And on the subsequent
Days till the last-

Seal

Places appointed for the Trial of Issues.

At the Rolls.-Causes,
Further Directions,
and Exceptions, in
the General Paper.

On the Day after the last Seal at the Rolls, on

Petitions.

Friday in each Week, during the Seals-Further Directions, and Petitions by Consent.

The Sittings at Westminster will be in his Honor's New Court. The entrance faces Saint Margaret's Church.

PLACES APPOINTED FOR THE TRIAL

13

At Preston, on Tuesday, the 14th of January, 1834, for the Northern Division.

At Liverpool, on Wednesday, the 15th of January, for West Derby Hundred.

At Manchester, on Thursday, the 16th of January, for Salford Hundred.

Inquiries and Issues from the Superior Courts, in actions for demands under 201., pursuant to the late act, for the Further Amendment of the Law, and the Better Advancement of Justice, may be tried at any of the above places, being entered in the paper at the Sheriff's Office in Preston, on the Monday preceding each Court. The Court to begin at ten o'clock in the forenoon each day. EDMUND LODge, Acting Under-Sheriff, for WILLIAM ROWSON, Esq., Under Sheriff.

OF ISSUES UNDER THE LAW Sheriff's Office, Preston,

AMENDMENT ACT a.

22nd Oct. 1833.

E. CHESTER, Staple Inn,
London Deputy.

LANCASHIRE.

der Sheriff.

CARMARTHENSHIRE.

I, David Lewis, High Sheriff of the said county, do hereby give notice, that I will, once every month during my sheriffalty, hold a Court at the Shirehall, in the town of Llandilo, all issues that may be directed to me, by virtue in the said county, for the purpose of trying of an act passed in the third and fourth years of the reign of his present Majesty, King WilFurther Amendment of the Law, and the Better liam the Fourth, intituled, "An Act for the

Advancement of Justice."

And, I do hereby further give notice, that the first Court for the above purpose will be held on Thursday, the 24th instant, and so from month to month so long as I remain in

office.

It was ordered by the Court, that the next County Court, and every alternate County Court thereafter, shall be holden by adjournment, on the second day of the sitting of such Court, in the town of Liverpool, for the perfecting of Inquiries, and the Trial of Causes, in cases wherein the residence of the plaintiff's attorney, or the plaintiffs themselves, when suing in person, shall be within the hundred of West Derby, and that no such causes shall be tried at Preston, at any Court which shall be Day of Oct. 1833. adjourned to Liverpool as aforesaid; but nevertheless, such causes may be tried at Preston as heretofore, at any Court which shall not be so adjourned.

In pursuance of the above order the County Courts of the present Sheriff will be held as

follows:

Dated this 18th

DEVONSHIRE.

DAVID LEWIS.

Notice is hereby given, that the Sheriff of Devon will, in pursuance of the act 3 & 4 W. 4. c. 42, hold Courts at the places and on the days following, for the trial of all such actions (where the sum sought to be recovered, and At Preston, on Tuesday the 19th of Novem-indorsed on the writ of summons, shall not ber, 1833, for the Northern Division of the exceed 20.), as shall be directed by either of the Superior Courts at Westminster, to be tried in Devon, that is to say,

county.

At Liverpool, on Wednesday, the 20th of November, for West Derby Hundred.

At Manchester, on Thursday, the 21st of November, for Salford Hundred.

At Preston, on Tuesday, the 17th of December, for the Northern Division, and West Derby Hundred.

Exeter. At the Castle of Exeter, on Wednesday, the 6th of November next, and every alternate Wednesday during the Sheriffulty of John Quicke, Esq.

Plymouth.-At the Guildhall, Plymouth, on Wednesday the 13th of November, WednesAt Manchester, on Thursday, the 19th of day 11th of December, Wednesday 8th of JaDecember, for Salford Hundred.

a See Vol. 6. p. 494, for the places appointed in Derbyshire, Nottingham, Northumber land, and Yorkshire.

nuary, and Wednesday 5th of February next. Barnstaple.-At the Guildhall, Barnstaple, on Friday the 15th of November, and Friday the 10th of January next.

