fendant place himself more within the jurisdiction of Most men would have fancied that they had herein [Although never admitted by himself, we see no reason why others should conceal the fact that the doer of this noble deed was Mr. Serjeant Wilkins. "Honour to whom honour."-ED. LAW TIMES.] CURIOUS CASES IN THE OLD REPORTS. A friend proposes to supply our readers occasionally with short notices of curious cases in the older reports-The following is abridged from March's New Cases, Edit. 1675. DICKES v. FENNE.-March's N.C. p. 59. In an action upon the case for words, the words were these. The defendant having communication with some customers of the plaintiff, who was a brewer, said "that he would give a peck of malt to his mare and she should piss as good beer as Dickes doth brew," and he laid ad grave damnum, &c. By the Court.-The words of themselves were not actionable, without alleging special damage, as the loss of his custom, &c. which is not here, and therefore not actionable: and Barclay, J. said that the words are only comparative and altogether impossible also; and he said that it had been adjudged that where one says of a lawyer "that he had as much law as a monkey," that the words were not actionable, because he hath as much and more also-but if he had said "that he hath no more law than a monkey," those words were actionable. CORRESPONDENCE. Birmingham, April 26, 1847. GEO. MARSLAND. MORTGAGE TRANSFER STAMPS. TO THE EDITOR OF THE LAW TIMES. SIR,-It is much to be lamented that, in concocting the General Stamp Act, the necessity was never so much as dreamt of to introduce a distinct class of duties under the generic term "Hippopotamus,"answering to that celebrated nondescript "what can't live alive on the land and dies in the water." Had the Legislature kindly foreseen what difficulties were likely to spring up through the perplexities of legal vision, there would doubtless have been provided some one general refuge whereto the lost mariner in the law might have steered, and where, recovering from his weariness and bewilderment, he might rejoice at last in the certainty that this-aye this is the admitted safe bay of the "Hippopotami." Then would our learned doubts have given way to a feeling of confidence. "Lex" would no longer ask if a mortgage be not something more than a mortgage, from the peculiarity of the thing mortgaged; he would know, and see, and say at once, "It is an Hippopotamus, and under that head will I ascertain its proper duty." Mr. Berry, of Derby, would not be put to the trouble of assuring him that a mortgage is only a mortgage, even though it comprised bottled moonshine; nor would "B." have to expatiate very learnedly to the effect that it is a new mortgage, requiring both "the deed [meaning the common deed], stamp, and ad. val. duty"!!! duty on mortgages (and that alone) shall be charged on the additional sum; and there ends the liability. The fact is therefore demonstrable, almost beyond any other fact, that the 35s. duty and the ad. val. duty, respectively granted by 3 Geo. 4, cannot possibly attach together upon one and the same instrument, Humberston v. Jones or any other decision to the contrary notwithstanding. So much for the learning of the learned and the mystifications of the mystified,-more especially the latter, which have indeed gone on increasing in profundity ever since that memorable day (see Lant v. Pease) when Mr. Justice Patteson caught the ad. val. duty on transfers in the very act and fact of "swallowing up the transfer duty." I am, Sir, yours, &c. GEO. AUSTIN. MORTGAGE TRANSFER STAMP. SIR,-The reply of "B," in your last number, to the query of "Lex" in your previous number, is a little unintelligible and contradictory. It seems to me that he has rightly understood the case of "Lex," and is quite correct in stating that "the transaction must be looked upon as a new mortgage, and must be stamped accordingly," but then he is altogether wrong in saying that such stamps must be a deed stamp and an ad valorem duty. No new mortgage of personalty requires a deed stamp, and the authority cited by "B." is directly opposed to his conclusion. Mr. Jarman, after observing on the requisite stamp on an assignment by way of sale of a mortgage, says,"Whenever this is not the case [a sale], but the transferor is liable to repay to the transferee the consideration money, on payment of which the security is to be re-transferred [and which is precisely the case of "Lex"] the transaction is in effect a mortgage, and the deed must be stamped accordingly." I am, Sir, yours, &c." Derby, May 11, 1847. WM. BERRY. TO "A PERPETUAL COMMISSIONER." SIR,-In reply to your query contained in the LAW Birkenhead, May 12, 1847. Theirs-at-Law, Next of Kin, &c. Wanted. [This is part of a complete list now being extracted for the LAW TIMES from the advertisements that have appeared in the newspapers during the present century. The reference, with the date and place of each advertisement, cannot be stated here without subjecting the paragraph to duty. But the figures refer to a corresponding entry in a book kept at the LAW TIMES OFFICE, where these particulars are preserved, and which will be communicated to any applicant. To prevent impertinent curiosity, a fee of half-a-crown for each inquiry must be paid to the publisher, or if by letter, postage stamps to that amount inclosed.] 