liability of owner of a bull for damage by, Creditor's Suit- Arbitration- award, 160 Attorney and Solicitor- forged writ of summons, 75; purchase of warrant of attorney, when void against, 90; construction of sec. 198, 100; sea- Bill of Exchange-- pleading issuably on, 95; agreement be- Bridges- liability of for land tax, 144 Calle- who may sue, 119 indictment for a conspiracy, 72, 105; al- defect discovered after delivery of goods, Debtor and Creditor- assignment for benefit of creditors, 155 erasure in, effect of, 74; misnomer in, Devise- meaning of term in will, 81 of interested party under Lord Denman's Game Act- Joint Stock Company- action for calls, declaration in, 131; may void against creditors, 90; when a charge jurisdiction of, under Recovery of Tene- distress of farm produce agreed to be Land Tax- liability of bridge tolls for, 144 covenant in, 117; construction of cove- plea of justification, 124, 166; estoppel, 166 liability to poor-rate, 75 jurisdiction of small debt courts, 77 evidence under, 108 liability of lunatic husband, for goods sup. order for costs of maintenance, 74; costs of Magistrate- See Justice of the Peace to Dean of Rochester, 73; to Sessions, allegation of, 91 Master and Servant- rating of, 71; right of action against by of machinery distrained, 96; avowry for commitment for leaving service, form of, Residence, Breach of- 169 of Dean Forest, powers of commissioners in deed, 782 right to redeem after twenty years, 115; voting papers, description on, 71; com- brickburning is, 103 error to reverse practice in, 107 taking property of lunatic criminal, 106 accounts of, 70; what is not, 155 Common Lar-in abatement, 74; puis Equity-parties, 87, 119, 120; misjoinder, Equity-prayer to account, 70; revivor, Common Law-judgment as in case of a infringement of, 131 Settlement-by serving office of clerk of Removal-absence of husband abroad, a Appeal-mandamus to hear, 170 Guardians-election of clerk to, 140 consideration for, 144; what is not, 172 See Poor Sale of Office- covena it for, 107 removal of master of, 73 form of, 91 Sessions, Quarter- costs of mandamus to, 83; affidavit of ser- Settlement- See Poor Shipping- Registry Acts, 161; indorsement on bill of Specific Performance- purchase from client by a solicitor, 87 deed of settlement-appeal from com- 172 construction of, 87, 89, 101, 104, 114, 123, Costs, of former suit, 71; petition dis- Call, on contributories, 117; for debas, Liabilities, for acts of provisional con- A general meeting of the members of this society was held on Monday evening, at their offices, 21, Regent-street; Mr. James Stewart in the chair:The minutes of the previous meeting having been confirmed, the following gentlemen were unanimously elected members of the society:-Messrs. A. Fowler, Datchet; W. P. Urquhart, Castle Pollard; S. C. Denison, barrister, 4, Harcourt-buildings; John Fawcett, barrister, Petteril Bank; Thomas Bates, barrister, 21, Old-square, Lincoln's-inn; and Charles Rocke, solicitor, 36, Old Jewry. Mr. PITT TAYLOUR then read the following report, the second from the special committee on law and equity procedure : 21. In the spring and autumn of each year the judges shall make circuits for the purpose of trying all questions of fact, whether arising in matters of legal or of equitable cognizance. 22. All questions of fact shall be tried in the county specified in the summons, unless a judge, at the instance of either party, on reasonable grounds, shall order the trial to be had in another county. 23. The supreme court shall consist of twenty-eight judges, and shall be divided into seven sections, each consisting of four judges. 24. All questions, whether of law or fact, which arise in each suit, and all interlocutory motions in relation thereto, shall be heard in the first instance before a single judge. 25. The decisions of such judge shall be open to review by the judges of the section to which he belongs, three of such judges to be a quorum. 26. The judge before whom any cause is tried shall, with or without the aid of a jury, as the case may be, and sub On the 12th of May, 1851, the Society for the Amend-ject to the exceptions contained in the next rule, himself ment of the Law adopted, at the suggestion of the committee, the following resolutions: "Resolved, with reference to the separate jurisdiction of law and equity, as recognised in this country, "1. That justice, whether it relate to matters of legal or equitable cognizance, may advantageously be adminis ered by the same tribunal. 2. That where the principles of law conflict with those of equity, the latter shall prevail to the exclusion of the ormer. try all the questions whether of law or of fact which are necessary to be determined, in order finally to adjudicate upon the rights of the parties. 27. The last preceding rule shall be subject to the following exceptions: 1. Where the judge is prevented from adopting this course by death, illness, or other unavoidable accident. tion or questions shall be determined by another judge. 2. Where both parties agree that any particular ques3. Where both parties agree that any particular ques of the report to what sort of cases it peculiarly applied, and that misapprehension might consequently arise on the point. An amendment was, therefore, proposed to the motion for the reception of the report, which had for its object to refer the report back to the committee, in order that they might define more distinctly the cases to which it referred. The amendment was however, withdrawn, and the report was received and ordered to be printed and circulated, and its contents discussed at a subsequent meeting of the society. The society then adjourned. "3. That all litigation, whether it relate to matters of tion or questions shall be referred to any person or per- Do. 30 yrs. (exp. Oct. 10, 1859)| egal or equitable cognizance, may advantageously be subected to the same form of procedure. "4. That the rules of procedure be embodied in a code." The