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GAZETTES.-FRIDAY, Oct. 12.

CERTIFICATES
To be allowed, unless Cause be sheron to the contrary on or

before the Day of Meeting.
BANKRUPTS.

Edward hitcomb, Clewer-green, Berkshire, builder, Nov.5 ALFRED WATTS and THOMAS WHITMEY, South. at balf-past 11, London.-7. Toynbee, Slough, Buckingham.

ampton and Freemantle, Hampshire, carpenters, Oct. 24 shire, horse dealer, Nov. 5 at 12, London. – Epworth Tuke, and Nov. 20 at half-past 1, London : Off. Ass. Graham; Mark-lane, wine broker, Nov. 5 at half-past 1, London.Sols. Mackay, Southampton; Paterson, 7, Bouverie-street, John Williams, Gravesend, pawnbroker, Nov. 5 at 11, Lon. London.-Pet. f. Oct. 9.

don.-Wm. Thorne, Queen-st.-place, London ; Connaught. JOHN THOMAS ARCHER, Portobella-lane, Notting-hill, terrace, Edgeware-road; and Barnstaple, Devonshire, railway

Bayswater, licensed victualler, Oct. 24 at 2, and Nov. 23 contractor, Nov. 5 at half.past 12, London.-- Thomas Reed, at i, London : Off. Ass. Stansfeld ; Sols. Futvoye & Co., George-street, Mile-end New-town, bent timber manufacturer, John-street, Bedford-row,- Pet. f. Oct. 3.

Nov. 5 at 2, London.-William Dinicoodie, Swinton-street, PHILIP SLATTER, Woodstock and Kidlington, Oxford. Gray's-inn-road, draper, Nov. 5 at 11, London.-William shire, innkeeper, Oct. 31 and Nov. 23 at half past 12, Lon. Edghill Coles, Strand, dealer in waterproof clothing, Nov. 3 don: Off. Ass. Graham ; Sols. Bartlett, Abingdon ; Ford at half-past 1, London.-Isaac Brown, Tooley-street, South& Lloyd, Bloomsbury-square. - Pet. f. Oct. 10.

wark, licensed victualler, Nov. 5 at 2, London.-Job William DANIEL BENJAMIN HERTS, Sidney-square, Mile-end, Meears, Croydon, chemist, Nov. 5 at 11, London.- Joseph

commission agent, Oct. 24 at 2, and Nov. 23 at 12, London: Wyatt, Aldermanbury, wholesale stationer, Nov. 5 at halfOff. Ass. Graham; Sol. Sydney, 33, Jewry-street, Aldgate. past 1, London.-James Weller the younger, Cholsey, Berk--Pet. f. Oct. 9.

shire, wheelwright, Nov. 5 at half-past 1, London. - Richard JOSEPH LITTLEFORD, High-street, Marylebone, and Walker, Wisbeach St. Peter's, Cambridgeshire, stationer, Nottingham Mews, High-street, Marylebone, dealer and Nov. 5 at 2, London.-Wm. Paxon, High-street, Hampstead, chapman, Oct. 23 at 11, and Nov. 22 at 12, London: Off. auctioneer, Nov. 5 at 1, London. ---James Edward Mitchell Ass. Lee; Sol. Prall, jun., 19, Essex-street, Strand.-Pet. Williams, Whitstable, Kent, apothecary, Nov. 3 at 2, Lonf. Oct. ll.

don.-John Kennedy, Aldersgate-street, printer, Nov. 3 at WILLIAM WRIGHT, Loughborough, Leicestershire, miller 12, London.-William Henry Pates, Wallingford, Berkshire,

and corn factor, Oct. 23 and Nov. 13 at 10, Nottingham : grocer, Nov. 3 at half-past i, London.-Ellis Cutlan, New. Of. Ass. Harris ; Sol. Inglesant, Loughborough. ---Pet. d. port, Monmouthshire, cabinet maker, Nov. 13 at 11, Bristol. Oct. 6.

