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THE 



JURIST. 



•<y^ 



VOL. VI.— PART II. 



CONTAINING 

ORIGINAL ARTICLES ON LEGAL SUBJECTS, 

ALL IMPORTANT STATUTES, 

THE RULES AND ORDERS OF THE VARIOUS COURTS,. 

THE GAZETTES, CAUSE LISTS, 

AND MISCELLANEOUS LEGAL INFORMATION, 

FOR 

THE TEAR 184ft: 

} 

-WITH 

ALPHABETICAL LIST OF BANKRUPTS, 

AND 

INDEX OF PBINCIPAL MATTEES. 



LONDON: 

S. SWEET, CHANCERY LANE; V. & R. STEYENS & G. S. NOETON, 
26 & 39, BELL YARD, LINCOLN'S INN. 

DUBLIN: 
HODGES AND SMITH, COLLIDE GREEN. 

1843. 






ubhaby of rJiE 

ULAND STANFORD, JR., UNIVERSITY 
LAW DEPARTMENT. 



INDEX TO THE GAZETTE OF BANKRUPTS. 



ABBOTT, J., 138 

Acnmm, D. W., Acnrnan, 
W. E., & Acn. 
man, A. J., 230 
■ D. W., Acraaian, 

W. £., Acnrnan, 
A. J., Moigan, 
W., Holroyd, T., 
& Fraaklyn^ J. 
N., 23X 

AaoDS, H., 350 

J., 299 

R,, 154 

AM, J. S., 229, 231 

AUenej, J., 505 

AMiklk, S. J., 153 

Akzander, J., 85 

J., 93 

J., 169 

J.,&6ibbouyH., 

417 
— — J., Robeitaon, G., 

&Garrow» J.»85 
ASen, C, 401 

C, 514 

J., 153 

J., 416 

J. H., 171 

T., 417 

Andenon, J. H., 440 
J., & Garroir, W.^ 

95 

AnCfll, W., 160 

AntTobiis, D., 80 

J., 487 

ApIxD, J., 469 

Applegtrth, A., 317 

Applqfsid, S., 487 

T., 45 

AnjMT, J., 497 

Anaitage* S., Lang, J., Red- 
fevn« R., tc Sykei, J., 270 

Annstrong, G., 505 

T., 283 

AnoU, J. H., & WooUett, 

W. H., 105 
AnowBuritiiy B«, 289 
Alter, P., & Arthur, E. 271 
J*. & Arthor, D., 27 

Ajkcnft, W., 512 

Aflfawdl, J., 478 

Adiworth, E., 198 

J., 467 

A^wy, W. H., 10 
Aipinall, T., 237 
Atiwrtoot W., 505 
Atkins, J., & Atkins, J., 256 
Atkinson, J., 144 
J., 207 

Attree, R., 186 

Anty, J., & BonOej, Jo.» 440 

B. 
Baber, H. A.» 47 



Badoock, J., 366 
Bailey, C, 469 
E.,78 



Bainbridge, J., 198 
Baird, H., 207 
Baker, F., 299 

H., 326 

— J., & Swinbnniei E., 
298 
T., 505 



Baldwin, T., 80 
Ball, W. H., 366 
Ballinger, J., 154 
Banks, D. W., 53 

■ J., & BingeaSy J* 65 
Bannister, J., & Simpson, D., 

155 
Barbonr, D.,&Norrii, J., 244 
Barlow, B., 154 

J., 205 

J., 105 



Bamani, G., 27 
Barnes, J., 522 

R., 514 

W., 94 

Barratt, J., 177 

Barrett, R H., & Brown, J., 

434 
Barter, T., 206 
Barton, H., 401 

H., 405 

W., 478 



Bartram, T., 8 
Baatick, S., 497 
Bate, J., 67 
Batstone, J., 222 
Bayley, A., 146 
W., 469 



Bayntun, F., 169 

W. R, 94 



Beagley, J., 144 
Beal, T., 47 
Beanland, J., 197 
Beards, W., & Beards, O., 212 
Beaumont, J., 434 
J., 498 



Beck, L., 155 
Bedford, J., 124 
J. D., 93 



Beerbohm, J.E., ftSIangfater, 

W. E., 351 
Be]l,J. H.,&DaTiton, J.,488 

T., 469 

W., 498 

BelUngham, R, 478 
Belton, W., 219 
Bennett, J., 107 
J., 514 



Benson, T., 307 

Bent, H., & Dod, C, 18 

J., 289 

Berry, J., 186 
Biass, R., 186 
Bidmead, D.,94 

9L2 



Biggs, C, 317 
G., 196 



BigneU,T., 469 

BUI, R, 105 

Bilton, W., 222 

Bindley, C. , & Copland, F. 282 

Birch, E. A., 86 

Bird, J., 139 

Bishop, G., 17 

Blackman, H.,416 

Blackmore, R, & Craven, J., 

45 
Blake, D., 160 

. J., 115 

R, & Stono, W., 271 



Blason, T., 514 
Blatchford, P., 498 
Bloomenthal, I., 496 
Blnmenthal, A., 368 
Boddington, G., 317 
Bolahaw, J., 256 
Bolton, D., 125 
Bomford, T., 299 
Bond, W. H., 490 
Bonny, J., 125 
Boor, J. T., 388 
Booth, G., 138 
Boss, S., 497 
Bottomley, J., 298 
Boacher, J. B., 338 
BoogUnval, A.»& Purinctcm, 

J., 144 
Bould, P., 93 
Bourne, J. G., 219 
Bower, A., 246 

G., 198 

M., 207 

W., 45 



Bowers, C. D., 212 
J., 45 



Bowlby, R, 144 
Bowler, J., 317 
W., 514 



Bowra, E., 188 
Boyoe, S. C, 478 
Boyd, G., & Boyd, W., 298 
Boyle, W. E., 27 
Bradbury, C. A., 490 

J.,8iBradbu7,R, 



214 

Bradshaw, B., & Richardaon» 
G.,17 
J.,&WiUiama,G., 



160 
Brain, W., 153 

Brand, H., 391 
Brandon, D., 405 
Brayne, H., 46 
Brayshaw, C, 245 
Brennard, T., 467 
Brettargh, J., 206 

J„214 

Brettell, T., 179 
Brewer, W. H., 503 



Bridger, C, 170 
Bridle, J., 124 
Brocksopp, W., 351 
Bromley, J., 349 
Bromley, S., & Brown, M., 

154 
Brook, J., & Simmons, B., 

196 
Brooke, J., 52 

T., Lang, J., WUby, 

J., & Mihies, J., 256 

Brooks, J., 337 
Brooksbanks, P., 238 
BrokoTski, A. D., 513 
Brown, G. C, 19 

G., 54 

G. B., 469 

J., 78 

■ J., & Barrett, R H*, 

434 
— — M., & Bromley, S., 

154, 

S., 257 

W., 212 

W.,& Benny, T., 178 

Brownlow, R, 105 
Bryant, J., 391 
Buber, H. A., 37 
Buchanan, W. C, 171 
Buckett, J., 38 
Buckle, T., 17 
Buckley, A., 105 

J., 418 

M., 291 



Buckthought, J., 514 
Buckton, J., 137 
Buisson, J. F., 8 
Bull, R, 337 

T., 138 

W., & Turner, P., 469 

Bundey, H., 442 

Butler, J., & Butler, W., & 

Butler, J., 469 
Burdekin, E., 391 
Burgess, J., & Banks, J., 65 
Burgon, J. T., 503 
Burgoyne, W., 54 
Bumie, J., 17 
J., 25 



Burnley, J. O., & Avty, J.« 

440 
Burrell, W., 138 
Burslem, J. 498 
Burton, J., 381 
W., 317 



Bury, W,, 87 
Busby, R., 289 
Buahell, W., 124 
Busk, R. P., 17 
Bussey, E., 418 
Butler, J. A., 54 
Butter, P., 144 
Butler, W., 512 
Byng, W. B., 94 



IV 



INDEX TO THE 



Caldicott, T., 490 

Camm, D., Parkin, B., and 

Farrar, J., 207 
Cannabee, W., 105 
Canning, H. J., 52 
Canton, C. A., 45 
Cantor, C. A., .Low, H. M., 

& Westerman, W. M., 153 
Capel, H.,16l 
Capon, W., 467 
Carey, P., 125 
•Carlisle, J., 85 
Carpenter, W., 10 
Carr, W., and Carr, C. J., 115 
Carrington, G., 125 
Carron, J., 52 
Carter, T., 299 
Cartwright, G. £., 219 
Cassidy, G. B. K., 26 
€atson,T., & Walker, H. M., 

206 
Castle, T., 503 

W.,391 

Caswall, C, 46 
Cater, J. A., 153 
Chadwick, G., 17 
Chalk, G., 230 
Chaloner, J., 137 
Chambers, W., 27 
Chandley, W., 161 
Chapman, P., 125 
G., 269 



J. N.. 467 

T., 177 

T.. 270 

■ W., & Woodyer, 

C. M., 351 
Chapplow, W,, 198 
Charlton, H., 442 
Chamley, T., 105 
Chamock, W.,85 
Chatterton, J. H., 488 
Cheshire, T., 38 
Chew, S., 351 
Christelow, C, 25 
Clapham, H., 478 
Clark, P., 289 

J., 307 

* ' J. H., Bt Farrow, H* 

C, 219 
Clay, J., 230 
Clarke, J., St CUrke, R. P., 

126 

J. C, 38 

J. P.. & Lewis, O., 86 

T., 271 

Clegg, J., 244 

Clent, T., 95 

Clongh, R., & Galan, B. M., 

17 
— — S., & Clongh, W. T., 

10 
Coats, J., 401 
Coates, G., 521 
Cock, W., 531 
Cockbnm, J., 65 
Cockrill, R., 219 
Coker, U., & Scott, J., 18 
Cole, G., 338 

J., 126 

Coles, J.. 54 

CoUett, H. J., & Thomson, J., 

307 
Collett, T., & Smith, J., 282 
Ceilings, W., 467 
ColUngs, W., 469 
CoUingwood, A., 230 
CoUinson, J., 229 
CoUoB, A., & Thomson, A., 27 
Cook, D., 137 



Cooper, E., 155 

Cooper, J., 405 

Cooper, W., 153 

Cooper W., 291 

Copland, P., & Bindley, C, 

282 
Coqnrel, L., 317 
Corah, E., 317 
Cornish, T., 418 
Cottam, G. ,& Osbnm, W. , 503 
Cotterell, J., 186 
Cotton, J., 269 
CoolseU, R., 489 
County, J., 86 
Cozens, T. P., 93 
Craig, R., 338 
Crambrook, J., 440 
Crambrook, J., 467 
Cranfdrd, E. T., & Powell, P. 

K., 115 
Craven, J., & Blackmore, R., 

45 
Cree, J., 160 
Crespin, J. C, 503 
Cribb, W., & Cribb, B., 326 
Cridland, H., 505 
Crighton, J., 78 
Cristie, W., 25 
Critchley, J., 80 
Crompton, A., 212 
Crook, C, 138 
Crosby, W., Vallentme, B., & 

White, B., 160 
Crossfidd, A., 125 
Crowe, J., 113 
Crowther, J., 531 
Cnisset, J., 25 

Cnnard, J., & Ingram, J., 107 
Cunliffe, J., 488 
Cnnnington, J., 489 
Curtis, W., 54 
Cnttell, J., 214 

D. 
Dakeyne, J., 67 
DanieU,W., 298 
Darby, C. M., 256 
Darbydiire, J., 6c Pope, S., 

Darlington, W., 107 
DaTid, J., 67 
DaTies, D., 9 

D., & Davies, D., 38 

J., 65 

J., 497 

J., & Edwards, H., 



498 



R.,27 



Dayis, E., 497 
— — £., 80 

P., 188 

S., 434 

Dayison, J., 417 
J., & Bell, J. H., 

488 
Dawson, J., 137 

J., 188 

Day,S.,&Robberds,J.H.,17 
Dean, J., 144 
Deane, G., 469 
Dearberg, J. B. D., Green- 

weU, G., & WhitehaU, W., 

177 
Dedman, W., 478 
Delamain, H. P., 212 
DeU, J. J., 512 
Dennis, J., & Dennis, J., 10 
Dickenson, E. A., 137 
Dickins, J., 269 
Digby, G. S., O'Neil, C, & 

Salkeld, R., 405 



Dockray, J., St, Finder, T., 178 
Dod, C, & Bent, H., 18 
Dodds, W. G., 299 
Dodson, G., 67 
Donald, W., 186 
Donaldson, G., 65 
Doughty, M., 326 
Dover, J., 67 
Dow, A. W. G., & Richmond, 

W., 230 
Downing, T.,212 

W., 245 

Dransfield, R., & Dransfield, 

G., 137 
Duckett, H., 113 
DuffeU, R., 138 
Dugdale, T., 230 
Duncan, A., 179 

J., 512 

M..337 



Durlacher, L., 244 
Dyer, H. C. M., 178 
Dykes, T., 188 

E. 
Earland, J., 307 
Early, J., 283 
East, J., 105 

, W., 405 

Edlin, H., 137 
Edmonds, M., 487 
Edwards, H., & Davies, J., 

498 
Eiife, J. S., 531 
Elam, W., 307 
Elliott, R., 160 
Ellis, J., 490 
Ellison, J., 10 

, R., & Goodworth, J., 

488 
EUiston, H. T., 497 

W.,ac Nutter, J., 137 

Emerson, E., 196 
Emery, J., 87 
Endioott, T., 244 
English,C. G., 17 

H., 214 

Evans, C. S., 18 

E., St Evans A., 10 

J., 244 

R. Foster, J., Lang- 
ton, S. Z., & Pos- 
ter, T., 416 

S.,238 

T., 188 

. T., 497 



Everell, E., 487 

F. 
Paircloth, G. P., 230 
Farrar, J., Parkin, B, fle Ca- 

mon, D., 207 
Farrington, J., & Bouglinval, 

A., 144 
Farrow, H.C.,&Clark, J.H., 

219 
Paweus, H., & Fawcns, R., 

258 
Pkwcett, J., 521 
Feaver, T., 487 
Pehr, T. B., 442 

T. J., 298 

Fennell, E., & Fenndl, R., 

401, 433 
Pemandes, J. L., Fernandez, 

N. L., & Pemandes, J. L., 

505 
Ferris, C, 319 
Field, G., Sc Yandle, C, 442 
Fielding, J., &Pielding,T., 47 
Fielder, T., 489 



Fin, D.B.,477 

Pinden, W., & Finden, £. F.« 

186 
Firth, T., 124 
Fish, C, 477 

H., 52 

Fisher, J., 244 

J., 317 

J., St, Mihier, W., 368 

J., St, Fisher, G. H.^ 

222 

T., 469 

W.,54 



Fitton, J., 271 

Fletcher, W., 245 

Pihner, W., & Gooding, W« 

S., 125 
Flintiff, J.,124 
FUtcroft, S., 66 
Flood, J., 229 
Poord, G., 169 
Forbes, J., & Thomson, O., 

45 
Forge, R.W., 80 
Porster, G., 532 

S., 207 

Poster, J., Evans^R., Lang- 
ton, J. Z., & Foster, 
T., 416 

M., 230 

Fothergill, M., & FothergOl, 

M., 18 
Powell, P. K., St Crawftixd, B. 

T., 115 
Fox, W., 522 
Prance, J., 433 
Frances, J. M., 440 
Frank, J., 196 
Pnnkland, E., 113 

J., St Prankland, 

T., 93 

Prazer, T., 514 

Franklyn, J. N., Acraman, D* 
W^«, Acraman, W. E«, Acra* 
man, A. J., Morgan, W«y 
St Holroyd, T., 231 

Freeman, W^*, 298 

Frioonr, A., 433 

Frith, T., 467 

Froste, J., & Aahlin, J., 440 

Fuller, J., 186 

Fullfbrd, H., 418 

G. 

Galan, B. M., & Clongh, R.» 

17 
Gale, J., & Gale, J., 105 
Gales, T., Guest, W. J., Nais« 

by,J. P.,&Kirt]ey,M.,85 
Gander, J. D., 65 
Garcia, S., 114 
Gardner, B., Taylor, W., & 

Shand, W., 79 
Garman, C. E., 306 
Garrow, J., Robertson, O., & 
Alexander, J., 85 
W., & Anderson, J.,9§ 



Gatehouse, C, 53 
Gaulton, R., 299 
Gautier, P., 299 
Gawthorp, W., 533 
George, S. R., 27 
Gibbons, H., & Alexander, J., 

417 
Gibbs, J., 45 
Gibson, G., 196 
G., 222 

J., 146 

T.,306 



Gidden, T., 17 
Glfford, A. G., 317 



GAZETTE OF BANKRUPTS. 



Giffwd, G.y 45 
Gilbert, M., 326 
GiIl,B.«&Haiids, J.,153 

J., 146 

GikcM, T., 469 
Gflroj, W., 178 
Gmgo-, T., 205 
GipfiSt J. M., 46 
Gbdstooe, S. P., 113 
Goddvd, B., 160 

8.A.,&Hm,R.,434 

T. S., ae Ralei^, J., 
319 

T. 8., Raldgfa, J., & 

Holhnd, W., 319 

W,. 222 

Gooch, T., 337 
GoodAT. A., 440 
Gooac^T.S., 317 
Goote, J., 198 
Gooasredf J., 318 
Goodeve, W. S., 54 
Goodo^, W., 188 

W. S., & ramer, W., 

125 
Goodman, C, 139 

-. L., 391 

Goodwin, J«f 8 

Goodwortfa, J., & EDisoD, R., 

488 
Gqk^, J. B., 105 
Goraach, W., 401 
GoKicn, J., 522 
Go>ager, H., 67 
GoiiAP.W.,125 

E.T..219 

Gnnt, J., 467 

J. J., 219 

W. T., Hague, J., & 

MiDar, W., 434 
GnttoB, H., 146 
Gmta, J. P., 238 
Gny, J., & Walker, W., 85 

B. C, 9t Gny, H. T., 

270 

W. G., 186 

Gmydon, C, 107 
GnoYea, J., 418 
Gregory, J., 514 
Green, K>, 7o 

E. P., 245 

G.J.,139 

J., 478 

W.,488 

W.,489 

Gienwc]l,G., Dearberg, J.B. 
D., & WhitehaU, 
W., 177 
-»—«—' J., & Gieenwell, S., 

45 
Grimahaw, E., 144 
Gfoombvidge, J., & King, J. 
T.,289 

J., & Ring, J, T., 

291 
Grofea, J., 154 
Gfodf, W., 52 
Gmt, W. J., Gates, T. Naia- 
by, J. P., &Kirtiey, M., 85 
GvfliDid, G.» 146 



Haddock, J., 283 

Hadmgfaam, D., 178 

Hmw, J., Miliar, W., & 

Grant, W. T., 434 
Hai^, W., & WatkiiMon, R. 

P., 237 
fialfbfd, E., & WaUi, J., 258 
Han, J., 434 
— ^ J. E., &TooBe» Hm 17 



HaU, W., & Rainbow, R., 401 
W. C, & MarahaU, G. 

J., 442 

E.T.,&Hall,J.,533 

Hallett, 6., 47 
HaUiday, W., 137 
Halliley, E., 45 
Hancock, C, 169 
Hands, J., & Gill, E., 153 
Hare, B., 153 

v., & Hare, J. 

HargreaTes, J., 379 
Harker, G., 521 
Harper, E., 66 

, W., 198 



.67 



Harrill, G. C, 533 
Harris, T. P., 521 

W., & Hart, S. A.,405 

R., 379 



Harrison, G.H., 244 

H., 80 

H. T., 368 



Hart, P. W., 86 

S. A,, & Harris, M., 

405 
Hartley, T., 498 

P. W., 17 

Hartnell, M. A., 222' 
Harwood, H.. 298 
Havard, B., 160 
Hawkins, J., 238 
Hawley, G., 237 
Haworth, E., 55 
Hayea, E., 85 
Hayward, J., 38 
Hazell, R., 37 
Headland, W., 171 
Heap, J., 505 

W.,306 

W., Roberts, J., &Ro. 

berts, W., 38 
Heathoote, G., & Lerealey, 
W., 338 

R., 490 

Hedger, H., & Hedger, J., 

417 
Hedgman, J., 489 
Hensball, J., 138 
Hentig, R., 237 
Hepbam, P. A., 198 
Hepworth, J., 467 
Herdman, J., & Herdman,E., 

196 
Herring, J., & Herring, W., 

514 
Heslewood, W., Heslewood, 

R., & SUtt, J., 487 
Heward, H., 124 
Heywood, C. S., & Heywood, 
W., 198 
W., 188 



Hibbert, 6., 160 

Hickman, H., 306 

Hide, S. E., 47 

Higgins, J. , & Mannock, J. ,45 

HiU, J., 162 

R., & Goddard, S. A., 

434 

T., 212 

— ^- W., & Wackerbath, W. 

K., 188 
Hilliar, J., 496 
HiUyard, B., 115 
Hilton, E., & Walsb, N., 222 
H., 282 

J., 144 



Holebrook, C, 153 
HoUand, J., 229 

W., Raleigh, J., & 

Goode,T.S.,319 
Holloway, C, 326 
Holmes, B., 381 
W., 85 



Hoad,W.,522 
Hoare, W., 497 
Hobday, S., 146 
Hodson, J., 533 
Hodgson, D., 26S 



Holroyd, J., 67 

— T., Acraman, D. 

W., Acraman, W. 
E*, Acraman, A* 
J., Moigan, w., 
&Pranklyn,J.N., 
231 

Holt, D., 337 

H., 26 

J., 37 

T.,52l 

W., 490 

Holyland, T., 478 
Homer, C, 188 
Hooley, J., 138 
Hooper, J., 238 

T.,289 

W., 138 

W.,179 

W.,433 

Hope, J. P., 65 
Hopkins, J., 214 

. — W. H., 126 

Homcastle, J., 86 
Hoskina, J., 229 
Honlding, W., 212 
Hounsfield, W., 162 
Howard, D., 230 

J., & Wood, J., 177 

Howartb, G., 9 

Howie, A., & M'Conkey, T., 

388 
Howorth, W., 139 
Hudson, J., fie Hudson, J., 

229 
Humphrey, T., & Humphrey, 

T., 229 
Humphreys, P., 244 
Hunnybun, J., 53 
Hunt, W. N., 79 
Huntsman, C, 505 
Huriey, J., 144 
Hnrrell, T., 67 
Huskisson, W., 337 
Hutchinson, T., 337 
Hutton, G., 168 
J., 78 



Hyatt, T., 505 
Hyde, G. W., fie Wright, T. 
W.,95 



Ingram, J., fie Cunard, J., 107 

InsoU, R., 214 

Irrine, J., 179 

Irwin, R,, fie Irwin, J. G., 38 

laelin, J. J., 351 

iTery, J., 282 



Jackson, C, 115 

H.W., 199 

J., 212 

J. H.,246 

J., 197 

' S., fie Jackson, T. P., 

86 
Jacob, A., 388 
Jaoobson, S., 244 
James, J., 522 
Janes, T., 229 
Janion, R. C.,498 
Jarrett, A., 114 
Jay, J., 469 



Jefferson, R., 307 
Jeffreys, H. C, 289 
Jenkins, E., 155 
J.. 349 



Jellicoe, O., 337 
Jennison, J., 505 
Johnson, G. T. P., 238 

J., 237 

J., 239 

J., 125 

— — — M . , fie Johnson, W., 
212 

O., 207 

T., 160 

T.T., 196 

W., 154 

W., 155 

W., 171 

Jolley, J., 37 
Jones, B., 391 

C.,514 

G.,289 

J., 299 

J., 93 

J., 155 

J., 186 

J.H., 124 

R., 144 

T.. 206 

T.,490 

Jopp, A., 52 

Jordan, P., fie Seddon, W., 258 
Jud, R., 319 



Kearaley, T., 138 

Keen, R., 391 

Kellock, H. G., & KeUock, A. 

D., 290 
Kelly, J., fie Swann, J., 212 
Kempster, W., 207 
Kennan, G. P., and Samson, 

A., 206 
Kerrison, W., 212 
Keys, E., 169 
Kilsby, J., 113 
Kimpton, T., 521 
King, C, Sandell, J., fie King, 
D. H., 271 

E.J., 105 

J. T., fie Groombridge, 

J., 289 

W. H., King, H., fie 

King, D., 153 
Kirkpatrick, J., 47 
Kirtley, M., Galea, T., Guest, 

W. J., fie Naisby, J. P., 85 
Kitchener, T., 8 
Knight, S., 283 

W.C.,505 

Knowles, G. T., 442 
Kynnersley, W., 8c Kynnen- 

ley, H., 155 

L. 
Labatt, E. H., 349 
LaccT, H., 146 
Lambert, R., fie Massey, E.^ 

440 
Lamprell, R., 67 
Lancaster, T. J., 467 
Lane, E., 478 

J., 10 

Sw,54 

Lang, J., Armitage, S., Red- 
feam, R., fie Sykes, J., 
270 
*— - J., Brooke, T., Wilby, 

J., fie Milnes, J., 256 
Langton, J. Z., Evana, R., 
Poster, J., & Poster, T., 416 



Tl 



INDEX TO THE 



Laurence, B., 4S$ 

W.,205 

Lawley, J.. 477 

Lawson, D., 48S 

Lawtlier, J., ftS 

Laycoek, J., 25 

Layton, J^ 131 

Lazanif , S. L., 8{^ 

Leach, A., Leach, J., &Leaoh, 

J., 85 
Lediard, T., 246 
Lee, R. £., 170 
Leea, S., 154 
Leiceater, P., 19 
Leighton, A., 269 
Leonard, J. 8., 52 
Lethbridge, O. P., 505 
Leresleyt W., & Healhoote, 

6., 338 
Lewin, R., 368 
Lewis, O.. & Clarice, J. P., 86 
Life, S., 222 
Lindon, J., 440 

J., 467 

R., 442 

R., 469 

Lines, S. B., 503 
Linstead, E., 115 

LUton, J., & Nairn, W., 489 
Little, P., 478 

T., 105 

LIttledyke, R., 45 
LitUefield, J., 291 
Llewellyn, M., & Walters, P., 

219 
Lloyd, D., 169 
•y^ 93 

Lodkley, J., 105 
Lockwood, J., 146 
^ ■- . ■■ J., & Lockwood, 
G., 154 

J., 531 

Lodge, J. B.. 440 
Long, C, 188 

T., 212 

Longridge, G. W., 198 
Looney, W., 53 
Looiemoore, R., 283 
Low, D., 256 

^— H. M., Westenmm, W. 
H., ft Cantor, C. A., 153 
Lowe, P., 107 
Lowther, J., 478 
Lozham, R., 85 
Loyall, P., 154 
liTOO, R., 283 
..-^- W., 418 

M. 

M'Conkey, T., fc Howie, A., 

388 
M'Coonal, J., 381 
M'Gahey, J., 283 
McLean, J., 66 
M'Leod, N., & Yarrow, C. 

B., 205 
Madeod, W., 94 
Magnus, S., 113 
Maidlow, C, 505 

J., 18 

Mainwaring, W., 219 
Mallan, E., 38 
Man, W., & TomKn, J., 214 
Manning, E., & Manning, C. 
C.,46 

-^ T., 533 

Mannock, J., & Biggins, J.^ 

45 
ManseU, E., 391 

W. W., 512 

Maawaring, M., 487 



Marsden, J., 146 
T., 490 



Manh, R.t 160 
MMTriiall, C^ 169 

O. J., 440 

G. J., U HaU, W. 



C, 442 
Martin, R., 118 

T. Q.. 401 



Maaott, T., 78 

W., 460 

Massey, E., & Lambert, R., 
440 

Mathe, A., & Moore, S., 379 

Matthews, D., 513 

J., 94 

W., 381 

Mayer, J. C, 505 

J., 531 

Mayor, J., 146 

Meale, T., 212 

Meams, W., 339 

Mennell, T., 299 

Meredith, J., 497 

Merridew, H., 212 

Messiter, B. 8., & Messiter, 
P., 244 

Metcalf, J., & Metealf.T., 269 

Miles, H., 434 

Millar, W., Hague, J., & 
Grant, W. T., 434 

Miller, J., 45 

Milnes, J., Brooke, T., Lang, 
J., & WUby, J., 256 

MiUington, T., 477 

Mills, J., 258 

J., 207 

R., 94 

W., 245 

Minty, E., 137 

MitdieU, F. J., 153 

Molson, J., & Spinks, J» S., 
857 

Moore, J., 476 

J., 154 

S.,8 

S., 8t Matho, A.» 879 

More, J.y 160 

Morgan, W., Acraman, D. 
W., Acraman,W. B., Acra- 
man, A. J., Holroyd, T., 
& FranUyn, J. N., 231 

Morris, T., 93 
W., 52 
W.. 105 



MorHson, G., 115 
W., 138 



Moss, E., 245 

S. D., 207 

Mottr^m, J. S., 307 
MuddeU, J.,434 
Monday, T. H., 269 
MnBlnger, £., 85 
Mumford, J. C., 503 
Munton, R. N., 298 
Murray, E. T., 25 

N. 
Nairn, W. & Lbton, J., 489 
Naisby, J. P., Guest, W. J., 

Gales, T., & Kirtley^ M., 85 
Nash, J.,&Na0h, R.L.,38 

W., 299 

Needham, J. S., 19 
NcvUl, J. W., 105 
NeviUe, E.,& WiUiami, C. J., 

113 
Netins. P., 222 
New, M., 179 
Newcomb, F„ 478 
Newman, C, 307 



Ne«iick» J.M. B^& VtiOktat, 

J.O.,818 
Newton, G.J^ 522 
Nkhol, G. 6., 291 
NichoUs, C.,37 
W..8 



Nichols, S., 53 

Nieholson, C. M., 505 

Ntz(m,J.,80 

Norris, J., fie Barbour, D., 

244 
Nottingham, J., 199 
Noyra, G., 10 
Nurse, P., 299 
Nursey, R., 19 
Nuth,R.lS7 
Nutt, D.. 107 
Nnttor, J., 115 

J., & ElUston, W., 



137 



O. 



Oakley, B., fii Wise, J., 498 

Oglan, H., 298 

Olden, G., 350 

Oldham, E., fie Oldham, T., 

144 

G.,339 



Oliver, W.. 503 

O'Neil, C, Salkeld, R., fie 

Digby, G. S., 405 
O'ReiUy, C, 139 
Ormrod, J., 219 
Osbaldeston, F. J., 155, 160 
Osbnm, W., dt Cottam, G., 

503 
Otley, M., 229 
Outcherlony, T., 170 
Owen, J., 125 
S., 37 



P. 
Page, C 93 

J., 93 

Paine, W., 531 

Pallsser, R., 125 

Pallister, J. G., fie NewrSd:, J. 

M. B., 318 
Palmer, J. 307 

J.W.,246 



Parbery, J., I 
Parker, J., 477 

S., 489 

Parkes,W.H..351 
Ftekin, B., Camin, 

Farrar, J., 207 
Fan, W., 244 
Ptary, J., 478 
Parsons, J., 66 
Partridge, J, B., 80 

S., 521 

Pan, D., 238 
Payn, H., 366 
Payne, W., 137 
Peake, P., 93 
Pearcy, J., 155 
Pearson, J., 207 

M., 379 

Pendlebury, C, 188 
Pepper, J. ,418 
Percival, R., 512 
Perry, T., 478 
Phimps,J.,476 
J.. 487 



D.» fie 



Pickering, J., 137 

Pickles, M., fie Webster, J.^ 

478 
Pidcock, J., fib Burton, T., 

160 
Piggott, W. R., 78 
Pile, G., fib W« J. B. Staanton, 

533 



Pilling, J., 66 

Finder, T., fieDockray, J.,178 

Pine, J., Simmoiis, L, fieflfm- 

mons, J., 186 
Pinkerton, R., 469 
Pitcaim, T., 219 
Pitt, H., 514 
Plowman, T., 124 
PoUock, J., 178 
PontercorboU, A., 144 
POora, E., 237 
Pope, D., 161 
S., fib Darbyshiie, J., 

113 
Porter, J«, 139 
Portway, G., 497 
Povey, W., 10 
Powell, B. P., 498 
J., 94 



Pratt, P., 87 
Pratten, C, 178 
Price, B., 487 

M. C, 212 

Protheroe, J., 45 
Pugh, W., 401 
Pulman, J., 219 
Pye, W., 503 
^e, P., 146 



Qnaife, T., Tyrrell, T. J., fie 

Quaife, J., 198 
Quick, M., 186 

R. 
Rackham, J., 146 
Radford, J., 154 
J., 186 



Rainbow, R., fie HaU, W., 401 
Raleigh, J., 291 

J., fie Goode, T. S., 

319 
•.--^»- J., Gooda, T. S., & 

Holland, W., 319 
Rate, J., 257 
Ratherham, C, 237 
Rawdon, J. C., 391, 401 
Ray, J., 531 

S., 442 

Rayne, W. R., 124 

Rayner, W., fie Rayner, J.,476 

Reach, G., 124 

Reay, W., 289 

Redfeam, R., Lang, J., Ar- 

mitage, S., fie Sykes, J., 270 
BfldfiBTO, M., Redfem, W.^ 8c 

Radfem, J., 138 
Reed, J., 144 
B ees, B», 169 
Reeve, J., 307 
Reid, J., 351 
RennoMson, G., 237 
Renny, T., fie Brown, W., 178 
Richarda, J., 146 
W., 52 



Richardson, £. P., 269 

G., fie BradaluLW, 



B.,17 
Richmond, G., 514 

J.. 327 

W., 8c Dow, A- 



W. G., 230 
Ricket, H.. 125 
Rigden, J. M., 80 
Ri41ey, G., 388 
Ridgway, T., 212 
Ring, J. T., fie Groombridge, 

J., 291 
Robberds, J. H., & Day, 8.» 

17 
Roberta, £., 299 



OAZETTE OF BANKRUPTS. 



til, 



R., 214 

W.,9 

BobertMB, G.> G«tow« J.» & 

I Cy 196 

£. B., 442 

J., 217 

J. B., & bUnwrn, 

W.. 497 

W.,«7 

Bogen^E., 24S 

H., & Eogers, F., M 

H., 282 

H., 503 

J., 161 

S.,2» 

RiiIK&,2B3 
BflK, H., 196 
BflCiie.6.E.,229 
Bcmdl, T., 487 
Bovky, J., 179 
Bowocth, W., 405 
Riisliton, S., 258 
Baaidl, R., 170 

R., 207 

Rykad^W., 497 



SL Clair, G. H., 144 
Sdlkdd, R., O'NeU, C, & 

Disby, 6. S., 405 
SatwU G. B., 514 
Samsom, A., & Kennan, G. 

P., 206 
Sndun, F., & Sandara, C, 

\^ 
SniddUJ..Kiiig, C.» & King, 

D. H., 271 
SuMfera, J., 26 
SasdenoD, C, 19 

J., 222 

R., 162 



> P., 368 
Sargent, G., 231 
Sargent, J. N., 521 
Satterthwaite, J., 161 
Savage, G., 469 
Scale, R. B., 146 
Scbleaiiq^, M., & Scfaletin. 

ger, M. S., 45 
SdMfidd, W., 54 
Seott, J., 146 

J., 269 

J., & Coker, IL, 18 

T., 113 

W., 289 

r, J., 476 
h S., 271 
^ ..J- 161 
Seifi^G.. 155 

5m^q||, p. 291 

T., h Seddon, G. 38 

W., & Jordan, P., 258 

Senior, W. M., 522 

Seyeosaa, D., 8 

Sevins, G., 478 

Sevdl, J., 476 

Shand, W., Taylor, W., & 

Gandner, B., 79 
avman. P., 26 
Sarp' R- J-. 25 
Shav, J., 146 
Sberiock, G., 162 
Siatpson, J., 144 
%&moDda, H., 366 
SimmoDs, B.,& Brook, J., 196 

J., 337 

J., 178 



Simmons, J., SiamOM, J.« & 

Pine, J., 186 
Sianoa« &, 405 
Skelton, J., 271 
Skipp, G., 258 
Skitt, J., He8WiN>od, 'VT,, & 

Heilewood, R., 487 
Slater, W., 80 
Slaughter, W. L., & 

bohm, J. L., 351 
Sleeman, T. 52 
Sly, J., 52 

S., 146 

SmaUooiBbe,J.,505 
Smalley, J., 178 

W., 169 

Smith, D., 467 

D. B., & Smith, J< 



Beer- 



W.,8 

E., 113 

E., 144 

J„ 65 

J., 138 

J., 179 

J.. 186 

J., 237 

J., 505 

J. C, 381 

J. R., 171 

J., & CoUett, T., 282 

R., 522 

S.. 144 

S. H.. 257 

T., & Taylor, T., 137 

W., 54 

W., 179 

W., 214 

W., 522 

W. G.. 207 

W. H., 155 

Smithson, T., 433 
Smyth, R. H., 366 
Sneade, S. C, 125 
Sorby, J., 434 
W..52 



Southern, J., 162 
Sonter, J.,467 
Spanton, J., 37 
Sparham, J., 239 

J.. 257 

Speakman, S., 153 
Speare, G. O., 25 
Spenoe, £., 144 

J., 349 

T., 496 



Spencer, J., 319 

Spinks, J. S., 8c MoUon, J., 

257 
Spoor, A., & Spoor, A., 10 
Stanford, J., 196 
Stanley, C, 327 
Stansbory, J., 170 
Stanway, G., 86 
Starie, W., 405 
Starling, J. P., 433 
Stathan, T., 52 
SUnnton, W. J. B., 521 
Steane, R., & Steane, R., 229 
Steele, E., 105 
Steggall, J., 214 
Stephen, T., 338 
Stephens, J., 9 

S. P., 79 



Stephenson, G., 138 

P., 27 

T., 85 



Steoart, R., 442 
Stevens, H., & Stevens, J. ,207 
Stewart, J., 179 
W., 138 



Stone, E. J», 26 

W., & Blake, R., 271 

Strachan, A., 8 

Stratton, E., 37 

Street, W., 467 

Striiu^r, R., 137 

Staart, J., 256 

Style. E., 188 

Suffolk, J., 467 

Sunderland, H., & Wrigftt 

G..17 
Stttcliffe, J., 10 
Sutton, R., 160 
Swallow, J., SwaQow, J., & 

SwaUow, G., 533 
Swann,J., 219 

f, & Kelly, J., 212 

Swinburne, E., & Baker,. J., 

296 
Sykes, J., lAag,!., Armitage, 

S., & Redfeam, R., 270 
Symonds, S., & Symonds, S., 

327 

T. 
Tatham, T., 207 
Tattersall, J., 186 
Taylor, S» C, 170 

J.. 532 

T. D., 146 

T., & Smith, T., 137 

W., Sband, W., & 

Gardner, B., 79 
Telfer, A., 186 
Terry, A. M., 418 

R.. 115 

Thirkell, J. P., 244 
Thomas, D.. 488 

G. D., 388 

J., 85 

M.,219 

T., 107 

W.,488 

Thompson, G. A., & Thomp- 
son, B. J., 85 

B.,197 

E., 522 

J., 351 

J., 54 

J., 27 

R. B.,207 

T.,317 

Th. ,& Thompson, 

J., 139 

W., 78 

Thomson, A., & CoUos, A., 27 

G., & Porbes, J., 45 

J., &Collctt, H. J., 

307 
Thomiley, B., 490 
Thornton, J., 105 
Thorold, B. H., 522 
Thorp, S., 379 
Thorpe, S., & Thorpe, T., 388 

W.,179 

W., 418 



Stokes, G., 138 



Till, E., 113 

H., 137 

J., 291 

Tilston, J., 169 
Timbrell, G. P., 78 
Timmins, C, 258 
Todd, T., 307 
Tollemache. W. L. P., 318 
Tomkies, E., & Tomkies, T., 

177 
Tomkinson, W., 440 
Tomlin, J., & Man, W., 214 
Toone, H., & Hall, J. E., 17 
Townley. C. J.,307 
Triggs, J., 207 
Tnibridge, W., 298 



.Tuckett, H. G. P^ 489 
TugweU, H., 10 
Turner, P., & Boll, W., 469 

J.,«Tttmer,T.»155 

Rd., 9 

R., 107 



Turvill, R., 107 
Turpin, T., 212 
Tyrrell, T. J., Qadfe* J., 
Quaife, T. 1., 196 
U. 
Urqohart, W., 368 
Urry, R. R, 498 



Vaile, W., 45 
VaUentina,B., White* B., St 

Crosby, W., 160 
Vandeigutch, 65 
Vanderlyn, J., 467 
Vardy, J., 339 
Vickers, W., 115 
Vincent, J., 503 
Vogel, J. W., 256 

W. 

Wackert>aih, W. K., & HiU, 
' W., 188 
Waccy, J.. 307 
Wade, I., 498 
Wagstaff, S., 115 
Wagstaffe, L., 327 
Walford, A . 476 

W., 327 

Walker, D. S., 107 

H.M.,&Casson,T., 

206 

T., 105 

W., 198 

W., & Gray, J., 85 

Waller, E. H., & Waters, W„ 

169 
Wallis, W., & Wallis, J., 160 
Wallworth, J., & Wsllworth, 

T.. 139 
Walsh, J., & Halford, E., 258 
N., & Hilton, E., 222 



Walter, J. B., 219 

Walter, P., & Llewellyn, M., 

219 
Ward, B., 10 

W., 169 

W., 282 



Warden. G., 317 
Wame, E., 46 
Warren, J., 105 

R.,487 

Waters, S., 469 

J.. 37 

R., 45 

W.,& Waller, E. H., 



169 

Watkinson, H.J.,282 
R. P., & Haigh, 

W. 237 
Watson, G. H., 245 

J., 271 

J., 95 

R., 162 

R. L., 478 

T., 503 



Watt, J., 153 
Watthew, C.W., 496 
Watts, W. 219 
Webb, A., 25 

C. H., 80 

J., 105 

J. A., & Webb, V.p 

214 

R. J.,442 

W. R., 125 



Tin 



INDEX TO THE GAZETTE OP BANKRUPTS. 



Webb W., 212 

— W., 513 
Webber, W.. 144 
Webster, E. S., S6 
J., & Kcklee, M., 

478 
Welldon, S. £., 25 
Wells, J. D., 37 

W.H., 155 

Wert, E. P., 326 
Wefterman, W. M., Low, H. 

M., & Cantor, C. A., 153 
Weetwood, H.,271 
Whapshott, W., 434 
Whatley, D., 207 
Wbeckr, F. A., 95 
Wheeler, W. D., 327 
Whiiby, L.,45 
Wbite, B., Croiby,r W., & 

Vallentiiie, B., 160 

■ S., 418 
T., 319 

— H., 533 
Whitehall, J., 497 

■ W., 6reenwell,6., 

ae Dearberg , J. B. 
D., 177 



Wickham, H., 107 

Wicks, J., 497 

Wigney, J. N., and VHgMj, 

C., 86 
WUby, E., 178 
■ J., Brooke, P., Lang, 

J.,&Mifaiei,J.,256 
Wilcock, R., 10 
WUoocki, W., 25 
WOd, S., 113 
Wneman, T., 503 
Wilkins, B., 269 
Wilkinion, J., 478 
W., 144 



Wllki, W., 178 
Willaa, R., 212 
Wflliama. C. J., & NeviDe, 
E., 113 

O., ae Bradahaw, 

J.. 160 

R., 244 

T.,229 

W.,257 



WUliamaon, T., 505 
WiUia, M., 138 
WiUock, M., 533 
WiUon^by, J. R., 45 



Wilaon, J., 532 

R.,27 

T.,&Wi]ion,W.,238 



'Vender, T., 115 
Winter, H. S., 434 
■ J., 489 

T. J., 170 



Wise, J., & Oakley, E., 498 
Womersley, R., 338 
Wood, B. J., 379 

H.,238 

J. A., 107 

J., & Howard, J., 177 

Wood, J„ Wood, J., 
Wood, J., Wood, R., 
Wood, J., aeWood, 
C.,433 

T. H., 270 

W., 270 

Woodcock, J., 45 
Woodhead, J., 105 
Woodman, T., 229 
Woods, S., 144 
Woodyer, C. M., & Chapman, 

W 351 
WooUatt, W. H., ft Arnold, 

J. H.,105 



WooUey, S., 196 
Worboys, 6. B., 497 
Wordey, T., 144 
Wooster, T., 27 
Wrangfaam. R. J., 299 
Wreo8han,C.L.,271 
Wrigge, 0., & Smiderla&d,H . , 

17 
Wright, J., 80 
Wright, J., 115 
T. W., & Hyde, G. 

W.,95 

W.. 513 

Wrigley, B., 178 
Wyatt, J., 416 



Tabkmaky, L., 258 
Tandle, C., & Field, 6. 442 
Tarrad, J., 368 
Yarrow, C.B., ft M<Leod, K.» 

205 
Yonng, E., 107 

J., 170 

W.. 18 

Youngeri S,, S79 




)V 






No. 262. 



JAN. 15, 1842. 



With Supplement, 2s. 



*^* 7%efollawmp are the Names o/tke Gentlemen who 
fmeem Ths Jubibt toAA lUporte of Cases argued and 
decided in the several Courts of Law and Egnity: — 

Amei^I^imh /E. T. HooD, Esq. of the Inner 

ooavOTi^inv ^ Temple, Barrister at Lew. 

PriryCoaDeil |T«ni80N Edwailds, Esq. of the 

7V4Hnai ^ Inner Temple, Barrister at Law. 

House of ComnMns Elee- fA. V. Kikwan, Esq. of Gray's 
tion Committeea \ Inn, Barrister at Law. 

The Lord Chanoenor's JE. T. Hood, Esq. of the Inner 
Cooft \ Temple, Barrister at Law. 

Master of tiie BoBs Conrt / ^J* »f ~5»» ?»^- ^^ «»• ^^^^ 
mms^ fjt XDK aaoM K^am-^ Temple, Banister at Law. 

YvatX^amedkr of Eqg- f Tbmison Edwaads, Esq. of the 
hod's CoQit \ Inner Temple, Barristerat Law. 

Viee4:hnedlor Brace's / W. W. Coornn, Esq. of the Inner 
Covt \ Temple, Barrister at Law. 

Vfee-Chwinrflnr ¥%«m's f E. J. Bbtib, Esq. of Unoohi's 
Cout \ Inn, Bairister at Law. 

{E. Kbmpm)n, Esq. of the MidAe 
Temple, Barristers at Law. 

co»trfE.d«,«, {^'^i;^^^:''^''''^' 

ErrirmiHc al and Admi-JDr. R. PHiLUMonB, of Doctors' 
rakjCevits \ Commons. 

^'^'^ {^S"^;^;tLlw!'°°°^'' 

LOlf DON,. J^ANUARY 15, 1842. 

The pveeent Nvinber of The Jukist commences the 
2few Series, on the extended pLm, of which we gave 
notiee to oar readers in a former Nmnber. (Vol. fi^p. 
856). In departing in any degree &om the plan whidi 
we hare so long pnraued in conducting this Joumaly we 
&el that it is necessaijy and due to our readers and 
««sclvw, to state fully the reasons of the change, not 
«ily that we may protect ourselves from the imputa- 
^nof a mere love of change, hut that we may satisfy 
our reados, that, if the cost of perusing Thb Jubist 
sbftU heeome henoefbrth a heavier charge on their 
worldly estate, there is good ground to anticipate, that 
f hey win derive an advantage in the shape of quantity 
and quality of legal information, equivalent to the in- 
creased expenditure. 

For some time past, our readers may have ohserved, 
that the Reports of The Jurist have been acauiring 
«n increased importance in the eyes of the Proiession. 
They are very frequently cited at the Bar; thev have 
been not infrequently adverted to from the Bench ; and 
they are now constantly referred to in text books pro- 
ceeqjny from the pens of the most eminent writers*. In 

* See Jarutti's Wills, Stoiy's Equity Jurisprndenoe, 
Hayes's CoBvejanciiigi passim, 

Vou Yh A 



fact, The Jurist has become,- we may venture to assert, 
a book of reports of authority. All these indications 
of increased reputation and utility have convinced the 
conductors of this Journal, not that they have attained 
the point at which they may say jam satisj and rest 
oontented with the perfection of their labours, but that 
they have so fairly and fully entered upon a career of 
usefulness to the Profession, that it behoves them to 
press onwards, and seek, by every means in their power, 
to deserve more eminently its approbation and support. 

From the very limited extent hitherto allotted to 
The Jurist, it has been found frequently impossible to 
report all the cases deserving of attention ; and if any 
particular case of great importance occurred in one 
Court, it became necessary, in order to give that case 
with the fullness which its importance demanded, to 
eortaO, or sometimes omit wholly, the Reports of Cases 
in some other Court. If this was so before the creation 
of the two new Equity Courts^ it became necessarily 
much more so afterwards; and the mere addition of 
the Reports of Cases in these Courts would alone, if not 
provided for by some additional ammgements, have 
been productive of deterioration in the general quality 
of the Reports. 

Within the last few years also, the cases in the Judi* 
cial Committee of the Privy Council have assumed a 
character of greater general importance and interest 
than they had formerly. The jurisdiction of that 
Court has been extended ; its sittings have become more 
regular and frequent; it has enjoyed the advantage of a 
more regular Bar, and a more permanent and learned 
Bench ; it has, in fine, become so much an integral and 
viable portion of the judicature of the country, that a 
Journal of Law Reports can hardly be now held com- 
plete, if it does not take cognisance of the proceed- 
ings of that tribunal. 

Lastly, the conductors of this Journal have been 
led to believe, that the Members of that branch of the 
Legal Profession which assists in the administration 
of justice in the Ecclesiastical and Admiralty Courts,' 
have felt great inconvenience from the want of some 
regular and speedy publication of Reports of the Cases 
occurring in those Courts; which, as it is well known, 
have never enjoyed the advantage common to the 
Courts of Law and Equity, of an unbroken series of 
Reports. 

To include thus the Reports of Cases in at least six 
additional Courts, in a space already too confined for 
the cases arising in the Courts of Law and Equity, was 
manifestly impracticable; and to have attempted it, 
permanently, would have been to reduce The Jurist 
from its present standard of utility to the position of a 
mere collection of notes, too brief and uncircumstantial 
to be of any practical use. 

On these grounds, therefore, the conductors of The 
Jurist have determined on the plan of extending its 



THE JURIST. 



pages to a sufficient limit to allow: fizstly, of reporting 
the casesy not only in those ConrU in which the pro« 
ceedings have heen hitherto reported in it, but also in 
the additional Courts mentioned ; and, secondly, of im- 
proving the general quality of the Reports, by putting 
It in the power of the learned counsel who prepare 
them, to report more numerous cases in the several 
Courts ; or, when there are cases of particular import- 
ance, to report them, if necessary, more fullv. 

It is the aim, and it is hoped it will be the result of 
this extension of plan, that the Reports of The Ju&ist 
may attain a degree of accuracy and detail, and, eense- 
quently, of practical utility, which will induce its 
readers not to regret that it is has become a somewhat 
more costly publication. 

With re^rd to the remaining objects of The Jurist, 
no change m the matter is contemplated. It will still 
continue to devote a portion of its pages (and that to 
about the same extent as hitherto) to General Observa- 
tions on the State of the Law — on the Pro|;re8s of Law 
Reforms— on Bills pending before the L^slature; and 
such other matters of supposed general interest to the 
Profession as have hitherto formed the subject of its 
leading articles. It will also still occasionally contain 
in its pa^ Dissertations on Matters of Legal Learning, 
and Reviews of Publications on the Law. 

It is intended, however, to make a change in the 
arrangement of the Original Articles and General Mis- 
cellaneous Information, which will be so printed and 
paged as to allow of their bein^ entirely detached, leav- 
mg the Reports to form, if desired, a distinct volume of 
themselves. This arrangement is adopted with the 
double view of preventing the necessity of each annual 
collection of The Jurist being formed* into one volume 
of inconvenient size ; and of separating that portion of 
the Journal, which is strictly practicd and permanent, 
^m that portion of it which must, necessarily, be only 
of passing and temporary interest. 



We have received from ** The Committee of the Bir- 
mingham Law Society" the following copy of resolu- 
tions passed at their annual meeting on the 23rd of 
October, with a request that we will exert our influ- 
ence, ** not less on account of the public than of the 
Profession, to put a stop to the evil referred to." 

^* That, in the opinion of this meeting, the seller of 
real estate should bear the whole expense of deducing 
and verifying the title whicli he contracts to shew; and 
that it is the necessary effect of stipulations imposing 
this expense on the purchaser, that many titles are 
passed when really baa, and most are subject to a dan- 
gerous defect of evidence; and thus, the holders of nro- 
perty are becoming more and more insecure, and Soli- 
citors at once lose, to a rreat extent, the highest depart- 
ment of business, and, by the sacrifice, incur the most 
alarming responsibility. 

" That it is, therefore, the duty of every Solicitor not 
only to omit such stipulations in all conditions prepared 
by him, but to resist every attempt to introduce them 
at sales by auction. 

•* It is not, however, intended to interfere with stipu- 
lations restricting the title to be shewn in any case, out 
merely to oblige the seller to prove the title which he 
undertakes to shew. 

*^ That this resolution be printed, and a copy sent to 
every solicitor within thirty miles of Birmingham.'* 

We are not acquainted with the constitution or ob- 
jects of the Birmingham Law Society, but we are very 
much su prised that any body of Lawyers should have 
been guilty of a manifesto so absurd and discreditable 
as this. Do these gentlemen suppose that they, or ** all 
the Solicitors within thirty miles of Bii-mingham,'* or 
even all the Solicitors on tne roll, can dictate to sellers 
and buyers the terms on which ihey shidl deal; or 



that takf snch restriction wodld be beneficial, if it could 
be enforced t We should hdve thought, that, in the 
manufacturing ^istric^ at least, the policy of leaving 
the r^ulatioa pf commerce entirely in the hands of the 
parties concerned, would have been better understood ; 
at any rate, that Solicitors would have known that 
it is their duty to do the utmost that can honestly be 
done for the interests of their clients — and not to make 
any compromise for the benefit of third persons^ who 
are quite able to protect themselves. 

The proposition of the Birmingham Law Society is^ 
however, obviously false, as fitf as the iatersets of tbm 
public are concerned; for the effect of throwing th« 
whole expense of deducing and verifying the title upon 
the seller, is to encourage the purcha^r to make all 
kinds of unreasonable and frivolous requisitions and 
objections, which he would never dream of insistiiig 
on as essential to his security, if part or the whole 
of the consequential expenses were, according to th« 
modem and salutary practice, thrown upon him. If, to 
save his pocket, he neglects inquiries which are pni* 
dent or necessary, the fault is entirely his own or his 
Hgent's, and not at all that of the system. 

Edward Cave, who projected the Gentleman's Maga- 
2in^, never looked out of window, aceordinjg to Johnson, 
but with a view to his magazine; and Brindley, the 
engineer, once avowed his belief, before a Committee of 
the House of Commons, that Providence, in creating 
rivers, had solely in view the feeding of navigable ca^ 
nals. So, the gentlemen of the Birmingham Com- 
mittee seem to ima^ne that estates are sold and 
bought solely for their eroolument» Indeed, the true 
source of their tears is avowed by themselves to be 
the loss to the profession at least as much as the in* 
security of the public. " SolicUorSy^ they ui^e, with 
the coolest effrontery, *'a# onee lose, to aoreat extent, 
the MgktH department of business, and, fy the saeri^ 
fice, incur the most alarming responsihility ;** in other 
words, the majority of conditions of sale, at the present 
day, are vicious, because they do not allow of suffi- 
ciently long bills of costs. As to the responsibility, it 
is a matter of every-day occurrence for a Solicitor to 
take from his client an express aotliority to dispense 
with particular inquiries, &c. We have, perhaps, taken 
more notice of this circular than it deserves^ for we 
cannot suppose that it will meet with any sanction from 
the body of the profession. 

ON THE AMOUNT OF EVIDENCE REQUISITE 
TO SUPPORT AN APPLICATION FOR A CRI- 
MINAL INFORMATION. 

On two occasions during last Michaelmas Term, Lord 
Denman, C. J., announced the principle by which the 
conrt of Queen's Bench is guided, in deciding upon the 
sufficiency of the evidence produced in support of an 
application for a criminal information. (See Has parta^ 
WiUiams, 6 Jur. 1183, and note thereto). It is this: 
that the court requires the same amount of evidence 
which a grand jury ought to require in support of 
bills of inaictment preferred before them. This prin- 
ciple may, to some le^ minds, appear too uncertain 
to be of much practical use, either in determining' 
parties, whether or not they should have recourse to 
this extraordinaxy remedy, or even in guiding the court 
in the exercise of this discretionary power. It pos- 
sesses, however, the recommendation of professing to 
limit the jurisdiction of the court within constitutional 
bounds; and it has the merit of attempting to tr^ the 
strength of an ex parte accusation by a standard, which is 
set up throughout the country in the administration of 
criminal justice ; and by which it would be measured^ 
if the ordinary method of indictment were pursued. 

It is well known, that, at common law, informations 
were filed in the eonrt of Queen's Bench, by the Master 



THE JURIST. 



of the Ciown Office, npoti the application of any indi- 
Tidnal, OS a matter of course ; but that practice beine 
attended with the inconveniences and mischiefs recited 
in the preamble to thestat. 4 & 5 W. & M. c. 18, ** An 
Ad to prevent Malidons Informationa in the Court of 
King^a Bench, and for the more easy Reversal of Out- 
lawries in the aame Court," it was thereby enacted, 
that the Clerk of the Crown should not exhibit, receive, 
or file any information, without the express order of 
the court pnblidy g^ven. ** That statute," Lord 
Kenyon observes, in if. v. Jdlife, (4 T. R. 490), «« does 
not enumerate the grounds which are sufficient to 
enable the court to grant the information; but the 
Legislature left it to the discretion of the court, trusting 
that it would not so far transgress its dut\' as to go be- 
yond the rales of sound discretion." The court has, 
however, Hroited its own jurisdiction in this matter by 
conuderations, which may be referred to four several 
pointa: first, the merits of the person applying; se- 
condly, the time of the application; thiniiy, the na- 
ture of the chaiige; fourthly, the amount of evidence 
prodnccd in support of the chaise. 

The principle above stated governs the cohsidera- 
tioBe arising on the last point : to illustrate and confirm 
the importance of that principle, is the object of the fol- 
liYviBg citations and remarks. The cases referred to are 
all cttOB of application for a criminal information. 

In Jl^.T. Haswelly (1 Dougl. 987), where the affidavits 
of the prosecntor as to the publication of the libel, were 
contiaaicted by those of the defendant. Lord Mans- 
fidd, on making the rule absolute, said, ^' Wherever a 
strong probable ground is laid, the court will grant an 
information, if the subject matter is fit for that mode 
of prosecntion." In B. v. Jdliffe, (4 T. R. 286, 289), 
Ltnd Kenyon said, *^ We oxt not now to determine 
irbetber or not the defendant be guilty of the offence 
wUch is imputed to him, but, merely, whether suffi- 
deat matter appears to warrant us in putting the ^uilt 
or innocenee of the defendant into a constitutional 
coarse of trial. Before we send it down to be tried, it 
is necessary for us to be convinced that the corpus 
delicti stands established;" and, in p. 290, his Lord- 
ship added, ^ The question is, whether or not there be 
any legal evidence before the court to afiect the de- 
fendant with this charge." Ashurst, J., in ^. 292, said, 
*• The question is, whether they (the affidavits) contain 
sofficient matter to satisfy our consciences that the in- 
formation oueht to be granted," In R, v. fVillett, (6 
T. R. 294), toe court took a view of their position, ac- 
cording precisely vnth the recent judgment. In that 
case the affidavits, in support of the application, alleged 
that one Hatherley, who delivered a letter containing 
a dialleige to the party applying to the court, and who 
wai the acting clerk of Willett, the party against whom 
the applieatioii was made, had stated that he was desired 
by wuktt to deliver it ; and the court refused a rule, be- 
cause the affidavit cUd not contain leml evidence. " They 
said, that in these cases they were placed in the room of 
agna& jury ; that, if a bill of indictment were preferred 
before a grand jury, the affidavits or the oaths of these 
penooa, of what Hatherley had said, would not be legal 
eridenee gainst the defendant; and that this court 
eonld only grant an information on evidence that would 
support a bill of indictment. That, if they were to 
grant a rule eaUing on the defendant to sliew cause 
why an' information should not be filed against him, 
it would be (filing on him either to give evidence (on 
the shewing cause) against himself, or leaving the rule 
to be made absolute on this affidavit alone, which was 
not l^al evidence." In R, v. Young/tusband, (4 Nev. & 
M. 8d()L which was a case similar in its circumstances, 
Lord dSnman, C. J., said, "We think that the evi- 
dence falls short of what we ought to require before 
we giant a rule for a criminal information." Other 
occur in wliich the court has refused a rule, on 



the ground that the evidence waa either insufficient to 
establish the corpus delicti, or defective in connecting 
the party with the act complained of; but without lay- 
ing down any general rule, which Duller, J., in R. v. 
Haswellf (1 Dougl. 889), observed, there ought to be in 
all such cases of discretionary power. In R, v. Steward 
and Others^ (2 B. & Adol. 12), a rule was made abso- 
lute against the defendants for bribery, upon the un- 
supported but uncontradicted affidavit of a party who 
had received a bribe. In Ex parte Fentiman^ (2 Adol. 
& Ell. 127; S. C, 4 Nev. & M. 126), which was an ap- 
plication against magistrates. Lord Denman, C. J., said, 
**The fiEusts stated do not furnish sufficiently cogent proof 
of corruption to authorize the granting of this rule." 
In R. V. Baldwin, (S Adol. & £11. 168; S. C, 3 Nev. 
& P. 342), whore tne affidavit in support of the rule 
alleged that the defendant was the printer of a news- 
paper, and that the defendant printed the libel in the 
said newspaper, a copy of which was annexed; the 
court held tliat such pfim4 facie evidence was insuffi- 
cient. Two cases remain to be mentioned, only for the 
purpose of expressing a doubt, whether, in the present 
state of the law on this subject, tliey can be considered 
as safe authorities; they are R. v. Sharpe^ (Andr. Rep. 
384), and R. v. Chappel^ (1 Burr. 402). 

The importance of the principle promulgated by Lord 
Denman, C. J., can be duly estimated only by consider- 
ing the duty of a grand jury in dealing with a bill of 
indictment according to the evidence produced before 
them. For that purpose, the tract written by Lord So- 
mers, on occasion of the grand jury of the city of Lon- 
don refusing to act upon the instruction of Pemberton* 
C. J., and ignoring the bill of indictment preferred 
against Lord Shaftesbury, a.d. 1681, may be most pro- 
fitably consulted. But the two following passages are so 
relevant, that they seem to demand immediate citation*: 

**' There are two vulgar errors concerning the duties 
of grand jurors, which, if not removed, will, in time, 
destroy aU the benefit we can expect from that institu- 
tion, by turning them into a mere matter of form, 
which were designed for so great ends. Many have, of 
late, thought, and affiimed it for law, that the grand 
jury is neither to make so strict inquiry into mattens 
before them, nor to look for so clear evidence of the 
crime, as the petit jury ; but that their presentments 
being to pass a second examination, they ouffht to in- 
dict upon a superficial inquiry and ))are probabilities ; 
whereas, should either of these opinions oe admitted, 
the prejudice to the subject would be equal to the total 
laying aside grand juries; there being, in truth, no 
difference between arraigning without any presentment 
from them at all, and their presenting upon slight 
grounds*." Again, 

*< It b scarce credible, that any, learned in our laws, 
should tell a grand jury, that a far less evidence will 
warrant their indictment, being but an accusation, than 
the petit jury ought to have for their verdict. Both of 
them do, in like manner, plainly and positively affirm 
upon their oaths the truth of the accusation ; their ver- 
dicts are, indeed, one and the same in substance and 
sense, though not in words. There is no real difierence 
between affirming in writing, that an indictment of 
treason is true, as is the practice of grand juries^ and 
saying, that the party tried thereupon is guilty of the 
treason whereof ne is indicted, as is the course of petit 
juries. They are both upon their oaths; they are 
equally obligatory unto both ; the one, therefore, must 
expect the same proof for their satisfaction as the other ; 
and as clear evidence must be required for an indict- 
ment as for a verdict. It is unreasonable to think that 
a slighter proof should satisfy the consciences of the 
greater jury than is requisite to convince the less; and 



* "^^ The Security of Engfishmen's Lives, or the Tnut, 
Power, and Duty of Grand Juries of England," pp. 83, 84.«- 
Lond. 1766, 



THE JURIST. 



uncharitable to imagine^ tliat these should not be as 
sensible as the others of the sacred security they have 
given, by oath, to do nothing in their offices but accord- 
ing to truth*." ^ G.J.P.S. 

THE SERVING BROTHERS OF THE TEMPLE 
AND THE SERJEANTS AT LAW. 

In the sixth year of the reign of Edward III., 
(A.D.I 333), when the lawyers had just established 
■themselves in the Convent of the Temple, and had in- 
gi*afled upon the old stock of Knights Templars their 
infant Society for the Study of the Practice of the 
Common Law, the Judges of the Court of Common 
Pleas were made Knights, being the earliest instance 
on record of the grant of the honor of knia;hthood for 
services purely civil ; and the Professors of the Common 
Law, who had the exclusive privilege of practising in 
that court, assumed the title or degree of Freres Serjens, 
or Fratres Servientes; so that Knights and Serving 
Brethren, similar to those of the antient order of the 
Temple, were most curiously revived and introduced 
into the profession of the law 

The /V(?rw Serjetu of the Temple wore linen caffs, 
and red caps close over them. At the ceremony of 
their admission into the fraternity, the Master of the 
Temple placed the coif upon their heads, and threw 
over their shoulders the wliite mantle of the Temple ; 
he then caused them to sit down on the ground, and 
gave them a solemn admonition concerning the duties 
and responsibilities of their profession. They were 
warned, that they must enter upon a new life ; that 
tliey must keep themselves fair and free from stain, 
like the white garment that had been thrown around 
them, which was the emblem of purity and innocence ; 
that they must render complete and perfect obedience 
to their superiors ; that they must protect the weak, 
succour the needy, reverence old men, and do good to 
the poor. 

The Knights and Serjeants of the Common Law, on 
the other hand, have ever constituted a priviliged fra- 
ternity, and always address one another by the endear- 
ing terra brother. 

The religious character of the ancient ceremony of 
admission into this legal brotherhood, which took place 
in Church, and its striking similarity to the ancient 
mode of reception into the fraternity of the Temple, 
are curious and remarkable. 

" Capitalis Justitiarius," says an ancient MS. account 
of the creation of Serjeants-at-Law in the reign of 
Hen. 7, ^'monstrabat eis plura bona exempla de eorum 
predecessoribus, et tunc posuit les coy/es super eorum 
capitibus, et induebat eos singulariter de capital de 
skarletto, et sic creati fuerunt servientes ad legem." 

In his admonitory exhortation, the Chief Justice 
displays to them the moral and religious duties of their 
])rofession: "Ambulate in vocatione in qua vocati 
estis . . . Disce cultum Dei, reverentiam superioris, 
inisericordiam pauperi." He tells them the coif is 
" sicut vestis Candida et immaculata," the emblem of 
purity and virtue ; and he roinraences a portion of his 
discourse in the scriptural language used by the Popes 
in the famous bull conceding to the Templars their 
vast spiritual and temporal privileges: " Omne datum 
optimum et omne donum perfectum decuroum est 
di'scendens a patre lumtnuiu," ike. 

The Freres Serjens of the Temple were strictly en- 
joined to *• eat their bread in silence," and " place a 
watch upon their mouths;" and the Freres Seirjens of 
the law, we are told, after their admission, did *• dyne 
together with sober countenance and lytcl communy- 
cftcionf." 



* Id. pp. 99, 100. 

t Addison's History of the Knights Templars and the 

Temple, 



(Smn papers. 

CAUSE LISTS.— HILARY TERM, 5 Vici. 
Court of Chancers. 

*«* The following abbreriations have been adopted to 
abridge the space the Cause Papers would otherwise have occu- 
pied :— -4. Abated— ilrfj. Adjourned— -4. T. After Term— 4p. 
Appeal — C. D. Cause Day— C. Costs — D, Demuner— i?. Ex- 
ceptions — F, D, Farther Directions — M, Motion — P. C. Pro 
Confesso— P/. Plea— P/». Petition— H. Re-hearing— fi'. O., 
Stand Over— 5'A. Short. 



Judgment. 
Woodcock V, Renneck (Ap) 

L. C. 
Mitford ». Reynolds (Ap) L. C. 
Swan V. Bolton (Ca) L. C. 
Blundell p. Gladstone (Ap) 

L. C. 
Allen V. Macpherson(Ap)L.C. 
Salkeld V. PhiUips V. C. W. 
Salisbury V. Monice V. C. of E. 

Pleas and Demurrers. 
Trotter v. Durham Railway 

Company (D) V. C. W. 
WUkins V, Bucknell (2 D) 

V. C. B. 
Re-hea-rinos & Appeals. 
Addis r. Campbell (Ap) 8 
Attorney-Gen. v. Wimbome 

School (2 Ap) /S 
Kay «. Holder (Ap) 8 

Causes, hrfore the 

St. John's College, Oxford, «. 
Carter 

Playfair v, Birmingham and 
Bristol and Thames Junction 
Railway Company 8 

Thwaites v. Robinson Dee, 6 

Dancan v, Campbell Dec, 6 

Loveli V, Tomes 

Curtis V, Mason 

Rolfe V, Wilson 

Baillie v. Inncs \ ,« u^^^^^x 

Ditto r. Palmer /(^^y^'^*^^) 

Lewis V, Lewis 

Savill V, Savill 

Morgan v. Hayward 

Ward V, Pomfret (F D, Ptn) 



Evetts V, Hall (Ap) 
Knight r. Frarngton (Ap) A 
Att.-Gen. r. Earl 1 (re-hear- 

of Stamford V ing)fpart 
Ditto V, Ditto J heard 
Mitford V, Reynold (Ca) 8 O 
Peyton v. Hughes (re.h.) 8 O 
Att..Gen. v, Southgate 1 (Ap) 
Ditto v.Milner }80 

Bayden v, Watson (E, F D) 
Attorney-Gen. v, Kmgston 

(D) from Ezch. 
Ward V. Alaager \ (Causes hf 
Ward V, Ward J order) 

/OM. 13 

Trelawny v, Roberts (Ap^ 
Tritohley v, Williamson (Ap) 
Scott V, Mihie (Ap) 
Pionock V, Hyde (Ap) 
Taylor v, RundcU | 
Pearse v. Ditto j 



(Ap) 



Lord Crancbllor. 
Hunsley v. Holder (at dft. req.) 
Webb V, Clarke A 
Smith V, Mackie 
Booth V, Lightfoot 
Cole V, Hall 

Heap V. Haworth (E) \ 
Ditto t». Ditto (FD,C) J 
Owens V, Dickinson 
Grant v. Hutchinson 
Boys V. Trapp 1 
Ditto V, Ditto J 
Bullirant e. Taylor 1 /i- ri r»\ 

Ditto V. Ditto jyy^*^) 

Kirkwall v. Flight (E, and' 

lunatic Ptn) 
Ditto V, Ditto (F D, C) 



} 



Causes, Further Directions, and Exceptions. 
Brfore the Vice-chancellor op England. 



^/an.l8 



Butcher v. Jackson 1 
Jackson v. Buteher J 
Butcher v, Jackson (by order) 
Jones V, Jones (F D, C) S 
Luckes V, Frost (F 1>,Q)S0 
Smith V, Pugh 8 to amend 
Hughes V. Rogers (F D, C) A 
Jumpson r. Pitchers I . 
Dawes v, Jumpson j 
Dangerfield v, Evans 8 after 

Hit, Term 
Bunhell V. Hardley 8 
Potts V, Pmnegar 8 
Bruin v, Knott 
Irving r. Elliott A 
Bingham tr. Hallam (F D, C) 
Cormouls v. Mole 
Gedy v, Thome (F D, C) 
Jeffreys v, Hughes \ (F D, C) 
Ditto r. Holditoh J Jan. 29 
Hare v. Cartridge (F D, C)A 
Att.-Gen. v, Pratt (at dft. re.) 

80 
1 HaU V. Deacon (F D, C) 



Saxby v. Sazby (F D, Ptn) 

j Moses V. JtaaoB 

I Barber v. HoUington (E) 
Doo V. London and Croydoia 

I Railway Company 

I Witherden v. Witheiden 
Godden v. Crowhurst 
Atkins r. Hatton (V D, C) 
Brydges r. Branfill 

I Barlow t». Lord (F D, C) 

' Lee V. Jones (F D, C) 
Barrodaile v. March T 

March v. Ditto (Exch. ea.) } 
Gething v. Vigurs 8 
Abraham v. Holdemess 
Cocks r. Edwards 1 
Griffith V. Richards \ 8. 0, G. 
Hawley r. Powell J 
Lindsey v. Godmond A 
Attorney-Gen. v. Field 
Lloyd V. Jones (F D, C) 
Thomeycroft v. Crockett 
Breeze v. English 
Hunt V. Tliackrah 



THE JURIST. 



Henfrej r. Hermon 

Goodev. Morgan 

Allri^t 9. Giles 

Ibbetxm r. Sdirin 1 

Ibbetsoa r. Pentcm J 

Gracii t?. Gieen 

Lee 9. Barton 

Ridarda v. Wood (E, FD) 

MorreU *. Owen (F D. C) 

LiddeUv. Granger (E}\ 

Ditto v. Ditto j 

HHHams t*. Roberts 

Coore 9. Lowndes 

Soiitli 9. Farr A 

Gibbs p. Gregorj 

Boomr «. Hatch 

Grabam r. WDJiams (PD, C) 

SO 
Donbeajv. Cogfalan(E, FD, 

Dainsv. Lord Combennere (E) 
YoiiBg' r. Waterpark 
DartBoadi Corporation 9. 

HoUsworth 
Daris r. Chanter 1 ^ 
Ditto V. BtdMp /'^ 
Forbes r. Pleacock (Cause) 1 
Ditto ff. Ditto (E, by order) j 
Oahddistinp. v. Simpson 
Bsi^erp. Great Western Rail. 

war Company 
LsBtoorr. Holcoinbe 
Yoode V. Jones 
CnapbeU r. Campbell (E) \ 
Ditto p. Ditto (F D, C) J 
Cooper r. Emery (E) 
Piioe p. HaidiDg (F D, C) 
Roberts V. Corp. of Camarron 
¥bber p. Great Western Rsil- 

way Cosapany 
Atfcoraey-Gcn. w. Baines 
Bodb p. Joy (E 2 sets Ptn) 
AtfiDOey-Gen. p. Cooper 
Bote p. Smart (E) 
I^etty p. Rriggs 
Bnnlen p. Oldaker 
Seagar p. Smith 
Wri^ p. Taylor \ 
Disxo r. Frith j 
Hirst p. Bradley 
Goodricke p. Thaker 
Att..Gcn. p. Mayor of Bristol 

tfitr 2Vrm 
Wade p. Roisell 
Wane p. Greene 
Warden &c. of Clan Hopital 

p. Eari Fowls 
BvBfaDO p. Yitter 
Palfer p. Woods 
Scott p. Rideoat (at dft. req.) 
Shqipaid p. Clatterbac^ 
Syka p. Gyles 
CcMeyp. Wells 
CoaaBP. Cozens 
GibsoB p. Prosser (at dft. req.) 
Gawea r. Gawen 
White p. Hnsband 
Ken ward p. Henty 
Robertson w. Great Western 

Railway Company 
Minor p. Minor 
HarrisQD P. Lsne 
Lord Mnncaster p. Lady Mon- 

caster 



Colby p. Scotchmer 

Dizon p. Clarke 

White P. Hunt 

LoreU p. Yates 

Kuse p. Lawson 

Moore (pauper) r. Dearden 

Att..Gen. p. George (F D, C) 

Talbot p. Andrews (F D, C) 

Mackintosh p. Henderson (F 

D, C, Ptn) 
Roberts p. Corp. of Camanron 
Edwards p. Williams (F D, C) 
Hemingway p. Fernandez 
Thomas p. Jones (F D, C) 
Comey p. Tribe (F D, C) 
Parker p. Marcbont (F D, C) 
Poyntz p. Holden 
Earl Amherst p. Duchess of 

Leeds 
Attorney-Gen. p. Mayor &c. 

of Chesterfield 
Ihler p. Daries & Bainbridge 
Payne p. Bristol and Exeter 

Railway Company 
White p. Briggs 
Grant p. Ed^ 
Morrioe p. Luigham (F D, C) 
Horiock p. Smith (£) 
Jones p. Pngh (E) 
Pritchard p. Kettelby (F D, C) 
King p. Goulden (F D, C) 
Attomey-Geo. p. Bache 
Harvey p. Harvey (F D, C) 
Dinsdale p. Dudding 
Downes p. North Sk 
Parry p. Fane (F D, C) 
Maitland p. Bateman (E) 
Sampayo p. Gould (E) 
Evans p. James 
Peet p. Feet (F D, C) 

New Causes. 
Ashley p. Hoskins 
Heywood p. Graiebrook 
Ward p. Arch 1 
Ditto p. Ditto \ 
Ditto p. Tickle J 
Morton p. Manle 
Teed p. Carruthers "I 
Ditto p. Kennedy J 
Blythe p. Granville 
Douglas p. Douglas 
Thomas p. WiUUms 
Hancock p. Nicholson 
Dean p. Hall 
Greenway p. Bromfield 
Easton p. Catling 
Clough p. Trench 
Yeld p. Simpson 
Cave p. Cock 

M. A. Douglas p. Douglas 
Stevens p. Newberry 
Abbey p. Fetch 
Boddington p. Seton 
Spooner p. Sandilands 
Wallace p. Nickson 
Meuz p. Smith 
Davies p. Bouloott 
Strother p. Dutton 
Kynaston p. Jones 
Stiles p. Tuckey 
Boulton p. Strathmore 
Wolfenden v. Whitdiead 
Winkworth p. Winkworth 



Before the Vice'ChMncelior Knight Bruce. 



ChristiaiMi p. Mayor &c. of 
Berwick (E 2 sets) i9 

Mayor of London p. Combe 
(from Eawh.) 8 



Chambers p. Middleton (from 

Exch.) A 
Higgins p. Higgins S 
Moore v, Moore (F D, C) A 



Att.-Gen. p. Brandreth/an. 15 
Lyse p. Kingdon A 
Sutton p. Maw A 
Nedby p. Nedby A 
Milbank p. Stevens S 
Griffiths p. Griffiths A 
Cort p. Winder S 
Bastin p. Bastin i9 
Clamp p. Clarke 8 qfter T. 
Bristow p. Woods (F D, C) 

after Term 
Taylor p. Bailey (at dft. req.) 

SO 
Cort p. Winder S 
Oswald p. Landles Jan 12 
Attorney-Gen. p. Elcoz S 
Sloper p. Sloper i9 
Stephens p. Williams A 
Hickling p. Boyer 
Lade p. TriU \ 
Trill p. Lade J 
Watkins p. Briggs 
Samuel p. Gibbs 
Midgley p. Midgley 
Coppin p. Gray 
King p. Chuck 
Weston p. Peache 
Fry p. Wood 
Fanning p. Deverenz 
Keene p. Biroh l/,, n in^\ 
Ditto p. Ditto }(^^^^) 
Hall p. Rawdon 
Cbafey p. Serjeant 
Sillick p. Booth \ /r„ ^ ^v 
Ditto p. Corbett J^^^'^) 
Scarborough p. Sherman 
Hooker p. Brettal ^ 
May p. Selby 
Attomey-Gen. p. Milner 
Robertson p. Dean 
Edgar p. Fry 
Danks p. Otway 
Alexander p. Foster (E) 
PowcU p. PoweU (F D, C) 
Pye p. Lmwood (F D,C)A 



Griffin t. WilBami 
Bowmer p. Parkinson 
Ford p. Clough (F D, C) 
Gumey p. Cosway 1 /« ^ o\ 
Ditto p. Ditto JV'^^'W 
Eades p. Harris 
Jenkins p. Cooke 
Sharman p. Heath 1 /« -n n\ 
Howe p. Ditto P*^^' ^^ 
Smith P. Baker (E, F D) 
Massey p. Day 

Mayor &c. Carnarvon p. Evans 
Allen p. Wadley 
Langford p. Reeves 
Collins p. James 
Compton p. Storey 
Fair&x p. Morrell 
Vickers p. Oliver 
Powell p. WooUam 
Russell p. Buchanan 
Cottingfaam p. Stapleton (£) 
Watson p. Webb 
Trevor p. Trevor (E 3 sets) 
Bird p. Blyth A 
Farmer p. Farmer 
Genge pT Matthews 
Mason p. Frankling 
Scott p. Pascall 

Burridge p. Row (F D, C) 
Carr p. Collins (F D, C) 

New Causes. 
Simonds p. Simonds 
Oliver p. Tiatham 
Chapman p. Bridgewater and 

Taunton Navigation Co. 
Fowler p. Knollys (at dft. req.) 
Barker p. Wallis 
Wardie p. Claxton 
Hodgson p. Crozier 
Ovett p. Patching 
Dinning p. Henderson 
Moorhouse p. Colvin 



Brfore the Fiee-Ca«»ce//or Wigeam. 



Lewis p. Adams (Exch.) 8 
Earl Egremontp. Young E. T. 
Neesom p. Clarkson A 
Owen p. Williams A 
Sharp p. Manson 
East India Co. p. Coopers' Co. 
Perkins p. Bradley (part heard) 
Ridley p. Lashmar Jan, 29 
Monk p. Earl Tankerville 
Lloyd p. Mason (F D,C) 80 
Heslop p. Bank of England 

(F D, C) 
Milne p. BarUett (F D, C) 
Fredricks p. Wilkms (F D, C) 
Culley p. Culley 
Roach p. Peters (F D, C) 
Moody (pauper) p. Hebberd 
Gray p. Mumbray 
Williams p. Roberts 
Coulton p. Middleton (F D) 
Williams p. Moore \ 
Ditto P. Allen J 

Vanderplank p. King 
Gardner v, Biane 
Buxton p. Simpson 
Greeue p. Warne 
Appleby p. Duke 
Baylie p. Martin 
Hutchings p. Batson 
Wale p. Moores 
Mattalieu p. Miller 
Forsyth p. Chard (F D, C) 
Ajto 9. Cornfield 



Fitzpatrick p. Newton 
Cogger p. Wickes 
Egginton p. Burton 
Stocken p. Chuck 
Puilen p. Haverfield 
Cash p. Belsher 
Williams p. Ellis 
Wright p. Rutter 
Aspinall p. Andus 
Morgan p. Elstob 
Body p. Lefcvre 
Hopson p. Croome 
Pairy p. Jebb 
Cook p. Black 
Davies p. Thome 
Middleditch p. Saunders 
Hodgson p. Lowther 
Wansey p. Towgood 
Christian p. Chambers (PD, C) 
Eld p. Durant 
Stephenson p. Everett 
Barfoot p. Buckland 
Stiven p. Jenkins 
Dyson p. Morris 
Bultell p. Lord Abinger 
Attorney-Gen. p. Mayor Stc, 

of Newark 
Trevanion p. Sargon 
Willetts p. Willetts 
Crawford p. Fisher 
Taylor p. Jardine 
Plunkett p. Lewis (E, F D) 
Hand v. Wrench 



6 



THE JURIST- 



Gill 9. Rtindle 
Johnson v. Child 
Rogers v. Ashcroft 
Tipping V. Power (F D, C) 
Baron Alvanley v. Edwards 
Clare v. Wood 
Hetherington 9. Hesseltuie 
Thomas v, Williams 
Satton 9. Torre 
Robinson 9. Milner (E) 
Cole 9. Sttttely (F D, C) 
Rawson 9. Cheyne (P D, E) 
Alderson 9. Jones 
Schnltes 9. Ward 
Batty 9. Heycock 
Barton 9^Pyne I ^gpjjj 



Ditto 9. Ditto 



Duncan 9. Snook 
Chamock 9. Chamook 
Paul 9. Yeatman 
Protheroe 9. Harrison (F D, 

Q)8 
Arundale 9. Bowver 
Raikes 9. Ward (F D, C) 
Kimber 9. Bnsworth 8 
Langmead 9. Lopes (F D, C) 

New Caubbb. 

Postlethwaite v, Mounsey 
Lucy 9. Barnes 
Sharp 9. Taylor 
Little 9. Baker 8 
Hardonin 9. Capd Sh 
Pinkett 9. Wright 



ItoUf Court. 






•pnej. 



'ma^daos^ 



woitsfJiQ Mtoxnj 



= IP 



kA fH O 



S 



3 



OCI 1-4 o 



«eo i-H o 



•^ e«o<o o^i-io*o 



S' 




Pleas and Demueeeeb. 

Clarke 9. Tipping (D) Ui CD 
Cavses. 

Adjourned at the requeit qf 
Parties till qfter Ut day of 
Causes in Hilary TWm. 

Suckermore 9. Dimes Come on 
with Supplemental Cause 

Millar 9. Craig Aft» Term 

Cook 9. Fryer Jbr amendments 



Warwick 9. Richardson! (E) 

Clarke 9. ScweU J To 

prepare a case 

Western 9. WiUiams (F D, C) 

Mich. Term 
Wilson 9. Mead Mich. Term 
Artis 9. Artis Easter Term 
James 9. James Mich, Term 
Hodge 9. Rexworthy \ (F D, 
Ditto 9. Hodge jC,Ptn, 

part heard) Mich, Term 



Jackson 9. Jackson Mick, 7*. 
Att.-6en. 9. Corporation of 

Newcastle-upon-Tyne jB. T, 
Rutter9. Mariotti Trinity 
Ditto 9. Ebden j Term 
Aldridge9. Westbrook 1 (F D, 
Parsons 9. Same j C) 

Till last day ^ Term 
Hemmingson 9. Gylby \st day 

after Term 
Clunn 9. Crofts \ (FD, C» sup. 
Crofts 9. Dary j suit) Sk 

Adjourned at the request qf 

Parties till the 1st day f^ 

Causes in Hilary Term. 
Wentwortfa 9. Williams (part 

heard) 
Langton 9. Horton (pt. heard) 
Waiats 9. Bushley Y (part 
Ditto 9. Meroeron j heard) 
Relfe 9. Nursey 
Wright 9. Maunder 
Ashton 9. M'Dougall 
Connell v. Connell 
Hyde 9. Dallaway 
Leavens 9. Edmondsonl (E, 
Ditto 9. Limbert ^F D, 

Ditto 9. Ditto J C) 

Davies 9. Fisher 1 
Ditto 9. West V(FD, C) 
Ditto 9. Phillips J 
Evans 9. Harris 
Welford v. Oliver 1 
Ditto 9. Stainthorpe j 
Lewis 9. Davies (E) 
Lumsden v. Morison 
Lane v. Hardwicke 
Attorney-Gen. 9. Bayly 
Shalcross 9. Wright 
Townley v. Deare 
Cotham v. West (E) 
Wyatt 9. Sharratt 
Webb 9. Tayler 
Aldridge 9. Westbrook 1 (F D, 
ParsoUs 9. Ditto J C) 

Hemmingson v. Gylby 
Wade 9. Hopkinson 

Remaining to be heard. 
Voss 9. Luce 1 
Ditto 9. Hayne/ 
Story 9. Tonge (£) 
Ellis 9. Walmsleyl (F D, C, 
Ditto 9. Earl Grey J Ptn) 
Acey 9. Simpson (F D, C) 
Attorney-Gen. 9. Walmsley 
Attorney-Gen. 9. Heron 
Attorney-Gen. v. Vincent 
Philanthropic Society 9. Kemp 

(FD,C) 
Bowen v. Parker (F D, C) 
Hereford 9. Ravenhili (F D, C) 
Heighington 9. Grant] ^p ^ 
Ditto 9. Heighington yc\ 
Ditto 9. Grant J ^^ 

Agabeg v. Hartwelll 
Colvin 9. Ditto y 
Hartwell 9. Colvin J 
De U Garde 9. Lempriere (F 

D,C) 
Strickland 9. Strickland 
Wood 9. Pattison 
Att-Gen. 9. WHson (F D, C) 
Palkner v. Matthews (F D» C) 
Ovenden v. Stephens 
Douglas 9. Leake 
StiUwell 9. Clarke 1 

Ditto (pauper) 9. Hawkins J 
Attorney-Gen. 9. Chester St. 

John's Hospital 
WaU 9. Baker (F D, C) 



(E) 



(E) 



Att.-Gen. 9. GeU (E, PD, C) 
Griffiths 9. Evan (F D, C) 
Johnson 9. Hardy 
Hales 9. Darell "] 
Ditto 9. Hales I /• n n 
Ditto 9. Raphael J.^'^JlC' ^' 
Gibert 9. DareU I ^^ 
Ditto 9. Raphael J 
Coleman 9. Jessop (F D, C^ 

Ptn) 
Ball 9. WiveU (F D, C) 
Att.-Gen. 9. Newbury \ (F D, 
Ditto 9. Birchall J C) 

Davies 9. Peers (F D, C) 
Thomason 9. Moses (F D, C) 
Chadwiok 9. Broadwood (E) 
Page 9. Broom 
Ditto 9. PUge 
Ditto 9. Harris 
Ditto 9. Edwards 
Ditto 9. GandeftonJ 
Whittle 9. Henning (E) 
Fyler 9. Fyler (E) 
^ler 9. F^ler (E) 
Walkins 9. Stevens^ 
Ditto t. Ditto 
Ditto 9. Ditto 
Ditto 9. Ditto 
Ditto 9. ComweU 
Ditto 9. Ditto 
Ditto 9. Hawkins 
Judson 9. Ekins . 
Bridge 9. Brown (E) 
Bridge 9. Brown \(F D, C, 
Ditto 9. Ditto J E) 
Nicholson 9. Watfaoi (F D, C) 
Wakeman 9. Wakeman 
Cottrell 9* Genu 
Blachford 9. Kirkpatrick 
Wilding 9. Richards 1 
Wilding 9. Byton j 
Attomey-Gren. 9. Compton 
Benson 9. Hea.thoni 
Dowell 9. Dew- 
Mann 9. Mills 
Roades9. Rosser 
Clark 9. Wormaia 
Mynn 9. Hart 
Pittom 9. Howard 
Haddelsey 9. Nevile 
Shedden 9. Idle 
Sicklemore 9. Kingsfoid 
Padley 9. Kidney 
West 9. Price 
Lenian9. Oxenham 
James 9. Frearson 
Rutherford 9. M'CnUam 
Stobbs 9. Iveson 
Upjohn 9. Penruddoebe 
Daniel 9. Harding 
Lee 9. Lee 
Marquis of Westminster «« 

Morrison 
Wood 9. Ordish 
Viollet 9. Searle 
Drant 9. Vause 
Judson 9. Ekins 
Beckett 9. Thornton 1 
Beckett 9. Swaine j 
Prosser 9. Seaborne 
Attorney-Gen. 9. Webbl 
Ditto 9. Godson J 

Causes set down since last 
printed List to the 2nd 
January, 1842. 

Rutherfbrd 9. M'ColknB 

Burton 9. Burton 

Att.-Gen. 9. Lord Ctfringtwi 
(E) 

Att..Gen. v. Bullock 



tHE JURIS t. 



In 9. DucDB (V D, 0) 
Moms V. Livte\(F D, G, 
Ditto r. Loyd / Pta) 
Attorney -Gen. v. Sherman (F 

D.C) 
Fidder 9. BeDn^teal (F D, 
DittD 9. Brook J C) 

AtL'Gen. v. Lord Ouningtoo 

(F D. C) 
Hftwtiags V. Hsvidiigi \ (FD, 
Ditto V. Ditto J C) 

Davis 9. Block 
CoDhis 9. Johnsonl 

Ditto V. Bennett J 
Bead a. SmiUi (F D, C) 
Wcstwood V. SUter 
Gardner a. Gardner (F D, C) 
Att..GaL r. Cnllnm 1 (F D< 
Ditto r. Le Giiee J C) 
BeOiDgal 9. Pattiogal (F D« C) 
Jaqoet a. Edwards 
WUcodn 9. SheUey (E) 
Strkkkmd 9. StrickkBd 
Perrr (pauper) 9. Walker 
PV».Way(FD,C) 
Kolev 9. Rayner 1 /» n C^ 
Dittoa. Ditto /V«^^'^^ 
Haricaade9. Cooper 
Reedbead 9. Hallen (F C) 
Cnxka 9. Crocket (F D, C) 
Puisa. Hnghes \ .^.x 
Dittoa.Tebbottp^' 
Bocbanan 9. Moontun 1 (FD, 
Ditto 9. Goodman J C) 
Drake a. Dfoke (F D, C) 

l.ma^ii - V. V90n (B) 

Attf-Gen. a. Brown \ (F D, 
Ditto r.HaU / C) 

Fknow 9. Barlow (F D, C) 
Caaitiiay 9. Courtney 1 /•tm\ 



9* Ditto 



_ 9* Shamttl #11 «« 
Walton 9. Ditto V^^r' 
Ditto 9. Ditto J ^^ 

Branch a. Primrose \ (F D, 
Ditto 9. Ditto J C) 
Dover 9. Aleiaader 
Fowler a. Wood 
Edwards 9. Meyrick 
Bower a. Cooper 
Harrey 9. Boas6eld 
Beaslay a. Kenyon 
Griffin 9. Wood 
Cooke a. Fyrer 
Attorney-Gen. a. Millard 
Meek a. Kettlewelt 
Villebois 9. Ward 
Wilkins a. Wood 
Smith a. Palmer 
Harard a. Price 
Weymouth a Lambert 
Pisris a. Brightmoie 
Morgan a. Daviet ' 
Hughes 9. Eadet 
WadtUlove a. Taylor 
Woodhonse a. Jonea 
Roae 9. Overton 
Wood a. Ford 
Parsons a. Millard 
Jew a. Wood 
Cole 9. Frost 
Bonnor 9. Bonnor 
Watson a. Bentham 
Keeton a. Lynch 
Lewis a. Leatham 
Piper V. Grittios 
Trail a. BuU 
Welford a. BeU 
Plewa 9. Graham 
Attorney-Gen. a. Pretymsn 
Attorney-Gen. 9. Lewis 
Attorney-Gen. a. Merchants 

Venturers* Society 
Norton a. Pritchard 
Thorley a. Yeata 
Homing a. Archer 



EQUITY SITTINGS, HILARY TERM, 1S42. 
Courl et Chattters. 

Btfore ike Lonn Crancellok, e^ Weitmintter, 

Taeaday .... Jon. 11 Appeal Motions. 
* •••12 Petition Day. 



Friday 
SatBfday .. 
Monday . . . . 

TWaday 

Wedneaday 



Tnday 

Srtaiday .. 

Monday... 

IWaday... 

Wedneaday 

Unnday 



14 
15 
17 
18 
19 
20 
21 
22 
24 
25 
26 
27 



> Appeab and Causes. 



Appeal Motiona and Ditto* 



Appeals and Causes. 



Appeal Motions and Ditto. 



IsSL^".:::;:; S}App»i.«.dc««.. 

Monday 31 Appeal Motions and Ditto. 

WiM% Couvl. 

B^ore the Right Hon, the Mastbr of tbb Rolls, ai 
WeitmiMler, 

%* Hie table of aittinga at the Rolls, giren in Vol. 5, p. 1187, 

hao been corrsctad, and now stands as foUowa:-^ 
Tuesday .... Jan. 11 Motions. 
WedocMay ....« 12 Pctitjoiu in General F»per. 



nmrsday 13 

Friday 14 

Saturday 15 

Monday 17 

Tuesday 18 

Wednesday .... 19 

Thursday 20 Motions. 

Friday 21' 

Saturday 22 

Monday 24 

Tuesday 25 

Wedneaday .... 26 

Thursday 27 



^ Fleas, Demurrers, Causes, Further Di- 
rections, and Ezcqitions, 



^ Pleas, Demurrers, Causes, Further Di- 
rections, and Exceptions. 



Motions. 
Friday 28 / ^'^"^ Demurrers, Causes, Further DU 

^ i rections, and Etoeptions. 

Saturday 29 Petitiona in General Paper. 

Monday 31 Motions. 

At the BolU. 

TnMdftv AiA I /Short Causes after swearing in the 

Tuesday .... Feb. 1| goUeitors. 

Short Cauaes, Consent Causes, and Consent l^titions, erery 
Tuesday, at the Sitting of the Court. 

VtcesChancellors* Courts. 

Brfore the Vicu-Chancellob or Englano, at 
Weitmintter. 

Tueaday .... /on. 11 Motions. 
Wednesday 12 Petitions. 

ThursdaT 13 / ^"*".' Demurrers, Exceptions, Causes, 

' ^ and Further Directions. 

'Unopposed Petitions, Short Causes, 
and Ditto. 



14 



^Pleas, Demurrers, Exceptions, Causes, 
^ and Further Directions. 



Friday 

Saturday 15"" 

Monday 17 

Tueaday 18 

Wednesday 19^ 

Thursday 20 Motions. 

p^^ 2i/^'^PP^"^ Petitions, Short Causes, 

^ \ and General Paper. 

Saturday 22"] 

Monday 24 I Pleas, Demurrers, Exceptions, Causes, 

Tuesday 25 f and Further Directions. 

Wednesday 26j 

Thursday 27 Motions. 

Pridav ^[Vno^^powdi Petitions, Short Causes, 

^ \ and General Paper. 

Saturday ^9 { ^^j ^^^^J;^^^^^ 

Monday 31 Motions. 



ift^ore Vicx-Chakcbllor Knight Buuctf, at Westmineter, 
Tuesday .... Jan, 1 1 Motions and Causes. 

Wednesday 12 Petitions and Causes. 

Thursday 13 1 Pleas, Demurrers, Exceptions, Causes, 

Friday 14 j and Further Directions. 

Saturday jjTUnoppoMd Petitions, Short Causes, 

TueadAT 1 8 I ^®"» Demurrers, Exceptions, Causes, 

Wednesdiiy*::;: 19 J "d Further Directions. 

Thursday 20 Motions and Ditto. 

fji^y 21 -f ^^®**' Demurrers, Exceptions, Causes, 

^ 1 and Further Directions. 

Saturday 22 / ^''^PP^*®* Petitions, Short Causes, 

^ \ and Ditto. 

.ji^^!^^ 25 > ^**'» Denrarrers, Exceptions, Causes, 

Wednescby*;!!! 26 J "^<* further Directions. 

Thursday 27 Motions and Ditto. 

pridav 28 -f ^^*^* Demurrers, Exceptions, Causes, 

^ t and Further Directions. 

Saturday 29/ ^"^^PJ^*.^ Petitions, Short Causes, 

Monday 31 



Petitions, 
and Ditto. 
' Motions and Ditto. 



jB^ore Viox-CRAircaLLon Wioua-m, at Weeimintter, 
t^ieaday . . . Jan, 11 Motions and Causae. 
Wedneaday •••. 12 Short Causes, Petitions, and Caoaea. 



8 



THE JURIST. 



Pleas, Demurrers, Exceptions, Causes, 
and Further Directions. 



Thursday 13* 

Friday 14 

Saturday 15 

Monday 17 

Tuesday 18 

Wednesday l^T ^3^^ ^^'^^'"' ^^""'^ ^*'^' 

Thursday 20 Motions and Ditto. 

Friday ^n 

Saturday 22 I Pleas, Demurrers, Exceptions, Causes, 

Monday 24 | and Further Directions. 

Tuesday 25 J 

Wednesday 26 { ^3^^*^ ^''^'^'''"' ^^"* ^^"^^ 

Thursday 27 Motions and Ditto. 

Friday 28 1 Pleas, Demurrers, Exceptions, Causes, 

Saturday 29 J and Further Directions. 

Monday 31 Motions and Ditto. 



CIRCUITS OF THE COMMISSIONERS FOR 
THE RELIEF OF INSOLVENT DEBTORS. 

SPRING CIRCUITS, 1842. 

MIDLAND CIRCUIT. 

H. R. Reynolds, Esq., Chief Commissioner. 
Eases, at Chelmsford, Tuesday, March 15. 
Misex, at Colchester, Wednesday, March 16. 
Stffolk, at Ipswich, Thursday, March 17. 
Norfolk, at Yarmouth, Satuixtay, March 19. 
Norfolk, at Norwich and City, Monday, March 21. 
Norfolk, at Lynn, Thursday, March 24. 
S^folk, at Bury St. Edmunds, Saturday, March 26. 
Cambridgeshire, at Cambridge, Monday, March 28. 
Hwktingdonshire, at Huntingdon, Wetmesday, March 30. 
Northamptonshire, at Peterborough, same day. 
Lincolnshire, at Lincoln and City, Friday, April 1. 
Nottinghamshire, at Nottingham and Town, Monday, April 4. 
Derhyshire, at Derby, Thursday, April 7. 
Lichfield, (County and City), Saturday, April 9. 
Staffordshire, at Stafford, Monday, April 11. 
Shropshire, at Shrewsbury, Thursday, April 14. 
Shropshire, at Oldbury, Saturday, April 16. 
Warwickshire, at Birmingham, Monday April 16. 
Warwickshire, at Warwick, Thursday, April 21. 
Coventry, (City and County), Monday, April 25. 
Leicestershire, at Leicester, Tuesday, April 26. 
Northamptonshire, at Northampton, Thursday, April 28. 
Bedfordshire, at Bedford, Friday, April 29. 
Buckinghamshire, at Aylesbury, Saturday, April 30. 