committee now submit to the society the general heads of a code of procedure, by which, in their judgment, he proposed amalgamation of law and equity can be arried out. Many of the following rules are doubtless open to much discussion, and, collectively, they form the nere outline of a system. The committee, however, conider that this outline is amply sufficient to prove that the great legal reform sanctioned by the society has no inuperable obstacles to encounter. GENERAL OUTLINES OF A CODE. 1. The plaintiff shall, in all cases, commence proceedings by issuing a summons, giving notice of the general nature of the cause or causes of action, and specifying the county where the trial is proposed to be had. 2. The pleadings shall be in writing, and shall consist of plaint on one side, and a demurrer or pleas on the other; and if any new matter is set up by such plea, the plaintiff shall be at liberty to demur or reply; and, in the event of is replying, the defendant may demur. 3. No further proceedings shall be allowed on either ide. 4. The plaint, plea, and replication shall respectively specify, in language concise and intelligible to a man of ordinary understanding, the particular fact or facts inended to be relied upon. 5. Any number of separate causes of action, defences, and replies may respectively be included in the same plaint, plea, and replication; but each cause of action, defence, and reply shall be numbered. 6. Where more than one cause of action is included in the plaint, the judge may in his discretion order separate rials. 7. All facts stated in the plaint which are not denied by he plea, and all facts stated in the plea which are not deied by the replication, shall, for the purposes of the trial, be deemed to be admitted, but all new facts stated in the eplication must be proved by the plaintiff. 8. The demurrer shall specify, in language concise and ntelligible to a man of ordinary understanding, the legal oint or points intended to be raised, and no objection in oint of law, other than those specified in the next rule, hall be taken to the plaint, or plea, or replication, exceptig by demurrer. 9. If any pleading violate rules 4 or 8, the opposite arty may take out a summons to set it aside, returnable efore a jud ge, who may thereupon either set it aside or ake such order as to amendment or otherwise as he shall ink fit. 10. When judgment is given for the party demurring, ach judgment shall be final, unless the opposite party can are the defect by amending his pleading; and when judg. ent is given against the party demurring, he shall be at berty to ple ad or reply, or to go to trial on the replicaon, as the case may be. 11. The plaint, plea, and replication shall respectively verified on oath, either by the party himself or by his torney. 12. Each of the parties, on obtaining the leave of the dge, shall be empowered to amend his pleading as often may be necessary, and on such terms as the judge, in 3 discretion, shall think reasonable. 13. At any stage of the proceedings antecedent to the ial, either party may, on shewing to a judge reasonable ounds for the application, obtain an order summoning 's opponent either before a judge or a commissioner to cross-examined vicá voce. 14. At any stage of the proceedings antecedent to the al, either party may, on shewing to a judge reasonable ounds for the application, obtain an order for the proction of documents in the custody or under the control his opponent, in order that they may be examined, coed, or stamped. 15. At any stage of the proceedings the parties may ree upon a specific question or questions, either of law, fact, to be submitted to a court or jury as decisive of e merits of the cause. 16. Parties may be admissible witnesses for themselves, d compellable to give evidence for their opponents. 17. The witnesses shall be subjected to viva voce examition in open court at the trial, excepting in those cases here a commission may now issue in an action at common 18. When witnesses are examined under a commission, eir testimony shall be taken ticâ voce, unless the judge all otherwise direct. 19. All questions of law shall be determined by the dge. 20. All questions of fact shall be determined by the dge, unless either party shall require them to be deterined by a jury. sons as arbitrators. 4. Where both parties agree that any particular matter or matters relating to the suit shall be investigated by any person who shall be authorised to report the result of such investigation to the judge. New 3 Cent. Annuities. Long Annu. (exp. Jan. 5, 1860) Do. 30 yrs. (exp. Jan. 5, 1860) India Bonds (1,000l.) India Stock Do. do. (under 1,000Z.).... South Sea Stock.. Do. do. New Annuities Do. do. 500l. Do. do. Small Do. Advertised 5. Where both parties agree that any particular ques- of the assistance of professional accountants. 29. Masters shall be attached to each of the seven sec- 30. All judgments, decrees, and orders, whether final or interlocutory, which emanate from the Supreme Court, shall be records. 31. The rule as to parties shall continue the same as at present prevails in Equity, subject to the following provisions, viz. : 1. No objection for the nonjoinder of necessary, or the misjoinder of unnecessary parties, shall be taken by demurrer or at the hearing." 2. The judge may, upon the motion of either party made prior to the hearing, add or strike out parties. 3. The judge may, without the application of either party, and at any stage of the proceedings, if it shall appear conducive to the ends of justice, and other parties. 4. Judgments, unless they be what are technically called judgments in rem, shall only bind the parties and their privies respectively. 5. Where trustees sne or are sued, the persons beneficially interested shall not be made parties, unless they have an interest in the suit adverse to that of the trustees, but shall be considered to be represented by the trustees. 