Practical Points.-Notices of New Books: Tidd's Practice. cussed, first at Westminster Hall, and then at Serjeants' Inn, gave a clear and unanimous opinion that no divorce or proceeding in the nature of a divorce in any foreign country, Scotland included, could dissolve a marriage contracted in England, and they sentenced Lolley to seven years' transportation. And he was accordingly sent to the hulks for one or two years, though in mercy the residue of his sentence was ultimately remitted. I take leave to say, he ought not to have gone to the hulks at all, because he had acted bond fine, though this did not prevent his conviction from being legal. But he was sent, notwithstanding, as if to shew clearly that the judges were confident of the law they had laid down, so that never was there a greater mistake than to suppose that the remission argued the least doubt on the part of the judges. I hold it to be perfectly clear, therefore, that Lolley's case stands as the settled law of Westminster Hall at this day. It has been uniformly recognized since, and in particular, it was repeatedly made the subject of discussion before Lord Eldon himself, in the two appeals of Tovey v. Lindsay, 1 Dow, 117, 131, in the House of Lords, when I furnished his lordship with a note of Lolley's case, which he followed in disposing of both those appeals, so far as it affected them. That case then settled two points, first, that no foreign proceeding in the nature of a divorce in an ecclesiastical court could effectually dissolve an English marriage; and, secondly, that a Scotch divorce is not such a proceeding in an ecclesiastical court as to bring the case within the exception in the Bigamy Act. 1 Jac. 1, c. 11, s. 2, for which nothing less than the sentence of an ecclesiastical court is sufficient.”—M'Carthy v. Decaix, 2 Russ. & M. 619. JOINT STOCK COMPANY. We have recently adverted to several points connected with joint stock companies. We now add the following one, as to whether a shareholder in them is liable to the bankrupt laws. This was a petition to annul the fiut. One objection was the want of a trading. The alleged trading was, that the bankrupt had taken a few shares in an unincorporated joint stock banking company. The order turned on other points. Sir George Rose-Though the 5 & 6 W. 4, 123 in this case. As to the remedies against the bankrupt as a partner, it is true they would generally exist; but it would be open to much mischief, if taking shares in a joint stock trading company made the holder a trader liable to the bankrupt laws. Without reference to the case now before the court, I am of opinion that it would require much caution to take out a fiat on such a trading; and my opinion is, that a fiat could not be supported on such trading-Ea parte Brundrett, 3 Mont. & A. 50. NOTICES OF NEW BOOKS. The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer of Pleas, in Personal Actions, and Ejectment containing all the Recent Statutes, Rules of Court, and Judicial Decisions, relating thereto. By William Tidd, Esq. of the Inner Temple, Barrister at Law. London: Saunders and Benning, 1837. THIS is an excellent consolidation of the several supplements to Mr. Tidd's Practice, and constitutes, with the ninth edition of that work, the whole body of the Common Law Practice. We hope that, at some future time, the learned author will give the profession a new edition of the entire Practice of the Courts, retaining such parts only of the ninth edition as have not been in any respect altered, and comprising all the new matter of the present volume. This, however, cannot be expected for a considerable time to come; and indeed, we think that it is decidedly the better course to defer the full consolidation of the practice until the changes still projecting have been made, and the operation of those changes have been tried in practice, and the whole matter reduced to something like a settled state. In the mean time the present volume must be of invaluable service to the It bears decisive marks of practitioner. having been composed with the accustomed care, the large experience, and untiring research of the venerable writer. best appreciated by some extracts from the The importance of the volume will be preface. e 56, s. 42, has created some little distinction as to concerted fats, yet if any thing more than mere concert exists, the old principles would "Since the publication of the 9th edition of still apply as to annulling for concert. It is the author's practice, in Trinity Term 1828, argued, that assuming the bankrupt was bond many important alterations have been made in fide a partner, he of necessity was a trader; the practice of the Superior Courts of Law at but it by no means follows, from the mere fact Westminster, by various statutes, rules of of being a member of such a partnership, that court, and judicial decisions. The principal the usual consequence of being a trader, liable statutes by which these alterations were effectto the bankrupt laws, follows. In all cases of ed, are the Administration of Justice Act, (11 ordinary partnerships, it would be a conse-Geo. 4. & I W. 4, c. 70); the Speedy Judgquence, but not the mere holding of shares, as ment and Execution Act, (1 W. 4, c. 7); the 124 Notices of New Books: Tidd's Practice. Examination of Witnesses act, (1 W. 4, c. 22); the Interpleader act, (1 & 2 W. 4, c 58); the Uniformity of Process act, (2 