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At the County Court of Durham, at DURHAM, Nov. 1 at 10. Lancelot Christopher Clarke, Wolviston, Durham, clerk.Robert Francis Reed, Stockton-upon-Tees, Durham, land surveyor.-W. Mowbray Potts, Gateshead, Durham, assistant grocer. - Rob. Beers, Bishop Auckland, Durham, engine wright.-George Ranson, West Rainton, Durham, publican. At the County Court-house, at DURHAM, Nov. 2 at 10. Richard Hunter the younger, Hartlepool, Durham, chymist.

At the County Court of New Shire-hall, at BRECKNOCK, Oct. 27 at 10.

John Frederick Archbold, York-road, Lambeth, Surrey, barrister-at-law.

MEETINGS.

Herbert Morgan the elder, Oct. 27, New Shire-hall, Brecknock, sp. aff.-John Marchant, Hailsham, Sussex, farmer, Oct. 28 at 12, Bear-inn, Lewes, sp. aff.

dated Oct. 12.

FRIDAY, Oct. 15.

BANKRUPTS.

ANN LEMAN, Commercial-wharf, and Old Swan-pier, Up-
per Thames-street, London, ship owner and wharfinger,
dealer and chapman, Oct. 28 at half-past 1, and Nov. 26 at
half-past 12, Court of Bankruptcy, London : Off. Ass.
Graham; Sol. Browne, Walbrook.-Fiat dated Oct. 9.
FREDERICK LEAKE, Regent-street, and George-yard,
Westminster, Middlesex, relievo leather manufacturer, Oct.
25 at 2, and Nov. 26 at 1, Court of Bankruptcy, London:
Off. Ass. Turquand; Sol. Parkinson, Argylle-street.-Fiat
EDWARD LLOYD JAMES, Queen-street, Cheapside,
London, stationer, Oct. 28 at 1, and Nov. 26 at half-past
1, Court of Bankruptcy, London: Off. Ass. Graham; Sols.
Plucknett & Co., Lincoln's-inn-fields.-Fiat dated Oct. 5.
FRANCIS CLARK the younger, Bury St. Edmunds, Suf-
folk, innkeeper, dealer and chapman, Oct. 25 and Nov. 26 |
at half-past 11, Court of Bankruptcy, London: Off. Ass.
Graham; Sols. Stevens & Gosling, Gray's-inn-square. -
Fiat dated Oct. 8.

Oct. 12.

WILLIAM FRANCIS MERRETT, Greenwich, Kent, draper, dealer and chapman, Oct. 25 at 1, and Nov. 26 at 12, Court of Bankruptcy, London : Off. Ass. Graham ; Sols. Reed & Co., Friday-street, Cheapside. Fiat dated EDWARD JOHN ALLEN and FREDERICK WILLIAM ALLEN, Seymour-place, Bryanstone-square, Middlesex, riding masters and dealers in horses, Oct. 29 at half-past 2, and Dec, 2 at 1, Court of Bankruptcy, London : Off. Ass. Bell; Sol. Robinson, Orchard-street, Portmansquare.-Fiat dated Oct. 8.

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SAMUEL KIMBERLEY and BRYANT ORGAN, West-
bromwich, Staffordshire, soda water manufacturers, dealers
and chapmen, Oct. 23 at 12, and Nov. 13 at 11, District
Court of Bankruptcy, Birmingham: Off. Ass. Valpy; Sol.
GEORGE BRYANT, Bristol, baker and grocer, Oct. 28 and
Collis, Stourbridge.-Fiat dated Oct. 5.
Nov. 25 at 11, District Court of Bankruptcy, Bristol: Off
Ass. Hutton; Sols. Sabine, Bristol; Trehern & White,
Bucklersbury, London.-Fiat dated Oct. 9.

