the measure have improved it as a whole. Some of those changes, indeed, appear to us to introduce new elements of expense and danger.

"By the 6th clause in the Bill, districts are to be formed throughout all England; for each of which districts a map and index are to be provided. (Clause 7.) And the new system of registration required by the Bill may then commence in the district after a notice of three calendar months in the Gazette. The formation of districts, the provision of maps and indexes, and the appointment of the time for the commencement of the new system in each district, are left solely to the discretion of the Commissioners of the Treasury.

"The introduction of the new system into any district within the West Riding of Yorkshire will be attended, so far as regards that district, with the consequences which we now proceed to state.

"1. The right to register deeds in the West Riding Office, which, under proper regulations, would afford all the advantages of registration with convenience, economy, and despatch, will cease; and the registration for the district will be carried on in the London Register Office, the distance of which must, under any regulations, be the cause of inconvenience, delay, and unnecessary exepense.

must disclose the names of the parties by whom and
in whose favour it is given (clauses 49 and 50), which,
to those acquainted with them, would be nearly
equivalent to a disclosure of the nature of the trans-
action.

"In every case of loan on deposit under the new
system the lender must either rely implicitly on the
good faith of the borrower or search the London
register before he makes the advance, to ascertain
that there is no previously registered incumbrance
or caveat; which search must be either by the offi-
cers or an agent in London, and, notwithstanding all
the facilities for rapid communication, must occasion
expense and delay.

5. Titles will be seriously endangered 'by a system of indexing in which frequent errors will be unavoidable, and such errors fatal.

"The plan of indexing proposed is to be provided on a series of district maps, ultimately including the whole kingdom with books of reference, to be called Land Indexes.' (Clause 7.) The maps (the estimated cost of which is 2,000,0001.), and the land indexes, are to be provided by the Commissioners of the Treasury. (Clause 7.) As property is subdivided supplemental maps are to be prepared at the expense of the parties interested (clause 58). The first depo. "Clause 74 repeals the West Riding Registration sited title deed to any property is to be entered in Acts as to any district in which the new system shall an 'Index of Titles' for all England, as the comhave commenced, and clause 78 authorises the Com- mencement of a distinct head, and to be designated missioners of the Treasury to make provision for the by a particular number (clause 10), to which heads a custody of the documents and indexes of the West reference entry is to be made from the land index. Riding Office, and for searches and copies of them. (Clause 11.) All subsequent deeds affecting the pro"2. All original deeds executed after the intro-perty are to be entered under that head, and to be duction of the new system, or a duplicate of them, carried from one head to another, with reference to must be given up by their owners and deposited in and from each on every subsequent division or union the London Register Office; exposed to the risk of property. (Clause 10.) There are to be separate of fire or riot, and under the charge of persons ap- indexes for some particular classes of documents, as pointed by the Crown, and accountable for their mills, &c. (Clauses 22, 29.) A slight mistake in any conduct to the Crown only. of these complicated and multifarious entries will vitiate the registration of the instrument (clause 32), and enable a subsequent purchaser or mortgagee, though with notice of the prior instruments, to obtain a preference by registering his own deed, unless actual fraud can be proved against him. (Clauses 30 and 35.)

"The mode of registration prescribed by the 9th clause is by the deposit of the original documents, or (where there are duplicate original documents) of one of the duplicate original documents, in the Register Office,' and by certain entries in the indexes; and a document once deposited can never be removed from the office, except in obedience to legal process for its production. (Clause 59.) The office in which the deposited documents are to be kept is to be under the control of a registrar and assistants appointed (clause 2) and paid (clause 69) by the Crown, under securities (clause 5) to the Crown, and indemnified out of the consolidated fund, even against their own "6. The expense of the mortgages, conveyances, omissions, mistakes, and misfeazances. (Clause 93.) and searches, will be much heavier than under a The clerks and subordinate officers are to be ap-good system of local registration. pointed and removable at pleasure by the Commissioners of the Treasury. (Clause 3.)

"3. The deeds, when deposited, will be liable to exposure, sometimes dangerous to titles, and often needlessly injurious or painful to the owners.

"Every person may inspect and take copies of any document deposited (clause 61), subject to such regulations as the Lord Chancellor, with the advice and consent of the Master of the Rolls, may from time to time make. (Clause 67.) Such regulations, if made, will be general; and general regulations on such a subject may be easily evaded. The owner's power of self-protection, by keeping his deeds in his own hands, is the best, if not the only effectual safeguard.

"The principal advantage of registration, viz. to prevent the suppression of deeds, is effectually attained under the Yorkshire system by registering a memorial, which warns the public of the existence of deeds, without an unnecessary disclosure of their

contents.

"4. The present practice of loans on deposits, by which a respectable man in possession of his titledeeds may obtain relief from sudden difficulties confidentially, and at a few hours' notice, would be destroyed; and a new practice substituted which would be attended with painful exposure, and sometimes ruinous delay.

"The power given by clause 66 to correct errors in entries will not materially lessen the danger, as such corrections will not affect rights acquired by registration previously to the correction; and an error will not, in general, be discovered till after the mischief has been done.

"For many years to come a search in the local offices will be as necessary as at present; and in addition to that expense, after the new system has commenced in any district, the following precautions will be necessary:-1. A search in the London Register-office to ascertain that no previous incumbrance is registered there. 2. The entry of a caveat in the London Register-office to prevent others from obtaining priority by registration over the party protected by the caveat. 3. The deposit of the original deed in the London Register-office. 4. A duplicate or copy for the party.

