Paul Axman and John G. Christ, Mark-lane, foreign and general merchants.-Edw. Cooper, Edw. P. Cooper, Benj. Cooper, and John Alex. Cooper, Staverton-mills, Trowbridge, Wiltshire, clothiers.—Robt. Thompson, Newcastle-upon-Tyne, butcher.-Wm. Roskell, Liverpool, tailor.-John P. Yapp, Weobley, Herefordshire, grocer.-Thos. Tripp and Jas. Benn, Brookfield, Shankhill, and Belfast, Antrim, and Enniskillen, Fermanah, Ireland, distillers.-Edw. Weatherby, Newmarket, Cambridgeshire, cotton spinner.-Rich. Parkes, Birmingham, wine merchant.-John Rose, Monk Wearmouth Shore, Dur-mercial-road, Mile-end, baker.—James Hopkines, Providenceham, grocer.-Rich. Ouston, Kingston-upon-Hull, sawyer.Henry Greenaway, Bristol, painter.-Antonio Lafargue, Gt. St. Helens, merchant.-James Bingley, Henrietta-st., Cavendish-sq., brush maker. PARTNERSHIPs Dissolved. Jos. Young and Wm. White, Bishop Wearmouth, Durham, attornies at law, and solicitors in Chancery.-E. Bretherton and Jas. Archer, Liverpool, solicitors. SCOTCH SEQUESTRATIONS. John Kibble, Glasgow, zebra shawl manufacturer.-John and David Munro, Tullich, Kilmuir Easter, Ross, builders and slaters.-Dav. Whyte, Kirkton of Clova, Cortachy and Clova, merchant.-Jas. Allan and Wm. Watson, Johnstone, cotton spinners.-Wm. Spence and Co., Edinburgh, silk mercers.— John Matheson and Co., Glasgow, calico spinners.-Thomas Leithhead, James Henderson, and Andrew H. Hunter, Glasgow, coach builders. INSOLVENT DEBTORS. merchant.-John Fry, South-st., Chelsea, cheesemonger.- Court-house, OXFORD, (County), Feb. 16 at 10. Court-house, OXFORD, (City), Feb. 16 at 10. John Kitchen, Oxford, slater.-Thomas Beesley, Oxford, boatman.-Jas. Sealey, Oxford, wheelwright. The following Assignees have been appointed. Further Particulars may be learned at the Office, in Portugal-st., Lincoln's-inn-fields, on giving the Number of the Case. Edm. Prier, King-st., Southwark, grocer, No. 52,132 T.; INSOLVENT DEBTORS' DIVIDENDS. Henry Gold, assignee.-The Rev. K. M. R. Tarpley, AlbanyFredk. Wilton L. Stockdale, Manor-place, Walworth, Surst., Regent's-park, clerk, No. 52,232 T.; Henry Becke, as- rey, author: 18. in the pound.-John Taylor, Richmond, signee.-George Gaukroger, Halifax, Yorkshire, joiner, No. Surrey, shopman: 3s. 9d. in the pound.-John Trivick, Sa57,669 C.; Michael Stocks, assignee.-John Wright, Don- risbury-green, Titchfield, Hampshire, master in the Royal caster, Yorkshire, blacking manufacturer, No. 57,594 C.; Navy: 18. 1d. in the pound.-Francis Mark Turner, Girton, A. W. Goodwin, assignee.-Jeffery Shores, Crisp-st., East Nottinghamshire, officer in the 7th Fusileers: 18. 2d. in the India-road, Poplar, boat builder, No. 52,062 T.; Benj. Prew, pound.-John Yarker, Dearham, Cumberland, coast officer: assignee.-W. M'Ewen, Aldermanbury, surgeon, No. 52,155 18. 4d. in the pound.--Wm. Lawrence, clerk in her Majesty's T.; C. F. Pettijean, assignee.-Jas. Barker, Bagillt, Flint- Stationery Office: 18. 5d. in the pound.-Thomas B. Rigg, shire, grocer, No. 57,137 C.; E. Hughes and John Jones, as- Kimbolton-place, Fulham-road, clerk in the Army Pay Office: signees.-John Bowker, Manchester, out of business, No. 38. in the pound.-Thos. Haynes, Harlington, Bedfordshire, 54,991 C.; Chas. Bradbury, assignee.-G. Donaldson, Mar- shopkeeper: 18. 10d. in the pound. ket-st., near Dunstable, Bedfordshire, publican, No. 57,459 Application at the Provisional Assignee's Office, Portugal-st., C.; E. T. Nicholls, assignee.-Rebecca Millner, Bridling- Lincoln's-inn-fields, between the hours of 10 and 1. ton, Yorkshire, widow, No. 57,487 C.; G. Wetwan, sen., John Tudor Tucker, retired captain of Royal Marines, and Robert Davison, assignees. William Cooper, Henry- Cox's, Hatton-garden: 48. 4d. in the pound.-Hen. Federick street, Vassall-road, North Brixton, Surrey, collecting clerk to Bath, inspector of stamp duties, Doggett's, High-st., Maryhat manufacturers, No. 52,109 T.; John Clapp, assignee.-lebone: 3s. 1d. in the pound.