ROMS CIRCUIT. 

J. G. Habbis, Esq., Commissioner. 
Kent, at Maidstone. Thursday, March 3. 
Canterbury, (City and County), Monday, March 7. 
Kent, at Dover, Tuesday, March 8. ... 

Sussex, at Horsham, Friday, March 18. 
Hertfordshire, at Hertford, Friday, April 8. 

SOUTHERN CIRCUIT. 

T. B. BowEN, Esq., Commissioner. 
Berkshire, at Reading, Monday, February 14. ' 
Oxfordshire, at Oxford and City, Wednesday, February 16. 
Worcestershire, at Worcester and City, Friday, February 18. 
Herefordshire, at Hereford, Monday, February 21, 
Radnorshire, at Presteigne, Wednesday, February 23. 
Brecknockshire, at Brecon, Friday, February 25. 
Carmarthenshire, at Carmarthen and Borough, Mon., Feb. 28. 
Cardiganshire, at Cardigan, Wednesday, March 2. 
Pembrokeshire, at Haverfordwest and Town, Friday, Mar. 4. 
Glamorganshire, at Swansea, Monday, March 7. 
Glamorganshire, at Cardiff, Wednesday, March 9. 
Monmouthshire, at Monmouth, Friday, March 11, 
Gloucestershire, at Gloucester and City, Monday, March 14. 
Bristol, (City and County), Thursday, March 17. . 
Somersetshire, at Bath, Monday March 21.. 
Somersetshire, at Wells, Tuesday,*March 22. •• 
Devonshire, at Exeter and city, Thursday, March 24. 
Devonshire, at Plymouth, Wednbyday, March 30. 
tbmwttltf at Bodwip, Friday, April 1. 



Dorsetshire, at Dorchester, Tuesday, April 5. 
Wiltshire, at Salisbury, Thursday, April 7: 
Southampton, (Town and Count]i), Saturday, April 9. 
Southampton, at Winchester, Monday, AprU 11. 

NORTHERN CIRCUIT. 

W. J. Law, Esq., Commissioner. 
Rutlandshire, at Oakham, Saturday, Februai^ 5. 
Yorkshire, at Sheffield. Monday, February 7. 
Vorkshire, at Wakefield, Wednesday, February 9. 
Kingston-upon-Hull, (Town and County), Friday, Feb. 18. 
Yorkshire, at York and City, Monday, February 21. 
Yorkshire, at Richmond, Thursday, February 24. 
Durham, at Durham, Friday, February 25. 
Northumberland, at Newcastle-upon-Tyne and Town, Mon* 

day, February 28. 
Cumberland, at Carlisle, Thursday, March 3. 
Westmorland, at Appleby, Saturday, March 5. 
Westmorland, at Kendal, Monday, March 7. 
Lancashire, at Lancaster, Tuesday, March 8. 
Lancashire, at Preston, Thursday, March 17. 
Lancashire, at Liverpool, Friday, March 18. 
Cheshire, at Chester and city, Monday, March 21. 
Flintshire, at Mold, Wednesday, March 23. 
Denbighshire, at Ruthin, Thursday, March 24. 
Anglesey, at Beaumaris, Monday, March 28. 
Carnarvonshire, at Carnarvon, Tuesday, March 29. 
Merionethshire, at DolgeUy, Friday, April 1. 
Montgomeryshire, at Welch Pool, Monday, April 4. 



UonDon CSa?ettes. 

TUESDAY, January 11. 
DECLARATIONS OF INSOLVENCY. 

JAMES NETTLETON, Ealing, licensed victualler. 

JAMES COLES, Victoria, Bedwellty, Monmouthshire, sur- 
geon and apothecary. 

THOMAS HESLOP, Ripley, Harrowgate, Yorkshire, school- 
master. 

BANKRUPTS. 

THOMAS KITCHENER, ArundeUst., Coventry-st, en- 
graver and jeweller, Jan. 18 and Feb. 22 at 1, Court of 
Bankruptcy : Off. Ass. Belcher ; Sol. Pike, 26, Old Bur- 
lington-st. — Fiat dated Jan. 7. 

JAMES GOODWIN, Bishop's Stortford, Hertfordshire, inn- 
keeper. Jan. 21 at half-past 11, and Feb. 22 at 11, Court of 
Bankruptcy: Off. Ass. Alsager ; Sol. Fry & Co., 80, Cheap- 
side. — Fiat dated Jan. 4. 

SAMUEL MOORE, King Wflliam-st., London-bridge, 
draper, Jan. 20 and Feb. 22 at 11, Court of Bankruptcy: 
Off. Ass. Green ; Sol. Billing, King-st., Cheapside.— Fiat 
dated Jan. 3. 

DAVID SEVENSON, sen., Compton-st., Brunswick-sq., 
patent safety paper maker, and wholesale stationer, . Jan. 20 
at half.past 12, and Feb. 22 at 12, Court of Bankruptcy: 
Off. Ass. Gibson ; Sols. Burrell & Paterson, White Hart- 
court, Lombard-st. — Fiat dated Jan. 11. 

THOMAS BARTRAM, Sevenoaks, Kent, linen draper, Jan. 

20 at 1, and Feb. 22 at 12, Court of Bankruptcy : Off. Ass. 
Turquand; Sols. Sole & Co., Aldermanbury. — Fiat dated 
Jan. 6. 

WILLIAM NICHOLLS, Adam*s>mews, Edgeware-road, 
livery stable keeper, Jan. 20 at 12, and Feb.. 22 at II, Court 
of Bankruptcy: Off. Ass. Graham: Sols. Gadsden & 
Flower, 14, Furnival's Inn.— Fiat dated Jan« 8. 

JOHN FRANCIS BUISSON, Brabant-court, PhUpot-lanc, 
merchant, Jan. 21 and Feb. 22 at 11, Court of Bankruptcy : 
Off. Ass. Groom ; Sols. Hine & Robinson, 32, Charter- 
house-square. — Fiat dated Jan. 8. 

ARTHUR STRACHAN, Friday-street, Cheapside, ware- 
houseman, Jan. 19 at 12, and Feb. 22 at 11, Court of Bank- 
ruptcy : Off. Ass. Johnson ; Sol. Gole, 49, Lime-street.— 
Fiat dated^Jiin. 6. 

DYER BERRY SMITH and JOSEPH WHEELER 
SMITH, Altop, Staffordshire, paper manufacturers, Jan. 

21 and Feb. 22 at 12, Castle Hotel, Newcastle-undcr-Lyne : 
Sols. Harrison, Birmingham ; Chaplin, 3, Gray's Inn-sq.^ 
Fiat dated Jon. 6. 



THE JURIST. 



9 



UCHARD TUBNERt Nortluunpton, shoe-numuikctiirer, 

Ja^ 18 ttfc 11, nd Fsb. 22 at 2, CroM Keys Inn, North. 

aBpton: Sob. Heniman, Northampton; Tomer & Hens- 

VHUi. S, Baflog-kne. — Fiat dated Jan. 7. 
DAVID DATIES, jnn., Glanchjwedog, Llanidloes, Mont- 

pmMrjahlre, ibniid mannfactorer, Jan. 24 and Feb. 22 at 

11, Wynnstay Anna Inn, Machynlleth: Sols. Hayward, 

Uanidloes; Bi§g, Soathampton-buildings. — Fiat dated 

Dee. 24. 
WIUjIAM ROBERTS, Rawmarsh, Yorkshire, grocer, 

Jan. 26 and Fd>. 22 at 12, Towu-hall, Sheffield : Sols. 

NIfdiolaoii, Wath, near Rotherham; Wiglesworth & Co., 

Gray's Inn-smiare. — Flat dated Dec. 30. 
JOHN STEPHENS, Menhenioit, Cknnwall, ironfounder, 

Jao. 20 and Vtb. 22 at 11, Royal Hotel, Plymouth : Sols. 

JjsAyrr ft Bidteel, Flymonth ; Sorr, 80, Lombard-street. 

—Kat dated Jan. 4. 
GEORGE HOWARTH, Todmorden, Lancashire, oom- 

Aeakr, ¥^. 3 and 22 at 10, Golden Lion Inn, Todmorden : 

Sols. Leadbetter, Miifield, near Dewsbory ; Hall, 28, Moor- 

ptt&^txeet. — Flat dated Jan. 1. 

ICXKTXNGS. 

/out P^ittnom, Cateaton-st., warehouseman, Jan. 21 at 
half-past 12, Court of Bankruptcy, pr. d. — John Byle, 
Maedeaficid, banker, Feb. 3 at 11, Macclesfield Arms Hotel, 
Macclesfield, ap. aff. — Peter Saundere, Kingston-upon-Hull, 
MM fc lM Bt, Jan. 18 at 12, Court of Buikruptcy, last ex.— JS. 
Sesd, Worcester, trine-merchant, March 1 at 2, France's, 
Woroealer, laat ex. — Win, Rejfnolde, Breightmet, Lancashire, 
eotton-spiBiier, Feb. 16 at 11, Swan Inn, Bolton-le-Moors, 
fast ex. — Biekd, Hafford, Wm. Henry Baldoek, and Of ^oni 
Sao^en^ Canterbory, bankers, F^. 7 at 11, Guildhall, Can- 
teffaory* last ex. — Ed. Leech, CinderhiU, within Pilkington, 
LsneasUre, cotton-spinner, Feb. 18 at 1 , Swan Inn, Bolton- 
fe.Moors, last ex. — Ed, J^ery, Exeter, builder, Feb. 3 at 12, 
London Imi« Exeter, and. sc. — Hugh Herbert Doumman, 
Kidwdly, Carmarthenahire, tin-plate-manufeotarer, Feb. 2 at 
11, iTy Bnsh Hotel, Carmarthen, and. ac. ; at 12, Avr.—ThM. 
CsOnsaA, Wakefield, Yorkshire, boat-builder, Feb. 1 at 10, 
rfiHiiiiiisinnrrn* mnmn. Leeds, and. ac. — Jamea Maekie, Li- 
Topool, tsilor, Feb. 1 at 1, Clarendon-rooms, Liverpool, and. 
ac.—A. y. F. Mmreeo, Newcastle-upon-Tyne, merchant, Jan. 
21 at II, Bankrupt Commission-room, Newcastle-upon-Tyne, 
m^ ac— iSr. H. Armiiage, Wakefield, Yorkshire, and Mat, 
Dodgaeu, Manchester, maltsters, Feb. 1 at 2, Commissioners'. 
rooms, Leeds, and. ac. — William Selkirk, Aston juzta Bir- 
naagluun, engrarer, Feb. 2 at 2, Waterloo-rooms, Bir- 
Biingham, and. ac. — Ed. Boden, Chester, druggist, Feb. 7 at 
11, Blosamna Inn, Chester, aud. ac; at 12, dir.—Robert 
Hamdley, Rochdale, Lancashire, tailor, Feb. 8 at 12, Com- 
m mia ue n ' -rooms, Manchester, aud. ac. ; at 11, pr. d. and 
dir. — Jmmea Porter, Honiton, Devonshire, Yictualler, Feb 
I at 12, Old London Inn, Exeter, aud. ac. — Edward Whit' 
«*f«, John WelU, John Welle, jun., and Frederick Whit- 
wmre, Lombard-street, bsnkers, Feb. 3 at 1, Court of Bank- 
raptey, fin. dir. sep. est. E. Whitmore; at half-past 1, fin. 
div. sep. cat. J. Wells ; at 2, fin. div. sep. est. F. Whitmore. 
—Ann/. Hopkime, Croydon, Surrey, grocer, Jan. 27 at 2, 
Coort of Bankruptcy, div.— fTm. C. Bennett, Whitechspel- 
road, omnibiia proprietor, Feb. 1 at 11, Court of Bankruptcy, 
dtr.— il/er. Coivin, Wm. A. Bazett, DatJtd CoMn, Thomae 
Amiirmm, and Daniel Ahulie, Calcutta, Bennl, merchants 
tad East India agents, Feb. 1 at half-past 10, Court of Bank- 
nplcf , div. — Jamee Morrison sen:, and Jas. Chae. Morrison, 
jna., Yeik-st., Foley-plaoe, Middlesex-hospital, tailors, Feb. 1 
at half-p«t 11, Court of Bankruptcy, fin. div.— A'cA. F. Cass, 
Wan, Hertfordshire, grocer, Feb. 1 at half-past 12, Court of 
Bsaknptey, div.— £diir. 0. Smith, Bucklersbury, merchant, 
Feb. 1 at 12, Court of Bankruptcy, fin. div.— 3f. 8. Wallace, 
Cooper's-row, Cratched-friars, ship-owner, Feb. 2 at 12, 
Coort of Bnilumptcy, dhr. — John Calverley, Abbey, near 
KnareAorougfa, Yorkshire, com miller, Feb. 4 at 12, Gnild- 
hsll, York, and. ac; at 1, div.— JSdw. Banks, Birmingham, 
buttoD-aoaker, Fab. 16 at 1, Waterloo-rooms, Birmingham, 
and. ac ; at 2, div.— James Mann, Norwich, woolstapler, Feb. 
4 at 11, Royal Hotel, Norwich, aud. ac. ; at 12, div.— CAos. 
Aleoei, SbeAeld, caae-mannfiwturer, Feb. 3 at 12, Town- 
baU, ShcAeld, and. ac ; at 1, fin. div. — Harris Ford, Man- 
Haok draper, Feb. 2 at 11, Commiasioners'-rooms, 
r, and. cc ; at 12^ div.^/onff GiUie$f Hartlepool, 



Durham, ship-owner, Feb. 1 at 1, Vane Arms, Stockton-upon- 
Tees, aud. ac. ; at 2, div. — David Eider, Leads, doth-mer- 
chant, Feb. 1 at 3, Commissioners'-rooms, Leeds, aud. ac. ; 
at 4, fin. div. — L, J. C, Clayette, Manchester, commission- 
agent, Feb. 2 at 11, Commissioners'-rooms, Manchester, pr. 
d. ; at 12, aud. ac. and fin. div. — John Baker, Sidmouth, De- 
vonshire, brewer, Feb. 1 at 12, Old London Inn, Exeter, aud. 
ac and div. — Thos. Lee, Battye-mill, near Mirfield, York- 
shire, boat builder, Feb. 4, at 10, George Hotel, Huddersfield, 
and. ac. ; at 11, div. — Benf. Williams, Liverpool, and Mar- 
gam Tin-plate Works and Maesteg Iron Works, Glamorgan- 
shire, merchant, Feb. 2 at 1, Clarendon-rooms, Liverpool, div. 

Certificates to be allowed. 

Unless Cause sheum to the contrary, on or before Feb. 1. 

George Gower, Cardiff, Glamorganshire, grocer. — James 
Wells, St. Martin's-le-Grand, woollen draper. — Wm. Triance, 
King's Lynn, Norfolk, builder.— George Castle, jun., Rother- 
hithe, ship builder.— /ds^ A Spencer, Lamb's Conduit-st., 
Foundling-hospital, chemist and druggist. — Benjamin Coles, 
Olney, Buckinghamshire, tea dealer. — Joseph Littlrford, High 
street, St. Maryleboue, coach maker.— /a»ie« Brooks, Man- 
chester, grocer.— /osAita Williamson, Nicholas-lane, Lom- 
bard-street, merchant. — Geo. Dickens, Hertford, surgeon. — 
Thomas Toney, Birmingham, draper. 

Partmbrshif Dissoltbd. 

William Walton and Eiehard Coles, Basinghall-street, at- 
torneys and solicitors. 

Scotch SEauEsnATiONB. 

John and Thomas Deans Sf Co., Stewarton, carpet manufac- 
turers. — Adam Steel, Stirling, merchant. — D. Millar, Glas- 
gow, Wright. — William Douglas, Glasgow, manufacturer. — 
/. Bendelow, Kirkaldy, innkeeper.— ^ii/ay MKinlay, Glas- 
gow, merchant. 

INSOLVENT DEBTORS. 

Saturday, January 8, 1842. 
The following Assignees have been appointed. Further Par* 
tieulars may be learned at the QgHee, in Portugal'St., Lin* 
coMS'inn'fields, on giving the Number of the Case, 
J. Lipscomb, High Wycombe, Buckinghamshire, butcher. 
No. 57,520 C. ; John Pratt, assignee. — Samuel Burnett, Ha- 
lifax, Yorkshire, licensed dealenin ale, No. 43,203 C; Edw. 
Riley, assignee. 

The following Prisoners are ordered to be brought before the 
Court, in Portugal-st., on Tuesday, Feb. \ at9. 
Edward Davies, Wilmington-street, Wilmington-sq., Spa- 
fields, out of business. — Le Chevalier Joseph Mary Mendonca, 
Northumberland-street, New-road, employed ui^er the Por- 
tuguese Government on the Mixed British and Portuguese 
Commission. — Louis Marie Delplanque, Jermyn-street, St. 
James's, teacher of drawing. — William Jones, Princess-street, 
Grove.road, Marylebone, shoemaker. — James Allen, West 
Smithfield, slaughterman. — John Barratt, Great James-street, 
Lisson-grove, out of business. — John Roden, Pell-st., Ratcliff- 
highway, engineer. — Richard Williams, Dean-street, Fetter- 
lane, medical student.-- STAomot Atkinson, New Manor-row, 
King's-road, Chelsea, mine agent.— CAar/e« Yarrow, Hamp- 
ton-wick, beer shop keeper.— fdirarri Wright George, Buck- 
lersbury, attorney at law.— George Sumtnerhays Henley, Sa- 
voy-street, Strand, lodging housekeeper.— /fmry Braddon, 
Augttstus-st., R^nt's-park, attorney at law. — Fred. Angel, 
New Bank-buildings, Princes-street, stamper in the Stamp 
Office, Somerset House. — JAonel Prager Goldsmid, Lodge- 
road, St. John's Wood, commission agent. 

Feb. 3, at the same hour and place, 
Frederick Sturmer, Howland-street, Fitsroy-sq., clerk. — 
George Moorey, Stepney-causeway, RatcKff, brasier. — Thos. 
Heam, Upper Brent-cottage, Blackheath-hill, Greenwich, ship 
biscuit baker.— Georye Wilson, Providence-placCr Shepherd's- 
bush, printer. — James Chandler, Leigh-street, Red Lion-sq., 
jeweller.— £</cran2 Hartnett, James-street, Oxford-street, out 
of business.— /ose/> A Goodson, Enfield- wash, Enfield, out of 
hvLme^s.'^Thomas Maylard, Waloot-square, Lambeth, out of 
business. — Robert Alcock, Edipse.yard, Foundling. terrace, 
Gray's-inn-road, cab proprietor.— TAo^. Watson, Gt. Sutton- 
street, Goswell-street, out of business.— IFm. FMter Crouch, 
Hatfield-place, near the Crown, out of business.- CAot. Masy 
Andrews, North-row, Lewisham, Kent, watch maker.— Voigies 
NfvUte, Caxul-t^nraoe, Cmaberwdly civil engineer.-* FFa//«r 



10 



TttE JtJRiST. 



ffolbftHf Thonm-fltreet. Honleydown, Sorrey, hop merchant. 
— Jokn Watton, Oxford-street, shopman to a linen draper. — 
Llewetlfn fVatkhu WiUianu, Elm-st, Qray's-inn-lane, cook. 

Insolvent Debtor's Dividend. 
Thonuu Hotuion, Victoria-terrace, Union-road, Kent-road, 
Surrey, linen draper, Jan* 18, Laurie's, Watling-st.: 1#. 2d, 
in the pound. 

Mebtikos. 

WiHiam Hamp9on, Bolton-le-Moors, Lancashire, attorney 
at law, Jan. 27 at 11, Weston's, Manchester, sp. nff,— Henry 
Gaskifu, Woodmancott, Cleere-hill, Bishop's Cleeve, Glouces- 
tershire, qnarryman, Jan. 27 at 3, George Hotel, Cheltenham, 
sp. aff. 



FRIDAY, January 14. 
DECLARATIONS OF INSOLVENCY. 

JAMES GRANT SMITH, Bath, Somersetshire, common 

brewer and maltster. 
JOHN CUISSET, Bkckfriars-road, Surrey, jeweller. 

BANKRUPTS. 

WILLIAM HENRY APSEY, Glohe-wharf, Rotherhithe, 
ship breaker, Jan. 21 at 12, and Feb. 25 at 11, Court of 
Bankruptcy: Off. Ass. Alsager; Sol. Cattlin, Ely- place, 
Holbom.— Fiat dated Jan. 11. 

BENJAMIN WARD, Charlotte-terrace, New-cut, Lam- 
beth, boot and shoe manufacturer, Jan. 21 at half -past 1, 
and Feb. 25 at 12, Court of Bankruptcy .• Off. Ass. Alsager ; 
Sol. M'Duff, 37, Castle-st., Holbom.— Fiat dated Jan. 12. 

GEORGE NOVRA, Red Lion-sq., dealer in foreign goods, 
Jan. 21 at 1, and Feb. 25 at 11, Court of Bankruptcy: Off. 
Ass. Green; Sol. Spyer, 30, Broad-st. -buildings. — Fiat 
dated Jan. 12. 

JOHN DENNISS, sen., and JOHN DENNISS, jnn., 
Tooley-st., linen drapers, Jan. 28 at 1, and Feb. 25 at 11, 
Court of Bankruptcy : Off. Ass. Lackington ; Sol. Sole, 
Lothbury. — Fiat dated Jan. 11. 

EDWARD EVANS and ANDREW EVANS, Birmingham, 
painters and glaziers, Jan. 24 at 2, and Feb. 25 at 11, Wa- 
terloo-rooms, Birmingham: Sols. Harrison, Birmingham; 
Parker & Webster, 13, New Boswell-ct.— Fiat dated Jan. 7. 

AMOR SPOOR, sen., and AMOR SPOOR, jun., Newcas- 
tle-upon-Tyne, builders, joiners, and cabinet makers, Feb. 
14 at 11, and Feb. 25 at 1, Bankrupt Commission-room, 
Newcastle-upon-Tyne: Sols. Hoyle, Newcastle-upon-Tyne ; 
Shield & Harwood, 26, Qneen-street, Cheapside. — Fiat 
dated Jan. 5. 

JOHN ELLISON, Leeds, nail manufacturer, Feb. 4 and 25 
at 2, Commissioners' -rooms, Leeds: Sols. Battle, Selby, 
Yorkshire; Geo. & Cha. Rushworth, 10, Staple-inn. — Flat 
dated Dec. 15. 

WILLIAM POVEY, Ashton-under-Lyne, Lancashire, grocer 
and tea dealer, whitesmith, and gas fitter, Jan. 27 and Feb. 
25 at 12, Commissioners'-rooms, Manchester: Sols. Hig- 
ginbottom, Ashton-under-Lyne; Clarke & Medcalf, 20, Lin- 
coln's-inn-fields. — ^Fiat dated Jan. 7. 

JOSEPH LANE, sen., Stockport, Chester, cotton manufac- 
turer, Jan. 25 and Feb. 25 at 3, Commissioners'-rooms, 
Manchester: Sols. Coppock & Woollam, Stockport; Cop- 
pock, 3, Cleveland-row, St. James's. — Fiat dated Jan. 10. 

HUMPHREY TUGWELL, Whitefields-farm, Holbury and 
Langley, Fawley, Southamton, farmer and cattle-dealer, 
Jan. 24 and Feb. 25 at 11 , Star Hotel, Southampton : Sols. 
Deacon & Long, Southampton ; Wsdker, 5, Southampton- 
street, Bloomsbury-sqnare. — Fiat dated Dec. 18. 

WILLIAM CARPENTER, Chippenham, WUtshire, inn- 
keeper, Feb. 9 at 10, and Feb. 25 at 2, White Hart Inn, 
Chippenham : Sols. Pinniger, Chippenham ; Pinniger & 
Westmacott, 1, Gray's Inn-square. — Fiat dated Dec. 31. 

JOHN SUTCLIFFE, HaUfax, Yorlcshire, grocer, Feb. 3 at 
2, and Feb. 25 at 10, White Lion Inn, Halifax: Sols. Cra- 
ven & Rankin, Halifax; Wiglesworth & Co., Gray's-inn- 
square.— Fiat dated Dec. 18. 

SAMUEL CLOUGH and WILLIAM THOMPSON 
CLOUGH, Ekicleston, Lancashire, alkali manufacturers, 
Jan. 25 and Feb. 25 at 12, CUrendoU' rooms, Liverpool: 
Sola. Johnson, St. Helens; Adlington & Co., Bedford-row. 
—Fiat dated Jan. 5» 



ROBERT WILCOCK, Lower Aliethwaite, Partmd, Lan- 
caahire, banker, Jan. 27 and Feb. 25 at 11, Commercial 
Inn, Kendal, Westmoreland : Sols. Hitchoocki and John- 
son & Co., 'Temple. ~ Fiat dated Dec. 16. 

Meetings. 

Hen, Ed, Jtobertif Broad-st.-buildings, merchant, Jan. 29 
at half-past 1, Court of Bankruptcy, pr. d. — Thomtu Arnold, 
Paternoster-row, bookseller, Jan. 25 at half-past 11, Court of 
Bankruptcy, last ex.— Wm, Ball, Paternoster-row, booksel- 
ler, Jan. 25 at 11, Court of Bankruptcy, last ex. — Henrf 
P. Coltherup, Rochester, Kent, dyer, Jan. 24 at 12, Court 
of Bankruptcy, last ex. — Abraham Levy Bensvsan and 
Joshua Brandon, Walbrook-buiidings, merchants, Jan. 24 at 

11, Court of Bankruptcy, last ex. — Richd. A. /oner, Friday- 
St., Cheapside, linen and Manchester warehousemen, Jan. 26 
at 2, Court of Bankruptcy, last ez,^Wm. HUehcoek, Re- 
gent-st., linen- draper, Jan. 17 at 11, Court of Bankruptcy, 
kst ex. ; Feb. 12 at 11, and. ac. and div. — John Hall and S. 
Vincent, St. Mary Axe, wholesale tea and codTee-dealers, Jan. 
25 at 12, Court of Bankruptcy, last ex.-— Joe, Webb Pihher, 
Crabble, Kent, miller, Feb. 4 at I, Shakspeare Hotel, Dover, 
last ex.— Geo. Blight Biahqp and F, HUdyard^ Southampton, 
drapers, Feb. 4 at 1, Court of Bankruptcy, and. ac. and div. 
— Philip Carter, James-street, Covent-garden, factor, Feb. 7 
at 11, Court of Bankruptcy, and. ac-rW'm, Broome, Oxford- 
St., linen-draper, Feb. 5 at 1, Court of Bankruptcy, aud. ac. 
and div. — Chas. Hoppe, Blackfriars-road, Surrey, china man, 
Feb. 5 at 2, Court of Bankruptcy, aud. ac. and div. — Wm, 
Webb Offboume, Honey-lane, Cheapside, commissiQn-agent, 
Feb. 5 at 12, Court of Bankruptcy, aud. ac. and div. — Julius 
Ctesar Mott, Loughborough, and Leicester, ivine-merchant, 
Feb. 5 at 11, Court of Bankruptcy, aud. ac. and div. — James 
Smith, Thos, Edgley, and Bryce Smith, Manchester, Scotch 
warehousemen, Feb. 11 at 10, Commissioners'-rooms, Man- 
chester, div. ; at 10, aud. ac. sep. est. Jas. Smith; Feb. 11 at 
2, div. ; at 3, aud. ao. sep. est. Thos, Edyleys Feb. 14 at 3, 
div. ; at 4, aud. ac. B, Smith, — Thomas Colem-an, Highwood, 
Yarpole, Herefordshire, and Ed. WeUings, Ludlow, Shrop- 
shire, bankers, Feb. 8 at 10, Crown Inn, Ludlow, aud. ac. 
joint est. ; at 11, aud. ac. sep. est. T, Coleman ; at 12, aud. 
ac. sep. est. E, WeUings,— Wm, B, Windeatt, South Brent, 
Devonshire, corn-factor, March 3 at 10, Royal Hotel, Ply- 
mouth, aud. ac. — James Galpin, sen., MamhuU, Dorsetshire, 
maltster, Feb. 26 at 12, Greyhound Inn, Blandford Forum, 
aud. ac. — Danl. Hodgson and Jon. Wright, Glossop, Derby- 
shire, cotton-spinners, Feb. 5 at 12, Commissioners'-rooms, 
Manchester, aud. ac. ; at 11, div. — John Brooks, Baptist 
Mills, Bristol, sugar manufacturer, Feb. 8 at 2, Commercial- 
rooms, Bristol, aud. ac. ; Feb. 11 at 2, first and fin. div. — T. 
Driver and /. Moore^ City of London, ship-owners, Feb. 4 at 

12, Court of Bankruptcy, fin. div. sep. est. Thomas Driver, — 
Ed. Elfick, Milton, next Sittingboume, Kent, grocer, Feb. 4 
at 1, Court of Bankruptcy, fin. div. — Philip Carter, James- 
st., Covent-garden, potatoe-merchant, Feb. 7 at half-past 11, 
Court of Bankruptcy, fin. div.— FTanrtcir Weston, Grace- 
church-st., merchant, Jan. 28 at 1, Court of Bankruptcy, div. 
John Davies ajid Frederick Dickerson, Plymouth, Devonshire, 
merchants, March 3 at 11, Royal Hotel, Plymouth, aud. ac. ; 
at 12, div. — Jas, Bedingfleld, Stowmarket, Sufiblk, snigeon, 
Feb. 26 at 12, Crown and Anchor Inn, Ipswich, aud. ac. and 
div. — T, Cheetham, sen., Stockport, Cheshire, surgeon, Feb. 
8 at 2, Commissioners'-rooms, Manchester, pr. d. ; at 3, aud. 
ac. and div.— G. Broeklehurst, H, Direks, and J. B, Nelson, 
Liverpool, millwrights, Feb. 4 at 1, Clarendon-rooms, liver- 
pool, div.—/. Tollitt, Liverpool, bookseller, Feb. 5 at 12, 
Clarendon-rooms, Liverpool, div. 

CaRTiriCATSs to bs allowed. 
Unless Cause shewn to the contrary, on or before Feb, 4. 
Sarah Rackett, BcU-yard, Carey-st., locksmith.— CA«r/«f 
Stevenson, ShcflSeld, upholsterer.— /oA« Smith, Deptford- 
bridge, Kent, hatter. — Rowland Mitchell, Lime-st., merchant. 
—J. Saunders and Thos. H, Saunders, Basinghall-st., and 
Bradford, Wiltshire, woollen manufacturers. — James Garryt 
Manchester, brass founder.— iSom/. Schofield, Oldham, and 
Heywood, Lancashire, grocer. — C. A, Harris^ Bushey, Hert- 
fordshire, and Great Grimsby, Lincolnshire, flax-spinner.^/* 
Smith, Chas, iSmt'M.and Amos iStat'M, Heywood, Lancashire, 
cotton spinners.— ittcAof^ Morris, Gloucester, ooadi-naker. 
^ThQ9. Bennttt and Peler Fi9h, Fleetwood, Thorntoni Lm< 



THE JUBI8T. 



U 



Mhin, jmot.— JK. Hwrrk, Hifk Holbon, 
— Aartm JfSUt, Aibtoii.and«r-L|n«, ind ITm. (7. 5Mif, Mm- 
diesCer, eoCton-maniifacturert.— TF. PUHn^, Drojltdetiy Lia- 
caibire, munilBCtiirer of cotton goods.*- Wm, Jann, Tr^tron, 
CwdigaDibire, hotter dealer. 

PABTKXKSHIPS DtftftOLTlD. 

(>ril WilHoBu and TAm. £//if , PwUhdi, Camarronihire, 
attoraMi, wlicitora, and oenTeyancera. — Aim/. H» Oildtri and 
Hot. Bisfood, CraTcn-at, Strand, attomies And aoliciton. 
Scotch SBaoBaTRATioNS. 
Daatf Mmiikt jnn., Airdrie, ironmonger.^Jto^/. Om^beU, 
iron founder. -*irm and Jas. ArbueJtU, Ayr, 
/cr. Undsttpf Glasgow, Yictaaller. 

INSOLVENT DEBTORS* 
f%€fiihmimg A^aonert «f« ordered to h€ hroufht ^ h^fbrt 
ike 0»mri, in PiMinfoi-af., on FHdmy, A*. 4 ai 9. 
JKeL A«at, Talbot Inn-ynrd, Higfa-tt, Sonthwark, teter- 
u — Wm, Jt. Tbpiep, aen., GraYeaend, out of bu- 
~ WJkitley^ Upper St. Marttn'i-lane, dreia- 
i Cb//tii#, Antndd-st., Stnnd, licenaed rictnaller. 
Re^aat, Cheyne-row. CheUea, wine agent.— JBcfitanf 
, , Eiag DoYid-lane, Shadwell, toll collector.— il. Dix, 
Loqg-lape, Bermondfley, aaaSstant to a bnllder.-'/oAfi Bmkry, 
OowB-ol., Soho, carman.— J«r. Bowk^t ten., Broadway, 
lad|B<w liitl, aboemaker.— jMittr JiMell, WUte UoB.at., 
PtaCOBYilfe, o«t of bnaineis.— /SM* Sianiarf , Rotherhitbe-at., 
ImacAitfae, pork batdier.— Ben;. SAm9, Bermondaey-at., 
cbecMBoogcr'a ahopman.— jMAnr Putiingt Kcnnington-at., 
Wa&mdli, Tinegar merdiant.— ynmet Tkomwn, Phillip'ftt., 
CBgriand-Tond, dealerin yeasL— /«met F. dtinn, I>onet.tt., 
Ckfk^-TomA, print cntter. 

i>*. 7,attke MM9 hour mi ptaee, 

J9mm Bmiler, Yoong*st . Kenaincton, attorney at kw.— 

Stepkm Jeweii, Fleet-Iane, out of bofiineaa.— 7*. Burehatt, 

Kortbbrodk, near Wonerdi« Surrey, leather dreuer.->/{JrA. 

7%aa. Bay^» Haydon-at., Minoriea, broker.— ^oAn Netvet, 

Pnpkr-nnr, New Kent-read, carpenter.— /a«. R, Stringer, 

Ckodufov, Whitediapel« warebonaeman.— C. B. Vknpman, 

Maine, Toolcf-nt., green-grocer.— JoAn Brmra, Whitecroaa* 

IC, pafiar ttmrnr^^Hmir^ C. BuU, White Hart^., Drury- 

lane, gnm-grooer.— /aMM iZMnaon, Great Ruaaell-st., Co" 

Tfnf^idrn. Italian- warehonaeman.^* Wm. Che, jnn., Savoy- 

It., Stmd, ottt of bnainaaa.— rr. HukUrd, High-st., Shore. 

ditch, ant of hnaioeaa.— iKdbard Pryee, Strand, ahell iUh- 

Boi^cr.— 7%oa. Ca/Zayilfla, Liaaon^st., Paddington, lioenaed 

fctaikrofheer. 

Ch«^^Aa«ie• SbxffieU), Fei. 7 c^ 10. 

naaiat JTafse, Sheffield, pocket knife blade forger.— G«o. 

ITrwyy, Bhelllald, teble blade grinder.— G. Greates, Sheffield, 

attorney at fair.— T^komat Nayl^r, Sheffidd, table blade forger. 

— GccfVe BaU, Sheffield, joioen' tool forger.— JBden. B^A», 

JBi^ n^Mt"!'*^ aiercbant.— /oAn /aifpe, Sheffield, table knife 

arcr.— illeir. Wragg, Sheflidd, table knife grinder.— 

x BmrbtTy Sheffield, Uble knife grinder.— 12. Fnmm^ 

a, Tktnaller.— ^otA. Tkorp, Sheffield, typefomnder. 

— £Kfia JToalayse CSIaWaa, Sheffidd, printer.— £fM. JTi/joa, 

Ihrffiriii, file ontter. — Fred. Kenkme Stsad, Sheffield, coach 

haiUer.— Gfary^ CAmiterton, Sheffield, file cutter.— rAomat 

Wmmg, Shefield, stone getter.— JbTcnry Bnthetford, Sheffiekl, 

IriUe Uada grinder.— /(ni^A Ruikeiford, Sheffield, table knife 

pader^— rJtPiat lAndleg, Sheffield, viotuaUer.— S*. Tk4>rpe, 

aA^ Sheffield, edge tool hardener.— 7%omar WoodAouse, 

Shelkahd, table knife halter. — Jum€» Wallace, Sheffield, table 

Made gnader.— yaAn Waeden, Sheffield, table blade forger.— 

JOm mUeri, Sheffield, slater.— JlfioA. Srf^lon Maweon, Shef. 

field, boteher.—CSIarles Trickett, Sheffield, rasor grinder.— 

Jaetjti Broadhead, Sheffield, fork grinder.— rAomof Hall, 

ShcAdd, edge tool striker.— /ot^A Andrew, Sheffield, fiurmer. 

"^mudknn Badger, Sheffield, tailor.— FFi^tam Smith, Shef. 

field, tailor. — George Greavet, Ecclesiield, file maker. — Edw, 

Binnag^ Shaflield, auctioneer.— /oAn Co^er, Sheffield-park, 

razor nu^.—Stixaheth Qntn/on, widow, Sheffidd, out of bu- 

flinrai — Jnmee Ckadwiek, Sheffidd, pen blade grinder.— Jm. 

Claylea, Atterdiffe, near Sheffield, cod lender.— Afaf. Hague, 

Wadaley, Bcdesfidd, collier. »^«Aa Peanon, Sheffield, file 

aaaith.— Gaorye MarpUe, Sheffield, joiners' tool maker.— £. 

OipcB, SheflMd, shear grinder.— <9aaiae/ AfavAood, Sheflidd, 

I grinder.— iVicAoAw Rodgere, Sheffidd, table blade 

r<-*>^toryi FMHvn^ Sheflddi itona mma.^mUimn 



Marehf Shaffiald, spring knife cutkr.— il/jef Naghr, Shcffd^, 
out of bndness.— fn/oam Mercer, Sheffield, penknife cutlsr. 
William Demtnap, Sheffield, pen blade grinder.— /oAn 7h/- 
ierehatt, Sheffield, stove grata fitter.- JoAa £ircA, Nether 
Hallam, Sheffield.- Jtod. JOideburg, Sheffield, out of business. 
-^Samuel Howetm, Rush-dde, Sbieffield, wood turner.— 7*Aos. 
Holmes, Sheffield, edge tool striker.— G«Ofye Wild, Sheffield, 
edge tool striker.— /o«/ JRofe, Wadsley, near Sheffield, pocket 
knife cutler. — Josnh RyaUe, Sheffield, scissors grinder.— A^ 
Houlden, Sheffield, metd smith.— /Tairy CooAe, Ecdesfield, 
cod miner.— /oAn Crabtree Pickering, Neepsend, out of bu- 
shian.— ilsierl Denkolm, Sheffield, tailor.— i^am. Fom, Shef- 
field, table knife and blada grinder.^ ITi/^tom Birke, Sheffidd, 
braoa bit maker.*- ITtfitaas Bradekamf sen., Shaffidd, spring 
knife catler.-*yoAii VtaAsr# S/aeeg, sen., Sheffidd, Britannia 
matd smith.— ^iiaAe/A VKood^cA, widow, ShdBdd.— Am. 
Biggin, aaa., Sheffidd, pan knife cutlar.-*-#y«ir. XarAwaad* 
Sheffield, cabinet maker.— FTtZ/Jam Jtarlon, Sheffield, shoe 
maker.— /osAaa Perkinton, Sheffield, publioan.—/. #>n^al^, 
Sheflidd, table knife hafter.— ITil/tani Couldwell, sen., Shef- 
fidd, labourer.— JoAn Mou. Sheffidd, pen blade forger. 

It 11 believed thai Silk Gowns will shortly he con* 
ferrad on the following Gentlemen :— Messrs. Teed, 
Purvis, Koe, Kenyon rarker, Wilbnham, Walker, 
Lowndea, Mathews, Loftos Wigram, James RuaKlly 
O. Anderdon, and Roupel. 

Masters in Chancbbt.— The following gentlemen 
bare been i^pointed Masters Extraordinary in the 
High Court or Chancery: — Herman Dirs Martens, of 
Mai^te ; Thomas BurglT Dalby, of Ashhy de la Zouch. 
Leicestershire; James SoUory, of Nottingham; and 
Christopher John Geldard, of Settle, Yorkdilre. 

Criminal Jusncx in Prussia.— There has just been 
published at Berlin a statistical account of the criminal 
justice for the last 23 years, in the whole of the king- 
dom of Prussia, under the German system of legida- 
tion — that is, with the exception only of the Rhenish 
provinces, in which the French code is still in force. 
From this work it appears, that, during the period 
mentioned, there have been 812 criminala condemned to 
death, viz. 234 men and 78 women, making on an 
average about 13 capital sentenoes per annum, or 4 in 
every 3,000,000 inhabitants, the population of this part 
of Prussia being reckoned at 10,000,000. Of the 312 
capital convicto, 145 only were executed, of whom 130 
were men and 16 women. Among the 78 women con- 
demned to death, 33 were for infanticide, all of whom 
were fully pardoned or their sentences commuted 

Chancery Accounts. — Some idea of the magnitude 
and importance of the operations of the court of Chan- 
cery may be formed from the following detail :^Ac- 
cordine to a statement just completed, it appears that 
the balance of cash and securities placed to the credit of 
the various accounts in Chancerv amounts to the extra- 
ordinary sum of 42,000,000/. and upwards. At present 
the actual number of theae accounts is about 12,000; 
but Parliament has recently determined that all the 
accounts bdonging to the court of Exchequer (amount- 
ing to 1,600 or thereabouts) diall be added to them, 
thus forming an aggregate of 13,600. For facilitating 
the business incidental to this great mass of accounts* 
such as the payment of the quarterly dividends, &c., 
the officers have hitherto been divided into tbvee de- 
partments, (arranged according to the letters of the 
plaintilla* names), bnt we believe it is now determined 
to subdivide these departments into four. Great exer- 
tions are being made to carry this into effect; and the 
new arrangement will, no doubt, contribute much to 
the expedition of business and the convenience of the 
suitors, so soon as the labour of closing and bringing 
forward into new books such a vast number of accounts 
(for the purpose of subdivision) shall be completed. 
The offices in Chancery-lane are undergoing material 
alterations in order to afford accommodation for tiie 
carrying on this gceai increase of buttoefls* 



12 



THE JURIST. 



LAW.-*A MARRIED GENTLEMAN, 28 yean of 
age, who genred xuader Articles in Town and Country, 
and has been in practice about four years, is desirous of en- 
tering into PARTNERSHIP with a GenUeman of respectable 
and well established BusinesB in Town, who is in need of as- 
sistance, and would consider relief from the active and la- 
borious portion of his professional duties, a partial equivalent 
for the share of business parted with. The most unexcep- 
tionable references can be given. Address, E. C, Jurist Office, 
Chancery Lane. 

AW.—W ANTED, a CLERK, competent to under- 
take the MANAGEMENT of a GENERAL BUSI- 
NESS. A gentleman who has served his Articles vrill not be 
4ibjected to. No person need apply unless he can give satis- 
factory references as to integrity, sobriety, and industry. Ad- 
dress, with terms, &e., W. H., Mr. Cavdl's, 7, Gray's Inn- 
place. 

AW.— A GENTLEMAN, recently admitted, is de- 
sirous of purchasing a SHARE in the BUSINESS of 
a RESPECTABLE ATTORNEY, or, till that can be ef- 
fected, would not object to enter an Office to assist in the Ge- 
neral Business, especially the Conveyancing Department ; in 
the ktter case, such a Salary only would Im required as may 
be Ibwil equivalent to hia services. Unezoqitionable re- 
fe eaoQi will be given. Address, Z. L,, No. 2, St. George's- 
Square, Cheltenham, 

This day is published, price S«., 

THE DOCTRINE and PRACfTICE of EQUITY, 
or a Concise Outline of Proceedings in the High Court 
of Chancery, designed prindpally for the Use of Students. 
By G. GOLDSMITH, A. M., of the Middle Temple, Banister 
at Law. SECOND EDITION, aooording to the last New 
Orders of 26th August, 1841. 
Saunders & Benning, Law Booksellers, 43, Fleet-Street. 



Just published, in 8vo., price 1/. 6«., Third Edition of 

ARCHBOLD'S MAGISTRATES' POCKET 
BOOK ; or, an Epitome of the Duties and Practice of 
a' Justice of the Peace out of Sessions, alphabetically arranged, 
with Forms of Commitments ; to which is added a copious and 
general Index. 

" Archbold's Magistrates' Pocket Book we should hold to 
be indispensable to anew-made justice." — Spectator. 
John Richards & Co., Law Booksellers, 194, Pleet-Street. 



Just published, price 5«., pocket size, 

FORMS of WILLS, adapted to every situation of 
Ufe. By ROBERT ALLEN, Esq., A.M., F.S.A., Bar- 
rister at Law, Author of ** The Practice of the Common Law 
Courts," &c. Price 6«. 
John Richards & Co., Law Booksellers, 194, Fleet-Street. 



BISSET ON ESTATES FOR LIFE. 
This day is published, in 8vo*, price 13«., boards, 

A PRACTICAL TREATISE on the LAW of ES- 
TATES for LIFE. By ANDREW BISSET, Esq., 
of Lincohi's Inn, Barrister at Law. 

V. and R. Stevens & G. S. Norton, Law Booksellers and 
Publishers, (Successors to the late J. & W. T. Clarke, of POr- 
tttgal-street), 26 and 39, Bell-yard, Lincoln's Inn. 
Of whom may be had, lately published, 
DANIELL ON CHANCERY REFORM. 
In 8vo., price 2«., stitched, 
CONSIDERATIONS on REFORM in CHANCERY. 
By EDMUND ROBERT DANIELL, F.R.S., Barrister at 
Law. 

DANIELL'S NEW CHANCERY ORDERS. 
In 8vo., price 5«. boards, 
PRACTICAL OBSERVATIONS on the NEW ORDERS 
for the REGULATION of the PRACTICE and PROCEED- 
1NG8 of the COURT of CHANCERY, issued by the Lord 
Chancellor on the 26th August, 1841 ; with an APPENDIX, 
containing the subsequent Orders. By EDMUND ROBERT 
DANIELL, Esq., F. R. S., Barrister at Law. 

D.\N1ELL'S QJPANCERY PRACTICE. 

In 2 vob. 8vo., and voL 3, utrt 1, pric^ 4/. 4«., boards, 

A TREATISE onthe PRACTICE of the HIGH COURT 

of CHANCERY, with some Practical Observations on the 

Pleadings in that Court. By EDMUND ROBERT 

PANIELL, Bsq., F.R.S., Barrister at Law, 



JARMAN & BYTHEWOOD*S CONVEYANC 
ING, by SWEET. The Third Volume of the above 
Work, containing the Titles, Assent, Attestation, Attornment, 
Award, Bargain and Sale, Bond, Confirmation, Covenant, 
Covenant to stand Seised, Defeasance, Direction, and Dis- 
claimer, is ready for delivery to the Subscribers. Price 1/, bs. 
boards. 

S. Sweet, No. 1, Chancery.lane, London ; and A. Milliken, 
Dublin. Of whom may be had. 

Just published, price 1/. 5«., vol. 1, of 

A TREATISE on WILLS. By THOMAS JAR. 
MAN, Esq., of the Middle Temple, Barrister at Law. 

Fifth Edition, in 2 vols., royal 8vo^., price 2/. lOf. boards, 

AN INTRODUCTION to CONVEYANCING, and 
the NEW STATUTES concerning REAL PROPERTY; 
with Precedents and Practical Notes. By WILLIAM 
HAYES, Esq., Barrister at Law. 

Just published, price 14«. boards, 

A TREATISE on the LAW and PRACTICE of IN- 
INJUNCTIONS. By CHARLES STEWART DREWRY, 
Esq., Barrister at Law.' , In 8vo., price 14«. boards. 
In one thick' volume, price If. 4#. boards, 

LYTTLETON, hU TREATISE of TENURES, in Rvock 
and English. Printed from the most ancient copies, and 
collated with Letton and. Machlinia, Madilinia, Pyiison, 
(the Rouen edition), Redman, an hitWfeo unnoticed editkm 
by Berthelet (1530), and the various readings of the Cam- 
bridge MSS., with introductory and concluding remarks to 
each Chapter, (designed for the use of general r^ers and 
students), an Index, occasional Notes, various Readings and 
References. To the whole is prefixed a Prefiux, with the 
Life of Lyttleton, and a Bibliographical Notice of the various 
printed Copies to 1671 : and incorporated vrith the Work, the 
" Olde Tenures," and the " Consuetudinea Kancile," the Is^ 
collated with an unedited Copy in the Arundel MSS. By 
THOMAS EPLYNE TOMLINS, Esq. ^ 

REPORTS of CASES aigued and determined in the 
HIGH COURT of CHANCERY in IRELAND, 
during the time of Lord Chancellor Sygden. By B. C. 
LLOYD and F. GOOLD, Esqrs., Barristers at Law. In 1 
vol. royal 8vo., price 1/. 3«. bds. 

S. Sweet, 1, Chancery-lane ; and V. &^ R. Stevens & G. S. 
Norton, 26 and 39, Bell-yard. Of whom may be had, 

A PRACTICAL TREATISE on the LAW of 
MARRIAGE and DIVORCE, and REGISTRATION, as 
altered by the recent Statutes; containing ^so the mode of 
Proceeding on Divorces in the Ecclesiastical Courts and in 
P^Kament; the Right to the Custody of Children; V<dmitanr 
Separation between Husband and Wife; the < Husband's Lia- 
bility to Wife's Debto; and the Conflict between the Laws of 
England and Scotland respecting Divorce and Legitimacy. 
With an Appendix of Statutes. By LEONARD SHEL- 
FORD, Esq. , of the Middle Temple, Barrister at Law. Price 
1/. lOs. in boards. 

SHELFORD'S TITHE AMENDMENT ACT, 2 & 3 Vict* 
c. 62. — In 12mo., price 2«. 6cf. sewed. 

The TITHE AMENDMENT ACT, 2 & 3 Vict. cap. 
62, with an Introduction, Notes, and an Index, being s 
SUPPLEMENT to the Second Edition of the Acts 6 9^ 7 
WiU. 4, cap. 71, and 7 WiU. 4 & 1 Vict. cap. 69, for the 
Commutation of Tithes in England and Wales, and-the Law 
of Tithes with reference to those Acts. By LEONARD 
SHELFORD, Esq., Barrister at Law. 

The LAW and PRACTICE RELATING to IDIOTS, 
LUNATICS, &c., with an Appendix of Statutes, Forau, &c: 
By LEONARD SHELFORD, Esq., Barrister at Law. In 
1 vol. 8vo., price I/. 8». boards. 

A PRACTICAL TREATISE on the LAW of MORT- 
MAIN and CHARITABLE USES and TRUSTS, with sn 
Appendix of Statutes and Forms. By LEONAKD SHEt, 
FOIID, Esq., Barrister at Law. Jn 8vo., price 1/. lU..6rf. bds. 



••»«'t>rder» fdr THE J^URIST givtnMo any New»oi<D, or tett^^ 
JES!J-P^<i> •«"' ^9 the 0»c«. No. 3. CHANCBH V LANK, orto V. ft BJ 
bTtVENS & G.^, NOfttON, (SucocMors to J. & W. T. Clarke, l«le 
of Pdrtttgal Stnwtf, 26 Bt«l», BELL VaRD. wJH Insure its puoctnal 
delWery h< Loitfon. or lu'bein* fonmrded on the evening of publka* 
tt<». through the inc<|ium of the Post Office, to the Country. 



London^ Printed by WALTER M«DOWALL, Paiwraa, 4. P»«- 
•BRTOM Row, and Publiahed.by STEPHEN SWEET,- BqqmJ'M 
and Puausuaa, 3| CuAxcsnYXAirs, 'SatunUyi January 16$ KM** 




'S''. 



'^ 






No* 263. 



JAN. 22, 1842. 



With Supplement, 2s. 



TU^ i h mm t ^ are the Namm of tJU GmUemmwko fawmr Tmb Jumct wUh Reports of Otun myued tmd 
decided in the severtUComii of Law and E^ui^: — 






JE. T. Hood, Em. of the Inner 



Temple, Barrister at Law. 

fTsNisoN Edwards, Esq. of the 

\ Inner Temple, Barrister at Law. 

orConiMms Elae- f A. V. Kiewak, Esq. of Gray's 

tin CBumifttecs \ Inn, Barrister at Law. 

TkB Lard Clianoeaor's fE. T. Hooo, Esq. of the Inner 
Co«t \ Temple, Barrister at Law. 

of Hm BoDs Cowti ^J- ^^■"SN, Esq. of the Inner 
^^ vQw^-j^ Temple, Barrister at Law. 

of Eng- FTknison Edwards, Esq. of the 

rs Govt \ Inner Temple, Barrister at Law. 

Tioe-Cbaiedlor Bmce's J W. W. Coofxr, Esq. of the Inner 

CotK \ Temple, Barrister at Law. 

TJBt-TliMf rBor Wigram's f E. J. BaviR, Esq. of Lincoln's 

Govt \ Inn, Barrister at Law. 



Court of Qneen't Bench 



{■ 



E. Kkmpson, Esq. of the Middle 

Texnple; and 
}. J. P. Smith, Esq. of the Inner 
Temple, Banisters at Law. 

Queen's Bench BaaConrt I ^- J- Kirw^k, Esq. of Gray's 
^wcuBowKUDuuK^mn^ Inn, Barrister at Law. 

Court of Common Pl««»{'^J^i„?J^""-^''' Esq. of Lin- 



t's Inn, Barrister at Law. 

r W. M. BasT, Esq. of Gray's Inn, 
\ Barrister at I^aw. 

Ecclesiastical and Admi- f Dr. R. Phiuimorx, of Doctors' 
ralty Courts \ Commons. 

F. Fibber, Esq. of Lincoln's 
Inn, Barrister at Law. 



Court of Exchequer . . 



Court of Reriew 



^^ Seme i n eo nw e m ifmc e kmt ieem ocemtUmtd dy the mi^old» 
im§ qf The Jurist:— /Ait i$ qfien the fault ^ the 
wemeeemder: but, tm the Uut pubtieation^ it eroeefrom 
mmwptcied iigtaUtiee attending the enlargement i^f the 
feiper, ' Arrmngemenle will eoan be made for ear^fuUg 
f M n§ the entire im p r eee i o n bpore it tt publiehed ; 
RURf SR Me RismftRie, the enoeeneere euro recommenaea 
tof^^U their eofiee b^ere they cut them. 

LONDON, JANUARY 22, 1842. 



So aMiijr Siatates hare been passed upon the subject 
of Jkm ki i fl ey atnee the Consolidatiiig Act of 6 Geo. 
4> c. 16; and so xnanjr glosses and further provisions 
hBfa bean snppUed to those enactments by the Courts, 
that thia branch of commercial law has become nearly 
ss p stfisggd as it was in 1826. The subject of protec- 
tion to pavtiea deaUng with traders has, in particular, 
neeiTedasTeral touches at the hands of the L^skture 
and ^ Bench, and is now in such a state, that many 
«f onr iMdcKS .wiQ probably not object to a brief no- 
tice of the moat important points. 

We will, in the first phM», state the enactments. By 
tke 6 Geo. 4, c 16, s. 86, honk fide purchasers for value 
from a hmkrupt, with notice of an act of bankrupt^, 
en prolestad, unless the fiat issues within a year. By 
the 81ji aectami, conveyances by, and contracts and 
other dealiiua ai»d tvansactionB by and with, any bank- 
TUfi, beni fida made and entered ' 



into more than two 
) the issuing of the commission, and all 
I and attachments against the lands or goods 
of the baakn^ bona fide exeeuied or looted more than 
tno msnths beioie the issuing of the commiasion, were 
dedaied valid, notwithstanding a prior act of bank- 
ruptcy, if the party so dealing, &c., had no notice of 
Saet ofhankmptcy. By the 82nd section, any honk 
payment made by or to a bankrupt, without*notice 
of an act of bankruptcy, is made valid against a subse- 
9iient fiat, unless it be a fraudulent preference; and 
the Mth section, in like manner, protects parties deli- 
vering fsoda of the bankrupt without notice. Lastly, 
by sect 106, it Is enacted, that no creditor having 
siOQri^farldad^ or Jiavmg attached the goods of 
the bsBloMl, duOl vBoetve more than a zataUe part 
eiwmkrdMf aacept in respect of any execution or exr 
Vou VI. B 



tent served and levied by seizure upon, or any : 
of, or lien upon, any pajrt of the property of such 1 
rapt, l)efore the bankruptcjr ; provided^ that no credHor^ 
though for a valuable constdierationy shall aoaU himself 
of an execution uoon any judgment obtained by default, 
cot^tssion^ or nil aicit. 

It was held, that an execution on final judgment bv 
defoul^ was within the last cited proviso, as were all 
executions, except on judgment after verdict, trial bv 
the record, or on demurrer. (Cuming v. ffealcy 4 M. 
& P. 238). Upon this, it was enacted, (1 Will. 4, c. 7, 
s. 7), that no judgment signed, or execution issued on 
a cognovit signed, after declaration filed or delivered, 
or judgment by default, confession, or nil dic|t^ accord- 
ing to the practice of the Court, in any action coxnmenced 
adversely and not by collusion for the purpose of fiuu- 
lent preference, should be within the 108th section of 
the Bankrupt Act. This enactment left judgments on 
warrants of attorney unprotected. (OrossfieEi v. Stan* 
/^f, 1 Nev. & M. 668). 

. The 12th section of Sir £. Sugden's Act (2 & 3 Vict, 
c. 11) save validity to all oonoey€mces by any oankrupt, 
bon& nde made and executed before the dato and issumg 
of the fiat, to persons without notice of any prior act 
of bankruptcy; but this particular provinon was su- 
perseded by the general and important enactment in, 
the 29th chapter of the same session, which, after re- 
citing the 82nd section of the Bankrupt Ac^ and the 
12th section of Sir £. Sugden's Act, enacts, ** that all 
contracts, dealings^ and transactions by and with any. 
bankrupt really and bond fide made and entered into 
before tne date and issuing of the fiat against him, and 
all executions and attachments i^inst the lands and te- 
nements, or ffoods and chattels of such bankrupt, bond 
fide* execute or levied before the date and issuing t of 
the fiat, shall be deemed to be valid, notwithstanding 
anv prior act of bankruptcy by such bankrupt commit- 
ted, provided the peison or persons so dealing with 
such bankrupt, or at whose suit, or on whose account, 

* See Hall t. Wallace, (7 Mec. ic W. 353; 5 Jur, 198). 

t The time of deUrering out the fiat as an operat i fe inftni. 
meat is <' the date and iieaing" of the fiat; i. e., prim& ficie, 
the time of defiveriog it oat of the bankrapC oAoe. Pewtreee 
V. .<laaaii, (9 P. P. C. 828). 



14 



THE JURIST. 



such execution or attachment shall have issued, had 
not, at the time of such contract, dealing, or tranaao- 
tion, or at the time of ezecuiii^ or lerying eoch exe- 
cution or attachment, notice of any prior act of bank- 
ruptcy by him committed ; provided also, that nething 
herein contained shall be deemed or taken to give yall- 
dity to any payment made by any bankrupt, being a 
fraudulent preference of any creditor or creditors of 
such bankrupt, or to any execution founded on a judg- 
zuent on a wanaat of attorney or cognovit given mr 
any bankrupt by way of such fraudulent preference. 

Tbe 82n«l section of the Bankrupt Act» proteeting 
payments without notice, was clearly retrospective; 
( Terrington v. Hargreave$j 3 Moo. & r, 137) ; and, in 
the case of LuMn v. Simpson, (4 Jur. 487, 8 &;ott, 676), 
it was laid down, and in effect decided, that the 2 & 9 
Vict. c. 29, is retrospective, and gives the law to all 
cases that come for adjudication before the court, al- 
though the transaeticm took place before the passing of 
the act. There the levy was made on the 16th February, 
1839; the fiat issued, and the assignees were appointed 
on the 23rd ; and the act received the royal assent t>n the 
16th July, an issue to tiy the validity of the fiat then 
standing for trial. (See Nelsttop v. Soarubtiei^ 6 Mee. 
& W. 684). However, this decision has been over- 
ruled ; and it is now aettlsd, f with the ooncuireiioe of 
the Judges of the Common Pleas),, that, where the as- 
signees have been appointed before the 16th July, 1839, 
their vested title is not divested by the aet. {Edmmds 
V. LavfUyy 6 Mee. & W. 285 ; Moore v. Phillips. 7 Mee. 
& "W. 636). But, in cases where the passing of the act 
intervened between the issuing of the fiat and the ap- 
pointment of the assignees, it seems that the transaction 
would be protected. (Id. ; Nehtrop v. Scatishrv^)^ 

The most important question, nowever, Is, to what 
extent must an execution proceed before the fiat, to be 
protected ? Although, for the puipose of changing the 
property of the goods, and overreaching the title of a 
creditor nnder a prior writ, or the prerogative tftle of 
the Crown, seizure is not sufl^ient, but the goods must 
be actually sold ; yet, for the purpose of the 8l8t section 
of the Bankrupt Act^ seizure is a sufficient levying of 
the execution. {Oiles v. Orwer, 2 M. & Scott, 207, 241; 
Godson V. Sanctuary, 1 Nev. & M. 62. See Thomas v. 
Desangesy 2 B. & Aid. 586; Samuel v. Didc, 3 Mee. & 
W. 622). But as the ownership is not changed until 
sale, the creditor is, after seizure and until sue, a cre- 
ditor holding security within the 106th section ; and, if 
not protected by the Slst section, (or now by the 2 & 3 
Vict. c. 29), cannot avail himself of his security. 
(Notley V. Buck, 8 B. & C. 160; 2 M. & tty. 0B; Mor- 
land V. Petl<m, 8 B. & C. 722; 3 M. & Ry. 411). 
After sale, (though before the return day of the fi. fa.), 
the 108th section does qot apply, even where the judg- 
ment was entered up on a warrant of attorney, &c.; for 
the party suing out execution then ceases to be a cre- 
ditor. ( Wymer v. Kembley 6 B. ft C. 479; 9 D. & R. 
511; Higgins v. M*Adam, 3 Y. & J. 1). 

Neither the 81st nor the 108th section of the Bank- 
rupt Act is repealed by, or even refeired to in, the re- 
cent act ; but with the exception of the concluding pro- 
viso against fraudulent preference, the new enactment 
is the same as the 81 st section of the old act, the date 
of the fiat only being substituted for two months before 
such date ; and as executions under judgments on war- 
rants of attorney, levied by seizure two months before 
the fiat, were held to be protected by the 81st section 
fVom the 108th, Godson v. Sanduary, 1 Nev. & M. 52; 
4 B. & Adol. 255 J, it should seem that they would now 
be protected by tne new act, wherever the fiat issues 
after the seizure, though before sale. The court of 
Common Pleas has, however, decided, that executions 
on judgments not obtained on actions commenced ad- 
versely, must be ^xfected by sale before the fiat, (and, 
it i^ould seem^ also before the banktuplcy), t« be 



Sotected by the iww act. ( Whitmore v. Robertson, 8 
ee. & W. 463; 5 Jut. 1088). Hie ground on which 
this somewhat unexpected decision was founded is 
simply this, that, as the act gives validity to executions 
levied before the fiat, ** notwithstanding any prior act 
of bankruptcy," it merely places them m the same si- 
tuation as if no act of biniKrupto]^ had ooouned; and 
thus afibrds a complete protection in case of executions 
on adverse judgments, which could only have been in« 
validated by prior acts of bankruptcy. Bittyii to av 
ecutions under warrants of attorney, the 108th section 
diB£Batod them, (unless perfected by sa]« he§ot% bank- 
ruptcy), although there were no' prior act of b^k- 
ruptc^; and, therefore, the putting them in the same 
situation as if there had been no act of teftktnptcy, 
does not exclude the operation of that section. And 
this ^seasoning appears to be unanswerable, for the ide 
oliject of the enactment was, undoubtedly, to put an eqd 
to the relation of the assignees* title to tne act of bank- 
ruptcy, and not at all to affect any other part of the 
bahkrupt law. But the important result of the deci- 
sion is, that the case of Godson r, Sandtudty (cited 
supm) is overruled ; and executioas under wsaitants of 
attoniey are taken, not only out of the new act, but 
also out of the 81st section of the Bankrupt Act; and 
judgment creditors are liable to bd defeated by an act 
of bankruntcy intervening between seizure and sale, 
although tne fiat may not issue until aft^r the expira- 
tion of two months from the seizure. In WMl^nore v. 
Robertson \htJUa had issued before sale, but the prin- 
ciple of the Vision obviously applies where the sale 
precedes the fiat, if it follow the act of bankruptcy. 

The practical effect of the recent decision wm be, to 
increase the number of adverse actions, amd to quicken 
the proceedings of execution creditors. 



COPYHOLD COMMUTATIONS AND EKFRAN- 
CHISEMENTS, UNt)ER THE 4 & 6 Vict. c. 35. 

The commutations of manorial rights which the sta- 
tute embraces, are eitkar, (1 ) such as, cnriffioatBag in the 
viduntary agreement of a majorit^r of the persons in- 
terested, are caknpulsoiy on the minority ; or (2) such 
as are voluntary on the part of all the persons whose 
interests are immediately atfiected. For Uie saike of dis- 
tinction, therefore, the fonner kind of comniutatioB 
may be denominated a compulsory ceoinnitalion, and 
the ktter, a poluntofy oommutation. 

lather of these kinds of conmmtatioii, a compulsory 
commutatioi^ as well as a vobmittry ccmnniitatioa, may 
extend over a whole manor, or only orer part of a 
manor« Fer, by the 102nd section of tira act, the com- 
miasioiMrB, with the ooasent of the lord of the manor, 
have the power of dividing a manor into portions for 
the purpose of a oonnniitatioB, either volontaiy or ten- 
pulsorr. And if all the tenants of a manor can agree 
with tne lord and among themsdvee upon the terms of 
oonnnutation, they may «fiect a voluntary commttto- 
tion in the same manner as the act enables one or mom 
of the tenants to effect a partial commutation with in- 
spect to their own lands; and, in such a oase^ it will 
not be necessary fi)r them to have recoune to the more 
expensive and cumbersome machinery of a eompvikBory 
CMimmntation • 

Since the mode of proceeding directed by iha act dif- 
fers according as the oommutation is compulsory or 
voluntary, but not necessarily according as it is general 
or ]>artiai, the subject appears to divide itself most con- 
veniently into the oonsiaemtion of tiiose provisions of 
the act that relate to oompulsoiy commutations, fmd 
those that relate to voiuntaiy commutations. 

The coannissioners, indeed, in the Inslaractioiis pra- 
fixed to liie fbrms issiied by ^Inm, di»btnfiiish-&sfe 
two kinds vi'wmmaMkm by tlM man$ ur'^maimri^ 
2 •'^'- 



THE JURIST- 



IS 




and ** partial comnratatioiie;" but for 
giTcn above, the denominationB we hare 
a the beet eaited to the diviaion of the sub- 
ject-matter of the act, and the moat conducm to a right 
wniitinNiidiflg of the nature of its proviaions, 

L CoHPOiMKr CoMMUTAnoKS.— I. PfweeHtiffi. 

If on the tenants of a manor, (or of a portion of a 
manory when dlyided by the commiflrioners*), cannot 
aficewith the lord and amone themselves upon the 
terms of a voluntary commutation, the following me- 
thod of proceeding is authorised by the act for the pur- 
pose of eflfecting a commutation that shall be com- 
pulsoiy- on all the parties interested. 

Momonal MeOmg.'] — A meeting of the lord and 
tenants may be called by a notice signed either by the 
lord, boring on interest not less than one-fourth of the 
aanoal Tslue of the manor, or hv ten of the tenants ; or, 
if then be not so many, bv naif the tenants of the 
BSDsr: sa^ notice to be puolished and advertised as 
dbccted br the Idth section. At the meeting a chair- 
man is to be elected by the lord and tenants, (the vote 
of the lotd being reckoned as equal to one-third of the 
^diole nomber of votes, and the votes of the tenants 
beiiig reekoned individually), and the chairman is to 
pneeed to ascertain the number and interest of the lord 
sad tenjmta present, computing the interests of the 
tensBta in the manner 4>rovided by the 17th section ; 
sod if the interest of the lord who is present appears to 
amount to three-fourths of the value of the manor, and 
the tenants present are not less than three-fourths of 
the whole in number and interest, they may proceed to 
enter into and execute an agreement mr commutation. 
If it should appear that the persons present are not suf- 
ficient in nnmber and interest, or a sufficient portion 
are not willing to enter into an agreement, any number 
eff the penons may, nevertheless, execute a provisional 
agncmsnty which, if executed within six months by a 
siiBckBt proportion of parties, will be equally effectual 
as if sofficiently executed at the meeting, f Sect. 16). 
The meeting may be adjourned by the dealre of the 
majority of the penons present, due notice of the ad- 
jowned meeting Deingjnven according to sect. 18. 

l%e Aareement.y--Vne agreement is to be in such 
form as the commissioners snaU direct; and they have 
aheodj issaed a form for the purpose. It is to bear 
date on the day on which the first signature is attached 
to it, (sect. 19), which must be done at the original 
meeting, or a r^uUrly adjourned meeting. 

PmrUew to the Affremeni.2 — ^It must be si^ed bv the 
parties already mentioned, as required for its validity, 
viz. not leas tlum three-fourths in number of the tenants, 
fend the lord and tenants whose interests in the manor 
and lan^ amount to not less than three-fourths of their 
mp c ctlwa value, (sect. 13) ; computing the interests of 
tfia t s MuA a in the manner directed by sect. 17. which 
provi d e a, thai the interest of no person shall oe com- 
peted TOO has not been admitted, or who has made an 
absohte aumnder of his copyhold; and enables the 

eoBsWoners, in certain cases, to make special rules 
tar the computation of interests : and in case of dispute 
Oi to the sufficiency of interest of parties, the decision 
of the eonmiisBioneni is to be conclusive. (Sect. 14^. . 

In the case of an ecclesiastical or other corporation, 
or the patron of a living, being interested in the manor 
er any of the lands to the extent of one-third of their 
ammal value, the consent of such parties will be necea- 
■arv to the validity of the agreement. (Sect. 22). 

If any party interested be under a disability, or 
abioad, the 11th section substitutes the guardian, trus- 
tee, eommittee of the estate, husband, or attorney, in 
the phoe of such person, for the purposes of the act. 
Ana sect. 12 enables the lord or any of the tenants of 



* ThawDvd 



wlMoefer used hsKesfter, is to be 



( to N^ a portkm of f manor 



the manor to appoint, by power of attorney, an agent 
to attend the meetings, and enter into and Bk;n the 
agreement, and do all other acts for them under the 
provisions of the act. 

Termi of the Agreanentjy^Tht agreement will ex- 
press whether the commutation is to be for a rent- 
chaige, and small fine not exceeding 5f., or for a fine 
on death or alienation, or at some fixed period. If the 
former is agreed to be the oonsideration of the commu- 
tation, the agreement may either fix the amount of the 
entile rent-charge payable to the lord, or provide that 
its amount shall be fixed by the valuers, subset to the 
approbation of the commissioners; and if the amount 
be stated, it may either determine the apportionment 
for each tenant, or provide that the apportionment shall 
be made by the valuers, with the like ap^bation; or 
aeparate rent-charges may be agreed u|pon between the 
lord and any one or more tenants, ])arties to the agree- 
ment; or the agreement may provide, that the entire 
rent-chaige therein atated sliaU be subject to increase 
or diminution by the valuers to a specified amount per 
cent., or that such sepan^ rent-chaiges shall be subject 
to increase or diminution to a given amount per cent, 
in certain specified events. The agreement may also 
provide, that so much of the rent-chaige apportioned 
in respect of the limds of any tenant, who is a party to 
the agreement, as shall be in lieu of fines, &c., to which 
such tenant would not be liable thereafter during hia 
tenancy, shall not commence till the time of the next 
act or event on which such &[ie &c. would have become 
due. (Sect. 14). 

If the commutation is for a fine on death or aliena- 
tion, or at some fixed period, the agreement is either to 
fix the amount of Uie fine, or provide that it shall be 
subject to increase or diminution by the valuers to a 
specified amount per cent. If the fine is to be payable 
at a fixed period, the agreement will specify that pe- 
riod. (Sect. 16). 

The commutation will extend to rents, reliefis and 
services, (except service at the lord's court), and also to 
lines, henots, and payments in lieu of heriots, and the 
lord's rights in timber, without any express mention of 
them in the agieement. But, if it is also intended to 
commute theiord's rights in mines, they must be ex- 
pressly included in the agreement. fSect. 13). If the 
lord's rights in mines are reserved to him, rights of way 
for mining purposes may be mnted to the lord, by a 
statement to that effect in the agreement. (Sect. 84). 
Any other right cannot be made the subject of a eomr- 
pmwry commutation. (Sect. 82). 

The agreement may likewise fix a scale of fees to be 
payable to the steward after the commutation, but so as 
not to affect the interests of any steward now in office, 
who holds his office for life or during f;ood behaviour, or 
according to the usage has, in the opmion of the commis- 
sioners, a just expectation of so holding it. (Sect. 14). 

The agreement may also provide for the costs of the 
proceedings, subject to the approbation of the commis- 
sioners; and may contain all other provisions necessary 
for carrying the commutation into effect, so that they 
do not interfere with the powers given by the act (sect. 
28) for apportioning the rent-charge aooordii^ to the 
particular circumsiiances of each tenement, and for the 
relief of. tenants for life, and other persona having li- 
mited interests. (Sect. 14). 

CimfiniuAvm, of the ApreemeiU.'h-AB soon as the 
agreement has lieen executed by the requisite parties, 
it is to be sent to the commissioners, who are to institute 
an inquiry for the purpose of satisfying themselves that 
it ought to be confirmed ; and if they are satisfied that 
it ought to be confirmed, the commissioners are to con- 
firm the agreement bv signing and sealing it, adding the 
date of the confirmation, and are to publish the fiict and 
date of the confirmation within the manor. (Sect. 23). 

Until the agxtement Is thus confirmed it is in nowise 
3 



16 



TH^ JURIST. 



binding. The commissioners are copsequently invested 
with a veto on every agreement. It wul, therefore, be 
advisable for the parties to communicate unreservedly 
with the commissioners, for the purpose of insuring 
their concurrence, before much expense is incurred in 
the preliminary proceedings. 

After the agreement is thus confirmed, it will be 
binding, not merely on the parties who have ngned it, 
but on all persons interested in the manor and lands 
included in the commutation, nor will be liable to be 
invalidated by any question as to the sufficiency of 
the number or interest of the parties. (Sect. 23). 

Appointment of Valuers.'] — The statute (sect. 24) di- 
rects the appointment of valuers, who are to make the 
valuations, apportionments, and schedules required for 
carrying the agreement into effect. The valuers mav 
be appointed at the original meeting, or at some ad- 
journed meeting, either before or after the confirmation 
of the agreement; but the appointment will not be 
valid, unless the agreement has been or shall be exe- 
cuted by the sufficient parties. If the amount of the 
rent-charge is fixed by the agreement, the valuers are 
to be appointed by the tenants in the mode prescribed 
by the ^th section. But if the amount or the rent- 
charge is subject to increase or diminution by the va- 
luers, or be left to be determined by them, they are to 
be appointed, half of them by the lord, and the other 
half by the tenants. It is observed by Mr. White, in 
his useful edition of the act, that ** there does not ap- 
pear to be any special provision for appointing vtduers, 
m cases where the consideration for tne commutation 
is a fine alone, under the 16th section; nor do any du- 
ties seem to be assigned to them in this respect, except 
as to the determination of the amount of increase or 
diminution of the fine, when left to them. But, as the 
commissioners are required to set out the amount of 
such fines in their schedule of apportiomnent, the costs 
of necessary proceedings for carrying out the provisions 
of the 15tn clause would either be matter of separate 
agreement between the parties and the valuers, or re- 
main for adjustment by the commissioners^ under the 
44th clause." 

When an even number of valuers are appointed, the 
commissioners may appoint an umpire between them. 
(Sect. 25). And n, after six months from the confirm- 
ation of the agreement, no valuers shall have been ap- 
pointed, or their valuations, &c., shall not have been 
made, or in case of the death or incapacity of a valuer 
appointed, the commissioners are empowered to appoint 
valuers. (Sect. 38). 

Powers and Duties tyf Valuers,'} — The valuers cannot 
act till they have made and subscribed the declaration 
prescribed by the 26th section. And after tiie confirm- 
ation of the agreement, but before they enter upon the 
performance of their duties, they are to apply to the 
commissioners for instructions, (^ect. 25). n^hen they 
have received their instructions, they are to proceed to 
make such valuations, &c., as the commissioners shall 
require, for which purpose the valuers are empowered, 
on producing an authority from the commissdoners or an 
assistant commissioner, to enter into and inspect any of 
the lands included in the commutation ; and to require 
the steward of the manor to furnish a statement in writ- 
ing, in the form directed by the commissioners, of the 
particulars relative to the manor, described in sect. 27. 

Valuations and Apportionments^] — ^Afber these preli- 
minary investigations, the valuers are to proceed to de- 
termine the increase or diminution, within the pre- 
scribed limit, of the rent-chai^e or fine, or to fix the 
amount of the rent-charge, where, by the terms of the 
agreement, those matters are left to their determina- 
tion; and then to apportion the rent-charge amongst 
the several tenants, where the apportionment is not 
made by the agreement itself; and m so doing, the va- 
luers are to tbke into considenitionj and make due al- 1 



lowances for the particular circumstances of the land 
included in the commutation, and of the sevend tene- 
ments, so &r as they may, consistently with the terms 
of the agreement and the instractions of the commift- 
sioners. (Sect. 28). 

The valuers are also to stato the amount of the fine, 
not . exceeding 1^^ to be payable in leqieet of eadi .tene- 
ment ; and, u so mstructod by the commi^noQen^ they 
are to make an apportionment of ^e costs of the pro- 
ceedingSy subject to the approbation of the compussion- 
ers. (Sect. 38). 

The valuers are to send their valuaUons^ &c., when 
completed, to the commissioners, who are to cause a 
copy of them to be deposited in the bands of the stew- 
ard, and notiice to be ^ven of their being so deposited, 
for the ins^tion, without fee, of the persons interr 
ested; and m the same notice, a place and time, not 
earlier than twenty-one days afber> is to be ^j^ointed 
for holding a meeting for hearing and detenniijung ob- 
jections to the valuation. (Sect. 29). 

Notices of objectiozv by the lord are V> be fpyen to 
the commissioners, at their office, and b^ any other 
party, to the steward, at the place of deposit; but, un- 
less upon cau^ shewn to the satis&ction of tlie com^ 
missioners, they muat be g^ven at least ten days before 
the day of meeting. Forms of such notices will h9 
supplied by the commissioners, through the steward^ who 
is to annex the notices to the copies of t)ie valuations^ 
and make a note of the objection on the copy \o which 
H relates, and allow inspection of such notices. (S» 2fi). 

Before the meeting, the steward is to deliver the co- 
pies and notices to the commissioners, or the assistant 
commissioner deputed to hold the meeting, who is^ at 
such meeting, authorized to hear and detemine Uie ob- 
jections, and adjourn the hearing, if necessary, and 
.direct further valuations, &c., to be made. (Sect. 29). 

When the objections have been heard and deter- 
mined, the schedules are to be amended accordingly; 
and, at any time before the final settlement of the ap- 
portionment, the commissioners are emppwered to make 
such amendments in the schedules as snail be rendened 
necessary bv events that have happened, or the lapse 
of time m the interval. (Sect. 29). 

The commissioners are empowered to hear o^d deter- 
mine suite and differences respecting manorial rights^ 
(except rights to mines), twenty days' notice of the 
intenuon so to proceed being given to the parties in- 
terested, and on whom their decision shall be bindings 
isect. 39), subject to an appeal to a court of law by 
eigned issue, or on a case stated, in any case where the 
yearly value in question exceeds 20/. (Sect. ^)* The 
commissioners ore also clothed with ample powers for 
requiring the attendance of witnesses, examining tb«m 
on oath, and calling for the production of papers and 
other documented (Sect. 43). 

Schedule of ApportionmeiU.]—A^W the valnatuuDS 
and apportionmente of the valuers have undeigone this 
examination and correction, the commissioners are to 
proceed to frame from them their own ** schedule of 
apportionment." (Sect. 31). In this document, whidi 
forms the final adjustment of the commutetion, Are le* 
quired to be inserted the following particulars:^- 

1. The name, description, and quantity of the Jand^ 
included in the commutation. 

2. The names and description of the proprietors. 

3. The names and descriptions of the occupiers. 

4. The amount of the rent-chaiges apportioned on 
the several lands, and Hie periods when tney are pay*- 
able, and the nominal fine reserved in respect of each 
tenement ; or the amount of the fine on death or aliena- 
tion, where that is the form of tlie oonaidemtion for the 
commutation. 

5. The person to whom, and under what title, iho 
pQyufOBvs are to oe ZBane. 

0. Other «rAen and 4tr«eti<nu in currying ihe com'< 
4 



THE JURIST. 



17 



mniaikii into effect, which will include directions for 
defenu^ Hie commencement of the rent-ehargesy or for 
tiielr increaao or diminution in certain erents set forth 
in ike achedale. (Sect 97). 

Am soon as the schedule of apportionment is made, a 
papy ef it is to be deposited with the steward in some 
i IB or near the manor, when it will remain for in- 
L by parties intorested, for such a length of tine 
the cioinmiwionini shall direct. Daring this time 
of cnran in the schedule may be sent to the 
stswand; and, at the end of the time, he is to return it 
to the ooiMnlwrfonew, together with such notices as he 
disfl hare received, and a statement of any errors he 
may hvre discovered. The commissioners are then to 
in^inre into the alleged errors and rectify them, if 
necasBBxy. (Sect. 32). 

Bsfbie the commisdoners proceed to ratify a commu- 
te^iQiiy vti in any Biag^ of the proceedings between the 
agnbas ef ihe sigreeme^t and uxe final confirmation of 
aeirlsdule of ajyortiooment^ the eommisaoaeis may 
Jicyiit aoti^o to be given to penona ioteroBted in xe- 
asadsr, nvwsioii, and ezpeotanoy, and hear and de- 
twmina o^eotiMis to the terms of the oommiitati<m on 
Hatjmi of snch peisona. (Sect. 94). 

ftiesehediile, being now considered complete, is to be 
e og roaaed, and the commistioners are to annex to it any 
docaaioits or maps requisite for its elucidation. They 
nffl tiken confirm the schedule of apportionment, by 
m^BSig and aeaiixig it, and adding the date of the con- 
§m&u. (Soot. p2). 

Iha commutation is thus brought to a conclusion. 
JBvtofvn after the confirmation, the commissionerB have 
itiU (ho poirer of oonocting any manifest error in it, 
with the oonaont of all parties whose intensts are 
^belad. (Soot 85). 

Two oopiea of nie confirmed schedule of apportion- 
ttWtOBd doooments annexed, fire to be made under the 
sedsfHie conuniBaioneTs; and one copy deposited and 
Irepl wkh the court rolls of the manor, and the other in 
the hands of the clerk of the peace : and notification of 
thdr bea^ so d^sited Ib to be given by advertisement, 
or otherwiaoy as toe commissioners shall direct. (S. 35). 

The zeponbed inquiries and deliberate investigation 
for whkh. iho preoraing process so well provides, is cal- 
cwlaM to iooBre, that no party, whoae interests may 
be affected, ^lall be taken oy surprise, or be deprived 
<^the opporinnitv of canvassing tne terms of the com- 
mutation; that duo regard shall be paid to existing 
rights and expectssit interests, and tnat the peculiar 
^inMaataBoo cSfeaeh individual case be carefully and at- 
tentively considered. But it may be possible, in many 
esses, eren where the commutation extends over a 
wbdo manor, to s&ve mw^ of the expense, time, and 
^roid»le reqwed to complete this mode of commutation. 
B^ hideed, not more than three-fourths of the tenants 
in nmnbcar and value can anee upon the terms of the 
coamutation^ the oourse ofproceedinff or^inating in a 
aMnwial neeting, and passing through the steps above 
jfMTJhfd^ Affords the only means of accomplishing the 



Buty if all the tenants of a manor are unani 
JMa% ibe tranaaotion will then assume the form of a 
volowtaiy cQBunutaftion^ which requires no previous 
JBaetiag to give it validity. And, as suggested by the 
ooauBiaBioiiera in their instructions, if, in snch a case, 
all the tenants^ having settled with the lord die entire 
coMid cratkm to be given to him, can arranre among 
tbemselvea, or can trust a valuer to fix for tnem, the 
portions to be contributed by each, they may embody 
the distiibution of the gross sum in a schedule of ap- 
pottioament tiiat may be annexed to and form part of 
their agreement; and it will be unnecessary to gOi 
I sdl the processes of investigation provided &r 
mmants, in the case of manorial (or com- 
ir)Mnswtitioiif. B. 

(fV At vonltaae^ 



lionlron CSaHttes. 

TUESDAY, Jahuart 18« 
BANKRUPTS. 
GEORGE BISHOP, St. Mary Axe, merchant, ihip and ub* 
Buruice broker, Feb. 1 and March 1 at 12, Court of Bankr 
rupkj: Off. ass. Turquand; Sols. Swain & Co.,f roderick'a- 
place, Old Jewry.— Fiat dated Jan. 15. 
JOHN BURNIE, Tokenbouse-yaid, merchant, Feb. 4 at 9 
and March 1 at 1 1, Court of Bankruptcy : Off. ass. Edwards;; 
Sols. Watoon & Co., Tokenhoase-yard.— Fiat dated Jan. a. 
CHARLES GARRARD ENGUSH, York-place, VanxhalU 
bridge-road, hotel keeper, Feb. 1 at ^ and March 1 at 11, 
Court of Bankruptcy: Off. ass. Graham; Sol. Wathen, 47, 
Bedford-square. — Fiat dated Jan. 13. 
BENJAMIN BRADSHAW and GEORGE RICHABJD. 
SON, Wortley.lane, near Jiceds, canvass mannfacturecs and 
merchants, Jan. 25 and March 1 at 2, ComaussioQen'- 
rooms, Leeds: Sols. Knappqr & Woodbright, Iiver|iool; 
Payne & Co., Leeds} Armstrong, Staple-iDD.— Fiat dated 
Jan. 18. 
ROBERT CLOUGH «id BARTHOLOM^TVr MAZIERE 
GALAN, Ponlton-cpm-Seacombe, Chester, alkaU manufiMf 
tnrers, Feb. 1 and March 1 at 1, Clareodon-ffoeaBs, Liver- 
pool: Sol. Davenport & Co., liverpools Chester ^ Toulmm, 
II, Stapie-inn.— Fiat dated Jan. 5. 
FRANCIS WILUAM HARTLEY, HaU&x, chymist and 
druggist, Jan. 28 at 12 and Mardi I at 2, White Lion Ivi, 
HaliAm: Sols. Hitchin& Looadak, Halilazi Jaqoeslc Co^ 
8, Ely.plaoe, Holbom.— Fiat dated Dec. 20. 
THOMAS BUCKLE, Bamaid Castle, Daiham. dnper aad 
mercer, Jan. 27 and March I at II, Waterloo Inn, Barnaul 
Castle: Sols. Jaokson&Hewitsoa,Kirby Stephen; Barnes, 
Barnard Castle.— Fiat dated Jan. 8. 
THOMAS GIDDEN, Farringdon. Berkshire, licensed vie* 
tnaller, Jan. 31 and March I at II, Bell Inn, Swindon, 
Wilts: Sol. Branaoomb, I, Wine-office-oourt, ^eet-atreet. 
—Fiat dated Jan. 12. 
ROBERT PARISH BUSK, Hunalet, Leeds, machine maker, 
Feb. 4 at 10 and March 1 at 12, Commissioners' -rooms, 
Leeds: Sols. Blackburn, Leeds; Walker, Furnival's-inn.-* 
Fiat dated Jan. 10. 
JOHN EDMUND HALL and HENRY TOONE, Netting, 
ham, lace manufacturers, Jan. 27 and March 1 at 12, George 
the Fourth Inn, Nottingham: Sols. W.& S. Parsons, Not- 
tingham; Yallop, 8, Fumival's-inn. — Fiat dated Jan. 4. 
HENRY SUNDERLAND and GEORGE WRIGGE, Had- 
deraiield, and Stainland, Halifax, Yorkshire, dealers in cot- 
ton warps, Feb. 4 at 12 and March I at 10, White Swan 
Inn, Hnddersfield: Sols. Barker & En^nd, flnddersfield; 
Lever, 10, King's-road, Bedford-row. — Flat dated Jan. 13. 
GEORGE CHADWICK, Heywood, Lancashire, publiean, 
Feb. 7 and Mardi 1 at 2, Commissionera'-rooms, Manches- 
ter: Sols. Upton, Manebester; Hill & Madiews, Bnry-ct., 
St. Mary Axe.— -Fiat dated Jan. 6. 
JONAS HENRY ROBBERDS, Norwich, and STARLING 
DAY, Soutbtown, Little Yarmouth, Suffolk, and Tarerham, 
Norfolk, paper makers, Feb. 1 and Mareb 1 at II, Foster ft 
Co.'s, Norwich: Sols. Foster &Co., Nonrioh; ShwpeftCo., 
41, Bedford^row.— Fiat dated Jan. 13. 

MasTiKOs. 
Jai, Hayward and R, H, Moore, Paternoster-row, book- 
sellers, Feb. 9 at 12, Court of Bankruptcy, pr. d. sep. est. /. 
Hayward. — /. Senior t Liverpool, iron merchant, Jan. 29 at 1 , 
Clarendon-rooms, LiTerpool, pr. d. — M. ff. L, G, Othtaghi. 
Cockspur-st., Pall-mall, print-seller, Feb. I at half-past 12, 
Court of Bankruptcy, ch. ass. — /. G. ShacMety Kingston- 
upon-HuIt, linen draper, Feb. 23 at II, George Inn, Kings- 
ton-upon-Hull, ch. ass.*-/. Wright, Macclesfield, Cheshire, 
bookseller, Feb. 10 at II, Commissioners' -rooms, Manchester, 
sp. affairs.— /><iouf Hemnay, Cayendish-sq., bsnker, Jan. 31 
at II, Court of Bankniptcy, last ex. — A. Lawrier and Jo9, 
Lock, Wood-st., importers of foreign goods, Feb. 1 at 2, 
Court of Bankruptcy, last ex. — Wm, Reynolds, Breightmet, 
Lancashire, cotton spinner, Feb. 18 at 11, Swan Inn, Bolton- 
le-Moors, last ex. — Theophilta Gamavf, Fetter-lane, whole- 
sale furrier, Feb. 10 at 12, Court of Bankruptcy, and. ac.-^ 
Ebeneser Bayhf, Exeter, Deronshire, straw bonnet dealer, 
F*. 10 at 1» Court of Baakmptcy, and. ac—JW/. 8wmM» 



18 



THE JURIST. 



hormtgh, Grinubjr, LincoliiBliire, and Henry Oake, Ringwood, 
Soathamptou, WBrehousemen, Feb. 8 at 2, Court of Bank- 
ruptcy, and. ac. lep. est. R, Sw€ttuborough.^Robi. Chiher^ 
Ipawich, Soffolk, upholsterer, Feb. 9 at U, Court of Bank- 
nxptey, and. ac.— /oA» Peirce, Bedford, tailor, Feb. 9 at 11, 
Court of Bankmptej, and. ae. — Joseph White, East Cowes, 
Isle of Wb^ht, Southampton, ship builder, Feb. 10 at 12, 
Fountain Hotel, West Cowes, and. tuc.—Robt. Hodymm, 
Leeds, Yorkshire, merchant, Feb. 10 at 11, Commissioners'- 
rooms, Leeds, and. ae. — 7*. Snowdon, North Shields, Northum- 
berlsnd, groeer, Feb. 10 at 11, Bankrupt Commission-room, 
Newcastle-upon-Tjne, and. ac. — Chrit, Pope, Gloucester, 
near Bristol, copper manufacturer, Feb. 10 at 12, Commer- 
dal-rooms, Bristol, and. ac. ; Feb. 11 at 12, div.— ^m. P, 
JSeardimon, John Weston, andlZtcA. JftircA, Wood-st., ware- 
housemen, Feb. 10 at half-past 11, Court of Bankruptcy, fin. 
dir. joint and sep. est. — Jae, Tatham, CasUe-st., City-road, 
Finsbury, rectifying distiller, Feb. 10 at half-past 12, Court of 
Bankruptcy, fin. div.— ITm. Walker and John Walker, St 
John's-sq., Clerkenwell, and Manchester, manufeoturers of 
apparatus for heating buildings, Feb. 8 at 12, Court of Bank- 
ruptcy, dir. Sep. est. Wm, Walker, — R. BuekeU, Newport, 
life of Wight, merchant, Feb. 9 at 12, Bugle Inn, Newport, 
and. ac.; at 1, diY. — John Ramehay, Bradford, Yorkshire, 
grocer, Feb. 22 at 2, Commissioners' -rooms, Leeds, aud. ac. ; 
nt 3, dlT.— ITm. Bvelrfaiui, ^Light, Bremiiham, Wiltshire, 
tanner, Feb. 9 at 12, Angel Inn, Chippenham, and. ac. ; at 1, 
diT. — Thioe, Wormian, Burbage, Leicestershire, hosier, Feb. 
10 at 12, Caide of Leicester, Leicester, aud. ac. ; at 1, dlT.— 
JoM. Irvin§ and Thos, Bomber, Preston, Lancashire, wine 
merchants, Feb. 9 at 11, Town-hall, Preston, aud. ac. ; at 12, 
dW.— T^lomtft Brazendale, Preston, Lancashire, coach builder, 
Feb. 9 at 11, Town-hall, Preston, and. ac. ; at 12, diT.— /os. 
JopUny, Newoastle-upon-Tyne, Unen draper, Feb. 10 at 1, 
Buikmpt Commissioners'-rooms, Newcastle-upon-Tyne, aud. 
MB.; at 2, fin. div. 

CBRTI7ICATB8 TO BB ALLOWBD, 

Unleu Camee shewn to the contrary, on or before Feb, 8. 

Robt. Thoe. Latham, Ando?er, Southampton, suigeon.— 
Wm, Penmnyton, Marple, Cheshire, grocer.— 2%©*. Parker, 
Tooley-st., Sonthwark, victualler, — W. Horatio Potter, Gar- 
lick-ldll, wholesale druggist. 

Scotch SBavBSTBATiONS. 

Ales, Gibson, Glasgow, tavern keeper. — Alex. Johnston, 
Glasgow, straw hat manufacturer. — Andrew Lamont, Sanqu- 
har, Dumfrieshire, spirit dealer.— Danie/ Sharp, Greenock, 
merchant* 

INSOLVENT DEBTORS. 

Saturday, January 15, 1842. 

Thefaihmimy Assignees have been appointed. Further Par* 

Oculars may be learned at the OJlee, in Portuyal'St.f Lin* 

c^n^S'hm'fields, on gieing the Number qfthe Case, 
Rebecca Ann Nichols, Lewisham, Kent, baker. No. 
52,18& T. ; Ed. Lambert, assignee.— y. Musyrove, Stanwiz, 
near Carlisfe, Cumberland, labourer, No. 57,51.3 C. ; Hugh 
Fktrickaon, assignee. — James Vouny, Poole, carpenter. No. 
58,094 C. ; Charles West, assignee.—/. Tweddell, Stockton- 
npon-Teea, Durham, attorney at law, No. 56,757 C. ; Robert 
Calms Nesbitt and Christopher BramweU, assignees. 
ThefoUowiny Prisoners are ordered to be brought b^ore the 
Court, in Portuyat-st., on Tuesday, Feb. 8 at 9. 

Riehard Carpenter, Paddington-green, Paddington, fore- 
man to an omnious-master. — John C. Savory, Brewer-street, 
Somers'-town, baker.— jE<f. Hen. Tomlin, Chelsea-market, 
Ix>wer Sloane-street, labourer. — Danl. Bumell, Houndsditch, 
baker. — J, Chas. North, Baukside, South wark, paviour.— /. 
Cannon, Lore-lane, Eastcheap, fishmonger. — Wm, Walton, 
Sabfe-street, New North-road, Islington, out of business.— T. 
Geo, Cox, Old Brentford, shoemaker. — Henry J. Prockter, 
Great Smith-st., Westminster, surgical instrument maker. — 
Wm. W, Groves, Cambridge-street, Golden-square, hat- 
maker. — Wm, G, Liddaman, High-street, Kensington, shop- 
man to a pawnbroker. — William Edmeadet, Walbrook, piano- 
forte manufacturer. — Matthew Chopping, Upper-str^t, Is- 
lington, foncy stationer. — Jos. J.Haynes, Twickenham, omni- 
bus coachman. — Hen, Webbf Plaztol, near Sevenoaks, grocers' 



Feb, 10, at the same hour and place, 
Henry Brayne, Manor-street, Ciapbam-road, out of buM- 
wom.^BUa8 Hermmtus Smalkalden, CbisweU-it.! Fiq^bury^ 



sq., diamond eommissaon-agent.— l^sileWci^-^oqMrt.Liisoik- 
grove, pastry-cook. — Wm, Dodd, Rupert-street, Haymarket, 
saddler.— Jof. Kenny, Red Lion, White Horse-alley, Cow 
Cross-street, West Smithfidd, licensed Yictaaller.— /. Shill, 
Shoemaker-row, Doctors' -commons, tripe-dealer. — James 
Smart, Diamond-row, Southampton-row, CamberweD, raer. 
chant's dark.— /w. Scott, Little Distaff-lane, Doetors'-eom. 
mons, manufacturing chymist.— /. Gathereole, Catherine-at, 
Strand, and Portpool-lane, Gray's Inn-lane, eompoaitor. — W, 
G, TUy, EarUst., Westminster, baker.— riker. FMer. Ckis- 
well-street, carpenter. — Chas, Watliny, Dorset-street, Man- 
chester-square, out of bnsuiess.— Osorye Ttomporif CorawsU- 
nboe, HoUoway, butcher.— FTm. Cole, Paddington-stveet, St. 
Marylebone, baker. 

Court-house, Wakbfibld, Yorkshire, Feb, 9 at 10. 

Thomas Lobley, Cinder-hill. Mosley, near Leeds, wheel- 
wright.— rAor. Thornton, Eccleshall, near Bradford, wool- 
sorter. — Jas, lAeter, Halifax, currier.— VTm. Hartley, Bowl, 
ing, near Bradford, loom moulder. — Jamee BHgys, BradfM, 
innkeeper.— Ora. Firth, Birstall, near Leeds, shoemaker.— 
Wm, Smith, Halifhx, upholsterer.— ^Ar«m Bradbury, HsK- 
fkx, taik>r.— ITm. Briggs, Barkdoucfa, near Halifitt, biMk. 
smith.— ^oAfi Smith, Wariey, near HaUfiu, wool deakr.^it 
Ingham, Upper Stoodley, Lu^ffield, near Halifos, ool of busi- 
ness.— ITin. Smith, Halifin, grocer.— /09. IFr^iU, Thome's, 
lone, near Wakefieki, joiner.— OMUiiie/ SwOd^e^ HaUffaa, 
out of business. 

Feb, 10, of the same hour and place, 

James Foottit, Sheffield, attorney at law.— /oAn Robinton, 
Leeds, out of business. — Wm, Murgatroyd, Wibsey, nesr 
Bradford, out of business. — J, Brown, Boroughbridge, cabi- 
net-maker.— /at. Hall, Manningham, out of business.— /o»A. 
Suyden, Kirkburton, near Huddertfidd, salesman. — FVanetf 
Calvert, Dewdiury, out of business.— ITm. Ward, Masbro', 
near Rotherham, out of business. — EUiabeth Iiowarth,wl6om, 
Flockton, out of business.— Vrin./aci«oii, Ilkley, near Otley, 
labourer. — Joseph Yelland, jun., Dalton Magna, RoiherliasB, 
oordwainer. — Thomas Greenwood, Leeds, out of basiness.— 
Wriyht Whitwmn, Golcar, near Hnddersfield, irtemr.^Jas, 
Cockcrqft, Manningham, near Bradfbrd, dealer in butter.— J. 
Rawnsley, Bradford, stone-mason.- ifor^m Firth, Man- 
ningham, stone-mason. 

Insoltbnt Dbbtohs' Ditidbnob. 

