissioners and assistant commis- JURISDICTION OF THE COUNTY sioners respectively, may be given by the se
COURTS. cretary of the commissioners, or by any person whom the commissioners or any assistant com
UNSATISFIED missioner, in conformity with the power dele
JUDGMENTS BEFORE THE COUNTY COURTS gated to him by the commissioners, may appoint or authorize for that purpose. 9. Recited act deemed part of this act.-And
To the Editor of the Legal Observer. be it enacted, That this act shall be taken to be Sir, I cannot allow S. H.'s observations a part of the said recited act of the 8 & 9 Vict., upon my answer to Taciturn's inquiry to pass and be construed therewith, and with any act unnoticed. I am aware that the inquiry was amending the same or referring thereto. simply " whether a creditor who, previous to
10. Act may be amended, 8c.-And he it en- the passing of the New County Courts Act, acted, that this act may be amended or repealed obtained a judgment for a debt not exceeding by any act to be passed in this session. 201., can summon the debtor before a judge of
the New County Courts under the 1st sect. of QUAKERS' AND JEWS' MARRIAGES.
the Small Debts Act, 8 & 9 Vict. c. 127, such 10 & 11 VICT. C. 58.
court at the time of the passing of the act not An Act to remove Doubts as to Quakers' and not the New Act give jurisdiction," and my
being in existence" — with the addition, “Does Jews' Marriages solemnized before certain answer elucidates, by reference to the clauses Periods. [July 2, 1847.]
of the New Act, that such act gives jurisdiction Marriages of Quakers and Jews solemnized over certain unsatisfied judgements for that the before certain dates declared valid.—Whereas 6th sect. of the act repeals the 8 & 9 Vict. c. doubts have been entertained as to the validity 127, and every other act of parliament theretoof marriages amongst the people called Quakers fore passed, so far as the same respectively re. and amongst persons professing the Jewish re- late to or affect the jurisdiction and practice of ligion, solemnized in England before the 1st day that court, or give jurisdiction to any court, or of July 1847, or in Ireland before the 1st day to any commissioner of the Court of Bankof April 1845, according to the usages of those ruptcy with respect to judgments or orders obdenominations respectively: And whereas it is tained in that court; that sect. 7 provides for expedient to put an end to such doubts; be it proceedings commenced previously to the passtherefore declared and enacted by the Queen's ing of the act; that sect. 98 empowers any most excellent Majesty, by and with the advice party who has obtained an unsatisfied judgment and consent of the Lords spiritual and tem- or order in any court held by virtue of that act poral, and Commons, in this present parliament or under any act repealed by that act for the assembled, and by the authority of the same, payment of any debt, &c., to obtain a summons, That all marriages so solemnized as aforesaid &c.; and sect. 99 provides for the commitment were and are good in law to all intents and pur- for frauds, &c. in incurring the debt or liability, poses whatsoever, provided that the parties to which is the subject of the action in which such marriage were both Quakers, or both per- judgment has been obtained, &c. I did not sons professing the Jewish religion respectively. say the jurisdiction of the Commissioners of
Bankruptcy was vested, neither did Tacitum CITY OF LONDON SMALL DEBTS COURT. inquire if it were, but merely if the New Act
gave jurisdiction in the matter of his inquiry as This Court, established or enlarged by jo before set forth, and my answer elucidated that & 11 Vict. c. lxxi., was opened on October 12, to a certain extent it did. by Mr. Commissioner Bullock, as the judge of
The inquiry of Tacitum may be more simply the Sheriffs' Court sitting in the Court of answered, (if required), but not more correctly Queen’s Bench, Guildhall. According to the so, by saying that the New Act gives jurisdiction present arrangement, the Sittings will be held in all cases where the judgment has been obon Tuesday in each week. The new rules are tained in any court held by virtue of that act not yet published, hut it is expected they will or under any act repealed by that act, but in no be nearly the same as those in the New County
As the Term is approaching and the time
will soon arrive when the Committee of this These Lectures will commence on Monday, Association will meet and deliberate on the the 1st November, and be continued every measures to be taken in furtherance of the ob. Monday and Friday, at 8 o'clock precisely. Mr. jects of the Association, we recommend such Miller will lecture on Equity and Bankruptcy; of our readers as have delayed sending in their Mr. Maynard on Common Law and Criminal names during the Long Vacation, at once to Law; and Mr. Nalder on Conveyancing. enrol themselves. It will be well to fortify the
Local and Personal Acts, declared Public, and to be Judicially Noticed. 563 promoters of the society by as large a number 200. An Act for making perpetual the proas possible. “Union is strength." Each stick visions of an act passed in the last session of separated from the bundle is easily broken : parliament, intituled “ An Act for the RegulaTied together no force on earth can prevail. tion of the Legal Quays within the Port of
