ciously abridging the statement of the case, he gives the judgment of the LORD CHANCELLOR precisely as it is stated in that report, without varying in a single letter. This omission we consider as an extraordinary, not to say a singular negligence; which, however, we have too high an opinion of Mr. Roper's candour to suppose could have happened from any thing but accident; at the same time that justice to Mr. Williams or his then assistants obliges us to say, as he could not desire that others should be answerable for his errors, so neither ought they to omit to ascribe to him the merit of his own labours. Suum cuique tribuere is all that is expected, and he has a right to demand it.

To conclude, we shall only observe, that those who think with us, upon the nature of legal publications, will have reason, to thank Mr. Roper for the very useful additions now made to his treatise, and which evince great labour and judicious industry; but our opinion of Mr. Roper's judgment and discrimination, and of his other powers and acquirements as a lawyer, were raised sufficiently high by his two former publications; in which were plainly to be perceived those powers of the mind, which were necessary to the completion of his present task.

Circular Letter to the Lords Lieutenants of Counties. WE E insert the following circular letter, as we conceive that it may further the purposes for which it has been made public by governinent, and tend to correct any mistake which may have been generally entertained upon the subject.

66 MY LORD,

Whitehall, Dec. 1804.

"I beg leave to represent to your lordship, that much mischief is likely to arise from the frauds committed by issuing of counterfeit silver coin, chiefly brought from Ireland, and frequently stampt, the better to deceive the public; and from an erroneous opinion having prevailed that, because it was once circulated in Ireland (though since suppressed there), it is now not unlawful to circulate it here.

"In order, therefore, to stop the progress of this evil, and to give efficacy to the laws for the punishment of persons uttering counterfeit coin, knowing it to be so, particularly the act of the 15 and 16 Geo. 11. c. 28, I am induced to request that

82 Circular Letter to the Lords Lieutenants of Counties.

your lordship will earnestly recommend it to the magistrates, in their several districts in the county of, to give notice to the public that large quantities of such base coin are in circulation; that such circulation is an offence against the laws; and to recommend it to traders and others to secure the parties tendering such money, and also the counterfeit money tendered, so as to identify it; stating, at the same time, in such notice, that, on the application to a magistrate (in case the facts can be sufficiently proved,) the offenders will be prosecuted by the solicitor to his majesty's mint, at the public expence, and in that case a reasonable compensation will be made, for the loss of time and trouble of the witnesses in such prosecution.

"To facilitate this mode of proceeding, and the better to enable the magistrates to carry it into effect, I beg leave to add, that in any particular cases brought before them, wherein they may be desirous of obtaining further information, they may receive it, upon communicating the circumstances of such case to John Vernon, Esq. of Lincoln's-inn, the solicitor to his majesty's mint.

"I think it proper to add, on this occasion, that in the case of any quantity of counterfeit coin being found in the possession of any person, it will be expedient to seize such coin, and to make immediate communication thereof to the solicitor of the mint, who has express orders to attend to such communication; and, in the mean time, it will be proper to commit the person for further examination. "I have the honour to be &c. (Signed)

To his majesty's lieutenant of

HAWKESBUBY."

The subscribers to the Law Journal, are desired to inform their binders, when they send the several divisions of the work to be bound for 1804, that the first leaf of the Original Communications, cuts off" sheet C.in the Abstracts of Acts. There is no signature, B. or C. in the Original Communications.

In our introduction to the Succinct View of the Law of Infancy, ante page, 3, we have by mistake said that Mr. Watkins's work, entitled Principles of Conveyancing is out of print; we understand since that it has been lately reprinted. Our readers will observe that the positions stated by our old correspondent were not all assented to exactly, by the writer of the Succinct View, of the Law of Infancy, they will notice this particularly in what is said of the caseof Zouch v. Parsons.

Correspondents in our next,

A concise View of the Law or Custom of Gavelkind, in Kent.

HAVING received the following concise View of the Law or Custom of Gavelkind, in Kent, from an anonymous correspondent, of whom we have no knowledge, we insert it. As the writer has not given any reference to authorities, we have ventured to insert a few as to the material points, rather than wait his corrections for that purpose, which could only have been obtained though the medium of notice to him. in the last page of our number, and would have occasioned a delay of a month or two.

Gatelkind. Before the conquest it seems all lands in England were of the nature of gavelkind, which is supposed to resemble what was called by the Saxons, Bockland; but, after that period, when knight's service was introduced, the descent was generally restrained to the eldest son, for the preservation of the tenure, except in Kent, where the conqueror (for the supposed reason of which see Robinson on Gavelkind) confirmed to the Kentish men their ancient laws and privileges, some of which, particularly that of Gavelkind, still remain.

