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THOMAS DINGLEY, Strutton-ground, Westminster, Middlesex, draper and hosier, dealer and chapman, April 11 at 1, and May 16 at 2, Court of Bankruptcy, London: Off. Ass. Absager; Sols. Dean & Co., St. Swithin's-lane, City.-Fiat dated March 26.

JOHN CURRIE and LOUIS ELIZE SEIGNETTE, Mineng-lane, London, merchants, dealers and chapmen, April 17 and May 16 at 11, Court of Bankruptcy, London: Off. Ass. Penuell; Sols. Trehern & White, Barge-yard-chambers, Bucklersbury.-Fiat dated March 27. RICHARD GEORGE WARD and JOHN PERRY, Newgate-market, London, meat salesmen, and Gilbert-street, Oxford-street, Middlesex, butchers, dealers and chapmen, April 15 and May 24 at 12, Court of Bankruptcy, London: Off. Ass. Follett; Sol. Young, Warwick-sq., Newgate-st.-Fiat dated April 3. ALEXANDER HORATIO SIMPSON, Blackfriars-road, Surrey, engineer, dealer and chapman, (trading under the firms of Simpson, Irvin, & Co., and Alexander Simpson & Co.), April 15 and May 24 at 11, Court of Bankruptcy, London: Off. Ass. Follett; Sol. Michael, Red Lion-square. -Fiat dated March 29. WILLIAM GILES, Brighton, Sussex, boarding-house keeper, dealer and chapman, April 16 at half-past 2, and May 16 at 1, Court of Bankruptcy, London: Off. Ass. Johnson; Sol. Sanford, John-street, Adelphi, London.-Fiat dated March 29. CHARLES DAY, Buckingham-st., Fitzroy-sq., Middlesex, chemist and druggist, dealer and chapman, April 16 at halfpast 12, and May 16 at 12, Court of Bankruptcy, London: Off. Ass. Bell; Sols. Pain & Hatherly, 83, Basinghall-st.Fiat dated March 29.

JOHN LAMPARD, Stanhope-street, Clare-market, Middlesex, printer, publisher, dealer and chapman, (carrying on basiness in co-partnership with Richard Egan Lee, of the same place, as printers and publishers, under the firm of Lampard & Lee), April 16 at 11, and May 13 at 1, Court of Bankruptcy, London: Off. Ass. Edwards; Sols. Vandercom Ca., Bush-lane, Cannon-street.-Fiat dated March 27. JAMES KNIGHT COTTEREL, Glastonbury, SomersetBare, grocer, April 23 and May 16 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Kynaston; Sols. Nash & Rocke, Glastonbury, Somersetshire.-Fiat dated March 25. SAMUEL PARKER BIDDER, Fleetwood-on-Wyre, Lancashire, slate and coal dealer, civil engineer, dealer and chapman, April 14 and May 9 at 12, District Court of Bankruptcy, Liverpool: Off. Ass. Turner; Sols. Dodge, Liverpool; Bridger & Blake, London-wall, London.-Fiat dated March 25.

HENRY HARTSHORN, Shrewsbury, Shropshire, plumber, glazier, and licensed victualler, dealer and chapman, April 14 and May 15 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Whitmore; Sols. Powell, Birmingham; Parker, New Boswell-court, London.-Fiat dated March 25.

MEETINGS.

Thomas Hill, Uppingham, Rutland, woolstapler, April 25 12, District Court of Bankruptcy, Birmingham, fin. div.Thes. Johnson, sen., William Johnson, and Charles Mann, Romford, Essex, bankers, April 7 at 11, Court of Bankrupt7, London, last ex. of Thomas Johnson, sen., and William Jokason.-James Gibbs, Jermyn-street, St. James's, Westzamster, Middlesex, scrivener, April 30 at half-past 11, Court of Bankruptcy, London, last ex.-Henry Rowe, Charles-st., Hatton-garden, Holborn, Middlesex, merchant, April 18 at 1, Court of Bankruptcy, London, last ex.-James Schofield, Greenacres-moor, near Oldham, Lancashire, grocer, April 15 *12, District Court of Bankruptcy, Manchester, last ex.Thomas Langston, Manchester, share broker, April 16 at 12, District Court of Bankruptcy, Manchester, last ex.-James Gray, Manchester, upholsterer, April 16 at 12, District Court of Bankruptcy, Manchester, last ex.-James Taylor, Higher Walton, Cheshire, farmer, April 18 at 12, District Court of Bankruptcy, Manchester, last ex.-Ed. Brown, Birmingham, merchant, April 29 at half-past 10, District Court of Bankruptcy, Birmingham, last ex.-Richard Greenwood, Bradford,

