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circumstances to have enabled the Court to deliver to the lessee an abstract of the title

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to the freehold ; and Lord Tenterden very recently decided at nisi prius, that upon the sale of a lease without any stipulation for making a good title, or for the production of a lessor's title, that the purchaser cannot insist on its production.

However, these cases at common law may now be considered to be overruled. In Roper v. Coombes, where A., by agreement, made on the 31st of March, agreed to grant

judge of them not to state his belief, but to bring to the Court the means of founding a presumption. I do not think that the evidence here is sufficient, and on that ground it is, that I allow these exceptions. I confess I do not see any reason to think that this property may not be of ample value for the purpose of indemnity. It seems to me that the property is sufficient in point of value; on the other point, I think the case must go back to the Master.ba lease of certain premises, habendum from It will be seen that it was laid down by the 29th of September then next for counsel in this case, without disapproba- twenty-one years, in consideration of 1007., tion from the Court, that a forty years' title of which 101. were to be paid on the 13th is now sufficient. of April, and the residue on having possession of the premises, but no time for granting the lease was fixed by the agreement, and B. being called upon to pay the 907., demanded an abstract of title, which was refused, whereupon he gave notice that he would rescind the contract, and commence an action to recover the 107. which he had paid. It was held that he was entitled to Where an auctioneer on a sale of lease-recover, it being proved at the trial that at holds, omitted the usual clause, dispensing the time when the action was brought, A. with the necessity of producing his em- had no power to grant the lease contracted ployer's title, Lord Ellenborough considered for. the negligence so gross as to preclude the auctioneer from recovery for his trouble in the sale. But it has been very recently decidede that where, on the sale of leasehold property, one of the conditions of sale was that the vendor "should not be obliged to produce the lessor's title" the vendee having aliunde discovered certain defects in the lessor's title, he was entitled to resist the completion of his purchase, notwithstanding the above condition.

Another disputed question in the law of marketable titles is in what cases on the purchase of a lease, the purchaser can compel the production of a lessor's title. We endeavoured in our ninth volume, p. 113,c to collect the cases and state the law as to this, and we may here, after this interval, recapitulate our conclusions.

We are, however, here to consider the cases where there has been no stipulation on the subject by the parties, and they are left to their legal rights. It is now well settled in Courts of Equity, that a vendor cannot compel a specific performance of a contract for the purchase of leaseholds, without furnishing an abstract of title,f on the principle, among others, that he who seeks equity must do it. But it has been repeatedly held at common law, that a lessor who enters into a contract for land does not thereby impliedly engage that he will

b Cotterell v. Watkins, 1 Beavan, 361; and see Cotterell v. Lord Kensington, 2 L. O. 60. c See also 9 L. O. p. 182.

Cited by Lord Denman, C. J.; Souter v. Drake, 3 N. & M. 45.

e Shepherd v. Kentley, 1 C. M. & R. 117. Fildes v. Hooker, 2 Meriv. 424; Purvis v. Rayner, 193; White v. Foljambe, 11 Ves. 337 18 Ves. 505.

In a still later case it was held by Lord Denman, C. J., and the Court of King's Bench, "that, unless there be a stipulation to the contrary, there is in every contract for the sale of a lease, an implied undertaking to make out the lessor's title to demise, as well as that of the vendor to the lease itself, which implied undertaking is available at law as well as in equity;" and the Court refused to adopt the distinction acted upon in George v. Pritchard.

It still remains undecided whether a lessee can in equity, as plaintiff, call for the lessor's title; but perhaps it is not too much to say, that according to the present feeling of the Courts on this subject, he would succeed in such an application.

Where the contract is between the assignor and assignee of a lease, it appears that if the assignor can compel the production of the freehold title, the assignee will be entitled to its production, and where it is impossible for him to do so, a purchaser may recover his deposit and costs. The latest case on this point is the following,

k

Temple v. Brown, 6 Taunt. 60 ; Gwillim v . Stone, 3 Taunt. 433; Sug. V. & P. 306.

George v. Pritchard, 1 Ry. & Moo. 417. i 6 B. & C. 534; 9 D. & R. 562 Souter v. Drake, 3 Nev. & M. 40. k See White v. Foljambe, 11 Ves. 337. 1 Flureau v. Thornhill, 2 W. Bla. 1078.

