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s. 51. Notice of the time of taking petitions of appeal into consideration shall be inserted in the London Gazette and sent to the returning officers, who are to affix such notice on the county hall, &c., and any person may, at any time before the day appointed for taking such petition of appeal into consideration, be admitted to defend the right of election, &c. ss. 52. 53. When the petition shall be deemed frivolous and vexatious, the costs shall recovered by the parties who opposed such petition from the person or persons or any of them who signed such petition. s. 57. When the opposition to such petition shall be deemed frivolous or vexatious the costs may be recovered from the parties or any of them who opposed such petition. s. 58. Where the petition is not opposed, the costs shall be paid by the sitting mem-bers, or by such persons as the house shall have admitted or directed to oppose such petition. s. 59. Application for payment of costs must be made to the speaker within three months after the determination of the merits of the petition; the bills of costs to be taxed by proper officers, to be appointed by the speaker, as between attorney and client. ss. 60, 61. The costs, after demand made, may be recovered by action of debt, and the speaker's certificate of the amount shall have the force and effect of a warrant to confess judgment. s. 63. Persons paying costs may recover a portion thereof from other persons liable thereto. 8. 64. If petitioners shall neglect to pay the costs to witnesses within seven days after demand made, or shall refuse to pay the other costs within six months, the recognizances shall be estreated. s. 65. If the returning officer shall wilfully neglect or refuse to return the person duly elected, he shall be liable to an action at the suit of such person, who shall recover double damages and full costs of suit. s. 56. The act to take effect from the last day of the present session. s. 57.

Note. The other sections relate to the appointment of, and proceedings before committees.

IMPORTANT BILLS PROPOSED DURING THE LAST

SESSION.

A bill to repeal so much of any acts relating to the relief or settlement of the poor as confer settlements by hiring or service.

A bill to declare and amend the law relating to the employment and payment of able bodied labourers, from the poor rates, and for the better rating tenements under a certain annual value.

A bill to authorise barristers at law to act as solicitors in any court or jurisdiction in revenue matters.

A bill to amend the last bankrupt act, enacting (amonst other things) "That so much of the said statute as provides that no creditor who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors be hereby repealed.

A bill for remedying a defect in the titles to lands purchased for charitable purposes.

A bill for consolidating and amending the laws for facilitating the payment of debts out of real estate.

This bill passed the house of commons on the 10th of June instant. It repeals 3 & 4 W. & M., 4 Ann., and 47 G. 3. for the purpose of consolidating them and enlarging their operation, and makes a devise by a person seised in fee or having a power of appointment absolutely void against creditors by bonds, covenants, or other specialties, and gives them an action against the heir and devisee jointly; if no heir, then against the devisee solely, and makes the latter liable in either case for a false plea.

Law of evidence bill.

Tithe commutation bill.

Customary tenure bill.

Bill to afford to criminals, accused of petty felonies, the option of summary conviction by two or more magistrates.

Bill to amend the ecclesiastical jurisdiction exercised in country courts. Bill to enable persons charged with felonies to make their full defence by counsel, under certain regulations.

Bill to alter and amend act 47 G.3. c.74. to facilitate the payment of the debts of traders.

Bill for settling the rights of executors in undisposed of residues of personal estates.

This bill passed the house of commons on the 13th of June instant. In the copy, as amended by the committee, and ordered to be printed on the 21st of May last, the enactment stands thus: "That when any

person shall die after the 30th day of September, 1828, having by his or her will, or any codicil or codicils thereto, appointed any person or persons to be his or her executor or executors, such executor or executors, shall not be deemed, by courts of equity, to be a trustee or trustees for the person or persons (if any) who would be entitled to the estate under the statute of distributions in respect of any residue not expressly disposed, unless it shall appear by the will, or any codicil thereto, that the person or persons so appointed executor or executors was or were intended to take such residue beneficially”—an enactment which strikes us to be precisely the reverse of what the house intended.

A bill to alter several acts relating to contracts for the loan of money at interest.

A bill for amending the laws relating to property belonging to idiots, lunatics, and persons of unsound mind.

Bill to explain and amend the law relating to real property belonging to British subjects, and others, within the jurisdiction of his Majesty's

courts in India, and the liability of such property as assets (in the hands of executors and administrators), to the payment of the debts of deceased persons.

Bill for the better regulation of divisions in the several counties of England and Wales.

Bill to amend the laws in force relating to the stamp duties on sea insurances, on articles of clerkship, on certificates of writers to the signet, and of conveyancers and others, on licence to dealers in gold and silver plate, and pawnbroker's, on drafts on bankers, and on licences for stage coaches in Great Britain, and on receipts in Ireland.

This bill enacts, that articles of clerkship executed prior to 22d June 1825, may be stamped before the last day of Hilary Term, 1829, on paying the penalty of 5l., and also that all certificates now or hereafter to be granted to conveyancers, special pleaders, and draftsmen shall determine on the 31st October, 1828; and that each certificate henceforth shall date from, and always terminate on that day. Thus a practitioner whose certificate expires a fortnight before the appointed day, must pay 127. for liberty to practice during the intervening time, or run the risk of an information; and those who have recently taken out their licences will be defrauded of more than half the time for which the privilege they have paid for should extend. The price of a certificate being 127., or one pound a month; a scale of allowance should certainly be framed, to avoid so palpable an extortion.

A Bill to authorise the sale of game, and to alter the qualification for taking and killing game in England.

Small Debts bill, for the more easy recovery of small debts in the county courts of England and Wales and for extending the jurisdiction thereof.

