entitled to privilege of Parliament) to move upon 1 Where, however, the breach of the injunction has arisen from error or mistake, and is not in swilful defiance of the order of the Court (Marquis of Devonshire v. Lady Sandys, 6 Ves, 107), or if there has been acquiescence on the part of the plaintiff, the Court will not commit for contempt of the Court (Mills v. Cobby, 1 Mer. 3), though, in the first case at any rate, the Court might order the defendant to pay the costs incurred by the breach of the injunction. In the case of peers and members of the House of Commons (Robinson v. Lord Byron, 2 Dick. 703), and of corporations aggregate (Partington v. Booth, 3 Mer. 149), a sequestration will be directed on the breach of an injunction. If an injunction has been improperly obtained, the defendant should move to discharge it for irregularity; in the mean time, however, he should refrain from acting in contravention to it, or he will, as we have before observed, be guilty of a contempt of Court. NE EXEAT REGNO. The writ of ne exeat regno is a high prerogative writ, which, though originally used on state occasions only, has for a considerable time been made use of in private affairs, in order to prevent a party, against whom another has an equitable claim, from going abroad in order to defeat his demands: (Jackson v. Petrie, 10 Ves. 164; Atkinson v. Leonard, 3 Bro. C. C. 218; Prac. Reg. 289.) It will not be issued upon a mere legal demand, as the defendant might be arrested and obliged to give bail, who would be liable unless they surrendered him; and he might be as easily taken by that process as by a ne exeat regno: (Pearce v. Lisle, Ambl. 75.) And a writ of ne Ereat regno will be refused against an attorney upon a legal demand, although, by reason of his privilege from arrest, he could not be held to bail: (Gardner's case, 15 Ves. 444.) The writ of ne exeat regno will, although the demand be not legal, be granted in order to assist a woman to obtain alimony under a decree of an Ecclesiastical Court, as such last-mentioned Court cannot take bail (Shaftoe v. Shaftoe, 7 Ves. 171); but, as the writ of ne creat regno is in the nature of equitable bail, it will, in the case of alimony, be marked only for the arrears actually due, and will not be carried back further, by analogy to the case of a Judge holding to bail for uncertain damages upon a personal tort: (Haffey v. Haffey, 14 Ves. 261.) As before observed, the demand upon which the writ of ne exeat regno will be granted must be equitable (see Beames on Ne Exeat); so it will be granted where Equity has concurrent jurisdiction with Courts of Law, as in matters of account (Russell v. Asby, 5 Ves. 96; Hownden v. Rogers, 1 V. & B. 129); or where it is sought to recover money due on a lost bond (Atkinson v. Leonard, 3 Bro. C. C. 218); so in cases of specific performance a purchaser will be restrained by ne treat regno from going abroad until he has given security for his purchase-money (Boehm v. Wood, T. & R. 332). There have been doubts thrown out by Lord Eldon whether the writ should be granted upon a mere contract, before a decree for specific performance (Raynes v. Wyse, 2 Mer. 472); it seems, however, to be settled, that the writ will not be granted, unless the Court can make it out to be quite clear that there must be a specific performance of the contract (Morris v. M'Neil, 2 Russ. 604); it will make no difference in the case that the vendor has a lien upon the property for his unpaid purchase-money, which The may enforce in a Court of Equity, by obtaining a decree for a sale (Boehm v. Wood, T. & R. 338); and the writ it appears will be granted for the whole amount of the purchase-money, although the defendant may be entitled to some batement: (Ib. 246.) When, however, the security of the plaintiff is loubtful, or he is in a condition to sue at law Jenkins v. Parkinson, 2 M. & K. 5), or the deFendant has been held to bail at law (Rayner v. Wuse, 2 Mer. 472), unless perhaps where it may e found afterwards more convenient to proceed at law, as in matters of account (Amsinck v. | Lastly, in order to obtain a writ of ne REGNO. At one time it seems to have been supposed that the writ could only be granted to persons domiciled within the jurisdiction of the Court; but for a considerable time it has been held that a person domiciled in any part of the British dominions, as in Scotland (Done's case, 1 P. Wms. 263), Ireland (Hudson v. Rogers, 1 V. & B. 129), or in our colonies (Flack v. Holme, 1 J. & W. 418), may, on coming to this country, obtain the writ against a person from whom he demands a debt enforceable only in equity. It will even be granted against the inhabitants of one colony, but for temporary purposes, at the instance of the inhabitants of another colony: (Atkinson v. Leonard, 3 Bro. C. C. 218.) It is, however, doubtful whether it will be granted in the case of two foreigners (Flack v. Holme, 1 J. & W. 415), unless indeed the question in dispute has arisen in this country: (De Carriere v. De Calonne, 4 Ves. 577). It will not be granted where the plaintiff is resident abroad, and comes to this country for mere temporary purposes: (Douglas v. Terry, 2 R. & M. 450.) It seems doubtful whether a writ will be granted against a husband at the instance of his wife (Sedgwick v. Watkins, 3 Bro. C. C. 11; 1 Ves. Jun. 49), except in the instance we have already given, when the wife makes the application in respect of her alimony. The committee of a lunatic may apply for the writ (Stewart v. Graham, 19 Ves. 313); as may also a surety, although he may not have been called upon to pay the debt for which he has rendered himself secondarily liable: (Sealy v. Laird, 3 Swanst. 363.) Although, when it is intended at once to make an application for the writ, it is usually prayed for by the bill, it is not necessary that such prayer should be inserted, as on many occasions the plaintiff may not be aware of the intention, or even of the likelihood of the defendant absconding when he filed his bill: (Sharp v. Taylor, 11 Sim. 50; Collinson's case, 18 Ves. 353.) There must, however, in general be a bill filed whereon to ground the application for the writ: (Ex parte Brunker, 3 P. Wms. 312.) One exception, however, to this rule may be mentioned, in the case where the Court has jurisdiction over its own officers, without a bill being filed; in such cases therefore, as when a solicitor's bill has been overpaid, an application for the writ may be made, although no bill has been filed: (Loyd v. Cardy, Prac. Ch. 171.) Again, a defendant to a suit, without filing a bill, may obtain the writ, where the plaintiff has been ordered to pay him a sum of money: (Whitehouse v. Partridge, 3 Swanst. 