vi INDEX TO THE GAZETTE OF BANKRUPTS. Russell, S., & Shortried, G., Sparke, A., 88 Tubb, J., 35 Westren, T., 64 Westrup, W., & Cooksedge, Tucker, J., 217 T. M., 412, 413 R., 460 Wetenhall, J., 232 Wetmore, T. H., 172 White, C., & Walker, J., 469 J., 433, 450 G. E., 469 T., 285 J. C., 459 196 J.C., & White, G, H., 302 T., 44 Sawtell, J., & Williams, W., Stokes, F., 241 U. Whitehead, J., 395 Underwood, W. M., 314 Whitmarsh, T. H., 269 Whittaker, H., 251 Wilcockson, S., 151 V. Wilde, J. T., & Wilde, W., 314 Wildey, J., jun., 105 Wilkinson, G., & Wilkinson, J., 98 T., 83 Willer, J., 469 Willert, C. R., 358 W. Willet, J., 412 Williams, C., 160 434 H., 255 E., 277 H. D., 400 H., 56 J., 105 H. M., 249 J., & White, C., 469 L., 460 T. R., 271 W. H., 433 S. F., 271 T., sen., 469 12: W., & Sawtell, J., W., 413 359 W. H., 255 J., 209 Williamson, C., 25 160 W. H., 269 J., 500 Willis, J., 277 Walter, M., 468 Wilson, J., 27 J. G., 255 H. C., 302 Winstanley, T., 112 Wanostrocht, N., 393 Wolfenden, T., & Prestwich, J., 231 J., 502 Wood, G., 88 W., & Mellis, J., H., 209 W. P., 96 - J., & Norton, W., 249 J. F., 230 J. W., 492 Watkins, H. D., & Innes, J., W. L., 37 W.R., 251 Woodhead, J., 502 J., & Woodhead, & Mackenzie, M., J., 321 271 Woodroffe, S., 162 C., jun., 493 Woolley, S., & Perkins, B.,401 J., 441 Worssam, C., & Newton, C., L., 484 174 R., & Morris, R., | Worth, E. P., 460 377 W. A., 484 S. T., & Byers, W., Wright, G. F., 151 449 H. H., 107 T., 128 Wyrill, W., 277, 285 Watt, R., 458 Y. Yale, R., 269 J. G., 359 R., & Jackson, R., 285 Snelling, J., 180 46 R. J., 377 Yeardley, J., Yeardley, W., Sothers, L., and Perritt, W., Tregear, A., & Lewis, T. C., W., 37 & Yeardley, E., 287 322 Webster, R., 105 York, H. C., 302 Youle, W., 511 Young, J., 196 West, F. H., 393 Younghusband, T. W., 174 H., 302 Yuill, w., 314 46 277 W. M., No.366-Vol. VIII. JAN. 13, 1844. With Supplement, 28. The following are the Names of the Gentlemen who favour The Jurist with Reports of Cases argued and decided in the several Courts of Law and Equity:House of Lords {we Inner (G.J.P. SMITH, Esq. of the Iniet Temple, Barrister at Law. Court of Queen's Bench Temple; and Privy Council .. J. PULLEINE, Esq. of the Middle {H. W. Cripps, Esq. of the Mid{ dle Temple, Barrister at Law. Temple, Barristers at Law. The Lord Chancellor's SE. T. Hoop, Esq. of the Inner Queen's Bench Bail Court {A.Im Barmas, Esq. of Gray's {* Temple, Barrister at Law Court Court of Common Pleas, including Master of the Rolls Court {G.Temple Bar Ese of the Inner D. POWER, Esq. of Lincoln's Appeals under Registra- Inn, Barrister at Law. tion of Voters Act.. Vicer francellor of Eng: {Tinner Temple, Bari Seat Lake Court of Exchequer .... Barrister at Law. SW.M, Best, Esq. of Gray's Inn, Vice-Chancellor Knights W.W. Cooper, Esq. of the Inner Bruce's Court....... Temple, Barrister at Law. Ecelesija Courtsand. Admi: {Picommons:coolz. of Doctors' Temple, Barrister at Law. LONDON, JANUARY 13, 1844. not more peculiarly attendant upon forms of registra tion, than upon any other forms required by the law As the time for the opening of Parliament ap- for giving effect to transactions. An objection might as proaches, it may not be amiss to recal the attention of well be taken to the prescribing of forms, or, rather, of our readers to a subject, which was some years ago legal requisites, for the execution and attestation of wills, urged and discussed almost to weariness, but which has or to the compliance with any other requisites, in their now for some time slept in an undisturbed obscurity. nature formal, which are made necessary to give comWe allude to the subject of a general registration of pleteness to any legal act. And, secondly, that, if regisdeeds, which, if it is not actually new, has been long tration were general, there would be neither so much enough neglected to have recovered some portion of neglect of compliance with the provisions of the law, freshness, and is, at any rate, sufficiently important to nor so many errors committed in registering, as there be again and again forced upon public notice. are