809. 811. Do pray, Mr. Editor, cry a truce to this confusion. 812. 813. 814. RELATIONS or NEXT OF KIN of JOHN FRANCIS, formerly of Spencer-street, St. George, and afterwards of Hanbury-place, All Saints, Poplar (Middle sex (died 20th Oct. 1839). Something to advantage. GEORGE GRAY, eldest son of the late Rev. THOMAS GRAY, minister of the gospel at Broughton Peebles, Scotland. He left Scotland in 1798, resided some time in Manchester as an engineer, and nothing has been heard of him since 1800. Himself or his issue to claim share in a certain fund. LEGATEES of the Rev. WALTER HOVENDEN, de ceased. MILDRED CANNON, niece of Mildred Chambers, of Marsh Chapel, Lincoln (died Feb. 1839). Supposed to have resided at Limehouse, and to have been ill of the typhus fever, which caused her confinement in a lunatic asylum. Something to her advantage. Infor mation of her requested. MARY ELLIOTT, who about the year 1819 was residing with Mr. Jackson, at 9, Warren-street, Fitzroysquare, London. Something to advantage. WILLIAM SHIELDS MORGAN, who in 1818 was residing at Kingston, Jamaica, and has not since been heard of. Something to his advantage. If dead, a reward of 51. for information. RELATIONS of WILLIAM HILLIER, who carried on the business of a tiresmith in High-street, St. Giles's, London, in 1783. HEIR-AT-LAW of JAMES PUTNAM, formerly of Hali. fax, Nova Scotia, in British North America, but at the time of his death residing at 9, John-street, Portland-place, Middlesex. Then, again, "J. P." proposes to mend the matter by a short Act authorising mortgage transfers to be carried in and stamped agreeably to the recent case of Humberston v. Jones; as if the latter were clear and the law muddy, instead of the law being clear and the case muddy beyond all chance of ever settling down! Turn we therefore to the latter, and we find 815. the Court declaring-what?-that "the question arises on the proper construction of 3 Geo. 4, c. 117, which repealed the duties on transfers under 55 Geo. 3; and 816. the Court proceeds to say that, "under 3 Geo. 4, if there is nothing but a transfer, a stamp of 35s. is imposed; but if any further money he added to the amount secured, the ad. val. duty on mortgages payable by the former Act is to be charged only in respect SIR, I am at a loss to see the force of your dis- of such further money." Now turn we to the 3 Geo. 818. tinction between an ex parte and an open investiga-4, and what find we as the criterion of 35s. duty or tion of the propriety of issuing a ca. ad res. as they ad. val. duty? We find no such distinction or groundrespectively affect the defendant's being amenable work as that "if there is nothing but a transfer," 819. Mr. RICHARD BLOOMFIELD, who some few years reto the jurisdiction of the Court: of course any per- but simply that "if no further money be added," sonal appearance of the defendant would be unnethen a 35s. duty (and that alone) is to be paid but; cessary in the latter case; and if so, how would a de- if any further money be added, then the old ad. val. ARREST ON MESNE PROCESS. 817. NEXT OF KIN of SAMUEL EVANS, late of 9, Little Portland-street, St. Marylebone, Middlesex, builder (died in May 1835), or their representatives. CHILDREN of JAMES ADAMS, and CHRISTIAN ADAMS (wife of John Garioch), who were the brother and sister of John Adams, late of Chandos-street, Coventgarden, Middlesex, wine and brandy merchant. sided at Strawberry-vale, Finchley, and whose father was formerly a solicitor in Bouverie-street, Fleetstreet. Something to advantage, 820. NEXT OF KIN of Rev. GEORGE HANBURY PETTINGAL, late of the parish of St. Chad, Shrewsbury, Deser: 821. NEXT OF KIN of the late SUSANNAH BAKER (formerly sington, Middlesex (died April 21, 1834), or her per822. NEXT OF KIN of ANN CLARE, late of Moss, parish of Clerk (died Feb. 18, 1838), or their personal represen tatives. PHILLIPS), late of Bayne-terrace, Nottinghill, Ken sonal representatives. Mr. Shall they be Represented? with a view to urge be hard to find. One name presents itself them, if they are of opinion that the query foremost a name held in deserved honourshould be answered in the affirmative, to im- and already associated with the cause. mediate and energetic action, to secure the FRESHFIELD is a most fit man. When forobject which they deem to be of so much im- merly in the House of Commons, by his adportance to their future well-being. We pro- vocacy of the Profession, he rendered them Quatt, County Salop, widow, died in June, 1823. pose now, assuming it to be agreed that the many important services. He might be per823. NEXT OF KIN of THOMAS LOWDEY, late of Cardiff, end is one