Imágenes de páginas

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., ppmade within the year, unless registered as having been

to 126-134).

made at an earlier date. The immediate object of this We shall return to this subject in our next number, provision is to encourage the registering of withdrawals 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 June 2 and 4). It was there held to be a good defence 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 addition to and every deduction from the irresponsible 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advertised amount of capital had been actually adgame, the proviso applying only to cases where there vanced, and not withdrawn; for the registrar is to rewas a subscription, collection, or contribution to any quire the production of the instrument for securing or prize, placed in the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


By the other bill it is proposed to entitle the memWe have met with a great many persons who agree bers of a joint-stock company, formed under the in thinking that the rules of the English law appli; Joint-stock Companies Registration Act, (other than 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 such companies can and generally do limit their liabilogical deductions from the first principles of the law lity by the special terms of their policies), to exemp

tion from liability for the company's debts beyond the of contracts, and are convenient and beneficial in opera- amount of their respective unpaid subscriptions, on the tion, and ought not to be altered; but among the many following conditions:advocates for some alteration of those rules we have not met with one who seemed to understand the reason in shares of not less than 25l.

The nominal capital must not be less than 20,0001., of them, or two who agreed as to the mode in which they should be altered. Certainly, while the existing by concluding with the word “ limited,” as thus, “The

The company's name must offend every English ear law numbers its thousands of intelligent and practical Universal Gold Washing Company, limited.”. supporters, (including, we believe, almost every mer

The deed of settlement must express the limitation cantile name of importance in the city of London), of liability, and be executed by shareholders to the exno one of the legion of published plans for amend- tent of three-fourths of the nominal capital, and they ment has been adopted by any noticeable school or must

pay 201. per cent on their shares before the combody of partisans. The Government bills have merely pany can be completely registered with limited liaadded to the number of schemes, and, from the neces

bility. sity of the case, are equally unsatisfactory to the advocates of change and to those who would keep the law same conditions as are required for the original esta

Additions to the capital can only be made on the unaltered in that direction.

blishment of the company. The Partnership Bill would enable any person to carry on any trade, other than that of banking, in the name of annual account or the auditors' report shews that

The company must be wound up as soon as the 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 :

has become unavailable from any cause. There is no First, that the names, places of business, and descrip: explanation of the word “ unavailable.". tions of the irresponsible trader and his responsible agent respectively, and the amount of the capital be. We have stated enough to shew that they have been

It is unnecessary to criticise the details of these bills. the profits, be registered at the Office for the Registration prepared by persons who do not understand the subject

to of Joint-stock Companies.

panies Bill is limited to registered companies with Secondly, that every variation in the irresponsible farge capitals, held in large shares a limitation which partner's interest in the capital and profits respectively will not be satisfactory to the majority of those who be from time to time registered; the penalty for omito call for a change in the law; but this limitation is ting for an hour to register the repayment of 108. of rendered nugatory by the provisions of the other bill, the advanced capital, or the advance of another 108., which, as we have seen, provides for the carrying on of being partnership and full liability.

Thirdly, that on the estate of the responsible trader any business, other than that of banking, (but not exor agent being administered in bankruptcy or insol- cluding insurance, which, with banking, is excluded vency, (the only reference to insolvency in the bill is from the Companies Bill), with a capital'subscribed by the old and now insufficient expression, “taking the liable for the debts, and whose association in any

persons who share the profits, but are not partners or benefit of the Insolvent Debtors Act”), or on his death, number is therefore not subject to the provisions of the or, in the case of a company, under the Winding-up Joint-stock Companies Registration Act. Under that Act, the irresponsible trader shall not make any claim 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” is the phrase, thus including his private as well as his and carried on with

limited liability, and without any trade creditors) to the extent of any monies received of the checks (the salutary checks, as we presume to

characterise them) of the Joint-stock Companies Regis. From a correspondent.

tration Act.

a distance

in the town

in which the Court is held.

sistence in these cases

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GENTLEMEN CALLED TO THE BAR. Copy for service, each

0 1 0 Drawing and ingrossing affidavit of personal service for agent to swear

0 6 8 The following gentlemen have been called to the de- Writing agent, with special instructions as to service gree of Barrister at Law:-..

