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the mode of ascertaining, such rentcharge (ss. 7, 9); and makes it an indefeasible and prior charge on the land (ss. 10, 11). The last provision (s. 12) should be noticed particularly, as it protects town and village greens from nuisances such as arise from any sort of wilful damage, such as destroying fences or permitting animals to graze without lawful authority, or from the deposit of manure, rubbish, &c., by empowering two justices, on the information of the churchwarden or overseer of the parish, or the lord of the manor, to convict the offender summarily in a penalty of forty shillings. It confiscates the rubbish, &c., so deposited to the use of the parish and the repair of the highways and green, and renders the person who deposited it liable to repay to the churchwarden or overseer the expense of removing the rubbish, &c., provided it be not of sufficient value to defray the expense of removal (s. 12).

CAP. XXXV. LONDON BURIALS. This act amends the 15 & 16 Vic. c. 85 (being "An Act to amend the laws concerning the burial of the dead in the metropolis ") so far as relates to the City of London and the liberties thereof. By the 15 and 16 Vic. c. 85, power was given to the Common Council to direct the London Commissioners of Sewers to exercise, in reference to the parishes in the city of London, the powers and authorities given to the respective burial boards of the different metropolitan parishes. It was found impracticable to obtain the consent of all the parishes to the exercise of those powers given by the act which were dependent on the consents of the vestries. The new act makes the consent or approval of the major part in number of the vestries of the London parishes sufficient to enable the Commissioners of Sewers (i.e. the London Burial Board) to exercise all the powers of the 15 & 16 Vic. c. 85, in those cases in which any vestry consent is required. There are some other provisions regulating the fees payable to incumbents.

CAP. XXXIX.-COLONIAL ATTORNEYS RELIEF ACT.-This, which is an act to regulate the admission of attorneys and solicitors of colonial courts in the English superior courts, is one peculiarly interesting to the profession. It recites that in certain of the colonies and dependencies, including certain parts of the territories of the East India Company, the system of jurisprudence pursued is founded on or assimilated to the common law and principles of equity as administered in England; and English attorneys and solicitors are admitted as attorneys and solicitors there, on production of their certificates of admission in the English courts, without any colonial service or examination. The object of the act under discussion is, to a certain extent, to give reciprocal facilities to colonial attorneys and solicitors desirous

of being admitted to practise in this country. With this object, the Act provides

1. That all British subjects, duly admitted and inrolled as solicitors in the superior courts of law and equity in such colonies or dependencies as above mentioned, and where full service under articles to an attorney-at-law for five years at the least, and an examination as to fitness are required (except in the case of duly-admitted and inrolled English practitioners seeking to practise in the colonial courts) previous to admission-may be, under certain conditions to be presently specified, admitted and inrolled in all or any of the English courts.

2. The first of these conditions is, that the applicant must pass an examination in this country to test his fitness and capacity; and produce thereat a certificate from the presiding judge of the superior court of common law in the colony in question, to the effect that such applicant is duly inrolled as an attorneyat-law and solicitor therein, and entitled to practise as such; and, further, that no charge or accusation has been established or is pending against him in his professional character, or otherwise affecting his fair fame and repute; and also stating the amount of the stamps (if any) paid by such applicant on his articles of clerkship and on his certificate of admission in the colony.

3. The applicant must also make affidavit that he is resident within the jurisdiction of the superior courts of law and equity in England; and has ceased, for a twelvemonth at the least, to practise as attorney or solicitor in any colonial court of law.

