WORK, SAMUEL grocer's warehouseman, Cole's-ter. Barnsbury. Calky, Und Jewry. BOLTON, JANKS WILLIAM, out of business, Buckhurst-hill. Hutson, DorClifton-st. Finsbury. JOSEPH, boot and shoe maker, High-st. Poplar. Wood and na, Coleman-st-bugs. PEK HET, tailor, Praed-st Paddington. Aldridge, Moorgate-st. NASLAS, ROGER boarding-house keeper, Great fermitage-st. Wapag Wood and Ring. Coleman-st-bdgs. NOEGIT. THOMAS, builder, Southsea. Jones, New-inn, Strand; SHAEPE, WILLIAM, plumber, New Romney. Lawrence, Plews and Br, Old Jewry-chambers, STALK, JAMES SELBY, Reeper of a tavern tap and earpenter, HeathDartiord Veun, New inn, Strand. STEL JORS, victualler, Margaret-st. Cavendish-sq and Hampton-rd. pper Holloway. France, Faleon-st. Aldersgate. WATTS. EDWARD KERSWELL, gentleman, Randolph-rd. Paddington. Gresham, Hasingball st WELE, WILLIAM, draper's assistant, Hampstead-rd. Wood and Ring, Logman-st.-bugs. HL JOHN PARKER, commission merchant, Liverpool-Liverpool. BAR JACOB, amonger, Leeds-Leeds. Harle, Leeds. Walker, PRINS, GEORGE, labourer, Cranfield-Newport Pagnell. Stimson, un, deltord. HOL HENRY, retailer of ale, Wolverhampton-Wolverhampton. artiet, Wolverhampton. HT, JU kola, teacher, Wigan-Wigan. Evans, Son and Sandys, pool BEN, WILLIAM, butcher and cattle dealer, Huddersfield-Hudsteld. Drausteid, Huddersfield. HUTCHINSON, JANK grocer, Amble-Alnwick. Smith, Alnwick. 1 CK, KDWARD HILL, boot and shoe maker, Bath-Bath. Wil1, Ba Lab, Joux, plasterer, Beniew-Welchpool. Jones, Welchpool. Lexi, Jous, broker, Bacup-Manchester. Richardson, Manchester. LOON, SAMUEL, Den, railway clerk, Aston-Birmingham. Atkins, Birahan. MARTIN, STEPHEN, carpenter, Westbromwich-Westbromwich. Shoespeare, Oldt-ury, MISSHALL, THOMxas, out of employ, Stone-Birmingham. Young, sg.on; Hodgson and Son, Birmingham. BAL, GEORGE ISAAC, bookseller, Liverpool-Liverpool. PICHARD, JAMES, coal dealer, Abergavenny-Abergavenny. KLUSOLDS, HENKY, scrivener, Birmingham-Birmingham. James, Kaight and Griffin, Birmingham. MILEY, JOHN BENJAMIN, Slater and dealer in building materials, 3.tingham-Nottinghain. Maples, Nottingham. SALISBURY, JUS&Pil, brewer and farmer, Borrowash-Derby. Leech, SIT, HESKY, Carpenter, Banbury-Banbury. Pellatt, Banbury. bach, Thomas HIRST, cloth dresser, Marsh-Huddersfield. Clough, Ha lerstie d. STASFORD, JOSEPH, jun. farmer and horse dealer, Smestow-Wolverharpn hartlett, Wolverhampton. STERLAND, WILLIAM, Manchester-Manchester. Crowther and TAYLOR, SAMUEL, lime burner and seller, Much Wenlock--Madeley. alter, Welington. Thus, JAMES, merchant's clerk, King's Lynn-King's Lynn. Beloe, King's Lynu LITUS, WILLIAM, insurance clerk, Chorlton-upon-Medlock-ManBote, Manchester. WADE, ROBERT, farmer and grazier, Birmingham-Kettering. Douglass, Market Harborough. WAINSCOTT, CHARLES, watchmaker, Hereford-Birmingham. Suckthingham WESTERBOTTOM, BESWICK, machine maker, Oldham-Oldham. Gardner, Mau hester. WATAIT, HENRY, victualler, Dovercourt-Harwich. Jones, ColChester. WILKES, SAMUEL, boot and shoe maker, Hartpury-Newent. Wilkes, Choucester. EVASS, AUGUSTUS FREDERICK, American merchant and commission seat, Hood-la. Lawrence, Plews and Boyer, Old Jewry-chambers. E GEORGE, boot and shoe maker and leather seller, Southend and xbrary mess. Dalton, Bucklersbury. FLEET, BENJAMIN, soda water manufacturer, Apollo-bdgs. Walworth, HART, WILLIAM, baker, Buck-in. Bethnal-gu. Medcalf, Tokenhyd. TOM. RICHARD, oilman, Swallow-st. Piccadilly. Leader, OrchardPutman-sq. CBS, JOHN WILKINSON, whardinger's clerk, St. James's-crescent, ExThondsey. Marshall, Line -inn-fds. KEMP JAMES, goldsmith and jeweller. Meredith-st. Clerkenwell. Boulton and Sons, Northampton-sq Clerkenwell. PICKARD, GEORGE STANLEY, collector to an insurance office, Bolsover-st. Euston rd. Aldridge, Moorgate-st. PYEMONT, CHARLES EDWIN. clerk in the Custom-house, Leipsic-rd. SANG, JOHN FREDERICK, architect and artist, Lower Heath, Hampstead. Lewis and Lewis, Ely-pl. Holborn. SEAMAN, WILLIAM, dealer in theatrical dresses and actor, Bronti-pl. Walworth. Aldridge, Moorgate-st. STEPHENS. WILLIAM AMOS, pork butcher and slaughterman, High-st. Shadwell. Abbott, St. Mark-st. Great Prescott-st. STOKES, THOMAS CHARLES, leather-cutter, King-st. west, Hammersmuth. 8. T. and R. Gole, Line-st. TAYLOR, ROBERT, batter, Minerva-st. Hackney-rd. Hare, Basinghall-st. TRANSFIELD, THOMAS EDWARD, watch and clock maker, Praed-st. To surrender in the Country. ALLNATT, WILLIAM, boot and shoe maker and beerseller, Walling- Bass and BATES, ELY, grocer, New Bank-Halifax Jubb, Halifax. BROWN, JAMES, saddler and harness maker, Great Berkhampstead- BUSH, THOMAS SAMUEL, jeweller's assistant, Heigham-Norwich. CALVEET, JOHN, Harrowgato-Knaresborough. Harle, Leeds. Market. COMER, WILLIAM PARK, potter, Northwood-Hanley. Tennant, CROSSLEY, JESSE, painter, Bradford-Bradford. Green, Bradford. DOWN, JOHN, shopkeeper and farmer, Ivythorn-Exeter. Standring, Rocke and EVANS, ROBERT EDWARD, accountant and writing clerk, Shrewsbury -Shrewsbury. Davies, Shrewsbury. FEW, EDWARD JOHNSON, farrier, Little Downham-Ely. Vipan, St. Ives. GALLIMORE, CHARLES, grocer and dealer in provisions, WednesburyWalsall. Seaman, Wednesbury. GOODRICH, JEREMIAH, Shrewsbury-Shrewsbury. Davies, Shrewsbury. GREGSON, THOMAS, merchant tailor and draper, Newcastle-Nowcastle. Brewis, Newcastle. HAFFENDEN, WALTER, victualler and huckster, Hellingly-Lewes. Goodman, Brighton. HARRIS, JOSEPH, traveller to a jeweller and dealer in watches, NewCastle Newcastle. Joel, Newcastle. HARRISS, GEORGE EDWIN, professor of music, Shrewsbury-Shrewsbury. Davies. Shrewsbury. HARVEY, ABRAHAM, dealer in coal and barm, Bristol-Bristol. Sher LAMB, ROBERT, newsagent, Heaton Norris-Stockport. Howard, Stockport. LANE, WILLIAM, builder, Darlington-Darlington. Steavenson, Darlington. LEWIS. DAVID, victualler, Canton-Merthyr Tydfil. Smith, Merthyr Tydfil LOW, WILLIAM, chemist and druggist, Lewes