286

Equity Sittings.-Notes of the Week-Answers to Queries.

AMENDMENTS

early opportunity of noticing the changes which it will effect, as well in the Law as the Practice of the Courts.

ANSWERS TO QUERIES.

Law of Property and Conveyancing. APPOINTMENT OF NEW TRUSTEE. P. 240. The requisite party to appoint a new trustee, is he to whom a power to do so is given. In the instance adduced by Adviser," the surviving trustee has a power to appoint one to supply the vacancy occasioned by the death of his co-trustee. A precedent for a deed for cumstances, will be found in Stewart's Practhe appointment of a trustee under such cirtice of Conveyancing, vol. I. p. 432, and in other practical works. W. D.

As to the query, p. 240, "whether the issue of a Scotch marriage can claim in his own right the inheritance of his father," of course the only point necessary to be considered is, whether the marriage would be deemed valid

TO THE LAW AMENDMENT BILL. in this country. For some time it was doubt

This Bill, which has been several times altered in the House of Commons, is now before the House of Lords, and their Lordships have agreed to the amendments made in the Commons, exeept as to a formal

matter.

ed, not whether marriages solemnized in Scotland between natives were valid in this country (2 H. Bl. 145), but whether the marriages of people eloping from this country to Scotland, in order to evade our laws regarding the solemnization, were valid in England. See Lord Stair's Institutes of the Laws of Scotland, p. 26; and Lord Erskine's Principles of the Laws of Scotland, who considers it fraudem The chief point to be noticed is the res-fucere legi. I think that Crompton v. Beertoration of the Mittimus clause (which had croft, Buller's N. P. 113, is the first case where passed the Lords), by which the Courts of a marriage between English subjects eloping Common Law, or any Judge thereof, are was declared to be valid. In Roper's Husempowered, in actions where the debt or band and Wife, p. 336, the point as to the damages to be recovered shall not exceed evasion of our laws is ably refuted: after citing Twenty Pounds, and not involve any diffi- many cases, it states, vol. 2. p. 495, that cult question of law or fact, to direct issues the rule, that a foreign marriage, valid accord"there does not appear to be any exception to to be tried before the sheriff of the county ing to the law of the land where celebrated, is good every where else." I refer “Enquirer" to that work. The marriage is good, and the issue will inherit. T. J. C.

where the action is laid.

The next amendment, for which we have contended, is the period of Limitation of Actions of Debt and Covenant. These are extended from five to ten years from the end of the session, for rent, bonds, and recognizances, or twenty years (instead of ten) after the cause of action.

And in the proviso for cases where there has been an acknowledgment in writing, or part payment, the term is extended from ten to twenty years.

The clause compelling the attendance of witnesses before arbitrators, is limited to two consecutive days.

We presume the Royal Assent will soon be given to this Bill, and we shall take an

Can the amount of a bill of exchange be recovered of the acceptor, the stamp being accepted in blank? Would evidence be received at the trial, of that fact? Or can the plaintiff be called upon to prove the precise allegations of his declaration (as to the drawing and then acceptance of the bill)? A reference to cases is requested. And is there any difference if the bill be in the hands of an innocent party?

MISCELLANEA.

SAXON COUNTY COURTS..

C. N.

I beg to differ from your correspondent W. D. as regards this point. On reading the query and answer with attention, I submit (but not without great doubt when I read the 33d sec. of the 7 & 8 G. 4. c. 29, which enacts, "That if any person shall unlawfully and wilfully kill, wound, or take any house dove or pigeon, under such circumstances as shall not amount to larceny at common law, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds,") that A. may lawfully shoot the pigeons when damaging his flowers and plants, but then is he not subject to the last mentioned penalty of 21. by so doing? The pigeons, too, must be shot when they are in the very act of destroying, and not when It is observed by Mr. Crabb (Hist. Eng. Law, they have taken flight and are in the act of 29), that the Saxon records do not shew any returning. And should A. be so fortunate as to kill any of the pigeons, nevertheless he has such procedure as trial by jury; the decision, no right of property to the same, and conse-however, at least of important points, was not quently, could not convert them to his own left to a single judge. He also observes, that use, as it is admitted on the face of the query, that they are the birds of B.; and by so taking them he would subject himself to an action at the suit of B. Vide also Dewell v. Saunders, Cro. Jac. 491, where Montague held, that a party hath jus proprietatis in pigeons, for they are as domestics, and have animum revertendi, and ought not to be killed; and for the killing of them an action lies. See also Herisley v. Wilkinson, Cro. Car. 387. After perusing rank, there was not that distinction which exthe whole of the before mentioned authorities, isted in after times between the judge and and especially the said recited act, I apprehend the best and most advisable measures to be jury. The Thanes determined the fact, as well adopted by A. would be, to give B. notice of as the law. There was no certain number of his pigeons thus destroying his (4.'s) flowers, them, but all the freemen were required to and in default of notice being thereof taken by B., to proceed for damages, as is customary in attend. Each man pleaded his own cause, or J. J. got some friend or relation to answer for him.