W. 4, c. 39); and the Law Amendment act, (3 & 4 W. 4, c. 42). | must be pleaded specially, in actions upon contracts and for wrongs: 5thly, in what cases the special matter may be given in evidence, under the general issue, by act of parliament: 6thly, the pleas in actions by and against bank"In pursuance of the power given by the Ad- rupts, or insolvent debtors, and their respecministration of Justice act, general rules were tive assignees; or by and against executors or made by all the Judges, in Trinity Term 1831, administrators, heirs or devisees: 7thly, the and Hilary term 1832. The rules of Trinity title, commencement, body, and conclusion of term chiefly relate to the putting in and justi-pleas: 8thly, in what cases the defendant fying of special bail; the shortening of decla- might formerly have pleaded, and is now alrations in actions of assumpsit, or debt, on bills lowed to plead several matters: and, lastly, of exchange, or promissory notes, and the the practice as regards the signing, delivering, common counts; the delivery of particulars of filing, adding, amending, waiving, abiding by, the plaintiff's demand, under those counts; the striking out, or setting aside pleas, &c. And time for delivering declarations de bene esse; though the new rules of pleading in particular the service of declarations in ejectment; the actions do not extend to replications, yet, in time for pleading; rules to plead several mat- order to explain the different modes of replyters; and judgment of non pros, &c. The ob- ing to pleas in bar, and in what manner the ject and intent of the rules of Hilary term ap-replication should deny or confess and avoid pear to have been, to assimilate the practice of the facts stated therein, the several reported the different courts, aud to render the proceed-cases which have been recently determined ings therein more expeditious, and less expensive to the suitors." After adverting to the several supplements published in 1830, 1832, and 1833, the author proceeds thus: thereon, in actions upon contracts and for wrongs, are noticed in the 28th chapter. "Some additional rules were also made by the judges, in pursuance of the law amendment act, and of the powers given them by the adpractice of the courts, in Hilary terin, 1834, ministration of justice act, relating to the which took effect on the first day of Easter term following. These rules, which are into demurrers, and proceedings in error; and troduced in their proper places, chiefly relate contain provisions respecting the admission of written documents. These supplements, however, were but partial; and the last of them was published more than three years ago; since which, many important alterations have been made in the practice, by subsequent statutes, rules of court, and judicial decisions. It is therefore hoped that the following work, in which the author has collected and arranged all the recent statutes and rules of court on practical to in the following work, are for the most part "The judicial decisions of the courts, referred subjects, including those noticed in the above founded on the statutes and rules of court besupplements, with the judicial decisions therefore noticed. But besides these decisions, the on, to the present time, and on other matters of frequent occurrence in practice, will not be unacceptable to the profession. author has, in order to render his work more extensively useful, collected and arranged the decisions on other matters of frequent occurUnder the Law Amendinent act, general rules were made by all the judges of the supe- to recover, when part of his bill is taxable, and rence in practice; such as an attorney's right rior courts of cominon law at Westminster, in Hilary term 1834; which having been laid the part not; staying proceedings until security requisite time before both houses of parlia- of attorney, and entering up judgment thereon; be given for the payment of costs; warrants inent, came into operation on the first day of the hearing of counsel at the trial; the assessEaster term following. These rules, which ment of damages; and the judge's certificate, may be considered as the commencement of a new era in pleading, are of two kinds : 1st, otherwise be entitled, or to entitle him to costs to deprive a party of costs to which he would general rules, relating to all pleadings; and, of which he would otherwise be deprived. Par2dly, rules relating to pleadings in the parti- ticular attention has also been paid to the folcular actions of assumpsit, covenant, debt,lowing important practical subjects; viz. prodetinue, case, and trespass. "In treating of pleas in bar, as governed by motions and rules, and the practice by sumcess; appearance; special bail; declaration; these rules, the author has considered, in the 27th chapter, 1st, the several grounds of de-ceedings on the interpleader act; pleas, and mons and order at a judge's chambers; profence, and what pleas, adapted thereto, may be pleadings; trials before the sheriff, &c.; the pleaded in actions upon contracts, and for examination of witnesses on interrogatories; wrongs independently of contract: 2ndly, the trials at nisi prius, and their incidents; costs, power of the judges to make alterations in the interlocutory and final; speedy judgment and node of pleading, &c. and the rules made by execution; and writs of error, and the prothem in pursuance thereof: 3dly, what