Mr. Henry James Perry, the Lord Chancellor's secretary.-Globe.

THE UNDER SHRIEVALTY.-Mr. Baylis, of the firm of Baylis and Drewe, of Basinghall-street, has been appointed under-sheriff to Alderman Challis, and Mr. Kennard's under-sheriff will be Mr. Tilleard, of the firm of Tilleard, Sons, and Freeman, Old Jewry.

LEGAL INTELLIGENCE.

RAILWAY LIABILITIES.

TO THE EDITOR OF THE DAILY NEWS.

SIR,-The following copy of the opinion of a Queen's counsel, just taken, on some points arising out of the transactions of a railway company which has withdrawn its bill, will, I am disposed to think, be acceptable to a large body of your readers. The questions are so shaped as to render the statement of the case unnecessary.

A CHANCERY SOLICITOR.

Gray's-inn, June 23. Question 1. Are the original subscribers, who have lately sold their scrip, still liable to unsatisfied creditors?-Answer. They are.- Question 2. Are they liable for such further calls as may be made?-Answer. This depends upon whether the directors and other subscribers have accepted the purchasers in their place, and so released them.-Question 3. Will the Court of Chancery compel the purchasers to indemnify the sellers against their liability to creditors and for calls?-Answer. It will not, unless there were special agreements to that effect.-Question 4. The Joint Stock Company Regulation Act of 7 & 8 Vict. c. 110, s. 26, prohibiting the sale of shares before complete registration, are not sales, the company being only provisionally registered, illegal? If not, are not such sales illegal upon other grounds?-Answer. It has been determined that the above section does not apply to railway companies. The circumstance, therefore, of the company being only provisionally registered is immaterial. The sale of railway scrip does not appear to be illegal, notwithstanding there are some dicta in the books not favourable to such a transaction. But though the sale be not illegal, yet it will be seen from my answers to the other questions that the result of it is different from what probably most original subscribers have anticipated. A sale of railway scrip in the way usual in the city, merely creates the relation of trustee and cestui que trust between the original subscriber and the purchaser, and by no means relieves the former from responsibility as regards other persons. [We omit the signature; but it is that of a distinguished counsel.-ED. D. N.]

A STRANGE PROVISION.-It has lately been decided by the Court of Amsterdam, that the law which obliges the State to provide for the seventh child in any family where the first six are living, is still in vigour in consequence of which the State was condemned to pay to a man named Hoogland 250 florins per annum (211), till his seventh child shall have reached the age of 18, or to provide for it till that time. This sentence was confirmed by the Court Royal of La Hague.

VENTILATION AND DR. REID.-At the Central Criminal Court this week rather a singular scene occurred. The Recorder in the course of the day complained of the great heat in the Court. He said the thermometer stood at 70, and he should be very glad to have a little fresh air. He was informed that, by Dr. Reid's new ventilating process, all the windows of the court were nailed down, so that it was hopeless to expect any supply of fresh air from that quar. ter. In a short time some explosions appeared to take place in the neighbourhood of the court, and the proceedings were interrupted by repeated bang, bang, bangs. The Recorder inquired what the guns were firing for? Mr. Straight said that the reports which had attracted the attention of the Court did not proceed from guns, but were occasioned by some new experiment by Dr. Reid to ventilate the court. Mr. Ballantine said he hoped they should not all be blown up by some of the doctor's experiments. The business then proceeded, and in a little while the explosions ceased, but the court remained as hot as

ever.

METROPOLITAN BUILDINGS ACT.-On Wedne day, the 1st of July, the 53rd section of the Metropolitan Buildings Act (7 & 8 Victoria, c. 84) will take effect. The object of this provision is to improve the sanitary condition of the poor with respect to close, undrained, and unventilated rooms, which are not to be used as dwellings after the 1st proximo. It is declared by the section that from and after the day mentioned it shall not be lawful to let separately to hire as a dwelling any such room or cellar not constructed according to the rules specified in schedule "K," nor to suffer it to be occupied as such, nor to let, hire, occupy, or suffer to be occupied any such room or cellar built underground for any purpose (except for a ware-room or store-room); and that if any per

son wilfully let or suffer to be occupied in manner
aforesaid any underground cellar or room contrary to
the provisions of the Act, then, on conviction thereof
before two justices of the peace, such person shall be
liable to forfeit for every day during which such cellar
or room shall be so occupied a sum not exceeding
20s. and one-half of such penalty shall go to the per-
son who shall sue for the same, and the other half to
the poor of the parish in which such unlawfully oc-
cupied cellar or room shall be situate. In reference
to lowermost rooms, it is provided by the schedule
that if a room or cellar be used as a separate dwell-
ing, the floor must not be below the surface or level
of the ground immediately adjoining thereto, unless
it have an area, fire-place, and window, and unless it
be properly drained, with a window fitted with glazed
sashes to open for ventilation.

EQUITY ARREARS, JUNE 22.-It appears that
the business before four of the Equity Courts, upon
the resumption of the Trinity sittings after Term this
day, is of a comparatively moderate character. Those
causes which have stood over many successive terms
are appeals before the Lord Chancellor, of which
there are, in his lordship's list, 42; this, however, is
under the usual average. The Vice-Chancellor of
England's list, including entries up to Saturday,
shews a total of 116. The number before Vice-Chan-
cellor Knight Bruce is 64; this shews an increase
upon the number usually upon his Honour's register
at the commencement of Term sittings after. Vice-
Chancellor Wigram's list gives a total of 98 causes,
of which number 67 have just been transferred from
the list of the Vice-Chancellor of England, com-
mencing with Ford v. Wastell, and ending with Ogle
v. Hansard. Thus the total is 320.

