Imágenes de páginas

On the banks of the river Wye, five miles from the city of Hereford.- Boundary-road, Finchley-road, St. John's-wood.-Two Leasehold Private

The Lower Eaton Freehold and Copyhold Estates, Residence, Plea- Residences, for investinent or occupation, in this favourite locality. MESSRS. FAREBROTHER, CLARK, and here will MESERS, FAREBROTHER, CLARK, and LYE Will

SELL by AUCTION, at Garraway's, on Wednesday, Jan. 24, at SELL, at Garraway's, early in the Spring, (unless previously dis- 12 o'clock, by direction of the Mortgagee, a long LEASEHOLD ESposed of by private contract), the above delightful RESIDENCE and TATE, comprising two capital brick-built semi-detached private resiFARMS, of which a more detailed description will shortly appear. dences, with stuccoed fronts, most desirably situate in Boundary-road,

and near to the Prince Arthur Hotel, St. John's-wood, leading from the Sussex, in the parish of Woodmancote, about five miles from the

Finchley.road through to Kilburn, within ten minutes' walk of the KilHassocks-gate Station on the Brighton Railway.- Very eligible Parm, burn Station, and close to omnibus communication (every five minutes) comprising about 140 acres, sheltered by the South Down hills.

to the city and west-end. The houses are newly and substantially built, ME ESSRS. FAREBROTHER, CLARK, and LYE are and eaeh contains on the upper floor four bed rooms ; on the second

instructed to prepare for SALE, early in the Spring, the above floor, two large bed rooms and one dressing room, well finished; on the compact FARM, of which a more detailed description will appear in ground floor, an elegant and good-sized drawing room, good dining room, future advertisements.

entrance hall, and water-closet; capital light basement, with kitchen,

and excellent accommodation; garden in the rear, side entrance, and Sussex, near to Battle and Hastings.--Compact Freehold and Copyhold fore-court, with flight of stone steps to house, enclosed by dwarf wall

Estates, in the parishes of Crowhurst and Catsfield, comprising about and palisades; of the estimated value of 80 guineas per annum each; 290 acres.

held for a term of 99 years from 1838, at ground rents. May be viewed, MESSRS. PAREBROTHER, CLARK, and LYE are and particulars had at the Prince Arthur Hotel, Boundary-road; of

instructed to prepare for SALE, early in the ensuing year, the George Hinds, Esq., Goudhurst, Kent; at Garraway's; and of Messrs. above valuable FREEHOLD and COPYHOLD ESTATES, of which a Farebrother, Clark, and Lye, Lancaster-place, Strand. further description will appear in future advertisements.

Poplar.-38 Leasehold Private Residences and Shops, and the Marshall Wiltshire.-In and close to the Town of Malmesbury.- Valuable Free- Keate Hotel, Tavern, and Tea Gardens, producing together a yearly

hold Enclosures of Meadow and Accommodation Land, Dwelling. income of 12501. house, Cottages, and Garden Ground.

MESSRS. FAREBROTHER, CLARK, and LYE will MESSRS. PAREBROTHER, CLARK, and LYE are SELL, at Garraway's, on Wednesday, Jan. 24, at 12, in lots, by

directed, under an order of the High Court of Chancery, made in direction of the Executors of the late Francis Mills, Esq., a LEASEthe cause of “ Dewell v. Tufnell," and with the approval of Vice-Chan- HOLD ESTATE ; comprising the Marshall Keate Hotel, Tavern, and cellor Sir Page Wood, to SELL by AUCTION, at the King's Arms Inn, Tea Gardens, situate in Preston-road, High-street, Poplar, adjoining Malmesbury, on

-, at 1 for 2, in numerous lots, the following the Blackwall Railway, and facing the East and West India Docks; valuable FREEHOLD ESTATES, situate in the parishes of Malmes- Five Shops, with Dwelling-houses, and 33 Private Residences of uniform bury, St. Mary's, Westport, and Brockenborough, viz. two enclosures elevation and construction, called Bisterne-place, also situate in Presof accommodation land at Milbourne, on the road from Malmesbury ton-road. The whole of the property has been erected within these last to the Duke of York Inn, let to Mr. Charles Whale; three plots of 14 years, and is well built and finished. All now let (excepting one meadow, known as Upper and Lower Cat's-hill and Baskerwell's Mead, shop) to respectable tenants, producing a yearly income of 12501. The let to Mr. Hanks. In the town of Malmesbury.- A piece of garden, let above are held under lease from the East and West India Dock Com. to Henry Parting; seven cottages and gardens called Drew's, in the pany for 63 years from 1940, at moderate ground rents reserved on each occupation of John Carter and others; a dwelling-house, known as Col- house. May be viewed by permission of the respective tenants, and lingbourne, with offices, garden, and paddock, let to Mr. Harris: a particulars had of B. F. Watson, Esq., solicitor, 36, Lincoln's-inu-fields; piece of garden ground on the road to Tetbury, close to the turnpike- of Mr. Sadd, at the Marshall Keate Hotel; at Garraway's; and at the gate, let to Mr. Clark; a piece of capital meadow land, known as offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Eleven Lands, on the road to Foxley, let to Mr. Lyne. The Jands are surrounded by the estates of the Earl of Suffolk, Captain Dewell, In Chancery:-"Spickernell v. Hotham and Others.”—Oxfordshire, withMr. Isaac Beake, and others. May be viewed, and particulars had at

in five miles of the City of Oxford.—The Shotover Estate, comprising the place of sale; of Messrs. Chubb and Son, solicitors, Malmesbury; a capital Mansion, with beautiful Park and Pleasure Grounds, five the Angel, Chippenham; the White Hart, Cricklade; of Messrs. Davies, compact Farms, sundry Cottages, and parcels of Accommodation and Son, and Campbell, solicitors, Warwick-street, Golden-square; at Gar

