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ration that his costs were a charge on the copy-
holds, relying partly on general representations
made to him by the ladies and their husbands,
"that the property would pay the costs," and
The Court,
partly on the doctrine of lien.
however, refused the application: (Turner v.
Ince, 34 L. T. Rep. 71.)

Correspondence.

AN ADVERTISEMENT.-I have cut the following

advertisement from the Times of Feb. 15 :

Mr. Charles Horton Pulley, of No. 28, Great Winchester-
street, in the city of London, and of Upper Homerton,
Hackney, Middlesex, has been appointed to administer oaths,
&c., in the common law courts by the several judges of
these courts, pursuant to the statute 22nd Victoria, chap. 16,
as also in the Court of Chancery by the Lord High Chan-
cellor of England.

If it exceeds the bounds of professional etiquette to
advertise one's qualifications in this way, you will
probably be good enough to notice the circumstance
in your paper.
X.

INVADERS.-What says the Profession to this style of announcement? The prospect is cheering, indeed, to the tax-paying attorneys-a sort of bugle-call to the ranks of free trade in law. W.

Debts! Debts!! Debts!!!

Tradesmen having outstanding accounts may have them
converted into money by applying to John Boothman, 20,

Bank-street, Accrington, who will attend the County Court
in place of the plaintiff, where legal proceedings are
necessary, and pay all law expenses, for a very small per-

centage.

Debts bought, rents collected, and commissions exe. cuted.

Proper notices of all descriptions may be had for one penny, embracing notices to quit from landlord to tenant, operatives before leaving their employ filled up and comand from tenant to landlord. Notices required by factory pleted for one penny. Forms for letting lodgings per quarter, half-yearly, or yearly. Printed forms for letting houses per week, month, quarter, &c.

collectible for the first half-year will be at the rate of 1s. 1d. in the pound, namely, 5d. for the old duty, and 8d. for the new; 8d. in the pound on the halfyear's profits being equal to 4d. in the pound on the profits for the whole year. For example, a person having an income of 2001. a-year will be required to pay for the first half-year 51. 88. 4d., and for the second half-year 2l. 1s. 8d." In all cases, therefore, parties paying any amount from 5th April 1859 to 5th Oct. 1859 will be entitled to deduct income-tax at the rate of 1s. 1d. in the pound; and from the 5th Oct. 1859 to 5th April 1860 at the rate of 5d. in the pound only.

A CLERK TO COMMISSIONERS OF INCOME-TAX. March 8, 1860.

think the question one of very considerable importance, and therefore, although it is only a question of reviewing taxation of costs, I go into it at some length. Costs are an indemnity; they are given to the person who receives them to indemnify him in respect of the cost of some proceedings which the other party has compelled him to take. They are not a punishment on the party who is to pay them, nor a bonus to the person who is to receive them; therefore, on the question of the costs, if you can find out the extent of that damnification, you can find out the extent to which costs ought to be allowed. Of course, I do not mean to say there are not exceptions, cases in which certain arbitrary rules for taxation have been laid down; but, as a rule, costs are an indemnity. Find out the damnification, and then you can find out the amount of costs you ought to allow. INCOME-TAX.-Having reconsidered your article And, again, with respect to the construction of of the 26th ult., and perused your reply to my letter rule 12 of the Practice Rules of 1853, he says:in your last number, I have come to the conclusion It is said that the taxation is right under the 12th that the particular quarter of the year you refer to, of the Practice Rules of Hilary Term 1853, which when you speak of the deduction of Is. 9d. in the says, "Where money is paid into court in respect of pound, must be that ending Michaelmas 1859. If any particular sum or cause of action in the declarathis be so, I quite agree that that deduction on the tion, and the plaintiff accepts the same in satisfaction, amount of rent, for instance, actually paid would be the plaintiff, when the costs of the cause are taxed, the proper one, provided that 5d. only in the pound shall be entitled to the costs of the cause in respect of had been deducted from the quarter's rent due the that part of his claim so satisfied up to the time the previous Midsummer-these two being equivalent to money is so paid in and taken out, whatever may be one deduction of 1s. 1d. in the pound for each quarter; the result of any issue or issues in respect of other but the rate of the deduction for the quarter ending causes of action; and if the defendant succeed in Midsummer 1859 would entirely depend upon whether defeating the residue of the claim, he will be entitled that quarter's rent was paid before or after the 13th to the costs of the cause in respect of such defence, Aug. 1859 (when the Act imposing the additional commencing at 'instructions for plea,' but not beincome-tax received the Royal assent): if before, it would be 5d. in the pound, as the Act of course could fore." To my mind there are several answers to that. In the first place, this is not a taxation under that not affect it; if after, the tenant could claim to derule-it is a taxation under an order to amend. In duct (under sect. 5) 1s. 1d. in the pound, and the the next place, if it were a taxation under the rule, same amount, and no more, on payment of the quarthe rule is that the plaintiff, when the costs of the ter's rent due Michaelmas 1859. The true explanacause are taxed, is to be entitled to the costs of tion turns upon the fact of the Act not having come the cause in respect to that part of his claim so into operation until after Midsummer 1859, a cirsatisfied. To my mind they would only be a few cumstance not mentioned in your article, although shillings, namely, such costs as are attributable to one which after this lapse of time might have escaped the defendant changing his plea and pleading paythe recollection of many of your readers; at all events ment into court, and in all probability putting the I was not the only person misled by the mysterious plaintiff to the necessity of going again to his pleader, PROFESSIONAL ETIQUETTE.-I am a solicitor prac- 18. 9d., for I find that your correspondent "D." or to his counsel, to draw a replication, and making tising in the country with a country certificate; (p. 290 L. T. vol. xxxiii.), in a letter on an article it necessary for him to give him fresh advice. All employ a town agent. The town in which I practise on the income-tax, which appeared in a previous these costs, I think, he ought to get, because they is on the confines of the county of Middlesex. It number, says: "I do not at all understand how you would be costs of that part of the claim as to which may therefore be taken that the distance from London deduce the quarter's tax at 1s. 9d. in the pound; the the plaintiff has been satisfied. Therefore, I think, is not very remote. That being so, I in common 4d. is payable at the end of the first half-year, not for those two reasons, the rule is inapplicable, and with other attorneys similarly located transact at the end of the first quarter, and must be apporfurnishes no argument in support of what has been matters of business in London which attorneys at a tioned accordingly." I am sorry to have trespassed done. That rule goes on and says, "If the defendant more remote distance do through the town agent. upon your space to so great an extent, but the corsucceeds in defeating the residue of the claim, he will For instance, obtaining probates and letters of respondence will not have been entirely useless, if it be entitled to the costs of the cause in respect of such administration at the principal registry, the usual should have cleared away from the minds of any defence, commencing at instructions for plea,' but searches at Middlesex Register and Common Pleas others of your readers, as it has from mine, a doubt not before." Instructions for pleading means in-office prior to settlement of a purchase or mortgage, as to the meaning of your article on this tax. structions for the final plea to the general issue, which matters of criminal and parish law at the Central March 8. STEPN. R. POPE. in this case is a plea of payment into court. As to Criminal Court and the Middlesex sessions, and the -The law under this head will become quite a that, the masters all inform us that that is not the Insolvent Debtors Court, Portugal-street; and, in study by-and-by, and it is evident that the recent construction put upon the rule. They have under- short, all matters not connected with an action at Act (22 & 23 Vict. c. 18) has not removed any stood by "instructions for plea," the technical item law, a suit in Chancery, and proceedings in bank- of the perplexities incidental to the subject. I which appears in the bill of costs, if I may say so, at ruptcy, in which cases I invariably transact the notice the request of "F. T.," contained in your the particular epoch of the trial. If it is said that business through my town agent. The whole of my paper of the 25th Feb., and also the reply of means the instructions for that plea on which the de- practice is bona fide a country one, and in the busi-"S. U." in your last number. I have for some time fendant succeeds; the answer is, that he succeeds ness before alluded to my clients may be taken to be had affixed in the office a tabular statement, showing upon so much of the general issue that remains. as residing in the country. I yesterday went to town the fluctuations in the rate of income-tax. This Ï Therefore he ought to obtain his costs from that for the purpose of the examination of an abstract of have found to be of much service when calculating time, even if the rule were looked at in that point title, to transact business at Somerset-house, the Joint- long arrears of interest, chief rents, &c. My tabular Otherwise, it appears to me that there Stock Companies Registration office, and other miscel- statement I subjoin. It differs in one point (i. e. the would be a sort of no man's land of costs, laneous matters of a similar kind; also at the Crown 9d. rate) from the schedule furnished by "S. U.;" which neither party would be entitled to, office, for the purpose of getting a writ of mandamus but on reading sect. 5 of the above Act, S. U.” will, because the plaintiff was only entitled to the costs of signed and sealed. The writ was granted on cause I think, concede that my table is the more correct that part of his claim which is satisfied; and then shown, and rule nisi being made absolute in this matter, one of the two. If I am wrong I shall be obliged by this might happen: action for assault and battery, as in two previous cases of the same kind some years any of your correspondents setting me right, and, for with a count upon a bill of exchange; plea, that the since, I did not employ my town agent. The sealing the sake of your readers generally, I hope the matter bill was not made, and that the assault was not com- officer politely suggested the possibility of such a will not be dropped until some sort of unanimity is mitted. The cause goes on for a month; the defencourse being irregular, and receiving the censure of arrived at. In the case of an advance of money made dant afterwards withdraws his plea as to the bill of the Law Society, whereupon I postponed the matter in October last, and now paid off with interest, your exchange, and pays money into court. The case goes for the purpose of putting it into the hands of my correspondent "S. U." would, it seems, deduct from on as to the battery, and the defendant gets a verdict. town agent. At first I was somewhat taken by sur- the interest income-tax at 9d. according to his scale; What is to happen? The plaintiff, under this rule, prise, but on consideration it appears to me very but I can discover no power justifying this large declearly does not get costs on the count for a bill of doubtful whether I was not irregular, and an impor- duction. It will be seen by my statement underneath exchange. If the motion is right, that the instruc- tant question at once arises as to whether the same that the two rates of 8d. and 5d. would attach on the tions for the plea means instructions for the final objection applies to any other of the kinds of busi- interval between the 5th April and 10th Oct. 1859; plea, the defendant would only get the costs on the ness above mentioned. I shall feel much obliged by after the latter date I consider the 5d. rate only becount for the battery from the time when he pleaded the assistance of any of your readers on the point came applicable. the payment into court on the other count, which suggested. A MIDDLESEX SOLICITOR. would be rather an odd condition of things. So that, whatever costs were incurred between the first time of pleading subsequently to the plea of assault and battery and the others, neither the plaintiff nor the defendant would get the costs for the assault and battery, which I contess appears to me rather a novel state of things.

