DAVID JAMES KINGHORN, Boston-street, Mary-lebone, Middlesex, baker, dealer and chapman, April 7 at 2, and May 8 at 1, Court of Bankruptcy, London: Off. Ass. Belcher; Sols. T. and D. Harrison, 5, Walbrook, London. Fiat dated March 23. market, London, poulterer, April 21 at 2, Court of Bankruptcy, London, div.-John Boulton, Redditch, Tardebigg, Worcestershire, needle maker, April 18 at 11, District Court of Bankruptcy, Birmingham, div.-Edw. Brown, Birming ham, merchant, April 18 at 11, District Court of Bankruptcy, JONAS TEBBUTT, Cambridge, auctioneer and land and Birmingham, div.-Cornelius Stovin, Birmingham, coach proestate agent, April 3 at 11, and May 8 at 12, Court of Bank-prietor, April 20 at 11, District Court of Bankruptcy, Birruptcy, London: Off. Ass. Belcher; Sol. Wilkin, Furni-mingham, fin. div. val's Inn, Holborn.-Fiat dated March 20. March 20. CERTIFICATES. Day of Meeting. WILLIAM ROGERS, Lewes, Sussex, draper, dealer and Teo be allowed, unless Cause be shewn to the contrary on the chapman, April 4 at half-past 2, and May 23 at 11, Court of Bankruptcy, London: Off. Ass. Follett; Sols. Soles & Bartholomew Calway, Tooley-street, Southwark, Surrey, Turner, Aldermanbury, City.-Fiat dated March 24. ROBERT CLIFTON, Brandon, Suffolk, brewer, maltster, Dean, Chenies-street, Tottenham-court-road, Middlesex, vicdraper, April 18 at 1, Court of Bankruptcy, London.-Thos. and merchant, dealer and chapman, April 2 and May 11 at tualler, April 18 at half-past 1, Court of Bankruptcy, London. half-past 11, Court of Bankruptcy, London: Off. Ass. Tur--John Carlile, Little Love-lane, Wood-street, London, comquand; Sols. Wayman & Co., Bury St. Edmund's; Hens- mission agent, April 21 at 1, Court of Bankruptcy, London. man, Basing-lane.-Fiat dated March 17. -Curtis Williamson, Great Portland-st., St. Mary-le-bone, JOSEPH TIMMINS, Caynham, near Ludlow, Salop, brick Middlesex, wine merchant, April 21 at 11, Court of Bank maker, dealer and chapman, April 14 and May 8 at 11, ruptcy, London.-Rich. Allerton, Bootle-cum-Linacre, Lan District Court of Bankruptcy, Birmingham: Off. Ass. cashire, wheelwright, April 21 at 11, District Court of BankChristie; Sols. Colmore & Beale, Birmingham.-Fiat dated ruptcy, Liverpool.-Charles Rose, Leeds, Yorkshire, dyer, BENJAMIN MERCER BURROUGHS, Liverpool, iron-John Arnold, Walsall, Staffordshire, woollen draper, April April 20 at half-past 1, District Court of Bankruptcy, Leeds. monger, dealer and chapman, April 7 and May 8 at 12, 22 at 11, District Court of Bankruptcy, Birmingham.-Thos. District Court of Bankruptcy, Liverpool: Off. Ass. Caze- Capas, Bordesley, Aston-juxta-Birmingham, builder, April 24 nove; Sols. Tyrer, Liverpool; Chester & Co., Staple Inn, at 11, District Court of Bankruptcy, Birmingham.-William Davis, Strangeways, Cheetham, Manchester, plasterer, April 20 at 12, District Court of Bankruptcy, Manchester. To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before April 17. Thos. Adams, Cheapside, London, calico printer.-Henry Muggeridge, St. John-street, Smithfield, Middlesex, wire drawer.-Thomas Brown, Connaught-terrace, Edgeware-road, Paddington, Middlesex, boot maker.-J. Roberts, Manchester, linen draper. London.-Fiat dated March 16. JOHN ARKELL, Donnington, Stow-on-the-Wold, Glouces- THOMAS EDMOND, Liverpool, merchant, April 16 and 30 JESSE HALL, Rochdale, Lancashire, share broker, printer, MEETINGS. | SCOTCH SEQUESTRATIONS. John Poulton, West-street, Walworth, Surrey, painter, April 2 at 2, Court of Bankruptcy, London.-Charles Etty, Parkstone, Poole, land surveyor, April 2 at 2, Court of BankJ. Mohon and Rich. Simons, Mincing-lane, London, wine ruptcy, London.-James Phineas Davis, Chiswick, Middlesex, merchants, April 7 at half-past 11, Court of Bankruptcy, Lon- attorney at law, April 2 at 2, Court of Bankruptcy, London. don, pr. d.-W. Blinkhorn, Little Bolton, Lancashire, manu- -Thomas Knowles, Kidderminster, Worcestershire, butcher, facturing chymist, April 8 at 12, District Court of Bank- April 18 at 11, District Court of Bankruptcy, Birmingham. ruptcy, Manchester, pr. d.