Frederick Both Stacey and Wm. Stacey, Lawrance-lane,
Cheapside, London, warehousemen, April 25 at half-past 11,
Court of Bankruptcy, London, div.-John Thomas Nash and
John Tomlinson, jun., York, mustard manufacturers, April 25
at 11, District Court of Bankruptcy, Leeds, aud. ac.; April
28 at 11, div.-Henry Lewis, Haverfordwest, cabinet maker,
May 1 at 11, District Court of Bankruptcy, Bristol, fin. div.
-Thomas Berridge, Manchester, tobacconist, April 25 at 11,
District Court of Bankruptcy, Manchester, div.-Jos. Crisp,
Liverpool, and Liscard, Cheshire, auctioneer, April 25 at 11,
District Court of Bankruptcy, Liverpool, div.-Thos. Coleman,
John Morris, John B. Morris, and Thos. Morris, Leominster,
Herefordshire, bankers, May 1 at 11, District Court of Bank-
ruptcy, Birmingham, fin. div.
CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on the
Day of Meeting.

Thomas Browning, New Inn, Old Bailey, London, innkeeper, April 25 at 11, Court of Bankruptcy, London.-Jas. Forrester, New-cut, Lambeth, Surrey, grounds and barm merchants, April 29 at 1, Court of Bankruptcy, London. -John Peart Birley, Brompton-row, Brompton, Kensington, Middlesex, plumber, April 25 at half-past 11, Court of Bankruptcy, London.-Caleb Robinson, High Holborn, Middlesex, tailor, April 26 at 11, Court of Bankruptcy, London.Robert Marshall, Pleasant-row, and Upper-road, Deptford, Kent, stonemason, April 25 at 11, Court of Bankruptcy, London.-James Crabb, Great Tey, Essex, bricklayer, April 25 at 12, Court of Bankruptcy, London.-Thomas Rees, Liverpool, porter brewer, April 25 at 11, District Court of Bankruptcy, Liverpool.

To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before April 25. James Fred. Barwick, Old-street, St. Luke's, Middlesex, wheelwright.-Wm. Smith and Robt. Smith, Bow-lane, London, and Aberdeen, warehousemen.-Wm. Dettmer, Upper Mary-le-bone-street, Middlesex, piano-forte manufacturer.— John Henry Charnock, Wakefield, Yorkshire, share broker.Arthur Brideson, Clare-street, Clare-market, Middlesex, cheesemonger.-Joseph Harwar, Charlotte-street, Bloomsbury, Middlesex, piano-forte manufacturer.-H. R. Stutchbury, Theobald's-road, Bedford-row, Middlesex, dealer in

curiosities.

FIAT ANNUlled.

Wm. Fielding, Taunton, near Ashton-under-Lyne, Lan

cashire, hat plush and silk manufacturer.

PARTNERSHIP DISSOLVED. F. W. Tomlinson and Wm. Keary, Stoke-upon-Trent, Staffordshire, attornies and solicitors.

SCOTCH SEQUESTRATIONS. Duncan M'Corkindale & Co., Glasgow, merchants.-Douglas Swan, Edinburgh, boot maker.-David M'Niven, Greenvale, near Glasgow, chemist.

INSOLVENT DEBTORS.

The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, April 18, at 9. James Williamson, Staffordshire-place, New-cross, Kentroad, out of business.-Lazare François Vaudelin, Upper Charlotte-street, Fitzroy-square, Middlesex, cabinet maker.

METCALFE'S NEW PATTERN TOOTH-BRUSH, and

SMYRNA SPONGES.-The Tooth-brush has the important adcleaning them in the most effectual and extraordinary manner, and is vantages of searching thoroughly into the divisions of the Teeth, and famous for the hairs not coming loose, 1s. An improved Clothes' Brush, that cleans in a third part of the usual time, and incapable of injuring the finest nap. Penetrating Hair Brushes, with the durable unbleached Russian bristles, which do not soften like common hair. Flesh Brushes

of improved graduated and powerful friction. Velvet Brushes, which act in the most surprising and successful manner. The genuine SMYRNA SPONGE, with its preserved valuable properties of absorption, viall intermediate parties' profits and destructive bleaching, and securing tality, and durability, by means of direct importations, dispensing with the luxury of a genuine Smyrna Sponge. ONLY at METCALFE'S, 130 B, Oxford-street, one door from Holles-street.

