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Court-house, LIVERPOOL, Lancashire, July 8 at 10. Catherine Bootle, Liverpool, out of business.-P. Richardson, Toxteth-park, near Liverpool, cart owner.

MEETINGS.

Thos. Wall, Stroud, Gloucestershire, July 10 at 12, Paris's, Stroud, sp. aff.-Jas. Pasmore, Basinghall-street, Middlesex, and Chester-terrace, Borough-road, Surrey, attorney and solicitor, July 8 at 11, Pocock's, 58, Bartholomew-close, London, sp. aff.

INSOLVENT DEBTORS' DIVIDENDS.

Samuel Kelsall, Broadroad, near Mottram, Longdendale, Stockport, Cheshire, traveller in the flannel trade, Platt's, Houghton-green, Manchester, June 25: 58. 3d. in the pound. -Wm. Trethowan, Kingsand, near Devonport, fisherman, Chapman's, Devonport: 15s. 0d. in the pound.-Rich. T. Adams, Deal, Kent, butcher, Hulke's, Deal: 148. 74d. in the pound.

FRIDAY, JUNE 26.

BANKRUPTS.

DOMINIQUE ANDREW MOREL, Langham-place, Saint
Mary-le-bone, Middlesex, dentist, dealer and chapman, July
3 at half-past 2, and Aug. 8 at 11, Court of Bankruptcy,
London: Off. Ass. Pennell; Sol. Spencer, Lincoln's-inn-
fields.-Fiat dated June 22.

ELI SOUL, Tabernacle-walk, Finsbury, St. Luke's, Middle-
sex, bookseller and bookbinder, dealer and chapman, July
3 at half-past 10, and July 31 at 1, Court of Bankruptcy,
London: Off. Ass. Belcher; Sol. Buchanan, 8, Basinghall-
street, London.-Fiat dated June 22.
THOMAS KNIGHT, Minories, London, draper, dealer and
chapman, July 6 at 1, and Aug. 4 at 12, Court of Bank-
ruptcy, London: Off. Ass. Belcher; Sols. Sole & Turner,
Aldermanbury.-Fiat dated June 22.

CHRISTOPHER HENRY STONEHOUSE, Newport, Monmouthshire, ship broker and general commission agent, (a copartner of and in the firm of Christopher Henry Stonehouse & Co.), July 9 and Aug. 13 at 1, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sol. Phillpots, Newport.-Fiat dated June 23.

JOSEPH HOLTAM, otherwise HOLTHAM, Leckhampton, Gloucestershire, grocer and tea dealer, dealer and chapman, July 10 at 1, and Aug. 7 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sols. Packwood, ChelWILLIAM HENRY HORMSFIELD, Cardiff, Glamorgantenham; Sheldon, Cheltenham.-Fiat dated June 18. shire, draper and shopkeeper, dealer and chapman, July 10 and Aug. 18 at 1, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sols. W. and C. Bevan, Bristol.-Fiat dated June 23.

MEETINGS.

