Prime

THE MARKETS. In the meat market, prices have undergone little variation. joints of beef fetch eight-pence-inferior from five-pence to seven-pence: legs of mutton seven-pence: lamb declines a little in price-shoulders and legs eight-pence; the quarter may be had for seven-pence the pound: veal from sixpence to nine-pence. Captuin Green busies himself about the butchers and the poulterers just now; and, though long out of season, many a green goose was at market the latter end of last week; since then, the supply of poultry has been very limited, and the price proportionately high. A pair of small fowls seven shillings; a brace of ducks five shillings; geese from five to seven shillings each but we have something more to say to the poulterers this week than merely to quote prices; we have to complain of and expose to public odium, a barbarous practice, which has become common of late; we ourselves saw two instances of it the other day in a public market, and in vain remonstrated with the perpetrators of these acts of cruelty, which is, that of plucking birds alive ; we saw a man (we could use another epithet) take a live duck from a basket, and strip every feather from it before he took any means of depriving the creature of life; the same cruelty was at the same instant practising at another shop, within a few yards, upon a live fowl! we remonstrated, and were laughed at; we hope, however, the public will neither laugh, nor wink at it; and although our first attempt met with but little success, the press is a powerful rebuker, and for the suppression of cruelty, cannot be too strongly used: we would recommend persons to look for themselves, and whenever they see this cruel operation performed, tell the poulterer who commits the act, or suffers it to be committed, "I will not deal with you because of this barbarous deed, and I will caution my friends against dealing with you;" if all persons would determine to do so, this disgraceful practice would be deservedly punished, and must soon cease; in the mean time, should

we observe it again, we shall not be very nice in mentioning name, place, and circumstance.*-Turn we away from this region of cruelty to where Pomona pours her plenteous stores. The science of horticulture has been so closely pursued, that although this is a backward season, fruit is very abundant; strawberries, cherries, gooseberries, and currants, deluge the markets, and a walk through CoventGarden market is quite a treat.

Fine cauliflowers, sixpence each; beans, nine-pence a peck; peas, from sixpence to a shilling; new potatoes, one penny and three half-pence the pound.

THE FLEASURE OF MAKING A WILL.

(Continued from p. 120.)

A Devise of FREEHOLD, COPY HOLD, OF LIFE ES TATES or ANNUITIES-requires three credible wit nesses; and the Will must be signed, sealed, and published in their presence, and these witnesses must subscribe their names thereunto in the presence of each other, and of the testator; and that they have so done, must be expressed in the attestation.

By Publication, is meant that the testator must declare to the witnesses that it is his last Will. A Will must be dated the day and year it is signed, &c.

In the publication of a Will, it is not necessary that the witnesses should be made acquainted with its contents.

Mr. Sugden, in his excellent Letters to a Man of Property, says, page 99

"I am somewhat unwilling to give you any instructions for making your Will, without the assistance of your professional adviser. It is quite shocking to reflect upon the litigation which has been occasioned by men making their own Wills. To put off making your Will until the hand of death is upon you, evinces either cowardice or a shameful neglect of your temporal concerns. Lest, however, such

• Should any of our readers witness similar occurrences, we shall be obliged by particulars; it is a scandalous prac tice.

a moment should arrive, I must arm you in some measure against it.

"If your estate consist of what is called personalty, as money, goods, leasehold estates, and the like, you make your will yourself without any witnesses; and any two persons who know your hand-writing, may, after your death, prove it: but it is better to have two witnesses, in order that the execution of the will may be proved without difficulty.".

Mr. S. further observes, in page 103,

"There is one thing of which I must particularly warn you. If you were to give all your goods to me, I should take the entire interest in them, without further words; but if you were to give me all your freehold or copyhold lands, without saying more, I should only take a life-estate in them, and after your death, they would go to your heir. Thus, if you wish to give your estate in Keat to your wife, not for her life merely, but out and out, you should give it to her, her heirs, and assigns for ever.' These words, heirs and assigns, I must observe, enlarge the gift, so as to invest the devisee with the uncontroulable right in the estate, and make it descendable to his heir, if he do not otherwise dispose of it."

. The usual words for conveying a fee simple (i. e. the absolute and entire interest in a freehold, or an estate for ever), either by deed or will, are "heirs and assigns for ever."

