THE CERTIFICATE DUTY. nder the head of "Proceedings of Law Societies," our last number, will be found a copy of the ates of a general meeting of the Society for Proing the Amendment of the Law, and we beg to call ntion to a reference to the committee on miscelous jurisdictions of the consideration of the cerate duty now paid by Attorneys and Solicitors. think we can clearly trace connection between important reference and the monster petition inated by the Metropolitan and Provincial Legal ociation, and presented to Parliament in the last ion by Sir Thomas Wilde; and the interview e by the Council of this Association with the incellor of the Exchequer, reported shortly in our nal of the 8th ultimo, p. 91. Can any one doubt this is the mode adopted by the Chancellor of Exchequer to give the subject the consideration romised? Ve are assured that the Legal Association will sue the subject in this new quarter, and submit to high legal authorities composing the Society for moting the Amendment of the Law the unanswer reasons against the tax. We confidently expect ost favourable issue from the consideration thus De vouchsafed; while the Profession has reason ejoice that this unjust tax will have to pass this itinizing ordeal, it ought not to neglect the means which so desirable an object has been effected. f, indeed, attorneys are really desirous to improve condition of the Profession generally, and, in conuence, their own individually, they must do more n vent their grievances in idle complaints; they st cease to follow the example set by the worthy rgoner, in our early fable lessons, who implored iter to release the wheel of his carriage from the k it had fallen into, without having, in the least, eavoured to assist himself. Let the attorneys, by ing the Legal Association, afford that body the ins of helping them, for we are surprised and sorry ind, both from the report it has issued, and a ret conference with its officers, that it is far from ported in the way that its objects require, and its t endeavours deserve. CORRESPONDENCE. SALES OF RAILWAY SCRIP. TO THE EDITOR OF THE LAW TIMES. purchase-money of scrip in a railway company, which failed in obtaining the sanction of parliament, could not, under ordinary circumstances, be received by the vendor. I am, Sir, yours, &c. JOHN YEOMANS, jun. Sheffield, Nov. 18, 1845. ATTORNEYS' GOWNS. TO THE EDITOR OF THE LAW TIMES. SIR, Mr. Durrant, being one of the first that advocated the resumption of the gown, I have for. warded to him a few of the numerous letters of approval that I have received, for his perusal and advice as to the next step to be taken in the matter; and he has favoured me with the following reply: : "Chelmsford, November 19, 1845. ATTORNEYS' GOWNS. "Dear Sir, I have perused with much pleasure the correspondence you were kind enough to send me, and in reply to your inquiry, what is to be done next? I would say that my mind can only recur to my old plan of lithographing circulars, setting forth the reasons which exist for resuming the toga, which is the ordinary distinction of learned professions (and which remark supplies a reason for our having recourse to extraordinary means of distinguishing our. selves, at the same time that it appears to me a sufficient answer to cavillers), and requesting the concur. rence and subscription of the parties to whom such circulars may be addressed, towards paying the expense of such circulars. "If the thirty gentlemen you allude to would contri. bute 5s. each in the first instance, a sufficient fund would be raised, I should think, for not far short of 1,000 circulars, and as subscriptions come in further circulars could be issued. "I think the reasons alleged in my first letter on this subject in the LAW TIMES, vol. iv. p. 10, sufficiently concise in statement, and ample in substance, to be worth adopting for the purpose suggested; and a request might be added, that the solicitor in any town to whom a circular might be addressed, should take the trouble to ascertain and commuuicate to you the sentiments of his professional brethren on the question. "You are at liberty to make any use of this letter you may please; and, thanking you for the spirit with which you have not ceased to agitate this matter, which (notwithstanding a few depreciatory observations here and there) I think is not altogether unimportant. I remain, dear Sir, yours truly, SIR,-Having carefully perused the case of Leeman Lloyd, and your observations thereon, I am ined to think the distinctions drawn between the "GEORGE JOHN DURRANT. nmon law and statute law, are open to some re"J. T. Shapland, Esq. solicitor, South Molton." irks. With due deference to the talent and ability We are now preparing to carry Mr. Durrant's plan th which the points have been stated, I must con- into execution, and I hope very shortly to be enabled is that I cannot find any thing in the late Act, 7 & to give you a copy of the proposed circular for the Vict. c. 110, that alters the effect of the principles perusal of those gentlemen who have kindly written our common law, "that the vendor of shares in a me, expressing their approval, and offering every ilway company, completely registered, but not after-assistance to carry the matter into execution. ards obtaining the sanction of parliament is liable Yours truly, refund the purchase-money, on the ground that J. T. SHAPLAND. e consideration failed." South Molton, November 26, 1845. The sales of scrip in railway companies, established ter the 1st Nov. provisionally, but not completely, gistered, are illegal, being within the restrictions To Readers and Correspondents. P. (Abergavenny).-We leave it entirely to the reporters to determine the length at which each case deserves to be reported, and only to give those that contain a point of A dozen readers have sent us Mr. WESTON's advertisement now appearing in all the country newspapers. It has already figured in the Law TIMES. the 26th section of the 7 & 8 Vict. c. 110, accord-W. g to the opinion of the Attorney-General, and other ninent counsel. It is clear, therefore, that no party ould recover the premiums paid under such circumtances, as no case is to be found where when money has een actually paid by one of two parties to the other pon an illegal contract, both being particeps criminis, n action has been maintained to recover it back gain. On this point I entirely concur in your remarks, that the statute law has effected an alteration n this respect. But, as regards the sale of shares in law. R. W. (Falmouth).-The subscribers do not yet justify the cost. But it would not be begun till January. E. W. (Knighton).