No. 54, NEW SERIES.-Vol. II. No. 993, OLD SERIES.-Vol. XX. CITY OFFICE LONDON AND WESTMINSTER DIRECTORS. THE RIGHT HON. THE LORD MAYOR. HENRY BOSANQUET, Esq. BANK. GENERAL MANAGER.-JAMES WILLIAM GILBART, F. R. S. Current Accounts are received on the same principles as those observed by the London Bankers. No Christmas Boxes or other gratuities are allowed to be taken by the Officers of the Bank. The Bank also takes the Agency of Joint-stock Banks, Private Bankers, and other parties residing at a distance. Cheques on Penny Stamps may be drawn from any place in the United Kingdom. Strong Rooms are provided for the security of Deeds and other property lodged by the Customers of the Bank. Sums from 101. to 10001. are received on Deposit, at a rate of interest to be fixed at the time, and they are repayable upon demand, without notice. If withdrawn within a month no interest is allowed. Sums of 10002. and upwards are also received on Deposit Receipts, upon such terms as may be agreed upon, with regard to the rate of interest, and the time of repayment. Parties may lodge money upon an Interest Account who have no Current Account, and those who have Current Accounts may transfer any portion of their Balance to an interest Account. The Rate of Interest allowed at present on Deposits of 5004. and upwards is Five per Cent. . London, Nov. 9, 1855. J. W. GILBART, General Manager. The Dividend for the past Half Year, at the rate of Six per Cent. per Annum, and a Bonus of Five per Cent. on the paid-up Capital of the Bank, (free of Income Tax), will be payable on Monday next, the 21st instant. AS BARRISTER'S CLERK.-WANTED, by a respect able young Man, who has been for some years with a Barrister, a SITUATION as CLERK. Respectable references can be given. Address, A. B., Messrs. Davis & Son, 57, Carey-street, Lincoln's-inn. LAW-A Gentleman, admitted, and fully competent to manage Conveyancing Business without assistance, or to take the general management of an Office under the Principal, wishes for an ENGAGEMENT. Address, F. G. W., care of Messrs. Lewis, Wood, & Street, 6, Raymond-buildings, Gray's-inn. CHITTY'S ARCHBOLD'S QUEEN'S BENCH PRACTICE. ARCHBOLD'S (J. F.) PRACTICE of the COURT of QUEEN'S BENCH in PERSONAL ACTIONS and EJECTMENT, including the Practice of the Courts of Common Pleas and Exchequer. By THOMAS CHITTY, Esq. The Ninth Edition. By SAMUEL PRENTICE, Esq., Barrister at Law. In two thick vols. royal 12mo., price 21. 8s. cloth boards. London: H. Sweet, 3; Chancery-lane; V. & R. Stevens & G. S. Norton, 26, Bell-yard. The Publishers beg to inform the Profession that Vol. 2 can be had, to complete sets, in two or three days. TH THE NEWS OF THE WORLD.-Price 2d. unstamped; 3d. stamped for Post.-The cheapest, largest, best, and most widely-circulated Newspaper in the World. Sale, 155,000 Copies Weekly, offering immense advantages to Advertisers. Printed in a new and splendid Type. Office, 19, Exeter-street, Strand. EQUITABLE REVERSIONARY INTEREST SO CIETY, 10, Lancaster-place, Strand.-Persons desirous of DISPOSING of REVERSIONARY PROPERTY, LIFE INTERESTS, and LIFE POLICIES of ASSURANCE may do so at this Office to any extent, and for the full value, without the delay, expense, and uncertainty of an auction. Forms of Proposal may be obtained at the Office as above, and of Mr. Hardy, the Actuary of the Society, London Assurance Corporation, 7, Royal Exchange. JOHN CLAYTON, Joint Secretaries. No. 54, VOL. II., NEW SERIES. 1. On the Pathology and Treatment of Insanity. By Dr. Sutherland, Physician to St. Luke's. 2. On Systematic Warming and Ventilation. By Dr. Huxley, Physician to the Kent County Asylum. 3. On Dysentery in Lunatic Asylums. By F. D. Tyerman, Esq., Medical Superintendent to the Middlesex Asylum at Colney Hatch. 4. On the Asylum at St. Petersburgh. By Dr. Arlidge. 5. St. Luke's Hospital for Lunatics. By Dr. Bucknill, Physician to the Devon County Asylum. 6. Report of a Case of Epilepsy. By Dr. Manley, Physician to the Hants County Asylum. 7. The Diagnosis of Insanity. By Dr. Bucknill. 8. Trial of Robert Handcock for Murder. Plea of Insanity. 9. Changes in the Commission of Lunacy. 10. Professor Laycock's Researches into the Functions of the Brain. REVIEWS. 1. The Seventh Report of the Inspectors of Lunatic Asylums in Ireland. 