Saturday, Oct. 25. Sam. Salomon, Store-street, Bedford-square, Middlesex, Wm. Reay, Walker, Northumberland, ship builder, Nov. 18 To be allowed, unless Cause be shewn to the contrary on the| John Guy, Bury-st., Westminster, Middlesex, publisher, Nov. 19 at Court of Bankruptcy, London. - Isaac De Joseph Ventura, White Hart-court, Bishopsgate-street, London, merchant, Nov. 19 at 1, Court of Bankruptcy, London. The following Prisoners are ordered to be brought before -Wm. Soffe, Strand, Middlesex, print seller, Nov. 19 at the Court, in Portugal-st., on Wednesday, Nov. 12 at 9. half-past 1, Court of Bankruptcy, London.-Hezekiah Denby John Guy, Cambridge-place, Praed-street, Edgeware-road, Coggan, Friday-st., London, warehouseman, Nov. 18 at 12, Middlesex, out of business.-Geo. Schramm, London-street, Court of Bankruptcy, London.-Richard Garrett, Henfield, Upper North-st., Whitechapel, Middlesex, out of business.Sussex, linen draper, Nov. 18 at 1, Court of Bankruptcy, John Marony, Esther-terrace, New-road, Bermondsey, and London.-Edward Mallan, Brook-st., Bond-st., and Oxford- Duke-st., Southwark, Surrey, paper hanger.-George Webb, st., Middlesex, dentist, Nov. 19 at half-past 1, Court of Bank- Pakenham-street, Calthorpe-st., Gray's-inn-road, Middlesex, ruptcy, London.-Geo. Tuppenny Peers, Ironmonger-lane, fruiterer.-Jos. Stevens, Tyssen-place, Kingsland-road, ShoreCheapside, London, plumber, Nov. 19 at 2, Court of Bank-ditch, Middlesex, share jobber.-Wm. Clipson, King-street ruptcy, London.-John Holman Suckling, Birmingham, ironmonger, Nov. 21 at half-past 11, District Court of Bankruptcy, Birmingham. To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before Nov. 18. John Riky, Liverpool, merchant. John Braithwaite, Morpeth, Northumberland, innkeeper. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. and Gardiner's-lane, Westminster, Middlesex, builder.—Wm. Jauncey, St. David's-road, Commercial-road, Peckham Newtown, Peckham, Surrey, licensed retailer of beer.-Francis Sandon, Lawn-place, Shepherd's-bush, Hammersmith, Middlesex, cabinet maker.-Wm. Mac Dona, Gloucester-street, Queen cq., Middlesex, tailor.-Henry Chapman, St. John'sterrace, Portland-town, Middlesex, gentleman.-Thos. Pratt, Hersham, near Esher, Surrey, grocer.-John Ibbotson, Dancan-street, Islington, Middlesex, saddler. Court-house, MAIDSTONE, Kent, Nov. 11 at 10. John Luke Boorman, Gravesend, Kent, silversmith.— Rich. Baldock the elder, Brenchley, Kent, labourer.-Thos. Brand Whitby, Town Malling, Kent, out of business.-Wm. Ayta, Chingford, Essex, tinman.-Hen. Hone, Wainscot, Frid Court-house, MONMOUTH, (County), Nov. 12 at 10. Thos. Hands, Pontypool, painter.-Sam. Wilson, Pillgwenelly, near Newport, publican. Charles Brimfield, Upper Eaton-st., Pimlico, Middlesex, Saturday, Oct. 25. Court-house, LIVERPOOL, Lancashire, Nov. 13 at 10. Wm. Glen Mathie, Liverpool, shipping agent.—Matthew M'Donnell, Liverpool, dealer in coals. Wm. Dott, Liver. pool, dealer in potatoes.-Henry Blundell, Liverpool, retail dealer in beer. FRIDAY, OCTOBER 31. WILLIAM COOPER, Lower Shadwell, Middlesex, ale and porter brewer, Nov. 10 at half-past 11, and Dec. 12 at 1, Court of Bankruptcy, London: Off. Ass. Alsager; Sols. Lawrance & Plews, Bucklersbury.-Fiat dated Oct. 25. HENRY FITZGERALD, Bond-st., Commercial-road, Lambeth, Surrey, coal merchant, dealer and chapman, Nov. 7 at half-past 11, and Dec. 9 at 12, Court of Bankruptcy, London: Off. Ass. Turquand; Sol. Hindmarsh, Crescent, Jewin-street.-Fiat dated Oct. 27. JOHN THOMAS, Bristol, marble mason, Nov. 14 and Dec. 19 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sols. Daniel & Barker, Bristol.-Fiat dated Oct. 25. WILL. JOSIAH WALKER, Oxford-street, Middlesex, THOMAS OXTON, Liverpool, cart owner, dealer and chap- MEETINGS. derland, Durham, mercer.-Henry Samuel, Leadenhall-st., London, cigar manufacturer.-Michael Wrake the younger, Canterbury, bricklayer.-J. Stonehouse, Scarborough, Yorkshire, mercer.-John T. Taylor and Thomas P. Watkinson, York-terrace, Regent's-park, Middlesex, and Watling-street, London, plumbers.-John Church Dempsey, Bristol, stationer.-Albert Green, Brighton, Sussex, apothecary.-Wm. Reed Watts, Bath, chemist.-James Mitchell, Montagu-st., Montagu-square, Middlesex, livery-stable keeper. SCOTCH SEQUESTRATIONS. Thomas Fraser, Inverness, coach maker.