PROVISIONAL AND MANAGING COMMITTEE

MEN.-A correspondent, whose signature is "L. R."
illustrates with much acuteness the distinction be-
tween these two characters. "No case of provisional
committee- men's liabilities appears to me to have
been correctly stated hitherto, because due regard
has not been paid to the distinction between the du-
ties and the responsibilities of the member of a provi-
sional and the member of a managing committee.
After a company is formed, the managing committee
placed in power, the solicitor and banker appointed,
the functions of the provisional committee cease, the
new one entirely superseding it. The members
of the provisional committee not nominated on
the managing committee have no power, and no
knowledge but what is common to everybody. The
acting or managing committee allot the shares and
conduct themselves towards members of the provi-
sional committee not of their own number exactly as
towards other persons. These provisional commit-
tee-men, by taking shares, only incur the liabilities
of other simple shareholders. Those of them who by
letter decline to take up their shares, cease to have
any connection with the company. To hold a provi-
sional committee-man, who has been denuded, or who
has denuded himself of all power, liable for all the
actions of the managing committee for months and
years, is monstrous. To maintain that a provisional
is a permanent committee is as absurd as to talk of a
permanent preparatory measure.' The power, and
with it the responsibility, of the provisional commit-
tee-man ceases the moment the company is formed."
-Daily News.

sion of Derbyshire, would still continue at Birmingham.

DECREASE OF CRIME.-A gratifying decrease of crime may be noticed during the last year or two in Leicestershire. In May last, there were but fourteen commitments to the castle, and the majority of these cases were minor offences, there being but three of felony. Since the 1st of June, there have been but nine commitments, and of these but four for felony. In January, 1844, at which time the construction of railways opened so wide a field for labour in this and the adjoining counties, there were but fifteen commitments, a number far below any in the corresponding months for ten years. For the sessions next week, there is not even a single case, nor is there at present a female prisoner in the castle. All this tells of an improvement in the labour market, and in the habits and morals of the population.

3. The relative

4. The re

MALT.-Reports to her Majesty's Government, relative to the feeding of cattle with malt. The reports comprise-1. Questions addressed to, and letters in reply from, Dr. Thompson, Dr. Lyon Playfair, and Mr. Graham on the subject. 2. A summary of experiments on the relative value of barley and malt on the milk of cows, used as food. value of grass, barley, malt, molasses, linseed, and bean-meal, when used as food for cows. lative value of barley and malt, when employed in fattening bullocks.-The result of a multitude of experiments, whose details are given, appears to be that malt is considerably inferior to barley, both in the production of milk and in fattening the animal. This conclusion coincides with that drawn from the chemical analysis of the two substances, since barley when malted loses nearly one-fifth of its weight, and contains a less proportion of azote, an element which is indispensable either for the support of the animal, or the production of milk.

CORRESPONDENCE.

CONVEYANCING.

TO THE EDITOR OF THE LAW TIMES.

SIR,-Being concerned for some purchasers of very small pieces of land, for which, as they purchase for accommodation, they have to pay a very high price, I am consequently desirous of rendering the expenses of the conveyances as light as may be. The circumstances of the title render long recitals necessary, and it struck me that Lord Brougham's miniature conveyance would be applicable to the case; but I hesitate to use it, because I am not clear, whether a progressive stamp duty would not be payable, notwithstanding the conveyance, under Lord Brougham's Act, might not contain more than 2,160 words. That Act renders a conveyance under it chargeable with the same stamp duty as if it had been a release founded on a lease for a year; and with the same stamp duty with which such lease for a year would have been chargeable. Therefore, as the lease for a year is abolished, and the stamp duty retained, it strikes me that the stamp duty was meant to be retained also on the long forms of column two, though the short forms of column one only are actually inserted in the conveyance. Perhaps some of your readers will enlighten me on this point.

FRIENDLY SOCIETIES BILL.-The amendments Is our Law Institution defunct? The Society for made by the Lords in this bill, as sent up by the the Amendment of the Law are active, and seem House of Commons and now returned, have since been determined to deal out reform with no sparing hand; printed. Four additional clauses have been added by but I hear of no corresponding activity on the part their lordships, and various amendments made in the of any of our law societies. All professional men, clauses which appeared in the bill as it passed the I believe, concur in the opinion that reform is reHouse of Commons. The bill has been completely quisite, and all I think are ready to assist in prochanged since its introduction to the House of Com-moting sound and judicious measures to effect that mons. It was altered in committee, again altered, and altered by the House of Lords. The substance of the new clauses is to enable members to withdraw from societies on written notice; to require returns from societies to the registrars; and to adopt the forms set forth in the bill. The new measure is to be construed with and as part of the Friendly Societies Acts of the 10th George IV. and of the 5th William IV.