Isaac Denning, Titchbourne-st., St. James's, Westminster, Middlesex, watchmaker, July 7 at 2, Court of Bankruptcy, London, pr. d.-J. Crane, Crooked-lane, London, maltster, July 7 at 11, Court of Bankruptcy, London, last ex.-J. Scott, Newcastle-upon-Tyne, fruiterer, July 10 at half-past 10, District Court of Bankruptcy, Newcastle-upon-Tyne, last ex.Sam. Dethick and Thos. Rich. Kay, Newton-heath, near Manchester, common brewers, July 7 at 12, District Court of Bankruptcy, Manchester, last ex.-J. Leadbeater, Manchester, merchant, July 6 at 12, District Court of Bankrupt. cy, Manchester, last ex.-Jules Valle, Manchester, and Arnfield, near Mottram, Cheshire, and Wood-st., Cheapside, London, commission agent, July 21 at half-past 11, Court of Bankruptcy, London, aud. ac.- - Charles Culledge Barley, Wisbech St. Peter's, Ely, Cambridgeshire, grocer, July 17 at 11, Court of Bankruptcy, London, aud. ac.-John Bacon, York, carpenter, July 18 at 11, District Court of Bankruptcy, Leeds, aud. ac.; July 21 at 11, div.-Ed. Joseph Staples, Bristol, surgeon, July 20 at 11, District Court of Bankruptcy, Bristol, aud. ac.-Rich. Lewis, Wootton-under-Edge, Gloucestershire, woollen manufacturer, July 21 at 11, District Court of Bankruptcy, Bristol, aud. ac.-John Peter James, Truro, and Chasewater, Cornwall, draper, July 21 at 11, District Court of Bankruptcy, Exeter, aud. ac.-Charles Henry Waters, Queen's-row, Pimlico, Middlesex, dealer in paintings, July 21 at 11, Court of Bankruptcy, London, div.-J. Perkins, North-place, Gray's Inn-road, Middlesex, jeweller, July 18 at 12, Court of Bankruptcy, London, div.-George Graham, Thos. Adams, and Michael Bogle Macfarlane, Cheapside, London, calico printers, July 17 at 11, Court of Bankruptcy, London, div. sep. est. G. Graham.-George Leather and Charles Wetherell Wardle, Holbeck, Leeds, Yorkshire, earthenware manufacturers, July 21 at 11, District Court of Bankruptcy, Leeds, div.-Jas. Shepherd Gregson, Manchester, grocer, July 24 at 12, District Court of Bankruptcy, Manchester, div.-J. Massey, Manchester, grocer, July 24 at 1, District Court of Bankruptcy, Manchester, div. 12, District Court of Bankruptcy, Manchester, div.-Thos. Wren, Preston, Lancashire, sharebroker, July 15 at 12, Dis. trict Court of Bankruptcy, Manchester, div.-Thomas Gales, Wm. J. Guest, J. Forster Naisby, and Matthew Kirtley, Hylton, Durham, ship builders, July 20 at 11, District Court of Bankruptcy, Newcastle-upon-Tyne, fin, div. sep. est. Thos. Gales.-Thos. Taylor, Newcastle-upon-Tyne, grocer, July 20 at 1, District Court of Bankruptcy, Newcastle-upon-Tyne, div.-Eliz. Gowen and Arthur Shanks, Morpeth, Northum berland, common brewers, July 20 at 12, District Court of Bankruptcy, Newcastle-upon-Tyne, fin. div.-Jas. Blacket, Stokesley, Yorkshire, flax spinner, July 20 at half-past 12, District Court of Bankruptcy, Newcastle-upon-Tyne, fin. div.-John Leech, Newcastle-upon-Tyne, ironmonger, July 20 at half-past 10, District Court of Bankruptcy, Newcastleupon-Tyne, fin. div.

ROBERT HAYWARD BEART, Great Yarmouth, Norfolk, wine and spirit merchant, July 3 at half-past 10, and Aug. 3 at half-past 11, Court of Bankruptcy, London: Off. Ass. Graham; Sol. Penfold, Mecklenburgh-square.-Fiat dated June 6. FRANCIS HOBBS, Romford, Essex, baker and corn dealer, July 2 at half-past 10, and Aug. 7 at 2, Court of Bankruptcy, London: Off. Ass. Turquand; Sol. Walker, Furnival's Inn.-Fiat dated June 15. SETH RICHARD EVANS, Coppice-row, Clerkenwell, and Maiden-lane, Islington, Middlesex, beer-shop keeper and gas meter manufacturer, July 3 at 12, and Aug. 1 at 1, Court of Bankruptcy, London: Off. Ass. Green; Sols. Cox & Stone, Poultry.-Fiat dated June 16. JOHN SUGDEN, Steeton, near Keighley, Yorkshire, worsted manufacturer, dealer and chapman, July 7 and 30 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Young; Sols. Harle & Co., Leeds; Jones & Co., Bedford-row, London.-Fiat dated June 17. ENOS DIBB, Idle, Calverley, Yorkshire, grocer and corn-J. Collins, Salford, Lancashire, common brewer, July 6 at miller, dealer and chapman, July 7 and 30 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Young; Sols. Cariss, Leeds; Sudlow & Co., Chancery-lane, London.-Fiat dated June 10. HERMANN JULIUS MARCUS and JOHN NAYLOR, Leeds, Yorkshire, share brokers, July 7 and 30 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Young; Sols. Upton & Upton, Leeds; Few & Co., Henrietta-street, Covent-garden, London.-Fiat dated June 12. WILLIAM LONERGAN, Liverpool, wine merchant and commission agent, dealer and chapman, July 15 and Aug. 11 at 12, District Court of Bankruptcy, Liverpool: Off. Ass. Bird; Sols. Pemberton, Liverpool; Cornthwaite & Co., Old Jewry-chambers, London.-Fiat dated June 19. JOHN SELLICK LYDDON, Birkenhead, Cheshire, chymist and druggist, July 15 and Aug. 11 at 12, District Court of Bankruptcy, Liverpool: Off. Ass. Bird; Sols. Evans, Liverpool; Oliver, Old Jewry, London.-Fiat dated June 15. THOMAS PLUMLEY DERHAM, Westbury-upon-Trym, Bristol, linen draper, dealer and chapman, July 9 at 11, and Aug. 7 at 12, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sol. Prideaux, Bristol.-Fiat dated June 20. JAMES PHILP, Bristol, wholesale stationer, dealer and chapman, July 9 at 12, and Aug. 7 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Hutton; Sols. Brittan & Son, Bristol.-Fiat dated June 22.

