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Kent, at Sevenoaks.-Mary Wood, Churcham, near Gloucester, single woman, June 21 at 10, County Court of Gloucestershire, at Gloucester.-Edward Owlett, Minster, Isle of Sheppy, Kent, licensed victualler, June 21 at 10, County Court of Kent, at Sheerness.- Wm. Smith, Kildwick, Yorkshire, grocer, June 25 at 10, County Court of Yorkshire, at Skipton.-Thomas Lunt, Corwen, Merionethshire, grocer, June 17 at 11, County Court of Merionethshire, at Corwen. The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute :

June 23 at 11, before the CHIEF COMMISSIONER. Prince Symes, Harrington-street North, Edward-street, Hampstead-road, Middlesex, out of business.

June 23 at 10, before Mr. Commissioner LAW. Julius Berenburg, Bunhill-row, Chiswell-st., Middlesex, interpreter of languages.-Charles Ward Marshall, Bloomsbury-square, Middlesex, vocalist.

Saturday, June 5.

Assignees have been appointed in the following Cases. Further particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

James King, Hanway-street, Oxford-street, Middlesex, hair cutter, No. 62,890 T.; Wm. Smith the younger, assignee.H. Stephenson Smith, Manchester, trunk maker, No. 75,018 C.; John Home, assignee.

Saturday, June 5. Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons:—

(On their own Petitions).

Wm. W. Motley, Denbigh-place, Belgrave-road, Pimlico, Middlesex, butcher; in the Debtors Prison for London and Middlesex.-Robert Collinson, Newman-street, Oxford-street, Middlesex, upholsterer: in the Debtors Prison for London and Middlesex.-Wm. Udell, Skinner-st., Bishopsgate-st., London, cabinet maker: in the Debtors Prison for London and Middlesex.-Lewis Levy, Smith-street, Mile-end-road, Middlesex, picture dealer: in the Queen's Prison.-W. Dyer, Belle-vue-place, Cleveland-street, Mile-end-road, Middlesex, Custom-house agent: in the Debtors Prison for London and Middlesex.-George Church, Sherbutt-cottage, Sherbutt-st., Poplar, Middlesex, ship caulker: in the Debtors Prison for

The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute :

June 22 at 11, before the CHIEF COMMISSIONER. James Fisher, Winchester-st., Pentonville-hill, Middlesex, dlesex, grainer. commission agent.-Wm. Rule, Chiswell-st., Finsbury, Mid

June 23 at 10, before Mr. Commissioner Law. William C. Lloyd, Monte Video-cottages, Kentish-town, Middlesex, town traveller.-Thomas Collins, Cursitor-street, Chancery-lane, Middlesex, out of business.-W. I. Rawlings, Williams-terrace, Lower-road, Rotherhithe, Surrey, auctioneer. -Richard Hutchens, Park-road, Clapham-road, Surrey, saddler.-Charles Rowse, Crawford-st., Marylebone, Middlesex, coffee-house keeper.

June 24 at 11, before Mr. Commissioner Phillips.

C. Sewell, Belgrave-terrace, Pimlico, Middlesex, builder. -Francis Swanwick, Commerce-place, Brixton-road, Surrey, chemist.

The following Prisoners are ordered to be brought up before
a Judge of the County Court, to be examined and dealt
with according to the Statute :-

At the County Court of Warwickshire, at COVENTRY,
June 21 at 12.

Wm. Smith, Birmingham, pearl button maker.
At the County Court of Somersetshire, at TAUNTON,

June 24.

Robert Gifford, Bath, baker.-John Richards, Backwell, farmer.

The Queen has been pleased to appoint Abraham Boyd Fenton, Esq., to be Queen's Advocate and Police Magistrate for her Majesty's settlements in the River Gambia.

MASTER IN CHANCERY.-The Lord Chancellor has
appointed James Southern, of Altrincham, Cheshire,
Gent., to be a Master Extraordinary in the High
Court of Chancery.

In the list of Gentlemen called to the Bar by the
Hon. Society of Lincoln's Inn, ante, p. 156,
"Francis
Ottiwell, Esq.," should have been "Francis Ottiwell
Adams, Esq.'

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WESTERN LIFE ASSURANCE and ANNUITY SO

CIETY, 3, Parliament-street, London. Instituted A. D. 1842.
BANKERS.-Messrs. Cocks, Biddulph, & Co.