We may here mention that the Incorporated Law Society offered some opposition to the measure, and we believe they obtained the insertion of some of the more restrictive provisions. With reference to the important colony of Canada (every day becoming more valuable to this country, because making wonderful strides in material prosperity), the following statement, furnished by a Canadian lawyer, respecting the admission of English barristers and attorneys to practise in the courts of law and equity of Canada, will be useful:

A barrister or advocate from either England, Ireland, or Scotland, is admitted to the Upper Canada bar on giving a term's notice to the Law Society, producing to the benchers satisfactory evidence of his call to the bar at home, certificate of character from a judge of a superior court, and the payment of fees, amounting to about £26 sterling; and as the characters of barrister and attorney may be united, he may also be admitted to practise as an attorney and solicitor after service for a year under articles with some practising attorney in the colony, and undergoing an examination as to qualification. English, Irish, and Scotch attorneys and solicitors may


also practise after a similar examination and service of a year, but they cannot be admitted to the bar until they have passed a preliminary examination in classics and mathematics, been five years (or with a degree three years) on the books of the Law Society, and passed a final examination on legal subjects when the term of studentship has expired. Until this year, service under articles in the colony for three years was necessary before an old-country attorney could be admitted to practise; but a law, passed during the recent session of the Canadian Parliament, not only reduced this period to one year, but also conferred the same privilege on British and Irish barristers; and, as a measure of equal, if not greater, liberality for the admission of colonial attorneys to practise in the courts in this country, has gone through the House of Commons, and passed to its third reading in the Lords, I trust that the time is not far distant when the benchers of the various inns of court will extend the same liberality to the colonial bar-a liberality which I know would be highly appreciated in the Canadian part of our colonial empire, although it would probably be seldom taken advantage of, and for which there is already a precedent in the case of the present Attorney-General of the Isle of Man.

CAP. XLVIII. THE INDUSTRIAL SCHOOLS ACT. -This is one of the many statutes which have been recently passed with a view to the mitigation of the various evils arising out of juvenile vagrancy, &c. There are several provisions in the Act, but it will be sufficient to notice the principal enactments only. It is entitled "An Act to make better provision for the care and education of vagrant, destitute, and disorderly children, and for the extension of industrial schools." It empowers the Committee of Privy Council on Education to certify the creation of industrial schools where children may be fed as well as taught (s. 3), and directs that the committee may withdraw their certificate on the recommendation of an inspector, who is to report to them, at least once a year, on the condition and regulation of the school (s. 4). Under the statute every child, e. according to the interpretation clause (s. 2), every boy or girl who in the opinion of the justices is above the age of seven and under fourteen, who is taken into custody on a charge of vagrancy under any local or general act, may, on satisfactory proof of the charge having been given before two or more justices, and if the parent, or in case of an orphan if the guardian or nearest adult relative, cannot at once be found, be committed for not more than one week to any industrial school the managers of which are willing to receive the child. Due notice is then to be given to the parent, guardian, or nearest adult relative of the child, if any can be found, of the circumstances of

the custody, and that the matter will be investigated at a time to be specified in the notice, and which must clearly be within the week which forms the legal limit of the first committal (s. 5). On this subsequent investigation the justices may order the child, if convicted of the original charge, either fo be delivered up to the custody of the nearest relative or friend above mentioned, on the latter entering into a recognisance for the good behaviour of the child for any period not exceeding twelve months ; and in default of such an assurance may commit the child for such a period as they may think necessary for his education and training to any certified industrial school the managers of which are willing to receive him. But in such a case the committal must be made in preference to any school where the religious education is the same as that of the apparent persuasion of the child's parent (s. 6). If a child who has been released on recognisance be convicted of vagrancy again during its term, the surety may be fined forty shillings if the vagrancy be traceable to the neglect of the latter, but not otherwise (s. 7).

CAP. XXXVIII. BOARD OF HEALTH.-This is an act to continue the General Board of Health. By the 17 & 18 Vic. c. 95, s. 3, it was provided that there should be paid to the President of the Board such salary, not exceeding £2,000 a year, as should be from time to time appointed by the Treasury, but that the other members should be unpaid; and that the president should be capable of being elected and of sitting and voting as a member of the House of Commons. The new act, without noticing this provision, enacts, that if the person appointed president shall, at the time of his appointment, hold any office of profit under the Crown, he shall not receive any salary in respect of the office of president; and if, at the time of his appointment, he shall be a member of the House of Commons, he shall not, by reason of such appointment, vacate his seat. The last clause of this section of the act under discussion has been, it is apprehended, introduced with reference ɔ the 6 Ann. c. 7, s. 26, by which any member a cepting an office of profit from the Crown (new commissions in the army or navy alone excepted), vacates his seat.