Allotment Land; the whole containing about 900 acres. raway's; and at the offices of Messrs. Farebrother, Clark, and Lye, MESSRS. FAREBROTHER, CLARK, and LYE are

directed to prepare for SALE, in the Spring, (unless previously The Crown Lease of the Parthenon Club, Regent-street, Waterloo place, ESTATE, of which a more detailed advertisement will shortly appear.

disposed of by private contract), the above highly-valuable FREEHOLD with the possession in about seven years.

Lancaster-place, Strand. MESSRS, FAREBROTHER, CLARK, and LYE have received instructions to SELL by AUCTION (unless an accept

North Riding of Yorkshire.— The Egton important and highly valuable able offer be previously made by private contract) the CROWN LEASE,

Freehold Estate, intersected by the river Eske, and bounded in part for an unexpired term of 61 years, at a ground rent of 1001. per annum,

by the Whitby and Pickering Railway, the villages of Egton and of that noble pile of BUILDINGS, with court-yard, on the east side of

Egton-bridge, Water Corn-mill, Quarries, valuable Rights of Fishing

for 20 miles, and Shooting, extending over (in addition to cultivated Regent-street, Waterloo-place, now occupied by the Parthenon and Erechtheum Clubs; on lease to the Parthenon Club for a term of which

land) 6000 acres of moor, the entire estate embracing an area of nearly

13,000 acres. about seven years are unexpired, at 1545l. per annum, but which rent has been reduced to 10001. per annum in consideration

of a premium MESSRS.


no a fully inform the public that the above highly-valuable and imporrental of at least 20001. per annum may be readily obtained, from the tant FREEHOLD ESTATE will be offered for SALE by AUCTION situation, capabilities, and extent of the property. More detailed in the Spring, unless an acceptable offer is previously made by private advertisements will shortly appear, and the property may be viewed

contract. by letter of introduction only, to the Secretary, which, with further

Auction Rooms for the Disposal of Law and Miscellaneous Libraries, particulars, may be obtained at the offices of Messrs. Farebrother, Clark,

and Works connected with the Fine Arts, 22, Fleet-street, London. and Lye, Lancaster-place, Strand.

Established Thirty Years. Chepstow; Monmouthshire. -The distinguished Freehold Domain of SOUTHGATE and BARRETT beg respectfully to call the

attention of Executors, Trustees, Booksellers, and others having bered Park, bounded by the river Wye, to which there is a terrace- Literary Property to dispose of, to the importance of their being enabled walk extending about three miles; Gardens and Pleasure Grounds; to display an entire library, even should it extend to 20,000 volumes, in together with several compact Farms, with all suitable farming one large room at the same moment; thus affording their connexion and buildings, and upwards of 2000 acres of productive Land, a portion of casual visitors an opportunity to make personal selections with the which is especially adapted for the erection of Villas; several private greatest facility, instead of depending on the description of the catalogue. Résidences and Cottages in the village of St. Arvans, and the Pierce- Most centrally situate, near the two principal Inns of Court, within a few field Inn; also the Stall House Farm, in the parish of Redwick,

doors of the Middle Temple Gate, THE FACILITIES FOR THE DISPOSAL about a mile and a half from the Magar Station on the South Wales oy LAW LIBRARIES are undeniable; whilst the immediate vicinity of Railway.

the largest West-end Bankers, and being in the main thoroughfare from MESSRS. FAREBROTHER, CLARK, and LYE have the City to the Court end of town, enable them to obtain the attendance received instructions to prepare for SALE, in the Spring, (unless public premises. Books, Prints, Pictures, and, in fact,

all sorts of pro: an acceptable offer is previously made by private contract), the above distinguished and highly-valuable FREEHOLD ESTATË, of which parcels, may be transmitted to Southgate and Barrett's Rooms, and if further particulars will shortly appear. Lancaster-place, Strand.

intended for immediate sale, an advance of two-thirds of the value will

be made to meet the convenience of Executors, Trustees, or others. In Chancery.-" Ellis v. Ellis," and " Ellis v. Lee."-Valuable Life

Auction Rooms, 22, Fleet-street, London. Policy in the Rock for 25001., and a Ju nent Debt for 18001. MESSRS. FAREBROTHER, CLARK, and LYE are PERIODICAL SALE of SHARES in the INSURANCE

OFFICES connected with the LEGAL PROFESSION.-Messrs. instructed, pursuant to an order of Vice-Chancellor Sir John Stuart, to SELL by AUCTION, at Garraway's, on Wednesday, Jan, 24,