"A London agent must be employed in every case; the clauses in the Bills of 1833 and 1844 allowing direct correspondence between the Registeroffice and the country not being introduced into the present Bill.

"There are other serious objections to the measure which we leave unnoticed rather than increase the length of this address. We wish, however, to add a few general observations.

accuracy in a complicated index: these elements, combined in one system, and that system applied to a country where landed property is the subject of a great variety and long succession of distinct and independent interests, and is constantly in a course of change between great aggregation and small subdivisions, form sources of danger, expense, and inconvenience to which we cannot be insensible. We believe that no other system of registry, either in the United Kingdom or any foreign country, combines such elements: and that in systems where some of those elements, or an approximation towards any of them, exist, it is for purposes, under circum stances, or with qualifications, essentially different from those of the proposed measure.

"The risk and expense of that experiment will fall with peculiar severity on the owners of small properties, which under the present system are transferred or mortgaged on very moderate terms. The purchaser or mortgagee, relying on the security he derives from the exclusive possession of the title deeds, frequently dispenses with searches or other expensive precautions. But when that security is destroyed (as it will be by the deposit of the original, or a duplicate, in a London register office) the heavy expenses, which are now seldom incurred, except in large purchases, with those additions which the new system will require, will become necessary in the smallest.

"We have no class interest to serve in opposing the measure. If we would separate our interest as a class from the general welfare of the community (a separation, however, which we entirely disclaim) those interests would lead us to support it.

"Its effect, at least for a longer time than most of us can hope to remain in practice (and, as we believe, permanently), must be to increase, not diminish, the profits of our profession. Our motive for this address is a sense of duty. As a body of professional men, confidently intrusted with the charge of our client's interest and safety, we have felt ourselves called upon to point out the dangers we apprehend. That duty is performed by the present statement of our opinions; and we now respectfully leave the consideration of the measure to the landowners of the West Riding, with whom it rests to decide be tween support, opposition, and neutrality."

The adoption of this address was seconded by Mr. Rogers, of Sheffield, and carried with one dissentient.

After the appointment of a committee to carry the resolution into effect, and the passing of votes of thanks to Mr. Shaw and the Chairman, the meeting broke up.

REGISTRATION OF ASSURANCES.

TO THE EDITOR OF THE LAW TIMES.

Sir,-Your suggestion that the County Courts should be the registration offices, and that the clerks should be placed on salaries and retire from practice, is the best I have yet seen, and would remove in the profession much of that feeling of dislike to disclose the affairs of their clients which now causes the main obstacle to a registration of deeds.

There is no doubt that the fees arising from this and an equitable jurisdiction to the amount of 2007. or 2501. would provide a sufficient sum to pay the clerks liberally.

The fees received by the clerks for
the first nine months the courts were
established amounted to
Judges' fees
General fund

The judges, sixty in num- £.
ber, are now paid 1,000Z.
each, say
60,000
12,000

To this add, say 2001. a year
for additional work ..

£73,777 11 3 82,652 14 5

52,117 10 11

£208,547 16 7

-£72,000 0 0

Leaves a surplus of £136,517 16 7 There are 490 clerks to be paid, and it is quite clear that some of them must be paid more than others on account of the work to be done, but the surplus shews that, divided, there is a fund already equal to 2207. per annum each. (a)

"We are by no means insensible to the present defects of the system of registry in the West Riding. Much has been done (sometimes at the suggestion, and always with the approval, of our Profession) to remedy as many of them as in the present state of the Registry Acts are capable of remedy. But those Acts (the last of which, 5th Anne, c. 18, passed 145 "The ground upon which loans on deposit are now years ago) require considerable alteration before all made is, that the borrower, by producing the original the improvements of which the system is capable deeds, satisfies the lender that there are no prior can be made. We are, as we have always been, incumbrances; and, by depositing them with the desirous to render whatever assistance our experilender, secures him, to a great extent, against sub-ence may enable us to afford in the preparation of sequent ones. Both these safeguards will be de- an amended Act, whenever it shall be thought proper stroyed by the fact of either the original or a dupli- to apply to Parliament for the purpose. cate being deposited in the register-office; because, by means of the deposited original or duplicate, the borrower may have already incumbered the property, or may afterwards incumber it at pleasure. It would therefore become necessary, in all cases of loan or deposit, either to enter a caveat (clause 49), or re"Boston, 24th March, 1851. By indenture between gister a memorandum of the transaction (clause 17) A. B. of, &c. [full description], of the one part, and in the register office, where it would remain a perC. D. of, &c. of the other part, it is witnessed, that petual record of the necessities of the borrowers. in consideration of 1001. paid by the said C. D. to In times of commercial panic, the lender could not "Our objections apply only to the particular mode the said A. B. he, the said A. B. did get, bargain, generally rely on a caveat, as it would have no effect of registration proposed by the Bill now before Par-sell, &c. unto said C. D. his heirs and assigns, all in case of bankruptcy or insolvency. (Clause 52.) liament-the compulsory deposit of original title In such cases he must register a memorandum spe- deeds in a central office, under the control of officers premises at full length,], to hold, unto said C. D. his heirs and assigns for ever. cifying the names of the lender and borrower, and appointed by and responsible to the Crown; the the sum lent (clause 17); and in many other cases necessity of perpetual reference to that office in all very little useful protection from disclosures would future dealings with landed property; and the absobe obtained by registering a caveat, for a caveat lute dependence of titles upon the chance of minute

"Still less are we insensible to the advantages of registration itself. Those advantages are felt in the West Riding, notwithstanding the defects of the present system, and the inroads made upon its usefulness by doctrines established in Courts of Equity which many distinguished lawyers have lamented; and they would be materially increased if the system were judiciously improved and such inroads prevented.

