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First-class Investments, comprising Annuities or Rent-charges, granted Hammersmith.-Very valuable Copyhold Estates, producing about 1601.

under the Metropolitan Districts Acts of Parliament, and secured upon per annum, part of the Estates of the late William Payne, Esq. the various Police offices.

MESSRS. FAREBROTHER, CLARK, and LYE are MESSRS. FAREBROTHER, CLARK, and LYE have 1 directed by the Executors to SELL by AUCTION, at Garra11 received instructions from the Executors of the late George Town way's, on Wednesday, May 30, at 12, in lots, a very valuable COPYley, Esq., of the Albany, to SELL by AUCTION, at Garraway's, on HOLD ESTATE, situate in the High-street, Hammersmith, near the Thursday next, May 17, at 12, the following very valuable ANNUI Broadway, comprising three capital Houses and Shops, with large gar

NT-CHARGES. viz. :-Lot 1. A rent or annuity or 3151. I dens, in the occupations of Mr. Lacey, grocer, and Mr. per annum, clear of all deductions, for 17 years, secured upon the Bow- sterer, at rents amounting to 1321. 108. per annum; also a very valuable street Police-court, under the authority of the Receiver-General, acting piece of Copyhold Ground, now used as a market garden, in the rear under the Metropolitan Police Districts Acts of Parliament. Lot 2. A of the foregoing, and having frontage to, and entrance from, Great rent or annuity of 1231. 188., clear of all deductions, for 42 years, secured Church-lane, adapted for building purposes. The property is copyhold upon the Hunter-street Police-court, Brunswick-square, and premises, of the Manor of Fulham, subject to a quit-rent of 2s, per annum, and under the like authority. Lot 3. An annuity of 2661. 28., clear of all deduc the land-tax is redeemed. tions, for 48 years, secured upon the Blackman-street Police-station, Bo May be viewed by permission of the tenants, and particulars had of rough, under the like authority. Lots 4 and 5. Improved rents, amounting Edward Jennings, Esq., solicitor, 9, Chancery-lane; and at the offices to 2871. per annum, clear of all deductions, for 51 years, secured upon of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. premises in Great Scotland-yard, occupied by the Commissioners of Police, and partly by the Lords of the Admiralty. Lot 6. An annuity of

Chepstow, Monmouthshire.-The distinguished Freehold Domain of 2541. 138. 10d., clear of all deductions, for 84 years, secured upon the

Piercefield, capital Mansion, beautifully undulated and finely timWestminster Police-station, Vincent-square, under the authority of the

bered Park, bounded by the river Wye, to which there is a terrace Metropolitan Police Districts Acts of Parliament. Lot 7. An annuity

walk extending about three miles, gardens and pleasure grounds, of 551. 12s. per annum, clear of all deductions, for 30 years, secured

together with several compact Farms, with all suitable Farming upon the Greenwich Police-station, Blackheath-road, under the like

Buildings, and upwards of 2000 acres of productive Land, a portion authority.

of which is especially adapted for the erection of villas, several priParticulars are preparing, and may shortly be had of James Townley,

vate residences and cottages in the village of St. Arvans, and the Esq., solicitor, 1, Moorgate, London-wall; at Garraway's; and at the

Piercefield Inn; also the Stall-house Farm, in the parish of Redwick, offices of Messrs. Farebrother, Clark, and Lye, 6, Lancaster-place,

about a mile and a half from the Magar Station on the South Wales Strand.

Railway.

MESSRS. FAREBROTHER, CLARK, and LYE are Twickenham Common, within one mile of the Station.-Beautiful

M1 instructed to submit for SALE by AUCTION, at Garraway's, Freehold Gothic Villa Residence, Stabling, Pleasure Grounds, and

on Thursday, May 31, at 12, in one or numerous lots, (unless an acPaddocks, with possession.

ceptable offer is previously made by private contract), the distinguished MESSRS. FAREBROTHER, CLARK, and LYE have