This Society grants every variety of Policies on any number of Lives, and to any amount, for which the payments can be made by such arrangements as may be most convenient.

Payments of Premiums may be occasionally suspended without forfeiting the Policy, on a new and valuable plan, adopted by this Society only, as fully detailed in the Prospectus.

Applications for Agencies, Prospectuses, &c., to be made at 3, Parliament-street, London, to A. Scratchley, M. A., Actuary, Author of a Treatise (with Rules and Tables) on

London and Middlesex. George Lapham, Lower-marsh, Lambeth, Surrey, baker: in the Queen's Prison.-Wm. G. Downing, Mill-street, Dockhead, Bermondsey, Surrey, boat builder: in the Queen's Prison.- Thomas Howard, Noel-st., Islington, Middlesex, coal merchant in the Queen's Prison. -Thomas Collingridge, Aldersgate-st., London, clock maker: in the Debtors Prison for London and Middlesex.-Benjamin Hoyle, Pilkington, near Bury, Lancashire, dyer in the Gaol of Lancaster.-James Peak, Pilkington, near Bury, Lancashire, dyer in the Gaol of Lancaster.-Robert Laver, Weymouth and Melcombe Regis, Dorsetshire, farmer: in the Gaol of Dorchester.-Joseph Atkinson, Kingston-upon-Hull, sloop owner: in the Gaol of Kingston-upon-Hull.-R. Gifford, Bath, baker : in the Gaol of Wilton.-John Rathbone, Hulme, EQUITY and LAW LIFE ASSURANCE SOCIETY,

1. Benefit Building Societies.
2. Freehold Land Societies.

3. Tontine Associations.

4. Savings Banks and Deposit Life Assurance.

5. Emigration Societies under the new Act, &c.

No. 26, Lincoln's-inn-fields, London.

Policies in this Office are indisputable, except in cases of fraud. "Free Policies" are issued at a small increased rate of Premium, which remain in force although the Life assured may go to any part of the world.

Parties assuring within Six Months of their last Birthday are allowed a proportionate diminution in the Premium.

The Tables are especially favourable to young and middle-aged Lives, and the limits allowed to the Assured, without extra charge, are unusually extensive.

Manchester, soap boiler: in the Gaol of Lancaster.-Edward
Evans, Salford, Lancashire, licensed retailer of beer in the
Gaol of Lancaster.-Philip Harper, Liverpool, agent for the
sale of potatoes: in the Gaol of Lancaster.-John R. Corker,
Hunslet, near Leeds, Yorkshire, bookkeeper: in the Gaol of
York. Wm. Smith, Birmingham, retail brewer: in the Gaol
of Coventry.-George M. Cowley, Nottingham, attorney-at-
law in the Gaol of Nottingham.-Richard Fox, Coningsby,
Lincolnshire, manager to a farmer: in the Gaol of Lincoln.-
Abel S. Jones, Glebeland, Merthyr Tydvil, Glamorganshire, Premiums paid.
grocer in the Gaol of Cardiff.-Enoch Williams, Bleak
Heath, Rowley Regis, Staffordshire, tailor: in the Gaol of
Stafford.-John F. Smith, Kingston-upon-Hull, plumber : in

:

the Gaol of Kingston-upon-Hull.-John Daniel Haslewood, Vicarage, Boughton, Monchelsea, Kent, clerk: in the Gaol of Maidstone.-Anthony Hoggard, York, out of business: in the Gaol of York.-Richard Baker, Birmingham, manufacturer of umbrella furniture: in the Gaol of Coventry.

Eighty per Cent. of the Profits are divided at the end of every Five Years among the Assured. At the first division, to the end of 1849, the addition to the amount assured averaged above 501. per Cent, on the

The usual Commission allowed.

LOANS IN CONNEXION With life aSSURANCE.

PELICAN LIFE INSURANCE COMPANY.

Established in 1797.

NOTICE.-The Directors are prepared to receive PROPOSALS for LOANS on APPROVED SECURITY, in sums of not less than £500, coupled with one or more Policies of Insurance to be effected in the Pelican Office. Applications to be made to the Secretary, at the Chief Office of the Company, No. 70, Lombard-street.

