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21 J.P.N. 1 (1857)

handle is hein.journals/cljw21 and id is 1 raw text is: 3/         0    0                       Vr  g
AND COUNTY, BOROUGH, POOR LAW UNION, AND PARISH LAW RECORDER.
LONDON: SATURDAY, JANUARY 3, 1857.
Jts+ 1-      eitorO.-J. A. FOOT, Esq., D. D. KEANE, Esq., AND W. C. GLEN, Esq., BARRISTERS-AT-LAW.  I  PRICE 1.9.
VOL. XX .
The Reports in the Courts will be furnished by the following Gentkmen.
Nlatouli of Karbq.. J. PATERSON, Esq., BARRISTER-AT-LAW.  NaiI Court ............H. T. COLE, Esq., BARRISTER-AT-LAW.
qtitli Cor  N. CROUCH, Esq., BARRISTER-AT-LAW.      Colmmntll  le......J. PATERSON, Esq., BARRISTER-AT.LAW.
(Courtt of 3.irbicbf S
Tyrljrqltr    WALKER MARSHALL, Esq.,                eytlJtbquer...............W. MARSHALL, Esq., BARRISTER-AT-LAW.
Gljaibrr. ...  BARRISTER-AT-LAW.                 eraeidiadtiraI  ) J. F. JOHNSON, Esq.
eroI  (nDls                                            66r Cu ..........
ltrcirbc.... D. D. KEANE, ESQ., BARRISTER-AT-LAW.  lCrItral (Criminal Z FREDERICK LAWRENCE, Esq.
OttCl'# ltrnlj...                                     (Court............ S  BARRISTER-AT-LAW.

Q6oltet    .                PAGE
Leglslativo proceedings-Retrospect and prospect  ...  1
Mr. M. l). Hill and the punishment of criminals  ...  2
Report on the discipline of the convict prisons, and
operation of the act, 10 & 17 Viet. c. 99. 1854-
1855. By Colonel Jebb, C.B., Surveyor-general of
prisons, chairman of the directors, &c.  ...  ...  7
Notices of Now Works...........................6
Miocollaheona Information. ....     ... ....   ...   9
Correspondence     ...  ...   ...   ...   ...   ...  15
List of bankrupts, &c. from Tuesday's Gazette   ...  15
IIEPORTs
Court of Ohuaneery,
Cartr v, Cropley--Vestries-Incumbent-Right
to elect-Metropolis local management acts
(18 & 19 Vict. c. 120, and 19 & 20 Vict. c. 112)  3
Court of Queen's Bench,
Powles v. Hider-Ilackney carriages-Proprietor
-Drivr-reach of contract by driver-
Stats. 1 & 2 Will. 4, c. 22, and 6&7 Vict.c.81  4
Reg. o. Clhurchwardens of St. Michael's, Southamp-
ton-Church--Curch building act-Loan-
Authority of vestry-Laches--Retrospective-
ness............................. ...       5
PRACTICAL POINTS.
Assault-Summons-Computation of im         ...   ...  10
Assault-apprehension without warrant-Police     ...  13
Burial Acts-Feces-Removal of corpse  ...  ...   ...  14
Burial Acts-Bsrial board-Surplicefor minister  ...  14
Chuchl-Pews-Diision-Chrchwardens     ..     ..  13
Corporations (Mnnicipal)-Ruilding cosacil cehoodber, dc.
-tidning streets  ...   ...   ...   ...   ...  15
Evidence-Deposition be/ore coroner-Admissibility  ...  12
Gaine- Property--Dead hare     ...  ...   ...   ...  13
Gurdianf-Teoer-Contract ..............            13
lighways--IateContribution-Turnpike road-Local
act      ...   ...   ...   ...   ...   ...   ...  10
higlways-Repair-Liabilitg by inclosure   ...   ...  11
h1ighways- Gas company-Laying pipes, &c. in roads...  14
highways-Diversion---ew road-Repair       ...   ...  15
Iighways (Turnpike)-Toll-Liability-Carriage not
pnssing through gots..........................13
Landlord and Tenant-Notice to quit-Ejiration  .    13
Larcemy-Stealing turnips-Common lands     ...   ...  12
Lunatics-Jfaintenace-Irreovable pauprr  ...   ... .10
Lunatics-faintenance-Chargeakility ...   ...   ... 13
Malicious Injuries-Rliding another's horse            9
Marriage-'alidity-Celebration in wrong district ,.,  13
Oaths-Declarations-Justice of the peace  ...   ...  11
Poor-rate-Bankruptcy-Levy on estate...    ...   ...  10
P'oor-rate-Assessmannt- tater company...  ... ...  11
Prosecution-Inforanatio-Costs-Exhumation of Lody    12
Public health Act-Local impr'ovement act---Levying
rates   ...  ............     ...    ...  ...  1
Public Libraries Act-Rate-Preliminary expenses.     10
Relief-Accident-Costs-Recovery       ...  ...   ...  12
Removal-Order-Tterporary sickness-Appeal        .   10
Removal-Bastard-Mother's death    1...  ...  ...   4
1iot-Demolition ofproperly-Recovery of damages  .   10
Settlemns t- Payment of taxes......................12
Settleuat-astard-Aye of si.cteen  ...   ...   ...  14
Setttlment-1 enting tenev ent-Joint tenants-auling...  15