DANIEL PINKSTONE, Cheltenham, Gloucestershire, inn-
keeper, dealer and chapman, Oct. 28 and Nov. 26 at 1,
District Court of Bankruptcy, Bristol: Off. Ass. Hutton;
Sols. Newman & Co., Cheltenham.-Fiat dated Oct. 1.
THOMAS DALTON, Darlington, Durham, rope manufac
turer, Oct. 26 and Nov. 26 at 1, District Court of Bank.
ruptcy, Newcastle-upon-Tyne: Off. Ass. Wakley; Sols.
Mewburn, Darlington; Harle, Newcastle-upon-Tyne.-
Fiat dated Oct. 7.

MEETINGS.

David Elwin Colombine, Carlton-chambers, Regent-street, Westminster, money scrivener, Nov. 4 at 11, Court of Bank. ruptcy, London, last ex.-Rich. Chantler, Pendleton, Eccles, Lancashire, joiner, Oct. 25 at 12, District Court of Bankruptcy, Manchester, last ex.-Wm. Wilks Blackett, Richard Thackray, and Robert Tennant, Manchester, cloth merchants, Nov. 11 at 11, District Court of Bankruptcy, Leeds, last ex. sep. est. of R. Thackray.-Ed. Beck, Ipswich, Suffolk, doctor of medicine, Oct. 28 at half past 1, Court of Bankruptcy, London, last ex.-Wm. Guy Boucher, Stepney-green, Middlesex, merchant, Oct. 28 at half-past 12, Court of Bankruptcy, London, last ex.-Jas. Edmund Pye, Berkeley-square, Middlesex, milliner, Nov. 5 at half-past 12, Court of Bankruptcy, London, aud. ac.-Thos. Man Lake, Uxbridge, Middieses, | bookseller, Nov. 5 at 12, Court of Bankruptcy, London, aud. ac.-Hen. Louis Davis, Ludgate-hill, London, dealer in glass, Nov. 5 at half-past 11, Court of Bankruptcy, London, aud. ac.-John Christopher Addison, Margaret-st., Cavendish-square, Middlesex, grocer, Nov. 5 at 11, Court of Bank. ruptcy, London, aud. ac.— -Wm. Howlett, Albany-road, Old Kent-road, Surrey, builder, Nov. 5 at 1, Court of Bankruptcy, London, aud. ac.-Geo. Brown, Southampton, builder, Nov. 8 at 11, Court of Bankruptcy, London, aud. ac.-Chas, Gilman, Oxford-st., Middlesex, oilman, Nov. 8 at half-past 11, Court of Bankruptcy, London, aud. ac.-John Ingham, Liverpool, woolstapler, Nov. 8 at 11, District Court of Bank. ruptcy, Liverpool, aud. ac.; Nov. 11 at 11, div.-Maurice Jones, Liverpool, saddler, Nov. 8 at 11, District Court of Bankruptcy, Liverpool, aud. ac.; Nov. 11 at 11, div.-Hen. Cole, Liverpool, hat manufacturer, Nov. 8 at 11, hat manufac turer, Nov. 8 at 11, District Court of Bankruptcy, Liverpool, aud. ac - Wm. Beamer, Low-hill, West Derby, Lan ashire, joiner, Nov. 8 at 11, District Court of Bankruptcy, LiverJAMES JOHNSON, Langley-place, Commercial-road East, pool, aud. ac.; Nov. 11 at 11, div.