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Savings Banks and Friendly Societies Investments Bill.

253

to provide for the discharge of the legal claims | Comptroller-General of the Exchequer or the of all savings banks and friendly societies.

3. The interest payable to the Commissioners for the Reduction of the National Debt on the State Deposit Account, No. 1, shall be at the rate of 31. per cent., payable in four quarterly payments, and such interest shall be payable out of the growing produce of the Consolidated Fund; and the first payment shall be made on the 20th May, 1855.

Commissioners for the Reduction of the National Debt, as the case may be, as may be necessary for reducing the amount of such State Deposit Account, or for the cancelling of such securities, and such State Deposit Account shall be reduced or such securities cancelled as shall be so directed, and the Commissioners for the Reduction of the National Debt shall thenceforth be relieved from all account in re4. The Commissioners for the Reduction of spect of such securities so cancelled: Provided the National Debt, after reserving thereout that the State Deposit Amount shall not therefrom time to time such sums as they shall by be reduced to an amount less than twojudge necessary to meet the demands on ac-thirds of the liabilities. count of savings' banks and friendly societies, 8. The Commissioners of her Majesty's shall, under such regulations as the said Com- Treasury at any time during any year ending missioners shall direct, invest the interest on the 20th November, on application from payable to them on account of the State Deposit Account, and the dividends and interest on all Government securities held by them for savings' banks and friendly so cieties, and all moneys remitted to them on account of savings' banks and friendly societies, in the purchase of Government securities of whatsoever kind issued, or which may hereafter be issued, under the authority of any Act or Acts of Parliament: Provided always, that the said Commissioners may, if they shall deem it expedient so to do, sell any part of the Government securities held by them under the authority of this Act, and from time to time, as they shall see cause, apply the whole or any part of the moneys arising from such sales either to satisfy the demands of savings banks and friendly societies, or in the purchase of other Government securities as aforesaid: Provided always, that if the said Commissioners shall at any time purchase any Exchequer bills issued under the authority of the Act 57 Geo. 3, c., or of any Act passed or hereafter to be passed for authorising the issue of moneys out of the Consolidated Fund to meet the grants in supply, it shall not be lawful for the Commissioners of her Majesty's Treasury to authorise the creation of any capital stock of annuities on the cancelling of such Exchequer bills, but such Exchequer bills shall be held by the Commissioners for the Reduction of the National Debt to redemption in the manner directed by the Acts under the authority of which such Exchequer bills shall have been issued: Provided also, that all remittances from savings' banks and friendly societies shall be made under such Regulations as the said Commissioners shall order.

5. Accounts to be made up annually to 20th November.

6. Deficiency to be made good.

7. If it shall appear by the balance sheet that the assets of the Commissioners are more than sufficient to meet the liabilities, an equivalent amount of the State Deposit Account, No. 1, or of such of the securities held by the Commissioners as the Commissioners of her Majesty's Treasury shall deem expedient and proper, shall be cancelled, and the Commissioners of her Majesty's Treasury shall thereupon, issue such orders and directions to the

the Commissioners for the Reduction of the National Debt, under the hand of the Comptroller-General acting under them, stating and certifying what sum of money may be required for satisfying any demands which shall from time to time be made upon the Commissioners for the Reduction of the National Debt, on account of savings' banks or friendly societies, may, in case they shall think fit and proper so to do, by warrant under their hands, order and direct the Comptroller-General of the Exchequer to issue out of the growing produce of the Consolidated Fund, or, if they think fit, to prepare and deliver to the said Commissioners in the manner enacted in section 6, of this Act, such an amount of exchequer bills or exchequer bonds as they shall think proper, not exceeding in the whole such sum or sums of money as shall from time to time be certified in any such application from the said Commissioners, and the amount so ordered to be paid over to the said Commissioners shall be written off from the State Deposit Account for savings' banks and friendly societies.

9. Treasury to regulate mode of keeping accounts in the bank.

10. Bank of England may advance on credit of exchequer bills, &c.

11. Accounts to be laid before Parliament.

Schedule A.