- Charles Phillips, Weston-super-Mare, and Burnham, So. ROBERT JOHN ENGLAND, Burnham, Somersetshire, mersetshire, potter, Nov. 12 at 11, Bristol. - Thomas Kitts

, and THOMAS AUGUSTUS GARRARD, St. Andrew's. Bolton, Lancashire, cotton spinner, Nov. 9 at 12, Mancheshill, Doctors'-commons, wholesale druggists, (lately carrying ter.-Jos. Jas. Brierley and Robert Arrowsmith the younger, on business at Bristol, in partnership with Thomas Penton, Manchester, silk manufacturers, Nov. 13 at 1, Manchester. under the firm or style of England, Garrard, & Co.), Oct. Edward Roberts, Stretford, Lancashire, licensed victualler, 26 and Nov. 23 at 11, Bristol : Off. Ass. Miller; Sols. Nov. 6 at 12, Manchester. - Dex Bean, Halifax, apothecary, Brittan & Sons, Bristol ; Sole & Turner, Aldermanbury.— Nov. 13 at 11, Leeds. Pet. f. Oct. 3.

To be granted, unless an appeal be duly entered. RICHARD BRIERLEY FLETCHER, Shaw Edge, Crompton, Lancashire, dealer and chapman, Oct. 26 and Nov. 16 Wilsher Aldridge, Withum, Essex, corn merchant. Thomas

Thomas Loaring Coombe, Lambeth-walk, baker.- James at 12, Manchester : Off. Ass. Hernaman; Sols. Cobbett & Wheeler, Manchester.- Pet. f. Oct. 5.

Billing, Cambridge, cooper.Samuel Warren, Gloucester,

licensed victualler.-William Walters, Chester, commission MEETINGS.

agent.--Clarinda Kilner, Walsall, Staffordshire, licensed vicJohn Jones, Manchester, machine maker, Nov. 1 at 12, tualler. - Thomas Freer, Leicestershire, wine mercbant.-A. Manchester, last ex.-Thomas Hickery, Bristol, brickmaker, Oakley, Derby, rope manufacturer.- John Scott, Nottingham, Oct. 25 at 11, Bristol, aud. ac.-Richard Morgan, Dowlais, grocer.-Henry Thompson, Ilkestone, Derbyshire, tailor.Glamorganshire, grocer, Nov. 8 at 11, Bristol, aud. ac.-John Herbert Room, Birmingbam, metallic bedstead manufacturer. Birt, Abinghall, Gloucestershire, paper manufacturer, Nov. 8 - Phæbe Wesson, Loughborough, Leicestershire, bleacher. at 11, Bristol, aud. ac.-Ellis Cutlan, Newport, Monmouth-John Thomas Robson, Derby, silk manufacturers. - Robert shire, cabinet maker, Nov. 15 at 11, Bristol, aud. ac.- Charles Lynham Courtney, West Bromwich, Staffordshire, auctioneer. Phillips, Weston-super. Mare and Burnham, Somersetshire, -John Weston, Market Harborough, Leicestershire, woollen brick manufacturer, Nov. 15 at 11, Bristol, aud. ac.-John draper. Williams, Ffynnon Groyw, Llanasa, Flintshire, grocer, Oct.

PETITIONS ANNULLED. 25 at 11, Liverpool, aud. ac. ; Nov. 1 at 11, div.- John Noble, Vohs Salmon, Brick-lane, Spitalfields, shoe manufacturer. Liverpool, shipwright, Oct. 23 at 11, Liverpool, aud. ac. ; - Nehemiah John Reed, Marlborough, Wiltshire, licensed Nov. 5 at 11, div. - Charles Warwick, Manchester, commis common brewer. sion agent, Oct. 24 at 12, Manchester, aud. ac.— Thomas

PARTNERSHIPS DISSOLVED. Wilson and Henry Corbett, Manchester and Preston, mer. Thomas Gilling and Henry Bernard, Wells, Somersetsbire, chants, Oct. 25 at 12, Manchester, aud. ac. sep. est. of Henry attornies and solicitors.-Francis Higgins and Charles Mor. Corbett.-Joshua Crowther and Wm. Dickinson the younger, ton Ricketts Chamberlain, (under the style of Higgins & Manchester, general Manchester warehousemen, Oct. 25 at 12, Chamberlain). Ledbury, Herefordshire, attornies and solicitors. Manchester, aud. ac. ---John Wilson and B.Wilson, Manches- - George Octavius Pollard and George Hollings, (under the ter, tailors, Oct. 25 at 12, Manchester, aud. ac. joint est., and firm of Pollard & Hollings), Carlton-chambers, Regent-street, aud. ac. sep. est. of John Wilson.--Betty Worsley and James attornies and solicitors. Heys, Helmshore, near Haslingden, Lancashire, cotton manu. facturers, Oct. 26 at 12, Manchester, aud. ac.—Robert Robin

