irregularity may recover full satisfaction for the special damage by an action on the case in any of her Majesty's courts of record. 13. Tender of amends.-No plaintiff shall recover in any action for any irregularity, trespass, or other wrongful proceeding made or committed in the execution of this Act, or in, under, or by virtue of any authority hereby given, if tender of sufficient amends shall have been made by or on behalf of the party who shall have committed such irregularity, trespass, or other wrongful proceeding before such action brought; and in case no tender shall have been made it shall be lawful for the defendant in any such action, by leave of the court where such action shall depend, at any time before issue joined to pay into court such sum of money as he shall think fit, whereupon such proceeding, order, and adjudication shall be had and made in and by such court as in other actions where defendants are allowed to pay money into court.

14. Limitation of actions.-No action, suit, or information, or any other proceeding, of what nature soever, shall be brought against any person for anything done or omitted to be done in pursuance of this Act, or in the execution of the authorities under this Act, unless notice in writing shall be given by the party intending to prosecute such suit, information, or other proceeding, to the intended defendant, one calendar month at least before prosecuting the same, nor unless such action, suit, information, or other proceeding shall be brought or commenced within three calendar months next after the act or omission complained of, or in case there shall be a continuation of damage, then within three calendar months next after the doing such damage shall have ceased.

15. Commencement of Act.-This Act shall commence and come into operation on the first day of August, one thousand eight hundred and fifty-four. CAP. LXXV.

An Act to remove Doubts concerning the due Acknowledgment of Deeds by Married Women in (7th August, 1854.)

certain cases.

3 & 4 Will. 4, c. 74.-Whereas by the Act passed in the session of Parliament holden in the third and fourth years of King William the Fourth, chapter seventy-four, "for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance," it is provided that every deed to be executed by a married woman for any of the purposes thereof, except such as may be executed by her in the character of protector for the sole purpose of giving her consent to the disposition of a tenant in tail, shall, upon her executing the same or afterwards, be produced and acknowledged by her as her act and deed before a judge of one of the Superior Courts at Westminster, or a Master in Chancery, or before two of the perpetual commissioners or two special commissioners to be respectively appointed as therein provided, and a certificate of the taking of such acknowledgment is thereby directed to be lodged with some officer of the Court of Common Pleas at Westminster,

who is directed, after satisfying himself that the requisitions of the said Act have been complied with in manner therein mentioned, to cause the said certificate to be filed of record in the said Court of Common Pleas: and whereas it is apprehended that deeds executed by married women under the provisions of the said Act may be liable to be invalidated by the circumstance that the judge, or Master in Chancery, or one or both of the commissioners, taking the acknowledgment, may be or may have been interested or concerned, either as a party or otherwise, in the transaction giving occasion for such acknowledgment, and it is not expedient that deeds executed in good faith under such circumstances should be invalidated: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Acknowledgment of deed not impeachable by reason only of party before whom same was taken being interested. No deed which has been acknowledged or which shall hereafter be acknowledged by a married woman before a judge of one of the Superior Courts of Westminster, or a Master in Chancery, or before two of the perpetual commissioners or two special commissioners appointed as by the said Act is required, shall be impeached or impeachable at any time after the certificate of such acknowledgment has been filed of record in the Court of Common Pleas at Westminster, by reason only that such judge or Master in Chancery, or such commissioners, or either of them, was or were interested or concerned, either as a party or parties, or as attorney or solicitor or clerk to the attorney or solicitor of one of the parties, or otherwise, in the transaction giving occasion for such acknowledgment. 2. Staying proceedings for quashing certificate of acknowledgment.-Provided, that if any proceeding instituted before the thirteenth day of July one thousand eight hundred and fifty-four in the said Court of Common Pleas, for the purpose of quashing or taking off the file of records of the said Court any certificate of an acknowledgment of a deed by a married woman, on the ground that such judge or Master in Chancery, or either of such commissioners, was interested or concerned as aforesaid, shall be pending at the passing of this Act, shall

(7th August, 1854.)

