PROCEEDINGS OF LAW SOCIETIES. MENT OF THE LAW. The following members were balloted for and elected :-The Duke of Buckingham, K.G., the Earl of Radnor, Lord Farnham, Thomas Parker, esq. solicitor, and Gerard Blisson Wharton, esq. solicitor. estate after his lordship's death, to be held in trust c. 109), relating to games and wagers, will take effect for Lord Lilford, and at his decease for such three in respect to billiard and bagatelle tables in other than of eight persons named in the first codicil as may be-public-houses. It is provided by the 11th section, come entitled thereto, being six of the children of that from the 5th of April next, in the counties of Lady Lilford, and the two daughters of Lord John Middlesex and Surrey, every house, room, or place SOCIETY FOR PROMOTING THE AMENDRussell. To the British Museum she bequeaths a kept for public billiard playing, or where a public box given to her by Napoleon; the bequest forms a billiard table or bagatelle board, or instrument used principal part of her second codicil, and is to the fol- in any game of the like kind is kept, at which persons Towing effect:-"Amongst the things which I chiefly are admitted to play, not being under a victualler's value, is the box bequeathed to me by the Emperor license, shall be licensed under this Act. That every Napoleon, and a card originally inclosed in it, bear-person keeping any such billiard or bagatelle table ing on one side a memorandum, from which it ap- without being licensed for the house where it is so pears that the cameo which forms the lid of the box kept, and also every person licensed under this Act was presented to Napoleon by Pope Pius VI. at Ta- who shall not, during the continuance of such billiard lentino in 1797, and on the other side are these words, license, put and keep up the words, "Licensed for The Report of the Committee on Criminal Law on in the Emperor's own handwriting, L'Empereur Na- billiards," legibly printed, in some conspicuous place the following reference :-"To consider the propriety poleon à Lady Holland, temoignage de satisfaction et near the door and on the outside of the house specified of recommending the adoption of the plans of Captain d'estime.' These relics I bequeath to the British in the license, shall be liable to be proceeded against Maconochie for the management of transported and Museum, and desire that the box and card may be as the keeper of a common gaming-house; and besides other criminals," was ordered to be received. inclosed in a glass case and kept locked up, so that any penalty or punishment to which he may be The Report of the Committee on the Law of Prothey may not be handled, and to be deposited in a liable, if convicted of keeping a common gaming-perty on the following reference was presented :room of the library of the Museum in which the auto-house, shall, on conviction of keeping such unTo consider the law relating to mortgages." It graphs of distinguished persons and curiosities are licensed billiard table, bagatelle board, or other was agreed that the Report should be further consikept." Directs her executors to expend 3001, in a instrument, before a magistrate or two justices, be dered at the next meeting. monument in Milbourne Church, to be placed beside liable to pay such penalty, not more than 107. for every that executed by Sir Richard Westmacott to the day on which such table or board shall be used, or memory of the late Lord Holland, and leaves a legacy in the discretion of the magistrate or justices, may be to Sir Richard. The Baroness died at her residence, committed to the House of Correction, with or withGreat Stanhope-street, May-fair, on the 17th of out hard labour, for any time not more than one November last, in her 76th year. She was the calendar month, and in default of payment of a fine or daughter and heiress of R. Vassall, esq. of Jamaica; costs, the goods of a defendant may be sold. By was first married to the late Sir G. Webster, of Battle the 13th section, persons licensed must not allow any Abbey, Sussex, which marriage was dissolved by Act persons to play at billiards or bagatelle, after 1 and of Parliament, and on the 9th of July, 1797, was before 8 o'clock in the morning, or at any time on married to the late Lord Holland.-Observer. Sundays, Christmas-day, or Good Friday, or on any public fast or thanksgiving day; and by another section (the 14th) constables and police-officers are empowered to enter the premises as often as they think proper, and if refused, such refusal to be deemed an offence against the tenor of the license. The charge for an annual license is by the 10th section fixed at 68. which license is granted by justices assembled in session to such persons as in their discretion are fit and proper to keep billiard tables or bagatelle boards. RETIREMENT OF MR. HILL, Q.C.-Mr. Mathew Davenport Hill, the eminent Queen's Counsel, who has for a considerable period led on the Midland Circuit, announced on Saturday that after twenty-six years' attendance on the circuit, he was addressing for the last time a jury in the courts of Warwick. POLICE (IRELAND).-Return of the number of policemen employed as personal orderlies and clerks by the Inspector-General of Police, &c. in Ireland. Nine are, it appears, so employed, at an annual expense of 4451. 18s. There are also employed in other capacities than that of an ordinary constable, nineteen others, at an annual expense of 6097. 11s. THE BRAZILIAN PIRATES.-Our readers will recollect the circumstances attending the trial and acquittal of the prisoners charged with piracy on the coast of Africa, and the murder of the crew of her Majesty's ship Wasp. The prisoners, on being acquitted, were sent home by the British government. One of them, Majaval, was a Spaniard, a young man of rather superior manners and address, who acted as cook, was charged in the trial as being the person who inflicted the murderous blow on Midshipman Palmer. The prisoners were, in all probability, indebted for their acquittal to the munificence of the late High Sheriff of the county, Edward Simcoe Drewe, esq. of the Grange, who, with his wonted generosity, finding that most inadequate provision was made for their defence by the Brazilian government, caused the learned Serjeant Manning to be retained on their behalf; and the high personal character of the learned serjeant, and his equally high reputation as a lawyer, secured from the Court that attention to his exposition of the law which would not have been obtained by a junior counsel, even supposing that his critical acumen had enabled him to raise the same points, and give the same breadth of principle to his exposition as the learned serjeant did. The prisoners all expressed themselves most grateful to Vict. c. 100, s. 88), the several commissioners are reLUNACY.