expence of the defendant, or he must deliver up the original, on the defendant paying the costs which were incurred in procuring it.Rule absolute. Evans v. Delegal, H. T. 1836. Excheq. JUDGMENT AGAINST CASUAL EJECTOR.-VARIANCE BETWEEN DATE AND TITLE OF DECLARATION. A declaration in ejectment having been dated Aug. 1, 1835, but entitled 6 Will. 4. was held to be sufficient, and a rule for judgment against the casual ejector issued thereon. This was a motion for judgment against the casual ejector. The declaration was dated Aug. 1st, 1835, but was entitled 6 Will. 4. in stead of 5 Will. 4. The notice was to appear in the Michaelmas Term next ensuing. The Court decided, the tenant could not be misled in the title of the declaration, and the rule might therefore issue.-Rule granted. Doe dem. Smithers v. Roe, H.T. 1836.— Excheq. Registration of Voters. Election Expenses. Turnpike Roads Consolidation. Consideration of Reports. Registration of Aliens. Bills to be brought in. Offences against the Person. Costs and Actions of Private Companies. Recovery of Tenements. Answers to Queries.-Queries. ANSWERS TO QUERIES. Common Law. LORD OF MANOR. P. 408. 487 could do anything, the lunatic having no property. The only doubt I have, is, whether the possession of the younger brother's son would be deemed adverse before the act, because, if not, s. 15 allows five years after the act, as regards any case where the nature of I have always understood that the lord, being the possession is changed by the statute. This the chancellor of his own court, can preside act makes the possession of a younger brotherein whenever he pleases; and that his pre- ther adverse to the heir, thereby changing the sence renders unnecessary the interference of nature of the possession. If T. * S. can find an homage. In Co. Copyholder, s. 44, it is a case which would establish the possession observed, "that the lord's authority consisteth not adverse before the act, I think, before the in admitting tenants to their copyhold estates; five years expire, an ejectment might be mainwhich he may do either upon voluntary grants, tained; but I do not see that the lunatic's surrenders, and upon descent, in any place he brother could do so until he is authorized by pleaseth, as well out of the manor as within law. T. S. does not say whether the luit," unless there is a special custom to the con-natic is under the protection of the Court; if trary. On the other hand, a steward can only he is, I should think an application would be hold a court baron within some part of the advisable. Of course this depends upon estamanor, usually the manor-house, and in the blishing that the possession was not considered presence of an homage consisting of two free-adverse before the act. holders. ASPIRO. LIBERTY.-USAGE. P. 328. In answer to the above query, see Rex v. Mayor and Corporation of Wells, K. B. P. C. H. T. 1836. The Court granted a mandamus, calling on defendants to hold a Court for Recovery of Debts of limited amounts. The Court had been granted by charter, and it was proved it had not been held for upwards of 200 years notwithstanding this, the Court said that it was evidently intended for public benefit, and could not be extinguished. See also, a case cited in support of the above, where a rule was made absolute for a mandamus to hold a Court under a charter, after a lapse of 52 years. S. P. Law of Property and Conveyancing. DESCENT. P. 408. The daughter is entitled. Before the late statute, a child of the half blood could not inherit of a child of the whole blood; but by that act the half blood is let in on default of the whole blood. The following words occur in s. 9:-" So that the brother of the half blood, on the part of the father, shall inherit next after the sisters of the whole blood, on the part of the father and their issue." The descent is to be traced from the brother of the purchaser. SPES. QUERIES. Law of Attorneys. W. B. J. ARTICLED CLERK.-SERVICE. I should feel particularly obliged if any one of your numerous correspondents would give me an opinion on the following quære: A. is clerk to B., under articles not yet expired. B. lately resided at X., at which place he was articled, and where he first began to practise, and continued to do so for several years. A gentleman in a neighbouring town having determined to dispose of his practice (comprising several permanent clerkships to justices, &c.), it was taken by B., who removed there. B., however, continued his office open at X., and A. has been placed there, only occasionally going to the present residence of B. X. is a market town, and B. attends regularly on market days, besides very frequent visits on occasions of business, the assizes, quarter sessions, &c. There is a constant communication kept up between the two offices, business being sent from one to the other for completion and examination. Will the service of A., in this manner, under his articles, be a good service, under the several statutes and rules relating to articled clerks? W. S. DESCENT.-STATUTE OF LIMITATIONS. It is very evident that the eldest son of J. had a right of entry upon the death of his father. His right having accrued at that time, I should think the adverse possession of the son of the younger brother effectually bars the right of the eldest son of J., it being upwards of 40 years, in which case his incompetency does not apply. See s. 17, 3 & 4 Will. 4, c. 27. I cannot see that the brother 488 Queries-The Editor's Letter Box. Law of Property and Conveyancing. MORTGAGE STAMP. Some years since, J. G. mortgaged Black Acre in fee, with powers of sale, to 7. R., for securing 3001. He has now borrowed of T. R. a further sum of 2501., and proposes to secure the same by mortgaging White Acre (with powers of sale), and further charging Black Acre by the same deed, which contains a declaration that the powers of sale, as to Black Acre, for securing the original 300., shall extend to the 250%. now advanced, and that the several premises shall not be redeemable until both debts are paid