-Would not the complaint have come better in the form of a letter? The report as sent did not express it. H. B. (Wolverhampton). We profess only to report TO SUBSCRIBERS. It is proposed to publish an annual Index Legum, consisting of a digest of all the reported cases and statutes of the past year, under the title of the YEAR Book, to be bound with the volumes of the LAW TIMES, or separately, at option. It will be comprised in about six or seven numbers, at 1s. each, stamped, for transmission by post. It will not be commenced unless 1,000 subscribers order it. Persons desirous of having it are therefore requested to transmit their names as soon as possible. SCALE OF CHARGES FOR ADVERTISEMENTS. Under 50 Words....... 20 5 0 For every additional Ten Words. 0 0 6 Advertisements from the Country should be accompanied with an order upon the Agent in Town, or a Post-office order (payable at 180 Strand) for the amount. N. B. For Scale for Estate Advertisements, see JOURNAL or PROPERTY. THE LAW TIMES. SATURDAY, DECEMBER 6, 1845. THE BENCHERS OF THE INNER IT has been shewn that the Benchers are not an irresponsible body, and that the election of a Bencher is not in any manner to be compared with that of an admission to a private society or club. It remains only to be considered whether the manner of election, by means of the ballot, is compatible with the execution of a trust. What is it, in fact, but the old argument of the ballot over again? A trust implies responsibility to some other person or persons for an act done; responsibility means the right of that other person to demand an account for that act and pass a judgment upon it. An account and a judgment can only be based upon a knowledge of the facts; and as the very purpose of the ballot is to shroud the act in secrecy, the ballot is entirely incompatible with the existThe ballot is ence or exercise of a trust. sanctioned by universal custom as the form of election in private clubs or societies, specially because the elector is supposed to be wholly irresponsible, to consult only his own opinion, or it may be his own caprices; and it is as being the best known mode of securing the free enjoyment of this right of unquestioned choice that the ballot is adopted in practice and approved by reason. But the selfsame reason that sanctions this form of election, where no trust is exercised by the elector, condemns the resort to it where any responsibility is involved. Let us, however, guard against a possible term, responsibility. We do not mean by it misunderstanding in the employment of this such as is due from every person to his own conscience and to Heaven, but only such responsibility as one man owes to some other select cases in Equity, that is all practice cases, and the man or men. others of the most general interest. A full report could not be compressed within our limits, even with the aid of our repeated double numbers. against rule. Now it has been shewn, we hope satisfactorily, that a responsibility, a trust, is exercised A SUBSCRIBER (Hereford). — The questions are clearly by the Benchers in the election of new memMessrs. BROOKS and Co. (Whitchurch).—The proposed edi-bers of their body-a trust for the benefit of tion of the statutes did not meet the approval of the members of the Verulam Society, only 184 subscribing for it, and it was therefore abandoned. railway company that has been completely regis-A. ered, the sale of those shares being legal according o the opinion of the Attorney-General, and other minent counsel; supposing the consideration to fail, imagine that the purchase-money of scrip in a railway scheme completely registered, which failed in obaining the sanction of parliament, could now be reovered at common law, independent of the statute, y the vendee. Inasmuch as the 11th section of he statute 7 & 8 Vict. expressly excepts comanies which shall have been incorporated by Act f Parliament from making half-yearly returns of hanges and additions of members, and I cannot nd any thing in the 26th section, or in any other clause of the Act, that controls the disposal of those shares; if so, I apprehend they are guided by the principles of common law, and the reasonng laid down by C. J. Best in Kempson v. Saunders, and by Bayley, J. in Nockels v. Crosby, must apply now equally as at the time these cases were decided. I shall feel obliged by your stating this in your next LAW TIMES, with your observations thereon. Of course I infer, from the concluding paragraph in the observations upon the case of Leeman v. Lloyd, that the statute 7 & 8 Vict. c. 110, has altered the common law; and that whether the company be provisionally registered or completely registered the NOTICE TO SUBSCRIBERS. their Society in particular and the Profession generally, and a responsibility to the members of their Inn, to the Profession, and to the Sovereign whose delegated authority they hold. To The volumes of the LAW TIMES, neatly, strongly, employ the machinery of the ballot, whose very and uniformly bound, for 5s. 6d. each, with purpose is absolute secrecy, and whose effect the name and address of the owner on the cover, is to substitute a despotism for a trust, is 1s. extra, if sent to the office. If the numbers manifestly a violation of the first principles of for binding be transmitted by the post, they must justice, an abuse which cannot be too soon be tied in a parcel open at the ends, and contain abated by those who exercise a power which some distinguishing mark by which it may be reason cannot approve, which public opinion recognised, of which the publisher should be will not support, and which is found to be as advised by letter and directed how he shall re-injurious in practice as it is indefensible in turn the bound volume. Advantage may be principle. The case that occasioned these taken of the same parcel to enclose other books for binding. Here is a wrong done by means of it-a wrong admitted to be such by those who are made involuntary parties to its commission, and who appear to the world as participators in an act which was really the act of one or two or three of them only. Such is the argument as regards the public interests concerned. Let us now appeal to the convenience of the Benchers themselves. Suppose that by any accident there should come among them some man of waspish temper-apt to take violent distastes, or overflowing with jealousy; that this individual should avail himself of the secrecy of the ballotbox to exclude from the Bench every candidate with whom he may at some distant time have quarrelled, or whom he personally dislikes