32. With respect to all judgments and orders involving the substantial merits of a suit, an appeal shall lie from each of the seven sections to the judges of the other six sections. Seven of such judges to be a quorum. 33. The decision of the Court mentioned in the last preceding rule shall be final, first, where the matter in dispute shall not exceed the value of 1,000l. and next, whatever shall be the value of the matter in dispute, where an unanimous judgment of the Court below shall be unanimously affirmed. On the motion for the reception of the report, a protracted conversation arose, in the course of which Mr. Vansittart Neale, Mr. Goldsmith, and other gentlemen, suggested amendments and amplifications, which they thought would tend to render the report more explicit and complete. The objections urged by Mr. Neale were to the effect that affidavits were excluded by the proposed code in cases where they were either essentially necessary, or where the convenience of admitting them would be very great -as in proving births, deaths, or marriages-cases in which they were admitted in the American code by clauses specially provided. Mr. Goldsmith urged that difficulties would arise in the reconciliation of clause 7 with clause 11 of the proposed code, if it should happen that the attorney was not made aware of the whole facts of a case, and should consequently, in the absence of the party whom he was allowed to represent, swear to a falsehood without perjuring himself; he objected that power should be given to the attorney to take the gravest responsibilities upon himself in the absence of his client, without being absolutely able to assure himself of the unlimited confidence of that client. that it was possible for the society fully to compreThe committee replied that they did not think hend the scope of their report nutil they should have read it for themselves in print. It should also be borne in mind that the committee had strictly confined themselves to that part of the system which was touched by the proposed blending of the Courts of Law and Equity, and particularly in answer to the question of an honourable member, whether the society, in following up its recommendations to unite these Courts, were prepared to draw up a code which should accomplish that object. The proposed code was drawn up with that view: it was for actions, and not for special proceedings. A portion of the society did not seem to think that it was stated with sufficient perspicacity on the face • Premium. THE 96 96 98) 96 96 97 +97 98 982 98 98 98 78 73 7 45 46 46" 46" 46" 47* 46" 46" 46" 46" 47* 46* 46* 46" 46" 47* + Ex. div. GAZETTES. Bankrupts. Gazette, June 24. BENTON, JOHN BENJAMIN, Corn merchant, White Horsest. Stepney, July 4, at half-past one, Aug. 5, at twelve, Basinghall-st. Off. as. Edwards. Sols. Messrs. Hilleary, Fenchurch-st. Petition, June 20. DAVIES, WILLIAM, coal merchant, Walbrook, City, July 3, and Aug. 7, at twelve, Basinghall-st. Off. as. Johnson. Sol. Gresham, Castle-st. Holborn; Petition, June 16. GRANVILLE, AUGUSTUS Bozzi, boarding-house keeper, Harrow-on-the-Hill and Piccadilly, June 28, at two, Aug. 23, at eleven, Basinghall-st. Off. as. Pennell. Sols. Lawrence and Plews, Old Jewry-chambers, City. Petition, May 21. HANSON, WILLIAM, statuary, Albion-wharf, Kensingtoncanal-basin, Kensington, July 3, at ten, and Aug. 5, at eleven, Basinghall-st. Off. as. Groom. Sol. Ladgrove, Mark-la. Petition, June 19. PATTEN, ANTHONY, horse-dealer, Chapple, Essex, July 12, ALLOM, THOMAS, bookseller and publisher, 309, Regent-st. BALLINGALL, JAMES, pianoforte maker, Edward-st. Portman-square, July 4 and Aug. 8, at one, Basinghall-st. Com. Fane. Off. as. Whitmore. Sol. F. Paxon, Bloomsbury-square, Petition, June 24. BOYD, ISAAC, silk manufacturer, 20, Spittal-square, Middlesex, July 12, at one, Aug. 8, at half-past eleven, Basinghall-st. Com. Holroyd. Off. as. Groom. Sol. Crowder and Maynard, 57, Coleman-st. City. Petition, June 25. BRIDGES, WILLIAM, jun. farmer and cattle dealer, Whittlesea, Cambridge, July 5, at one, Aug. 19, at twelve, Basinghall-st. Com. Goulburn. Off. as. Pennell. Sol. F. Schultz, 4, Dyer's-buildings, Holborn. Petition, June 18. CARPENTER, JOHN NELSON, miller, July 12, at half-past twelve, Aug. 11, at half-past ten, Birmingham. Com. Balguy. Off. as. Whitmore. Sol. J. Suckling, Cherryst. Birmingham. Petition, June 12. EDWARDS, THOMAS, basket and hamper manufacturer, Liverpool, July 10 and Aug. 7, at eleven, Liverpool. Com. Stevenson. Off. as. Turner. Sol. Dodge, Liverpool. Petition, June 25. GARROW, WILLIAM, mefchant, Liverpool, July 14 and 29, at eleven, Liverpool. Com. Perry. Off. as. Cazenove. MATHESON, HUGH, merchant, Liverpool, July 14 and 29, Sols. Messrs. Forshaw, Sweeting-st. Liverpool. Petition, June 25. at eleven, Liverpool. Com, Perry. Off. as. Cazenove. Sols. Littledale and Bardswell, Royal Bank-buildings, Liverpool. Petition, June 23. MURRAY, JOHN, builder, Isle of Sheppy, Kent, July 4, at twelve, Aug. 8, at eleven, Basinghall-st. Com. Fane. Off. as. Cannan. Sols. H. H. Beckitt, South-square, Gray's-inn; and J. Ward, Sheerness. Petition, OWEN, JOHN, flannel manufacturer, Welshpool, Montgomeryshire, July 21 and Aug. 5, at eleven, Liverpool. Com. Perry. Off. as. Morgan. Sols. Woosnam and Lloyd, Newtown; and J. Mason, 30, Castle-st. Liverpool. Petition, June 23. June 26. PRICE, JOSEPH, and LAVENDER, JOHN, papers, and copartners, Birmingham, July 8 and 30, at twelve, Birmingham. Com, Daniel, Off. as. Christie. Sol. T. R. T. Hodgson, Cherry-st. Birmingham. Petition, TIDEY, THOMAS GEORGE, bookseller and stationer, Rugby, Dividends. BANKRUPT ESTATES. Official Assignees are given, to whom apply for the London. Bartlett, J. butcher, 20s.-Dunn, B. tide waiter, final, 18. 91d.-Eastick, R. T. saddler, 31d.-Foxton, J. farmer, 48.-Hughes, W. J. captain, R.N. second, 59. 7d.-Locker, W. earthenware dealer, 28. 10d.