ing him with the epithet, he may descend to something worse, whereas, by affording him a measure of hope, he might, by honest exertions, recover his position.

THE MAGISTRATE.

Summary.

No subject relating to the administration of the law has been mooted since our last, save a few cases on points of secondary interest, which will be found among the reports.

EXEMPTION OF LITERARY INSTITU-
TIONS FROM RATES.

We wish to draw particular attention to the case
of Reg. v. Ratcliffe Caley, reported in our last
week's number (suprà, 782). It shews that each
examination for an order of removal should be
complete in itself, and with all the requisites of ju-
risdiction, and that it will not suffice to take several
upon the same sheet of paper, although the heading
of each after the first is, touching the above-named
settlement, and is dated on the same day, and at
the same place, and signed by two persons of the
same name, if it does not also shew that it was
taken before a competent authority, in other words,
that they were justices, &c.
E. W.

would thus be enabled to absorb the remainder of the criminal business of the Westminster and Middlesex Sessions of the Peace, without any express alteration in its constitution. These courts would thus cease to entail a heavy expense, while the police magistrates and police courts, whose daily influence upon the incalculable, would at once gain the support of a thoughts, feelings, and manners of the population is higher public opinion, which they merit, and the assistance of intelligent men of the middle classes, well qualified to deal with such cases as it is proposed to leave to them, and whom the sitting magistrates would array, on each occasion requiring their assistance, precisely as a judge arrays the jury of a supe. rior court.

THE LAWYER.

Summary.