- Caleb Elisha, Piccadilly, James Cole Green, Great Chart-street, Hoxton, carpenter, watch-maker, Jan. 24, Kinnear's, Gerrard-st., Soho: 18. 9d. No. 52,095 T.; John Keymer, assignee.-Matthew Rawson, in the pound.-John Stevenson, Sheffield, grocer, Jan. 31, Morning-lane, Hackney, market-gardener, No. 52,200 T.; Jackson's, Canklow Mills, near Rotherham: 2s. 5d. in the Joseph Forsbery, assignee.-Geo. Richardson, Wortley-lane, pound. near Leeds, Yorkshire, canvas-manufacturer, No. 58,404 C.; Jos. Wood Bowell, Benj. Stead Musgrave, and George Lodge, assignees.-Benj. Bradshaw, Wortley-lane, near Leeds, Yorkshire, canvas-manufacturer, No. 58,403 C.; Jos. W. Bowell, Benj. S. Musgrave, and George Lodge, assignees.-Jas. Dale, Manor-row, Rotherhithe, Surrey, lodging-house-keeper, No. 52,222 T.: John Clarke and James Homes, assignees.→Wm. Bryant, Bristol, general dealer, No. 57,308 C.; Benjamin Tanner, assignee.-Matthew Stevens, Bridport, Dorsetshire, baker, No. 58,147 C.; Constantine Phipps Henville and John Culliford Hopkins, assignees.-Samuel Barwood, Great Yarmouth, Norfolk, coalheaver, No. 57,796 C.; Samuel Smith, assignee.-Jas. Stansby, Gloucester-place, Portman-square, licensed victualler, No. 52,300 T.; Richard Martineau, assignee.-John Whitworth, Heaton Norris, Lancashire, tailor, No. 55,661 C.; Fredk. Barnes, assignee. dated Jan. 26. FRIDAY, JANuary 28. BANKRUPTS. HENRY HOLT, High-street, Peckham, Surrey, bookseller, The following Prisoners are ordered to be brought before the GEORGE BERKELEY KIRKWOOD CASSIDY, BuckCourt, in Portugal-st., on Tuesday, Feb. 15 at 9. Charles Thomson, Wood-lane, Shepherd's-bush, out of business. Eleazer P. Fisher, Park-place, Regent's-park, cheesemonger.-John Alves, Upper George-st., Portman-sq., agent for the discount of bills.-J. Witherington, Crawfordst., Portman-sq., Marylebone, gentleman's servant.-Thomas lersbury, merchant and bill-broker, Feb. 8 and March 11 at 11, Court of Bankruptcy: Off. Ass. Gibson; Sols. Buckley & Sanders, 14, Gray's Inn-square.-Fiat dated Jan. 24. FREDERICK SHARMAN, Barge-yard, Bucklersbury, shoe-factor, Feb. 8 at half-past 1, and March 11 at 12, Court of Bankruptcy: Off. Ass. Edwards; Sol. Gale, 70, THOMAS WOOSTER, jun., Liverpool-street, City of London, merchant and ship-owner, Feb. 11 at 2, and March 11 at 11, Court of Bankruptcy: Off. Ass. Groom; Sol. Stephen, 20, Basinghall-street.-Fiat dated Jan. 25. SAMUEL ROBERT GEORGE, London-wall, victualler and tailor, Feb. 9 at 2, and March 11 at 11, Court of Bankruptcy: Off. Ass. Johnson; Sol. Billing, Cheapside.-Fiat dated Jan. 20. ARTHUR COLLOS and ALFRED THOMSON, Brighton, Sussex, sugar-manufacturers, Feb. 5 and March 11 at 2, Town-hall, Brighton: Sol. Penkivill, West-street, Finsbury-circus.-Fiat dated Jan. 20. JAMES THOMPSON, Newcastle-upon-Tyne, joiner and builder, Feb. 18 at 2, and March 11 at 11, Bankrupt Commission-room, Newcastle-upon-Tyne: Sols. Hoyle, Newcastle-upon-Tyne; Crosby & Compton, 3, Church-court, Old Jewry.-Fiat dated Jan. 20. JOHN ARTHUR and DAVID ARTHUR, Neath, Glamorganshire, ironmasters and coal-merchants, Feb. 18 and March 11 at 11, Bush Inn, Swansea, Glamorganshire: Sols. Egan & Co., Essex-street, Strand.-Fiat dated Nov. 24, 1841. CERTIFICATES TO BE ALLOWED, Unless Cause shewn to the contrary, on or before Feb. 18. Benjamin Aarons, Knowles-ct., Doctors'-commons, furrier. James Morris, builder, Toward, near Dunoon, Argyleshire. -R. Ross, tailor, Dalkeith.-Adam Irvine, brewer, Whiskyhouses, near Hawick. INSOLVENT DEBTORS. The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, Feb. 18 at 9. John Nowlan, Brunswick-street, Blackwall, waterman.William Charles Stedman, Berners-street, Oxford-street, assistant to a surgeon.-Wm. Hayward, Crossfield-lane, Deptford, out of business.-Joseph Lane, Trafalgar-sq., Stepney, clerk to an engineer.-James Langley, Webber-street, Westminster-road, coach spring maker.-Sarah Doble, Pollen-st., Hanover-square, forewoman to a hosier.