chaser of the restrictive covenants contained in the deed, brings the case within the third class of instruments mentioned in Tilsley on Stamps, p. 320, 2nd edit., as "An instrument in which several persons join, relating to one subject-matter, wherein each party possesses a several interest of his own, but one in common with the others." At p. 319 of the work just mentioned, the author quotes with approval from Phillips on Evidence, 445, as follows, "If the instrument affects the separate interests of several, and there is a community of the same subject-matter as to all the parties, then a single stamp will be sufficient." A deed of assignment for the benefit of creditors may be mentioned as analogous to the deed in question as requiring but one stamp. B. JOINT-STOCK COMPANIES' LAW JOURNAL. NOTES OF NEW DECISIONS. POWER TO BORROW MONEY-IRREGULARITY.— By the deed of settlement power was given to the directors to borrow money for the company by issuing debentures in a specified form, and with the consent of shareholders in the manner prescribed. The directors afterwards borrowed bankers in London, or at any of the country banks, Canada Landed Credit Company, Victoria-hall, COURT OF BANKRUPTCY. (Before Mr. Commissioner EVANS.) Re THE MITRE ASSURANCE COMPANY (LIMITED). Bagley, for the assignees, said, this company having been adjudicated bankrupt, most unusual difficulties had been experienced. Two of the persons who had carried on the business were missing, one being the secretary, the other Mr. Latham, the The assignees had, however, managing director. Mr. Strousberg said there were 200 or 300 books. It would be impossible for the accounts to be ready in less than three or four months. The COMMISSIONER.-There will be an adjournment for six weeks. It will then be seen if you have been diligent in the matter. Adjourned accordingly. LAW STUDENTS' JOURNAL. Correspondence, LEGAL EXAMINATIONS.-In looking at your paper of last week I could not but feel struck with the concise rules and regulations issued by the Council of Legal Education as to the subjects and mode of examining the students of the inns of court, and in doing so I think the Incorporated Law Society would take a wise step in following their example, by giving us a list of the various books in which it is intended to examine us. And as this is not the first time a hint has been given by the articled clerks themselves on this point, I hope you will lend your valuable aid (which has always been given in matters relating to our welfare) in recommending the Incorporated Law gain the thanks of hundreds like myself. money, but not with the formalities so required, examined Mr. Strousberg and several other parties. Society to take this wise step, and I am sure you will and the money borrowed was applied to the purposes of the company, stated in the annual reports, and not objected to by the shareholders. It was held that after two years of such acquiescence, the debentures so issued were valid: (Re Magdalena Steam Navigation Company, 3 L. T. Rep. N. S. 147.) A petition to wind-up a company under the Acts of 1856 and 1857 must be advertised, as re quired by the Winding-up Acts of 1848 and 1849, seven clear days before the day appointed for the hearing. Where this has not been done, the court has no power to order an adjournment to enable such advertisements to be inserted: (Ex parte Martyn, 3 L. T. Rep. N. S. 154.) Correspondence. CANADA LANDED CREDIT COMPANY.-I have just noticed in the LAW TIMES of the 7th July your remarks on this company, which are correct for the most part, but there are one or two points on which, perhaps, you will allow me to offer explanation. You state that the company "proposes to lend on mortgage or deposit of title-deeds at a high rate of interest.' Now the company could not by its charter recognise an equitable mortgage in any shape. It has no power, even if it had the will, to do business in so loose and hurried a way. Every case which presents itself has to go through a searching ordeal. The mortgagor sends in his application for the amount he requires, with full particulars of his estate, on a printed form. The property, which is all good productive land-no money is lent on house propertyis then valued by the company's own valuer. On this valuation the board determines the amount to be loaned, which must never exceed, under a clause in the charter, one-half the value; and so careful indeed is the board in respect to this very important particular, that the securities in the company's possession at the present moment are in value more than three and a-half times the amount of the money lent. It would be impossible to have better security than this affords as regards value. And then as to settling and approving of title, our general registry of deeds makes this a very simple affair. The true state of a title is seen at a glance, and this being a young country, titles are short as compared with old countries. They are derived directly, or at least only a few removes, from the Crown. It is only, therefore, in very rare cases that any difficulty occurs in this respect, and when a title is not perfectly clear the loan is declined. It may safely be assumed, from the severe scrutiny which each title undergoes by the company's able counsel, that there will be No flaw or spec, That e'en the lynx-eyed law itself could find. You most properly suggest that a very high rate of interest is incompatible with good security. There can be doubt of it; but you will please bear in mind that 8 per cent. is not high, but a very fair interest in Canada, and all persons can easily get that, if they will only send their money over; but the reason they do not do so, or at least only a few comparatively do 80, and the reason those who do do not get their 7 and 8 per cent. clear is, that having no friends in Canada on whom they can rely, they have to employ undry agents, and to these they must pay heavy commissions, and certain small incidental charges; and moreover, they may find some of these fine days that they have to take a pleasant trip over here to enforce in our courts the payment of their interest in arrear, or to attend the slow marches of a suit of oreclosure for nonpayment of their principal. But parties taking the debentures of this company are freed From all these inconveniences and risks. The funds re invested in the name of the company; the comany assumes all responsibilities; the lender has to ook to it alone, and to satisfy himself of its respecability and responsibility; and, being satisfied, he receives his 6 per cent. to the day at the company's and he now asked for an order calling upon the directors to file a balance-sheet. The books were Mr. Strousberg denied that he was a director. Lawrance.-He performed certain acts as a rector, and the onus is upon him to show when he resigned and ceased to act as one. He could show that by a minute in the books of the company. AN ARTICLED Clerk. Knaresbro', 16th Oct. 1860. 66 withheld, being claimed under a bill of sale, but after some negotiations part of the books had been given EXAMINATIONS UNDER THE NEW ACT.