The charges for registration of deeds, though very small, in amount would make up any deficiency. I should propose a charge of 1s. for every deed, and 4d. a folio for the number of folios written which would probably cost about 2s. 6d. for each deed. The form might be very simple, thus:

(a) I assume with the extended jurisdiction to 50%, tha the courts now produce as much in twelve months as wa realised in the first nine months of their establishment.

"Executed by said A. B. and C. D. Receipt indorsed and witnessed."

The first object of registration is to give notice that some other deed than those set out in the abstract is in existence, and it seems to me that the object would be attained in the manner pointed out. A double index of the parish and parties to the deed, to facilitate reference should be kept. If you can give space for the insertion of this, I shall be obliged. I am sir, yours, &c. ONE, &C. WHO HAS PURCHASED EXPERIENCE OF THE NECESSITY OF A REGISTRATION.

April 29, 1851.

REGISTRATION OF ASSURANCES.

not only to draw the mortgage deed and any other
securities, but also the reconveyance." Can any
cases be given in support of this view, as it does not
appear to be the universal practice? And in Mr.
Hughes's Practice of Mortgages, vol. ii. p. 327, it is
stated that, "before the expiration of the notice,
the mortgagor's solicitor should prepare a draft of
the reconveyance, and deliver this to the mortgagee
or his solicitor for perusal in sufficient time before
the period of payment," &c. in support of which,
Wiltshire v Smith, 3 Atk. 89, is cited. T. D.

66

I noticed, some few months since, a correspondent's letter on the subject of counting the folios in the schedule of a deed with reference to the words any other learned and obliging reader, inform me, acres, roods, and perches." Would the same, or through the medium of your valuable paper, what is the correct way of reckoning the number of the piece of land on the tithe commutation or other map?

SIR,-The objection of your correspondent, "A Country Solicitor," to the register offices for births and deaths being also the registry for deeds is untenable. He says the registrars of births and deaths are often illiterate men. Without replying to the Is it sufficient that each figure be counted as one caricature he has drawn, it is merely necessary to word, or is it necessary to repeat "thousand, hunsay that the register office of births and deaths is dred," &c. after every figure? Thus, should 4561 under the care, not of a registrar, but of the be reckoned as four words, or as "four thousand superintendent registrar of births and deaths, who five hundred and sixty-one," which would make it is generally a solicitor, and always a person of intel-seven words?" ligence and respectablility, without which, in fact, be could not hold the appointment. The objection of your correspondent, which seems also to have misled you, therefore falls to the ground. The superintendent registrar would be the officer. You have already local registry offices,-then why have two offices in each district, both relating to matters

of title?

A CONSTANT READER.

THE WILLS ACT.-A case occurred in the Prerogative Court of Canterbury, on the 23rd inst. which affords a remarkable illustration of the unjust operation of the Wills Act upon the classes of society who cannot afford to pay solicitors to draw their wills. The testator, a labouring man, died on the The surest way to destroy the efficiency of County 17th of March last, leaving a will, disposing of the Courts is to overload them with business, and espe- little property he had saved. It occupied the first cially with other departments of practice. Besides, and nearly half the second side of a sheet of letter the County Courts' clerks are in general appointed paper. The attestation clause was on the third side, for several districts, which they manage by assistants, immediately opposite to the concluding paragraph of who are not necessarily solicitors; and if a solicitor the will, and the testator signed his name just below were appointed to each office with a salary sufficient the attestation clause, in the simultaneous presence to induce him to give up practice, it must greatly in- of two witnesses, who then duly attested and subcrease the cost of registration. I see no better plan scribed the will. The next day the will was shewn than that of using the present register offices of to the medical attendant, who very properly obbirths and deaths for deeds also. served that the testator must sign immediately at the foot or end of the will. Accordingly, in the presence of the same two witnesses and the medical attendant, the testator again signed his name in the proper place; and the two witnesses proposed to sign theirs again, but the medical gentleman (unfortunately not being acquainted with all the nice distinctions of this law) said that it was unnecessary, as they had already attested and subscribed the will. This will was declared invalid because the signature at the foot or end of the will was not attested, and the signature (which was duly attested, though at the foot or end of the attestation clause, and nearly opposite to the last line of the will) was not at the foot or end of the will. The same day, several other wills were declared invalid because the signatures of the

A SOLICITOR AND SUBSCRIBER.

April 28, 1851.

REGISTRATION OF DEEDS.

TO THE EDITOR OF THE LAW TIMES.

SIR,-As it seems to be the general opinion that the Registration of Deeds, would much tend to the safety of titles, the question arises how that can best be accomplished.

