with the several provincial law societies, on such Coverdale, Mr. W. Loxham Farrer, Mr. John Irving
matters as seemed requisite for the general interest | Glennie, Mr. Alexander William Grant, Mr. John S.
of the Profession.
Gregory, Mr. Richard Harrison, Mr. Bryan Holme,
Mr. George H. Kinderley, Mr. Germaine Lavie, Mr.
Edward Lawford, Mr. William Lowe, Mr. Robert
W. Lumley, Mr. Thomas Metcalfe, Mr. Edward L.
Pemberton, Mr. John Innes Pocock, Mr. Charles
Shadwell, Mr. John J. J. Sudlow, Mr. William
Tooke, Mr. Richard White, Mr. Robert Whitmore,
Mr. Edward A. Wilde, Mr. Thomas Wing.
The following are the Auditors :-

Their attention having been called to a projected Company for executing Trusts, under wills and settlements, which was about to be chartered, the council directed a caveat to be entered, and a copy of the proposed charter to be obtained; but on ascertaining the terms of the charter, it was not deemed requisite to offer any opposition, and the caveat was withdrawn.

advertising for briefs or applying for hire? Nothing but this-that the latter is general, whilst the circular applies directly to the party addressed; the one may pass over unnoticed by those interested in the matter-the other comes directly home to them. I doubt not these immaculate "confiders" would be duly horror-struck at the idea of the advertisement"Wanted, a few briefs, by a barrister having a little spare time on his hands, and who thoroughly understands his business. Those who may entrust him with their commands may depend on a consistent with the customs of the Bar' will be made to ensure success. References to se

The examination of candidates for admission has been conducted in the usual manner; but a smaller number of candidates have presented; themselves during the past than in any former year; 346 were SOCIETY FOR PROMOTING THE AMEND- veral Queen's counsel, judges, attorneys, soliciexamined, and of these, 37 were not passed, thus reducing the number in four terms to 309.

Mr. James Leman, Mr. William Sharpe, Mr. Wil- careful attention being bestowed, and every effort liam Woodrooffe.

The business of the Annual Registration of Attorneys proceeds satisfactorily; and it affords great facilities in ascertaining who are entitled to practise, and in checking to a considerable extent the encroachment of unqualified persons.

Under the authority of the Charter and Bye-laws, the council proceeded to settle the Regulations for conducting the business of the Society in its various departments; and these regulations, with the Charter and Bye-laws, have been printed. They have also re-printed the rules and orders of Court, and the recent Acts relating to attorneys and solicitors; and the future rules and orders will be printed and circu

lated in the same form for the use of the members.

The lectures have been continued, as heretofore, on conveyancing; on common law and criminal law; and on equity and bankruptcy; and have been well

attended.

Additional purchases have been made to the library to the amount of 3111. 19s. 6d. ; and various donations of works have been received from their respective authors, and from several members of the Society, a list of whom is in the library.

The accounts for the past year have been examined by the auditors; and their report, which has been open for the inspection of the members since the 15th of April, will be submitted to the general meeting for approval.

Pursuant to the bye-laws under the New Charter, the council have agreed to let the rooms, cellars, and premises occupied by the club for the use of the members thereof, as tenants from year to year, subject to the rules and regulations submitted to and approved by the council, it being agreed that the council shall have power to determine the tenancy by giving six

Resolved,-That Samuel Amory, Thomas Clarke, Richard Harrison, Bryan Holme, Edward Lawford, Robert Wheatley Lumley, Thomas Metcalfe, Charles Ranken, Charles Shadwell, and Richard White, be and they are hereby deemed and declared to be elected Members of the Council, in lieu of those who go out of office by rotation.

That Germaine Lavie be and he is hereby deemed and declared to be elected a Member of the Council, in lieu of John Teesdale deceased.

That Edward Rowland Pickering be and he is hereby deemed and declared to be elected President of the Society.

That Charles Ranken be and he is hereby deemed and declared to be elected Vice-president of the Society. That James Leman, William Sharp, and William Woodrooffe, be and they are hereby deemed and declared to be elected Auditors of the accounts of the Society.

Read the report of the council. Resolved, That the report be received and entered on the minutes.

That such parts of the report as the council think fit be printed for the use of the members. Read the auditors' report of the accounts of the Society from the 31st December, 1844, to 31st December, 1845.

Resolved, That the auditors' report be approved and signed by the chairman.

Resolved,-That the best thanks of this meeting be offered to those members of the Society who have so handsomely presented gratuitously their shares in the property of the Society, under the late charter.

(Signed) MICHAEL CLAYTON,

President.

And Resolved,-That the cordial thanks of this meeting be presented to Mr. Clayton for his able conduct in the chair.

