The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-29 00:00:00

THE BRITISH PRESS.

the year; and if he could accomplish that, his efforts could not be
said to be thrown away. He said also that some of the parish nin-
ney might receive a more equitable direction.
The letting then separated.
111 r. Hunt, although he received much opposition during the
business, and retorte.l most readily and !sharply, seems to be a wel-
Mle inhabitant of the pariah.

PARLI.IIIENTARY PAPERS.

EXTRACTS FROM THE CHANCERY REPORT.

[Continued from our l'aper of yesterday.]

PROPOSITIONS.
130. That if, after the tiling of a bill by any executor or admi.
nistrator for the administration of the assets of his testator or Mtn-
tate, or after a subpecna served upon any executor or administrator,
upon a bill filed by any other person, for the administtation of the
meets, such executor or administrator shall make any payment to
any creditor of his testator or intestate, which shall operate to the
prejudice of any other creditor of equal degree, then to the extent
to which such payment shall so operate to the prejudice of any
other creditor of equal degree, the same shall be disallowed by the
Master of this Court, before whom the accounts of such executor
or administrator shall be taken.

131. That, after the institution of any suit for the administra-
tion of the assets of any testator or intestate, the executor or ad-
ministrator may apply to the Court for an injunction to restrain the
proceeding of a creditor at law. although no decree has been pro-
nounced in the suit ; such executor or administrator supporting his
application by an affidavit. stating the actual balance in his hands
in respect of the estate to he administered, and submitting to the
immediate payment of such balance into Court, and to an imme-
diate decree for an account, if the Court shall think lit so to
order.

132. That if an executor or administrator, after the institution of
any suit for the administration of assets, omit to apply for the pro-
tection of the Court, afforded by the preceding proposition, and
shall suffer a creditor to proceed to judgment and execution at law,
such executor or administrator, on nesting his account before the
Master, shall not be allowed the costs of such prcceeding at law,
nor the amount of ouch execution, an far as the same exceeds the
proportion of debts which other creditors of equsl degree will be
entitled to under the decree.

133. That in all cases it shall be in the discretion of the Court,
having regard to the circumstances of the assets, to allow or dis-
allow interest from the date of the report, to creditors whose debts
do not in their nature carry interest.
134. That, for the purpose of enabling all persons to obtain pre.
else information, from time to time, as to the state of any cause or
other matter respecting which they are interested and may be de-
sircitis of being informed, and in order to give them an opportunity
to watch the different proceedings therein. and to take the means of
preventing improper delay in the progress thereof, any person,
whether a party or not in the particular suit or matter inquired
after, shall be enth led to apply to any Clerk in Court for a certifi-
cate from the Six Clerks office, specifying therein the dates and
description of the several proceedings which have been taken in
such suit or other matter, in the Six Clerks Office ; and it shall be
the duty of the Clerk in Court, to whom such person shall so
apply, whether he be or not concerned as Clerk in Court in the
cause or matter inquired after, forthwith to procure such certificate,
and to deliver it to the person so applying, upon receiving the sum
of 3s. dd.for the same, and no more.

135. That where a bill is filed fur an amount, and the defendant
has put in his answer, submitting to account there, if the plaintiff
afterwards desert his .434, so u to entitle the defendant to dismiss
the bill for want of prosecution, the defendant, if he think fit. In-
stead of dismissing the bill, may apply to the Court, upon motion
or petition, for a uecretal order for the account; and the defendant
shall in all respects proceed upon such decretal order, if the Court
thinks fit to make it, as if his proceeding were under a decree at
the hearing.
136. That where, upon a bill filed for an account, the cause is
set dawn for hearing, there, if the plaintiff do not appear at the
hearing, the defendant, instead of dismissing the hill, may apply
to the Court for a decree fur an account, and if the Court shall
think fit to make such decree, the defendant shall proceed under
the same, in all respects as it the decree had been obtained by the
plaintiff.
. . .

137. That wherever, after answer, it is apparent upon the plead-
ings, that some certain decree Must necessarily be made at the
hearing, thee, without further proceeding being had, the Court may
in ha discretion make an order to the effect of the decree which
would be made at the htaring, if the cause were regularly prose-
cuted, upon the summary application of any party to the suit, or
of any person directly interested in the suit, although not a party
thereto, as a creditor or legatee where the suit is fur the a Iminis-
tration of assets.