365.) It may here be mentioned that under the new MODE OF APPLYING FOR THE WRIT OF NE EXEAT The usual mode of applying for the writ is by can be clearly drawn, that it is the intention of the defendant to go abroad: (Jones v. Alephsin, 16 Ves. 470; Hyde v. Whitfield, 19 Ves. 342.) The affidavit must also state that the debt will be endangered by the defendant's quitting the country; but it is not necessary to state that the defendant's object in leaving the country is to avoid the jurisdiction of the Court: (Stewart v. Graham, 19 Ves. 313; Boehm v. Wood, 1 T. & R. 332.) The form of the writ is as follows: Victoria, &c.-To our sheriff of greeting: Whereas it is represented to us in our Court of Chancery, on the part of A. B., complainant, against C. D., defendant (amongst other things), that he, the said defendant, is greatly indebted to the said complainant, and designs quickly to go into parts beyond the seas (as by oath made in that behalf appears), which tends to the great prejudice and damage of the injustice, we do hereby command you that you do, said complainant, Therefore, in order to prevent this without delay, cause the said C. D. personally to come before you and give sufficient bail or security in the sum of that he, the said C. D., will not go, or attempt to go, into parts beyond the seas, or to Scotland, without leave of our said court; and, in case the said C. D. shall refuse to give such bail or to our next prison, there to be kept in safe custody security, then you are to commit him, the said C. D., until he shall do it of his own accord; and when you shall have taken such security, you are forthwith to make and return a certificate thereof to us in our said Court of Chancery, distinctly and plainly under your seal, together with this writ. Witness ourself at Westminster, the day in the year of our reign. The writ must be marked on the back with the amount for which the defendant is to give security, in words at length (Beams on Ne Exeat, 93), and the full amount will be marked, even although the defendant may be entitled to an abatement (Boehm v. Wood, 1 T. & R. 332); and although too large a sum may be marked, the writ will not be quashed; but the Court will order the security to be given for so much as shall be really due: (Pannell v. Tayler, T. & R. 100.) of THE LEGISLATOR. HOUSE OF LORDS. the House the subject of taxes or fees upon proceed- few words in reply from Lord BROUGHAM, the resolutions were negatived. HOUSE OF COMMONS. REGISTRATION OF BILLS OF SALE BILL. Mr. MULLINGS moved the order of the day for the committee on this Bill. He said the object of it was to protect the fair trader against the fraudulent transference by the debtor, when bankruptcy or insolvency was imminent, of those goods and chattels, upon the and others under a bill of sale. The mode in which strength of which he had obtained credit, to relatives he proposed to effect this object was by compelling persons who took bills of sale to register them within in the same way that creditors were now obliged to twenty-one days after the date of their execution, register judgments on warrants of attorney. Bill had been introduced in the House of Lords at the The instance of a trade protection society in the north of England, and as it at present stood it applied to traders; but his hon. and learned friend the member for Bath had given notice of an amendment to extend its operation to nontraders, with regard to which, however, there might be some difficulty. The objection that such a system of registration as he proposed might interfere with the operations of merchants and others, who might be compelled to raise temporary advances on consignments by means of bills of sale, would be met by some restrictive words he proposed to introduce, though great care must be taken that in doing this the door was not opened to fraud. What he proposed now was to commit the Bill pro forma, for the purpose of inserting certain amendments, and PHINN fully concurred in the principle of the Bill, which he thought would give additional value to all legitimate transactions and discourage fictitious credit; but he trusted the House would extend the application of that principle to nontraders as well as traders. In a great commercial country like this, where the line of demarcation between the trader and the nontrader was exceedingly faint and difficult to draw, it was important that they should not have one code of laws applicable to the one, and another to the other.Mr. G. BUTT thought the proposition of the hon. member for Bath was one that would require much consideration; but admitted, if they applied the principle of the Bill to bills of sale or mortgages on personal property, it would be difficult not to apply to mortgages upon real to take the discussion on a future occasion.- Mr. property.The SOLICITOR-GENERAL remarked that the subject was one that required to be dealt with with considerable care and caution, inasmuch as the mistake of a single word might introduce most injurious impediments in the transaction of commercial operations. It was the principle of our common law that, in the case of personal property, possession and ownership went together; but it was not so with regard to real property. There there was a marked distinction; and it was not clear therefore that, if this change was made with regard to personal property, it should extend also to real property, though he admitted that the mischief might be greater in the case of the nontrader than in that of the trader. He fully approved of the general principle of the Bill, and promised to give his best attention to it.Mr. MALINS also was of opinion that the Bill would be of great value to the commercial world, and thought it should be extended to nontraders. It was equally important to discourage fraud in nontraders as traders. The motion was then agreed to, and the Bill passed through committee pro forma. EMBODIMENT OF THE MILITIA. Lord PALMERSTON brought up a message from the Crown, which was read by the clerk at the table, as follows:-"Victoria Regina.