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the Roman Catholic persuasion, and which were under the superintendence or control of persons of that persuasion: and whereas by 'The Charitable Trusts Amendment Act, 1855,' such charities or institutions as aforesaid were exempted in like manner from the operation of the said Amendment Act, and the exemption so extended was continued until the first day of September, 1856, and has since been extended to the first day of September, 1857: and whereas it. is expedient that such exemption should be continued as hereinafter mentioned: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Sec. 1. Exemption continued until 1st September, 1858. That the said acts shall not, until the 1st September, 1858, extend or be in any manner applied to the charities or institutions aforesaid.

CAP. LXXXII. MILITIA.-This is an act for the embodiment of the militia, and was occasioned by the sudden demand for the service in India of a large body of the regular troops. Its provisions are as follow:

Sec. 1. Power to her Majesty, &c., to cause the militia to be drawn out and embodied.-It shall be lawful for her Majesty and for the Lord Lieutenant or other chief governor or governors of Ireland respectively, at any time after the passing of this act, and before the 25th March, 1858, to cause all or any part of the respective militias in England, Scotland, and Ireland to be drawn out and embodied in like manner as in the respective cases in which such militias are now by law authorised to be drawn out and embodied.

Sec. 2. Provisions of acts relating to the militia extended to this act.-All the provisions of the acts relating to such respective militias and of all other acts now in force applicable for and in the case of the drawing out and embodying of such militias in the cases in which the same may now by law be drawn out and embodied, and to such respective militias when so embodied, shall be applicable for and in the case of the drawing out and embodying of such respective militias under the authority of this act, and to such militias when so embodied; and all militiamen ordered to be drawn out and embodied under this act shall be subject to the same obligations of service in all respects as if they had been ordered to be drawn out and embodied in a case now provided for by law.

Sec. 3. Provisions requiring the meeting of Parliament within fourteen days not to apply.-So much of the acts relating to such militias as requires that a proclamation shall be issued for the meeting of Par

liament (if the militia be drawn out and embodied when Parliament shall be separated by an adjournment or prorogation which will not expire within fourteen days) shall not be applicable in the case of the militia or any part thereof being drawn out and embodied under the authority of this act.

Sec. 4. Pay of militia drawn out to commence from the time appointed for their assembling.—The pay of the officers and men of the militia who may be drawn out under this act shall commence from the time appointed for their assembling or joining their respective regiments, battalions, or corps, and not from the date of the order or warrant for drawing out such militia, subject nevertheless to the provisions for postponing the commencement of such pay in the case of any person in such militia who may not join his regiment, battalion, or corps on the day appointed for the purpose.

Sec. 5. Section 4 of 17 & 18 Vic. c. 13 (concerning service of notices), to apply to this act.-Section 4 of the act of the session holden in the 17th & 18th years of her Majesty, chapter 13, shall extend to any case of drawing out and embodying the militia in England, or any part of such militia, under the authority of this act.

CAP. LXXXIII. SALE OF OBSCENE BOOKS, PICTURES, &c. This is an act popularly called the "Holywell-street Nuisance Abolition Act," the object being to suppress the trade in obscene books, pictures, prints, &c., for which that locality has obtained an unenvious distinction. The main section is the first, authorising the search of suspected premises; the other sections provide for tender of amends, limitations of actions and appeals. The act does not extend to Scotland. The following is the enactment in sec. 1:-"It shall be lawful for any metropolitan police magistrate or other stipendiary. magistrate, or for any two justices of the peace, upon complaint made before him or them upon oath that the complainant has reason to believe, and does believe, that any obscene books, papers, writings, prints, pictures, drawings or other representations are kept in any house, shop, room or other place within the limits of the jurisdiction of any such magistrate or justices, for the purpose of sale or distribution, exhibition for purposes of gain, lending upon hire, or being otherwise published for purposes of gain, which complainant shall also state upon oath that one or more articles of the like character have been sold, distributed, exhibited, lent, or otherwise published as aforesaid, at or in connection with such place, so as to satisfy such magistrate or justices that the belief of the said complainant is well founded, and upon such magistrate cr justices being also satisfied that any of such rticles so kept for any of the purposes aforesaid are