now. The truth is, that, while registration is partial, Many of the objections that have been urged against the attention of the solicitor is not habitually turned to 8 general registry are so futile, that nothing but the it, as it is to those matters of practice which form, of great names under which they have been put forth, necessity, & part of every transaction in which he is could have saved them from instant and scornful rejec- engaged. Besides, the machinery of the present registion. It has been said, among other things, that it ters is notoriously defective; and to argue from the cannot relieve existing titles; that it cannot operate operation of defective and neglected machinery, that beneficially on titles for many years to come; and, the principle of that machinery cannot be applied, is, therefore, there is no hurry. (Vide Sugd. V. & P., 10th in fact, scarcely to argue at all. ed., vol. 3, p. 374). We wonder what the learned au- But the great objection chiefly made, and that which thor of that objection would have said, if, in the tem- is in fact, no doubt, at the bottom of all the objections porary retirement from his valuable public labours, to a general registry, is the hostility of the owners of during which he was supposed to divide his time be- , property to part with their title-deeds, or to let the tween the revision of his works and the pleasures of state of their titles be known; or, as Sir E. Sugden agriculture, some one, seeing him about to increase his expresses the idea, the liking of an Englishman to stores of mast and shade, had said, “ Do not plant that have his “sheep-skins” in his own box, in his own tree; if you do, it cannot give you shade for many castle. But the question, in matters of this kind, years to come, and, therefore, there is no hurry." is not always what a particular class would like or Another objection was, the danger of the inefficiency would think most convenient to themselves, but what of a registry, from the carelessness of the parties or will most tend to the safe and convenient carrying on their solicitors, or of the officers tliemselves, in neglect- of commerce in land. It may be true, that vendors ing to comply with the forms of registration required (and, be it observed, the objection we are discussing is by the law; and allusion was made to the litigation entirely a vendor's objection) may prefer being very occasioned by the present registers, and the expenses of secret about the state of their titles; it may be true, that search. To this it may be answered, firstly, that the it may be more pleasant to them, in dealing with a dangers consequent upon the neglect of legal forms, are purchaser, to leave such purchaser to wring out as be VOL. VIII. A best can the information necessary to protect him; but to flow; and we have no doubt, that, if patentees had it does not follow, that concession to their wishes is been consulted in making the law, they also would have most consistent with sound policy. Perhaps no better liked concealment of their titles; but they have not been answer can be given to the objection than the argu- consulted upon the matter, and the result of the registry ment used by Sir Edward Sugden, (Vol. 3, p. 381), in this case appears to be, not to injure the holder of a in support of it: “No man,” says that learned writer, good title, but simply the intended and proper effect of 66 de to make his private affairs public, and the pub- a registry, to enable any person desiring to acquire prolic have no right to pry into his affairs, except for perty, to ascertain whether the title to the property some legitimate object, and this case presents none; which he desires to acquire, is free from interference by but, if all the dealings of men of property, and all their any other title. title-deeds were to be disclosed to the world, the mischiefs would be obvious; immediate ruin would not unfrequently be occasioned, flaws in titles would be rea OBSERVATIONS ON SOME MODES OF SHORTdily discovered, (for the plan will not add to the ENING THE FORMS OF CONVEYANCES. learning