On the Law of Libel.-Practical Points of General Interest, No. LVIII. this point: on the one hand the truth of the libel is often a justification where it should not be so; on the other, it strictly cannot in many cases be entertained, when it would completely justify the defendant. The state of the law, therefore, in these respects, is obviously defective. Another point which has frequently come before public attention, is the power of the law officers of the Crown to file ex officio informations. In Ireland, it is the practice for the Attorney General to call the parties before him previously to filing an information, which affords an opportunity for explanation of the circumstances under which the publication has taken place. It may perhaps be advisable to put the practice in England in this respect on a similar footing. But perhaps the question the most frequently discussed in the present state of the law of libel is, how far the jury should be the judges of the law as well as the facts in cases of libel. By Mr. Fox's celebrated act, 32 G. 3. c. 60, it was declared, that the jury should be judges as well of the law as the fact; but it has been recently held by the Court of Common Pleas, that this act does not extend to civil cases; and that the jury are to determine the fact of publication, and the application of the innuendoes, and the Court the question whether the matter be or be not libellous. This subject, therefore, also demands the attention of the Committee, and a declaratory enactment thereon. The severe act passed on this subject in a time of great public confusion, 60 G. 3. c. 9, will also deserve consideration. These points, and the others connected with the subject, being deliberated upon, we trust that an act may be framed which may relieve the present state of the law from the odium and difficulty which now arise from its vagueness, and the impossibility through its means of obtaining the ends of justice. 435 Assault, with several special pleas of justification. That one of the defendants was possessed of a certain steam vessel, into which the plaintiff intruded, and he gently laid hands on him to remove him, and the other defendant assisted. Replication of excess as to the justification, which was pleaded to the third count, which alleged a tearing of the plaintiff's clothes; and de injurid to the other special pleas. From the evidence on the part of the plaintiff it appeared, that he was desirous of going to Richmond with a friend; and being too late for the regular steam boat, they a wherry, and when they had got as far as "There are strangers on said in a loud tone, PRACTICAL POINTS OF GENERAL plaintiff seated himself and refused to move, INTEREST. EXCURSIONS BY STEAM BOATS. and in the act of forcing him away, it appeared that his clothes were much torn. Alderson, J. (in summing up), said-The first question for your consideration is, whether the defendants have justified the assault which has been proved. The way in which they justify is, that the defendant Lewis was possessed of a certain steam vessel, and that the plaintiff was unlawfully there, and, being requested, refused to leave, whereupon Lewis removed him, and the other defendant assisted him in so doing. You need not consider wheb Walker v. Ridgway, E. T. 1827. Levy v. ther they used too much violence, as the plainMylne, E. T. 1827. tiff has not taken issue upon that point. In As the Easter holydays are at hand, the following case may be useful to some of our readers : 2E2 point of law, I inform you that Lewis was not justified as in possession of the vessel, and therefore you will find your verdict for the plaintiff, But you must in considering the damages, take all the circumstances into your consideration; and if you think that the defendants were in substance justified, then you should find your verdict for a farthing damages. But, if you think that they were not in substance justified, then you will give such damages as you think the plaintiff is entitled to. His Lordship read over the evidence, and left the conflicting testimony to be decided on by the jury, who found a verdict for the plaintiff-Damages 101. Dean v. Hogg, 6 C. & P. 54. 10. Assurances executed after December, 31, 1834, or in case of wills where the testator shall die after Dec. 31, 1834, may be registered by depositing an original, and making the proper entries. The documents deposited to be made up into books or parcels, and numbered. 