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Course of Lectures delivered by the late JOHN WILLIAM SMITH, Esq., Author of “A Selection of Leading Cases," &c. With Notes and Additions, by FREDERIC PHILIP MAUDE, Esq., Barrister at Law. "With this long commentary, suggested by the peculiar features of this volume, but of general application, we close it with a hearty commendation of its contents to the perusal of all students and of all practitioners who do not feel themselves to possess a sufficient mastery of the principles of the Law of Landlord and Tenant, and of the broad outlines of its practice."-Law Times. "The volume before us will be found fully to sustain the great reputation of its deceased author; and as regards the notes and references LAW.-WANTED immediately, in an Office of extensive contained in it, which have been respectively prepared and selected practice in the City, an experienced MANAGING COMMONLAW CLERK, who has not been articled. Apply, by letter, stating age, previous engagements, and salary required, to N. O., care of Mr. Hunnard, Law Stationer, Inner Temple-lane. A TAYLOR'S LAW OF EVIDENCE.—SECOND EDITION. Just published, in 2 vols. royal 8vo., price 21. 16s. cloth, TREATISE on the LAW of EVIDENCE, as administered in England and Ireland; with illustrations from the American and other Foreign Laws. By JOHN PITT TAYLOR, Esq., of the Middle Temple, Barrister at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, Vol. 1, royal 8vo., price 17. 88., (to be completed in 4 vols.), with much care and discernment, to confer very considerable credit on its learned editor."-Law Magazine. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, in 1 vol. 12mo., price 10s. 6d. cloth, THE NEW COMMON-LAW PROCEDURE, founded on the Acts of 1852 and 1854; including the New Rules on Practice and Pleading, with Notes of Cases decided thereon, Forms, Tables, and Index. By PHILIP FRANCIS, of the Middle Temple, Esq., Barrister at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, in 1 vol. 12mo., price 4s. 6d., WILLS S VESTRYMAN'S GUIDE.-A Treatise on the Powers and Duties of Parish Vestries in Ecclesiastical Matters; DAVIDSON'S PRECEDENTS in CONVEYANCING. being a Vestryman's Guide. By ALFRED WILLS, Esq., Barrister Second Edition.-PRECEDENTS and FORMS in CONVEYANCING. With an Introduction and Practical Notes. By CHARLES DAVIDSON and THOMAS COOKE WRIGHT, Esqrs., Barristers at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. This day is published, in 1 vol. 12mo., price 1. cloth, SHELFORD'S BANKRUPT LAW. Second Edition. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, in 1 vol. 12mo., price 58. cloth, at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, in 1 vol. post 8vo., price 18s. cloth, BLACKSTONE'S COMMENTARIES, systematically Abridged, and adapted to the existing State of the Law. By SAMUEL WARREN, of the Inner Temple, Esq., D. C. L., Recorder of Hull, and one of her Majesty's Counsel. William Maxwell, 32, Bell-yard, Lincoln's-inn; William Blackwood & Sons, Edinburgh; and Hodges & Smith, Dublin. PRIDEAUX'S LAW OF JUDGMENTS AND CROWN Debts. THE LAWS relating to BURIALS in ENGLAND and THE LAW of JUDGMENTS and CROWN DEBTS, WALES. With Forms and Practical Instructions. By T. BAKER, Esq., of the Inner Temple, Barrister at Law, of the Burial Acts Office. W. Maxwell, 32, Bell-yard, Lincoln's-inn. as they affect Real Property. By FREDERICK PRIDEAUX, Esq., of Lincoln's-inn, Barrister at Law. W. Maxwell, 32, Bell-yard, Lincoln's-inn. No. 42, VOL. I., NEW SERIES. PP GAZETTES.-FRIDAY, Oct. 19. BANKRUPTS. 27 SIR ROBERT PRICE, Bart., M.P., Stratton-street, Piccadilly, Middlesex, and Foxley, Herefordshire, dealer and chapman, Nov. 1 at 11, and Dec. 4 at 12, London: Off. Ass. Bell; Sols. Lawrance & Co., Old Jewry-chambers.-mongers, Nov. 9 at half-past 12, London, div.-Wm. Edghill Pet. f. Oct. 5. WILLIAM TURNER, King-street, Golden-square, licensed Oct. 19. WILLIAM BALL and THOMAS BALL, Totnes, Devon- road, Lambeth, and Cornbury-place, Old Kent-road, Surrey; and Charlton, near Woolwich, and Plumstead, Kent, potter, Nov. 9 at half-past 12, London, div.-Henry Beatley, Ely, Isle of Ely, ironmonger, Nov. 9 at 1, London, div.-Alfred Dixon Toovey and Joseph Wyatt, Aldermanbury, wholesale stationers, Nov. 10 at 11, London, div.