-Nathan, J. cab driver, 8s. Berrill, W. carpenter, 7s. 10d. Apply to Mr. Parrott, solicitor, Stoney Stratford. Assignments for the Benefit of Creditors. Barwell, W. draper and grocer, Risely, Bedford, April 25. Trusts. W. Woolston, draper, Wellingborough, and W. Rayson, farmer, Slipton. Sol. W. Murphy, Welling borough-Berry, P. publican and licensed victualler, Thomas-st. Manchester, Lancaster. Trust. W. W. Cheetham, wine merchant, Manchester. Sol. W. Andrew, Manchester.-Bower, J. sen. and jun. and W. flint-glass and bottle manufacturers, Hunslet, Leeds, York, May 26. Trusts. J. Longley, builder, J. Ingham, cut nail manufacturer, H. Wilson, sen. butcher, Hunslet. Sol. J. Thackrah, Leeds.-Groves, G. and E. B. tallow chandlers, Melcombe Regis, Dorset, June 10. Trusts. S. Penny, grocer, Weymouth, and S. Simmonds, cabinetmaker, Melcombe Regis. Sol. F. C. Steggall, Weymouth.-Hanslow, W. grocer, Abindon, Berks, June 13. Trusts. F. Fenn, wholesale grocer, Bodolph-la. and C. Underhill, grocer, Oxford. Sols. Graham and Son, Abingdon.-Lewis, T. surveyor and builder, Bath, Somerset, June 13. Trust. J. Kerslake, plumber and glazier, and G. R. Packer, painter and glazier, Bath. Sols. T. and R. Cruttwell, Bath-Reeve, C. brewer and maltster, Leighton Bussard, Bedford, June 3. Trust. F. Bassett, banker, C. Ridgway, draper, and R. Richmond, chemist and druggist, Leighton Bussard. Sols. Ashfield and Allen, Leighton Bussard.-Williams, T. E. wine and spirit merchant, Exeter, May, 27. Trusts. D. Hart, wine merchant, Fenchurch-st. and H. Green, gentleman, Croome D'Abitot. Sol. T. Holland, Upton-uponGazette, June 20. Severn. Isacks, G. brush maker, Minerva-st. Hackney-road, June 7. Trust. A. Isacke, widow, Minerva-st. Hackney. road. Sols. Hancock and Young, Tokenhouse-yard.Jones, J. currier, Ruabon, Denbigh, May 30. Trusts. T. Comer, leather factor, Liverpool, and W. Pierce, tanner and leather dealer, Wrexham. Sols. James and Owen, Wrexham.-Kirby, M. G. currier, Woodstock, Oxford, June 16. Trust. J. W. Columbus, clothier, Street, Glas tonbury. Sols. Taylor and Hurford, Oxford.-Stables, W. W. woollen manufacturer and merchant, Crossland Mills and Huddersfield, York, May 22. Trusts. H. B. Taylor, drysalter, L. Parkin, woolstapler, H. Charlesworth, card maker, D. Marsden, bank manager, and J. Atkinson, Woolstapler, all of Huddersfield. Sols. Brook, Freeman, and Batley, Huddersfield.-Warburton, W. hosier, Leicester, June 3. Trust. S. Carter, worsted spinner, W. Windram, trimmer and dyer, and R. Scampton, commission agent, all of Leicester. Sol. G. Toller, Leicester. Son, tobacco manufacturers, Liverpool, May 10-Gayfer Joxford. May 1-Gilder and Hardess, coal merchants, Gazette, June 20. 210.0007. LIFE ASSURANCE and This Society effects every description of life assurance, both domestic and foreign, on most advantageous terms, either on the bonus or non-bonus systems. Tables of rates, with all further particulars, may be obtained at the office. M. SAWARD, Secretary. INTEREST AW REVERSIONARY LA AND INVESTMENT SOCIETY, Offices, 30, Essex-street, Strand, London. In shares of 251. each. Not more than 17. to be called for at one time, nor at less intervals than three months. This Society was partly formed three years ago, and a great number of shares were subscribed, but the then depression of the money market compelled its postpone ment. PROMOTE COMPANY, 9. Chatham-place, BlackAllen, G. and R. wine merchants and brewers, Falmouth, June 9. Debts paid by G. Allen.-Cheesebrough, friars, London; established in 1826: subscribed capital, J. and A. woolstaplers, Bradford, June 16. Debts paid by A. Cheesebrough.-Corker and Underwood, general dealers, Manchester, June 17.-Denham and Newton, builders and contractors, Todmorden and Langfield, June 12.-Fletcher, G. and Brothers, coal proprietors and dealers, Brompton, Prestwick-cum-Oldham, June 9. Debts paid by G. Fletcher.-Heath, Walker, and Bott, brick-makers, Longton, Stoke-upon-Trent, June 14. Debts paid by Heath and Bott-Hewitt, J. and Co. hosiers, Liverpool, June 18.-Illingworth and Raistricks, cloth manufacturers and scribblers, Idle, as regards Illingworth, May 6. Debts paid by J., A., and G. Raistrick-Llwynenion Fire Brick Company, fire brick manufacturers, Llwynenion, May 26.-Miles, Schofield, and Nephew, grocers, Oldham, June 11. Debts paid by A. Schofield Naylors, Oxley, and Co. merchants and commission agents, Valparaiso, Tacna, and Lima, as regards Oxley, Dec. 31.-Offley, Webber, and Forrester, wine and general merchants, England and Oporto, June 16. Debts paid by Cramp, Offley, and Webber.-Ommanney, Son, and Co. navy agents, Charing-cross, as regards W. H. Palin, May 31.-Rice and Co. land and water carriers, Worcester, Dec. 24. Debts paid by Rice.-Shuttleworth, ford, June 14. Debts paid by Shuttleworth.-Tidbury, C. W. and Co. worsted spinners, Lower Woodlands, Bradand Co. print and book sellers, Upper St. Martin's-lane, and Tichborne-st. Haymarket, June 17.-Tindall and Douthwaite, curriers, Great Sutton-st. Clerkenwell, June 19-Tringham and Merritt, wine, spirit, and beer merchants, Trinity-square, Tower-hill, April 30. Debts paid by Tringham.-Turnor and Laws, drapers and mercers, Church.st. Hackney, June 13.-Whitehouse, E. and Co. gas tube manufacturers, Wednesbury, June 6.- Wilkins and Weatherly, wire rope manufacturers, High-st. Wapping, June 1.-Willets, J., Lowe, J. and Willets, W. factors, Birmingham, as regards W. Willets, May 29. Debts paid by J. Willets and J. Lowe. The improved state of the country causing safe and profitable investments to be sought for, suggests the propriety of now proceeding to complete the establishment of a society whose design has met with such extensive support. Another peculiarly advantageous circumstance is the Assurance and Trust Society for the conducting of the busi means now afforded by the formation of the Law Property ness of the Law Reversionary Interest and Investment So ciety at a comparatively trifling cost, it being proposed to make an arrangement with the former flourishing Society for the use of its offices and officers, instead of incurring the great expense of a separate establishment, thus immensely increasing the profits of the Reversionary Interest Society. The plan is shortly as follows :— 1. The Law Reversionary Interest and Investment Society, to be formed of holders of shares of 254. each. Deposit, 2s. 6d. per share. 