2. Blood-letting in Mental Disorders. By Dr. Pliny Earle. 3. The Elements of Psychological Medicine. By Dr. Noble. 1. Dreaming, Delirium, and Insanity. A Report and Discussion before Just published, in 1 vol. 8vo., price 18s. cloth, A CONSTITUTIONAL HISTORY of JERSEY. By CHARLES LE QUESNE, Esq., Jurat of the Royal Court, and London: Longman, Brown, Green, & Longmans. BROOM'S COMMENTARIES.-COMMENTARIES on the COMMON LAW, designed as Introductory to its Study. By HERBERT BROOM, M. A., Barrister at Law, Reader in Common Law to the Inns of Court, Author of "A Selection of Legal Maxims," &c. Wm. Maxwell, 32, Bell-yard, Lincoln's-inn, London; J. H. Parker & Son, Oxford; and Deighton, Bell, & Co., Cambridge. GAZETTES.-FRIDAY, Jan. 11. BANKRUPTS. L 1856. 31 at 1, Exeter, aud. ac.; Feb. 6 at 1, div.-James Hood, Selby, Yorkshire, currier, Jan. 24 at 11, Leeds, aud. ac.George Thompson, Knaresborough, Yorkshire, leather seller, Jan. 24 at 11, Leeds, aud. ac.-Henry Knight Furnell and Albert Kahl, Fenchurch-street, insurance brokers, Feb. 1 at Septimus Buxton, Carlisle, Cumberland, and Bradford, Yorkshire, woolstaplers, Feb. 1 at 11, London, div. joint est., and div. sep. ests. of W. Buxton and S. S. Buxton.—James Barney, Addle-street, Wood-street, warehouseman, Feb. 1 at 12, London, div.-Thomas Gardiner, Paul-street, Finsbury, licensed victualler. Feb. 1 at 12, London, div.-Robert Martin and David Wardlaw Scott, Great St. Helens, London, merchants, Feb. 1 at 11, London, div. sep. est. of D. W. Scott. -Edward Titcomb, Clewer-green, Berkshire, builder, Feb. 1 at half-past 11, London, div.-John Walsh, Liverpool, corn merchant, Feb. 4 at 11, Liverpool, div.-Joseph Proffitt, Oldbury, Worcestershire, grocer, Feb. 1 at 11, Birmingham, div.-Joseph Webb, Scarborough, Yorkshire, hotel keeper, Feb. 1 at 11, Leeds, div.-Richard Kettle, Sheffield, Yorkshire woollendraper, Feb. 2 at 10, Sheffield, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. ROBERT TURNER, Ludgate-hill, London, and Birming- MEETINGS. Wm. H. Burgess, Miles-lane, London, and Clink-street, Southwark, export oilman, Jan. 22 at 12, London, aud. ac.; Jan. 23 at 12, last ex.-Henry Winder, Oxford-street, shawl dealer, Jan. 22 at half-past 12, London, last ex.-James Barlow, Birmingham, brassfounder, Feb. 7 at 11, Birmingham, last ex.-Richard Brierley Fletcher, Shaw Edge, Crompton, Lancashire, cotton spinner, Jan. 24 at 1, Manchester, last ex.-Thomas Heywood and John Heywood, Wood-street, Cheapside, London, and Melbourne, New South Wales, lace warehousemen, Jan. 26 at 11, London, aud. ac.-John Phillips, Wood-street, Clerkenwell, wholesale rag merchant, Jan. 25 at 11, London, aud. ac.-Richard Briant, Murray-street. New North-road, Hoxton, carpenter, Jan. 22 at 12, London, aud. ac.-John Fairbrother, Hertford, brewer, Jan. 23 at 12, London, aud. ac.-William Rich and Robert Hannah, Park-lane, Middlesex, tailors, Jan. 23 at 12, London, aud. ac.-Robert Burns, Liverpool, millwright, Jan. 21 at 11, Liverpool, aud. ac.-Thos. Mellor and Samuel Eason, Liverpool, merchants, Jan. 21 at 11, Liverpool, aud. ac. sep. est. of Thomas Mellor; Feb. 4 at 11, div. joint est., and sep. est. of Thomas Mellor.-Hopkin Eustance, Neath, Glamorganshire, wine merchant, Feb. 28 at 11, Bristol, aud. ac.Stephen Carlton, Darlington, Durham, coach manufacturer, Jan. 25 at half-past 11, Newcastle-upon-Tyne, aud. ac.— Thomas Richardson, Birmingham, penholder manufacturer, Jan. 25 at 11, Birmingham, aud. ac-William Lowe, Birmingham, boot manufacturer, Jan. 25 at 11, Birmingham, aud. ac.-Richard Gribbell and Richard Luscombe, Tavistock, Devonshire, wholesale grocers, Jan. 31 at 1, Exeter, aud. ac. joint est., and sep. est. of Richard Luscombe; and Feb. 6 at 1, div. joint est., and sep. est. of Richard Luscombe.-Benjamin Vickers, Newton Bushell, Devonshire, wine merchant, Jan. 31 at 1, Exeter, aud. ac.; Feb. 6 at 1, div. - Edward Wadge, Linkinhorn, Cornwall, auctioneer, Jan. 31 at 1, Exeter, aud. ac.-Henry Hawken Dyer, Boscastle, Cornwall, grocer, Jan. Francis Putley, Newington-causeway, Surrey, watch maker, Feb. 1 at 12, London.-William Larking, Ipswich, innkeeper, Feb. 1 at half-past 1, London. -John Nevin, Sevenoaks, Kent, ironmonger, Feb. 2 at half-past 11, London.-R. T. Fitchett, Hanover-st., Hanover-square, tailor, Feb. 1 at 12, London.Thomas Lewis, Bath, builder, Feb. 12 at 11, Bristol.