New Bills in Parliament: Chancery Offices abolishing.- Review. 233 articles for the said offices and each of them, or between solicitor and client, more than or in payment of taxes, rates, and other as- two-pence per folio, such solicitor shall forfeit sessments charged upon or payable for or in and pay to the party suing for the same the respect of the said offices and each or either or sum of twenty shillings for every folio so overany of them, or to which the said several offi- | charged; and it shall further be lawful for the cers of the said Court or any of them may be Lord High Chancellor, in his discretion, on liable in respect thereof; and that such ex- complaint made to him, to strike any solicitor penses shall be paid out of the fund entitled so making such overcharge off the Rolls of "Account of Monies placed out for the Benefit the Court of Chancery; and on such order and better Security of the Suitors of the High being made, it shall be lawful for the Judges Court of Chancery." and out of the fund en- in the several other Courts in Westminster titled "Account of Securities purchased with Hall to order that such solicitor, if admitted surplus Interest arising from Securities carried an attorney of either of such other Courts, to to an Account of Monies placed out for the be in like manner struck off the Rolls of such Benefit and better Security of the Suitors of Courts respectively. the High Court of Chancery," or either of them. Sulicitors. 24. That every solicitor who shall be appointed to and shall accept any office or employment under or by virtue of this act shall forthwith be struck off the roll of solicitors of the High Court of Chancery, and off the roll of attorneys of his Majesty's Courts of Record at Westminster, on which his name may be. Reducing Fees. 25. That if at any time it shall appear to the Lord Chancellor that the monies and securities standing to the said account to be entitled "The Chancery Filacers Account," together with the interest and dividends thereof, and the fees expectant and to be payable to such account, shall be more than sufficient to answer and pay the several salaries and other payments for the time being chargeable thereon, it shall be lawful for the Lord Chancellor to order such abatement to be made in the fees hereinbefore directed to be received and paid to such account as may to the said Lord Chancellor from time to time seem fit, and as may be consistent with the purposes for which such fund is created. Copies of Pleadings and Solicitors' Charge. 26. That when any party in any suit or matter depending in the said Court shall file any bill, answer, or other pleading or proceeding in the said office of the Filacer, such party shall cause a true copy of every such bill, answer, pleading, or proceeding to be delivered to every solicitor of any other party or parties in such suit or matter, or to such solicitor or a This reduction of charge from 10d. to 2d. appears to be the extreme of economy, and can scarcely be adequate or satisfactory. ED. b It would be convenient to make the folio 72 words, as in all the Common Law Courts. ED. Powers under the Act. The Book of Rights: or, Constitutional Acts and Parliamentary Proceedings affecting Civil and Religious Liberty in Englund, from Magna Charta to the present Time; Historically arranged, with Notes and Observations. By Edgar Taylor, F. S. A. London: A. Maxwell, 1833. THE object of this book is to supply, within convenient compass, many documents of the greatest value in English history and jurisprudence which hitherto must have been sought for in bulky volumes, not very accessible to the general reader. The matter is arranged chronologically; and each reign is commenced with preliminary observations, shewing the effect of the constitutional acts and parliamentary proceedings comprised within it. The only Sovereigns who do not appear to have contributed to these series of constitutional acts, are Henry the Fifth, James the Second, Anne, and George the Second. Our readers may judge of the value of the collection by the following catalogue: Magna Chartr, 17 John; Covenant of Security, 1215. Great Charter, 9 Hen. 3; Ecclesiastical Seitence, 1254. Charter of Confirmation, 25 Edw. 1; 234 Review: Taylor's Book of Rights. Abolition of Feudal Tenures, 12 Çar. 2. c. 24; Abolition of Writ de Heretico comburendo, 29 Car. 2. c. 9; Billeting of Soldiers, 31 Car. 2. c. 1; Habeas Corpus Act, 31 Car. 2. c. 2. Ecclesiastical Sentence, 1297; De Tallagio | Commission Court Abolition, 16 Car. 1. c. non concedendo, 34 Edw. 1; Statute of 11; Ship Money Act, 16 Car. 1. c. 14. Westminster, 3 Edw. 1. c. 5; Reasonable Amerciaments, c. 6; Pursuit of Felons, notwithstanding franchises, c. 9; Against partial Inquests, c. 11; Against extortion