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Jaka Bakey, South Shields, miller, at Thompson's, Durham; 14d in the pound.-John Tweddell, Stockton-upon-Tees, attorney at law, at Thompson's, Durham; 34d. in the pound. -James James, Salisbury, butcher, at Lambert & Norton's, Salisbury; 10d. in the pound.-Isaac Vince, Great Yarmouth, cordwainer, at Cory's, Great Yarmouth; 2s. in the pound.

The Right Hon. Sir Nicolas Conyngham Tindal, Kat., Lord Chief Justice of the Court of Common Pleas, has appointed Lawrence Smith, of Hurstperpoint, in the county of Sussex, and James Whitham, of Wakefield, in the county of York, Gents., to be perpetual commissioners for taking the acknowledgments of deeds to be executed by married women in their respective counties.

The days for opening the commission on the Northern Circuit are fixed as follows:

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Lancaster

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Durham

March 3

York.

Liverpool

Will be published, on February 1st, in one vol. 8vo.,

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5 16 3

6 19 11

60

65

4 13 6

1 13 6 210

2 13 11

The Rates for Life Policies are also lower than those of most other Offices.

The Sum accumulated for the [Security and Benefit of the Assured already exceeds £500,000; and the Income is now £101,500 per Annum. In addition to Assurances on Healthy Lives, this Society continues to grant Policies on the Lives of Persons afflicted with Asthma, Rupture, and other Diseases. The plan of granting Assurances on Unhealthy Lives originated with this Office in the early part of 1824. A Liberal Commission allowed to Solicitors.

Further Information may be obtained of

GEO. H. PINCKARD, Actuary,

No. 78, Great Russell-street, Bloomsbury, London.

SELECTION of LEGAL MAXIMS, classified and il- DISEASED AND HEALTHY LIVES ASSURED.

lustrated. By HERBERT BROOM, of the Inner Temple, Esq., Bayrister at Law.

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Fundamental Legal Principles.

Property: its Rights and Liabilities.
Rules relating to Marriage and Descent.

The Interpretation of Deeds and written Instruments.
The Law of Contracts.

Chap. 8. Maxims applicable to the Law of Evidence.

A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn.

THE NEW RULES and ORDERS in BANKRUPTCY

are now added to the Edition of the INSOLVENT DEBTORS ACT by J. A. HOLMES, Esq.. Barrister at Law, which forms a compiete Treatise on the Practice of the Courts. Price 48.

The NEW RULES and ORDERS may be had printed in a sheet to bind with any 12mo. Edition of the Statute. Price 9d.

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Edward Doubleday, Esq., 249, Great Surrey-street.
George Gun Hay, Esq., 127, Sloane-street.

J. Parkinson, Esq., F.R.S., 80, Cambridge-terrace, Hyde-park.
Benjamin Phillips, Esq., F.R.S., 17, Wimpole-street.

C. Richardson, Esq., 19, Bruton-street, Berkeley-square.
Thomas Stevenson, Esq., F.S.A., 37, Upper Grosvenor-street.
Robert Bentley Todd, M.D., F.R.S., 26, Parliament-street.
Alfred Waddilove, D.C.L., Doctors'-commons.

AUDITORS.

Joseph Radford, Esq., 8, Howley Villas, Maida-hill west.
J. Stirling Taylor, Esq., 14, Upper Gloucester-place, Dorset-square.
Martial L. Welch, Esq., Wyndham-place, Bryanston-square.
Standing Counsel-John Shapter, Esq., Lincoln's-inn.
Bankers-Messrs. C. Hopkinson & Co., Regent-street.
Solicitors-Messrs. Richardson, Smith, & Sadler, 28, Golden-square.
Department of Medical Statistics-William Farr, Esq., General Register
Office.

This Office is provided with tables, specially calculated, by which it can ASSURE DISEASED LIVES on EQUITABLE TERMS.

MEMBERS OF CONSUMPTIVE FAMILIES ASSURED at Equitable Rates. INCREASED ANNUITIES GRANTED ON UNSOUND LIVES, the amount HEALTHY LIVES are Assured at LOWER RATES than at most OTHER OFFICES.

HINTS on the STUDY of the LAW; for the Practical varying with the particular Disease.

