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originated; and, upon such resolution being filed, the proceedings shall be forthwith transferred by the registrar in accordance therewith. In considering the effect of this rule, the LORDS JUSTICES have decided that the resolution passed by creditors must not only contain the expressed determination of the creditors that the proceedings shall be transferred, but a direction that they shall so be transferred And it is the registrar's business to see that any such resolution is in every respect complete; and if it be not so, he may absolutely refuse to act upon it. Having satisfied himself that it is complete, the registrar is then bound to act upon it at once, and transfer the proceedings. A somewhat extraordinary contention was put forward in the case which has suggested these observations namely, that the verification of any resolution should be left to the court to which the proceedings are transferred. That, however, was promptly disposed of by the LORDS JUSTICES. A second consideration is, what is the meaning of the word "filed?" "If necessary," said Lord Justice JAMES, "I should read the word 'filed' as meaning 'registered.' Consequently, a resolution to transfer proceedings must be authenticated in the same way as any other resolution would require to be authenticated with respect to either bankruptcy or liquidation by arrangement. Lord Justice MELLISH expressed some doubts as to the interpretation put upon the rule by the LORD JUSTICE, but did not dissent.

IT occurs to us as somewhat ridiculous that we should go on having congresses and meetings of associations year after year for the discussion of threadbare subjects. The opinion doubtless prevails among agitators, that the Legislature will never do anything which it is not talked into doing, but cumulative speechifying is a process which should not be resorted to save on an emergency. This, however, is not the general opinion, for the National Association for the Promotion of Social Science has just opened its sixteenth congress (annual); and in the department of jurisprudence and the amendment of the law, presided over by the ATTORNEY-GENERAL, we find the following new and interesting questions set down for discussion:-Municipal Law Section.-1. Is it desirable that defendants in criminal proceedings, and their wives or husbands, should be competent or compellable to give evidence in their own behalf, and if so, in what cases? 2. Can a court of international arbitration be formed with a view to avoid war, and, if so, in what way? 3. Ought railway companies and other carriers of passengers to be liable to an unlimited extent for the acts of their servants? Repression of Crime Section.-1. Is it desirable to adopt the principle of cumulative punishment? 2. What ought to be the primary aim of punishment-to deter, or to reform? 3. Is it desirable that industrial day-schools should be established? Can anything new be said upon any one of these six questions? The first in the municipal law section offers some scope for an argument; the second presents a problem which is insoluble; the third raises a question which Mr. BROWN, Q.C., and others have written and spoken upon ad nauseam. The Repression of Crime Section offers little or nothing which was not dished up far more attractively at the International Congress lately held in the Middle Temple Hall. Consequently we can only arrive at the conclusion that the Social Science Association might very well have omitted the legal department from its programme.

In this country the proceedings most in favour with shareholders of companies who conceive that they have been deceived by a fraudulent prospectus are those which bring the directors before a criminal tribunal. As a change it may be suggested that on the next occasion an action for conspiracy and deceit should be tried. The experiment has been made recently in Australia, an action being brought against three directors of the Australian Pastoral Investment Company, for having conspired to procure the secretary falsely and fraudulently to pretend and represent to the plaintiffs certain matters which were untrue. The gist of the whole grievance was that the secretary, with the knowledge of the defendants, had written a letter stating that certain wool was subject to one lien only instead of two. On behalf of the defendants it was contended that whatever or to what extent soever they might be responsible individually in another form of action for having fraudulently suppressed material information which they might have been under a legal obligation to impart to the plaintiffs, their liability here arose (if at all) solely from the conspiracy charged that there was no evidence of that, and none of combined procurement of the secretary to make the fraudulent misrepresentation. On the part of the plaintiffs it was submitted that, although such an action as this could not be brought, and although an action of deceit would not lie, against the company, which as an abstract being could not conspire, nor make representations, true or false, nor do anything except through its managers, and although an action of deceit might be brought against one or more of the defendants, still, when, instead of seeking to set aside a contract entered into under a fraudulent misrepresentation, the plaintiffs elect to bring an action to recover damages for the deceit, such an action as this can be maintained only against the directors person

ally, and all that it is necessary to establish is that the case is brought within the general rule which renders one individual principal, or more than one, liable in an action for deceit the additional proof of conspiracy follows thereupon. This is an extract from Justice BARRY'S judgment, and is not particularly clear, but in delivering an opinion upon these contentions, the court do not say that an action of deceit alone could not have been maintained against the directors individually, and upheld a verdict in favour of the plaintiffs, on the simple ground that there was evidence that the defendants had agreed to procure the false representations to be made, and that they were made on their behalf and for their benefit. The act of the secretary was distinctly held to be one for which the directors as his masters were responsible.

AN important point is about to be raised in the courts as to the legal right of a railway company to sell land for building upor, originally obtained possession of for the purposes of their undertaking, but which the company afterwards found was not necessary for their own works. It appears that when the London, Chatham, and Dover Railway was constructed, the company were em powered by their Act to purchase and enter into possession of, amongst other properties, a quantity of land formerly known as Cumberland-street, and situated at the corner of Green-walk and Southwark-street, adjoining the Blackfriars Station. During the progress of the company's works it was found that this land was not wanted for the purposes of the railway, and, after remaining for some years in their hands, it has recently been sold by the company to private parties for building upon. The St. Saviour's Board of Works, in whose district the land is situated, maintain that the company had no right to sell and make a profit of the land in the manner they have done, and the Board have determined to take proceedings against the company to recover compensation for the alleged illegal sale of the land. Counsels' opinion, including that of the ATTORNEY-GENERAL, Mr. RAYMOND, and Mr. SPEED, has been taken on the subject, and is decidedly adverse to the railway company. The last-named gentleman, who was first consulted, states that the Legislature never intended that land so acquired should be made use of as a source of profit other than the purposes for which it was intended, and that this intention not having been carried out, the parish is clearly entitled to compen sation, and the learned counsel specially points to one fact in favour of the intended legal proceedings, viz., that the land was not even purchased by the company, but that they simply entered into possession. The joint opinion of the ATTORNEY-GENERAL and Mr. RAYMOND is equally conclusive against the company. After stating that the Board of Works are clearly entitled to compensa tion in consequence of the railway company having sold the property as surplus land, and applied it to other purposes than those of their undertaking, counsel observe "We think the intention of the Legislature, to be gathered from the scope and object of the company's Acts, was, that the company should have the power to take, without compensation, lands then applicable to public purposes, when they were to be applied to the purposes of the rail way, which is itself for the use of the public; but we do not think it was intended to give the company such lands merely for their own pecuniary bencfit." They recommend the Board to proceed against the company under the 68th section of the Lands Clauses Consolidation Act 1845, and this course the Board have re solved to adopt. The value of the land is estimated at 20001.

