Marsh, Sheffield, spring knife cutler.-Alice Naylor, Sheffield, out of business.-William Mercer, Sheffield, pen knife cutler. William Dewsnap, Sheffield, pen blade grinder.-John Tattershall, Sheffield, stove grate fitter.-John Birch, Nether Hallam, Sheffield.-Rob. Didsbury, Sheffield, out of business. -Samuel Howson, Rush-dale, Sheffield, wood turner.-Thos. Holmes, Sheffield, edge tool striker.-George Wild, Sheffield, edge tool striker.-Joel Rose, Wadsley, near Sheffield, pocket knife cutler.-Joseph Ryalls, Sheffield, scissors grinder.-H. Houlden, Sheffield, metal smith.-Henry Cooke, Ecclesfield, coal miner.-John Crabtree Pickering, Neepsend, out of business.-Robert Denholm, Sheffield, tailor.-Sam. Fox, Sheffield, table knife and blade grinder.-William Birks, Sheffield, brace bit maker.-William Bradshaw, sen., Sheffield, spring knife cutler.-John Vickers Stacey, sen., Sheffield, Britannia metal smith.--Elizabeth Woodcock, widow, Sheffield.-Hen. Biggin, sen., Sheffield, pen knife cutler.-Fred. Lockwood, Sheffield, cabinet maker.-William Burton, Sheffield, shoe Sheffield, table knife hafter.-William Couldwell, sen., Sheffield, labourer.-John Moss, Sheffield, pen blade forger. The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, Feb. 4 at 9. Rich. Evans, Talbot Inn-yard, High-st., Southwark, veterinary surgeon.-Wm. R. Topley, sen., Gravesend, out of bu-maker.-Joshua Perkinton, Sheffield, publican.-J. Froggatt, siness.-Hannah Whitley, Upper St. Martin's-lane, dressmaker.-John Collins, Arundel-st., Strand, licensed victualler. -Joka Regan, Cheyne-row, Chelsea, wine agent. - Edward Ingram, King David-lane, Shadwell, toll collector.-A. Dix. Long-lane, Bermondsey, assistant to a builder.-John Embry, Crown-st., Soho, carman.-Jas. Bowker, sen., Broadway, Ludgate-hill, shoemaker.-James Russell, White Lion-st., Pentonville, out of business.-Jacob Sanders, Rotherhithe-st., Rotherhithe, pork butcher.-Benj. Shaw, Bermondsey-st., cheesemonger's shopman.-Arthur Pulling, Kennington-st., Walworth, vinegar merchant.-James Thomson, Phillip's-st., Kingsland-road, dealer in yeast.-James F. Guinn, Dorset-st., Clapham-road, print cutter. Feb. 7, at the same hour and place. James Butler, Young-st, Kensington, attorney at law. Stephen Jewell, Fleet-lane, out of business.-T. Burchatt, Northbrook, near Wonersh, Surrey, leather dresser.-Rich. Thos. Bayly, Haydon-st., Minories, broker.-John Neeves, Poplar-row, New Kent-road, carpenter.-Jas. R. Stringer, Church-row, Whitechapel, warehouseman.-C. B. Chapman, Maize, Tooley-st., green-grocer.-John Brown, Whitecrossst., paper stainer.-Henry C. Bull, White Hart-st., Drurylane, green-grocer.-James Robinson, Great Russell-st., Covent-garden, Italian-warehouseman.-Wm. Coe, jun., Savoyst., Strand, out of business.-W. Hubbard, High-st., Shoreditch, out of business.-Richard Pryce, Strand, shell fishmonger. Thos. Callaghan, Lisson-st., Paddington, licensed retailer of beer. It is believed that Silk Gowns will shortly be conferred on the following Gentlemen:-Messrs. Teed, Purvis, Koe, Kenyon Parker, Wilbraham, Walker, Lowndes, Mathews, Loftus Wigram, James Russell, O. Anderdon, and Roupel. MASTERS IN CHANCERY.-The following gentlemen have been appointed Masters Extraordinary in the High Court of Chancery:-Herman Dirs Mertens, of Margate; Thomas Burgh Dalby, of Ashby de la Zouch, Leicestershire; James Sollory, of Nottingham; and Christopher John Geldard, of Settle, Yorkshire. CRIMINAL JUSTICE IN PRUSSIA.-There has just been published at Berlin a statistical account of the criminal justice for the last 23 years, in the whole of the kingdom of Prussia, under the German system of legislation-that is, with the exception only of the Rhenish provinces, in which the French code is still in force. From this work it appears, that, during the period mentioned, there have been 312 criminals condemned to death, viz. 234 men and 78 women, making on an average about 13 capital sentences per annum, or 4 in every 3,000,000 inhabitants, the population of this part of Prussia being reckoned at 10,000,000. Of the 312 capital convicts, 145 only were executed, of whom 130 were men and 15 women. Among the 78 women condemned to death, 33 were for infanticide, all of whom were fully pardoned or their sentences commuted Court-house, SHEFFIELD, Feb. 7 at 10. Thomas Hague, Sheffield, pocket knife blade forger.