-The operations of the war in which her Majesty is engaged with the Emperor of Russia having rendered it necessary to send a large part of her Majesty's regular forces abroad, her Majesty deems it proper to provide, without delay, additional means for the military service of the country, and therefore, in pursuance of the Act of Parliament enabling her Majesty to call out the militia, her Majesty has thought it right to make the communication to the House of Commons, in order that her Majesty may cause such militia in part therefore to be forthwith drawn out, embodied, and disposed of as occasion may require." TAX ON LIFE ASSURANCE. Mr. COWAN asked the Secretary of the Treasury whether it was his intention to introduce a Bill, founded upon the report of the select committee upon assurance association, and to continue the exemption from income-tax at present enjoyed by parties on the amount of the premiums paid on the insurance of their lives. Mr. WILSON replied that last year a Bill was passed for one year exempting the insurance offices from the income-tax in respect to the amounts paid upon policies of insurance, and he proposed to bring in a measure to make that exemption permanent, in accordance with the report of the committee which sat last year on the subject. MARRIED WOMEN. Mr. MALINS, in moving for leave to introduce a Bill to enable married women to dispose of reversionary and other interests in personal estate, observed that great improvements had taken place in the laws relating to the alienation of property by married women for whereas formerly the processes required for making any such alienation were so expensive as to act almost as a complete bar to it, the commission which had sat in 1828 had recommended the substitution for those processes of a simple deed; and, since 1833, any married woman having an interest in real estate, in possession, reversion, or remainder, could, with the consent of her husband, by going before a judge, a master in Chancery, or a special commissioner, make as complete an alienation of her property as if she were unmarried. It was, however, a singular anomaly in the law that married women were unable to alienate their interest in personal property, although they could do so with regard to real estate. It often happened that a married woman, who would become possessed of property upon some event occurring which had not taken place, such as the death of a parent, was desirous of making it the subject of seme -The ATTORNEY MALINS opposed the BillGENERAL gave his hearty assent to the principle of the first clause.-Upon a division, the amendment was negatived by 166 to 124, and the Bill was read second time. PUBLIC BUSINESS TRANSACTED, Excise Duties BILLS READ A FIRST TIME Friday, May 12. Monday, May 15. Hospitals and Infirmaries, I. Wednesday, May 17. family arrangement, and it was most desirable that she should be allowed to do so. Another object of the Bill was to enable married women, who became entitled to property in possession, by deed, instead of by personal appearance before a judge, to waive their right to equitable settlement.- -Mr. L. KING seconded the motion for the introduction of the Bill, which would annihilate one of the many absurd distinctions existing between personal and real estate. -The SOLICITOR-GENERAL observed that the present state of the law was the result of a decision pronounced about thirty years ago by the Court of Chancery; and the effect of that decision was that, if a married woman became entitled to property in personal estate -50,000l., for instance, in Consols., to be paid upon the occurrence of some future event-nothing could be done by her during coverture, whatever might be the exigencies of the family, which would bind her, supposing the husband died in her lifetime; so that that property in expectancy could not be made the means of raising 207. for the owner. This decision produced a vast amount of inconvenience and mis- Registration of Births, &c., S. chief, and was at variance with the great law principle of analogy and correspondence; for, in the case of a married woman having an interest in real estate, the state of the law was different. He, therefore, thought that the main object of the hon. member's Bill was a very proper one for the consideration of the Legislature. The other object was of a minor character; but the proposed provision would remove a practieal inconvenience and anomaly in the law. In the general principle of the Bill moved for he was ready to express his acquiescence. Leave was then given to bring in the Bill. PREROGATIVE COURT. Mr. HUME rose to move for a select committee to inquire into and report upon the state of the present public registry of the Prerogative | Court, used as a testamentary office, and whether a better office could be established for the keeping and preservation of wills. The hon. member referred to a report just laid on the table of the House, in which it was observed that the circumstance of testamentary deeds of great importance being kept in a great number of different places was most unsatisfactory, and caused necessary searches to be attended with great difficulty and expense. The hon. member proceeded to say that it also appeared, by the evidence of witnesses, that the places where the wills were kept were not fire-proof; and he thought that any person who had visited Doctors'-commons, and seen the room where wills had accumulated for the last 300 years, would admit that it was extremely inconvenient, and unfit for the purpose to which it was applied.- -The SOLICITOR-GENERAL admitted that the subject was one of great interest, and, with regard to the title to property, of paramount importance. It was a branch of a larger subject which for many years had engaged the attention of successive Governments. The hon. member had referred to the great convenience of having the place of deposit for wills connected with another depository of public documents, which was so accurately arranged by the intelligent officer under whose care those documents were now placed. By such a combination a body of statistical information would be collected together, most valuable to lawyers and to all persons interested the committee would be directed to that point.in property. He therefore hoped that the attention of Mr. MALINS thought it desirable that the discussion upon this subject should be postponed until the Testamentary Jurisdiction Bill came before the House. He believed that the present system of keeping wills approached very nearly to perfection. Any will made during the last 200 years was readily accessible on the payment of the small fee of 18.Mr. HUME briefly replied, and the motion was agreed to. REAL ESTATES CHARGES. Mr. L. KING, in moving the second reading of the Real Estates Charges Bill, dwelt upon the hardships which arose out of the present state of the law, whereby, on the transfer of real estate under an intestacy or by will, mortgages were (without express provision to the contrary) paid out of the personalty, which was sometimes thus exhausted; for remedy of which, the Bill proposed that, unless otherwise directed or provided by the testator, the heir or devisee of mortgaged real estate shall not be entitled to have the mortgage-debt paid out of the personal estate. The Bill further provided that, when land was directed by will to be sold for payment of debts or otherwise, the residue shall be treated, not as realty, but as personalty, unless a contrary intention be expressed in the will.