THE DISPERSION OF THE BAR. PERHAPS the highest tribute ever paid to any profession was paid by some of the members of the Judicature Commission to the English Bar, when they expressed themselves reluctant to concur in the recommendation to establish local courts of first instance throughout the country on the ground that such a course must destroy the influence at present exercised by the Bar. It might be supposed by the public that these objectors are simply yielding to a feeling of regard for the Profession to which they belong, and we are sure that there are those ready to believe that the influence of the Bar has been exaggerated. In our opinion the operation of a measure which would disintegrate the Bar and scatter its members about the country would be more important than the unthinking at present contemplate.

As a body the Bar has no ostensible organisation, and off the circuits there is no system by which its members can be controlled, or by which opinion can be guided, save the Courts of the Benchers, whose jurisdiction is only invoked in cases of professional mal practice. The great majority of barristers reside in the me tropolis, and we believe few professional men are so little inclined to herd together as lawyers. This is not unnatural, inasmuch as day after day they meet in the and see enough of one another during the hours of professional work. There is the further reason that it is to the interest more particularly of lawyers to extend the circle of acquaintance beyond the sphere of their professional labour. It is perfectly true therefore that the Bar is not an united body, and, in all probability, there is no class of men amongst whom more independence of thought exists, and between whom, individually,

same courts,

there is a wider difference of opinion on questions not only of a political and general character, but also on questions intimately connected with the profession to which they belong. If an attempt were made to convene a meeting to discuss any subject having reference to the active life of the Profession, no success would attend it unless the movement was headed by some member of the Bar universally respected. And, in the event of a meeting being convened and largely attended, there would assuredly be important dissentients present or absent who would throw serious obstacles in the way of attaining the object desired. This observation is illustrated by the efforts made to carry out some intelligent scheme of reform in legal education. The association of solicitors having moved in the matter, and Sir ROUNDELL PALMER having given the movement his countenance and support, a certain measure of success attended the proceedings of the reformers. At the critical moment, when it was expected that Parliament would support Sir ROUNDELL PALMER, a formidable enemy presented himself in the shape of Her Majesty's SOLICITOR-GENERAL, who proved to demonstration that on a question with which the Profession is intimately acquainted, there can exist diametrically opposite opinions. By one high authority a thorough reform was thought desirable, and indeed absolutely necessary to the healthy life of the Profession; by another authority equally eminent, no change at all was considered necessary, and the suggested reforms were scouted as vague and unsatisfactory. Again, as regards public appointments we believe there were those in the Profession who were prepared to support the Government in the appointment of Mr. BEALES, and the pitchforking of Sir. R. COLLIER into the Privy Council.

This is the peculiar body which it is considered so highly important to conserve in its integrity. The principal reason assigned by those members of the Judicature Commission to whose opinions we have referred is that the Bar exercises a most important influence upon the Bench. Taking this as a sufficient ground and argument for carefully preserving the existing constitution of the Bar, the questions to be asked are, what is the nature of this influence, and to what degree would it be impaired by creating many local bars out of the present great central body? We do not suppose that it could be seriously denied by anyone who understands the subject that the judicial Bench is extremely sensitive to the opinion of the Profession; and it is also undoubtedly true that the popularity or unpopularity of a Judge with the Bar may have a considerable influence upon the conduct of public business. The reason why a Judge should be sensitive concerning the opinion of him entertained by the Bar is obvious. He rises from the ranks of the Bar. Many of the members of the Bar are his intimate friends. To distinguish himself in their eyes as a Judge is as much a matter of proud ambition as it was to rise from a stuff gown to the rank of a leader. He knows well the merits of the Bar; he is familiar with the great knowledge of a varied kind possessed by its members, and he must also be aware, if he is a man of the world, that barristers in a large measure control opinion not only in legal journals but in the public press generally. All these are good, valid, and substantial reasons why Judges should not only respect but in a measure stand in awe of the Bar-that is to say, have such regard for its predominant opinion as to guide their conduct with care and caution which would not be bestowed upon uncriticised labour.

The next question is, how would this influence be impaired by the disintegration of the Bar? In the first place, there cannot be the smallest doubt that with the dispersion of the metropolitan Bar legal learning would decline; the uncertainty which at present waits on too many legal decisions would be largely increased. This would be one ground for decrease of respect paid by the Judges to the Bar. And the local bars being but fragments of the great body now congregated in London, an overbearing or obstinate Judge would be but little opposed, and the courage which is now known to exist in those who lead the Bar would certainly disappear. It is indeed one complaint, and about the only one which we have to make against some of the County Court Judges, that they seem to discourage members of the Bar who appear before them and exercise an amount of independent judgment regardless of the arguments adduced, which shows a want of respect to those whose demeanour we may safely say is, as a general rule, deferential though firm. Now if this is the case in the inferior courts, where barristers do not largely practise, it may be inferred that with the increased weight of a Superior Court Judge a somewhat larger Bar would not stand much greater chance of being able to make itself felt as the Bar of England now is by the Judicial Bench. And it is to be remembered that it is not only the busy members of the Bar who have weight in our courts; there is usually in every court a large number of acute but unoccupied minds engaged in learning and criticising. This element would almost entirely disappear if the Bar were scattered over the country.

But, taking all these matters into consideration, is a great reform to be obstructed because a profession is to be damnified, or even though one healthy influence the less exist to control the conduct of our judges? We are glad that a plea has been put forward for the Bar; that its influence and character have been acknowledged; and we should be glad to see it always retain its present position if it could do so consistently with necessary legal

reforms. If it is to the interest of the country that all courts of first instance should be local courts, we must submit to have judges unfettered by professional criticism; but if this important step is to be postponed on any other ground, the dispersion of the great metropolitan Bar should be looked upon as a measure likely to entail serious consequences upon the administration of justice.

THE LEGISLATION OF THE SESSION.

In the week after the Parliament rose we gave a brief notice of those statutes which, passed during the last session, had up to that time been printed. At that time about half the Acts passed had been printed, and certainly they did not show anything very striking in the way of legislation. Now all the statutes for the year are issued, and in the latter half the more important Acts occur; still, even among these there are not very many important changes. Those which are most likely to be important to our readers we will call attention to.

Cap. 60 deals with corrupt practices at municipal elections. This statute is noticed more fully elsewhere.

