its publication in the form of a series of papers, fluence it is that this measure of common tified their perfect conviction to the Secretary tion of the proper objects for which this art should be exercised, and then the manner of its employment, so as best to attain those objects. Under the same division will come to be considered a great number of curious and interesting subjects peculiarly belonging to this species of oratory, such as, the most effective which the Advocate appeals,-as to the Court, to a Jury, to a Parliamentary Committee; at Nisi Prius, in Banco, ința Criminal Court:and these will involve inquiries into the means by which juries are influenced, and how verdicts are determined, and what is the secret of the more successful advocacy of some men than that of others who appear vastly the more able. An examination of the rules of professional etiquette established for the purpose of supporting the dignity that properly belongs to the office of an Advocate, the duties incumbent upon him, and the rights and privileges secured to him by the Constitution, the Law, and the Practice of the Courts of the United Kingdom, will appropriately conclude a theme which, even thus briefly outlined, has, it must be confessed, startled by its extent, its difficulty, its novelty, and its importance. mode of address for each kind of tribunal to For an instance of recent occurrence we are Law Reform, and whose powerful co-operation How different is this story and the state of things it displays from what might be told of the commonest suit for a debt of thirty pounds. This might be car a ried, at the will of either party, from Nisi Prius to the court in banc, thence to a court of error, and thence to the House of Lords. Four steps to settle matter of a few pounds; only one to decide the fate have commented upon it somewhat after this fashion:"These English are a wonderful people. They are rich beyond all measure, and love their riches beyond all other things. They guard their property with the most jealous care, and have an immense number of These laws are administered in a variety of courts, laws for the settlement of disputes concerning it. rising one above the other in regular gradation, so observed this singular anomaly, he would, probably, that the mistake of the inferior is always corrected by during which the payment of the debt claimed is the superior. The suits sometimes last several years, their money. But, oh strange! their lives and their suspended until the final judgment of the ultimate tribunal. This is the way the English take care of liberty are reckoned of almost no account. If a person is accused of murdering another, or of picking his neighbour's pocket, the accusation is forthwith investigated by twelve other persons of the same station of life as himself, who are assisted by a Judge learned in the law; and if these are satisfied that he is guilty, he is thereupon condemned and immediately punished. He is not allowed to appeal to any one except the Sovereign, and unless he has some great man for a friend, he is seldom able to obtain the Sovereign's ear. Thus these English, who are so rich and think themselves so wise, sometimes punish innocent men without knowing it, and let the guilty escape with their eyes open. Mr. Charles Butler, formerly a chemist in a large way of business; an active, enterprising man, and we difficulties, chiefly in consequence of family disputes, believe not unknown in the scientific world, fell into and became almost destitute. His daughters, however, being wards in Chancery, had a means of support independent of their father, who bought for one of them a watch on credit from a watchmaker, and almost inmediately afterwards pawned it for the purpose of raising money to stay an execution in his house. The transaction, it must be confessed, had a very suspicious appearance; so much so, indeed, that Mr. Butler was indicted upon it for a fraud, and convicted. In anticipation of the trial, he employed an attorney, who retained counsel, but, through some mistake, which we do not understand, the proper witnesses were not forthcoming; so that the merits of the case were not properly developed. In addition to this, the Judge's conduct was unusually severe. Mr. Butler's counsel alleges that his client" was not called upon when sentenced; was refused to be THE LAW OF BANKRUPTCY. heard while addressing the Court; was forcibly THE Lords' Committee of last Session reremoved from the dock whilst endeavouring to address Mr. Serjeant Adams; and his witnesses to ported that there ought to be an entire revicharacter were not allowed to be examined." Under sion and codification of the Law of Bankruptcy these circumstances, had there been a power of and Insolvency. The Act so hastily passed appeal, the verdict and sentence would undoubtedly was avowedly only a temporary measure inhave been set aside and reversed, and the matter tended to redress a pressing grievance. The would have been properly investigated. But the law large question was postponed, but we hope did not allow of that just and reasonable course. only until the next session. But the author relies upon the generous forbearance of those who have so kindly cheered him in other efforts to do some service in other ways to the Profession to which he feels the more proud to belong, the more intimate becomes his acquaintance with it; and necessarily to none can its true character be more entirely revealed than to the Editor of a It seems that this description of the learned But we are grieved to learn that as yet there journal in weekly communication with every Serjeant's conduct was certified to the Secre- has been no movement towards the work of branch of it, and with its members of every tary of State by Mr. HENRY WILDE, the framing a new and more enlightened Law of class, and to whom its weaknesses as well as counsel by whom the prisoner was defended. Insolvency. Officials, we hear, hope that the its virtues are frankly revealed. And he rests Mr. Serjeant ADAMS replied to this article of Act just passed will exempt them from all care some claim to forgiveness of errors and short- The Times in a letter which will be found on the subject for two or three years at least. comings on the score of the difficulties that among the intelligence relating to the adminis- But this must