페이지 이미지

local press (the South-Eastern Qazette) he is unable to include his name.

The Special Fishery Commission.—The Bpecial commissioners for inquiring into the legality of fixed engines for taking salmon in the rivers and estuaries of England have given their decision on some important claims mode before them by Lord Lonsdale and Lord Leconfield in reference to .fixed engines on the West Cumberland coast. The Commissioners were Mr. James Patoraon (chairman), Captain Spratt, and Major Scott; secretary, Mr. Brady. Lord Lonsdale's claim had been inquired into two years ago, and in December last judgment was postponed (as reported at the time in The Times) on the application of the Board of Conservators of the Fishery District, which Board had only then just been formed. The case was accordingly now re-heard, Mr. Jackson, solicitor, of Ulverston, appearing for the conservators to oppose the claim, and Mr. Lamb, solicitor, Whitehaven, for Lord Lonsdale. It was a claim for two stake-nets with traps in them on the sea coast, at the mouth of the river Duddon. The existing nets were proved to be respectively in length 77 yards, 220 yards, and 286 yards. One of these was abandoned. It was proved that Lord Lonsdale was lord of the manor of Millom, in which these nets are situate, and old witnesses and tenants of the fishery proved that the nets had been nsed in the same locality for as long as living memory could reach back. For the opponents of the claim it was contended that Lord Lonsdale had not a several and exclusive fishery at the place in question, but that the public bad exercised the right of fishing there in defiance of any such right. One witness named William Cleasby, aged 75years, swore that when his father fished it at the beginning of the present century, he being then a boy, the net was a small "baulk" without a trap or anything else in it, and that it merely served the purpose of detaining the fish when the tide ebbed; that, moreover, it was then half a mile from the place where the present stake-nets were placed, and that anybody that chose set their "oadles" or small baulks in the neighbourhood without interruption. In about the year 1806 or 1808 a Scotchman, named Irvine, came to the place, and he was the first to set the trap-net of the description of those now used; but before that time pockets or feaps were not used in that part of the country. He remained about three years, and then pulled np his stakes and sold them, and others who succeeded him had imitated his mode of fishing since. It appeared that in the estuary of the Duddon—a wide sandy plain, not much below high water mark —tho sands frequently shifted, and the channel consequently varied from time to time. In consequence of this the places where the nets were fixed one year would gradually sand up until the fishery there was quite destroyed, and hence the necessity of moving the nets as the sands shifted and the channel changed. The Commissioners decided that this change in the locality of the nets did not, under these circumstances, destroy the title to them, and while giving credit to the witness Cleasby they considered the balance of evidence as to the user of these nets to be in favour of the noble claimant. They accordingly gave their decision in favour of tho claim to the two nets, and decided that while he made due provision for observing the weekly and annual close time, 4c, they were prepared to give him a certificate of their legality. The other cases decided Were claims made by Lord Leconfield to a fish garth at Ravenghvss, on the same coast, and a stop-net thereto at the mouth of the river Esk. Mr. Saul, solicitor, Carlisle, supported Lord Leconfield's claim by a mass of ancient documentary evidence tracing bis lordship's title to the manor of Eskdale (in which the fisheries are situate) as far back as 1209, and bringing the evidenco of title and mode of user down to the present day by living witnesses who challenged their memory back for 60 years. The chums to the fish garth were supported so satisfactorily that the Commissioners stopped Mr. Saul, and said it was the strongest case of the kind that had yet been bronght before them, and they had no hesitation in saying that he had fully establihsed its legality. They also certified for the stop-net, which is a net fixed on stakes across a tidal channel to stop the fish on the ebb tide, the fish being then taken out with a draught net.


NOTES OF NEW DECISIONS. Private Bill—Locus Standi WaterWorks.—Landowner.—An Improvement Bill, promoted by the Corporation of St. H., among other objects to sanction the extension of their waterworks, was petitioned against by a landowner apprehensive of injury from the abstrac tion of underground water. It appeared that the pipes of the corporation would be laid along a to»i, the soil of which belonged to the peti

tioner, though the surface had been dedicated to the public: Held (without completing the discussion of the water question), that the petitioner had a locus standi on the ground of interference with the soil: St. Helen's Borough Improvement Bill, 21 L. T. Rep. N. S. 95. Ct. of Referees.)

Winding-up Contributory. A member of a mutual marine assurance association, who had never received a stamped policy of insurance on his own ship- was held not to be a contributory: (Smith's case, 21 L. T. Rep. N.S. 97. L. 33.)

RailwayCompulsory Po Wkrs.—A railway company was, by an Act passed in 1865, empowered to take compulsorily certain lands for the purposes of the Act, amongst which was the stopping up and appropriating A. street. The plaintiff, owner of lands adjacent, had no notice of the intention to apply for this Act, nor were his lands included or referred to therein, or in the deposited plans. By an Act passed in 1864. the company were, however, empowered so to take his lands, but solely for the purposes of that Act, amongst which the stopping up of A. street was not included: Held, that the company could not avail themselves of the powers of the earlier Act to take the lands of the plaintiff against his will, in order to apply them to the purposes of the later Act, and an injunction granted by James, V. C. was continued by the Court of Appeal. The company already possessed lands sufficient for the new road; but they were desirous of applying those lands to other objects, and therefore would not avail themselves of them, but it was held by Giffard, L. 3. that this fact would have afforded no ground for the interference of the court by injunction at the plaintiffs instance, if the company had determined to take his land for purposes duly authorised by the Act under which they were empowered to acquire it: {Lamb v. The North London Railway Company, 21 L. T. Rep. N. S. 98. L. J.I.)

Fire InsuranceAgreement With Agent Foe PolicySubsequent Fire.—B. insured premises in the C. Company through D. an agent, who, without B.'s knowledge, ceased to be such agent, and became agent for the E. Company, and, on B.'s application for a fresh policy, gave him a printed receipt for deposit for a month until the policy could be made out. B. did not at first discover that the receipt was in the name of the E. Company, but when he did he wrote to D. noting the change, and saying that he knew nothing of the E. Company, and should require to be satisfied of its respectability before he could consent to give them the insurance. Before a policy was made out a fire occurred. The E. office had not communicated to B. its acceptance or refusal of the proposal, but refused to pay on the ground that B. by his letter had repudiated the insurance with them. They were justly held to be liable nevertheless: (Mackie v. The European Insurance Company, 21 L. T. Rep. N. S. 102. V.C. M.)


ELEMENTARY PRECEDENTS IN CONVEYANCING, (a) A Collection of practical Forms designed for professional Use, and suited to the Emergencies of actual Practice, with Notes.

(Continued from page 386.) STATUTORY DECLARATIONS (continued).

165. Declaration in proof of a debt to accompany a power of attorney, (b)

Borough of , in the county of , to


I, A. B., of, &c. [declarant], do solemnly and sincerely declare that I carry on the business of a in partnership with C. D., at afore

said, under the style or firm of " A. B. and Co.," and that Messrs. M. N. and Co., of, ice., and the person or persons constituting or composing the said firm are justly and truly indebted to me and my said partner in the sum of £ for [here insert cause of indebtedness accurately and fully, as in a declaration in an action at law] the full particulars whereof, with dates and items are truly and accurately set forth in the paperwriting, or account hereunto annexed, marked A.

(a) By Thomas Wilkinson, Esq., Liverpool.

(b) The power of attorney to which this declaration has particular reference is Precedent 114, supra.

I declare that the pricos charged in the said paperwriting, or account are fair and reasonable, and such as are usually charged by in on

similar transactions, and that the items of disbursement therein mentioned and expressed to have been paid or advanced were paid or advanced as thereby appears. And I declare that the whole of the before-mentioned sum of £ is now justly due and owing to me and my said partner on the account aforesaid; and that neither I nor my said partner, nor any person or persons by our or either of our order, or for our or either of our use, hath or have received any security or satisfaction whatsoever for the same or any part thereof. And I make, 4c. [statutory conclusion].

165*. Declaration by the secretary of a building

society as to change of trustees. I, A. B., of, 4o. [declarant], do solemnly and sincerely declare as follows, that is to say:

1. I am now and have been ever since its establishment at aforesaid, on or about the

day of 18 the secretary of the Per

manent Benefit Building Society, the rules whereof have been duly certified and enrolled according to law.

2. On the formation of the said society, C. D., E. F., G. H., and I. K. were duly appointed trustees of the said , Permanent Benefit Building Society.

3. The said G. H. and I. K. being desirous to be discharged from the office of trustee, respectively held by them in the said society, respectively tendered on the day of IS their resignation thereof, and they respectively thenceforth ceased to be trustees as aforesaid; and at a general meeting of the said society held on the

day of 18 , and convened for that and

other purposes, the said resignations were accepted and duly recorded in the books of the said society, and the said G. H. and I. K. were respectively removed from the office of trustee in conformity with the rule of the said society (a).