worthy of an effort, to consider the suaded to resume his exertions, especially as, Glamorgan, mariner (died in Feb. 1838), or their per-question that arises immediately out of the having retired from the active duties, he will 824. Mr. JOHN ELLIS, formerly a clerk in the house of former one-By whom shall they be repre- have leisure equal to his capacity. Let applicaWelsh and Stalker, Leadenhall-street, London, and sented? tion then be made to him. If (which we do not who was intimate with a gentleman lodging at 61 or 62 in the said street, about the year 1807. Something anticipate) he should decline an office which, to his advantage. though one of toil will yet be one of honour, it will not be difficult, from among the leading men of the Profession, to find some respected name willing to take the place once filled by Mr. FRESHField. sonal representatives. 825. NEXT OF KIN of CHARLES HEXWORTHY, late of High bridge, Burnham, Somerset, gent. (died August To Readers and Correspondents. 'B." notes a slip of the pen in his reply last week to the query on Transfer of Mortgages. It reads as if he had asserted that the deed should bear both the transfer and the ad valorem stamp. This, of course, he did not intend. "AN ARTICLED CLERK" complains that his master will tremely unkind and unjust, but we fear there is no legal not allow him the use of his Law Library. It is ex remedy. We have to acknowledge many reports of Practice Cases in the County Courts, too long and too numerous for insertion in the LAW TIMES, where we can give only those of most urgent interest and importance. But they will duly "S. W."-We cannot enter upon such discussions as he has mooted. They are not within the province of the We are indebted to various correspondents for information appear in the COUNTY COURTS CHRONICLE. LAW TIMES, and would occupy too much space. as to Election Forms. "F. B. T." may rest assured that the arrangement we suggested last week, for remunerating fees in the County Courts, will not subject the attorney to the law of Cham perty. "LEX."-His question is one of law, and not of professional TO THE PROFESSION. The answer is not so difficult as many fear, although undoubtedly it will demand mature and anxious deliberation before a decision is come to, and to aid that judgment, we propose now to submit the considerations which, as it seems to us, should influence opinion. The first consideration will be, which branch of the Profession should be preferred for the purpose? With all deference to our own branch of it, for reasons presently to be stated, we have no hesitation in expressing our opinion that, for the purposes for which a representative is required, the Attorneys should select one from out of their own body. Of course we offer these remarks as suggestions merely, and in no spirit of dictation. Our anxiety is to save time, and that the present occasion may not be lost through slothfulness or delay. We desire that the question shall be duly weighed, and therefore, with the utmost deference, we have endeavoured to present the most obvious bearings of it. When last week we proposed a meeting on Wednesday next, we forgot that it was that universal holiday in London-“The Derbyday." It will, consequently, be necessary to postpone it until Friday, and we repeat again the request that those who may be willing to attend will so intimate to us, and the place and hour of meeting shall be communicated to them. We may add that we shall be enabled to furnish the meeting with information as to the means of carrying out its object, which will materially assist its deliberations. can be procured if they will provide the man. COURT FEES. The seat The experience of many years has proved that they cannot look for much aid from the members of the Bar. Although the House of Commons has generally contained from forty to fifty Barristers, the fact is not to be denied that the Attorneys have been virtually unrepresented, and among so numerous a body they have never found a man ready to rise on their behalf, or protect them from aggressions. This remarkable fact is to be attributed, partly to the little knowledge which the Bar, from its very position, can possess of the wants and feelings of the Attorneys-the absence of sympathy, if we may so term it; but still more from the sort of men whom the Bar sends into the Legislature. These are of two classes- MR. WATSON'S committee of inquiry into the Barristers in established practice, who go the fees of the Courts of Law and Equity canMr. CROCKFORD deems it necessary to warn the Pro- into Parliament as the path to honours, and not fail to be productive of very great benefit. fession against any dealings with Mr. Foulkes, of the Barristers who are such in name only: The burden of the Court Fees upon suitors has Bradford, Yorkshire. This person having undertaken the sale of the publications of this Office, as a law who have been called as a matter of form, but been hidden from public view by the intervenstationer or bookseller, and