not be permitted. We trust unavoidably beset the pioneer in the construc-tration of the law. He flatly contradicts Mr. that the committee of merchants in the City tion of a work that might be better done by WILDE's assertion as to the refusal to hear will renew their useful labours with augmented so many others, if they would not permit a witnesses to character. Thus the matter stands zeal; that the lawyers, both in and out of Pardread of the toil to deter them from the under- at present: but it cannot rest here. The Judge liament, who have interested themselves in the taking. No one can be more conscious than must be either vindicated or removed. For- subject, will continually urge it upon the attenthe author that it might be more successfully tunately it is a fact easily to be proved or dis- tion of the Government; that no excuses will accomplished by almost any of his professional proved. Sir GEORGE GREY must sift it to the be permitted for further delay, and that in debrethren; but he feels it to be so much needed, bottom, and act accordingly: it is due to both fault of official action the Profession will act that it were better imperfectly done, and even parties that the precise truth of the case independently, and bring in a bill of their own. by so little competent a hand as his, rather should be ascertained. than it should be longer left undone. Here it will appear in the form of a series of papers that will be published at intervals of, as the author hopes, usually not more than a fortnight. Whether hereafter they may appear in a collected shape, will depend upon the reception they may meet with in this, and the author's conviction, when his work is done, whether he has been enabled at all to realise the design with which he commences. At all events a measure should be prepared But that is apart from the great public ques- and presented to the Government. This should tion involved in it, the requirement of an be done by a committee composed of deputies Mr. BUTLER would have obtained early re- the Committee of Merchants, with whom might appeal in criminal cases. Had such existed, from the Law Amendment Society and from dress. His case is not a solitary one. There be conjoined such of the Commissioners as are hundreds now enduring the horrors of have taken a special interest in the subject, transportation who, if there had been an appeal, and any practical lawyers who may be desirous would have had the verdict against them cer- of giving their aid to the work. A measure tainly reversed. We know of one case in which thus framed would be gladly accepted by the a young man is at this very moment suffering ministry, and would command the support of the tortures of a penal settlement, under sen- Parliament. It is, indeed, in this manner that tence of transportation for life, for an offence we should like to see all Law Reforms faof which, from inquiries subsequently insti- shioned. If something of this sort be not SCARCELY a month passes without some new tuted by the mayor of the town and the attor- done, and that shortly, another year will leave evidence of the necessity for an Appeal in Cri-ney for the prosecution, there is no doubt the Law of Insolvency in as discreditable a minal Cases. Through what malignant in that he is innocent, and that they have cer-condition as it will find it. MR. SERJEANT ADAMS AND MR. SEPT. 25.] THE LAW TIMES. NOTICES OF NEW LAW BOOKS. | the recital of the effect of that deed: in the former by divers mesne assignments, and ultimately by the The Law and Practice of Insolvency in the County Courts, and in the Court for Relief of Insolvent Debtors, as transferred to those Courts by the 10 & 11 Vict. c. 102, with the Statutes, Rules, Orders, and Lists of Fees; the Various Cases decided up to the Present Time, and the Forms By adapted to the Change of Jurisdiction. WILLIAM PATERSON, Esq. Barrister-at-Law. London: LAW TIMES Office. 1847. THIS instance the language of the deed should be rigidly Some adhered to; in the latter it may be varied. deeds, however, from their very nature and operation, require to be formally recited, and not simply the result stated; as where the reciting deed is a conveyance to uses to bar dower, when it would be inaccurate (though often done) merely to state the result, and say that the lands were limited to the usual uses to prevent dower, because there are several minute forms adapted to, and employed for, this purpose, particularly as to the mode of exenot a mere edition of the new statute, with cuting the power of appointment; and no one, from a few notes and a preface, but a complete treatise such general expressions, would know what the But where the direct result of a on the Law of Insolvency as it is to be administered exact uses were. in the County Courts. The volume has grown to former deed or instrument is one or more simple its present completeness through three successive fact or facts, which contain within themselves all editions, having at first contained only the preced- their own consequences, without looking further ing statutes of the 5 & 6 Vict. c. 116, and 7 & 8 into the language or frame of that instrument, it Vict. c. 96-both of which are now placed under may then be proper to state the result without the Upon those instrument. Thus, where a man is seised in fee, it the jurisdiction of the County Courts. statutes there have been a vast number of decisions, will be sufficient to state that fact without stating and a multitude of rules, orders, and forms promul- how he became so entitled. (See Conveyancer's gated by the Court, which were comprised in the Recital Book, p. 7.) It sometimes happens that second edition, by Mr. HOMES. During the period strict technical words have not been employed that has elapsed since the appearance of that edition, to create the estate, and this frequently hapthe cases have greatly accumulated, and all these pens in the case of entails created by will. Mr. PATERSON has embodied in his treatise, which Whenever this occurs, it will be more prudent to is consequently the result of a long succession of state the result; as that the testator devised the It is premises in question to A. for life, with remainder labours, and not a new and untried book. divided into six parts. The first treats of the Re- to his first and other sons in tail, instead of insertlief of Insolvent Debtors upon Petition for Protec-ing the actual terms of the devise, where such terms tion; the second, of the Discharge of Insolvent can possibly be construed to have a doubtful or Debtors in custody under the Insolvent Acts; the equivocal import; for, in the former case, the parthird, of Summoning a Debtor to be examined ties to the deed will be estopped from denying the under the Small Debts Act; the fourth, of the estate devised to be other than that recited; but if Practice, Forms, and Orders in cases of Insolvents the words themselves were set out in the recital, upon Petition for Protection; the fifth gives the then the parties would be equally estopped from Orders, with Lists of Fees in the proceedings of denying the legal import of the recited words an insolvent prisoner applying for discharge under (Rountree v. Jacob, 2 Taunt. 