-Henry Lewis Prall, Gravesend, Kent, chymist.-Richard Owers, Milner's-mews, Princes-st., Portman-market, Edgware-road, cabriolet proprietor.-William John Haynes, Twickenham, omnibus promaker.-Thomas Penson Collings, Warren-street, Fitzroy-sq., general dealer.-William Cox, jun., Ernest-street, Regent's park, baker. WILLIAM EDWARD BOYLE, Neath, Glamorganshire, plumber, Feb. 18 and March 11 at 11, Bush Inn, Swansea: Sols. Hargreaves, Neath; Lake & Waldron, 33, Basinghall-prietor.-Wm. Greenham, Church-lane, Whitechapel, shoe street.-Fiat dated Jan. 15. dated Jan. 22. RICHARD WILSON, Blyth Tile Sheds, Northumberland, manufacturer of bricks and argillaceous marble, Feb. 23 at 11, and March 11 at 1, Bankrupt Commission-room, Newcastle-upon-Tyne: Sols. Hoyle, Newcastle-upon-Tyne; Crosby & Compton, 3, Church-court, Old Jewry.-Fiat ROBERT DAVIES, Mallwyd, Merionethshire, shopkeeper and flannel manufacturer, Feb. 16 and March 11 at 11, Eagles Inn, Machynlleth, Montgomeryshire: Sols. Davies, Machynlleth; Price & Bolton, 1, New-square, Lincoln's Inn..-Fiat dated Jan. 17. WILLIAM CHAMBERS, Oxford, organ-builder, Feb. 5 GEORGE BARNARD, Portsea, Hampshire, coal-merchant, PETER STEPHENSON, Manchester, mercer and draper, MEETINGS. Feb. 21, at the same hour and place. Rich. Griffiths Welford, Clock-house, Ashford, and Chancery-lane, barrister at law.-Edward Jackson, Great Ormondstreet, Queen-square, tailor.-John Doudney, Bronti-place, East-lane, Walworth, Surrey, tailor.-John Hackwell, Tavistock-street, Covent-garden, out of business.-Alfred Henry Wardell, Dartmouth-street, Westminster, clerk in the office of the Clerk of Arraigns for London.-John Bridger Palmer, Providence-place, Kentish-town, gold beater.—James Murray Cowham, Francis-pl., Hoxton, fishmonger.-John Rose, jun., Whitechapel-road, dealer in plated goods.-R. Fitch, Blackheath-hill, Greenwich, carpenter.-Robert Guylott, Old Cavendish-street, Oxford-street, tailor. Court-house, KINGSTON-UPON-HULL, (Yorkshire), Feb. 18 at 10. Geo. Mirfield, Hull, tailor.-Wm. Flowerday, Hull, baker. -Thos. R. Collinson, Hull, out of business.-Thos. Kirk, sen., Thwaite, in Cottingham, labouring gardener.-Matthew Empson, Hull, out of business.-Wm. Bramhill, Hull, shoemaker.-Wm. Stephenson, Thwaite, Cottingham, labourer.G. Barnes, Hull, bricklayer.-Wm. B. Jackson, Hull, out of business.-Thos. Dixon, Hull, victualler.-F. L. Klingbery, Hull, clerk to general commission agents.-R. Westerby, Hull, tallow chandler.-Edw. Mace, jun., Hull, out of business.C. Stephenson, Hull, gatherer of and dealer in manure-Geo. Bulmer, sen., Hull, out of business.-Thos. Winn, Hull, out of business.-Jos. Walters, Hull, out of business.-Eliz. Whitaker, Hull, out of business. Court-house, YORK CASTLE, (County), Feb. 21 at 10. Thos. Seller, Beetham, out of business.-Wm. Wicking, Scarborough, linen draper.-John Peacock, Middlesborough, plumber.-Chris. Langdale, Northallerton, chymist.-Geo. Wilson, Hearnby, near Helmsley Black-moor, husbandman. John Salmon, Thalthorpe, near Easingwold, small farmer. -Robt. Newbald, Thirsk, publican.-John Taylor, Hidon in Holderness, coal merchant.-John Windass, Howden, grocer. -Herbert Phillips, Filey, clerk.-J. B. Foster, York Barracks, near York, private in the Queen's Own 7th hussars. R. Halford, W. H. Baldock, and O. Snoulten, Canterbury, bankers, March 28 at 11, Guildhall, Canterbury, pr. d.; March 29 at 12, and. ac. joint and sep. est.-J. H. Lowndes, Liverpool, broker, Feb. 18 at 2, Clarendon-rooms, Liverpool, ch. ass. -M. Danks, Hatton-garden, carpet warehouseman, Feb. 11 at 2, Court of Bankruptcy, last ex.-Edmund Adams, Blenheimstreet, New Bond-street, livery stable keeper, Feb. 10 at halfpast 1, Court of Bankruptcy, last ex.-. -Benjamin Oliver and William Goodwin, High Wycombe, Buckinghamshire, drapers, Feb. 1 at 1, Court of Bankruptcy, last ex.-Abraham Levy Beasusan and Josh. Brandon, Walbrook-buildings, merchants, Feb. 7 at 12, Court of Bankruptcy, last ex.