-Robert Waddams Street, Weston-super-Mare, Somersetshire, grocer, Feb. 18 at 11, Bristol.-Hopkin Eustance, Neath, Glamorganshire, wine merchant, Feb. 11 at 11, Bristol.-John Winterbottom, Kersley, Lancashire, provision dealer, Feb. 7 at 12, Manchester.-John Jones, Chester, draper, Feb. 4 at 11, Liverpool.-Joseph Stead, Leeds, grocer, Feb. 4 at 12, Leeds. -George Ridge and Thos. Jackson, Sheffield, stationers, Feb. 2 at 10, Sheffield.-W. Ledger, Doncaster, joiner, Feb. 2 at 10, Sheffield. To be granted, unless an Appeal be duly entered. street, Drury-lane, newspaper proprietor.-Thomas Harvey, Joseph Thomas, Catherine-street, Strand, and White Hart. Great St. Helens, money scrivener. · Charles Merit Rigg, Upper Stamford-street, Blackfriars, apothecary.-A. Greenhill, Harrow-on-the-Hill, baker.-Robert Taylor, Watts-terrace, Old Kent-road, Camberwell, baker.-Robert Daniel, Victoria Wharf, Union-place, Pimlico, stone merchant.-Jas. Starkey, Old-street, St. Luke's, builder.-Gustave Louis Longfils, Pilgrim-st., Ludgate-bill, merchant.-G. Hoffman, Park-terrace, Park-road, Clapham, brewer.-Charles Viner, Henry Viner, George Viner, and Joseph John Viner, Brighton, and Cliffe, Lewes, plumbers.-Thomas Salmon, Kettering, Northamptonshire, ironmonger.-Thomas Ainsworth, Over Darwen, Lancashire, power-loom cloth manufacturer. PETITION ANNULLED. George Weatherhead, Newcastle-upon-Tyne, joiner. TUESDAY, Jan. 15. JOHN TODD MERRICK, Chancellor-road, Hammer- EDWIN WINSCOM, Croydon, pianoforte dealer, Jan. 25 GEORGE BROWN and WILLIAM RUSBY, Bankside, [For continuation of Gazette, see p. 23]. 19 A QUESTION has arisen under the Succession Duty Act, 16 & 17 Vict. c. 51, which, though it does not seem to have much attracted the attention of the Profession, appears to be of considerable practical importance. We wish, therefore, to direct to it the attention of the Profession in general, and particularly of our corre- spondents, some of whom may probably be able to throw some light on the subject by their communica- The point is this. Real estate stands limited to A. for life, remainder to B. in fee. A. and B. concur in If this question ought to be answered in the affir- mative, it is apprehended that a purchaser, who, with- out knowing anything of the state of the title, contracts for the purchase of an estate free from incumbrances, must be entitled to insist on having it discharged from this liability at the completion of his purchase. The 41st section of the act provides means for meeting the difficulty arising from the uncertainty of the time at which the duty would be payable, and for discharging By MATTHEW B. BEGBIE, Barrister at Law. Snow v. Booth.-(Annuity-Statute of Limitations).. 37 By G. J. P. SMITH and W. B. BRETT. Barristers at Law. Carlon v. Ireland.-(Crossed cheque-Custom-Lia- bility of party who cashes it-Bona fides-Due By W. PATERSON and W. MILLS, Barristers at Law. Myers v. Willis.-(Ship-Ship's registry-Non-liabi- lity of registered owner for acts of master-Prin- Hackwood v. Lyall.-(Ship- Non-liability of regis Perez v. Oleaga and Paris.-(17 & 18 Vict. c. 125, s. 83 The Clara. (Collision - Ship proceeded against pro- nounced liable for the damage-Right of owner of cargo to participate in the proceeds of the sale of The Caledonia.-(Claim for wages by the master of a however, that the commissioners uniformly decline to We shall proceed shortly to review the clauses of the of some other person, and enacts that the charge of the duty on the succession shall not disqualify the successor from consenting to the exercise of, or exercising, such ground; for in powers of sale and exchange the monies power. But that case stands on a totally distinct are made payable into the hands of trustees, upon trust for re-investment in land to be settled to the same uses; and the Legislature might well consider, that where the money was to come into the hands of disinallowing the land to be discharged, and in transferring the charge, as the act in terms does in that case, to the proceeds of sale and the lands purchased with them. But this reason has no application where the money comes to the hands of the parties beneficially entitled. To hold the land to be discharged in such a case would who chose to sell