TUESDAY, Oct. 16. son, Manchester, provision dealer, Oct. 24 at 12, Manchester,

BANKRUPTS. aud, ac.-Josiah Snibson, Thos. Snibson, and W'm. Snibson, Manchester, wholesale grocers, Nov. 2 at 12, Manchester, WILLIAM DENT, Newcastle-street, Strand, dealer and aud. ac.-Geo. Frederick Lillicrap, Bishopsgate-st. Without,

chapman, Oct. 30 at 12, and Dec. 4 at 11, London: Of. grocer, Nov. 3 at half.past 12, London, div.- Wm. Butcher,

Ass. Johnson ; Sols. Lawrance & Co., Old Jewry-chambers. Lichfield, Staffordshire, coach builder, Nov. 5 at half past 10, I WILLIAM BAGLEY, Fulham Fields and Dawley Wall

,

- Pet. f. Oct. 9. Birmingham, aud. ac. and div. Robert Heath, Wm. Welch, and John Heath Barber, Burslem, Staffordshire, ironmasters,

Middlesex, dealer and chapman, Oct. 29 at 11, and Nov. Nov. 5 at half-past 10, Birmingham, aud. ac. and div. sep.

29 at 12, London: Off. Ass. Bell; Sols. Smith & Son, Barest. of John Heath Barber.-Wm. Williams, Wm. Williams

nard's-inn.-Pet. f. Oct. 13. the younger, and Thomas Robert Williams, Newport, Mon-WILLIAM LONG, Oxford-street, dealer and chapman, Oct. mouthshire, bankers, Nov. 6 at 11, Bristol, fin. div. sep. ests.;

25 at 2, and Nov. 29 at 1, London: Off. Ass. Johnson; Dec. 4 at 11, joint est.-Edmund English and Edmund F.

Sol. Harris, Moorgate-street.--Pet. f. Oct. 15. English, Bath, auctioneers, Nov. 5 at 11, Bristol, fin. div.

[For continuation of Gazette, see p. 409).

CONTENTS. London Gazettes...

404 husband and trustee-Claim by representatives of Leading Article

405 wife - Residuary gift - Copyholds not included Consolidation of Statute Law-Commissioners' Report 407 therein)...

951 NAMES OF THE CASES REPORTED.

VICE-CHANCELLOR Wood's COORT.
COURT OF CHANCERY.

By MATTHEW B. BEGBIE, Barrister at Law.
By T. EDWARDS, Barrister at Law.

Somes v. Currie,-(Public company--Return of caWickenden o. Rayson.-(Inrolment of decree vacated

pitalTerms of charter controllable by the mode on the ground of bad faith)... 945 of dealing of a company).

954 Nash v. Hodgson.-(Statute of Limitations- Part pay

Fisher v. Coffey.-(Practice- Affidavits intituled in ment-Several debts : some barred, others not

wrong suit)

956 Appropriation by creditor)..

946

COURT OF QUEEN's Bench. Goodwin v. Lee.-(Devise- Mortgaged estates-De- By G. J. P. Smith and W. B. BRETT, Barristers at Law. scended estates--Exoneration)

948

Dorling, App., The Local Board of Health of Epsom, ROLLS COURT.

Resps.-(Public Health Act, 1848—Permanent By G. Y. ROBSON, Barrister at Law.

works - Part of district - Discretion of local Hooper v. Cooke.-(Rent-charge-Right of owner to

board-Special district rate- Indirect benefit to expend money in repairs) 949 occupier)

... 956 VICE-CHANCELLOR STUART'S COURT.