-Samuel Smith, Pump-row, Old-street-road, timber merchant, Feb. 21 at halfpast 11. Court of Bankruptcy, aud. ac.; at 12, div.-Robert Drew, Wells-street, Camberwell, furniture dealer, Feb. 21 at 11, Court of Bankruptcy, aud. ac.-William Walley, Salford, Lancashire, flour dealer, Feb. 21 at 11, Commissioners'-rooms, Court-house, YORK, (City), Feb. 21 at 10. Manchester, aud. ac.-John Russell, Brampton, near Chesterfield, Derbyshire, tailor, Feb. 21 at 10, Commissioners' -rooms, J. B. Houison, York, watchmaker.-Jos. Darnbrough, York, Nath. Kendrew, Heworth, near York, out of business.Manchester, and. ac.-Joseph Littleford, High-st., St. Maryle-bone, coachmaker, Feb. 18 at 12, Court of Bankruptcy, div. brush hawker.-J. Larkin, York, boot maker.-James Hare, -H. W. Morgan, Alford, Lincolnshire, grocer, Feb. 24 at 12, York, joiner.-George Settle, Walmgate, butcher.-Samuel Angel Inn, Brigg, aud. ac.; at 1, div.-J. M. Jubber, Oxford, Camidge, York, huckster.-J. P. Redman, Escnik, near York, wine merchant, Feb. 21 at 1, Lucas's, under the Town Hall, bricklayer.-Rich. Dawson, York, out of business.-J. Dall, Oxford, and. ac.; at 2, div.-G. D. Watts, Great Massing-York, carpenter.-Francis Birtles, Sheffield, out of business. York, joiner.-James Nichols, York, joiner.-Geo. Croft, ham, Norfolk, grocer, March 1 at 2, Red Lion Inn, Fakenham, Harriet Whitehead, Groves, York, out of business. Norfolk, aud. ac.; at 3, fin. div.-Richard Root, Wardington, Oxfordshire, draper, Feb. 21 at 11, White Lion Inn, Court-house, WORCESTER, (County), Feb. 18 at 10. Banbury, div. J. R. Halford, Shipley-farm, near Bromsgrove, out of bu siness.-Thos. Archer, Welland, hiring out horses to work on Mr. SERJEANT GLOVER'S LAW of CORPORATIONS. the Birmingham and Gloucester railway.-Jos. Norris, Sparkbrook, Aston, near Birmingham, out of business.-A. Hall, sen., Derby-end, Netherton, near Dudley, spade tree maker. -Thos. S. Lambert, Tenbury, out of business.-Jos. Jeynes, Upton-on-Severn, hallier.-Jas. Smith, Leigh, farmer.-7. Brosser, sen., Hanley, labourer.-O. Steventon, Withermore, near Dudley, nailor.-John Little, Welland, labourer.—Wm. Bridgen, Dudley, higgler.-Thos. Podmore, Bevley, near Studley, cooper.-John Norton, Cradley, near Dudley, miller. -Arnold Jones, Upton-upon-Severn, farrier.—John Guest, Redditch, general shopkeeper.-7. Taylor, Dudley, draper. Court-house, WORCESTER, (City), Feb. 18 at 10. Edw. Close, Worcester, tailor.-George Till, jun., Worcester, out of business.-Wm. Bishop, Worcester, tailor.-J. Meredith, Worcester, butcher. Court-house, HEREFORD, (County), Feb. 21 at 10. Wm. Lambert, Hereford, watchmaker.-Wm. P. Cowley, Hereford, out of business.-John Kinsey, Warton, Bromyard, out of business.-Wm. Colcombe, Lower Bullingham, St. Martin, labourer.—Francis Turner, Hope under Dunmore, Recently published, price 17. 18., boards. A PRACTICAL TREATISE on the LAW of MUNICIPAL CORPORATIONS, with an Addenda, containing the Municipal Corporation Amendment Acts; also Manuscript Cases and Reported Decisions, to Trinity Term, 1841. By WILLIAM GLOVER, LL. D., Serjeant at Law. S. Sweet, Chancery-lane; Stevens & Norton, 26 and 39, Bell-yard. COLLYER'S LAW OF PARTNERSHIP. A PRACTICAL TREATISE on the LAW of PARTNERSHIP, (including Partnerships in Mines, Joint Stock Companies, and Ships), with an Appendix of Forms. By JOHN COLLYER, Esq., of Lincoln's Inn, Barrister at Law. Bell-yard; and A. Maxwell, Bell-yard. Just published, price, 28., No. 1, to be completed in 12 monthly parts, labourer. John Walters, Kington, baker.-Thos. Williams, A DIGEST of ELECTION LAW, and of Common Drybrook, Walford, innkeeper. INSOLVENT DEBTORS' DIVIDENDS. Benj. Whitlam, East Retford, upholsterer, Jan. 31, Knobel's, Lincoln's-inn-fields: 58. 9d. in the pound.-W. Fred. Cleave, Wheeler-st., Spitalfields, harness-maker, Jan. 27, Doune's, Princes-st., Spitalfields: 38. 