OUR readers will perceive that the construction of this statute has again been under the consideration WE are assured that the Common Pleas is of the Court of Queen's Bench, and another society, which had been supposed by Mr. Tidd Pratt to positively to be thrown open by legislative enCRIMINAL STATISTICS. be entitled to exemption under the statute, declared actment during the present Session, the existnot to be within its provisions. We do not feel in- V. P. in the chair. The paper read was "On the of precedence. The effect will be still more to STATISTICAL SOCIETY, April 20.-T. Tooke, Esq., ing Serjeants to be compensated with patents clined to quarrel with this decision, although the Criminal Courts of the Metropolis, and their Operaobject of the British and Foreign School Society, or tion," by J. Fletcher, Esq. Resuming the subject scatter about the leaders at the Bar, and to rather of the Normal school then more particu- of criminal statistics at the point of the excess of juve- make suitors far more dependent upon their larly considered, is a much nearer approach to the nile offenders, made manifest by papers read before juniors, inasmuch as it will be impossible for purposes of literature and science than those of the the society by the Rev. W. Russell, Mr. Fletcher them to rely upon the leader's presence when Religious Tract Society. But the decision may be gave an outline of the history, organization, cost, and the cause comes on; and it will be impossible fully supported upon the words of the Act, which operation of the police courts and higher criminal for certain men to confine themselves to parrequire that the society shall be "instituted" for courts of the metropolis; endeavouring to discover purposes, &c.; for it is clear that the Normal whether, in their early treatment of early offences, ticular Courts, because on their Circuits they schools were not the sole objects of the society, the tide of crime at its outset. some means might not be found to stem or to divert must take the causes from any Court, and those which, as its name imports, is directed much more are the most ancient existing courts of police; and also at Westminster. The first effect will be The coroners' courts they conduct on the Circuit they must fight to assist the spread of education by grants of money next to these in antiquity are the Lord Mayor's to flood the Common Pleas with business, not and subscriptions, than to forward the science of and that of the aldermen respectively. Beyond the education, for which it was, though unsuccessfully, limits of the City there were no justices of the peace only because it has an excellent Bench, but contended, that the Normal school was supported. but those included in the usual commissions of the because there will be an impression, that as it As, however, all the judges concurred in expressing several counties, until about fifty years ago. The has little business, a case will be sure of a their great regret that the statute was so vaguely office, in which stipendiary magistrates were ap- Exchequer, as being now the most crowded Government then established the Bow-street Police- speedier hearing. For the same reason the and imperfectly expressed; and Lord Denman pointed to sit; seven other offices were created in hinted that it was even doubtful whether Mechanics' 1792; and the Thames Police-office in 1800. Two court, will be for a time suddenly avoided. Institutes, which unquestionably were most in the other establishments in the eastern and western We throw out this hint, that the practitioner view of the framers of the Act, are within it, we suburbs of the metropolis, each with two domiciles, may take it into his calculation when he issues do trust that the Government will, of their own have recently been added; and these eleven, with the a writ. It will be seen that the Exchequer has accord, bring in a Bill to amend and explain the Act; two City courts of the Mansion-house and Guildhall, disallowed the plea of lis pendens, in the case or, if they will not do it, that the subject will be form the existing police tribunals. The annual forced upon them by some active member of the expense of the whole metropolitan establishment, of an action for the same debt brought against House of Commons. Where are the friends of including 4,000l. for the superannuation of magis. several persons, liable jointly and severally, education and well-wishers to the improvement of nearly 10,000l. is defrayed by fines and fees, leaving fendants to pursue was that we had ventured trates and officers, amounts to about 45,000l. of which intimating that the proper course for the de the humble classes of society? 35,000l. to be discharged out of the public purse. to recommend, namely, that judgment should Besides, however, this special decision, the Court The two city offices may be stated to cost about came to an important conclusion as to the power of 6,5001. of which about 6501. is met by fees. Of about be permitted to go against one of the defendappeal given by the 6th section. They admitted 48,000 persons, whose cases are in each year sum- ants, and then that the rest should instantly that the words were very obscure, but held that marily disposed of at the metropolitan police-offices plead that judgment in bar to their actions; there were two periods, at the option of the appel- without the City, 20,000 are discharged, 15,800 fined, and the Judges remarked that this may be lant, viz. either within four months of the first 1,300 imprisoned for periods not exceeding seven done even puis darrein continuance. To bring days, 3,000 above seven and not exceeding fourteen assessment after the filing of the certificate, or days, 5,000 above fourteen days and not exceeding a up the heavy arrears of business before the within four months of the first rate made after the month, 2,000 not exceeding two months, 850 not long vacation, the Queen's Bench will sit for society distinctly claimed exemption; although what exceeding three months, and only about 50 for higher ten days, and the Exchequer for three weeks would constitute a claim of exemption is nowhere terms, not exceeding six months. About 5,000 after term. defined by the statute. are annually committed for trial in the superior courts. The general or quarter sessions of the peace, held by the magistrates of each county and bailiwick, comprising different parts of the metro polis, were in full and uninterrupted operation, until court of gaol delivery for the City of London and number. 1834, when the Old Bailey Session, forming the county of Middlesex, was converted into the present Central Criminal Court for the whole of the metropolis and its neighbourhood in whatever county included. Such are the advantages of this court, which disposes equally of the most trifling and the most serious cases committed for trial, that it has absorbed a great portion of the business which forin the Commons Police Committee of 1838, whether merly went to the sessions; and it was even debated it would not be better to abolish the latter altogether, and divide their functions between the magistrates of police and the Central Criminal Court, to which sixsevenths of the criminal business is actually brought, while the parts of Surrey, Kent, and Essex within its jurisdiction are already wholly relinquished to its powers by the magistrates of those counties. To dispense with the second trials at the higher courts of great expense to the public in money, time, and anjuvenile offenders for petty larcenous crimes, at a noyance, and to the further initiation of the young culprits in every degrading subterfuge, Mr. Fletcher suggested, not the abolition of the trial by jury in such cases, but rather its extension, in a modified form, into the police courts themselves, in like manner as it now exists in the County Court of Middlesex, since its extension, in 1838, to the recovery of debts not exceeding 101. Thus, with a small jury of assessors Day to Strickland v. Strickland serving for the day, the police magistrate might safely Same v. Boynton be intrusted with the disposal, at once, of the very To fix a day-Vandeleur v. Blagrave Same v. Strickland petty cases which form more than one-half of the present business of the Central Criminal Court, which

It seems to us somewhat remarkable that, among the proposed interpretations of the words," such exemption claimed," it was not suggested that it referred to the power given to a society to go to the Sessions, in case the barrister refused the certificate, and get their rules filed by the Sessions (sec. 5). We do not mean to say that this is clearly the meaning, but it is a meaning, and we apprehend that although there would be, this anomaly of an appeal from the Sessions to the Sessions, yet as the proceedings at Sessions under that section would be ex parte so far as the society, that the inhabitants would not be bound to acquiesce in such exemption. We certainly should have wished to have seen the decision of the Court upon this point, but it was not once mentioned.

It will be seen, also, from the judgment of the Lord Chief Justice, and 'Mr Justice Patteson expressed himself to the same effect, that the Act apparently does not give power to the barrister to decide what is within the statute absolutely, and that the certificate is only one, among several conditions, which must be fulfilled, and that the absence of any one of these would render the certificate useless. It was mentioned by Mr. M. Chambers that the very point was now pending before the Court in an action of trespass (see supra, 145).