(Signed)

R. MAUGHAM, Secretary.
The following are the council:-
President.-Mr. Edward Rowland Pickering.
Vice-president.-Mr. Charles Ranken.
Mr. Samuel Amory, Mr. Benjamin Austen, Mr.
Robert R. Bayley, Mr. Edward Smith Bigg, Mr.
Thomas Clarke, Mr. Michael Clayton, Mr. John

MENT OF THE LAW.
General Meeting, July 15, 1846.

Mr. Commissioner FONBLANQUE in the chair.
The minutes of the last meeting (the 1st inst.)
were read and confirmed. The following members
were ballotted for and elected:-William Marratt,
esq. solicitor, Thomas Metcalfe, esq. solicitor, John
Lewis Prevost, esq. John Abel Smith, Esq. M.P.
Samuel Jones Lloyd, esq. as representing Jones,
Lloyd, and Co.; Bazett David Colvin, esq. and the
Rev. Charlton Lane, M.A.

It was resolved, "That a committee be appointed
to consider the best means of extending the range of
the Society's operations, to consist of the following
members:-The Earl of Devon, Lord Nugent, Mr.
Commissioner Fonblanque, Mr. Commissioner Fane,
Mr. Ewart, M.P. the Hon. E. P. Bouverie, M.P.
Mr. Pitt Taylor, Mr. Symonds, Mr. Neale, Mr.
Edward Cooke, Mr. Webster, Mr. Thomas Parker,
Mr. Wilson, Mr. Ashton Yates, Mr. Ingram Tra-
vers, Mr. Vizard, and Mr. James Stewart.
The report of the Committee on the Law of Pro-
perty on the following reference: "To consider whe-
ther, in connexion with a General Register, the prin-
ciples of insurance of titles might not be introduced,"
was referred back to the committee to consider whe-
ther any and what alterations in the law were neces-
sary, in order to carry the proposed plan into effect.

General Meeting, July 29, 1846.
WILLIAM EWART, Esq. M.P. in the chair.
The minutes of the last meeting (the 15th inst.)
were read and confirmed. The following members
were ballotted for and elected :-Arthur Kett Bar-
clay, esq.; W. G. Prescott, esq. banker; and Joseph
Travers, esq. A communication from Mr. Garrard,
solicitor, as to the state of the Court of Chancery,

was read.

Adjourned till Wednesday, the 12th of August, at half-past four o'clock precisely.

CORRESPONDENCE.

PROFESSIONAL MALPRACTICES.
TO THE EDITOR OF THE LAW TIMES.

all

tors, &c. &c. It may be sated that the adver
tiser has taken his degrees at one of our Universities,
and has been called several years;" or at the plying,
as Punch some time back depicted it-" Want a bar
rister, Sir? - Barrister, Sir? here you are-now's
your time!" and yet such men as these are actually
playing dirtier tricks than any of these-quietly_and
treacherously undermining their brethren of the Bar.
Surely, Sir, hugging attorneys is nothing to this; for
that does not go the length of begging business as
this does. I need not endeavour to prove it unpro-
fessional, the covert way in which it is done clearly
demonstrates the consequences are very clear; the
benchers of the Inner Temple have already summoned
one gentleman, who has figured in this style, before
them, and disbarral is expected to be the effect of a
repetition of the offence, when laid before the Bench.
But now for a touch at the members of that branch
of the Profession with which I am more immediately
connected, who carry on this improper plan: the one
I forward herewith is a specimen-a more perfect in-
sult to any one of the slightest degree of gentlemanly
feeling cannot well be devised. Does Z think that, if
I have a particle of honesty about me, I would confide
the interests of my clients and of myself to such a re-
spectable practitioneras himself? Does he think I would
barter those interests for my own instruction? Or does
he think that I should look out the most proper man
for the purpose, without regard to personal advan-
tage? These questions carry their own answer, I
shall not therefore attempt one; but merely add, that,
if this be wrong in barristers, it clearly is the same
in attorneys; they are covertly interfering with
others, and playing equally dirty tricks. In a bar-
rister, hedged in as he is with etiquette, it certainly
stands forth more prominently; but, in an attorney,
is it not teaching the young articled clerk the way he
should not go? Is it not at once bringing him into
contact with the lowest of his Profession? And can
we be afterwards astonished if he does not hesitate at
taking the lowest and meanest advantages, both of his
client and of his opponents? I must add, in fairness,
that the one I inclose is the worst of the kind; but
for that reason I venture to make it known, as show-
ing the lengths to which the system leads. One of
them, lithographed (showing the wholesale nature of
the proceeding), refers me to a “Mr.J." at Saunders
and Bennings, 43, Fleet-street; the letter bears a
very suspicious resemblance to one in the third vo-
lume of the Law Times, p. 191, cc. 1 and 2; is it the
same?
I am, Sir, yours, &c.