Schedule of the several Government Securities
and Funds held on 20th November, 1854,
by the Commissioners for the Reduction of
the National Debt as Securities to meet the
Claims of Savings' Banks and Friendly So-
cieties.

Consolidated 3 per Centum
Annuities:-
For Savings' Banks.
For Friendly Societies

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£

s. d.

9,866,884 7 1

218,950 0 0

£10,085,834 7 1

3,249,074 6 3

306,600 0 0

£3,555,674 6 3

254

New

Savings' Banks, &c. Bill.-Enforcing English Judgment in France.

per Centum An

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£

s. d. sisted by Ploeque, attorney, for Abrahams; Quétand, counsel, assisted by Lacroix, attorfor Harris; the conjoint conclusions of M. 0 Marie, substitute for the Attorney-General; and after having deliberated conformably to 5 law, judging in first resort:

ney 17,938,710 1 5 1,397,100 0

£19,335,810 1

Schedule B.

1,600,000 0 0

66 Whereas article 546 of the Code of Civil Procedure, which ordains that judgments given 31,900 0 0 by foreign Tribunals shall not be capable of receiving execution in France, but so far as they shall have been declared executory by a French Tribunal, makes no distinction between judgments pronounced between French persons and foreigners, and those pronounced exclusively between foreigners; that there is reason to conclude from these general terms that the French Tribunals take cognizance of all demands having for their object the obtaining the putting in execution in France a judgment emanating from foreign Judges, whatever may be the nationality of the parties con3 cerned.

58,000 0 0

156,738 17 1
13,919 16 2

£170,658 13

Amount of Securities held on 20th November, 1854, by the Commissioners for Reduction of the National Debt to meet the Demands of Savings' Banks and Friendly Societies, to be cancelled under the Directions of this Act.

Out of the Total Capital

Sum of 10,085,8341.78.1d.
Three per Centum Conso-
lidated Annuities, the
Capital Sum of
The Total Capital Sum of
Reduced 3 per Centum
Annuities

Out of the Total Capital
Sum of 19,335,310l. Is 5d.
New 3 per Centum An-
nuities, the Total Capital
Sum of

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Total Capital Amount of 3 per Centum per Annum Annuities to be cancelled, being

£

"Whereas the obligation imposed on the French Tribunals to exercise jurisdiction in such matters can never be considered as an attack upon their rights of examination and control; the thorough revision of the dispute which the Tribunal before which it is brought makes, before authorising or refusing the exes. d. cution of the judgment deferred to its decision, having precisely the effect of preventing all derogation from the preceding laws.

2,845,834 7

1

"Whereas, regarded in this light, a demand of the nature of that which is this day brought before the Tribunal, does not present the fea3,555,674 6 2 tures of a cause brought before it by one foreigner against another foreigner, a cause which a French Tribunal is always at liberty to accept or decline the cognizance of, as those 15,355,340 1 5 of a suit terminated by a definitive judgment pronounced in a foreign country between foreigners, judgment whereof the execution is demanded in France,

21,736,824 14

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8 "On these grounds,

"The Tribunal declares itself competent, retains the cause, and is adjourned for a fortnight to be fully pleaded.

"Condemns Harris to the expenses of the

WE beg to lay before our readers an ex-incident payment whereof to Ploeque, who has tract from the judgment of the First Cham-required it.

ber of the Civil Tribunal of the Seine, with "Given and judged by Messrs. Martel, Prewhich we have been favoured, on this im-sident, Berthelin, Chauveau Lagarde, Copportant subject:peaux, and Gallois, Judges.

"The Tribunal, having heard the conclusions and pleadings of Blondel, counsel, as

"In presence of M. Marie, substitute.
"11th March, 1854."

Lord Brougham on the Law Reforms of last Session.