-Thomas Scully and Edward Scully, Curtain-road, Shoreditch, wholesale cheeseColes, Strand, dealer in waterproof clothing, Nov. 10 at halfpast 11, London, div.-Joseph Brooks, Bocking, Essex, wheelwright, Nov. 9 at 12, London, div.-Henry Nathaniel Byles, Gosport, Southampton, brewer, Nov. 9 at 12, London, div.— Edward Lawrance Kyle, Reading, licensed victualler, Nov. 10 at 11, London, div.-Henry Peaty, Bristol, grocer, Dec. 20 at 11, Bristol, fin. div.-Richard Morgan, Dowlais, Glamorganshire, grocer, Nov. 13 at 11, Bristol, div.-Fred. Duncan, Liverpool, merchant, Nov. 12 at 11, Liverpool, fin. div.Richard Fairbourn, Preston, Lancashire, wholesale grocer, Nov. 9 at 12, Manchester, div.-W. Geldart, North Shields, shipowner, Nov. 16 at 11, Newcastle-upon-Tyne, fin. div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Thos. Corah, Nottingham, lace manufacturer, Nov. 6 at 10, Nottingham.-Samuel Briggs, William Briggs, and Abraham Banks, Keighley, Yorkshire, machine makers, Nov. 13 at 1, Leeds.-Wm. Chas. Holland, Lincoln, grocer, Nov. 14 at 12, Kingston-upon-Hull. William George Brown, Dartford, Kent, clothier, Nov. 9 at half-past 11, London.- William Scudds, Blackheath-park, Kent, livery-stable keeper, Nov. 10 at half-past 1, London.-Thomas Kerley Senior, Itchen Ferry, Southampton, butcher, Nov. 9 at 11, London.—Benjamin Hayne and Charles Hayne, Upper Whitecross-street and Aldersgate-street, carpenters, Nov. 10 at 11, London.William Hackett, Oxford, engineer, Nov. 9 at 11, London. John Ellis and Charles Ellis, Trinity-square, Brixton, builders, Nov. 10 at half-past 12, London.-John Miers, Nelson-square, Blackfriars-road, appraiser, Nov. 10 at 11, London.-Thomas Leigh, Wellingborough, wine merchant, Nov. 10 at 1, London.—Jacob Frankenstein, White Hartcourt, Bishopsgate-street Within, tobacconist, Nov. 10 at halfpast 2, London.-Edmund Butler, York-street, Middlesex Hospital, and Gipsy-hill, Norwood, Nov. 9 at 12, London.Robert Ewin, High-street, Islington, upholsterer, Nov. 15 at half-past 11, London.-George Gent, South-row, New-road, Middlesex, grocer, Nov. 9 at 1, London.-Josiah Overbury, Nind and Monk Mills, Wootton-under-Edge, Gloucestershire, Joseph Travis, Green-bridge Cage-mill and Bridge-end, near Newchurch, Lancashire, woollen manufacturer, Oct. 31 at 12, Manchester, last ex.-J. Rushton, Carlisle, plasterer, Nov. 6 at 11, Newcastle-upon-Tyne, last ex.; at half-past 11, aud ac.—John Lupton, (and not Leepton, as advertised in last Tuesday's Gazette), Bradford, Yorkshire, innkeeper, Nov. 12 at 11, Leeds, last ex.-Matthew James Popplewell, Clement's-lane, and Robert Goff, New London-street, merchants, Oct. 31 at 12, London, aud. ac.-John Jennings, Tetbury, Gloucestershire, linendraper, Nov. 8 at 11, Bristol, aud. ac. -Hugh Henry Ross, Liverpool, draper, Oct. 29 at 11, Liverpool, aud. ac.-John Augustus Noel, South Shields, Durham, wine merchant, Nov. 6 at 12, Newcastle-upon-Tyne, aud. ac.; Nov. 16 at 12, div.-Samuel Fenn and Joseph Fenn, Birmingham, tailors, Nov. 2 at 11, Birmingham, aud. ac.-S. Briggs, Wm. Briggs, and Abraham Banks, Keighley, York-cloth manufacturer, Nov. 17 at 1, London.-Stephen Edward shire, machine makers, Nov. 13 at 1, Leeds, aud. ac. and div. Sherwood, Sellinge, near Canterbury, tailor, Nov. 17 at 2, London.-Ambrose Eaton, Milk-street, Cheapside, ware-Joah Carver and W. Carver, Halifax, Yorkshire, machine houseman, Nov. 10 at 12, London.-James Lamb, Edward makers, Nov. 1 at 11, Leeds, aud. ac.— .-Wm. John Watson, Upper Holloway, builder, Nov. 12 at 2, London, div.-Thos. Lewis, and William Thomas Allum, Wouldham, Kent, and Kingsland-road, Middlesex, manufacturers, Nov. 9 at 2, Ledyard Evill and Thos. Dowglass, Vigo-street, cloth manuLondon.-William Aaron Rogers, Sutton, Surrey, licensed facturers, Nov. 9 at half-past 11, London, div. joint and sep. victualler, Nov. 9 at half-past 1, London.-John Dawson, ests. Samuel Wm. Partridge and Daniel Francis Okey, High-street, Shadwell, tobacconist, Nov. 10 at half-past 2, Paternoster-row, booksellers, Nov. 10 at ì, London, div. joint London.-John Overbury, Frederick's-place, Old Jewry, and sep. ests.-Wm. Scudds, Blackheath-park, Blackheath, woollen warehouseman, Nov. 10 at 2, London.