in King's Officers, c. 26; Against deceit or collusion by Serjeants, &c., c. 29; Scandalum magnatum, c. 34; Against coming armed to Parliament, 7 Edw. 1.; Bills of Exceptions, 13 Edw. 1. c. 31; Crown Challenges, 33 Edw. 1. Revocation of Ordinances, and declaration as to Legislation by King, Lords and Commons, 15 Edw. 2. Yearly Parliaments, 4 & 36 Edw. 3; Against compulsory service in arms out of the Shire, 1 Edw. 3; Against compulsory finding of Men at Arms, 25 Edw. 3; Not to disturb Justice, 2 Edw. 3. c. 8; Authority of Justices, 4 Edw. 3. c. 2; Statute of Treasons, 25 Edw. 3. st. 5. c. 2; Prosecutors not to be on the Inquest of the party indicted, c. 3; none to be condemned, &c, without Process, c. 4; Process for Felony, c. 14; none to be condemned without due Process, 28 Ed. 3. c. 3; Inquest de medietate linguæ, c. 13; Impartiality in array of Jurors, 34 Edw. 3. c. 4; Pleading in English, 36 Edw. 3. c. 15. No man to be a Justice of Assize in his own County, 8 Rich. 2. c. 2; none to sit on the Bench with the Justices of Assize, 20 Rich. 2. c. 3; Parliamentary Remonstrance, 1381; Petitions of Commons to participate in drawing up Statutes, 1381; Record of deposition of Rich. 2, and election of Hen. 4, 1399. Election of Knights of Shire, 7 Hen. 4. c. 15; Record of Arrangement as to the Rights of the Commons in Money Bills, and as to the King's interference, 1407. Acts regulating Elections, 8 Hen. 6. c. 7; and 23 Hen. 6. c. 14. Act as to adherence to Kings de facto, 11 Hen. 7. c. 1; Pauper Suits, 11 Hén. 7. c. 12. Act of Supremacy 26 Hen. 8. c. 1. Repeal of Treasons and Heresies, 1 Edw. 6. c. 12; Evidence of Treason, 5 & 6 Edw. 6. c. 11. § 12. Repeal of Treasons under the tion Acts, 1 Mary, ss. 1. c. 1. Act of Supremacy, 1 Eliz. c. 1; Act of Uniformity, 1 Eliz. c. 2; Relief of Poor, 43 Eliz. c. 2. Coronation Oath, Will. & Mary, ss. 1. c. 6; Bill of Rights, Succession, &c., 1 W. & M., ss. 2. c. 2; Toleration Act, 1 W. & M., ss. 1. c. 18; Triennial Parliaments, 6 W. & M., c. 2; Trial for Treason, 7 W. 3. c. 3; Act of Settlement, 12 & 13 W. 3. c. 2. Septennial Act, 1 Geo. 1. stat. 2. c. 38. Reform Act, 2 Will. 4. c. 45. This is a curious list, shewing the successive stages of improvement in civil and religious liberty in England. We should be tempted, had we space, to make many extracts from Mr. Taylor's observations on the several leading measures which are here collected. His commentaries are concisely and forcibly written, and form of themselves a valuable summary of the most important acts of English legislation, from the Norman Conquest to the present time. At the close of the Norman and Plantagenet lines, Mr. Taylor quotes the following passage from Sir. James Mackintosh : "It is observable, that the language of Magna Charta is simple, brief, general without being abstract, and expressed in terms of authority, not of argument, yet commonly so reasonable as to carry with it the intrinsic evidence of its own fitness. It was understood by the simplest of the unlettered age for whom it was intended; it was remembered by them;-and though they did not perceive the extensive consequences which might be derived from it, their feelings were, however unconsciously, exalted by its generality and grandeur. "On the English nation, undoubtedly, the Charter has contributed to bestow the union of Reforma-kind it set the first example of the progress of establishment with improvement. To all mana great people for centuries, in blending their tumultuary democracy and haughty nobility with a fluctuating and vaguely limited monarchy, so as at length to form from these discordant materials the only form of free government which experience had shown to be Whoever in any future age or unborn nation reconcileable with widely extended dominions. may admire the felicity of the expedient which Protestation for Freedom of Debate, James 1, 1621. Petition of Right, 3 Car. 1; Star Chamber Abolition, 16 Car. 1. c. 10, High Review: Taylor's Book of Rights.-Superior Courts: K. B. P. C. converted the power of taxation into the shield of liberty, by which discretionary and secret imprisonment was rendered impracticable, and portions of the people were trained to exercise a larger share of judicial power than was ever allotted to them in any other civilized state, in such a manner as to secure instead of endangering public tranquillity;-whoever exults at the spectacle of enlightened and independent assemblies, who, under the eye of a well-informed nation, discuss and determine the laws and policy likely to make communities great and happy;-whoever is capable of comprehending all the effects of such institutions, with all their possible improvements upon the mind and genius of a people, is sacredly bound to speak with reverential gratitude of the