255

LORD BROUGHAM ON THE LAW sively, giving no power of summary decision REFORMS OF LAST SESSION.

to the single Judge. That section was fully considered in the Select Committee in the

From the last Number of the Law Review Lords; and the strange provision on which I we extract some passages of a letter addressed am commenting was inserted in the Commons, by Lord Brougham to the late Lord Den--the Bill being returned with it to our House,

man:

I believe, the very day but one before the prorogation, when we must either agree or lose the whole measure. In the same way the evidence clauses were extended to Ireland, as it were, behind the back of the House of Lords."

1. As to the unanimity of Jurors. "One of the most important provisions in the Common Law Procedure Act, that of enabling 10 jurors to give a verdict, if after 12 hours they cannot all agree, was abandoned 3. Extension of the Act to Local Courts. because a very few members announced their intention of a pertinacious opposition pro"But there is a yet more extraordinary probably extending itself to other clauses. What vision added by the Commons. The Bill had is the consequence? Not only does the bar- been fully considered by the Commissioners, barous law of compelling unanimity by carting then by the Select Committee which the Law jurors to the borders of the county, continue Lords attended; and we had the great benefit in theory at least to disgrace our procedure, of the Chief Justice's assistance, after he had but the unanimity of jurors has been actually abolished in Scotland, a Bill having passed to allow the verdict, not of ten but of nine; so that in England all must concur, while in Scotland three-fourths only are required, and this diversity not existing time out of mind, as in the Criminal Law of the two countries, but in the trial of civil causes transplanted from England only 40 years ago."

2. Compulsory Arbitration. "Other provisions have been inserted in the Act, most probably under the same pressure, and which are so extraordinary that one could not have believed them possible without the evidence of the senses.

examined all the provisions with the other Judges. A Bill thus prepared and matured might have been expected to pass through the other House without any material alterations, unless these were well considered and thoroughly discussed. But sect. 105 I cannot bring myself to believe was ever so dealt with. It gives the Crown the absolute power, by Order in Council, to extend all or any part of the Act (new Law of Evidence as well as Procedure') to all or any of the Courts of Record within the realm, and to alter and annul such order from time to time. A month's notice in the Gazette is alone required for making this Act of Royal Legislation valid; and no notice It may suffice to spe- is required to either House of Parliament in cify two. Either party to an action may apply the accustomed way when powers are entrusted to a Judge at Chambers to refer the cause, to the whole of the Judges of making regulawhether his adversary agrees or not, provided tions of mere detail. Now, only observe in it is wholly or in part a matter of account. what a state the law is placed by this strange, The meaning possibly may be, that the com- this transcendental, authority conferred upon pulsory reference shall only be of the matter the Crown. Take an example of the effects of of account, though the literal construction the provision. There is, by the 103rd section, gives the power of referring the whole cause, an extension of the evidence clauses to all the if any part turns on matter of account. But Courts of civil jurisdiction. But, by the this I pass over there is very much worse behind. The Judge may, by the same section (sect. 3), if he thinks fit, himself decide the matter in a summary way. So that one party applying to have a reference (it is probably meant, but not stated), the Judge may summarily decide on the disputed claim of any amount, certainly without the consent of both parties, but by the literal construction of the words, without the consent of either. It is also extremely doubtful if there be any appeal given, and quite certain that if there be, the decision is final in four days. A party in Kerry, certainly in Orkney, suing in Westminster, would thus be unable to appeal, even if appeal is given in any case. The judgment summarily pronounced is enforceable as if there had been a verdict. I must observe, in justice to my Arbitration Bill (from the 31st clause of which this section 3 is taken), that it leaves no doubt whatever as to jurisdiction on the whole cause or only on the matter of account; and it is confined to reference exclu

105th, these may be extended to all criminal Courts of Record likewise, if the Crown pleases. Then see what happens. An indictment is pending before the Sessions; it may be that the bill was found at the former Sessions and the trial postponed; the law of evidence is changed in the interval by order in Council, and the petty jury have to hear the case under a different law from that under which the grand jury proceeded. Thus the whole evidence must have been given upon oath before the grand jury, and no witness could be examined who refused to swear but before the petty jury, witnesses might be ex

1 "The Act of 1852, which had such a provision, was confined to procedure."