in no other character, who had never intended to adopt the Profession tion of the Attorney and Solicitor. Paid by appears to have gone about the country, representiag as a pursuit. Now it is obvious that neither the latter, and swelling their accounts, the himself as a general agent of the LAW TIMES, and of these classes could serve the purposes de- client has known them only in the shape of an obtained payments of moneys from various parties. sired. The honour-seeking Barrister, in full Attorney's bill, and the odium that properly He has also received a quantity of books and forms from the Office, on pretences of sales effected, &c. practice, wants the time; the dilettante Barrister belonged to the Court Fee has been shifted to Mr. CROCKFORD will be obliged by any information wants the knowledge. Hence the anomaly, so the shoulders of the Lawyer. It has often as to this person's character and conduct, with a strange at first sight, and which it is so difficult occurred to us, that it would have been a fair view to such proceedings as he may be advised. to make the public believe, that in a Legislature and self-vindicatory precaution if the ProfesIn compliance with repeated requests, the Publisher of where fifty lawyers in name sit and talk, mat- sion had resolved to make out their bills with of those who desire to be supplied with their Forms, ters that concern the lawyers are less re- the Court Fees stated in a distinct column: &c. direct from the Office, by undertaking to trans-garded, and the interests of the lawyers less then would their clients have learned where to mit parcels, carriage paid, with any order to the protected, than are those of any other class of throw the blame, and much of the popular feelamount of 21. at least, where the purchaser resides the community, and that to this moment they ing against Lawyers would have been abated near a railway; and with an order to the amount of are subjected to an unjust and exclusive tax, by evidence that they are only the conduit51. to places distant from railway communication. The volumes of the LAW TIMES, as they are completed, against which they petition and remonstrate, pipes through which so much money was made and can procure no relief. to pass from the pockets of the suitor to the officers, working and unworking, and the princely compensations concocted in Chancerylane. the LAW TIMES has determined to meet the wishes strongly and handsomely bound at 5s. 6d. each on a uniform pattern. The numbers for binding may be sent by the post, in parcels open at the ends, addressed to the Publisher; and a letter should state the seal, or some private mark, by which they may be identified. The "Verulam Reports" and "Law Digest" may be transmitted in like manner for binding. Other books may be inclosed in parcels for the binder. Portfolios for preserving the current numbers of the LAW TIMES, "Verulam Reports," and "Digest," are kept at the Office. We have special reason for noting this circumstance. A huge pile of petitions against the Certificate Duty has been forwarded to us, to procure their proper presentation. To whom can they be intrusted? Doubtless many of our learned friends would readily undertake the duty of laying them upon the table of the house; but that is not all required. We want a man who will interest himself in the question, make known their prayer, direct attention to the grievance of which they complain, and call for redress. None could perform this task more ably, and none would feel more zealously, than Mr. WATSON, who is so ably fighting the fee question. But the claims of his business are such, that, with the utmost desire to aid, he could not give to all the matters that would demand his attention the time they would require. The same remark applies still more forcibly to Sir F. KELLY, and to half-a-dozen others. Therefore are we satisfied that from among themselves should the Attorneys seek a representative in the next Parliament. He need not be now in practice; enough that he has still a knowledge of their needs, and a sympathy with their views. Such a man, surely, would not The ATTORNEY-GENERAL, it seems, again threw his shield over the Chancery Compensa tion Job. Mr. WATSON proposed to include that also in the inquiry. Investigation would have exposed its origin, and, if rumour rightly attributes that origin to the Law Institution, some very inconvenient exposures might have followed. So, acting we hope upon his brief, the ATTORNEY-GENERAL put his veto upon that branch of the inquiry. But enough remains to do good service, and, with judgment, some of the secret history of the Compensation Job may yet be made to ooze out. THE GENERAL ELECTION. WE have to acknowledge with thanks the kindness and promptitude with which the request for information as to the best method of framing a complete series of Books and Forms for the use of Agents and Committees at the approaching General Election has been complied with by numerous readers. Careful consideration