-Andr. Palmer, Feltwell, Norfolk, Joseph Henry Liggins, Attleborough, Nuneaton, Wardruggist, April 9 at half-past 12, Court of Bankruptcy, Lon-wickshire, gentleman, April 14 at 11, District Court of Bankdon, ch. ass.-T. Winston, Copthall-buildings, London, mer- ruptcy, Birmingham.-David Davies, Llantrissent, Glamor chant, April 9 at 11, Court of Bankruptcy, London, last ex.- ganshire, publican, April 17 at 11, District Court of Bank. John Luke Boorman, Gravesend, Kent, silversmith, April 7 ruptcy, Bristol.-Charles Oakey, Cheltenham, Gloucesterat 12, Court of Bankruptcy, London, last ex.-James Reid, shire, working jeweller, April 13 at 11, District Court of Bank. Newcastle-upon-Tyne, ship broker, April 8 at 12, District ruptcy, Bristol.-Robert James, Walcot, Bath, out of bu Court of Bankruptcy, Newcastle-upon-Tyne, last ex.-John siness, April 17 at 11, District Court of Bankruptcy, Bristol. Carlile, Little Love-lane, Wood-street, London, commission-Richard Johnson, Snape, near Bedale, Yorkshire, woolagent, April 21 at 1, Court of Bankruptcy, London, aud. ac. William Lancelot Kelly, Tewkesbury, Gloucestershire, printer and stationer, April 20 at half-past 12, District Court of Bankruptcy, Bristol, aud. ac.; April 22 at 11, div.Richard Allerton, Bootle-cum-Lineacre, Lancashire, wheelwright, April 21 at 11, District Court of Bankruptcy, Liver-Orders have been made, vesting in the Provisional Assignee pool, aud. ac.-Stephen Elliott and John Allen, Wakefield, Yorkshire, corn factors, April 20 at 11, District Court of Bankruptcy, Leeds, aud. ac.; April 21 at 11, first and fin. div. -Thomas Millership, Moseley New Colliery, near Wolverhampton, Staffordshire, iron master, April 17 at 11, District Court of Bankruptcy, Birmingham, aud. ac.; April 18 at 11, div.-Richard Hulse, Little Tower-street, London, chemist, April 21 at 11, Court of Bankruptcy, London, div.-Wm. Ward, Manchester, auctioneer, April 21 at half-past 12, Court of Bankruptcy, London, div.-Wm. Bromley, Gray's-innsquare, Gray's-inn, Middlesex, scrivener, April 21 at 11, Court of Bankruptcy, London, div.-Wm. Gill, Leadenhall stapler, March 31 at 11, District Court of Bankruptcy, Leeds. Joseph Turner, Nottingham, framesmith, April 2 at halfpast 10, District Court of Bankruptcy, Birmingham. Wednesday, March 25. the Estates and Effects of the following Persons:— (On their own Petitions). John Barker the younger, George-street, Deverell-street, New Kent-road, Surrey, agent for the sale of rags: in the Queen's Prison.-Leonard Albin, Nelson-square, Peckham New-town, Surrey, commission agent: in the Gaol of Surrey. John Frost, Hill-street, Peckham, Surrey, out of business: in the Debtors Prison for London and Middlesex.-Donald Mackinnon, Michael's-place, Brompton, Middlesex, out of business: in the Queen's Prison.-John Gillett, Marshamstreet, Westminster, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Joshua Preston, Gravel-lane, Southwark, Surrey, dealer in cotton goods: in the Debtors Prison for London and Middlesex.-Wm. Luke, Just published, in 1 vol. 8vo.,cloth boards, price 14s., LIVES of EMINENT ENGLISH JUDGES of the Se Brunswick-street, Hackney-road, Middlesex, out of business : venteenth and Eighteenth Centuries. Edited by W. N. WELSBY, in the Debtors Prison for London and Middlesex.-Wm. H. Hale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt, Lord Esq., M.A., Recorder of Chester. Containing the Lives of Sir Matthew Readshaw, North Addington-place, Walworth-road, Cam- Cowper, Lord Harcourt, Lord Macclesfield, Lord King, Lord Talbot, berwell, Surrey, clerk in the Bank of England: in the Debtors Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord MansPrison for London and Middlesex.-Wm. Brownbill, Wake-field, Lord Camden, Lord Thurlow, Lord Ashburton. S. Sweet, 1, Chancery-lane. field, Yorkshire, shopman to a silversmith: in York Castle.Of whom may be had, Christopher Ibberson, Newcastle-upon-Tyne, bookkeeper: in the Goal of Newcastle.