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ROWLAND HILL, Nottingham, lace merchant, Feb. 24 and March 17 at 10, District Court of Bankruptcy, Nottingham: Off. Ass. Harris; Sol. Shilton, Nottingham.Petition dated Feb. 19.

MEETINGS.

-Benjamin Nunnington Dodd, Hetton-le-Hole, Durham,
grocer, March 10 at 12, District Court of Bankruptcy, New-
castle-upon-Tyne.-Henry Reading, Birmingham, draper,
March 8 at 12, District Court of Bankruptcy, Birmingham.-
Thomas Minnitt, Mansfield, Nottinghamshire, seed merchant,
March 17 at 10, District Court of Bankruptcy, Nottingham.
To be granted, unless an Appeal be duly entered.
William Fox, Westow-hill, Norwood, Croydon, Surrey,
victualler.-Richard Westbrook, Laurie-terrace, New-cross,
Deptford, Kent, hay dealer.-Richard Bell, Longton, Staf-
fordshire, auctioneer.-Robert Jones Williams, Birmingham,
linendraper.- Wm. Thomas the younger, Haworth, Yorkshire,
worsted spinner.
SCOTCH SEQUESTRATIONS.

John Longwill, Glasgow, innkeeper. - Thos. Knox, deceased,
Foulden Bastile, Berwickshire, shoemaker.

INSOLVENT DEBTORS
Who have filed their Petitions in the Court of Bankruptcy,
and have obtained an Interim Order for Protection from
Process.