authors of the great charter. To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England on the esteem of mankind.”a He then proceeds to observe that 235 in their justification, not even the direct order of the king." The introductory remarks to the acts of the reign of Elizabeth, and particularly of James the First, are full and interesting; and those relating to the subsequent reigns, are just andappropriate. From the summary of the reign of George the Fourth we select the following, as applicable to the present projects of legal reform. "The opportunity, however, must be taken of recording an act, too detailed in its pro visions for insertion here at length, but certainly one of the most important practical aids upon the statute book for the pure administration of justice. We allude to Sir Robert Peel's jury law. By one of its provisions, which will be extracted below, it secures a defendant in crown prosecutions from that 'discretion,' which a public officer had assumed of selecting and in fact nominating "In our progress through the legislation special juries. There is perhaps no law of and parliamentary proceeding subsequent to modern times for which any living statesman the Great Charter, we have met with no traces is more justly entitled to the gratitude of his of abandonment of the spirit of energy and country. It may be added that Sir Robert perseverance in which that great landmark Peel's plans of consolidation and amendment was founded. The course was always progres-devised and well executed so far as they exof the law on particular subjects, were ably sive, and in a right direction. Whatever occasional infringements were made upon the rights of the people, and however acquiescent they may at times appear under such aggressions, we find the following substantial restraints of the royal authority indisputably established at the period now reached. tended. It would be well if the same degree of official attention were directed to the crude become so abundant; and which being left to projects of legal reform, which have of late the conduct of individuals, and without any general supervision, proceed on no defined or systematic plan of operations, and sometimes appear not only ineffectual to any permanent improvement, but contradictory in the very principles on which they are founded." SUPERIOR COURTS. King's Bench Practice Court. SERVICE OF DECLARATION IN EJECTMENT. "1. The king could levy no sort of new tax upon his people, except by the grant of his parliament, consisting as well of bishops and mitred abbots, or lords spiritual, and of hereditary peers or temporal lords, who sat and voted promiscuously in the same chamber, as of representatives from the freeholders of each county, and from the burgesses of many towns and less considerable places, forming the lower or commons' house. 2. The previous assent and authority of the same assembly was necessary for every new law, whether of a general or temporary nature. 3. No man could be committed to prison but by a legal warrant, specifying his offence; and by an usage nearly tantamount to constitutional right, he must be ment of a wrong term is immaterial. speedily brought to trial by means of regular On a motion for judgment against the sessions of gaol-delivery. 4. The fact of guilt casual ejector, it appeared that the service was or innocence on a criminal charge was deter-regular on the tenant in possession on the premined in a public Court, and in the county mises, but that the declaration was entitled as where the offence was alleged to have occurred, Easter term, 4. W. 4.;" no such term by a jury of twelve men, from whose unanihaving as yet arrived. mous verdict no appeal could be made. 5. Civil rights, so far as they depended on questions of fact, were subject to the same decision. 6. The officers and servants of the crown, violating the personal liberty or other right of the subject, might be sued in an action for damages, to be assessed by a jury, or, in some cases, were liable to criminal process; nor could they plead any warrant or command * Hist. of England, vol. i. p. 221. of Taunton, J.-That is sufficient. SHERIFF'S RETURN.-DISTRINGAS. Where the Court will not interfere with the sheriff's return. Paget applied for a rule nisi to compel the sheriff to pay over to the plaintiff the sum o 236 Superior Courts: K. B. Practice Court. forty shillings, alleged to have been levied by the sheriff in this cause. A summons, and then a distringas, had been issued; and then the plaintiff received an intimation from the sheriff's officer that he had levied forty shillings, pursuant to the distringas. A summons to stay proceedings, on payment of debt and costs, was then taken out by the defendant; but neither debt nor costs being paid, the plaintiff ruled the sheriff to return the writ. A return was made, stating the fact of the levy; but on application being made to the sheriff's officer, he stated that he had neither served the distringas, nor levied the forty shillings. Patieson. J.