Were I Solicitor General!-The Penny Pastage Act.

which, however, does not decide the main question, although it bears on it.

A party contracted for the purchase of the benefit of an agreement for the lease of a public house, and also of the stock and goodwill. He entered into possession before the lease had been granted, paid part of the purchase money, and mortgaged his interHeld, by Lord Langdale, M. R., that after this mode of dealing he was not entitled to call for the production of the lessor's title, or for evidence that the lease was made in conformity with the power under which it was granted.m

est :

WERE I SOLICITOR GENERAL!

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an approving smile. Then we go on with our proofs. The case is on the point of breaking down, when, by the judicious course I pursue, I at once restore it, and every thing goes right for a conviction. Maule tells me afterwards it could not have been done better. Well, so far so good. I return to town,-I find that one of the cabinet had been present all the time, disguised as an attorney's clerk. I learn, accidently, he has mentioned me to Lord Melbourne, who it is well known is puzzled as to whom he shall appoint. I am sent for, I am asked to take it. Of course, I assent. I am appointed Solicitor General. I am introduced at once into the House of Commons, and make my maiden speech. The House is electrified, the Tories tremble prodigiously. Campbell is promoted. I am offered the Attorney Generalship, which I of course accept. All this time I

to the Queen, who this time takes particular notice of me, and invites me to dinner, which of course I accept. She is charmed with my wit and information. Melbourne on this looks somewhat displeased, but I restore his good humour by my admirable advice to him on the conduct of his government, and my brilliant speech in the House in its defence. Cottenham retires,-I am offered the Great Seal. I am appointed Lord Chancellor of Great Britain, and retain the entire confidence of the Queen. I am of course created a Peer. I should like to know what Miss Jenkins, who declined to dance with me a second time last Tuesday evening, would say then. I meet with complete success in the House of Lords. Brougham and Lyndhurst sink into insignificance. I preside over the Court of Chancery with mingled urbanity and dignity; the arrear is soon disposed of-I reduce it to a mere shadow.".

"WERE I Solicitor General, we should see how they would look then," said Mr. Horatio Luckless, on arriving at Pump Court. He had just returned from West- have been in full practice. I am presented minster, where he had not failed in attendance on any day in the Term; but where, alas! he had as yet not had an opportunity given him of addressing any of the fifteen Judges. He now wound his way up his long dirty staircase to the very topmost story,-pulled down the little notice of his clerk, pinned to the outer door, "return at six,"-drew from his pocket his ponderous key, unlocked the door, and pulled it open. Here he saw his fire burning; his books and furniture all right; but nothing, I regret to say, to remind him that during his absence any client had appeared. He now prepared for his dinner: his laundress had placed two mutton chops in a plate ready for him in his clerk's room, and these he now essayed, by the help of his bachelor's oven, to cook himself. "Oh!" said he, fixing them before the fire, more improbable things have come to pass than that. It is true, I have been called some time, and have not made much way yet, but who can say what to-morrow may bring forth? Who knows that the government may not take me on as counsel in the special commission! They will want a working junior well used to sessions practice. Well, down I go. The third day Frost is brought up; Campbell happens to be taken ill. I chance to have got up all the facts. I am asked to THE Penny Postage Act will come partially take the lead. This, of course, I consent into operation on the 5th of next month to do, although a little nervous at first. (December), and as we take much interest Well, now comes my turn. I open in in the measure, which we consider a great grand style, and go through the whole boon to the profession, we shall endeavour statement to the complete satisfaction of to facilitate it by every means in our power. the Court. Tindal, at the close, gives me The first instalment will reduce the postage on all general post office letters of half an

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m Haydon v. Bell, 1 Bea. 337.

And here, alas! poor Luckless cast his eyes on his mutton chops. In his dream of greatness he had forgotten to turn them, and, I grieve to say, they were reduced to a cinder!

THE PENNY POSTAGE ACT.