-John Sharp, Low-hill, near Liverpool, out of business: in the Gaol of Lancaster.—William Walmsley, Whitton Stocks, near Blackburn, Lancashire, labourer: in the Gaol of Lancaster.-John Larkin, Goodram-pointments, Exchanges, Leases, Mortgages, Transfers, and Re-conveygate, Yorkshire, shoemaker: in the Gaol of York.-Wm. Bett, Rounds, near Thrapstone, Northamptonshire, farmer: in the Gaol of Northampton. MEETING. 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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 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, March 28, 1846, No. 482-VOL. X. APRIL 4, 1846. 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: House of Lords {E. Tmple, B. Fist of the Inner Vice-Chancellor Wigram's [F. FISHER, Est La Lincoln's Privy Council. ........ ...... Barrister Court In the House of Lords, on the 27th ultimo, a bill was read the first time for the Reform of Conveyancing, by extending to mortgages, settlements, sales, exchanges, wills, and farming leases, the blessings of the conveyancing statutes of last year, (8 & 9 Vict. cc. 119, 124); and, by way of meeting the difficulty that has arisen in respect to those statutes, out of the almost unanimous rejection of their benefit by the Profession, it is proposed to go as near as possible towards making the parliamentary forms compulsory, by authorising the taxing Master to disallow a long form, i. e. anything other than the parliamentary form, if he should be clearly of opinion that the shorter form would have sufficed. A grave responsibility, and no little labour of no little difficulty, will thus be thrown upon the taxing Masters, who will be obliged, whenever required so to do, perhaps, to read all the papers constituting the instructions for a draft-certainly to peruse the draft; and then to decide, whether, with the parliamentary form, all that is done by the draft can be as well done, or can at any rate be effectively done. To execute such a duty, would require the taxing Master to be an accomplished conveyancer; and it can scarcely be expected, that the same person, who is, probably, selected for the office of taxing Master for his great experience as a Chancery solicitor, and his minute knowledge of the details of bills of costs for all kinds of business done by a solicitor, shall have also had time and opportunity to qualify himself for determining whether conveyancing counsel, who do nothing every day and all day but prepare difficult drafts, have properly or improperly rejected the proffered aid of the mystic parliamentary columns. It is a pity that it should always be assumed, as a matter of course, that every professional man who deVOL. X. L {G. Inn, Barrister at Law. Temple; and J. P. SMITH, Esq. of the Inner Queen's Bench Bail Court { Inn, Barrister at Law. A. V. KIRWAN, Esq. of Gray's D. POWER, Esq. of Lincoln's Court of Exchequer.... {W.M. BEST, Esq. of Gray's Inn, Barrister at Law. clines to acquiesce in the propriety of any given proposal for shortening conveyances, desires to perpetuate lengthy drafting, and, still more, that such imputed desire should be further imputed to sordid motives. It is also a pity that legislators should have so decided a preference for doing things by a complicated process, when they might be done by a simple one. What is the ingredient in the legislative mind that leads to this result, it may be difficult to ascertain. Possibly there is a mental pleasure in dictating from within the walls of Parliament, the precise form in which men shall express their ideas. It has a certain aroma of despotism. It is a sort of ideal tyranny, sweet, perhaps, to the imaginations of men, who would, undoubtedly, shrink with horror from the exercise of actual despotism, if they had the power to exercise it, and who happily have not that power. Or possibly it may be that mistrust of the understandings of the vulgar, which is apt to suggest itself to minds long removed above their sphere; a mistrust which leads the minds of