68 Remedy for the Recovery of Small Tenements.-Construction of Statutes. Agreeing in the main with Sir Frederick occurred since the days of Lord Chief Thesiger's construction of the Small Debts Justice Holt. That eminent judge held, Act, we must frankly state, that it does not that a promissory note had no intrinsic vaseem to be deserving of all the weight to lidity and that it only operated as evidence which it would fairly be entitled, if it of a debt between the immediate parties clearly appeared, that the learned gentle- to it. Before his time, however, promisman's attention had been expressly di- sory notes were found to be extremely rected to the 6th and 122nd sections of convenient instruments for the purposes or the 9 & 10 Vict. c. 95. The difficulty, as internal trade, and the mercantile comwe have already had occasion to observe, munity were so much startled by the dearises chiefly upon the construction to be cisions of the courts restraining their put upon the 6th section, which enacts:- operation, that an application was made to the legislature, and the statute 3 & 4 Anne, C. 9, passed, which, after reciting the great advantages that would be derived by putting promissory notes on a footing with bills of exchange, and referring to the decisions of the courts already alluded to, proceeded to enact :- "That any act of parliament heretofore passed, so far as the same respectively relate to or effect the jurisdiction and practice of the courts so established, or give jurisdiction to any court or to any commissioner of bankruptcy, with respect to judgments or orders obtained in the courts so established, shall be repealed." Now it is impossible, as we submit, to contend, that the jurisdiction conferred on the judges of the county courts with regard to small tenements under the 122nd section, is not affected by the act 1 & 2 Vict. c. 74, but the 6th section, according to our reading, does not go so far as to repeal all acts affecting the jurisdiction of the New County Courts, but only such acts as relate to or affect the jurisdiction of the County Courts, with respect to judgments or orders obtained in those courts. If this construction of the stat. 9 & 10 Vict. c. 95, be correct, there is no reason why the justices in petty sessions, under the 1 & 2 Vict. c. 74, and the judges of the County Courts under the 9 & 10 Vict. c. 95, should not exercise a concurrent jurisdiction as regards tenements of a value not exceeding 201. When the value of the tenement is above 20%. and not exceeding 50%, the justices have no jurisdiction, and the County Court judges have an exclusive jurisdiction. By giving this limited operation to the repealing clause, much difficulty will be avoided. CONSTRUCTION OF STATUTES. "That all notes in writing that shall be made and signed by any person, bodies, &c., whereby such person or body shall promise to pay to any other person or body, or their order, or bearer, a sum mentioned in such note, shall be such person or body to whom the same is made construed to be by virtue thereof payable to payable; and such note payable to any person or body shall be assignable over as inland bills of exchange, according to the custom of merchants; and the person or body to whom such sum by such note is payable may maintain an action for the same against the person who signed the same, as in cases of inland bills; and any person or body to whom such note is assigned by indorsement thereon may maintain his action against the party who signed the same, or against any indorser thereof, as in cases of inland bills." There can be little doubt that it was the intention of the framers of this clause to put promissory notes on the same footing in all respects as bills of exchange. The case first referred to, apart from other questions, raises a doubt whether the act completely effectuates the object of its framers. Flight v. Maclean was an action by an indorsce against the maker of a promissory note for 5007.; and the declaration, in describing the note, alleged that the defendant thereby promised to pay to the order. of defendant, 500l., two months after date, and that the defendant then indorsed the BE same to the plaintiff. To this declaration there was a demurrer, on the ground that not a legal instrument, and could not be a note payable to a man's own order was, negociated. THE A DECISION of the Court of Exchequer has lately been reported, which, if it should be followed by the other courts, will do more to affect the negociability of promissory notes than any case which has Flight v. Maclean, 16 Law J. 23 Exch. tended, that it was essential to the validity In support of the demurrer it was con See Clarke v. Martin, 2 Lord Raym. 757; S. C. 1 Salk. 129; Buller v. Cripps, 6 Mod. 29. Construction of Statutes.-The Metropolitan and Provincial Law Association. of the instrument that it should show in whose favour it was made, and as no other person was mentioned in the note as payee but the maker, there was no contract at all, and the instrument was void.h instrument was not The Court, (consisting of Barons Alderson, Rolfe, and Platt,) determined in favour of the demurrer, on the ground that the a promissory note within the statute of Anne, which required such an instrument to be made payable by the party making it to some other person, or the order of some other person, or to bearer. Judgment was therefore given on this count of the declaration for the defendant. 