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circumstances to have enabled the Court to deliver to the lessee an abstract of the title judge of them : not to state his belief, but to the freehold ;& and Lord Tenterden very to bring to the Court the means of founding recentlyh decided at nisi prius, that upon a presumption. I do not think that the the sale of a lease without any stipulation evidence here is sufficient, and on that for making a good title, or for the producground it is, that I allow these exceptions. tion of a lessor's title, that the purchaser I confess I do not see any reason to think cannot insist on its production. that this property may not be of ample However, these cases at common law value for the purpose of indemnity. It may now be considered to be overruled. In seems to me that the property is sufficient Roper v. Coombes,' where A., by agreement, in point of value ; on the other point, I made on the 31st of March, agreed to grant think the case must go back to the Master. a 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 1001., 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 posses. Another disputed question in the law of sion of the premises, but no time for grantmarketable titles is in what cases on the ing the lease was fixed by the agreement, purchase of a lease, the purchaser can com- and B. being called upon to pay the 901., pel the production of a lessor's title. We demanded an abstract of title, which was endeavoured in our ninth volume, p. 113, refused, whereupon he gave notice that he to collect the cases and state the law as to would rescind the contract, and commence this, and we may here, after this interval, an action to recover the 101. which he had recapitulate our conclusions.
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 In a still later casej it was held by Lord auctioneer from recovery for his trouble in Denman, C. J., and the Court of King's the sale. But it has been very recently Bench,“ that, unless there be a stipulation decidede that where, on the sale of leasehold to the contrary, there is in every contract property, one of the conditions of sale was for the sale of a lease, an implied underthat the vendor “should not be obliged to taking to make out the lessor's title to deproduce the lessor's title” the vendee hav- mise, as well as that of the vendor to the ing aliunde discovered certain defects in the lease itself, which implied undertaking is lessor's title, he was entitled to resist the available at law as well as in equity;" and completion of his purchase, notwithstanding the Court refused to adopt the distinction the above condition.
acted upon in George v. Pritchard. We are, however, here to consider the It still remains undecided whether a lessee cases where there has been no stipulation can in equity, as plaintiff, call for the leson the subject by the parties, and they are sor's title; but perhaps it is not too much left to their legal rights. It is now well to say, that according to the present feeling settled in Courts of Equity, that a vendor of the Courts on this subject, he would cannot compel a specific performance of a succeed in such an application. contract for the purchase of leaseholds, Where the contract is between the aswithout furnishing an abstract of title, on signor and assignee of a lease, it appears the principle, among others, that he who that if the assignor can compel the producseeks equity must do it. But it has been tion of the freehold title, the assignee will repeatedly held at common law, that a les- be entitled to its production,k and where it sor who enters into a contract for land does is impossible for him to do so, a purchaser not thereby impliedly engage that he will may recover his deposit and costs. The
latest case on this point is the following, b Cotterell v. Watkins, 1 Beavan, 361; and see Cotterell v. Lord Kensington, 2 1.. 0. 60.
& Temple v. Brown, 6 Taunt. 60 ; Gwillim v. c See also 9 L. O. p. 182.
Slone, 3 Taunt. 433 ; Sug. V. & P. 306. . Cited by Lord Denman, C. J.; Souler v. h George v. Pritchard, 1 Ry. & Moo. 417. Drake, 3 N. & M. 45.
i 6 B. & C. 534; 9 D. & R. 562 e Shepherd v. Keniley, I C. M. & R. 117.
į Souter v. Drake, 3 Nev. & M. 40. f Fildes v. Hooker, 2 Meriv. 424;
k See White v. Foljambe, 11 Ves. 337. Rayner, 193; White v. Foljambe, 11 Ves. 337
| Flureau v. Thornhill, 2 W. Bla. 1078. 19 Ves. 505.
Were I Solicitor General !--- The Penny Pastage Act.