Just published, in 1 vol. 12mo., price 12s. cloth boards,

A TREATISE on the LAW of MASTER and SERVANT, WARREN'S LAW of ELECTIONS.-Messrs. Butter

including therein Masters and Workmen in every description of Trade and Occupation; with an Appendix of Statutes. By CHARLES MANLEY SMITH, of the Middle Temple, Special Pleader. "Masters, give unto your servants that which is just and equal; knowing that ye also have a Master in Heaven."-Col. iv. 1.

"Servants, obey in all things your masters according to the flesh; not with eye-service, as men-pleasers; but in singleness of heart, fearing God."-Col. iii. 22.

"Servi sunt, imo homines: servi sunt, imo contubernales: servi sunt, imo humiles amici: servi sunt, imo conservi."-Senec. Ep. xlvii.

WORTH beg to announce, that they have in the press, ready for publication-as soon as the pending Bills affecting Election Law shall have received the assent of the Legislature-a Comprehensive and Practical Work on a new plan, specially adapted for ready reference, entitled, A MANUAL of the PARLIAMENTARY ELECTION LAW of the UNITED KINGDOM. By SAMUEL WARREN, Esq., F. R. S., one of Her Majesty's Counsel.

London: Butterworths, Law Booksellers and Publishers, 7, Fleet-street.

NEMO SIBI VIVAT.

DISEASED, DECLINED, AND HEALTHY LIVES ASSUred.

London: S. Sweet, 1, Chancery-lane, Fleet-street, Law Bookseller and MEDICAL, LEGAL, and GENERAL MUTUAL LIFE

Publisher.

HEADLAM'S TRUSTEE ACT, 1850.-SECOND EDITION.

Just published,

ASSURANCE SOCIETY, 126, Strand.
Established in 1846.

TRUSTEES.

James Copland, M. D., F. R. S. The Right Hon. the Master of the

THE TRUSTEE ACT, 1850, with an Introduction, Notes, John Billingsley Parry, Esq., Q.C.

and an Index. By T. E. HEADLAM, Esq., M.P., one of her Majesty's Counsel. Second Edition, with the Cases decided upon the Act to the present time. To which are added the TRUSTEE RELIEF ACTS, with the GENERAL ORDERS and CASES.

A

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

SUPPLEMENT TO CHITTY'S BURN'S JUSTICE.
This day is published, in 1 thick vol. 8vo., price 17. 8s. cloth boards,
SUPPLEMENT to the 29th Edition of CHITTY'S
BURN'S JUSTICE of the PEACE and PARISH OFFICER;
containing all the Cases and Statutes to the present Time. By EDWARD
WISE, Esq., of the Middle Temple, Barrister at Law.

The complete Work, with the Supplement, in 7 volumes, will be 71. 10s. in cloth boards.

London: S. Sweet, 1, Chancery-lane; W. Maxwell, 32, and V. & R. Stevens & G. S. Norton, 26, Bell-yard, Lincoln's-inn. Webb & Hunt, Castle-street, Liverpool.

ECHI'S RAZORS, STROP, and PASTE for 118.

ME

4, LEADENHALL-STREET, LONDON.-Pair of Razors, 7s.; Strop, 3s. Cd.; Paste, 6d. The Razors warranted, or exchanged if not approved. Those who find shaving painful and difficult will do well to try the above, it being well known that MECHI has been eminently successful in rendering shaving an easy operation. Superior Shaving Brushes, Naples Soap, and every article of first-rate quality for the Toilet. CAUTION.-Do not buy any Strop as genuine unless MECHI'S name is on it, there being so many counterfeits. Elegant Case of Razors for Presents, from 25s. to 10 guineas. Ivory-handled and Scotch Strops.

LONDON AND PROVINCIAL LAW ASSURANCE

SOCIETY,

No. 32, NEW BRIDGE-STREET, BLACKFRIARS, LONDON.
Capital £1,000,000.

DIRECTORS.

ASHLEY, The Hon. ANTHONY JOHN, Lincoln's Inn.
BACON, JAMES, Esq., Q. C., Lincoln's Inn.
BELL, WILLIAM, Esq., Bow Churchyard.
BENNETT, ROWLAND NEVITT, Esq., Lincoln's Inn.
BLOXAM, CHARLES JOHN, Esq., Lincoln's-inn-fields.

BOWER, GEORGE, Esq., Tokenhouse-yard.