their estate and divide the proceeds, practically enable any tenant for life and remainderman, to elude the payment of the duty. The general scope of the act appears adverse to allowing alienation to have any effect on the liability of the land to duty, except in the case particularly provided for by the 42nd In this section it does not appear that "beneficially entitled" can be taken to mean " beneficially entitled in possession," for the act speaks of a person becoming be-terested stakeholders, there was no material risk in neficially entitled "either certainly or contingently;' and in the 15th section it speaks of a "succession" becoming vested, by alienation or other derivative title, in another person "before the successor shall have become entitled thereto, or to the income thereof, in possession." It would seem, then, that in the case before us, B.'s remainder in fee is a succession within the meaning of sect. 2, and so an interest "chargeable with duty" under the act, though by virtue of sect. 20 no duty becomes payable until the determination of A.'s life estate. Suppose, now, that B. were to convey his remainder separately to a purchaser. Sect. 15 provides, that "where, after the time appointed for the commencement of this act, any succession shall, before the successor shall have become entitled thereto, or to the income thereof, in possession, have become vested by alienation, or by any title not conferring a new succession in any other person, then the duty payable in respect thereof shall be paid at the same rate and time as the same would have been payable if no such alienation had been made or derivative title created;" and the 44th section, in terms, makes the alienee accountable for the duty. The purchaser, therefore, would stand in B.'s place as to the duty. Suppose, then, that after purchasing B.'s remainder, the purchaser were to purchase A.'s life estate, it is provided by sect. 15, that "where the title to any succession shall be accelerated by the surrender or extinction of any prior interests, then the duty thereon shall be payable at the same time and in the same manner as such duty would have been payable if no such acceleration had taken place." The purchaser, therefore, though now owner in fee, would still stand in the same position as to succession duty on the interest purchased from B. Now, the case before us only differs from the above in the fact, that instead of acquiring the fee-simple in possession under two distinct contracts and two distinct conveyances, the purchaser acquires it under one contract and one conveyance; and there appears to be much difficulty in holding, that, as against the revenue, it can make any difference whether the two owners sell their interests separately, or join in disposing at once of the entire fee, which is made up of those partial interests. We have heard it urged, non constat that the purchase money will not at once be laid out in other land to be settled to the same uses. To this it may be answered, non constat that it will; the tenant for life and remainderman are not bound so to apply it; they can if they choose divide it between them at once, in such shares as they think fit; and if the land is discharged, the revenue has no security, beyond the personal liability of the vendors, for the payment of the duty. The act in terms provides (sect. 42) for the case of a power of sale, exchange, or partition, exerciseable with the consent of a successor, or by a successor with the consent section. It may perhaps be urged, that if the purchase money is re-invested in the purchase of land which is settled to the same uses, this land will be liable to succession duty, and that a double duty will have to be paid, which ought not to be the case, when all that has in effect been done is to substitute one estate for another. To the newly-settled lands may be, it arises from the this it may be answered, that whatever the liability of voluntary act of the tenant for life and remainderman, who were not bound to deal with the purchase money in this way. The case seems to stand on much the same footing as that of a tenant for life and remainderman of a legacy who receive the legacy, less legacy duty, and then employ it in the purchase of an estate, which they settle so as to give the