Edmund Stone, Warmley, Gloucestershire, victualler, Jan. 
19, Pellin's, Bristol : Is. O^d, in the pound.— /Tenyy dough, 
Bradford, Yorkshire, currier, Jan. 25, HorsfUl & Harrison's, 
Leeds : lOd, in the pound.— /st. Hamilton, dUef mate m the 
Bast India Company's Serrice, Jan. 19, Chapman's, dueeii* 
street, Cheapside : fi». in the pound. 

FRIDAY* JAznTART 21. 
DECLARATIONS OF INSOLVENCY. 

WILLIAM HENRY WELLS, GoUswortby-pboe, B«th«. 
hithe, Surrey, builder and bricklayer. 

EDWARD MALLAN, Gt. RusseU-st., Bloomsbory, dentiiU 
BANKRUPTS. 

JOHN MAIDLOW, Fetter-lane, builder, Jan. 28 andMaieh 
4 at half-past 11, Court of Bankruptcy: Off. Asa. Whit- 
more ; Sols. Rhodes & Co., 63, Chanoery-lane.— Fiat dated 
Jan. 20. 

JOSEPH SCOTT and HENRY COKER, Wood-st, Cheap- 
side, woollen warehousemen, Feb. 4 at 1, and March 4 at IZ, 
Court of Bankruptcy : Off. Ass. Whitmore ; Sols. Tomer 
& Hensman, Basing-lane, Cheapside. — Fiat dated Jan. 5. 

CHARLES SAMUEL EVANS, ComhOI, and Hammer- 
smith, master mariner and merchant, Jan. 28 at 11, and 
March 4 at 12, Court of Bankruptcy: Off. Aas. Pennell; 
Sols. Lawrence & Blenkame, 32, Buddersburj.— Fiat dated 
Jan. 19. 

CHARLES DOD and HENRY BENT, Riches-ot., lime. 
St., ship brokers, Jan. 26 at 2, and March 4 at 11, Court of 
Bankruptcy: Off. Ass. Johnson; Sol. Tonne, William-sU 
Belgraye-sq.— Fiat dated Dec. 21, 1841. 

WILLIAM YOUNG, Mildford-nurserr, near Godalming, 
Surrey, nurseryman and seedsman, Feb, 2 at 1, and Marek 
4 at 12, Court of Bankruptcy : Off. Ass. Lackington; Sols. 
Bolton & Merriman, Austin-friars. — Fiat dated Jan. 18. 

MARK FOTHERGILL and MICHAEL FOTHEROILL, 
Upper Thamea-st, drysdters, Feb. 5 at half-past 1, and 
March 4 at II, Court of BanknipCey : Off. An. Bdwaidi; 
SoLCatUin, 39, Ely-p]a9e.**]nitd«ted Jan 20, 



THE JURIST. 



19 



MCH^ASf mnttSY, WUtiUHilM, KMrtUh-toim, til. 

m itMiHii, In. 89«t 2» and Mmh4alU, Court of 

BmkntfttBft OCAm. Groom; Sol. Statlmg, LeiooitoMq. 

^IktioMJaull. 

JC^EPH SMITH NBEDHAM,U]leoaiorpo,LeiooilonMre, 

Bonkor, brewer, coal and timber merduat, Feb. 11 and 

Xaith 4 at 12, Cattle of Leicester, Ldoeiter : Sols. Kem- 

Jtrris, HinckteT; Grabam, 17, Ifonmo&cer-lane.^nat 

4a>od J«ul8. 

rtRR LEICESTER, LooggSa^t, near Mandiester, slate 

aartb antt Jan. 21 and Mar«£ 4 at 1, Clarendon-rooms, 

Lhecpool: Sols, fletober ft Hnll, Llrerpool; Cotterill, 

tVD^BQftOB-«t — ^ffat dated Jan. 12. 

GEOBGB 0019BN BROWN, Sheffield, timber merebnt. 

Ml. fat 12, and Mareh 4 at 2, IWn-ball, Sheffield : Sols. 

Smttb dt Hinde, Sheffield ; Atkinson ft Pilgrfan, Qrardi-ct., 

liSdftHT. — K«l dated Jan. 17. 

GttAmLBB SANDERSON. SheffiiM, file and fiyrte-mann- 

ffirtima. Kb. 4 aad Mareh 4 at 12, Town-bdl, Sbeffidd: 

fc Jcrvis, fiMHeldt Rodgers, 87> Kbig-it., 

^Bt dated Dee. 28, lt41. 

MasniHia. 

I and /. Pm'keTf Grove, SonAwark, iax 

, Feb. 4 at baif-paSt 11, Conrt of Bankraptey* pr. d. 

" Jbi n CMV, HaaMfd, near Wllmsloir, Cheshire, ttetaifier, 

ftbw t9 ait S, Oomaoisaioners * •rooms, Manehestor, eh. ass.— 

2l«w Jb if ns ow , LeadenbaB^st., taBow-merehaift, Jan. 26 at 

l.CMft ef Bankr«|ytoy, hat ol.^A. Wise, Ford-hoose, Wol- 

bsie^ iVieAolaa Baiter, Newton Bnshel, Higbwick, and IT. 

B, lMto0,TootDess, I>eTonshbe, hankers, Feb. 14 at 12, Cla- 

icflee Hstal, Bzeter, nat ex.— 7!Ao9. J'efers, Cambridge, tailor, 

B*. II at 11, Red lion Inn, Cambridge, last tOi.-^Samwi 



fknnenetshire, elotider, Feb. S at 10, George 
i Selwood, Uttt ex.— TAor. J^r»«y, JUcAofid Loe, 
aai ^aa. £01^, Fortsmontb, bankers, Mardi 2 at 1, Geoi^ga 
Ibb, TiifliBiiiMrtb;, iast«K. ; April IS at 1, and. ae. ; at 3, dit. 
— »jr« raam ■■» Cutl0r«.st., Honndsditeh, gUai-mefchant, Jan. 
n «t 11, WaMrioo-raoras, Bktningbam. pr. d.— -TAor. jBa^e, 
flUMflun, KiniiBre, BtaTordsUre, fimber derier, Jan. 25 at 1, 
RMk Eana iim, Kiddanninater, hist ex.— E. S. G. Mknk- 
ibassinllf. A, Gomatm, Ctty^ of London, merdiantB, Feb. 3 
sthalf-psMll, Coart of Bankmptej, and. ac.— /oAn ffaU 
tad Sml. Vmeemit St. Mary-axe, wholesde tea and coffee 
l i ii li ii i , Feb. 15 at 11, Coart of Bankroptcy, and. ac. and dir. 
— )te. MarrU and lUeh, NichoUon, Barton-npon-H umber, 
laneohabire, bankers, Feb. 14 at 11, Court of Bankruptcy, 
itoa. ac joint est. ; at 12, and. ac. sep. est. Thomat MarriMt 
at ly and. ac sep. est. Siehard Nicholitm, — Edward Ber- 
wari BoOamd, Manchester, and^ Atherton, near Leigh, Lan- 
cmfaire, poiver-loom-mannihctarar of eaUcoea, F^b. 24 at 11, 
ComnfaMmncn •iwonss, Manmester, and. ae. ; at 12, drr.^— y. 
Ji i ii , WeuJlands, Blagdon, Somersetddre, scrirener, Feb. 
U at 12, Mid* ae. s Feb. 15 at 12, div.— JiMnet Ta^hr, M«i- 
^BilBa» bnA-aMkar, Feb. 14 at 10, Coaunissiofters'-raoma, 
Maaii i rsfwr, aid. «c.-->/. Orean and Wm. Grem, Wetherby, 
toikafaire, timber-merchants, Feb. 15 at 11, GnildhaH, York, 
<sd, a a < - M at i . Phelpt, Tewkesbury, Gkmoesterrihife, sari- 
tapir* M». 14 at 12* tiwan Inn, Tewkeabnry, and. ac. — 7%or. 
Beff CbrrWAcra, Dowgate-haU, wbotesale cheesemonger, Feb. 
UatMfHBaat 11, Court of Bankruptcy, fin. div.— ^aimt»a/ 
%a, mn. Sandys, and Mannibai Sandy, jun., Cnme* 
, Flaet-atftet, seriveners, Feb. 11 at 12, Conrt of Bank* 
sep^ cat. Bamikal Saadya.^^okm SUaaait, 
OloocestersliiiiB, shoe-manufacturer, Feb. 14 at 
I9 Royil Hotel, Cheltenham, and. ac. ; at 10, ^rst and fin. 
dlr^^E^ Beofteir, Nottmgham, draper, Feb. 14 at 11, 
Gmifa tba Fowth inn, Nottingham, and. ac. ; at 1, diy.— 
As. WiM PikHber, Grabble, Ri?er, Kent, miller, Mardi 30 
St 12, flhakapoeie Hotel, Dover, and. ac. and div. — Ckarha 
Onaa and Bar n a rd J^famii, Colcbester, £nez, merchants, 
FWb. 11 at 11, Thrse Cups Hotel, Cokihester, aud. ao. ; at 
It, dlv«— ^as. Jaekaam, Romsey Extra, Sovtbampton, sfaite- 
merdiant, Feb. 15 at 12, White Hone Inn, Romaey Inft«, 
ana.ae.( at 1, dlr.— JoAn Skew, Doboroes, witiiin Saddle- 
bortb^ Tockahire, wooDen manitfactnier, Feb. 11 at 4, Com- 
aMBDBan'-fooma, Mancheater, and. ac. ; at 3, div. — Ed- 
itmad EaAfon, Shnttleworth, Bury, Lancashire, and Manches- 
ter, cotfeon-^[»Bner, Feb. 14 at 10, Commissionens'-ropms, 
pr. d.; at 11, and. ac. and div.— Geo. Barrett, 
i Ecaleafield, Yorkshire, oattlcdealsr, Feb. 14, 
^ ~ ', md, bct s at 1, tint and fi». ^^^W^ 



Mala, BaA, aorfvener, Feb. 14 at 11, Ciiiie and Bdl H«tf» 
Bal;b,fti.dir. 

CnvifvioAfma to n allmtb*, 

UtUaaa Oamaa akaam ia tka aaatra rp t am at b^kra Fak* 11« 

Jaka fUher, Fnndsbnry, Kent, milief.— 19^/lteai ATcwflfl, 
jmi., Manchester, grocer .-^«r. J^b^JI Lawndea, ManeheHBr, 
wine and porter merchant.— /oAn Gaorffe Bowlay, Hatton- 
garden, Holbom, bookbinder.— TTm. Jones and Jot. BHmm- 
mg Wmdle, liTerpool, wine-merehants.<^Hefirf T^lamas fK 
Kerr, John Haarjf Btmffkan, and Tkat. 7\ayia ifmast , Snf- 
folk-at, Pall-maU East, army-agenta.— T^los. JRseoes, Wbis- 
tenea, ClaineB» Woraester, ooadi-bnilder. — Jamas Pakmar^ 
WfaiteovDss-st., earpenter.— Xey«r lUehard Beaie^ Marshali- 
st*» OoUen-sq., St. Janes, Westminster, packer and piesair* 
ScoTca Ss^oBSTnATioiia. 

Jm, Gardmar, Glasgow, porfnmer.*-/. CbfsnAoim, Airdcie» 
spirlt-dealer.— /. and /. Fiahar, Spnngbank, NeOaton, bleaab* 
taa^—»AUx. Raid and Ob., Glasgow, woolHocachan ts. J aaaf k 
Hmniar, Leitb, 8sil.4naker.— ^. MarfaHmm, F^rfoy, shawl* 
manniiMtnrer.>-Jflf. Saiar^ }nn., Ittveness, wbifr^narobaBt. 
--JdJbi FSndiay, dooeased, Bridge of Weir, Ranfirewsfafise^ 
cotton-spinner. 

INSOLYENT DEBTORS. 

ThefoUoanng Priaanara ara ardered to be bro«$ht up b^f^e 

the Court, in Portugai-at., on Friday^ Feb, II ai 9. 

John Layfield^ Oxford-st, oat of bnsiness.— Jean Baptisla 
CharUa Pona, Old Bond-st., assistant to a milUner. — Jameu 
Auguatine Greenland, Royal-place, Greenwich^ out of baai- 
ness. — Ed, B, Templeton^ Great Russell-street, Bloomsbury, 
gentleman.-^iZtcAd. Nnraey, Wbitehall-piaoe, Kentish-town, 
tallow-chandler. — Wm* Daniel Laoell, Myddelton-st., Cleric* 
enwell, gold beater.— TToi. Lee, Old Flsh-st., Doctors' -com- 
mons, smith. — T%08, Taylor, Golden Cross Tap Public-house, 
Charing-cross, out of business. — John Joeaba, GosweIl<rfstreet, 
fhrrier.— T^omirtiZmardffoit, Manor-place, Wdworth, mef- 
dsant's-derk. — Martha Allen, widow, Upper Mitobam, out 
of business.*-* JbAn Pefehey, Whitechapel-road, green-grooer. 
-^Jbhn €faoper. Union -street, Sonthwaric, licensed Tietneller. 
— Tho$, Sartain, jun.. Holt, near Melksham, Wiltshire, and 
Skinner-street, London, agent for the sale of sheep. — Charlea 
(hmltan, Union-st., Borongh, and Morris's^plaoo, SovtiiwnrtL- 
bridge-road, Surrey, anctioneer. 

4 at mttrTuaJt 

f^ancia Hill, MoUneuz-street, Bryanstone-sq., fentloman. 
Feb. 14, at the aame hour and place. 

Isaac Fiaher, Surrey-pL, Old Kent-rd., veterinary auTgeon. 
— ^en. Leopold Cavalier, Bartlett's-buildiags, Holbom, glass 
dealer. — Jamae Lewis Becker, Tine-oottage, York-buildungs, 
Charlton-8t, Somers'-town, steel plate worker .~V. Gamiae, 
Foley-st., Fitxroy-sq., tailor. — Robert Saaory, sen., Prinoes- 
sqnare, RatcUffe-highway, out of business. — James Tb^or, Ot. 
St. Andrew-street, Seren-dials, coach smith. — Edward Webb 
Hardy, Maixe-htll-cottages, attorney at law.— f^ Revafend 
Lionel SuBar, Mitcbam, olerk.-^Seary Gaa. Beharse, Little 
George-street, Bermondsey, tarpauling maker. — J. Walker^ 
King-strset, Camden-town, jonmeyman baker.-^JM* Jioweid, 
DcTonshire-street, fishmonger. — John Las/key ^ Pritaces-street, 
Reitherhithe, tailor. 

Court'honae, Wakkfislo, TofHtsMre, Fab. 11 aif 10. 

James Grimshaw, High Town, near Leeds, innkeeper.-^ 
John Arthington, liceds, out of business.— -ittcfiotid Bragg, 
Moriey, near Leeds, shopkeeper. — John Haste, Hunslet, nesr 
Leeds, out of business. — John Rhodes, Adwalton, near Leeds, 
medieid student. — T. Clnderay, Vicar's-croft, Leeds, eating- 
housekeeper.— Jo'An Best, Camp-field, near Leeds, striker in a 
taroiiry.^^Robert Bussey, Leeds, plasterer. — Geo. Marwood, 
Potter Newton, near Leeds, stone delver. — A. Bateson, Hors- 
fisrth, near Leeds, plumber. — William Butterworth, Mosley, 
near Leeds, cloth manufacturer.— Jb^n Clegg, jun., Batley, 
near Dewsbury, dealer in woollen rags. — 7%os. Myers, Darley, 
near Ripley, labourer.— JoAn Cropper, Rotherham, taflor.-*- 
George Pollard, Carlinghow, near Dewsbury, blanket manu- 
facturer. — Stephen Strand, Cullingworth, near Bradford, 
journeyman wheelwright. — John Metea(fe, Halilax, hay dealer. 
Feb. 12, at the same hour and place. 

George Eamshaw, Upperthrong, Holmfirth, near Hndden- 
field, blacksmith.— CAoWex Hampshire, Dewsbury, rag dealer. 
-^ohn Showsmith, Ilkley, near Otley, Leeds, shoemaker.— 
John Miabtnaon, Howorth, near Bradlorn, eca tteaier.^*" w^iw. 
Wileoei, ThomhiU, near, Dewsbury, beer seller.— J. WMt, 



90 



THE JURIST. 



Ifi^town, near Leedi, shopkeeper. — T^lor. Wood, jmi., Sed-' 
dklwortfa, Hnddenfield, menhmL'^Tkomai Seoit, Selby,sail 
maker. — BeiiiiamH Mead, Manningham, near Bradford, oat of 
biiaiiieM.-*Voihi Bl^ieie^, Batlej, nearDewsbury, dothier.-^ 
Jokn MotUjf, Wakefield, oonfectioner.— JStfm. Hordjf, Kirk- 
burton* near Hudderafield, innkeeper. — Bob* Lockwood, Kim- 
terworth, wheelwright. — Htn, Walker, Halifiu, stone mason. 
— Ckariet Jtidail, Sheffield, commission agent.— £. BradUy, 
Hnddenfield, oat of bosiness. 

A6. 14, €t ike tamo kour and place. 

GeoTffe Imcom, Leeds, hair dresser. — George White, Leeds, 
grocer.— /mm Wardt WindhiU, near Sale, batcher.— /oAn 
Parr, Batlej, near Dewsbory, weaver. — WiUiam Powell, 
Wetherby, fiurner.— Stemee/ Swaine, Shipley, near Bradford, 
waste dealer. — John Parker, Leeds, tea dealer.— iS'am. Hop^ 
hineon, Sheepridge, near Haddersfleld, out of business. — Bet^. 
Jfiret, Hudd(Brsfield, out of business.— Iforifr Yeardley, Pot- 
terhill, carter.— fFiZ/tafii Coekell, Wakefield, grocer.— ^imry 
Oreen, Bradford, watch maker.— JbAn Hindle, Thornton, near 
Bradford, stuff manu&cturer. — Samuel Lewie, Golcar, near 
Huddersfield, woollen manufacturer.— 7%ot. Donnelly, Shef- 
field, beer seller.— /ofiT^A Mitchell, Selby, cooper. 

Court'honee, Rbadino, Berkshire, Feb, 14 at 10. 

Jamee FUher, Abingdon, sacking manufacturer. — Bobert 
Beeve Smyth, Farringdon, attorney's clerk. — Thomas Mace, 
Reading, gun maker. — Nath, Treaeure, Reading, shoemaker. 
— Jamee Clifton, MiUtary Barracks-street, near Windsor, yic- 
tualler. — Thomas Quarm, Cavalry Barracks, Spittal, Clewer, 
near Windsor, Tictualler.— /. Abdale, Newbury, hair dresser. 
— fiiirm. Mqfatt Preece, Cookham, undertaker. — J. Walters, 
Readmg, brewer. — Francis Wale, Reading, watch maker. 
Insolybnt Dbbtors' Dividbnds. 

Bdward Braiier, captain in the Royal Nary, deceased, 
Sole's, Deronport: 8|tf. in the pound.— 7Aof. Selley, Chel- 
tenham, grooer, Jan. 26, Billings', Cheltenham: 7d. in the 
Cnd. — Thomas Lethbridye, South Zeal, Devonshire, hus- 
dman, Jan. 26, Ponaford's, Okehampton: 2«. 4d. in iht 
pound. 

Mbbting. 

Jeremiah Board, Worle, Somersetshire, fanner, Feb. 16 
at 3, Court-house, Portugal-street, pr. d. 

It b nndentood that Mr. Cresswell will sacceed to 
Mr. Justice Bosanquet's place on the bench. 

On Tuesday last, Mr. Wilbraham, Mr. Matthews. 
Mr. Koe, Mr. Teed, and Mr. Lowndes, were callea 
within the bar; and on Wednesday Mr. Purvis, Mr. 
Walker, Mr. Kenvon Parker, and Mr. James Russell 
received the same honour. 

The Court of Queen's Bench wiU, on Tuesday, the 
1st of February, and four following days, sit for the 
disposal of the Special and New Trial Papers, and for 
g iving Judgment. 

DISSOLUTION OF PARTNERSHIP. 

CHEAP LAW BOOKS.— C. WILDY begs most 
respeetfttUj to announce that he still continues to cany 
on his late Father's Busmess, (latdr under the firm of Wildj 
& Davis, Law Booksellers), for the benefit of his Mother and 
Family, at the Old Established Shop, Lincoln's Inn Gate- 
way, Carey-street, (withm the Gates).— C. W. hoping that his 
ciistomers, and the Gentlemen of the Profession generally, will 
stUI continue to favour him with a share of their patronage, he 
having, since the decease of his Father, had the joint manage- 
ment of the business with his Father's late partner, (Mr. R. 
T« Davis) ; and that by his method of doing business, upon the 
smallest possible remuneratiDg profits, and by his strict attention 
to the wishes of those Gentlemen who may be pleased to ftivour 
him with their commands, to give them every satisfaction. His 
present Stock will be found to comprise a LARGE COLLEC- 
TION of REPORTS. STATUTES, and ELEMENTARY 
and PRACTICAL WORKS, all perfect, and in good preser. 
Tationj ^hich he is enabled to offer at very reduced prices, for 
Pl^mpt payment. 

Gentlenien wishing to dispose or exchange any portion of 
their Libraries, may rely upon obtaining the iullest Valne, on 
Applying at Linooln'B Inn Gateway, Carey-strect, (within the 



LAW. — A Gentleman, recently admitted; u deinrons 
of obtaining a Junior PARTNERSHIP in a respeelaUe 
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EXTENSIVE LAW LIBRARY, Lincoln's Inn-Fiklus. 

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Hie important, extensive, and very complete LAW LIBRARY, 

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many of which are enriched by his Manuscript Notes. 
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AUCTION, at the Town Mansion, No. 45, Lincofai's Inn- . 

fiekls, on MONDAY, January 24, and four foUouu^ Days, 

at Eleven o'clock each day, 

THE first Portion of the EFFECTS of the late 
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Perfect and Valuable Library of aU the best Aucittit. and Bio- 
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Also Sootdi Acts, 3 Vols., 1682 ; WilUs's Notitia Pariiamen- 
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the PRACTICE and PROCEEDINGS of the COURT 
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JEREMY'S ANNUAL LAW DIGEST. 
This day is published, in royal 8vo., price 9s,, boards, 

AN ANALYTICAL DIGEST of aU the REPORTS 
of CASES dedded in the Courts of Conumm Law and 
Equity, of Appeal and Nisi Prius, and in the Boelesiltttiosl 
Courts, in the year 1841. By HENRY JEREMY, Esq., 
Barrister at Law. 

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s^ 



V VV4^ \r^ ir-^ 



No. 264. 



JAN. 29, 1842. 



With Supplement, 2s. 



%* l%e/M)iwmff afv the Names of the Gentlemen wAo fawmr The Jurist wtk Rtports o/Ckues argued and 
decided in the several Courts of Lam and Equity:-^ 
the Inner 



» ^T^-j- /E. t. Hooo, Esq. of 

™^""**" 1 Tempk.BarrirteratLaw. 

«. , ^ t. fTsNisoN Edwakds, Efq. of the 

"^**"^ \ InnerTcmplcBamrtertt Law. 

loaeflfCoDiBioas Elec- fA. V. Kikwak» Esq. of Gray's 

tiai Cswuttees \ Inn, Barrister at Law. 

Ik Lofd ChaaoeDor's fE. T. Hood, Esq. of the Inner 

Govt I Temple, Barrister at Law. 

" «« **«*■ u«w*-^ Temple, Bamater at Law. 

of Ei^- rTRHitoN EowARDB, Esq. of the 

haf I Court \ InnerTemple, Barrister at Law. 

TM^Chnedlor Bmce's f W. W. Coopbb, Esq. of the Inner 

Govt 1 Temple, Barrister at Law. 

TitaXhiiiBdlar Wigram's fE. J. Bbtui, Esq. of linoohi's 
Govt \ Inn, Banister at Law. 



Court of Qneen's Bench' 



{ 



E. KsMPSOK, Esq. of tiie Middle 

Temple; and 
V. J. P. Smith, Esq. of the luier 
Temple, Barristei^ at Law. 

Court of c«»»o. r^{'-^m^:i^i,1:^- 



Court of Exchequer . 

Eodesiaatical and Admi-J 
ralty Courts | 



r W. M. Bbst, Esq. of Gray's Inn, 
\ Barrister at Law. 

Dr. R. Phillzmobs, of Doctors' 
Commons. 



Court of Reriew 



^F. FiSBBB, Esq. of 
Inn, Barrister at Law. 



LONDON, JANUARY 29, 1842. 

h u mfSL known to be now a settled doctrine, that, as 
WtvMB incnmbiBncers or purchasers of an equitable 
nlsMtiA peraonalty, priority belongs to that one who 
fat gifnnotioe to the person in wliom the kgal title 
is nM; ihnm, if A., being entitled as oestni que trust 
tot fife inl arort in a personal fund, mortgages or sells 
Ub hitswit to B., who gives no notice to the trustees, 
nd aftenm^a mortgages or sells it to C, without no- 
tice ef B,'8 dt3Cge, and C, does gire notice to the tms- 
kii^ C wDI hsYe priority OTer B. (Dearie v. Hail, 3 
Bam 1; Lsmrid^ v. Coopery 3 Russ. 30, and sererml 
htirdeeiiioiis). 

Bat in Joises r. JoneSy (8 Sim. 683), it was decided, 
^ the doetrine in Dearie v. Hall has no application 
to the mm of aereiBl mortgagees of real estate ; and 
tkd, if tl«re bo a mortg^ of real estate to A.; then a 



I ta Bby who gives no notice of his mortgage to A., 
vd a thM to C, wh« does give notice of his mortgage 
to Ai, C iton not be prderred to the second mortg^;ee*. 
Wf hive understood, that this decirion has been 
ipilMlibgraome eminent oonvayancers; and thatoppo- 
iti«|WoBB en the point have been given. It is said, 
^hlisr principle of the decisions is as applicable to 
<MBl «f iMlty as of personalty ; that, as between merely 
^tiUs incumbzaiacers, he who obtains the nearest ap- 
fnmh to « daim on the legal estate — ^he who takes the 
iMit paina to prevent a fraud being practised on subse- 
4Wt Ineamhrancers^ has a better equity than one 
poor In point of time, who has not taken any such pre- 
cfnUjooa; and that there is no distinction between the 
titieto bud and the title to personalty, which has the 
^^km ef destroying the application of this equitable 
dodifeK to realty. 



We believe, Janes v. Jones is the first and only case 
in which the point in question has, been directly deter- 
mined. But it appears to us, that thedistinction taken 
in it is not only in accordance with the earlier indirect 
authorities and dicta, (BeckdtV. Cordl^y I Bro. C. C. 
353; Ex parte Cktwthomey 1 GL & J. 240; Martinez v. 
Coopery 2 Russ. 214), which lay down as a general pro- 
position, that, as betweoi eouitable incumbrancers on 
real estate, priority in point of time alone gives priority 
in equity, imd that, to rebut that equity, tnere must be 
something like fraud ; — ^but that it is warranted by the 
very cases which are supposed to be in hostility to it. 

U is to be observed, that the decisiona in Dearie v. 
Hally and Loteridge v. Coopery do not affect to proceed 
on the ground of an equity in the subseauent mcum- 
brancer, arising out of his prevention or fraud u^on 
subsequent purchasers, but on the ground of his having 
done more to perfect YA&tUh. '*The plaintiffs say, 
says Sir J. Leach in Dearie v. Hally " that they were 
not bound to give notice to the trustees ; for that, notice 
does not form part of the necessai^ conveyance of an 
equitable interest. I admit, that, if you mean to re\y 
on the contract with the individual, you do not need to 
give notice : from the moment of the conti^t he, 
with whom yon are dealing, is personally bound ; but, 
if you mean to go fiurther, and to make vour right attoiA 
upon the thing which is the subject of the eemltrmety it is 
necessary to give notice ; and, unless notice is given, you 
do not do that which is essential in all cases of transfer 
of personal property.''— And citing a case of Rjfdll v. 



* la/eiNv T. Jemest as tiie facts are stated, the mortgagor 
bHi Ml eqaitite estate only in part of the premiaca, and had 
the le|d estate in respect of otl^r part. Whether this drcum- 
itaMs sdfcds the decmou, may deserve consideratioo. 
i^oi.VI. C 



^ (1 Ves. sen. 348), in which the Judges held, 
that, in tne case of a chose in action, you must do every 
thinff towards having possession that the subject admits, 
his Honor went on to lay down^ that, as regards an 
equitable interest in personalty, notice is necessary to 
perfect the title — to give a complete risht in rem, and 
not merely a right as against him who conveys his 
interest. 

And in Loeeridgey. Coopety on appeal. before Lord 
Lyndhurst, C, the observation of his Lordship was, 
that, " in cases like the present, (that is, cases ox equi- 
table interests in personalty \ the act of giving the trus- 
tee notice is, in a cert«n degree, taking possession of 



22 



THE JURIST. 



the fund : it is going as far towards equitable ownership 
aa it is possible to go ; for, after notice given, the trustee 
of the fund becomes a trustee for the assignee^ who gives 
him notice." 

The principle, then^ of these decisions, proceeds on the 
ground, that, as possession in respect or personalty de- 
termines the apparent ownership, and as notice to the le- 
gal owner is the nearest, and indeed, only approximation 
which the equitable incumbrancer can make towards 
^ssession, such notice shall have the effect of giving 
him A quasi possesion. And it goes no farther than 
this, that notice to the legal owner is a necessary act in 
the purohttser of the eouiUble interest, where such no- 
tice nas the effect of aading something to his title. 

But if these cases are to be applied to mortgages of 
real estate, the question is, what is. the effect of notice 
on the title? Is giving notice doing every thing towards 
obtaining the l^al title that the subject admits? Has 
it, in fact^ any effect whatever upon the title? That it 

' has none, is decided, as it appears to us, by the case of 
Peacock v. jBiirf, (13 Law Joum. 36), referred to by his 
Honor the Vice-chancellor in Jones v. Jona. There, 
ihm aeeond mortgagee of real estate had given notice of 
his mortgitte to the first mortgagee ; and the third ( with- 

' out notice) paid off the first, and took a conveyance of 
the leffal estate from him ; and the Master of the Rolls 
held, uiat the third mortgagee should have priority over 
the second. In other wonls, that the notice given by the 
second was valueless. That his Honor treated the no- 
tice in that light, appears from what fell from him in 
Jiis judgment. '* It is clear, in fiict," said his Honor, 
** that, to give a third mortgagee, who has obtained the 
legal estate, a priority over the second, nothing further 

is necessaxT than to nave advanced his money without 
Botiee of tlM second mortgage; and this priority may 
be obtained, even during the pendency oi a suit ; for 
the equities of the two parties being equal, this court 
refuses to interfere; not oecause one has a better, but 
because they have equal rights :" an expression clearly 
fnoonsistent with the supposition that notice had any 
effect on the titie ; for, if it had, then the two mortga- 
gees would not have had eaual rights. 

There is another point oi view in which the question 
xnay be considered, to shew that in the case of mort- 
gBffe of real estate, notice has no effect upon the title ; 
and that is, that it will not prevent the first mortgagee, 
not only from being at liberty, but from being Sound 

' to re-convey and return the title deeds to the mortga- 
gor; for it has been decided, that, if there be first and 
second mortgagees, and the second has given notice of 
his incumbrance to the first, yet, if the mortgagor ten- 
ders payment to the first mortoagee, he can demand the 
delivery of the title deeds. Dtxcn v. Wigram^ (2 C. & 
J. 613). That case was an application under the 7 
Geo. 2, c. 20, for stay of proceedings by a first mort- 

' gf^ee. and to compel re-conveyance and delivery of 
the title deeds, on the mortgagor bringing the mort- 
gage money and interest into court. And for the mort- 
cagee, one of the grounds of opposition was, that he 
haa received notice from a second mortgagee of his in- 
cumbrance ; but the court held, that the first mortga- 
gee must re-convey and deliver up the title deeds, as 
the second would be in no danger, because several modes 
might be adopted for his protection against a subsequent 
Incumbrancer. This case proves that the notice does not 
give to the second mortgagee any claim or right whatever 
Over the le^ estate. In other words, it leaves his title 
exactly as it was before; whereas, in the cases referred 
to upon equitable estates in personalty, the very essence 
of the decision is, that the notice converts the trustee 
of the fund into a trustee for the assignee who gives 
him notice ; and it seems to follow, that it would be a 
breach of trust in the trustee to hand over the fund to 
the mortgagor, unless with the acquiescence ot dirtetion 
ef thfe mor^ttjee giving ftotice. 



ON SPECIAL CONDITIONS OF SALE. 

TO THE EDITOK OV THE JURIST. 

Sir, — So far as my information enables me to judge, 
I should have thought that it had been agreed alike by 
conveyancing counsel, and by the h^her class of soli> 
citors, that Conditions of Sale, restrictive of the ordinary 
rights of purchasers, have, of late years, been carried 
to an unreasonable and mischievous extent. I was, 
therefore, surprised by the tone of the remarks in Tse 
Jurist, of the 15th instant, upon a late resolution of 
the Committee of the BirmiDgham Law Society. Those 
resolutions may not state the case Very happily, or base 
the opposition of the committee upon good grounds, 
but they point plainly enough at an existing evU, and 
have a tendency to abate it; and, at all events, may be 
made a text for useful comment. Since a good title, 
sufficientiy proved, does not require the aid of special 
conditions, it would seem to be sufficientiy obvious, 
that every restrictive condition is, pro tanto, the admis- 
sion of a defect, and, therefore, objectionable on the 
part of the vendor as well as of the purchaser; yet It is 
notorioufliy now common for soliciton (more partiea- 
larly in the country) to ofier all property, indiscrimin- 
ately, for sale by auction, under conditions extremely 
prejudicial to a purchaser, and, in numerous cases, not 
called for by the circumstances of the titles; and surely 
they do not then do the utmost that can honestly be 
done for the interest of their clients. Such conditions 
daily injure opposite parties: first, the vendors, by re- 
pelling trustees, and such penons as are cautious enough 
to consult their profesaional advisers bdfora purchasing 
at an auction ; and next, the numerous purchasers, who 
reasonabfy assuming that they are to have a sufiioient 
title, make their purchases upon a fair estimate of 
value, without deduction for extraordinary expenses 
to which they may be subjected, or for the ristc of a 
bad titie. In the most favourable case, the vendor and 
purchaaer do not stand upon even ground, when special 
oondltions are resorted to ; for the vendor knows ex- 
actiy the way in which they vrill onerate^ while the 
purchaser is necessarily ignorant of tnis; and, if con- 
teious of his risk, must insure against it by a reduction 
in the price which he would otherwise give. Not only 
honesty, but a vendor's interest, thersfo««, requires that 
a purchaser should be pretty distinotiy apprised «f ike 
risk which he must bear, and of the extraordinary ex- 
pense which he may be put to ; in other worda^ special 
conditions, to be really beneficial, should be always 
framed with reference to the particular title in qusfi- 
tion, and should inform the purchaser of its ffenend 
state. Thus qualified, such conaitioDs afford all the pr|»- 
tcction that can jEairly be desired by a vmdor^ aad will 
really benefit him; while they cease to he (^eetionable 
on the part of the purchaser. And conditions thus 
framed would probably meet the views of the Birming- 
ham Committee, who, I would fain hope, were not ac- 
tuated by merely selfish motives in finuning their re- 
solution. 

The objection to unnecessary ConditiotM of Sale is 
increased by the existing doubt, whether their adop- 
tion by trustees for sale, (includins^ of course mortgagees, 
with a power of sale ), is not sucn a breach of trust as 
renders a contract for sale under them void In equity. 
And it may not be useless to your country readers to 
add, (what you are, doubtless, aware of), that severftl 
of the most distingubhed conveyancing counsel act noon 
this doubt, so far as to reject at once titles submitted to 
them by purchasers under such contracts. I am, &c 
A Conveyancer of Fiptebit Years* standing. 

London, 19th January, 1842. 

Our correspondent has discussed this question as it 
ought to be discusBcd, with reference to the interwts 
and convenience of vendors and purchaseiSi and not with 
2 



THE JURIST- 



23 



\ to wImUmt the bnaineaB of lawyers would be 
gweter or leas by the adoption of a difleient pnctioe. We 
do noi^ howBTKr, alter our opinion as to the expediency 
of kaTing the dasa of buyers and sellers of estates to 
nan^ge their own affiilrs according to their own disere- 
laoD, joailike any other class of buyers and sellers. There 
caa be DO doabt, as our correspondent suggests^ that every 
lestrietiTO condition of sale is an admission of a defect 
jto tanto; that is^ ci either a defect of title, or a diffi- 
culty in procnring evidence on particular points. Nor 
can then be much doubt, that the result is to dLminish 
tosone extent the price that the buyer gives. The 
eoDipact between the buyer and seUer is, in efiect, this: 
that the seller finds it convenient not to be called upon 
to €rttatlfah hy proof every point of title, which, in the 
abseacs of apeeial compact, the purchaser would be en- 
titled is call for; and the purchaser, as our correspond- 
eat obaenrea, insures against his '*risk" by giving less 
flwosj. Where ia the evil of such a compact? and what 
is it» in effect, but an agreement between parties, in 
dealing together, to submit to the evil of, respectively, 
waiviiig some advantages, for the purpose of avoiding 
tbat which, in their calculation, would be a greater evil, 
viz. a aoit for specific performance. Whether such a cal- 
coiitioa be correct or not, we do not pretend to judge; 
we are content to suppose, that, as a body, the sellers 
and pmcfaaaen of land, like the sellers and purchasers of 
cotton or iron, or of any other commodity, know their 
ewn intoeaCa best; and we hold, that the functions of 
the lawyer are not to advise traders as to what are 
tbnr true interests as traders, but to advise them how, 
lc^y,to cany into effect those arrangements, which 
they, in their own judgment, think most for their in- 
UfoL We perfectly i^gree with our correqx>ndent, 
that mneh mischief may arise from the adoption, by 
saliction^ of a general form for conditions of sale; and 
that apodal conditions of sale should always be finmed 
with lefierence to the particular title. But to forward 
this object, the resolution of the Birmingham Commit- 
tee needed not to have been quite so ambitious aa it was. 
A resoliition, that it is the duty of solicitors to appl^ 
l^eat doll and care in the nrepantion of special condi- 
tionB of sale, would have been sufficient; and though 
we do not see, that, for the promulgation of so simple a 
truth, it was necessary to call into action the powerful 
nadunefy of a Law Institution, and the dellDerations 
of a committee, yet, if the members of the Birmingham 
Conndttee had confined themselves to some such novel 
doetiiae, their labours would at least have escaped 
oonoxe, if they had not deserved commendation. 

SPRING CIRCUITS, 1842. 

NORTOLK. 

TmniL, Lord Chief Justice, and Mr. Baron Pabkk. 

HOMB. 

Mn Banm Aumbbsok and Mr. Baron Gurney. 

Western. 
Mr. Justice Colbbioge and Mr. Justice Ebskinb. 

Oxford. 
Mr. Justice Pattbson and Mr. Justice Crehwell. 

Midland. 
Loid Abuioeb, Chief Baron, and Bfr. Justice Wiluaxs. 

Northern. 
Mr. Baron Rolfe and Mr. Justice Wiortman. 
Welsh. 
S m U k M r. Justice Maule. 
iVbr<4— Mr. Justice CoLTMAK. 



CONSTRUCTION OF THE WILL ACT. 



In the courts of common law, where the validity of a 
will only comes in question incidentally on tnals of 
the title to real property, or on the occasion f if an issue 
devisavit vel non, tne Statute for the Amendment of 
the Laws with respect to Wills does not appear from 
the reports to have yet become the subject of judicial 
interpretation. But the Ecclesiastical Courts, engwed 
in the constant examination of a multiplicity of wuls, 
many of them of the most informal and irreffular de- 
scription, have, necessarily, been led to the oonsideratioki 
of tne provinons of that statute ; and, in those oourta, 
as might be expected, we find cases on the construction 
of the Will Act occurring insreat number and variety. 
Some of the decisions of the Courts of Probate on them 
cases differ from the opinions expressed in other de- 
partments of the law, in the course of private practice, 
or in the p<4(es of legal writers, and may, therefore, 
seem not unlikely to furnish materials for future inves- 
tiffation and discussion before the superior tribunals; 
while, on many points, they begin to be of sufficient 
volume and importance to afford grounds for determin- 
ing the prudence of contesting a wUl that may not be 
stnoftly conformable to the letter or spirit of the act. 

The first and moat material Question would seem to 
he^ wkai willt are wikin the oar And the clause of the 
act that professes to determine this poinL has unfortu- 
nately, tnough, as we must think, without adequate 
cause, given rise to much diversity of interpretation. 
The d4ui section enacts, *' that this act shall not ex- 
tend to any will made before the 1st day of January, 
1898; and that every will re-executed or republished, 
or revived by any codicil, shall, for the purposes of thb 
act, be deemed to have been made at the time at which 
the same shall be so re-executed, republished, or re- 
vived." With reference to this enactment. Sir Her- 
bert Jenner, in the case of Hobbi v. KnigUy (1 Curt. 
768), before the Pren^tive Court in 189B, observed: 
'' But for this clause, every will made after the passing 
of the act, namely, the drd July, 1837, in order to be 
valid, must have been executed in the manner pre- 
acribed by the statute; but, by this section, any will 
executed m tiie maqper allowed by the law, previous 
to the passing of the act, would be valid, if made before 
the 1st January of this year; and, it appears to the 
court, that this clause was inserted for. the purpose of 
the flJteration in the law becoming known bmre it 
should come into effect; but the court cannot think 
that the Legislature intended, that wills executed before 
the 1st Jan. 1838, should be subject to the old law for 
an indefinite term, and that they mi^ht be altered, obli- 
terated, or interiined, and still continue to have effect. 
If this were the true interpretation of the statute, what 
would be the effect? Suppose a will executed on the 
day before the act came into operation, that will would 
require neither witness nor signature: the consequence 
would be, that the testator, if he lived sixty years, 
might from time to time alter the will to any extent; 
he might remove the names of legatees and substitute 
others; he might substitute one residuary legatee for 
another, and one 'executor for another, and make an en- 
tirely new disposition of the property without the ne- 
cesnty of having any witnesses, or of any persons being 
privy to the alterations, if these changes and alterations 
were capable of being identified as his act. This is one 
of the inconsistencies that would arise from an extended 
application of the 34th section of the act. Again, the 
18th clause of the statute enacts, that a will shall be 
revoked by the subsequent marriage of the testator ; but 
a will executed before the 1st January. 1838, would not 
be revoked by marriage alone, and would be revoked by 
presumption arising from an alteration in the circum- 
stances of the testator, contrary to the provisions of the 
l»th section. These are consequences so inconsistent 



THE JURIST. 



with tbe professed intention of the Legialatim to place 
all wills m>m a certain date on the same footing, that 
€b« voiirt in «f t>pimon that it a6¥er could have be«i in- 
iended by ihe jJegialatiiTe to leave wills executed prior 
4d 4ha time when the act eame into operati<m, suoject 
to ail Hie considerations of the law as it stood previ- 
ously^ md, therefore, that a move restricted interpre- 
tation must he put upon the words; and the court will 
Iwld, until otherwise advised by the decision of a supe- 
,riar tribunal, that wills executed before the 1st Janu- 
ary, i898» are subject to the provisions of the statute 
1- Vict, c 26, with respect to any act done to them eub- 
jeqnently to that day. 

Aeooraiiig, then, to the opanion here ex]^ ressed by the 
Jeamed judge 4>f the Prerogative Court, wills made pre- 
viously ia the 1st January, 1888, are within the act, 
with zuspect to any acts, not only of republication, but 
jslsa of xearooation, alteration, or obliteration, done to 
thflM «fterthe 31st December, 1887» thoun^ they may 
ant have been xepubliidied subsequently to that day. 
Thw view of the construction* «f the clause has been 
Allowed by the Prerogative Court in sevend subsequent 
•cpam. {Inthe€h)o^ €f lAwA^^komsed^ lOaxi.QQ6; 
J^mkeU V. Jmkmson, 2 Curt. 276; In the Goods af 
Bvwbe^ deeeued. Id. 343). But it differs in a consider- 
'Mn taid imfwrtant degree from that entertamed on the 
siii^eot by some <of the ablest expositors of the statute. 

^ A wOl,'' says Mr. Shdfcwd, ''made before the end 
m£ IfiSTy but tepublidied or revived afterwards, will be 
onlAfiOt to tiie provisions of the new act; but it is an- 
fosehended that such republication or revival can only 
«e effiMsted by an instmment executed in the manner 
Msetibed hy that act." (Law of Wills, 230). And 
Mr. Janoan, in his recently puhLiahed Treatise of Wills, 
TYoL 1, p. 187), observes, that, ^ Where a will made 
iafon is repuhlished by a codicil made on or tince the 
let January, 1838, or by re-execution, in tiie manner 
pBBscilbed by tiie new law, the codicil, or the jre-execu- 
tion, has the efiect of subjecting the will for all pur- 
aoses to the operation of the act.'' And Sir £. Sugden, 
(2 y. & P. 266), remarks, ^ that a will executed before 
1888, 10 within the aot, if duly republished." It wouU 
aeeny, therefooDe, that, in the opinion of these learned au- 
thors^ any other acts relating to th^ will, except republi- 
catian, aid before repubUoition, ace to be treated and 
daalt with acoonding to the old law, and not according to 
the new law. And this mode of interpratalion is move 
«xplieitl V propounded by Mr. Geoi^e Sweet, in his edi- 
tion of the Act, p. 77. — *^ The object of this enactment 
is to tie got at, if at all, by means of a logical proceas of 
xather a refined kind; the meaning seems to be this : if, 
after 18879 && Attempt is made to revive or republish a 
will made before 1838, it is to be considered, for that 
purpoee, as a will within the act ; and if the means are 
sufficient, then the will is for all purposes within the 
act. The object might have been mom dearly attained 
bjT enacting, that, after the Slat of December, 18379 
wUls made before that time shall, for the purposes of 
xepttblication or revival, be within the act; and if re- 
puhlishfcd or revived, then for all purposes." 

K we try this mode of interpretation by the test 
proposed by Sir Herbert Jenner, we think it wiU 
be found to give rise to less ineonmBtencies than are 
Ukely to be occasioned by the construction adopted 
in '^e Prerogative Court ; indeed, scarcely more than 
are inseparable from eveiy legislative change, and ine- 
vitably attend t!ie transition from the old law to the 
jBcw. For, according to the formw mode of interpreta- 
tion, wills in existence at the time when the act came 
into operation remain subject 'to the old law, in ail re- 
apects^ until they are republished : they are within the 
new law as to any act of republication done to ihem : 
and, aftsr they are so repubiished, they become, in ail 
lespeeta, anbject to the new law. But, according to tl>e 
^onstraBtion adopted. in the Prarogative Conrt^ snch^ 



wills, before they are repnUisbed, are ao^ject, ia aome 
respects^ to the new law; hut, in other respeeto, to the 
old law. And it may be difficulty in some instances, 
clearly to mark out the line that is to divide tlxe sab- 
jects of the old law from the subjects of the new. For, 
if the effect of the testator's marriage in revoking such 
wills, is, as Sir Herbert Jenner says, to he determined by 
the new law, it would serai to follow, that the exchange 
of one estate for another, or a re-settlement or other 
conveyance leaving a disjjosable interest in the testator, 
or the death of a devisee in tiul, or of a legatee who is a 
child of the testator, (events or acts occasioning a par- 
tial revocation of the will), are events or atits whose 
effect ought also to fall within the provinoe of the new 
law, and be detemuned by the provisioiis «f the third, 
twenty-third, thirty-eeccmd, and thirty-third sections 
of the act. But can it be intended or conten^lated as 
a consequence of the doctrine of the Ecclesiastical Court, 
that, not merebr the general effect and ojperation of a 
wiU, but the foroe and construction of its particular 
dispodtions, shall thus be regulated, not by the law 
winch obtained at the time when the will was made^ and 
which was in the mind of the person who framed it, but 
by a law since cxeated, and introducing new principles, 
and an altered system of testamentarv jurisurudence? 

The act does not require that the will should be 
dated ; and where a testamentary paper is without a 
•date, recourse nuist he had to extrinsic evidence, to 
shew, whether it was made before or a£ter the q>och 
that separates the new law from the old. (See Jn the 
Goods of Mary Taylor y 6 Jur. 1041 J, But if there be 
nothing to she w^ conclusively, when it was made, it will 
be presumed to have been executed according to the 
law in force at the time when it was made ; and, tbere- 
fore» if it be not confonnable to the new law, hut satis- 
fies the requisition of the old law, it will be presumed 
to have been made before the new law came into force. 
Thus, where a testatrix died in 1839, leaving, amonsst 
other testamentary papers, an unattested c(3idl witn- 
out a date, written on the same paper with a will dated 
in 1830^ and the latest date appearing on asiy of the 
pf^ers was 18379 <u^<l there were no circumstanoes to 
shew or to lead to a supposition that the codicil was 
signed after the 1st January, 1888, it was considered 
that the court was bound to uresume that it was made 
before that time; and, thereiore, was not within tlie 
operation of the new act. ( Pechdl v. Jenhinson. 2 Curt. 
273). 

An unattested will, made at .sea by a purser of a 
man of war^ has been held, in the Prerogative Courts 
to be valid, as the will of a seaman at sea, under the 
exception contained in the 11th section of the act, 
whicn provides, " that any soldier, being in actual mi- 
litary service, or any manner or seaman, being at sea, 
may di^ose of his personal estate, as he might have 
done before the making of the act." Some of the rea- 
sons assigned for the exception, (which was not merely 
to protect illiterate perronsj, it was said, applied just as 
well to the commander in chief as to a common seaman ; 
the same sudden emerg^icy might arise to render it 
necessary for the individual to dispose of his property 
by word of mouth in the one case, as in the other; &ii<l 
whilst at sea, the one .might be inops consilii, as well 
as the oth^. Sir Herliert Jenner was, thenfore, of 
opinion, that the term *' mariner or seaman" does not 
exclude any person in her Majestjr's navy, though su- 
perior officers of the ship, being " at sea," from the ex- 
ception contained in the act. (Ht^tes, deceasedy2Cvai» 
338). And, in like manner, the will of a major in tlie 
army, made while in service in India, has been faeM 
to be within the same exception, as the will of a '^sol- 
dier in actual military aervioe." {Inike Goods ef John- 
son, deceased, 2 Curt. 341). And the exception is un- 
derstood to extend to the will of a pesscm m the mili- 
tary service of the £a8t Itidia Cotnpaiiy ; (/i> the Goods 
4 



THE JURIST, 



«5 



, 2 Cifft. 988h al0O, to the wfll of a 
verrii^ on hoard a ship, ttiongli on ^ore at the time of 
waking the will. (In the Ooods ofLo^^ 2 Curt. 378). 

The atatnte 1 Vict. c. 26, does not extend to the co- 
lonies, for the colonies are not bound by an act of par- 
Hamenty unleas particularly named. (Anon^ 2 P. W. 
2»1; SSMdtM T. Chodrieh^ 8 Yes. 487). If, therefore, 
the ti all tar have landed property as well im Enelaod aa 
hk Iheceloniea, whevt the Statate of Frauds is ia fdrae, 
^L a. ail the eolonieB in the West Indies^ except Ber- 
mmkL, Britieh Gmana, Trinidad, and St. Lncia; sad 
tka» ef Netth Anerica, except Lower Canada, (4 Burce 
<X L. 478),^ lie must execute his will, so as to oonpry 
hetii witii late Statate of Frauds and the new act. 

The authorities in the East Indies have, with certdn 
vxeeptions, T^-enacted the Will Act, but such act was 
not to eome into operation till the 1st February, 1839. 
Aecotfii^y, (/» the Goods of Fqy^ deceased, 2 Curt. 
^28), an unattested will, made in 1838, b^ an English 
officer in tbe East India Company's service in India, 
(wheiebj^ U seems, he acquii^ a domicile in India, 
AweoT, Arwse.SBTO.F.C. 566; Marshv.llutehinsonj2 
K^ P. 231), haviqg been proved at the Cape of Good 
fim^ whUber he had gene on leave for the benefit of 
hia>aiiHh, and died thefe, was admitted to prafaate also 
latiRFkme<^veCeBrt. B. 

(2h fe emdmmed). 

lontion (!Sa?ettts. 

TUESDAY, Javua&y 25. 

HBCLARATIONS OF INSOLVENCY. 

^niXilAM CURTIS, King's Lynn, Nerfblk, eomnMm breirer. 

THOMAS TOWNSHEND, jim., North Pethertoa, Somer. 

setslDRy oi&tMer. 
lOHK ^ARSONS, Fleasley-hill, Mansfield, Nottingham- 

dmr. iiwUntfr 
CBARLSS AUGUSTUS CANTOR, Upper Muntagu-st., 

Msflb^-square, inerdiaixt. 

BANKRUPTS. 
£DWARb THOMAS MURRAY, Church-street, St. Mary, 

Newington* leather seller, and GL Geoige-st., BermondBey, 

jmrmrr and enameller of leather, Peb. 1 at half-past 1 , and 

Mardi 8 at 12, Court of Bankraptcy: Off. ass. Belcher; 

S6L Ixm^borongh, 23, Austin-friars.— Piat dated Jan. 24. 
JOHN CUISSET, BlackfriarB-road, jeweller, Peb. 3 and 

Mcrdh 8 at 11, Court of Bankruptcy: Off. Ass. Gibson; 

SoL Bolfe & Edmunds, South-square, Gray's-inn. — flat 

da ted JaiL. 21. 
WILLIAM CHRISTIE, New NorCh-st., Red Lion-souare, 

bookhiader, Feb. 3 at half-past 11 and March 8 at 12, Court 

of Bankruptcy: Off. ass. Green; Sol. Starling, 40, Leices- 

ter-aquare.—Rat dated Jan. 17. 
JOHN BURNIE, Tokenhonse-yard, merchant, Peb. 4 at 2 

and March 8 at 11, Court of Bankruptcy : Off. ass. Edwards ; 

Sob. Brown & Co., Commercial Sale Rooms, Mincing-lane. 

— ffaitd«tadJan.i9. 
WlUaAM WiLCOCKS, Bracknell, Berkihire, saddler and 

hww anker, Feb. 1 mid March 8 at 11, Court of Bank- 

nptcy: Off. ass. Graham; Sols. Bridger & Co., 32, Pins- 

Wy^caa.— Plat dated Jan. 15. 
fifiOifiS OGlLrVY SPEARE, Fleet^reet, laomn and 

■ iwiiiisii, Feb. 7 at 1 and Mardi 8 at 12, Court of 

Bukmptcy : Off. ass. Graham ; Sols. H. W. & W. C. Sole, 

66« AlihiiiiiaiibiMj Frnt dated Jan. 24. 
JAMBS JLAYCOCK, Colae, Laaoaakire, talknr chandler, 

graoer, aad diaper, Feb. 2 and Mardi 6 at 11, King's Head 

Ibb, Calw: Sob. Haidacre, Colne; Wiglesworth ft Co., 

Gray's-inn.— Piat dated Jan. 10. 
CUARI.ES CHRISTELOW. York, woollen draper, Feb. 15 

and Manb 8 at 11, Guildhall, York: Sols. Bbmehaxd & 

KdHdMD, York; Williamson & HiU, 4, Yendam-bnUd-- 

imm Gtay'a-ann. — >Fiat dated Jan. 19. 
ALFACD WEAB, liverpool, carpet seller, Feb. 9 and March 

8 at 2, CaauaisBiBien'^aams, Manchester : Sols. Higwm & 

SoA, Mawlatt ; JohoMn ii Ca., TeBple-^Piat dated 

Jan. 8. 



HOBBRT JOHNSON SHARF, liwpori, vfotaeHer, N>.6 
and March 8 at 1 , Claiendoa-itMnM, lAreryotAi Sols. Joaes, 
lirerpool \ ViBoent ^ Sherwood, King'a-beBoh-walk, Tem- 
ple.— Fbt dated Jan. 21. 

SAMUEL EDDLESTONE WELLDON, Cambridge, 
butcher, Peb. 4 and March 8 at 11 , Hoop Hotel, Cambridge : 
Sols. Eadea, jmi., Cambridge; Clark & Davidson, 86, £s- 
•ex-street, Strand.>-Piat dated Jan. 20. 

MEBTIKOa. 

Charles Dolyj Red Lion-aquare, publisher, Peb. 3 at 12, 
Court of Bankruptcy, last tn.^-WUliam Blaich and Willimn 
Lampert, Grove-place, Brompton, printers, Peb. 8 at 1, Court 
of Bankruptcy, last ex.^George Webb Bremfield, Blackfrian- 
road, Surrey, brush manufacturer, Jan. 28 at 11, Court of 
Bankruptcy, last ex. — P, Saunders, Kingston-upon-Hull, mer- 
ehant, Jan. 28 at 1 , Court of Bankruptcy, last ex. — G. HmUy, 
Pfell-mall, and Savoy-street, Strand, auctioneer, Peb. 4 at II, 
Court of Bankruptcy, last ex. — Wiaiam Ridge, €%as. Ridge, 
and Wiliiam NewUtnd, Chiehester, Sonex, bankers, Peb. 16 
at 1, DolpUn Ina, Chicheafier, last eXn-^Dsasid Muglass, Sun- 
derland, Durham, victualler, Feb. 17 at 11, Bridge Hotel, 
Soaderlaad, last ex^—2%omas Smmders, Nortbamptont linen 
draper, Jaa. 28 at 11, Cross Keys Ian, Northampton, last ex. 
— G. Thon^uon, South Shields, Durham, victualler, Peb. 16 at 
II, Homer's Hotel, Sunderland, last ex.s at 12, and. ac. and 
div. —</«««§ Lewis Willson and Wm,Attm 7\tmer, Wood- 
st., Cheapside, warehousemen, Peb. 17 at 11, Court of Bank- 
ruptcy, aud. ac.— /oAa Cerhe Knell, Millbrook, Southampton, 
cattle dealer, Peb. 17 at 12, Court of Bankruptcy, aud. ac. and 
diy.— James CoulseU, Richmond, Surrey, builder, Peb. 16 at 
11, Court of Banknii^, aud. ac. ; Feb. 18 at 12, div.— iSdm. 
Qraae, Dawley, Shropshire, draper, May 20 set 11, Crown Inn, 
Bridgnorth, and. ac. — John Baker, Woodlands, Btagdon, So- 
mersetshire, serivener, Feb. 15 at 12, aud. ae.; Feb. 18 at 12, 
div.— ££ea. W. Femghough, Reading, Berkshire, bookseUer, 
Pbb. 17 at half-past 12, Court of Badmqptcy, fia. div.— JoAa 
Banfield, Cheapside, sUversmitii, Fob. 17at 1, Coaitof Bank- 
TCptcy, fin. div.— iUcA. Perkins, Upper-st., IsMngton, up- 
hdsterer, Feb. 17 at half-past 1, Court of Bankruptey, fin. 
div.— /. F. Lewis, Oil-mills, Ebley, near Stroud, Gtouoester. 
shire, woollen doth-maaufaotarer, Peb. 17 at half-past 11, 
Court of Bankruptcy, div.-V. PhUpot, Rokt, Marriott, and 
Bei0. Bumeil, Crigglestone, Sandal Magna, Yorkshire, coal 
merchants, Peb. 15 at 12, Court of Bankruptcy, div.— IFtn. 
Mag, Penohurch-at., coaunissioB agent, P^b. 15 at 1, Court 
of Baakruptcy, fin. div.— /oAa PkUpot, St. Swithfai's-lane, 
victualler, Peb. 15 at 12, Court of Bai^rvptcy, div.— /oAn 
PeircB, Bedford, tailor, Feb. 16 at 12, Court of Bankruptcy, 
div. — Oeo, Williams, Aidgate, and New Kingston, Surrey, 
linen dnper, Peb. 15 at 12, Court of Bankruptcy, div.— Z>. 
Memdani, Horsham, Sussex, linen draper, Feb. 15 at half-past 
11, Court of Bankruptcy, div.— ^«»yy Gmilt^e, Green Ha- 
worth, OswsAdtwistle, Lancashire, shopkeeper, Feb. 18 at 11, 
Town-hall, Preston, aud. ae. ; at 12, first and fin. div. — John 
G. Bird, Bridgend, Glamorganshire, stationer, Peb. 24 at 11, 
Prothero & Towgood's, Newport, Monmoutlishire, aud. ac. ; 
at 12, &i. div. — ^^«ff. Parker, Masbrough and lokles Mills, 
Rotherham, Ypckshtre, seed crusher, Peb. 19 at 12, Town- 
hall, Sheffield, aud. ac. ; at 1, div. — Henry Morse, Binning- 
ham, laceman, Feb. 16 at 11, Waterloo-rooms. Binningham, 
aud. ac. ; at 12, fin. div.— PAof. Smith, Preston, Lancashire, 
dagger, Feb. 18 at 11, Town-hall, Preston, aud. ac. ; at 12, 
fin. div. — Tkos, Burbeg, Rich, Lob, and J^sfftet Loe, Ports- 
BDOuth, bankers, April 18 at 1, Creorge Inn, Portsmouth, aud. 
ac ; at 3, div. — E. 8, Botdt and T. Addison, Liverpool, stock 
brokers, Feb. 26 at 12, Clarendon-rooms, Liverpool, aud. ac.; at 
half-past 1^, div. sep. est. E, 8, Boult.-^J, Austin, Manchester, 
brick maker, Peb. 21 at 11, Commissioners'-rooms, Manches- 
ter, pr. d. ; at 12, aud. ae. and div. — JloM. Arthwr and Jos, 
Forster, Newcastle-upon-Tyne, woollen drapers, Peb. 18 at 
11, Bankrupt Commissiou-room, Newcastle-upon-Tyne, aud. 
ac. ; at 12, div. — Andrew Morison, Grreat Malvern, Worces- 
tershire, lodging housekeeper, Feb. 15 at 11, Golden Lion Inn, 
Worcester, aud. ac. ; at 12, div.— Ca^A^erl Potts, Andrew 
Potts, and Jofm Potts, Monk Wear mouth Shore, Durham, 
ship-builders, Feb. 16 at 12, Horner's Commercial Hotel, Sun- 
derland, div. sep. est. C, Potts, 

CsaTuncATas to aa aluvwsd, 

Umlass Oamse shewn to 4ke contnny, an or-^ere FW. 15. 
C. Kneit, Mffibrook, Souftampton, cattk deder.— 



26 



THE JURIST. 



PamiA^mum and Jokn G. GIrif/, Markoluw, fbraign andge* 
nenl merchanta. — Edw. Ckfoper^ Bdw, P. (^^owitr, Bm^J. 
Cooper, and John Alex, Cooper ^ Stavorton-miUs, Trowbridge, 
Wiltshire, dothien. — Bobi, T^loM^pton, Newcastle-npon-Tjne, 
butcher. — Wm. Roekell, Liverpool, tailor.— /oAn P. Yapp, 
Weobley, Herefordshire, grocer. — Tho»» Tripp and/«ff. Bnni, 
Broolcfield, ShankhiU, and Bel&st, Antrim, and Enniskillen, 
FermanaJi, Ireland, distillen. — Bdw. Weaikerby, Newmarket, 
Cambridgeshire, cotton spinner. — Biek. Parkee, Birmingham, 
wine merdiant.— /oAii Rmef Monk Weannoath Shore, Dor- 
ham, grocer. — Bich, OuitoUt Kingston-npon-HuU, sawyer.— 
Henry Oreenaway, Bristol, painter. — Antonio Lqfaryutj 6t. 
St. Helens, merchant — Jamee Binyley, Henrietta-st., Caven- 
dish-sq., brush maker. 

PaETNBRSRIPS DlStOLTBp. 

Joe, ymtnyemd Wm, WkUe, Bishop Wearmontfa. Durham, 
attomies at law, and solicitors in Chanoerj. — E» BretherUm 
and Joe. Archer, Liverpool, solicitors. 

Scotch Sbqubsteatioks. 
John Kibble, Glasgow, zebrashawl manufacturer.— ^oMi and 
Damd Mwuro, TuUich, Kilmuir Easter, Ross, builders and 
slaters. — Dm. Whyte, Kirkton of Clova, Cortachj and Clova, 
merchant—Jo*. AUan and Wm. Waieon, Johnstone, cotton 
spinners. — Wm. Spence and Co., Edinburgh, silk mercers. — 
John Matheeon and Co., Glasgow, calico spinners.— 7Aomc» 
Leithkead, Jamee Hendereon, and Andrew H. Himier, Glas- 
gow, coach builders. 

INSOLVENT DEBTORS. 
Saturday, January 22, 1842. 
Thefolhwiny Aeeiyneee have been appointed. Further Parm 
tieulare may be learned at the O^iee, in Portuyal^et,^ lan» 
eolnU^imn-JleldM, on gimng tha Number qftha Caee, 
Bdm. Prier, King-st., Sonthwark, grocer. No. &2,132 T. ; 
Henry Gold, assignee.— 7%e Bev. K. M. B. Tarpley, Albany. 
St., Rqgent's-park, clerk. No. 52,232 T. ; Henry Beeke, as- 
signee.— G«ori^e Gaukroyer, Halifax, Yorkshire, joiner, No. 
57,669 C. ; Michael Stocks, assignee.— /oAn Wriyht, Don- 
caster, Yorkshire, blacking manufacturer, No. 57,594 C. ; 
A. W. Goodwin, a8signee.>-JI^«ry Shoree, Criro-st, East 
India-road, Poplar, boat builder. No. 52,062 T. ; Bei^. Frew, 
assignee. — W. M*Bwen, Aldermanbury, surgeon, No. 52,155 
T. ; C. F. Pettijean, assignee.— /m. Barker, Bagillt, Flint- 
shire, grocer. No. 57,137 C. ; E. Hughes and John Jones, as- 
signees. — John Bowker, Manchester, out of business. No. 
54,991 C; Chas. Bradbury, assignee.— G. Donaldeon, Mar- 
ket-st., near Dunstable, Bedfordshire, publican, No. 57,459 
C. ; E. T. NichoUs, assignee.— JZ^^mca Millner, Bridling- 
ton, Yorkshire, widow. No. 57,487 C. ; G. Wetwan, sen., 
and Robert Davison, assignees. — William Cooper, Henry- 
street, Vassall-road, North Brixton, Surrey, collecting derk to 
hat manufiM^rers, No. 52,109 T. ; John Cls^p, assignee. — 
Jamee Cole Green, Great Chart-street, Hoxton, carpenter, 
No. 52,095 T. ; John Keymer, assignee.— Jfa/Mev Baweon, 
Morning-lane, Hackney, market-gardener. No. 52,200 T. ; 
Joseph Forsbery, assignee. — Geo. Biehardeon, Wortley-lane, 
near Leeds, Yorkshire, canvas-manufacturer, No. 58,404 C. ; 
Jos. Wood Bowell, Benj. Stead Musgrave, and George Lodge, 
assignees. — Benj. Bradehaw, Wortley-lane, near Le^, York- 
shire, canvas-manufacturer, No. 58,403 C. ; Jos. W. Bowell, 
Benj. S. Musgrave, and George Lodge, assignees. — Jae. Dale, 
Manor-row, Rotfaerhithe, Surrey, l(^ging-house-keeper. No. 
52,222 T. : John Clarke and James Homes, assignee8.-^fKm. 
Bryant, Bristol, general dealer, No. 57,308 C; Benjamin 
Tanner, assignee. — Matthew Stevene, Brklport, Dorsetshire, 
baker. No. 58,147 C. ; Constantine Phipps Henvilleand Jdm 
Cnlliford Hopkins, assignees. — Samuel Barwood, Great Yar- 
mouth, Norfolk, coalheaver. No. 57,796 C; Samuel Smith, 
as8ignee.-V(M. Staneby, Gloucester-place, Portman-square, 
licensed victualler. No. 52,300 T.; Richard Martineau, as- 
signee.— i/oAii Whitworth, Heaton Norris, Lancashire, tailor, 
No. 55,661 C. ; Fredk. Barnes, assignee. 
The/oUowiny Prieonere are ordered to be brought b^ore the 
Court, in Portuyal-et., on Tueeday, Feb. 15 «/ 9. 
Charlee Thomeon, Wood-lane, Shepherd's-bnsh, out of 
business. — Bleazer P. Fisher, Park.pUce, Regeut's-park, 
cheesemonger. — John Alvee, Upper George-st, Portman-sq., 
agent for Uie discount of bills. — /. Withermyton, Crawford- 
st., Portman-sq., Marylebone, gentleman's servant— T^losiat 
Kiny, York-place, Walbrook-placei Hoxton New-towD» ooal- 



merchant— JbJbi Fry, South-it, Chelsea^ 
Wm. B. Walter, Tower-street, Seven-dials, tripeman's shop- 
man. — Chae. Hainoe, Lower Tooting, Surrey, poulterer.—/. 
Biehd. Goeeaye, King-st., New-town, Deptford, baker.— AT. 
Moeee, Stainlng-lane, Cheapside, furrier.— /srmes Bdwarde^ 
Farnham, Surrey, farm baililT.- /o#. Cohen, Bosemary-lanet 
Tower-hill, rag-merchant. 

Feb. 17, at the eame hour and place, 

Jae. Joe. Stanley, Charies-street, Greenfield- street, Com- 
merdal-road. Mile-end, baker.— /siiim Hopkinee, Pftnridcnce- 
plaoe. Hammersmith, carpenter.— iUcAd. Peek, Eaai-aide, 
Bethnal-green, dealer in hay.— ^ciiry AA^imm, Tottenham- 
oonit-road, tailor.— /oAii Larton, Newton-teiTaoB, Keaning- 
ton-green, Surrey, derk.— YFiw. WilOame, Wnrdrobe*lemoe, 
Doctors'-commons, warehouseman.— /«t. YFoslois, Cnmn-ct, 
Milton-st, out of business.— fKm. John Collier^ Ssvage-gar- 
dens. Tower-hill, out of business.- /osgiil Van MiUinyen, 
Soho-square, jeweller.— fFiN. Ford, sen., Old Bail^, baker. 
—Jae. Mille, Tavistock -row, Covent-garden, wareboasemaa 
to seedsmen.— /OS. Boteherby, Hertfora-road, Kingsland-rd., 
clerk in the London and County Bank. 

Court'houee, Oxromn, {County), Feb, 16 ai 10. 

Jae. Wiekene, Oxford, shoemaker.— C*as. 8aye, Witney, 
grocer. — Chae. Craeknell, Oxford, ooadiman. — Bdmd, €bl»- 
^rove, Westcott Barton, shoemaker.— Teihi Wriyki, Idbnry, 
labourer.—/. Walker, Worning-haU, Bwdringhnmshire, road 
contractor.— it. Lyne, Headington Qaarry, Oxford, carpenter. 
— Franeie Deftere, Shiplake, near Henley-on-Thames, twiae- 
manufacturer.— Geoiyt Iforrit, Summer Town, market-gar- 
dener. — Bet^, Sutton, Oxford, under^gradnate. 

Court'houee, Oxromn, (City), Feb, 16 at 10. 

John Kitchen, Oxford, slater.— rAoMM Beeeiey, Oxford, 
boatman.— /«ff. Sealey, Oxford, wheelwright. 

Insolvsnt DBSToma' Difidswos. 

Fredk. Wilton L. Stoekdale, Msnor-plaoe, Walworth, Sur- 
rey, author: Is. in the pound.— /oAit Taylor, Richmond, 
Surrey, shopman : 3«. 9d. in the pound.— /oibt Trimek, Sa- 
risbury-green, Titchfidd, Hampshire, master in the Royal 
Navy : Is. Iff. in the pound.— JVoncit Mark Turner, Girton, 
Nottinghamshire, ofBoer in the 7th Fusileers : Is. 2d, in the 
pound.— /oAn Yorker, Dearham, Cumberiand, coast oflloer : 
Is. 4d. in the pound.— FTm. Lawrence, clerk in her Migesty's 
Stationery Office: Is. 5d. in the pound.— rAoMas B. Biyy, 
Kimbolton-place, Fulham-road, derk in the Army F^ Office : 
3s. in the pound. — That. Haynee, Hariington, Bedfordshire, 
shopkeeper : Is. 10<f. in the pound. 

Application at the Provieional AMeiynee*e (ffftee, Portuyal-et.f 
Lincoln' e'lun-JSelde, between the houre qf 10 and 1. 

John Tudor Tucker, retired captain of Royal Marines, 
Cox's, Hatton-garden : 4s. 4<f. in the pound.— Hsu. Federick 
AiM, inspector of stamp duties, Doggett's, High-st, Msry- 
lebone: 3s. Id. in the pound — Caleb Blieha, FleeadiUy, 
watch-maker, Jan. 24, Kinnear's, Gerrard-st, Soho : Is. 9d. 
in the pound. — John Steveneon, Sheffidd, grocer, Jan. 31, 
Jackson\, Canklow Mills, near Rotherham: 2s. 5d. in the 
pound. _«^_ 

FRIDAY, JjLWAtLY 28. 
BANKRUPTS. 

HENRY HOLT, High-street, Peckham, Surrey, beoksdisr, 
Fd>. 4 and March 11 at 2, Court of Bankruptcy : Of. Ass. 
Belcher; Sols. Dover, 12, Sonth-sqnare, Gray's Inn.— Fiat 
dated Jan. 26. 

JOHN SANDERS, Manor-plaoe, King's-rtMd, baker, Feb. 
8 at half-past 11, and March 11 at 1, Court of Bankrupfc^: 
Off. Ass. Belcher; Sols. Harrison, 5, Walbrook.— Fkt 
dated Jan. 25. 

EDWARD JAMES STONE, Bdle Sauvage-yard, Ludgate- 
hill, maker of playing and other carda, Feb. 4 at 1, sad 
March 11 at 12, Court of Bankruptcy : Off. Ass. Pttmell ; 
Sols. Davison & Cooms, 48, Bread-street, Cheapside.' Fist 
dated Jan. 26. 

GEORGE BERKELEY KIRKWOOD CASSIDY. Budt- 
lersbury, merehant and bill-broker, Feb. 8 and March 11 at 
11, Court of Bankruptcy: Off. Ass. Gibson; Sols. Buck- 
ley & Sanders, 14, Gray's Inn-square.— Fiat dated Jan. 24. 

FREDERICK SHARMAN, Barge-yard, Bnd^lenbniy, 
shoe-factor, Feb. 8 at half-past 1, and March 11 at ]^* 
Court of Bankruptcy: Off. Ass. Edwards; SoL Oski 70, 
Basinghall-itreet.— Flat dated Jan. 25. 



THE JURIST. 



87 



THMfAS W008TER, Jan.. Ltverpool-street, Citf of Lou* 
don, nuCTchant and ship-owner, Feb. 11 at 2, and March 11 
aC 11, Couit of Bankruptcy : Off. Att. Oroom ; Sol. Ste. 
pboi, 20, BaaiQghan.itreet.—Fiat dated Jan. 25. 

SAKCSI. ROBERT GEORGE, London-waU, yictoaUer 
aad tailor. Feb. 9 at 2, and March U at 11, Court of Bank, 
roptcy : Off. Aai. Johnaon ; Sol. Billing, Cheapdde.— Fiat 
dated Jan. 20. 

ABXUUR COLLOS and ALFRED THOMSON, Brigfa. 
«0B» Sosaex, aDgar-manofactarers, Feb. 5 and March 1 1 at 
2, Town-^U, fiigbtam : Sol. PenkxriU* Weat-ttreet, Fins. 
u^Fiat dated Jan. 20. 



iAMBS THOMPSON, Newcastfe-Qpon-Tyne, joiner »nd 
r, Feb. 18 at 8, and Marah 11 aft 11, Bankrupt Gon. 
Neireast]0.upon-T>M : Soli. Hoyle, New* 
^IV&o; Crosby & CcNopton, 3, Church-court, 
Old Jewry.— hat dated Jan. 20. 

JOmi ARTHUR ttid DATID ARTHUR, Neirth, Gla- 
ui e igaMli ire, ironaMlera and ODal-uiercfaants, FM». 18 aad 
Math 11 at 11, Budi Inn, Swansea, Glamorganshire : Sols. 
£^ ft Od^* Bfestt-street, StrMid.-*Fbt dated Not. 24, 
1841. 

WILUAM EDWARD BOYUS, Neath, Glanor|attshlre, 
r, Mb. 18 and March II at 11, Bush Inn, Swansea : 
. Bmrgnmrnt Neath ; Lakeft Wahbon, 33, BasinghalU 
-9Snft4Bt«dJaB.15. 

RICHARD WILSON, Blyth Tile Sheds, Northumberland, 
u ni rnlhti tiiTff of bricks and argiUaceons msible, Feb. 23 at 
11, and Mardk 11 at I, Bankrupt Commission-room, New- 
ea^te-apon-Tyne : Sols. Hoyle, Newcastle-upon-Tyne; 
Cmbf & CDmpfon, 3, Church-court, Old Jewry.^Fiat 
dated Jan. 22. 

ROBERT DAVISS, MaUwyd, Merionethshire, shopkeeper 
and flttnel manuftctnivr, F^b. 16 and March 11 at 11, 
Ea^ Ina, Madiynlletb, Montgomeryshire : Sols. DaTtes, 
MaehyttBeA; Price & Bolton, 1, New-square, Lhiooln's 
lim..— Fiat dated Jan. 17. 

mLLIAM CHAMBERS, Oxford, organ -builder, Feb. 5 
aad Msreh 11 at 10, Roebuck Inn, Oiford: Sols. Rack- 
straw, Oxford; Philpot & Son, 3, Southampton-atreet, 
Bbonbury. — Flat dated Jan. 24. 

0KORGE BARNARD, Portsea, Hampshire, coal-mercbant, 
M. 11 at 10, and March 11 at 1, Totterdell's Commercial 
Hold, Portaea : Sols. Low, Portsea ; Clare, 5, Size-lane.— * 
Vkt dated Jan. 18. 

PETER STEPHENSON, Manchester, merccr and draper, 
Feb. 7 tnd Matdi 11 at 10, Commissioners' -rooms, Maa- 
dKSter: Sdls. Sale Be Worthington, Manchester; R. M. 
and C.^Buster, Lincoln's Inn-fields.— Flat dated Jan. 25. 

Vbstimcb. 
JL ito lfr r rf, IT. N. Baldwk, and O. Snomtien, Canterbury* 
hankeD, Htfch 28 at 11, GufldhaU, Canterbury, pr. d. ; March 
28 aft IS, aAd. ae. Joint and sep. est.—/. H. Lowndet, Liyer- 
pool, broker, Feb. 18 at 2, Ctanndon-roooBM, Liverpool, ch. ass. 
—if. D^mAs, Hattoii-garden, carpet warehouseman, Feb. 1 1 at 
2, Caart ci Bankruptcy, last tai.^Bdtmmd Adamt, Blenheim- 
itreet. New Bond-street, livery stable keeper, Feb. 10 at half- 
pa^, Court of Bankruptcy, last ai.~Benjffmin Oliver and 
WWftm Chcdwh^ High wycombe, Buckinghamshire, drapers, 
M. 1 at 1, Court of Bankruptey, last ex. — Abrakam Levy 
>msia« and Jmk» Brtmdtm^ Walbrook-boildfaigs, merchants, 
M.T at 12. Court of Bankruptcy, last ex,-— Samuel Smith, 
Pteap^uwy (Nd^itreet-road, timber merchant, Feb. 21 at half- 
past 11. Court of Bankruptcy, aud. no.; at 12, div.— IKMerl 
J3N9^ WcDa-atreet, CamberwcU, furniture dealer, Feb. 21 at 
II, Cbnrt of Bankruptcy, aud.ac.— IFOIiam Walley, Salford, 
laufiahimi, flour dealer, Feb. 21 at 11, Commissioneni'-roomfl, 
M aa e h aBter, aud. ac-^/oAn Rtmell, Brampton, near Chester- 
irid, DuHiTahira, tailor, Feb. 21 at 10, Commisaioners'-rooma, 
MaMlMtar. awLac.— /oM^pA lAttlrford, High-st., St. Mary. 
le-bone, coachmaker, Feb. 18 at 12, Court of Bankruptey, div. 
^-fl. W,Morpam, Alford, Lincohishire, grocer, Feb. 24 at 12, 
Angel Imu, Brigg, and. ac. ; at 1 , div.—/. AT. Jubber, Oxford, 
wine aMRliant, FA.21 at 1, Lucas's, under the Town Hall« 
Ox&rd, aud. uci at 2, dir.-^G. D, Watte, Great Massing- 
ham, NorlbBt, grocer, March 1 at 2, Red Lion Inn, Fakenham, 
Norfolk, udL ac.i at 3, fin. div.— iZicAartf J2oo^ Warding. 
tta, OtftvMifatf ONper, Feb. 21 At 11, White Lion Inn, 
n sp h u i yf dIv* 



CxmnrioATXt to bb aixowbd, 
VMeH Otutf tAevu to the etmtrmiy, on or hofbro FM. 18. 
WilHam F)rederick Reuee, Liverpool, merchant. — Frederick 
Seldon, Old Trinity-house, Water-lane, wine merchant. 
Fiat Annullko. 
Boiifamm Aarone, Knowles^ot., Docton'-oommons, iuniflr. 

Scotch SBauBaTBATiowa. 
Jamee Morrie, builder. Toward, near Dunoon, Argyleshire. 
— Ji. Roee, tailor, Dalkeith.— jld^mi Irvine, brewer, Whisky- 
houses, near Hawick. 

INSOLVENT DEBTORS. 

Thefollowinp Priaonere are ordered to be brought up btfore 

the Court, in Portuffoi^., on Fridtry, Feb, 16 at 9. 

John Nowlan, Brunswick- street. Black wall, waterman.— 
William Charles Stedman, Bemers-street, Oxford-street, as- 
sistant to a surgeon. — Wm, Ha^ward, Croasfteld-lane, Dept- 
ford, out of business.— JiM9>A Lane, Trafalgar-sq., Stepney, 
clerk to an engineer. — Jamee Langleyt Wdiiber-street, Weat- 
minster-road, ooach spring maker.^iSoraA Ihble, PoUen-at., 
Hanover-square, forewoman to a hosier. — Homy Lewie PraU, 
Grayescod, Kent, chymist — Richard Owerst MilnerVnewB, 
Princes-st., Portman-market, Edgware-road, cabriolet pro- 
prietor. — William John ^ayn««, Twickenham, omnibus pro- 
prietor. — Wm, Greenham, Church-lane, Whitechapel, shoe- 
maker.— 7%om«t Pefwon CoZ/Jn^f, Warren-street, Fiteroy-sq., 
general dealer. — William Cox, jun., Ernest-street, Regent's 
park, baker. 

Feb, 21, at the eame hour and place. 

Rich, Griffithe Wefford, Clock-house, Ashford, and Chan- 
cery-lane, banister at law. — Edward Jackson, Great Ormond- 
street. Queen-square, tailor. — Jerhn Doudney, Bronti-plaoe, 
East-lane, Walworth, Surrey, tailor.— JoAn Haekwell, Tavis- 
tock-street, Covent-garden, out of business.— ^l^rMf Henry 
Wardell, Dartmouth-street, Westminster, clerk in the office of 
the Clerk of Arraigns for London. — John Bridger Palmer^ 
Providence-place, Kentish-town, gold beater.— /antes Murray 
Cowham, Francis-pl., Hoxton, fishmonger. — John Rose, iun., 
Whitechapel-road, dealer in plated goods.— iZ. Fitch, Black- 
heath-hill. Greenwich, carpenter.— lio6er/ Guylott, Old Ca- 
vendish-street, Oxford-street, tailor. 

Court-house, Kikoston-upon-Hull, (TorMshireJ, F\tb, 18 
a/10. 

Geo. Mirfieid, Hull, tailor.— VTm. Ftowerday, Hull, baker. 
— TAe«. R, Coilinson, Hull, out pf business — T^os. Kirk, 
sen., Thwatte, in Cottingham, labouring gardener. — Matthew 
Empson, Hull, out of business. — Wm. Bramhili, Hull, shoe- 
maker. — Wm. Stephenson, Thwwte, Cottingham, labourer*^- 
G. Barnes, Hull, bricklayer.— TTm. B, Jackson, Hull, out of 
business. — Thos, Dixon, Hull, victualler.^^. L. Klingbery, 
Hull, clerk to general commission agents. — R, Westerby, HuU, 
tallow chandler. — Edw, Mace, jun., Hull, out of business. — 
C. Stephenson, Hull, gatherer of and dealer in manure. — Geo. 
Bulmer, sen., HuU, out of business. — Thos, Winn, HuU, out 
of business. — Jos. Walters, HuU, out of business. — Eliz. 
Whitaker, HuU, out of business. 

Court-house, York Castlb, (County), Feb. 21 at 10. 

Thos. Seller, Beetham, out of business.— FTm. Wickiny, 
Scarborough, linen draper. — John Peacock, Middlesborough, 
plumber.— CArit. Langdale, NorthaUerton, chymist.— Gwo. 
WiUon, Heamby, near Helmsley Black-moor, husbandman. 
-^John Salmon, Thalthorpe, near Easingwold, small farmer. 
•^Robt. Newbaid, Thirsk, pubUcan. — John Taylor, Hidon in 
Holdemess, coal merchant.— /oAa Windass, Howden, grocer. 
^Herbert Phillips, Filey, clerk.-V. B, Faster, York Bar- 
racks, near York, private in the Queen's Own 7th hussars. 
Court-house, York, (City), Feb. 21 at 10. 

Nath. Kendrew, Heworib, near York, out of business.— 
/. B, Houison, York, watchmaker.— /o«. Dambrouyh, York, 
brush hawker. — J. Larkin, York, boot maker. — James Hare, 
York, joiner. — George Settle, Walmgate, butcher. — Samuel 
Camidge, York, huckster.^-/. P. Redman, Escnik, near York, 
bricklayer.— 12teA. Dawson, York, out of business. — J. Doll, 
York, joiner.— yamet Nichols, York, joiner.-^ Geo. Cr^t, 
York, carpenter.— iFVmicis Birtles, Sheffield, out of busineas. 
— Harriet Whitehead, Grove^, York, out of busineas. 
Court-house, Wobcbstbr, (County), Feb. 18 at 10. 

/. R. Haffbrd, Shipley-fanBi near Broaiigrove, o«t^ bu- 



ss 



THE JURIST. 



k— T^tot. Areker, WeUnd, hiring out honet to worii on 
tlw Biiminghamuid Gkmoetter railway.— /ot. Norrh, Sptrk- 
brook, Aston, near Birmingham, out of bosinesa. — A, Nail, 
aen., Deihj-end, NeCberton, near Dudley, apade tree maker. 
•— 3nko#. 8. Lambert, Tenbury, out of bnsmett.— /ot. Jeynttt 
Upton-on-Serem, hallier.— «/iw. Smith, Leigh, farmer. — 71 
Brotter, len., Hanley, labourer. — 0. Steomton, Witbermore, 
near Dudley, nailor.— /oAii Utile, Welland, Ubonrer.— fFiw. 
Mrk^en, Dudley, higgler.— riot. Podmore, Beviey, near 
Stttdley, cooper. — John Norton, Cradley, near Dudley, miller. 
— Arnold Jonee, Upton-upon-Serem, larrier.— ZeAn Gueet, 
Redditeh, general shopkeeimr.— 7\ Taylor, Dudley, draper. 

Otmrt^Mome, Wokcbstbb, fCT/yJ, Feb. 18 at 10. 
JBAv. doee, Worocster, tailor.— Gmtm Till, jun., Wor- 
cester, out of bnsineia. — Wm. Btehop, Woroeiter, tailor.—/. 
Merediih, Woroeiter, butcher. 

Cotnri'konee, Hbmvomii, fOomntf), Feb, 21 at 10. 

Wm. Lmnberi, Hereford, watchmaker. — Wm, P, Cowleff^ 
Herefiwd, ovt of bnainem.— /oAa JTiiuey, Warton, Bromyard, 
out of bnsinaia.— fTiw. Coleombe, Lower Bnllingbam, St. 
Martin, kbourer. — Frameie Turner, Hope under Dunmore, 
li*e«rer.— /oAii WoUere, Kington, baker.— 7!to«. WiUiame, 
DiyBRMnEy WaiKMd, innkeeper. 

lyaoLTxiTT DmsTOEa' DivinnNDs. 

JiMf. WhUiam, BMt Retford, upholaterer, Jan. 31, Kno- 
bel's, lincoin'a.inn.flelda: 5f . iM. in the pound.— YF. Fred. 
CteaeOf WheeKer*flt., Spitalfielda, hameaa-maker, Jan. 27, 
Donne'a, Princes-at., Spitalfielda : 3«. 2if. in the pound. 
Mbbtino. 

Jeremiak Boards Worle, SomerKtahin, fiurmer, Feb. 16 at 
3, CoutohoQie, Fdrtngal-st, pr. d. 

The Goait of Common Fleu wiU, on Friday, the 4th 
of Febmsry. and following day, sit for the oispoaal of 
the Paper of New Trials. 

The Court of Exchequer will, on Wednead^^ the 
0th of February, and three following days^ and aleo on 
Wednesday, the 16th, ait for the dlnHMal of the Spe- 
cial ttdSew Trial Papaw. 

Bfaanai nr OBAiraaBT.^Tha fiiUvwtag g i n l l i m en 
kaive been gppaintad Miitiiii Extiaordlnuy in the 
High Govt af ChaMcryr^Thomas Soott, of Broma- 

mre, Waraateiihiie; and Edwin Dudley, of Dudley, 

ITaiBeitenl^e. 



waioei 



TNBMiVSNT LAW AGENCY.— A Gentleman con- 
X awa— tfaihe Flracticeof tbe Court for Relief of Inaol- 
^rcBt Dablon, foding, in many ofiea, profeaiional men baTO 
not thM to defote their attention to the matters of that Court, 
offnra to aeoept erenr description of InaolTency upon Agency 
tenns. The Advertiaer baa been extenaivelT engaged in thia 
d ef W ut Mea t for many yean, and can me high teramonials aa 
to rBspeetaMlity.-*N. B.' By inatmctions being giren prior to 
caatogr, many days' impriaonment may be avoided. Apply to 
Mr. W. R; Buchanan, 8, Baainghall-atreet, and 4, Montague- 
place, Old Kent-road, Attorney of tbe Court. 




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s^ 



)V 






No. 265. 



FEB. 6, 1842- 



With Supplement^ 2t> 



T%B /hR tKm § mte ike Namet of tks Otntlemm toftp favour The Jurist with Rq>orts o/Ckuei aryusd and 



decided in the several CeuirU of Law and Eguiiy: — 



*■ iif Ij ilU rs. T. Hood, Eiq. of the Dmer 

SOTBvi^w -j^ T«npte, BwrittwttLtw. 

B !_ _ r - /Tenisok BDWAmoSy Esq. of the 

"^^-•■■^ \ Inner Teinple,Bcrrister at Law. 



of CflBBBOiiB Eleo- 



rA.v. 



KiKWAir, Eiq. of Graj't 
Barrister at Law. 
ne Lord CaMnoeDor's fE. T. Hood, Esq. of the Inner 
Omt 1, Temple, Banister at Law. 

ai tlM Rt Hit Cout/ ^" ^' ^P**?**' ?*<!• <rf_^c Inner 
L 



Cbvt 



{E. Kbmpsok, Esq. of the MiddU 
Teinple; and 
6. J. P. Smith, Esq. ofthaliMr 
Temple, Barristers at Law. . 

Qnecn'sBenchBailConrtl^^- ^^^Zt^' ^^' ^ ^^** 
«tiiocasociii»x»u\Amri.| Inn, Barrister at Law. 

Conrt of Common Pleas /^'^^^""S^iL'^;^^^ 
xAmn w vunuDQu ir««-^. ^^^,^ lnn,*Banfiatar at Law. . 



Court of Ezcheqner . 



Temple, Barrister at Law. 
of Eng- TTknison Edwards, Esq. of the 

\ Inner Temple, Barrister at Law. 

Brace's f W. W. CooPBft/Esq. of the Inner 
....... \ Temple, Barrister at Law. 



|! 



r W. M. Bb8t, Esq. of Gray's Inn, 
\ Bairister at Law. . 

Ecclesiastical and Admi- fDr^R. Prillxmobb, of Doetora' 
raltyCowts \ 



LONDON, FEBRUARY S, 1842. 



OvM,wmkn will hat« obaerred, in the last Number 
«CThb Jubist, (p. 22), a statement by a Gorrespondenty 
thii senial of the most distinguished Conveyancers act 
OB lbs inibty whether trustees for sale, selling under 
mfaietiw conditions, do not commit a breach of trust, 
ssArjtlinjaetatonce titles submitted to them by 
fmekmen vndar such contracts. 

We bdwre our eorrespondent is right In staling, that 
ssme esiMnt Ccmv^yancers have adopted the practice 
of takhig sodi an objection to titles, but on what ground 
ofaathotHyor xeaaoniiig so sweeping and general an 
etgaetioii is to be supported, we do not understand. A 
psiat, of the kind under discussion, arose in a late case, 
(Birfiaw T. Befl^ 2 Beav. 17)9 in which a mortgagee, 
vidi a f9vnt of sale, sold the mortgaged property under 
ipml conditions of sale, one of which was as follows : 

" Re Tandor shall dclirer an abstract of title to the 
pvdMKT, or bis solicitor, within two days of the day 
of nls^ to the etock in question ; and all and every ob* 
JKtka to the title shall be made and communicated in 
WQ^ to the vendor^s solicitor, within twenty-one 
i^ftmr.t]»e d^very of the abstract; and if the same 
Ve isaadrvdidy the v^or shall be at liberty to rescind 
the ooBtaaBi on returning to the purchaser his deposit 
BMoey; but all and every objection to the title, not so 
taken nd oommunicated within such period of twenty- 
Ms days bom. the delivery of the abstract aforesaid, 
Ml he deemed waived; and, in this respect^ time shall 
lis c ei Mi daed the essence of Uie contract." 

Ob an objeetion being taken, that this condition 
«is to depredating as to amount to a breach of trust, 
the court held that it was not so. The case relied upon 
ia support of the objection to the title, in Hcbson v. 
Mm*case of (Mv.iVbe/;(5Madd.4S8). That 
wnacsR, in which the property sold was vested bvthe 
ii f iM lant In trustees for sale, on trust to pay a debt to 
Vol. VL D 



a creditor of the defendant's father; and, snbjeet tiiste* 
to, to pay the proceeds to the defendant. The tnsstesB 
for sale employed, to conduct the sale, a person who was 
the solicitor of the creditor; and although, at the sale, 
the father of the defendant gave notice that the sak^ 
would be impeached by him, and although the auc^ 
tioneer employed had advised, that, for the purpose of 
obtaining a good price, the estate should be sold in lots^ 
yet, notwithstanding the notice, it was sold, under the 
direction of the Solicitox's deik, and in one lot, and that' 
on the suggestion of the creditor and his friends, the 
creditor being the only bidder. The evidence shewed, 
that the only reason for thus pressing on the sale, was, 
that the creditor was anxious that money should be 
raised. On this state of things, the yice-Chancellor held, 
that there had been great improvidence on the part of 
the trustees ; and refused to decree specific performance. 
All that was decided, therefore, in this case, was, that 
the particular dreumstances amounted to a depreda* 
tion, of which, indeed, there could be no doubt; that a 
sale by the agent of trustees for sale, conducted with a 
gross disregard of the interests of the cestuis que trust, 
and an exclusive attention to the wishes of a client of 
the trustees' agent, having an interest adverse to that of 
the trustees, was such a sale as amounted to a breach of 
trust; and that, under such dreumstances, the court 
would not help the purchaser. But the case of Ord v. 
Nod has, obviously, nothing whatever to do with the 
question, whether the mere fact of selling, under re- 
strictive conditions, by trustees, is sudi a depreciatioa 
as to amoont to a neglect of duty on their part Lord 
Langdale's decision in Hobeon rl Bell goes no £uther, 
directly, than to pronounce, that the particular condi- 
tion before him had not such a depredating efleot. The 
inference from his Lordship's decision is, however, that, 
if the condition had been sufficiently depreciating, he 
would have hdd it a defect of title; and ne, therefore, 
reduces the question to one of fact, whether special con« 
ditions of sale are or are not bon& fide depredating? 



THE JURIST- 



NoWy it may be questumed, we ihiiik» whether any 
restrictlye conditions of sale can be shewn to be actually 
and boniL fide prejudicial to the sale. If^ by being pre- 
judicial, is meanty simply, reducing the amount that 
will be offered for the property put up for sale, there 
can be no question, that any materially restrictive con- 
dition of side will have that ^lect. But it should be re- 
collected, that such a reduction of price is merely an 
expression in money of the amount of defect or difficulty 
under which the title labours; and it has simply the 
effect of imposing at once, and by means of the contract, 
C1X the vendor, aome pecuniary loss, instead of leaving 
him to incur it, and probably, to a greater extent, at 
» £ii]t«ie paiiad when the de&ct shall have been dis- 
oovered. 

. Suppose that there is reaUy some defect of title, not, 
of course, going the length of a positive and insurmount- 
aUe blot on it as a holding title, but rendering it more 
or kas uuBarketikhle ; if a vendor puts such a title 
into the n«rket» without special conditions, it is ob- 
viousy that, though he may obtain a purchaser at the 
4dl apparent value of the property, yet, wh^ the titje 
comes to be investigated, he will be eompdled either to 
yelease the purchaser wheUy from his contract, or to 
make an adequate deductiion. 

6u]^»oee, ea. the other head, the speeial conditimi not 
to relate to any aetnal Uoi on the title, but merely to the 
^uealioa who is to hear the eocpenae of fully deducing and 
Terifyiiur such title, as the vendor shews upon the ab- 
stract. This is the point nosed by the resolution of the 
Birmingham Law Society. It is obvious, that such a con- 
dition would never be inserted, except where, from the 
nature of the cadences of title, the expense of deducing 
and verifying the titia, whether arising horn the produc- 
tiomof deedsorofeopiesi^deeds, or &obi the evidence 
strictly xequialte to establish particular facts, would 
cauae an expense excesave in amount. If the vendor 
did not protect himself by restrictive conditions of sale, 
a^painst such expense, he might, it is true, obtain a 
higher nominal price for the property; but, it is quite 
^ dear, that the nrplus, which he would receive with one 
' hand, he would have to pay out with the other. Indeed, 
it might frequentiy happen, that the advance of price 
would fall veiy &r short of the expense to which tiie 
vendor would render himself liable, in the endeavour 
not to damp the sale. Sir Edward Sugden mentions a 
case. In whteh Aa eExpenee of attested copies of deeds, 
whidbi would of oemaa &11 upon the vendor, if Uiere 
were no i^edal stipulation, exceeded 2000/. (1 Vend. 
Ik P. 38). The result of special stipulations^ where 
there is some defect or difficulty attending toe tiUe, 
is probably, in general, a savins to both parties; at 
any rate, it is advantaaeous to tne seller, who gets a 
higmer price than he otherwise would do, because of the 
well-kaown diqiorition of piurchasere rather to under- 
astimate than ovexestimate, in their calculations of 
value, the drawback of a &ture and contingent evU. 
Whatever, therefore, may be ilie effect upon purchasers, 
we cannot conceive a case, if there be any defect of 
title, in which it would be prejudicial to the vendor to 
sell under fecial conditions as regards such defect. 

It seems to us, that, in every imi^^ble case of this 
nature, it is nothing more on the part of the vendor 
than a contract to sell at a less price than the apparent 
value of tiie estate, — the difference beii^ regulated by 
a calculation, which prsctice must render tolerably cer- 
tain and accurate, of the value to the vrador of selling, 
and selliiu: at <mce ; and the loss to the purchaser aris- 
ing out of the contingent danger and expense to which 
he reA4ec» )m9M Uable. 



COPYHOLD COMMUTATIONS AND ENFRAN- 

CHISEMENTS, UNDER THE 4 & 6 Vict. c. 36. 

COotUinued/rom p. 17). 

I. CoMFULBO&T Commutations. 
2. GonsideroHan ofikt CommukUion. 

The equivalent which is to be given to the lord in 
exchange for the commuted rights, may assume either 
of two forms. It ma^ either be an annual sum pay- 
able to him by way of rent-charge on the land, w it 
may be a fine payable to him on the death of the 
tmant, or the uienation of the te n e men t, or at some 
fixed periods which shall be ascertained by the agree- 
ment of the parties. 

RetO-Ckarife*'] — ^We have already seen in what man- 
ner the amount of the entire rent-charge for the whole 
commutation, or the amounts of the i^portioned roit- 
chaiges for the separate lands, are to be fixed either by 
the terms of agreement itself, or by the estimate of the 
valuers; and now the amounts of the separate rent- 
charges ma^ be left subject to an increase or diminu- 
tion, at a given rate, in certain specified events. In the 
latter case the schedule of app<NrtionmaBt, as wdl as the 
agreement, should specify the rate of the increase and 
diminution, and the events on which it is to take place. 
(Sects. 14, 37). 

