and that he had made out his case and ought and the work concludes with the principal to have his costs. The bill was dismissed with Statutes, and an abundance of Practical costs, as to so much of it as related to the bond for 20007.; and a decree was made, with 'costs, as to the remainder of the suit. REVIEW. J. t The Practice of the Superior Courts of Law in Personal Actions and Ejectment, &c.; so far as it is altered, or affected by the late Statutes for the Amendment of the Law, &c., and the Rules of Court, and Decisions thereon: arranged in the order of the Ninth Edition of Tidd's Practice with an Appendix of Statutes, Rules of Court, and Practical Forms. By William Tidd, Esq., Barrister at Law. London: Saunders & Benning, and H. Butterworth. Forms. Mr. Tidd has very conveniently arranged these new and important materials in the order of the last edition of his original work. We scarcely need say that he has bestowed on this publication the same care, and displayed the same extensive and accurate knowledge of his subject, bringing the information down to the moment of publication, which has distinguished all his former editions The outline we have thus given, may perhaps sufficiently shew the scope of the volume; but we shall add a brief statement of the subjects of each Chapter, especially as they will shew in what respects the Legislature has altered the Law and Prac tice of the Courts. 30. The Issue. 2. 16. Removal of 17. Declara 29. 1. Actions, and the Time limited for their Commencement. OUR readers are aware that there are three Officers of the Exchequer; Holidays; Fees, Supplements to Mr. Tidd's Practice. The &c. [The Chapters of the original Practice present publication, though containing mat- in which no alteration has been made, are ter arising subsequently to the last Supple- not repeated.] 4. Personal Actions-Summent, may be considered as a new and mons and Distringas. 7. Capias and Outseparate work, comprising all the recent lawry. 12. Appearance and Bail. 13. ProStatutes and Rules of Court, with the deci-ceedings against the Sheriff. 15. Proceedsions thereon. The last, which was the ings against Prisoners. ninth edition of the author's General Prac- Causes from Inferior Courts. tice, was published in Trinity Term, 1828. tions. 18 Imparlance and Pleading. 20. 22. Writs of InThe first Supplement comprised the Ad- The Interpleader Act. 25. Bringing Money ministration of Justice Act, and the deci-quiry. 24. Venue. 26. Abatement, Non-joinder, sions down to Michaelmas 1830. The se- into Court. cond Supplement, in Hilary Vacation, 1832, and Misnomer. 27. Pleas in Bar. contained the New Rules just then issued; Amending Fines and Recoveries, and Va33. Trial of Is34. and the third Supplement followed the Uni-riances. formity of Process Act, with the New Rules sues under the Law Amendment Act. thereon, and appeared in Michaelmas 1832. Jury Process, and Costs of Special Juries. The object of the present volume is to 35. Examination of Witnesses on Interropoint out the alterations made by the seve-gatories, Admission of Documents, and Eviral Acts passed, and the Rules of Court dence of Interested Witnesses. 37. Interest on Debts. made since the Administration of Justice tration. Act, with the decisions It therefore in- mediate Judgment and Execution. 40. cludes the Acts for speedy Judgment and Costs. 41. Executions and Sheriff's LiExecution (1 W. 4. c. 7); Prohibition and ability. Mandamus (1 W. 4. c. 21); Examination of Witnesses on Interrogatories (1 W. 4. c. 22); Interpleader (1 & 2 W. 4. c. 58); Prescription (2 & 3 W. 4. c. 71); Tithes (2 & 3 W. 4. c. 100); Limitation of Real Actions (3 & 4 W. 4. c. 27); Law Amendment (3 & 4 W. 4. c. 42); and Amendment of Process Act (3 & 4 W. 4. c. 67). There are also other Acts incidentally noticed, as to Written Memoranda, Variances, Carriers, and Tender of Bank Notes. The third Supplement, which contained the Process Act and Rules, being nearly out of print, is incorporated into the present publication; 36. Arbi 39. Im 45. Ejectment. 46. Prohibition and Mandamus. Our readers will, by this catalogue, perceive at one view the numerous and important changes which the Practice of the Common Law Courts has undergone, and from thence may form some notion of the labor of Mr. Tidd in stating the precise extent of all these alterations, arranging them under their appropriate departments, and bringing all the decisions to bear on each respective point. This has been done with great pains and excellent method; and it is with some satisfaction we perceive that the labors of our own able Reporters in the Superior Courts have not been overlooked, for in almost every page | case it was holden, that a tender in a Liverpool tracted. bank bill of exchange was good, if not specially objected to; but, in a subsequent case, the tender of a Bristol bank bill was holden not to be good, although the party made no objection as to the form of the tender.g And now, by the statute 3 & 4 W. 4. c. 98. § 6, it is enacted, that from and after the 1st day of August, 1834, unless and until parliament shall otherwise direct, a tender of a note or notes of the Governor and Company