All these difficulties and doubts upon what was intended to be a boon to the middle and lower classes of society, and an encouragement to intellectual pursuits, imperatively shew the necessity of a speedy amendment of the law, which should

So heavy are the reports, that we are obliged again to omit a variety of leading articles, and every other matter that would bear postponement, and most probably we shall find it necessary next week to have another double given, and many more are expected daily. Many long judgments have been

ETC.

PROMOTIONS, APPOINTMENTS,
[Clerks of the Peace for Counties, Cities, and Boroughs will
oblige by regularly forwarding the names and addresses of
all new Magistrates who may qualify.]
COMMISSIONS SIGNED BY THE LORD LIEUTENANT

OF THE COUNTY OE NORTHAMPTON.

Earl of Pomfret; the Baron Henley; the Hon.
The Earl of Euston; the Marquis of Chandos; the
Richard Watson; William Bruce Stopford, esq.;
William Cartwright, esq.; Rainald Knightley, esq.;
John Michael Severne, esq.; Richard Aubrey Cart-
wright, esq.; William Willes, esq.; George Payne,
be Deputy Lieutenants.
esq.; William Smyth, esq.; Henry Neville, esq. to

be

fixed

COURT PAPERS.

CHANCERY CAUSE LISTS.
Before the LORD CHANCELLOR.

Appeals

Coone v. Lowndes
Minor v. Minor, 2 appeals, supp.`

suit

The LAW DIGEST is now completed. Being stamped, the practicability and propriety of abbreviating

the verbiage of conveyancing, by the enactment of shorter forms, that shall have in law the same meaning. The Society now embraces almost all the distinguished lawyers of every party, and a considerable portion of the most now due, and subscribers desirous of availing influential of our statesmen. Whatever comes themselves of the great reduction allowed for so recommended will be likely to receive the pre-payment, should forward the same in the support of a Government always glad to have course of the ensuing week. The prepaid its labours relieved by the gratuitous aid of a subscription is 11. 5s, for the half-year, body in whom it may place confidence, and and 21. 78. for the year, being a reduction re-it commands strength enough in Parliament to spectively of 25 and 30 per cent. Post-office Orders must be made payable to Mr. JOHN CROCKFORD, Publisher of the Law

siness done, and for this purpose that the mode of payment for conveyancing should be changed, and instead of a scale measured by number of words, the amount of skill and labour required should regulate the fees.

And for your information I hereby quote from the penal clause the following:-"Any debtor refusing to disclose every transaction respecting his property or the sale or disposal thereof, or having made away with his property for the purpose of defrauding his creditors, or of contracting more debts than he was It is to this that we are anxious to direct the able to pay, or who being in receipt of wages or saparticular and early attention of the Profession.lary, or other income, and shall refuse or neglect to Seeing that there is little or no hope of retain- pay such instalments as shall be fixed by the Court, for every such offence, and in respect of each and ing the present mode of payment, let them de- every such instalment, he shall be liable to forty days' vise some other that shall equally secure to imprisonment in the common gaol." them that fair remuneration which is their right.

King Street, Blackburn.

PETER WELLS.

VERULAM PUBLICATIONS.
As the season is approaching when the Re-
gistration forms will be wanted, the usual notice
is given that persons requiring considerable
quantities may have the name of their county,
city, or borough printed in the forms, if they
will send their orders immediately.

N.B. No imprisonment, under this Act, goes to extinguish any debt nor any instalment fixed by the The Society, and its Short Forms Bill now fraudulent debtors are limited to prison diet, and alCourt, and by a late order of the Home Secretary, before Parliament, propose a payment accord-lowed to see their friends only once a week. ing to services. But the practical difficulty arises, how are these to be measured? It would rarely happen that all parties would set the same value upon the labour of one. There would be difficulties in permitting a man to be a judge of his own worth, and to charge accordingly; and the outcry among clients would be even greater than it is now, were a bill of costs to consist of so indefinite an item. For the purposes of business, it is essential that some sort of scale should be fixed by which, as the standard, a test may be applied in case of dispute. None has ever been suggested which would do absolute justice. In practice the costs never can be precisely measured by the labour bestowed. They are, and they will ever be, regulated, to a considerable extent, by the value of the property conveyed.