object; but the public should not be permitted to impute our acquiescence to drowsiness or inability to protect our own interests. The curtailment of our profits by conveyancing reform is a fair ground upon which to claim a curtailment of our expenses, by a repeal of the certificate duty; and in order to protect what conveyancing practice may be left to us, from the inroads of unprofessional dabblers in that science, we may fairly ask for some A Memorial to the Lord Chancellor is in the legislative enactment. Such, for instance, as course of signature at Nottingham, praying that a rendering it essential that every conveyancer new district, to be called the Birmingham East dis- should either be a member of one of the inns of court, trict, might be formed, comprising the town of Not- or have served five years under articles, and be adtingham, the city of Lincoln, and the counties of mitted to one of the courts, having been previously Nottingham, Leicester, and Lincoln, for which new examined; and it would be a great protection, if it district one of the Commissioners of the Court of was enacted, that every practitioner should affix to Bankruptcy, now held at Birmingham, could hold every conveyance which he prepared a seal (similar the Court at Nottingham, as the centre of such dis- to that used for notarial purposes), and himself sign trict. The number of bankruptcies which have oc- a certificate on the conveyance, that it was prepared curred in the said counties of Nottingham, Leicester, by himself, or some other duly qualified practitioner; and Lincoln, since November, 1842, up to the 1st of rendering any party imitating such seal, or illegally April, 1846, are 101, being forty-three from Notting- using any, subject to an indictment for forgery, and ham, and twenty-four from Leicestershire, and fifty- subjecting to a heavy penalty any practitioner who four from Lincolnshire; and during the same period should permit an unqualified person to use his seal, also about 80 insolvent cases from the said counties or append his name to any conveyance; or who should and towns; and by the above alteration, the cases himself attach his seal or certificate to any conveyfrom such three counties would be heard at Notting-ance prepared by an unqualified person. ham; and the five counties of Warwick, Worcester, I am, Sir, &c. Hereford, Salop, and Stafford, and the southern divi- June 22, 1846.

AN OLD SUBSCRIBER.

RAILWAY LITIGATION.

TO THE EDITOR OF THE LAW TIMES.

154.

155.

156.

157.

158.

159.

late of the town of Nassau, in the island of New Providence (died 4th July, 1802).

CERTIFICATE of the BURIAL of JOHN Dugne Lez

NAULT, esq. formerly of Grosvenor-street, Grosvenorsquare, died between the years 1766 and 1806.

tleman (died 5th Dec. 1833).

NEXT OF KIN of EDWARD PLEWS, late of Derby, gen-
NEXT OF KIN of MARGARET THOMPSON, widow of
CHILDREN of WILLIAM HERITAGE, and ANN his
George Thompson, late of Albany-street, New-road,
Middlesex, gentleman (died 14th April, 1834).
wife, MARK LORYMAN, and MARY his wife, JOHN
SCOTT, and JANE his wife, and JAMES IRVING, and
NANCY his wife, or their representatives. Legatees
under will of WILLIAM IRVING, late of Coppice-row,
Clerkenwell, Middlesex, gentleman.

NEXT OF KIN OF ELIZABETH HUMPAGE, late of the
city of Bristol (died 25th Sept. 1832), or their repre-

sentatives.

is the fact; and also eminent in his profession. He resides in a most respectable town in Yorkshire, and SIR,-I quite concur in the feeling of disapproba- enjoys an extensive practice, and should, therefore, know something of the expenses attending conveytion which you express in respect to the course pursued by some of the Profession of suing out ancing. I can well see the object of his having been called on to give evidence, as he is, or was, solicitor separate writs against numerous parties for the same to the Great Yorkshire Agricultural Protection" debt, but I entertain some doubt as to the propriety of Society. But I consider Mr. B. is too good "a the plan which you recommend the defendants to friend" to the profession to do any thing to injure his adopt. In the case you put of all the forty actions pro-was mainly directed to obtain a revision of the stamp "less successful" competitors, and that his evidence ceeding pari passu, and all being set down for trial, duties on conveyances and mortgages, &c. which he it is true they could not all be heard at the same knows, as well as any one, tend so much to injure instant, and no doubt, as soon as judgment was the best branch of business of the country solicitor. obtained in one action, that judgment might be pleaded in bar to such of the other actions as might I am sorry I cannot concur with another contribube then pending; but I apprehend the plaintiffs, tor, "Puck," in his remarks that the Law Instimerely obtaining a verdict in one action, would afford tution is the proper body to stand forward to protect the defendants no ground of defence to the others: the interest of our branch of the profession. I really and if the cause were tried in town at the sittings am at a loss to discover of what utility that body has after Term, or in the country at the Assizes, the been to the Profession, beyond its periodical examina- 160. FIRST COUSINS or COUSINS GERMAN to JOHN CARplaintiff, although he obtained a verdict, could not tion of articled clerks; but to expect from the Law have judgment until the 5th day of the ensuing Term, Institution the preparation of a scale of charges in and he might delay the signing his judgment to even conveyancing that would be allowed, or submitted to, a later period, whilst, in the meantime, all the other both in town and country, is quite hopeless! It is actions might be tried and verdicts for the plaintiff your high "fixed" scale, which obtains in London obtained; and, after verdicts, I conceive the defend- and other large towns, that causes all the noise and ants could not avail themselves of any judgment hubbub against the Profession; and yet a new pracwhich might be obtained against any other defendant. titioner cannot depart from it without great risk of I would submit, therefore, that instead of pleading, losing caste amongst the most respectable of his one of the defendants should suffer judgment by de- brethren; and if he urges to his clients that his fault, when such judgment might, I apprehend (at charges are according to the fixed legal scale, as least if the action were brought in debt, as I believe allowed on taxation, he would soon find his clients the majority of them are) be pleaded in bar to the go to others who had a more easy sliding scale of I am, Sir, &c.

other actions.