for any reason or none, or of whose greater success in his profession he is envious. What would the Benchers then say to the ballot? Would they not be eager and prompt to abolish it? It is true that such a case has not occurred yet; but that the past is no guarantee for the future is proved by recent events. A year since it would have been argued that the ballot had never worked ill in practice, by stabbing in the dark, without trial or hearing, the character of a gentleman selected by the Sovereign for the honour of a silk gown; and it would have been urged that, never having been done, it would not be done. But now the evil has actually occurred; affording another proof that what is bad in principle is never safe in practice. We repeat, that into the merits of the particular case which has attracted so unpleasingly the notice of the Profession we do not care to enter. The result of the ballot may or may not have been right in fact; substantial justice may or may not have been done. But this by no means affects the subject-matter of the complaint, which is preferred against the manner of accomplishing the end rather than against the end itself, upon which we are not competent in the absence of the facts to offer an opinion. That system must needs be wrong which tries a man in his absence, condemns him without a hearing, constitutes his accuser his judge, and enables him who is at once accuser and judge to work his will in secret and inflict his own measure of punishment, without responsibility and without appeal. Can such a system he consonant with English institutions, English habits, English prejudices, if you please to call them such? Or can it be for the advantage of the Society, or of the Profession of which it is one of the guardians and governors, that it should be maintained, now that it has been found as faulty in practice as it is in principle? For their own sakes, for the sake of the Profession, we earnestly trust that the Benchers of the Inner Temple will take the earliest opportunity of removing from themselves so just a cause of offence, and throw away a shield which the experience of centuries has proved that they do not need. SOLICITORS' INSURANCE OFFICE. THE Directory is now sufficiently advanced to proceed to action. or shareholders in or as solicitors to, some In the choice of Directors we have adopted It seemed to us that this system was a 1,5641. being two-thirds of the whole depon the shares allotted, have been actually by the Bankers to the Society. It may be satisfactory to add, that every thing of the deposits has been paid into the to the account of the Society; no deductit: been made for the preliminary expenses, we have personally defrayed, and which a not desire to be repaid until they shall : received the sanction of the Directors. our purpose to place the funds in ther untouched, even for the costs incurred in ing the Society. If aught more satisfactory can be sugge it shall be adopted. VERULAM SOCIETY. THE printers being now released, the of publication will be proceeded with the 18th number of Real Property end 13th number of the New Magistrates [ veyancing Cases, and No. 12 of Practice have been delivered. veyancing Cases, the 9th number of Ca the list :- : Form of Common Affidavit, lithographed. meet the difficulties of the Small Debts A 1 practical deception; that it was unfair to put The difficulty of composing such a Directory The following new members have joined t Waring, Richard, Luton was on the direction, or in the employ of, or holding shares in, some other Insurance-office, and were therefore compelled to decline this, though with regret, for there were not two opinions as to its certain success, and the plan was universally approved. At last, however, the list was sufficiently filled ADVERTISING ATTORNEYS. for the purpose of working, but with intent to add to it any very desirable persons that THE following lithographed circula opportunity might offer hereafter; and we be- been widely circulated through the We lieve from personal knowledge of some, and from England. Mr. GRAY, we believe, is a anxious inquiries as to the rest, that there is known to the Profession, as figuring in ca not in that list a name to whose respectability, newspaper advertisements transferred influence, or capacities for work, a substantial LAW TIMES. We hope his CLIENTS objection can be raised. But, for the better be displeased at the publicity he has gre satisfaction of the shareholders we have resolved them. By the bye, who are "T. G. PE to leave the decision to them, in the only form POTTS, Merthyr and London, and G. L in which their opinions can be taken-namely, esq. Gloucester and London. How an by submitting to them the list previously to its ney can be practising at both places we publication, that either they may state to us, in a loss to conceive. Have these genten confidence, any objection to all or any of the their Cooks practising in their name: names (and if a considerable number of objec- so, they should be looked to. tors should appear the intimation would of course be acceded to), or, if they should prefer it, their applications might be withdrawn, and their deposits returned, without deduction for expenses or otherwise. Offices, 2, Nicholas-street, Brist November 1845. Dear Sir,-Having had my attention partitir drawn to the practice of the Bristol District D ruptcy and Insolvency Courts, more especially quires my daily attendance at the court, and capacity of agent for country practitioners, sids had considerable experience in the court da But, previously to its first meeting and formal establishment, it has been deemed by us, who have taken upon ourselves the responsibility hitherto, most respectful towards the shareholders, who have honoured us with such singular confidence, and altogether the fairest course that could be pursued, to forward to each shareholder a list of the proposed directors and officers, that if any objection to such list be felt it may be communicated to us in strictest confidence, and that all interested may have an opportunity of withdrawing their applications or deposits should they be dissatisfied with the list proposed. We can, however, assure the shareholders that no exertion has been spared to secure the most unobjectionable names; that those only of the desirable persons are not to Solicitors; and, more extraordinary still, up fees thereon, which will, in most cases, aver included who are already interested as directors to this evening (Thursday), no less a sum than third of the profit. For instance, my charya t expense, and responsibility, and allowing