-As from up, but they were found to contain none of the transactions of the company for the last two years. The in your valuable paper, there is every reason to the correspondence which from time to time appears company had gone on receiving premiums to the last believe that its columns are open to all, influenced moment, and they had proof that Mr. Strousberg had by none," and that you do not deny publication to a acted as a director to the last. He therefore pro-letter simply because it is at variance with the views posed to include in the order the names of Mr. Strousberg, Mr. Latham, Dr. Massey, and Mr. you uphold, I have taken the liberty of addressing myself to you as an articled clerk, in the hope that Pocock. Lawrance said he appeared for a body of share-brother students, and provoke, if possible, a little these few lines may catch the eye of some of my holders who were deeply interested, and it was all-excitement on the question of examinations as proimportant to them and the public that the affairs of posed by the new Attorneys and Solicitors Act. I the company be forthwith disclosed. The company have always been in favour of at least three examihad incurred liabilities to a large amount, and the nations prior to admission, both because I think it assets were being administered by three persons, who would give the real student a fairer chance, and also had rendered no account of their stewardship. He because it would ensure what is evidently the great trusted the court would exercise its wholesome juris- aim and purpose of this Act, namely, that the diction by ordering a balance-sheet to be filed. Mr. right men should be in the right place." The plan Strousberg had taken an active part in the affairs of of examinations I would propose is as follows: That the company and had signed its last cheque, as stated there should be three examinations: the first, about by a clerk of the London and Westminster Bank. eighteen, must be after the clerk has entered articles, di-mentary; the second, say, eighteen months after and which should be, comparatively speaking, elethat, which, of course, keeping pace with the period which would have elapsed since the former, should be more difficult; and the final one at the expiration of the five years, which should be examinations would thus answer to the "little go,” pretty much the same as it is now. These three the "mods" and the "great go" of Oxford, and I cannot help thinking would prove a boon to the that a solicitor was well versed in public at large, because they would be a guarantee "first principles;" also, I think, would, to a great extent abolish the odious practice of "cramming"-a system which cannot be too strongly animadverted on, or too severely condemned. Of course the clerk should work at one examination until he passed it, and not be allowed to go from the first to the third without having mastered the second; in short, that all three should be compulsory. The fees of these examinations would be certain to cover the expense, so that there could be no room for objection on that ground. In all other respects I have read the excellent paper in your pages with great gratification, as I consider on the Attorneys and Solicitors Bill now appearing it one which cannot be too much admired or too cordially approved of. METEOR. Mr. Strousberg.-I have no books and there is no minute. The books were not in my line. I was inspector, and never had anything to do with the books. Lawrance.-Mr. Pocock has sworn that Mr. Strousberg acted as chairman of the company. Mr. Strousberg said that admitted of explanation. He was inspector, but in 1856 or 1857 was elected a director, and he continued as an honorary director, but never properly qualified for the office. Lawrance produced three cheques, signed by Mr. Strousberg as a director. The matter was ordered to stand over to the next day. Oct. 16.-Bagley, for the assignees, said fifty persons were present to tender proofs. The claims might involve the nicest points, and the assignees would at present suggest an adjournment of the whole number. Every possible effort had been made to serve the directors and others with notices, but with little effect. Notice had been served last night upon Mr. Bridges, the secretary of the company, but he was not present to-day. Several of the directors could not be found. Edwards, for Strousberg, objected to his name being included in any order. Under the 7 & 8 Vict. c. 110, s. 28, it was enacted, that to constitute a director it was requisite that a person should be a shareholder. His client had never been a shareholder, nor even been registered as such. He had not been a director, but had acted as inspector-general of agents. The COMMISSIONER.-I am of opinion that he was a director, and I therefore make upon him the order. Tucker, for the Rev. Mr. Pocock, said his client had ceased to be a director in Sept. 1859. The court could not, therefore, include his name in any order it might make. LEGAL OBITUARY. Nore. This department of the LAW TIMES is contributed by EDWARD WALFORD, Esq., M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain, and as it is desired to make it as perfect a record as possible, the families and friends of deceased menibers of the i'rofession will oblige by forwarding to the LAW TIMES Office any dates and materials required for a biographical notice. C. SEAGRIM, ESQ. The late Charles Seagrim, Esq., of Winchester, was the youngest son of the late William Seagrim, Lawrance, having remarked upon clergymen being Esq., of Wilton, near Salisbury, where he was born directors of companies of this kind, said the position in the year 1803. He was educated by the of affairs was very singular. Everybody sought to Rev. Dr. Griffiths, of Southampton, and addisclaim being a director. In the mean time they mitted a solicitor in 1826. He held the apwere without books or papers of any kind, or a far-pointment of under-sheriff of Hants for eighteen thing of assets. Mr. Lucas tendered a proof from Mr. Pratt, of Sudbury, who had paid 301. a-year during the last ten years on a life policy. His HONOUR said he would defer the consideration of all claims. An order was then made upon three directors, namely, Mr. Strousberg, Mr. Latham and the Rev. Dr. Massie, to prepare a balance-sheet, the Rev. Mr. Pocock being excused. There would be an adjournment for six weeks, when the directors would be prepared with the accounts. years, and was well known to many members of the bar for his legal experience and ability. Also clerk to the justices of the peace. Was elected mayor, by the citizens of Winchester, for the years 1844, 1848 and 1851. Mr. Seagrim's character, for kindness to the poor, and amiability of disposition to all, endeared him to a large circle of friends. He died suddenly at Aldershott, near Farnham, on the 6th Aug. last, and was buried in Winchester Cemetery. Ile married, in 1829, Mary, the orphan daughter of John Benjamin Smith, Esq., captain of the sixth regiment. By whom he has left two sons, and two daughters. The eldest son holds a commission in the 1st Royal Regiment, now serving in India. W. SHEPPARD, ESQ. The late William Sheppard, Esq., formerly Fellow of Oriel College, Oxford, and member of the Inner Temple, who died at his residence in Cheltenham, Sept. 2, lamented by all, was born at Burton-hall, Somerset, Sept. 7, 1814. He was the only son of the late William Sheppard, Esq., of Clifton, Somersetshire, by Harriet his wife, daughter of the late Osborne, Esq. He inherited considerable property at his father's death in 1836, and was consequently never called to the bar, but was subsequently elected a member of the Inner Temple. He stood two contested elections, and after his maiden speech on the hustings at Durham in the year 1841, he was offered the honour of being elected a member of the Carlton Club without ballot. This honour was declined by him, as he was a man of too independent a