Imágenes de páginas

cashire, joiners.-R. Harris, High Holborn, woollen-draper. Marsh, Sheffield, spring knife cutler.-- Alice Naylor, Sheffield, - Aaron Mills, Ashton-under-Lynė, and Wm. G. Seed, Man- out of business.- William Mercer, Sheffield, pen knife cutler. chester, cotton-manufacturers.-W. Pilling, Droylsden, Lan- William Dewsnap, Sheffield, pen blade grinder.John Tatcashire, manufacturer of cotton goods.-Wm. Jones, Tregaron, tershall, Sheffield, stove grate fitter.John Birch, Nether Cardiganshire, butter dealer.

Hallam, Sheffield.- Rob. Didsbury, Sheffield, out of business. PARTNERSHIPS DISSOLVED.

-Samuel Howson, Rush-dale, Sheffield, wood turner.Thos. Cyril Williams and Thos. Ellis, Pwllheli, Carnarvonshire, Holmes, Sheffield, edge tool striker.- George Wild, Sheffield, attornies, solicitors, and conveyancers.-- Saml. R. Gilbert and edge tool striker.---Joel Rose, Wadsley, near Sheffield, pocket Tkos. Bisgood, Craven-st., Strand, attornies and solicitors. knife cutler.—Joseph Ryalls, Sheffield, scissors grinder.-H. Scotch SEQUESTRATIONS.

Houlden, Sheffield, metal smith.-Henry Cooke, Ecclesfield, David Smith, jun., Airdrie, ironmonger.-Robt. Campbell, coal miner. ---John Crabtree Pickering, Neepsend, out of bus Dunfermline, iron founder.- Wm and Jas. Arbuckle, Ayr, siness.--Robert Denholm, Sheffield, tailor.---Sam. Fox, Shef. deshers.-Jas. Lindsay, Glasgow, victualler.

field, table knife and blade grinder.-William Birks, Sheffield,

brace bit maker. - William Bradshaw, sen., Sheffield, spring INSOLVENT DEBTORS.

knife cutler.-John Vickers Stacey, sen., Sheffield, Britannia The following Prisoners are ordered to be brought up before metal smith.--Elizabeth Woodcock, widow, Sheffield.--Hen.

the Court, in Portugal-st., on Friday, Feb. 4 at 9. Biggin, sen., Sheffield, pen knife cutler.-- Fred. Lockwood, Rick. Erans, Talbot Inn-yard, High-st., Southwark, veter Sheffield, cabinet maker. - William Burton, Sheffield, shoe inary surgeon.-Wm. R. Topley, sen., Gravesend, out of bu- maker. --Joshua Perkinton, Sheffield, publican.-J. Froggatt, siness.- Hannah Whitley, Upper St. Martin's-lane, dress. Sheffield, table knife hafter.-William Couldwell, sen., Shef. maker. - John Collins, Arundel-st., Strand, licensed victualler. field, labourer.-John Moss, Sheffield, pen blade forger. -John Regan, Cheyne-row, Chelsea, wine agent. -- Edward Ingram, King David-lane, Shadwell, toll collector.--A. Dix.

It is believed that Silk Gowns will shortly be conLong-lane, Bermondsey, assistant to a builder.-John Embry, ferred on the following Gentlemen :-Messrs. Teed, Crown-st., Soho, carman. Jas. Bowker, sen:. Broadway, Purvis, Koe, Kenyon Parker, Wilbraham, Walker, Ladgate-bill, shoemaker.-James Russell, White Lion-st., Pentonville, out of business.--Jacob Sanders, Rotherhithe-st., Lowndes, Mathews, Loftus Wigram, James Russell Rotberhithe, pork butcher.- Benj. Shaw, Bermondsey-st.,

0. Anderdon, and Roupel. cheesemonger's shopman.- Arthur Pulling, Kennington-st., MASTERS IN CHANCERY. The following gentlemen Walworth, vinegar merchant.-James Thomson, Phillip’s-st., have been appointed Masters Extraordinary in the Kingsland-road, dealer in yeast.-James F. Guinn, Dorset-st., High Court of Chancery:—Herman Dirs Mertens, of Clapham-road, print cutter.