-Sarah Kent, livery-stable keeper, Nov. 10 at half-past 1, London, Frampton, Wimborne Minster, Dorsetshire, butcher, Nov. 10 div.-Henry Lockey Edridge, Monmouth-road, Bayswater, at 12, London.-Thomas Barclay Armstrong, Mount-street, builder, Nov. 9 at half-past 1, London, div.-John Mitchell, Grosvenor-square, and Carpenter-street, Mount-street, GrosGreat Bourton, Oxfordshire, railway contractor, Nov. 10 at venor-square, fishmonger, Nov. 17 at half-past 1, London.half-past 11, London, div.-Pemble Browne, GrosvenorThomas Scully and Edward Scully, Curtain-road, Shore. street, Bond-street, and Charlton, Kent, wine merchant, Nov. ditch, wholesale cheesemongers, Nov. 9 at half-past 12, Lon10 at half-past 11, London, div.-Andrew Burn, Sackville-don.-Samuel Moses Lotinga and Noah Samuel Lotinga, street, Piccadilly, and Caroline-place, Pancras-vale, tailor, Nov. 10 at 12, London, div.-John Abraham Rippon, Lowth-Newcastle-upon-Tyne and North Shields, merchants, Nov. 14 at 11, Newcastle-upon-Tyne.-Bright Eagland and William cottages, Wellington-road, Camberwell, cigar manufacturer, Crampton, Bedford, near Leigh, Lancashire, cotton manufacNov. 10 at half-past 11, London, div.-Thos. Kerley Senior, turers, Nov. 13 at 12, Manchester.-Richard Birtwistle, Itchen Ferry, Southampton, butcher, Nov. 10 at half-past 12, Bury, Lancashire, innkeeper, Nov. 14 at 12, Manchester.—London, div.-Isaac Wm. Walton, Haymarket, hotel keeper, Thomas Banks, Bradford, Yorkshire, washing machine maker, Nov. 9 at 12, London, div.-Antoni Forrer, Regent-street, Nov. 19 at 12, Leeds.-Henry Williamson, Leeds, cloth jeweller, Nov. 9 at 11, London, div.-Wm. George Brown, merchant, Nov. 9 at 11, Leeds.-Benjamin Gregory, Sheffield, Dartford, Kent, clothier, Nov. 9 at half-past 11, London, builder, Nov. 10 at 12, Sheffield.-John Warburton, Sheffield, div.-Edward Over, Barossa-terrace, Cambridge-road, Bethnal-green, Nov. 9 at 2, London, div.-Wm. Epworth Tuke, edge-tool manufacturer, Nov. 10 at 12, Sheffield. - Mark-lane, wine broker, Nov. 9 at 1, London, div.-Charles To be granted, unless an appeal be duly entered. Christie, Vauxhall-walk and Broad-street, Lambeth, timber Joseph Harnden, Webb-street, Southwark, and Three Oak-John Hawker, Westonmerchant, Nov. 9 at 2, London, div.-W. Sheldrake Francis lane, Horsleydown, bricklayer. Sparks, New Bond-street, waterproofer, Nov. 9 at 12, Lon-super-Mare, Somersetshire, builder. don, div.-Jas. Harris, Old Shot Tower-wharf, Commercial [For continuation of Gazette, see p. 421]. Aspland v. Watte.-(Breach of trust-Setting aside deed-Lapse of time) 968 THE most interesting branch of jurisprudence is that which relates to the law of evidence, especially under the new system, beginning in the reign of William IV, by the abolition of objections to the competency of witnesses on the ground of interest or of crime, and proceeding to the later measures for compelling, in most cases, the testimony not only of parties to the suit, but also of their wives. Among the recent illustrations of this system must be ranked the well-known case of Boyle v. Wiseman, (1 Jur., N. S., part 1, pp. 115, 894). That was an action for a libel published in France in The Univers newspaper. On the occasion of the first trial, a witness for the plaintiff, in order to prove publication, deposed that he saw at Paris, in the hands of the Abbé Cognat, a letter in the handwriting of the defendant; that he asked for the letter to bring it to England, which the Abbé refused, but the witness was prepared to give the contents from memory. The plaintiff's counsel thereupon proposed to give secondary evidence of the contents of the letter, which was supposed to contain an admission by the defendant that he was the author of the libel in question, but it was rejected. The plaintiff's counsel then called the defendant himself as a witness, but his counsel objected to his being examined, on the ground that he might be asked questions tending to criminate him. The judge asked In re The Yorkshire, Doncaster, and Goole Railway Company, and in re Dylar's Estate.--(Railway company-Limits of deviation-Costs of second vendor on re-investment).... 975 COURT OF QUEEN'S BENCH. By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Holmes v. Tutton.-(Order for attachment of debtExecution against garnishee-Common-law Procedure Act, 1854, sects. 