-Geo. Wragg, Sheffield, table blade grinder.-G. Greaves, Sheffield, attorney at law.-Thomas Nayler, Sheffield, table blade forger. -George Hall, Sheffield, joiners' tool forger.—Eben. Birks, CHANCERY ACCOUNTS.-Some idea of the magnitude jun., Sheffield, merchant.-John Judge, Sheffield, table knife and importance of the operations of the court of Chanmanufacturer.-Alex. Wragg, Sheffield, table knife grinder.cery may be formed from the following detail:-AcBenjamin Barber, Sheffield, table knife grinder.-R. Furness, cording to a statement just completed, it appears that Stannington, victualler.-Josh. Thorp, Sheffield, type founder. the balance of cash and securities placed to the credit of -Elisha Montague Charles, Sheffield, printer.-Hen. Kitson, the various accounts in Chancery amounts to the extraSheffield, file cutter.-Fred. Kershaw Stead, Sheffield, coach builder.-George Chatterton, Sheffield, file cutter.-Thomas ordinary sum of 42,000,000l. and upwards. At present Wragg, Sheffield, stone getter.-Henry Rutherford, Sheffield, the actual number of these accounts is about 12,000; table blade grinder.-Joseph Rutherford, Sheffield, table knife but Parliament has recently determined that all the grinder.-Thomas Lindley, Sheffield, victualler.-S. Thorpe, accounts belonging to the court of Exchequer (amountsen., Sheffield, edge tool hardener.-Thomas Woodhouse, ing to 1,600 or thereabouts) shall be added to them, Sheffield, table knife hafter.-James Wallace, Sheffield, table thus forming an aggregate of 13,600. For facilitating blade grinder.-John Wasden, Sheffield, table blade forger. the business incidental to this great mass of accounts John Hibbert, Sheffield, slater.-Mich. Sefton Mawson, Shef- such as the payment of the quarterly dividends, &c., field, butcher.-Charles Trickett, Sheffield, razor grinder.- the officers have hitherto been divided into three deJoseph Broadhead, Sheffield, fork grinder.-Thomas Hall, partments, (arranged according to the letters of the Sheffield, edge tool striker.-Joseph Andrew, Sheffield, farmer. plaintiffs' names), but we believe it is now determined -Jonathan Badger, Sheffield, tailor.-William Smith, Shef- to subdivide these departments into four. Great exerfield, tailor.-George Greaves, Ecclesfield, file maker.-Edw. tions are being made to carry this into effect; and the Binney, Sheffield, auctioneer.-John Cooper, Sheffield-park, razor smith.-Elizabeth Quinton, widow, Sheffield, out of bu- the expedition of business and the convenience of the new arrangement will, no doubt, contribute much to siness.-James Chadwick, Sheffield, pen blade grinder.—Jas. Clayton, Attercliffe, near Sheffield, coal lender.-Mat. Hague, suitors, so soon as the labour of closing and bringing Wadsley, Ecclesfield, collier.-John Pearson, Sheffield, file forward into new books such a vast number of accounts smith.-George Marples, Sheffield, joiners' tool maker.-H. (for the purpose of subdivision) shall be completed. Owen, Sheffield, shear grinder.-Samuel Mawhood, Sheffield, The offices in Chancery-lane are undergoing material spring knife grinder.-Nicholas Rodgers, Sheffield, table blade alterations in order to afford accommodation for the grinder.-George Foulston, Sheffield, stone mason.—William | carrying on this great increase of business, LAW.-A MARRIED GENTLEMAN, 28 years of age, who served under Articles in Town and Country, and has been in practice about four years, is desirous of entering into PARTNERSHIP with a Gentleman of respectable and well established Business in Town, who is in need of assistance, and would consider relief from the active and laborious portion of his professional duties, a partial equivalent for the share of business parted with. The most unexceptionable references can be given. Address, E. C., Jurist Office, Chancery Lane. AW.-WANTED, a CLERK, competent to under L take the MANAGEMENT of a GENERAL BUSI NESS. A gentleman who has served his Articles will not be objected to. No person need apply unless he can give satisfactory references as to integrity, sobriety, and industry. Address, with terms, &c., W. H., Mr. Cavell's, 7, Gray's Innplace. LAV AW.