COUNTY No. 88. VOL. VII. THE COURTS CHRONICLE. EDITED BY MORGAN LLOYD, ESQ., BARRISTER-AT-LAW. Residence and Park, on the borders of the New Forest, mid SEPTEMBER, 1854. way between Southampton and Salisbury, and Six Miles BEDFORDSHIRE. BEDFORDSHIRE.-Streatley from the Romsey Station. O To be LET, with immediate occupation, House, in perfect repair, possessing every requisite for a large family, with stabling, coach-houses, gardener's cottage, pleasure grounds, walled-in garden, and a park, containing 30 acres, surrounding the house. Rent, 1257. Landford is healthily situated on a dry soil, with good gravel roads. For further particulars, apply to Messrs. ATTWOOD and RIGDEN, Salisbury. Fordham, Cambridgeshire. be LET, with Immediate Possession, WATERMILL, containing 5 pairs of Stones, with the us ful Machinery, to which is attached a steam-engine of 8-horse power. a good Dwelling-house and Offices, with Stable, Cartshed, and other outbuildings. Also a WINDMILL, driving 2 pairs of Stones, with suitable Machinery; about 3 acres of Pasture Land adjoining the Watermill, can be added to the occupation next Michaelmas. The Windmill may be hired separately. Fordham is 8 miles from Ely, 4 from Newmarket, and 3 from Soham. At Ely and Newmarket are the Eastern Counties Railway Stations, and at Soham there is a navigable river by which four can be shipped to London, Cambridge, and Lynn. For particulars, parties are requested to apply to Messrs. ROBERT WRIGHT & SON, Land Agents, Norwich; and JOHN OLLEY, at the Entrance Lodge to Fordham Abbey, will shew! the premises. Residence in Hampshire. Parish. -To be SOLD by AUCTION, in lots, in the latter end of the month of OCTOBER next, of which due notice will be given, pursuant to a decree of the High Court of Stapleton & Carter," TWO valuable FREEHLOD ESTATES, in the above parish, tithe-free, one called the Lower Farm, consisting of a farm house and barns, and about 474 acres of land, in the occupation of Mr. William Woodham; and the other called the Upper Farm, consisting of a farm house, barns, and about 355 acres of land, in the oecupation of Mr. Francis Davis, together uith the timber thereon. Also certain tithe-rent charges in the same parish, of the annual value of 744. or thereabouts. The farms may be viewed with permission of the tenants, and further particulars will shortly be published. T FREEMAN and BOTHAM, 39, Coleman-street, London, Plaintiff's Solicitors. MATRIMONIAL INSTITUTION, Founded 1846. Offices, 12, John-street, Adelphi, and 18, Nassau-street, New York.-This institution has been established many years (with great success), as a medium are desirous of forming Matrimonial Alliances, but who, from some cause or other, cannot find Partners in their own circle of acquaintance, suitable in position, &c. The strictest honour and secresy is maintained in every case.-Prospectuses, Applications, Forms, Rules, and every information, sent free to any naine, initials, or address, on receipt of 12 postage stamps. By order of the Directors, LAURENCE CUTHBERT. 12, John-street, Adelphi, London. PAINS IN THE BACK, GRAVEL, LUMBAGO, RHEUMATISM, GOUT, INDIGESTION, FLATULENCY, NERVOUSNESS, DEBILITY, &c. DE ROOS' COMPOUND RENAL be SOLD by PUBLIC AUCTION DRILLS, as their name Renal (or the Kidneys) indicates, (pursuant to a Decree of the High Court of Chancery made in a cause "Hingston v. Lyne," with the approbation of John E. Blunt, Esq. one of the Masters of the said Court), at WEBB'S ROYAL HOTEL, Torquay, in the County of Devon, on WEDNESDAY, the 6th day of SEPTEMBER next, at TWO o'clock in the afternoon, in 2 Lots, by Messrs. STARK and BURT, the persons appointed by the said Master, THREE ELIGIBLE FREEHOLD MARINE RESIDENCES, and desirable Sites for building other Marine Villas, with the Gardens, Plantation, and Land thereto belonging, adjoining the Goodrington Sands, near Torquay, are a most safe and efficacious remedy for the above dangerous complaints. For depression of spirits, incapacity for society, study, or business, giddiness, drowsiness, nervous. ness, and insanity itself, when arising from or combined with urinary diseases, they are unequalled. Price is. 1d., 2s. 9d., 48. 6d, 11s., and 33s. per Box, through all Medicine Vendors, or sent (free) on receipt of the amount in postage stamps, by Dr. DE ROOS, 35, Ely Place, Holborn, London. At Home for consultation daily from 11 till 4 o'clock, Sunday excepted. Advice and Medicines, 17. Occupations of Mr. Drake and Mrthcothers are in the several HOLLOWAY'S PILLS, remarkable for Snow. TO be LET, FURNISHED, a handsome country, of Christopher Mick-street. Strand: and in the modern MANSION, called "MARWELL HALL," in good repair, fit for immediate occupation, and well suited for a large family, with excellent stabling, coach-houses, &c., and 45 acres of land surrounding the house. Rent, 2007., free from all rates and taxes. Marwell is five miles from the Bishopstoke Station on the South-Western Railway, and about two and a half hours' journey from London. For further particulars, apply to Messrs. ATTWOOD and RIGDES, the Close, Salisbury. Althorne, Essex. curing various diseases. These pills rank in the estimation of the highest classes of society as a medicine standing pre-eminent to all others now in existence for the cure of Nervous Diseases. No language can convey an adequate idea of the immediate and almost miraculous change which it occasions in discased and shattered constitutions; debility and nervousness vanish under its influence, and a perfect cure is effected. The pills are equally useful in preventing confusion, giddiness, and rush of blood to the head, and similar distressing symptoms. They purify the blood, promote the appetite, and add increased energy both to mind and body. Sold by all Druggists, and at PROFESSOR HOLLOWAY'S be SOLD by PUBLIC AUCTION Establishment, 244, Strand, London. (pursuant to a Decree of the High Court of Chancery, made in a cause, "Hingston r. Lyne," with the approbation of John E. Blunt, Esq., one of the Masters of the said Court), at Webb's Royal Hotel, Torquay, in the county of Devon, on WEDNESDAY, the 6th day of SEPTEMBER next, at TWO The LET by TENDER, from HALL ESTATE, containing about 370 acres of excellent Arabie and Pasture LAND, in a high state of cultivation, with gentlemanly residence, suitable farm buildings, cottages, wharf, &c., pleasantly situated on the river Crouch, and within 3 miles of the Port of Burnham, and 8 miles of the market town and port of Maldon. Tenders for the same to be sent to Mr. WILLIAM WIX, the Clerk of