Margate; Thomas Burgh Dalby, of Ashby de la Zouch, Feb. 7, at the same hour and place.

Leicestershire;. James Sollory, of Nottingham; and Jenes Butler, Young-st, Kensington, attorney at law. Christopher John Geldard, of Settle, Yorkshire. Stephen Jewell, Fleet-lane, out of business.-T. Burchatt,

CRIMINAL JUSTICE IN PRussia.—There has just been Northbrook, near Wonersh, Surrey, leather dresser. -Rich. published at Berlin

a statistical account of the criminal Thos. Bayly, Haydon-st., Minories, broker.- John Neeves, 1 justice for the last 23 years, in the whole of the kingPoplar-row, New Kent-road, carpenter.-Jas. R. Stringer, dom of Prussia, under the German system of legislaCharcb-row, Whitechapel, warehouseman.-C. B. Chapman, tion--that is, with the exception only of the Rhenish Maize, Tooley-st., green-grocer.- John Brown, WhitecrossSt., paper stainer.- Henry C. Bull, White Hart-st., Drury- provinces, in which the French code is still in force. lane, green-grocer.— James Robinson, Great Russell-st., Co-From this work it appears, that, during the period vent-garden, Italian-warehouseman.- Wm. Coe, jun., Savoy- mentioned, there have been 312 criminals condemned to st., Sirand, out of business.-W. Hubbard, High-st., Shore. death, viz. 234 men and 78 women, making on an diteb, out of business.Richard Pryce, Strand, shell fish- average about 13 capital sentences per annum, or 4 in monger.-Thos. Callaghan, Lisson-st., Paddington, licensed every 3,000,000 inhabitants, the population of this part retailer of beer,

of Prussia being reckoned at 10,000,000. Of the 312 Court-house, SHEFFIELD, Feb. 7 at 10.

capital convicts, 145 only were executed, of whom 130 Thomas Hague, Sheffield, pocket knife blade forger.-Geo. were men and 15 women. Among the 78 women conWregg, Sheffield, table blade grinder.-G. Greaves, Sheffield, demned to death, 33 were for infanticide, all of whom attorney at law.- Thomas Nayler, Sheffield, table blade forger. were fully pardoned or their sentences commuted - George Hall, Sheffield, joiners' tool forger.-Eben. Birks, CHANCERY ACCOUNTS.-Some idea of the magnitude jan., Sheffield, merchant.-John Judge, Sheffield, table knife and importance of the operations of the court of Chanmanufacturer.-Alex. Wragg, Sheffield, table knife grinder.- cery may be formed from the following detail:-AcBenjamin Barber, Sheffield, table knife grinder.-R. Furness, cording to a statement just completed, it appears that Stannington, victualler. --Josh. Thorp, Sheffield, type founder the balance of cash and securities placed to the credit of -Elisha Montague Charles, Sheffield, printer.--Hen. Kitson, the various accounts in Chancery amounts to the extraSheffield, file cutter.-Fred. Kershaw Stead, Sheffield, coach ordinary sum of 42,000,0001. and upwards. At present builder.- George Chatterton, Sheffield, file cutter, --Thomas the actual number of these accounts is about 12,000; Wragg, Sheffield, stone getter.- Henry Rutherford, Sheffield, table blade grinder.

