Story's Eq. Jur. ss. 793, 793 a; Smith's Man. Eq. 115, 5th edit.) 5. Meaning of "tacking.”—Tacking is the uniting of two incumbrances in order to cut out and postpone an intermediate one which is prior in point of time to the incumbrance united, or, as it is termed, “tacked." Thus if a third mortgagee, who has made his advance without notice of a second mortgage, can purchase the first legal mortgage, he may tack, his third mortgage to the first, and so postpone the intermediate incumbrance; for in a contest between innocent parties, each having equal right to the assistance of a court of equity, the one who happens to have the legal estate is preferred to the others, the maxim being that when the equities are equal the law prevails: (Will. Real Pro. 363, 364, 4th edit.; Story's Eq. Jur. ss. 412, 413; Coote on Mortgages, 385 et seq. 3rd edit.; Smith's Man. Eq. 5th edit.) 6. When vendor loses his lien on the estate for unpaid purchase-money.-If the vendor takes a distinct and independent security for the purchase-money bis lien on the estate is gone; for such a security is evidence that he did not trust to the estate as a pledge for his money; as where he accepted stock for his money with an agreement that in case it did not produce a sum named within a limited time, the purchaser should make it up that sum; or where the vendor accepts a mortgage of another estate for the purchase-money, the obvious intention of burdening one estate being that the other shall remain free and unincumbered: so even when the vendor takes a mortgage of the estate sold for only part of the purchase-money. But taking a bond or note or other personal security, with the exception of stock, for the purchase-money, will not affect the purchaser's lien: (Sugd. V. & P. Conc. View, 528, 529, 533; Hughes' Pract. Conv. 65, 66). 7. Vendor dying before payment of purchase-money, to whom payable.-The vendor's personal representatives would in such a case be entitled to the purchasemoney; for real estate contracted or articled to be sold is considered or reputed as money; and equity considers that as done which is agreed to be done: (see Story's Eq. Jur.; Smith's Man. Eq. 5th edit.) 8. When letters operate as a binding agreement for the sale and purchase of an estate.-Letters that have passed between parties have been held to amount to an agreement where they contain the particulars necessary to form a contract, as the property sold, the price, &c. There must also be an offer on the one side and an acceptance on the other, without introducing any new stipulation or any exception; if the letters amount merely to a treaty, neither party can enforce them: (se Sug. V. & P. Conc. View, 523, 533; Lord St. Leonards' Handy Book, 39, 40, 6th edit.) 9. Time allowed a defendant to put in answer when required to answer. A defendant required to answer a bill, whether original or amended, must put in his plea, answer, or demurrer thereto, not demurring alone, within twenty-eight days from a delivery to him or his solicitor of a copy of the interrogatories which he is required to answer: (37 Consol. Orders, r. 4; Hallilay's Ch. Suit, appendix, 190.) 10. Time for closing evidence after issue joined. The time for closing evidence on both sides, including the cross-examination and re-examination, is eight weeks after issue joined; except that any witness who has made an affidavit intended to be used by any party to a cause at the hearing thereof shall be subject to cross-examination within one month after the expiration of such eight weeks: (see Hallilay's Ch. Suit, 56, 60.) 11. Within what time after evidence is closed plaintiff should set his cause down for hearing.- Within four weeks after the evidence is closed the plaintiff is to set down his cause and obtain and serve the subpoena to bear judgment, otherwise any defendant may move to dismiss the bill for want of prosecution; or the defendant may, instead of moving to dismiss, himself set the cause down and serve the subpoena to hear judgment: (see Hallilay's Ch. Suit, 61.) a Vice-Chancellors, requiring the executor or adminis- 14. Effect upon a suit of marriage of female plain- 15. Necessary evidence to support a petition to sue in formâ pauperis. —There must be an affidavit made by the pauper swearing that he is not worth 5l, his wearing apparel and the subject-matter of the suit (and that not in possession) only excepted. This must be accompanied with counsel's certificate that he has a just cause of suit. Upon presenting a petition to the Master of the Rolls thus verified, the order will be made: (Gold. Eq. 381, 4th edit. ; Ayck. Ch. Pr. 466.) As soon as the order is obtained copies should be served on the opposite parties without delay: (Ayck. supra.) (To be continued.) MERCANTILE LAWYER. NOTES OF NEW DECISIONS. assignment could not be set up by the assignees LEGAL OBITUARY. NOTE. This department of the LAW TIMES is contributed by EDWARD WALFORD, Esq., M.A., and late scholar of Balliol College, Oxford, oblige by forwarding to the LAW TIMES Office any dates and G. LAWTON, ESQ. The late George Lawton, jun., Esq., of St. Mary Gate, York, proctor and notary, was the eldest son of George Lawton, Esq, of Nunthorpe, near York, who, according to the Law List, is a proctor and notary of considerable standing at York, and holds the office of registrar of the Archdeaconry of the East Riding. He was born in the city of York in the year 1811, and was for some years engaged in business under his father. He died at York, aged 49, on the 14th Aug. 1860, and was buried at the York Public Cemetery. He has left eight children to lament his loss. J. C. MOORE, ESQ. 12. When defendant entitled to security for costs.If a plaintiff resides out of the jurisdiction of the court, the defendant is entitled to an order for security for costs. But if there are several plaintiffs, they must all be resident abroad to entitle the defendant to this order: (6 Ves. 612.) The plaintiff will not be ordered to give security where he is residing abroad in an official capacity, or in service as British officer: (9 Sim. 497.) However, if the plain- The late James Carrick Moore, Esq., of Corswall, tiff appears to have no fixed residence, he will be Wigtownshire, was the second son of the late John ordered to give security; and if the plaintiff's resi- Moore, Esq., M.D. (who was a brother of Lieudence, as described in the bill, be insufficient or vague, tenant-General Sir John Moore, K.B., who fell at security will be ordered: (10 Jur. 169; Oldale v. Corunna), by Jane Simpson, daughter of the Rev. J. Whitehead, 32 L. T. Rep. 269.) And if the plaintiff Simpson. He was born at Glasgow in Dec. 1762. changes his residence, and then amends his bill, he He was educated at the University of Glasgow. should describe himself as of his new residence, or he Having studied medicine, and practised as a surgeon may be compelled to give security: (see generally in London, he was appointed surgeon to the 2nd Hallilay's Ch. Suit, 93.) The defendant should make regiment of Life Guards, which post he held for several the application as soon as the facts come to his knowledge, for if he takes any subsequent step with a years. He was a magistrate and deputy-lieutenant kaowledge he waives his right: (Ibid.) for Wigtownshire, and inherited estates in Wigtown 13. Person entitled under 15 & 16 Vict. c. 86, to shire, Ayrshire and Kirkcudbrightshire, by the will obtain an administration summons. of a relative, Robert Carrick, Esq., whose name be Any person claiming to be a creditor, or a specific, pecuniary or He died in Clarges-street, London, on the 1st June 1860, in the 98th year of his age, and was residuary legatee, may obtain, without bill or claim buried at Richmond, Surrey. He married, in 1799, filed, or any other preliminary proceedings, a summons from the Master of the Rolls, or any of the he has left two sons and two daughters. He is sucHarriet, daughter of John Henderson, Esq., by whom assumed. ceeded in his property by his eldest son, John, who, as we learn from the "County Families," was born in 1805, and is married to a daughter of John Bradley, Esq. W. D. C. COOPER, ESQ. The late William Dodge Cooper Cooper, Esq., Deputy-Lieuteuant for the county of Bedford, and justice of the peace for the counties of Bedford and Middlesex and the Cinque Ports, who died on the 9th inst., at Toddington Manor, Beds, aged 78, was second son of the late Rev. John Heap, formerly rector of Birdham, Sussex, by Anne, daughter of John Cooper, Esq., who served as high sheriff of Beds, in 1812, and died in 1824. He was born, according to the "County Families," in 1782, and succeeded to his father-in-law's estate in 1824. Already, namely, in 1819, he had assumed by royal licence the surname and arms of Cooper, having married Elizabeth, daughter and heiress of the late John Cooper, Esq. The deceased gentleman, who was widely and