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Lord Chancellor's Chaff-wax, he clapped the seal to a piece of parchment, and got it signed, and served it on them without more a-do. They, thinking it all right, were struck quite dumb on beholding it, and did not dare to make any opposition to it. Indeed, knowing their guilt, they have not ventured to say a word until lately. when hearing that Botherum was himself out of employ, or dead as some say, they have began to make a prodigious outcry, and have resorted to all sorts of devices to impose on the charitable and humane. Some have gone about the streets with a wig on a pole, making a most horrible howl

ounce weight to fourpence, each additional half ounce costing an additional fourpence. Letters embraced by the circle of the 2d and 3d delivery may be sent for 1d. by prepayment. The main object of both these alterations, we conceive, is to accustom the post office all over the country to the more extensive change which will follow. It will be observed that our work, and similar unstamped publications may, after the 5th of December, be sent through the post office for 1d. to all places within the range of the 2d and 3d deliveries, a very large district, and, on the larger measure coming into operation, to any part of the kingdom on payment of the same sum of one penny. [Seeing, and singing songs of a seditious tenthe act in the next page.]

CAUTION.-STURDY BEGGARS.

THE Mendicity Society has been so good as to send us an account of a gang of sturdy beggars which has lately infested the neighbourhoods of the Courts of Law at Westminster, and of the Inns of Court; and knowing the charitable and good-natured habits of our professional brethren, we very readily use our best endeavours to put them on their guard as to the imposition attempted to be practised on them. These fellows, we understand, consist of a knot of some twelve or fifteen persons, who appeal to the charitable, sometimes singly, sometimes in twos or threes, disfigured with patches, and fluttering in rags, obtruding their feigned wounds on the public, and representing themselves to be in a starving condition. They have a long tale about their grievances, and declare they were once in a respectable way of business, but are now quite broken down. They seem to have been, by their own account, a kind of hand-loom weavers, spinning long yarns, which, having no competition, they sold at a considerable profit; and more, indeed, as they sometimes admit, than they were worth; but that about the year 1834 their patent expired, and that ever since their business has been falling off. A warrant, it seems, was about this time issued against them, which they say was illegal, and this did all the mischief, for the workmen in the adjoining courts having heard of it, came and drove most of them away from their old place of business. This warrant, it seems, was served on them quite suddenly one morning, by one Botherum, a very knowing fellow, who had long had a spite against them; and happening to know the

dency. Others assail any respectable old gentleman or lady they may meet with; and request that they will purchase their small articles, which they declare they are willing to sell at a sacrifice, whereas they are in fact worth little or nothing. Two or three of them have made themselves especially conspicuous. One sturdy looking fellow, with a most determined eye and manner, is a sort of leader among them, and especially noisy; he may be called, in fact, a Solicitor General for the whole gang. This man, on being offered a Mendicity ticket, is remarkably saucy; says he only wants his rights (or writ of rights, as he sometimes calls it), and that he will have 'em. It is well known that this hardened individual is an excellent workman, and has more than he can do; and on being followed to his own home, may often be found sitting at a table with a good hot dinner, and, in short, every delicacy of the season, laughing at the doleful face he has put on, and telling the tricks he has played. Another of the crew is also very well off, in spite of his pitiful tale, which is of the most artful kind. He has a long tale about a suffering wife, and poor helpless infants who are about to be torn asunder, and would bring tears in your eyes if you listen to him. It has however, been ascertained that the babies he talks about are not his own, but merely lent out for the job. He has lately taken to pick up work at the theatres, all of which he lays to Botherum, but it is well known that he need not go there if he did not like, having plenty to do, and being a pretty hand at his trade. Perhaps these are the two most notorious of the gang, which is generally called "the Old School ;" and we have, we hope, said sufficient to put our readers on their guard against them. They are all well to do, and are none of them out of work unless they like. Several of them job about the Houses of Parliament when they are sitting, and pick up a good deal in this

Caution.-Sturdy Beggars.-Changes in the Law.