11 & 12 Vict. c 49.-Whereas the provisions in force against the sale of fermented and distilled liquors on the morning of the Lord's-day have been found to be attended with great benefits, and it is important to extend such provisions: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Licensed victuallers, &c. prohibited from opening houses for sale of beer c. during certain hours of Sunday, &c.-That it shall not be lawful for any licensed victualler or person licensed to sell beer by retail to be drunk on the premises or not to be drunk on the premises, or any person licensed or authorized to sell any fermented or distilled liquors, or any person who by reason of the freedom of the mystery or craft of vintners of the city of London, or of any right or privilege, shall claim to be entitled to sell wine by retail to be drunk or consumed on the premises, in any part of England or Wales, to open or keep open his house for the sale of or to sell beer, wine, spirits, or any other fermented or distilled liquor between half past two o'clock and six o'clock or after ten o'clock in the afternoon, on Sunday, or on Christmas-day, or Good Friday, or any day appointed for a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sunday, Christmas-day, or Good Friday, or such days of public fast and thanksgiving, except as refreshments to a bona fide traveller or a lodger therein.

2. Houses, &c. of public resort prohibited from being opened for sale of liquors, &c. on Sundays, &c.-That no person shall open any house or place of public resort for the sale of fermented or distilled liquors, or sell therein such liquors, in any part of England or Wales between half-past two o'clock and six o'clock or after ten o'clock in the afternoon on Sunday, or on Christmas-day or Good Friday, or any day appointed for a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sundays, Christmas-day, or Good Friday, or such days of public fast and thanksgiving, except as refreshment for travellers.

3. Power to constables to enter houses, &c.-That it shall be lawful for any constable at any time to enter into any house or place of public resort for the sale of beer, wine, spirits, or other fermented or distilled liquor or liquors; and every person who shall refuse to admit or shall not admit such constable into such house or place shall be deemed guilty of an offence against this Act.

4 Penalty for offences against this Act.-That every person who shall offend against this Act shall be liable, upon a summary conviction for the same before any justice of the peace, for the county, riding, division, liberty, city, borough, or place where the offence shall be committed, to a penalty not exceeding five pounds for every such offence, and every separate sale shall be deemed a separate offence.

THE MAGISTRATE,

AND PAROCHIAL AND MUNICIPAL LAWYER.

THE NEW MINISTER OF HEALTH. - We have reason to believe that Sir B. Hall, M.P. for Mary

lebone, will be the first minister appointed under the new Bill, brought in by Sir W. Molesworth, for the reconstitution of the Board of Health.-Times.

A shopkeeper at Barnsley has been fined in the mitigated penalty of 57. and 27. 1s. costs, for giving an unstamped receipt for 21. 38. 6d.

COST OF REGISTRATION OF ELECTORS.-According to a return just made, the sum paid by the Treasury for the services of the revising barristers in 1853 was 17,640. Each of these gentlemen receives 2164. This year the amount will be increased to 17,850, another barrister being added to the list, making in all There is no account of the number of days they are occupied with the revision. A further sum of nearly 80007. is paid to the clerks of the peace out of the county rates for the expenses of registration. A coasiderable sum is also paid out of the poor-rates (30,9947. last year) in respect of Parliamentary and municipal registration and cost of jury lists; but there are no means of ascertaining how much of it is for the parliamentary registration.

BURIAL CLUBS.-The select committee on Mr.

Sotheron's Friendly Societies Bill took evidence on the temptation of funeral money. They examined the subject of child-murder, alleged to be induced by four judges, two governors of prisons, two coroners, a chief of police, a chaplain of a prison, a registrar of births and deaths, and a solicitor who had been engaged in a prosecution for child-murder; and the committee came to the conclusion that the instances of child-murder where the motive has been to obtain money from a burial society are very few (they bad evidence of only four convictions in the last thirteen years), and that it is not necessary to legislate specifically with a view to the prevention of that crime. The judges, however, pressed upon the committe that it was not allowed by law to any person, rich r poor, to insure the life of another unless he has a pecuniary interest in the continuance of such life, a that an insurance for burial-money is at variance with this rule, and, if permitted, ought carefully to be limited to its avowed object of providing for the child's funeral.

The committee consider that the law

requiring the payment to be made to the undertaker is disliked, and is altogether illusory and inoperative; in many cases no such person is employed. They propose, as a better course, to limit the amount te be received, whether from one or more societies, to on the death of a child under tive, and 10% on t death of a child between five and ten, a medical certificate of the cause of death to be in all cases pro

duced.