Guidance of Articled and Unarticled Clerks seeking a competent Knowledge of the Profession. By EDWARD FRANCIS SLACK. Contents:-Preface.-Introductory Letter.-Hints; 1st, The Student's Object, 2nd, Time for Study,-3rd, How to Study, and what,-4th, Where to Study,-5th, Hard Points, how to solve them,-6th, How the Student may test his Learning and Skill.

John Crockford, 29, Essex-street, Strand, (Law Times Office).

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BOOTS.-T. GRUNDY, Bootmaker, 44, St. Martin's-lane, reLEATHER spectfully begs leave to acquaint the nobility, gentry, and the public, that he has introduced an entirely new process in the preparation of leather, whereby it is rendered most beautifully soft and pliable, and, at the same time, so much changed in its nature, as not to occasion that pain and inconvenience universally experienced in wearing new boots. They bear a most beautiful polish, requiring no blacking; they do not crack or become hard, and are perfectly waterproof, without checking the perpiration; are remarkably soft and pleasant to wear. Ease, elegance, and durability are combined in these boots. This leather is equally aitable for walking, dress, or shooting boots. T. Grundy earnestly solitits one trial, which will be convincing.

WRITING FLUID.

tion are not assurable in other Offices (see Prospectus, &c), and it is ascerOwing to the prevalence of disease more than two-thirds of the populatained that in several of the leading Assurance Societies in London 23 per cent., or more than one in five of the applicants, although ostensibly good lives, are rejected on medical examination.

Solicitors, being much connected with Life Assurance, have experienced this difficulty to a considerable extent, from the delay, and often perhalf of their clients. The Legal Profession has consequently freely patronmanent obstacles, occurring in loan and other money transactions on beised this Society, as it affords facilities not hitherto available in Assurance transactions.

THE SUCCESS that has attended the Office during the FIRST THREE YEARS is highly satisfactory, and there is every reason to believe, that, as its peculiar features and principles become more known and better understood, it will command an unusual amount of public patronage.

About THREE-FOURTHS of the POLICIES already issued by the Society rejected by other Offices, shewing the necessity which existed for an Asare on DISEASED LIVES, and a majority of these had been previously surance Society on the plan in question.

CAUTION to the Makers and Sellers of Imitations of STE- made.

PHENS'S PATENT BLUE WRITING FLUID.-A verdict of 2000 dollars, liable to be increased to 6000 dollars, having been obtained against parties who have been convicted of Selling Imitations of this article, in violation of the Patent rights of the inventor, in the United States of America, and several notices having been repeatedly issued to cantion persons against infringing those rights in this country, by making or selling this article, the Proprietor issues this as a Final Notice, which if disregarded, he will be compelled to institute proceedings at law against all who may be committing those illegal acts.

HENRY STEPHENS,

54, Stamford-street, Blackfriars'-road, London,

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CHEAP SELF-SNUFFING

wax, are now retailed throughout the country, at or under is. per lb. PATENT CANDLES, which burn, without snuffing, like the finest Patent Candles, this attempt being made, and with too frequent success, But care must be taken to prevent any imitations being passed off as the by some dealers, on account of the greater profit upon the imitations. The Trade may obtain them wholesale from Edward Price & Co., BelBont, Vauxhall; and Palmer & Co., Sutton-street, Clerkenwell.

No. 421-VOL. IX.

FEB. 1, 1845.

Price 18.-with Supplement 28.

The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:

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A QUESTION of considerable importance has been lately raised in bankruptcy, whether a solicitor, having a hen upon deeds of his client in his hands before the client's bankruptcy, is bound to give to the assignees inspection of the deeds. We are not aware that the point has been ever specifically decided*, though there are numerous decisions which bear very closely upon it. The general rule is, undoubtedly, that a solicitor has a lien for his costs upon papers of the client in his hands. This proposition is too clear to require a reference to any authorities. But the question is, what is the natare of the lien? Is it a mere right to refuse to part absolutely with the parchment, or is it a right to withhold knowledge of its contents? In a case in equity, (Brassington v. Brassington, 1 Sim. & Stu. 455), the plaintiff, Martha Brassington, filed a bill against her husband, to enforce a settlement made by him in contemplation of the marriage. The deed itself was in the possession of a person who held it as solicitor, on behalf of the executor of the solicitor who prepared it for the husband. It was, therefore, in effect, in the hands of the solicitor of the defendant, who had a lien upon it for his costs; and he, being made a witness in the cause on behalf of the plaintiff to prove the deed, refused to produce it. He was, however, ordered to produce it in the cause. The court said, "It would be very extraordinary if a deed by which property is conveyed were to be of no effect, because the party who executed the deed did not choose to pay his solicitor's bill. It may be reasonable that the husband, if calling for the deed for his own purposes, should not have access to it until the solicitor's claim was satisfied; but to refuse to produce it as a witness for the other party, cannot be justi

* Ex parte Caldecott, (Mont. 55), which we shall presently notice, does not decide it. C

VOL. IX.