Cap. 62 is the Scotch Education Act. This year there has been a large instalment of statute law revision. Caps. 63 and 97 deal with English Statute Law, and repeal a vast number now useless statutes. Cap. 98 deals similarly with a number of obsolete Acts relating to Ireland. A curious question is likely to arise as to the construction of the Bastardy Laws Amendment Act 1872 (cap. 65), as to the power of justices to make an affiliation order where a child is born before Aug. 10, the date of the Act, but the application for the order is made after that date. The Act totally repeals all the other Acts giving power to make orders, and only provides for cases where the child is born after the passing of the Act. This Act gives power to justices to make an order for five shillings weekly, an increase on their former power, and also provides that orders are to be in force until the child is thirteeen years of age, or, if the magistrates so direct, until sixteen years of age. Sect. 8 gives power to guardians of the poor in certain cases to obtain an order against the father. Cap. 69 establishes a Local Government Board in Ireland. Cap. 70 provides that all fees payable to any law officer of the Crown or his clerk in pursuance of the Patent Law Amendment Act 1852, or in other ways in respect of which a salary is now paid out of moneys provided by Parliament, shall be paid into the Treasury. The Merchant Shipping Acts are amended slightly by cap. 73, and there are certain transfers of powers to the Board of Trade and the Registrar General of Seamen from various authorities to whom duties connected with measurement and registration and emigration had been entrusted. Pilotage is also dealt with in a piecemeal way. It is to be regretted that the promised Merchant Shipping Code has not received more attention; if it had, these repeated small changes would be unnecessary. Cap. 74 deals with the adulteration of food. By cap. 75, a want that was much felt has been supplied. This Act gives power to the Court of Queen's Bench of Ireland to appoint commissioners to take affidavits in the Channel Islands, and also commissioners to administer oaths within ten miles of Dublin. This latter provision was much needed, as it was most inconvenient to be compelled to attend before a Judge's clerk whenever it was necessary to swear an affidavit. Caps. 76 and 77 provide regulations as to the working of coal and metalliferous mines, and deal with the employment of women and children in mines, with wages, inspection, and other matters of considerable importance in such works. The Acts provide penalties for enforcement of its provisions, which deal mainly with the protection of human life. Cap. 79 is the Public Health Act; of this a summary was given last week. The facilities which were formerly given to Writers to the Signet, and solicitors in Scotland, with respect to admission as attorneys in England, are now extended by cap. 81 to members of the Faculty of Advocates in Scotland, and they can now be admitted in England after serving three years under articles. It will be a good thing when some greater facility is given to barristers and attorneys in England to pass from one branch of the Profession to the other. By cap. 84 no barrister can be appointed after 1st Jan. 1873, a revising barrister, unless he is of seven years' standing at the Bar, and all Acts giving power to the Judges to appoint additional revising barristers to assist in the completion of the revising work are repealed from the same date. This will probably have to be altered during the next session, as it will be impossible for the Revising Barristers in some districts to complete their work within the time provided by the Act. At a time when the Judicature Commission proposes to abolish borough and local courts of record, it is curious to find the Legislature extending their jurisdiction. Cap. 86 gives these courts greater power in interpleader matters, as to serving of writs out of the jurisdiction, as to sitting of the courts, and enforcing of writs of execution. A schedule attached to the Act provides for settlement of a table of fees, for hearing of chamber motions out of the jurisdiction, and the whole Act generally facili tates the working of these courts. There can be no doubt that they are eminently useful, and their abolition would be a source of great discontent. Many Acts which would have

expired at the close of last session are continued by cap. 88 until various dates in the ensuing year. We notice among the Acts thus continued is the Election Petitions and Corrupt Practices Act 1868. This must be continued, or the Corrupt Practices (Municipal Elections) Act 1872 would be useless, as no person would exist having power to appoint the tribunal under that Act. It will be remembered that some time back a municipal corporation got into difficulty by promoting a Bill in Parliament, in which they were unsuccessful. Having no borough fund, the members of the corporation became personally liable for the cost of Bill, as they could not levy a rate to defray the expenses. To meet this difficulty, an Act has been passed enabling corporations and other governing bodies to charge the rates with such expenses with certain provisoes. Before they can promote or oppose a Bill, the assent of an absolute majority of the governing body must be obtained; such assent must be again obtained after the deposit of the Bill; and further, the assent of the ratepayers must be given to the incurring of the expense by the ratepayers assembled in a meeting in the manner provided by the Local Government Act 1858, for the adoption of that Act. The committees of either House may decide that the promotion or opposition is vexatious, and then the borough funds cannot be applied to the expense. Sect. 3 provides that no payment to any member of a governing body for acting as counsel or agent in promoting or opposing any such Bill shall be charged on the ratepayers. As this clause originally stood, it was provided that members attending the committees, unless witnesses, could not recover their expenses. By cap. 92, parish constables are abolished, except where quarter sessions deem them necessary. Cap. 93 is the Pawnbrokers' Act 1872, and consolidates the various Acts relating to pawnbrokers. A summary of the Act has been published in our columns. Then, lastly, there is the Intoxicating Liquors Act. This is too well-known already to require further notice, but as further evidence of how carelessly it has been drawn, we would call attention to the schedule of the Act. In that schedule appear the Acts that are repealed, and amongst others there are certain portions of the 23 & 24 Vict. c. 27 (Refreshment Houses and Wine Licences). The sections specified as being repealed are "sect, five, sect. seventeen, sect. twenty, sect. twenty-six, &c., sect. thirtyone; also sects. eighteen, thirty, thirty-one, &c., so far as such sections relate to the sale of liquors, or any offences connected therewith." Thus section 31 is repealed, first altogether and then in part, in the space of three lines. Which is it meant to be? Such questions will very soon have to be answered, as the Act is likely to be tested at all points.

We are still unable to retract our former opinion, that the late session had produced but little remarkable in the way of legislation. There are a few important Acts; but they are very few, and most of the great questions where our law is most defective have been left untouched. Let us hope that during the next session more leisure will be found for useful legislation, and that less time will be spent in useless and long-winded discussions on points of mere local interest.

will

MORTGAGES BY DEPOSIT OF TITLE DEEDS. THE late Mr. Jarman, writing in 1839, after collating a number of cases illustrative of the fine distinctions, the doubts and difficulties, arising on the law of equitable mortgage by deposit of the title deeds, says, "A cursory glance at the numerous preceding cases which have arisen in regard to deposit-securities strongly demonstrate the inexpediency of relying upon this species of security, which ought never to be accepted, unless, perhaps, in the case of small temporary loans. It is not a little surprising that some large banking and mercantile firms are in the habit of taking securities from their customers in this manner. They are always popular with borrowers, as avoiding the necessity of a formal deed of conveyance both on the occasion of the loan and of the repayment, and as leaving no trace of the transaction on the face of the title." One of the dangers to which a mortgagee by deposit is exposed is brought into prominence by the case of Dixon v. Muckleston, decided by Lord Romilly on the 18th April, and reported 26 L. T. Rep. N. S. 752, the result of which cannot be more succinctly summarised than in the head note, which is as follows:-" In 1864 M. deposited title deeds of 1774, relating to certain property, with A., and in 1868 M. deposited title deeds of the same property, showing a title in himself from 1787, with B., without notice of the prior deposit: Held, that the deeds deposited with A. were material to the title, and that the charge thus created in favour of A. had priority over the equitable mortgage to B." It should also be stated that the deeds of 1774, which were held material were the lease and release, by means of which the property was conveyed to a person through whom the mortgagor derived title, and who settled them on the occasion of his marriage by the deeds of 1787. Lord Romilly says, "The deed must be a material deed, but I think that the word material means only that it must be a deed relating to the property. No one can say that this, which was a conveyance in fee of the property, and the root of the title, was not a material deed, though one of ancient date. It is true that this will follow, and this argument is strongly urged, that the result of this will be that many equitable mortgages