REAL PROPERTY LAWYER
AND CONVEYANCER.
Summary.

IN the Law of Landlord and Tenant it was ruled by Williams, J. that an agreement that rent shall not accrue until the premises are complete docs not preclude a lessor from recovering for use and occupation if the lessee enters, either actually of constructively: (Smith v. Eldridge, 23 L. T. Rep. 270.)

It appears that Mr. Peto's Act, 13 & 14 Vict c. 28, does not apply to a chapel of the Wesleyan Methodist connection. Where, therefore, the was a necessity for appointing trustees for su resort was had to the Charitable Trusts Act, 16 & 17 Vict. c. 137: (Re Houghton's Charity 23 L. T. Rep. 268.)

trusts for his (B.'s) wife and children. It was held that this instrument was a good declaration of trust within the 7th section of the Statute of Frauds, and that it was not of a testamentary character: (Tierney v. Wood, 23 L. T. Rep. 266.)

Correspondence.

REGISTRATION OF BILLS OF SALE.-On further consideration of the very ill-worded Act for the Registration of Bills of Sale, I am of opinion that it is not applicable to leases, as I had surmised it to be-at least, not in the sense I mentioned. According to the first section, the fixtures would have to remain "in the possession, or apparent possession, of the person making such bill of sale"-in other words, of the lessor. Of course, in practice, the lessee usually takes possession at once upon the execution of the lease; but there is sometimes delay, which, however, will be no longer safe, as, in case of the insolvency, &c. of the lessor before such possession is taken by the lessee, the latter will be unable to make a title to the fixtures for the residue of the term, unless he has registered the lease. In the case of a lease to commence at a future date-that is, of an interesse termini-it will clearly be necessary to register, if the lessor retains for the intervening time the custody of the premises. The same remark applies to leases, which some practitioners, regardless of the contingencies of death, do not hesitate to post-date. In the case of a lease antedated more than twenty-one days, possession by the lessee should coincide with execution by him, as he cannot register. In all cases of leases of houses or buildings it will be necessary for the lessee's solicitor to search the register, in order to ascertain whether the lessor has made a bill of sale of the fixtures. Under the definition of " apparent possession" it would seem doubtful whether a lease of a room, or other portion of a building, must not in all cases be registered as a bill of sale. Here is a pretty nest of details and difficulties, such as will always arise so long as Acts altering the law are entirely confided to mere chamber lawyers. If every Law Bill were submitted to the various Law Societies of the country before being introduced into Parliament, it would render the statutes made much more creditable to the Legislature, and prevent a vast mass of litigation. Manchester, Aug. 7.

LEX.

REGISTRATION OF BILLS OF SALE.-Your article

last week on the subject of this Act of Parliament has suggested the following observations, which you will perhaps grant a place in your columns. With reference to the effect of an unregistered bill of sale as against a bankruptcy or execution occurring within the period allowed for registering, it appears to me to be clear beyond a doubt that registration at any time within the twenty-one days will be effectual, whatever may have occurred in the interim. The registration is not in the nature of a condition precedent necessary to give effect to the bill of sale, which is in itself immediately upon execution a complete and valid instrument, liable only to be defeated as against creditors by matter er post facto, namely, the non-registration. If it be registered within the twenty-one days, the statutory infirmity never attaches, and, consequently, the instrument must have at least as much effect as before the Act. I say "at least" advisedly, because I am strongly inclined to think that, as regards assignees in bankruptcy, all bills of sale not invalidated by subsequent non-registry are put on a better footing than formerly. We were always accustomed to consider in practice that by virtue of the reputed ownership clause a bankruptcy would over-reach a bill of sale, however honest the transaction, and however cautiously worded the instrument, if the goods were in the possession, or, as it is termed, the order and disposition of the bankrupt at the time of his bankruptcy. But when this Act of Parliament says that bills of sale not registered within twenty-one days shall be void against assignees in bankruptcy, does it not (on the principle of expressio unius, &c., and in conformity with the ordinary rules for construing statutes) say in effect that bills of sale which are so registered shall be good against such assignees. Again, it must not be forgotten that, even if never registered, a bill of sale is invalidated only as regards goods which at the time of the bankruptcy, &c., and after the expiration of the twenty-one days, are in the possession of the assignor. If, therefore, within the twenty-one days, the goods are taken out of his possession, whether by the person claiming under the bill of sale, or by any other party, it becomes unnecessary to register the deed at all; and as the seizure by the messenger under a bankruptcy, or by the sheriff under a fi. fa., would in general put an end to such possession, registration might in such a case be safely dispensed with altogether. The bearing of the Act on mortgages of house property, including fixtures, does not strike me as being of much practical importance. The word "fixtures" is of ambiguous signification, just as the property represented by it is of an anomalous or hybrid character. Fixtures, generally defined as personal chattels annexed to land, have been held to be neither goods nor any interest in land within the meaning of the different sections of the Statute of Frauds, and an assignment of fixtures is said to be an assignment of a "right of removal." This right of removal varies greatly under different

