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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 Freehold 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

VI 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 gemi-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 each contains on the upper floor four bed rooms ; on the second 111 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, M ESSRS. FAREBROTHER, CLARK, and LYE are and particulars had at the Prince Arthur Hotel, Boundary-road; of

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

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

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

| MESSRS. FAREBROTHER, CLARK, and LYE will MESSRS. FAREBROTHER, CLARK, and LYE are SELL, at Garraway's, on Wednesday, Jan. 24, at 12, in lots, by Il 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 | Flve Shops, with Dwelling-houses, and 33 Private Residences of uniform bury, St. Mary's, Westport, and Brockenborough, viz. two enclosures elevation and construction, called Bisterne-place, also situate in Presof accommodation land at Milbourne, on the road from Malmesbury ton-road. The whole of the property has been erected within these last to the Duke of York Inn, let to Mr. Charles Whale; three plots of 14 years, and is well built and finished. All now let (excepting one meadow, known as Upper and Lower Cat's-hill and Baskerwell's Mead, shop) to respectable tenants, producing a yearly income of 12501. The let to Mr. Hanks. In the town of Malmesbury.- A piece of garden, let above are held under lease from the East and West India Dock Comto Henry Parting; seven cottages and gardens called Drew's, in the papy 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;

& 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. ráway's; and at the offices of Messrs. Farebrother, Clark, and Lye, MESSRS. FAREBROTHER, CLARK, and LYE are Lancaster-place, Strand.

L directed to prepare for SALE, in the Spring, (unless previously

disposed of by private contract), the above highly-valuable FREEHOLD The Crown Lease of the Parthenon Club, Regent-street, Waterloo place,

ESTATE, of which a more detailed advertisement will shortly appear. with the possession in about seven years.

Lancaster-place, Strand. MESSRS. FAREBROTHER, CLARK, and LYE have

North Riding of Yorkshire.-The Egton important and highly valuable 1 received instructions to SELL by AUCTION (unless an aocept

Freehold Estate, intersected by the river Eske, and bounded in part able offer be previously made by private contract) the CROWN LEASE,

by the Whitby and Pickering Railway, the villages of Egton and for an unexpired term of 61 years, at a ground rent of 1001. per annum,

Egton-bridge, Water Corn-mill, Quarries, valuable Rights of Fishing of that noble pile of BUILDINGS, with court-yard, on the east side of

for 20 miles, and Shooting, extending over (in addition to cultivated Regent-street, Waterloo-place, now occupied by the Parthenon and

land) 6000 acres of moor, the entire estate embracing an area of nearly Erechtheum Clubs; on lease to the Parthenon Club for a term of which

13,000 acres about seven years are unexpired, at 15451. per annum, but which rent has been reduced to 1000C. per annum in consideration of a premium M ESSRS. FAREBROTHER, CLARK, and LYE respect. of 70001.: at the expiration of the Club lease there is no doubt that a IV. fully inform the public that the above highly-valuable and imporrental of at least 20007. per annum may be readily obtained, from the

I tant FREEHOLD ESTATE will be offered for SALE by AUCTION situation, capabilities, and extent of the property. More detailed in the Spring, unless an acceptable offer is previously made by private advertisements will shortly appear, and the property may be viewed contract. by Jetter 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 Pierce field; 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 importance of their being enabled walk extending about three miles: Gardens and Pleasure Grounds; to display an entire library, even should it extend to 20,000 volumes, in together with several compact Farms, with all suitable farming one large room at the same moment; thus affording their connexion and buildings, and upwards of 2000 acres of productive Land, a portion of casual visitors an opportunity to make personal selections with the which is especially adapted for the erection of Villas; several private greatest facility, instead of depending on the description of the catalogue. Résidences and Cottages in the village of St. Arvans, and the Pierce Most centrally situate, near the two principal Inns of Court, within a few field Inn; also the Stall House Farm, in the parish of Redwick,

doors of the Middle Temple Gate, THE FACILITIES FOR THE DISPOSAL about a mile and a half from the Magar Station on the South Wales OF 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 W received instructions to prepare for SALE, in the Spring, (unless

of more private buyers and collectors than could be induced to visit less

public premises. Books, Prints, Pictures, and, in fact, all sorts of pro. an acceptable offer is previously made by private contract), the above

perty connected with Literature and the Fing Arts, in large or small ished and highly-valuable FREEHOLD ESTATE, of which

parcels, may be transmitted to Southgate and Barrett's Rooms, and if further particulars will shortly appear.