201. An Act for better supplying with gas LOCAL AND PERSONAL ACTS,
the town of Ashton-under-Lyne in the county DECLARED PUBLIC,
palatine of Lancaster, and the neighbourhood AND TO BE JUDICIALLY NOTICED,
202. An Act for better supplying with water [Continued from p. 509.]
tl:e city of Edinburgh and places adjacent.
203. An Act to enable the mayor, aldermen, 188. An Act for enabling the London and and burgesses of the borough of Manchester in North-western Railway Company to make a the county of Lancaster to construct waterbranch line of railway from Portobello to Wol. works for supplying the said borough and verhampton; and for other purposes.
several places on the line of the said intended 189. An Act to empower the South Stafford- works with water; and for other purposes. shire Railway Company to make divers branch 204. An Act for supplying with water certain railways; and for other purposes.
parts of the Staffordshire Potteries and the 190. An Act to incorporate the Manchester town of Newcastle-under-Lyme, and several and Lincoln Union Railway and Chesterfield townships and places adjoining or near thereto. and Gainsborough Canal Company with the 205. An Act for building a bridge across the Manchester, Sheffield, and Lincolnshire Rail- river Ouse in the city of York, with approaches way Company.
thereto, and for widening, altering, and improv191. An Act to enable the Midland Railway ing certain streets or thoroughfares within the Company to purchase the Mansfield and Pinx- said city; and for other purposes. ton Railway, and to alter the same, and to make 206. An Act for the more effectually a railway from the Erewash Valley Railway to assessing, collecting, and levying the poor and the Nottingham and Mansfield Railway, with other rates in the city and county of the city of branches to Mansfield, and also to the Alfreton Norwichi, and liberties of the same. Ironworks.
207. An Act for amending the acts relating 192. An Act to vest in the Edinburgh and to the police and improvement of the burgh of Northern Railway Company the undertaking Kilmarnock; and for other purposes in relaof the low-water pier at Burntisland, and of the tion thereto. ferry between the same and Granton, and to 208. An Act for extending the municipal enable the said company to extend and improve boundaries of the burgh of Inverness; esta, the said pier.
blishing a general system of police therein, and 193. An Act to empower the Boston, Stam- regulating the petty customs; and for other ford and Birmingham Railway Company to purposes relating to the said burgh. make a branch railway from the Stamford and 209. An act for deepening, enlarging, imWisbech Line of the Boston, Stamford, and proving, and maintaining the port and harbour Birmingham Railway at Wisbech to Wisbech of Inverness, and the navigation of the river Harbour, and to construct certain works at Ness, and the quays and piers and other works Wisbech Harbour.
connected therewith; for regulating the anchor194. An Act to authorize an alteration in the age and shore dues of the said port and harline of the Cork and Bandon Railway, and au bour; and for other purposes relating thereto. extension thereof into the city of Cork, and to 210. An Act for enabling the Leeds and amend the act relating to the said railway. Thirsk Railway Company to deviate the line of
195. An Act to consolidate the Aberdeen their railway in Crimple Valley, to alter the and Great North of Scotland Railway Com- proposed junction with the York and Newpanies.
castle Railway, and to divert the Leeds, Wort196. An Act for improving, regulating, and ley, and Stanningley Turnpike Road. maintaining the haven of Sandwich in the 211. An Act to confirm an agreement becounty of Kent.
tween the Treasurer and Masters of the Bench 197. An Act to enable the mayor, aldermen, of the Honourable Society of Lincoln's Inn in and burgesses of the borough of Wisbe to the county of Middlesex and the joint vestry of raise a sum of money; and for other purposes. the joint parishes of Saint Giles-in-the-Fields
198. An Act for amending two acts of parlia- and Saint George Bloomsbury in the same ment, passed respectively in the 4th year of the county and the rector and vestry of the separate reign of his late Majesty King George the 4th, parish of Saint Giles-in-the-Fields. and the 4th and 5th years of the reign of his 212. An Act for incorporating the Landlate Majesty King William the 4th, for erecting owners Drainage and Inclosure Company, and a bridge across the river Shannon, and a float- for enabling the owners of settled estates, ing dock and other works for the improvement drained, irrigated, inclosed, and improved by of the port of Limerick.
the said company, to charge the same for the 199. An Act for better supplying with gas purposes of such drainage, inclosure, and imthe parish and neighbourhood of Wakefield in provement. the West Riding of the county of York.