Caution.-Beware of the words "from Metcalfe's," adopted by some

houses.

Yorkshire, bookseller, April 26 at 11, District Court of Bank: raptey, Leeds, aud. ac.; April 29 at 11, div.-Chas. Evans, Manchester, banker, April 28 at 12, District Court of Bank- But care must be taken to prevent any imitations being passed off as the ruptey, Manchester, aud. ac.; April 30 at 12, div.-James Patent Candles, this attempt being made, and with too frequent success, Bokn, King William-st., St. Martin-in-the-Fields, Middlesex, by some dealers, on account of the greater profit upon the imitations. bookseller, April 25 at 12, Court of Bankruptcy, London.-mont, Vauxhall; and Palmer & Co., Sutton-street, Clerkenwell.

CHEAP SELF-SNUFFING CANDLES. — PRICE’S

PATENT CANDLES, which burn, without snuffing, like the finest wax, are now retailed throughout the country, at or under 18. per lb.

The Trade may obtain them wholesale from Edward Price & Co., Bel

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TO LAW STUDENTS AND OTHERS.-CAUTION

GREAT SAVING IN LAW REPORTS."-A Catalogu headed thus, and offering Law Reports at "FULL 201. per Cent. lowe than any other House," having lately been circulated among the Mem bers of the Legal Profession, gentlemen are respectfully requested PREVIOUSLY TO PURCHASING, to ascertain the Prices usuall charged at other Houses, by which means ONLY they will be enable Fallacy of such a representation.

LAW.-A Gentleman practising in the West of England to avail themselves of the proffered Advantage, or be convinced of the

requires the ASSISTANCE of a CLERK competent to take the Management of the Conveyancing Department, to see Clients in the absence of the Principal, and disposed to make himself useful in the conduct of the General Business of a Country Office. Salary, 1007. Address letters, with references, to M. N., care of Messrs. Stevens & Norton, Law Publishers, 26, Bell-yard, Lincoln's Inn.

THE LAW LIST FOR 1845.

This day is published, price 6s. 6d. neatly bound,

THE LAW LIST, corrected to January 1st, 1845; being a List of the JUDGES AND OFFICERS of the different Courts of Justice: COUNSEL, with the Dales of their Calls and Inns of Court; SPECIAL PLEADERS, CONVEYANCERS, and a complete and accurate List of CERTIFICATED ATTORNIES, NOTARIES, &c., in England and Wales, with the London Agents to the Country Attornies, &c., as printed by Permission of the Commissioners of the Stamp Duties. To which are added, Table of Sheriffs, and Agents; Lists of Bankers; Law and Public Officers; Circuits of the Judges, Quarter Sessions, &c.; and a Variety of other Useful Matter. By TEESDALE COCKELL, of the Stamp

Office.

V. and R. Stevens & G. S. Norton, Law Booksellers to the Commissioners of Stamps and Taxes, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39, Bell-yard, Lincoln's Inn.

BURTON ON REAL PROPERTY.-SIXTH EDITION. Just published, in 8vo.. price 17. 48. boards, URTON on REAL PROPERTY, with Notes, shewing the recent Alterations by Enactment and Decision. The Sixth Edition, By EDWARD P. COOPER, Esq., of the Middle Temple,

BUR

Barrister at Law.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. and W. T. Clarke, of Portugal-street), 26 and 39. Bell-yard, Lincoln's-inn.

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SELWYN'S NISI PRIUS.-ELEVENTH EDITION. Dedicated by permission to his Royal Highness, Prince Albert. This day is published, in 2 vols. royal 8vo.. price 21. 10s. boards, N ABRIDGMENT of the LAW of NISI PRIUS, Eleventh Edition, enlarged and much improved, with the Statutes and Cases brought down to the present time. By WILLIAM SELWYN, Esq., of Lincoln's Inn, one of her Majesty's Counsel, late Recorder of Portsmouth.

V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 Bell-yard, Lincoln's Inn.