-A GENTLEMAN, recently admitted, is desirous of purchasing a SHARE in the BUSINESS of a RESPECTABLE ATTORNEY, or, till that can be effected, would not object to enter an Office to assist in the General Business, especially the Conveyancing Department; in the latter case, such a Salary only would be required as may be found equivalent to his services. Unexceptionable refe ence will be given. Address, Z. L., No. 2, St. George'sSquare, Cheltenham. This day is published, price 88., THE DOCTRINE and PRACTICE of EQUITY, of Chancery, designed principally for the Use of Students. By G. GOLDSMITH, A. M., of the Middle Temple, Barrister at Law. SECOND EDITION, according to the last New Orders of 26th August, 1841. Saunders & Benning, Law Booksellers, 43, Fleet-Street. Just published, in 8vo., price 11. 68., Third Edition of ARMAN & BYTHEWOOD'S CONVEYANC JARM ING, by SWEET. The Third Volume of the above Work, containing the Titles, Assent, Attestation, Attornment, Award, Bargain and Sale, Bond, Confirmation, Covenant, Covenant to stand Seized, Defeazance, Direction, and Disclaimer, is ready for delivery to the Subscribers. Price 11, 58. boards. S. Sweet, No. 1, Chancery-lane, London; and A. Milliken, Dublin. Of whom may be had. Just published, price 17. 5s., vol. 1, of A TREATISE on WILLS. By THOMAS JARMAN, Esq., of the Middle Temple, Barrister at Law. Fifth Edition, in 2 vols., royal 8vo., price 27. 10s. boards, AN INTRODUCTION to CONVEYANCING, and the NEW STATUTES concerning REAL PROPERTY; with Precedents and Practical Notes. By WILLIAM HAYES, Esq., Barrister at Law. Just published, price 148. boards, A TREATISE on the LAW and PRACTICE of ININJUNCTIONS. By CHARLES STEWART DREWRY, Esq., Barrister at Law. In 8vo., price 14s. boards. In one thick volume, price 17. 48. boards, LYTTLETON, his TREATISE of TENURES, in French and English. Printed from the most ancient copies, and collated with Lettou and Machlinia, Machlinia, Pynson, (the Rouen edition), Redman, an hitherto unnoticed edition by Berthelet (1530), and the various readings of the Cambridge MSS., with introductory and concluding remarks to each Chapter, (designed for the use of general readers and References. To the whole is prefixed a Preface, with the Life of Lyttleton, and a Bibliographical Notice of the various printed Copies to 1671: and incorporated with the Work, the "Olde Tenures," and the "Consuetudines Kancite," the last collated with an unedited Copy in the Arundel MSS. By THOMAS EDLYNE TOMLINS, Esq. ARCHBOLD'S MAGISTRATES POCKET a Justice of the Peace out of Sessions, alphabetically arranged, with Forms of Commitments; to which is added a copious and general Index. "Archbold's Magistrates' Pocket Book we should hold to be indispensable to a new-made justice."-Spectator. John Richards & Co., Law Booksellers, 194, Fleet-Street. Just published, price 38., pocket size, during the time of Lord Chancellor Sugden. By B. C. LLOYD and F. GOOLD, Esqrs., Barristers at Law. In 1 vol. royal 8vo., price 17. 38. bds. S. Sweet, 1, Chancery-lane; and V. & R. Stevens & G. S. Norton, 26 and 39, Bell-yard. Of whom may be had, A PRACTICAL TREATISE on the LAW of MARRIAGE and DIVORCE, and REGISTRATION, as FORMS of WILLS, aupe, to every situation of altered by the recent statutes; containing also the mode of life. By ROBERT ALLEN, Esq., A.M., F.S.A., Barrister at Law, Author of "The Practice of the Common Law Courts," &c. Price 68. John Richards & Co., Law Booksellers, 194, Fleet-Street. BISSET ON ESTATES FOR LIFE. Proceeding on Divorces in the Ecclesiastical Courts and in Parliament; the Right to the Custody of Children; Voluntary Separation between Husband and Wife; the Husband's Liability to Wife's Debts; and the Conflict between the Laws of England and Scotland respecting Divorce and Legitimacy. With an Appendix of Statutes. By LEONARD SHELES-FORD, Esq., of the Middle Temple, Barrister at Law. Price SHELFORD'S TITHE AMENDMENT ACT, 2 & 3 VICT c. 62. In 12mo., price 2s. 6d. sewed, 62, with an Introduction, Notes, and an Index, being a The TITHE AMENDMENT ACT, 2 & 3 VICT. cap. This day is published, in 8vo., price 138., boards, A PRACTICAL TREATISE on the LAW of TATES for LIFE. By ANDREW BISSET, Esq., of Lincoln's Inn, Barrister at Law. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's Inn. Of whom may be had, lately published, CONSIDERATIONS on REFORM in CHANCERY. By EDMUND ROBERT DANIELL, F.R.S., Barrister at Law. DANIELL'S NEW CHANCERY ORDERS. In 8vo., price 58. boards, PRACTICAL OBSERVATIONS on the NEW ORDERS for the REGULATION of the PRACTICE and PROCEEDINGS of the COURT of CHANCERY, issued by the Lord Chancellor on the 26th August, 1841; with an APPENDIX, containing the subsequent Orders. By EDMUND ROBERT DANIELL, Esq., F. R. S., Barrister at Law. DANIELL'S CHANCERY PRACTICE. In 2 vols. 8vo., and vol. 3, part 1, price 41. 48., boards, A TREATISE onthe PRACTICE of the HIGH COURT of CHANCERY, with some Practical Observations on the Pleadings in that Court. By EDMUND ROBERT 17. 10s. in boards. SUPPLEMENT to the Second Edition of the Acts 6 & 7 Will. 4, cap. 71, and 7 Will. 4 & 1 Vict. cap. 69, for the Commutation of Tithes in England and Wales, and the Law of Tithes with reference to those Acts. By LEONARD SHELFORD, Esq., Barrister at Law. The LAW and PRACTICE RELATING to IDIOTS, LUNATICS, &c., with an Appendix of Statutes, Forms, &c. By LEONARD SHELFORD, Esq., Barrister at Law. In 1 vol. 8vo., price 17. 88. boards. A PRACTICAL TREATISE on the LAW of MORTMAIN and CHARITABLE USES and TRUSTS, with an Appendix of Statutes and Forms. By LEONARD SHEL. FORD, Esq., Barrister at Law. In 8vo., price 17. 11s. 6d. bds. *Orders for THE JURIST given to any Newsman, or letters (post-paid) sent to the Office. No. 3. CHANCERY LANE. or to V. & R STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELL YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publica. tion, through the medium of the Post Office, to the Country. London: Printed by WALTER M'DOWALL, PRINTER, 4, PENBERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER No. 263. JAN. 22, 1842. With Supplement, 2s. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: Some inconvenience has been occasioned by the misfold- and, in the meantime, the subscribers are recommended LONDON, JANUARY 22, 1842. So many Statutes have been passed upon the subject of Bankruptcy since the Consolidating Act of 6 Geo. 4, c. 16; and so many glosses and further provisions have been supplied to those enactments by the Courts, that this branch of commercial law has become nearly as perplexed as it was in 1825. The subject of protection to parties dealing with traders has, in particular, received several touches at the hands of the Legislature and the Bench, and is now in such a state, that many of our readers will probably not object to a brief notice of the most important points. We will, in the first place, state the enactments. By the 6 Geo. 4, c. 16, s. 86, bonâ fide purchasers for value from a bankrupt, with notice of an act of bankruptcy, are protected, unless the fiat issues within a year. By the 81st section, conveyances by, and contracts and other dealings and transactions by and with, any bankrupt, bona fide made and entered into more than two months before the issuing of the commission, and all executions and attachments against the lands or goods of the bankrupt, bona fide executed or levied more than two months before the issuing of the commission, were declared valid, notwithstanding a prior act of bankruptcy, if the party so dealing, &c., had no notice of any act of bankruptcy. By the 82nd section, any bona fide payment made by or to a bankrupt, without notice of an act of bankruptcy, is made valid against a subsequent fiat, unless it be a fraudulent preference; and the 84th section, in like manner, protects parties delivering goods of the bankrupt without notice. Lastly, by sect. 108, it is enacted, that no creditor having security for his debt, or having attached the goods of the bankrupt, shall receive more than a ratable part of such debt, except in respect of any execution or exVOL. VI. B tent served and levied by seizure upon, or any mortgage of, or lien upon, any part of the property of such bankrupt, before the bankruptcy; provided, that no creditor, though for a valuable consideration, shall avail himself of an execution upon any judgment obtained by default, confession, or nil dicit. It was held, that an execution on final judgment by default, was within the last cited proviso, as were all executions, except on judgment after verdict, trial by the record, or on demurrer. (Cuming v. Heale, 4 M. & P. 238). Upon this, it was enacted, (1 Will. 4, c. 7, s. 7), that no judgment signed, or