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 areP

PERIODICAL SALE of SHARES in the INSURANCE

1 OFFICES connected with the LEGAL PROFESSION.-Messrs. instructed, pursuant to an order of Vice-Chancellor Sir John

HAMMOND & EILOART invite those gentlemen desirous of disposing Stuart, to SELL by AUCTION, at Garraway's, on Wednesday, Jan. 24,

of their Shares, or of becoming Shareholders in any of the Legal Offices, at 12, in two lots-Lot 1. A Policy of Assurance, effected in 1837, in the

to forward their wishes to their Offices, No. 28, Chancery-lane, where Rock Life Assurance Office, upon the life of the Earl of Lisburne, now

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. 108. Ild. 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,

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

JANUARY 20, 1855.

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

TAW PARTNERSHIP.-A Gentleman, having a thorough

CHANCERY PRACTICE. U knowledge of Conveyancing and Chancery, and some acquaintance

SIDNEY SMITH'S HANDBOOK of CHANCERY with Common Law, who has been in extensive practice in partnership 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 20002. to 3000!. The highest references given and required. Address M. M., Messrs. Cartwright & Sons, Chancery-lane.

JARMAN'S NEW CHANCERY PRACTICE.-SECOND EDITIOX.

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

THE NEW PRACTICE of the HIGH COURT of MR. HODGSON will SELL by AUCTION; at his New 1 CHANCERY relative to the Conduct of Suits by Bill, Claim, or 11 Auction Rooms, the corner of Fleet-street and Chancery-lane, 1 Original Summons, and to Proceedings in the Judges' Chambers and on FRIDAY, Jan. 26, and three following days, (Sunday excepted), at Masters' Offices : including Forms of Costs and numerous other Forms, half-past 12, a COLLECTION of VALUABLE BOOKS, including the the Practice relating to Special Cases, the several Acts concerning Library of the late Sir T.E.M. Turton; comprising, among many other Trustees and Charitable Trusts, and the Indemnity of Executors and standard and valuable works--In folio: Maps of The Society, 2 vols.; Administrators, with the Orders and Decisions of the Court thereunder; Manning & Bray's Surrey, 3 vols. ; Poli Synopsis, 5 vols.; &c. Quarto: and a copious Index. By HENRY JARMAN. Froissart Chroniques, 3 vols., (black letter, 1493); a large Collection of London: W. Maxwell; S. Sweet; and Stevens & Norton, Law Old Plays, printed in 1640, &c.; Holinshed's Chronicles, 6 vols.; Rees's Booksellers and Publishers. Cyclopædia, 45 vols.; Tredgold on the Steam-engine, 2 vols., &c. Octaro, &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, Quarterly Review, 95 vols.; Yarrell's Fishes, 2 vols.; Bewick's Qua A TREATISE on the PRINCIPLES of EVIDENCE drupeds, large paper; Comber's Works, 7 vols.; Tracts for the Times,

and PRACTICE as to PROOFS in COURTS of COMMON 5 Fols.; Oratores Attici, 10 vols.; the Works of Byron, Scott, Dickens,

| LAW; with Elementary Rules for conducting the Examination and Thackeray, and others, many in handsome bindings.

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

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

MENT, shewing the Alterations effected by the Common-law Procedure - The Library and remaining Publications of the late John Minter

Act and other Statutes of 1854.
Morgan, Esq.

*** The SUPPLEMENT can be had separately, price 2s., sewed in MR. HODGSON will SELL by AUCTION, at bis New

wrapper. Auction 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 LIBRARY and REMAINING PUBLICATIONS of the late J. M.

