The Lords and the Local Courts Bill.-Practical Points. author is either insincere, or unacquainted with the usual parliamentary compliments. Objections. 5. He gave credit to the present Lord Chancellor for the most disinterested intentions, but their lordships were not to legislate for individuals. Answers. 5. By confession no individual, but the Now, it is obvious that the Lord Chief Baron could not say, not knowing how the appointments would be filled up, that the Chancellor would make an ill use of the patronage; but it is rather hard to twist the usual common-place phraseology of the House of Lords into an admission that the Objections. Small debts. So far from not giving his willing consent to an alteration in the law for the recovery of small debts, no person was more anxious to do so. He had assisted a Right Hon. Friend in the other House, and would co-operate with the Lord Chancellor. Answers. The arguments of the Chief Baron are no better against this 291 Is there, however, we would ask, no dif. ference between a simple plan for facilitating the recovery of small debts, and the establishment of Courts which were intended to try almost every kind of action within a certain amount? The appointment of thirty persons, at a salary of 8001. a-year, for one particular duty, by the respective Lord Lieutenants of the county, could be open to none of the great objections to the Chancellor's Bill; and we think this too obvious to require further observation. The author then ends with some of the usual abuse of the House of Lords, for the and we can only say that, as we wish them exercise of their judgment in this matter; them to read the present pamphlet. to retain their late opinion, we recommend PRACTICAL POINTS DISTRESS. Bill than against a THE rule laid down by Mr. Selwyn, as to dis- U 2 292 Practical Points, No. L.-Review: Gunning on the Law of Tolls. appear goods on the premises. At the trial it Storks, serjt., moved for a new trial, on the ground that, under these circumstances, the learned Judge who presided should have directed a verdict for the plaintiff. As an impleraent of trade, the machine was privileged from distress while in actual use, and if so, must be deemed also privileged for a reasonable time eundo et redeundo, otherwise the privilege would be nugatory. Monday might reasonably be allowed for returning after work completed on Saturday. In Gorton v. Falkner, 4 T. R. 565, it was held that implements of trade might be distrained for rent, if they were not in actual use at the time, and if there were no other sufficient distress on the premises. REVIEW. A Practical Treatise on the Law of Tolls, and therein of Tolls thorough and traverse; Fair and Market Tolls; Canal, Ferry, Port, and Harbour Tolls, &c. By Frederic Gunning, of Lincoln's Inn, Esq. Barrister at Law. Saunders and Benning. 1833. THIS treatise is the first attempt, we believe, except by the Digests, to collect and arrange the cases and statutes on the subject to which it relates, and it fills one of the few remaining niches left vacant by other authors. It could hardly demand, in its composition, any remarkable powers of arrangement or industry; but it is carefully written, and the decisions on the subject are accurately stated, and frequently distinguished with much ability. We have not been able to find any part of it adapted for extraction, and shall therefore content ourselves with giving a summary of its con tents. Chapter the First: Introductory Observations. Chapter the Second: Chapter the Third: Of Toll traverse. Of Toll thorough. Chapter the Fourth: ket Tolls. Of Fair and Mar Of Canal Tolls. Of Chapter the Fifth Chapter the Sixth: Of Turnpike Tolls. of Tolls to the Relief of the Poor. Chapter the Seventh: Of the Rateability Tindal, C. J.-The plaintiff seeks to set aside this verdict, on the ground that the threshing machine was an implement of trade, in use, and as such, privileged from distress. There are several distinct grounds on which certain things are privileged from distress; some absolutely, as materials deposited to be worked up; others, conditionally, that is, if a sufficient distress cannot be had without them. Again, implements of trade are, in some instances, privileged, if they be in use, and if no other distress can be found on the premises. In this Ferries and Ferry Tolls. Of Port and Harcase neither of those conditions has been ful-bour Dues. Of Wharfage, Cranage, and filled. In the first place, the machine was not the like. Of Dock Dues. in use, the whole purpose for which it had been hired having been completed on Saturday, and the distress having been made on Monday; and it is unnecessary to enter into the question whether or not it would have been privileged in the course of removal; for here, in the absence of any evidence of other goods being on the premises, the second condition entirely fails. The case of Wood v. Clarke, 1 C. & J. 484, is conclusive on both points. There it was held, that materials delivered by a manufacturer to a weaver, to be by him manufactured at his own home, were privileged from distress for rent due from the weaver to his landlord; but that a frame or other machinery, delivered by the manufacturer to the weaver, together with the materials, for the purpose of being used in the weaver's house in the manufacture of such materials, was not privileged, unless there were other goods upon the premises sufficient to satisfy the rent due. Park, J.