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(Harrold v. Smith, 35 L.T. Rep. 556.)

SOLICITOR AND CLIENT.-B., a solicitor, acted on behalf of two married ladies, the daughters and only children of a tenant in tail of copy holds. The mother surrendered the copy holds in order to bar the estate tail, and was afterwards, by commission, found lunatic from a date previous to the surrender. B. had been retained in the petition and other proceedings in the lunacy, and the result was, that the daughters were declared to be coheiresses in tail of the copyholds. No written retainer was given to B., who prayed for a decla

FLUCTUATIONS IN PROPERTY-TAX.

ACT IMPOSING THE TAX. RATE.

5 & 6 Vict. c. 35 (and)
continuance Acts), 16 &
17 Vict. c. 34

DURATION.

d.

7

April 5, 1842, to April 5, 1854

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17 & 18 Vict. cc. 10 & 24.. 14
18 & 19 Vict. c. 20
20 Vict. c. 6

16 & 17 Vict. c. 34

ALLOWANCE OF INCOME-TAX.-I have noticed a correspondence lately in the LAW TIMES on this (even to professional minds) rather puzzling question. I append some extracts from my instructions from the Inland Revenue-office, dated August last, which will, I think, explain the subject. "The Act 16 & 17 Vict. c. 34, charges a duty of 5d. in the pound on all incomes of 100%. or upwards; and the new Act grants an addition thereto at the rate of 22 & 23 Vict. c. 18 4d. in the pound under schedules A., C., D. and E., and at the rate of 2d. in the pound under schedule B." "The effect of the Act 22 & 23 Vict. is to increase the rate of duty from 5d. to 9d. in the pound on the profits of the year 1859-60; but the amount of the Queries on Points of Practice, SOLICITOR AND CLIENT-Trustee and Cestui que Trusttwo duties is not to be taken in equal moieties as Costs-Re Overbury and Peake-C. B. Nov. 24, 1859, L. T. heretofore, it being provided by the 1st section that and paid with and over and above the first moiety further has become of the above case, and point raised as to the whole of the additional duties shall be collected Rep. vol. 1, N.S. p. 103-Law Digest, vol. 2, N.S. 727.-Will you or either of your readers kindly oblige by saying what of the duties previously imposed. Thus the tax trustee solicitor's costs?-AN ORIGINAL SUBSCRIBER.

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THE INCOME-TAX.

The following correspondence has passed between Mr. Gammert, M.P. for Lancaster, and the Chancellor of the Exchequer:— "March 2, 1860.

“Sir, I have given notice of my intention to move in Committee of Ways and Means that the abatement of income-tax allowed to incomes under 1501. a-year be extended to incomes under 500%

If the income-tax is to be made a permanent source of revenue-and who can doubt it, especially with a Reform Parliament looming in the future ? -I hope I may be pardoned for suggesting, by the proposed extension, a plan-very imperfect I admit by which the sense of injustice in taxing permanent and precarious incomes alike, would, I think,

to some extent be diminished.

The return laid before Parliament last July (No. 119. Sess. 2). stating the amount of income-tax charged under schedules D and E., and dividing the persons so charged into classes of income of 100%, 1306, 2004, and so on, gives very valuable information on the subject; but, taken alone, it is clearly incomplete, and therefore I shall feel obliged if you can inform me whether it is possible, at no great ecst of time or money, to lay before Parliament a similar return embracing all the schedules?

"I have the honour to remain, Sir,

"Your very faithful servant, "WILLIAM J. GARNETT. "To the Right Hon. the Chancellor of the Exchequer."

"11, Downing-street, Whitehall, March 7. "My dear Sir,-From the manner in which the income-tax has been levied since it was remodelled in the time of Mr. Pitt, we are not able to give for schedules A and C the returns which have been presented to Parliament for schedule D. Schedules A and C lay the tax off property, and take no account of the owner except in cases of application for exemption.

"Neither can we estimate with precision the effect which the adoption of your suggestion would produce. But it would probably be little short of 150.0002 a-year for each penny of income-tax. An additional establishment would also be requisite, to the extent of 20001. or 3000%. a-vear.-I remain, faithfully yours, W. E. GLADSTONE.

"W. J. Garnett, Esq., M.P."

COUNTY COURT, ACCRINGTON. (Before J. S. T. GREENE, Esq., Judge.)

Serious charge against a solicitor.

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This was an action brought by Mr. James Broughton, shoemaker and grocer, Church, against Thomas, Clarkson, solicitor, Accrington, "for that he the aforesaid Thomas Clarkson was retained and employed by James Broughton to investigate the title of one John Clegg, flagger and slater, Accrington, to certain leasehold lands situated at Church; and if the said title were found satisfactory to prepare a proper underlease from John Clegg to James Broughton of a certain portion of the said land which the plaintiff had agreed to take from the said John Clegg, and generally to act as the attorney, solicitor and conveyancer, on behalf of the plaintiff in the management of the said business, and in and about other matters and things entrusted to the said defendant; but the said defendant did not investigate the title of the said John Clegg, and did prepare an underlease of the said plot of land, which was altogether illegal and useless, and did generally act in the management of all the said business in a careless, grossly negligent, and unskilful manner, whereby the plaintiff was put to expense, inconvenience and trouble. and sustained damage to the amount of ten pounds." J. Dean, of the firm of Wheeler and Dean, Clitheroe and Blackburn, appeared to prosecute; and T. Clough to defend."