2d. in the pound. MEETING. Jeremiah Board, Worle, Somersetshire, farmer, Feb. 16 at 3, Court-house, Portugal-st., pr. d. The Court of Common Pleas will, on Friday, the 4th of February, and following day, sit for the disposal of the Paper of New Trials. The Court of Exchequer will, on Wednesday, the 9th of February, and three following days, and also on Wednesday, the 16th, sit for the disposal of the Special and New Trial Papers. MASTERS IN CHANCERY.-The following gentlemen have been appointed Masters Extraordinary in the High Court of Chancery:-Thomas Scott, of Bromsgrove, Worcestershire; and Edwin Dudley, of Dudley, Worcestershire. Law Cases, relating to Elections; containing the Important Act of Last Session, upon Agency; with Prefatory Remarks upon the Bill as originally introduced. By CHARLES PARR MONTAGU, Esq., Barrister at Law. John Richards & Co., Law Booksellers, 194, Fleet-street. GREENING'S SELECTION OF LEADING STATUTES. This day is published, in royal 8vo., price 28., MAGNA CHARTA, being No. 1 of a Selection of LEADING STATUTES, with NOTFS thereon, intended principally for the use of Students. By HENRY GREENING, Esq., of Lincoln's Inn, Special Pleader. 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. JEREMY'S ANNUAL LAW DIGEST. AN ANALYTICAL DIGEST of all the REPORTS Equity, of Appeal and Nisi Prius, and in the Ecclesiastical Courts, in the year 1841. By HENRY JEREMY, Esq., Barrister at Law. of CASES decided in the Courts of Common Law and V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of PorINSOLVENT LAW AGENCY-A Gentleman con[NSOLVENT LAW AGENCY.-A Gentleman con- tugal-street), 26 and 39, Bell-yard, Lincoln's Inn. vent Debtors, feeling, in many cases, professional men have not time to devote their attention to the matters of that Court, BISSET ON ESTATES FOR LIFE. This day is published, in 8vo., price 138., boards, PRACTICAL TREATISE on the LAW of ES offers to accept every description of Insolvency upon Agency ATATES for LIFE. BY ANDREW BISSET, Esq., terms. The Advertiser has been extensively engaged in this department for many years, and can give high testimonials as to respectability.-N. B. By instructions being given prior to custody, many days' imprisonment may be avoided. Apply to Mr. W. R. Buchanan, 8, Basinghall-street, and 4, Montagueplace, Old Kent-road, Attorney of the Court. T. DAVIS, Surviving Partner of the late Firm R..Pildys, Surviving to return his sincere thanks to those Gentlemen who have hitherto honored him with their patronage, and to inform them, that the Partnership being dissolved by effluxion of time, he will CONTINUE TO CARRY ON THE BUSINESS OF A LAW BOOKSELLER, AT No. 57, CAREY-STREET, OUTSIDE LINCOLN'S INN GATEWAY; where he hopes, by a strict adherence to those principles on which he has hitherto acted, especially for the last four years, during which, the business, (although carried on for the mutual benefit of himself and his late partner's family), has been under his EXCLUSIVE management, to insure a share of their future favours. His present stock embraces a large collection of Reports in the various courts, the Statutes at Large, and Elementary and Practical Legal Works, all perfect, in good condition, and at the lowest remunerating prices. Gentlemen wishing to sell or exchange the whole or any portion of their Law Libraries, may STILL rely upon receiving their utmost value, on application to R. T. Davis, No. 57, Carey-street, 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. FUN CHAMBERS, & PRIEST'S Temple Furniture Mart, 17 CAM, WRS, at PRIEST'S Temple Furniture URNISH your OFFICES, COUNTING-HOUSES, City.-The largest STOCK, in London, of COUNTINGHOUSE DESKS, railed partitioning, office, library, and board-room tables, winged and plain book-cases of all sizes, deed cases, pigeon-holes, and every article to furnish the office, library, or dwelling-house, new and second hand, of the best manufacture; also a great assortment of improved fire-proof safes, strong room doors, chests, cash, and deed boxes, at such prices that cannot be surpassed. Furniture bought or exchanged to any amount. Auctions, appraisements, and funerals on exceeding low terms. 