CERTIFICATES.

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

Wm. Bradshaw, Gretton, near Rockingham, Northamptonshire, sheep salesman, July 20 at half-past 11, Court of Bankruptcy, London.- Chas. Jos. Edmonds, Bluntisham, near St. Ive's, Huntingdon, apothecary, July 20 at 1, Court of Bankruptcy, London.-James John Hance, Liverpool, broker, July 21 at 11, District Court of Bankruptcy, Liverpool.-John Sanderson, Liverpool, wine merchant, July 21 at

12, District Court of Bankruptcy, Liverpool.-Geo. Leather
and Chas, Wetherell Wardle, Holbeck, Leeds, Yorkshire,
earthenware manufacturer, July 21 at 11, District Court of
Bankruptcy, Leeds.-John Bridgwood, Forebridge, Castle
Church, Staffordshire, butcher, July 18 at 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 July 17.
John Stevens, Clement's Inn, Middlesex, builder.-George
Smith, Manchester, bill broker. John Radbone, Alcester,
Warwickshire, broker.-Wm. Rogers, Lewes, Sussex, draper.
-D. Broadhead and Augustus John Halcro, Leeds, York-
shire, stock and share brokers.-Thos. Crewdson, Liverpool,
stock and share broker.-Wm. Grosvenor, Shelton, and Han-
ley, Stoke-upon-Trent, Staffordshire, ironfounder.-J. Mor-
ris, Manchester, auctioneer.-Robert Pickles, Barnsley,
Yorkshire, linen manufacturer.-W. Wingfield, Masborough,
Rotherham, Yorkshire, common brewer.-Christ. Stephenson,
Colne, Lancashire, worsted manufacturer.-G. Stone Baron,
Plymouth, Devonshire, money scrivener.-Thomas Williams,
Fenchurch-st., London, merchant.-Hen. Charles Langley,
Suffolk-place, Hackney-road, Middlesex, apothecary-Miles
Griffith and Philip Pearson, New Bond-street, Middlesex,

Salmon's-lane, Limehouse, Middlesex, baker: in the Debtors
Prison for London and Middlesex.-Robt. Jas. How, Sud-
brook-place, John-st., East-lane, Walworth, Surrey, hatter:
in the Queen's Prison.-John Nicholls, Jamaica-level, Ber-
mondsey, Surrey, market gardener: in the Gaol of Surrey.-
Charles Thorpe the younger, Weymouth-street, New Kent-
road, and Brunswick-street, Dover-road, Newington, Surrey,
shoemaker: in the Gaol of Surrey.
(On Creditor's Petition).

Robert Hayes Welch, Gray's-inn Coffee-house, Holborn,
Middlesex, attorney at law in the Queen's Prison.
(On their own Petitions).

