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Professionai Lists.-Bankrupts.

short time the office of Judge Advocate. He was also a Judge of the Central Criminal Court.

22. Thomas Warry, of New Inn, solicitor. John Crickitt, proctor, Doctor's Cominons, aged 83.

15. Edward Jacob, M.A., one of her Majesty's Counsel, and a bencher of Lincoln's Inn. He was called to the bar 28th June, 1819, and became King's Counsel in 1834. His Reports of cases in the time of Lord Eldon are highly esteemed.

INCORPORATED LAW SOCIETY.

MEMBERS ADMITTED.

Henry Hyde, Ely Place.

Alfred Southby Crowdy, Swindon, Wilts.
John Close, Furnival's Inn.

John Meek Britten, Basinghall Street.
Edmund Byrne, Portugal Street.

Charles John Belcher Hertslet, Norfolk Street.
John Osborne Smetham, Lynn, Norfolk.
John Stephen Spindler Hopwood, Chancery Lane.
William Morgan Benett, Raymond Buildings.
Frederick William Coe, Field Court, Gray's Inn.

MASTERS EXTRAORDINARY IN
CHANCERY.

From 25th January to 18th February, 1842, both inclusive, with dates when gazetted.

Allen, Benjamin Tuthill, Burnham, Somerset. Feb. 15.

Cheney, Edward, Birmingham. Feb. 1.

Dudley, Edwin, of Dudley, Worcester. Jan. 28. Sco't, Thomas, Bromsgrove, Worcester. Jan. 28. Wise, Joseph, Ashborne, Derby. Feb. 1.

DISSOLUTIONS OF PROFESSIONAL PART

NERSHIPS.

From 25th January to 18th February, 1842, both inclusive, with dates when gazetted.

Brooks, William, and John Leete, Foster Lane,
Cheapside, London, Attorneys and Solicitors.
Feb. 11.

Cameron, Archibald, and Henry Foley, Worcester,
Attorneys and Solicitors. Feb. 11,
Flesher, William, and George Blencowe, Nor-

thampton, Attorneys and Solicitors. Feb. 18. Owston, Robert, and Frederick Garfit, Glamford

Briggs, Lincoln, Attorneys and Solicitors.
Feb. 11.

Young, Joseph, and William White, of Bishop Wearmouth, Durham, Attorneys and Solicitors. Jan. 25.

BANKRUPTCIES SUPERSEDED.

From 25th January to 18th February, 1842, both inclusive, with dates when gazetted. Aarons, Benjamin, Knowles Court, Doctors' Commons, Furrier. Jan. 28.

King, Thomas, Crofton, Northumberland, Ship
Owner and Coal Merchant. Feb. 15.
Rutson, John, Saint Paul's Churchyard, London,
Commission Agent. Feb. 15.

Shingler, Samuel, Liverpool, Linen Draper. Feb.

11.

Winder, George, late of Sidney Alley, Leicester Square, but now of Hackney Road, Jeweller. Feb. 11.

BANKRUPTS.

From 25th January to 18th February, 1842, both inclusive, with dates when gazetted.

Appleyard, Thomas, Northowram, Halifax, York, Stone Merchant. Jaques & Co., Ely Place, Feb. 8.

Arthur, John, and David Arthur, Neath, Glamorgan, Ironmasters and Coal Merchants. Egan & Co., Essex Street, Strand. Jan. 28. Baber, Henry Adolphus, Lindfield, Sussex, Maltster. Verral & Co., Lewes; Millard & Co., Cordwainers' Hall, London. Feb. 11. Banks, David Ward, Manchester, Dealer in Piano Fortes and Sheet Music. Capes & Co., Gray's

Inn; Law, Manchester. Feb. 15.
Barnard, George, Portsea, Southampton, Coal
Merchant. Clare, Size Lane; Low, Portsea.
Jan. 28.

Beal, Thomas, Sandwich, Kent, Hoyman and
Corn Factor. Messrs. Dyne, Lincoln's Inn
Fields; Surrage & Co., Sandwich. Feb. 11.
Blackmore, Richard, and John Craven, Wakefield,
York, Corn Millers. Preston, Tokenhouse
Yard; Whitham, Wakefield. Feb. 8.
Bower, William, Wilmslow, Chester, Cotton Spin-
Slater & Co., Manchester; Milne & Co.,
Temple. Feb. 8.

ner.

