« AnteriorContinuar »
attempted to be set up in these cases will be found in by him out of the assets on account of his share in the Mr. Hodges' work on the Law of Railways, Railway capital, or of profits or interest; and all payments on Companies, and Railway Investments, (2nd ed., pp.
account of principal are to be deemed to have been 126–134).
made within the year, unless registered as having been
made at an earlier date. The immediate object of this We shall return to this subject in our next number, and must for the present content ourselves with calling of capital, under the notion that in some way the attention to the case of Parsons v. Alexander, (Q. B., public has an interest in knowing at the earliest
moment every diminution of that part of the capital to an account stated, that it was stated in respect of
which belongs to the irresponsible partners. But how
it can be important to the public to know both every money won at billiards, the money not being placed in
1 addition to and every deduction from the irresponsible
daitis the hands of a stakeholder, and therefore not falling constituency is not apparent, nor is the inquiry worth within the proviso already referred to. The Court pursuing until the value of such registration for any expressed their opinion to be, that the enactment purpose has been proved. Probably the intention was applied to gaming, or bets upon a lawful game, and to make the registration a security to the public that extended also to the stakes of the parties engaged in the the advertised amount of capital had been actually adgame, the proviso applying only to cases where there vanced, and not withdrawn; for the registrar is to rewas a subscription, collection, or contribution to any quire the production of the instrument for securing or prize, placed in the hands of a third party to be awarded manifesting the advance, or such other evidence of the to the winner.
advance as he shall deem sufficient. But the instru
ment will not prove that the advance has been actually THE LIMITED LIABILITY BILLS.*
made, and no penalty or liability is imposed in case of a misstatement.
By the other bill it is proposed to entitle the memWe have met with a great many persons who agree in thinking that the rules of the English law appli- Joint-stock Companies Registration Act, (other than
bers of a joint-stock company, formed under the cable to the constitution of the relation of debtor and
insurance companies, an amusing exception, seeing that creditor by agency or procuration, from which arises the liability of dormant or non-ostensible partners, are
such companies can and generally do limit their liability by the special terms of their policies), to exemp
: logical deductions from the first principles of the law 11
tion from liability for the company's debts beyond the of contracts, and are convenient and beneficial in operation, and ought not to be altered; but among the many j following conditions.
amount of their respective unpaid subscriptions, on the advocates for some alteration of those rules we have
The nominal capital must not be less than 20,0001., not met with one who seemed to understand the reason in cho
in shares of not less than 251. of them, or two who agreed as to the mode in which
ch The company's name must offend every English ear they should be altered. Certainly, while the existing law numbers its thousands of intelligent and practical u
hy concluding with the word “limited," as thus, “The
Universal Gold Washing Company, limited.” supporters, (including, we believe, almost every mercantile name of importance in the city of London),
The deed of settlement must express the limitation no one of the legion of published plans for amend- tent of three-fourths of the nominal capital, and they
1 of liability, and be executed by shareholders to the exment has been adopted by any noticeable school or body of partisans. The Government bills have merely
must pay 201. per cent. on their shares before the comadded to the number of schemes, and, from the neces
pany can be completely registered with limited lia
bility. sity of the case, are equally unsatisfactory to the advo
Additions to the capital can only be made on the cates of change and to those who would keep the law unaltered in that direction.
same conditions as are required for the original estaThe Partnership Bill would enable any person to carry
blishment of the company on any trade, other than that of banking, in the name of
The company must be wound up as soon as the
annual account or the auditors' report shews that any other person, without being liable for the debts of:
three-fourths of the subscribed capital has been lost or the trade, subject to the following conditions :First, that the names, places of business, and descrip
has become unavailable from any cause. There is no tions of the irresponsible trader and his responsible
"explanation of the word “unavailable.”