-Robert Taylor, Glasgow, and Milncroft, near Shettleston, Lanarkshire, manufacturing chemist. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. Henry Gillies, Lambeth-walk, Lambeth, Surrey, grocer, Nov. 12 at 11, Court of Bankruptcy, London.-Wm. Wright, Prospect-place, Old Kent-road, Surrey, carpenter, Nov. 18 at 11, Court of Bankruptcy, London.-John Lawrence, Newport, Monmouthshire, grocer, Nov. 24 at 11, District Court of Bankruptcy, Bristol.-Fras. Thomas Gegg, Bristol, schoolmaster, Nov. 25 at 11, District Court of Bankruptcy, Bristol. -Thomas Boutland, Gateshead, Durham, joiner, Nov. 7 at 11, District Court of Bankruptcy, Newcastle-upon-Tyne.John Collins, Westbromwich, Staffordshire, licensed victualler, Nov. 6 at half-past 10, District Court of Bankruptcy, Birmingham.-Wm. Thompson, Liverpool, cutler, Nov. 11 at 11, District Court of Bankruptcy, Liverpool.-Ann Weeks, Kingsdown, Bristol, widow, dealer in hay, Nov. 19 at 11, District Court of Bankruptcy, Bristol.-Horatio N. Waylen, Twerton, Somersetshire, grocer's assistant, Nov. 18 at 11, District Court of Bankruptcy, Bristol.-George Jackson, Salford, Manchester, fish salesman, Nov. 18 at 12, District Court of Bankruptcy, Manchester.-Edward White Baxter, Birmingham, tinman, Nov. 3 at 11, District Court of Bankruptcy, Birmingham. Wednesday, Oct. 29. Orders have been made, vesting in the Provisional Assignee -- Edw. Thomas, Bristol, wine merchant, Dec. 4 at 11, District Court of Bankruptcy, Bristol, pr. d.—John Huchings, Bath, Somersetshire, and Regent-st., Middlesex, boot maker, Nov. 24 at 11, District Court of Bankruptcy, Bristol, last ex. and aud. ac.; Nov. 25 at 11, div.-Job Crabb, Hook-mills, Chardstock, Dorsetshire, hemp manufacturer, Nov. 18 at 2, District Court of Bankruptcy, Exeter, last ex.-Jas. Knight Cotterel, Glastonbury, Somersetshire, grocer, Nov. 26 at 11, District Court of Bankruptcy, Bristol, aud. ac.; Nov. 27 at John Regan, Westminster Bridge-road, Lambeth, Surrey, 11, div.-Harry Warr, Bridport, Dorsetshire, currier, Nov. tobacconist: in the Gaol of Horsemonger-lane.-Geo. Bent27 at 1, District Court of Bankruptcy, Exeter, aud. ac.; Nov. ley, Patching, near Arundel, Sussex, labourer: in the Gaol of 28 at 1, div.-Fran. Ridd, Nether Stowey, near Bridgewater, Petworth.-Matthew Noble, Branham, near Wetherby, YorkSomersetshire, surgeon, Nov. 25 at 11, District Court of shire, labourer: in the Gaol of York.-Thomas Cottrill, Bankruptcy, Exeter, aud. ac.; Nov. 27 at 1, div.-Joseph Chesterfield, Derbyshire, boot maker in the Gaol of Derby. Marshall and Thos. Collier, Manchester, merchrnts, Nov. 24-Harry Wake, Ansford, near Castle Cary, Somersetshire, at 12, District Court of Bankruptcy, Manchester, aud. ac.; out of business: in the Gaol of Wilton.-James Harrington, Nov. 25 at 12, fin. div.-Thomas Johnson the elder, William Bridgewater, Somersetshire, basket maker: in the Gaol of Johnson, and Chas. Mann, Romford, Essex, bankers, Nov. 21 Wilton.-Robert Withers, Wellington, Somersetshire, out of at 12, Court of Bankruptcy, London, div.-James Bourne, business: in the Gaol of Wilton.-John Ault, Uttoxeter, Bemmersley, Staffordshire, printer, Nov. 26 at 11, District Staffordshire, sawyer: in the Gaol of Stafford.-John Palmer, Court of Bankruptcy, Birmingham, aud. ac. and div.-Hen. Hillfield, Coventry, Warwickshire, out of business in the Roberts Osborne, Truro, Cornwall, grocer, Nov. 21 at 1, Dis- Gaol of Coventry.-Geo. Peake, Hethe, Oxfordshire, cartrict Court of Bankruptcy, Exeter, div.-John Clarke, Rich.penter: in the Gaol of Oxford.-Thomas Perry, Rowley Mitchell, Jos. Phillips, and Thos. Smith, Leicester, bankers, Regis, Staffordshire, coal dealer: in the Gaol of Stafford. Dec. 16 at 12, District Court of Bankruptcy, Birmingham, div. The following Prisoners are ordered to be brought up before CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on the a Commissioner on Circuit : Court-house, LINCOLN, (County), Nov. 14 at 10. John Webster, Spilsby, gun maker.-Hen. Robinson, Dogdyke, Connigsby, victualler.-Jas. Soulby Kirkby, Marston, near Grantham, in no employment.-Rich. Addison, North Kyme, in no business.-Geo. Whitby, Long Bennington, out of employ.