-Gorton v. Falkner is a decisive authority against the plaintiff, for it shews that implements of trade can only be distrained if not in use, and there be no other distress. The rest of the Court concurred in refusing the rule. Fenton v. Logan, 9 Bing. 676; 3 Moo. & S. 82, Chapter the Eighth: Of the Remedy for Tolls by Distress. Of the Remedy for Tolls by Action. Of Evidence in Actions relating to Tolls. NEW BILLS IN PARLIAMENT. 1 FORGED STAMPS. A Bill "for preventing the selling and uttering of Forged Stamps on Vellum, Parchment, and Paper," was brought in on the 8th instant, read a second time on the 12th, and committed. It contains, amongst others, a clause which appears to be exceedingly objectionable. We shall state the substance of it, and add such New Bills in Parliament: Forged Stamps. remarks as appear necessary. The clause we allude to is the 17th; but it will be first necessary to state the 16th, with which it is connected. 293 We have received numerous objections to these and other clauses, shewing the mischiefs which will practically arise if they remain in their present state. We select the following observations, which, we trust, will receive due Sec. 16. It shall be lawful for the Commissioners of Stamps to discontinue the use of the dies heretofore provided, or hereafter to be pro- | consideration. vided, denoting any stamp duty which is now or hereafter shall be payable for any matter or thing whatsoever, and to cause any new die or dies to be made, with such altered device or devices as the Commissioners shall think fit. The Commissioners may also appropriate a particular die or dies for marking the stamp duty on any particular description of deed or instrument which the Commissioners may deem expedient, provided such die shall by some word or words denote the description of deed or instrument to which the same shall be so appropriated. If a deed be prepared a few months previous to the alteration of the dies, and not executed or signed until after the dies are so altered, the deed will become invalid, and re quire either a re-engrossment, at considerable expense, or the payment of penalties to obtain the new stamps, in which there will be considerable delay and inconvenience, besides loss. Indeed in many instances, particularly in sending deeds to India for execution, it will be impossible to comply with the provisions of the Bill. If the 17th section be retained, it will become necessary continually to consult the London Gazetteb, in order to conduct this important part of legal business with safety. If the stamp dies are to be appropriated by name to each particular instrument, the dispatch of business will be extremely interrupted, if not in many instances altogether stopped c; for the variety of stamps is too great to permit a suf17. Whenever the Commissioners determine ficient number of each to be kept by the dealto discontinue the use of any die or dies, and | ers, and the discount of 30s. per cent., will not shall provide any new die or dies to be used afford a remuneration for embarking a large in lieu, and shall provide any such appropriated die or dies as aforesaid, and shall give public capital. notice thereof by advertisement in the London and Edinburgh Gazettes, then from such time as shall be fixed by such advertisement, not being within one calendar month next after the same shall be published, the new or appropri- | ated die or dies shall be the only true and lawful die or dies for denoting the duty charged or chargeable in any case to which such die or dies is or are appropriated. And all deeds or instruments for the marking or stamping of which any such new or particular die or dies shall have been provided, and which, after the days so fixed and appointed as aforesaid, shall be engrossed, written or printed upon vellum, &c. stamped with any other die or dies than the new or particular or appropriated die or dies, and also all deeds and instruments as This clause will also repeal a most importaforesaid, which, having been engrossed, &c. on vellum, &c. stamped as last aforesaid, shall ant and useful provision of former acts, which not have been executed by any party thereto authorize the use of any stamp upon an instrubefore or upon the day so fixed, shall be respectively deemed to be ingrossed, &c. on vellum, | ment, provided the stamp used amount to or &c. not duly stamped; although the stamp im- exceed the stamp required by law, and which, pressed on such deed may be of the amount under the almost endless intricacies and diffirequired by law, or of any greater amount; and every person who shall make, write, sign, | culties of the existing acts, has very often afgive, or utter any deed or instrument, ingrossed, forded security when it was difficult to decide &c. on vellum, &c. stamped with any such improper die or dies as aforesaid, shall incur and as to the actual duties which a deed might resuffer such penalty as he would have been liable quire. Indeed, the Solicitor of Stamps must to in case such deed had not been stamped a; recollect, that in doubtful eases he has recomand in any proceeding for the recovery of such penalty, it shall be sufficient to allege that the mended higher duties to be used upon partivellum, &c. on which such deed is ingrossed, cular instruments than, perhaps, they strictly &c. is not duly stamped or marked according required, in order that the parties might be to law. b There ought to be notice given in the public newspapers, as well as the Gazette, for the latter is rarely examined. a What this penalty is, does not appear by the Bill, and we are not aware that by the ex isting law there is any other than the very sufficient one, if the deed be improperly stamped, that it is useless. We understand, however, that this part of the clause will not be press-been given up. c The appropriation of a particular stamp for each kind of instrument, we are informed, has 294 New Bills in Parliament: Forged Stamps.