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way; others take trips in the country, or to reduction, and to make orders and regulations use the beggars' slang, "Go the circuit!" for the same; which reductions, orders, and They are all of them far above want, and if regulations shall have force and effect to the well searched have plenty of money in their dred and forty, and no longer: Be it therefifth day of October one thousand eight hunpockets. So well indeed are they provided fore enacted by the Queen's most excellent for, that they have lately built themselves a Majesty, by and with the advice and consent new house, where the other day they gave a of the Lords spiritual and temporal, and Comgrand entertainment to the master trades-mons, in this present Parliament assembled, men in their craft, and seemed in no kind of distress at all.

and by the authority of the same, that it shall be lawful for the Lords of the Treasury, from We have now said enough; but we of this act, by warrant under their hands, to time to time, and at any time after the passing cannot close this short notice without alter, fix, reduce or remit all or any of the adding, that in the opinion of some, this rates of British or inland or other postage gang of fellows have much more serious in- payable by law on the transmission of post tentions. Although the recent insurrection letters, and to subject such letters to rates of of the Chartists has for the present been sup- postage according to the weight thereof, and pressed, the spirit of insubordination, as a scale of weight to be contained in such some think, has shown itself in this form in number of miles the same shall be conveyed,) warrant, (without reference to the distance or the very heart of the metropolis, and has and to fix and limit the weight of letters to be extended itself to the neighbouring city of sent by the post, and from time to time, by Westminster; and although the present in- warrant as aforesaid to alter or repeal any surgents have not as yet raised the same such altered or reduced rates, and make and banner as those of Newport and Pontypool, establish any new or other rates in lieu thereof, yet, little doubt remains in some minds that and from time to time, by warrant as aforesaid, to appoint at what time the rates which may they are all confederates, and are parts of a be payable are to be paid, that is to say, whemighty chain which extends itself through-ther on posting the letter or on the receipt out the whole country; and indeed, this thereof, or at either of those times, at the conspiracy is one of those not without pre-option of the sender: Provided always, that cedent in the annals of history, the number all such warrants shall be inserted in the Lonof which is confined to a few, who, by long brooding over their supposed grievances, have become full of the most unreasonable wishes. However, we do not assert this as our own opinion.

CHANGES IN THE LAW
IN THE LAST SESSION OF PARLIAMENT.
No. XIV.

REGULATION OF THE DUTIES ON POSTAGE.

2 & 3 Vict. c. 42.

don Gazette ten days at least before coming after making the same be laid before both into operation, and shall within fourteen days Houses of Parliament (if then sitting), or otherwise within fourteen days after Parliament shall meet.

2. Rates to be charged by Postmaster General. And be it enacted, that the rates of postage from time to time to be altered or reduced and fixed by any such warrant shall be charged by and be paid to her Majesty's Postmaster General, for the use of her Majesty, on all post letters to which such warrant shall extend.

3. Treasury may suspend power of franking. 7 W. 4, & 1 Vict. c. 35-And be it enacted, An Act for the further Regulation of the that it shall be lawful for the Lords of the Duties on Postage until the Fifth Day of Treasury, by warrant under their hands, to October One thousand eight hundred and suspend, wholly or in part, any parliamentary forty. [17th August 1839.] or official privilege of sending and receiving Treasury may alter rates of postage.-letters by the post free of postage, or any other Whereas it is expedient that the present rates franking privilege of any description whatsoof inland postage on letters should be reduced ever, as well under an act passed in the first to one uniform rate of a penny charged on year of the reign of her present Majesty, intievery letter of a given weight, to be hereafter tuled "An Act for regulating the sending and fixed and determined, with a proportionate receiving of Letters and Packets by the Post increase for greater weights, parliamentary free from the Duty of Postage," as under any privileges of franking being abolished, and other act or acts of parliament now in force, official franking being strictly regulated, and and to make such regulations for the future Parliament pledging itself to make good any exercise of official franking as they shall think deficiency of revenue which may be occasioned fit: Provided also, that every warrant to be by such alterations of the rates of existing issued by the Lords of the Treasury for the duties: And whereas it is expedient and ne suspension of the parliamentary privilege of cessary to give by law a temporary authority franking shall be inserted in the London Gato the Lords of her Majesty Treasury to take zette ten days at least before coming into the necessary steps to give effect to such operation, and shall, within fourteen days after

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meet.

Changes in the Law.

making the same, be laid before both Houses | by warrant under their hands, from time to of Parliament (if then sitting), or otherwise time to authorize and require the said comwithin fourteen days after parliament shall missioners of Stamps and Taxes to direct their Receiver General to pay over such sum and sums of money arising from the said stamp duties as the Lords of the Treasury shall think proper, to the account of the Receiver General of her Majesty's Post Office at the Bank of England; and all such sums of money which shall be so paid over shall be held by the said last-mentioned Receiver General subject to all annuities and yearly sums now charged by law on or payable out of the Post Office revenue, and all other charges, outgoings, and disbursements to which the Post Office revenue is at present liable.