or sagacity of real property lawyers), and Jews would have an opportunity of ascertaining to what ex- Some years ago, a learned writer made a premature tent they could safely satisfy the demands of an improvi- attempt to introduce short forms of conveyances, and dent heir. Many a young man has been saved from ruin sent forth his notions to the world in the shape of a because he had not the means of proving to money- little collection of precedents, with notes, called “The lenders what his interest was in the family property.” | Concise Conveyancer.” At that period, however, the If a man knows that there are flaws in his title which profession had not opened its mind to the idea that any he cannot conceal, he will, of course, not attempt any safety could exist in short forms, and the book to which dealings with his property, and, of course, would not we refer, and on the execution of which we offer no fall under the operation of a general registration; and, opinion whatever, was silently passed by-useless to the surely, it is not meant to be contended that such a person public, and, we believe, at the time, prejudicial to its aushould be protected by the law in concealing the flaws, thor. Since then the modern school of conveyancing for the purpose of dealing! Then, with regard to improvi- has sprung up, and some of the most learned conveydent heirs, supposing it to be the whole object of the law, ancers have applied their abilities in reducing the uninstead of a miserable fraction of it, to protect them, still wieldy bulk of conveyancing forms. The effect has it is plain, that, if the actual extent of their rights been to bring within the sphere of the regular and could be ascertained, they would be able to borrow of scientific conveyancer, abundance of transactions which fair lenders, instead of falling into the hands of the formerly were subjected to all kinds of irregular transJews. fer, exemplifications of what might be termed rather In the discussions upon general registry, more parti- the act of incumbrancing, than of conveyancing; and cularly in the Legislature, the arguments are necessarily as the shortening of conveyances has facilitated the to a great extent one-sided. The interest, or supposed transfer of small properties, so the appetite for such interest, of vendors or owners of land is strongly repre- transactions has increased among the class of small sented, because they form a compact class; purchasers, owners, and the desire for shorter and still shorter and on the contrary, have, as a class, scarcely any existence. more economical modes of transfer has yearly been A capitalist, not intending to purchase, has no interest, gaining ground. This is not, indeed, wonderful, if we and, therefore, no sympathies with purchasers; no recollect that the value of brevity in deeds, is felt not man is, in fact, a purchaser, except for what may be only in the diminution of expense in reference to the termed almost a momentary period, viz. while the pur- particular deed, but in reference to all subsequent transchase is being negotiated and completed. From the mo- actions; that, on every mortgage, on every re-conveyment that it is completed, he becomes a holder, and ance, on every sale, complete or partial, on every fathen his interest and sympathies are with vendors. mily settlement, and last, but not least, in every case This may account for the naïveté with which, on the of litigation touching the premises comprised in the part of objectors to a general registry, the wishes of the original deed, the length of that deed governs the subowners of property are treated as of such paramount sequent expenses; so that a long deed is, in effect, a importance. It must be observed, however, that, in permanent land-tax upon the estate that it conveys. practice, purchasers endeavour, as far they can, to From this conviction, no doubt, have arisen the legiscreate and enforce a registry; the whole doctrine, for lative attempts at introducing Parliamentary formulæ instance, of giving notice to trustees, and others filling for conveyancing, by