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the deed should be ante-dated, that was, that
it should be dated prior to the time when the mort-
gage was put upon the property. Clarkson then with
a knife erased the word "November," and wrote in
the word "June," which made the deed illegal-
first, because the mortgagee was not a party to the
deed; and, secondly, because the alteration was im-
portant in its nature. The plaintiff Broughton, re-
lying on the skill of his attorney, asked his solicitor
if it was a legal document, and was told that it was.
All the parties left the room, and the matter lay over
for some time. Mr. Broughton consulted some of his
friends, and they told him that the deed was illegal;
and it was also pointed out that the description of the
position of the land was wrong, as it was called the
"northernly side" instead of the "westernly side"
of the highway. He took back the deed to Clarkson,
and showed him the mistake. He admitted that it
was wrongly described, and promised to take it to
Mr. H. Bannister and get it rectified, along with the
counterpart. After the interview with Mr. Bannister,
Clarkson said to the plaintiff that the deed was not
worth anything, and that he would have nothing
more to do with it. Broughton replied that he had
paid 31. for a good deed, and expected being furnished
with one. The defendant left the house, and in a
few weeks Clarkson's father went to the plaintiff, and
said that his son Thomas should make him another
deed for 21. 15s., including stamps, &c. Broughton
accepted the offer, and Clarkson commenced the second
deed. Before it was completed, however, he sent for
Broughton to his office, and asked him to lay money
down for stamps and parchment, as he (Clarkson)
could not afford to purchase them. Broughton objected,
and said that he should not pay a farthing till the
deed was completed, as he had paid for the first deed and
had not received it. Mr. Clarkson then sent in a bill to
Broughton for 27. 10s., being the amount for the
second deed, though the plaintiff had not received it,
and it was entered in the County Court. The case
came on at Haslingden, but Broughton's solicitor
(Mr. Hall) objected to the jurisdiction, and the case
was not heard. Clarkson afterwards promised that if
he (Broughton) wanted to be out of litigation the
affair was at an end so far as he (Clarkson) was con-
cerned. Broughton then commenced proceedings for
the damage he had sustained, and the case was
entered in the court, when Clarkson, hearing what
was going on, tendered another deed, and a letter to
Broughton, but as he had long since not recognised
him as his solicitor, he refused to receive it.
The
second deed contained as many mistakes as the first,
and he (Mr. Dean) was prepared to prove that it was
the most slovenly and disgraceful document ever
turned out of any office. There were no fewer than
twenty-two mistakes in the first deed; inside it was
drawn up as an assignment, but outside indorsed as
an underlease. The statement of the premises did not
agree with the plan indorsed upon the deed, and
altogether it was one of the most disgraceful docu-
ments ever turned out, being full of scratches, under-
lining and blotches.

few days after and said that his son Thomas should make him another deed, including everything, for 21. 158.

His HONOUR leaned over the front of the bench, and in a low tone, addressing the solicitors, said that he thought it would be the best for all parties to try to come to some settlement. There were so many peculiar points in the case that-[the remainder of the sentence we could not hear].

Clough said that he had anticipated his friend Mr. Dean mentioning the matter that morning, but he had not done so.

Dean replied by saying that it was not his place to make overtures. His client did all he possibly could to get Clarkson to come to some terms, but neither the persuasion of friends nor the advice of any one could move him.

His

His Honour here motioned for Mr. Dean and Mr. Clough to go with him into the ante-room. The party remained absent about five minutes. Honour returned by himself, and ordered the clerk to call the next case, but that was also against ClarkHis Honour remarked son-a dispute about a hat. that the individual might be wanted elsewhere, and Another case was therefore bring the next case. then tried. On the return of the solicitors into court

the greatest silence prevailed. We were confidently informed that in the ante-room his Honour, for various reasons, suggested that a verdict should be taken for the plaintiff Broughton, and that the amount of damage sustained should be decided by a reference to some respectable solicitor.

Dean accepted the suggestion on behalf of his client, but

Clough objected, and wanted the plaintiff to withdraw the summons.

After some further discussion between the solicitors and their clients, Mr. Clough agreed that a verdict should be given for Broughton, and that his Honour should assess the damages at the close of the court. On the rising of the court he called both solicitors together, and awarded the damages at 5. 1s., with costs.

APPOINTMENTS UNDER THE JOINT STOCK COM-
PANIES WINDING-UP ACTS.

BRITISH AND FOREIGN RELIANCE MARINE ASSURANCE COMPANY.-
A call of 50004 upou each contributory, to be made by Wood, V.C., at
his chambers, on Tuesday, the 20th day of March, at two o'clock in the
afternoon. Solicitors, J. and J. H. Linklater and Hackwood, 7.
Walbrook.

for

CORPORATION RESTAURANT COMPANY (Limited). - Petition winding-up to be heard at the Court of Bankruptcy, Basingħallstreet, on Friday, the 23rd day of March, at eleven o'clock in the forenoon. Solicitors, Flux and Argles, 68, Cheapside.

CREDITORS UNDER ESTATES IN CHANCERY.
ASHMORE (Joseph), late of 47, Singleton-street, Hoxton, Middlesex,
died March 1860. Creditors to come in by 12th April, at Stuart's,
V.C. Solicitor, T. Ware, 98, Kingsland-road.
BROWN (Mary), late of Gosberton, Lincolnshire, died 6th Jan. 1859.
Creditors to come in by 23rd March, at Stuart's, V.C. Solicitors,
Tooke and Holland, 39, Bedford-row, for Wiles and Chapman, Hor-
bling, Lincolnshire.

BURROUGHS (H. N, jun.), late of Burlingham-hall, Norfolk, died
9th Jan. 1856. Creditors to come in by 12th April, at Stuart's, V.C.
Solicitors, Loughborough and Barfield, 23, Austin-friars
COLE (George), late assistant-surgeon of the Bengal establishment of
the Hon. East India Company's service, died June 1858. Creditors

to come in by 25th July, at Kindersley's, V.C. Solicitors, Dawes and
Sons, Angel-court, Thiogmorton-street.
CUTHBERT (L. M.), late of Lyon-terrace, Maida-bill, Middlesex, died
Oct. 1849. Creditors to come in by 12th April, at Stuart's, V.C.
DAVIS (William), late of the Marlborough Arms, South-street, Cam-
berwell, Surrey, died Aug. 1855. Creditors to come in by 13th
April, at Stuart's, V.C. Solicitor, J. Butler, jun., 191, Tooley-street,
London-bridge.

ECKFORD (Alexander), late of St. Servan, France, died Feb. 1858
Creditors to come in by 13th April, at Wood's, V.C. solicitors,
Cates and Son, 43, Lincoln's-iun-fields.
GASELTINE (J. D), late of 14, Wellington-place, Stoke Newington-
road, Middlesex, died 26th Sept. 1857. Creditors to come in by i6th
April, at Master of the Rolls. Solicitor, H. Davis, 28, Poultry.
GREENLEY (David) late of 10, Cumming-street, Pentonville, Middle-
sex, died Oct. 1859. Creditors to come in by 2nd April, at Kinders-
ley's, V.C.

GRIFFITHS (Mary), late of 7, Northumberland-street, St. Marylebone,
Middlesex, died July 1859. Creditors to come in by 18th April, st
Master of the Rolls.

GUTTERIDGE (Daniel), late of Gibraltar Farm, Flamstead, Hertford,
died July 1859. Creditors to come in by 30th March, at Wood's,
V.C. Solicitor, T. Sismey, 11, Serjeants'-inn, Fleet-street; agents for
G. Bailey, Luton, Bedfordshire.
HEATH (Joseph), late of Burton-upon-Trent, Staffordshire, died
Aug. 1857. Creditors and incumbrancers to come in by 21st March,
at Stuart's, V. C. Solicitors, Hawkins, Bloxam and Hawkins, 2,
New Boswell-court, Lincoln's-inn, agents for Perks and Prince, of
Burton-on-Trent, Staffordshire.

Credit rs to come in by 20th March, at Master of the Rolls, solicitor,
H. B. Clarke, 15, Serjeants'-inn, Fleet-street; agent for Wainwright
and Mander, Wakefield.