Where the amount of the apportioned rent-charge 
exceeds 20if ., the annual sum payable to the lord is to 
be valued and variable with the price of com in the 
same manner as the tithe rent-charge. For this pur- 
pose, the amount fixed by the apportionment is to be 
considered as laid out, in equal tlura parts, in the pur- 
chase of wheat, barley, and oats, at the prices men- 
tioned in the act, and ascertained by the average oi the 
seven years next preceding the passing of the act. The 
number of bushels of the several descriptions of corn, 
which might thus be purchased at those prices, will 
constitute the permanent amount of the rent-charee. 
And the annual sum payable to the lord will be the 
value in money of that number of bushels of each kind 
of com at the prices ascertained by the seven years' 
avera^, as published under the Tithe Commntation 
Act, m the January next preceding the time of pay- 
ment. (Sect. 36). 

The rent-charge is to commence in general from the 
1st January next after the confirmation of the appor- 
tionm^it; and the first payment to be made on tiie liA 
July following. (Sect. 36). But the eommencemeai 
may, in certun cases, be deferred by the agreement of 
the parties, or the order of the commissioners. ^ This 
nrovision is especially framed with the intention of 
racilitating the arrangement and obviating objections, 
where a tenant, and, in particular, of copyhdids for 
lives, has already paid his fine on admission, and the 
justice of the case requires, that he should be con- 
sidered as discharged mm the obligations of his tenure, 
till the recurrence of an occasion for the payment of a 
fine. With this view the parties are enabled by the 
terms of the agreement to provide, that the apportioned 
rent-diarge shall not commence till the period of the 
next aet or event <m which the fine or other oonunuted 
rifi^ht would have become due and payable. (Sect. U). 
This provision, indeed, is confined to the ^portion- 
ment m respect of lands, the tenant of which is a party 
to the agreement. But the commissioners have a dis- 
cretionary power of deferring the commencement of the 
rent-charge, in any such case, whether expressly com- 
prised in the agreement or not. (Sect. 23). And in 
order to facilitate the due performance of tnis part of 
the commissioners* duties, the valuers are required to 
state in their schedule of valuation the narticular cases 
calling for the exercise of this power. (Sect. 282. And 
in these cases the entire rent^chaige, bdng at nrst less 
than its full ammint, will be proportionawy increased, 
u^ien the i|p«(Bified pmod arrives. 
2 



THE JURIST. 



SI 



The TCnt-chaige is to be considered as charged upon, 
and iaraiiig out of, the particalar lands in respect of 
which it is apportioned ; and is to be payable oy two 
hal^yearlv paymentsy on the Ist July and Ist January, 
to the lord of the manor mentioned m the schedule of 
apportionment. (Sects. 31, S6). 

If the lord has only an estate for life, or other limited 
ioterest in the manor, that circumstance is to be taken 
into consideration for the purpose of determining whe- 
ther the whole, or what portion of the rent-charge is to 
be paid to him, with a due regard to the rights of the 
persons entitled in remainder. (Sect. 28). 

To meet the case of the death of the lord in the 
middle of a half-year, the provisions of tlie act for the 
apportionment of rents, (4 & 5 Will. 4, c. 22), are ex- 
tended to the rent-charges under this act, rendering 
payaUe to his personal representative a proportionable 
part oC the annual sum for so much of the current half- 
year as shall hare then elapsed. (Sect. 50). 

The rent-charge, if paid by the occupier, is to be de- 
dncted ^m his rent in account with his landlord. 
(Sect. 45). If, however, the proposed rent-charge ex- 
ceed the amount of the rent paia by the occupier, the 
kodb may, on his representation to the commissioners, 
be exempted from tne provisions of the act, unless the 
tenant on the court-roll give security for payment satis- 
feeiofy to the occupier and the commissioners. (Sect. 46). 

The rent-charge, if in arreor, is to be recoverable by 
dtoess and entry, and perception of the rents and pro- 
fcis, in the same manner as tne tithe commutation rent- 
chu«. (Sects. 47, 48, 49). 

When the commutation is for a rent-charge, it is to 
be aecompanied by a small fine of a fixed amount, not 
exceeding 5«., which will remain as a badge of the 
tcnnre, and be payable on death or alienation, in re- 
ipeei 1^ each tenement ( Sects, i 4, 28) . 

IteJ}— The commutation may also be in considera- 
tioo of a fine payable in respect of the several lands. 
Its amomt may either be fixed by the original agree- 
Jnen^ or left, subject to increase or diminution by the 
Talaef% after a certain rate. And it is to be valued in 
bodiels of wheat, barley, and oats, in the same manner 
as the rent-chai|;e; and variable according to the prices 
of grain asoertamed by the seven years* average pub- 
liaiwd next preceding the time of payment. (Sects. 
15,36). 

It may be made payable either on the death or alien- 
ation of the tenant, or at some certain periods fixed by 
the agreement. (Sect. 15). And it is to be payable to 
the lord of the manor mentioned in the scheaule of ap- 
portionment. (Sects. 31, 36). 

The lord is to have the same remedies for the, recovery 
of the commntation fiues, as he now possesses by law 
for tlie recovery of fines on death or alienation ; (Sect. 
36); and, in addition, he is empowered to pursue the 
like remedies as are authorized for the recovery of fines 
walile on the admittance of infants, femes covert, and 
Vniate^ under the 11 Geo. 4 & 1 WUl. 4, c. 65, s. 3. 
(Sect 53). 

^ The mode of commutation for a fine is not so exten- 
sively qiplicable, nor is likely to be so frequently adopt- 
ed, as mat of commutation for a rent-charge. But, in the 
ease oi copyholds for lives, to which it is more particu- 
lariy adapted, it would have the advantage of substitut- 
ing a determinate payment that may be provided for 
with certainty, and variable only with tne prices of 
^ricultnral produce, for an arbitrary and fluctuating 
impost that operates most injuriously as a check upon 
imjraovement. 

The one kind of commutation may be substituted 
for the other by a supplemental agreement ; and the 
payments of either class may be increased, or the one 
mtroduoed in addition to the other, by a supplemental 
omimnti^on of manorial rights not incluaed in the 
Qtiginal commutation. (Sect. 54). 



3. StthjeetoftkeChmmuiatwn. 

The manorial rights, which may be the subject of & 
compulsory commutation, are, as already mentioned^ 
rents, reliefs, and services, except service at the lord's 
court; fines, heriots, and pecuniary compositions for 
heriots; the lord's rights m timber; and, if expressly 
mentioned in the agreement, hb rights in mines and 
minerals. (Sect. 13). 

Any other rights cannot be comprehended in a com- 
pulsory commutation, as such ; but they may be in- 
serted in the commutation, with the consent of all 
persons interested, or may be made the subject of a vo- 
luntary supplemental commutation. (Sect. 82). 

And these rights, which may be the subject of com- 
mutation, may be rights in respect of any lands holden 
of the manor, either by copy of court roll, or by the 
custom of the manor, or in ancient demesne, or subject 
to any manorial rights ; and, whether held in fee, or for 
lives, of for years. (Sect. 102). 

4. Effect of the OommtOatum. 

Tlie effect of the commutation will be, that the lands 
vriVL thenceforth be discharged from the rights above- 
n^entioned — ^the lands either within the whole manor, 
or the particular portion of a manor, when divided by 
the commissioners; and the lands, not only of tenants 
who are parties^ but also of those who are not parties to 
the agreement. And, in lieu of such commuted rights, 
the rent-charge, or the fine, apportioned in respect of 
each tenement, will, in future, oecorae payable. 

The lands will, however, after the commutation, re- 
main parcel of the manor, and continue to be held by 
copy of court roll, and to be conveyed by surrender and 
admittance, or otherwise, as before the commutation. 
(Sect. 79). But they will cease to be subject to cus- 
toms of borough English and gavelkind, or to any other 
customary mode of descent, or to any custom relating 
to dower or freebench, or tenancy by the curtesy; and 
will thenceforward become subject to the laws of de- 
scents, dower, and curtesy, affecting freehold lands; 
saving the custom of gavelkind in Keni; and saving 
also, in the case of curtesy, dower, or freebench, the 
rights of any husband or widow, married before the 
confirmation of the commutation, or of the husband or 
widow of any person who shall be tenant of the manor 
at that time. (lb.) 

5. Expemea of the Commutatum. 

The expenses of the proceedings for effecting the com- 
mutation are to be paid by the tenants, or the tenants 
and the lord of the manor, as the parties shall provide 
in the agreement, subject to the approbaUon of the 
commissioners, (sect. 14), or as the commissioners shall 
direct. (Sect. 65). But if no such provision or direc- 
tion be made, the expenses will be payable, either by 
the tenants done, or by the lord and tenants; and in 
such proportions between them, as Is directed by the 
3(Hh section of the act. 

The valuers, if so instructed by the commissionerB, 
are to apportion the expenses amongst individual par- 
ties. (Sect. 28). And any dispute, as the amount or 
incidence of the expenses, is to be decided by the com- 
missioners, (sects. 30, 65), who are to certify under 
their hands the amount to be paid by any person. And, 
if not paid accordingly, they may be recovered by dis- 
tress, (sect. 65), or, upon iailure of that remedy, by 
action at law against the party liable. (Sect* 66^. 

We have abready seen, that the person admitted on 
tlie court roUs is the tenant who is to be dealt with 
under the act. And, if he be not himself beneficially 
interested, he is empowered to recover, by distress or 
action, against the eouitable owner, any expenses with 
wMch he may be cnaiged, in respect of the lands of 
which he is the legal tenant. fSect. 67). Or. if paid 
by the occupier, they may be deducted from his rent* 
3 



32 



m 



THB JURIST. 



between him and his landlord, in tli« «une manner as 
payments of the rent-chai]^» (Sects. 45, 67). 

Parties having limited interests, either m the copy- 
holds or the manor, who pay the expenses of com- 
mutation, are enabled, with the consent of the commis- 
sioneis, to chai^ the amount on the inheritance. 
(Sects. 68, 69). 

II. VOLUKTART CoUHUTATIOirS. 

Besides the commutations oompulsoiy on the mino- 
rity of the parties interested, the act prorides also for 
commutations of another kind, which we have distin- 
guished by the denomination of vo/tmtoiy commutations. 
These are voluntary on the part of aU persons uime^ 
diatefy interested, and are binding only on such of them 
as actually become parties to the transaction. But they 
may be effected by parties having only a particular 
estate, or a limited interest, either in the manor or in 
the copyholds; and will be bincHn^ on the persons en- 
titled m remainder or reversion, if notice be given to 
such persons in certain cases where it is required. 
(Sect. 52). 

The agreements for these voluntary commutations 
cannot be entered into, without the consent and sanc- 
tion of the commissioners. (Sect. 62). But no pre- 
liminary meeting of the parties is necessary to their 
validitv. 

With regard to the mode of proeeedif^^ the agree- 
ments for these voluntary commutations^ may, for pur- 
poses of practical convenience, be described as of three 

1. A^eemmOs with a Hnffle Tenant: in whick com, it ia 

obmotu, that no Apportionment m required. 

2. Agreements with two or more Tenants, containing a 

Schedule of Apportionment. 
If any number of the tenants of a manor can agree 
among themselves, not only as to the gross amount to 
be paid to the lord in respect of their aggregate lands, 
but also as to the particular sum to be chaiged on each 
tenement, this appwtionment may be embodied in the 
agreement, or annexed to it, in the form of a schedule; 
and the transaction will thus be completed and brought 
to a oondiision by the agreement itself, without any 
necesdty of resorting to subsequent valuations, appor- 
tionments, or other supplementary proceedings. This 
is, evidently, the most advisable course of proceeding, 
wherever it can be adopted; and that which is particu- 
larly recommended by the commissioners, as preventive 
of the expense, delay, and trouble likely to occur, where 
the apportionment is not included in the agreement, 
but left to be determined bv an ulterior process of in- 
vestigation. And this method may be pursued by all 
the tenants of a manor, where they can agree, as well 
as by any portion of them ; and thus, a general or ma- 
norial commutation be effected in this manner, as well 
as a partial commutation. 

3. Agreements with twelve or more Tenants, not contain^ 

ing a Schedule of AppoirtMinment. 

If as many as twelve persons, oeing tenants, or all the 
tenants of a manor, enter into an agreement with the 
lord for commutation, and the agreement does not in- 
clude an auportionment, the commutation may be com- 
pleted in the following manner: — ^A schedule of appor- 
tionment is to be drawn up by the steward of the 
manor, and sent by him to the commissionerB, and 
passed by them through the same steps of inquiry and 
examination as an apportionment made by valuers, ex- 
cept that the commissioners cannot make any amend- 
ments or alterations in it, but with the consent of the 
parties; and, when completed, it is to be confirmed 
under the seal of the commissioners. (Sect. 62). 

Besides an apportionment of the rent-charge or other 
consideration of the commutation, a voluntary commu- 
tion, like a compulsory one, may include in its t«rm» 
an apportionment of the expeoflss, and a scale of leas to 



be in future ]^yable to the steward, with a due v^gard 
to hb vested interests or just expectationa. (Sect. 62). 

The tiuH^ecit of a voluntary commutation may be not 
only the manorial rights to which a compulaory agree* 
ment extends, but any other rights whatever expresaly 
included in the element. (Sects. 62. 82). 

ITie eomManOium of a voluntary, like that of a com- 
pulsory, commutation, may be either a rent*chaige va- 
riable with the price of com, and accompanied with a 
fine certain, not exceeding hs.; or a fine on death or 
alienation ; and the period of payment may he deferred, 
or the amount made subject to inereaae or dirainationy 
in specified events^ according to the tenoB of the agree- 
ment. (Sect 62). 

Besides an agreement comprising a schedule of apoor- 
tionmmit, and a sehedule of apportionment prepared by 
the stewards, the act provides^ that i}b»form or the in- 
strument by which the commutation is effected, may, 
with the consent of the commissionen^ he either that 
of a conveyance, such as might be employed for the 
purpose if the lord were seised m fee, or that of an 
a^neement entered on the court rolls of the manor, 
with a copy thereof delivered to the tenant. (Sect. 62). 
The two latter forms seem more particularly adi4>ted 
to a commutation by a single tenant, or a small number 
of tenants with common or connected interests. The 
agreement has this advantage over a deed of G<mvey- 
ance, that the former is exempted from stamp duty, as 
also is a schedule of apportionment. (Sect. 93). 

III. Enfranchisements. 

The principal obstacles that have hitherto impeded 
the enfranchisement of copyholds, arise in those cases, 
where either the lord of the manor, or the copyhold 
tenant, has onl^r a partial interest in the manor or the 
copyhold ; for, if the lord be onlv tenant for life, and 
affect to enfranchise, his act will not be binding en 
those entitled to the manor in remainder or reversion. 
In order that he may effect an absolute enfranchise- 
ment, be must be seiaed of the manor in fee, or be in- 
vested with a power to enfranchise reserved to him by 
such an owner in fee-simple. On the other hand, al- 
though an enfranchisement taken by a copy holder who 
has only a particular estate, enures in equity for the 
benefit of the remainder-men, ^et it occasions the in- 
convenience of leaving in his heir-at-law the legal estate 
of inheritance in the freehold; and the incoiiTeoieace 
is aggravated by the want of any determinate standard 
or summary process for adjusting the proportion in 
which the consideration and expenses of the enfranchise- 
ment are to be borne by the seveial snccesscnB in the 
ownership. 

Besides this, it becomes necessary, and is the general 
practice, on a future purchase of the enfranchised estate, 
to investigate, not only the copyhold titie, but also the 
titie to the manor, that the lord may be shewn to have 
had such an estate as enabled him effectually to enfran- 
chise. And this practice is additionally authorized by 
the opinion that prevails, that a copyholder, accepting, 
enfranchisement, brings upon his estate the charges and 
incumbrances affecting the manor. 

The act attempts the removal, or the alleviation, of 
these impediments to voluntary, lor it does not contem- 
plate any compulsory, enfranchisement. For this pni^ 
pose, it contains provisions for enaUing the lord and 
tenant, whatever may be their respective interests^ to 
make and accept enfranchisements, with the coosent 
and under the general control of the commissioners, 
(sect. 66); for the distribution of the oonsidsntion 
paid for enfranchisement, amongst the pereons succes- 
sively interested under the titie to the manor, (Ss.7d^ 
75) ; and for deferring the payment of any portion, or, 
in some cases, of the whole of the prlndpal of the con* 
sideration, where the circumstances of the ct^yhold title 
in justice require it. (Saota. 60«.*a3). (It mmover 
4 



THE JURIST. 



88 



J thai the enfnuichiiwd lands shall be held under 
the oapjhald title, ** and shall not be subject to any es- 
tates liirhtfl^ titles^ interests, or incumbnuiGes affecting 
themMor." (Sect. 64). 

We hftTB said, that the enfranchisements contem- 
plated by the act are altogether voluntary on the nart 
ef the penooa who efiect them. But the methoa of 
woeeediiif^ in the enfranchisement, and the instruments 
W which it is carried into effect, approximate closely to 
those onployed in compulsory commutations, if the en- 
lit in hand is of a certain comprehension and 



For, if the tenants who are parties to an enfrancluse- 
mcnt be less than twelre, not being all the tenants of 
the mBiM»v the enfranchisement is to be effocted by such 
a deed of conveyance as might be adopted for the pur- 
pese, if the lord were seised in fee, (s. 67) ; and sucn an 
metrumtnt would be liable to stamp duty in respect of 
the iatsBest of each tenant. 

fiot, if the tenants who are parties to the enfranchise- 
ment aoMNuit to twelve or more, or, being less than 
twelve, are all the tenants of the manor, the enfran- 
chisement may be effected by a schedule of apportion- 
neat, resembling that used in commutations. This 
scheihile may eiuier be the subject of specific agree- 
meat between the lord or tenants, or, if it be not agreed 
mpga between them, it is to be pxepsml by the steward 
of the manor. (Sect. 66). 

la thia caae, therefore, the instrument of enfranchise- 
Bient will take one or other of the following forms : — 

L An fl^greement embodying, or referring to, an an- 
nextd adiednle of apportionment. 

IL A achedule of apportionment alone, as agreed upon 
by the parties. 

IIL-— L. An agreement for enfiranchieement between 
the lord and tenants, without a schedule. 
2. A schedule of apportionment prepared by 
the steward. 

And, whether an agreement combined with a sche- 
dale, or a schedule alone, it will be exempt from stamp 
dtttf. (Sect. 03). 

'Ae apportionment, on the basu of which the sche- 
dule is feanaed, may be made, either by the parties them- 
selves, in their original agreement, or by valuers, to be 
sppointed by them. In the latter ease, the whole pro- 
eesB of ]nve8l%ation, directed in commutation appor- 
tioomcnts, ia to be followed as fiir as it is applicable. 
(Seci.fi6). 

Notice of the intended enfranchisement is to be given 
to the persons entitled in remainder or reversion to the 
inheritanee of the manor or copyhold ; and, in case of 
disMnt on the part of such persons, the commissioners 
have the power of withholding their consent. But, if, 
upon finraier inquiry, the commissioners are satisfied 
that there is no sumcient ground of objection to the 
ewfranrbiafrnmit, they may, notwithstanding such dis- 
KDt, aUow the enfranchisement to be completed. (Sect. 
56). It appears, therefore, that enfranchisements under 

the act, wough voluntary on the part of the persons 

immrdiately concerned, may, nevertheless, be compul- 
amy with respect to persons having vested interests in 



( the apportionment of the sums to be paid by 
each tenant, the schedule is to contain statements of 
the periods wdien they are to be paid, either the whole 
or part only, or with interest in the meantime, accord- 
ing to the adjustment of the commissioners; and also 
of the amount of compensation provided for the steward, 
and the proportions in which it is to be paid. (Sect. 66). 

The scheoule, if approved of by the commissioners, 
IS to be confirmed bv tliem under their seal; but they 
cannot make any alterations or amendments in the 
schedule without the consent of the parties. ^Sect. 56). 

A copy of the schedule is to be deposited with ibe 
steward, who ia to indorse on it memoranda of the pay- 



ment of the apportioned sums, which will be a saffi-* 
cient discharge to the parties making the naymeaU 
(Sect. 78}. 

After tne completion of the enfranchisement, either 
by the confirmation of the ^portionment, or the exeou- 
tion of the conveyance, as tne case may be, the lands 
enfranchised will become in all respects of frediold te- 
nure, saving, nevertheless, to the tenant, hb rights of 
common, and so as not to affect any limitations by set- 
tlement or will, to which they may be subject, nor 
any mortgages, which will become mortgages for a eoir* 
responding estate of the freehold, except that the charge 
on the lands for the consideration money is to rank as 
a first mortgage, (Sects. 70, 71* 72), to the priority of 
which the mortgi^ges previously existing wul be sob« 
ject. (Sect. 81). 

We mav observe, in conclusion, that, in proceeding 
either witii a commutation or enfranchisement, a party 
under a legal disability, having no constituted legal re- 
presentative, may act by a person appointed by the 
commissioners. (Sect. 11}. And when either the lord 
or tenant is under a disability, or has only a limited 
interest, it will become the duty of the commissioners 
to protect the interests of the expectant or reversionary 
proprietors; and, in such cases, before confirming the 
commutation or enfranchisement, the commissioners will 
require information, both of the value of the property, 
and the nature of tne incidents to which it is subject; 
and, for that purpose, will require certain returns^ 
(blank forms of which have been issued by the com- 
missioners), to be made to them by the steward and ^ 
regularly appointed valuer. B« 



CONSTRUCTION OF THE WILL ACT. 
CConiimued /ram p, 2bJ , 

2. Signing at the foot or end. 

A will being written upon two sides of the same 
paper, the testator si^ed his name at the bottom of the 
first side, and his sispature was attested by two wit- 
nesses. That side of the paper ended with an unfin- 
ished sentence, and the will concluded on the second 
side, *' dated this 11th of April, 1838;" but there was 
no signature there. The will was dearlv void, as not 
being ugned ^'at the foot or end thereof, according to 
the requisitions of the 9th section of the act. (/» the 
Goods of Milwardy deceased^ 1 Curt. 912). So, liker 
wise, where the t(»tatrix had signed her name in the 
fnor^'n of the will, probate was refused on motion. (/• 
the Ooods of Judith Wakding^ 5 Jur. 1164). In some 
other cases^ however, the Prerogative Court has ad- 
mitted a laxity of interpretation with re^rd to this re- 
quisite, inimical to the purposes therein proposed by 
tne R^ Property Commissioners, of putting an end to 
imperfect and informsl testamentary papers. For in- 
stance, in a case in the present term, where the will 
was written on the front sides of two sheets of paper, 
and the writing covered the paper close down to the 
end of the second side, so as not to leave room for the 
signature of the testator and the attestation ; and the 
testator signed his name, and the witnesses subscribed 
an attestation, at the bottom of the third side, or back 
of the second sheet ; the will was, nevertheless, admit- 
ted to probate. {In the Goods of Carver^ ante, p. 40). 
In this case, the will was written on a printed paper of 
instructions for making wills conformabl^r to the new 
act ; and the court remarked, that such printed papers 
frequently misled testators. 

la another case, where a will concluded thus: — 
^' Signed, &c., by me, the testator, [IVftotor'f signatureA 
" In the presence of us, [ Witnessed wbscriplions.'} 

" And I hereby appoint A. B. and C. D. executors." — 
the court did not treat the will as void by reason of 
the signature not being at the foot or end ; but consi- 



84 



THEJURIST. 



dered this appointment of executors, written under the 
sienature of the testator,' as not forming part of the 
will, and allowed adnunisti*ation with the will annexed 
to pass to the residuary legatee, without the clause ap- 
pointing the executors, upon their consent. (In the 
Goods of Howelly deceased, 2 Curt. 842; S. P., In the 
Ooods of Warden^ deceased, 2 Curt. 885). Again, 
where a will concluded with the following attestation 
danse, in Uie handwriting of the testatrix: — 

** Siened and sealed as and for the will of me, Eliza- 
beth Woodington, in the presence of us, 

''IJFitnesses.y 
Sir Herbert Jenner obserred : " The deceased, by plac- 
ing her name where it stands, seems to have intended 
that it should answer the purpose of a description, as 
well as of a signature ; and sucn signature being at the 
foot or end of the will, and the will being written by 
the deceased, and acknowledged by her to be her will, 
in the presence of two subscribing witnesses, I think 
this is a sufficient acknowledgment of the signature to 
satisfy the provisions of the statute." {In tM Ooods of 
Woodingtony deceased^ 2 Curt. 824). 

8. SlQNIKO WITH A MARK. 

The Stat. 1 Vict. c. 26, s. 9, does not say that the 
name of the testator shall appear at the foot of the will, 
and signing with a mark was considered a sufficient 
signing under the Statute of Frauds, even where the 

r!8on was able to write. ( Toj^lor v. Dening, 8 Nev. 
P. 228; S. C, nom., BaJcer v. Dening, 8 Adol. & 
£11.94). Aoeoiiingly, In the Goods of Bryccy deceased, 
(2 Curt. 825), where the will was signed by a mark, 
without the name of the testatrix appearing in any part 
of the instrument; and , the manner of siraature was 
sufficiently accounted for by affidavit, the testatrix 
being ill at the time, and the paper was identified as 
being the will of the deceased, it was held, that this 
was a sufficient signing within the Will Act. 

4. SlONINO BT AirOTHBR FOR THE TESTATOR. 

The statute allows a will to be signed for the testator 
by another person ; but it does not say that the signa- 
ture must be in the testator's name. And where a tes- 
tator, who was too ill to sign his will, requested another 
person to sign it for him, which he did, not in the name 
of the testator, but in his own name, the court inclined 
to the opinion that this was a sufficient compliance with 
the act. (In the Goods of Clark, deceased, 2 Curt. 829). 
However, the most correct and safest course appears to 
be for the amanuensis to sign the testator's name, with 
a mention in the conclusion of the will, that he did so 
in the presence and bv the direction of the testator. 

In a recent case before the Prerogative Court, it hap- 
pened, that the person who signed the testator's name, 
at his request, was one of the witnesses who attested 
the execution of the instrument. Upon this, Sir Her- 
bert Jenner observed : '* All that the act requires is, 
that the will shall be signed by the testator, or oy some 
person for him, in the presence of two witnesses, who 
shall attest the same ; there is nothing which prevents 
the person making the signature for the testator being 
one of the witnesses to attest and subscribe the will;'' 
and was of opinion, that this was a good execution un- 
der the act. (In the Ooods of Bailey, 1 Curt. 914). We 
must, with all submission, beg leave to question the 
soundness of this decision ; for, as a learned commenta- 
tor upon the act has remarked, (H. Sugden, Law of 
Wills, 38), " it could not be the intention of the legis- 
lature to require the testator to acknowledge the signa- 
ture of his will by another person, to the very person 
who had signed it for him." But there seems to be no 
objection to the amanuensis being a legatee or devisee 
under the will. 

5. ACKNOWLEDQUENT OF TUB SIGNATURE. 

Jt }u|9 sometimes been supposed, that the word '* ac- 



knowledged" refers only to a signature when made for 
the testator by another person; but the opinion re- 
ceived in the Prerogative Court, and most generally 
entertained in other quarters, is, that the acknowledg- 
ment by the testator of his own signature, as well as of 
the signature made by some other person in his pi'e- 
sence and by his direction, is sufficient, if attested as 
required by the act. (In the Goods of R^an, 1 Curt. 
908). So, likewise, in a case already cited, (In the 
Goods of Woodington, ubi sup.), where the testatrix, 
having writt-en the will herself, wrote her name in the 
attestation clause, (which was held to be a sufficient 
signature), and in the presence of the witnesses ac- 
knowledged the will to be her will, and to have heen 
written by her, it was held that this was a sufficient 
acknowledgment of the signature. 

The words, " or acknowledged by the testator," are 
not in the Statute of Frauds; but, according to the 
construction put by the courts upon that part of the 
Statute of Frauds which required the will " to be at- 
tested" by witnesses, it was not necessary for the wit- 
nesses to see the testator actually sign, but it was enough 
if he acknowledged his signature before them ; and in 
some modem cases the courts have gone further still, 
and have held, that any recognition by the testator of 
the instrument as his act, or even a simple request to 
witness it, was sufficient for the purpose. The Will 
Act, on the contrary, expressly enacts, that the signa- 
ture, if not made, should be acknowledged before the 
witnesses ; and, therefore, it would seem, that the acts 
which were accepted as equivalents or substitutes for 
the acknowledgment of signature, imported by con- 
struction only into the Statute of Frauds, can hardly, 
in strict propriety, be admitted to supply the place of 
the form expressly required by the new act. In the 
following case, however, the Preroeative Court seems 
to have applied the rule, furnished by the old cases, 
to a case falling within the present law. 

A testatrix having signed her will, and, on a subse- 
quent day, sent for two persons to attest it ; upon their 
arrival, they said, they were come, as she requested, 
for the puri>08e of siniing their names as witnesses to 
her will, which was then produced, to which the testa- 
trix replied: " I am very glad of it, thank God!" and 
they then subscribed the will. Dr. Addams submitted, 
that this was a virtual acknowledgment of her signature 
by the deceased. The act does not expressly require a 
direct acknowledgment. Suppose a person wrote his 
will on a sheet of paper, and si^ed it, and sent for two 
witnesses, and said: *' there is my will, attest it;" 
would not that be sufficient? Is not the present case, 
in effiect, the same? He cited By thewood's Convey- 
ancing, [qu. Powell on Devises], by Jarman, Vol. 1, 
p. 76 ; and the court being of opmion, that, under the 
circumstances, the signature was sufficiently acknow- 
ledged by the testatrix, under the 9th section of the 
stat. 1 Vict. c. 26, allowed administration with the will 
annexed to pass. (In the Ooods of Warden, deceased, 
2 Curt. 884). 

But this case is quite irreconcilable with another 
before the same couH, hardly distinguishable in its cir- 
cumstances, where the couil did not refer to the rule of 
the old authorities, which we have given our reasons 
for thinking inapplicable, but proceeded simply upon a 
faithful and rigorous observance of the express words 
of the act. In the case we allude to, all the deceased 
did was to request the witnesses to sign their names to 
the paper, without saying that it was a will, or that the 
signature was hers; and it was held, that this was not 
a sufficient compliance with the act. (In the Goods of 
Rawlins, deceased, 2 Curt. 826; S. P. In the Goods of 
Maty Harrison, 6 Jur. 1017). 

(7b be continued). 



THEJURIST. 



S& 



(Emxtsfoxibtntt. 

TO THE EDITOR OF THE JURIST*. 

Sir, — You will greatly obli^ me by publishing in 
joor Ysluable work, theVoIlowing communication. 
Youre, very faithfuiiyy T. Starkib. 

My attention has been drawn to an nncandid and nn- 
feir article in the last number of the Law Magazine, 
which professes to be a criticism on ray forthcoming 
edition of die Iaw of Evidence. It is uneandidf be- 
eause it imputes the omission of many cases, which have 
been published whilst the work has been goin^ through 
the pre9% and which could not be systematically ar- 
ran^td, except by means of an appendix ; advantage is 
thus taken of the publication of part of the work pre- 
vious to the Appendix, for charging the negligent omis- 
»on of eases^ wnieli could not be inserted in the body 
of the woiic. Unfair^ because the writer untruly al- 
lies the omission of several cases which are actually 
coDtained in the work. 

It is very far from my intention to enter into any 
diacusaon with the writer of this article, but, to the 
piofesaon some explanation is due. Owing to the great 
accumulation of authorities and statutes relating to the 
subject, subsequently to the last preceding edition, and 
also to Tsiy own professional engagements, the present 
eifition YnBia been in the press between two ana three 
yeara^ a period much longer than I had anticipated ; 
moAy consequently, numerous authorities published dur- 
ing the printing of the work have necessarily been re- 
served for the Appendix, in which they are already 
arranged under the same heads, in the same order, and 
with constant reference to the ver}*- pages of the original 
text — a course adopted in the second edition. I hope, 
that this course will not be of serious inconvenience to 
any one who may be disposed to consult the book ; and 
trust, that the profession will suspend their judgment 
on the work, until the whole shall have been submitted 
to ibssr conaidenition. 



Imperial parliament. 



HOUSE OP COMMONS. 
Tkunday, Feb. 3. 

Sir T. Frtenumile gave notice of motion, for the 8th instant, 
on behalf of the President of the Board of Trade, for leave to 
briag is a Bill to amend and consolidate the Laws relating to 
tfee Trade of the British Fossesaions in the Colonies. 

Also, on behalf of the Chancellor of the Duchy of Lancaster, 
for the 17th instant, for leaye to bring in a Bill for the better 
Phmaoo of eifectaally inspecting all Hoases, licensed by the 
Magiatrates at Sessions, for the Reception of Insane Persons 
in England and Wales. 



THE LATE MR. JACOB. 

(From the Law Magazine) , 
He was a man who hod accumulated a vast extent of 
knowledge; and he had the power of recalling, at a 
momcDif s notice, any portion of his learning which hap- 
nened to be required for immediate use. Few men 
nave possessed the faculty of arguing more strongly, or 
more acutely. He appeared to have peculiar pleasure 
in the thorough investigation of legal doctrines; and, 
by the careful consideration of common and statute law, 
of judicial decisions, and of general reasoning, he was 
continnally aiming at the discovery and establishment 
of clear and definite legal opinions. Few lawyers met 
him in consultation without gaining instruction; or 

* Km tiie Law Magazine is published only at intervals of 
three months, we think that Mr. Starkie is entitled to this op- 
portimity of making an immediate reply to the attack upon his 
work. We shall take an early opportunity of expressing our 
own opinkm on the new edition. 



watched him in the conduct of a oanse, without ad- 
miring the fertility of his mind in snggestine new and 
unexpected ^ints of argument. We may ado, that the 
moral qualities of Mr. Jacob, no less than his intellec- 
tual ability, commanded admiration. He was, of all 
men, the most scrupulous and conscientious in the dis- 
charge of his duty to his client. No prosjpect of emolu- 
ment ever induced him to undertake ousmess which he 
could not transact in his own person ; nor would the 
inconvenience of length of time induce him to forego a 
discussion which he believed to be advantageous to his 
cause. By his amenity of disposition, his uniform Rood 
humour, his careful abstinence from irritating and an- 
gry remarks, his readiness to impart assistance and ad- 
vice, and his universal courtesy to all with whom he 
came in contact, he established, amount the profesmon^ 
such feelings of respect and fnendship as created uni- 
versal regret on his retirement, and the deepest sorrow 
at his melancholy end. He was the person whose early 
promotion to thebench, in one of the courts of equity, haa 
long been desired, not merely by counsel practismg in 
the court, but also by the leading conveyancers. He 
was regarded as, of all men, the most capame of securing 
the doctrines of the law of real property upon a dis- 
tinct and satisfactory basis. He was possessed of a pe- 
culiarly judicial m'ind, able to weigh arguments one 
against another; and, b^ the strength of his memory, 
and the clearness of his intellect, to survey all the cir- 
cumstances of a complicated case, spread forth as in a map 
before him. But, it has pleased Providence to close his 
career at the moment when he was approaching the 
threshold of that office for which he had exhibited pe- 
culiar fitness. Lawyers will mourn over one whom 
they would have addressed with confidence and respect; 
and the country has reason to lament a man of vast at- 
tainment and strict integrity, who, had his life been 
spared, would have rendered great public services in a 
responsible and exalted station. 

EQUITY SITTINGS, AFTER HIL. TERM, 1842. 
Court of Chant ci's- 

Before the Lord Chancsllor, at Lmeoln^M Inn. 
Tuesday ~ 

Wednesday 



The First Seel. 



F^b.9 
9 

Thursday! 10 

Friday 11 

Saturday 12 

Monday 14 

Taesday 15 

Wednesday 16 

Thursday 17 

Friday 18 

Saturday 19 

Monday 21 

Tuesday 22 

Wednesday .... 23 

Thursday . . 24 

Friday 25 

Saturday 26 

Monday 28 

Tuesday . . . March 1 

Wednesday 2 

Thursday 3 

Friday 4 

Saturday 5 

Monday 7' The Third Seal. 

Tuesday 8"^ 

Wednesday 9 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday 16 

Thursday 17, 



Appeals and Causes. 



The Second Seal. 



Appeals and Causss. 



Appeals and Causes. 



9S 



THE JUEIST. 



Fleas, Demurrers, Causes, Further Di- 
rectloDS, and Exceptions. 



21 

22V 

.... 23V 
2*J 



Motions. 

Flfiss, Demurrers, Causes, Fnrtlisr DU 
rectionsi and Exceptions. 

Petitioiis m Gcnoml Ftiper^ 



Fleas, Demnrren, Causes, Faitiber Dl« 
recCions, and Exceptions. 



Monday 21 The FourCk SeaL 

Tuesday 22 PetitkHi Day. 

Such days as his Lordship is occupied in the House of Lords 
excepted* , 

%nUsi Court* 

Before the Rigki Horn, the Mastse or tbb Rolu, a/ 
theBoUf. 

Tuesday Fa.S Motions. 

Wednesday 9 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday .... 16 

Thursday 17 

Friday 18 

Saturday 19 

Monday 21 

Tuesday. . . 
Wednesday 
Thursday . 

Friday 25 

Saturday 26 

Monday 28 

Tuesday . . . Mtreh I 

Wednesday..... 2 

Thursday 3 

Friday 4 

Saturday 5_ 

Monday 7' Motions. 

Tuesday 8"" 

Wednesday .... 9 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday 16 

Thursday 17 

Friday 18 

Saturday.., 19^ 

Monday 21' Motions. 

Tuesday: 22 Petitionsin General F^r. 

Short Causes, Consent Causes, and Consent Petitions, on 
Wednesday, the 9th February, and erery succeeding Tuesday, at 
the Sitting of the Court. _ 

Vice^dimeeUsni* Courtis. 

Btfore the Vicb-Chancxllor or Enolahd «I 
Lineoln*9 Inn, 

Tuesday Feb, 8 Motions. 

Wednesday 9" 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday 16 

Thursday 17 

Friday 18 

Saturday 19^ 

Monday 21' 

Tuesday 22' 

Wednesday 23 

Thursday 24 

Friday 25 

Saturday 26 

Monday 28 - 

Tuesday . . . March 1 

Wednesday 2 

Thursday 3 

Friday 4 

Saturday 5^ 

Monday • 7 " Motions. 



Fleas, Demurrers, Causes, Further Di* 
rections, and Exceptions. 



Pleas, Demurrers, EzoeptionSi Causes, 
and Further PirectioBS. 



Motions. 



Fleas, Demurrers, Exceptions, CauseSf 
and Further Directions. 



Fkas, Demnrren, ExoepCioQSy CsniM, 
aqd Further Direotions. 



Tuesday........ 8] 

Wednesday 9 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday 16 

Thunday ....... 17 

Friday 18 

Saturday 19 

Monday 21' Motions. 

Tuesday 22 Petitions. 

The Yioe-ChanoeUor of England wiU hasrlUnopposed Pe- 
titions and Short Causes erery Friday previous to t£e Generd 
Paper. «_«.. 

Btfore Vicb-Ch ANCBLLOR Kmiobt Beucb, cI lAneoh'i ikn. 

Tuesday J^. 8 Motions. 

Wednesday 91 

Thursday....... 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday .... 16 

Thursday 17 

Friday 18 

Saturday 19 

M(mday 21 

Tuesday. 22 

Wednesday .... 23 

Thursday 24 

Friday ......... 25 

Saturday 26 

Monday 28 

Tuesday . . . March 1 

Wednesday 2 

Thursday 3 

Friday 4 

Saturday 5_ 

Monday 7" Motions. 

Tuesday 8 

Wednesday 9 

Thursday 10 

Friday 11 

Saturday 12 

Monday 14 



Pleas, DemnnerB, ExceptiooSi Cansesi 
and Further Direotioiis. 



Plaas, Demnners, ExoeptSonSi Causes, 
^ and Furthttr Direetioiis. 



Tuesday. 
Wednesd^ . 
Thursdiqr**' 

Friday 

Saturday ... 
Monday.... 
Tuesday. 



15 
16 
17 
16 
19 
21 
22 



Pleas, Demurrers, Exceptions, Causesi 
and Further Directions. 



Motions. 

Petitions. 
Vice-Oiane^Uor Knight Biuoa will hear Unopposed Pe- 
titions and Short Causes every Saturday previous to the Ge- 
neral Paper. _— _« 

Brfore Vicb-Chancbllob Wigbam, ai LmeobCt liin. 
Tuesday .... Feb, 8 Motions. 
Wednesday .... 91 

Thursday....... 10 

Friday 11 

Saturday 12 

Monday 14 

Tuesday 15 

Wednesday 16 

Thursday 17 

Friday 16 

Saturday ..#.... 19 

Monday... 2r Motions. 

Tuesday 22 

Wednesday 23 

Thursday 24 

Friday 25 

Saturday 26 

Monday 28 

Tuesday . . March 1 
Wednesday..... 2. 



Pleas, Demurrers, BxoeptionSy CsnsM i 
^ and Further Directions. 



Pleas, Demurrers, Exoeptfons, CsnseBf 
and Further DireotioBS. 



THE JURIST. 



919 



■— .« _ /••••••• 1 Fleas, DanaiTert, EzoeptloiiB} Cwiietp 

^!loSn\\\\V\ 5j ■nd'ttrtherDiitctoif. 



Wedbetdsj. . 



SiliHiiji 



TWndij. 



7 
8 
9 
10 
11 
12 
14 
15 
16 
17 
18 
19 
21' 
22 



Motions. 



^Fleis, Demorran, EzoepUooSi Canies, 
•ad Further Directioiif. 



Motions snd Ditto. 

IWsd^ 22 Petitions. , 

ITke-Cknedlor Wigiam wiU hesr Unopposed Petitions and 
Short Casses every Satnnlsy prefioas to tlie Genersl Filler. 



ILonlHm 0a;ettts. 

TUESDAY, Fbbrua&t 1. 

DECIARATIONS OF INSOLVENCY. 
lOHN SAMUEL LENNARD, Norf<^ Anns, Half Moon 

oeseeat. White Coodnit-fields, victosller. 
JAMES HUKNYBUN, Cambridge, ironaionger. 

BANKRUPTS. 
JOHN DEANE WELLS, George-st., Mansion-house, oom- 

iMiiT ageot, Feb. 17 at half-past 12, and Marah 15 at 11, 

Govt of Bankraptcj: Off. Ass. Alsager; SoL Heald, 19 

ad 20, Anstin-fiiari.— Flat dated Jan. 27. 
JOHN WATE8, Old Kent-road, Sorrej, TictoaUer, Feb. 8 

«thair-pMk 12, and March 15 at 11, Court of Bankraptey: 

OC Aaa. Greoi ; Sols. liucas & Farfcinson, 9, Argyle-st., 

Eegoit^t. — Fiat dated Jan. 25. 
JOHN SFANTON, Bermondsey-st, Soirey, dieesemonger, 

Vdb.8 at half-paet 1, and March 15 at 12, Coort of Bank- 

raptey : Off. Ass. Green \ Sol. Cattlin, 39, Ely.place.^Fiat 

dated Jm. 21. 
3AMES JOLLEY, St. Alban's-phce, Haynarket, and Pel- 

ham-iosd, Brampton, bvilder, plomber, painter, aid glasier, 

Feb.8andMarchl5atl, Court of Bankraptey: Off. Am. 

GifaMm; Sols. AUeo & Ntcols, 88, Qneen-st., Cheapside.— 

Fiat dated Jan. 25. 
EDWARD 8TRATTON, Longoot, Berkshire, com dealer, 

Feb. 18 aft 12, Red lion Inn, Faringdon, and March 15 at 

II, Bear Iim» Wantage : SoL Barnes, Chipping Lambome. 

— Fiaft datod Jan. 20. 
SAMUEL OWEN, Conway, Camarronshire, innkeeper and 

TictnOsr, Feb. 15 and Msrch 15 at 12, Castle Inn, Car. 

BanFsa: Sols. Abbott fr Co., New-inn, Wyoh.«t, Strand. 

^Fkt dated Jan. 22. 
JOHN HOLT, livesey, Lsaeashire, groeer, Feb. 17 snd 

Maich 15 at 11, Town-baU, Rreston : &ds. Neville & Co., 

m a iMwiB ; Mihie A Co., Tenple.— Fiat dated Jan. 22. 
HENRY ADOLPHUS BUBER, Lbidfield, Sossei, malt. 

atcr, Feb. 18 at 1, and March 15 at 12, Town-haU, Bri^. 

ton: Sola. Vcrral & Lewis, I^ewes: Millard & Adams, 

C«rdwaiaen'.halL— Fiat dated Jan. 15. 
RICHARD HAZELL,Ramsbuy, Wiltshire, com dealer and 

bicwer, Feb. 11 at 11, Bed lion Inn, Lamboum, and March 
U ift 1, Bear Inn, Wantage, Berkshire: Sols. Edwards, 

AldbvM, Wiltshire ; Norton A Son, 1, New.rt., Bishops- 

^to-sC.»^Fiat dated Jan. 19. 
CHARLES NICHOLLS, Shrawsbory, Shropshira, flannel 

■nchaat. Feb. 12 and March 15 at 11, GuildhaU, Shrews. 

buys Sols. Cooper, Shrewsbory; Pownall A Cross, 9, Sta. 

pte.4a«.^Fiat dated Jan. 24. 

MSSTIKOS. 

MMmrd Mmnim, Brynmawr, lianelly, Breeonshire, linen 
diner, Fleb. 24, CmHb Hotel, Brecon, cfa. ass.— /oAw BrwOt 
and net. Arooil, Stoorbridge, WoreestenUre, drapen, Feb. 
15 at 12, Court of Bankruptcy, lart er^-^Ckoi. SehoJUld, 
Kj^gstDB^-^wn.lliames, Surray, timber and coal merchant, 
Feb. 3 at 12, Cowrt of Bankruptcy, last ez.^0. B. BUhqp 
and Mrm. OUdpari, Southampton, draper, Feb. 4 at 1, Court 
sfBwikwiptoy, Utln^O. W. SnmJMd, Blackfriars^nad, 
r*. 4 tt 12, Co«ti)f Bankmptey, hot 



ex. { Feb. 24 at 12, and, ae. and dhr.— TtaMt P^Ui, Bir« 
ntii^bam, metallic tube maker, Feb. 24 at 11, Waterloo* 
rooms, Birmingham, last eau— /. Solfy and /. fis/ly, jun., St. 
Mary .axe, merchants, Feb. 17 at 2, Court of BaoJaupteyt 
aud. ae.--/. Lmmif and Oeo, Lak^, Easteheap, eork manuihc^ 
tureis, Feb. 24atl2, Court of Bankmptcy,*aud.ac-—i'e/<cfrliM 
Boiielli, lime-rt., merchant, Feb. 24 at'l2. Court of Bank, 
ruptcy, aud. ac. — Edw, TVmmt, Fl8h-st..hill, ship and insur- 
ance agent, Feb. 24 at U, Court of Bankruptcy, aud. ac.— • 
Bfm. Buibridge, Upper North.plaoe, Gray's-mn-road, Gray's- 
hm.]ane, livery sUble keeper, Feb. 24 at 11, Court of Bank- 
ruptcy, aud. ac. — Geo, Dorrimffttrnf Percival.street, printer, 
Feb. 24 at 11, Court of Bankruptcy, aud. ae. and div.^ 
Jama Ebenezer BmmdtrM, jun.. Upper Thames-street, fish 
hctoT, Feb. 23 at 12, Court of Bankruptcy, aud. ac.— JbAn 
SfMith, Deptford.bridge, Kent, hatter, Feb. 23 at 11, Court of 
Bankruptcy, and. tc,— Richard Arehard Jonei, Friday*street, 
Cheapside, linen and Manchester warehouseman, Feb. 23 at 11, 
Court of Bankruptcy, aud. ac. — Hen, ShaWt Ulverston, Lan- 
cashire, scriTcner, March 1 at 12, King's Arms Inn, Lancaster, 
aud. ac.; at 1, div. — Nathaniel Fraley and Jo$eph Bmevy 
Merchant, Bristol, linen drapers, Feb. 25 at 1, Commerdal- 
rooms, Bristol, aud. ac. — ^aiids Lee Byrne, liverpool, wine 
broker, Feb. 24 at 1, Clarendon-rooms, liveroool, aud. ac.— 
John Trame, Oldham, grocer, Feb. 25 at 11, Commissioners'- 
rooms, Manchester, and. ac.---/oA» Smith Iknmtry and John 
Byte, Manchester, bsnkers, Feb. 23 at 11, CommissionerB'- 
rooms, Manchester, aud. ac — WiUiam Bichard Raveneerqftt 
Mazu;hester, banker, Feb. 25 at 11, Commissioners' -rooms, 
Manchester, aud. ac. — John Atkinson, Greenbank, near Ken- 
dal, Westmorland, bobbin manufacturer, Feb. 25 at 11, King's 
Arms Inn, Kendal, aud. ac. — Bob, CUiitow, Leeds, Tictualler, 
Feb. 25 at 10, Commissloners'-rooms, Leeds, aud. ac.— /oAn 
Hawkee, Pall-mall, silk mercer, Feb. 24 at 11, Court of Bank- 
ruptcy, fin. div. — JameaHammon, Great Portland-st., Oxford- 
street, plumber, Feb. 24 at half-past 11, Court of Bankruptcy, 
^y.'^Joeeph Chanmng Gwmner, Hart-street, Mark.lane,wine 
merchant, Feb. 24 at 12, Court of Bankruptcy, diy. — George 
Howaon Garnett, Queen Ann-st., St. Mary-le-bone, chymist, 
Feb. 24 at 1, Court of Bankruptcy, fin. di?.— Tilomot Keaaley 
and Joeeph Leonard Keaeley, Long-lane, Wild's-rents, Ber- 
mondsey, tanners, Feb. 24 at half-part 1, Court of Bankruptcy, 
^Y. '^Christopher Dannit, jun., Talbot Inn-yard, Southwark, 
hop and seed merchant, Feb. 24 at 2, Court of Bankruptcy, 
^r.— -Christopher Hall, Piccadilly, upholsterer, Feb. 22 at 1, 
Court of Bankruptcy, dir. — John Saunders, James Fanner, 
and Thomas Hosier Saunders, Basinghall-rt., and Bradford, 
Wiltshire, woollen manufacturers, Feb. 26 at 1, Court of Bank- 
ruptcy, dir.— Gfor^e Walton, Kingsland-road, Shoreditdi, 
timber merchant, Feb. 26 at 12, Coort of Bankruptcy, diy. — 
James Green, Greet Winchester-street, merchant, Feb. 26 at 
11, Court of Bankruptcy, diy. — Thomas Jjomplugh, Great 
Driffield, Yorkshire, grocer, April 16 at 11, George Inn, King- 
ston-upon-HuU, aud. ac.; at 12, diy. — Abraham Dyson, Shef- 
field, plater on steel, Feb. 24 at II, Town Hall, Sheffield, aud. 
ac; at 1, first and fin. diy. — Edward Clarke, Leamington 
Priors, WarwidEshire, builder, March 3 at 12, Lansdowne 
Hotel, Leamington Priors, aud. ac; at 1, firrt and fin. diy. — 
G, Johnson, Leieds, fhdterer, Feb. 23 at 10, Commissioners'- 
rooms, Leeds, aud. ac; at 11, diy. — Biehard Coad, Hudders- 
field, Yorkshire, grocer, Feb. 24 at 10, Geoiige Hotel, Hud- 
dersfidd, aud. ac ; at 11, diy.— fTiZ/tom Butler and Biehard 
Parkes, Birmingham, wine merchants, Feb. 23 at II, Water- 
loo-rooms, Birmingham, and. ac; at half-past 11, fin. diy. 
joint, ert.; at 11, and. ac; at 12, first and fin. diy. sep. ert. 
B. Parkes; at 12, and. ac ; at half-past 12, firrt and fin. diy. 
sep. ert. JV, Butler.'-John Baldwin, Edgbaston, near Bir- 
mingham, wire drawer, Feb. 23 at 1, Waterloo-rooms, Bir- 
mingham, and. ac. ; rt 2, dir. -^Joseph Whalley and Benjamin 
Wfuilley, Leeds, wool merchants, Feb. 22 at 12, Commis- 
sioners'-rooms, Leeds, aud. ac and fin. diy. — John North, 
Mold-green, near Huddersiield, Yorkshire, fsncr cloth manu- 
facturer, Feb. 25 at 2, George Ian, Huddersfield, aud. ac. ; at 
3, diy. 

CxaTIFICATBS TO Bl ALLOWED, 

Unless Cause shewn to the contrary, on or before Feb. 22. 
William Mowbray Potts, Newcastle-upon-Tyne, grocer.— 
Timothy Bourne, Liyerpool, cotton broker.— -ITm. Wootton, 
Birmingham, refiner.— 7Aos. Bate, Compton, Kinfael, Staf. 
fordshire, timber dealer.--/. Brown, Birmingham, victualler. 
-^James Ebenezer Saunders, jun*, Upper 'Ihames-strset, fish 



se 



THE JURIST. 



§Buctar,"^Petir Sawaden^ Kingston-npon-HiiIl, merchant. — 
Henry Jhmeaffe Ruthbmy, Fitzroy-place, Soathwark-bridge- 
road, money icriTener. — John WUHam Horend, Paradiae-st., 
Lambeth, builder — Wm, Fretwell, Leeds, colonial merchant. 
^-Edmund WUHam Jemingham, Henrietta-street, Covent- 
garden, banker. — Cnthbert Taylor^ Monk Wearmouth Shore, 
Durham, ship builder. 

Scotch Sequbbtrations. 

George Law, Morton, Edinburgh, farmer. — Robert Seobie 
Bain, Stirling, gvwier,— -Archibald Black, Glasgow, merchant. 
• — Jama Wiahart, Glasgow, wine merchant. — Jamee Leggate, 
Wishawtown, wood merchant. — Charlee Johnston, deceased, 
Dundee, merchant. 

INSOLVENT DEBTORS. 

Saturday, January 29, 1842. 

The following Aeeigneee have been appointed. Further Par* 

Hculare maybe learned at the Office, in Portugal-st,, Liu* 

coMt'inn-Jlelde, on giving the Number qfthe Cate, 

James Edgcombe, Peaschell-street, Praed-st., Paddington, 
stone-mason, No. 52,316 T.; Wm. Cross, assignee.— JTaZ/w 
Plowman, Green-st., North Audley-street, Grosvenor-square, 
collar-maker, No. 51,769 T.; Samuel Martin and Samuel 
Maine, assignees. — Thomas X. Button, Albion-terrace, New 
North-road, gentleman, No. 52,273 T. ; Jos. Beaumont and 
Daniel Sebbon Baker, assignees. — Wm, P, Atkins, Devon - 
shire-street, Bishopsgate-st. Without, carpenter, No. 52,267 
T. ; John Ponler, assignee. — John Barton, Providence-row, 
Finsbury-sq., engineer, No. 51,272 T. ; Charles Edwards, as- 
signee.— CAot. Bamfleld, Aldgate, harness-maker, No. 52,258 
T. ; Thos. Parkins, assignee.— ^rMur/n^Aam, Upper Stood- 
ley, Halifax, out of business. No. 58,150 C. ; John William 
Lonsdale and William Eastwood, assignees. — SamL Dimmock, 
Stoney Stanton, Leicestershire, labourer, No. 57,037 C. ; Ed. 
Baker, assignee.— ^m. Evans^ Sidney 's-alley, Leicester-sq., 
conductor of a lace business. No. 52,279 T.; Robert Spence, 
assignee.— /«aac Brown, Park, Stockport, Chester, druggist, 
No. 55,861 C. ; Wm. Webb, assignee.— /at. B, Craig, Tra- 
falgar-road, Greenwich, Kent, ale-merchant. No. 49,482 T.; 
Henry Seward, assignee. — Thos, Saint George Lyster, Devon- 
shire-street, Paddington, captain in the army, No. 14,140 T. ; 
Samuel Sturgis, new assignee, in the room of John Prosser 
and William Jones, decea^d. — Alexander Hunt, Stoke-upon- 
Trent, Staffordshire, out of business. No. 55,017 C; John 
Degg, new assignee, in the room of J. Beardsmore, deceased. 
The following Prisoners are ordered to be brought btfore the 
Court, in Portugal-st., on Tuesday, Feb, 22 at 9. 

Saml, Alex, Bell, Upper Manor-at., Chelsea, out of busi- 
ness. — Hen, Corsten, Hyacinth-villa, Shepherd's-bush-green, 
seedsman. — Wm. Watts, Capland-street, Marylebone, out of 
business. — Lewis Girling, Broad-st., Golden-square, coach- 
lace-maker. — Daniel Lyas, Richmond-st., Walworth, Surrey, 
tailor.— JAcAfff/ ReiUy, Golden-buildings, Strand, out of bu- 
siness. — Daniel Gregory, yon,, Hayes, near HiUingdon and 
Uxbridge, out of business. — Hen, Saunders, Shoe-lane, shoe- 
maker. — Wm. Hannen, Circus, Minories, out of business. — 
Wm. Biichie, Rnpert-st., Haymarket, licensed victualler. 
Feb, 24, at the same hour and place, 

Thomas G, Roach, London-road, Newington-butts, out of 
business.— /oAji Lowe, Piccadilly, out of business. — Charles 
Tasker, Woodcote-end, Epsom, Surrey, general agent. — Abra^ 
ham Jacobs, Angel-plaoe, Valentine-piace, Webber-st., Black- 
friars-road, Surrey, fruiterer. — John Green, High-st., Not- 
ting-hill, out of business.— Jean Baptiste Tailfer, Mooi^te- 
street, Finsbury, French master.— TAm. Buckton, Prospect 
Cottage, Shepherd's-bush, Hammersmith, cabinet-maker. — 
Wm, Peter Bonython, St. Mary-st., Whitechapel, blacking 
manufacturer.— Jot. Gruby, Grange-walk, FcndalUst., Ber- 
mondsey, Surrey, out of business.- JoAit Henin, Broadway, 
Deptford, Kent, tobacconist. 

Court-house, Richmond, Yorkshire, Feb. 24 at 10. 

Matthew Deacon, Richmond, milkman. 

Insolvsnt DsBTOR'a Dividend. 

John Viney, Francis-street, Tottenham -court-road, timber- 
dealer, Feb. 3, Surman's, New-square, Lincoln's Inn : 3«. O^d, 
in the pound. 

Mebtinos. 

Thomas Bishop, Raleigh, Essex, grocer, Feb. 17" at 11, 
Wood's, Rochford, sp. aff.^Reo. Kenneth M. R. Tarpley, 
Albanv-street, R^gent's-park, vicar of Flore, Feb. 19 at 10* 
Becke^Si Northampton, sp. aff. 



FRIDAY, Februabt 4. 
DECLARATION OF INSOLVENCY. 

WILLIAM THOMPSON, Princes-street, Spitalfields, hat- 
manufacturer. 

BANKRUPTS. 

JOSEPH CHARLES CLARKE, Water-Une, Great Tower, 
street, wine, spirit, and beer-merchant, Feb. II at 11, and 
March 18 at 12, Court of Bankruptcy: Off. An* Pennell; 
Sol. Donne, 28, New Broad-street.- i^t dated Feb. 3. 

THOMAS SEDDON and GEORGE SEDDON, Calthoipe- 
place, Gray's Inn-road, upholsterers and cabinet-mannuc- 
turers, Feb. 11 at half-past 10, and March 18 at 11, Court 
of Bankruptcy: Off. Ass. Graham; Sols. Lawranoe & 
Blenkame, 32, Bucklersbury. — Fiat dated Feb. 3. 

EDWARD MALLAN, Great Russell-street, Bloomsbury, 
dentist, Feb. 16 at 1, and March 18 at 11, Court of Bank- 
ruptcy : Off. Ass. Lackington ; Sol. Whittington, 2, Dean- 
street, Finsbury-square. — Fiat dated Jan. 31. 

RICHARD IRWIN and JOHN GOULD IRWIN, Man- 
chester, drapers, Feb. 19 and March 18 at 2, Commission- 
ers'-rooms, Manchester : Sols. Slater & Heelis, Manchester ; 
Milne & Co., Temple.— Fiat dated Jan. 29. 

DAVID DAVIES, sen., and DAVID DAVIES,iun., Glan- 
clywedog, Llanidloes, Mon^omeryahire, flannd-manu^- 
turers, Feb. 23 and March 18 at 11, Oak Inn, Welsbpool, 
Montgomeryshire : Sols. Drew Sc Woosman, Newtown, 
Montgomeryshire ; Weeks, Cook's-court, Lincoln's Inn.— 
Fiat dated Jan. 17. 

JOHN HAYWARD, MUverton, Warwickshire, miller, Feb. 
14 and March 18 at 12, Lansdown Hotel, Leamingtoo*) 
priors : Sols. Forder, Leamington ; Rushworth, 10, Staple- 
inn. — Fiat dated Jan. 13. 

WILLIAM HEAP, JOHN ROBERTS, and WILLIAM 
ROBERTS, Padiham, Lancashire, cotton- spinners, Feb. 
22 at 2, and March 18 at 12, Court-house, Burnley t Soli. 
Alcock & Dixon, Burnley ; Cragg & Jeyes, 4, Harpnr-st., 
Red Lion-square. — Fiat dated Jan. 25. 

JONATHAN NASH and ROBERT LUCAS NASH^ 
Bristol, brewers, March 1 at 1, and March 18 at 2, Com- 
mercial-rooms, Bristol : Sols. Goldrey 9t Fellowes, Chip- 
penham, Wiltshire; Hillier & Co., 6, Raymond-buildgi., 
Gray's Inn.— Fiat dated Jan. 28. 

THOMAS CHESHIRE, Smethwick, Harbome, Stafford- 

. shire, miller and baker, Feb. 11 and March 18 at 12, Water- 
loo-rooms, Birmingham : Sols. Unett & Sons, Birminghan ; 
Tooke & Son, 39, Bedford-row.— Fiat dated Jan. 26. 

JAMES BUCKETT, Great Bourton, Oxfordshire, sheep- 
dealer, Feb. 21 and March 18 at 11, White Lion Inn, Ban- 
bury: Sols. Walford & Beesley, Banbury: Cox & Wil- 
liams, 62, Lincoln's Inn-fields. — Fiat dated Jan. 18. 

MBBTIHeS. 

Riehd. Smith and Stephen Marshall, Austin-friars, City of 
London, Russia brokers, Feb. 14 at 11, Court of Bankniptcy, 
pr. d. — Anthony Lee, Guildford, Surrey, banker, Feb. 14 at 
2, Court of Bankruptcy, pr. d.— Pe/er Saunders, Kingston- 
upon-HuU, merchant, Feb. 15 at 1, Court of Bankruptcy, pr. 
d. of Donald Kennedy, ^G. Winder, Hackney-road, jeweller, 
Feb. 10 at 1, Court of Bankruptcy, hist ex.— ^w^. Frederick 
Hemming, Chiswell-street, Finsbury, elastic surgical instru- 
ment-maker, Feb. 15 at 11, Court of Bankruptcy, last ex.— 
Adolphe Lawrier and Jos. Lock, Wood-st., City of London, 
importera of foreign goods, Feb. 15 at 12, Court of Bank- 
ruptcy, last ex. — Wm. Nicholson, Leeds, Yorkshire, banker, 
March 1 1 at 10, Commissionen'-room, Manchester, last ex. 
— ITm. Smith Batson, John Wilson, and J. Langkom, Ber- 
wick-upon-Tweed, bankera, March 8 at 11, King's Arms Inn, 
Berwick-upon-Tweed, last ex.^Alexander Smith and WU' 
Ham Monteath, Oxford-street, Middlesex, linen-drapers, Feb. 
25 at 12, Court of Bankruptcy, aud. ac. and div.— C*a#. FT. 
Taylor, Epping, Essexi draper, Feb. 28 at 2, Court of Bank- 
ruptcy, and. ac.— /o/m Page, St Alban's, Hertfordshire, 
auctioneer, Feb. 28 at half-past 1, Court of Bankiiq[>tcy, a«d. 
ac. — Geo. John Bennett, York-st., Portman-square, St Mary- 
le-bone, lodging-house-keeper, Feb. 28 at half-past 2, Court 
of Bankruptcy, aud. ac^Hugh Mackay, Liverjpool, and A, 
F. Mackay, Glasgow, merchant, Feb. 26 at 1, Clarendon- 
rooms, Liverpool, aud. ac—Nath. FraUy and Jos. S, Mer* 
chant, Bristol, linen-drapers, March 1 at 1, Commercial- 
rooms, Bristol, aud. ec^Adam TkwaiUs, Newoutk-npoD' 
Tyne, brewer and porter.mercb«Qt» Feb. 28 at h BuJavft 



THE JURIST. 



M 



itts 



, Sojal-aivBde, NeircMtle«Qpoii-Tnw, sud. 
ac— JL JTXoeAfam Iiv«rpool, lioeoMd ▼ictoaUer, Much 1 1 
12. Ch u aaiun-rooBUi, Liverpool, and. •e.-^Bo^eri LueoM, 



_ r, March 1 at 2, Commerelal-rooma, Bris- 
Marah 4 at 1, diT.— HicA. B, W^ittm, Leeds, 
hroker, March I at 2, Commiaaioiien'-rooiiiB, Leeds, 
aoi. ac — B^, Jmeqmei, Nottingham, John ChttWt Notting- 
trli, fend J%9»uu B, Oliver, Qvomdoo, Leicestershire, 
, Feb. 28 at 12, George the Foarth Inn, Nottingham, 
ant. ac— Scml. Ckmdwick, /as. Ckad%inek, and John Chad- 
widkf Hejvo(M>d, Lancashire, cotton-n>inners, Feb. 26 at 10, 
Owi i ni w iaim a ^-rooms, Manchester, dir. ; at 11, and. ac. — 
iUr. Btmsm, Kingston-npon-Hnll, bookseller, Feb. 26 at 11, 
George Inn, Kjogston-npon- Hall, and. ac.— /os. J9ooM, sen., 
/es. Bo9tk, Jan., and 8. Booth, Leeds, stnff manufacturers, 
FM. 25 aft 1, CooimisBioners' -rooms, Leeds, and. ac. — James 
Bah uHk am and John Rmiheffard, Osford-st., hosiers, Feb. 
25 at 12, GoQit of Bankmptcj, fin. div. — Theophilui Qammf, 
Tttter.liBe, wholesale forner, Feb. 25 at 1, Court kA Bank. 
r^ptcj, div. — TAos. Marria and Rich. Nicholson, Barton- 
apcB-BaBber, lineohishire, bankers, Feb. 28 at 11, Court of 
fisakr^tey, fin. diT.-^. Heap, Jan., Manchester, merchant, 
Ah. 2S aft 2* Commissioiien' -rooms, Manchester, pr. d.; at 
3, and. ae. — Tkoe. Welek and /. Seiii, Manchester, cotton 
synMRs. Vesb, 28 at 10, Commissioners' -rooms, Manchester, 
ar. d. ; it 11, and. ac.— ^eary Medley and Wm, Baeikouse, 
Imia, ail mnrahawts, March 1 at 10, Commisabners'-iooms, 
laeda, and. ac ; at 11, first div. joint eat, ; first and fin. div. 
m^estiB.Mmiif^.^J. WHgglesworth, Leeds, cheese and 
haesB ftctar, Feb. 25 at 11, Commissioners' -rooms, Leeds, 
aad.ae. and fin. div. — Wm, Catom, Preston, Lancashire, iron- 
Bsoger, March 1 at 1, Town-hall, Preston, and. ac. and div. 
—Ties. Bmrmmrd^ Bideford, Deronshire, merchant, March 3 
aft 2, New Inn, Bideford, and. ac. ; at 3, dW,—Thos, Gzrr and 
W. iSf. Chrr, DewsboTf , woollen mannihcturers, March 26 at 
1, riiiBBMBliiiii 1 1 1 '-rooms, Leeds, and. ac. ; at 2, div. — G, An- 
dmas, Harmmster Marshal], Dorsetshire,. woolstapler, March 
1 ift 11, GrayboBBd Inn, BlandfSord Forum*, and. ao. ; at 2. fin. 
£t.— TFm. Fired, Reuse, Liverpool, merchant, Feb. 28 at 1, 
ClwfaAna rooans, Liverpool, dir.^Semi, Mead and Wm, 
Mead, liwopool, iron-merchants, Feb. 26 at 1, Clarendon. 
re oas s , Imrpool, diT. sep. est. 8, Mead.— J, T, TYangmar, 
ftjlfctaab tea dealer, March U at 12, Town-hall, Brighton, div. 

CKftTinCATKa TO BB ALLOWBO, 

CQilflBt CSmas sAemi to the contrary, on or brfore Feb. 25. 

/. lAmm^ Newcastb-npon-Tyne, ship and insurance broker. 
^-JoJto QHjgUka, Quadrant, Regent-st., milliner.— i2od»r/ 
Pomeii, Brighton, linen draper. — Leopold Sehwabaeher, North 
American Cofiee-honae, Minories, wiue merdiant. — /. Buck' 
/ey, Maadiester, and Todmorden, cotton and worsted manu- 
frctarer. — Bobt. Stoeidaie, Crosby-sq., merchant.— JBc^trartf 
T^p, Great White Lion-st, Seven-dials, licensed victualler. 
<->^. Bolkam, Speenbamland, Berkshire, innholder. 
Pabtnbbshifs DxsaoLYBD. 

Ijoa, J. AmM and Henry R, Bum, attomies and solicitors. 
Sham and Wm. H PhilHps, Fuh-st..hiU, sttomies 



Scotch SsauBSTBATiONs. 
Andrew Mowat, Glasgow, wholesale tea dealer.— fF«//iam 
JTi^MM, Inverkeithing, shipwright. 

INSOLVENT DEBTORS. 
TkefaUtmimy Prisoners ore ordered to be brought up brfore 
the Comri, m Portugal-st,, on Friday, Feb. 25 at 9. 
7%». Onery^ King-st«, Soodiwark, brass and cock founder. 
^P.Mkfty Qieaft Pordand-st., Ozford-st., out of business.— - 
U e m yTeemy^ Maidstone, fbrnitare broker. — John M. Jones, 
Weffi^gtoB-plaoe, Eaat-st., Walworth, commission sgent. — O. 
Qaiea, Tower-shades, Tower-hiH, victualler. — John Birch, 
Yeik««ft., City-road, eannan. — Wm. Barton, Bridge- house- 
vlBoe, Nefwington-ransfway, upholsterer. — Wm. Thonqfson, 
Hiihe|ii^ita ar Without, oat of bnsiness.— ittcAard Jngram, 
Northampton, eating-house keeper. — P. Barnes, York-plsoe, 
htm^wodp pBDtonviUe, architect. 

Feb. 28, at the same hour and place. 

Jekn Winer, Trinity-place, Cbaring-cross, purser in the 

wyal navy, on half-pay.— /oAni>rin^stoa, Whitechapel-road, 

oat of bodness.— <9. W. Faxon, Park-village, Regent's-park. 

B.-~YPisi. Woodhem, Regent-st., Ymcent-sq., West- 

tp taller i^ the Stamp-olBce, Somerset-house, S^d.— 

Bast-elit, HenM^My, Kant, oarpenter, — Oeo. 



Miles, Broadway, Westminster, assistant to a eheesenonger. 
— r. 8. Jktoiee, South Chariton, Kent, maOiematioal master 
at the Royal MUitary Academy, Woolwidi.— /. Lony, little 
Cheater-st., Grosvenor-plaoe, Bdgrave-sq., porter.^fi'amiiel 
Masters, Sutton, Surrey, carpenter.— /osipA Bryant, Acton, 
agricultural labourer. 

Court-house, Yobk Castlb, ("CountyJ, Feb. 21 at 10. 

/. PMff ea Horrfall, Dewsbury, Yorkshire, out of business. 
Court-house, Cabuabtbbn, (OnaUyJ, Feb. 28 at 10. 

David Lewis, ;IJanarthney, out of business. — Jas, James, 
Newcastle, writer. — T. Daoies, Disquilfk, Llanelley, ftrmer. — 
Evan Lewis, Abergwelly, labourer. — R. Holiday James, Lla- 
nelly, clerk. — Wm, Rees, Llynoleachaf, Llanfihangel Bhos-i- 
com, fanner. — Eliz. Jonee, widow, Blaenksine, near LlangeUer. 

Court-house, Cabuarthbn, (Borough), Feb.2Sat 10. 

David Jones, Carmarthen, butcher. — Jas. Sdward Moreton 

Douglas, Knightaford, New Church, gentleman.— iZ. Howells, 

Kidwelly Vach, batter.— FTm. Thomas, Black Bull Tavern, 

Carmarthen, victualler. — Dav. Morgan, Carmarthen, saddler. 

Court-house, Brbcon, Brecknockshire, Feb. 25 at 10. 

Rich. Prichard, IJechfane, Llanbamlach, carpenter. — Dav. 
Scott, Brecon, grocer, — Mary Kitchingmau, widow. Mason's 
Arms, Brognllis, innkeeper. 

Moot'hall, Nbwcastlb-vpon-Ttnb, iVor^Attm^srlaad, 
Feb. 28 ai 10. 

Thos. Snaith, BeUingham, oat of hosinessv-^aite Nufon, 
Hii^town, Haltwhistie, labooicr.-^JR. Graham, joa., Holy- 
stone, Alevmton, out of bosiness.-*/. Snaiik, Woolar, tailor. 

Court-house, NawcASTLB-vpoN-TrNB, Feb. 28 a^ 10. 

Glat. Atkine, Newcastle-npon-Tyne, groom.— JoAa Storey, 
Newcastle-upon-Tyne, schommaster.--/. Baker, Newcaatie- 
upon-Tyne, brass founder. — Sam. Sterling, Newcastle-upon- 
l^ne, bookseller.— (?M. Halliday, Westgate, bricklayer.— G. 
HalUday, Newcastle-upon-Tyne, dealer in hay and straw. — 
A. Tttit, Arthur's-hill, Westgate, shopman to a Hnen draper. 
— Chas. Bamasconi, Westgate, hawker. — J. Hogg, Newcastle- 
upon-Tyne, upholsterer. — Pet. Tate, |Newcastle-upon-Tyne, 
cabinet maker. — Wm. Donkin, Gateshead, Durham, labourer. 
— Sam. Cook, Weatbrook, out of business. — W, Dunn, Step^ 
ney Ouse-bum, joiner.—^. Graham, Newcastle-npon-Tyne, 
publican. — John Mawson, Westgate, chymist. — Rob. Nixon, 
South Stockton, Yorkshire, carman. — /. Watson, Newcastle- 
upon-Tyne, labourer. — Rob. Watson, Bank-side, Castle Garth, 
bricklayer. — Rob. Frazer, Newcastle-upon-TVne, carver and 
gilder « — John Young, Newoastle-upon-Tyne, jeweller. 
Court-house, Durham, fCountyJ, Feb. 25 at 10. 

Matthew Bell, Sonth Shields, innkeeper.— /oAa Richmond, 
Seaton Carew, gentleman. — John Ayre, Bishop Wearmonth- 
green, surgeon. — Rob, Cooke, Durham, paper manufacturer. — 
Dorothy Atkinson, spinster, Durham, following no employ- 
ment.— JifeA. Heelopf Sonttk Chnrdk, oat of employment.— /. 
Spark, Sunderland near the Sea, grocer. — Rob. Baylee, West 
Auckland, draper. — Wm. Rivers, Sammeihouse, near Dar- 
lington, mason.— ^aa Storey, widow. Bishop Weanaouth, in 
no employment. — Rob, Howdon, South Shields, auctioneer. — 
John Harbron, Bishop Wearmouth, out of business.— JoAn 
Dalkin, Durham, rope and twine maker. — Wm. Boteherby, 
Durham, mBaon.—Matt. Poulouche, Durham, hawker.— TA. 
Trotter, Felling Shore, trimmer.— A'cA. Hardy, North Wear- 
mooth, shipwright.— Oeo. Tone, White-hill-cottage, fhrmer. 
—Matt. Peacock, Hartlepool, innkeeper.^r^ot. Kay, Wd- 
viston, joiner. — Matthew Bales, Durham, publican. — John 
Newby, Barnstaple, husbandman. — D, Linsley, Sonth Shields, 
baker.--J. Shefto, Bishop Wearmouth, tailor.— ^if. BlHott, 
Dnrham, publican. — T. Wright, Stockton-upon-Tees, school- 
master. — John Park, Darlington, stone mason. — Th. Moore, 
Durham, contractor for the working of stone for Cozhoe Col- 
liery. — Leonard Armstrong, Weskerley Spring-cottages, near 
Shotley-bridge, Northumberland, joiner. — R. Sheldon, Ayres- 
quay, near Sunderland, assistant to a grocer.-^Joseph Rivere, 
jun., Hope-town, near Darlington, sawyer. — Jae. Alexander 
Legender, Sunderland near the Sea, master mariner. — Joseph 
Worthey, Darlington, countryman. 

Insolvbnt Dbbtors' Ditiobnds. 

Jas, Beswick, Sunderland, Durham, dealer in hats, Feb. 12, 
Dobbing's, Sunderland: 5s. ^d. in the pound. — Jos, Thomas 
Watson, master in the Royal Navy, Jan. 29, Vernon's, Char- 
ing-cross: 4s. 6if. in the pound.-^Pe/«r Rigby, Liverpool, 
commander in the Royal Navy, Feb. 7, Kenyon and Stone's, 



40 



THE JURIST. 



LiTerpool: 7«. 3if , in the pound. — Johm Mmmwarinfft jnn., 
Bath and Bristol, oomminion agent in the jewellery bnmneMy 
Feb. 10, Bicknell and Co.'s, Linoohi's-mn-fields: 1«. 10^* 
in the pound. — Chariet Hoimegtedf Beaamont-sqnaze, Mile- 
end-road, Hoar factor, Feb. 10» Church and Soni', Colchester: 
7«. lltf. in the pound, 

Mbxtinob. 
J^omoi Brookiit Woolhope, Hereford, yeoman, Feb. 23 at 
11, Jackson's, KTrle-street, Ross, Hereford, sp. aff. — John 
Diver, Thetford, Norfolk, bFacler, Feb. 21 at 12, Wortley's, 
Tombland, Norwich, sp. aff. 

LAW BOOKS 
Mr. HODGSON will SELL bj AUCTION, at his Great 
Room, 192, Fleet-street, (comer of Chanoerr-lane), on 
THURSDAY next, Febmarr lOth, and IbDowbg Day, at 
half-past 12, 

THELAW LIBRARY of a BARRISTER, from 
Janudca; including Runnington's Statutes at Lai^, Vi- 
ner's, Fetersdorff 's, and Bacon's Abridgments, Bythewood & 
Jarman's Converancing, Cruise, Harrison, & Comyns's Di- 
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Treatises and Books of Fraetioe ; also the- Reports of Vernon, 
Peere Williams, Atkyns, DiekeM, Stnmge, Cox, Eden, Vesey, 
Veseryjnn., Veiey & Beunet, Cooper, Meri?ale, Swanston, 
JaooD & Walker, Jacob, Tmmr, Russell, Russell & Myhie, 
Myhw & Keen, Myfaie & Craig, Keen, Maddock, Simons & 
Stuart, Simons, Sdioalas & Lefroy, Ball & Beat^, Brown, 
Dow, Kaapp, Coke, fw aJ M i , Shower, Comyns, Lord Ray- 
mond, BlaoMooe, Bvirow, Cowper, Douglas, Dumford & 
East, East, Mule & Stlwtn, Bamewall & Alderson, Bame- 
wall & CressweB, Baraewaa & Ado^ihus, Adolphus & EUis, 
Lerins, Witles, MariUl, BoeuMiuet fc Ftiller, Taunton, Bro- 
teip it BimMn, Biqgham, BipilMiMe, Cami>beU, Stsrkie, 
Caiviagtn $t B^me, AastnittMrt Price, ^yrwhitt, Robinson, 
^nttMws, Hs^gnrd, Ac*, Ito* 

To be Tiewed, and Catakgnes had. 



LAW OF PARTNEESHIP.-Royal 8to., nrice U. 4#. bda. 

COMBfENTARIES on the LAW of PARTNER- 
SHIP, as a Branch of Commmnal and Maritime Juris* 
prndoMe, with oocaaloiisl Illustralions firom the Ciril and Fo- 
nUga Uw. By JOSEPH STORY, LL.D., Dane Ptoteor 
of the Law in Harrard Univenl^. Also, by the same 
Author — 

COMMENTARIES on the CONFLICT of LAWS. Se- 
cond Edition, royal 8to., price 1/. 4«. boards. 

COMMENTARIES on EQUITY JURISPRUDENCE, 
Second Edition, 2 toIb., royal 8to., 1/. 14«. boards. 

COMMENTARIES on EQUITY PLEADINGS. Royal 
8vo., 19«. boards. 

COMMENTARIES on the LAW of AGENCY. Royal 
8ro., Ut. boards. 

A. MmwbII h Son, Lasr BookaeOera and Publishers, Bell, 
yard, lineobi'a Inn; and T. Clark, Edinburgh. 



CHEAP LAW BOOKS. 

CWILDY begs moat respectfully to announce^ that 
a he still oontfames to carry on his hite father's business 
(lately under the Ffam of Wildy & Davis, Law Booksellers) 
for the benefit of his mother and funily, at the Old Esta- 
BLI8RSO Shop, Lincolk's Inn Gateway, Causy-Strbbt, 
(wrrHiK THE Gates).— C. W. hoping that his Customers, 
and the Gentlemen of the Fh>fession generally, will still con- 
tiniw to favour him with a share of their future patronage, he 
having for the last six years, and since the decease of his father, 
had the Joint Management of the business with his father's 
late partner, Mr. R. T. Davis; and that, by his doing busi- 
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Statutes at Lakoe, and numerous Elementary and 
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extreme value, on applying to C. Wildy, Uncohi's Inn Gate- 
way, Csrey-street, within the Gates. 



LONDON, EDINBURGH, and DUBLIN LIFE 
ASSURANCE COMPANY. 
Persons desirous of partii^patii^ in the matul profits ibr the 
year 1841, which are whoUy divisible amongst the assured, 
ought to lodge proposals at the head oflloe, or with an agent of 
the Company, on or before the 9th of February next. 

ALEX. ROBERTSON, Mansgv. 
London, 3, Chariotte-iow* Mansion-house. 



STARKIB'S LAW OF EVIDENCE.— Third EDinito. 
This day is published, in 3 vols., royal 8vo., 41. Hs. Sd. M. 

A PRACTICAL TREATISE on tlie LAW of EVI- 
DENCE and DIGEST of PROOFS in CIVIL and 
CRIMINAL PROCEEDINGS. Third Edition, with verj 
considerable alteratioM and additions, brondkt down to Mi- 
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Barrister at Law, one of her Majesty's CounssL 

V. and R. Stevens & G. S. Norton, Law Booksellers sod 
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Dedicatedto H. R. H. Prince Albert. 

This day is published, in 2 vob. royal 8vo., price 2/. lOt. bds. 

AN ABRIDGMENT of the LAW of NISI PRIUS. 
Tenth ICdition, enlarged and much improved, widi the 
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Publishers, (Successors to the late J. & W. T. Claike, of F^« 
tugal-street), 26 and 39, Bell-yard, Lincohi's Inn. 



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Hon. Sir EDWARD SUWBN. PHee V. bsanb, 

QUESTIONS ON IMS LAW OF EVIDENCE, irffli 
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COMMON LAW, iHth ANSWERS. By WM« fffiBO- 
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HOUSE DESKS, railed partitioidng, office, llbiHT, snd 
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London : Printed by "WALTER M'DOWALL. PaiKTSP, 4, P»"lr 
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No. 266. 



FEB. 12, 1842. 



With Supplement, 2s. 



%* f%efiJhwmffmretkeN(meioftkeGmtlemmwho/av<mrTnBJiJKm 

decided m the several (hurts of Law and Equity: — 



HowofLndf 



PmrCiwa 



T. Hood, Esq. of the Inner 
Temple, Benrister at Lew. 
fTsNisoN Edwabds, Esq. of the 
' \ Inner Temple, Barrister at Law. 
- r A. V. KiBWAN, Esq. of Gray's 
, \ Inn, Barrister at Law. 
Ike lord ChencriHor's f E. T. Hood, Esq. of the Inner 
Cost \ Temple, Barrister at Law. 

TM-C^tuBdlat of Eng-fTKNiaoN Edwards, Esq. of the 
kad'i Comt \ Inner Temple, Barrister at Law. 

Tin^ChiMeaor Bmoe's f W. W. Cooper, Esq. of the Inner 
Goort 1 Temple, Barrister at Law. 

rioM;k8BodkrW|gram's fE. J. Bbvib, Esq. of Lincoln's 
CoDt \ Inn, Barrister at Law. 



Court of Qneen's Bench 



{£. K 
T« 
G.J 
Tc 



£. KxMPsoN, Esq. of the Middle 
Temple; and 

P. Smith, Esq. oftheloDor 
Temple, Banisteni at Law. 

«««..Be«chB«lCo«t{^i^SSSS J^!' °^* 

R. IfABSHUAK, Ei(|. ef lis* 
cola's Inn, Barrister at Law. 

[W. M. Bb8T, Esq. of Gray's Inn, 
Barrister at Law. 

r Dr. R. pHiLLiMoms, of Doctors' 
» \ Commons. 

{F. FisRBR, Esq. of lincofat's 
Inn, Barrister at Lair. 



Court of Common Fleas 



{' 



Court of Exchequer .... 

Ecclesiastical and Admi- 
ralty Courts 



Court of Reriew 



LONDON, FEBRUARY 12, 1842. 

I5 a ew sow pending before the Lord Chimoellor, 
{Bam§ T. Clo6ury)y a discussion has arisen on the 
^Mtifl^ v]|gi IB inadmissible in eTidenco on the ground 
^^^^ftyi^lt^^ communicaiion. No point in the 
istrfeite HA mndi debated Law of Eridenoe^ offers 
P^ ifltHeades^ <Hr has been the subject of greater 
««iiol«f dsdtton, than this; and it can hardly yet be 
aadtobeastUed. ' 

11)0 gtaatl reaoH of the authorities, at present, 
BKQs to W tbls^ that, as to the parties themselyes, 
vhos thi conzae of proceedings permits them to be 
«oi&pifiid to pre evidence against themselves, they 
ve mapdmMib to dSscloae sueh communications made 
cnfidflByaly to their legal advisers, as have been made 
^vittlMt i dto eote to existing or contemplated liUgation ; 
bot^thit thigrare not compellable to divulge such com- 
"miirstinat^ If made in reference to an existing or con- 
^onplated litigation. And that, as to the counsel, at- 
^Q(>u% or aottdton of the parties, they are not com- 
f^^Uili to divulge matter communicated, or come to 
^Wv^tdlge, in their character of legal advisers, 
^^|Msaide or not in, or in contemplation of, litiga- 
^ (Sis BoUon v. Chrparation of Liverpool, and 
^^ m lu ifkr. Gaahelly 1 My. & K. 88, 98; iVtosv. 
-^^^•*»»«*l Ajlem BaUwa^ Company^ 3 My. & C. 
3K; mnifl. Evid., 8th ed., c. 2, s. 3). 

Si)^ M«L to be the general ndes of the Courts of 
Uw lad Squs^ on thb subject; but, it must be ob- 
M'^ that, in addition to the difficulty arising from 
tn&ft cmffiot of authority, as to whether the privily, 
*s it aiNta ^B s hismes by attomies, is gMieral, or b 
^'""^•i to the dreumstanoes communicated to them in 
vtfetenee to the Boit, there is, in every case, a further 
^*^^^i^^fUkdctsrmining whether the &ctscommuni- 
^^ tnaniMliu^ or the mode in which the knowledge 
tf ue^ Hr ima acquired, are such as to bring the 
Vol. VI. E 



case within the rule, that the knowledge must have 
been acquired by the legal agent strictly in his chaiacter 
of legal agent. 

It is not, however, our present purpose to investigate 
in detail what is the law on this subject, but to examine 
the reason of the law ; and we confess, that to us it seems 
that great doubts may be entertained whether the whole 
foundation of the doctrine is not based on fidae reasoning, 

Mr. Plullipps, in his work on Evidence, (8th edit, 
p. 173), thus states it : — ** Communications made on the 
Mih oi that professional confidence which a client re- 
poses in oounsel, attorney, or solicitor, are not allowed 
to be revealed in a court of justice to the prejudice of 
the client. The expediency of this rule must depend, 
not^ the impropriety of violating the oonfidenoe re- 
posed, but on a consideration, that the o<^tenil ineon- 
venience which would ensue, if no such confidenoe were 
reposed, would preponderate over the direct mischief 
produced by the chance of misdeciaion or fiihne of joa* 
tice resulting from the want of evidence. If, in the 
cases within the operation of the rule, the only confi- 
dence reposed was a confession of guilt or dishonesty, 
the rule would be obviously detrimental to the intaiesta 
of justice; but it is conceived, that, in a multitiide of 
instances, a person possessed of just rights would be 
materially impeded in vindicating them, if dVeiy com- 
munication made to his professional adviser might be 
used against him; if such were the. law, it wcmld be 
necessary, in self-defence, to accompany all communi- 
cations made to a professional adviser with a statement 
of the several circumstances and explanations, which, 
however unnecessary for the purpose of the communi* 
cation, would be requisite to prevent it from, being un« 
fidrly used.'* 

And Lord Brougham, in the great case of BoUen v. 
Oorporaiim ofLiverpoolj (1 My. & K. 88), addredsing 
himself to the aigument, that a partv should be com- 
pelled to produce cases laid by hun before oounsel in 



43 



THE JtJ«I«T. 



contemplation qf proqeedings, makes tliefdloid^g ob- 

Bervations: — ^'It mems plain, that the coarse of justice 

must stop, if jsuch ^a n^ht esdsts. Wo wm «riH dave'to 

consult a profesdonal s^viser with a view to his deibne^ 

or to the en&rcement ,of his xights. The very case 

which he lays>before his counsel^ to adrise upqn the 

evidence, jn^jj and often does, contain the whole of his 

evidence ; and may be, and frequently is, lihe hrief wifh ' 

Miiiek tiMt Jtit !9fMt6 .othar counsel conducts iii? tause.; 

The pdnciple coQtend^d for, tbnt Inspeetioxi of caaes^ 

though not of the opinions, may always.be obtained jbs 

of rights would produce this effect, and neither moiie 

nor less, that a^iatty wofild |go into Ck>urt to try the 

^mm^fmi'timffiWifvid b* tfieociglnai «f i^ b^ef 4hUs 

own Muna^«4bBg,^aikdia>oapy pf it in the bag of his adver* 

^W;y}st0Oimiipl. Jd^j rBS qfteyi as a j>arty found himseljr 

unprepHnfl, mmagprnifii that something new had conne 

^ IM^ adversais^tS knpiFlfKi^e, he might (at least if his 

v«MpUatiff)qiia8t{>ote .Retrial, and obtain a ^Bsco- 

'liffrir^itilDseaewciipmast^ces, which, in all likeli* 

hood, had basn laid htSta comnaAht advice. If ft 'ba 

jn^ ibftt this Coui^«eos^pe^ ^he disclosure of whatjoret 

a party has at any /ttma md r^i^tooling bis v oo s o lu ay, 

«ven ^rif^ Jbia cgnaciepce to disclose his [belief, the 

answer ia, tiha^ admlssioiV not made, or thoughts not 

-c ommuni e atod to prafoanianal a d vi se ro, a>e not MMntial 

ito tbe aeourity 4>f men'$ rights in Courts of Jnstioe. 

FraeacdingPifOT this pu^poaB can be conduotad in full 

perfection, without the party informing fOEky one of bis 

•case, except lus kgal ad wexs. 3iit without such oom- 

xnunmtwQ, no pemon «an safely ^ome iaito « Court, 

either to lofataija redioss or to defend bioudf ." 

Now^ittiesubsfeanoe of these 2ieasonki0s appew» to be, 
.ibataovunonleations anade by a pari^io his l^galad- 
.vlfleQ^inthMr«baiMb«r«s«Boh9 am fto^b^^vileged; 
bfOMM^if timy ave j»ot» a pezupn will not venknre .to 
4}09)iQ9awate to^his kgal adviser all the fiaots of wfai<^ 
he posseMes.a k^owledge^ that ti^ lie wjll not be Able 
io 4mpmx(mi»i^ t^ b«K^> ki ^afety^ ithat iofonnation 
.*9^wh MMhens jiis own case; and* bejog thus iobliged 
iolonvhtia in^<tek» asito^^ivaak^inlpy'thaile- 
gal »Mmst -«RiU be miahl^ ^ moke §q good a caae-fer 
iha dieoft as be joould, if powMsed of fuU knowledge of 
ihs wkoie, }fow« if Uie jiriiMJfde and Qndx>f judJmd 
inreaf^iAan wese, that trnk f«rt^:8hou]4 be Mtd to 
tdl Uscown atofy as advanU^faonsly iw peaubla lor him- 
aeU^ nrt jpfatming the fComrt Uf iha aeid ftots, cbnt-aidy 
«f so jwioh of them as;stt^airto the case ai ik» pwty, 
no d0i[3>t» it wpuld b^ fsonsiateiKt with smoh a principib, 
th^flhe (Confidential commnnioations of ihe lltimit to 
his advisers should be protected by privily. But if, 
on the contrary^ ihe true -end of a judicial inquiiy is, 
that the Court may learn the facts, and having learned 
them, may administer the law accordingly, then what 
argument of convenienoe to parties can be put in com- 
ttotiimi with the overwiieimiag im|iQFtance of the 
tk>Brt!s being enabled totobtain ^1 knowledge of the 
true facts? And on what principle of justice can a 
rule be approved, the very ee^nce of whicn is to give to 
a paily flie advantage of coming into court In the form 
best calculated to deceits that &>ttrt? 

It is quite clear, that, in so far as the commutiioatioiis 

of the dient to his adviser are iaf matters which give 

the cUsAJb an ^tdvanta^e ov«r hia opponon^ he has no 

iqt^is^t, ^d will n^ajte j^ endeavour ,to ^Uf^pX ^m* 

.'U}»m^ whe|i9 tl^ iJrQVHi^^ces coiiMNWuicsitad^M^ 

2 



such, thftt, if knom, they would, pio tanto, turn the 
deeinon of the right against hSm, that there is any desire 
to withhold them. The only object, indeed, of ever 
.aommunicatiiig suchcircumstanoes, is to enable the ad- 
viser so to shape his cas^ upon the evidence which he 
puts forward, and so to manage the bringing forward of 
that evidenoe, as to avoid, in the remot^ degree, any- 
thing that shall cidl the attention of the adversary, or 
irf t&CkHirt, to -tfta dau g w o u s w v idm o e ; foriwurwhfli t 
^an -^vaidd communicate facis prejudici^ ia his own 
caSQ, even to his counsel, except on the assuinption, 
ihal» if npaoaad with fk knowledge of those facts, the 
counsel mighty by jteason of his ignorance of them, so 
shi^e liis case as, inadvertently, to shew, that there 
were facts inconsistent with t)ie case Jnada. ^snlDne, 
the whole effect of shutting out evidence, on the ground 
crifprivilege, is to eniRJle one or both partlas to tmmi 
a fraud upon the 'Court, and to nudce the hearing of the 
cause a hearinfi; on an assumed atate vtf ^fecfts. 

liord Brou^am*s observation, Ihat, if the rdle were 
ncit as It Is, •^'tm man wiH dans to consult a professional 
adijser with a view to hb defence, orto the^enforcemeDt 
of liis'tights,'*' woifld, we admits .be true, if iippUedio 
the case of a man seeiking to enforce merely apj)arent 
Ti|^t% but not if applied to .the easa of one natiiiga 
solid li^t. A rigni, founded on the conceafanent of 
fscts, wnich, if known, would destroy it, can har^ he 
coi^dered such a right as a Court of justice should be 
astute toaucfound with protection ; uid if « man hold- 
ing under such a right, were indirectly precluded from 
protecting his unfounded title, by the difficulty of w 
instructing legsd advisers as to enable them to keep its 
defect out of view, it would, after all, oidy amount to 
Isgriag dowaa as a -rule, that the law will not assist a 
party in asserting and maintaining as a iligh^y thai 
which, in truth, is no right .at all. 

CONSTEUCTION OF THE WIUi ACT. 
fQoniinued from jo* 34J . 

6. Attestation. 

The aot xequiBed to be done in the presence ,of the 
witnesses is the signature of the testator. Their si' 
testation and subscription, therefore, would seem ob- 
viously to have reference to "tiiat act, and to be an act 
Which ought to be done eubaequentkjr to ^e oCher, and 
widch wttnld be unmeaning and mtiSaatmi (till iiie 
other is per^DinBed. In a neeent case of vatW asin- 
gular kmdy 'where ^e witnesses signed first, and after 
them the testator. Sir Herbert Jenner refused |)robate 
on motion, and reserved the c|[uestion of the tahdity of 
the w31 for the judicid opinion of l^e court, (fa ^^ 
^GcoA^Oldinf, 6 Int. 1017)\ 

The §th seotion.of rthe act doss «iQt expressly fequire 
tliat the witaesses should subscribe their namasa^i!^^ 
same, time; but the natural constvuctioUfOf the words 
of that clause appears to be, that, when the siraature is 
made or ackno^edged, the witnesses sh^ vim attest 
and aubscribe, not one at one time and one at another. 
^^Aoovdiogly, where a testator aigiuid bis wiU m the 
presence ca one witness only, who subacdbed i^ ^^ 
afterwards, on a subsequent day, acknowledge^ his aij:- 
nature 4n the presence of the same witness who did 
not then subscnbe it, and of another, who did, it was 
doubted whether this was a sufficient compliance with 
the aot^ and probate was refused. (hth^QioSB^Atim^ 
ifmuM?, 2 Cust-a^l). 

In the interpa^tation of th^t part of H^e dtk sec^ioD, 
which requires the witnesses to subscribe "in the pre- 
sence" of the testator, the same principles of construc- 
tion seem likely to be adopted as were established with 
refe r e nce to the same wm^ m. ^e Statute of Erauds. 

« to asna Gfaien«tiins«n ^ oaB^iTvist, i«t.5»p. U)&« 



THE JURIST. 



43 



Thu^ whfiie a wOl was executed by the testator in the 
aune voom where the witnesses were^ and they attested 
the wifi in that room, this was an execution ** in the 
presence" of the witnesses, and an attestation ** in the 
presence" of the testator, although, by reason of the 
cBztains of the bed in which the testator was 1 ving being 
drawn, the witneases could not actually see tne testator 
meot nor the testator actually see the witnesses sign. 
(jKewion T. Clarke, 2 Curt. 320\ On the other hand, 
yrhsK the testator signed in tne presence of two wit- 
Bases, hat they then remoyed into another room, where 
the^ subeciibed thdr names as witnesses, this was held 
anrnTsHdattestatiite. (IntheOoodscfNewmanydeoeeuedf 
1 CurL 914). I^ howeyer, the witnesses, alter they 
witUiew into an adjoining room, were in such a situa- 
tion In that room that the testator might haye seen them 
from the room where he was, the subscription would, 
agreeably to the rule established by Shire9 y. Okucoek. 
and that daaa of authorities, be yalid, though he did 
not aetaally aee them. But it is obsenrable, according 
to the same authorities, that, when the testator mgneo, 
or acknowledged his ngnature, it was considered that 
he oo^t to he actualhr, and not merely constructiyel v, 
present. And, therefore, even if we adhere to the old 
rak of oonstmction, without taking up any more inde- 
pendent ground, the doctrine of constructiye presence 
eaoBflt be properly applied to that part of the 9th sec- 
tion, whicn. requires tne signature, or acknowledgment 
ofibe aignatiire, of the testator, to be ^ in the presence 
of the witnesses." 

The leasona which render it adyisable, (notwithstand- 
ing the proyiaion of the act, that no form of attestation 
is nfrfswry), to insert a written attestation stating the 
esKutial arciimstances of the execution, acquire an ad- 
ditional force from the practice adopted in the Ecde- 
Bsirticai Comts. For, although the will is signed at 
titt foot, and the names of two witnesses subscribed as 
hsnog attested the will, yet, if there be no attestation 
daiiae^ er if the attestation clause do not fully state the 
ohserwee of all the requinte particulars, the Court of 
Probate will require an affidayit to shew that the sta- 
tute was complied with. If it appear from such i^da- 
yit, thoiwh ex parte only, that tne statute was not com- 

eed witia in all respects, the court will refuse probate ; 
t it win not, on motion upon affidavit ex parte, that 
the will was not duly executed, decree .administration 
of the efieete of the deceased, as dead intestate : for that 
the eoort eannot do unless the will is propounded. (In 
Ae €hoda efAyUng, deceoiedy 1 Curt. 913). 

