New Statutes effecting Alterations in the Law. [LEGAL OBSERVER,

Appeals under this Act shall be to the Court of Quarter Sessions held next after the making of the order appealed against; but the appellant shall not be heard in support of the appeal Where proceedings under this Act are to be unless within 14 days after the making of the taken against several persons in respect of one order appealed against he give to the local nuisance caused by the joint act or default of authority notice in writing stating his intention such persons, it shall be lawful for the local to bring such appeal, together with a statement authority to include such persons in one com- in writing of the grounds of appeal, and shall plaint, and for the justices to include such per- within two days of giving such notice enter sons in one suminons, and any order made in into a recognizance before some justice of the such a case may be made upon all or any num-peace, with sufficient securities, conditioned to ber of the persons included in the summons, try such appeal at the said Court, and to and the costs may be distributed as to the abide the order of and pay such costs as shall justices may appear fair and reasonable; s. 33. be awarded by the justices at such Court or

OCT. 27, 1855.J New Statutes.-Review: Oke's Friendly Societies' Manual.

501

Bookkeeping, Rules, Tables of Contributions, Cases, Forms, &c., &c., &c. By GEORGE C. OKE, Author of "The Magisterial Synopsis" and "Formulist," "Law of Turnpike Roads," &c., &c. London: Butterworths. 1855. Pp. 221.

MR. OKE, in the introduction to this work, gives an outline of the Acts repealed and an analysis of the new Act, which came into operation on the 1st August, 1855. It extends to great Britain and Ireland and to the Channel Isles and Isle of Man. The following are the provisions as described by the Author, which differ from the repealed Acts:

any adjournment thereof; and the said Court, upon hearing and finally determining the matter of the appeal, may, according to its discretion, award such costs to the party appealing or appealed against as they shall think proper, and its determination in or concerning the premises shall be conelusive and binding on all persons to all intents or purposes whatsoever: Provided always, that if there be not time to give such notice and enter into such recognizance as aforesaid, then such appeal may be made to, and such notice, statement, and recognizance be given and entered into for, the next sessions at which the appeal can be heard; provided also, that on the hearing of the appeal no. grounds of appeal shall be gone into or entertained other than those set forth in such statement as aforesaid; provided also, that in any case of appeal the Court of Quarter Sessions may, if they think fit, state assured by them are within the prescribed "Places new and old societies, if the sums the facts specially for the determination of her limits, on the same footing as respects their Majesty's Court of Queen's Bench, in which case it shall be lawful to remove the proceed-2-5): engagements, privileges, and exemptions (ss. ings, by writ of certiorari or otherwise, into the said Court of Queen's Bench; s. 40.

Forms to be used as in Schedule; s. 41. The local authority, and any officer or person acting under the authority and in execution or intended execution of this Act, shall be entitled to such protection and privilege in actions and suits, and such exemption from personal liability, as are granted to Local Boards of Health and their officers by the law in force for the time being; s. 42.

Act not to impair jurisdiction of Sewers Commissioners, or Common Law remedies for nuisance, nor jurisdiction of local authority as to the nuisances referred to in this Act; s. 43. Act not to affect navigation of rivers or canals; s. 44.

Abolishes all fees to the registrar on certifying rules, &c. (s. 26):

from 160l. to 2007. (s. 9):
Extends the amount of assurances at death

be made in sickness :
Places no limit on the weekly allowance to

the birth of a child (s. 9):
Allows of a sum being assured to be paid on

death of a child under five years of age to 6l.,
Limits the amount to be assured on the
the cause of death to be certified, as well as
and between five and ten to 107.; and requires
the entry of death from the registrar of deaths,
before payment of the sum assured (s. 10):

minees (ss. 9, 31):
Allows of relief, &c., being assured to no-

by members to defray the expenses of manage-
Requires a separate contribution to be made
ment (s. 25):

emigration societies (s. 9):
Does not allow specifically the formation of

No power given by this Act shall be exercised in such manner as to injuriously affect the supply, quality, or fall of water contained in any reservoir or stream, or any feeders of 13 & 14 Vict. c. 115, between certified and Abolishes the distinction contained in the such reservoir or stream, belonging to or sup-registered societies (s. 26): plying any waterwork established by Act of Parliament, or in cases where any company or individual are entitled for their own benefit to the use of such reservoir or stream, or to the supply of water contained in such feeders, without the consent in writing of the company or corporation in whom such waterworks may be vested, or of the parties so entitled to the use of such reservoirs, streams, and feeders, and also of the owners thereof in cases where the owners and parties so entitled are not the (s. 29):

same person.

NOTICES OF NEW BOOKS.