off. By the last clause but one in schedule to 55 G. 3, c. 184, head " Mortgages," it would seem that the deed, the subject of this transaction, is liable to a 358. stamp in addition to the ad valorem duty. It contains 49 folios; and I entertain a doubt whether, under the last clause in the said schedule, it is or not liable to two 20s. followers. It will be observed, if the collateral matter had been contained in a separate deed, then the instrument in question would have been under 45 folios, and consequently liable to a 20s. duty only. H. After a tenant has quitted possession of a house, &c. leaving above 201. rent due, can the landlord make an affidavit, and arrest for it, the same as for a debt, or must serviceable process be issued? In Chitty's Forms an affidavit to arrest for rent is given. However, so long as there are goods on the premises, I believe it would not be legal to arrest the tenant; and whether, after he has given up possession and left a balance due, the landlord would be right in proceeding by arrest, appears to me doubtful. S. W. RENT. CO-PROPRIETORS. Where there are four landlords, tenants in common, can one of them proceed alone in his own name for his share of the rent, or must they all join? S. W, Practice. PROCESS.-TESTE. at The In the form given in the Schedule to the Uniformity of Process Act, the teste to the writ of summons ends thus: "Witness Westminster, the day of form of the writ of distringas goes further, and says "in the year of our reign." The writs of capias and detainer are tested like the writ of summons. Tidd, in his Appendix of Practical Forms, 1832, concludes the teste with the words "in the year of our reign," as in the distringas. Most of the common printed forms omit the year of the reign, and simply give the year of our Lord. Which is the correct form? or should not, or may not, both the year of our Lord and the year of the reign be inserted? W. F. F. THE EDITOR'S LETTER BOX. It is quite clear that an attorney of any one of the three Common Law Courts may be admitted in the other Courts without examination. The 4th section of the new rule directs that persons "not previously admitted an attorney of any of the three Courts, and desirous of being admitted," shall give notice of examination, &c. It is unnecessary, therefore, to insert the letter of C., who very properly protests against examining attorneys already admitted. The statement in some of the newspapers on this subject must have been inserted by way of joke. We think that a correspondent has no just ground for complaining of the mutilation of his letter. We are open, we fear, to the charge of too much leniency, rather than too much severity, in our editorial duty. We cannot undertake to answer the question of J. G., and can only give publicity to points of law. The same reply is applicable to "A Subscriber," regarding Law Stationery charges. We recommend a correspondent, regarding the Petition of the Incorporated Law Society, to apply to the Secretary personally. We presume "Fi. Fa." does not expect his letter to be inserted. We thank him for the trouble he has taken. We thank a correspondent in Montgomeryshire, for his suggestions respecting the Articled Clerks' Manual. In answer to an "Inquirer," we recommend Gilbert on Uses, by Sugden, if Sanders cannot be procured, or such part of Cruise's Digest as relates to Uses and Trusts. We have been favoured with a Report of a Lecture, but were previously in possession of the original MS. The Queries and Answers of M. A.; J. G. ; W. B. J.; H. B.; and W. F., have been received. The Legal Observer. SATURDAY, APRIL 30, 1836. "Quod magis ad NOS HORAT. THE EVENTS OF THE TERM. THE present Session of Parliament promises to be an interesting one, in a legal view. The bills for altering the judicial arrangements of the Court of Chancery and the House of Lords, the Ecclesiastical Courts Bill, the bills founded on the Third Report of the Real Property Commissioners, and the bill for consolidating the Stamp Acts, are all important measures; and besides these there are several other bills, the state of which may be seen by our weekly list, which are intended to effect considerable alterations in the law. The vacancy in the Master's Office, occasioned by the death of Mr. Trower, is not yet filled up; and, in the meantime, there is no want of speculation as to his successor. It has been said, that a proposal was made to the Government to appoint one of the Judges of the Court of Review to this office; but whatever reason there may be for the alteration, if not the abolition of that Court, this would, as it appears to us, be a clumsy mode of effecting it. Besides, it is to be remembered that two of the learned Judges in Bankruptcy were taken from the Common Law Courts, and that it has been quite unusual to appoint to the situations of Masters in Equity, gentlemen who have practised in those Courts; and that there are good reasons for not removing the only Equity Judge from the Court of Review. Mr. Senior, Mr. Duckworth, Mr. Lynch, and some other gentlemen of the Equity bar, have also been named for the office; and VOL XI. NO. 330. we really believe that there is great solicitude on the part of the present Chancellor to appoint the fittest person. It is to be observed, that Mr. Lynch has practised both as a Conveyancer and an Equity Draftsman, and has considerable experience in both departments; and that each of the other gentlemen has been confined to one of these branches alone. The Registration of Voters Bill has given rise to considerable discussion. The only portion of it within our province, is that which relates to the Revising Barristers. We do not consider that the present system will be altered in this Parliament, but we hardly conceive it can last much longer in the meantime, we find no better plan proposed. It is to be hoped that the Judges will at least do all that they can to remedy the evils of the present arrangement, by appointing fewer barristers, and gentlemen of longer standing and greater experience. Mr. Warburton proposes to give the appointment of the barristers-to be twelve in number-to the Speaker of the House of Commons; but there are many objections to this: the most obvious is, that the Speaker is almost always a person under some party bias, and is much more in the stream of politics than the Judges. At the same time, we think it right to say, that we have been somewhat disappointed at the way in which this sort of patronage has been occasionally disposed of by the persons intrusted with it; and, if the same course be persisted in, we have no doubt that the present system will be altered. 