tenant for life of the legacy an estate for life in the land, with remainder in fee to the person entitled to the reversion in the legacy. We apprehend that double duty could rarely become payable in such a way as to produce any gross injustice. Suppose a stranger to settle lands on A. for life, remainder to B. in fee, so that B. would be liable to 107. per cent. succession duty; then A. and B. sell the lands, and invest the purchase money in the purchase of other lands, which are conveyed to the same uses. If the view that the original lands are discharged be correct, it may be, and in all probability would be, held that the newly-settled lands ought to be taken as a substitute for them, and so liable to the same duty. But if the originally-settled lands are not discharged, we apprehend that B. would not be held liable to duty at 107. per cent. in respect of his succession in the newly-settled lands; for unless the newly-settled lands are taken as a mere substitute for the original lands, they must be taken to have been settled by A. and B., not by the original settlor. Now, having regard to the nature of the interests of A. and B. in the money, it might probably be held that B.'s succession in the newly-settled lands was taken under a disposition made by himself, and therefore not liable to duty; and at all events it is taken partially, if not wholly, under a disposition made by himself. On the whole, therefore, we think that the contention is at least plausible, that in the case we have supposed the land sold will be liable to succession duty on the death of A. It therefore appears advisable, that in all cases where a tenant for life and remainderman are the vendors the conditions of sale should obviate disputes on this point, by providing either that the purchaser should take the property subject to its liability, if any, to the succession duty, or that he should be bound to accept some specified indemnity against being called upon to pay it. Jan. 19, 1856. NOTES OF THE WEEK. IN Carlon v. Ireland the Court of Queen's Bench (Jan. 11) has upheld the ruling of Lord Campbell, C. J., that crossed cheques are as negotiable as uncrossed, although the fact of their being crossed may cast upon the party taking them the onus of shewing that he took them bonâ fide. In The African Steam-ship Company v. Swanzy, Sir W. P. Wood, V. C., held (Jan. 11) that the word “value” in sect. 504 of the 17 & 18 Vict. c. 104, (the Merchant Shipping Act), means marketable value of the vessel. country. We shall leave Mr. Dowdeswell to describe in his own words his opinion of the governing statute upon the subject, and the plan which he has adopted in its treatment. "During the present reign," he says, "in consequence partly of the change in our maritime policy, and partly of increased attention to the comfort of seamen and passengers, numerous enactments have been passed, altering and superseding in part, from session to session, former provisions, and at the commencement of the last year the statutes upon this sub'ject presented a singular specimen of patch work. They were, indeed, a rudis indigestaque moles of legisla tion. Under such circumstances, we cannot but regard the Merchant Shipping Act, 1854, with favour, as a Mr. Serjeant Adams, the assistant judge of the Middlesex Sessions, expired at his residence, 9, Hyde Park-most valuable attempt to arrange, condense, simplify, street, on the 10th inst. He was in his seventieth year, and had presided on the Middlesex bench for twenty years. The title selected by Mr. Baron Parke is Baron Wensleydale, of Wensleydale, in the North Riding of Yorkshire. The title is granted only for life. PUBLIC EXAMINATION OF STUDENTS. Ar the public examination of the Students of the Inns of Court, held at Lincoln's Inn Hall, on the 8th, 9th, and 10th January, 1856, the Council of Legal Education awarded to and amend the old enactments; and if defects be found, which are, in truth, inevitable, great forbearance and 'indulgence should be extended to them, and we should receive this measure in a grateful spirit, remember'ing the chaos from which it has redeemed us. Upon 'examination, however, it will be found to possess many merits as a legal composition, and generally to 'be carefully drawn, and well and clearly expressed. Whether, in