-Ed. Swanwick Boult, Middlesex, leather seller, dealer and chapman, Oct.27 at Liverpool, stock broker, Nov. 8 at 11, District Court of Bankhalf-past 2, and Dec. 2 at 11, Court of Bankruptcy, Lon- ruptcy, Liverpool, aud. ac.; Nov. 11 at 11, div.-Wm. Wag don: Off. Ass. Bell; Sol. Fluder, 12, South-sq., Gray's- staff, Liverpool, cabinet maker, Nov. 8 at 11, District Court of Bankruptcy, Liverpool, aud. ac.-Wm. Ogden, ChorltonJOHN CABORN BARR, Old Bailey, London, and Black-upon-Medlock, Manchester, flour dealer, Nov. 9 at 12, Disman-street, Southwark, Surrey, hatter, Oct. 29 at 11, and trict Court of Bankruptcy, Monchester, aud. ac. - Sarah Dec. 2 at 2, Court of Bankruptcy, London: Off. 'Ass. Bowring, widow, Pendleton, near Manchester, plumber, Nov. Johnson; Sol. Hillary, Fenchurch-street. Fiat dated 9 at 12, District Court of Bankruptcy, Manchester, aud.ac.; Nov. 10 at 12, div.-Denis Watson, Clitheroe, Lancashire, CHARLES HOWE, Plymouth, Devonshire, draper, dealer innkeeper, Nov. 8 at 12, District Court of Bankruptcy, Manand chapman, Oct. 27 at 11, and Nov. 18 at 1, District chester, aud. ac.-David Goodman, Manchester, tobacconist, Court of Bankruptcy, Exeter : Off, Ass. Hernaman; Sols. Nov. 8 at 12, District Court of Bankruptcy, Manchester, Sale & Co., Manchester; Stogdon, Exeter; Reed & Co., aud. ac.-James Lee, Sutton Coldfield, Warwickshire, cabi net case maker, Nov. 10 at 12, District Court of Bankruptcy, Birmingham, aud. ac.-Wm. Henry Lovatt, Wolverhampton, Staffordshire, factor, Nov. 9 at 12, District Court of Bankruptcy, Birmingham, aud. ac.-Gilbert Duplan, Regent's place, Westminster, Middlesex, tea dealer and grocer, Nov. 5 at 2, Court of Bankruptcy, London, div.-John Kirkland, New-street, Covent-garden, Middlesex, grocer, Nov. at 2, Court of Bankruptcy, London, div. Ricketts and Trevenen James, Moorgate-st., London, mer chants, Nov. 5 at 11, Court of Bankruptcy, London, div. Thomas Gammage, King-st., Seven-dials, and James Molt, JOHN PARTINGTON, Wyre Piddle, Worcestershire, cattle Broad-st., Bloomsbury, Middlesex, cheesemongers, Nov. 6 at dealer, Oct. 26 and Nov. 20 at 11, District Court of Bank-11, Court of Bankruptcy, London, fin. div. - Eliz. Smith ruptcy, Birmingham: Off. Ass. Christie; Sols. Wilson, Dykes, Romford, Essex, basket maker, Nov. 6 at half-past 11, Worcester; Smith, Birmingham.-Fiat dated Oct. 7. Court of Bankruptcy, London, fin. div.