you ag We trust that this will assure the Profession if, indeed, any assurance be needed that we have acted in entire good faith, and consulted, to the best of our ability, their interests alone. of the Cou and thirty insolvencies, without one client having Still the report of actual progress is most duces me to lay before you the offer of attendin gratifying. Applications for upwards of 1,500 any business you may have, or the power of shares have been received since our last; more mending me to, as your agent, upon the of the wat than 1,000 of them have been allotted, entirely ing an insolvent average 151.; deduct about 77. es, accountant's expenses, forms, and other disements, your share of the balance will average een 27. and 31. without any trouble or expense on part. All above 151. I halve. In bankruptcies w one-half, and advance the fees of court, costs t, &c. Such are the facilities afforded by my , that however heavy the case may be, an insolbringing his books and papers with him may e in Bristol on one day, and leave the following with protection from the Court. I hope, thereyou will permit me the privilege of adding your e to my list of correspondents, with the full assurthat all communications shall be conducted upon ial advantages. I invariably address the Court elf without the assistance of counsel. Subjoined to hand you a list of a few of my clients, to -n I can refer you with confidence. Waiting your nands, I am, dear Sir, faithfully yours, WILLIAM GOVER GRAY. R. H. Hellings, esq. Bath T. T. Hawkes, esq. Frome G. Lewis, esq. Gloucester and London T. C. Robins, esq. Wells J. B. Cracknell, esq. Temple Cloud T. G. Phillpotts, esq. Merthyr and London INCE the publication of the article on this subof the 22nd ult. Mr. Symons has written a letter, ch was inserted in our last number, containing following observation :-" W. P. is wholly in r in saying that the 7 & 8 Vict. c. 110, includes ways.' It is feared from this that the writer of article failed to make himself intelligible. The article was intended to treat on the liability of scribers to a company before its complete regision, and in that respect it is considered that it there correctly said that there is no difference veen the subscribers to a railway and to any er registered company, and that in both they are le, as it was there endeavoured to be shewn, for cain preliminary expenses. It was never intended express an opinion that the 7 & 8 Vict. c. 110, all its clauses, included railways; and no one ely will deny that there are some of its clauses ich do include railways. With respect to the sale 1 transfer of shares before complete registration, 1 the difficult question whether the 26th section the Act extends to railways, these are matters t forgotten, but postponed to a future article. hen in due course they come to be considered, the servations by the learned writer of the elaborate te in Leeman v. Lloyd (6 Law T. 107), or any ggestions of Mr. Symons, will receive our serious ention. A correspondent has pointed out a subject of some terest, and which in the order of time ought to ve been noticed in our previous article, but was ere inadvertently omitted, namely, the liability of party who, after having had shares allotted to him cording to his request, has refused to accept them, pay the deposit, or to sign the required deeds. ais is a subject fraught with much difficulty; it one on which it is believed nothing has been ritten with the exception of the article in the Times ewspaper of the 2nd inst. though it is one of imortance, as some companies have, it is said, reatened to put the same in suit. Being a queson of the first moment, the subjoined observaons are offered with considerable diffidence and esitation. them, the chances are, that out of ten actions there In the first place, in order to ascertain the nature of Company. shares To the Provisional Committee of The word "required" in the fabove application The Railway Company. visional committee have allotted to you 66 during the same period, there has been any secession from the members of the provisional committee, committee of management, directors, or other persons to whom the application for shares was addressed. In the forms given above, the parties asked to allot and those allotting are the same, viz. the provisional committee; but sometimes the letter of allotment says that the committee of management have allotted, although the applicant only undertook to take such shares as the provisional committee should allot. This is another difficulty; and notwithstanding it may be said that the provisional committee allotted by the hands of the committee of management, still they are different persons; and if the choice of the allotment was exercised by the latter body without any ratification by the former, it will probably be a fatal objection, as it goes to the consideration for the promise. This is an objection applicable, it is believed, to all allotments, it being the ordinary mode by which allotments are made; but the objection is stronger and more serious where the letter of allotment expressly states that it is the committee of management who have allotted, as evidence shewing that their act was the act of another party, viz. the provisional committee, would be contradictory to what was written. With regard to the terms in which the application has been accepted by the letter of allotment which has been above set out, it is submitted that the same are good, although the writer of this is not unmindful of the expression it contains, "in default of which this allotment will be absolutely forfeited, and the shares immediately disposed of to other parties." In some letters the expression is, or this allotment will be null and void;" but this, it is conceived, is of the same effect, and therefore an immaterial variation. It would have been wiser on the part of the committee to have omitted these expressions; but, notwithstanding the opinion of several of our learned friends to the contrary, it is considered by us that the effect of these words, when introduced as above, is not to destroy the right of the committee to sue for non-payment of the deposit. It is a principle well known in the law, that a party shall not be permitted to take advantage of his own wrong, and there are accordingly numerous authorities in the books, from Rede v. Farr (6 M. & S. 121) down to the recent case of Hyde v. Watts (12 M. & W. 254), establishing that conditions rendering what had been granted void in case of nonperformance of a covenant are only void at the election of the covenantee, but never at the option of the