Mr. James Broughton was then called, and said that in Feb. 1858 he purchased a piece of land from John Clegg; waited upon Thomas Clarkson and asked what he would prepare the underlease for. Clarkson said 51. Thought it was too much. Clarkson's father came over to Church in a few days after, and offered to do it for 3. He (Broughton) consented, and the deed was proceeded with. When the draft was prepared, Mr. Bannister, who was employed on behalf of Clegg, perused it and charged 1. 18., as the customary fee. Clarkson told Broughton not to pay it, as it was the law in this country for the person to pay who engaged him to work. In consequence of that advice he refused to pay 17. 18. The documents were kept in Bannister's pos session a long time, and ultimately Clarkson told him (Broughton) that he had better pay, or he would never get his deed back. On the 24th Nov. he paid the money to Bannister in Clarkson's office. He (Broughton) went for Bannister to bring the deeds, so that they could be signed on returning, JOHNSON (J. W), late of Kuottingley, Yorkshire, died Nov. 1859, and before anything was said they all signed the deed; when that was done, Clarkson turned round to Clegg and asked him if he had not a mortgage upon the property? Clegg replied that he had. Bannister said that the deed was then worth nothing, because the mortgagee had not been made a party to it. Clarkson suggested that it should be ante-dated; that "November" should be scratched out and "June" inserted, as that would meet all the circumstances of the case. Bannister still objected, but Clarkson took his knife and erased the word In Nov. 1858 Clarkson" November," and substituted "June," and gave the advised Broughton to pay Bannister the 17. 18., or he deed to me, saying, "It was all right and a very would never get the deed. The engrossment was good deed." He (Broughton) had compared the dethen prepared, and Broughton, Clegg and Bannister scription of the premises in the deed with the plan on met at Clarkson's office for the purpose of signing the the outside, and found them to differ materially. deed. Previous to the signing, Clegg made allusion Afterwards showed the deed to a solicitor, and was to a mortgage, which was upon the property, to told to take it back to Clarkson. He did so, and Clarkson, in the absence of Bannister and Brough- pointed out the mistake. Clarkson said it was wrong, ton. On the arrival of the two latter gentlemen the but he would make it right, and go to Mr. Bannister deed in order to get the counterpart altered. In a few days after Clarkson returned with the deed, saying that it was not worth twopence, and he would have nothing more to do with it. Told Clarkson that he had paid for a good deed, and should expect to receive one. Clarkson went away, but his father came in a

In opening the case, Dean said that the defendant Thomas Clarkson was a solicitor in Accrington, and in Feb. 1858 the plaintiff James Broughton agreed to take a plot of land from John Clegg for 989 years, subject to a ground-rent of 11. 6s. 4d. Clarkson agreed to prepare an underlease for 3, and Mr. Henry Bannister was employed on behalf of the lessor to examine it. Mr. Clarkson sent the draft for perusal, for which Henry Bannister claimed 1 18. Mr. Clarkson disputed the charge, and instructed his client, Mr. Broughton, not to pay the amount. Clarkson's father took the account to Broughton before the deed was completed, and received the amount in groceries, thus making himself secure before the completion of the contract.

was signed, and Clarkson then asked if there was not a mortgage upon the property Clegg replied, there was. Bannister then said that the deed was worth nothing, seeing that the mortgagee had not been made a party to it. Clarkson suggested, in order to get out of the difficulty, that

1

street.

KERNAN, or KIERNAN (Patrick), late of Bury-street, St. James's,
Middlesex, died 22nd Nov. 1858 Creditors to come in by 14th April,
at Stuart's, V.C. Solicitors, W. W. and R. Wren, 32, Fenchurch-
KING (Jane), formerly of 38, Cambridge-street, Edgware-road, Mid-
dlesex, late of Paris, died June 1843. Creditors to come in by 27th
March, at Master of the Rolls. Solicitors, Willoughby, Cox and
Lor 1, 13, Clifford's-inu.

Moss (Robert), late of Longton, Lancashire, died April 1858. Credi-
tors to come in by 11th April, at Master of the Itolts. Solicitors,
Gregory, Skirrow and Rowcliffe, 1, Bedford-row; agents for
Winstanley and Charnley, Preston.
NETHERWOOD (Martha), late of Huddersfield, died April 1856,
Creditors and incumbrancers to come in by 17th April, at Master of
the Rolls. Solicitors, Van Sindau and Cumming, 27, King-street,
Cheapside, agents for Floyd and Learoyd, Huddersfield.
POUSSEIT (John), late of Margate, Kent, died Feb. 1858. Creditors to
come in by 21st April, at Stuart's, V.C. Solicitors, Walker and Sou
St Swithin's-lane.

SIMS (John), late of Cheadle, Staffordshire, died Dec. 1859. Creditors
to come in by 21st April, at Stuart's, V.C. Solicitor, W. C. Smith,
31, Lincoln's-inn-felds, ageot for D. S. Sutton, Burslem, Stafford-
shire.

TEMPLE (Henry), late of Sandwich, Kent, died Feb. 1859. Creditors to
come in by 21st April, at Stuart's, V.C. solicitors, Dynes and
Harvey, 61, Lincoln's-inu-fields.

THOMAS (James), late of Albion-house, East India-road, Middlesex,
died July 1859. Creditors to come in by 17th April, at Kindersley's,
V.C. Solicitors, Wilde, Rees, Humphrey and Wilde, 21, College-
hill.
WILSON (Mary), late of 29, Edward-street, Portman-square, Middle-
sex, died Aug. 1859. Creditors to come in by 16th April at Master of
the Rolls. Solicitors, Blachoff, Coxs and Bompas, 19, Coleman-

street.

WOOD (James), late of Sandwich, Kent, died Oct. 1859. Creditors and

incumbrancers to come in by 24th April, at Stuart's, V.C. Solicitors,
Dynes and Harvey, 61, Lincoln's-inn-fields; agents for Surrage and
Emerson, Sandwich, Kent.

HEIRS AT LAW AND NEXT OF KIN.
KERNAN OF KIERNAN (Patrick), late of Bury-street, St. James's, Mid-
dlesex, died 23rd Nov. 1858. Next of kin to come in by 14th April, at
Stuart's, V.C. Solicitors, W. W. and R. Wren, 32, Fenchurch-street.
UNCLAIMED STOCK AND DIVIDENDS IN THE BANK
OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the National
Debt, and which will be paid to the persons respectively whose

sooner appear.]

nammes are prefixed to each, in three months, unless other claimants ARMITAGE (Sarah and Joseph), of Deptford. 100% Reduded Three per Cent. Annuities. Claimant, Joseph Armitage.

BRADSHAW (Rev. Samuel), of Oatlands, Okehampton, Devon. 1887. 0s. 4d. Consolidated Three per Cent. Annuities. Claimant, Rev. Samuel Bradshaw.

HAMILTON (Charles), of Montpelier-row, Twickenham, deceased.
3664, 13s. 4d. New Two-and-a-Half per Cent. Annuities. Claimant,
J. G. Blake.

HEWETSON (William), of William-street, Knightsbridge. 47 14s.
Consolidated Three per Cent. Annuities. Claimant, William
Hewetson.
JEMMETT (William), of Ashford, and CURTEIS (F. W.), of Bath, Four
dividends on 173 38. 11d. Consolidated Three per Cent. Annuities.
Claimant, F. W. Curteis.

PRAED (W. M.), of Delamore, Devon, deceased. 10904. 10s. 10d. Con-
solidated Three per Cent. Annuities. Claimants, B. J. M. and W. M.
Praed.

UMBERS (Thomas and William, jun. deceased), Wappenbury, Warwickshire. 5371.9. 1d. New Three per Cent. Annuities. Claimants, Edward Umbers and George Moore.

SUICIDE OF A SOLICITOR AT BRISTOL.-On Friday, it became known throughout the fashionable suburb of Clifton, that Mr. James John Leman, a solicitor of eminence, having chambers at Baldwyn - street, where he carried on for a number of years a highly respectable practice, in partnership with the late Mr. Humphrys, had destroyed himself at his private residence, No. 19, Royal York crescent. The coroner's jury found the act one of insanity.

James Pearl, of St. John's, Newfoundland, had executed
her will just previously to her leaving that island for
England in 1844, "considering the dangers of the
sea," as she herself expresses it in her will. She
died at her residence, Brompton-row, Kensington,
without leaving any known relative whatever. She
was possessed of landed estates in Newfoundland, and
devises certain portions, called Mount Pearl, consist-
ing of four hundred acres, with the buildings thereon,
Saunders, their heirs and assigns, but no part thereof
to her friends Mrs. Eliza Bully and Mrs. Wix
is to be sold. She bequeaths to her old servant John
Lester, and his heirs, one hundred acres, part thereof
bordering on the river, to be hereafter called "Anna
Vale," no part of which is to be sold; to Mr. Robert
R. W. Lilly, one of her executors, and who proved
the will in the Supreme Court of Probate in New-
foundland, she has bequeathed the copper-mine at
Shoal Bay, together with one hundred acres of land,
to him and his heirs and assigns for ever. Lady Pearl
not having disposed of the residue of her property,
and there being no next of kin, the Solicitor to the
Treasury has administered thereto on behalf of the
Crown."-Illustrated London News.