has been given to the various uggestions, and a system has been framed, ind is now in preparation, which possesses the dvantage of simplicity. The following additions to the Practical Forms nd Publications of the Verulam Society are a the press, and if any persons are desirous f having the names of the County, City, Boough, or of the Candidates printed in their ooks and forms, they should transmit their structions immediately. As a Manual for the Elections, the Fifth Edition f Cox's Registration of Electors Act, incorporating he Reform Act and the recent Statutes, with the Deisions of the Common Pleas upon Appeals to the preent time, Introduction, and Notes. Added to which 3 a Second Part, containing minute Instructions to Agents and Committees for the Management of_Elecons in Counties, Cities, and Boroughs, with Forms, c. &c.; and a Third Part, containing like Instrucons for Under-Sheriffs and Returning Officers, the hole forming a complete Handbook for Elections. The ELECTION BOOKS and FORMS required y Agents and Committees comprise the folowing; but it will be necessary to state in rders whether they are required for a County or a Borough, and, as nearly as possible, the umber of Electors, that the proper size may be obtained: No. 1. CANVASS Books, strongly bound with In dia Rubber Backs. No. 2. COMMITTEE REGISTER BOOK, ledger size, ruled and bound in two sizes. 1. Large size for the Central Committee. 4. Smaller size for District Committees and small Boroughs, ruled for four candidates. No. 3. RETURN of DAILY CANVASS, by the District Committees to the Central Committee. In quires, ruled. MARRIAGES. Joxes, J. esq. only surviving son of the Rev. J. Jones, of at Michel Hoy, Monmouthshire. LEWIS, Mr. J. R. solicitor, to Eliza, relict of the late H. MACNAMARA, J. solicitor, to Anne, relict of the late Wm. BARLOW, George Barne, esq. of the Crown-office, second on the 9th inst. in Queen Anne-street, Cavendish-square, Cox, F. G. esq. of Doctors'-commons, at Stockwell, on the 9th inst. HEAVISIDE, Richard, esq. late of Brunswick-square, HEDGES, Thomas, esq. of Thame, Oxon, on the 7th inst. NOTICES OF NEW LAW BOOKS. The Law of Costs, as affected by the Small Debts THE chief, if not the only, object of the legislature No. 4. INSPECTORS' POLL-BOOKS, for the use of No. 7. COMMITTEE ACCOUNT BOOK, with or with- No. 8. COMMITTEE MINUTE BOOK, with or with- No. 9. FORMS for LISTS of OUTVOTERS, in quires. and Returning Officers. named. No. 1. POLL BOOKS. No. 2. The BRIBERY OATH, in quires, four on a sheet. No. 3. The OATH that Voter has not voted before, four on a sheet. No. 4. INSTRUCTIONS by Returning Officer to the Suggestions are requested of any useful Forms that may have escaped attention in framing the above list. Parliament is expected to be dissolved in about three weeks, and as the processes of printing, pressing, ruling, and binding occupy a considerable time, it will be impossible to supply the members of the Verulam Society and others, unless very early intimation be given of the quantities required. As Mr. CROCKFORD must make arrangements accordingly, the members will oblige by stating at once what they will probably need of the above -not to be taken as a positive order, nor to which they are in any way pledged-but to enable him to form some estimate of what should be provided. BIRTHS, MARRIAGES, AND DEATHS. [The charge for the insertion of the above is 5s.] BIRTHS. CRAUFURD.-On the 7th inst. at Edinburgh, the wife of J. Craufurd, esq. advocate, of a daughter. OGLE.-On the 12th inst. at Kensington, the wife of R. Ogle, esq. barrister-at-law, of a daughter. the fee-simple to the cestui que trust a sufficient bar It must also be observed that the descent of the to destroy an estate tail, and which a court of Parker v. Turner, 1 Vern. 393; Challoner v. Marshall, 2 Ves. 524; Wynne v. Cookes, 1 Bro. C. C. 515; Phillips v. Bridges, 3 Ves. 127.) A dormant entail may be presumed to have been cut off, where several of the issue of the tenant in tail have been admitted as heirs in fee simple (Wadsworth's case, Clay, 26); or there has been that length of possession and a consistent deduction to the title of the fee simple from which such presumption may be reasonably inferred. (Roe v. Lowe, 1 H. Bl. 459; Wat. Cop. 181; Scriv. Cop. 81.) Fine levied in Common Pleas no operation on copyholds.