A CANDIDATE FOR THE NEXT EXAMINATION.
London, Aug. 5, 1846.

(Copy.)

"A Solicitor of respectability and experience prepares Gentlemen for the Examination on a plan which is unfailing of success, tho' requiring only moderate industry.

"No pecuniary return is expected from Gentlemen who will become country practitioners. "Address Z., Pigott's Library, Kennington-gate."

SIR,-Your columns being always open to all instances of professional malpractices, I venture to forward to you the enclosed-one of a numerous class of offenders, including in its ranks two members of the Bar-who have, in the most polite and gentlemanly manner, forwarded a statement of their peculiar advantages for carrying on the system of cramming for the examination of articled clerks. No sooner does the list make its appearance, than these harpies flock down, and carefully take each new name, and forthwith they forward their circulars; are, if you may believe them, very respectable and experienced; in some the fees are very moderate, and can be made contingent on the student's success, if required." (A form strongly to be recommended to the "no cure, no pay" doctors, mutatis mutandis.) TO THE EDITOR OF THE LAW TIMES. Others have "prepared upwards of three hundred SIR, I have lately been reading the first volume of and ten gentlemen," and "continue to receive "Lord Campbell's Lives of the Chancellors," and in pupils.' This form is very suitable for schoolmasters the 275th page of that volume find the following paraand others of that elementary branch of education. graph:- The qualifications of the Chancellor now Others, again, "confidentially communicate," that became of great importance to the due administration they "systematically read (both privately and in class) of justice, not only from the increase of his separate with gentlemen both before their examination and jurisdiction, but from the practice for the common after, &c.;" and "their method of study fully justify law judges, when any question of difficulty arose bethem in offering assistance for as moderate a remu- fore them in their several Courts, to take the advice neration as the custom of the Bar will admit." This of Parliament upon it before giving judgment. In a last is particularly recommended to advertising bar- case which occurred in the King's Bench, in the 39 risters, i. e. such of that branch of the Bar as Edw. 3, Thorpe, the chief justice, says, Go to the are desirous of whitewashing their consciences with Parliament, and as they will have us do, we will, and an appeal "to the customs of the Bar," at the same otherwise not.' The following year Thorpe himself, time that they proclaim, by the heading "confiden-accompanied by Sir Hugh Green, a brother judge, tial communication," that they are fully aware of the went to the House of Lords, where were assembled dangerous position in which they would stand were twenty-four earls, bishops, and barons, and asked their circulars to be published, as they deserve. them, as they had lately passed a statute of jeofails, Surely a barrister-qua barrister-can do no wrong! what they intended thereby? Such questions, which Then why, with such cowardice, do your acts under were frequent in this reign, must have been answered a veil?-which, by appealing to the generosity of the by the Chancellor." To this paragraph the learned party addressed, prevents that exposure of the actual author has appended the following note:-" If the party committing such flagrant breaches of profes- Lords were still liable to be so interrogated, they would sional etiquette which their conduct clearly merits. not unfrequently be puzzled, and the revival of the For myself, I feel that no terms are to be kept with practice might be a check to hasty legislation." such parties, and therefore, while I may not declare the name, I feel I am quite justified in showing up the conduct. What is the difference between this and

Now Sir, in my humble opinion, I really consider that in the last paragraph, Lord Campbell has applied the rod to his own back, and not merely lashed him

"W. R." thus comments on the changes effected and threatened in the law and practice of convey- 241. ancing :

A correspondent of the LAW TIMES, in one of its former numbers, has, I believe, answered the like inquiry now made by "an Old Subscriber," arising under Lord Brougham's Act "to facilitate the conveyance of real property," on the point raised with respect to the progressive duty; but not being able at this moment to refer to the number containing the answer, I venture to state my view of the Act in reference to the point in question.

The Act, whether framed by his lordship or not, carries sufficient marks on the face of it, and of its schedules, to shew that it was prepared by a mind accustomed to analytical science, as the Satisfied 246. Terms Act has been said to have been the lucubra. tion of a metaphysician, affording an example of the saying that "nothing is but what is not." As the mathematical sciences proceed on surer grounds than mere speculative theory, so perhaps there is less reason for doubt in regard to the more important statute of the two. Its mathematical formation appears in

the "directions" in the second schedule. There the 249. NEXT OF KIN of ROBERT SALMON, late of Hexham. rape, the learned judge who presided (Mr.

require confirmation that the property is to be held
upon the same trusts as are in the deed by which
they were originally created, as if the same were in
such transfer repeated or re-enacted; yet it has never
been considered that the progressive duty attached
upon the words to which that reference applies, and 254.
for the obvious reason that by the Stamp Act no
"matter" but such as is put or indorsed upon every
deed is recognized in the ascertainment of that stamp
duty. The Act under consideration states that the
prescribed short forms are only to have the same
effect and be construed as if the deed contained the
longer forms; but, as far as regards the stamp duty,
the Act regulating it enacts expressly that the pro-

a committal for contempt on a similar charge. | tion that in the particular case the learned
We think it was Mr. Baron PARKE who some Judge was right in his conclusion that the
time since adopted the practice which Mr.
Baron PLATT has now followed.