COURT OF COMMON PLEAS.
By T. F. MORSE, Barrister at Law.

By W. PATERSON and W. Mills, Barristers at Law, Hughes o. Paramore.-(Statute of Limitations-Open Young v. Winter.—(Bankrupt, discharge of, by ceraccount -9 Geo. 4, c. 14, 8. , acknowledgment in

tificate, from covenants—12 & 13 Vict. c. 106, writing within--General account, acknowledgment

88. 178, 200)......

960 of continuing contract to settle-Exceptions) .. 950 Lea o. Grundy.-(Separate real estate of wife-- Build

ExchEQUER CHAMBER. ings erected and mortgages created by husband with

By H. MACNAMARA and G. FRANCIS, Barristers at Law. the consent of wife- Appointment by wife to pay Bishop v. Elliott.-(Landlord and tenant-Fixturesdebts of husband and mortgages-- Discretion in

Marble chimney-pieces-Covenant in lease). 962

THE JURIST.

of the company; and there shall have been paid up by

each of such shareholders, on account of his shares, not LONDON, OCTOBER 20, 1855.

less than 20l. per centum.

5. The payment of the above per-centage shall be The Legislature having thought fit to enable certain acknowledged in or indorsed on (meaning, we presume, companies to obtain from the registrar of joint-stock acknowledged by indorsement on) the deed of settlecompanies a "certificate of complete registration with ment, and shall be verified by a statutory declaration limited liability,” and having conceived and expressed of the promoters, or any two of them. (The persons its design with more than usual imperfection, an attempt to whom the payment is to be made, and by whom it is to ascertain the scope and effect of the act, so far as to be acknowledged, are not indicated). they are ascertainable without judicial aid, may be Upon such conditions (in addition to the conditions useful to our readers. The Limited Liability Act, for obtaining complete registration under the Joint1855, (18 & 19 Vict. c. 133), gives the right to obtain stock Companies Registration Act) being complied a certificate of limited liability, on certain conditions, with, the registrar must grant a certificate of complete to all joint-stock companies (other than assurance com- registration with limited liability, panies) formed or to be formed under the Joint-stock A certificate of complete registration with limited Companies Registration Act, 7 & 8 Vict. c. 110, or liability may be obtained by a company already comunder any private act of Parliament. It does not men- pletely registered, in the following manner :tion chartered companies; and as banking companies

“ The directors of such company may, with the conare not within the Joint-stock Companies Registration sent of at least three-fourths in number and value of Act, such companies cannot obtain the benefit of the its shareholders who may be present, personally or Limited Liability Act unless they first procure an act by proxy, at any general meeting summoned for that of incorporation.

purpose, make such alteration in the name” of the comWith respect to companies seeking limited liability pany [by adding the word “limited”], the “nominal on their original formation, the conditions are

value of shares, and deed of settlement of the company, 1. The proposal to form the company with limited as may be necessary for enabling it to comply with the liability shall be stated on the returns for provisional conditions hereinbefore mentioned with respect to jointregistration,

stock companies seeking to obtain certificates of com2. The word "limited” shall be the last word of the plete registration with limited liability; and upon name of the company. [Ex. g. “ The Patent Soot compliance with such conditions, the registrar, after Bleaching Company, Limited.”]

the affairs of the company shall, at the expense of the 3. The deed of settlement shall state that the com-company, have been audited by some person appointed pany is formed with limited liability.

by the Board of Trade, and on certificate from the said 4. The capital shall be divided into shares of a no- Board that the complete solvency thereof has been estaminal value not less than 101. The deed of settlement blished on such audit to its satisfaction, shall grant to shall be executed by shareholders, not less than twenty- such company by its new name a certificate of comfive in number, holding shares to the amount in the plete registration with limited liability.” The directors, aggregate of at least three-fourths of the nominal capital with the consent of the prescribed majority of share

names.