St. Bartholomew's Hospital, from whom further particulars may be obtained, or from Mr. TATHAM, Land Surveyor, 27, Bedford-place, Russell-square, London. References will be required. WILLIAM WIX, Clerk. St. Bartholomew's Hospital, August 1st, 1854. To BURT, the persons appointed by the said Master, THREE eligible FREEHOLD MARINE RESIDENCES, and desirable sites for building other marine villas, with the gardens, plantations, and land thereto belonging, adjoining the Goodrington Sands, near Torquay, one of which is unoccupied, and the others are in the several occupations of Mr. Drake | and Mr. Snow. Printed particulars and conditions of sale may be had gratis in London, at the said Master's Chambers, Southhampton-buildings, Chancery-lane; of Messrs. J. E. Fox and Son, solicitors, Finsbury-circus; and of Messrs. Campbell and Witty, Solicitors, Essex-street, Strand; and in the country, of Christopher Vickry Bridgman, Esq., Sylicitor, Tavistock; and of Christopher Childs, Esq., Solicitor, Liskeard; and also of Messrs. Stark and Burt, Auctionerrs, Torquay, J. E. Fox and Sox, Plaintiff's Solicitors, 40, Finsbury-circus. influential society, centred with a mansion and park, To be SOLD, pursuant to an Order of ornamentally timbered. Rent, 5501 Apply to Mr. BELL WILLIAMS, 16, Castle-street, Liverpool. ΠΟ the High Court of Chancery, made in a cause "Digby r. Boycatt," with the approbation of the Judge to whose Court the said cause is attached, by Mr. WILLIAM SMITH, the To be SOLD (Monmouthshire), a valuable auctioneer appointed to sell, at the STILL. LXX. in the town of Boston, county of Lincoln, on WEDNESDAY, the 20th day of SEPTEMBER, 1851, at SIX o'clock in the evening, certain FREEHOLD ESTATES and PREMISES, consisting of the following lots:-Lot 1. A piece or parcel of arable land, containing 6a. 2r 25p (more or less), situate in the parish of Frieston, in the county of Lincoln. Lot 2. A farm-house, stable, barn and outbuildings, and 28a. 2r. 33p. (more or less) of pasture land, also situate in the said parish of Frieston. Lot 3. A farm-honse, stable, barn, and other outbuildings, and 370a. Ir. 32p. (more or less) of arable and pasture land, situate in Holbeach Marsh, in the parish of Holbeach. in the county of Lincoln. Printed particulars may be had (gratis) in London of Mr. Alger, Solicitor, 37, Bedford row; Messrs. Clowes, Wedlake, and Clowes, Solicitors, 10. King's Bench-walk, Temple; and of Messrs. Sharpe, Field, and Jackson, Solicitors, 41, Bedford-row; and in the country of Sir William Foster aud Co., Solicitors, Norwich; Messrs. Millington and Cooke, Solicitors, Boston; Messrs. Caparn and Ayliff, Solicitors, Holbeach; THE CRITIC, LONDON LITERARY JONRNAL, is now the most complete of the Literary Journals, besides being first in point of circulation. Every new publication of importance, both Home and Foreign, is carefully and promptly reviewed in its pages; and a department has recently been opened for elaborate notices of all the NEW WAR BOOKS. Summaries of Literature and Literary Progress are regularly provided, as also the Sayings and Doings of the Literary World, records of Science, Art, Architecture, Drama, Music, and Popular Medicine. Correspondents in America, Italy, and various parts of the Continent, furnish full and important accounts of the progress of Literature and Art abroad; thus rendering THE CRITIC the most perfect and entertaining Journal of Authors and Books. Price 6d. or 74. stamped for post. Published on the 1s. and 15th of each month. Subscription 3s. 6d. per quarter, or a discount of Is. on the quarter allowed, if paid in advance at the office. A specimen copy sent for seven stamps. London: JouN CROCKFORD, 29, Essex-street, Strand. Neatly ready, 150 pp., 100 Woodcuts, and Ten Plates, price 58. To be SOLD by PRIVATE CON- with convenient Mansion House, Out-buildings in thorough repair, and about 250 acres of exceedingly fertile Meadow, Arable, and Hop Land, within a Ring Fence, situate on the high road from Hereford to Worcester, midway between these Cities, and within 5 miles of aproposed Railway Station. The Land is a clayey loam, thoroughly drained, and well adapted for an experimental farm, or as a residence for a gentleman wishing to cultivate his own estate. For particulars, apply to Mr. G. H. PIPER, Solicitor, Ledbury. Republished from the Clerical Journal and Church and University Chronicle. With additional Engravings and Plates. MARY STENT, formerly Mary By the Rev. EDWARD L. CUTTS, B.A., Honorary Secretary Poulton, the sister of Robert Poulton, of Tingrith, Bedfordshire, farmer, or Robert Poulton, of Eversholt, Bedfordshire, or of Stepney, Middlesex, believed to have been employed in the Docks or Customs, or either of their personal representatives, will apply to Mr. Jos. Fallows, Solicitor, 198, Piccadilly, London, they may HEAR of SOMETHING to their ADVANTAGE. of the Essex Archæological Society; Author of "The Manual of Sepulchral Slabs and Crosses," published under the sanction of the Central Committee of the Archæological Institute of Great Britain and Ireland, &c. Copies may be obtained, postage free, direct from the publisher, or by order of any bookseller. JOHN CROCKFORD, 29, Essex-street, Strand. Warren's Brief Paper Nash's Brief Paper Note Paper, Albert size, Yellow Wove £ s. d. ditto ruled for costs Laid Draft paper Ditto Ditto 0 8 9 Ditto ditto Cream Laid The Second Edition of HE PRACTICE of MORTGAGES of REAL and PERSONAL ESTATE, with Precedents of of Forms adapted to every kind of Mortgage Security, and all the Decisions, &c. to this time. By WILLIAM HUGHES, Esq., Barrister-at-Law, author of "The Practice of Sales of Real Property." London: JonN CROCKFORD, 29, Essex-street, Strand. THE The Second Edition of PRACTICE of SALES of REAL PROPERTY, with Precedents of Forms adopted to the present state of the Law. Comprising Particulars and Conditions of Sale, Contracts, Conveyances, Assignments, Disentailing Deeds, and every mode of Assurance for conveying Landed Property. By WILLIAM HUGHES, Esq., Barrister-atLaw. Price 31s. 6d. cloth; 35s. 6d. half-calf; 37s. 6d. calf; and Is. 6d. extra for interleaving each volume. N.B.-It contains the New Stamp Duties. THE PRINCIPLES of COMMERCE and COMMERCIAL LAW. By Sir GEORGE STEPHEN, Barrister-at-Law. Price 7s. 6d. cloth; 8s. 6d. half-bound; 9s. bound. JOHN CROCKFORD, 29, Essex-street. Just published, THIRD EDITION of the NUISANCES 26. Conveyance of a remainder in fee, limited by way of REMOVAL ACTS, with all the Rules and Orders issued thereon, and a copious Index. By T. W. SAUNDERS, Esq., Barrister-at-Law. Price 4s. 6d. cloth. London: JOHN CROCKFORD, 29, Essex-street, Strand. THE SECOND SECOND EDITION of the MILITIA ACTS, containing the New Statutes, with all the New Orders as supplied by the War Office. By THOMAS W. SAUNDERS, Esq., Barrister-at-Law. Price 88. 