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custody as of record in Her Majesty's High Court of Chancery, and may be inspected, and copies thereof taken, under such regulations as the Lord High Chancellor shall direct. § 9.
Oath.--Within sixty days from the day of the date of such certificate, every memorialist to whom rights and capacities shall be granted by such certificate shall take and subscribe the following oath, viz. :“I, A. B., do sincerely promise and swear, that I will be faithful and bear
true allegiance to Her Majesty Queen Victoria, and will defend her to “the utmost of my power against all conspiracies and attempts whatever “ which may be made against Her person, crown, or dignity; and I will “do my utmost endeavour to disclose and make known to Her Majesty, “ her heirs, and succcessors, all treasons and traitorous conspiracies “which may be formed against her or them; and I do faithfully pro"mise to maintain, support, and defend to the utmost of my power the "succession of the crown, which succession, by an Act, intituled An Act
for the further Limitation of the Crown, and better securing the Rights “and Liberties of the Subject, is and stands limited to the Princess “Sophia, Electress of Hanover, and the heirs of her body, being Pro“testants, hereby utterly renouncing and abjuring any obedience or “allegiance unto any other person claiming or pretending a right to the crown of this realm.
“SO HELP ME GOD." Which oath shall be taken and subscribed by such memorialist, and shall be duly administered to him or her, before any of Her Majesty's judges of the Court of Queen's Bench, or Court of Common Pleas, or Court of Exchequer, or before any master or master extraordinary in Chancery ; and the judge or master or master extraordinary in Chancery, whether in England or in Ireleland, before whom such oath may be administered, shall grant to the memorialist a certificate of his or her having taken and subscribed such oath accordingly; and such certificate shall be signed by the judge, master or master extraordinary in Chancery, before whom such oath shall be administered. § 10.
Regulation of Proceedings. The several proceedings hereby authorised to be taken for obtaining such certificate shall be regulated in such manner as the Secretary of State shall from time to time direct. § 11.
Fees. The fees payable in respect of the several proceedings hereby authorised_shall be fixed and regulated by the Commissioners of Her Majesty's Treasury. $ 12.
Naturalized Persons.-All persons who shall have been naturalized before the passing of this Act, and who shall have resided in the United Kingdom during five successive years, shall be deemed entitled to and shall enjoy all such rights and capacities of British subjects as may be conferred on aliens by the provisions of this Act. § 13.
Pre-existing Rights.—Nothing in this Act shall prejudice, or be construed to prejudice, any rights or interests in law or in equity, whether vested or contingent, under any will, deed, or settlement executed by any natural-born subject of Great Britain or Ireland before the passing of this Act, or under any descent or representation from or under any such natural-born subject who shall have died before the passing of this Act. § 14.
Not to take away Rights.--Nothing herein shall be construed so as to take away or diminish any right, privilege, or capacity heretofore lawfully possessed by or belonging to aliens residing in Great Britain or Ireland, so far as relates to the possession or enjoyment of any real or personal property, but all such rights shall continue to be enjoyed by such aliens in as full and ample a manner as such rights were enjoyed before the passing of this Act. § 15.
Married Women.-Any woman married or who shall be married to a natural-born subject or person naturalized shall be deemed to be herself naturalized, and have all the rights and privileges of a naturalborn subject. $ 16.
AGENTS, BROKERS, AND FACTORS.
It is required in stewards that a man be found faithful.—1 Cor. iv. 2.
Much evil would be avoided, if parties were accustomed to exact from their agents accounts at stated periods of the funds intrusted to their care. Rigid caution begets accuracy, as carelessness provokes laxity, negligence, and prodigality. No body of men ought to tempt the moral principle of one man by unhesitating confidence or dilatory examination. Every agent will be both honest and exact, when he knows that he is amenable to the strict supervision of his principals; but the most honest man may slide into slovenly inaccuracy or lazy procrastination, when he has reason to doubt the diligence, the energy, or the caution of his employers. There are some things which may be effected by the hands of an 'agent-for other services a man cannot trust any hands but his own.-Ed.
Ports, &c.—The Commissioners of the Treasury may by their warrant appoint and declare in what ports in the United Kingdom persons acting as agents in the entry or clearance of any ships, or of any goods or baggage, or any business relating thereto, shall be required to be duly licensed for that purpose, and may from time to time revoke such warrants or appointments, and make others in lieu thereof, when and as they may see fit; and such warrants, if they relate to ports in Great Britain, shall be published in the London Gazette, if to ports in Ireland in the Dublin Gazette, and if to ports in Great Britain and Ireland in both those Gazettes : provided that the appointments already made as to London, Dublin, Dover, Folkestone, Southampton, and Shoreham shall continue as if such appointments had been made under this Act, until the same shall be revoked. 16 & 17 Vict. c. 107, $ 15. (August 20, 1853.]