2 K 490 The Property Lawyer.-Repeal of Attorneys' Certificate Tax. THE PROPERTY LAWYER. COSTS OF ABSTRACT. THE following case is of some interest at the present time, when the necessary length of abstract is still undetermined. The Reporter mentions in a note, that the opinions of Mr. Preston and two other eminent conveyancers had been taken on the question; and that the former learned gentleman was of opinion that the abstract in question properly embraced the deeds of 1737; the two latter, that the leases of 1761, and the will of Lady Chichester (1773), were sufficient: On the taxation of a bill of costs of making title to certain property sold by auction, the prothonotary (for the purpose of taking the opinion of the Court) disallowed the costs occasioned by that part of the abstract which related to deeds and assignments of terms dated in 1737, it appearing that there was a perfect title by possession for sixty years; he also disallowed the costs of furnishing an attested copy of the will of the vendor's father. there any necessity for any attested copy of J. Quick's will. As to both, therefore, the prothonotary has exercised a discreet judgment. Talfourd, Serjt., in support of his rule. The vendor's solicitor having the deeds of 1737 in his possession, would hardly be justified in suppressing that part of the title. As to the second point, the only difference would be, that, if an attested copy of Quick's will had not been furnished, the whole of it must have been set out in the abstract. Tindal, C. J.—Sixty years possession would shew a good title; and perhaps it might not be prudent to go further back. But I am not prepared to draw the line too tightly. The purchaser might bring an ejectment, and be turned round for want of the means of shewing that the outstanding terms had been brought in. How can we say that the deeds of 1737 would not be called for? A single question, very likely to be asked, would have compelled the vendor to disclose those deeds. I therefore think the costs as to them should be allowed. With respect to the other pointthe costs of the attested copies-I think they ought not to be allowed. The clause as to them in the conditions of sale is unusual. The rest of the Court concurring, the rule was, with this modification, made absolute. Ex parte Quick, 2 Scott, 184. CATE TAX. IN continuation of this subject, we notice the following passages in the petition to the House of Commons, from the Dean and other Members of the Faculty of Procurators in Paisley, incorporated by royal charter. The petitioners observe, that, having learned that it is in contemplation to revise the existing Stamp Laws during the present Session of Parliament, they deem it a fit opportunity to solicit the attention of the House to the Attorney Tax, with a view to its repeal. Talfourd, Serjt., having on a former day obtained a rule nisi to refer the bill back to the prothonotary to review his taxation in respect of the sums so disallowed, the protho- REPEAL OF ATTORNEYS' CERTIFInotary delivered the following statement:"The following is a short abstract of a title to an estate at A. 1737.-A conveyance in fee, and a deed assigning terms to attend the inheritance. These terms, being satisfied, were never afterwards questioned or dealt with. Subsequently, the property came into the possession of Lady Chichester, who by her will, dated in 1773, devised it, and through which will the vendor held the property. Lady Chichester had possessed the property several years, and her possession could be shewn by leases granted by her as far back as 1761. In 1832, the owner, wishing to dispose of this property, instructed his solicitor to prepare abstracts for the purchasers. The abstracts, so prepared, commenced with the deeds of 1773, shewing some outstanding terms; in consequence of which assignments were called for at considerable expense to the vendor. In the conditions of sale (prepared by the same solicitor) the following clause was inserted:-That the respective purchasers ahould be satisfied with an attested copy of the probate of the will of J. Quick (the father of the vendor), which, when required, should be furnished to them at the costs of the vendor; but, if the said respective purchasers should require an office copy of such will, such office copy should be furnished to them at his, her, or their respective expence.'' Merewether, Scrjt., shewed cause. It was not necessary that the abstract should go further back than the will of Lady Chichester, under which, coupled with the leases granted by her in 1761, there would be a perfectly unquestionable title; neither was They submit that the tax is unjust in principle, and partial in its operation. It is levied exclusively from a single class of law practitioners, while the higher branches of the profession are entirely exempted. No similar tax has been imposed on any of the other liberal professions; and it is borne by the poor practitioner equally with the rich; by the man of extensive and profitable business, not more than by the man in circumstances the very re verse. That the tax referred to becomes the more oppressive, as the legal practitioner in the Local Courts is otherwise heavily taxed, on account of his profession. His articles of indenture bear a duty of 301.; on being admitted a member of Court, he is obliged to pay a further stamp duty of 251.; and as a Notary Public he pays a duty of 201. That, by the recent changes in the forms of |