HAMMOND & EILOART invite those gentlemen desirous of disposing at 12, in two lots-Lot 1. A Policy of Assurance, effected in 1837, in the

of their Shares, or of becoming Shareholders in any of the Legal Offices, Rock Life Assurance Office, upon the life of the Earl of Lisburne, now

to forward their wishes to their Offices, No. 28, Chancery-lane, where in his 55th year, for the sum of 21501., together with the additions from

constant applications are made for all description of Shares. bonuses of 3901. 11s. 8d., annual premium 671. 108. lld. Lot 2. A Judgment Debt against the late Lord Kensington for 18001., which has Printed by HENRY HANSARD, at his Printing Office, in Parker been duly registered; Particulars to be had of Messrs. Tatham and Street, in the Parish of St. Giles-in-the-Fields, in the County of MidProctor, solicitors, 10, New-square, Lincoln's-inn ; Mr. Christopher dlesex; and Published at No. 3, CHANCERY LANE, in the Parish of Crouch, solicitor, Southampton-buildings, Chancery-lane; at Garra- St. Dunstan in the West, in the City of London, by HENRY SWEET, way's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lan- residing at No. 34, Porchester Terrace, Bayswater, in the County of caster-place, Strand.

Middlesex.-Saturday, January 13, 1855.


No. 2, NEW SERIES.-Vol. I.
No. 941, OLD SERIES.-Vol. XIX.

JANUARY 20, 1855.

PRICE 1s., or with Digest Supplement, 2s.


CHANCERY PRACTICE. LAW PARTNERSHIP:-A Gentleman, having a thorough tormwledge of Conveyancing and Chancery, and some acquaintance SIDNEY SMITH'S HANDBOOK OF CHANCERY

PRACTICE, with Forms. In One Volume. A Second Edition in a large London Firm for the last six years, is desirous of entering will shortly be published. into an eligible PARTNERSHIP as WORKING PARTNER. Capital

W. Benning & Co., 43, Fieet-street. from 20001. to 3000!. The highest references given and required. Address M. M., Messrs. Cartwright & Sons, Chancery-lane.



day is published, in 1 vol. 12 mo., price 188. cloth, The Miscellaneous Library of the late Sir T. E M. Turton.

PRACTICE of the HIGH COURT of MR. HODGSON will SELL by AUCTION; at his New CHANCERY relative to the Conduct of Suits by Bill, Claim, or

Auction Rooms, the corner of Fleet-street and Chancery-lane, Original Summons, and to Proceedings in the Judges' Chambers and on FRIDAY, Jan. 26, and three following days, (Sunday excepted), at Masters' Offices: including Forms of Costs and numerous other forms, half-past 12, a COLLECTION of VALUABLE BOOKS, including the the Practice relating to Special Cases, the several Acts concerning Library of the late Sir T. E. M. Turton; comprising, among many other Trustees and Charitable Trusts, and the Indemnity of Executors and standard and valuable works-In folio: Maps of The Society, 2 vols.; Administrators, with the Orders and Decisions of the Court thereunder; Manning & Bray's Surrey, 3 vols.; Poli Synopsis, 5 vols., &c. Quarto: and a copious Index. By HENRY JARMAN. Froissart Chroniques, 3 vols., (black letter, 1493); a large Collection of London: W. Maxwell; S. Sweet; and Stevens & Norton, Law Old Plays, printed in 1640, &c.; Holinshed's Chronicles, 6 vols.; Rees's Booksellers and Publishers. Cyclopædia, 45 vols.; Tredgold on the Steam-engine, 2 vols.; &c. Octayo, &c.: Howell's State Trials, 34 vols.; Hansard's Parliamentary BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. Debates, 100 vols.; Chalmers's Poets, 21 vols.; Pantalogia, 12 vols.;

Price 278. cloth boards, drupeds, large paper; Comber's Works, 7 vols.; Tracts for the Times,


and PRACTICE as to PROOFS in COURTS of COMMON 5 Fols.; Oratores Attici, 10 vols.; the Works of Byron, Scott, Dickens, LAW; with Elementary Rules for conducting the Examination and Thackeray, and others, many in handsome bindings.

Cross-examination of Witnesses. By W. M. BEST, A.M., LL.B., of To be viewed, and Catalogues had.

Gray's-inn, Esq., Barrister at Law. Second Edition, with & SUPPLE

MENT, shewing the Alterations effected by the Common-law Procedure The Library and remaining Publications of the late John Minter Act and other Statutes of 1954. Morgan, Esq.