2 "It is not confined to such Courts deciding on civil matters, which was probably intended; but given to all Civil Courts, which will raise a question as to Courts, for instance, of Quarter Sessions, which have civil as well as criminal jurisdiction."

256

Lord Brougham on Law Reforms.-New Rules of the Common Pleas.

amined without oath, if by the powers given in section 105-the 20th section has been extended to the Court of Quarter Sessions, and witnesses may thus be called who could not appear before the grand jury. May not the prosecutor say, that had he known this would be the law he would not have preferred his bill? But this is not all. There is a convic

tion and the sentence is deferred. A new

summons the Court or Judge shall think fit to direct and prosecute inquiries into the matter thereof, under the 3rd section of this Act, the order for that purpose shall be in the following terms, or to the like effect; the rule or summons being enlarged until such further day as the Court or Judge shall think fit, in order that in the meantime such inquiries may be made and reported thereon:

"In the Common Pleas."

Order in Council may change back the law of evidence, and then the affidavits in mitigation must be upon oath though the trial was upon affirmation. I take this of the dispens"In the matter of the complaint of 4. B. ing power as my instance; but the whole of [or of the company] against the the other new rules of evidence in the important sections from 22 to 28 inclusive, may also company. It is ordered that C. D., be applied to any one Court of Criminal Juris- Esq., Engineer [or as the case may be] do diction, by the powers given to the Crown in the forthwith make such inquiries into the matter 105th; or any one or two of these rules may of this complaint as may be necessary to enable be so applied, and afterwards the application may be annulled. So that on this most es- the Court [or the Honourable Mr. Justice sential of all matters connected with the ad- to determine the same, and do report thereon ministration of justice, the Crown may make a to the Court [or to the said Mr. Justice special law for all Courts of Record, or for any one, and may thus create as great a diversity of laws in different Courts as there was of old in France, where the different parts of the same town lived under wholly different systems of jurisprudence."

NEW RULES OF THE COMMON
PLEAS.

TRAFFIC ON RAILWAYS AND CANALS, 17 & 18 VICT. c. 31, s. 4.

.] on or before the
next.

"Dated this

day of

]

day of

185 ."

3. Office copies of all the affidavits filed by either party on the hearing of such rule or summons shall, at the expense of such party, be furnished to the person appointed to make such inquiries, within three days after the making of such order as aforesaid.

4. The parties shall be entitled to be again heard by the Court or Judge, upon the said

As to the Forms of Proceedings and Pro-report; but no fresh affidavits shall be allowed cess, made pursuant to the Statute 17 & 18 on such hearing, unless by leave of the Court Vict. c. 31, s. 4, intituled, "An Act for the or a Judge. better Regulation of the Traffic on Railways and Canals."

1

5. Every writ of injunction issued under this Act shall be in the following form or to the like effect :

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"Victoria, &c. To the

company,

1. Every application made under this Act to the Court shall be for a rule calling upon the company or companies complained of, to their agents and servants, and every of them show cause, why a writ of injunction should greeting. Whereas A. B. [or the not issue against such company or companies, company'] hath lately complained before us enjoining them to do, or to desist from doing, in our Court of Common Pleas at Westminthe thing required to be done, or the thing the ster, of a violation and contravention by you doing of which is complained of by the com- the said company, of, The Railway and Canal pany or person making such application, and Traffic Act, 1854;' that is to say in [state the every application made under this Act to a Act or omission complained of]. And whereas Judge at Chambers shall be by summons call-upon the hearing of such complaint the same ing upon the company or companies com- hath been found to be true; we do, therefore, -plained of to show cause in like manner, which strictly enjoin and command you the said summons shall be granted only upon affidavit, and upon a statement made to the Judge in like manner as upon an application to the Court for a rule to show cause.

