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New Statutes effecting Alterations in the Law.

581 the attention of the legislature, but the that the number of passengers so carried in distribution of prisoners, and their removal proportion to the tonnage of the ship was not when expedient or necessary, seem to fall greater than that of one person to every 25 tons peculiarly within the province of the Secre- shall lie upon the person against whom ang

such suit, action, or other legal proceeding may tary of State for the Home Department.

be brought, and failing such proof it shall for

any such purpose as aforesaid be taken and adNEW STATUTES EFFECTING ALTERA-judged that the number of passengers so carried

did exceed that proportion. TIONS IN THE LAW.

2. Colonial land and emigration commission

ers may in certain cases substitute other articles CARRIAGE OF PASSENGERS BY SEA.

of food for that mentioned in recited act.-And 10 & 11 VICT. C. 103.

whereas it may from time to time be necessary Av Act to amend the Passengers Act, and to that for the articles of food mentioned in the

make further Provisions for the Carriage of said recited act, or for some of them, other Passengers by Sea. (July 22, 1847.]

equivalent articles should be substituted; be it

enacted, That it shall be lawful for her Ma1. 5 & 6 Vict. c. 107. Extent to which the jesty's Colonial Land and Emigration CommisPassengers Act (58 6 Vict. c, 107) shall apply. sioners for the time being, acting under the

- Whereas hy an act passed in the session of authority of one of her Majesty's principal Separliament holden in the 5 & 6 Vict. c. 107, in- cretaries of State, from time to time, by any tituled “An Act for regulating the Carriage of notice or notices for that purpose, issued under Passengers in Merchant Vessels," it is amongst the hands of any two of such commissioners, other things provided, that the said act shall. and published in the “ London Gazette," tó not extend to any ship carrying less than 30 substitute for any of the articles of food menpassengers, and it is expedient that the said tioned in the said recited act any other article act should be amended in that respect : Be it or articles of food, as to the said commissioners therefore enacted by the Queen's most excellent shall seem meet, and any such notice or notices Majesty, by and with the advice and consent from time to time to alter, amend, or revoke as of the Lords spiritual and temporal, and Com- occasion may require : Provided always, that mons, in this present parliament assembled, all the clauses and provisions of the said recited and by the authority of the same, That the act contained respecting the articles of food said recited act shall hereafter extend and the therein mentioned shall extend and are heresame is hereby extended to the case of every by extended to the case of such substituted ship carrying any passenger on any such articles. voyage as in the said recited act is mentioned ; 3. All articles of food required by recited act Provided that when the number of passengers to be furnished at the expense of the owners or carried in any such ship shall not bear to the charterers, and to be of good quality. And be, registered tonnage thereof a greater proportion it enacted, That all articles of food required by than one passenger to every 25 tons, so much the said recited act, or by any such notice or and such parts only as are next herein-after notices as aforesaid, to be laden on board any specified of the said recited act shall extend and ship carrying passengers, shall before such are hereby extended to the case of any such ship; ship shall be cleared out be furnished and laden that is to say, such parts thereof as relate to on board by and at the expense of the owner the recovery of money in certain cases by way or charterer of such ship, for the purposes in of return of passage money; or as relate to the said recited act provided, and shall be of a subsistence money; or as relate to compensa- | quality to be approved of by the emigration tion to be made for the loss of passage; or as officer at the port of clearance, or his assistant, relate to the giving receipts for money received or, where there is no such officer, or in his for or in respect of any passage to North absence, by the officer of customs from whom America; or as relate to the receipt of money a clearance shall be demanded; and that in for or in respect of any such passage by any case of any default herein the owner, charterer, person as agent, not having a written authority or master of such ship shall be liable to the from his principal to act in that capacity; or payment of a penalty pot exceeding 501. as relate to the inducing of any person by any 4. Regulation with respect to the carriage of fraud or false pretence to engage any such pas- gunpowder, 8C.–And be it enacted, That in sage; or as relate to any prosecution or other any ship carrying on any such voyage as in the proceecủng at law for the recovery of such pas- said recited act is mentioned a greater number sage or subsistence money, or of such compen- of passengers than in the proportion of one sation as aforesaid, or for the infliction of any passenger to every 25 tons of the registered fines or penalties in respect of any of the mat- tonnage of such ship, it shall not be lawful to ters or things aforesaid : Provided also, that if put on board or carry as cargo any gunpowder, in any suit, action, prosecution, or other legal vitriol, or green hides, and that no such ship proceeding under ihe said recited act any ques- having on board as cargo any such articles as tion shall arise whether any ship proceeding on aforesaid shall be allowed to clear out or proany voyage did or did not carry a greater num- ceed on her voyage. ber of passengers than aforesaid in proportion 5. Regulations for ensuring proper light and to the tonnage thereof, the burden of proving ventilation. And be it enacted, That for the