-By the Lunacy Act of last year (8 & 9 the High Sheriff; and it was a proud spectacle to see quired to visit asylums and private houses. They these wild and lawless men leaving our shores, and bear- have recently made their first report to the Lord ing away with them, for the rest of their days, an ade-Chancellor, shewing their visits, the patients seen, and quate conception and living experience of the impartial- miles travelled, during the six months ending the ity and dignity of British law. The prisoner, Majaval, 4th of February last. The report was yesterday issued who as we have said, had evidently received a superior education to the rest, and had much of the manners of a gentleman, is a native of the town of Prima, near Barcelona. He left England in the highest spirits, rejoicing in the prospect of returning to his family, snatched as it were from the jaws of death. But on arriving at Barcelona he was arrested by the authorities and thrown into prison, charged with the crime of piracy, for which it appears he is amenable to Spanish law. He has written a letter to the late High Sheriff, pray ing for a copy of his acquittal in the British court, expressing the renewal of his thanks for the kindness which he experienced here, and describing his disappointment at being a second time incarcerated. The letter contained also one inclosed for General Espartero, between whose family and Majaval's there appears to have been some connection, with a view to get the influence of the General with the British authorities. Having heard a rumour of these circumstances, we have made inquiry of John Milford, esq. of Coaver, who had interested himself much on behalf of the prisoners, and by his knowledge of the Spanish language, was of great assistance to them; and he informs us that he was on a visit to the High Sheriff, at Grange, and he saw and translated the letter, and finds the facts to be as above stated. It is scarcely necessary to add, that the humanity of Mr. Drewe will prompt him to do all that he can in the matter. Mr. Milford states, that on his correspondence with the family of Majaval, he was impressed with the respectability of his father; and the young man who was found engaged in this desperate traffic was possessed of brilliant talents and an adventurous spirit. He has good reason to hope that the narrow escape he has had will be the means of snatching him from the destructive course in which his wild spirit and love of enterprise had first embarked him.-Western Times. as a Parliamentary paper. Dr. Turner made 148 visits, last. CORN LAWS.-A Parliamentary paper, obtained by Mr. Moffatt, the member for Dartmouth, has been issued, shewing the number of addresses and memorials presented praying for the opening of the ports and repeal of the Corn Laws, since the 1st of September last. From the first branch it seems that 111" addresses praying for the opening of the ports and repeal of the Corn Laws have been transmitted to the Secretary of State for the Home Department, and presented by him to the Queen, since the 1st of September, 1845." Of that number 46 were for opening of the ports; some of the addresses were for opening the ports and for a repeal of the Corn Laws. The memorials of the city of London, Liverpool, and Manchester appear in the document. There were, it appears, by the second part of the return, 168 memorials addressed to the First Lord of the Treasury, the Lords of the treasury, the Lords of the Privy Council, &c. praying for the opening of the ports, since the 1st of September, 1845, and two for the importation of Indian corn. METROPOLITAN POLICE.. Annual accounts of receipt and expenditure for the purposes of the MeBILLIARD AND BAGATELLE TABLES.-In a tropolitan Police, Police Superannuation Fund, and few days a part of an Act of last session (8 & 9 Vict. | Police Courts, in 1845. It was referred to the Committee on Equity, "To consider whether any and what mode can be devised for expediting the business in the offices of the Adjourned till Wednesday, the 8th day of April next, at eight o'clock in the evening precisely. Masters." Notices for Wednesday, the 8th of April. Property on the law relating to mortgages will be fur1. The Report of the Committee on the Law of ther considered. 2. The Report of the Committee on Criminal Law on the following reference will be presented:"Whether unaggravated larcenies of small amount may not be advantageously submitted to the jurisdiction of the Petty Sessions." CORRESPONDENCE. SELECTIONS FROM CORRESPONDENCE. "A COUNTRY ATTORNEY" writes thus on the subject of a "General Registry of Deeds :" For a complete answer to all the points and arguments stated in favour of a general, or rather, central registry (for that is, in truth, the grand secret of the whole affair), I would refer you and your numerous readers to an excellent and admirable pamphlet, entitled "Cursory Observations on a General Register," by the present Lord Chancellor of Ireland, Sir Edward B. Sugden (published in 1834 by Murray and S. Sweet), who is a friend of our branch of the Profession, and not one of your canting, weening, changeling lords, battening on an unearned, illmerited pension of some 4,000l. a year. I trust Sir Edward Sugden may be induced to re-publish the pamphlet, with any further remarks occurring to him. He floored the "sawnies" at once. NOTICE. Post-office Orders must be made payable to Mr. To Readers and Correspondents. J. J. (Whitchurch).-Thanks for the suggestion, which shall receive full consideration. SUB ARTICULIS.-We are glad to find that the design of NOTICE TO SUBSCRIBERS. The volumes of the LAW TIMES, neatly, strongly, and uniformly bound, for 5s. 6d. each, with the name and address of the owner on the cover, ls. extra, if sent to the office. If the numbers for binding be transmitted by the post, they must be tied in a parcel open at the ends, and contain some distinguishing mark by which it may be recognised, of which the publisher should be advised by letter and directed how he shall return the bound volume. Advantage may be taken of the same parcel to enclose other books for binding. On one subject we must be permitted a few remarks. The plan of presenting verbatim reports of all the written judgments has now been continued for eighteen months, with almost entire success, and, as we are assured, to the satisfaction of our readers. But the introduction of this great, and, indeed, unique improvement has necessarily drawn largely upon our volumes, and compelled the publication of repeated double numbers, to enable us to keep pace with the reports without sacrificing the other useful departments of the LAW TIMES. These double numbers, we have now ascertained by experience, cannot be less in the half-year than five, making a slight additional cost, but which, we presume, that no reader will object to pay in return for upwards of 130 written judgments, the average contained in each volume. Notwithstanding the many improvements and the consequent great increase of expense in the getting up of the LAW TIMES, no addition has been or will be made to its price. But from the beginning of the present year there has been an alteration in the allowance on pre-payments. Henceforth the prepaid subscription will be 17. 