Gavelkind is denominated the common law of Kent,* because it extends through the whole county, and the proof of the custom is not, like other customs, turned upon him that would take advantage of it; for all lands in Kent are presumed by our courts of law to be of the gavelkind tenure till the contrary is shewn; which is a favor that is not allowed to gavelkind land in any other county..

All lands in Kent are, at the present day, Gavelkind, except such as have been disgavelled by particular statutes, and such as were formerly holden by ancient knight's service. The custom extends to the profits arising from a fair or market, holden on gavelkind land, and arising by reason of the soil; so of a rent issuing out of and charged upon gavelkind land. It seems that parsonages, tithes, &c, that came to the crown upon the dissolution of monasteries, are not within the

Bro. tit. Custom, 58, contr. [E]

1 Sid 135. 138.

+ 3 Lev. 87. Mod. 96, 97. x. 25.

custom, since they are new inheritances, and were, within time of memory, duties merely ecclesiastical, collateral to the estate of the land and no part of the old lay fee. A remainder, being but the residue of an estate in the land, naturally follows the descent of the land. So an use shall follow the nature of the land out of which it issues, it not being a thing newly created, but the old use modified by the statute of uses, and modern determinations; and it is the same at present of a trust.

Gavelkind is an ancient soccage tenure, and it appears to have embraced as one of its privileges, in Kent, at least, the power of devising by will previous to the statute rendering valid devises of real estates, and it is at present a customary tenure that runs with the land, and is not altered by a fine or recovery levied or suffered thereof at common law.

The descent of gavelkind lands, in the right line, is among all the sons equally, who inherit as sisters do at common law and although females cannot inherit with men, in their own right, yet they may jure representationis; and therefore if a father has three sons, and one of them dies in his lifetime, leaving issue a daughter, such daughter shall inherit the part of her father, jure representationis, although she is not within the words of the custom, of dividing the lands between the heirs male, for she is the daughter of a male, and heir by representation. If an estate is conveyed to the father and the heirs male of his body, the daughter is excluded per formam doni; but the custom, making the land descendible to the heir male, makes room for the representative of him, and indeed, if the father makes a purchase after the death of a son, the representative of that son shall nevertheless take.

In the collateral line, the rule of descent is preserved the same. For, when one brother dies without issue, all the brothers shall inherit, and in default of them, their respective issue shall take jure representationis and per stirpes and not per capita.

The custom of gavelkind is not confined to inheritances in fee simple only, for it reaches estates tail, and though an estate tail is a new kind of inheritance introduced by the statute de donis within time of memory, yet if a man die seised of estates tail either general or special, all the sons shall inherit as heirs of the body.

But, where a lease for life is made of gavelkind land, remainder to the right heirs of A. B. who hath issue four sons ; in this case, the eldest son shall inherit the remainder, because,

in the case of purchase, there can be but one right heir, and the eldest son accordingly takes as such.

The custom likewise extends to descendible freeholds, as in the case of a lease to a man and his heirs, pur auter vie, all the sons shall inherit, as the special occupants, upon the death of the lessee.

Copyhold lands, also, come within the scope of the custom of gavelkind, and, consequently, all the sons are entitled to admission, upon the death of the father intestate.

The half blood shall not inherit gavelkind lands, although this seems formerly to have been doubted.

The entry and seizin of any one gavelkind heir is the entry and seizin of all, unless indeed he does not claim generally, but the whole to himself.*

Gavelkind heirs however are incompetent to take advantage of a condition or warranty annexed to gavelkind lands, for this only can be done by the perfect heir, the heir at common law.+

And besides the general qualities before stated, there are several special or particular customs incident to gavelkind lands in Kent, and which are to be pleaded as specially as other customs; for a bare allegation of the lands, being of the nature of gavelkind, will not be sufficient in regard to them, as it is with respect to the general custom of partibility. These special custonis seem not properly incident to, or inseparable from the nature of gavelkind customs in general, but are, by immemorial usage, annexed to land of this tenure in the county of Kent, equally with partition; and indeed they are in some respects preferred at present to the general customs, since they still continue to take place, even when the lands have been disgavelled.‡

The special customs are principally these; 1st, that the husband shall be tenant by the curtesy, but of a moiety of his wife's inheritances in gavelkind, which is less in quantity than the curtesy of England; but then it is obtained on easier terms, for the having a child is not necessary to entitle the husband to it, as he is equally entitled whether he has

*1 Bl. Rep. 678.

+ This, it must be presumed, is meant only of a condition in gross, and not of a condition incident to a reversion. For of the latter the heirs in gavelkind may take advantage; and when the heir enters for the former, the younger sons shall enjoy the land with him. Bacon's Abr. vol. 3, 365. Edit. 1798.-Editor.

325.

1 Sid. 77. Cro, Car. 562. Raym. 76. 1 Lev. 79. Iard.

E 2