POLLOCK'S PRACTICE OF THE COUNTY COURTS. Morgan, Esq. In this Collection will be found numerous Works on

In 1 vol. royal 12mo., price 18s. cloth boards, Philanthropy, Political Economy, Education, and Theology; together THE PRACTICE of the COUNTY COURTS; in Eight with the usual standard Historical and other Works, in good preserva

1 Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly tion. The Publications comprise The Phenix Library, a selection of

and Industrial and Provident Societies Acts.-3. Jurisdiction under Original and other Works, in 13 vols., of which there are about 3000

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

Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against • Nineteenth century, 3 vols. 8vo.; The Revolt of the Bees, 8vo., fscp.;

Judgment Debtors.-7. Arrest of Absconding Debtors.-S. AdministraThe Christian Commonwealth, &c. A few Prints, framed and glazed, a

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

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

List of the Court Towns, Districts, and Parishes, and the Rules of

Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of The valuable Theological Library of the late Chancellor Raikes.

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

enlarged. Icutor 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, ITH THE NEW BOOKS, comprising the Works of the most eminent Divines, Ser

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

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

THE COMMON-LAW PROCEDURE ACT, 1854, 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.

Jun., of the Inner Temple, Esqrs., Barristers at Law, Also, a Treatise on of No. 31. GREAT JAMES-STREET, Bedford-row, which ex

Inspection and Discovery, under the above Act and the 14 & 15 Vict. pires at Lady-day, 1867. The Premises are held at the low rent of 561.

e. 99. By CHARLES EDWARD POLLOCK, of the Inner Temple, per annum. The House (except the suite of three convenient offices

Esq., Barrister at Law. Together with Notes, Cases, Index, and the on the ground floor and a cupboard under the kitchen stairs) is re

New Rules and Forms of Michaelmas Vacation, 1854. spectably underlet to a family, at 501. per annum, for a term which

S. Sweet, 1, Chancery-lane, London. expires at Midsummer, 1857. The lessee pays the taxes, and the undertenant provides a laundress for the offices. Apply to Messrs.

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

This day is published, in 12mo., price 28. sewed, TO GOVERNORS OF GAOLS, POLICE OFFICERS,

I PRACTICAL DIRECTIONS for the FORMATION of &c.-At the LONDON SCHOOL of PHOTOGRAPHY, 78, New

1 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. Esa.. Berratus 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,
THE SECOND EDITION OF swim -

TO PARISH OFFICERS. - THE LAW of RAILWAYS, RAILWAY COMPANIES, I

Just published, in 1 vol. 12mo., price 14s. cloth, 1 and RAILWAY INVESTMENTS. With the Cases on Com

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

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

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

This day is published, in 12mo., price 4s. boards, HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of TREATISE on EQUITABLE DEFENCES and Poole. Second Edition.

^ PLICATIONS under the COMMON-LAW PROCEDURE ACT,., London: S. Sweet, Chancery-lane, Fleet-street, Law Bookseller and 1854. By JOHN D. MAYNE, Esq., of the Inner Temple, afrister Publisher. .

at Law,

S. Sweet, 1, Chancery lane.

ility may be obtained Sete of first-rate Appa

rister at Law; Author of

No. 2, Vol. I., New SERIES.

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6. TRACTS CAL TREATIscell. 11s. 6d. couDER SEAL.

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

WILLIAMS ON PERSONAL PROPERTY. THE LAW and PRACTICE of the COPYRIGHT, RE.

Inl vol. 8vo.. price 168. cloth,

PRINCIPLES of the LAW of PERSONAL PROPERTY, LGISTRATION, and PROVISIONAL REGISTRATION O DESIGNS; and the COPYRIGHT and REGISTRATION of SCULP

1 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, Evijence in Cases of Piracy: with an Appendix of Tables of Fees, Sta

Barrister at Law. tutes and the Rules of the Board of Trade. By JOHN PAXTON

S. Sweet, 1, Chancery lane.
NOLVIN, M. A., of the Inner Temple, Special Pleader.

WILLIAMS'S LAW OF REAL PROPERTY.
S. Sweet, 1, Chancery lane.

In I vol. 8vo., 3rd edit., 18s. cloth boards,
BRITISH AND NEUTRAL COMMERCE.

PRINCIPLES of the LAW of REAL PROPERTY,
Just published, price 58. cloth bds.