582

New Statutes effecting Alterations in the Law. purpose of ensuring a proper supply of light that such ship as aforesaid is manned with a and air in every ship carrying on any such full complement of men, such ship shall not be voyage as in the said recited act mentioned a cleared out. greater number of passengers than in the pro- 8. No ship to be cleared until a certificate is portion of one passenger to every 25 tons of obtained, that all the requirements of the law the registered tonnage of such ship, the pas- have been complied with. -- And be it enacted, sengers shall, at all times during the voyage, That no ship carrying on any such voyage as (weather permitting,) have free access to and in the said recited act is mentioned, a greater from the between decks by each hatchway number of passengers than in the proportion of situate over the space appropriated to the use one passenger to every 25 tons of the registered of such passengers: Provided always, that if tonnage of such ship shall be allowed to clear the main hatchway be not one of the hatchways out or proceed on her voyage until the master appropriated to the use of the passengers, or if thereof shall have obtained from the emigration the natural supply of light and air through the officer at the port of clearance, or his assistant, same be in any manner unduly impeded, it or, where there is no such officer, or in his shall be lawful for the emigration officer at the absence, from the officer of customs from whom port of clearance, or his assistant, or, where a clearance shall be demanded, a certificate there is no such officer, or in his absence, to under his hand that all the requiremerts, as the chief officer of customs at the port from well of this act as of the said recited act, so far which a clearance shall be demanded, to direct as the same can be complied with before the such other provision to be made for affording departure of such ship, have been duly comlight and air to the between decks as the cir- plied with. cumstances of the case may, in the judgment 9. Ships putting into any port in the United of such officer, appear to require, which di- Kingdom after sailing to replenish provisions, rections shall be duly carried out to his satis- 8 c.-And be it enacted, That if any ship carfaction; and in case of any default herein, the rying on any such voyage as in the said recited master of the said ship shall be liable to the act is mentioned, a greater number of paspayment of a penalty not exceeding 50l. sengers than in the proportion of one passenger sterling

to every 25 tons of the registered tonnage of 6. Officer from whom a clearance is demanded such ship shall put to sea, and shall afterwards to require ship to be surveyed, at the expense of put into or touch at any port or place in the the owner.

1.- If ship reported not seaworthy, the United Kingdom, it shall not be lawful for such same not to be cleared until rendered so.—And ship to leave such port or place until there be it enacted, That the emigration officer at the shall have been laden on board, as hereinport of clearance, or his assistant, or, where before is mentioned, such further supply of there is no such officer, or in his absence, the pure water, wholesome provisions of the requiofficer of customs from whom a clearance shall site kinds and qualities, and medical stores, as be demanded, shall in all cases require any ship may be necessary to make up the full quantities fitted or about to carry passengers on any such of those articles required by the herein-before voyage as in the said recited act is mentioned recited act or this act for the use of the pasto be surveyed, at the expense of the owner or sengers during the whole of the intended charterer thereof, by two or more competent voyage, nor until the master of the said ship surveyors, to be duly authorized and approved shall have obtained from the emigration officer, of, either by the Commissioners of Colonial or his assistant, or where there is no such Lands and Emigration, or by the Commis- officer, or in his absence, from the officer of sioners of Customs, as the case may be; and customs, as the case may be, at such port or if it shall be reported by such surveyors that place, a certificate to the same effect as the certhey have surveyed such ship, and that such tificate herein-before required to enable the ship is not in their opinion seaworthy, so as to ship to be cleared out; and in case of any debe fit in all respects for her intended voyage, fault herein, the master of the said ship shall such ship shall not be cleared out until the be liable to the payment of a penalty not same, or two other surveyors appointed as exceeding 1001. sterling. aforesaid, shall report that such ship has been 10. In case ship is wrecked, &-c.. or prevented rendered seaworthy, and in all respects fit for from landing her passengers in a reasonable her intended voyage: Provided always, that time, they shall be provided with a passage by the precautions for ascertaining the seaworthi- some other vessel ; and in default, passengers, ness of ships, and their state of repair and &c. may recover expenses by summary process.efficiency for their intended voyages respec- And be it enacted, That in case any ship carrytively, shall in all respects, and without dis- ing passengers on any such voyage as in the tinction, be the same for foreign as for British said recited act is mentioned shall be wrecked ships.