Joseph Rutherford, Sheffield, table knife but Parliament has recently determined that all the grinder.-Thomas Lindley, Sheffield, victualler.-S. Thorpe, accounts belonging to the court of Exchequer (amountken., Sheffield, edge tool hardener.— Thomas Woodhouse, ing to 1,600 or thereabouts) shall be added to them, Sheffield, table knife hafter. James Wallace, Sheffield, table thus forming an aggregate of 13,600. For facilitating blade grinder.- John Wasden, Sheffield, table blade forger.- the business incidental to this great mass of accounts John Hilbert, Sheffield, slater.Mich. Seflon Mawson, Shef- such as the payment of the quarterly dividends, &c., beld, butcher. - Charles Trickett, Sheffield, razor grinder.- the officers have hitherto been divided into three deJoseph Broadhead, Sheffield, fork grinder. - Thomas Hall, partments, (arranged according to the letters of the Sheffield, edge tool striker.- Joseph Andrew, Sheffield, farmer. plaintiffs' names), but we believe it is now determined - Jonathan Badger, Sheffield, tailor.-William Smith, Shef to subdivide these departments into four. Great exerfield, tailor.-George Greaves, Ecclesfield, file maker.--Edw. tions are being made to carry this into effect; and the Binney, Sheffield, auctioneer.- John Cooper, Sheffield-park, razor smith.—Elizabeth Quinton, widow, Sheffield, out of bu- the expedition of business and the convenience of the

new arrangement will, no doubt, contribute much to siness.-James Chadwick, Sheffield, pen blade grinder. --Jas. Clayton, Attercliffe, near Sheffield, coal lender.- Mat. Hague, suitors, so soon as the labour of closing and bringing Wadsley, Ecclesfield, collier. - John Pearson, Sheffield, file forward into new books such a vast number of accounts smith. - George Marples, Sheffield, joiners' tool maker.-H. (for the purpose of subdivision) shall be completed. Owen, Sheffield, shear grinder.- Samuel Mauhood, Sheffield, The offices in Chancery-lane are undergoing material spring knife grinder.-Nicholas Rodgers, Sheffield, table blade alterations in order to afford accommodation for the grinder.George Foulston, Sheffield, stone mason.-William I carrying on this great increase of business,


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No. 263.

JAN. 22, 1842. With Supplement, 28. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and

decided in the several Courts of Law and Equity:House of Lords SE. T. Hoop, Esq. of the Inner

E. KEMPSON, Esq. of the Middle Temple, Barrister at Law.

Court of Queen's Bench

Temple; and Privy Council {

G.J. P. SMITH, Esq. of the Inner Inner Temple, Barrister at Law.

Temple, Barristers at Law. House of Commons Elec- S A. V. KIRwan, Esq. of Gray's tion Committees ..... {4.Inn, Barrister af en

Queen's Bench Bail Court {A.Im., Barrister Esg. vof Gray's The Lord Chancellor's S E. T. Hoop, Esq. of the Inner Court ... 1 Temple, Barrister at Law.

Court of Common Pleas (J. R. MARSHMAN, Esq. of LinMaster of the Rolls Court { C-Temple, Barrister at Law.


coln's Inn, Barrister at Law, Vice-Chancellor of Eng. S Tenison EDWARDS, Esq. of the

Court of Exchequer .... {

SW.M. Best, Esq. of Gray's Inn,

Barrister at Law. land's Court


Inner Temple, Barrister at Law. Victobrancellor Bruce's {Wiempo, Bar: Pema e Lae Inner

Ecelesiasticatsand Admi: { Deco MPS.LTMORE, of Doctors' Vice-Chancellor Wigram's | E. J. BeviR, Esq. of Lincoln's

Court of Review

F. FISHER, Esq. of Lincoln's Court

{ 1 Inn, Barrister at Law.

Inn, Barrister at Law.

Some inconvenience has been occasioned by the misfold | tent served and levied by seizure upon, or any mortgage ing of THE JURIST:--this is often the fault of the of, or lien upon, any part of the property of such banknewsrender; but, on the last publication, it arose from rupt, before the bankruptcy; provided, that no creditor, unexpected difficulties attending the enlargement of the though for a valuable consideration, shall avail himself paper. Arrangements will soon be made for carefully of an execution upon any judgment obtained by default, and, in the meantime, the subscribers are recommended confession, or nil dicit. to refold their copies before they cut them.