5s. for the half-year, and 21. 7s. for the year, which will include all the double numbers, being a reduction for payment in advance of nearly twentyfive per cent. on the half year, and of thirty per cent. on the year. reason of this we take to be that Lord was avowedly founded, were antecedent to the last Session. To short forms there is no raSo it was with the Conveyancing Acts of tional objection. But no arrangement was made to secure to the solicitor a fair remuneration for his labour and skill bestowed, by substituting some other mode of payment than the length of the conveyance. The solicitors would not be parties to a voluntary change that would deprive them of their fair emoluments. So the Act became a dead letter. We said then, that it appeared to us the most prudent course for the Profession was to accept the short forms, and use them, and arrange among themselves a scale of charges in conveyancing that would meet the altered circumstances. The recommendation was not adopted, and the result is now apparent. The short forms must be used, or if the conveyancer shall prefer the long ones, he must introduce them at his own expense. Would not the proposition we ventured to suggest have been far better than this which is now about to be forced upon the Profession? Our readers may rely upon it that the landlords are resolved to diminish the expense of conveyancing, so as to enable them to deal with land more readily than heretofore, and to meet the new position in which pending legislation is about to place them. The Legislature will adopt any plausible plan for this purpose. If defeated for one session, it will certainly appear again, and probably in a more obnoxious form. Our earnest advice, therefore, to the Profession is, to adopt the change, and demand compensation, instead of waiting until the change is forced upon them without any compensation. Let them make a virtue of necessity. Nor in the end do we believe that loss will be sustained. Whatever facilitates the transfer of land will It is necessary, also, to state that, for the increase the number of conveyances, and we future, no subscription can be suffered to re- think that as a general rule the lawyers main unpaid for more than two half years. will find that their own true interests square The reason of this will be apparent when we with those of the public. The utility and state that the ascertained bad debts, during the applicability of short forms have been monthree years the LAW TIMES has existed, amount strously over-rated by the proposers, who are to no less a sum than 7247. and the list of de- manifestly ignorant of the practical difficulties faulters would fill upwards of four closely that forbid their employment in many cases; printed columns. Our publisher, therefore, but still there are conveyances in which all or must be excused if, in the exercise of necessary some of them may be used with perfect secuvigilance, he may sometimes appear to be rity. Lord BROUGHAM need not have been importunate. He assures us that stringent in such a hurry to force his mis-shapen measures to enforce a settlement have never offspring into the hands of the Profession. been adopted until repeated applications had Whatever of it is good would have been made, and the courtesy of a reply to them adopted as soon as the first fit of horror at the refused. He has also stated some cases of sight of the stranger had passed away, and we gross fraud, which it will probably be our trust that so harsh a measure of compulsion as duty to make known to the Profession, to warn that now before the House of Lords may yet others against similar impositions. CONVEYANCING. LORD BROUGHAM has hit upon a scheme for compelling the use of his neglected short forms. It is to be provided by statute that the Taxing Masters shall disallow the charges for the long forms when in their judgments the short ones may have been used." be withdrawn. But the Joint Stock Companies Act has upon a footing altogether different; has recogaltered all this-has placed such an association nized its existence, and endowed it with certain powers and authorities. Therefore the arguments that properly determined the previous cases are wholly inapplicable to the present case. We write on circuit, where we have not access to books, and, therefore, are unable to cite the very words of the statute; but the general outline is sufficient for our purpose, and will, we believe, be found correct. The Joint Stock Companies Act, then, provides that the promoters of a company may register it provisionally, registering also their names as such promoters. Upon registration the company has a recognized existence in law, and the promoters are empowered by the statute to perform a certain number of acts necessary for the carrying out their object, and completely forming such company. Among the powers with which they are thus invested, is that of demanding and receiving deposits, not exceeding in amount 10s. for every 1007. of shares allotted, where the scheme is one that does not require the assistance of Parliament, and a larger sum where compliance with the Standing Orders of Parliament is necessary: such deposits to be applied expressly in payment of the preliminary expenses. The law never gives a right without a remedy; and having thus authorized the demand and receipt of deposits for a specified object, will enforce their payment. This argument assumes, of course, that all has been rightly done, namely, that the scheme is bond fide, and that the promoters, who are only the trustees and managers for the whole body of shareholders, have faithfully discharged their duty. And, even if they have acted unfairly, it may be a question whether this be not a matter for which the shareholders must afterwards seek redress in equity, and not a defence in law. It has been asked, "Who are the parties to sue?" As already stated we are writing without reference to book, and from memory, merely, of the statute; but our strong impression is, that the action should be brought by the registered promoters, who, if we rightly remember, are the parties empowered by the statute to allot shares and receive deposits. But this will, of course, be ascertained by examination, before such a step is taken. If the view we have taken be the right one, the question of the liability of allottees will be narrowed to a single point. At all events, entertaining a very strong opinion upon it, we deem it to be our duty to submit it to the consideration of the readers of the LAW TIMES, than whom there could be no better judges of its worth. LIABILITY OF ALLOTTEES. THE argument put forward last week