may be made of the same estate, and this unquestionably is true; but the sole answer to this is, that the person who lends money on this species of security must take care to be the first of such incumbrancers, and if he cannot be sure of this he must not advance his money without the security of a legal mortgage." Whether the very wide sense attributed to the word "material" by the Master of the Rolls be correct or not-whether muniments whatever their age, and however slightly they may affect the property, are or are not to be deemed material-it is clear that the meaning to be given to the word, "material" is wide enough to render the mortgagee altogether dependent on the good faith of the mortgagor, and, which is of more importance, that the court will not weigh degrees of materiality in determining questions of priority. In many cases bankers and others making advances deem the possession of the most material deed-the conveyance to the mortgagor, or the deed showing his immediate title-sufficient, and the case of Dixon v. Muckleston forcibly exposes the fallacy of this notion. Where a mortgagee chooses to accept a deposit-security we think he may fairly require from the mortgagor a statutory declaration that he has not created and is not aware of any incumbrance.

LAW AT THE SOCIAL SCIENCE CONGRESS. We have elsewhere expressed the opinion that annual discussion of threadbare questions is of little use. If anything could induce us to alter this opinion it would be the speech of Lord NAPIER, whose inaugural address contains scme most sensible reference to Real Property, and the Law of Primogeniture. His views are those of a man of the world who has seen the working of different laws in different countries. We extract his remarks on these subjects without comment:

REAL PROPERTY.

The question which beyond all others deserves our sustained and dis passionate consideration and action is the question of real property viewed in its political and social aspects. On this subject the opinion of the country is less matured, and the deliberations of the association, the writings which it may prompt, and the discussions which it may raise, can be of vital use in leading the public mind to just, moderate, and acceptable conclusions. The distribution of property is the feature in our laws and customs which presents the greatest apparent hardship, which arouse the keenest sense of injustice, which affords the readiest materials for misrepresentation, and which discovers the most dangerous inconsistency between our political institutions and our social condition. In Great Britain real property is transferred and transmitted under laws, customs, and influences which all combine with irresistible, increasing power to produce consolidation. Primogeniture, entail, traditional predilection, the exigencies of fashion and recreation, the accumulation of capital, are working incessantly together to promote great aggregations of land in the hands of a few. The statistics of landed property have not yet been verified with any accuracy, but it would be hazardous to estimate the number of estates above the dimensions of a garden or paddock at more than 100,000 in a country which numbers more than 26,000,000 of inhabitants, and there are but few counteracting agencies at work to mitigate the perilous progression towards monopoly. France, Ger many, Italy, Russia, Switzerland, the United States, the British colonies, all the countries which count for something in the world, which propagate ideas, or offer examples or present points for comparison, which fascinate by their past or which possess the promise of an expansive future, all have committed acts or adopted principles and measures which conduct them on a path directly opposed to that on which the destinies of England are still impelled. In France political confiscation founded, and the com. pulsory partition of land on succession has accelerated, the division of property to such an extent that the number of estates is almost equal to the number of families engaged in agricultural pursuits. In Germany a revo lution of the same nature, though not of the same magnitude, has been effected in a more regular manner. The benefits of landed property have been imparted progressively to a numerous and prosperous class of cultiva tors by the abolition of feudal superiorities, by the restriction of entails and special destinations of land, by the deliberate division of estates between the landlord and the occupier on a basis, if not always equitable to the former, at least patriotic in its motives, and happy in its results, and by the operations of rules of succession reproducing in instances the primitive laws of the country, and in others adopting, with various modifications, the maxims of the French code. Twelve years have now elapsed since I had the good fortune to be a witness at St. Petersburgh of the promulgation of the Act of Emancipation and Endowment, and, notwithstanding the disenchantments which are ever ready to follow in the track of philanthropy, the scene still remains the greatest recollection of my life, an impression that can never be repeated. and can never be forgotten. There was for once no formal ceremonial of court or camp. In the cathedral of St. Isaac, from the sacred lips of the Metropolitan, to a rude and humble multitude hushed in breathless expec tation, the Imperial message came which carried liberty to all, and land to all who would work to earn it. Enslaved and disinherited the crowd went in; a few simple words were uttered by an aged priest, the people melted quietly away into the wintry air, transformed, it seemed, as far as laws could alter men; no one shouted, no one spoke, but they lingered in the shadow of the church as if unwilling to depart from a spot where so bright a promise had descended. That moment gave a legal and lasting interest in the land of Russia to 50,000,000 of its inhabitants; directly to some, indirectly and inferentially to others. That the gift has been deeply marred by the conditions there is little doubt. The Act of Emancipation is not exempt from the infirmities which belong in other countries to the best efforts of legislation. In India, where England has assumed such a weighty charge in guarding the welfare and directing the destinies of mankind, no attempt has ever been made to propagate or accredit the principles of the English law of inheritance, and no tendency is now discovered to reproduce the features of our social condition, of which that law is the powerful associate. The attitude of the English government in matters of land tenure and land revenue has been influenced at different times by the political sentiments and economical theories preponderant at

some

SEPT. 14, 1872.J

THE LAW TIMES.

home. Our policy has now probably taken a permanent root I hope. It is one marked equally by justice, prudence, and benevolence. The government respects the guaranteed rights of the landlord, or zemindar; however inconvenient they may be in regard to the fiscal interests of the state, they decline, in reference to occupiers under other tenures, to allow an irrevocable alienation of the undisputed right of the state to a share in the increased value of the produce of the soil, not created by the capital or labour of the cultivator; but there is an unquestionable inclination to recognise and confirm a popular tenure in the land.

After some further observations on the agitation which is being carried on for the creation of small proprietors, his Lordship said:

The transfer of the property in land from the proprietor to the occupier would not benefit the greater number nor give property to those who need it most, nor satisfy those who fondly imagine that it is possible to give it equally to all. In Prussia and Russia, in providing the cultivating classes with land, the Government endowed the great mass of the people with property, for tillage was the occupation of the majority, and the occupiers of the land were in a great measure identified with the labourers; but in England the transfer of the farm in property to the tenant would be prejudicial to the interest of the agricultural labourer, and it would do nothing for the artisan. The labourer would be transferred from a richer and more benevolent, to a poor and harder landlond.

THE LAW OF PRIMOGENITURE.