At eleven o'clock in the forenoon of each of the said days.

14

Places appointed for Trial of Issues.-Answers to Queries.—Queries.

Provided that the writs commanding the Sheriff to try the issues be delivered at the Under sheriff's Office in Exeter four clear days before the Court-day on which the same are to be tried. HEN. W. FORD

Dated Under-sheriff's Office, Exeter, Oct. 21, 1833.

Under-sheriff.

[We think much credit is due to the Undersheriffs in general for the prompt attention which they have paid to the interests of the suitors, by the appointment of Monthly Courts; and in Lancashire, it will be observed, where the business is unusually extensive, the Undersheriff incurs the expense of appointing barristers as assessors.—ED.]

ANSWERS TO QUERIES.

Law of Landlord and Tenant.

EXECUTION. RENT. P. 462.

1. Before the removal of goods, the party at whose suit the execution is sued out shall pay the landlord such sums as shall be due for rent, providing it does not amount to more than one year's rent; and the sheriff can levy and pay to the plaintiff as well the money so paid for rent as the execution money; see 8 Anne, c. 14. But notice to the sheriff must be given in order to subject him to an action; and unless the rent be paid the sheriff must quit; and if he does not quit, a special action on the case lies against him after notice of the rent due. See 2 Wilson, 141. R. C. S.

2. Goods in the custody of the law cannot be distrained for rent. The sheriff being in possession, under execution, a distress supervening is bad. By the statute 8 Anne, c. 14, 8. 1, the sheriff is bound to pay to the landlord only the rent (not exceeding a year) due at the time of the levy.

RENT IN ADVANCE. P. 463.

Ω.

Law of Property and Conveyancing.

LEASE.-EXECUTORS.

P. 463.

If the lease was for years, it would go to the executors, because personalty; if for lives, the executors would take it under the statute of Charles the Second. Ω.

A. distrains on the goods of B. for rent in arrear, and retains possession till the sixth day, when he appraises and sells them, but without having first searched the sheriff's office to ascertain whether a replevy had been entered; B. had given the usual bond to the sheriff's deputy (the distress being made in the country) in the morning of the sixth day, but the bailiff did not appear with the warrant till late in the evening of the sixth day, the goods having been then all sold. Can A. justify such sale? M. J.

SUB-LESSEE'S LIABILITY.MORTGAGE.

4. leases certain property to B. at 50l. a year; B. leases the same to C. at 401. a year; and C., after underleasing them to other parties at 807. a year, mortgages them to D., who calls upon and receives from B. the 10%. a year, and pays 501. rent to A.; C.'s lessees quit the premises, and A. finding nothing left to distrain on compels B. to pay 12/. 10s., the quarter's rent; C. is insolvent. Can B. compel D. to pay 107., a quarter's rent, D. being mortgagee, and having received the quarter's rent from C.'s lessees on their leaving?

E. S.

Law of Property and Conveyancing.

FREEHOLD TITLE.

Since the statute 3 & 4 W. 4. c. 27, (§§ 2 & 24) and after the last day of the present year, will a purchaser of a freehold estate be bound to accept a 20 years' title, in the same manner as heretofore he has been bound to accept a 60 years' title?

A CONSTANT READER.

MORTGAGE.-SALE.-DAMAGES.

A., owner of an estate in mortgage to B. for 25001., sells it to C. for 4000l., to be paid in equal portions, with interest in January, July, December, and June, on payment of which

Queries.