It is unnecessary to criticise the details of these bills. agent respectively, and the amount of the capital be
We have stated enough to shew that they have been longing to the former, and the nature of his interest in
prepared by persons who do not understand the subject the profits, be registered at the Office for the Registration of Joint-stock Companies.
on which they are presuming to legislate. The ComSecondly, that every variation in the irresponsible
| panies Bill is limited to registered companies with partner's interest in the capital and profits respectively wit,
| large capitals, held in large shares—a limitation which
er will not be satisfactory to the majority of those who be from time to time registered; the penalty for omit.
i call for a change in the law; but this limitation is ting for an hour to register the repayment of 108. of. the advanced capital, or the advance of another 108., I which, as we have seen, provides for the carrying on of
į rendered nugatory by the provisions of the other bill, being partnership and full liability. Thirdly, that on the estate of the responsible trader
any business, other than that of banking, (but not ex
cluding insurance, which, with banking, is excluded or agent being administered in bankruptcy or insol
01 from the Companies Bill), with a capital subscribed by
from vency, (the only reference to insolvency in the bill is the old and now insufficient expression, “taking the liable for the debts, and whose association in any
S persons who share the profits, but are not partners or benefit of the Insolvent Debtors Act”), or on his death, or, in the case of a company, under the Winding-up | Joint-stock Companies Registration Act. Under that
edulli number is therefore not subject to the provisions of the Act, the irresponsible trader shall not make any claim bil
bill, therefore, all the small companies and undertakings in competition with the other creditors, and shall be
excluded from the Companies Bill might be established liable to them (“ the other creditors of the borrower”
and carried on with limited liability, and without any is the phrase, thus including his private as well as his
of the checks (the salutary checks, as we presume to trade creditors) to the extent of any monies received
characterise them) of the Joint-stock Companies Regis* From a correspondent.
I tration Act.
This item is not allowed
GENTLEMEN CALLED TO THE BAR. Copy for service, each
:: 0 To
Drawing and ingrossing affidavit of personal service The following gentlemen have been called to the de- Writing agent, with special instructions as to service
for agent to swear
. .. 0 6 8 gree of Barrister at Law:-..
and affidavit ..
Costs of Taxation.
(This item is not allowed on ex parte taxations). J. K. Aston, Esq.; C. A. L. Loreng, Esq.
' Attending taxing, (amount at the discretion of the INNER TEMPLE.Walter Robinson, Esq., (certificate Court fee on taxation, and attending. (London)
taxing officer) . . . of honour); T. A. Farrell, Esq.; B. G. Norton, Esq., | Paid for allocatur stamp
.. 0 13 10 0 ,184 Paid for allocatur stamp .. .. .. . Trin. Coll., Dublin; P. R. Crook, Esq.; C. J. Murch, Esq., B. A.; J. S. Ogle, Esq., B. A.; B. H. W. Way,
Allowances to Witnesses per Day, inclusive of all except Esq.; J. B. Kinnear, Esq.; H. B._Ince, Esq.; J.
If resident at Mackonochie, Esq.; G. T. Tomlin, Esq.; W. R. D. Salmon, Esq.;. G. C. Paul, Esq., B. A.; W. Patchett,
in the town from the Esq., B. A.
in which court, sub
the Court sistence in MIDDLE TEMPLE.-Edward Howley, Esq., (certificate
is held. these cases of honour); Henry Gillett Gridley, Esq.; Henry
£ 8. d. £ . d. Rutherfurd, Esq., (certificate of honour); Robert Mortimer Montgomery, Esq.; Andrew Steinmetz, Esq.,
11. Bankers, merchants, esquires, and l (certificate of honour); Joseph Park, Esq., (certificate
gentlemen .. . of honour).
GRAY'S INN.-Edward Dundas Holroyd, Esq., M.A. | 2. Professional men .. ..
3. Auctioneers and accountants .. .. 1 io GENERAL ORDER.
| 4. Notaries. .. .. .. 11 0 2 2 MADE IN PURSUANCE OF “ THE BANKRUPTCY Act, 1854.” | 5. Engineers and survey ors .. .. 1
Io to May 19, 1855.
0 10 6 0 16 SCHEDULE.
6. Clerks of attornies or other persons ... (Concluded from p. 228)... .
1 1011 il
17. Master tradesmen, shopkeepers, yeo Composition after Bankruptcy, (Sect. 230).
PO 10 6.10 15 Instructions for meeting of creditors to consider offer
men farmers . . of composition .. .. .. .. ..0 6 8 Drawing advertisement and fair copy, per folio ls.