This day is published, price 2s., in a Wrapper,

HORE JURIDICE, or Thoughts on the Character, As

pect, Duties, and present Exigences of the Profession of the Law. By WILLIAM DAVID LEWIS, Esq., of Lincoln's Inn, Barrister at Law, Author of a Treatise on the Law of Perpetuity, &c.

William Benning & Co., Law Booksellers, 43, Fleet-street. SUPPLEMENT TO MONTAGU & AYRTON'S BANKRUPT LAW. SECOND EDITION.

This day is published, 8vo., price 5s. boards,

THE STATUTES 7 & 8 VICT. cc. 96, 70, and 111, and all the NEW RULES and ORDERS relating to BANKRUPTCY and INSOLVENCY, together with the recent Decisions, bringing the Law relating to Bankruptcy and Insolvency down to the present period, (being a continuation of MONTAGU & AYRTON'S BANKRUPT LAW), with FORMS and an INDEX. By JOHN HERBERT KOE, Esq., Q. C., and SAMUEL MILLER, Esq., Barrister at Law.

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Just published, in two thick volumes, royal 8vo., price 37. bds., COMPLETE SERIES of PRECEDENTS in CONVEYANCING, and of COMMON and COMMERCIAL FORMS, in Alphabetical Order, adapted to the present State of the Law and Practice of Conveyancing: with copious Prefaces, Observations, and Practical Notes on the several Deeds. To which are added, the LATEST REAL PROPERTY ACTS, with NOTES, and the Decisions thereon. The Third Edition, revised and greatly enlarged, by GEORGE CRABB, Esq., Barrister at law.

** This work, which embraces both the Principles and Practice of Conveyancing, contains likewise every description of Instrument wanted for Commercial Purposes.

"Crabb's Precedents are already well known to the Profession. Two editions have been exhausted in a very short period, a decisive proof of the estimation in which they are held, and how useful and satisfactory they have been found in practice."-Law Times.

Henry Butterworth, Law Bookseller and Publisher, 7, Fleet-street.

LAW-The Profession is respectfully informed, that the

First Number of the Fifth Volume of THE LAW TIMES will be published on Saturday, April 5, affording an excellent opportunity for new Subscribers. The Volume just completed contains all the written Judgments of the two last Terms, verbatim, as taken in Short-hand, with a Report of every Case in all the Courts, and all the Legal Intelligence of the time.-Law Times Office, 29, Essex-street.

N.B.-A Number, as a Specimen, will be sent to any person inclosing Four postage stamps to the Publisher.

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ONDON, EDINBURGH, and DUBLIN LIFE AS SURANCE COMPANY,

3, Charlotte-row, Mansion-house, and 18, Chancery-lane, London. Directors:

KENNETT KINGSFORD, Esq., Chairman.
BENJAMIN IFILL, Esq., Deputy Chairman.

Alexander Anderson, Esq.
John Atkins, Esq.
James Bidden, Esq.
Captain F. Brandreth.

H. H. Cannan, Esq.

Auditors:

James Hartley, Esq.

John M'Guffie, Esq.

John Maclean Lee, Esq.

J. Marmaduke Rosseter, Esq.

Robert E. Alison, Esq.

Medical Adviser-Marshall Hall, M.D., F.R.S., L. and E.
Secretary-John Emerson, Esq.

Solicitors-Messrs. Palmer, France, & Palmer.

To prevent all future questions as to the validity of policies, this Com pany are prohibited by their deed of constitution from disputing any claim, unless they take upon themselves to prove that the policy upon which the claim arises was obtained by fraudulent mispresentation.

The Company are further bound to give effect to every policy, although the debt for which it may have been originally procured, or at any time held, may have been paid off before the claim arises.

And that the value of policies may not be lessened or destroyed by parties going beyond the limits usually prescribed, the Company grant, upon payment of a small extra premium, general or whole world leave, which subsists during the currency of the policy.

By these means the policies of the London, Edinburgh, and Dublin Life Company have come to be considered as forming securities more complete and more easily negotiable than any other similar documents. Assurances are granted either with or without participation in profits, and the utmost facility is given in regard to the payment of the premiums, by the assured having the option of payment by a progressive ascending scale, or according to the half-premium system, continued for seven years.

Commission.-The Solicitor who transacts an Assurance with this Company is held to be the agent of the policy during its currency, and, as such, receives commission upon all future premiums, by whomsoever they may be paid.

