DANIELL'S CHANCERY PRACTICE. Now complete, (Second Edition), in 2 Vols. 8vo., price 31. 3s. bds. THE PRACTICE of the HIGH COURT of CHANCERY. By EDMUND ROBERT DANIELL, F.R. S. Second Edition, with several New Chapters, and considerable alterations and additions; adapting the Text to the last General Orders of May, 1845, and the Decisions of the Court up to the time of publication. By T. E. HEADLAM, Esq., of the Inner Temple, Barrister at Law. “ In nothing has Mr. Headlam been more successful than in the plan by which he has adapted the new Practice, occasioned by the New Orders of May, 1845, to the general Practice of the Court. He has in every case incorporated any of the New Orders by which the practice has been varied with the text of the original work, and he has given expositions of the effect, actual and probable, of those Orders, which exhibit much tact and professional acumen."-Law Mag., No. 7, N. S. 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. ANSTEY'S HISTORY OF THE LAWS AND CONSTITUTIONS. This day is published, in post 8vo., price 128., boards, A GUIDE to the HISTORY of the LAWS and CONSTITUTIONS of ENGLAND, consisting of Six Lectures, delivered at the Colleges of Saints Peter and Paul, Prior-park, Bath, in the presence of the Bishop and his Clergy. By THOMAS CHISHOLME ANSTEY, Esq., of the Middle Temple, Barrister at Law, Professor of Law and Jurisprudence in those Colleges. 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, MILLER'S ORDERS IN CHANCERY.-Second Edition. Price 148. boards, THE ORDERS of the HIGH COURT of CHANCERY, from HILARY TERM, 1800, to MICHAELMAS TERM, 1845, with an Analysis of the Orders; the Statutes relating to Pleading and Practice in that Court, including Sugden's Acts, with Notes of the Decisions upon the above Orders and Statutes, and Explanatory Observations. Second Edition. By SAMUEL MILLER, Esq., Barrister at Law. BURTON ON REAL PROPERTY.-SIXTH EDITION. BURTON on REAL PROPERTY, with Notes shewing the recent THE ELEVENTH EDITION of SIR E. B. SUGDEN'S PRACTICAL TREATISE on the LAW of VENDORS and PURCHASERS of ESTATES. ** By adopting a smaller type and adding to the fullness of the pages, this Edition has been very considerably reduced in bulk and price. The intrinsic value of the work has not in any way been affected by the alteration in appearance, as the text remains unabridged, while the facility of reference is increased by the consolidation of the former three indexes. S. Sweet, 1, Chancery-lane, London. Of whom may be had, recently published, SIR EDWARD SUGDEN'S TREATISE ON POWERS. A PRACTICAL TREATISE on POWERS. By the Right Hon. ALL the EFFECTIVE ORDERS in the HIGH COURT of CHAN CERY from 1815 to the present_time, with the Decisions thereon, and the Statutes which regulate the Practice of the Court. By TENISON EDWARDS, Esq., Barrister at Law. To which are added PRECEDENTS of BILLS of COSTS ADAPTED to the NEW orders, with Practical Observations. SWEET'S CONCISE PRECEDENTS IN CONVEYANCING. Price 11. boards, A COMPLETE COLLECTION of CONCISE PRECEDENTS in CONVEYANCING, including all the usual Forms of Agreements, Appointments, Exchanges, Leases, Mortgages, Transfers, and Re-conveyances of Mortgages, Partition, Partnership Deeds, Purchase Deeds, Releases, Settlements, and Wills, adapted to ordinary Use in small Transactions. With the Statute 7 & 8 Vict. c. 76, intituled, “An Act to simplify the Transfer of Property," and a copious Commentary. To which is added, an Appendix, comprising an Essay on Testamentary Gifts to Classes, and on Gifts over in case of Death, &c.; and a Summary of the Law as to Stamps on Instruments relating to Mortgages. By GEORGE SWEET, Esq., of the Inner Temple, Barristerat Law. SUPPLEMENT TO SWEET'S CONCISE PRECEDENTS. Price 38. The STATUTES of the SESSION, 8 & 9 VICTORIA, relating to CONVEYANCING, with a Commentary and Forms. By GEORGE SWEET, Esq., of the Inner Tempie, Barrister at Law. L Just published, in 1 vol. 8vo., cloth boards, price 148., IVES of EMINENT ENGLISH JUDGES of the Seventeenth and Eighteenth Centuries. Edited by W. N. WELSBY, Esq., M.A., Recorder of Chester. Containing the Lives of Sir Matthew Hale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt, Lord Cowper, Lord Harcourt, Lord Macclesfield, Lord King, Lord Talbot, Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord Mansfield, Lord Camden, Lord Thurlow, Lord Ashburton. S. Sweet, 1, Chancery-lane. SPENCE ON THE EQUITABLE JURISDICTION OF THE COURT OF CHANCERY. This day is published, in royal 8vo., vol. 1, price 17. 