The laws which produce or, at least, promote the consolidation of land in this country are best recognised by their common designation-the law of primogeniture and the law of entail. In what degree the law of primogeniture is at this moment practically and distinctively operative in preserving the existing aggregations of land and preventing its repartition, is a question which might be a fair subject of debate. In the absence of any positive prescription conveying the land to the eldest son in case of intestacy, there would remain a powerful customary prepossession to transmit the land in the same way by testamentary disposition; and even in cases in which that prepossession was not acted upon, considerable power would be exercised by capital derived from the profits of trade in arresting the division of land, and in reconsolidating it in new combinations. Making every allowance for the operation of these influences, it still appears to me that the abolition of the rights Although the proof primogeniture would be decidedly beneficial. prietor would in the majority of instances, and especially in the beginning of the new system, destine his landed estate to his eldest son, with a pecuniary provision in favour of the younger children, there would be a grad nal tendency towards a different practice. Laws are the result of prevalent opinions, but the alteration of a law not only reveals a change of public sentiment, it also diffuses and accelerates the change. In the case of large properties, composed of scattered portions, and comprising several residences, the abolition of inheritance by primogeniture would prompt the disposal of subordinate estates to younger children by will, with one of two results; either the estate would remain with the younger child, in which case it would have the benefit of residency and personal supervision, or it would be transferred by sale, in which case it would have the benefit of the outlay of capital which is coma change of ownership, and monly attached in this country to the benefit in many cases of residency too. Moreover, the abolition of the rights of primogeniture would, probably, in the long run more than counteract the consolidating faculty of capital, the influences producing division would vanquish the influences producing aggregation. The faculty of entail is a powerful auxiliary to the law of primogeniture in preventing the dissemination of landed property; and I do not know that there exists a single specious argument for maintaining a distinction between the destination of real and the destination of personal property, except this, that the permanent attachment of landed estates to particular families, with all the social advantages connected with this arrangement, is necessary in a country in which one of the branches of the Legislature has an hereditary character. The reply to this argument may be found in the following considerations: The law of entail, as it now exists, does not effectually prevent the alienation and burden of peerage estates. The freedom of testamentary power would enable peers to make sufficient provision for the independence and dignity of the head of the family. The removal of an artificial safeguard, complicated and imperfect in its character, would increase the sense of moral responsibility in the possessors of hereditary seats in the Legislature, and thus indirectly add respect and stability to the order. If, however, these arguments were not considered convincing, and if special provisions were deemed indispensable for families invested with Legislative functions, there would be no difficulty whatever in attaching rights of primogeniture and powers of destination to particular families, and a character of indivisibility to particular estates. Provisions of that nature are familiar to the legislation of I do not advocate the adoption of such of the German States. They are I do not think them necessary. exceptional expedients. only suggested, in order to show that a general wrong cannot be defended on the ground of a particular danger. The abolition of the rights of primogeniture, and the restriction of the powers of distinction with reference to land would increase the number of estates placed in circulation, and disseminate the benefits of landed property, without any violent shock to existing interests and feelings. The process of subdivision would be slow, but it would be safe and progressive. Land would be rendered more accessible to the smaller and industrial capitalist, to the farmer, if he elected to acquire it, to associated capital engaged in the purchase, subdivision, and resale of land, to the industrious artisan, the labourer eventually. But an immediate and immense benefit would be felt in this respect, that the impression would be removed that a powerful interest in the country is supported by indirect means and factitious contrivances, and that other classes are debarred from social advantages by partial legislation, or for want of legislation founded in generous and unselfish principles.

THE STOCK

STOCK MARKETS.

some

CITY, THURSDAY, SEPT. 12. APPREHENSIONS in some quarters have been entertained for some days past that we were on the eve of a rise in the Bank rate, and such a movement might doubtless have occurred had any very large withdrawals of gold taken place from the Bank. With this eeling to work upon, speculators have been able to depress

prices, making nearly all values lower than a week ago, and
notwithstanding the fact that no change in the Bank rate
has been made, there is hardly any recovery as we write, but some
improvement may be expected with the close of the settlement, as
the value of money in the open market shows already symptoms
of receding from 34.

The higher price to which Bank Stock has advanced of late has
foreshadowed the improvement in the dividend for the past half
year, which was fixed at the General Court of the proprietors to-
day at 5 per cent.

The British Funds are lower for the week, and the New French
Loan has receded

In the American market, after daily fluctuations and touching 40 to 404 last Saturday, Eries are exactly the same as last Thursday. The buying was active at one time on the statement that a contract had been concluded between this company and the lines of New England for a railroad under the title of "The New York, Boston, and Montreal Railway," which it is believed will improve the revenues of the Erie Company. The United States Funded Loan is lower.

There is a general and rather considerable fall for the week in British railway stocks for the reasons above stated chiefly, and owing to the desire to realise on the approach of the settlement. One or two disappointing dividends of late have served to further damp the desire of the public to invest much more in these stocks, as all things considered it must be admitted they are in most cases full priced. There is a fall of 3 in Great Northern A; of 23 in London and Brighton, and London and North Western; of 24 in Midland, North Eastern, and South-Eastern Deferred; of 2 in Great Northern, Great Western, Lancashire, and Yorkshire, and London, Chatham, and Dover Preference; of 13 in South Eastern, &c. The traffic receipts announced this week have been, as a rule, good.

All the changes in foreign stocks have also been adverse for the week, Honduras taking the lead at a decline of 4. Peruvian 6 per Cent. of 1870 are 1 lower; Bolivian, Brazilian New, 5 per Cent.; Paraguay of 1871, I lower, and in most other cases.

The account which will be concluded to-morrow has been a short and comparatively a light one, with the contango rates generally somewhat easier than upon the last occasion.

In Miscellaneous shares Telegraph Construction have risen 1, but Indiarubber and Gutta Percha, and Native Guano, have fallen 1 for the week.

The sum of £10,000 has been sent into the Bank this day, and £10,000 has been withdrawn for Portugal. Discount demand very quiet.

The latest quotations for British Funds are as follows: Consols for money 92 to 923; ditto 2nd Oct. account, 922 to 92; Reduced and New Three per Cents., 91 to 914; Exchequer Bills, par to 5s prem.; India Five per Cent. Stock, 110 to 111; ditto Four per Cent., 1043 to 1051; ditto Enfaced Paper Four per Cent. 96 to 97; ditto Five and Half per Cent., 106 to 107; Bank of England Stock, 245 to 247; Metropolitan Three and a Half per Cent., 98 to 984; French Rentes in this market 53 to 544; and ditto New Loan, 3 to 3 pm.

The latest quotation for French Rentes received from Paris was 55fr. 40c. In the market for American Securities, the United States 5-20 bonds of 1882 are marked 92 to 92; ditto 10-40 Bonds, 87 to 87; Atlantic and Great Western Bonds, 33 to 341; ditto Debentures, 43 to 41; Eries, 383 to 39; Illinois, 101 to 105; and United States Funded Loan, 89 to 90.