Bowers, John, Chipstead, Kent, Grocer and Draper.
Edwards, Off. Ass.; Cattlin, Ely Place. Feb. 8.
Boyle, Wm. Edward, Neath, Glamorgan, Plumber.

Lake & Co., Basinghall Street; Hargreaves,
Neath. Jan. 28.

Brayne, Henry, formerly of Castle Street, Oxford
Street, afterwards of Nine Elms, Battersea,
and of Manor Place, Clapham. Surrey, Coal
Merchant; Lackington, Off. Ass.; Stevens &
Co., Queen Street, Cheapside. Feb. 11.
Brooke, John, jun., Dewsbury, York, Manufac-
turer. Hornby & Co., St. Swithin's Lane;
Savery & Co., Bristol. Feb, 15.
Brown, George, Carlisle, Cumberland, Draper.
Walmsley & Co., Chancery Lane; Humphrys

& Co., Manchester; Law & Co., Carlisle.
Feb. 18.

Buber, Henry Adolphus, Lindfield, Sussex, Maltster. Verral & Co., Lewes, Sussex; Millard & Co., Cordwainers' Hall. Feb. 1. Burgoyne, William, Plymouth, Devon, Builder. Mantle, Blackfriars Road; Edmonds, Plymouth. Feb. 18.

Burnie, John, Tokenhouse Yard, London, Merchant. Edwards, Off. Ass.; Brown & Co., Mincing Lane. Jan. 25.

Butler, James Andrew, Loddington, Northampton,
Machine Maker. Wing & Co., Gray's Inn;
Hewitt, Northampton. Feb. 18.
Canning, Horatio Joseph, Wood Street, Cheapside,
London, Scotch Warehouseman. Pennell,
Off. Ass.; Murray, New London Street. Feb.
Cantor, Charles Augustus, late of Calcutta, in the
East Indies, now of Upper Montague Street,
Montague Square, Merchant. Turquand, Off.
Ass.; Brundrett & Co., Temple. Feb. 8.

15.

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Carron, James, Saint George's Circus, Blackfriars Hallett, George, Ryde, Isle of Wight, Draper.
Road, Surrey, Draper. Gibson, Off. Ass.;
Messrs. Sole, Aldermanbury; Hearn & Co.,
Cattlin, Ely Place. Feb. 15.
Newport. Feb. 11.

Cassidy, George Berkeley, Kirkwood, Bucklers-Halliley, Edward, Leeds, York, Cloth Manufactubury, London, Merchant and Bill Broker.

Gibson, Off. Ass.; Buckley & Co., Gray's Inn
Square. Jan. 28.

Caswall, Charles, Woburn Place, Russell Square,
Lodging house Keeper. Turquand, Off. Ass. ;
Cook & Co., New Inn. Feb. 11
Chambers, William, Oxford, Organ Builder. Rack-
straw, Oxford; Philpot & Co., Southampton
Street, Bloomsbury. Jan. 28.
Christelow, Charles, York, Woollen Draper. Wil-

liamson & Co., Verulam Buildings, Gray's Inn; Blanchard & Co., York. Jan. 25. Christie, William, New North Street, Red Lion

Square, Bookbinder. Green, Off. Ass.; Starling, Leicester Square. Jan. 25. Coles, James, Bedwelty, Monmouth, Apothecary

and Druggist. Allen, Lincoln's Inn Fields; Matthews, Pontypool. Feb. 18. Collos, Arthur, and Alfred Thomson, Brighton,

Sussex, Sugar Manufacturers. Penkivil, West
Street, Finsbury Circus. Jan. 28.
Cuisset, John, Blackfriars Road, Surrey, Jeweller.

Gibson, Off. Ass.; Rolfe & Co., South Square,
Gray's Inn. Jan. 25.

Curtis, William, King's Lynn, Norfolk, Brewer.
Pitcher, King's Lynn; Clowes & Co., Temple.
Feb. 18.