11s. 6d. boards. THE EQUITABLE JURISDICTION of the COURT of CHANCERY; comprising its Rise, Progress, and final Establishment; to which is prefixed, with a view to the Elucidation of the main Subject, a Concise Account of the Leading Doctrines of the Common Law, and of the Course of Procedure in the Courts of Common Law in regard to Civil Rights, with an attempt to trace them to their sources; and in which the various Alterations made by the Legislature down to the present day are noticed. By GEORGE SPENCE, Esq., one of her Majesty's Counsel. Stevens & Norton, 26 and 39, Bell-yard, Lincoln's Inn. EXAMINATION QUESTIONS in TRINITY TERM are now ready, with full Answers, and References to Cases and Authorities. By the EDITORS of the LAW STUDENT'S MAGAZINE. Price 1s. 6d., or sent free on receipt of 24 postage stamps. Kelly & Co., 20, Old Boswell-court, Temple-bar, and ali Booksellers. Series 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14, may still be had. PIGOTT AND RODWELL'S REGISTRATION APPEALS. This day is published, 8vo., price 78. 6d. sewed, Part 3 (containing the latest Appeals that have been decided) of REPORTS of CASES DECIDED in the COURT of COMMON PLEAS, on APPEAL from the DECISIONS of the REVISING BARRISTERS. By G. PIGOTT, Esq., and H. RODWELL, Esq, of the Middle Temple, Barristers at Law. The Volume may now be had complete in three Parts, (containing all the Appeals decided under the Registration of Voters' Act), price 19s. boards. Henry Butterworth, Law Bookseller and Publisher, 7, Fleet-street. Just published, price 3s. 6d, 12mo., boards, Second Edition, THE LAW of REGISTRATION of VOTERS at PAR- This day is published, in One thick Vol. 8vo., price 17. 16. boards, DICKINSON'S GUIDE to the QUARTER SESSIONS. A Practical Guide to the Quarter Sessions, and other Sessions of the Peace; with Forms of Indictment, &c. Adapted to the Use of Magistrates and Professional Gentlemen. By SERJEANT TALFOURD. The Sixth Edition, revised and corrected, with great Additions, by R. P. TYRWHITT, Esq., Barrister at Law. S. Sweet; V. and R. Stevens & G. S. Norton; A. Maxwell & Son; H. Butterworth; and O. Richards. THE REGISTRATIONS. THE FOURTH EDITION of the REGISTRATION of ELECTORS ACT, incorporating the Reform Act, &c.; with the Decisions of the Common Pleas on the Appeals. By EDWARD W. COX, Esq., Barrister at Law. Price 58. boards; half-calf, 6s. 6d.; and interleaved, 7s. 6d. COX and ATKINSON'S REGISTRATION APPEALS.-Part 2, price 58.; containing all the Cases of last Year. Parts 1 and 2, sewn together in a double part, price 10s., with an Index, contains all the Appeals to the present time. Law Time's Office, 29, Essex-street. REPORTS in QUEEN'S BENCH, Dowling & Ryland, 9 Vols., to Gale & Davison, Vol. 2, 29 Vols., 151.-COMMON PLEAS, Series by Marshall, to Scott, 8 Vols., together 31 Vols., 16. Vesey, jun., 20 Vols., continued to Mylne & Keen, 3 Vols., complete Chancery Series of 43 Vols. and 2 Parts, 301.; East's Reports to Barnewall & Cresswell, 37 Vols., 16. Also the Statutes at Large, Magna Charta to the present Session, quarto size, quite new, in law calf bind ing, 351.; and, in the same fine condition, an entire set of the Law Journal Reports, Statutes, &c., from commencement in 1822, to June, 1846, for 271. 10s. William H. Bond, 8, Bell-yard, Temple-bar. 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, August 8, 1846. No. 501-VOL. X. AUGUST 15, 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: A. GORDON, Esq. of the Inner Vice-Chancellor Wigram's [F. FISHER, Esq. of Lincoln's House of Lords {^ THE provisions of the 4 Geo. 2, c. 28, concerning actions of ejectment by landlords against their tenants, are familiar to our readers. By that statute considerable facilities were afforded to landlords, and the difficulties created by the formalities which the common law required to be observed in enforcing rights of reentry were removed. By the 2nd section in particular it was enacted, "That, in all cases between landlord and tenant, as often as it shall happen that one halfyear's rent shall be in arrear, and the landlord or lessor to whom the same is due hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a declaration in ejectment for the recovery of the demised premises; and in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry, and ouster, it shall be made appear to the court where the suit is depending by affidavit, or be proved upon the trial in case the defendant appears, that half-a-year's rent was due before the declaration was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor or lessors in ejectment had power to re-enter, then, and in every such case, the lessor or lessors in ejectment shall recover judgment and execution, in the same manner as if the rent in arrear had been legally demanded, and a re-entry made." The reader will observe, that, by the terms of the above section, its provisions are to be applicable to cases where the landlord hath right by law to re-enter for the non-payment of the rent. In our last number a case is reported, which shews what is the meaning to Court ........ Court of Queen's Bench Queen's Bench Bail Court { פן Inn, Barrister at Law. G. J. P.SMITH, Esq. of the Inner Temple, Barrister at Law. Inn, Barrister at Law. A. V. KIRWAN, Esq. of Gray's D. POWER, Esq. of Lincoln's Inn; and Court of Common Pleas, PATERSON, Esq. of Gray's tion of Voters Act.... Inn, Barristers at Law. Court of Exchequer.... {W.M. BEST, Esq. of Gray's Inn, Barrister at Law. are in any way concerned in preparing them, we think we may usefully give it a more prominent place in our pages than it occupies in the columns of reports. There may be some of our readers by whom a common-law case, though relating to their own more peculiar branch of the law, would escape being noticed. In Doe d. Darke v. Bowditch, an action of ejectment had been brought under the provisions of the statute we have referred to. The clauses in the lease were very inartificially drawn, but the reasonable construction, and that which was put upon them by the court, was, that, upon non-payment of the rent reserved, the lessor might enter and hold the premises until the arrears were satisfied. Primâ facie, this would be within the terms of the statute, viz. a right by law to re-enter for the non-payment of the rent. But, upon closer examination, various reasons suggest themselves for putting a limited construction upon those words; and the Court of Queen's Bench have held, and apparently rightly, that the statute did not apply to such a case. The precise words of the condition were, "to enter on the premises for the same until it be fully satisfied;" and the period for which the landlord was to be entitled to hold the premises was therefore limited to the time during which the arrears remained unpaid. But, by the statute, unless the tenant pays the arrear of rent within six months, the lease is to be absolutely forfeited, which was not intended by the parties, nor is within the terms of the condition. It was upon this ground that the court made their decision. "The object," says that portion of the judgment, "of the 2nd section of the 4 Geo. 2, c. 28, appears, by the preamble, to have been, to remove the inconvenience to landlords from the niceties attending re-entries at common be attached to these words, and, as the decision has an from the obtaining injunctions in equity and important bearing upon the provisions usually inserted in leases, and ought to be well known to those who VOL. X. EE provides, that, where half-a-year's rent is due, and the landlord has a right to re-enter for non-payment, the ISAL service of a declaration in ejectment, in the manner like effect, then the profits shall be accounted no part of pointed out by the statute, shall stand in the place of a the satisfaction, but to hasten the lessee to pay it, and, demand and re-entry; and if the tenant appears, and as Littleton saith, that, until he be satisfied, he shall it is proved that half-a-year's rent was due, and no take the profits to his own use. (Co. Litt. 203. a.) It sufficient distress upon the premises when the declara- is said, however, that the feoffor or lessor gaineth no tion was served, and that the landlord had power to estate of freehold, but only an interest by the agree re-enter, then the landlord shall recover judgment and ment of the parties to take the profits in nature of a execution in the same manner as if there had been a distress. We see, therefore, that, long before the 4 Geo. demand and re-entry. If the statute had stopped there, 2, c. 28, there was a wide distinction between a general the plaintiff in the present case might have been en-condition, that a lessor should re-enter upon the demised titled to avail himself of it, assuming that half-a-year's | premises, and a special condition, that he should enter rent was due, and that there was no sufficient distress upon the premises, as he had a right to re-enter upon non-payment of rent, and the only effect of the statute would have been to relieve the plaintiff from the common-law formalities of the demand and formal reentry, and he would have recovered possession of the premises, to hold until the arrear of rent was satisfied, when the lessee would be entitled to re-enter under his lease. and hold until payment or satisfaction of the arrears of rent. At the time that act was passed, the Legislature