of such a character and description that the publication of them would be a misdemeanor, and proper to be prosecuted as such, to give authority by special warrant to any constable or police officer into such house, shop, room, or other place, with such assistance as may be necessary, to enter in the daytime, and, if necessary, to use force, by breaking open doors or otherwise, and to search for and seize all such books, papers, writings, prints, pictures, drawings, or other representations as aforesaid found in such house, shop, room, or other place, and to carry all the articles so seized before the magistrate or justices issuing the said warrant, or some other magistrate or justices exercising the same jurisdiction; and such magistrate or justices shall thereupon issue a summons calling upon the occupier of the house or other place which may have been so entered by virtue of the said warrant to appear within seven days before such police stipendiary magistrate or any two justices in petty sessions for the district, to show cause why the articles so seized should not be destroyed; and if such occupier or some other person claiming to be the owner of the said articles shall not appear within the time aforesaid, or shall appear, and such magistrate or justices shall be satisfied that such articles or any of them are of the character stated in the warrant, and that such or any of them have been kept for any of the purposes aforesaid, it shall be lawful for the said magistrate or justices, and he or they are hereby required, to order the articles so seized, except such of them as he or they may consider necessary to be preserved as evidence in some further proceeding, to be destroyed at the expiration of the time hereinafter allowed for lodging an appeal, unless notice of appeal as hereinafter mentioned be given, and such articles shall be in the meantime impounded; and if such magistrate or justices shall be satisfied that the articles seized are not of the character stated in the warrant, or have not been kept for any of the purposes aforesaid, he or they shall forthwith direct them to be restored to the occupier of the house or other place in which they were seized."



Delays in the Chancery Offices-Administration of Oaths by London Commissioners-Sheriffs' Fees— Remuneration of Solicitors in Chancery-Agency for Irish Business-Hong Kong Law as to Solicitors' Costs.

It is pretty well known that solicitors are just now in a rather feverish state regarding their position and prospects, and this is not very astonishing when it is

considered how much business, and the profits of it, have declined, whilst a constant accession of new practitioners is taking place. There can be no doubt that it is most desirable to expedite business, and to remove all impediments, particularly such as affect the profession personally. Therefore it is that we are pleased to find that the Incorporated Law Society are alive to the importance of these matters; and we find, from their last report, that they do not despair of eventual success.

Delays in the Chancery offices.-Notwithstanding the large diminution which has been effected in the expense and delay of Chancery proceedings by the recent statutes and orders of court, there are still several complaints of delay in conducting the business at some of the offices of the court. Although causes are heard, motions made, and decrees and orders pronounced, with as much expedition as can be desired on the part of the suitors, consistently with a due and proper attention to their interests, it is the subject of very general complaint that such decrees and orders are not promptly issued and carried into effect. The truth is, that there are numerous delays at the four principal offices where the details of the business of the court have to be investigated and completed-namely, at the Chief Clerk's Offices, the Registrar's Office, the Taxing Master's Offices, and the Accountant-General's Office; and without imputing blame to any of the present officers, the council are of opinion that the evils complained of require to be redressed, and they have now under their consideration suggestions for expediting the dispatch of business in the several offices above mentioned.