THE BENCH AND THE BAR.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.

county of Kent was opened on Monday, and business Maidstone, March 13.-1 he commission for the Justice Erle presiding on the Civil side, and Mr. was proceeded with this morning in both courts, Chief THE REV. MR. HATCH.-A meeting was held in list contains nineteen entries, three of which are Justice Wightman in the Crown Court. The causethe Lecture-hall, Greenwich, on Thursday week, to consider the case of the Rev. Mr. Hatch. On the Crown side there are special jury cases. Dr. Reed presided. The circumstances of the case were comforty prisoners for trial, nineteen of whom are solmented on by the Rev. Thos. A. Freeman, incum-diers, but none of the charges in the calendar appear bent of Rickmansworth; by the Rev. Mr. Duncan, minister of the free Presbyterian church; Mr. Humphreys, and Mr. Passmore Edwards; and resolutions were agreed to expressing belief in Mr. Hatch's innocence, and appointing a committee to procure subscriptions to defray the expense of a prosecution against Eugenie Plummer, the principal witness against Mr. Hatch.

THE COMMITTAL OF A ROMAN CATHOLIC PRIEST FOR CONTEMPT.-The Rev. Father Kelly, of the Felling, who was committed by Hill, J. on Monday last for contempt of court, was, by his Lordship's order, liberated on Wednesday morning, at ten o'clock. Long before the hour at which it was understood he would be liberated a number of women and children assembled in front of the prison to meet him, and as soon as he made his appearance greeted him with a cheer-feeble but still enthusiastic-and a waving of little banners. The whole then surrounded Mr. Kelly, and showed great eagerness to have the honour of shaking hands with him, as he walked in the midst of the little band to the Catholic chapel. They all entered the chapel, where they remained a short time. After giving the father a hearty salute, he made his exit, accompanied by two friends. The company then quietly dispersed.

Newcastle Chronicle.

THE INCOME-TAX.-The following figures are extracted from a paper presented to the House of Commons on the motion of Mr. Stanhope:-England -The net amount of property under schedule A (profits and rents of real property) assessed to income-tax was, in 1842-43, 76,505,142.; in 1853-54, 91,312,3197.; in 1857-58, 101,942,8637.; being an increase for the first period of 19 35 109,' and for the second of 11 64 100. Under schedule B (occupation of lands): 1842-3, 10,601,108.; 1853-4, 12,417,6447.; 1857-8, 13,443,151.; being an increase for the first period of 17 15-100, for the second, 8 23-100. Under schedule D (trades and professions)-1842, 52,787,3487; 1853-4, 68,135,456.; 1857-8, 73,106,8327.; being an increase for first period of 29 07-100, for the second, 7 29-100. Scotland-Schedule A:-1842-3, 9,214,9027; 1853-4, 11,161,348.; 1857-8, 12,529,6894.; increase for first period, 21 12-100; second, 12 25-100. Schedule B:-1842-3, 811,680.; 1853-4, 968.3607.; 1857-8, 1,135,469.; increase first period, 19 13-100; second, 17 25 100. Schedule D:-1842-3, 4,876,1487.'; 1853-4, 6,872,705.; 1857-8, 7,107,2871.; increase first period, 40 94-100; second, 3, 41-100.

to be of a very serious character. The number of
prisoners for trial is much smaller than usual at the
spring assizes, which is principally owing to the
magistrates having, for the first time in this county,
Mr. Justice Wightman, in his charge to the grand
held an adjourned session previous to the assizes.
jury, expressed his satisfaction that, owing to the
circumstance above alluded to, the calendar was so
be first came as judge upon this circuit at the spring
light upon the present occasion. He said that when
assizes, eleven years ago, there were 200 prisoners for
trial, and the great majority of the cases were such
as might well have been disposed of by the magis-
trates at the quarter sessions, and the holding an
adjourned session, as was done in almost every other
county, previous to the assizes, very much facilitated
the administration of justice, by disposing of the
minor cases, and was also a very great saving of ex-
pense to the county.

NORFOLK CIRCUIT.

Bedford, March 13. The commission for the county of Bedford was opened yesterday by Mr. Justice Williams. The Lord Chief Justice arrived this morning, and took his seat at eleven o'clock in the Nisi Prius Court, where there is one cause for trial. The calendar contains the names of 12 prisoners, of whom one is charged with wilful murder, two with arson, one (the secretary of the Luton Benefit Building Society) with forgery, embezzlement and larceny of the moneys of the society; one with housebreaking, and the remainder ordinary larcenies.

NORTHERN CIRCUIT.

York, March 8.-The calendar contains the names of 51 prisoners, and of 32 persons charged with offences, out on bail. One prisoner is charged with child murder; the rest with the usual variety of offences. Some of these cases are of a character to require considerable time to try them, and on the whole the calendar isr ather a heavy one. The causelist is unusually light. Up to a quarter to twelve o'clock-the time for completing the entry of the first or West Riding list-only three causes were entered; a rush to enter all there were then seems to have been made, as the list, when published, contained an entry of twenty-five causes, of which seven are marked for special juries. Among the bar this is esteemed a miserable list. Rumour assigns to the East and North Ridings list about a dozen causes. The entry is not, however, completed until to-morrow.

OXFORD CIRCUIT.

Stafford, March 13.-The cause-list contains an entry of 22 causes, five of which are marked for special juries. The calendar is very light for this county. There are 54 prisoners for trial, but the offences charged are of a very ordinary character.

The Lord Chief Justice Sir Alexander Cockburn, we are happy to learn, is so far recovered from his recent attack of bronchitis as to be able to join the circuit at Bedford.

Mr. Broome was presented with a very handsome silver snuff-box.

A JURYMAN ADMONISHED.-It has been usual in the county of Stafford to summon the special jury men to attend on the first day of the assizes, although the special jury cases are never taken before the third day. Mr. Baron Bramwell said he thought that in future they ought not to be summoned to attend before the third day. A special juryman: "Hear! say hear!" Mr. Baron Bramwell told the juryman not to

Hear, hear." A court of justice was not the place in which people should say "Hear, hear." ANCIENT RIGHTS OF CIRCUIT. -At Stafford, on Tuesday, in the Civil Court, there was some difficulty in proceeding with the business, in consequence, as was alleged, of the court sitting at an earlier hour than was usual on the first day of the assizes. Mr. Whateley, Q.C., the leader of the circuit, said it had been usual not to sit on the first day of the assizes before twelve o'clock, and he wished to claim the ancient rights of the circuit. Mr. Baron Bramwell said he must also claim the rights of the public, and he would not waste two valuable hours. The usage ought not to be maintained, unless it was a good usage. Mr. Whateley said he thought the time was not wasted, as it enabled counsel to get up their cases. Mr. Baron Bramwell said he had belonged to a circuit where 200 causes had been entered for trial, and no difficulty had been experienced. His Lordship thought the sooner the practice of sitting at twelve o'clock was got rid of the better.

ception of the lamented death of the late Mr. Justice DEATH OF BARON WATSON.-Perhaps, with the exTalfourd, no similar event has occurred which has created such a deeply painful sensation as that which it is now our painful duty to record. Immediately after charging the grand jury at the assizes for the county of Montgomery (held at Welshpool on the 13th inst.), Baron Watson, who had been for some weeks in illhealth, was observed to put his handkerchief to his face and a smelling bottle to his nose. He leant back in his chair, and it was evident that something more than a fainting fit had seized him. Several medical men were immediately in attendance, and every vise, but he grew gradually worse, and, a sofa cushion means were resorted to that medical skill could dehaving been procured, he was laid upon it and conveyed to his lodgings, which were close at hand. He The Baron's son happened to be attending his Lordhad scarcely reached them when he breathed his last. ship upon circuit, and was, of course, present when he expired. Mr. Bevan, whose name was in the commission, announced to the grand jury the sad event which had occurred, and stated that the court would

be adjourned until twelve o'clock on Wednesday, as the most respectful course that could be adopted. It was stated by the medical attendant to be a case of serous apoplexy. Mr. Russell Gurney, the recorder of London, has left town to preside at the Montgomery county assizes, in consequence of the lamented event above recorded.

MAGISTRATE AND PARISH
LAWYER.

INCLOSURE COMMISSION.- The Commissioners in their report of 1859, just printed, state, that since the Inclosure Acts were passed, the total number of applications for inclosures, partitions, &c., of lands has been 3026, of which 2201 have been conferred. The latter represents 331,622 acres, and the applications in progress refer to 177,687 acres more. The average expense of each inclosure proceeding is 15l. 19s. 5d.; that leaves the case ready for Parliament to deal with.