-Some difference of opinion seems to have existed as to whether a fine or recovery of copyhold lands levied or suffered in the Common Pleas would be binding and effectual; but the better Inasmuch, however, as the loss of costs in the opinion seems to be that it would not, and that event of the plaintiff's succeeding, or the payment neither the legal nor the equitable interest would be of a higher rate of costs in the event of his failing, affected by it; for that in either case a fine so levied is the penalty to be inflicted on the person who sues would be coram non judice. (Scriv. Cop. 87; in the former, instead of in the latter, tribunal, it is Searle v. Kitner, 1 Chan. April 15th, 1809, cited obviously a matter of importance to the legal prac-19 Ves. 335; Scott v. Kettlewell, 19 Ves. 335. titioner to know when the plaintiff may exercise his Estates tail in copyholds how now barrable.choice; and the object of the book now before us is The statute 3 & 4 Wm. 4, c. 74, which abolishes to supply that information, and to point out the fines and recoveries, and comprehends copyhold as means by which the plaintiff, in a superior court (if well as freehold estates, prevents an estate tail from he recovers less than 207.), is to shew that he is being now barred by a recovery in both descriptions exempt from the penalty before mentioned. The of property. The clauses of that Act, however, as operation of the 3 & 4 Vict. c. 24, as affected by far as they relate to the barring of estates tail, apply the new Act, is also explained, as well as the bear-equally to copyholds as to freeholds, except that ing which the two have on the statute of Elizabeth. dispositions of copyholds under that Act of legal A little more attention might, perhaps, have been estates are to be by surrender, and of equitable espaid to the composition in some few instances; but, tates either by surrender or by deed. (Sec. 50.) with that exception, the book seems accurate So where the consent of a protector is necessary to enough, and we therefore recommend it to the bar an estate tail in freeholds, it will be equally repractising lawyer as an useful addition to his quisite to effect the same object in copyholds. If library. such protector consents by deed, the deed must be produced to the lord, or his steward, at or before the surrender, and the lord or steward is to acknowledge such production by indorsement on the deed, and enter the deed and indorsement on the rolls; and the indorsement is to be evidence of the production, and the lord or steward is to indorse on the deed a memorandum of such entry. (Sec. 51.) If the protector does not consent by deed, the consent is to be given to the person taking the surrender; and if the surrender be out of court, the conAs to equitable estates.-Where the custom of a sent is to be stated in the memorandum of the manor prescribes any particular mode of barring surrender, and the memorandum signed by the proentails, that mode should be adopted in barring an tector, and the lord or his steward to enter the equitable, as would be necessary to bar a legal memorandum on the rolls, and it is to be evidence estate tail. If, therefore, the custom be that the of the consent and surrender; but if the surrender should be suffered in the manor court of the equit- consent on the rolls, with a statement of the entail should be barred by recovery, a recovery be in court, the lord or steward is to enter the tive to freehold property; and although an equitable dence, as any other entry or copy. (Sec. 52.) An able estate in the copyholds analogous to that rela- consent, and such entry, or a copy, is to be evitenant in tail of copyholds may have transferred his equitable tenant in tail of copyholds may dispose of equitable interest to a mortgagee, he may, neverthe- them under the Act, or by deed to be entered on less, alone suffer an equitable recovery. (Nouaille the rolls; and if the protector consent by a sepav. Greenwood, 1 Turn. 26.) In the absence of a rate deed, it must be executed previously to, or custom to bar the entail by a recovery, an equitable simultaneously with the disposition, and is to be estate, like a legal one, may be barred by a surrender entered on the rolls. Such entries are imperative only. (Radford v. Wilson, 3 Atk. 815.) And on the lord, or his steward, who is to indorse on where an equitable entail may be so barred, it seems the deeds a memorandum of them; and the deed of that a court of equity would deem a surrender of disposition will be void against subsequent pur JOURNAL OF PROPERTY. A PRACTICAL COMMENTARY ON THE LAW OF CONTRACTS RELATING particular manner, the terms of such surrender | East, 185.) Some contrariety of opinion appears chasers, unless it be so entered. (Sec. 53.) But in v. Of devises of copyholds.-Copyholds, although not rendered devisable by the statutes of wills (32 & 34 Hen. 8), and expressly excluded from the devising operation of the statute of frauds (29 Car. 2, c. 3, s. 12), were nevertheless devisable by will made in pursuance of the customs of the manors of which they were holden. If, therefore, the terms of the surrender were pursued, copyholds might have been devised not only by an unattested will (Semain Buls. 200; Wagstaff v. Wagstaff, 2 P. Wms. 258; Burkett v. Burkett, 2 Vern. 498; Roe dem. Gilham v. Heyhoe, 1 W. Black 1114; Tufnell v. Page, 2 Atk. 37; Att.