Review. The Succession Duty Act, 1853, (16 & 17 Vict. c. 56); once, although for two years the unfortunate successor can derive no benefit from the property. The general scope of the act is explained in a few introductory pages, from which we take the following explanation of the machinery for raising the tax on real estate, in which the whole difficulty of the application of the succession duty to real estate lay-a difficulty which was not met at all by Mr. Brodie's probeen met quite so well as a Chancellor of the Excheposal, and which we think will not be found to have quer could wish by the present act :which does not readily admit of a partial conversion "There is an inherent difficulty in taxing property into money, and this difficulty is enhanced by the intricate limitations to which land is subjected in England, and the lengthened period during which it 'may be kept out of the market and occupied by per'sons taking only limited interests. THE proposal made by Mr. Brodie, about four years ago*, to extend the probate, administration, and legacy duties to real estate, and to successions under settlements, has been partially acted upon in a manner which betrays a consciousness of the injustice of the tax. It is surprising indeed that Mr. Brodie, whose views respecting the so-called "burthens on land" are much more just than any that are to be found in the works of professed economists, should have failed to perceive that his own principles emphatically condemn any interference with existing taxes on realised pro"The difficulty arising from the nature of land has perty, whether in the way of remission or in that of been overcome by the manner in which the tax is imimposition. Mr. Brodie proposed to substitute for the posed. For the purposes of taxation, a successor's probate and administration duties a uniform tax of 37.interest in real property is considered (sect. 21) as an per cent. on all successions under settlements, wills, and intestacies, (with a proper distinction between residuary and other claims), and for the legacy duty a tax on successions, varying, like the legacy duty, with the degree of relationship, but pressing more heavily than that on distant relations and strangers. The simplicity and uniformity of the proposed measure (to say nothingcumstances, be any necessity for a sale of any propor annuity equal in amount to the net produce of the during which he may be entitled to the receipt of the 'land enjoyed by him for his life, or for any less period rents and profits. The duty thus becomes a tax upon the rent, and not upon the corpus of the land; and as it is payable by four annual instalments, and not in one gross sum, there can never, under ordinary cir tion of the property in order to satisfy the demands of the Crown. It is true, that by this arrangement a 'tenant in fee and a tenant for life pay a tax of equal amount; and the act does not attempt to distinguish 'between them, except in the event of the tenant for of its probable productiveness) were attractive, but the country was not prepared either to commit so great an injustice, or to make so great a change, per saltum, and the extension of the probate duty to real estate is laid by in the state armoury for a future occasion. In the meantime, and as usual, no very flagrant or oppressive injustice has been committed-one of the many illustra-life dying before he has paid all his instalments, in tions which are continually occurring of the felicitous working of our apparently clumsy and crazy constitutional machine, however difficult it may be to demonstrate its excellencies on any known theory of political engineering. A new tax, whether cumulative or substitutionary, direct or indirect, but especially a direct tax,scriptions of real property. Advowsons are taxable 'which case all instalments not due at his death cease to be payable; while, in the case of a tenant in fee, the unpaid instalments continue to be a charge on the property, payable by the owner for the time being. Rules are given for estimating the value of various de only in the event of their being disposed of for money or money's worth; and personal property directed to be invested in real property, in which the successors take limited interests, is to be treated as real pro is almost always partial in its incidence, and so far a The confusion of estates for life with estates in fee, for the purposes of taxation, is a good example of the happy ease with which a Chancellor of the Exchequer Mr. Thring assisted Mr. Erle in preparing the Suc- can perpetrate the