account of the personalty as before: if sufficient, you pay duty on the residue; if insufficient, the balance is deducted from the gross value of the real estate, and a deduction of four per cent. is made from the annual value of the real estate, and the duty, being calculated by way of annuity, is easily ascertained. trust this is satisfactory. LEX.

Answers to Queries.

TITHE COMMUTATION ACT.-In the case put by "A Solicitor's Clerk" it appears to me that, although under 6 & 7 Will. 4, c. 71, only two years' arrears of tithe are recoverable

by distress, and the tithe-payer is declared by that Act not to be personally liable, yet there would be no harm in issuing the notice for six years' arrears; and, the whole amount having lawfully come to the tithe-owner's hands, and being justly due (although the remedy for recovering it had been taken away), he, the tithe-owner, may be considered to be in the same position as any other creditor would be against whom the Statute of Limitations has run, but who holds property of his debtor in his hands; that is to say, he has an available lien on the money for all demands justly due, notwithstanding the statute.

B.

circumstances; restrained within very narrow limits as between heir and executor, it is more liberally construed between tenant for life and reversioner, and attains its greatest latitude as between landlord and tenant. down; but the right appears to me to be almost enIts principles are nowhere very clearly laid tirely the creature of intention. The true rule would seem to be that that which is affixed to the freehold, with the intention of permanently forming part of it, shall be incorporated with it, while that which is merely affixed as matter of temporary convenience, and in contemplation of a future severance, may be removed. Thus a tenant for years putting up a new marble chimney-piece may remove it, for it is obviously done, not to benefit the property, but for his own convenience or delectation; but if an owner in fee does the same thing, the chimney-piece becomes at once part of the freehold, and his executor cannot claim it from his heir. Now the law of fixtures, as between mortgagor and mortgagee, must obviously be the same as between heir and executor. The mortgage of the house (without mentioning fixtures) passes all its permanent fixtures, such as grates, chimney-pieces, cupboards, &c.; and any additions thereto which the mortgagor may make during the continuance of the mortgage, being made for the permanent benefit of his own property, and without any intention of removal, would clearly be irremovable. An express grant of the fixtures appears therefore to be of little if any importance. If it have any force at all, and is not mere supererogation, it can only apply to a few JOINT-STOCK COMPANIES' LAW trifling articles, such as window-blinds, &c., which are not in the nature of permanent fixtures, but are usually put up by a tenant; and when it is remembered that the object of mentioning fixtures in mortgages, is (as rightly stated in your article) to prevent AN important decision on sect. 69 of the Lands injury to the property by a hostile mortgagor, and Clauses Act, is Er parte Macauley, 23 L. T. Rep. that as against him and all other persons, except 263, in which it was held that where the pur(under certain circumstances) his creditors, the assign-chase-money of freehold land has been paid into ment is equally good whether registered or not, it Court, there is no jurisdiction to authorise its will hardly be thought necessary or desirable to investment in leasehold property. incur the trouble, expense, and publicity of registry in the cases under consideration.

The will of the late Duke of Portland has been 900,000l.; probate-duty, 12,000l. The Duke directed proved. The personal property was sworn under that the cost of his funeral should not exceed 1007. He bequeathed 5000l. to be divided among his

servants.

JOURNAL.

Summary.