213. An Act for repairing and keeping in re564 Altercation at the Quarter Sessions.- Superior Courts : Lord Chancellor. pair the turnpike roads in the county of Ayr; coming excitement of manner displayed. for making and maintaining new roads, and we unaffectedly regret, therefore, if sealtering and improving existing roads ; for marks, meant to have a general application, rendering turnpike certain parish roads;
and although suggested by a particular transfor regulating the statute labour and bridge action, have been supposed to reflect on money in the said county. [To be concluded in our next.]
RECENT DECISIONS IN THE SUPE. ALTERCATION AT THE QUARTER
REPORTED BY BARRISTERS OF THE SEVERAL
It is scarcely necessary to say, on the
Lord Chancellor. part of this journal, that the several gen
Jones v. Mitchell. Aug. 4, 1847. tlemen of both branches of the profession
RIGHT TO BEGIN. who are engaged in contributing to its pages, have but one main object--the Where both parties petition for a re-hearing, general and permanent good of the whole the original petitioner will be allowed to
commence at the subsequent re-hearing. profession. For the most part, our duty is confined to the collection of the earliest Both sides being dissatisfied with the judg. and most useful information on all legal ment of Lord Lyndhurst on this case, (1 Phi. , subjects, but occasionally it is incumbent 710), petitioned for a second re-hearing before
the present Lord Chancellor. upon us to give utterance to such observa
Mr. Stuart said, that his client was dissatistions as the interests of the profession may fied with a portion only of the former decree, require. With the greatest respect for the which part alone he wished to re-argue, and he Bench and regard for the Bar, we are thought he was entitled to begin, as he had bound as faithful chroniclers to notice any first presented a petition for this second redeviation either of the one or the other, hearing, from that high course which each has been whole decree, and claimed the right to com
Mr. J. Parker applied for a re-hearing of the accustomed to pursue. We have always mence, as his clients were the original peendeavoured to exercise our functions with titioners for a re-hearing by Lord Lyndhurst, moderation. An unguarded word may of the decree in the court below, and now have escaped, but the general scope of our wished to re-open that petition. strictures are shaped, we think, with due
The Lord Chancellor thought, that the obricourtesy and measured language.
ous course was for the original petitioner to We are informed that the observations begin. in a former number, relating to an altercation at the Middlesex Sessions, are sup
Knill v. Chadwick. posed to have had a personal application,
MULTIFARIOUSNESS. which certainly was not intended, and have [In the report of this case in our last num. thereby inflicted pain in a quarter emi- ber, (p. 545), the following note was inadvertnently' entitled to deference and respect. Lord Chancellor's judgment in which his
ently omitted. It refers to that part of the Our remarks were founded altogether upon Lordship observes, “ Now, it has been dethe assumption that the newspaper report cided in numerous cases, and, I think, first by of what was alleged to have occurred at Sir John Leach, that if one entire case is made the Middlesex Sessions was correct, al. out against one defendant, another defendant though from internal evidence we ventured connected only with part of it cannot demur for to doubt its complete accuracy, and ex
multifariousness."] pressed our confidence that it would turn His Lordship probably alluded to the case out to be exaggerated. We have since of Salvidge and others v. Hyde and others, 5 learned that the newspaper report was in- have expressed himself thus :
Madd. 146, where his honour is reported to correct in some material particulars, and
“In order to determine whether a suit is does not give a faithful representation, on multifarious, or in other words, contains disthe whole, of what actually took place. tinct matters, the inquiry is not as this defendWe are assured, upon authority in which ant supposes, whether each defendant is conwe place implicit confidence, that no ex- nected with every branch of the cause, but pression of a coarse or offensive character whether the plaintiff's bill seeks relief in respect was ad.'ressed from the bar to the bench, and distinct. If the object of the suit be simple,
of matters which are in their nature separate on the occasion alluded to, and no unbe. but it happens that different persons have se
Superior Courts : Lord Chancellor. Rolls. -Vice-Okanpellor.-V.C. Knight Bruce. 565 parate interests in distinct questions which | Biddles, so commonly called or known.” She arise out of that single object, it necessarily fol- also gave and bequeathed all the rest, residue, lows that such different persons must be and remainder of her monies, securities for brought before the court, in order that the suit money, and personal estate and effects of what may conclude the whole subject."