How and to whom Licenses may be granted.— The Commissioners of Customs are hereby authorized to grant licences, in such form and manner and to such persons as they shall think fit, to act as agents for transacting business which shall relate to the entry or clearance of any ship, or of any goods or of any baggage, in any of the ports in respect of which such appointments now are or hereafter shall be made, so long as such appointments shall remain in force, and, by order under their hands, may cancel or revoke any licence so granted for fraud or misconduct ; a copy of such order stating the cause of dismissal shall be delivered to such person, or to his clerk, or left at his usual place of abode or business, but such person shall be at liberty to appeal to the Commissioners of Customs for an investigation and reconsideration of the case ; and if no such appeal be made within three days after the delivery of a copy of such order, or if such order shall be confirmed, such licence shall be void ; and the Commissioners of Customs op graoting any such licence are hereby empowered to require bond to be given by every person to whom such licence shall be granted (not being one of the sworn brokers of the City of London, and acting as such agent in the port of London), with one sufficient surety, in the sum of 1,0001., for the faithful and incorrupt conduct of such person and of his clerks, acting for him, both as regards the customs and his employers; and all licences heretofore granted by the
Commissioners of Customs to any persons to act as agents shall be valid until revoked, and all bonds taken for the faithful and incorrupt conduct of such persons shall remain in full force : provided always, that any person, in co-partnership, may, with the approval of the Commissioners of Customs, appoint à clerk or servant to transact such business on his behalf
, and the name, residence, and date of appointment of such clerk or servant shall thereupon be endorsed on the licence of such person, and shall be signed by him in the presence of and attested by the collector or comptroller of customs at the port for which such licence is granted, and all such appointments shall be recorded in a register to be kept at the Custom House for that purpose ; and no person shall act as such clerk or servant unless so appointed, endorsed, and recorded, nor act for or on behalf of any other than the person so appointing him ; and every such appointment may be revoked by the Commissioners of Customs at any time, by order under their hands. § 16. (August 20, 1853.]
In what Ports, and by whom, Goods may be water-borne-Licence.—The Commissioners of Customs may order in what ports in the United Kingdom goods cleared for drawback or from the warehouse shall be carried or water-borne to be put on board any ship for exportation, or goods carried or water-borne from any importing ship to, or to be landed at any wharf, quay, or other place, shall be so carried or water-borne only by persons authorized for that purpose by licence under the hands of the Commissioners of Customs, and may revoke any such orders, or make others in lieu thereof, when and as they may deem expedient; and the Commissioners of Customs may grant such licences in such form and manner and to such persons as they may deem proper, and may revoke the same when and as they shall think fit; and before granting any such licence the commissioners may require such security by bond for the faithful and incorrupt conduet of such person as they shall deem necessary; and all such licences in force at the time of the commencement of this Act shall continue in force as if the same had been granted under the authority of this Act. $ 17.
Agents without Licence. If at any port where persons acting as agents for transacting any business relating to the clearance of any ship or goods or baggage shall be required to be licensed, any person not so licensed, or not being the duly appointed clerk to any person so licensed, shall act as such agent or clerk, or if any person, whether so licensed or appointed or not, shall make entry of any goods without being duly authorized for that purpose by the proprietor or consignee of such goods, every such person shall for every such offence forfeit 201. ; but no such penalty shail extend to any person acting under the directions of the several dock companies, or to any person otherwise authorized by law to pass entries, nor to any merchant, importer, or consignee of goods, acting himself in respect thereof, or any clerk or servant exclusively employed by him or by any such persons in côpartnership. $ 61.
Written Authority. Whenever any person shall make application to any officer of customs to transact business on behalf of any other person, such officer may require of the person so applying to produce a written authority from the person on whose behalf such application shall be made, and in default of the production of such authority refuse to transact such business. $ 62.
Lightermen.—If goods cleared for drawback or from the warehouse be carried or water-borne to be put on board any ship for exportation by any person not at the time duly licensed and authorized to act as a licensed lighterman, either in the port of London or any other port at which lightermen are required to be so licensed, or by any person not being in the employ of such lighterman at the time duly authorized to act as such, every such person shall for every such offence forfeit 201. § 127.
COURT OF CHANCERY, LINCOLN'S-Inn, Nov. 9, 1853.
POWLES V. HARGREAVES.