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Edward Blakely, Conduit-street, Regent-street, Westminster, and Norwich, linendraper, Feb. 24 at 11, Court of Bankruptcy, London, pr. d.-William Howlett, Hove, near Brighton, Sussex, builder, Feb. 25 at half-past 12, Court of Bankruptcy, London, last ex.-James Richardson, John S. Wicks, and Henry Smith, Upper Queen's-buildings, Brompton, Middlesex, upholsterers, Feb. 28 at half-past 11, Court of Bankruptcy, London, last ex.-Robert S. Parry, Leadenball-street, London, bookseller, March 1 at 12, Court of Bankruptcy, London, last ex.-Claudius Alfred Scrivener, Old 'Change, London, milliner, March 1 at 12, Court of Bankruptcy, London, aud. ac.; at 1, last ex.-Wm. Cobb, Maidstone, Kent, builder, Feb. 28 at 11, Court of Bankruptcy, London, last ex.- Richard Brownlow, Ardwick, Manchester, gum manufacturer, Feb. 24 at 12, District Court of Bankruptcy, Manchester, last ex.-T. Linnell, Gresham-st., London, commission agent, Feb. 25 at 1, Court of Bankruptcy, Henry Francis M'Donald, Liverpool, hatter, Feb. 20 at 10, London, aud. ac.-D. Jenkins, Mile-end-road, Middlesex, County Court of Lancashire, at Liverpool.-Henry J. Locklicensed victualler, March 1 at 1, Court of Bankruptcy, Lon- wood, Bury St. Edmund's, Suffolk, baker, Feb. 20 at 10, don, aud. ac.; March 8 at 1, div.-J. R. Vivian, Cheapside, County Court of Suffolk, at Bury St. Edmund's.-J. Pettit, London, dealer in mining shares, and Stonehouse, Devonshire, Wingham, Kent, butcher, Feb. 20 at 12, County Court of coal merchant, March 1 at 12, Court of Bankruptcy, London, Kent, at Sandwich.-Joseph Mills, Plymouth, Devonshire, aud. ac.-Hugh Williams the elder and John Williams, West carter, March 30 at 11, County Court of Devonshire, at East Smithfield, London, tailors, Feb. 25 at 12, Court of BankStonehouse. John Pugh, Walsall, Staffordshire, cabinet ruptcy, London, aud. ac.-Wm. Andrew, High-st., Shadwell, maker, Feb. 27 at 10, County Court of Staffordshire, at Middlesex, baker, Feb. 25 at 12, Court of Bankruptcy, LonWalsall.-William Wannop, Scotby, Wetheral, Cumberland, don, aud. ac.-Richard Tredinnick, Haymarket, Middlesex, tanner, March 16 at 10, County Court of Cumberland, at mining broker, Feb. 25 at 12, Court of Bankruptcy, London, Penrith.-Thos. Lowe, Queen's-terrace, Queen's-road, Baysaud. ac.-Elizabeth Morris, Gloucester, grocer, March 2 at water, Middlesex, schoolmaster, March 2 at 10, County Court 11, District Court of Bankruptcy, Bristol, aud. ac.-John of Lincolnshire, at Lincoln.-Wm. Lister Steele, Kildwick, Botcherby, Darlington, Durham, coal owner, March 8 at 1, Yorkshire, stonemason, Feb. 24 at 10, County Court of YorkDistrict Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. shire, at Skipton.-John Davies, Cacca Dutton, Holt, Den-Henry Reading, Birmingham, draper, March 15 at 12, bighshire, farmer, Feb. 28 at 10, County Court of DenbighDistrict Court of Bankruptcy, Birmingham, aud. ac.; March shire, at Wrexham.-William Ogden, Salford, Lancashire, 22 at 12, fin. div.-Robert J. Williams, Birmingham, linen-packer in a warehouse, March 16 at 10, County Court of Landraper, March 15 at 12, District Court of Bankruptcy, Birmingham, aud. ac.; March 22 at 12, div.-John B. Nicklin, Wolverhampton, Staffordshire, ironmonger, March 15 at 12, District Court of Bankruptcy, Birmingham, aud. ac.; March 22 at 11, div.—Thomas Browne, Amble House, Northumberland, shipowner, March 8 at 12, District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. John Rampoldi, Newcastle-upon-Tyne, toyman, March 8 at half-past 1, District Court of Bankruptcy, Newcastle-upon-Tyne, aud ac.— Benjamin N. Dodd, Hetton-le-Hole, Durham, grocer, March 10 at 12, District Court of Bankruptcy, Newcastle-uponTyne, aud. ac.-Joseph Cundall, Old Bond-street, Middlesex, publisher, March 8 at 1, Court of Bankruptcy, London, div. -John Boyd and James Boyd, Wellington chambers, Southwark, Surrey, hop merchants, March 9 at 2, Court of Bankruptcy, London, div. - Christian King, New Bond-street, Middlesex, revalenta arabica importer, March 16 at 11, Court of Bankruptcy, London, div.-Thomas Minnitt, Mansfield, Nottinghamshire, seed merchant, March 17 at 10, District Court of Bankruptcy, Nottingham, aud. ac. and div.-D. Bradbury, Derby, builder, March 17 at 10, District Court of Bankruptcy, Nottingham, aud. ac. and div.-Robert James, Lenton, Nottinghamshire, lace maker, March 24 at 10, District Court of Bankruptcy, Nottingham, div.-J. Fiddaman, Newark-upon-Trent, Nottinghamshire, currier, March 24 at 10, District Court of Bankruptcy, Nottingham, fin. div. Matthew Sibson, Grove, near Wrexham, Denbighshire, cattle dealer, March 9 at 11, District Court of Bankruptcy, Liverpool, div.-John Lilley and Alfred Ashmall, Liverpool, merchants, March 9 at 11, District Court of Bankruptcy, Liverpool, div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting.

cashire, at Salford.-Ann Milner, Manchester, provision-shop
keeper, March 6 at 12, County Court of Lancashire, at Man-
chester.—John Shaw Barnes, Manchester, lime dealer, March
6 at 12, County Court of Lancashire, at Manchester.
The following Persons, who, on their several Petitions filed in
the Court, have obtained Interim Orders for Protection
from Process, are required to appear in Court as herein-
after mentioned, at the Court-house, in Portugal-street,
Lincoln's Inn, as follows, to be examined and dealt with
according to the Statute: -

March 1 at 10, before Mr. Commissioner MURPHY.
John Heylen, Stamford Brook Cottage, New-road, Ham-
mersmith, Middlesex, milkman.-Reyneir Randle, Ward-st.,
Lambeth, Surrey, machinist.-James Cracknell, Leonard-st.,
Curtain-road, Shoreditch, Middlesex, carman.