It was held, that an execution on final judgment by

default, was within the last cited proviso, as were all LONDON, JANUARY 22, 1842. executions, except on judgment after verdict, trial by

the record, or on demurrer. (Cuming v. Heale, 4 M. So many Statutes have been passed upon the subject & P. 238). Upon this, it was enacted, (1 Will. 4, c. 7, of Bankruptcy since the Consolidating Act of 6 Geo. s. 7), that no judgment signed, or execution issued on 4, c. 16; and so many glosses and further provisions a cognovit signed, after declaration filed or delivered, have been supplied to those enactments by the Courts, or judgment by default, confession, or nil dicit, accordthat this branch of commercial law has become nearly ing to the practice of the Court, in any action commenced as perplexed as it was in 1825. The subject of protec- adversely and not by collusion for the purpose of fraution to parties dealing with traders has, in particular, lent preference, should be within the 108th section of received several touches at the hands of the Legislature the Bankrupt Act. This enactment left judgments on and the Bench, and is now in such a state, that many warrants of attorney unprotected. (Crossfield v. Stane of our readers will probably not object to a brief no- ley, 1 Nev. & M. 668). tice of the most important points.

The 12th section of Sir E. Sugden's Act (2 & 3 Vict. We will, in the first place, state the enactments. By c. 11) gave validity to all conveyances by any

bankrupt, the 6 Geo. 4, c. 16, s. 86, bonâ fide purchasers for value bona fide made and executed before the date and issuing from a bankrupt, with notice of an act of bankruptcy, of the fiat, to persons without notice of any prior act are protected, unless the fiat issues within a year. By of bankruptcy; but this particular provision was suthe 81st section, conveyances by, and contracts and perseded by the general and important enactment in, other dealings and transactions by and with, any bank- the 29th chapter of the same session, which, after rerupt, bona fide made and entered into more than two citing the 82nd section of the Bankrupt Act, and the months before the issuing of the commission, and all | 12th section of Sir E. Sugden's Act, enacts," that all executions and attachments against the lands or goods contracts, dealings, and transactions by and with any. of the bankrupt, bonâ fide executed or levied more than bankrupt really and bonâ fide made and entered into two months before the issuing of the commission, were before the date and issuing of the fiat against him, and declared valid, notwithstanding a prior act of bank- all executions and attachments against the lands and teruptcy, if the party so dealing, &c., had no notice of nements, or goods and chattels of such bankrupt, bonâ any act of bankruptcy. By the 82nd section, any bona fide* executed or levied before the date and issuing † of fide payment made by or to a bankrupt, without notice the fiat, shall be deemed to be valid, notwithstanding of an act of bankruptcy, is made valid against a subse- any prior act of bankruptcy by such bankrupt commitquent fiat, unless it be a fraudulent preference; and ted, provided the person or persons so dealing with the 84th section, in like manner, protects parties deli- such bankrupt, or at whose suit, or on whose account, yering goods of the bankrupt without notice. Lastly,

* See Hall v. Wallace, (7 Mee. & W.353; 5 Jur, 198). by sect. 108, it is enacted, that no creditor having

+ The time of delivering out the fiat as an operative instrusecurity for his debt, or having attached the goods of ment is the date and issuing” of the fiat; i. e., primâ facie, the bankrupt, shall receive more than a ratable part the time of delivering it out of the bankrupt office. Pewtress of such debt, except in respect of any execution or ex- V. Annan, (9 D. P.Č. 828). Vol. VI.


such execution or attachment shall have issued, had protected by the new act. (Whitmore v. Robertson, 8 not, at the time of such contract, dealing, or transac- Mee. & W. 463; 5 Jur. 1088). The ground on which tion, or at the time of executing or levying such exe- this somewhat unexpected decision was founded is cution or attachment, notice of any prior act of bank- simply this, that, as the act gives validity to executions ruptcy by him committed; provided also, that nothing levied before the fiat,“ potwithstanding any prior act herein contained shall be deemed or taken to give vali- of bankruptcy,” it merely places them in the same sidity to any payment made by any bankrupt, being a tuation as if no act of bankruptcy had occurred; and fraudulent preference of any creditor or creditors of thus affords a complete protection in case of executions such bankrupt, or to any execution founded on a judg-on adverse judgments, which could only have been inment on a warrant of attorney or cognovit given by validated by prior acts of bankruptcy. But, as to exany bankrupt by way of such fraudulent preference." ecutions under warrants of attorney, the 108th section