-Chancery Offices. safe; but should this Bill pass into a law, where will be the safety for parties? and who is to be the arbitrator between the government and the public? cease and determine from and after the twentieth day of August, One thousand eight hundred and thirty-three: Provided nevertheless, That the said act should not be construed to determine any of the said offices holden in thereto on or before the first day of June then possession or reversion by any person appointed last, until the decease or resignation of such person: And that the persons holding the said offices, except the Clerk of the Patents, were appointed to such offices prior to the said first day of June, one thousand eight hundred and thirty-two: In the case of a conveyance, containing a covenant to surrender copyholds, and an assignment of terms, or a mortgage, or covenant to produce deeds, and special deeds of settlement, how is it to be determined what die or dies such complicated deeds are to have impressed?-Should they have all, or which, or how And that it is necessary that competent permany of such dies? and if one die should hap-sons shall be appointed for the discharge of all pen to be correct, and another not, how far or some of the duties of the said offices when and as such offices shall become vacant; and it is desirable that the persons to be appointed to discharge the duties of such offices shall be paid by fixed salaries for such their trouble: 1. Be it therefore enacted, That the Lord Chancellor, or other the person entrusted with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, shall at all times have a Secretary, to be called the "Secretary of Lunatics;" and that from and after the will such deed be valid ? It is unnecessary to advert to all the cases of mischief which in all probability will arise in the vast multitude of conveyancing transactions; but sufficient has been urged to shew how materially the Bill concerns the public in regard to the validity of deeds and instruments, and the interests of the profession, on account of the fearful responsibilities which will be in-death, resignation or removal of Henry John curred. We trust the framers of the Bill will either strike out, or so modify the clauses, as to remove the objections which we have stated. Since writing the above, we have received several observations on other parts of the Bill; and considering its importance, the novelty of its provisions, and its introduction at the close of the Session, we submit that it ought not to be pressed further at present. A BILL TO PROVIDE FOR THE PERFORMANCE OFFICES CONNECTED WITH THE COURT OF CHANCERY, AND TO MAKE PROVISION FOR RETIREMENT FROM OFFICE. RECITING by an act passed in the second and third years of the reign of his present Majesty, intituled, "An Act to abolish certain Sinecure Offices connected with the Court of Chancery, and to make provision for the Lord High Chancellor on his Retirement from Office," it is provided that the following, amongst other offices (videlicet) the office of Keeper or Clerk of his Majesty's Hanaper, the Clerk of the Crown in Chancery, the Clerk of the Patents, the Clerk of the Custodies of Lunatics and Idiots, the Chaff Wax, the Sealer, the Clerk of the Presentations, and the Clerk of Dispensations and Faculties, shall utterly Sheppard, Esquire, who now holds the office of Clerk of the Custodies of Idiots and Lunatics, all and every the duties which now belong to the said office of Clerk of the Custodies of Idiots and Lunatics, and his deputy, shall be performed by the said Secretary of Lunatics, in addition to such other duties as such Secretary of Lunatics shall be required to perform by the person or persons by whom he shall be appointed; and the acts of the said Secretary of Lunatics done by virtue of this act shall in all respects have the same force and effect as if the same had been performed by the said Clerk of the Custodies or his depu ty; provided that it shall be lawful for the person or persons intrusted as aforesaid to make such rules and regulations in regard to the duties of such Secretary, including such duties as he shall perform by virtue of this act, and to alter or vary the same as he or they shall think fit. 2. That the said Lord Chancellor have an Officer to be called "The Purse Bearer' to the Lord Chancellor; and a Secretary, to be called "the Secretary of Presentations;" and that from and after the time and times when and as the offices before mentioned, of Chaff Wax and Sealer, and each of them, shall respectively become vacant by the death or resignation of the present respective holders thereof, the duties of such several offices shall be performed by the said Purse Bearer for the time being; and that when and as the offices of Clerk of the Presentations, and of Clerk of Dispensations and Faculties, and each of them shall respectively become vacant by the death or resignation of the present respective holders thereof, the du ties of such several offices shall be performed by the Secretary of Presentations for the time being; and that all acts to be done by the said New Bills in Parliament: Chancery Offices.