such cases.

the members of the Court being all Thanes, were not called upon to deliver their judgment upon oath, but after the manner of peers in Parliament, upon their honor. The bishop and alderman presided by virtue of their of fice; but the rest of the Court being equal in

288

Miscellanea.-Editor's Letter Box.

If the defendant could not attend, some of the | was heard in the county court. Wherefore

the King sent his seal (or simply his sign, as the court, which was held at Moshlæwa, greetDr. Hicks supposes) by the Abbot Alvere to

Court were sent to him. Writs were rarely used; but the parties were personally summoned by an officer or messenger. It is re-ing all the writen or wise men there assembled, markable, that in all these suits on record, none of lower condition are mentioned than

the Thanes.

The following are instances of suits in these

ancient Local Courts:

Wynfleda and Leofwin. Sigeric and Ordbyrht and commanding them to do right between also sent their testimony, which being read, Wynfleda was desired to set forth her claim This she did, and moreover supported it by the testimony of many other noble men and women. The court gave judgment in her favour, but declined putting Leofwin to the oath, lest, if he were convicted of perjury, he that offence, besides making restitution to the should be compelled to pay the penalty of complainant. Hicks' Diss. Epist. 7.

THE EDITOR'S LETTER BOX.

The Third Part of the Annual Digest for this year, bringing the whole Law down to the present time, will be published on the 17th instant.

Some copies yet remain of the Monthly Record of Jurisprudence, complete in one Volume, and now continued in the Monthly Supplements.

In a county court held at Agelnothestane, at which presided Athelstan the bishop, and Ranigus the alderman, were present, Edwin the son of the alderman; Thurcilus, surnamed Albus; Turfigus, surnamed Comptus; and all the liberi homines of the county. The cause was between Edwin and his mother Enneawne, concerning a parcel of land. When the case was stated, the bishop desired to know whether any one was present to answer for the mother of Edwin; upon which Thurcilus stepped forward, and declared that he would answer when he was informed of the matter of controversy: then three of the thanes, Leofwin, Ægelsigus, and Thirsigus, who were of the same village as that where the mother of Edwin lived, were commissioned by the court to wait upon her, and learn from her own mouth what right she had to the lands that were claimed by her son. Upon their applying to her she declared, with many expressions of anger towards her son, that he had no right whatever to the lands which he claimed, and added that it was her intention to leave at her death all her lands, gold, garments, and whatever she had, to her kinswoman who was sitting by her side, Leofleda, the wife of Thurcilus, and to disinherit her son. At the same time, she begged them The communications of W. D; W. A. H.; to carry back this message to the court, and to" A Subscriber; " C. B.; and N. have been beg all the thanes there present to be witnesses to this her donation. On their return to the court, the thanes communicated the result of their inquiries, when Thurcilus arose, and prayed the court to adjudge these lands to his wife Leofleda, according to the intention of Enneawne the donor. All who were present did as Thureilus desired; upon which he mounted his horse, and, riding to the monastery of St. Æthelbert, he caused the judgment to be enrolled in the Book of the Gospels.Hicks' Diss. 3.

In a suit between Wynfleda and Leofwin, the former appealed to the King Ethelred, and proved by her witnesses, namely, Sigeric the archbishop, Ordbyrht the bishop, Elfric the alderman, and Elfthritha the mother of the King, that Elfric sold to Wynfleda the land at Hacceburn, and that at Bradenfeld, in the district of Decetta. The King then sent them to Leofwin, to declare to him what the archbishop and the other witnesses testified; but he would not give up his claim until the matter

We very cordially thank J. J. for his good offices. With such friends, we cannot but more and more prosper, and are much gratified to learn that the exertions we have made to testify our sense of obligation, are so favorably estimated.

received.

The communications on "Friendly Societies," and "Imprisonment for Debt," shall have early attention.