Davies, Robert, Mallwyd, Merioneth, Shopkeeper and Flannel Manufacturer. Price & Co., New Square, Lincoln's Inn; Davies, Machynlleth. Jan. 28.

Fielding, John, and Thomas Fielding, Blackburn,

Lancaster, Joiners and Builders. Troughton, Liverpool; Johnson & Co., Temple. Feb. 11. Fish, Henry, Prince's Row, Pimlico, Painter and

Glazier, and Builder. Pennell, Off. Ass.; Keene, Dorset Street, Portman Square. Feb. Fisher, William, Lincoln, Carrier by Water, Coal

Dealer and Plaster Merchant. Lee, Newarkupon-Trent; Milne & Co., Temple. Feb. 18. Gatehouse, Charles, Chichester, Brewer and Corn Merchant. Randall & Co., Southampton; Tilson & Co., Coleman Street. Feb. 15. George, Samuel Robert, London Wall, London, Victualler and Tailor. Johnson, Off. Ass.; Billing, Cheapside. Jan. 28. Gibbs, John, Great Yarmouth, Norfolk, Tavern

Keeper. White & Co., Lincoln's Inn Fields; Worship & Co., Great Yarmouth. Feb. 8. Gifford, Georgiana, Parson's Green, Fulham, Middlesex, Schoolmistress. Johnson, Off. Ass.; Tyrrell, Guildhall. Feb. 8.

Gipps, John Methuen, late of Duke Street, Gros

venor Square, and of Margaret Street, Caven-
dish Square; now of Howland Street, Tot-
tenham Court Road, Wine Merchant. Graham,
Off. Ass.; Billing, King Street, Cheapside.
Feb. 11.

Goodeve, William Stiles, Chichester, Sussex,
Banker's Clerk, and also a Brick Maker and
Miller. Raper & Co., Chichester; Blackmore
& Co., New Inn. Feb. 18.
Greenwell, Joseph, and Stephen Greenwell, Shad-

forth-Mill, Durham, also of Crimehouse, near Shadforth, and of Sherborn, in the same county, Millers, Corn and Flour Dealers, Lime Burners, Graziers, Farmers, and Quarrymen. Rogerson, Norfolk Street, Strand; Messrs. Marshalls, Durham. Feb. 8. Grundy, William, Manchester, Yarn Dealer and Commission Agent. Makinson & Co., Temple; Atkinson & Co., Manchester. Feb. 15.

rer. Savery & Co., Bristol; Hornby & Co.,
St. Swithin's Lane. Feb. 8.

Haworth, Edmund, Manchester, Merchant. Ab-
bott & Co., Charlotte Street, Bedford Square;
Messrs. Bennett, Manchester. Feb. 18.
Hazell, Richard, Ramsbury, Wilts, Corn Dealer
and Brewer. Edwards, Aldbourn, Wilts.
Norton & Co., New Street, Bishopsgate. Feb. 1.
Hide, Singer Edward, Broadwater, Sussex, Buil-
der. Rolfe & Co., South Square, Gray's Inn;
Edmunds, Worthing. Feb. 11.
Higgins, John, and James Mannock, Dukinfield,
Chester, Engineers. Spinks, John Street,
Bedford Row; Gartside, Ashton-under-Lyne.
Feb. 8.

Holt, Henry, Peckham, Surrey, Bookseller. Belcher, Off. Ass.; Dover, South Square, Gray's Inn. Jan. 28.

Holt, John, Livesey, Lancaster, Grocer. Milne & Co., Temple; Neville & Co., Blackburn. Feb. 1.

Hunnybun, James, Cambridge, Ironmonger. Eaden, jun., Cambridge; Clark & Co., Essex Street, Strand. Feb. 15.

Jolley, James, Saint Albans Place, Haymarket, and of Pelham Road, Brompton, Builder, Plumber, Painter, aud Glazier. Gibson, Off. Ass.; Allen & Co., Queen Street, Cheapside. Feb. 1.

Jopp, Andrew, Cornhill, London, Ship and Insurance Broker. Green, Off. Ass.; Kingsford,

Mark Lane. Feb. 15.