Prospectuses and schedules are forwarded to applicants, free of expense, by the Manager and Agents.

ALEX. ROBERTSON, Manager.

THE CURIOUS ESSENCE, as prepared by Dalmahoy.

Chemist to the Queen, A. D. 1745.-This fashionable and elegant old PERFUME, made only by ORRIDGE, Brothers, 22, Ludgate-hill, London, is an article unique of its kind. Its excellence consists in its delicate, fragrant, and refreshing qualities, and entire freedom from that faint odour so objectionable in perfumes of the present day. Prices, 38. 6d. and 5s. 6d. per bottle. An order by post for a single bottle sent to any part of town. Post-office orders from the country promptly attended to. Address to Orridge, Brothers, 22, Ludgate-hill, London. SILVER SUPERSEDED, and those corrosive and injurious Metals called Nickel and German Silver, supplanted by the introduction of a new and perfectly matchless ALBATA PLATE.-C. WAT SON, 41 and 42, BARBICAN, and 16, NORTON FOLGATE, aided by a Person of Science in the Amalgamation of Metals, has succeeded in bringing to public notice the most beautiful article ever yet offered; possessing all the richness of Silver in appearance, with all its durability and hardness, with its perfect sweetness in use, (undergoing, as it does, a chemical process, by which all that is nauseous in mixed metals is entirely extracted), resisting all acids, may be cleaned as silver, and is manufactured into every Article for the Table and Sideboard. Plain Threaded King's Fiddle. Fiddle. Pattern. 358.

Table Spoons, per doz. Dessert ditto

ditto

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C. WATSON begs the Public will understand that this Metal is peculiarly his own, and that Silver is not more different from Gold, than his Metal is from all others. On its intrinsic merits alone he wishes it to be tested; and, from the daily increasing Eulogiums he receives, he is convinced that nothing can prevent its becoming an article of universal wear. C. WATSON's handsomely ILLUSTRATED CATALOGUE and PRICE CURRENT is just published; and Families who regard Economy and Elegance should possess themselves of this useful Book, which may be had Gratis, and Post Free from the above Address.

Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY LANE, or to V. and R. STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELL-YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country.

Printed by WALTER M'DOWALL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, April 5, 1845.

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No. 431-VOL. IX.

APRIL 12, 1845.

PRICE 18.

The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:

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BEFORE the recent Statute of Limitations, (3 & 4 Will. 4, c. 27), the rule in equity as to express trusts way that no time operated as a bar to the claim of the cestai que trust, as between him and his trustee; because the possession of the trustee, it was said, was not adverse to that of the cestui que trust. (Townsend v. Tausend, 1 Bro. C. C. 551). With respect to implied or constructive trusts, the rule was, that acquiescence would amount to a bar; and, therefore, as between the cestui que trust and a stranger purchasing of the trustee, with notice, the general rule as to bar, by length of time, applied by analogy to the rule of law, because such purchaser was only a trustee by implication. The recent statute has not altered the doctrine of equity on either of these points, but has only established it as a strict statutory rule, instead of leaving it to the discretion of equity. Where there is an express trust, it has fixed the specific time from which the statute shall begin to run against a stranger. With regard to implied trusts, it includes them under the general objects of the 24th section, by which it is enacted, that "no person claiming any land or rent in equity shall bring any suit to recover the same but within the period during which, by virtue of the provision hereinbefore contained, he might have made an entry or distress, or brought an action to recover the same respectively, if he had been entitled at law to such estate, interest, or right in or to the same as he shall claim therein in equity."

In determining, therefore, in any given case, whether a bill can be sustained by a person claiming land against his trustee, (being such only by implication), it will be necessary merely to consider, whether, if the interests were legal, he would be barred, or not, by the statute. Some apparent difficulty may occasionally occur in VOL, IX.

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cases where the application of the 24th section of the statute has to be considered in combination with those which refer to disability in the claimant; as, for instance, where, at the time when the possession of the cestui que trust first ceases, he is under disability, and the disability ceases in less than ten years from that period. In such a case, the 16th section of the act (that which provides for the case of claimants of lands under disability) has, in fact, no application, and the claimant is left to the care of the general provisions of the 2nd and 24th sections.