Saturday, Feb. 11.

Assignees have been appointed in the following Cases. Further particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

William Harbour, Diss, Norfolk, grocer, No. 77,510 C.; Manning Prentice, assignee.-Charles Hooper Cope, Hulme, Manchester, accountant, No. 77,548 C.; Emanuel Hird, assignee.-Thomas Searle, Torpoint, Cornwall, shipwright, No. 77,263 C.; Horatio Pickard, assignee.-George Parker, Cambridge-street, Pimlico, Middlesex, in no business, No. 63,908 T.; Thomas Sharpus and John Bremner, assignees.James Terry, Fox-place, Sandy-hill, Plumstead, Kent, baker, No. 64,137 T.; Frank Clark Hills, assignee.

Saturday, Feb. 11.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons:—
(On their own Petitions).

Caleb Ambrose, Sheerness, Kent, ironmonger, March 8 at Frances Stocker, widow, Bentinck-st., Manchester-square, half-past 1, Court of Bankruptcy, London.-Wm. Hinde, Middlesex in the Debtors Prison for London and Middlesex. Bedford, plumber, March 8 at half-past 12, Court of Bank--Robert John Benjamin Chambers, Cecil-st., Strand, Midruptcy, London.-Jacob Wright, Holywell-street, Shoreditch, Middlesex, licensed victualler, March 16 at 1, Court of Bankruptcy, London.-Henry Dawber, Lincoln, butcher, March 22 at 12, District Court of Bankruptcy, Kingston-upon-Hull.

dlesex, navy surgeon on half-pay: in the Debtors Prison for
London and Middlesex.-Geo. Harrison, Drummond-street,
Euston-square, Middlesex, letter carrier: in the Debtors
Prison for London and Middlesex.—Robert Rigg, Great Suf-

On the 22nd February will be published, price 15s.,

A SYNOPSIS of the LAW relating to INDICTABLE

OFFENCES: in which the Crimes in alphabetical order, the servations, embracing a condensed Digest of Cases, are tabularly ar respective Punishments, the necessary Evidence, together with Obranged; and comprising also References to Precedents of Indictments for each Offence, and to the Text writers on Criminal Pleading and jesty's Courts at Adelaide, South Australia. The Second Edition. Evidence. By B. BOOTHBY, Esq., now Puisne Judge of her MaIncluding the recent Alterations in the Practice in Criminal Proceedings and Punishments. By LEOFRIC TEMPLE, Esq., of Lincoln's-inn, London: W. Maxwell, 32, Bell-yard, Lincoln's-inn. THE QUEEN'S BENCH REPORTS, MICHAELMAS TERM LAST. This day is published, Vol. 2. Part 3, price 12s. 6d.,

Barrister at Law.

folk-street, Southwark, Surrey, linendraper: in the Queen's
Prison. — John Joseph Hedley, Henry-street. Commercial-
road East, Middlesex, patent windlass manufacturer: in the
Debtors Prison for London and Middlesex.-Henry Crux,
Farringdon-st., London, miller: in the Debtors Prison for
London and Middlesex.-R. Steers, Alpha-place, Old Kent-
road, Surrey, out of employ: in the Debtors Prison for
London and Middlesex.-James Gregg, Ealing, Middlesex,
inspector of weights and measures: in the Debtors Prison for
London and Middlesex.-John Clarke Calling, Marlborough-
terrace, Queen's-road, Dalston, Middlesex, surveyor in the
Debtors Prison for London and Middlesex.-Thos. Salmon,
Sussex-road, Brixton, Surrey, cab driver: in the Gaol of
Surrey.-Geo. Smith, Fitzroy-st., Fitzroy-square, Middlesex,
painter: in the Debtors Prison for London and Middlesex.
Geo. Fortescue Ogle, Spring-street, Paddington, Middlesex,
bachelor of medicine: in the Queen's Prison.-Alexander
Maugham, Bridge-road, Battersea, Surrey, beer-shop keeper:
in the Gaol of Surrey.-Alice Clark, Manchester, out of busi-
ness: in the Gaol of Lancaster.-Thos. Midgley, Thornton,
near Bradford, Yorkshire, woolcomber: in the Gaol of York.
-Thos. Pinder Cliff, Lowgate, Kingston-upon-Hull, extra
weigher in her Majesty's Customs: in the Gaol of Kingston-rance, Agency, Suretyship, Partnership, Joint-stock Companies, &c.
upon-Hull.-Thomas Blunn, Clifford-chambers, Gloucester-
shire, saddler: in the Gaol of Gloucester.-A. R. R. Preston,