Lewes. Goodman, Brighton. MACHIN, GEORGE, Kingswinford-Stourbridge. Collis, Stourbridge. MASON, JAMES, malt factor, Ware-llere ford. OWEN, JAMES, Smedley-Manchester. Lamb, Manchester. PARKINSON, EDWARD, mechanic and sewing-machine maker, Newton Heuth-Manchester. Bent, Manchester. POWELL, JOHN, brick-maker, Strickley-Madeley. Jackson, Westbromwich. PUDSEY, SETH, farmer and horsedealer, Gato Fulford-York. Grayston, York. PUGSLEY, GEORGE, butcher, Ilfracombe-Barustaple. Bromham, Barnstaple. SAMUEL, JACOB, outfitter, Liverpool-Liverpool, Parker, Liverpool. SHELDON, DAVID, timber dealer, Manchester-Manchester. Higson and Robinson, Manchester. SHERRIN, EDWARD, BARNELL, commission agent. Swansea-Bristol. SMITH WILLIAM, warehouseman, Nottingham-Nottingham. Cowley and Everall, Nottingham. STEVENS, JOHN GERRY, carpenter, Pilton-Barnstaple. Peard, Barnstaple. STEVENSON, THOMAS, potter's fireman, Hanley-Hanley. Sutton, Burslem STOCKS JOHN, hay and straw dealer, Halifax-Halifax, Ingram and Baines, Halifax. TASKER, THOMAS Robert, tailor, Birmingham-Birmingham. James, Knight and Griflin, Birmingham. WHITBY, JAMES, builder, King's Lynn-King's Lynn. Wilkin, King's Lynn. WHITLOCK, EDWARD, snuff-box and pipe mount manufacturer, Aston-juxta-Birmingham-Birmingham. East, Birmingham. WRIGHT, JOHN, builder and wheelwright, Loscoe-Belper. Walker, FRITH, JOHN, clothes dealer, Sheffield. Oct. 8. HAIGH, DARIUS, commission agent. Huddersfield. Oct. 25 KIRKHAM, CHARLES, beerhouse-keeper, Penkbull. Oct. 13. ROUCH, WILLIAM, grocer and cheesemonger, Malden-rd. Haverstockhill. Oct. 30 BUSE, JOHN, farmer, Little Bardfield. Oct. 28. Oct. 26. ADAMS, ALFRED, builder, Malden-rd. Haverstock-hill. BRYANT, JOHN, tailor, draper and hatter, Diss. Oct. 21. GARDNER, WILLIAM, jeweller and picture dealer, Oxford-st. Oct. 15. Oct. 6. HIEST, JAMES, manufacturer, Linthwaite, Almondbury. Oct. 16, MICHELL, JOHN, draper, Bath. Oct. 8. MOHR, SIEGMUND, dealer in Birmingham and Sheffield goods, Wormwood-st Oct. 17. PETERS, JOIN, chemist and druggist, York. Oct. 9. PIKE, SAMUEL GEORGE, commercial traveller, Shannon-ter. Dalston. Νον. 2. RAYNER, CHARLES JAMES, chemist, Southampton. Oct. 22. TAYLOR, JONATHAN, woollen cloth manufacturer, Hepworth, Holmfirth. Oct. 29. TOWNSON, FRANCIS, linendraper, Kirkgate, Wakefield. Oct. 9. WALTON, JAMES, and WALTON, JOSHUA, cotton manufacturers, WORSLEY, JOSEPH, clogger, Macclesfield. Oct. 28. Composition Deeds. Gazette, Nov. 3. HARTHAN, Jous, and HARTHAN, EZRA, silk throwsters, Wheelock, HUNTER, ANDREW GEORGE, alkali manufacturer, Mark In. and RINGER, WILLIAM, grease manufacturer and commission agent, Norwich. Oct. 9-5s. ROBINSON. THOMAS, grocer, Hulme, Manchester. Oct. 14-10s. SMETHURST, WILLIAM, late clerk to a stock and share broker, Manchester. Ot. -4s. SUTCLIFFE, RODERT, victualler, Berwick-st. Soho. Oct. 5-2r. 11d, WHITWORTH, BENJAMIN, manufacturer, Earlsheaton. Oct. 7-5s. WOLLOMS, THOMAS WARING, surgical instrument maker, RobertHoxton-new-tu. Oct. 14-2s. 6d. Gazette, Nor. 6. ASTON, SAMUEL ALFRED, currier, Walsall. Nov. 2-88. REFCE, EDWARD, oll and colour warehouseman, Brighton. Oct. 14-45. RIGGE, HENRY, perfumer, New Bond-st. Oct. 30. THE HIGH WYCOMBE CO-OPERATIVE CHAIR MANUFACTURING COMPANY (LIMITED), Oct. 22-68. Ed. WORTLEY, HENRY LOVE AMISS, milliner and assistant to a woollen draper, Norwich, Oct 10-58. BIRTHS, MARRIAGES AND DEATHS. BIRTH. TURNER. On the 9th inst., at Stoke-under-Hambden, Somerset, the wile of James Augustus Turner, solicitor, of a son. MARRIAGE. LOMAX-TAYLOR-On the 10th inst., at St. Barnabas, South Kensington, John Milnes Lomax, of Bellbroughton, Worcestershire, to Harriet Sarah, widow of K. J. Taylor, solicitor. DEATHS. BATEMAN. On the 10th inst., at Walthamstow, Essex. Joseph Bateman, Esq., LL.D., magi-trate of the county of Middlesex, and for merly assistant-solic tor to the Board of Inland Revenue. FARRER.On the 9th inst.. at his residence, Ingleborough, Yorkshire, aged 78, James William Farrer, Esq., late Master in Chancery. LMANACK for 1864, GRATIS, by forwarding name, address and stamp; or on canvas, framed and varnished, for 1s. 6d. A most useful and interesting SHEET ALMANACK, giving many remarkable events, Postage rates, Stamp duties, &c. &c.-ABBOTT, BARTON and Co., Advertisement Contractors and Publishers, 208, Strand. Advertisements inserted in every paper throughout the world. CHRISTMAS DECORATION OF CHURCHES. In the press and shortly will be ready, 2. 534. Bramwell, Durham. Brown, W. dealer in music, first. 19. THE SECOND EDITION of the CHIRIST Baker. Newcastle.-Brounlie, C. merchant, first, 3s. 6d. Turner, Liverpool-Caldcleugh, F. 38. 6d. Bramwell, Durham.-Crocker. W. innkeeper, 1s. 5fd. Daw.-Craft, T. H. W. surgeon, first, 104 Kinnear, Birmingham.-Dodgson, S. and J. manufacturing chemists, first, 3. 6d. Carrick, Leeds-Ellis, J. brewer, first, 48. Turner, Liverpool.-Goldwater, M. jeweller, first, 4d. Whitmore, Birmingham. -Harling, B. A. surgeon, tirst, 2s. 4. Stansfeld, London. - Holmes, W. pictur- dealer, third, 7-16thad. Kinnear, Birmingham.-Horton, J. iron and tin plate merchant, first, 2s. 9d. Turner, Liverpool-Howson, W. H. 2s. 94. Bramwell, Durham.-Morgan and Adams, bankers, first, 6. Bl. Whitmore, Birmingham.-Parry, R. shopkeeper, first, Ild. Turner, Liverpool.-Peckins, W. N. auc-ioneer, first, d' Hirtzel, Exeter. Williamson, W. Is. Sd. Bramwell, Durham.-Young, G. draper, first, 4s. 6d. Baker, Newcastle. Assignments. Gazette, Nov. 3. ARCHER, WILLIAM NELSON, druggist, Sunderland. Oct. 6. Oct. 30. MAS DECORATION of CHURCHES, Enlarged and with additional Woodcuts. By Rev. EDWARD L. CÜTTS. London: JOHN CROCKFORD, 10, Wellington-street, Strand. [ANDBOOK of INCOME-TAX LAW and PRACTICE; with an Index to the Acts of Parliament, 1842 to the Present Time. 