4. The said C. D. and E. F. being the remaining or continuing trustees of the said society did by a writing under their hands dated, 4c, in conformity with the rule of the said society, nominate and appoint W. X. and Y. Z., both of, Ac., to be a trustee respectively of the said society in tho place and stead of the said G. H. and I. K. respectively as aforesaid.

5. The said C. D., E. F., W. X., and Y. Z., are the only and present trustees of the said society. And I make, 4c. [statutory conclusion.]

166. Declaration in proof of a death.

I, A. B., of 4c [declarant], do solemnly and sincerely declare that I am the lawful widow and relict of the late B. B., of, 4c, who departed this life at the city of , in the empire of , on

or about the day of , 18 , and was in

terred in the Protestant burial ground at ,

aforesaid, and that I saw the said B. B. when dead, and was present at his funeral. And I make, &c. [statutory conclusion.]

167. Declaration in proof of heirship.

I, A. B., of, 4c. [declarant], do solemnly and sincerely declare and state as follow:

1. That I am now years of age.

2. That on the day of ,18 ,1 intermarried with C. D., of, 4c, Bpinster, and the ceremony was solemnised at the parochial chapel of St. , in , aforesaid.

3. That the certificate hereunto annexed marked "A." is a true and proper certificate of my said marriage.

4. That I had four children by such marriage, and no more—viz., B. B., C. B., D. B., and E. B.

5. That B. B., the first of my said children, was born on the day of , 18 , and died on the day of , 18 , a bachelor, and of full age, and was interred at the parish church of

, in tho same month of

6. That my second child, C. B., was born on the day of , 18 , and died when only

months old, and was interred in the same grave with his brother B. B. shortly afterwards, and that the certificates hereunto annexed respectively marked "B" and "C" are true and proper certificates of the birth and death of my said son C. B.

7. That my daughter D. B. was born on the day of , and died on the day of

,18 , an infant and unmarried, and was interred at the cemetery, at aforesaid,

and that tho certificate hereunto annexed marked "D" is a true and proper certificate of the death of my said daughter D. B.

8. That my fourth child E. B. was born on the

day of 18 , and is the only surviving

child of my said marriage; and the certificate

(a) If the alteration hat* been occasioned by death, this elaurc may be used in lieu of paragraph 3. The said G. H. died on the day of 18 , and the said I. K.

died on the day of Is and such deaths

respectively have been duly recorded in the books of the said society.

hereunto annexed, marked "E," is a trne and proper certificate of the birth of my said son E. B. 9. That my said son E. B. attained his majority on the day of last. And I make, Ac.

[statutory conclusion."]

168. Declaration verifying a certificate of baptism, marriage, or death, and tlie identity of the person named therein.

I, A. B., of &o. [declarant], do solemnly and sincerely declare that the paper writing hereunto annexed, marked A. contains a true oopy of an entry made in the book for registering baptisms [or- marriages or burials1, for the parish of , so far as the same relates to the

baptism [or marriage or burial] of C. D., of &o. [I having, on the day of carefully ex

amined and compared the same with the original entry thereof in the said book (a) j. And [if so] I further say that I knew [or know], and was [or am] well acquainted with tlie said C. D., and that he is the same person as named in the aaid

paper writing (6). And I make, &o. [statutory conclusion.

169. Declaration of tlie truth of a memorial.

I, A. B., of &c. [declarant], do solemnly and sincerely declare that all the statements contained in [or the contents of] the- memorial hereunto annexed, and to which I have subscribed my name, are true. And I make, &c. [statutory couclusior..] {To be continued.)

The Kernel Of The Irish Land Question. —The Post says it is not difficult to see &om ■whenoe the extreme Irish suggestions come, nor to what it is hoped they will tend. The Bomish priests located in Ireland do not regard—never have regarded—the Irish Church Bill as a final measure, or as effecting a settlement of any Irish question. That measure would, if allowed scope and freedom, create religions equality. The Roman Church in Ireland, as elsewhere, abhore religions equality. What they seek is ecclesiastical ascendancy, and, so long as there exists in Ireland a great territorial class attached to the Protestant Church, they never can possess it. The surplus revenues of the disendowed and disestablished Church revert to a considerable extent, in one shape or the other, to the land from which they came, and the land will again voluntarily contribute to the support of a Free Protestant Church. Tlie object of the Roman Catholic clergy is beyond doubt now to obtain the transfer of the soil of Ireland from Protestants to members of their own Church, and they think they see in this manipulation of what is mistakenly called the tenant-right question an opportunity of effecting it. England and an English Parliament can never be at one with them, for the supporters of the Papal system will never be content so long as a Protestant proprietor remains in Ireland.


Compound Interest.—It is stated that Dr. Franklin's gift of lOOOi. to Boston in 1791, which was expected by the donor to increase in the oourse of 100 years to 131,000i. had only up to the beginning of this year (seventy-seven years from the date of the gift) increased to 133,493 dols. 36c. This amount converted into pounds is 27,811. Our readers may be interested to know that the rate at which the 1000?. was reckoned to increase to 131,000(. in 100 years was 51. per cent, compound interest, and that there would then be a margin of SOOi. for slight variations in calculating—the exact amount being no less than 131,500/. At the boginning of this year the amount should have been 42,812*. As it was only 27.81H. it follows that the money has only produced il. 8s. 3JJ. per cent, compound interest. At this same rate the amount will only reach 75,000(. at the end of the 100 years (twenty-three from Jan. 1 last). The full amount of 131,500(. may, however, be realised by obtaining 61.19s. Gd. per cent, compound interest for the twenty-three years.


Disestablishment In Wales.—A petition to the Prime Minister praying that steps may be taken for the disestablishment and disendowment of the Established Church in Wales is being numerously signed in various parts of the principality. The memorialists state that of the present five bishops, one—the Bishop of St. Asaph—is wholly ignorant of tho Welsh tongue, and hoe never been able in such tongue to discharge any function,

(a) This paragraph may be omitted in the case of copies certified by the incumbent. (See 14 & 15 Vict, c. 99, s. 11.)

(b) The register or copy only proves the fact of the baptism, marriage, or death of the person therein named, and is no evidence of the identity of a party ■ (Powell on Evidence, 3rd edit. 420.)

priestly or episcopal, towards the souls of tho Welsh people, and that nevertheless he has received since his appointment above 90,0001. sterling in addition to patronage exceeding that vested in the four English bishoprics of Carlisle, Hereford, Lichfield, and Chichester. The petitioners state that another of their bishops is a Scotchman and that since the accession of the Hanoverian family no Welshman has ever been advanced to a bishopric in his native land.


NOTES OF NEW DECISIONS. Deed Of Assignment Inequality.—The trustees of a deed of assignment made by two partners contracted with certain of the creditors to deal with both the joint and separate estate of tlie debtors in such a manner as to pay all tlie creditors, both joint and separate, 5s. in the pound; and creditors were induced by the prospect so held out to them to assent to the deed. From the accounts annexed to the deed, it appeared that if this contract were carried into effect the joint creditors would gain an advantage over the separate creditors of both partners, and the separate creditors of one partner an advantage against those of the other: Held, that such a deed could not be sustained against an adjudication in bankruptcy against the debtors: (ife Evans ami Euans, 21 L. T. Rep. N. S. 112. Bank.)


The business disposed of to-day was not of a nature to justify a report.

The public sittings for the hearing of applications by bankrupts to pass their examination and for orders of discharge recommenced on Friday.

The courts of the other learned commissioners will not be reopened until November.


[NcvrK.—Tins department of the Law Times beimr open to free discussion on all professional topics, the Editor is not responsible for 0113- opinions or statements contained in it.]

Customary HereditamentsCovemant To Surrender.—I send you below a form of admission of A. B. to certain customary hereditaments, situate within the manor of Langdale, in the county of Westmoreland. A. B., after admission, sold the customary hereditaments to E. F. E. F.'s solicitor prepared a deed of covenant from A. B. to surrender into the hands of the lord the said customary premises to the use of E. F., according to the custom. Upon presenting this deed at the lord's court for the manor of Langdale for admission, E. F. is told by the law steward of the Earl of Lonsdale that his deed is erroneous—that a deed of covenant to surrender only applies to copyholds (an assertion which the form of admission in this case makes me doubt), and will only admit npon the deed being altered from a deed of covenant to surrender into an absolute deed of conveyance of the customary hereditaments, using for that purpose the proper operative words. I shall feel obliged by the opinion of some of your readers (having regard to the form of admission of A. B. given below) as to whether the deed of covenant from A. B. to E. F. to surrender was or was' not the correct mode of assurance in this case, or whether or not the law steward of the lord was justified in insisting upon the insertion in the deed of the before-named alterations before he would admit E. F.

John Wilson.

Manor of Langdale, of the Marquis fee, in the
Baruny of Kendal.