18. Artisans, mechanics, &c. ... ... Attending to insert same in Gazette .. ..0 6 8 Paid insertion " .."
5 0 TO 5 0 Attending meeting, drawing resolution of creditors,
. 9. Females, according to station in life and memorandum, when nine-tenths present
oli 0 0 assented and signed their assent, and second
To 7 meeting appointed." ..." ..
10. Police inspector is . .. 0 to Clerk attending in 050
10 10 0 Paid court fee, (London); and attending .. ..0 13.10 Drawing advertisement of second meeting, per folio 18.
11. Police constable .. .. .. 0 3 0 to Attending to insert same in Gazette
Lo 7 6 Paid .. . Attending meeting, when nine-tenths present assented
The travelling expenses of the first five classes of witnesses
will be allowed at the rate of 7d. per mile, and the others to offer, and signed their assent in writing oil 0.01 Clerk .
at 5d. per mile one way, or travelling expenses actually . .
5 0 Paid court fee, (London), and attending .. ... 0 13 10
incurred, in the discretion of the taxing officer ; the tra. Drawing petition to annul, per folio 18.
- velling expenses of female witnesses, 7d. or 3d., according Ingrossing, per folio 4d. . . .
to their station.
si 10 Attesting petitioner's signature .. . ..0 6 8 Instructions for affidavit in support of petition ..0 6 8
Governors of gaols bringing up prisoners 0 10 6. to
(11 6 Drawing same, per folio 18. .. (See note, ante, p, 223, marked thus *).
Travelling expenses of gaoler bringing up prisoner under Ingrossing, per folio 4d.
warrant, in addition to the above allowance, 7d. per mile Attending to file petition and affidavits .. ..O 6 8
one way for each, (himself and prisoner), or the amount Attending court, order made to annul on payment of
actually paid, and for the prisoner's safe custody and amount of composition ..
refreshment, in the discretion of the taxing officer. Drawing order and fair copy, per folio ls.
Costs of Petition, under the 7 & 8 Vict. c. 70. Attending settling order
Instructions for petition ... .. .. ..1 0 0
Search for prior petition, and paid .. .. .. 0 7 8 Attending to pass same , Court fee on petition, and attending, (London) ..
Drawing petition, proposal, and schedule to annes, Affidavit of conformity .
per folío 18.
. . 0 6 8 Attending to be sworn ..
Fair copy, per folio 4d. ..
..0 6 8
Paid for parchment ..
Attending reading over and attesting same by peti.
... 0 5 ...
tioner ........ Costs of personal Service of Notice on Creditors residing Attending attesting signatures of concurring cre. Abroad, (Sect. 231).
: - ditors, each ro .. .. .. Drawing notice to serve on creditors abroad
" 0.5 Ol Affidavit of verification of petition .. .. .. 0 6 8
er folio 4d. .
Drawing affidavit of witnessing creditors' signatures,
7. Drawing advertisements and copy, not exceeding per folio 18.
five folios.. .. Fair copy, per folio 4d...
Exceeding five folios, 18. per folio . .. Attending to be sworn
Attendances to insert advertisements, (see note, Attending to file petition and affidavits, and to ballot
ante, p. 223) .. ..
..0 6 8 for commissioner
Adjourned sittings are not to be advertised unless spe. Copies petition for the court, per folio 4d. each.
cially ordered by the court. Attending commissioner for appointment for private
8. Estra allowances for length of sittings, or other increased examination prior to appointing first meeting
allowances, must have the sanction of the court, and a of creditors .. .. .. .. .. 0 6 8
memorandum to that effect obtained from the registrar, Attending commissioner on private examination,
or all such charges will be disallowed. when he examined petitioner and witnesses,
9. Vouchers must be produced on taxation for all payments, and appointed first meeting of creditors . 0 13 41
or they will be disallowed. Summons, and summoning the witnesses to such
| 10. Bills of costs must be written upon draft paper lengthwise, examination, each .. Making list of creditors with addresses for messenger,
on one side only, and dates must be furnished to each
item, such dates not to be written in the margin, which is per folio 4d.
to be left clear for taxation. Attending him, instructing him as to service ..0
court to be prepared by the messenger, and inserted by site number assented to the proposal, and second
him ; special and other advertisements by the solicitor. meeting appointed, and clerk .. .. .. 1 5 0 | 12. In very special cases, where counsel are not instructed to Making list of creditors with addresses to be per.
appear in court, a charge by the solicitor for the preparasonally served with notice of second meeting,
tion of minutes of fact or evidence for his own use will per folio 4d. Attending messenger, instructing him as to service.. 0
be allowed, if so ordered by the court.