The 82nd section of the Bankrupt Act, protecting defeated them, (unless perfected by sale before bankpayments without notice, was clearly retrospective; ruptcy), although there were no prior act of bank(Perrington v. Hargreaves, 3 Moo. & P. 137); and, in ruptcy; and, therefore, the putting them in the same the case of Luckin v. Simpson, (4 Jur. 487, 8 Scott, 676), situation as if there had been no act of bankruptcy, it was laid down, and in effect decided, that the 2 & 3 does not exclude the operation of that section. And Vict. c. 29, is retrospective, and gives the law to all this reasoning appears to be unanswerable, for the sole cases that come for adjudication before the court, als object of the enactment was, undoubtedly, to put an end though the transaction took place before the passing of to the relation of the assignees' title to the act of bankthe act. There the levy was made on the 16th February, ruptcy, and not at all to affect any other part of the 1839; the fiat issued, and the assignees were appointed bankrupt law. But the important result of the decion the 23rd ; and the act received the royal assent on the sion is, that the case of Godson v. Sanctuary (cited 16th July, an issue to try the validity of the fiat then supra) is overruled; and executions under warrants of standing for trial. (See Nelstrop v. Scarisbrick, 6 Mee. attorney are taken, not only out of the new act, but & W. 684). However, this decision has been over- also out of the 81st section of the Bankrupt Act; and ruled; and it is now settled, (with the concurrence of judgment creditors are liable to be defeated by an act the Judges of the Common Pleas), that, where the as- of bankruptcy intervening between seizure and sale, signees have been appointed before the 16th July, 1839, although the fiat may not issue until after the expiratheir vested title is not divested by the act. (Edmonds tion of two months from the seizure. In Whitmore v. v. Lawley, 6 Mee. & W.285; Moore v. Phillips, 7 Mee. Robertson the fiat had issued before sale, but the prin& W.536). But, in cases where the passing of the act ciple of the decision obviously applies where the sale intervened between the issuing of the fiat and the ap- precedes the fiat, if it follow the act of bankruptcy. pointment of the assignees, it seems that the transaction The practical effect of the recent decision will be, to would be protected. (Id.; Nelstrop v. Scarisbrick). increase the number of adverse actions, and to quicken

The most important question, however, is, to what the proceedings of execution creditors. extent must an execution proceed before the fiat, to be protected ?. Although, for the purpose of changing the property of the goods, and overreaching the title of a

COPYHOLD COMMUTATIONS AND ENFRAN. creditor under a prior writ, or the prerogative title of CHISEMENTS, UNDER THE 4 & 5 Vict. c. 35. the Crown, seizure is not sufficient, but the goods must be actually sold; yet, for the purpose of the 81st section The commutations of manorial rights which the staof the Bankrupt Act, seizure is a sufficient levying of tute embraces, are either, (1) such as, originating in the the execution. (Giles v. Grover, 2 M. & Scott, 207, 241; voluntary agreement of a majority of the persons in. Godson v. Sanctuary, 1 Nev. & M. 52. See Thomas v. terested, are compulsory on the minority; or (2) such Desanges, 2 B. & Ald. 586; Samuel v. Dick, 3 Mee. & as are voluntary on the part of all the persons whose W. 622). But as the ownership is not changed until interests are immediately affected. For the sake of dissale, the creditor is, after seizure and until sale, a cre- tinction, therefore, the former kind of commutation ditor holding security within the 108th section; and, if may be denominated a compulsory commutation, and not protected by the 81st section, (or now by the 2 & 3 the latter, a voluntary commutation. Vict. c. 29), cannot avail himself of his security. Either of these kinds of commutation, a compulsory (Notley v. Buck, 8 B. & C. 160; 2 M. & Ry. 68; Mor- commutation, as well as a voluntary commutation, may land v. Pellatt, 8 B. & C. 722; 3 M. & Ry: 411). extend over a whole manor, or only over part of a After sale, (though before the return day of the fi. fa.), manor. For, by the 102nd section of the act, the comthe 108th section does not apply, even where the judg- missioners, with the consent of the lord of the manor, ment was entered up on warrant of attorney, &c.; fo have the power of dividing a manor into portions for the party suing out execution then ceases to be a cre- the purpose of a commutation, either voluntary or comditor. (Wymer v. Kemble, 6 B. & C. 479; 9 D. & R. pulsory. And if all the tenants of a manor can agree 511; Higgins v. M'Adam, 3 Y. & J. 1).