-Gen v. Sawtell, ib. 497; Marlborough (Duke of) v. Godolphin, 2 Ves. 77; Henderson v. Farbridge, 3 Russ. 482; Att.Gen. v. Andrews, Ves. 225; Appleyard v. Wood, Sel. Cas. Temp. King. 42; Carey v. Askew, 3 Bro. C. C. 59; Doe dem. Cook v. Danvers, 7 East, 299; Noel v. Hoy, 5 Mad. 38), but, when warranted by the custom, a will by mere word of mouth would have been sufficient. (Co. Litt. 101, n.a.; Wat. Cop. 180; Roll. Abr. 614; Davenish v. Baines, 2 Eq. Ca. Abr. 43.) An instrument, also, which purported to be a deed, and upon stamps adapted to that kind of instrument, was held to be a sufficient declaration of the uses of surrender to will. (Habergham v. Vincent, 4 Bro. C. C. 353; 8. C. 2 Ves. 229.) When, however, the surrender prescribed that the will should be executed in any (To be continued.) A SPECULATIVE SALE.-On Thursday week the following unusual property was offered for pubic competition, at the Auction Mart, by Mr. Marsh:It was a judgment debt of 6,8231. 10s. against the Hon. Francis Henry Fitzhardinge Berkeley, M.P. for Bristol, at the suit of T. Q. H. Leroux, banker, the debt was tried at the Sussex Spring Assizes, at of Calais. The cause which led to the recovery of Lewes, in March, 1844, when the verdict was givea for the plaintiff, with interest thereon, at the rate of 41. per cent. per annum, from the 25th of May, 1844. The lot was unsold.-Globe. DREADFUL DEPRECIATION OF LAND. - On Wednesday last Mr. Wentworth, of this town, sold by auction at Aylesbury, Buckinghamshire, the resi due of a close of land contiguous to the town, containing very little more than an acre. It was divided aggregate sum realised by the unfortunate owner, into lots-every lot was eagerly purchased, and the through the instrumentality of the auctioneer, amounted only to something less than 1,500l.-Cam Public Sales. By Messrs. HUMPHREYS and WALLEN, at the Mart. A freehold residence, 17, Clifton-st. Finsbury--500!. Freehold, copyhold, waterside and other premises in Fortstreet, Limehouse, in four lots, comprising a ship-repairing dock, known as Duke Shore Dock. Wharfs, yards, sture houses, White Hart public house, cooperage, and two resi dences-altogether 5,6107. THE following scale of charges, reduced more than one-third, has been adopted for Advertisements of Estates for Sale, &c. exceeding 10 lines in length: For the first 70 words . For every succeeding 30 words. 18. 5s. 871 87 9 hree per Cents. Consols 86 86 86 87 hree per Cents. Reduced.... 85 85 853 85 ew Three-&-a-quarter per Cts 873 87 87 87 ong Annuities.. 9 9 ank Stock 189 189 idia Stock 190 191 191 idia Bonds, 1,000!, dis. xchequer Bills, 1,0007. pm... FOREIGN. நாதல் 2 223 224 223 22 33 33 33 34 108 109 1097 109 Brown, B. linen draper, Bridgnorth, April 5. Trusts. J. Brown, warehouseman, Manchester, and J. Brown, blacksmith, Morville. Sol. Sparkes, Bridgnorth.-Cane, A. provision dealer, Oxford-st. March 30. Trusts. F. Meyer, oil merchant, Paradise-st. Lambeth, and W. S. Hall, tallow 242 merchant, Queen-st. Sol. Low, Chancery-lane.-George, R. plumber, Oakingham, March 3. Trusts. G. Cooper, chemist, Reading, and P. Palmer, glass cutter, St. Martin's-lane. Sols. Vines and Hobbs, Reading.-Gresley, J. wheelwright, Congerstone, May 6. Trust. W. Maides, broker, Market Bosworth. Sol. Craddock, Nuneaton.-Mash, W. grocer, Ipswich, April 9. Trusts. J. May, merchant, Ipswich, and C. Burton, grocer, same place. Sols. Burton and Sons, Ipswich. Nicholson, J. draper, Hampstead, March 26. Trust. R. Johnson, warehouseman, Watling-st. Sol. Robin19 20 son, Queen-st.-place.-Norman, B. ironmonger, Cheltenham, April 22. Trusts. R. Madeley, factor, Birmingham, and S. Onley, jun. surveyor, Cheltenham. Sol. Bell, Cheltenham.-Pratt, J. grocer, West Derby, April 13. Trusts. J. Jackson, gent. West Derby, and T. Yates, builder, Liverpool. Sol. Hime, Liverpool.-Wescott, H. M'K. smith, Plymouth, March 27. Trust. W. M. Rickard, accountant, Stoke Damarel. Sols. Lockyer, Plymouth, and Bulteel, Plymouth.-Worsfold, W. linen draper, Putney, April 1. Trusts. J. B. Walker, warehouseman, Friday-st. and S. Worsfold, spinster, Dover. Sols. Heather and Moger, Paternoster-row. Danish Five per Cents.. 221 22 anish Three per Cents. 33 33 ussian eruvian..... Ortuguese exican 20 20 192 the se Deferred itch Two-and-a-Half per Cents... anish 578 571 571 574 574 573 51 82 821 Four per Cents. lombian.. pilian Penos Ayres The azilian....... GAZETTES. AMOUNT OF DIVIDENDS DECLARED. 82 83 he sum stated as the Dividend means so much declared in Monday, May 3. Tuesday, May 4. Bradley, S. corn factor, last exam. June 8.-Burt, W. oarding-house keeper, div. next week. Cannan, London. -Buttifant, T. S. haberdasher, last exam. passed.-Cooke, stonemason, div. next week. Cannan, London.-King, I. victualler, last exam. passed.-Morris, J. C. cabinet aker, div. next week. Cannan, London.-Robinson, J. S. pholsterer, last exam. June 2. Wednesday, May 5. Andrew and Co. nail warehousemen, div. next week.Harris, J. Q. hat maker, div. next week. Bell, London.Slough, J. baker, last exam. passed.- Wood, G. musical instrument maker, div. next week. Johnson, London. Thursday, May 6. Chandler, B. ironmonger, div. next week. Graham, Friday, May 7. Birmingham and Boston Railway Company, last exam. passed.-Boddington, J. corn dealer, final div. next week. Green, London.