* The SUPPLEMENT can be had separately, price 25., sewed in MR. HODGSON will SELL by AUCTION, at his New wrapper. Auetion Rooms, the corner of Fleet-street and Chancery-lane,

S. Sweet, 1, Chancery-lane. on THURSDAY, Feb. I, at half-past 12, (by order of the Executors), the LIBRARY and REMAINING PUBLICATIONS of the late J. M. POLLOCK'S PRACTICE OF THE COUNTY COURTS. Morgan, Esq. In this Collection will be found numerous Works on

In 1 vol. royal 12 mo., price 188. cloth boards, Philanthropy, Political Economy, Education, and Theology; together with the usual standard Historical and other Works, in good preservar THE PRACTICE of the COUNTY COURTS; in Eight

Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly tion. The Publications comprise The Phenix Library, a selection of Original and other Works, in 13 vols., of which there are about 3000

and Industrial and Provident Societies Acts.-3. Jurisdiction under

Joint-stock Companies Winding-up Act.–4. Jurisdiction as to Insolvent vols., in cloth and quires; also numerous copies of Hampden in the

Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against Nineteenth century, 3 vols. 8vo.; The Revolt of the Bees, 8vo., fscp.; Judgment Debtors.-7. Arrest of Absconding Debtors.-S. AdministraThe Christian Commonwealth, &c. A few Prints, framed and glazed, a

tion of Charitable Trusts. With the Decisions of the Superior Courts, Barrel Organ, an Electrifying Machine, a pair of Globes, &c.

and Table of Fees. Also an Appendix, containing all the Statutes, a To be viewed, and Catalogues had.

List of the Court Towns, Districts, and Parishes, and the Rules of The valuable Theological Library of the late Chancellor Raikes.

Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of

the Inner Temple, Barrister at Law. The Second Edition, much MR. HODGSON has received instructions from the Exe.

enlarged. cutor of the late Chancellor Raikes to SELL by AUCTION, at

S. Sweet, 1, Chancery-lane. his New Auction Rooms, the corner of Fleet-street and Chancery-lane, this important and extensive COLLECTION OF THEOLOGICAL THE COMMON-LAW PROCEDURE ACT, WITH THE NEW BOOKS, comprising the Works of the most eminent Divines, Ser

RULES, &c. 1854. mons, Commentaries, Church Histories, &c. The whole in excellent

Just ready, in 1 vol. 12mo., price 10s. cloth boards, preservation. Catalogues are preparing.


(17 & 18 Vict. c. 125); with Treatises on Injunction and kelief, TO BE SOLD, for the value of the Fixtures, the LEASE Sun., of the Inner Temple, Esqrs., Barristers at Law. Also, a Treatise


By HENRY THURSTAN HOLLAND and THOMAS CHANDLESS. pires at Lady-day, 1867. The Premises are held at the low rent of 561. Inspection and Discovery, under the above Act and the 14 & 15 Vict. per annum. The House (except the suite of three convenient offices

c. 99. By CHARLES EDWARD POLLOCK, of the Inner Temple, on the ground floor and a cupboard under the kitchen stairs) is re

Esq., Barrister at Law. Together with Notes, Cases, Index, and the

New Rules and Forms of Michaelmas Vacation, 1854. spectably underlet to a family, at 501. per annum, for a term which expires at Midsummer, 1857. The lessee pays the taxes, and the un

S. Sweet, 1, Chancery-lane, London. dertenant provides a laundress for the offices. Apply to Messrs.

NEW SEWERAGE DISTRICTS. Nicholls & Doyle, 2, Verulam-buildings, Gray's-inn, Solicitors.

This day is published, in 12mo., price 28. sewed, TO GOVERNORS OF GAOLS, POLICE OFFICERS, PRACTICAL DIRECTIONS for the FORMATION of &c.-At the LONDON SCHOOL of PHOTOGRAPHY, 78, New

SEWERAGE DISTRICTS, and for the Conduct of Sewerage gate-street, NO CHARGE is made for INSTRUCTION in' PHOTO Boards, in the Neighbourhood of the Metropolis, under the Statute GRAPHY, and every facility may be obtained for applying the art to

17 & 18 Vict. c. 111; with the necessary Forms, and an Abstract of all the detection of criminals and other purposes. Sets of first-rate Appa- rister at Law; Author of " The Parish: its Obligations and Powers,” &c.

the Metropolitan Sewers Acts. By TOULMIN SMITH, Esq., Barratus may be purchased from 5). and upwards.

S. Sweet, 1, Chancery-lane.
Just published, in 1 thick vol., 8vo., price 11. 108. cloth boards,


Just published, in 1 vol. 12mo., price 14s. cloth, and RAILWAY INVESTMENTS. With the cases on Com- THE PARISH : its Obligations and Powers; its Officers, pensation, Mandamus, Injunction, and Railway Rating; Remarks on and their Duties. With Illustrations of the Practical Working of the Extent of the Jurisdiction over Railways conferred on the Court of this Institution in all Secular Affairs. By TOULMIN SMITH, of Common Pleas; and on the Equitable Jurisdiction in Railway Transac- Lincoln's-inn, Esq., Barrister at Law. tions recently transferred to all the Courts of Common Law; also the

S, Sweet, 1, Chancery-lane.
Practice in Committees in Parliament on passing Railway Bills. The
Appendix contains all the Statutes, with Notes referring to the Treatise;

EQUITABLE DEFENCES, &c. and Precedents of Deeds, Notices, Warrants, Bonds, &c. By WILLIAM

This day is published, in 12mo., price 4s. boards, HODGES: Esqzaif the Inner Temple, Barrister at Law, Recorder of A TREATISE on EQUITABLE DEFENCES and RI London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and 1854. By JOHN D. MAYNE, Esq., of the Inner Temple, a frister Publisher.

at Law,

S. Sweet, 1, Chancery-lane. No. 2, Vol. I., New SERIES.


In I vol. 12 mo., price 4s. 6d. cloth boards,


In 1 vol. 8vo., price 163. cloth,


DESIGXS; and the COPYRIGHT and REGISTRATION of SCULP- intended for the use of Students in Conveyancing. The Second

TURE; with Practical Directions: the Remedies, Pleadings, and Edition, enlarged. By JOSHUA WILLIAMS, Esq.. of Lincoln's-inn,

Barrister at Law.