69 The following is held on the 18th instant. "The council, in the latter part of last year, soon after the passing of the Small Debts Act, were requested to co-operate with the Provincial Law Societies in adopting measures for the improvement of the profession, and the furtherance of its interests, by establishing a New Association composed of Provincial as well as Metropolitan Solicitors. In reference to this proposition, it may be proper to remind the members that the Incorporated Law Society was instituted under a deed of settlement, in 1827, and obtained a charter in 1831; that it commenced by establishing an extensive law library, and founding courses of lectures on all the great branches of law and practice; that, in 1836, the judges of the superior courts deleUpon the authority of this case, rules gated to the governing body of the society the have subsequently been granted in other important duty of examining all persons applycourts, involving a similar question, and ing to be admitted on the roll of attorneys,-a when these rules come to be decided, the test of fitness which prevailed in early times, point, no doubt, will be definitively settled. but had long fallen into disuse. This duty, Considering the quantity of paper circulat- thus confided to the society, appears to have ing throughout the country, under the been well and faithfully discharged, for in same circumstances as the note in question, amination was made permanent by act of par1843, a few years afterwards, this mode of exit is of the utmost importance that the at-liament, and the society was appointed Registrar tention of the public and the profession of attorneys and solicitors. Shortly after this should be directed to the subject. What- period, a new charter was obtained, and the ever may be the true construction of the members at large generously surrendered their statute, it is certain that promissory notes individual rights of property for the benefit of payable to the maker's own order have for the corporate body. some time been commonly used, and the observations of text writers, in reference to notes of this description, have not tended to excite any suspicions as to their validity. INCORPORATED LAW SOCIETY.- MANY of the objects stated in the address of this association being comprehended within the plan of the Incorporated Law Society, some of our subscribers have inquired whether there has been any difference of opinion amongst the members of the profession, many of whom belong to both associations, and why it is that the Incorporated Society should not undertake all the measures proposed by the Metropolitan and Provincial Society? The most satisfactory answer to these inquiries will be found in the statement made by the Council of the Incorporated Law Society, at the annual general meeting The principal cases cited were, De la Chaumette v. The Bank of England, 9 Barn. & Cres. 208; Smith v. Kendall, 6 Term R. 123. See Chitty on Bills, 9th ed. 516; Byles on Bills, 3rd ed. p. 44. "Considering the position of this society, it is no matter of surprise, therefore, that the respectable and influential law societies throughout the country should look to this chartered institution for its assistance in supporting the just claims of the attorneys and solicitors, and its co-operation in any measures for the further improvement of that branch of the profession. "The council were consequently invited to lend their aid in forwarding the objects of the proposed association. But although the objects of that association appeared to accord with was founded, yet as they proposed to extend many of the purposes for which this society their aims to others, which however valuable in themselves, were not contemplated by the charter, the council felt themselves compelled to decline the proposal. "The council, moreover, entertained the opinion, that by holding a course strictly confined within the range of their chartered powers, they might be able more effectually to promote the interests of the association, and through them of the profession. The council are gratified in knowing that this view of their duty and the decision to which it led, have met with the approbation of members of the profession distinguished for their experience and sound judgment. "In the meantime the Metropolitan and Proestablished, and so far as this society can usevincial Law Association has been prosperously council will be always ready to assist their brefully and properly afford its co-operation, the thren incarrying out their important objects." 70 Review: Hodges's Law of Railways.-Taxation of Parliamentary Costs. NOTICES OF NEW BOOKS. 301), given forms in accordance with this latter section. We are not aware of any other work in which this point has been hit; and in this and many other respects we are glad to give a hearty commendation to the very elaborate and systematic work before us. The Law of Railways and Railway Companies. By WILLIAM HODGES, Esq., Barrister-at-Law. Sweet, London, 1847. THIS is the last, and appears to us the best, publication on the highly important subject of which it treats. Without in the slightest degree detracting from the merits of its numerous predecessors, we have no hesitation in expressing our strong approbation of the pains successfully bestowed upon this work. It appears to us equally establishing a Taxation of Costs on Private practical, elaborate, convenient, accurate, Bills. NEW BILLS IN PARLIAMENT. TAXATION OF PARLIAMENTARY COSTS. 