1 intended as a First Book for the use of Students in Conveyancing. E RIGHTS of BRITISH and NEUTRAL COM.By JOSHUA WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law. L VERCE, as affected by recent Royal Declarations and Orders in

S. Sweet, 1, Chancery-lane.
Couro By JOHN HOSACK, of the Middle Temple, Barrister at Law.

In 8vo., price 108. boards,
S. Sweet, 1, Chancery-lane.

A TREATISE on the LAW of EQUITABLE MORT.
THE NEW LAW OF EVIDENCE.

GAGES, containing a Statement of the Law respecting the Liens Price Ss. boards,

of Vendors and Purchasers, of the Rights and Remedies of Equitable A TREATISE on the POWER of the COURTS of COM.

Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to A VON LAW to compel the Production of Docume

Equitable Mortgages, of the Priority of Judgments over Equitable Mort

gages; with Observations on the Dictum of Lord Cottenham, and the tion. With an Appendix, containing the Act to Amend the Law of

Judgment of the Vice-Chancellor Wigram in WHITWORTH U. GAUGAIN, Evinec, 14 & 15 Vict. c. 99, and Notes thereto. By CHARLES

and on the Course of Proceeding on the Bankruptcy of an Equitable EDWARD POLLOCK, Esq., of the Inner Temple.

Mortgagor; with an Appendix, containing the Judgment of the ViceS. Sweet, 1, Chancery-lane.

Chancellor Wigram in WHITWORTH U. GAUGAIX, Forms for Equitable CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL.

Deposits, &c., and an Index. By SAMUEL MILLER, Esq., Barrister In 1 vol. royal Svo., price 11. 11s. 6d. cloth,

at Law. A PRACTICAL TREATISE on the LAW of CON.

S. Sweet, 1, Chancery-lane, Fleet-street. ALTRACTS NOT UNDER SEAL, and upon the usual Defences to

In one volume, price Il. 18, cloth boards, Act is thereon. By JOSEPH CHITTY, Jun.. Esg. The Fifth Edi VER. SERJEANT BYLES'S TREATISE on BILLS of tion. By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at

1 EXCHANGE.-A Treatise on the Law of Bills of Exchange, Lax, and Professor of English Law in University College, London.

Promissory Notes, Bamk Notes, Bankers' Cash Notes, and Cheques. S. Sweet, i, Chancery-lane.

The Sixth Edition. By JOHN BARNARD BYLES, Serjeant at Law.
LAW OF MERCHANT SHIPPING.

S. Sweet, i, Chancery-lane.
In 1 vol. Svo., price 20s. in cloth boards,

WISE'S BANKRUPT LAW.
COMPENDIUM of the LAW of MERCHANT

In I vol. 12 mo., price 14s, in cloth hds., 1 SHIPPING, with an Appendix, containing all the Statutes of

X: containing all the Statutes of THE BANKRUPT LAW CONSOLIDATION ACT, pra al utility. By FREDERIC PHILIP MAUDE and CHARLES

1 1849. (12 & 13 Vict. c. 106), and the ABSCONDING DEBTORS EDARD 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., Oi!PIANT ON THE LAW OF HORSES, GAMING, &c.

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

S. Sweet, 1, Chancery-lane. boards, of

HAYES & JARMAN'S CONCISE FORMS OF WILLS. THE LAW of HORSES; including the Bargain and Sale In 1 vol. cloth boards, price 158., the Fourth Edition, enlarged, of L i Chattels: also the Law of Racing, Wagers, and Gaming. By

CONCISE FORMS of WILLS, with Practical Notes. By GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, bar:'ter at Law, Author of "The Law of Pews and Prohibition,"

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

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

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

In I vol. royal 8vo., price 188. cloth boards,
THE LORD MAYOR'S COURT.

A SUPPLEMENT to JARMAN & BYTHEWOOD'S
In 12mo., price 58. cloth boards.