Be it remembered this 23rd Bee. 1785 that A. B. of &c., gentleman, petitioned me, the Right Hon. James Earl of Lonsdale, Ac, Ac, lord of the said manor, and prayed to take of me all that customary messuage, &c, situate, lying, and being in Great Langdale, within the manor or Langdale, of the Marquis fee and yearly customary rent of Id., which are in my bonds upon the surrender of C. D., of Ac, yeoman, whereupon I, the said lord, do hereby admit the said A. B., tenant of the said premises, to hold the same unto the said A. B., according to the custom of the said manor, he yielding, paying, and performing for the same, at the days and times accustomed, all such rente, tines, dues, duties, and services ns are therefore due and payable to me out of the said premises. And the said A. B. having paid to me the said lord a piece of silver called a God's penny, and the sum of 7s. as a fine for his admission, is accordingly admitted tenant of the said premises in manner and form aforesaid. Lohspaxx.

County Court Office, Kendal, 23rd Sept. 1869.

Payment Of Costs.—Whero no agreement is mode as to payment of costs on the letting of a property, and the lessor and lessee employ their respective solicitors, is it the practice for the lessee to pay the lessor's solicitor's costs, as well as those of his own solicitor? And will you

kindly inform me what is the practice in snch a case? 4, B,

Phonographic Deed.—Will any of yonr subscribers kindly inform me if a deed written is phonographic characters would be legal, ind if there has been any decision on that point. Tours, &o. An Articled Cleex

Service Of Articled Clerks.—I should be glad for advice in the interpretation of 6 & 7 Yict c. 73, and the illustrations given to it by the Incorporated Law Society. I wish to take an LL.B. degree at London University. I presume working for the examination, whether in or out of office hours, whether at classical subjects for the matriculation, whether at constitutional or Roman law for the 1st LL.B., or at modern law (equity, conveyancing, &o.) for the 2nd LL.B. examination, could in no sense be termed " employment." by which word I understand "service to another." But could the society, supposing the case were brought formally before them, sanction ths devotion of a portion (say one hour per diem) of sa articled clerk's time to this indirect self professional education? Of course I assume the principal's compliance. Such a degree, taken before execution of articles, would shorten the time of servioe by two years, i.e., two-fifths of the whole time. Could the society then object to two-fifths or less (and in practice it would of oourse be lesi) of tho time of service being devoted to the attainment of the degree. I would also thank my informant if he could tell me anything as to tie advantages or disadvantages of the course I propose to a solicitor. Inplumis.

Professional Honour.—Concluding, from my regular perusal of your able and impartial paper, that you are interested in publishing matters which affect the honour of either branch of the legal profession, I ask the favour of your inserting this letter. I am one of those solicitors who consider their avocation a learned profession, requiring a liberal education, and entitling its membcit to that consideration which is accorded to. and expeoted by, gentlemen of other professions: but if reports be trne a solicitor has met with far different treatment at the hands of the Election Commissioners at Beverley. The Daily Neics of the 27th Sept. sayB: "The commissioners were privately talking over the 'situation,' when Serjt O'Brien, the chief commissioner, remarked that he had noticed some whispering among a number of attorneys and their clerks, and it looked suspicious. Mr. Champney, solicitor, rose and said * he could explain that.' The chief commissioner said ' he would not hear him.' Mr. Champney said 1 he would be heard; and if the commissioner would not hear him he would say it to the public and the press.' The chief commissioner said, 'Ton shall not.' Mr. Champneys: 'But I shalL' The chief commissioner: * Remove him.' Mr. Commissioner Barstow: ' Remove him ;'" and ultimately Mr. Champney had to retire. Now, evaa assuming that there was something suspicious in the whispering, it is difficult to conceive of any circumstance that could justify the commissioners' refusal to hear Mr. Champney's explanation. Suspicion is only surmise, and not knowledge, and therefore a suspected man always has, or oueht to have, an opportunity of exculpating himself before his conduct is censured as being blameworthy; and it is almost impossible to believe that any gentleman (not being a solicitor) would in such a manner have been refused onmission to justify himself from an offence which was only suppositious. "He who strikes should hear." The mere hardship of the case is, however, only a subordinate matter when eomrawi with the disparagement which the Profession may have suffered in the person of one of its members; and I regard it as a matter of importance, not only to solicitors, but also the public, that professional status and reputation should be jealousy preserved, and, if possible, raised. Such "scenes in court," however, as that at Beverley can only have a contrary effect. A Solicitor.


[N.B.—None are inserted unless the mum and address of the

writers are sent, not necessarily for pubheataoa, but fc a guarantee for Oonajlde*.]


96. Affidavits—Sweahikg By Attorkxy Sot Of Rolls.—Can a man who was formerly an attorney but who was struck off the rolls ten Tears ago, and nev«r put on since, now swear people to affidavits in the Queen's Bench? Can such affidavits be used in courts I of law as valid affidavits? And what is the punishm.-a ■ for swearing people to such affidavits, as I presume the party is not now an officer of the Superior Court. *^' K. £. B.

! 97. Copyholds—Admission Of Mortcagk Of .—A-, owner in fee of freeholds and copyholds, mortgaged the ame to B. The mortgage contained a covenant to surrender copyholds to B., but he was never admitted dunn? die lifetime of A. A., by his will, devised his real estate to trustees in trust for his wife for life. The trustees were never admitted to the copyholds, but the wife law been admitted as tenant for life. B., the mortgagee, having demanded payment of his mortgage-debt, th« wife paid the amount out of her own moneys, and the mortgagee has transferred the mortgage to her. She, requiring payment of the money, has applied to C, to advance her the same on transfer of the mortgage, but he refuses to do so unless she procures hid admisnoa on the court rolls; and to do this the steward of the manor states that the trustees must be admitted, then they must surrender to the wife, by three separate surrenders (there being- three properties), and then she most surrender to her transferee. It will thus be seen that the lord of the manor receives the four sots of fees, he baring been paid fees on the admission of the tenant for life (the wife). The opinion of any of your correspondents is kindly requested on the following points:

1. Whether the steward is right in demanding that the wife be attain admitted, she being already on the rolls?

2. Whether the wife can claim from the trustees the fees the may be pnt to in procuring the admission of herself and her tranferee, the covenant in the original mortgage extending to the assigns of the mortgagee?

3. How the udraWem duty should be distributed, there ban? three Beparate copyhold properties and two freehold? W. H.

96. Solicitors Is India.—I am an articled clerk and intend to go out to India as soon as admitted. Will same one be so good as inform me what is necessary to enable a solicitor to practise in India; is anything requisite beyond being admitted in England? What books should I specially devote myself to? Is the expense of linng there any greater than living here? X. Y. Z.

%XlBt0lXS. (Q. 91.) TrrxE Deeds—Security.—This deposit is a good security. An equitable mortgage is created by the deposit of deeds, &c., with or without writing; such a deposit is of itself evidence of an agreement for a legal nwrvage of the estate, of which agreement the creditor m»j avail himself by filing a bill as of an agreement in writuvfor that purpose: (Smith's Conip., 3rd edit., 407.) The word used in the 3 k 4 Will. 4, c. 74, ss. 77, 79,is "deed," The memorandum referred to in this oaery requires no acknowledgement by " B."; it Is, in not. only an equitable undertaking to execute a legal e if required. __ Advocate.

(Q. 92.) Joist Assault Power Of Committing Magistrate To Separate Offence.—I cannot see upon what ground a magistrate in the case stated would he induced or justitred in separating the offence described. An Rated it was most clearly a joint assault, and as such would either amount to a felony or a serious misdemaiaoar, and in either case the party aiding or abetting is liable to be tried, indicted, aud punished us a principal: (24 4 25 Vict. c. 94, ss. 1, 8.) And as Mr. Oke aays (Sjn. p. 151), "where the offence iirises from the joist'act of several persons, each is liable for all the ittueqaences and to the full penalty or imprisonment." Advocate.

(Q. 98.) Articles Of Clerkship—Date.—Must be datea the day of execution: (See form of affidavit, Gray's Practice, 9th edit. p. 491.) Advocate.

— The articles cannot be dated back, although the clerk may have been in the office long prior to their execution, and if A. E. D. will refer to the statute 6 & 7 Vict, c 73, he will find it enacted by sect. 3 "That the fall term of five years must be prospective, and the •nicies must not be ante dated nor executed after the term has commenced." Vide also Wharton's Articled Clerks' Manual, 8th edit., Appendix, p. 633. Thus it is expressly forbidden; the rule being that the service runs from the day of the actual signing of the articles. And this is so clearly established in practice that any attempt to evade it would be extremely dangerous.

W. L. O.


(Q. 85.) Purchase Of Property—Incumbrances.— Though it is only prudent to do so, yet it is not the duty of a purchaser to search for incumbrances, for if it were, the registry would of itself be notice to all the world, but registration is not of itself notice. Notice to bind a purchaser may be either actual or constructive, but a purchaser or mortgagee is not affected by any incumbrance of which he had neither actual nor constructive notice: (Smith'sComp.,3rdedit.,p.822, etseq.)



nationality; or the Law relating to Subjects and Aliens considered with a view to future Legislation. By the Right Hon. Sir A. Cockbubn, Lord Chief Justice of England. London: Ridgway.