Eviience in Cases of Piracy: with an Appendix of Tables of Fees, Sta-

tutes, and the Rules of the Board of Trade. By JOHN PAXTON

S. Sweet, 1, Chancery. lane.

NOEMIN, M. A., of the Inner Temple, Special Pleader.


S. Sweet, 1, Chancery-lane.

In I vol. 8vo., 3rd edit., 188. cloth boards,



Just published, price 5s. cloth bds.,

intended as a First Book for the use of Students in Conveyancing.

TE RIGHTS of BRITISH and NEUTRAL COM. By JOSHUA WILLIAMS, Esq., ochLincoln's-inn, Barrister at Law.

VERCE, as affected by recent Royal Declarations and Orders in


Couro By JOHN HOSACK, of the Middle Temple, Barrister at Law.

In 8vo., price 108. boards,

S. Sweet, 1, Chancery-lane.



GAGES, containing a Statement of the Law respecting the Liens

Price 3s. boards,

of Vendors and Purchasers, of the Rights and Remedies of Equitable

A TREATISE on the POWER of the COURTS of COM. Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to

SON LAW to compel the Production of Documents for Inspec-

Equitable Mortgages, of the Priority of Judgments over Equitable Mort-

gages; with Observations on the Dictum of Lord Cottenham, and the

tion with an Appendix, containing the Act to Amend the Law of

Judgment of the Vice-Chancellor Wigram in WHITWORTH U. GAUGAIN,

Evince, 14 & 15 Vict. c. 99, and Notes thereto. By CHARLES

EDWARD POLLOCK, Esq., of the Inner Temple.

and on the Course of Proceeding on the Bankruptcy of an Equitable

S. Sweet, 1, Chancery-lane.

Mortgagor; with an Appendix, containing the Judginent of the Vice-

Chancellor Wigram in WHITWORTI U. GAUGAIN, Forms for Equitable

CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL. Deposits, &c., and an Index. By SAMUEL MILLER, Esq., Barrister

In 1 vol. royal Svo., price 11. Ils. 6d. cloth,

at Law.


S. Sweet, 1, Chancery-lane, Fleet-street.


TRACTS NOT UNDER SEAL, and upon the usual Defences to

In one volume, price 17. 18. cloth boards,

Actic is thereon. By JOSEPH CHITTY, Juin., Esq. The Fifth Edi-

tion. By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at


Lak, and Professor of English Law in University College, London,

EXCHANGE.-A Treatise on the Law of Bills of Exchange,

S. Sweet, 1, Chancery-lane.

Promissory Notes, Bank Notes, Bankers' Cash Notes, and Cheques.

The Sixth Edition. By JOHN BARNARD BYLES, Serjeant at Law.


S. Sweet, 1, Chancery-lane.

In 1 vol. Svo., price 20s. in cloth boards,




In I vol. 12 mo., price 14s, in cloth hds.,

SHIPPING, with an Appendix, containing all the Statutes of



1849, (12 & 13 Vict. c. 106), and the ABSCONDING DEBTORS

ED''RD POLLOCK, Esqrs., of the Inner Temple, Barristers at Law.

S. Sweet, 1, Chancery-lane.

ACT, with the New Rules, an Introductory Analysis, and Notes, and

a very copious Index. Second Edition. By EDWARD WISE, Esq.,


of the Middle Temple, Barrister at Law.

Rec.. iy published, in 1 vol. 12 mo., the Second Edition, price 12s. cloth

S. Sweet, 1, Chancery-lane.

boards, of


THE LAW OF HORSES; including the Bargain and Sale In 1 vol. cloth boards, price 158., the Fourth Edition, enlarged, of

Chattels; also the Law of Racing, Wagers, and Gaming. By

GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple,


with Practical Notes By

Bar: '-ter at Law, Author of "The Law of Pews and Prohibition,"

W. HAYES and T. JARMAN, of the Middle Temple, Esqrs.

Barristers at Law,

"T. Law of Church Ornaments," &c.

S. Sweet, 1, Chancery-lane.

S. Sweet, 1, Chancery lane. Fleet-street.

In 1 vol. royal 8vo., price 188. cloth boards,


In 12mo., price 58. cloth boards,


CONVEYANCING, Title " Purchase-deeds;" containing the re-

THE LAW and PRACTICE of FOREIGN ATTACH. cent Statutes relating to the Practice of Conveyancing, including the

MENT in the LORD MAYOR'S COURT, under the NEW Trustee Act, 1850, the Stamp Act, and the Attendant Terms Act.

