Law of Landlord and Tenant. NOTICE TO QUIT. I agree with H. B. A., that a mortgagee cannot grant a lease without the concurrence of the mortgagor, so as to be binding on him, because the lessee will take, subject to the equity of redemption in the mortgagor. See the cases cited in 3 L. O. p. 138. But it is said, that six months notice to a tenant from year to year, either from the mortgagor or the mortgagee, or his assignee, will be sufficient to determine the tenancy; Cov. Pow. Mort. 176; so that a notice by the mortgagee alone is sufficient. In Pope v. Biggs, 9 B. & C. 245, it is held, that payment of rent by the tenant to the mortgagee, after notice (as stated in the query), since the stat. of Ann, does of itself amount to an attornment; that is, the lessee thereby becomes tenant to the mortgagee. Now if he be tenant to the mortgagee, and if notice from the mortgagee alone would suffice to determine the tenancy, must it not necessarily follow, that notice from the tenant to the mortgagee alone would be sufficient? A STUDENT. QUERIES. Law of Property and Conveyancing. TRUST FOR SALE.-PURCHASER. on the 10th March, 1662, before Sir Mathew Hale, Chief Baron of the Exchequer, two widows were convicted for witchcraft. The following is the charge of the Judge, and the subsequent circumstances: "The Judge, in giving his direction to the jury, told them that he would not repeat the evidence unto them, lest by so doing he should wrong the evidence on the one side or on the other. Only this he acquainted them with, that they had two things to inquire after. First, Whether or no these children were bewitched. Secondly, Whether the prisoners at the bar were guilty of it. That there were such creatures as witches, he made no doubt at all; for, 1st, The Scriptures had affirmed so much. 2dly, The wisdom of all nations had provided laws against such persons, which is an argument of their confidence of such a crime. And such hath been the judgment of this kingdom, as appears by that act of parliament which hath provided punishments proportionable to the quality of the offence; and desired them strictly to observe their evidence ; and desired the great God of heaven to direct their hearts in this weighty thing they bad in hand; for to condemn the innocent, and to let the guilty go free, were both an abomination to the Lord." With this short direction the jury departed from the bar, and within the space of half an hour returned, and brought them in guilty A. borrows money from B., and to secure upon the several indictments, which were thir the repayment thereof, conveys an estate to C., teen in number, whereupon they stood indictin trust to pay the rents and profits to B. un ed. This was upon Thursday, in the afternoon, til a certain day, and then in trust to sell, on March 13, 1662. The next morning, the three default of payment. A. makes default. C., children, who were alleged to have been beafter a written demand given by B, sells the witched, with their parents, came to the Lord premises by auction. Can B. become the pur-Chief Baron Hale's lodgings, who all of them chaser? and would a Court of Equity, on a bill filed by A. against B., alleging that B. had taken advantage of the embarrassments of the former to sell the premises, annul the sale, on the ground of fraud or collusion with C.? Z. A. spake perfectly, and were in as good health as ever they were; only one of them, by reason of her great affliction, looked very thin and wan. And their friends were asked at what time they were restored thus to their speech and health, and one of the parents did affirm, that within less than half an hour after the witches were convicted, they were all of them restored, and slept well that night, feeling no pain; only one of them felt a pain like pricking of pins in her stomach. the Court; except one, who was so afraid to be Afterwards they were all brought down to hold the prisoners, that she desired she might not see them. The other two continued in the Court, and they affirmed in the face of the country, and before the witches themselves, what before had been deposed by their friends and relations, the prisoners not much contraall the Court were fully satisfied with the verdicting them. In conclusion, the Judge and dict, and thereupon gave judgment against the witches, that they should be hanged. They were much urged to confess, but would not. That morning the Judges departed for Cambridge, but no reprieve was granted; and they were executed on Monday the 17th of March following, but they confessed nothing to the last. our profession in the House, who will be ready to watch over all that concerns the welfare of their brethren out of it. THE elections now taking place through- At the time that we write this, we cannot out the country are necessarily watched know so much of the result of the elections with the greatest interest, and each class as our readers will when they read it. As is anxious that its own interests should far, however, as this is known, we have be represented and attended to. As law- great reason for congratulation. Three out yers, we cannot divest ourselves of a lively of the Metropolitan divisions have returned hope that our own profession has used, and lawyers; and it is to be remembered, that a will use, its best exertions, to secure the precedent is thus created for ensuring the return of a sufficient number of