grossest absurdities. Very probably cession Duties Act, and his object in the book before Mr. Babbage, who considers that permanent and preus is stated to be the explanation of the act to the carious incomes ought to pay the same annual income general as well as to the legal reader. This has tax, is ready to demonstrate the soundness of treating been done extremely well, and without opening doubts life estates and estates in fee as equal "successions." upon the act, which was scarcely to be expected In the meantime, the provision seems to us to be open from a writer in his position. Mr. Thring has pro- from father to son, without diminution, during a sucto the following observations:-If an estate devolves duced a very plain and satisfactory guide in the application of the act to all ordinary cases. The act itself cession of generations, and each successor pays on the is remarkably short, and free from complication; but value of his life interest, it is not material for the though, no doubt, its apparent simplicity has been the purposes of taxation whether the devolution is under result of much anxious consideration, we are not free limitations of successive life estates or by the repeated from misgivings that some serious difficulties will be descent of the fee. In either case the property remains experienced in its operation. The omission of any in the family, and pays the same amount. But if A. provision for defining the payment of the duty on copy-devises his land to B., a stranger, for life, with remainholds subject to arbitrary fines is, we believe, rather to be charged on the Legislature as an error of judgment than as an oversight. Its injustice is apparent. In calculating the value of the succession, the amount of the fine (two years' full value) is to be allowed for; but the payment of the eight half-yearly instalments of the succession duty is nevertheless to commence at "Tax on Successions and Burdens on Land, &c. By P. B. Brodie, Esq." Longmans, 1850. der to another person not related to B., B. takes under that gift a very different succession from that which he would take under a devise of the fee. True it is, that if he took the fee, and it descended to his posterity, the tax would be paid by his family; but still, with a view to any test of the value of the gift to him, or of his means to pay the tax, the value of the fee, after allowing for the value of a perpetual annuity of 1. per cent., ought to be taken into account. Again: if a gift in fee by A. to B., a stranger, is to be regarded Mr. Thring's annotations to the sections of the act will be found very useful to the general reader. They consist principally of examples illustrating the application of the enactments. PUBLIC EXAMINATION OF STUDENTS. Inus of Court, held in Lincoln's Inn Hall, on the 11th, Jasper Kenrick Peck, Esq., student of Lincoln's Inn, a studentship of 50 guineas per annum, to continue for a period of three years. Walter Robinson, Esq., student of the Inner Temple, a certificate of honour, as having passed the second best examination. Charles Piffard, Esq., student of Lincoln's Inn, Henry Rowcliffe, Esq., student of the Inner Temple, and J. George Norton Darby, Esq., student of Lincoln's Inn, certificates that they have satisfactorily passed a public examination. COMMISSIONERS TO ADMINISTER OATHS IN CHANCERY. The Lord Chancellor, under the powers of the 16 & 17 Vict. c. 78, intituled "An Act relating to the Appointment of Persons to administer Oaths in Chancery, and to Affidavits made for Purposes connected with Registration," has appointed the following gentlemen to be Commissioners for administering Oaths in Chancery: Thomas Kennedy, 26, Chancery-lane, to be a London Henry Hughes, Maidstone, Kent, to be a Commissioner as a gift of successive life estates to B. and his posterity, the succession duty to be paid by B.'s issue should be at the rate of 10l. per cent., and not of 17. per cent. On the other hand, if B., the devisee in fee, instead of confining his expenditure to the annual income of the estate, should sell it, and consume the capital during his life, he would have acquired and consumed a succession of far greater value than a life estate on which only he would have paid duty. The absurdity is further developed by the 31st section, which provides that personal property subject to a trust for investment in the purchase of real estate, to which the successor would be absolutely entitled, shall be charged as personal property, (i. e. on the capital sum); but personal property subject to a trust for investment