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, PRINTED, 4, PEMBERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER No. 265. FEB. 5, 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: OUR readers will have observed, in the last Number of THE JURIST, (p. 22), a statement by a correspondent, that several of the most distinguished Conveyancers act on the doubt, whether trustees for sale, selling under restrictive conditions, do not commit a breach of trust, so far as to reject at once titles submitted to them by purchasers under such contracts. We believe our correspondent is right in stating, that some eminent Conveyancers have adopted the practice of taking such an objection to titles, but on what ground of authority or reasoning so sweeping and general an objection is to be supported, we do not understand. A point, of the kind under discussion, arose in a late case, (Hobson v. Bell, 2 Beav. 17), in which a mortgagee, with a power of sale, sold the mortgaged property under special conditions of sale, one of which was as follows: "The vendor shall deliver an abstract of title to the purchaser, or his solicitor, within two days of the day of sale, to the stock in question; and all and every objection to the title shall be made and communicated in writing to the vendor's solicitor, within twenty-one days after the delivery of the abstract; and if the same be found valid, the vendor shall be at liberty to rescind the contract on returning to the purchaser his deposit money; but all and every objection to the title, not so taken and communicated within such period of twentyone days from the delivery of the abstract aforesaid, shall be deemed waived; and, in this respect, time shall be considered the essence of the contract." On an objection being taken, that this condition was so depreciating as to amount to a breach of trust, the court held that it was not so. The case relied upon in support of the objection to the title, in Hobson v. Bell, was a case of Ord v. Noel, (5 Madd. 438). That was a case, in which the property sold was vested by the defendant in trustees for sale, on trust to pay a debt to VOL. VI. D a creditor of the defendant's father; and, subject thereto, to pay the proceeds to the defendant. The trustees for sale employed, to conduct the sale, a person who was the solicitor of the creditor; and although, at the sale, the father of the defendant gave notice that the sale would be impeached by him, and although the auctioneer employed had advised, that, for the purpose of obtaining a good price, the estate should be sold in lots, yet, notwithstanding the notice, it was sold, under the direction of the solicitor's clerk, and in one lot, and that on the suggestion of the creditor and his friends, the creditor being the only bidder. The evidence shewed, that the only reason for thus pressing on the sale, was, that the creditor was anxious that money should be raised. On this state of things, the Vice-Chancellor held, that there had been great improvidence on the part of the trustees; and refused to decree specific performance. All that was decided, therefore, in this case, was, that the particular circumstances amounted to a depreciation, of which, indeed, there could be no doubt; that a sale by the agent of trustees for sale, conducted with a gross disregard of the interests of the cestuis que trust, and an exclusive attention to the wishes of a client of the trustees' agent, having an interest adverse to that of the trustees, was such a sale as amounted to a breach of trust; and that, under such circumstances, the court would not help the purchaser. But the case of Ord v. Noel has, obviously, nothing whatever to do with the question, whether the mere fact of selling, under restrictive conditions, by trustees, is such a depreciation as to amount to a neglect of duty on their