138. That when all the answers in ■ cause are filed, it telall be
competent to the Court, if' it shall deem it expedient, by interlocu-
tory order, made upon the motion of any party, to direct any in-
qutry as to the matter of the cause, or any accounts in the cause, in
order that, pending the making of such inquiry, or the taking of
such accounts, the plaintiff may proceed in the preparing the cause
for hearing ; and that, it the Matter's reprot shall be made before
the cause shall come on to be heard, it may at the same time be
heard upon the subject of the said report, as well as upon other
matters in issue.

139. That, it being in the power of the" Court to order a further
argument where it ►hall appear expedient, no more than two Coun.
ad shall be heard for each party, in any cause or other matter, un-
less there be two or more defendants in the same interest, and there
each of such defendants shall be at liberty to name one Counsel,
and no more ; and the present practice of not allowing, in the taxa-
tion of costs as between party and party, the costs of two Counsel,
where both are selectee! from the outer bar, shall no longer obtain.
140. That whenever, upon the hearing of any matter in any suit,
or upon any petition, it shall appear to the Court that the case can.
not conveniently proceed, by reason that a solicitor for one of the
parties is not present, nor any proper person in his behalf, or by
reason that papers which are necessary fbr the use of the Court
have not ken deltvereel, according to the practice of the Court.
there the solicitor making default shall personally pay to all or
any of the parties such costs as the Court, in its discretion, shall
think fit to award.

141. That the sworn Clerks of the Court, and the waiting Clerks, I
be no longer allowed to claim any fey for attendances in Court,
upon any day or days when a cause shall be in the paper forbear-
ing, or when a cause, appeal, re-hearing, further directions, plea,
demurrer, or exceptions, shall be in hearing, or In the paper after
haring been part heard.
142. That, as the taxation of costs by the Masters necessarily '
occupies a considerable portion of their time, whirl, from the in.
creased duties proposed to be thrown upon them, will be mote
beneficially employed in other matters, it is expedient that the
Masters should from henceforth cease to be the officers far the tax-
ation of costs, except as to the costs of approving and appointing
receivers, managers, and consignees and committees of lunatics' es.
tates, and of passing their respective accounts.
143. That it in expedient that the taxation of all other costs
should be transferred to the Six Clerks in Chancery, whose time is
not fully occupied by their present employment, and who, upon
being relieved from all attendance in Court, will be adequate to the
discharge of this new duty.
141. That for the relief of the Six Clerks. one of the entering
Registrars do at all times attend the Lord Chancellor's court,
during its sitting, for the purpose of publicly reading to the Court
depositions, deeds, documents, and papers, as OCCAI•1012 may re-
quire : and that the other entering Registrar do, in like manner,
attend the Vire Chancellor's court, during its sitting, for the same
purpose ; and that one of the Secretaries or causes at the Rolls do in
like manner, and for the same purposes, attend the Court of the
Master of the Rolls during its sitting.
145. That, inasmuch as several of the present Six Clerks are
either far advanced in years, or of infirm health, and may not be
equal to the great additional labour which will be thrown upon
them by the duty of taxing costs, it appears to be reasonable that
they should be permitted to retire from such offices, and the other
minor offices which have been constantly held therewith, upon
being allowed mutual provisions (during the terms of their lives),
equivalent to :heir emoluments, taken on an average of the last
three years.
146. That the Lord High Chancellor, the Master of the Rolls,
and the Vice-Chancellor. do take into consideration the alterations
here proposed, in the offices of the Six Clerks, and entering Re.
gihtrnis, and Secretaries at the Rolls, and do thereupon suggest
what shall appear to he reasonable with respect to the future emo-
luments of these officers.

147. That the same rule which is now applied in the taxation of
costs, as between solicitor and client, be applied also in the taxa-
tion of costs as between ring and party; unless, in the case of
coats between party and party, any of such costs shall appear to
have been unnecessarily or unreasonably incurred.
140. That upon all orders titr payment of costs, or where a party
is entitled to costs, according to the course of the Court, there the
party to pay the coats shall, at the same time, also pay the further
colts occasioned by the process to enforce the payment of the costs ;
the amount of such furher costs being certified by the Clerk in
Court of the party to receive the coats.
149. That where a writ of execution of a decree or order iv duly
Issued, the party charged by the decree or order shall, In all cases,
pay the costa of the writ of execution, although it shall not become
necessary to issue an attachment to enforce obedience thereto, such
costs to be certified by the Clerk in Court of the party to receive
the same. . _