DOMAIN of PIERCEFIELD, mansion, park, pleasure grounds, and

lands, most beautifully situate on the banks of the Wye, near the town II received instructions to SELL by AUCTION, at Garraway's,

of Chepstow; the domain immediately attached to the mansion, emon Wednesday, May 30, at 12, a beautiful detached Gothic VILLA

bracing about 700 acres, a considerable portion of which forms the park, RESIDENCE, freehold and small part copyhold, at Twickenham

inclosed by a wall of nearly two miles in extent, beautifully undulated Common, about one mile from the station, and near to the park of Sir

and clothed with forest, yew, and other trees and brushwood, stretching William Clay, Bart. The residence is approached from the high road

down to the banks of the Wye, that part which skirts the river being through handsome iron entrance gates, is placed in the centre of the

precipitous, and having winding walks of several miles in extent, compleasure grounds, ornamented with stately timber, and contains seven

mencing near Chepstow Castle, and ending at the celebrated Wyndcliffe, bed chambers, two dressing rooms, boudoir, drawing and dining rooms,

at various points commanding the most extensive views of the scenery of library, breakfast room, bath room, and servants' offices; detached

the confluence of the Severn and Wye, with the distant views of Gloustabling, dairy, and carriage yard, tastefully disposed pleasure grounds,

cestershire, Wiltshire, Somersetshire, the Bristol Channel, Monmouthwalled kitchen garden, orchard, and paddocks. The whole about 3

shire, Glamorganshire, &c.: the limits of an advertisement render it imacres. There is plenty of good water, excellent drainage, and gravelly

possible to give an adequate description of the scenery of this beautiful soil. Abutting on the pleasure grounds is a fine sheet of water, which is

locality. The estate commences within one mile of Chepstow, and ex. rented of the Duke of Northumberland.

tends, with little interruption, to Tintern Abbey. The several farms are May be viewed, and particulars had of Messrs. Nelson, solicitors,

known as Portcasseg, Lancant, Red House, Penterry, the Gardens, Essex-street, Strand; of Messrs. Burley and Carlisle, solicitors, New

Gaer-hill, Brown's Grounds, Great and Little Pantas, Cae Douts, Pantry square, Lincoln's-inn; at Garraway's; and at the offices of Messrs.

Mill, and Lands; numerous private residences and cottages in the vilFarebrother, Clark, and Lye, Lancaster-place, Strand.

lage of St. Arvans, the Piercefield Inn, and several plots of accommoda

tion and building land; the whole comprising an area of about 2100 Warwick-road West, Paddington.- A capital newly erected long Lease acres, and of the value of nearly 30001. per annum. Also, in the parish hold Residence, with possession.

of Redwick, about one mile and a half from the Magar Station on the MESSRS. FAREBROTHER, CLARK and LYE will South Wales Railway, between Kingston and Newport, the freehold IN SELL, at Garraway's, on Wednesday, May 30, at 12, by direction farm, known as Stall-house Farm, comprising about 45 acres, in the of the Executors of Edward Dixon, Esq., the mortgagee, a capital

occupation of Mr. Lewis Williams, at the rent of 801. per annum. newly-erected FAMILY RESIDENCE, 1, Warwick-road West, of

Particulars, with plans, may be had at the Beaufort Arms Inn, Chephandsome elevation, ornamentally stuccoed, and pleasantly situate at the stow; of Messrs. Evans, solicitors, Chepstow, Monmouthshire; Red junction of the Warwick-road, Clifton-villas, and Clifton-gardens, and | Lion, Magar; King's Head, Newport; and in London, of Messrs. Humne near to the site for the new church, and contains on the upper floor, and Bird, the solicitors to the vendors, 10, Great James-street, Bedfordtwo bed rooms; on the third floor, two good bed rooms, landing, and row: and of Messrs. Farebrother, Clark, and Lye, Lancaster-place. water-closet; on the second floor, two spacious bed rooms, dressing or Wiltshire.-Very valuable Church Preferment, amounting to nearly bath room on landing; on the first floor, two elegant and lofty drawing

15002. per annum; the Incumbent aged 70 years. rooms, finished with great taste, with bow front window, fitted with