51 which, however, does not decide the main an approving smile. Then we go on with question, although it bears on it.
our proofs. The case is on the point of A party contracted for the purchase of the breaking down, when, by the judicious benefit of an agreement for the lease of a course I pursue, I at once restore it, and public house, and also of the stock and good- every thing goes right for a conviction. will. He entered into possession before the Maule tells me afterwards it could not have lease had been granted, paid part of the been done better. Well, so far so good. purchase money, and mortgaged his inter- I return to town, I find that one of the est : Held, by Lord Langdale, M. R., that cabinet had been present all the time, disafter this mode of dealing he was not en- guised as an attorney's clerk. I learn, titled to call for the production of the les- accidently, he has mentioned me to Lord sor's title, or for evidence that the lease was Melbourne, who it is well known is puzzled made in conformity with the power under as to whom he shall appoint. I am sent which it was granted.m
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 WERE I SOLICITOR GENERAL! Commons, and make my maiden speech.
The House is electrified, -- the Tories trem“ Were I Solicitor General, we should see ble prodigiously. Campbell is promoted. how they would look then," said Mr. I am offered the Attorney Generalship, Horatio Luckless, on arriving at Pump which I of course accept. All this time I Court. He had just returned from West- have been in full practice. I am presented minster, where he had not failed in attend to the Queen, who this time takes parance on any day in the Term; but where, ticular notice of me, and invites me to alas! he had as yet not had an opportunity dinner, which of course I accept. She is given him of addressing any of the fifteen charmed with my wit and information. Judges. He now wound his way up his Melbourne on this looks somewhat dislong dirty staircase to the very topmost pleased, but I restore his good humour by story,-pulled down the little notice of his my admirable advice to him on the conduct clerk, pinned to the outer door, “ return at of his government, and my brilliant speech six,”-drew from his pocket his ponderous in the House in its defence. Cottenham key, unlocked the door, and pulled it open. retires,-I am offered the Great Seal. I Here he saw his fire burning; his books am appointed Lord Chancellor of Great and furniture all right; but nothing, I re- Britain, and retain the entire confidence gret to say, to remind him that during his of the Queen. I am of course created a absence any client had appeared. He now Peer. I should like to know what Miss prepared for his dinner : his laundress had Jenkins, who declined to dance with me a placed two mutton chops in a plate ready second time last Tuesday evening, would for him in his clerk's room, and these he say then. I meet with complete success in now essayed, by the help of his bachelor's the House of Lords. Brougham and Lyndoven, to cook himself. Oh!" said he, hurst sink into insignificance. I preside fixing them before the fire, more impro- over the Court of Chancery with mingled bable things have come to pass than that. urbanity and dignity; the arrear is soon It is true, I have been called some time, disposed of—I reduce it to a mere shaand have not made much way yet, but who dow.”— - And here, alas! poor Luckless can say what to-morrow may bring forth ? cast his eyes on his mutton chops. In his Who knows that the government may not dream of greatness he had forgotten to turn take me on as counsel in the special com- them, and, I grieve to say, they were remission! They will want a working junior duced to a cinder! well used to sessions practice. Well, down The third day Frost is brought up;
THE PENNY POSTAGE ACT. 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 m Haydon v. Bell, 1 Bea. 337. on all general post office letters of half an
ounce weight to fourpence, each additional Lord Chancellor's Chaff-wax, he clapped half ounce costing an additional fourpence. the seal to a piece of parchment, and got it Letters embraced by the circle of the 2d signed, and served it on them without and 3d delivery may be sent for 1d. by pre- more a-do. They, thinking it all right, payment. The main object of both these were struck quite dumb on beholding it, alterations, we conceive, is to accustom the and did not dare to make any opposition to post office all over the country to the more it. Indeed, knowing their guilt, they have extensive change which will follow. It not ventured to say a word until lately, will be observed that our work, and similar when hearing that Botherum was himself unstamped publications may, after the 5th of out of employ, or dead as some say, they December, be sent through the post office have began to make a prodigious outcry, for 1d. to all places within the range of the and have resorted to all sorts of devices to 2d and 3d deliveries, a very large district, impose on the charitable and humane. Some and, on the larger measure coming into have gone about the streets with a wig operation, to any part of the kingdom on on a pole, making a most horrible howlpayment of the same sum of one penny. [See ing, and singing songs of a seditious tenthe act in the next page.]
