BANKRUPTS, Declared in the London Gazette, from Sept. 1 to 28. The Solicitors' Names, and Dates of the Gazette, are preceded by a Crotchet.] Andrews George, of Sherborne, butcher. [Foot, Sherborne. September 8, Allen Thomas, of Warrington, corn dealer. [Shuttleworth, Warrington. September 15. Billing Chalwell, of Egloshale, Cornwall, watchmaker, [Wallis and Bennetty Bodmin. September 1. Brown John, junior, of Liverpool, merchant. ber 4. Burnet Joseph, of Sherborne mercer and draper. [Greaves, Liverpool. Septem [Pearson and Son, Pump court, Clarke Richard, of Warminster, Wilts, horse dealer. [Holmes, Clement's Ins London; and Lampard, Warminster. September 1 Comer William, of Bristol, dealer in clay. [Lewis, King's Bench Walks, Inner Temple, London; and Gillett, Bristol. September Cowloy Henry, of Plymouth Dock, innkeeper. [Kayll, Tower Royal, London. September 8. Cole William, of Gosport, wine merchant. [Boswell, Gosport. September 22. Clegg James, of Griffin street, Shadwell, Middlesex mariner. [Leslie, Tokenhouse yard, Lothbury. September 25. Castell Samuel and Walter Powell, of Lombard street, Bankers. [Hanson and Birch, Chancery lane. September 25. Campbell James, of the Shakespeare tavern Covent garden, vintner. [Clarkson, Essex street, Strand. September 25. Devenish Francis Courteny, late of St. Martins lane, upholder. [Janes and Tooke, Tanfield court, Temple. September 11. Dean William, of Bristoly linen draper. [Baynton and Clarke and Son, Bristol. September 15. Dethick John, of Derby, grocer. [Evans, Derby. September 22, Eaton Joshua, of Liverpool, merchant. [Statham and Sons, Liverpool. September 4. Faulkner Thomas, of Oxford street, Oil and Colourman. [Hutchinson and Hem. met, Brewers hall, Addle street, Aldermanbury. September 25. Cifford Richard Ireland, of Bristol, skinner. [Martin, Bristol. September 15. Hilton Robert, of Holliwell street, strand, victualler. Jones and Green, Salisbury. [French and Williams, Castle [Richard Russel, Ludlow. Sepe Langworth Anthony, of East Smithfield, St. Catherine. [Templer, Burr street; East Smithfield. September 1. Lodge John, of London Wall, carpenter. [Orchard, Hatton Garden: Septem ber 8. Lester John, of Barbican, coaf merchant: Lee John, of Liverpool, merchant. [Wright and Bovill; Chancery lane, [Naylor, Liverpool. September 18. Musselwhite John Brown, late of Wareham, Dorset, butcher. [Part, Poole, September 4. Mead Jonathan, of Southminster, Essex, sadler and collar maker. [Cutting; Bartlett's Buildings, Holborn. September 8. Moore Mary, of Albemarle street; fancy dress maker. [Downes; Essex court Temple. September 22. Norman James, and George Worthington, of Chorlton row, Manchester, commog brewers. [Ray and Renshaw, Manchester. September 1. Parkinson Thomas and John Parkinson, of Coleman street, London, chymists and druggists. Nettlefold, Hind court, Fleet street. September 22. Rennial Robert, of Laurence Pountney lane, London wine merchant. [Noy} Mincing lane. September 2g. Raynes John Thomas, of Quebec street, St. Mary-le-bone, Middlesex, mariner, [Leigh and Mason, New Bridge street, London. September i. Ryan Alexander and William Baynes, late of Harrington, Liverpool, joitiers. [Kirė patrick, Hanover street, Liverpool. September 11. Roberts David, of Chester, ironmonger. [Bedford and Meecham, Bitmingham. September 22. Rideing John, of Liverpool, and William Levet, Manchester, merchants and partners. [Stanistreet and Eden, Liverpool. September gå. Speed Thomas, of Cannon street, druggist, [Nicholls and Nëttleship; Queen streeé Cheapside. September 8. Shargle William, of Ledbury, Herefordshire, cartier. [Richards of Ledbury, and Tarrant and Moule, Chancery lane. September 5. Took John, of Methwold, Norfolk, grocer. [Micklefield, Stoke Ferry, Norfolk. September as. Westlake Robert, of Exeter, Devon, grocer. [Martin, Vintner's Hall, Upper Thames street, London. September 1. Wilsone William and John Wilsone of Basinghall street, woollen drapers. [Brown, Padding lane. September 11. Wilkinson John, of Leeds, woolstapler. [Coupland, Leeds. September 15. Williams Henry, of Shepherd's market, May-fair, grocer. [Richings, Thaives Inn, Holborn. September 18. Wingfield William, fate of Liverpool, merchant. [Keightley, Liverpool. Septem tember 22. Wakeford William, of Horsham, Sussex, shopkeeper. {Stedman, Horsham. September 22. Weston Charles and Robert Weston, of Foster lane, Cheapside, London, warehouse: men. [Berry, Walbrook. September 28. TO CORRESPONDENTS.-We have not room for the Observations of Studens in the present Number. We expect soon to hear from our friend who proposed BLACKSTONIANA. We have received some Observations on Co. Lit. 162, a, which shall be nøs ticed in our next Number. COMMUNICATIONS. E have received the following letter from Sru WE DENS: "When Lord Bacon said Master Attorney who read upon this statute said well,' there can be no doubt that Coke was the person meant; but I confess myself unable to perceive how the inference which I submitted from the expression Coke in his reading doth say well,' is in any degree invalidated by it, for in the one place the fact of Coke's having read upon the statute is spoken of, whilst in the other the reading as a work is referred to. Supposing I should say,Mackintosh who lectured upon this subject said well,' the person to whom I might address myself would understand me as alluding to the fact of his having read, as speaking of an oral or viva voce observation; but if I should afterwards say, upon another point, Mackintosh in his lecture doth say well,' I should necessarily be understood as alluding to a published lecture; and certainly no one would be less disposed to think that I was alluding to a published work merely because I had in a former part of the same observation referred to the fact of his having read in the past tense. 