deservedly beloved and respected, served the office of high sheriff of Bedfordshire in 1829. Ha is succeeded by his son William, who is a magistrate and deputy-lieutenant for Beds, and late major in the Bedfordshire militia. He was born in 1810, and married, in 1831, Laura Georgina, daughter of Capt. Ellis, of Tuy Duy Park, Monmouth, late of the lith Light Dragoons. The Cooper or Cowper family (for the name is spelt in early documents both ways) resided for many years in Sussex, but the branch immediately represented by Mr. Cooper of Toddington, was dwelling at Boasden, Cheshire, as early as A.D. 1377. An inscription on a gravestone in the middle aisle of Stockport parish church bears the name of Thomas Cowper de Bosden, 1411, and Thomas Cowper, ye son, 1471. From these individuals was directly descended Thomas Cowper, Esq., the staunch loyalist temp. Charles I., whose greatgreat-granddaughter was the mother of the gentleman so recently deceased. W. GIBSON, ESQ. The late William Gibson, Esq., of Ongar, Essex, was the eldest son of the late Rev. Robert Gibson, daughter of the late William Bullock, Esq., who was rector of Fyfield, in the same county, by Charlotte, for many years clerk of the peace for the county of Essex. He was born at Newland, in Gloucestershire, in the year 1798, and received his early education at Dedham Grammar-school, in the county of Essex. He was admitted a solicitor in June 1820. He was appointed clerk of the peace for the county of Essex, and clerk to the general meetings of lieutenancy, in the year 1817, by Viscount Maynard, the LordLieutenant, for whom he had acted as solicitor for many years. 1860, whilst in the discharge of his public duties, and He died suddenly at Chelmsford, on the 23rd May was buried at Chipping Ongar. He married, in 1825, Miss Eliza Sperling, daughter of the late Rev. James Sperling, rector of Great Maplestead, Essex, by whom he has left eight children. The deceased was universally respected, both in his public and private capacity; he was a friend to the cause of the poor, and gave largely to chartable purposes. He was much interested in missionary operations, and shortly before his death sent a donation of 1000. to the Church Missionary Society, part being given in his own name, and the remainder anonymously, accompanied with the text"The night cometh when no man can work.” He has been succeeded in his public appointments by his son Henry. H. W. TANCRED, ESQ, Q.C. The late Mr. Henry William Tancred, many years M.P. for Banbury, Oxfordshire, who died at Margate on the 20th inst., at the age of 79 or 80, was one of the most zealous, upright and inflexible members of the Whig politicians who came into public notice and public life after the passing of the Reform Act. The son of humble but respectable parents, he was born in 1780, and called to the bar at Lincoln's-inn in 1804. He was one of those eminent and learned men who rallied round Lord Brougham and the other founders and chief movers in the establishment of the Society for the Diffusion of Useful Knowledge, in the working of which he took the deepest interest. He did not enter upon public life until December 1832, when he was returned without opposition for Banbury, which he continued to represent until January 1859, when, warned by increasing years, he accepted the Chiltern Hundreds and retired into private life. In December 1834 he was returned, though not without a contest, as was also the case at the several general elections of July 1837, July 1841, August 1847, and at his last re-election in April 1857. He was unopposed in 1852. Mr. Tancred was not an unfrequent speaker in the House, and he always contrived to command attention. Though a thorough Liberal, he did not like the policy of O'Connell, and he regularly supported the policy and necessity of strong coercive measures for Ireland. He also actively opposed the sudden emancipation of the West Indian slaves in 1834, advocating instead a measure which should be gradual and prospective in its operation. In the same year we find him urging, instead of the disfranchisement of the corrupt borough of Warwick, the extension of the borough limits, so as to include the large and growing town of Leamington. He also supported the abolition of all naval and military sinecures, the ballot, and repeal of the malt tax, the removal of Jewish disabilities, the revision of the pension list, the repeal of the Septennial Act, the admission of Dissenters to the Universities, and Irish Church and Corporation Reform. He was appointed a Queen's Counsel in 1831, and at his death was the sixth on the list of benchers of his inn. Mr. Tancred, we believe, was never married; he usually resided at his chambers adjoining the Reform Club, of which he was a well-known and constant frequenter. "From his earliest years," says the Daily News, "Mr. Tancred was a reformer, a Whig and something more;' one of the older members of Brooks's Club, and a member of the Reform Club on the first institution of the latter association of Liberals. He was the author of a most valuable volume on the laws affecting the English and Irish Roman Catholics, and, we need not add, a zealous advocate of Catholic Emancipation. His able pamphlet on Parliamentary Reform, before the amendment of the representative system in 1832, was further considered inferior only to the pamphlets of Mr. Grote and Mr. Bailey, all of great value at that critical period of political excitement. Such claims on the Reformers entitled him to the representation of Banbury, and he was selected as the Liberal candidate in 1832, thus publicly, but not personally, known to any of the electors, and he was returned unopposed. Before that election the constituency numbered some nineteen electors only, and Banbury was the pocket borough of the North family. Increased by the Reform Act to 365, this now local electoral body proved themselves worthy the suffrage, and though on almost every subsequent dissolution of Parliament the borough has been besieged by Tory candidates, and sometimes by Liberal candidates professing Chartism, and dividing the Reformers for the benefit of the common enemy. yet Mr. Tancred successfully maintained his ground and the votes of a majority. Mr. Tancred never missed a division in favour of the ballot and for a repeal of the Septennial Act, and he supported every motion for an enlargement of the suffrage; not deeming the Acts of 1832 a full reform of our representative system, or as conclusive on an after generation. An honest conscience was really his guide in politics and party, and it was always with reluctance that when a Liberal ministry was in danger he sacrificed by a vote in its favour his own individual opinion on a particular question. He was in fact a truly independent member of the Legislature-more commonly in minorities than in majorities, though always maintaining his party when it was justly entitled to his support. Mr. Tancred never sought or received any office or mark of personal distinction from the Whigs, though enjoying the friendship of their leaders. They knew they could rely on his principles, and that his liberal convictions were the true bias of his votes in the House of Commons. Such disinterested legislators are not superabundant." PROMOTIONS, APPOINTMENTS, ETC. [Clerks of the Peace for Counties, Cities and Boroughs, will oblige by that may qualify.] regularly forwarding the names and addresses of all new Magistrates The Lord Chancellor has appointed Geo. Frederick Camell, of Sevenoaks, in the county of Kent, gentleman, to be a commissioner to administer oaths in the High Court of Chancery in England. pursuing, as a distinct vocation, the business of agents, in the management of property, or personal or commercial transactions, and remunerated by fees or charges in the nature of a commission, exceeds fifty thousand. This large number is altogether exclusive of merchants and traders only occasionally selling on commission; and stewards and clerks regularly retained and paid by salary. The business of these commission agents extends over almost every branch of industry and enterprise, and almost every kind of civil transactions the selling and letting houses and land, collecting rents, chartering ships, selling goods and merchandise, negotiating loans of money, bargaining in stocks, shares and securities, effecting life assurances and insurances against fire and sea-risks; the sales of the goodwill of trades, of law and medical practices, of advowsons, benefices and schools, negotiating partnerships, procuring places for the unemployed as clerks and servants; and, as the police reports inform us, pursuing their calling of procurators not only in the labour and money markets, but, in spite of all objections, even in the matrimonial market. At present, the Legislature has provided no system of regulations for this hybrid class. There