3 4 1 13. No charge is to be allowed for making copies for solicitors The messenger being unable to serve several of the
of their own bills of costs either before or after taxation, creditors personally, instructions for affidavit to ground application to commissioner for substi
or for any unnecessary copies of proceedings.
. 14. In office copies each folio is to be counted and enumerated; tuted service .. ..
.::. .. ..0 6 8 Drawing same and fair copy, per folio 18.
each figure to count as one word. Attending to be sworn . .. ... .. ..0 6 8
MESSENGER's Costs. Oath
To Choice of Assignees. Attending commissioner. when application granted .. 0 13 4 Attending court until adjudication, and preparing Attending second meeting of creditors when proposal
: warrant of seizure, and duplicate or duplicates, assented to and a trustee was appointed, self,
and all necessary papers .
..O 100 and clerk ..
... ..1 5 0 | Executing warrant of seizure, at each distinct place Several attendances on official assignee as to his re.
where property seized .. .. .. .. 0 13 4 port of the several meetings, and to procure
| Or an attendance fee in the discretion of the taxing appointment for the commissioner to consider
officer . .. .. .. .. .. the same
Making inventory of books and papers seized, deli. Attending court when report confirmed and certi.
vering the books, papers, and inventory to the ficate of protection granted . .. .. 1 0 0 official assignee, and taking receipt from him for Attending taxing .. .. .. .. .. 0 6 8 | each book and bundle of papers, such receipt to Letters, &c. ... ... ... ... .. .. 0 10 0
be produced .. .. .. .. .. 0 0 6 GENERAL Rules.
But the whole charge not to exceed .. .. .. 0 0 0 1. Solicitors not residing where the court sits will not be
Service of duplicate adjudication on bankrupt and allowed for loss of time or travelling expenses in attending
affidavit of service .. a sitting of the court personally, instead of by agent, unless
Preparing summons to surrender, and service of same they obtain from the court, before or at the time, its
i on bankrupt .. sanction for their personal attendance, and a memorandum
Preparing advertisement for the Gazette, and attend. from the registrar of such sanction. The usual agency
ing to insert same ... charges will be allowed.
Paid insertion ... .. Solicitors attending as such, per day
. .2 2
(No charge to be made for Gazette).
0 If from a distance, for subsistence
.. 1 1 0
Possession from the day of executing the warrant of (Or in the discretion of the taxing officer, and travelling
seizure, per day .. ..
.. .. 0 5 0 expenses 7d. per mile, or the sum actually paid).
(48. of which is to be paid to the man in possession, and 2. More than one attendance to open petition will not be
his receipt for same to be produced). allowed unless ordered by the court, and memorandum
Notice to the solicitor of sitting for choice of as. be obtained to that effect from the registrar.
signees, and service thereof, attending the sit3. Attendances upon the court for necessary pur
ting, pens, paper, &c. .. .. poses not included in the foregoing scale, each 0 6 8
Notice of taxing, and service when required by the Attending court on each sitting, not otherwise
taxing officer to be given .. .. .. 0 2 0 provided for
Allocatur stamp .. .. Clerk's attendance at each sitting, when required 0 5 0
Costs to Audit, If by agent .. ..
Notice to solicitor of sitting for final examination 4. Summons and service, each witness
mons and service, each witness .. ..0 6 8 and service, attending the sitting, and supplying If the distance be more than three miles, 5d. per mile
pens, paper, &c... ..
0 2 6 extra, or a further sum, in the discretion of the
Preparing advertisement of audit, and attending to taxing officer, according to circumstances.
insert same in Gazette .. .. .. .. 0 6 8 In cases of great distance, the service must be by agent,
Paid ... .. .. .. .. .. .. unless otherwise sanctioned.