I think it will be admitted that it would be far more acceptable to the public that deeds should be registered or enrolled (whether in a metropolitan or district office), in the same way as is now done under the Fines and Recoveries Acts, and the ori

auctioneer, appraiser, and cornfactor, so as to say that one is a more substantial part of the contract than the other." This should be noted in Hertslet's Law of Master and Servant.

In Re Walsh, 17 Law T. 55, it was held that a Some cases in Bankruptcy require attention. trader, discharged under the Insolvent Court, may be declared a bankrupt upon a debt returned in his schedule. In the same case (17 Law T. 56), it was further held, that the Bankrupt Court cannot administer the estate until the petition in the Insolvent Court is dismissed. In Re Doyle, 17 Law T. 56, a creditor who had held a bond as a security for his debt without assignment, or without entering up judgment against the obligor, by whom the debt was lost, was not permitted, on the insolvency of the obligee, to prove his debt against the estate for the amount.

COUNTY COURTS.

Summary.

Two cases of considerable interest in the practice of the County Courts were reported in our last. Hunt v. The Great Northern Railway Company, 17 Law T. 54, was a question of jurisdiction: was title in dispute? The Company was by its Act of Parliament required to convey the coals, &c. of other persons in the carriages of such persons at a certain rate, and to convey back its empty carriages, at a fixed sum per mile. A number of loaded carriages being presented to the company for conveyance, they demanded payment then not only for the loaded, but for the return carriages. It was refused, and the company refused to carry, for which an action was brought against them in the County Court. It being ob jected that this was a question as to toll, and therefore excluded from the jurisdiction of the County Courts Act, by sec. 58, the judge held that it was not so, and proceeded to hear the case. A prohibition being moved, it was decided by COLERIDGE, J., in the Bail Court, that inasmuch as the title to the toll was not disputed, but only the time at which it was demandable and payable, and which de pended on the construction of the company's Act, the County Court had jurisdiction, and the writ was refused. Reg. v. The Judge of the County Court of Oswestry, 17 Law T. 55, was a point of practice, in interpleader. Goods were seized in execution. A. & B. claimed them, stating their ground of claim thus: "That the said two horses, two collars, and two bridles, were assigned to us by an indenture, dated 28th May, 1850, and under

ginals returned, than that they should be perma testators appeared, not at the foot or end of the will. &c. ; it was objected at the trial that this state

mently deposited with the Registrar. This would
obviate the objection of parties who do not wish to
be deprived of the possession of their Deeds, and
avoid the expense of duplicates. It would afford the
same safety to a purchaser, as he would not be bound
by documents not appearing on the Register.
I am, Sir, yours, &c.
March 30, 1851. A COUNTRY SOLICITOR.
STAMPS ON CONDITIONAL SURRENDERS
ACCOMPANYING A FREEHOLD MORT-

GAGE DEED.

TO THE EDITOR OF THE LAW TIMES.

SIR,-The part of the proviso in the Stamp Act still unrepealed, referred to by your correspondent J. B. Colman, in his letter in your last number, was not overlooked by us.

The first paragraph of that proviso allows parties using several of the distinct instruments therein referred to, the option of placing the ad valorem duty on which of those instruments they like; but the subsequent portion of that proviso (referred to by your correspondent) in the case of copyholds being mortgaged with other property, restricts that option, and then requires the duty to be charged on the deed relating to the other property. We certainly consider (as may be deduced from our former letter) the uniform use of a 17. stamp to have been and to be still correct, in all cases where the ad valorem duty did or does now exceed 27. but to have been and to be still incorrect in all other cases. See the case referred to in our former letter.

In fact, we deem the late Act to have made no alteration upon stamping conditional surrenders accompanying freehold mortgages. Diss, April 29, 1851.

We are, Sir, yours, &c.

W. and L.

Queries on Points of Practice.

IN vol. xiv. of the LAW TIMES, p. 190, it is stated in reply to a correspondent, that it is free from doubt that "the mortgagee's solicito is invariably entitled

but at the end of the attestation clause on the next
page, which the Judicial Committee of the Privy
Council have decided is not a sufficient compliance
with the requirements of the statute.-Times.

THE MERCANTILE LAWYER.

AN extremely interesting and important question of
Copyright was decided in Richardson v. Gilbert,
17 Law T. 48. The plaintiffs were proprietors of
a review, and paid an author for writing an article,
which article other publishers reprinted and circu-
lated at a small price. It was held that the pro-
prietor of a periodical buying contributions from an
author purchased the copyright in them; but then
it must be actually paid for in order to give a legal
title to the exclusive copyright. But where the
articles have been supplied on the terms that they
should be paid for, it will suffice to protect them
against piracy by a stranger.

ment was not in accordance with rule 39, as omit-
ting to state the consideration of the agreement.
The Judge held the objection good, but on an
application to the Q. B. for a mandamus to compel
him to hear, COLERIDGE, J. held that the claim
was sufficiently stated in the notice.
"It really
seems to me, he said, "that the notice was quite
sufficient. The notice need not set out a good
ground of claim; it will still be a good claim if it
describes in what way the party claims. The
Judge will decide upon the validity of the claim
when he has heard the case.'

THE LAWYER.

Summary. THE practice under the Trustee Act of 1850 is important from its novelty. From Re Nicholson, 17 Law T. 49, it appears that the affidavit and eertificate for the appointment of a new trustee, on the ground of the unwillingness of the old trustee to act, should not merely state the fact, but should disclose the circumstances from which it might be gathered whether such unwillingness was or was not justifiable.