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fied." This case is very like the one under discussion. The wife was a purchaser from the husband, as the assignees of a bankrupt are purchasers from him. It was manifest, also, in that case, (as it would be in a case between a solicitor and the assignees of his bankrupt client), that, if the solicitor was to be obliged, in every dealing between his client and a stranger claiming through him, to produce the deed so as to establish the stranger's rights, the whole force of his lien might be exhausted, because the whole virtue of lien is in general to compel the debtor to pay his debt, by depriving him, until he does so, of the means of satisfying those with whom he is dealing that he is possessed of given rights.

The case of Ex parte Caldecott (Mont. 55) seems consistent with Brassington v. Brassington. In that case, it appears to have been the opinion of Lord Lyndhurst, C., firstly, that a mortgagee cannot withhold inspection of the mortgage-deed from the assignees of the bankrupt mortgagor; and, secondly, that the mortgagee's solicitor could not refuse production of the deed to the mortgagor's assignees, on the ground of his lien against the mortgagee.

The determination on the first point does not necessarily affect the question of lien, because a mortgagee taking an estate is not deprived of his security by giving inspection of the deed. Generally speaking, his right is just as available after doing so as it was before; but, as it has never been decided that a solicitor's lien amounts to an estate in the lands comprised in the deeds, and as it has never been considered as more than a right of retainer of some kind, it is obvious, that, if the right of retainer does not extend to shutting out knowledge of the contents, as evidence of the owner's title, it is a right affording the slightest imaginable protection.

With regard to the right of a solicitor to retain his client's papers for costs incurred in the conduct of a

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suit, there seems to be this distinction: if the client discharges the solicitor, the solicitor's right, by way of lien, extends to refusing the use of the papers to the client through his next solicitor; (Lord v. Wormleighton, Jac. 580; Bozon v. Bolland, 4 My. & C. 159, per Lord Cottenham); but, if the solicitor refuses to continue to act, then, although he retains his lien in theory, he loses all the value of it in practice, being bound to give to the client the benefit of the use of the papers. (Colegrave v. Manley, 3 My. & C. 183).

being purchasers of the interest of the bankrupt in the papers.

There are numerous other cases on this subject; but those which we have cited represent the leading classes, and the result of them seems to be, that there is no very certain principle on which to proceed. If we might hazard a suggestion, it would be, that, in the sort of case under consideration, the doctrine of Brassington v. Brassington would prevail, and that a solicitor's lien on the papers of a bankrupt client extends only, as against The principle of these cases seems very distinct from the assignees, to the right of refusing absolutely to part that of the case first cited. In Brassington v. Brass-with them, and gives no right to refuse production and ington, and, we submit, also, in Ex parte Caldecott, the ground of the decision seems to have been, that the lien of a solicitor for his costs cannot be allowed to destroy, or, at least, neutralise, the effect of a deed, as a transfer of property, as against the rights of a third person claiming under the grantor.

inspection of their contents. But we conclude as we commenced, by stating, that we believe the point has not been determined; and the doctrine limiting the lien is so manifestly destructive of its whole value, that arguments addressed to common sense and policy would certainly not be wanting in favour of the more extended

The principle of the class of cases secondly referred | right. to, is one depending on the contract between the solicitor and his client, viz. that, on the one hand, the client shall not be permitted to induce his solicitor, by retaining him, to incur the outlay incidental to his employment of conducting a suit, and then to discharge him, depriving him of the best, indeed, perhaps, the only, security he can have for his costs; and, on the other hand, that the solicitor shall not, after leading his client into the middle of a suit, abandon him to his fate, and, at the same time, force him to immediate payment of his costs, or deprive him of the means of going on with the suit. The case of a solicitor whose client becomes bankrupt, and who has in his hands papers of the client on which he has a lien for his costs, appears much more similar in principle to Brassington v. Brassington, than to the cases upon the lien of a solicitor on the papers in a suit.