11. All assurances (except wills, &c.) to be indexed according to the regulations following : First. An Index, to be called "The General Index," to be kept for each district; and assurances, affecting lands within such district, to be indexed in the General Index, under heads designated by numbers. Second. Where the grantor does not derive title under any registered assurance, the assurance is to be indexed under a new head. Third. Where the grantor does derive title under a registered assurance, the assurance is to be indexed under the same head as the assurance under which the title is derived. Fourth. Power enabling lands previously held under different titles, to be brought together on the Index; and enabling lands previously indexed under the same head, to be separated on the Index. Fifth. No assurance to be indexed under more than one head. Sixth. An Alphabetical Index, to be called "The Index to the Roots of Titles," to be kept for each district. And where the grantor does not derive title under any registered assurance, an entry of the grantor's name to be made in such Index, with a reference to the head under which the assurance is indexed. Seventh. Particulars to be expressed on entering an assurance. Eighth. The grantor of an equity of redemption is not to be considered as deriving his title under the mortgage deed. What Instruments may be registered. 12. Decrees in equity, creating, transferring, or determining interests in land, and also decrees in equity, by which any such decree shall be varied or reversed, are to be considered assurances. 13. Every private act of Parliament affecting lands, to be an assurance. 14. Where by a public act any lands are vested upon the payment of money, &c., a memorandum of the payment, or other act, may be registered. 15. Equitable mortgages, by deposit of deeds, may be registered by depositing a 17. The assurance to be considered to have been made by the person whose right, &c. in the lands shall be bound by the decree, &c. memorandum. 16. Liens, by reason of non-payment of purchase money, may be registered, by depositing a memorandum. Index of Wills. 18. An Index, to be called "The Index to Wills," to be kept for England and Wales; and where a will is registered, an entry of the testator's name to be made in such Index, and also an entry of the will. 19. Power to require the registration of any will which has been proved. Loss of Original Document. 20. Where the original document is lost, a copy or extract may be deposited. In case of an extract, the registration to be effectual only so far as the extract agrees with the original. Deposit of Copies. New Bills in Parliament. bered. 25. Particulars to be contained in the memorial. 26. An Index, to be called "The Index to Judgments, Statutes, and Recognizances," to be kept for England and Wales; and an entry of the name of each defendant conusor to be made in such Index, and also an entry of the memorial. Contents of such entry. 27. Judgments, statutes, and recognizances, to his Majesty, and inquisitions, by which debts shall be found due to his Majesty, may be registered by depositing a memorial, and making the proper entry. 28. Particulars to be contained in such memorial. 29. Obligations and specialties within the statute 33 Hen. 8. c. 39, may be registered by depositing a memorial, and making the proper entry. 30. Particulars to be contained in any such memorial. 31. Acceptances of offices within the statute 13 Eliz. c. 4, may be registered by depositing a memorial, and making the proper entry. 32. Particulars to be contained in any such memorial. 33. The memorials of judgments, and statutes and recognizances to his Majesty, and of such inquisitions, obligations, specialties, and acceptance of offices as aforesaid, to be made up into books or parcels, and num bered. Index to Crown Debtors. 34. An Index, to be entitled, "The Index to Debtors and Accountants to the Crown," to be kept, and an entry of the name of each defendant, conusor, &c., to be made in such Index; and also an entry of the memorial. Contents of such entry. The last-mentioned Index may be divided into separate lists. Lis Pendens. 35. Lis pendens may be registered by depositing a memorial of the bill or information, and making the proper entry. Index to Suits. 437 37. An Index, to be called "The Index to Suits in Equity," to be kept for England and Wales; and on registering a bill or information, an entry of the name of each plaintiff and defendant to be made in such Index, and also an entry of the memorial. 38. Names of parties informant need not be entered in the Index. 39. Memorials of bills or informations to be examined by the proper officer. Effect of want of Registry. 40. Wills to be void as against purchasers from the heir at law, &c. unless registered. Wills registered within two years after the testator's death to be valid. 41. Other assurances authorized to be registered, to be void as against purchasers, unless registered. 42. Estate of interest arising under publie act, upon payment of money, &c., to be void as against purchasers, unless a memorandum registered. 43. Equitable mortgage by deposit to be void as against purchasers, nnless memorandum registered. 