2. If on the hearing of any such rule or

1 See p. 213, ante, where the Act is printed.

company, and your agents and servants, and every one of you, that you and every one of you, do from henceforth altogether absolutely desist from [state the matter for the injunction where an act done is complained of ], or that you and every one of you forthwith do' (state the matter for the injunc●

the

New Rules of the Com. Pleas.-Law of Attorneys and Solicitors.-Law of Costs. 257

year of our Lord

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6. If the Court or Judge shall think fit also to make an order, directing the payment of a sum of money by the company or companies complained of, such order shall be in the following form, or to the like effect. "In the Common Pleas. "In the matter of the complaint of against the that the said said

tion where an omission is complained of)], until such costs, the Vice-Chancellor Kindersley our said Court shall make order to the con- said :-" It may have been intended that trary. Witness, Sir John Jervis Knight, at the policy was to remain a security for that Westminster, the day of in which, at the time of the execution of the mortgage, was not mentioned in it, namely, the costs; but it is not so stated in the deed; and in the absence of any such expressed intention, I must apply the general principle. In this case, I am of opinion that the policy is in the hands of the petitioner, not by virtue of the deposit, but of the mortgage; and when the mortgage is satisfied, he has no further right to hold it. The possession by the original deposit is merged in that acquired under the mortgage; and Annesley can only have out of the produce of the policy what was secured dismissed; but, considering the conduct of by the mortgage. The petition must be the petitioner, who has done everything in his power to facilitate the trial of the question at the smallest expense to the estate, he may be allowed his costs of this proceeding out of the policy money." Vaughan v. Vanderstegen; In re Annesley, 2 Eq. Rep. 1,257.

company. It is ordered company do pay to the [or "into Court, to abide the ultimate decision of the Court, in the matter of the said complaint," or "to the use of her to the use of her Majesty"] the sum of 1. for every day after the day of inst., that the said company shall fail to obey a certain writ of injunction dated this day, and issued against the said company at the instance of the said "Dated this day of

185."

7. If such money be ordered to be paid into Court, to abide the ultimate decision of the Court, the same shall, upon the ultimate decision of the Court being made, be paid out of Court either to the party complaining, or to the use of her Majesty, or to the company by which the same was paid into Court, as the Court or Judge shall direct.

January 31, 1855.

JOHN JERVIS.
W. H. MAUle.
C. CRESSWell.
E. V. WILLIAMS.
R. B. CROWDER.

LAW OF ATTORNEYS AND
SOLICITORS.

LIEN ON POLICY IN RESPECT OF COSTS,

WHERE NOT INCLUDED IN MORTGAGE.

RETAINER OF ATTORNEY BY LUNATIC TO
APPLY FOR HABEAS CORPUS.

It appeared that upon the issue of a
commission de lunatico inquirendo against
a Captain Child, he had appointed an at-
torney to defend him, who had, however,
been refused permission to see his client,
whereupon he obtained a rule nisi for a
habeas corpus.
The Court of Common
Pleas in discharging the rule with costs,
said, that it did not at all follow that because
the applicant had authority from the al-
leged lunatic to prosecute a petition of
lunacy, he had authority to apply for a
habeas corpus.
The Commissioners of
Lunacy, or the Lord Chancellor might grant
access, if applied to; but it did not appear
that the present confinement of the alleged
lunatic was at all against his will. In re
Fitzgerald, exparte Child, 2 Com. L. Rep.
1801.

LAW OF COSTS.

PAYMENT OF, IN CHARITY CASES.

IN raising costs out of charity property

IT appeared that Mr. George Annesley, who had been the solicitor for Lady Dunboyne, took a deposit of a policy of assurance from her to secure the payment of his costs, but without any memorandum to that effect. A mortgage was afterwards executed, assigning the policy as a security for by mortgage, the Court is anxious to provide sums already advanced and thereafter to be for its extinction by a sinking fund. Attorneyadvanced, but no mention was therein made General v. Archbishop of York, 17 Beav. 495. of the costs, and he retained the policy until Lady Dunboyne's death.

On a petition praying that the produce of the policy might be applied in payment of

OF PETITION UNDER TRUSTEES' ACT, 1850,
ON SALE OF COPYHOLDS.
After a decree for the sale of an intestate's

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