BUTT, GEORGE M., Esq., Q. C., Temple.
CHOLMELEY, STEPHEN, Esq., Lincoln's Inn.
CLARK, JOHN, Esq., Sessions House, London.
EYRE, WALPOLE, Esq., Bryanstone-square.

FANE, WILLIAM DASHWOOD, Esq., Lincoln's Inn.
FISHER, HORATIO NELSON, Esq., Fenchurch-street.
FREEMAN, LUKE, Esq., Coleman-street.
GASELEE, Mr. SERJEANT, Serjeants' Inn.
HOPE, JAMES ROBERT, Esq., Q. C., Temple.

HUGHES, HENRY, Esq., Clement's Inn.

JAY, SAMUEL, Esq., Lincoln's Inn.

JONES, JOHN OLIVER, Esq., 4, Upper Bedford-place.

LAKE, HENRY, Esq., Lincoln's Inn.

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TURNER, FRANCIS, Esq., Lincoln's Inn.

REEVE, PHILIP, Esq., Lincoln's Inn.

TYRRELL, TIMOTHY, Esq., Guildhall.

VIZARD, WILLIAM, Esq., 61, Lincoln's-inn-fields.

WHITE, THOMAS, Esq., Bedford-row.

WOODROOFFE, WILLIAM, Esq., Lincoln's Inn.

WROTTESLEY, The Hon. WALTER, Lincoln's Inn.

PHYSICIAN.-H. PITMAN, M. D., Montague-place.
SOLICITORS.

H. D. WARTER, Esq., Carey-street, Lincoln's Inn.
ROBERT CURLING, Esq., Frederick's-place, Old Jewry.
BONUS.-Policies effected (on the Profits' Scale) prior to the 31st
December, 1853, will participate in FOUR-FIFTHS of the PROFITS, to
be declared at the close of the year 1855, and appropriated by addition
to the Policy, reduction of Premium, or Payment in Cash, as the Assured
may desire.

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J. B. Parry, Esq., Q.C., Lincoln's-inn, (Chairman).
*G. H. Barlow, M. D.. Guy's Hospital.

D. Cornthwaite, Esq.. Old Jewry Chambers.

*F. J. Farre, M. D., F. L. S., St. Bartholomew's Hospital. T. W. Greene, Esq., Lincoln's-inn.

Richard Jebb, Esq., Lincoln's-inn.

*J. C. W. Lever, M. D., Guy's Hospital.

W. J. Little, M. D., London Hospital.

J. Parrott, Esq., Clapham-common.

*R. Partridge, Esq., F. R. S., King's College Hospital. *R. Quain, Esq., F. R. S., University College Hospital. R. Smith, Esq., Endsleigh-street.

F. T. White, Esq., Lincoln's-inn.

J. H. Whiteway, Esq., Lincoln's-inn-fields.

AUDITORS.

John Brown, Esq., Surgeon, Hammersmith.
G. Carew, Esq., Solicitor, Lincoln's-inn-fields.

F. W. Remnant, Esq., Solicitor, Lincoln's-inn-fields.
E. Ray, Esq.. Surgeon, Dulwich.
BANKERS.-Messrs. Praed, Fane, Praed, & Johnston, 189, Fleet-street.
STANDING COUNSEL.

T. W. Greene, Esq., 9, New-square, Lincoln's-inn.
SOLICITORS.-Messrs. Pooley, Beisley, & Read, 1, Lincoln's-inn-fields.
SECRETARY.-Frederick J. Bigg, Esq., 126, Strand.

The Directors marked with an asterisk are the Medical Examiners of the Society, one of whom is always in attendance on Mondays at three o'clock, and on Thursdays at four o'clock.

POLICIES NEVER DISPUTED in the absence of wilful fraud. They are a sure and safe provision for settlements, renewal of leases, security for debts, &c.

ENTIRE NET PROFITS divisible among the Assured Members.
POLICY STAMPS may be COMMUTED by a small annual payment.
MEDICAL PRACTITIONERS PAID by the Office for every case referred
to them for their professional opinion.

Every form of assurance at moderate rates.
Prospectuses, &c. will be forwarded free on application to
FREDERICK J. BIGG, Secretary.
N.B.-Loans granted.

126, Strand.