Wolverhampton, June 25, 1846.

WM. THORNE.

TO THE EDITOR OF THE LAW TIMES.

their own.

In short, it is come to this, that as the solicitor is liable for negligence in the conduct of his business, and the client has a remedy also by taxation, why not let each solicitor charge according to his own notion of the trouble and anxiety attending the business done (that is, within the present well-understood SIR,-Great complaints, it appears, still continue scale of charges); in other words, if A chooses to to be made on the subject of the unequal distribution rest satisfied with 3s. 4d. where B would probably of business amongst the three courts of Common charge 6s. 8d. why should the latter, or bis brethren Law. To the threatened plan of throwing open the of older standing, complain? Let this be done; let Court of Common Pleas, by Parliamentary interfer- the certificate duty be repealed, and some enactment ence, as one of the means of lessening the amount of passed, that none but duly admitted and practising the evil, you have already urged, as a strong objec- solicitors should prepare deeds and other legal docu. tion, that such a course would increase another ex-ments, and you would then not have such an inflicisting evil; viz. the difficulty at present experienced of securing the attendance of leading counsel, who would then have three instead of two courts to attend to. Might not the amount of business in the courts be nearly equalised, and the danger of entrusting a case to junior counsel, at the same time, be diminished, by some such plan as the following?

In all cases (where the courts have concurrent jurisdiction), in which the venue is intended to be laid in London or Middlesex, if the plaintiff's (or first plaintiff's) name begins with any letter from A to K, let the action be brought in the Common Pleas; if with any letter from L to Z, in the Exchequer; and with respect to country causes, let certain circuits be appropriated to each of the three courts. By this means, something like an equality of business might be attained; and by giving none of the London or Middlesex causes to the Queen's Bench, that court would be able to get through its own peculiar busi

ness.

No difficulty, I apprehend, would attend the adop. tion of such a plan as this, except, perhaps, in cases of change of venue. Some arrangement, however, might be made to meet this: for instance, it might be ordered by rule of all the courts, or by Act of Parliament, if necessary, that the cause shall remain in the court out of which the writ of summons issued, until after issue joined, and afterwards be transferred to the court to which it would have originally belonged, had the venue been in the first instance laid in the county to which it shall have been ultimately changed. I am, Sir, &c. FRA. BRAITHWAITE. Truro, June 22, 1846.

heirs-at-Law, Next of Kin, &c. Wanted.
[This is part of a complete list now being extracted for the

LAW TIMES from the advertisements that have appeared
in the newspapers during the present century. The re-
ference, with the date and place of each advertisement,
cannot be stated here without subjecting the paragraph
to duty. But the figures refer to a corresponding entry
in a book kept at the LAW TIMES OFFICE, where these
particulars are preserved, and which will be communicated
to any applicant. To prevent impertinent curiosity, a
fee of half-a-crown for each inquiry must be paid to the
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inclosed.]

146. CHARLES KNIGHT, formerly of Godalming, Surrey, who
is supposed to have served on board her Majesty's ship
Glendower, and who has not been heard of for 24 years.
Property belonging to him.

147. The CHILDREN, SONS and DAUGHTERS, of the BRO-
THERS and SISTERS of Mrs. ANN TURNER, late of
Dawsley, county of Northampton, widow (died Jan.
1835), except Charles Mead and Frances Baker. Lega-
tees of said Ann Turner.

SELECTIONS FROM CORRESPONDENCE.
EBOR replies to two queries in our last.
First, as to "Small Agency Charges."-If your 148.
Preston correspondent could ascertain (which he
soon may) if the large town in Yorkshire rejoices"

150.

151.

in a local court for the recovery of small debts, which
most of the large towns do; then, I think, he cannot 149.
have much difficulty in obtaining payment of his
agency account. I say nothing of the expense attend.
ing it. But, there is quite as much cause of com-
plaint by country Solicitors against their correspon-
dents (casual, I mean) in London, and other large
towns, of non-payment, or most dreadfully long
"deferred" payment of such country agent's charges
for service of writs and other proceedings; and I feel
sorry to have to add, that the charge attaches as
much to the "great" as the smaller offices.

Then as to Reforms in Conveyancing."-Many of your readers appear quite astounded at reading the extracts of evidence given by Mr. Baxter before the Lords' Committee on "Land Burdens," and can. not believe that gentleman is a solicitor. But such

152.

NEXT OF KIN of JANE CAMPION, formerly of Lisbon, Portugal, afterwards of 8, Bryanstone-square, and late of Woburn-place, Russell-square, Middlesex, spinster (died 27th Nov. 1834).

TER, heretofore of Busby, county of York, and late of Forth Moor, in the parish of Houghton-le-Skerne, county of Durham, farmer (son of Robinson Carter, Heretofore of Yarm, county of York), and late of Busby, aforesaid, farmer, deceased, and nephew of John Carter, late of Yarm, aforesaid, solicitor, also deceased (died 12th March, 1835).

(To be continued weekly.)

To Readers and Correspondents.