part Lord Langdale's decision in Hobson v. Bell goes no farther, tion before him had not such a depreciating effect. The directly, than to pronounce, that the particular condiinference from his Lordship's decision is, however, that, if the condition had been sufficiently depreciating, he would have held it a defect of title; and he, therefore, reduces the question to one of fact, whether special conditions of sale are or are not bona fide depreciating? Now, it may be questioned, we think, whether any | COPYHOLD COMMUTATIONS AND ENFRANrestrictive conditions of sale can be shewn to be actually CHISEMENTS, UNDER THE 4 & 5 VICT. c. 35. (Continued from p. 17). I. COMPULSORY COMMUTATIONS. 2. Consideration of the Commutation. The equivalent which is to be given to the lord in and bona fide prejudicial to the sale. If, by being prejudicial, is meant, simply, reducing the amount that will be offered for the property put up for sale, there can be no question, that any materially restrictive condition of sale will have that effect. But it should be re-exchange for the commuted rights, may assume either collected, that such a reduction of price is merely an expression in money of the amount of defect or difficulty under which the title labours; and it has simply the effect of imposing at once, and by means of the contract, on the vendor, some pecuniary loss, instead of leaving him to incur it, and probably, to a greater extent, at a future period when the defect shall have been discovered. of two forms. It may either be an annual sum payable to him by way of rent-charge on the land, or it may be a fine payable to him on the death of the tenant, or the alienation of the tenement, or at some fixed periods which shall be ascertained by the agreement of the parties. Rent-Charge.]-We have already seen in what manner the amount of the entire rent-charge for the whole commutation, or the amounts of the apportioned rentcharges for the separate lands, are to be fixed either by Suppose that there is really some defect of title, not, the terms of agreement itself, or by the estimate of the of course, going the length of a positive and insurmount-valuers; and how the amounts of the separate rentable blot on it as a holding title, but rendering it more or less unmarketable; if a vendor puts such a title into the market, without special conditions, it is obvious, that, though he may obtain a purchaser at the full apparent value of the property, yet, when the title comes to be investigated, he will be compelled either to release the purchaser wholly from his contract, or to make an adequate deduction. Suppose, on the other hand, the special condition not charges may be left subject to an increase or diminution, at a given rate, in certain specified events. In the latter case the schedule of apportionment, as well as the diminution, and the events on which it is to take place. agreement, should specify the rate of the increase and (Sects. 14, 37). Where the amount of the apportioned rent-charge exceeds 20s., the annual sum payable to the lord is to be valued and variable with the price of corn in the same manner as the tithe rent-charge. For this purpose, the amount fixed by the apportionment is to be considered as laid out, in equal third parts, in the purchase of wheat, barley, and oats, at the prices mentioned in the act, and ascertained by the average of the seven years next preceding the passing of the act. The number of bushels of the several descriptions of corn, which might thus be purchased at those prices, will constitute the permanent amount of the rent-charge. And the annual sum payable to the lord will be the value in money of that number of bushels of each kind of corn at the prices ascertained by the seven years? average, as published under the Tithe Commutation Act, in the January next preceding the time of payment. (Sect. 36). to relate to any actual blot on the title, but merely to the question who is to