Kirkpatrick, James, Newport, Isle of Wight,
Southampton, Banker.
Hearn & Co., Ryde;
Fosters & Co, John Street, Bedford Row.
Feb. 11.

Lane, Samuel, Hoxton Old Town, Old Street Road, Victualler. Edwards, Off. Ass.; Shoubridge, Bedford Row. Feb. 18.

Lawther, John, Newcastle-upon-Tyne, Ship and
Insurance Broker and Timber Merchant.
Crosby & Co., Church Court, Old Jewry;
Hodge, Newcastle upon-Tyne. Feb. 15.
Laycock, James, Colne, Lancaster, Tallow Chand-
ler, Grocer, and Draper. Wiglesworth & Co.,
Gray's Inn; Hardacre, Colne. Jan. 25.
Lennard, John Samuel, White Conduit Fields,
Victualler. Lackington, Off. Ass.; Heathcote
& Co., Coleman Street. Feb. 15.
Littledyke, Kichard, Brudenell Place, New North

Road, Middlesex, Linen Draper. Whitmore, Off. Ass. ; Messrs. Sole, Aldermanbury. Feb.8. Looney, William, Whitehaven, Cumberland,

Cooper and Herring Curer. Stubbs, Furnival's Inn; Messrs. Perry, Whitehaven.___Feb.

15.

Manning, Edmund, and Cornelius Charles Manning, High Street, Aldgate, London, Drapers. Groom, Off. Ass.; Monckton, Bartlett's Buildings, Holborn. Feb. 11.

Miller, Joseph, Stockton-on Tees, Durham, Patent Sail Cloth and Rope Manufacturer. Edwards, Off. Ass.; Bartrum & Co., Bishopsgate Street within. Feb. 8.

Morris, William, Long Lane, Bermondsey, Surrey, Leather Dresser and Parchment Manufacturer. Johnson, Off. Ass.; Bennett & Co., Scotts Yard, Bush Lane. Feb. 15.

Murray, Edward Thomas, Church Street, Southwark, Surrey, Leather Seller, and of Great George Street, Bermondsey, Surrey, Japanner and Enameller of Leather. Belcher, Off.

352

Bankrupts. Prices of Stocks.

Ass.; Loughborough, Austin Friars. Jan. 25 Nicholls, Charles, Shrewsbury, Salop, Flannel Merchant. Pownall & Co., Staple Inn ; Cooper, Shrewsbury. Feb. 1. Nichols, Samuel, Birmingham, Gold Pencil Case Maker. Holmes, Great Knight Rider Street, Doctor's Commons; Yeates, Birmingham. Feb. 15. Owen, Samuel, Conway, Carnarvon, Innkeeper and Victualler. Abbott & Co., New Inn. Feb. 1. Protheroe, John, jun., Bristol, Iron and Tin Merchant, and Commission Agent. Clarke & Co., Lincoln's Inn Fields; Smith, Bristol. Feb. 8. Robins, William, Stone, Stafford, Ironmonger,

Tinman, and Brazier. Dickenson, Stone;
Smith, Chancery Lane. Feb. 8.
Rogers, Henry, and Frederick Rogers, Finch Lane,

Cornhill, London, Wine and Spirit Merchants.
Graham, Off. Ass.; Ruck, Mincing Lane.
Feb. 18.

Richards, William, Oxford Street, Victualler.
Turquand, Off. Ass.; Dyson & Co., Bedford
Row. Feb. 15.

sea,

Sanders, John, Manor Place, King's Road, Chel-
Baker. Belcher, Off. Ass.; Harrison &
Co., Walbrook. Jan. 28.
Schlesinger, Morris, and Michael Samuel Schle-
singer, Basinghall Street, London, Merchants.
Belcher, Off. Ass.; Messrs. Freshfield, New
Bank Buildings. Feb. 8.

Schofield, William, Oldham, Lancaster, Machine
Maker. Milne & Co., Temple; Whitehead &
Co., Oldham. Feb. 18.
Sharman, Frederick, Barge Yard, Bucklersbury,
London, Shoe Factor. Edwards, Off. Ass.;
Gale, Basinghall Street. Jan. 28.
Sharp, Richard Johnson, Liverpool, Victualler.
Vincent & Co., Temple; Jones, Liverpool.
Jan. 25.

