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JAW PARTNERSHIP.-A SOLICITOR, admitted in | MR. SERJEANT STEPHEN'S NEW COMMENTARIES ON THE 1853, having a small but respectable Practice in the City, is de
LAWS OF ENGLAND.-THIRD EDITION. sirons of joining a Gentleman of longer standing, as WORKING
Just published, 4 vols. 8vo., 41. 48. cloth, (dedicated, by permission, to PARTNER, upon payment of a moderate premium. Address, stating
Her Majesty the Queen), amount of premium required, and full particulars, to A. B., Ladd's,
NEW COMMENTARIES on the LAWS of ENGLAND, Post-office, Harrow-road. Principals only will be treated with.
in which are interwoven, under a new and original arrangement
of the general subject, all such parts of the WORK of BLACKSTONE I AW.-WANTED, by a Married Man, aged 27, a SITUA. as are applicable to the present times. Together with full but comU TION as COPYING and GENERAL CLERK. The advertiser
pendious Expositions of the Modern Improvements of the Law up to is a rapid and good writer, can abstract deeds, draw small plans, &c.,
the latest period, the original and adopted materials being throughout and would make himself generally useful. Good reference. Address,
the work typographically distinguished from each other. By HENRY J. D., Mr. Hutchinson's, 37, Wilton-square, New North-road, Islington.
JOHN STEPHEN, Serjeant at Law. Third Edition. Prepared for the
press by JAMES STEPHEN, of the Middle Temple, Barrister at Law, The Residue of the valuable Library of the late Thomas Jolley, Esq.,
and Professor of English Law, &c. at King's College, London. P.S. A.; also the celebrated Garrick's Shaksperian Cup.
From the Law Magazine.-“We have long regarded this as the most Messrs. S. LEIGH SOTHEBY and JOHN WILKINSON. A
valuable law-book extant. We inake no exception. We believe, moreof Literary Property and Works illustrative of the Fine Arts, will
over, the labour saved to the student by this work to be invaluable. SELL by AUCTION, at their House, 3, Wellington-street, Strand,
Nor are we sure that any amount of labour could give him the same on TUESDAY, the 16th January, 1855, at 1 precisely,
comprehensive insight to the science he is about to enter upon. It is THE RESIDUE of the valuable LIBRARY of the late
the grammar of the law. It is sheer nonsense to talk of the worth of 1
Blackstone dow-a-days. We undertake to say that the student who THOMAS JOLLEY, Esq., F. S. A., (forming the Fifty-third
should read him now would have to unread hall the work contains, and Day's Sale of the entire Collection); comprising some curious and rare
add as much more to his information when he had exhausted all that Books, early Voyages and Travels, Facetiæ, Poetry, Drama, Impostures,
Blackstone knew. This results not merely from the changes which and other curious subjects. Also GARRICK'S CELEBRATED CUP. sormed from the Mulberry Tree planted by the hand of Shakspere, with an
have since taken place, but from the diffuse and often verbose style in
which Blackstone wrote his very faulty work, which it has been the inscription on the stem from the Ode of Garrick, by whom it was used at
fashion of a comparatively illiterate age to laud and extol. We venture the representation of the Shaks perian Jubilee at Drury-lane. To which is added another Collection of Books, in Spanish, Italian, French, and
to suggest to Serjeant Stephen to discard Blackstone altogether, and to English Literature; which contains a copy of the scarce Romancero
rewrite the passages he has modestly but injudiciously interpolated in General, of Madrid, 1604, with the extremely rare Second Part, printed
his own infinitely superior composition. We may here allude to the at Valladolid, 1605.
great care taken by Mr. James Stephen, to whom much credit is due May be viewed two days previous, and Catalogues had; if in the
for the intelligent zeal and diligence he has evinced in preparing this
edition of Stephen's Commentaries for the press." country, on receipt of six postage stamps.
From the Legal Observer.-"We welcome a new and third edition A valuable Collection of Books, the Property of a Gentleman.
of Mr. Serieant Stephen's Commentaries on the Laws of England, Messrs. S. LEIGH SOTHEBY and JOHN WILKINSON, Auctioneers
founded on the text of Blackstone. In this edition the learned author of Literary Property and Works illustrative of the Fine Arts, will
has been ably assisted by his son, Mr. James Stephen. They have, SELL by AUCTION, at their House, 3, Wellingtou-street, Strand,
with great diligence and accuracy, digested the chief alterations in the
law since the last edition of the work-a task of great difficulty, reon WEDNESDAY, the 17th January, 1855, and three following days, at 1 o'clock precisely,
quiring no ordinary knowledge of the law as it was and as it is, with an
extraordinary power of condensing and arranging the changes which A VALUABLE COLLECTION of BOOKS, the pro.