POOR-RATES AND PAUPERISM.-The comparative statement of paupers in receipt of relief has been just issued by the Poor Law Board, and contains an account of the number of indoor and outdoor paupers in England and Wales who received relief during each week of the month of January 1860. The returns are most encouraging, and exhibit a large decrease of pauperism as compared with the corresponding period of last year. For the purpose of the returns the whole country is divided into 11 districts, containing in the aggregate 14,714 parishes, from all of which, with the exception of 286 incorporated under Gilbert's Act, or the provisions of the 43 Eliz., returns are received weekly. The population being estimated according to the census of 1851 in receipt of relief in the last week in January was at 17,670,935, it appears that the number of persons 832,362, or about one in every 21 of the whole population of England and Wales, but this figure is manifestly too small when the increase of population since the last census is taken into consideration. The corresponding figures for last year are 872,459, showing lowing figures will show the amount of pauperism, a decrease for the present year of 40,097. The folboth in and outdoor, relieved weekly during January

WILLS AND BEQUESTS.-The will of the late Lieut.-General Sir William Francis Patrick Napier, K.C.B., late of Scinde House, Clapham-park, was proved in the London Court of Probate, on the 2nd March, by his relict, Lady Caroline Amelia Napier, the sole executrix, the personalty being sworn under 40,0007. He has bequeathed to Lady Napier his real and personal estates in trust that she should receive the income arising therefrom for her life, and upon her decease the property to be divided among five of his children-namely, his son John, and his daughters the Countess of Arrau, Mrs. Bruce, and Emily and TESTIMONIALS TO MR. BROOME, TEMPLE GARCaroline Napier, but has excepted from any share DENS.-A few days since, Mr. Salter, nurseryman of therein his daughter Mrs. Miles, from her being Hammersmith, presented Mr. Broome with a very amply provided for. The will was made on the 9th beautiful silver cup, as an acknowledgment of his April 1859, and Sir William died on the 12th Feb. perseverance and intelligence in bringing the cultilast, aged 74. The deceased General was distinguished vation of the Chrysanthemum to its present state of both as an officer in the field and in the "ranks" of popularity and perfection. Also at the annual meetliterature. The late Lady Anne Pearl, relict of Siring of the Tower Hamlets Chrysanthemum Society, Although the above table of 1860 shows a great de

1859 and 1860:-
First week
Second week
Third week
Fourth week
Fitth week

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1859. 854,495 859,895 866,130

870,320 872,459

.......

1860. 826,165 828,191 .... 829,997 831,285 832,362

crease as compared with the year 1859, a progressive increase in each week is unfortunately observable, but, comparing it with the table of 1859, we see the same increase towards the end of the month, thereby suggesting that the increase of the present year is not due to any undue or exceptional pressure, but to the ordinary course of events.

two mines, and with an inadequate amount of labour. The country presents every facility for the successful carrying out of an undertaking of this character, inasmuch as there is abundance of water-power, cheap timber, and practical miners are obtainable at a moderate price. Within a short distance there are iron foundries, powder mills, smelting works, and every requisite for carrying out a vigorous and economical working of these mines. The nominal

REAL PROPERTY LAWYER AND Capital has been fixed at an amount which it is

CONVEYANCER.

Answers to Queries.

ASSIGNEE OF LEASE-LIABILITY ON COVENANT.-Under the circumstances stated by "A." upon this subject in your last number, I certainly think the lessor can sustain an action against "C." for breach of the covenant to repair, contained in the original lease of the property, of which lease "C." was an assignee, and the breach of covenant in question occurring before the assignment to "D. ;" and for this reason: The covenant to repair entered into by the original lessee is a covenant which "runs with the land," (as it is called); and in consequence, every person who, during the continuance of the lease, becomes possessed of the term of years, is entitled to the same rights, and is subject to the same liabilities under such covenants, as subsisted between the original lessor and lessee. I should add, that the lessor has a remedy also against the original lessee, who stil remains liable upon all the covenants during the whole continuance of the term. It is usual for a lessee, on assigning his lease, to obtain a covenant from the person to whom he assigns, indemnifying him (the assignor) from all liability in respect of the covenants contained in the lease, and thus to make himself as secure as he can from any loss. I would refer your correspondent to "Woodfall's Landlord and Tenant," and the cases there cited, upon this important subject.

Great Ormond-street, March 13.

STUDENS.

TITHE COMMISSION REPORT 1859.-The commissioners have received 7070 agreements, and confirmed 6778; 5644 drafts of compulsory awards, and confirmed 5445; 11,781 apportionments, and confirmed 11,775; 792 applications for exchange of glebe land, and confirmed 728; 7049 notices for making awards have been issued. In 12,223 districts the tithes have been commuted; in 408 of which the rentcharges have been redeemed or merged. 2189 altered apportionments have been made, and 1897 confirmed. At the close of 1859, the commissioners had confirmed 14,400 distinct mergers of tithes or rent charges.

COPYHOLD COMMISSION REPORT (4 & 5 VICT. c. 35, s. 3).—In the proceedings during the present year, there have been 371 enfranchisements effected, the particulars of which are stated in a schedule. Besides these, the commissioners have received twelve applications, under the voluntary powers of the Acts, and have approved, during the year, of thirty draft deeds. Under the compulsory powers, they have received 293 applications, have confirmed twenty-one awards of valuers or umpires, and have approved of seventy-nine draft awards. The Copyhold Act of 1858 has afforded great facilities for the enfranchisement of copyhold lands, of which the country has largely availed itself in the past year. Under the Universities and Colleges Estate Act 1858, the commissioners have authorised, in 1859, thirtyseven sales, five enfranchisements, eight purchases, four exchanges, and one application for raising money by mortgage.

JOINT-STOCK COMPANIES' LAW

JOURNAL.

COURT OF BANKRUPTCY. (Before Mr. Commissioner HOLROYD.) Re THE ROYAL BRITISH BANK. Linklater, for the assignees, said the assignees had hoped to declare a dividend of 6d. in the pound about September last, but, in consequence of many of the debtors not making their payments, they were unable to do so. The assignees were now in a position to make a further dividend of 6d. in the pound. This, with the dividends already declared, would make a total of 15s. in the pound paid to the creditors. The creditors were so numerous that it was desirable to obtain the use of the Rotunda, at the Bank of England, and Mr. Lee, the official assignee, had made arrangements with the proper authorities for the use of it. He believed the 4th and 5th April would be the days of payment. At present it was only necessary to fix a day for the dividend meeting.

The COMMISSIONER appointed the 27th March, when it is understood the dividend will be 6d. in the pound, payable at the time and place already mentioned.

The East Kongsberg Native Silver Mining Company of Norway has issued its prospectus. This undertaking has been organised for the purpose of purchasing and working an integral part of the Kongsberg Native Silver Mines, which are situated in the Anna Sophia district, Norway. The property embraces an area of upwards of 56,000 acres, and is about fifty miles from Christiana, the capital. There are thirty distinct mines, and are contiguous to those worked by the Government, from which (as has been already stated in the journal) a net profit of upwards of 44,000 annually has been made for the last twenty-five years, produced by working only

thought can be profitably employed in so extensive a district, but it is proposed to commence operations so soon as the subscriptions suffice for the development of any one of the already opened mines.-Mining Journal.

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INNS OF COURT.-QUESTIONS AT THE
PUBLIC EXAMINATION.
Hilary Term 1860.

QUESTIONS BY THE READER ON CONSTITUTIONAL
LAW AND LEGAL HISTORY.

1. By whom were the circuits of judges first established?

2. By whom was the "Assisa" first substituted for trial by battle?

3. What distinction do you find in Magna Charta between the greater and lesser barons?

4. What date do you give to the representation of boroughs in Parliament ?

5. What was the date and purport of the constitutions of Clarendon? Mention the name of any man conspicuous in our history who refused obedience to them.

6. Give an account of the manner in which the exclusive right to originate money bills grew up in the House of Commons.

7. Mention any proofs of the progress of the constitution in the reigns of Edward the First and Edward the Third.

8. Mention any act of resistance by the judges to the will of the Crown in the reign of Queen Elizabeth.

9 In what relation did the Crown stand to the Church during the reign of Queen Elizabeth ? 10. Mention the first remarkable instance of difference between the Crown and Parliament after the death of Henry the Fourth.

11. State the causes which connect temporal and ecclesiastical history during the reigns of Elizabeth, of James the First and of Charles the First. 12. In what were the securities of the subjects' freedom defective during the reign of Elizabeth?

13. When were those defects redressed? 14. What is the opinion of Blackstone as to the constitution in the reign of Charles the Second? 15. When were the feudal burdens on land finally abolished?

16. When did the principle of the appropriation of supplies begin-and when was it finally established? 17. What eminent service did Lord Clarendon render his country after the Restoration?