spirit to attach himself to any party. He was gifted with an intellect of the highest order, very remarkable powers of memory and analysis, which, together with an ardent love of literature from a very early age, gave him unbounded knowledge on almost every subject, especially history and poetry. It was truly remarked of him, "He was a man of whom something could always be learnt in conversation." He was never at a public school; but at the unusually early age of sixteen years gained a scholarship at Trinity College, Oxford. He took his degree of B.A. with first-class honours in classics in 1833, and was subsequently elected Fellow of Oriel College, Oxford. Amongst other literary avocations he had been for some time past engaged in collecting materials and writing a work for the press entitled "The AngloSaxon Element in Law and History," which it had been his intention to submit to the notice of the Master of the Rolls, as supplying the very matter desired by him for a complete History of Great Britain. Those who have seen the commencement of this MS. in its present rough state deeply deplore that a work of so much promise and magnitude, and of such inestimable value in casting new and clear light on the early and but little analysed periods of history, as connected with Anglo-Saxon laws, should now remain incomplete, owing to the death, in the prime of life, of him, who may truly be considered a loss to the literary world, as well as to those who through closer ties mourn the companionship of one so truly benevolent, amiable and nobly disinterested and kind in every relation of life, and always unobtrusive with respect to his talents and attainments. Mr. Sheppard died at Cheltenham on the 2nd Sept. last, and was buried at Leckhampton, near that town. He married, in 1856, Caroline Christiana Bennet Fyler, daughter of the late Samuel Fyler, Esq., of Twickenham, Middlesex, and of Dover-street, Piccadilly. J. HAMMILL, ESQ. The late John Hammill, Esq., barrister-at-law, many years a police magistrate in the metropolis, the only son of the late Martin Hammill, Esq., of Liverpool, was descended from a very ancient Ayrshire family. The name of Hammill is of great antiquity, and so early as the year 1214 they are mentioned as holding lands in Lothian. In 1452 there is also a charter from John de Lyddale to Robert de Hammyll, of Roughwood, containing a confirmation of previous and older grants to that family. This estate, in 1608, belonged to his descendant Hugh Hammill, some of whose family settled in Ireland, and from this branch the subject of our memoir was descended. Mr. Hammill was born on the 13th April 1803; his education commenced at Macclesfield Grammar School, under the Rev. Dr. Davies, and was completed at Trinity College, Cambridge, where he took the degree of B.A. in 1828, and M.A. in 1831. In Hilary Term 1832 he was called to the bar by the Hon. Society of the Inner Temple, and for many years went the Northern Circuit. In 1835 he was appointed one of the Boundary Commissioners of Boroughs, and in 1840 a Commissioner of Bankruptcy in Liverpool. It was in 1847 that he received the appointment of police magistrate at Worship-street, which office he so ably discharged until his removal to Marylebone at the commencement of the present year. No ordinary qualities combined to form the character of this excellent man, and he will be long held in affectionate remembrance by a wide circle of friends. His firm and benevolent administration of his duties as magistrate, his cheerful readiness in giving advice to all who sought and appealed to his judgment, his liberal nature, and his high sense of honour, secured to him the esteem of all who came in contact with him. 'Perhaps the most distinguishing feature of his mind was its manly independence and liberality; to this was added a ready playfulness of manner which will never be forgotten by the many personal friends he has left to regret him. Without an atom of cant, there was a deep seriousness about his character, which impressed those who knew him intimately as an unusual quality to be combined with so much genial wit and quiet humour. He was never so happy as when aiding his fellow-creatures, and many who are left bear testimony to his disinterestedness and to his warmth of heart. To the distressed he was ever ready to afford relief, and numbers will have to lament the loss of a generous and cheerful benefactor. He married, on the 24th April 1834, Anne Elizabeth, youngest daughter of Richard Preston, Esq., by whom (who survives him) he leaves eight children; to them his loss must be irreparable. His eldest son Denzil, a lieutenant in her Majesty's 75th Foot, is now serving with his regiment in India. His second son Hugh St. Clair, is a midshipman on board her Majesty's ship James Walt. Mr. Hammill died very suddenly at his residence, 34, Sussex-gardens, Hyde-park, on the 30th July 1860. On the morning of that day he sat at Marylebone Police-court and disposed of several charges, but not feeling well he was obliged to return home. No alarm was felt respecting his illness; but ere the afternoon had closed, to the inexpressible grief of his family, he suddenly expired of disease of the heart. He was buried at Kensal-green Cemetery on the 4th Aug., amidst the tears and regrets of the poor, to whom his charity and benevolence had much endeared him. H. J. FOX, ESQ. The late Henry John Fox, Esq., solicitor, who died at Graham's Town, South Africa, on the 22nd June last, was the eldest son of Luther Owen Fox, Esq., of Broughton, near Stockbridge, Hants, M. D. of St. Andrew's, Fellow of the Royal College of Surgeons of England, licentiate of the Royal College of Physicians, Edinburgh, by Mary Catherine Harries, only daughter of William Tilbury, Esq., of London, and niece of the Rev. James Lloyd Harries, M. A., of Merton College, Oxford. This family of Fox is descended from the Foxes of East Dean and Farley, Wilts, from whence sprang Sir Stephen Fox, the founder of the Houses of Ilchester and Holland. The deceased H. J. Fox was born at Broughton, on the 10th Jan. 1834, and was educated at St. Paul's School, Southsea, Hants. He was articled to J. Bowen May, Esq., solicitor of Queen's-square, London, but, owing to failing health, he was transferred for the completion of his articles to Mr. Barton, solicitor, of Windsor, Berks. On leaving Windsor, the deceased was recommended to try the milder climate of Madeira, for which place he sailed from Southampton in Nov. 1854, in company with several consumptive invalids on the same errand. For a time the symptoms of phthisis were arrested, and he returned to England, after an absence of nine months, looking much improved. of Deceased and the Rev. J. P. Warburton, Inspector Schools, were the last survivors of those who left England a few months previously. Mr. Fox's health again becoming affected by the climate of England, he determined on going to the Cape, and reached Algoa Bay early in the year 1856. Proceeding to Graham's Town, he undertook to assist Mr. Stone, attorney of that place, in his practice, and was upon this admitted at Cape Town as an attorney and notary public. While with Mr. Stone, Mr. Fox undertook the business on circuit, acting (as attorneys do in that colony) as advocate. Being desirous of practising on his own account, he removed to Queen's Town, where as usual he made many friends, and would have secured a good practice had his life been prolonged. Just before his death he was about to be appointed clerk of the peace, the