—Jarvis Addison, Bellinghay-fen, near Sleaford, out of business. Court-house, NOTTINGHAM, (Town), Nov. 17 at 10. Wm. Thurman the elder, Nottingham, attorney's clerk.Wm. Pearce, Mount East, cotton doubler. Court-house, GLOUCESTER, (City), Nov. 14 at 10. Jas. Jenkins, Gloucester, horse dealer. John Guy, Bury-st., Westminster, Middlesex, publisher, Nov. 19 at 2, Court of Bankruptcy, London.-Elijah Cook, Little Newport-st., Soho, Middlesex, grocer, Nov. 22 at 1, Court of Bankruptcy, London.-Roderick Mackenzie, Hunter-street, Brunswick-sq., Middlesex, and Bond-court, Walbrook, London, commission agent, Nov. 21 at 11, Court of Bankruptcy, London.-Rich. Harris, Newgate-st., London, tailor, Nov. 21 at 1, Court of Bankruptcy, London.-Charles Bailey, Garlick-hill, London, wholesale druggist, Nov. 21 at half-past 11, Court of Bankruptcy, London.-James Lewis Machu, Macclesfield, Cheshire, silk trimming manufacturer, Nov. 21 at 12, Court of Bankruptcy, London.-John Giles, Headless-cross, near Redditch, Worcestershire, publican, Nov. 22 at 11, District Court of Bankruptcy, Birmingham. To be allowed by the Court of Review in Bankruptcy, unless John Roberts, Bootle, near Liverpool, grocer, Nov. 17 at Cause be shewn to the contrary on or before Nov. 21. 11, Court-house, Lincoln's-inn-fields, London, pr. d.-Sam. Thomas Barlow, Sheffield, Yorkshire, grocer.-Jos. Gibbs, Everall, Strangeways, Manchester, cotton manufacturer, Nov. Ramsey, Huntingdonshire, grocer.-Wm. Henderson, Sun-25 at 11, Foulkes', Manchester, ch. ass. Court-house, GLOUCESTER, (County), Nov. 14 at 10. Just published, in 2 vols. royal 12mo., price 17. 188. boards, the Fifth Edition of DANIELL'S CHANCERY PRACTICE.-NEW EDITION, GRANT'S CHANCERY PRACTICE, composed anew, THE SECOND EDITION, carefully revised, enlarged and according to all the existing Operative Orders of Court, including the last of 8th May, 1845. A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn; H. Sweet, 1 and 3, Chancery-lane; and V. and R. Stevens & G. S. Norton, 26 and 39, Bellyard, Lincoln's Inn. This day is published, price 12s., PYRIGHTS for DESIGNS, with Pleadings, Forms, and Cases, collected to the present time. Together with Practical Observations upon the Law, and its Adaptation: the Mode of Obtaining a Patent for Inventions, and Copyrights for Designs, under the Designs Acts. By SIDNEY BILLING, Barrister at Law, and ALEXANDER PRINCE, of the Office for Patents of Inventions and Registrations of Designs, 14, Lincoln's Inn-fields. William Benning & Co., Law Booksellers, 43, Fleet-street. THE LAW MAGAZINE, and QUARTERLY REVIEW of JURISPRUDENCE. No. LXIX, Old Series, and No. V, New Series. CONTENTS: 1. The Newspapers against the Bar. 2. The Law of Deodands. 3. The Eighth Report of the Commissioners on Criminal Law. 4. Vexed Questions-Liability of Employers for Damage by their Agents. 5. Railway Rating. 6. The Real Property Amendment Act. 7. The Laws relating to Aliens. 8. Chancery Practice-the New Orders. 9. Law Studies. 10. The Small Debts Act. Short Notices of New Books-Events of the Quarter-List of New with New Chapters, and adapted to the effective Orders, including those of 8th May, 1845. By T. E. HEADLAM, Esq., of the Inner Temple, Barrister at Law. 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. Of whom may be had, just published, In 12mo., price 53. boards, ORDERS IN CHANCERY.-BY AUTHORITY. Second Edition, in demy 8vo., price 17. 88. in boards, A POPULAR and PRACTICAL INTRODUCTION to LAW STUDIES. By SAMUEL WARREN, Esq., F.R.S., of the Inner Temple, Barrister at Law. "This Volume now seems altogether as complete an Introduction to The article, "The Newspapers against the Bar," is separately Law Studies as can well he imagined."-Spectator. published, price ls., to be had of all Booksellers. William Benning & Co., Law Booksellers, 43, Fleet-street. BILLING ON AWARDS. This day is published, in 8vo., price 148. boards, A PRACTICAL TREATISE on the LAW of AWARDS and ARBITRATIONS, with Forms of Pleadings, Submissions, and Awards. By SIDNEY BILLING, Esq., Barrister at Law. William Benning & Co., Law Booksellers, 43, Fleet-street. THE Just published, price 5s., No. V. of "He has given the most complete Beginning Book' which was ever put into the hands of a young person seeking or entering a Profession.” -Blackwood's Mag., Sept. 1845. "There can be no question that Mr. Warren's book is beyond all mea sure the best work now extant for the Law Student."