CONVEYANCING, Title " Purchase-deeds;" containing the reTHE LAW and PRACTICE of FOREIGN ATTACH.

cent Statutes relating to the Practice of Conveyancing, including the 1. MENT in the LORD MAYOR'S COURT, under the NEWTrustee Act, 1850, the Stamp Act, and the Attendant Terms Act. RILLS of PRACTICE. With an Appendix of the Forms of Proceed With a Summary of the Stamp Laws, Precedents of Conditions of Sale, ing ... Attachment and in ordinary Actions. By JOHN LOCKE, M.A., copious Notes, and an Index. By GEORGE SWELT, Esa.. of the bitter at Law, and one of the Common Pleaders of the City of Inner Temple, Barrister at Law.

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

THE CONCLUDING VOLUME OF CHITTY'S STATUTES. SIR E. SUGDEN ON THE LAW OF VENDORS AND

This day is published, in royal 8vo., price ll. lls. 6d. in cloth boards,
PURCHASERS.

Vol. 4 of
In I thick vol. 8vo., price 11. 1s. cloth boards,

CHITTY'S COLLECTION of STATUTES or PRAC-
(ONCISE and PRACTICAL VIEW of the LAW of U TICAL UTILITY, with Notes thereon. By W. N. WELSBY
I VENDORS and PURCHASERS of ESTATES. By Sir and EDWARD BEAVAN, Esqs., Barristers at Law,
ET "ARD SUGDEN.

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

inn. RE. S GDEN'S WORK ON THE REAL PROPERTY

CRIMINAL LAW-PLEADING. EVIDENCE. AND PRACTICE.
STATUTES.

In 1 thick voi. royal 12mo., price 24s. cloth boards,
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39

CONTENTS

Leading Article .......

15

Court-Jurisdiction, local-Real estate in a foreign

Notes of the Week ..........

country-Appointment of several guardians)...... 37

Correspondence :-Photography a Criminal Detector .. 16

Vice-CHANCELLOR Wood's Court.

To Correspondents .............................. 17

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........

pany.-(Public company-Notice of intention to

Commissioners to administer Oaths in Chancery ......

take an easement in lands-Taking part or whole

London Gazettes ................................

of a manufactory) .........

NAMES OF CASES REPORTED.

COURT OF QUEEN'S Bench.

COURT OF CHANCERY.

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

By T. EDWARDS, Barrister at Law.

Carpenter v. Dunsmure. - (Devise - Construction -

Fleming v. Self.-(Building society-Mortgage-Re-

* To heirs, executors, administrators, and assigns.
demption-6 & 7 Will. 4, c. 32- Arbitration).... 25

pur autre vie"'--Special occupant)............. 41

COURT OF APPEAL IN CHANCERY.

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 o, Baker.-(Practice- Motion to take bill pro

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

for life, with remainders to the sons of the body-
confesso, under Order 79 of May, 1845- Notice of) 32

In re Cameron's Coalbrook Steam-coal and Swansea

Default of issue)..............................

and Lougher Railway Company.-Ex parte Green.

Baker v. Marsh.-(Municipal corporation-- Qualifica.
-Joint-stock Companies Winding-up Amendment

tion of councillor Rating -Annual value"-

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

58. 6 Will. 4, c.76, s. 28) .................... 44

Rolls COURT.

COURT OF EXCHEQUER.

By G. Y. Robson, Barrister at Law.

By W. M. Best, Barrister at Law.

Field v. Moore,-(Ward of Court-Married woman

The North British Assurance Company v. Lloyd.-(Gua-

Setllement 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)........

VICE-CHANCELLOR KINDERSLEY's Court.

Elliott v. Bishop.-(15 g. 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 &

VICE-CHANCELLOR STUART's COURT.

18 Vict. c. 125, s. 51) .............

By T. F. MORSE, Barrister at Law.

ADMIRALTY PRIZE Court.

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

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

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

THE JURIST.

tween persons filling this relation does not rest on any

refinement or fiction of the common or canon law, but

LONDON, JANUARY 20, 1855.

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 una;” 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,

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

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

character attached to words and letters which pass be- ! * See Monroe v. Tristlelon, (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.