If the devise be to a man and his assigns, without annexing the words of perpetuity, then the devisee shall only take "an estate for life.”

Where it is intended a man should have only an estate for life, the usual method, both in Deeds and Wills, is to convey the estate by the words, "during the term of his natural life.”

"When any estate, or effects, or annuity, is given to a married woman, it is generally bequeathed to some person in trust for her; or to her for her sole and separate use, with directions that her receipt alone shall be a sufficient discharge for the same; thereby, to prevent what is given being subject to the control or debts of the husband.”

"If any legacy, &c. be given to a married woman absolutely, without such restrictions, it will be as if the same were given to the husband.”

In a legacy to a single woman, the like precaution should be made, in the case of her future marriage.

"Marriage, and the birth of a posthumous child, amount to the revocation of a will."-5 T. R. 49.

By a CODICIL, any bequests or dispositions of a Will may be altered, or revoked,-new legacies given,-and other executors appointed in the place of those named in the Will; yet where the alteration is of considerable importance, it is much better to make a new Will, which is always less liable to suspicion or misrepresentation.

"If you have given a person a legacy by your Will, and you afterwards give the same person another by a Codicil, you must declare whether you mean it to be in addition to the legacy in the Will, or in lieu of it." Sugden's Letters, p. 108.

The sum should be written in words, not in figures, which are easily erased or altered.

Where there is no time limited for paying a legacy, the executor is not obliged to pay it till one year after the testator's death.

Quite as much care must be taken in the preparation of a CODICIL as of a WILL; because it is often made not merely to give, but to take away; and make null and void what has been previously bequeathed by a Will; therefore it should be worded and executed with all possible circumspection. There should be as many copies of a Codicil as there are of a Will, with each of which it is prudent to seal up one.

The usual Form of a Codicil. Whereas I, Richard Roe, of Fleet street, London, linen-draper, have made. and duly executed my last Will and Testament, in writing, bearing date the 17th day of March, 1821: now I do hereby declare this to be a Codicil to my said Will, and I do direct the same to be annexed thereto, and to be taken as part thereof, and I do hereby bequeath to my son, Richard Roe (in my said Will named), the further sum of two hundred pounds, in addition to what I have

given him by my said Will: and whereas I did, in and by my said Will, give and bequeath unto John Fern the sum of one hundred pounds; now I do hereby revoke the said legacy, and do give unto him, the said John Fern, the sum of ten pounds, and no more; and I do hereby ratify and confirm my said Will, in all the other particulars thereof. In witness whereof, the said Richard Roe have to this Codicil set my hand and seal, this day of March, in the year of our Lord, 1824.

the Seal.

RICHARD ROE. The place of Signed, sealed, published, and declared by the said Testator, Richard Roe, as and for a Codicil to be annexed to and taken as part of his last Will and Testament, in the presence of us, who at his request, in his presence, and that of each other, have hereunto subscribed our names as witnesses thereunto.

Two Witnesses for Personal.
Three ditto for Freehold and Copyhold.

WILLS and CODICILS, whether of freehold or personal property, should always be attested by three witnesses, who must be entirely disinterested persons, who receive no benefit from them, and should be respectable persons, well acquainted with business.

It is too commonly supposed, that the most ignorant person, even a marksman, who cannot write his own name, will do for the witness to a Will: should circumstances make it necessary for the witnesses to be examined in a court of law, what impotent evidence do such persons give in many cases, not probably from any intention of fraud, but solely arising from ignorance!-they are easily so bothered by a shrewd counsel, that they may be made to say almost any thing; this would be, in a great measure, prevented by the attestation of a notary or solicitor. This is especially recommended in any case where the capacity of the testator is at all likely to be questioned.

The choice of Executors, Guardians, and Trustees, is still more important. These should not be appointed without their entire concurrence in the acceptance of the office; to assist them in the effectual exe

cution of which, make a schedule of the debts you owe, and that are owing to you; and of your opinions of the value, best mode of managing your property, and the peculiar terlures thereof, in the form of a letter addressed to each executor.

"To make assurance trebly sure," although we advise that the attorney should make the Will, the testator himself should write and execute three copies of it, and then read them over carefully with his professional

adviser.

A copy should be given to the person most interested-the executors, the solicitor, or proctor.