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 CAUTION.-STURDY BEGGARS.
to sell at a sacrifice, whereas they are in
fact worth little or nothing. Two or three Tue Mendicity Society has been so good of them have made themselves especially conas to send us an account of a gang of spicuous. One sturdy looking fellow, with sturdy beggars which has lately infested a most determined eye and manner, is a sort the neighbourhoods of the Courts of Law of leader among them, and especially noisy; at Westminster, and of the Inns of Court; he may be called, in fact, a Solicitor General and knowing the charitable and good-na- for the whole gang. This man, on being tured habits of our professional brethren, offered a Mendicity ticket, is remarkably we very readily use our best endeavours to saucy; says he only wants his rights (or writ put them on their guard as to the imposition of rights, as he sometimes calls it), and that attempted to be practised on them. These he will have 'em. It is well known that this fellows, we understand, consist of a knot hardened individual is an excellent workof some twelve or fifteen persons, who man, and has more than he can do ; and appeal to the charitable, sometimes singly, on being followed to his own home, may sometimes in twos or threes, disfigured often be found sitting at a table with a with patches, and fluttering in rags, obtru- good hot dinner, and, in short, every delicacy ding their feigned wounds on the public, of the season, laughing at the doleful face he and representing themselves to be in a has put on, and telling the tricks he has starving condition. They have a long tale played. Another of the crew is also very well about their grievances, and declare they off, in spite of his pitiful tale, which is of the were once in a respectable way of business, most artful kind. He has a long tale about but are now quite broken down. They seem a suffering wife, and poor helpless infants who to have been, by their own account, a kind of are about to be torn asunder, and would bring hand-loom weavers, spinning long yarns, tears in your eyes if you listen to him. It has which, having no competition, they sold at however, been ascertained that the babies he a considerable profit; and more, indeed, talks about are not his own, but merely lent as they sometimes admit, than they were out for the job. He has lately taken to pick worth; but that about the year 1834 their up work at the theatres, all of which he lays patent expired, and that ever since their to Botherum, but it is well known that he business has been falling off. A warrant, need not go there if he did not like, having it seems, was about this time issued against plenty to do, and being a pretty land at his them, which they say was illegal, and this trade. Perhaps these are the two most did all the mischief, for the workmen in notorious of the gang, which is generally the adjoining courts having heard of it, called “the Old School ;” and we have, we came and drove most of them away from hope, said sufficient to put our readers on their old place of business. This warrant, their guard against them. They are all well it seems, was served on them quite suddenly to do, and are none of them out of work ore morning, by one Botherum, a very unless they like. Several of them job about knowing fellow, who had long had a spite the Houses of Parliament when they are against them; and happening to know the sitting, and pick up a good deal in this
Caution.-Sturdy Beggars. - Changes in the Law.
53 way; others take trips in the country, or to reiluction, 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 there
fifth day of October one thousand eight bunpockets. 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 and by the authority of the saine, that it shali distress at all.
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, they are all confederates, and are parts of a be payable are to be paid, that is to say, whe
to appoint at what tiine the rates which may mighty 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 tines, 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 don Gazette ten days at least before coming brooding over their supposed grievances, after making the same be laid before both
into operation, and shall within fourteen days have become full of the most unreasonable Houses of Parliament (if then sitting), or wishes. However, we do not assert this as otherwise within fourteen days after Parliaour own opinion.
ment shall meet.
2. Rates to be charged by Postmaster Gene
ral.-And be it enacted, that the rates of CHANGES IN THE LAW
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 No. XIV.
Postmaster General, for the use of her Majesty, on all post letters to which such warrant
shall extend. 2 & 3 Vict. c. 42.
3. Treasury may suspend power of franking.
7 W. 4,8 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, hy warrant under their hands, to
suspend, wholly or in part, any parliamentary forty. [17th August 1839.]
or official privilege of sending and receiving Treasury, may alter rutes 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 uniforın 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 fxed 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 occasioneú 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
IN THE LAST SESSION OF PARLIAMENT.