B

regard for the private injury that may have been in- plaintiff's counsel applies for it. Immediate execution ficted. 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

ow was not admissible as a davit for that purpose. witness to shew that she pledged goods by her lius- ! At a meeting of the Law Amendment Society, (Jan. land's authority in an action hout by his eventors 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 text

At a meeting of the Statistical Society, (Jan. 15), looks generally give, as the reason for the rule as to

| Dr. Waddilove read a paper upon the Law of Blockade. excluding the testimony of husband or wife, the ne(rssity of preserving the confidence of the conjugal | T.

1. Mr. W. S. Lindsay, M.P., addressing a meeting at

a Tynemouth on the lith January, observed that the form l'eiition; and that may be so. But it by no means of the charterparty still used in England was verbatim follows that the rule is co-extensive with the reason the same as in the days of the Dutch war and Lord Camgiven in support of it; and indeed it would be very perdown; but the French adopted a simple form, like inconvenient if it were so, as the question would fre- | that used in the merchant service, and were in this quently be raised as to whether or not some particular respect greatly communication or fact occurrins between husband and ! Fifteen of the sixty county court judges have had wife was of a confidential character, which would give

their salaries raised to the maximum, 15001., instead

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

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

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

TO THE EDITOR OF “THE JURIST." There are other instances of communications being SIR, -In your leading article in last Saturday's a lighly privileged, upon principles of public policy, JURIST (18 Jur., part 2, p. 521) you notice the act of is not to be affected by the presence of malice. the 27 Hen. (, c. 5, prohibiting the holding of fairs on

Thus, for libels published or slander uttered in the Sundays, “ the four Sundays in harvest except." que course of parliamentary or judicial proceedings, ..

I infer, from the omission of all notice of it, that

'l you have overlooked a recent act repealing the exw action of libel or slander can be maintained, what

mata ception, and take the liberty of directing your attenever may have been the malice of the defaming party. tion to it.

Dee Lord Beauchamps v. Sir Richard Croft, Dy. The act I refer to is the 13 Vict. c. 23, which, after 28.5 a; Astley v. Younge, 2 Burr. 807; Anfield v. reciting the 27 Hen. 6, c. 5, enacts," that the exception Frrrhill, 2 Bulst. 269; Roll. Ab. 87, pl. 4: 1 Stark. I of the four Sundays in harvest contained in the said Libel, 240, note (2b): and Stockdale v. Hansard. 9 Ad, act shall be repealed, and the said act shall be con

strued as if such exception were not inserted therein.” El. 1).

I am, Sir,

Your obedient servant,
NOTES OF THE WEEK.

ARTHUR JOHN Wood. 4, New-square, Lincoln’s-inn,

Jan. 10, 1855. The Court of Queen's Bench (Jan. 13) discharged s benen van: 1) discharged! We are much obliged to our correspondent for

we are much obliced the rule for a criminal information obtained against Mr. calling our attention to the above statute, which we Marshall, the judge of the Yorkshire County Court, for had overlooked.-Ed.] rei'using to allow Mr. Shaw, a barrister, to practise ile fore him, but discharged it without costs, and on the PHOTOGRAPHY A CRIMINAL DETECTOR. I'mund that Mír. Shaw had made a previous application'

TO THE EDITOR OF “THE JURIST.” in the matter to the Lord Chancellor.

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

subject in your last week's paper. The former mode at the shipping port. The Court (Martin, B., dissen

dissen- of - taking a prisoner's likeness” was, on his admis1ente) held, that in the absence of any contract to the ' sion, to place him in an ante-room, and for all the contrary, freight was payable on the quantity shipped, officers of the gaol to pass by him-a dismal train, like and not on the quantity delivered.

the ghosts that appeared before Macbeth-until they In Gore v. Bowser, Sir J. Stuart, V. C., has held

had become acquainted with his personal lineaments.

"But such a likeness was not transmissible from prison (Jan. 15) that an equitable interest in leasehold pro

in leasehold pro- to prison. The doers of dark deeds will hate the light 1ority may be reached under a fi. fa. issued upon a judg- more than ever, when it not only discloses their present ment which had not been registered in pursuance of actions, but throws its full glare upon their antecedent the 1 & 2 Vict. c. 110*.

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

1 “We lately called attention to the circumstance,

that Captain Smart, the superintendent of police in in this term is to allow execution in undefended causes

Glasgow, contemplated the introduction of a system of to 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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