the aid of which conveyances a fiduciary character, is evidence of this desire. might be made to contain substantively little more There is one species of property, in which a compul- than the designation of the parties and of the presory registry and deposit of title-deeds have always ex- mises, and the words of grant, disposing of all the isted; and, so far as we are aware, not only no mischief, provisoes and covenants by reference to certain Parbut great benefit, both to the public and to the owners liamentary standards. On these attempts, of which of that species of property, has been the consequence. Lord Campbell's ill-fated bill was the last, we shall at We allude to the property of patent rights. The in- present offer no comments, reserving our remarks on rolment of the specification, which the law requires of that mode of shortening conveyances until some further every owner of a patent right, is that complete publica- indication shall appear of the subject being resumed by tion of his title, from which it is said, that, in reference the Legislature. But it occurs to us, that, awaiting to landed property, so much mischief and danger ought | those alterations which the wisdom of Parliament may suggest, there are some very simple contrivances which Court Papers. place within the reach of conveyancers the means of safely effecting considerable abbreviations in deeds, beyond those which the utmost prudent curtailment of CAUSE LISTS.-HILARY TERM, 7 VICT. existing forms, by mere elimination of words, will per Court of Chancery. mit. One very effective curtailment of a deed containing complicated arrangements might, for instance, abridge the space the Cause Papers would otherwise have occu The following abbreviations have been adopted to be obtained by the use of a preliminary interpretation pied :- A. Abated— Adj. Adjourned-A. T. After Term-Ap.. clause-a plan already adopted in many modern acts of Appeal-C. D. Cause Day-C. Costs-D. Demurrer-E. ExParliament, and in some deeds of a peculiar nature, ceptions—F. D. Further Directions—M. Motion-P. C. Pro Confesso-Pl. Plea---Ptn. Petition-R. Re-hearing-S. 0. such as the deeds of settlement of joint stock companies. Stand Over-Sh. Short. Thus, for instance, in any deed, the incessant repetition of Before the LORD CHANCELLOR. the words designating the representatives of the several APPEALS. parties might be got rid of, by a clause declaring, that, Marquis of Westminster v. Strickland v. o. Strickland wherever a party is named, his name shall extend to his Morrison (Ap) SO Ditto v. Boynton (Ap) heirs, executors, administrators, appointees, and assigns, The Sheffield Canal Co. v. The Ditto v. Strickland according to the nature of the estate, unless otherwise Sheffield & Botheram Rail. Weste. Dietroce }(Ap) expressed; or, in a conveyance to trustees upon various Morrall o. Sutton (Ap) S O Brown o. Bees (Ap) trusts, many useless repetitions would be avoided, by a Baillie v. Innes (Ap, part Bruin o. Knott (Ap) declaration, that, wherever the trustees are named, their Ditto v. Palmer heard) Blackford v. Kirkpatrick names shall extend to, and include, them and the sur Tullock o. Hartley (Ap) SOG Oglander o. Williams vivor of them, and the heirs, executors, administrators, Cottingham v. Earl of Benson v. Heathorn (Ap) A Ditto v. Eames Matthew v. Brise (Ap) and assigns of such survivor*. So, in a deed convey Shrewsbury Duke of Leeds v. Earl Aming several distinct sets of parcels by distinct witness- Praed o. Richards }(Ap) hurst (Ap) ing parts, as is, under some circumstances, requisite, a Ditto o. Jerningham Thompson v. Geary (Ap) declaration that the word “appurtenances” should ex- Booth v. Lightfoot (Ap) Spalding v. Ruding (Ap) tend to all the words contained in what are called the Cutts v. Thodey (Ap) Hills o. Nash (Ap) general words, and that the word “ estate” should Selby (pauper)v. Jackson (Ap) Millar v. Graig (Ap) mean estate, right, title, &c., would avoid the fre- Heighington v. Grant(5 causes, Rickards v. Rickards (Ap) quent repetition of precisely the same formulæ, and Sands v. Fincham (Ap) Ap) very materially abridge a deed. And so in regard to any par. Bonser v. Cox (AP, F D) }(Ap) Lord v. Colvin ticular set of words which the frame and objects of the Davenport v. Bishop (Ap) deed would render of frequent occurrence, the declar- Att.