:

Wm. Robt. Browne, Glastonbury, Somersetshire, clerk in the Gaol of Wilton.-Francis Robson, Driffield, Yorkshire, out of business in the Gaol of York.-John Baitson, Liverpool, boat builder: in the Gaol of Liverpool.-J. Cumming, Bedminster, Bristol, master mariner: in the Gaol of Bristol. Gaol of Wilton.-Edwin Classey, Pitney, near Langport, So -Wm. Weeks, Bath, Somersetshire, out of business in the mersetshire, farmer: in the Gaol of Wilton.-Ralph Cowell, Southwick, near Sunderland, Durham, market gardener: in the Gaol of Durham.-Chas. Benj. Harrison, Nottingham, out of business: in the Gaol of Radford Peverel.-Thomas Clifford, Huddersfield, Yorkshire, publican: in the Gaol of York.-Elijah Clifford, Cowcliffe, near Huddersfield, Yorkton, Nottinghamshire, out of business: in the Gaol of Radford Peverel.Wm. Bentley, Scholes, near Bradford, YorkNath. Stevens and Sam. Fearon, 1, Gray's Inn-square,shire, wheelwright: in the Gaol of York.-John Robson, DrifMiddlesex, and Fludyer-st., Westminster, attornies at law and field, Yorkshire: in the Gaol of York. solicitors.

tailors.

FIAT ANNULLED.

Lancelot Newton, Albion-street, Hyde-park, Middlesex, shire, coal miner: in the Gaol of York.-John Freeman, Barwarehouseman.

PARTNERSHIP DISSOLVED.

SCOTCH SEQUESTRATIONS.

Boag & Co., Glasgow, merchants.-Wm. Hennecy, Edin burgh, wine merchant.

INSOLVENT DEBTORS

Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process.

Francis Harrison, Verulam-buildings, Gray's Inn, Middle sex, solicitor, July 2 at 2, Court of Bankruptcy, London.Chas. Knapp, Edgeware-road, St. Mary-le-bone, Middlesex, furniture dealer, July 2 at 2, Court of Bankruptcy, London, -John Eling, Gravesend, Kent, livery-stable keeper, July 2 at 2, Court of Bankruptcy, London.-Hannah Lefevre, widow, Claremont-terrace, Islington, Middlesex, July 6 at 11, Court of Bankruptcy, London.-John Stanyon, Long-lane, Smithfield, London, book and print seller, July 2 at 2, Court of Bankruptcy, London.-Jas. Smith, Blackmore-end, Weathersfield, Essex, grocer, June 27 at 2, Court of Bankruptcy, London.-John C. Burchell, Reading, Berkshire, brewer, June 27 at 2, Court of Bankruptcy, London.-John Nowell, Hightown, Birstall, Yorkshire, card maker. July 9 at 11, District Court of Bankruptcy, Leeds.-Jos. Metcalf, Drypool, Hull, miller, July 8 at 11, Mansion-house, Hull.-J. Winter, Stoke-under-Hamdon, Somersetshire, gentleman, July 6 at 1, District Court of Bankruptcy, Exeter.-Rich. Penthybridge, Starcross, Kenton, Devonshire, gentleman's servant, July 6 at 12, District Court of Bankruptcy, Exeter.-Jos. Colston, Leicester, out of business, July 4 at 12, District Court of Bankruptcy, Birmingham.

Wednesday, June 24. Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons:— (On their own Petitions).

G. S. Cramp, Shepperton-st., Islington, Middlesex, out of business: in the Debtors Prison for London and Middlesex.Henry Wilmot Fownes, Old Paradise-row, Islington-green, Islington, Middlesex, corn dealer: in the Debtors Prison for London and Middlesex. - Jonathan Johnson, King-street, Golden-sq., Middlesex, billiard table keeper: in the Debtors Prison for London, and Middlesex.-Thomas Thorne, Johnson-street, Somers'-town, Middlesex, porter at the London and Birmingham Railway Station, Euston-square: in the Debtors Prison for London and Middlesex.-S. L. Coleman, Hereford-place, Westbourne-grove, Bayswater, Middlesex, town traveller for the sale of straw bonnets: in the Debtors Prison for London and Middlesex.-Jean Baptiste Rores, High Holborn, Middlesex, artificial flower maker: in the Debtors Prison for London and Middlesex.-John Tunbridge,