44. Liens for purchase money to be void as against purchasers, unless memorandum registered. 45. Judgments, statutes and recognizances and liabilities to the Crown, &c., to be void as against purchasers, unless registered. Priority of Registered Assurances. 46. The priority given by the preceding clauses to be enforced in equity, notwithstanding notice. 47. Assurances registered at the same time to have priority, according to the time of execution. 48. The protection of the act to extend to persons who claim under purchasers. Bankrupts and Insolvents. 49. Conveyances to the assignees of bankrupts and insolvents, not to be protected by the act. Legal Estates and Tacking. 50. Protection by legal estates and tacking, not to be allowed. Assignment of Terms. 51. Terms assigned to attend the inheritance, to be a protection only against claims prior to 1st January, 1835. Jurisdiction in Equity. 52. The act not to affect the jurisdiction of equity in cases of lis pendens. But an assurance executed during the pendency of a suit, to be valid, unless the bill or information shall have been registered before the registration of the assurance. 53. Decrees authorized to be registered, to prevail against assurances executed during the 36. Particulars to be contained in any such memorial. Memorials of bills and informa-pendency of the suit, unless the assurance tions to be made up into books or parcels, and shall be registered before the decree. numbered. 2E3 61. Duplicates of deposited documents may be compared at the office, and certified. Every document so certified, to be received as evidence that another part of the same assurance has been deposited. 62. Copies of and extract from deposited instruments to be provided on application, and to be certified. The stamp of the office, with a certificate, to be evidence of such copies and extracts. Regulation as to Searches and Extracts. 63. Persons applying for copies or extracts, to sign a declaration that they have an interest in the property, or are employed professionally for one having such interest. Penalty for falsehood in such declaration. ginal documents, to apply to requisitions for caveats and inhibitions. Stamping Duplicates, &c. 70. Where there are duplicates of a registered assurance, one duplicate to be exempted from stamp duty, provided the deposited document is duly stamped. The exemption not to apply where either of the duplicates has the effect of a counterpart. 71. Memorials, office copies, and extracts to be exempt from stamp duty. Post Office. 72. Instruments may be sent and applications made, to the Register Office, through the Post Office. 73. Persons sending instruments to be deposited, or duplicates to be compared, may require receipts. Where the instrument is sent through the Post Office, the receipt to be sent through the Post Office. Removal of Instruments. 74. Instruments deposited at the Register Office, not to be removed, except on legal pro cess. 75. Wills deposited at the Register Office, may be removed for the purpose of being returned. proved; after being proved, the will is to be Searches. 76. Searches of the Indexes to be permitted, and inspections of deposited instruments allowed. Searches of the Indexes to be made on application, and the result certified. 77. Persons applying to inspect instruments to sign a declaration of their being interested in the property, or professionally concerned for one who is interested. Penalty for falsehood in such declaration. Duty of Attorney. 78. The duties of attorneys, &c. to be fulfilled by causing an office search to be made. Attorneys, &c. indemnified in relying on ac 64. Extracts from the Indexes to be pro-curacy of certificates. vided on application, and to be certified. Office extracts from the Indexes to be evidence of the contents. Evidence of Office Copies. 65. After notice, unless a counter notice be given, parties to suits may give deposited originals or certified duplicates or office copies in evidence, without proof of execution. 66. Where the notice is given for a copy, and the counter notice requires the original to be produced only, the deposited original, or a certified duplicate, may be given in evidence, without proof of execution. 67. The costs, where a counter notice is given, of proving or producing, to fall on the party giving the counter notice. 68. A document or office copy once given in evidence under the preceding clauses, to be afterwards allowed in the same cause. 69. The clauses for dispensing with proof of execution, and with the production of ori Altering Regulations. 79. Chief Justices and other Judges, or three or more of them, may on application by the Registrar General, alter regulations, &c. as to indexing. 80. Power to the Registrar General to require statements for regulating the entries to be sent with assurances. : Responsibility of Officers. 