in support of the general proposition of the liability of allottees for payment of the deposit on shares applied for, appears to have taken many of our readers by surprise. It is certainly strange, that this argument, seemingly so palTHE INDEX LEGUM. pable, should have been altogether overlooked THE Index Legum, for the half-year ending The device is creditable to his lordship's in- by the learned counsel who have conducted the 1st of January last, is almost ready for genuity. But why was it not introduced into the cases hitherto tried. In compliance with the press, and will be issued in time to be the original statute? The Brougham Law numerous requests from parties interested, bound with the volume of the LAW TIMES Reforms have been all remarkable for this sort both as members of committees and as allottees just completed. It will be stamped so as to of legislative dove-tailing. Every measure has anxious to learn more particularly the reasons be sent by post, and be contained, we hope, in been required to be patched and tinkered half-a- for the opinion at which we have arrived, we about four numbers, perhaps in less. It will dozen times in order to make it fit for use, and repeat, with details, the argument which we did contain a full digest, arranged for practical when set in motion it has so jarred with little more than indicate last week. convenience, of all the reports published during other parts of this legal machine, that it has All the cases so confidently relied upon, and the half year, together with tables of the cases proved more a hindrance than a help. The on which the decision in Spottiswood's case upon the statutes, and rules of Court, &c. Readers desirous of adding to their volumes this ready reference to all the law of the half year, should send their orders immediately, as only a limited number will be printed. PROFESSIONAL MALPRACTICES. OUR attention has been directed to the subjoined advertisement which appeared in the Times of Friday, the 27th ultimo. Should any of our readers have the means of informing us who the considerate gentleman is that thus invites employment, we shall deal with him as he deserves. Railway Bubbles.-Parties being sued for pretendeddling with the latter. What better proof of their impotence than the Conveyancing Acts of last sesclaims by railway projectors will be defended at a very trifling expense, by a gentleman of long stand- sion, undoubtedly sound in principle, and which reaing in the profession. Apply to M. Y. Mr. Darcy's, son and common sense must approve. But they are 5, Buckingham-street, Strand. neglected because they are made optional and not compulsory; because the form is changed without arrangements made for changing the mode of remuneration. If the Act had provided that Conveyancers should be paid by some other scale than length, their interest in brevity would have been the same the client's. as But our unpractical statesmen overlooked this, and their law is laughed at. Perhaps the most interesting extract we can make from Mr. BROWELL'S volume will be a portion of a letter from H. BELLENDEN KER, Esq. to the Lord Chancellor, upon the design and intended construction of the notorious Transfer of Property Act. will help to explain the Amendment Act. SHAM LAWYERS. ANOTHER of the fraternity which it is the aim of this Journal to suppress, we find exercising his powers of intimidation at Sunderland. No. 1, East Cross-street, Sunderland, Madam, I am instructed by Mr. Edward Bowmaker, of Sunderland-green, to apply to you for the payment of the sum of 21. 9s. 3d. which you are indebted to him; and unless the same be paid to me, at my office, on or before Monday, the 9th inst. proceedings will be immediately taken, to enforce payment, without further notice. ROBERT ROBSON, Sheriff's Officer. BIRTHS, MARRIAGES, AND DEATHS BAYLIS.-On the 30th ult. at Park-place-gardens, the lady of a son. MARRIAGES. BROOM, Herbert, esq. Barrister-at-Law, of the Inner Temple, Cheltenham. ERSKINE, Major, of H.M.'s 45th regiment, to Augusta Pratt, 31st ult. at St. John's, Manchester. DEATHS. ASTON, John, esq. solicitor, on the 28th ult. at his residence, on the 28th inst. in Lincoln's-inn. THE CRITIC. New Books. The Real Property Statutes of William IV. and By Victoria, with Explanatory Notes, &c. WILLIAM F. BROWELL, Esq. of the Middle London, 1846. Temple, Barrister-at-Law. Spettigue. ONE of the multitudinous editions of the recent real property statutes; but it possesses this peculiarity, that it collects all that have been passed during the last and present reigns. Mr. BROWELL has accompanied them with appropriate notes, afforded ready access to their contents by a copious index, and thus has produced a really useful volume. The Fines and Recoveries to a bequest of, or has assigned the debt. And, fore the client's cost. Act has been more fortunate, but this has not done moreover, as the power-a bare statutory authority what it promised. As for the Acts of last session, they is not conferred on the proving executor alone, it have failed altogether; where they do not positive might be considered (though not, we think, on a just view of the provision) necessary to its due execution, mischief they are waste paper. The short forms of that an executor who had not proved, or had even conveyancing are disregarded, and the Assignments renounced the probate, should join-a possible con of Terms Act is unintelligible. struction, which would not only narrow still further What is the cause of this? Manifestly that our the range of the power, but probably implicate many Law Reformers are tinkers, not manufacturers: they titles depending on the contrary assumption. Antry to stop one hole in an old vessel, and they make other more material objection arises from the want of twenty. Our law of real property is a system, and a precise definition of what shall, for the purposes of "mortgage "—a term which, taken according to its cannot be reformed in parts; it must be re-con- the Act, be considered as falling within the term structed or let alone; if they want the courage or strict legal acceptation, would exclude a large proability to undertake the former, let them leave med-portion of the transactions comprehended under the popular meaning of that term, and clearly within the mischief sought to be remedied by the clause in quesSuch a definition should, therefore, be given tion. as would extend the benefit of the enactment to all cases where, according to the rules of a court of equity, a party is entitled to call for a conveyance of any property, pledged or charged as a security for money, on satisfaction of the debt; whether the security be in the form of a mortgage, to which the right of foreclosure is incident, or of a conveyance to the creditor or his trustee upon trust to sell, or in Some method, too, more any other form whatever. satisfactory than the use of such terms as "his executor