2. Calls not to exceed 17. per share, nor at less intervala than three months. 3. The business to be conducted at the offices and by ALUABLE FREEHOLD BUILDING the establishment of the Law Property Assurance and Woodhouse, Leeds, Yorkshire.--TO BE SOLD, in several June 21, 1851. COPYR RICHARDSON and SADLER, OPYRIGHT MEETING. - The atten- LYTTON, Bart., punctually at Half-past Two, and Mr. CHAS. STEVENS, Hon. Sec. 4, South-square, Gray's-inn. tinct books, accounts, &c. 4. The Profession to have the advantage of a fair commission on all business its members may bring to the office. 5. To the public it will offer the advantage of fair prices or Reversionary Interest and Policies of Assurance, with an option of converting Reversionary Interests into present income, so as to make provision for immediate wants, and otherwise to facilitate family arrangements. 6. For persons having money which they desire to invest both securely and profitably, and in any sum, small or large, it is well known that there is no such safe and advantageous method of doing so than in such a Society, which differs from all others in this, that there is no risk, for the whole of its funds being secured, its profits can be calculated with accuracy, and the capital is only called for as it is wanted to be profitably employed. Any persons may be members of it, so that solicitors can recommend it to their clients as a desirable investment. It is remarkable that, while boasting of so many flourish. ing Assurance Offices, the Legal Profession has not yet sought to secure for itself the still greater advantages resulting from a Reversionary Interest Society. That defect will now be supplied, under peculiarly favourable circumstances. Applications for shares, in the form below, to be ad- March 14, 1851. Dated. Name shares in the N.B. Unless the Society is formed, the entire deposit will be returned, and the expenses paid by the promoters. KINGDOM TRADE PROTECTION ASSOCIATION. OBJECTS. 1. The collection of debts for members. CARRIAGES for SALE, NEW and SEVERAL LIGHT BROUGHAMS and 3. Professional attendance at the County Courts for members. 4. Confidential inquiries for members as to the responsi bility of parties. Secretary and Solicitor-Mr. JAMES TOWNLEY. Annual subscription, one guinea. Members becoming acquainted with fraudulent conduct, are requested to communicate same confidentially, for the use of the members. Professional agents required throughout the United Kingdom. None but solicitors need apply. Partnerships Dissolved. Gazette, June 17. Allan, J. and Co. joiners and cabinet makers, Mirfield, June 11-Atherstone and Nickols, lace joiners, Manchester, June 14. Debts paid by Atherstone.-Deane, G. and J. and Dray, W. wholesale, retail, and export ironmongers, &c. King William-st. Arthur-st. east, Arthur-st. west, and Swan-lane, and Farningham, May 31.-Fernihough J. and and Woodley, brewers and coal merchants, Southwold and June 16.-Harris and Galabin, account book manufacAUDLEY-STREET, corner of Mount-street, Grosturers, Fenchurch-st. June 14.-Jones, J. and Potts, A. venor-square, have ready for immediate use several stepATE'S EXCHEQUER INK (for Legal ironfounders and mechanical engineers, Newton-in-Maker-piece Barouches, with and without Cee and under springs, tured upon principles that insure a fine, limpid black ink field, June 11-Lakin, J. and Payne, E. drapers, Frede- Chariots, Landaus, Coaches, and Britskas. Also very for steel or quill pens, without sediment or the slightest rick-place, Hampstead-road, June 12. Debts paid by elegant and stylish George-the-Fourth Phaetons, Driving tendency to thicken in the stand. It is the purest and Lakin.-Loysel and De Brunetiere, newspaper proprietors, Phaetons, and others; and Sociables, single and double-most concentrated preparation for commercial purposes Essex-st. Strand, June 16.--Marriott and Chambers, canvas bodied, Broughams, and Clarences, for one and two horses, that has been invented, and is not affected by climate. manufacturers, Sunderland, June 10.-Robinson, Brothers, to let on hire, with liberty to purchase. All carriages sold "A very useful ink."-Morning Chronicle. brick manufacturers, Sheffield and Masbrough, June 12. warranted twelve months. May be had at 18, Ironmonger-lane, Cheapside; and of Debts paid by James Robinson, at Sheffield, and by all Stationers. Country Agents Wanted. See specimen Joseph Robinson, at Masbrough. in the Exhibition, Several secondhand light Broughams from 55 guineas to 167 guineas, TATE'S serious consideration. That business is still Page. NOTICES TO CORRESPONDENTS LEADING ARTICLES— Not so Bad after all Law of Evidence Bill Trials..... Registration Assurance of Titles LEGISLATOR Business of Parliament MAGISTRATE-Summary 121 121 121 122 123 TRIALS. declining, as every pleader's chambers and THE plan which we propounded last week every agent's office knows but too well. To for completing the contemplated reform of the 121 arrest the downward progress should be the Common Law Courts by facilitating trials, 121 aim of all who desire to preserve the ancient appears to be generally approved, the only 121 tribunals of the land in their dignity and their objection offered to it being the extent of the usefulness. To this end, a bold reform of proposed changes. procedure proposed by the Commissioners, 122 combined with the Law of Evidence Bill, just sent down to the Commons with the unanimous approval of the Lords, will be the surest means; and with such improvements, and a rearrangement of the times and places for trial similar to that which we last week proposed, there can be no doubt that the business of the Superior Courts will not only revive, but become vastly more extensive than ever it has 126 yet been. The people would prefer to seek 126 justice there if they were only permitted to 127 procure it with tolerable certainty, speed, and cheapness. JOINT-STOCK COMPANIES' LAW JOURNAL-Summary... 