6d. cloth; 10s. half-bound; 11s. bound. 0 7 0 036 ditto 0 4 9 ditto 0 6 6 ditto 0 8 0 OF THE Ditto Blue Laid ditto Letter size Blue Wove ditto Ditto Blue Laid ditto Initial Note, in 4, Yellow Wove ditto Envelopes, Blue Wove, for foolscap Ditto Cartridge for Drafts Ditto ditto for Briefs and Abstracts Cloth lined foolscap for indorsements on briefs and abstracts, 5 0 at per quire 0 4 6 ditto 0 3 6 Ditto Draft County Court Dies for stamping Paper and Envelopes, from 0 5 0 Contracts for the supply of County Courts with Account Books, Paper, Printing, and every requisite, upon terms of mutual advantage. Good articles only at a fair price. Law Books on every subject supplied, and a liberal discount allowed to Solicitors, and especially to Clerks of County Courts. Briefs and Abstracts Copied at 6d. per sheet; Drafts 1d. per folio; Deeds, full copies, &c., 1d. per folio. ROBERT KERR, Chichester-rents, Chancery-lane, London On the 1st and 15th of each month, 24 pages, 72 columns, THE JOURNAL OF AUCTIONS; JOINT STOCK TIMES; PROPERTY AND INVESTMENT REPORTER: Collecting every kind of useful intel ligence relating to Property and Investments, and providing a medium for communication between Sellers and Buyers throughout the country, where those who want to sell may be sure to be found by those who want to buy. Its contents are thus arranged:-1. Diary of Sales by Auction during the ensuing week. 2. Leading Articles on subjects connected with Property and its value; the rights and remedies of Sellers and Buyers; the different kinds of Investments; and such like. 3. Investment Adviser. 4. Property Reporter; comprising the Money Market, Stocks and Funds, state of the Property Market. 5. Auction Intelligence. 6. A complete Stock and Share List, with latest prices. 7. Property Intelligence. 8. Joint-Stock Companies' Chronicle. 9. Freehold Land Societies' Journal. 10. Heirs-at-Law and Nextof-Kin wanted, collected from all sources, and comprising all that have been advertised for during the last 20 years' 11. Advertisements, classified thus: Money, wanted and to lend: Advowsons; Shares; Houses, to let and wanted; Lane and Estates, to let and wanted: Sales by Private Contract; Sales by Auction, classified under the various counties. Property (Goods, Furniture, &c.), wanted to purchase or for sale. Miscellaneous, Books, Tradesmen, &c. An extensive circulation in the best quarters is thus secured:--1. THE JOURNAL OF AUCTIONS is supplied to the Subscribers of THE LAW TIMES at the cost of the stamp and paper only, namely, twopence per week, and no charge is made if advertisements to the amount of 20s. are inserted during the half-year. 2. It is sent gratuitously to all the principal Reading-rooms, Commercial-rooms, &c., in the United Kingdom. 3. The price is only 6d. plain, 7d. stamped or 3s. per quarter, paid in advance. The charge for Advertisements is very moderate. It is as follows:-For 4 lines, 2s. 6d.: For every additional line, 6d. ILLUSTRATED ADVERTISEMENTS. It has introduced the novel feature of wood-cut views of Houses, and Plans of Estates, the charges for which are moderate. All the advertisements of Property for Sale either by Private Contract or by Auction, will, it is hoped, be inserted for the future in this JOURNAL OF AUCTIONS, where it will be brought more directly under the notice of the persons likely to be purchasers than by any other existing medium. Advertisements, Orders, Results of Sales, Intelligence relating to Property, and other Correspondence, to be addressed to the Editor, at the Office of THE JOURNAL OF AUCTIONS, 29, Essex-street, Strand. THE COPYHOLDS ENFRANCHISETHE COPYHOLDS ENFRANCHISE Forms, Notes, Index, &c. Price 8s. cloth; 9s. 6d. half-bound. By CHARLES W. GOODWIN, Esq., Barrister-at-Law London: JOHN CROCKFORD, 29, Essex-street, Strand. London: Joux Crockford, 29, Essex-street, Strand. LAW and PRACTICE CHARITY ESTATES, as regulated by the new Statute, with all the necessary forms, the previous Charity Statutes, and a Digest of all the reported Charity Cases. By PHILIP FRANCIS, Esq., Barrister-at-Law. Price 8s. 6d. cloth. London: JOHN Crockford, 29, Essex-street, Strand. Now ready, Conveyance in fee by mortgagee and mortgagor to a purchaser of a portion of the mortgaged premises, the mortgagee covenanting for the production of the title deeds. 32. Conveyance by heir in tail of estates devised by tenant in tail, the heir électing to take under the will. SIXTH EDITION of the ADVER-33. Conveyance in fee by trustees under trusts for sale to a TISERS GUIDE, and HANDBOOK for ADVERTISING, containing Hints to Advertisers-how to Advertise-how to Compose Advertisements-a List of all the Journals, with their several circulations, as shown by the recent Stamp Returns-classified according to the requirements of Advertisers, and their Scales of Prices, &c., &c. In cloth, price Is. EFFINGHAM WILSON, Royal Exchange. Just Published, the FIRST QUARTERLY PART (Vol. I.), price 7s. 6d. of the SECOND EDITION of to a purchaser who is beneficially entitled to a portion of the proceeds of the sale. 34. Conveyance in fee by tenant for life under a power in an Inclosure Act. Variation, where the property in respect of which the allotments are made is of copyhold tenure. 35. Conveyance by a vendor, with the concurrence of an annuitant who releases an annuity charged on the purchased lands. 36. Conveyance where the sale is made under a power of attorney. 37. Conveyance under an order of the Court of Chancery. CONCISE PRECEDENTS in 38. Conveyance of an equity of redemption. CONVEYANCING, with Practical and Ex planatory Notes. By WILLIAM HUGHES, Esq., Barrister-atLaw, Author of "The Practice of Sales," "Practice of Mortgages," "The New Stamp Act," &c. No. CONTENTS OF THE FIRST QUARTERLY PART. 1. Conditions of sale of freehold premises. 2. Conditions of sale of leasehold premises. 3. Agreement for the sale of a leasehold estate. 4. Agreement for the purchase of leasehold property. 5. Agreement for the purchase of copyholds of inheritance. 6. Agreement for the purchase of leasehold premises, with the fixtures and implements of trade, and the goodwill of the business. 7. Agreement for the division and inclosure of common lands, between the lord of the manor, incumbent of the parish, and proprietors of rights of common. 