Preparing summons for assignees, (whether one 5. General attendances, each
estate, or joint and separate estates), and service .. .. .. 0 6 8 Long and special attendances ..
thereof on assignees, (whether one or more) .. 0 .. .. 0 13 4
7 0 Notice to solicitor of audit sitting, attending same, (Or more, in the discretion of the taxing officer).
supplying pens, paper, &c. .. 6. Writing letters, each, special .. ..
Notice of taxing, (when required) ... ... Ditto, common
.. 0 2 ....
" . "
Paid for allocatur stamp Ditto, circulars
.. . ... .. .. 0 1 61
Costs of Dividend Sitting. (If above twenty, 18. each; if numerous, they must Preparing advertisement of dividend meeting, and be printed).
attending to insert same in Gazette . .. 0 6 8
Preparing summons for assignees, service thereof,
tools, and implements of trade, or of such part(whether one or more assignees), and the like
of such remainder as aforesaid as may be emon bankrupt, with affidavit of service if required 0 10 0 1 braced in the orderNotice to solicitor of dividend sitting, attending
For the first 1001. ...
. .. 2 10 0 same, and supplying pens, paper, &c. .. .. 0 2 6
For the next 4001., per cent... .. .. 1 5 0 Paid for allocatur stamp .. .. ..
1 .. .. .. 1 0 0 Costs of Certificate Sitting.
(This allowance to include all expenses, and any travelling Preparing advertisement of sitting for certificate, and
within five miles of the court, and a fair copy of the in
ventory). attending to insert same in Gazette . ..0 6 8 Paid insertion ..
For inventory of the stock-in-trade, and effects not Notice to solicitor of sitting for certificate, service
included in the above, and also of such of the thereof, attending sitting, supplying pens, paper,
household furniture, tools, and implements of &c.
..0 2 6
trade, for a valuation of which no order is made Preparing advertisement of allowance of certificate,
by the court, a sum in the discretion of the reand attending to insert same .. .. ..0 6 8
gistrar of the court from 10s. 60. to 211., accordPaid insertion.. .. .. ..
ing to the time and labour necessarily employed, ..
and without reference to the number of items; Costs under Petition for Arrangement.
and no further allowance will be made to the Attending court when petition filed, and after, until
broker for any such inventory without the spe. protection granted
. .. 0 1
cial order of the court, and no allowance will be Taking instructions from solicitor as to service of
made to the broker for an inventory of any potice to creditors of first sitting, filling up
estate or effects of the bankrupt, which is after. notices, and serving same, each creditor, in.
wards sold by such broker under the direction cluding affidavit of service ..
.. .. 0 1 0 1
of the trade assignees : in such cases the allow. Attending first sitting, pens, paper, &c. ... 0 2 6 . ance of the broker is deemed to be included in Taking instructions from solicitor as to personal
his charge as auctioneer .. .. service of notice of second sitting on creditors
No allowance whatever will be made to the broker for any who did not attend first sitting, filling up notices,
inventory not made and completed forthwith after the ad. and serving same personally, each creditor, in.
judication of bankruptcy, and before the sitting appointed cluding affidavit of service ...
..03 01 for the choice of assignees, and produced to the court If by agent, charges in the discretion of the taxing officer. at such sitting. Attending second sitting, pens, paper, &c. ..
.: 0 2 6 Broker's travelling expenses will not be allowed in any case Notice of taxation, when required ..
.. 0 2 0 1 beyond forty miles; the rate of allowance to be 7d. per Paid for allocatur stamp .. ..
mile. General Rules as to Messenger's Bills.
Auctioneer's Charges, including all Expenses of Sale. Notice to solicitor of each public sitting, and service
Sales by auction of goods, chattels, and effects :thereof, attendance at every sitting, and supply
101. per cent. on the first 1001. ing pens, paper, &c. .. ..
.. 0 2 6
10001... 51. per cent. Preparing warrant to bring up bankrupt from prison
After to .. . 50001... 21. 10s. per cent. to surrender, or to be examined, attending for
After to .. . 10,0001... ll. 58. per cent. commissioner's signature, transmission thereof
If the above be sold by valuation, 21. 108. per cent. on the by post, unless personal service on the gaoler be
first 10001., and 11. 58. per cent. beyond. specially ordered ..
r. 0 13 41 Preparing warrant for arrest of bankrupt or witness,
Sales by auction, of estates, freehold, leasehold, &c.:
51. per cent. on the first 3001. .. 0 13
After to .. (Special warrants will be prepared by the solicitor).