1. Repeal of 6 Geo. 4, c. 123. and complete; and as such, calculated to It follows many of the provisions in the Atbe very valuable to practitioners, either torneys and Solicitors' Act, 6 & 7 Vict. c. 73, before committees of parliament, or courts but the taxing officer to be appointed under of law or equity, and in the courts of asses- the 3rd section should be an attorney or sosors, and before justices, in compensation licitor of 12 years standing, as are the taxing cases. The numerous "forms relating to masters in Chancery. compensation cases" are very carefully It recites the 6 Geo. 4, c. 123, and proposes drawn and will be found extremely useful; to amend it, and make more effectual provision and one of them is worthy of special notice for taxing the costs and expenses charged by on account of its importance, and its securing an advantage to complainants of parliamentary agents, attorneys, solicitors, and compensation, of which they are often not others, in respect of bills subject to the payaware. Our readers are aware, that under ment of fees in parliament, commonly called the Lands' Clauses Consolidation Act, private bills, and incurred in complying with the (stat. 8 Vict. c. 18, s. 38,) the promoters standing orders of the House of Commons relaof a railway are to give notice before sum- tive to such bills, and in preparing, bringing in, moning a jury, of "the sum of money and carrying the same through, or in opposing which they are ready to give for the inter- the same in the House of Commons. est of the owners; in lands sought to be purchased, and for damage to be sustained by 2. That from and after the passing of this him by the execution of the works;" and act, no parliamentary agent, attorney, or sounder s. 49, the jury are to find their licitor, nor any executor, administrator, or asverdict separately for the sum due in re- signee of any parliamentary agent, attorney, or spect of the purchase of the land, and for solicitor, shall commence or maintain any the compensation for the damage sustained action or suit for the recovery of any costs, by severing such land from other land of charges, or expenses in respect of any proceedthe owner, or otherwise injuriously affect-ings in the House of Commons relating to any ing such land;" and it is under this sec- respect of complying with the standing orders petition for a private bill, or private bill, or in tion that notices and warrants are usually of the said house relative thereto, or in predrawn, even when the bulk of the claim is paring, bringing in, and carrying the same in respect of compensation for damage done through, or opposing the same in, the House independently and irrespective of the land; of Commons, until the expiration of one month viz., for injury to or destruction of a busi. after such parliamentary agent, attorney, or ness carried on upon the premises, by some of such parliamentary agent, attorney, or sosolicitor, or executor, administrator, or assignee person other than the owner. Under the licitor, has delivered unto the party to be above clause, it is very difficult to say how charged therewith, or sent by post to, or left the jury could entertain the claim: but for him at, his counting-house, office of busiunder the Railway Clause Consolidation ness, dwelling-house, or last known place of Act, (stat. 8 Vict. c. 20, s. 6,) there is no abode, a bill of such costs, charges, and exquestion on the subject. That section is penses; and which bill shall either be subfar more extensive than the other, and suf- scribed with the proper hand of such parliaficiently extensive in its terms to compre-case of a partnership, by any of the partners, mentary agent, attorney, or solicitor, (or in the hend any kind of damage sustained by any person by reason of the execution of the act. Mr. Hodges has, therefore, (pp. 298, either with his own name or with the name of such partnership,) or of the executor, adminis trator, or assignee of such parliamentary agent, Taxation of Parliamentary Costs. attorney, or solicitor, or be inclosed in or accompanied by a letter subscribed in like manner referring to such bill: Provided always, That it shall not in any case be necessary, in the first instance, for such parliamentary agent, attorney, or solicitor, or the executor, administrator or assignee of such parliamentary agent, attorney, or solicitor, in proving a compliance with this act, to prove the contents of the bill delivered, sent, or left by him; but it shall be sufficient to prove that a bill of costs and expenses subscribed in manner aforesaid, or enclosed in or acompanied by such letter as aforesaid, was delivered, sent, or left in manner aforesaid; but nevertheless, it shall be competent for the other party to show that the bill so delivered, sent, or left was not such a bill as constituted a bona fide compliance with this act: Provided also, That it shall be lawful for any judge of the superior courts of law or equity in England or Ireland, or of the court of session in Scotland, to authorize a parliamentary agent, attorney, or solicitor to commence an action or suit for the recovery of his costs, charges, and expenses against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof, to the satisfaction of the said judge, that there is probable cause for believing that such party is about to quit that part of the United Kingdom in which such judge hath jurisdiction. 