Legislative proceedings-
Retrospect and prospect.
In reviewing the proceedings of the legisla-
ture during the last session, one cannot avoid
being struck with the large number of what
beau Brummell would have called his fail-
ures.  It may appear somewhat irreverend
to compare an act of parliament with a neck-
cloth. But, really the facility with which the
government tried on a variety of measures, and
then abandoned them, reminds one so forcibly
of the proceedings of the celebrated dandy,
that the comparison is almost irresistible.
Take for instance the vice-president of the
board of trade's partnership amendment bill,
and partnership amendment bill (No. 2), with-
drawn. The lord president's education bill,
withdrawn. The lord chancellor's mercantile
law amendment bill for England, swamped in a
select committee. The vice-president of the
board of trade's local dues on shipping bill,
withdrawn on second reading, and a select
committee appointed. The president of the
board of trade's agricultural statistics bill,
withdrawn. The president of the board of
healths vaccination bill, withdrawn. The
home secretary's wills and administrations bill,
withdrawn. The president of the poor-law
board's Scotch and Irish paupers removal
bill, and his poor-law amendment bill, and
poor-law amendment bill (No. 2), withdrawn.
The home secretary's London corporation bill,
withdrawn. The attorney-general's criminal
appropriation of trust property bill, withdrawn.
The lord chancellor's divorce and matri-
monial causes bill, withdrawn. 'The 'president
of the board of health's bill to amend the
public health act, lost in committee. The
lord chancellor's appellate jurisdiction of the
House of Lord's bill, referred to a select com-
mittee of the House of Commons after hav-
ing passed through the upper house, and
by that means become shelfed. There are
others, no doubt, that do not just now occur to
our recollection. But these are sufficient to
prove our case, and to show that the govern-
ment seemed rather bent on making a show of
bringing in a large number of bills, than of

passing them. The debates which grew out
of the treaty of peace and other matters in
connection with the war may perhaps have
had something to do with the result. But it
certainly is a fact that, notwithstanding the
promising appearance of things, there were
only five acts which the government could
refer to in the Queen's speech as of any great
importance, and one of those, the Cambridge
university act, is of too limited application to
be properly reckoned as a matter for national
congratulation. It is to be hoped, however,
that some of the abandoned bills will be re-
introduced in the coming session, and that the
discussion or consideration which they have
already received may prepare the way for
their more effective prosecution by and bye,
either in the same or in a modified form, as
circumstances may require. This, perhapp,
may be intended. No doubt it is so in the
case of the eight bills on criminal procedure,
and the two for the amendment of chancery
proceedings, presented by the lord chancellor
just towards the close of the session, and it
may, therefore, not be unreasonable to con-
clude that a similar course is intended to be
adopted with regard to some at least of the
others. If so, the time will not have been
altogether lost, although it would have been
more satisfactory to have been able to point
to more practical results.
Turning, however, from what has been
attempted to that which has been actually
done, we find that out of the hundred and
twenty acts passed during the last session
there is scarcely one of general application,
which can be considered as introducing any
important novelty in principle. Sir George
Grey's police bill, though doubtless important
in its consequences, was only the extension of
a system already in use in certain localities. A
similar remark applies to the joint stock com-
panies act, which was notoriously passed to
provide for the shortcomings of another act
on the same subject.  The same may be spie
of the county court amendment act, t  4  t
will readily be admitted that the am s
it introduces are of unquestionab.valuq.
After all perhaps the most original lece of
A

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