execution issued on a cognovit signed, after declaration filed or delivered, or judgment by default, confession, or nil dicit, according to the practice of the Court, in any action commenced adversely and not by collusion for the purpose of fraulent preference, should be within the 108th section of the Bankrupt Act. This enactment left judgments on warrants of attorney unprotected. (Crossfield v. Stanley, 1 Nev. & M. 668). The 12th section of Sir E. Sugden's Act (2 & 3 Vict. c. 11) gave validity to all conveyances by any bankrupt, bonâ fide made and executed before the date and issuing of the fiat, to persons without notice of any prior act of bankruptcy; but this particular provision was superseded by the general and important enactment in the 29th chapter of the same session, which, after reciting the 82nd section of the Bankrupt Act, and the 12th section of Sir E. Sugden's Act, enacts, "that all contracts, dealings, and transactions by and with any bankrupt really and bonâ fide made and entered into before the date and issuing of the fiat against him, and all executions and attachments against the lands and tenements, or goods and chattels of such bankrupt, bonâ fide executed or levied before the date and issuing + of the fiat, shall be deemed to be valid, notwithstanding any prior act of bankruptcy by such bankrupt committed, provided the person or persons so dealing with such bankrupt, or at whose suit, or on whose account, * See Hall v. Wallace, (7 Mee. & W. 353; 5 Jur, 198). †The time of delivering out the fiat as an operative instrument is "the date and issuing" of the fiat; i. e., primâ facie, the time of delivering it out of the bankrupt office. Pewtress v. Annan, (9 D. P. Č. 828). such execution or attachment shall have issued, had not, at the time of such contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed; provided also, that nothing herein contained shall be deemed or taken to give validity to any payment made by any bankrupt, being a fraudulent preference of any creditor or creditors of such bankrupt, or to any execution founded on a judgment on a warrant of attorney or cognovit given by any bankrupt by way of such fraudulent preference.' The 82nd section of the Bankrupt Act, protecting payments without notice, was clearly retrospective; (Terrington v. Hargreaves, 3 Moo. & P. 137); and, in the case of Luckin v. Simpson, (4 Jur. 487, 8 Scott, 676), it was laid down, and in effect decided, that the 2 & 3 Vict. c. 29, is retrospective, and gives the law to all cases that come for adjudication before the court, although the transaction took place before the passing of the act. There the levy was made on the 16th February, 1839; the fiat issued, and the assignees were appointed on the 23rd; and the act received the royal assent on the 16th July, an issue to try the validity of the fiat then standing for trial. (See Nelstrop v. Scarisbrick, 6 Mee. & W. 684). However, this decision has been overruled; and it is now settled, (with the concurrence of the Judges of the Common Pleas), that, where the assignees have been appointed before the 16th July, 1839, their vested title is not divested by the act. (Edmonds v. Lawley, 6 Mee. & W. 285; Moore v. Phillips, 7 Mee. & W. 536). But, in cases where the passing of the act intervened between the issuing of the fiat and the appointment of the assignees, it seems that the transaction would be protected. (Id.; Nelstrop v. Scarisbrick). The most important question, however, is, to what extent must an execution proceed before the fiat, to be protected? Although, for the purpose of changing the property of the goods, and overreaching the title of a creditor under a prior writ, or the prerogative title of the Crown, seizure is not sufficient, but the goods must be actually sold; yet, for the purpose of the 81st section of the Bankrupt Act, seizure is a sufficient levying of the execution. (Giles v. Grover, 2 M. & Scott, 207, 241; Godson v. Sanctuary, 1 Nev. & M. 52. See Thomas v. Desanges, 2 B. & Ald. 586; Samuel v. Dick, 3 Mee. & W. 622). But as the ownership is not changed until sale, the creditor is, after seizure and until sale, a creditor holding security within the 108th section; and, if not protected by the 81st section, (or now by the 2 & 3 Vict. c. 29), cannot avail himself of his security. (Notley v. Buck, 8 B. & C. 160; 2 M. & Ry. 68; Morland v. Pellatt, 8 B. & C. 722; 3 M. & Ry. 411). After sale, (though before the return day of the fi. fa.), the 108th section does not apply, even where the judgment was entered up on a warrant of attorney, &c.; for the party suing out execution then ceases to be a creditor.