have been effected in nearly all departments of our judicial system from perty of a Gentleman; comprising Voyages and Travels in all
year to year. The arduous task of this new edition has been ably perlanguages, many relating to America; a large Collection of American
formed. We know not any work which, taken as a whole, can be comprinted Tracts and Sermons, many of which are scarce; Works on the
pared with the Commentaries as the first introduction to the study of American Indians, by early American Divines; Divinity, History,
the laws of England, whether for the use of the lawyer, the legislator, or Topography, and Poetry; Works on Angling: Mystical Books, and
the private gentleman." Works on Astrology ; Collections of Tracts, Illustrated Books, Pri
Prom the Justice of the Peace.-"To speak in terms of approbation vately-priated Books, Mathematical Books, &c.; including the Works
of a work on which the fiat of public opinion has so unmistakeably set of Baxter. Lightfoot. Manton, Goodwin, Charnock, Bramhall, Laud, its stamp would be altogether an act of supererogation. Every one Hooker, Cotton. Edwards, Usher, Behmen, and other eminent Authors.
knows that the last four or five years have been a stirring time in the May be viewed two days previous to the sale, and Catalogues had;
way of legal reform. He will therefore be quite prepared to learn that if in the country, on receipt of six postage stamps.
the present edition of the New Commentaries bears the mark of altera
tion, either in text or note, in almost every chapter throughout the The valuable Theological, Classical, Astronomical, and General Library work, if not in every page. We honestly and heartily advise him to of the Rev. Dr. Hussey.
turn to the work itsell, and he will find that it not only contains the Messrs. S. LEIGH SOTHEBY and JOHN WILKINSON, Auctioneers
latest information upon almost every subject he may require to be inof Literary Property and Works illustrative of the Fine Arts, will
formed upon, but that as in former editions, so in this, whatever is SELL by AUCTION, at their House, 3, Wellington-street, Strand, on
handled is treated in that perspicuous and scientific manner which MONDAY, the 22nd January, 1855, and four following days, at I o'clock has hitherto contributed to extend the reputation of the New Comprecisely,
mentaries." THE VALUABLE THEOLOGICAL, CLASSICAL, Prom the Law Times.-"Assuming that all prudent practitioners
1 ASTRONOMICAL, and GENERAL LIBRARY of the Rev. and students will wash their hands of the past, and begin to form small Dr. HUSSEY: comprising Biblia Sacra Polyglotta, edidit Brianus Wal- ! practical libraries entirely of the recent law, they could not find a better tonus, eum Castelli Lexico, 8 vols.; Biblia Hebraica, cum notis criticis, foundation than this third and new edition of Serjeant Stephen's Comauctore Houbigant, 4 vols.; Biblia Hebraica, edidit Kennicott, 2 vols.; mentaries, which has been moulded throughout to the present state of Biblia Græca, ediderunt Holmes et Parsons, 5 vols. in 3; Biblia Maxima, the law, and comprises all the recent alterations. Every lawyer knows eum Annotationibus N. d Lyra, and other learned critics, 19 vols. in 10, the worth of this famous work as it came from the hands of its author; a fine copy; Bibliotheca Maxima veterum Patrum, ex editione M. de la we can assure them that it has lost none of its value in the hands of his Bigne, 27 vols. in 18, a fine set; Bullarium Magnum Romanum a Leone son, who has performed his laborious task of editing all, and rewriting Magno ad Benedictum XIV, 19 vols. in 11; M. de Calasio, Concordantiæ much, with the same care, the same industry, the same mastery of the Sacrorum Bibliorum Hebræorum, ed. Romaine, 4 vols.; Conciliorum principles of our law, and in the same clear and graceful style, that Acta, studio Harduini, fine copy, in 12 vols.; Critici Sacri et Thesauri, a recommended the compositions of his father to popularity, even more Ine copy, in 13 vols.; Rosenmüilleri Scholia in Vetus et Novum Testa than the fulness of learning, without its parade, that distinguishes these mentum, 18 vols.; Ortus Vocabulorum, the rare first edition, by Wynkyn Commentaries. We heartily recommend these Commentaries as beyond de Worde; Promptorium Parvulorum, by Pynson, a work of great rarity. measure the best book that has ever appeared to form a foundation for
Among the Astronomical Works may be enumerated the Cambridge | the study of the law of England." Astronomical Observations, 16 vols. in 17; the valuable Greenwich Observations, made under the direction of Professor Airy, 30 vols.; Astro
QUESTIONS ON STEPHEN'S NEW COMMENTARIES. nomical Observations by Mr. Johnson, at the Radcliffe Observatory,
Also, just published, 8vo., 30s. 6d. cloth, from 1840 to 1851, 12 vols.; Works of La Place, Schumacher, Vince, QUESTIONS for LAW STUDENTS on the THIRDMontucla, Delambre, and other distinguished Astronomers.