8. Agreement by an incumbent to grant a lease of the glebe lands for a term of seven years; lessee to keep the chancel, and all buildings or demised premises, in proper repair, and not to assign or underlet without licence. 9. Agreement for sale of growing timber.-Additional stipulation where the vendor is tenant in tail, or for life, without impeachment of waste. Conveyances of Freehold Estates of Leasehold Property, Copyhold Assurances, Disentailing Deeds, and Mixed Assurances. 1. Conveyance by appointment and grant, and release to uses to bar dower, with usual covenants for title. Short form of deed of appointment and release to uses to bar dower, with usual qualified covenants for title. Conveyance by grant and release to a purchaser in fee, with usual covenants for title. 902 Jones v. Giles Graves v. Legg and another... 203 204 Essex Glamorganshire COUNTY COURTS CHRONICLE. provisions of the statute of Anne; and by the FRIDAY, SEPTEMBER 1. REPEAL OF THE USURY LAWS. USURY strictly means a payment or compensation for the use of money lent, but the word, as used in our law hooks, and as generally understood at the present time, signifies the taking an amount of interest for the loan of money, exceeding the rate fixed by the different statutes relating to that matter. Formerly, to take interest at all was thought contrary to the precepts of religion and the rules of natural equity, and this opinion was grounded as well on the prohibition of it by the law of Moses among the Jews, as also upon what is said to be laid down by Aristotle, that money is naturally barren, and to make it breed money is preposterous, and a perversion of the end of its institution, which was only to serve the purposes of exchange, and not of increase. Hence the school divines have branded the practice of taking interest, as being contrary to the Divine law, both natural and revealed; and the canon law has proscribed the taking interest for the loan of money as a deadly sin. These notions have, however, been long exploded, and it is now universally admitted among Christians, that a fair and reasonable rate of compensation for the loan of money may be taken. To oppress the needy, and to take advantage of the distresses of the poor, to extort unreasonable profits from them, whether it be by lending money, or in any other way, is an injustice which is at once a sin against God, and degrading to the person guilty of it. But on the other hand the possessor of money, as well as the owner of other commodities, is entitled to the fair market value of the article in which he deals, whether it be by lending or otherwise. It has, however, been the policy of both ancient and modern nations, to fix the market value for the loan of money, and not to allow interest to be taken exceeding the fixed rate. Thus, the Romans at one time allowed 12 per cent. per annum as the maximum to be taken on an ordinary loan. This was afterwards reduced by Justinian to 4 per cent., but with liberty to take a higher per centage from merchants on account of the increased hazard. This latter distinction was adopted into the Dutch law, and in the time of Grotius the common rate of interst there was 8 per cent. per annum, but 12 to 'merchants. By the 37 Hen. 8, 'c. 9, the maximum rate of interest was fixed at 10 per cent. This was afterwards reduced by the 21 Jac. 1, c. 17, to 81. per cent., and by 12 Car. 2, c. 13, to 6l. Thus it remained until the passing of the famous Statute against Usury (12 Anne, s. 2 c. 16), by which the rate of interest was reduced to 5 per cent. per annum. By that statute it was enacted, "that no person upon any contract shall take directly, or indirectly, for loan of any moneys, wares, merchandizes, or other commodities whatever, above the value of 51. for the forbearance of 100l. per year, and so after that rate for a greater or lesser sum, or for a longer or shorter period. And all bonds, contracts, and assurances whatsoever, made for the payment of any principal, or money to be lent, or covenanted to be performed, upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of 51. in the hundred as aforesaid, shall be utterly void." This continued to be the state of the law until within a recent period, but within the last few years more liberal ideas have begun to prevail, and statutes have from time to time been passed with a view of gradually freeing commerce from the shackles imposed upon it by the statute of Anne. The 3 & 4 Will. 4, c. 97, s. 7, enacts that bills of exchange and promissory notes made payable at or within three months after the date thereof, or not having more than three months to run, shall be exempted from the 2 & 3 Vict. c. 37, it is enacted that no bill of These enactments did not repeal the statute one pre No transactions, therefore, entered into since th First, then, to constitute usury there must 2ndly. There must be a corrupt intention, 3rdly. No contract is usurious if both the The bona fide purchase of an annuity, however, though upon the most exorbitant terms, is not usurious, unless the transaction be in reality a loan: (Chillingworth v. Chillingworth, 1 Jur. 304.) And where A., at B.'s request, advanced him 2001. and took his warrant of attorney for payment as follows:-100l. at Christmas 1829, if both should be then living; 100l. at Christmas 1830, if both should be then living; and 1007. at Christmas 1831, if both should be then living; it was held upon motion to set aside the warrant of attorney that there was a sufficient contingency, since if either of the partics died, the payment ceased: (Flight v. Chaplin, 2 B. & Ad. 112,) And lastly, the contract must have been originally to pay the principal with interest above the legal rate, for if the bargain be not originally usurious, no subsequent reservation of illegal interest, or arrangement for a usurious security will invalidate the original claim: (1 Saund. 