But, after anxious consideration of the subject in all its bearings, we are compelled to the conclusion that the practice is one of very questionable right, and very doubtful expediency. It seems to us fraught with danger to the subject, unconstitutional, and unjustifiable. Of its legality we have some doubt, but the difficulty is to determine how it could be contested. The definition of contempt is lodged in the bosom of the judge. It is enough, in plea to an action for the imprisonment, or on the return to a habeas corpus, to allege that the prisoner was committed for contempt, and if no description of the nature of the contempt be introduced, the answer is complete. It is the privilege of every Court to have power to preserve order; committal for contempt is the mode of exercising this privilege; each Court must determine for itself what is a contempt. But withal we cannot help thinking that there must be somewhere a remedy for an abuse of this privilege. If not, the boasted liberty of the subject is a shadow; if a judge can at any time, on his own construction of a contempt, commit to prison any witness brought before him, it is plain that liberty has no stronger safeguard than the honesty of judges, and as we have had bad ones before, who can say that we may not have them again?

But if it be that such a power really belongs to the judges-that they are invested with so despotic a privilege-is it one that ought to be left to them unrestricted? In truth, this question is of vastly more importance to the public than the great privilege questions of the House of Commons. The latter was likely to affect only a few; in the former, every man and woman in the land is interested, for all are liable at any moment to be called into the witness-box, and subjected to be sent to prison at the will of the judge, without cause assigned, without trial, without appeal, and without redress.

It is an opinion long entertained, and confirmed by daily experience, that magistrates witnesses he committed for contempt had been misunderstand their duties in the investigaguilty of perjury. But what, if it should turn tions that precede the committal of a prisoner out that they had been the witnesses of truth for trial on a charge of felony. The prevaafter all; that the main fact of their story, lent notion is, that they have only to see that that which alone they came to prove, was a prima facie case is made out, and to bind strictly true; and that they were not guilty of over to appear only such witnesses as prove wilful perjury? What, then, will be said of the case against the prisoner. this arbitrary power? How, then, will it be justified? Yet is it more than probable that in this instance (we believe it is the second only), in which the Judge has taken upon himself to determine the question of guilty on his own view, the parties he has so severely punished will be proved to be innocent! The very possibility of such an error of judgment is sufficient to condemn the practice. Its actual occurrence will so prove its danger to the liberties of the subject, that it will be suppressed by the unanimous verdict of public opinion.

But we apprehend that their duty is properly by no means limited to this; that they ought to know nothing of "prosecution" or "defence," "prosecutor's witnesses" and "prisoner's witnesses." Their province is, as impartial judges, to hear all that belongs to the crime and its detection; to investigate the whole matter; to examine witnesses on both sides who speak to the transaction; and that it is their duty, as it certainly is the dictate of humanity and justice, to send before the superior Court every person who gives any testimony relevant to the crime, whether it be against or in favour of the priBe it well understood that we have written soner, and so that the jury may be enabled this, not by way of complaint of the conduct fairly to decide upon the merits of the entire of Mr. Baron PLATT in the particular in-matter. stance, but in opposition to a practice which we And in this view we are glad to have the believe to be fraught with wrong, based upon sanction of Mr. Baron ALDERSON, from whom injustice, dangerous to the subject, and in we once heard, on the Western Circuit, an violation of the principles of the constitution. observation in substance like the following. It is a question of vast moment, not merely to Prisoner's counsel having complained that a the Profession, but to the public; and it is the witness brought before the magistrates by the duty of all the guardians of the liberties of the prisoner, to disprove the charge, had not been people, and especially of the lawyers, to enter their solemn protest against this practice of summarily committing for contempt a witness whom a judge or a jury may choose not to believe.

NOTES UPON CIRCUIT.
COMMITTALS-DUTIES OF MAGISTRATES.

THEY whom business or curiosity may have
led to watch the proceedings of our Criminal
Courts, must have remarked the frequency
with which the counsel for prosecutions, and
even the presiding judges, comment upon the
omission of the prisoner to call witnesses in
disproof of certain facts stated or inferred
against him, urging such absence of contra-
diction as evidence of the truth of the fact so
left unanswered. "Why is not JOHN SMITH
put into the box?" is one of the stock
phrases of the Bar and the Bench.