123 PROCEEDINGS OF LAW SOCIETIES Law Students' Debating Society NECROLOGY-Earl of Derby BIRTHS, MARRIAGES, AND DEATHS ! GAZETTES..... ADVERTISEMENTS. To Readers and Correspondents. 126 126 "W." and "LEX" complain that London Solicitors send SCALE OF CHARGES FOR ADVERTISEMENTS. For every additional Ten Words...... 0 0 6 Advertisements from the Country should be accompanied with an order upon the Agent in Town, or a Post-office order (payable at 180, Strand) for the amount. Advertisements ordered for the first page are charged If not so ordered, they will take the LAW OF EVIDENCE BILL. We trust that its reception there will be equally unanimous. It is very desirable that a measure so important to the administration of justice, which has been advocated by the thinking few for many years, but which has made its way slowly into the convictions of the unreflecting many, should go forth stamped We cannot undertake to return rejected communications, with the approving vote of the whole LegislaWhatever is intended for insertion must be authenticated ture. If the House of Lords could find no one-half more. chance of position. To But small changes are useless now, as the Common Law Commissioners have found. The system is a whole, and cannot be amended without making more mischiefs than are cured. The Commissioners, it is said, first tried their hands at amendments, but as they patched one rent they made two, and they have ended by pulling down the edifice of procedure and rebuilding it on a new plan. So it must be with that important portion of the administration of justice which relates to trial. shorten procedure without speedy trial would be a manifest folly. Trial cannot be facilitated without more frequent Assizes. There cannot be more frequent Assizes without a re-arrangement of the Circuits and redistribution of the legal year. It would be an extreme inconvenience to have four Sessions and four Circuits in the year. From this it follows that the Sessions, as the least worthy, should give place to the Assizes. Some change is certainly necessary, and any change will compel more changes, until it will be seen that nothing short of that which we have proposed will meet the demands of the occasion. And that will do it effectively. by the name and address of the writer; not necessarily flaw in it, and, after the most careful investiga- four judges for the London Court of Assize. for publication, but as a guarantee of his good faith No notice can be taken of anonymous communications. It has been said that, with the increased business that would certainly result from the improvements suggested, we do not allow a sufficient time for the circuits, especially as only one judge will be sitting. If so it be, the remedy is easy. We have calculated on tion in committee, could pass it without even a Three would suffice, and the fourth might division, it is not too much to ask of the House permit of an eleventh circuit being formed. If a month be not sufficient for the circuits, five or six weeks may be allowed, and ample time would yet remain for the business of the Term in banco. THE LAW TIMES. of Commons, less competent to investigate such a question, that they should accept the Bill on the faith of the ordeal to which it has been subjected by the tribunal peculiarly qualified to try it, and not to hazard its existence at this late period of the session by an SATURDAY, JULY 5, 1851. NOT SO BAD AFTER ALL. other committee of their own. REGISTRATION. And to meet the possible contingencies of should still contain the names of the Queen's illness or excess of business the commission Seemingly unconscious that the future prosCounsel and Sergeants of the circuit, and if from the Common Law Courts, of the trials perity of the Superior Courts is dependent the assistance of any of them should be rehad in them at two periods of six months upon the success of this measure, the Law quired they should be paid for it by a fee, to before and after the establishment of the Institution petitioned the House of Lords be fixed by the Act. County Courts, the object being to ascertain against it!! Nay, it is a fact, readers, difficult what is the actual diminution of business of as it may be for you to believe. The House of which such vigorous complaints are made. Lords paid no heed to the petition. Not a The results will probably surprise our readers solitary peer could be found to support it with as much as they have astonished ourselves. his vote. We know not whether this lamentThe periods chosen for the experiment were able exhibition by the representative of our the flourishing one of 1844-45, and the equally Profession is to be repeated in the Commons: prosperous one of 1850-51; the former, it will for the credit of the lawyers of England, we be observed, preceding the railway litigation, trust that there will, at least, be wisdom enough and the latter succeeding it. The results shew not to shew how far their Society is behind the a total of 912 causes tried in the half-year of intelligence of the time. But if that petition 1844-5, and of 902 tried in the like half-year of 1850-1; being a decrease of ten only! IT seems to be generally admitted, even by its warmest advocates, that the benefits of Registration are prospective. Some years must elapse before a clear title will appear upon the Register, and until that time arrives, there must be an investigation of title anterior to the register. upon tion will be of pecuniary advantage to our own There is, therefore, no doubt that Registrashould be repeated in the Commons, we generation of lawyers. The solicitors now trust that the example of the Lords will living or in embryo will profit largely by it. We confess ourselves fairly puzzled by this be followed, and that neither in the Com- They