-Mr. MULLINGS resisted the further progress of the Bill, and moved to defer the second reading for six months.--Sir J. HANMER likewise opposed the Bill.-The SOLICITOR-GENERAL admitted that there were anomalies and hardships in the present law, arising from the ancient system of feudal tenures, relating to the administration of assets, and he hoped the time would come when the distinetions in regard to responsibility for debts between the two species of property would be abolished. He was by no means di posed to discourage legislation upon that portion of the subject relating to the payment of mortgage-debts; but he could not assent to the second portion, and, in acceding to the principle of the first part, it was on the understanding that the clause required considerable modification-Mr. Thursday, May 18. Reformatory Schools, S. BILLS READ A SECOND TIME. Excise Duties Customs Duties Friday, May 12. Monday, May 15. Wednesday, May 17. BILLS READ A THIRD TIME AND PASSED. Friday, May 12. Manning the Navy Yeovil Improvement York, Newcastle, and Berwick Railway (Pontop, a SESSIONAL PRINTED PAPERS. 120. Courts of Equity-Returns 124. Public Debt-Account 147. Mail Packets-Return 153. Militia-Return 158. Railway Schemes-Return 168. Railway Acts-Return 171. Arctic Expedition-Copies of Instructions 174. National Debt-Account 98. Railways-Return 126. Increase and Diminution (Public Office<)—d> stract of Accounts 148. Loan Societies-Abstract of Accounts 159. Court of Chancery-Return 180. Spirits-Account 176. British Museum-Account and Estimate 145. Medical Practitioners-Return 183. Workhouses, I.-Return 214. Deficiency Bills, &c.-Return 230. Assistant Surgeons (Army)-Return Railways (Means of Communication between Guards 210. Pauper School Districts-Abstract Return Borneo-Papers 217. Aliens-Return THE MAGISTRATE, AND PAROCHIAL AND MUNICIPAL LAWYER. Summary. ANOTHER railway rating case was reported last week; but it does not help much to the determination of that very difficult and doubtful question. Two companies had agreed that, if one: would make a line and work it in connection 231. Brighton Municipal Charter-Captain War- with the other, the latter would pay the former burton's Report 246. Exchequer Bonds-Account 212. Business of the House-Report from the Com mittee 44. Local Acts (No. 51, Londonderry and Coleraine Railway; No. 52, Ennis and Shannon Navi- a sufficient sum to make up a certain dividend, should the profits not be sufficient for the purpose; and accordingly did pay 3705% to make up such deficiency. It was held, that in calculating the rateable value this sum ought not to be taken into consideration, as it was neither rent nor profit, but merely an indemnity for loss: (Newmarket Rail. Co. v. St. Andrew the Less, CumCom-bridge, 23 L. T. Rep. 87.) City of London Commission-Report Argentine Confederation-Treaty for the Free Navi- 10 (1). Drainage of Lands, I.-Index to Lords' dence Medical Graduates (University of London) and 366 private, and divided 257 times, 61 times after Customs Duties Excise Duties Public Libraries Hospitals and Infirmaries, I. Oxford and Cambridge Universities (Corpus Christi Part 1. Prisons, S.-19th Report of the Inspectors, Part 4 44. Local Acts-Reports from the Admiralty Orange River Territory-Further Correspondence 165. Civil Service (Ordnance Department)-Copies of Turnpike Trusts-Fourth Report by the Secretary of State, with Abstract of Accounts 193. Infanticide-Return 195. British Spirits-Account 200. Arctic Expedition-Copy of Instructions. Eastern Papers (Protocol signed at Vienna)-Part 8. 219. Public Buildings (Downing Street)-Return THE WORK OF A SESSION.-Last session the House of Commons sat on 160 days, and the sittings occupied 1193 hours, and, we are sorry to say, 133 of the hours were after midnight. The House received 11,164 petitions, disposed of 200 public Bills, midnight. But, besides this, there were 51 select committees, of 15 members each, and 92 of five members each, not reckoning the 119 committees on unopposed private Bills. Sir J. Pakington, in a report which he lately proposed to the Select Committee on the Business of the House, stated," At the close of the session it was evident to those members who were still in attendance, that at least three-fourths of the House, including a large proportion of its most able men, had retired from their protracted and exhausting duties; that such as remained were impared in health and strength, by their daily and nightly sittings; and that the business of Parliament was no longer conducted with becoming vigilance." It may The provisions of the Lighting and Watching Act, 3 & 4 Will. 4, c. 90, have been held not to have been properly adopted, and all done under it to be void, because the meeting for the adoption. of the Act had been called by the chapelwardens of an ecclesiastical district, and not by the churchwardens of the parish: (Reg. v. Justices of Staffordshire, 23 L. T. Rep. 91.) Reg. v. Whiteman, 23 L. T. Rep. 99, was an indictment for damaging trees and shrubs in a hedge to the amount of 51. A valuer proved that he estimated the damage to the trees at 17.. but that it would be necessary to stub up the old hedge, and that it would cost 5l. 14s. 6d. to replace that. It was held that the indictment could not be sustained. had assaulted a constable, who obtained assistIn Reg. v. Walker, 23 L. T. Rep. 99, prisoner ance, and two hours afterwards, when there was no danger of any renewal of the assault, attempted to apprehend him, and was wounded. Prisoner was indicted and convicted for wounding a constable with intent to prevent his lawful apprehension. But the Crim. App. Court held the conviction to be bad, because the prisoner's apprehension at that time was unlawful. L. T. Rep. 97, the principles that ought to govern Coleridge, J. stated, in Reg. v. Robinson, 23 the admission of prisoners to bail. Courts should' consider, he said, first, the nature of the offencewas it grave or light? Second, what is the amount of probability of conviction? Thirdly, what is the punishment likely to be inflicted? Correspondence. FALSE CHARACTERS TO SERVANTS.