New Bills in Parliament. duly signed by or on behalf of the person who enters the same, together with his place of residence, and the ground of objection on which his caveat is founded, no license shall be granted by the Superintendent-Registrar till the said caveat be disposed of in like manner as a caveat against granting a license of marriage by any ordinary, or until the caveat be withdrawn by the party who entered the same. 11. That every person who shall enter a caveat with the Superintendent-Registrar against the grant of any license, on grounds which the Court by which the same shall be tried shall declare to be frivolous, and that they ought not to obstruct the grant of the license, and every person, not being the parent or guardian of either of the parties intending marriage, who shall enter a caveat with the Registrar against any marriage, shall be liable for the costs of the proceedings in each case, and for damages to be recovered in a special action upon the case by the party against whose marriage such caveat shall have been entered. 317 gistry of any building for the celebration of marriages therein, it shall be made to appear to the satisfaction of the Registrar-General that such building has been disused for the public religious worship of the congregation on whose behalf it was registered as aforesaid, and that the same congregation use instead thereof some other such building for the purpose of public religious worship, the RegistrarGeneral may substitute and register such new place of worship instead of the disused building for the celebration of marriages therein, although such new place of worship may not have been used for that purpose during one year then next preceding; and every appli-. cation for such substitution and registry of a substituted building shall be made to the Registrar-General through the Superintendent Registrar of the district, and when made, shall be made known by the Registrar-General to the Superintendent-Registrar, who shall enter the date of such substitution in the book provided for the registry of such buildings, and shall certify and publish such substitution and registry, in manner hereinbefore provided in 12. That any proprietor or trustee of a sepa- the case of the original registry of the disused rate building, certified according to law as a building; and for every such substitution the place of religious worship, may apply to the Superintendent-Registrar shall receive, at the Superintendent-Registrar of the district, in or- time of the delivery of the certificate from the der that such building may be registered for party requiring the substitution, the sum of the celebration of marriages therein, and in five pounds, which shall be accounted for by such case shall deliver to the Superintendent-him to the Registrar-General; and after such Registrar a certificate, signed in duplicate by twenty householders at the least, that such building has been used by them during one year at the least as their principal place of public religious worship, and that they are desirous that such place should be registered 14. That marriages may be celebrated in as aforesaid, each of which certificates shall any such registered building between and by be countersigned by the proprietor or trustee any persons, according to such form and cereby whom the same shall be delivered, and the mony as they may see fit to adopt : provided Superintendent-Registrar shall send both cer- nevertheless, that every such marriage shall be tificates to the Registrar-General who shall celebrated with open doors, between the hours register such building accordingly in a book to of nine in the forenoon and three in the afterbe kept for that purpose at the General Regis noon, in the presence of the Registrar of the ter-office, and the Registrar-General shall en district, to whom notice of the intended mardorse on both certificates the date of the regis-riage was given as aforesaid, and of two or more try, and shall keep one certificate with the credible witnesses provided also, that in some other records of the General Register-office, part of such ceremony, and in the presence of and shall return the other certificate to the the Registrar and witnesses, each of the parSuperintendent-Registrar who shall keep the ties shall say to the other "I call upon these same with the other records of his office; and persons here present to witness that I, A. B., the Superintendent-Registrar shall enter the do take thee, C. D., to be my lawful wedded date of the registry of such building in a book wife [or husband]," and for every marriage to be furnished to him for that purpose by the which shall be solemnized under this act in Registrar-General, and shall give a certificate the presence of any Registrar he shall be enof such registry under his hand, on parchment titled to have from the parties married the or vellum, to the proprietor or trustee by sum of and also to be allowed and whom the certificates are countersigned, and paid to him, in like manner as his fees for shall give public notice of the registry thereof, registering births and deaths, the sum of one by advertisement, in some newspaper circula- shilling for registering the same as hereinting within the county, and in the London after provided." Gazette, and for every such entry, certificate, 15. That any person who shall object to and publication, the Superintendent-Registrar marry under the provisions of this act in any shall receive at the time of the delivery to him such registered building, may contract and of the certificates the sum of five pounds, which celebrate marriage at the office and in the shall be accounted for by him to the Registrar-presence of the Superintendent-Registrar of General. the district, and in the presence of the Regis13. That if at any