must ceedings thereon." now, since the making of the above rules, be proved by the plaintiff, on the general issue, or common plea in denial of the contract or wrong stated in the declaration: 4thly, what night have been formerly, and may now be given in evidence thereon by the defendant, or has collected the fullest practical informaOn all these various subjects Mr. Tidd tion, and stated all the authorities with a degree of pains and care rarely equalled and never surpassed. New Bills in Parliament. NEW BILLS IN PARLIAMENT. COPYRIGHT. This is a bill to consolidate and amend the laws relating to copyright in printed books, musical compositions, acted dramas, and exgravings, to provide remedies for the violation thereof, and to extend the term of its duration. It recites that it is expedient to consolidate and render uniform the laws relating to copyright in printed books, musical compositions, acted dramas aud engravings, and to afford greater encouragement to the authors and inventors thereof, by extending the term of their exclusive right therein. The proposed enactments are as follow: 125 entitled to copyright in the British dominions, on making entry at Stationers' Hall within one year from the first publication, and forthwith publishing here. Provided that no author publishing abroad shall have copyright here, unless he shall make such entry and forthwith publish. 12. Any one aggrieved by any entry in the registry book, may apply to the Lord Chancellor, Master of the Rolls, Vice Chancellor, or Court of Common Law, to order it to be altered or expunged. 13. Remedy for the piracy of books or parts of books by action on the case. Proviso for Scotland. 14. Term of the exclusive right in the representation of dramatic works extended to that of authors. 1. Repeal of former acts, 8 Ann, c. 19. 2G. 2, c. 13 (as to engravings). 7 G. 3, c. 38 (as to 15. Where the sole liberty of representing engravings.) 17 G. 3, c. 57 (engravings). 41 a dramatic piece now belongs to the author, it G. 3, c. 107. 54 G. 3, c. 156 (extending copy-shall endure for his life, and for sixty years right in books). 6 & 7 Will. 4. c. 59 (for ex- | from his death. And if the author is dead, his tending copyright in prints to Ireland.) 2. Interpretation clause. 3. Copyright in any book hereafter to be published to inure to the author for life, and for sixty years, commencing at his death. 4. In case of subsisting copyright in the author, the same shall continue for his life and for sixty years from his death. And if the author be dead and the copyright in his representative, such representative shall have the same for the residue of the term of sixty years from the author's death. 5. In cases of subsisting copyright which has been assigned, the assignee shall enjoy it for the author's life, or for twenty-eight years; and it shall afterwards revert to the representatives of the author for the residue of sixty years from his death. Proviso, that if a book has been published in parts, the term of the copyright shall run from the publication of the last part. Proviso for the sale of copies printed during the interest of the assignee. 6. Whenever five years shall elapse after the expiration of the twenty eight years, or the author's death, without publication of any works out of print, any one may petition the Lord Chancellor, Master of the Rolls or Vice Chancellor, for liberty to re-publish the same, and re-publish the same on such permission. 7. Five copies of every book to be delivered within a month after demand for the use of the following libraries; British Museum, Bodleian Library at Oxford, public library at Cambridge, Advocates' at Edinburgh, Trinity College, Dublin. Penalty for not delivering or receiving the copies. Copies of second editions, &c. not required. Except copies of additions or alterations. Publishers may deliver the copies to the libraries instead of the Stationers' Company, 8. Book of registry to he kept at Stationers' Hall. 9. Party making a false entry in the book of registry, to be guilty of a misdemeanor. 10. Entries of copyright to be made in the book of registry. 11. Authors first publishing abroad, to be representative shall have it for sixty years from his death. 16. When the right of representing any dramatic piece shall have been assigned, the right shall continue in the assignee for twentyeight years, or for the life of the author, and afterwards shall belong to the representative of such author. 17. The proprietor of the right of dramatic representation shall have all the remedies. given by the act 3 & 4 W. 4. 18. No assignment of copyright of a dramatic piece shall convey the right of representation, unless an entry to that effect shall be made in the book of registry. 19. Subsisting copyright interest in engravings to remain as before the passing of this. act. 20. The engraver of a picture being also. its proprietor, shall have the copyright for the same term as the author of a book 21. Engraver of a picture, with licence of the painter, being the proprietor, shall have the copyright in the engraving, 22. No engraving to he made from the pic ture without the consent of the painter and proprietor; and if an engraver shall have such consent, he shall have the copyright in the engraving, 23. The copyright in an engraving of an original design shall be in the engraver. 