in the purchase of real estate, to which the purchaser would not be absolutely entitled, shall be chargeable as real property, (i. e. on a life interest). The application of this clause will give rise to many questions; but we will assume that the status of the property at the time when the succession falls into possession is to determine the mode of charge, and that the interest of a tenant in tail is not to be regarded as an absolute interest. Then, in the case of an absolute gift, the rate of duty will depend upon the mere accident, whether at the time the succession falls the money has been actually invested in the purchase of real estate or not; and in the case of a trust for the purchase of lands to be settled in tail, the mere necessity of the idle ceremony of an inrolled assignment is to determine the lower rate of duty. Again: under the 21st section a tenant in fee pays the whole duty, although he should die before the first instalment becomes due; but a tenant in tail who sells and conveys the estate away by a disentailing assurance, and dies before the first instalment becomes due, pays nothing. (Sect. 21, upon which the question arises, whether the words " a successor who shall have been competent to dispose by will of a continuing interest in such property" include a tenant in tail who has acquired the fee by a disentailing assurance). We do not pretend that similar anomalies could be wholly avoided by any adjustments, but that only shews the inherent absur- Joseph Noakes Mourilyan, Sandwich, Kent, to be a dity of a succession duty. This want of principle in Commissioner in England. the tax and in the act removes the sting from the extraordinary provision in the 8th section, that "when 'any Court of competent jurisdiction shall declare any 'succession to have been fraudulent, and made for the purpose of evading the duty imposed by this act, it 'shall be lawful for such Court to declare a succession 'to have been conferred on such person, at such time, ' and to such an extent as such Court shall think just; and such last-mentioned person shall be deemed to have taken a succession accordingly, derived from the 'person making such disposition as predecessor." We confidently anticipate that the Courts will apply the act and decide questions of evasion precisely as if this confession of incompetency had not been inserted in it. The least to be expected from the tax layer is, that he will express his mind to his own satisfaction. In fact, the framers of the act have ingeniously anticipated several modes of evasion, and met them by appropriate enactments; but we suspect that some evasive contrivances still remain unforbidden. Thus, the first branch of the 8th section directs, that when any disposition of property shall be made to take effect at a period ascertainable only by reference to the date of the death of any person, such disposition shall be deemed to confer a succession. This does not apply in terms, and cannot by construction be extended, to a disposition in favour of A., so long as he shall in person perform some service or ceremony; and upon A.'s default, to B. Again: to reduce the duty on a personal fund to the duty charged on real estate, it will only be necessary to direct a conversion into realty, to be limited to the donee in tail. George Mounsey Gray, 9, Staple-inn, to be a London William Lewis, 6, Raymond-buildings, Gray's-inn, to Edward Chester, 11, Staple-inn, to be a London Com- William Weld Wren, 32, Fenchurch-street, to be a Robert Wren, 32, Fenchurch-street, to be a London Edward Dyne, 61, Lincoln's-inn-fields, to be a London Thomas Dodd Keighley, 73, Basinghall-street, to be a London Gazettes. FRIDAY, JANuary 13. FREDERICK MAYSTON, Great Yarmouth, Norfolk, FREDERICK MILLER, Newport, Essex, corn merchant, Jan. 26 at half-past 1, and Feb. 23 at 2, Court of Bankruptcy, London: Off. Ass. Bell; Sols. Drake, East Dereham; Nichols & Doyle, 2, Verulam-buildings.-Petition filed Jan. 10. FREDERICK CHATER, Wolverhampton, Staffordshire, chemist and druggist, Jan. 26 and Feb. 16 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sols. Thorne, Wolverhampton; Motteram & Knight, Bir mingham.-Petition dated Jan. 3. THOMAS CURTIS BIRD, Lee, Kent, baker, dealer and Manning, and John_Lavicount Anderdon, New Bank-build- JOHN CLEGG, Liverpool, licensed victualler, Jan. 23 at JAMES FIELDING, Glossop, Derbyshire, cotton spinner, dealer and chapman, Feb. 2 and 23 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Pott; Sols. Hewitt & Needham, Manchester.