are, in the case of auctioneers and appraisers, some scanty regulations, the chief object of which appears to be, to bring a small addition to the revenue in the shape of licence duties; and, in the case of the brokers of the city of London, the corporation of that ancient city has the privilege and profit of licensing each person coming legally within that denomination at the rate of 51. a head; but beyond this, any individual who is not an admitted attorney or solicitor may pursue the calling of a commission agent without restriction or control. He may have confided to him the management of the lands, houses and private affairs of the inhabitants of a whole county, the collection and receipt of rents and debts, the disbursement of whole revenues, the negotiation of endless private transactions. He may take on himself many of the most important and confidential of the duties of solicitors, without incurring the responsibilities which solicitors are under. Attorneys and solicitors have, from an early period, been subject to a system of legal regulations, imposed by the Legislature and the judges, to secure efficiency and upright dealing among members of the Profession. The stat. 6 & 7 Vict. c. 73, consolidating the previous provisions on the subject, contains a body of regulations providing for the education, examination and formal admission and registration of all attorneys and solicitors; and, so long as the transactions in which they are employed are intrusted to these practitioners apparently in their character of attorneys or solicitors, the courts at Westminster are ready to exercise the most vigilant control over them, to check immoderate charges, and call each practitioner to account for his defaults and malpractices: and the Queen's revenue takes from these attorneys and solicitors not only an annual sum for their certificates of qualification to practise, but a good slice out of the young beginner's capital, in the shape of a heavy stamp duty on the articles of clerkship, and a further amount on the document of admission. The result of all this is a very great inconsistency. The law, which imposes such stringent regulations in from competition with them, in some of the most the case of attorneys and solicitors, does not exclude important branches of their ordinary calling, those who are subject to no regulations or restriction at all. Attorneys and solicitors have a monoply as officers of the courts in the conduct of actions and suits; and have, with barristers, pleaders and certificated conThe Right Hon. Sir William Erle, Knight, Lord veyancers, a very limited monopoly in the actual Chief Justice of her Majesty's Court of Common drawing and preparing certain legal documents; but Pleas, at Westminster, has appointed the following in the large field of business, in which professional gentleman to be one of the perpetual commissioners skill, character and experience are so important, in for taking the acknowledgments of deeds to be exe- letting, selling and managing property, in the negocuted by married women, under the Act passed for tiations for private arrangements, or commercial the abolition of fines and recoveries, and for the sub-transactions of any kind, no such exclusive privileges stitution of more simple modes of assurance :-John exist. If, in any of these matters, the person Griffiths Reynell, Staple-inn, in and for the city of employed happen to be an attorney, he is subject to a London, also in and for the city and liberties of system of surveillance, from which he is free if he be Westminster, and county of Middlesex. not on the roll. In the latter case, the employer is for the most part without any adequate remedy for the fraudulent conduct, malpractice, or trickery of his agent. THE LAW LIBRARY. The Law Magazine and Law Review for August is a very readable number. It opens with an extremley interesting abstract of Mr. Forster's narrative of "The Arrest of the Five Members; an Essay on the Maritime Law of Master and Owner follows. "Tudor's Mercantile Law Cases" is elaborately reviewed. Then there is the second of a series of "Causes Célébres;" the case of "The Watchman of Eldagsen" - -a perfect romance; Heron's "History of Jurisprudence;" "Reporters and Reporting;" and "Commission Agents" are the other subjects treated of. This last, containing brief but just remarks by Mr. Pulling, we extract. THE REGULATIONS AFFECTING COMMISSION According to the last census, the number of persons in Great Britain, other than attorneys and solicitors, attention of the Legislature. Here is a discrepancy which surely deserves the Either the attorney is hardly dealt with, when called on summarily, on an ex parte statement, to answer charges of extortion or malpractice in private transactions in which he has been professionally engaged; or persons in a similar situation, who are not on the roll of attorneys, unjustly escape. Now, a broker skilled in the mysteries of the Stock Exchange, embarking on behalf of his principal in complicated transactions in the funds, in mines, or railway shares; a land, house, or estate agent, letting and selling his client's property, and collecting the the negotiation for the sale of an advowson, a next rents; a clerical, legal, or medical agent conducting presentation, or the goodwill of a professional business; a loan and discount agent, employed by a necessitous borrower - have certainly as much opportunity of being dishonest and extortionate as attorneys and solicitors. Indeed, the reports of the proceedings in actions and suits, and criminal trials, in which a knavish broker, house agent, or moneylender is complained of, too often show how prevalent are the evils, how ineffectual the remedies which the existing law affords to call to account those who are manifestly in default. There are, of course, to be found among the large body to which we are referring, men of high character and worth; but with the honourable and industrious are also found persons of every shade of character-the tricky advertiser, the touting "office" keeper; persons who have been struck off the roll of attorneys, discarded clerks, uncertificated bankrupts, and dishonest insolvents. Our police reports, and the proceedings in our civil and criminal courts, show how frequent and various are the disputes which arise from the transactions in which these agents are engaged. The accounts and charges of brokers have been the subject of express regulation in the chief commercial cities of Europe from the earliest time; and in the city of London there still exists a very ancient system for regulation of this class of agents, which, however, like most of the institutions of that venerable municipality, is so rusty in its machinery that it is rarely resorted to with any advantage. The French, Spanish, Portuguese and Prussian codes, however, all minutely provide for the rendering and strict taxation of the accounts of all commission agents. In this country, of late years, the criminal law has been made to reach agents guilty of embezzling their principal's money, or illegally selling or pledging their goods; but a dishonest commission agent, who does not come within the letter of the criminal law, is too often able to set his employers at defiance. Our common law afforded a civil remedy against defaulting agents by action of account, (a) once perhaps simple and expeditious, but, by the ingenuity of the old pleaders, rendered worse than the evil it affected to cure; and the proceeding by suit in Chancery, which succeeded the action of account, simply affords, in the majority of cases, an immunity to defaulters, and too often visits with ruin those who have the hardihood to call them to account. Assuming that there is a just foundation for the summary jurisdiction now exercised by the courts at Westminster over the accounts of attorneys and solicitors, it can hardly be deemed inequitable to prescribe some sort of control over the dealings of those who equally fill a fiduciary character. are A stockbroker, who has, by his malpractices, brought his too confiding employer to ruin-a salesman, who has jobbed away his principal's propertya house or estate agent, who has made extortionate charges-is not less rightfully the object of a summary jurisdiction than an attorney whose client complains of his bill of costs being too heavy. Could not some of the rules relating to attorneys be advantageously adapted to the cases to which we referring? Why should not all commission agents be liable to have their charges taxed, and their accounts summarily investigated, like those of attorneys and solicitors? Further, is there anything very unreasonable in the suggestion, that all agents of the class already described should be subject to a system of registration, and be liable, on conviction of dishonesty or malpractice, to be suspended or expunged from the list? machinery. A