If the formalities were correctiy fulfilled, one of the 
witnfnaefl, or the snryiyin^ witness, will be competent 
le daoae to all the material &cts. In the eyent of the 
dealli of both the witnesses, it is probable that the Court 
ef Plpobale would shape its practice conformably to the 
role prevailing in the superior courts, and admit proof 
of the wit n csKiJt * handwriting as sufficient, upon a con- 
■detatioa of the drcumstances of the case, to warrant 
the eondosiony that the necessary forms were duly 



7. AUTBBiLTIOirS, OBUTSRATIONS, &C. 

Iiiterfiiieations and alterations in a will, made after 
its execution, must, by the 21st section of the act, be 
exBCBtsd «Dd attested in the same manner as a will; 
but if the alterations are deposed to by affidavit (in 
which fo4 the witnesses should join) as having been 
made before the execution, probate may pass with the 
ahentions;, as stated in the affidavit. (In the Ooode cf 
Mataom, deeeaeedy 2 Curt. 997; In the Goods of Maria 
ieMk,5 Jur.1041). 

Whse the will itself was made before 1838, it may 
be shewn by evidence on affidavit, and from collateral 
drcuoMlBneea^ that an unattested and undated alteration 
in it waa maoe subeequentiy to the commencement of 
the opwrattim of the new act. (In the Goode of I)yer, 6 
3 



Jur. 1016). And in such case, Tthe alteration being 
invalid, ** except so far as the woras or effect of the wiu 
before such alteration shall not be apparent"), the obli- 
terations and erasures may be carefully examined, with 
glasses if necessary, by persons accustomed to inspect 
writings, in order to ascertain how the will originally 
stood ; and probate sliall pass with the obliterated and 
erased pasaages restored, it they can be made out; but 
if it cannot be discovered what those parts oriffinally 
were, probate must pass with those parte in blank. (In 
the Ooodi of Ibbotaony ubi sup.^. Thus, where there 
appeared in a will a legacy of tAir^ pounds, the word 
** thirty" being written on an erasure, and the alteration 
was not signed and attested, as required by the 21st 
section, and it could not be made out oy inspection what 
the word was over which ** thirty" was written, pro- 
bate was decreed to pass with the Imcy in blank. (In 
the Goods of Rifpen, deeeased, 2 Curt. 334; S.P., In 
the Goods of lAOoeky deceased^ 1 Curt. 906). In this 
case, it was deposed by a party who sawthe will before 
the alteration, that the original word was ** fifty." But 
the court is not at liberty to supply by parol testimony 
what is not apparent on the face of the will itself. So, 
likewise, where the testetor, after the 1st January, 
1898, erased certdn words in a will executed in July, 
1837, and wrote a memorandum, steting what the words 
erased originally were ; but such memorandum was un« 
attested, probate of the will as it orig|inally stood was 
refused, the court consideriiiff that this memorandum 
could be looked at to shew what the words were which 
had been erased. (In the Goods ofBrooke, deosasedy 2 
Curt. 343). There was an appeal from this decision to 
tiie Privy Council, where the point has been aigued, 
but no decision has as yet been given. 

8. RKVOCATIOlf BT ** BUHXOXO, TBAUITO, OB OTHERWISE 
DBSTROYINO." 

In a case already cited, (Hotbs v. Knighty 1 Curt. 
768), it was made a question, whether the cutting out 
of his agnature by the testetor, the rest of the paper 
remaining entire, amounted to a revocation of the will. 
The 20th section provides, ** that no will or codicil, or 
any part thereof, shall.be revoked, otherwise than as 
aforesaid," (that is, by marriaffe under the 18th section) ; 
** or by another wUl, &c.,?. which does not apply to this 
case ; ^' or by the burning, tearing, or otherwise destroy- 
ing the same by the testator, or by tome person in ms 
presence, imd by his direction, and with the intention 
of revolang the,Bame."j Jt was unnecessary to enter 
into the consideration whether the act done in this case 
might not be « comprehended under the import of the 
word ** tearing;" for the court was of opinion, that in 
order to bring the act within the meaning of the words 
^ otherwise destro^g," it is not necessary that the 
material of the voll diould be destroyed; but it is 
suffiiiient if the essence of the instmment, indepen- 
dentiy of ite material, be destroyed : and the court con- 
sidered the name of the testetor to be essential to the 
existence of a will ; and if that name be removed, the 
essential part of the will is removed, and the will is de- 
stroyed. 

v In the same case. Sir Herbert Jenner expressed an 
opinion that a similar excision of the names of the at- 
testing witnesses, if done animo revocandi, would amount 
to a revocation; and that an obliteration of the teste- 
tor's signature, in such a manner that it could not be 
made out, might, consistentiy with the 2l8t section, 
have the same effect. 

But the word ^* cancelling," which was in the Stetute 
of Frauds, having been aavisedly omitted in the 20th 
section of the act, the cancellation of the will by strik- 
ing it through with a pen, the names of the testetor and 
the witnesses being lixewise crossed out, but not en- 
tirely obliterated, will not operate as a revocation. 
(Su^hms y. Tos/re^ 2 Curt. 438). B. 



44 



THE juri&t; 



Imperfal parliament. 

HOUSE OF COMMONS. 
Monday, Feb, 7, 

The Atiormtf'GeMral gave notice of motion for leave to 
bring in a Bill to amend and explain the Municipal Corpora- 
tions Aot. By a recent decision of the Court of Queen's Bench, 
it was declared, that, persons holding leases under corpora- 
tions, were not eHgible to sit as town councillprs; and, if they 
did, were liable to a severe penalty. There were, at present, 
no less than 2400 cases of this kind. 

In answer to a question firom Mr. Buller, Sir Robert Pegl 
contradicted the report that has been circulated as to intentions 
on the part of goyemment to alter the constitution of the 
Judicial Committee of the Privy Counsel, and to appoint 
a Presiding Judge to that Court. The Right Honourable 
Gentleman said, that the appointment of two new Equity 
Judges had no direct relation to the Judicial Committee; but, 
by £eir appointment, the anrear of causes in Chanisery had 
been reduced firom 500 to 200) and, it was possible, that the 
Vice- Chancellors might hare, henceforth, more time at their 
disposal, and might take an active part in the proceedings of 
the Judicial Committee. These were reasons for postponing, 
at present, any alteration of the appellate jurisdiction of the 
Judicial Committee. 

Mr. M. Sutton moved for and obtained leave to bring in a 
Bill to explain and continue to the Ist August, 1843, tlw Act 
to amend the Laws relating to Loan Societies. 

Mr. B, Tennant moved, that the House should go into com- 
mittee to take into consideration the Laws affecting the Copy- 
right of Designs for the Ornament of Artides of Manufacture. 
After soms observations on the subject, in whidi Mr. Jf. PAt7- 
lipt and Dr. Bowring took part, leave was given to bring in a 
Bill; and the Bill was afterwards brought in and read a first 
time, and was ordered to be read a second tune on Tuesday, 
the 15th instant. 

The House of Commons has ordered, that the House wiU 
not receive any Petitions for Private Bills after Friday, the 
llthv that no Private Bills be read the first time after the 23rd 
March; and that the House will not receive any Report of 
Private Bills after the 27th May. 

Tue$day^ Feb, 8. 
. Mr. Godson moved for and obtained leave to bring in a Bill 
for better securing the Property in the Copyright of Books. 
His object was to have the Copyrights registered in the Court 
bf Chancery, and to have similar Regbtrations of Mortgages 
and Assignments of Copyrights. At a later period of the 
evening, the Honorable and Learned Gentleman brought in 
his BUI, which was read a first time. 

The Attorney' General obtained leave to bring in his pro- 
posed Bill for amending the 5 & 6 Will. 4, c. 70, (the Muni- 
dpal Corporations Act). 

Also, to bring in a Bill to allow of a Writ of Error, in any 
case of a Judgment of the Court of Queen's Bench on an 
application for a Mandamus* 



SPRING CIRCUITS OF THE JUDGES. 

Norfolk. 
Lord Chief Jiutice Tindal and Mr. Seijt. Atcheblbt* 
. Aylesbury, Tuesday, March 8. 
Bedford, Saturday, March 12. 
Huntingdon, Thureday, March 17. 
Cambridge. Saturday, March 19. 
Bury St. llidmunds, Saturday, March 20. 
Norwioh and City, Saturday, April 2. 

Midland. 
Lord Abinoer, Chief Baron, and Mr. Justice Williams. 
Northampton, Monday, February 28. 
Oakham, Friday, March 4. 
Lincoln and City, Saturday, March 5. 
Nottingham and Town, Thursday, March 10. 
Derby, Saturday, March 12. 
Leicoater and Borough, Thursday, March 17. 
Coventry and Warwick, Monday, March 21, 
4 



NORTHEBH. 

Mr. Baron Parks and Mr. Baron Rot4PE« 
York and City, Wednesday, March 2. 
Liverpool, Thursday, March 24, 
Mr. Baion Rolfb and Mr. Jusiioe Wiohtman. 
Durham, Monday, February 21. 
Newcastle and Town, Friday, February 25. 

Mr. Justice Wiohtmak. 
Carlisle, Friday, March 4. 
Appleby, Wednesday, March 9. 
Lancaster, Saturday, March 12» 

HOHB. 

Mr. Baron Aldebson and Mr. Baron Gvbnet. 

Hertford, Tuesday, March 1. 
Chelmsford, Monday, March 7. 
Maidstone, Monday, March 14. 
Lewes, Saturday, March 19. 
Kingston, Monday, March 28. 

Oxford. 
Mr. Justice Pattbson and Mr. Justice Crssswbll. 
Beading, Wednesday, February 23* 
Oxford, Satiu^, February 20. 
Worcester and City, Thursday, Maioh d« 
Staffoid, Wednesday, March 9. 
Shrewsbury, Friday, March 18. 
Hereford, Wednesday, March 23. 
Monmouth, Saturday, March 26. 
Gloucester and City, W ednesday, March 30. 

Western. 
Mr. Justice Coleridoe and Mr. Justice Ebskine, 
Winchester, Thursday, February, 24. 
Salisbury, Thursday, March 3. 
Dorchester, Wednesday, March 0. 
Exeter and City, Monday, March 14* 
Bodmin, Monday, March 21. 
Taunton, Monday, March 28. 

North Wales. 
Mr. Justice Coltmax. 
Welchpool, Tuesday, March 8. 
Bala, Saturday, March 12. 
Carnarvon, Wednesday, March 16, 
Beaumaris, Saturday, March 19. 
Ruthin, Wednesday, March 23, 
Mold, Tuesday, March 29. 
Chester, Saturday, April 2. 

South Walbs. 
Mr. Justice Maulb. 
Swansea, Wednesday, February 23. 
Haverfordwest and Town, Saturday, March 5. 
Cardigan, Thursday, March 10. 
Carmarthen, Tuesday, March 15. 
Brecon, Tuesday, March 22. 
Presteign, Tuesday, March 29. 
Chester, Saturday, April 2. 

Masters in Chancery. — ^The following gentlemen 
have been appointed Masters Extraordinary in the 
High Court of Chancery:— John Joseph Wise, of Ash- 
borne, Derbyshire; Edward Cheney, of Birmingham; 
Henry Stiibbs, of Nottingham : Charles Metcalfe, jun., 
of Wisbeach, Cambridgewire. 

A Lawyer's powers of Animal Maonbtism.— Lord 
Brougham, once, at the Lent Assizes at York, sat for 
some time intently looking at a witness who ^'^pV^ 
evidence, and whom he was to cross-examine. At last 
the poor fellow, after several cflForts to continue his r^ 
plies, became so dreadfully altomed, that he dcctoiw 
that " he could not say another HfM, unless that g«}- 
tieman,'* pointtog to Mr. Brougham, « would take Wa 
eyes oflF him," 



THE jurist: 



411 



Hoitbon 0a?tttts« 

TUESDAY, February 8. 
DECLARATION OF INSOLVENCY. 

HENKY MORLAND JEENS, Uley, Gloucestenhire, do- 
Oier. 

BANKRUPTS. 

RICHARD LTTTLEDYKE, BnideneU-pUoe, New North- 
voad, liooi-dnper, F«b. 17 at half-past I, and March 22 it 
II, Coort of Bankniptey : Off. Aa0. Whitvore; 8oL Sole, 
A]dcffMRib«iy«-*Fiat dated Feb. 3. 

LUKE WHITBY, Green Dragon-yard, Whiteebapel, bvilder, 
Feb. 17 at 11» and March 22 at 12, Court of Bankniptcy : 
Off. A«. Alsager ; Sols. Dickaon 9t OTerbury, Frederick's- 
niaee. Old Jewry.— Fiat dated Feb. 7. 

MORRIS SCHLESINGER and MICHAEL SAMUEL 
SCHLESINGER, Basmfhall.st., merchants, Feb. 15 at 3, 
nd Mardi 22 at 2, Court of Bankruptcy : Off. Ass. Bel- 
<te; Scia. J. C. & H. Freshfleld, New Bank-buildinn.— 
Indited Feb. 7. 

JOHN WOODCOCK, Stratford, Essex, builder, Feb. 15 at 
at 2, and March 22 at 1, Court of Bankruptcy : Off. Ass. 
Belcher ; SoL Flews, 32, Bucklersbury.—Fiat dated Jan. 29. 

WILLIAM VAILE, Oxford-st., laceman, Feb. 15 at 1, and 
Msrch 22 at 12, Court of Bankruptcy: Off. Ass. Belcher; 
Sob. Bea]nDont& Thompson,' 19, Lmcoln's-inn-iields.—nat 
dritd Jan. 11. 

GEORGE THOMSON and JAMES FORBES, Cratched. 
ftisri, com ihctors, Feb. 19 and March 22 at 11, Court of 
Baokruptpf : Off. Ass. Groom ; Sol. Taylor, 5, Nicholas- 
kae, Lombard-st.— Flat dated Feb. 1. 

JOSEPH MILLER, Stockton-on-Tees, patent sail cloth and 

rope mannfactorer, and GEORGE CRADDOCK, Bond- 

gite, Daxfington, Durham, patent round and flat rope ma- 

nafrctorer, March 4 and 22 at 1, Court of Bankruptcy : Off. 

As. Edwards ; Sols. Bartrum & Son, 112, Bishopsgate-st. 

WiAin.— Fiat dated Jan. 25. 

JOHN BOWERS, Chipstcad, Kent, grocer and draper, Feb. 

19 aad March 22 at 12, Court of Bankruptcy: Off. Ass. 

Edmas; Sol. Cattlin, Ely-place, Holbom.— Rat dated 

Feb. 2. 

CHARLES A17GUSTUS CANTOR, Upper Montagu-st., 
MoaHga-sq., merchant, Feb. 15 at 1, and March 22 at 11, 
Cont of Bankruptcy: Off. Ass. Turquand; Sols. Brun- 
drett fc Co., 10, King's Benoh-walk, Temple.— Fiat dated 
P^. 1. 

6EOR6IANA GIFFORD, Parson's-green, Fulham, school- 
mistFecs, Feb. 22 at 12, and March 22 at 11, Court of 
Baakr^feey : Off. Ass. Johnson ; SoL Tyrrell, GuildhaiL— 
Pill dated Jan. 31. 

EDWARD HALLILEY, Leeds, Yorkshire, cloth manufac. 
torer, Feb. 18 at 2, and March 22 at 10, Commercial- 
baOdinga, Leeds : Sols. Savery & Co., Bristol \ Hornby & 
Tow|good« St. Swithin'a-lane.— Fiat dated Jan. 29. 

JOHN HIGGINS and JAMES MANNOCK, Dukinfidd, 
Cheahire, engineers, Feb. 24 and March 22 at 12, Commts- 
sioDers'-rooms, Maadieater : Sols. Gartside, Ashton-uader- 
Lyne ; Spinks, 18, John-street, Bedford-row.— Fiat dated 
Feb. 3. 

JOHN GIBBS, Great Yarmouth, Norfolk, tavern keeper, 
P^. 11 and March 22 at 11, Crown and Anchor TaTern, 
Gt Ysnnouth : Sols. Worship & Son, Gt. Yarmouth ; White 
&BorRtt, 35, Lincoln's.inn-fields.^Fiat dated Feb. 1. 

WILLIAM BOWER, Wilmslow, Cheshire, cotton spinner, 
Feb. 21 at 11, and March 22 at 3, Commissioners' -rooms, 
BfaaiAester : Sols. Slater Sc Heelis, Manchester ; Milne & 
Co., Temple.— Fiat dated Feb. 2. 

JOHN RITIS WILLOUGHBY. York, buUder and stone 
maaoD, Feb. 15 at 10, and March 22 at 11, Guildhall, 
York : Sots. Leeman, York ; Johnson & Co., 7, Queen's 
BcDch-walk, Temple.— Flat dated Jan. 29. 

WILLIAM ROBINS, Stone, Staffordshire, ironmonger, tin- 
man» and brazier, Feb. 18 and March 22 at 12, Vine Inn, 
Stafford: Sols. Dickenson, Stone; Smith, 48, Chancery- 
lane.— Fiat dated Jan. 28. 

RICHARD WATERS, Newport, Monmouthshire, iron and 
tin plate m«nu£u:tnrer, and money scrivener, Feb. 24 and 
March 22 at 11, Weatgate Inn, Newport : Sols. Uewd- 
Wn, Newport ; White & Eyre, 11, Bedford-row.— Fiat dated 
Jan. 13. 



JOHN PROTHEROE, jun., Bristol, hron and tin merchant, 
Feb. 18 and March 22 at 1, Commercial-rooms, Bristol: 
Sols. Smith, Bristol ; Clarke & Medcalf, 20, lincoln's-fam- 
flelds.— Flat dated Feb. 3. 

JOSEPH GREENWELL and STEPHEN GREBNWELL, 
Shadforth-mill, and Crime-house, near Shadforth. and Sher- 
bum, Durham, millers, com ^nd flour dealers, lime burners, 
n'aziers, farmers, and quarrymen, March 10 and 22 at U, 
Bankrupt Commission-room, Newcastle-upon-l^e : Sols. 
Marshalls, Durham; Marshall, Claypath{ Rogerson, 24, 
Norfolk-st., Strand.— Fiat dated Jan. 29. 

RICHARD BLACKMORE and JOHN CRAVEN, Wake- 
Add, Yorkshire, corn-millers, Feb. 15 and March 22 at 2, 
Commiasioners' -rooms, Leeds : Sols. Whitham, Wakefidd ; 
Preston, 12, Tok6nhouse.yard.-^Fiat dated Jan. 22. 

THOMAS APPLBYARD, Noxthowram, Halifax, York- 
shire, stone-merohaiit, Feb. 25 at 11, and Majnoh 22 at 10, 
Stocks & Maeaulay's, Halifax: Sols. Jaquea It Co., 8, 
Ely-place.^Fiat dated Jan. 25. 

MSITIVGB. 

Jktniel iUd09m and /on. WriffAtf Glossop, Derbysbhrv, 

eotton-Bpinpeni, March 11 at 2, Commiasioaers' -rooms, Man- 
chester, pr. d. ; March 12 at 11, and. ac. — TAo», Afo/fnewr, 
Manchester, victualler, March 2 at 11, Commissioners'-roomt, 
Manchester, ch. ass. — Arthur Collot and Alfred Tloinsoii, 
Brighton, Snssex, sugar-manufacturers, Feb. 12 at 12, Town- 
hall, Brighton, ch. ass.— Ifm. AmM, Walbrook, sponge and 
india-rubber merchant, Feb. 22 at half-past 11, Court of 
Bankmptey, last ex.— JB. Marthmll, High Holbora, tallow^ 
mdter, March 2 at 12, Court of Bankruptcy, last ex. and and. 
ac— Geo, Bradehate, Welshpool, Montgomeryshire, draper, 
March 3 at 11, Royal Oak, Welshpool, last ex.— P. Merriii, 
Huggin-lane, Wood-st., warehouseman, March 3 at 12, Court 
of Bankruptcy, and. ac.— £. Dixt Jun., Roebuck-place, Great 
Dover-st., Southwark, builder, March 3 at half-past 12, Court 
of Bankruptcy, and. ac. — BenJ, Ingram, Beech.st., Barbican, 
timber-merchant, March 3 at half.past 1, Court of Bank- 
ruptcy, and. ac. and fin. div. — Riekard Smith and Stephen 
Marshall^ Austin-friars, Russia brokers, March 3 at 11, Court 
of Bankruptcy, and. ac. and div. — Jeeee Bridgman and Wm, 
Drylandt Upper Chapman-street, St. George's E^ast, tallow- 
mdtera, March 3 at 12, Court of Bankruptcy, and. ae. and 
diY.—JUehd, Gr^the Welford, Strand, printer, March 3 at 
1, Court of Bankruptcy, aud. BC.^Biehd, Wm. Huffh Jones f 
Castleman and Mortlake, Surrey, and Bayswater-ter., Middle- 
sex, coal-merchant, March 3 at 12, Court of Bankruptcy, 
aud. ac. and div. — TTioe, /Ti//, jun., and Wm, BrooheSt St. 
Mary Axe, merchants, March 2 at 1, Court of Bankruptcy, 
and. ac. — Geo. Gandy, Princes-street, Spitalfields, silk manu- 
facturer, March 2 at 12, Court of Bankruptcy, aud. ac. — ^3fi7e« 
Coet Goldsmith-st., Wood-st., Cheapside, laceman, March 2 
at 2, Court of Bankruptcy, and. ac. — Edward Evanf, Carnar- 
von, coal and flour merchant, March 2 at 11, Castle Inn, Car- 
narvon, aud. ac. — Wm, Haekayne, Liverpool, ship-chandler, 
March 2 at 1, Leather's, Liverpool, aud. ac. — John Smith, 
Deptford-bridge, Kent, hatter, March 2 at 11, Court of Bank- 
ruptcy, div. — Vincent Robert Affred Brooke, Robert-street, 
Hampstead-road, stationer, March 2 at 1, Court of Bank- 
rupt<7, div. — Jos, Grant and Peter Grant, Coleman-street, 
merchants, March I at I, Court of Bankruptcy, fin. div.— G. 
AndretDi, Sturminster Marshall, Dorsetshire, woolstapler, 
March 1 at 11, Greyhound Inn, Blandford Forum, aud. ac. ; 
at 2, fin. div. — Richd, Howard Hotkine, Liverpool, victualler, 
March 14 at 11, Commissioners' -rooms, Manchester, pr. d. ; 
at 12, aud. ac. and div. — Wm. James Holt, Grantham, Lin- 
colnshire, wine-merchant, March 3 at 11, Gilstrap's, Newark, 
Nottingham, aud. ac. ; at 12, div. — Samuel Somv, Jaekwn, 
Liverpool, wool and oil-merchant, March 3 at 12, Clarendon- 
rooms, Liverpool, aud. ac. ; at 1, fin. div. — Huffh Maeiay, 
Liverpool, ami Archibald Fraser Mackay, Glasgow, mer« 
chants, March 2 at I, Clarendon-rooms, Liverpool, div* 
CaaTiFicATXS to bb ALLOwaa, 
Unlets Cause shewn to the contrary, on or before March 1. 
Thos, Eskrigge, Warrington, Lancashire, cotton manufac- 
turer. — Anthony Geo, Wright Biddulph, Henrietta-street, 
Covent-garden, banker. — Jas, Ford, Bristol, cooper. — ThoSi 
APSwiney, Tonbridge-wells, Kent, hvi}lder,'---Joseph Maddox^ 
Watling-street, warehouseman. — Richard Archard Jones, 
Friday-street, Cheapside, Manchester warehouseman. — Henry 
Jos, Reed, Marquu-coort, Dniry-hine, victualler.— iSTenry 



J 



46 



THE JURIST. 



HUdjford and Boht. HUdyard, Brigg, Lmoolnshire, wine and 
apirit-mqvhants. — Oeorge Gimdy, Prinoes-st., Spitalfieldi, 
jaSk maniifactarer. — Anthony MorUtnd Souldy, — John Wet- 
ion, Wood-street, warehouseman. — John SentOTf Liverpool, 
iron merchant. 

Scotch SxaussTRATioifs. 

Lloyd and DongUu, Leith, merchants. — Jamea M^MiUan, 
Greenock, ship-builder.-— /ain«t Murdoch, Carbieston-Byers, 
Coylton, grain and hay-merchant.^ito^tfr/ Liian and Co,, 
linlitfagow, gine mannnctnrers. — Daniel Campbell, Glasgow, 
spirit-dealer. — Wm, Thonuon, Edinburgh, baker. — Dugaid 
SmeUnr, Glasgow, innkeeper.^ TFm. Wylie, deceased. Ten- 
ant of North Lockaway, Kinnettles, Forfiurshire. — /. Yow^f, 
Edinburgh, boot-maker. 

INSOLVENT DEBTORS. 

Saturday, Febrwrry 5, 1842. 

Thofollowmg Anigneee have been appointed. Further Par* 

tieulare maybe learned at the Q^0, flu Portuyal-et,, IAn» 

eoln^e-hm-flelde, on ghring the Numher qfthe Caee, 

Jamee Gilbert, Deronshire-grore, Old Kent-road, Surrey, 
nap-publisher, No. 52,685 T. ; Wm. S. Orr and Stephen J. 
Russell, assignees.— £diM^. Grattan, Deronshire-place, Stoke 
Newington-green, map-publisher. No. 52,684 T. ; Wm. S. 
Orr and Stephen J. Russell, assignees. — Wm. Potte, Upper 
Clatford, Southampton, out of business. No. 57,442 C. ; Chas. 
Geo. Brodie and Valentine Morris, assignees.— TTm. Delany, 
Upper Whitecross-street, St. Luke's, shoemaker, No. 52,079 
T.; Edward Bridger, aamgaee.—John Ranyeley, Belvedere- 
cottage, Champion-grove, Camberwell, Surrey, engineer. No. 
^2,331 T. ; Matthias Montague, assignee.— CA«ff. Robinson, 
Birmmgham, oordwainer. No. 58,036 C. ; Frederick Wheeler, 
assiffnee. — Nath. Archer, High-st., Wapping, Uoensedbeer 
reti^, No. 49,539 T. ; SamL Sturgis, Esq., new assignee.— 
W» Brutton, Kenton, Devonshire, gentleman. No. 48,819 C. ; 
Henry Melhuish Ford, assignee.— Ifa//. Wood, ToU-house- 
biU, Notting^iam, painter. No. 58,006 C; William BeU, as- 
signee.— /oAn BoUane, Bradford, Yorkshire, plumber. No. 
56,401 C; William Smith, assignee.— ^m. Sabine, Green- 
wich-road, Kent, painter. No. 52,069 T. ; H. Page, assignee. 
— Bich WilUam Boberte, Corporation-row, Clerkenwell, out 
of business, No. 51,263 T. ; Benjamin Robinson, assignee. 
The following Prieonere are ordered to be brought btfore the 
Court, in Portugal-et., on Tuesday, March 1 at 9. 

George Clarhe, High-street, Hampstead, out of business. — 
Bdw. Binne, Upper Berkeley-street, proprietor of the Alligator 
Newspaper. — H.Langeton, Kew-fbot-lane, Richmond, Surrey, 
bricklayer's labourer.— CAor/w Ives, Mary-st., Hampstead- 
road, attorney's clerk.— ^. Penny cad, Seymour-st., Euston- 
sauare, grocer.— G«o. Thompson, New MiUman-mews, New 
Millman-st, Guildford-street, Gray's-inn-lane, farrier.— JoAn 
Mason, Chester-street, Kennington, Surrey, horse dealer. — 
Chas. Wright, Manchester-buildings, HoUoway, plumber. — 
T, Basterfield, Friar-st., Blackfriars-road, Surrey, locksmith. 
— W. Nettlesh^, Kirby-st., Hatton-garden, jeweller. 
March 3, ai the same hour and place. 

John Osbom, Upper Montagu-st, Montagu-sq., licensed 
dealer inhorses.- /fmry Baxter, Park-st., Dorset-sq., brick- 
layer.— /oA» Harris, Old Gloucester-st., Hoxton, carver.— 
Thos. Bowney, Euston-pl., New-road, out of business. — BUen 
Bdwin, St. George's-place, Walworth-road, Surrey, school- 
mistress.— 6«o. Saunders, Wood-end-green, North Holt, near 
Harrow, farmer's labourer.— ^etf. Bnsoll, High-street, St. 
Giles's, out of business.— Q«o. Bdw. Bobinson, Queen-square, 
Westminster, taik>r.— CA«ff. Valentine Austin, Ratcliffe-terr., 
Goswell^rd., water gilder.— /oAn Baylie, Pleasant-row, Pen- 
tonville, and Castle-street, Holbom, law stationer. 

Court-house, Maidbtons, Kent, March 3 at 10. 

James Phippen, Maidstone, traveller.— G«o. Kemball, Mil- 
ton, shoemaker.— ITm. Baynes, Canterbury, draper.— 7%m. 
Adlington, Milton, cordwainer.— JbAn B. Clarke, Tonbridge. 
turner. — Wm. Iremonger, jun., Sittingboume, cabinet maker. 
— Bdw, Gates, sen., Bennington, farmer.— Dsnie/ Coveney, 
Strood, draper's assistant.— Jot. Drewett, HiU-park, Wester- 
ham, gardener.— 7%M. Tribe, Yantlett-creek, AUhallows, Ro- 
chester, lieutenant in the Coast Guard Service. — Wm, Hay- 
ward, Maidstone, town esjrter.-^Bdw. Charlton, Maidstone, 
mi of hfuiniess.— Stephen Oliver, Biddenden, labourer.— /<mtf 
Bvans, Boug^ton, housekeeper.— Jto^^r/ Timothy Davidson, 
Chatham; out of business.— George Collins, Shingle^end, near 



Sandwichy lieutenant on the Coast Guard Servioe.— H^m. Joy, 
Tonbridge, painter. 

Court-house, Caklislx, Cumberland, MarchZat 10. 

/. Nicholson, Carlisle, innkeeper. — Wm. DtUston, Stsnwiz, 
near Carlisle, derk to common brewers. — Wm. Carrutkers, 
Carlisle, solicitor. — Bob, Fisher, Low Hesket, tailor.— /on^il 
Story, Kingsdown, grocer. — J. Stubbs, Penmddock, farmer. 
^^John Gibson, Penrith, surgeon. — William Slander, jun., 
Cockermouth, tin plate worker.^- 7fto«. Brown, Carlide, hone 
breaker.—/. Gate, Carlisle, grocer.— i^AodrscA Peat, Mary. 
port, mason. — Thomas Harrison, Botchergate, Carlisle, iboe- 
maker.— TAof. Goodbum, Carlisle, saddler.—/. Carrutken, 
Cargo Stanwix, draper. 

Court-house, Cakdioak, Cardiganshire, March 2 ai 10. 

Wm. Charles, Clawdd conin, Cenarth, fiurmer. — Wm. Cox, 
Aberystwith, Cardiganshire, out of busine8S.^12icA«rd James, 
Llellyllwyd, Llanfi^ngel gen ewrg lyn, farmer.-^oikfi Davits, 
CaecendCT, Llan ba dun tre peg Iws, farmer. 

Insoltknt DxBTona' DnrinnNos. 

James Mee, Northampton, butcher: la. Id. in the pound.— 
Jos. Flack, Norwich, civil engineer: la. &d. in the poand.— 
Alex. Horn, Portsea, Hants, master in Royal Navy: 2s. 6d. 
in the pound. — John Newman, Hillingdon, saddler: 2s. id. 
in the pound.- TTt'/IJam SomerviUe, hce, Kent, lieutenant in 
Royal Navy: 8<f. in the pound. — Thos. Bradshaw, Cotting- 
ham, Northamptonshire, farmer: 3#. in the pound. — Sank 
Maher, Bristol, esrthenware dealer: 2a. lOcf. m the pound.— 
Sam. Taylor, tide waiter in her Mijesty's Customs: 7a. 9tf. 
in the pound. — /. Shinn, Little Smith-st., Chelsea, butcher: 
3a. lOtf. in the pound.—/. HecJtford, derk in the Exchequer 
Office of Pleas: la. 7d. in the pound.— /oAti Taylor, Port- 
wood, near Stockport, druggist, la. S^d. in the pound.— /oAa 
Potts, Macdesfield, Cheshire, silk dyer: 4a. 9^. in the poood. 
-Wohn Potter, Horsham, Sussex, bricklayer: la. S^. in the 
pound. — Chas. Jas. Kennion, Albany-street, Rwent's-park, 
artist: la. lid. in the pound.— &»». Jackson Beid, Esst-pl., 
Kennington-cross, Lambeth, gentleman: 3a. Id. in thepmmd. 
--Fired. Sherwood, Nelaon-sq., BUickfUars, Surrey, bailder: 
la. Id. in the pound.- ITm. Wilkins, sen., FOwis-pl., Hamp- 
stead-road, coach-smith : la. Sd. in the pound*—/). Rowlands, 
Carmarthen, farmer; la. 10^. in the pound. 
ApplicaOon at the Provieional Assignee's Ogtce, Portugal-st., 
Lineoln*s-inn-Jlelds, between the hours qf II and 3. 

Geo, Stanley Mann, steward of the Veaper Graveaend steam 

boat, Feb. 12, Richardson's, Gravesend, grocer: la. O^if. in 

the pound. — Thos. Pepper, Covent-garden-market, fimit salflB- 

man, Feb. 7, Jacobs', Farringdon-market: 6a. bd. in the pound. 

MuTtNOa. 

Steph. Hiekmott, Pembury, near Tonbridge, Kent, sawyor, 
Feb. 25 at 12, Austen's, Rose and Crown, Brenchley, ip« an* 
— r. Bishop, Rayleigh, Easex, grocer, Feb. 24 at 11, Wood's, 
Rochfbrd, ap. eS.^Thos. Bapley, Old Brentfbrd, mark et gar - 
dener, Feb. 25 at 12, Staniland and Long'a, Bouverie-street, 
Fleet-st, sp. aff.—Jer. Board, Worle, Somersetshire, famer, 
Feb. 16 at 3, Court-house, Portugal-st., sp. eS.-^W. Duelnit, 
Thames Ditton, Surrey, fkrmer, Feb. 26 at 10, Walter and De- 
mainbray's, Kingston-upon-Thames, sp. aif. 

FRIDAY, February 11. 
BANKRUPTS. 

EDMUND WARNE, Lisle-st., Westminster, carpenter and 
builder, Feb. 22 and March 25 at 12, Courtof Bankruptcy : 
Off. Ass. Alsager ; Sols. Allen & Co., Cariislo-at., Soho^' 
—Fiat dated Feb. 10. 

CHARLES CASWALL, Wobum-plaoe, RusseU-sq., lodg- 
ing-house keeper, Feb. 22 at half-paat 12, and March 25 rt 
12, Court of Bankruptcy : Off. Ass. Tnrquand; Sols. CooK 
& Sanders, 1 , New Inn.— Fiat dated Jan. 28. 

JOHN METHUEN GIPPS, Howland-st., Tottenham-court- 
rood, wine-merchant, Feb. 18 at 12, and March 25 at H, 
Court of Bankruptcy: Off. Asa. Graham; Sol. BiUuigt 
King-st., Cheapside. — Fiat dated Feb. 8. . 

HENRY BRAYNE, Nine-elms, Battersea. and Manor-st., 
Clapham-road, Surrey, coal merchant, Feb. 23 at 12, ana 
March 25 at 11, Court of Bankruptcy : Off. Ass. I^»igJ- 
ton; SoU. Stevens & Co., Queen-st., Cheapside.— iW 
dated Feb. 8. .«tij-c 

EDMUND MANNING and CORNELIUS CHABLBJ 
MANNING, High-st., Aldgate, drapen, Feb. 22atl2,«* 



rHB JURIST- 



47 



Miidi 25 at ]!• CkMBt of Ba]ilciiipte7: Off. Am. Groomt 

mt Mawiirtiwi, Bat]«ttrs.baildiiigi, Hoboni Fiit lUtad 

All. 7. 
MB9 CBI^m^ «Bd THOMAS nUBLMNG, Bkik. 
b«m» XfttttidM, jmaen and bnildBm, Manh 24 at 11 and 
JteMk » mt Z, Xoam-faalU PraateD, JLascaahire: Sols. 
!Bnmiitai»UFerpo9l; Jotmson&.Cq,, TaBtfle»-^FUt dated 
Feb. 7. 
aUCK KUIKRUSICK, AfoirpQit, Jala nf Wight, J8«ath. 
f^. 22 at 11, aDdMarali25«t4,QQUd- 
; ^la..Heani & Son, Kawport jnd IMe; 
lAtfiaanih 28, JofcMrt., aedibi:d4r<iwy-^at dated 

fiBCiaM.HAlI.IJTT, Ejde, lale^tfU^t^dnipar, ¥^b. 19 

aiad Mardi 25 at 1, Pier HoM Jtjda, lale of Wigbt: Sola. 

Mmm^ ten. V«iqioKt«iid %de; H. W..& wTc.fioie, 

4». liWiwwulmiy.— iFiat dated.Ja]i. 20. 
SINGER EDWARD HIDE, Broadimtor, Suases, Midar, 

9idk> tt wd Mansii "25 at 2, ^[Viwii^all, Brighton: Sob. 

BlMi9il,^oi11ihi^ Holfe & Bdmuodi, 12,:t^t}i-Bquare, 
^MfMnu— Rat dated Feb. 2. ^ 

TBOMJtB SCAXj, 'Sandwidi, S^ent, hurnian and corn finctor, 

'Kk, 22 «t 12 and Mardi25 at 2,Bell Inn, Sandwich, Kent: 

'Si^'finnige&'EaBnieraDn, Sandwich; D]^e, 61 , LinccdnV 

inn-l dda.— fat dated Jan. 19. 
BE!9RT A:I>IC^?fiUS BABBR, Undfield, Snaaez, maltiter, 

Ml. 18 -wt I and March 25 at 12, l\>wn-hall, Brighton: 

Sols. V«rral A Lawia, Lew«a; MUlaid & Adama, Coid- 

waioan'-lidL— FSat dated Jan. 15. 

MSBTINGB. 

l%9mm MamUtf Princaa-stieet, Leiceater-aq., aiWanaaith, 
Ak 93 at 12, Conrt of Bankmpti^, pr. d.— -TThat. XHieU^un^ 
While UoD-oonrt, Condiill, acriyener, Feb. 22 at 1, Conrt of 
Bnbntey, pr. d.-* JoA» CamUhen^ Mitchella, Speldhorat, 
Kaft, giifBhiT, i0ri]u.21 at half-paat 10, Court of Bai^niptcj, 
«L aaa. — Bkemerer Bag^, Exeter, atraw bonnet dealer, Feb. 
tt gt U, Oonrt of Bankniptcy, laat tz.^WUHmn BMn» St. 
fcaftww'i roagl, Sonthwark, diaper, Feb. 21 at half^iaat 12, 
Cai^af Banlnriiptey^ ]aatex.~Gaor^e ilealey. Pall-mall and 
fitiMid, ipotioa«er, Feb.21 at 1, Coort of Bank- 
■t flou-^C&M. Sei^M, KingatoB-vpoo-T^niQi, 
saber VMidiaBt, Feb. 15 at half^paat I, Court of 

r, laat ez«— JM. G^ppy, Halatock, Doiaet, hone 
1 1 at 12, Mermaid Inn, YbotU, laat ex.— S'om. 
/m. dadwick, and John Chadwiek, Heywood, 
' i apionera, Feb. 24 at 10. CoBMniaaionara'- 
r, kat ex. aap. eat. of Jokn Ckmdmek,'-G, 
XfOBg-allqr:, Woariiip-Btreet, TiotuaUer, Maroh 7 at 
ai» Coat of iBankrnptcj, and. ac.— ^en. PAq^w Colihertqt, 
Bodmicr, Xcnt, djer, March 7 at half-past 11, Conrt of 
Bankraptcj, and.ac.; Ml 12, div. — J,Berkeky Damt, Tot- 
teoham-coort-road, ironmoQ§|ec, March 7 at 1, Court of Bank- 
j^llBr,«nd. ac* — Wm. M'Cieawe, London-road, Itnen draper, 
iUtdk 7 at baK*peat 1, Covrt of Bankroptcy, and. ac. ; at 2, 
dirw— J f ar jr .^aae Da^eoa, Ozford^terr., H^nde^park, InmrA- 
J aghn aa e h a cpT , Manh 7 at half^past 12, Coart of Bank- 
raptqF* MMt m^—Bdw^d Brighij Picket-street, Strand, dra- 
per. Mardi 5 itf 12, Coort of Bankruptcy, and. ac. and di?. — 
J9km Skerrimg Clark, Angel-eeort, llirogmorton-at, braker, 
Ifarrch 5 at 1 1, Coort of Bankroptcy, and. ac. and dir. — Hm. 
a, Kina-at., and ChadweD-st., Cletkenwell, timber- 
, March 5 at 1, Conrt of Bankraptcy, and. ac. and 
■ Jiqtp, Iiittle Hampton, Sussex, com merchant, 
: 11, Dolphin Hotel, Chichester, and. ac.— /. Holt 
ITeraa, Ukn BpHr Seron, /. K, Heron, and Arthur Herm, 
Matefcesaer, and Wigan, liancaahire, ootton-spinners, March 
6 at 12, ConanissioBera'-rooma, Mandieater, dir. ; March 9 
at 12, and. ae. — Tho§. HardSngham, Lower 6eoige-st., St. 
Lake* CMaea, bricklayer, .March 4 at half-past 2, Court of 
Barikniptey, fin. dhr. — Wm, Sike§, Hemy Sik§9, and Tho9, 
I Fittiaa aa, City Of London, bankera, March 4 -at 1, Conrt of 
Saakraptcy, div.«*-J5kiv. •ffir^M, Southampton, cabinet maker, 
March 7 at 12, Star Hotel, Soutinmpton, and. ac. ; at 1 , iin. 
ffiv. Jfvt^h S^Mdon, Kettieahahne, Cheshire, f!Otton spinner, 
Mansh 4at 11, Angel Hotel, Macclesfield, aiid.ac. ; at 12, fin. 
^.^-Beeleo Skfone, York, Unen and woe&en draper, March 
18 at e, Gaadhall, York, and. ac. ; at 3, div. 

CBBTiriCATEB TO BE AXLOWSO 

CTatea Omw atana U ifo cmftwarif, on or krfore March 4. 
; Mha Jitid, BtffleW, duuretmiker.-'/osi'pA JPUAtr^ B^«> 



<nlnfbam,coaldealer.-*>2: fiRbyjor and Sl»ka Tt^lon, JU|a. 
tnassh, Yorkshire, aartheawarB maaolaoturers. — /. C. ^afkir, 
KewcasHe-upon-Tyni;, ship4)fQker«-^oiaJ^iJ{lofi iimd. Jamaa 
Pmtqft Manchester, and Colne, Lanoaafalre, manuftctnrers of 
Moasseline ^ Lainee.— /ame« PowUnejf, BirmiaghaaK fain- 
keeper. — Bieh, Copt, Stalfbrd, sack dealer .~>7mj« Brmmin 
and Wm. JfrpUmd, dipper Chspman-at., Bt. 6eQige'*s East, 
tallow mettars.— Jl. W. mtary, £waBii|g4Mll, Caabadapl, 
^roMfeander.— 4t Aon%, Bridga^., Waatajautsiv miUkair. 
^-rMMwofv 9f^o. ^Mjp'a itowtft liayviaMev^aaBMa, vUHBsaaK, 
<eaia<»iBavehant. 

Piavs Aifiiouju>, 

Sanmsl SMnffttTf Liverpool 'lincn-fflisipier.^-^Wto. WinSiTp 
Hackncy-xoad, jeweller. 

pMBTRMbBBiaa X^aaotifaKA. 

aoht. OwttoH and 91redyt. Oaryitf 'Glaurfbrd -Brign, lal|i- 
cdlnahire.attomlea and aoMtors. — Wm, Bnmtmmad /. dj e s i l , 
Voiter •lane , Cheausidc, 'attomiea*at law aoa *aoB ul toia » " Ar ^ 
chihnld Canttrvn and 'Htmry -TMey, Woxvetfter, attufnin and 
aoKdton. 

Scotch SaauBaTRATioNa. 

RoHf&rt Parker and Vompanf, tBaagov, taStien^*^Smm» 
Bell, Esq., deceased, Ntaewar, aheiiff>clerk of Berwickshire. 
— ITm. BaUtn^aU, Korth LeMi, ^Up-UMlnr.^^oJhi (fifeara, 
Sfdiabax^^, ani|p0OD« 

IKSOIMSNT DEBTORS. 

Thefattmami Prufnanate ordered io be kromgttt ig» before 

the Cmrt, in Poriuffal'OL, en fHday, Ma/vh 4 mi^ 

Wm. WeUrmp^ St. Thoaaaa^atneet, Bonaigh, fioatbaaak, 
and Ipswich, oom-dealer. — Bamett Joseph, MidSeaez-atreet, 
Aldgate, metal-stripper.— «Datnfl[ Hnghee Davtu, Strand, gro- 
cer's ahopman.-*/. 4S^#«/^, William -at., MaBcheater<«qnare, 
cheesemonger. — Charlee Jnliue Bender, Clevaland-at., Fttz- 
roy-sqnare, comedian. — John Palmer, Floet-lane, out of 1)uai- 
nesB.— /aooc JVa^Acm, Qnaen-at., Boston, tobacconist. — Wm. 
Wel^ord, sen., Claremont-cottaige, Old KenUroad, Surrnr, 
out of busines8.-^i». Jardine, sen., Liverpool«at., King^s- 
crosa, election agent. — A, Datie, SaTsge-gardeaa, Crutcbsd- 
friars, wine and spirit-broker. 

March 7, at the eame hottr and place, 

John Powell, Henry-st., Bedford-square, Commeroal-raad 
East, out of business.^/oAn JHckaeon, Cambridge-street, 
Hyde-park-sonare, tailor. — Joe, Knott, Copenhagcn-stnet, 
White Conduit-fields, and Weston-at., Somen' -town, coffin- 
maker.— /oa. Wheeler, Tottenham-oourt-itmd, aaaiaCant to a 
linen-draper. — John Johneon, Gmavenof -at. , Mflbank-row, 
Westminster, foreman to a stone-mason. *— Jaco^ Meyer, 
Houndsditch, dealer In Manchester m auufaatmwl goods. — W. 
Prior, John-street, Wwt Hackney, carpenter.—/. Barlow, 
Leice8^er-sqnare, and Leiceater -place, dealer in twacoo.*— x/. 
Hoemer, Craven-st., Winckworth-boSldings, Ctty-^., matlier 
of pearl-woricer.— JKBMfy John Wutkma, Benactt-st, Char- 
'lotlB^treet, Fitsroy-sqpiana, painter. 

Caurt'homie, HAVSKro&nwKST, PenOrokuhire, March 4 

Wm. Hood, Haverfordwest, boot-maker. — Win. yioberte, 
Rock, schoolmaster. — Thot, Harriet, Haverfordwest, mason. 
— Wm, Stephens, Haverfordwest, out of business. — B&yamin 
PhilUpt, Bryn, Llandewy Telfrey, fanner. 

Coiir/- Aoaa#, Cantbrbubt, {City), Maroh 7 at 10. 

l^oe. Admane, Canterbury., out of busmeas. 

IlfaOErTBNT DbBTOB's DlVtOSKll. 

John Southern, Bolton-le-Moors, Lancashire, prorision- 
shop-keeper, Feb. 19, Taylor tc Andiews'a, Belton-le-Moors : 
4e, 6<l. in the pound. 

MCBTINO. 

Wm, Brutton, Warren-cottage, Kenton, Devduihire, gen- 
tleman, Feb. 26 at 11, Carter's, Exeter, sp. aff. 



MeMBCBS KETCIOfED TO SBRYS Itf PAKlXAnSNT. — 

Sir HowRrd Donglaa^ Bart.» for the borouffh of Livttv 
pooly in the room of Cresswell CressweU, liSq., who b^s 
accepted the office of one of Uie Justices of the Court of 
Common Pleas. George Arkwrighty Esq., for the bo- 
rough of Leominater, m the room of Jamea Wimm, 
Esq., who has accepted th^ pftfie of Vife-^hwiPfttmr. 



48 



THE JURIST. 



LAW.— WANTED, by a Gentleman, admitted in all 
the Courts, a COUNTRY AGENCY, or the BUSI- 
NESS of a TOWN SOLICITOR, on Agency Terms. Re- 
ferences as to respectability, capability, and integrity will be 
given. Address (pre-paid) to £. F., Jurist Office, Chan- 
cery-Lane. 



LAW^-W ANTED, by an Attorney in the Country, 
a CLERK, well aoquaintsd with the General Praetioe of 
a Country Office, he would be required to Copy and Engross. 
Any Gentleman who has been in an Offioe» and is desurous of 
being Articled, would find this a favourable opportunity. Ap« 
ply,^ letter, stating address, references, ana terms, to A. B ., 
Post Office, Burford, Oxfordshire. 



LAW BOOKS.— A CATALOGUE (Gratis) of 2000 
SECOND-HAND LAW BOOKS, Andent and Mo- 
dem, in English, Latin, and French ; including the Old Re- 
porterst Citu, Feudal, Eorlemastical, aadUniTerMl Law; many 
of them scaroe and curious, at very low pzioes, to be had it 
A. ROBERTSON, 5, Great Turnstile, lincohi's Inn-fields, 



FOK ON SIMPLE CONTRACTS, AND THE ACTMif 

OF ASSUMPSIT. 

On Monday next, will be published, in one Vol. 13taM.» 

A TREATISE on SIMn.E CONTRACTS, aad the 
ACTION OF ASSUMPSIT. By WILLIAM FOX, 
Esq., of the Inner Temple. Special Pleader. 

y. and R. Stevens & G. S. Norton, Law Beajwdfars and 
Publishers, (Successors to the late J. & W. T» Clarie, of Por- 
. tugal-street), 26 and 39, BeU-yard, linoola'a Inn. 



JEREMY'S ANNUAL LAW DIGEST. 
This day is published, in rayul 8vo,, price 9«., boards, 

AN ANALYTICAL DIGEST lyfaU the REPORTS 
of CASES decided in the Courts of Common Law and 
Equity, of Appeal and Nisi Prius, and in the Ecclesiastical 
Courts, in the year 1841. By HENRY JEREMY, Esq., 
Barrister at Law. 

V« and R. Stevens & G. S. Norton, Law Booksellers «nd 
Publishers, (Successors to the late J. & W. T. Clarke, of Por- 
tugal-street), 26 and 39, Bell-yard, Lincobi's Inn. 



STARKIB'S LAW OF EVIDENCE.— Third Eomow. 
This day is published, in 3 vols., royal 8vo., 4/. 148. 6<f. bds. 

A PRACTICAL TREATISE on the LAW of EVI- 
DENCE and DIGEST of PROOFS in CIVIL and 
CRIMINAL PROCEEDINGS. Third Edition, with very 
considerable alterations and additions, brought down to Ilfi- 
ehaehnas Term, 1841. By THOMAS STARKIE, Esq., 
Barrister at Law, one of her Majesty's Counsel. 

V. and R. Stevens & G. S. Norton, Law Booksellers and 
Publishers, (Successors to the late J. & W. T. Clarke, of For- 
tugal»8treet), 26 and 39, Bell-yard, Lincohi's Inn. 



NEW ORDERS IN CHANCERY. 

12mo. Second Edition, price 6ff. bosrds (1838-9), with a SUP- 

PLEBdENT, containing the Orders to Doc. 10, 1841. 

THE NEW ORDERS of the HIGH COURT of 
CHANCERY, with Notes. Also the kte Statutes regu- 
lating the Proceedings of the same Court, and the Service of 
Process Abroad; and an Appendix, containing the Decisions 
upon Sir E. Sugden's Acts, with the subsequent Acts enlai^g 
the Powers thereof. With SUPPLEMENT, containing the 
Orders and Statutes to December 10, 1841. By JOHN 
ATHANASIUS COOKE, Esq., Barrister at Law. 

The SUPPLEMENT maybe had separate, price Zt. sewed. 
SHERIFF LAW. 
In 8vo., price 18«. boards, (1839), 

A PRACTICAL TREATISE on SHERIFF LAW, 
containing the New Writs under the New Imprisonment 
for Debt Bill; also, Interpleader Act, Reform Act, Coroners' 
Act, &c. ; with Returns, Bills of Sale, Bonds of Indemnity, &c. 
By GEORGE ATKINSON, of the Inner Temple, Esq., 
Barrister at Law. 

" The alterations which have been recently made in the Law 
relating to Sheriflb rendered necessary a new or revised work 
on that sulqect, and the want appears to have been sbly sup- 
plied by Mr. Atkinson." — Legal Observer. 

" By far the most useful book on the subject we are ac- 
quahited with."— Jurist. 

London: Thomas Blenkam, (Ute Croft 9t Blenkam), Law 
Bookseller, 19, Chanoery.lane, 



CHANCERY REPORTS. 

This day is published, Part 1 , of Vol. 1, royal 8vo. price 7«. 6<f. 

sewed, 

REPORTS of CASES adjudged in the HIGH 
COURT of CHANCERY, before the Right Hon. Sr 
Jaubs Wiorau, Knt., Vioe-Chancellor. Commendng in 
Michaehnas Term, 5 Viet. 1841. By THOMAS HARE, 
Esq., Barrister at Law. 

Arrangementshave been made for the Publieatba of the Cases 
in this new Series of Chancery Reports with the utaoet praiap. 
titnde; and all Leading Deddons on Cases under ths New 
Orders, and on Points of Prsctiee, will be inserted as eariy ss 
possible, although that course may involve a departure from 
the Chronologifid Order, which, as £ur as drcumstanoes will 
allow, it is proposed to observe. 
*4,* Pfert 11. will be published m the course ofthe ensuing term. 

A. Maxwell & Son, 32, BeU-yard, Lincoln's Inn, Law Book- 
sellers and Publiahers. 



Published by S. Sweet, Law Bookseller, Chanoery-Iane. 

A PRACTICAL TREATISE on the QUALIFI- 
CATIONS and REGISTRATION of PARLUMENT- 
ARY ELECTORS in ENGLAND and WALES; with sa 
Appendix of Statutes, including the Act to amend the Juif« 
diction for the Trial of Election Petitbns, 2 & 3 y)tt, c. 38, 
with Notes. By GEORGE PERCY ELLIOTT, Esq., of 
the Middle Temple, Barrister at Lew. Price lOt, M. bcMids. 
Just published, price 1/. 5«., vol. 1, of 
A TREATISE on WILLS. By THOMAS JAIU 
MAN, Esq., of the Middle Temple, Barrister at Law. 
Just published, price 14«. boards, 
A TREATISE on the LAW and PRACTICE of IN- 
INJUNCTIONS. By CHARLES STEWART DREWRY, 
Esq., Barrister at Law. In 8vo., price 14a, boards. 



PARLIAMENTARY AND LEGAL ELOQUENCE. 
12mo., 5f., doth, 

THE CRITIC in PARLIAMENT and in PUBLIC. 
A work, presenting, for the tint time, Seieotioos fipom 
the best Speeches, with Descriptions of the most meMOiaUe 
Debates; the same plan being followed irith regard to sone of 
the most interestmg judicial proceedings for the last hm jesn. 

<' Tlie Author, independent of his grsphio descriptwiis of 
what has taken place in Perikunent, aflbrds us instraetivB 
and amusmg details of leading topics in Westmiaster HsU, 
Church Controversies, Important Discussiene at Exeter Hall* 
IVoceedings at Anti-SIavery, Anti^Com Law, and Ghartiiti' 
Conventions. These are recounted with a c lear n es s ef stfle, 
and nervous command of language ; there is a tone of impsr- 
tialtfy throughout widch reflects great credit on the author. It 
should find its way to the libraries of all."-«Montfaly. 

'< Just and unpartial."— Spectator. 

" An able volume."^Iiterary Gasette. 

" We assure all those who take an interest in the strife of 
intellect asexhibited in the two houses of Psrliament, that the 
volume before us will prove a mine of amusement and gntifi- 
cation to them. It is written with such a peonUar dearneaof 
style and nervous command of language, that the work de- 
serves to find a place in every library.— ^^bridge Chronide. 

Bell, Fleet-street, and all Booksellers in town a nd country. 

PURNISH your OFFICES, COUNTING-HOUSES, 
J; and CHAMBERS, at PRIEST'S Temple Furniture 
Mart, 17 and 24, Water-street, Bridge-street, Blackfrian, 
City.— The largest STOCK, in London, of COUNTING- 
HOUSE DESKS, railed partitioning, office, librarv, sod 
board-room tables, winged and plain book-cases of all sises» 
deed cases, pigeon-holes, and every artide to furnish the office, 
library, or dwelling-house, new and second hand, of the belt 
manufacture ; also a great assortment of improved fire-proof 
safes, strong room doors, chests, (Mh, and deed boxes, at soch 
prices that cannot be surpassed. Furniture boo^ or ex- 
changed to any amount. Auctions, appraisements, and fone- 
rals on exceeding low terms. ^ . 



«•• Orderi i 



tot THE JURIST giTtn to anv Nswimss, or Itttin 
(poft-paidl tent to the Oflloe. No. 8. GH ANCEKV LANE, orto ▼. * J^ 



tn'BVENS ft 6. S. NORTON. ({ 
of PortuMl Street), " *" ~ 

delivery In London v 

tlon, thnmgh the mcdimn 



5. NORTON. (SuoeMMnto J. ft W. T..CMr««.i»*? 
, 26 and 30, BELL YARD, wlU insure iU p«Bf "*' 
a, or Ita beW forwarded on the evenlof of psWiee- 
lediiun of the Poet Oflloe, to the nnunttv. 



London : Printed by WALTER M*DOWALL. PaiirTls. <• ''fJL 
BBRTov Row, and Publiehed hj STEPHEN SWEET. VoS'SS^ 
and PvatisHsa, 3, CHAHcaar LAira. Satiudsy, Fetensry Hi ]*v* 




No. 267. 



FEB. 19, 1842. 



With Supplement, 2s. 



V lU/olbwimjf mrttke Names of the QeiUlmm who favom-TBMJuianv^ 
decided in the eeveral ComU of Law and Epn^ : ^ 
E. T. Hood, Esq. of the Inner 



elLof^ 



Temple, Barrister at Law. 



the 



^T ^ _ f ^ JTiNisoN EnwARDB, Esq. of 

^«n^^^^ \ Inner Temple, Barrirtcr at Law. 



Slee- r A. v. Kxbwan, Baq. of Graj'f 

\ Inn, Barriflter at Law. 

1W L/H CamiodkMr'f fE. T. Hooo, Esq. of the Inner 
Cstrt \ Temple, Banister at Law. 



-# M^ n^. r«-^ / ®« Y. RoBSON, Esq.' of the Inner 
oftlMBoIUCoat| Temple,BaiTistoatLaw. ' 

of Eng- TTiiMieoir Eowabdb, Esq. of tiie 

\ InnerTemple, Barrister at Law. 

Braoe's f W. W. CoopsB,Esq. of the Inner 

Coirt \ Temple, Barrister at Law. 

Tioe-ChsnodlorWigram's fE. J. Bbtir, Esq. of Lincoln's 
Govt \ Inn, Banister at Law. 



b^'sCMTt 



Coort of Qneen's Bench 



f: 



KsMPsoy , Esq. of the WMa 
Temple; and 

. J. P. Smith, Esq. of tiie Inner 
Temple, Banisters at Law. 

CWt or Co-on Pl^l^il^lSrSS.S'a L^' 



Ecclesiastical and Admi- 
^ raltyCoorts ... 



:{ 



Court of Review 



Dr. R. PHiLLXiiomBy of Doctors* 
Conunons. 



FF. FisHBn, Esq. of 
[ Inn, Barrister at Law. 



LONDON, FEBRUARY 19, 1842. 

If wi» bad been asked what partknlar claas of pio- 

poky £d aoi nqnire, for the secnzitj of the owner or 

tbecaaMBMDee and protection of the public, any kind 

of I mj i rti ii ifm naohinery, we should hare answered, 

thepnfo^ in literary productions. When a book is 

of a kind to which the author wishes to e»- 

I perpetuate his chdm, it bears, almost with- 

eot ea m spt i on, the name of the author, the name of the 

pohlislicr, and the name of the printer. The name of 

theaaftfcor, it is tme^ need not be printed or appear in a 

book ; but, by law, the title of the book, with the name 

and tswdflirnof the publisher, ought to be registered 

with Um SCatkxnen' Company; and so the name and 

fsadcBee of the printer are directed to be printed on 

fhe fni or last leaf of every book printed by him; 

sad this must be done under a heavy penalty*. The 

Isttcr lUtetoiy direction is^ we believe, in practice in- 

vsnaUj ocnnplied with; and if the former, viz. that 

rdstny to registration at Stationers' Hall, is,- as we 

befieve it is, very generally neglected, that only proves 

Voir pnetJcally unnecessary has been found any other 

■Jill flf rqfistration than that which consists of the 

piiMKsaAibltion and issue of a book by the publisher. 

li^ indiSl, a book obtains any reputation, and becomes, 

de heh^m property having v^ue, it is publicly sold, and 

co p i e s caongh are certain to be in existence and easily 

tiaoed; and whether it obtains a sale or not, as copies 

are deposited, of necessity, in certain public libraries, it 

is, i>r all practical purposes, perfectly impossible that 

evidoioe can be lost, of the fact of a given book having 

been put forth as the work of A., printed by B., and 

published by C. 

Thou, with respect to assignments or mortfipEiges of 
cemiaditSk Of course, to the public generally it is 
psfSBctty immaterial who is the actual owner of a copy- 

^8eeS9Geo.3,c79,and2&3ykt.c.l2. 
VouVI# F 



right; the knowledge of that fact can only become 
material to a person who is dealing with the apparent 
owner as a purchaser or mortgagee, or in any way 
in which he has an interest in acquiring a valid and 
unincumbered title in the copyright. Now^ here again, 
.we apprehend, that of all kinds of property, qopyright 
is that in respect to which a purchaser must incur least 
"danger of being deceived as to the title to that on which 
he is advancing his money. Generally speaking, the 
publisher of a work is informed who is the real owner, 
because, if the author has dealt with it, by way either 
of sale or mortgage, the purchaser or mortgagee will, for 
his own protection, have given immediate notice to the 
publisher, that he is the party to whom an account is 
to be rendered. It is true, there may be oases where 
an author or other owner of a copyright would incum- 
ber it, and the incumbrancer might, so long as his in- 
terest was duly paid, not give notice of his incumbrance 
to the publisher; and thus leave it in the power of the 
mortg^r to defraud a second incumbrancer. 

It is obvious, however, that, owing to the very fluctuat- 
ing value of most literary productions, such cases must be 
extremely rare ; because, none but the most careless of 
men would be likely to advance money on the security 
of a literary work, to an amount anydiing approaching 
its apparent value, without previously ffivin^ notice to 
the publisher. And, if there be no application to such 
cases of the equitable doctrine of notice as between se- 
veral incumbrancers, which, we apprehend, there would 
not be, as the first incumbrancer would have the l^gal 
title, a very short and simple enactment would suffice 
for applying a remedy to this defect of the present state 
of the law. 

These remarks have been called forth by the perusal 
of a bill, the promoters of which appear to think that 
the property in copyright demands a more rigid svs- 
tem of registration than any other class of property*. 

* A bill for the Registering of CopyrighU and Asstgnmenta . 
thereof, and for the better securing the Property thershu-^ 
Ordered to be printed 8th February, 1842. ;' 



$2 



THB JUBI8T. 



cmoom OF the gomuibsionsm vor 

TH£ RKUSr or INSOLVENT DEBTORS. 

8UMMEH CIBCUITS, 1842. 

H. R. Rbtmoum* Kiq^i Chief Commiauoner. 
KiHt, at Maidstf Pi, ThorMUj* Jvly 7, 
Kent, at Dovor, Monday, July 11. 
Canterbury, (City and Coontj), Tuesd^J, Jolj 12. 
Sutees, at Hordiam, t^iday, Jalr 22. 
fffr(forMin9f M Ijtectford, IPmaj, Aqgiist 5. 
•QoniBwr <if|i«uiT. 
J. O. HAUuit R^., Cnma^miamt* 
Berkihirtf «t Kf adfn^, Ttteadny, June 14. 
OxfbrMire, at Oxford imd City, Thvnday, Jvie 16. 
Worceetenkire, at Wprceater and City, Saturday, Jvttft 18. 
fferrford^Mre, »t Herefordr Monday, JttM 20. 
Hadnonkire, tt Pivttdgne, Wedimday, June ft. 
Cardiffttmhirtf |t Cardijgpuiy Saturday, lune 25. 
P«m^roiN#/|t>e, at H^rarfndweat and Town, 'IVies., J«iie8. 
Carmarthemhire, at Carmarthen and ^Kurrmfj^, Tliur. June M. 
G^^m0f7aii#A^r«, at Siranaea, Batarday, Jid^ 2. 
ifrtcibiocMft^, at Brecon, Taeaday, July 5. 
GAimofyan^Alrv, atCardiiF, Thnn^, Jnly 7. 
lf(mmofi/A#Alfe, at Monmouth , Satuiday, July 9. 
OUmeeeter^khre, at Gloneester ^nd City, Monday, July 11. 
Mriitol, (City and Comity), T^mtday, July 14, 
Somertet$Mre, at 9>tfa, Monday July 18, 
' ffomerMetekire, at Welb, Tnesday/ Julr 19. 
^omwatt, at ^pdwin, SaturdaT, July iS. 
DerenMirt, at Plymouth, TaMdaj, Jnly 28. 
De»otitMre, at fizater and city, Tlinnday, July 28. 
Dortetwhire, at Dorchester, Monday, Ang^ 1. 
Southampton, (Town and Connt^), Thursday, Aagn«t 4. 
Wittehire, at SaUahury, Saturday, Angnit 6, 
Southampton, at Winchester, Monday, Auj^at 8. 

T. B. BoWBM. Seq., CoiiiimWoqmp. 
BuHandikiM, aft Oakhaai. Wadweaday, Jtuw IS. 
KarAtMrt, at Slwttcld. Fridqr, Jvne 17. 
nrir^iUrt, i* Wakafiald. Monday, Jnna 20. 
Kim^ston-upon^ffuU, (Town and Con^ty), Toesdinr, JwieM. 
KonltAir^ At York. Thvvsday, Jnaa SO ; and City, Mday, 

July 1. 
PbrAfAlre, at ItielimMd, fiatardsiy, Jnty 2. 
Durham, $t Dntham, Monday, Jnly 4. 
Northumkertand, at Newcaatle-npAn-TfOt atd Town, WM* 

nesday, July 0. 
{Sunbetland, at CarMrfe, Satnfdaiy, Jnly 9. 
Weetmorhmd, at AppUhy, Monday, Jnly 11. 
Westmorland, at Kendal, Tnoaday. July 12. 
Laneuehit'e, at Lancaster, WedneMay, July 13. 
'Lanendkire, ot Plwfen, Thnioday, tidy 21. 
Laneaihhr; at Uverpool, IMday, Jnly 12. 
Monigomeryehire, al Wokb Fool, Tnoaday, Jnly 26. 
J}mhigh$hiH, at Rnthin, Thoraday, Jnly 28« 
Flinitkwt, at Mold, Satirday, Jnly 30. 
Cheg^k^, at Chaatar and City, Manday, Angnst 1. 
MarUmHkMkW; at Dotgelly, TburMiay, Angnat 4. 
Vamarw9n$Mr§^ at Carnarron, fiatniday, Angnat 6. 
MigUtey, at Btenmaria* Monday, Angnat 8. 

MinLAND CIRCUIT. 

W. J. Law, Eaq., CommiaMoner. 
Eteex, at Chelmsford, Friday, Jnly 8. 
EiMes, at Colchestar, Saturday, July 9. 
St^olk, lit Ipswich, Monday, July 11. 
Norfolk, at Yamouth, Wednesday, Jnly IS. 
Norfolk, at Norwich and City, Thursday, July 14. 
Norfolk, at Lynn, Monday, July 18. 
Cambridgeehire, at Cambridge, Tuesday, Jnly 19. 
Suffolk, at Bnry 8t. Edmunds, Thursday, Ju^ 21. 
Huntingdotuhire, at Huntingdon, Friday, Jmy 22. 
Northampton»hire, at Peterborough, Saturday, July 23. 
Northau^ton»kir9, at Northampton, Monday, July 25. 
Warwiffkihire, at Warwick, Wednesday, Jnly 27. 
CaMfilrv, (City and Comity), Saturday, July 80. 
Leiceiterihire, at LeifOftor* Moodajt AogviC 1. I 

4 



Lmeohuhire, at Lincoln md City, Wednead^, Angnat 3. 
Nottinghamshire, at Nottingham and Town, Friday, Angnat $• 
Derbyshire, at Derby, Monday, August 8. 
lAeHfieid, (Comity and City), 'TtteaAy, Aqgnat 9. 
Shripshirt, at Shrewabnry, Wedneaday, Angnat 10. 
Stqffardshirs, at Staffoid, Friday, Angnit 12. 
8htap&hif9, at OMbnry, Monday, Angnat 15. 
fFofvialoMrf , at Birmugbam, Ta«day» Aogwt lOi 
JBs^fprdMMf at Bodfcrd, Friday, Augwt 19. 
BmkmghamikirSf ftt Aykibory, Satnrdaj, Asgwt 29« 



TUESDAY^ Fkbruakt 1ft. 
DECLARATIONS OF INSOLVENCY. 

JOSEPH NORRIS, B^mmt-st., Cbelina, brieUaynr. 

JOHN HUTTON, fmSwi^tL,, mcrchipt, 

JAMES COCKBUEN, New Bioad-at, nwcbant, 
BANKRUPTS. 

HORATIO JOSEPH CANNING, Wood-ft., QbaaMidr, 
Scotch warehonaimaa, Feb, 22 at 2, and March 29 at IZ, 
Court of Bankruptcy: Off. Aia. PenneU; Sol, Murray, 
New London-atreet.— Fiat dated Feb. 9* 

HENRY FISH, Prince'a-row, PImlico, painter and ^mtr, 
Feb. 22 at 3, and March 29 at 1, Conrt of Bankruptcy: 
Off. Aaa. Pennell ; Sol. Keene, 43, Doraet-at., Portmas- 
annare.— Fiat dated Feb. 12. 

JOHN SAMUEL LENNARD, Norfolk Arma, ymts Cra- 
dttit-ftelda, Tfctnaller, Feb. 23 at 1, and Monk 29 at 11, 
CooftoT Bankmpteyi Off. Aaa. Laddnctoni Sola. Haath- 
eoto tL Holman, ColeBun.atioet.--.Fbt £ited Fok 10. 

WILLIAM RICHARDS, Fox PobUo«honao» Ozin-d^strnt. 
St. Mai^lebone. vwtuaUer, Feb. 26 at 12, and Manh 28 It 
U. Court of Bankruptcy t Off. Asa. Tarqnaiid; Spla. Dy- 
pon 8t FloTrll, 21, Bedford-row.^Flat dated Feb. 11. 

WILLIAM MORRIS, Long4ane, Bermondser, Surrer, 
leather-dresser and parchment manufacturer, Feb. 25 at ), 
and March 29 at 12* Court of Bankruptcy i Off. Ass. Jobo- 
aon ; Sols. Bennett & Boldhig, Soot'^a-yard, Bush-]aae.— 
Fiat dated Feb. 9. 

JAMES CARRON, St. OeergeVdrcna, BladLftriars-rMd, 
Surrey, draper. Feb. 24 at 1, and March 29 at 11, Court of 
Bankniptey : Off. Aaa. Gibaon ; SoL Cattlla, S9, Bty^plaoe. 
-*Piat doted F^b. 11. 

ANDREW JOPP, Comhill, ttkp and infni«iea4iroker, Pel. 
24 at half-paat 1, and M4rQh29 at 12, Covrt of Biak- 
reptcys Off. Aaa. Graaos SoL Kiofilbsd* 82, Maric-laa». 
—Fiat dated Feb. 5. 

THOMAS SLEBMAN, Tenby, PeB»brokeahisa, wine and 
rairit merchont and f^ieral merchant, March 1 and 29 st9f 
Commerdal-roomv, Briatol : Sols. Haberfield, Bristol ; M>- 
kiiifon & Sanders, Middle Temple.— Flat dated Jan. 15. 

WILLIAM GRUNDY, Manchester, yam dealer and com- 
misaion-agent, Feb. 26 at 12, and Mftrdi 29 it 10, Com- 
miaahmera'-rooma, Maneheater : Sola. Alfcteoon 8b Saoden, 
Manchoafeer; Makinaon fc Sanders, 3, Sbn-ootrt, Middle 



Temple.— Fiat dated Jan. 23. 
'HOMAS 



THOMAS 8TATHAM, HndderaOdd, YerinUfo, hcsitf. 
Feb. 25 at 4, and Marek 29 at 10, White Swan Hold, 
Hnddorafiddt Sola. Barker diEnglaad. HnddMiaeklt U- 
▼er, 10, King'a-road, Bodford*row.— Fiat dated Feb. 7. 

WILLIAM SORBY, Chorlton-upon.Madli)ck» iMCSshii*. 
chemist and druggist, March 1 at 2, and March 29 at h 
Commiaaumera^rooma« Maneheater: Sols. Bamphrys ft 
Co., Manchester; Walmsley ^ Co., 43, Chaooery-Iane.— 
Fiat dated Jan. 22. 

JOHN LAWTHER, Newcastto-npon-Tyne, ship and insar- 
ance-broker and timber merchant, March 14 mid 29 et lli 
Bankrupt Commiaaion.room, Neweaatfe-npon^lVnei Sob. 
Hodge, Newcaatlo-npon-Tyne ; Croaby 8( Compton, h 
Chnrch.eourt, Old Jewry.— Fiat dated Feb. 9. 

JOHN BROOKE, jnn., Dewabury, Yorkshim, moaufae- 
torar, Feb. 23 and March 29 at 12, CommiaMners'-rODoii, 
Leeds: Sola. Sawy & Co., BriaUdt Hornby fr Towgood, 
St. Switbin'a-lane.— Fiat dated Fob. 3. „ . 

JAMES SLY, Mekombe Regie, Dometahira, draper, f»- 
21 and Mai^ 89 at 11, King'a Anna Hotel, Ooni^^ 
Sola. H. W. ft W. a Sols, 08, AldflnBairiMfy^««<At 4itod 

Jan. 22. 



THE JURIST. 



M 



CBAUBS OATBBOU6E» 
flhai, VMONh 1 ad 20 all2, Dolphin Hotel, CkiokefCor : 
M^BtfiMlft BMriJy , &)qtfMmptoa ; TUmmi U Co., 29, 

VILUAlf LOONEY, WfaitdumaJ CmborUnd. eooper 
■]Miliemiis.€iirer, Maidi 1 and 89 iMt 12, Bbck lion In, 
WUtdbftTeD : &>!•. W. and H. Ptenr, WhitebnTen ; Stubbi, 
1>, FnniiTal's Idd,— I^t dated Feb. 4. 
David ward banks, Mandirater, deder in pUno- 
totcB nad abect miuic, March 9 and 29 aft 10, Commusion. 
m'-raonia, ICaadiester : Sob. Law, Manchester; Capea& 
Stasrt, 1, neld-eooft. Ofay's Inn.— >Flat dated Jan. 20. 
SAMUEL NICHOLS, Birminsham, gold pendl-eaae maker, 
Feb. 22 and March 29 at 2, waterloo-rooma, Birmingham : 
MktrcaCea,Binnfai|tbnB; Hohnea, 8, Gr«at Knight Rider- 
rtMLDoatan^^oMDmona.-^Fiat dated Feb. 4. 
JOHN WARD, Iratead* Norfolk, eattle-jobber, ¥A. 21 at 
a, attdMai«li 29 «t 12, Bojal Hotel, Norwich: Sols.SeweU 
«i Q»., N«rw1cli( Wood k Blake, Faloon-at., AldeiHate- 
atreaL— Fiat dated Feb. ». 
JAMES GRANT SMITH, Anchor Brewery, Bath, Somer. 
aetddre, common brewer and maUfer, March 2 and 29 at 
12, Lamb Im, Bath: Mb, Qaby, or BatcheUer & Co., 
Biih ; AmSmttanx ft Co., Bedford-row-^FM dated Jan. 27. 
JAMES HUW^'YBVN, Cambridge, iitmmonger, Feb. 83 
and Marrb 29 at 12, Hoop Hotel, Cambridge: Sok.£aden, 
jui., Cambridge; CUrk fit DaWdaon, Easez-at., Strand.— 
Rat dated Feb. 9. 

MnBmf«B. 
^Mi JMBa, AaUm-vnder-Idne, and Wm. G. Sted, Man- 
ckert»« LmaoMbiie, eotton-mannfaetarera, Feb. 28 at 10, 
Kif ft G6.'a, Manch ea t cr, pr. d.r-V«a. Kifip^Mek, Newport, 
Ue of Wigbt, banker, Feb. 21 at 11, Fier Hotel, Ryde, pr. d. 
■ « e*^ i^brd, StaAnd, acrifener, April 4 at 1, Star Inn, 
•taftiA, nr. ^ $ at 12, and. wc-^WUHam /enet, Caraarron, 
mrnar^ f^ 17 nt 12, Caatle Hotel, Can^mm, pr. A.-^Ohat. 
IW^, Bad Uon-nqpiara, bookoeUer, Mansh 8 at half-poat 12, 
Omit of Bankruptcy, Uat ex.— CAat. H. Wtigatt, Condnit- 
tt., l ag mr aU a ut , taHar, Feb. 05 at 11, Comi of Bankruptoy, 
-^Jlii Ijohif and Qmrft Lthtf, Eastdbeap, City of 
f auk mmnlbataNn, Feb. 25 at half-past 11, Court 
ef BaknyCev, laat es.— m//<«m Kirk, Lrioetter, hnflder, 
MiMdhf atll, Caatla of Leiceater, Leicester, laatex.— JA*. 
tkmtlFtmt wA John Lemr, Maneheater. oommiMion agents, 
Uank !• at 10, Commissionen'-rooms, Maneheater, laat ex. 
^Amm Pr^ehr and R. Froeier, Kiagaton^npen-Hall, coach 
froprietora, April 12 at 11, Geoige Inn, Kingston^pon-Hull, 
■iit«K.^-.-Hnn. Jlamtafilon, R»wl. Siephmmm, Dm, Moi, Re- 
■ iii j< iii» a»d Jbt. P^ Tbnimln, Lombard-street, bankers, 
Maaob 8 at 1, Cooitof Bankraptey, and. ao.-VoAn OUrlet 
Dnuy-bna, finan dmpar, MaKh8 athalf.paat 11. 




— Cia rto<»# Jianwan and Bdw, i)mi.~jDorman, Chartotta-st, 
I rt lm na yl , Oxford^st, glaas and china dealers, March 10 
mil, Cmtt of Bankraptey, and. ao.—7l JIaMafoa, Leaden- 
ln&.atoaaft» tdU>w merohant, March lOat 12, Court of Bank- 
mptiy, aMd» ae. and dtT.-*i>afer Anmdsrr , Kfaigston-npon- 
Hal, mwiiiBr, Maich M at half-past 11, Conit of Bankrapt- 
ey, aad-ne.--^. T. Seott, Millon,natGfaTeBand, esUte agent, 

IMk 18 ai balf-paat 11, Court of Bankraptey, and. ae.^it. 

lBiilag» fif at, menhant, March 10 at 11, Conrt of Bank- 

XhimL ae.^-'^An Hen. CueeU, MiU.waU, Poplar, naptiia 
^ Masth 9 at 12, Court of Bankraptey, and. ae.— Mary 
Mmadf, e. MOrnkme OkaeoH, and 7!lot. TbvTfiMnd Glmtott, 
ftestOmden-at., Whiteebapcl-rd., copper merchanta, March 
9 St 12, CaiBt of Bankruptcy, and. ac.->/kw. JVbwarfA, aen., 
A*. HsmiBi ih, Jan., and A. Hovarik, ttochdale, Lancashire, 
inHfiiindus, March 9 at 2, Comarissionan' -rooms, Manches- 
ftK,aBd.«e>; aft 1, dir.^H. fiiraaa ai^ C. Orava. Birmingham, 
greoers, Mardi 9 at 2, Waterloo-rooms, Birmmgham, and. ac. ; 
iftlfitt. div.*-JK. AlcA, Atberstoae, Warwick, wine merchant, 
llaKblOaftl2,ConrtofBonkniptey,fin.div..~Tr:Ar#wtonand 
/. AT^Mten, MaBdeafield, aUk throwaters, Mareh 10 at 2. Court 
af Bankmptey, div. joint and aep. eat.-^?rtii. MarHeon, Fen- 
V, Mareh 10 at 2, Conrt of Bankruptcy, fin. 
Braad«st., Cheapside, and John-street, 
', March 10 at 12, Court of Bankruptcy, 
in. dtT.^1F&Bi. rn aP iMgn , Onnt €hn]dted*fltr Senlhivirk, 



angiMtr, Maroh 8 at balf.paat 18, Cowt«f Baidcrnatoy, di?. 
Wm. WMer and /«An WM9r, St. John^., ClarkenweU, 
tad Maneheater, manufacturers of apparatua for heating buiid- 
teigs, March 8 aft 12, Couit of Bankruptcy, div. sep. eat. of W. 
WMmr.^Gemrpe Gandf, Princea-at,, Spitalfielda, silk manu- 

ibotarer, Mareh 9 at 11, Court of Bankraptey, dir /. 0>iU 

mam Readt Leicester, tailor, March 9 at 2, Castis of Laioester, 
Leieaater, and. ae. and dir.-^Anry faan MmriM, Dowlaia, 
Glamorgan, draper, Idaroh 15 at 11, Commercial-rooms, Bris- 
tol, and. ac.; March 18 at 11, diT.— 7%o«. Smiihf Thorobnry, 
Gloucester, tailor, Mareh 8 at 1, Commercial-rooms, Bristol, 
and. ac. ; at 2, first and dn. dir. A^mtet Swettenham^ Wirka- 
worth, Derby, scrfTener, March 7 at 11, Red lion Inn, Wiiks- 
worth, and, ac.-~/oaA. Wright, Deritend Old-nuBs. Birming- 
ham, matcheft mannflirtttfer, April o st 1, Waftanoo*rooins, 
Biimingfaam, and. ae. s aft 8, din**~JI. Bmmtmii, Lifarpool, 
mershant, March 17 et It, Clarsndon.inoma, Limpool, and. 
ae.| at I, dir.^Sdv. CbafMr, JMnr. Ptier Codpert Bemamin 
Om^mt, and /aAw AUm. Ca9per, B fta yatto n ..miUa, notr Trow- 
bridge, Wiltshire, etoftUarai Feb. 85 at 10, White Hart Inn, 
Chippenham, dir. 

CnnneATis to m ALtoiran, 
UkUi9 Ctnae lAanm to th$ eontrmy, on cr h^fore Herch 8. 

Mdm, tdtwrmee Ireland^ Birmingham, fimtor,— ITm. Di/- 
Md, Darlaston, Sftadbfdahire, nail manufMtnrer.— JET. WheeUr, 
Witton, Cheater, keeper of an inn.— IticA. Smith and Stephm 
MarahaU, Austin-friara, Rnaaia bn>kera.-*Jot. Gto. Bergett 
Livefpool, merchant. — Wm. Biddle, Holborn-hiU, fishmonger. 
— J, Andermm, lirerpool, oil merchant. — Joa, Broini, Mino- 
riea, tt|dioIaterer.— 9. IHnff High Hcdboniy woollen dn^er.** 
J, ifooTt, Old Bond-street, hatter. 

Fiat SNtAnGED. 

Geo, PbrettTt Newcastle.'apon-T^ne, woolltti draper. 
FjATa AnvuLMD. 

Thoo* Kmg^ Crofton, Northumberland, ahip owner*-~/ote 
Button, SU Panl's Chnroh-yard, commisaion agent. 
pAmTnaanHir Pu«oi.vin, 

Plomur 9f Bon, Helaten, Corawall, aolidton and afttorniaa 
at law. 

SooTcn SnaimaTnATioira. 

Btiga Smiherlmut, Leith, dealer in worsted — John WoUon, 
M^d. PeHoH, and John Henry IFUIsen, Glaegow, dint glaaa 
nMkera.-^ilnd. BHeknat, Dundee, merehant—T. Jf'iAn'Irie, 
Edmburgiiv innkoeper.-*A CbeAran, Gltagow, nianalhutarer. 
— rAoff. rAMnfon, Fisiatef , asanuiactarer.^/. OMg, Gbuigow, 



INSOLVENT DEBTORS. 

Saturday, Febmary 12, 1842. 
Thefothwfny Aeeiyneee have been appointed. Farther Parm 

tieuiare may be teamed at the (Mee, in Ferfn^-a/., Lin* 

€oin'M'tim''Jleld9, on yhiny the Nnmber of the Oaee. 

Thoe, KibblOf Asylnm^buildinat, Westmineter-road, Surrey, 
livery stable keeper. No. 52,436 1*. | T, Jones, assignee.— /a«. 
Merrick, Warren-st., Fitzroy-sq., boot maker. No. 52,462 T. ; 
Geo. Pearson, assignee.— /oAn Beeatey, York-street, Lock's- 
fields, Surrey, out of business. No. 52,469 T. ; Moses Reading, 
assignee. — Abraham Payne, Nuneaton, Warwickshire, farmer, 
No. 57,305 C; Thos. Hincks and R, Beasley, jun., assignees. 
— Wm. Kelk, Newark-upon-TVent, Nottin^amshire, joiner. 
No. 57,299 C. ; Rob. Capam, assignee.— Dov. Catt, Seal, near 
Serenoaks, Kent, harness maker. No, 57,925 C; J. Skinner, 
assignee. — Geo. i2opJH»aonjBedford-8t , Bedford-sq., Blooms- 
bury, attoraey. No. 51,862 T. ; John Dams, assignee. 
The/ollowino Priaonera are ordered to be brought btfore the 
Court, in PortugaUat., on Tueaday, March 8 a/ 9. 

Samt. G, Fox, Chichester-place, Gray*8-inn-road, ont of 
business. — Marian ffughea, High-st., Camberwell, spinster. — 
G. T. Welle, Haddon-plaoe, Waterloo-road, Surrey, dressing- 
case maker.^^or. Dupony, Cross-lane, St. Dunstan's-hill, 
and Bedford-cottage, Kentish- town, wine-merchant. — Wm, 
Fletcher, Foley-st., St. Marylebone, chandler's shopkeeper.— 
Thoa, Skinner, Colonnade, Branswick-sq., coachmaker. — C. 
T, Rendel, Bear-yard, Lincoln'a-inn-fields, foreman to a lock- 
smith. — John Wiaeman, jun., Artichoke-row, Mile-end-road, 
coachmaker. — Jamea Fagan, Popham-st., Islington, plumber. 
— Thoa, Morria, Bromley, coal-merchant. 

March 10, at the aame hour and place. 

ilsM. if. iPtoiv, ftnuM* iahao0C«i«*^IFiii. ifiM#|^ 



54 



THE JURIST. 



LewUham, Kent, portrait painter.— 7!&m. lUghioHt Brewer- 
it., Somen' -town, painter. — Wm. Chamoek, Albion-terrace, 
Wandaworth-road, Clapham, Surrey, plumber.— it. Smith, 
Manor-house, King's-road, Chelsea, dealer in beer. — G, W. 
Wells, GosweIl-st.-road, hosier. — Wm, ChUdi, Copenhagen- 
st., White Ckmduit-fields, grocer. — W, Johmton, Greenwich, 
assistant to an eating-house keeper.— J. Gilbert , Pfttemoster- 
row, map pidilisher.— J. U, Hanke, Piccadilly, out of business. 
Oourt'houte, Dovbr, Kent, March 8 at 10. 

Thoi. Cope, Dover, mariner. — /. Hurett Margate, coal- 
merchant.— rAot. Jell, DoTer, out of business. — T^oe, Citrrie 
Sandere, Ramsgate, upholsterer.— VTm. M, Mummery^ Mar- 
gate, poulterer. 

Gmri'hauief Cardiff^ Glamorganthire, March 9 ai 10. 

Geo» O. Nomum, Cardiff, comedian.^/rti^A ^/im, Mer- 
thyr T^dvil, dealer in stones. — J. R. Tripp, Swansea, attor- 
ney at law. — B* Biehardi, Rhlwderfin, Bassaley, Monmouth- 
diire, blacksmith. — Geo, Willittmi, Cardiff, cabinet-maker. — 
Tho9. Davie, Swansea, master mariner. — Wm. White, Cardiff, 
butcher. — Wm, John, Lancawan, fiirmer. — /. Jkariee, Swan- 
sea, painter.— VTm. Lewie, Cardiff, baker.— D. Jonee, Dihe- 
widcl Colliery, lAntwitwardie, superintendent of a coIUery. — 
DohI, Hogan, Dowlais, Merthyr Tydvil, pit lander. — Martha 
Jonee, Merthyr Tydvil, widow, innkeeper. — Thoe, Lewis, Car- 
diff, out of business. — Bdw, Bowen, Dowlais, Merthyr lydTil, 
beer-house keeper. — Wm, Harris, Merthyr Tydvil, printer. — 
Peter Price, Merthyr Tydvil, collier. 

Court'house, LANCAsrsm Castls, March 8 at 10. 

John Wainwrightf Manchester, builder.— /o^ Atkinson, 
Manchester, salesman. — 8aml, Boyle, Hulme, Manchester, 
commission agent — Henry Miller, Ribbleton, near Preston, 
attorney at Uw. — Wm, Simpson, Hulme, Manchester, ware- 
houseman. — Edward Ward, Little Bolton, Bolton-le-Moors, 
out of business. — Jos. Watson, Much Wootton, near Liver- 
pool, grocer. — John Blackburn, Blackburn, out of business. — 
Thos, Monk, Farrington, near Preston, hand loom weaver.-— 
E, Waimsley, Rividge, Four-lane-ends, near Blackburn, out of 
business. — Wm, Leadbetter, North Meols, near Ormskirk, 
shoemaker.— J. Bidgway, Chorlton-upon-Medlock, Manches- 
ter, fustian shearer.— Wm, Hancock, Hulme, Manchester, as- 
sistant to a butcher.— JoAii WaUs, jun., Southport, lodging- 
housekeeper.— /oAn Sutclif, Preston, mechanic. — Catherine 
Critehley, Preston, out of business. — Wm, Cools, Liverpool, 
cattle deiier.— Jot . Critehley, Preston, auctioneer. 
March 9, ai the same homr and place, 

Thos, Blaekberd, Colne, builder. — Jas, Turner, Chorley, 
coal miner. — W. S. Richards, Manchester, retail dealer in ale. 
— Wm, Ashton, Hulme, Manchester, butcher. — John Holt, 
Halshaw-moor, near Bolton-le-Moors, out of business. — Chris, 
Sharp, Cheetham, Manchester, out of business. — Jas, Hewitt, 
Manchester, warehouseman. — T, CUgg, Preston, rope-maker. 
'—Edw, Woods, Liverpool, commission agent. — T, Hignett, 
Liverpool, out of business. — Thos, Lythgoe, Liverpool, ship- 
wright.— /w. Makinson, Blackburn, joiner.— iS^. Whitworth, 
Blackburn, assistant to a provision shopkeeper.— /at. Dtcihn- 
son, Blackburn, out of business. — Wm, Pilling, Ashton in the 
WiUows, near Wigan, out of business. — T, Ashworth, Roch- 
dale, fblling miUer. — Wm, Lawson, Liverpool, publican.— G. 
Batclif, Hulme, Manchester, baker.— /o«. Barrow, St. He- 
lens, out of business,— /oAn Lee, Manchester, butcher. — Wm, 
Howarth, Whittle-le- Woods, near Chorley, lodging house- 
keeper.— ^o«, Austin, jun., Wigan, out of business. — Henry 
Lonsdale, jun., Blackburn, tailor. — Thos, Forrest, Blackburn, 
out of business. 

March 10, at the same hour and place, 

J, Hughes, Manchester, publican. — H, Thomason, Fleet- 
wood-on- Wyre, builder.— JbAn Needham, Manchester, gene- 
ral agent. — Henry Edmondson, Newchurch, near Rochdale, 
dogger. — Jas, Schqfield, Butler Clough, near Whalley, hus- 
bandman. — Chas, Pumivall, Litherland, near Liverpool, or- 
ganist. — Robert Hall, Bury, waste deiler. — John Topping, 
Scholes, near Wigan, out of business.— /m. Barlow, Wigan, 
out of business.— /oAn Bigby, Wigan, grocer. — Jas, Cooper, 
Oldham, out of business. — Edw, Duerden, Sabden, near Pa- 
dilsam, near Burnley, provision shopkeeper. — Matthew Ward, 
Hulme, Manchester, out of business. — Jos, Lister, Sdford, 
bookkeeper. — Bobt, Davies, SaUbrd, shopman to a druggist, — 
John Booth, Hulme, Manchester, out of business. — Thomas 
Jaeam, Lberpool, bookkeeper.— JBicA. KUtfcrt, Chorlton-up- 



on-Medlock, out of business. — James KUroy, Liverpool, shop- 
man to a linen draper.— ITfii. Greig, Liverpool, commission 
agait.-n/oAii Shayler, Mandiester, traveller.— JoAn WiUey, 
Haoergham Eaves, Burnley, provision dealer.-^ VTm. %teed, 
Letherland, near Liverpool, broker's derk. — Wm^AspinaU, 
Blackburn, manager to an ironfounder. 

iMBOLyBNT Dbbtobb' DznOENOS. 

Edward Evans, Great Tumer-st., Commerdal-road East, 
oil and colourman, Feb. 20, Eden's, Villier-st,, Strand : is, id, 
in the pound. — Matthew Norman, Sherborne, Dorsetshire, 
clock maker, Feb. 20, Goddard's, King-st, Cheapnde : 1#. 2(f. 
in the pound. 

Mbbtinob. 

John Ash, Chudldgfa, Devonshire, carpent«r» Maith 5 st 
12, Exeter Inn, Exeter, so. affairs.— Amie/ Bent, Brierley- 
hill, Kingswinford, Staffordshire, upholsterer, March 2 at 1), 
Yeates'. Birmhigham, sp. affairs.— ^emir Boti^mley, Lee- 
bank, Ovenden, near Halifia, Yorkshire, grooer, Mmh 9 at 
3, Bennett's, Halifax, sp. affauv. 

FRIDAY, Febbuart 18. 
DECLARATION OF INSOLVENCY. 
SAMUEL LEWIS LAZARUS, Kent and Sussex Hotd, 
Jermyn-st., St. James's, coach-proprietor and horse-dealer. 

BANKRUPTS. 
HENRY ROGERS and FREDERICK ROGERS, Koch- 

lane, ComhiU, wine and spirit-merchants, Mardi 1 at half- 

past 10, and April 1 at 11, Court of Bankruptcy: OT. 

Ass. Graham; Sol. Ruck, 14, Mindng-lane.— Flat dated 

Feb. 15. 
SAMUEL LANE, Britannia Tavern and Saloon, Hoztoa 

Old-town, Old-street-road, victualler, March 5 at half-nast 

I, and April 1 at 11, Court of Bankruptcy : Off. Ass. Ed- 
wards ; Sol, Shonbridge, 4, Bedford-row, Holbom.— Fist 
dated Feb. 16. 

WILUAM SMITH, St. Albans, and Watfoid, Hcartfonl- 
ahire, and Rotherhithe, Surrey, miller and seed-cmsher, 
March 1 at 12, and April 1 at 11, Court of Bankruptcy: 
Sols. Druce & Sons, 10, Billiter-sq.— Fiat dated Feb. 14. 

JOHN THOMPSON, Sunderland, diain and anchor maav- 
iSiusturer, Mardi 4 and April 1 at 11, Thompson Arms Inn, 
Sunderland: Sols. J. J. and G. W. Wright, Sunderland; 
Swain & Co., 6, Frederick*s-place, Old Jewry.— Fiat dated 
Feb. 12. 

WILLIAM STILES GOODEVE, ChicheitBr, Sniiez, 
banker's derk, brick maker, and miller, March 1 and April 
1 at 10, Dolphin Inn, Chichester s Sols. Raper, & Co., Chi* 
Chester; Bkckmore & Senior, 2, New Inn, Strsnd.— Kat 
dated Feb. 11. 

JAMES ANDREW BUTLER, Loddington, Northampton, 
machine-maker, Feb. 25 and April 1 at 1, Cross Keys Inn, 
Northampton : Sols. Hewitt, Northampton ; Wing & Tm- 
ning, 1, Gray's Inn-square.— Fiat dated Feb. 12. 

WILLIAM CURTIS, King'a Lynn, Norfolk, common 
brewer, March 2 and April 1 at 11, Duke's Head Inn, 
King's Lynn : Sols. Pitdier, King's Lynn ; Clowes & Wed* 
lake, King's Bendi-walk, Temple.--Ffat dated Feb. 4. 

JAMES COLES, Victoria Iron-works, Bedwdty, Monmondi- 
ahire, apothecarv and druggist, Feb. 24 at 3, and April 1 st 

II, King'a Head Inn, Newport: Sols. Matthews, Ponty- 
pool ; Allen, 6, Lincohi's Inn-fidds.— Fiat dated Jan. 22. 

WILLIAM FISHER, Lincoln, wharfinger, carrier by water, 
cod-dealer, and plaster-merdiant, Mardi 4 and April^l at 
11, Castle and Fdoon Inn, Newark.upon-Tirent,< Not- 
tingham: Sols. Lee, Newark-upon-Trent ; Mibe & Co., 
Harcourt-buildings, Temple.— nat dated Feb. 9. ' 

WILLIAM BURGOYNE, Plymouth, Devonshire, builder, 
Feb. 28 and April 1 at 11, Royd Hotd, Plymouth: Sds. 
Edmonds, Plymouth; Mantle, 184, Blackfiiars-road.--Flat 
dated Feb. 12. 

WILLIAM SCHOFIELD, Waterhead-mill, within Oldham, 
Lancashire, machine-maker, March 7 at 11, and April 1 at 
3, Commissioners'^rooms; Manchester: Sols. Whitehead ft 
Co.. Oldham ;f PArry &'.Co., Temple.— Fiat dated Feb. 12. 

GEORGE BROWN, Carlide, Cumberland, draper, March 
17 and Aoril 1 at 11, Coffee-house, Cariisle : Sols. Hnm- 
phiys & Co., Manchester; Law ft Bender, Cariisle ; Wdms* 
ley & Co.| 43, Ghaiieery«laiMd-^Fi«t dated Feb. 4. 



THE JURIST. 



M 



XDlfUND HAWORXH, MadieiAir, nMrdmt, Maroh 7 
1 flt It, CommimoiMn'.rooDM, tianelKater: 
lJk]lobeitWiB.BanMtt>M«ielMster; Abbott 
lb JkiMf , 4» dMriotte-tt., Bedford-iqw— Fiat cUted Febw 12. 

i PkiB^ a*a SmHtei Pki&^ RegeBt.st.» kaip-ra«« 
1 2 it 11, Co«it oTBrnkniftcy, pr* d^— /« 




11. 



s, Dardham-down, CUftoa, Bfiitol« 
^Biiiif^4il]l, CMMBMraMl*nonft Brktoi» pr. 
d.—J9«irf». #*. CbmiMeriv MaiMhektef, distiller, Feb. 28 at 
12, Govt of Bnknptey, eb. •mm.-RoM. H. C. HwU, Hen. 
CB«ii^«ii4iW. O.iSM/JI, OUBroad^t., Ckj of London, 
Md HaoBbni^, moRbanta, March 3 at 2, Gout of BaBk'> 
npCej, ^.aff. a^. oat. of l^d. 0. SmUK^Rohmri Witwn, 
k-tyno, oollkry owber, March 11 at 11, BaaV- 
n-rooin, Neweastle-opoh-T^ne, ch. ass.— FT. 
, Chtame, Berefordsbire, com-dealor, March 14 at 
I tttraai Iim, Hei«rord, last ex.-Vote lUchmimd and 
tty Mandiester. jam-a^nts, March 14 at 10, Com- 
_ f-too/aa, Manchester, last ex.-^Bd, Mounffbrd and 
J^^iLMfOiffMt, iSath, dn^n, March 12 at 11, Court of 
"^ ' Hicft *ttd. ac. and fickt and fin. di7. joint and sep. est. 
i Shiiit AifyU-Street, Ai^gyll-sqiiare, lodging hoose- 
t, HaA 12 H 12, Colirt of Battkmptcy, and. ac.— r. 
id Mhikmtd Mtf^o/Mii, Baxtoa-opon-Hnmber, lin- 
, b«ttlcita, F^b. 28 at half-past 10, Conrt of Bank- 
rapft^, and. ie. — Samuel ChtarekUt, Deddington, Oxford- 
Ads, gel N e anef, Ffeb. 28 at 1, Conrt of Bankruptcy, and. ac 
iifahi WorrtU^ Suaez-street, Tottenham-cdort-road, tio- 
toAr, MarA 14 at 11, Coort of Bankn^tcy, and. ac.— 
Thm. yiiBBihi I Cow. WalsMnr, Kant, OMrchank, March 14 at 
\ 11, CiMlriof Bankroptey, and. ac.— -iSbMtf^/ J?tfyiMf*, 
Dcffbjt marbla mason, March 14 at 12, Court of 
J, aad. ae« — Hen. Brogg^ Feniung's^wharf, Soath- 
wk, aad Ovore-liilloteRaea, GroTo-hno, Camberwell, cheeae 
frcior, March 14 at 1, Conrt of Bankruptcy, and. ac. — Thm. 
Mb^ Pneierp StoakweU, loaatic asyhun kooper, Mardi 14 at 
W.po0t 12, Court of Bankraptcy, and. ac.— ^M. BridetM, 
IMiBBi, yu f ia i ott BEier^nC, March 14 at half-past 1, Court of 
y, aad. ac»— BIkv. Cor. Rad/ord, Jothua Rad/ofri, 
\ Uatf^rd, Mandbeater, iroafonnders, March 15 at 
a'-ramna, Madbhester, aad. ac.— T^. J?stM/, 
I deder, March 12 at 1, CKarenddil.bdg8., 
, aad.. ae.— /at. Ywteiu, Ladgate-hill, grocer, March 
\ 12, Cboft of Bankniptey, fin. diT.— TYm. Abr. 
i^yaidv ttetchant, March 11 at 1, Coart <»f 



n. 