of the Bank of England, expressed to be payable to bearer on deexpressed in such note or notes, and shall be mand, shall be a legal tender, to the amount taken to be valid, as a tender to such amount, for all sums above five pounds, on all occasions on which any tender of money may be legally we find references are made to the Volumes of the Legal Observer, either as comprising the same case (where it first appears) or as containing the sole report on the subject. It is impracticable, as we have often had occasion to observe, to deal with Law Books in general (and we may say, with a Book of Practice in particular,) in the manner of a literary review. We can rarely find an opportunity to extract a sample of the author's labors, or his style of writing. We are reluctant, however, to dismiss the valuable book before us without some further notice, and proceed therefore with a few particulars which appear useful to be ex-made, so long as the Bank of England shall continue to pay on demand their said notes in The first Chapter contains an able outProvided always, that no such legal coin. note or notes shall be deemed a legal tender of line or summary of Real and Mixed Ac-payment by the Governor and Company of the tions, which was prepared by the author Bank of England, or any branch bank of the upwards of thirty years ago, and is now said Governor and Company: but the said published with additional references, not Governor and Company are not to become only to shew what the law respecting these liable, or be required to pay and satisfy, at actions formerly was, and for what purposes Company, any note or notes of the said Goany branch bank of the said Governor and they were intended, but also as it may throw some light on the late Act for the able at such branch bank; but the said Governor and Company, not made specially payLimitation of Actions and Suits relating to vernor and Company shall be liable to pay and Real Property, and particularly the 36th satisfy, at the Bank of England in London, all clause, by which they are all, with few ex- notes of the said Governor and Company, or ceptions, to be abolished after the 31st De- of any branch thereof.'" cember next. It is also observable, that by the 37th and 38th clauses actions may be brought in certain cases until the 1st June, 1835, or even after that period. "The privileges of an attorney to sue, in his The alteration in the Law of Tender is own Court, by attachment of privilege, in the thus stated: "Before the statute 3 & 4 W. 4, c. 98, the tender should regularly have been made in lawful money of England; which is of two sorts, viz. English money, coined by the King's authority, or foreign coin, made current by his royal proclamation within the realma; the latter was considered as a good tender b; and though bank notes were not made a legal tender, by the statute 37 Geo. 3. c. 45 c, yet a tender in bank of England, or country bank notes, was good, unless specially objected to on that account at the time.d The same doctrine was applied to a draft on a bankere; and in one a Co. Litt. 207. b Wade's case, 5 Co. 114. b. e Grigby v. Oakes, 2 Bos. & P. 526; and see stat. 56 Geo. 3, c. 68, § 11. by which gold coin was declared to be the only legal tender. a Wright v. Reed, 3 Durnf. &. E. 554. Brown v. Saul, 4 Esp. Rep. 267, Per Lord Ellenborough, Ch. J. Saunders v. Graham, Gow, 121. Per Dallas, Ch. J. Polglass v. Oliver, 2 Cromp. and J. 15; 2 Tyr. Rep. 89, S. C. e Per Buller, J., in Wilby v. Warren, Sit. The Privileges of Attorneys, as they remain after the late alterations, are noticed as follow: King's Bench and Common Pleas, or by capias bill in all the Courts, are taken away by this stat. of privilege in the Exchequer, and to be sued by [2 W. 4. c. 39.] But he still retains his privilege of freedom from arrest; it being declared by the act, that nothing therein contained shall subject any person to arrest, who by reason of any privilege, usage, or otherwise, may now by law be exempt therefrom.' An attorney, therefore, can only be sued by serviceable process, viz. by writ of summons: It is supposed, however, that he still retains the privilege of being sued in the Court of which he is an attorney; and that there is nothing in the act, Mid. after M. T. 28 Geo. 3. K. B. Tidd. Prac. 9 ed. 187 (m). f Lockyer v. Jones, Peake Cas. Ni. Pri. 180, n. g Mills v. Safford, id. ib. ; and see Polglass v. Oliver, 2 Cromp. & J. 15. 