(Contvnw&from "page 276.)

The Lord Chief Justice then proceeds to a comparison of this law with the laws of other countries, of which he presents an interesting tbstract, concluding with a resume of the foreign ltws regulating

The Nationality Of Mabbied Women

Before quitting this branch of the subject, it is wowsary to say a word as to tho nationality of ■named women in othar countries. In every country, except where the English law prevails, tie nationality of a woman on marriage merges in feat of the husband; she loses her own nationality, and acquires his; whereas, by the law of England, though, as has already been pointed out,

sinco the Act of 7 & 8 Vict. c. 66, an alien woman marrying a British subject becomes naturalized, an English woman marrying an alien still remains a British subject. The law of America is the same. An American woman married to a foreigner retains her American nationality.

Hence, so long as the common law remained unaltered, arose this singular result, pointed out by Mons. Demangeat in his notes to Eailix. While an English Woman, on marrying a Frenchman, became a French woman, without ceasing to be a British subject, and so acquired a second nationality, a French woman, on marrying a British subject, while she acquired no British nationality, by the operation of the Frenoh law, lost her own, and thus oeased to belong to any nation at all. The latter anomaly has been cured; the former remains.

On the other hand, provision is made in all the continental codes for enabling a woman, whose nationality of origin has thus boen changed into that of her nusband, to resume, if so minded, her original nationality on becoming a widow; on the condition, however, if not resident in the country of origin, of returning to it, for which, in some instances, tho authority of the State is required.

The nationality of a married woman being thus merged in that of the husband, it follows that where nationality is made to depend on descent, the nationality of the father is all that need be looked to, so far as the case of legitimate children is conoerned. On the other hand, the nationality of natural children depends on that of the mother, except, indeed, where, as can bo done by the continental law, as distinguished from that of England, the father by subsequent marriage, or by formal recognition, legitimises the offspring.

Wherever the parents are unknown, they are presumed to have bolonged to the country m which the child is found; so that the child of unknown parents always takes the nationality of the country in which he is first found.

These provisions are common to all the continental codes.

The second chapter treats of Naturalization, upon the law of which there is much conflict arising out of the opposing rights and interests of the individual and the governments. Individuals may and do thus endeavour to escape from their obligations to their own government, and governments are subject to claims for protection against the demands of another state; the principal cause of conflict being the conscription. The result has been that "the mode by which, and the conditions under which, tho second nationality may be acquired, and its effects when acquired, differ in almost every country," causing constant embarrassment. This is a short statement of the principles of

Nattjbalization In England.

In this oountry, naturalization has existed from an early period under two forms. It might be conferred, 1, by the Sovereign by virtue of the prerogative; 2, by Aot of Parliament. Tho first, as distinguished from the second, is known under the name of denization, and persons acquiring the character of subjects under it are termed denizens. When the status of a British subject is conferred by Act of Parliament the proceeding is termed naturalization. Denization can only be effected by letters-patent from the Sovereign; naturalization only by, or under, an Act of the Legislature.

The difference between the two in point of effect is of a substantial character. Denization has no retrospective operation, while by naturalisation, conferred by Act of Parliament, the alien was placed in exactly the same position as if he had been born a subject. A denizen is thus in an intermediate position between an alien and a naturalborn subject, and partakes of both these characters. He may take lands by purchase or devise, which an alien may not; but he cannot take by inheritance; for his parent, through whom he must claim, being an alien, had no inheritable blood, and therefore could convey none to his son. And, on account of a like defect of hereditary blood, the issue of a denizen, born before denization, cannot inherit to him; but his issue, born after it, may. On the other hand, the son of a naturalised subject, though born before the naturalization of the father, could always derive descent through the father, and inherit as though the father had been a natural-born subject.

The position of aliens in this country is anomalous. An alien has unlimited ownership of personalty, but he may not hold real property for more than a term of twenty-one years, and he is therefore incapable of inheriting a freehold. Consequently, he cannot hold it as trustee for another, nor can an alien husband be tenant by the courtesy of the estate of his wife, being a subject. But, otherwise as to personal property, he enjoys the same rights in all respects as does an Englishman. The Lord Chief Justice cites the quaint but noble language of the Statute of the Staple, 27 Edw. 3, s. 12, c. 17,

for the protection of traders who were aliens. It is well irorth extraction.

Merchants of enomies' countries shall Bell their goods in convenient time and depart; no merchant stranger shall be impeached for another's debt, whereof he is not debtor, pledge, nor mainpernor: Provided, always, that if our liege people, merchants, or others, be endamaged by any lords of strange lands, or their subjects, and the said lords duly required fail of right to our said subjects, we shall have the law of marque, and of taking them again, as hath been nsed in times past, without fraud or deceit; and in case that debate do arise (which God defend) betwixt ua and any lords of strange lands, we will not that the people and merchants of the said lands be suddenly subdued in our said realm and lands because of snob, debate, but that they be warned, and proclamation thereof published, that they shall void the said realm and lands, with their goods, freely, within forty days after the warning and proclamation so made; and that in the meantime they be not impeached, nor let of their passago, or of making their profits of the same merchandises, if they will seek them. And in case that for default of wind, ( or of ship, or for sickness, or for other evident cause, they cannot avoid our said realms and I lands within so short a time, then they shall havo ! other forty days, or more, if need be, within which they may pass conveniently with selling their merchandise as aforesaid.

While on British soil an alien enjoys free access to the courts of law, as against foreigners, for wrongs within the jurisdiction, and on contract for causes of action arising anywhere; and as against British subjects for any cause of action, wheresoever arising. He is subject to the bankrupt laws, and entitled to the benefit of them.

The following are the

Incapacities Oe Aliens.

1. They are incapable of any political rights', including that of holding any office of trust.

2. They cannot hold landed estate except for a term not exceeding twenty-one years.

3. They cannot own British ships.

After reviewing the amendments proposed by the commissioners in their report, approving of some, objecting to others, and suggesting alternatives, Sir A. Cockburn thus states the conclusions at which he has arrived as to the

Amendments Required. The results at which we appear to have arrived axe these:—

1. That under a sound system of international law such a thing as a double nationality should not be suffered to exist.

2. That nationality of origin should be derived from descent alone ; except in the case of children born of foreigners domiciled in the country of such childrens' birth—in the first generation, on a claim being made within a fixed period after attaining majority—in the second in the absence of a declaration that they desire not to become subjects. But in both these instances, in order to avoid tho evil of a double nationality, the right should be given only where a corresponding law exists in the country of the foreign parent

3. That it should be free to every one to expatriate and denationalise himself, and to transfer his allegiance to another country.

4. That the effect of naturalization should be to do away altogether with the prior nationality.

5. That emigration with the intention of expatriation and of becoming a citizen of another State should have the effect of putting an end to the relation of subject, unless, prior to naturalization, the party should abandon the intention of becoming naturalized in the foreign country and return to the country of origin with the intention of remaining in it and of resuming the character and status of Bubject.

6. That, though prior residence may properly form an element in the consideration whether a person should be admitted to be naturalized, noabsolute condition should be attached to naturalization, except that of actual bond, fide domicile at the time of admission.

7. That, in respect of civil rights, with the single exception of the ownership of British shipping, for which settled residence, or even a licence, should be required, aliens should be placed on the same footing as subjects, without any reference to the principle of reciprocity.

8. That, as no one should be admitted to be naturalized except suoh persons as intend to settle finally in the country and to identify themselves with its interests, it is advisable to admit the naturalized alien to full political as well as civil rights, on the footing of an ordinary subject, making no distinction between his status as a subject at home and abroad.

9. That the nationality of the children of a person thus changing his country, if born after his naturalization, should follow that of the father. If born before, and minors, they should be subject8 of the new country, with a right, however, of disclaiming its citizenship within a given period. If -of age, but still forming part of the father's family, they should beat liberty, on declaring their desire, to participate in the newly acquired nationality.

10. That the nationality of a married woman should always follow that of the husband, whether original or acquired, but on widowhood a woman should be entitled to resume her original nationality on returning and settling in her former •country.

By a system of law, founded upon and giving effect to these principles, aliens would be placed on the footing which a generous comity should dictate; the inconvenience of a double nationality would be prevented : every one would know where his allegiance was due, without being exposed to the danger of having conflicting claims made on it, and if in need of protection, would know where to look for it; governments would not be troubled by claims for protection involvinsr doubtful and embarrassing questions of nationality; every one would be at liberty to act upon the maxim ttfri bene, ibi patria, and to seek fortune and happiness where he thought he was most likely to find it; and Governments might receive eligible citizens into the community without the fear of troublesome disputes or collision with other powers.

Much of what is here proposed, looking to what is now the law of other nations, might be effected by our own legislation; and the comity which should exist among nations, not merely in the administration of the law, but, as to matters of common interest and concern, in legislation also, would probably induce other States to meet in a corresponding spirit the efforts which Her Majesty's Commissioners wisely recommend to be made to settle this department of international law on principles of reciprocity, and would lead them to assist in bringing uniformity and order into it, so as to prevent the possibility of future dispute or conflict on questions nationality.