We cannot insert, or notice in any way, any communication
that is sent to us anonymously; but those who choose to
address us in confidence will find their confidence re-
spected. NEITHER CAN WE UNDERTAKE TO
RETURN ANY MANUSCRIPTS WHATEVER.
G. P. W. (Gloucester.)-The advertisement sent has been
already published.

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SCALE OF CHARGES FOR ADVERTISEMENTS.
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Lo 5 0

For every additional Ten Words. 0 0 6 Advertisements from the Country should be accompanied with an order upon the Agent in Town, or a Post-office

JOHN BRINSDEN, formerly of Chippenham, Wilts, after-order (payable at 180 Strand) for the amount.

wards of Frome, Somerset, since of 18, Angel-alley, N. B.-For Scale for Estate Advertisements, see JOURNAL. Little Moorfields, London, or his WIDOW or ISSUE. OF PROPERTY.

Legacy under the will of Mr. John Mortimer, late of
Wootton Bassett, gent.

NEXT OF KIN of THOMAS BROWN, late of Sundon,
county of Bedford, farmer (died April 1821), or their
representatives.

HEIR AT LAW of THOMAS SMITH, late of the parish of
Berkswell, near Coventry (died 31st May, 1831).
NEXT OF KIN of CATHERINE STONE, Spinster, for-
merly of Woburn-place, Russell-square, Middlesex,
now of Normand-house, Fulham, of unsound mind.
She was one of the children of Robert Stone, and De-
borah, his wife, formerly Deborah Hicks, and was born
in the year 1765.
WILL of ROBERT CHALK, late of Linton, Cambridge,
gentleman (died 19th Nov. 1834). Deceased was in
London, in May 1833, at which time the will is pre-

sumed to have been drawn by some professional man

there, and taken into the country to be executed.

THE LAW TIMES.

SATURDAY, JUNE 27, 1846.

LOCAL COURTS.

ANOTHER Bill for the establishment of Local Courts is before Parliament. It is not likely to be more successful than its prede

153. CHILDREN of REYNOLD GARNER, JONATHAN GAR- Cessors. Introduced at the close of a Session,

occasion. A paid chairman and a jurisdic-interests. The lord demands too much, the
tion enlarged to all actions under 207. unless a tenant offers too little. There is no chance of
judge in chambers shall otherwise appoint, on the enfranchisement of the copyholds by vo-
application by either party shewing good rea- luntary settlements for as many centuries to
son for a hearing by a higher tribunal, would come as they have already existed. The man-
give to the public all the benefits, without any ner in which the system is working will be best
of the evils, of the proposed Local Courts. To exhibited by an instance that has fallen within
make them still more efficient, they might be our personal knowledge.
empowered to hold intermediate sessions in
different parts of the county. An appeal might
be allowed to the superior courts.

There are many other functions which wellregulated Courts of Quarter Sessions might discharge, and which will readily suggest themselves to the reader.

The Manor of Taunton Dean, in Somerset, is a copyhold of inheritance. The fines and heriots are fixed and very trifling. The actual value of the fee is little more than nominal. But the lord demands for it most exorbitant prices. Thus he lately required 150%. for the fee of a small plot of ground of which the fine did not exceed 10s. per annum,—that is, about sixteen times its actual value !!

Probably our readers could produce instances of demands equally extortionate in other manors, and we should be obliged by information upon the subject, for the time is come when the compulsory emancipation of copyholds must be urged upon the legislature. A fair trial has been given to the voluntary system. It has failed utterly. The understanding was, that if it did not succeed a more stringent measure should be adopted. We need not say that to the Profession the subject is one of great moment. The emancipation of copyholds would throw among the Profession generally a vast amount of business now confined to a few stewards. It is, therefore, worth an effort, and it is another proof of the want of some organization by which the concerns of the Profession might be cared for and their influence centred on one point. Here, too, the We trust that before the Local Courts Bill Law Amendment Society might render worthy shall, in another session, be urged forward service. The enfranchisement of copyholds is with serious intent to pass it into a law, the a subject that should receive their early conProfession will feel the necessity of a little more sideration,-it is more practical and more union and energy in self-defence than they have urgent than many of those we see upon their hitherto exhibited, and that they will exert books. their great influence, not in a mere dogged opposition to any change, but to procure such alterations only as will really prove beneficial. WE have reported all the most interesting And we trust that this subject of Local Courts cases of the past week growing out of the especially will engage the attention of the railway litigation. It will be seen that the deciSociety for the Amendment of the Law, with sions are of very great importance, and further purpose to ascertain whether the modification elucidate the yet unsettled law on these matters. of the Quarter Sessions Courts, somewhat after We have also received some communications the manner we have ventured to suggest, from correspondents, which shall have an early would not be more efficient than the establish- place. We defer until next week a reply to ment of the new Courts contemplated by the their objections, and the further commentaries various measures hitherto framed. If the So- upon the points at issue in the present railway ciety will take up the question earnestly, and litigation, which have been called for by the look at it practically, we are confident they new decisions of the present week. would come to that conclusion, and what they recommend will, without difficulty, be adopted by any government, only too happy to be relieved from the task of Law Reform by a body in whom they have confidence, as not only willing to work, but peculiarly competent.