Sleeman, Thomas, Tenby, Pembroke, Wine and
Spirit Merchant, and General Merchant.
Makinson & Co, Temple; Haberfield, Bristol.
Feb. 15.
Sly, James, Melcombe Regis, Dorset, Draper.
Messrs. Sule, Aldermanbury. Feb. 15.
Smith, William, Saint Albans, and of Watford,
Herts, and also of Rotherhithe, Surrey, Mil-
fer and Seed Crusher. Druce & Son, Billiter
Square. Feb. 18.

Smith, James Grant, Bath, Brewer and Malster.

Adlington & Co., Bedford Row; Gaby, Bath;
Batcheller & Co., Bath. Eeb. 15.

Sorby, William, Chorlton-upon-Medlock, Lancas
ter, Chemist and Druggist. Walmsley & Co.,
Chancery Lane; Humphrys & Co., Manches-
ter. Feb. 15.
Spanton, John, Bermondsey Street, Surrey,Cheese-
monger. Green, Off. Ass.; Cattlin, Ely Place.
Feb. 1.

Speare, George, Ogilvy, Fleet Street, London,
Lace Warehouseman. Graham, Off. Ass.;
Messrs. Sole, Aldermanbury. Jan. 25.
Statham, Thomas, Huddersfield, York, Hosier.
Lever, King's Road, Bedford Row; Barker &
Co., Huddersfield. Feb. 15.
Stephenson, Peter, Manchester, Lancaster, Mercer
and Draper. Messrs. Baxter, Lincoln's Inn
Fields; Sale & Co., Manchester. Jan. 28.
Stone, Edward James, Belle Sauvage Yard, Lud
gate-Hill, London, Maker of Playing Cards,
and other Cards. Pennell, Off. Ass.; Davison
& Co,, Bread Street, Cheapside. Jan. 28.
Stratton, Edward, Longcot, Berks, Corn Dealer.
Barnes, Chipping Lamborne, Berks. Feb. 1.
Thompson, James, Newcastle-upon Tyne, Joiner,

and Builder. Crosby & Co., Church Court, Old Jewry; Hoyle, Newcastle-upon Tyne. Jan. 28.

Thomson, Geo., and James Forbes, Crutched Friars, London, Corn-factors. Groom, Off. Ass, Taylor, Nicholas Lane. Feb. 8.

Thompson, John, Sunderland, Durham, Chain and Anchor Manufacturer. Swain & Co., Old Jewry; Messrs. Wright, Sunderland. Feb 18. Vaile, Win., Oxford Street, Laceman. Belcher, Off. Ass.; Beaumont & Co, Lincolns' Inn Fields. Feb. 8.

Ward, John, Irstead, Norfolk, Cattle jobber. Sewell & Co., Norwich; Wood & Co., Falcon Street, Aldersgate Street. Feb. 15. Warne, Edmund, Lisle Street, Westminster, Carpenter and Builder. Alsager, Off. Ass; Allen & Co., Carlisle Street, Soho. Feb. 11. Waters, Richard, Newport, Monmouth, Iron and Tin Plate Manufacturer and Money Scrivener. Llewellyn, Newport; White & Co., Bedford Row. Feb. 8.

Wates, John, Old Kent Road, Surrey, Victualler. Green, Off. Ass.; Lucas & Co., Argylle Street, Regent Street. Feb. 1.

Webb, Alfred, Liverpool, Carpet-seller.

Johnson & Co., Temple; Higson & Co., Manchester.

Jan. 25.

Welldon, Samuel Eddlestone, Cambridge, Butcher.

Eaden jun., Cambridge; Clark & Co., Essex
Street, Strand. Jan. 25.

Wells, John Deane, George Street, Mansion
House, London, Commission Agent. Alsager,
Off. Ass; Heald, Austin Friars. Feb. 1.
Whitby, Luke, Green Dragon Yard, Whitechapel,
Builder. Alsager, Off. Ass.; Dickson & Co.,
Frederick's Place, Old Jewry. Feb. 8.
Wilcocks, Wm., Bracknell, Berks, Saddler and

Harness maker. Graham, Off. Ass.; Bridger & Co., Finsbury Circus. Jan. 25. Willoughby, John Řivis, York, Builder and Stone Mason. Johnson & Co., Temple; Leeman, York. Feb. 8.