141; Baker v. the Insolvent Debtors Acts; and the sixth and Dewey, 1 B. & C. 704), which, to say the least of last gives the Statutes entire. Ready access to the it, might cause doubts and questions, which could whole work is afforded by means of a very elabo- never have arisen if the course above suggested rate Index. From this description of it, readers will form their own judgment whether it be not a necessary handbook to all engaged in the County Courts, whether as officers or practitioners. JOURNAL OF PROPERTY. ON A PRACTICAL COMMENTARY By WILLIAM HUGHES, Esq. Barrister-at-Law. Conveyances of trust-property.—In all conveyances of trust-property, if there is a power for the trustees to give receipts, it will be sufficient to recite the creation of the trust, and the power to give such receipts, and there will be no occasion to recite the trusts of the purchase-money. But where the trustees are not invested with such a power, and the circumstance of the case make it incumbent on the purchaser to see to the application of the proceeds of the sale, it will be proper to disclose the trusts, and the persons beneficially interested in the purchase-money ought to be made parties to the deed for the purpose of releasing their claims on the property. In all cases, also, where trustees convey, it will be proper to set forth so much as justifies them in so doing. Thus, for example, if A. be originally a trustee for B., and C. afterwards, by any means, becomes entitled to the benefit of this trust, the manner in which C. became so entitled should be recited in the deed. had been resorted to. Description of parties.-In describing the par- last and then existing assignment, became, and is As to the date of recited documents.-It is a Recitals no estoppel except as between parties.Recitals, although operating by way of estoppel to the parties to the deed (Doe v. Sherlock, 1 Fox & Smith, 78; Doe v. Saunders, ib. 28; Rees v. Lloyd, Wightw. 123), do not afford any evidence as against other persons (3 Prest. Abs. 8); still, where they have been supported by long, uninter rupted possession, and relate to facts which have been within the knowledge of the parties, especially if those facts are stated with the circumstance of time, place, &c. they may be often relied on, though subject. no general rule ever has or can be laid down on the Recital of lease for year.-In conveyances by lease and release, it was always usual to recite the lease for a year, which was done at the end of the granting clause, which, though not absolutely necessary, was thus far important, that where the lease for a year was lost, it often afforded satisfactory proof that such lease was actually made, and the release duly founded upon it.. Hence the loss of a lease for a year that was recited in the release, which was a conveyance to the tentant to the præcipe, was held to be supplied by the statute 14 Geo. 2, c. 2, and that it was not unreasonable to presume, as the lease was recited in the release, and the parties were thus apprised of the necessity of a lease, that there was a lease. (Holmes v. Ailsbie, 1 M. & C. 551; see also Skipwith v. Shirley, 11 Ves. 64; Ward v. Garnons, 17 ib. 134.) In Irerate the lease for a year, which was allowed to afland, it seems to have been held sufficient simply to ford sufficient evidence of it, no such lease being ever made (9 Geo. 2, c. 5, s. 6; 1 Geo. 3, c. 3); for a year may now be dispensed with, enacts, that and the statute of 4 & 5 Vict. under which a lease the recital or mention of a lease for a year in a release executed before the passing of that Act, shall be evidence of the execution of such lease for a year. In order, however, that a release should be effectual under that Act, it was requisite that it should appear on the face of it to have been made in pursuance thereof. sometimes done at the very outset of the deed: viz. "This indenture made in pursuance of the Act;" at other times the reference to the Act was made in the testatum clause, as "the said A. B. doth by these presents, made in pursance of an Act, &c." Conveyances under the subsequent Act to," &c.; or, "all which said hereditaments and of 8 & 9 Vict. c. 106, do not require any reference premises were formerly the inheritance of A. B. to to that or any other Act. Many gentlemen, howwhom the said premises were conveyed by inden-ever, still continue to refer to the Act of 4 & 5 Vict. ; But this latter tures of lease and release bearing date, &c. and and others, adopting a kind of middle course, made, between, &c. and the said A. B. &c. and the stating the deed to be made "as well in pursuance course of proceeding being adapted to the then said A. B. by indentures of lease and release bear- as independently of that Act, &c." ing date, &c. conveyed the same,' Assignment of terms.-In the assignment of existing uncertainty in the law, will, it is appreterms either to a purchaser beneficially, or to a hended, soon grow out of use. trustee in trust to attend the inheritance, it has long been a common practice to omit the intermediate assignments, and confine the recitals to the creation of the term, and the last assignment; merely reciting that by a certain indenture made between the parties (naming them) the term was created, which Recitals to identify the parcels.