It must be recollected, that, though the 16th section has the effect of preventing the statute from commencing to run as a bar till the removal of the disability, it does not alter the time when the right of action first accrues; and, therefore, wherever the case does not fall within the 16th section, the twenty years under the 3rd (or, if it be an equitable claim, under the 24th) must, we conceive, be reckoned not from the termination of the disability, but from the time when, under the 3rd section, the right of entry or action first accrued. This will make the statute operate very differently under different circumstances: for instance, if an infant of the age of three years were to convey to his guardian, then, as his conveyance would be (according to circumstances) either void or voidable, and the purchaser would, therefore, be an implied trustee, his right of suit would commence from the time when his possession or receipt of the rents ceased; he would have, under the 16th section, ten years more for bringing his suit after attaining his majority. But, if he conveyed at the age of eighteen, then, we apprehend, the utmost time he could have for bringing his suit would be, under the 2nd section, twenty years from the time when his possession ceased. So that in the one case twenty-eight years, in the other only twenty, would be requisite to constitute a bar by length of time.

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We have, in the foregoing observations, assumed it to parent, the deceived creditor, the oppressed menial, be clear, that, in a case of implied trust, such as that 'the plundered veteran, the overawed citizen, the per'secuted religionist, the outraged altar, these (but in arising under a conveyance by an infant to his guarpart only) form the arena for developing the more exdian, the statute would begin to run from the time of quisite energies of the jurist. His, again, is the judithe conveyance, supposing the purchaser thereupon to cious forecasting of events in the matrimonial, testatake possession and receive the rents for his own use;mentary, and family arrangements of property, toand we take this to be clear from the language of thegether with its satisfactory adjustment under burthens, statute; for, if the interests were legal, undoubtedly ' and its extrication from complex difficulty. "No less conspicuous are the extent and variety of pothe time of the purchaser taking possession would be 'sition occupied by this body. The encroachment of the time when, under the 3rd section, the right of action the apple-tree and the succession to the Crown, the would first accrue to the infant. And, as the 25th inheritance of the potato-garden and the devolution of section applies only to express trusts, and the 24th, 'the dukedom, the immoderate distress and the robbery in reference to the time of limitation, assimilates equi- 'which strikes a panic, the village feud and the intertable claims to legal ones, it follows, that, as to innational conflict; these, with countless similar cases, terests in the nature of constructive trusts, the staengage their energies and educe their skill. The se'cluded hamlet and the over-peopled city each call in tute must begin to run when the possession or receipt aid the services of the jurist. The affairs of the paof rents ceases to be, de facto, beneficially enjoyed by rish vestry, too, and the politics and diplomacy of the cestui que trust. To say that the possession of the cabinets, alike attest the sanctions of law, in repreimplied trustee is the possession of the cestui que trust, 'sentatives of various grades. The assembly of herediwould be, in direct contravention of the statute, to abotary legislators, again, acknowledges the presidency of 'law's chief dignitary, while the yeoman's will is lish the distinction between express and implied trusts, moulded into form by its subordinate officer. The and to prolong the time of limitation, in regard to equi- monarch's conscience is deposited with the one, and table interests included in the 24th section, beyond what the squire's title-deeds repose in the chamber of the it would be, if the interests were legal. 'other. The domestic and private concerns, too, of the 'gentry and commonalty are ever regardful of the ju'rist's admonitions. Does the heir attain his majority, or the daughter enter into marriage, these events ' induce arrangements conceived after his suggestions. tory ratepayer and defaulting tithe-renderer are taught The parish priest, also, seeks his aid, and the refrac'the practical character of law. The convivialities of 'society likewise command the participation of the lawyer, and this as well in the stately saloons of roy It is with great pleasure that we see a learned mem- 'alty, as within the humbler tent of festive villagers. ber of the Profession step forth, and publicly discourse "But there is not more variety in the career of duty upon the subjects of this pamphlet; the more parti- and occupation allotted to the members of this body, cularly that some of them relate to matters in which, than in the circumstances of their own extraction, or for a long period, abuses have been gradually increasing, the origin of their professional character, and the that have escaped correction, only because those prin-sphere of life with which they were at first privately cipally affected by them have been restrained from

Review.

Hora Juridice; or Thoughts on the Character, Aspect,
Duties, and present Exigences of the Profession of the
Law. By W. D. LEWIS, Esq., Barrister.

[Benning & Co. 1845.]