The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Saturday, July 11, at 9. Wm. B. Lloyd, Shadwell, Middlesex, tea dealer.-John T. Bryson, Hoxton Old-town, Middlesex, baker.-Mary Morris, widow, Stafford-st., Bond-st., Middlesex.-Hen. C. Morty, Waterloo-st., Haggerstone,, Shoreditch, Middlesex, dealer in china and glass.-W. H. Low, High-st., Shoreditch, Middlesex, keeper of dining-rooms.-John Mills, Caroline-place, Copenhagen-st., Islington, builder.

July 13, at the same hour and place. Edw. N. Wilde, Bramerton, near Norwich, Norfolk, master mariner.-Hen. Wm. Wright, Little Saffron-hill, Middlesex, looking-glass silverer.-Frederick Fox Cooper, Walcot-place East, Lambeth, Surrey, dramatic author.-Chas. B. Durston, Sutton-st., Soho, Middlesex, baker.-Sam. Smith the younger, Old Charlton, Woolwich, Kent, butcher.-John Castell, Regent-square-mews, Wakefield-st., Brunswick-sq., Middlesex, lodging-house keeper.-John Miller, Wellclose-sq., Middlesex, general dealer.

Court-house,, GLOUCESTER, (County), July 10, at 10. John Horner, Henbury, teazle dealer.-Jas. Ovens, Cheltenham, lodging-house keeper.-Wm. Roach, Frampton, Cotterell, hatter.-Sam. Stickler, Iron Acton, blacksmith.-John Stickler, Iron Acton, blacksmith.—Guy Lockstone, Old Sodbury, labourer.-Hen. Jackson, Gloucester, Excise officer.Sam. Vallis, Wootton-under-Edge, cloth worker.

Court-house, MAIDSTONE, Kent, July 7, at 10.
Chas. Parslow, Gravesend, tailor.

Court-house, BRISTOL, July 13, at 10.
Guillaume Charles, Bristol, dealer in foreign goods.-John
Canning, Bristol, master mariner.-John Randall, Bristol, in
no business.-Sam. Alloway, Bristol, out of business.

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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

Privy Council........

A. GORDON, Esq. of the Inner Vice-Chancellor Wigram's [ F. FISHER, Esq. of Lincoln's

[Temple, Barrister at Law.

TENISON EDWARDS, Esq. of the
Inner Temple, Barrister at Law.

The Lord Chancellor's J A. GORDON, Esq. of the Inner
Temple, Barisrter at Law.

Court

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G. Y. ROBSON, Esq. of the Inner
Temple, Barrister at Law.
(TENISON EDWARDS, Esq. of the
Inner Temple, and
CHARLES MARETT, Esq. of the
Inner Temple, Barristers at Law.

Vice-Chancellor Knight f W. W. COOPER, Esq. of the Inner
Bruce's Court........
Temple, Barrister at Law.

LONDON, JULY 4, 1846.

We have had an opportunity of looking at the Bill for shortening Conveyances, brought into the House of Lords during this session by Lord Brougham, and we shall, in a subsequent Number of THE JURIST, examine and criticise its merits more carefully. In the meantime, it will be sufficient to inform our readers who may not have seen it, that it proceeds upon the same plan as the acts passed during the last session for the same purpose; and we venture to predict for it, should it pass into law, the same quiet neglect at the hands of the Profession, to which its predecessors have been condemned.

It may be greatly questioned, whether it proceeds at all upon a sound principle; but, if it does, it is perfectly clear that it is wholly insufficient for the purposes of the conveyancer's business.

