VARIOUS IMPROVEMENTS IN THE LAW.
An important alteration in the law took place this session, in the abolition of imprisonment for debt on mesne process. Public attention had been for some time directed to this subject; and during last session a bill passed the house of commons with reference to it, but at too late a period to admit of its discussion in the upper house. On the 5th of December the lord-chancellor brought the subject before the lords, by moving the second reading of a similar bill. Many of the details of the bill, however, were thought to be so defective, that it was referred to the consideration of a select committee. The lord-chancellor again presented his bill, as altered and amended by the committee, on the 12th of June. In his exposition of the measure, his lordship stated that it would empower creditors to get possession of various descriptions of property, which were at present exempt from execution. Thus the bill would authorize the sheriff to seize cash, bank-notes, and bills of exchange; and, under the authority of a judge’s order, and with certain restrictions, stock in the public funds would be available to the creditor. These and similar provisions were framed for the purpose of doing justice to the creditor, by enabling him, if possible, to obtain payment out of his debtor’s property. Having effected this object it seemed but right to abolish imprisonment on mesne process. Still, to prevent fraud, it was necessary to secure to the creditor the right of seizing the debtor’s person in certain cases. The bill, moreover, would authorize a judge, on the creditor’s application, to issue a warrant to restrain a fraudulent debtor from leaving the country before he had surrendered his property. Lords Brougham and Abingdon commended the measure as far as it went; but they still thought it incomplete. The bill was read a third time and passed; and after some minor alterations had been introduced in it by the commons, it finally became law. Another useful act passed during this session was one which facilitated the recovery of possession of tenements after the determination of the tenancy. This bill empowered any two justices at petty-sessions, in certain cases, and after proof given of the determination of the tenancy, and of the refusal of the tenant to render possession, to issue their warrant to the peace-officers of the place, directing them to enter, by force, if needful, upon the premises unlawfully held over, and to give possession of the same to the landlord or to his agent; such entry to be made not less than twenty, and not more than thirty days from the date of the warrant. The provisions of this bill, however, are confined to premises held at will, or for less than a term of seven years, and which are let for less than £20 per annum, without the reservation of a fine.
In the course of this session, a bill for securing to authors, in certain cases, the benefit of international copyright passed the legislature, and which enabled her majesty in council to direct that the authors of books published abroad shall have a copyright here, provided there be a reciprocal protection in favour of this country in the state in which such publications first make their appearance.