or otherwise destroyed, and shall thereby, or 7. Ship not to be cleared out until reported to by any other cause whatsoever be prevented be properly manned.---And be it enacted, That from landing her passengers at the place they unless it shall be proved to the satisfaction of may have respectively contracted to land, or in the emigration officer at the port of clearance, case such ship shall put into any port or place or his assistant, or, where there is no such in a damaged state, and shall not within a officer, or in his absence, the officer of customs reasonable be ready to proceed with her from whom a clearance shall be demanded, passengers on her intended voyage, after

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New Statutes.--Metropolitan and Provincial Law Association.

583 having been first efficiently repaired, and in all acknowledgment for passage money as aforerespects put into a sound and seaworthy con- said during the continuance of the contract dition, then and in any of such cases, such which it is intended to be evidence, shall be passengers respectively shall be provided with liable in each case to a penalty not exceeding a passage by some other equally eligible vessel 51. to the port or place at which they respectively 14. Government emigration agents to be may have originally contracted to land; and in henceforth styled Emigrution Oficers.”—And default thereof within a reasonable time, such be it enacted, That the officers known as Gopassengers respectively, or any emigration vernment Emigration Agents may henceforth officer on their behalf, shall be entitled to be styled “Emigration Officers;" and that all recover, by summary process before any two powers, functions, and privileges vested in such or more justices of the peace, in like manner as Government Emigration Agents by the said in the said recited act is provided in the cases recited act or by any other act shall vest in and of monies thereby made recoverable, all monies be exercised by the “Emigration Officers” for which shall have been paid by or on account of the time being, in like manner as if they bore such passengers, or any of them, for such pas- the designation of Government Emigration sage, from the party to whom the same may Agent. have been paid, or from the owner, charterer, 15. Definition of terms used in this act.or master of such ship, and also such further And be it enacted, That whenever the term sum, not exceeding 51. in respect of each such passenger passage is used in this passage, as shall in the opinion of the justices act it shall be held not to include or extend to who shall adjudicate on the complaint be a the class of passengers or passages commonly reasonable compensation for any loss or incon- known and understood by the name of “cabin venience occasioned to any such passenger, or passengers” and “cabin passages ;” and that his or her family, by reason of the loss of such the term "ship” shall include and mean every passage.

description of vessel, whether British or foreign, 11. How children are to be computed in reck- carrying passengers upon any voyage to which oning the proportion of passengers to tonnage. the provisions of the said herein-before recited Penalty for excess of numbers in proportion to Passengers Act or this act shall for the time tonnage. And in order to remove doubts which being extend. have arisen in the construction of the said re- 16. Act may be amended, 8c.-And he it encited act, be it enacted, That for the purpose of acted, that this act may be amended or repealed determining the number of persons which ac- during the present session of parliament. cording to the said act can be carried in any ship in proportion to the registered tonnage METROPOLITAN AND PROVINCIAL thereof, two children under the age of 14 years

LAW ASSOCIATION. shall be computed as one person, and that children under the age of one year shall not be included in such computation : Provided al. venient to assume that we are inconsistent

One of our contemporaries finds it conways, that if any ship shall carry upon any such voyage as in the said recited act is mentioned

in supporting the Metropolitan and Proa greater number of persons, computed as afore-vincial Law Association, because five years said, in proportion to the registered tonnage ago we condemned “ The Legal Protective thereof, than in the proportion in the said re- Association " as a needless attempt to raise cited act mentioned, the master of such ship up-in addition to the Incorporated Law shall, for and in respect of every person consti- Society—another and a rival association in tuting such excess, be liable to the payment of a London, and which New Society afterwards penalty not exceeding 51. sterling. 12. Recovery of penalties.- And be it en

sought to enrol some country solicitors, and acted, That all penalties imposed by this act adopted a loftier name. Will our contemposhall be sued for and recovered by such persons rary accept our assurance that the new Asonly and in such and the same manner as in the sociation of Metropolitan and Provincial said recited act is provided in the case of the Solicitors, as regards its objects and its penalties thereby imposed.

modus operandi, is essentially different 13. Penalty on person inducing another to from “The Legal Protective,” which had part with acknowledgment for passage money.-- the advantage of his patronage. And whereas in many cases persons having received under the requirements of the said re