time subsequent to the re-trar and two witnesses, with open doors, and substitution shall have been made by the Registrar-General it shall not be lawful to solemnize any marriages in such disused building, unless the same shall be again registered in the manner hereinbefore provided. : between the hours aforesaid, using the form of | either according to the rites of the Church of words herein before provided in the case of marriage in any such registered building: provided always, that no such marriage before the Superintendent-Registrar shall be by license, and for every such marriage the Superintendent-Registrar shall be entitled to have a fee of ten shillings. England, or under any provision of this act (except by special license) within the time herein provided to elapse between the certificate of notice of intended marriage to be given by the Registrar and the celebration of such marriage, shall be guilty of felony, and shall be transported beyond the seas for fourteen years; provided that all prosecutions for such felony shall be commenced within three years after the offence: provided also, that no person who shall solemnize any marriage according to the provisions of this act shall be liable to any of the penalties imposed by an act passed in the fourth year of his late Majesty King George 4, entitled, " An Act for amending the Laws respecting the Solemnization of Marriage in England," on such persons as should solemnize matrimony otherwise than accord 16. That the Registrar shall forthwith register every marriage celebrated in manner aforesaid in his presence, in a marriage register-book to be furnished to him for that purpose by the Registrar General, according to the form provided for the registration of marriages by an act made in this present session of Parliament, entituled "An Act for Registering Births, Deaths, and Marriages in England," or as near thereunto as may be and every entry of such marriage shall he signed by the minister or other person by or before whom the marriage was celebra-ing to the provisions of the last recited act. ted, and by the Registrar, and also by the par- 22. That if any persons, under colour of this ties married, and attested by such two witnesses; act, shall with the knowledge of both parties, and all such marriage register-books, and cer- intermarry otherwise than according to the tified copies thereof, shall be sent to the Su- rites of the Church of England, as by law esperintendent Registrar, and dealt with in all tablished, in any place other than a building respects as registers of births and deaths un-registered as aforesaid, or the office of the Suder the provisions of the said act for register-perintendent Registrar, or without license, in ing births, deaths, and marriages. 17. That after the celebration of any marriage under this act, it shall not be necessary, in support of such marriage to give any proof of actual dwelling of the parties previous to the marriage within the district wherein such marriage was celebrated, for the time required by this act, nor shall any evidence be given to prove the contrary in any suit touching the validity of such marriage. 18. That every marriage celebrated under this act shall be cognizable in like manner as marriages celebrated before the passing of this act, according to the rites of the church of England. case a license is required under this act, or in the absence of the Registrar, and if any persons, with the knowledge of both parties, shall intermarry either according to the rites of the Church of England, or under any provision of this act (except by special license), without due notice to the Registrar, the marriage of such person shall be null and void. 23. That if any valid marriage shall be had under the provisions of this act, by means of any wilfully false oath, certificate, or declaration, made by either party to such marriage, as to any matter to which an oath, certificate, or declaration is herein required, it shall be lawful for his Majesty's Attorney General or 19. That it shall be lawful for the Registrar Solicitor General to sue for a forfeiture of all before whom any marriage is celebrated ac- estate and interest in any property accruing to cording to the provisions of this act, to ask of the offending party by such marriage, and the the parties married the several particulars re-proceedings thereupon and consequence therequired to be registered touching such marriage; and every such person who shall refuse, or without reasonable cause neglect, to answer according to the best of his or her belief, shall forfeit and pay a sum not exceeding fifty pounds. 20. That every person who shall wilfully make any false oath or declaration, or who shall knowingly sign any false certificate required by this act, for the purpose of procuring any marriage, shall be deemed guilty of perjury, and punished accordingly. 21. That every person who shall knowingly solemnize matrimony under colour of this act, otherwise than according to the rites of the Church of England, as by law established, in any place other than a building registered as aforesaid (except the Superintendent Registrar in his office), or in the absence of the Registrar of the district, or at any other time than between the hours of nine in the forenoon and three in the afternoon; and every person who shall knowingly solemnize matrimony, of shall be the same as are provided with regard to marriages solemnized by license before the passing of this act, according to the rites of the Church of England. 