a political point of view, its provisions are wise or imprudent, is a question foreign to our present inquiry. As lawyers, and persons administering or acting under the law, we have now only to learn what the Legislature has ordained; and the ob'ject of the present work is, by means of an analysis, without the incumbrance of legal verbiage and minute Frederick C. J. Millar, Esq., student of the Inner Temple, a studentship of 50 guineas per annum, to con-detail, to present a general view of the statute, and, by tinue for a period of three years. Henri Fulcher Brunet, Esq., student of the Middle Temple, and Thomas Key, Esq., student of Lincoln's Inn, certificates of honour of the first class. John Marshall Hayman, Esq., student of Lincoln's Inn, a certificate that he has satisfactorily passed a public examination. By order of the Council, Reviews. an explanation of the commercial law upon the subject, to ascertain the foundation and basis upon which it is to operate. It is also proposed, when it is feasible, by reference to decisions on former enactments, to throw light upon the meaning of the Legislature, and thus to derive aid in the interpretation of its lan'guage; and, finally, to append the act itself, for the 'purpose of reference in practice, interspersed with 'notes of such matters as may be of service in carrying 'its provisions into execution. 6 The "This statute, then, which supersedes almost all the 'previous enactments upon the subject embraced by it, is divided into eleven parts. Of these, the first re'lates to the Board of Trade, and its general functions in superintending and directing the carrying out of the act; the second, to British shipping, its ownerThe Merchant Shipping Acts, 1854 and 1855, (17 & 18 Vict. cc. 104, 120, and 18 & 19 Vict. c. 91); with ship, measurement, and registration; the third, to 'masters and seamen; the fourth establishes regulations a readable Abridgment of the former Act, and an 'with a view to safety and the prevention of accidents; Explanation of the Law relating to it; also Notes 'the fifth regulates pilots and pilotage; the sixth, lightand an Appendix, containing a Selection of the In-houses; the seventh relates to the Mercantile Marine structions and Forms issued by the Commissioners of Fund; the eighth, to wrecks, casualties, and salvage; Customs and Board of Trade. By GEORGE MORLEY the ninth, to the responsibility of shipowners; the DOWDESWELL, Esq., of the Inner Temple, Barrister-tenth, to legal procedure upon the various matters at-Law. 8vo., pp. 647. [Stevens & Norton, 1856.] 'embraced by the enactment; and the eleventh part MR. DOWDESWELL always brings to his editorial la-contains some minor miscellaneous matters. bours not only learning and industry, but also clearness simplest and best mode will be to adhere to these of arrangement and clearness of expression. He is divisions, and to treat of the different topics in the therefore well qualified to give us a readable abridg-order thus presented." ment of a statute, which fills no less than 548 sections, and exhausts the alphabet (less three letters) for the designation of its forms in the schedule. If anything can justify an act of such dimensions, it is the importance of the subject to which it is devoted, and the comprehensive grasp of its provisions. It forms a very code of merchant shipping law; and although, alas! it was found necessary to amend the great act of 1854 in the session of 1855, and it may be necessary in the session of 1856 to pass another act to amend the Merchant Shipping Act Amendment Act, 1855," yet it must be admitted that there is a broad basis to amend upon; and it was something favourable to start with two years ago, that we had a statute consolidating a branch of law which regulates the mercantile marine of this An Introduction to the Study of Jurisprudence; being a BETWEEN the absurdity of attempting to illustrate and influence the decision of every new or doubtful point that is discussed in an English court by reference to the details of the digest, and that of utterly ignoring a system of jurisprudence which is generally acknowledged to contain the clearest and most complete exposition of those general principles according to which every system of laws, so far as it is scientific, must be |