295, n.) CONTRACTS OF HIRE. 66 THE contract of hire or locatio is defined by Lord Holt to be "when goods are left with the bailee to be used by him for hire." And Pothier defines it as a contract by which one of the contracting parties engages to allow the other to enjoy or use the thing hired, during the stipulated period, for a compensation, which the other party engages to pay." To these definitions, however, Story objects as incomplete, and he defines it to be " a bailment of a personal chattel, where a compensation is to be given for the use of the thing, or for labour or services about it; or, in other words, a loan for hire, or a hiring or letting of goods, or of labour and services for a reward." A definition is of necessity in some degree inaccurate or incomplete, and an attempt to attain perfection often leads to a contrary result, and the more precisely one portion of the subject is described the more likely it is that another portion is altogether excluded. The above definition of Pothier is somewhat vague, and that of Story has, on the ther hand, a great appearance of preci on. The former, however, is short and substantially accurate, whilst the la er is more in the nature of an inaccurate description than of a definition of the subject. -x of A contract of service of labour or services for reward, since the is not strictly a loan labon" or services are absolutely bestowed and not lent. It is only the person who performs the labour or service that is lent for the purpose performing the same. A man lends or lets out a horse for the purpose of ploughing, but he cannot be said to lend the work done by the horse. So a master carpenter lends his workman for a day to a neighbour to do a day's work for reward; and upon the same principle a man may be said to lend himself for a day or any other period to do certain specified services, and receives hire accordingly. Pothier's definition may, therefore, be considered the most perfect, as he probably intended the word, "thing," like "RES" in the civil law, to include called. persons as well as things, more properly so It should, however, be borne in mind that though the word "thing" is general, and may include real property as well as moveable, the term, hiring, does not in our law extend to contracts for the use of lands or other hereditaments, but is strictly confined to subjects of a personal nature. The contract of hiring is one for the mutual benefit of the parties thereto and it involves mutual and reciprocal obligations. It is founded upon the fact of the existence of the thing hired, and it has therefore always been held as of the essence of the contract that there should be a thing in esse to which the contract can attach. Thus, for instance, if the thing which is the intended subject of the contract, has perished, as if a horse, the intended subject of the hire, is dead at the time when the contract is entered into, the contract becomes a nullity: (Story, Bailments, 372.) It is also of the essence of the contract that the subject be let to the bailee for a certain time and for certain purposes, either express or implied; and there must be a right in the bailee to use the thing, or to have the possession or enjoyment of it for those purposes, during the contemplated period of bailment. But not only must there be a letting, but there must be also a reward or recompense either expressly stipulated for or to be implied from circumstances, for if no hire is to be paid the transaction at once becomes a gratuitous loan. From these obvious principles may be deduced all the rights and liabilities of the contracting parties. Thus, if the owner of a horse agrees to let it to ride, he is bound to deliver the horse to the hirer for that purpose, aud if he refuses to do so he is liable to an action. persons, and the next term, we may possibly be able to report At present we give the newspaper account action were the clerk of the County Court at Man under the authority of an Inferior Court, it was necessary to prove that the several facts existed, and the several steps had been taken which gave the Court jurisdiction, and this necessity of proof often led to much unnecessary expense, and not unfrequently caused a failure of justice. The burden of proof was on the party justifying under the process of the Court, and nothing was therefore intended in his favour. It was not enough for him that all the proecedings had been regular, for if he failed in the formal proof of one essential step, he must fail altogether. It therefore became necessary, after the establishment of County Courts, for the protection of their officers, to provide a summary method of satisfying the formal proofs required, and thus to throw the burden of proving any irregularity or defect of jurisdiction upon the other party. Such, we think, was the object of the Legislature in the above enactment, and such is the fair and reasonable construction of the words of the statute. If, horse is taken ill on the journey, without any consequence was that the bailiff went to the stable of a warrant properly sealed is not made contherefore, our view be correct, the production clusive proof of the authority of the Court previous to its issuing, nor does it in any way alter the fact of want of jurisdiction, if such exists, but it affords sufficient evidence of authority in the Court to throw the burden of proving the contrary upon the plaintiff. In the case under consideration such proof was adduced. Mr. Hill, in stating the case, said this was an action brought to recover the value of a horse, called Killarney, that had belonged to the plaintiff, and which was taken from the plaintiff and sold under the circumstances which he should mention to the jury. The plaintiff had been well known in the sporting world, and was the owner of several fast-trotting horses, and also of several sporting horses. The defendants in the chester and the high bailiff. In the month of November, 1853, there were some races near Manchester, at which the plaintiff had a horse entered to run, which was the joint property of himself and of another person, The obligation to keep the thing let in a fit living in Liverpool, and at that time, as the horse was state for use is governed by usage, and the being brought upon the course (this was not Killarney, understanding of the parties at the time of the but another horse), a bailiff of the County Court, under contract. But extraordinary expenses necesthe warrant of the high sheriff, appeared and seized the sarily incurred upon the thing let will, in the horse that was being brought on to the course for absence of an express stipulation on the sub-running, and he only desisted from doing so on being ject, fall upon the owner. Thus, if a hired told there was another horse belonging to the plaintif which he might take, so as not to spoil the sport. The where Killarney was kept, took him away, and sold him for a small sum, 10, which was paid into the County Court by the bailiff who seized and sold the horse. Mr. Burke was very much surprised that the horse was seized. He had not been served with any County Court process; he was not aware of any proceedings. He was therefore surprised