-Is not the statute about which you inquire (ante, p 68) the 32 Geo. 3, c. 56? Does not this statute, however, apply to a pretended rather than to a real master giving a false chara ter? In the case referred to by the Daily News the relation of master and servant seems hs ben strained, to meet what the Leeds magistrates: doubtless consi ered a grave offence. M. S. C. FALSE CHARACTER TO DOMESTIC SERVANT.-With reference to your last week's number upon this head, it would appear that the Leeds magistrates gave their decision under the 32 Geo. 3, c. 56. BUSINESS OF THE HOUSE.-The select committee which has been sitting upon the subject of the business of the House of Commons has made a report, suggesting a simplification of some of the forms at present observed with respect to bills, and proposing the abolition of the hebdomadal motion for adjournment to Monday. In the main, however, the committee seems to prefer trusting to the good sense and right feeling of members, and the effect of the evidence given by the Speaker and others, respecting to have real existed; and if so, in my opinion the statute impediments to the dispatch of business. give some idea of the multiplicity of forms observed in the Legislature to mention that there are still fourteen questions necessarily put in the House of Commons upon every public Bill that is passed, exclusive of the proceedings in committee and of amendments. In reference to the practice of raising various subjects ROBINSON AND METCALFE. of debate on going into Committee of Supply, the FALSE CHARACTER TO. DOMESTIC SERVANT.-The Speaker says in his evidence-"I think the practice statute under which Mr. Baker was convicted before certainly has been carried to a very inconvenient the Leeds bench of magistrates was doubtless the extent, especially of late, when members have not 32 Geo. 3, c. 56, s. 1, which enacts, "that if any been contented with merely moving amendments to person shall personate any master, &c., and either the question that the Speaker do leave the chair' on personally, or in writing, give any forged or countergoing into Committee of Supply, but have given pre-feited character to any person offering himself or hervious notice of their intention to call the attention self to be hired as a servant into the service of any of the House' to questions before the Speaker leaves person, he shall forfeit 201. ;" and sections 2 and 3 imthe chair, which has caused very great delay and pose a similar penalty for making any false statement inconvenience. Many topics may thus be debated by as to the time of such servaut entering or leaving the the House at the very same time, without its being service of himself or any other person, or stating able to give an opinion upon them. Some of those falsely that such servant had not previously been in subjects may refer to the conduct of the Government, service. Although I assume the conviction to have and require a member of the Government to take part been under this statute, I do not see that the case, as in the debate; but, as no member of the Government reported, comes under any of these sections; to come can speak more than once upon the same question, under the first, he must have personated some former and as all these subjects are brought forward upon master and given a false character. The two last one question, it frequently happens that the House is only provide for false statements as to the time of obliged to listen to ex parte statements which cannot entering or leaving the service, or stating falsely that be answered." such servant had not been previously in service; he could not have been properly convicted under the first, because he was, in fact, hier master, and does not appear to have personated any one else. The other two clauses do not provide for giving a false character. DEVON. [We have received many other similar answers, which it is unnecessary to insert.-Ed. L. T.] FIRST INSTANCE OF BRIBERY AMONGST MEMBERS OF PARLIAMENT.-The following extraet from Parry's "Parliaments and Councils of England," deserves, think, a corner in Notes and Queries, especially at the present day:-"1571. A. R. 13, May 10.-Thomas Long, a very simple man and unfit' to serve, is ques tioned how he came to be elected. He confesses that he gave the mayor of Westbury and another four pounds for his place in Parliament. They are ordered to repay this sum, to appear to answer such things as should be objected against them in that house, and a MR. SAMUEL WARREN, Q.C, AND THE HOME SECRETARY.-With reference to the cruel and unjust censure passed on the estimable Recorder of Hull, I 222. Railway and Canal Bills-6th Report from Com-fine of twenty pounds is to be assessed on the corpo-beg to call the attention of your readers to the follow EXPENDITURE OF THE POOR RATE. { (From the Economist.) £ made for the maintenance and repair of the fabric of oothe church, and the services and furniture of the A very interesting return has been laid before the the church. The rates for the maintenance and repair House of Commons, at the instance of Mr. Moffat, of of the fabric are to be made and determined upon by the manner in which the poor-rate is expended, dis- the majority of the ratepayers in vestry assembled tributed under different heads, giving under each the but if they refuse to make a sufficient rate, the Court sum and its proportion in the pound to the total of Q. B. is to issue a mandamus to levy such rate as poor-rates expended. For the year ending March 25, that the rates for the services and furniture of the the archdeacon shall deem sufficient. It is proposed 1852, the returns are for England and Wales as follows:church be made and determined upon by the majority Proportion of the ratepayers in vestry assembled, not being disof to Hofa Arte (Sum. ". d. senters; by which term is to be understood only such Salaries of poor law officers (in- say as have signed a declaration before two justices in cluding cost of rations) 553,978. 17 petty sessions, to be attested on oath or affirmation by Maintenance of lunatic paupers the officiating minister of some place of worship regisin asylums 10248,551. 08 tered according to law, or by two members of his Vaccination fees ... dating out to be 25,895 Expenses on account of the Re-congregation, stating that such persons are members of the congregation; and all persons signing such gistration Act-viz., fees to the declarations shall, until they retract them by notice clergymen and registrars'outlay pel de ton kans to the churchwardens, be exempt from rates for the for register offices, books, and usb services and furniture of the church. But the Bill is forms 58,959. 