Profoundly impressed with the importcited act contract tickets or written acknow-ance of a cordial union of both toron and ledgments for monies in respect of passengers country solicitors, we have frequently to North America have afterwards been induced pointed out that its attainment was the to part with the same, whereby they have been first object of the new association. Endeprived of the means of enforcing their rights deavouring humbly-we hope not useunder such contract tickets ; be it enacted, lessly—to effect this consummation, it is That any owner, charterer, or master of a ship, or any passage broker or other person, who scarcely necessary to add, that no word or shall induce any person to part with, render line has ever appeared in this publication useless, or destroy any such contract ticket or exalting one class at the expense of the

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Metropolitan and Provincial Law Association. other, or suggesting to either that the a majority of the body. An attack on the other was opposed to its interest, or regard- London members of the Incorporated Law less of its welfare. To our poor judgment Society, as professionally selfish and reit seems manifest that the true and lasting gardless of their brethren in the country, interests of the whole profession consist in is, therefore, an attack on the London so acting unitedly ;-in adjusting or waving licitors in general. In either case, an unany inferior points of difference, and cor- merited and unfounded attack. For ourdially co-operating together in the pro- selves, it is our constant endeavour to motion of their common objects.

maintain the interest of the whole proThis view does not find favour in " The fession, whilst our contemporary advocates Law Times." A writer of editorial that of the country solicitors exclusively, paragraphs in that journal asserts (we are (but he must pardon us for adding, not well sure without any foundation) that the or wisely,) and in opposition to that of the London solicitors selfishly pursue their town branch of the profession. He has own interests, and disregard their brethren uniformly sought to disunite the two bodies, in the country. He states,

by endeavouring to persuade the former “That the attorneys in London are wont to

they were neglected, underrated, and inconsider the country attorneys generally as an

jured by the latter. These mischievous inferior class,” and then he says—“the best of sentiments, under the garb of friendship the country attorneys are far superior to the for the country profession, are again conLondon attorneys in legal and general know-sistently sought to be inculcated. ledge, in reputation and social position." Acknowledging the courteous terms in

Again, he observes —" Little sympathy can be which our contemporary has generally re hoped for here, [in London, where the inter- ferred to this journal, we lament to find him ests and feelings are so different. But let the disingenuously asserting that we have adprofession in the country take up the cudgel on their own behalf, and they will, as usual, mitted that "the London Institution has find most aid when they are best prepared to no regard for the larger branch of the prohelp themselves.”

fession—the solicitors in the provinces."

The admission is in the imagination of the Such are the statements and exhorta- writer in the Law Times. We hope we tions addressed to our brethren in the may be excused for refusing to admit his country, for the purpose of promoting their inferences or adopt his opinions, -opinions, friendly union and co-operation with those

we are satisfied in this instance, founded in town! A notable specimen truly of on a misapprehension of facts and a very the discretion and wisdom of a writer, imperfect acquaintance with the circum(surely not the learned editor ?) who calls

stances. us to account for some fancied inconsist

It is a fact, which we have often stated, ency between our past and present views. that although the Incorporated Law Society But on what foundation of probability or is open to the whole profession, no more than truth does this injudicious and ill-timed 300 country solicitors out of 7,000 have attack on the London solicitors rest? Of joined it. To talk of this as a “confession the three thousand London solicitors, there is a sad misapplication of language. The are no less than eight hundred firms disproportion in the number of town and (probably 1,200 individuals) engaged more country members is shown in the annual or less as London agents for the country so- printed list, and by the distinguishing licitors ; and can any one not utterly igno- marks in the Law List: so numerous in rant of the true state of the profession, one class, and so few comparatively in the suppose there can be, on the part of the other. We could not conceal it were we London solicitors, any want of respect or so disposed. All this, however, is beside sympathy towards their own clients ?

the real question. We venture to think Our contemporary has constantly dis- that a solicitor resident in London may paraged and censured the Incorporated consider his interest identical with that of Society, alike for what it has done and left his country brethren, and feel that he is undone. He now includes in the same category the members of the Incorporated Law Society and the general body of the

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may be mentioned, that though the anLondon solicitors. Perhaps, rightly so. For nual subscription is small, the admission fee is the Law Institution comprehends nearly to town, however well disposed to the Institu

considerable, and solicitors who seldom come half the London practitioners, and, in re- tion, are not likely to incur the expense of ference to the firms to which they belong, joining it.

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SUMMONING

DEBTORS

ON

Jurisdiction of the County Courts Westminster County Court.