61, 62, 64—Bankruptcy of original debtor-“ Creditor having security for debt"-"Mortgage" or "lien"-Bankrupt-law Consolidation Act, 1849, sect. 184—Auctioneer— Action by purchaser-Set-off—Action by assignees) 975 COURT OF COMMON PLEAS. the plaintiff's counsel what questions he intended to ask the witness, which the latter refused to disclose, insisting on his right to put the defendant in the box. The judge ruled that he was not entitled to do so, and thereupon the plaintiff was nonsuited. The Court of Exchequer, however, held that the plaintiff's counsel had a right to insist upon the defendant being sworn, and that if the questions afterwards put to him had a tendency to criminate him, the objection to answer must be taken by the party himself upon oath*. They further held that the improper rejection of the witness was ground for a new trial, and granted one accordingly. With regard to the other and more important question raised upon the facts, namely, whether secondary evidence is receivable of a private document in the possession of a person beyond the jurisdiction of the Court, who refuses to produce it, the Court said that it was one of first impression, but intimated a strong opinion that it is admissible. The principle upon which secondary evidence is admitted or rejected was thus lucidly stated by Parke, B.:--" If you offer inferior evidence without accounting for the absence of the primary, a presumption of law arises that there is something in the original document which makes against you. The law, therefore, requires you to make all reasonable efforts to procure the original; but if you shew that you have exhausted them in vain, and that it is * See Osborn v. The London Dock Company, (10 Exch. 698; S. C., 1 Jur., N. S., part 1, p. 93), in which it was held that an objection to answer interrogatories, upon the ground of their criminating tendency, must come upon oath from the party interrogated, and not from his attorney. unattainable, you may then give secondary evidence. On this principle secondary evidence is received of the handwriting of an attesting witness, if you have first made reasonable efforts to find him. Now, surely you can give secondary evidence of a document which, being in a foreign country, cannot be procured by subpœna, provided you use every reasonable effort to get it." The Court, however, were clearly of opinion that this proviso had not been complied with, and that the demand of the document made by a stranger to the cause, who did not even disclose his object in making it, was insufficient for the purpose of letting in secondary evidence. 4. Where a private document is in the possession of a person beyond the jurisdiction of the Court, who refuses to produce it after a proper demand, and a dissecondary evidence is receivable. closure of the object for which the demand is made, 5. Objections founded upon the self-criminating tendency of an examination do not affect the competency of the witness, but must come from him after he has been sworn. 6. The improper rejection of a witness is ground for a new trial. THE TICKET-OF-LEAVE SYSTEM. THE following letter from Colonel Jebb has appeared in The Times: Upon the second trial it was proved that the Abbé Cognat refused to attend with the document, or to give it up for the purpose of its being produced at the trial. Sir, The release of convicts on license appears to The witness was then desired by the plaintiff's counsel have caused so much apprehension in the public mind, to state the contents from memory, upon which the that, unwilling as I am to intrude upon your columns, defendant's counsel interposed, and handing a docu-I would venture to beg the favour of a small space, ment to the witness, asked him if that was the letter in order to afford a few needful explanations on the subject. which he had seen. The witness answered, that if it I am induced to do this from a sense of duty, not was the original, it had been altered in some respects; only to the convicts themselves, whose means of obwhereupon the defendant's counsel proposed at once to taining employment have been seriously prejudiced by adduce evidence in order to shew that it was the true the adverse opinions which have been expressed, but in original, and ought