3. That for the due execution of the several provisions of this act, the Speaker of the House of Commons shall, by warrant under his hand, appoint one or more officers, who shall tax all bills of costs, charges, and expenses which by virtue of this act shall be required to be taxed by him or them: and in case more than one such officer shall be so appointed, such officers may act either jointly or separately in reference to any such taxation, as they shall think fit. 711 strued to authorize such taxing officer to determine the amount of fees which may have been payable to the House of Commons in respect of the proceedings upon any private bill. 6. That it shall be lawful for the said taxing officer to demand and receive for any such taxation such fees as the House of Commons may from time to time by any standing order authorize and direct; and to charge the said fees, and also to award costs of such taxation, against either party to such taxation, or in such proportion against each party as he may think fit; and he shall pay and apply the fees so received by him in such manner as shall be directed by any such standing order as aforesaid. 7. That the Speaker may from time to time prepare a list of such charges as it shall appear to him that parliamentary agents, attorneys, solicitors, and others may justly make with reference to the several matters comprised in such list; and the several charges therein specified shall be the utmost charges thenceforth to be allowed upon any such taxation in respect of the several matters therein specified. 8. That if any person upon whom any demand shall be made by any parliamentary agent, attorney, or solicitor, or executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or other person, for any costs, charges, or expenses in respect of any proceedings in the House of Commons relating to any petition for a private bill, or private bill, or in respect of complying with the standing orders of the said house relative thereto, or in preparing, bringing in, or carrying the same through, or in opposing the same in, the House of Commons, or if any parliamentary agent, attorney, or solicitor, or execu tor, administrator, or assignee of such parlia mentary agent, attorney, or solicitor, or other person who shall be aggrieved by the non-payment of any costs, charges, and expenses incurred or charged by him in respect of any such proceedings as aforesaid, shall make application to the said taxing officer at his office, for the taxation of such costs, charges, and expenses, the said taxing officer, on receiving a true copy of the bill of such costs, charges, and expenses which shall have been duly delivered as aforesaid to the party charged therewith, shall in due course proceed to tax and settle the same, and shall certify the amount thereof; and upon every such taxation, if either the parliamentary agent, attorney, or solicitor, or executor, administrator, or assignee of such 5. That the said taxing officer shall be em- parliamentary agent, attorney, or solicitor, or powered to call for the production of any books other person by whom such demand shall be or writings in the hands of any party to such made as aforesaid, or the party charged with taxation, relating to the matters of such taxa- such bill of costs, charges, and expenses, havtion, and to take an account of what is due by ing due notice, shall refuse or neglect to attend or from either party in respect of such costs, such taxation, the said taxing officer may pro charges, and expenses, and for that purpose to ceed to tax and settle such bill and demand take an account of all monies paid to or re-exparte; and if, pending such taxation, any ceived by or on account of either of such parties, which in his judgment ought to be added to, or set off against, the amount of such costs, charges, and expenses: Provided always, That nothing herein contained shall be con 4. That for the purpose of any such taxation, the said taxing officer so to be appointed as aforesaid may examine upon oath any party to such taxation, and any witness who may be examined in relation thereto, and may receive affidavits, sworn before him or before any Master or Master Extraordinary of the High Court of Chancery, relative to such costs, charges, or expenses; and any person who on such examination on oath, or in any such affidavit, shall wilfully or corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. action or other proceeding shall be commenced for the recovery of such bill of costs, charges, and expenses, the court or judge before whom the same shall be brought shall stay all proceedings thereon, until the amount of such bill 72 Taxation of Parliamentary Costs.