2 Tyr. Rep. 89, S. C. And for the doctrine of tender in general, and in what cases it is, or is not allowed, at common law, or by statute; at what time, by and to whom, and in what manner it should be made; and when and how it should be pleaded, &c., see the 1st Supplement to Tidd. Prac. 9th ed. p. 10, &c. Review: Tidd's Practice; West's Bookkeeping. to take away his privilege of laying the venue in Middlesex, when he is plaintiff." Where there has been no express decision on a point of Practice, Mr. Tidd cautiously guards his statement of it, by the words "it is said," or "it seems:" so that the exact state of the question may always appear. Thus, in mentioning the rule with regard to the date and teste of writs of summons, viz. "that every writ issued by authority of the act shall bear date on the day on which the same shall be issued," he says, "The writs of exigent and proclamation, however, appear to be exceptions to this rule. And the statute seems to have superseded the necessity of the officer's setting down, upon the writ or process for arresting the defendant, the day and year of his signing the same, as required by the statutes 5 & 6 W. & M. c. 21. s. 4, and 9 & 10 W. 3. c. 25. s. 42; and see stat. 6 G. 1. c. 21. s. 54. Tidd Prac. 9th edit. 158." From the Chapter on Writs of Trial under the Law Amendment Act, we give the following extract, as containing some directions not commonly known in practice: cases; 217 Issue before the Judge of the Sheriffs' Courts in London, where trials may take place, as well as before the Undersheriff. In other cities and counties, not having Sheriffs' Courts, it was supposed that the trial could take place only before the Sheriff, or his Assessor, or Undersheriff: but the Judges, we understand, have just determined that writs of trial may now be directed to the Judges of Local Courts of Record, as well as the Sheriffs. Mr. Tidd says, "It has been said, that this writ should be, as well to try the issue or issues joined between the parties, as to assess the damages which the plaintiff hath sustained, in case the issue, or issues, shall be found for him; but there does not seem to be any ground for this objection; as the writ is framed in the language of the act, and seems to be good, by analogy to trials at nisi prius, where the jury process is awarded and issued, and the jury sworn, to try the issue or issues generally; and the assessment of damages follows of course, on their finding a verdict for the plaintiff." A System of Book-Keeping, adapted to the use of Solicitors. By John West, Solicitor. London: Richards. "The writ of trial is engrossed on parchment; and signed, sealed, and issued, in like manner as the writ of inquiry in ordinary LAWYERS are generally reported to be bad and should be delivered to the sheriff, accountants, and we believe there may be two clear days at least before the time ap- some foundation for the statement; though pointed for its execution, folded up, and indorsed with a statement of the Court in which we know that many of them are most skilthe action is brought, the names of the par- ful and regular in the art and mystery of ties, nature of the writ, and time and place book-keeping. The report, which is not a when and where the issues are to be tried, spe- little prejudicial, has probably originated in cifying the hour of the sitting of the Court their desire to simplify the record of their precisely; and the sheriff will thereupon sum-transactions, and their disdain of the multimon a jury, for the execution of the writ. Previously to its execution, however, a notice of trial should be given to the defendant, if he appear in person, or otherwise to his attorney; which should, it seems, be such a notice as he would have been entitled to, in case the issue or issues were to be tried before a Judge at nisi prius. This notice should state the hour of the sitting of the Court precisely, as indorsed on the writ; and, before it is given, the hour should be settled at the sheriff's office, to prevent the inconvenience of detaining the jury for a considerable time, with the uncertainty of the appearance of the parties: and if either party propose to attend by counsel, he should give notice thereof to his adversary, or he will not be allowed for it in costs." "In_entering_the proceedings on the roll, the rule or order of the Court or Judge should be stated, as a foundation for the award of the writ of trial; and the sheriff's return thereto should be entered, to authorize the judgment: but this need not be done, before the issuing of the writ of execution." Amongst the Practical Forms is that of the Judge's Order directing the Trial of the plicity of books which are adopted by professed accountants. Perhaps, also, there are not a few practitioners who, in the hurry of business, neglect any thing like regular entries of their receipts and expenditure, and other transactions of business. Some, we believe, are content with their banker's book, their clerk's disbursement book, and a day or attendance book, from which they make out their bills of costs, which are kept in drafts. In these instances the machi nery of journals, ledgers, and cash books, are held to be useless things. Mr. West, the author of the System of Book-keeping now before us, has put together some materials from which the young solicitor may select a few profitable hints; and we proceed to make such extracts as will afford an opportunity of judging of the merits of the author's plan. "The neglect of a regular system of accounts in the profession of the law, and that system correct, is frequently the cause of the 218 Review: West's Bookkeeping.