6 "In the last Number of the Journal, it is said that Lord Bacon notices the reading in the past tense, but that is a mistake, and the root of the erroneous conclusion, for Lord Bacon there alludes to the fact of his having read to the actual delivery of the discourse." We have only to observe that though we did not mean to say the words referred to (p. 20 Bacon's Reading) warranted no such inference at all, yet, in the absence of further evidence, we are still inclined to think the expression accidental. We agree with Studens, that the allusion in p. 5 of Bacon's Reading, does not relate to the reading as a work published, but to the fact of reading. Had it been otherwise, there would have been a further evidence of the publication. The authority we alluded to, and there can be none better, is that of Mr. Hargrave. We are still thankful to our friend Studens for drawing our attention to the passage above mentioned, and we shall be glad to see him employed on a subject more fruitful of information than the present is likely to be, since, whether the reading has been ever published or not, we fear it is lost. If we could restore il, we feel that we should confer a benefit on the profession, and, we trust, there are none who will not be ready to assist us: VOL. III. N°. 21. [DD] in the attempt. A gentleman who has already given a considerable proof of ability by some ingenious observations on the Rules of Descent, has promised a republication of Bacon's Reading with notes. We hope to see it executed con amore, for, we are well assured that no treatise deserves more the attention of the profession. It is not to be measured by its size. The hand of a master of no common mould, of one born, like Newton, to extend the sphere of science, is apparent in every line.* On the Statute 32 Hen. VIII. c. S7; and 162, a b. Notes 4 and 1 of Co. Litt. 13th Edition. AS SI understand it is within the design of your work to insert such communications as may tend to correet the errors of publications on legal subjects of importance to the profession, I have been induced to send you some observations which occurred to me on reading two notes of a gentleman of the highest celebrity for legal knowledge and great abilities, on that part of Lord Coke's Commentary on 32 Hen.Vill. c. 57, which relates to tenants for life.† act are, The learned editor supposes that the act, 32H.VIII. c. 37, empowers the executors of tenants, for their own lives, to distrain for rent which accrued due to their testator in his life-time; but he evidently is mistaken, for the words of the "that it shall be lawful for the executor, &c. to distrain so long as the said lands, &c. continue, remain, and be in the seisin or possession of the said tenant in demesne, who ought immediately to have paid the said rent, or fee-farm, so being behind, to the said testator in his life, or in the seisin or possession of any other person or persons claiming the said lands, tenements, and hereditaments, only by and from the same tenants by purchase, gift, or descent." Now, at the common law, on the death of tenant for life, the estate of his lessee for years, or any other estate derived from his tenancy for life, would determine. Cessante statu primitivo cessatque derivativus is the maxim of law, and therefore, of As this sheet is going to press, we are informed that the new edition of Bacon's Reading on Uses is actually published; we shall, therefore, take an early opportunity of giving an account of the manner in which it is executed. + Co. Lit. 13th edit. 162, a. b. Notes 4 and 1. necessity, no distress could be taken by the executors of the tenant for his own life after his decease, the lands not continuing in the seisin or possession of the person who ought to pay the rent, nor of any person claiming by or from him by purchase, gift, or descent. The same editor,on the passage of Coke "that the executors of tenants pur autre vie, could not have distrained at the common law after the death of cestui que vie, which now they may do by the force of this statute; for, in that point, it addeth another remedy than the common law gave;" also observes "that this doctrine is impugned by the court's resolution in Turner v. Lee;+ for, according to that case, the statute of Henry VIII. only applies where the common law gives no remedy." Now, the case of Turner v. Lee, it must be admitted, is accurately stated; but if the learned editor bad investigated this subject in his usual manner, he would have perceived that, by the last section of the act, a power is expressly given to the executors or administrators of tenant, pur autre vie, to distrain after the death of cestui que vie, and consequently that the remedy by distress is not so restricted as contended for in that case. Sebtember, 1804. OBSERVATIONS. M. We have inserted our correspondent's letter, in order to promote useful and liberal inquiry. At the same time, our respect for the very learned and able annotator on the first part of the institutes, together with the conviction that he has at present little leisure to apply to such an investigation, has induced us to undertake it, and to refer to the authorities cited by him a task which we can by no means impes, upon ourselves on every paper sent to us. If we understand our correspondent rightly, he seems to think, that the several exccutors of te..ants in fee-simple, fee-tail, and for life, of rent services, &c. who are mentioned in the preamble of the statute, are not all of them intended by that statute to have a double remedy, both by action of debt and by distress; but some of them are to have an action of debt only (confirmed where they had it by common law, and given anew where they had one lefore), and others a distress also, together with the action of debt, where they had not a remedy by distress at cominon law; and that this diversity is introduced on account of the difference in the nature of their estates, some having the reversion with the same estate continuing in their heirs, to which the distress * Co. Lit. 162. b. + Cro. Car. 171. |