And it is the recollection of this tacitly established rule that induces us to recommend its adoption avowedly as the scale of costs in conveyancing. We mean not that it shall be sternly applied in all cases, whatever their peculiar features; but that the value of the property conveyed shall be the primary scale by which the solicitor shall be paid for the labour bestowed, where the case presents no extraordinary features. But where it can be shewn that the title or the conveyance itself required unusual labour, then he should be entitled to demand such further fees for that extra work as the Master, on taxation, may think fit to allow.

Mr. SAUNDERS's Practice of Summary Convictions will be published on Saturday next. It is the first of the projected series of books of Practice to be published for the Society.

BIRTHS, MARRIAGES, AND DEATHS.

[The charge for the insertion of the above is 5s.]
MARRIAGES.

inst. at St. Noet's.

CROSSE, Edward Willson, esq. of Doctors'-commons, and
Torrington-square, London, to Sarah Mary, youngest
daughter of William Day, esq. of St. Neot's, on the 3rd
Cook, J. esq. solicitor, Hull, to Charlotte, eldest daughter
of W. Perkins, esq. late of her Majesty's Customs, at that
FOULGER, Charles, esq. of the Temple, to Anne Kelsick,
second daughter of the late Thomas Hall Vaughton, esq.
and sister of Alfred Vaughton, esq. of Fillongley-lodge,
Warwickshire, on the 28th ult. at Fillongley Church.
DEATHS.

port.

was made knight of the Bath at the marriage of Prince Arthur, eldest son of Henry VII. His great grandson, Sir Roger, was knighted by Queen Elizabeth, 1578; and his son, Sir Philip, was knighted by the Earl of Essex, at Calais, for his valour, and made a baronet 1611; he died 1623. His son, Sir Philip, an accomplished and learned man, died 1681; and his grandson, Sir John, died 1754, leaving the late Sir Armine Wodehouse, who died in 1777, having represented the county of Norfolk in five parliaments. "He left issue the late Lord Wodehouse, father of the nobleman whose demise we have the duty of recording, who was elevated to the peerage in 1797. The late lord was cousin of Mr. E. Wodehouse, M.P. for East Norfolk.

JOURNAL OF PROPERTY.

A PRACTICAL COMMENTARY

ON

THE LAW OF CONTRACTS RELATING
TO REAL PROPERTY.
By WILLIAM HUGHES, Esq. Barrister-at-Law.
(Continued from p. 197.)

II. AS TO THE PURCHASER.
1. Of voidable purchases.

2. Persons capable of purchasing, and yet incapable of holding.

And

3. Persons totally disabled from purchasing. THERE are a certain class of persons who, although capable both of buying and holding lands, are nevertheless enabled, at some future time, to annul the purchase: others there are, who, though capable of purchasing, are incapable of holding; and some there are, who are incapable of either holding or purchasing. Under the first class we may rank married women, infants, and persons of unsound mind. Under the second, aliens, attainted persons, corporations (whether lay or ecclesiastical), and, until recently, persons professing the Roman Catholic religion. under the third, trustees, solicitors of vendors, commissioners, assignees, or the solicitor under a commission or fiat in bankruptcy: the committee of a lunatic, auctioneers, creditors who have been consulted as to the mode of sale, the governors of a charity, commissioners under inclosure acts, execuJONES, Lieut. col. Ireland, of Veranda, near Swansea, an active magistrate, and deputy lieutenant for the county of tors and administrators, all of whom are, except GlamorgaST, Francis, esq. registrar of the Court of Chan-hereafter, incapable of becoming the purchasers of cery in Ireland, on Sunday, the 31st ult. in St. Stephen's-property they have anything to do with in those green, Dublin, aged 78. SILVA, Emanuel, esq. one of her Majesty's Justices of the respective characters. Peace, for the county of Surrey, on the 29th ult. at Newington-place, aged 76.

DUDLEY, Jane Castell, only daughter of Mr. Crews Dudley,
solicitor, Oxford, on Friday, the 29th ult. at the residence
of her aunt, Mrs. Castell, Wilcot-house, near Witney.

on the 29th ult. at Cheltenham, aged 69.

WARD, George Robert Michael, M.A. late Fellow of Trinity
College, and Deputy Steward of the University of Oxford,
barrister, on the 23rd u't. aged 46.

under certain restrictions which will be mentioned

We believe that some such plan as this would not only prove equally advantageous to the Profession with the present one of payment according to number of words, but that it would certainly give great satisfaction to clients. It may be averred, in opposition to it, that in fact the labour is not proportioned to the value, and that title and conveyance are as troublesome for a small as for a large property. OF LEGISLATORS, MAGISTRATES, AND LAWYERS. v. Jordan, Doug. 452; Garband v. Allen, 1 Ld.