may, therefore, be excused if they accept unexpected revelation, as we know that on all mons may it be possible to find a soli- with equanimity a boon which has not been the Circuits there has been a great diminution. tary vote in furtherance of its prayer. sought by them, but which has been thrust It is, therefore, plain that, up to this time, But it is wise never to feel too secure. Time the County Courts have inflicted no material presses, and amid the hurry of the closing monstrances. them in despite of their own reWe have now done our injury upon the Superior Courts. They have session opportunities are afforded for delaying duty. We have told the Legislature and not as yet stolen away their business, and the and damaging the best measures. We know the public in plain terins, “This measure prevalent belief that they have done so must not who has undertaken the charge of the will increase your costs and our profits." have proceeded from a fallacious impression, Bill in the Commons; but whether it be con- Patriotism demands no further effort to repel that the vast number of suits disposed of by fided to the Government or to a private mem- the gift. We may now, without compunction the County Courts were so many taken from ber, of this we can assure them,-that many of conscience, subunit to receive the advantage the Superior Courts. Such, however, is not eyes are upon it, many good wishes go with it, that has been provided for us, and leave pusthe fact. The greater portion of the business its success is a matter of incalculable moment terity to take care of itself. of the County Courts is positively new, created to the Superior Courts, and if it be permitted by the facilities they afford for the redress to be put aside on any pretence of the lateness of wrong, and without them it would have been of the season, they who may be parties to the non-existent. delay will be exposed to public censure. But, nevertheless, the fact that with extend- We recommend those who feel an interest ing commerce and increasing population, the in the preservation of the business of the business of the Superior Courts has declined, Superior Courts to petition the Commons to though to a trifling extent, when it should have pass the Law of Evidence Bill during the increased largely, is significant, and demands present session. VOL. XVII. No. 431, ASSURANCE OF TITLES. A SHOAL of correspondents have inquired the meaning of Assurance of Titles, now in practical operation. It may be stated generally, that it proposes to extend to the risks that affect titles the same principles of assurance which guard against risks by fire, by hail, by water, or to life. Many titles are legally defective; some link in the evidence is wanting; an heir cannot be found; a party having a minute interest is under disability; a death cannot be proved, although there is no doubt about it: these, and a hundred similar defects, are continually occurring, by consequence of which property is prevented from being sold or mortgaged, or, if sold, it suffers great deterioration in value, by reason of the defect in title. Assurance is a cure for such defects. A small sum, paid either at once or annually, will obtain a policy of assurance which guarantees to the holder of the property for the time being its full value, should it be lost to him by reason of a defect in title. Accompanied with such a policy, a title, however in itself defective, is not only as good as the best title, but actually much better, because it is absolutely secure it is placed beyond all risk, and therefore will command a much better price in the market than property not so secured. Mortgagees should not advance money without it. A trustee would scarcely be justified in putting out trustmoneys on property without requiring such an assurance of the title, because a trustee is bound to require the best security that can be had; and if, having the means of securing his money, he neglects it, and by any accident it should be lost by reason of a defective title, he would be personally responsible. Some instances of assurance, which have actually occurred, will shew to what uses it may be applied. A solicitor had the care of some title-deeds. He sold his business. His successor could not find them. The owner had been in possession many years. The property was sold, but no deeds being to be found, there was no 438. title. An assurance was effected, and the 439. policy is as good as the deeds, for it guarantees 41. the value should the property be lost. 440. 444. A husband seized in fee died. Dower was 364. barred. The widow remained in possession 451. fifteen years. No heir could be found. A marketable title could not be made to a pur-443. chaser, so an assurance was effected against 452. the chance of an heir appearing and recovering the estate. Stock in Trade Loan Societies Ecclesiastical Jurisdiction New Forest Deer Removal, &c. as amended by the Select Committee County Courts further Extension (Amended) Ecclesiastical Titles Assumption, as amended Registration of Assurances Franchise 453. Marriages (India) 458. 460. 