assign a motive for the movement, unless it is
an excuse for staying the progress of the
numerous Small Debts Bills that were march-
ing through the Legislature. If this were
indeed its purpose, it is one much to be com-
mended, though the machinery be somewhat
ponderous for so insignificant an object. We
look upon the system of private speculation in
Courts of Justice as an unmitigated mischief.
A few individuals, having an eye to offices in Nor would the services of the revivified
it, get up a Local Court, and obtain the sanc- Courts of Quarter Sessions end here. A great
tion of Parliament to a measure vesting in saving of expense might be made by adopting
the Irish mode of registration, and devoting
them the powers and prerogatives of a Court of
one day in each sessions to the registration,
Justice-often extending to jurisdiction over the paid chairman performing the duties of re-
the liberties, always over the properties, of the vising-barrister, and admitting new claimants,
people. Verily it justifies the character given or hearing objections to those already regis-
tered. A plan might be readily devised for
to us by foreigners of being in all things a
securing fairness in both, by requiring the
trading people. We have proprietary churches claim or notice of objection to be lodged at the
-proprietary schools-and last, most strange sessions preceding the hearing, so that all
of all, speculative Courts of Justice! Un-parties interested may have ample time to pre-
doubtedly, if there be need of more tribunals, pare, and the safeguard of costs might, as now,
they should be established systematically, by be thrown around both claimants and objectors.
the State, under the control of the State, and Thus would be swept away all the costly ma-
their proceedings regulated by the State; and, chinery of the annual registration, for the regis-
so far as the new Local Courts Bill is intended ter would be always in process of formation.
to be a substitute for the many projected A man having once established his claim,
private Courts, it is a timely and necessary would remain there until formally objected to
measure. We do not now, and never have and, after a hearing, expunged.
we denied that greater facilities are required
for the recovery of small debts and the
settlement of small disputes. We have al-
ways advocated more speedy trial and less costs.
We have contended that, so far as it is possible,
justice should, to use the favourite phrase,
be brought home to men's doors, and that
they should not be compelled to take long
journeys to seek it. But while cordially con-
curring in the principle, and anxious to see it
carried into practice, we have been obliged to
oppose every measure yet produced with the
proclaimed purpose of putting these princi-
ples into operation. And wherefore? Be-
cause they failed to accomplish their design.
Because they were not wisely adapted to their
end. Because they were manifestly framed
by men of the study, not by men of the world.
Because practical experience had not presided
at the councils of their authors, and we were
assured that they would produce vastly more
of mischief than they would remove. Nor
does the present measure better recommend
itself to the practical judgment than either of
its predecessors. We have not been able, as
yet, to do more than glance at it hastily; but
the radical defects of all the other projects are
apparent in this new one. It extends the ju-
risdiction of the Local Courts to the sum of
207., a sum too great to be intrusted to such a
tribunal. To law-makers, 201. may appear
insignificant; but to the class of suitors by
whom the courts will be frequented, the result
of a wrong judgment would be ruinous.
When it is remembered, that the measure aims
at excluding altogether the interference of pro-
fessional men, by making the fees so trifling
that no respectable attorney could sell his time
and education so cheaply; that parties will have
to conduct their own cases there, amid the ENFRANCHISEMENT OF COPYHOLDS.
proverbial disadvantages of being their own
clients. When to these are added the further
evil resulting from the brood of harpies, in the
shape of sham lawyers, sure to be engendered
by cheap courts from which real lawyers are
excluded; and the tricks to which the unpro-
tected suitor will be exposed from his unscru-
pulous opponents, the sum of 201. is much too
large to be subjected to such a jurisdiction.

RAILWAY LITIGATION.

BIRTHS, MARRIAGES, AND DEATHS.

[The charge for the insertion of the above is 58.] BIRTHS.

TEMPLE.-On the 24th inst. at 30, Berners-street, Russell-
RING.On the 23rd inst. the lady of Charles Ring, esq. of

Doctors' commons and Mitcham, of a daughter.

square, the wife of Stephen Temple, esq. barrister-at-law, of a daughter.

into the next Parliament the Lawyers will take
It is to be earnestly hoped, moreover, that
care to put a representative of their own, to
speak their opinions and protect their interests.
They require such a champion, at least as SMYTH, Luke Dowell, M.D. of Bingham, Nottinghamshire,
much as the surgeons.

WHEN the Act for the Enfranchisement of Copyholds was passing through the Parliament, it was loudly trumpeted as a great boon to the public, and certain to effect, in a very few years, the entire removal of those remnants of feudality-the copyholds. At first it was proposed to make enfranchisement, at a fair value, compulsory upon the lords; but ultimately it was resolved to give fair trial to an amicable arrangement in the first instance, with an understanding that what was refused to grace should be forced by legislative interference.

Över and over again we have said, and we repeat it now, that the only practically efficient method of complying with the demand for cheap and speedy justice is the remodelling of the existing Courts of Quar- Some years have now elapsed, and the copyter Sessions. There is the machinery al- holds voluntarily enfranchised are extremely ready provided, and which, at a very trifling few. As was the case with the tithes, opposing cost, may be adapted to all the exigencies of the parties cannot agree as to the value of their

MARRIAGE.

to Emma Elizabeth, eldest daughter of Thomas Weatherly Marriott, esq. of Sunbury, Middlesex, one of her Majesty's justices of the peace for the said county, on the 18th inst. at Sunbury.