A novel and curious point in the law of Master and Servant was decided in the case of Ellen v. Topp, 17 Law T. 52. An apprentice was bound to a master carrying on three trades. Afterwards the master relinquished one of them. Thereupon the apprentice absented himself from the service. The master brought an action on the covenant for service, and the abandonment of one of the three trades was pleaded in defence. The Court held it to be an answer, but after some doubt. "The immediate cause of action," it said, "is the breach of the contract to serve, and it seems that the obligation to serve depends on the corresponding obligation to In an account between an attorney and his client teach as an apprentice,' and if the master is not stating a gross sum for professional charges, no bill ready to teach in the very trade in which he stipu- of costs having been delivered, and it appearing lated to teach, the apprentice is not bound to serve. afterwards that such sum exceeded the costs due, To this particular covenant to serve, the relation the Lord Chancellor held that it cannot be treated duly to teach seems to us to be directly in the as an open account, and could not be corrected by nature of a condition precedent, and we are not a decree to overcharge and falsify. (Coleman v. able to distinguish between the three trades of an Mellersh, 17 Law T. 45.)

Where an irregular judgment in ejectment had been obtained, a writ of restitution was held to be the proper remedy in Wittington v. Hards, 17 Law T. 49.

In Drummond v. Tillinghurst, 17 Law T. 50, the Court refused to require a foreigner actually resident here, and having no domicil abroad, to give security for costs, even although it was sworn that he was only resident here for a time.

CORRESPONDENCE.

LICENCE OF COUNSEL.

TO THE EDITOR OF THE LAW TIMES.

SIR,-I observe in the LAW TIMES of April 26, an article upon the "Licence of Counsel," in which reference is made to a case that was tried at the Central Criminal Court during the last session. As the counsel concerned, perhaps I may be allowed a few words upon the subject. I am not, however, desirous of making your publication the medium of any advertisement, and therefore do not sign these observations with my name. It is perfectly familiar to yourself, and may be referred to if necessary.

An excellent illustration of the absurdities of pleading is afforded by Hall v. Flockton, 17 Law T. 54. The plea averred that it was agreed between plaintiff and defendant that certain things should be done, and "that the action and causes of action should be settled, satisfied, discharged, and ter- In the first place, I must say that the report of the minated by the arrangement and agreement before proceedings supplied to the various papers is not mentioned." This was held to be an insufficient accurate, particularly as it attributes to me an exaverment that the mere agreement was accepted in pression which has led you, and most probably others satisfaction! Would common sense so read it? also, to think that I had some doubt as to the proThe plea went on to aver that defendants had per-priety of the course pursued. I had not, nor have formed some of the things specified in the agree-pursued, I am satisfied, was the proper one, and one I, any doubt whatever upon the matter. The course ment, and were ready and willing to perform the which could not have been abandoned without relinrest, and this was held not to be a good plea of quishing that which I believe was a bona fide defence on the part of the prisoner.

accord and satisfaction.

In Davis v. Burrell, 17 Law T. 56, JERVIS, C.J. refused to amend an omission by inserting the words "by statute" in the plea of "not guilty." In the same case he also ruled that a verdict for a sum not exceeding 57. requires a certificate for costs under the 13th section of the County Courts Ex

tension Act.

LEGAL INTELLIGENCE.

The Chief Justice of the Common Pleas, Mr. Baron Parke, Mr. Baron Alderson, Mr. Justice Erle, Mr. Baron Platt, Mr. Justice Talfourd, and Mr. Baron Martin, assembled for the purpose of appointing days for sitting in Error, and they named of Q. B., the 15th of May for Errors from the Court the 14th of May for hearing Errors from the Court of C. P., and the 16th, 17th, 19th, and 20th of May for those from the Court of Ex.

ADMISSION OF SOLICITORS.-The Master of the Rolls has apointed Tuesday, May 6, at the Rolls Court, Chancery-lane, at four o'clock in the afternoon precisely, for swearing solicitors. Every person desirous of being sworn on the above day must leave his common law admission, or his certificate of practice for the current year, at the Secretary's Office, Rolls-yard, Chancery-lane, on or before Monday, May 5.

JOURNAL OF PROPERTY.

MONEY MARKET.

The facts are shortly these :-The prisoner entered the service of the prosecutor with a six years' character; he had been valet to the prosecutor for about four years, and was, to use the prosecutor's expression, "a confidential servant.' He was charged with stealing various articles, which he alleged were given to him by his master, and stated circumstances from which, if true, such a fact might be fairly inferred. These circumstances were of such a character, that any man having been concerned in them would desire to keep them private. Now, the quesThe Lord Mayor and the Lady Mayoress have tion really is, whether counsel must abstain from issued cards of invitation to a banquet at the Man- going into such facts; that is, whether, under sion-house, on the 8th of May, to her Majesty's such circumstances he must throw up his brief; judges and their ladies, the commissioners in bank-whether he ought to have received it at all; or whether ruptcy, and many of the leading members of the it was his duty merely to watch that the case was Bar, as well as to the high-sheriffs of the four me- proved. In my opinion, the prisoner was entitled to tropolitan counties, and the sitting magistrates of have elicited, by cross-examination, every circumthe several police courts of the metropolis. stance which could raise a presumption in favour of his innocence, however distasteful the disclosure 3 Cent. Reduced Annuities 96 might have been to the prosecutor, and it was the 3 Cent. Consols Annuities imperative duty of counsel to prosecute the inquiry. Consols for Account... I know of no right of secrecy to which the liberty of Long Annu. (exp.Jan. 5, 1860) a fellow-subject ought to be sacrificed. The constant Do. 30 yrs. (exp. Oct. 10, 1859) practice declares there is no such right in the poor Do. 30 yrs. (exp. Jan. 5, 1860) prosecutor. There is equally no such right in the India Stock. India Bonds (1,000l.) ... rich. Do. do. (under 1,000l.).... South Sea Stock.... Do. do. New Annuities