-Legal Ob server, No. 912. "It is hardly necessary to say, that no one about to adopt the Bar asa Profession ought to be without The Introduction to Law Studies."— Morning Herald. "The book, on the whole, is one which we think no young man ein rise from the perusal of without feeling his energies braced, his princi LAW REVIEW and QUARTERLY JOURNAL ples confirmed, and his whole mind elevated. This is good service: of BRITISH and FOREIGN JURISPRUDENCE. STONE. The Work may then be had complete, in 4 Volumes, price THE LAW of REAL PROPERTY in its PRESENT By GEORGE CRABB, Esq., Barrister at Law. A. Maxwell & Son, 32, Bell-yard, Lincoln's-inn. Just published, price 10s. each. New Editions of is well done, and for it we undertake to say that Mr. Warren deserves In 2 vols. 8vo., price 27. 10s. boards. ORDERS of the HIGH COURT of CHANCERY, from the Earliest Period to the Present Time. (12 Rich. 2 to 8 Vict.) By GEORGE WILLIAM SANDERS, Esq., Barrister at Law, and Chief Secretary at the Rolls. AISO, In 2 vols. royal 8vo., price 17. 12s. boards. AN ESSAY on USES and TRUSTS, and on the Nature and Operation of Conveyances at Common Law, and of those which derive their effect from the Statute of Uses. By the late FRANCIS WILLIAM SANDERS, Esq. The Fifth Edition, with additional Notes and Refer ences, by GEORGE WILLIAM SANDERS, Esq., of Lincoln's Inn, and JOHN WARNER, Esq., of the Inner Temple, Barristers at Law. "This edition is very ably edited by the son of the very learned aufr and Mr. Warner, both experienced conveyancers."—Warren's Law Stdies, p. 573. A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn. LAW BOOKS. 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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 afore said; 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, November I, 1845. No. 461-VOL. IX. NOVEMBER 8, 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: year; and after the year is begun, the defendant cannot determine the lease before the year is ended." Here, we have the law correctly stated; but the distinction seems to escape the reporter, for, in the next page, we find the marginal note to Legg v. Strudwick stating, that "a parol demise to hold from year to year AN impression has long prevailed in Westminster Hall, that a tenancy from year to year, so long as both parties please, was a tenancy for two years at the least, and not determinable at the end of the first year. Our readers, if they refer to the text-books in which the sub-and sic ultra quamdiu &c., is a lease for two years, and ject is alluded to, will find it generally so laid down. This impression appears to have arisen from a succession of decisious, which, when carefully examined, will be found not to afford a foundation for it. The earliest of these is Agard v. King, (Cro. Eliz. 775), where a lease de anno in annum quamdiu ambabus partibus placuerit was agreed to be a lease certain for two years. But there the lessee entered and occupied for two years, and also for part of the third year, and then died; and for rent arrear for part of the third year debt was brought against his executors; and it was contended, that, after the two years, it was a lease at will, and determined by his death, and, therefore, no action lay for the rent of the third year. The decision of the court, that though at first this was a lease certain but for two years, yet, when the tenant occupied part of the third year, it then became a lease certain for that year also, rather tends to shew, that, until the tenant Occupied part of the second year, it was a lease certain but for one year, and is certainly no authority for the commonly-received opinion we have alluded to. In Stomfil v. Hicks, (2 Salk. 413), it is said, "A lease to B. for a year, and from year to year, as long as it shall please both parties: adjudged that this is a lease for two years, and afterwards at will; and so it was held inter Bellasis and Burbrich, Hil. 8 Will. 3, C. P.," (reported in Lutw. 213). But immediately afterwards it is said, "If A. demise lands to B. for a year, and so year to year, this is not a lease for two years, and afterwards at will, but it is a lease for every particular VOL. IX. Q Q from after every subsequent