STOCK OF LAW BOOKS, COPYRIGHT, SHOP AND COUNTING
HOUSE FITTINGS, &c.
MR. HODGSON will SELL by AUCTION, on the Premises, No. 67,
Chancery-lane, near Holborn, on THURSDAY next, June 17, at
Twelve o'clock precisely,

THE ENTIRE STOCK of LAW BOOKS of Messrs.

SPETTIGUE & FARRANCE, Law Booksellers and Publishers, Bankrupts, (by order of the Assignees), including the Lawyer's Companion and Remembrancer, with 16 sheets of type, 2 sheets of Stereotype Plates, and the Copyright, and 127 Reams of Fine Post and Double Crown Paper for ditto: 30 Clark & Finnelly's Reports of Appeal Cases, 2 vols., and vol. 3, part 1; 34 Stewart's Blackstone, 4 vols.; 11 Phillipps & Arnold on Evidence, 2 vols.; 870 Browell's Real Property Statutes; 200 County Court Reports; 760 Law Student's Question Book; 270 Goldsmith's English Bar; 764 Hand Book of Precedents in Conveyancing; 220 Kendall's Bankruptcy and Insolvency Practice; 350 Lawes's Common Law Rules and Orders: 78 Prideaux on Judg ments; 770 Wharton's Conveyancing; 360 Wharton's Articled Clerk's Manual; 95 Wharton's Law Lexicon; a Collection of Law and Equity Reports, and Modern Treatises and Books of Practice, bound and in boards.

The SHOP and COUNTING-HOUSE FURNITURE and FITTINGS comprise ranges of neat Wainscot Bookshelves, 9 feet 3 Mahogany Winged Bookcase; Patent Wrought Iron Fire-proof Safe, by Mordan & Co.; Mahogany Library Table; Counting-house Desks, Gas Fittings, &c.

To be viewed; Catalogues had of H. H. Cannan, Esq., Official Assignee, 18, Aldermanbury; Thomas Kennedy, Esq., Solicitor, 100, Chancery-lane; at the place of sale; and at Mr. Hodgson's Offices, 192, Fleet-street.

Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY-LANE, or to STEVENS & NORTON, 26 and 39, BELL-YARD, LINCOLN'S-INN, 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 HENRY HANSARD, PRINTER, residing at No. 14, Park Square, Regent's Park, in the Parish of St. Marylebone, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County 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. 41, Great Coram Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex.-Saturday, June 12, 1852.

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THE "Common-law Procedure Bill, 1852," would have delighted the public and startled the Profession some ten years ago, but now, as in the case of all reforms which have been deferred for too long a period, complaints are heard on every side that it does not go far enough. What innovators we have become since the month of August, 1846, only six years since, when the first County Court Act became the law of the land!

Even since the appointment of the Commissioners upon whose Report this bill is founded, the legal mind has been moving rapidly onward from change to change; and we do not doubt but that if suggestions were now to be made in answer to queries of the Commissioners they would be of a much more sweeping character than they were at the period when they were offered. It cannot be denied, that driven by feeling and forcible arguments, which appeal not only to our interest, but to our very existence as a Profession, we are all become radical reformers. We turn aside with disgust from those whom we once regarded as benefactors, but who have proved to be our bitterest enemies; the friend who was put into a vacant possession for the purpose of being turned out is no longer our friend; John Doe and Richard Roe are hateful in our sight; who shall now say of them

"Hail, happy pair! the glory and the boast,
The strength and bulwark of the legal host;

PRICE 18.

VICE-CHANCELLOR PARKER'S COURT-(continued): Ex parte Greenshields, re The Liverpool Marine Assurance Company, and re The Joint-stock Companies Winding-up Acts 1848 and 1849.-(Bankrupt Contributory-Liability after Bankruptcy).. 517 EXCHEQUER CHAMBER.

Henderson v. Eason.-(Action of Account-Stat. 4 Ann. c. 16, s. 27-Tenant in common-Receiving more than just Share)....

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COURT OF QUEEN'S BENCH. Reg. v. Leith, Secretary of the London and Westminster Steam-boat Company.-(Lighting and Paving Rate-Rateable Property-Floating Pier-Form of Rate-Rating twice) Reg. v. J. T. Ingham, Esq.-(7 & 8 Vict. c. 84, 8. 5Metropolis Building Act-Projections over Highway-Jurisdiction-57 Geo. 3, c. xxix-Metropolis Paving Act).