REGULATION OF THE DUTIES ON POSTAGE.
making the same, be laid hefore 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 meet.
their Receiver General to pay over such sum 4. Treasury may regulate Txopenny and and sums of money arising from the said stamp Penny Posts.-And be it enacted, that it shall duties as the Lords of the Treasury shall think be lawful for the Lords of the Treasury, by proper, to the account of the Receiver General warrant under their hands, and inserted in the of her Majesty's Post Office at the Bank of London Gazette ten days at least before coming England; and all such sums of money which into operation, to suspend, wholly or in part, shall be so paid over shall be held by the said the regulations and privileges established and last-mentioned Receiver General subject to given by law in respect of letters sent by the all annuities and yearly sums now charged by Two-penny Post in London and Dublin, and law on or payable out of the Post Office realso by any Penny Post, and in respect of any venue, and all other charges, outgoings, and other" letters which may be now sent by the disbursements to which the Post Office revenue post at a low or reduced rate of postage, or is at present liable. free of postage, and to declare and direct that 8. Rates on stamped covers to be deemed all and every or any of such post letters shall stamp duties.-And be it enacted, that the be charged and chargeable with the like rates rates or duties which shall be expressed or of postage as any other letters transmitted by denoted by any such dies as aforesaid shall be the post, or to make such other regulations in denominated and deemed to be stamp duties, respect thereof as in any such warrant shall and shall be under the care and management from time to time be expressed.
of the Commissioners of Stamps and Taxes for 5. Stamped covers.- Provided always, and the time being ; and all the powers, provisions, be it enacted, that it shall be lawful for the clauses, regulations, directions, fines, forLords of the Treasury, by warrant under their feitures, pains, and penalties contained in or hands, to be inserted in the London Gazette, imposed by the several acts now in force re. (which warrant may be rescinded, varied, or lating to stamp duties (so far as the same may altered as they shall from time to time think be applicable) shall be of full force and effect fit,) to direct that letters written on stamped with respect to the stamps to be provided under paper or inclosed in stamped covers, or having or by virtue of this present act, and to the ā stamp affixed thereto, (the stamp in every paper on which the same shall be impressed or such case being of the value or amount in such to which the same shall be affixed, and shall be last-mentioned warrant to be expressed, and observed, applied, enforced, and put in execu. specially provided for the purpose under the tion for the raising, levying, collecting, and authority of this act,) shall, if within the limi- securing of the rates or duties denoted thereby, tation of weight to be fixed under the provi- and for preventing, detecting, and punishing sions of this act, and if the stamp have not all frauds, forgeries, and other offences relating been used before, pass by the post free of thereto, as fully and effectually to all intents postage, and also to require that every letter and purposes, as if such powers, provisions, sent by the post shall, in the cases to be speci- clauses, regulations, and directions, fines, fied in any such last-mentioned warrant, be forfeitures, pains, and penalties had been herein written on such stamped paper, or enclosed in repeated and specially enacted with reference such stamped cover, or have such stamp as to the said last-mentioned stamps and rates or aforesaid ailixed, or that in default thereof, or duties respectively. in case the stamp on which any letter shall be 9. Letters to be sent as Postmaster General written, or the stain on the cover in which shall direct:-And be it enacted, that all post it shall be inclosed, or to which it shall be letters shall be posted, forwarded, conveyed, affixed, shall be of less value or amount than and delivered under and subject to all such in such warrant shall be expressed, or shall orders and directions, regulations, liinitations, have been used before, such letter shall be and restrictions as the Postmaster General, charged and chargeable with such rate of with the consent of the Lords of the Treasury, postage as such warrant shall direct.
shall from time to time direet. 6. Providing stamps. And be it enacted, 10. Masters of outward-bound vessels required that it shall be lawful for the Lords of the to tuke bags of letters. 7 W. 4, and I V'ict. c. Treasury to order and direct the Commis- 36.—And be it enacted, that the penalty which sioners of Stamps and Taxes from time to by an act passed in the first year of the reign time to provide proper and sufficient dies or of her present Majesty, intituled “ An Act for other implements for expressing and denoting consolidating the Laws relative to offences the rates or duties which shall be directed by against the Post Office of the United Kingdom, any such warrant as aforesaid, and to give any and for regulating the judicial adıninistration other orders and make any other regulations of the Post Office Laws, and for explaining cerrelative thereto they may consider expedient. Itain terms and expressions employed in those
7. Account to be kept of stamps.-And be it laws,” is imposed on every master of a vessel enacted, that the Commissioners of Stamps outward-bound to Ceylon, the Mauritius, the and Taxes shall cause a separate account to be East Indies, or the Cape of Good Hope, who kept of the stamp duties arising under this shall refuse to take a post letter bag delivered act; and it shall be lawful for the Lords of or tendered to him by an officer of the Post the Treatury and they are hereby empowered, Office, shall henceforth extend and apply to