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It has occurred to us that this might be accomplished by the issue of a monthly sheet, devoted entirely to Papers on the Practice of the Law, designed expressly to collect the recent law on the various branches of practice as to which it is most important that the practitioner should possess the DIARY OF SALES BY AUCTION DURING latest information. Such a work would, we think, THE NEXT WEEK. Advertised in the Law Times. TUESDAY, NOV. 24. TAB of the LAW TIMES REPORTS, N. S. is now complete, and will be strongly and uniformly bound for 4s. 6d. if sent to the pablister. The Law TIMES goes to press on Thursday evening, that it may by received in the remotest parts of the country on Saturday exrain. Communications and Advertisements must be trasmitted accordingly. None can appear that do not reach theogice by Thursday morning's post. A Portfolio to contain the current numbers of the LAW TIMES be interesting in its issue, and of permanent worth as an annual volume. Almost every week we are reluctantly compelled to decline papers of this class by able writers, for want of space for them. They would be appropriately placed in such a work as we have here suggested. As an illustration of the design, we propose that there should be periodical expositions of the new points decided in Common Law Practice, in Equity Practice, in Conveyancing, &c.; not as mere digests, but as if they were chapters in a text-book. Then there are special subjects that may be brought down from the dates of the last text-books, to which they will serve as supplements, without the cost. But the subjects will be strictly practical-written to teach the law as it is, leaving theoretical law, law reform and legal and professional topics to the journals to whose province they properly belong. The proposition is to publish such a work, in connection with the LAW TIMES, on the 1st of each month, in an 8vo. sheet of 32 pages, price 1s. The title to be THE PRACTITIONER. If those of the readers of the LAW TIMES who approve the design and will give it their support, will send their names, it will be seen if there is such a prospect of success for it as would justify the undertaking, in which case it should be commenced early in the coming year. LEGAL TOPICS OF THE WEEK. know, and the newspapers do not tell them, that the solicitors who so practise are a small class, as degraded in the estimation of the members of the Profession as of the public, holding no social status, and admitted into no office without the presence of a third party. It is provoking to find our Profession thus misrepresented and abused by the acts of a few of the black sheep from which no class or calling is wholly free, and we ask the newspapers, when reporting and commenting on these misdeeds of the few, to do justice to the rest, by reminding their readers that the rascals are the rare exceptions, and are treated by the rest of the Profession with the same indignant reprobation as by themselves. ANOTHER attempt has been made by the Society for the Protection of Females, in the case of Mr. GEORGE, to promote a prosecution which the prosccutrix does not choose to pursue. The proposal to protect a young lady who shows that she is well able to protect herself, and who does not want the volunteered protection of a society, are. grave trespasses beyond the proper province of the Association. The prosecutrix is sufficiently competent to measure the amount of insult offered to her and the compensation due for it, without interference by officious busybodies. The offence is not a felony, and the insulted lady had a right to compound it if she pleased. An assault may be lawfully compromised, even with the sanction of the magistrate. This was only an assault, and the compromise of it was nothing more than is done every day at the petty sessions in England. It is not wrongful, or even discreditable, to the defendant to offer, or for the woman to accept, compensation for an injury which is purely personal. The wretched quibble that an assault, although in a private room, is also a breach of the public peace, is the only pretence upon which the charge can now be pressed after the woman has condoned the assault. But that is precisely the part of it with which the society has nothing to do: it is not its business. We fear that this case is but a specimen of the manner in which alike by their precious protegés on the one side, and by busybodies who conduct them on the other. Bronts will be forwarded by post to any person inclosing Ar the suggestion of a common friend an explana-prosecuting associations are liable to be abused, 2. Id in postage stamps. THE Just published, tion has been afforded by the Publisher of the LAW TIMES to the Proprietor of the Weekly LAWYERS' STAMP TABLE: Reporter, relative to an article contained in the LAW TIMES of the 10th Oct. last, with reference to which legal proceedings have been instituted, and we are happy to say that the result is that the publisher of the LAW TIMES has agreed to withdraw the observations complained of, in consideration of which it has been agreed that the matter shall drop. We congratulate the Profession on the good sense displayed by both parties in thus terminating the proceedings in this matter. for Office Use, and for the bag or pocket, being a com- PART I., price 58. 