or administrator," should be devised for ascertaining the person by whom, in every possible state of circumstances, the act is to be performed; for it is only by the expression of a rule of law in general and comprehensive terms, that there can be any reasonable hope of attaining completeness or certainty. Then, as regards the principle involved in this section of the Act, if it be fit that a mortgagee's executor or administrator (who, after being paid in full, has no further interest in the matter, and who, as he might, be it observed, have recovered the debt, although unable to make or procure a re-conveyance of the estate, may refuse to exercise the statutory power, vested in him as a mere instrument for the convenience of others) should be enabled by his act to denude the heir or devisee of the legal estate, and vest it in the mortgagor or his nominee, it must à fortiori be fit that the unpaid executor or administrator should be enabled to command the legal estate for the purposes of the secu rity and the better administration of that portion of It can hardly the assets of his testator or intestate. be contended that the equity of the executor or administrator to have the full benefit of the unsatisfied and forfeited mortgage is not as strong and as urgent at least, as the equity of the mortgagor to have the full benefit of the redemption. In each case the same principle applies; and that principle, fairly carried out, would require that every person entitled to call for the legal estate should be enabled to obtain it with as little difficulty and expense as may be consistent with safety to the right parties and with the maintenance of the distinction between the jurisdictions of law and It My Lord,-In compliance with your lordship's direction, I have, in conjunction with Mr. Hayes and Mr. Christie, revised the Act passed in the last session "for simplifying the Transfer of Property." (7 & 8 Vict. c. 76.) Though most of the various objects which that Act embraces are of a practical and beneficial character, and ought to be included in any comprehensive scheme for ameliorating the law of property, yet the apparent inexpediency of some of its provisions, except, perhaps, as parts of such a scheme, and the confessedly imperfect frame of others, induce us to recommend, as the clearest and safest course, that the Act should be wholly repealed, and the clauses of which the policy is unexceptionable be re-enacted in a different form. We are quite sensible of the difficulty and danger attending any attempt at legislation on detached points of a complicated system, especially where the proposed changes tend to contradict principies on which that system is based; and we have, therefore. approached the subject not without considerable diffidence. The conviction that such partial remedies cannot be too cautiously applied, has induced us to review the Act with the intention, first, of confining it to points which may safely admit of being thus separately treated; and, secondly, of legislating upon those points with greater accuracy and perspicuity. But although we have prepared the Bill now submitted to your lordship, after the merits and defects of the existing Act had been amply discussed by the Profession, it is yet very possible that we may have failed, either to select for omission the objectionable portions only, or to enhance, by alterations in arrangement and expression, the practical value of the rest. The result, indeed, of some recent statutes has shewn that the most elaborate enactments differ from the least accurate only in the degree of help which they require from judicial exposition. There are two sections of the Transfer Act which 1st. The ninth section, enabling the executor or 1st. As regards the ninth section, which provides for the conveyance of a mortgaged estate by the executor or administrator of the mortgagee, the design is good; but it is so imperfectly carried out by the very limited terms of the enactment, that practically the power is attended with very little real advantage. It is necessary, for the purposes of title, to ascertain that possession has not been taken, that no action or suit is pending, and that the legal estate is vested in the real representative of the mortgagee; for a mere negative allegation of these facts in a deed of convey. The list of contents suggests some reflections on ance would not satisfy a purchaser. But it is obvious the attempts that have been made, with such doubt that the necessity of proving these facts, and partiful success, to improve this branch of our law. cularly the fact of the legal estate being vested in the Here are no less than twenty-five statutes avowedly real representative (the very difficulty often being framed for the purpose of reforming certain evils, that the heir is unknown), destroys, in a great meawhose existence nobody disputes, and yet which baffle sure, the utility of the enactment. The clause, bethe most sagacious lawyers when their removal is sides, authorises a conveyance only on actual payattempted. Of all these twenty-five Acts of Par- ment to the executor or administrator of the whole debt;-not extending to a conveyance on part payliament, how many have accomplished the objects ment or a conveyance under any arrangement for of the framers? Certainly not half a dozen. The exonerating the whole or part of the lands without Statute of Limitations has been an entire failure; payment, nor to cases where the money has been paid it has not shortened titles; on the contrary, it in the mortgagee's lifetime, or the executor has rehas rather increased the lawyer's labour, and there-ceived the money at a former period, or has assented equity. In the actual state of the law, there are three tical examples afforded by every railway Act of the summary abatement of those nuisances, remain to this day a fertile source of expense, difficulty, and delay, in the deduction of titles to real estates. to the reports of the Real Property Commissioners | it is that a neat small volume is made to contain as Gladly would we transfer to our columns the Railway Parliamentary Practice; with an Ap-be disappointed. THE flood of railway Bills with which the Parlia- wants or his means. JOURNAL OF PROPERTY. THE following scale of charges, reduced more than one-third, has been adopted for Advertisements of Estates for Sale, &c. exceeding 10 lines in length: For the first 70 words 5s. For every succeeding 30 words. 