THE QUEEN'S BENCH REPORTS of MICHAEL-
MAS TERM LAST. By T. F. ELLIS and COLIN BLACK.
BURN, Esqrs. The Reports are in continuation of Adolphus & Ellis's
New Series, and will in future be published shortly after each Term.
S. Sweet, 1, Chancery lane.

Now ready, in 2 vols. royal 8vo., price 38s., the Third Edition of

THE LAW of CONTRACTS. By C. G. ADDISON,
Selling, Letting and Hiring, Borrowing and Lending, Mortgage and
Esq., Barrister at Law. Comprising Contracts of Buying and
Pledge, Work and Services, Charterparties, Bills of Lading, Bills of
Exchange, Promissory Notes, Bailments, Maritime Fire and Life Insu-
London: Stevens & Norton, Law Booksellers, Bell-yard, Lincoln's-inn.
Just published, price 10s. in boards,

Price 2s. 6d.,

THE JUDGMENT of the COURT of QUEEN'S
BENCH (literal and entire from the Short-hand Writer's Notes)
upon the Application of Mr. W. H. BARBER for his ATTORNEY'S
CERTIFICATE. With New Evidence and Remarks.

Lewes, Sussex, assistant surgeon in the Royal Navy: in the KERR'S ACTION AT LAW; comprising an Outline of Gaol of Lewes.-T. Smith, Hove, Sussex, greengrocer in the the Jurisdiction of the Superior Courts of Common Law, with an Elementary View of the Proceedings in Personal Actions and in Gaol of Lewes.-James Lloyd, Grafton St. Martin, HereEjectment. fordshire, innkeeper: in the Gaol of Hereford.-J. Browne "We recommend every member of both branches of the Profession to Smith, Stoke-upon-Trent, Staffordshire, attorney: in the buy Mr. Kerr's very able and useful book, for we can scarcely conceive Gaol of Stafford.-Ambrose Clarke, Mickle Trafford, Che- any one who will not be instructed or aided by its perusal."-Law Magazine. shire, in no business in the Gaol of Chester.-Edw. South, London: William Henry Bond, S, Bell-yard; Wildy & Sons, Lincoln'sYork, out of business: in the Gaol of York.—Joshua Small-inn-archway; and William Amer, 19, Bell-yard, Law Bookseller. man, Salford, Lancashire, hat manufacturer: in the Gaol of Lancaster.-John Neill, West Houghton, near Bolton-leMoors, Lancashire, joiner: in the Gaol of Lancaster. Wm. Cawsey, Sidmouth, Devonshire, artist: in the Gaol of St. Thomas-the-Apostle.-Anthony Thomas Blest, King-street, Woolwich, Kent, out of business: in the Gaol of Maidstone. -Jas. Diggles, Great Horton, near Bradford, Yorkshire, out of business in the Gaol of York.- William Burson, jun., Grove, near Wantage, Berkshire, baker: in the Gaol of Reading.-Thomas Peach, Castle Donington, Leicestershire, bricklayer's labourer in the Gaol of Leicester.-James Durose, Bromshall, near Uttoxeter, Staffordshire, shoemaker: in the Gaol of Lancaster.-Thos. Capas, Birmingham, builder: in the Gaol of Coventry.-John Manning, Birmingham, tailor: in the Gaol of Warwick.-John Dallow, Wolverhampton,

:

"We are unacquainted with Mr. Barber's plans, but it is impossible to deny that he has made out a case for a rehearing on the question of his certificate."-Law Magazine, Feb. 1854.