II 



Baakrnit^, dia»'*-i^Bt. H^Mf, Hi|^-8treat, Sfaoraditch, gfoaar. 



laklS, Gaart of Bankruptcy, diy.—i7eary /Aciton, 
mi, Le fc ei te itbirc, aiobey scrirener, Mardi 12 at 12, 

Kiag'a Head tost, Looghbcawigfa, and. ac.; at 1, diT.— Tlof. 

AvfidLBoalme, copper smelter, May 24 at 10, Pearao's 

Bond, *nafo, Corawall, dlv. 

CCATXFICATES TO BB AI.1.0WBD 

CaJbaa Cmte aAcva io ike conirtrff on or before Mtandi 11. 



. a, Bristvi^ aaigeaB.->iZi9^fr^ Drak; BriiAol, 

eagraver. — Johi^ Jlmdtmo9f Maiden Ash, near Oagar, Esaet, 
■hmiiwalfi rnftw /oaaa, Maddoz-at., R^g«at-it., tailor. 
PABTKBBaBIP i»i8aoi.yBi>» 
IF. ^eaftar and Gso. Blen€9W9f NoithaBH»ton, attomiea and 

ScOtOll SlBaOK9¥BATION8. 

gUeUt Sr (^.» Gteg^yvr, blacksmiths.— G«o. Main Sc 

gb BaHdiBg flodet^, Lanarkshire.— Am. J^acRtf, 

AjrMf6j mttt^am^.'^Jas. Sarhw, jun., Banff, 

nirwediAet, jun., Dundee, manfrfattarer. — A. 

Vdn, Iwtd keeper. — Bbmezer Rkthetford, Kir- 



IKfiOLVENT DEBTORS, 
ftf/liffiaafti^ Prinnen are ordered to be brought up hrfore 

the CbaH, ta Portugal^et, on THday, March 11 at 9. 

tftai. Biepeta, Leman-st., Goodman's-fields, carpenter.—/. 
ftdM, IfftAdle Grote^.,^Commerdal-road East, wheelwright. 
— ITak Hem, ScMd^ld, Red Cross-street, Borough^murket, 
g tfMaml , BMAa',— J&aac Geo. Smith, RatcUre-terr., Gos- 
»dil faadj eaUaat vukiBr.'^Bdio. Harris, Wakmt^uare and 
BBlMK-r Lonbctti, oomedian.— /oArt Broke^^Mr, Ramsgate, 
MBBSgiw fior aaaadi emwar.-^Wm. Domum, Korth.pl. , Weat- 
aqoBie, Ua ltf hw. — JHhi. Jiit#oa«, Sydenham, saddler.— BoHi. 
dlrataaiai Wai U - sto as fc , Mile«end Now-town, ng merchant. 
I J(iNN^ Bllllr-«t, £i«w0r Bast Smittfldd, derk. 



MaraAH, a# lAe MMBtf Aaar aad plcc^. 

Bieh. BanUter Huret, Quarer-stb aad Now Kidtol-atiaeli 
Spitalfields, fiuicy trimming maker.— il^mA. Myere, Off-alley, 
Strand, out of business. — T^ot. Granger, Noble-st., GoswcU- 
at., licensed yictoaller. — P. Jogee, Marshall-st., London-road, 
St. Geoi|[e's-fteIds, dealer in old iron.— Jfa/f . AMelU Moly- 
Bouz-st., Bryanstone-sq., porter. — Hen, Sdwarde, Windsor- 
St., Lower-road, Islington, turner. — Edu>. Oration, Devon- 
shire-pl.. Stoke Newtnjgiton-green, map publisher. — Wm. S, 
Bice, Gloucestar-st., Queen-sq., Bloomroury, plumber.—^. 
Harrit, Chatham, clothier. — Henry NeUon^ Ashlqr-creflcent, 
Gty»roadi commission agent, 

Court-kouiOf Monmouth, March 11 at 10. * 

VTntm M&berit, Ahe^gafOBDy, grocer.— IPUMaai iVioa, Jan., 
Tiadtegar li^M-warka, attoney at kir.— JMa AarielT, Tayn- 
filkins, Monyddiakiykia, aal of baahieaB.-^. B^kimrdh Ran^ 
ney Ironworks, oonstable.— /at. albaas, Variey Iron-works, 
Trovctban, hallier.— /aeiae WiUiame, Usk, saddler.^ ?Ft/^tam 
Parketf jun., Abersychaa, publicaii. 

Couft'hmue^ GLOueaaTSB, fCUyJn March 14 ai 10. 

Wm, Saga, LiCtfeworth, batefaBr.--/»Aa. Oam^ Loag)mpa» 
butdier. — Wm, Sterry, Gkweaater, builder. 

OwW-iloata, GLOucaaTBa, (Cowdg), 3iarek 14 at 10. 

Win. LaU, Berkelay, oat of hasiaesa.— J. Marg&n, Cleaf- 
wdl^ aeaif Coleibrd, iankaaper^-^Tftos. W, Brigkian, Chdtea- 
ham, paper hanger.— -YTak JMsr, Chdtenham, bakctr.-— Ji«tt. 
Smdrig, St. Brfavela, avwycr.— GeOk Spire, (Hoaoetter, pig 
dealer.— J. BrnUcwahr, Chardiam, fimner.— JK. Humpkria, 
Bourton-on- Water, pig dealer. — John Hen, Martin, Chelten- 
ham, plomber.— £/t Dowell, Stonehouse, saddler. — WUUam 
Coney, Leckhampton, near Chdtenham, carpenter. — ff, Bur^ 
fiird, Malsemore, near Gloucester, horse dealer. — T. Corbett, 
Cheltenham, out of business.— ittVAord Dobbe, Cmderfbrd, St. 
Briavels, collier. — Wm, Turner, Greet, near WiAchcomb, la- 
buurer. — Jag, B^fyef, ScdfltOB, WoliJestereMitt, witter. — ^rtd, 
Ferd, Arm$, Steele, Stapleton, near Bristol, out of business. 
— D. Tawney, Lansdowne, Cheltenham, tumpike-gate keeper. 
— Bieh. Cookf St. BnaTCls, out of business. 

GparZ-Aoaat, Lakcastbb Castlb, AfarcA 9 at 10. 

George Newaham, Boltoa^le-Saada, d&der bumer. 
AfareA 1 1, a^ the eame hour amdpttKB, 

Robt, Scholee, Little Bolton, mi Of business. — Peter Shato- 
cn^e, Newton-beath, out of business.^ Jtopisr J\ttham, Roch- 
dale, out of business. — L. Baweiijj^, Preston, out of business. 
— ^. M Carter, Preston, tailor.— /otAim Gath, Manchester, 
out of bttsiiless.'-^aiiwt Standing, Lancaster, butdier.— ^./bAa 
Stanton, Bolton-le-Moors, out of busikiess. — Jos. hardeley, 
Mandiester, butcher.^-lU^Aanf JThy, jtin., BoIt(!m-le-Moors, 
carter. — JoeephMiHe, jun., RoduUe, out of businett.^^oa, 
BdbiMon, Liverpool, joiner. — Wm. Robeon, Manchester, eat- 
ing house-keeper. — George Lomax, Birtle cum Bamford, near 
Bury, grocer.— J!tfcA. Wright, Wltton, near Blackburn, pro- 
Tision shopkeepar.-^C. /. Ahaiemd, Presloa, eoBaBisaiD4-8gent. 
— £. /. Williameon, MaMfaestfcr, eoal dealer.— Jot. Barker, 
Maachoter, oat of busiBata.— 7%oaiai JBrova, Redidde, tea 
dealer.— irnir:y Sterne, Blackbam, bvtchar.^Jf dto. JKaeiiey, 
Manchester, maaUn dealtr.-^il. HHtm, Maneheater, batcher. 
—Joeeph Hineki^^ Lower Darwcn, aaar Bladtbuxtt, pranaioa 
ahopkMper. 

AfarcA 10 ett the eame hour and plaee. 

Joe. Whitaker, Stuckshead, near Baeup, out of business.— 
John Preeton, Lanshun-bridge, near Colnc, wearer. — /. S. 
Berwick, Sutton, near Evesham, Cheshire, out of business.— 
IFia. WitkinMn, Blaekrow, fcnner.— ITm. ArkwrigM, Cii- 
thero, out of busineaa.— 12. Hammond, Raddifiei near Bdry, 
brewer.— ^oA» Hughee, Liverpool, groeer.— JoAn Aimrnorth, 
Over Darwea, near BJaekbum, proviaioB diopkeeper. — John 
Sharple»f Bankfold-gate, and Pickup-bank, near Blaakbum, 
furmer.— /oscpA Hardy, Mancheator, shopman to an iron- 
monger. — £iir. Swire, Smallbridga, near Rochdale, wheel- 
wright— S'am/. Catiin, Soathport, batcher.— i>aH<l Ikmee, 
Hulme, Manche^r, retail dei^ in ale. — Joe. Rkodee, Man- 
chester, out of business. — Bridget Variey, Clitbero, fiirmer.- 
Wm. Bowere, Opensbaw, Maneheater. hatter.— iZaftsr/ .da- 
erqft, Burscoogh, near Ormakirk, com miller. — Bieh, Beeetey, 
Coppall, near Chorley, farmer.*-VoA» JB«ardmorf , Manehea- 
ter, fishmonger.— Jbt^A Sharpke, Withiagtoa. acsr Man- 
chester, victualler.— Jto^^. TVavtf, Salford, drysalter.— fPi^, 



S6 



THE JURIST. 



BMwm, Colne Watenid0» profishm thopkaeper.-VL WhaU 
momgh, Tong, ftonemaioii. 

March 14, at ih§ tame hour and place* 
11, /• ffemm, Hulme, Manchester, teacher of languages. — 
Jamei SuiiOHf Pendleton, Manchester, commission agent.—/. 
B. Lomaxt Manchester, finisher.— /oAn Mou, Salford, ont of 
business.— -/oAa BeUhaw, Jan., Manchester, stationer.— If. 
GofAre//, Hnlme, Manchester, widow, out of business. — Jamc§ 
ffalHweli, Sharpies, near Bolton-le-Moors, Tictualler.-VoMi 
Wornnck, Wigan, common brewer.— Sta/. Jones, Manches- 
ter, fictudler.— Geo. Glasbrook, Wigan, cooper.—^. Jack* 
eon, Choriton-Qpon-Medlock, out of business.— £^. Sefer, 
Manchester, siser.— /ames Munro, sen., liverpool, iron- 
foimder. — Jkmd Martin, IiTerpool,captBinof a ship.— iSifm/. 
AUeap, Choilton-upon-Medlock, coach driyer.— /amar Dean, 
Habergfaam Eaves, near Burnley, out of business. 

iKSOLySNT DSBTOms' DiVIOSWDS. 

John Baker, Gloucester, builder, Feb. 22, Addison's, Glou- 
cester: U, 2d. In the pound.— /at. E. TVhiiienbury, Pancras- 
Ume, Buddersbury, commission agent, Feb. 21. Smith & Tay- 
lor's, Basinghall-st : Is. faithe pwid, (in addition to 2t. M.). 

MSBTINGf. 

John ffarrieon, Cottingham, Yorkshire, innkeeper, March 
7 at 9, Tiger Inn, Cottingham, sp. aflhirs.— /oAfi Rieharde, 
Watlbrd, Hertfordshire, chemist, March 10 at 1, George and 
Vulture Tayeni, St. Midiael's-alley, ComhiU, sp. afiairs.— C. 
/oust, Tjrmawr, Llanfiir, Dyflfryn Clwyd, Denbighshire, wi- 
dow, Match 23 at 1, Cross Foxes Inn, Ruthin, sp. affairs. 

Master in Chancert. — ^The Lord Chancellor has 
appointed Beiy amin Tuthill AHei^of Bumham, Somer- 
aetahire, Gent., to be a Master Extraordinary in the 
High Court of Chancery.^ 



PETERSDORFF'S NEW ABRIDGMENT. 

Just published. Vol. 2, Part 1, price 8t., to be continued every 

Two Months, 

A PRACTICAL and ELEMENTARY ABRIDG- 
MENT of the COMMON LAW, as altered and estab- 
lished by the Recent Statutes, Rules of Court, and Modem 
Decisions; comprising a full Abstract of all the Cases argued 
and determined in the Courts of Common Law and on Appeal, 
wiUi the Roles of Court from Michaelmas Term, 1824, to 
Michaelmas Term, 1840, inclusive, and of the Statutes passed 
during the same period, with connecting and illustrative Re- 
ferences to the Eiarlier Authorities, and Explanatory Notes ; 
designed either as a supplbmbnt to the Author's Abridgment, 
or as a sbparatx Work. By CHARLES PETERSDORFF, 
Esq., of the Inner Temple, Barrister at Law. 

v, and R. Stevens & G. S. Norton, Law BookseUen and 
Publishers, (Successors to the late J. & W. T. Clarke, of Por- 
tngal-street), 26 and 39, Bell-yard, Lincoln's Inn. 



Will be published on Thursday next, the 24th February, 

Aprioe 14t., boards, 
SYNOPSIS of the LAW relating to INDICTABLE 
OFFENCES, in which the Crimes, (in alphabetical 
order), the rcstpective Punishments, the necessary Evidence, to- 
gether with Observations, embradng a condensed Digest of 
Cases, are Tabulariy arranged, and comprising also Ref^encea 
to Precedents of Indictments for each Offence. By B. 
BOOTHBY, Esq., Barrister at Law. 

Saunders & Benning, Law Booksellers, 43, Fleet-street. 



Price 24t., 

A DIGEST of PRINCIPLES of ENGLISH LAW, 
arranged in the Order of the Code Napoleon, witii an 
Historical Introduction. By G. BLAXLAND, Esq. 

'* Nearly one-third of the volume is taken up with an histor- 
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** The information thus (in the introduction) imparted is ex- 
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'* L' anteur est tr^ vers^ dans la oonnaissance de la Illa- 
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risoonsultes andens et modemes et les cite tr^ heureusement et 
toujours fort k propos."— Bulletin dn Jurisconsulte. 

H. Butterwoith, Law Bookseller and Publisher, 7, Fleet- 
jrtreet. 



In two or three days will be pubUdied, 

PART I. of a continuation of CARRINGTON and 
PAYNE'S REPORTS, comprisfaig Reports of Cases ar- 
gued, and Rules, at Nisi Prius, in the Courts of Queen's Bench, 
Common Pleas, and Exchequer; together with Cases tried on 
the Circuits and in the Central Criminal Court. By F. A. 
CARRINGTON, Esq., and J. A. MARSHMAN, Esq., Bsr. 
risters at Law. 

S. Sweet, Law Bookseller and Publisher, 1, Chaneety-Une. 

Of whom may lie had, 

In 1 vol., Bvo., price 14t., boards, 

COMMENTARIES on the LAW of NATIONS* By 
WILLIAM OKE MANNING, Jun., Esq. 

In one thick volume, price II. 4t. boards, 

LYTTLETON, his TREATISE of TENURES, hi French 
and English. Printed from the most ancient copies, and 
collated with Lettou and Machlmia, Macfalinia, Pynson, 
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each Chapter, (designed for the use of general readers sad 
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Life of Lyttleton, and a Biblu^phical Notice of the various 
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'< Olde Tenures," and the " Consuetudines Kandse," the lait 
coUated with an unedited Copy m the Arundel MSS. By 
THOMAS EDLYNE TOMLINS, Esq. 

VATTEL'S LAW OP NATIONS. 
In 1 vol., royal 8vo., price 1/. It., boards, 

THE LAW of NATIONS; or Principles of the Lav 
of Nature implied to the Conduct and Affairs of Nations 
and Sovereigns, from the Flrench of Monsienrde VatteL A 
New Edition. By the late JOSEPH CHITTY, Esq., Bar- 
risterat Law. 

S. Sweet, Chancery-Iane ; Stevens & Norton, 26 and 39, 
Beil-yard ; and A. Maxwell, Bell»yard. ^ 



STARKIE'S LAW OF EVIDENCE.— Thuid Enmor. 
This day is published, in 3 vols., royal 8vo., 4/. 14s. 6d. bdi* 

A PRACTICAL TREATISE <m the LAW of EVI- 
DENCE and DIGEST of PROOFS in CIVIL sad 
CRIMINAL PROCEEDINGS. Third EditioD, with my 
considerable alterations and additions, brou|^ down to Mi- 
chaelmas Term, 1841. By THOMAS fi^TARKIE, Siq^i 
Barrister at Law, one of her Mijesty's Connset 

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Publishers, (Successors to the late J. & W. T. Clarke, of hre* 
tugal»street), 26 and 39, Bell-yard, LincoJn'a Inn. 

FOX ON SIMPLE CONTRACTS, AND THE ACTION 

OF ASSUMPSIT. 

Just published, in one vol. 12mo.,, priee 7t. 6cf. 

A TREATISE on SIMPLE CONTRACTS, and the 
ACTION OF ASSUMPSIT. By WILUAM FOX, 
Esq., of the Inner Temple. Special Pleader. ' 
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• of linidy& Davis), Law Bookseller, 57, Qvey-street, 

outeide Lincoln's Inn Gateway, begs to inform the Gendeaia 
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London : Printed by WALTER M'DOWALLiPBiiriJi ^f^^S 
BSBTON Row, and Publlehed by STEPHEN SWEET, ^"SSl 
and PvsLisBKB, S, CvAxaaaT Lahb. Satodsy, MntfT ^' "*** 




s' 



)V 






No. 268. 



FEB. 26, 1842. 



With Supplement, 2s. 



I%e /Mnom^ are the Names of the GerUlemm who fammr Tbx Jvian 1^ Eeportt of (knee atyued and 
decided in the several Courts of Law and EquiUjf: — 



Ho«M of Lords 



{£. T. Hood, Eiq. of the Inner 
Temple, Barrister at Lew. 

^rrrv riMiiil fTsNiiON EnwAmos, Esq. of the 

*"'^ ^~~ "• InnerTemple,Barriiterit Lew. 



SUc r A. v. KimwAN, Esq. of Grej'i 

\ Inn, Barrister at Law. 

ne Lovd Chanffrilor's fE, T. Hood, Esq. of tiie Inner 

. \ Temple, Barrister at Law. 

^ tf»* Tt^^m r«—4/^' Y. RoBsoN, Esq. of tiie Inner 
ortheBoasConrtl Temple, BaAuto at Law. 



of £d|^ / Trnison Edwards, Esq. of the 
knTs Govt \ Inner Temple, Barrister at Law. 

Tke-rhiSMwIliir Braee's f W. W. Coopsr, Esq. of the Inner 
Csvt 1 Temple, Barrister at Law. 

Tiffi ntnelfcir Wlgram's f E. J. Bnvin, Esq. of Unoohi's 
Govt \ Inn, Barrister at Law. 



Court of 



.Bench J Q 



. KxMPsoN, Esq. of the Middle 
Teinple; and 

. J. P. Smith, Esq. of tiie Inner 
Temple, Banisters at Law. 

Q«een'.B«nchB.aC<«.rt{^,^K«j;^. J^^f ^* 

Court or Co-unon Ito.{^- "jM-H-^K^-nU.. 

W. M. Best, Esq. of Gray's Inn^ 
Barrister at Law. 

Ecdesiastieal and Admi* f Dr. R. PBUxiMomi, of Doetora^ 
ralty Courts \ Commons. 

{F. FisHSR, Esq. of Lincoln's 
Inn, Barrister at Law. 



Court of Exchequer.. .. < 



Court of Renew 



LONDON, FEBRUARY 26, 1842. 

Ricm ocenrrences, of which puhlic notice has been 
Wkflu la the L^gifilatare, have given some degree of pre- 
■■i fnrtlwl interest to the question, whether one state 
to ddiver up to another persons, who, having 
[ some aet criminal by the laws of the second, 
isve eseqwd thence, and taken refuge in the first. 

Of the law of England, as to the particular question 
arifli^ in the dicumstances to which we allude, there ne- 
ver was^ we apprehend, any doubt ; and if there had been 
any, there could not remain much after the explicit 
^NmoBi which have lately &llen from the highest law 
authorities in the House of Lords. But, on the general 
quesUon, it is not quite so clear what is the law of na- 
tioDi^ and of Ei^land, in so far as the former is included 
within it. Yattel, in the ^ Treatise on the Law of 
KitioDi^" thus states his view : ^< If a criminal escapes, 
and letoms to his own country, justice must be de- 
manded at the hands of his sovereign; and since the 
Wtter oD^t not to permit his subjects to molest the 
iiAieelsof another sovereign, and, stUi less, audaciously 
to eCBMl fioragn governments, therefore, he ought to 
coinpcl Iks criminal to repair the damage or injury 
wUeh he hM done, if possible ; or inflict exemplary pu- 
nt a hm a K vpon him ; or, lastly, according to the nature 
tf the egse and the circumstances^ deliver him up to the 
e fad ed aUte, in order that it may do justice upon him. 
TUs is a toleraUy general practice vnth respect to great 
crimci^ which are equally contrary to the laws provid- 
ing for seeuri^ in all states Murderers, incen- 

ttric% and xobbCTs, are seized everyiyhere, on the de- 
maid ef the sovereign in whose territories the crime has 
been eeauuitted, and delivered up to justice. In states 
idiieh m ranted by close ties of alliance and amity, 
the pnetiee ms still farther;" .... and he goes on 
to ipemk of what is actually practised, by arrangement, 
Wtweea aMh ststes. (Vattel, book u. c. 6, ss. 76. 76). 
^Dr*Slfli7,icfiBaiog to these paasagea in Yattef, attri* 
ToimYL 6 



butes to that author the opinion, that the surrender of 
criminals is a matter of strict international right. It 
is manifest, however, that Vattel is only speaking of 
the case where the act done is equally a crime in both 
the States; and that his opinion is to be taken with 
that qualification, is^ we think, plain from the instances 
that he selects, viz. murder, incendiarism, and theft, 
crimes of which he speaks, and with truth, as equally 
contrary to the laws providing for security in all coun- 
tries. 

Grotius also speaks of the rule of surrendering cri- 
minals, as obligatory. He says : ** Cum vero non sole- 
ant civitates permittere ut civitas altera armata intra 
fines suos pcens expetende nomine veniat, neque id ex- 
pediat, sequitur, ut civitas apud quam degit qui culpe 
est compertus, alterum facere debeat, aut ut ipsa inter- 
pellata pro merito puniat nocentem, aut ut eum per- 
mittat arbitrio interpellantb. Hoc enim illud est de- 
dere, quod in historiis ssepissim^ occurrit." (Grot, do 
Jure Bel. lib. 2, sect. iv. tom. 2, p. 677). And then he 
goes on to refer to a variety of cases in which persona 
having committed offiences have been delivered up. 
But he concludes with this proviso: ^^Quc omnia 
tamen sic intelligenda sunt, ut non stricte populus aut 
rex ad dedendum teneatur, sed, ut diximus, ad deden* 
dum aut puniendum,** (Id. sect. iv. p. 578; see also 
Burlemaqui's Principles, pt. 4, c. 3, sect. 24). Whence, 
it seems, that Grotius also must have had in view only 
the cases where the act committed is a crime by the 
laws of both countries. Were the doctrine, laid down 
on this point by the two authors cited, not thus limited, 
it woula go the length, in effect, of determining, that a 
Sovereign ought to punish hb subject for an act, for 
which, by law, he cannot properly be punished. 

Voet, on the other hand, citing the practice of the 
Romans, and contrasting it with that ot the nations of 
Christendom, expresses mmself, so as to leave it to be 
inferred, that he treats the practice of surrender as one 
of comity, and not ^ national duty. (Voet do Stat* 
358> and see Story's OnSki of Laws, ^}. 



58 



THE JURIST, 



Paffendorff aUp, ijt is md, de^iw tha right of ao9- 
render as a mattw of ligl^t* ; (Barleiaaqai, pt. 4, c. 8» 
sect. 24) ; and to the same effbot are th^ ttguQieBts of 
Marten. (Law of Nation% hook Hi, oap. 8, sect* 28). 

Lord Coke sayq^ *^it is holden, apd so it hatl| heen 
resolved, that divided Ipngdomes under qeveiaU kings 
in lea^e one with another, ape saQciuaries for servant^ 
or subjects flying for safety from one kingdoms to an- 
other, and upon demand made by them, are not by the 
laws fu^d Ulw^i^ of l^^ngdon^Bf to he delivered; afid 
this (some say) is g io wided upon the Law in Deuteroi- 
nomy, nen tiadea aejtwvm donuao soti ^ ad ta ooi^ 
fugerit." (8rd Inst. 180), and heeit^ a ease in 84 Eliz., 
in which the Q,u#en. demapdUig from the French king 
certain of her subJ4^tc[ who h^d committed treason 
against l^r, the S^rqnch kiqg isfiMisd to deK^er Hk&m 
up» ^^iA& il^ ^^omWA regpa profiins esse libera, 
regum mteresse nt soi (j^uisqae regni ubertates tuea- 
tax.** And to tl^ laay be aode^ « 99m X^Uimd to by 
Monsieur Merfin, (Repert. vol. 81, p. 882), where a 
I'loK^tivejihfvrmg oongyqpiMe^ a^ murder in Enjpl^d, fled 
to Roznss; «ki hwg depwbded by the King of England, 
the Bom4(i State refused to d^)i^or him up. 

Mr. Chancellor Kent advocajkes. a oontewsy oplmon: 
<< The language,*^ says that eminent judge, ** of the au- 
thozHies ia oUiHr andeajpUcifr; md tiik lav and «SMe ef 
nations rest on the phiineit princ^desof justice. It is 
the duty of th^ govfirim%vit to surrender up fugitives 
on dema^ after ttifi qivU j|iaff)Bti«te shaU have a see y - 
tained the existence of reasonaole ground for the chatKe, 
and sufficient to put the ^c^used upon hb trial. Tne 
^ilty party cannot be tried imd puni^ed by anjr other 
nirLsdiotion tkaa the one whose laws hav« been violated. 
Theoefoxe^ the duty qf tnrtendeiing him i^pKes aa weii 
tp the^iaaeof thoailvieotG^of tbeiSUte ^Hrreiideiivg, «p 
to the case of objects of the power dei pwd l n g ij^^ 
fncitive.'* (Comn^. V<4. 1, p, 37J. 

But a writer and judge no less eminent, alreafy^ re- 
ferred te, after statwg this epnuon of ihe Amerioaa 
ChanoeUei^ obascvei^ that other diatinfuished io4gM 
and ju]aAtalMiive««itot«tood^diffNe|itop^enA (Storv'e 
Commentaries on the American Constitution, iii. 675). 

I;i our own Cpurt^tbere is ^k. case referred to in 4 
Taunt. 43} hy Heatbj J.^ of the crew of a Putch ship 
who had seized tlxe ship and escaped with it to this 
country, and it was determined that they ought to be 
sent bade t^SoUand, theve to be tci%d. And thane ave 
two old e^au^ in qiubi oC wU0h« S«m y. UmMm^fm, (8 
Keb. 785 )j thid Court i^^ued to.hajyi ^xon^ ooo^unitted on 
suspicioja of a murder in Portugal. The other (Lfin^s 
casCy 2 Vent. 814) tbllowed in a more modem one, {Rex 
V. Kimberlt^y 2 Str. 848^, decides that a party may be 
commuted here for a folony in Ireland, m order to be 
sent over there to be tried. The first ease only decides 
that the prisoner eonld not be bailed; «Dd ths secomd 
determines th^ rule only as between two stutes, mem- 
bers of the saine politici!l body Cf federation, and not as 
between states forei^ to each other for aU purposes. 

Such is a very hnef outline of the authonties on this 
intricate subject; and it seems, o^ reviewing them, ra- 
ther difficult to coincide in the opinion of Mr. Chancellctr 
Kent, in considering them aa elear and explicit, or es- 
tablishing anything Kke a settled rule. On the coa- 
trary, whatever may be considered a sound i^nd reason- 
able theory, it is pmin, we submH, on the whole, that 
there is a very considerable conflict, both in the opiniona 
of jurists, and the decisions of tribt^nab as to what is 
the law of nations on this point. 

It will be ibund,, howe^rer, we helieve, tha^ in aH the 
ca ses put by jurists, as well as those decided by tribu- 

""^ Biitw^^v;7VCo9fl|ctof.X#w|,5a, note 4. wh^'t^ 
leanu^d 9f»Aif^i^^ HQfezi^ to.tbia^lUwQd opi|iioB ^ ^u^c^Am^ 
adds, tbfft bfi^bfa^W prt)/B^^QIR#i^r9A^ to.tiMt.«l5i9t 

m hia work. 



naU^ in whidi it has been held, that one state ought to 
deliver up to another nefsons who have committed 
crimes in the territory or the secoitd, the alleged crime 
has been an act whien was a crim^ by the law of the 
state delivering up the ofikider, as well as by the law 
of the state where tiie ofienee was committed. And 
we have not found any authority for holding, that, by 
^ law of nations, cme state is bound to deliver up to 
another penona who have committed, in the territozv 
of the decon^, an act criminal by the law of the seconp^ 
hat v^aopen*; by the law of the first. 
== ■4 n 

PIST»IN«AS ON STOCK. 



L BiSBtfif«M nmm th^ d Yicr. c. 5, s. 5. 

Wfm the piu|KMae# rostiaining the legal hold^ of stock 
fimn doaKng vif^ it te the prejudice of the persons 
bftfteifially lat^Nsted, an ii\|ti«<4ioB, vpoa a bill filed, 
has hithesto been the only course that eoold be por- 
snai in tiie Couit of Chancery ; and, hefokce the statata 
of the8d & 40 Geo. 8^ it was necessary to make the 
Bf»k apavty te thamt But, inth^ Court of Exche- 
(|uer in Equity, a pn^itice had grown up, of effect- 
I ]«C the «i»e oi^eet by the more oomvodtoiw, bat Im 
fiuttUiarigr ksown^ nrooeeding hy writ of duiriafu, 
1(^ waf» in tmtfa* die eoBimenceiaawt of % tiUt «gauiat 
the Bank or eithev puh^ body himng: the Austeiqr of 
the «tftfik, being the pcepv process ttW^st « 4)Qr}x»»< 
tion, and founded on SksupfiDsed bill of injuuptlon; yet, 
ift point of fosty BO bill wee aotuaUy filed. The wot 
was served on the Secretvry of the Bank^ und was ac- 
companied by a notice in writing, siguifyine thai the 
dUi^ringiu was inteiided to prevent the transKir, or the 
payment of the dividends, of ^ partiqular sum of stock 
striding in the name of the person mentioned and de- 
seribed in Ae notioe. €^ uie notice might be cob- 
fiaed, by the meeiol permisBien of the jDliMton^ to a 
QtitWA pArt only qf a piu^icwlAr siua ai etoek, when- 
ever the oircamstanoes qf the case required it; as, for 
i99tanc?^ whesp the stock was standing in the name of 
an executor or trustee for several cestuis que tr^st, sod 
the proceediiu[s were instituted by only one of them. 
Afker the receipt ef 'this notice, ths Bank vqas ve^tnined 
fioMajwrmitfing a transfer of the stock, or pajfinsAt 0^ 
the dividends^ tor a UoMted timc^ withi^ v^^ ^ hi)l 
ought be filed for an iojunqtion. And thus, in tho 
common phrq^eplo^^ ** a stop was put on the stock." 
\t was, however, the usual practice of the Bank to give 
notioe to the partv issuing the dkhingoBy that, unleaB a 
bill was filed, and an injunction obtMned before.a cer* 
taia day, they would peiimit the transfer. (1 Pamel*4 
Ch. Practice, 202). And it seldom happened that a 
bill ws^ filed; foi:, ^henthe object of the equitable 
owner, of bringing about an arrangement with the le-. 
gal owner, was attained, no further steps were taken m 
the matter. 

The aot ^ To mke further p»viaipBB lor the Admii 
nistr«tion of Justice," ^ Yiot. e. 6, ip al^oU^hing ^ 
equitable jnrisdictioAqf the Court of Ekoheouex, would 
liave put an end to this practice of proceeaing by aw- 
trinffosj which was peculiar to that court, and lias been 
fi)und extensively useful. But the 5th section of that 
aot provides fi>r its eontinuance in ihe Court of Ghan- 
oery, on the same fitotrng aait hsd obtained in the 
CotWt of £xcheq[Uier ; and enaeti^ th^t, in th« P^ ^ 
the writ of diairmffas heretofore issued from the Court 
of Ej^chequer, there shrfl, after the I5t\i October, 1841, j 
be issuable fix)m the Court of Chanceiy, and be sealed 
lit the Subpoena Office,, a writ of dUirin^ whose forc« 
and effect, and the practice under or relati^ to it^shaU 
b^ the same 98 it was in the Court of E^chequei:* , 

^iaro of the writ oidi^mafi^t, v?hich iathj^WUi 
ahlfSMit of Cawoeiy, is given m ^ tqhedide tp m^m , 
4wtd|hf jud«a.pf tto.C9ui:t.(if (^c^wwj^ I 



THE JURIST. 



59 



Ys 



to fnnie roles for canying into efifect the adoption of 
the pnetice iii diitrmgas in that conrt. 

In the exerciae of that power, an Order ^for regulat- 
nig the nnetice of distringas on stock" was issued b; 
the Lm Chancellor, on the 17th of Noyember hist. 
Jar. 1044). 

Aeeording to the directions of this Order, any person 
riaiming to oe interated in stock standing in tne name 
of aaj other person in the books of the Bank of Eng- 
land, may, by his solicitor, prepare a writ of distringas 
in the mm set out in the scneaale to the act, and pre- 
sent it for sealing at the Snbpcena Office. 

When the wnt is presented for sealing, it is to be ac- 
companied by an dndavit b^ the person applying for 
the writ, or his solicitor, which, according to the form 
ueaerihed by a sabsequent Order of the 10th December 
lart, (5 Jur. 1141}, is to state, that the party is bene- 
ficMUy interested m the stock, and speciiy the amonnt 
and description of stock, and the person in whose name 
it is rtanrfmg. But it need not state a belief of any 
dagger ui the stock being dealt with prejudicially to 
t&esaz^s interest. 

The writ 18 to be serred upon the Bank with the 
same kind of notice as was usual with regard to the 
Exchequer writ, and is to hare the same force in re- 
stTMniiy a timuafer, or payment of dividends. But it 
IS not to remain in force, without the order of the 
cow^ for mare than eight days after a request ficom the 
vartj' in whose name the stock is standing, for a trans- 
fer or payment of the dividends. 

The writ may be discharged, as of course, on the 
petition of the party on whose behalf it was issued; or 
en the application, by motion or notice, or by petition, 
doly aemd, of any other person claiming to be inter- 
erted in the stock ; with such costs to be paid by the 
ytyau dying forthe dischaige, as the court shall award. 

*utt Otder also contains other regulations relating to 
tbe fces ad costs. 

The Qnler particularizes only stock transferable at 
ike Baked England, being that with which the prac- 
tioe ctdutrmffoSf in tiie Court of Excheauer, was most 
eommooly 'conversant. But the proceeding by dishin- 
psMy like the proceeding by injunction under the sta- 
tute of the 39 & 40 Geo. 3, is applicable, it is believ- 
ed, to the fonds in the management of the South Sea 
Compani% as well as to those under the control of the 
Bmk. We are not aware that it has ever been at- 
tempted to be employed with regard to interests in the 
8fto^ or share of any other corporate companies. But 
sect. 4 of the 5 Vict. c. fi, invests the Court of Chancery 
with the administration of a summary process, having 
a amilar irarpose, with respect to the stock or shares 
efoi^pabllc company. For it enacts, ^<That on and 
after the said 15th dajr of October, 1841, it shall be 
lawful for the Court ox Chancery, upon the application 
of any party interested, ly motion orpeNiiony tn a turn- 
MSfyMf, wUkaut hUlfied, to restrain the Governor 
nd Company of the Bank of England, or any other 
T*^ eeswoiijf, whether incorporated or not, from per- 
ns ue tn ' ' 



tivnsfer of any stock in the public funds, 
\ or shares in any public company ^ which may 
be ■tamfiiy in the name or names of any person or per- 
soiu^ or body poHtic or corporate, in we books of the 
Govenior and Company of the B^k of England, or in 
the books of any such public company, or from paying 
any diTiden4 or dividends due or to become due there- 
odl'' And this mode of proceeding is assimilated as far 
as may be to the practice in distringiu. The order made 
by the Coart of Chancery upon such motion or peti- 
tupD, is to ^lecify the amount of the stock, or the parti- 
cular aiuves which it is intended to affect, and the per- 
sm in whose name they are standing ; and the court has 
power, npon the application of any party interested, to 
dischaige or vary the order, and to award costs upon 
iBcii sppBcaticD, as the court shall think proper, 

9 



II. ChABOIHO ObDBB, OPBRATINO as ▲ DiSTRlirOAS, 
UMBBR THE 1 & 2 VlCT. C. 110, S. 14. 

The Stat. 1 & 2 Vict. c. 110, in the furtherance of 
its purpose of enlarging the remedies of creditors ag^iinst 
the property of their debtors, has furnished a judgment 
creditor with the means of obtaining satisfiiction for his 
debt out of a species of property, which he could nei- 
ther take in execution at law, nor attach in equity. 
The 14th section of that act enables him to lay hold of 
the funded property of his debtor, by a mode of pro- 
ceeding that resemoles a distringas in some of its results 
and practical details. It enacts, '^ That, if any person 
against whom any judgment ^all have been entered 
up in any of her Majesty's superior courts at West- 
minster, shaU have any government stock, funds, or 
annuities, or any stock or shares of or in any public 
company in England, (whether incorporated or not), 
standing in his name in his own right, or in the name 
of any person in trust for him, it shall be lawful for a 
judge of one of the superior courts, on the application 
of any judgment crecutor, to order that sucn stock, 
funds, annuities, or shares, or such of them, or such 
part thereof respectively as he shall think fit, shall 
stand chaiged with the payment of the amount for 
shall have been so recovered, and in- 



which 



terest thereon ; and such order shall entitle the judgment 
creditor to all such remedies as he would have been en- 
titled to, if such charee had been made in his fiivour by 
the judgment debtor.'' 

In considering the nature of the ** chaigxng order" 
introduced by this enactment, we may inquire, firstly, 
upon whose application the order ma}r be obtained; 
secondly, by wnom it may be made; thirdly, to what 
property it may extend; fourthly, its effects as a dis* 
tringas; and, fifthly, the mode of proceeding in obtain- 
ing and enforcing it. 

1. The order is to be obtained upon the application 
of a judgment creditor. And the judgment upon which 
a creditor may proceed may, it seems, be a judgment 
entered up before the passing of the act, as weu as afler, 
conformably to the express enactment!^ on that point, 
of the 11th and 13th sections. And it is to be remem- 
bered, that, according to the 18th section, the term 
"judgments" here includes "all decrees and orders of 
courts of equity, and all rules and orders of courts of 
common law, whereby any sum of money, or any costs, 
chaiges, or expenses, sheJi be payable ;'' and that the 
persons to whom any such monies, &c., shall be pay- 
able, shall be deemed judgment creditors within the 
meaning of the act, and be entitled to all remedies 
thereby given to judgment creditors. 

2. The order is to he made by a judge of one of the 
superior courts of common law. 

In cases where stock was standing in the name of the 
Accountant-General of the Court oiChancery^ the Vice- 
chancellor, at an early period after the passing of the 
act, made some orders oi this kind, chaiging such stock 
for the benefit of a judgment creditor. But, in Miles 
V. Presland, (2 Beav. 300; 4 My. & C. 431), a defend- 
ant bein^. entitled to a fifth snare of certain stock, 
standing m the name of the Accountant-General to the 
credit of the cause, a creditor, who had obtained judg- 
ment against him in the Exchequer of Fleas, applied 
to the Master of the Rolls, under the 14th section, for 
an order nisi to charge the defendant's fifth share of the 
fund with the amount of the judgment debt. But his 
Lordship, conceiving that he had no authority to make 
the order, requested that the motion might be made be- 
fore the Lord Chancellor. And Lord Cottenham, when 
the matter was accordingly brought before him, stated, 
that, after having consoUed with the Master of the 
Rolls and the Vice-chancellor, they were all of opinion, 
that the judges of the Court of Chancery had no juris- 
diction to make orders upon judgments, under the 1 8c 
2 Vict. c. 110, 8. U, and that the application should be 



«0 



THE JURIST. 



mfide to one of the oommoB law judM. Hb Lordship 
added, that though the Vice-Ghaiiceuor had made such 
orde];% his Honoi^s MemAen had not at Uie time heen 
called to the objoetioli* In coaseqaence of this deoisioili 
a ohai^ing ordei*» obtained froiti we Vice-CSianeellor In 
the case of Sklkea y. Ik^^ (4 int. 1126, 10 Sim. 41}^ was 
diflchatged on the application of the debtor ; and another 
order of the same Kind was subseqnenlly obtained hy 
the creditor from a judge of the Court of Kchequer^ 

In these cases, the judgment was a judgment obtain* 
ed in a court of common law; but with respect to de» 
orees and orders of the courts of eauitv for the payment 
of moliey) Scc^f that are to have toe force of judgments 
under the 16th section, that section, after enaetingv that 
the persons to whom such monev, &c*y ShaU 1^ pc^* 
able under such ordersi ** shall be domed judgment 
creditors within the meaning of this act," proceeds to 
provide, ** that all powers heMy given to tne judges of 
the sufmrior courts o( common kw, with rMpect to 
matters depending in the same courts, shall slid may 
be exercised W uourts of equity ^th reject to matteta 
therein depending. It would appeaiv thef«fore^ that h 
ehatging <mer for the benefit or the nerson entitled to 
the money under t^e decree or order for pigrmenti 
should be made by a judge of a court of equity. 

d. The property that mi^ be charged by an order of 
this kind w described in the act, as *< any government 
stock, funds, or annuities, or any stock or shares of or 
in any public company in JBnffUmd^ (whether inoorpo* 
rated or noty 

The stock, &0.. may be either ** standing in the name 
of the debtor in his own right, or an the name of any 
perB(m in trust for him." S<Nm after the passing of 
the act a doubt was rsased, whether, under this clause, 
stock could be chaiffed in which the debtor had onl^ a 
partial interest; ana whether the oonstraction of Its 
terms must not be governed by that put on similar ex- 
pressions la the Statute of frauds (see ZW v. Or^en* 
Aili^^ B. & Aid. 684), eo as to be held to apply only 
to ample trusts for the debtor alone, and not to trusts 
where the stock is standing m the name of a trustee for 
several persons having partial interssts. But there is 
tills material distinction to be observed between the 
eases, that, in those relating to the creditor's remedy 
against the debtor^s ta$uU under the Statute <^ Frauds, 
the partial interest, subject to whidb tlm debtor was en- 
titled, Materially interfored wi^ the possession to be 
delivered under the e2^/ while, on tne contrary, the 
nsAure of an equitable charge is capable of being ac- 
commodated to every degree and modificatioa of inters 
est, and, as such, is made available, not only againUt 
funded property,^ under the 14th section, but also, un- 
der the I3tn section of the act, for the purpose of bind- 
ing those partial and reversionary and other interests In 
real property that cannot be taken in execution. The 
doubt, however, is now entirely removed by the stat. 
3 & 4 Vict. c. 82, which extends the provisions of the 
1^2 Vict. c. 110^ s. 14, " to the intersH of any judg- 
ment debtor, whether in possession, remainder^ or re- 
version, and whether vested or c<mtingent, as well in 
any stocks, fund^ or shares as also in the dividends, 
interest, or annual produce of such stocks, &c/' It was 
also doubted, whether the power of a judge to make a 
charging order of this kind applied to tne case of stock 
standing in the name of the Acoountant-General of the 
Court of Chancery. But thie doubt, also, is removed 
by the same explanatory statute, declaring, that it s^all 
be lawful for a judge of any of the superior courts of 
law to make such order, as to stock« &c., standing in 
the name of the Accountant-CrenenU of the Court of 
Chancery, or the interest and dividends thereof, in the 
same way as if the same were standing in the name of a 
trustee for the judgment debtor. But tne order in su<di a 
case shall not operate to prevent a txanrferv or payment 
of the dividend^ by direction of the Court of Chaxic(3^« 



The«otistmctioa of this part of the statute of 1 & 2 
Vict. c. 110, both indepenuentbr of the lubeequent de» 
danttorv act, and as explained by its nsststanoe, was 
much discuased in the case of Hmlim ▼. 1^, alrewiy 
referred to. In that caas^ the defondaht was entitled to 
certiun sums of stock, standing in the name of ths 
Aocountant-G^neral to his sepaiate Scoount^ and had 
mortgaged them; and a person who had recovered 
judgment in an action against him, in May, 1840^ ob* 
tained an order from Mr. Baron Rdfe, under the 14th 
section, chaiging the stock with the payment of ths 
sum for which judgment had been recovmd. Upon a 
petition by the creditor to the Vioe-Chanoellor, for a 
subsidiary stop^rder on the ftind, It was contended, on 
the part of the debtor: firstly, that the aol of the 1 & 2 
Vict, did not ap)^y to atock in which any other perBon 
besides the juogment debt<ff had an intorest; and, le* 
cottdly, that stock standing in the name of the Ac- 
countant-General was not within thai act; and that 
the 3 & 4 Vict. c. 82, which pasasd on the 7th August^ 
1B40, had no retrospective operation, eo as to remote 
these objections. In giving judgment upon thi)iOBse, ths 
VIee-Chancellor said : << Before the eeoond act passed, I 
had occasion to apeak to the Lord ChanOellor on ths 
subject of the first aOt, and 1 distinctly uiideiutood froia 
his ijordship, that it was the intentioii of the Icgiala^ 
tuve, that any order, whrch should have the eflfect «f 
making a charge on stock standing in the name of the 
Accountant-General, riiould be ttMMa, not by a judge 
of this court, but by a judge of One Of the eourts of law ; 
but ^e Lord Chancellor never expressed a doubt that 
the judges of Uie courts of common kw might make 
orders which should charge stock standing in the name 
of the Acoountant-ijreBenJ, in which the par^ soughl 
to be ohaij^d had m^ interest; and it ia very dear to 
me, that, if there was any such doubt, it is removed by 
the subeeouent act, which does both declare and define 
what shall be the construction of tile former act." 
After distinguishing the oass of Ih» v. Gr emik iU , which 
had been cited, his Honor continued : ** It seems to mt, 
that, in a case wher« the Accoulitant-Gew«al hddsa 
fund in trust for A. and other peiuem^ he is a tmstee 
for A. and those other persona; abd, if A.'e interest ia 
the fond is sul^ect to a chai^, I see no resnon why 
that circumstanoe should prevent am order heintf made» 
under the act, to cha»e the fund.*' Bui, on this point 
as well iM the other, his Honor thouaht the a<A, beta;; s 
statutoiy explanation of the firat, Sad a retiospecUve 
operation, supposing, however, that the act had s re- 
trospective efteot, it had been contended that the order of 
Mr. Baron Rolfe was erroneous, becauae It chai^ the 
stock g»ierally, and not the debtor's interest in the 
stock, with the judgment debt. But Sir L. Shadwell was 
of opinion, that, thoitgh the debtor had not an exclusiTS 
interest in the fund, and the order was void as to a 
party who had a prior interest in Uie fond, it wooldf 
nevertheless, extMid to the interest which he had ; aod 
the stop-order was granted, the mortgagees of the fw 
being excepted out of it. 

An order, therefoK, may be made, chareing any in- 
terest of the debtor in the stock, though it be parUai 
only, and either joint, particular, or reVendonary; and 
the order may charge either the c&rpui of the stock, 
or the dividends only; *nd it mi^ comprehend the 
whole of a certain sum of stock belonging to the debt* 
or, or he confined to a part only, so as to adapt the ex- 
tent of the charge to the amount of the debt; and it 
mil not be defeated by a mortgwre of the fond pre- 
viously made by the debtor, but wiU take efieot subject 
to the prior incumbrance. For this is ftgreeaUe to the 
terms of the act, which pkees the judgmont cre^t^r ^^ 
the same situation exactly, and invests him with Uie 
same remedies, as if the chai^ had been made mhis 
favour by the debtor himself. 

Accoroiiig to the obviouB construotton ^f the daos^ 



THE JURIST. 



«1 



its proTisions applv to stock vested in the debtor, not 
at die time when the judgment is entered np, bnt at the 
date of the order. The debtor, therefore, may defeat 
the creditor's jnemedj, by selling the stock at any time 
be^ire an order is obtained. 

4. In order to prevent the judgment debtor fh)m dis- 
posi^ of the stock, &c., so as to defeat the creditor's 
icmeahr, the chai^K order is, in the first Instance, to 
be made ex parte, and without notice to the debtor, and 
is an order to shew cause only ; and till the order is made 
absolute, or disch^ed, it shall operate in the way of 
a Hg^^^ag to restram the Bank or the public company 
from permitting a transfer; or, if after notice of the 
order they permit a transfer, will render tiiem liable to 
the jutenent creditor to the amount of the property so 
charged and transferred ; and no disposition of the judg- 
ment d^tor in the meantime will be valid against tixe 
judgmcDt creditor. 

It is observable, that, though the words '* government 
stock, funds, or annuities," are undoubtedly applicable 
le stock transferable at the South Sea House, as well as 
at the Bank^ the Bank alone is expressly mentioned in 
the part of the 15th section of the act relating to the 
iUtrm^ae, Kor do the general expressions there used 
«em adapted to include the government stock in the 
hands of the South Sea Company. 

If the stock is standing in the name of the Account^ 
ani-OeDeial of the Court of Chancery, that court will 
gaai a stop-order on the stock as auxuiary to a charg- 
ing Older by a common law judge, during the interval 
of the SUL months to elapse between the charging order 
and any proceedings to make the charge effectual. 
{HuBtet r. I>ay, 4 Jur. 1125, 10 Sim. 41J. 

5. With the view of obtaining a chaigmp: order, the 

nature and particulars of the property which it is pi-o- 

pQisd to diai^ge should, in the first case, be ascertained ; 

and, upon an affidavit, stating the circumstances of the 

jndgi&eni, and tJie amount and description of the stock 

istCTded to be charged, and the name of the person in 

wbkh It is standing, an order nisi will be made upon 

appliation to a judge at chambers. The order is to be 

served immediately upon the Secretary of the Bank, or 

upon the acting officer of the Company, according to 

the nature of the property to which it relates; and, 

afterwards^ notice of the order is to be given to the 

JQ^ment debtor, by service of a copy of it upon him 

or his attorney. 

If the judgment debtor, having been served with 
notice of the order, shall not, within the time, or on the 
day, mentioned in the order, shew sufficient cause to the 
eontnxy, the order may be made absolute. Or, sufficient 
came hein^ shewn, it may be dischaiged on his appli- 
cation; 80 it may, likewise, on the application of any 
other party interested in the stock, as a trustee or 
another cestui que trust. 

In preparing the affidavit on which an order is to be 
founded for charging a partial interest, care should be 
ta^seu accurately to specify the amount, as well of the 
whole nan of stock, as of the part or share in which 
the judgment debtor is beneficially interested. In a 
case vfhere the charge was, in the first instance, too 
extensively being applied to the whole of a sum of stock 
standti^ in the name of a trustee, and the judgment 
debtor was only one of several cestuis que trust, the 
order was discharged, and confined to an amount com- 
liaeusurate with the interest of Uie debtor. ( fViUesford 

T. , Wilkinson, Law of Stock, 245^. We have 

seen, however, {MuIJtes v. Day, ubisup.), Uiat the Vice- 
chancellor did not consider an order was absolutely in- 
validated by reason of its not being restricted to the 
actual interest of the judgment debtor in the property; 
but though void, in such a case, as to a party having a 
prior or partial interest, and incorrect m its form, it 
might he effectual to the extent of the actual share or 
interest of the debtor. 



The efiect of the order, when made absolute, 'wQl be 
the same (but no other or greater^ as if the debtor had 
himself charged the stock or dividends, in fovour of the 
judgment creditor, with the amount of the sum men- 
tioned in the order. (1 & 2 Vict, c. 110, s. 14; 3^4. 
Vict. c. 82, s. 1). But no proceedings are to be taken 
to have the benefit of the charge untu after the expira- 
tion of six calendar months from the date of the charge 
ing order. It will, however, be valid against the banE- 
ruptcy or insolvency of the debtor in the meantime. 

If {he creditor, alter obtaining an order <^ this kln^ 
takes the debtor's person in^execution^ he will lose the 
benefit of the charge. ' B« 

NOTICE TO TRUSTEES. 

TO THE EDITOR OT THE JURIST. 

Sir, — Until the decision in the case of t/bntf v. Joneti, 
(8 Sim. 683), upon which you have commented in a 
recent number of The Jurist, I had always undeatood^ 
in common, I believe, with some conveyancers of emi- 
nence, that the salutarv doctrine of Dearie r.HaU, &c., 
applied to real as much as to personal estate; and the 
alarm and regret with which I witnessed the Yioe* 
Chancellor of JGngland's attempt to confine that doc- 
trine to personal estate have not been diminished by 
your able advocacy of his Honoris opinion. As the 
subject is of considerable importance, and as^ whatever 
may be your opinion with regard to the actual state of 
the law, you will probably agree, that it is very desir- 
able to place equitable interests in real estate on the 
same advantageous footing with similar interests in 
j>ersonalty, I am induced to trespass uj^onyour atten- 
tion, by endeavouring to shew, that his Honor's doc- 
trine is at least open to objection, if not, indeed, di- 
rectly contradicted by principle and authority. 

It may be as weD, m the first place, to relieve the ar- 
gument from the weight which is generally attributed 
to Jones V. Jones, as a decision on the point; but to 
which an examination of the circumstances will shew 
that it is not entitled. The jproperty in dispute in that 
case consisted of a legal remainaer in fee-fdmnle devised 
to Eliza Whitworth> and a legal estate for life devised 
to her by another testator*. Eliza Whitworth mar- 
ried F. L. Brown, and, by her marriage-settlement, 
conveyed her remainder in fee to sueh uses as she and 
her husband should iointly appoint. This settlement 
was Intrusted to the keening of William Jones, the so- 
licitor to the parties. The Brovms afterwards demised 
the life estate and appointed the remainder in fee to 
William Jones by way of mortgage, and subsequently 
joined in a transfer of the mortgage and a further charaa 
to Jane James, a client of WiUiam Jones, who left the 
deeds in his hands as solicitor. The Browns then made 
a mortgage of both estates to John Jones, without dis- 
closing the former charges, or anything beyond the wills 
and tne settlemenL Lastly, the Browns executed a 
mortgage of the two estates to John Harris, disdodng 
the mortgage to Jane James, but concealing the subse- 
quent mortgage to John Jones; and Harris caused a 
notice of his mortgage to be indorsed on the settlement. 
Now, it is obvious that these circumstances did not 
raise the question in Dearie v. Hall; the doctrine of 
which case is shortly this : that where a person has an 
equitable interest of such a nature that he cannot make 
out a title at all, without shewing that the legal title is 
outstanding in a trustee, every one dealing with that ^ 
interest is bound to inform the trustee of his dealii^K^v' 
in order that parties to whom it may subsei^^uemybfr, '; 
offered, may have it in t h eir power to ascertam ] 



:m 



* Back ef theie estates wm ^ievised to traitew, m i 
£. Whitworth; but, in loch a nuuiner, that the trust te j^ 
cuted as a use by the statute. 



%. 



■^' 



j«/^? 



62 



THE JURIST. 



istinff cliaiges upon it. In Jbnef t. Janu^ the title 
which was made out to John Jones was a legal title in 
the Browns themselves; and he was not aware even of 
the mortgage to Jane James. There was no trustee to 
whom he conld give notice. The notice indorsed on 
the settlement by Harris was not notice to any trustee 
of the property; nor was it any effectual protection 
against naud by the Browns; for the settlement might 
£ive been suppressed, or the notice erased, without any 
fear of detection. The Vice-Chancellory however, con- 
sidered that the case fell within the doctrine of Dearie 
T. HdU, if that doctrine could be extended to real 
estate; and he held that it could not be so extended. 
I^ow if, as is inoontestabloy Uie circumstances of Jones 
V. Jones did not raise the question, his Honor's judg- 
ment amounted to a mere extrajudicial dictum ; and 
even as such. Is not entitled to the weu;ht which is in 
most cases justljr attributed to opinions m>m the bench, 
because it bears inUnnal evidence of having been pro- 
nounced under a misapprehension of the veiy doctrine 
which it professes to limit. 

The doctrine of Dearie Y.HaUwaSy no doubt, borrowed 
from the enactments in the Bankrupt Acts against reput- 
ed ownership, (with which, however, it has no necessary 
connection), and hence the frequent reference in the cases 
on that doctrine to personal chattels and choses in action. 
Sir T. Plumer relied very much on the dicta of the com- 
mon law and equity judges in the great bankruptcy case 
of IfyaU V. Botdesy (1 Ves. sen. 371, 1 Atk. 182^. In- 
deed the opportunities for the application of tne doc- 
trine are ot much more firequent occurrence under titles 
to personal than to real property, for the obvious rea- 
son, that merely equitable titles to real estate are not 
common, except in the form of equities of redemption ; 
and then they are often cloaked with a fictitious legal 
title, which excludes the doctrine in question. But in 
cases which have fieurly come within the principle of 
Dearie v. HMy I believe it can be shewn, that the doc- 
trine of that case has aOual^ been held to appfy to real 
estate. 

That there is nothing in the principle of the doctrine 
to confine it to persomd estate, I conceive needs little 
argument. At the conclurion of the argument in Dearie 
v. HaUj Sir T. Plumer^s language was as follows : — 
'* The plaintiffs had been negli^nt, and, in consequence 
of their negligence, third parties had been involved in 
transactions which conld not have taken place, if the 
first purchasers, by omitting to communicate their 
claims to the legal owners of the fund, had not put it 
out of the power of those legal owners, though acting 
with perfect fumess and honesty, to renresent to the 
subsequent purchaser the true state ot the circum- 
stances. Wnere a purchaser, by his negligence, places 
a subsequent purchaser who has acted with all due cau- 
tion, in such a situation that loss must &11 either upon 
the one or the other, he who has been in de&ult, and 
has caused the mischief, ought not to be saved harmless 
at the expense of an innocent party." 

These are equitable reasons of the most general ap- 
pdication that can be imagined ; and cannot, on any ra- 
tional ground, be confined to one particular species of 
property. In his subsequent judgment. Sir T. Plumer 
enlarged upon this topic, and mainly relied on it in sup- 
port of his decision ; at the same time introducing the 
notion, which has since been so much insisted on, or com- 
pleting the equitable title. But I prefer Quoting the 
concise summary of the grounds of Sir T. Plumer's 
judgment, ffiven by Lord Lyndhurst in the House of 
Lords, (in tne case of Foster v. Cockerelly 3 CI. & Fin. 
475) : ** The reason on which his Honor adopted that 
principle, as the rule for his decision, seems to have been, 
that, if a contrary doctrine was allowed to prevail, it 
would enable a cestui que trust to commit a fraud by en- 
abling him to assign his interest, first to one, and then to 
A second incombxaacer ; (ind perbapsi indeed, to a great 



many more ; and these latter incumbrancers would have 
no opportunity of ascertaining, by any communication 
with the trustees, whether or not there had been a prior 
assignment of the interest on the security of which they 
were relying for provision for their chums. Another 
principle acted upon by the Master of the Rolls was, 
that a party, till he gave notice to the trustees, had not 
done every thinp; that was necessary to complete his title. 
I fully agree with that principle. In a case of this sort, 
it is necessary that a party, claiming advantage from a 
title, should do every thing that is requisite to complete 
that title, before he sets up a claim in respect of it. The 
Master of the Rolls was also of opinion, that the trus- 
tees themselves were entitled to notice on their own ac- 
count ; and that, till notice was given to the trustees, they 
did not, in fisict^ become trustees for the aso^ee.*' 

So fiur from these grounds pointing exclurively at per- 
sonal property, they have a more especial reference to 
the old established maxims of the law. in regard to 
realty. What is the object proposed by the rule ? Pub- 
licity and the prevention of secret alienations. And 
what but that same end was contemplated in the old 
feudal requisites of livery of seimn and entry, or at- 
tommenty as essential to the transfer of every interest 
in land ? At the common law no title to real propertj 
could be completed without the knowledge of eveiy 
party concerned in interest. What is the foundation of 
the whole doctrine of getting in outstanding terms, but 
this very notion of ** completing the title t" If you 
purchase an estate and take an assignment of an out- 
standing term, you appropriate the benefit of it. If 
you miSce the old trustee a party to your convej'auce, 
you equally appropriate the benefit of it; but, if vou 
merelv declare m your conveyance that all terms shall 
attend your estate, and have no dealings with the trus- 
tees of them, you giun no advantage over a later claim- 
ant. The term must he got in in some sense^ said Lord 
Eldon, in Maundrell v. Mamdrell, ( 10 Yes. 271 )> either 
by taking an assignment, makinp the trustee a party to 
tne instrument^ or taking possesswn of the deed creating 
the term. If theae means are sufficient, as Lord Eldon 
has repeatedly laid it down that they are, to entitle a 
purchaser to the benefit of an outstanding legal estate, 
which he does not clothe himself wUhy the very point, as 
it seems to me, is determined; and we may assert, on 
the authority of Lord Eldon, that an equitable incum- 
brancer on real estate may, by merely giving notice 
to a trustee of the legal estate, gain priority over a for- 
mer incumbrancer who has ne^ected to do so, and of 
whose charge neither party has any notice. 

The language of Sir J. Wigram, V. C, in'his recent 
and elaborate judgment in the case of Meux v. Bell^ (1 
Hare, 83 ; 6 Jur. 128), although, with that caution which 
always accompanies great judicial abilities, his Honor 
carerally follows the language of former authorities, 
seems to be strongly coimrmatoiy of this view. The 
question being, in what manner the notice should he 
given, his Honor observed, **If the trustee has actual 
knowledge at the time the transaction takes P^^ ^ 
have always understood the principle of law to be, that 
what a man knows for one purpose he knows for all; 
and you do not inquire whether he learnt it in one char- 
acter or in another." And with reference to the case of 
Timson v. Eamsbottom^ (2 Kee. 85), where Lord Lang- 
dale, M. R., held that notice to one of two executors 
was insufficient as against an incumbrancer who took 
his charge after the death of that executor ; although, m 
Smith V. Smith, (2 C. & M. 231), notice to one of two 
trustees, who was living when the second transaction 
took place, was held siuiicient. Sir J. Wig:rani, V. C., 
said, "Having got rid of the technical objectio^ that 
notice to one is notice to all, the question was reduced 
to this : at the time when the second incumbrancer tooK 
his security, was there any person living who had notice 
of the prior incumbrance bdng created r Again^ ^'^\ 



THE JURIST. 



68 



nason why notioe to one has been held saffident ii^ be- 
came noUunff lesB than inquiry of all the tnutees would 
aatieff a piiident inquirer." Nothing can be more op- 
poeM thim this to the notion that there is anv technical 
efficacy in tlnu ^completing the title" to a rand, inde- 
pcBdenily of the equitable merit of protecting after- 
eomcn. If there are three trustees, X., Y. and Z., and 
A. gives notioe to X^ and then B., a second incnm- 
'baacer, gives notice to Y. and Z., it is clear, upon the 
authorities^ that B. would be postponed, although he 
had done more towards ** completing his title" th«i A. 

I am not aware of any cases antmdent to Dearie v. 
IfaU that are opposed to the extennon of the doctrine 
to real estate ; out if any such could be found, they 
woold not, I oonoeiVe, be admissible as authorities at the 
present day ; because the doctrine, even as to personalty, 
was neivcr reooffnised, until Sir T. Flumer established it 
in that CBR. In WriffJU r. Lord Darcketter^ (3 Russ. 
492^, Lord Eldon thought the point too doubtnil to be 
decided on an interlocutoiy application. In Cocper r. 
Jjmmofty (3 Rnss. 60), Sir T. Flumer himself actually 
decided against the claim of a party who had given no- 
tice to the trustees of a personal fund ; and in ToyrvilU 
r.JfaM^ (3 P. W. 307), Lord Talbot also decided in 
direct opposition to what b now the law. In the last- 
mentlonea case, one of two executors, who was also re- 
Bdasiy legatee, assigned a part of his legacy to A., and 
then assigned the whole of his interest to his co-execu- 
tor, who Aad no notice of the prior disposition. Lord 
Taihat held that A. had priority, although it ia now 
sittled thaty where the alienee of the fund is also one of 
the tnisteea, no further notice is necessary; (Ex parte 
Smmiy 2 Mont. & Avr. 60) ; but, on the other hand, if 
the owner of the fund is one of the trustees, the notice 
winch As has is ineflfectual. {ExparUM^T^rk^QJAont. 
&AyT.l). 

The esse of Peacock v. Bwiy before Lord Cottenham 
vhcn Master of the Rolls, (13 Law J. 35), has been 
cited oo both sides of the question, although I cannot 
see that it throws much light on either. £i that case, 
k, made a legal mortoage to B. ; he then mortoaged to 

C, who had notice of B.'s mortgage, and gave nim no- 
tice of her own. LasUy, A. obtained an Mvance from 

D. on the secority of the estate, D. paying off B., and 
taking a conveyance of the legal estate from him, with- 
out being informed of C.*s chaige. The question was, 
not wiietner B. should be answerable to C. for conceal- 
ing her claim, but whether D. could be deprived of the 
Imefit of the actual legal estate ; and the Master of the 
Rolls of coarse held tnat he could not. " The third 
mortgagee," said that distinguished judge, ^^ who is, to 
all intents and purposes, a purchaser for valuable consi- 
dcsation, being witnout notioe, is entitled to the full be- 
n^ c€ his kml rights and remedies. It has been sup- 
posed, that the cases of Dearie v. HdU^ &c., determine 
the pmnt; but, in in^ opinion, the decision in these 
cases p r o cee ded on difierent principles ; they merely de- 
cided, that, as between parties having equities only, 
be ivho first g^ves notice obtains priority ; and this is 
appsRBi when we look at the grounds on which those 
cases were decided. Sir T. Flumer proceeded on the 
principle^ that it was not possible to transfer the legal 
inierest; and that, whenever it is intended to complete 
tile transfer of a chose in action, there is a mode of deal- 
ing with it which a court of equity considers tanta- 
mount to poflsession, namel;jv notice given to the legal 
depositary of the &nd. * The question here is,' says 
his Honor, ' not which assignment is first in date, but 
whether there is not, on the' port of Hall, a better title 
to call for the legal estate,' [almost the very words used 
by Lord Eldon, with reference to real estate]. So, a^in, 
£>rd Lyndhurst, in affirming the judgment of Sir T. 
Flumer, states, as a reason for coming to the same con- 
duaoi^ that the act of giving the trustee notice was, in 
a eotam degree, taking (KMsesaion of the fund; and that 



it was going as fiv towards equitable possession as it was 
possible to go. iSb thai thoie eoMf, at for ae <i^ ajp^y 
are mtv tHrong deoiiioni m fantmr of D.; for Uiey de- 
cide, that a second incumbrancer without notice, hav* 
ing obtained a quasi le^ title in a chose in action, gains 
a priority over the pnor incumbrancer. Here D. has 
the actual legal estate." The point in Peaooeh v. Bwri 
was different fiwm that in DoaAe v. HaH^ &c. ; but how 
could those cases be in fiivour of D.'s daim, if the prin- 
ciples of equity as to personal choses did not apply to 
real estate i If those cases were inapplicable to real es- 
tate, would not the Master of the Bolls have said so, in- 
stead of striving to distinguish the circumstances from 
those before himi An equitable title to land is just as 
much a chose in action as an equitable title to money. 
In FotH/er v. CociereH, the rule was applied to a fund 
chaiged on real estate ; so that the doctrine in Jomee v. 
JbiMffmust be carried to thb extent,— that, if an equita- 
ble owner mortgages to A. and then to B., B. can geia 
no priority by giving notice ; but if A. mortgages his 
charge (which is personalty) to C, and then to D., C. 
may be postponed hy D.'s notice, and yet the property 
in question m both cases is identical! 

It only remains to examine the aiguments of the 
Vice-Chancellor in Jotus v. Jones, as they are to be 
coUected from the report. His Honor b reported to have 
said, that, according to Peacock v. Bwiy the notice in 
that case was of no value. Now, it is evident that Lord 
Cottenham did consider Uie notice to be of value, but of 
less value than the actual lc«al estate. His Honor then 
cited the observation of Lord Eldon in Hiem v. MHIl, (13 
Yes. 114), that, ^ There is a marked distinction between 
a real estate and a personal chattel. The latter is held by 
posaession, a real estate, by title." But that remark was 
merely made to shew, that a vendor's possession of an 
estate should not induce a purchaser to shut his eyes to 
circumstances^ such as the absence of the deeds, which 
might lead to a discovery of outstanding rights ; although 
the possession of a personal chattel is a good primi ni- 
cie tide. But what has this to do with equitaole tities, 
where there is no possesrion ? PHct v. BMuetty (2 Vem. 
726); Beckm v. Cordl^, (1 B. C. C. 363); EeaiM v. 
Biekneli, (6 Yes. 174); Martmeat v. Cooper, (2 Russ. 
214), and the other cases of that class, where the neglect 
of leaving the titie deeds in the hands of the mortgagor, 
unaccompanied by any fraudulent intention, was held 
insufficient to postpone a mortgagee, were all cases where 
the mortffagee had the iegal estate*; and, besides, are 
not a little sliaken by the decision in WkUbread v. Jor^ 
dan, ^2 You. & C. 303). In the only case where the 

aueation arose between merely efmUaMe incnmbrancera, 
lie party neglecting to secure the deeds toev postponed, 
although no fnmd was imputed to him. {Skmkope v. 
Earl Venuy, 2 Edem 81 j Butl. n. Co. Litt. 280. b.). 

Upon the whole, I believe it will be found that this 
Question, if not actually concluded by authority against 
tne dictum in Jotus v. Jones, is at least not settled the 
other way; and, therefore, until it shall be so deter- 
mined, prudence, as well as an honest wish to prevent 
fraud, will dictate the propriety of giving^ notice in every 
case of an incumbrance upon an equitable interest, 
without regard to its nature. The caution given by 
Sir T. Plumer in the principal case should not be for- 
irotten: << A solicitor neglecting to ffive notice, would 
find it difficult to make out that he had not become re- 
sponsible to his client." 

I trust that the importance of the subject will be an 
excuse for the length of tliis communication, and am. 
Sir, &C. G. S. 



* " The question here/' aaid Sir T, Plumer^ in Dearie v. 
Ha//, " ii not, as in JSvafwv.BJeAne//, whether s Court of Eonity 
is to deprive the phdntiiBi of any right ; whether it is taken from 
them, for instance, a l^gal estate, or to impoae any chaige upon 
them. It la aimplj whether thej are entitled to rdief agahist 
their own negUgenoe." 



84 



THE JURIST. 



Impniiil !|M^>Ment. 



It appeared dovbtfol, by a reoobft deoWon <lf ft 
QaMn'8 Bench, whether magiitrtlefl had m jur 
interfere between Aastera and apprentioait where i 



HOUSE OF LORDS. 
Monday, F^k. 21. 
Lord Campbell postponed his Bill for iomnmxig the Appel- 
late Jurisdiction of the House of Lords, till Tuesday, the lit 
of March. _ 

HOUSE OF COMMONS. 

Monday, Feb, 21. 
On the motion of Mr. Godson, the Copyright Registration 
Bill was read a second time. The Bill to be committed after 
Easter. 

Sir James Graham manA tor and obtained lesive to bring in 
a Bill to explain the Law relating to Mastanaad Apprentwes. 

rf the Court of 
' jniisdiotioQ to 
I apprentloas, where no praniom 
had been paid. The object of the Bill woold be to give to 
the magistrates jurisdiction in such cases. 
Thursday, Feb, 24. 
Lord Mahon gave notice of mcCion (for Tliarsday next) for 
leave to bring in a Bill relative to the Law of Copyright^ iriiidh 
would be nearly identical in its provisions with that hnNight 
in in the last Parliament by Seijeant TaUburd. 

LIST OF SHERIFFS, AND THEIR UNDER- 
SHERIFFS AND DEPUTIES^ FOR 1842. 

JBeiybrdshire^Rohai Lindsell, Esq., Fairfield House. 

Undersh., Edward C. Williamson, Esq., L^ton. 

Dep,, Wflliam lindsell, 2, RayiMiid*bnilding8. 
Berkshire — Henry M. Bunbury, Esq., Marlston House. 

Undersh., Charles James Barnes, Esq., Lamboum. 

Deps., Richards & Walker, 29, Linoohi's Inn-fields. 
BffnrieA-ttpon. 7We(f--Ralph Forster, Esq., Sanson SeaL 

Undereh,, R. Weddell, Esq., Berwick. 

Dep,, John Stevenson, S, King*s-Toad. 
Bristol (City ej^— Thomas Jones, Esq., Bristol. 

Undershs,, Hare & Little, Bristol. 

Jhps,, Bridges & Mason, 23, Red Lion*«quai«. 
BueUnf^hamshirs^lelkin Palmer, Esq., Docney Cmtft. 

Undersh,, James James, Eaq«f Ayleslniry. 

Dep., William Meyrick, 4, Foirnival's Inn. 
Camb. 8f Hunts, — John Linton, Esq., Stirtloe, Huntingdoii. 

Undersh,, J. Lawrence, Esq., St. Ives, Huntingdan. 

Deps., Rhodes, Beevor & Lane, 63, Chancery-lane. 
Canterbury fCity of) R. F. Beisdy, Esq., Canterbnry. 

tMLersh., "niomas Wilkinson, Esq., Canterbury. 

Dep., ThoB. Kirk, 10, Symond*s Inn, Chancery-lane. 
€%«»At>e— Edward Davies Davenport, Esd., Capesthome. 

Undersh., John Brayne Hostage, Esq. , Chester. 

Deps., Sharpe, Field & Jaokson, 41, BedUbrd*row. 
Chester (City qf) John Lowe, Esq. 

Undersh., John Finehett Maddock, Esq., Cheater. 

Dsps,, Fhilpot H Son, 3, SonthamptDn-it., Bloona. 
bury. 
Cinque Ports— Hig Grace the Duke of Wellington. 

Undersh., Iliomas Pain, Dovor, Esq. 

Deps,, Egan, Waterman & Wright, 23, Essex-street, 
Strand. 
ComwaU—SiT William Molesworth, Bart. 

Undersh., Philip Moysey Little, Esq., Davenport. 

Deps., Makinson 8t Sanders, 3, Elm.court, Temple. 
Coventry (City <jf; ^Joseph Ford, Esq., Coventry. 

Undershs., Troughton & Lea, Coventry. 

Deps., Austen & Hobson, 4, Raymond-bntldings. 
Ctam6erlaiuf— FretcheviUe L. B. Dykea, Esq., Dovenby Hall. 

Undersh., John Steel, Esq., Coekermontli. 

Dep.f Philip Smith Coxe, 8, Fiimival's Inn. 
Derbyshire-^isjoas Sutton, Esq., Sbardk>w. 

Undersh., John Barber, Esq., Derby. 

Deps., Capes & Stuart, 1 Fidd-court, Oray's Inn. 
/>e»OfwAfre— Emanuel Lousada, Esq., Peak House. 

Undsrsh., Charies Bnitton, Esq. Exeter. 

Dsp., John CUpperton, 17, Bedford -row. 
Itorsef fAtre*— Henry Ker Seyaaer, ISsq., Hanford. 

(Mderoh., Ftancis Smith, Esq., Blandford. 

Dep,, W. Deane, 109, Guildford<«t., Vomffling-liosp. 



E. D. Sbrfto, Esq., WMtaratdi ViaA. 

Ukdenh., W. E. Wooler, Bm}., IHttfaani. 

Dw., H. M. Vaae, 12, Garhon ChaoBbm, BiegoBtit 
£s$§» John F. Fortetcne, Bm}., Writtb Lodge. 

Undarsh,, Robert Bartle^ Esq., ChelMibrd. 

Dsp., T. W. Nelson, 1, New-oourt, Temple. 
Bs^eter (Citv qf^— William Kingdon, Esq., Easetar. 

Vndersh.^ John Daw, Esq., Exeter. 

Deps,, W. & E. Dyne, 61, Lmooln's-inn-fieUs. 
GI6«ee#lertAtrt— Thos. H. Ringscote, Esq., Kingaoote. 

TTm^M^hM J ^- Bloxsome, jun., Esq., Dnrsley. 

•^"•'""••» t John Burnip, Esq., Gloucester, Act U. 

Dtps,, Barttett & Beddome, 27, Nidkotaa-Ume, Lorn- 
bard^sLileet. 
OiomemUr (CUy qf9— J. P. Heane, Em., GUweealBr. 

l^rfsMA., AndKmy G. Joaea, Esq., Qton oaa t er. 

D^., Ridk. A. Goodman, 3, SofOth-M., Gray'a.iBii. 
B ms ^ki rt C eoi g e Henry Ward, Esq., Northwood Hoose. 

Undersh., Woodham H Seagiim, Winchasler. 

Dsps.^ Hicks & Braikeoridge, 16, BardBtt'a4raildiiigk 
Hsr^ordshirs-^. L. Soudamore, Esq., Kent-ohuxch Parte 

Umder^,, Nicholas Lanwame, Eaq., Hereford. 

Dep,^ iohn Simpson, &, FumivaTa^nn.— ^Office horn 
llto4. 
Xr«r{^bTtbil{re— G. G. Morgan, Esq., Brickendonbury. 

Underth., P. Longmore, Esq., Hertford. 

Dtps., Hawkins, Bloxam ft StDcker, 2, New Boi- 
well* court. 
amis. ^ Otm^-^, Linton, Esq., 9tii«oe, Hertindowshifffc 

iMderwh,, John Lawranoe, Beq., St. Ivea. 

Deps., Rhodes, Beevor Bt Lane, 63, Chanoery^sne. 
Jtee^Hcnry Hoare, Esq., Stapleknrat. 

Undersh,, G, Jonathan Ottoiny, Eaq^ Staplehunt. 

Deps,, Palmer, Rranoe & Pelmer, 24, Bedford«row. 
jrii^pf<oii.atfNNi.£rii/^-Samuel1Westenlale,l£aq., Kii«sU»- 
upon- Hull. 

Underth,, Hos. Holden, Esq., Kingston^upon-HalL 

Deps., Hicks & Marris, 5, Gray's-!nn-sq. 
Laneashirs^T. R. W. France, Esq., Rawcliffe Hall. 

Undersh,, J. W. R. Wilson, Esq.. Preston. 

Deps., Wlglesworth, Ridsdale & Craddock, 5,Gray's- 
inn. 
JMeetlarfAtrw.— Jehn B. Story, Esq., Loddngton. 

TTm^^^i, fJ<AA Barber, E«i.,Dcfhy. 

Undershs,, 4^j^ BuAidge, Esq., Leioeater, Act. Ua. 

D^., Capea ft Stuart, 1, Fiald«ct., Gray^inn. 
£Meo/ii«Alra^-4Sir John Nelthorpe, Bait., Scewhy HelL 

^'^•*^*'- { H. Wil^sJBii., Lin^, Act. Und. 

Deps., Dyneley, Coverdale ft Lee, 4, Bedford-row. 
lAneoln (City q^— Michael Penistan, Esq., Lincoln. 

Undersh., Richard Mason, Esq., jLina>ln. 

Deps., Willis, Bower ft Willis, 6, Tokenhouse-yard. 
Uttkfield (City q/^-'WiIliam Vale, Eso., jun., Litchfield. 

Undersh,, George Birch, Esq., Litchfield. 

Deps,, Capes ft Stuart, 1, Field-court, Gray's-um. 
Ltndtm (City q/O— WilHam Magnay, Esq. 

Undersh., John Meek Britten, 1, BaainghaU-strist. 

Dep., Secondaries* qfiee, BasinghaU-atraet. 
JiMd^MKr— Alenmder Rogers, Eaq. 

Umdereh., William Pritdiaid, Esq., 18, Gieefc Knight 
Rider-street. 

Dsps., Measrs. Burchell, 24, Red Lion-equara. 
Momnouthshirs—Johxi Etherington W. Rolls, Esq., Hendre. 

Undersh., James Powles, Esq., Monmouth. 

Deps., Jcnings, Bolton ft Jeninw, 4, Ehn-ct., TempJc 
JVev»»/fo-tfpon.7Vne^John Thomas Carr, Esq., Newcastle- 
upon-Tpe. 

Undersh., R. P. Philipson, Newcastle. 

Dep., Henry Manisty, 3, King's-road. 
Neis^/K-WiUiam Howe Windham, Esq. , FeObrigg. 

{C. W. Unthank, Esq., Norwich. 
Acting Undenherift, Adam, Taytor ft 
Sons, Esqrs., Norwich. 
D^s., Sharpe, Field ft Jackson, 41, Bedford-ioir. 
Norwich (City f^) —William Story, Eaq., Norwich. 
Undersh., Arthur Dalrymple, Esq., Norwich. 
Dep., Francis Thomaa Bircbam, 15, Bedford-row. 
Northamptonshire— The Hon. P. S. Piemmont, Evenley tl»u* 
Undersh., H. P. Markham, Esq., rJorthampton. 
Dep., W. T. Clarke, 30, Gt. Jame8*8t., Bedlbrd-rotr. 



TR& IHRtBT. 



« 



•{; 



^MVvA»y R. LndUclw^ JBm|«, N0iM>ftli»iipMi-Tj^iii» 
», 7, fll^pte-lHi. 
iWiliht, Eiq.» Unton-HaU. 
r Jofaa If Mtin, Biq., 2, Nftwwiqiwt, Lift- 

eolli*84Aiu 
i A. U. J. BMWitar, Eiq., NoCtbgliMi. 
1>9., Geoqp PkfMl WiltoB, 1, Raytaond-biiildiDgt. 
fkmm /TbiMi ^— T. 6. Cuver, Si^m NoUii^gbMD. 
lAwifftA., ChrUtophar Swaan, Esq., NotlingbMii* 
J^^t., H«ltne, liBftiu St Yoanf , 10, N«w4iui. 
'■>frf lull Shswe Pliilli|», Eiq., Cnlham Honatw 
CMtf«4., 8. CooMT, &»4., Heiile^-apoii-HuimM. 
JDl^., OmtIm hAtlBf, 52, Liooobi'i-iiiii.fidds. 
JMb nVM ^— Hmot Moorinff iUdridge, £iq. 

tWifyvAt., CuTcQe 3t Boteld, 19, Soathampton.bdgi. 
Di^., CaiPttlje & finfield, 19, Southampton-baUdiiigtk 
J hrfib B rf i*ii» Rkjurd Wettbrook Baker, £sq., Cotteamore. 
CaicrvA., ft. N. Thompson, Esq., Stamford. 
.B9»^^ClDWte & Wedlakfev 10, KikigVbe&cli-walk. 
Utt-^ntnirf Juitice, Eao., RinatocV. 

f Creiftwell Pigot, Eaq., Market Drajton. 
' \ A. TJ. Job. J. IMe, Esq., Shrewsbury. 
Dtp^^ Albia & Beikbow, 1 , Stone-M^, Lincoln's-ina. 
ft fa Vt IU<>ert CWlea Ttadway, Esq., Wells. 
Vkiiitk .^ Edward Coles, Esq., Taunton. 
IKqM., W. & E. Dyne, 61, LuioohiVinn.fSelda. 
^am nUm q^^-^. Abrahan, Eaq., Southmmpton. 
i^tdenk^ ftiolMtfd BlaMhaid* Esq., Southampton. 
JkP^f Thnm h Cbobnrisgr, 21, W«rw]di.«lnai, Se- 

A^bnMi^^^>>Iohaf!hr»rda Piensy, Esq., Wsrley HalL 

VmdenMg^ Keen it Hand, Stafford. 

lljpt.. White & Eyre, ll» Bedford-row. 
H-fi<ht«rA Bridgman, Esq.. Coney Weston. 

ghrf l i r sJ I., Sivrley Kum, Eso., IiworCh. 

*" .•lltonas Henry Dixon, 5, New BosweU-conrt. 
Mrles BardsT, £sq.> Bttry-hfll. 

Vrndmrwh., Charloi T. Abbott, Esq., d, New^nn. 

fi^|»a., Jenkins & Abbott, 8, New-inn. 

-4aeokg« Wyndham. Esq., Betworth. 

tMersA., Chailes Mnrray, Esq., t^etworth. 

Z^. Mimer, Fraaoe & Palmer, 24, Bedford-row. 
iciailtre-^ohn Little, Esq., Newbold Paoey. 

VmUnk., C. Woodcock, Esq., Corentxr. 

Dqm.. R. M. k C. Baxter, 48, Linooln^i Inn-fields. 
fffeUMJi I kN J-— Hie Earl of Thanet. 



t^i^ertA., John Reelis, Jan., Esq., Appleby. 
i>qp., George Monnacy Gray, 9, Staple-inn. 
r»^9k«derid[ Wm. Booke, Esq., Lackham Hoase. 
tUtrsA., William Edmnnd Tng^ll, Esq., Devises* 
i>qs».« BiUier, Lewis & HilHer, 6, Raymond^bdgs. 
ITsnMerwJUre— Edward HoUsnd, Esq., Lenchwick. 



r B. & H. Workman, Eyeaham. 



I A. U., Gillam & Son, W^oroester. 

Diqpt., Blower it Tixard, 61, Lincoln's Inn-fields. 
Wwnttitr (XfUy ^->John Lilly, Esq. 

VmUrtk,, Edward CorleSfEsq., Worcester. 

1kp9,t Becke & Flower, 7, Lincoln^s Inn-fields. 
rsrlslin WSBiam St. ^nintm, Esq., Scampston-hall. 



{Alfred Simpson, Esq., Malton. 
A.u.,r -- - 



y Geo. H. Seymour, Esq., York. 
Dtpt.f Williamson 8e Hill, 4, Vemlam-buildings. 
ftrt ffStty ^— Bobert Tonge Horsley, Esq., York. 
fa^fvA., Luke lliompson, Esq., York. 
A^.y dmries Lever, 10, King s-road, Bedford-row. 

NORTH WALES. 

I SsEndefwm, Esq., Aberbraint. 
C^MH^sw., Owen Owen, Esq., Gadlys, near Beaunansi 
"^ L, Otpes & Stuart, 1, Field^court, Gray's Inn. 

Ife-^JcAin Grifiith Watkins, Esq., Plus Lknfidr. 
C^slsfvA., pMMe & Powell, Carnarvon. 
Ai^«, ^MikiBs fr Abbott, 8, New»inn. 
2)M%JI«ilire— Thomas M. Williams, Esq., I^mbedw Hall. 
PfciijitA.^ Chcries Walter Wyatt, Esq., St. Asaph. 
Jm^, WuBBtti DusB, 16, B iB eK - strcet , Strand, 
u M— Td Drnock, £^., Penley Hall, EUesmsve. 
>*IhB Hon. TfaMBss Pryce Lloyd, MoolMs. 
I h Breese, PwllheU. 



JMiil|^9iiifi^sAiri BIr J. R» KyMSton, Bait., Hardwibk nsBi 
(_ A« u., josepn jones, issq., wempooi. 



I Esq. , Oawsstrr. 
MS, Esq., WeMr 
^., William Dein, 16,'BaBex-8tnel, Strand. 

SOUTH WALES. 
UrteonsAirs— Howd Jones Williams, Esq., Coity Mawr. 

IfndisfwA., Henry, Maybery, Eaq,, Brecon. 

Dep9.t Gregorv & Son, 12, Clement's-inn, Strand* 
Gmrii§mH»hir€^Ynx^ David Saunders, Esq., Tymawr. 

XJnd^nh,, Fred. R. Roberto, Esq., Aberystwyth. 

Agw., Hawkins, Bloxam & Stocker, 2, New Bos- 
well-oourt. 
Cmrmmtthm (Bmnrngh qi9-- Bern. Jones, Esq., Csrmsrtiien. 

{/niferiA., R. E. Jones, Esq., Carmarthen. 

JD^., Henry Charles Cbilton|, 7, Chanoery-laaa. 
Csnnari AMsAtre-'WilHam Phillips, fesq., Wsyngroo. 

Umdtnh.^ Lewis Morris, Esq., Carmarthen. 

Dtp.i Henry Charles Chilton, 7, Chancery-lane, 
GfflMOfysiwAtre— Henry Lucas, Esq., Uplands. 

Vndenh.f John Gwyn Jeffreys, Esq., Swansea. 

Dtpt.f Holme, Loitns & Young, 10, New-inn. 
PMiiroAMAtfv— Robt. Fredk. Gower, Esq., Glandofcn. 

Undersk,^ WiOiun Amlot, Esq., Cardigan. 

D^., R. Nation, 23, Someraet-st., Portman-sq, 
AmTfiOfvAirs— David Oliver, Esq., Rhydoldog. 

UndiTEk., Richard Banks, Esq., Kingston. 

DijK, Henry Hammond, 16, Fumival's*inn. 

%*> Warranta are granted fai Town for aU plaoes exoeot Ber- 
wlok-«pon-Twead, Canterbury, CinqnePotts, Durham, Exeter, 
Glouoestarshira, Kingston-apon-Hull, Laocashira, linooln, 
Norwich, eouthamplM, and the Wdsh Conntftes. 

r ' I I 

lonlion (Eajems* 

TUESDAY, FsBRtJAKY 22. 
DECLARATIONS OF INSOLVENCY. 

EDWARD RAWLINSON, Lancaster, share broker snd mo- 
ney scrivener. 

WILLIAM HOLMES, Fridsy-st.,Cheapside, silk gause mm- 
nufacturer. 

SAMUEL LEWIS LAZARUS, Jermyn-st., Westminster, 
cosch proprietor and horse dealer. 

RICHARD FROST BURTON, Hackney-wharf, Cambridge- 
heath, coal merchant and lime burner. 
BANKRUPTS. 

I08HUA DARWIN GANDER, Brydges-st, Covent-gar. 
deft, vtetui^er, Mareh 3 at 2, and April 5 at I, Court of 
Bnnkruptey: Off. Ass. PMinellt Sols. H«athoole ft Hoi* 
man, 47, Colemun.st.-^Fiat dated Feb. 16. 

JOHN SMITH, Blenhtim-st., Bond-It., miUteer, March Sat 
I, and April 5 at 12, Court of Bankruptcy : Off. Ass. Bel- 
eher: Sol. Stephen, 4, Sklnners'-plaoe, Siee-lane. — Fiat 
dated Feb. 21. 

JAMES COCKBURN, New Broad-st., merchant, Mardi 4 
and April 5 at 11^ Court of Bankruptcy: Off. Ass. Tnr- 
quand; Sols. Wylde & Co., 21, CoUege-hill, Queen-street, 
CheapBide.— Fiat dated Feb. 21. 

GEORGE DONALDSON, P^-mall, wutchmak«r and jew- 
eller, March 9 at 2, and April & at 1 1 , Court of Bankruptcy : 
Off. Ass. Jobnton ; Sol. Dndce, Bouverie-st., Fleet-st. — ^Fiat 
dated Feb. 17. 

CHARLES VANDERGUCHT, Quadrant, Regent-st., silk 
neraer, Msrc^ 8 at half-past I, and April 5 at 11, Court of 
Banlmiptcy : Off. Ass. Groom ; Sol. Hogurd, Paternoster- 
fow.^Fiat dated Feb. 10. 

JOHN PARKES HOPE, Atherstone, Warwickshire, bull, 
der. Marsh 4, Bulh Inn, Nuneaton, and April 5, Three 
T^ Inn, Atherstone, at 12 each day : Sols. Baxter, Atlier- 
stoM ; R. M. and C. Baxter, 48, Ltncf^'s-inn-fields.— Fist 
dated Jan. 28. 

JOSEPH BANKS and JOSEPH BURGESS, Manchester, 
drapers, Msreh 10 and April 5 at 12, Commissioners' -rooms, 
Msnohestert Sols. Barrett & Co., Manchester; Willis it 
Co., 6, Tokenhonse-yard.— 'Fist dated Jan. 28. 

JOHN DAVIES, Liverpool, oil merchant, drysalter, salt- 
petre refiner, and merchant, March 16 end April 5 at 1, Cla^* 
rendon-rooms, Liverpool : Sols. Holden & Clarke, Liver- 
pool } WalMsleyA Co., Cha]icei7-lMie.-^Mt dated Feb. 17. 



66 



THE JURIST. 



JOHN PARSONS, Pleaslej-hiU, Mansfield, Nottmgham- 
shire, maltoter, March 2 and April 5 at 12, George the 
Fourth Inn, Nottingham : Sola. Parsons & Benn, Mansfield, 
Nottinghamshire s Deane, 61, Linooki's-iDn-fields. — Fiat 
date Feb. 4. 

JOHN M*L£AN, Iiiverpool, merchant and commission agent, 
March 12 and April 5 at 2, Commissioners' -rooms, Man- 
Chester: Sols. Holden & Clarice, Uverpool; Walmsley & 
Co., Chanoerj-lane. — Fiat dated Jan. 28. 

SETH FLITCROFT, lirerpool, ironmonger and store grate 
mannfkctorer, March 4 and April 5 at 1, Clarendon-rooms, 
Liyerpool: Sols. Hoole & Marples, Sheffield; Tattershall, 
9, Great James-st, Bedford-row.— Fiat dated Feb. 18. 

EDWARD HARPER, Steeple Claydon, Bockinghamshire, 
and Bicester, Oxfordshire, grocer and draper, March 8 and 
April 5 at 10, George Inn, Aylesbury, Bucldnghamshire : 
Sol. Aplin, Banbury.— Fiat dated Feb. 11 

JOHN rILLING, Lancaster, innkeeper, March 9 and April 
5 at 1, Royal Oak Inn, Lancaster : Sols. Buckhurst & Son, 
Preston ; Mayhew ft Co., 26, Carey-st., linooln's-inn.— 
Fiat dated Feb. 14. 

MSSTIMGB. 

/. 8. Xkiintfy and /. Myle, Manchester, bankers, March 18 
at 12, Macclesfield Arms Hotel, Macclesfield, pr. d.--WUiiam 
Joneg, Camarron, currier, March 5 at 12, Castle Hotel, Car- 
narvon, pr. d. — Wm, Glover, Bristol, dealer and chapman, 
March 18 at 12, Commercial-rooms, Bristol, ch. ass.— Jb^ 
Break and Thot, Brook, Stourbridge, Worcestershire, drapers, 
March 3 at 12, Court of Bankrupt^, last ex.— 7%o«. F. Bailt, 
Vassall-road, Brixton, andVauxhaU-road, Lunbeth, coach and 
omnibus proprietor, March 8 at 1, Court of Bankruptcy, last 
ex. — R. H, Ooddard, Wood-st., Cheapside, fringe-maker, 
March 4 at 1, Court of Bankruptcy, last ex.— FF. WUiianu, 
Cowame, Herefordshire, corn-dealer, March 14 at 11, Black 
Swan Inn, Hereford, last ex. : April 16 at 11, aud.ac. ; at 12, 
diT. — P. Willmott, Blackfiriars-road, linen draper, March 17 
at 11, Court of Bankruptcy, and. ac. — H. C. Carter, Sussex- 
terrace, Hammersmith, carpenter, March 17 at half-past 11, 
Court of Bankruptcy, and. ac. and dir.— YTm. N<uh, Budge- 
row, tea-dealer, Mardi 17 at 1, Court of Bankruptcy, and. ac. 
and diT. — Robert Robertt, Gower-st. North, wine merchant, 
March 17 at 12, Court of Bankruptcy, and. ac. — Robert 
Alexander, Great Coram-street, Brunswick-sq., bookseller, 
March 17 at 2, Court of Bankruptcy, and. ac. and fin. div. — 
AuguituM Bohtf, Sackville-street, Piccadilly, tailor, March 16 
at 11, Court of Bankruptcy, aud. ac. — TAomae WhUerboum, 
London Hotel, Albemarle-street, PiocadiUy, tavern-keeper, 
March 16 at 11, Court of Bankruptcy, and. bc,— Leopold 
Neumegen, Highgate, bookseller, March 16 at 12, Court of 
Bankruptcy, and. ac. — Geo. Taylor, Manchester, steam en- 
gine manufacturer, March 24 at 10, Commissioners' -rooms, 
Manchester, div. ; at 11. aud. ac.— iZ. W, Robhuon, sen., and 
Robt, W, Robituon, jun., Bedford, grocers, March 22 at 10, 
George Inn, Bedford, aud. ac.— Geo. Turner, Fdtham, Mid- 
dlesex, and Cole-st., Trinity-sq., Newington, Surrey, compo- 
sition candle-makers, Ma^h 17 at half-past 12, Court of 
Bankruptcy, fin. diT.— /m. Niekolion, Southampton-court, 
carpet-oag-manu&cturer, March 17 at half-past 1, Court of 
Bankrupts, fin. diT.— 7%oinae Iredale Woodin, New-cut, 
Lambeui, Surrey, Tictualler, March 15 at 12, Court of Bank- 
ruptcy, diT.— /or. Overton, Queen-street, Grosrenor-square, 
coach and harness-plater, March 18 at 12, Court of Bank- 
ruptcy, diT. — Wm. M, Nobbe, Munday's Hotel, Maiden-lane, 
hotel-keeper, and Upper Seymour-street, Euston-square, che- 
mist, March 16 at 2, Court of Bankruptcy, diT.— TFm. WU* 
Uame, LiTcrpool, and Jamee Jaekeon, Uulme, near Manches- 
ter, timber-dealers, March 23 at 12, aud. ac ; at 1, fin. diT. 
sep. est. of Jae, Jaekeom March 24 at 12, aud. ac. ; at 11, 
dir. joint est. — George 7\irk, Cheltenham, Gloucestershire, 
saddler, April 20 at 12, Royal Hotel, Cheltenham, aud. ac. ; 
at 1, diT.— n/oe. Griffin, Dudley, Worcestershire, upholsterer, 
March 15 at 11, Swan Hotel, WolTcrhampton, aud. ac. ; at 
12, diT.— £<f. Foeter, Sheffield, Yorkshire, grocer, March 18 
at 11, and. ac.; at 1, diT. — Wm, Durrani, Southwick and 
Brighton, Sussex, wharfinger, May 2 at 2, Town-hall, Brigh- 
ton, aud. ac. and diT. — Reuben Ball, OWeston, Gloucester- 
shire, shopkeeper, March 22 at 1, Commercial-rooms, Bristol, 
aud. ac.; at 2, diT. — Qeo. Peach, Northampton, woolstepler, 
March 17 at 12, Goat Inn, Northampton, aud. ac. and fin. diT. 
— John Wileon Green, Dartmouth, DoTonshire, ship-builder, 
March 17 at 12| Royal Hotel, Plymoath, aud. ac ; at 1, dir. 



^-Blixabeth Prvud, Sunderland," Durham, grocer, March 16 
at 11, Homer's Hotel, Sunderland, and. ac. ; at 12, diT.—/. 
B. Osareg, Nottingham, laoe aanu6ctarer» March 16 at 12, 
George the Fourth Inn, Nottingham, aud. ae. ; at 1, diT.-« 
Anthimg CZa/iAam, Friars Goose, Gateshead, Durham, soda- 
manubcturer, March 13 at 11, Bankrupt. Commission-room, 
Newcastle-upon-iyie, and. ac. ; at 12, first and fin. diT. 

CnnpiGATsa to bb allowbd 
Unlme Caiuee eheum to the eontreay, an or More March 15. 

Bdwin TStmer and John Ogden, Leeds, Yorkshire, iron and 
brass-founders— JS<f. 8. Boult and Thai, Addieen^ LiTerpod, 
stock and share-brokers. — Wm. Walker, Mandiester, fustiso- 
manufacturer.-^/oAn Jaektan, Bury, Lancaahire, grocer.— 
Thoe. Ward, East Dereham, Norfolk, plumber.— J. Thmim 
8eatt, Milton, next GraTesend, estate agent. — John Pigg, 
Norwich, carpenter.— C. 8ehqfieldf Kingston-npon-Thancs, 
timber and coal-merchant. 