J. S.

15

REMEDY AFTER ASSIGNMENT.
It is said that covenant lies in all cases whilst

specified portions of the estate were to be con- | Uniformity of Process Act, directs that the veyed. The agreement states, that in default writs for the commencement of actions issued in in payment the agreement is to be void, and A. pursuance of that act, are to be executed within is not to be compelled to perform it in law or four calendar months from the date thereof, equity; that it shall not be necessary for A. to and not afterwards, but nothing is stated in the tender any conveyance to C., the time appointed 3 & 4 W. 4. c. 67. Writs of execution issued for payment being considered the essence of under the old practice were held not to be the agreement, and in default the agreement is good if they were not made returnable in the to be void, and any loss or damage sustained by next term after the issuing thereof. C. in consequence is not to be recoverable in law or equity. The first 1000l. was not paid until after the second was due, C. not being able to pay it before. The times appointed for payment of the balance have gone by, and A., in consequence of not being able to pay B's there remains a privity of estate between the balance, through C.'s default, has been threat-lessor and lessee, and debt where the privity of ened by B. with a foreclosure. What remedy estate is gone and privity of contract only rehas 4. against C. for the interest on the pur- mains, and that the privity of estate is destroyed chase money, and the loss which he will sus- by assignment by the lessee. Doug. 736; 3 Wils. 25. But in Noy's Max. 91; Cro. Car. tain by B.'s foreclosure? 418, it is stated that if a lessor receive rent of an assignee, knowing of the assignment, he has made his election, and shall not afterwards have debt against the lessee, but he may have covenant, which being a personal engagement is not waived by the assignment. Will debt or covenant, and if either, which, lie under these circumstances, or is the lessee discharged? J. L.

Practice.

ISSUES UNDER LAW AMENDMENT ACT.

Z.

In the form of the writ of issue to the sheriff, under the late act of 3 & 4 W. 4, c. 42, in the number for 12th October, p. 452, I observe two blanks, with no explanation given as to the dates to be inserted therein. Probably some of your correspondents can inform me the correct mode of supplying those dates. In the first, whether to insert the date of the issuing of the writ, or of filing the declaration; in the second, whether it should be the date of the appearance or the day of filing the plea. A diversity of opinion appears to exist among practitioners upon these points.

EXECUTION. SCI. FA.

A. L.

Writ of inquiry executed on the 14th, final judgment signed on the 22d, and cu sa. issued on the 27th of June 1832, returnable on the

2d of November; defendant not being taken, an alias ca, sa. was issued on the 31st of December, returnable on the 11th of January 1833; this writ expired without a caption, and no writ has been issued since, neither has the sheriff been required to return the ca. sa. or the alias. Can the plaintiff, on procuring at the present time a return to the ca. sa., issue a pluries without a sci. fa.?

EXECUTION, 3 & 4 W. 4. c. 67.

*S.

When will a writ of execution, issued under the authority of 3 & 4 W. 4. c. 67. § 2, be considered out of force? The section cited authorizes the testing of writs of execution on the day they are issued, and to be made returnable immediately after execution thereof; but the act is quite silent as to when they are to be out of force, or considered to have run their length, so as to require the issuing of a fresh writ of execution. The act of 2 W. 4. c. 39, called the

NEW RULE TO PLEAD.-JUDGMENT. Writ of summons served on the 12th of February, appearance entered sec. stat. on the 12th, and declaration filed on the 27th of April, notice of declaration left and rule to plead given on the 6th of May; defendant has judgment. Can the plaintiff now sign judgnot pleaded, neither has the plaintiff signed ment without giving a fresh rule to plead; and if it is necessary, can a rule be given before the 24th of October? S.

UNIFORMITY OF PROCESS AMENDMENT ACT.

the uniformity of process (2 W. 4. c. 39), and Referring to the first section of the act for the first section of 3 & 4 W. 4. c. 67, can any writ of summons be now legally issued out of either of the superior courts, other than into the county of Middlesex from the Court of King's have been issued since the date of the latter act (28th August last) into other counties than that from the King's Bench, and into all the coun ties from the two other superior courts? and are they not liable to be set aside upon summons before a Judge ?

Bench? and are not all such writs bad which

Common Law.

INFANT. LIABILITY.

S. T.

Miscellanca.-Editor's Letter Box.

16

MISCELLANEA.

TRYING TITLES IN HINDOSTAN.