-Gen. .. Rickards (Ap) atory clause might provide for their being included in Foster v. Smith (Ap) Clifford v. Turrell (Ap). Parsons v. Bignold (Ap) some one or more of the words in connexion with Bute o. Stuart (E) Forbes o. Peacock (Ap) which they would be introduced. Jones v. Howells Forman v. Nevill (Ap, M) Of the perfect safety of these expedients, there can Ditto v. Godsell}(Ap) Marquis of Hertford v. Lord be no doubt, as they would, in fact, alter nothing of Smith v. Henley (Ap) Lowther (Ap) the forms whose efficacy is tested by practice. All that they would do would be, by one general declaration in a deed, where the same form would have to be Causes, FURTHER DIRECTIONS, AND EXCEPTIONS. frequently repeated, to import it into its proper places. Before the Vice-CHANCELLOR OF ENGLAND, Some care, and the smallest imaginable quantity of Parker v. Bult (D) Patrick v. Richards (F D, C) boldness in a few conveyancers of sufficient distinction Ward v. Weight (D) Fisher v. Great Western Rail to be able to bear that their drafts should be stared Spreadury v. Nicholson (D) way Co. (F D, C) at for a little while, would soon introduce these, or shoobridge v. Woods (D) Whitby v. Hughes some equally harmless contrivances for abridging drafts; St. Victor v. Devereux (D) Caffary v. Caffary and, perhaps, not one of the least beneficial results of Attorney-Gen. v. Baines Leslie v. Verbeke (F D, C) this, as of every successive step in the system of short- Croft v. Waterton Taylor v. Haygarth (F D, C) ening forms of conveyancing, will be, that, as it not Waterton o. Croft Murray v. Stone Att.-Gen. v. Allen (F D, C) only shortens a draft, but increases the inental la- Farmer v. Farmer Ditto v. Ditto bour of the draftsman, for the sole purpose, and with Simpson v. Holt the effect of lessening for ever after the expenses of the Beresford v. Armagh (E, F D) Bailey v. Runcy (F D, C) Hancock v. Harborne Bentley o. Smart March 1 owners of the estate, it must tend to accelerate the dis- Graham v. Williams (F D, Cooper v. Carrington solution of the system of remunerating the draftsman part heard) Lee v. Leeming according to the length of his drafts,—a system, which, Cordy v. Williams (Cause) Smith v. Compton we shall not cease to repeat in these pages, is, and has Wyatt v. Dalrymple Hill v. Sanders long been, we believe, as odious to the great majority New Zealand Co. v. Barnewall Smith v. Falconer of solicitors, as well as counsel, as it is manifestly ab- Wright v. Barnewall Cooke v. Smith surd and impolitic. Bowers v. Sherman (F D) S Hardy v. Hull Shackell v. Duke of Marlbo- Wellesley v. Wellesley (3 MASTER IN CHANCERY.— The Lord Chancellor has rough (re-hearing) S O causes) appointed John Nicholas Richards Millett, of Penzance, Foley v. Hill (F D, C) SO Martin v. Maughan (F D, C) Cornwall, Gent., to be a Master Extraordinary in the Davis v. Beavan High Court of Chancery. Wright or beworms }(F D, c) Detienen Chanter (poleceuses ) Curzon v. Belworthy March 2 * We have now before us a precedent, in which, in a por- | Williams v. Jones London & Greenwich Railway tion of a conveyance to trustees, extending over about six Sutherland v. Abington (F D, Company v. Goodchild (E) folios, the above words occur six times. A declaratory clause, C) Walton o. Merry Jan. 12 such as that suggested, would, probably, in a long trust-deed, abridge it under that one head alone by many folios. } D,C) }(PD, C) Ravenscroft hauPcisby }(E) Tatam. J. Williams (2 causes) Baktips . Phillips (FD; E) Before the Vice-Chancellor Knight Bruce. Hill v. Maurice Smith v. Wyatt -(F D, C) Proudfoot v. Hume Day to be | Wall v. Birdsworth Evans v. Brown Attorney-Gen. 7. Mayor &c. of Leicester Dodsworth v. Lord Kinnaird Westover o. Chapman Donovan v. Needham (F D, I Smith o. Earl of Effingham (at defendant's request) Jumpson