6d. LAW OF JOINT-STOCK COMPANIES, DECIDED BY ALL THE COURTS, The rapid increase in the number of Joint-Stock Comtries has given special importance to this branch of the It is thought that a series of Reports of the numerous - decided by the Courts relating to the law by which renies are regulated will be a useful addition to Board 3 us as well as to the Law Library of their Solleitors. This seties of reports will include the entire of the law relating to anies of all kinds, viz., MR. T. PHINN, Q.C., has been reappointed Counsel to the Admiralty, an office vacated by the promotion of Mr. COLLIER. Mr. PHINN held this office for some time previously to his appointment as Secretary to the Admiralty. THE LORD CHANCELLOR has appointed WILLIAM FRANCIS HIGGINS, Esq., barrister-at-law, and published quarterly, price 53. Gd., and sent by post registrar of the Court of Bankruptey, London, to ats ribers, He wrapper will contain an Index to the contents, *bezilers are requested to send their names to the LAW - Užice. THE Calo and the Lawyers. NOTICE. THE current Reports, Legal Intelligence, Correpedence of the Profession, Gazettes, and other ters of business that form a part of the weekly toy of the Law and the Lawyers, which it is of the LAW TIMES to collect and purpose rve, claim during the greater portion of the ar all the space that two large sheets of closely red matter can supply. But there is a wide circle of information, very to the Practitioner, which the LAW TIMES ten asked to give, and would gladly convey to , but for the one obstacle that it cannot find ↑ for it. We refer to articles of greater length, more red, and more carefully prepared than for the zs of a weekly journal, and devoted to posting Lawyers well-up in the latest law. Here are many subjects of great interest to Practitioner, not sufficiently extensive to ify publication in a distinct form, which VOL. XXXIX.--No. 1077. be the new Master of the Court of Bankruptcy. Mr. HIGGINS has held the office of registrar for more than five years, and by his unfailing urbanity and sedulous application to business, has secured the favourable opinion of the Profession and the public. The appointment of the learned gentleman will create a vacancy in the office of registrar. THE famous court-martial on Col. CRAWLEY has THE newspapers have been teeming with speci- THE CASE OF "THE IRON-CLADS."(a) By EDWARD W. Cox, Esq., Barrister-at-Law. THE case of the iron-clads differs materially from that of the Alexandra. Even if it should be decided that sect. 7 of the Foreign Enlistment Act does not prohibit the commercial transaction of building a ship of war for a belligerent state to be used against a state with whom we are not at war, but only the equipment, fitting out, or arming of such a ship, and that therefore the Alexandra, not having been equipped or armed, was not within the Act, it will yet be a grave question, whether the iron-clads have not brought themselves within the meshes of the law? In their case the question will be, what is an "equipment, fitting out, furnishing, or arming?" and whether the iron armour in which they are clothed is not, in fact, both a fitting out and an arming. It may be contended that the iron plates with which their sides are clothed are simply defensive, that of themselves they are useless for any purpose of offence; that they are only an improved form of building a ship; that they are a part of the ship itself, and not something extra the ship, and that to arm or equip a ship means the same as to arm or equip a regiment; that is to say, to furnish it with instruments for the purpose of offence. Apply the same terms to a land force; suppose that the Act had also prohibited the equipping, fitting out furnishing, or arming of any man or men with intent to be used in the service of a belligerent. What would be reasonably included under those terms or either of them? The ready answer would be, that the equipment, &c., forbidden, was the equipment, &c., of a soldier: a regimental suit of clothes would be such, but a suit of civilian clothing. would not be such; a musket or even a pistol would be such, but a pocket-knife would not be such. naval warfare, and not the building of ships for others afterwards to arm, is not a ship fitted with armour in a British port in fact equipped there for the war in which it is afterwards to be used? I This is but one of the questions that will arise. The other is as to the intent of such arming., That is to be proved by positive evidence. No man can be convicted of an offence on mere sus picion, however strong. We are at war with Japan, and on a principle of law familiar to the reader, the defendants are entitled to the assump tion that the iron-clads are intended to be used against Japan rather than against any state within the prohibition of the statute. In the course of the controversy upon this question many arguments have been broached that will not endure scrutiny. It was said that a ship of war built for a belligerent, if not fitted out in an English port, was like all other contraband of war, subject only to the risk of capture by the blockading power in transitu, being thus in precisely the same category with ammunition. It was thought to be a very triumphant answer to this, that so it would be if the ship were to run the blockade, and be delivered at a port of the belligerents; but that, if she puts to sea and there meets a consort by whom she is armed and proceeds on her mission of war without ever entering one of her own ports, the equipment would be that of the port whence she sailed, and the act of the vendor. The writers who dwelt so triumphantly upon this, either were not lawyers, or they had forgotten a further question that lay behind it, and which may be thus stated: The ocean is the highway of the world. A ship is, in contemplation of law, a part of the territory of the country to which she belongs, and while she is upon it so much of the sea as is below her and of the air as is above her, is her country, and possesses all its rights and is subject to all its responsibilities. The Confederate States being recognised as belligerents, and their ships of war as lawfully commissioned, delivery to any of the ships of the Confederacy upon the ocean is delivery to the Confederate States; and, provided the equipment did not take place in British waters, it would not be illegal even if it were done by the builder, for the prohibition is only of arming, &c. in a port within the British dominions. The