Legislative Assembly having voted 2007. per annum for that office. The following extract from the Anglo-African and Frontier Times will give our readers some idea of the respect in which deceased was held in the colony:"We record with sorrowful regret the death of Mr. H. J. Fox, solicitor, formerly of this city, but lately of Queen's Town, which took place here under most painful circumstances last week. He had been elected by the Episcopal congregation of Queen's Town, to represent them in the Synod, now sitting in Graham's Town, and being desirous of performing the duties of lay delegate, regardless of his own interests and inconvenience, he left his residence in an open cart for that purpose. He had unfortunately been afflicted, whilst studying for the law in England, with disease of the lungs-and had settled in our genial climate, hoping to recover. But the hope was fruitless. The journey which he undertook in the service of the church to whose communion he was attached, accelerated the progress of disease, and laid him, on his arrival in Graham's Town, on a bed of sickness, which to him, alas! proved a bed of death. Under any circumstances, his life could but for a space have been prolonged-and his journey in the Church's service simply hastened, but did not occasion, his death. Few deaths have caused more general regret on this frontier than his. He possessed a most amiable character: He had a cultivated mind-a taste for literature. He was an excellent writer. Whenever he spoke in court or in a literary society, he expressed his sentiments clearly and without diffuseness in well-chosen words. He was a valuable member of society as a friend and companion. As a professional man his knowledge was extensive; his judgment acute-and his clients could fully rely upon his advice and faithfully upon his integrity. With such claims as these to public | esteem and respect, we are justified in saying d his loss is not only a private but a public les i leaves a young widow and one child, with wh sad and sudden bereavement the public de sympathise-more especially as, without the co tion of seeing them, he breathed his last. H conscious and even quite collected to the ins moment of his life; he minutely arranged his wardy affairs, and then surrendered his mild and g spirit into the hands of his Maker with meekem azi resignation; in a word he died as a Christian oog to die. The Lord Bishop of the diocese announced t death to the assembled synod in terms of deep regre and it was at once resolved, at his suggestion the members should attend his funeral, as a token d respect to the memory of the lamented deccase. His remains were conveyed to their last restog place early on Sunday morning, his lordship hime officiating on the mournful occasion; the funeral tras consisting of the members, lay and clerical, of synod, and of a large number of friends and moun whose privilege it is to appreciate intellectual attac ments, professional integrity, private worth and Christian excellence." The Anglo African, a pape published at Graham's Town, Cape of Good Hope an article on the meeting of the Synod of the disces says:-" One thing has cast a gloom over the whe synod, the sudden death of one of the lay represe tives, Mr. Fox, from Queen's Town. Though be ha been in a delicate state of health for some time, his death was hastened by a cold caught on s journey to Graham's Town, in the service be ha undertaken for the church. His remains were i terred on Sunday morning, the bishop officia Not only did a large number of the inhabitants test their regard for the deceased by following him to the grave, but the whole synod in a body, and theres representatives of every part of this diocese, united a the last tribute of respect." The deceased married, in 1858, Ellen Southall, stedaughter of James Tilbury, Esq., of Alexandru, by whom he has left issue one child. PROMOTIONS, APPOINTMENTS, ETC. [Clerks of the Peace for Counties, Cities and Boroughs, will fin regularly forwarding the names and addresses of all new Japana that may qualify.] The Lord Chancellor has appointed Francis Day Palmby, Esq., of Swaffham Prior, in the county d Cambridge, gentleman, to be a commissioter administer oaths in the High Court of Chancery England. JOURNAL OF AUCTIONS, ESTATES AND INVESTMENTS. VALUE OF PROPERTY AT SOUTHEND.-On Saturday Messrs. Tett and Wagstaff, auctioneers, of Orchard-ster Portman-square, offered for sale, at the Royal Hotel S end, a copyhold messuage, known as Ivy-house, standing G the Marine-parade at the above-named improving water place. The property, which is let at 404 per ann, a after some competition, knocked down to Mr. Scott, bad of Southend, for 7207 Exchequer Bills, 1000., 13d 3sb .... 964 964 9096g 96 96 96, 92 220 219 221 22 3sb a a 44 :“ས་ Do. do. 5001., 1 d. Do. do. Small 1d. Exchequer Bills, 1859, 34 per Cent India 5 Cents. 103 1033 103 1034 193 India Bonds, enfaced paper, 5 96 96 96 96 Cent. India Bonds, enfaced paper, 51| 1 Cent. 1024 1023 102 189 India 5 Cent. for Account Ann. (30 yrs) exp. Jan. 5, 1880 India enfaced paper, 4 Cent. 80 80 Ann. 30 yrs. exp. April 5, 1885) New 24 Cent. Annuities.... New 3 Cent. Annuities.... OCT. 20, 1860.] LAWRANCE, WALTER, cowkeeper, Budock, Cornwall, Nov. 7, at MORGAN, HENRY EDGAR, confectioner, Oxford, Oct. 26, at half-past MOSES, MOSES, merchant, Devonshire-square, Oct. 31, at half-past Gazette, Oct. 19. BAYNHAM, WALTER, grocer and teadealer, Hounslow, Oct. 30, at DOYLE, PETER, sailmaker, 74, Wapping-wall, Nov. 1 and Dec. 3, at GILYARD, WILLIAM, and BROWN, SAMUEL, machine wool combers, Sols. HARRIS, WILLIAM HENRY, mantle manufacturer, 4, Sidney-place, LIDDELL, JOHN, butcher, Dyke Nook and Berry Edge, Durham, Oct. BANKRUPTCIES ANNULLED. MULLER, MARKS LEOPOLD, watch manufacturer, 9, Aldermanbury Dividends. BANKRUPTS' ESTATES. Oficial Assignees are given, to whom apply for the Proctor, R. first, 17s. 6d. Morgan, Liverpool.-Waite, A. clothier and draper, first, ls. Baker, Newcastle. INSOLVENTS' ESTATES. Blackett, H. grocer and provision dealer, 24d. Apply at the County Court, Sunderland.-Davison, T. upholsterer and cabinet-maker, 341d Apply at the County Court, Sunderland.-Joseph, N. clock and watch maker, Is. 114d. Apply at the County Court, Sunderland.Parker, A. grocer, 344 Apply at the County Court, Sunderland.Apply to T. Goodwin, solicitor, Maidstone. Ranley, J. 2s. 2d. Assignments for the Benefit of Creditors. Gazette, Oct. 9. Bancroft, C. tailor and draper, Nottingham, Sept. 15. Trusts. J. Royle, warehouseman, Manchester, E. K. Holroyd and G. Orton, Sols. Mesars. Thorpe, Nottingwoollendrapers, both of Nottingham. ham-Franks, C. plumber and glazier, Bradford, Sept. 12. Trusts. J. B. Laurence, ironmonger, and T. Smith, woolsorter, both of Bradford. Bol. Hutchinson, Bradford-Kendrick, H. iron merchant, Willenhall, Oct. 2. Trust. G. L. Underhill, iron merchant, Wolverhampton. Sols. Sol. Messrs. Underhill, Wolverhampton.-McKenna, O. F. coal dealer, Liverpool, Oct. 4. Trust. R. Parry, coal merchant, Liverpool. Yates, jun. Liverpool.-McLiver, W. K. draper, Stonehouse, Oct. 2. Trusts. A. Carmichael, draper, Exeter, and T. Randle, saddler, Stone. house. Sol. Fowler, Plymouth.-Rand, J. teadealer and grocer, Scarborough, Sept. 13. Trusts. R. Warin, Little Tower-street, and W. Sol. Mathews, LeadenhallReed, Rood-lane, wholesale grocers. street-Rawles, B. C. boot and shoe manufacturer, Apollo-buildings, Trusts. M. A. Napier, shoe mercer and leather Walworth, Sept. 14. seller, Lisle-street, Leicester-square, and G. J. Toby, shoe manufacSol. Jameson, Verulam-buildings, turer, High-street, Borough. SOL Gray's-inn.