death of another who was once living, must prove the death, whether the affirmative issue be that he is dead or living.* To prove the fact of the death we generally have the assistance of parish registers of burials, and recently the more formal civil registration; but previously thereto, and where families have been scattered abroad, and perhaps in a reduced station of life, these are not always to be found, and sometimes do not even exist. The reputation therefore of the family that their relation went abroad, and died there, or inscriptions on tombstones, &c. which are a species of reputation, is sufficient; and if he has not been heard of for many years, such a circumstances is in every case prima facie evidence to presume his death without issue, until the contrary be shewn.‡ A difficulty known is already half surmounted; and from the general principles here laid down, an idea may be formed of the very great perplexity, well known to legal men, that frequently occurs in the evidence of pedigree, as well for the purpose of proving extinctions, and conveying a good title to lands and tenements for sale, as for establishing collateral claims both to property and hereditable honors. Nor is it any disparagement to the profession to say, that a branch of enquiry that depends for its successful pursuit, less on the ordinary * 2 Roll. Rep. 461. 2 East 312. † 1 Black. 404; 2 Ibid. 1228; 1 T. R. 270; 11 Ves. 350. 6 East 80. Doe v. Jesson; in which case the Court held that absence for seven years was sufficient. Peake, Law of Evid. 385. routine of office practice, than on the taste of the genealogist for antiquarian research, and his long, patient, and literary acquaintance with the stores whence such information is to be acquired-(as well in reference to primary as to the numerous ramifications of secondary evidence)—that matters of this kind have sometimes hung heavily on their hands, and that the provincial practitioner has not always found that efficient assistance in the unaccustomed and occasional employment of his law agent in matters of genealogical research, that had been anticipated and desired. With an experience of this deficiency, it has been suggested that an agency established in accordance with the views now proposed, would meet with the countenance of the profession. It is with the desire of being correspondingly useful in any such matters of investigation and research, that the present announcement is made: and where an acquaintance of some years with the public depositories of records, metropolitan and provincial; and the no less important and valuable MSS. of genealogical and heraldical collectors, (dispersed in numerous libraries public and private) may be available to the elucidation of genealogical facts, the Editor trusts that a strict integrity of purpose and principle will render his services advantageous wherever they may be desired. LONDON, SEPTEMBER, 1842. tables of, 170, 178 by occupancy, 255 |