Morville v. Great Northern Railway Company.-(Appeal from County Court).-(Carriers Act, 7 Geo. 4 &1 Will. 4, c. 68-Railway Company-Limitation of Liability)

BAIL COURT.

....

518

522

526

528

Small v. Batho.-(Qualifying Witnesses-Costs) 529
COURT OF COMMON PLEAS.
Goodacre.-(Will-Annuity-Whether as-

Arden v. signable Gift over).

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529

While writs shall last and usury shall thrive,
Your name, your honour, and your praise shall live.
Jailors shall smile, and with bumbailiffs raise
Their iron voices to record your praise,
Whom law united, nor the grave can sever;
All hail! John Doe and Richard Roe for ever!"
Pleader's Guide, part 1, s. 8.

The pleasing fictions in which we once indulged, like all illusions of a hopeful age, are discarded for the stern realities by which we are pressed on every side. Who can peruse with patience the decisions of our Courts, imbued with the spirit of super-subtle pleading, now that the new light has broken upon us, and we feel that to such decisions our present extremities are owing?

We agree with those who think that the Commonlaw Procedure Bill, although effecting great improvements, will not satisfy the present demands which are made for the simplest, least expensive, and most speedy administration of justice. It is true that there will be no more writs of distringas, judgments as in case of a nonsuit, rules to compute, or signature of counsel to pleadings; special demurrers, express colour, and absque hocs will be abolished; profert and oyer will be at an end; needless and fictitious averments will be omitted; formal defects and all variances will be amendable; and a non-joinder or misjoinder of parties will not be

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SPAPER

there is also a clause, which we should like to see adopted here, viz. that in pleading a private statute, it shall be sufficient to refer to it by its title and time of passing, and the Court shall then take judicial notice thereof.

The system of our transatlantic brethren is certainly more simple than our own will be, even under the new measure which we have been considering; it has been adopted by six States in addition to that of New York; and after four years' trial, its results appear to be satisfactory to the judges and bar, as well as to the public of the United States.

Probably our next commission will have powers to inquire into the expediency of amalgamating law and equity, of increasing the number of assizes, and of further simplifying the process, practice, and pleading of the superior courts.

ground of nonsuit. Questions of fact or law will be raised by consent without pleadings; in some cases judgment will be obtained upon the writ of summons alone; notice of trial and the time for pleading will be rendered uniform; the jury process, and proceedings in ejectment, in outlawry, in saving the Statute of Limitations, in scire facias, and in error, will be simplified. These, together with the abolition of Court fees, provided for by another bill, will be great reforms in the law; but there is too much of the old system of special pleading suffered to remain, and no provision is made, perhaps none could be made under the terms of the commission, for the more frequent administration of justice by the judges of the superior courts throughout the country. For this latter purpose we think four circuits in the year will be found to be necessary; it may be found sufficient for one judge to go each circuit; and quarter sessions should either be held just before these quarterly assizes, or be altogether superseded by them." We are inclined to think that under this new bill there will be almost as much special pleading, with its old vices, as ever. If the forms in the schedule be adopted, declarations will be materially shortened, and indeed rendered as simple as they can be; but defendants will be allowed not only to plead several matters to the same cause of action, but to plead and demur thereto; the plaintiff will be permitted to reply several matters to the same plea, (instead of being confined to one replication, as heretofore), and to new assign, but only The general rule, that a conveyance of the whole one new assignment will be allowed in respect of one estate for a partial purpose revoked a devise, was subcause of action, and the parties may then rejoin, surre-ject to a single exception at law, namely, where the join, rebut, and surre but several matters to each subsequent pleading. A general form of replication, however, is to be permitted, and that, no doubt, will very often be adopted. General demurrers, motions in arrest of judgment, and for judgment non obstante veredicto, are to remain, but the two latter proceedings will be stripped of much of their injurious character.

