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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 Gcorge, of Sherborne, butches. (Foot, Sherborne. September 8,
Billing Chalwell, of Egloshale, Cornwall, watchmaker. Wallis and Beancity
Bodmin. September 1. Brown John, junior, of Liverpool, merchant. (Greaves, Liverpool. Septem
ber 4. Burnet Joseph, of Sherborne mercer and drager (Pearson and Son, Pump court,
Temple. September 8. Clarke Richard, of Warminster, Wilts, horse dealer. [Holmes, Clement's lost
London ; and Lampard, Warminster. September 1 Comer William, of Bristol, dealer is clay. [Lewis, King's Bench Walks, Lanos
Temple; London ; and Gillett, Bristob September a 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 lanc. September 25. Campbell James, of the Shakespeare tavern Covent garden, vintner. (Clarksen,
Essex street, Surand. September 25:
Devenish Francis Courteny, late of St. Martios lane, upholdet. Danes and Tooke,
Tanfield court, Temple. September 12. Dean William, of Bristol linen draper. [Bayaton 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. Sepe
tember 4. Faulkner Thomas, of Oxford street, Oil and Colourman. [Hutchinson and Hem.
met, Brewers hall, Addle street, Aldermanbury. September 25. Cifford Ricbard Ireland, of Bristol, skinner. [Martin, Bristel. September 15. Hilton Robert, of Holliwell street; strand, victualfer. (Jones and Green, Salisbury.
square, Flect street. September 18. Harris William, of Drury lane, woollen draper. Freact and Williams, Castle
streft, Holborn. September 18. Harding Thomas, of Ludlow, Salop, victualler. (Richard Russel, Ludlow. Sepe
Langworth Asthony, of Eut Smithfield, St. Catherine. [Templer, Burt streets
East Smithfieid. September 1. Lodge John, of London Wall, carpenter. (Orchard, Hattoa Garden. Septem
ber 8. Lester John, of Barbican, coal merchant: (Wrighit and Bovill; Chancery lane,
London. September 8. Lee Jokin, of Liverpool, merchant. (Naylor, Liverpool. September 18 Long Nathaniel, of Oxford, tailot. (Taunton, Oxford. September 15. Muselwhite John Brows, late of Wareham, Dorset, butcher. (Past, Poole,
September 4. Mead Jonathan, of Southminster, Esset, sadler zad collar maker. (Cutting; Bartlett's
Buildings, Holborn. September 8. Moore Mary, of Albemarle street; fancy dress maker. (Downes; Essex court Tem.
ple. September as. Norman James, and Geooge Worthington, of Chorlton row, Manchester, commos
brewers. [Ray and Renshaw, Manchestet. September 1. Parkinson Thomas and John Parkinson, of Coleman street; London, chymists
and druggists. Nettletold, Hind court, Fleet street. September 28. Pennial Robert, of Laurence Pouatacy lanc, London wine merchant. (Noy)
Miacing lape. September 28. Raynes Joho Thomas, of Quebec street, St. Mary-le-borse, Middleses, mariner,
Leigh and Mason, New Bridge street, London. September i. Ryan Alexander and William Baynes, late of Harrington, Liverpool, joitiers. (Kirá
patrick, Hanover street, Liverpool. September 11. Roberts David, of Chester, ironmonger. [Bedford and Meecham, Bitmingham.
September 32. Rideing John, of Liverpool, and William Levet, Manchester; merchants and part
Ders. (Stanistreet and Eden, Liverpool. September zi. Speed Thomas, of Cannon street, druggist. (Nicholls and Nettlesbip; Queen Street
Cheapside. September 8. Sbargle William, of Ledbury, Herefordshire, cartier. (Richards of Ledbury, and
Tarrant and Moule, Chaocery lanc. September 35. Took John, of Mechwold, Norfolk, grocer. (Micklefield, Stoke Festy, Nose
folk. September 92 Westlake Robert, of Exeter, Devon, grocer. (Martin, Vintner's Hall, Upper
Thames street, London, September 1, Wilsone Willina and John Wiloone of Basinghiall street, woollen drapen. (Brown,
Pudding lape. September al. Wilkinson John, of Leeds, woolstapler. Coupland, Leeds. September 15, Williams Heary, of Shepherd's market, May-fair, grocet. (Richings, Thaira
lon, Holborn. September: 8. Wingfield William, lace of Liverpool, merchant. (Keighley, Liverpool. Septem.
tember 92 Wakeford Williama, of Horsham, Susses, shopkeeper. Stedman, Horshare. Sepse
tember 23. Weston Charles and Robert Weston, of Foster lane, Cheapside, London, warehouse:
mea. (Berry, Walbrook. September 28.
TO CORRESPONDENTS.We have not toom for the Observatious of Studens in the present Number.
We expect soon to bear from our friend who proposed BLACKSTONIANA.
We bave received some Observations on Co. Lit, 162, a, which shall be on ticed in our next Number.
E have received the following letter from Sru
“ When Lord Bacon said “Master Attorney who reud 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 doch say well,' is in any degree invalidated by it, for in the one place the fact of Coke's haring 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 rira coce 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 road in the past tense.
“ 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 allucles 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 or further evidence, we are still inclined to think the espression accidental. We
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 evideace of the publication. The authority we alluded to, and there can be none better, is that of Mr. Hargrave. We are stiil thanks ful to our friend Students for drawing our attention tu the passage above inentioned, and we shall be glad to see him employed on a subject more fruitful of information thin 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. No, 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. 37 ; and 162, a b. Notes
4 and I of Co. Litt. Isth Edition. AS I 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 ine 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 llen.lil. c. 97, which relates to tenants for life.t
The learned editor supposes that the act, 39 H.VIII. c. 37, enipowers ihe executors of tenants, for their own lives, to distraia for rent which accrued due to their testator in his life-time; but he evidently is mistaken, for the words of the act are,
" that it shall be lawful for the executor, &i, 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 inmediately to have paid the said rent, or fee-farin, so being behind, to the said testalor in his life, or in the seisin or possession of any other person or persons claiming the said lands, tenements, and bereditaments, only by and from the saine tenants by purchase, gift, or descept." No 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 primitiro 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 ob
" that this doctrine is impugped by the court's resolution in Turner v. Lee;t 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 had 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 erecutors or administrators of tenant, pur autre vie, tu 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.
M. OBSERVATIONS. 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 io undertake it, and to refer to the autorities cited by him : a task which we can by no means impr. upon ourselves on every paper sent to us,
If we understand our correspondent rightly, he seems to think, that the several executors of teants in fee-simple, fee-tail, ani jor lile, of rent services, Se. who are me: tigued in the preamble of tre statute, are not all of them intended by that statute to have a double re'nedy, both by action of debt and by distress; but some of them are to have an action of debt only (confirined iriere they had ii by common law, and given anew where tliey had none l-fore), 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 oi the difference in the nature of their estates, some having the reversion with the same estate continuing in their heirs, to which the distress
• Cu, Lit. 162. b. + Cro. Car, 171.