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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 Preehold and Copyhold Estates, Residence, Plea- Residences, for investinent or occupation, in this favourite locality. sure Grounds and Farms, the whole property being 324 acres. MESSRS. FAREBROTHER, CLARK,' and Lye will MESSRS, 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 Farm,

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, MESSRS. 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 COPY HOLD 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 I 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; threc 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 Comto 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 lands 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

Freehold Estate, intersected by the river Eske, and bounded in part able offer be previously made by private contract) the CROWN LEASE, 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-milī, Quarries, valuable Rights of Pishing

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.

PAREBROTHER, CLARK, and LYE respectof 70001.: at the expiration of the Club lease there is no doubt that 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 PRECHOLD 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

Piercefield; capital Mansion; beautifully undulated and finely tim- 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 iinportance 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 Parm, 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 ESTATE, of which

perty connected with Literature and the Fine Arts, in large or small further particulars will shortly appear.

parcels, may be transmitted to Southgate and Barrett's Rooms, and if

intended for immediate sale, an advance of two-thirds of the value will Lancaster-place, Strand.

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 Judgment 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, Čhancery-lane, where

constant applications are made for all description of Shares. in his 55th year, for the sum of 21501., together with the additions from bonuses of 3901. 118. 8d., annual premium 671. 10s. 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.

AW PARTNERSHIP.- A Gentleman, having a thorough

CHANCERY PRACTICE. with Common Law, who has been in kommledge 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.


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


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 PBIDAY, 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, tho 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. Proissart 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. Octavo, &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 27s. cloth boards, 2 vols.; Quadrupeds, large paper; Comber's Works, 7 vols., Tracts for the Times, A TREATISE on the PRINCIPLES of EVIDENCE

and PRACTICE as to PROOFS in COURTS of COMMON 5 vols.; 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 á SUPPLEThe Library and remaining Publications of the late John Minter

MENT, shewing the Alterations effected by the Common-law Procedure

Act and other Statutes of 1854.
Morgan, Esq.

*.* The SUPPLEMENT can be had separately, price 28., sewed in .MR. HODGSON will SELL by AUCTION, at bis New

Auetion Rooms, the corner of Fleet-street and Chancery-lane,

S. Sweet, 1, Chancery-lane.
on THURSDAY, Feb. 1, at half-past 12, (by order of the Executors), the
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 tion. The Publications comprise The Phænix Library, a selection of and Industrial and Provident Societies Acts.-3. Jurisdiction under

Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly Original and other Works, in 13 vols., of which there are about 3000 vols., in cloth and quires; also numerous copies of Hampden in the

Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent

Debtors.-5. Jurisdiction under Protection Acts.-C. 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. To be viewed, and Catalogues had.

and Table of Fees. Also an Appendix, containing all the Statutes, a

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 108. 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 By HENRY THURSTAN HOLLAND and THOMAS CHANDLESS of No. 31, GREAT JAMES-STREET, Bedford-row, which ex

Jun., of the Inner Temple, Esqrs., Barristers at Law. Also, a Treatise on * 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 Esq., Barrister at Law. Together with Notes, Cases, Index, and the

€. 99. _By CHARLES EDWARD POLLOCK, of the Inner Temple, on the ground floor and a cupboard under the kitchen stairs) is respectably underlet to a family, at 501. per annum, for a term which

New Rules and Forms of Michaelmas Vacation, 1854. 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 12 mo., 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

the Metropolitan Sewers Acts. By TOULMIN SMITH, Esq., Barratus may be purchased from 51. and upwards.

rister at Law; Author of "The Parish: its Obligations and Powers," &c.

S. Sweet, 1, Chancery-lane.
Just published, in 1 thick vol., 8vo., price 11. 10s. 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 Ilustrations 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, HOODGES: CEIP

difiche Inner Temple, Barrister at Law, Recorder of A TREATISE on EQUITABLE DEFENCES and RE.. Poole. Second Edition.

-ACT, London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and 1854. By JOHN D. MAYNE, Esq., of the Inner Temple, brister Publisher.

at Law,

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


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In 1 vol. 12 mo., price 4s. 6d. cloth boards,


In I vol. 8vo.. price 16s, clo:h,



DESIGNS; 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,

Eviiesce in Cases of Piracy: with an Appendix of Tables of Pees, Sta-

Barrister at Law.

tutto d the Rules of the Board of Trade. By JOHN PAXTON

S. Sweet, 1, Chancery lane.

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


S. Sweet, 1, Chancery-lane.

In ! vol. 8vo., 3rd edit., 18s. cloth boards,



Just published, price 58. clot: bds.,

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

TE LIGHTS of BRITISH and NEUTRAL COM. By JOSIIVA WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law.