EDITION of Mr. SERJEANT STEPHEN'S NEW COMMEN Among the Miscellaneous Books will be found a very fine set of TARIES on the LAWS of ENGLAND. By JAMES STEPHEN Grose's Antiquities of England, Wales, Scotland, and Ireland, 10 vols. :) the Middle Temple, Barrister at Law, and Professor of English the best edition of Stowe's London, by Strype: and other valuable works. &c. at King's College, London.
Nay be viewed two days previous to the sale, and Catalogues bad; if London: Published by Messrs. Butterworth, 7, Fleet-street, Law n the country, on receipt of six postage stamps.
Publisbers to the Queen's most Excellent Majesty. VOL. I. -New Series.
A Stamped Edition, to go free by Post, will be forwarded to any Address,
for One Year, on receipt of 38., which may be remitted to the Pub-
NEW SERIES - JANUARY, 1855.
Price 2d. Monthly; Stamped 3d. THE FAMILY FRIEND; a Magazine of Domestic 1. Economy, Entertainment, Instruction, and Practical Science,
Page USEFUL HINTSTALES
Posture during Sleep ...... Sketches of the Old Hall.
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Kindness to Servants ..... The Traitor's End ......
Chinese Art of Preserving THE YEAR 1855 bids fair to be one of the most im. SCIENCE
portant and eventful of modern history. On the 6th of January, Practical Illustrations in
Ease of Manner .......... 1855, will be issued the First Number of a New Volume of the ILLUSPhotography, (continued)
Clothing for the Young .... 28 8 TRATED LONDON NEWS; and not merely a New Volume, but of Potichimanie, or Painting on
Landlord and Tenant-Re a New Year-each volume being perfect and complete in itself-conChina and Glass Imitated,
pairs of Houses......
taining, for the time, a faithful record, pictorial and descriptive, of all (with an Engraving) ....
Injurious Effects of Single events of interest in every part of the world. To that limited portion of POETRY
| the public who do not subscribe to this Journal it may be stated, that Recollections ........
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29 The ILLUSTRATED LONDON NEWs has, by its impartial and consistent Autobiography of P. T.
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can, with some pride, be made to the support afforded to all beneficial The Tulip Wreath Flower
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devoted to so important a feature of a Newspaper. On the question of Gossip On CURRENT EVENTS 26 OUR FAMILY COUNCIL. .. the Russian War, during the year 1854, ONE THOUSAND EN
GRAVINGS appeared in the ILLUSTRATED LONDON NEWS, Extensive TO SUBSCRIBERS AND BOOKSELLERS.
arrangements, calculated to improve this popular Journal, and en
gagements such as will greatly enrich its Literary, Scientific, and other THE EDITOR TO
Departments, have been made, and will thus combine on this paper the HIS OLD FRIENDS" AND "NEW FRIENDS."
greatest talent of the day. Third Series, Monthly, price 2d.
The ILLUSTRATED LONDON News has been established thirteen THE FAMILY FRIEND
years, during which period it has received a greater degree of encouCommenced as a Monthly Periodical, the first Number being published
ragement and approbation than any Journal ever published. This is in January, 1849. It quickly triumphed over the obstacles that usually
proved by the Returns of Stamps issued from time to time by order of beset literary undertakings, and in a few months acquired a very large
Parliament. The Stamps applied for the first six months of 1854 was circulation. This success, coupled with the urgent solicitations of
upwards of 2,734,000-shewing a WEEKLY CIRCULATION of UPmany sincere but over-zealous friends, induced a more frequent issue of
WARDS of ONE HUNDRED and THIRTY THOUSAND COPIES! the work, which was accordingly brought out bi-monthly, in January,
Terms (for payment in advance)-Half-year, 138. 6d.; Year, 268. 1850, and continued to be published on the 1st and 15th of every month,
Any of the Volumes of the ILLUSTRATED LONDON NEWS, from the until July 3, 1852, when the
commencement to the present time, may now be had, in paper or cloth. FIRST SERIES, in Six Volumes,
Covers for binding the volumes, 2s. 6d. each. was completed; and a
All Numbers may be sent free by Post to any part of the Kingdom and SECOND SERIES, now in Ten Volumes,
the Colonies. began to be issued in weekly numbers, afterwards bound up into monthly Give an order for Six Months to insure all the gratuitons Prints and parts and quarterly volumes. From all classes of society in every part Supplements, Supplied by all Booksellers and Newsmen, of the kingdom, from the highest personages in the realm, and from