24. That this act shall extend only to England, and shall not extend to the marriage of any of the Royal Family. I,John Cox, Registrar of the district of Stepney, do hereby certify that I have duly entered in the Marriage Notice-Book of the said district the notice delivered to me of the marriage in-4 tended between the parties herein named and described (that is to say), Sendeth greeting. Given under my hand, this of day one thousand eight hundred A. B., (Signed) Superintendent Registrar. THE PROPERTY LAWYER. ACKNOWLEDGMENT OF A MARRIED WOMAN. By the following case, Ex parte Hutchinson, Talfourd, Serjt., moved that the clerk of Tindal, C. J.-Under the words, "All and every notarial act and acts which any notary public is by law empowered to do," we may fairly include the certifying to the handwriting and authority of the party taking the affidavit of acknowledgment. I do hereby grant unto you full licence, according to the authority in that behalf given to me by the same act, to proceed to celebrate such marriage, and to the Registrar of the Rule accordingly.—In re Trustees of Bardistrict of to register such marriage according to law; provided that no impedi-ber, 2 Bing. 268, N. S. ment of kindred or alliance shall appear, nor any other lawful hindrance to the said marriage; provided also, that the said marriage be publicly solemnized in the presence of the said Registrar, within three calendar months from the date hereof in the [here describe the building in which the marriage is to be cele brated, according to the registry thereof, be 320 Examination of Attorneys: ON THE EXAMINATION OF ATTORNEYS. attending those useful institutions, public law lectures. If it be not considered advisable to make this imperative, it would at WE beg particularly to recommend the fol- all events be well to hold out some inducelowing letter on this subject to the attentionment, and examine with less strictness, those of our readers : who have obtained a certificate of compe-, tency from a professor. To the Editor of the Legal Observer. Sir, The alarm and dismay which the Rule of last Term has spread among the embryo attorneys, is in truth exceedingly amusing, and in itself an argument-were, indeed, argument wanting-in favour of the intended examination. The form of examination is however a matter of importance; and the Profession looks to your valuable journal for the earliest information, when the plan shall be settled. It is satisfactory to know that written questions will be preferred to an oral examination; and when it is considered that the former will afford a simple and certain appeal to the Judges, which cannot easily be had under the latter, and that Cambridge has long used the former mode, and Oxford, in spite of the prejudice in favour of existing institutions, has in a great measure adopted it as a fairer plan, the profession must allow that the examiners have wisely exercised their discretion. Your correspondent B. D. J. seems to be rigorously examined as to the most have got an idea into his head that he will profound niceties of practice" the minute and intricate machinery of the Courts," and petulantly demands attention to his Quarter Sessions and Conveyancing acquirements. Surely he does not imagine the Board will make him answer the exact locale of the Seal Office, Rule Office, and Treasury, and solve which a clever practitioner must have a subtle enquiry on a point of practice, to sessions practice and conveyancing (as learnt recourse to his Archbold; nor that quarterin the country) is all that is wanted to comtion will doubtless include the great prinplete a lawyer's education. The examinaline of Practice, in its various departments, ciples of our Law, and a comprehensive outwithout descending to "minute intricacies,” -as the navigator must study the chart of seas he has to navigate, but does not trouble creek and headland. himself with the sinuosities of every petty It now becomes a question well worthy the consideration of the Legislature and of the Judges, whether it would not be well to The New Rule must give satisfaction to make at least one year's residence and study public it will afford that protection from every honest and sensible mind. To the in the metropolis compulsory on the country incapacity to which they have a right; to clerks, rather than optional, as at present. | the profession it is a boon, for it will raise The ignorance of parents of professional it in consideration and respectability; but usage, and the avarice of masters, is an its greatest advantage is to the articled insurmountable obstacle to the voluntary clerks: it will give them a right imperaadoption of the privilege of spending the tively to demand of their masters proper inlast year here; and surely the premiums struction in the science they have undertaken usually paid well entitle the clerk to all the to teach, and greater leisure to pursue the great advantages which a year's residence in the metropolis affords to an industrious necessary studies to prepare for examination and inquiring student. than is at present usually allowed. To pass a medical examination, a certificate of diligent attendance of a course of lectures is required, which the Professors object to grant unless the student has duly attended their examinations. I would sug- | gest to the Examiners the propriety of requiring a certificate of diligence from one of the law lecturers at King's College, the London University, or the Law Institution. A certificate of having attended a course of the lectures, and creditably passed the examination of one of the eminent professors at those seminaries, would be a guarantee to the Board of Examiners and to the public of the capacity of the candidate; and this plan would moreover greatly encourage the W. H. In exercise of our discretion, we shall select from the letters of our correspondents on this subject, such inquiries and suggestions as appear to be useful; and they will excuse us if we do not publish all their animadversions on imaginary grievances. As the details of the plan of examination are not settled, it would be premature to insert many of the remarks which have been sent us. In this view we have somewhat curtailed the communication of the following writer. Our advice last week was given. with the object of inducing diligence and attention. Examination of Attorneys.