most probably intended, that where a landlord had to bring an action of ejectment, whether in pursuance of a general or a special condition, he should be released from the formalities imposed by the common law. It now turns out, however, that the statute has been so framed as to exclude the latter case; and in preparing leases, therefore, care must be taken in future to adopt ، The statute, however, goes on, in the same section, the general condition creating an absolute forfeiture of to say, 'that, in case the lessee shall permit or suffer the lease, and not the special and more equitable condi judgment to be recovered on such ejectment, and exe-tion, that the lease shall be quasi forfeited, so long only cution to be executed thereon, without paying the rent and arrears, together with full costs, and without filing any bill for relief in equity within six calendar months after such execution executed, then the lessee shall be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error for reversal of the judgment, in case the same shall be erroneous, and the landlord shall from thenceforth hold the premises discharged from the lease.' "The latter part of the 2nd section applies to the whole ; and, if the right to re-enter in the present case is within the meaning of the statute, the effect would be, that, unless the tenant paid the arrear of rent within six months, the lease would be absolutely forfeited, though the condition is merely that the landlord shall enter and hold until the arrears are paid, and the statute would enlarge the terms of the condition, and create a forfeiture where none was intended by the parties. We are of opinion that the statute was not intended so to operate, but that its application is to those cases only | where the right to re-enter is absolute, and not, as in this case, quo usque; and the lease upon such re-entry is forfeited." But, although not within the statute, the landlord might, in the case we have been considering, bring an ejectment at common law. In Co. Litt. 202. b., the case is put. (Litt. s. 327). The feoffor or lessor may enter and hold the land, and take the profits, until the rent is satisfied, with the distinction, important at common law, and, therefore, necessary to be remembered in case the lessee has to bring ejectment to recover back the land, but not admitted in equity, that where the condition is, that, if the rent be behind, the lessor shall re-enter and take the profits until thereof he be satisfied, there the profits shall be accounted as parcel of the satisfaction, and, during the time that he so taketh the profits, he shall not have an action of debt for the rent, for the satisfaction whereof he taketh the profits. But if the condition be that he shall take the profits until the feoffor or lessor be satisfied or paid of the rent, without saying "thereof," or to the as the rent remains unpaid. The decision appears to us to be of much practical importance, and one which, as we said before, called for an especial notice. Correspondence. TO THE EDITOR OF "THE JURIST." Sir, your obedient servant, pe Our correspondent is not the only member of the profession whom it has been our misfortune to offend in the course of our observations on the state of conveyancing practice. He entirely misunderstands us, and wastes his indignation on an imaginary offence. We have not made any attack upon the conveyancers; but, since their friends are anxious not merely to exculpate, but to exalt and glorify that respectable body of lawyers, we shall take occasion, while replying to our correspondent's charge, to consider what are the claims of conveyancers on the gratitude and esteem of society at large. As the offensive passages are fortunately not long, we reprint them: "It is to conveyancers that we chiefly owe the absurdities and abuses of the existing system, and it is on conveyancers alone that the discredit, such as it is, of the recent abortive attempts at reform must rest." "The truth is, that the successful amendment of any time-worn social machinery requires the co-operation of many qualifications which are seldom united in the same individual, and which, distributed among several, cannot easily be brought together and concentrated with effect upon a given object. And, though the conveyancer is, or ought to be, the most shifty of the children of the law, yet his professional habits are not well fitted for the training of an accomplished reformer. To recognise in a general principle only the fruitful parent of an infinite variety of deformed but powerful and tyrannous dwarfs called 'exceptions and qualifications,' (the issue of a