Scotch SBauBSTEATioira. 

John M, Ruuell, Leith, commission-agent. — 7!lof. T^kom- 
eon, Perth, merchant.— ^/ex. Jahntton and Co,, Edinbuigh, 
coach and harness-makers.— l2o6«rl Hotw/on, Paisley, china 
dealer.— /oAn Mitchell, jun., Blaiigowrie, innkeeper.— Pe^er 
Smelair, luTcrary, fish-dealer.- il/ev. Lmerariig and Co,, 
Glasgow, merchants. — Wm» Grieve, Thomhill, near Ayr, 
fkrmer and cattle-dealer. — Wm. Morrieonf Edhibuigh, iron- 
monger. — Mathew Millar, Airdrie, wright and ooal-deder. 

INSOLVENT DEBTORS. 
8atmrdag, Febnmrg 19, 1843. 
ThefalUming Aeeigneee hone been appoMed. Fwiher Per- 
ticulare mag be learned ai the Q^ee, m Portugal^et., iAn- 
coln'S'inn'Jleldef on giving the Nun^er qfthe Caee, 
Colin Baxter Greenhill, Manor-terrace, North King's-nMul, 
Chelsea, clerk in her Mq'esty's Ordnance Office, No. 47,035 
T. ; Samuel Sturgis, new assignee, in the room of Tbomis 
Peacock, unwilling to act, assignee. — Wm. Stillman, Aston 
nigh Birmingham, schoolmaster, No. 57,433 C. i Beig. Cook, 
assignee.- Clof. Henry Quick f Southampton, pnblicsn, No. 
57,289 C. ; Edward Messum, sen., assignee. — Peter Bgrom, 
Wigan, Lancashire, proTision-shop-keeper, No. 57,904 C. ; 
Thos. Byrom and James Hatton, assignees. — TJkomoi Wregg, 
Sheffield, stonegetter. No. 58,290 C; Thos. Berry, assignee. 
Cha». Waiting, Dorset-street,, Manchestnr-square, derk and 
cashier to a Unen-draper, No. 52,606 T. ; Thomas Dewey, as- 
signee. — Geo. F. Hedger, Bolingbroke-row, Walworth, Sur- 
rey, watchmaker. No. 52,467 T. ; J. StaufTer, aaaignee.— M 
/. Scragge, Brewera-st., Somers'-town, comedian, No. 52,430 
T.; Chas. Jos. Acut, assignee.— JoAn Brawn, Whiteeross- 
street, paper-stainer. No. 52,568 T. ; Ed. B. Lord!, assignee. 
— /oAn Hibbert, Manchester, out of business, No. 57,859 C; 
John Barrett and Saml. Barrett, assignees. — William Murga^ 
troyd, Websey, near Bradford, Yorkshire, out of business, No. 
58,310 C. ; John Wilkinson Moore, assignee.--J7<»ry L. Ca- 
valier, Bartlett's-bdgs., glass-dealer. No. 52,432 T.; John 
Spencer, assigiu^.-Vos. Wood, Hightown, near Leeds, York- 
shire, shopkeeper. No. 58,199 C. ; Thomas Tootal, assignee. 
--Sleazar'P. FUher, Upper Park-plaoe, R^gent's-psrk, 
cheesemonger, No. 52,621 T. ; Ralph Amston, assignee.— 7* 
Peachey, London-road, Soutfawark, linen-draper. No. 52,383 
T. ; John Dearberg, assignee. — Jamee Waltere, Reading, 
Berkshire, brewer, No. 58,597 C. ; Samnel Pooook and Jai. 
Georga Hardy, assignees. 

The following Prieanere are ordered to be brought btfore Ike 
Court, in Portugai^t., on Tueedag, March 15 at 9. 
John CumUngton, GroTC-end-road, St. John's Wood, out of 
business. — Charlotte Georgiana Day, widow, Bayswater, oat 
of business.— Oipen /. Murrell, Wilson-st., Finsbury, dyer.-^ 
Jae. That. Rueeell, Ebury-st., Pinolioo, solicitor.—/. M^ 
Standidge, Commerdal-road, Lambeth, out of business.—'O* 
Atkine, Sussex-st., Holbom, plumber.— VTm. Gibbona, Upper 
North-place, Gray's-inn-rotul, licensed Tictualler.— iT. Mop- 
eey, Middle-roW, Holbom. out of business.— ifdtrA. J'*^; 
Skinner-st., Snow-hill, table coTer manufkctnrer.— 7*. Clavw 
Urry, Blackfriars-road, tea dealer. 

Court'houae, CHBLKSFonn, Beaex, March 15 ai 1 0* 

/. 7%onquon, Foisted, near Dunmow, Uggler,-^0. Hvrveyt 
Leigh, plumber.— Oo/den 8orrell, ATdey, butcher.— iwr«^. 
RawUng, RidgweU, pig jobber.— VTm. Sibley, Ingatestoner 
tailor.- Geo. Chaplin Hawee, Great Waltham, grocer.— /»^f» 
Cro$9f Monntaeflnog, bricklayer.^Jfar^ JfNkfW% Bffimt^ 



TH? JURIST, 



f7 



tvaor.^/#». Maytrw»« C])ciUiui!prdj ba)(^.r-/«Aii idrkby. 





, iMvmi, «#>/^, JterA 17 «# 10. 

IMf IkM^, iwd ■wnhtnt^gpl, JSmT, Aldbonrngh, new 
fcTwififctw, TnaHj pBot.*- Jor. JWVt jBo^, Ipcwicb, fidi- 
. ^A> VWb, jvD., Iptirioli, out of emptoymmit. — /. 

.^0. JWciarrfww, ipswiebt paintor. 

, tetdMT.^&Mu BImMd, Oooold, 

Imt dbcMv.^S^Wff. KnMU9, St NksbolM, 
«ift^tesiiM.-^Jfc|k Jfkllftfl, Mwkttt-fam, Wood- 

Qy^ilf jwiif, ZiAVCAanB Castlb, ^arcA 15 «! 10. 
/«. j|io«b«k MaMbester, painter .—<$«iimK/ Tumt/r, Aim* 
-wEttfai .Qoriofi. S«lford, M^sche^, in 
IF, iv. SMit Hvlme, Mancbeater, oom- 
p-;B9d. IRs^o*, SaXocd, BUokbuni, jcootr.—/. 
Mwcboa tei r, 0Qnu9i«akm «Centc^Vii«Mr 
aw-jw«kt BlaQkbftrn, procer.— /amM Pe//y, 
Ineq/nglk 99^ of biuiness. — Jeu. CS^y, Salford, M«ncbe9ter, 
iiiirfiijifct — CM- fo^er, Liverpoo}, oat of bttsmeps.-^-itieil. 
~ ^, IMck-l|n4(e» MiUi-gf^» and PSckupbank, n«ar Black- 
ofauM^. — {?<4. CMmcJk, Harpurbay, pear Man- 
r, oat OS boi^ietft.— ITiH. /#fW/» Piean^te, Mancbea^, 
bwfdier. — JoMt Skieidg, Manchester, joiqer.— IT. Qoriieit, 
Lnvpoid* l^Mmrer. — Peter ^4if^ Great AnGoats, Mandbea- 
tar, ftof^paa abqpkeqper. 

ftTi AoK f g, PRS8Tojr» X«ic«i4trf » JUarcA 17 a# 10. 

Ri MPBOTQBy spi!l^BeP«*""'7F« X^OMOIIt «nDC9tOl^f 

Stiardmam, Pteeten, bricUayer.— Bra^frAafp 
, Fi oi to n, butcher. — /. JfaMm, Preston, weaver. 

aMfr/r4<»Mif, IMm^cML. fCli/y^. Mmf0h 17 «^ 10. 

. jr. Jfarfiwrr^ loiu, fiatb, in no basfaiaBi. Ciar/g# 
\ , ariotoi* tailDr.^7Aas. ^Toa^ Bristol, saddler..-*- 

Geo. Tbyler, Coraham, St. (jeorge, near Bristol, bacgeowntr. 

— Jste PMey» Bdirtol, tsIlafrGbandler.^-JBoAer^ JfOt/eif, 

llrit^il.liriiaottfactiyer.-r-ZTtog. Afaa^enf, Bostol, bateber. 

-^Vl 4^ Jfarto, CbepstQw, Monn^outlvshire, bniab maker. 

^Meg^ Fidor, Stokes Cra|t, lodgiiig-boiue keeper.*-|{icA. 

<Sii^0|^ St. PbOlips, cabinet maker.^JCs«. Facirell, Nag'a- 
bsndiiin, St.6eoq^» Qloiacc^tersbire, oqngreve matoh mann- 
Mver.— j:4iay !l\i«*cr, Bostol, groc^.— /oAa Hmnkk^i, St. 
3fidad'a, Bristol, carpenter. — ^isn ilees, hipster, Jacob's 
Weil^ QiftoAt ix» 90 trade. -V. JSurhif, Bristol, bnv^ mak^r. 
Sam, Aipeori. I^iDjC Asbton, Som^rsetabire, labourer.— /oAn 
Panbm* Bealceley. Qlooc^tersbice, maltster.—^. Creewicke, 
Brvtol* in ««> tnde. — John Manning , Cbepstow, Monmontb- 
Aire, joiner. — Joeeph Pinpell, St. Pbilip and Jacob, cabinet 
aaMr^-r^^MoA Mrqnifi^ld, Bristol, oledc.--«IFm. Pcwve, 
CSliwv llmdhMndoini, bookbinder.—/. T^ome, Bedpainster, 
mmfa^ — G^. Blmauifi, Bedminster, caq>enter. — J2. JtfoMii 
y iWoW . B«(ft^» acfxnwtant.— Alt. C^ite, Cathay, painter. 
/. MUfpiioas, CoDj;raabiurx, Somersatsbire, bay dealer.— /o^ 
JToif , Bristol, acooontatit.— 5ami««/ ^aU, Bristol, retailer of 
becr.-^glgjwa y ^, Cliftos, retailer pf beer.— ITsi. Peorce, 

Bastolv eafainaft maker .-^-^si^'. Hymne, Bristol, clothes dealer. 

-v-4Sai. nar\Um. Bristol* biiteber.-**r6. J. Ckapman, Bristol, 

|MBAiPoiafk>« <MeR,-^-Var. Gresnlonif, Sistop, GOoucester- 

iNi^ 1%iWar.-^/. & iMAon* Kingsdosm^ oat oC bosinass. 

iKSQJLyvirr Debtors' Dividshss. 
^. Ao^BHUty XfOii^eatt near Poole, Dorset, wheelwright, 
Feb. ^ AJdci^% Poole: 2s. id. in the ponnd.— JToAn JR. 
&mi^, £cig's l^, Norfolk, bookseller. Feb. 23, KeUy's, 
iMaoioslcc-mwi is. lOd. in the poond. — Thoe. Siocibridgef 
■en., Faxton, Cambridgeflbij^e, Feb* 26, Fetch's, Cambridge: 
lOd. ip. tbe poiud» . 

MaiBTui«a* 
- W^ MaBt, Nowavk*«poi|*IFrsot, NottingiwmshiM, Joioap, 
Maid&12ait V, Gaatts ^d Fbleon Inn, Ndwask-npon^Trent, 
ip. alK^-*iMMi vi^fiPf daeeossv, Winytsombe, Rawieigh, Inarcii 
U ft 1^, t^ni|«U ^ Bob^', sp. afr.-/oAi> Le»ier, Ward- 
wiek, Barii»ikiie> bootmalwg, March 15 at 12, Foden's, Leeds, 
^.A-^ApMMf Xbnif, lAverock-bank, Newhayen, near 
fifinfa«ii|^liDMEmtet«W MiddkasR, aeontacy to the ^1 



FRIDAY^ Fsa&UAur ZCi. 
DECUJIATIONS OF l^SOJUVC^MCY. 
JOHN liOCKI^Y, Bttston, Staflbrd, phunbar. 
WILUAM BARNA8, ShineUfib, Durham, «m brink i 

fMtorar. 
FREDS^UOK PRATT, Saredoa^oill, StaflbvdaUM, niUar. 

BANKRUPTS. 
HJBNRY GOUOfSR, Gt. Wincheater^t, mercbtnjt, M^n^i 4 
at 11, and April 8 at half-past 12, Conrt of Bankruptcy: 
Off. ass. Whitmor^; Sols. Simpson & Cobb, Austiuimarf, 
—Fiat dated Feb. 12. 
JOHN DOVEJ^, Tl^ree Cranes Wbaif, merchant, Ifrrch 5 
at half-past 10, and April 8 at 11, Court of Bi^dtruptqr: 
Off. ^9$. Graham; Sol. i^rmstro^g, 8,Staple-inn.:— Hat dated 
Feb. 17. 
THOMAS QUim^LL, Wslthamstow, ^ssez, cattle dealer, 
March 4 at half-past |2i and A,pnl 8 at 11 , Cqurt of Bimk. 
ruptcy: Off. aap. Green,; SoU. Wood & \Jlckham, Cprbet- 
court, Gracecburch-stre^t.^Fiat dated Feb. 24. 
RICHARP LAl^PREXL, Sherborpe^lane, builder, M^rab U 
at I, an4 April 8 at 11, Court qf Bankruptcy: Off. ass. Ed- 
wards: Sol. Sandeil, 22, Breafl-st., Cheap8ide.~J?lat dated 
Feb. ^3. 
JOHN DAVID, Lauriiame, Carmarthenshire, maltster, March 
23 and April 8 at A, Ity Bush Hotel, Carmarthen: Sol«, 
Gwynne, TVnby; Holoombe, 28, Chaneery-hme.—F^t dated 
Feb. 14. 
YERE HARB and JOHN H ARE, Tamitxm, Somenatshira, 
house and estate agoats, painters and glaztera, Match 11 and 
April 8 at 11, Castla Inn, T^snton: Sob. CUUacd & Fleok, 
Bristol; Trenehard, Taunton; Whitaker, €fara^a-iaa-sq.— 
Fiat dated Feb. 21. 
JOSEPH DAKBYNE, Xdipbaigh, laoa dealer, Masdi S sad 
April 8 at 11, George the Fourth Inn, Nottingham; Sols. 
ShUton, Nottingham; Smith, 15, Fomiyal's-inn.— Fiat dated 
Feb. 18. 
JOSEPH BATE, Dudl^, Woroasterahire, inm meccbaat, 
March 9 and April 8 at 11, Swan Hotel, Wolverhampton: 
Sols. Daltoa, DmUay; Cole, 4, Adelphi^tecraoe, Strand.— 
FiatdatedFeb.il. 
JOHN HOLROYD, Wbeatlay, near HaUfcx, Yoskshira, oot- 
ton warp maker. Match lOand April 8 at 1, Comadasloners'- 
rooms, Manchester: Sols. Caistor & Famwosfeh, Manehipter; 
Parry & Co., Temple.— Fiat dated Fab. 5. 
GEOROE DODSON, Boston. Liocplnsbim, wool dealer, 
March 5 and AprU 8 at 12, White Hart Xnn, Spaldiqg: Sols. 
Milliiigton & Kenrick* Boston; Soott, 2)5, Lu[>ooln'a»inn- 
fields^— Jiat dated Feb. 21. 

MusTiv«a, 
fTrnw JBav and Tim. Aay , Gi«Qechnceii-4ft«»Bt» Marah 11 at 
b«]£ipast 1, Court of Bankmptey, pr. d.-V«A» Carruikv^ 
Shappetton, Middlesesr distiller, March 7 at 11, Cowtof Bank- 
ruptcy, cb. UB*7r-4br. Lvfu Betutuan and Joekum BKondOin^ 
Walbrook-bdga., merchants, March 7 at balC-past 10, Const 
of Bankruptcy, last va. ; March 21 at half-past 12, and. ac.— 
/. Jt^eob SeKenckf AddJe-st., merobant, March 1 at II, Const 
of Bankruptcy, last ex. — David Dimm, jua,, GlaiMlywedef 
LknidloeB, Montgomeryshive, flannel sumuf^eturer, March 16 
at 11, Wynnstay Amu Inn, Machynlleth, last ax,^-6. SUi^- 
ment, Oacford-stxeet, hosier, March 18 at 11, Court of Bank- 
ru^tcqr* aud. ae. — Geo. JHckene, Hertibsd, i^;)otb0cary, March 
18 at 1 1» CQWPt of Bankruptcy, aud. ac. and dift.-^. MweAtmx 
Perdval-st., Cleckenw^U^ hardwareman, March .18 athal£*pa«t 

10, Court of Bankruptcy, and. ac. ; at 1 U fin- ^v* — ^* Heikjft 
Sayoy-st, Stzand*.anotioneer, March 2il at 12« Conrtof Baok- 
mptoy, and. ao. — (F.^iSmans, Alderagato*st., booksellers March 
2a at 11, Covrt of Bankruptcy, and. ac.— ^d. Thae. ff^frwtodt 
Stceatham, Surrey, lodging-house keoper, Mfurcdi 21 at half- 
past 11, Court of Bankruptcy, and. ao.— ibfor/^ Siot^t, Laofl* 
end, Staffordshire, draper, March 23 at 12, Gk»be Inn, New« 
castle-under-Lyne, aud. ac.T^GAos.. G/|<a(liQtmp»Clifton, Bristol* 
surgeon, March 22 at 2^ Commercial-rooms, Bristol, and. ao^ 
— Wm* T. H. Phelpet Newport, Monmouthshire, coal mer- 
chant, March 22 at 12, Westgate Inn, Newport, aud. ac-^. 
HeeMt Stourbridge, Woroestershire^ woollen drapes, April 1 at 

11, Vine Inn, Stourbridge, aud. ac. — Sum. Eoans, Eoad, So- 
mersetshire,. ck>thier, June 15 at II, George Inn, Frome S^- 
wood, aud.ac.; at l2, fip. diY.-^tTiji. MarsA^ll and iStwwy 
Modgera, LiTorpol, irqqfo^pfkob March 18 at 12, Clarendon^ 
buildings, W^rpoia, md. ^c.^TMfe. Wt4ef:fieid, Jpqnatftble, 



J 



68 



THE JURIST. 



Bedfordafaire, itnw hat mannfitcturer, March 18 at 1, Court of 
Bankroptey, dir. — John Bobim and Cluu, WUlianu, London- 
wall, carriers, March 19 at 11, Coiut of. Bankmptcy, dir. — 
/•*» Manhdll, Colcheater-itreet, Whitechapel. boiler maker, 
March 18 at 12, Ck>iirt of Bankmptcf , div.— 7)Ioiim« Bed- 
/tnrd, Goawell-atreet, carpenter, March 18 at half-past 12, 
Coort of Bankmptcy, fin. ^r.-^CkrUtopher Mali, Piccadilly, 
npholsterer, March 18 at 1, Coartof Bankroptcy, dir. — AniJk, 
Geo. W. Biddulpk, John Wright^ Henry Robinton, and B. 
W.Jomingham, Henrietta-at., CoTent-garden, bankera, March 
19 at 1, (>>ort of Bankruptcy, diy. joint and sep. est. A, O. 
W. BMm^h and H. BobintOH,'—John 8. Dainiry and John 
ByU, Manchester, bankers, March 21 at 10, Commissioners'- 
rooms, Manchester, pr. d. ; at 11, and. ac. sep. est. /. BifU. 
^~Oeo. La»t, Birmingham, general merchant, March 21 at 12, 
Waterloo-rooms, Birmingham, and. ac. ; at 1, dir. — Wm, 
fforttutU, Dorer, Kent, carpenter, April 11 at 11, Shakes- 
peare's Hotel, Dorer, and. ac. ; at 12, dir. — Naihan Lither^ 
limd, Lirerpool, merdiant, March 19 at 1, Clarendon-rooms, 
lirerpool, and. ac. ; at 2, dir.—/. G. Bond^ Great Yarmouth, 
Norfolk, draper, March 23 at 11, StarTaTem, Great Yar- 
mouth, and. ac.; at 12, diy.-^W.' Parker, Hockley, NoU 
tinghamahire, grocer, March 17 at 11, George the Foura Inn, 
Nottingham, and. ac. ; at 1, dir. 

CBmnricATKS to bx allowsd, 
UtUme Guise ehewn to the eomirmT/t m 9r b^on Meareh 18. 

Arbuthnot Bmereon, Brookfield, Shankhill, and Belftst, An- 
trim, and EnniakHlen, Fermanagh, Irdand, distiller.— SHtof. 
Bwrbey and Jamee Loe, Portsmouth, bankers.— 7*Aof. Potte, 
Birmingham, metallic tube maker. — JD. B, jSmUh and J, W, 
Smiihf Alton, StallMshire, paper manufcctnrers.— If. Mw^ 
ehail, CheirMi^^na, Somersetshire, money scrivener. — Thoe. 
KUehenoTf Anmdiri-st., Corentry-st, engraver.-*/. TVrtoy, 
Manchester, tailor. . 

Fiats Ankullsd. 

Thomuu Scmdamore, Burmingham, chemist.—/. 8, Need' 
JkuM, Hiaddey, Leioesterriiire, banker. 

Scotch SnavsmATioNs. 

Cfroj^ and Co., Bdlnburgh, grocers. — Jmnee Qreig and Cb., 
Perth, mefchantB. — Henry if Pteteher, Glasgow, wood mer- 
chants. Jmmtfe MhniOeee^ Aberdeen, merchant.— /oAn MwT' 
rof^ Aberdeen, watRhmaker.— /mwet Crtn rf ord, Kingston of 
Glasgow, bttildier. 

INSOLVENT DEBTORS. 
ThefoUowbiff Pr iaone r e are ordered to be brought up ftf^brs 

the Courts m Portugal^,, on Monday, March 21 ai 9. 

J fifsi e l BiMcUdr, Lower Chapman-st., Cannon-st.-road, 
St. George's in the East, widow, out of business.— /osqiA 
Ooumdrg^ Kingston-npon-Tbames, Surrer, grocer.— Henry 
Butimmn, Great Sntton-st, Clerkenwell, milkman.— /onifff W. 
WaUmtk, Somer's-plaoe, Cambridge-sq., Hyde-park, oome- 
dlsn. — Jokn Sieig, Grove-road, Mile-end-road, out of busi- 
ness.— /oAii itaiiyeeni^, Alfred-place, Old Kent-road, con- 
itiMe.- JRicA. Heneeeg, Drnry-court, St.' Mary-le-Strand, 
printer*— 7ilofM«r Bother, Drury-lane, greengrocer.— G«or^e 
^ev, Loag-lane, West Smithileld, labourer.— Hii^A Jamee, 
City-road, master mariner. 

Court'houee, Lancastsb CastlSi March 15 at 10. 

Jamee Beadlee, Manchester, commission agent. 

Court'houee, Horsham, Sueeex, March 18 dtf 10. 

Bdw. Parker Durrani, Brighton, auctioneer. — Saul Chae, 
Aaron, Brighton, auctioneer. — Henry Loxley, Horsham, out 
of business. — Charlee Carpenter, Worthing, lodging house- 
keeper. — Onee^horue Paui, Forest-row, near East Grinstead, 
plumber. — Wm. Alfred Latter, Lamberhurst, brick-maker. — 
Thomae WaWngton, Selsey, near Chichester, surgeon.— JS/ir. 
Hammond, Lambeihurst, innkeeper. — Aeaph Shano, Lewes, 
huckster.— TFttfiom AUm, Linfield, farmer.— P. B. Knight, 
Brighton, derk to a railway contractor. — John Bartlett, 
Brighton, publican.— Glorlei Buretow, jun., Horsham, archi- 
tect. — Thoe, W, Piggott, Higham, coachman. — H, Pteteher, 
Angimeriog, near Arundel, shoemaker. 

Court'houee, Livs&fool, Lancashire, March 18 at 10. 

Wm. N, 8cott, Liverpool, assistant druggist.- T^ot. Har- 
per, jun., Liverpool, blacksmith.— 7%o«. Lever, Liverpool, 
shoemaker. — Riehd. Allan, Liverpool, hosier.— TAomor 1ft/- 
eon, Liverpool, shopkeeper. — Geo. Bntwietle, Liverpool, out 
of busbess.— /oAn Damee, Liverpool, dealer in coals.— Aoft/. 
Hampeon, Liverpool, joiner. — 7%0f. Boughsedge, Liverpool, 
out of boaiiioM.— 'JBtf. B. Cboke, Liverpool, pa]nter««-/am#t 



Bae, Liverpool, book-keeper. — T%omae Tkmr^Md, Liverpool, 
earthenware-dealer. — Thomae H, Taykr, Uvwpodl, calnnet- 
maker.— Po/ricAr CoUme', Liverpool, tailor's asrtftant.— itoA/. 
Trietram, liverpool, cart-owner.-^«t. C ro g a n p liverpool, 
dock labourer.— 7!toff. Abrame, Liverpool, pftvkMr.— IM. B, 
Corbet, Liverpool, joiner. — Wm^ Price, liverpool, beer- 
house-keeper.— /o«. Johmeon, livenool, tBflor««-Vot. C%- 
ton, Liverpool, Ueeased victualler.— Mn Plarror, liverpool, 
licensed victualler.— M. KyuattUi, lifHMk.tfViMver.— 
Chae, Cook, Liverpool, out of bnslnass. Mm^ a twrn miweo,, 
Liverpool, joiner. — Henry Brookee, livwpoot, shopkeeper's 
assistant— FTm. Peulkee, Ltngpooif oat of boaineaa.- /sMai 
Hickeon, Liverpool, dealer in flov. — CftrislqiAer Caehen, 
Liverpool, carver.— /oAn GfaUow, livcippol, butcher. — Chat. 
FT. R, Pleetwood, Kirkdale, near liveinpodl, book-keeper.— 
Wm. Carbine, liverpool, dealer in cattle. — Wm. Meadomt, 
liverpool, treacle manufcoturer.— H'ln. Lmtgiey, liverpool, 
brewer's agent.— ITm. Hen. Bidebigt liverpool, snperhitend- 
ant of polioe.— /eAn Hmrdiety, liveipool, apothecary.— /oAs 
Bdwarde, Liverpool, contractor liMreKcavBking and paving. 
Iir8oi.TnMT Dbstoab' DnrioBKoa. 

Jai. Merchant, CardilT, GUfltuwianahirB, cooper, Feb. 26, 
Hariey's, Bristol : It. 6^. In tfie fomd.—Archimedee Jehn 
Shaw, foreman in her M^es^r's ^ockvard, Devonport, Feb. 
24, Chapman's, Devonport : It. lOd. in the pound.- fiiir H. 
JSes^, Bart.. FA. 28, Barton's, Bnrkii^am-st., Addpiu: 
3t. Zd. in the ptiand. 

MmiTiNo. 

John Weetacoft, Halberton, Devonshire, fSumer, March 22 
at 12, Thrtt Tuna, Tiverton, sp. aff. 



LAW.— A Country Finn of Lum ConTejraociiK 
Practice, are willing to receive into tiieir oflSce any wd^ 
educated young man of aasidnoas habits, who has been artidsd 
in Town, and is desirans of Anrtiier imp 



Apply, under mw, to A. V., at iim Oflloe of the Jurist, 
with a regsrenoe to An Gffltkiman or Firm the party has been 
artieledto. 



Just pubHshed, part 1, price St., 

REPORTS of CASES nivued and ruled at NISI 
PRIUS, in the COURTS of QUEEN'S BENCH, 
COMMON PLEAS, and EXCHEQUER, together with Cases 
tried in the Central Criminal Court, and on the Circuits ; from 
Trinity Term, 3 ^ct., to Hilary Term, 5 VUst. By F. A. 
CARRINGTON, and J. R. MARSHMAN, Esqrs., of Lin. 
coin's Inn, Barristers at Law. 

%* Tliese Reports are in continuation of Messrs. Carrington 
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Also just published, Vol. 2, part 5, oompMiv the Vohune, 
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SCOTTS NEW REPORTS in the COOTCT of COM- 
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Term, 4 Vict. 

V These Reports will, mfuture, firomthefrcffitlesaftjnled 
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promptly aiter eedi Term. 

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WILDY, (Son and Soooenor to the late John 
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rey-street, tn/AinfAtfo/et, b^ toinlbrm the GentlsBiMof 
the Profession, that he has now on sate, Piekeriag, RolThesd 
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•«• Orders for THE JURIST flvMi to aay NtwnSM. otjL 
fpott-paid) wnt to ClM Oil«, No. 8, CHANCBEV LANI, orj^i* *! 
£?TEVBNS * O.S. NORTON, (Surniew to J. ^ W. T. Clgfc Wg 
of Portugil Stnet). «6 sad 89, BELL YARD, wiU tntiin lt« PWgJ- 
dftUvery In London, or iU being forwudod on the ereislBf of ptMXB' 
tloo, through the medlam ot the Poet Og **, *^ f »** rMinirt, 

Loadmi : Printed hy WALTER M'DOWALL, fwna*i<J^ 



aanTON Row, 
and PvBusasB, 



and PublUMd to? STEPHEN SWEET. ■^Jfggf* 
kfliCaAiiemiAim. 8etaiisy,r^tiiiiy»il*^ 



\v 



l^ 



ttrij@ 



S99B 



lk.909. 



MARCH 5, 1842. 



With Supplement, Sfc 






'9k / lf fk Ml^a9v^Nmw(ftkeOemlemm who favour 

€hi£ded i» A€ several ComU of Law and E^i^: — 

KBXPioir, Siq. k the Mlddla , 



^^ 



{E. T. Hood, Esq. of tlie Inner 
Temple, Barrifter at Lew. 
T Tmniatuf EDWAu>e» Eiq. of the 

\ Inner T0nip]e,BarriffenretI>w« 

BbcfA. Y. Khmtav, %. of Qrqr'» 



Ina,Belf|rtoriilCMr. 
Temple; BarrWler 1 



Dm Mmi ClMBfiellor's /£. T. HoMi, fat. et tiie Isaer 
Cnrt 1 TemiOe; Busier at Lew. 



•r the Rene Conrt-f ^'J* ^■'2?!:?^ "^^ ^™^ 
«iKJM».^oun-|^ Temple, B^lfiltfcr at Law. 

of Eng- TTbhison EDWAmns, Eaq. ofthe 

I Inner Temple^ JIarriater at Law. 

Brmx'B r W. W. CoopnR,ftq. of the Inner 

1 Temple, Barrister el Law. 

I'a JE. J. BRvin, Etq. ef Lmcoln'f 
\ Inn, Barrifter at Lew. 



raOeort 
Cmtt 



Govt of Qjoeen'f B«ic)i< 



{E.KJ 
Tei 
G.J. 
Tei 



Temple; and 

P. Smith, Eaq. of tiie Inner 
Temple, Barriitepi at Law. 

• BcnchBailCowt-f^V^' KimwAW, Eaq. of Qnft 
^^*^ t Inn, Barrisler at Law. 

R. Bf ARSHWAir, Eaq. ef lin* 
eoln's Inn, Berriiter at Law. 



Court of Common Fleaa| 

{ 

\ Commona, 



Court of Ezcheqner • 



{W. M. B«et, Eaq. of Gfa/e Inn» 
Benriat^ at Law. 



raltjConrta . 
Court of Refiew 



fF. FiaBKB, Eaq. of Linodhi'a 
t Inn, Berriiter Bt Law. 



IX»n>OK, MARCH 5, 1842. 

TsBaAlleintlieHitiiseof Lords of the I'stinstant 
( ■ »■ I N pj PiMJiamentaiy intelligence, poet^ p. 76) hae pat 
of Lord Campbell's ideas for the im- 
tlie appellate jurisdiction of the House of 
Leidi^ iriljA introlTey as will be seen, the destruction 
€i tie iTnlflil Committee of the Privy Couneil,' and 
tfe fWMiiTaliun of the Court of Chancery. We need 
viA renfad our readers, that it is only a few months 
tiie L^iskture, after frequent inquiries and dis- 
la Act for increasing the judicial 
stK^gth of the Court of Chasceiy, satisfied, as we must 
rtwwiwiB, that foch an increase of strengtb Was desir- 
Mt for Qm administration of justice. But, at this 
d^» vlpm m reform in the law, a few years old, is bI- 
Tm^^bmfjbi to be waxing into the decrepitude of a 
awj^ Mttiquifgr, it may be proper to remind our read- 
en^ tiiKt As ppeaent oonsdtntion of the Judicial Com- 
isHtoe of the Privy Council has reached the alarming 
1^ of not kfli fliaa eight years and a half; and that, 
tHenforay H must neceissarily have become so incum- 
WnA wlik cbiiMs, and must so completely have ceased 
to beaiifvfee to the wants of an advanced state of civi* 
liMtiw, ute render its abolition a measure of high ex- 
pedieagr. 

Loixl OupheU proposes, as we collect from what is 
nported to have fiiUen from him, to abolish the Judi- 
cial CoBUDtttea of the Privy Council as a Court of ap- 
peal, and to tnmafer aU its appeal jurisdiction to the 
HoweofLotds. He proposes, in order to meet this ac- 
eoiwihtSgn of judicial business, to take the Lord Chan- 
celior out of the Court of Chancety, and confine him, 
asajsAUpeaoDytotheHooaeof Lords; and he pro- 
peas to anfpi^ hie place in the Court of Chancery by a 
pnaMBcat pawiiliiig Judge in eouity, whom he recom- 
flHoAi to%ataiam mm among «ie existing Vice^Uhan- 



The groundwork of this wholesale substitutional pro- 
cess is, as we understand his Lordship, the defect of the 
existing constitution of the Appellate Jurisdiction of 
the House of Lords. But on what ground the improve- 
ment of that jurisdiction appears to him only attain- 
able through the destruction of the Judicial Committee 
of the Privy Council, we profisss ourselves wholly un- 
able to comprehend. His Lordahip states, indeed, that 
there are now two Courts of Appeal of co-ordinate Ju- 
risdiction, meaning, we suppose, the House of Lordi and 
the Judicial Committee of the I^vy Coundl ; and he 
sCotes, further, his individual opinion, that there ought 
to be but one Supreme C^rt of Appeal; and tiien, as- 
{mming these twb po^^ons to be coiveet, Without fur- 
ther proof or reasoniuA^, he determines, that, if one of the 
two Courts of Appeal is to be abofiehed, the Judicial 
Committee is the one that must perish. We conceive^ 
with great submission, however, to an individual, even 
so leamel and so deservedly eminent as the late Lord 
Chancellor of Irelan<h l^t somehiDg of proof is want- 
ing before jnen's .lUMs will be satisfied of the expe^ 
diency of proceettng to tiie aboUtioh'of a Tribunal 
which has exislad in some fopn for more than thre^ 
centuries; and which has been entirely reformed and 
adapted by the Legislature to the wants of modem timee^ 
only so far back as 18«IK9: '^ 

We would first ask, what is meisint by ^ two Courts of 
Appeal of co-ordinate Jurisdiction V* By those terms, we 
should have supposed would be understood two Courts 
holding their jurisdiction in the same right; alike in 
constitution; administering the same law; and sitting 
in appeal on causes brought from the same inferior juris- 
diction ; in fine, we should have supposed, that Courts 
of similar jurisdiction in all or most respects, must have 
been meant. 

That, however, cannot have been the meaning of the 
noble and learned Lord, because, in fret, the Houss of 
liOTds and the Judicial Committee do sol bear that sort 



70 



THE JURIST. 



of relation one to the otker. The House of Lords is an 
independent Court of Aj^eal, in right of its being the 
Assembly of the Peers of ParHament. Whate^or may 
be the extent of its jurlBdioiion in theory, it is quite 
clear, that, in practice, it ynly exercises jurisdiction on 
appeals from the subordinate Courts of Law and ^uity . 
The Judicial Committee of the Priyy Council, on 
t£e contrary, confines Its jurisdiction to appeals irom 
thB AdniMty aftd ficclssllstieal Courts, and ttovn 
the Colonial dominions of the Crown. The House of 
Lords has jarisdiction to determine^ as well as to hear 
and inquire. The Judicial Committeee of the Privy 
CouncU has only power to hear and inquire, and does 
not deteniune, but only advises the Ctown. The ap« 
peal to the Honte of Lords Is to the Lords, as an inde- 
pendent body of judges; tl^e appeal to the Privy Coun- 
cil is to the Queaa in oounsil. In hct^ the House of 
Lq]x^ is a distinct and independent Court of Appeal in 
matters whieb, by the bws of the land, ore originally 
heard by some of the judges appointed by the Crown to 
administer those lawsj while the Jodidal Committee is 
mfijely a council using judicial forms of procedure, for 
the purpose of ascertaining and iidylsix^ the Crown upon 
the law,, in appeals from jurisdictions, over which the 
Crown is itself the judge of last resorts Two tribunals 
more thoroughly distinct^ both in ihaory and pnMtioe, 
it is hardly possible to conceive. That they should come 
into actual conflict on the same case, as suggested by 
Lprd Campbell} seems scarcely possible. And, though 
it must be admitted that they might oome into conflict 
on matter of law in different casea^ involving the same 
point of law, yet, unless the decision of the one court 
hs^pena to be unknpwn to the other, even that case of 
conflict is not yery probable, as^ unquestionably, either 
of those hig^ tribunals would pay great attention to the 
deliberate decision of the other. The fact appears to be, 
according to the statement of the Lord Chancellor, that 
there has been no instance of a oenfliot of decision be- 
tween the Privy Council and th^ House of Lords* 

. But suppose the proposition to be carried into effecti, 
aud the jurisdiction of the Judicial Committee trans- 
ferred to the House of Lords ;•— bqw is it there to be ex- 
ercised 1 The House of Lords usually comprises among 
its I9ember8 a cei'tain number of Lords learned in the 
Law of Kugland, and, perhaps, of Scotland ; but it very 
rarely counts among its number any noble Lord learned 
in the Ecclesiastical Law, or in those Foreign Laws 
which are in force in many of our Colonies, In order 
to abjudicate upon tlie variety of codes which govern 
the cases coming before it as a Court of universal Ap- 
peal, it would, therefore, be obliged continually to call to 
its assistance, as advisers, persons learned in those laws. 
It may be said, why should not the House of Lords call 
to its assistance the Judges of other Courts as well as 
the Judges of the Common Law? But the answer is, 
that it would be objectionable if the highest Court of 
Appeal wero under the necessity of eotUinuaffjt calling 
to advise it any foreign assistance. The Judges are 
not in practice required to assist the House of Lords 
except on matters of law of great importance, and on 
which there is the highest degree of doubt ; cases ne- 
cessarily of care ocourrence, la by far the m%jor part 
of the oaasis heard by the House 4»f L«ni^ ponesnjug, 
aa ibfiy do, in Idieir own ^»iy iisM^ «l aU tuM% mm ; 
2 



or more common-law Judeei^ they nelthsr require, nor, 
in ftust, make use of any roreign asaiatanoe. 

It would be otherwise, we apmhend, if the^ became 
a Court of Appeal from all the various junsdictions 
from whicb an appeal now lies to the Judicial Com- 
mittee. And we doubt much, whether the dignitv of 
the House, or the authority of its judgments, would be 
greatly increased by the circumstance of its being seen 
labttaally to lean upon the asristaaas of otiwf Jvdgsi 
in thf oKecution of its high judicial functiono. 

On tile remaining parts of Lord CampbelTs plan, we 
shaUnoti at present, offw any l^ogthenMrwaam. Nsi- 
tner the proposal for withdrawing the Lord Chancellor 
from the Court of Chancery,nox that for appointing a peiv 
manent Chief Judce in Equity are, inthemaalvMi asw; 
though, undoubtealy. It is new, to propose these mea- 
sures within BO very short a period mm the lisia wlwa 
the Legislature has attempted to apply a specific ?emedy 
to the evils alleged to arise from the Lord ChaBcelkff 
being overburthened with judiolal lalxmr. 

From the adverse opinions expressed b^r all the leam* 
ed Lords who spoke m the debate on this subject, we 
mav" collect, perhaps, that Lord CampboU'fl mesnus 
wiU be unlikely to reach an advanced stage; should it, 
however, do so, we shall endeavour to lay beftm our 
readers the detoils of bills, which, whether they riisil 
tum out to bo improvwnents or not, wHI, at aay «ate, go 
to efieet the greatest changes in the admhustmtlon of 
the law that we have yet seen. 

RULES OF COURT, Ac^ EQUIVALENT TO 

JUDGMENTS 

UNPBS ros 1 & 2 VICT. o« IIC^ s, 19. 

The statute of the 1 & 2 Vict, c. 110, while it aboMe$ 
arrest on mesne process, leaves the superior courts in 
the possession and exercise of their power of attaching 
the person tov a eontempt oommitted by dlsobedjeuM 
to their orders. But. at the same thne, iti 18th seetiDfi 
gives to rules or ordeia of court, for Uia pi^mept of 
money and oostc^ the eifect and all the ibrce of a judg- 
ment, so as to enable the party, to whom the money and 
costs are payable, to take out execution thereon against 
the real and personal property of tlie party by whom 
thsy are ordered ta be paicU And thus, ia thoss csw 
particularly In which the process by attaabm^t «*• 
hiost frequently resorted ip, in enfi>rcmg awavds lor tki 
payment of money, and orders of court jor the p^ymeot 
of costs, a more direct and efficacious remedv is prorid- 
ed, which seems likely to be preferably aaopted, snd 
will, perhaps, entirely supeiaede the oth^. It has evsa 
sometimes oeen doubted, whother the piooeeding hy^h 
taohment for tho non-'paymeat of mopev, pursuant to a 
rule of court, has not been virtually aWished by tha^, 
18th section of the 1 & 2 VLct. c. 110, which, givbg the 
power of enforcing such rutos by execution against the I 
property, has, consequently, rendered it umiecessaiy to | 
nave recourse to an attaehment. It might, bowinr, 
have been intended, that the romady given by iim ite*i| 
tute should be cumulative, and be available altsiaa*|| 
tively with that at common law. And the courts, not- 
withstanding the doubt, have continued to grant attach* J 
ments in such cases; particularly while it remained ^ i 
question, how far, and in what manner, the proccasi 
under the statute was applicable to the fnrposs of sn^J 
forcing tlw p%}-meiit of money awarded by an arbitfslar* . 
But now that this question appears to m satisfsctoniy ^ 
settled, it is probable, that the piocetf by attachmeoti j 
even for the non-performance of such awids, will more 1 
and more fen into disuse, when brought practically into j 
comparison with the mow oonvement md eflectaai , 

means provided by the statvta, . .. j 

Tim raha of the oaaila of oQBMatt l«v, that bytlu^ 

|ict are made equivalent to judgments, are descnbsa W' 



THE JURIST. 



71 



tin IBfth MctioB as roles of court, ** whereby anj sum 
of money, or anj costs, chaises, or expenses, shall be 
pavahle to any person;" sach person to be deemed a 
lodgment creator witMn the meaning of the act, and to 
hare the same remedies as are thereby given to jndg^ 
BKttt ereditOEB. Roles of this kind are, conseqoently, 
like jodsmentfl^ enfordble by execotion onder tne 11th 
sad 12th sections, wainst the property of the person by 
vhom the money, &c., is payable; and are eqoitable 
dksiges upon his real property to the extent and in the 



nanaer provided by the 13th section, and may be 
nsde a chane o^n his fimded ^rop^y onder the 
lith and 15tE sections. And, like magments, in order 
to sffiBct real property gainst parchasers, morteageei^ 
or oeditorB^ tKese nues most oe doly roistered por- 
suaat to the 19th section of this act, and the 4th section 
oCthe2Ti0t.e.ll. 

Wt fcopose, on the present oocauon. to review some 
of the mosi mateml qoestions that have arisen, and 
the pimapal points of practice, that, in the short time 
ebpsed sbice tne passinff of the act, have been settled or 
^giteted, relative^ to these roles of court, thus made 
o|a2TBlait in effect to jodgments. 

L EinjBs FOR THE Patxent op a Sum ov Monbt. 

la the first place, according to the oonstroction that 
hsibeon pat upon these enactments, they have been 
heid to apply only to cases where a precise sum of 
maoej is oraered bytheeourt to be pud, and not to cases 
wJuffe fwmethiwg more b reqoisite, as where^ before it 
beeones payable, anact is to be done by a thud person. 
The moneyy in short, must be payable by the rule itself 
sad its amount must appear on the face of the rule. 

Th is point was determined in the case of Joneg v. 
IFiffiMS, (4 Per. & D. 217; 11 Adol. & £11. .178), 
vben the question was, whether a fieri ftcias oould 
]ane,uader the 1 & 2 Vict. c. 110, for non-pavment of 
a sameffrasney found to be due by an award, the agree* 
meat idnSatsace having been made a role of conrt. It 
SMBis lo have been aigoed, that, the parties having 
Mgntd to abide by the award, and the agreement having 
Men made a role of coort, and the awiurd made in pur> 
BBanoe of that agreement having directed the payment 
of a sum of money, the awar4 was incorporated by re- 
htion in the rule of court, and, therefore, an execution 
fi^ght isBoe, But the Court of Queen's Bench hdd, 
tfasi czeeatioai could not issue in this case. For, it was 
snd, although money awarded to be paid under a sub- 
mission that is made a role of coort may, undoubtedly, 
be eonaidered as money payable by something arising 
oat of and ingrafted on the rule, yet the difficulty that 
pceaenta itself is, that there is no definite sum of mo- 
n^ fcxpieascd to be payable by the rule itself. These 
mks aie to have the effect of judsments, which are to 
diBige the land; and, therefore, tne sum to be charved 
oi^;fat to be distinctly stated in the document which 
thas dianea the land, so that the purchasers or credit- 
QB msgr know what it is. They ought, also, to bind 
the ML at the time they^ are entered ; but, when rules 
like tUa ste made^ there is> at that time, nothing to in- 
form aaiyhedy of the charge : the amount may not be 
asoertuDsd for a year afterwards. And on these grounds, 
principafly, the court was of opinion, that the power of 
iBnix^ ezeeation on a rule most be confined to cases 
where the money payable by the role is expressed in 
the role iteelfl Lord Denman, however, observed, in 
addition, that, ^ there is no difficolty in giving efitect to 
the act of parliament as to awards, if a proper case is 
SBsde out; and that is by calling on the delinquent 
party to shew cause why ne should not pay a certain 
sam of money, pursuant to the award. If that role is 
made absolute, an execution may issue for the sum dis- 
tinctly specified in the rule so obtained." . 

In this very case, Jones v. WiUiam, when subse- 
quently befm the Conrt of Ezohequer, (vide infta). 



Mr. Baron Parke, and the other Judges of the CJourt of 
Exchequer, esopressed their entire concurrence in the 
decision of the Court of Queen's Bench in J&nes v. FTt^ 



It seems, therefore, to be settled, that, where a sum 
of money has been awarded to be paid under a snbmis* 
sbn which is made a rule of court, the money is not 
payable by tAai rule, so as to be enforced by execution 
under the 1 & 2 Vict. c. 110, s. 18, without a fiurther and 
distinct order of the court for the payment of the sum. 

It is, however, to be remarked, tnat the determination 
of the Court of Queen's Bench, in Janet v. fFilUoMU, 
has sometimes been represented, particularly in repor- 
ters' marginal notes, (tnose convenient but occssioiiBUy 
misleading breviates ), as if it amounted to a dednon, 
that execution coM not be sued out under the 1 & 2 
Vict. c. 110, s. 18, for money awarded by an arbitmtor. 
But, it will be observed, tliat Lord Denman, after deli- 
vering the opinion of Uie court, that execution could 
not be had for the money by virtue of the original rule 
of submission, proceeded to point out the course that 
might be adopted, and which the court would sanctiooy 
for making the provisions of the statute available in thia 
case, via. by obtaining a role to shew cause why the 
money should not he paid, pursoant to the award, 
which, when made absolute, would entitle the party to 
sue out execution thereon under the statute. And this 
view of the use that may be made of this enactment 
of the 1 & 2 Vict, has been followed and adopted with 
unqualified approbation by the Court of Exchequer, 
not only in the same case when afterwards before that 
court, but also in that of Eieiards v. Patterson^ (8 Mee. 
& W. 313; 5 Jur. 894), and in the still more recent 
case of I>oe d. Thompmm v. Am^^ (5 Jur. 896). In 
the last-mentioned case, the point was brought direct- 
ly before the court; and it was contended, that the 
court had no power, either at common law or under 
the statute 1 & 2 Vict. c. 110, to make an order calling 
on a party to pay a specific sum awarded by an arbitra- 
tor; that, independently of the statute, their onhr pow- 
er was to order the party to perform the award gene- 
rally ; and, in the event of his noplect or refusal, to pu- 
msh him by attachment; and that the only object of 
thestat.l &2yict. cllO, S.18, was to give to orders 
and roles of court a force and effect which they had not 
before, vis. that of judgments on which execution might 
issue; but did not confor on the courts the power of 
making any new spedes of order unknown to the then 
existing law. But the court was of opinion, that an 
order for an attachment against a party for not paying 
money presupposes a power in the court to order him 
to pay it ; and made absolute a rule for the payment of 
a sum of money awarded under a submisnon tlutt had 
been made a rule of oourt, thus riving an express and ju- 
dicial assent to thepropriety of the course suggested oy 
Lord Denman, in J^omee v. WiUianu* 

II. BULBB VOR THB PaTXXMT OF CoSIB. 

But, although execution cannot issue under the act 
on a rule of court for the payment of money, unless the 
amount be determined and specified by the rule itself, 
yet, execution may issue on a rule oraering the pay- 
ment of 0(Mte, though their amount is not specifically 
mentioned in the rule, being left to be ascertained by 
taxation by the officer of the court; and thosL where a 
submission is made a rule of court, an award for the 
payment of costs, to be ascertained by taxation, may, 
when their amount is so ascertained, be enforced by 
execution under the role, without a farther and dis- 
tinct order of the court for the payment of the sum so 
ascertained. 

In the case of Jones v. FFtZSomf, before the Court of 
Exchequer, (8 Mee. & W. 349; 6 Jur. 895}, where the 
latter point was discussed, the principle laid down by 
the Court of Queen's Bench m the same case, to the 



n 



TMS jurist: 



eflPeot^ thai tlie speclfie sain must appear on the face of 
the mle, was m^ in ailment, as applying also to a 
rule for the payment of costs. The obseVvations of the 
judges of the Court of Exchequer, being principally dl- 
levcted to the distinction between the eiwes of a rule 
wderfUg payment of a sum of money and one ordering 
the payment of oosts, are calculated to illustrate both, 
vad api^y almost equally to both, and will, therefore, 
TO better und^iatood^ and tend vrnve to the elucidation 
of the subject, if preserved in their original connectloui 
than if we fittem{i^ to intradnee them sepantely into 
the diacussion of the several points. 

In tha oasey then, of JoMi v» WilUami^ beibt« the 
Court of Exchequer, an action which had been com*- 
meneed by the plamtiff against the defkidant, was, by 
agreement in writing, referred to an svbitrator, who was 
to take an account between the parties, and all eosts 
Were to be paid by the parties against whom a balance 
of accounts should appear by the award to be due. The 
arbitntor having proceeded with the reference, awarded, 
that, upon the accounts referred to him, there was a 
iMiamce of a specified aatiount due from the plaintiff to 
tae defendant, which sum, together with the costs so 
Biade to abide the event of the awatd, the arbitrator di- 
ijected to he paid by the plaintiff to the defendant on A 
oertain day* The agnsement was made a rule of court \ 
aiid the coats ^^ve taxed by the Master at a certain 
sum. Mr. Baron Parke, after referring to the 18th sec- 
tion of the 1 & £ Vict. c. 110, and obser^ng, that^ accord-^ 
i|ig to the proper construction of the act, it does not ap-^ 
ply to any costs, chaiges, or expenses, except those which 
are ordered by ftW court to be paid ; and that it does not 
embrace cases in which domething is necessary to be 
done,, in crder to give the party a title to the money, 
hut inolttdee those only in which the obligation to pay 
the money ap'peata on the face of the rute, decree^ or 
order, proceeded to say i '* But, then, it is afgued, that, 
when the court orders the piyment of cotlis^ something 
must be done in order to ascertain their amount before 
eacecution can issue. No doubt that is so; but then 
Goeta are not liable to the same observation as immef^, 
aa they atand upon a peculiar footing. When the le- 
gislature mentions 'money, eosts, chaiges and ex-^ 
penses,* it means money decreed or ordered to be paid, 
together with the costs, charges, and expenses^ to be as- 
certained by the officer of tlie coUrt» That point, in-^ 
dieed, it is unnecessary to decide ; but, I am or opinion, 
tjiat^ with respect to coats, it is enough if they are aa^ 
cartained bv the ofhcor of the court, and that It is not 
neceasary that there should be any order to pay after 
they are taxed by the officer." Mr. Baron Aldenon 
esq)re8sed himself to be of the same opinion. *' With 
regaird to the ^osts, ohaiges and expenses," said the 
learned judge, *<it aetms to me, that they may be as- 
certained by the officer of the court, though not speci- 
fically mentioned in the rule pf court. All that is re- 
quired is, that the court shall order a sum of money to 
be paid ; and, if it also order eosts, that means the costs 
ascertained by the office of the court. . • . But, in 
the case of an award, it would be monstrous to say, Uiat 
any sum of monciy is payable under the order of the 
court. The order of the court there ia, that the party do 
tfubmit to the arbitmtion of A« B. ; and unless you in- 
corporate the awai^ (which is an act long subsequent) 
with the rule of courts it would be making the court 
order the payment of a sum of money, the propriety of 
which depends OH the judgment of a third party, and of 
which the court knows nothing. If such were the law, 
the court might commit tlie greatest injustice. Sup^ 
pose a submission to arbitration and on award after 
Trinity Term ; in the vacation, a writ of ca. sa. might 
issue; aitd is the paity to i-eniain in cubtody the whole 
of the vacation up to Michaelmas Term, before he can 
apply to set aside an award which may have been most 
improperly made against him? The sounder rule id 
4 



this, that no execution should issue till the court has 
aeceHained for itself the propriety of the award, and hss 
made an order fbr the payment of the money awarded. 
And Mr. Baron Rolfe remarked, that, ** According to 
ail the writs settled by the Lord Chancellor, in pur- 
suance of the 1 & 2 Vict. c. 110, it is Assumed, that the 
amount payable is previously ascertaiti^d by the decree 
or order of the court. That appears to me to make the 
distinction pointed otit by my brothers Pttrke and Al- 
derson, vi«. that the statute having provided that a writ 
may be issued npoii an order fbr the payment of money 
and costs, it may still issue for costs When taxed by the 
officer* but that such estecution cannot possibly extend 
to the payment of any money which has not m terms 
been ascertained by the decline or order. The in^ts to 
Which I have referred were fnuned upon great deliber- 
ation ; and if there were any case in which the ohler 
for the performance of an award could be within the 
statute, ft is most probable that a wtit tot that purpose 
would be found amongst the forms given by the Court 
of Chancery." 

If, however, an arbitrator, when the <i08t8 are in his 
discretion, awards a gross sum for Costs (Which is not 
liable to taxation by the Master, Anon*^ 1 Chit. Rep, 
38; Watson, Arbit. 138)), it seems, that, consistently 
With the principle of the foregoing eases. It would be 
necessary to apply to the court for a rule tor IhiSf pay- 
ment, in order that execution may issue thei^n. 

III. RuLB Nisi in the ^nsv ImvABOBt 
We have seen, that, according to the mode of pro- 
ceeding prescribed by the Court of Queen's Bench, and 
approved by the Court of Exciheouer, the Vttle for the 
payment of a sum of money under ah aWard^ with a 
view to poceeding by execution, should be tt rule to 
shew cause only m the first instance, upon which, 
Wh^n made absolute, execution shftU issue; and sn 
Older ex parte, In such a ease, is irregtilar. For, M tt- 
marked by Mr. Baron Parke, (8 Mee. & W. 316), if it 
were otherwise, in cases of awards execution might be 
issued without nny opportunity whatever of a hearing 
being given to the party affected. This Corresponds 
with the manner of obtaining a rule for an attadhment 
to enforce an award* And not only in this, but In other 
icspects^ the rule of court; under the statute foi> the 
piymcnt of a sum awarded, is considered ae Malocens 
to an attachuient under the old law; and this aitalogy 
appeare likely to be observed in the jmiHiee relative to 
the proceedings for obtaining the rule under the statute. 
(See Mendtll v. 2>r#v//, 6 Jur. Bep. 18). 

Thus, in Rickards v. Patterson, (8 Mee. & W. 310; 
5 Jur. 894), the plaintiff having obtained an order for 
the taxation of his attoraey's bill of costs, it Was taxed 
accordingly ; but the idlooatnr was not served on the 
plaintiff in the regular way, but was sent him by the 
post, and no demand was made on him for the amonnt. 
The attorney afterwards obteined, on en ex parte appli- 
cation, an order upon the plaintiff to pay the amount 
fonnd by the Master to be due; and without Irving it 
upon the plaintiff, or giving him any notice of it, msde 
the order a rule of courts and is^ed a fi. fo. thereon 
under the 1 & 2 Vict. c. 110, s. 18. But these proceed- 
ings were set aside as irregnlar, the e<mrt being of opin- 
ion, tliat, before process is awarded against the V^V^^X 
of a party under these provisions, the same steps sfiould 
be token as would have been neeessary in a proceeding 
aoainst his person by attochmeUt; or^ at all events, he 
should have some distinct notiee of the proceedings. 
And, before this statute, no attachment could be grsnt- 
ed, in such a casis as this, without a previous personel 
service of the allocatur. 

The rule should be served personally ; but, it wss 
said by Mr. Justice Patteson, the othet day, in the 
Bail Court, (Jirdcm v. Betwkk^ 8 J«». Ref . l««)i ^ 
wliaie penonal service may fioi be ptaelfcables tii^ <^^ 



THE JURIST. 



n 



t 



wQl, on a stateineot of the particular cironiiiBtiuicefly 
eoo^dcr whether the stricter eervlce may not be relaxed. 

IV. Judge's Order. 
A judge's order for the payment of money or coetsy 
may be enforced by execution or the other remedies 
iren by this etatnte, by first making it a rule of court. 
, WaOu T. SkefiMy 3 Jur. 1002 ; see Archbold's Prao- 
tke» 7th edit^'by Chitty, 1204). 

V. DnnuuB Ain> ORoluia in EftViiT. 

Before the statute 1 & 2 Vict. c. 110 came into oper- 
ation, a decree of a court of equity, unless it were for 
the land itself operated only in personam, and could 
cnl V be enforced by what is termed process of contempt, 
a^mst the party disobeying it, under which the party 
XE^ht be arrested, and a sequestration might be issueo. 
This, howeTer, bnng only a personal proceeding, abates 
by the death of the party ; and though it may be rc- 
YiTcd iipinst his personal representative, yet, unless the 
dfloee 15 for the performance of a covenant in which 
^ht heir is bound, or for the laud itself, it cannot be re* 
rived qgainst his heir; and, except in such cases, there- 
fine, cannot give to a decree in equity the same effect as 
& ju<%nient at law, in binding the real estate. But this 
dmt in the procc^ing by sequestration has, to a cer- 
tain extent, l^n remedied by the 18th section of the 1 
& 2 Viet. e. 110, which communicates the effect of a 
jod^aest in the superior courts of common law, not 
only, as we have aeen, to mles of those courts, but to 
"afi decrees and orders of Courts of equity, and all or* 
dm of the Lord Chancellor or of the Court of Review 
in matlen of bankruptcy, and all oiden of the Lord 
Chancellor in matters of lunacy, whereby any sum of 
money, or any costs, charges, or expenses shall be pay- 
sMe to any person.*' Such decrees and orders, there- 
fere, «e armed with the like remedies, and have the 
like IMiog force upon the property of the person by 
whom the money, &c., is payable, as judgments; and 
must be registered like them, in oroer to to eiiectual. 

The iOth section empowers the judges of the courts 
€f( law, equity, and bankruptcy, to issue new forms of 
writs for givin? effect to the provisions of the act. And 
in pniSDanee of this provision, forms of writs of fieri fa- 
cile, el^t, and venditioni exponas, similar to those 
adopted in the courts of common law, were promuleated 
by the Lord Chancellor, by the Orders of the 10th May, 
1899, (I Beay. App. xii. ; 3 Jur. 410), for the purpose 
of givbig the means of enforcing, by common law pro- 
cess, decrees of the courts of equity* for the payment of 
money and costs. The forms are accompanied by cer- 
tun regulations respecting them, the principal of which 
provide: That every person, to whom, in any cause or 
matter pending in the Court of Chancery, any sum of 
money, or any costs, have been ordered to be paid, shall, 
after the lapse of one month from the time when such 
order for payment was duly passed and entered, be en- 
titled by nis clerk in court to sue out one or more writ 
or wAto of fieri facias, or elegit, of the forms provided, 
or aa near thereto as the circumstances of the cases may 
reqoife. That such writs, when sealed, shall be deli- 
vered to the sheriff, or other officer, to whom the ene^ 
c^iUmni^'^ like writs issuing out of the superior courts 
of common law belongs, and shall be executed by such 
sberi^ or other officer, as nearly as may i)e, in the same 
mamier in which he does or ought to execute such like 
writs; taiA such writs, when returned by such sheriff 
or other officer, ehril be delivered to the cierks in court, 
bv whom respectively they were sued out, or be left at 
their respective seats, and shall thereupon be filed as of 
record in the office of the six clerks : and that, if it shall 
appear, %pon the return of any such writ of fieri facias, 
tfiat the sheriff or other officer has, by virtue of such 
writ, seiiBed, but not sold, any goods of the person or- 
dsisd to pay sach sum of money or costs, the person to 
whom such mun of money or costs is payable Biitrfl^ im* 



mediately after such writ, with such return, shall be 
filed as of record, be at liberty, by his clerk in court, to 
sue out a writ of venditioni exponas, in the form tto- 
vided, or as near thereto as circumstances may require. 

The mode of proceeding thus instituted, enables a per* 
son who has succeeded in establishing, in the Court of 
Chancery, his right to a pecuniary demand, to sue out 
execution for its amount, in the same manner as he 
may upon a judgment in a court of common law. 

But here, we may observe with Mr. Daniell, (2 Chan* 
oery Practice, 701 )* that the above orders and writs do 
not supersede the ordinary remedies of the court for en- 
forcing its decrees and orders; and that, in fiict, they 
are applicable only to eases in which money or costs are 
decreed or ordered to be paid by one party to another, 
and are totally inapplicable to oases where any other 
act is ordered to be done by a party. Orders or decrees 
of this latter description, therefore, must still be en- 
forced by the ordinary process of contempt. 

In QWa y. Pike. (8 Mee. & W. 228 ; and see WelU 
y. €Hbb8y 4 Jur. 1178), the Court of Excheqtier was of 
opinion, that an order of a court of equity for the pay- 
ment of money into the Bank, in the name of the AV 
countant-General, to the credit of a cause depending In 
that court, is not an order to which the effect of s judg- 
ment is given b v sect. 18 of the 1 & 2 Vict. c. 1 10. The 
case being decicfed on another ground, it was not neces* 
sary to determine that point. But it seems to be clear, 
that such an order is not within the meaning of the 18th 
section of the act. B, 

A Praakal Treatise of the Law ef Evidence^ <knd ^^ 
o/Procfe in Civil and Criminal Prwaedingi. Tnird 
jBditum, ivith contiderable AUenOions and AddUiona. 
By Thomas Starkie, Esq., of the Inner Temple, one 
of her Majesty's Counsel. 3 Vols. B«o. London^ 1842. 

\Stevms 4 Norkn.^ 

No branch of positive law is so generally interesting 
in theory, or so exciting in practice, as that of evidence. 
It is almost the only one which can be rendered at- 
tractive to an unprofessional reader. Its object l>eing 
the discovery of truth, it takes rank as a branch of ex- 
perimental philosophy; and, as it is perpetually tested 
m practice by the common sense and knowledge of 
mankind, and is concerned with the establishment of 
particular facts, and not of general truths for genend 
use, it has escaped much of that perversion fh>m tech- 
nical reasoning and sinister influences by which other 
departments of the law have suffered. To borrow the 
words of Mr. Starkie, ** however widely different codes 
may vary from each other in matters of arbitrary or po- 
sitive institution, and of mere artificial creation, the ge- 
neral means of investigating the truth of contested facts 
must be common to all. Every rational system which 
provides the means of proof must be founded on expe- 
rience and reason, on a well-grounded knowledge of 
human nature and conduct, on a consideration of the 
value of testimony, and on the weieht due to coincident 
circumstances. Here, therefore, tne object of the law 
is identified with that of pure science ; the common aim 
of each is the discovery of truth ; and all the means 
within the reach of philosophy, all the connexions and 
links, physical and moral, which experience and reason 
can discover, are thus rendered subservient to the pur- 
poses of justice." 

The subject, thus attractive in itself, has been most 
fortunate in its expositors. There are now, honourable 
rivals for public favour, two general treatises on this 
extensive and intricate branch of law, of which it is not 
too much to say, that they excel all the text-books of 
the day in the combination of leaminpf and research 
with dear method and scienttfie precision; while the 



74 



THE JURIST. 



important department which comprises the rules of evi- 
dence applicable to proceedings in equity has been 
treated with considerable ability by Mr. Gresley; and 
upon one isolated topic, that of the application of ex- 
trinsic evidence to tne inteinpretation of wills, Sir J. 
Wi^m has favoured the profession with a dissertation, 
which possesses all the merits, and is &ee from some of 
the detects, Uiat characterise the celebrated essay of 
Feame. Of the two general treatises, Mr. Starkie's 
is undoubtedly more philosophical in its reasoning, 
and more scientific and metho<ucal in the detidls of its 
arrangement than its rival ; in other respects it would 
be difficult to decide between the claims of the two 
works^ so far as thev concur in design. Mr. Phillipi>s's 
work, however, (tnat is to say the last edition, which 
was published in 1888), labours under this disadvantage, 
that it is confined to an examination of the general prin- 
ciples of evidence, and does not treat of the rules appli- 
cable to particular subjects and actions, otherwise than 
as they illustrate those general principles. Mr. Starkie, 
on the other hand, reserving the first part of his work 
chieflv for the discussion of general pnnciples, devotes 
two closely printed volumes to a digest, alphabetically 
arranged, or the rules of evidence and the proofs apph- 
cable to particular subjects and actions. It is in this 
that the great practical superiority and utility of Mr. 
Starkie's book consbts; without which, we fear, its 
merely literary and scientific merits would scarcely 
have guned for it the popularity which it enjoys. Un- 
der the alphabetical arrangement of this second part we 
find, besides the particuliur heads of Assumpsit, Bank- 
ruptcy, Bills of Exchange, &c., many titles of a general 
application, but which conveniently admit of being dis- 
cussed by themselves. Such are the titles Admissions, 
Collateral Facts, Confidential Communications, Custom, 
Death-bed Declarations, Estoppel, Statute of Frauds, 
Inspection, Limitations, Parol Evidence, Prescription, 
Presumptions, Stamp, &c. 
. The new edition has been long expected and long de- 
layed ; but the care which appears to nave been bestowed 
on it, and the peat additions it has received, are some 
excuse for the lateness of its appearance. Among the 
subjects of importance which appear to have received 
particular attention, we may mention — Assumpsit, 
Bankruptcy, Bills of Exchange, Distress, Ejectment, 
Parol Evidence, Partners, Insurance (under the title 
Policy), Sheriff, Trespass, Trover, Vendor and Vendee, 
Will. Under the last title, Mr. Starkie has treated 
many of the cases relating to the parol explanation of 
written instruments, which, we think, might have 
found a better place in the general discussion of the 
rules as to parol evidence ; but we are aware that it is 
a common (though we think unfounded) opinion, that 
the rules of evidence in aid of the interpretation of wills 
are different from those which apply to instruments 
inter vivos. 

Our remiuning space might have been advantsgeously 
devoted to a notice of some of the interesting points 
which have arisen upon the recent statutes ana deci- 
sions, but the conduct of our contemporary. The Law 
Magazine, has furnished us with matter of a less at- 
tractive kind. The Law Magazine was formerly a well- 
conducted and agreeably written periodical, free from 
offence, and, in spite of some wild and flashy specu- 
lations by which t^ros were occasionally dazzled and 
older lawyers astonished, was not altogether useless in 
the business of the profession; although its chief at- 
traction lay in the very spirited legal biographies, from 
a pen which seems to be now laid aside, or devoted to 
otner objects. Of its present merits or fortunes, we 
hear little ; but we are sorry, for old acquaintance' sake, 
to see it disgraced by being made a vehicle for such 
shabby and dishonest attacks as that upon Mr. Starkie, 
which appeared in its last number. A critic may some- 
tiJDPiOB he led abng§t unconsciously into injusUce by per- 



sonal antipathy; but Mr. Starkie's amiable and unpre* 
tending character would be the last to occamon any de- 
lusion of that kind, and the article in question bears 
such internal evidence of conscious falsehood, that its 
writer cannot be allowed even the poor excuse of per* 
sonal pique. It is obviously an interested and merce- 
nary misrepresentation, — intended, not to protect the 
public, but to damage a successful, and therefore ob- 
noxious rival*. As such, we should not have been dis- 
Ced to notice it; but the publishers of Mr. Starkie's 
k, naturally feeling indignant at this attack upon 
their property, and upon an author for whom they feel 
great respect, have requested us to look into the matter, 
and, if we should detect the knavery, to expose it. 
We see no reason for refusing to do them that justice, 
or for attempting to conceal that we do it at their re- 

?uest Mr. Starkie's complaint has already appeared, 
ante, p. 35). 

It would be an excellent arrangement, both for pub- 
lishers and readers, if authors could be persuaded to com- 
plete the whole of their manuscript before sending any 
portion of it to the printer. The plan would then be 
perfectiy digested, the references accurately made, and, 
by reason ot its rapid progress through tne press, the 
work would comprise the latest information, without 
the incumbrance of an appendix. But, alas! authors 
are not so tractable; they can no more keep their 
"copy" by them, than boys can keep halfpence; and 
never rightiy know what they have done, until thev see 
it in print. Whatever may be the cause, books seldom 
pass through the press with one fifth of the speed which 
the mere processes of composing and correcting the proo& 
would allow of; and publishers generally find the delay 
to be greater, in proportion to the ability and learning of 
their authors. The more they love their labour, the 
more they dwell upon it. Mr. Starkie's work appears 
to have been nearly three years in the press. The ne- 
cessity of printing a copious appendix, like that which 
was published with the former edition, arranged in the 
order of the text, and containing the latest cases, seems 
to have been foi-eseen ; and Mr. Starkie, having that re- 
medy in reserve, was even less anxious to expedite bis 
work, than he might otherwise have been. The policy 
or convenience of publishing the book before the Ap- 
pendix and the Index could be prepared, we think very 
(luestionable ; but as no one is obliged to purchase it in 
its incomplete state, it is not easy to see what quarrel 
can be picked, either with author or publisher, on thst 
score. What advantage a dishonest critic can take of 
fiuch an irregularity, we have, unfortunately, an oppor- 
tunity of perceiving. 

The general charge brought against Mr. Starkie b^' 
the Law Magazine, besides " twmberlets minor rei>eti' 
tions, errors^ and omissions," is, ** the total omission, 
OTy at best, most careless insertion of large and important 
subjects connected with the law of evidence." There 
is a great difference between a charge of " total omis- 
sion" and one of <* careless insertion." The former 
might be capable of demonstrative refutation — ^the Iwr 
ter, being matter of d^ree and of o{inion, could. not be 
BO easily disproved, and serves to fall back upon, when 
the graver charge is questioned. It is as if one. should 
say to the reviewer : " You are a conscious liar ^^' 
lumniator, or, at best, an ignorant fellow." If M.r. 
Starkie had been guilty of " totally omitting" one sm- 
ffle large and important subject, would not the reviewer 
nave been too happy at the opportunity of saying so 
unequivocally, without this miserable prevarication! At 
the outset, he confesses himself too great a ^^^^^^ 
his task. The same sweeping charge is insinuated at tne 
conclusion of the article, in these words: " ^^^?%q 
sugg est, that a corrigenda should be added, and tosttg^ 
"*"Wc trust that it is needless to disclaim the slightest rrfer- 
ence to Mr. Phillipps, or his able editor, Mr, Amos, m tww 
remarks. 



THE JURIST. 



7S 



aathor ahonld hATe time to nuke ample earreeUo nt and 
idditkuu. Let the mot$ maocuraie pages be boldly can- 
celled, and their contents carefully remodelled." Here 
is ptonuse of enongh tainted matter to feast the most 

S critic. Bat before we examine the particular 
that hare been selected^ it may be worth while 
to cite soother general charge, which betrays the animus 
of tbe article : ¥re mean, that of ** the inferiority of the 
jiaper, and the badness and variety (see pp. 722, 723, 
Sod ToL) of the type." The book, to be sure, is not 
goi vp in the style of an annual, but the pa]^r is fully 
egoal to the aren^ of law books, and certamly better 
(toman unezoeptionable standard) than that of Uie 
Law Mapsine; while the typomphy is, as Messrs. Han- 
sM im always is. ezoellent; the type evidently 
new, and well worked. The single instance of ** va- 
netf " refiened to by the reviewer, illustrates, we hope, 
notbing wone than nis ignorance. There is no variety 
of trpe; Ini pp. 722 and 723 appear, bpr the binder^s 
mail at the foot^ to be a cancel, nom which, in order to 
joakeitMoi for the added matter, the leadi between the 
fines hare been removed, just as is occasionally done 
vitb tlie leading articles of Thb Jurist, and other pe- 
ludiealfl. 

Thii blanch of Mr. St«rkie*s work which relates to 
the competency of witnesses is first fastened on. The 
teit (YoL 1, p. 119) stands thus:«-<« 4thly, a witness 
tr iBDompetent where the record would, if his party suc- 
ceeded, be evidence of some matter of fact to entitle him 
to a leeal advantage, or repel a lesal liabilit^r." The 
oonise Mr. Starkie had Idd aown and was pursuing in in- 
troducing this proposition, was, first, to consider the ques- 
tum of incompetency, independently of the enactment of 
the icceot statute, (3 & 4 Will. 4, c.42, BS.26and 27); 
ttdthen to shew in what cases the statute restores com- 
pc^ocf ; and it is while he is treating the subject in- 
depeadently of the statute, that he lays down this fourth 
FopoatiQii. The reviewer, however, deems the oon- 
■doitioo of this fourth class of cases to be unnecessary; 
^^fcum «it is quite dear that the statute embraces all 
OKs under this head ;" in other words, that a witness 
is made competent by the statute, whenever the record 
▼Dold, if his party succeeded, be evidence of some fact 
to entitle him to a legal advantage, or to repel a legal 
^iahilitf . TUs position is erroneous. There are many 
cam in which competency would not be given by the 
itatnte to a witness within the fourth cliuss. An in- 
■tUKe ia given by Mr. Starkie, in the case of Stuart v. 
^^m, (1 Stark. Ev. 125; 1 M. & R. 472), where a 
vitneas, who was called upon the trial of an issue from a 
court of equity to support a modus, and thouffh not a 
puty, vet being interested in the decree as evidence of 
thenght, was rejected, on the ground that the decree 
fcpnded on the record would be evidence for him, not- 
vithitaadinff any indorsement on the record. From 
the second objection taken in the same case, and acceded 
^ V Mr. Buon Alderson, it appears also, that there is 
T?J P^ doubt, whether a witness within Mr. Star- 
w faiirth class is competent, where the record, al- 
^<n2gh it would not itself be evidence for or against 
^1% establiahes, or tends to establish, a practice oene- 
jjciaJ or hurtful to him, as evidence. Witnesses within 
the ibnrth class are also, according to the later autho- 
n»a» (overruling JVheat v. Orahamy 7 Sim. 61), in- 
competent in courts of equity, notwitlistanding the sta- 
^te* (See Daviea v. Morgan, 1 Beav. 406 ; Holden v. 
««ars, Id, 446). But, whether this were so or not, 
*. Starkie's mode of treating the subject is equally un- 
"^pwcbable and free from ambiguity. 
. The Law Magazine proceeds:—" Two Nisi Prius de- 
caona are then cited, (Vol. 1, p. 196), which were 
oterruled in Feosiaiu v. Legh, (2 Mee. & W. 419) ; but 
^recent cases ofBtnoman v. TFiUia, (3 Bing. N. C. 
^); KnifJU V. Woore, (7 C. & P. 268); Groom v. 
^^^9{fiC.&1^.6O0)iJack8QnY.QaH(no(wAli**^)p 



SUere v. Carwardmey (Id. 570) ; IMkuan t. Ferreda^^ 
(Id. 762) ; and Wed^iwood r. HarO^, (laAdol. & £11. 
619), which all, more or less, illustrate the practical 
working of the statute, are whoUjr omitted. We may 
here observe, that a few pages might with profit have 
been bestowed in pointing out instances where wit- 
nesses, though no longer oompetent on the ground of the 
admisaibility of tiie verdict, might still be held so, as in- 
terested in the event of the suit.'* 

£very reader of the first sentence of the above ex- 
tract must infer, that Mr. Starkie has cited the over- 
ruled Nisi Prius cases, and has omitted Yeomame t. Legh. 
The reviewer does not dare to say so, though he is not 
ashamed to insinuate it, with the book open before him^ 
at the very page where they are dted ae overruled by 
thai eaee; but, lest this ingenious fraud should be too 
easily detected, the reader is referred to p. 196 of Mr. 
Starkie's work, nearly 100 pages beyond the passage ac- 
tually intended. Two of the five cases charged to have 
been omitted, are to be found in the work ; and we may 
here observe, that nine other cases, the omission of 
which is chained in another part of \h» review, are all 
to be found in Mr. Starkie's book, in the proper places, 
namely, Dueiworth v. Harrison^ Boye v. Anoelly Same* 
hmy V. Matihewi, Laweon v. LamgUjfy Wamiefe v. 
JS^arpOy Willia t. Laagridge^ Aberervmiie v. jHiJtman^ 
NoweU V. Damee, and Bt^nHm v. Cattle. But, as to 
these charges of omissions, it is obvious enough, that & 
writer cannot be expected to cite every case that the re- 
porters have chosen to record, even upon those subjects 
which fall directly and distinctly within the scope of 
the work, much leas upon those collateral subjects 
which he does not profess to treat fully. A 1ml posi- 
tion is not rendered more correct or more useful by cit- 
ing twenty cases than b^ citing one. If any one would see 
how disagreeable and inconvenient a text book may be 
made by such superabundant citation, let him turn to 
Mr. Ram's learned Treatise on Assets, a work of great 
merit, but much disfigured by this fault. It is the part 
of a text- writer to select leading cases from the mass of 
self-evident and identical decisions with which the recent 
abuses of reporters have bnrthened the profession. The 
accumulation is already so enormous, that no treatise,un- 
less its bulk were as unlimited as that of Viner's Abridg- 
ment, could contain them all. We have no doubt that 
all the cases of any importance, which were not pub- 
lished when Mr. Starkie^s book was going throngh the 
press, or which escaped his notice, will be included in 
the Appendix, which, as there must be such an impedi- 
ment, may as well be large as smalL The reviewer could 
not, in the ftce of the notice in the first volume, and 
of the Appendix of 226 pages to the former edition, be 
ignorant that this was intended. To return to the subject 
of competency: the few pages which the reviewer de- 
nderates to point out when witnesses may still be held 
incompetent as interested in the event of the suit, are 
those very pages which he has already misrepresented. 
The author having first exphuned and classified the 
cases where witnesses were moompetent before the stfr« 
tute, and then stated the cases in which the statute re- 
moves the incompetency, has necessarily shewn in what 
cases it remains. 

The next, and the only chai^ of all which would 
be of any consequence, even if all were true, is, that 
the New Rules of Pleading, limiting the effect of the 
general issue, and circumscribing tne species of evi- 
dence that may be proved under it, are passed over al- 
most without comment. Will any one believethat Mr. 
Starkie has been guilty of such gross neglect ? The pas- 
sage, italics and notes of admiration included, runs thus : 
** Great was our surprise and disappointment, when, on 
looking to the head < Rules of Court,' vol. 3, p. 979, 
we found the New Rules of Pleading copied out vei> 
batim, and just Mrss ouea, firom the 9th vol. of Messra. 
C;anington & Payne's Raporta;, exphmatoiy of their 



19 



THE JURIST. 



operation ! !" The tevlewer ^as here contriTed to be 
guilty of something still more mean and dlflgraceful than 
a direct falsehood, and yet the letter of the tmth is not 
infringed. The title << Rules of Court" contains no 
more than the reviewer describes it to contain, and it 
would hare been a gross violation of method, as he well 
knows, if it had contained more. Mr« Starkie has, of 
course, discussed the rules in detail, wiUi refersnce to 
numerous authorities, under the several heads of As- 
sumpsit, Case, Covenant, Debt, Detinue, Negligence, 
&c. ; and it is impossible to look at those heads, with- 
out seeing that he has done so. The head, '^ Rules of 
Court," was obviously only ersated in order to collect 
the rules together for the purposes of reference. 

The reviewer then takes np the subject of Variances, 
and, alluding to the enactment of the Stdrd section of the 
stat* 3 & 4 Will. 4, c. 42, relating io amendment of im- 
material variances, says, that Mr. Starkie ''contents 
himself with referring, in something less than two pages 
of notes, to a few oases on the statute, the lat^ of 
which was decided more than five years back. All of 
tliese too, almost without exception, are to be found, 
and in the $ame order a$ ih^ are taken by Mr. Starkie^ 
in the last edition of Mr. Phillipps's Trsatise, published 
in 1898." An impudent insinuation that Mr. Starkie 
has pilfered the matter for his new edition from Mr. 
Philiipps^s work. The '' few" cases cited m the note re- 
ferred to, and the order in which they are cited are as 
follows : " Hanbwry v. EUa^ Parry r. JMrhura^ Doe r. 
ErringUm^ Pullen y. Stymour^ John v. Curriey WaUnne 
V. Morgan^ Cooper v. WhUehureh^ Adame v. Power^ 
Hemming v. Parry ^ Mash y. Denham^ Ivey v. Yaung^ 
Party v. Fairhursty Doe v. Edwards^ Howell v. Thomas^ 
Hill v. Streety Frankum v. Earl of Falmouth^ Quest v. 
Mwes, Jenkins V. Trtloar^ Lejeunev. Dennett^ and Sheers 
y^ PhiUf," The cases cited in Mr. Phillipps's work, are 
the foilowinpf, and in the following order: — Jenkins 
V. Treloary Hanbuty v. Ella, Pony v. Fairhursif Doe 
v. Edwards^ Hemming v. Parry, Mash y« Dtnham, 
Howell V. Thomas, Ivey r. Young, Doe v. Errington, 
John V. Gurrie, Adams v. Power, Cooper v. WkUehouse, 
Watkins v. Morgan, Hill v. Street, Frankum v. Earl of 
Ihlmouth, and Quest v. Elwes. Certainly a most re- 
markable identity of citation and arrangement ! 

Mr. Starkie is next arraigned for not having stated 
all tlie decisions upon the recent Statute of Limitations 
which are to be round in the Indexes. Considering 
that the majority of them have not the slightest con- 
nexion with the subject of evidence, we should have 
been rather surprised to have met with them in Mr. 
Starkie^s book. In the same spirit it is elsewhere la- 
mented, that the whole of Bum's Justice is not to be 
found under such titles as Bastardy, Affiliation, &c. 

In treating of Prescription, Mr. Starkie has commit- 
ted three capital felonies, of none of which shall we at- 
tempt to acquit him, but rather shall confess ourselves 
accomplices after the fact in the second of them. First, 
he has treasonably allowed the words " less objectiona- 
ble" to be printed instead of ^'unobjectionable;" se- 
condly, he atheistically opines, that the recent statute 
has not supeiBeded the occasional necessity or conve- 
nience of pleading a non-existing grant or a prescrip- 
tive right; and thirdly, he has, of malice aforethought, 
cited Mr. Baron Parke's admirable and vidnable judg- 
ment in Bright v. JValker, well knowing that the learned 
judge has therein alluded with approbation to what Mr. 
Starkie said in a former edition of his treatise. Fie, 
Mr. Starkie! 

In the next place, and to conclude, for we are weary 
of this stuff, Mr. Starkie has not brought in the crimi- 
nal statutes of July, 1687. Again we say, we should 
have been surprised to meet with them in a digest of 
proofs. They have varied the punishment of several 
offences, but the proofs requisite for convicting parties 
charged with them Remain as before. However, u con- 



nexion with ^eae stataies^ ltappettf8tltatMr«Sttikie 
has committed an oversight in not alteriK his deini- 
tion of burglar^-^the time within which mi ofeiics 
may be committed being no longer re^^ulated by the 
amount of daylight, but being on invariable period oi 
nine hours, vis. from nine us the evening to ax in the 
morning* 

These are all of the ^ graver chamt," from which the 
character of the aeoond division of the eritiqne^ which 
is devoted to " minor" errors and fiinlts of etjie^ may be 
divined. We may ^are onr readers anr fnfther com- 
ment — ^the imputations upon Mr. Starkie's charicttr 
have been sufficiently reftited ; as to thai of the critic, 
we fear, if we do not mistake the pea, that it Is past 
the reach of advice or caunno^OaniabU wumus coram 
latrone viator. S. 

Impertel yarUawint. 

HOUSE OF LORDS. 
Monday t Feb. 28. 

Lord Brotigham bid en the table a BiU for the BMbM- 
ment of Local Courts, which he stated to be similar to the one 
introdaoed by him eight or niae years ago. His Lerdshipvu 
aware, that the late I^rd Chancellor had expressed an inteatioii 
of bringing in a Bill for the Kstablishmeot of Coanty Coorto; 
but that Bill would fall short of what he (Lord Brougham) fro- 
posed to effect. For example, his noble and learned fnend 
proposed to extend the jurisdiction of County Courts, in mat- 
ters of debt, from cases of 40«. to 20/. ; and they were also to 
be made available for purposes of bankruptcy and insoltency 
cases. His (Lord Brougham's) bill would also give to the 
Local Countv Courts jurisdiction in all matters of £bC of 20/. ; 
but he would go beyond that, and give tkett power to try all 
actions of tort, or asMult and battery, of libel, and of aedoe- 
tion; of fraudulent bankruptcy cases t and, in fimt, of sU per- 
sonal actions, provided the damages sought to be recovered did 
not exceed 50/. There was another, aiMl most important part 
of the measurei which he would retain, namel|', that the Jooges 
of the County Courts should have a voluntary jurisdiction uiao* 
tions to any amount, where consent of both parties was given 
in writing. Those parties who consented might have justice 
administered in actions to any amount at, he might say, their 
own door. There was a part of the former bill which be would 
also propose to retain. He meant the clause of reooncUemeut, 
whicn bad been productive of so mudh advantage in preventing 
litigation wherever it had been tried. He might meatioii, that, 
in one country, not that in which it had been first applied, 
but one in which it had worked exceedingly weU, the klngdosi 
of I>enmark, its effects had been so adutary* that, oat of 
31,000 causes entered for hearing, 21.000 had been settled by 
this clause of reconcilement, thus saving the partiBs a great 
deal of tedious litigation, and a vast amount of expense. Tbit 
clause he would retain in his present bill; and, in fact, be did 
not propose to make any material alteration, save in the 19th 
section, which related to Cottrts of Request. His Lordship 
added, that the bill had the approbation of the Commissioner! 
of Legal Inquiry. 

The Lord Chancellor said, that it was his intention to lay on 
the table, in a few days, a Bill havhig the same oliject as that of 
his noble and learned friend. There would be, then, three 
Bills on the same subject before the Hoase, hiclading thst of 
Lord Cottenham. 

Lord Cempbeil hoped, that, before the present sesskm dosed, 
some measure would be passed for establishing improved Low 
Courts. This was the only country in Europe that was with* 
out such Courts. It was true there were County Courts, but 
they bad fidlen into desuetude. 

Tuesday t March 1. 
Lord Campbell said be had prepared three Bills ^or the con- 
sideration of their Lordships, and he would then state bnefly 
their nature and object ; reserving to himself to enter more into 
detail respecting them, at a future period. His objects were : 
firstly, tohnprovo the administratiohof justice hi that Houses* 
a Court of Appeal, in tiie last resort ; secondly, to alter tiie p^ 
sent system of appeal to the Judidsl Committee of ^rl^ 
Council ; and, thirdly, to reform tiie admhiistratioa of Jitw<^ 
hi the Coast of Chneery. 



Tfnt JttRfsr. 



7T 



Hk LdiMlip'i objMtioiii to the i^TMent i^ttew In (lieM re- 
ilm^ «en, fitat theite wfcre two CcmHs of A ppeat of eo-ordioate 
jfcilagftto . ByOiftprMentixHistitutioDoftheJtidicialComlitiit. 
! flf the PHr^ Council, Bppeali ffom the Admiraltf Courts, 
~tf 6f die Eedeiisstical Courts, and tbe Courts in the colonies, 
t ttr fhak tribttnal; while appeals from the Coort of Chancery 
miA the Courts of L«w went to the Honse of Lords. In certain 
ottcs ft s«ltofr mii^ take his Uppeal either to the Honse of Lords, 
ortsfiieiididal Committee of the Privy Coufidl ; and Itmi^ht 
**— "^ a, (hit a question of law, arising in one Conrt of 



Afferf. orfghlt he sent Ibr'ttial to a Conrt below, and hate an 
qnMfiodttlMideehiott to the other Cottrt of Appeal. Another 
eiiants^ iif ha^io^ ■ single Cotirt of Appeal would be, the se- 
eut^ ft aajbfe and eftdent bftf , and, as a result, a diminntion of 
flMs t6 m^iMUi On bftlandnff theyarlons considerations, hewas 
•TeBtani, fbat tiie Conrt of Appeal should be the House of 
iMI; Wdi bald the advantage of being able to command the 
at^nfrntt ti flte judges, which the Juacial Committee of the 
IffHt Cdiflri had not. He proposed, therefore, to transfer to 
ttie m^ d Lords aO appeals from the Condstoir Court, the 
Celrft sfAAnfrei ty , and the Colonial Courts, and also all ap- 
petk ib Lenaey. To ine^t this increase of judicial business, 
M LMMfp ptiopoa^d that the Crown should have the power 
<^ <itonu6in g &e Hotise of Lctrds to Sit hx the recess of Par. 
JImhsI ^ jttdicta! bnainess only. He proposed that th6 Lord 
(Mttfflar ilNMdd preside in that House, as the supreme judgd 
rf^fre ii. IS^ tun H would be re<{uisite to meet this new ar- 
iBijftilfiif hf an iinpr6vement in the Court of Chancery, lie 
ifflpiirt, fl bcfe fo re, to have a permanent Chief Judge in Equity. 
n#fMsldl% ^udge in EqUify should be selected from some 
^ fttii jod^ already sitting fta Vice-chancellors ; and to 
Ub m ipfr|fiial ahould lie, nk befor«, to the Lord Chancellor; 
tfri fboolliit dedsHnx an appeal would go to the House of 
Lordi. Iw, be Hiought, ^ould be a great improvement, ais 
B MelllhRB liie Lord Chancellor at Lincoln's Inn to the 
IiM €hiBec3Iof in the House of Lords was a mockery. 
ttSa LttwdtP, tittf^ discussing the objections to bis plan, then 
^M) Te<itaM, that his first bill would be for removing to the 
HeoitirfLDtds €he appeals noir sent to the Judical Committee 
rf ttft IfHy Cmmeil ; hi« second, to enable her Mjyesty to 
■ ftlBotzse of Lords to transact judical business dur. 
I f and tnc third, to appoint a permanent pre- 
/ji^pe te tbe Court of Chancery; and he thought it im- 
pMfe^ HMt he aBonld be one of the four n^ sitting in the 

ne hard Ohdheittot observed, that, as his noble and leftrned 
fifstad hai lidt been kind enotigh to communicate the contents 
of kis BiUft to him, he wils unable to follow his noble and 
karacd friend iflto mtf details, and must eonflne himself to 
8Q«w ^hnW g lia e i ^ atkJ B i . With regard to the CoUft of Chan - 
ecTf* ftia lUldfthip said, tiiat the bill of hia noble and learned 
friaidt (JLard Gettenhftm), irMch had lately come into opera- 
tlsBi had been aCfeeaded by thoM resalts which he had felt 



t VoaU flow ftom it. In November last, when the bill 
caae iito operaftieii« there were upwards of 500 cauaea waiting 
far hawiagtf and tbat atate of things had eontiaacd for a oonsi- 
desidUe p^ikt^ Since November a30 new oausea had been set 
dewn, aial[ii%« la all, 7dO caoaes In arrear for triaL New< in- 
Jariartii i a tf» aew eaaaei as well aa the old ones, there were 
only Utt aanaea is avretff. The increase of buahieas, aa had 
hen i aii e ip a tad , was very conatderable ; it was no leas than 
libiity peroent., exdaaive of ttose eausea tbat Were not yet ripe 
fail I ■lag. Tke nudn question, however, was the appeals. At the 
preaeai naaaonti there were not more tlnn twenty «four affpeals ; 
>nd he was aatiafied, that when the business fell regularly into 
1(9 wrdiiiaii ahaniiel9> tliere would not be more than fifteen 
Of tveaiy aypcala each year. Aa to the objection^ tbat an 
apfol. from the CbaneeUor to the Chancellor waa unwise, 
that objactknif he apprehended, was founded on inattention 
to the weight and impertaiioe of the judicial character ; he 
(tte Lord Chancellor) would undertake to say, that, when a 
eaaae caaae before a judge, either on reheariuff or appeal, he 
^iMld look Witti even more cAution to the considerations which 
ktf iadttaieed his previous judgment, than if it had been the 
jadgBieiit of inodier. But, besides this, the Lord Chancellor 
<ild not iit on appeals alone ; he had the aid of other noble and 
lettndd Lordi, aM the decisions come to were not the decisions 
ef tile Lord Chancellor, but had the benefit of the most careful 
tB Bftht^litl l u B bf tile other noble and learned Lords. With re- 
pkt tA tMMffidil CoBlihittee of the Privy Council, they were 
dM Hjpttt to abdDih it, thoui^h it was o^ a fern yann tfnee 



ther had thotght fit to extend and oonaCrKdate ft. The oonsti- 
tutfon of that tribune was admirably fitted to deal with the 
questions brought before it— questions embracing avast variety 
of Foreign Law, European and Oriental ; there were the judges 
of England to advise on English Law ; the Equity judges for 
questions of Equity ; there were the judges of the Eccleslasti- 
cial Courts to decide on matters arisang out of the Ecclesiastical 
Law ; and judges of the Colonial Courts who were able to give 
advice on Oriental Law. There was not the alleged difiSculty 
of bringing this tribunal together. But the strongest argument 
against the alterations proposed by his noble and learned friend 
was, that the Judiekl Committee, as at present constituted^ 
had given unmixed satisfaction. There was now scarcely any 
arrear. There were only seven m eight appeals standing for 
hearing ; and there would not have been even that arrear, but 
for certain Indian appeals #hlch had stood over, because no 
one appeared to prosecute them. With regard to the appellate 
jurisdiction of that House, there never was a period when there 
waa less necessity for interfering with it, m there were no lesa 
than four learned Lords who had filled the highest judicial sta- 
tion« who every day devoted their attention to appeals ; and he 
hoped that the House would not now cither surrender their 
jurisdicticm, or anifer those ^teratfc}ns in it, whddi would' 
ultimately draw danger upon it, or expose it to loee tbat re- 
spect and revarenoe whiob sosae penone wave desirous of un- 
dermining. 

Lord CoitetiAmm approved the principle of his noble and. 
letmed ftiead's measure, so for aa regarded the necessity of a 
permanent head in the Court of Chancery and in the Judicial 
Committee of the Privy CoUnoil, an object which be (Iiord 
Cettenham) had always had in view. But his Lordship thought 
it an unfortttnato tioM to make such a propoaitkm, when an Act 
had recently passed for making aa alteration in the establish- 
ment of the Court of Chancery, in order to dispose of the ar- 
rears; and tiiat experiment had not yet been foUy tried. He 
thought, that, whilst the experiment was going on, it would not 
be wmO to interfere with it, and to nado fai February what had' 
been done in September* 

Lord Brougham thought, that many of the objections of hia 
noble and learaed friead (Lord Campbell) were unavoidable, 
and founded on the necessary state of things in an appellate ju- 
riadiotion, and the dilBoulty of obtaining a sufficient number of. 
Judges well qualified to deal with the questions. He thought 
it a good ground of objection to such a Court aa that proposed 
by lui noble and learned friend, tbat the Judges would sit as 
Judges of appeal only« A due admixture of Judges, not con-, 
fined to the exereise of appellate functions, but who were, on 
the contrary, aaquainted with the procticsd business of the 
subordinate Courts, was desirable. As to the want of an 
efiieient head to the Judicial Committee of the Privy Council, 
that, it was true, was an evil to some extent, but it waa more 
apparent than real, and did not lead to so many practical in- 
conveniences as might be supposed* Each of the J ndges of the 
Court took a oauae in succession, a practice which was found 
to be attended with beneficial results. Then, as to the want of 
an efficieBft bar, that was an evil which no cbanga in the appel- 
late jurisdiction could remove; for, to the extent to which it 
existed, Us Lordship ^ewed, tbat it depended on the great va* 
riety of cases brought before the Court on appeal. The same 
bar would not attend on appeals from Scotland that would at- 
tend on appeals from the Court of Chancery, or from the £c- 
clesiastieal or Foreign Courts. He should wish to see the 
measures on the table before he made up his mind; but, as at 
present advised, he thought that some of the evils, which his 
noble and learned firiena had adverted to, existed rather in 
theory than in practice; and others, he believed, were quite in- 
evitable. 

Lord Campbell shortly replied; and the Bills were laid on 

the table. 

HOUSE OF COMMONS. 
Monday, Feb. 28. 

DtssBKTKRs' Marriaoes' (Irkland) Bill. — Ou the or- 
der of the day for Ae committal of this Bill being read, the 
House went into CoiUmittee. After a short discussion of some 
of the ckittses, the Bill was agreed to. The House resumed, 
and the report was Ordered to be brought up on Tuesday (1st 
March). 

Thunday, Mafth 3. 

Lord Mahan moved for and obtained leave to bring hi a Bill 
to attend the Law relating to Copyright. The ^iresent mea- 



78 



THE JURIST. 



sore would, in many remcts, be the lame as the Bill broii|rht 
in in the last Session of Fftrliament. It would differ, however, 
in this : that it proposed to make the term twenty-five years 
after the death of the anthor, instead of sixty ; and he proposed 
to give the Privy Council a power of interference to prevent 
the suppression of a useftil work by the friends of a deceased 
anthor. 

%on&on iSBjttM. 

TUESDAY, Mab€h 1. 

DECLARATIONS OP INSOLVENCY. 

JOHN ALFRED WOOD, Bromsgrove, Worcestenhire, 

chemist and druggist. 
JOSEPH BARLOW, lichfield, ironmonger and cutler. 
HENRY ROBERT MARCUS, Liverpool, tobacconist. 

BANKRUPTS. 
WILLIAM THOMPSON, Prinoes^street, Spitalfields, hat. 
manufiwtuier, Mareh 10 at half-past 12, and April 12 at 11, 
Court of Bankruptqr : Off. Ass. Alsager ; Sols. Crowder & 
Maynard, Mansion-house-plaee.— Fiat dated Feb. 24. 
EDWARD GREEN, Clifford-street, Bond-street, tailor, 
March 11 at 11, and April 12 at 12, Court of Bankruptcy : 
Off. Ass. Alsager $ Sol. Bromley, South-square, Gray's Inn. 
»Flat dated Feb. 25. 
EDWARD BAILEY, Mount-street, Grosvenor-square, up- 
holsterer and cabinet-maker, March 11 and April 12 at 11, 
Court of Bankruptcy : Off. Ass. Turquand; Sols. Bailey & 
Co., 5, Bemers-street.— Fiat dated Feb. 26. 
GEORGE POULTON TIMBRELL, PhiUp-lane, Addle- 
street, and Milton-millSf Stourport, Worcestershire, wors- 
ted spinner, March 9 at 1, and April 12 at 11, Court of 
Bankruptcy: Off. Ass. Lackingtom; Sols. Bunting, Man* 
Chester; Reed & Shaw, 2, Friday-street, Cheapside.— Fiat 
dated Feb. 25. 
WILLIAM RUPERT PIGGOTT, Goldsmith-street, Wood- 
street, carpet warehouseman, Mareh 8 at half-past 2, and 
April 12 at 11, Court of Bankruptcy : Off. Ass. Groom ; 
Sol. Nias, Copdiali-court, Throgmorton-street — Fiat dated 
Feb. 25. 
JOHN HUTTON, Fenchurch-street, and Myddleton-square, 
Clerkenwell, merdiant, March 11 at half-past 1, and April 
12 at 11, Court of Bankruptcy: Off. Ass. Gibson; Sols. 
Sharpe ft Co., 41, Bedford-row.'— Fiat dated Feb. 22. 
JOHN CRIGHTON, sen., Manchester, machine-maker, 
March 16 and April 12 at 11, Commisdoners'-rooms, Man- 
chester : Sols. Hadfidd, Manchester ; Johnson & Co., 7, 
King's Bench-walk, Temple.— Fiat dated Jan. 31. 
THOMAS MASON, Stowfoid-mills, Harfood, Devonshire, 
miller, March 12 and April 12 at 11, Royal Hotel, Ply- 
month: Sols. Lockyer & Bulteel, Plymouth; Surr, 80, 
Lombard-street.— Flat dated Feb. 22. 
JOHN BROWN, Sheffield, Yorkshire, merchant and fiictor, 
March 19 at 12, and April 12 at 1, Town-hall, Sheffield : 
Sds. Rodgers, Sheffield ; Rodgers, 37, King-st., Qieapside. 
—Fiat dated Nov. 20, 1841. 
SPENCER ROGERS, Dale-hall, near Burslem, Stafford- 
shire, earthenware manufacturer, March 16 at 12, Swan 
Inn, Stafford, and April 12 at 1, Sheet Anchor Inn, Whit- 
more, Staffordshire: Sols. Slater & Heelis, Manchester; 
Milne & Co., Haroourt-bdgs., Temple.— Fiat dated Feb. 12. 