-Grievances of Assessors of Small Debt Courts. shall have been duly certified by the Speaker as hereinafter provided. gulations as the Speaker shall from time to time make, and according to the list of charges (if any) which shall have been prepared by the Speaker as aforesaid; and the said taxing officer shall certify the amount of such costs, charges and expenses which shall appear to him to be fairly due or payable, and which every auditor or other officer or person who shall audit the accounts of such corporation, trustees or public bodies as aforesaid, may allow to be paid: Provided always, That the Speaker may from time to time, on application being made and sufficient cause shown to him, enlarge the time for depositing such bills of costs as he shall think fit. 9. That the said taxing officer shall, if required by either party, report his taxation to the Speaker, and in such report shall state the amount which he finds to be due to cither party from the other party in respect of such costs, charges, and expenses, and any payments so to be accounted for as aforesaid, and including the amount of costs and fees payable in respect of such taxation as aforesaid; and the said Speaker shall, upon application made to him, deliver to the party concerned therein, and requiring the same, a certificate of the amount so found due, which certificate shall be binding and conclusive on the parties as to the matters 12. That if five or more shareholders of any comprised in such taxation, and as to the joint-stock company, or any shareholder or amount due thereon, in all proceedings at law shareholders of any joint-stock company holdor in equity or otherwise; and in any action or other proceeding brought for the recovery of the amount so certified to be due, such certificate shall have the effect of a warrant of attorney to confess judgment; and the court in which such action shall be commenced, or any judge thereof, shall, on production of such certificate, order judgment to be entered up for the sum specified in such certificate, in like manner as if the defendant in any such action had signed a warrant to confess judgment in such action to that amount: Provided always, That if such defendant shall have pleaded that he is not chargeable with such costs, charges and expenses, such certificate shall be conclusive only as to the amount thereof which shall be payable by such defendant in case the plaintiff shall in such action recover the same. 10. That, whenever any petition for a private bill, or private bill, shall be promoted or opposed as aforesaid in the House of Commons by any municipal or ecclesiastical corporation, or by the trustees of any property held in trust for public or charitable purposes, or by any other public body having no private or personal pecuniary profit or advantage in promoting or opposing such petition or bill, all the costs, charges and expenses incurred in promoting or opposing the same, shall be taxed, before the same shall be lawfully payable and recoverable; and no auditor or other officer or person who shall audit the accounts of any such corporation, trustees or other public body shall allow any of such costs, charges and expenses unless the same shall have been taxed and the amount thereof duly certified. ing not less than one-tenth part in value of the shares in the capital thereof, shall make a demand in writing upon the directors or secretary thereof, requiring that the costs, charges and expenses in any manner incurred by such company in promoting or opposing any such petition, private bill, or proceeding, shall be taxed, such directors or secretary shall make application to the said taxing officer for the taxation thereof, and such costs, charges and expenses shall not be lawfully payable or recoverable, and no auditor, officer or other person who shall audit the accounts of such company shall allow the same, unless the same shall have been taxed, and the amount thereof duly certi fied by the Speaker or by the said taxing officer in such manner as the Speaker shall appoint; and the term "Joint-stock Company" shall be construed to include all companies which shall be subject to the provisions of an act of the eighth year of her present Majesty, intituled, " An Act for the Registration, Incorporation, and Regulation of Joint Stock Companies," or which shall have been incorporated by statute or charter, or which shall have been authorised by statute or letters patent to sue and be sued in the name of some officer or person. 13. That any parliamentary agent, attorney, or solicitor who shall neglect or refuse to de posit his bill of costs, charges, and expenses as hereinbefore required, and any auditor, officer, or other person who shall allow any such costs, charges, and expenses, the same not having been taxed, and the amount thereof duly certi fied as required by this act, shall be liable to forfeit and pay a penalty not exceeding 507. 14. Meaning of certain words in this act. GRIEVANCE OF ASSESSORS OF SMALL 11. That within six months after each session of parliament, unless application shall have previously been made for the taxation of such costs, charges and expenses as aforesaid, all parliamentary agents, attorneys and solicitors who shall have been engaged in promoting or opposing any petition for a private bill, or private bill or proceeding, prior to or during such session, on behalf of such corporation or trustees or public body as aforesaid, shall deposit WE lately inserted a letter (see p. 557, ante) with the said taxing officer, at his office, a copy from a solicitor who was an Assessor of one of of their respective bills of costs, charges and the Small Debt Courts, complaining of his reexpenses in respect of the same; and such bills moval from office to make room for a judge shall be taxed according to such rules and re-selected from the bar. A similar grievance has |