questions, therefore, will be 1. Is the building of the iron-clads, with armour plates, an equipping, fitting out, furnishing, or arming of them? SO 2. If so, is it proved that they were equipped, &c. with intent, on the part of the builder, that they should be used not against any state, but against some particular state with whom HER MAJESTY is not at war? The other questions that have been raised, as to the manner in which it was designed to arm them by sending them into the ocean, there to meet other ships, by whom they would be supplied with arms and men, in no way affects the issue to be tried; for it is quite clear that the Act prohibits only an equipment, &c. in some port in the British dominions, and therefore, if the builder might lawfully build them, they might be lawfully armed by anybody in any other place than a British port. MR. LOCKE KING'S ACT. SOME articles on this Act having appeared in this The first question of time, then, will be where the person claiming the mortgaged hereditaments claims as devisee under the will. Suppose a will, devising the mortgaged hereditaments to A., to be made before 1855. In this case, with out more, the old rule of law will apply; and A. will take the estate free from the mortgage. But suppose the testator to add a codicil to his will in 1835, what will be the effect of that? As a general rule, it seems that a codieil operates as a repoble cation of a will. "Constructive republication takes places where a testator for some other purpose makes a codicil to his will; in which case the effect of the codicil, if not neutralised by internal evidence of a contrary intention is to repab lish the will:" (1 Jarın, Wills, 178.) -The effect of the republication is to make the will speak from A decision has been pronounced upon the above the said Sarah Ann Perry shall, by her last will and testament in writing duly executed, direct or appoint." The said testator made another testamentary instrument, dated the 2nd Dec. 1861, which was as follows: — "This is the last will and testament of me, Nehemiah Perry. appoint John Rolfe and Edmund Emson executors and trustees of this my will. I give the following legacies: To Rebecca Nash, my servant, the sum of 1007.; and if she remains with me and waits upon me up to the time of my death, I give her 50%. in addition to the 100/." The testator died on the 7th Dec. 1861. The defendants Thomas Perry and Joseph Scruby renounced probate of the will of 1847, and the latter, by deed, disclaimed the trusts thereof. Probate of the latter testamentary instrument was, on the 14th Feb. 1862, granted to the plaintiffs. The testator's daughter Sarah Ann Perry died before him, without issue, and his brother, the defendant Thomas Perry, was, at the time of his death, his heir-at-law. The persons who, at the time of the testator's death, were entitled to his undisposed-of personal estate, were his brother, the defendant Thomas Perry, the defendant Sarah Smith, and his sister the defendant Rebecca Perry. The testator was possessed of considerable personal estate. He was also seised in fee-simple of certain real estate, partly freehold and partly copyhold, in the county of Essex, and which was subject to two mortgages for 20007, and 1000l. A suit was instituted to determine the rights of the parties under the two testamentary instruments, and the question now to be determined was, whether the devisee took the estate cum onere, or was entitled to have it executed out of the personalty. sequent republication. There would have been a difficulty in applying to devisees claiming by virtue of a testamentary instrument made at one time and republished at another, and having an effect partly upon property existing before the date of the original making and partly upon property acquired in the interval between the original date and the date of the republication; because such persons could not be said in the language of the statute, to be claiming under a will already made. They would be claiming partly by virtue of a will that was already inade, and partly by virtue of the operation given to that instrument from the fact of its republication. But that is not the case here. The parties here claim under and by virtue of the will of 1848, and the will of 1848 does not cease to answer the description of a will already made," because it may have been republished at a time subsequently to the 1st Jan. 1855," Suppose a will, made prior to 1855, to contain a residuary devise of land previously mortgaged. Suppose the testator then to mortgage other land of which he was seised at the date of the will, and which was included in the devise. He then purchases fresh land, and mortgages that. Afterwards he makes a codicil to his will, operating as a republication of it. The testator dying, what would be the situation of these several incumbrances? As regards the land mortgaged before 1855, it would be entitled to exoneration by virtue of the above decision. The will in qestion does not cease to answer the description of "a will already made because it may have been republished at a time subsequently to the 1st Jan. 1855. As regards the land included in the devise, but afterwards mortgaged, the devisee certainly claimed that land by virtue of a will made before 1855. As regards the land afterwards purchased and afterwards mortgaged, the devisee would claim that also by virtue of a will made before 1855. Because by the Wills Act, 1 Vict. c. 26, s. 24, every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. If, therefore, no codicil were made, and the will were left to operate, the devisee would claim all the above-mentioned property by virtue of the will; and would, therefore, it should seem, still be entitled to exoneration. Would the constructive republication by the adding of a codicil take away that right? Referring to the facts of Rolfe v. Perry, if for a will made