holders, may “ make such alteration in the name, no- worthless, and all the members are liable without limit. minal value of shares, and deed of settlement” as may be Every one, therefore, who joins a company registered necessary for complying with the conditions. On this with limited liability incurs the risk of unlimited liaarises the question, how is the deed of settlement to be bility, because he cannot be assured that the due proaltered? A resolution, having the force of a clause in portion of capital was paid up before the certificate was the deed of settlement, is an alteration of the deed of granted. The case of The Eastern Archipelago Comsettlement, or at least of its provisions; but that is an pany is a document that such frauds are possible even alteration made by the meeting, and not by the direc- when the directory is filled with eminent and respectable tors. The directors are to alter the deed. It seems they cannot alter the deed which has been executed, In the Joint-stock Companies Registration Act it is for that would be to make it void. They must then expressly provided, that after execution against the prepare a new or supplementary deed. But must that company has proved unavailable, execution may issue deed be executed by all, or by three-fourths in value, against any shareholder for the time being, or against or by any of the shareholders? Who can say? The any person who was a shareholder within the last premain difficulty, however, is, to discover how the consent ceding three years. (Sect. 66). The provision for exeof three-fourths in number and value of the members cution against shareholders in the Limited Liability Act present at a meeting is to enable the directors to raise is confined to existing shareholders--and with some shew the nominal value of shares-say of 5l. each—to 101., if of consistency, since the liability to creditors is assimia single shareholder holding a single share dissents. To lated to the liability for calls, and is limited to the raise the nominal value of each share, i. e. to double the amount not paid up on the shares; and a transfer of capital and the liabilities of the shareholders, is out of shares exonerates the transferor from liability for calls the question. The shares must be consolidated. How made after the transfer. But the consequence is, that the can the single share of a single shareholder be consoli- remedy which the act professes to give the creditors of dated, even with his consent? He might as well at the company to the extent of the subscribed and untempt, unaided, to commit a riot.

paid capital may be defeated by a transfer of the shares The method of procuring a certificate of limited to a man of straw, and the winding up of a company, liability by a company established by private act is i. e. the stoppage of its proceedings, (for the metaphor the same as in the last case, except that no execution is not taken from horology)—will be effected in a very of a deed of settlement by twenty-five or any number simple and inexpensive manner. The process will be of shareholders is required; and the change to be made execution against the property of the company; return in the name, and when necessary in the nominal value of no effects; certain entries in the registers of transof the shares of the company, is not required to be fers and of shareholders; and inspection of the register

of shareholders by the creditor, from which he learns effected by altering any deed of settlement; and the cer- that the gentlemen now answerable for the whole unpaid tificate of the Board of Trade is to affirm, not only the capital of the company are, Timothy Twig, crossing solvency of the company, but also the payment of 201. sweeper, Ichabod Rip, licensed pedler, and Hans Wurst, per cent. of its nominal capital, which payment is not out of employment and ready to answer any inquiries. required to be stated or verified as in the case of com

The company will then be wound up, and dissolved—as

breath into the wind. panies established under the Registration Act.

In addition to this privilege of suing out execution The members of a joint-stock company which has so against a pauper, and the provision that the deed of obtained a certificate of complete registration with settlement shall be executed by at least twenty-five limited liability are not to be liable under any judg- shareholders, who may the next moment transfer at ment, decree, or order against the company, or for any once all their shares and all their liability to a domi

ciled citizen of Norfolk Island, there are these further debt or engagement of the company, otherwise than se

provisions for the security of creditors :verally, each to the amount of the unpaid-up portion

1. The company shall not raise funds by an increase of his shares; and this liability is only to be enforced of its nominal capital. This at least appears to be the after execution or process in the nature of execution drift of the 6th section, which enacts that no increase against the effects of the company has been issued, and in the nominal capital of the company shall be adversufficient has not been found, when the court or a judge and that no such increase shall be registered until it

tised or otherwise acted on until it has been registered, of the court from which the process issued may grant has been, not only advertised, but subscribed for, and an order for execution against any shareholder. There paid up to the extent of 201. per cent. on three-fourths is no provision for giving notice of the application to of the amount. The prohibition is enforced by a penalty the shareholder, but the Courts will probably require of 501. on each director. ten days' notice to be given, as in cases under the 68th