-Selections from Correspondence. 321 of the following remarks, I hope it will not be deemed intrusive in me in venturing to call the attention of the head clerks of the Prerogative Office at Doctors' Commons, through the medium of your valuable columns, to an inconvenience which it lies in their power to redress, and which occasions much annoyance and vexation to persons searching at the Will Office. I allude to the practice which has obtained, and still continues, of writing the Index. to the will books in Court hand, or Text. I have lately observed with serenity, though not without sympathy, the disquieted countenances of my clerkly brethren, rejoicing exceedingly that the new Rules of Court for the examination of Attorneys had not been extended to Solicitors, for which branch alone of the legal profession I am intended. But the observations in your last week's Number have filled me with alarm. For my own part, I can see no injustice that incipients in every department of the law should be subject to the same regulation, but surely, as Attorneys The attention of the two Houses of Parlia-. are to be admitted next term without exami- ment has already displayed itself, as to the nation, Solicitors will be admitted also-the practice of thus engrossing the acts of the admission of Solicitors the day after term, be-legislature, by a conference which has been ing pari passu with the admission of Attorneys the last day of term.a held within the last few days, upon the subject of the alteration of the present practice, from engrossing in Court hand to that of ingrossing in a plain round hand. I have been entitled to my admission for many months, but I have not hitherto applied for it, relying that all parties would be equally Now if this be important in a comparatively dealt with and I think it will be exceedingly private office, since there are printed common unfair to take away my right, merely because lettered copies of acts of Parliament, it surely the Court of Chancery requires a shorter no- must be important that the legibility of Indexes tice of admission than the Common Law (for of the wills themselves I do not speak, Courts; for beyond this I can see no reason since my proposed alteration in reference to for the order you anticipate, coming into ope- them would be impracticable) to such valuable ration immediately. And what will be the documents as wills, of which indexes there are effect of this new decree? will it purge the no common lettered copies, is much more im-. profession of knaves, who are for the most portant to the hundreds of persons who have part far more expert than other practitioners? to search for names in them, and who are, for they are the men who ought to be ex-numbers of them, hard puzzled to interpret cluded, by whose malpractices alone the pro- the mystic Court characters. fession is brought into disgrace, and the public welfare injured. It may be replied, but it is no trouble merely to tax a man's patience for a one year's search. Perhaps not; but how many there are who have to make a search "on or about the year, &c.," when it is not safe to stop short of a ten years search, each side of your given date. The time thus wasted is immense. The defect might be easily remedied by about a week's trouble, in compiling new transcripts in our present commonly used letter. With reference to the notices required before examination, I think they are on every account highly objectionable. We see every term, the names of parties seeking to be admitted; and we shall also see, I presume, the names of those going up for their examination -those who pass-and the unfortunates who do not. The examination ought, in my opinion, | to be strictly private, and, after the certificate And then look at the trouble given to parties of ability is obtained, the public notice of ad-searching in such as the one put above, for a mission might be given as heretofore; other-name in an initial letter of common use, such as wise the reputation of an individual not suffi- B. or R., where forty or fifty columns of names ciently prepared would be utterly ruined by are to be searched carefully through in each his being once turned back.b YOUR CONSTANT READER. SELECTIONS FROM CORRESPONDENCE. INDEX TO WILLS AND ADMINISTRATIONS. Sir, As the attention of the legislature has been drawn to a subject connected with the purport a Those who are entitled to admission in the Common Law Courts in Easter Term, gave notice of their application before Hilary Term. It is very unusual to be admitted in Chancery in the first instance; scarcely one in a hundred are so admitted. year. It is certainly a good thing for the present» clerks, for many persons under the present system, are not content with one search, but for greater certainty make a second; thus paying a double fee for that which, if my suggested alteration was made, would be saved, besides the time and trouble unnecessarily wasted and incurred. Consider again, the case of the illiterate countryman who goes in to search, and who, schooled only in our present day letter, is nonplused when he opens the books, being obliged to assist him in his next attempt. therefore to get one more learned than himself The advantage of an alteration must be so conspicuous, that I need dwell no longer on the subject; only hoping this may meet the We cannot believe that there is any foun-eye or ears of soine of the officers in power at dation for apprehending that the names of the unsuccessful candidates will be published.ED. Doctors' Commons. W. F. |