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OFFICE--198, STRAND, LONDON. dered the performance of our duties a labour of love in the widest sense. But it is very generally felt that a weekly issue scarcely allows time for BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1955. the reader to enjoy the large quantity of matter, practically useful, in
Price 27s. cloth boards, structive, and amusing, that fills each number; and that the growth of TREATISE on the PRINCIPLES of EVIDENCE our volumes is too rapid. Therefore it is determined in future to publish
1 and PRACTICE ak to PROOFS in COURTS of COMMON the FAMILY FRIEND monthly, and with the
LAW; with Elementary Rules for conducting the Examination and NEW YEAR commence a NEW SERIES,
Cross-examination of Witnesses. By W. M. BEST, A.M., LL.B., of adopting not merely the original plan of publication upon which the | Gray's-inn, Esq., Barrister at Law. Second Edition, with a SUPPLEwork was started, but also adhering as closely as possible to the spirit of | MENT, shewing the Alterations effected by the Cominon-law Procedure our first conception. We confidently believe that "Old Friends" will Act and other Statutes of 1854, be pleased with this announcement, while we are sure that “New | *** The SUPPLEMENT can be had separately, price 28., sewed in Friends" shall have cause to be satisfied. Every subject that can interest wrapper. our family of friends-new inventions, and discoveries intended to
S. Sweet, 1, Chancery-lane. economise the household and facilitate domestic management, receipts, gossip on current events, designs for the work-table, industrial progress,
THE COMMON-LAW PROCEDURE ACT, WITH THE NEW and practical science-will be varied with articles on general literature,
RULES, &c. 1854. tales, essays, sketches, trifles, and treasures. Our aim will be to have
Just ready, in 1 vol, 12mo.. price 108. cloth boards, something for every one, “kindly in its tone, useful in its object, and THE COMMON LAW PROCEDURE ACT, 1854, moral in its tendency." Each volume is perfect in itself, and forms an 1 (17 & 18 Vict. c. 125); with Treatises on Injunction and Relief, elegant and readable book, embellished with beautiful illustrations, | By HENRY THURSTAN HOLLAND and THOMAS CHANDLESS. diagrams, &c., engraved for the work by first-rate artists.
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c. 99. By CHARLES EDWARD POLLOCK, of the Inner Temple. EXTRACT.
Esq., Barrister at Law. Together with Notes, Cases, Index, and the “We know of no Miscellany more deserving of wide-spread cireulation
New Rules and Forms of Michaelmas Vacation, 1854. than THE FAMILY FRIEND. It is emphatically the Magazine for a
S. Sweet, 1, Chancery-lane, London, Family. Its pages present something for all; there is no member of the domestic circle forgotten, and no class of society overlooked. It is itself
POLLOCK'S PRACTICE OF THE COUNTY COURTS, a Gentleman's Magazine, a Lady's Magazine, a Mother's Magazine, a
In 1 vol. royal 12mo., price 18s. cloth boards, Youth's Magazine, and a Child's Companion. It is, as its title correctly THE PRACTICE of the COUNTY COURTS; in Eight declares, a Magazine of Domestic Economy, Entertainment, Instruc 1 Parts :-). Proceedings in Plaints.-2. Jurisdiction under Friendly tion, and Practical Science.' We have received it into our home circle and Industrial and Provident Societies Acts.-3. Jurisdiction under with great pleasure, for it is not only a family visitor, but really a Family | Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent Friend. We cannot describe its contents; they are an omnium gatherum Debtors.-5. Jurisdiction under Protection Acts.-6. Proceeding: against -a repertory of things pleasant and profitable, of things gay and grave; 1 Judgment Debtors.-7. Arrest of Absconding Debtors.-8. Administraselected with remarkable good taste, and edited with much taet and tion of Charitable Trusts. With the Decisions of the Superior Courts. judgment. It is a work capitally adapted to cheer the happy fireside 1 and Table of Fees. Also an Appendix, containing all the Statutes, a of home, and to aid the development of social affection." - Bradford List of the Court Towns, Districts, and Parishes, and the Rules of Observer.
Practice and Forms. By CHARLES EDWARD POLLOCK, Eaq., of PRICE TWOPENCE MONTHLY.
the Inner Temple, Barrister at Law. The Second Edition, much London: Ward & Lock, 158, Fleet-street, and sold by all Booksellers enlarged. and Newsyenders.