London: Crockford, Essex-street, Strand. Liverpool: Rockliff & Sons.
SHERIFFS'

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The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute:

Feb. 28 at 10, before Mr. Commissioner MURPHY. James Hamilton Browne the elder, Royal Avenue-terrace, Chelsea, Middlesex, selling wine on commission.

March 1 at 10, before the CHIEF COMMISSIONER. Thos. Heatherley the younger, Guildford-place, Exmouthstreet, Clerkenwell, Middlesex, artist.

March 2 at 11, before Mr. Commissioner PHILLIPS. James Johnson, River-terrace, York-buildings, King's. cross, Middlesex, out of business.

Warrants,
Precepts,

Bonds,

Bill of Sale,

FORMS

Bailiff's Summons,
Index of Writs,
Rule Book,

O F

Deputation to grant Replevin, Daily Returns of London Agent, and all other Forms required by Sheriffs, their Deputies and Agents. London: James Sullivan, 22. Chancery-lane.

212° SAFES.-MILNERS' HOLDFASTS, fire-resisting

by means of the only perfect non-conductor, vaporisation, are the strongest, best, and cheapest, because the only effectual safeguards against fire, robbery, or violence, for ledgers, deeds, cash, or valuables. Lord Chief Justice Campbell, in summing up on the late trials for infringement of Milners' Safes, was pleased to observe:-" He must say he had been astonished to find such strong evidence of their usefulness; up to this hour he had no idea that there were any human means of so effectually preserving papers from the action of fire. It was a comfort for one to know that there was such an invention, by which valuable documents might be rendered secure, notwithstanding the calamity of fire." As to whether it is useful, it appears to be allowed on all hands; it seems to be a most marvellous preservative against fire, for the water remains permanently held in artificial or natural vessels; and the very calamity brings the cure, for the heat releases the water or moisture, and then it is turned into steam, and the steam moistens the substance that is to be preserved, and so it is an effectual guard against fire. Milners' Phoenix Safe Works, Liverpool. London Depot, 47 A, Moorgate-street, City, London.

The following Prisoner is ordered to be brought up before
a Judge of the County Court, to be examined and dealt LAW
with according to the Statute :-

At the County Court of Cheshire, at CHESTER, Feb. 28. Thomas Hitchmough, Top Locks, Runcorn, general commission agent.

MEETINGS.

John Harper, Redmarley D'Abitot, Worcestershire, yeoman, Feb. 28 at 11, Court-house, Portugal-st., Lincoln's-innfields, London, pr. d.-John Kindred, Framlingham, Suffolk, miller, Feb. 28 at 12, Court-house, Portugal-st., Lincoln'sinn-fields, London, sp. aff.

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Chairman-RUSSELL GURNEY, Esq., Q. C., Temple. Deputy Chairman-NASSAU W. SENIOR, Esq., Master in Chancery. Annuities, (Immediate, Deferred, and Contingent), and also Endow ments, granted on favourable terms. Reversions and Life Interests purchased.

Immediate and Deferred Annuities granted in exchange for Rever sionary and Contingent Interests.

Hours of attendance from 10 to 4. Proposals by Letter may be addressed to the Secretary.

Printed by HENRY HANSARD, PRINTER, residing at No. 14. Park Square, Regent's Park, in the Parish of St. Marylebone, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Glies-in-the-Fields, in the County aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan

BILLS and CLAIMS in CHANCERY PRINTED with in the West, in the City of London, by HENRY SWEET, LAW BOOK

care, expedition, and economy; and New Forms of Chancery Affidavits, Orders, Petitions, Summonses, Subpoenas, Warrants, Stamps, &c., sold by J. SULLIVAN, 22, Chancery-lane.

SELLER and PUBLISHER, residing at No. 41, Great Coram Street, în the Parish of St. George, Bloomsbury, in the County of Middlesex.— Saturday, February 18, 1854.

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The Scale of Charges for Advertisements will in future be affections; and one would not have thought the task as follows:

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£ s. d. 020

0 26 030 036 040

And so on, at the rate of 6d. per line. A discount, proportioned to the number of repetitions, will be allowed upon all Advertisements ordered for three or more insertions.