SOLICITORS' JOURNAL.

Summary.

Your correspondent "Lex" seeks to extend the necessity of registration to leases. The foregoing remarks will of course apply also to his letter; but, as the operation of the statute is expressly confined to goods of which the assignor retains possession (aA QUESTION of taxation of a Solicitor's bill is restate of things not very compatible with the existence unable to appreciate the force of his argument.

of a lease of them to another), I must confess myself

N. M. S.

BILLS OF SALE.-Every one who has read the loosely-drawn Act for enforcing the registration of bills of sale must acknowledge the justice of your remarks upon its wording. It is not even clear whether the filing of the original bill of sale is compulsory, or whether a copy may be filed; for, in the 1st section of the Act, the words "or a true copy thereof" seem immediately to refer to the schedule or inventory, and not to the bill of sale mentioned long before. Again, the requirements of the Act as to the affidavits are by no means lucidly stated. I would ask any one to work out practically the section, without inquiring previously at the office for information as to what they require. What is it necessary that the affidavit should state as to attesting witnesses, or do those words only apply to the cases under "process?" It may be useful to inform your readers that at the Q. B. office it is required that a full copy of the deed (with attestations, &c.) should be left with an affidavit annexed, made by the attesting witness to the execution by the maker or giver-and which should state that the original bill of sale, of which the annexed is a true copy, was executed on (the day of execution) and should verify the signatures of the person making the bill of sale, and of the deponent. It is considered sufficient at the office, that the description of the attesting witness should appear on the affidavit as that of the deponent. The Act authorises the officer to receive one shilling for registering the bill of sale; by reason of the accompanying affidavit he levies 38. altogether. have had a case of an assignment of leaseholds, where in consequence of certain fixtures (removable), being included in the deed, registration under this Act seemed to me essential. A considerable expense was thus entailed on the client, for a full copy of a long deed had to be verified and registered. These crude remarks may be of use in guiding those distant from the Q. B. office. The statute will be of immense utility. Pity that a little longer notice was not given, before its coming into force, and that it had not been better constructed. S. G. M.

"

I

SUCCESSION DUTY.-In reply to "J. D." the explanation of "deficiency in cash account means deficiency in the residuary account, the personal estate being insufficient to discharge its liabilities, as although the real estate was under heavy mortgage, according to its value, you are obliged to carry the mortgage-debt, although charged on the real estate, in the residuary account; and that, together with the deficiency made the "deficiency in cash account," and in filling out the succession duty, you refer the commissioners to the residuary account and copy the register for their guidance. Probably I may be right in saying that you make out a debtor and creditor

ported from the Court of Appeal. B. employed

C. as his solicitor, and, being otherwise indebted to him, executed a mortgage to him for a sum slightly exceeding the amount of the debt and the bill of costs, receiving the balance in cash. Afterwards he concurred in assigning the mortgage to a third person. He continued to employ C. in other matters, but afterwards discharged him and employed another. A second bill of having notice that he could not have it taxed after costs was thereupon delivered, which B. paid, payment. B. applied to have both bills taxed. But the Court of Appeal held that the security given for the first bill amounted to a payment, and that there were no special circumstances to justify the Court in acceding to the motion, there being no overcharges amounting to fraud: (Ex parte Turner, 23 L. T. Rep. 262.)

Three Solicitors, B., C., and D., were partners, but B. only nominally. A client of the firm, when having business with them, was accustomed to write to D. personally, from whom he received letters in reply, sometimes in the name of the firm, sometimes in his own name. D. wrote requesting that a cheque might be sent to "us," meaning the firm, and the client remitted to him personally a sum of money to be paid into Court, which money, with others, D. misappropriated. The partnership had been dissolved as to D. since December last. An application was now made, that B., C., and D. should be ordered to pay into Court the sums remitted to D., but the Court refused the order us against B. and C. V.C. Stuart, in his judgment, said, that a Solicitor "receiving money to be paid into Court, and not paying it, is guilty of misconduct and neglect of duty; and under its summary jurisdiction over the Solicitor, as an officer of the Court, this Court can compel him to repay the money:" (Re Lawrence and others, 23 L. T. Rep. 267.)