Administration of oaths by London Commissioners.According to the present practice, commissions for taking affidavits in the several superior courts of common law are issued to every attorney residing at the distance of ten miles or upwards from London ; but such commissions do not authorise the administration of an oath within ten miles of London. The consequence of this restriction is, that any deponent residing ten miles or more from London can make an affidavit in any action or other proceeding before the nearest attorney who has obtained a commission, at any hour most convenient to all parties; but if the deponent reside in London, or within ten miles, he must either travel beyond ten miles from London to a commissioner, or must attend the court, or at the judge's chambers, within certain limited hours. It has therefore been submitted to the Chief Justices and the Chief Baron that the public convenience and the saving of expense to the suitor in common law proceedings would be consulted by granting commissions to a sufficient number of attorneys carrying on business in different parts of London to the

distance of ten miles therefrom. The council have not yet received a reply to their application.

Sheriffs' fees.-A memorial from several undersheriffs, setting forth the alterations which had taken place since their fees were regulated in the year 1837, having been presented to the judges, the subject has been taken into consideration by the council; and the masters of the common law courts have been attended; and considering the circumstances urged by the under-sheriffs, the council are of opinion that there should be a complete revision of the whole of the sheriffs' fees; and the scale, when satisfactorily arranged between the practitioners on the part of the suitors and the undersheriffs and their officers, might be submitted to the masters for the purpose of obtaining the sanction of the judges.

RENEWALS OF ATTORNEYS' CERTIFICATES. Re-examinations ordered-Suspended, &c., Attorneys re-admitted-Renewals without usual Notices, Partnerships in prospect-Practising without Certificates, - fine as well as Arrears—Barristers, formerly Attorneys, re-admitted.

The following may be useful to some of our readers, as it relates to the re-admission of attorneys and the renewal of their certificates under circumstances which are of general application. The applications for renewal of certificates have been numerous in each term. The affidavits in support thereof have been considered, and in several instances, where the parties had ceased to practise for several years, an examination has been suggested to the judges, prior to the renewal of their certificates, and orders have almost always been accordingly made for that purpose.

In one of the cases, an attorney who had been suspended from practice for two years, at the instance of the Incorporated Law Society, was allowed to renew his certificate on the production of satisfactory testimonials of subsequent good conduct. In another, where the attorney had been struck off the roll for an alleged improper interference in a criminal prosecution, but had for several years subsequently established an unexceptionable character, and was offered a partnership in a respectable firm of solicitors, the Council felt justified in merely seeing that the facts were brought before the court, and making no opposition to the application for readmission.

Applications have also been considered for the renewal of certificates without the usual notice, upon the parties entering into partnership or other urgent occasions, and these cases have been strictly investigated, and testimonials required of the respectability of the applicants.

In other instances, where the applicants had practised extensively for several years in defiance of the stamp laws, it was considered that the renewal of the certificates should be opposed, and that it was not sufficient to pay the arrears without a substantial fine, and this has accordingly been done.

In one of this class of cases, the facts relating to which were communicated by one of the Provincial Law Societies, an uncertificated attorney had practised in the name of another attorney who had left the country. By the 22nd section of the 6 & 7 Vic. c. 73, attorneys are prohibited from permitting their names to be used upon the account or for the profit of an unqualified person. The agreement between the persons complained of showed that the uncertificated attorney was really participating in the profits of the business conducted in the other's name. the absence, however, of any proof of malpractice in the name of the attorney in question, the judge granted an order upon payment of the arrears of duty,


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The two most important statutes of the last session are undoubtedly those relating to probates and administrations, and divorces; and as they provide for the erection of new tribunals, they will necessarily exert a lasting influence, which will compel legal practitioners at least to make themselves acquainted with the objects of their jurisdiction, and the course of practice pursued therein. It was easy to foresee that the opportunity afforded by the passing of these acts would be taken advantage of by many would-be authors; and already some have produced their offspring, the result of more or less protracted sittings; whilst others are yet busy in the process of incubation, and will doubtless furnish the legal public with a fitting pabulum; in some instances, it is to be feared, over-doing the thing, proceeding ab ovo usque ad malum. Our present purpose,

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