inn.-Fiat dated Oct. 12.

Oct. 12.

London. -Fiat dated Oct. 8.

RICHARD LINELL, Shrewsbury, Shropshire, grocer,
dealer and chapman, Oct. 26 and Nov. 20 at 11, District |
Court of Bankruptcy, Birmingham: Off. Ass. Valpy;
Sols. Motteram & Knowles, Birmingham; Smith & Co.,

Bedford-row, London.-Fiat dated Oct. 12.

GILES DAVIES, Maesbury, Oswestry, Shropshire, miller,
Oct. 23 and Nov. 20 at 11, District Court of Bankruptcy,
Birmingham: Off. Ass. Whitmore; Sols. Salter & Co.,
Ellesmere, Shropshire; Hodgson, Birmingham.-Fiat dated

Oct. 1.

Frederick

Wm. Harding,

Stockport, Cheshire, cotton manufacturer, Nov. 10 at 11, District Court of Bankruptcy, Manchester, div.- William Wain, Manchester, pocket book manufacturer, Nov. 12 at 12, District Court of Bankruptcy, Manchester, div.- James Udale, Oakamoor, Staffordshire, corn dealer, Nov. 9 at 12, District Court of Bankruptcy, Birmingham, div.-John Page, Walsall, Staffordshire, iron dealer, Nov. 9 at 12, District Court of Bankruptcy, Birmingham, div.-John Keddy and Thomas Keddy, Bridlington, Yorkshire, booksellers, Nov. 10 at halfpast 10, District Court of Bankruptcy, Kingston-upon-Hull, div.-John Horsfall, Leeds, Yorkshire, stuff dyer, Nov. 11 at 11, District Court of Bankruptcy, Leeds, div.-W. Frederick Atkinson, Wakefield, Yorkshire, woolstapler, Nov. 11 at 11, District Court of Bankruptcy, Leeds, div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting.

W. Howlett, Albany-raad, Old Kent-road, Surrey, builder, Nov. at 1, Court of Bankruptcy, London.-Jas. Osborn, Oakham, Rutlandshire, glass dealer, Nov. 5 at 2, Court of Bankruptcy, London.-Diedrick C. H. Lomer, London-st., London, merchant, Nov. 5 at half-past 1, Court of Bankruptcy, London.-Charles Lewis, Stangate-street, Lambeth, Surrey, tin plate manufacturer, Nov. 8 at 11, Court of Bankruptcy, London.-Chas. Gilman, Oxford-street, Middlesex, oilman, Nov. 8 at half-past 11, Court of Bankruptcy, London.-Chas. Robertson, Leicester-place, Leicester-sq., Middlesex, master mariner, Nov. 8 at 12, Court of Bankruptcy, London.-Jas. Holmyard, Ogle-st., Foley-pl., Middlesex, furniture broker, Nov. 6 at half-past 12, Court of Bankruptcy, London.-Dav. Winton, Gutter-lane, London, commission agent, Nov. 9 at 11, Court of Bankruptcy, London. -Abel Quarterman, Oxford, breeches maker, Nov. 9 at 2, Court of Bankruptcy, London.-Benjamin Bromley, Great Bromley, Essex, dealer in cattle, Nov. 9 at 12, Court of Bankruptcy, London.-Geo. Baker, Ludgate-hill, London, grocer, Nov. 10 at 1, Court of Bankruptcy, London.-Rob. Wills, Tottenham-court New-road, Middlesex, statuary, Nov. 9 at 1, Court of Bankruptcy, London.—Wm. C. Paul, Romford, Essex, sheep salesman, Nov. 10 at half-past 2, Court of Bankruptcy, London.-Wm. Quincy, Old-st., St. Luke's, Middlesex, tin plate worker, Nov. 9 at 1, Court of Bankruptcy, London.-Isaac Boyd, Spital-square, Middlesex, silk manufacturer, Nov. 10 at 11, Court of Bankruptcy, London. Chas. Jones, Birkenhead, Cheshire, printer, Nov. 19 at 11, District Court of Bankruptcy, Liverpool.-Jos. T. Hobson, Liverpool, drysalter, Nov. 19 at 11, District Court of Bankruptcy, Liverpool.-Joseph Fearnley, Bradford, Yorkshire, worsted stuff manufacturer, Nov. 11 at 11, District Court of Bankruptcy, Leeds.—Morris Lyons, Birmingham, druggist, Nov. 9 at 11, District Court of Bankruptcy, Birmingham. Chas. G. Hill, Preston and Blackpool, Lancashire, artist, Nov. 11 at 11, District Court of Bankruptcy, Manchester.Geo. Whitehead, John Settle, John Smith, John Hyde, Wm. Kelsall, Jas. Holden, Thos. Barlow, Duncan Crighton, John Jones, Thos. Mallinson, Wm. Foster, Dav. Crighton, and Jas. Ashworth, Nov. 10 at 11, District Court of Bankruptcy, Manchester.

INSOLVENT DEBTORS

Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process.