24. Copyright in engraving from the picture belonging to a public institution shall be in the first engraver. Proviso that other engravings may be made from the same picture. 25. Two copies of registered engravings to be left for the British Museum, and for deposit at Stationers' Hall. 26. Remedy for the piracy of engravings, or copies of engravings, by action on the case. 27. Power to the Lord Chancellor, Vice Chancellor, Master of the Rolls, and Court of Law, to grant injunction in case of piracy. 28. Books or engravings pirated shall become the property of the proprietor of the copyright, and may be recovered by action or seized by warrant of two Justices. 126 New Bills in Parliament.-Solicitor's Lien, how parted with. 29. No proprietor of copyright commencing after the act, shall sue or proceed for any infringement which shall take place before entry in the book of registry. Provision for dramatic pieces. case of Mr. Wellesley, in 2 Russ. 1, where all the cases will be found, and in which case the Court deprived Mr. Wellesley of his legal right, appointing two other persons in his stead. I need scarce call to mind the coin 30. Clergymen may lawfully dispose of copy-mittal of Mr. Wellesley for the contempt of right or copies of books of which they are the authors. 31. Copyright shall be personalty. 32. Saving the rights of the Universities and the colleges of Eton, Westminster, and Winchester. 33. Act to extend to all parts of the British dominions. 34. Act may be amended or repealed during the present session. the decree depriving him of his legal right. In that case (2 Russ. & Myl 639), Mr. Wellesley, though claiming his privilege of parliament, was committed for contempt of such decree, and in the Fleet might he have lain till his death, if he had not restored the child again into the possession of the Court. Now if the argument I impeach be true, how comes it that Mr. Wellesley did not assert his legal title to retain the children. The two cases cannot be distinguished. It is true that, if the party ge ting his deeds chose to go to the Fleet, SOLICITOR'S LIEN, HOW PARTED he might do so, and lie there till his death. Í WITH. suppose the Court to make an order for the re-delivery of the deeds, and the party's committal to take place for contempt of such deTHE point taken up as to a party obtaining cree. I admit it lies on me to shew that the the possession of his deeds from his solicitor-Court would entertain such a bill, and make whether by fraud or otherwise-and thereby putting an end to such lien, cannot, I conceive, be maintained. I will first clear the case from the matter upon which, I think, we are all agreed: viz. if the deeds come fairly into the hands of the owner, there the lien is entirely gone, without the deeds get back again to the party claiming them. And again: I do not think the circumstance happening either before or after the time has expired for the solicitor or party claiming the lien to bring his action, need stand in the way. The simple question I consider this: B. has possession of deeds to the estate of A., and claims a lien on them for 1000%. due from A. to B. A., either by himself or some one else, steals the deeds from B. (I stay steal, because I would lay out of the question the case of A. bribing a clerk to give up the deeds, for such is only a breach of confidence in the clerk, for which he is answerable to his master.) The arguments go to this: No matter how good the lien may be;-no matter that you having asserted your legal title, and obtained a verdict for the deeds (as in Harrington v. Price, 3 B. & Adol. 170): have been restrained taking the benefit, by equity declaring the lien to be good, and that the deeds shall remain until the lien paid;-if by fraud the deeds be obtained from the holder in very contempt of the decree of Chancery, Chancery can give you no remedy. I admit it would be absurd indicting a man for stealing that to which he had a legal title; but I will put an equally strong case, and shew the result. It is undoubted law that a father has the right to the possession of his children, and the King's Bench will assist him in gaining them; and there is no instance in which the aid has been refused. Equity, in some very extreme cases, (admitting the legal right) has interfered to restrain this legal right, and deprive the legal owner. I need scarce allude to the such decree, where previous to the party so obtaining his deeds, there was no suit so as to raise the question of contempt of Court. To shew this, it must be proved that a lien may exist, though the article upon which the party claims his lien has been parted with: and if this be proved, it would, I conceive, require no argument to support the bill, in the case under consideration. One line of cases in which the Courts interfere to maintain a lien, though the subject matter of lien be parted with, is that where a purchaser gets possession of property without paying for it, the deeds expressing the consideration to be paid, are given up, yet against the purchaser and all parties claiming from him as volunteers, take the property subject to such lien. In Mackreth v. Symmons, 15 Ves. 329, the cases on this head are reviewed by Lord Eldon. 