(Wymer v. Kemble, 6 B. & C. 479; 9 D. & R. 511; Higgins v. M'Adam, 3 Y. & J. 1). Neither the 81st nor the 108th section of the Bankrupt Act is repealed by, or even referred to in, the recent act; but with the exception of the concluding proviso against fraudulent preference, the new enactment is the same as the 81st section of the old act, the date of the fiat only being substituted for two months before such date; and as executions under judgments on warrants of attorney, levied by seizure two months before the fiat, were held to be protected by the 81st section from the 108th, Godson v. Sanctuary, 1 Nev. & M. 52; 4 B. & Adol. 255), it should seem that they would now be protected by the new act, wherever the fiat issues after the seizure, though before sale. The court of Common Pleas has, however, decided, that executions on judgments not obtained on actions commenced adversely, must be perfected by sale before the fiat, (and, it should seem, also before the bankruptcy), to be protected by the new act. (Whitmore v. Robertson, 8 Mee. & W. 463; 5 Jur. 1088). The ground on which this somewhat unexpected decision was founded is simply this, that, as the act gives validity to executions levied before the fiat, "notwithstanding any prior act of bankruptcy," it merely places them in the same situation as if no act of bankruptcy had occurred; and thus affords a complete protection in case of executions on adverse judgments, which could only have been invalidated by prior acts of bankruptcy. But, as to executions under warrants of attorney, the 108th section defeated them, (unless perfected by sale before bankruptcy), although there were no prior act of bankruptcy; and, therefore, the putting them in the same situation as if there had been no act of bankruptcy, does not exclude the operation of that section. And this reasoning appears to be unanswerable, for the sole object of the enactment was, undoubtedly, to put an end to the relation of the assignees' title to the act of bankruptcy, and not at all to affect any other part of the bankrupt law. But the important result of the decision is, that the case of Godson v. Sanctuary (cited supra) is overruled; and executions under warrants of attorney are taken, not only out of the new act, but also out of the 81st section of the Bankrupt Act; and judgment creditors are liable to be defeated by an act of bankruptcy intervening between seizure and sale, although the fiat may not issue until after the expiration of two months from the seizure. In Whitmore v. Robertson the fiat had issued before sale, but the principle of the decision obviously applies where the sale precedes the fiat, if it follow the act of bankruptcy. The practical effect of the recent decision will be, to increase the number of adverse actions, and to quicken the proceedings of execution creditors. COPYHOLD COMMUTATIONS AND ENFRANCHISEMENTS, UNDER THE 4 & 5 VICT. c. 35. The commutations of manorial rights which the statute embraces, are either, (1) such as, originating in the voluntary agreement of a majority of the persons interested, are compulsory on the minority; or (2) such as are voluntary on the part of all the persons whose interests are immediately affected. For the sake of distinction, therefore, the former kind of commutation may be denominated a compulsory commutation, and the latter, a voluntary commutation. Either of these kinds of commutation, a compulsory commutation, as well as a voluntary commutation, may extend over a whole manor, or only over part of a manor. For, by the 102nd section of the act, the commissioners, with the consent of the lord of the manor, have the power of dividing a manor into portions for the purpose of a commutation, either voluntary or compulsory. And if all the tenants of a manor can agree with the lord and among themselves upon the terms of commutation, they may effect a voluntary commutation in the same manner as the act enables one or more of the tenants to