This is true; but where a strictly accurate test is impossible, it is worth consideration whether that which we suggest is not, upon the whole, the best that could be devised, especially as it is the one now practically adopted in half the cases that occur, few solicitors making the same charges for a property of 1007. as for one of 1,000l. even although equal labour be bestowed upon both.

At all events, something should be done to prepare for coming changes. Mere dogged opposition will not long suffice to avert them. They must be met with counter-proposals and practical amendinents, and thus they may be rendered harmless. But immense exertions among the Profession are necessary to insure a respectful hearing for their remonstrances.

NECROLOGY

LORD WODEHOUSE.

1. Of voidable purchases. Married women.-A married woman may pur chase an estate without her husband's consent, and the conveyance is good during the coverture, unless he, as he undoubtedly may, thinks proper to annul it. (Co. Litt. 3; 2 Blac. Com. 293; Barnfather

Raym. 224; Francis v. Wizzell, 1 Mad. Rep. 258.) But after the husband's death, the wife, in case she survive him, may avoid the sale, whether he has this whether she dies before or after her husband, assented to it or not, as may also his heirs; and unless in the latter event she should do any act to express her consent or agreement.

Lord Wodehouse expired suddenly on Friday last, lord had been on the decline for some months back, at Kimberley Park, Norfolk. The health of the noble but his speedy dissolution was not at all anticipated. For the last two years the noble lord had partially abstained from public affairs. The deceased John Wode- Infants.-An infant, if he purchases during his house, Baron Wodehouse of Kimberley, county Nor- minority, may waive any contract or conveyance folk, in the peerage of Great Britain, and a baronet, made in pursuance of it when he comes to full age; was the eldest son of John first Lord Wodehouse by Sophia, only daughter and heir of Mr. Charles or if he does not then actually agree to it, and die Berkeley, brother of John fifth Lord Berkeley, of without affirming it, his heirs may waive it. (Co. Stratton, which title is now extinct. He was born Litt. 26; 2 Blac. Com, 292; Ketsey's case, Cro. 11th Jan. 1771, and married 18th Nov. 1796, Miss Jac. 320; 1 Roll. Abr. 731; Holmes v. Blogg, 8 Charlotte Laura Norris, only daughter and heir of Taunt. 508.) But still the purchase is not totally about two years back. By his marriage he had issue confirm or rescind it upon attaining his majority, Mr. John Norris, of Wilton Park, Norfolk, who died void, as it is in the power of the infant either to six sons and five daughters, several of whom survive and if once confirmed by him, it cannot afterwards their noble parent. The deceased lord was lord lieutenant of the county of Norfolk, and vice admiral of be annulled. This confirmation may either be exthat coast, and also colonel of the East Norfolk pressly done by an avowed confirmation, or by the militia. He is succeeded in the hereditary title, and performance of certain acts from which such conextensive family estates in Norfolk by his grandson, firmation may reasonably be implied (Franklin v. Mr. John Wodehouse (now, of course, Lord Wode- Thornbury, 1 Vern. 132); as, for example, by re house), eldest son of the late Hon. Henry Wodehouse, taining possession of the purchased lands, or receiv by Anne, only daughter of Mr. T. T. Gurdon, now in ing the rents and profits; or by cutting down his 21st year. The late lord, previous to his succeed-timber, or exercising other acts of ownership over SIR,-I am instructed by Mr. Geo. Whuston to seize ing his father in the family honours in 1834, repre- the property. (Smith v. Lowe, 1 Atk. 489.) all your goods and chattels, and to apply to you for a sented the county of Norfolk in several successive Lunatics and Idiots.-The acts of a lunatic or debt of 61. due to him for goods, &c. Fail not at parliaments. The Wodehouse family were of great your peril. And if the same, together with all antiquity in Norfolk. They derived their descent non compos may, as we have already seen, be set lawful costs and charges, be not paid to me, or to through a succession of knights from the time of aside, either by himself on recovering his senses, or plaintiff, within one hour from this date, an action Henry I. John Wodehouse was gentleman of the by his committee, or his heirs, after his death (as to will be commenced against you for the recovery of privy chamber to Henry IV., and particularly dis- which, see ante). the same, under the provisions of the late Act of Vic- tinguished himself at the battle of Agincourt, for toria, chapter 127, and dated August 9, 1345, inti- which the king granted him an augmentation to his tuled, "An Act for the better Securing the Pay- arms, and to which the family motto alludes; he died ment of Small Debts." in 1430. His descendant, Sir Thomas Wodehouse,

SHAM LAWYERS.