with the lord and among themselves upon the terms of Neither the 81st nor the 108th section of the Bank- commutation, they may effect a voluntary commutarupt Act is repealed by, or even referred to in, the re- tion in the same manner as the act enables one or more cent act; but with the exception of the concluding pro- of the tenants to effect a partial commutation with reviso against fraudulent preference, the new enactment spect to their own lands; and, in such a case, it will is the same as the 81st section of the old act, the date not be necessary for them to have recourse to the more of the fiat only being substituted for two months before expensive and cumbersome machinery of a compulsory such date; and as executions under judgments on war- | commutation. rants of attorney, levied by seizure two months before Since the mode of proceeding directed by the act difthe fiat, were held to be protected by the 81st section fers according as the commutation is compulsory or from the 108th, Godson v. Sanctuary, 1 Nev. & M. 52; voluntary, but not necessarily according as it is general 4 B. & Adol. 255), it should seem that they would now or partial, the subject appears to divide itself most conhe protected by the new act, wherever the fiat issues veniently into the consideration of those provisions of after the seizure, though before sale. The court of the act that relate to compulsory commntations, and Common Pleas has, however, decided, that executions those that relate to voluntary commutations. on judgments not obtained on actions commenced ad- The commissioners, indeed, in the instructions preversely, must be perfected by sale before the fiat, (and, fixed to the forms issued by them, distinguish - these it should seem, also before the bankruptcy), to be two kinds of commutations by the names of "manorial

upon the

commutations” and “ partial commutations :" but for the manor to appoint, by power of attorney, an agent the reasons given above, the denominations we have to attend the meetings, and enter into and sign the adopted seem the best suited to the division of the sub-agreement, and do all other acts for them under the ject-matter of the act, and the most conducive to a right provisions of the act. understanding of the nature of its provisions.

Terms of the Agreement.]-The agreement will exI. COMPULSORY COMMUTATIONS.-1. Proceedings.

press whether the commutation is to be for a rentIf all the tenants of a manor, (or of a portion of a

charge, and small fine not exceeding 58., or for a fine manor, when divided by the commissioners*), cannot former is agreed to be the consideration of the commu

on death or alienation, or at some fixed period. If the agree with the lord and

among themselves terms of a voluntary commutation, the following me entire rent-charge payable to the lord, or provide that

tation, the agreement may either fix the amount of the thod of proceeding is authorized by the act for the pur-its amount shall be fixed by the valuers, subject to the pose of effecting a commutation that shall be compulsory on all the parties interested.

approbation of the commissioners; and if the amount

be stated, it may either determine the apportionment Manorial Meeting;} – A meeting of the lord and for each tenant, or provide that the apportionment shall tenants may be called by a notice signed either by the be made by the valuers, with the like approbation; or lord, having an interest not less than one-fourth of the annual value of the manor, or by ten of the

tenants; or, lord and any one or more tenants, parties to the agree

separate rent-charges may be agreed upon between the if there be not so many, by, half the tenants of the ment; or the agreement may provide, that the entire directed by the 13th section. At the

meeting a chair- rent-charge therein, stated shall be subject to increase man is to be elected by the lord and tenants, (the vote cent., or that such separate rent-charges shall be subject

or diminution by the valuers to a specified amount per of the lord being reckoned as equal to one-third of the to increase or diminution to a given amount per cent. whole number of votes, and the votes of the tenants in certain specified events. The agreement may also proceed to ascertain the number and interest of the lord provide, that so much of the rent-charge apportioned

in respect of the lands of any tenant, who is a party to and tenants present, computing the interests of the the