1s. THE MONEY MARKET. .... Three per Cents. Consols 953 96 95 952 96 96 Bank Stock India Bonds, prem...... FOREIGN. Spanish Five per Cents... ..... Portuguese Deferred 30 31 31 31 30 30 261 26 261 261 261 261 36 36 36 36 36 36 112 112 1124 1121 110 109 39 39 39 39 39 39 56 562 561 57 57 57 301 301 301 301 301 32 16 161 162 163 164 16 2ndly. As regards the tenth section, which enacts that the payment to, and the receipt of, any person to whom any money shall be payable, or any express or implied trust, shall be a discharge, it is conceived that it never could have been in the contemplation of the framers of the Act to render in equity the receipt of the person entitled at law under every trust whatsoever (whether merely implied or otherwise) an effectual discharge to the party paying. The effect of this new rule, if carried to its fullest extent, would be to alter essentially one of the most important principles of a court of equity. It is conceived that the rule was intended to remedy an inconvenience of a much narrower extent. In equity the person beneficially entitled is the person to concur in directing the payment to the trustee, except where the cestui que trust is unascertained or incompetent, or where there is some trust shewing that the trustee was to have the money at his disposal for a particular purpose (as that of re-investment, &c.), or where there is an express declaration absolving the person paying from seeing to the disposition of the money. The rules as to the liability of a party paying money to a trustee, without the concurrence of the cestui que trust, to see the money duly applied, have varied, and are not yet precisely defined. To avoid any question, it has been usual to accompany a trust for sale, &c. with a declaration that the receipt of the trustee shall be a sufficient discharge. This occasionally is omitted, and thence a difficulty may arise, either in ascertaining Mr. Scort divides his treatise into three parts. whether the party paying is or is not bound to see to The first part is devoted to the proceedings prior to the ultimate disposition of the money, or in procur- the introduction of private Bills into Parliament. It ing the concurrence of the party entitled, who may be is subdivided into two chapters, which describe abroad, &c. The evil goes to this extent only; but successively the preliminary procedings for establishthe remedy is far more extensive, and is one which a ing railway companies, and the proceedings requisite very slight consideration will shew the danger of before presenting petition for Bill to Parliament. adopting. There can be no question but that it would The second part details the order of proceedings in be desirable to supply a fit remedy, by carefully ascertaining the state of the law as regards any discre- the House of Commons, with notes illustrative of pancies or uncertainties, and removing them, and so such proceedings, and then the order of proceed. to extend the rule as to obviate all practical inconve- ings in the Lords. The third and last part contains nience. Perhaps a rule which, with some modifica. the special proceedings in Parliament, as altered for tions, should give every trustee having an express the practice of the present session, and forms the power to sell or raise money an authority to give a re- most valuable, because the most original portion of ceipt for it, would be advisable. And such a rule the work. To make the treatise as useful as poswould be consistent with the 30th Order in Chan-sible to the practitioner, Mr. ScoTT has introduced cery, which renders it unnecessary to make the cestui que trusts parties to a suit where there are trustees maps of plans and sections, as required by the competent to sell and give receipts; but if the clause Standing Orders, and an appendix of special Acts as it stands in the Act were to remain, it would of of Parliament. necessity lead to an alteration of the practice; and in all cases where there was a trustee of money, under any trust direct or implied, it would become unnecessary to make the persons interested parties. The remainder of the section refers to the receipts of the survivors of mortgagees being effectual discharges. Similar objections apply to this branch of the clause. Trustees often lend money on mortgage, and take the security to themselves as joint tenants, not noticing the trusts in the deed; but generally there is inserted a as three houses, situate Nos. 38 to 40, Lamb's Conduit-street; Four shops all adjoining, the upper parts being arranged declaration that the receipt of the survivor shall be a a railway Bill, from the time when a petition is pre-held for 322 years at 1701. per annum; let at 300/.--9001. discharge, thus negativing the equitable tenancy in sented to the House of Commons for leave to bring A plot of freehold building-ground on the north side of common. When this declaration is omitted, and a it in, to the time when it is ready to receive the Sheffield-street, Clare-market-1607. trustee dies, it becomes necessary to shew the trust of royal assent; for this purpose he enumerates and the money, and the power of the surviving trustees to explains the several proceedings enjoined by the give a receipt for it; and this evidence becomes part Standing Orders of both Houses of Parliament on of the mortgagor's title. It was to remove this in- the promoters of the Bill, at each distinct stage convenience that the clause was framed; but it goes thereof. The Standing Orders are conveniently far beyond the evil in question, by making the receipts of the survivor of all mortgagees who are at law joint arranged in the order in which Committees usually tenants, sufficient. Now in practice many persons, take the proofs of compliance; the evidence required not trustees, &c. take securities in joint tenancy; and for proving such compliance is stated after the it would seem very inexpedient thus to repeal generally Standing Order that enjoins it, and after each the salutary equitable rule as regards these securities, Standing Order the cases in which questions either and to allow the survivor to possess himself of the as to the construction of or compliance with such whole funds, without the concurrence of the represen-order may have arisen, are stated, together with the tatives of the other equitable tenant in common. Sup-decisions which have been given thereon by composing, however, that this part of the clause is retained, the expression of the rule in the statute being mittees. A chapter is devoted to the proceedings inaccurate, it would require considerable alteration. connected with postponed railways; another contains As these two sections involve great and extended alterations of the law, without supplying any complete or careful expression of the rules, it has been thought necessary to explain at length the reasons for omitting them from the proposed Bill. Mr. Scort has used great diligence in the collection of his materials, and his volume will be a useful hand-book for all interested in parliamentary practice. From the very nature of the subject, nothing offers of sufficient interest to the reader to justify extract at this season, when there are so many other urgent claims upon our columns. Mr. RIDDELL's plan is to describe the course of a succinct statement of the evidence required to topic involved in