LONDON, FEBRUARY 25, 1854.

THERE appears to be something in the mere act of sitting down to draw an act of Parliament, destined to reform the law, which deprives men of their brains, and affects straightforward, clear-headed men with a compound of subtlety and blindness, productive of the most finished incapacity for clearness. There are two striking instances of this in what is termed the Chancery Improvement Act, 15 & 16 Vict. c. 86. The first arises on the 53rd section of the act; the second on the 31st.

There cannot be much doubt that the learned and able persons (that is, learned and able till they paralysed themselves by attempting to draw an act) who, in substance, framed the act, meant to get rid as much as possible of all the nice distinctions arising about supplemental matter purely, and supplemental matter in the nature of original matter, &c.; in fact, of all the worse than useless learning which, while it ornamented the pages of Lord Redesdale, puzzled both the Bench VOL. XVIII. G

very difficult. However, it turns out that it was very difficult. At any rate, the sort of parliamentary chloroform, which apparently emanates from a sheet of paper the moment it is destined to be the recipient of a draft act, so far mystified the learned persons who drew that 53rd clause, that it turns out that supplemental bills, and much of the venerable learning attached to them, subsist and flourish in despite of the rude hand of the reformer; and that there may yet, perhaps, be demurrers, because bills, not strictly original, are yet not the precise kind of bills that they should be. It has now been decided, according to the unanimous opinion of all the judges, that the 53rd section does not apply after decree; and does not apply before decree for the purpose of bringing new parties before the Court, but only for bringing forward new facts between the same parties. So that in innumerable instances supplemental bills will still be necessary. Of course every defect, which before could exist in a supplemental bill, may now exist. In fact, therefore, instead of being better off, we are even worse off under the act than before. We have two classes of difficulties attending the question when a supplemental statement is proper; and those attending supplemental bills when thrown back upon them.

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The next specimen of the perplexed state of mind into which men, otherwise, as we have said, clear headed, get when they attempt to draw law acts of Parliament, arises out of the 31st section, which directs, that when evidence is taken orally, it shall be taken in

AWSPAPER

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the manner practised in courts of common law when a Vict. c. cii); and the general purpose is the making of witness is going abroad, and is not expected to return | Victoria-street, and some other streets immediately conbefore the trial. Now, upon this section, the question tiguous to it. By the 37th section of the first act the recently came before the Court of Chancery*, whether, commissioners are empowered "from time to time to when a witness is examined orally before the examiner, borrow at interest any sum of money which they shall and one party puts into his hand a written document, judge necessary for the purposes of this act; and for and asks him merely to prove the hand writing, without securing the repayment of the monies so borrowed, with putting any other question whatever, the counsel on interest, the commissioners, or any three of them, may the other side may then require to see the document. mortgage the lands or funds acquired, or to be acquired, The Court very naturally looked to the act, and finding by them by virtue of this act, or may secure the a direction to act according to a particular practice at same by bond duly stamped." Sect. 38 refers to a form common law, also very naturally inquired what that of mortgage in the schedule to the act; and sect. 40 practice was. It then turned out, that although, of directs the commissioners to keep a register of all mortcourse, the practice at a Nisi Prius trial, is perfectly gages and bonds, which is to be open to the inspection well known, no trace of any special practice under a of parties interested. commission at common law, could be found in the books. Phillips, Starkie, and Taylor were alike silent, and no reported case could be found. Counsel on the one side informed the Court, that he was informed by competent common-law counsel that the practice at common law was different under a commission, from what it was at Nisi Prius. Of course, counsel on the other side was informed, on equally good authority, that it was the same.