2. Directors paying dividends to shareholders out of section of the stat. 7 & 8 Vict. c. 110.

insolvent assets are answerable to the creditors for the The first observation that occurs upon this enactment scribed for and paid up, and is repaid in the shape of

amount so paid. But if a capital of 1,000,0001. is subis, that it only extends to the members of a joint-stock dividends while the company is not in debt, the comcompany which has so obtained a certificate of limited pany may go on trading on the reputation of possessing liability, i. e. has obtained it by complying with the the capital originally announced, without any one being prescribed conditions. There is no provision that the liable for its debts. registrar's certificate shall be conclusive evidence of ment of them; and directors assenting to any loan of

3. Security for calls is not to be considered as paycompliance with the conditions; and it follows, that if money by the company to any shareholder are liable, at the time when the certificate was granted the re- to the extent of such loan and interest on it, to the quired per-centage of capital had not been paid up, creditors of the company. This seems to be a liability though the deficiency was only 1s., the certificate is in addition to the liability of the borrower, and not

20

withstanding repayment of the loan. But though a in question in particular, it is to be presumed that the loan to the shareholders is prohibited, a gift to them in act of causing it to be printed was intended to imply the shape of dividend is not prohibited if the coinpany that it was a useful work, the publication of which had is solvent at the time.

been improperly suppressed, and of which the public 4. When three-fourths of the capital are lost or be- j ought to have the benefit. come unavailable from any cause, the company must The most convenient and effectual mode of justifying be dissolved. This injunction is not enforced by any the non-publication of this Expurgatory List in its prepenalty; and the meaning of the word “unavailable" sent state will be to institute a short examination of is left in doubt.

it, on the same principles as would be applied to the 5. The auditor or one of the auditors of the com- examination of any other publication; and it is believed pany (except in the case of a company established by that the result of such an examination will be to prove act of Parliament) must be submitted for approval to that the work which has been thus put forth to the the Board of Trade, who may appoint another in his public at a considerable expense, with the implied place.

sanction of the House of Commons, is to a great extent The other noticeable provisions of the act are, that useless for any practical purpose, and in such a state of the company shall use its name (including the word imperfection as would make its publication discreditable “limited”) on all its offices or places of business, and to any ordinary editor. all its advertisements, notices, bills, and other docu- It should, however, be distinctly stated at the outset ments; and that limited companies shall be within of these observations, that they refer. mainly to the three Winding-up Acts, of which one cannot, by any | impropriety of printing and publishing the work, and human skill, be applied to any company, and the others are not intended to impute any blame to those who are essentially inapplicable to a limited company. framed it. The justice and necessity of making this

Such is the principal Government measure of the distinction will be shewn further on; but it is prosession of 1855. Even the supporters of the design posed, in the first instance, to examine the work indedisapprove of the details of the act; but it has fulfilled pendently of the peculiar circumstances under which the object for which, by powerful influence, it was it was compiled, with which the public, to whom it is forced upon the Government; and there is no proba- presented without explanation, and consequently with bility of any amendment being attempted in the next the implied assurance that it is a complete and useful session. It enables the promoters of a company to hold work, have nothing to do. out the bait of limited liability-and, if they please, In examining a publication of this kind, the first to make sure of such limitation--and that is all that question to be asked is, what is its professed object, was desired. The theorists, and those who have no and what information is it intended to convey? The interest in the matter otherwise than as it concerns answer, it is presumed, would be, that it is intended as justice and commercial morality, will be as powerless to a book of reference to accompany the Statutes at Large, amend the act as they were to improve or to delay the and that its use is to enable a student, who is desirous passing of the bill.

of knowing whether any particular enactment is in

force or not, to ascertain the fact. CONSOLIDATION OF THE STATUTE LAW.

But, on turning to the list, it is immediately apparent, on the one hand, that it contains a large propor

tion of matter which is of no use whatever for that or EXTRACTS FROM THE APPENDIX TO THE RE. any other purpose; and, on the other hand, that for PORT OF THE COMMISSIONERS.

the uses above indicated it is extremely imperfect, and (Continued from p. 400).

to a certain extent misleading.