MESSRS. FAREBROTHER, CLARK, and LYE are plate-glass; good dining room and library, lobby, water-closet, and school room; entrance and inner halls, with stone staircase, handsome

1 instructed to SELL, at Garraway's, on Wednesday, June 13, at 12, iron balustrades, and the walls papered in imitation of Siennæ marble;

(unless an acceptable offer is previously made by private contract), kitchen, scullery, housekeeper's room, pantry, footman's room, wine

the very valuable NEXT PRESENTATION (subject to the life of the cellar, larder, coal vaults, &c. in the areas, and side entrance to the

incumbent, aged 70 years) to the RECTORY of Pewsey, situate about road. The principal rooms are of good dimensions and proportions, and

seven miles from Marlborough, twelve from Devizes, thirty from Bath, finished in a superior style. The estimated annual value being 1601.

and fourteen from the Great Western Station at Hungerford; consisting per annum. Is held under a lease for a term of 971 years from the 25th

of an excellent residence, with offices, garden, and 124 A. 2R. IP. of glebe March, 1853, at a ground rent of 241. per annum.

land. Also the commuted Rent-charge in lieu of the great and small May be viewed on application, and particulars had at the residence;

tithes of the parish, containing about 4000 acres. The gross annual of Messrs. Lee and Pemberton, solicitors, 44, Lincoln's-inn-fields;

value is 14641. 118. 7d. at Garraway's; and of Messrs. Farebrother, Clark, and Lye, 6, Lancaster

Descriptive particulars may be had, 21 days previous to the sale, of

Messrs. Blake, Tylee, & Tylee, 14, Essex-street, Strand; at the Bear place, Strand.

Inn, Devizes; Ailesbury Arms, Marlborough; White Hart, Bath:

Angel, Oxford; Bull, Cambridge; at Garraway's : and at the offices of Very valuable Freehold Estates, Strand and Temple-bar, producing

Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. about 6301. per annum, part of the estates of the late William Payne, Esq.

Essex. In the parish of Magdalen Laver, easy distances from Harlow, M ESSRS. FAREBROTHER, CLARK, and LYE are and the capital Market Towns of Epping, Bishop Stortford, and

1 directed by the Executors to prepare for SALE by AUCTION, Ongar, very desirable and compact Freehold Estate, called Spencer's at Garraway's, on Wednesday, May 30, at 12, in lots, the following

Farm, with upwards of 126 acres of productive Land. very valuable FREEHOLD ESTATES, viz.: ---The New Barn public-MESSRS. FAREBROTHER, CLARK, and LYE have house and wine-vaults, in St. Clement's churchyard, in the Strand, II received instructions to SELL by AUCTION, at Garraway's, on let on lease, expiring 1859, at 1501. per annum, a premium of several Wednesday, June 13, at 12, a very desirable FREEHOLD ESTATE, thousand pounds having been given for the lease. Nos. 7, 8, 9, 13, 14, called Spencer's Farm, land-tax redeemed, partly adjoining the hight 15, and 16, Great Shire-lane, and Nos. 1, 2, and 3, Brick-court, on leases road from Epping to Harlow, six miles from the former, five from the and agreements, at rents amounting to 1701. per annum. No. 37, Bell- latter, and six and eight miles respectively from the capital market yard, Temple-bar, let on lease to Mr. W. Stevens, as a printing office, towns of Ongar and Bishop Stortford; comprising a capital farm-house, at 651. per annum; and 39, Bell-yard, Temple-bar, let on lease to Messrs. garden, warm yards, all suitable and well-arranged agricultural buildRichard Stevens and G. S. Norton, at 651. per annum. The dwelling |ings, and 126A. IR. 30 P. of productive arable and pasture land, lying house and printing-offices, 38, Bell-yard, and 10, Great Shire-lane, on within a ring fence. The lands are in a high state of cultivation, the lease to Messrs. Roworth and Sons, at 1711. per annum, and ground in pastures are bounded by a stream, and lie well for irrigation. There are the rear of 41 and 42, Bell-yard. The properties may be viewed by per several ponds on the property, and it has been in the occupation for upmission of the respective tenants.

wards of twenty years of the late Mr. John Larter, a highly-respectable Particulars are preparing, and may be had of Edward Jennings, Esq., and intelligent farmer, and now of his executors. solicitor, 9, Chancery-lane; at Garraway's; and at the offices of Messrs. May be viewed, and particulars, with plans, had at the farm; at the Farebrother, Clark, and Lye, Lancaster place, Strand.

| George and Green Man Inns, Harlow; Cock, Epping; Crown, Ongar;

78

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CONTENTS. Leading Article ..