-Your only remedy is an action against the sheriff for a false return, he being answerable for his officer's default. It would be of no use to grant the application, in order to compel the sheriff to pay over this sum of money; as since the officer has not served the distringas, he cannot make an affidavit of the service. Without such an affidavit the plaintiff would not be at liberty to enter an appearance for the defendant. Rule refused.-Heward v. Edwards, May 6, 1833. K. B. P. C. DECLARATION AGAINST PRISONERS. How a plaintiff should declare on process issuing out of the King's Bench against a defendant who is in the custody of the Warden. tody of the Marshal or the Warden, shall be as against prisoners in the custody of the sheriff: it is not necessary to bring up a prisoner in the custody of the Warden by ha. cor., in order to charge him with a declaration; and the same section directs that the defendant is to be alleged to be in the custody of the Marshal or Warden, as the fact may be. The present rule must therefore be discharged, with costs. Rule discharged, with costs.-Barnett and others v. Hurris, clerk, June 12, 1833. K.B. P.C. WRIT OF ERROR.-SHAM BAIL.-NULLITY.. If sham bail be put in on a writ of error, the plaintiff may treat them as a nullity and issue execution. The Cowling shewed cause against a rule for setting aside a fi. fr., on the ground, that it had issued after bail in error had been put in, to which the plaintiff had excepted, although he had not entered his exception; nor had the plaintiff given a rule for better bail, according to the practice of the court. cause shewn against the rule was an affidavit which stated, that the bail put in were sham bail, who were in the habit of plying at Serjeant's Inn. The plaintiff, therefore, was entitled to treat such bail as a nullity, and issue execution. Mansel in support of the rule contended, that the plaintiff had waived his right to treat the bail as a nullity, by excepting to them, even though he had not entered the exception. In this case a rule nisi was obtained for setting aside a declaration, on the ground of its alleging that the defendant was in the custody of the Warden of the Fleet, the process issuing out of the Court of King's Bench. It was contended that this was perfectly regular, as the defendant was actually in the custody of the Warden under a writ of detainer. Where process issues against a prisoner, in the custody either of the Marshal or the Warden, it is provided by the 2 & 3 W. 4. c. 39, § 8,Eldred, 6th June, 1833. K. B. P. C. that the declaration thereupon shall and may allege the prisoner to be in the custody of the said Marshal or Warden, as the fact Taunton, J.-It appears from the affidavit, that the bail put in were sham bail. On the authority of the cases, therefore, the plaintiff was entitled to treat them as a nullity, and to issue execution. In this case, it is not sug The gested, that there was any real error on the face of the record. The present rule must, therefore, be discharged, and with costs. Rule discharged with costs. Sutcliffe v. inay be, and the proceeding shall be as against SHERIFF.-LANDLORD.—BANKRUPT. — RENT. prisoners in the custody of the sheriff, unless otherwise ordered by some rules to be made by the Judges of the said Courts." plaintiff therefore was authorized, under the authority of this section, to declare against the defendant as in the custody of the Warden of the Fleet on process issuing from the King's Bench. Where the Sheriff has seized under a fi. fa. and afterwards receives notice before sale of the landlord's claim for rent in arrear, and afterwards of a fiat of bankruptcy, the assignees are entitled to the goods, unless the landlord has made a distress for his rent. Taunton, J.-Previous to the passing of this In this case, an application was made by the act, where a defendant was detained in the sheriff for relief under the 1 & 2 W. 4 c. 58. custody of the Warden on process issuing out § 6, the interpleader act. It appeared that the of the King's Bench, it was necessary to bring sheriff had made a seizure under writs of fi fa. him up by habeas corpus, in order to charge on judgments entered up on wrrrants of athim with a declaration. But where he was in torney. The landlord gave notice before sale, the custody of the sheriff it was not necessary under the 8th of Anne, c. 14. § I, of rent in to do so, as the 2 & 3 W. 4. c. 39. § 8. provides arrear. Afterwards notice was given of a fiat that proceedings against prisoners in the cus-of bankruptcy issued