legislators, who, if they have ever prepared a draft of a conveyance, have long since been removed from the drudgery of chambers, to be willing to protect against the wanderings of their blindness, men who are still stumbling through the dark passages of daily practice with no wiser guides than a Duval, a Brodie, a Jarman, a Hayes, or similar rash, blundering, inaccurate, and inelegant draftsmen. Whatever is the source, however, of this manifestation of the parliamentary mind, certain it is that there is in that mind a tendency in matters of conveyancing reform, to create a language for the people, and to say, "Thus shalt thou speak, and not otherwise;" and, neglecting the simple means of reform offered by the mere abolition of the existing rules which check the endeavours of conveyancers to combine brevity with clearness, a tendency to attempt to force upon lawyers and laymen alike a compulsory style, which is brief, not NEWS! because of its own force it expresses ideas in few words, parliamentary "Bythewood"), would only leave men but because it is to be declared by act of Parliament to mean a great deal more than it says. The progress of the forms of conveyancing from shortness to inordinate length, and from that, backwards again towards conciseness, (for all conveyancers know that modern drafts are not half so verbose as their predecessors), may be traced and explained in this way. As interests in land became gradually the subject of complicated distribution, new forms of conveyances were pari passu invented. From time to time, the effect, not only of the new contrivances, but of the forms by which they were carried into operation, was the subject of litigation, and, at every fresh decision, some little addition to the formulae was made to meet the rule laid down by each particular case, till at length the forms of conveyancing, towards the period when Mr. Bradley and Mr. Booth flourished, had arrived at a most unwieldy state of verboseness. Thenceforward they were subjected to revision, and gradually, by the critical emendations of such conveyancers as Mr. Butler, and Mr. Duval, and of the still more modern school led by Mr. Hayes, Mr. Jarman*, and other gentlemen of eminence, they have reached as concise a form as it seems probable that they will reach, so long as the secondary cause of verboseness, viz. the present ridiculous practice as to remuneration for drafts, is suffered to remain in force. It is beyond doubt, that gentlemen in both branches of the Profession continually do, at personal sacrifice of emolument, consult the interests of their clients, and consume their own time, in carefully curtailing drafts where the property conveyed is small, not only not being compensated for the extra application of time, but literally receiving a smaller remuneration for their labour, than they would have done had they suffered the drafts to go forth in their original state. And why is this? Because it has always been and is still the practice, that the remuneration of the draftsman, be he solicitor or be he counsel, is to be regulated by the length of his draft. It is not to be expected that honourable men should purposely make drafts long in order to swell their gains; and they do not. But it is too much, on the other hand, to expect, that, when men find settled forms with an established import, which they can safely use, they are to sit down and rack their brains, in order to find ways of saying the same things in fewer words, the inducement to such exertion being, that they will double their labours and halve their incomes. We say this is too much to expect of ordinary men. to prepare their own drafts, and give them the needful stimulus for the preparation of short drafts, by enacting, that, upon taxation, the fees and charges for drafts of every kind shall be regulated by reference to the difficulty of the business and the time employed, and not at all by reference to length, we should, in a very reasonable space of time, find conveyances brought down