HERE is an effusion of one of this pestiferous tribe, resident, we believe, in Blackburn. It is printed in red ink, to look as frightful as possible :

2. Persons capable of purchasing, yet incapable of
holding.
Aliens.-An alien is not disabled from purchasing

cannot purchase of himself, he is allowed to
purchase from his cestui que trust, provided there
is a distinct and clear contract ascertained to be
such after a jealous and scrupulous examination of
all the circumstances, and there is no fraud, no con-
cealment, no advantage taken by the trustee of in-
formation acquired by him in the character of
trustee. (Coles v. Tregothie, 9 Ves. 246; Morse
v. Royall, 12 Ves. 373.) And where an estate is
vested in trustees upon trust for sale, and the trustee
is desirous of becoming a purchaser, he may file a
bill for the purpose of carrying the trusts into
execution under the direction of the Court, and
upon the sale apply to the Court for leave to be-
come the purchaser upon offering to give more than
any other person. (Campbell v. Walker, 5 Ves.
681.) With respect to a trustee for creditors pur-
chasing any of the trust property on his own ac-
count, it appears doubtful whether the purchase
could be sustained, unless with the concurrence of
every one of the creditors; for though it has been
said that if a majority of the creditors agree, it will
be sufficient, (Whelpdale v. Cookson, 1 Ves. sen. 9),
the correctness of this dictum is very question-
able. (Ex parte, Budge, 1 Mad. Rep.)

CHAPTER III.

ON THE PREPARATION AND DELIVERY OF THE
ABSTRACT.

I. PRELIMINARY OBSERVATIONS.

II. PRACTICAL DIRECTIONS FOR Preparing tHE
ABSTRACT.

1. Heading of the abstract.
2. Root or origin of the title.

3. When a double abstract will be necessary.
4. How the various documents should be set out.
5. Deeds, how to be abstracted.
6. Attendant terms.