polygamous intercourse with sophistry, pedantry, ignorance, error, and expediency); to seek on all doubtful points, not the true rule, but a course consistent, if possible, with the worse as well as the better opinion;' to ask, at every turn, not 'Is this right?' but, 'What will the Profession, what will an unlearned judge, or an ignorant or timid practitioner, or a captious purchaser, say to this?' ever to consider private interest as paramount to public convenience; to abet his client in roasting his own eggs in the embers of his neighbour's house; daily to read, compose, write, and comment upon countless folios of the most barbarous, tautologous, and absurd jargon; in short, on every occasion systematically to eschew enlarged and general views, and to bestow equal consideration on form and substance, custom and reason; these are habits which must entirely disqualify any ordinary capacity for the successful development of a solid and comprehensive scheme of reform. Whatever may be the cause, certain it is, that, at present, the law owes no great debt to the conveyancers on the score of amendment." Whether or not this be a diatribe, or rambling and declamatory in style, is a point of criticism which we need not discuss. We think it is not invective, or abuse, and we are sure that it contains no imputation of motives. Its propriety and becomingness will depend in some measure on its truth. That conveyancers were the framers of the recent statutes relating to conveyancing, sufficiently appears in the article referred to,-that the absurdities and abuses of the existing system (i. e. the verbosity, complexity, and length of conveyances, the reform of which was the subject-matter of the article) might be removed by the conveyancer, without any assistance from without, we have shewn in former articles,—and we shall presently briefly repeat the demonstration. That they are alone answerable for what, under the existing law, is superfluous in conveyances, is an assertion which may pass without any formal proof. "To recognise in a general principle only the parent of an infinite variety of exceptions" is the fate not only of the conveyancer, but of the adept in every other branch of the English law. Without referring to the statute-book, wherein Chaos rules supreme, is not the direct course of the conveyancer perpetually thwarted by judicial currents, eddies, quicksands, rocks,-styled anomalies, exceptions, departures from principle? Was not Sophistry guilty of Dumpor's case, and the exclusion of the half-blood from inheritance,-Pedantry of Lord Lincoln's case, and the rule as to releases in Litt. s. 222,-Ignorance of Doe v. Hilder, and the hopeless perplexities of the learning as to the raising of uses within the Statute of Uses,Error of Toulmin v. Steer, (3 Meriv. 216),-and Expediency of Taltarum's case?" "The absurdity of Lord Lincoln's case,' ," said Lord Mansfield, "is shocking." (Doug. 722). The settled rule for construing gifts over on failure of issue was pronounced by a Lord Chief Justice (Wilmot) to be " a monstrous absurdity," "a shameful abuse of language," "the most intolerable tyranny, the grossest barbarism," &c. (Keeley v. Fowler, Wilm. 408). That conveyancers must govern their practice by such rules is their misfortune, not their fault. To endeavour to guard his client against the inconveniences which might flow from even the unfounded doubts of the ignorant or injudicious, is the conveyancer's duty; but the constant performance of such a duty tends to deaden the discriminative faculty and damp the courage which are necessary to a reformer. "To consider private interest as paramount to public convenience, and to abet his client in roasting his own eggs in the embers of his neighbour's fire," may or may not be the duty of the conveyancer, in a moral point of view; but it certainly is not unfrequently his practice. What was the whole system of attendant terms, to which conveyancers clung so fondly, but a large egg-roasting establishment of the kind described? How does Mr. Preston lay down the rule as to searching for prior claims? "When the purchaser can obtain a clear title to a legal estate anterior to the period at which he would otherwise search for judgments, then, in practice, a search for judgments is not advised. The purchaser may rely on the legal estate, and the rule of equity which protects purchasers for a valuable consideration, and without notice." (Abstracts, vol. 3, p. 339). "The system [of protection from the legal estate] has a tendency in some cases to promote fraud: it may enable a party who has made a settlement to defeat it with greater facility. It