10. That in all cages where an order nisi is made, that a person
named do stand committed. unless he do an act specified, there
the costs of such order nisi shall be paid by such person, although
he does the act in obedience thereto without further order, and
whether such person be or not a party to the suit, such costs
to be certified by the Clerk in Court of the party to receive the
same.
151. That the penal sum in the bond given as a security to an.
swer arms, in a suit where the plaintiff's"' out of the jurisdiction of
the Court, shall he increased from 441/. to 1001.
152. That whenever costa arc ordered to be paid by n person
who is not a party to a cause, or where an order is made in bank-
ruptcy for the payment of costs, there the psyment of such costs
shall be enforced by subpoena and attachment, in like manner as
the payment of costs is enforced against a party to a cause.
158. That the deposit upon exceottuns to the Master's report
shall be increased from M. to 10!. to be paid m the adverse party,
if the exceptions areover-ruled, and in such case the o<eeptant ohs!l
also pay such further sum as the costa occasioned by ilic exceptions
shag amount to upon taxation, unless the Court shall think tit to
make other order to the contrary: but in case the acceptant shall in
part succeed upon his exceptions, then the deposit shall ba dealt
with as the Court a3tali direct.
Lit That the deposit made upon appealing from any decry: or

(inlet of the Court, or upon obtaining a re-hearing of any decree or
order of the Court, shall be increased from 101. to 201. to be paid to
the adverse party when the decree or former order is not varied In
any material point, together with such further sum, an the costs oc-
casioned by the appeal or rehearing shall amount to upon taxation,
unless the Court shall think fit to make other order to the contrary.
155. That where a person is in prints) for disobedience of an
order of the Court, directing hint to execute some deed or other in.
ntromenr, there the Court, upon motion or petition, supported by an
affidavit that such person upon application duly made to him,
after he had been not lent, than one week in custody, has again re-
fused to obey such order, oh All, if it think tit, authorize one of the
Alesters of the Coon to execute such deed or other instrument, for
and in the name of such person, and the Master so executing the
sante shall note tinder the name of the party so signed by him, that
such deed or other instrument was executed by him, in pursuance
of the sutho-ity given to him by the said order, and a copy of such
order shall he endorsed on the said deed or other instrument, and
the execution of the said deed or other instrument by the said Mas-
ter, shall in all respects have the same force and validity as if the
same had been executed by the party himself; and Mandiuch as the
order of the Court dire•;ting the execution of such deed or other in-
strument, may be appealed from, such deed or other instrument
shall, after the name in executed, be impounded with the Master
until the further order of the Court t and on the day of its execs•
tins notice thereof shall be given by the adverse solicitor, to the
party in whose name the same is no executed, who, upon applies.
tion to the Court, and payment or tender of the costs of his con.
tempt, shall thereupon be discharged out of custody.
156. That where a party obstinately retains posse/Won of lands,
or other real property, after a writ of executinu of an order for deli-
very of possession has been duly sesyed, and demand of possession
made, and upon an affidavit of suer ---,vice of the writ of execution
and of such demand made thereunder, AO a refusal to comply
therewith on the part of the person agahret whom the writ issued,
the party looting it be at liberty to iAlie not only the attachment
for breach of such writ, but also the writ of assistance ; and that the
intermediate writ of injunction further commanding the party to
deliver possession, be unnecessary.
157. That no Counsel do prepare or settle a bill vrithnut written
instructions from the solicitor ; and that the s;gnatdre of Counsel to
a bill he in future considered as a certificate that, assuming
the instructions to be correct, it is not unfit that a bill should be
filed.

•
130. That where the same solicitor is employed for two or more
defendants, and separate answers are filed, there, upon taxation of
such solicitor's bill, whether between solicitor and client, or between
party and party,the taxing officer shall judge of the propriety of the
solicitor's conduct in this respect, and shall allow or disallow ac-
cordingly the costs of such separate answers; and his decision
thereupon shall be final.
159. That in all cases where a person, who is not a party. ap-
pears upon any proceeding, whether in a cause or any other matter,
there service upon the solicitor in London, by whom he appears,
whether such solicitor act as principal or as agent for a solicitor in
the country, shall be deemed good service on such party, unless
in matter or contempt.
160. That there be, at least, two clear days between the time of
service of the notice, and the day of hearing of every special mo-
tion ; and at least two clear days be:ween the time of service and the
day of hearing of every petition.
161. That in all eases of orders nisi to confirm reports, the same
shall be served on the clerk in court without order, and that such
, orders nisi may be obtained upon petition, as well as by motion.
162. That the order nisi for dissolving the common injunction
may be obtained upon petition as well as upon motion ; and that
such order be served two clear days before the seal.
163. That, where a plaintiff reads any part of the answer of the
defendant, as evidence, there the defendant shall be entitled to
have also read as evidence any other part of his answer, which ex-
plains or qualifies the passage read by the plaintiff, although it be
not grammatically connected as a member of the same .entence ;
but, if such explanation or qualification, whether connected or not
as a member of the same sentence, affirms a fact, the defendant
shall not have the benefit of such fact, in evidence, without prov-
ing the sante ; unless it appear, upon the answer, that, under the
circumstances, such fact is not capable of proof; it being under-
stood that this rule does not prejudice the present right of the
Court to refer to the whole answer; or the present right of the de-
fendant, in certain proceedings, to have the whole answer read to
the Court.