"All doubt, and all hope, are now at an end—it is ascertained that the Lord Justice Clerk is no more; and it only remains to recall what he was." With these wordB the Scotsman introduces a memoir, written with a personal knowledge of the late judge, which, after bis melancholy end, will be read with a deep though painful interest:—

George Patton was, we believe, abont sixty-six years of age. He was born in Perth, and educated in part there and in part at Oxford. His father was sheriff-clerk of Perthshire, an office subsequently held by his eldest brother, James. He was called to the bar in June 1828, on the same JrX wit!1 Lor<1 Deas ^ Mr. James Anderson, Q.C. His social position and his Perth connection secured him cases to begin with and an introduction to the profession; and his painstaking industry, burning zeal, and unfailing politeness and kindness to alland sundry secured the goodwill of agents and of clientB, and even of adversaries. His style of speaking was rather vehement and spasmodic and was deficient in moderation and in dignity; but it was full of earnestness, and for the most part showed that he had convinced himself as a preparation to attempting to convince others. It was a style better fitted for the pulpit or a Church Court than for forensic pleading. He had a large practice in railway litigations, and was known in some circles by the name of "Railway Patton." Ho was a Tory in politics, but somehow or other his party neglected him, and allowed him to toil on at his profession without any political recognition or preferment, until in the summer of 1866 they required a Lord Advocate, and his claims were such that they could not be ignored. His Tory predecessor in that office, the M.P., for Bute, had been raised to the bench by the WhigB, and had taken his seat as Lord Mure in January 1865, and Mr. Patton was the Tory advocate whose seniority and extent of practice pointed him out as the right man for that high place. Besides, he was the only Tory advocate in practioe who had secured a seat in Parliament, he being in 1866 M.P. for Bridgewater. But. unfortunately, when he, on his appointment to office, presented himself for re-election at Bridgewater, he was defeated by Mr. Vanderbyl, or by his money, or his friends' money. During his tenure of office he prepared a groat many bills, some of which passed into law. The most important of these are the Debts Recovery Act, and the Acts directing the taking of evidence by the Court of Session Judges, and permitting it to be taken down by a shorthand writer. Nothing was so trivial as to be beneath his attention. He drafted the provisions of Acts of Parliament, but he also read sheaves of certificates in favour of candidates for Crown presentations to parish churches, and puzzled and groaned, as we happen to know, over the rhetorical exaggeratioms and gross suppressions of the truth with which they abounded. Nor

can we forget one graceful little thing that he did, or helped to do, and that was the obtaining of knighthood for the president of the Royal Academy whom we now all take pleasure in calling Sir George Harvey, R.S.A. The elevation of Lord President M'Neill to the peerage was another honour which he probably helped to obtain for Scotland of course not without an ulterior selfish motive, which any man of woman born and in litigation bred may well be excused for having entertained. That event led to his elevation to the chair of the Lord Justice Clerk and the presidency of the second division, in the end of February 1867. He has thus held the important office now fallen vacant by his tragio death for the period of two years and seven months. As a judge, he secured for himself less of that respect and veneration which intellect secures; but if the truth be told, he was far less dreaded than either, and much more liked by a large proportion of the legal profession. The second division was during his reign all but unanimously pronounced to be "a very pleasant court to plead before." No modest, hesitating, young, or tedious old advocate ever complained of being snubbed or " sat" upon by him or extinguished by his questions. His good nature and perfeot politeness never failed. He listened with apparent patience to all arguments (some of which must, of course, have been absurd), and neither pleader nor litigant could leave the court without feeling that all that could be urged, or at least all that was urged, had been listened to with courteous attention, and that he and his brethren on the bench—who worked happily and cheerily with him—had striven to ascertain the best that could be advanced on both sides of the question. His weakness as a judge lay in his inability to perceive logical and metaphysical or quasi - metaphysical distinctions. His strength as a judge lay in his earnest desire to do right, which is, after all, the most valuable and essential of all judicial qualifications. His Oxford education, though it had left him in the dark as to logic and metaphysics, had imbued him with a taste for classical literature and the fine arts. He was, we donbt not, born to be a lover of the beautiful, and his taste in painting, sculpture, and in architecture was naturally excellent, and was highly cultivated. He was his own architect and designer, and had his house beautified with ingenious adaptions of the antique of his own devising. He took a great interest in gardening and in forest trees, and spent a good deal of his vacation leisure in planting and otherwise ornamenting his estate of Cairnies, and his brother's estate of Glenalmond, to which he succeeded only three weeks ago. Personally, he was much liked by all who came near him. His most steady and devoted allies were for the most part men of stronger will than his own; but such was the goodness of his heart that it cost him a pang to do an unkind thing to any human being, and he was always disposed to say a kind word or do a kind action if he possibly could. Those who knew him will never forget his genial smile and frank talk, so far from pride and all sort of arrogant pretension, that if any man was oppressed by a sense of inferiority in his company it was no fault of his. Indeed, he was somewhat too modest and timid, and if that conduced to bring about the amiability of his character it also helped to deprive him of that reputation for capacity of original intellectual effort which can never be justly secured without a considerable strength of self-reliance, and a firm fait I in the light of a man's own thinking as his most available and trustworthy guide in this world of doubt and deception, and all sorts of flattering or terrifying mists and falsehoods. How far his brother's recent death, the rash consequent erroneous public announcement of his own, and the oblique, but offensive, accusations in the course of being made before the Bridgowator Bribery Commission, may have broken in upon the natural timidity of his mind, and overset it, God alone knows. We do not pretend to judge him at all in his last act, but we shall resolutely think of him in death with that large oharity which we are sure in life he always readily accorded to others.



JURISPRUDENCE. On Thursday morning at the aggregate meeting of the members and associates of the Social Science Association at Bristol, Mr. G. W. Hastings delivered his address as president of the Department of Jurisprudence, in the course of which he said that among the branches of moral and economical science which the association pursues, jurisprudencej nstly occupies the first place, inasmuch as all the leading subjects with which the other branches deal, must ultimately find their expressioa in law. All the various questions grouped

under the head of Social Economy are all continually adding to the statute book. Legislation in a free country is the expression of the popular will, and the more completely it is so, the more safe and beneficial will it be. The impulse of i nation, unless in its most evanescent moods, is to work in accordance with the necessities of the age; and though the impulse ma; be blind or unconscious, it is not the less unerring in its aim, for the necessities oat of which it springs ore the silent enduring forces of nature, constant in their operations. These social forces are at work in every nation, at all

G'ods of its history, disintegrating the old, and ding np tho new; and it is the province of Social Science to investigate the origin and nature of the motivo powers which thns act upon society. It has also a more practical work to do in adjusting the machinery of society, so that it may move in harmony with the great necessities that impel its progress, with the wants and aspirations of the people; and this adjustment can be effected only by the instrumentality of law. The whole materia] universe is self-regulated; but when we come to man we find a change. The free will has opened the flood-gates of evil as well as the infinite possibilities of good. Human society has to win its way through toil, privation, and disease, and the manifold evils that grow with the good fruits of man's companionship have to be repressed or regulated by the strong arm of the law. The question of how to adjust the machine of society to the inexorable necessities of its existence is the great problem to be solved by the law. The object of the criminal law is to reduce crime to the minimum point, and thns provide the highest security for life, property, and honest toil; but the intention, however excellent, must fail in its execution if either the law or its administration is ill-adapted to its purpose. The evils that exist are the result of a want of srienuie investigation, and could be wholly eradicated by a proper adjustment of means to the end required. In civil procedure, too, if the process be complicated and costly, if the courts be distant and intermittent, if the law's delay breaks down the weary litigant, the object of legislation is lost. Judicial science is, therefore, needed to prevent procednre from failing of its end. When the question, "What is the law?" is answered by pointing to hundreds of volumes teeming with thousands of decisions, with one-third of which no living lawyer is acquainted, is it not a mockery to speak of the law as an exposition of rights and duties to the people? Yet that mass of chaotic fluidity oould be moulded under 1116 hand of science into a compact and luminous code, the reflection of the national spirit and the object of willing reverence to its justice and wisdom. Looking back to the part twelve months, the members of the association had every reason to congratulate themselves on the results attained. The Evidence Bill had, with slight alterations, passed into law, and so far as civil procedure is concerned, the parties to every suit are admissible as evidence. It now remained for Mr. Denman to vindicate the entirety of Lord Denman's preamble by a measure extending to defendants in criminal cases the privilege of giving evidence in their own behalf. With respect to the law of perjury, above all, the present law is a crying absurdity. The Married Women's Property Bill was successfully conducted through the House of Commons, ana its principle was admitted by the House of Lords. Our jurisprudence is on this point subject to the heaviest reproach that can be made against the law; it is unequal in its dealings, it has one measure for the rich and another for the poor. It is marvellous that such iniquity should yet be retained as law, and no effort should be spared to cleanse the law of England of this blot on its purity and justice. It was satisfactory to know that the Bankruptcy Act of last session had both vindicated the principles and followed the example of the association. It is imperative that the administrators of justice should be handsomely paid, but not extravagantly. The advice of the association had been followed with good effects in the regulation of convict prisons and the treatment of habitual criminals; and it was to be hoped that the county gaols in Ireland, and also in India would be better managed. The representations of the association had been received with great kindness by the late Secretary for India, now president or the association, and by the present Governor-General. The legislation on tie licensing of beerhouses had aroused a hope that great good would result from it, and Mr. Hastings, after referring to the fact that there were a thousand parishes in the provinoe of Canterbury which have no public-house or beerhouse, said that ha was in favour of some measure of stringent repression acting uniformly over the whole kingdom, rather than of sporadic efforts in particular localities. The appointment of a public prosecutor was a growing necessity of our times, and the intervention of such an officer was needed, not only in ordinary criminal cases, but in those gigantic funds »nd organised offences which were the scourge of the more helpless members of society. Hie duty of inquiry into the conduct of elections mijht be safely placed in the hands of a publio prosecutor, and the offence of bribery might be quickly repressed by punishment by imprisonment. The s^eat need of the age was for a oodification of our national jurisprudence, and instead of a cumbrous body of much-occupied dignitaries, a small commission of three of the judges could perform tie work in a reasonable time. The besetting error of every profession was to encrust itself with forms and rules, and thus lose the sympathy of the public, and the only antidote to this failing n> to found all legal usage, and to administer all l^al procedure on the maxim that the law exists for the people, and not the people for the law.