that his horse should be taken and sold, and he applied to the County Court, and upon his application the judgment which was there obtained against him and the execution, were ΟΙ n fault on the part of the hirer, it seems that the set aside. They were, in point of fact, as if they had never been, and the sale of the horse was rendered illegal, and the parties who were guilty of the wrong were bound to make compensation to Mr. Burke. Now, so far as he had stated the facts of the case, there he no dispute whatever between the parties. A plaint had been lodged by a person named Gibson against Mr. Burke, and the officer of the court who should have served a summons upon Mr. Burke made a The contract of hiring gives the hirer not made a misrepresentation. Upon that judgment had merely a right to the possession of the thing been signed as by default, in consequence of not ap hired, but also a special property in it co-pearing; but, on the facts being made known to the extensive with the fulfilment of the purpose execution, and this action had been brought against the County Court Judge, he set aside the judgment and for which it is hired: (Bac. Abr. Bailment C.) high bailiff, and also against the clerk of the County And he may maintain an action against a Court, and the authority of the 19th section of the wrong doer to recover possession of the article 13 & 14 Victoria, c. 61. According to the 19th or damages for the injury done to it: (Gordon section of that act, whenever an act has been done by v. Harper, 7 T. R. 9; Nicholls v. Bastard, 2 any bailiff of the court or by the high bailiff, and if an Cr. M. & R. 659.) action was brought, or a complaint made, or any act was done, it was necessary, in the first instance, to demand a copy of the warrant; and then, when that had been obtained, in bringing an action for a wrongful should be made a joint defendant along with the high act done, the act required that the clerk of the court bailiff. Here the copy of the warrant was demanded : it was complied with. Notice of action was given in the manner required in the statute. The only question of fact would be as to the value of the horse. The bailiff sold the horse for 10%, and it would be contended that this sum was the value of the horse; but he would be able to show that in the previous month Mr. Burke had bought the horse for 721. The hirer also acquires an exclusive right to the use of the thing hired during the time of the bailment. And if during that time the thing is redelivered to the owner for a temporary purpose only, he is bound to deliver it back afterwards to the hirer: (Roberts v. Wyatt, 2 Taunt. 268.) If, on the other hand, the hirer misuse the thing hired, or apply it to a purpose which is in violation of the stipulations of the contract, the owner may maintain an action of trover for the conversion: (Wilkinson v. King, 2 Camp. 335; Fouldes v. Willoughby, 8 M. & W. 540.) And as the bailment is by such misappropriation put an end to, it would appear that the owner may recover peaceable possession of the thing hired, though he cannot take it by force or in such a way as might lead to a breach of the peace: (Lee v. Atkinson, Yelv. 172.) (To be continued.) MONTHLY COMMENTARY. WHAT degree of liability should be imposed upon the officers of the County Court for acts done by them in the execution of their office, is a matter which admits of a great diversity of opinion, and what are in fact their exemptions and liabilities, it is difficult to determine. An instance of this has lately occurred at Liverpool, in an action brought by one Burke, against Kay, and another, the Clerk and High Bailiff of the Manchester County Court. In that case an important question was raised, and the discussion suggests many points which we must for the present treat as doubtful. What light the Judges may throw upon them during Mr. Serjeant Wilkins apprehended that, taking everything for granted which his friend had stated, everything which had been done here had been done pursuant to a warrant given to the bailiff, and even supposing there had been a defect of jurisdiction, yet that was cured by a section in the Act of Parliament, and, in point of fact, my learned friend is out of court. The learned Serjeant here read the sections of the act protecting the officers of the court, where the warrant was regularly sealed, &c. Mr. Hill remarked that here the judgment and execution had been set aside, which made the difference. His lordship did not think the action could be maintained, and the plaintiff was nonsuited. The enactment referred to by Serjt. Wilkins is evidently contained in the 6th section of 15 & 16 Vict. c. 54, by which it is provided, that if any action or suit shall be brought against any person for any thing done in pursuance of this act, or of any act relating to County Courts, such person may plead the general issue, and give the special matter in evidence; and the warrant under the seal of the County Court being produced in any such action or suit, shall be deemed sufficient proof of the authority of the said County Court, previous to the issue of such warrant. Previous to the passing of this act, whenever it became necessary to justify Whether, however, there was in fact any absence of jurisdiction in the Court, and consequently of authority in the bailiff to seize and sell the horse, may well be doubted, since the only ground upon which the counsel for the plaintiff argued, that there was an original want of jurisdiction, was that the summons had not been served on the defendant. It was conceded that the Judge had jurisdiction over the subject-matter, and there was proof of service, though untrue. According, therefore, to the principles laid down in Robinson v. diction to proceed, and the execution was valid Lenaghan, 2 Exch. 333, the Judge had juristhough irregular. But then the Judge interferes, and sets aside all the proceedings for irregularity, and the learned counsel contends, that they are then as if they never had existed at all, the real question, however, is whether at the time of the seizure and sale, the bailiff had authority to act as he did. He was acting in obedience to a warrant which was valid, though irregular. down in Robinson v. Lenaghan be sound, there is But even if that be so, and the law as laid yet another ground on which the high bailiff may possibly be held liable. It is said that the sum mons was entrusted to the officer for service, but he did not serve it, and not only that, but he, by his misrepresentations, satisfied the Judge that such service had taken place. The irregu larity was therefore occasioned by the default of the officer, and the seizure and sale of the horse was the natural consequence. The high bailiff is, we doubt not, personally free from blame, but in this, as in other cases, if an officer be guilty of misconduct in the performance of a duty imposed upon him by the commands of the high bailiff, the latter is liable for the misfeasance of his officer. LATE CASES ON THE LAW AND PRACTICE OF THE COUNTY COURTS.