It is clear that a barrister has no right, and that a gentleman has as little inclination, wantonly to wound the feelings of a witness by eliciting a disclosure of painful or discreditable circumstances irrelevant to the issue. It is no part of the duty of an Advocate to make himself the vehicle of a prisoner's malignity. But, on the other hand, if a prisoner insists on facts which are probable, or possible, and which constitute a defence, I doubt very much whether a counsel is ever justified in declining to go into them.

ENGLISH FUNDS.

Bank Stock..

New 3 Cent. Annuities.

Exchequer Bills, 1,000.

Do.

Do.

do. 500l.
do. Small

|211||2111 2102 211
96 96

96 96 961

Holiday.

967 962 962 96
97 97
71 7

7

71

281 259 259

54 54

54 54 54 54° * Premium.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.

261

1077

53*

ADDISON. On the 29th ult. at Gloucester, the wife of
Thomas Fenn Addison, esq. solicitor, of a son.
ALLISON-On the 30th ult. at South Kilvington, the wife

of J. P. Allison, esq. solicitor, Thirsk, of a son.

CRIMINAL PROCEDURE IN ROME.-By article 556 of the Gregorian code of criminal procedure, state criminals are judged by the tribunal of prelates of the sacred college, not by any established rules, but in accordance with the powers awarded to it in each case; by article 560, witnesses are not confronted with the accused; by article 561, the accused, having been subjected to examination by the whole tribunal, are not allowed to be present during the consideration and argument of their case; by article 564, there is no appeal against the sentence, although it be decided by a simple majority of votes, except (art. 565) in the cases of condemnation to death, not pronounced unanimously, and even then part of the judges in appeal are the same who have already decided upon the very facts of the case; by article 558, the choice of counsel is not free, but is subject to the approval of the president. Everything takes place with closed doors, and no publicity is allowed to be given to the proceedings of any trial. Practice has added even further iniquities: there are no regularly and permanently appointed judges; in each case the man most approved of for the purposes of the powers that be is appointed to act as judge; the accused are not confronted one with another, and the order of calling them before the council is arbitrary, so that whoever chooses to purchase impunity with a lie may do so without the possibility of refutation. But even these laws appeared too benign to the government of Pius IX. I would only further observe, that it is most and Cardinal Antonelli; and, amongst other changes impolitic that immediately a course of in procedure, they have now taken away from the examination which reflects on a wealthy proaccused even the right of proposing his own counsel.secutor is begun, a juryman should be allowed COUNTY COURTS.-A return to the House of to take upon himself to interrupt counsel by Lords has just been printed, giving an account of all any expression of his opinion. It is the duty sums paid over to the Treasury during the four years of a juryman to decide upon the fact of the guilt ending the 1st of March last by the County Courts. or innocence of the prisoner; and if he, with the In the last two years 30,500l. were paid over-none others, decides upon the guilt, to submit any recomin the previous two years-out of which 29,0757. mendation in mitigation of punishment to which the had been paid by the Treasury to the treasurers of body may agree. All else is ultra crepidam. County Courts for payment of the debts abolished I am, Sir, yours, &c. by the Act, and for advances to certain courts, the Temple, May 1. revenue from the general fund of which has been insufficient to meet the expenditure. The balances of County Court moneys in hand subject to the PROMOTIONS, APPOINTMENTS, STANLEY, Charles, esq. of the Middle Temple, Barrister

BANKS.-On the 25th ult. at Brecon, the lady of W. L.
COBDEN. On the 28th inst. at 103, Westbourne-terrace,
Banks, esq. solicitor, of a daughter.

the wife of R. Cobden, esq. M.P. of a daughter.
MARRIAGES.

ALLEN, Peter, M.D. of Bridport, youngest son of Gabriel

Allen, esq. of Smarden, Kent, to Flora, eldest daughter of Edwin Nicholetts, esq. treasurer of County Courts and town-clerk of the borough, at the parish church, Bridport, Dorset, on the 26th ult.

BURMESTER, John, esq. B.A. Oxon. barrister-at-law, to
Catherine Ann, relict of the late Dowell Knox O'Reilly,
esq. Captain in H.M. 85th Light Infantry, and only
daughter of the late James Gordon Cavenagh, Castle.
house, Wexford, at the Church of Charles-the-Martyr,
Falmouth.