covenantor. If, therefore, this expression, declaring the allotment to be void in case of the default of the applicant to pay the deposit-money, formed part of the contract between the parties, it is a sufficient answer to any objection which may be raised to the committee suing, to say that the committee have not elected to treat the allotment as void. But it may possibly be said that this condition formed no part of the contract, it being a new term added in the letter of allotment which the applica tion never authorised. If so, there is an end to the contract; that is to say, the committe would fail in proving any contract. The writer of this article thinks, however, that it is not a new term, but the legal effect only of the contract resulting from an acceptance of the application for shares in the very terms in which such application is made. The undertaking by the applicant is to accept the shares allotted, and to pay the deposit thereon when required. The answer by the letter of allotment is, that the deposit is to be paid on or before a day certain, which is there named. The contract, therefore, is, to pay the deposit on or before that day; if that is broken, the party in default would not by afterwards tendering the amount of the deposit have a right to insist on the shares being given to him; he would at law have forfeited all right to the same, and the committee, though no such expression as the above had been introduced in the letter of allotment, would have been legally justified in afterwards disposing of the shares to other parties, and treating the allotment as absolutely forfeited. It is therefore submitted that this expression is immaterial; though, in order to remove the doubts which its introduction must raise, it is better for the committee when it is omitted. Sufficient has few companies has there not taken place, during been pointed out to shew the difficulties there are that interval, some such change in the prospectus of suing an applicant for shares for non-payment of as to the purposes of the company, the addition the deposit; and to this it may be added, that the or removal of a branch line, the termini, the con- the committee, before suing, would be obliged to nection with another company, or the business to get the writings forming the supposed contract be carried on. So, and upon the same principle, stamped with an agreement-stamp, which could will the company fail to make out any contract if, only be done by paying a penalty of 101. which Scrip will be given in exchange for this letter, with and for the convenience of persons residing in the Let it be supposed that such an application was made, and letter of allotment sent as the above, without the applicant having withdrawn in the meantime his application, and that it was desired by the company to sue for non-payment of the deposit-money. In the first place, it is apprehended that no difficulty will arise on the ground of partnership, as the applicant had never, by entering into the contract, if any, become a partner in any company, but had, at the most, only contracted to become a partner upon his subscribing to the concern. The consideration for the contract may, however, be the subject of a question. The allotment of shares in a company would, it is true, seem to be a good and sufficient consideration; it is not opposed to the common law, the express provisions of any statute, or the general policy of any law; it is declared to be lawful by the 7 & 8 Vict. c. 110, s. 23; but if the company in which the applicant desired to have shares has been given up and abandoned, the allotment was then a nullity, and there was an entire failure of consideration, and the contract would necessarily fall to the ground. Supposing this difficulty to be removed, the next question is, has there been any change in the objects or character of the company? As a contract may be formed by a series of let- because, if its destination has been in any way ers, provided there is an offer by one party and an altered between the time when the application for cceptance thereof in all its terms by the other, so shares was made and when the letter of allotment here, before there has been a withdrawal of the was delivered, without the assent of the party so pplication for shares, there has been an allotment applying, there was never an application for shares of the shares by the persons asked to allot, and in such altered company, and there consequently pon the exact terms under which they were ap- cannot be a letter of allotment agreeing to the terms lied for, it is presumed there has become a com- on which the application was made. And in how plete contract, capable of being enforced by either arty. Bat the difficulties of a company enforcing or suing for the breach of any contract arising out of the letters of application and allotment of shares, Ordinarily written, are so many, that, although it may not be impossible in some cases to surmount under no circumstances could be recovered from the defendant. Should these difficulties not deter the committee from suing, though the chances of success are obviously so much in favour of the party defending, it is not impossible but that the action may in some cases lie. It is impossible to give a general opinion where the facts of each case are so varying; we can only point out, as we have now done, the difficulties and questions which may probably arise; but whether in each particular case they may arise, or be removed, must depend upon the peculiar nature of the case itself. NECROLOGY. THE LATE CHIEF JUSTICE OF NEWFOUNDLAND. W. P. He The journals have announced in the ordinary manner the death of Mr. J. G. H. Bourne, late Chief Justice of Newfoundland; but something more is due as a tribute to the memory of this gentleman. Mr. Bourne was born at Eastwood, in the county of Nottingham. He commenced his education at Southwell, and was highly admired for his success and proficiency in the various branches of academical studies. He was then sent to Eton, where he greatly distinguished himself by his classical acquirements. next entered Pembroke College, Oxford, and took his degree of M.A. and was afterwards elected a Fellow of Magdalene College. Upon his marriage he, of course, lost his valuable fellowship, with all its prospective advantages, and this by the old law that still remains on the statutes of the University. Mr. Bourne now entered the Middle Temple, and becoming a barrister, he went the Midland Circuit, where he was much esteemed by the most distinguished members of the Profession. He was also appointed revising