Edw. Drake, Hawsted, Suffolk, butcher, Oct. 29 at 10, County Court of Suffolk, at Bury St. Edmunds.-George Weston, Brighton, Sussex, harness maker, Oct. 29 at 2, County Court of Sussex, at Brighton.-John Turten, Bradford, Yorkshire, overlooker, Oct. 21 at 11, District Court of Bankruptcy, Leeds.-Francis Earle, Scriven with Tentergate, Knaresborough, Yorkshire, stone mason, Oct. 21 at 11, District Court of Bankruptcy, Leeds.-John King, Ripon, Yorkshire, innkeeper, Oct. 21 at 11, District Court of Bankruptcy, Leeds.-Thos. Pashley, Sheffield, Yorkshire, stone mason, Oct. 28 at 12, County Court of Yorkshire, at Sheffield.Dav. R. Baker, West Bromwich, Staffordshire, blacksmith, Oct. 25 at 9, County Court of Staffordshire, at Oldbury. The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute:

-

Nov. 1 at 10, before the CHIEF COMMISSIONER.
Geo. Mills, Montague-place, Old Montague-st., Brick-lane,
Whitechapel, Middlesex, circular sawyer.-William Reed,
Brooksby-st., Barnsbury-park, Islington, Middlesex, grocer.
-Chas. J. Jonson, Manor-st., Old Kent-road, Surrey, out of
employment.

Wednesday, Oct. 13.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons;-
(On their own Petitions).

William Neale Walton, Belvedere-road, Waterloo-bridge, Surrey, civil engineer: in the Gaol of Surrey.-George A. H. Chichester, Esq., Hotel de Provence, Leicester-square, Middlesex in the Queen's Prison.-David Moore, Sand-street, New Chorlton, Woolwich, Kent, milkman: in the Queen's Prison.—John Moore, Mivendon, near Halifax, Yorkshire, farmer: in the Gaol of York.—John Albiston, Chorlton-upon- Medlock, Manchester, share broker: in the Gaol of Lancaster.-Henry Booth, Chorley, Lancashire, out of business : in the Gaol of Lancaster.-Joseph Burgess, Chorlton-uponMedlock, Manchester, out of business: in the Gaol of Lancaster.-Joseph Clegg Bradbury, Oldham, Lancashire, cotton spinner: in the Gaol of Lancaster.-James Cheetham, Oldham, Lancashire, out of business: in the Gaol of Lancaster.Henry Ecroyd, Salford, Lancashire, out of business: in the Gaol of Lancaster.-John Farrington, Hulme, Manchester, assistant to a pawnbroker: in the Gaol of Lancaster.—Joseph Garner, Hulme, Manchester, baker: in the Gaol of Lancaster.-James Greenhalgh, Accrington, Lancashire, gas fitter: in the Gaol of Lancaster.-George Harsnett, Hulme, Manchester, shoe maker: in the Gaol of Lancaster.-John M'Connall, Holt-town, Manchester, dealer in ale: in the Gaol of Lancaster.-W. Fielding Marshall, Manchester, reed maker: in the Gaol of Lancaster.-Jebson Oddy, Manchester, out of business in the Gaol of Lancaster.-Frederick Henry Oclee, To be allowed by the Court of Review in Bankruptcy, unless Oldham, Lancashire, watch maker: in the Gaol of Lancaster. -Wm. Procter, Salford, Lancashire, butcher: in the Gaol Cause be shewn to the contrary on or before Nov. 5. of Lancaster.-Richard Read, Blackburn, Lancashire, porter: Geo. Roberts, Rodborough, Gloucestershire, miller.-James in the Gaol of Lancaster.-Moses Ratcliffe, Leigh, Lancashire, Baggott, Worcester, licensed victualler. Thomas Reader, dealer in coals: in the Gaol of Lancaster.-I. Robinson, WaterFoleshill, Warwickshire, miller.—Benj. Gage, Gosport, South-head-mill, near Lancashire, out of business: in the Gaol of Lanampton, victualler.-Thos. Melton, Lincoln, victualler.