MERCE, as affected by recent Royal Declarations and Orders in

S. Sweet, 1, Chancery-lane.

Ceu... By JOHN HOSACK, of the Viddle 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. Mortgagecs by Deposit of Decds, of the Effect of Notice with regard to

ON LAW to compel the Produc:ion of Documents for Inspec-

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

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

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

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

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

EDITRD 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 Judgment of the Vice-

Chancellor Wigram in WHITWORTI 0. GAUGAIN, Forms for Equitable


Deposits, &c., and an Index. By SAMUEL MILLER, Esq Barrister

In 1 vol. royal Svo., price 11. Ils. 64. cloth,

at Law.


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


TRACTS NOT UNDER SCAL, and upon the usual Defences to

In one volume, price 12. 1s. cloth boards,

Actry thereon. By JOSEPH CIITTY, J1... Esq. The Fifth Edi-

tien.. By JOHN Å. RUSSELL, LL.B., of Gray's-inn, Barrister at MR. SERJEANT BYLES'S TREATISE on BILLS of

lar, 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. 12mo., price 14s, in cloth bds.,

SHIPPING, with an Appendix, containing all the Statutes of


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

EDRD POLLOCK, Esqrs., of the Inner Temple, Barristers at Law.

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

S. Sweet, 1, Chancery-lane.

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


of the Middle Temple, Barrister at Law. published, in 1 vol., the Second Edition, price 12s. cloth

S. Sweet, 1, Chancery-lane.

boards, of


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

si Cha tels: also the Law of Racing, Wagers, and Gaming. By

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


with Practical Notes. By


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. Liw of Church Ornaments," &c.

S. Sweet, 1, Chancery-lane.

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

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


In 12mo., price 58. cloth boards,


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

TEE 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.


With an Appendix of the forms of Proceed- With a Summary of the Stamp Laws, Precedents of Conditions of Sale,

ng ... Altachment and in ordinary Actions. By JOIIN LOCKE, M.A., copious Notes, and an Index. By GEORGE SWELT, Esq., of the

bizner ut Law, and one of the Common Pleaders of the City of Inner Temple, Barrister at Law,

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

S. Sweet, 1, Chancery-lanc.


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. Svo., price 11.1s. cloth boards,


A CONCISE and PRACTICAL VIEW of the LAW of 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 I thick voi. royal 12mo., price 24s. cloth boards,

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


MINAL CASES; with the Statutes, Precedents of Indictments,

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

Mit rof Attendant Term3, Defective Executions of Powers of Leasing, Esq., (now Lord Chief Justice of her Majesty's Court of Common Pleas.

Wi... Trus:cts, 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. 66. 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.

red by the HOUSE of LORDS. With an Introductory Chapter

ON Jurisdiction of the House of Lords. By the Right Hon. Sir



Price 18. od. 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-



By the

yard, Lincoln's-inn.

Right Hon. Sir EDWARD SUGDEN. The Seventh Edition.

S. Sweet, 1, Chancery-lane.




ENGLAND and WALES, with the LAW of TITHES in reference

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

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.

(EDURE ACT, 15 & 16 Vict. c. 76, containing the NEW By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister

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

Wission 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

whit. Cirneral index to the whole. By EDWARU WISE, Esq., of the recent Cases on the Construction of the above Acts. Price 18s. boards.

Ali Temple, Barrister at Law.

** The Supplement may be had separately. Price 28. 6d.

The Work complete, price 142. in cloth boards.

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

S. Sweet, 1, Chancery-lanc.

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


Leading Article

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

Notes of the Week

16 country - Appointment of several guardians).. 37

Correspondence :-Photography a Criminal Detector 16

Vice-CHANCELLOR Wood's Court.

To Correspondents


By MATTHEW B. Begbie, Barrister at Law.

Regulæ Generales :-Orders in Lunacy..


Procedure in Chancery


Pinchin v. The London and Blackwall Railway Com-

Public Examination of Students..

18 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 o. Šelf.—(Building society-Mortgage-Re-

" To heirs, executors, administrators, and assigns

demption6 & 7 Will. 4, c. 32- Arbitration). 25

pur autre vie'- Special occupant).