Undoubtedly the power belongs, and properly belongs, to a judge to commit for contempt the disorderly the disobedient-those who refuse to submit themselves to the jurisdiction of the Court. Inasmuch as it is necessary that witnesses should answer the ques- The argument in a civil cause is unanswertions put to them, it is a contempt to stand able. Where a man has the ability to refute, mute or to prevaricate, because these impede not to contradict is tacitly to admit. Very the business of the Court. But does the same different is it in criminal cases. There the argument extend to the case of perjury, actual parties stand before the Court on very unequal or assumed? Perjury is a crime upon which terms. On the one side is the prosecutor, the law has imposed a penalty. It is to be often wealthy, always backed by the public strictly proved, according to the rules of law, purse. On the other is the prisoner, usually a before that penalty can be inflicted. But what poor man, always thrown upon his own reis the effect of the summary proceeding taken by Mr. Baron PLATT? The party is condemned without trial, and punished without opportunity afforded for shewing his innocence. Whatever the judge chooses to consider perjury is visited with instant vengeance.

The Cadis of Persia are not vested with a power more despotic, more extravagant, or more incompatible with free institutions.

sources for his defence. In utter oblivion of
what poverty means, the taunt is heartlessly,
wrongfully insinuated, "why is not JOHN
SMITH here?"

bound over to appear, and, consequently, that the prisoner was unable to produce him at his own cost, the magistrates' clerk remarked that he was not sent up because he was a witness for the defence. Whereupon the learned Baron, with generous indignation, exclaimed to this effect:"What have the magistrates to do with the prosecution or defence? It is their duty to examine into the whole matter, and not to make out a case; and they are bound to send up here every witness who speaks to the transaction, whether his evidence tells for the prisoner or against him. It would be the height of injustice to compel poor men to bring up witnesses who can prove them innocent against a charge supported at the public cost."

We cannot pledge our memory to the very words, but that was the substance of his observations. And every day's experience shews the justice and propriety of the practice so alleged to be the law, by the repeated instances of grievous wrong resulting from the opposite practice.

Earnestly do we recommend the subject to the serious consideration of magistrates and their clerks.

REGISTRATION APPEALS, &c. THE Appeals of the last year are now ready in Nos. 4, 5, and 6 of Cox and Atkinson's Registration Appeal Cases, or forming part 2. Parts 1 and 2, sewn in a double part, with index, contain all the appeals determined to the present time, price 10s.

For what does the expression imply? Put into plain terms, it runs thus :-Why did not Nos. 17 to 20 of Cox's Criminal Law Cases the prisoner, who earns seven shillings a week, will be ready next Saturday, forming Part 5. and therewithal supports seven children, em- The index to the first volume, now completed, ploy an attorney, pay the cost of conveyance is in the press. These reports have been cited and maintenance of witnesses for a week at the throughout the new edition of Roscoe's Crimiassize town, with five shillings a day to each nal Evidence. for his loss of time?

We have seen so many cases of grievous injustice resulting from the inability of prisoners to bring up witnesses in their defence, that any proposition for redress deserves attention. Manifestly there is moral if not legal wrong somewhere, and if the Law cannot provide a remedy, the Legislature should do so.

But there is a consideration which should make even the learned judge pause before he repeats the practice. The process is for contempt. The power of committal for contempt is not limited to the assize courts, it belongs to all courts legally constituted. Therefore what Mr. Baron PLATT can do, may be done, upon the same plea, by every Quarter Sessions Court, Small Debts Court, or Magistrate's Court in the land. Who would be safe, if the example set at Exeter be followed by tribunals less satisfactorily presided over? Would the judges, we ask, entrust the power they have claimed for themselves to the commissioners of a local court, or the justices of a county town? Yet the plea that justifies In the magistrates resides the power of corthem would justify also their imitators.

But is the law defective? or is there error in its administration? We suspect that in the latter lies the source of the mischief, and certainly by a small change in that the cause of complaint may be removed.

recting this wrong, and they may do so equally These objections are urged on the assump-in accordance with law as with reason.

The first part of the second volume (Part 7) of Real Property and Conveyancing Cases is in the press.

The sixth part of New Magistrates' Cases, completing the first volume, will be ready shortly. This volume will contain all the Magistrates' Cases decided during the last two years, price 34s. handsomely half-bound.

SHAM LAWYERS.

