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LEGAL

GUIDE.

VOL. I.

FROM DEC. 1, 1838, TO APRIL 27, 1839, INCLUSIVE.

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LAW BOOKSELLERS AND PUBLISHERS, 194, FLEET STREET.

1839.

G. NORNAN, PRINTER, NAIDEN LANE, COVENT GARDEN.

SATURDAY, NOVEMBER 3, 1838.

PREFACE.

the means of acquiring progressive know

ledge that shall be beneficial to them, and THE object of this Publication, which enable them to pass their examinations with

will be devoted to subjects of Legal im- satisfaction and credit. To facilitate the portance unconnected with Politics, is to latter object, it is intended to propose supply the Profession weekly with an inter- Legal Problems that shall be open to all, esting Guide to what is daily passing in and which will be solved in subsequent all our Courts of Law and Equity, (including Numbers. the Courts of Bankruptcy and Insolvency, It is proposed, as the general plan of this where points of practice and decisions upon Periodical, that it should consist of an Original new Laws shall occur), and also to afford Reading upon some one of the laws in actual useful information upon which reliance may operation, every week (the present Number be placed, as well by the experienced Prac- will commence with the new laws affecting titioner as by the youthful Student. Real Property); of brief REPORTS of Cases

The Proprietors have been for a length of IN ALL THE Courts, superior and inferior, time pressed to publish a Periodical of this where points of law or practice hare been nature; and they consider the present time determined, and in the House of Lords, to be peculiarly favourable to its production. with explanatory remarks; of New Rules.

We live in an age in which it is with some and ORDERS made by any of the Courts; difficulty that a Practitioner can understand of all Legislative alterations—the practical what the Law really is upon any subject. effects of which will be explained as occaSo great and varied are the constant changes sion may serve; of all Business of the -so often are those changes again changed— Courts, viz. the Sittings, Cause Papers, &c.; and as often are Laws made that will not of Names of Articled Clerks applying for work at all, that he is never certain what admission, and passing their examination, course he should pursue.

and of those who shall be admitted; of ConThe Student is placed in even a more distributions of character and interest; of occatressing situation-he commences his career sional Reviews of Law Books; and of such and studies one set of Laws, and ends his other matter as will be useful and interestclerkship under another set; consequently ing as well to Practitioners and their Artias ignorant of the Laws as be began.

cled Clerks as to the whole Profession of the To remedy these evils, as far as is practica- Law. ble, will be one of the important subjects to It is also proposed, in the course of this which this Publication is devoted, by afford- Publication, to shew the liabilities of all pering to Practitioners such useful information sons connected with Joint Stock COM and knowledge as shall help them to keep PANIES of every description, and to notice pace with the times; and to the Students their progress judicially,

VOL. I.

B

ESSAY I.

LAWS OF REAL PROPERTY.

make an entry upon any lands, &c. but within 20 years after his right and title shall have first descended or accrued.

The Third Statute of Limitations, 4 & On the Title a Purchaser may require. 5 Anne, c. 16, s. 16, enacted that no claim

Since the passing of the Statute of Li- or entry to avoid a fine with proclamations mitations, 3 & 4 W. 4, c. 27, many ques- | should be sufficient, unless upon such entry tions have arisen in practice (caused by the or claim an action be commenced within one absence of any judicial decision) as to the year after, and prosecuted with effect. title which a purchaser may now require. It is very erroneously considered by many By section 2 of this statute it is enacted, persons that a twenty years' title is now sufthat " after the 31st December, 1833, no ficient and all that can be required by a purperson shall make an entry or distress, or chaser. We will endeavour to shew that this bring an action to recover any land or rent is a mistaken notion, however largely it may but within twenty years next after the time be supported, and that no purchaser can be at which the right to make such entry or satisfied with a vendor's title depending solely distress, or to bring such action, shall have on an undisturbed possession of twenty years; first accrued to some person through whom but, on the contrary, that a purchaser is he claims; or, if such right shall not have warranted in requiring the same abstract of accrued to any person through whom he title as heretofore. claims, then within twenty years next after An Ejectment must now be brought within the time at which the right to make such | 20 years after the party's right accrued. entry or distress, or to bring such action, Heretofore the mere nonpayment of rent shall have first accrued to the person making was not alone sufficient to render the posor bringing the same.”