to the utmost conciseness compatible with definiteness and accuracy. We do trust that some members of one or other House will see this matter in its true light, and aim at reform, merely by removing the fetter of a ridiculous practice as to remuneration, instead of by imposing, or attempting to impose, the fetter of unmanageable parliamentary forms. Emperial Parliament. HOUSE OF LORDS. Lord Brougham moved the first reading of a bill relating to the conveyance of land. The bill contained formula which would prove a great comfort to those who were interested in the subject, and perhaps a great discomfort to certain practi tioners of the law-but for that he did not care; he looked to the interest of the client, not the solicitor,-to the courts, whose time would be spared, and to the client, whose purse would be saved. It was proposed to extend the provisions of the bill that applied only to the conveyance and sale of lands wills and farm leases. The expense of conveyances was one to mortgages, settlements, sales, and exchanges of all sorts, to of the greatest inconveniences landed proprietors were subject. ed to. The Committee on the Exclusive Burdens upon Real Property had collected evidence on this subject which was quite frightful. It was proved that the price of land, where the expense of conveyance was little or nothing-he could speak as to France, and there were witnesses who spoke as to Germany and Belgium-was thirty-five and thirty-six years' purchase, thing, it was as much as forty-eight or fifty years. Here the while in one country, where the conveyance cost little or noexpense of conveying an acre of land was sometimes as great as that of conveying a large estate; the saving itself would be a great boon to the landholder. There was a reluctance among the Profession to use these forms, because they were not compulsory. He had been asked why they were not made compulsory-it could not be done. If practitioners chose to convey a piece of land by a long, rigmarole, and expensive deed, they could not compel them to use a shorter form. But he had introduced a clause in the present bill which he hoped would have this effect. In taxing costs it authorised the taxing Master to take the circumstances into consideration, and to disallow the long form if he should be clearly of opinion that the shorter and simpler form would have sufficed. Lord Campbell expressed his concurrence with the measure proposed by the noble and learned Lord, but regretted that he should have cast the reflection he had done on the legal profession. Lord Brougham by no means intended a reflection on the Profession in general: he had said only, certain practitioners, solicitors, and others were opposed to the measure; he believed that the greater number of intelligent men of the Profession were in favour of it. Lord Beaumont said, the evidence taken before the Com But the remaining obstacle to the application of mind to the correction of verboseness in conveyancing being admitted, the simple remedy seems in its removal, not in the substitution, for present compli-mittee upon the Local Burdens on Land proved that the transcation, of a new, and, therefore, pro tanto, more dif- fer of property was impeded by the present system, and the ficult complication. If Parliament, instead of busy-investment of capital in land lessened. ing itself to prepare skeleton drafts for all manner of conveyances, (which it never can do, so as to meet the exigences of business, unless it publishes a sort of The bill was read a first time, and is to be read a second time after the Easter holidays. MASTERS IN CHANCERY.-The Lord Chancellor has * It would, perhaps, be improper to name living convey- appointed the following gentlemen Masters Extraordiancers, were it not that, both these gentlemen, having in va-nary in the high Court of Chancery:-Charles Stewrious publications, recorded their opinions and their practice, ard, of Ipswich, Suffolk; John Thomas Tweed, of have made their names public property. Lincoln. |