4. Treasury may regulate Twopenny and Penny Posts. And be it enacted, that it shall be lawful for the Lords of the Treasury, by warrant under their hands, and inserted in the London Gazette ten days at least before coming into operation, to suspend, wholly or in part, the regulations and privileges established and given by law in respect of letters sent by the Two-penny Post in London and Dublin, and also by any Penny Post, and in respect of any other letters which may be now sent by the post at a low or reduced rate of postage, or free of postage, and to declare and direct that all and every or any of such post letters shall be charged and chargeable with the like rates of postage as any other letters transmitted by the post, or to make such other regulations in respect thereof as in any such warrant shall from time to time be expressed.

5. Stamped covers.-Provided always, and be it enacted, that it shall be lawful for the Lords of the Treasury, by warrant under their hands, to be inserted in the London Gazette, (which warrant may be rescinded, varied, or altered as they shall from time to time think fit,) to direct that letters written on stamped paper or inclosed in stamped covers, or having a stamp affixed thereto, (the stamp in every such case being of the value or amount in such last-mentioned warrant to be expressed, and specially provided for the purpose under the authority of this act,) shall, if within the limitation of weight to be fixed under the provisions of this act, and if the stamp have not been used before, pass by the post free of postage, and also to require that every letter sent by the post shall, in the cases to be specified in any such last-mentioned warrant, be written on such stamped paper, or enclosed in such stamped cover, or have such stamp as aforesaid allixed, or that in default thereof, or in case the stamp on which any letter shall be written, or the stamp on the cover in which it shall be inclosed, or to which it shall be affixed, shall be of less value or amount than in such warrant shall be expressed, or shall have been used before, such letter shall be charged and chargeable with such rate of postage as such warrant shall direct.

6. Providing stamps.-And be it enacted, that it shall be lawful for the Lords of the Treasury to order and direct the Commissioners of Stamps and Taxes from time to time to provide proper and sufficient dies or other implements for expressing and denoting the rates or duties which shall be directed by any such warrant as aforesaid, and to give any other orders and make any other regulations relative thereto they may consider expedient.

7. Account to be kept of stamps.-And be it enacted, that the Commissioners of Stamps and Taxes shall cause a separate account to be kept of the stamp duties arising under this act; and it shall be lawful for the Lords of the Treatury and they are hereby empowered,

8. Rates on stamped covers to be deemed stamp duties.-And be it enacted, that the rates or duties which shall be expressed or denoted by any such dies as aforesaid shall be denominated and deemed to be stamp duties, and shall be under the care and management of the Commissioners of Stamps and Taxes for the time being; and all the powers, provisions, clauses, regulations, directions, fines, forfeitures, pains, and penalties contained in or imposed by the several acts now in force relating to stamp duties (so far as the same may be applicable) shall be of full force and effect with respect to the stamps to be provided under or by virtue of this present act, and to the paper on which the same shall be impressed or to which the same shall be affixed, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, and securing of the rates or duties denoted thereby, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes, as if such powers, provisions, clauses, regulations, and directions, fines, forfeitures, pains, and penalties had been herein repeated and specially enacted with reference to the said last-mentioned stamps and rates or duties respectively.

9. Letters to be sent as Postmaster General shall direct.--And be it enacted, that all post letters shall be posted, forwarded, conveyed, and delivered under and subject to all such orders and directions, regulations, limitations, and restrictions as the Postmaster General, with the consent of the Lords of the Treasury, shall from time to time direet.

10. Masters of outward-bound vessels required to take bags of letters. 7 W. 4, and 1 Vict. c. 36.—And be it enacted, that the penalty which by an act passed in the first year of the reign of her present Majesty, intituled "An Act for consolidating the Laws relative to offences against the Post Office of the United Kingdom, and for regulating the judicial administration of the Post Office Laws, and for explaining certain terms and expressions employed in those laws," is imposed on every master of a vessel outward-bound to Ceylon, the Mauritius, the East Indies, or the Cape of Good Hope, who shall refuse to take a post letter bag delivered or tendered to him by an officer of the Post Office, shall henceforth extend and apply to

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