PARTNERSHIPS DISSOLVED.

Jas. Terrell, Exeter, solicitor, and Edw. Hunt Roberts, Exeter, solicitor and conveyancer.- Francis Beetham and Charles Foulger, Tanfield-court, Temple, London, attornies and solicitors.

SCOTCH SEQUESTRATIONS.

Wighton, Gray, & Co., Glasgow, merchants.-Hugh Monteith, Glasgow, manufacturer.-John Finnie & Co., Muiravonside, Stirlingshire, steel manufacturers.-M. Kennedy, North Port or Castle Gable of Perth, spirit dealer.-Reid, Robertson, & Co., Glasgow, merchants.-Ewing, Smith, & Aird, Glasgow, merchants.

caster.-T. Robinson, Oldham, Lancashire, out of business: in the Gaol of Lancaster.-Benj. Salkeld the younger, Manchester, professor of music: in the Gaol of Lancaster.-John Thompson, Liverpool, out of business: in the Gaol of Lancaster.-John Barrett, Guiseley, near Otley, Yorkshire, cloth manufacturer: in the Gaol of York.-Henry Taylor, Church, near Blackburn, Lancashire, block cutter: in the Gaol of Lancaster.-Hannah Cotter, Liverpool, out of business in the Gaol of Lancaster.-John Phillips, Harrogate, Yorkshire, share dealer: in the Gaol of York.-Andrew M'Kibbin, Manchester, linen merchant: in the Gaol of Lancaster.-James Garton, Bridlington, Yorkshire, butcher: in the Gaol of Kingston-upon-Hull.-Geo. R. Knott, Lancaster, tailor: in the Gaol of Lancaster.-Wm. Brooks, Liverpool, porter: in the Gaol of Lancaster.-Thomas Timlott, Bosley, near Mac

clesfield, Cheshire, sawyer: in the Gaol of Chester.-Ashton
Lees, Royton-road, near Oldham, Lancashire, out of business :
in the Gaol of Lancaster.

At the County Court of DURHAM, at Durham, Oct. 30 at 12.
Geo. Acons, Newcastle-upon-Tyne, woollen draper.

TO SOLICITORS, SURVEYORS, &c.-Islington.—To

be LET, a publicly situated OFFICE in the main road, and near the county court, forming portion of an estate office. Terms 521. per annum, including firing, gas, and attendance of clerk and laundress An excellent opening for any gentlemen commencing practice. Eatrance, including use of furniture, &c., 20. Address, W. V., 95, Gaswell-road, Islington.

At the County Court of Buckinghamshire, at AYLESBURY, IMPORTANT TO THE PROFESSION AND THEIR

Nov. 3.

Frederic Miles, Stoke Hammond, farming bailiff.

The Queen has been pleased to appoint Francis Brady, Esq., to be Chief Justice for the Island of Newfoundland.

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HAD our recent comments upon the disgraceful state of the law relating to seduction required any further illustration, it would have been fully afforded by a case which has appeared in the Journals during the past week. A person of fortune was charged before the Lord Mayor with having abducted the daughter of a respectable tradesman. The seducer planned the ruin of his victim in the most systematic and artful manner; he took lodgings near her father's house in order to carry out his purpose; at length enticed her from her home, effected his object under the pretence that he would marry her, and then abandoned her to her fate. The girl was nineteen years of age, therefore the charge of abduction fell to the ground, the stat. 9 Geo. 4, c. 131, applying only where the age is under sixteen years.

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her seduction from virtue, could not have been set up as an answer to the more serious charge.