-Sometimes the recitals in previous deeds are inserted for the purpose of identifying the parcels, and the course through which they have been transmitted, which is often important to disclose facts not apparent on the titledeeds themselves, as in the case of property descending from ancestor to heir. This, however, may often be done shortly, by being superadded to the description of the parcels, as-" which said messuage, &c. were formerly the inheritance of A. B. who died intestate, and descended from him to R. B. his Order in which the recitals should be made.-nephew and heir-at-law, who devised the same Generally speaking, the different documents should be recited according to the priority of their respective dates, and other facts and transactions according to priority of time at which the same occurred; but where there are several distinct transactions to to be stated, one independently of the other, it is sometimes better to go through the whole recital of one transaction, before the recital of the other is entered upon at all. It is better to recite deeds, as principal deeds, if the party has the original deeds and can depend upon the recital of them; but if he neither has the deeds, nor can depend upon the recitals, then they should be recited as recited deeds. There is also, it must be kept in mind, a difference between the recital of a deed and &c. This was The testatum.-It is usual to express in the testatum clause the consideration for which the conveyance is made, the mode of expressing which must be governed by circumstances, so as to adapt the language of the assurance to the facts and intention of the parties. By the rules of common the executors should remise, release, and quit claim; | with his interest; but which a tenant to the præcipe law no consideration is necessary to the validity The parcels. In describing the parcels care must be taken that the description is sufficiently descriptive, so as, on the one hand, to comprehend every part of the purchased property intended to be conveyed, and on the other hand, to exclude any portion that may be intended to be reserved to the vendor. At law, no more will pass than is well described, and, by the same rule, all that is described, and which the vendor has the power to convey, will pass. (2 Prest. Con. 447.) But the rule is otherwise in equity, as that Court will rectify an error where any portion of the parcels have been by mistake omitted, or by decreeing a reconvey. ance where more has been inserted in the conveyance than was the subject-matter of the contract (Rob v. Butterwick, 2 Pri. 190; Thomas v. Davis, 1 Dick. 301; Young v. Young, ib. 625; Beaumont v. Bramley, 1 Turn. 41); still it seems that is an equity attaching merely as between vendor and purchaser and their respective representatives, and does not affect issue in tail or remainder-men, neither of whom it seems can be compelled to supply an omission of this kind. Description should correspond with that contained in former deeds.-The description of the parcels in the deed of conveyance ought to correspond with that inserted in former deeds, so as to Parties taking under the conveyance.-The con- shew the identity of the lands throughout the title; veyance should be to the parties to take under it, unless where the property has been subdivided up and if the fee is to be conveyed, the grant should into parcels, when such a description must be nebe to the party and his heirs; those taking by way cessarily improper. Whenever cases of this kind of remainder are not named in this part of the deed; occur, Mr. Preston suggests that the new descripHow the consideration should be expressed in thus the name of the dower trustee, under the tion should be as simple as possible, and that the the deed. When a full and valuable consideration modern form of dower used, is now omitted; but attention should be directed to select those circumis paid, the receipt is usually expressed more fully when the more antiquated but now obsolete form stances of description which will distinguish the than where the consideration is merely nominal: of making the dower trustee and purchaser take as property from any other, and to take the most obthus, for example, the consideration clause, where joint tenants was in use, then the conveyance was vious circumstances of certainty as the foundation the conveyance is made by the vendor and his dower made to both, and it was declared in the habendum and groundwork of the description: thus, “all that trustee, usually states "that in consideration of that the estate of the trustee was in trust only for messuage, tenement, and farm call, situate, &c. £ sterling paid by the said vendor to the the vendor. Where any of the parties take by way which said hereditaments consist, &c. and were forsaid purchaser at the time of the execution hereof, of use or trust, then the releassee to uses, trustees, merly the inheritance of, &c." (1 Prest. Con. 447.) the receipt of which the said vendor hereby acknow- or trustee only, should be named in this part of the The advantage of adopting this mode, he observes, is, ledges, and therefrom doth, by these presents, release deed. Although it is the usual and most correct that the subsequent part of the description is indethe said purchaser, his heirs, executors, administra-mode of proceeding to annex words of limitation to pendent of the former part of it, and therefore, tors, and assigns for ever; and also in considera- the granting clause when an estate in fee is to be though the subsequent circumstances of description tion of 10s. at the same time paid by the said pur- conveyed, still this is here rather a formal than a may be erroneous, this error will not vitiate the chaser to the said dower trustee, the receipt whereof necessary part of the assurance, where there is, as grant, since that which is certain of itself cannot is hereby acknowledged," &c. This form is a in every modern drawn deed, an habendum; that be destroyed by that which is uncertain, false, or shorter one than has been generally adopted for this being in point of law the proper part of the assu-insensible; in support of which the learned writer purpose; still it seems that the more concisely rance for introducing the words of limitation; it cites from Bacon's Maxims (Nos. 13 and 25), “falsa (provided it be done correctly) the testatum clause being the office of the premises to name the grantee demonstratio non nocet: nil facit error in nomine can be penned, the more clearly will it tend to show and describe the parcels, and of the habendum to cum de persona (or de se) constat. Veritas nominis the objects effected by it. limit the estate. tollit errorem demonstrationis." (See also Shep. Where the purchaser is one of the conveying Touch. 