First, as to the useless matter. We find in the list a Observations on the Expurgatory List of Statutes," ordered by the House of Commons to be printed, on the considerable number of acts to which is merely

added 29th January, 1855. (No. 36).

a statement that they are “ local,” or a query whether

they are “public general acts.” This is no more than Although the present Statute-law Commission is not a statement of their subject-matter, and conveys no in any way responsible for the preparation or the pub- information to any one. The whole of these entries lication of the list above mentioned, and in fact never are therefore absolutely useless. They are 2468* in had anything to do with it, yet it appears desirable, for number, and fill about fifty folio pages of print, being several reasons which will appear in the course of the one-fifth of the whole work. following observations, that the Board should have some There is also a considerable number of acts inserted account of the circumstances under which it was pre- in the list to which is only added a statement that pared, and of its present condition.

they are obsolete, or a query whether they are not The list in question, as now printed, is a return to obsolete. This also conveys no new information rean address moved in the House of Commons on the specting those acts. Any one with an act before him 14th December, 1854, by Mr. Locke King, for “ an Ex- can judge for himself whether, from its subject-matter, purgatory List of Statutes prepared by Messrs. Anstey, it is not likely to be enforced in the present day; and and Rogers, late Commissioners of Statute Law;" and that, it should be remembered, is the only sense in Mr. Locke King has now given notice, that on the 19th which any act can be said to be obsolete. If there is June he will move a further resolution, to the effect, any doubt on the point, the omission or insertion of that the preparation of a Declaratory Repealing Bill, the act in this list will not solve it. These acts, entered of which the list now printed should form the ground- as obsolete, or perhaps obsolete, are 436 in number, fillwork, ought to be no longer delayed, and that such a | ing about nine folio pages. bill ought to be forthwith directed to be prepared by Again: there is a large number of acts inserted in the the Statute-law Commissioners, for the purpose of being list to which is only added a statement that they are laid before Parliament."

expired, or a query whether they are not expired. But No one acquainted with the history of the late Sta- it is no information to any one to tell him that an act tute-law Board of 1853-4, and with the circumstances under which these and other motions have been brought

* This and the following statements of numbers are taken before Parliament, can doubt that the intention of these from the joint minute by Messrs. Anstey and Rogers, giving motions is to express dissatisfaction with the proceed- an account of the contents of their Espurgatory List, which is ings of the late Board, and want of confidence in the printed in the First Report of the late Statute-law Board, present Commission; and with respect to the list now p. 109.

20

of which the subject-matter is temporary, or which is under examination may be said to be repealed, though passed for a fixed time only, is expired. That is appa- it is evident that it is often important to know when rent on the face of the act, or, (as was observed with an act was first repealed. respect to obsolete acts), if there is any doubt on the 6. That in many instances the references to the repoint, the statement that there is a doubt will not pealing acts are so vague as to convey scarcely any help to solve it. What a student wants to know with information. Thus, in the first page of the list we respect to acts originally temporary is, not whether find it stated that one act is obsolete—"since Wills they have expired, but whether they have since been Act, &c.;" that four others are virtually repealed by continued or made perpetual. The acts entered as ex- “6 Geo. 4, c. 50; 3 & 4 Will. 4, cc. 27, 105, 15 & 16 pired, or perhaps expired, amount to 4287, and occupy Vict. c. 76, &c.;” and that another is virtually repealed about 85 folio pages, being more than one-third of the by “15 & 16 Vict. c. 76, and other law amendment whole bulk of the work.

acts;" and in the last page we find that three acts are It appears, then, in the first place, that out of the repealed by “Mr. Wilson's Bill,” and that another is 12,615* entries and 248 pages of which this work con- expired since some act of the 16 & 17 Victe, without sists, 7191 entries and 144 pages, or about three-fifths naming the chapter. of the whole work, are mere waste of paper and print. 7. That a" query” is prefixed to a considerable num

The residue, though by no means without utility, is ber of the entries, indicating both that no reliance is to defective to a most serious extent; and though it may be placed on the particular statement, and that the be said, that if a work is useful, it is not just to object whole work is in an unfinished condition, and intended that it might have been made more useful with a larger to undergo a revision which it has not received. expenditure of money, time, and labour, yet it will be With respect to the accuracy of the entries in this admitted that the public is entitled to expect in every list, no opinion can properly be ventured on without published work, as implied by the act of publication, a much more complete examination of it than has à certain amount of completeness and fulfilment of its hitherto been attempted; but that it does contain some apparent promise ; and that, if these be wanting, some inaccuracies is certain. The following have been obdiscredit must fall upon those who are responsible for served in the course of some occasional references to causing it to be published.