-Imprisonment for Debt. Purse Bearer shall be as good and valid as if the same had been done by the said officers called Chaff Wax and Sealer; and that all acts to be done by the said Secretary of Presentations shall be as good and valid as if the same had been done by the Clerk of the Presentations, and the Clerk of Dispensations and Faculties. 295. commencing in the first instance from the date of such appointments respectively, and shall be paid by the said officers respectively into the receipt of his Majesty's Exchequer, and be carried to and made part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and the account of the party so paying such fees shall be verified by his oath, which oath any one of the Masters in Ordinary of the High Court of Chancery is hereby required and authorized to administer. 7. And reciting, that the office of Clerk of Inrolments in Bankruptcy is by the said recited 3. And that his Majesty, his heirs and successors, from time to time under their royal sign manual to nominate and appoint fit persons to fill the said several other before-mentioned offices of Keeper or Clerk of his Ma. jesty's Hanaper, Clerk of the Crown in Chan-act also directed to cease as therein specified, cery, and Clerk of the Patents, as vacancies may from time to time occur therein; and that such persons so to be nominated and appointed shall hold their respective offices during good behaviour, notwithstanding the demise of his Majesty or any of his heirs or successors, any thing in the said recited act to the contrary notwithstanding. 4. That from and after the said twentieth day of August, One thousand eight hundred and thirty-three; as to the said office of Clerk of the Letters Patent, and from and after the death or resignation respectively of the several holders of the said other offices, there shall be paid to the Keeper or Clerk of his Majesty's Hanaper, the yearly salary of pounds; to the Clerk of the Crown in Chancery the yearly salary of pounds; to the Clerk of the Patents the yearly salary of pounds; to the Purse Bearer, for the duties of Chaff Wax and Sealer, the yearly salary of pounds; and to the Secretary of Presenta pounds. but power to re-appoint to the said office is given by the act next herein mentioned; Be it enacted, That the said office shall and may continue and be in force, and that fit and proper persons may be from time to time appointed to the same, with all the powers, authorities and duties, fees, rights and privileges given to or imposed upon the said office by an act passed in the second and third years of the reign of his present Majesty, intituled, “An act to amend the Laws relating to Bankrupts," any thing in the said first-recited act to the contrary thereof notwithstanding. IMPRISONMENT FOR DEBT. To the Editor of the Legal Observer. Sir, tations, for the duties of Clerk of the Presentations, and Clerk of Dispensations and Facul-Ir has long been a grand desideratum among all ties, the yearly salary of honorable professional men, to protect their 5. That all fees heretofore paid to the Clerk clients from fraud, by enforcing the summary of the Patents, in respect of the patents for payment of their debts without incurring heavy inventions, except the accustomed fees payable useless expenses for incarcerating the debtor. to the deputy of the said Clerk of the Patents If, therefore, your correspondent "Ambulator" in respect of such last-mentioned patents, shall will enter upon a practical discussion of the from and after the said twentieth day of Au-question, How the creditor may make the gust, one thousand eight hundred and thirty-debtor's goods available, and prevent the be three, cease to be payable altogether. 6. That it shall and may be lawful for the several persons from time to time holding the said before-mentioned offices, of Keeper or Clerk of his Majesty's Hanaper, Clerk of the Crown in Chancery, Clerk of the Patents, by virtue of this act, and for the several persons who shall hereafter perform the duties of the Clerk of the Custodies of Lunatics and Idiots, Chaff Wax, Sealer, Clerk of the Presentations, and Clerk of Dispensations and Faculties, and each and every of them, and their clerks or agents, to have, receive and take all and every the fees and emoluments which have been accustomed to be paid and which are of right to be paid and payable and received by them respectively by virtue of their said several offices or appointments, other than and except such fees as are abolished by this act, or as may be abolished by any order of the said Lord Chancellor, &c. hereby authorized to make; and that such fees and emoluments shall be accounted for once in every three months, nefit of a white-washing to fraudulent debtors, by making imprisonment for debt a punitive correction in such cases, I will add my mite to his. For I have long been convinced that the present system is a choice collection of evils; and the fair discussion of the subject may suggest hints to the Solicitor General, and relieve him from his present embarrassment. The discussion, I think, should be confined to simple contract debts, to the payment of which there is no reasonable dispute or objection. In disputed claims, as well as all other actions, the Judges have full power to do justice to the parties, either by the present law, or by such rules as they may devise. I should think your correspondent will best conduct the discussion by distinguishing between imprisonment for debt on mesne process, and on writs of execution. A.B. |