JONES, John, esq. of Devereux-court, Temple, and Old
Brompton, to Margaret, second daughter of the late
Charles Ross, esq. formerly of New Broad-street, City,
at St. Luke's, Chelsea, on the 30th ult.
SIMPSON, Thomas Burn, esq. of Lincoln College, Oxford,
youngest son of J. Simpson, esq. of Whitburn West-
house, magistrate of the county of Durham, to Jane,
only daughter of the late Thomas Longstaff, esq. ship-
owner, Sunderland, at Bishop Wearmouth Church, on
the 22nd ult.

at-law, to Annie, second daughter of the late John Staniforth, esq. of Westbourne, near Sheffield, at St. George's Church, near Sheffield, on the 30th ult. STEELE, Henry Perin, esq. of Fenagh-lodge, county of Carlow, Ireland, J.P. and one of her Majesty's deputy. lieutenants of and for the county of Dorset, and only sur viving brother of the late Lieutenant-Colonel Sir Robert Steele, Knight and K.C.S., deputy-lieutenant of the same county, to Ellen, fourth daughter of the late George King, esq. of Buriton Manor-house, Hants, and Burgate, Surrey, on the 23rd ult. at St. James's Church, Westminster.

DEATHS. CARTWRIGHT, Thomas, esq. one of her Majesty's Justices of the Peace, and late High Sheriff of Staffordshire, COMPER, Harry, esq. banker, and a magistrate for the city at Hill-hall, in the said county, on the 26th ult. aged 73. of Chichester, on the 22nd ult.

FLINTOFF, Anne, widow of the late Owen Flintoff, esq. barrister-at-law, and Chief Justice of Sierra Leone, at 1, Upper Belmont-place, Wandsworth-road, on the 16th NALDER, Charlotte Rose, the wife of F. J. Nalder, of Shepton Mallet, solicitor, and youngest daughter of the late Richard Henry Budd, esq. of Stoke-next-Guildford, Surrey, at Shepton Mallet, Somerset, on the 23rd ult. aged 35. THORNEYCROFT, George Benjamin, esq. magistrate for the counties of Staffordshire and Shropshire, on the 28th ult. at his residence, Chapel-house, near Wolverhampton, aged 59. WOLSLEY, Eliza Earle, the wife of William Bertie Wolsley, esq. Acting Government Secretary of British Guiana, on the 21st March, at Demerara, aged 51.

Gazette, April 29.
BULLOCK, JOHN, innholder, Bristol, May 14 and June 11,
at eleven, Bristol. Off. as. Hutton. Sol. Barker, Bristol.
Petition, April 9.
EMERY, JAMES, innkeeper, Preston, Lancashire, May 9
and 29, at eleven, Manchester. Off. as. Mackenzie.
Sol. Blackhurst, Preston. Petition, April 24.
FRANCE, FREDERICK SPENCER ADOLPHUS, clothier, Lam-
beth-walk, Lambeth, May 8 and June 5, at one, Basing-
Sol. Stodart, Racquet-court,
hall-st. Off. as. Bell.
Fleet-st. Petition, April 26.
HILL, JAMES, miller, Saltash, Cornwall, May 22 and June
19, at eleven, Plymouth. Off. as. Hernaman. Sols.
Edmonds and Sons, Plymouth, and Stogden, Exeter.
Petition, April 17.
HOLTHOUSE, CARSTEN, sugar broker, Great Tower-st.
May 9, at half-past twelve, June 13, at eleven, Basing-
Sols. Hill and Matthews,
hall-st. Off. as. Cannan.
Bury-court, St. Mary-axe. Petition, April 26.
RIDGE, JOSEPH CHARLES, wine merchant, Great St.
Sol. Jer-
Helen's, Bishopsgate, City, May 9 and June 13, at
twelve, Basinghall-st. Off. as. Whitmore.
wood, Ely-place, Holborn. Petition, April 23.
SMITH, JAMES, carpenter, Lincoln, May 21 and June 11,
Kingston-upon-Hull. Off. as. Carrick. Sols. Scott and
Tahourdin, Lincoln's-inn-fields; Toynbee, Lincoln; and
Stamp, Hull. Petition, April 16.
Off. as. Hope. Sols.
TAYLOR, JAMES, worsted spinner, Bradford, Yorkshire,
May 20 and June 17, Leeds.
Northwood, Bradford; and Courtenay and Compton,
Leeds. Petition, April 28.
Gazette, May 2.
ARTLEY, WILLIAM, miller, North Burton, Yorkshire, May
14 and June 11, at half-past twelve, Kingston-upon-Hull.
Off. as. Carrick. Sols. Tweed, Hull, Bell, Hull, and
Hodgson, Driffield.

BURROWS, WILLIAM, surgeon, Park-street, Islington,
May 14, at two, June 13, at twelve, Basinghall-st. Off.
as. Graham. Sol. Cooper, Old Cavendish-st.
CLIFTON, THOMAS, and RAWLE, RICHARD EASEBY, Spirit
merchants, Bristol, April 29, Bristol. Off. as. Acraman.
Sols. Abbot and Lucas, Bristol.
HARRISON, WILLIAM BOWN, bleacher, Lancashire, May
13 and June 4, at twelve, Manchester. Off. as. Pott.
Sol. Cobbett, Manchester.
JACKSON, WILLIAM, painter, Orchard-st. Portman-sq;
May 13, at one, June 10, at eleven, Basinghall-st. Off.
as. Edwards. Sol. Letts, Bartlett's-buildings.
M'MURREY, JOSEPH, merchant, Liverpool, May 9
June 6, at eleven, Liverpool. Off. as. Turner,
Bretherton, Liverpool.
SHEPPARD, ROBERT, commission agent, Norwich, May 10,
June 16, at eleven, Basinghall-st. Off. as. Pennell.
Sols. Jay, Bucklersbury; Jay and Pilgrim, Norwich.
WOODIN, JOHN, upholsterer, Matilda-st. Islington, May 9,
at half-past one, June 13, at twelve, Basinghall-st. Off.
as. Cannan. Sols. Tucker and Jones, Sun-chambers,