THE following is a curious specimen of Sham Lawyer correspondence from Bridlington Quay. This Mr. WM. PURDON affixes to his note a stamp, on which is inscribed "William Purdon, Stock and Share Broker, Auc

tioneer, and Sheriff's officer." Now, whether he be or be not the latter we are not informed; but, if he be, the sheriff ought at once to remove him from his office; if he be not, the employment of the title for the manifest purpose of giving additional awe to his proceedings, would afford further evidence of false pretences, should it be deemed desirable to institute any prosecution.

Bridlington Quay, 18th April, 1846. Mr. William Berriman, of Quay-road. SIR,-I am directed by Mr. John Chambers to apply to you for the payment of the sum of 41. 10s. 6d. due from you to James Potts, and to inform you, that unless the same be paid to me on or before Saturday, 25th inst. I shall without further notice order a process under the provisions of the Act for better securing the payment of small debts, to compel you to shew cause why the same has not been duly discharged. I am, Sir,

Your obedient servant, WM. PURDON, No. 10, Junction-street, Hull. 2, New Buildings, Bridlington Quay. "And be it declared and enacted that no imprisonment under this Act shall in any wise operate as satisfaction or extinguishment of any debt or demand; but any person imprisoned under this Act

ON

THE LAW OF CONTRACTS RELATING
TO REAL PROPERTY.

By WILLIAM HUGHES, Esq. Barrister-at-Law.
(Continued from page 402.)

The fee will pass where a testator directs any
thing to be done which a life estate may be insuffi-
cient to accomplish.-Another ground for holding
the fee to pass where no words of limitation are
employed, is when a testator directs any thing to
be done which a mere life estate in the devisee
might be insufficient to carry into effect; as a de-
vise for the payment of debts and legacies (Beeze-
ley v. Westerhouse, 4 T. R. 89); or where trusts
are to be exercised, in both of which cases the de-
visees or trustees would be held to take an estate of in-
heritance (Shaw v. Weigh, 1 Eq. Ca. Abr. 184; Bate-
man v. Roach, 9 Mod. 104; Villiersv. Villiers, 2 Atk.

71; Gibson v. Montford, 1 Ves. 485; Challenger
v. Sheppard, 8 T. R.597); and not an estate merely
commensurate with the existence of the purposes of
the will, or the objects of the trusts, which in many
instances might have been effected by an estate pur

survives, for then the description of executors is no longer applicable (Dy. 219, side note, pl. 8); and although cases are not wanting to support the va lidity of the exercise of a power given to executors by a sigle survivor (Houel v. Barnes, Cro. Car. 3 S. C. nom Barnes' case, W. Jones, 352, pl. 2; Anon. 2 Leon, 220; Milward v. Moore, Sav. 72; Anon. Dy. 371, 6 pl. 3); still no purchaser would be warranted in accepting a simple conveyance from the surviving executor. In the case of trustees a still stricter rule prevails against the power surviving; which, unless directed to be exercised by the survivors, it seems it will not do where the instrument contains a power to appoint new trustees, notwithstanding the proceeds of the sale may be directed to be paid to the trustees or the survivor of them, his executors or administrators. (Towns end v. Wilson, 1 B. & Ald. 608; see also Hall v. Dewes, 1 Jac. 189; Bradford v. Belfield, 2 Sim. 264.)

Where property is directed to be sold, without stating by what persons the sale is to be made.-It occasionally happens that a testator directs property to be sold for certain purposes, without declaring by whom such sale is to be effected. Whenever this occurs, if the proceeds of the sale are to be distributable by the personal representatives, as ment of debts (Ram. on Assets, 105: Anon. 3 Dy. 371, C.; Anon. 2 Leon, 220; Blatch v. Wilder,

who shall have paid or satisfied the debt or demand autre vie; and this construction has been confirmed where the purchase money is to be applied in pay

and all the costs incurred shall be discharged on application to the judge of the court in which the order of imprisonment was made."-Small Debts Act, 7th Vic. Sec. 3.

Final Application. No. 316.

Kingston-upon-Hull, 1 June, 1846. Mr. William Berriman, of Q. Road, labourer.

by the late Will Act (1 Vict. c. 26), by which devises of real estates to trustees or executors, except for a term or a presentation to a church, without any express limitation of estate, shall be construed to pass the fee, or such other estate or interest as the testator had the power to dispose of by will, and not an estate determinable when the purposes of the of your omission to pay the sum of 9s. old. due by are simply directed to be sold, but were not directly SIR,-Information having been forwarded to me trust are satisfied (secs. 30, 31). Yet where lands you to the estate of Mr. James Garton, I am there-devised to be sold by the trustees, or executors, an fore directed to acquaint you that unless you cause authority only, and no interest, will be held to pass the same to be paid at my Office, or assign a satisfac- those terms (9 Ed. 6, b 25 a; Litt. sect. 169; tory reason for such omission, before the 6th of June inst. being the day appointed for the settlement of Latch, 43; Houell v. Barnes, Cro. Car. 382; the above account, a summons will be issued for the Yates v. Compton, 2 P. Wms. 308; Lancaster Thornton, 2 Bur. 1028); and, subject to the peremptory discharge thereof with costs. power of sale, the land would descend upon the heir; nor does the law in this respect appear to have been altered by the new Will Act, which only mentions, "where any real estate shall be devised to any trustee or executor" (sect. 30), or, any real estate shall be devised to any trustee, &c." (sect. 31).