02 not to deprive any person of the benefit of the minisExpenses under the Parochial trations or offices of the church to which by law or custom he is now entitled. Assessment Act, for surveys, opph valuations, &c. Expenses in respect of parlia- Emigration expenses Extra medical relief and fees All other expenses immediately connected with relief of the poor Cost of proceedings at law or in equity Expenses of constables, and the cost of proceedings before justices ... Payments for or towards the county, hundred, or borough rate, or police rate Expenses for repairs of parish property Expenses under the Nuisances 1 12,497... 0 0 ... 0 1 80,531 485,656 62,831 60,330 1,345,256 8,442... MILITIA. A return to the House of Lords shows the strength of the militia regiments and the expenditure incurred for this force during the years 1852 and 1853, The number of volunteers enrolled in 1852 was 42,304, and the number in 1853, 23,976, after allowing for casualties by death, discharge, &c. The total strength of the militia, therefore, on the 1st Jan. 1854, was 66,280. The number absent from the second training was 4736. The full complement of each regiment would give a total force of 80,000, of which it appears there were, on the 1st Jan. last, 13,720 short. The 02 actual expenditure for the militia in 1852-3 was 311,366., including 247,2321. for the effective services, and 64,137%. for the non-effective staff, pensioners, &c. 0 2 In 1853-4 the expenditure for the effective services was 279,018/.; for the non-effective, &c. to 24th March 1854, 34,010., and for the pensioners, to Feb. 28, 1854, 28,000.; total, 341,6287. 3 113 Removal and Diseases Preven tion Act, and also under the regulations of the General Boards agine ou 90 of Health 1,908 Expenses for all other purposes... 315,703 ... 0 114 From these returns it appears that the salaries of officers, exclusive of fees of all kinds, and expenses of valuations, &c., which amount to nearly 100,000l., is 563,978., or 1s. 73d. in the pound of the total expenditure. Another item of great importance worthy of the public attention, is the large sum still paid for out-door relief, 2,809,6097., being almost four times as much as is paid for the in-door maintenance of paupers, 763,399., exclusive of the cost of lunatic paupers in asylums, 248,5517. Such a large sum expended on out-door relief certainly proves that the provisions of the New Poor Law are not carried into effect with severity. The presumption, indeed, is that the workhouse test has fallen partially into disuse, and that bad habits are encouraged by a too great facility of obtaining relief out of the workhouse. In Ireland the workhouse test is more strictly applied, and the expenditure for out-door relief there is almost nothing to be compared to the expenditure under the same head in England. Probably a little more rigidity in England on this point would do no injury to the deserving poor, and it might save the public money. Another point worthy of notice in reference to Mr. Baines's Removal Bill, is the cost of legal proceedings, &c., 62,8311., and the expense of constables, proceedings before magistrates, &c., 60,330%-together 123,1617., the bulk of which is now expended on the removal of paupers. Part of the borough or policerate probably is expended from the same cause; and the whole cost fully justifies, on pecuniary grounds alone, his attempt to improve the law. THE NEW MILITIA ACT.-Yesterday the new Militia Act, which received the royal assent on Friday, was printed. By virtue of this Act, which is now in operation, the militia may be embodied whenever a state of war exists; and her Majesty since the Act was passed has sent a message to Parliament, on which steps have been taken to embody the force. It is provided that the time of training may be extended after a corps of militia is called out. The time of drill is not to be reckoned. Further, it is provided that notice of the time and place of meeting is to be sent by the commanding officer, by post, to the residence of the men as stated in their attestations, and to be deemed sufficient notice. INDUSTRIAL AND PROVIDENT SOCIETIES BILL. The object of the Bill with this title, introduced into the House of Commons by Lord Goderich, is to facilitate legal proceedings in matters concerning such societies. There are provisions for enabling a society to carry on suits in the name of one of its officers, to be appointed for the purpose, and also for the appointment of an officer to be sued. Judgments against the officer, sued as such, are to have the same effect as if obtained against the trustees of the society. CHURCH RATES BILL.-Mr. Packe's Bill, now before the House of Commons, proposes to provide that, in future, separate and distinct church-rates shall be having no right to the support of: B. wall (Nicholls Gayford 28 L T Rep 96 quod vod In Vincent V. Godsonlay LT. Rep. 83, it was held, that an an agreement for a lease, possession, and an admission by an agent that rent is qu do not constitute such a relationship of landcialty-debt.W lord and tenant as to make the rent due a spe 76w odi_to_789d lliw yedi bil ¿uraged difsiri Jroma19voð Jærð afta Queries on Points of Practices PROFESSIONAL ETIQUETTE “RIGHT TO PREPARE DERDE MA dies indebted to his housekeeper in the sum of 250; at theat time of his death he held a mortgage of freehold premises for securing a like sum of 2501 with interest It has bee that she shall take a transfer of the mortgage in discharge agreed between the executors of A and the housekeeper her debt, the executors agreefing to pay all the costs on best sides. The solicitor of the executors claims to be entitled to prepare the deed; but the solicitor of the housekeeper ahe claims the right to prepare the same, alleging that it is in effect a purchase. The question is who, In according to the etiquette of the Profession, is entitled to prepare the deed of dsidw bo boban 29 GAnswers to Queries. D LA【 PROPERTY OF MARRIED WOMEN A's share, though front OF your statement her interest in it, both present and fature, appears to be only equitable, is such an estate in land s she cannot effectually charge, unless by deed duly acknowl ledged under the Fines and Recoveries Act HE In answer to “J. E.'s" query (ante, p. 63), I beg to stafa that my opinion is, that, if the estate is not yet sold, A. share is clearly an interest in land," and the deed d require acknowledgment. In confirmations of this view In would refer J.E." to Briggs. Chamberlain, 2YL. T.Rep 218, wyma