Wilson, Richard, Blyth Tile Sheds, Northumberland, Manufacturer of Bricks and Argillaceous Marble. Crosby & Co., Church Court, Old Jewry; Hoyle, Newcastle-upon Tyne. Jan. 28. Woodcock, John, Stratford, Essex. Builder. Belcher, Off Ass.; Plews, Bucklersbury. Feb. 8.

Wooster, Thomas, jun., late of Newcastle-upon Tyne, Northumberland, then of Peckham Rye Terrace, Surrey, but now of Liverpool Street, London, Merchant and Ship Owner. Groom, Off. Ass.; Stephen, Basinghall Street. Jan. 28.

PRICES OF STOCKS. Tuesday 22d February, 1842.

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The Legal Observer.

SATURDAY, MARCH 5, 1842

"Quod magis ad Nos
Pertinet, et nescire malum est, agitamus.

HORAT.

THE DOCTRINE OF NOTICE.

WHAT is constructive notice, is a subject of considerable difficulty. The general rule may be laid down to be, that whatever is sufficient to put the party charged with notice on inquiry, is good notice in equity, a and notice of a deed is notice of the contents of that deed, so far as those contents affect the transaction in which notice of the deed is required. In a very recent case it was held by Sir J. Wigram, V. C., that the doctrine of constructive notice applies in two cases; first, when the party charged has notice that the property in dispute is incumbered, or in some way affected; in which case he is deemed to have notice of the facts and instruments, to a knowledge whereof he would have been led by due inquiry after the fact which he actually knew; and secondly, when the conduct of the party charged evinces that he had a suspicion of the truth, and wilfully or fraudulently determined to avoid receiving actual notice of it. In the same case, a party, before advancing money on a mortgage inquired of the mortgagor and his wife, whether any settlement had been made upon their marriage, and was informed that a settlement had been made of the wife's fortune only, and that it did not include the husband's estate, which was proposed as the security, and he afterwards advanced the mortgage money without having seen the settlement, or known its contents; and it was held that the mortgagee was not, under the circumstances, affected with constructive notice of the contents of the settlement, or of the fact that the settlement comprised the husband's estate.

2 Smith v. Law, 1 Atk. 489.

b Hamilton v. Royse, 2 Sch. & Lef. 315; Parry v. Wright, 1 Sim. & S. 372.

e Jones v. Smith, 1 Hare, 43. VOL. XXIII. No. 706.

It is not necessary to give notice of an equitable incumbrance to more than one of several trustees of the property, so long as the circumstances of the case remain unaltered by the death of that trustee, his ceasing to continue such trustee or otherwise. The following observations of the same learned Vice Chancellor, in the same case, deserve attention.

"I conceive it to be now clearly decided, by the cases of Dearle v. Hall, 3 Russ. 1; Loveridge v. Cooper, Id. 30; and Foster v. Blackstone, 1 Myl. & K. 297; S. C. reported as Foster v. Cockerell, 9 Bligh. N. S. 332, that if a bond fide incumbrancer upon a fund, the legal interest in which is in a trustee, gives notice of his incumbrance to the trustee, and neither the incumbrancer giving the notice, nor the trustee at the time of such notice being given, has notice of any prior incumbrance affecting the fund, the incumbrancer giving such notice, so so long as the circumstances of the case remain unaltered, will be entitled to priority over a prior incumbrancer upon the fund, who has omitted or neglected to give notice of his incumbrance, although the puisne incumbrancer may have advanced his money without making any previous inquiries of the trustee. In the absence of notice, the party claiming the prior incumbrance has not perfected his title. In a case where there cannot be an actual transfer of the subject, he must do all that is in his power; and if he fails to do this, and another person takes an incumbrance and gives notice, the second person has acquired a perfect assignment, whilst the first equitable assignment is imperfect. The case of Foster v. Blackstone, for the first time, I believe, called for direct adjudication on the question, whether the omission of the second

d Meux v. Bell, Hare, 73.