much obscurity-to wit, that of In the preparation of this Bill very little more has been attempted than a re-enactment, in terms more precise and apt, of the clauses of the existing Act. If it had not been considered expedient to confine the present Bill to a re-enactment of the clauses of that Act, except as above stated, and if there had been sufficient time, it is conceived that much advantage might have been derived from enactments which would remove many of the inconveniences arising from the suffice to satisfy the experienced practitioner that it This description of Mr. RIDDELL's treatise will present state of the law relating to the transfer of pro- is the production of one who understands the art of perty. There are many points, in addition to those relating to outstanding legal estates, already adverted to, as to which enactments might be framed calculated to effect a great diminution of expense in tracing titles. The whole law relating to judgments is very confused and obscure, and the law relating to covenants might be altered with advantage. A reference Cents....... Freehold business premises, situate Nos. 32 and 33, Milkstreet, Cheapside, with dwelling-house, &c.-4,4507. A freehold house and premises, No. 49, Skinner-street, Snow-hill; estimated rental, 2001. per annum. chaser will be entitled to the rental or possession of the premises in three years from Lady-day last, that being the receivable until the expiration of the lease is 201. per annum, period at which the ground lease expires. The ground-rent and 81. per annum redeemed land-tax-2,9501. years from June 1791, at a ground-rent of 81. 8s. per annum A house, No. 9, Judd-place East, New-road, held for 99 -6101. A residence, No. 13, Chester-street, Grosvenor-place, with coach-house and stabling; held for 64 years, at a groundrent of 311. 10s.-1,790. By Messrs. RUSHWORTH and JARVIS, at Garraway's. did not then exceed 55, at the annual premium of 1141. 6s. 8d. A policy, dated June 23, 1840, effected in the Mutual Society, for 2,000l. on the life of Mr. John Linnit, whose age the sum and additions payable in case of death during the Linnit upon, and accepted by Hyam Hyams for, 4861. 15s., year 1846, are stated by the office to be 2,3781. 188.-3801. A bill of exchange, dated 17th June, 1845, drawn by John payable at eight months after date-401. A similar bill for 5007., payable at nine months after date A similar bill, payable at eleven months after date-1257. A ditto, payable at thirteen months after date-1207. making a law-book. The materials are well put held for 214 years, at 147. 148., rates and taxes 97. 17s. 6d., Tuesday, March 24. Alderton, W. S. steel pen manufacturer, last exam. April 21.-Ashton, T. J. tailor, further div. next week. Groom, London.-Clement and Co. tea dealers, joint div. next week. Belcher, London.-Cork and Co. coach builders, joint div. next week.-Turquand, London.-Goddard, G. tea dealer, last exam. passed.-Hague and Co. engineers, joint div. next week. Whitmore, London.-Kent, R. victualler, last exam. May 8.-Parr, J. coal dealer, div. next week. Groom, London.-Payne, R. brassfounder, further div. next week. Groom, London.-Prentice, G. fishmonger, last exam. April 29.-Reynolds, T. cheesemonger, last exam. April 27Schofield, J. cutler, assignees, April 7.-Spiers, W. printer, last exam. passed.-Watson, B. L. manufacturer of flags, div. next week, Graham, London. Friday, March 27. Baker and Co. warehousemen, last exam. April 21.-Batt and Batt, silkmen, joint div. next week. Pennell, London. Chessor, W. cooper, last exam. passed.-Ensoll, R. draper, last exam. April 24.-Fisher, W. commission agent, last exam. passed.-Goertz, H. upholsterer, further div. next week. Groom, London.-Jones, R. T. chemist, div. next week. Pennell, London.-Kesteven and Co. mercers, div. next week. Whitmore, London.-Kimpton, R. jeweller, last exam. May 14.-Knyvett, E. teacher of music, further div. next week. Belcher, London.-Metcalfe, T. carpenter, last exam. sine die.-Pascoe, J. T. metal refiner, last exam. sine die.-Smyrke, F. fringe manufacturer, last exam. May 19.-Young, J. shipowner, last exam. passed. Official Assignees are given, to whom apply for the Allen, C. maltster, first, 5s. 4d. Alsager, London.-Barber, C. calico printer, first, 3s. 1d. Pott, Manchester.-Chamberlaine, J. glass merchant, first, 5s. 5d. Turquand, London.-Clarke, R. B. plumber, first, 114d. Whitmore, London.-Cooper and Beattie, drapers, first, 9s. Wakley, Newcastle.-Graham and Co. calico printers, joint, 7s. Follett, London.-Isard and Co. upholsterers, first, 1s. Green, London-Jones, E. sen. paste-board manufacturer, first, 38. Whitmore, London.-Joplin, J. draper, 48. 6d. Wakley, Newcastle.-Lett, A. timber merchant, second, 114d. Whitmore, London.-Mackenzie, R. commission agent, first, 2s. 6d. Alsager, London.-Milne, J. painter, first, 3s. 1d. Bird, Liverpool.-Parry, D. currier, first, 2s. 3d. Bird, Liverpool.-Payne, G. tailor, 2s. 3d. Belcher, London.Tomlin and Man, merchants, first, T. 20s. Whitmore, Londen.-Whitington, G. T. merchant, first, 4s. 6d. Belcher, London-Whittaker, H. silk throwster, second, 1d. Fraser, Manchester. Insolvents' Estates. To Trustees for the benefit of Creditors. Bidmead, I. draper, Tipton-cum-Chalvey, March 14. Trusts. J. S. Wilson, gent. Gresham-st. and B. Smith, warehouseman, St. Martin's-le-Grand. Sols. Sole and Turner, Aldermanbury.-Clarke, C. draper, Goswell-road and Cranbourne-st. March 6. Trusts. A. Beater, Aldermanbury, and J. S. Wilson, Maiden-lane, warehousemen. Sol. Sole, Aldermanbury.-Clarkson, J. plumber, Barnsley, Feb. 16. Trusts. T. Balgue, gent. and T. Dale, jun. broker, both of Barnsley. Sols. Tyas and Harrison, Barnsley.- Salmon, J. carpenter, Beaumont, Essex, Feb. 21. Trusts. J. Salmon, farmer, Great Oakley, J. Salmon, farmer, Great Clacton, and E. Cook, land agent, Stratford St. Mary. Sol. Spurling, Thorpe.-Smith, S. hosier, Burlington-arcade, Feb. 14. Trusts. W. Y. Ball, glove manufacturer, Wood-st. and P. Bunnell, warehouseman, St. Martin's-le-Grand. Sols. Goddard and Eyre, Wood-st.-Williams, M. hosier, Greenwich, March 2. Trusts. H. Sturt, Wood-st. and J. R. Bousfield, Houndsditch, warehousemen. Sols. Sole and Turner, Aldermanbury. Gazette, March 31. Abrams, J. D. tailor, York, March 20. Trusts. J. Baker, linen draper, and G. Peacock, woollen draper, York. Sols. Newstead and Wilkinson, York.-Bacon, W. grocer, Helions Bumpstead, Essex, March 18. Trusts. J. S. Robson, and F. Emson, grocers, Saffron Walden, and S. Cole, farmer, Helions Bumpstead. Sols. Messrs. Good, Saffron Walden.-Booth, H. silk dyer, Leek, March 21. Trusts. R. Sadler, drysalter, Macclesfield, and W. Milner, silk manufacturer, Leek. Sol. Sawkins, Leek.-Chaloner, J. carrier, Wrexham, March 21. Trusts. A. Chaloner, widow, Yale, and W, Chaloner, farmer, Llanarmon, farmer. Sol. James, Wrexham.-Maizey, W. March 26. Trusts. W. England, clothier, and A. J. Pearce, miller, Westbury. Sol. Pullen, Warminster.