against the defendant Superior Courts: K. B. Practice Court, 237 Under these circumstances, the sheriff applied | of a term prior to that, in which judgment is to the Court for relief. On shewing cause, signed; and secondly, that section three of no one appeared for the execution creditors, the act, under the authority of which the it being admitted that the executions were speedy execution had been granted, directed void against the assignees, under the 6 Geo. 4. that " every execution issued by virtue of this c. 16. § 108. The only question therefore act, shall and may bear teste on the day of was, whether the assignees were entitled to issuing thereof." the proceeds of the sale without deducting the half year's rent claimed by the landlord. Chilton appeared for the sheriff. Addison appeared for the assignees. He contended, that as the landlord had not made a distress, and thus legally enforced his rights; and as the fiat of bankruptcy had preceded the sale, the assignees were entitled to the proceeds of the sale. In order to entitle the landlord to receive any part of those proceeds, under 6 G. 4. c. 16. § 74, he ought to have enforced his claim by distress. Cur. adv. vult. Thesiger shewed cause against the rule, and contended that although the ca. su. was irre gular, by the improper teste, yet such an irregularity the Court would permit to be amended on payment of costs. Patteson, J.-I think that even as against the bail, this amendment ought to be allowed on payment of costs. Rule accordingly.—Englehart v. Dunbar, 12th June, 1833. K. B. P. C. EXECUTION.-HA. COR. AD SATISFA. Where a ha. cor, ad satisfu. is issued for the residue of a debt after a fi. fa. executed, it is not necessary that the former writ should refer to what has been done under the fi. fa. Mansel obtained a rule to shew cause in this Taunton, J.-I think it is perfectly clear, that in order to entitle the landlord to any part of the proceeds of this sale, under 6 G. 4. c. 16. § 74, he ought to have enforced his rights by legal process. I have consulted the other Judges, and the conclusion at which we have arrived is, that the assignees are entitled to the full proceeds of the sale. If the sheriff had paid over the amount of the land-case why the ha. cor. ad satisfa. should not be lord's claim to him before he received notice of the fiat, the case might have been different; but, in the present state of facts, it is impossible to say that the landlord is entitled to his rent to the prejudice of the claim set up by the assignees. The landlord not having enforced his claim by legal process, he cannot now enforce it against the assignees. The sheriff, therefore, must pay over the proceeds of the goods sold to the assignees, and retire from the possession of those, which are unsold. Each party will pay his own costs. Rule discharged accordingly. Wilks, 8th June, 1833, K. B. P. C. Gethin v. TESTE OF WRIT.-AMENDMENT. A ca. sa. cannot be tested of a term previous to the judgment, although it is issued under the 1 W. 4. c. 7. § 3; but it may be amended on payment of costs, even as against bail. levy set aside on the ground of its not referring to Sewell shewed cause and submitted, that it was unnecessary to make any reference in the ha. cor. ad satisfa. to what had been done under the fi. fa. The person to whom the former writ was directed, would sufficiently understand for what amount the defendant was to be detained, by referring to the memorandum at the end of it. Taunton, J. was of opinion, that the memo randum at the end of the ha. cor. ad satisfa sufficiently shewed the sum for which the deMansel obtained a rule nisi for setting aside fendant was to be detained. All the informathe ca. sa. in this case, on the ground that it tion, therefore, which was necessary to be had been tested of a term previous to the sign- given to the officer, to whom the writ was diing of judgment. A verdict was given against rected, was given. It was, therefore, unneces the defendant in Hilary vacation; and the sary that any reference should be made from learned Judge who tried the cause, in purit to the fi. fa. The present rule ought, theresuance of the 1 W. 4. c. 7. §. 2, granted speedy fore, to be discharged with costs. execution. Judgment was signed on the 15th Rule discharged, with costs.-Green v. FosMarch, and execution immediately issued. ter (a prisoner), 9th June, 1833. K. B. P. C. The ca. sa. was tested on the last day of Hilary Term. An action of debt on the recognizance of the bail was afterwards brought against them. A rule nisi was obtained at their instance to set aside the ca. sa. for irregularity; on the ground that, a ca. sa. cannot be tested AMENDMENT.-INTENTION. Although an order to amend is general in its terms, it can only be put into effect with re |