Wills And BEqnESTs.—The will of the late Mrs. Eliza Doncaster, of Winthorpe, Nottinghamshire, who died June 21 last, was proved under liOOW. She has bequeathed to the Medical Benevolent Society 200J.; the Clergy Orphan School, the Society for the Propagation of the Gospel, the Boyal Hospital for Incurables, the Hospital for Paralysis, and the National Lifeboat Institution, each 100(.; and to the Cancer Hospital and the Society for Promoting Christian Knowledge, each JV.—The will of the Bight Hon. James Edmund Baron Cranstoun, of Creeling, North Britain, was proved in the London Court on the 2nd inst.. and the personalty sworn under 45,000!., the executors and trustees appointed being the Bight Hon. Qitabeth Baroness Cranstoun, the relict; Sir Edward Marwood Elton. Bart., and James Marwood Elton, Esq., of Widworthy Court, Devon. The will is made in the Scotch form, bearing date in 1865. His lordship died at his residence, Duncroft Hsuse, St. John's-wood, on June 18 last, aged tirty. He leaves his residence, Dnncroft House, and the furniture to his wife absolutely, together with all property acquired by marital right. His plate he leaves to his brother and successor, the Hon. Charles Frederick, now Baron Cranstoun. He directs his estates to be sold, and after securing the payment of some annuities and legacies, he bequeaths one moiety of the interest arising from the residue to his relict, and the other moietv to his daughter, the Hon. Pauline Emily Cranstoun; and after the decease of his relict, he leaves to his said daughter the

principal for the benefit of herself and issue.

The will of the Bight Hon. Lepel Charlotte Lady Alexander was proved under 70001.; and that of the Hon. Philip Duggan under a nominal sum. —The will of Sir William h Beckett, retired Chief Justice of the colony of Victoria, was proved it the London Court under 90001. personalty in lazknd. The executors appointed are Dame Matilda a Beckett, his relict and second wife, and testator's two brothers, Thomas Turner 1 Beckett and Arthur Martin a Beckett, and Henry Moor, Esq., of Sussex-square, Brighton. The will is dated Aug. 1867, and testator died st his residence, Upper Norwood, on the 27th June last, aged sixty-three. He bequeaths to his wife a legacy of 3002., and the interest from the rest of his property for her life, and after her decease he leaves two-fifths of the principal to his ton Reginald, and the remaining three-fifths between his sons Maluyn and Edward equally. To tli wn Maluyn he has left the gold paper-knife which was presented to him (the testator) by the

attorneys and solicitors of Geelong. The will of

Sir Robert Juckes Clifton, Bart., was proved order 5000!. personalty; and that of Sir William Mm Newton under 4000!. The will of Alexander William Bowland, of Champion-hill, Lower Sydenham, and of Hatton-gardon, was proved under 35,000!. personalty. The executors are Claries Bcntley Bingley, of 185, Regent-street, sal John E. Bennett, of Brunswick - square, Brighton; to each he leaves a legacy of 1001. The will bears date Jan. 28, 1867, and the testator died June 28,1869, aged sixty-one. The testator vas in partnership with his brother (John Henry Bowland), his son (Henry Edward Bowland), and his nephew (John Alexander Bowland), by a deed of 19SG. He directs that his share in the business of manufacturing perfumer shall be purchased by the surviving partners upon terms stated by him. He has divided his property among his sons and daughters in nearly equal snares, excluding therefrom his son Henry Edward, he being provided for Oder the partnership. There are some annuities to be paid to his.two sisters out of his freeWcls at St. Bride's-churchyard, Barbican, and

Greenwich. The will of Walter Stevenson

Davidson, Esq., banker, late of St. James'srtreet, was proved under 400,000!. personalty. ~—The will of the Bight Hon. Caroline Louisa, "Mountess Banelagh, has just been proved,

aider a nominal sum. The will of Sir William

Bowles. K.C.B., Admiral of the Fleet, was proved o London on the 21st instant, and the personalty

sworn under 40,0001. The trustees and executors are his brother, General Sir George Bowles, E.C.B., Admiral Arthur Farquhar, and Thomas Fassett Kent, Esq. The will is dated June 8 last; and the gallant admiral, who entered the navy in 1796, died on the 2nd inst., at the advanced age of 89. Sir William married, in 1820, the Hon. Frances Temple, sister of the late Viscount Palmerston; her ladyship died in 1838. The testator has left to his executor, Mr. Kent, a legacy of 500!.: to the Adult Orphan Institution, 1000!.; to his butler and housekeeper each 100!. a year; and to his coachman and footman, each 50!. a year. He has directed that his estates should be sold, the freehold with the consent of his said brother, Sir George Bowles, and out of the income arising therefrom he leaves to his sister, Anne Fowler, 1000!. a year, and the remainder of the income to his said brother, Sir George; and should his said brother leave issue, then the principal to him and his heirs; but in default of issue, the principal, subject to the payment of annuities, is left amongst several of his (testator's) relatives and friends; and to those charitable institutions to which he had been a subscriber a legacy of 250!. each. The testator has left to his said brother, Gen. Bowles, his residence in Hill-street, Berkeley-square, and his plate, wine, furniture, and other effects absolutely.— Illustrated London News.


professional ^artntrs^ip gissolirtb.

Gazette, Sept. 24.

DlTTON, AMBROSE GIBBONS, and Warminotox, GEORGX SEPTIMUS, attorneys and solicitors. Ironmonger-la. July 31


To surrender at the Bankrupts' Court. Basinghall-street Gazette, Sept. 24. ADEY, BDWARD Lixxell, clerk to a wholesale druggist. Willow

walk, Hornaey. Pet. Sept. IS. Beg. Pepys. O. A. Graham. Sol.

Taylor, Church-row, Islington. Sur. Oct. 5 AXERMAX, Bdward, printer, Leadenhall-st. Pet. Sept. 17. Reg.

Pepya. O. A. Graham. Sol. SnelL George-st, ManHlon-house.

Sur. Oct, 6 Ayhes, Francis, late contractor, Redhill. Pet. Sept. 20. Beg.

Bochc. O. A. Parkyns. Sur. Oct. 7 Brasmixgtox. Thomas, builder, Alexander-ter. Forest-gate, and

Walton-on-Thames. Pet. Sept. 20. Beg. Roche. O. A. Parkyna.

Sur. Oct. 7 Browx, William, dealer In timber, Harrow Weald, near Bushey

heath. Pet. Sept. 18. Beg. Pepys. O. A. Graham. SoL Godlrey.

Hatton-gdn. Sur. Oct. 6 COHXE, SlOISMUXD, late out uf business, Alr-st, Piccadilly, ret.

Sept. Its. Beg. Pepys. O. A. Graham. Sol. Mason, Symond's

lnn. Chancery-la. Sur. Oot 6 Cooper, William, linen draper, Prlnces-rd, Notting-hiU. Pet.

Sept. 21. Beg. Pepys. O. A. Graham. Sol. Noah, Beris-ct,

Baainghall-st Sur. Oct. 7 Da Vies, John, house agent, Boll-yd, Doctor's-commons. Pet.

Sept. 17. Beg. Pepys. O. A. Graham. Sol. Watson, Basinghall

st. Sur. Oot. 6 Dennett. Charles, builder, Lewisham-ter, >'otting-hill. Pet.