Correspondence.

TO THE EDITOR OF THE JURIST.

SIR,-Allow me to request you to correct an error of the press, which occurred in your last Number, in the heading to your review of my "Principles of the Law of Real Property." The work is not, as stated, by one John Williams, but by, Sir, your obedient servant, 3, New-square, Lincoln's Inn, 27th January, 1845.

JOSHUA WILLIAMS.

COURT OF QUEEN'S BENCH.

The court gave judgment in the following cases:Jan. 30.-Parnell v. Smith.-Rule absolute for new trial, unless the parties agree upon

a case.

Pitcher v. Vickers.-Refused.
Price v. Carter.-Rule discharged.

31.-Adams v. Adams.—Judgment for plaintiff.
Van Sandau v. Turner.-Judgment for plaintiff.
Reg. v. The Viscount and Gaoler of the Gaol of
Jersey. Rule discharged.
The return to be made in
ten days.

Cases selected from the Special Paper of Saturday,
February 1.

Graham v. Lynes
Vine v. Bird
Rance v. Dyball
Penny v. Gabriel

It has, however, been decided, that, where a solicitor is employed in a cause, and the client becomes bankrupt, although the assignees do not continue to employ him, he shall be bound to produce the papers in the Master's Office in the cause, but he will not be bound to produce them or deliver them up in any other mat- Jan. ter. (Ross v. Laughton, 1 Ves. & B. 349). The distinction here taken seems inconsistent with the principle of Brassington v. Brassington; for in Ross v. Laughton there could be no question of whether the solicitor discharged the client, or the client the solicitor. The client, by his bankruptcy, put an end to his interest in the suit by transferring it to his assignees. His interest in the papers and deeds in the suit was transferred to his assignees as purchasers. The right of the assignees to have the use of the papers could not, therefore, rest (as in Colegrave v. Manley, cited supra) on the contract between the solicitor and client, and must have rested, if it existed at all, upon the same ground as in Brassington v. Brassington,-that the lien of a solicitor shall not be allowed to affect the practical validity or efficacy of instruments formerly the client's, when the title to them has passed to purchasers. And if on this principle the positive part of the order in Ross v. Laughton was based, it is difficult to reconcile with it the subsequent part of the order in the same case; because the right of the assignees to have the use of the papers did not depend on their being parties to the suit, or on any implied contract between them and the solicitors, but on their

Findon v. M'Laren

Myers v. Parfelt
Harris v. Reynolds
Morris v. Cork
Guy v. Wright

IN THE EXCHEQUER CHAMBER.
(Error from the Queen's Bench).
FOR JUDGMENT.

King v. Simmonds
Reg. . The Company of Pro- Scott v. Wedlake & ors.
prietors of the Leicester- Newton v. Holford & ors.
shire and Northampton-Hodgson v. Repton, clerk
Dimes v. The Company of
Proprietors of the Grand
Junction Canal
Soanes v. Glyn, Bart., & ors.

shire Union Canal

FOR ARGUMENT.
Fullarton v. Mittelholzer
Downman v. Jones, (pt. hd.)

COURT OF COMMON PLEAS.

HILARY TERM.-8 VICT.-Jan. 29, 1845. This court will, on Thursday, the 13th day of February next, hold a sitting, and will proceed to give judgment in certain of the matters standing over for N. C. TINDAL.

the consideration of the court.

COURT OF EXCHEQUER.

HILARY TERM.-8 VICT.-Jan. 28, 1845. This Court will, on Monday the 10th day of February next, and on the following days, namely, Tuesday the 11th, Wednesday the 12th, Thursday the 13th, Friday the 14th, Saturday the 15th, Monday the 17th, Tuesday the 18th, Wednesday the 19th, Thursday the 20th, Friday the 21st, and on Saturday the 22nd days of the said month, hold sittings, and will proceed in disposing of the business then pending in the New Trial and Special Papers. BY THE COURT.

Read in court, SAMUEL DARE, Master.

GENTLEMEN CALLED TO THE BAR.

SPRING CIRCUITS.

MIDLAND CIRCUIT.

Before Sir N. C. TINDAL, C. J., and MAULE, J.
Northamptonshire, Monday, March 3, at Northampton.
Rutlandshire, Friday, March 7, at Oakham.
Lincolnshire, Saturday, March 8, at Lincoln.
City of Lincoln, same day.