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and more immediately conversant. The successful

taking any practical notice of them by a certain over-trader, on the one hand, looks to the alliance of his

fastidious delicacy, or by that carelessness for which, in regard to matters personal to themselves, the members of the legal profession are so notorious.

Mr. Lewis commences his observations by noticing the functions of the legal profession; and, though in this part he may perhaps be accused of a little tendency to rhetorical flourish, yet, in the main, the ideas, which, like occasional gleams of sunshine, break through the clouds of his somewhat nebulous style, are true and

well founded.

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offspring with this profession for an accession of honour and respectability to his family, while, on the other, the peer's younger son thinks not of degradation in following the same pursuit. Slight and incidental circumstances, again, or fortunate and unforeseen events, frequently open the way for admission to even the needy and the unbefriended, who, in some humbler walk, probably, may have displayed their fitness for more elevated pursuits, by their industry and serverance, and by the rectitude and integrity of their Once inrolled in the higher department, there is but one degree of eminence attainable by the subject which is not within the grasp even of these, and none that is open to the profession they have em'braced. A noble aspect, indeed, is this in which to regard the component parts of this extended society; one, moreover, not alone theoretically correct, but actually exhibited in memorable instances of judicial greatness, and constantly supported by daily observation of striking, though less notable, cases of profes'sional success and reputation."

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"Such," he says, "are the functions of this profes-conduct. sion, that they concern the protection of every right conferring dignity and happiness on temporal existence; rights domestic, social, political, religious; and its correlative, the redress of wrongs to property, fame, limb, liberty, and life. Justice is the queen of virtues, and the jurist is a ministering attendant in her court. His is a service ennobled by the dignity of its employer, and ennobling in its turn the minister and his associates. It is no apprenticeship to dishonest 'art, overreaching avarice, or cruel hate; neither is it allied to any scheme which, by the arts of a meretricious oratory, or the over-wise distortion of technicalities, seeks to inveigle justice herself into ruinous compact or dallying with vice. Suum cuique, in the 'most enlarged sense, (not as being linked with the 'idea of acres or current coin), are the watch-words of the lawyer. His also pre-eminently are the charities of life. The forsaken widow, the helpless child, the defamed daughter, the slandered wife, the unsuccoured

From speaking of the functions of the Profession, Mr. Lewis passes on to consider the qualifications necessary for entering it; and here we find a passage which we shall quote, not for the benefit or instruction of existing members of the Bar, most, if not all, of whom, we are persuaded, will coincide fully with the author's sentiments; but for the guidance and information of those who may be contemplating an adoption of the Bar as a profession, without having first perceived that it is a

career in which, though the acquisition of wealth may be the result of success, it must not form the only stimulus to its pursuit.

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no reproof from the judge can entirely efface their influence. The violent and unmanly brow-beating of 'timid witnesses, again, though probably a more aggra"It seems plain," says Mr. Lewis, "that no alliancevated evil of times past, is not yet entirely discarded should be formed with this profession, except from a 'from the regions of Nisi Prius or the Crown-court. The hearty sympathy with its genius and objects, as at exorbitant charge, likewise, which renders still more once both the grand machine and ally of jurisprudence. unenviable the needy position of the mortgagor, and 'Doubtless, every walk of life is pursued, more or less diminishes the receipts of the newly-made legatee, is "remotely, with a view to the personal advantage of the an incident which damages but too frequently the fair 'individual, and rightly so. But, is this incompatible fame of the Profession. Not that there is any ground 'with the notion, that the choice of the particular pur- for the senseless clamour which identifies extortion 'suit may originate in a persuasion of its excellence, with law, for we are convinced that this question is and all subsequent engagement in its concerns be ani- thoroughly misunderstood, if not artfully disguised; mated by a scientific regard to its objects? The fee-but instances do undoubtedly occur, in which the re'book or bill of costs may, indeed, suffice as a solatium 'velations of courts of justice, and the experience of under labour and vexation, but it will stimulate to honourable practitioners, attest that such an accusa'nothing that is ennobling in the occupation, nor sus-tion is verified in particular cases. Again, the systetain aught besides the merest mechanical routinematic delay on the part of some, in discharging the which is not indispensable to its own aggrandisement.accounts of their brethren in another department, is When, however, an intelligent appreciation of the an evil growing to such a height, that quiddam hono'cause and the object is present and influential, the ex- 'rarium becomes an unintelligible term, and the pecu'ertions employed in working out the means are in-niary relations of counsel and solicitor are made to 'vested with an interest, and surrounded with a halo, in substance scarcely less remunerative and agreeable 'than the more attractive pecuniary emolument. Nor ean there be any honourable soul-engaging ambition, where this only efficient impetus is wanting. Were any of those who have secured a niche in the temple 'of fame destitute of it?"