The Friendly Societies' Manual: comprising the new Consolidation Act, 18 & 19 Vict. c. 63, and other Statutes affecting old and new Societies, as well as Industrial Societies, methodically arranged; with an exemplification of the Official System of

disputes between members and societies to the Transfers the justices' jurisdiction to settle County Court (s. 40):

quired from militia men who are members, and Allows of an extra contribution being reserving out of the kingdom (s. 47):

Circulating false copies of the rules is made an offence punishable on summary conviction

Further facilities are given of investing the funds of friendly societies, and transferring stock, &c. (ss. 32, 33)."

Mr. Oke arranges the contents of the First Part of his Volume under the following heads :-

1. As to societies formed before 1st August, 1855.

2. As to new societies formed under the 18 & 19 Vict. c. 63.

502

Review.-Law of Costs.-Yorkshire Law Society. [LEGAL OBSErvek,

4. Suggestions, model rules, and tables of contributions.

5. Exemplification of the official system of bookkeeping.

3. As to assurance companies formerly | costs of suit. So much of that Statute as gave a defendant double or treble costs is repealed within the Friendly Societies Acts. by the 5 & 6 Vict. c. 97, which gives in lieu thereof a full and reasonable indemnity as to all costs, charges, and expenses incurred in and about the action, suit, or other legal proceeding, to be taxed by the proper officer.' This case, however, is under the 19 Car. 2, c. 7, which gives no power to indemnify for all charges. It may be that this is a casus omis

The Second Part of the Work comprises

Industrial and Provident Societies:

1. For what purposes those societies may be formed.

2. The rules thereof.

3. The statutory provisions applicable to sus. The costs of making a distress are not them.

4. Interest and liabilities of members. 5. Arbitration in case of dispute, &c. Mr. Oke having had much experience in this the practical working of the Statutes on subject, has prepared this manual and added various valuable suggestions for establishing friendly societies. The work is well arranged, and the Act has been very carefully edited.

RECORD.

THE defendants in an action of replevin, in which the avowry was for a rent-charge under a will, obtained a verdict, and their damages were assessed under the 21 Hen. 8, c. 19, s. 3. Upon the taxation the Master allowed them full costs as between attorney and client under the 17 Car. 2, c. 7, s. 3, and also their costs of the distress incurred before plaint and of making up the record. It appeared that the record was made up and the cause taken down for trial by each of the parties to the action.

costs in the suit either in the Superior or In-
ferior Court. Such costs do not appear to be
provided for, and consequently they are not
allowable." The rule was accordingly made
Jamieson
absolute to review the taxation.
v. Trevelyan and wife, 10 Exch. R. 748.

YORKSHIRE LAW SOCIETY.

SPECIAL REPORT OF THE COMMITTEE ON
THE EXCLUSION OF SOLICITORS FROM
THE MAGISTRACY.

10th October, 1855. THE Committee beg to submit, for the consideration of the members of the Society, their Report, made in pursuance of the resolution of the General Meeting, held on the 17th July last, on the subject of the exclusion by the Lord Chancellor of solicitors from the magis tracy in cities and boroughs.

The Rule of Law with respect to the Appointment of Solicitors to the Magistracy of England and Wales, will be found in the Statute 6 & 7 Vict. c. 73. By the 33rd section of this Act it is enacted, That no attorney or solicitor shall be capable to continue or be a jus tice of the peace for any county within that part of Great Britain called England, or the principality of Wales, during such time as he shall continue in the business of an attorney or solicitor. And by the 34th section, it is provided that the prohibition last therein beforecontained, shall not extend to any city or town being a county of itself, or to any city or town having justices of the peace within their respective limits and precincts, by charter, commission, or otherwise; but that in every such city or town attorneys or solicitors may be

On a rule nisi for the reviewal of the taxation, Parke, B., said:-" "I agree that the term 'full costs' merely means the ordinary costs as between party and party. The expression seems to have been introduced into the 17 Car. 2, c. 7, merely for the purpose of excluding the idea that the defendant was only to be en-capable of being justices of the peace. The eligibility, therefore, of attorneys and titled to recover a limited sum for costs, ac-solicitors to be appointed to the magistracy in cording to the provisions of certain Statutes cities and towns, is distinctly recognised by the which were in operation at that time. Legislature, whilst they are excluded from the counties; but your committee have been unable to discover any reason why, if they be qualified in the one case, they should not be in the other.

"As to the costs of the record, I think it is but reasonable, although the plaintiff has taken down a record, that the defendants should be allowed the expense of their record.

The committee have lately directed circulars “Then, as to costs incurred by making the to be addressed to the town clerks of all the distress. Under the 11 Geo. 2, c. 19, s. 22 cities and boroughs in England and Wales, for the purpose of ascertaining the particulars re(the Landlord and Tenant Act), successful de-lating to the mgistracy in those places, which fendants in replevin were entitled to double they were instructed by the resolution of the

Ост. 13, 1855.]

Yorkshire Law Society-Special Report of the Committee.