-Searle, T. butcher, late Whittlesey, Isle of Ely, now Trust. W. Searle, jun. tanner, Whittlesey. Ramsey, Oct. 1. Willders, Whittlesey.-Thomas, T. shoemaker, Tongwinlais, Sept. 14. Trusts. E. Waterman, leather merchant, Bristol, and B. Price, leather merchant, Bridgend. Sols. Dalton and Spencer, Cardiff. Gazette, Oct. 12. Trust. J. Adams, R. grocer and tallow chandler, Willenhall, Oct. 8. Sols. Hawksford and Parkes, WolverFroysell, surgeon, Willenhall. Trusts. S. Morley hampton.-Blunn, J. hosier, Leamington, Sept. 14. and R. Munt, both of Wood-street, Cheapside, warehousemen. Sols. Davidson, Bradbury and Hardwick, Weavers-hall, Basinghall-street. -Bramley, J. baker and grocer, Sawley, Oct. 1. Trust. W. Bates, butcher, Sawley. Sol. Shaw, Derby.-Clipson, J. Y. livery stable keeper, White Lion-yard, Putney, and St. Ann's-hill, Wandsworth, Sept. 28. Trust. A. Riddiford, gentleman, Belitha-villas, Barnsbury. Sol. May, Russell-square.-Morrison, J. and R. drapers, formerly Gateshead, now Sunderland, Oct. 4. Trusts. J. Milling, draper, Newcastle, and J. Ellerton, warehouseman, city London. Sols. Hodge and Harle, Newcastle.-Town, R. T. cook, confectioner and restaurauteur, Butcher's-market, Buckingham, and High-street, Oxford, Sept. 15. Trusts. W. Gallard, Greens Norton Mill, Northampton, and J. Treadwell, Radclive-cum-Chackmore, millers. Sol. Small, Buckingham. half-past eleven, Kettering.-Chilcott, J. H. auctioneer, public-house Gazette, Oct. 12. Baker, W. tinman, brazier and ironmonger, Burnham, Nov. 5, at ESTATES VESTED IN PROVISIONAL ASSIGNEE Airey, J. builder, Leeds; York.-Bainbridge, J. rag, rope and waste BIRTHS, MARRIAGES AND DEATHS. BIRTH. MARRIAGES. HEWETT-BOSWELL-On the 16th inst., at St. George's Church, DEATHS. HARTSHORNE-On the 13th inst., at Brancote, near Stafford, aged 73, HEYES. On the 16th inst., at Prescot, Lancashire, aged 26, Edward PALEY.-On the 9th inst., at Harrogate, aged 86, J. G. Paley, Esq., of STORY. On the 9th inst, at his residence, in Bedford-square, aged 46, TRINDER. On the 11th inst., George Edward, youngest son of the late WILLIAMS-On the 7th inst., at Plymouth, aged 66, Eliza, relict of H Legal Notices. 359 ELSTON BOROUGH SESSIONS.NOTICE IS HEREBY GIVEN that the GENERAL QUARTER SESSIONS of the PEACE for the Borough of Helston, in the county of Cornwall, will be holden before EDWARD WILLIAM COX, Esq., Recorder of the said Borough, at the Town-hall of and in the Borough aforesaid, on THURSDAY, the 25th day of OCTOBER next, at Ten o'clock in the morning, at which time and place all jurors. constables, police-officers, persons bound by recognisances, and others having business at the said sessions, are required to attend. ARUNDEL ROGERS, Clerk of the Peace. Dated 4th day of October 1800. BOROUGH of FALMOUTH.-NOTICE IS HEREBY GIVEN that the next SEPARATE COURT of QUARTER SESSIONS of the Peace, in and for the Borough of Falmouth, will be holden at the Guildhall there, before EDWARD WILLIAM COX, Esq., Recorder of the said Borough, or his sufficient Deputy, on MONDAY, the 29th day of OCTOBER instant, at Ten o'clock in the foreW. J. GENN, Clerk of the Peace. Dated 4th day of October 1860. noon. THE VICE-CHANCELLOR WOOD at panies Winding-up Acts 1848 and 1849, and of the JointStock Companies Winding-up Amendment Act 1857, and the TREVALGA SLATE COMPANY.-By direction of the ViceChancellor Sir William Page Wood, the judge to whose court this matter is attached, NOTICE IS HEREBY GIVEN, that the said judge will proceed on MONDAY, the 5th day of NOVEMBER 1860, at Twelve o'clock at noon, at his Chambers, No. 11, New-square, Lincoln's-inn, London, to SETTLE the LIST of CONTRIBUTORIES of this Company, and that after such list shall have been settled, no party affected thereby will be allowed to dispute the same without leave of the High Court of Chancery first obtained. Dated this 2nd day of August 1860. HENRY LEMAN, Chief Clerk. FREDERICK WHINNEY, 5, Serle-street, Lincoln's-inn, Official Manager. GREVILLE and TUCKER, 28, St. Swithin's-lane, City, Solicitor. LAW STUDENTS' DEBATING SOCIETY, at the LAW INSTITUTION, CHANCERY- For Tuesday, October 30, 1860. Mr. PRICHARD will move "That the practice of members present at a meeting of the Society putting down the names of friends who are absent be discontinued, and that those only who have sent written notice to the Secretary of their intention of being absent be not fined." 256. Can a lessor maintain an action of debt against an assignee of part of the land to recover rent issuing out of the whole of it? Curtis v. Spitty, 1 Hodges, 153; 1 Bing. N.C. 156; Mercer v. Dawson, 5 B. & C. 479. Affirmative-Mr. MARCHANT and Mr. COOKE. LXXXIX-Ought the European powers to interfere in the For Tuesday, November 13, 1860. 257. Can a mortgagee recover, under his security, advances Affirmative-Mr. LAWRANCE and Mr. HEWLETT. 258. Do the provisions of the Thellusson Act (39 & 40 Geo. 3, c. 98), apply in a case where a direction to accumulate is implied, or takes place by operation of law? Macdonald v. Bryce, 5 L. J. Ch. 173; Elbourne v. Goode, 14 Sim. 175. Affirmative-Mr. MOORSOм and Mr. G. ALLEN. Negative-Mr. PLASKITT and Mr. F. H. GREEN. Gentlemen are requested to send in questions for discussion. -Members requiring books from the Library are requested to apply for them at five minutes before seven o'clock on the evenings of debate. Copies of the Rules, and all requisite information, will be furnished by the Secretary, with whom gentlemen desirous of becoming members are requested to communicate. GEO. L. WINGATE, Secretary, 9, Copthall-court, E. C. THE NEW PRACTICE of the COMMON LAW. By JAS. PATERSON, J. MARSHALL and N. MACNAMARA, Esqrs., Barristers-at-Law. In 2 vols., 12mo., price 21s. 6d. N.B. This is esteemed by the Profession the most useful Practice of the Common Law yet published. It gives all the forms and precedents in their proper places in the text, so that they are instantly found by the Practitioner, and the Law Student has the advantage of learning the law and the practical procedure at the same time. LAW TIMES Office, 10, Wellington-street, Strand, LAW TIMES Office, 10, Wellington-street, Strand. VANS'S LAW DIGEST. Part IV. Vol. 2, N.S., Part XXX., O.S., contains all the Cases last so arranged that practitioner may a moment the latest law on any subject on which he may be engaged. By D. T. EVANS, Esq., Barrister-at-Law. Price 8s. 6d. boards. THE MONTHLY LAW REPORTER for decided by all the Courts during the half-year ending in 1, containing full Reports of all the Courts the most complete and extensive series published in Englandis now ready. Price only 48. Its size is svo., convenient for the bag and library. The back parts may still be had. On the 1st of each month. CROCKFORD, 10, Wellington-street, Strand, W.C. This day is published, in 8vo., price 2s. 6d., CARPMAEL'S LAW of PATENTS.— Sixth edition.-The Law of Patents for Inventions familiarly explained for the use of Inventors and Patentees. By WILLIAM CARPMAEL, Esq., Member of the Hon. 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CROCKFORD, 10, Wellington-street, Strand; STEVENS and THE REFRESHMENT HOUSES and WINE LICENCES ACT (23 Vict. c. 27), together with an Analysis and Summary of the Statute, and copious Index. By T. W. SAUNDERS, Esq., Barrister-at-Law, Recorder of Dartmouth, Author of "The New Practice of Magistrates' Courts," the "Militia Acts," &c., &c. Price 2s. sewn, 2s. 6d. cloth. A copy sent by return of post to any person inclosing 26 postage stamps. Sold also by all Booksellers. LAW TIMES Office, 10, Wellington-street, Strand. Now ready, price 5s. cloth boards, HANDY BOOK of ECCLESIASTICAL LAW. By GEORGE ROGERS HARDING, Esq., of Lincoln's-inn. Parts I. to III. 10. Monuments and Ornaments. Churchyards and Burial-grounds. 