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resemble the periodical bills of their tradesmen. And yet, in the introduction of any such profit and loss connexion is involved the overthrow of that delicate reserve in professional transactions, which is indispensable for the preservation no less of the attorney's freedom than of the barrister's independence. It is 'likewise to be feared that the narratives of our parliaMr. Lewis, though obviously deeply imbued with mentary proceedings from time to time exhibit a lack the esprit de corps, and led by it to take an exalted of sympathy, on the part of members of the Bar view of the merits of the Profession in general, and of who have seats in the legislature for the interest and the branch of it to which he belongs in particular, is yet honour of the Profession as a body. As was recently not so led away by his predilections, as to overlook the intimated elsewhere, there are a certain class of memgrave charges that may be brought against the rules orbers of the House of Commons who are apt to identify practices of both branches; and accordingly he ventures boldly to strip the veil from some of those professional deformities, on which most men in the Profession have long thought and discoursed inter se, though, as we have before observed, an almost morbid delicacy in regard to some of them, and a want of all Concert between the members of the same body in regard to others, have prevented their being practically noticed and corrected. Having eulogised the general devotion of the Profession to the interests of their clients, the moderation with which the Bar generally uses its almost despotic privilege of speech, and other good and noble qualities of the legal profession, Mr. Lewis proceeds thus:

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detraction from professional resources, and restriction of professional liberty, with a corresponding promotion of the public interest. Now, whether this feeling display itself in the form of a disproportionate imposition of the burden of taxation, or in an impolitic and unphilosophical paring down of remuneration, or in an ' undue intrusion upon necessary privileges, it is no unreasonable demand to make of those whom professional success has introduced to legislative dignity, that they should not stand by as spectators indifferent to the spread of such false and worthless economy, and that they should not limit the range of their ex'ertions to questions affecting merely their own imme'diate position and interest, and which, as ministering to the welfare of either person or estate, can lay less claim to disinterestedness. Still more to be regretted is it, if parliamentary records (as has been sometimes the case) discover instances of the lawyer indulging a

“But a sober judgment will forbid our overlooking particular irregularities and deficiencies, which, though not frequently, yet too often, remind us that constant vigilance is indispensable. In remarking on these, it is unnecessary, after the previous observations, to dis-spirit of political partisanship by joining in hasty claim the pedantry which views etiquette as invaria

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charges against, or in the intemperate abuse of, the bly in conflict with duty, or which regards the devo-fathers of his body, upon the simple ground of differtion to external good of such superiority as to exclude ences of opinion upon the legal merits of cases which all consideration of internal discipline and rule. happen to excite the passions of the multitude. Such "With this spirit it is that we venture to impeachmen would import their own turbulent emotions into the laxity that permits a member of the Bar to under-the sober deliberations of superiors happily elevated take the conduct of causes to which he is morally above the influence of their unquiet and contentious certain of not being able to give attention, and the atmosphere. But though this tendency is not so enrigid strictness which precludes the return of fees paid tirely unknown, as that we are exempt from the nein anticipation of exertions never rendered. That cessity of remarking upon it, yet, happily, it is suffipractice, also, is greatly questionable, which justifies ciently singular to require its general avoidance to be 'ness by superior members of the Bar, perfectly ficti- tion."` the payment of excessive fees for transactions of busi-made (though thus informally) a topic of commenda

tious. That is bad, too, which allows of wholesale retainers of counsel never intended to be employed, but whose talent it is merely desired to deny to the opponents. Again, it is a sad spectacle, sometimes witnessed by our courts, when impressions are ingeniously made upon the minds of jurymen relative to circumstances not regularly in evidence, and not intended to be so, but which impressions being effected,

The cure of the two bad practices to which Mr. Lewis alludes, which have reference to the conduct of the senior and junior branches of the Profession towards each other, is extremely easy, if the bodies relatively affected by them would only bring a little common sense and decision to bear on the difficulty. If, for instance, attornies would divest themselves of a little of that personal enthusiasm, under the influence of which

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