barrister for that circuit. He was called to fill the judicial bench in Newfoundland by Lord Glenelg, the then Colonial Secretary, at the age of thirty-four. No man ever acquired more esteem for humanity, integrity, and amenity. Mr. Bourne was the author of several works, viz. "The Exile of Idria," "England Won," &c.; also translated the best poems of De Beranger. No person ever passed through life with greater esteem and attachment from friends than the late Chief Justice Bourne. Оп leaving the colony several addresses were presented to him from all classes of the community, speaking in the highest terms of the deceased, and expressive of the deep regret they felt at his loss. Amongst the friends that followed him to the grave, we think it right to mention the name of Captain H. Prescott, R.N. the late Governor of Newfoundland. We regret to announce the death of James Welsh, esq. advocate, stewart-substitute of Kirkcubright, which took place at Janefield, near Kirkcudbright. Mr. Welsh was the youngest son of the late Robert Welsh, esq. of Collin. He came to the bar in 1821, and his attainments and gentlemanly deportment soon gained him general respect. In the spring of 1840, Alexander Wood, esq. stewart of Kirkcudbright (now Lord Wood), on the office of stewartsubstitute becoming vacant, offered it, unsolicited, to Mr. Welsh. He died at the early age of 45. His funeral took place on the 19th ult. his remains being interred in the family burying-ground at the abbey of Dundrennan. We understand that Erskine D. Sandford, esq. stewart of Kirkcudbright, has appointed William Dunbar, esq. advocate, to be substitute and commissary depute of Kirkcudbright, in the room of Mr. Welsh.-Dumfries Courier. JOURNAL OF PROPERTY. A PRACTICAL COMMENTARY ON THE LAW OF CONTRACTS RELATING TO REAL PROPERTY. By WILLIAM HUGHES, Esq. Barrister-at-Law. (Continued from page 141.) sale to be prepared and approved of by the " previously to the advertisement of the proper his signature must be procured before the done. In sales of this kind there are alm advertisements. In the first, no time of sy pointed; but in the second (termed the advertisement), which is usually inserted ab weeks afterwards, the time and place of sales upon, and copies of this advertisement are ANOTHER important question often arises, which other newspapers: usually in one or two renders it especially necessary for a solicitor to be culated London papers, and such provincial acquainted with the true state of his client's title; are in the most general circulation in the and that is, whether such title may not be so cir-bourhood of the property. (Smith, Pract. I cumstanced as to render a sale by private contract edit.; 1 Turn. Pract. 127.) Practical Directions for framing their lars and Conditions of Sale. a more eligible mode of proceeding than a public 4. auction. A title may be, and indeed often is, so situated as to render it prudent for a vendor to insert such special stipulations in his contract, which, though open to little or no objection at all when privately discussed, would, if submitted without comment to the public in the ordinary conditions attendant on an auction, tend very considerably to damp the sale, and perhaps even have the effect of deterring parties from bidding for the property at all. It often happens that there are some dormant claims upon the estate, which, though not likely to be received, are yet a fatal objection to the title. Rights may also have been reserved by former grantors which have never been exercised, and, in all human probability, never will, as a right of digging and searching for minerals in a district unadapted for mining purposes. An inability to complete the title until a future period, on account of some of the conveying parties being under age, not unfrequently It sometimes, also, happens that a person having a claim upon the property, and whose interest determines with his life or failure of issue is dead, and, there is every reason to believe, without leaving issue, but there is no conclusive evidence to prove either of those facts. It may also happen, that some of the earlier title-deeds are lost, or the vendor is unable to produce them, or he has a mere possessory title, without any evidence whatever to show its commencement, in which case even a peaceable and uninterrupted possession of sixty years will not confer a good title, unless its origin can be shewn; nor has the recent Statute of Limitations (stat. 3 & 4 Wm. 4, c. 27) made any alteration in the law in this respect. (Cottrel v. Watkins, 1 Bea. 361.) occurs. 1. As to the particulars relating to th matter of sale. 2. The conditions subject to which perty is to be sold. 1. As to the particulars relating to the v matter of sale.—The preparation of the and conditions of sale will require consi tention; and the mode in which these framed will in many instances, as I h remarked, depend upon the particular vendor's title, and the evidence by whic supported. On this account, therefore should be spared to render them clear as they will admit of no parol explanatio the auctioneeer or any body else, for the p adding to, subtracting from, or contradicting contained in them (Gunnis v. Erhand, 18. 289; Powell v. Edmunds, 12 East, 6; Edney, 3 Camp. N. P. C. 285; Shelton in 3 Cromp. & Jerv. 411; Bradshaw. Car. & Pay. 48); a rule of law falling within the very letter of the statute of a perjuries, but founded also upon the rule mon law that existed long before, and wid equally to vendor and purchaser. (Presto ceau, 2 W. Black. 1249; Parteriche 2 Atk. 384; Davis v. Symonds, 1 Cor. 4 son v. Lande, 1 Dick. 436; Jenkin 6 Ves. 330; Higgonson v. Clover, 15 Granger v. Worms, Camp. N.P.C. Fi v. White, 3 Smith, 435.) The conditions should commence with forth the time and place of sale, the name of auctioneer, and then stating on whose betti property is sold, with a description of the pr Now all these impediments above enumerated, itself, which should be shortly, but though forming a serious objection to a title, may described. The particular kind of tenure, a yet in a great measure be obviated by a private hold, leasehold, or copyhold, should be e arrangement between the parties. A purchaser as also the burdens or charges, if any, may be satisfied, after a fair discussion upon the which the estate is intended to be sold. subject, that the dormant claims can never possibly be asserted. That no exercise of the reserved rights lars describing the property to the conditi It is now avery common practice to a T will ever be attempted, the effect of which would be setting out a description of the different s to incur a considerable amount of expense, without the number of acres contained in each. Th the possibility of any benefit being derived from it. usual where the estate is sold in lots. S When any of the necessary conveying parties are however, where the estate is sold as an entire under age, some arrangement may generally be not in lots, the practice has been to give is entered into, where the parties are ready and willing general description to the following effect so to do, by which the purchaser may be allowed to retain a proportional part of the purchase-money Inn, in the town of Okehampton, in the Conditions of an auction held at the Whak until the title is perfected by the concurrence of the Devon, by Mr. Pminors. And in all the other instances where the vendor is in affluent circumstances, and has no objection to give the purchaser a sufficient indemnity, the matter may generally be arranged to the mutual satisfaction of all parties. 