Assignments for the Benefit of Creditors. Gazette, April 22. Bell, A. grocer, Luton, Bedford, March 20. Trusts. J. Lucas, banker, Hitchin, and C. Teede, grocer, Warner'syard, Mincing-lane. Sol. C. A. Austin, Luton.-Boucher, H. E. draper and haberdasher, Birmingham, April 12. Trusts. J. Heath, draper, and J. Boucher, gentleman, Birmingham. Sol. W. P. Allcock, Birmingham.-Brown, J. gentleman, Leicester, April 13 & 14. Trusts, T. C. Harris, draper, and T. Harrold, builder, Hinckley. Sol. and SON beg to inform the public of their GENERAL, W. P. Allcock, Birmingham.-Carter, J. agent and broker, Huddersfield, April 17. Trust. W. Richardson, silversmith, Huddersfield. Sols. Fenton and Jones, Huddersfield. Macklin, H. C. draper, Highworth, April 4. Trusts. FUNERAL ESTABLISHMENT, at 4. Finsbury-terrace, W. F. Jennings, bank agent, Highworth, H. Sturt, Wood- City-road. Every requisite article in the above line, with our prospectus. Letters punctually attended to.-Please st. and R. Russell, Friday-st. warehousemen. Sols. Sole economy, at stated charges. Children's funerals conand Turner, Aldermanbury.-Maddocks, R. Bronington, ducted in the best manner, from 17. and upwards. See Trusts. T. Maddocks and J. France, farmers, April 9. Sols. Lee and Brooks, Whitechurch. to observe the address, opposite the Finsbury Charity Whitechurch. Pearce, J. draper, Basingstoke, April 16. Trusts. J. Bag- Schools.

This is the authorised Report of the County Courts, and N.B. The next Part will complete the Cases to the close contains every case decided by the Superior Courts relating to the County Courts. Part I. to IV. may still be had, price 5s. 6d. each. (To be continued regularly.) of Hilary Term, 1851.

LAW TIMES Office, 29, Essex-street, Strand.

This day is published, Part XIX. price 5s. 6d. of CONCISE PRECEDENTS in CONVEYANCING, adapted to the present state of the Law, kind of Conveyance, Settlement, Conditions of Sale, Agreements, &c. &c. By WILLIAM HUGHES, Esq. Barristerat-Law, Author of "The Practice of Sales," and "The 48. Practice of Mortgages." Double parts are now published at 5s. 6d. each, on the 1st of each alternate month. To be completed in 3 vols.

This work is designed to supply to the Profession a series of useful practical precedents. Each volume will be complete in itself, thus avoiding the objections that have been made to publications in the periodical form. The precedents in each part will be miscellaneous, so as to be at once available to the practitioner.

CONTENTS OF PART XIX.

Appointment by testatrix (a widow), under a power
contained in her marriage settlement, of freehold
property to her eldest son in fee, and of copyhold
and leasehold estates, upon trust for her four 49.
younger children absolutely, as tenants in common,
with cross limitations in case either of them should
die in testator's lifetime, or under the age of twenty-
one years, without leaving issue.

36. Will, devising real property to devisee for life, with re-
mainder to trustees to preserve contingent remain-
ders, and with power for devisee to appoint the pro-
perty amongst his children or more remote issue;
in default of appointment, amongst all his children
equally, with cross limitations to the survivors, in
case of the death of any of the children under
twenty-one. Provisions for maintenance. Direc-
tions that unapplied surplus shall be invested to ac-
cumulate, and to be applied either for the benefit of
children during their minority, or paid over to them
on their coming of age. In case devisee for life
shall leave no children who shall survive testator
and attain twenty-one, then ultimate limitation to
the testator's right heirs. Also, power to grant
leases at rack-rent.

Bequest of one-third of residuary estate to which
testator is entitled under the will of a deceased
uncle, upon trust for the separate use of a sister of
testator for life, with power of appointment in
favour of her children; and in default of appoint-
ment, upon trust for her children absolutely, and in
case of no children, to go to testator's brother ab-
solutely. Proviso for determining sister's interest
in case she shall marry a particular person. Devise
of premises which testator holds as mortgagee in
possession in fee, and also of the mortgage-money
to his brother, subject to the subsisting equity of
redemption. Bequest of a bond debt for 7501. due 50.
from testator's brother-in-law to the wife. Power
for trustees to defer calling in debts owing to tes-
tator from his brother-in-law. Bequest of residue 51.
between testator's brother and sister in equal
shares.

Will of a brewer, by which he bequeaths his share (one
moiety) in the business and stock in trade to his son,
and appoints him as his successor in the partnership
firm, and his special executor as to the business.
Will of an attorney, in which he bequeaths his share
(one moiety) of the business to his son, and appoints
him as his successor in the partnership firm, with
power to adjust all partnership matters without the
interference of the executors.

Concise forms of various kinds of conditions, adapted
to bequests of real and personal estate.
Concise forms of various kinds of powers, adapted to
settlements of real estate.