year begun not determinable till that be ended;" and, when the report of the case is examined, it proves to be similar in its facts to Agard v. King, and, therefore, not an authority for the above proposition. Birch v. Wright is also cited as an authority for the position we alluded to at the beginning of this article; but the following passage from the judgment of Buller, J., in that case, will shew what is the true effect of the cases in Salkeld, and what is really laid down in that case:-"For if a tenant from year to year hold for four or five years, either he or his landlord, at the expiration of that time, may declare on the demise as having been made for such a number of years. So, it is expressly laid down by the court in Legg v. Strudwick." In Denn d. Jacklin v. Cartwright, (4 East, 29), the words were not for one year only, but from year to year; and, without alluding to the particular words there used, it was held generally, that a demise for a year, and so on from year to year, was a tenancy for two years. Lord Ellenborough, upon the case in Salkeld, where it is said, that a demise for a year, and so from year to year, does not operate as a lease for two years, unless the second year has commenced, being cited, observes, "There is another case in the same page. of the book, of Bellasis v. Burbrich, and another in the subsequent page, of Legg v. Strudwick, which overrule that opinion; and these latter agree with common experience, that a demise for a year, and so on from year to year, must enure as a tenancy for at least two years and so it is declared to be by Mr. Justice Buller, in upon the second year, he is bound for that year, and so Birch v. Wright, where he considers the cases in Sal-on. And if the lease be for a year, and so from year to keld." Thus omitting to note the distinction between the case where the occupation has continued beyond the first year, and that where the tenant offers to quit at the end of it. In Doe d. Chadborn v. Green, (9 Adol. & Ell. 658), lands were agreed to be let "for one year from the date hereof, and so on from year to year until the tenancy hereby created shall be determined as after mentioned ;" and it was farther agreed, that it should be lawful for either of the parties to determine the tenancy upon giving three months' notice to the other of his intention. The Court of Queen's Bench held that the tenancy could not be determined at the end of the first year. 66 This is consistent," says the judgment," with the doctrine laid down in Birch v. Wright and with sound reason, for the language of the contract clearly contemplates a term longer than one year." More recently, in Reg. v. Chawton, (1 Q. B. Rep. 247), the same court decided in accordance with the last case; and, until the decision we are now about to notice, there was certainly a very general impression, derived from the construction which we have seen had been erroneously put upon the older cases, and upon the judgment of Buller, J., in Birch v. Wright, that a tenancy for one year, and so from year to year, must last for two years. This impression has now been removed. year till six years expire, that is a certain lease for six years. Also, if it be made for a year, and so from year to year, as long as both parties agree, till six years shall expire, that is a lease for six years, determinable at every year's end at the will of either party.” ON MARRIAGE ARTICLES OF INFANTS positions affecting the doctrine of the marriage artic We propose to recapitulate shortly the principal proof infants, a doctrine which is now more completely settled than generally known. tion is, that, where articles for a settlement are made of The first proposition that may be stated as beyond ques real estate, on the marriage of persons both infants, they are not binding either upon the representatives of the parties or upon the parties themselves; but, on attaining ma jority, the husband and wife can convey the property setled, as they might have done respectively if there had vol.9, p. 35). The reason of this is, that, as even an equit been no settlement. (See Jarman's Precedents, 1st ed., able interest in real estate cannot pass without contract or equitable conveyance, and as infants, whether male or female, are incapable of binding themselves by