and affidavit

0 5 0 LINCOLN'S INN.-F.W.E. Stiffe, Esq.; W.T. M'Cul- Paid agent's charges for service, &c. lugh, Esq., LL. B.; R. S. Borland, Esq., M. A.; H. Scarth, Esq.; P. L. Scluter, Esq., M.A.; W. Angell,

Costs of Taxation. Esq., B. A.; C. F. Cadiz, Esq., B. A.; É. W. Earle, Appointment to tax, copy and service

0 5 0 Esq., B.A.; J. P. Yeatman, Esq.; G. Udney, Esq.; Attending taxing, (amount at the discretion of the

(This item is not allowed on ex parte taxations). J. K. Aston, Esq.; C. A. L. Loreng, Esq.

INNER TEMPLE.-Walter Robinson, Esq., (certificate Court fee on taxation, and attending, (London) 0 13 10
of honour); T. A. Farrell, Esq.; B. G. Norton, Esq., 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.

Travelling Expenses.
Mackonochie, Esq.; G.T. Tomlin, Esq.; W. R. D.

If resident at

If resident Salmon, Esq.; G. C. Paul, Esq., B. A.; W. Patchett,

from the Esq., B. A.

Court, subMIDDLE TEMPLE.-Edward Howley, Esq., (certificate of honour); Henry Gillett Gridley, Esq.; Henry

included. Rutherfurd, Esq., (certificate of honour); Robert Mor

1 1 0 timer Montgomery, Esq., Andrew Steinmetz, Esq., 1. Bankers, merchants, esquires, and

and }; 1 0

gentlemen (certificate of honour); Joseph Park, Esq., (certificate

2 2 0 of honour).

2 2 0

1 1 0 to Gray's INN.—Edward Dundas Holroyd, Esq., M. A. 2. Professional men

3 3 0


3. Auctioneers and accountants . .

1 1 0 to

2 2 0 GENERAL ORDER 4. Notaries

1 1 0 2 2

1 1 0 MADE IN PURSUANCE OF • THE BANKRUPTCY Act, 1854.” 5. Engineers and survey ors

1 1 0 May 19, 1855.

3 3 0

0 10 6 10 15 0 SCHEDULE. 6. Clerks of attornies or other persons

to (Concluded from p. 228).

1 1 011 11 Composition after Bankruptcy, (Sect. 230).

7. Master tradesmen, shopkeepers, geo

0 10 6.10 15 0 Instructions for meeting of creditors to consider offer

men farmers

0 15 011 1 0 of composition 0 6 8

0 7 6 Drawing advertisement and fair copy, per folio ls.

8. Artisans, mechanics, &c. ... ...o 7.63

to Attending to insert same in Gazette 0 6 8

0 10 0 Paid insertion

0 5 0 5 0 Attending meeting, drawing resolution of creditors,

9. Females, according to station in life and memorandum, when nine-tenths present

0 10 0 1 0 0 assented and signed their assent, and second

0 7 6 meeting appointed 1 0 0 10. Police inspector

05 03 to Clerk attending 0 5 0

0 10 0 Paid court fee, (London), and attending 0 13 10

0 5 0 Drawing advertisement of second meeting, per folio ls.

11. Police constable

i. 03 0 to Attending to insert same in Gazette 0 6 8

7 6 Paid .. Attending meeting, when nine-tenths present assented

The travelling expenses of the first five classes of witnesses to offer, and signed their assent in writing 100

will be allowed at the rate of 7d. per mile, and the others Clerk ..

0 5 0

at 5d. per mile one way, or travelling expenses actually 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 1s.

velling expenses of female witnesses, 7d. or 3d., according

to their station, Ingrossing, per folio 4d..