I am, Sir, your obedient servant,
WM. PURDON,

10, Junction-street, Hull.
Attendance will be given for the arrangement of
accounts, as under, viz. :-
Market Weighton.-Wednesdays, from 2 till 6
o'clock, at the house of Mrs. Craven, Southgate.
Great Driffield.-Thursdays, from 2 till 6 o'clock,
at the house of Mr. Jefferson, silversmith, Market-
place.

Bridlington Quay-Saturdays, at the Offices, No.

2, New Buildings.

"where

Whether a power of sale can be exercised where
some of the donees refuse to concur.-Formerly,
where a power was given to executors to sell, and
one of them refused the trust, the others could not

sell. But the statute 21 Hen. 8, c. 4, provided
that where lands were willed to be sold by execu-

Atk. 420), or debts and legacies (Anon. 2 Leon, 220; Hughs v. Collis, 1 Ch. Cas. 179) or legacies only (Anon. Dalison, 106, ca. 56; Carvill v. Carvill, 2 Ch. Rep. 301), or by the terms of the will of the legacies (Tylden v. Hyde, 2 Sim. and Stu. are to be confounded with the testator's personal property, and with it to form one fund for the payment 238); then a power of sale will arise by implication in the executors, which power will be transmissible from them to their personal representatives. But no such implication will arise where the proceeds of the sale are not to be applied by the executors in the execution of their office. Hence, if a testator simply bequeaths the money to arise from the sale to certain persons named, this bequest does not cause the money to be applicable by the executors in the execution of their office, and, therefore, in this case, they are not, but the heir-at-law of the testator is, the party to sell and convey to the purchaser. (Ram. on Assets, 105; Bentham v. Wilshire, 4 Mad. 44; Patton v. Randall, 1 Jac. and Walk. 189.) But in any of the cases which have been alluded to, notwithstanding the power cannot be exercised at law, yet, certainly, a court of equity will, while the trust implied in it exists, enforce the execution of the trusts, by decreeing a sale pursuant to the testator's

"And be it declared and enacted that no imprisonment under this Act shall in any wise operate as satisfaction or extinguishment of any debt or demand; but any person imprisoned under this Act tors, and part of them refuse to be executors, and intention. (Ram. Assets, 101, referring to Gwilwho shall have paid or satisfied the debt or demand to accept the administration of the will, all sales by liams v. Rowell, Hard. 204; Garfoot v. Garfoot, and all the costs incurred shall be discharged on ap- the executors that accept such administration shall 1 Ch. Cas. 35; Ashby v. Doyl, ib. 180; Amby v.

plication to the judge of the court in which the order of imprisonment was made."-Small Debts Act, 7th Vict. Sec. 3.

Gower, 1 Ch. Cas. 283; S. C. 1 Lev. 304; Locton v. Locton, 2 Freem. 136; Yates v. Compton, 2 P. Wms. 308; Witchcot v. Louch, Ch. Rep. 183.) Powers of this kind are defined to be powers in the nature of a trust, which differ from ordinary powers, because powers strictly as such are never imperative, but leave the act to be done at the will of the party

be as valid as if all the executors had joined. Whether a renouncing executor can purchase. -According to Lord Coke (Co. Litt. 113, a), a renouncing executor could not purchase, because, notwithstanding his renunciation, he was still privy to the will. This doctrine has, however, been overruled at law (Denne dem. Bowyer v. Judge, 11 East, 288; Mackintosh v. Barber, 1 Bing. 50); but whether a purchase of this kind would be supported to whom they are given (Wilm. 23); whereas trusts YOUNGE.-On Saturday, the 1st inst. at Champion-grove, in equity will depend in a great measure upon the are always obligatory upon the conscience of the

son.

BIRTHS, MARRIAGES, AND DEATHS. [The charge for the insertion of the above is 5s.]