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

By F. Fisher, Barrister at Law.

Weights and measures-5 8 6 Will. 4, c. 63, s. 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, wilh 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-

tion of councillor - Rating " Annual value"-

-(Joint-stock Companies ll'inding-up Amendment


Act, 1819-Construction of the 33rd section of).. 33

58.6 Will. 4, c.76, s. 28)

Rolls Count.


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.

Setilement under order of Court-Power to devise

rantie,Non-disclosure of facts - Fraud)


real estate-- Acknowledgment of deed)
33 Hinton o. Mead.-(Practice-Award -- Rule).



Elliott v. Bishop.-(13 ĝ: 16 Vict. c. 76, ss. 46-48-

By C. MARETT, Barrister at Law.

Special case- - Costs)


Haggett v. 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.


Darson o. Jay, and In re Dawson.-(Guardian and

By J. P. Dease, 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,

$. 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


* See Monroe v. Tuistleton, (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 tieted. 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 hus- At a meeting of the Law Amendment Society, (Jan. band's authority, in an action brought by his executors 15), a paper was read by Mr. Woolrych, recommending to recover the goods; and Maule, J., there (p. 445) uses

the extension of the summary jurisdiction of magis

trates to all cases of petty larceny. words illustrative of the present question—“The texti voks 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), € veluding the testimony of husband or wife, the ne(--sity of preserving the confidence of the conjugal Ty nemouth on the lith January, observed that the form

Mr. W. S. Lindsay, M.P., addressing a meeting at Leiction; 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 neonvenient if it were so, as the question would fries that used in the merclient service, and were in this *;tituitly 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 of the minimum, 12001. per annum.

their salaries raised to the maximum, 15001., instead rise to endless embarrassment and distrust.”

it would not be an anomalous case were this rule to 1 € alopted, as we believe, when the point again arises,

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

TO THE EDITOR OF "THE JURIST." There are other instances of communications being

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

I infer, from the omission of all notice of it, that w 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 atten"ber may have been the malice of the defaming party. tion to it. (Se Lord Pearchanps v. Sir Richard Croft, Dy. The act I refer to is the 13 Vict. c. 23, which, after 28.5 2; 1stly v. Younge, 2 Burr. 807; Anfield v. reciting the 27 lien. 6, c. 5, enacts, “ that the exception frrhill, 2 Bulst. 269; Roll. Ab. 87, pl. 4; i Stark. of the jour Sundays in harvest contained in the said Libel, 2-4, note (24); and Stockdale v. Ilansard, 9 Ad. act shall be repealed, and the said act shall be conEl. 1).

strued as if such exception were not inserted therein."

I am, Sir,

Your obedient servant,

ARTHUR JOHN Woon. 4, New-square, Lincoln's-inn,

Jan. 10, 19.5. 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, wlrich we slarsh:ll, the judge of the Yorksbire County Court, for had overlooked.-Ed.] rain-ing to allow Mr. Shaw, a barrister, to practise liefore him, but discharged it without costs, and on the PHOTOGRAPHY A CRIMINAL DETECTOR. serand that dir. Shaw had made a previous application

THE JURIST." ir tile matter to the Lord Chancellor. In the case of Gibson v. Sturge, in the Court of Ex- , science to the detection of criminals, and the preven

Sir,— The importance of applying the discoveries o. chequer, (Jan. 13), it appeared that wheat, which hal tion of future crime, will be sufficient excuse for my 1.ten: shipped at Odessa, had become swollen by reason troubling you with the inclosed extract from the U moisture during the voyaçe, whereby it measured a Glasgow Daily Mail, which will form an appropriate Freater number of quarters at the port of delivery than

“ rider" to the paragraph which appeared upon this at the 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 11nte) held, that in the aliserce or 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

1 and not on the quantity delivered.

the ghosts that appeared before Machethi-until they in Gore v. Lowser, Sir J. Stuart, V. C., has held had become acquainted with his personal lineaments.

But such a likeness was not transmissible from prison (Jan. 15) that an equitable inturest in leasehold pro- to prison. The doers of dark deeds will hate the light pority may be reached under a fi. fa. issued upon a judg- more than ever, when it not only discloses their present duent which had not been registered in pursuance of actions, but throws its full glare upon their antecedent tie 1 & 2 Vict. c. 110*.

history. The extract is as follows:The practice adopted during the Nisi Prius Settings 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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