New Books. The Equitable Jurisdiction of the Court of Chancery; comprising its rise, progress, and final establishment, &c. By GEORGE SPENCE, Esq. one of her Majesty's Counsel. In 2 vols. Vol. the First. London, 1846. Stevens and Norton. THIS work has a far wider interest than most of those that invite the attention of a legal periodical. It is something more than a mere Law Book. It aspires to the character of History. Every lawyer who deserves the name must read it, and every man

who desires an insight into the rise and progress of our social and political fabric ought to do so. The object proposed by Mr. SPENCE is no less an one than "to trace the outlines of the history of the Laws of England, so far as they relate to property." In pursuance of this design, it has been his purpose to explain how those laws came to be administered by distinct tribunals, the Courts of Common Law and the Court of Chancery, and to point out the boundary lines between their respective jurisdictions. In order to this, Mr. SPENCE has gone back to the earliest authentic records of a defined civil jurisprudence, which followed the introduction of Roman laws and institutions. He has then reviewed the laws established by the Anglo-Saxons and Danes, "endeavouring," he says, "to interpret those codes by reference to the state of society at the time, and to the existing customs disclosed" by the various documents he had examined. He has further attempted to ascertain "how much of those laws and customs may be considered as original or indigenous, or of native invention, how much as the result! of imitation or adoption."

The Feudal System, its origin, rise and progress, are next reviewed, and with great learning and research it is shewn how far that system prevailed in England down to the period of the Conquest. Mr. SPENCE differs in his views from most of his predecessors, but he advances no opinions without adducing his authorities, and the suggestions of an original thinker will form a valuable contribution to the mass of information from which the truth is to be ultimately evolved.

The second part of the work commences with the Conquest, and the author has endeavoured to present the real nature of that event, and its actual effect upon the pre-existing laws and constitution of England. He next traces the rise and establishment of the common law, pointing out its sources, and concluding with an account of its leading principles, and of its system of judicial procedure with reference to the rights of property.

We have been unwilling longer to delay a notice of this volume, and so we introduce it to our readers thus briefly during the press of the Term reports. But we do not purpose thus to dismiss it. As soon as the business of the courts is somewhat relaxed and space permits, it is our intention to return to it, and, with a few more commentaries upon the contents, to present some extracts that will illustrate the remarks we have now made, and also yield some useful information to our readers.

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. 273.)

6. Attendant terms.

Where a term has been assigned to attend the inheritance, the deed or other assurance by which the term was created should be fully abstracted, but the mesne assignments may be abstracted very shortly. (1 Prest. Abs. 25.)

7. Copyhold assurances.

at the foot of the will, stating the court in which it
was proved, and by whom; as also the day of the
month and year in which such probate was obtained.
If the will is registered in consequence of the de-
vised lands lying within a register county, the fact
of registration should be stated. (1 Prest. Abs.
182, 185.)
9. Fines and Recoveries.

In the case of fines and recoveries, the practice is to set out in the outer margin the term and reign of the king or queen for the time being in which they were levied or suffered, and not the day of the month and year in which those assurances were made: "as Hilary Term, 40 Geo. 3." In the case of a fine, the abstract should specify what particular species of fine it was; as sur cognizance de droit come ceo, &c. sur concesset, &c.; and should also contain the names of the parties, viz. the conusor, conusees, as also the parcels as set out in the fine, with their local situation. In the exemplication of a recovery, the names of the demandant, tenant, and vouchers, in the course and order in which the parties were respectively vouched; as also all the parcels with their local description, as well as the time at which the writ of seisin was returnable, and seisin

delivered, should be all stated.

10. Commission or fiat in bankruptcy. In the case of a commission or fiat in bankruptcy In titles relating to copyhold estates, in addition prior to the statute of the 1 & 2 Wm. 4, c. 56, it is to the deed declaring the uses, the date of the sur-requisite to abstract the commission commencing renders and admittances, by whom made, and to with the date, which should be inserted in the usual whom, should be set forth; such being, in sub- manner in the outer margin, then stating the comstance, the actual mode by which property of that mission or fiat, and the names of the commissioners, description is conveyed from one party to another. with the clause of quorum, in order that it may be Any particular manorial customs that may affect seen whether the commissioners have duly exercised the property should also be mentioned, as also the their authority, and, of course, the deed of bargain admittance of the customary heir as such; and and sale of the commissioners. (1 Prest. Abs. 167.) where any estate tail has been barred, the mode in But the property of bankrupts, since the passing of which it has been done should be stated, in order the Act above alluded to, vests in the assignees, that it may be seen that the customary requisites which the recital of the trading and act of bankwithout any other conveyance in the abstracting and formalities have been duly complied with, and The rise, progress, and final establishment of the any agreements or other transaction than can in any ruptcy, as also the appointment of the assignees, modern equitable jurisdiction of the Court of Chan-way affect the equitable title, should also be shewn. should be set out rather fully; unless where the cery is next examined, and the author points out (1 Prest. Abs. 204.) In case the property has been bankrupt himself concurred in the conveyance, who, the reasons which gave occasion for the establish- devised by will, it should be so stated, whether there in that case, would be estopped from disputing either ment of a court having a distinct jurisdiction from was any surrender to the use of such will. Such of the above facts. that of the Courts of Common Law, the nature and a surrender is not, however, now necessary to give extent of the powers of that court, and the prin- validity to a will of copyhold property made subseciples upon which its jurisdiction was originally quent to the year 1815. (Stat. 55 Geo. 3, c. founded, and detailing the divisions into which 192.) But that statute, it must be observed, is only that jurisdiction ultimately settled down, and so to prospective. exhibit the leading features and principles of the modern jurisdiction of the Court of Chancery.