o. Pitchers Castle v. Eate Kyan v. Dunn (F D, Ptn, Davis o. Jumpson C, Ptn) sh Merle o. Bean (F D, C) Moore v. Farrand Heisch v. Nimes (F D, C) Attorney-Gen. o. Day Court of Queen's Bench. Quicke v. Leech CROWN PAPER. c) For Wednesday, the 17th January. Bird v. Blyth (F D, C) Pilchody o. Caldwell Ditto v. Heberden (F D, Staffordshire.... Reg. o. The Company of Proprietors of the Grand Junction Railway (Order of Sessions). Stamford ... Garrett v. Smith Jan. 25 (3 causes, F D, C) · William Thompson (Order of Town Council). Yorkshire... Inhabs. of Airton (Order of Sessions). England to V. C. Knight Walbank v. O'Brien Somersetshire. Frederick Ricketts and Others (InBruce by Lord Chancellor's Ditto o. Ditto quisition). Order. Ditto v. Marwood Cornwall Inhabitants of Peranzabuloe (Order of Gough o. Andrews Sapte o. Ward Sessions). Berwick Reid v. Territt Hull and Leith Steam Packet Com. Greenway v. Bromfield Booth v. Vicars (F D, C) Burgess 0. Burgess pany (Inquisition). Same (Ditto). Inhabs. of Leominster (Order of Ses). Middlesex Inhabitants of St. Paul, Covent-gar den (Ditto); Osborne 0. Forman (Deft.'s | Jenkins v. Scowcroft Wiltshire Inhabitants of Westbury (Ditto). objection to want of parties) | Lowes o. Lowes For Saturday, 20th January. Lancashire.... Inhabitants of Pilkington (Ditto). Northern and Eastern Railway Com. Bulmer o. Allison Jan. 13 Ellis v. Lewis (F D, C) pany (Demurrer). Simes v. Hardy SO Fletcher o. Stevenson (F D, C) Ditto v. Masefield Lee v. Pain (E, 5 sets) SO London Gazettes. FD) TUESDAY, January 9. INSOLVENT. New Causes. street, Middlesex, bookseller. March v. Badder BANKRUPTS. Walker o. Hodson Attorney-Gen. o. Northcote Goodchild v. Dyer Wyllie v. Dickinson (4 causes) CALEB CLARKE, Banbury, Oxfordshire, linen draper and Delandier v. Morson Hardy v. Hardy hosier, Jan. 19 at half-past 11, and Feb. 16 at 11, Court of Moody v. Hebberd Sowerby v. Clayton Bankruptcy, London : Off. Ass. Whitmore; Sols. Sole & Sole, Aldermanbury, London.– Fiat dated Dec. 30. JAMES TURNER, Honduras-bouse, Grange-place, Hox. 3, and Feb. 16 at 12, Court of Bankruptcy, London: Off. -Fiat dated Jan. 5. ALEXANDER BLAZDELL, Upper Charlotte-street, Fitz- Attorney-Gen.v. Coopers' Co. roy-square, Middlesex, harp maker, Jan. 16 at 2, and Feb. Duke of Brunswick v. King of (F D, C) 13 at 12, Court of Bankruptcy, London: Off. Ass. Green ; Hanover (D) Dryden o. Foster (FD, C, & Sols. à Beckett & Co., Golden-square.-Fiat dated Dec. 26. Danson . Ditto Pleas AND DEMURRERS. supp. bill) ARCHIBALD SCOTT, Cambridge-street, Golden-square, Edwards v. Harris Westminster, Middlesex, auctioneer and appraiser, Jan. 16 at half-past 12, and Feb. 16 at 12, Court of Bankruptcy, deft. Henry Cheetham & Burrell v. Earl Egremont (pt. London: Off. Ass. Green; Sols. Davies & Son, Warwickors.) heard) street, Regent-street.—Fiat dated Jan. 5. GEORGE SMITH, Northampton, carpenter and builder, Jan. 16 at 12, and Feb. 14 at 1, Court of Bankruptcy, London : Off. Ass. Lackington ; Sol. Wright, New-inn. Fiat dated Jan. 5. D) JOHN SHERWOOD, Wood-street, Cheapside, London, Flower v. Hartopp (F D, C) Att.-Gen. v. Prettyman stationer, Jan. 26 at half-past 12, and Feb. 16 at 12, Court Ditto v. Dean of Lincoln of Bankruptcy, London: Off. Ass. Edwards ; Sol. Har. Ditto v. Pearson Strangeways o. Morton man, 6, Earl-street, Blackfriars.—Fiat dated Dec. 30. Fowler v. Ward HENRY ORBELL, Romford, Essex, victualler, Jan. 25 at Ditto v. Taylor C) Ditto v. Earl of Derby 2, and Feb. 20 at 11, Court of Bankruptcy, London : Off. Inman v. Whitley Ass. Groom ; Sols. Flower, Romford ; Gadsden & Flower, Pain v. Hughes Ditto v. Ditto 14, Furnival's-inn, London.-Fiat dated Jan. 6. Ditto v. Tebbutt -(E) Dingwell Fordyce v. Bridges GEORGE COTTON BRIDGE, Maldon, Essex, grocer, Ditto v. Brightmore Wood v. Wood Jan. 19 at half-past 2, and Feb. 16 at 11, Court of BankChapman v. Shillito (aster M) Canning v. Bell (F D, C) ruptcy, London: Off. Ass. Groom; Sols. Stevens & Co., Davis v. Prout Walklin o. Histed (PC) 6, Queen-street, Cheapside.--Fiat dated Dec. 29. Bittard Staplerce } Gamble vpGibson }(F D, C) } } |