registrar with a very small staff of Such a reform could be carried out by a very simple clerks, and a few salutary rules as to certificates of character, &c., of the applicants for admission, would suffice to secure the public from disreputable practitioners; and provisions, somewhat similar to those respecting attorneys' bills of costs, would generally prevent extortionate charges. The Chancellor of the Exchequer would by a certificate tax on these agents, such as that now required of attorneys, gain for the public revenue at least a quarter of a million per annum. The more respectable members of the calling could hardly grumble at such a small tax; and it would go far to keep away those whose respectability was questionable. The registrar should have a summary power of taxing, as of course, any agent's charges in dispute, within one month after account rendered or payment, taking as the guide the present accustomed and legal charges of agents in their several departments; and, for general information, the registrar should publish the rate of commission, &c., authorised by custom and by the existing statute law (see 10 Anne, c. 19, s. 121; 12 Anne, s. 2, c. 16; 53 Geo. 3, c. 141, s. 9) as to annuities, loans, &c. Any judge of either of the Superior Courts, or of the County Courts, should, under the same restrictions as the 6 & 7 Vict. c. 73, s. 37, imposes, have power to compel delivery of an account, by an agent who had not already rendered such an account, on primâ facie proof of his having received his principal's moneys, or been overpaid, and under the same restrictions to refer all accounts for taxation by the registrar, or one of the taxing masters, or the registrars of the County Courts. By provisions of a somewhat similar character to those made under the 6 & 7 Vict. c. 73, the expenses of taxation of charges for agency might be made always to fall on the party really in the wrong. (a) A proposal for reviving this proceeding was brought before the Law Amendment Society, by the writer, in 1848. These suggestions, it will be seen, have at least one virtue simplicity-to recommend them. They are founded on the equity of providing similar regulations for cases nearly identical. They have in view, before any other consideration, the public good; but they concern peculiarly the members of the legal profession, whose everyday experience must convince them how urgently some system of control is required over the charges and dealings of the class to which we have been referring. JOURNAL OF AUCTIONS, ESTATES AND INVESTMENTS. REPORTS OF SALES. NOTE.-The Reports of the Estate Exchange are officially supplied to the following list. Auctioneers whose sales are registered there will oblige by forwarding similar reports of their own sales. IN LONDON. A At Garraway's-A policy for 2000 in the Minerva Life Assurance Company, on the life of a gentleman aged 66 years-sold for 6002 policy for 20004 in the Guardian Life Assurance Company on the life of a gentleman aged 64 years-sold for 5501 A policy for 10007. in the Minerva Life Assurance Company on the life of a gentleman now aged 55 years-sold for 2504 Two policies for 2001 and 30 . in the same office on the life of a gentleman aged 4 years-sold for 754. A policy for 2004 in the same office on the life of a gentleman aged 62 yearssold for 654 Bankrupts, Gazette, Aug. 21. :: :: 96 103 16 ANDREW, JOHN MOORHOUSE, innkeeper, Dewsbury, Sept. 3 and 27, at eleven, Leeds. Off. as. Hope. Sols. Walker, Dewsbury; and Cariss and Cudworth, Leeds. Petition, Aug. 16. ARNOLD, PHILIP and JOHN, straw plait merchants, Luton, Bedfordshire, Aug. 30 and Oct. 5, at half past twelve. Basinghall-street. Off. as. Cannan. Sols. Linklater and Hackwood, Walbrook. l'etition, Aug. 8. BELL, JAMES, and WILSON, CHARLES, stuff merchants, Bradford, Yorkshire, Sept. 3 and 27, at eleven, Leeds. Off. as. Hope. Sols. Wood, Bradford; and Cariss and Cudworth, Leeds. Petition, Aug. 9. CHADWICK, JOSEPH. stone merchant, Willington-wharf, Augustusstreet, Regent's-park. Aug. 31. at eleven, Oct. 11, at half-past twelve, Basinghall-street. Off as. Whitmore. Sols. Linklater and Hackwood, Walbrook. Petition, Aug. 20. CLARKE, JOSEPII, tanner, Kidderminster and Bewdley, Sept. 3 and WILSON, JOHN, boot maker, Sunderland, Aug. 30 and Oct. 10, at BARBER, JOHN, machine and roller maker, 17, Bromley-street, Manchester, Sept. 6 and Oct. 9, at twelve, Manchester. Com. Jemmett. Off. as. Hernaman. Sols. Hulton and Brett, New Bailey-street, Salford. Petition, Aug. 22. BRADLEY, CHARLES, iron dealer and iron broker, Deepfields, Bilston, Stafford, Sept. 7 and 23, at eleven, Birmingham. Com. Sanders. Off. as. Kinnear. Sols. Smith, Birmingham; and Coldicott and Canning, Dudley. Petition, Aug. 22. BUHRER, ABRAHAM, importer of foreign glass, 46, Skinner-street, Snow-hill, City, Sept. 4, at half-past eleven, Oct. 12, at twelve, Basinghall-treet. Com. Fane. Off. as. Cannan. Sol. Wells, Moorgate-street. Petition, Aug. 4. CROSS JOHN, draper, Windsor, Berks, Sept. 5, at half past two Oct. 3. at eleven, Basinghall-street. Com. Fonblanque. Off. As Stansfeld. Sols. Ashurst and Morris, Old Jewry. Petition, Aug. 21. DRAGE, GEORGE ALLERONE, shoe manufacturer Olney, Buckingham shire, Sept. 4, at half-past twelve, Oct. 8, at half-past eleven, Basinghall-street. Com. Goulburn. Off. as. Pennell. Sol. Abrahams, Gresham-street. Petition, Aug. 17. EYKE, JOSEPH JOHN RICHARD, carman, 213. Milton-street, Cripplegate. Sept. 3 and Oct. 4, at one, 'Basinghall-street. Com. Fonblanque. Off. as. Graham. Sols. Lewis and Sons, Wilmingtonsquare. Petition, Aug. 21. HESELTINE. JAME3, hotel keeper and postmaster. Norwich, Sent. 5 HORROCKS. RICHARD, baker and flour dealer, Liverpool, Sept. 7 and 25, at eleven. Liverpool. Com. Perry. Off. as. Bird. Sols. Neal and Martin, Liverpool. Petition, Aug. 21. HUGHES, JOHN, woollen warehouseman and commission agent, 2, Gresham-terrace, Queen's-road, Dalston, Middlesex, Sept. 5, at eleven, Oct. 3, at half past two. Basinghall-street. Com. Fonblanque. Off. as, Stansfeld. Sols. Van Sandau and Cumming, Kingstreet, Cheapside. Petition, Aug 22. JOBBINS, EPHRAIM, currier and leather seller. 65, Northgate-street, Gloncestor, Sept. 4 and Oct. 2. at eleven, Bristol. Com. Hill. Off. as. Miller. Sols. Messrs. Lovegrove, Gloucester. Petition. Aug, 22. LEWIS, THOMAS ROBERT, merchant, 16, Gould-square. Crutched Friars, Sept. 6, at twelve, Oct. 8, at eleven, Basinghall-street. Com. Goulburn. Off as. Pennell. Sols. Lawrance, Plows and Boyer, Old Jewry-chambers. Petition, July 7. SPICER, THOMAS, oil and colourman, 2, Little Britain, Sept. 5. at half-past twelve. Oct. 4, at half-past one, Basinghall-street. Com. Fonblanque. Off as, Graham. Sols. Evans and Phillips, Colemanstreet. Petition, Aug. 20. STEVENS, FRANCIS, and ABBOTT, GEORGE, curriers and leathersellers, Earls Barton, Northamptonshire, Sept. 4, at half-past one. Oct. 4. at twelve, Basinghal-street. Com. Evans. Off. as. Bell Sol. Mote, Bucklersbury. Petition, Aug. 21. WATTS, JAMES HIENEY, and WATTS, JOSEPI, plumbers, painters and glaziers, 7, Richard-street, Woolwich, Sept. 5, at half-past one, Oct. 4, at eleven, Basinghall-street. Com. Fonblanque. Off. as. Graham. Sol. Buchanan, Basinghall-street. Petition, Aug. 22. Dividends. BANKRUPTS' ESTATES. Oficial Assignees are given, to whom apply for the Arford and Greenlade, timber and slate merchants, first, 4s. Hirtzel, Exeter-Cooper, F. currier, first, 1. Harris, Nottingham-Freeman and Ciford, elastic web manufacturers, first, 6. Harris, Nottingham. -Follett, H shipbuilder, first, 11d. Hirtzel, Exeter.-Hawks. P. brickmaker, first, Is. 5jd. Hirtzel. Exeter.-Henderson, J. draper. first. 48. Harris, Nottingham -Js, C. leather cutter, second, Is. Harris, Nottingham-Lancey, J. linendraper, first, 8s. 6d. Hirtzel, ExeterPaynter, F. attorney, fifth. 8jd. Hirtzel. Exeter. - Phillipson, G. wine and spirit merchant, first, Is. 4d. Harris, Nottingham.-Pook, W. grocer, first, s. 11d. Hirtzel. Exeter-Rogers, H. J. surgeon, third, 28. 93d. Hirtzel, Exeter.-Slade and Vining, attorneys, further, 4s. 7d. (and not first, as before advertised). Hirtzel, Exeter.-Wootton, J. builder, first, 2s. 5d. Harris, Nottingham. INSOLVENTS' ESTATES. Bennett, W. 4d Apply at the County Court, Nottingham.-Holmes, W. 7d. Apply at the County Court, Nottingham.-Morley, T. Id. Apply at the County Court, Mansfield-Wallace, W. 2d. Apply at the County Court, Nottingham.-Wright, C. 2d. Apply at the County Court, Nottingham. Assignments for the Benefit of Creditors. Gazette, Aug. 10. Baker, F. J. brewer, Old Radford, Aug. 1. Trusts. J. Thorpe, cornfactor, and R. Exton, bank manager, both Nottingham. Sol. Hunt, Nottingham.-Hindley, R. brewer. Liverpool, July 21. Trust. T. Rees, corn merchant, Liverpool. Sols, Fletcher and Hull, Liverpool.-Jennings, G. marble mason and plasterer. York, Aug. 2. Trusts. R. L. Wood, timber merchant, and J. Drysdale, gentlemau, both York. Sols. Leman and Clark, York.