(a) 22. Cases on Question respecting Officers of the Court. In the present article, it is our intention to take a review of the various decisions which have been pronounced by the Superior Courts, on cases relating to the different officers in the County Courts. As regards the question what acts are to be considered as the acts of the officer of the court, and to subject him to an action;-where a plaintiff in the County Court obtained a judgment, and execution was issued and a levy made by (a) By George Harris, Esq., Barrister-at-Law, the bailiff of the court, who seized the goods of the plaintiff in the action, who thereupon brought suit for the trespass against the plaintiff in the action in the County Court; it was held that the act was that of the officer of the court, and that the action, if maintainable at all, could only be justified against such officer: (Bryant v. Hatton, 1 Cox, Mac. & Herts. 179.) An action will lie against a clerk of a County Court for publishing a letter, stating that a defendant in the court had not been committed for a simple debt, but for recovery of sums of money he had embezzled from his master. But the damages were nominal, and the judge refused to certify: (Pollett v. Ryley, 1 Cox, Mac. & Herts. 255.) | but they do not protect a party acting without jurisdiction; and now, even, the privilege of pleading the general issue only, is coupled with the qualification that the plea must be stated to be "by statute," which words are omitted here. The judge, or commissioner of the sheriff's court in London, has no power to certify under the County Courts Act, s. 129, that the action was fit to be hrought in any of Her Majesty's Superior Courts of Record: (Chapman v. Offenheim, 1 Cox, Mac. & Herts. 238.) Where the judge of a County Court, after having heard the facts of a case, nonsuits the plaintiff on the ground that he has not jurisdiction, that is such a decision of facts that the Court of Queen's Bench will not interfere by mandamus, even though the judge was wrong in his view of the law: (Milner v. Rhoden, 1 Cox, Mac. & Herts. 532.) Where a judge of a County Court has entered upon the hearing of a plaint, and, from the evidence adduced before him, has decided that he has no jurisdiction to adjudicate between the parties, a mandamus will not lie commanding him to hear and determine it, even although he may be wrong in point of law. Contrà, if in a case in which he has jurisdiction, he refuses to hear it, upon the mistaken notion that he has no jurisdiction to do so in respect of some preliminary matter. R. having projected a benefit society, alleging in his prospectus that it was intended to be a branch of another society, which held out peculiar advantages to its subscribers, M. was induced to become a member, and continued so from 1841 to 1849, the society being conducted according to a code of rules of its own, and not as a branch society. A resolution was then passed by some of the members, without the consent or knowledge of M., entirely changing the object of the society. M. withdrew, and brought an action in the County Court for the recovery of his subscriptions. The judge, upon proof of these facts, decided that he had no jurisdiction to adjudicate between the parties, and nonsuited M. It was held that a mandamus would not go commanding him to hear and determine the cause: Ex parte Milner, re Milner v. Rhoden, 18 L. T. 98. A judge of a district County Court, established under stat. 9 & 10 Vict. c. 95, is liable to an action of trespass for false imprisonment, for an act done by his command and authority, when he has no jurisdiction through a mistake of law: (Houlden v. Smith, 1 Cox, Mac. & Herts. 303.) A commitment being made without jurisdiction, the defendant must be taken to be aware of the want of jurisdiction, and is therefore liable: (ibid.) In pleading the_general issue under 2 Jac. 1, c. 12, and 42 Geo. 3, c. 85, s. 6, the plea must be stated to be "by statute:" (ibid.) Patteson, J., in delivering the judgment of the court in this case, observed that this case was not within the principle of Lowther v. The Earl of Radnor (8 East, 113), and Gwynn v. Poole (in the appendix to 2 Lutwych, 1565), where the facts of the case, though subsequently found to be false, were such as, if true, would give jurisdiction, and where it was held that the question as to jurisdiction there must depend on the state of facts as they appeared to the magistrate or judge assuming to have jurisdiction. Here the facts of the case which were before the defendant, and could not be unknown to him, show that he had no jurisdiction; and his mistake in the law, as applied to those facts, cannot give him a prima facie jurisdiction or semblance of it. The only questions, therefore, are, whether the defendant is protected from liability at common law, being and acting as a judge of a Court of Record, in which case the plea of not guilty would be sufficient; or whether he is protected by the provisions of any statute, and if so, whether he can take advantage of such statute having omitted the words "by statute" in his plea? As to the first question, although it is clear that the judge of a Court of Record is not answerable at common law, in an action for an erroneous judgment, or for the act of any officer of the court, wrongfully done, not in pursuance of, though under colour of, the judgment of the court, yet A claim for seaman's wages, which involved we have found no authority for saying that he a question of the master's right to disrate the is not answerable in an action for an act done claimant, had been adjudicated upon by a jusby his direction or authority where he has no tice of the peace, under stat. 7 & 8 Vict. c. 112, jurisdiction. Here the defendant had not only s. 15. The claimant did not draw up or serve no jurisdiction to commit the plaintiff to the the magistrate's order. It was held that a gaol of Cambridgeshire, but he had no juris-judge of the County Court was right in rediction to summon him to show cause why he should not pay the debt. The