In the Practice of the Common Law we have to note the case of Bentley v. Dawes, 23 L. T. Rep. 269. There defendant had demurred to the declaration, and judgment was given for plaintiff, and at the trial a juror was withdrawn. The plaintiff was held to be entitled to the costs of the demurrer, irrespective of the termination of the suit or the assessment of damages.

In the Law of Evidence there are two cases. issue whether a locus in quo is in county B. A map Hammond v. Bradstreet, 23 L. T. Rep. 271, was an was tendered in evidence, printed on paper from an engraved copper-plate, and having on it the following words: "New map of the county of B., taken from the original map published by C. in

1736, who took an accurate survey of the whole county, now republished with corrections and additions by the sons of the author, 1766, and engraved by D." This map was produced out of the custody of a county magistrate, in whose possession it had been for the preceding twelve years. It was held by the Ex. Ch. not to be admissible; "At the utmost," said the Court in its judgment, "this was only a declaration by the sons that they believed the boundaries to be as described by C., or that they were described by them." The Court also intimated very great doubts whether an apportionment under the Tithes Commutation Act, with a map annexed to it, is admissible as evidence. It may be concluded from Meeson v. Oliver, 23 L. T. Rep. 271, that telegraphic messages are admissible in evidence.

A new statute, 17 & 18 Vict. c. 34 (23 L. T. 196) empowers the Courts of Law in England, Ireland, and Scotland, to issue subpoenas for the attendance of witnesses whenever they shall be within the United Kingdom, and service of such is to be as valid as if it had been served within the jurisdiction of the Court from which it issues. The writ is to state at the foot of it that it is issued by special order. Witnesses making default are to be punished by the courts of the country in which the process was served, but not if it appear that sufficient money had not been tendered to pay expenses. The Act is not to prevent the issuing of a commission to examine witnesses, nor to affect the admissibility of evidence where it is now receivable. Another statute of this session, c. 47 (23 L. T. 196), empowers the ecclesiastical courts to summon witnesses, and to take their examinations viva

voce.

Correspondence.

THE HALF-HOLIDAY.-Approving as I do of the movement advocated in the LAW TIMES, I have determined, for the future, to close my offices on Saturdays at two o'clock. G. R. DODD, jun.

་་

26, New Broad-street, Aug. 8. THE HALF-HOLIDAY.-I quite coincide with your observations on the "movement for a half-holiday on Saturdays, and with your recommendation that it be extended to the country, and have no doubt that the latter will be adopted and carried out; for, without wishing to blow our own trumpet, I do sincerely think that, as a body, my professional brethren are disposed to act with liberality and a kindly feeling towards their clerks. I would only suggest that our offices should be closed at one instead of at two o'clock. In the country most clerks go home to luncheon or dinner at the former hour; and by closing our offices then they would really have a half-holiday.

A COUNTRY SOLICITOR.

A HALF-HOLIDAY FOR THE LAWYERS.-I am

pleased with the article headed as above in this week's LAW TIMES, and, as one of the country attorneys therein appealed to, beg to say that our Firm, I doubt not, would be ready to join in the arrangement, were it not for one "little obstacle." This town is the centre of a large agricultural district, and the markets are, as in many other country towns, held on Wednesdays and Saturdays-those on the latter days being much the largest; and on every other Saturday throughout the year a cattle-market, or small "fair," occurs. Now it is manifest that all in the Profession here depend, to a certain extent, on business connected with the agricultural interest. The farmers generally arrive in the town about twelve or one o'clock, and dine at the different ordinaries about two. Very little business is transacted before dinner; but afterwards they emerge from their prandial performances, and proceed to the banks, offices, &c. in the town. The three banking establishments are open an additional hour on Saturdays, viz., from four to five. You will thus see the difficulty of the Attorneys of such towns as Dorchester taking advantage of the half-holiday movement, unless, indeed, you can kindly suggest some mode of altering the market-days, or, most difficult task of all, compelling the farmers to postpone their dinners till they have

concluded all their "other" business transactions. Dorchester, Aug. 7.

JOHN GARLAND.

APPOINTMENT OF PERPETUAL COMMISSIONERS.-I beg to inform "Fiat Justitia" that the late Chief Justice Tindal was always careful to appoint a perpetual commissioner in a town which had previously contained only one. In 1840, upon memorial, I was appointed on that principle, although not having been in practice five years, according to the general rule laid down by him. It seems strange that the present Chief Justice should be so stringent in these matters. VENA.