S. Sweet, 1, Chancery-lane,
to temporary index matter and advertisements. We Address to our Subscribers and the Profession ......... shall thus at once render ourselves more useful to Leading Article .................
advertisers, preserve our other departments from intruProspectus of Lectures during the Educational Term
sion, and give them additional space. Instead of giving Photography an Aid to Criminal Justice ...
to the Reports a portion of each number varying as at Court Papers (Equity Sittings) ...................... present from eight to twenty-four pages, we shall in Cause Lists (Equity) .............................. future give twenty-four pages of Reports as the miniGazettes. ...............
mum in every number. NAMES OF CASES REPORTED.
2. We shall print our annual selection and abstracts COURT OF APPEAL.--By F. FISHER, Barrister at Law. of statutes promptly upon their passing, and with a Gibson v. Goldsmid.-(Specific performance Covenant separate paging, so that at the close of the session they
Rule “ that he who will have equity must do equity" may be separated from the other matter. considered) ..................
3. Greater facilities of reference to our pages (in ROLLS COURT.-By G. Y, Robson, Barrister at Law. which we are conscious much valuable matter has been Earl v. Ferris.-(Practice - Demurrer--- Husband and wife hitherto locked up for want of proper indexes) will be
- Savings by wife-Suit by husband to obtain benefit of) 5 | afforded, by presenting, in addition to the weekly table V. C. KINDERSLEY's Court.-By C. MARETT, Barrister at of contents, a quarterly index nominum et rerum; and Law
also, in addition to the full annual Digest, a concise Ivens v. Elwes.-(Recital-Specialty--- Statute of Limita
annual index to the reported points, which will appear tions).............
in time to be bound up with the volume to which it V. C. Stuart's Court.-By T. F. MORSE, Barrister at Law. belongs. Freeland v. Stansfeld.--(Partnership-Premium-Bank
4. The gentlemen who have hitherto reported for ruptcy of one partner--Failure of consideration, lien in
The Jurist will continue to do so, and this will be the respect of)...................................... 8
best guarantie for the faithfulness and accuracy of the V.C. Wood's COURT.-By M. B. Begbie, Barrister at Law,
Reports. But the Reports will be subjected to careful Donaldson o. Donaldson,-(Voluntary settlement) ...... 10
supervision in respect of the form and order of their QUEEN'S Bench.-By G. J. P. Smith and W. B. BRETT,
appearance. The arguments of counsel will be conBarristers at Law,
densed, and the space gained by that means, and by the Holland o. Fox.-(Action for infringement of patent Verdict with damages -- Account of sales and profits
enlargement of the paper, will enable us to report all Sales and profits after commencement of action).... 13
the cases of practical importance in all the Superior Vidi v. Smith. - (Action for infringement of patent
Courts. They will be reported as soon as possible after Sales and profits -- Retrospective account - Account
| decision, priority being given to those which are consipending the action -- " Inspection” – Patent-law dered to be of immediate interest.
Amendment Act, 15 & 16 Vici. c. 83, s. 42) ........ 14 6. Great attention will be given to the “ Second Alcenius v. Nygren.-(Plea puis darrein continuance Part," or miscellaneous portion of The Jurist, in the
Alien enemy-Certificate of Secretary of State-7 88 several departments of leading and original articles,
......... 16 correspondence, notices of new books, parliamentary COMMON PLEAS.-By W. PATERSON and W. MILLS, Barris. intelligence, and legal news. ters at Law.
6. Subscribers for a volume, at the annual subscripLeverson v. Shaw.-(Attorney-Costs in the county court tion of 31. 38., (paid in advance), will be entitled to all
- 15 & 16 Vict. c. 54, s. 1) ...................... supplementary extra numbers, as well as to the AnalyCampanari v. Woodburn.--(Liability of administrator for
tical Digest of Cases in all the regular Reports and in work done under a contract with the intestate-Revo
The JURIST published during the year.
LONDON, JANUARY 13, 1855.
PREROGATIVE COURT.-By J. P. DeanE, D.C.L. | In a recent case in the Court of Bankruptcy* it Ekins v. Brown.-(Paraphernalia--Partnership property appeared that the bankrupts, who were auctioneers, had - Bona notabilia) ..............:
speculated with deposits received by them in the way
of their business, and the presiding commissioner is ADDRESS TO OUR SUBSCRIBERS AND THE
reported to have said, that, in strictness, auctioneers PROFESSION.