Sept. 21. Reg. Pepys. O. A. Graham. Sols. Barton and Drew,

Fore-st. Sur. Oct. 7 Eldriixie. Benjamin, lstc bat manufacturer. Hill-at, Walworth.

Pet. Sept. 30. Beg. Pepys. O. A. Graham. SoL Edwards, Bush

la, Cannon-et Sur. Oct. 7 Blt, Henry, printer, Dorer. Pet. Sept. 18. Beg. Pepys. O. A.

Graham. Sola. Shaen and Boscoe, Bedford-row. Sur. Oot. 7 Ferrario, Charles, general agent, Percy-circus, Pentonvllle.

Pet. Sept. 90. Reg. Pepys. O. A. Graham. Sol. La\* rence, Lincoln's- mn- fields. Sur. Oct. 7 GARRETT, William, accountant, Penton-pl, Kennington-pk-rd.

Pet. Sept. XI. Reg. Pepys. O. A. Graham. Sol. Notluy, Trinity

st, Southwark. Sur. Oct. 7 Henshaw, Richard Thomas, builder. Middle-lo, Crouch-end.

Pet. Sept. 'JO. Reg. Pepys. O. A. Graham. Sol. Biddies, South

sq, Gray's-inn. Sur. Oct. 7 Inder, George, bootmaker, Lfquorpond-st, Gray's-Inn-rd. Pet.

Sept. 21. Beg. Pepys. O. A. Graham. Sol. Watson. Ba^inghall

■-! Sur. Oct. 8 Jacobs, Alfred Bichard. wholesale jeweller, Chcnpeide. Pet

Sept. 19. Reg. Pepys. O. A. Graham. Sol. Green, Cannon-st.

Sur. Oct. 6 Kidmax, WILLIAM H EX BY, grocer, Baher. Pet. Sept. 22. Reg.

Pepys. O- A. Graham. Sol. Greaves, Essex-st, Strand. Sur.

Oct. 8 King. George, builder, Greek-st, Battersea. Pet. Sept. 18. Reg.

BnjuKham. O. A. Paget. Sol. Lawrence, Llncoln's-lnn-flelds.

Sur. Oct. 7

Batment. Frederick Hekrt, cab driver. JuncUon-pl, Kentishtown. Pet. Sept. 22. Beg. Pepys. O. A. Graham. Sol. Berrldge,

Hlgh-st. Maxylebono, and Bicester. Sur. Oct. 7 Taplin, Frederick Richard, and Hance, Francis Arthur,

auctioneers, Stanhope-ter. Kensington. Pet. Sept. 20. Beg.

Pepys, O. A. Graham. Sol. Rigby, Grcshain-st, Bank. Sur.

Oct. 7 Waohorn, Charles James, attorney-at-law, Shard's-pl, Peckham, and Harp-la. Pet. Sept 17. Beg. Pepys. O. A. Graham.

Sol. Turner, Surrey-chambers, Strand. Sur. Oct. 6 Ware, John George, draper. Old Kent-rd. Pet. Sept. 13. Reg.

Pepys. O. A. Graham. Sola. Reed and Co., Greshum-st. Sur.

Oct. 8 Wild. William, laundryman. Upper Lansdowne-rd North,

South Lambeth. Pet. Sept. 22. Reg. Pepys. O.A. Graham.

Sol. Newman, Bucklersbury. Sur. Oct. 8 Wright, Henry, sunreon dentist, Lancoster-rd, Nottlng-hill;

and Grove-ter, St. John's-wood. Pet. Sept. 21. Bag. Pepys.

O. A. Graham. Sol. Clarke, St. Hary's-sq, Paddlngton. Sur.

Oct. 7

To surrender In the Country. AVERT, WILLIAM, innkeeper, North Tawton. Pet. Sept. 31.

Beg. A O. A. Burd. Sol. Floud. Extter. Sur. Oct. 5 Bamfokd, George, baker, Hulme. Pet. Sept. U. Reg. ft O. A

Hulton. Sur. Oct. 9 Banks, William. Innkeeper, Exeter. Pet Sept.21. O.A.Corilck.

Sols. Sanders, Burch, and Barnes, Exeter. Sur. Oct. 4 Barnard, William. Journeyman miller, Bodwardlne, Worcester.

Pet. Sept. 20. Beg. ft O. A. Crisp. Sol. Tree, Worcester. Sur.

Oct. 6 Beer, George Cooper, currier, Wareham. Pet. Sept. 9. O. A.

Carrlck. Sur. Oct. 7 Be Roe R, Maximilian Maurice, out of business, Brighton.

Pet. Sept. 21. Reg. * O. A. Blaker. Sur. Oct. 11 Bluxdex, Philip Procter, grocer, Haselmere. Pet. Sept. 18.

Beg. ft O. A. Brldger. Sol. Geach. Guildford. Sur. Oct. 6 Boyd, Johx White, general merchant, Brighton. Pet. Sept. 21.

R> g. ft O. A. Maker. Sur. Oct 11 Caxn, John James, Newton St. Cyres and Exeter. Pet. Sept.

20. Reg. ft O. A. Sparkcs. Sol. Fryer. Exeter. Sur. Oct. 6 Chester, ALrRED, innkeeper, Wellingborough. Pet Sept 92.

Reg. ft O. A. Burn bam. Sol. Beckle, Northampton Sur. Oct. 6 CRISP, John, dealer In fish, Great Yarmouth. Pet Sept. 11.

Beg. ft O. A. Chamberlln. Sol. Wiltshire, Great Yarmouth.

Sur. Oct. 6 Dietsos, Joseph, lately grocer. Whitehaven. Pet. Sept 20.

Beg, ft O. A. Were. Sol. Mason, Whitehaven. Sur. Oct. 0

DIXON, DONALD, stationer's assistant Newport. Pet. Sept SO.

Beg. ft O. A. Roberts. Sol. Lloyd, Newport. Sur. Oct. 6 Enoleheabt, Francis James, out of business, Seaford. Pet.

Sept. 21. R«>g. ft O. A. Blaker. Sur. Oct 11 Evans, George, hotel keeper, Seucombo. Pet. Sept. 22. O. A,

Turner. Sol. Browne, Liverpool. Bur. Oct. 6 Ex Ley, Benjamin, jun.. tailor, Saltalre-in-Shipley, Bradford.

Pet Sept 21. Reg. ft O. A. Robinson. Sols. Terry and Robinsou, Bradford. Sur. Oct- 8 Fa-stnedoe, Edwin, draper's assistant, Brighton. Pet. Sept. 21.

Reg. ft O. A. Blaker. Sur. Oct 11 Francis, Henry, atonemoson. Relgate. Reg. ft O. A. Head. Sol.

White, Strand, London, and Guildford. Sur. Oot. 5 Gartiiwaite, William, innkeeper, Thornley. Pet. Sept 18.

Beg. ft O. A. Greenwell. Sol. SolkuUl, Durham. Sur. Oct. 5 Gibson. Nicholas, grocer, Newcastle. Pet. Sept. 30. Bag. ft

O. A. Clayton. Sol. Johnston, Newcastle. Sur. Oct 9 Goliohtly, GEORGE, lronfounder. Wolsingham. Pet. Sept. 18.

Reg. ft O. A. Bates. Sol. Dolphin, Wolsingham, Sur. Oct 5 Greenwood, John, waste dealer, Accrington. Pet Sept 15.

Beg. Fardell. O. A. MoNelU. Sur. Oct. 11 Hall, Joseph, jun., chemist Darlington. Pet. Sept. 30. Reg.

ft O. A. Bowes. Sol. Robtna.jn, Darlington and Richmond.

Sur. Oot 7 Haubord, Robert, dairyman, Klng's-cross rd. Pet. Aug. 19.

Reg. ft O. A. Chamberlln. Sol. Cufaude, Great Yarmouth. Sur.

Oct. 4 Habsaxt, Johx, tailor, Redhill, Bcitrate. Pet. Sept S. Reg. ft

O. A, Head. Sol. White, London and Guildford. Sur. Oct. 5 Hendley, William, victualler, Exhall Pet Sept. 1«. Reg.

Tudor. O. A. Klnnear. Sols. James and Griffin, Birmingham.

Sur. Oct. 8 HEHKETn, William, Boor factor, Hulme and Manchester. Pet.

Sept. 30. Reg. ft O. A. Hulton. Sols. Smith and Boyer, Manchester. Sur. Oct 9 Hird. JonN, grocer, Bradford. Pet. Sept 30. Reg. ft O. A.

Robinson. Sol. Hutchinson. Bradford. Sur. Oct. 8 Hudson, TnoMAS, shlpb'oker, Everton and Liverpool. Pet.

Sept. 21. Beg. & O. A. Hlme. Sol. Grocott, Mount-pleasant.

8ur. Oct. 7 Hunt, Jabez, mason. Upper Heeley, Sheffield. Pet Sept. 22.

Keg. ft O. A. Bodgers. Sola. Binney and Son, Sheffield. Sur.