BIRTHS.

the wife of Edward Younge, esq. barrister-at-law, of a MARRIAGES. CROSS, William, esq. of Clifton, Bristol, to Marianne, eldest

Camberwell.

daughter of James Hore, of Lincoln's-inn-fields, and Dulwich, Surrey, esq. on the 1st August, at St. Giles's, HARVEY, Bridges, esq. of Lincoln's-inn, to Ellen, third daughter of William Brown, esq. of Ipswich, on Wednesday, the 29th ult. at St. Nicholas Church, Ipswich. HAYNE, Henry, esq. her Majesty's late Commissary Judge in Brazil, to Isabella, the only surviving daughter of George Townshend Fox, esq. of the city of Durham, on the 30th

ult. at South Bailey Church, Durham.

on Thursday, the 30th ult. at Dinton, Bucks.

particular circumstances of the case. If it could be
shewn that the sale was to the prejudice of the cestui
que trust, equity would undoubtedly set it aside.
Although executors renounce the probate of the will
as to personal estate, they are not by such renun-
ciation disqualified to execute a power of sale over
real estate. (Yates v. Compton, 2 P. Wms. 308;
Keilw. 45.)

:

party entrusted. But in cases like those last alluded to, the trusts and powers are blended together. Until the power be exercised, the estate descends on the heir (Warneford v. Thompson, 3 Ves. 513; Hilton v. Kenworthy, 3 East, 553), who (if such power were extinguished by the death of parties to whom it was given without having executed it, or never arose on account of the testator not having be entitled to hold it for his own benefit; but here appointed any person to execute it), would at law equity, acting upon the trust, will compel the heir to concur in the sale, in order to carry out the purposes of the will. (Hyer v. Wordale, 2 Freem. 135, cited; Locton v. Locton, 2 Freem. 136; Pitt v. Pelham, 1 Ch. Cas. 176.)

Whether a power of sale to executors will survive-When property is devised to be sold by exeTINDAL, Acton, esq. of Aylesbury, to Henrietta Euphemia, cutors, so that a mere authority and no estate eldest daughter of the Rev. John Harrison, Vicar of Dinton, passes to them, questions sometimes arise, as to PHILLIPS, Charles Palmer, esq. of Lincoln's-inn, barrister- whether, in case any of them die, the power can be at-law, to Eliza, eldest daughter of William Loftus Lowndes, exercised by the survivors, which it seems it cannot esq. one of her Majesty's counsel, on Thursday, the 30th be where the authority is given to them by name ult. at St. George the Martyr. as where a testator directs that his executors, A, When the legal estate is devised in fee, the party JAMES, William Milburne, esq. of Lincoln's-inn, to Maria, fourth daughter of the late Right Rev. William Otter, D.D. B, and C, shall sell the land. (Co. Litt. 113; taking the beneficial interest will be entitled in fee Bishop of Chichester, on Tuesday, the 4th inst. at St. Peyton v. Bury, 2 P. Wms. 626; Attorney-General also.-When the legal estate is devised in fee, and v. Gleg, 1 Atk. 356.) But when the direction is there is an apparent intent that all the beneficial HOLCROFT, William Francis, esq. of Sevenoaks, to Frances Charlotte, second daughter of the late James Powell, esq. that the estate shall be sold by the executors gene-interest in the estate should belong to a particular formerly of the Royal Artillery, on the 4th inst. at St. rally, then, if there be three or more, and one or person, or to a class of persons (which will geneROBERTSON, Major L. late of the Royal Artillery, to Emily, mains, so as to satisfy the description, the power in their favour without any restrictive terms), the two die, provided a plurality of executors still re- rally be inferred when the trust is declared directly only daughter of E. Salmon, esq. barrister-at-law, August will still survive even at law (Co. Litt. 3 a.; Vin- fee in the trust has been held to pass without any Garbrand v. Mayot, 2 Vern. 105); but it seems 104; Newland v. Shephard, 2 P. Wms. 194, SC. cent v. Lee, Co. Litt. 113, a.; Dy. 117, pl. 32; words of limitation. (Bateman v. Roach, 9 Mod. at least doubtful whether it would where one only 1 Eq. Ca. Abr. 329, pl. 4; Challenger v. Shep

James's, Westminster.

George's, Bloomsbury.

4, at Bath.

pard, 8 T. R. 597.) So where there is a trust or Advertisements of Estates for Sale, &c. | Wilks, W. builder, first, 75. Hope, Leeds.—Williams, L. direction to purchase land for another, it will be exceeding 10 lines in length: woollen draper, first, 2s. 10d. Groom, London. implied that the purchase is to be in fee-simple, unless the will expresses a different intention. For the first 70 words .. (Green v. Armstead, Hob. 65.)

Hill, J. C. grocer, last exam. Oct. 27.-Wilcox, J. tailor, ELLIOTT, WILLIAM, corn merchant, Petworth, Sussex,