585 advancing the one without losing sight of missioners. The words of that section are the other. Has the Incorporated Law that all powers in matters of insolvencyare Society, in deliberating or acting, in any transferred from the bankruptcy commis

sioners. one instance neglected or overlooked the interests of the whole body to maintain

It cannot be successfully contended that, and uphold the interests of a section ? We ference, the statutable authority of the banks

except by express words, or unavoidable inconfidently assert that it never has; and ruptcy commissioners could be abrogated: entertain no apprehension that any attempt The well-known rules of construction preclude to excite disunion and create distrust on that. Then, is the authority taken away by this ground can be successful.

express words, or necessary implication ? Surely not. The summoning a debtor under

the act of parliament is not a proceeding in a JURISDICTION OF THE COUNTY matter of insolvency, and the 6th section of the COURTS.

act, last part, shows that the legislature distinguished between a matter of insolvency and

summoning a debtor, for they are mentioned

UNSATISFIED there separately; and although that section JUDGMENTS BEFORE THE COUNTY COURTS does, in terms, give authority to the Insolvent To the Editor of the Legal Observer.

Court in town, and the County Courts in the

country, yet it not only does not affect the Sir,-I am obliged to your correspondent at right of the bankruptcy commissioners in sumBirmingham ; and to S. H. for their informa- moning debtors, but it appears to save that tion; but I think they have somewhat misun-right, for all exclusive jurisdiction is carefully derstood my meaning.

avoided. In addition to which, the 9th sect. The question asked by me was (though per- strengthens the view I have taken as to the inhaps not made so intelligible as it might have tention of the legislature to make the power been) “whether a creditor who, previous to cumulative; for, whilst it especially saves the the passing of the New County Courts Act, right of parties to proceed, in respect of “peobtained a judgment for a debt not exceeding titions under the aforesaid acts or either of 201., can summon the debtor before a judge of them” in the Bankruptcy Court, if the pran the New County Courts under or by virtue of ceedings had been already initiated there, it the 1st sect. of the Small Debts Act, 8 & 9 Vict, says nothing whatever of the right to continue c. 127,” which enacts, that “a creditor obtaining the proceedings in respect to summoning debtors, judgment or order in respect of a debt not ex- which it, no doubt, would have done, if it were ceeding 201. may summon the debtor before a intended to withdraw the authority as in the other Commissioner of Bankrupts or Court of Re- case. In the last-mentioned section, the use quests, or inferior court of record for the re- 'of the word “eitherseems of some little mocovery of debts, or other court for the recovery ment, as exhibiting an intention to refer parof small debts.”

ticularly to the two Insolvent Acts, and not to Now, it is quite clear that the New County the Small Debts Act as well, the word “either” Courts are inferior courts of record, and also applying grammatically only to one of two. courts for the recovery of small debts; but are The question is of considerable importance, they such within the meaning of the said Small and there may be some doubt about it; but, Debts Act, not being in existence at the time of upon the whole, it certainly does appear, as I the passing thereof?

stated to you in my previous communication, “S. H.” was right in applying the question that the authority of the bankruptcy commisto “a judgment or order obtained from any sioners is not ousted. court of competent jurisdiction in England,"

S. H. and I agree with him, that the 98th sect. of the New County Courts Act does not give juris- written on this point, and that the controversy

[We presume that enough now has been diction.

may here be ended.--Ed.]

TACITUM.
SIR, -Your correspondent G. P. W., who,

WESTMINSTER COUNTY COURT. in your number of the 9th Oct., says, that Before D. C. Moylan, Esq., Judge. “Tacitum" has not been correctly answered by me, will probably, on reflection, see that he is

UNQUALIFIED AGENTS. in error. The answer I gave, having regard to One of the principal features of the new bill the time at which the question was propounded, was to do away with “ agents” who, under the (the strictly logical way of viewing the matter,)|" Court of Requests” system, were in the habit G. P. W. admits to be correct; but he alleges of fleecing the poor creatures summoned to the that the 4th section of the recent statute (10 courts most outrageously; but, instead of & 11 Vict. c. 102,) renders the answer in- doing so, the number has considerably incorrect, if applying to the present time. I do creased. In a case yesterday, one of them not think so, and I do not acknowledge that actually summoned a poor old woman for 10s., the 4th, or any section of the act takes the for," as his particulars stated, two attendseizin (so to speak) out of the Bankrupt Com- ances upon you, receiving instructions for tak

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