Even in the present most defective condition of our law on this subject, we should think there would be a remedy, under the circumstances which we have stated. The question now always is-Did the relation of master and servant exist at the time when the injury was committed? Having been shewn to have once existed, was it put an end to by the wrongful act of the defendant? It is not necessary, in all cases, that the daughter should be under the roof of her parent when the seduction occurred. A mere temporary absence, as a visit to a friend, with an animus revertendi, will not bar the action. (Booth v. Charlton, 5 East, 47; Blaymire v. Hayley, 6 Mee. & W. 57). And the present is stronger than the Nisi Prius case of Speight v. Oliviera, (2 Stark. 493), in which it was held by Abbot, C. J., that the action would lie, where the defendant, with intent to seduce the daughter, had hired her, and by this means obtained possession of her person. The learned judge asked, "Had she ceased to be the servant of her father? If the jury be of opinion that the defendant practised a fraud and contrivance to procure her to leave her father's house, without any real intention to hire her as a servant, I am of opinion that the action is maintainable."

Is there no remedy for such an injury as this? Is there no tribunal to which the sorrowing father can appeal for justice? Such are the questions which naturally occur. It is now established beyond all doubt by the decisions of our Courts, that the fiction of loss of service is the legal foundation of the parent's complaint in these cases; that if the child be in the service of the seducer, the remedy is lost; and it is said to have been held in a trial before Wilde, C. J., a few months ago, In the present case, there was not even a pretence of that no action lies, if the daughter voluntarily abandons hiring. It may be said that Speight v. Oliviera was her home, and thus withdraws herself from the protec- merely a Nisi Prius decision; it was, however, the detion of her parent. We are not acquainted with the cision of a very eminent judge; and, on its being cited facts of that case, but we should have inclined to the in Harris v. Butler, (2 Mee. & W. 542), Parke, B., opinion, that if she had been persuaded to leave by recognised it, and said, "There, the wrong was done the seducer, whether by false pretences or not, the under colour of a contract, and the defendant's fraud rights of third parties could not have been barred did not destroy the original relationship between the thereby; that she would, in fact, have been taken father and the child. In the cases cited in Dean v. away; and that the clearly wrongful act of seducing | Peel, (5 East, 45), though the daughter was not at her her from the service of her parent, without reference to father's house at the time, she was only casually absent 00

VOL. XI.

on a visit with animus revertendi; and, as Lord Ellenborough observed, 'In those cases the implied relationship of master and servant continued.""

An indictment lies for seducing a servant from her master, or a wife from her husband; and in Lord Grey's case, (9 St. Tr. 127), it was maintained for a conspiracy to entice away a young lady with intent to

seduce her.

We, therefore, trust there does remain a remedy, however inefficient, either by action or indictment, for so gross a wrong as we have stated, but it is monstrous, that, in these days, absurd fictions should prevent substantial justice from being done, or should throw. doubts and difficulties in the way of those who are entitled to claim it. Surely, the Legislature are bound to interfere, and to enact that proof of the mere injury itself, the seduction of a daughter, shall be sufficient to entitle the parent to damages. We should like to see the whole class of cases on this subject rendered of no authority by such an enactment, and to behold the "per quods" and "servitiums," as connected with so serious an injury, consigned to the tomb of the "latitat" and "quo minus."

The feeling in this respect among lawyers, as we should think among all classes, has long been in advance of the law itself; and in looking through the decisions on the matter, we find even the reporters laying aside their customary reserve, and giving vent to their opinions.

In a note to Grinnell v. Wells, (7 Man. & Gr. 1044), it is forcibly said, "The quasi fiction of servitium amisit affords protection to the rich man, whose daughter occasionally makes his tea, but leaves without redress the poor man, whose child is sent unprotected to earn her bread among strangers." And in a note to Speight v. Oliviera, Mr. Starkie thus expresses himself:-"The claim to damages in such cases, which is founded upon principles of strictest justice, the enforcement of which is absolutely essential to curb licentiousness and preserve the morals of society, ought not to depend on a mere fiction, over which the Courts possess no control. It is a reproach to the law of England that the right to damages should not be necessarily consequent on the injury. Surely it is worthy the attention of the Legislature to find a remedy for an evil of such magnitude."

OBSERVATIONS ON THE EXECUTION OF WILLS.