We are informed that the chief of the English Corporation Commissioners is to receive 3007., and his travelling expenses; and each of the other Commissioners, and the Secretary, 2007., and travelling expences. They are expected to get through their labors, and make a Report, at the close of the present

vacation.

The memoir of the late Professor Park, in the Number of the Gentleman's Magazine for July, has been taken, verbatim, from our pages, except a few lines at the commencement, and an extract from the preface to the Topography of Hampstead. Our respectable contemporary is welcome to avail himself of our labors; but when he favors us by quoting an entire article, we should prefer a more direct acknowledgment than he has been pleased to vouchsafe.

290

The Lords and the Local Courts Bill.

ly, we think, proceed on this principle; he
would hardly be satisfied with its general
appearance; he would, perhaps, enter into
some of its "
practical details;" he would
probably look a little into the " machinery;"
at all events, he would not tolerate the shop-
man who should tell him, that he must not
expect it to be "perfect on its first trial,"
or that "experience would be its best test."
"No," he would say, " if I pay my money
for a watch, I must have one that I am sure
will go; at any rate, the new one must go
as well as the old one." And so we ven-
tured to say as to the Local Courts Bill.

the two discussions of the measure, the author thinking it not worth his while to waste any time in answering the arguments used by Lord Wharncliffe or Lord Wynford. "On the speech of the Noble Chief Baron," says the writer," my attention has been much fixed; and I have been induced to go over it, argument by argument, and point by point, to satisfy my own mind whether what was so eloquent, striking, and plausible, and by the event so effective, had in reality the preponderance of reason on its side." He first, however, enters into a consideration of the plan of a Local Court proposed by the Common Law Commissioners, which he persists in identifying with the Chancellor's Bill. We have, however, already shewn that the two measures are very different (ante, 129, 130), and cannot admit, therefore, that an eulogy of the proposal of the Commissioners and their labours, is the best mode of vindicating the measure which was defeated in the present session. The author, in fact, nearly admits as much in p. 41.

The Trader then states the objects of the Bill, and combats the objections to it. The additional patronage given by it to the Lord Chancellor, he considers, is of no importance whatever." It is not material to grapple with the question, as to whether or not the patronage should be placed in the hands of the Crown or elsewhere." Then as to "the locality of the Judges," there is in fact, he says, nothing in it! "If this objection," he slily remarks, "had been made in the seventeenth century, it might have been en- The pamphlet, then, after giving a short titled to more consideration; but in the pre-summary of the Bill, concludes by a review sent day, it will upon examination appear of the objections of the Lord Chief Baron; to be wholly without foundation," p. 16. but we cannot say that the answers are to "To talk of a local county judge being our minds at all complete. Of this we shall grossly partial with impunity in the nine- give some examples. Let us take the first, teenth century, is next to absolute absurdi- as to "patronage." ty," p. 18,-to which conclusion we see no Lord Lyndhurst's objection, if our trader had proved that in Objections. the nineteenth century all party feeling has entirely subsided; that the human mind is quite incapable of partiality or prejudice; and that all men are actuated by habits, tastes, and inclinations, totally different from those which influenced their ancestors in the seventeenth century. As, however, the Trader has not attempted to prove this, we must still think that the objection of the "locality of the Judges" is unremoved.

With these specimens of the reasoning and style of our friend the Trader, we must close our notice of his production, and offer a few remarks on the other pamphlet to which we have alluded, which bears the alliterative title of "The Lords and the Local Courts Billa.

This production is almost entirely devoted to an attempted refutation of the speeches of Lord Lyndhurst in the House of Lords in

The Bill proceeded on
amost objectionable
principle.

1. It gave unlimited
power to the King, or
rather to the Lord
Chancellor, to create
any number of new
officers that he in his
discretion might think

fit.

Answers.

1. It is admitted by the Lord Chief Baron, and also by Lord Wynford, that the powers could not constitutionally be vested anywhere else. The objection, therefore, strikes at the established form of government, and if worth any thing, is of equal avail against all measures and appointments of the kind. "They cavilled at the Bill for an arrangement which they acknowledged they could not better." p. 19.

But the conclusion that we draw from the objection is, that, granting the patronage cannot be better placed than in the hands of the Lord Chancellor, if it be given at all; a "The Lords and the Local Courts Bill. Observations on Local Jurisdiction, and on yet that its magnitude is in itself an objec the Bill, lately proposed and rejected, for the tion to the measure, and that it can with Establishment of Courts of Local Jurisdic-safety be given to no man in the country. tion." Ridgway. 1833.

In the answer to the fifth objection, the