the list :The parts of this Expurgatory List which now come

(1). The 4 Edw. 4, c. 8, is stated to be revived in under consideration are the entries of those acts which

part by the 7 Jac. 1, c. 1. This should be have been repealed or superseded by subsequent legis

7 Jac. 1, c. 14. lation, with references to the acts by which they are (2). The act 7 Jac. 1, c. 14, is entered as obsolete, repealed. A chronological list of this kind is undoubt

and it is added in a note, that it “escaped the edly useful as a work of reference; but it is hardly

repeal intended for it by 6 Geo. 4, c. 105," necessary to add that its utility must depend in a

by being there erroneously described as of great measure on the confidence with which it can be

James the Second. But in the repealing act of used by the public, and that it is not likely that such

George IV, though it is true that it is referred confidence will be accorded to a work of an evidently

to as an act of the seventh year of James II, incomplete nature.

yet it comes in its proper chronological place The imperfections of this list of repealed statutes

between an act of Elizabeth and an act of are

Charles II, and it is unequivocally identified 1. That it includes only those statutes which affect

by a reference to its subject matter, the repeal England.

so much of an act passed in the 2. That it includes only the acts styled “general,"

seventh year of the reign of King James II as though the distinction between those and others is little

enacts that no person or persons whatsoever more than arbitrary in many cases.

shall send English horns unwrought over the 3. That it includes only those acts of which the

sea ;" and it is therefore conceived that the whole is now repealed, though it is just as important

terms of the act 6 Geo. 4, c. 106, are fully suffto know whether any given section of an act is repealed

cient to effect the repeal of the act 7 Jac. 1, or not.

c. 14, and that the principle of construction 4. That where an act has been repealed by the ope

suggested in the list is erroneous. ration of several acts, there is in many cases no indica- (3). The Toleration Act of the 1 Will. & M. st. 1, tion of which parts of the repealed act are affected by

c. 18, is stated to be either obsolete or virtually the several repealing acts mentioned; for instance, a repealed by the 62 Geo. 3, c. 155. The prostudent desirous of knowing whether a particular sec

priety of this entry is, however, very question of the 23 Geo. 2, c. 26, is in force or not, will find,

tionable. The act in question is generally on turning to this list, that the whole act, in the judg

considered to be still in force for some purment of the authors, is either expired, or obsolete, or

poses. The act of 52 Geo. 3, c. 155, though repealed; and if repealed, repealed either by the 14 no doubt superseding many of its provisions, Geo. 3, c. 91, or by the 6 Geo. 4, c. 125, or by the 7 & 8

refers to it in a way which is rather a conGeo. 4, c. 27, or by the 1 & 2 Vict. (local), c. 8, or by

firmation than a repeal, and it is referred to the 6 & 7 Vict. c. 73; but which of these statements

as an act still in force by the 15 & 16 Vict. refers to the section about which he desires informa

c. 36. Its 18th section contains a general tion he is left to find out for himself as well as he

enactment which does not appear to be alto

gether superseded by the 12th section of the 5. That in the cases (which frequently occur) of an

52 Geo. 3, c. 155; and moreover, as the lastact being repealed in terms, or superseded, by several

mentioned act expressly excepts Quakers, it acts of different epochs, it appears to have been thought would appear that the whole of the act of sufficient to name any act by force of which the act

William and Mary continues in force with * In the joint minute by Messrs. Anstey and Rogers,

respect to them. already referred to, it is stated, (p. 109), that the number of

(To be continued). acts in the Expurgatory List is 10,047; but as the list now printed evidently much exceeds that number, it is presumed that the 2468 acts “ of a merely local or personal application" The Queen has been pleased to appoint Thomas were not included in the number of 10,047, though they appear Chisholm Anstey, Esq., to be her Majesty's Attorney. in the list.

General for the colony of Hong Kong.

being of “

can.

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