177

COURT OF QUEEN'S BENCH-(continued). Notes of the Week...

Hughes v. Lumley.-(Ejectment- Title by elegit, First Report of the County Courts Commission...

Warrant of attorney-Usury-Priority of judg. Gentlemen called to the Bar .

ments) ....................................

422 London Gazettes.

Croft v. Lumley.--(Ejectment - Leave to appear and NAMES OF THE CASES REPORTED.

defend-- Affidavit-Lessee of box in theatre-DeCOURT OF APPEAL, IN CHANCERY.

fence as to part_" Tenant by elegit''- Common. By F. FISHER, Barrister at Law.

law Procedure Act, 1852, (15 & 16 Vict. c. 76), Ewart v. Williams.-Williams v. Ewart, -(Books of

88. 172, 174)................................ 424 account, when to be taken, under the 54th section

Gore v. Baker.-(Award-Count for several demands of the 15 & 16 Vict. c. 86, as primâ facie evidence

- Plea, never indebted - One finding - Costs of the matters contained in them-15 & 16 Vict.

Sending award back) ........ c. 86, s. 54, retrospective in its operation) ...... 409

COURT OF Common Pleas.
Rolls Court.

By W. Paterson and W. Mills, Barristers at Law.
By G. Y. Robson, Barrister at Law.

Griffiths 0. Teetgen.--(Seduction - Master and ser. Minet v. Leman.-(General Inclosure Act, 8 & 9 Vict.

vant-Evidence of service - Temporary residence c. 118, 8. 147-Exchange of lands) ............ 410 not service) ........................... Vice-CHANCELLOR KINDERSLEY's Court.

Butcher 0. The London and South-western Railway By C. MARETT, Barrister at Law.

Company.-(Liability of railway company for the Deeks v. Stanhope.-(Practice-Demurrer-Revivor). 413 loss of luggage-Delivery of luggage to a pas. VICE-CHANCELLOR Stuart's Court.

senger) .................................... 427 By T. F. MORSE, Barrister at Law.

COURT OF EXCHEQUER. The Earl of Mansfield o. Ogle.-(Annuity - Charge

By W. M. Best, Barrister at Law. upon land-Term of years - Statute of Limitations -Trustee and cestui que trust)........

u l Rodway o. Lucas.-(15 & 16 Vict. c. 76, 8. 25-Spe. The Same v. The Same.-(Mortgagor and mortgagee

cial indorsement on writ of summons-Practice).. 429 - Foreclosure-Usury- Post obits - Pleadings

Crown Cases RESERVED. Subordinate litigation in the Master's office not

By G. Francis, Barrister at Law. allowed) .................................. 415

Reg. d. Chandler.-(Indictment for not supporting VICE-CHANCELLOR Wood's COURT.

child-Proof of allegations) .................. 429 By MATTHEW B. BEGBIE, Barrister at Law,

Reg. v. Oates.-(False pretencesIndictment-- What In re Flitcroft.-(Vesting order- Copyholds)......., 418

sufficient allegation of false pretence) .......... 429 COURT OF QUEEN's Bench.

Reg. O. Rundle. (Ill-treating lunatic-16 $- 17 Vict. By G. J. P. Smith and W. B. Brett, Barristers at Law,

c. 96, s. 9-Care or charge of lunatic-Husband Reg. t. The Manchester, Sheffield, and Lincolnshire

and wife) ......................

..................... 430 Railway Company.-(Railway company-Compen. sation - Master of grammar-school- Interest not

COURT OF ADMIRALTY. greater than as tenant from year to year--Arbi.