In the Railway Market the prices are:-Caledonians, 1123 to 113; Great Eastern, 473 to 48; Great Northern, 136 to 137 ex. all.; ditto, A, 159 to 161 ex. all.; Great Western, 116 to 117; Lancashire and Yorkshire, 151 to 152 ex. div.; London and Brighton, 73 to 73; London, Chatham, and Dover, 24 to 243; ditto 4 per cent. preference, 60% to 614; London and North-Western, 144 to 141 ex. div.; Manchester and Sheffield, 80 to 801; Metropolitan, 614 to 61 ex. div.; ditto District, 28 to 291; Midland, 112 to 142 ex. div.; North British, 78 to 78; North Eastern Consols 164 to 161 ex. all.; SouthEastern, 1021 to 1023; ditto Deferred, 83 to 84; Grand Trunk of Canada, 19 to 19; Great Western of Canada, 221 to 223; Antwerp and Rotterdam, 24 to 25; Great Luxembourg, 173 to 173; and Lombardo Venetian, 193 to 19%.

The prices of the principal Foreign Stocks are as follows: Argentine 1868, 95 to 96; do., 6 per cent., 1871, 90 to 91 ex. div.; Bolivian, 6 per cent. 59 to 60; Brazilian, 5 per cent. 1865, 95 to 96; do., 5 per cent., 1871, 95 to 96; Costa Rica Scrip, 1872, 9 to 7 dis.; Egyptian, 7 per cent., 1868, 89% to 89: do., Viceroy Loan, 91 to 93; do., Khedive Mortgage Bonds, 88 to 882; French Morgan, 6 per cent. Loan, 993 to 100; do.. National, 5 per cent. Loan, 1871, 1 to 13 pm.; Greek, 16 to 17; Honduras, 37 to 39; Italian of 1861, 67 to 671; Mexican, 15 to 15; Paraguay, 8 per cent., 1871, 79 to 794; do. 1872 scrip, 6 to 3 dis.; Peruvian 6 per cent. 1870, 75 to 75; do., 5 per cent. 1872 scrip, 5 to 3 dis.; Spanish 30 to 301; do., 3 per cent., 1871, 30 to 30%; Turkish, 5 per cent. 1865, 52 to 52%; do. 6 per cent., 1869, 64 to 61; do., 6 per cent. 1871, 731 to 73; and Uruguay Consolidated Loan, 731 to 73.

In the Telegraph Market, Anglo-American Stock is quoted at 119 to 121; British Australian, 73 to 7; British Indian Extension, 11 to 113; Chinas, 8 to 9; Cubas, 8 to 9; Eastern, 9 to 10; Great Northern, 11 to 11; Mediterranean Extension, 6 to 7; Reuter's, 9 to 10; French Cables, 22 to 22; and West India and Panama, 4 to 5.

In miscellaneous shares the prices are as follows :-General Credit and Discount 2 to 3 pm. ; International Finance, to dis.; Hooper's Telegraph Works, to pm; Hudson's Bay, 123 to 123: India Rubber and Gutta Percha, 33 to 34; National Discount, 11 to 12; Telegraph Construction, 32 to 33; Royal Mail Steam, 89 to 91; Native Guano, 14 to 16: Phosphate Sewage, 13 to 14; New Sombrero Phosphate, 3 to 4; and Phospho Guano, 11 to 11}.

SOLICITORS' JOURNAL.

session of the cestui que trust was the possession of the trustee (Locking v. Parker, 27 L. T. Rep. N. S. 29. Rolis.)

and without issue. The third child, a son, died a
bachelor, and without issue in 1847, having at-
tained the age of twenty-one years subsequently
to the date of the said will, but prior to the death WILL-PROBATE- AMENDMENT OF DESCRIP.
of the testator, who died in 1849. In 1850 the TION OF TESTATOR IN THE ORIGINAL PROBATE.
daughter's husband became insolvent, and in-In the grant of probate the testator was de
1868 the daughter herself died. The plaintiff, scribed as of one residence only, whereas he was
who was heir-at law of both the testator and the usually known as of two. The court on motion
daughter, brought ejectment against the defen- allowed the probate to be amended by inserting
dant, an assign of the daughter, and it was held the second residence: (In the Goods of Towgood,
by the Court of Exchequer Chamber (affirming 26 L. T. Rep. N. S. 984. Prob.)
the judgment of the court belew), that the ulti-
mate limitation to the heirs and assigns of the
testator's daughter never took effect at all, inas-
much as there was a child of the marriage who
lived to attain the age of twenty-one years. There
was therefore a lapse and partial intestacy, and
the plaintiff, as heir-at-law of the testator, was
accordingly entitled to recover. Tarbuck v. Tar-
buck (4 L. J., N. S., 129, Ch.) commented on, ap-
proved, and upheld: (Brookman v. Smith, 26 L. T.
Rep. N. S. 974. Ex. Ch.)

NOTES OF NEW DECISIONS.
WILL-LETTER CONTAINING DIRECTIONS TO
BURN THE WILL-REVOCATION-INTESTACY.-A
testator having duly executed his will went abroad
and died there, having previously executed two
papers, one of which was an order to his agent to
deliver his will to his brother; and the other was
a letter to his brother directing him to burn the
will, and it also gave the brother all his property,
on condition that he gave certain sums to per-
sons named therein. The court held that the
letter revoked the will, and gave administration to
the brother as in case of an intestacy: (In the
Goods of Durance, 26 L. T. Rep. N. S. 983. Prob.)
METROPOLIS LOCAL MANAGEMENT-GENERAL
LINE OF BUILDINGS-COMPENSATION.-A person
purchased from a railway company a piece of land
formerly the site of houses which the company
had taken for the purposes of their railway. The
company had pulled down the houses and con-
structed their railway underground, and then
restored the surface of the land, and advertised it-USAGE OF STOCK EXCHANGE-LIABILITY OF
for sale as building land. The land came within
the provisions of the Metropolis Local Manage-
ment Acts. Held, that the purchaser was in the
same position as to his right of building on the
site, as if he had bought the land with the houses
standing on it, and had himself pulled them down
for the purpose of rebuilding, and that the Metro-
politan Board of Works had no power to require
the new buildings to be set back to the general
line of buildings in the street, without compensa-
ting him for damage under the 74th section of the
Metropolis Local Management Act 1862. The
75th section of the Metropolis Local Management
Act 1862 only applies to buildings about to be
erected on land not built on before, and not to
buildings about to be erected on the site of old
buildings, except where the owner of the old
buildings has pulled them down without any
intention of again building on the site: (Lord
Auckland v. The Westminster District Board of
Works, 26 L. T. Rep. N. S. 961. L.JJ).