12. LAW TIMES Office, 10, Wellington-street. Strand. W C. STEPHEN on PLEADING.—Sixth Edition, 1860. A Treatise on the Principles of Pleading in Civil Actions; comprising a Summary Account of the whole Proceedings in a Suit at Law; being a Sixth Edition of Mr. Serjeant Stephen's work under that title, with Alterations adapting it to the Present System. By JAMES STEPHEN and FRANCIS F. PINDER, Barristers-at-Law. V. and R. STEVENS and SONS, H. SWEET, and W. MAXWELL. Just published, Part 1, of REPORTS of COUNTY COURTS CASES and APPEALS in all the Superior Courts, and in the County Courts, the judgments being supplied by the judges. Price 48. To be continued quarterly. N.B. This part contains full reports of thirty-two decisions of the Superior Courts, and of twenty-three important cases decided in the County Courts. LAW TIMES Office, 10, Wellington-street, Strand. Just published, THE LAW of COSTS, with all the Decided Cases to this time, and TABLES of COSTS in various Proceedings at Common Law and in other Cases. By WALKER MARSHALL, Esq., Barrister-at-Law, one of the Authors of Paterson, Macnamara and Marshall's New Practice of the Common Law." In one thick volume, price 21s. boards: 24s. half-bound. LAW TIMES Office, 10, Wellington-street, Strand. THE COUNTY COURTS CHRONICLE publishes the REPORTS in 8vo., to bind in a convenient volume for use in the Courts. The Contents of the Number for OCTOBER 1 are: COUNTY COURTS JOURNAL. Commitments on judgment-summonses; debts, and their recovery; cost of the courts; notes on recent decisions; new rules of the Sheriff's Court; new statutes; correspondence; County Courts intelligence. REPORTS of thirteen cases in the Superior Courts, and the judgments in five cases in the County Courts. N.B.-The COUNTY COURTS CHRONICLE is the authorised journal of the County Courts; and is supplied by order of the Government to all the judges. Monthly, price 1s. 6d. Office, 10, Wellington-street, Strand. all the changes made by the Probate Act, and all the decided cases to this time. The plan of this work is to instruct the Solicitor what he is to do, from the receipt of instructions for a will, down to the final distribution of the estate, with precedents of wills and all the forms, &c. By GEORGE S. ALLNUTT, Esq., Barrister-at-Law. Price, 21s. cloth; 24s. half-bound; 258. bound. The following is a summary of The Church Building Acts and Ecclesiastical Commissioners. Presentations. Examinations. 15. Admission, Institution and Induction. Requisites after Induction. 16. HE LIFE ASSOCIATION of SCOTLAND (founded 1838) is now issuing Life Assar. ance Policies, free of restrictions and conditions-not able to any charge for extra premiums-and virtually nonforfel and unquestionable. The Policy-holders can also withdraw fixed proportion of their payments either as a loan or for the surrender of the policies. Explanatory Pamphlets of this new system will be furnished on application. A Medical Officer in attendance daily at twelve o'clock. SCOTTISH PROVINCIAL FIRE and ASSURANCE COMPANY. Incorporated by Special Act of Parliament. Established 1825. Capital, 1,000,000 Governor-The Right Hon. Lord Forbes. Chairman of the London Board-James Anderson, Esq. (Messrs. James Thomson and Co.), 6, Bliliter-square. The DIRECTORS HEREBY GIVE NOTICE, that their FIRE POLICIES are held to be IN FORCE for the FIFTEEN DAYS' GRACE, in like manner as their le Policies are in force for the thirty days' grace; and the Direc tors consider the office bound to accept the premium in either case, although a fire may have occurred, or the death may have taken place during the said days of grace, except in cases where fire risks have been transferred to other offices By order, THOMAS YUILLE WARDROP, Secretary, London, 20, Cannon-street, Oct. 13. AW PROPERTY & LIFE ASSURANCE FINAL NOTICE-BONUS YEAR. SIXTH DIVISION OF PROFITS. All Policies effected before 15th November next will partici pate in the Division of Profits to be made at that date, cal secure a year's additional Bonus over later entrants at subsequent Divisions. THE STANDARD WAS ESTABLISHED IN 1825. The first Division of Profits took place in 1835; and subsequent Divisions have been made in 1840, 1843, 1850, and 1535 The profits to be divided in 1860 will be those which have accumulated since 1855. Accumulated Fund......................................................... £1,684,598 2 10 Annual Revenue...... 282,231 13 5 The new Assurances effected during the last ten years alone amount to upwards of Five Millions sterling. WILL. THOS. THOMSON, Manager. H. JONES WILLIAMS, Resident Secretary, The Company's Medical Officer attends at the London Office daily at half-past One. London........... Edinburgh...... Dublin.... 82, King William-street. 3, George-street (Head Offlee.) 66, Upper Sackville-street. BASS'S EAST INDIA PALE ALE The October Brewings are arriving from Burton in fi condition, in casks of eighteen gallons and upwards-BERRY BROS. and Co., 3, St. James-street, S. W. EA AU-DE-VIE.-This Pure Pale Brandy, though only 18s, per gallon, is demonstrated, up analysis, to be peculiarly free from acidity, and very superkr to recent importations of veritable Cognac. In French bottles, 38s. per doz., or securely packed in a case for the country, LL -HENRY BRETT and Co., Old Furnival's Distillery, HOSIER to her MAJESTY and the Holborn. To be obtained only at their distillery. PRINCESS ROYAL.-WILLIAM REID, Sans Pli Shirt Maker and Outfitter.-Reid's Sans Pli Shirts, Six for 38s. These shirts are so celebrated for their excellence of fit, durability and comfort, as to need no remark. One trial will convince, and ensure continued confidence. Self-measurement in inches round the neck, chest and waist, length of sleeve from centre of back to knuckles. To be obtained at WILLIAM REID's Outfitting Establishment, 51, Conduit-street, Regent-street, London, W. Patronised by the GovernorGeneral of India and the Governor of Bombay. LONSDALE'S Hosiery Business removed from 179, Regentstreet, to 51, Conduit-street, W. GENTLEMEN. - Mr. MILES TO shed 18th February 5. Of Limited Administration. 6. Revocation of Letters of Administration. BOOK IV.-WINDING-UP THE ESTATE. 1. What passes to the Personal Representative. 2. Of Chattels Real. 3. Of Chattels Personal. 4. Of Choses in Action. 5. What an Executor may do before Probate. 6. Stamp Duties on Probate and Letters of Administration. 7. Of Collecting the Effects. 8. Funeral Expenses. 9. Of Payment of Debts. 10. Of the Right of Retainer. 6. Evidence necessary for 11. On Assets. Probate. 7. On Citations. 8. Of Caveats and Appeals. BOOK III.-LETTERS OF ADMINISTRATION. 1. Origin of Administration. 12. On Marshalling Assets. 14. Payment of Legacies. 16. On Succession Duties. 2. To whom Letters of Ad- 18. Distribution granted. will be 3. The Administration Bond Statute. 