By J. P. Deane, D. C. L. tration-Lands Clauses Consolidation Act, 8 & 9 The Lanarkshire.-(Wages-Ship's articles-Lis alibi Vict. c. 18, 88. 68, 121)...................... 419 || pendens-Action in rem and in personam)...... 431

............

414

THE JURIST. be overawed by the rude soldiery in their vicinity; or

that powerful suitors would have endeavoured to avail LONDON, MAY 12, 1855.

themselves of the military power in support of their

claims, or of their resistance to the claims of others; On a recent occasion, in the House of Peers. Lord the maxim “inter arma leges silent” then had a pracCampbell stated that he found an impression prevailing tical application. The ar

tical application. The army have often been used as

ciri the instrument of despotism; as the law itself, although cuit. that the military (including the militia) should I generally the friend of liberty, has also been perverted be excluded from them during the holding of the

to the same end. Between the two, however, there assizes; but stated his own opinion to be, that this was

has at times been the most strenuous conflict, and not required by law, although it was so during the some symptom of it may have been, at all events until holding of elections of members to serve in Parliament. / recently, perceived in the fact that the soldier was not The Lord Chancellor concurred in this opinion. The popular with the lawyer, nor certainly the lawyer practice in this respect has differed during the last year

ast vear with the soldier. At the present day, however, there or two in different places; in some the militia were

is happily a combination rather than an antagonism retained in the town, and formed a considerable por

of the forces of the State, all tending to the preservation of the spectators and auditors in court; in others,

tion of internal peace and the enforcement of justice. they were sent away, from a supposition that it was

The objects of civil and military power in this respect constitutional to do so; in others, they left merely be

should be identical, and there appears no reason whatcause of the difficulty felt by the inhabitants in billeting

ever for the retreat of our army before the peaceful them, and at the same time providing for the invasion I judge and barrister upon circuit, leaving the “javelin of counsel, attornies, and witnesses*. It may be that in man" as the only representative of physical force. former times the ministers of justice were supposed to

At elections, generally a time of intense excitement,

riot, and battle, when each party tries to enlist on his side * A military friend has informed us that the rule in practice all the material guaranties that are available, other conin England is to confine the men to the barracks until the siderations present themselves, and it may be as well to judge sends word that he does not think it necessary to do so ; but that in Ireland, the judges, not being afraid of soldiers,

d of soldiers: deprive them of the formidable strength-ready to hand are often attended by a military guard of honour,

-of armed and disciplined soldiers.

From the first establishment of a standing army, the / c. 21, which, after reciting that in consequence of jealousy of the House of Commons has been directed changes in the law for taking the poll, the inconveto prevent any military interference at elections. Thus, nience and expense of removing soldiers was greatly (4 Journ. 346, Nov. 17, 1645), the House resolved, increased, enacts, that on every day fixed for the no“That all elections of any knight, citizen, or burgess mination, election, or taking the poll, no soldier within to serve in Parliament be made without interruption or two miles shall be allowed to go out of barracks, unless molestation by any commander, governor, officer, or to mount or relieve guard, or give his vote at the elecsoldier.” Again, (24 Journ. 37, Dec. 22, 1741), “That tion, and that, going out for that purpose, he shall rethe presence of a regular body of soldiers at an election turn with all convenient speed. Provision is made for of members to serve in Parliament is a high infringe- notice of all elections to be given by the Clerk of the ment of the liberties of the subject, a manifest violation Crown to the Secretary at War, and by him to the of the freedom of elections, and an open defiance of the general officer commanding the district; and it is prolaws and constitution of this kingdom."

vided that the act is not to extend to any soldiers This resolution was passed in consequence of the attending as guards on her Majesty, or employed or proceedings at the Westminster election in 1741. The stationed in the Bank of England. Westminster justices were ordered into custody, and reprimanded by Speaker Onslow, for unnecessarily calling in the military. The concluding part of his address