18. Give an account of Bushel's case.

19. Give an account of the Habeas Corpus Act, and of its immediate causes.

20. How long did Charles the First govern without Parliaments?

21. What was Peacham's case? Trace the doctrine that words can constitute treason, down to the Revolution?

redemption they are to be redeemable, on payment of the money advanced, by the husband or wife. The day named in the proviso for redemption having passed, the mortgagee files a bill for foreclosure against the husband and wife. The wife claims a settlement as against the mortgagee, and proves that her husband is in insolvent circumstances, and unable to support her. To what is she entitled ?

10. A purchases a freehold estate, which, by his direction, is conveyed unto and to the use of A., B., a son of A., and C. the father of A., and their heirs. B. dies an infant; A. then dies, having by will devised all his lands to D. and his heirs. Who is entitled in equity and at law to the estate purchased?

11. A testator devises a freehold estate to trustees upon trust to sell the same, and out of the proceeds to pay 100%. to a charitable institution, and the remainder of the proceeds to A. He gives the residue of his personalty to B., but makes no disposition of his residuary real estate. Who will be entitled to the 1007.?

12. Real estate is devised to trustees upon trust to sell and divide the proceeds among several persons, some of whom die in the lifetime of the testator. Are probate and legacy duties payable in respect of all or any and what part of the property?

13. A reversionary interest is sold by private contract. After the sale has been completed the vendor files a bill to set the transaction aside. The evidence in the cause establishes no material fact besides those stated above. Which party will be entitled to the decree of the court?

14. Can a bill be sustained against a person who is not interested in the subject-matter of a suit, in any and what instances?

15. An estate is vested in trustees upon trust for A. during his life, and after his decease for such of the children of A. as he shall by any deed executed by him, and attested by two witnesses, appoint; and in default of appointment, or so far as the same may not extend, upon trust for B. and his heirs. A., by a paper writing between himself on the one part, and a son of A. on the other part, signed by A., but not under seal or attested by any witness, in consideration of natural love and affection, appoints the trustestate to his son, and further agrees that, on A.'s decease, his son shall receive an annuity of 1007. out of A.'s personal estate. After the decease of A. can his son enforce the provisions of the instrument, to any and what exteni?

16. A. mortgages Whiteacre and Blackacre to B. as a security for 1000, and he afterwards mortgages Whiteacre alone to C. for 500l. C.'s mortgage does not contain a power of sale. In what manner should he proceed in order to enforce his security, his title being disputed by B. ?

17. A., by a post-nuptial settlement, conveys freehold property, of which he is seised in fee, and a leasehold estate, to trustees upon trusts for the benefit of his wife and children; by the same deed he declares that he will stand possessed of a sum of stock (then standing in his name) upon similar trusts. He afterwards, in consideration of an advance of money, executes a deed, purporting to convey the freeholds, leaseholds and stock, by way of mortgage, to secure the advance. Can the mortgagee enforce his security against any and what part of the property?

18. A leasehold estate is bequeathed to trustees upon trust for A. and the heirs of his body, with remainder, in default of such issue, to B. and his heirs. The trustees, at the request of A., surrender the lease to the lessor, in consideration of a new lease, which he grants to A., his executors, administrators and assigns. A dies without issue, and before the 23. When were judges first made independent by original lease, if unsurrendered, would have expired. law?

22. Give an account of the petition of right.

EQUITY.

1. In what case is a suit properly commenced by information? Who is the informant, and by whom, in case the information is dismissed with costs, are the costs to be borne ?

2. Explain the mode in which a defendant to a bill in Chancery is compelled to answer the interrogatories filed for his examination by the plaintiff.

3. Explain the rule that a bill, which is demurrable with respect to the relief, is demurrable also as regards the discovery; and state the reason on which the rule is founded.

4. In what manner do bodies corporate, infants, married women and lunatics defend a suit respectively?

5. Explain and illustrate the maxim "He who seeks equity must do equity."

6. What is meant by the expression "appropriation of payments?" State the leading rules relating to such appropriations, and the principles on which they are founded.

7. Personal property is bequeathed to trustees upon trust for a married woman for her separate use, and to be disposed of as she shall direct, free from the debts, control, or interference of her husband. She dies without making any disposition of the property. Who is entitled to it?

8. Under what circumstances is a voluntary settlement void as against creditors by virtue of the statute 13 Eliz. c. 5?

9. Leaseholds are bequeathed to a married woman, her executors, administrators and assigns. Her husband mortgages the premises, and by the proviso for

Who is entitled to the new lease?

Note. When an opinion is required, the reasons on which it is grounded must be distinctly stated: it is not essential that authorities should be quoted, but they should not be omitted, when remembered. (To be continued.)

MERCANTILE LAWYER.

NOTES OF NEW DECISIONS. BILLS OF EXCHANGE-CONSIDERATION.-B., a merchant in London, agreed with C., a merchant abroad, to carry on a joint operation, by which C. was to draw bills on B. periodically advance during the operation by remitting and and sell them abroad, keeping B. out of cash redrawing from time to time bills to the same amount every second packet, the profit and loss to be shared between the two firms. Bills were drawn accordingly by C., and sold abroad to D. in the usual course through a broker. The profit or loss depended on the rate of exchange upon such sales. B. refused to accept the bills so sold to D., C. stopped payment, and D. proved against his estate and received 40 per cent. In an action by D. against B. it was held that B. was not liable for the bills, nor in an action for not accepting them, nor for money had and received, the consideration for the purchase of the bills having wholly failed: (Nicholson v. Ricketts, 35 L. T. Rep. 544.)

DAMAGES FOR BREACH OF CONTRACT.-B. told C. that Admiralty contracts were out for oals, and inquired if he had any tonnage to offer. In consequence, B. chartered a ship of C., which was not ready in time to enable B. to fulfil his Admiralty contract. B. thereupon arranged with another vessel to take his coals in pursuance of the contract, and the jury found that this was best for the interests of all concerned. B. was held to be entitled to recover, as damages for the breach, the extra expenses incurred by so forwarding the coals: (Prior v. Wilson, 35 L. T. Rep. 549.)

or documents are to be obtained according to the
practice now existing for obtaining office copies of

answers.

11. Where a plaintiff is required to answer inter-
rogatories, he is to file his answer thereto, and to get
such answer printed, and to furnish printed copies
thereof, in the same manner as a defendant is by these
orders required to do with respect to his answer.
12. The clerks of records and writs are not to certify
or mark any printed copy of an answer which has any
alteration or interlineation in writing.

13. No costs are to be allowed, either as between
party and party, or as between solicitor and client,
for any written brief of an answer, unless the court
shall direct the allowance thereof.
mentioned in the schedule hereto.
14. Solicitors are to be entitled to charge the fees

several years as a special pleader below the bar, was called in 1832, and subsequently became a Queen's Counsel and a bencher of Lincoln's-inn. He first entered Parliament in 1841, as the Liberal M.P. for the Irish borough of Kinsale, but was defeated by Mr. R. S. Guinness, the Conservative candidate; but although the election was voided on petition, he did not seek re-election at the hands of his old constituency. At the general election of 1852 he was an unsuccessful candidate for the representation of Newcastle-on-Tyne, but was defeated by the late Mr. John F. Burgoyne Blackett and the Right Hon. Thomas Emerson Headlam, now Judge-Advocate-General. He was, however, chosen in August 1854 for Kingston-onHull, the election of Messrs. J. Clay and Lord Goderich (now Earl de Grey and Ripon) being declared null and void. In Parliament he was a steady and consistent Liberal, and voted for the admission of Jews to their seats in the Legislature, the extension of national education, and parliamen16. Written bills, pleas, demurrers, special cases, tary reform. Few men, we believe, were more popuduplicates of summonses originating proceedings in lar in St. Stephen's, and hearty were the congratu chambers, records for trial, interrogatories, examina-lations of his friends when in 1856 he was nominated tions, traversing notes, replications, supplemental to a seat on the judicial bench as a Baron of the statements, exceptions and certificates to be filed in Exchequer; and now not less sincere will be their the office of the clerks of records and writs, are to be regret at hearing of his premature death at the age written on paper of the same description and size as of sixty-three. that on which bills are printed. Affidavits to be filed THE COURTS & COURT PAPERS. in the office of the clerks of records and writs, are to

BANKRUPTCY-PROOF. The sum proveable against a bankrupt's estate in respect of railway shares deposited with him and by him appropriated to his own purposes, must be determined by their market value at the time of the demand made or proof tendered. Where shares had been left in bankrupt's possession for three years without being demanded by the owner, and a proof had been admitted for their full value at the time of their purchase, such proof was ordered to be reduced (Re Morgan, 34 L. T. Rep. 72.)