-Selections from Correspondence, No. XXXIX. greatest mischief. It is utterly impossible for the conduct of such business, however small, for any length or period, without a full and fair, correct, yet simple, account of the trans- | actions. I have known (and I speak of my own knowledge) of young men of the highest prospects brought to utter ruin, solely from the neglect of having the transactions of their office entered into proper books; and this, not from the want of inclination, but the method or ability of doing so. above, when he comes to put this system into practice It is what I follow, and certainly shall follow until I learn a better. The advantages I derive are very numerous. It saves infinite trouble in the drawing of bills of costs. A lad, with little or no knowledge of the law charges, will, from a Journal only, be enabled to prepare the drafts for settleinent by the principal. It may be done without reference to the papers themselves, or the Cause Book. It operates as an immediate direction for an "A careless, inattentive disposition to these outlay of surplus cash, or retrench expendimatters begets a name which years of indus-ture, by a calculation of a few minutes. It try and perseverance may fail to remove. On prevents invariably a sudden insolvency. the other hand, mark the advantages which "The first thing necessary to have the may accrue to him who is but moderately reader's attention drawn to, is this simple mindful of his own accounts. An adept in rule: Never leave your office, or suffer your the settlement of disputed accounts frequently clerks to do so, until the whole business of the earns an attorney a more lasting reputation day is entered into your Day Book. Rememthan his other capacities. I have remarked, ber, the omission of one attendance per day, too, that they who accustom themselves to of 6s. 8d., amounts to 104/. in the year. How enter every disbursement of their cash, how-careful should he be, therefore, that not one ever small or great, and who do it systematic-attendance per day is lost. In the best regually and correctly, are less liable to wanton lated offices it may happen that items are ocexpenditure than those who are otherwise. casionally omitted. This omission, depend Were this the only object to be obtained upon it, will amount to more than a clerk's thereby, it would a thousand-fold repay for the salary in the course of the year. My practice trouble and time it occupied in entering." is, to have the Day Book open for the clerks upon their own desk, and have every item or attendance entered as made by them and the principal. At the close of the day, therefore, neither clerks nor principals need be delayed. Having thus established the necessity of a proper system of book-keeping, the author proceeds to shew how the method adopted in commercial affairs may be ap plied to those which are professional. "On the same day, and with the same kind of books, let the attorney prepare a case for the opinion of counsel. He enters his attendances, his drawing and engrossing of the case, in his Day Book, which should have ruled lines on the right hand side of the leaf, for the cash he expends; and for another client he commences an action, the entries of the transactions of which he makes in like manner. "He posts into his Journal, under the head of each client, from his Day Book, the respective transactions. This book should be ruled with double columns; the first column of which should contain the sums disbursed in the progress of the suit, as taken from the Day Book; and the second column, the charges to be made upon the client, and which answers for a draft bill of costs. "There are many gentlemen in the profession who do not think it necessary to have a Journal, or as it may be called more properly, a Post Book;" instead, therefore, of posting each account under its particular head, they make reference to each succeeding item by noting the page in which that next item is to be found. It takes considerable time to post the Day Book in this form and keep it exact,-indeed, nearly as much as what it would in posting it into the Journal; and when the conveniences of both are weighed, they have no comparison, the two books being, in my humble opinion, infinitely preferable to the one. only mentioned, to enable the young practitioner to make his own choice." This is We refer to Mr. West's book for various other observations in detailing his plan, and for the examples of the manner of keeping each of the books which he recommends for "Well, then, the Day Book comprises ge-adoption. nerally all transactions, with the expenditure; and the Journal comprises the same respectively, with the expenses of that individual client, and the charges to be made upon him. By deducting the payments in the latter book from the charges, which stand together, he is at once informed of the profits of each particular case. The Ledger shews what cash has been paid by each party, and what is due; and the Cash Book, of the increase or diminution of capital. There is therefore no variation between the two systems, as here laid down. "The reader, I feel satisfied, will be more fully convinced of the correctness of the SELECTIONS FROM CORRESPONDENCE. LIMITATION OF ACTION.-RENT. Has not P-e (p. 27, Number 179) in his wish to reconcile the 3 & 4 W. 4. c. 42, with c. 27, fallen into the mistake of supposing that c. 42 prescribes a limit to the period Selections from Correspondence, No. XXXIX. 