er boppar food and edw totisilea $.04 Limmw noitau od, to bar & + THE NEW INCLOSURE ACup The New Inclosed Act, which received the royal assent on the 12th inst., has been issued. The following places are to be forthwith inclosed:Hearas Wood Common, in Surrey; Lampsterpont-Stephen in Cardigan; Iping 3 in Sussex Cardigan, in Cardigan Barlby in York; 1 Church Brough Intake, in Westmoreland; Cardridge in Southampton; Porlock, in Somerset; Bursledon, in Southampton the ton; in Somerset; and Tinhead, in Wilts. noz quvviermi bas des199m 5rora to vol SOLICITORS' JOURNAL INFORMATION UNDER THE NEW STAMP ACT. At the City Police Court, an information was laid at the instance of Mr. Robert Rutteridge, an officer of the inland revenue, against William Samuel Trevitt, for not giving a stamp receipt for more than 24, was heard. Mr. Withington, solicitor, appeared for the Board of Inland Revenue, and stated that this was an information laid under the 16th Vict. for having given an unstamped receipt for more than 21, by which the defendant rendered himself liable to a penalty of 10l. Mr. Thomas Roberts proved the case, stating that he paid the defendant more than 27., being a quarter's rent, and received a receipt without a stamp. Mr. Trevitt admitted the fact, and said it was done in the hurry of business. Mr. Maune said it seemed that there was a new state of things since the old law, which everybody thought it right to break; but the new one every person must keep. There was a law on the statute-book which was habitually broken, because it was an old law; but now the Legislature had imposed that which was no burden on anybody, but was of serious consequence to the state; and everybody must turn over a new leaf, and make it a matter of conscience to keep the law. The court had no discretion in the matter; but they had the power to mitigate the penalty to 51. and costs, and nothing less than that. Addressing the defendant, the worthy COMMON Law. It has been formally decided, magistrate said, "Perhaps you will have this satisfac-in Fagg v. Nudd, 23 L. T. Rep. 91, that it is not will be carried out." Mr. Withington, "I am afraid, tion, of being the example to show others that the law sir, that there will shortly be another example before your worships: and I may inform you that it is the intention of the Government to proceed in every THE Court of Appeal has confirmed the decision of the M. R. already reported and noticed, and in Robinson v. Lowater, 23 L. T. Rep. 85, has held, that where there is a general charge for payment of debts the purchaser is not bound to see to the application of the purchase-money; and that the specific mention of a mortgage-debt did not take the case out of the general rule. A testator died domiciled in Ireland, but having legal assets both there and in England, and owing debts in both countries, and the executors proved the will in both. One of the executors collected debts in Ireland, and transmitted the amount to Engand. An Irish judgment-creditor was held to be entitled to be paid in priority out of the Irish assets in this country: (Cooke v. Gregson, 23 L. T. Rep. 86.) B. contracted for the erection of a warehouse on his land. In excavating the foundation they disturbed and threw down C.'s yard-wall, and injured the walls of his house which adjoined B.'s premises. C.'s house not being an ancient one, B. was held not to be liable for the damage, C. sit Summary; 190078 of i V. C. WOOD has expressed himself very strongly against the practice of excepting to answers in a suit for insufficiency as to doguments "The practice," he said, of issuing a summons for the production of documents, founded on the 18th sect., renders it quite needless to resort to the practice of exception as a general rule, I have hitherto discountenanced, and shall, so far as I am concerned, continue to disequntenance as much as I possibly can, such a practice, while the easy and simple practice of a summons con tinues, under which a production and examina tion can be had at chambers" (Perry v. Turn, v 23 L. T. Rep. 87.) 1995 Where money was paid into court in lieu of bail, and defendant afterwards put in and perfected spe cial bail, and applied to the court to receive the money out of court; it appeared that pleas had been traversed, that there was a demurrer, that' issue had been joined on the pleas, but not on the demurrer; it was held to be an application "during the progress of the cause before issue sect. 3: (Alcenes joined" within the meaning of s v. Mygren, 23 L. T. Rep. 97.)* Correspondence. JUSTICE TO SOLICITORS.I suppose it is of little use to urge common sense and common honesty on men in power and possessing influence; or the shameful breach of faith which the Government-not this or that in particular, but for the time being during the last ten years has sanctioned towards the At torneys, would have been set right before this. I allude to taking 1207. for articles, about 25% for ad mission, and 127. yearly from them, independent of general taxes, on the ground that their profits would pay for it, and then breaking the contract-one, I contend, as binding in morality as that made with the fundholder-by refusing compensation; to which the attorneys, who paid their money to support the state, are much more entitled than those who have received it to atcidiculous extent, on the ground that a anxious that his statements in the House should Lord Brougham the hands of a bona fide owner for value without In Gurney v. Behrend, 23 L. T. Rep. 89, the Court thus described the peculiarities of a Bill of Lading to gifs die in connar ads thno one property. The rights of real estates, entails, and equit- And again: A bill of lading is not, like a bill of exchange orat promissory note, a negotiable instrument which passesu by mere delivery to a bona fide transferee for valuableog THE INSOLVENCY mm world is deeply in- who make the transfer. Although the shipper mayo ITS LAW.