19. Distribution by Custom. APPENDIX. and the Mode of Granting Wills Act-Probate Acts- 4. Of Special Administration. LAW TIMES Office, 10, Wellington-street, Strand. Originator of the WORLD-FAMED TROUSERS, at 16s. per pair, has the pleasure to inform thirty thousand customers that his stock for the forthcoming Winter is now replete with all the new and best designs for Over-coats, Morning and Travelling Suits, Vests, and Trousers, at prices as heretofore. Gentlemen who have not already favoured this establishment with their interest and support are most respectfully informed it is distinguished not only by the extent, variety and quality of its patterns and materials, but it excels in the cut and workmanship. CAUTION-Mr. Miles is not connected with any person imitating and advertising in the same name; his only address is 73, Brook-street, Hanover-square, and he has no other establishment in London or elsewhere. IMPORTANT to PROFESSIONAL GENTLEMEN.-A good fitting pair of TROUSERS is the most comfortable garment any gentleman can possess. The garment which is put on first and the last taken off is generally the worst fitting and the most uncomfortable. Gentlemen who will trouble themselves to go a few steps out of the way will find the best material and first-rate workmanship at a moderate price for cash. "Professional Gentlemen and others who take riding exercise, or those who are corpulent, will find Elstob's Riding Trousers, Belts and Drawers the most comfortable garments that can be had, no matter who the maker is, or the price paid for them."-F. Taylor, Esq., Author of "The Horse and his Rider.' "" Hunting and Racing Costume Gentlemen waited on before 10 and after 5. Address W. ELSTOB, 12. Avery-row, Brook-street, New Bond-street, London. Elstob's Belt and Drawers are made complete for 21s. "They are in every respect what others made at larger houses are represented to be."-John Murray Dickson, Ramsgate. KINAHAN'S L L. WHISKY V. COGNAC BRANDY.-This celebrated old Irish Whis key rivals the finest French Brandy. It is pure, mild, melles, delicious, and very wholesome. Sold in bottles at & &death at most of the respectable retail houses in London, by the appointed agents in the principal towns in England; or wholesale, at 8, Great Windmill-street, Haymarket.-Observe the red seal, pink label, and cork branded" Kinahan's LL Whisky." THE WINES OF FRANCE AT THE REDUCED DUTY. BARTON and GUESTIER'S celebrated CLARETS (in one-dozen Cases). Médoc, 1854, 30s.; St. Julien, 44s.; Chateau de Beychevelle, 56s.; Langoa, 84s.; Léoville, 92s.; Latour, 100s.; Lango, 1851, 788.; Léoville, 86s.; Latour, 943. NEW PALACE OF WESTMINSTER STORES, 11, Bridge-street, two doors from Parliament-street. The following Wines have all been matured in the cellars of the well-known firm of Sandeman and Co., and are confidently recommended for immediate consumption: Pale Sherry, 248., 28s., 328., 368., 40s, and 488. Golden Sherry, 26s. 30s., 35s., 428. and 548. Good Port, 298. to 358.; fine Port 40s. to 468. Very old and curious, 528. to 64s. Terms cash. Post-office orders to be made payable to FRANCIS ELAND, Proprietor; cheques to be crossed Messrs Hopkinson and Co., Bankers, Regent-street. NEW PALACE OF WESTMINSTER STORES, 11, Bridge-street, two doors from Parliament-street. To Readers and Correspondents. WEDMORE-The lease was not valid, consequently A. is only & tenant from year to year, and is bound to quit on proper notice. Unless so specially agreed, or it be the custom of the country, B. cannot claim the dung. -The letter is too long and the subject is, for the present, exhausted. Mr. Blundell's letter is inadmissible. All communications must be authenticated with the name but as a guarantee for good faith. All anonymous communications are invariably rejected. The great and urgent importance to every solicitor of the Trustees and Mortgagees Act, has induced Mr. LANGLEY to give his reading of it precedence over the continuation of the reading of Lord Sr. LEONARDS' Act. THE LEGAL YEAR. NEXT Friday is the Lawyers' New Year's Day. The legal year is conveniently counted from the and address of the writer, not necessarily for publication, first day of Michaelmas Term, when the courts resume their work after the refreshment of the vacation. Then, once more, the round of toil begins-not unwelcome, provided it be remunerawith those who are in the tide of business, until another autumn brings another vacation to their DIARY OF SALES BY AUCTION DURING tive. Then there is little rest for mind or body THE NEXT WEEK. Freehold farm and buildings called the "Pant," at Guils field, Montgomeryshire, by Messrs. Hill and Son, at the Royal Oak Hotel, Welshpool. Advertised this day. The 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. Back numbers of the New Series of the Reports are kept on sale, to complete sets. The REPORTS will be uniformly and strongly bound at the office for 4s. The volumes of the LAW TIMES for 5s. 6d. A 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 3s. 10d. in postage-stamps-viz., 31. 6d. for the portfolio and 4d for the postage. It is made so 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. rescue. THE "LAW TIMES" REPORTS. These Reports are published also in Monthly Parts, for the use of the Courts, the Colonies, &c. Price 48. Part I. was issued on Dec. 1. The part for October 1 is now ready. The cases relating to Magistrates, Municipal and Parish Law are collected and issued separately for the use of Magistrates' Courts, edited, with Notes, &c., by Edward W. Cox, Esq., Editor of "Cox's Criminal Law Cases." A part will be published at the close of each term. Part IV. is just pub-pacity, several detachments of the whole subject, lished, price 4s. Parts I. to III. may still be had. The above will be sent to the subscribers by post (paid). Persons desirous of being supplied with the above series are requested to send their names to the office. TO READERS. Evans's LAW DIGEST will in future be published on the 1st of November and 1st of May, for the convenience of the readers of the LAW TIMES who may desire to bind the half-year's Digest with the half-year's volume of Reports, to which it ill be in effect an extended Index; thus the volume will comprise all the law of the half-year. Evans's LAW DIGEST contains all the cases reported and statutes enacted during the half-year, enabling the practi tioner to find in a moment the latest law on any subject. Readers desirous of having the Digest, are requested so to notify to the Office, that the printer may know the number that will be required. The next part will be issued on November 1, so as to bind with the second volume of the Reports. SCALE OF CHARGES FOR ADVERTISEMENTS. 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 more than the above scale. Advertisements should reach the Office not later than six O'clock on Friday. THE Law and the Lawyers. READINGS OF THE NEW STATUTES. A READING of the Common Law and Equity Act, by Mr. JAMES PATERSON, one of the authors of that highly esteemed work, Paterson, Marshall and Macnamara's New Practice of the Common Law, will be commenced next week. The New Stamp Acts having caused the utmost confusion, a new table of stamps, according to he existing law, is in preparation, and will be ublished in these pages. The Index to vol. 2 of the LAW TIMES Report -ill be published on Saturday next. VOL. XXXV.