Some very singular decisions (Ayres v. Ayres, 11 Jur. 417; Willis v. Lowe, Id. 807) have recently been made in the Prerogative Court, on the construction of the 9th clause of the Wills Act, by which it will be recollected that a will" shall be signed at the foot or end thereof by the testator," &c.

In Ayres v. Ayres the body of the will was written on one side of a sheet of paper, leaving a blank space of about two inches at the bottom; and then the attestation clause and signature were written about the middle of the second side. There were several interlineations and alterations in the body of the will; but there was no evidence to shew whether they were made before or after the signing. It was held that the will was not properly signed at the foot or end thereof, according to the statute. In Willis v. Lowe the body of the will was contained in the two first sides of a sheet of letter paper, ending about two-thirds down the second side; there were no alterations or interlineations; the signature and attestation clause were on the third side, beginning at some distance from the top; and Sir H. Jenner Fust held, in this case also, that the testatrix did not sign her name at the foot or end of the will. It

would have been satisfactory if the learned judge had said in this case, where, in relation to the will, the tes tatrix did sign, if she did not sign at the foot or end of Neither did she sign at any part of the body of the will, it. She did not sign at the beginning, that is clear. nor at any of the sides or corners of it. Where then did she sign except at the end, if she signed the will at all? The rule laid down by this case is one of propor tion, without any standard being fixed by which to the argument that the attestation clause, or the names measure the proportion. The Court did not accede to of the testator and witnesses, should follow the end of the will as near as possible. Yet it held the signature not at the end of the will, because it was a good way off. What then is the specific distance from the end of a will within which the act justifies the signing? The reasoning in Ayres v. Ayres upon the equity of the statute, that it was intended to prevent anything being done to the will after execution, or to prevent the whole of the will from being written after the signature and attestation, might be proper in that case, where, if there was not primâ facie ground for presuming that something had been done after the execution of the will, there was, at least, the absence of primâ facie ground for presuming that nothing had been done; the alterations and interlineations unexplained affording ground for at least doubting whether the will was complete at the time of its execution. But in Lowe v. Willis there was neither alteration nor interlineation; nothing, in fact, on which to found any doubt whether the will was as originally written, nor anything on which to found a presumption rebutting the natural presumption arising from a person purporting to sign a will, viz. that there is a will for him to sign. The rule suggested by the counsel opposing probate, and rejected by the Court, that the proper construction of the act is, that the signature of the testator should be as near the foot or end of the will as circumstances admit, would at least have an approach to something positive. If there was at all room for the signature and attestation, the case of The Goods of Carver, and the other cases of that nature, cited in Ayres v. Ayres, would not apply; and though, even in this way of construing the act, there would be some degree of vagueness, because, whether there is room for a signature may depend on the length of the name and the habitual mode of signing of the testator, still, m persons, on looking at a writing on a piece of paper, would agree in their judgment, whether there was or was not, at its conclusion, the minimum of space within which a signature could be inserted. But when we depart from this rule, and yet do not adopt the broader rule, that a signature placed anywhere after the conclusion of a written instrument is written at the eal of it, but hover between the two extremes, and say that, whether a signature is at the end of a will or not depends on the quantity of space left waste be tween the conclusion of the will and the signature, an element of such great uncertainty is introduced into the rule, that it is really as bad as judging by the length of the Chancellor's foot.

What test, we would ask, is there in the common understanding of language, of one writing being at the end of another, except its being on the same piece of paper or parchment, or attached to the same piece of paper or parchment as the conclusion of the first writing, and, following such conclusion, in contradistinction to preceding it, or bearing any other local relation to it? That the statute did not limit the locality of the signature a will to the spot immediately below its conclusion, is admitted by the Court in both the cases cited. But if so, what is the space that may intervene without tak ing the signature away from the end? Is it necessary at all that it should be on the same page? That is not the decision in Willis v. Lowe; nor is it consistent

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