471. Freemen's Parliamentary Veterinary Surgeons' Exemptions County Courts further Extension (as amended urged by the last Bill, without impairing the efficacy of the present measure; and if this Bill fail, there will be little chance of settling satisfactorily hereafter a matter universally acknowledged to require legislative interference. One of the great causes of abuse in the administration of charities is the want of publicity, and of check, to their accounts. One charity lost no less than 30,000/. in that manner. There is another, where an annual rent of only 27. was paid for property which now lets at 1,500l. a year. In many cases rent-charges had come to be considered as the permanent value of the charity. In others the proceeds of the charities had been permitted to fall into the hands of a single trustee; in the course of time he died, and then it was discovered that he had failed to discharge his trust. It is proposed to establish a board of five commissioners, to be called the "Charity Commissioners;" two of the commissioners are to be paid, and the others not paid. The board is to be made a corporation. It is to have power to issue precepts for the production of accounts and documents and the attendance of witnesses; to have the duty of advising trustees as to their acts, and the power to exonerate them from the consequences of acts done under such advice; and to have the power of putting the AttorneyGeneral in motion, and continuing his action, in cases which they think require his interference. Jurisdiction in cases under 301. a year is given to the County Courts; in cases between 301. and 100%. a year, to a Master in Chancery. The accounts of the trustees of the charities must be filed yearly in the County Court of the district including the charity; and the accounts of the commission must be yearly laid before Parliament. The expenses of the board, and of working the law, are to be paid by a tax of twopence in the pound on the income of all charities above 107. a year; and it is estimated that such a tax will produce 8,500l. a year. The Bill makes provision for the union of small charities; and it will deal with permanently endowed charities only, and not with charities supported by voluntary contributions. Petitions have been presented to be heard by counsel; but as their lordships know all that can be said for or against the Bill, surely they can dispense with the speeches of counsel.-Lord BROUGHAM, Lord STANLEY, and the Earl of CHICHESTER-the last having been a member of the commission on the subject-gave the Bill their general good word; but Lord STANLEY intimated an apprehension that a Bill read a second time at the end of June will not be able to pass the ordeal of a House of Commons looking anxiously for the termination of its labours. LAW OF EVIDENCE AMENDMENT BILL. FRIDAY, June 27.-Lord BROUGHAM proposed certain verbal alterations in this Bill, which had been adopted on the suggestion of his noble friend the Lord Chancellor.-The Bill was then read a a third time. On the question that the Bill do pass, Lord BROUGHAM said-I congratulate your lordships and the country on this most important measure having received your sanction, and being, as may be confidently expected, about to pass into a law. You have conferred an inestimable benefit upon the community, you have incalculably improved the administration of justice, effaced from our jurisprudence its greatest blot, planted our judicial system upon solid grounds, and provided the best security to the bench and the safest protection A property was sold in small lots, each of 459. 501. value. The cost of separate investiga- 461. tions of the title by each purchaser would have been more than the purchase-money-in fact, it would have prevented a sale. The owner assures the title of each lot, and the policy is accepted in lieu of a ruinous, and indeed, im- 424. Kafir Tribes-Return possible investigation by each of the pur-388. Agar Town, St. Pancras-Report by R. D. Grainger, to the bar. Let me further say how grateful I feel chasers. 473. 374. Royal Palaces, &c.-Account 414. Ceylon-Account Lord WHARNCLIFFE presented a petition from the borough of Leeds, against the two bills now beThe LORD CHANCELLOR introduced to the House fore the House with reference to the extension of of Peers, on Thursday, a Bill for facilitating and County Court Jurisdiction to cases of bankruptcy better securing the due Administration of Charities and equity, on the ground that the duties of the in England and Wales. The subject has been under judges of the County Courts are already extremely the consideration of Parliament for the last seventy onerous.-Lord BROUGHAM admitted that the years; and since 1786 five commissions have been grievance to which this petition had reference was issued to examine into it-four under the authority | very great, for, although recent legislation tended to of Parliament, and one under the signmanual of the cast a great increase of business upon those learned Crown: thirty-two reports have been presented on judges, there was no increase of remuneration. The the subject. There are 28,840 charities in England present amount of salary he considered very scanty, and Wales, more or less to be inquired into. Of and at the same time he was ashamed to say the these, those with an income less than 57. a year are surplus revenue resulting from the labours of the no less than 13,000, nearly half; those between 51. judges of the County Courts was paid into the conand 107. are 5,000: and those between 107. and 1007. solidated fund. From that increased revenue remuare 4,000. Of course, any litigation respecting the neration might well be paid for increased labour. administration of the smaller of these charities would He (Lord Brougham) had received numerous comswallow up in law charges many years of their income. plaints from the judges of the County Courts themIn 1840, various Bills, founded on the valuable re-selves on this subject, and he thought nothing could ports made, were submitted to Parliament; but all be more fair than the prayer of the petition, that if unfortunately failed to meet its approbation. In compensation was denied, extra labour should not 1845, Lord Lyndhurst brought in a Bill, which passed through that House almost unanimously; but matters of great importance occupying the other House, and the Government of that day declining to press this Bill forward, it was lost. In 1845, another Bill was thrown out in the other House, by a majority of two. It has been endeavoured to avoid the objections be imposed.-Lord CAMPBELL presented a petition from the solicitors of Southampton in favour of the extension of County Court jurisdiction, and took the opportunity to express his concurrence with the noble lord (Lord Brougham), that it was highly desirable these County Court Judges should not be overworked. |