According to the Asiatic Researches, a very curious mode of trying titles to land is practised in Hindostan: two holes are dug in the disputed spot, in each of which the plaintiff's and defendant's lawyers put one of their legs, and remain there until one of them is tired, or complains of being stung by the insects, in which case his client is defeated. Mr. Crisp, from whom we extract this, says, "in this country it is the client, and not the lawyer, who puts his foot into it." The learned "Conveyancer's Guide" does not say whether the lawyer was of the class attorney or barrister, nor whether the duty might be done by deputy. Quære, also, whether the insects were of the order of legal sinecurists, which in other places, as well as Hindostan, tire both lawyer and client.

A STAMP EQUIVALENT TO A SEAL.

gratified that we are the means of communicating to that capital that passes in the English Law world." We shall esteem it a favour to receive the proposed contribution, whenever convenient.

The Paper on the Customs Laws shall have our early attention.

of Registering Deeds," which have always The valuable Summary of the former “Plans failed, we hope to insert next week.

The Observations relating to the Character of the Profession, by a Correspondent at Bath, shall be immediately considered.

The Queries and Answers of J. C.; J. S.; W. D.; T. B. ; 2. ; J. B. ; C.; Juror; S. F. C.; a Subscriber; T. T. P.; Causidicus; and A. F. C., have been received.

The Third Part of the Commentaries is now published, containing the Chancery Regulation Act, the Judges in Bankruptcy Act, the Uniformity of Process Amendment Act, the Assizes Act, the Payment of Debts Act, and other Acts, with Practical Forms Title Page, Preface, and Index, price 2s. 6d.

A power was given to appoint by writing "under seal." The party made a will, or codicil, on stamped paper, and according to the report of the case (Sprange v. Barnard, 2 B. C. C. 585) it was held, at the Rolls, to The whole volume of Commentaries, shewhave been a good execution of the powering the Alterations effected by the important "the stamp being equivalent to a seal." Mr. THIRTEEN ACTS of the Session relating to the Watkins observes (Princ. Conv.), "if the Law and Practice of the Courts, with the Acts stamp can be considered as a seal, it must be verbatim, and Practical Forms rendered necesthat of the commissioners for managing the sary by the alterations, may now be had of the stamp duties, or at least of government, and Publisher, price 78. 6d. not of the person writing on the paper stamped. If I sign a receipt for fifty shillings upon stamped paper, will the receipt be an instru

ment under seal ?"

THE EDITOR'S LETTER BOX.

The suggestion of the Secretary of a Provincial Law Society is important; but we question the propriety or expediency of publishing the list he mentions. For the present we think he should address his communication to the Incorporated Law Society.

The acts of the last session of 3 & 4 W. 4., the time of passing which we did not give in our general list of the public statutes, viz. cap. 88 to 93, received the royal assent on the 28th August.

We are obliged by a communication from an eminent law authority at Paris, and are

The following Reports of Commissioners are printed verbatim, and may be had either singly or together:

The Third Report of the Common Law Commissioners, on Pleading and Practice, price 28. 6d.

The Fourth Report of the Common Law Commissioners, on Imprisonment for Debt, price 28.; and Supplemental Paper by Mr. Serjeant Stephen, 18.

The Fifth Report of the Common Law Com missioners, on Local Courts, price 18.

The First Report of the Real Property Com missioners, on Dower, Inheritance, Curtesy, Fines and Recoveries, and the Limitations of Actions, price 2s.

The Third Report of the Real Property
Commissioners, on Tenures, Rights of the
Church, &c., price 2s.

The Fourth Report of the Real Property
Commissioners, on Wills, price 28.
Also, the Reports of the Ecclesiastical Com
missioners, &c. &c.

The Legal Observer.

SATURDAY, NOVEMBER 9, 1833. No. CLXXII.

"Quod magis ad NOS

Pertinet, et nescire malum est, agitamus."

ON THE CHARACTER AND MERITS, technical information of the one, mixed up
OF THE PRESENT LORD CHAN-
CELLOR AS A LAW REFORMER.