Oct. 13 HYDE, DAVID, victualler. HuddcrsfleM. Pet. Aug. 30. Reg. ft

O. A. Jones. Sol. Sykes, Huddersfield. Sur. Oct. 8 Jacot, Victor Louis, schoolmaster, Brighton. Pet Sept. 21.

Reg. ft O. A. Blaker. Sur. Oct 8 Jones, Charles Merriman, out of business, Brighton. Pet.

Sept. 21. Reg. ft O. A. Blaker. Sur. Oct. 8 Jones, Hugh, commission agent Huyton. Pet Sept 22. O.A.

Turner. Sol. Worship. Liverpool, Sur. Oct. 8 Kaerns, Michael, fruiterer. Upper Hadderidge, Burslem. Pet.

Sept. 20. Beg. ft O. A. Challinor. Sols. Messrs. Tomlclnson,

Burslem. Sur. Oct 16 Kelly, William, draper, Liverpool. Pet. Sept. 15. Beg. & o. A.

Hlme. Sur. Oct. 5 Lloyd, David, saddler, navertordwest. Pet. Aug. 26. Reg. ft

O. A. Summers. Sol. James. Sur. Oct. 9 Mansford, Tate, commission agent Brighton. Pet. Sept. 21.

Reg. ft O. A. Blaker. Sur. Oct. 11 MAnc.Eitisox, Edmund, shuttle and bobbin maker, Preston.

Pet. Sept 15. Reg. Fardell. O. A. McN-M. Sur. Oct. 5 Martindale, James, victualler, Liverpool. Pet Sept 15. Reg,

ft O. A. Hime. Sur. Oct 5 MERCER, PETER, grocer, St Helen's. Pot. Sept 22. Reg. ft O.A.

Ansdell. Sol. Thornley, Liverpool. Sur. Oct. 6 Merrick, John, carpenter, Birmingham. Pet. Sept. 15. Reg. ft

O. A. Guest. Sol. Parry, Birmingham. Sur. Oct. 8 Moyes, John, commerc ul traveller, Newcastle. Pet. Sept. 20.

Beg. ft O. A. Clayton. So). Wallace, Newcastle. Sur. Oct. 9 Nash, Charles Llewellyn, victualler, Cwmburlo, near Swansea. Pet. Sept 9. Reg. ft O. A. Morris Sur. Oot. 7 Oldham, Thomas, commission agent Manchester. Pet. Sept. 22.

Reg. Fardell. O. A. MoNelll. Sols. Boote and Rylance, Manchester. Sur. Oct. 21.

Osborne, William Henry, and Bates, John, shipbuilders.

BrlTham. Pet Sept. 20. O. A. Corriok. SoL Floud, Exeter.

Sur. Oot 4 Powell, Samuel, and Carr, Arthur, merchants, Birmingham.

Pet. Sept. 15. Reg. Tudor. O. A. Klnnear. Sols. James and

Griffin, Birmingham. Sur. Oct 9 Pullan, James, builder, Beeston. Pet Sept 21. O. A. Young,

Sols. Middleton and Son, Leeds. Sur. Oct. 4 PYE, Alice, victualler, Liverpool. Pet Sept. 15. Beg. ft O. A.

Hime. Sur. Oct. 5 Rawson, HENRY, labourer, Wlnkburn. Pet Sept 21. Reg. ft

O. A. Newtou. Sol. Ashley, Newark. Sur. Oct. 6 Roberts, ROBERT, joiner, Llandudno. Pet Sept. 20. Reg. &

O. A. Hughes. Sol. Jones, Conway. Sur. Oct. 11 Robson, John, jun., innkeeper, Durham. Pet Sept. 20. Rex.

Gibson. O.' A.! Landman. Sola. Watson, Durham, or Hoyle,

Shipley, and Hoyle, Newcastle. Sur. Oct. 15 RUDD, John, innkeeper, Mlddlesborough. Pet. Aug. 21. O.A.

Young. Sur. Oct 4 Sackett, WILLIAM, hawker, Brighton. Pet. Sept. 21. Reg. ft

O. A. Evershed. SoL Mills, Brighton. Sur. Oot. 11. Sheen, Benjamin, wheelwright Wycombe Marsh. Chepping

Wycombe. Pet Sept 17. Reg. ft 0. A. Parker. Sol. Spioer,

Great Marlow. Sur. Oct 6 SiMMOXDs, Herbert, beerhouse keeper, Aberystwltb. Pat.

Sept. 1. Beg. ft O. A. Jenkins. Sol. Attwood. Sur. Oot. 6 SMITH, Steven, victualler, Tranmere Pet. Sept 15. Reg. ft

O. A. Wason. Sol. Downham. Birkenhead. Sur. Oct. 6 Spafford. John, butcher, Nottingham. Pet. Sept 18. Beg. ft

O. A. Patchitt. Sol. Cowley, Nottingham. Sur. Oct 6 SPEins, Ann, stationer, Birkenhead. Pet Sent. 21. Reg. A O. A.

Wason. Sol. Anderson, Birkenhead. Sur. Oct. 6 SWEEXY, THOMAS, fish dealer, Msnchester. Pet. Sept U. Bar.

ft O. A. Kay. Sol. Elllthorne. Manchester. Sur. Oct, 7 Taylor, Thomas, fruiterer, Chestorheld. Pet. Sept. 14. Reg. ft

O.A. Wake and Waller. Sol. Gee, Chesterfield. Sur. Oct 12 Terrey, Leichton. out of business, Lewes, Pet. Sept 21. Bag.

ft O. A. Blaker. Sur. Oct. 11 Towxsend, William, butcher, Attlcborough, near Nuneaton.

Pet. Sept. 16. Beg. Tudor. O. A. Kinuear. Sols. James and

Griffin, Birmingham. Sur. Oot 8 Tcxford. Frederick, out of business, Brighton. Pet Sept. 21.

Beg. ft O. A. Blaker. Sur. Oct. 11 Wakeman. Thomas Sutton, fancy goods factor, Islington,

Birmingham, and Edgbaston, Pet. Sept. 16. Beg. Tudor.

O A. Klnnear. Sola. James ft Griffin, Birmingham. Sur.

Oct. 8 War Burton, William, coal merchant Sturton. Pet. Sept. H.

O. A. Young. Sots. Grinsford and Bramley, and Smith and

Burdekln, Sheffield. Sur. Oct. 6 White, Jons Joseph, late commercial olerk, Brighton. Pet.

Sept. 21. Reg. ft O. A. Blaker. Sur. Oct 11 Wilde, William, hatter, Hulme. Pet. Sept li. Reg. & O. A.

Hulton. Sur. Oct. it Williams, Alfred Spencer, chemist Abereman, near Abordare. Pet. Sept. 10. Beg. Wilde. O. A. Acruman. Sols. Hen

derson and Salmon, Bristol. Sur. Oct. 8 Williams, William Henry, ootton dealer, Liverpool. Pot.

Sept. 18. O. A. Turner. Sol. Etiy, Liverpool. Sur. Oct. 5 Wood, George, hay dealer, Ingatestone. Pet. Sept SO. Reg. ft

O. A. Gepp. Sol. Brown. Br»ntwood. Sur. Oct. 4 When. Charles, hotel manager, Everton. Pet Sept 15. Bee.

ft O. A. Hlme. Sur. Oct. 5 YOUNG, ALFRED, ink manufacturer, Liverpool. Pet 8ept. 20.

O. A. Turner. Sur. Oct. 8 Younc. Henry, shoemaker, Bamsgate. Pet Sept. SO. Reg. ft O. A. Snowden. Sol. Towne, Margate. Sur. Oct. 8

Gazette Sept. 28. To surrender at the Bankrupts' Court Boslnjrhall-street. AFPLEFORli, \WlLLIAM, assistant to a drnp«r, Cheshunt Pet.

Sept 24. Reg. Pepys. O. A. Graham. SoL Coooke, Greaham

bldgs. Sur. Oct. g Barbett, Thomas Allen, solicitor's olerk, Paddlngton • at,

Marylebone. Pet. Sept 24. Beg. Pepys. O. A. Graham. Sot.

Barton, Forest. Sur. Oct. 12 Bayley, William Biciifohd, eating-house keeper, Hlgh-st,

Stratford. Pet Sept. 24. Beg. Pepys. O. A. Graham. Sol.

Layton. Nararino-cottage, Bow-rd. Sur. Oot 8 Ueeson. ROBERT, builder, Lennox-nl, Holloway. Pet Aug. 27.

Reg. Roche. O. A. Parkyna. Sols. Lewis, Munns, and Co., Old

Jewry, Sur. Oct IS Bottom, Francis, bricklayer, Watford. Pet. Sept 25. Beg.

Pepys. O. A. Graham. Sol. Steadman, London-walL Sur.

Oct 12 BRETON, Charles Robert, deolorln bread. Frier-st, Blackfriars

rd. Pet. Sept 22. Rett. Pepys. O. A. Gmham. Sol. Marshall,

Lincoln's.inn-fields. Sur. Oct. 8

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