If a Will be written upon several sheets of paper, tie them together with tape, and fix your seal on it, and sign each sheet; let them also be indented, and be all from the same quire; or one sheet of paper may be substituted for another, and thereby the whole may be greatly altered.

All the three copies will be ex tremely useful after death, as each executor ought to possess one, as well as those who are especially interested.

MEM. A copy cannot be taken after the Will is proved, without a duty of one shilling for every ninety words.

An office should be instituted, where' every man may (if he thinks fit) register and deposit, for a trifling expense, the Will he intends to operate; this would effectually prevent frauds. There are registrars for deeds, why not for the security of an instrument of so much importance as a Will!!!

ABSTRACT OF AN ACT TO AMEND AND CONSOLIDATE THE BANK RUPT LAWS.

By the preamble of the Act, it ap pears, that the several statutes, from the 34th Henry VIII. cap. 4, down to the 3rd Geo. IV. cap. 81, being twenty in number, are all repealed.

Farmers, graziers, labourers for hire, &c. the receiver-general of taxes, and subscribers to incorporated and trading companies, estabe lished by charter, to be exempted from its operations, not being deemed

traders.

Persons departing the realm, absenting themselves from dwellinghouse, surrendering to prison, procurng fraudulent outlawry, arrest, or attachment, or making fraudulent leeds, gifts, and transfer, to be deemed an act of bankruptcy; also verbal declaration of insolvency or escape from prison, or petitioning the insolvent court; but in the latter case, commission not to issue for two months.―Declaration of insolvency left at bankrupt office to be an act of bankruptcy, but commission must issue within two months, and docket be struck four days before in town, and eight days in country cases.— Such declaration having been concerted between creditor and bankrupt not to invalidate commission. Compounding with petitioning creditor an act of bankruptcy, and creditor so compounding liable to a penalty.

Traders having privilege of Parliament, committing acts of bankruptcy, to be proceeded against as other traders. Traders having privilege of Parliament, not compounding with and satisfying creditor, within one month after process issue, neglecting to file an appearance, or disobeying order of court, &c. &c. to be an act of bankruptcy. The Lord Chancellor to have power to issue a commission on petitioning creditor making oath of debt, and giving bond to his lordship.

Petitioning creditor to prosecute commission at his own expense, and costs to be paid by assignees when chosen ;- amount of debt necessary, 1001. and upwards due to one creditor, or 150l. to two creditors, and a debt not payable at the time to be a foundation for a commission.

Joint commissions may be issued against partners in a firm: where two commissions have issued, the Chancellor to have power to allow them to proceed separately or conjointly; commission not to abate by the death of the king or commissioners.

and they are subject to apprehension and committal for refusing to disclose.

Messenger's warrant to extend to Ireland, but in Scotland it must be indorsed before acted upon by a ma gistrate.

Persons disobeying warrants, liable to action.

Bankrupts refusing to be sworn, &c. to be committed.

Bankrupt's wife to be subject to examination.

Gaolers suffering an escape, liable to 500l. penalty, and 100/. for refusing prisoner to creditor.

Commissioners may appoint a provisional assignee.

Such assignee not delivering effects to the new one, to pay a penalty of 2001.

Interest on bills of exchange, &c. &c. provable, and annuity creditors allowed to prove.

Plaintiff recovering execution against bankrupt entitled to costs.-Creditor not proving, restored to his former right if commission is superseded.

Choice of assignee vested in creditors above 10l.; Chancellor may re move him, but suits not to be thereby abated.

Power vested in assignees to sell all real, personal, and contingent estates. Assignees retaining money to pay 20 per cent on the amount.

Accounts to be audited within six months. Final dividend to be made within eighteen months, except where actions are pending. Bankrupts not surrendering their property, or refusing to make disclosures, deemed guilty of felony, and subject to transportation for life, and for no less term than seven years.-Bankrupt apprehended to have the same benefit on conformity as though he surrendered.

To be free from arrest during proceedings. Officers detaining him to pay 51. a day.---Persons concealing bankrupts' effects incur a penalty of 100l. and double the amount of proparty so concealed.--- Allowances to be made to those who make disclosures.---Certificates to be signed by 4-5ths of creditors in number and value.

In certain cases certificate to be