in 1848 we read a will made in 1828, then a republication would have been required in order to make the will include after-purchased land, because, according to the old law, every devise of realty was. specific, so that the residuary devisee of the testa tor's estate could not claim after-purchased land by the will, but by the subsequent republication of it, and would claim only from that date. Again, by the Wills Act, s. 25, a residuary devise includes estates comprised in lapsed and void devises. Lord Westbury, C., held that the devisee of But, under the above clauses of the Wills Act the mortgaged real estate, claiming as he did a will speaks from the date of it only with re under the will of 1847, was within the saving of spect to the real and personal estate comprised the proviso, and that he was therefore entitled to therein, and not with reference to the object of exoneration. His Lordship said: "I think the the gift, or persons to whom the property is given: design of the Legislature, as evidenced from the (Bullock v. Bennett, 7 De M. & G. 283; Violet v whole of the Act, was to prevent this new rule of Brockman, 26 L. J. 308, Ch.) It is difficult to see distribution being applied to any landed estate, how this consideration, however, could operate when that estate is found to be disposed of and upon the rights of an heir or devisee of a mort governed by the operation of a will actually made gaged estate on the one hand, and the residuary antecedently to the time fixed by the Legislature, legatec on the other. If a devise were to lipse by namely, the 1st Jan, 1855. And the word "will" death of the devisee in the lifetime of the tes is, of course, used here with reference to its state tator, the residuary devisee would take the subjectand effect as a will. But it denotes an instrument matter of the lapsed devise; of course, without a already made, as an instrument which shall here- republication of the will being necessary. after ecme into operation as such... Any To the case of a residuary devise, therefore, the person may claim under a will coming into opera-words of the Lord Chancellor would not be ap tion after the 1st Jan 15, but actually made plicable, when he says, "There would have been and executed at a date anterior to that time. My a difficulty in applying to devisees claiming by opinion is, therefore, that here the parties before virtue of a testamentary instrument made at one e dai mier a win wich was in existence time and republished at another, and having an at the time of the passing of is Act, and there- effect partly upon property existing before the fore was already made, and which as so made, date of the original making, and partly upon pro does for the purpose of this controversy, come perty acquired in the interval between the origina its operation after the time fxed by the Act, and date and the date of the republication; because the parties tefire me calm under that instru- such persons could not be said, in the language ment. A fenity would, undoubtedly, have arisen of the statute, to be claiming under a will If the parties were maling not entirely under the already made. They would be claiming partly * 16475, but chiming the property by virtue of a will that was already made, and sertion sober and by virtue of a will actually partly by virtue of the operation vicen to that in made in 1996, but republished at a rubsequent strument from the fact of its repetition." For in me as the deliber in which took effect, quond the cases above suggested, the will alone, without any particular estate, by virtue only of that sub- a republication, would pass after-acquired property the residuary devisee; and a republication could not, it should seem, abridge these rights, which were complete by the operation of the will as it stood, without a republication. The next point to be considered is, what deed or dunent does the Act refer to in its saving clause: -Provided also, that nothing herein contained shill affect the rights of any person claiming under er by virtue of any will, deed, or document already made or to be made before the 1st Jan. 1855.” Suppose a person seised in fee of lands to execute a mortgage of them. He then settles the equity of redemption upon himself for life, remainder to secure a jointure to his wife, and subject thereto, to the use of his first and other sens in tail. He dies, and the jointure to his wife takes effect, and subject thereto, the remainder in tail takes effect in possession in favour of his eldest son. In such a case, would not the wife and the son claim by virtue of the settlement? Would it not be the deed referred to by the Act? If so, it would be important to inquire whether the settlement was executed before the 1st Jan. 1855 er not. If before that day, the son would be entitled to have the estate exonerated out of the personalty, and to take it subject to the jointure only. If the settlement was executed after that day, the son would not be entitled to have the estate exonerated out of the personalty of the settlor, but would take it cum onere. But suppose that after payment of the mortgage the estate, after deducting the value of the mortgage, did not yield an income sufficient to satisfy the jointure. The jointress would, nevertheless, as it should seem, receive her full jointure, for the limitation in tail to the son is subject thereto. Where a mortgazed estate descends to the heir-at-law, the latter, ef course, cannot claim exoneration, for he does nt claim under or by virtue of any will, deed, or deument. This was so held in Piper v. Piper, 1 J. & H. 91; 36 L. T. Rep. 458. With respect to a deed executing a power of appointment, the estates created by it take effect in the same manner as if created by the deed which raised the power: (Sugd. on Powers, p. 470.) But the estates do not take effect from the time of the deed creating the