had no right to speculate with deposits intrusted to their
care, but that a contrary opinion prevailed throughIn presenting to the Profession the First Number of out the mercantile community. We believe that the a New Series of TAE JURIST, we (the Proprietors) feel learned commissioner was in error as to the preva
xplaining to the subscribers our reasons lence of any such opinion, and that the community to for altering the plan of a periodical which has appa
whom it was attributed were as much surprised as rently given so much satisfaction for a period of
any one else to hear that deposits had thus been dealt
with. eighteen years. The great drawback in the manage- ! We are confirmed in this view by a letter recently ment of the pages of The Jurist has been want of published in “ The Times,” bearing the signature of a space, which, under the old system of stamping news- | respectable firm of auctioneers, stating that “it is not papers, could not have been remedied without a heavy
customary for auctioneers to speculate with deposits. expense in the way of Supplements, for the liquidation
.... The only advantage derived by an auctioneer
from a deposit is such interest as a banker will allow of which the subscribers must have been charged. The
upon a deposit account; and as the money is held for changes in the stamp department, and the tolerably
a short and uncertain time only, such interest is never unfettered condition of newspapers, leave us now in a
more than commensurate with the trouble and risk condition to propose, and we hope fully to carry out,
attending the deposit.” the following improvements :
This is the proper and only use to which deposits 1. We shall in future appear with an extra cover of at least four pages, (to be increased to eight or twelve * Re Messrs. Shuttleworth, Dec. 18, 1854, before Mr. in case of need), which will be exclusively devoted | Commissioner Fonblanque.
should be applied while they remain in the hands of interest. An auctioneer, being only an agent, may auctioneers, who are in the position of stakeholders or safely pay over the proceeds of the sale to the seller, depositaries in respect of such funds. The deposit paid his principal, although the latter is, to his knowledge, by the purchaser on a sale by auction is held by the in embarrassed circumstances. It must be a very speauctioneer for both vendor and purchaser, and he cial case in which he can set up the jus tertii. Where ought not to part with it (except by the consent of a man is completely the agent of the vendor, a payboth parties) until default has been made by one or the ment to him is, in law, a payment to the principal ; other, which may authorise the return or payment and in an action against the latter for the recovery of over of the money, or until the purchase has been com the deposit, it is immaterial whether it has actually pleted, in which case it is handed over to the vendor as been paid over to him or not. If, pending a suit for part of the purchase money.
specific performance, a deposit be laid out in the The following observations and decisions relating to public funds, under the authority of the Court, it the law of deposits paid on sales by auction are taken will be binding on both vendor and vendee; and if from Sugden's Concise View of Vendors and Purchasers, laid out without opposition by the seller, it must be (c. 1, 8. 3), and are well worthy of perusal both by presumed to be with his assent; and in either case he auctioneers and that large class of the public who fre- must take the stock as he finds it. If a purchaser is quent the auction mart:
entitled to a return of his deposit, he is not compellable " Where the auctioneer was also the attorney of to take the stock in which it may have been invested, the seller, and paid over the money to the seller after unless such investment were under the authority of he knew that objections to the title had been raised, the Court, or with his assent; and an assent will not an action against him for the deposit was sustained. be implied against a party because notice was given to In a later case, where the auctioneer had paid over him of the investment, to which he made no reply. the deposit to the vendor, without any notice from Therefore, where the deposit is considerable, and it is the purchaser not to do so, and before any defect of probable that the purchase may not be completed for a title was discovered, it was held that the purchaser long time, it seems advisable for the parties to enter (the title being defective) might recover the deposit into an arrangement for the investment of it. As a from the auctioneer. If a good title is not made out, vendor will not be subject to any loss by the investthe purchaser becomes entitled to his deposit; and, in ment of the purchase money in the funds without his strictness, an action may be maintained for it without assent, so he will not be entitled to any benefit by a giving notice of the default to the auctioneer. But if a rise in the funds, although the purchaser gave him nopurchaser has agreed that the payment to an agent shall tice of the investment, unless he (the vendor) agreed to be considered as a payment personally to the vendor, be bound by the appropriation. No objection can be his remedy for his deposit will be against the latter. If made to the whole of the deposit required by the conboth the parties claim the deposit, the auctioneer may ditions not being paid by the purchaser, if the vendor file a bill of interpleader, and pray for an injunction, after the sale agree to accept a less sum. A purchaser which will be granted upon payment into court of the has no right to elect to put an end to the agreement by deposit..... An auctioneer cannot maintain a bill of forfeiting the deposit. Although the deposit be forinterpleader if he insist upon retaining his commission feited at law, yet equity will in general relieve the out of the deposit; formerly the same rule applied to purchaser upon his putting the vendor in the same the auction duty. If, upon a bill