its own future return of members of the same probody. We entertain no alarm that in a fession. Marylebone has returned the Atreformed house of Parliament there will be torney-General into Parliament, a gentlewhat has been called "a run against the man, it is to be recollected, more distinlawyers;" for, first, we are, when once pre-guished in the legal than the political world, pared for the race, at least as fleet of foot, and as capable of sustaining the contest, as any of our opponents; and, next, the important interests of our profession are so strongly interwoven with those of every class of the state; its roots and its branches are so entwined and connected by the closest ties, with almost every family in the country, that the same measure which struck at the law must necessarily injure all other classes. On the contrary, if any revolutionary alteration of the existing distinctions in the state were unfortunately to take place, we conceive that, if we did not prove to be immortal, we should be the last survivors of the fight. We entertain no fears, therefore, on this point; but however great the strength of the lawyers to resist great attacks, it appears to us that they are much too passive in their endurance of small ones; and we hope to find a sufficient number of NO. CXIV. except by his official station. Finsbury has selected Mr. Serjeant Spankie, an advocate in large practice, and of no very strong shade of party; and Southwark has returned, at the head of the poll, Mr. William Brougham, a Master in Chancery, and a brother of the existing Lord Chancellor. We cannot complain, therefore, of our treatment by the capital. The cry of "down with the lawyers," has not been even attempted to be raised; and if we are as well represented in the provinces, there is little chance of an indoctum parliamentum. Let us now look to the return in the provinces. Sir James Scarlett has secured his return for Norwich, a large and populous town. Mr. Pollock is returned for Huntingdon. We have here therefore, two lawyers of conservative principles, and both proper men. We much regret that Sir Charles Wetherell and Sir Edward Sug K 118 Changes in the Law, No. IX. den have been unfortunate, not because we and being convicted, shall be liable to be agree with them in politics, for we have transported for life, or for not less than none, but because we would have every seven years, or to be imprisoned, not great party, and all opinions, ably repre- exceeding four years. The offence shall sented. We cannot help also, feeling a be deemed to be complete although the personal sympathy with the former if he coin shall not be in a fit state to be uttered, be excluded from the House, a stage on or the counterfeiting shall not be finished. which he has so long delighted to perform.§ 3. The Solicitor General has succeeded at Dudley; and we may now reasonably anticipate that the measures of the Real Property Commissioners, including the bill for a General Registry, will be taken up by Government. This important result may§ 4. follow his appointment. Coloring counterfeit coin or pieces of metal, with intent to make them pass for gold or silver coin; coloring or altering genuine coin, with intent to make it pass for a higher coin-transportation for life. Impairing the gold or silver coin, with intent, &c.-transportation for fourteen years. § 5. We could have wished to have seen Mr. Follett, Mr. Serjeant Goulburn, and Mr. Kelly in Parliament; and it appears to us Buying or selling, &c. counterfeit gold not a little to their credit, that at the ele- or silver coin for lower value than its denoventh hour they have espoused the unpopu-mination: importing counterfeit coin from lar side. Among the untried lawyers in Parliament, we find Mr. Tancred returned for Banbury, Mr. John Jervis for Chester, and Mr. Faithful, a solicitor, for Brighton. This is all that is at present certain. We shall report further progress next week. CHANGES IN THE LAW DURING No. IX. Criminal Law. COINING. 2 W. 4, c. 34. THIS Act was passed on the 23d May last, and is entitled " An Act for consolidating and amending the Laws against Offences relating to the Coin," The objects of the Act are, 1st. to con'solidate all the laws relating to offences against the Coin of the realm. 2dly, To reduce all those offences to degrees below Treason. 3dly, To abolish the punishment of Death for any of those offences.-These objects are effected by the first section; and the second fixes the commencement of the Act, on the 1st May, 1832. 4thly, To facilitate the conviction of offenders, by various amendments in the previous law; the principal of which are beyond seas-transportation for life. § 6. Uttering counterfeit gold or silver coin, imprisonment not exceeding one year. Uttering, accompanied by possession of other counterfeit coin, or followed by a second uttering-imprisonment not exceeding two years. Every second offence of uttering, after a previous conviction, shall be felony -transportation for life. § 7. Having three or more pieces of counterfeit gold or silver coin in possession, with intent, &c. imprisonment. Second offence, felony and transportation. § 8. What shall be sufficient evidence of a conviction for a previous offence against the act, is set forth in § 9. Making, mending, or having possession of any coining tools-transportation for life. § 10. Conveying tools or monies