2 B

354

Doctrine of Notice.- Lawyers in Parliament.-Practical Points.

incumbrancer to make the inquiry was to be treated as an objection of substance or not. In Dearle v. Hall, there having been in fact, an inquiry, the reasoning of Sir Thomas Plumer was rather an exposition of what he thought the doctrine of law to be, than a direct adjudication on the point. In the case of Foster v. Blackstone, the Lord Chancellor, in moving the judgment of the House of Lords, adverts and assents to the principle that a party, until he gives notice to the trustee, has not done every thing in his power, and which is necessary to complete his title. Foster v. Cockerell, 9 Bligh, N. S. 376. The reasoning of Sir Thomas Plumer, that the first incumbrancer, by omitting to give notice, has not acquired that which, in equity is equivalent to possession at law, and, therefore, his security is not perfected, is directly affirmed by the House of Lords, in a case where the very point was argued, and the distinction with regard to inquiry, taken by counsel at the bar; and where no inquiry was made, the second incumbrancer was preferred to the first, on the ground that the first incumbrancer had not perfected his security. I think these decisions are founded on principle. The omission of the puisne incumbrancer to make enquiry, cannot be material where inquiry into the circumstances of the case could not have led to a knowledge of the prior incumbrance."

LAWYERS IN PARLIAMENT.

دو

THE rule laid down last session for exempting members, being cabinet ministers, from election committees, has been adhered to in the present session. Sir Robert Peel, Lord Stanley, Sir James Graham, and Mr. Goulburn have accordingly been exempted. Mr. Greene also, as Chairman of Ways and Means, and also Chairman of all Committees on Private Bills, has been excused. But we regret to say that a motion "That Mr. Granger have leave for five weeks to go the circuit," was put, and on the 22d of February last, was negatived: If this motion has only been negatived as a matter of form, we have nothing more to say. If it be really the intention to have in view the convenience of barristers who must attend circuit, and appoint them to committees which are not fixed at these times, this is all that we wish; we do not desire to exempt lawyers from their fair share of the labour of committees; they have voluntarily sought seats in the House, and must abide the result. But if their convenience is in no way to be looked to, and their avo

cations protected, we do sincerely deplore it. The tendency has certainly been, of late years, to exclude lawyers from the House of Commons. The Masters in Chancery, it is said, are now excluded from English seats by the recent change in their office; the Judge of the Admiralty was excluded by an express act. The Master of the Rolls has not sat there since the time of Sir John Copley (now Lord Chancellor) and we have in this last resolution another limitation of the rights of the profession. We must say we look upon this with concern. The number of lawyers now in Parliament is smaller, we venture to say, than at any period since the parliamentum indoctum, in 1405. There is only one of the leaders of the Chancery Bar in the present Parliament, and independently of the Attorney and Solicitor General, there is hardly more than one eminent man of the common law bar there. For what we know, this may be matter of exultation with some; but we conceive no person of reflection can view it but with regret. Legislation, let us be assured, cannot proceed safely except with legal aid, and when we consider how few eminent men at the bar now chuse to encounter the uncertainty of a contested election, we feel some alarm. We would not have too many lawyers; we would have a preponderance of gentlemen and merchants; but if this disposition to exclude legal assistance, and harass those who are able and willing to give it, is to prevail, we conceive the consequence will, sooner or later, be very serious to the common weal.

PRACTICAL POINTS OF GENERAL INTEREST.

PARCEL BY RAILWAY.

A CASE of some interest has recently occurred with respect to carriage by railway— for the principle applies equally to injury to persons as to parcels. A parcel was delivered at Lancaster and Preston Junction Railway Company, directed to a person at a place in Derbyshire. The person who brought it to the station offered to pay the carriage, but the book-keeper said it had better be paid by the person to whom it was directed, on the receipt of it. The Lancaster and Preston Junction Railway Company were known to be proprietors of the line only as far as Preston, where the railway unites with the North Union Line, and that afterwards with another, and so on into Derbyshire. The parcel having been lost, after it was forwarded from Preston, it was held that the Lancaster and

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