filed for an injunc- situation as he would have been in had the contract tion, the Court order the deposit to be paid into court, been performed at the time agreed upon. But if a bill it will, it seems, be after deducting the auctioneer's by a purchaser for a specific performance is dismissed, charges and expenses; although, perhaps, this deserves the Court cannot order the deposit to be returned, as re-consideration, for the purchaser's deposit may not that would be decreeing relief; although a refusal of ultimately be the fund out of which those charges the seller may influence the costs. Where the seller are to be paid: but this is done without prejudice to files the bill, he submits to the jurisdiction; and although any question as to so much of the deposit as is retained. his bill is dismissed, the Court will compel him to reUnder the Interpleader Act, by which authority is pay the deposit, and with interest, where that ought given to a Court of law to make such order between to be paid; but of course not if he be still at liberty to the defendant and the plaintiff, as to costs and other bring an action for breach of contract.” matters, as may appear just, the Court has said, that We ought not to take leave of this subject without in the first instance, upon application for a rule to observing that the trust reposed in auctioneers by payinterplead, the fund shall bear the costs, and the party ing deposits to them has been but rarely abused ; and in the wrong shall afterwards make up the fund. This we can by no means agree with the opinion of those operates severely against the right of a purchaser enti-universal « fusionists” who think that attornies ought tled to a return of his deposit. Where 10001. was paid to be converted into auctioneers. We do not see any as a deposit to an auctioneer, according to the condi- necessity for such a change, and, for the sake of attortions of sale, and the vendor opposed two motions nies as well as for that of auctioneers, we think it by the purchaser for the payment of the deposit into ought to be opposed. court, and the auctioneer became bankrupt, the loss was holden to fall on the vendor, although the second PROSPECTUS OF THE LECTURES motion had succeeded, and the day named for payment to be delivered during the ensuing Educational Term by of the money into court was subsequent to the bank- the several Readers appointed by the Inns of Court. ruptcy; and perhaps a loss by the insolvency of the auctioneer will in every case fall on the vendor, who
CONSTITUTIONAL LAW AND LEGAL HISTORY. nominates him, and whose agent he properly is*. The Public Lectures to be delivered by the Reader Executors or trustees selling an estate are not answer-on Constitutional Law and Legal History will comprise able for the loss of the deposit by the insolvency of the following subjects: the auctioneer, if they take proper steps in due time Causes of the Revolution of 1688–State of Parties at to recover it. Unless an auctioneer disclose the name that Period-Review of the Constitutional Law-Deof his principal at the time of the sale, an action will claration of Rights-Bill of Rights-State of the Englie against him for damages on breach of contract. lish Church-Jacobite Intrigues-Proceedings against Generally speaking, an auctioneer is not liable for Sir John Fenwick-Law of Treason-Triennial Act
* That is, unless there is a stipulation to the contrary in the Peace of Ryswick-Conduct of Parliament-Dismissal conditions of sale, or other contract between the parties.-Ed. of Foreign Troops-Impeachment of Lord Somers
Corruption of Public Men-Veto of the Crown-To- in the course of the ensuing Educational Term, deliver leration Act-Liberty of the Press Improvements in Nine Public Lectures on the following subjects:the Constitution. If these subjects do not fill up the I. On Sovereignty--The Nature, Limits, and CriTerm, the Reader will proceed to the Reign of Queen teria of Territorial Sovereignty-The History of the Elizabeth.
Conception, and its Importance in Theories of JurisThe works to which the Reader refers will be : prudence-On some complex Forms of Sovereignty, Rapin (continued)-Millar's Constitutional History with Reference more particularly to the United States -Somerville's History-Somers' Tracts— Dalrymple's of America and to the Germanic Confederation. Memoirs- Hardwicke Papers -Statute Book-State II. On the Law of Persons-On some Peculiarities Trials-Parliamentary History-Foster's Crown Law. l in the Condition of early Societies, and the durable
The Reader on Constitutional Law and Legal His- Effects which they have produced on Ancient and tory will deliver his Public Lectures at Lincoln's Inn Modern Jurisprudence- The Power of the Father, and Hall on Wednesday in each week, (the first Lecture to the Tutelage of Women and Pupils—On the Original be delivered on the 17th January, 1855), commencing at Character and Objects of these Institutions, and the two P. M. The Reader will receive his Private Classes Agencies by which they were progressively modifiedon Tuesday, Thursday, and Saturday mornings, at On Legal Fictions, and their place in Jurisprudencehalf-past nine, in the Benchers' Reading Room at Lin- On the Prætorian Equity, and the Principles descended coln's Inn Hall,
from it to Modern Law. EQUITY.
III. On the Law of Things-On the Order and ConThe Reader on Equity proposes to deliver, during the nexion of the Departments of Law-On the different ensuing Educational Terin, a course of Nine Lectures Classes of Rights, and their relation to each otheron the Doctrine of the Court of Chancery respecting On Universities of Rights, and Universal Successions Trusts in Real and Personal Property, including the - On Ownership, and its Modifications-On Obligation, subject of Voluntary Conveyances and Assignments ; Contract, and Delict. on the Rights of Married Women exclusively recog- / With his Private Class the Reader proposes to disnised by the Court; and on the Jurisdiction under the cuss the Roman Law of Contracts, Testaments, and Sign-manual in Lunacy.