3. Advertising the Property. If the lands which are the subject matter of sale are designed to be sold by public auction, the advertisement should state the day; the time and place of sale; the name of the auctioneer, and the name and place of abode of the vendor's agent or solicitor. It should also contain a general description of the property, number of lots, quantity of acres, and the particular kind of tenure under which it is holden. Should the estate, as often happens, be sold by private contract before the arrival of the day when the sale is advertised to take place, or should any other events arise to prevent the sale from taking place at the appointed time, early notice to that effect should be given, and should be circulated in such way as to obtain equal publicity as the previous advertisements; in order that parties may not be put to the trouble and expense of attending the proposed place of sale, when no actual sale is intended to take place there. When a sale is to be made under a decree of a court of equity, the practice is for the particulars of day of a licensed auctionte, esq. the fee-simple and inheritance in pos for selling, on behal all that capital barton, messuage, and farm situate, lying, and being in the parish of Lsaid county of Devon, containing, by admeasu 250a. 2r. 3p. statute measure, or thereabouts, Where the estate is sold in lots, a forme found well adapted to the purpose:culars corresponding with the following na Lots. No. 1. Tenements. otherwise Grandison's close .......................... Grandison Wood Tenement in Week, and com 2 3 4 5 Quiz statute t 23 18 25 12 1841. se lots are sold for and on behalf of John Smith, c. gentleman, under the several trusts and s of sale contained in certain indentures of age, bearing date respectively the and days of here the property is leasehold, the term for the premises are holden, the amount of the ings, and the duration of the vendor's interest d be accurately set forth, as a wilful misiption in either of these matters might vitiate ale. (Farrer v. Nightingale, 2 Esp. N.P.C. Duke of Norfolk v. Worthy, 1 Camp. N.P.C. Pasley v. Freeman, 5 T. R. 51; Stewart lliston, 1 Mer. 26; Waring v. Hoggart, 1 M. 39; Flight v. Booth, 1 Bing. N.C. 370; ird v. Way, 1 Mees. & Wels. 520.) As was ase in Jones v. Edney (3 Camp. N.P.C. 337), e in the particulars of sale of a leasehold house s stated to be "a free public-house, whereas oint of fact the lease contained an express nant to take beer from the lessor, upon which nd the purchaser refused to complete the con, and having brought his action recovered back amount of the deposit money he had prely paid. the case of copyholds, also, the nature of the re and the terms upon which they are holden ld also be set forth. 'here the estate is determinable on lives, whether > leasehold or copyhold, should any of the lives before the sale, the particulars should be ed so as to correspond with that circumstance; parol statement of that fact by the auctioneer, ough publicly made at the time of sale, will be fficient; upon the long established principle well v. Edmunds, 12 East, 6; Jones v. Edney, amp. N.P.C. 285; Jenkinson v. Pepys, 6 Ves. ; Parteriche v. Powlett 2 Atk. 384; 29 Car. . 3, s. 4), that written statements cannot be ed by word of mouth, and a purchaser in such e would be allowed to rescind the contract on ount of the duration of the vendor's estate in the mises having been so misrepresented in the parlars. (Bradshaw v. Bennett, 5 C. & P. 48.) (To be continued.) fetched 137. each, and one 51. share in the Leicester Permanent Library sold for 21. 10s. Four lots of twenty-five each, in the Leicester and Bedford, one lot of Rugby and Huntingdon, two lots of Derby and Gainsborough, one lot of Nottingham and Gainsborough, and one lot of Midland Union, were put up, but found no bidders.-Leicester Mercury. Public Sales. By Messrs. DANIEL SMITH and SON, at the Mart. A freehold family residence, at Old Windsor, between rooms, with conservatory, beautiful and well timbered pleaEgham and Windsor, comprising several elegant receptionsure-grounds, and a rich paddock of pasture-land adjoining, comprising altogether above 13 acres, free from land-tax, but subject to the annual payment of 101. to the poor of the parishes af Old Windsor, Langley Marsh, and Thorpe, to be expended in bread. The ornamental timber, conservatory, and hothouse, are included with the freehold; but the fixfures, usually described as tenant's fixtures, are to be paid for at a valuation-3,2001. By Messrs. RUSHWORTH and JARVIS, at Garraway's. A detached cottage, situate in Mozelle-terrace,Tottenham, and large walled garden in the rear; held for 96 years from Christmas 1823, at a rent of 81. per annum; the fixtures are included-265!. A house, situate No. 38, Allerton-street, Hoxton New Town, let at 16.; held for a term of 99 years from Lady-day 1809, at a rent of 31. 