effect a partial commutation with respect to their own lands; and, in such a case, it will not be necessary for them to have recourse to the more expensive and cumbersome machinery of a compulsory commutation. Since the mode of proceeding directed by the act differs according as the commutation is compulsory or voluntary, but not necessarily according as it is general or partial, the subject appears to divide itself most conveniently into the consideration of those provisions of the act that relate to compulsory commutations, and those that relate to voluntary commutations. The commissioners, indeed, in the instructions prefixed to the forms issued by them, distinguish these two kinds of commutations by the names of "manorial commutations" and "partial commutations:" but for the reasons given above, the denominations we have adopted seem the best suited to the division of the subject-matter of the act, and the most conducive to a right understanding of the nature of its provisions. I. COMPULSORY COMMUTATIONS.-1. Proceedings. If all the tenants of a manor, (or of a portion of a manor, when divided by the commissioners*), cannot agree with the lord and among themselves upon the terms of a voluntary commutation, the following method of proceeding is authorized by the act for the purpose of effecting a commutation that shall be compulsory on all the parties interested. the manor to appoint, by power of attorney, an agent to attend the meetings, and enter into and sign the agreement, and do all other acts for them under the provisions of the act. Terms of the Agreement.]-The agreement will express whether the commutation is to be for a rentcharge, and small fine not exceeding 58., or for a fine on death or alienation, or at some fixed period. If the former is agreed to be the consideration of the commutation, the agreement may either fix the amount of the entire rent-charge payable to the lord, or provide that its amount shall be fixed by the valuers, subject to the approbation of the commissioners; and if the amount for each tenant, or provide that the apportionment shall be stated, it may either determine the apportionment be made by the valuers, with the like approbation; or lord and any one or more tenants, parties to the agreeseparate rent-charges may be agreed upon between the ment; or the agreement may provide, that the entire or diminution by the valuers to a specified amount per cent., or that such separate rent-charges shall be subject to increase or diminution to a given amount per cent. in certain specified events. The agreement may also provide, that so much of the rent-charge apportioned in respect of the lands of any tenant, who is a party to the agreement, as shall be in lieu of fines, &c., to which such tenant would not be liable thereafter during his tenancy, shall not commence till the time of the next act or event on which such fine &c. would have become due. (Sect. 14). Manorial Meeting.]-A meeting of the lord and tenants may be called by a notice signed either by the lord, having an interest not less than one-fourth of the annual value of the manor, or by ten of the tenants; or, if there be not so many, by half the tenants of the manor: such notice to be published and advertised as directed by the 13th section. At the meeting a chair-rent-charge therein stated shall be subject to increase man is to be elected by the lord and tenants, (the vote of the lord being reckoned as equal to one-third of the whole number of votes, and the votes of the tenants being reckoned individually), and the chairman is to proceed to ascertain the number and interest of the lord and tenants present, computing the interests of the tenants in the manner provided by the 17th section; and if the interest of the lord who is present appears to amount to three-fourths of the value of the manor, and the tenants present are not less than three-fourths of the whole in number and interest, they may proceed to enter into and execute an agreement for commutation. If it should appear that the persons present are not sufficient in number and interest, or a sufficient portion are not willing to enter into an agreement, any number of the persons may, nevertheless, execute a provisional agreement, which, if executed within six months by a sufficient proportion of parties, will be equally effectual as if sufficiently executed at the meeting. (Sect. 16). The meeting may be adjourned by the desire of the majority of the persons present, due notice of the adjourned meeting being given according to sect. 18. The Agreement.]