-Petition filed Jan. 3. MEETINGS. To be granted, unless an Appeal be duly entered. Walter Cobbett, Sunbury, Middlesex, plumber.-Lionel Goldsmith, Queen-street, Cheapside, London, merchant.— Francis W. South, Maidstone, Kent, beerseller.-Alexander Forfar, Dunstable, Bedfordshire, straw-bonnet manufacturer. Benjamin Bell, Newcastle-upon-Tyne, coal merchant.Joseph F. Mason, Dover, Kent, draper.-Christopher Thos. Pott, Sunderland, Durham, shipowner.-Wm. Ridge, Exeter, tailor.-John Hammond Bell, Deansgate, Manchester, hosier. John Nield, Lees, near Oldham, Lancashire, woollen manufacturer.-Chas. G. Cresswell, Kidderminster, Worcestershire, chemist.-Wm. Bradford, Leigh, Worcestershire, butcher. PARTNERSHIPS DISSOLVED. Robert F. Cooper, Three Colt-st., Limehouse, Middlesex, Richard Lancaster Swallow, Park-terrace, Battersea-fields, oilman, Jan. 31 at half-past 1, Court of Bankruptcy, London, Surrey, out of business, Feb. 7 at 12, Court of Bankruptcy, last ex.-Henry Kirk, Portland-terrace, St. John's Wood, London.-Frederick Francis Fox, Cornhill, London, tailor, Middlesex, hay dealer, Jan. 24 at half-past 11, Court of Feb. 3 at 12, Court of Bankruptcy, London.-John Ready, Bankruptcy, London, last ex.- -Charles C. Hamilton, Little Holywell-st., Shoreditch, Middlesex, oilman, Feb. 3 at 11, Queen-street, Lincoln's-inn-fields, Middlesex, ironmonger, Court of Bankruptcy, London.-Ephraim Levy Green, Bevis Jan. 25 at 1, Court of Bankruptcy, London, last ex.-James Marks, London, wholesale clothier, Feb. 3 at half-past 1, - Robert Jeffery, Upper A. Howard and Jonathan Howard, Hollinwood, Lancashire, Court of Bankruptcy, London. joiners, Jan. 30 at 12, District Court of Bankruptcy, Man- North-place, Gray's-inn-road, Middlesex, coachmaker, Feb. chester, last ex.-Edwin Dennis, Rickmansworth, Hertford-7 at half-past 11, Court of Bankruptcy, London. --James shire, licensed brewer, Feb. 1 at 12, Court of Bankruptcy, Bohn, St. James-street, Middlesex, bookseller, Feb. 8 at 12, London, aud. ac.-Thomas Davies, Rosemary-lane, Middlesex, Court of Bankruptcy, London.-John Roberts, Tividale Wire cowkeeper, Feb. 1 at 12, Court of Bankruptcy, London, aud. Works, near Dudley, Worcestershire, wire drawer, Feb. 6 at ac.-J. Ready, Holywell-st., Shoreditch, Middlesex, oilman, 10, District Court of Bankruptcy, Birmingham.-Robt. Jones Jan. 26 at 11, Court of Bankruptcy, London, aud. ac.; Feb. 3 at Williams, Birmingham, linendraper, Feb. 8 at 11, District 11, div.-Charles J. Webb, Leadenhall-street, London, silverCourt of Bankruptcy, Birmingham.-Isaac Shaw, Macclessmith, Jan. 24 at 2, Court of Bankruptcy, London, last ex.field, Cheshire, joiner, Feb. 8 at 12, District Court of BankJames Holbeck, Marylebone-street, Golden-square, Middlesex, ruptcy, Manchester. gold laceman, Jan. 25 at 11, Court of Bankruptcy, London, aud. ac.-Samuel J. Lucas, Hingham, Norfolk, grocer, Jan. 25 at 11, Court of Bankruptcy, London, aud. ac.-Arthur R. Homersham, Russell-street, Bermondsey, Surrey, woolstapler, Jan. 25 at 11, Court of Bankruptcy, London, aud. ac.-Charles Geal, East-row, Kensal New-town, Middlesex, grocer, Jan. 27 at 11, Court of Bankruptcy, London, aud. ac. -E. M'Crow, James-st., Featherstone-st., City-road, Middlesex, linendraper, Feb. 2 at 2, Court of Bankruptcy, London, aud. ac.-George Winter and James Winter, Hastings, Sussex, builders, Feb. 2 at 12, Court of Bankruptcy, London, aud. ac.-Peter Bury, Manchester, calico printer, Jan. 25 at 12, District Court of Bankruptcy, Manchester, aud. ac.—George Pryde, David Jones, and John Gibb, Liverpool, sail makers, Jan. 24 at 11, District Court of Bankruptcy, Liverpool, aud. ac.-Wm. Rainford, Liverpool, upholsterer, Jan. 23 at 11, District Court of Bankruptcy, Liverpool, aud. ac.-J. Stock the elder and Wm. Stock, Ashton in Mackerfield, Lancashire, coal proprietors, Jan. 23 at 11, District Court of Bankruptcy, Liverpool, aud. ac.-Charles Moss Salmon, Birmingham, general dealer, Feb. 6 at 10, District Court of Bankruptcy, Birmingham, aud. ac.-Chas. Gardner Cresswell, Kidderminster, Worcestershire, chemist, Feb. 15 at 11, District Court of Bankruptcy, Birmingham, aud. ac. and div. - Job Broadhurst, Longton, Stoke-upon-Trent, Staffordshire, earthenware manufacturer, Feb. 15 at 11, District Court of Bankruptcy, Birmingham, aud. ac.-Wm. Watson, Audley, Staffordshire, saddler, Feb. 15 at 11, District Court of Bankruptcy, Birmingham, aud. ac.; Feb. 22 at 11, fin. div.- Thos. Cullingworth, Woolley Mills, near Wakefield, Yorkshire, corn miller, Jan. 24 at 11, District Court of Bankruptcy, Leeds, aud. ac. -Jas. Bairstow, Ovenden, Halifax, Yorkshire, worsted stuff manufacturer, Jan. 26 at 11, District Court of Bankruptcy, Leeds, aud. ac.