BAILEE WHARFINGER DETENTION OF GOODS BY-COLLUSIVE TRANSFER OF BILL OF LADING.-The plaintiff, a merchant abroad, received an order for wine from L., and accordingly shipped certain cases thereof to him in London, also forwarding a bill of lading. Before the arrival of the vessel L. deposited the bill of lading with the defendant, a wharfinger, directing him to warehouse the goods on account of L. The wine came, and was warehoused by the wharfinger, who entered it in L.'s name, but subject to a stop order put on it by the shipowner for freight, pursuant to 25 & 26 Vict. c. 63, s. 28. L. declined to accept the wine as not equal to sample. The plaintiff thereupon agreed to take it back, and L. promised to send a delivery order to enable him to obtain it, but did not do so, and it afterwards appeared that L. had, on the same day, indorsed the bill of lading to one M., who thereby caused the wine to be transferred into his own name in the books of the wharfinger. The plaintiff demanded the wine from the latter, offering to pay all charges, and to indemnify him against other claims, but the defendant having given warrants to M., refused delivery. The jury found that the transfer of the bill of lading from L. to M. was collusive and not for value. An action of detinue having been brought by the plaintiff against the defendant. Held, that the wharfinger had no better title than L., his bailor, who could not have justified a detention of the wine, and consequently the plaintiff was entitled to recover: (Batuit v. Hartley, 26 L. T. Rep. N. S. 968 Q. B.)

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WILL-DEVISE-MARRIED WOMAN-LIMITATION TO HEIRS AND ASSIGNS OF AS A FEME SOLE GIFT TO A CLASS. A testator having, by marriage articles on his daughter's marriage in 1823, covenanted with trustees to leave "an equal child's share of all his real estate to the use of the intended husband for life, or until his insolvency, with remainder to the daughter's use for her life, with remainder to the children of the marriage, with certain specified limitations; with an ultimate limitation, in case there should be no child of the said marriage, or there being such, if all of them should die under twenty-one years of age, and without any of them leaving lawful issue, then to the use of the heirs of the said daughter as if she had died sole and unmarried, by his will, dated in 1840, and which was made in pursuance of the said covenant and recited the said articles, devised certain freehold estates, with limitations in substantial conformity with the said covenant in all respects, except only that the ultimate limitation in the will was as follows: "and in case every child of the said marriage, born or to be born, should die under the age of twenty-one years, and without leaving lawful issue, then to the use of the heirs and assigns of the said daughter, as if she had continued sole and unmarried;" with remainder to the right heirs of the testator. Three children were born of the marriage, two of whom died previously to the date of the will, under twenty-one

TRANSFER OF SHARES-INFANT TRANSFEREE JOBBER.-A jobber on the Stock Exchange contraeted to purchase A.'s shares in a company, and in accordance with the usage of the Stock Exchange he duly gave in to A.'s broker a ticket with the name of the intended transferee, which had been passed on to him. After the execution of the transfer it was discovered that the transferee was an infant, and A. became liable for calls. In a suit by A. against the jobber seeking to make him liable to indemnify him in respect of the shares: Held (reversing the decision of Bacon, V.C.), that, inasmuch as the transferee, being an infant, was legally incompetent to authorise his name to be inserted in the ticket, the jobber had not, by passing his name, discharged himself from liability, although he was ignorant that the transferee was an infant, and although A. had made no objection to the name of the transferee within the ten days allowed by the rules of the Stock Exchange. A jobber who contracts on the Stock Exchange to purchase shares in a company is not discharged from his liability, in respect of the contract, until he has furnished the name of a person competent to take a transfer of the shares and able to pay for them: (Merry v. Nickalls, 27 L. T. Rep. N. S. 12. Chan.)

MIS

VENDOR AND PURCHASER-MISTAKE
DESCRIPTION IN PARTICULARS RESCISSION OF

UNCLAIMED STOCK AND DIVIDENDS IN THE

BANK OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons
respectively whose names are prefixed to each in three
months, unless other claimants sooner appear.]

HUNT (Rev. Robert T.), Clifton-place, Camberwell-new-
road. One dividend on the sum of £2000 Three per Cent.
Annuities. Claimant, Wm. Hasted, one of the Executors
of the Rev. Robert T, Hunt, deceased.
SERGEANT (Frederick Thos.), New-square, Lincoln's-inn,
Middlesex, barrister-at-law. £125 58. Gd. Three per Cent.
Annuities. Claimant, William Joyce.

APPOINTMENTS UNDER THE JOINT-STOCK WINDING-UP ACTS. CLARA (NORTH BRAZIL WATER COMPANY.-Petition to be heard Nov. 8, before V.C. M. HOYLAKE RAILWAY COMPANY. Creditors to send in by Oct. 10 their names and addresses, and the particulars of their claims, and the names and addresses of their solici tors (if any) to Win. Turquand, 16, Tokenhouse-yard, E.C. Nov. 5 at twelve o'clock at the chambers of V.C. M. is the time appointed for hearing and adjudicating upon such claims.

CREDITORS UNDER ESTATES IN CHANCERY.

LAST DAY OF PROOF.

GAMBLE (Geo.), 25, Spencer-street, Everton-road, Liver
pool, engineer. Oct. 1; A. Preston, solicitor, Norwich.
Nov. 6; M.R., at twelve o'clock.
HUGHES (Owen D.), Corwen, Merioneth, solicitor. Sept. 30;
Frankish and Buchanan, solicitors, 23, Parliament-street,
Westminster. Nov. 2; V.C. W., at twelve o'clock.
LYTTON (Right Hon. Wm. H. Earle Baron Dalling and
Bulwer), Upper Brook-street, Middlesex. Oct. 15; Capron
and Co., solicitors, 7, Savile-place, Conduit-street, W.
Jan. 5; V.C. M., at twelve o'clock.
SCARLETT (Ann), Saxmundham, Suffolk. Oct. 18: H.
Southwell, solicitor, Saxmundham. Nov. 1; V.C. B., at
twelve o'clock.

CREDITORS UNDER 22 & 23 VICT. c. 35. Last Day of Claim, and to whom Particulars to be esnt. ALDERSLEY (Edmund), formerly of Brentwood, Essex, after wards of New Cross, Kent, and late of Hoo, Kent. gentleman. Oct. 31; Martin and Smyth, solicitors, Highstreet, Strood, Kent.

ANNING (Wm.), formerly of Axminster, late of U. S. of
America. Dec. 7: Dommett and Cauning, soliciters,
Chard.

BAZARD (Edward K. L.), Esq. St. Paul's-square, Holgate-
lane, York. Oct. 10; Wm. Simpson, solicitor, Malton.
BELL (Thos.), Hall Farm, Cramlington, Northumberland,
farmer and grocer. Oct. 11; Allan and Davies, solicitors,
23, Grainger-street, Newcastle-upon-Tyne.
BLIGH (Edwd.), Esq., 16, Onslow-crescent, Middlesex.
Nov. 2.; Wm. Whitehouse, solicitor, 26, Charles-street,
St. James's-square.

BowHING (Alexander), Polsham St. Cuthbert, Wells, yeo

man. Nov. 2; W. F. Swayne, solicitor, Glastonbury.