8. Wills.

11. Insolvency.

Where the title is traced through an insolvent, if the proceedings be prior to the statute 1 & 2 Vict. c. 110, the time of presenting and filing of the petition by the insolvent, the conveyance and assignment to the provisional assignee, and the conveyance and assignment by such provisional assignee to the creditor's assignee, must be set out in the abstract; and these assurances, which are filed of record in the court, must be authenticated by a copy of such record made upon parchment under the seal of such court. (Stat. 7 Geo, 4, c. 57, ss. 11, 19.) If the proceedings are subsequent to the above-mentioned statute of the 1 & 2 Vict. c. 110, then the order made under such last-mentioned Act duly entered of record of the petition of the insolvent, or upon the petition of an execution creditor, vesting the estate and effects of the insolvent in the provisional assignee, and likewise the order appointing the creditor's assignee, must be set out in the abstract; and must be verified by such certified copy written out upon parchment under the seal of the Court (ss. 42, 45, 46). And where any conveyance of an insolvent would require to be registered, in that

The date of the will itself, and not the time at Such, as described by Mr. SPENCE in his pre- which it is proved, is what should be set opposite to face, is the bold and extensive design of this work, the commencement of will in the outer margin of the of which the first volume is now submitted to the abstract. A will should be abstracted more fully Profession. And the execution is altogether worthy than a deed, and, generally speaking, every charge of that design. Vast industry has been bestowed affecting the abstracted premises should be inserted. upon the collection of the materials, sound judg- Yet, where the property is devised upon trust to pay ment has been exercised in the selection of the debts and legacies, it will not be absolutely necessary valuable from the worthless, and the skill of an to set out and specify the legacies; because, where accomplished writer has been exhibited in the man- real estate is devised for purposes of this kind, the ner of presenting them to the reader. Although purchaser is not bound to see that the legacies are extremely learned, Mr. SPENCE's pages are never paid; nor is he, in fact, in any way responsible as dull or dry. They have none of the repulsiveness to the manner in which his purchase-money may be of legal lore, but by the author's happy manner of applied; and the like rule holds also with respect expressing himself in plain English, where words to real property devised to be sold for the payment could be found, and avoiding technicalities save of debts (Humble v. Bill, 1 Ex. Ca. Abr. 345; where no equivalent was to be had, he has contrived Smith v. Guyon, 1 Bro. C. C. 186; Williamto make of a seemingly unattractive subject a book son v. Curtis, 3 ib. 96; Barker v. Duke of that not only abounds in information, but which Devonshire, 3 Mer. 310; 3 Prest. Abs. 360) case, as the certified copy should be registered in will be read for amusement, and not by lawyers unless such debts are specified and scheduled; the same manner as an ordinary conveyance, the alone, but by all students of English history. but if scheduled, or if even specifically ment- fact of registration should be mentioned in the Our quarterly friend, the Law Magazine, will ioned in the will, the purchaser will be respon- abstract. doubtless make this volume the subject of a long sible for the application of the purchase-money, and and interesting paper. The weekly journalist, with must see that it is applied in liquidation of those his more restricted space and more numerous and charges unless the will contains an express clause urgent claims upon it, is compelled to be more brief exonerating purchasers from all responsibility with than the intrinsic merits of such a publication as respect to the application of such purchase-money this may seem to deserve. But we regret the less (3 Prest. Abs. 360; Page v. Adams, Rolls, July that we are unable to review it more fully, because 30, 1841, 10 Law J., N. S. 107). But the latter it is a work which every lawyer will place upon his rule will not apply to leasehold estates sold by shelves, not for reference only, but to be read and executors in that character, they being by law instudied from the beginning to the end. To the law trusted with a power of converting the personal student especially must it be commended as the estate of their testator into money for the purpose best introduction to the history of the law yet of paying his debts, the application of which a puroffered him. It should be read immediately after chaser has no right whatever to interfere with; con"Blackstone," and before he enters upon books of sequently from the actual necessity, and in common practice; for when he has learned the origin of the justice, he is exonerated from seeing how it is laid courts, of their jurisdiction, and of their forms of out, beyond the liquidation of those charges upon procedure, he will find them more readily committed the property which are independent of the will, as to memory, and will see good reasons for many mortgages, or other charges thereon, anterior to things which otherwise might appear to him mean- such will. (Butl. note to 1 Ins. 290; 3 Prest. Abs. ingless and absurd. 259,260.) The fact of probate should be set out }

If the proceedings are under the Act 5 & 6 Vict. c. 116, which authorizes the Court of Bankruptcy to administer relief to insolvent debtors at large, the abstract should set out the insolvent's petition for protection from process, the nomination by the commissioner of the official assignee, and then the final order made by the commissioner for the protection of the person of the insolvent from all process, and for the vesting of his estate and effects in the official and creditor's assignee. And as this act requires a meeting of the creditors to be called before the assignee can sell the real estate, the fact of the meeting having been held, and the resolution of the creditors approving and directing the sale, should perhaps properly appear on the abstract. (Sidebotham v. Barrington, 4 Beav. 110; Wright v. Maunder, ib. 512.)

12. Acts of Parliament. Where there is any private Act of Parliament