82. No officer of the Register Office to be responsible for omissions or mistakes occаsioned by defects in the statement. 83. Actions for damages occasioned by the omission or misfeazance of any officer of the Register Office, to be brought against the Registrar General. If final judgment be recovered, the damages to be paid out of the consolidated fund. Notice to be given to the Attorney General. The Registrar General not to be personally liable. New Bills in Parliament. 84. Provision as to costs, if judgment be given for the defendant, or the plaintiff discontinue or become nonsuit. 85. Provision for the case of a writ of error. 86. Power to the Registrar General to compromise any such action. 87. Limitation of actions brought under this act against the Registrar General to be coinputed from the actual loss. Fees. 88. The fees specified in the schedule to be paid. 89. Time at which fees are to be paid. 90. Summary remedy to compel payment of fees. Salaries and Expenses. 91. Power to assign salaries to the Registrar General and other officers of the Register Office. 92. Sums for defraying the expenses of the Register Office to be allowed out of the consolidated fund. 93. Power to apply monies received by the office, in payment of the expenses of the same. 94. Subject to the last power, all monies received by the office to be paid to the consolidated fund. 95. Accounts of the office to be audited. 25 G. 3. c. 118. § 2. 96. The postage on packets sent to and from the Register Office, to be borne by the office. Rate of postage to be paid for such packets. Postage to be part of the expense of the office. 97. No packets to be received at the Register Office, unless through the Post Office, or free of expense. Local Registries. 98. Local Register Acts, 2 & 3 Anne; 5 Anne; 6 Anne; 7 Anne, c. 20; and 3 Geo. 2, repealed. 99. Assurances not to be inrolled in Local Register Offices after 31st December, 1834; and no assurances, &c. to be registered in such offices after 31st December, 1839. 100. Registration in the General Register Office to have the same effect against acts prior to 1st January, 1835, as registration in the Local Register Offices. 101. Vacancies in office of Registrar for local offices in Yorkshire not to be filled up. After 31st December, 1838, the offices of Registrars for Middlesex to cease. 25 Geo. 2. с. 24. 102. Vacancies in Local Register Offices prior to 1st January, 1840, to be filled up by persons nominated by Commissioners of Trea sury. 103. Provision to be made as to the custody of documents in Local Register Offices. 104. Copies of assurances to be made after December 31, 1839, by persons nominated. 105. Power to give compensation to officers of Local Register Offices. 106. Instruments required to be registered in the Local Register Offices, may be registered in the General Register Office. Exceptions. 439 107. Copyhold lands not to be affected. 103. Rack-rent leases, &c. not to be affected. 109. Where possession does not go along with such lease, &c. the same to be void as against a purchaser during the interval. 110. Conveyances, &c. to be provisional, or general assignees of bankrupts or insolvents need not be registered. 111. Inclosure awards not to be affected. 112. Shares in Companies not to be affected. 113. Lands within the Bedford Level not to be affected. 114. None of the exceptions to warrant the provision to prevent protection by legal estates or tacking. Penalties. OBSERVANCE OF THE SABBATH. This is intituled, a Bill "to promote the better Observance of the Lord's Day;" and the following are the proposed enactments, the second of which we state fully, as shewing the main scope of the measure: 1. All work prohibited on the Lord's Day. 2. Every person who upon the Lord's Day, or any part thereof, shall do or exercise, or hire or employ any person to do or exercise, any manner of labour or work of his or her ordinary calling, or in the way of trade or business, or keep open shop, or keep or hold, or aid or assist in keeping or holding any fair or market, or buy or sell, or cry, offer or expose for sale, or receive or deliver, or cause or procure to be bought or sold, or cried, offered or exposed for sale, or received or delivered, any goods, wares, merchandize, animal, chattel or effect, or pay, or cause or procure to be paid, any wages or debt, or security for money, or any goods or matter or thing whatsoever, as wages or the price of labour, or make any contract of hiring or other contract or agreement, shall forfeit and pay a sum not less than five shillings nor more than twenty shillings for the first offence, and not less than twenty shillings nor more than forty shillings for the second offence, nor less than forty shillings nor more than fire pounds for every subsequent offence; and in addition to such forfeitures, every sale, payment, settlement, contract or |