out of the Mint without authority-transportation for life. § 11. The various offences relating to copper coin are stated in § 12. Where any gold or silver coin shall be tendered to any person who shall suspect it to be diminished otherwise than by reasonable wearing, or to be counterfeit, he may cut or break the same; and if it shall appear to be diminished otherwise than by reasonable wearing, or to be counterfeit, the person tendering shall bear the loss; but if of due weight, and lawful coin, the person cutting is required to receive it at the rate coined. If any dispute shall arise If any person shall counterfeit any coin, it shall be determined in a summary manresembling or apparently intended to re- ner by a justice of the peace, who is em semble or pass for any of the King's cur-powered to examine upon oath the parties, rent gold or silver coin, he shall in Eng- or any other person; and the tellers of the land and Ireland be guilty of felony, and receipt of the Exchequer, &c. are required in Scotland of a high crime and offence; to cut or break every piece of counterfeit as follow: The Property Lawyer, No. VIII.-Review: Godson's Patents. 119 or unlawfully diminished gold or silver coin fices; whereupon Wilde, Serjeant, on the part which shall be tendered to them in pay-of Morris, obtained a rule nisi to set aside the ment of the revenue. § 13. plaintiff's warrant of attorney, judgment, and Provision for the discovery and seizure of sequestration, on the ground that his warrant of attorney containing an express authority to counterfeit coin and coining tools, for se-issue a sequestration, was a charge on the curing them as evidence, and regulating the prosecution, are contained in §§ 14, 15, and 16. The moneyer, or other officer of the Mint, need not to be called to prove the coin to be counterfeit, but any other credible witness will be sufficient. § 17. The punishment of accessories is fixed in § 18. benefices, and therefore void under 13 Eliz. c. 20. § 1, which enacts, "That all chargings of such benefices with cure, with any pension, or with any profit out of the same to be yielded or taken hereafter to be made, other than be made according to the meaning of this act, rents to be reserved upon leases hereafter to shall be utterly void;" and he referred to Shaw v. Pritchard, 10 B & C. 241; Flight v. Salter, 1 B. & Ad. 673; Gibbons v. Hooper, The Court may order hard labor or soli-2 B. & Ad. 734; 2 L. O. 195; and Due dem. tary confinement, together with imprison- Mitchinson v. Carter, 8T. R. 57. ment. § 19. Offences committed at sea are within the jurisdiction of the Admiralty. § 20. The rules of interpretation of the Act are contained in § 21; and 22, the last section, limits actions brought against persons acting under the statute. For further details and remarks on the effect of the Act, we refer to 3 Dowling's Collection of Statutes, p. 100 et seq. and Roscoe's Digest of the Law relating to offences against the Coin. Taddy, Serjt., shewed cause. Both parties are in the same situation, and the Court will not interpose in favour of one. The plaintiff's warrant of attorney is a mere security for a debt; a mode of shortening process of law, and not a charging of the defendant's benefice with any pension within the meaning of the statute. In Flight v. Salter, the warrant of attorney authorized the party to proceed immediately to were due, and the Court relied on Doe dem. sequestration before any arrears of the annuity Mitchinson v. Carter, where it was expressly found that the warrant of attorney was given in fraud of a covenant not to assign a lease. A debt is not a profit within the meaning of the statute; and at all events, this application can only be made by the defendant, and not by a stranger to the judgment. Wilde. Morris, although not a party, has a sufficient interest to entitle him to apply for the removal of a judgment which impedes his own execution. Saunders v. Hardinge, 5 T. R. 9. And the plaintiff's warrant of attorney expressly pointing at the proceeding by sequestration, is a charge on the benefice within the meaning of the statute. We have before shewn that a warrant of attorney may be so drawn as to enable a clergyman to grant an effectual charge on his benefice, 2 L. O. 196; but if the warrant of attorney After taking time to consider, the Court expressly recites that it is given as a col-pronounced a rule that Newland should no fur lateral security for the payment of an annuity charged on the benefice, it will be void. Kirlew v. Butts, 2 B. & Ad. 736n, and antè, 308. The following case decides that a warrant of attorney given by a clergyman autho rizing his creditor to issue sequestration, is void : ther enforce his writ of sequestration; but that he should not be subject to an action of trespass. Rule absolute accordingly. Newland v. Watkin, 9 Bing. 113. REVIEW. A Supplement to a Practical Treatise on the Law of Patents for Inventions, with Suggestions of many Alterations in that Law; and an Abstract of the Laws in force in America, Spain, Austria, Netherlands, and France. By Richard Godson, M. P. Barrister at Law. London: Saunders and Benning. 