1 1 0 Attesting petitioner's signature

0 6 8 Instructions for affidavit in support of petition

to Governors of gaols bringing up prisoners 0 10 6 0 6 8

1 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

0 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

0 13 4

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

0 6 8
Instructions for petition

1 0 0 Ingrossing order, folio 4d. per

Search for prior petition, and paid


0 7 8 Attending to pass same

0 6 8 Court fee on petition, and attending, (London) Ö 13 10 Drawing petition, proposal, and schedule to annes, Affidavit of conformity

0 6 8

Fair Attending to be sworn

6 8

copy, per folio 4d. Paid for parchment

0 2 6 Paid oath Letters, &c.

os ó Attending reading over and attesting same by peti-

0 6 8 Costs of personal Service of Notice on Creditors residing Attending' attesting signatures of concurring cre. Abroad, (Sect. 231). i ditors, each

( 6 8 Drawing notice to serve on creditors abroad ..0.5 0 1 Affidavit of verification of petition

6 8






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per folío 18.



Drawing affidavit of witnessing creditors' signatures,

7. Drawing advertisements and copy, not exceeding per folio ls.

five folios..

0 6 8 Fair copy, per folio 4d.

Exceeding five folios, 18. per folio Attending to be sworn

0 6 8 Attendances to insert advertisements, (see note, Attending to file petition and affidavits, and to ballot

ante, p. 223)

0 6 8 for commissioner

0 6 8

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, when he examined petitioner and witnesses,

or all such charges will be disallowed.

9. Vouchers must be produced on taxation for all payments, and appointed first meeting of creditors 0 13 4

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

0 6 8 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 3 4 11. Ordinary Gazette advertisements of the sittings of the Attending first meeting of creditors when the requi. site number assented to the proposal, and second

court to be prepared by the messenger, and inserted by meeting appointed, and clerk

1 5 0

him; special and other advertisements by the solicitor.

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 prepara. sonally served with notice of second meeting,

tion of minutes of fact or evidence for his own use will per folio 4d.

be allowed, if so ordered by the court. Attending messenger, instructing him as to service.. 0 3 4 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

or for any unnecessary copies of proceedings. ground application to commissioner for substi

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

0 10 0 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

0 13 4 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 10 0 1. Solicitors not residing where the court sits will not be Service of duplicate adjudication on bankrupt and

affidavit of service

0 50 allowed for loss of time or travelling expenses in attending a sitting of the court personally, instead of by agent, unless Preparing summons to surrender, and service of same

on bankrupt

06 they obtain from the court, before or at the time, its

8 sanction for their personal attendance, and a memorandum Preparing advertisement for the Gazette, and attend. from the registrar of such sanction. The usual agency Paid insertion ..

ing to insert same

. 0 6 8 charges will be allowed. Solicitors attending as such, per day

2 2 0

(No charge to be made for Gazette). If from a distance, for subsistence

1 1 0

Possession from the day of executing the warrant of
seizure, per day

.. 0 5 0
(Or in the discretion of the taxing officer, and travelling
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 Notice to the solicitor of sitting for choice of as

his receipt for same to be produced). allowed unless ordered by the court, and memorandum be obtained to that effect from the registrar.

signees, and service thereof, attending the site 3. Attendances upon the court for necessary pur

ting, pens, paper, &c.

0 2 6 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

Allocatur stamp provided for

1 0 0 Clerk's attendance at each sitting, when required 0 5 0

Costs to Audit. If by agent

.. 2 5 0

Notice to solicitor of sitting for final examination 4. Summons 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

0 6 8

estate, or joint and separate estates), and service Long and special attendances

thereof on assignees, (whether one or more) 0 7 0

0 13 4 Notice to solicitor of audit sitting, attending same, (Or more, in the discretion of the taxing officer).

supplying pens, paper, &c.

0 2 6 6. Writing letters, each, special 0 5 0 Notice of taxing, (when required)

0 2 0 Ditto, common

0 3 6 Paid for allocatur stamp Ditto, circulars

0 1 6

Costs of Dividend Sitting. (If above twenty, .ls. each; if numerous, they must Preparing advertisement of dividend meeting, and be printed).

attending to insert same in Gazette

0 6 8

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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

braced in the order Notice 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

All above

1 0 0 Costs of Certificate Sitting.