We cannot help thinking, that by abolishing the old system of pleading altogether, and framing a new and more simple plan, divested of associations of the past, and free from its reproaches, more satisfactory results would be attained. On turning to the New York code, which abolishes not only forms of actions, but also (as in Scotland) distinctions between actions at law and suits in equity, and creates one tribunal for the administration of both, we find that the action is to commence with a plaint concisely stating the cause of action, and that the only pleading on the part of a defendant is to be an answer or a demurrer. The former may contain as many defences as the defendant has, and the plaintiff may deny it generally or specifically, or he may demur to it; but whatever course he adopts, no further pleading is to be allowed, except a demurrer to the replication, if it be bad on the face of it. Upon any demurrer being pleaded, the other side may amend without payment of costs. All pleadings are to be in concise and ordinary language, without repetition, and they are to be liberally construed, so as to do justice between the parties. Provisions are then made for particulars and amendments, for striking out superfluous averments, for pleading performance of conditions precedent generally, as in our Common-law Procedure Bill; and

Then, and not till then, we may begin to talk of finality" in law reform, and to congratulate the few members of the legal body who shall have outlived the present crisis, upon having at length obtained a locus standi in their Profession.

CONSTRUCTIVE REVOCATION OF DEVISE
OF AN EQUITY OF REDEMPTION BY
TAKING A RECONVEYANCE TO USES TO
BAR DOWER.

(Continued from p. 191).

object was partition. A conveyance by way of partishare, even at law. (Luther v. Kirkby, 8 Vin. Ab. 148, pl. 30; Risley v. Baltinglass, T. Raym. 240). This exception gave rise to the case of Tickner v. Tickner, which it is important to understand, because it has been cited and followed as an authority in cases with which it had nothing in common.

tion was no revocation of a devise of the undivided

In Tickner v. Tickner (cit. 3 Atk. 742; S. C., nom. Titner v. Titner, cit. 1 Wils. 309) it was held at law, in an action of ejectment, that a partition between co-parceners, by which the allotment of one was limited "to the use of him, R. T., and such other person or persons, for such estate and estates, as he should by deed or will him in fee," was a revocation of a devise of R. T.'s unappoint, and in default of appointment, to the use of divided share. This has been strangely treated as an authority in cases where the testator had merely an equitable title at the date of his will. Notwithstanding the doubts of Heath and Buller, JJ., in Cave v. Holford, (3 Ves. 657, 661), it is clear, that Tickner v. Tickner proceeded on the ground of the special limitation of the use, and was not intended to overrule Luther v. Kirkby, (see 10 Ves. 249, 264).

With Tickner v. Tickner is frequently cited Kenyon V. Sutton, of which we have only the short statement given by Lord Alvanley in Williams v. Owens, (2 Ves. Jun. 601). It was a case decided by Sir R. P. Arden and Mr. Justice Barrington, on the Welsh circuit-whether at law or in equity does not appear, but it is frequently cited as a decision at the Rolls. The testator, after devising the estate in question, conveyed it in trust for payment of debts mentioned in a schedule, and directed the trustees, after payment of the debts, to convey to such uses as he should by deed or will appoint, and in default of appointment, to himself in fee. Lord Alvanley says it was almost exactly the same as Tickner v. Tickner, and that he acquiesced in it with great reluctance. From this it would seem to have been a case

at law. But in Tickner v. Tickner the legal estate was limited back to the testator, with a superadded power of appointment; while in Kenyon v. Sutton there was an absolute ademption of the legal estate, and it does not clearly appear that the equitable title was in question; in fact, it is impossible to say what was the point decided in that case. The devise was clearly revoked at law, and if it was held that it was also revoked in equity, then this decision on the Welsh circuit has been overruled by Temple v. Chandos (3 Ves. 686) and Brain v. Brain, (6 Mad. 221), stated infra; and see Lord Cottenham's observations on Brain v. Brain in Bullen v. Fletcher, (2 My. & C. 421), stated infra.

In equity the principal exceptions allowed to the general rule, that a conveyance of the fee for a limited purpose effected an absolute revocation, were the cases of a partition, and of a mortgage (even to the devisee, Baxter v. Dyer, 5 Ves. 656) or conveyance in trust to sell for payment of debts. According to the case of Williams v. Owens, (2 Ves. jun. 595), a conveyance in pursuance of marriage articles, under which the settlor was entitled to an ultimate reversion in fee, did not revoke an intermediate devise of such reversion; and that decision has never been overruled, though it was questioned by Lord Eldon in Harmood v. Oglander, (8 Ves. 127), on the very insufficient ground that the settlor could not be a trustee for himself. Mr. Jarman says that Sir R. P. Arden (who decided Williams v. Owens) "entertained the notion that the articles imposed on the covenantor an obligation to convey the fee, which fully accounts for, and had it been correct would have justified, the conclusion at which he arrived." It was correct. The covenant was to convey to trustees to uses in strict settlement, which could not be done without conveying the fee. Brydges v. Chandos, (2 Ves. jun. 417; 7 Bro. P. C. 382), so far from being, as it has been said to be, inconsistent with Williams v. Owens, confirms it, for it was assumed, in the discussion of that case, that if the articles had been strictly followed in the conveyance, there would have been no revocation. (See 6 Ves. 218).