a com tract affecting lands, neither of the parties can part with his or her estate. Mr. Jarman observes, indeed, (with reference to the power of the husband and wife, on becoming adult, to dispose of the property purporting be settled by articles during their minority), that, "if In the judgment pronounced by the Court of Queen's the estate were the husband's, it would behove a par Bench in Doe d. Clarke v. Smarridge, (ante, p. 781), chaser to satisfy himself that he had not, by the a they say, "We are of opinion that a tenancy from year bound himself to the performance of them." But this ceptance of property under the articles or otherwis to year, so long as both parties please, is determinable observation, though perfectly correct, must not be taken at the end of any year, the first as well as any subse- as in any degree directed against the soundness of the quent year, unless, in the creation of the tenancy, the rule; as the implied contract which binds the husband parties introduce provisions shewing that they contem-in such a case does not arise until, having attained his plated a tenancy for two years at the least. . . . . We majority, he elects to take, or to confirm his antecedent are aware that this decision may appear at variance taking, of property under the articies or otherwise. It with the impression which has prevailed in Westmin-taining majority, acts which, in equity, constitute a amounts, in fact, to no more than his doing, upon atster Hall; but the authorities, when examined, cer- contract made then, and not during infancy, to adopt tainly do not warrant the conclusion that has been the settlement. drawn from them, for the reasons above given; and it would, indeed, be absurd in principle, and inconsistent with the contract itself, to hold that the tenancy exists from year to year, determinable by half-a-year's notice by either party at the end of any one year, and yet to hold that neither can give such notice during the first year." In future, therefore, the inquiry will be, whether the terms of the agreement shew that a tenancy for two years at the least was contemplated. The Court of Queen's Bench says, that, in the cases we have mentioned, a contract not to determine the tenancy at the end of the first year appeared either by the pleadings or the evidence. We have already pointed out the correct result of the earlier of those cases, and, since the late judgment, we think that the law is to be found correctly laid down in the following dictum of Holt, C. J., in Dod v. Monger, (Holt, 416; S. C., 6 Mod. 215), and which is cited by the reporters in a note to Doe d. Chadborn v. Green:—“In case a lease be for a year, and so from year to year, as long as both parties shall please, that is a lease binding but for one year; but, if the lessee, without countermand of the lessor, enter 2 The next proposition is, that articles for a settlement on the marriage of an infant woman with an adult man of the woman's real estate, are not binding upon the she has done any act confirming the settlement, woman. So that, if she dies before majority, or belie heirs are not barred. The cases on this point are col lected in Mr. Jarman's note above cited, (pp. 31, 32) and we shall not dilate upon it. Bro. C. C. 106), the husband and wife cannot, after the It is true, that, as decided in Durnford v. Lane, ( wife's majority, convey the wife's lands, comprised in the articles, to other uses. But this incapacity is t because of the settlement being binding on the wife, but because of its being binding on the husband. It aris out of the circumstance, that the wife cannot dispose of and that the husband, being bound by the articles, s her real estate without the concurrence of the husband, trustee for the execution thereof, and cannot be permit ted in equity to assist in defeating the settlement. This apparent exception to the rule is, therefore, not properly an exception, but rather a consequence of the incapacity of a feme coverte to convey alone pending the coverture. an infant, articles of settlement of his real estate are The third proposition is, that, where the husband is not binding upon him; and this for the obvious reason, that the covenant of a male infant is not binding any more than the covenant of a female infant. Of course, |