-King, C. L. tailor and hatter, Ryde, Isle of Wight, July 19. Trusts S. G. Holland, Old Bond-street, and J. Coleman, Golden-square, woollen warehousemen. Sol. Reed, Greshamstreet. Markwell, J. horsedealer, Market Deeping, July 14. Trusts. W. Holland, distiller, and J. T. Marston, common brewer, both Market Deeping. Sols. Phillips, jun., and Thompson, both Stamford. -Niron, J. T. auctioneer and commission agent, Ashford, July 16. Trust. R. Beswick, coal and iron master, Chell House, Tunstall. Sol, Udall, Newcastle-under-Lyme.-Smith. J. cordwainer, Chippenham, July 18. Trusts. J. Merchant, boot and shoe maker, Chippenham. J. Smith, Devizes, and H. Smith, Chippenham, carriers. Sols. Messrs. Awdry. Chippenham.--Tearle, D. straw plait dealer, Houghton Regis, and Luton, Aug. 1. Trusts. J. Wright, straw plait merchant, Hemel Hempstead, E Arnold, straw plait dealer. Flamstead, and F. Bassett, banker, Leighton Buzzard. Sol. Stenning, Fenchurch-street, London. Gazette, Aug 14. Battersby, T. builder and contractor, Worksop, Aug. 4. Trusts. T. Coates, lime merchant, Brancliffe-quarry, Anston, and G. Mayor, auctioneer, Worksop. Sol. Whall, Worksop. Deed with T. Coates, Anston.-Beyfus, J. and M. merchants, Birmingham, July 31. Trust. W. Meyerstein, merchant, Friday-street. Sol Sydney and Son. Finsbury-circus-Cook, C. baker, Crosby-green, Rickmansworth, July 19 Trust. C. Howard, Hunton-bridge, and J. Swannell, Rickmansworth, mealmen. Sol. Rowell, Rickmansworth.-Hemming, T. butcher, Broadwas, July 26. Trust. E. B. Guest, gontleman Broadwas. Sel. Corles, Worcester.-Major, J. printer, Sandown, Isle of Wight. July 28. Trust. J. Woodward, Esq., Rookley, Isle of Wight. Sol. Pittis, Newport, Isle of Wight.-Stubberfield, T. H. linendraper, Deal, July 27. Trust. J. Englefield, warehouseman, Gresham-street, and T. E. Back, linendraper, Dover. Sol. Turner, Aldermanbury. Gazette, Aug. 17. Braim, J. currier. Tring, July 19. Trust. W. Fisher, leather merchant, Maze-pond, Southwark. Sols. Shugar, Tring and Richardson, Old Jewry-chambers. Deed with Robinson, Nicholls and Co., accountants, Old Jewry-chambers.- Brown, W. linendraper, Whitechapel-road, July 24. Trusts. J. Baruicot, warehouseman, Fridaystreet, and S. Copestake, wholesale laceman, Bow-churchyard. Sol. Heather, jun. Paternoster-row-Butler, J. 8. druggist, West Derbyroad, West Derby, July 17. Trusts. H. S. Evans, wholesale druggist, and G. E. Holt, accountant, both of Liverpool. Sols. Jones and Patterson, Liverpool.-Gardner, T. victualler, Wellington Hotel, Horfield, July 19. Trust. H. Daniel, auctioneer, Bristol. Sol. Clifton, Bristol.Hands, H. tobacconist, Oriel-street, Oxford, July 23. Trust. H. Harris, grocer, Walton-street, Oxford. Sol. Williams, Oxford.-Holden, J. woollen manufacturer, Marslands, Saddleworth, July 27. Trusts. R. Bradbury, gentleman, Marslands, Saddleworth, J. Eastword, Dobcross, Saddleworth, and F. Allot, Upper Mill, Saddlesworth, dyers. Sols. Lees and Shaw, Staleybridge-Jay, G. pianoforte maker, Cardington-street. Hampstead-road, and Queen-street, Camden-town, July 21. Trusts. J. Goddard, iroumonger, Tottenham court-road, and R. Dawson, pianoforte action maker, Gloucester-street, Camdentown. Sols. Messrs. Williams, Alfred-place, Bedford-square-Lurton, J. draper, High-row, Silver-street, Notting-bill, and Spring-street, Sussex-gardens, trading as J. P. Luxton, July 30. Trusts. C. Milburn, Newgate street, and D. Smith, wareho seman, Wood-street. Sol. Mardon, Newgate-street-Mais, C. J. B. coal merchant, Highbridge, July 24. Trusts. J. W. Sully, coal proprietor and merchant. Bridgwater and Lydney, and A. W. Ball, manager of the West of England and South Wales District Bank, Bridgwater. Sol. Barham, Bridgwater-Price. N. draper, West-green, Tottenham, Aug. 3. Trusts. B. Smith, St. Martin's-le-Grand, and T. Mansbridge, Wood-street, warehousemen. Sol. Mardon, Newgate-street-Prust, T. grocer and draper, Poundstock, Aug. 2. Trusts. C. H. Daw, draper, Tavistock, and J. Doidge, grocer, Launceston. Sols. Carpenter and Luxton, Tavistock.-Rue, T. draper, East Stonehouse July 23. Trusts. W. Hathway, woollen merchant, Bristol, an Fordyce, merchant Glasgow. Sols. Elworthy, Curtis and Dawe, Plymouth-Tien teadealer, Leeds, July 30. Trusts. F. Fryer, tea-lealer, and can, commercial traveller, both of Leeds. Sois. Hick and J -Turner, W. grocer and teadealer. Brecknock-place, Cand July 30. Trusts. W. Peek. jun. wholesale teadealer, Faste W. F. Arnold, stevedore, Cannon-street-road. and Fawdon, Bread-street. Cheapside.-Ward, J. provision a Leeds. Aug 3. Trusts. D. B. Fletcher, Leeds, and S. Tami merchants. Sol. Simpson, Leeds.-Wells, W. grocer and dr head St. Andrew, Wilts, July 21. Trusts. J. Boyd, wareho Friday-street. Sol. Heather, Paternoster-row.-Wingray, bonnet dealer, Plymouth, Aug. 2. Trust. J. Allen, wholemi houseman, Cheapside, London. Sols. Lawrence, Smith and Fitn Bread-street, Cheapside.-Woodrow, W. J. lin-ndrager, Be street, Clare market, July 24. Traste. R. Bleakley, farmer. Be J. C. Bowman, Wood-street, and B. Smith, St. Martin warehousemen. Sol Lloyd, Milk-street, Cheapside Insolvents. Petitions to be heard at the County Courts, Blake, J. C. (sued as C. Blake), beerhouse-keeper and bue tobacco. Bristol, Aug. 30, at ten. Bristol-Blake, J. teadeder el licensed to sell ale and porter, Chester, Aug. 17, at ter. ChsteCross, J. waiter. Brighton, Aug. 18, at ten, Brighton-Laws G. and provision dealer, Abereansed, Merthyr Tydfil, Aug. 23: Merthyr Tydf-Lock, W. S. tailor and draper, Little emp 25, at eleven, Arundel. -Manley. II. innkeeper. Wellington, M Aug. 18, at ten. Wellington.-Moon, W. builder, plasterer, ri plumber, Bristol, Sept. 27, at ten, Bristol-Peach. E strawb bonnet manufacturer, blocker and baker, Luton, Aug. 24, L Luton-Scutt, J. labourer and road contractor, Coneybarn, Kiş hurst, Aug. 21, at twelve, Horsham. ESTATES VESTED IN PROVISIONAL ASSIGNEE Adkins, T. C. carpenter, Saint John's-hil, Battersea-rian: Surro Almond, N. K boot and shoe maker. Royal-hill, Greenwich: N stone.-Bailey, J. mason and builder, Woodhouse, Lands: TokBlack, W. fruiterer, Newland; Lincoln-Blanshare, D. farm labrum, Market Weighton'; York.-Bracher, F. tailor and breeches mart Pleasant-row, Lower-road, Islington; Debtors' prison-Braban J. out of business, Brighton; Lewes-Brink, C. W. Pector of ne cine, Leicester-street, Leicester-square; Debtors' prison -51 fancy milliner, Lyon-terrace, Edgware-road; Debtors' prison-C ning. J. T. mealman, and letting horses and gigs for hire, H Bishop Stortford; Hertford-Charter, C. thatcher, Litlington: bridge.-Corbett, J. F. attorney's clerk, Walsall, Stafford-Coupe 1 weaver, Ashton-under-Lyne; Lancaster.-Daly, P. J. hoarding-b keeper, Liverpool: Liverpool-Daniels, A. no occupation, Pagam street, South Pimlico; Debtors' prison.-Earnshaw, Hout of her Thongs bridge, Holmfirth; York.-Evans, W. builder, Aben Cardiff-Everard. C. painter, Stibbington-street, Somers-E Debtors' prison.-Fleming, W. out of business, Kingston-up-lic Huli-Fleuret, E. H. builder, Gifford-street, Caledonian-road; Da prison. Fox, W. F. out of business, Dewsbury; York-Gashi, I iron dealer, Houndsditch; Debtors' prison.-Glass. H. out of basses Bristol; Bristol -Goodwin, G. out of b1siness, Wood-street. Che side; Debtors' prison.-Gray, W. boot and shoe maker, Cramlingt village, Northumberland; Morpeth.-Green, II. C. pabian, is well; Cambridge.-Green, M. E. widow, in no business. H Devon.-Greetham, E. W. photographer and dealer in phot goods, Landport; Winchester.-Griffiths, J. victualler, Wer Stafford.-Hall, K. watchmaker, Dover; Maidstone.- Hand, J. W out of business, Stevenage: Hertford.-Harmsworth, G. comm agent, Surbiton-terrace, Surbiton: Debtors' prison.-Henderson, A surgeon, Upper Seymour-street; Debtors' prison-Hil', C. A. business, Bristol; Bristol-Ibbotson, A. stonemason, Dregist Ashton-under-Lyne; Lancaster.-Lawton, H. boot and shoe maker, Tunstall, Wolstanton; Stafford.-Le se, J. working collier, Bare Stafford.-Lyon, J. S out of business, Plymouth; Devon — Maryda J. brewer's clerk, Esther-place, Bridge-street, Greenwich; Me -Marshall, G. window blind manufacturer, Cadogan street, Chi, Debtors' prison.-Mason, A. iroumonger, Brighton: Lewes -Wis W. commission agent, Birkenhead; Lancaster-Meredith, J. hdlayer and builder, Hulme, Manchester: Lancaster.-Mordey, J. G. s dealer and seed merchant, Bishop Wearmouth: Durham H. retired lieut.-colonel of the Madras army, and a military Norland-square, Notting-hill; Queen's prison.-Noble. H. B. izr and blacksmith, Anne-street, Globe-fields; Debtors' prison.-m T. L. V. widow, professor of languages, Moscow-road, Bayswer Debtors' prison-Parker, W. assistant to an hotel keeper, Teatrite Maidstone-Power, W. out of business, New Elvet, Durham: Daraz Roberts, E. out of business, Long Millgate, Manchester: LauteSalisbury, G. appraiser, stationer and general agent, Bacap: La ter-Songest, J. grocer and general dealer, Child's-b), Hendy; Debtors' prison.