NOTES OF THE WEEK. was as follows:-“What you have done is against one of the most essential parts of the law of this kingdom. We call attention to an important decision relating Has any real necessity been shewn for it? There to costs under the County Court Act. The plaintiff

claimed more than 201.; the defendant paid 81. into might be fears—there might be some danger; but did

court, and the plaintiff took it out in satisfaction. you try the strength of the law to dispel those fears and Coleridge, J., in a considered judgment, held that the remove that danger? Did you make use of those powers plaintiff was not deprived of his costs under the County the law has invested you with as civil magistrates for Court Act. (Chambers v. Wiles, Bail Court, May 2)." the preservation of the public peace ? No; you de Where the costs of an appeal were taxed by the clerk serted all that, and wantonly, and I hope inadvertently, of the peace by consent, the Court of Queen's Bench resorted to that force, the most unnatural of all others,

refused to interfere, although they were not taxed until

after the court of quarter sessions making the order for in all respects, to that cause and business you were them had ceased to exist. (Reg. v. The Hereford and then attending, and for the freedom of which every Shrewsbury Railway Company, Queen's Bench, April Briton ought to be ready to suffer anything.” (See 21). See also, as to an order for costs at quarter sesRogers on Elections, 237, note (a)).

sions, In re Ely, (Bail Court, May 1). Previous to this last resolution, viz. in the year 1735, The Court of Common Pleas has allowed to be placed in consequence of the increase of the standing army on the record, to an action of detinue for a lease, two

equitable pleas in these terms:-1. That the plaintiff about that period, the House of Lords directed the

! sued the defendants for the detention of the said lease, judges to prepare the act of the 8 Geo. 2, c. 30, by which

and recovered judgment in a former action, and issued all soldiers quartered in the county, borough, or place execution, and took other proceedings to enforce the where the election was held were to remove, at least said judgment; that the sum of 1501., to secure which one day before the election, to the distance of two miles

the said lease was deposited, is still due; and that no or more, and not to return until one day after the poll

tender of that sum has been made since the judgment is ended. (8 Geo. 2, c. 30, s. 1, 1785). An exception, lease been made after the termination of the proceedings

in the said former action, nor has any demand of the however, was introduced by sect. 3 in favour of the in the said former action. 2. That the lease was deGuards in the liberty of Westminster, or in South-posited to secure payment to the defendants of 1501. wark, or other place of royal residence, or in any fort and interest, by way of equitable mortgage, upon the or garrison in respect of such rumber of soldiers

terms of an agreement in writing; the former recovery, whereof the garrison was composed, or in respect of

and proceedings thereon; that the 1501, is still due;

that, after the commencement of this action, the deany soldier or officer entitled to vote at such election. fend

ection. fendants tendered and offered to deliver up the lease to The statute recites—“Whereas by the ancient common the plaintiff upon payment of the said 1501., and the law of this land all elections ought to be free; and defendants also tendered and offered the plaintiff his whereas by an act passed in the third year of King costs of this action up to that time; and that such Edward the First, of famous memory, it is commanded,

tender and offer were refused. upon great forfeiture, that no man*, by force of arms,

To an action on a bond the Court of Queen's Bench

allowed, as an equitable plea, accord and satisfaction nor by malice or menacing, shall disturb any to make ivo

to make by delivery of another bond for a larger sum. free election; .... and whereas it hath been the usage Petrie v. Stubbs, May 1).

(Lord and practice to cause any regiment, troop, or company, A bond, conditioned that B. should pay to I. such or any number of soldiers which hath been quartered costs as C. should, in due course of law, be liable to in any city, borough, or place where any election of pay in case of discontinuance, nonsuit, or verdict against members to serve in Parliament hath been appointed to him, and should allow C. to retain and apply any be made, to remove and continue out of the same during

monies of D. towards payment of such costs, has been

held not to constitute a debt due from D. as garthe time of such election;" and then enacted as above.

nishee, to C., within sect. 64 of the Common-law ProThis statute, however, was repealed by the 10 Vict. cedure Act, 1854. (Johnson v. Diamond, Exchequer,

April 27). * This should be," no great man :" in the original it is The following gentlemen form the select committee “ nul haut homme."

I on the Bills of Exchange Bills:-Sir Erskine Perry, the

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