-The agreement is to be in such form as the commissioners shall direct; and they have already issued a form for the purpose. It is to bear date on the day on which the first signature is attached to it, (sect. 19), which must be done at the original meeting, or a regularly adjourned meeting. Parties to the Agreement.]—It must be signed by the parties already mentioned, as required for its validity, viz. not less than three-fourths in number of the tenants, and lands amount to not less than three-fourths of their respective value, (sect. 13); computing the interests of the tenants in the manner directed by sect. 17, which provides, that the interest of no person shall be computed who has not been admitted, or who has made an absolute surrender of his copyhold; and enables the commissioners, in certain cases, to make special rules for the computation of interests: and in case of dispute as to the sufficiency of interest of parties, the decision of the commissioners is to be conclusive. (Sect. 14). and the lord and tenants whose interests in the manor In the case of an ecclesiastical or other corporation, or the patron of a living, being interested in the manor or any of the lands to the extent of one-third of their annual value, the consent of such parties will be necessary to the validity of the agreement. (Sect. 22). If any party interested be under a disability, or abroad, the 11th section substitutes the guardian, trus. tee, committee of the estate, husband, or attorney, in the place of such person, for the purposes of the act. And sect. 12 enables the lord or any of the tenants of * The word "manor," whenever used hereafter, is to be understood as extending to such a portion of a manor. If the commutation is for a fine on death or aliena tion, or at some fixed period, the agreement is either to fix the amount of the fine, or provide that it shall be subject to increase or diminution by the valuers to a specified amount per cent. If the fine is to be payable at a fixed period, the agreement will specify that period. (Sect. 15). The commutation will extend to rents, reliefs, and services, (except service at the lord's court), and also to fines, heriots, and payments in lieu of heriots, and the lord's rights in timber, without any express meation of commute the lord's rights in mines, they must be exthem in the agreement. But, if it is also intended to lord's rights in mines are reserved to him, rights of way pressly included in the agreement. (Sect. 13). If the for mining purposes may be granted to the lord, by a statement to that effect in the agreement. (Sect. 84). Any other right cannot be made the subject of a compulsory commutation. (Sect. 82). The agreement may likewise fix a scale of fees to be payable to the steward after the commutation, but so as not to affect the interests of any steward now in office, who holds his office for life or during good behaviour, or according to the usage has, in the opinion of the commissioners, a just expectation of so holding it. (Sect. 14). The agreement may also provide for the costs of the proceedings, subject to the approbation of the commissioners; and may contain all other provisions necessary for carrying the commutation into effect, so that they do not interfere with the powers given by the act (sect. 28) for apportioning the rent-charge according to the relief of tenants for life, and other persons having liparticular circumstances of each tenement, and for the mited interests. (Sect. 14). agreement has been executed by the requisite parties, Confirmation of the Agreement.]-As soon as the it is to be sent to the commissioners, who are to institute an inquiry for the purpose of satisfying themselves that it ought to be confirmed; and if they are satisfied that it ought to be confirmed, the commissioners are to confirm the agreement by signing and sealing it, adding the date of the confirmation, and are to publish the fact and date of the confirmation within the manor. (Sect. 23). Until the agreement is thus confirmed it is in nowise |