246; Doe v. Greathead, 8 East, 91. parties.-If the purchaser himself must necessarily Where the conveyance is by trustees or mortbe one of the conveying parties, as in the instance gagees.-Sometimes trustees or mortgagees refuse of a mortgagee purchasing the equity of redemp-to convey by any other description than that by tion, (a) a direct conveyance to him would be improper; but this difficulty is easily gotten over by conveying through the medium of a trustee, and where the property is to be conveyed to dower uses, the dower trustee would be the proper party for the property to be conveyed to, which should be limited to such dower trustee and his heirs, habendum to him and his heirs, to such uses as the purchaser shall by deed appoint; and in default of appointment, to the use of the purchaser for life without impeachment of waste, with the usual limitation to the use of the dower trustee during the life of the purchaser, and with the ultimate remainder to the use of the purchaser, his heirs and assigns for ever. (See the Form, Div. II. No. 6.) Where the conveyance is by appointment and lease. The above clause supposes the conveyance to have been by release; for if made by appointment and release, it would be requisite that a testatum should precede the one now given, by which, after setting forth the consideration of the purchasemoney in the terms before mentioned, the vendor should appoint that the premises shall remain to the uses thereinafter declared; and the second testatum should merely express a nominal pecuniary consideration to be paid by the purchaser to the vendor and dower trustee, in consideration of which the dower trustee releases, and the vendor grants releases, and confirms. (See the Form, Div. II. No. 1, Clauses v. vi.) Where there are other conveying parties, they must convey according to their interests. For example, in the case before instanced, of a sale by an heir-at-law and executors of a deceased mortgagee under a power of sale contained in the mortgage, it should be expressed that in consideration of the purchase-money, setting out the amount paid by the purchaser to the executors, and of a nominal pecuniary consideration paid by such purchaser to the heir of the mortgagee, such heir, in respect only of his legal estate as heir-atlaw of the mortgagee, should release and convey; Disentailing deeds.-In disentailing deeds under the Fine and Recovery Substitution Act (3 & 4 Wm. 4, c. 74), a conveyance may, as we have already seen (antè, vol. 1, 142), be made with the protector's concurrence without the latter departing (a) That a mortgagee may so purchase, see ante, vol. I, p. 205. which the lands were conveyed to them, lest they should render themselves responsible for passing more than was so vested in them; but this apprehension seems groundless, particularly as qualifying words may be used so as to confine the lands in question to those originally conveyed to them. Where distinct parcels are held under different titles. It frequently happens that distinct parcels held under different titles are all included in the same deed. When such is the case, the parcels may be described in the order in which they are mentioned in the recitals, as first, "all, &c.": and then, after describing the parcels, may be added, "all which said hereditaments and premises are comprised in and described by the said hereinbefore recited indenture, &c." Secondly, "all, &c." referring in like manner to the recital relating to it, and so through all the remaining parcels. Where, however, the parcels are very numerous, the plan laid down by Mr. Preston appears to be the parcels comprised in each class of deeds in a a most neat and accurate mode; which is, to insert SEPT. 25.] THE LAW TIMES. commons, THE GAZETTES. AMOUNT OF DIVIDENDS DECLARED. the Pound. The Assignees, when chosen, follow this statement. Monday, Sept. 13. Everett, W. builder, last exam. sine die.-Hagg, S. tailor, last. exam passed.-Parker, T. ribbon manufacturer, last exam. Nov. 23. Tuesday, Sept. 14. Archer, J. tallow chandler, last exam. Nov. 12.-Burtt, C. chemist, last exam. Nov. 12.-Haylock, R. chemist, last exam. March 12, 1848.-Leek, T. basket maker, last exam. Nov. 25.-Parsons, T. victualler, last exam. passed.—Wiggins, F. horse contractor, last exam. Nov. 23. Wednesday, Sept. 15. distinct schedule, and to make a reference, from particular estate only was intended to pass, and was time to time, in the recitals, and also in the grant, also inapplicable to the character of a feoffment, to the appropriate schedule; thus the recital will be though often inserted therein, livery being made of to this effect :-"Whereas, by indentures, &c. all the possession and not of the estate of the feoffor. The sum stated as the Dividend means so much declared in &c. which are described and comprised in the first Now, under the recent Act, 8 & 9 Vict. c. 106, but schedule to these presents, with their appurtenances, which seems merely explanatory of the law as it stood Or when the circumstances previously, it is enacted "that every such deed, were conveyed, &c." unless any exception be specially made therein, shall require it, the recital may assume this form,"Whereas, by indenture bearing date, &c. divers be held and construed to include all houses, outhereditaments, and amongst them all those, &c. houses, edifices, barns, stables, yards, gardens, ortrees, woods, underwoods, comprised in the first schedule to these presents, chards, were conveyed, &c." The other recitals can be mounds, fences, hedges, ditches, ways, waters, liberties, privileges, easeexpressed in similar terms, adaping, of course, the watercourses; lights, Child, W. shoe mercer, last exam. passed.--Dowers, T. recital to the circumstances. The grant must be ments, profits, commodities, emoluments, hereditaby words of reference to the description in the ments and appurtenances whatsoever to the lands w. T. law stationer, last exam. passed.-Gage, B. tavern last exam. passed.-Richardson, J. glass dealer, last exam. schedules, and will be governed by the intention of therein comprised belonging, or in anywise apper-keeper, last exam. passed.