-Stephen Gilbert Fryman, Rye, Sussex, wine merchant, Feb. 7 at 11, Court of Bankruptcy, London, fin. div.-Wm. Henry Dee, Cambridge, plumber, Feb. 7 at 1, Court of Bankruptcy, London, div.-Robert Jeffery, Upper North-place, Gray's-inn-road, Middlesex, coachmaker, Feb. 7 at half-past 11, Court of Bankruptcy, London, div.-Charles Ollivier, New Bond-street, Middlesex, music seller, Feb. 4 at 11, Court of Bankruptcy, London, div.-Wm. Manning, F. Geo. Henry Stares and Benjamin Bradley Hewitt, Bishop's Waltham, Southampton, attornies and solicitors.-Jas. Illingworth Hindmarsh and Worthington Evans, Crescent, Jewinstreet, Cripplegate, London, attornies and solicitors. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. James Skillicorn, Liverpool, baker, Jan. 23 at 10, County Court of Lancashire, at Liverpool.-Wm. Allen, Everton, near Liverpool, relieving officer of the West Derby Union, Jan. 23 at 10, County Court of Lancashire, at Liverpool.Charles Wade, Willsbridge, Bitton, Gloucestershire, miller, Jan. 18 at 11, County Court of Gloucestershire, at Bristol.Isaac Gartside, Dobcross, Saddleworth, Yorkshire, grocer, Jan. 28 at 11, County Court of Yorkshire, at Saddleworth.John White, Heneage, Dudley, Worcestershire, carpenter, Jan. 31 at 9, County Court of Worcestershire, at Dudley.Thomas Dudley, Dudley, Worcestershire, out of business, Jan. 31 at 9, County Court of Worcestershire, at Dudley.Mary Hill, Tipton, Staffordshire, out of business, Jan. 31 at 9, County Court of Worcestershire, at Dudley.-Solomon Hale, Netherton, near Dudley, Worcestershire, miner, Jan. 31 at 9, County Court of Worcestershire, at Dudley.-Wm. Brame, East Harling, Norfolk, butcher, Jan. 31 at 10, County Court of Norfolk, at Attleborough.-John Baxter, Monkwearmouth Shore, Durham, upholsterer, Jan. 25 at 10, County Court of Durham, at Sunderland.-Wm. Borlase Stevens, The following Persons, who, on their several Petitions filed in Jan. 27 at 10, before the CHIEF COMMISSIONER. Jan. 28 at 11, before Mr. Commissioner PHILLIPS. Jan. 30 at 11, before Mr. Commissioner PHILLIPS. The following Prisoners are ordered to be brought up before Jan. 27 at 11, before Mr. Commissioner MURPHY. Jan. 28 at 11, before Mr. Commissioner PHILLIPS. The following Prisoners are ordered to be brought up before TUESDAY, JANUARY 17. BANKRUPTS. HENRY GREEN, Stoke-by-Nayland, Suffolk, baker. JAMES LEWIS LANE, Norwood Brewery, Norwood, HENRY GRIFFITHS, Birmingham, tailor and clothier, EDWARD ROSE, Nottingham and Sneinton, Nottingham- CORNELIUS BOWE PALMER, Newport, Monmouth- At the County Court of Carmarthenshire, at CARMARTHEN, WILLIAM BRUNTON, Bradford, Yorkshire, joiner and John Cure, Glangwilly, Llanllawddog, gardener. At the County Court of Cambridgeshire, at CAMBRIDGE, James Stearn, Cambridge, tailor. At the County Court of Yorkshire, at YORK CASTLE, Jan. 30 A. Levick, Sheffield, ivory cutter.-John Broadbelt, Head- builder, Feb. 3 and 24 at 11, District Court of Bankruptcy, JAMES FRAME, Liverpool, stationer. dealer and chapman, MACKINSEY BOWELL, Manchester, publican, dealer MEETINGS. Wm. Threlfall, Addingham, Yorkshire, cotton spinner, ac.- -Charles Smith, Victoria-road, Kentish-town, Middlesex. Bristol, aud. ac.; Feb. 9 at 11, div.-John Robson, Durham, At the County Court of Lincolnshire, at LINCOLN, Feb. 7 miller, Feb. 9 at 11, District Court of Bankruptcy, Newcastle- at 12. Wm. Mitton, Lincoln, wire worker. MEETING. Roger Marsh, Preston, Lancashire, licensed victualler, Jan. upon-Tyne, aud. ac.; Feb. 10 at 11, div.-A. Watson, G. -- Manchester and Salford, common brewer, Feb. 7 at 12, Court CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or John Hunter, Hove, Sussex, cowkeeper, Feb. 9 at half-past To be granted, unless an Appeal be duly entered. The following Persons, who, on their several Petitions filed in Feb. 1 at 10, before the CHIEF COMMISSIONer. Feb. 1 at 10, before Mr. Commissioner MURPHY. Saturday, Jan. 14. Assignees have been appointed in the following Cases. Fur- Robert Boswell Reed, Heywood, near Bury, Lancashire, Saturday, Jan. 14. Orders have been made, vesting in the Provisional Assignée Thomas Rose, Staple-inn, Holborn, Middlesex, porter to George Wright Gravener and Wm. S. Shoobridge, Dover, London and Middlesex.-Ebenezer Hartnall, Carpenter's- SCOTCH SEQUESTRATIONS. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, Process. William Evans, Birmingham, carpenter, Feb. 11 at 10, | buildings, London-wall, London, commission agent: in the |