power. If a feoffment is executed to such uses as a person shall appoint by will the appointee is in by the feoffment, but has no estate until the testator's death: (See Ib., Duke of Marlborough v. Lord Godolphin, 2 Ves. 61.) If then the case be put with reference to the Act we are considering, of an appointment after the 1st Jan. 1855, under a power created before that date, such an appointment would, it should em, not fall within the saving of the Act. As, if the owner of the fee mortgage his estate and then Settle it to such uses as he shall by deed appoint Previously to the 1st Jan. 1855. Afterwards he appoints the estate to A. and dies; it should seem Hat A's claim would be not under or by virtue of a deed made before the 1st Jan. 1855, but would be considered to arise, in point of time, solely by virtue of the appointment. The deed executing the power would therefore be, it should seem, the deed referred to by the Act. With respect to the word "document." If we ppose the power before mentioned to be exercisele either by deed or writing, an exercise of the power of writing would, it should seem, render the Word document applicable. A SELECTION OF ONE HUNDRED LEADING MAXIMS OR RULES OF LAW. WITH EXPLANATORY NOTES. By GEORGE FREDERICK WHARTON, of Manchester, Attorney at-Law. (Concluded from vol. 38, p. 614.) DE SIMI 2. UBI EADEM RATIO IBI IDEM LEX, ET LIBUS IDEM EST JUDICIUM: (7 Co. 18.)-Where there is the same reason, there is the same law; and of things similar, the judgment is similar. Note-For the first part of this maxim it may be that law is founded upon reason, and is the perfection thereof, and that what is contrary to on is contrary to law; and for the second, that where no established precedent can be found, exactly pint, whereupon to ground a decision, the case question may be properly decided by reference to ar cases. 3. UBI JUS IBI REMEDIUM: (Co. Litt. 197.)Where there is a right there is a remedy. -The principle of this maxim has been at l times recognised; probably, in former times, it 3 more looked to as a guide than at present, such as the remedies provided by the law were then so numerous, and first principles had to be more regarded in the recognition of an evil, and the finding a suitable remedy. At the present day, however, remedies seem to be in advance of rights, and the Legislature seems to anticipate defects; but still the maxim exists, and is ready to supply every defect and lend its aid to suppress every wrong. Though the remedy here alluded to may be said to apply to all possible abuse of right by wrong, it may, however, be more particularly defined to exist whenever the common or statute law gives a right, or prohibits an injury; on contract or on tort; for misfeasance or nonfeasance; and generally, whether or not damage has arisen from a violation of the right. It must be borne in mind that the right alluded to is one in contemplation of law, and not what any one chooses to think a right, and therefore, if A. have a house built within twenty years, and B., in digging out the foundation for an adjoining house, cause injury to the house of A., A. has no remedy, for by law he had not acquired a right, though probably he might think it hard that his house should be injured by no act of his own, and that therefore his right had been invaded, and that there ought to be some remedy for him in such a As this maxim shows that there is no right without a remedy, so there are others which show also that where there is such right, the law will provide the remedy; as, Lex semper dabit remedium; and also, that where the law gives anything, it gives the means of obtaining it also: Lou le ley done chose, la ceo done remedie a vener a ceo (2 Rol. R. 17). case. 94. UTILE PER INUTILE NON VITIATUR: (Dyer, 292.) -That which is useful is not rendered useless by that which is useless. Note. This rule is chiefly applicable to what is called surplusage, or the introduction of useless and unnecessary words in deeds, contracts, pleadings, & which words, under this rule, may be rejected, and instrument in which they are introduced. will not be allowed to vitiate, or render useless, the and other writings, good in part and bad in part, whether through defect in the consideration, the drawing of the instrument, or otherwise, come within this rule. Deeds 95. VERBA CHARTARUM FORTIUS ACCIPIUNTUR CONTRA PROFERENTEM: (Co. Litt. 36.)-The words of deeds are to be taken most strongly against him who uses them. Note. This maxim is subject to the rule, that an instrument must be construed according to the intention of the parties, gathered from the whole instrument, and the maxim only applies where there is an ambiguity, requiring explanation, in the language of the instrument, and where the construction to be put upon the language will not work an injury to third parties. It applies to deeds, contracts, pleadings, and other written instruments, private statutes, &c., and may be exemplified by the case where A., being owner of the fee, grants to B. an estate for life, without saying for whose life; this shall be taken to be for the life of B., an estate for a man's own life being considered greater than that for the life of another; also where A., being principal, contracts as agent, he will not be allowed to sue as principal without first divesting himself of the character of agent. 96. VERBA GENERALIA RESTRINGUNTUR AD HABILITATEM REI VEL APTITUDINEM PERSONE: (Bac. Max. 10.)-General words are restrained according to the nature of the thing or of the person. Note.-In considering the meaning to be given to general words in an instrument, the general scope of borne in mind, and the general words, or expressions, the document, in person, thing and intent, is to be are to be restrained so as to give effect to the particular and positive language, meaning and intent of the instrument; as in a deed, general words will not be construed so as to give a greater right than would the express words relating to the same matter. Subject to the rule, however, Verba generalia generaliter sunt intelligenda (3 Inst. 76)-General words are to be generally understood. 