BROOKS (Rev. Ley, Derby. Nov.1; Richardson and Small,

solicitors, Burton-on-Trent.

BROWNING (Win.), Esq., Holme Park Lodge, Lower Syden ham, Kent, and Bartholomew Close, Middlesex. Oct. 1; G. H. K. Fisher, solicitor, 24, Essex-street, Strand.

CHAMEN (John, Bordeau Farm, Eastineon, Southampton.

CONTRACT.-The plaintiff purchased at a sale by
auction, for £2500, certain property which was
described in the particulars of sale as an "imme-
diate reversion in fee simple." Shortly after
signing the contract he discovered that by the
conditions of sale which were produced for the
first time and read aloud at the commencement of
the sale, but which he was prevented by deafness
from hearing distinctly, the purchaser was to take
the property subject to the obligation of paying
off mortgages for £2500 in addition to his pur-
chase money, the real value of the reversion being
considerably under £5000: Held, that the plain-Cox (Frederick), 38, Fenchurch-street, E C. Nov. 2: W. S.
tiff was entitled to have the contract rescinded
on the ground of common mistake and misdescrip-
tion in the particulars; also, to have the deposit
he had paid returned with interest at 4 per cent.,
and, until payment, to a lien for the amount on
the vendor's interest in the property: (Torrance
v. Bolton, 27 L. T. Rep. N. S. 19. V.C. M.)

MORTGAGE IN FORM OF TRUST FOR SALE-
EXPRESS TRUST-STATUTE OF LIMITATIONS
(3 & 4 WILL. 4, c. 27), ss. 25 AND 28-POSSESSION
OF CESTUI QUE TTUST-POSSESSION OF TRUSTEE
-SURRENDER OF TERM.-Between the years
1822 and 1829, A. executed several deeds of mort-
gage, by way of demise for terms of years, to B.,
to secure advances. By a deed dated the 11th
Feb. 1829, A., in consideration of the sum of £560,
then advanced by B. to him, conveyed the estates
comprised in the previous mortgages, together
with other estates, to C., in fee, upon trust in case
of the repayment of the £560 on the 11th Aug;
then next, and of the other moneys then charged
on the property, to re-convey the same to A., his
heirs, or assign, but in default of payment, upon
trust that C. should enter into possession of the
property, and at his sole authority sell the same,
and out of the sale moneys pay the sums due to
B., and a sum of £180 to another incumbrancer on
the property, and pay the surplus to A., his execu-
tors, administrators, or assigns. B. at the same
time entered into possession, and continued in
possession until his death in 1860. By his will
he devised the property to the defendants, upon
trust for sale. C. accepted and acted in the
trusts. On a bill filed by the representatives of
A. against C. and the representatives of B. to
have the trusts of the deed of 11th Feb. 1829
carried into effect: Held, that the deed of 11th
Feb. 1829 vested the property in C. upon an ex-
press trust within the 25th section of the Statute
of Limitations, and that the plaintiff was not
barred of his right by the 28th section of the
statute: Held also, that the terms were super-
seded by the deed of Feb. 1829; and that the pos-

farmer. Oct. 15; Jos. Soames, solicitor, Petersfield, Hants.

Masterman, solicitor, Clifford's-inn, Fleet-street, E.C.
CUBITT (Wm. Q.), Neatishead, Norfolk, farmer. Dec. 1;
Do Esther, Streatham-place, Brixton-hill, Surrey. Oct.
F. Fox, solicitor, Surrey-court, Norwich.
21; Carlisle and Ordell, solicitors, 8, New-square, Lincoln's
inn, W.C.
ECCLESTON (Harriet A.), Dale-end, Birmingham. Oct. 22:
Hodgson and Son, solicitors, 18, Waterloo-street, Bir-
mingham.
ECCLESTON (Wm.), Dale-end, Birmingham, fishmonger.
Oct. 22; Hodgson and Son, solicitors, is, Waterloo-street.
Birmingham.
EMBERLIN (Ann), Marlborough, Wilts. Oct. 26; Merriman
and Gwillim, solicitors, Marlborough.
EVANS (Katherine B., Rumsey House, Kidwelly, Carmar
then. Nov. 10; M. Rees, solicitor, Llanelly.
Foor Mary A.), 51, Charles-street. Mile-end New Town,
Middlesex. Oct. 10; Kent and Cobbold, solicitors, A,
Cannon-street, E.C.

HAMES (John), Rotherby, Leicester, farmer and grazier.
Nov. 1: Berridge and Morris, solicitors. Leicester.
HASTED (John F.), 4, Belgrave Villas, Ilford-road, Essex.
Oct. 1, Drake and Son, solicitors, 3, Clouk-lane, Cannon-
street, E.C.
HILL Henry J.), Queen Charlotte Wine and Spirit Vaults

Pond-bridge and Jamaica-road, Bermondsey, licensed
victualler. Nov. 14, C. B. King, solicitor, Temple-street,
INCLEDON (Richard), 2, Montpelier, Old London-road,
Birmingham.
Hastings, gentleman. Oct.; Incledon, Dartmouth-row,
Blackheath.
IRVING (Geo. P.). Pwlmeyrie, Llattherne, Monmouth, gen.
tleman. Nov. 2; Hollingsworth and Co., solicitors,
4, East India-avenue, E.C.
JAY (Martha), formerly of Benella Villa, Cheltenham,
afterwards of 9, Pembroke-square, Kensington, and late
of 19, Belgrave-terrace, Belgrave-road, Shepherd's-bush,
Middlesex. Sept. 30; J. R. Bailey, solicitor, 8, Token-
house-yard, E.C.
JENNINGS (Daniel), Esq., formerly of Campaspa Plains, near
Port Philip, Australia, and Newton Abbott, Devon, bat
late of Great Stanmore, Middlesex. Nov. 9; Arnold and
Green, solic.tors, 20, Whitehall-place, Westminster.
LOVEY (Win.), Perranarworthal. Cornwall, woollen draper.
Oct. 31; G. A. Jenkin, solicitor, Penryn, Cornwall
MILES (Elizabeth), Yardley, near Stony Stratford, Bucks.
Nov. 2; W. Whitehouse, solicitor, 26, Charles-street, St.
James's-square
Moxox (Henry), 3, Copthall-court, E.C.; and Leston,
Essex. Sept. 20; J. T. Simpson, solicitor, 62, Moorgate-
ORD (Ralph, formerly of 27, Alice-street, but late of 15,
street, E.C.
Dundas-street, both of Sunderland, fire-brick manufac

turer.

to Jos.), 81, Ball-street, Birmingham, draper. Oct. Hodgson and Son, solicitors, 13, Waterloo-street, Birming ham. PEARCE (Abraham), 16, Patriot-square, Bethnal-green, Middlesex. J. Pendergast, solicitor, 37, Colet place, Com mercial-road, Middlesex.

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