(This allowance to include all expenses, and any travelling

within five miles of the court, and a fair copy of the inPreparing advertisement of sitting for certificate, and

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

household furniture, tools, and implements of thereof, attending sitting, supplying pens, paper, &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., accord. Paid 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 speprotection granted

0 10 0

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 notice 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 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

0 3 0 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 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 After to

10001... 51. per cent. Preparing warrant to bring up bankrupt from prison

After to

50001. 21. 108. 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

0 13 4

Sales by auction, of estates, freehold, leasehold, &c.: Preparing warrant for arrest of bankrupt or witness,

51. per cent. on the first 3001. or any other person

0 13 4
After to

10001. 21. 108. per cent. (Special warrants will be prepared by the solicitor).

After to

50002. ll. per cent. Executing warrant for arrest

1 0 0
After to

10,0001. .. 108. per cent. Notice of taxing and service, when required by the

If the above be sold by valuation, half the above charges ; tasing officer, to be given to the solicitor or assignees ..

0 2 0

and if not sold, the expenses to be paid, and fee to the

auctioneer to be allowed at the discretion of the taxing If, in the execution of any of the business of messenger, be

officer ; or if bought in, and subsequently sold by private or bis principal assistant, or his man, be directed to travel

contract, by the negotiation of the auctioneer, half the any considerable distance, the following additional charges

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

1 0 0

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

Not above 4001... 7d. per mile for the messenger, and the lower scale of 5d.

41. per cent.

Above 4001. and under 10001. :: 31. 108. per cent. per mile for his principal assistant or man; if by water

Above 10001. and under 20001. 21. 108. per cent. conveyance, the sum paid.

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.

0 0 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

officer. For the messenger's man's time per day, when tra•

Accountant's Charges. velling

0 5 0 Ditto expenses of subsistence when travelling 7 5 0 For preparing balance-sheet, investigating accounts, Ditto travelling expenses, as per Scale for the Wit.

&c., principal's time, per day of eight hours, nesses, (see ante, p. 235), at the lower rate

including necessary affidavit

2 2 0 Bed hire for the man in possession, where there is no

Chief clerk's time

1 0 bed on the premises, per night .. 0 0 6

10 6 For summoning debtors, each debtor when required. Ő i oOther clerks' time, per day of eight hours

0 15 0 Broker': Allowance.

CRAXWORTH, C. For inventory and valuation of excepted articles, to

J. L. KNIGHT BRUCE, L. J. the extent of 201., 5l. 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,



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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 amendment. plication to the judge in court. This order may be obtained at the hearing immediately after judgment, ceeds the sum of 501., or where questions not within

III.-The jurisdiction in cases where the claim ex. when the debt appears to have been fraudulently con- 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 dwells or carries on business in the district of the Consent.]

The mude of giving this consent is by 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 agreement, in which they state that they know the dwells or carries on his business at the time of apply. title will come in question in the action. This memo

cause of action to be above the sum of 501., or that the ing, 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 not appear the court may proceed in his absence. In are then the same, and conducted in the same manner as 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

brought, are situated.

any pumber of successive periods, not exceeding forty days each,

· Replevin. until payment is enforced. Moreover, it seems the

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, a 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.]—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 bailiff to convey the body of the debtor to prison. This replevisor must then, in fulfilment of the condition of which the defendant is resident, and which is used for the plaint the plaintiff must give to the clerk a sufficient prison is the common gaol of the county or place in his bond, enter his plaint in the county court in the

district wherein the distress was taken. On entering the continement of debtors in execution under the pro- number of copies of particulars of the goods and chatcess of the superior courts, or in some other place of tels which he alleges to have been wrongfully taken. confinement in the county allowed for that purpose by A summons is then issued in the usual way, and the order of the Secretary of State. The Secretary of State case proceeds to hearing like any other elaim. A dife bas, however, in very few instances exercised his power ference resulting from the nature of the proceeding of of allowing places of confinement other than the common 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 Ịl.-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 a return, or for the Appeal-Notice. ]-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 or tions 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 to the opposite party within ten days after the deter. (Prepared and brought in by Mr. Fitzroy, Mr. Bouverie, and Viscount

ABSTRACT OF A BILL mination or direction of which complaint is made. A 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. 1. 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 doney to any other person not being a


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