Cave v. Holford (2 Ves. jun. 604, note; 3 Ves. 650) is no authority for the proposition that a settlement, in pursuance of articles, is a revocation in equity of an intermediate devise of the reversion in fee. There was, indeed, a dictum by the Lord Chancellor to that effect; but not only was the settlement not in accordance with the articles, but it was also made before the marriage; the parties were competent to vary their contract, and that was the expressed ground of the decision.

On the other hand, if the testator, having merely an equitable interest when he makes his will, afterwards acquires the legal estate, that alteration of his estate is no revocation of the devise of the equity, unless the conveyance effects some purpose beyond that of merely clothing the equitable title with the legal estate; and a conveyance of the fee or of an attendant term to a trustee for the testator is equally inoperative as a revocation. (Perry v. Phelps, 1 Ves. jun. 255; Barton v. Croxall, i L. J., O. S., Ch., 188). So, a renewal of a lease for lives, renewable for ever, is no revocation of a devise of the property. (Poole v. Coates, 2 Dru. & W. 493).

(To be continued).

MASTER IN CHANCERY.-The Lord Chancellor has appointed William Harrison Peacock, of Barnsley, in the West Riding of Yorkshire, Gent., to be a Master Extraordinary in the High Court of Chancery.

MEMBER RETURNED TO SERVE IN PARLIAMENT.-The Hon. William Drogo Montagu, commonly called Viscount Mandeville, for the county of Huntingdon, in the room of George Thornhill, Esq., deceased.

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The following Gentlemen have been called to the deof Barrister at Law:gree

LINCOLN'S INN.-William Williamson Kerr, Esq., M. A.; Edward Goodall Stewart Griffiths, Esq.; Wil liam Stigant, Esq., B. A.; James George Lawson, Esq.; George Long, jun., Esq.; Francis Housman, Esq.; Richard Pearce Rosier, Esq.; Edward Brooksbank, Esq., LL.B.; Thomas Woodbine Hinchliff, Esq., M. A.; William Dundas, Esq., M. A.

INNER TEMPLE.-Arthur Dyott Thompson, Esq., M. A.; James Lennox Hannay, Esq., M. A.; Frederick Dumergue, Esq., B. A.; Edward Yates, Esq., B. A.; John Richard Fowler, Esq., B. A.; Edward Thornton, Esq., B. A.; Cecil Smith, Esq., B. A.; Arthur George Macpherson, Esq.; David Kitcat, Esq., B. A.; Edward Carthew, Esq.; James Holy Fernley, Esq.; Joseph Holdsworth Fernley, Esq.; Samuel Wordsworth Barber, Esq.; George William Latham, Esq., M. A.; John Foster Gresham, Esq., B. A.; Edmund Powell, Esq., M. A.; George Samuel Fereday Smith, Esq., M. A.; Eugene Sherwood, Esq.; Joseph Beaumont, Esq.; Henry Charles Lopes, Esq., B.A.; John Elliot Boileau, Esq., B. A.; The Hon. Edwin Berkeley Portman.

MIDDLE TEMPLE.-John Digby, Esq.; Weston Joseph Sparkes, Esq.; Thomas Wilson Barnes, Esq., M. A., Trin. Coll., Dub.; Richard Doddridge Blackmore, Esq., M. A., Exeter Coll., Oxf.; Henry Charles Butler, Esq., M. A., Queen's Coll., Oxf.; Horace Lloyd, Esq., B.A., Caius Coll., Cam.; William Palmer Hale, Esq., B. A., Trin. Hall, Cam.; The Hon. James Master Owen Byng; David M'Lachlan, Esq., M. A., Glasgow Univ.; John Smith Esq.; Hans Stuart Hawthorne, Esq.

GRAY'S INN.-Morgan John O'Connell, Esq.; William Irving Hare, Esq.; James Sheil, Esq.; Charles James Coleman, Esq.; Henry Williams, Esq.

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