7. Copyhold assurances.
8. Wills.

9. Fines and recoveries.

10. Commission of fiat in bankruptcy.
11. Insolvency.

12. Judgments.

13. Decrees.
14. Descents.

15. Administration.
16. Matters of fact.

17. Cancellation, alteration, or erasure of documents.

lands, but he is incapable of holding them afterwards, because, upon office found, they become forfeited to the Crown. (2 Blac. Com. 293.) The only exception to this rule is, a lease of a dwelling-house and buildings for the purpose of habitation and trade (7 Rep. 17), which an alien friend will be entitled to hold for those purposes. But he cannot protect himself as to the possession of any other real property, by purchasing in the name of a trustee. The only means by which he can be enabled to hold real property in any part of the United Kingdom, is, by being made a denizen, or becoming naturalized, which will enable him to retain the possession of all lands acquired by him subsequently to those events. (Co. Litt. 2, b.) It was, indeed, not long since the prevailing opinion that the naturalization of an alien enabled him to hold lands acquired previously (Goulds, 29 pl. 4), though by becoming a denizen he would only be entitled to hold lands acquired afterwards; but more recent decisions have established that there is no such distinction, and that a naturalized alien is no more than a denizen capable of holding previously acquired lands. (See Mr. Rudall's note to Hawk. Abr. Co. Litt. 17, n 38.) Attainted persons.—Persons attainted of treason, I. PRELIMINARY OBSERVATIONS. felony, or præmunire, are incapable of holding Solicitor or Attorney. With respect to an AFTER the contract is duly signed, the next step lands from the time of the offence committed (Co. attorney's purchasing of his client, the rule is, that, for the vendor's solicitor to take is to deliver an Litt. 42; 2 Blac. Com. 290.) Hence, although strictly speaking he is unable to do so as long as abstract to the purchaser, or his solicitor, either at, they may purchase, it will be for the benefit of the that relation subsists between them, yet when that or within the time appointed by the contract or Crown, or the lord of the fee, according to the na-relationship is dissolved, this disability will be re- conditions of sale; and this the former should take ture of the crime. (Co. Litt. 2; 15 East, 463.) moved. Where sales of this kind have been im- care to do, as an omission of this kind would avoid peached, there has been some fraud or concealment the contract at law (Calonel v. Briggs, 1 Salk. 112; on the part of the attorney; as, for example, he has Lock v. Wright, 8 Mod. 40; Powell v. Pillett, purchased in the name of a third party, or by some Gilb. Rep. 188; Hamilton (Duchess of) v. Hameans or other has contrived to conceal the fact of milton (Duke of), Grounds and Rudiments of Law his being the actual purchaser; and when this is the and Equity, 4; Berry v. Young, 2 Esp. N. P. C. case it would afford sufficient ground for rescinding 640), and in equity also, if time is made part of the sale. In a recent case indeed where a solicitor the essence of the contract. (Butcher v. Hinton, I purchased from his client in the name of a trustee, Cha. Cas. 302; Keen v. Stukeley, Gilb. Rep. although at a price at which the vendor himself had 155; Pope v. Roots, 7 Bro. P. C. 184; Feverauthorized it to be sold, yet as the solicitor con- sham (Earl of) v. Watson, Rep. temp. Finch, cealed the fact that he himself was the purchaser, 445; 2 Freem. 35; Hatton v. Long, ib. 12; Lloyd' the sale was set aside as fraudulent, notwith-v. Collett, 4 Ves. 689 (n); Radcliffe v. Warringstanding there had been a possession of upwards of ton, 12 ib. 326; Hudson v. Bartram, 3 Mad. Rep. forty years under the conveyance; Trevelyan v. 440; Bochin v. Wood, Jac. & Walk. 419; Withy Charter (Rolls, January, 1835, afterwards af- v. Cottle, 1 Turn. 78; Lechmere v. Brazier, 2 firmed in the House of Lords). And whenever an Jac. & Walk. 239; Levy v. Lindo, 3 Mer. 84; see attorney or solicitor purchases from a late client, also 1 Mad. Prac. 416, 2nd edition; 1 Fonbl. Eq. he should see that the latter employs some other 394.) Even where no precise time is stipulated attorney; otherwise, by mixing together the sup- for the delivery of the abstract, it will be necessary posed character of attorney and purchaser, he will that it should be delivered within a convenient time; throw upon himself the onus of proving that he has but what limit is to be so considered is involved in given his client all that reasonable advice against him- considerable doubt. To avoid any questions, thereself, he would have given him against any other fore, from arising about the matter, the vendor's person. (Gibson v. Jayes, 5 Ves. 266; Wood v. solicitor should in every instance use due diligence Downes, 18 Ves. 120; Montesquieu v. Sandys, in forwarding the abstract; for a delay on his part, ib. 302; Pane v. Allen (Lord), 2 Dow. 289). to say the least of it, will afford a pretext for the same line of conduct on the part of the purchaser, which may often, as I have already remarked (ses ante, 4, 5), cause great inconvenience to the vendor.

Corporations. Corporations, whether lay or ecclesiastical, aggregate or sole, are, without an express license to alien in mortmain disabled from holding any lands they may have purchased in their corporate capacity; which lands will become forfeited to the lord of the fee; and in case he fails to avail himself of the forfeiture within the prescribed time, the lands will go to the Crown. Hence the inhabitants or parishioners of any place are disabled from holding any lands purchased by them under those characters. (Co. Litt. 3 A.) The only exception to this rule seems to be the case of guardians and overseers of the poor purchasing lands for the purpose of a workhouse, which they are expressly enabled to do by Act of Parliament. (3 & 4 Wm. 4, c. 76.)

Roman Catholics. Until within the last few years, persons professing the Roman Catholic religion who neglected to take the oath as prescribed by the stat. 31 Geo. 3, c. 32, were disqualified from holding lands, except for the benefit of their Protestant next of kin (stat. 43 Geo. 3, c. 40.); but by statute 10 Geo. 4, c. 7, s. 23, a Roman Catholic subject is enabled to hold any real or personal estate, without being required to take any other oaths than may be required to be taken by any other of her Majesty's subjects.

Commissioners and assignees of bankrupts, &c.— Commissioners, assignees, and solicitors, under a commission or fiat in bankruptcy, are, as I have already remarked, disabled from purchasing the bankrupt's property, as are also the assignees of an insolvent debtor. (Ex parte Reynolds, 5 Ves. 707; Ex parte Hughes, 6 ib. 617; Ex parte Lacey, ib. 652; Ex parte James, 8 ib. 337; Ex parte Bennet, 10 ib. 381; Ex parte Morgan, 12 ib. 6. Ex parte Andrews, 2 Rose, 410; see also Hen. Bl. Law, 216); neither are the committee of a lunatic permitted to purchase the lunatic's estate, (Wright v. Proud, 13 Ves. 156); nor can auctioneers purchase the estate they are employed to sell (Whelpdale v. Cookson 1 Ves. sen. 9; Lister v. Lister, 6 Ves. 631; Saunderson v. Walker 13, ib. 602). Executors or administrators are also disabled from purchasing the estate or effects of their testator intestate (Hall v. Hallett, 1 Cox, 134; Burden v. Burden 1 Ves. & Bea. 170). This disqualification does not, however, extend to a residuary legatee (Hooper v. Goodwin, Cooper, 95), nor to the next of kin, nor to the heir at law of a testator who has devised away his real estate.