The Solicitor-General has given notice of a bill to enable his Majesty's courts of law at Westminster, to sit out of Term, for the purpose of trying causes at bar. Sir James Scarlett has presented a petition for an inquiry into the state and situation of the judges' chambers, and the several public common law offices. There are also bills depending for the amendment of the criminal law in Ireland and India.

177

LAW COMMISSIONS.

Copy of Commission of Enquiry into the Law of England, respecting Real Property.

GEORGE the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith to our trusty and well beloved John Campbell, Esq., one of our counsel learned in the law, William Henry Tinney, Esq., John Hodgson, Esq., Samuel Duckworth, Esq., and Peter Bellinger Brodie, Esq., barristers at law, greeting: Whereas we have thought it expedient, for divers good causes and considerations us thereunto moving, that a diligent and full enquiry should forthwith be made into the law of England, respecting real property, and the various interests therein, and the methods and forms of alienating, conveying and transferring the same, and of assuring the titles thereto, for the purpose of ascertaining and making known to us, whether any and what improvements can be made therein; know ye, that we reposing great trust and confidence in your zeal, industry, discretion and integrity, have authorized and appointed, and do by these presents authorize and appoint you, the said John Campbell, William Henry Tinney, John Hodgson, Samuel Duckworth and Peter Bellinger Brodie, or any three or more of you, to make a diligent and full enquiry into the law of England, respecting real property, and the various interests therein, and the methods and forms of alienating, conveying and transferring the same, and of assuring the titles thereto, and that you enquire whether any and what improvements can be made therein, and how the same may be best carried into effect: and for the better discovery of the truth in the premises, we do by these presents give and grant to you, or any three or more of you, full power and authority to call before you, or any three or more of you, such and so many of the officers, clerks and ministers of our courts of law and equity, and other persons, as you shall judge necessary, by whom you may be the better informed of the truth in the premises, and to enquire of the premises and every part thereof, by all other lawful ways and means whatsoever and we do hereby give and grant unto you, or any three or more of you, full power and authority when the same shall appear to be requisite, to administer an oath or oaths to any person or persons whatsoever, to be examined before you, or any three or more of you, touching or concerning the premises; and we do also give and grant to you, or any three or more of you, full power and authority to cause all and singular the officers, clerks and ministers of our said courts of law or equity, to bring and produce upon oath before you, or any three or more of you, all and singular rolls, records, orders, books, papers or other writings belonging to our said courts, or to any of the officers within the same as such officers: and our further will and pleasure is, that you do within two years after the date of this our commission, or as soon as the same can conveniently be done, (using all diligence), certify to us in our court of chancery, on parchment, under your hands and seals, or under the hands and seals of any three or more of you, whether any and what improvements can be made in the law of England, respecting real property, and the various interests therein, and the methods and forms of alienating, conveying and transferring the same, and of assuring the titles thereto, and how such improvements (if any) may be best carried

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into effect; and we further will and command, and by these presents ordain, that this our commission shall continue in full force and virtue, and that you our said commissioners, or any three or more of you, shall and may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment: and we do hereby direct and appoint, that you, or any three or more of you, may have liberty to certify your several proceedings from time to time to us in our said court of chancery, as the same shall be respectively completed and perfected: and we hereby command all and singular our justices of the peace, sheriffs, mayors, bailiffs, constables, officers, ministers, and all other our loving subject's whatsoever, as well within liberties as without, that they be assistant to you and each of you in the execution of these presents: and for your assistance in the due execution of this our commission, we have made choice of our trusty and well beloved Charles James Swan, Esq., to be secretary to this our commission, and to attend you; whose service and assistance we require you to use from time to time as occasion shall require : In witness whereof, we have caused these our letters to be made patent. Witness Ourself, at Westminster, the sixth day of June, in the ninth year of our reign. By Writ of Privy Seal,

Crown Office in Chancery.

BATHURST.

Copy of Commission of Enquiry into the course of Proceedings in Actions, &c. in the superior Courts of Common Law in England and Wales.

GEORGE the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith: To our trusty and well-beloved John Bernard Bosanquet, Esq. one of our serjeants at law; Henry John Stephen, Esq. serjeant at law, Edward Hall Alderson, Esq., James Parke, Esq., and John Patteson, Esq. barristers at law, greeting: Whereas we have thought it expedient, for divers good causes and considerations us thereunto moving, That a diligent and full enquiry should forthwith be made into the course of proceeding in actions and other civil remedies established or used in the superior courts of common law in England and Wales, from the first process and commencement, to the termination thereof, and into the process, practice, pleading, and other matters connected therewith And that enquiry should be made, whether any and what parts thereof may be conveniently and beneficially discontinued, altered or improved, and how the same may be best carried into effect; and whether or in what manner the dispatch of the general business in the said courts may be expedited: Know ye, that we, reposing great trust and confidence in your zeal, industry, discretion and integrity, have authorized and appointed, and do by these presents authorize and appoint you, the said John Bernard Bosanquet, Henry John Stephen, Edward Hall Alderson, James Parke and John Patteson, or any three or more of you, to make a diligent and full enquiry into the course of proceeding in actions, and other civil remedies established or used in our superior courts of common law, from the first process and commence ment, to the termination thereof, and into the process, practice, pleading, and other matters connected therewith, and to enquire whether any and what parts thereof may be conveniently and beneficially discontinued, altered or improved; and what (if any) alterations amendments or improvements may be beneficially made therein, and how

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