Legacies, emploving as his text-book the Institutiones The Reader on Equity will deliver his Public Lec-Juris Romani Privati of Warnkönig. It is desirable tures at Lincoln's Inn Hall on Thursday in each week that students should provide themselves with the text during the Educational Term, commencing at two of Justinian's Institutes, and of the Commentaries of o'clock p.M., (the first Lecture to be delivered on the Gaius; and also, if possible, with the Explication His18th January, 1855). The Reader will receive his torique des Instituts of Ortolan, or with the English Private Classes on Monday, Wednesday, and Friday edition of the Institutes by Sandars. Copies of the enevenings, from seven to nine o'clock, in the Benchers' tire Corpus Juris will be found in the Lecture Room. Reading Room at Lincoln's Inn Hall.
The Public Lectures will be delivered in the Hall of LAW OF REAL PROPERTY, &c.
I the Middle Temple on Tuesday in each week, at two The Reader on the Law of Real Property, &c. pro P. M., (the first Lecture of the course on Tuesday, the poses to deliver, in the ensuing Educational Term, a 16th January, 1855). course of Nine Public Lectures on the following súbo The Private Classes will assemble at the Class-room jects :
in Garden-court on Tuesday, Thursday, and Saturday 1. The Accumulation Act, 39 & 40 Geo. 3, c. 98— evenings, from seven to nine o'clock. Construction of the 2nd section with reference to Por
Common Law. tions- Accumulation independent of the statute.
The Reader on Common Law proposes to deliver, II. Title by Prescription-at Common Law - by during the Educational Term, commencing on the 11th stat. 2 & 3 Will. 4, c. 71-Rights of Common, Way, January, 1855, a course of Nine Public Lectures on and Light; 2 & 3 Will. 4, c. 100—Tithes, Moduses, the Law of Contracts, the subjects to be treated in and Exemptions.
which will be as under:III. Title by Non-claim-3 & 4 Will. 4, c. 27, s. 29; ! Lecture 1.-Remarks as to Contracts generally-their Church Property-sects. 30, 31; Advowsons-sect.obligatory force and classification. 3; Estates in Possession-sect. 28; Mortgagor and Lectures II and III.-Contracts of Record and by Mortgagee---sects. 3, 5; Estates in Reversion-sect. 16; Specialty examined - Inquiry as to the Operation of Savings from Disabilities--sects. 25, 27; Trusts and the Doctrine of Merger and of Estoppel. Equitable Interests-sect. 40; Money charged upon Lectures IV and V.-Of Contracts between Landlord Land; Legacies; Judgments—3 & 4 Will. 4, c. 42, s. 3. I and Tenant.
IV. Title by Descent at Common Law-alterations Lecture VI.-Of Simple Contracts, written and oral introduced by 3 & 4 Will. 4, c. 106.
-Analysis of a Simple Contract--the request, the conV. Assignment of Satisfied Terms 8 & 9 Vict. sideration, the promise. c. 112.
Lecture VII.-Of Contracts void on the ground of The Lectures to be delivered to the Private Classes illegality and of fraud. will comprise the following subjects:--For the Senior Lectures VIII and IX.-The Capacity to contract, Class, the text of Sugden on Powers, c. iii, s. 1, c. 18, | how affected by infancy, coverture, mental imbecility, will form the basis of the Lectures; and the latest de- or otherwise. cisions illustrating the principles there laid down will With his Private Class the Reader on Common Law be examined and commented on. In the Junior Class, proposes to discuss the Law of Contracts, according to the subject of the Lectures will be “Remainders,” and the plan above indicated. The books to be principally the text-book, 2 Cruise's Dig., tit. XVI.
made use of during this Course will be Smith's LecThe Public Lectures will be delivered at Gray's Inntures on Contracts, Chitty on Contracts, and WoodHall on Friday in each week, at two P. M., (the first fall's Landlord and Tenant. Lecture to be delivered on the 19th January, 1855). The Lectures on Common Law during the ensuing The Private Classes will be held in the North Library of Educational Term will be delivered, and the Private Gray's Inn on Monday, Wednesday, and Friday morn- Classes will meet, in the Hall of the Inner Temple, as ings, from a quarter to twelve to a quarter to two under: o'clock.
The Public Lecture on Monday in each week, at two JURISPRUDENCE AND THE CIvil Law.
P.M., (the first Lecture to be delivered on the 15th The Reader on Jurisprudence and the Civil Law will, 1 January, 1855).