RII.LS of PRACTICE. With an Appendix of the Forms of Proceed- With a Summary of the Stamp Laws, Precedents of Conditions of Sale,

ing ... Attachment and in ordinary Actions. By JOHN LOCKE, M.A., copious Notes, and an Index. By GEORGE SWEET, Esq., of the

brister at Law, and one of the Common Pleaders of the City of Inner Temple, Barrister at Law.

S. Sweet, 1, Chancery.lane, Fieet-street.

S. Sweet, 1, Chancery-lane.


SIR E. SUGDEN ON THE LAW OF VENDORS AND This day is published, in royal 8vo., price ll. lls. 6d. in cloth boards,


Vol. 4 of

In I thick vol. 8vo., price 11. 1s. cloth boards,

TICAL UTILITY, with Notes thereon. By W. N. WELSBY


By Sir

and EDWARD BEAVAN, Esqs., Barristers at Law.


Sweet, 1, Chancery.lane; Stevens & Norton, 26, Bell-yard, Lincoln's-

S. Sweet, 1, Chancery-lane.



In 1 thick voi. royal 12mo., price 24s. cloth boards,

In 1 vol. 8vo., price 16s. cloth boards,


MINAL CASES; with the Statutes, Precedents of Indictments,

lations of Time, Estates Tail, Dower, Descent, Operation of Deeds, &c.; and the Evidence necessary to support them. By JOHN JERVIS,

Mie wer of Attendant Terma, Defective Executions of Powers of Leasing, Esq., (now Lord Chief Justice of her Majesty's Court of Common Pleas.

Wis. Trustees, and Mortgagees. By Sir EDWARD SUGDEN.

The Twelfth Edition, including the Practice in Criminal Proceedings

S. Sweet, 1, Chancery-lane.

generally. By W. N. WELSBY, Esq., Barrister at Law, Recorder of


In ! vol. royal 8vo., price 11. 11s. 6d. cloth boards,

S. Sweet, 1, Chancery-lane, and V. & R. Stevens & G. S. Norton,

A TREATISE on the LAW Of PROPERTY, as adminis- Bell-yard, Lincoln's-inn, Law Booksellers and Publishers.

tered by the HOUSE of LORDS. With an Introductory Chapter

en ??? Jurisdiction of the House of Lords. By the Right Hon. Sir



Price Is. 6d. sewed,

S. Sweet, 1, Chancery-lane.



MASTERS; also, the Table of Office Fees, and Regulations as to

the Admission of Attornies. Edited by THOMAS CHITTY, Esq.

In 2 vols. royal 8vo., price 21. in boards,

S. Sweet, 1, Chancery-lane; V. & R. Stevens & G. S. Norton, 26, Bell-

A "RACTICAL TREATISE on POWERS; By the yar Lincoln's-inn.

Right Hon. Sir EDWARD SUGDEN. The Seventh Edition.

S. Sweet, 1, Chancery-lane.



Recently published, in 12mo., price 3s. 6d. sewed,

ENGLAND and WALES, with the LAW of TITHES in reference

to those Acts, and Directions and Forms as settled by the Commis-

A SUPPLEMENT to the COMMON-LAW PRO. sioners; also the Report as to Special Adjudications, &c., and the Plans.

CEDURE ACT, 15 & 16 Vict. c. 70, containing the NEW By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister

RT: s of PRACTICE, Table of Fees and Costs, Regulations respect- at Law. Third Edition. With a Supplement containing the Tithe

ing Admission of Attornies, the Cases to the end of Hilary Terin, Amendment Acts, 9 & 10 Vict. c. 73, and 10 & 11 Vict. c. 104, and the

General index to the whole. By EDWARU WISE, Esq., of the recent Cases on the Construction of the above Acts. Price 188. boards.

Mic l'emple, Barrister at Law.

The Supplement may be had separately. Price 28. Od.

The Work complete, price 158. in cloth boards.

S. Sweet, 1, Chancery-lane; v. & R. Stevens & G. S. Norton, 26,

S. Sweet, !, Chancery.lanc.

Bell-yard, Lincoln's-inn, Law Booksellers and Publishers.

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Leading Article

15 Court-Jurisdiction, local-Real estate in a foreign

Notes of the Week


country- Appointment of several guardians)... 37

Correspondence :-Photography a Criminal Detector

To Correspondents



Regulæ Generales :-Orders in Lunacy..

By MATTHEW B. BEGBIE, Barrister at Law.


Procedure in Chancery


Pinchin v. The London and Blackwall Railway Com-

Public Examination of Students..


pany.-(Public company-Notice of intention to

Commissioners to administer Oaths in Chancery 19

take an easement in lands -- Taking part or whole

London Gazettes ....


of a manufactory)..





By G.J.P. Smith and W. B. Brett, Barristers at Law.

By T. EDWARDS, Barrister at Law.

Carpenter v. Dunsmure. — (Devise Construction -

Fleming v. Šelf.—(Building society-Mortgage-Re-

To heirs, executors, administrators, and assigns

demplion6 & 7 Will. 4, c. 32– Arbitration)..

pur autre vie"-Special occupant).