.. 10001... 21. 108. per cent. "
After to .. . 50001. .. ll. per cent.
If the above be sold by valuation, half the above charges;
and if not sold, the expenses to be paid, and fee to the assignees .. .. .. .. .. .. 0 2 01 If, in the execution of any of the business of messenger, be
auctioneer to be allowed at the discretion of the taxing
officer ; or if bought in, and subsequently sold by private or his principal assistant, or his man, be directed to travel any considerable distance, the following additional charges
contract, by the negotiation of the auctioneer, half the
above charges on sales by auction. will be allowed :
Farming stock, 51. per cent. on the first 1001., and 21. 10s. For the messenger's time, per day .. i ..1 0 0 1
on the remainder. When sold by valuation, half the Expenses of subsistence (when travelling) .. .. 0 10 0
above charges. For the messenger's travelling expenses, see Scale of Allow.
Sales of Stock by Tender. ances to Witnesses, (ante, p. 235); the higher scale of 78. per mile for the messenger, and the lower scale of 5d.
Not above 4001. ..
.. . 41. per cent. per mile for his principal assistant or man ; if by water
Above 4001. and under 10001... 31. 108. per cent. conveyance, the sum paid.
Above 10001. and under 20001... 21. 108. per cent.
Above 20001. and under 50001... 21. per cent. For the messenger's principal assistant, for his time
Above 50001., and upwards .. 11. 158. per cent. per day .. ..
.. 0 0 1
0 Ditto expenses of subsistence when travelling 0 7 6
Expenses to be allowed, such as advertisements and printDitto travelling expenses as above.. .
ing, not exceeding 21., or at the discretion of the taxing For the messenger's man's time per day, when tra•
&c., principal's time, per day of eight hours, nesses, (see ante, p. 235), at the lower rate ..
including necessary affidavit
. 2 2 Bed hire for the man in possession, where there is no
Chief clerk's time .. ...
" .. . 1 1 0 bed on the premises, per night .. .. .. 0 0 6
0 10 6 For summoning debtors, each debtor when required. 0 1 0 Other clerks' time, per day of eight hours ..
LO 15 0 Broker's Allowance.
CRANWORTH, C. For inventory and valuation of excepted articles, to
J. L. KNIGHT BRUCE, L. J. the extent of 201., 51. per cent. on the value ..
G. J. TURNER, L. J. For inventory and valuation (if ordered by the court)
EDWARD HOLROYD. of the remainder of the household furniture,
FIRST REPORT OF THE COUNTY COURTS appeal is set down for argument, and is disposed of as COMMISSION.
part of the ordinary business of the court. The court (Continued from p. 216).
of appeal may either order a new trial on such terms as it thinks fit, or may order judgment to be entered
for either party, and may inake such order with respect IV.-PROCEDURE-(Continued).
to the costs of the appeal as it thinks proper. Those Person. ]-An order for commitment cannot be ob- orders are final. The court of appeal sometimes remits tained as a matter of course, but only on a special ap- the case to the judge for the purpose of amendmente -plication to the judge in court. This order may be! W. The jurisdiction in cases where the claim ex. obtained at the hearing immediately after judgment, reeds when the debt appears to have been fraudulently con- the
on the ordinary jurisdiction of the court are submitted to tracted, or the defendant has been guilty of some other
its decision, is only given by consent. misconduct specified in the act of Parliament, and
Consent.]—The mude of giving this consent is by the dwells or carries on business in the district of the court: or it may be obtained on the hearing of a sum-parties or their attornies signing a memorandum of mons taken out in the district where the defendant agree
ndant agreement, in which they state that they know the
plus cause of action to be above the sum of 501., or that the dwells or carries on his business at the time of apply
title will come in question in the action. This memoing, without regard to the district in which the judgment was obtained. The summons requires the debtor
randum is filed with the clerk of the court at the time to appear and be examined, and intimates that if he do
of entering the plaint. The proceedings in the action
are then the same, and conducted in the same manner as not appear the court may proceed in his absence. In addition to the other grounds of committal already re
in the two classes of claims already mentioned. ferred to is that of non-payment of the demand, if the Venue.)- It is to be observed that all local actions defaulter be possessed of means to pay. If the defend brought by consent within the jurisdiction of the ant undergo the imprisonment awarded under the order
county court must be brought and tried in that district for commitment, the debt is not satisfied or extinguished,
in which the lands, tenements, or hereditaments, or and he may, at the discretion of the judge, in certain
some part of them, in respect of which the action is cases of subsequent default, be committed for any num brought, are situated. ber of successive periods, not exceeding forty days each,
Replevin. until payment is enforced. Moreover, it seems thé : Plaint-Particulars-Summons.] In this peculiar debtor is not protected from this proceeding by a dis- form of action, in cases of distress for rent in arrear or charge under an insolvent act, and no protection, order, damage feasant, à new mode of proceeding has been inor certificate granted by any court of bankruptcy, or troduced, compounded partly of the mode formerly for the relief of insolvent debtors, is available to dis existing and partly of certain conditions introduced by charge a party from such a commitment.