nature or kind wheresoever, and whether in The demurrer in this case was subsequently possession or expectancy, unto and equally beallowed by Lord Eldon, (S. C. Jac. 153,) but tween her four natural and dear children, his lordship's judgment does not impugn the namely, T. H. Biddles, M. Biddles, G. Biddles, principle laid down by Sir John Leach. Se- and the said Frederick Biddles, or so commonly veral cases on this subject are collected in a known or called. The will then contained dinote to Mr. Jacob's Report.
rections for investing the residue for the benefit of her children. The question now argued be
fore the court was, whether the 1,000l. legacy Kolls Cont.
was to T. Biddles absolutely, or whether he Egg v. Devey. July 23, 1847. only took it in trust-for Frederick Biddles.
Mr. Rolt and Mr. Boyle contended, that SUPPLEMENTAL SUIT.-EXE
T. Biddles took the legacy absolutely, citing CUTORS.
Thorp v. Owen, 2 Hare, 607; Benson v. To a supplemental suit for the purpose of Whistam, 5 Sim. 22.
bringing before the court the representatives Mr. Webb, for Frederick Biddles, urged that of a residuary legatee, the executors are T. Biddles could be considered merely as a necessary parties though parties to the ori- trustee for him of the fund. ginal bill.
The Vice-Chancellor said, that if F. Biddles In this case the original bill was filed by A., had died in the lifetime of the testator, the one of the children of four residuary legatees of legacy would not have lapsed. The testatrix B., all of whom were represented in the suit ex- evidently meant to give money for the maincept one, with whom it was alleged that a set- tenance of her children, she had expressly done tlement had been made, and who was said to so in a subsequent portion of her will, and it be dead, without having any legal representa- was impossible to make out a trust of this tive. Subsequently to the institution of the 1,000l. for Frederick, especially as he took a original suit, administration was taken out to share of the residue. this legatee, and the administrator had been brought before the court by a supplemental bill, Vice-Chancellor Knight Bruce. to which none of the defendants to the original bill were parties.
Westby v. Westby. June 3, 1847. Mr. Kindersley and Mr. Hallett objected, INFANTS.-STAYING PROCEEDINGS. that to a supplemental bill for such a purpose, the executors must be parties, and cited Jones
A reference to the Master to inquire which of v. Howells, 4 Hare, 341. They suggested, that
two suits it will be most for the benefit of the proper course would have been to have
the infants shall be prosecuted, does not, amended the original bill by striking out the
as of course, stay the proceedings in the allegation that there was no administrator, and
suits pending the reference, but the matter making the administrator a party, since it would
is in the discretion of the court. be enough if the letters of administration were Two suits were instituted in the name of granted before the hearing.
infants for similar purposes, and a reference Lord Langdale expressed his opinion, that a was made to the Master to inquire which of party who was called upon to account, had a the two suits was most for the benefit of the right to know to whom he was to account; but infants to be prosecuted. Pending the referthe cause proceeded, on an understanding that ence, a motion was made on behalf of the plainthe costs of the supplemental suit should be tiffs in one of the suits, which was opposed on thrown on the estate.
the ground of irregularity, the reference being
a stay to all proceedings in both suits. Hice-Chancellor of England.
Mr. Cooper, Mr. Russell, Mr. Lee, Mr.
Torriano, Mr. Haldane, Mr. Steere, and Mr. Ward v. Biddles. July 24, 1847. Schomberg, for the several parties.
The Vice-Chancellor having directed inquiry CONSTRUCTION OF A WILL.
to be made among the registrars on the point,
whether the common form of order referring it Where a sum of money was given to T. B. to to the Master to inquire which of the two suits
bring up and maintain F. B., Held, on the is most for the benefit of the infants has the construction of the will, that the sum was effect, as of course, of staying proceedings in given absolutely to T. B.
both suits pending the reference, Mr. É. D. The testatrix, Mary Biddles, by her will Colville, jun., certified that he had inquired of dated July, 1841, devised partly as follows : several of the registrars, including Mr. Colville, “I give, devise, and bequeath the sum of and all agreed that it did not, although, doubt140001. to my nephew Thomas Biddles, son of less, as a matter of prudence, it generally had my brother James Biddles, to bring up and that effect, and it was open to the court to enmaintain my natural and dear son Frederick tertain any application it may think fit, or to
- TRUST MAINTENANCE.