503

General Meeting to obtain, and they have re-any general or petty sessions' business arising ceived the desired information from the greater within the jurisdiction for which he is appointpart of them, which has been furnished with│ed, and it is well known that many solicitors great readiness and courtesy. They regret, of respectability undertake very little, if any however, that from 35 places they have not business of that description, and would very received replies. readily relinquish it altogether.

In the 148 cities and boroughs from which information has been received, the committee find the following result:

-

The committee, therefore, think that the Profession ought to seek for a legislative enactment, rendering the members of it generally eligible for the office of magistrate, not only in cities and boroughs, but also in

At the time of the passing of the Municipal Corporation Act, 5 & 6 Wm. 4, c. 76, and in the five years immediately preceding, 74 prac- counties,-accompanied by an express prohitising solicitors were mayors, or chief officers of cities or boroughs, all of whom, or very nearly so, were justices of the peace by virtue of their office.

Since the passing of that Act, not less than 277 practising solicitors have filled the office of mayor, and consequently, in pursuance of the 57th section of the Act, have been justices of the peace during the time of their holding such office, and the next succeeding year. Of these gentlemen, 43 have held the appointment twice; 13 three times; 5 four times; 2 five times; and 1 six times.

At the passing of the Municipal Corporation Act, and in the five years immediately preceding, 48 practising solicitors were justices of peace, exclusive of mayors.

the

Since the passing of that Act, 47 practising solicitors have been placed in the commission of the peace, and during the same period, in many places, including York, Lancaster, Hartlepool, Sudbury, Portsmouth, Congleton, Oswestry, Marlborough, and Bodmin, practising solicitors have been recommended by the town councils for the appointment, but have, notwithstanding such recommendation, been excluded by the Lord Chancellor, whilst, in other places, such as Norwich and Lincoln, practising solicitors would have been selected, but the Chancellor's rule to exclude them was known and acted upon.

The committee have every reason to believe that when the requisite information shall be obtained from the remaining cities and boroughs, it will present a proportionate result.

It cannot fail to be observed that the above facts are of a most satisfactory character; they indicate a large amount of respect for, and confidence placed in members of the Profession by their neighbours and fellow citizens to an extent by many wholly unexpected, and to the entire Profession most flattering.

The committee are not aware that out of the great number of solicitors who have been placed in the magistracy, any one has been found unfit, either through improper conduct, or incapacity, for his honourable position.

bition against their acting professionally in general or petty sessions' business in the districts for which they act as magistrates. This course would meet every objection that could be justly made, on public grounds, to the appointment of solicitors, and would make the rule of law, with respect to them, very similar to what is now the case in Scotland.

In Scotland, advocates, writers to the signet, and solicitors in the Supreme Courts (who do not practise before justices of the peace), may be appointed provosts and magistrates, and are frequently so appointed; and as such are justices of the peace by virtue of their offices, they may also be appointed, individually justices of the peace, and are so appointed frequently; the only general disqualification is introduced in the Small Debts Act, 6 Geo. 4, c. 48, s. 27, by which it is declared that no solicitor or procurator in any Inferior Court in Scotland, shall act as justice of the peace in any county in Scotland, during such time as such solicitor or procurator shall practise as such in any Inferior Court. The disqualification extends, therefore, only to practitioners in the inferior Courts.

With respect to Ireland, the Committee find that there is no disqualification of solicitors to act as magistrates in counties similar to that contained in the 6 & 7 Vict. c. 73. In several instances they have been appointed mayors or chief officers of cities and boroughs, and in such capacity have acted as magistrates. It has, however, been the practice to exclude them from commissions of the peace, although there is no legislative sanction whatever for such exclusion.

It is well known that in appointing the magistrates for the cities and boroughs of England and Wales, the Lord Chancellor so far pays a deference to public opinion, as to call upon town councils to recommend the proper parties to be inserted in the commission of the peace, yet in the case of solicitors, he treats such recommendation with disregard; and your committee cannot conclude their report without expressing the belief that this exclusion arises more from a jealousy, on the part of official persons, of the influence of solicitors, than from considerations of the public good, and the same feeling has been evinced in the exclusion of their Profession, from Bankruptcy and Lunacy Commissionerships, County Court It may, however, be conceded that an attor-Judgeships, &c., which offices many of its ney appointed to the office of magistrate, ought members are as competent to fill as the parties not, either directly or indirectly, to practise in who have been appointed.

Under these circumstances, it is difficult to understand what just ground there can be for the rule adopted by the Lord Chancellor to exclude the entire Profession from the office of magistrate in cities and boroughs, for which he certainly has not any legislative sanction.

504

Index to the Public General Acts.-18 & 19 Vict. [LEGAL OBSERVER,

INDEX TO THE
PUBLIC GENERAL ACTS

RELATING TO THE LAW.
18 & 19 VICT.