219 A termor cannot support a real action (Runnington, 21), and in ejectment cannot recover the estate, but the possession only: he is liable to waste, unless rendered unimpeachable by express words. 4 Bar. 129. within which the right to rent may be estab- | occupy) it, and to apply the produce to his lished? That is certainly one of the objects own use. of c. 27; see section 2; and c. 42. s. 3, seems intended to apply to the obtaining payment. The action there mentioned is an action of debt. If this be so, there is a manifest inconsistency between the two acts, as far as concerns arrears of rent reserved by deed. But there does not appear to be any doubt as to the law. Sect. 45 of c. 27 provides that that act may be altered during the same session of parliament; and c. 42. s. 3, has altered it, by allowing twenty years arrears instead of six years to be recoverable, where the demise is by indenture, and the remedy adopted is by C. A. action of debt. ESTATE SUBJECT TO A TERM. To the Editor of the Legal Observer. A writ of execution upon a judgment recovered by a termor is "habere facias possessionem;" by a person recovering the freehold or inheritance "habere facias seisinam." Jac. Law Dict. 5. An estate subject to a term cannot be conveyed by grant, because it lies in livery; but may be and is daily conveyed by feoffment, or by lease and release. I submit these remarks with much defer ence. You were so obliging as to insert (Vol. 6. p. 399) my observations questioning the validity of a modern mortgage in fee with power of sale. I should have been much gratified to have found in your pages the removal or confirmation of my doubts. A. E. I. The language of our law books and conveyancers would lead the profession to the conclusion that an estate subject to a term is an estate in remainder expectant on a term. Co. Litt. 49 a, 332 a; and a most eminent conveyancer speaks of the freehold and inheritance expect- THE REPEAL OF A PORTION OF THE USURY ant on a mortgage for years. Watkins, by Preston, 136. LAWS. To the Editor of the Legal Observer. This erroneous notion appears to have given rise to Doe v. Finch, 4 B. & Ad. 283, which decides that a tenant in tail subject to a term I beg the favour of asking some of your of 500 years is tenant in possession, not in re-readers to inform ine how it happened that the mainder, and that a fine was well levied by 7th clause in the 3 & 4 W. 4. c. 98, which afhim. The learned counsel who contended fects the community at large, was introduced that such an estate was not a reversion, is re-into an act professedly passed for a specific ported (p. 279) to have spoken of it as "the object—and whether the section in question reversion expectant on a term of years." bears a prospective or retrospective construction. Indeed, the latter question I wish answered for the benefit of a professional friend; and the first question, I hope, will elicit a profitable discussion on the practice of introducing at midnight, or early in the morning, when many members are absent from the House, some of the most important clauses into our acts of parliament, of which nobody appears to be apprized but the parties concerned, until some pinching evil occurs. Then comes the inquiry, how is this managed, seeing that every act of parliament carries with it a tremendous power of effecting good or evil. The following practical points, in addition to those stated in the argument and judgment, appear to negative the assumption that an estate subject to a term is a remainder. 1. A term is a mere chattel interest, may commence in futuro, cannot support a remainder as its particular estate; for it is not a prior estate, but a concurrent interest, issuing out of the inheritance. It is no part of the inheritance, descending to personal representatives under testacy, and vesting in the ordinary under intestacy. An estate of freehold only can support a remainder which must commence in præsenti. 2. A widow is not dowable out of a remainder, but is entitled to dower out of an estate subject to a term (with a cesset executio), because it is an estate in possession. 3. A tenant in tail in remainder expectant upon an estate for life, cannot alone make a tenant to the præcipe for suffering a recovery, but a tenant in tail in possession subject to a term can, because he has the immediate freehold. 4. A man is not scised, but possessed of a term (being not an estate but an interest only), but he is seised of an estate of freehold or inheritance. A term gives a man no estate in land-it merely gives him a right (by the possessory action of ejectment) to possess (or AMBULATOR. PAYMENT OF DEBTS OUT OF REAL ESTATE. Sir, The act of the 3 & 4 W. 4. c. 104, intituled "An Act to render Freehold and Copyhold Estates Assets for the Payment of Simple Contract Debts," having, since the 29th of August last, come into operation, it would seem, the consequences thereof on a title of a testator's property to a purchaser, will impose on the vendee's solicitor the necessity of his being satisfied that the testator's debts are paid; for by reference to such act, the words |