Hughes o. Humphreys.-(Sale of wheat by hobbet"

By F. FISHER, Barrister at Law.

- Weights and measures-5 8. 6 Will. 4, c. 63, 8. 6) 42

Chaffers v. Baker.-(Practice-Motion to take bill pro

Kershaw v. Kershaw.-(Devise-- Construction-Estate

confesso, under Order 79 of May, 1845- Notice of) 32

for life, with remainders to the sons of the body-


In re Cameron's Coalbrook Steam-coal and Swansea

Default of issue)....

and Lougher Railway Company.-Ex parte Green.

Baker v. Marsh.-(Municipal corporation-Qualifica-

-(Joint-stock Companies Winding-up Amendment

tion of councillor Rating " Annual value''.


Act, 1849—Construction of the 33rd section of ).. 33

58. 6 Will. 4, c. 76, s. 28)



By G. Y. Robson, Barrister at Law.

By W. M. Best, Barrister at Law.

Field o. Moore.-(Ward of Court-Married woman- The North British Assurance Company v. Lloyd.-(Gua-

Setllement under order of Court-Power to dedise

rantie-Non-disclosure of facts Fraud)


real estate- Acknowledgment of deed)


Hinton o. Mead.-(Practice-Award-- Rule)



Elliott v. Bishop.-(15 g. 16 Vict. c. 76, ss. 46-48-

By C. MARETT, Barrister at Law.

Special case- - Costs).


Haggett o. Iniff.-(Practice-Affidavit)

36 Thol v. Lease.—(Practice-Interrogatories under 17 8


18 Vict. c. 125, s. 51)

By T. F. MORSE, Barrister at Law.


Dawson 7. Jay, and In re Dawson.-(Guardian and

By J. P. DEANE, D.C.L.

ward-Custody of infant- Order of an American The Soglasie.—(Sale of ship-National character).... 47


tween persons filling this relation does not rest on any

refinement or fiction of the common or canon law, but


upon grounds of public policy, for the sake of domestic

confidence, peace, and happiness. It differs from the

In Wenman v. Ash (17 Jur., part 1, p. 579; 22 L.J., privilege accorded to other communications, which are

C. P., 190) the Court of Common Pleas decided that dependent upon the particular occasion on which they

an action is maintainable for sending a letter to a mar-

are made: this is independent of all occasions; it arises

ried woman containing a libel upon her husband. It out of a permanent relationship, and is co-extensive

was sought in vain to put the case in the same cate with it—nay, extends beyond it; for not even after

gory with those, in which it had been held that sending the husband's death can anything be extracted from

a libel to the plaintiff himself was no publication. The the bosom of the wife which has been confided there

Court disregarded the old fiction of unity of person, by him*. The privilege is unlimited, unqualified, and

"quia sunt duæ animæ in carne unâ ;” and Maule, J., may well be subject to incidents different from those

said, “ As to the argument, that in the eye of the law which prevail with regard to ordinary privileged com-

husband and wife are but one person, that is not so

munications. The latter may, no doubt, be rebutted

for all purposes. If a man kills his wife he commits and neutralised. The protection cast around the occa-

murder, not suicide.” In a more recent case*, in the sion which justified the communication is removed as

same court, the question has been raised, whether a soon as actual malice is shewn to have instigated the

man is liable to an action for sending to his wife a party making it. There is no inconvenience, no in-

letter containing a libel on a third person, it being justice, no aggression on public policy by the adop-

shewn that he was at the time actuated by express tion of this rule. But how different is the case when

malice against such third person. Although the parties the conversation of the home, in the moments of

have come to an arrangement without any judicial de- unrestrained confidence, of relaxation, of “castled se-

cision upon the point, it involves considerations of suf- curity,” is to be divulged in a public court, perhaps

ficient interest for us to discuss it in our pages.

by a servant who heard the words; and all this would

There is no doubt that communications between be done before the question of malice or no malice

husband and wife belong to the highest class of privi- could be entertained. There are surely cogent reasons

leged communications, and as such they have been for not allowing this privilege to be affected even by

excepted by the recent statute (16 & 17 Vict. c. 83, malice itself—not for the sake of protecting malice,

s. 3) from the testimony which husband and wife may but of preventing investigations, the possibility of

be compelled to give against each other. The sacred which would be a great public evil, outweighing a

character attached to words and letters which pass be-

* See Monroe v. Twistleton, (Peake's Ev., App., xxxix);

O'Connor v. Marjoribanks, (4 Man. & G. 444, per Tindal,

* Lefroy v. Cridland, (Hil. T., 1855).

C. J.); and Stein v. Bowman, (13 Peters, 223, Amer. Rep.)

No. 2, Vol. I., New Series.



regard for the private injury that may have been in- plaintiff's counsel applies for it. Immediate execution fieted. In O'Connor v. Marjoribanks (4 Man. & G. will be granted only on production of a sufficient affi44.5) it was held that a widow was not admissible as a

davit for that purpose. witness to shew that she pledged goods by her lius- At a meeting of the Law Amendment Society, (Jan. land's authority, in an action brought by his executors 15), a paper was read by Mr. Woolrych, recommending

the extension of the summary jurisdiction of magis to recover the goods; and Maule, J., there (p. 445) uses

trates to all cases of petty larceny. words illustrative of the present question—“The textlooks generally give, as the reason for the rule as to Dr. Waddilove read a paper upon the Law of Blockade.