-Stear, H. W. lace merchant, Bread-street, Cheapside: Queen's prison.-Toppin, E. surveyor and auctioneer, Portland cottages. Norwood; Debtors' prison.-Wales. J. out of business, New street. Bermondsey; Debtors' prison.-Welch, J. out of bes Montpelier-road. Peckham; Surrey.-Wheatley, C. II. buyer and su of houses, Montague-place, Kentish-town; Debtors' prison-We son. C. H. in no occupation, Pelham-villas. Broniptea; Dery prison.-Young, J. omnibus conductor, St. George's-mews, Park-Paki, Primrose-hill; Debtors' prison. BIRTHS, MARRIAGES AND DEATHS. BIRTHS. COBRETT. On the 20th inst., in Grafton-street, Mayfair, the wh JACOBS On the 17th inst, at 8, Sunderland-terrace, Westbourne- MARRIAGES. CLEAVE-PHILLOTT.-On the 16th inst., at Budleigh, Devon, Joha Jones Cleave, Esq., of the Inner Temple, barrister-at-law, to sa Henrietta Hamilton Phillott, only daughter of the late Captain W.. Phillott, Bengal army. DAWSON-HOLLOWAY.-On the 23rd inst., at St. James's Charth, Croydon, Henry Dawson, Esq, of Leeds, to Ann, widow of the late John Hends Holloway, Esq, of East Leigh, Havant, Hants, s EDOCOMBE-CAMPBELL-On the 21st inst, at Himley, Staf ekskin, F. I. 8. Edgcombe, barrister at-law, Lincoln's-inn, to Mary Cap bell, second daughter of the late George Colin Campbell HARGROVE-AVID.-On the 22nd inst, at the parish charch. La Kent, James Sidney Hargrove, Esq, of 6, Pembrige-crescent, Bayswater, to Jessie, second daughter of John Avid, Esq. of the Grove, Loc. LANGLEY-HOOD.-On the 17th inst., at St. Margaret's, Lee, Kent, Albert Gordon Langley, Esq., of the Middle Temple, barrist law, to Emma, third daughter of the late Robert Jacomb Hand, Esq., of Bardon-nark, Leicestershire. MURTON-CALLAWAY.-On the 23rd inst, at Herne Church, K Walter Murton, of Gray's-inn, solicitor, to Mary, second daughter of the late Mr. John Callaway, of Canterbury. ORRIDGE-EVANS.-On the 21st inst, at St. Mark's Church, Regen park, Robert Orridge, Esq., of the Middle Temple, barrister-al-l to Margaret Moule, eldest daughter of Frederick Mullett Evans, Esq, of Queen's road west and Whitefriars THOMSON-LEWIS.-On the 16th inst, at Barningham, C. Garder Thomson, Esq., solicitor, Kendal, to Hannah Jane, youngest daugh of the Rev. John Lewis, Barningham, Darlington. WHITE-OWEN.-On the 16th inst., at St. James's Piccadilly, Arthur White, Esq., barrister-at-law, to Maria, relict of Thomas Owen, Esq, late of Clapham. DEATHS. ARMITAGE. On the 17th inst., at Birkby-lodge, Huddersfield, god TANCRED. On the 20th inst., at Margate, Henry William Tantred, To Readers and Correspondents. S. F. We cannot at this moment find the article to which was no less than sixteen, and many of them have land were bound to take cognisance of these cases; become laws. The first Bill I had the honour to introduce was The refers; but a much better system has been published by called the Court of Chancery Bill, and had for its Mr. Mackenzie. a. Pirr's letter next week. l communications must be authenticated with the name and address of the writer, not necessarily for publication, the institution of masters in Chancery should have but as a guarantee for good faith. l anonymous communications are invariably rejected. IARY OF SALES BY AUCTION DURING Advertised in the Law Times.. WEDNESDAY, SEPTEMBER 5. eehold and leasehold farm, lands and rentcharges, at West Buckland and Hillfarrance, Somerset, by Maynard and Sons, at Pattison's Castle Hotel, Taunton. Advertised this day. THURSDAY, SEPTEMBER 6. esirable small landed investment, at Old Newton, Suffolk Advertised Aug. 25. object to enable me to discharge the remaining mas- by Newson and Sexton, at the Fox Inn, Stowmarket. perly to have been done by the masters in Chancery, NOTICE. he FIRST VOLUME of the New Series of the LAW TIMES REPORTS may now be had, price 24s. half-bound. It contains reports of more than four hundred cases decided since the commencement of Michaelmas Term last. ick numbers of the New Series of the Reports are kept on sale, to complete sets. e REPORTS will be uniformly and strongly bound at the office for As. The volumes of the LAW TIMES for 58. 6d. Portfolio to contain thirty numbers of the Law Times Reports may be had, price 3s. 6d. It will be forwarded by post (paid) on transmission of 33. 10d. in postage-stamps —viz., 3s. 6d. for the portfolio and 4d. for the postage. It is made 20 that it will close as flat as a book, whatever the quantity of leaves within it, and thus it will serve all the purposes of a bound volume, and be a substitute for a weekly cover. THE "LAW TIMES" REPORTS. The next was the Joint-Stock Companies Bill, which might have been passed without difficulty, for it contained little to cause difference of opinion, and one evening's discussion would have carried it through committee; it was sent down by the Lords early in the session, and if Mr. MILNER GIBSON had not thought more of his interests as one of the founders of the Morning Star than of the public interests, it might have been carried many weeks ago. The Criminal Consolidation Bills failed also, but not from the same cause. The threat of a discussion of the clauses in committee extinguished them, as it will certainly destroy any Consolidation Bills whatever; for they are only possible where the Legislature consents to accept them in reliance upon the skill of the draftsmen, leaving the correction of errors to future amend ese Reports are published also in Monthly Parts, for the use Courts, edited, with Notes, &c., by Edward W. Cox, Esq., II. may still be had. he above will be sent to the subscribers by post (paid). TO READERS. Evans's LAW DIGEST will in future be published on the 1st of SCALE OF CHARGES FOR ADVERTISEMENTS. Os. 6d A reduction from the above charges of ten per cent. for hree insertions, and of twenty per cent. for six insertions. Advertisements specially ordered for the first page are charged one-fourth inore than the above scale. Advertisements should reach the Office not later than six o'clock on Friday. THE Law and the Lawyers. The next were three Bills designed-the first debtors to Scotland. We take the CHANCELLOR'S As the law stood, unless death resulted from the administration of poison, or poison was administered with the intention of causing death, its administration was no crime; and the object of my Bill was to enact that the administration of poison with the intention of endangering life, or doing bodily harm, should be a felony; with the intention of annoying or injuring it should be a misdemeanour. That Bill was rapidly passed, and in a few weeks it received the Royal assent. The next Bill was called the Law equitable jurisdiction of the courts of common law so and Equity Bill, and its objects were to enlarge the as to enable them to decide any question of equity which might incidentally arise, and to improve what I may call their pure procedure. The first part of that Bill, although recommended by the Common Law Commissioners, was disapproved by many equity judges and by members of your Lordships' House for whom I have a sincere respect. After a most able and permanently valuable memorial in its favour from the Lord Chief Justice of England, Lord Chief Justice Cockburn, and two of its colleagues, recommending all its provisions, it was referred to a Select Committee, when a number of clauses, upon which I set great value, were rejected, and it was, in my opinion, materially mutilated. At the same time, the equitable jurisdiction of the common law courts was so extended as to allow them to release from forfeiture for nonpayment of rent, or non-insuring, and also with respect to the proceeding of interpleader, which has been found most beneficial. The other part of the Bill was approved, and in that state it was sent to the other House. It has been approved by that House, and now waits for the Royal assent; and I will venture to say that by that Bill alone more is done to improve the administration of justice in Deep disappointment has been expressed, and loud all the Acts which were passed in the sixty years' the courts in Westminster-hall than was done by complaints have been made that the present session has been a complete failure with respect to law re-reign of George III., the longest in the history of this form. I admit that a good deal more might have been expected than has been accomplished, but at the same time I think the expectations were exaggerated, and the description of the failure is very much overcharged. I impute no blame to any party or any individual that the full expectations which were entertained have not been realised. I shall ascribe it to adverse and inevitable circumstances, but I can take no blame to myself, and I am sure your Lordships are free from all blame, for you have in the most exemplary manner received all proposals for legal reform which have been made during the session, and have done all in your power to carry them into effect. The number of Law Reform Bills introduced by the indefatigable LORD CHANCELLOR himself THE LAW REFORMS OF THE SESSION. THE LORD CHANCELLOR has summed up the product of the session in the department of law reforms. It has not been quite so unfruitful as represented by the newspapers; nevertheless, a large portion of the CHANCELLOR'S speech was devoted to apologising for what was not done. VOL. XXXV.