the statute. "Where the distress has been made either Transmission of Process. 7–When the defendant re- for rent or for damage, the practice still continues of moves from the home district, the process is trans
applying to the sheriff or the replevin clerk to re mitted. like other process, to the high bailiff of the plevy; and a bond with sureties in the usual form is foreign district.
still required, except that part of the condition is to Prison.]—The warrant of commitment orders the
prosecute the suit in the statutory county court. The
replevisor must then, in fulfilment of the condition of bailiff to convey the body of the debtor to prison. This prison is the common gaol of the county or place in
his bond, enter his plaint in the county court in the which the defendant is resident, and which is used for
district wherein the distress was taken. On entering the confinement of debtors in execution under the pro
the plaint the plaintiff must give to the clerk a sufficient cess of the superior courts, or in some other place of
number of copies of particulars of the goods and chatconfinement in the county allowed for that purpose by
tels which he alleges to have been wrongfully taken, order of the Secretary of State. The Secretary of State
A summons is then issued in the usual way, and the has, however, in very few instances exercised his power
case proceeds to hearing like any other elaim. A dif. of allowing places of confinement other than the com
ference resulting from the nature of the proceeding of mon gaol of the county to be used for the purposes of
| course exists in the judgment. If the distress was for the county court.
rent in arrear, the judgment, whether for the plaintiff or
the defendant, is the same as may be obtained in the Staying Execution.]-It is competent for the judge,
superior courts of common law. If the distress was for on sufficient cause shewn, to stay a judgment or an damage feasant, the judgment for the plaintiff is the execution, but neither can be stayed or reversed by same as in the superior courts; but if the defendant writ of error, or supersedeas thereon,
succeed, the judge or jury may assess the amount of II.-Next as to the practice where the claim exceeds damages done by the plaintiff's trespass, and the judg201., but does not exceed 501.
ment may be in the alternative for å return, or for the Appeal-Notice. 1-In these cases the practice and damage so assessed. The decision of the court, whatever proceedings are the same in all respects, except that if the amount of property distrained, or whatever queseither party be dissatisfied with the determination ortions of law arise in the course of the inquiry, is final. direction of the court in point of law, or upon the ad. This is the course of proceeding in actions of replevin, mission or rejection of evidence, he may appeal to one
where the case is left to the decision of the county court. of the superior courts of common law at Westminster,
. . (To be continued). on depositing the amount of the judgment, or on giving security, to be approved by the clerk of the court, for
BILLS IN PROGRESS. the amount of the judgment and costs, or costs only, as the case may be. Of this appeal notice must be given
ABSTRACT OF A BILL to the opposite party within ten days after the deter
(Prepared and brought in by Mr. Fitzroy, Mr. Bouverie, and Viscount mination or direction of which complaint is made. A
Palmerston) case containing a statement of the facts is then prepared
To amend the Law of Partnership. by the parties, which must be signed by the judge. If Sect. l. This act may be cited for all purposes as “ The the parties cannot agree, the judge settles the case. It Partnership Amendment Act, 1855." is then transmitted by the appellant to the proper 2. No person who may hereafter, in manner authorised by officer of the court selected as the court of appeal. The this act, lend any noney to any other person not being a