Answers to Queries. NOTARIES.-It is very certain, Mr. Ebor, that you cannot be admitted a Notary. I write from experience, having served my articles much in the same way as yourself, and

taken considerable trouble to be satisfied upon the point. The Acts governing service are the 41 Geo. 3, c 79, the 3 & 4 Will. 4, c. 70, and another I just now forget, and have not means at hand to refer to. The former requires seven years apprenticeship; the second (under restrictions) admits an these days there ought not to be a monopoly of a profession attorney as a notary, and the last, five years' service. In which any clerk can thoroughly master in a month, and every attorney is capable of transacting. Its duties are principally practical, conducted by clerks, and should be the matter taken up by the attorneys in the provinces, parthrown open to the lawyers generally; and I hope yet to see ticularly those in seaport towns, and an Act of Parliament passed, enabling attorneys to act as notaries upon taking A. B. out their faculty, &c.

MERCANTILE LAWYER.

Summary.

In the case of Synnot v. Simpson, 23 L. T. Rep. 263, reported from the H. of L., the L. C. thus described the principle as to assignments of property for payment of debts. He said:

Where a person who is indebted makes provision for payment of his debts by vesting property in trustees for the purpose of discharging them, if this is done behind the backs of the creditors and without communicating with them, the trustees do not becom trustees for the creditors. The arrangement is one FRAUD BY A SOLICITOR.-Mr. Joseph Drew, a supposed to be made by the debtor for his own consolicitor of Bath, was charged before the magistrates venience only. It is as if he had put a sum of mouer of that city, with stealing 9. 15s., the property of the into the hands of an agent with directions to apply it Sun Fire Assurance Company, The evidence given in paying certain specified debts. In such a case there on the part of the prosecution showed that the prisoner is no privity between the agent and the creditor. The was the agent of that company for the Keynsham debtor may at any time revoke the authority given to district. Some injury having been done by fire to a his agent, and may recall the money placed in his house at the village of Paulton, in February last, an hands. The agent is the agent exclusively of the estimate of the damage was made at 81. The prisoner debtor, not of the creditor. No action could be mainsuggested that the sum should be set down at 77. 10s., tained against him by the creditor; there is no privity lest the company might think it was a made-up between them. The same principle precisely applies account. The prisoner sent in an account to the company, in which the total damage was estimated at hands of another with directions to apply it ia dis where the debtor, instead of placing money in the 177. 58. At Michaelmas the prisoner held a balance charge of his debts, conveys real estate to him in in favour of the company of 81. 6s., and the difference order to its being converted into money by sale or between that and the 177. 5s. was at his request trans-mortgage, so that the money raised may be applied in mitted to him from London. When the fraud was discharge of debts. The person in whom real estate discovered the prisoner said he was led to the act is so vested is a trustee, not for the creditor, but för through poverty. It was submitted on his behalf the debtor. When, in pursuance of this trust, the that the offence was a misdemeanor, and not felony. trustee sells, and pays the debtor his demand, he does prisoner was committed for trial for obtaining the celui que trust, that is, the debtor from whom he has This view was adopted by the prosecution, and the so in pursuance of the directions given to him by his money from the company by false pretences. The received the property, not in discharge of any duty magistrates also consented to accept bail for the which he owes to the creditor. The debtor alone is the prisoner's appearance at the sessions-himself in 2007. person to whom the trustee is to look. He, the and two sureties in 100l. each. debtor, may regulate the disposition of the property as he thinks fit, may order the proceeds of the property to be applied in discharge of his debts, and may then, if he please, revoke those orders, and give fresh directions without regard to the interests of those for whose benefit the prior orders would have operated.

COUNTY COURTS.

Correspondence.

"THE INTERMEDIATE SESSIONS.-It will be remembered that Thomas Dawson (28), Co. C. Agent, who was committed to the last quarter sessions on the charge of obtaining 11s. 8d. from John Farrell by falsely pretending that he had caused a writ to issue from the Court of Record, was admitted to bail and absconded. Last Friday he was apprehended at Mold, Flintshire, by police constable Platt, of the detective force. At the intermediate sessions on Saturday, he pleaded guilty, was recommended to mercy, and sentenced to two months' imprisonment."