1832. The defendant, a clergyman, had raised money by way of annuity of the plaintiff and of W. Morris. To the plaintiff he gave a warrant of attorney to enter up judgment for the arrears of his annuity, and in the warrant expressly authorized him to issue a sequestration. He also gave Morris a warrant of attorney to enter up judgment for arrears, but the warrant THIS work, which the author describes to to Morris contained no allusion to a sequestra-be a Supplement to his former Practical tion. The defendant having failed to pay the annuities, the plaintiff first, and then Morris, Treatise, is confined to the Law of Patents entered The original work comup judgment, and issued respectively for Inventions. sequestrations against the defendant's bene-prised also Monopolies and Copyright The cases on the subject of Patents, since the first publication of Mr. Godson in 1823, are not numerous, -being only twentythree in nine years. The author has followed his original plan: subdividing the supplementary matter into chapters, similar to the previous work; namely, 1, of a Pa-expedients for overcoming the practical diffitent generally. 2, Of the Inventor. 3, Of culties of detail, that occur in their business, a new manufacture, or the Subject of a Pa- and are perpetually making trifling inventions tent. 4, Of the Specification. 5, Of the which they require for immediate application." Practice of obtaining a Patent. 6, Of the The following are Mr. Godson's observaConstruction of Letters Patent. 7, Of the Property in Inventions. 8, Of the Infringe-finition of the subject of a patent. tions on the alterations required in the de minds, and to fill up the chasms that occur frequently in the plans of the greatest inventors. Happily this class is immense, being spread thickly over the whole body of mechanics, from the manufacturer and engineer down to the lowest workman. Such men constitute expert mechanicians, who are never at a loss for ment of a Patent, and remedies for that injury. 9, Of Letters Patent, when void, and the method of having them cancelled. As will appear by the title-page, the author professes to make " suggestions of many alterations in the Law;" but we do not observe that he has contributed much to aid the future legislator. His suggestions for an improvement in the law respecting the first inventor, are as follow: "If a communication be made from a "There should be a body of law made expressly for the discoveries in chemistry, because the rules which apply to the inventor of a machine do not adapt themselves to the discoverer of a chemical truth. "How far the first discoverer of a principle should be protected in a monopoly of the principle, and not be confined to the means by which he brings it into use, is a question of great difficulty; but it seems to be very dangerous to give a monopoly of the principle. "What shall be the extent of an alteration foreigner residing abroad to a person in this or improvement which shall support a patent, man? "It might be advantageously enacted that the inventor might assign his right to a patent, so that the assignee should have the patent in his own name." A description of inventors, extracted from the London Journal of Arts and Sciences for 1831, is given by Mr. Godson, and may be interesting to introduce here. "Useful inventors are of three classes; the first are men of genius, capable of producing important inventions that involve the entire projecting of new machines, or remodelling of existing ones, and the organization of new or complicated processes and systems of working. These are very few. "But it is worthy of observation by inventors, that a slight combination of mechanical means, which form an instrument that is new and useful, will support a patent." The last chapter of the work is devoted to Foreign Laws respecting Inventions, and we have selected the various durations of Foreign Patents, the pecuniary terms on which they are granted, and the power of transferring the right. In America, the duration of the Patent granted to citizens, and to aliens who have resided two years in America, is fourteen lished in a foreign country. The inventor, years, if the invention has not been pubor his representative, may assign his in"The second are men who have not so ex-terest; but the assignment must be retensive a scope of imagination and intellect as corded. to project new systems or great changes, and In Spain there is no exception as to aliens, to organize the means of effecting them, but and the grant is in the form of "a Royal who are capable of making marked improve-Patent of Privilege," which is issued withments upon existing systems and machinery, or partial changes in them. This class is considerable. out previous examination of the novelty or utility of the object. If it has not been "The third class is made up of men of small used in Spain nor abroad, the privilege is imagination, who are not capable of any great given by a Patent of Invention, otherwise of originality of thought, but who have a certain Introduction only. The extent of the priviingenuity which they can apply to the things lege is according to the duty paid; viz. for that come within the range of their observa-five years, 1000 reals vellon; for ten years, tion, and possess a tact for correctly and accurately executing that which they conceive. 3000; for fifteen years, 6000; and for a "Their province is to improve in detail, to privilege of introduction or importation, give a finish to the detached parts of the 3000. The right may be transferred or extensive combinations formed by superior bequeathed as personal property. The |