-Bond, W. victualler, last exam passed.Claridge, F. wine merchant, last exam. passed.-Cooper, W. hardwareman, final div. next week. Green. London.-Gam next week. mage and Co. cheesemongers, jt. div. and sep. div. of Mott, Green, London. - Hutchison, J. wine merchant, last exam. passed.-Parnall, W. clothier, div. next week. Cannan, London.-Pritchett and Co. glove manufacturers, final jt. and sep. divs. next week. Green, London.Taylor, E. A. victualler, last exam. passed.- Tipper and Co. paper manufacturers, last exam. June 8. Saturday, May 8. Bancks, W. C. builder, last exam. sine die.-Gass, J. draper, div. next week, Follett, London.-Howell, H. draper, last exam. passed.-Llewellyn, J. H. surgeon, last exam. C. wine merchant, last exam. June 11, June 18.-Procter, div. next week, Follett, London. DIVIDENDS. Official Assignees are given, to whom apply for the Dividends. Bankrupts. DATE OF FIAT AND PETITIONING CREDITORS' NAMES. 18, at two, June 18, at twelve, Basinghall-st. Com. Hol- BUTTERWORTH, JAMES, cotton manufacturer, and currier, Ward, gent. 35, Tavistock-st. Covent-garden, pet. cr. FUGLER, WILLIAM, Manchester warehouseman, 10, Law- GROOM, SAMUEL, auctioneer, Whitchurch, Shropshire, May June 23, at one. Basinghall-st. Com. Evans; Bell. off. Barwise, J. house decorator, third, 1s. 7d. Cannan, London.-Bottle. W. grocer, first, 2s. 6d. Groom, London.-JONES, RAY JOSEPH, tailor, Basingstoke, May 19, at two, Burton and Burton, spinners, first jt. 2s. 4d. Hobson, Manchester.-Cowper and Co. linen drapers, first jt. 78. first and final, W. F. Cowper, 20s. and first and B. F. C. 16s. 3d. Baker, Newcastle-Cuthbert and Co. wine merchants, 04d. Follett, London.-Fitzhugh and Co. merchants, sep. F. Morgan, Liverpool.-Gale and Gale, rope manu78. 6d. Follett, London.-Goodale, M. builder, facturers, jt. 24d. Whitmore, London.-Goodwin, G. mersecond, 1s. 74d. Young, Leeds.-Groves, W. grocer, final, chant, final, 2 d. Green, London.-Jarvis and Jarvis, wine merchants, 94d. Green, London.-Jones, E. sen. pasteboard first jt. 18. manufacturer, second, 14d. Whitmore, London.-Longbottom and Co. wool merchants, first jt. 28. sep. L. 28. 10d. Hobson, Manchester.-Macdonald and Macqueen, merchants, gd. Follett, London.-Newby, R. G. saddler, first 1s. 3d. London.-Ufford, J. G. brewer, 1s. 6d. Follett, Cannan, London:-Wilkinson, J. wharfinger, first, 2s. Baker, New Surrey, May 17, at twelve, June 14, at half-past twelve, twelve, June 10, at eleven, Manchester, Hobson, off. ass.; ass.; Knight, Basinghall-st. sol. Date of fiat, May 3. May 18, at half-past two, June 18, at one, Basinghall-st. sq. May 19 and June 2, at half-past twelve, Basinghall-st.. June 19, at twelve, Birmingham, Com. Balguy; Valpy, W. Harman and R. Pearson, distillers, Red Cross-st. pet. crs. Gazette, May 11. BATES JOSEPH, share broker and share jobber, Leeds, May 25 and July 1, at ten, Leeds, Com. West; Kynaston, off. ass; Sharpe and Co. Bedford-row, and Priest, Leeds, Bankrupt's own petition. sols. Date of fiat, May 1. ELLIOTT, JOHN DYMOKE, chemist and druggest, Hemingford-place, Barnsbury-road, Islington, May 18, at one, June 12, at half-past twelve, Basinghall-street, Com. Goulburn; Follett, off. ass.; Jenkinson and Co. LomW. Kidson, Date of fiat, May 1. bard-street, sols. medical shop fitter, 1, North-st. Sidney-st. Mile-end, Oldtown, pet. cr. HEATHCOTE, ROBERT, omnibus proprietor and horse dealer, 2, Clapham-common, May 26, at two, June 24, at halfpast one, Basir ghall-street, Com. Evans; Bell, off. ass. ; Dolman, Jermyn-st. St. James's, sol. Date of fiat, May 5. F. W. Watkins, gent. 47, Doughty-st. pet. cr. KING, HENRY, furniture dealer, cabinet maker, and broker, Yorkshire-st. Oldham, May 21, and June 15, at eleven, Manchester; Fraser, off. ass.; Spinks, Gt. James-st. and Cobbett, Manchester, sols. Date of fiat, April 30. Bankrupt's own petition. LEVERS, THOMAS, cooper, Charlestown, Cornwall, May 26 and June 16, at eleven, Exeter, Com. Bere; Hernaman, off. ass.; Guillaume, Bucklersbury, and Turner, Exeter, sols. Date of fiat, April 24. W. E. H. Guilaume, merchant, Botley, Southampton, pet. cr. MAY, EDWARD, ironmonger, 66 and 67, Oxford-st. May 24, PEARL, JAMES WILLSON, horse dealer, Milton-st. Dorset- mer, Little Stanmore, pet. cr. THUELL, JOHN, and JEFFERY, WILLIAM, woollen manu- Meetings at Basinghall-street. Axford, E. milliner and dressmaker, 85, St. John's-woodterrace, May 28, at half-past one, div.-Barnard, W. R. upholsterer, Midhurst, May 28, at half-past one, aud.Champness, F. draper, Bishop's-rd. Paddington, May 28, May 28, at one, aud.-De Wilde, F. A. cabinet ironmonger, brass manufacturer, and window blind maker, 71, 72, and 73, at half-past twelve, aud.-Clarke, J. painter, Great Castle-st. Wells-st. Oxford-st. May 28, at half-past eleven, fin. div.Dunn, J. C. brewer, Chatteris, May 31, at twelve, aud.Fitzgerald, H. coal merchant, Bond-st. Lambeth, May 31, at eleven, aud.-Gilbert, M. inkeeper and coach proprietor, Blossoms-inn, Lawrence-lane, City, May 28, at eleven, fin. |