appears, too, that, in some instances, it induces a system of selfish caution, with an indifference to the just claims of other persons, since some respectable practitioners have avowed, that, when an outstanding term can be obtained, they advise their clients to omit the usual inquiries by which the existence of intermediate incumbrances might be discovered, and to rely upon the legal estate to defeat them." (2nd Real Prop. Rep., p. 13). And the better to favour this sort of double dealing, it was the approved practice to keep the title to the inheritance altogether free of any allusion to the "attendant," but very independent term. Lastly, we have said that conveyancers are in the habit of reading, composing, [compiling should have been the word], and commenting upon countless folios [not countless, for every word is counted, for the benefit of the revenue] of the most barbarous, tautologous, and absurd jargon. To put this assertion to a severe test, let us take the commencement of a marriage settlement given by a late celebrated conveyancer, as a model of that kind of draftmanship. "Whereas a marriage is intended to be [shortly had and] solemnized between the said A. A. and C. B., and the said B. B. hath agreed to pay the sum of £unto the said A. A. as [and for] the marriage portion of the said C. B., his daughter. Now this indenture witnesseth, that, in consideration of the said intended marriage, and of [the sum of] [of lawful money of Great Britain] to the said A. A. [iñ hand] paid by barous, tautologous, and absurd jargon,” take from the same authority the following covenant in a partition deed, that A. B. and his heirs, &c., the said B. B., [at or before the sealing or delivery of these presents, the receipt and payment whereof he the said A. A. doth hereby acknowledge, and of and from the same, and every part thereof, doth release and ac"Shall and will from time to time, &c., upon every quit the said B. B., his heirs, executors, administrators, reasonable request, and at the proper costs and charges and assigns, and every of them, for ever, by these pre- of the said J. F., his heirs or cestuis que use, or any of sents, and for making such provision and settlement for them, make, do, and execute, or cause or procure to be and upon the said C. B., and the issue of the said in- made, done, and executed, all such further and other tended marriage as hereinafter mentioned, and for set- lawful and reasonable acts, deeds, devices, conveyances, tling and assuring the hereditaments hereinafter granted and assurances in the law whatsoever, for the further, and released, or intended so to be, with the appurten- better, and more perfectly and absolutely granting, ances, to the uses, upon the trusts, for the intents and conveying, and assuring the same messuages and other purposes, and under and subject to the powers, provi- hereditaments, with the appurtenances, to the uses soes, declarations, limitations, and agreements herein- hereinbefore limited concerning the same, as by the after limited, expressed, and declared of and concerning said J. F., his heirs or cestuis que use, or any of them, the same; and for and in consideration of the sum of or their or any of their counsel in the law, shall be reafive shillings of like money to the said A. A. in hand sonably advised, or devised and required," &c. paid by the said C. C. and C. E. at or before the seal- A. B. "shall" and his heirs "will"-" cestuis que ing and delivery of these presents, (the receipt whereof use"-" any of their counsel," (meaning the counsel of is hereby acknowledged), he], the said A. A. [hath any of them), will suffice for barbarism. With tautogranted, bargained, sold, released, and confirmed, and logy the whole covenant is turgid; but, "will, upon by these presents] doth [grant, bargain, sell] release every reasonable request, do such reasonable acts as [and confirm] unto the said C. C. and C. E., [in their shall be reasonably required;" "lawful acts in the actual possession now being, by virtue of a bargain and law," &c., shew, that when synonyms fail, reiteration sale to them thereof made by the said A. A., in consi- must be tried. Absurdity is stamped upon the whole deration of five shillings, by indenture bearing date the by the words "or procure to be made," &c., which day next before the day of the date hereof, for the term make the covenantor engage not only that himself and of one whole year, commencing from the day next those claiming under him will execute further asbefore the day of the date of the same indenture of bar-surances, but that they will procure to be made all such gain and sale, and