-Pattenden, J. general dealer, Nov. 19.-Starkey, J. builder, last exam. Nov. 12.-Whitthe parties. In general it will be to the following taining, or with the same demised, held, used, ocThursday, Sept. 16. effect:-"All those messuages, &c. which are com-cupied, and enjoyed, and taken or known as part bread, E. baker, last exam. Nov. 10. prised and described in the first, second, third, or parcel thereof, and also of the reversion or reand fourth schedules to these presents." (See the mainders yearly, and other rents, issues, and profits Form, Div. II. No. 35.) If the general words be of the same lands, and of every part and parcel added to each parcel in the schedule, then the re- thereof; and all the estate, right, title, interest, inference will be to the rights, members, and appur-heritance, use, trust, property, profit, possession, tenances by general words: thus, viz. after the claim, and demand whatsoever, both at law and in words, every part and parcel of the same," add, equity of the grantor in, to, out of, or upon the "with the rights, members, and appurtenances"; same lands, and every part and parcel thereof, with (Sec. 2.) but when, as is the more frequent practice, the the appurtenances." general words are not inserted in the schedule, they should be introduced in the body of the deed, in the same form as if the description of the parcels had been there inserted, instead of being contained in the schedules. (1 Prest. Con. 458.) Duncan and Duncun, merchants, final joint and sep. divs. Official Assignees are given, to whom apply for the son, Manchester. Insolvents' Estates. ASSIGNMENTS To Trustees for the equal benefit of Creditors. Butterworth, W. grocer, Mansfield, Sept. 10. Trusts. J. Carter, gent. and T. Minnitt, merchant, both of Mansfield. Sol. Woodcock, Mansfield.-Kerslake, E. and Ingleson, M. Sackville-street. Sols. Short, Bristol, and Pike, Old Burmilliners, Bristol, Aug. 7. Trust, S. Rogers, warehouseman, lington-street.-Smith, J. and Thompson, J. C. warehousemen, Friday-street, July 29. Trusts. R. Lambert and W. Middleditch, warehousemen, Friday-st. Sols. Reed and Co. Friday-street. Grant of all deeds.-The concluding clause of the premises is the grant of all deeds. This, it seems, is not absolutely necessary to entitle the purchaser to the custody of the documents relating Potter, J. weighing machine maker, first, 1s. 114d. Hob. to the title, as it seems they will pass to him as inWhere freehold and copyholds lie intermixed cidental to his purchase, unless the vendor retains together. If freehold and copyhold lands are in- part of the estate, or has entered into qualified termixed together, and such are the subject-matter covenants for the production of them to a third of conveyance, every care must be taken not to person. (Field v. Yea, 2 T. R. 608); or according include the copyholds in the operative part of the to the old authorities, where a feoffor has entered grant; though instances sometimes occur where it is into a general warranty, who in that case would, it impossible to avoid this, from the inability to dis- is said, be entitled to retain the deeds in order to tinguish with any degree of accuracy what portions enable him to defend the title he has thus warof the lands are actually freehold and what copy-ranted. (Co. Litt. 6.) Mr. Jarman has, however, hold. To obviate this difficulty, it has been sug- suggested that, notwithstanding the purchaser will, gested that the grant itself should be of all such unless in the excepted cases above noticed, be entiand so many and such parts as are of freehold and tled to the custody of the title-deeds, independently not of copyhold tenure, of and in all, &c. adding a of any express grant of them, still it will be the full description of all the parcels, including the better plan to insert the clause granting them exfreehold and copyhold lands, or inserting such par-pressly to the purchaser, and so avoid the possibility cels in a schedule annexed to the deed. (See 2 of any question from being raised upon the subject,Prest. Conv. 458.) particularly as it has been questioned whether, when a conveyance takes effect under the Statute of Uses, the right to the custody of the deeds resides in the a relessee to uses, or passes with the land to the In order, however, to accomplish cestui qui use. this where the property is conveyed through the medium of a trustee to uses, he observes that it will be necessary to remove the grant of deeds from its usual position, and insert a distinct and separate clause for that express purpose. (See 7 Jarm. Byth. 461.) Parcels, how usually set out in appointments and assignments.-In appointments made in exercise of a power, the description of the parcels is often inserted in the recital of the instrument creating the power; the general words, also, are usually curtailed, being commonly restricted to the terms" with the appurtenances, or with the rights, members, and appurtenances thereto belonging,' and the reversion clause, all estate clause, and grant of deeds, is usually omitted. In assignments of leasehold property, it is also very common to describe the parcels in the recital of the deed by which the term was originally created; and where the conveyance is by trustees or mortgagees, the parcels are sometimes inserted in the recital of the deed creating the trust or mortgage. But in most other instances the parcels are inserted in the operative part of the deed. How property not intended to pass should be excluded. When the parcels under a general denomination are calculated to pass more lands than are the subject-matter of contract, it will be necessary to except the latter in express terms out of the conveyance. This exception can only be made to the grantor, or rather it cannot be made to a stranger; and if no name be mentioned, but the property be merely excepted, the grantor will be entitled to it during his estate in the premises. (Shep. Touch. 100.) If, however, the exception be only made to him during his life, it will be severed only during that period, and on his death revert to the purchaser. (Ib.) Where an exception is most frequently employed is, where there is a grant of manor, and some of the demesnes are to remain the property of the grantor, or are to be conveyed to other persons. (2 Prest. Conv. 462.) Of the general words.