114. That the present rule, that the Courts of Law cannot, on
an action at law, award a commission for the examination of wit.
nesses who are resident abroad, unless the party not seeking the
commission co,rsents to the application, and the necessary conse-
quence that the party desiring such commission is compelled to
resort to a Court of Equity, in order to obtain it, where the other
party does not give his consent appears to us to occasion delay
and expense, which may well be avoided ; anti that in future, tit'
Judges at Law should be invested with full authority, at their dis-
cretion, to award such commission, at the request of plaintiff or
defendant, although the other party do not consent thereto; and
that such commission should no longer be 'wattled by Cot.rts of
Equity, unless in cases where the actual purpose of the bill is to
obtain a discovery also; and such purpose shall be verified by an
affidavit, to be annexed to the bill.

105. That when and as often a* it shall appear expedient to the
Lord High Chancellor or Lord Keeper, m respect of the weight
and pressure of business depending• in the Court of Chancery, it
shall be lawtul for the Lord High Chancellor or Lord Keeper,
upon any application duly made for the writ of Habeas Corpus, to
award and grant such writ accordingly, and to make the same
returnable before any one of his I%lajesiy's Justicet. either of the
one bench or of the other, or before any one of the Barons of the
Exchequer; and the Justice or Baron before whom the said writ
is made returnable, shall proceed therein, in the same manner as
if the said writ had been awarded or granted by such Justice or
Baron.

tro be eolith:lied.)
ABDUCTION.

TO THE EDITOR OF THE BRITISH PRESS.
St consequence of the misapprehension which
exists relative to the punishment which may be inflicted
for an offence of the above nature, I beg to put your readers
in possession of the following statement :
By stat. 3 Hen. VII. cap. 2, it is Enacted, " that if any
person shall, for lucre, take any woman, being maid,
widow, or wife, and having substance either in goods or
lands, or being apparent to her ancestors, contrary to her
will, and afterwards she be marled to such misdoer, or by
his consent to another, or defiled ; such person, his procu-
rers and abettors, and such as knowingly receive such
woman, shall be deemed principal felons." And by stat. 39,
Eliz. cap. 9, the benefit of clergy is takcu away from all
such felons as shall he principals, procurers, or accessaries
hejhre the fact. In the construction of this statute, it has
been determined, first, that the indictment must allege that
the taking was for lucre, for such are the words of the sta-
tute ; 1 Hawk. P. C.,e. 42. Secondly, In order to sheer
this, it must appear that the woman has substance either
real or personal, or is an heiress apparent; I Hal. P. C.
660 ; I Hawk. P. C. 42. Thirdly, It must appear that
she was taken against her will. Fourthly, It must also
appear that she was afterwards married or defiled. And
though possibly the marriage or defilement might be by
her subsequent consent, yet it is felony if the first taking
were against her will ; 1 Hal. P. C. 660. And so, 1 con-
versa, if the woman be originally taken away with her own
consent, yet if she afterwards refuse to continue with the
offender, and be forced against her will; she may from that
time as properly be saitljto be taken against her will, as if she
had never given any consent at all; fur, till the force was
put upon her she was in her own power ; I Hawk. I'. C.
42. It has been held that a woman thus taken away and
married, may be sworn and give evidence against the of-
fender, though he is her husband de Nero, contrary to the
general rule of law, because he is no husband de jure. in
case the actual marriage was also against her will. I Hal.
P. C. 661; Cro. Car. 488.
I have given you the cases nearly in the words I find
them in the antlioritie#, thinking, from a case which has
recently occurred, that they may be interesting to some of
your readers.
I am, Sir, yours obediently.
Temple, 28th March 1826. STUDENB.