At a meeting of the Statistical Society, (Jan. 15), excluding the testimony of husband or wife, the necsity of preserving the confidence of the conjugal Tynemouth on the lith January, observed that the form

Mr. W. S. Lindsay, M.P., addressing a meeting at l'eiation; and that may be so. But it by no means of the charterparty still used in England was verbatim follows that the rule is co-extensive with the reason the same as in the days of the Dutch war and Lord Camgiven in support of it; and indeed it would be very perdown; but the French adopted a simple form, like inconvenient if it were so, as the question would fre- that used in the merchant service, and were in this quently be raised as to whether or not some particular respect greatly in advance of us. communication or fact occurring between husband and

Fifteen of the sixty county court judges have had wife was of a confidential character, which would give their salaries raised to the maximum, 15001., instead

of the minimum, 12001. per annum. rise to endless embarrassment and distrust.”

It would not be an anomalous case were this rule to die üilopted, as we believe, when the point again arises,

Correspondence. it will be, to the full extent for which we are contending.

TIIE JURIST." There are other instances of communications being

Sir,- In your leadling article in last Saturday's « liighly privileged, upon principles of public policy, JURIST (18 Jur., part 2, p. 521), you notice the act of is not to be affected by the presence of malice. the 27 Hen. (;, c. 5, prohibiting the holding of fairs on Thus, for libels published or slander uttered in the Sundays, the four Sundays in harvest except." aslip course of parliamentary or judicial proceedings,

I infer, from the omission of all notice of it, that 1.6 action of libel or slander can be maintained, what you have overlooked a recent act repealing the ex

ception, and take the liberty of directing your attentver may have been the malice of the defaming party. tion to it. (See Lord Beauchamps v. Sir Richard Croft, Dy. The act I refer to is the 13 Vict. c. 23, which, after 28.5 a; Astley v. Younge, 2 Burr. 807; Anfield v. reciting the 27 Hen.6, c. 5, enacts," that the exception forrhill, 2 Bulst. 269; Roll. Ab. 87, pl. 4; 1 Stark. of the four Sundays in harvest contained in the said Libel, 246, note (24); and Stockdale v. Hansard, 9 Ad. act shall be repealed, and the said act shall be con& El. 1).

strued as if such exception were not inserted therein."

I am, Sir,
Your obedient servant,


4, New-square, Lincoln’s-inn,

Jan. 10, 1855. The Court of Queen's Bench (Jan. 13) discharged

[We are much obliged to our correspondent for the rule for a criminal information obtained against Mr. calling our attention to the above statute, which we Marshall, the judge of the Yorksbire County Court, for had overlooked.-Ed.] reiu-ing to allow Mr. Shaw, a barrister, to practise die fore him, but discharged it without costs, and on the i PHOTOGRAPHY A CRIMINAL DETECTOR. - freund that Mr. Shaw had made a previous application

THE JURIST.” in the matter to the Lord Chancellor.

SIR, -The importance of applying the discoveries o. In the case of Gibson v. Sturge, in the Court of Ex- science to the detection of criminals, and the prevenchequer, (Jan. 13), it appeared that wheat, which had tion of future crime, will be sufficient excuse for my 1 ee shipped at Odessa, had become swollen by reason troubling you with the inclosed extract from the of moisture during the voyage, whereby it measured a Glasgow Daily Mail, which will form an appropriate greater number of quarters at the port of delivery than

“ rider” to the paragraph which appeared upon this at tire shipping port. The Court (Martin, B., dissen- of taking a prisoner's likeness” was, on his admis

subject in your last week’s paper. The former mode 11-nte) held, that in the absence of any contract to the sion, to place him in an ante-room, and for all the Contrary, freight was payable on the quantity shipped, officers of the gaol to pass by him—a dismal train, like and not on the quantity delivered.

the ghosts that appeared before Macbeth—until they in Gore v. Bowser, Sir J. Stuart, V. C., has held But such a likeness was not transmissible from prison

had become acquainted with his personal lineaments. (Jan. 15) that an equitable interest in leasehold pro- to prison. The doers of dark deeds will hate the light poroty may be reached under a fi. fa. issued upon a judg- more than ever, when it not only discloses their present mnient which had not been registered in pursuance of actions, but tlırows its full glare upon their antecedent the 1 & 2 Vict. c. 110*.

history. The extract is as follows:The practice adopted during the Nisi Prius Sittings that Captain Smart, the superintendent of police in

“We lately called attention to the circumstance, in this term is to allow execution in undefended causes

Glasgow, contemplated the introduction of a system of te issue in four (instead of fourteen) days, when the taking the portraits of the thieves and vagabonds who

passed through his hands, by the photographic process, * See 1 Chit. Arch. Prac. 579.

for the purpose of facilitating their detection and of


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