-Monk, J. yeoman, Wantage, March 21. Trusts. R. Greenaway, yeoman, Steventon, and S. Ste venson, yeoman, Wantage. Sol. Ormond, jun. Wantage.- Bankrupts. DATE OF FIAT AND PETITIONING CREDITORS' NAMES. ARKELL, JOHN, miller, baker, and maltster, Donnington- CLIFTON, ROBERT, brewer, maltster, and merchant, Bran- Date of fiat, March 5. worthy and Nichols, Cook's-ct. and Salmon, Bury St. Edmunds, sols. Date of fiat, March 21. Bankrupt's own petition. KELLY, MICHAEL, provision dealer, Liverpool, April 24 and May 15, at twelve, Liverpool, Com. Ludlow; Turner, off. ass.; Vincent and Sherwood, Temple, and Jones, Liverpool, sols. Date of fiat, March 24. Bankrupt's own petition. NEWTON, LANCELOT, warehouseman, Gutter-lane, Cheap. PPAUL, JOHN, wine and general merchant, 19, Beer-lane, Meetings at Basinghall-street. Gazette, March 27. inn-sq. Gray's-inn, April 21, at eleven, div.-Carlile, J. commission agent, Little Love-lane, April 21, at one, aud.Gill, W. poulterer, Leadenhall-market, April 21, at two, div. Hulse, R. chemist and druggist, 14, Little Tower-st. EDMOND, THOMAS, merchant, Liverpool and Bombay, April(adj. Jan. 21) last exam.-Bromley, W. scrivener, Gray's- April 21, at eleven, div.-Mohan and Simons, wine-mer- J. commission agent, Little Love-lane, April 21, at one.- eleven. Gazette, March 31. ROGERS, WILLIAM, draper, Lewes, Sussex, April 4, at half-factors, Upper Clifton-st. Finsbury, April 24, at twelve, TEBBUTT, JONAS, auctioneer and land and estate agent, TIMMINS, JOSEPH, brick maker, Caynham, Shropshire, further joint div.-Baker and Eastwood, warehousemen, London, April 21, at twelve, aud.-Bartlett, C. merchant, C. scrivener, Spalding, Lincolnshire, April 22, at one, div. Southampton, April 22, at half-past eleven, aud.-Bonner, April 22, at one, div.-Durtnall, J. ironmonger, brazier, and -Calthrop, J. ironmaster and coal fitter, Isleham, Suffolk, tinman, April 22, at one, further div.-Durtnall, W. ironmonger, brazier, and tinman, Dover, April 22, at one, further div.-Fisher, W. commission agent and dealer in coals, St. thorne, tea dealers, Little Tower-st. April 24, at one, aud.John's-wood, April 21, at eleven, aud.-Fowler and LinFor, R. G. wine merchant, Canterbury, April 22, at eleven, aud.-Gurney, J. brewer, Lambeth-walk, April 22, at eleven, aud.-Hill, J. licenced victualler, Six Bells, Queen-st. Hammersmith, April 21, at one, div.-Jenkins, J. currier and BARRATT, JOHN CHARLES, carver and gilder and dealer in leather seller, Crown-pl. Old Kent-rd. April 22, at one, div. pictures, 268, Strand, April 3, at half-past twelve, May 8, at twelve, sep. aud. of Latham.-Muggeridge, H. wire -Latham and Parry, merchants, Devonshire-sq. April 22, at twelve, Basinghal-st. Com. Fane; Alsager, off. ass. drawer, St. John-st. April 22, at eleven, aud.-Musgrove, R. Taylor, Moorgate-st. sol. Date of fiat, March 24. Bank-woollen draper, High-st. Birmingham, April 21, at one, div. rupt's own petition. BARTLETT, THOMAS JOHN MOYSEY, bill broker, 9, Pall-Newton, A. L. merchant, Bury-st. St. Mary-axe, April 21, mall East, April 7, at half-past eleven, May 12, at twelve, of Ely, April 22, at one, joint div. and sep. of Pulvertoft. at two, div.-Pulvertoft, T. gent. Wisbech St. Peter's, Isle Basinghall-st. Com. Fonblanque; Pennell, off. ass.; Po- Rolph and Rolph, builders, Shepherd's-et. Upper Brook-st. cock and Marston, Norfolk-st. sols. Date of fiat, March April 22, at eleven, aud.-Stephen, G. scrivener and bill 23. S. Ward, warehouseman, Lillipot-lane, pet. cr. COUCHMAN, CHARLES, brickmaker, Curles-cottage, Ham- broker, 4, Skinner's-pl. Sise-lane, and 7, William-st. Knightsmersmith, April 6, at twelve, May 9, at eleven, Basinghall- bridge, April 17, at twelve, div.-Waddell, J. ship and inst. Com. Goulburn; Follett, off. ass.; Jones, Clifford'ssurance broker and shipowner, 1, Lime-st. and Leadenhall-st. April 21, at eleven, div. Hounslow, pet. cr. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Blackmore, C. tailor, Cork-st. April 22, at two.-Challen, J. brewer, Odiam, April 22, at twelve.-Coe, J. money scrivener, Sise-lane, April 22, at half-past eleven.- Denning, I. watchmaker, Titchborne-st. April 22, at twelve.-Eadle, E. commission agent, York-place, and Ordnance-rd. St. John'sbookseller, Chancery-lane, April 22, at eleven.-Fisher, W. wood, April 21, at eleven.-Fricker, H. innkeeper, Southampton, April 23, at one.-Frost, J. W. coffee dealer, Backlane, Kingsland-green, April 22, at eleven.-Gunn, R. corn inn, sol. Date of fiat, March 24. J. Warren, brickmaker, DORLING, EDWARD, Berlin wool dealer, Ipswich, April 9, at half-past eleven, May 11, at twelve, Basinghall-st. Com. Shepherd; Turquand, off. ass.; Reed and Langford, Friday-st. sols. Date of fiat, March 24. S., R., aud W. Block, warehousemen, Newgate-st. pet. crs. DUNNINGTON, HENRY, glove manufacturer, Nottingham, April 14, at half-past eleven, May 8, at half-past ten, Birmingham; Valpy, off. ass.; Freeth and Rawson, Nottingham, and Hodgson, Birmingham, sols. Date of fiat, March 21. F. Robinson, T. Moore, and J. Nixon, direc-dealer, Clare, April 22, at twelve.-Hawley, T. P. cheesetors of the Nottinghamshire Banking Company, pet. crs. EDMOND, WILLIAM and THOMAS, merchants, Liverpool and Bombay, April 17 and May 1, at twelve, Manchester; Hobson, off. ass.; Abbott, Charlotte-st. and Atkinson and Co. Manchester, sols. Date of fiat, March 6. P. W. V. Dudgeon, merchant, Manchester, and D. Scott, and R. ELLIS, JAMES ROBERT, brass founder, 144, Houndsditch, Richards, copartners, pet. crs. April 7 and May 11, at half-past twelve, Basinghall-st. Com. Shepherd; Graham, off. ass.; Lawrence and Plews, Bucklersbury, sols. Date of fiat, March 28. Bankrupt's own petition. ELKINS, VALENTINE, coach maker, coach smith, book- Howell, T. hotel keeper, Queen's Head-passage, Newgate- Meetings in the Country. Gazette, March 27. Allerton, R. wheelwright, Bootle cum Linacre, April 21, at eleven, Liverpool, aud.-Blinkhorn, W. manufacturing chymist, Little Bolton, April 8, at twelve, Manchester, proof of a debt.-Boulton, J. needle maker, late of Redditch, Tardebigg, Worcester, April 18, at eleven, Birmingham, div. Birmingham, div.-Elliott, S. and Allen, J. corn factors, Wakefield, York, April 20, at eleven, Leeds, joint aud. and April 21, at eleven, second and final joint div. and first and final sep. of each.-Kelly, W. L. printer and stationer, Tewkesbury, Gloucestershire, April 20, at half-past twelve, Bristol, aud. and April 22, at eleven, div.-Millership, T. coal and ironmaster, and retail brewer, Moseley New Colliery, Wolverhampton, Staffordshire, April 17, at eleven, Birmingham, and. and April 18, at eleven, div.-Reid, J. shipbroker, Newcastle, April 8, at twelve, Newcastle (adj. March 11), last exam.-Strin, C. coach proprietor, Birmingham, April 20, at eleven, Birmingham, final div. HAVARD, JAMES ROGER, commission agent and oil retailer, |