CHARGES IN THE INSOLVENT COURT.-As

your

committed, whether legally or illegally, provided columns are open to cases where a grevious injury is that it relates to the administration of the law, submit the following to the observation of your readers, and hope that a remedy will be provided in the proper quarter:-A poor hard working man, a short time ago, was obliged to obtain the protection of the Insolvent Act. He received his discharge without any opposition. A creditor, whom he had inserted in his schedule, sued him in the County Court for under 61. Defendant pleaded his discharge, and, as plaintiff persevered with his action and brought it to trial, defendant was obliged to obtain a certified copy of his schedule, under the seal of the Insolvent Court, which is rendered evidence under the statute. Defendant had a copy of the schedule he had received from his solicitor, whom he employed on going through the Insolvent Court; this merely required a few blanks filling up, and then examining by the officer of the Insolvent Court with the original schedule he had, and then he could seal and certify it. I concluded that a few shillings would be ample remuneration for ten minutes' attention and a signature and seal. But this the Insolvent Court refused to do, stating that their practice was to make a complete new copy of the whole schedule themselves, and charge accordingly. This they did, and for which (including my agent's charges) the amount is little under 21. The action was heard at the County Court, and defendant, as a matter of course, obtained a verdict, but for which he has to sustain a loss of 24, the County Court not having the power to allow these costs. This (to the party) was a serious matter, and the case is another instance of the unreasonableness of the County Court scale of costs. For the defendant's simply doing what the law compelled him to do, and succeeding, he must pay the piper. I think the unreasonableness of this scale is only equalled by that of the Insolvent Court's refusing to do that which could be done in ten minutes, and preferring that which requires a much longer time (but of course to its benefit). Our laws hitherto appear to be specially carried out to some extent as a piece of merchandise, where the shopkeeper's (not the client's or customer's) benefit is considered. EQUITAS.

The general facts of this case are scarcely capable of being described in a summary.

In the Attorney-General v. Potter, 23 L. T. Rep. 269, the facts were, that B. by deed assigned to C. and D., his partners, all his share of the partnership effects for 10,000l., which they covenanted to pay. Further, in consideration of 20,000!, he transferred the goodwill of the business to C. alone.

The question was, what was the proper stamp duty? It was held that the assignment of the goodwill was in fact the assignment of property, and the ad valorem duty payable upon it.

In Bankruptcy, in the case of Re Watkins 23 L. T. Rep. 270, an affidavit in support of a petition to annul an adjudication was held to be bad, because it had been sworn before the solicitor to the petitioner; and in Re M‘Lintock, 23 L. T.

had proved part only of his debt under the bankRep. 270, where an uncertificated bankrupt had commenced business again, and a creditor who ruptcy, and afterwards sued the bankrupt for the residue, and obtained a cognovit, lay by until & second bankruptcy, he was not allowed to tak his dividend under it until the first creditors were paid in full

NOTICES OF NEW LAW BOOKS.

The Rise and Progress of the English Constitution. By E. S. CREASY, M.A., Barrister-at-Law. 2nd edition. London: Bentley. THIS is not properly a law book; but it was deemed by the author sufficiently connected with the law, in its subject and by its authorship, t› be forwarded for review.

Unquestionably a knowledge of constitutional law is a becoming, it not a necessary, part of the Lawyer's education; and it is impossible thoroughly to master that without an acquaintance also with the history the rise and progress of the Constitution that is t pride of this country and the envy of others, bat which, strange to say, they vainly attempt t imitate. Mr. Creasy's sketch is the best work on this subject yet contributed to our historia literature, and we recommend it to be read by a Law students who desire to penetrate to the foundations of our law. This second edition las been revised and considerably improved.

PAMPHLETS.

"A Solicitor" points out some Defects in t Law of Municipalities. He objects mainly to the their estate, and then to tax the inhabitants f power given to them to denude themselves of the necessary expenditure; and he recomments the appointment of an auditor to supervise the dispensing of the borough rates. The pamph appears to have been written under the influence of some strong personal feelings.