1 will now mention a case, which, if rightly decided, would seem entirely to rule the present. A solicitor in possession of deeds relating to leaseholds, claims a lien. The assignee of the owner buys the property at a sum much less than the lien, but on receipt of this, the solicitor gives up the deeds, a subsequent sale by the assignee for double the previous price, being declared void as against the bankrupt's estate: the solicitor was held still to have a lien for the amount he was unpaid. Ex parte Morgan, 12 Ves. 6. Here it is to be observed the solicitor parted voluntarily with the deeds. and yet the lien was held to exist. It would seem to me, after this, to be monstrous to hold that a party may by main force get possession of his deeds, and laugh at the person having the lien. This would be certainly very inconsistent, and the amount of an order in equity would be this :-The lien is good-the deeds to be retained until the lien be paid, unless, in the mean time, the owner be enabled to steal the same, in which case the deeds are to stand discharged of the lien. It is not denied that equity interferes to Affidavits Sworn in France - Coroners' Expenses Bill. uphold a lien. Aduitting this, I think it a. mounts to an absurdity to say the Court would not entertain a bill for a re-delivery of the deeds under the circumstances in this case. M. AFFIDAVITS SWORN IN FRANCE TO BE USED IN GREAT BRITAIN. To the Editor of the Legal Observer. SIR, Much uncertainty formerly existed as to the competence of French magistrates Juges de Pair) to administer oaths in matters of British jurisprudence in France. The incidents of a practice which implies as weli a knowledge of the laws of two countries, as the constant technical application of two languages, have compelled me to unite the French to the English mode of exercising the profession, and guided by the usages of the French bar, it has been my practice to take charge of, and by intercourse with French lawyers, further all business which in England would be transacted by a solicitor, but which, in France, might fall within the province of an advocate. It was the knowledge of this which probably induced the Procureur de Roi to first communicate to me the order of the Garde des Sceaux relative to affidavits in France in matters of British jurisprudence, requesting that I would give it the utmost publicity in England. There appeared no course so favourable as to address you upon the subject, which I had the honour to do, and any letter appeared in the Legal Observer of May 31, 1834. It has been since matter of surprise, that from ignorance or other cause some Juges de Paix, in Paris, have consented to receive English affidavits, the contents of which they are unable to read, the date in the jurat being frequently inserted in French. A letter from a Juge de Paris, of the third arrondisement of Paris, which appeared in the Gazette des Tribunaux of the 20th inst. bears too much on this subject to admit of my passing it unnoticed; and I venture to subjoin a translation: "The seal of the Justice de Paix, of the third arrondisement, was stolen yesterday afternoon from my secretaire; the seal itself is not of sufficient value to have induced the theft, it can only have been taken with a view to authenticate some false document." "This fraud could not avail in Paris, or even in France, since it would be easy to ascertain whether the signature was mine; but the same could not be the case in London or EngJand, where an incorrect notion is entertained 'that the Justices de Paix in France have the same competence as magistrates in England.' "I have frequently, but as vainly, endeavoured to make English people understand, when they have either presented a paper for my legalization, or have asked me to receive an oath, 127 that these formalities were entirely foreign to my attributions: they have replied by showing me the letters and instructions received from their lawyers in England, in which it was insisted, that by the law of their country the Juge de Paix only could receive or authenticate the document in question. I have yielded at length to their solicitation." The letter goes on to state the precautions taken in the change of form of the seal, to replace that stolen, and is signed We are happy to announce that many of the alterations which we suggested in this bill, have been made in committee. There is to be a new scale of fees made by the Justices at Quarter Sessions, by which the payment to Coroners are to be regulated; and they are provisionally to have 6s. 8d. more on every inquest. The repayments to Coroners are to be made at the Quarter, not at the Petty Sessions; and other judicious alterations are made. We now add an extract from a communication from another Coroner of respectability and experience, to which we call attention. "There remains but one other subject, and that is the insufficient remuneration of coroners. Their fees were fixed by 25 G. 2, c. 29, (now 85 years ago) at 17. for holding an inquest, and 9d. a mile for every mile they travel from home to hold such inquest; but nothing is allowed for returning, nothing for a second day's attendance in case of adjournment, and nothing for attending the Quarter Sessions and Assizes. At the time the allowance was made, one guinea per diem was the general allowance for professional men, and 9d. a mile would furnish a chaise and pair of horses. I have heard no one attempt to justify so small a sum now. In the year 1816 a bill passed the House of Commons, doubling the present fees, and was lost in the Lords by a majority of one only, in a house consisting of less than a dozen peers, when two Chief Jus |