-After the description of the parcels was usually added such general words as might be supposed to cover any thing omitted in the description; but, generally speaking, the simple term appurtenances would equally have included everything they enumerated. Then came the reversion clause, which was considered rather a formal than a necessary part of the conveyance; then the all estate clause, but which was of course omitted in all well-penned instruments, where a (To be continued.) MEETING UNDER ASSIGNMENT. Stevenson, C. Osnaburgh-street (May 4, 1846), Trusts. Coffee-house, City, Sept. 28. P. P. Grellier, J. B. Byron, and J. W. Norton, Guildhall Gazette, Sept. 21. Barton, J. maltster, Carisbrooke, Sept. 16. Trusts. J. Rawkins, and B. Barton, yeomen, both of Brading, and J. J. Spickernell, builder, Carisbrooke. Sol. Eldridge, NewTrusts. J. Gill, publican, and T. Briggs, baker, both of port.-Lee, J. grocer, Mountsorrel, Leicestershire, Aug. 30. Mountsorrel. Sol. Inglesant, Loughborough.-Rigg, J. ship merchant, Liverpool, Sept. 16. Trust. R. W. Preston, innkeeper, Leeds, Sept. 7. Trusts. J. Tempest, malster, broker, Liverpool. Sol. Peach, Liverpool.-Webster, N. J. Redshaw, cloth manufacturer, and C. Smith, spirit merchant, all of Leeds, and J. Cooper, maltster, Drighlington. 8. Trust. J. Turley, currier, Sedgley. Sol. Phillips, WolSol. Barret, Leeds.-Weston, J. shoemaker, Bilston, Sept. verhampton. Bankrupts. DATE OF FIAT AND PETITIONING CREDITORS' NAMES. THE following scale of charges, reduced more than one-third, has been adopted for ARCHER, MICHAEL, and HALSALL, THOMAS, timber merAdvertisements of Estates for Sale, &c. exceeding 10 lines in length: For the first 70 words For every succeeding 30 words. 1s. 5s. Mon. Tues. Wed. 85 85 85 86 857 861 200 200 236 83 8 24 88 199 20 291 29 20 20 293 914 194 106 106 105 105 105 105 .. 24 21 241 18 18 19 19 183 chants and joiners, Liverpool, Oct. 26, at eleven, Liver- GRATRIX, WILLIAM HODGSON, and TRAVERNER, JOHN, REAM, CHARLES, scrivener, Painswick, Gloucestershire, HALEY, JONAS, machine maker, Batley Carr, Dewsbury, pet. cr. JACOB, JOSEPH PHELPS, carpenter, builder, and under- HALL, GEORGE, builder and victualler, Trowse Newton, Bankrupt's own petition. HYMS, JOSHUA, watch manufacturer, Jury-st. Aldgate, Meetings at Basinghall-street. Gazette, Sept. 17. Edmunds, E. hosier and glover, Lowndes-st. and Saint George's-pl. Knightsbridge, Oct. 9, at one, div.-Sergeant, R. oilman and British wine dealer, Maidstone, Kent, Oct. 13, at two, div. MEETING FOR ALLOWANCE OF CERTIFICATES. Maude, J. M. cement manufacturer, Rotherhithe, Oct. 9, at half-past one. Gazette, Sept. 21. Bewley, T. iron manufacturer, Chelmsford, Oct. 16, at eleven (adj. July 26), last exam. and aud.-Maude, J. M. cement manufacturer, Upper Ordnance-wharf, Rotherhithe, Oct. 9, at half-past one, aud.-Potter, J. grocer, Maidstone, Oct. 4, at eleven, proof of a debt. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Meetings in the Country. Birrell, A. vinegar manufacturer, Liverpool, Sept. 30, at MEETINGS FOR ALLOWANCE OF CERTIFICATES. Gazette, Sept. 21. T. tailors, Cheltenham, Sept. 14. Debts paid by Rossiter.Scott, J. and W. J. and Meredith, H. stock brokers, Birmingham, so far as regards Meredith, Sept. 16. Debts paid by the remaining partners.-Smith, J. H. and Kay, A. commission agents, Liverpool, Sept. 13. Debts paid by Smith. -Turner, J. S. and Caryl, W. A. surgeons, Woolwich, Sept. 15. Debts paid by J. Colquhoun, Woolwich.-Timperley, S. and J. drapers, Ashton-unde-Lyne, Sept. 11.Vince, W. and Redington, W. drapers, Downham, Sept. 8. Ensolvents Petitioning the Courts of Bankruptcy. PETITIONS TO BE HEARD AT BASINGHALL- Adams, J. out of business, Strathmore-terrace, St. George's East, Oct. 6, at eleven.-Blest, A. T. plumber, Old Charlton, Oct. 2, at eleven.-Bohn, J. bookseller's assistant, Charles-st. Peckham, Oct. 7, at eleven.-Bradley, C. gas fitter, Chapel-st. Clerkenwell, Oct. 7, at eleven.Brock, E. tailor, Maidstone, Sept. 30, at eleven.-Caudle, G. scale maker, Wych-st. Drury-lane, Sept. 30, at eleven.Chapman, J. chemist, Clifton-st. Finsbury, Oct. 14, at eleven.-Elgar, J. butcher, Sandgate, Oct. 6, at eleven.Elphick, G. engineer, Castle-court and Castle-st. East, Oxford-st. Oct. 6, at eleven.-Gough, W. jobbing coach maker, Warfield, Oct. 6, at eleven.-Hackman, J. fellmonger, Port30, at eleven.-Harris, T. H. stationer, Great Queen-st. Oct. sea, Sept. 29, at eleven.-Hall, J. cordwainer, Whittlesey, Sept. Barrs, E. (widow) lodging-house keeper, Cheltenham, Oct. 14, at eleven, Bristol, aud.-Burdett, J. P. grocer, Uttox eter, Staffordshire, Oct. 14, at twelve, Birmingham, aud. and div.-Cox, T. wine and spirit merchant, Man-7, at eleven.-Hearne, R. mail contractor, Speenham-land, near Newbury, Oct. 14, at eleven.-Hickman, E. traveller, chester, Oct. 12, at twelve, Manchester, aud. and Oct. Manor-st. Old Kent-road, Oct. 14, at eleven.-Howland, G. 13, at twelve, first div.-Cox, C. wine and spirit merchant, Salford, Oct. 12, at twelve, Manchester, aud. 30, at eleven.-Humphry, J. schoolmaster, East Everleigh, market gardener, Ville of Dunkirk, near Faversham, Sept. and Oct. 13, at twelve, first div.-Currie, R, bookseller, Sept. 29, at eleven.-Hynes, J. optician, King's Lynn, Oct. Newcastle, Oct. 12, at twelve, Newcastle, aud.-Freeman, J., 7, at eleven-Jarvis, J. W. general dealer, Fulwood'sM. D. and boarding-house keeper, Cheltenham, Oct. 14, at eleven, Bristol. aud.-Glass, J. coal merchant, De- Grandchester, Sept. 17, at half-past two.-Mattheus, S. rents, High Holborn, Oct. 2, at eleven.-Lilley, T. brewer, vizes, Oct. 14, at eleven, Bristol, aud.-Hall, W. grocer beer retailer, Portsea, Oct. 19, at eleven-Newman, T. R. and flour dealer, Claypath, Durham, Oct. 12, at one, New- smith, Eltham, Oct. 14, at eleven.-Roberts, F. widow, out castle, aud. and Oct. 14, at one, final div.-Halliley and of business, Wharf-road, City-road, Oct. 2, at eleven.Halliley, calico printers, Wigton, Oct. 14, at eleven, New- Samuell, R. ham dealer, St. Martin's-court, Leicestercastle, joint aud. aud sep. of R. Halliley.-Hodgson, R. square, Oct. 7, at eleven.-Serafield, W. baker, Cambridge, mercer, Bishop Auckland, Oct. 12, at half-past eleven, New- Sept. 29, at eleven.-Thompson, J. jun. shopman, Prospectcastle, aud.