by force of the statute made for trans- further assurances as the purchaser shall require, and ferring uses into possession] and [to] their heirs, all render the covenant, which was intended to be qualified, &c., and all [houses, outhouses, edifices, buildings, absolute. And these are the faults, not of a hasty barns, dove-houses, stables, yards, gardens, orchards, sketch, but of common forms, which, during half a lights, easements, ways, waters, watercourses, commons, century, have been subjected to the daily scrutiny of an commodities, privileges, emoluments, advantages, here- educated and liberal profession. ditaments, and] appurtenances [whatsoever] to the said [messuages or tenements, lands and] hereditaments, [belonging or in anywise appertaining, or accepted, reputed, taken, or known as part, parcel, or member thereof, and the reversion and reversions, remainder and remainders, and yearly and other rents, issues, and profits of all and singular the premises], and all the [estate, right, title] interest therein [trust, property, claim and demand whatsoever] of [him] the said A. A., [of, in, to, or out of the said messuages, lands, tenements, hereditaments, and premises, and every of them, and every Need we add, that, in endeavouring to bring under part and parcel of them, and every of them. To have discussion what we regard as grave defects in the pracand] to hold the said [messuages or tenements, lands] tice of conveyancers, our object is to serve, and not to hereditaments [and other the premises hereby granted damage them—to make their practice more rational and released, or intended so to be, with their and every and useful, and therefore more agreeable, and more reof their rights, members, and appurtenances] unto the spectable and honourable. Commerce in land has vastly said C. C. and C. E., and their heirs [for ever; never-increased of late, and is rapidly increasing, and with theless to the uses, upon the trusts, for the intents and purposes, and under and subject to the powers, provisoes, limitations, declarations, and agreements hereinafter limited, expressed, and declared of and concerning the same, that is to say,] To the use &c." (2 Sand. Uses, 4th ed., p. 148). Our former article contained no attack upon the character of the conveyancers, but merely a description of their occupation. We now charge them, not with motives, but with the fact, that they have invented this insufferable conveyancing language, and have persevered in the use of it, in spite of remonstrance and ridicule, until they have driven the laity to seek relief against their own "counsel" at the hands of the Legislature. If this charge is unjust, it may be met in a better way than by calling names. this increase has arisen a demand for amendment of the system of transfer, which will be satisfied. If the leading conveyancers lend their aid to work out the details of those general schemes of reform which they cannot be expected to originate, they will secure to their order the praise of being something more than merely "eduThe reading of a marriage settlement has been com-cated, respectable, and talented;" but, if these "angels" pared to a sojourn in the cave of Trophonius; but we defy even those who have just undergone the discipline to argue that the words we have inclosed within brackets are of any earthly use, and keep their gravity. By casting the draft into a different form, it might be still further shortened; thus "This indenture, made &c., witnesseth, that, in consideration of a marriage intended between the said A. B. and C. B., and of the portion of £- paid by the said B. B. to the said A. B., the said A. A. grants unto the said C. C. and C. E., and their heirs, all &c., with their actual and reputed appurtenants, and all the interest of the said A. A. therein; to hold the said hereditaments unto the said C. C. and C. E., and their heirs. To the use," &c. of the law decline to tread the field of innovation, they will have to look on and weep, while "fools" rush in, and do the work in a very different fashion. MEMBERS RETURNED TO SERVE IN PARLIAMENT.— Daniel O'Connell, jun., Esq., for the borough of Dundalk, in the room of Thomas Nicholas Redington, Esq., who has accepted the office of Under Secretary to the Lord Lieutenant of Ireland: The Right Hon. Lord Robert Grosvenor, Treasurer of her Majesty's Household, re-elected for the city of Chester; Benjamin Bond Cabbell, Esq., for the borough of St. Alban's, in the room of the Right Hon. William, Earl of Listowell, who has accepted the office of one of the Lords in Wait So much for verbosity. As a specimen of "bar-ing on her Majesty. |