-No. 909. and my Bill provided that in all cases in which the majority of the creditors did not reside in Scotland they might stop these proceedings by dismissing the petition. I am happy to say that that Bill passed both Houses, and has received the Royal assent. Divorce Court, by enabling the Judge Ordinary The next contemplated the improvement of the to grant divorce. The next was a useful Bill, empowering the Charity Commissioners to administer small charities without an appeal to the Court of Chancery. Commissioners is, that its proceedings are unattended The peculiarity of this tribunal of the Charity with any fees or any expense whatever. With all my respect for the Court of Chancery, I cannot pay the same compliment to that court. By reason, then, Commissioners, who are men of great learning, ability, of the enactments to which I refer, these Charity assiduity and zeal, are now empowered to appoint trustees, make orders as to leases, and do all that is necessary for the administration of these charities without going to the Court of Chancery, a formality which used to produce great delay and much waste of the charity estates. The only other Bill, with the history of which I have to trouble your Lordships, is a Bill to authorise the Lord Chancellor, with the assistance of the other equity judges, to carry into effect the recommendations of the commissioners who were appointed to consider the mode of taking evidence in equity suits. The appointment of that commission was recommended by my noble and learned friend Lord Lyndhurst, and it has made valuable reports. It was thought that the Lord Chancellor, by the authority of former Acts of Parliament, or by the inherent authority of the court, might have carried those recommendations into effect; but my noble and learned friend Lord St. Leonards entertained a different opinion, and, accordingly, I introduced a ships, but which was passed by the other House of measure which was not only approved by your LordParliament; and I have the satisfaction of saying that we have made great progress in carrying out the recommendations of the commissioners. I have no doubt that at the end of the long vacation orders will be framed and published, under the authority of the Lord Chancellor and the equity judges, by which those recommendations will become binding on the practice of the court, and will be attended with very considerable advantage to the public. Then Lord ST. LEONARDS had succeeded in carrying an extension and amendment of his Law of Property Act; Lord CRANWORTH his Trustees and Mortgagees Bill; Lord CHELMSFORD his Attorneys and Solicitors Bill. Turning to the judicial business of the House of Lords, the LORD CHANCELLOR justly claimed credit for the diligence that had left a All the appeals down before very small arrear. the session began were disposed of, and some that had been entered since-in all, fifty-two-were decided, and only twenty-four remained. I am happy to state, that by the assiduous and devoted co-operation of the law Lords, the legal business of this House is now in a more satisfactory state than it ever has been before. I remember the time when there were such arrears that an appeal stood for years and years on your Lordships' list before it could be disposed of. Recently there has been a very great improvement. The usual course has been to dispose, if possible, of all the appeals set down for hearing before the session began, by the time Parliament was prorogued; and I believe, although a great effort has been made, that has hardly ever been accomplished. But I am happy to say that during the present year we have been able to dispose, not only of all appeals set down for hearing before the commencement of the session, but also of several appeals which were set down while Parliament was sitting. The House has disposed of fiftytwo appeals, some of them of very great interest; and there are now only twenty-four, which will have to be tried at the beginning of next session. It used to be said that Chancery suits never came to an end. As a specimen of the despatch with which business is now done, let me mention a single case, one in which the Westminster Palace Hotel Company was conpart of which was let to Sir C. Wood, the Secretary cerned. That joint-stock company have an hotel, of State for India, for the purpose of conversion into country. In those days legal reform was not thought a Government office for a time. That arrangement of, and the object of all the Bills which were passed was objected to by certain of the shareholders, and was to create new felonies and render our penal code on the 10th May in the present year a bill was filed more rigorous. The object of the next Bill was to by which this Chancery suit was begun. The cause put an end to a most scandalous abuse which had arisen of English bankrupts going to Scotland for 31st of the same month, and a decision given in favour was heard before Vice-Chancellor Page Wood on the My attention was first drawn to this subject when I judgment to the Lords Justices, which was heard on the purpose of there getting rid of their liabilities. of the defendants. There was an appeal from that happened to be at Tobermory in the Hebrides. In the 11th June. The Lords Justices were divided, that place I found a number of Englishmen, and to and, therefore, the decision of the Vice-Chancellor remy astonishment I was told that they were bank- mained undisturbed. There was then an appeal to the rupts who had come there to be whitewashed. They House of Lords, which came on to be heard on Monamused themselves for forty days in grouse shooting day, the 6th August. It was heard on that day, and and deer stalking, and then petitioned the sheriff or on the 7th (or the very next day) it was finally disthe Court of Session to be discharged from all their posed of. Thus the entire litigation was begun and engagements. It was found that the courts of Scot-ended between the 17th May and the 7th Aug. of the same year. That state of facts, I think, scarcely justifies complaint of the tardiness of judicial proceedings. Lord ST. LEONARDS did not consider the Chancery Evidence Bill an improvement, but, on the contrary, an impediment to the proper business of the court. On the Criminal Law Consolidation Bills he remarked: He would stake his existence that the Criminal Law Bills now before the House of Commons had cost the country not less than 100,000. They had been the subject of commissions and reports, Bills drawn, Bills put on one side, contemplated improvements, for the last, thirty years; and really, unless they were taken by either House with something like confidence in the powers that be, they would never be passed. He was to some extent responsible for these Bills, having, when sitting on the other side of the House, served on a select committee to whom they were referred with Lords Lyndhurst, Brougham, Truro, Cranworth, and the Lord Chief Justice (now Lord Chancellor). They proceeded very laboriously with their investigations till they came to a definition of murder. Sir Edward Coke's definition was thought so imperfect no one,would adopt it. Each member of the commitee tried his hand at a definition of his own, but without meeting the general acquiescence; and at last his noble friend, then Lord Chancellor (Lord Cranworth) committed something like a murder on the committee by issuing a commission to consider the subject. Lord CRANWORTH did not approve the present extension of equity jurisdiction to the Common Law Courts. With respect to the proposal to give common law a co-ordinate jurisdiction with equity courts in disposing of the great bulk of equitable business, he was strongly of opinion that, although the common law judges might in a short time it themselves for the satisfactory discharge of the duties which the carrying of such a measure into effect would cast upon them, yet they did not, as at present constituted, possess the requisite machinery to deal with such business in a manner so adequate to its proper discharge as the Court of Chancery, which was supplied with a staff of officers to keep accounts, insert advertisements in newspapers, and make the necessary inquiries with reference to next of kin. If it were proposed to furnish the common law courts with such machinery, the question of giving them a co-ordinate