97. VERBA RELATA HOC MAXIMÈ OPERANTUR PER REFERENTIAM UT IN EIS IN ESSE VIDENTUR: (Co. Litt. 359.)-Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the instrument referring to them; or, as the same maxim is otherwise more succinctly expressed, VERBA ILLATA IN ESSE VIDENTUR-Words referred to are considered as incorporated. Note. This rule applies as well to cases where a particular clause in an instrument refers to another clause in the same instrument, as to parcels, schedul s, plans, &c., as it does to cases where reference is made in the instrument to some deed, plan, schedule, instrument in which the reference thereto is made. index, will, &c., altogether disconnected from the A deed referring to furniture, fixtures, machinery, &c. in a schedule being a totally distinct document, or to trusts declared in another deed; a deed whereof one clause, for brevity, refers to another clause with a mutatis mutandis; and affidavits referring to a deed or other document, are all within the rule. 98. VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIUNT: (Wing. 692.)—The vigilant, and not the sleepy, are assisted by the laws. Note. In all actions, suits, and other proceedings, at law and in equity, the diligent and careful actor is favoured, to the prejudice of him who is careless and neglectful. All statutes also, made for the limitation of actions, whether as respects real or personal property, persons, or things, are made in furtherance of the principle of this maxim; not so much, however, with a view to assisting the vigilant as discouraging those who sleep on their rights, by preventing their setting up stale demands, to the injury and annoyance of those who are apparently in the peaceable enjoyment of their rights. 99. VOLENTI NON FIT INJURIA: (Wing. Max. 482.) -That to which a man consents cannot be considered an injury. Note.-Consensus tollit errorem is an instance of the application of this maxim. It applies, however, principally to those cases where a man suffers an injury for which he has a claim for compensation, but which claim he is considered as waiving by acquiescing in, or not objecting to, the injury committed; as, when a man connives at the adultery of his wife, he cannot obtain damages from the seducer, nor sustain a petition for divorce; or, where a man is a joint contributor to the injury he has received; as when it has resulted partly from his own, and partly from another's, negligence. 100. VOLUNTAS REPUTATUR PRO FACTO: (3 Inst. 69.) -The will is to be taken for the deed; or, IN CRIMINALIBUS VOLUNTAS REPUTABITUR PRO FACTO: --In criminal acts the will is taken for the deed. Note. This is the old maxim with respect to treasonable offences, to constitute which offence, the intention alone is sufficient; as also with respect to the same offence the maxim, Scribere est agere (2 Rol. R. 89)-To write is to act-may be understood as applicable. THE PRACTICE OF CONVEYANCING. BY WILLIAM WHITTAKER BARRY, of Lincoln's-inn, Esq., Barrister-at-Law. No. XIV. WILLS. (Concluded from vol. 38, p. 625.) THE signature at the end of the will must be made or acknowledged by the testator in the presence of two witnesses present together, and they immediately thereafter, without separating and without leaving the testator's presence, should sign their names under the attestation clause, which should be written near the end of the will. Before or immediately after the witnesses have thus subscribed their names, they should sign their names or place their initials in the margin of the will, opposite to any interlineation, erasure, or other alteration: (Hayes & Jarm. 544.) The subscription by the witnesses should, where practicable, be in their own handwriting, and should contain their names written in their usual form and manner, and also their abode and quality: (Ib. 81.) The mark of a witness, however, is sufficient, and his signature by initials is a good attestation, but his seal is not. The hand of a witness who cannot read or write may be guided, and so of a witness who cannot write. The acknowledgment of a prior signature, though a witness: (Ib. 17.) A witness cannot, by going good if made by the testator, is bad in the case of over his signature with a dry pen, give effect to it as a new signature; nor can he, by adding a further description to his place of residence mentioned in his original signature, give a new effect to that signature. Should it become necessary therefore to re-execute a will, the witnesses should be required to rewrite their names as witnesses to the re-execution: (Handy Book 170.) The testator's signature upon the will must be seen by the witnesses; but the witnesses need not see any part of the body of the will, or know that the document is of a testamentary character. The testator must be proved to have been in such a position that he might, if he had wished, have seen the witnesses as they subscribed. Therefore, during the ceremony of the execution and attestation of a will, the testator should not turn his back upon the witnesses, or be shut out from their view by a curtain or a screen, or in any other mode, and the witnesses should not go into an adjoining room for the greater convenience of affixing their signatures: (Hayes & Jarm. 11, 12, 13.) In one case where a lady went to her attorney's office to execute her will, bu executed it in her carriage in the presence of the witnesses, who then returned into the office to attest it, the validity of the will was established because the carriage was accidentally put back to the window of the office, through which, it was sworn by a person in the carriage, the lady might |