session of the tenant adverse to that of his Previous to the passing of this statute landlord; but the new statute has the effect sixty years' title was in all cases required, of making 20 years' possession without payand even that period was not at all times ment of rent, or any written acknowledgconsidered sufficient. Lord Eldon, in Painement of a tenancy, a bar to an ejectment. v. Miller, (6 Ves. Jun. 349; see Robinson v. Suppose, however, the possession to be adElliott, 1 Russ. 599), was of opinion, that verse to a tenant for life, although the an abstract not going further back than 43 tenant for life himself may be barred, it will years was a serious objection to the title. not run against the reversioner or remainIt is necessary that we should briefly refer derman, because it will require another to the practice as it formerly was, that the period of 20 years' adverse possession, comnew law may be the more perfectly under- | mencing from the death of the tenant for stood. The period of sixty years was con- | life, to bar him, except in certain cases,

where sidered heretofore necessary with reference the right of any person to make an entry to the first Statute of Limitations, 32 Hen. 8, or distress, or bring an action to recover c.2, s. 1, which enacted that no person should any land or rent to which he may have been sue, have, or maintain any writ of right, or entitled for an estate or interest in possesmake any prescription, title, or claim of, to, sion, shall have been barred by the deteror for any lands, &c., but only of the seisin mination of the limited period, and such or possession of his ancestor within 60 years person shall at any time during the same next before the teste of the writ, or next be- period have been entitled to any fore the prescription, title, or claim, sued, tate, interest, right, or possibility, in revercommenced, brought, made, or had. sion, remainder, or otherwise, in or to the

This writ is now abolished by sect. 36 of same land or rent, no entry, distress, or the new act.

action, can be made or brought by such The Second Statute of Limitations, 21 person, or any person claiming through him, Jac. 1, c. 16, enacted that no person should to recover such land or rent in respect of

other es

such other estate, interest, right, or possi- ceased to be under disability, or have died, bility, unless in the meantime such land shall not have expired. or rent shall have been recovered by some In cases where a succession of disabilities person entitled to an estate, interest, or occur, Sect. 18 declares, that no further right, which shall have been limited or time beyond the 20 years and the 10 years taken effect after or in defeasance of such

allowed in cases of disability shall be alestate or interest in possession. (See 20.) || lowed. In these cases, therefore, the bar operates

(To be continued.) as well against the estates in remainder as against all other estates of the remain

PROBLEM I. derman.

What are the changes made in the law We will further suppose that a person is by the statute, 1 Vict. cap. 26.—“An Act tenant for life for a long term of years.

for the Amendment of the Law with respect Mr. Brodie relates an instance within his to Wills?” knowledge, of a person being tenant for life for more than 80 years, and observes, that

Law Keports. such a person might have been dispossessed

KENT SUMMER ASSIZES.-2 VICT. at the time when his right first accrued.

REG. v. LOVER. An adverse possession to him during the LARCENY.—The prisoner, who had no counwhole period of his life would not have sel, when called on for his defence, set up an made a good title against a remainderman alibi, to prove which he examined several

witnesses: or reversioner under the old law, nor will it

Deedse, for the prosecution, claimed a right do so under the new law.

to reply, as the prisoner had called witnesses We must also look to cases of disabilities.

in his defence.

Tindal, C. J.-You have clearly a right to It is enacted by the new statute (Sect. 16), || address the jury.-Guilty. that if, at the time at which the right of If a prisoner who has no counsel call witany person to make an entry or distress, secution is entitled to reply.

nesses in his defence, the counsel for the proor bring an action to recover any land or rent, shall have first accrued as declared by

REG. V. ARNOLD. the Act, such person shall have been under HOUSEBREAKING.–The prisoner, after havany of the following disabilities, viz.: In- ing made a confession, which was ruled to be

inadmissible in evidence, on the ground of the fancy, coverture, idiotcy, lunacy, unsound. improper inducement to make it having been ness of mind, or absence beyond seas, then | held ont, was subsequently brought before a such person, or the person claiming through magistrate. He there received a caution that him, may, notwithstanding the limited period would be taken down, and in the event of his b ing

any thing he might say for or against himself of 20 years shall have expired, make an committed, would be used at the trial as evidence entry or distress, or bring an action to re- | against him.On this he made a statement: cover such land or rent at any time within

Clarkson, for the prisoner, objected that

these words amounted to an inducement to 10 years next after the time at which the confess, on the authority of the very recent person to whom such right shall first have case of Reg. v. Drew, 8 C. & P. 140, where accrued, shall have ceased to be under any

Coleridge, J. rejected a statement made by a

prisoner, after the magistrate had told him such disability, or shall have died, (which that whatever he said " would be taken down shall have first happened.)

and used as evidence for or against him," In cases of this nature, however, Sect. 17 | saying, that the telling a man that what he

said would be evidence for him, amounted declares, that no action shall be brought to as direct an inducement to make a statewithin 40 years next after the time at which ment as any that could be imagined. the right of action shall first accrue, although

Bodkin replied on the part of the prose

cution. the person under disability at such time Lord DENMAN, C, J. (after communicating may have remained under disability during with Patteson, J.); I am of opinion that this

evidence is admissible ; however, I shall, in the the whole 40 years, or although the 10

event of the prisoner being convicted, reserve years from the time at which he shall have

the point for the consideration of the judges.

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