jurisdiction in equitable matters assumed, of course, another shape; otherwise the proposal to confer upon them such jurisdiction was one to which, notwithstanding it might have very high authority in its favour, he could not give his assent. The LORD CHANCELLOR omitted to name Mr. BOVILL'S Bill of Rights Procedure Act as among the successful law reforms of the session, which in number, if not in individual importance, exceed those of any session for the last seven years. ANOTHER CONFLICT OF JUDICIAL JEFFRIES v. ALEXANDER, 2 L. T. REP. N. S. 748. MANY have been the attempts of ingenious conveyancers to evade the Mortmain Act, but all have failed, because the courts have persisted in construing the law according to its spirit and intention, and not by the strict letter. The latest endeavour will be found in a case of extreme importance and interest, Jeffries v. Alexander, 2 L. T. Rep. N.S. 748, in which the H. of L. once more rescued the law from defeat. The attempt was extremely ingenious. The donor executed an indenture purporting to be made between himself and certain trustees, who, however, did not know of it, or of the existence of the deed until after his death. The deed, which was not enrolled as required by the Mortmain Act, and contained no power of revocation, witnessed that B. covenanted that his executors should, within twelve months after his death, subject to his debts and to any legacies and annuities given or to be given by any will or deed of the covenantor, invest 60,000, and pay the annual proceeds for the behoof of certain poor persons. The legacies and debts were of trifling amount, and the bulk of the assets consisted of mortgages of freehold and copyhold land, which formed the only fund out of which the 60,000l. could be paid. This deed he kept in his own possession until his death. The question was, whether this constituted a charge payable upon the chattels real of the convenantor, there being no other assets from which payment could be made? The difficulty of the question thus raised may be gathered from the division of opinion among the judges. The case was first heard by the M. R., who held it to be a gift of incumbrances affecting the realty. But the Lords Justices and ERLE and WIGHTMAN, JJ., who had been called in to their aid, reversed this decision. In the House of Lords the question was twice argued, the law Lords present on the first occasion having been equally divided. On the second hearing six of the common law judges were present, and were likewise equally divided; but of the five law Lords present three were of opinion that it was a charge upon the realty, and it was ultimately so determined, exhibiting almost as remarkable a conflict of opinion as that we noticed a few weeks since as having occurred in another case. For its being a charge upon the realty, were the MASTER of the ROLLS, the LORD CHANCELLOR, Lords ST. LEONARDS and KINGSDOWN and BLACKBURN, WILLES and WILLIAMS, JJ. Against its being such a charge were the Lords Justices, ERLE, C.J. and WIGHTMAN, J., Lords CRANWORTH and WENSLEYDALE, and POLLOCK, C. B., WILDE, B. and BYLES, J. The judgments of the law Lords are full of interest, especially that of Lord Sr. LEONARDS, which will more than balance the weight of superior numbers on the other side. THE BUSINESS OF LAW-MAKING. THE machinery for legislation has fairly broken down, and something must be done to set it right again. If the restoration of efficiency were the sole object, there would be no difficulty in devising a remedy. But unfortunately our law-makers persist in a resolve to perform impossibilities. The sources of the mischief are plain enough: there is too much work and too much talk. The obvious cure is to retrench both. Parliament takes upon itself more duties than it can properly perform. It engrosses the whole of the private Bill legislation, all the public legislation, and not a few of the labours of Government. Eight months in the year are not sufficient for this world of work. Some of it should be shifted to other shoulders. Private Bill legislation might in great part be transferred to other tribunals. Nine-tenths of it at the least might be made matter for local or municipal decision; general Acts, similar to the excellent Consolidation Acts, might regulate another part; and to the Legislature might then be left only the giving of extraordinary powers in exceptional cases. This would at once remove one-fourth of the business that now stops the way. Next, a great deal more of the public business might be confided to select committees. Ninetenths of the Bills brought under consideration, after being debated, and their principles assented to by the whole House, might be sent for settlement of their details to a select committee, on bringing up the report of which, it might be open to any member to urge an objection or propose an addition, with which, as an instruction, it might be sent back to the committee to be amended. But these improvements would not suffice without a curtailment of the flood of talk. Appeals to good sense and good taste in such a matter will be vain so long as speechifying pleases constituents and leads the way to place and power and profit. Nothing short of a positive prohibition will suffice. Let speeches be limited, as in other well-conducted debating societies, to a prescribed time, say half an hour, excepting the mover and seconder of the debate and the ministers. Lord BROUGHAM has given notice of a series of resolutions, having for their object the removal of the present paralysis of legislation. He states that the private business has so much accumulated, that during the three sessions, 1857 to 1859, the yearly average was 170 private Acts passed, containing 7246 sections, besides those introduced and rejected at various stages. That these Bills affect private property to an enormous extent, and invade the general law of the land, and yet are confided to persons for the most part ignorant of the law they are dealing with. He therefore proposes the appointment of a board of five persons appointed by the Crown, to whom either House may refer any private Bill, such board being empowered to hear the parties upon it, and to investigate it fully, and if necessary to call in the aid of a jury, with power to give costs to either party, or to issue a commission for taking evidence in the locality to be affected, and that having done this, the board shall report the Bill to the House, which shall then deal with it at its discretion. That it shall be open to any party to oppose the Bill before the House, which may impose terms of payment of costs in case of failure. Such is the outline of a tribunal for simp while perfecting the present most imperier unsatisfactory system of private bill legilg and it will doubtless be received with ga approval by the Profession. And with respect to public Bills, it i posed, that on their being read a second tin House may send a message to the other s desiring it to join in committee on the BE consent being given, the House shall names of its members, the whole to form a mittee for considering the clauses of the D which will report to the House in which t then was, and that if read a third time the taken to the other House, and there if ral second time, the stages of committee and re shall be omitted, but the other stages sta taken. This would at once curtail one-half of the a less labour of a repetition of the work t committee in both Houses. We trust that these propositions will rece hearty welcome in both Houses, and we are m that they will add another to the many clai Lord BROUGHAM upon the gratitude of t country. It will not be the least of the r for which the law is indebted to his genies r energy. JUDICIAL STATISTICS WE resume our analysis of this most interes document. The large number of suits commenced t the Superior Courts of Common Law, and wi became of them up to trial and executi was shown in the last paper on the subject all this multitude only a few were remaneta the end of each term, and of these few at one-third were male such by consent or necessary to copy the figures as given for reasons than want of time to try. It quarter; it will suffice to state that on Decolz 31 the only remanets were as follows :— Queen's Bench It will be seen from this that in half the c in which parties under the first flush of dis pointment at defeat give notice of appeal, ther courage oozes away, or more prudent S prevail before the time comes for setting then of elimination only one judgment in four is down for argument. And even after this process versed on the hearing. The solicitor may there fore calculate the chances of appeal as fourt one against him, and he ought so to inform client. several courts are thus stated:- Paid in during the year by- £ 66 45.963 17: 24.252 17 40,433 Total............... £110,650 Common Pleas ..................... |