The commissioners have powers to purchase the property required for the new streets, and by sect. 81 are empowered to lease such of the purchased lands as are not required for making the streets, "either at a rent, or without any rent," and "may, if they think fit, accept and take any fine for the granting thereof." By sect. 82 the commissioners are to sell the ground-rents and reversions; "and the commissioners shall, at the request, costs, and charges of the purNow, if the authors of the 15 & 16 Vict. c. 86, had chasers of the same premises respectively, upon paybeen drawing anything but an act of Parliament, they ment of the money agreed to be given for the same would have referred to some well-known practice, and respectively to the commissioners, by deed under the either directed it to be rigidly followed, or pointed hands of any three commissioners, convey and assign out the exceptions. But, in drawing an act of Par- the land so purchased by such purchasers respectively, liament, so plain a course was too much for human together with the houses, erections, and buildings then nature; and accordingly they pass by the practice at erected and built, or to be erected and built, thereNisi Prius, as well known as our legal A B C, and on respectively, and the fee-simple and inheritance they hunt out a lex non scripta-a practice buried in thereof, with the appurtenances, to such purchasers rethe bosoms of ephemeral commissioners, of which nei- spectively, their heirs and assigns respectively, or as ther text-writers nor anybody else seem to know any- they respectively shall in that behalf order or direct, thing positively; and in this difficulty have they placed free from all incumbrances, (except the building leases Courts of equity. How they will get out of the diffi- or agreements to be granted thereof by virtue of this culty remains to be seent; but it is plain that difficulty act)." By sect. 84, after conveyances or leases shall be there need have been none, if the parliamentary drafts- executed, the property shall be held "discharged from man would only have been satisfied to be simple, and all mortgages or other charges previously made by the to have referred to some well-known practice, with or commissioners, without the mortgagees or other parties without qualification. entitled to such charges concurring in the conveyance or lease;" but the purchase money is to be liable to the existing mortgages and charges on the land for which it is paid.

THE Westminster Improvement Bonds being frequently advertised for sale, by auction and otherwise, and the advice of lawyers rather than of stockbrokers being likely to be asked about investing money in them, it may be not altogether useless to mention one or two points which appear not impossible to arise respecting

them.

There are three acts of Parliament authorising the "improvements," and empowering the commissioners to borrow money. These acts contain many strange things, but nothing will be at present noticed except the powers of borrowing, and securing the monies borrowed. The acts are the Westminster Improvement Act, 1845, (8 & 9 Vict. c. clxxviii), the same, 1847, (10 & 11 Vict. c. cxxxi), and the same, 1850, (13 & 14

* Lord v. Colvin, before Sir R. T. Kindersley, V. C.
This was written and printed before the decision of the

Lords Justices in the same matter on the 23rd instant. Their
Lordships appear rather to have passed by, than got over, the
difficulty.

By the second act, sect. 50, a reference is made to the schedule for the form of a bond, and the proviso at the end of it is material, being in these words—“ Provided always, that the lands, tenements, money, property, and effects of the said commissioners to be acquired under or for the purposes of the said act, or either of them, shall alone be answerable to pay and satisfy the principal sum and interest secured by the before-written bond, and that the commissioners shall not in any case be personally liable to pay the same principal and interest, or any part thereof."

The mortgage in the schedule to the first act is simply that the commissioners "grant and assign unto A. B., | his executors, administrators, and assigns, all &c., to hold &c. from this day until the said sum of £with interest, &c., shall be fully paid and satisfied."

By the third act, sect. 18, the commissioners are authorised to mortgage, with powers of sale, and to confirm powers of sale contained in, or to add such to, pre

vious mortgages; and sect. 19 confirms all previous powers of sale. Sect. 20 authorises mortgages to be given in addition to existing bonds, and bonds in addition to existing mortgages, and future borrowings to be secured both ways.

It will be observed, first, that there is no limit to the amount which may be borrowed; secondly, that money may be secured by mortgage or by bond, or by both; thirdly, that in no case are the commissioners personally responsible; fourthly, that the bonds are declared to be charges on the property to be acquired by the commissioners under the act; and, fifthly, that such charges are declared by statute.

Such being the circumstances, what are the rights of the bondholders in relation to the mortgagees and to each other?

If the bonds are to be considered as really charges upon the property of the commissioners, then it would seem that the maxim "qui prior est in tempore, potior est in jure" will apply, and an early bond will have priority over subsequent bonds, and also over subsequent mortgages; and in such case the value of a bond might depend upon its date, and the value of a mortgage upon the amount of bonds existing at its execution. A bond would be in substance a mortgage of the whole property

of the commissioners.