-No. 917. suggested. The change in the shape of the Reports, commenced at the opening of the last legal year, has been received with universal approbation, and no efforts will be spared to make them still more worthy of the estimation they have won. In speed, combined with accuracy, they are now unequalled, and in number and variety these Reports far exceed any other English series, while their convenient size and half-yearly volumes peculiarly adapt them for use in the courts as well as for the study. Experience having taught us the wants and tastes of the Profession, the constant care of the Law TIMES will be to cater for them by the introduction of whatever may appear to be most useful, and by the omission of whatever may prove upon trial to be valueless. Our aim is to be the journal of the practitioner, supplying to him all that he wants for daily use in his profession. We leave theoretical law and abstruse essays on unpractical legal lore to contemporaries who have more space for it. Our ambition is still limited to being useful to the practising and practical lawyer. Ornamental law must continue to be sought elsewhere. A READING AND OTHERS CERTAIN POWERS NOW COMMONLY INSERTED IN SETTLEMENTS, MORTGAGES AND WILLS. 23 & 24 VICT. c. 145 (28th Aug. 1860). By ALBERT G. LANGLEY, Esq., Barrister-at-Law. (Continued from p. 354.) THIS Act is drawn in so loose and popular a style, as to suggest to the reader that he must be perusing one of the "Handy Books" published of late, instead of the exact definition and careful exclusion of all conclusion but that intended, which is to be expected in a statute. The Act of 13 & 14 Vict. c. 21, for shortening the language of Acts of Parliament, does not appear to have been had in view. By that Act the word "land" in an Act of Parliament includes messuages, tenements and hereditaments, houses and buildings, of any tenure, unless where there are words to exclude houses and buildings, or to restrict the meaning to tenements of any tenure. Now what is the meaning of the word "property" in sect. 11? The mortgagee is to have power to sell, or "concur with any other person in selling, the whole or any part of the property." Does the word mean the hereditaments charged, or only the mortgagee's interest therein ? The mortgagee is to have power to insure against loss or damage by fire, the whole or any part of the property, whether affixed to the freehold or not. The section applies to hereditaments of any "tenure." Now the word "hereditaments" only signifies whatever may be inherited, be it corporeal or incorporeal, real or personal, or mixed: (Co. Litt. 6 a.) The new legal year will open with some changes in the law, more or less affecting all practitioners. The Trustees and Mortgagees Act will impose a double duty on them. On the one hand, it enables the solicitor to draw a very short mortgage or will, where the property is of small value and cost is a serious consideration; but, on the other hand, it will demand the exercise of a prudent discretion as to the adoption or express exclusion of the Act, where its dangers or troubles are likely to exceed its advantages. The OF THE ACT TO GIVE TO TRUSTEES, MORTGAGEES Act, called by a curious misnomer "The Common Law and Equity Act," introduces many minor changes in the practice of the common law, of which it behoves the practitioner to take careful note. The Petition of Right Act is of small practical importance. The new Stamp Acts are calculated to puzzle the solicitors not a little, and we purpose, therefore, to assist them in their references by a table, now in preparation, which will show the stamps as they are now actually in force. The working of the Attorneys and Solicitors Act will be anxiously watched by one branch of the profession, for the use made of its provisions by the judges will determine the future status of the whole body of solicitors. Rightly exercised, it will raise them vastly in social position; if neglected, its power for ill, which does not depend on any external permission, may be most disastrous in its consequences. The coming legal year will doubtless witness renewed attempts to reform the Law of Bankruptcy, and to revive the ruinous scheme for the Registration of Titles. The former has, we fear, small chance of success, unless its able author will consent to substitute for a comprehensive measure, much too large for parliamentary caeach complete in itself, so far as it goes, and competent to work by itself, but to which the other portions may be appended as they become law. As for the Registration of Titles, it will certainly be again prompted by the league of London houses, who alone will profit by it; and we hope that the same counter-leagues of the country solicitors, whom it will ruin, will again confront it with the same power of argument and with the same successful result. Luckily the solicitors in the provinces have learned one lesson-to rely upon themselves alone, and to put no faith in any association led by those whose interests are wholly opposed to theirs. When the struggle for existence comes, they will not be found wanting. No changes are announced in the courts. It seems that on the first day of term we are to meet the self-same judges from whom we parted at the close of last term. It is with pleasure we can report of all of them continued health and strength. The LORD CHANCELLOR is as vigorous in mind and body as he was twenty years ago. The LORD CHIEF JUSTICE looks all the better for the vacation. Chief Justice ERLE never was ill, and therefore cannot be better than he was. As for the CHIEF BARON, he is just as we remember him twenty-five years ago. The ATTORNEYGENERAL bides his time cheerfully, and will yet fight some of his vigorous battles in the House of Commons before he is transferred to the woolsack. What changes shall we, or somebody recording the history of the Law and the Lawyers in our stead, be required to record before the close of the year now opening ?-What? For ourselves we may say, that as we have been so we shall be-consulting ever and only how best to promote the well-being of the Profession to which we are devoted by the personal attachment of eighteen years of faithful service, for so long have been the labours of the LAW TIMES. Through all that time it has been our endeavour to keep pace with the requirements of the reader, and to adopt readily whatever improvements have suggested themselves or been But the only hereditaments that can be insurable are heirlooms and things of that nature. But are such hereditaments capable of tenure? It should seem not; as they are capable of being disconnected from the freehold by the person who has an absolute power of disposition over the land; and as for deeds, the offices do not insure them. But if the word "property" means the mortgagor's estate in the hereditaments chargedthe interest comprised in the security-why need any one else concur in selling that? If several tenants in common, or if the owners of different pieces of land, concur in a mortgage, must not each of them receive a notice? The Act mentions "hereditaments" of any tenure. A personal annuity descendible to the heirs (see Wms. Personal Property, p. 148) is a hereditament, but not of any tenure. Does the definition include hereditaments corporeal or incorporeal ? Sect. 13, in speaking of the word "property " with respect to them, declares that a notice may be affixed on a conspicuous part of such a property. Such provision would be inapplicable to a mortgage of a rentcharge or of lay tithes. The conferring a right to a receiver on any omission to pay a premium of insurance, seems to be quite new, and the notion of attaching such a remedy to such a default appears rather incongruous. The appointment of a receiver has hitherto been deemed an appropriate remedy where the interest has become in arrear, and generally not under any other circumstances. In deeds appointing a receiver, it is usually provided that he shall not act until the interest has been six months in arrear. But to take the rents and |