to be received in evidence, to the the belief that a plain statement, supported by facts, exclusion of secondary evidence from the witness. may lead to more just and favourable views. This, however, the judge refused to allow at that stage of the proceedings, saying that the defendant might if he pleased give that document in evidence when he came to his own case. Such evidence, ever, was not given, and the jury found for the plaintiff. I am encouraged to hope for this result from a conviction that the want of accurate information has been the cause of the misapprehension which exists. The act which abolished transportation for terms how-under fourteen years was passed in 1853. There were in the different convict prisons in England at that time upwards of 6000 convicts under sentences of transportation for seven and ten years. It had previously been determined that no more convicts should be sent to Van Diemen's Land, and it was known that the small colony of Western Australia could only receive a small proportion of them. Hence arose the question what was to be done with them. Again, the Court of Exchequer held that there had been a miscarriage of justice, and that as all preliminary questions of fact, on which the admissibility of evidence depends, must be decided by the judge, and not by the jury, the judge was bound to decide the collateral question, whether the document was original or not, and reject or receive the secondary evidence accordingly. It was also held that sufficient evidence had now been given to let in parol proof of the contents of the document, if it had not been produced. The cause stood for trial a third time at the last assizes, but was settled by arrangement between the parties. We have thus narrated the legal history of this case, and it will be seen that the following propositions may be deduced from it: 1. All preliminary questions of fact, on which the admissibility of evidence depends, must be decided by the judge, and not by the jury. 2. Where secondary evidence of the contents of a document is duly tendered, and a document is produced by the other party and alleged to be the original, the judge should decide whether it is the original or not, and if he ascertains it to be the former, he should reject the secondary evidence. 3. In order to render secondary evidence of a private document admissible, it is necessary and sufficient to shew that all reasonable efforts have been made to procure the original. *It is now no longer necessary to call an attesting witness to a document, unless it is one which the law requires to be attested. (17 & 18 Vict. c. 125, s. 26). It must be remembered that these men had not been sentenced to imprisonment, but to transportation, and that the commutation of the one sentence into the other was no new thing, but had long been a recognised practice. Until within a very recent period almost every convict who received a sentence of seven years' transportation was, as a matter of course, sent to the hulks, whence he was released with a free pardon at the expiration of one-half of his sentence. In the years from 1843 to 1847 there were released no less than 3450 under such a commutation. Now, the difference between the practice which obtained at for carrying out the provisions of the 13 & 14 Vict. is that time and the system which has been established this-that instead of giving the men a free pardon at the expiration of about half their time, they receive only a revocable pardon, which, in the terms of the act, is called a license, and is popularly designated a ticket of leave. tend for a moment that these men should have been No one acquainted with the circumstances will conkept in prison, as a general rule, during the whole term to which they had been sentenced to transportation. The feeling of Parliament and of the highest authothe periods of penal servitude set forth in the act as rities of the law on this point is conclusively shewn in substitutes for the sentences of transportation. For example, the ordinary minimum term of transportation was seven years, which is represented in the new act by a minimum of four years' penal servitude, and so on. From these considerations it will be apparent, that if the Government had not the means of carrying into |