CHANCERY ORDERS.

The Lord Chancellor said he had, with the concurrence of all the equity judges, made an order for all answers to bills in Chancery, in future, to be printed in the same way as bills were now required to be printed under the general orders of the court.

The Right Hon. John Lord Campbell, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Hon. Sir John Romilly, Master of the Rolls, the Right Hon. the Lord Justice Sir James Lewis Knight Bruce, the Right Hon. the Lord Justice Sir George James Turner, the Hon. the Vice-Chancellor Sir Richard Torin Kindersley, the Hon. the Vice-Chancellor Sir John Stuart, and the Hon. the Vice-Chancellor Sir William Page Wood, doth hereby, in pursuance and execution of all powers and authorities enabling him in that behalf, order and direct in manner following.

1. From and after the 15th day of April 1860, the practice of engrossing answers on parchment shall be discontinued, and a defendant (except as otherwise provided by Order No. 5) is to file his answer, written book wise upon paper of the same size and description as that on which bills are printed.

2. At the time when a defendant files his answer, he is to leave with the clerks of records and writs a fair copy thereof (without the schedules, if any, of accounts or documents), and the clerks of records and writs are to examine and correct such copy with the answer filed, and return it, so examined, with a certificate thereon that it is correct and proper to be printed.

3. A defendant is then to cause his answer to be printed from such certified copy, on paper of the same size and description, and in the same type, style and manner on and in which bills are required to be printed, and before the expiration of four days from the filing of his answer, is to leave a printed copy thereof with the clerks of records and writs, with a written certificate thereon by the defendant's solicitor, or by the defendant if defending in person, that such print is a true copy of the copy of the answer so certified; and if such printed copy shall not be so left, the defendant shall be subject to the same liabilities as if no answer had been filed.

4. At any time after the expiration of such four days, the defendant, within forty-eight hours after the same shall have been demanded in writing, is to have ready for delivery to the plaintiff an official and certified printed copy of the answer.

5. Notwithstanding the preceding orders, a defendant is to be at liberty to swear to and file a printed answer.

6. On receiving from the plaintiff a demand for an official and certified printed copy of the answer, the defendant is to get a printed copy thereof examined by the clerks of records and writs with the answer as filed, and to stamp such copy with a Chancery stamp for 5s., and the clerks of records and writs, on finding that such copy is duly stamped and correct, are to certify thereon that the same is a correct copy, and to mark the same as an office copy.

7. Such copy is, on demand, to be delivered to the plaintiff, who, on receipt thereof, is to pay to the defendant the amount of the stamp thereon, and at the rate of 4d. per folio for the same.

8. The plaintiff is also to be entitled to demand and receive from the defendant any additional number of printed copies of his answer, not exceeding ten, on payment for the same at the rate of one halfpenny per folio.

9. After all the defendants who are required to answer shall have filed their answers, a co-defendant is to be entitled to demand and receive from any other defendant any number of printed copies of his answer, not exceeding six, on payment for the same at the rate of one halfpenny per folio.

10. Office copies of schedules to answers of accounts

15. These orders are not to apply to answers filed by defendants or by plaintiffs defending or suing in formâ pauperis, except Order 1.

be written on foolscap paper book wise. Depositions
of witnesses are to be written on foolscap paper book-
wise or briefwise as the examiner may think fit. Pro-
vided nevertheless, that the clerks of records and writs
may receive and file affidavits and depositions written
otherwise than as here directed, if, in their opinion, the
circumstances of the case render such reception and
filing desirable or necessary.

17. In these orders the following words have the
several meanings hereby assigned to them, over and
above their several ordinary meanings, unless there be
something in the subject or context repugnant to such
construction; (that is to say), words importing the
singular number include the plural number, and words
importing the plural number include the singular num-
ber, and words importing the masculine gender in-
clude females.

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For Instructions or brief in a suit by
bill on cause coming on for hearing,
to be charged on service of notice of
motion for a decree, or on service of £ s. d.
subpoena to hear judgment.....
110
The solicitor of the party answering in-
terrogatories, for perusing the inter-
rogatories

If exceeding forty folios, at per folio
The solicitor of the party filing an
answer, for his attendances on the
record and writ clerks, with and for
the written and printed copies of the
answer, and for certifying

For examining and correcting the proof,
at per folio...

For attending the printer with the
answer to be printed

For revising the print before swearing,
or filing, at per folio.......
March 6, 1860.

CHANCERY

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NOTICE.

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THE LATE BARON WATSON.

The sudden death of Mr. Justice Crowder in December last has been followed, at a very short interval, by the still more sudden decease of the Honourable Baron Watson, whose death at Welshpool, Montgomeryshire, was announced on Wednesday.

The deceased judge, whose tenure of the judicial bench has been so brief, was William Henry, the eldest son of the late Capt. John Watson, formerly of the 76th Regiment of Foot, and he at one time himself held a commission in his Majesty's service, having entered the army as cornet in the 6th Dragoons in 1811; he became a lieutenant in 1812, and after having served with the 1st Royal Dragoons, and afterwards in the Inniskillens, through the latter years of the Peninsular campaigns, as well as in France and Belgium, retired on half-pay at the close of the war in 1816. In the following year he putting into practice the old adage of Cedant arma toga, by entering himself as a student at Lincoln's-inn; and having practised for

The late Baron bore the character of a fair and painstaking judge, and was gifted with shrewd common sense, and a penetrating judgment, for which he was, in fact, far more distinguished than for the more professional accomplishment of strictly legal and His clear head and cool judgtechnical learning. ment never failed him, either in the Court of Exchequer, or when sitting as assessor to Sir Cresswell Cresswell in the new Divorce Court.

Baron Watson continued to the last to take the deepest interest in all matters connected with his old profession the army, and continued to draw his halfpay to the end of his life. He married twice, as we learn from the "Shilling Knightage:" first, in 1826, a daughter of W. Armstrong, Esq.; and secondly, in 1831, a daughter of A. Hollest, Esq. His loss will be severely felt, not only in professional circles, but also in the neighbourhood of Bognor, where he had taken up his residence.

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.
Tuesday, March 6.

By Messrs. CHINNOCK and GALSWORTHY, at the Mart.-Freehold range of hop warehouses, New Park-street and Emerson-street, Southwark; let on lease at 1501. per annum-sold for 26004. Freehold ironfoundry and dwelling-house, 33, Bear-lane, George-street, Blackfriars; let at 1101. per annum-gold for 18101 Freehold house, with two butchers' shops, No. 17, Newport-court, Leicester-square; let on lease at 50% per annum-sold for 5:01. Freehold public-house, known as the Noah's Ark, 17, Shoe-lane, Fleet-street; let on lease at 534 per annum -sold for 1010. Freehold manufacturing premises, in the rear of the Noah's Ark, Shoe-lane; let on lease at 60% per annum-sold for 1100Z. Freehold ground-rent of 30 per annum, arising from Nos. 1, 3, and 6, Southville, Wandsworth-road, Surrey, with reversion in thirty-seven years-sold for 7504 Freehold ground-rent of 364 per annum, secured on Nos. 7 to 12, Southville, Wandsworth-road, with reversion in thirty-seven years-sold for 9001. Freehold ground-rent of 454 per annum, arising from Nos. 13 to 18, Southville, with reversion in thirtyseven years-sold for 1050 Freehold ground-rent of 321 per annum, arising from Nos. 19 to 22, Southville, Wandsworth-road, with reversion in thirty-seven years-sold for 7004 Freehold ground-rent of 241 per annum, arising from Nos. 1 to 6, Southville-terrace, Wandsworthroad, with reversion in thirty-seven years-sold for 2701. Freenold ground-rent of 54. 84. per annum, arising from two cottages and stabling in Southville-mews, Wandsworth-road, with reversion in thirtyseven years sold for 904-Freehold plot of ground, having erected thereon Nos. 1 to 14, Terrace, Southville, 23 to 29, Southville, a chapel, 1 to 8, Priory-grove, 1 to 4, Southville-terrace, four cottages in Southville-mews, &c., rack value over 600 per annum; let on lease at a peppercorn, reversion in thirty-seven years-sold for 6201 Two leasehold residences, unfinished, Phillimore-gardens, Kensington; held for 96 years from March 1858; ground-rent 104. 10s. each-sold for 8004 and 7404 respectively. The absolute reversion to 82204. New Bank Annuities, receivable on the death of a lady aged 75 in May next-sold for 51004

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