-To Henry consideration, without regard to the title of the parties? debted for the new Bankruptcy Consolidation Act, for have indorsed in blank a bill of lading deliverable to the County Courts Act, and for the revision of the his assigns, his right is not affected by the appropria-2 Chancery and Common Law Courts, to each of which tion of it without his authority. If it be stolen from I have given my aid; and to him I appeal for a revision him or transferred without his authority, a subsequent of appeal therefrom direct to the Lords Justices in it against the shipper of the goods. The bill of lading. of the Insolvent Courts Act, for the establishing a right bona fide transferee for value cannot make title under Equity, and that such right of appeal shall accrue from only represents the goods; and in this instance the the day on which the Insolvent Court shall, from any transfer of the symbol does not operate more than a cause, have acquired primary power over person and transfer of what is represented. able liens, the awful sacrifices thereof, as well as the personal injuries which result from measures through this court, must be too palpable to need particular references. By any fraud or error a man may be incardays, his estate may be vested in the Insolvent Court cerated in prison; and, after lying there twenty-one a court of single judicature, and without appeal asty, his energies and future products, the gifts of which binds the person and the profriends and those to his wife, for life, &c. The very principle is to make men and their friends fraudulent, , even from the chief judge &c. I challenge refutation, G. T. WHITINGTON, Legal and Commercial Statist, &c. 2, New Broad-street, London. once is disposed to second you here more A CASE of great interest, and involving some curious points on attorneys, he been reported pro and admission of The clerk, whose father was articled to another attorney attorney, was Some time after, it was agreed that he should be the same city. usigned to his father, but, some difference arising between them as to return of preminm, the assignment was not executed, and the father died before it could be completed. In the mean while, however, the son had left the solicitor to whom he was articled and gone into his father's office, so that there was no cessation of service in fact! The question now arose, upon the application of the son to be admitted, if this was good service of articles under the statute; and Coleridge, J. held it to be so, though, as he said, with very great hesitation; but his decision will admitted to be in strict accordance with the ustice of the case. (Ex parte Brutton, 23 L. T. Rep: 987) Fjeld J & S J[79 CorrespondenceIPD COUNTY COURT FEES, As Lord Brougham ppears to attach so much importance to the difference the amount of the costs payable in the Superior Courts and those in the Co. Courts, and has taken so any opportunities in the House of Lords of contrasting he two-always arriving at a result most decidedly in vour of the former: perhaps the following fact will how how far the conclusion at which his Lordship variably arrives is correct: In a recent case in the Court of Ex a defendant allowed judgment to go by efault, on being sued for 31. 8s. 6d. An execution aving been entered upon his premises, he had to pay e following costs, in addition to the debt:£ s. d. 3 2 0 Costs of judgment and fi. fa. Warrant on fi. fa. Entering warrant Poundage Costs of levyt and possession The costs of recovering and enforcing payment of Entering plaint possession 0 068 £1 1 0 eing less than one-sixth of the amount paid in the uperior Courts. I conclude that Lord Brougham is B. AGREED to enter into the service of C. for the from the business during the continuation of the agreement. The revenue having fallen short of this Another action on a contract was Herring v. A case in the Law of Bills should be noted in Byles. It was held, in Barker v. Sterne, 23 L. T. Rep. 95, that in an action by indorsees against acceptor of a bill drawn abroad, filled up in England, and which appeared upon the face of it to be a foreign bill, the bill is admissible in evidence without a stamp, although it was actually filled up in London, but contrary to the direction and intention of the drawer, and the bill being in the Ever since the r great case of Lickbarrow v. Mason, the law has been considered to be that the bond fide transferee for consignee, and pat into circulation by the authority of the shipper or consignee, has an shipper or his cons of a bill of lading indorsed by the absolute title to the goods, free from the equitable against the purchaser; and we believe it to be of right of the unpaid vendor to stop in transitu as essential importance to commerce that this law should be upheld. Another case in the same important branch of A the law is Sweeting v. Darthez, 23 L. T. Rep. 93, on the construction of a charter-party, by which it was agreed that the ship should sail and proceed, not later than 30th Nov., direct to Per nambuco, and there load a cargo from the factors of defendants; being so loaded, it should proceed to Valparaiso, a legal port between Valparaiso and Guayaquil, and Guayaquil, all or any, and there discharge the cargo laden at Perambuco, and at the latter port also discharge any goods taken on board at Valparaiso for that purpose; and at any or all of the said ports should take on board a full cargo, which the freighters bound themselves to ship; and, being so loaded, to proceed therewith to a port in the United Kingdom, and deliver the same, on being paid freight at the rate of 51. 5s. per ton, to be in full for the voyage, the cargo from Pernambuco being freight-free, as well as the goods shipped for Valparaiso, if REPORT OF THE BANKRUPTCY WE are indebted to the Morning Chronicle for the The inquiry, it appears, was divided into the seven following heads:-1. The diminution of the fees and funds applicable to the expenses of the Court of Bankruptcy; 2. These funds appearing insufficient, whether the deficiency is likely to be permanent; 3. Having regard to the business of the courts, whether any or what reductions can be safely and properly made in their establishments, or whether other measures can be adopted for meeting their expenses; 4. Whether a more efficient check can be adopted on the accounts of official assignees, and for the prevention of the misapplication of the funds coming into their hands; 5. Whether the adoption of class certificates has or has not been productive of benefit; 6. Whether any alteration in the present enactment would be desirable; and 7. Whether the bankruptcy law, as it now exists under the Act of 1849, requires amendment. The following is an abstract of the report:DIMINUTION OF THE COURT FEES.-The present constitution of the court dates from 1842, when the district courts were instituted, and in every year except three the revenue of the court has fallen short of its expenditure. These three years were before the Act of 1849. Before that year the total surplus was 43,3061. 9s. 3d., and the total deficit, 32,0207. 19s. 1d., leaving a total net surplus of 11,2851. 10s. 2d. Since the Act of 1849 there has every year been a deficit amounting in the aggregate to 51,7067. 2s. 5d.; and, |