agreement, as shall be in lieu of fines, &c., to which tenants in the manner provided by the 17th section; such tenant would not be liable thereafter during his and if the interest of the lord who is present appears to tenancy, shall not commence till the time of the next amount to three-fourths of the value of the manor, and act or event on which such fine &c. would have become the tenants present are not less than three-fourths of

due. the whole in number and interest, they may proceed to auff the

commutation is for a fine on death or alienaenter into and execute an agreement for commutation. tion, or at some fixed period, the agreement is either to If it should appear that the persons present are not suf- fix the amount of the fine, or provide that it shall be ficient in number and interest, or a sufficient portion subject to increase or diminution by the valuers to a are not willing to enter into an agreement, any number specified amount per cent. If the fine is to be payable of the persons may, nevertheless, execute a provisional at a fixed period, the agreement will specify that peagreement, which, if executed within six months by a riod. (Sect. 15) sufficient proportion of parties, will be equally effectual

The commutation will extend to rents, reliefs, and as if sufficiently executed at the meeting. Sect. 16), services, (except service at the lord's court), and also to The meeting may be adjourned by the desire of the fines, heriots, and payments in lieu of heriots, and the majority of the persons present, due notice of the ad- lord's rights in timber, without any express mention of journed meeting being given according to sect. 18. The Agreement.] – The agreement is to be in such commute the

lord's rights in mines, they must be ex

them in the agreement. But, if it is also intended to form as the commissioners shall direct; and they have pressly included in the agreement. (Sect. 13); If the already issued a form for the purpose. It is to bear ford's rights in mines are reserved to him, rights of way date on the day on which

the first signature is attached for mining purposes may be granted to the lord, by a to it, (sect. 19), which must be done at the original statement to that effect in the agreement. (Sect. 84). meeting, or a regularly adjourned meeting,

Parties to the Agreement.]—It must be signed by the Any other right cannot be made the subject of a comparties already mentioned, as required for its validity, pulsory commutation. (Sect. 82).

The agreement may likewise fix a scale of fees to be riz. not less than three-fourths in number of the tenants, payable to the steward after the commutation, but so as and the lord and tenants whose interests in the manor and lands amount to not less than three-fourths of their who holds his office for life or during good behaviour, or

not to affect the interests of any steward now in office, respective value, (sect. 13); computing the interests of according to the usage has, in the opinion of the commisthe tenants in the manner directed by sect. 17, which sioners, a just expectation of so holding it. (Sect. 14); provides, that the interest of no person shall be com

The agreement may also provide for the costs of the puted who has not been admitted, or who has made an proceedings, subject to the approbation of the commisabsolute surrender of his copyhold; and enables the sioners; and may contain all other provisions necessary commissioners, in certain cases, to make special rules for carrying the commutation into effect, so that they for the computation of interests: and in case of dispute do not interfere with the powers given by the act (sect. as to the sufficiency of interest of parties, the decision 28) for apportioning the rent-charge according to the of the commissioners is to be conclusive. (Sect. 14). In the case of an ecclesiastical or other corporation, relief of tenants for life, and other persons having li

particular circumstances of each tenement, and for the or the patron of a living, being interested in the manor mited interests. (Sect. 14). or any of the lands to the extent of one-third of their

Confirination of the Agreement.]-As soon as the annual value, the consent of such parties will be neces- agreement has been executed by the requisite parties, sary to the validity of the agreement. (Sect. 22).

it is to be sent to the commissioners, who are to institute If any party interested be under a disability, or abroad, the 11th section substitutes the guardian, trus. it ought to be confirmed; and if they are satisfied that

an inquiry for the purpose of satisfying themselves that tee, committee of the estate, husband, or attorney, in it ought to be confirmed, the commissioners are to conthe place of such person, for the purposes of the act. firm the agreement by signing and sealing it, adding the And sect. 12 enables the lord or any of the tenants of date of the confirmation, and are to publish the fact and

* The word “manor,” whenever used hereafter, is to be date of the confirmation within the manor. (Sect. 23). understood as extending to such a portion of a manor. Until the agreement is thus confirmed it is in nowise

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