Firstly, with regard to the principle of this mode of shortening conveyances. It consists in drawing conveyances in a language composed of short symbols, explained by reference to elaborate forms. The symbols are to stand for the parliamentary forms; but they are not the forms, and cannot be construed without resorting to the forms themselves. Let us consider how this would work. A deed is laid before counsel to advise whether proceedings at law or in equity can be taken upon it. He must, of course, have the act of Parliament open before him, and at every fresh line of the deed, he will have to refer to some fresh page of the act, to compare the symbol with its exponent, and to consider the effect of the exponent. If separate clauses in the deed have to be compared together, much difficulty will arise from the inconvenience of not being able, as we now are with most deeds, to place the conflicting clauses before the eye at one and the same time; instead of which, a species of saltatory operation of the eye and mind will VOL. X. Y

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Inn, Barrister at Law.

G. J. P.SMITH, Esq. of the Inner
Temple, Barrister at Law.

A. V. KIRWAN, Esq. of Gray's
Inn, Barrister at Law.
D. POWER, Esq. of Lincoln's
Inn; and

(W. PATERSON, Esq. of Gray's
Inn, Barristers at Law.
W. M. BEST, Esq. of Gray's Inn,
Barrister at Law.

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have to take place, from page a to page c, and thence to pages i ork, and then back again, and so on, to the great and very unnecessary fatigue of the person having to advise upon the deed. But this, it will be said, is merely an objection going to the question of the convenience of professional men.

Let us put another case, to consider the effect as to the diminution of expense to the client. Suppose an abstract of title to be in course of preparation. The solicitor cannot, as now, content himself with perusing the deed, and abstracting such parts as, from his experience, he knows are material. At every symbolical clause or covenant, he must turn to the act of Parlia ment, and consider the exponential clause, and determine whether it is requisite specifically to refer counsel to that particular clause, unless he elects to make his abstract consist of a complete copy of every deed, and to cast upon counsel the task of wading through the abstract, with one eye upon the papers, and the other darting backwards and forwards through the act of Parliament. Whether this process of abstracting deeds, which, we contend, will be inevitable, will be less expensive than preparing an abstract of deeds framed according to the present usual forms, will admit of doubt. But we have no doubt that it will be more expensive to the client, than would the present mode of preparing an abstract, if deeds were drawn according to such short forms as are gradually getting into use, and as would certainly become general under the effect of a few simple regulations. We shall not at present enter more into the details of this part of the subject, reserving them for the examination of Lord Brougham's bill, that we purpose presenting to our readers.

The second objection to this bill is, that, if its principle be correct, it falls wholly short of the wants of the conveyancer. The varieties of the classes of deeds

SPAPERS

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lawyer; and cases will still occasionally arise, and those, cases of the most stirring and interesting character, in which, in determining on the rights of the Crown or of the subject, the advocate must dip deeply into the wells of ancient law, and seek his evidence among the words that were uttered and the things that were done, in the days when chancellors were priests, and subpoenas had sometimes to be served at the point of the lance. Great thanks, then, are due to the lawyers who explore, for the benefit of their brethren, the history of the law, their rest, but that which is even dearer to Englishsacrificing to the study of legal antiquarianism not only men, the acquisition of wealth; not being like those who, in the words of Spelman, "are all for profit and lucrando pane, taking what they find at market, without inquiring whence it came;" but more like those beyond the seas, who are "not only diligent but very

are almost endless; the variation of structure and language rendered necessary in deeds of the same class, by the various circumstances of parties, are still more abundant. Even in mortgage transactions, the deeds relating to which are the most samely of all the conveyancer's productions, it is unusual for the draftsman not to find in every new case, some circumstances which render a greater or less departure from his forms requisite. But when we come to settlements and wills, and purchasedeeds relating to encumbered property, (and when does the conveyancer draw a purchase-deed of property wholly unencumbered?), it is not too much to say, that no two cases are ever totally alike, and scarcely ever are any two instruments framed with the same forms. Either the usual arrangement of the limitations and forms has to be varied, entailing some slight alteration in the wording of the instrument, or some intention wholly or partially unusual has to be expressed; so that, to supply the wants of the conveyancer, if he is to speak in short symbols, and rely on a parliamentary exponent, the greatest variety of forms must be collected The early part of Mr. Spence's work is devoted to an in the parliamentary book of precedents; otherwise it investigation of the state of the laws in the Anglo-Saxon will be of use to him only in those ordinary transac-period of our history, and thence through its period tions which form but a small portion of the business of a conveyancer, and do not, in the usual course of business, form the portion found most expensive to the

client.