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immediate use, and then sells it, is he to be charged on the improved value? The omission in the act is doubtless attributable to the clause in question having been inserted at the last moment in the House of Commons. Your obedient servant, W. A.

Lincoln's Inn, Jan. 23, 1854.

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 Ap-
and to Affidavits made for Purposes connected with
pointment of Persons to administer Oaths in Chancery,
Registration," has appointed the following gentlemen
to be Commissioners for administering Oaths in Chan-
cery :-
To be London Commissioners.
John Combe, 9, Staple-inn.
William Helder, 10, Lancaster-place, Strand.
Robert Bradfield Sanders, 1, New-inn, Strand.
John Duffin Thomson, 68, Lincoln's-inn-fields.
Henry Nicol, 88, Queen-street, Cheapside, City.
Cheslyn Hall, 16, New Boswell-court, Lincoln's-inn.
Ralph Thomas, 7, South-square, Gray's-inn.
Henry H. Barnes, 2, Great Winchester-street, City.
William Ansell Boyle, 19, John-street, Bedford-row.
John Linklater, 17, Sise-lane, City.
Edwin Smith, 2, Cloisters, Temple.
James Crosby, 3, Church-court, Old Jewry, City.
William Newman, 43, Lincoln's-inn-fields.
David Hughes, 13, Gresham-street, City.
Park Nelson, 11, Essex-street, Strand.

Edward Forward Sealy, 27, Moorgate-street, City.
Henry Edwards, 8, Ely-place, Holborn.
John Murray, 7, Whitehall place.
Thomas Wootton, 10, Tokenhouse-yard, City.
John Thomas Bennett, 18, Doughty-street, Mecklen
burgh-square.

Adam Rivers Steele, 1, Lincoln's-inn-fields.

Richard John Cole, 12, Furnival's-inn.
Charles Bell, 36, Bedford-row, Holborn.
Octavius Dillingham Mordaunt, 1, Warwick-street,
Regent-street.

James Taylor, 15, Furnival's-inn, Holborn.

To be Commissioners in England.

George Whitmore Chinery, Twickenham, Middlesex. Ayerst Hooker, Faversham, Kent.

Thomas Cornish, Penzance, Cornwall.

CASUS OMISSUS IN THE SUCCESSION DUTY John Pares Bickersteth, Salisbury, Wiltshire.

ACT.

TO THE EDITOR OF THE JURIST."

SIR,-Sect. 23 of the act 16 & 17 Vict. c. 51, provides, that where timber, &c. shall be comprised in any succession, the successor shall be chargeable with duty upon his interest in the net monies which shall from time to time be received from any sales of such timber, if such monies exceed 101. yearly. The statute appears to me only to provide for the case of timber being felled for immediate sale; but what is to be done where the owner of such timber manufactures it himself, and sells it as a manufactured article; e. g. where the owner of the timber saws it in his own saw-mill, and sells the planks? Where timber devolves on a carpenter, machine-maker, or shipbuilder, and is used by him for the purposes of his trade, surely the duty cannot be charged on the amount received on the manufactured article; yet no provision is made for assessing it otherwise. So, where the successor to timber fells it, and stacks it in his own timber-yard till it is properly seasoned for

James Gill, Birkenhead, Cheshire.
John Baker, Ilminster, Somersetshire.
Richard Aubrey Essery, Swansea, Glamorganshire.
George Morris the younger, Shrewsbury, Shropshire.
Henry Bernard, Wells, Somersetshire.
George William Prescott, Stourbridge, Worcestershire.
George Hughes Martin, Chester.
Henry Tiffen, Sudbury, Suffolk.
William Swaine, Rochford, Essex.

To be a Commissioner in the Channel Islands. George Edw. Evans, St. Helier, in the Island of Jersey.

The Right Hon. Sir John Jervis, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas at Westminster, has appointed Thomas Hugh Peake, of Worcester, Gent., to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women, in and for the city of Worcester, also in and for the county of Worcester.

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