This was an appeal from Vice-Chancellor Stuart. In the year 1847 George and Joseph Hargreaves and Thomas Platt carried on business as merchants in co-partnership together, at Liverpool, Manchester, and Shanghai in China. Their course of trade was for George Hargreaves to purchase at Manchester goods, upon condition that they were
to be consigned to the firm at Liverpool, and shipped to the firm of Shanghai for sale. George Hargreaves charged il. per cent. commission for his exclusive benefit, and the firm guaranteed the sale of the goods at a commission of 71. 10s. per cent., and with the produce the firm purchased other goods to remit to England at a commission of 21. 10s. per cent. To prevent the necessity of cash advances the firm used to draw bills upon their customers for the price of the goods, which they accepted ; and these bills were then handed to the original sellers of the goods in payment, or discounted, and the money so employed. There was a further understanding that the goods sent back from China should be in the hands of the firm as security for George Hargreaves's commission, and to the firm itself for the amount of the bills so drawn by them. In December, 1847, a joint fiat in bankruptcy was issued against the firm, and a separate fiat against George Hargreaves; but subsequently a deed of arrangement was entered into with their creditors, by which the bankruptcies were annulled and their property vested in trustees for their creditors. William Budd Prescott, the acceptor of some of the bills of exchange, died without leaving assets to answer them, but not being judicially bankrupt or insolvent,
and the bills were now in the hands of the plaintiffs, the Liverpool Banking Company, unpaid. A large quantity of goods arrived during the year 1848 at Liverpool, consigned by the China house to the English firm of Hargreaves and Co., on account of the said William Budd Prescott, in return for goods sent out to them at China on the like account, and such goods had since been sold, and the proceeds received by the trustees of the before-mentioned creditors' arrangement deed. Under these circumstances the present suit was instituted by the registered public officer of the Liverpool Banking Company, to have the produce of such goods applied, in the first place, in payment of the bills of William Budd Prescott then remaining in the hands of the banking company. The Vice-Chancellor, conceiving the case to be entirely governed by that of " Ex parte Waring” (19 Ves.), decided by Lord Eldon, decreed in favour of the equity claimed by the bill. The appeal of the defendants being from the whole decree, the case of the plaintiffs was first opened.
Mr. J. Russell, Mr. Daniel, and Mr. H. Clarke appeared for the plaintiffs ; Mr. Wigram, Mr. Rolt, and Mr. Smythe for the appellants.
Their LORDSHIPS, without calling for a reply, gave judgment, and said, that the Court had felt no difficulty in coming to the conclusion that the decision of the Court below was substantially correct and in conformity with the principle laid down in Waring's case. An objection had been raised that the present case ought not to be determined by Lord Eldon's judgment in that case, inasmuch as the principal ingredient—namely, a double insolvency-was wanting. It was quite clear, however, that Prescott, although not adjudicated an insolvent, was not able to pay his debts, and therefore the same equity must arise as if he had been declared an insolvent. As to the Hargreaves, the creditors' composition deed expressly defined that the property coming to the trustees under it was to be dealt with by them in the same way as if the bankruptcy had not been annulled. What would have been the rights of the plaintiffs, supposing that the bankruptcy had not been annulled, and the property in question had been sold by the assignees instead of by the trustees ? Without doubt they would have been entitled to present a petition in bankruptcy, as creditors, to have the bankrupt's estate duly administered ; and in no other way could such estate be duly administered than by the payment of these bills. It would be a disgrace to the administration of justice if there should be any doubt of such being the right course to pursue. The plaintiffs were therefore clearly entitled to have the proceeds of the sale of the goods applied in payment of the bills, so far as they would extend, and to prove against the estate of the Hargreaves for the deficiency. Appeal dismissed.
(Sittings at Nisi Prius, before Lord CAMPBELL and Special Juries.)
SMITH V. CHRISTIAN.
Mr. Serjeant Wilkins and Mr. Lush appeared for the plaintiff; and Mr. M. Chambers, Q.C., and Mr. Petersdorff for the defendant.
This action was brought to recover damages for the breach of a contract into which the defendant had entered with the plaintiff for the delivery of 33 tons of chicory at the price of 10l. 78. 6d. per ton. With this cause of action the plaintiff
, under the new Common Law Procedure Act, joined a count for slanderous words spoken of the plaintiff in the way of his business. It appeared that the plaintiff , who carried on business on Fish-street-hill
, purchased the chicory in question of the defendant, a coffee and chicory merchant in Lime-street. From some mistake or another the chicory was not delivered at the time specified, and in consequence the money was not paid by the plaintiff. This led to an application being made to the plaintiff for the money by the defendant, who was not aware that the chicory had not been delivered. The interview took plack in the street as the plaintiff was getting into his gig, when, without spending any time to enter into an explanation, the defendant called the plaintiff a "swindler," and the latter retorted that the defendant was a “ liar.” In consequence of the non-delivery of the chicory, the plaintiff had been obliged to purchase other chicory at York, for which he had given 11l. per ton, in addition to paying for the carriage.
Lord CAMPBELL, in summing up the evidence, said he thought the damages for the breach of the contract ought to be very small, because there was no precise evidence as to the damage which the plaintiff had sustained ; but, as to the other part of the case, his lordship thought it was no trifling matter to call a merchant of London a swindler in front of his own place of business. The jury would say what damages the plaintiff was entitled to recover for that act.
The jury retired to consider their verdict, and, upon their return into court, found for the plaintiff with 40s. damages on the breach of contract, and with 501. damages for the slander.
HOLIDAYS. No day shall be kept as a public holiday by the customs except every Christmas Day and Good Friday, and such other days as may be appointed to be kept as such by Her Majesty's proclamation, and, so far as regards Scotland, such days as shall be appointed to be so kept by authority of the General Assembly, and also such days as shall have been or may be appointed for the celebration of the birthdays of Her Majesty, and such days shall be kept as public holidays by the officers and servants of the dock companies in the United Kingdom. 16 & 17 Vict. c. 107, § 6. [August 20, 1853.]