bear the expense of fully deducing and verifying such title, as the vendor shews upon the abstract. This is the point raised by the resolution of the Birmingham Law Society. It is obvious, that such a condition would never be inserted, except where, from the nature of the evidences of title, the expense of deducing and verifying the title, whether arising from the production of deeds or of copies of deeds, or from the evidence strictly requisite to establish particular facts, would cause an expense excessive in amount. If the vendor did not protect himself by restrictive conditions of sale, against such expense, he might, it is true, obtain a higher nominal price for the property; but, it is quite clear, that the surplus, which he would receive with one hand, he would have to pay out with the other. Indeed, it might frequently happen, that the advance of price would fall very far short of the expense to which the vendor would render himself liable, in the endeavour not to damp the sale. Sir Edward Sugden mentions a case, in which the expense of attested copies of deeds, which would of course fall upon the vendor, if there were no special stipulation, exceeded 20007. (1 Vend. & P. 38). The result of special stipulations, where there is some defect or difficulty attending the title, is probably, in general, a saving to both parties; at any rate, it is advantageous to the seller, who gets a higher price than he otherwise would do, because of the well-known disposition of purchasers rather to under-rent-charge shall not commence till the period of the estimate than overestimate, in their calculations of value, the drawback of a future and contingent evil. Whatever, therefore, may be the effect upon purchasers, we cannot conceive a case, if there be any defect of title, in which it would be prejudicial to the vendor to sell under special conditions as regards such defect. It seems to us, that, in every imaginable case of this nature, it is nothing more on the part of the vendor than a contract to sell at a less price than the apparent value of the estate, the difference being regulated by a calculation, which practice must render tolerably certain and accurate, of the value to the vendor of selling, and selling at once; and the loss to the purchaser arising out of the contingent danger and expense to which he renders himself liable. The rent-charge is to commence in general from the 1st January next after the confirmation of the apportionment; and the first payment to be made on the 1st July following. (Sect. 36). But the commencement may, in certain cases, be deferred by the agreement of the parties, or the order of the commissioners. This provision is especially framed with the intention of facilitating the arrangement and obviating objections, where a tenant, and, in particular, of copyholds for lives, has already paid his fine on admission, and the justice of the case requires, that he should be considered as discharged from the obligations of his tenure, till the recurrence of an occasion for the payment of a fine. With this view the parties are enabled by the terms of the agreement to provide, that the apportioned next act or event on which the fine or other commuted right would have become due and payable. (Sect. 14). This provision, indeed, is confined to the apportionment in respect of lands, the tenant of which is a party to the agreement. But the commissioners have a discretionary power of deferring the commencement of the rent-charge, in any such case, whether expressly comprised in the agreement or not. (Sect. 23). And in order to facilitate the due performance of this part of the commissioners' duties, the valuers are required to state in their schedule of valuation the particular cases calling for the exercise of this power. (Sect. 28). And in these cases the entire rent-charge, being at first less than its full amonnt, will be proportionably increased, when the specified period arrives. |