Actions; to facilitate the Remedies on Bills of Exchange and Promissory Notes by the Prevention of frivolous or fictitious Defences to Actions thereon; cap. 67.

Administration of Oaths Abroad; to enable British Diplomatic and Consular Agents Abroad to administer Oaths and do Notarial Acts; cap. 42.

Affirmations; to allow Affirmations to be made instead of Oaths in certain Cases; cap. 25. Scotland.

Alterations in Pleadings; to continue 13 & 14 Vict., c. 16, for enabling the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading; c. 26.

Beer; to repeal 17 & 18 Vict. c. 79 for further regulating the Sale of Beer and other Liquors on the Lord's Day, and to substitute other provisions in lieu thereof; c. 118. Benefices (Contiguous), to make better Provisions for the Union of; c. 127.

Bills of Exchange; to facilitate the Remedies on, by the Prevention of frivolous or fictitious Defences to Actions thereon; c. 67.

Bills of Lading; to amend the Law relating to; c. 111.

Births; to make further provision for the Registration of; c. 29. Scotland.

Copyhold and Inclosure Commissions; to continue Appointments under the Act for consolidating; c. 52.

Costs, for the Payment of, in Proceedings instituted on behalf of the Crown in Matters relating to the Revenue; c. 90.

County Elections, to amend 2 & 3 Wm. 4, c. 65, so far as relates to the Procedure in; c. 24. Scotland.

Criminal Justice, for diminishing Expenses and Delay in the Administration of, in certain Cases; c. 126.

Crown Debts, for the better Protection of Purchasers against; c. 15.

Crown Suits, for the Payment of Costs in, in Matters relating to the Revenue, and for the Amendment of the Procedure and Practice in Crown Suits in the Court of Exchequer ; c. 90.

Defamation, for abolishing the Jurisdiction of the Ecclesiastical Courts of England and Wales in Suits for; c. 41.

Drainage; to empower the Commissioners of Sewers to expend on House Drainage a certain Sum out of the Moneys borrowed by them on the Security of the Rates; c. 30.

Ecclesiastical Courts, for abolishing the Jurisdiction of, in suits for Defamation; c. 41. Ecclesiastical Jurisdiction, to continue certain temporary Provisions concerning; c. 75. Friendly Societies, to consolidate and amend the Law relating to; c. 63.

Inclosure of Lands; to authorise the Inclosure of certain Lands in pursuance of a Report of the Inclosure Commissioners for Eng

Board of Health; to confirm Provisional Orders of the General Board of Health, apply-land and Wales; cc. 14, 61. ing the Public Health Act (1848); c. 125. Burial of the Dead; to amend the Laws concerning; c 68. Scotland.

Burial of the Dead; further to amend the Laws concerning: c. 128.

Burial of Poor Persons by Guardians and Overseers of the Poor, to amend the Law regarding; c. 79.

Chancery (Court of), to make further Provision for the more speedy Despatch of Business in, and to vest in the Lord Chancellor the Ground and Buildings of the said Court situate in Southampton Buildings, Chancery Lane, with Powers of Leasing and Sale thereof; c.

134.

Charitable Trusts Act, 1853, to amend; c.

124.

Cinque Ports, for the better Administration of Justice in; c. 48.

Coal Mines, to amend the Laws for the Inspection of; c. 108.

Common Law Courts at Westminster, to continue 13 & 14 Vict. c. 16, for enabling the Judges of, to alter the Forms of Pleading; c. 26.

Common Law Procedure Act, 1854, to extend to Ireland the Provisions of the 18th section of; c. 7.

Commons Inclosure; to authorise the Inclosure of certain Lands in pursuance of a Report of the Inclosure Commissioners for England and Wales; c. 14.

Income; for granting to her Majesty an increased Rate of Duty on Profits arising from Property, Professions, Trades, and Offices; c. 20.

Incumbered Estates, to extend the period for applying for a Sale under the Acts for facilitating the Sale and Transfer of; c. 73. Ireland.

Indemnity; annual Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to extend the Time for those purposes respectively; c. 49.

India, to amend certain Acts relating to the Supreme Courts of Judicature in; c. 93.

İnfants enabled, with the Approbation of the Court of Chancery, to make binding Settlements of their Real and Personal Estate, on Marriage; c. 43.

Insurance on Lives; to continue 16 & 17 Vict. c. 91, for extending for a limited time the Provision for Abatement of Income Tax in respect of; c. 35.

Intestacy; to alter in certain respects the Law of Intestate Moveable Succession; c 25. Scotland.

Joint-Stock Companies, for limiting the Liability of Members of certain; c. 133.

Judgments, for the better Protection of Purchasers against; c. 15.

Jurisdiction of the Stannary Court, to amend and extend; c. 32.