Rebiew.

The Equitable Jurisdiction of the Court of Chancery, &c.
By G. SPENCE, Esq., Q. C. Vol. 1.

[London, 1846: Stevens & Norton.

It has long been remarked by foreign jurists, that, of all the European lawyers, the English are, as a body, the most practical, but the least scientific; the most accurately informed of the existing state, and the most ill informed upon the antiquarian learning, of the law that they administer. The remark is perfectly founded in truth; but whether the truth is one which entails humiliation upon the English lawyer, is a question on which there may be opposite opinions, fortified by apparently cogent arguments.

We are not of those who think that to know anything besides practical law, is prejudicial to the efficiency

curious in this kind."

Mr. Spence has entitled himself to these thanks by the production of the volume now before us, in which we find, as the result of inquiries that must have been painfully laborious, a deeply interesting account of the origin and gradual growth of the Court of Chancery and of its equitable principles.

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of amalgamation with the system of Norman feudalism; and even so early as the time of Edgar is to be found, according to Mr. Spence, the germ of the jurisdiction of Chancery. "Besides the jurisdiction" (he says)" which was exercised by the king in his court, or by his councils, he appears to have exercised a kind of equitable jurisdiction for mitigating the rigour of the positive law laid down in the codes, when its strict execution in the particular case would have operated injustice. Thus, it is declared by the code of Edgar, that if the law were too heavy, a mitigation might be sought from the king. The law of Edgar appears in terms to apply to the fines and compensations fixed by the law for personal injuries. The laws of the Burgundians 'notice this prerogative in more extensive terms; it was there declared that it belonged to the king to solve ambiguities, and to interfere when a case arose requiring a remedy, but as to which the written law was silent, and to apply the doctrines of equity to the decision of cases involving special considerations. In each nation the prerogative appears to have been of 'imperial origin.

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cery."

"Edgar's successors, Anglo-Saxon, Norman, and English, continued to exercise this jurisdiction, which of a practising lawyer; but, on the other hand, we re-is the germ of the jurisdiction of the Court of Chanmember, that, as the primary business of the people with the laws, is to obtain their protection, so the pri- In a considerable portion of this part of the book, mary business of the lawyer, as his very name bespeaks, Mr. Spence treats of the history of the common law, is to advise and assist the people in obtaining that pro- and of the law of property of this country,-a subject tection; and for that purpose it is more material to collateral to his principal one, the jurisdiction of courts know what the law actually is, than to know how it of equity. In this part of his work he has scattered has become what it is. Nevertheless, there is a charm notes full of curious matter of antiquarian law, with a in seeking, through masses of bygone learning, to ex-profusion perfectly overwhelming; and civilians, black tract from the past the secret of the construction of that marvellous system, which, whatever may be said of it by its enemies, has ministered in this country, in no small degree, to the gradual consolidation of true liherty, by establishing and maintaining doctrines under which property has been placed under the two conditions most favourable to civilisation, viz. nearly total imperturbability as to its protection, and infinite perturbability as to its disposition.

The knowledge, too, of the various phases through which the law has passed in forming itself during a course of several centuries, difficult as it is of acquisition, and sparingly as it is applicable to modern practice, is yet not without its influence upon the style of thinking and speaking of even the modern practical

letter, old charters and precedents, and both English and foreign writers on such matters, whose names even but few lawyers have heard, enrich Mr. Spence's pages with what would have been termed, in the language of the periods of which he writes, marvellous quaint and cunning learning. Of course, in a series of researches in the nature of antiquarianism, matter must be occa sionally found, which is in itself utterly trivial, and only interesting because time has rendered the ascertainment of the truth difficult. Of this character is a grave note in p. 119, which exhibits in an amusing way, the importance that trifles acquire in the minds of very learned men, if they do but have reference to something infinitely old and obscure. "I am favoured," says our author, (p. 119, note (m))," by that very in

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