10s. per annum-150!. The absolute reversionary interest in one-seventh part of 2,2501. New Three-and-a-Quarter per Cents. late 1,050. New Three-and-a-Half per Cent. Annuities, and 1,2001. Reduced Three-and-a-Half per Cent. Annuities, receivable at the death of a lady in the 60th year of her age-951. By Messrs. SHUTTLEWORTH and SONS, at the Mart. The principal sum of 1,2001. secured with 51. per cent. interest by a mortgage for a term of 1,000 years in 45 acres of freehold land, and by a covenant to surrender 14 acres of copyhold of inheritance, situate at Needham, in the county of Norfolk, late the estate of Mr. Richard Chalker, now let together at a yearly rent of 901. subject to a prior mortgage for 1,000l. at 51. per cent. interest on the same estate, and to interest and charges in respect of the same mortgage, amounting together to about 100l. There is an arrear of interest amounting to upwards of 2007. on the same principal amounting, with expenses, to about 851. is now payable in sum of 1,2001, which will be sold with it. A fine on death, respect of the copyholds, which will be a further charge on the estate prior to the above second mortgage-8001. By Mr. FREDERICK CHINNOCK. A freehold house and shop, No. 24, Leadenhall-street, City, on lease at 1607. per annum-2.400!. held for 25 years from September last, at 391. per annum A house and shop, No. 83, Leadenhall-street, let at 1107.; -8907. ton, of the value of 451. per annum; a lease will be granted A cottage residence, situate in Mount Pleasant-lane, Clap for 574 years, at a ground-rent of 51. per annum-4001. A residence, No. 37, Green-street, Stepney, held for 631 years, at a yearly rental of 41. per annum-3407. per A house, No. 23, Jubilee-place, Mile-end, let at 221. annum; held for 631 years, at a ground-rent of 41. per annum; the land tax is redeemed-2301. five messuages in Boston-street, Hackney-road, for 49) An improved ground-rent of 221. 10s. secured upon twentyyears-2651. fourteen houses, Nos. 15 to 17, in Hunt-street, Brick-lane, An improved ground-rent of 241. per annum, secured upon and Nos. 1 to 11, in John's-court, Mile-end New Town; held for 61 years, from Lady-day 1811, at 201. per annum→ 240, 287. per annum; held for 70 years, at a ground-rent of 41. per A house and shop, No. 1, Salisbury-place, Stepney. let at annum-2701. A ditto, No. 2, held for 70 years, at a ground-rent of 31. 10s. per annum-1507. Two houses, Nos. 10 and 11, James-street, Stepney, let at 157. 128.; held for 61 years, at a ground-rent of 67. per annum-401. 'UBLIC AUCTION OF RAILWAY SHARES.-On By Messrs. HOGGART and NORTON, at the Mart. ednesday, the Messrs. Holland, of this town, inVery valuable freehold estates, situate in Ashby Puerorum, duced, for the first time in Leicester, the sale of about four miles from Horncastle, in a picturesque part of Iway and other shares, by public auction, at their a ring fence, bounded by good road, and in a high state of the county of Lincoln, comprising several farms lying within ms in Humberstone-gate. The novelty of the cultivation, containing altogether 929a. 2r. 14p. of arable, ng here attracted rather a numerous company, pasture, and a small proportion of wood land, with capital ough we cannot say that the bidding was spirited. farm-buildings; let at rents and of the value of 1,3317. 78. Ipable evidence in the sales effected was afforded Sold by direction of the trustees of the will of the late the great depression which has come over the share Stevens Dineley Totten, esq.-35,9007. An income of 1147. 5s. per annum, arising out of a publicarket in this town, as well as in all towns in the house, known as the Somers-town Coffeehouse, with dwel ngdom. We select the following lots, amongst ling-house and premises, situate No. 32, Chalton-street, mers, which the auctioneer submitted to competition: several houses and buildings in the rear, and 8 houses, Nos. Six Lots of the London and Manchester Direct 1 to 8, on the west side of the Grove, Somers-town, proLemington's), 27. 15s. paid up, were sold at prices premises, No. 31, Chalton-street, let at 351.; the whole of ducing a rent of 108!. 5s. per annum; also a house and rying from 298. to 35s.; Rugby, Warwick, and the above property, except part of No. 1, is held from Earl orcester, 21. 2s. paid up, sold for 11. 14s.; Warwick Somers, for 37 years, at a ground-rent of 291. per annum→ d Cheltenham, 27s. 6d. paid up, sold for 26s.; orth Staffordshire, 42s. paid up, fetched 30s. preum, and a second lot sold at 28s. premium; Welsh idland, 50s. paid up, sold for 30s.; London and anchester Direct (Rastrick's) 51. 5s. paid, sold for held for 40 years, at a ground-rent of 37. per annum-3607. A house, No. 75, Chalton-street, let at 381. per annum, . 10s.; two other lots, for 31. 7s. 6d.; Tean and Two houses, Nos. 5 and 6, Somers-town-terrace, producing ove Valley, 27s. 6d. paid, sold for 21s.'; Notting-together 601. per annum, held for 35 years, at a ground-rent am and Boston 27s. 6d. paid, fetched 20s.; and a of 107. 10s. per annum-4601. 1,4907. Two improved ground-rents, producing together 117. 10s. per annum, arising out of Nos. 1, 2, 3, Chapel-street, and No. 35, Chalton-street, held for 37 years-1607. By Messrs. SHUTTLEWORTH and SONS. Two houses, with shops, situate Nos. 7 and 8, Featherstone-street, City-road, let at 661. per annum; held for 213 11. 5s. 6d. ; sewers rate, 14. Os. 6d. ; net rental, 387, 146. per years, at a ground-rent of 351. per annum; land tax, -cond lot 28s. 6d.; London, Hounslow, and Western, Os. paid, sold for 27s., and a second lot for 268.; irect Birmingham and Leicester, 42s. paid, sold for 38.; Great Welsh Central, 42s. paid, sold for 195.; Ety 101. shares in the Leicester Gas Company, annum-150!. Lang, L. boarding-house keeper, assignees, sine die.Pyke, M. J. jeweller, last exam. Jan. 8.-Richardson and Co. bricklayers, div. next week. Friday, Nor. 28. Crane, J. maltster, assignees, Dec. 23.-Harman, J. veteweek. Groom, London.-Von Dadelszen, G. M. merchant, dealer,fassignees, Dec. 23.-Smirk, f. E. victualler, div. next rinary surgeon, assignees Jan. 10.-Purnell, B. vinegar last exam. passed.-Ward, W. farmer, assignees, Dec. 23. Saturday, Nov. 29. Oldham, J. silk warehouseman, fin. div. next week. Follett, London. DIVIDENDS. ham.-Bennett, J. cattle dealer, first, 8s. 6d. Valpy. Bir- ASSIGNMENTS Ed To Trustees for the benefit of Creditors. Gazette, Nov. 28. Green, J. milliner, Portsca, Oct. 3. Trust. A. Beldham, linen draper, Portsea. Sol. Marshall, Portsea. Gazette, Dec. 2. Chipp, E. and H. grocers, Eton, Bucks, Oct. 18. Trusts. H. Gold, grocer, Hibernia-wharf, Southwark, and I. Rogers, provision merchant, Grey Eagle-street, Spitalfields. Sol. Howard, Fenchurch-street.-Lacey, H. print seller, LiverWalbrook, and J. Reeves, water colour manufacturer, pool, Nov. 15. Trusts. W. F. Rock, wholesale stationer, Cheapside. Sol. Cole, Tokenhouse-yard.-Leggett, E. carpenter, Gislingham, Suffolk, Nov. 18. Trusts. W. W. Webb, surgeon, and H. Craske, grocer, Gislingham. Sol. Gudgeon, Stowmarket.-Lloyd, R. draper, Lisson-grove, Nov. 10. Trusts. H. Sturt, warehouseman, Wood-st. and J. Boyd, warehouseman, Friday-st, Sols. Sole and Turner, Aldermanbury.-York, J. mercer and draper, Helston, Cornwall, and J. Howell, warehouseman, St. Paul's-church-yard. Nov. 11. Trusts. W. Hitchcock, warehouseman Wood-st. Sols. Sole and Turner, Aldermanbury. |