—Jobling, T. draper and grocer, High Canside, place, Mile-end-road. Oct 2, at eleven.—Tripp, G. pianoOct. 12, at eleven, Newcastle, aud.-Mayer, R. ale dealer, forte manufacturer, Frederick-st. Hampstead-road. Sept. 30, Longton, Oct. 14, at twelve, Birmingham, aud.-Naylor, at eleven.-Walker, S. widow, Great Marlborough-st. Oct. H. M. haberdasher. Birmingham, Oct. 14, at twelve, Bir- 6, at eleven.-Yeowell, W. bootmaker, Barbican, Sept. 30, mingham, aud.-Pearson, L. currier and leather dealer, at eleven. Oct. 12, at one, Newcastle, aud. and Oct. 14, at twelve, final div.-Pritchard, J. licenced victualler. Quay-head, St. Stephen, Bristol, Oct. 14, at eleven, Bristol, aud. and Oct. 15, at eleven, div.-Rochester, R. butcher, Hartlepool, Oct. 12, at half-past twelve, Newcastle, aud.-Taylor, C. brush manufacturer, Birmingham, Oct. 14, at twelve, Birmingham, aud.-Watson, G. bookseller, Gateshead, Oct. 12, at half-past one, Newcastle, aud. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Cor, T. wine merchant, Manchester, Oct. twelve, at twelve, Manchester. - - Holford, T. H. grocer, Dudley, Oct. 14, at eleven, Bristol.-Hurdle, S. cheese factor, Hazelbury Bryan, Oct. 9, at eleven, Exeter.-Kinder, J. painter. Birkenhead. Oct. 15, at eleven. Liverpool.-Smith, J. cotton spinner, Ashton, Oct. 14, at eleven, Liverpool. Partnerships Dissolved. Gazette, Sept. 14. Moat, F. and Routledge, A. glove manufacturers, Wood- Gazette, Sept. 17. MEETINGS AT BASINGĦALL-STREET. Hunt, C. plumber, high-st. Notting-hill, Oct. 7, at halfpast twelve, aud. and div.. PETITIONS TO BE HEARD IN THE COUNTRY. Addenbrook, J. mason, Sedgley, Sept. 23, at eleven, Birmingham.-Brown, W. publican, Ashborne, Sept. 24, at eleven, Nottingham.-Beagan, B. boot-maker, Liverpool, tingham, Oct. 1, at eleven, Nottingham.-Harrison, H. Oct. 1, at eleven, Liverpool.-Cockayne, W. butcher, Notengineer, Wigan, Sept. 25, at twelve, Manchester.-Hobday, J. steel-pen manufacturer, Birmingham, Sept. 25, at eleven, Birmingham.-Hyatt, W. clerk, Dudley, Oct. 2, at eleven, Birmingham-Kittle, R. farmer, Barrowby, Oct. 1, at eleven, Nottingham.-Lawreston, J. baker, Salford, Sept. 22, at twelve, Manchester.-Leather, J. architect, Liverpool, Oct. 1, at eleven, Liverpool.-Lees, E. bookkeepor, Oldham, Sept. 21, at twelve, Manchester.-Lowe, B. butty collier, Kingswinford, Sept. 30, at twelve, Birmingham,Nicholl, J. brewer, Foleshill, Sept. 21, at half-past eleven, Birmingham.-Price, J. out of business, Little Over, Oct. 1, at eleven, Nottingham.-Smallman, J. brewer, Cheltenham, Oct. 7, at one, Bristol.-Smith, T. drover, Swineshead, Sept. 24, at eleven, Nottingham.-Stone, F. plumber, Bristol, Oct. 5, at half-past eleven, Bristol.-Stretton, S. out of business, Broadmead, Sept. 28, at twelve, Bristol.-Walters, P. A. brazier, Commerce-st. Lane End, Sept. 25, at eleven, Birmingham.-Waring, J. out of business, Manchester, Sept. 25, at twelve, Manchester.-Wood, T. appraiser, Cheltenham, Oct. 7, at one, Bristol. MEETING IN THE COUNTRY. Gouldthorp, T. bricklayer, Hull, Oct. 6, at ten, Hull, Collins, C. out of business, Portman-place. Edgewareroad, Sept. 29, at eleven.-Halcombe, J. serjeant-at-law, Vernon-st. Bagnigge-wells-road, Sept, 21, at eleven.-Pitkin, J. plasterer, Luton, Oct. 11, at eleven. PETITIONS TO BE HEARD IN THE COUNTRY. Barnes, C. crockery ware dealer, Hull, Oct. 6, at half-past Akeroyd, J. joiner, Leeds, Sept. 23, at eleven, Leeds.ten, Hull.-Brook, J. blanket manufacturer, Batley, Sept. Lyne, Oct. 1, at twelve, Manchester.-Crookes, A. clerk, 22, at eleven, Leeds.-Buchanan, S. surgeon, Ashton-underLeeds, Sept. 23, at eleven, Leeds.-Dennis, W. cabinet maker, Halifax, Sept. 23, at eleven, Leeds.-Gooder, C. weaver, Hopton-in-Mirfield, Sept. 23, at eleven, Leeds.Hampson, R. wheelwright, Wigan, Sept. 28, at eleven, Manchester.-Harvey, I. grocer, Lower Easton, Oct. 7, at Oct. 1, at twelve, Manchester.-Ibbetson, R. butcher, Hull, Oct. 6, at half-past ten, Hull.-Milnes, F. blanket weaver, Birstal, Oct. 5, at eleven, Leeds.-Mitchell, H. lime carrier, Clitheroe, Sept. 28, at eleven, Manchester.-Pankhurst, A. superintendent of retail provisions, Stoke-upon-Trent, Sept. 25, at eleven, Birmingham -Porritt, J. out of business, Dewsbury, Sept. 23, at eleven, Leeds.-Rosentall, J. hawker, Birmingham, Sept. 25, at eleven, Birmingham.-Smith, D. overlooker, Halifax, Sept. 23, at eleven, Leeds.—Wilding, R. publican, Wigan, Sept. 28, at eleven, Manchester.Wilkes, S. modeller, Willenhall, Sept. 25, at half-past eleven, Birmingham." Abbott, H. and Bradley, W. T. coal merchants, Upper Thames-st. Sept. 16.-Anglim, J. Luckie, E., D., D. F. and G. merchants, London and Demerara, so far as regards An-eleven, Bristol.-Hulme, T. labourer, Great Budworth, glim, Dec. 31.-Armstrong, W. M. and Fisher, C. attorneys, Red Lion-sq. Aug. 31. Debts paid by Armstrong.-Bowles, A. and Nonke, I. D. timber merchants, Bristol, Sept. 13.Brunskill, J. and Ward, H. M. chemists, Saint Helens, Sept. 16. Debts paid by Brunskill.-Cocking, S. sen. and jun. builders, Peckham, June 24. Debts paid by Cocking, sen.-Conway, D., How, J. and Dobson, J. bedstead manufacturers, Liverpool, Sept. 11. Debts paid by Conway. Deakin, T., S. S., and J. B. merchants, Sheffield, so far as regards T. Deakin, Sept. 15.-Lancaster, T. and Molyneux, T. B. Bombay. Dec. 31.-Matthewson, T. and Clay, R. coal fitters, Newcastle, Stockton, Hartlepool, and Middlesbrough, Sept. 1.-Miller, J., Ravenhill, R., Cowen, G. and Salkeld, J. engineers, Glasshouse-fields and Blackwall, so far as regards Cowen, June 30, 1845.-Miller, J., Ravenhill, R., Salkeld, J. and Birley, H. engineers, Glasshouse-fields and Blackwall, so far as regards Birley, March 31.-Milthorp, W. and Sussmann, A. paper dealers, Bradford, Aug. 31. Debts paid by Milthorp.-Page, O. and Grey, R. H. corn merchants, Fenchurch-st. Sept. 16.-Peek, D. and W. A. pianoforte makers, Camberwell-green, Aug. 30. Debts paid by D. Peek.-Prior, J. W. and J. W. silversmiths, Newington-causeway, Sept. 17.-Rossiter, J. and Dix, W. From the Gazette of Friday, Sept. 24. Thompson, T. K. grocer, Tower-st.-Stock, B. innkeeper, Margate. Ross, J. grocer, Great Tower-st.Craske, J. J. linen draper, Lowestoft, Suffolk.-Dyer, J. W. cheesemonger, Myddleton-st. Clerkenwell.-Pineger, W. innkeeper, Highworth, Wiltshire.-Symes, W. L. grocer, Ashton-under-Lyne.-Townsend, T. S. and W. drapers and haberdashers, Liverpool. |