And as, on the one hand, the vendor's solicitor should be careful to deliver the abstract in proper time, so, on the other, the purchaser's solicitor should be equally active; and when a time is appointed for the delivery, the latter should make a point of demanding it on or before the time. It is not solely incumbent on the vendor to move by making a tender of the abstract; something also is incumbent on the purchaser to ask for it (Guest ▼. Homfray, 5 Ves. 283); and any laches on the part of the latter to do this may afford sufficient ground for rescinding the contract; and that even where no time is appointed for the delivery of the abstract, if the purchaser's solicitor permits a considerable time to elapse without asking for it.

3. Persons totally disabled from purchasing. The total disability to purchase arises from two causes. First, that the parties whom it embraces cannot be both buyers and sellers; and, secondly, with a view to prevent fraud, which persons situated in certain relations might otherwise be tempted to be guilty of. Hence a trustee is not permitted to become a purchaser from himself of the whole or any portion of the trust property (Herne v. Meers, 1 Vern. 465; Ayliffe v. Murray, 2 Atk. 59; Fox v. Mackreth, 2 Bro. C. C. 400; Coles v. Tregothie, 9 Ves. 234; Ex parte Bennett, 10 Ves. 3; Morse v. Royall, 12 ib. 372;) even at a sale by public auction (Whelpdale v. Cookson, 1 Ves. sen. 9; Lister v. Lister, 9 Ves. 631; Sanderson v. Walker, 13 ib. 602; Downes, v. Glazebrook, 3 Mer. 207); which disability extends also to his solicitor. Abstract by whom to be prepared.—In ancient (Downes v. Glazebrook, supra; White v. Fussil, bedays the practice seems to have been to deliver over fore V. C. Leach, June 29, 1818, referred to in 2 Mad. the title-deeds themselves to the purchaser, and the Pract. p. 110, 2nd edit.) But after a trustee is disabstract was prepared from such deeds by his solīcharged from his trust he will no longer be disabled citor, and at his own expense. This practice has, from purchasing of his cestui que trust; but then however, been long since done away with (1 Prest. he purchases subject to the liability of having the Mortgagee.-Whatever opinions may formerly Abs. 34), and the established rule now is for the sale set aside, if the cestuis que trust were to say have prevailed, it is now clearly settled that the re- vendor to defray the cost of the abstract, which is within a reasonable time that they were dissatisfied lation of mortgagor and mortgagee does not pre-prepared by his own solicitor. The abstract only with the purchase, and can also shew that it would clude the latter from purchasing the equity of re- and not the title-deeds, is delivered to the purbe for their advantage that this should be done. But, demption (Skinner v. Stacey, I Wils. 80; Good- chaser's solicitor, who afterwards is allowed access at the same time, if the trustee's conduct was fair title v. Pope, 7 T. R. 185; Ex parte Marsh, to such title-deeds in order to examine them with and honourable, or rather, if there had been no 1 Mad. Rep. 48). The cases in which transactions the abstract, which latter expense is borne by the unfairness on his part, he would be entitled to a of this kind have been seemingly impugned, have purchaser. Formerly, also, it seems to have been return of his purchase-money, and all reasonable been those in which the mortgagee has been a trustee customary for counsel to compare the title-deeds costs incurred by him in the course of the transac- for sale (Downes v. Glazebrooke, 3 Mer. 200), who with the abstract; but this practice is now disused : tion. (Campbell v. Walker, 5 Ves. 678; see could not of course sell to himself; or where he has a duty of that kind being considered as falling more also Ayliffe v. Murray, 2 Atk. 58; Crowe v. Bal- taken some undue advantage of his situation. (Gub-properly within the province of solicitors than lard, 3 Bro. C. C. 117; 1 Ves. 215.) And upon bins v. Creed, 2 Sch. & Lef. 214; Webb v. Rorke, counsel. In former times, also, it was by no means the whole it seems, that, notwithstanding a trustee | ib. 660; Hicks v. Cooke, 4 Dow. 10, 28). an unfrequent practice to employ counsel to prepare