case of Dicas v. Lord Brougham (1 M. & Rob. 309) was cited; but it is plain that the order of commitment there made by the defendant, the Lord Chancellor, was not void, as being without or in excess of jurisdiction; the question was whether it was irregular or not, and a mere irregularity clearly would not form the ground of an action. Holroyd v. Bruce (2 B. & A. 473), Turnor v. Morris (2 Cr. M. & Ros. 298), and other similar cases, turned on the question whether the person doing the wrongful act was so the servant of another as to make that other answerable for the act that was to be done; and it was held that an officer was not such a servant to the judge of the court. But none of the cases turned on the want of jurisdiction. We cannot, therefore, hold the defendant in this case protected from liability at common law. Is he then protected by any statute? We find no statute to give such protection. The statutes of 21 Jac. 1, c. 12, and 42 Geo. 3, c. 85, s. 6, enable the defence, where it exists, to be given in evidence under the general issue; With regard to the appointment of the judge of a County Court, it has been held that the Lord Chancellor is empowered to appoint the same person to be the judge of one or more County Courts, under the County Courts Act, to be holden in several districts; and a single appointment, enumerating the districts of which the appointee is to be the judge, is sufficient: (Reg. v. Parham, 1 Cox, Mac. & Herts. 263.) fusing to try an action of debt for the balance of wages brought in respect of the same matter: (Reg. v. Pollock, 18 L. T. 272, Q. B.) In an action for negligent driving, the evidence for the plaintiff did not establish that charge; but it appeared by evidence given for the defendant that the shafts of defendant's cart broke, and a collision between the vehicles of plaintiff and defendant immediately took place. It was held that the judge was not limited to the plaintiff's evidence alone, having respect to the nature of the action, but might look at the whole evidence on both sides before him, and give judgment upon that: (Templeman, app., Haydon, resp., 19 L. T. 218, C. B.) The defendant, driving his cart down a hill, the horse, which was usually quiet, suddenly commenced kicking, and proceeded at a furious pace down the hill; the shafts broke, and the horse and cart came into collision with the plaintiff's gig and injured it. The plaintiff put his plaint in the County Court, and the judge being of opinion that the breaking of the shafts showed a defect in the cart, which raised a presumption of negligence in the owner, gave judgment for the plaintiff. It was held on appeal that the decision was right: (ibid.) A summons was issued against a judgment debtor under the 98th section of the 9 & 10 Vict. c. 95, in the usual form, calling upon him to appear and to be examined by the judge of the court touching his estate and effects, and the manner and circumstances under which he contracted the debt, which was the subject of the action in which the judgment was obtained, and as to the means of expectation he then had, and as to the property and means he still had of discharging the debt, and as to the disposal he might have made of and property, &c. The defendant appeared and was duly sworn. The judge asked him whether he was prepared to pay; he answered in the negative, and was entering into an explanation of the circumstances, when he was stopped by the judge, who ordered his immediate committal to prison. It was held that these circumstances afforded no ground for a criminal information, there being no imputation of a corrupt nature on the part of the judge: (Ex parte Henry Wilton, 20 L. T. 72.) Under the 9 & 10 Vict. c. 95, ss. 99 and 103, the judge of a County Court has power to commit a defendant who is summoned for nonpayment of money pursuant to a judgment of that court as soon as a new default is made; and, therefore, where a judgment debtor has been once committed for seven days for nonpayment, he inay at the expiration of that imprisonment be again committed if, having the means of paying, he still refuses to pay, upon which the decision of the judge of the County Court is conclusive: (Re Boyce, 21 L. T. 181, Q. B.) The stat. 9 & 10 Vict. c. 95, s. 65, enacts that the jurisdiction of the County Court under this act shall extend to the recovery of any demand not exceeding the sum of 201., which is the whole or part of the unliquidated balance of a partnership account, on the amount of a distributive share under an intestacy, or of any legacy under a will. By 13 & 14 Vict. c. 61, s. 1, the jurisdiction was extended to the recovery of any demand not exceeding 50l. An action was brought in the County Court of Kent to recover a legacy of 50l. from the executors. This involved a question of devastavit, and the judge doubting his jurisdiction gave judgment for the defendant. It was held that the above clauses gave him jurisdiction, and that there must be a new trial: (Winch v. Winch, 20 L. T. 223, Q. B.) As regards the persons entitled to practice as advocates in the County Courts, it was laid down in the case of Reg. v. Andrew Amos, Esq., 1 Cox, Mac. & Herts, 467, Q. B., that it is wholly contrary to law, and the practice ought not to be allowed by the judges of the County Courts, for an attorney to practise in these courts as an advocate, taking briefs from other attorneys. By stat. 15 & 16 Vict. c. 54, s. 10, it was, however, enacted that the provisions of 9 & 10 Vict. c. 95, as to persons qualified to practise before the County Courts, should not extend to that act. We have next to consider the cases bearing on the duties and liabilities of the clerks to the County Courts. Where a clerk of a County Court gave orders for the fitting up of the court-house, for which an action was brought against him personally; it was held that neither his office, nor the subject matter of the action, raised a legal presumption that would exempt him from personal liability: (Antey v. Hutchinson, 1 Cox, Mac. & Herts. 189.) Wilde, C. J., in delivering the opinion of the court, observed that the defendant's situation was in no respect analagous to that of public affairs acting on behalf of a known department of the state, and in the discharge of duties incident to their public employment, whose liability was the question in one class of the authorities referred to; nor does the case fall within the other class, in which it wes held that the terms and nature of the contract excluded all presumption of personal liability on the part of the |