Nottinghamshire, Thursday, March 13, at Nottingham.
Town of Nottingham, same day.

Derbyshire, Monday, March 17, at Derby.
Leicestershire, Saturday, March 22, at Leicester.
Warwickshire, Coventry Division, Wednesday, March
Borough of Leicester, same day.
26, at Coventry.

Warwick Division, Saturday, March 29,
at Warwick.

OXFORD CIRCUIT.

Before Sir F. POLLOCK, C. B., and PLATT, B. Berkshire, Saturday, March 1, at Reading. Oxfordshire, Wednesday, March 5, at Oxford. Worcestershire, Saturday, March 8, at Worcester. City of Worcester, same day, at Worcester. Staffordshire, Thursday, March 13, at Stafford. Shropshire, Saturday, March 22, at Shrewsbury. Herefordshire, Thursday, March 27, at Hereford.

The following Gentlemen have been admitted to the Monmouthshire, Saturday, March 29, at Monmouth. degree of Barrister at Law:

LINCOLN'S INN, Jan. 29.-Augustus Robinson, Esq., of Balliol College, Oxford; Thomas Yate Lee, Esq., of University College, London; William Sidney Gibson, Esq.; Edward Buckle, Esq.; John Colpitts Dean, Esq., of Christ College, Cambridge, M.A.; James Lea, Esq., of Worcester College, Oxford, M.A.; Cornwall Simeon, Esq., of Christ Church, Oxford, M.Á.; Alexander Perceval, Esq., of Trinity College, Dublin, M.A.; James Shank, Esq.

GRAY'S INN, Jan. 29.—George Baker Ballachey, Esq.; William Redfern, Esq.

NEW JUDGE.-Thomas Joshua Platt, Esq., of the Inner Temple, Queen's Counsel, and of the Home Circuit, has been appointed one of the Barons of the Exchequer, vice Mr. Baron Gurney, resigned. On the 28th January he was called to the degree of Serjeant at Law, and on the same day took his seat on the Bench in the Court of Exchequer. He was called to the Bar by the Honourable Society of the Inner Temple, in Hilary Term, 1816.

Henry John Shepherd, Esq., Queen's Counsel, of the Oxford Circuit, Recorder of Abingdon, has been appointed one of the Commissioners of Bankrupts, vice Sir C. F. Williams, deceased. Mr. Shepherd was called to the bar in 1809, and was formerly a Commissioner of Bankrupts.

The Queen has been pleased to appoint Edmund Murray Dodd, Esq., to be her Majesty's Solicitor-General for the Province of Nova Scotia.

Gloucestershire, Wednesday, April 2, at Gloucester.
City of Gloucester, same day, at the City of Gloucester.

NORFOLK CIRCUIT.

Before PATTESON, J., and PARKE, B.
Buckinghamshire, March 10, at Aylesbury.
Bedfordshire, March 15, at Bedford.
Huntingdonshire, March 19, at Huntingdon.
Cambridgeshire, March 20, at the County Courts, Cam-
(On account of Good Friday falling on the 21st, no bu-
bridge.
siness will be done, either on Crown or Civil Side,
until the 22nd.)

Suffolk, March 27, at Bury St. Edmund's.
Norfolk, April 2, at the Castle of Norwich.
City of Norwich, same day, at the Guildhall.

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SOUTH WALES.

The Queen has been pleased to appoint Francis Hart Dyke, Esq., to be her Majesty's Procurator in all causes Before CRESSWELL, J., who will meet WILLIAMS, J., at and matters Maritime, Foreign, Civil, and Ecclesiastical, in the room of Iltid Nicholl, Esq., deceased.

The Right Hon. Sir Nicolas Conyngham Tindal, Knt., Lord Chief Justice of the Court of Common Pleas, has appointed Edward Hanscomb, of Ampthill, in the county of Bedford, Gent., to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women.

Chester.

Glamorganshire, Feb. 27, at Swansea.
Pembrokeshire, March 8, at Haverfordwest.
Cardiganshire, March 12, at Cardigan.
Carmarthenshire, March 15, at Carmarthen.
Brecknockshire, March 22, at Brecon.
Radnorshire, March 26, at Presteign.
Cheshire and City of Chester, March 29, at Chester.

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