MssTiiros. 
/«t. KirkpmMekf Newport, Isle of Wight, banker, March 
3 at 11, Guddhall, Newport, pr. d. and ch. ass.— Pe/«r Wil- 
liamt and Cka». Mot tram, Wood-st., Manchester warehouse- 
men, March 23 at 12, Court of Bankruptcy, last ex. and aud. 
ac. — GeoTffe B, Bishop and Frances Hildyard^ Southampton, 
drapers, March 4 at 11, Court of Bankmptcf, last ex. — Sa- 
nntel Moore, King '^M^lliam-street, London-bridge, woollen- 
draper, March 4 at 12, Court of Bankruptcy, last ex.— Geo. 
H€$Uey, Savoy-st., Strand, auctioneer, March 11 at half-past 
11, Court of Bankruptcy, hut ex. — lUehd. Hafford, WiUiam 
Henrp BaldoeJt, and 0. Snoulten, Canterbury, bankers, April 
5 at 11, Guildhall, Canterbury, last ex.^HMmphrey J\igweU, 
Whitefields Farm, Holbury and Langley, Fawley, Southamp- 
ton, cattle-dealer, March 7 at 2, Star Hotel, Southampton, last 
ex.— VT. Horsntttiit Dovor, Kent, carpenter, March 26 at 1, 
Shakspeare Hotel, Dovor, last ex.— rAot. Farru, East-street, 
MancSester-iq., baker, March 24 at 12, Court of Bankruptcy, 



aud. ac— /oAfi Btnuer, Milton-st., Dorset-sq., and Presten- 
lodge, Lark-hall-lane, Clapham, timber merchsnt, Mardi 23 
at 12, Court of Bankruptcy, aud. ac. — Jot. Spetkeert Lamb's* 
conduit-street, Foundling-hospitsl, chymist, Mardi 23 at 12, 
Court of Bankruptcy, and. ac.— lUcA. Davies and Bfnworth^ 
TVi/MOfi, Pillgwenlly, Newport, Monmouthshire* ship broken, 
April 1 at 1, King's Head Hotel, Newport, and. ac.- lUeAsrd 
Jksnest PiUgweiuly, Newport, Monmouthshire, commissiou 
merchant, April 1 at 11, King's Head Hotel, Newport, aod. 
ac. — /. Twisse, Manchester, power loom doth manuftctorer, 
March 29 at 10, Commissioners'-rooms, Ifanchester, and. sc. 
— jiims CasaoAtrtaf Manchester, merchant, March 24 at 11, 
Co mmi ssi one rs'-rooms, Manchester, aud. ac.— JiM. ChmmiMg 
Cfummer, Hart-street, Mark-lane, wine merchant, March 15 
at 1, Court of Bankruptcy, div.— IS. fF%t/more, /oA» Welti, 
John WeUe, jun., and Frid. WkUmore, Lombard-st., bankoi, 
March 24 at II, Court of Bankruptcy, div. — Bbenezer Ssjflf, 
Exeter, straw bonnet dealer, March 24 at 1, Court of Bank- 
rap^, div.— 7!Ao«. Wmterbowm, London Hotel, Albemarie- 
St, Piccadilly, hotel and tavern keraer, Mareh 23 at 11, Ceut 
of Bankruptcy, div. — Wm. GUbura, Brighton, wine mochaot, 
March 26 at 12, Town-hall, Brighton, and. ac and fin. div.— 
Ikn, JAttU and Dm. Chalmers, Great Yarmouth and Norwidi, 
Norfolk, drapers, March 26 at 11, Crown and Anchor Tavern, 
Great Yarmouth, and. ac. ; at 12, iin. dir.— £(2i0. Smith aod 
D. Chalmers, Great Yarmouth, Norfolk, linen drapers, March 
24 at 11, Crown and Anchor Tavern, Great Yarmouth, snd. 
ac.; at 12, fin. dir.— Dim. W. Morris, Tredegar Iron Woriu, 
Monmouthshire, draper, March 24 at 12 and 1, Prothero & 
Towgood's, Newport, and. ac. and div. — Wm. Spenee, Dews* 
bury, Yorkshire, grocer, Bilarch 26 at 3, Commissioners'-rooms, 
Leeds, aud. ac.; at 4, fin. div. — Mary dojftim, widow, and 
Hen. day ton. East Retford, Nottinghamshire, drapers, Msrek 
23 at 10, George Hotel, Huddersfield, and. ac. ; at 11, first sod 
fin. div. — Dav. Bdtoards, Pembroke, miller, March 24 at 11, 
Dragon Inn, Pembroke, aud.ac.; at 12, div. — /. W. Green, 
Dartmouth, Devonshire, ship builder, Mardi 28 at 12, Rojal 
Hotel, Plymouth, and.ac.; at 1, div.— /omsif Wilson, Leeds, 
timber merchant, April 15 at 2, Commissioners'-rooms, Leeds, 
aud. ac.; at 3, fin. div. — Christ. WsMer, sen., Hulme, Man- 
chester, banker, April 21 at 11, Commisaioners'»iooms, Man- 
chester, pr. d.; at 12, aud. ac.— FT. Williams, Bridge, Kent, 
brewer, March 28 at 2, Guildhall, Canterbury, attd.ac; at 3, 
fin. diw. ^Hatfield Nicholson, Canterbury, and Thos. Bsylit, 
Whitstable, Kent, coal merdiants, March 28 at 2, Guildhall, 
Canterbury, and. ac.; at 3, div. sep. est. of JST. Nicholson.'^ 
Thos. Atkinson, Lancaster, druggist, March 26 at 11, King's 
Arms Inn, Lancaster, and. ac; at 12, div. 

CnnriCATBS to bb allowbd 
Unhss CoMse shewn to the contrary, on or before March 22, 
Ales. llamas Harwood, Streatham, Surrey, lodging-house 
keeper.— ITin. Wilson and Jos. Wilson, Boston, Lincolnshire, 
linen drapers.- ^ti^. FMl, Hemming, ChisweU-st, Finsbniy, 
elastic surgical instrument maker.— P«f. P. Thoms, Wanrick- 
square, printer. — Dao. Steoenson, sen., Compton-st, Bruns- 
wick-sq., patent safety paper maker and wholesale stationer.— 
Hen. Brownrufg, Liverpool, ooal merchant. — Jamee Topltft 
Greenwich, Kent, grocer.— FT. ^Mot, Walbrook, smnge snd 
India rubber manufacturer. — Jarvis Rainey, SpaUfaig, lin- 
oolnshire, innkeeper.— JBiftcr. Moans, Binningfaam, paintar.— 
B. Roberts, Gower-street, North, St. Panoras, wine merehsnt. 

PAATNnKSHIP DlISOLTSD. 

Naih. Atherton, Bienezer Thos. Clarkson^ and JBdiMs M. 
Whitaker, Calne, Wiltshire, solicitors and attoniies at law. 
Scotch SnaussmATioNS. 

John Weir, Glasgow, tea dealer.—^. Camerom, Jcho^ooe, 
cotton spinner. — Graham Anderson, Dundee, merehsnt— it* 
Jnylis, Wishawtown,. grocer.— il. MeihUjohn Sceales, Edin- 
burgh, merchant. 

INSOLVENT DEBTORS. 
Saturday, February 26, 1842. 
ThefoUowing Assignees have been appointed. Further P»r* 

ticulars may be learned at the Office, in Portugal-st.f Ltn- 

coln*s-inn'fields, on giving the Number qfthe Case. 

Jane Bossiter, Salt-hiU, Buckinghamshire, assistant to tfi 
innkeeper. No. 68,015 C. ; Joseph Hathaway, assignee.-^- 
Fumess, Stannington, Eoclesfidd, Yorkshire, farmer, No- 
58,413 C. ; Chas. Marsden and Robt. Gascoigne, assignees.— 
Nath. Treasure, Reading, Berkshire, dealer in boots and shoes, 
No. 58,466 0. ; DandBnuid<m, asfignee.->ff . B* TVsy'f^ 



THB JURIST. 



70 



BmmB-M., BUmhM^JM 



i,No.H»4rOT.) J. 



»g /bflwfaj ) JViMMft crv ordered to b€ httrnght h^fhm tki 
Cb«p#, m P9rfmg9i'9t.f om Tiutd^iy, March 22 «l 9. 
JMr. BHMMit Haddox-«t., R^gent-fet., teicher of invslc. — 
JAp. Ary«>i#, Helboanie-plaoe, St. John's Wood-road, nxr- 
gfeoft. Tlto^. Suiter t T&veitou-st.y riowington-aiiisfwsy, til« 
tov ^hn4)er.«-YFM, l«lyii, ten., South- erescentf Bf^iford. 
i^., YbttCfAftm-ooiiit-rovd, dentist— ^enrjr J^pont, Albsny- 
niil, Cambetirdl, Surrf , drysalter. — Berrthariif DtmifrHUf 
InucS'O^D^isttiSy wiute nart-st., iLeniiio||tonf Siirreyi coni- 
BBDOB-sMif' rer t!fae sale of dnrs, — lloM. C^arkt Jennjn-st.> 
SL Jtoiert, deiiliBt.-*9crBA Tktn^non, Inner Cndiion-oovrt, 



Old Braai-iL, apinster.^'.HIniry Finhman, Pleaaant-row, 
Kh^t-9Peaa, aoda water mannlSictnrer.—C. HewHnpt, Union- 
st,Q uh > AnrcJ i, Spltslfields, herbaUst. 

Cmi-kom^, Batq, CGiu), ATarcA ?1 af 10. 
naaMltapif, Bath, daimBan.<-*i{«eil. ^afa*. sen., Batb» 
baidier.— J^t^A daxion^ Sath, nver7-8tabIe-keeper.^Geo. 
OnNt, Tlvcrtoii, retailer of beer.--/dAn Mott, Ba^, retailer of 
baer.—^atefii^Mle, Balh, baker.— Geor^f l^etr, Bath, mOk. 
■aou— Iftaat Brmbtt, Brislol, eork cntter. — Wm, Cole, Bath, 
e^tafbasfae^.— Q ea rj e SmeiieomBe, B*th, oerdwaioer. — G, 
Smitk, Baai, Bannftcturer of ginger beer.— YTm. WUtehire, 
GoisnBe, WBtibire, deder in haj.— Gi^ty Weeeoit, Bath« sfaoe- 



Ctwrt A e i s , GmsATTAitMOTmi^^o^/it, IftfrcA 19 a/ 10. 
IT*. SmsUk, Great Tarmonth, grocer.— /smat JVoncif, 
Greit Tarmoath, grocer. 

(hvf-iloMe, MoBwrcB, ^OnrnfyJ, JtfarvA 21 at 10. 
Jftvy F. €V^fDitf, Great Yannonth, cabinet-maker. — Wm. 
DksvMB, Wdb next the Sea, comptroller. — Geo. LttnedeU, 
'Wlafuthiiy, batcher.— FVm. Ward, Weasenham, St. Peter, 
oilaf buA s eaa . — /. 8, F^Uettf Lndham, ont of business. — 
Ate MtHh^ North Walshaw, shoemaker.— IT. B. Smith, 
Gieil T«BOtidi, fentleman.— IFm. George Gardner, Great 
TaiWNih, ivpe-maker. — Wm, Fo», Heringham, hawker. — 
Get. BvMljr, Great Tarmonth, twine-spinner. — G. Cntrme, 
Great Ttnonth, eating-house keeper. — John Dmrenii, Snet- 
tidHB, t£m, — yaAii IRmI, Yannonth, ont of business. 
Cmf-haataa, Norwich, (Gtty), March 21 ai 10. 
Jrn^ Scatter, Norwich, cabinet-maker. — Jamea Vaeear, 
Kniih.ontof bnalBeaa.^JM» Amm, Heigham, " 
bshar.^f«M. Wm. Jirw^, Nofwioh, ont of basin 



"Geo. 
JCw, Norwidft, cabmet.4BdE«r.-^^. L epa a d , Noiwioh, ostlar. 
-JSr«n. JU%, Honford, NorfDlk, cattb.d«der.-*V. Laeev, 
Nonrish, flaalerarv— Geo. fbate, N<lrwid^ pnblie«i.--JMbi 
Cni^y ^Mf wicwf swnrsyor^s olefm.*— iiciiry Suiter f Norwioh, 
iaiar. /— ai Oasfo, Nonrfch, habcidaahar. Go o* Jank, 
Natwidi, iMhiiBan.— JiMbi J90s«r, Narwidi, sllk.we«for.--*C. 
JiW, Kovwidb, bnlBher.-^jIbte Jary, Norwioh, out of busi- 
aasB-^mK. H. Johnmmj Norwidi, medioal atndent.— JoAti 
Mn#« NOTarfeh, ahoemakar.-*€K«rl«f JTttflM, Stoke, Holjr 
Cnat» wmm Nonioh, ahoMnaker.^-jrjramia* GHdtaa Tallmt, 
NowJA^nrfwMtwakar. 

COmr i 'Mau oe , CBssrsn, (County), March 21 ai 10. 
BIcidL XAiyilf Dnkenfiekl, near Staley-bridge, grocer. — jR. 
Seet, 9tBlBy*Mdge, grocer.— »H^. Oldham, Dukenfield, car- 
pcitar. — <£so. Muir, Seaeombe, builder.*- nPm. NoweU, Ches- 
Ui|^ Stoekport, out of business. — /of . il//|iiJO», Stockport, 
i isu u km ii^woaTer. — Joe. Hillt, Woodside, North Birkeo- 
Boi, painter.— Jfcmnwef Wiide, Gee Cross, near Hyde, out 
ofb«4aB.--*ll^. ITiMr, Hartftsrd, dark or agent to the 
Gnad ImsHwi BaUwair Coopaaj.^^^. BauUon, Bellavae, 
Woodnde, aoar BirkenhaadI, oat of busineas.-*G0orpv ^odd, 
OztQo« near Birkaohaad, lioeBsad vietnaUar.— IFm. Hatch, 
Ifinmaait, <mt of bositiess.— »r«k HeuehoU, Jan., Stockport, 
dssier In hvaMb— 7%0ff. Jfoas, Eaton, near Congleton, farmer's 
Infc e wu. ' » / a a . Jmph^ BomiUf , near Stockport, labourer .«» 
'^Wuu Wmraham, Stockport, pensioner in the horaa-artillary. 
— JBd. DarHagton, Stockport, oat of business. — Thomaa Hill 
17iasM» GiwI Budwoath, nesr Koffthwieh, aaaistant to a sur- 
g sB ad J ts ai y A Xaaa, jnn., Ueaton Nonia, Lanoaahira* near 
SiBskpoit, 0tttaf baaiaaaa.— 2!/lomatlfa<^ Wiaaiord, oatof 
hswBsai. Mweni. Mmniharu, Gadlof , near Hyde, assiataDt to 
S|rDesr.^-«JUhi Gould drwiu. Chaster, ont of businaas. — The 
Met, Wm. Hemry Tuer, Cheadle-heath, near Stockport, oierk. 
-^Mehd. Jhite, IMsbanfidd, ont of busineaa.— IFiii. Jeukh^ 
«•!} AMaclon, hrick ^ mfc s r .^/<iwMt Sharp^ Birk«nhead« 
^ook-kgjpKf • pjjiwr ^Woa. Batiam. Navtao* imbt Mid^ 



dlawleh, dtoamaker.— 21bof. Booth, StoakpoK, tailor.-^flbat. 
nUMMffoa, fitoekport, out of buaineea.^w^in. H. Mmekenete, 
Birkenhead, out of businaas.— ^aary Buehmaeter, Egre m o nt , 
dealer in mahogany.— i^am/. Worthen, Paole-lana, near And- 
lam, out of buaineas. — William Ball, Congleton. protisioB- 
dealer* — 7Aoa. Juih, Stayley.bridge, retail dealer m ile. 
Coart-houee, CBBsm, (City), March 21 srf 10. 

Samuel MUk, Chester, shoemaker. — MaryMoyle, Chester, 
ovt of business. 

Cbarf-Aottte, ExETKm, Dewmthire, March 24 at 10. 

/. If. Weeieott, Tbpaham, blacksmith.--^. P. OtHoe. ta- 
viatockt l«Qd snrrajor.'WoAa Worth, Plymouth, fiurmar,— /. 
Marehall, Plmonth, cabinet makat.—MiUo Metoalft, Ply. 
mouth, linen draper. — W. H. Brunt, Brizhan, cabinetmaker. 
^Bd»n Streetf Comworthy, and Totneaa, bmkaBpar^^AoA/. 
TYemlett, Kanton, fitfiner.^^TAaf. Ludne^ Huatuiam, out of 
busineas.— JaAa Vooyhtf East Budleigh, Uboarar.-^M H. 
Beazley, Newton Abbott* ont of buainass.— IF. H* Maunder , 
HookvorthjTy out of bu a ine a s. — Wm^ Seaott, KJOgsbfomplOBf 
Somersetshire, grooer.— /ojhi Sandera^ Pinboe, daalar in oals. 
— CSIat. Salter, WiUand, near Collamptoay ont of business.*^ 
Blij. Viffian, Plymouth, out of business.-** TTm. Bowe, Tot- 
nass, ont of bnsioes8.*<«Yrm. Phillipe, Stoka Danieial* tea.- 
dealer-— C L. Hayanft, Kehningtoa, tea dealer.^ IFai. Bar- 
rett, Sidmoath, oat of buainesa.-*^iStftr. Squire, Azainstsr, 
tailor.-M/oAii Martin, Devonport, tailor.-*/oAit Cfowdt Bud- 
Idgh Salberton, East Budleigh, builder.— Skmi/. Harrie, Ply- 
mouth, out of business. — John Kiu^, Bamstapla, ont of buai* 
ness.— /oAa Stepheue, Tavistock, baker.— Jio*^. Beed, Ottary 
St. Mary, Csrrier.-^V. Broira, Dartmouth, oabinet ■laker.'^ 
/. p. Keni, Jump in Tamertoo, PoUertt, coal dealer.-^ VTm. 
Underhill, Totnes, out of buainesa,-^ r^os. GlanvUle^ King's 
Tamerton, shoemaker.— 'ITia. /uteou, Bampton, groper.r^il. 
H. Ath, Dartmouth, baker.— Zfa^A Shifley, Barnstaple, ma<i 
riner.*— Jaaiet Keanard, Devonport, dssier in malt.— iZt^Aari 
Otdrey* Ashburton* out of business. — Wm* Wataon, Torquay, 
Tormoham, painter.— fTm. Coombe, Totnes, baker. 

Court'houae, Exbtbr, COityJ, March 24 at 10. . 

/oJhslZoltiMM, St. Thomas the Apostis, lioflMMd to lota 
h9too.^Biahard HodyOy Bieter, jaiBflr.-*,^^; X. Bal ke um , 
Exeter, shoemafcer.-^Afi Bradford, Exeter, bnloher.— X. 
Channon, Exeter, joiner. 

CVarf-Aoicsa, Wbllb, Somereeiehire, March 22 ai 10. 

Henry BippoH, Bridgewater, baker.— ff. Bra^fford, Bridge- 
water, labourer.—/. Garrett, Henstridge Ash, out of business. 
^Wm. Wring, WiTcliscombe, cabinet maker .-^7!lof. Sjprod, 
jnn«, Congreabury, baker. 

Cotiff-Aoasei Molo, Ptintahire, March 23 at 10. 

JSben. Thomaa, Waen, Isceifiogin, £urmer's bailiff.-^-JUdl^ 
ard Jonea^ Funtre Mills, miller.^if. Boherta, Mertyn, Whit. 
Ibrd, joiner. 

CbBTf^^Aoatf, BuTHiv. JkinHghehira^ Mart^ 24 ai 10. 

BidLMoheria, Wreiham, maltster.«-Af. A. OthfUhe, Cife 
Mawr, nesr Raabon, spfaiBtar.-.flot. GrJ^Mf, Cefti Mawr, 
near Rnal>Qa> butcher.— />oro/Ay Owene, Llanyfydd, widow. 
— /iM. Sandland, Wrexham, labourer. 

FRIDAY, Makch 9. 
DECLARATIONS OF INSOLVENCY. 

SAMUEL JACKSON and THOMAS FREDEEICK JACK* 
SON, Bormondaey, Surrey^ woolataplers. 

THOMAS WORTH, Market Harbro', Leicestanhire, vie* 
tnaller. 

JOHN WATSON, Manchester, muslin manufacturer. 
BANKRUPTS. 

GARDNER BOGGS, WILLIAM TAYLOR, and WIL- 
LIAM SHAND, jun., Great Wincheater-st., merahanta, 
Manih 15 and April 15 at 11, Court of Bankruptcy: Off. 
aas. Pennell; Sols. Simpson ft Cobb, Aostin-fttars.— Fiat 
dated March 2. 

SAMUEL FOX 6TBFHBN8, Old Bioad-atraet, biO broker, 
Maidi 1) at half-past U, and Aprfl 1« at 12, Court of 
Bankruptcy: Off.ass. Belchar; Sol. Cox, Phiner's-hall, Old 
Broad-street. — Fiat dated Feb. 25. 

WILLIAM NATHAN HUNT, Wading.st..atetioBer,Marefa 
14 at 8, and April 15 at 11, Cowt of Bankmptqr*' <Mr* 
an. Giafaam; Sot Wollear, 30, Bnokienbafy.— Vtet dMed 
MarahS. 



80 



THE JUmST/ 



RICHARD WALROND FORGE, Billmgsgate, fish nOes. 
man, March 11 at 1, and April 15 at 11, Ckrartof Bankmptcj: 
Off. au. Johnson; Sol. Cox, Size-lane. — Hat dated March 3. 

JAMES NIXON, Groat Portland-st, Ozford-st., upholsterer 
and cabinet maker, Mardi 19 at 12, and April 15 at 11, 
Coort of Bankruptcy: Off. ass. Edwards; SoL Tate, 10, 
Bannghall-street.— Fiat dated March 3. 

JOHN WRIGHT, Birmingham, cabinet maker and uphols- 
terer, March 18 at 2, and April 15 at 12, Waterloo-rooms, 
Birmingham: Sol. Whitehouse, 8, Chancery-lane. — Fiat 
dated Feb. 28. 

JOHN CRITCHLEY, liireipool, bricklayer and builder, 
Mardi 17 and April 15 at 2, Clarendon-rooms, Liverpool: 
Sols. Banner, Liverpool; Sharpe & Co., 41, Bedford-row. 
— Fiat dated Feb. 28. 

CHARLES HENRY WEBB, Fore-bridge, Staffordshire, com 
dealer, Mardi 16 at 1, and April 15 at 12, Swan Inn, Staf- 
ford: Sols. Hiem & Ward, Stafford; Clowes & Wedlake, 
10, King's-bench-walk, Temple.— Fiat dated Feb. 22. 

JOHN MATSON RIGDEN, Wingham, Kent, maltster, 
Mardi 22 and April 15 at 12, Guildhall, Canterbury: Sols. 
Curteis & Kingsford, Canterbury; Egan & Co., 23, Essex- 
street, Strand.— Fiat dated Feb. 23. 

EDWARD DAVIS, Bath, architect, March 15 and April 15 
at 12, White Hart Inn, Bath : Sols. Cruttwell & Sons, Bath ; 
Frowd, 33, Essex-st., Strand.— Fiat dated Feb. 14. 

JAMES BIRCH PARTRIDGE, Birmingham, dealer in Bir- 
mingham and Sheffidd wares, March 14 at 12, and April 15 
at 11, Waterloo-rooms, Birmingham: Sols. Harrison, Bir- 
mingham; Chaplin, 3, Gray's-inn-sq. — Fiat dated Feb. 21. 

THOMAS BALDWIN, Pheasant Inn and Green Man public 
• house, Worcester, licensed victualler, March 1 1 and April 15 
at 11, Pack Horse Inn, Worcester: Sols. Finch, Worcester; 
Letts, 8, Bartlett's-buildings, Holbom.— Fiat dated Mardi 1 . 

HENRY HARRISON, Manchester, and Old Broad-st., City 
of London, commission agent and merdiant, March 16 and 
'April 15 at 10, Commissioners'-rooms, Mandiester: Sols. 
Morris, Manchester; Scott, Lincoln's-inn-fidds. — Fiat dat- 
ed Feb. 21. 

WILLIAM SLATER, Marlon, Whitegate, Cheshire, banker, 
, March 16 and April 15 at 2, Clarendon-rooms, Lirerpool : 
. Sob. Saxon, Northwidi ; Cole, 4, Addphi-terrace, Strand. 
—Fiat dated Feb. 9. 

DANIEL ANTROBUS, Great Btidworth, Cheshire, salt- 
. merchant, Mardi 16 and April 15 at 1, Clarendon-rooms, 
.Liveipool: Sols. Saxon, Northwich; Cole, '4, Addphi-ter- 
[race, Strand.— Fiat dated Feb. 9. 

MXKTINOS. . 

George Webb Bron^eld, BlackMars-road, Surr^, brudi- 
manufactnrer, March 8 at 1, Court of Bankruptcy, last ex. — 
Augnetut Linee, Irongate-wharf, Paddington, hay salesman, 
March 8 at 1, Court of Bankruptcy, last ex. — Bobert Palmer 
Vieei, Ndson-place, Old Kent-road, Surrey, linen-draper, 
Maroh 26 at 12, Court of Bankruptcy, aud. ac. and div. — 
MergAjun Omwiiw,. Maize-hill, Greenwich, Kent, lodnng- 
house-keeper, Mardi 26 at 11, Court of Bankruptcy, and. ac. 
and diT.— fn//tam Bamee, St. Paul's Chnrcfa-yard, milUner, 
March 26 at 1, Court of. Bankruptcy, and. ac. — Wm. Bof' 
ton, Manchester, yam-dealer, Maroh 29 at 1, Commissioners'- 
rooms, Manchester, aud. ac. — Jamee Cnift, Apperley-bridge, 
near Leeds, dyer, March 26 at 10, Commissioners' -rooms, 
Leeds, aud. ac. — Mary PoUiti, Charlestown, Pendleton, Lan- 
cashire, fustian dyer, April! at 11, Commissioners'-rooms, 
Manchester, aud. ac. — Tkoe, M, Jonee, Yardley, Worcester- 
shire, merdiant, April 1 at 1, Waterloo-rooms, Birmingham, 
aud. ac. — Wm, Langmead, Teignmouth, Devonshire, banker, 
April 5 at 12, New London Inn, Exeter, aud. ac-^Rudolph 
M. DitMeh, Kingston-upon-HuIl, merchant, March 30 at 11, 
Geoige Inn, Kingston-upon-Hull, aud. ac— JotqvA Poulion, 
sen., Leominster, Herefordshire, builder, April 12 at 12, Ham- 
mond's, Leominster, aud. ec-^Jonph B, Wiiliame^ Bristol, 
wholesale and retail ironmonger, April 6 at 12, Commercial- 
rooms, Bristol, aud. ac. — Wm. Perry, Leominster, Hereford- 
shire, maltster, April 12 at 12, Hammond's, Leominster, aud. 
ac. — Wm. Ballmger, Swansea, Glamorganshire, baker, March 
30 at 11, Castle Hotel, Swansea, aud. ac. ; at 12, div.— iZ. B. 
Juddf Birmingham, com-&ctor, March 30 at 11, Waterloo- 
rooms, Birmingham, aud. ac. ; at 12, fin. div. — T, W. Brighton, 
Chdtenham, Gloucestershire, commission-agent, April 4 at 1, 
Royal Hotd, Chdtenham, aud. ac. ; at 2, div. — Wm. Biehd. 
Bm>eiucrqft, MKKhn^f banker, March 29 at 11^ Comnua- 



doners' -rooms, Mandietter, pr. d. ; at 129 Mkl- m% and div., 
^Thomoi Dare, New Town, Exeter,, builder, April 28 at I2» 
Old London Inn, amd.ac. ; at 1, div. — Bemi. Bridgewater,\ 
Birmingham, victualler, Mardi 2i9 at 11 , Waterloo-rooms, 
Birmingham, aud. ac. '; at 12, diT.— iZod/. Jaguee and Biekd, 
WUeon, Leeds, Yorkshire, flax-spinners, March 29 at lO^i 
Commisnoners' -rooms, Leeds, aud. ac. ; at 11, diT.— George, 
Turk, Chdtenham, Glouoestershbe, saddler, April 20 at 12,1 
Royal Hotd, Chdtenham, and. ac.; at 1, dir.—- fTm. Mor^^, 
gan, Longdon, Staffordshire, bookseller, Mardi 31 at 12,, 
Swan Hotd, Lidifidd, aud. ac. and div.— fPin. lAM^r^ Rod- 1 
ley, Yorkshire, cloth-mann&ctnrer, March 26 at 11, Commis- , 
noners'-rooms, Leeds, pr. d. ; at 12,. fint and diT.— ^aMMf { 
QnticVaU^ Newcastle-upon-Tyne, draper, April 1 at 11, Bank- 1 
rupt Commission-room, Newcastle-upon-Tjne, and. ac ; at 
12, first and fin. div.— iSmt/A Wrigkt, Wattoa, Norfolk, gro- j 
oer, March 28 at 1, Suffolk Hotd, Bury St. Edmiinda, and. 
ac. ; at 2, fin. div.— /oAa Pike Yapp, Weoblej, Hereford- 
shire, grocer, ' April 12 at 12, Hammond^s, Leomliister, and.- 
ac. ; at 1, first and fin. div. 

Cx&TiriCATXB TO BB ALLOWXD, 

Unleee Caute ehewn to the eomtrary^ em or btform Mmreh 25. . 

John Voung, Newport, Monmouthshire, ship builder.— /of. 
ffoU and Saml, Holt, Liverpool, gUtfs-maniiiactorers.— Wm, 
Nash, Budge-row, tea dealer. — George Novra^ Red Lion-sq., . 
importer of foreign goods. — ^ei. Thoe. Weat^ Conamerdsl- 
wharf. Commercial-road, Lambeth, CQal-Bier^aiit.-»iioAer/ 
Chilver, Ipswich, Suffolk, cabinet maker. . _, 

Fiats Annullsd. J 

Mark Fothergill and Mich. FothergiU, Upper Thanei^, 
drysalters.— ITm. WilUame and ST^. jBftl/, Bow Church-yanl, 
linen dr^rs. — Thoa, Hill, Bow Chnrch-yd. ipommisdon-i^^nt. * 
Scotch SBaxrBSTAATiONs. 

Jamea Sutherland, Edinburgh, cod merchant.— 2>. Bokert' , 
eon, Edinburgh, coach hirer.— C. Bankin, ]>anfennliiie, nail . i 
manufacturer. — /. H. Boberiaon, Greenock, mmtimnU'^Ale*, , j 
Brown, Glasgow, mudin and lappet manufactnrer.-T-T^lomaf ' ; 
Whiitet, Perth, merchant.— {Fin. WaddeU, Glasgow, writer, i j 
^-A. Mackenzie, Dingwall, merchant. i | 

. , INSOLVENT/DEBTORS. I 

The following Priaonera are^ordered to be brtm§hi e^ brfore 

> a JOommifaioner on Circuit .— :- 
Court-house^ BvbtSt.''Edku^ds, StifMk, March 26 at 10/ 

John Howard, sen., Ixwor^ w h e d w il ght,-^^ Oeorge AU* \ 
rich. Great Finborough, out of bnsfawas. 

Court-home^ CAKBuiKia, (County), Mmreh 28 «i 10. 

George FuBer, little-port, master wataraum.— -Jto^^ Park" '. \ 
inaon, St. Mary, Suffolk, Tictaaller.— /oibi J^trbanh^Oam-' i 
bridge, grocer.— Geo. Whituker^ Cambridge, bookselkr.— A ; 
/. Haalam, Cambridge, accountant.— /oMet Hayhek, Hinx- ! 
ton, schoolmaater.— /oAa Goodbody, Ely, drover.-^V. Crost, 
Cambridge, innkeeper. — Thoa. Neilaon, Cambridge, stone- 
mason.— ITm. Jjeekard, St. Nicholas, Norfolk, shoesaaktf.— 
Chaa. Shefield, Linton, jobber.— Jw. Gatee^ Haribbon, bsker. ' 
^Thoa. Bobinaon, Cherryhinlon, tailor.— it. Skippoy^ Cam- . 
bridge, out of bosioess.- C. H. Faweett^ Cambridge* victnd- 
ler. — Wm* CrqaOie, Cambridge, out of business.--^/. Hilton, 
Cambridge, tdlor. — Geo. Ingram, Cambridie^lBiikeeper.- ^\ 
Sandifer, Cambridge, plumber.— iUcA. Baaarif, . Cambridge, 
tailor.— £^. Feaka, Cambridge, out of business.— 7^Io«m« 
Parker, Cambridge, draper.— VTa/iom Stewart^ Cambridge, 
ostler. — Wm. Townaend, Cambridge, coadismith. 

Court-houae, Bbaumaris, Anglesey^ March 28 at 10. 

Wm. Williams, Clq;irgwinion, Llandirygani, ontof bosinesB. 
^-Bichard Pierce, Tyddynhie, Llanfihan^, ftrmer. 

InSOLTBNT DBBTORb' DlYlOBHDS. 

Edward Crombleholme, Shaftesbury, Dorsetdure, veterinaiy 

surgeon, March 1, Harduxg's, Shaftesbury: 2a.9d.in (he 

pound. — William Spink, Witham, Essex, veterinary surgeon, 

March 10, Blood &Douglas's, Witham : la. Aid. in the pound. 

Mbbtimgs. 

Thomaa Bishop, Rayldgh, Essex, grocer, March 19 at 3, 
Old Ship Inn, Rochford, sp. affairs.— /oAa Shepherd, Man- , 
Chester, builder, March 28 at 11, Woodbume's, MandMfter, 
ch. ass.'— Alexander Clarke, West Pennard, near GhMtoaborf » 
Somersetshire, deder in pigs, March 29, Beeves & Sod S/ 
Taunton, sp. aifirirs. — -=- ! 



London : Printed by WALTKR M'DOWALL. PamTSS, ^.f ■"!: 
BXKToy Row, sad Published by STEPHEN SWirT. B««««»»». 
aBdPoBusua,9»esAiraBBTtAjra. ia tai i af , ViasA B, IW^ 




)S^ 



nxm^ 



No. 270. 



MARCH 12, 1842. With Supplement, 2*. 



%* nefiUowmff are the Names of the Gentlemen who fawmr The Jurist wkh Repwris ofCatee arpudand" 
' decided in the eeneral Oowrts <jf Law and Equi^ — 



" .fT-a^ u /B. T. Hood, Esq. of the Inner 

HOTRtfl^Mtls ^, Temple, Bamitcr at L«w. 

■ n. ^ ,1 JTiNisoif Editabds, Em. of the 

"^^^■^ \ IiiBerTemirfe,BMrUter«tUw. 

BoMtefCwimnmi £lte- f A. V. KimwAN, Etq. of Gray't 

tin CemmaltbKB \ - Inn, Barrister at Law. 

Ite hmd Chmodlor's PE. T. Hood, Esq. of the Inner 

QMt \ Temple, Barrister at Law. 

. «/ «L. -o^ju n^^ J ®« Y. RoBSOK, Esq. of tiie Inner 
refthi^Jliiib Court j Temple, BarrisS at Law. 

of Bn^- r Trnison Edwaium; Esq. of the 
........ t ImierTemi^i Barrister at Law. 

Bmoe's J W. W. Coora a, Esq. of the Inner 

C^Bt t Temple , Barrister at Law. 

^PjB-CAaneeikir'Wignim's fE. J. Bjbyie, Esq. of Lincoln's 
Gbot \ Inn, Barrister at Law. 



raCont 



Court of Qoeen's Bench< 




Co-rt of Co-unoa rU^{'':^.'Z:^^;,U^- 

W. M. Bbst, Esq. of Gray's Ins, 
Banister at Linr. 

Ecdesiastioal and Admi- J BoBsmr Pkuumobs, Adfooate 
raltyComrts \ in Doetora* ComooM. 

JF. FiSHBB, Esq. of Lincoln's 
\ Imi, BairistsratLair. 



Court of Exchequer .... 4 



Court of Renew 



LOKDON, MARCH 12, 1842. 

Ir wSL ht perotf Tdd firom our Parliamoiiuy Sum- 
VB^tet two rery important Bills are now before the 
SMMI Lords; one for improying the mode of oon- 
tei%i» pronaiiiWUflii in mattars of Lunacy; and the 
etiuthr «0eafing some Taiy material changes in the 
Iasrif£Tid«iiea. 

With M§iud to the £n^ it is pretty well known, 
ftat theeodsting prsetkiB in hinaey is such, as to make 
thepnIecllbiL of the Conrt of Chaaceiy wholly inac- 
where there is any opposition to the commis- 
t to' penons almost in afflnent ciioumstanoes. 
Huts iMMtic f cl BH i iiB a moderate fortune, is not suffi- 
dsMt tojwtfljr his friends in seeking for him the guar- 
of the Court of Chancery; he must possess 
f CTaeeiding a mere competence. An estate, for 
^ not emeeding 9M. in snnual value, would be, 
ia tD piohability, so deeply inyaded by the expenses 
atteadnit on a oommisrion of lunacy at all opposed, and 
the sohseqnent ssfe but cosily administmtion of Chan- 
eery, as bamly to leare an adequate maintenance for 
titt hnatic.. ¥lai, there b the application to the Court 
farteoBnniaBon; there is then the inquiry before the 
CoanaoneErs, the duration of which it is scarcely 
posiftle to foresee,. and the expense of which depends 
itpooitsdnration, as both the Commisnoners and the 
JaiicB are paid by foes, according to the number of 
^i|rt oconi|ned. When the inquiry is concluded, and 
fte return made, and the lunatic fidrly brought within 
tke prstectioa of Chanceiy, there is then a continual 
nd not inconsid«rah1e source of expense in the neces- 
■ty of a petition to the Court, and a reference to the 
Uiitary npon every the most trifling transaction, which 
'Amaj be requisite for the Committee to enter into in 
n^et to the management of the lunatic's estate. We 
WBfe|iAdeod'Wem«rB8foly assert, that, where the 
iteloiftfeqtgQti^ g£;the limo^ 

Vol. rL. 1 



it necessary, an applicatioti for ^w pteteetian of Gha»' 
eery could never be piuiJMiiiji ad >f is i d , milesB in the 
plainest possible case, if tfaeluaatie^pKopiBEtyismnoh 
under 10,000^./ and we know, that it is every day!s 
pi»daM, for the fiiaMb of penooaof smdl property, and 
unsound mind, to manage thamand thor pRxpaity in 
the best way that they can, subject to all the ineoBVBB^ 
enees aridng from the virtual inoqMMStty of.thelmaAiey 
rather than to i^ply to a jurisdiction which would pro- 
tect the estate at the price of its total ahsorption. 

There can be no question, that^Jidiere a person iS| by 
mental disease^ rendered incapable of mani^jng his pro- 
perty, it must be desirable, that the Law should pro- 
vite foritasafomsnagement^ inslsadof leaviiigit to the 
vduntaiy assistance of friends and relations, with all 
the difficulties attendant upon the l^gal ownership and 
apparent authority remaining vested in a perspn in- 
capabre of rational voUtibn. It is equally unquestion- 
able, that the protection of the Law, to be worth hav- 
ing, must be accessible at such a price as will not reduce 
the fortune of the applicuit below the point of an ade- 
quate subsistence, having regard to his habits and sta- 
tion in life. Any measure, therefo(re, tending to dimin- 
bh, in any degree, the expense of obtaining for lunatics 
the protection of Chancery, must be looked at, we ap- 
prehend, as desirable; provided only it be not incon- 
sistent with the due and sufficient exercise of the juris- 
diction. 

The Lord Chancellor's plan is obviously based on the 
principle of chaiging upon the State a portion of the ex- 
pense of protecting lunatics. Whether this principle be, 
in the abstract, just or unjust it is now unnecessary to in- 
quire, as by for the greater part of the expense of adminis- 
tering justice stands, and has always stood, on precisely 
the same footing. And, if it be proper that the expense 
of judicial inquify into any matter of litigation, as, for 
instance, whrasr #. testator was or was not uuu^^tK 
the time be aadahkwilV flheiad be borne by ttaAite^ 



82 



THE JURIST; 



there seems no reason why itbhbuld^hot be eqtidly pro^ 
per, that the State ahoiild beat the expento of an in- 
quiry, whether or net a tivilig penon is or id not in- 
sane, and is or is not to Be committed to the care of the 
law. Whether two pbrdianent bommisdibners will be 
incapable, as su^esled by Lord Gottenham, of perform* 
lug the duties required of them, is matter of detail. 
The other objection, however, taken by the same leartt- 
fA Lerd, ttbt it will not be prudent to give up the coil- 
trol of the Masters in the management of lunatics' es- 
tates, is matter of substance as well as of detail ; because 
it is precisely the control of the Masters tiiat forms one 
of the elements of the present oppressive costliness of a 
•CautooA^ administration of i lunatic's estate. For 
our^lv^i WO can see no peduliar sanctity in a Mas- 
ters officei and no pemiliar virtue in the mode of in- 
quiry theMin praotised* The great desideratum for tke 
^Mttetion of the lunatic is. the superintending control 
of the Loi4 ChaooeUor; and, provided that remains, 
m Lord Lyndhurst's bill contemplates, we cannot see 
why Commissidnirs, aeting und^t the authority of the 
hnd Ohaaeellor, should not deal as safely with all in-^ 
quiries eoneerhlng a lunatic's estate, as a Master in 
Chanoery; That they would deal with it at less cost, 
and with less delays there (cannot be very mucfh doubt. 
Supposing; faoweveir, the objeetioa wdl feanded, the 
^sMidn rtdtioes itsdf to ttiis i whether it ia better thgt 
« lunatia of imIiU ftirtunli should have a prot^otion nat 
ifdtB peiftd^ or that ha rfioiild be predlided from hay- 
ing any. 

With ngaM to the other toeasure, fdr altering the 
Law of Qvidenee, we eitn only say^ ws are tarpriaed 
thai tome snbh faieasore has not been long before brought 
IS^rward. It is iinpoasibli to refer to the intricate head 
of the Law of fivideiioe, v^^iarding Uic tneompetency of 
witnesses, on the ground of infiuny of character or hi- 
terest) without seeing^ that^ iii endeayoaring to guard 
' against tho perpetration of injustice^ by the adtuasion 
Of evid^ee from & tainted souree, the law his istro- 
duoed a gf«ater chaneb of producing a failvva of Justiee 
by shtttthig out the truth. The whole prindpla of 
shiittttig ont evideiice^ on the gretmd of infiuiiy of chdr- 
act^r, prrkssteda on a legal assumption, that the oomttiia- 
irioii of oeHain crimes is evidence of 00 lovT a state of 
moltliity in the witness, As to malee it impossibU to be- 
Ill^ye hitt upon his oath; ov, as it is express^ by Chief 
tiaron Gill^rt^ that *<the producing sueh a witness 
%«uM biB perfectly ineffiNctual, becaim Ois \eHBiU cfhu 
oaih is bmManend fy tke oain (f ifdqui^J* (Gilb. 
Evid. 148>, tth ed.). This asstimjption we take to be 
jfidse in allnost every particular. In the iint phM^e, it 
<A(m not bonudi with a sound obfiervatlott of hiiman na- 
tut^ tb Assume, that tbe disposition to commit cHme of 
one kind, affords any necessary inference of a disposition 
t4 commit cHme of a totally different kind ; that a man, 
for instaiiiise, has committed a murder or a theft, affords 
no soitd gtound fbr anticipating^ that he will not apeak 
th« tt^th in matters, of course, unconnected with his 
partfotLlar crime; these several crimes flowing from 
distffti3t passions and dispositions of the mind, and 
fifom aottally dtscittet eietemal incitements; In tha se- 
cdnd Blacto^ bjr A low state of moralilnr is meant, that 
mtAtai atata of tha imiiyid«al, hk wluii^ ho ie^goMv^ 
by OQiitfdaMloni of ^teUn or aeie-iikterest^ inrtaad of 
2 



considerations of justice ; or, in other wdrds, in which he 
is influenced by motives of pure selfishness, unchecked 
by any consideration of the rights of others. It is 
obvious, that a witness of such a character can have, 
in the absence of external inducements addressing 
thehis^lves td his passions or interest, no greater bias 
towards falsehood than he has towards truth. With- 
out, therefore, hearbg him, or without collateral evi- 
dence of bts interest or wishes in regard to the result of 
the cause, hoW ii it possible to &&y, that the presump^ 
tion against hb credibility is so strong, that you cannot 
give any credence to what he shall say, and, therefore, 
you will not hear him at ^ ? 

A comparison of those oiicnmstances, which, in prac- 
liee, vsnder a wiinoi6 inadmissible, dd the ground of in- 
^aiuy of character, and thdse whi<^h merely g^ to his ere^ 
dibility, dhews tbc extreme abshrdity of the rule 0^ exclu- 
sion, ^hus, toT iiUtance, treason, which, though a crime 
of the highest magnitude, and properly visitea with the 
highest decree of punishment, is on6. Which all history 
riidws to be eonsist^t with gfeat exaltation bf oharseter, 
gM tb the isotnpetancy 6f d witness ; while a conviction 
M a i^onspilracy 16 coihmit a fraud, in rising the price 
of the funds by false reports, a crime floWihg directly 
from a mean and lying disposition, goes only to the 
avedibility. Again, though a conmcUan of the lowest 
degree of felony will render a wttneea inaompetent, the 
strongest evidence of the utmost criminality, short of 
actual eonvictito^ ^itt net hate that efi^t. Again, 
though a eonvieted ftlon is ineotnpelent^ yet^ if he be 
pard^ed, or have duly suffered his pUnLahtaent, his 
ebmpateney is restored. Now, if We keef in mind tbii 
the gi^mnd of the incompeteney is, that oonyictioni or 
the complete legal proof of the commission of a partiea- 
hir crim^ is eyidene^ of sack moral depmyi^ in the 
oHminal, that the law Will presume hM Weuid dia^ 
gaid the sanctity of an eath; it s^isnte quite ridiculous 
to contend, that the pardon could make any real bfaange 
in hiB quality aa a witaeas* One can iindentand the 
tadmioal and arfiiottd reMomoir, "that ihi pardoh 
makes the witnass a new crteture^ and gilf^ him a n^ 
oi^adtjr," as applied to th& rtetomti6n ef hid eivil Hghti, 
i^ regard td acta whi<^ depend fortiito ckanKter upon 
theii* own intrinMe otrcnmMattcee. But aa to those acts 
of the oriminal, toch aa fats testimony, wlddi (depend 
for their diiracter, not So miioh upon an iUcapadij, 
^ebifidally given to him by the conviction^ as upon a 
preexisting moral taint^ of whiek the coiivietioti is only 
evidfende, to hold that the Grown ean^ by its paodos, 
affeet those aota With a neW eharactei; ia to hi^d^ thsi it 
has not merely poWer to rtatfin civil rights^ bitt a pow^r 
to gtv% to ^e cHminal a new mind. 

The rule of exclnaion, k» r^farda witnttseS havhig sn 
interest in the insult of the cause, preoeeds on an as- 
sumption, equally, as it appears tb us, untenable: that 
is, it proceeds on the asaamption, that a party so in^fst- 
eated has ao great a biaa to speak against tiie tnith, or, 
at least, towards partiality, that his testimony oaght 
liot to be taken. Now, in asbuniing tiiis^ we are whoUy 
ignorant of a variety of ctrvunisiancea neeeBsaiy to be 
known in order to estimate the hre% uf the su]QM^ 
bias. We are igantknt of the yttm M ^ix^Htft V^. 
Mtnem hiEttsalf, on his intarat. We m IJ^??**:^ 
theforoaefkisMnseirffaon^ttr) and JMii«) »»& ^^ 



THE JURIST. 



88 



litjy or of hiA fetf of disgrace and punishment. We aie 
igiioiBnty in hcij of all those collateral circumstancesy 
vithont which we cannot ascertain whether the interest 
of the witness amoonts, in reality, to a bias at all. 

Then ib, nndonbiedly also, great practical difficulty in 
the ^plication of the role, in ascertaining what is snch an 
biterest as shall operate in exclusion of testimony ; and 
one of the rules adopted, that any certain interest will 
» operate, but that an uncertain interest will not, has 
led to some palpable absurdities ; because it is obvious, 
that there may be interests of great value legally un- 
certain, but mozally certain, which might have a great 
cffiset in giving a bias; while, on the other h(md, there 
may be Interests certain in the law, and utterly value- 
las in &ct» which could not, by possibility, bias any 
raan*t mind* But^ in truth, it would be quite imprac- 
ticable to fix any standard of quantity, or nature of in- 
terest, which could operate so as to render the applici^ 
tioa of the rule rational; because, from the infinite va- 
riety of men's characters and social positions, it probably 
never will happen, that the same kind or quantity of 
inteitst will have the same force in the minds of two 
diioent witnesses; and hence it must be, in every new 
csK, impoanble to know, whatever be the degree of ap- 
parent interest, whether the whole foundation of the 
doctrine, namely, the existence of a paramount bias, 
can be jostly presumed. To admit the evidence of in- 
fiunoQS or interested witnesses to go to a jury, unaccom- 
panied by any observations from persons of superior 
judgment and acuteness, might, no doubt, be very dan- 
gexoQs; but there can be no danger in letting such evi- 
denee go to a jury, under the direction of an experienced 
Jadge. 

l%e Doetrime and Pradihe ofEquitVy or a Coneiae Out- 
Ime^ Sfc. By G. Goldsmith, A.M., Barrister at Law. 
Seemd EdUUm, [Saunders ^ Benning.\ 

It was said of an eminent singer, that she was the 
fint of her style, but her stvle was not the first; and 
something of^the same kind may be said of the work 
before na. Of its class, it is a very good one, but the 
dasB is one which we hold in great abhorrence, and 
ooold wish to see wholly annihilated. It has become 
the ftahlon of late years to popularize every thing; to 
employ all the ingenuity of which ingenious writers are 
capable, to abridge and dilute all learning; to sketch 
outlines of sciences, and aim at givinc^ what are c^ed 
Senenl notions. Legal literature has Been as much in- 
undated as any other branch of literature with works 
of tkus daaa ; and the present is another of the attempts 
to Ave all labour and difficulty to those to whom the 
ezeraae of labour, and the habit of meeting and con- 
qoeriog difficulty, are most essential qualifications. 

F there be any science, in which knowledore to be 
tusefhl must be particular, it is the science of the law. 
It i% it is true, governed generally by certain broad prin- 
ciples; bot Uie exceptions are so numerous, and the dis- 
tinctions so incessant and so fine, that law may be said 
to be made up of details. A brief outline of any large 
'portion of it, such as the doctrines and practice of equity, 
IS, of necessity, an incomplete, if not a false representa- 
^n of the law. It is like a map without the moun- 
tasQs and cross roads; and though it may be correct as 
fiff ai it gc«8, it tends, on the whole, more to mislead 
than ib^de. We object to works of this kind, also, 
becaaw fiMy are apt to give to tbe student aa ttuwfaole* 
3 " * 



some appetite for the facile; a sort of dilettante spirit, 
that would make an elegant play of that, which, to 
be mastered, must sooner or later be grappled with in 
the spirit of severe labour and irrepressible energy. 
Woe, we would say, to that lawi^er, who shall com- 
mence his course of reading by epitomes, and graceful 
outlines of the law! far better had he plunge at once 
into the deep legal morass of Coke upon Littleton. He 
may be suffocated in the one case; but, in the other, he 
must be enervated. 

Havine said thus much against the class of work to 
which Mr. Goldsmith's is to be referred, we may add, 
that the execution of this particular work appears to ns 
as good as the nature of it will admit. It is generally 
accurate, as far as its brevity will permit, and the state- 
ments of general principles are well and clearly put. So 
far, indeed, as the plan and limits of the worK would 
allow, the author has touched upon some of the nice- 
ties of the subject in a very happy manner. The ge- 
neral doctrine as to costs, for instance, (no unimportant 
part of equitable knowledge), and the distinction be- 
tween costs as between puty and party, and costs as 
between solicitor and client, are extremely well ex- 
plained. (See pp. 273 to 284). 

On the whole, we can safely recommend the perusal 
of Mr. Goldsmith's work to those who like epitomes 
and outlines of the law; but, we trust, that, when next 
our learned author determines on writing a book, he 
will select some kind of work in which he may find 
more field for his own evident ability, and more oppor- 
tunity of assisting the sound cultivation of legal luiow- 
ledge. 

Imperial ^diament. 

HOUSE OF LORDS. 
Monday t 3£areh 7. 

Lord Campbeii inquired, whether the Lord Chancellor had 
any Bills in preparation on the sabject of the Bankruptcy and 
Eedeaiastical Courts. 

The Lord Chancellor said, a Bill had been prepared on the 
subject of the Bankruptcy Court, which he would lay on the 
table on Monday, (the Uth). And a Bill had also been pre- 
pared on the lubject of the Ecclesiaatical Courts. 

The Lord Chancellor gave notiee of his intention to lay on 
the table, on the foUowiog day, a Bill to alter and amend the 
Law with respect to Proceedings in Lunacy. 
2\ie«2ay, March 8. 

T^e Lord Chancellor, pursuant to notice, laid on the table a 
BUI to amend the Proceedings in Cases of Lunaey. The pre- 
sent state of the law was this: there were certain standing com- 
missioners, to whom petitions in lunacy were referred. They 
were men most competent to the discharge of their duties; but 
their jurisdiction did not extend beyond twenty miles from the 
metropolis. Beyond that distance, commissions in lunacy were 
sent to persons of whom the Lord Chancellor had no know- 
ledge, and who had little or no experience in such delicate mat- 
ters; and the consequence was, sometimes, serious mistakes 
entailing heavy expense on the estates of the lunaticai. The 
mode of payment of these commissions was by fees, which were 
charged on the estates of the lunatics; and hence arose a very 
formidable pressure on those estates; so great, indeed, as to 
deter the friends of aU lunatics of small estate from applying to 
the Lord Chancellor, as they well know, that the expenses must 
so far consume the estate as to preclude an adequate allowance 
for the lunatic. The remedy which he proposed was, to ap- 
point two permanent commissioners, who would preside in lu- 
nacy cases, both in town and in the country; they would be 
men of ability and distinction at the bar, and would be paid by 
fixed salaries instead of fees. Then, as to the juries : at pre- 
sent, lunacy cases were decided by a jury of twenty-firar, as 
there must be the assent of twelve, at least, to make the inqui- 
sitions and return their verdict. The twenty-four jurors acted 
in the nature of a grand jury. They were paid one guinea a 
day each for every day of the inquiry; and this, also, he need 
not say, entailed a very heavy expense on the estates of lunatics. 
To Himin^ff i^ till* 6xpeDS6, hc propoBcd to vcst Itt tfafi Ixtfd 



84 



THE JURIST. 



CklnoeUor a diacretioiiary power to have the caea tried, in oer- 
tain casta, wkb a jury of twelTe, who need not be unanimous 
in thdr finding. He proposed further, that, instead of the 
present STstem of a reference to a Master in Chancery, after 
the return of the inquisition, for the necessary inquiries, the 
commissioners should have power to make such inquiries as to 
the estftte and effects of the lunatic, and such other matters 
as the Lord Chancellor should intrust them with; and, if diffi- 
culty should arise, then, that there should be a reference to 
the Mastery as now. He proposed to abolish the office of the 
derk of the custodies, and to transfer his duties to the secre- 
tary of lunatica, compensating the clerk of the custodies out of 
the smtocs' ftmd. Finally, he proposed, that the two oommis- 
aonen should be ex officio Tiators of lunatics. 

Lord CoUenham objsctod to compensating the derk of the 
cistodiea oift of the suitors' fund; he could not consent to ap- 
ply the funds belonging to one class of suitors for the benefit of 
another, or to a purpose for which they were never intended. 
He objected also to removing lunatics' estates from the control 
of the Masters. 

Lord Denmarit in moving the second reading of the Bill for 
improving the Law of Evidence, called the attention of the 
House to the present state of the law, and the nature of the 
diange proposed. According to the present state of the Law, 
persons in any way directly interested in the result of a cause, 
as well as persons directly parties to it, were disqualified from 
giving evideoce. He proposed to remove this disqualification 
■I every caa^, except where the witness was a aubstantiai Duty 
to the suit He proposed this, in conformity with an opinion 
whieh he believed had strongly prevailed, that the evidence of 
interested witnesses should be received) as it was of the highest 
importance that all facts known to any individual ^ould be 
laid before the jury, that they might themselves judge of the 
credit of the witness. With regard to the second portion of 
his Bill, which went to remove the objection to a witness, on the 
ground of crime, according to the law as it now stood, a person, 
eonvieted of certain crimes, had his lipa closed as a witness for 
the rest of his days. But a witness might present himself in 
the box covered with crime, admitting himsdf guilty of the 
greatest offences, and, probably, betraying those very associ- 
ates whom he might have tempted to commit the crimes with 
whidi they are chaiged. In the present state of the law, the 
lives of the accused might depend on the evidence of such a 
man as that. Look at the case of perjury, — a class of crime 
whieh appeared more than any other to di«quaHfy a witness. 
In this dassof cases, the disqualifieation depended on a variety 
«f ciroumstandea besides the fact of guilt. If the person, wish- 
ing to get rid of the evidence of a perjured witness, could not 
prove his disqualification by presenting a record of his convic- 
tion, he was not disqualified. Again, if pardoned, he might be 
heard again , notwi^tanding a conviction. The objection was, 
that the punishment did not fall oh the party guilty of peijury, 
Imt on the party wanting the benefit of his evidence. He pro- 
posed, also, to admit a certain denomination of Baptists to the 
privilege of givmg evidence on affirmation. 

After some observations by the Lord Chanctlhr, Lord 
Brougkmn, atid Lord Wyttford, it was agreed, that the Bill 
ought not to be proceeded with till after die circuit ; and it was 
■coordingiy read a second time, and ordered to be committed 
the first Thvfsday after the recess. 

Tkurgday^ March 10. 

Lord Denman laid on the table a Bill for rendering the Af- 
Armadon of that Sect of Christians, called Baptists, equivalent 
to an Oath in Courts ot Justice. 



HOUSE OF COMMONS. 

Tuesday, March 8. 
Lord F. Egertotif in a speech of consii&rable length, moved 
for leave to introduce a Bill to amend the Statute of 1835, (5 
& 6 Will. 4, c. 5i), relating to Marriages within the prohibited 
Degrees ; his Bill was nearly identical with that brought m last 
year in the Ho^se of Lords, by a noble lord now high in the 
service of the Queen's Government. He would state at once, 
that the Bill he proposed to introduce, would enable a widower 
to marry the sister of his deceased wife. His Lordship then 

^ent on to discuss the matter, under the double sspeot of its 

-oheoloflical and its social propriety. 

, Sir 12. ihy/tf opposed the motini ; and, after some dwrt ob- 
servationa from other members, the debate wis adyouned to 



ABSTRACT OF LORD MAHON'S BILIi TO AMEND 
THE LAW OF COPYRIGHT, 

Sect. 1 repeals former acts. 

2. Interpretation clause. 

3. Enacts, That the oopyrigfat in tvttry book whheli shall, 
after the passing of thia act, be published in the lifettma of its 
author, shall endure for the natural life of such author, and for 
the f^her term of twenty-five years, commencing at the time 
of his death, and shall be the property of such ai^or and his 
assigns ; and that the copyright in every book whi^ shall be 
published after the death of its author shall endure for the tern 
of thirty years from the first publication thereof, and shall be 
the property of the proprietor of the manuaeript lh>m which 
noh book shall be fbvt publisbed, and his aaa^s. 

4. And whereas it is just to extend the beiteftte of this a«t 
to authors of books published before the paaainc thereof, and 
in which copyright stlU subsists : be it enacted, That the copy- 
right whidi at the time of passing this act shall subsist in sny 
book theretofore published (eicept as herainafter oMutioBed} 
shall be extended and endure for the full term provided by this 
act, in cases of books thereafter published, and shaU be the pro- 
perty of the person who, at the time of passing of this set, 
shall be the proprietor of such copyright : Provided always, 
That in all cases in which sneh copyright siiaU bdong, in whole 
or in part, to a publisher or other person who sfaall have ac* 

rsd it for other consideration than that of natural love and 
tion, such copyright shall not be extended by this act, bat 
shall endure for the term which shall subsist tfaeMin at the time 
of passing of this act, and no longer, unless the author of sodi 
book if he shall be living* or the personal representative of such 
author if he shall be dead, and the proprietor of such copyrigbt, 
shall, befbre the expiration of such term, consent and agree to 
accept the benefita of thia act in respeet of such book, an^ shall 
cause a minute of such consent to be entered in the book of re- 
gistry hereinafter directed to be kept, in which case such copy- 
right shall endure for the fhll term by this act provided in cases 
of books to be published after ibe passing of this act, and shall 
be the property of such person or per«ons» and sn^eet to audi 
conditions as in such minute shall be expressed. 

5. And whereas it is expedient to provide against the sup- 
pression of books of importance to the public : be it enacted, 
That it shall be lawful fbr the Judicial Committee of her Ma- 
jesty's Privy Council, on complaint made to them that the pro- 
prietor of the copyright in any book after the death of its au- 
thor has refused to republish or to allow the republication of 
the same, and that by reason of sueb refcsal such book may be 
withheld flrom the public, to grant a UeeasS to such oomplsioaDt 
to publish such book, in such manner and subject to such con- 
ditions as they may think fit, and that it shall be lawful for such 
oomplaiiiant to publish such book according to sucih Hoense. 

6. One copy of every book to be detivered at the British 
Museum. 

7. Mode of delivenng atTthe British Museum. 

8. A copy of every book to be delivered within a month sfter 
demand for the use of the following Libraries i^Bodlelan li- 
brary ; Public Library at Cambridge ; Advooates olEifinbufgh ; 
TriniW College, Dublin. 

9. Publishers may deliver the copies to the Ubraries instead 
of to the Stationers' Company. 

10. Penalty for default in delivering copies fbr the use of the 
libraries. 

11. Book of registry to be kept at Stationers' Hall. 

12. Party making or causinz to be made a false entry in the 
book of registry to be guilty of a misdemeanor. 

13. Entries of copy right may be made in the book of r^try. 

14. If any person be aggrieved by any entry fn the book of 
registry, he may apply to the Lord Chancellor, Master of the 
Rolls, Vioe-Chancellor, Courts of Law in terra, or any Judge in 
vacation. Who may order auoh entry to be varied or esponged. 

15. Remedy for the piracy of hooka or parts of books by ae- 
tion on the case. Proviso, that, in 8cotUmd, the ofliender shall 
be liable to an action in the court of session in SootlaBd. 

16. In actions for piracy, the defendant to give notioe ui 
writing of the objections to the phuntiff 's title on which he 
means to rely. 

17. Mode of proving the publication and identity of hoow 
in. proceedings for piracy. ^lju 

18. No person dtall import into any part of the Biw J J»" 
ealmons, for sale, any b6ok first composed. Bed.. <nthtt o« 
BfitUAi dossiniotts^ and tepti&ted elsewhers, iwl^f^ ^^ 



THE JURIST. 



86 



fH^, «IBBg» or hiqiiiig lir lile Any rath book», f oifeitan 
ttenof* aid «bt> lOL and dbnUii the Tshie. Booka may be 
«nd bf efioen of ttufiMM or exdw, who ilnU b« rewarded. 
Copfrigiil ia SBe|clo|Nedies, pariodieal works, and 
peUiakod in aerMet to be m tlw publiiher or oonduotor 
; lad proof of paymeat to tbe parties eeaployad by him 
to te pffmd teia ovkknee of hU praparty io their artielai*. 
heriw, nsariay tha right of enthon who hava rMerved the 
a^ d pablhkh« tfae^ aithdee ia a separata form. 

26. PraiRfetors of Ebcyelopeidias, periodical works, sad 
««b paUidiad ia aeries, to be at Ubtfty to eater at onoe at 
MBMn* BsU» aid thareoii to have the baaeflt of the lagia- 
MiDa of the whole work* 

II. Tks proriaioaB of 3 ft 4 Wffl. 4 cxteaded to nmiical 
wmw a t i wia, and tha tarn of c o p yrig h t, as prorided by this 
Mt,ipp)iBd ti tfaa libarty of tapiea e uti ag dxamatie plooes and 



tt. Ikayipprietor of tha right of dramatio 
AA km d the naadiaa giireii by the act 8 ft 4 Will. 4 

ty Ms arigadient of copyright of a dramata: pleca shall 
eoanf (k rijiht of repraaentation, anlesB an entry to that ef- 
te dill h aiada fan tha book of lagiitry. 

2i, JWv to tbe courH of equity and the oonrta of law to 
wtkty m notion or petition, in a summary way, sueh orders 
fcr giartfag snd dlaaoiriag hijaaetions in caaa of piracy, aa, 
toBorikf to the oonne of praetioe of each of such ooorts, can 
waif now be made in a suit regularly inatitatad f. Proriso 
hrSoadnd. 

tl Mode of proving copyright, fte*, in colonial ootrts* 

tt. Books pintad ahaH become the property of the proprie- 
tsflf the oopyri^; and maybe recoTered by action, or seized 
bf mrut of two justices. 

27. No proprietor of copyright commencing after this act, 
dill ne or proceed for any laningement before making entry 
hilttbsQkeff^girtrr. Proriso for drsmaik piecea. 

2S. Copyright ahafi be personalty. 

29. Sirmg the rights of the UnlTersities, and the colleges of 
Ite^Wdtminster, and Whksbester. 

^^^niao for aairing all rights and all contracts and en- 

fVBotonbsisting at Uie time of passing this act. 
31. itt to extend to aH parts of the British dominions. 

31 Ad nay bo amended or repesled during the present 



'lanlmi iSn^tm. 



TUESDAY, Mabch 8. 
DKLARATION OF INSOLVENCY. 

DAVIB BIt>MCA0, Bread-street, warehouseman and ship- 
W"geat. 

BANKRUPTS. 

EUZA HATES, Pickctt-street, Strand, picture dealer, 
March 22 at half.past 11 , and April 19 at 2, Court of Bank. 
">fcy : Off. Ass. Alsager ; Temple ft Bonner, 16, Fumi- 
nl'i Inn.— Put dated March 5. 

SAMUBI LEWIS LAZARUS, Kent and Sussex Tarem, 
JttttjiMtreet, St. James's, Westminster, coach-proprietor 
odlMneHlealer, March 17 at 11, and April 19 at half.past 
I Court of Bankruptcy : Off. Ass. Whitraore ; Sol. Gilbert, 
J^iCwoi-street, Strand.— Fiat dated March 5. 
^"JiXM HOLMES, Friday-street, Cheapside, sUk gan2e 
p«4«»rer, March 18 at 1, and AprU 19 at 11, Court of 
"™ptey : Off. Ass. Green ; Sols. Reed & Shaw, Friday. 

^ Chapside,— Flat dated March 4. 

^U^im CHARNOCK, Albion-terrace, Wandfiworth-rd., 
w«y, plumber and glazier, March 22 at half- past 12, and 
April 19 It 11, Court of Bankruptcy: Off. Ass. Groom ; 
°«^b, 12, Argyll-street, Regent-street. — Fiat dated 

^^LEACH, JOHN LEACH, and JAMES LEACH, 
, ^-1tte, Spltalflelds, builders, March 18 at 1, and April 

Tim is the diect of the marginal note ; but the cUuso 
"^'•aotmdear. 

l2J^ dsBM seems to assnme, that the courts of kw grant 
5P*««- If it be meant to give them that jurisdiction, itJ 
^^^eoqadetab^ alteration; as it stands at present, wo 
222!^!?**''^*^ waiody hf injunction, as it now Is, 
'■■'*9»thieWB| or equity. 



19alll, CoortofBankraptejr: OC Asa. I«ekii«ton i Sob. 
Dickson h Orerbary, Fndefick's*iriase, OU Jewry.— Fiat 
dated March7. 

JOHN THOMAS, Ramagato, lale of Thaaet, Kent, butcher, 
Mareh 21 at 4, and April 19 at 10, Royal Oak Inn, Rama- 
gate: Sols. Meroer & Bdwarda, Ramagato; Austen 9t 
UobeoB, 4, Raynond-boilding% Gray's Inn«-^ Fiat dated 
March 2. 

WILLIAM WALKER and JAMES ORAY» Leeds, York- 
thire, woolataplers and doth manufaeturart, March 22 at 
12, and April 19 at 10, Commiasioners'^fooeas, Leeda: 
Sola. Payne & Co., Leeds ; Wilaon, 6, Sonthampton-atieat, 
Bloomabury.aquare.'-Fiat dated Feb. 28. 

JAMES ALEXANDER, Neweaatle.upon.Tjne, dealer and 
ahapman, April 4 at 11, and April 19 at I, Bankrupt Com- 
inisaion«room,Newcastle*upon«Tyne: Sol. Hark, Newcaatle- 
npon-Tyne.— Fiat dated Feb. 28. 

RICHARD LOXHAM, Wigan, Lancaahira, newspaper pro- 
priator and printer, Mardi 24 and April 19 at II, Coaunis- 
moaera'-raoaia, Ballon-le«Moors: Sols. Lord it Aoketley, 
Wigaa; Armstrong, 8, StBple-imi.^FSat dated Feb. 25. 

EDWARD MULLINGER, Southampton^iroDmonger, March 
26 at 5 and April 19 at 4, Star Hotel, Southampfions Sola. 
Stabho & Rollings, Birmingham; Chaplin, 3, Qtay's-ina- 



equ 
'HO] 



[uare.-»Fiat dated Fab. 14. 



THOMAS GALES, WILLIAM JOHN GUEST, JOHN 
FORSTER NAISBY, and MATTHEW KIRTLEY,H]^. 
ton, Darham, ahip builders and ship owners* Majnh 16 at 
12, and April 19 at 11, Bridge Hotel, Bishop Weanaouth: 
Sob. Wilaon, Sunderland; Bell h Co., Bow Charch-yard, 
Cheapsida.---Fiat dated F^b. 19. 
GEORGE ROBERTSON, JOHN GARROW, and JOHN 
ALEXANDER, Liverpool, ship chandlers and rope manu- 
Isetnrers, Mardk 19 and April 19 at 1, Chtfendoo-rooms, 
Liverpool: Sols. Duncan & Raddiffe, Liveipool; AdUngton 
Be Co., 1, Bedfoid-row.— Fiat dated Feb. 22. 
THOMAS STEPHENSON, Manchaster, ooachmaker, Mareh 
24 at 10, and April 19 at 2, Commiaaioaars' -rooms, Man- 
Chester: Sols. Cooper &Wray, Manchester; Wiaou|^& 
Jaauet, 13, Clifford's-hm.— Fiat dated Fd>.24. 
JOSEPH CARLISLE, Bury, Lancaahire, draper, March 24 
and April 19 at 12, Commiasioners' -rooms, Bolton»k-Moont : 
Sols. T. A. & J. Gnmdy, Lancashh^; Clarke & Medcalf, 
20, Lincoln's-inn-iields.^Fiat dated Feb. 26. 
GEORGE ANNESLEY THOMPSON and BENJAMIN 
JAMES THOMPSON, Wy]am,Nortiiamberland, iron mas- 
ters, iron fconders, and engine maaufhctiirera, March 31 and 
April 19 at 11, Bankrupt Commission-room, Naweaatle- 
apon-Tjne: Sols. Brockett & Phflipson, Newcastk-upott- 
T^ne; Meggiaon & Co., 3, King's-road, Bedford-row.-^ 
Fiat dated Feb. 8. 

Mwnitaa. 
C. Daly, Red Lion-aq., bookaeller, March 17 at 12, Court 
of Bankruptcy, laat ex.— iSiaoer Sdwmrd Hide, Broadwater, 
Suaaez, builder, March 26 at 2, Town-hall, Brighton, fin. ex. 
and pr. d.-^Hewry Adol. Baber, Lindfield, Sussex, maltster, 
March 26 at 12, Town-hall, Brighton, fin. ex. and pr. d.— /. 
Lock, Northampton, tea dealer, April 1 at 10, Peacock Inn, 
Northampton, last ex.— VoAn Reeg, Stourbridge, Worcester- 
shire, woollen draper, April 1 at 1, Vme Inn, Stourbridge, laat 
ex,— Jot, Hadland, Castle Dykes, Parthingston, Northamp- 
tonshire, fiirmer, April 4 at 10, Globe Inn, Wcedon Beck, last 
ex.; at 11, aud. tc.—Benf, Read, Worcester, wme merchant, 
May 12 at 2, France's, Worcester, last tx.—R, H. GoddOrd, 
fringe maker, Wood-street, London, March 30 at 12, Court of 
Bankruptcy, aud. Bc^ChaHet Bichardeon, Brandey, Surrey, 
builder, March 36 at 11, Court of Bankruptcy, aud. ac.— W. 
B. Overton, Howford«buihlings, Fenchurch-st., and Dabton, 
ship and insurance broker, March 30 at 11, Court of Bank- 
ruptcy, aud. ac.— i9am. SMngler and Bfflvanui Tkoe, Jmnee, 
Liverpool, linen drapers, April 27 at 12, Clareadon-rooms, 
Liverpool, aud. ac.; at 1, div.— JoAa Buckley, Joe, Buckley, 
and Hen, Buckley, Mandiester, and Todmorden, Lancashire, 
worsted manufacturers, April 22 at 3, Commissioners'-rooms, 
Manchester, and. ac. ; at 2, div. — T, Broum and B. Broum, 
Wakefield, Yorkshire, linen drapers, April 22 at 12, Commia. 
sioners' -rooms, Manchester, aud. ac. ; at 11, div.— J*. Cblamoa, 
Manchester and Stalybridge, mercer, April 25 at 1, Commis. 
sioners' -rooms, Manchester, aud. ac; at 12, 6x9,^Bith, H, 
Walker and Rob, Joe. Peel, Mancheater, Sootdi ami Maa- 
dtestvr wawhowcMtti, April 26 at U, ConuaWtoMrt'-wiM, 



THE JURIST. 



Mancheiter, and. ae.; at 10, dtv.— FT. Luke PrattmoH, But- 
terknowle-lodge, and Mich, Fonier, Copley, Durham, wood 
merchants, March 28 at 11, King'a Head Inn, Darlington, and. 
•c,—Bieh, Botinttm, Low Light, North Shields, Northnm- 
berland, common brewer, April 6 at 11 , Bankrupt Commiaaion- 
room,Newcastle-npon.Tyne, and. ac. — M. Coe, Goidsmith-st., 
Wood-st., Cheapside, March 30 at 1, Court of Bankruptcy, 
dir. — Bemt. Marthall, High Holbom, tallow-melter, March 
30 at 12, Court of Bankruptcy, div. — T^omor Buckle, Bar- 
nard Castle, Durham, draper. May 2 at 1, Waterloo Inn, Bar- 
nard Castle, last ex. ; May 3 at 11, and. ac. ; at 3, div. — J, 
Jervii, WeUs, Somersetshire, draper, March 31 at 11, Mitre 
Inn, Wells, and. ac. ; at 12, first and fin. diy. — Stephen S. 
CJUmeeUoTt jun., Margate, Kent, baker, March 29 at 7 p.m., 
London Hotel, Margate, and. ac. ; at 8, div. — John Robert 
fUteher, Qrantham, LinoolnsMre, wine and spirit merchant, 
April 1 at 12, Hotel, Newark-upon-Trent, Nottingham, and. 
ac. ; at 2, div. — 2%ot. Burbey, Siehard Loe and Jamet Loe, 
Portamonth, bankers, April 18 at 1, George Inn, Portsmouth, 
and. ac ; at 3, dir. sep. est. Richard Loe. — John Phwet, 
Leeds, Yorkshire, merchant, April 1 at 3, Commissioners' - 
rooms, Leeds, and. ac. ; at 4, fin. diy. — Henry HUdyard and 
Robert HUdyard, Brigg, Lkux>lnshire, wme and spirit mer- 
chants, April 15 at 12, Angel Inn, Brigg, and. ac. and dir. — 
N, FraUy and Joe, E. Merchant, Bristol, linen-drapers, April 
1 at 12, Commercial-rooms, Bristol, dir. — Henry Rtynolde, 
lirerpool, druggist, March 30 at 12, Clarendon-rooms, li- 
▼erpool, and. ac.; at 1, fin. dir. — Georye Andrews, Stur- 
minster Marshall, Dorsetshire, woolstapler, March 29 at 11, 
Greyhound Inn, Blandford Forum, and. ac. ; at 2, fin. div. — 
Anthony Clapham, Gateshead, Durham, soda manufiu^turer, 
March 29 at 11, Bankrupt Commission-room, Newcastle-upon- 
Tyne, and. ac. ; at 12, first and fin. div. — John Bentley and 
T. Brown, Manchester, and Bradford, Yorkshire, merchants, 
April 1 at 12, Court-house, Bradford, and. ac. ; at 12, div.— 
Geo. Hndion, Isle of Thanet, Kent, victualler, April 11 at 6 
p. M., Albion Hotel, Ramsgate, and. ac ; at 7, div. — Joeeph 
Morrig, Birmingham, victualler, April 12 at 12, Waterloo- 
rooms, Birmingham, and. ac. ; at 1, div. — Ed, Bridyewater, 
Birmingham, victualler, Mardi 29 at 11, Waterloo-rooms, 
Birmini^um, aud. ac ; at 12, div. — Joeeph Nicholl, Haliftx, 
Yorkshire, worsted spmner, April 25 at 10, White Lion Inn, 
, Halifax, and. ac ; at 11, div. — Jamee Haiyh, Morley, Batley, 
Yorkshire, merchant, March 31 at 11, Black Bull Inn, Birs- 
taU, fin. div. 

CsnTIFXCATSS TO BB ALLOWBD, 

Unloee Cmue ehewn to the contrary, on or bejfore March 29. 
Thomae Bemroee, Spalding, Lincolnshire, grocer. — J. R, 
Fletcher, Grantham, Lincolnshire, wine merchant.~/aco6 
Coppleetone, Plymouth, and Exeter, grocer.—/. L, Shepherd 
tnd Henry Drew, Southampton, innkeepers.— B<ii;. Coleman, 
Liverpool, stock and share broker. 

Scotch Sbqvbstrations. 
/. Huldane, Selkirk, innkeeper.— T. Gemmill, Greenock, 
merchant. — Joe. Rodger, Dairy, Ayrshire, merchant. — Scott, 
Muir and Ooy, Glasgow, mcrchantM.'^ohn Riddell, Glasgow, 
innkeeper. — John Annand, Burghead, grain dealer.— JoAit 
MacphaU, Dingwall, merchant. 

INSOLVENT DEBTORS. 
Saturday, March 5, 1842. 
Thefollowmy Aeeiyneee have been appointed. Further Par» 
ticulare may be learned at the Office, in Portugal-et,, Lin-] 
eolnU'inn-ftelde, on gimng the Number qfthe Caee, 
John Kaye, Charlotte-st., Blackfiriars-road, Surrey, gentle- 
man. No. 770 T. ; Hugh Bowditch, assignee, in the room of 
John Christie, deceased.— T^Ao*. Williams, Drybrook, Wal- 
ford, Herefordshire, innkeeper. No. 58,622 C. ; John 'Hill, as- 
signee. — F, Angel, New Bimk-buildings, Princes-st., London, 
stamper in the Stamp-office, Somerset-house, No. 52,445 T. ; 
H. Barker, assignee.— /. M. Mendonea, Northumberland-st., 
New-road, Marylebone, employed under the Portuguese Go- 
vernment, No. 52,477 T. ; E. S. Blundell, assignee.— Jos^A 
Van MiUengen, Soho-sq., jeweller, No. 52,656 T. ; J. M'Rae, 
assignee. — Stephen England, CuUingnorth-gate, near Brad- 
ford, Yorkshire, wheelwright. No. 58,222 C. ; Wm. Laycock, 
assignee.— /amet lAster, Halifax, Yorkshire, currier, No. 
58,503 C. ; T. Sugden and J. Smithson, assignees.— /oAn 
Clegg, jun., Batley, near Dewsbury, Yorkshire, hawker of 
doth, No. 58,565 C. ; R. J. Temple and £. Farrar, assignees. 
^Frtd* fiogers, Slm-ftt., Gray'i-iim-lane, gtraw plait deal«ri 



No. 51,895 T.; J. P. Makeham, assignee— /oAn P«/eAcy 
Whitechapel-road, greengrocer. No. 52,573 T. ; David Daviei 
assignee. — Robt. Didebury, Sheffield, out of business, No 
58,515 C. ; Robert Burrows, assignee. — John Robison, How 
arth, near Bradford, Yorkshire, general draper, No. 58,423 C. 
John Blakey and James Smith, assignees.— TAomar Donnellji 
Sheffield, dealer in cutlery. No. 58,422 C. ; Geo. Dixon aoi 
R. A. Smith, assignees.— CArn. Langdah, Northallertoii 
Yorkshire, chemist, No. 58,581 C. ; F. W. Sutton, assigiMc 
— John Haste, Hunslet, near Leeds, out of busmess, No 
58,456 C. ; Saml. Hattersley, assignee.- C%a«. Sage, Witne) 
Oxfordshire, grocer, No. 58,406 C. ; James Marriott, assigned 
— Robt, Nicholson, Great Portland-st., Cavendish-sq., hmri 
agent. No. 44,576 T. ; W. S. Mayes, assignee— JSVor. Caheri 
Daw-green, near Dewsbury, Yorkshire, out of business, Nc 
58,437 C. ; Wm. Mann, assignee— il. Bradkury, Halifiu 
Yorkshire, beer seller. No. 58,465 C. ; J. Tillotaon, assignet 
— Jforl Veardley, Potter-hill, Eoclesfield, near Sheffield, of 
ter. No. 58,546 C. ; F. W. Everett, assignee.- If. PkOl^ 
Filey, near Hanmanby, Yorkshire, cleric, No. 58,589 C; 1 
Etty, assignee.— /oAb Kidby, Wivenhoe, Essex, shipwi^j 
No. 58,031 C. ; Jacob Dennis, assignee — Edw. Close, Clainei 
Worcestershire, taUor, No. 58,584 C. ; Wm. Griffiths, tf 
signee.— JbAfi Salmon, Tholthorpe, near Easingwold, Yorl^ 
shue, innkeeper. No. 58,374 C. ; John Jefferson, assignee.-] 
H, Shipman, Tottenham-court-road, tailor. No. 52,591 T. 
Saml. Dewdney, assignee.— Etfiff. Olner, High-st, Kennnj 
ton, glazier. No. 52,414 T. ; James Gibbins, assignee. 
The following Prisoner is ordered to be brought up hifit 
a Commissioner on Circuit : — 
Court-house, Huntingdon, March 30 at 10, 

Wm, Clack, Great Ravdey, wheelwright. 

Mbbtino. I 

ThomasBishop, Laindon, Essex, general shopkeq)er,MflK| 
26 at 3, Old Ship Inn, Rochford, sp. affairs. 

FRIDAY, Mabch 12. 
DECLARATIONS OF INSOLVENCY. 

JOHN SEABROOK, Aberoom Arms, Stanmore, liceuel 
victualler. 

WILLIAM DARLINGTON, Liverpool, wine-merchant. 
BANKRUPTS. 

JOHN PERRY CLARKE and OSMUND LEWIS. Cmi 
court, Threadneedle-street, newspaper and advertisemenl 
agents, March 18 at 11, and April 22 at 12, Court of Bank 
ruptcy: Off. Ass. Belcher; Sol. Clarke, 13, Geoige-stree^ 
Mansion-house. — ^Fiat dated March 10. 

EMILY ANN BIRCH, Bedford-plaoe, RusseUsqnai^ 
lodging-house-keeper, March 18 at 2, and April 22 at IS 
Court of Bankruptcy: Off. Ass. Gibson; Sol. Lloyd, 6^ 
Cheapside. — Fiat dated March 7. J 

SAMUEL JACKSON uid THOMAS FREDERICK JACK 
SON, Bermondsey-street, St. Mary Magdalen, Bermonil 
sey, Surrey, woolsUplers, March 22 at 11, and Apni:22 1 
1, Court of Bankruptcy: Off. Ass. Green; Sol. WaM 
231, Bermondsey-st., Bermondsey.— flat dated March 10- 

PHILIP WOODROW HART, Norwich, coach and PJ 
manu&cturer, March 17 and April 22 at 10, Beckwith < 
Co.'s, Norwich : SoU. Beckwith & Co.'s. Norwich ; Clirk 

* & Medcalf, 20, Lincoln's-Inn-fidds..- FUt dated MardiJ 

JOSEPH HORNCASTLE, Glamford Briggs, Unootojhirt 
seed merchant, March 21 and April 22 at 11, Lion Hotd 
Glamford Briggs : Sols. Nicholson & Hett, Brigg; Djn«^ 
& Co., 4, Bedford-row.- Fiat dated March 5. 

GEORGE STANWAY, Stoke-upon-Trent, Stoffordjhirt 
confectioner, grocer, and general provision-dcalcr, Mara 
24 and April 22 at 12, George Inn, Burslcm : Sola. W 
ding, Stoke-upon-Trent; Smith, 48, Chancery-laDC.— ri« 
dated March 2. „,T/,»rT?V 

ISAAC NEWTON WIGNEY and CLEMENT WIGNBr 
Brighton, Sussex, bankers. March 28 wd April 22 at ij 
Town-hall, Brighton : Sols. Palmer & Co., 24, BedfoW 
row. — Fiat datc3 March 5. ., ..j 

JAMES COUNTY. Cheltenham, Gloucestershire, oU ■»« 
colour man, March 29 and April 22 at 1, Royal Hotd ^^ 
tenham : Sols. Millar & Carr, 47, Eastcheap.— F>*t u»«" 
March 3. ,^-g- 

EDWARD SHIRLEY WEBSTER, Bi^nin^^ !*"P^: 
March 31 and April22 at 1, Wat«rioo-ro<»»«»*"^«^"^' 



THE JURIST. 



69 



t, Mdif.«trMt» (%aiipMe.»Ftet 



lUDERlCK jPRATTt Slokf.Ti|xm.TVent, Staiibrdshirei 
tfkr. Mftvb tl tl 12» Swmi Inn, SUfford, «nd Anril 33 at 
li, Ntvdvtle, teiwd : Ma. StercMon, StQk«.iiiNiii. 
1M{ WOiOBi Fto^vtl's Inn.— Fwt dated Maroh 2. 

flLUAM BURYt BlMl(biim« Uacaibire, ocum 
Mitk 24 at 1, and April 22 at 11, Town.halU Praatoa: 
gik Ld^ Ifc HaffTim, PrastoB { CoYeQe & Co., 19, 
" i.,Clian«err4ana.---Fi4dat«dMareh7. 
BOBIHSON, Hidme, near Manobester, glaae 
ooBvan brower. Hwoh 23 and Ayril 22 
IT It, CmMRMimert'-roomt, Manchester : Sob. Slater it 
HcdS^ ilid Banhaw ft Stt^ireosott, Manc^eatier j Parry & 
Ob., Ta«ple.--Ftat doted Maich 7. 

JOSSrH BMBRT, WeHa, 8omenetMre» sttrveim, elkemlkt, 
mkh^l^ April 6 and 23 at il, SonefBet Hotel, Weils : 
Sd. Jty, Sdjeant's Inn, Fleet-tftreet.— Fiat datfed March S. 

MSBTlKOfi. 

G^ (^ffrti, Kilnlitti^ Potterr, near Rotherh^, York- 
dlR,Mtowaie in^iht^fechirer, MArch 24 at 12, ToM-hali, 
SkMi,fi.L-^Be^f, Parker t Hampsteadt grocer, April 2 
ttlOnrtiDlBiiikniptcyv eh. aas.-— TAof. Jlor/raM, Sevte- 
akt, Kcat, Bnen dn^r , March 24 at 1 1 , Court of Baakraptcj, 
\Ati,^Wm. ^maiif, Alderagate-street, London, bookseller 
oAfiASAir, Mak^ 21 at 11, Court of Banktaptcy, hst ex. 
"tPiikttm^ Parker- ft., Dnirj-lane, smith, April 2 at 11, 
MifBiaknipitcy, and. te. and dir. — Hen, 7%08, Voggan 
larJiimH.BmifikmH, wd Tkm, TVir^rtt fTsMfs, Suffolk- 
d.,M.«iaU, East, amy agents, April 4 at 12, and. lie. joint 
iriaf.(st.--Va^ €fe0,B9wlty, Hatton-gsrden, bookbinitir, 
M4«tU» Court of Bankmptey, and. ac.— rAor. Marria 
wiBUierdNkJMMim^ Barton-opon*Hnmber, Linoolnshire, 
kaki,MsPBh 34 at bdf-past 10, Coort of Bankmptoy, and. 
ie.BdAr.-^4i£«iirssrawi^bs. Xael, Wood-sL, liondon, 
biMBtni of foreign gvods, April 4 at half-past 12, Court of 
takp^, Aid. act at 1, ^r.^J^eop, Sekmabaekn-t Mino- 
i^vtewrthant, April 4 at half-past 11, Court of Bank- 
npfey.aiac. — Em^U Bthaititt Lime-Street, wlhe merchant, 
ifdltUf-past 11» Court ctf* Bankruptcy, and.ac.; at 12, 
^r-i.f.HeiUMli^, ChiSwell-dt., Finsbury, elastic surgieal 
QidVMti dtiker, April 4 at half-psist I , Court of Bankruptcy, 
"ifc; It 2, ^T.— ^tft. H» Bercn, John S, HeroHy Ja$, K, 
^ffM, and Afiku^ fferfm, Manchester and Wigan, cdtton 
^BBai, April 2 at II, Commissioners' -rooms, Manchester, 
^ ; at 12, rad. ae. iep. est. of Arthur Hhnm^^T. Barlow, 
)MMer,ib6edaa]er, April 85 at 12, CommisSMiners'-rooms, 
Itiadtttff, 8ad.ac.; at 1, iir.-^J. M&itiiUk, Totness, 0e. 
ia>dBt,nfnar, AtMil 30 at 12^ WhiddoH's lUyal Hotel, Ply- 
^^mLwt.'^W. Riebaristmf KingsUm-npon-Hnll, joiner, 
^ 6 It 11, Qeorgb Im, Kingstan-upon^HnU, and. aoi^iS^. 
PmtU, Lesmington Priors, Warwiekahlre, plomb^, Apiril4 
«I2,aiao.$ atl, dir.— Geo. SmUh, I%amai AnffA, and 
^. Fni, Arn'M, Cheltenham and Liyeifobl, taSknra, April 4 
{["> %il Hodd, Cbdtenhatt^ and. ao.— /.(Nv. Ifmifi, Soles- 
*i^t okfkBMnsworth. Herefordshire, paper manufactorer, 
m 2 It 2, Court of Bankruptcy, dir.^Rowland Mitchell 
^«(<itNet, merohaBt, April 1 at 1 , Coiyt of Ban)uruptey , div. 
•;^Sacketf, BeU-yard, tarey-st., locksmith, April 1 at 
gi Court of Bsnlruptcy, div.— /©*» Alex, Smith and Wm. 
T^i Otford-st., ImeH drapers, April 1 at 12, Court of 
™optcy, 4iT. sep. est. of /ohn Alex. Smith,— Mary Anne 
**■«•» Oxford-tenraoe, Hyde-park, boarding-house keeper, 
mi It haff.past 10, Court of Bankruptcy, ^iy, ^Qeorye 
^<mof, Omsldrk, Lani^hire, beer brewer, April 4 at 12, 
^|»^-roo4is, IJyerpool, aud. ac. ; at I, diT.— /oAn Ste- 
M«i«9S nd &eo. Mote, NottJogham, marble masons, April 4 
^X Gayrgp liia Four^ Inn, Nottingham, aud. ac. ; at 1, fin. 
*-Jr«. Boritm, Kiri)ymisperton, Yorkshire, banker, April 
^ 6. Aagd Full, Whitby, div.— il. M^JUaehlan, LiTcrpool, 
*»«iticlwn«r, April 11 at 1, av. 

CbbTIFICATSS T9 9B AJiLOWBD 

y"> OMtsJlMm ta tha eontruryj on or Ufiura Aprii 1. 
^m^ ^^H ukI Ge«* Lqmg, Eastchbap, cork manufkctuttrs. 
«^ jJJNf Scattos, Manchester, coach bnilder.-«/am«t 
jJ^Dwftw^ Vo^cesterthire, upholsterer.— Jto*. P. Bustt, 
^^^ maohina makar.-^Sdta. Pa/eA, Atherstooa, 



tt.— B. B»nilt Llrwpool, m». 
hm ^T'^T^* iirarfn^iam* wholessla grocer.-— .4fnar 



Mldanj— iTiii. /<m*sm, Mmntoomlv Ldiwtonhin, 
aanwMV* 

Scotch SB^umtniATioKs. 
Jm. IHok, Glasgow, mason.— mn. and IMert IfiU, Edin. 
bofgh, grooon.'^WAlpfna and Bobertnht Glasgow, asar* 
ahaats.— /bAfi Blaek^ Gla^gowi man«lbctnrer.-*-(^MsM aad 
Brmmf Gk^gowi nMrehtfits. 

INSOLVlirr DEBTORS. 

The/nllowiH^ PrkonH^ tfr» ordtnd §6 b9 hHngkt I4» h^e 

the Cbflirl, M Portugal^i., m Jtfbiula^r, Af^ 1 af 9. 

9obf, Jbhmton, Ay1est>ury-plaoe, AylesbHiy-at.^ Cleitai- 
weQ, glacier.— i4)idrei9 Potrf, 6reen-st., Ofosrenor-sq., sur- 
geon. — Jbhn Bakirf Queen-st., Bdgeware*road, eaUnet mMcer* 
—John Beopergf Condttit-st., Bdnd-St., dentist.-^dMl. Jot, 
VrOodif Martborough -place, Kehnington-croSs, Kennington, 
plumber.^lknifef &Hld, sen., Uxbridgfe-st., KenAlngton, box 
maker.— Jm. Niekolh, Ffattbory-plaee, Fmsbttiy*ftq., Hfery^ 
staUe-keepen-^^. 0tf»he9l, Biwid.st., RatalUllb, outofbusi- 
B«sa.^^t^^lw IMeii Ii^ngAte-wharf, Pad^igtott, hay tlAea- 
man. — Moee Joel, Crown-st., Finsbury, aaotioBaer.'*-C. O. 
Dag, widow, Moecow-roadi fiiayswater. 

AprH 3, tt the eame homr emdplmee^ 

Lewie Marke, Grardeii*ittw, London-rosul* Sosthwark, ga^ 
neral dealer. — Daniel Carter, Pleet-Une, Fsrringdon-street, 
plumber. — John Dodeon, Brown's-lane, Spitalfields, cabinet- 
maker.-^flbm/. C^iegt PiccadiUy, horse dealer.— i/. Eeeve, 
Pttlham St. Mary, Norfolk, earrier. — Tkoe, fkhweather^ Bri- 
tSBnia-isrrace, City-road, stock bttter.— il. Andtreoh, sea., 
Clemeat's-UdM, Lombnrd-st., bisemt baker,^— J'Wrf. Onutte, 
nMtland.plaee North, Claphsim-road, Surrey, out of business. 
— /lOld Joa^k, Gttat Pktseott-st., Goodman'a.fialds» out of 
bufaMs.— iio^^. Jemunge, Ratdiffe-highway, hatter^ 
April ^, at the aame homr and place. 

J, A, Smithy Sottth-rdwi New-road, St. Panpraa, ooach- 
la^er.— liiiey Shearemith, Burwood-mews, Tttchbounie-st., 
£dgeware-it)ad, beershc^ keeper. — J, Barramd, Clare-market, 
fishmoxtter.— /. W. Goulkom, Cumberland-row, Islington, 
undertaker. — Jatnet Gordon, Ward's-plaee, Hoxton 0|d-town, 
blacksmith. — /. B, Ablelt, Upper College-groTe, Camden- 
town, assistant to a draper. — Chat, Vole, Terrace, Yeoman's- 
row, Brompton, engraver. — John Copping, WenlocV-oottageS, 
City-fudt theatrical uacnlnist . — — n. A, Gtrttortgnt, Bcofbtd- 
terrace, St. George's-rtmd, Sdrrey, out of business.— J{., S, 
Thonua, Kihg-st., Kensingtdn, baker. 

Cburt-houee, BatSTOL, CCitgJ, Manh 17 tft 10. 

jamee Partridge, Bristol, sOk-mercer.— JbAii'^arrif,Brila- 
tol, cArver. 

Coifr/*Aoiis«, Lincoln, (Vownig)^ April 1 at 10. 

/. JBrotan, Louth^ oordwainer.— i^ai^. Sheltan, Gt. Grhm- 
joiner.— i2o»er/ Miller^ Stamford, ahopkaeper.— /oAm 

'aUterf jun., Crowlahd, baker.— nof. Watoin^ Esgla-Boor, 
oearLfaicoln) hameas-malcer.— P. OrofUham, Bostoui tailor.*^- 
Johm Cnmunack, jun., Wroot, near Bpworth, agricultural la- 
bourer. — Wm. ArkeTf Godney, ▼ictualler. — Wm* Mmdarhg, 
Tetney, Great Grimsby, butcher. 
CburT-AotMa, Wblcb Pool, M^nigomergekiroi Aprils cf 10. 

9, Owen, Newto#n, shopkeeper.— r. Afdti^^d, BBrriew, 
lime bttmer's derk.— ^oAn Pagh, Pwislian, ftrmer. — Bdibard 
Dairies, Fftiodorddy, Llanwrti^wl, Brecknockshire, ftmi^r. — 
G. D. Grifflthe, LlaniyUin, writing clerk. 

Oourt'kotioe, Dolgbllt, Merionelhehire, April 1 mt 10* 

A, Pngh, Llandber« lime burner.— JIf. Oimb, Fentr^grvel, 
fanner. 

Co«t*/-Ao««e^ Bodmin, CbmiMll, April I ai 10. 

JamelB TVeweHe, St. Earth, Lod^n, tnllor.— JbAii ITOr- 
d^, OtteHiam, shoeiliaker. — 7%oe, HoeMng-, Meneage, near 
Helston, oordwainer. — Jamee Barnecut, LiSlceard, tailotr.*— 
Sdw, Mag, Lanivet, innkeepet. — Henrg Trev&ton, Helston, 
plumber. 

CourUhouee, NOtiinobaii, (OoanigJ, April 4 a/ 10. 

Henrg Wright, Badford, out of b\isiness.— 7%o». HoUthi, 
Horsley Woodhouse, Derbyshire, grocer.— iSamtce/ Walker, 
RadcUffe-updn-Trent. out of business. — B, Oamebn, Gring- 
ley, cattle dealer. — HenVg Fox, Ashbome, Delrbyshire, laco- 
man.— i9. Graham, West Stockwith, Misterton, shopkaeper^s 
ttalstant.--l>. C. Gregory, Carrington, Basford, Wee iktket, 
^B^nd. Greene^ith, Bram«»ee, firame aAm.-^-^h. MaHfn, 
jStaplefoid, xvtttier of hcw^^W. T, Dkkwmn^ BeAatoA, ocit 



% 



88 



THE J'tFRIST. 



of bvainesfl*— CAoff. Healey, Swwrkstone, Derbyshire, Ubovrer. 
— Jot. Fbrdt Workfop, baker.— T^lot. D. Dixon, Merkham- 
fldd, oat of bii8me8S« — B. Skarp, Newark-opon-'IVeiit, htnrk' 
tr.^Rieh. Smediey, Old BrinskBy, laboarer.— /omjiA WUmm, 
SelstoBe-renta, coUier.—BeiiJ. Rootk, Jan., North WUigMd, 
ThuebjMrt, miller. — Cktu, Boper, Birchwood, Derbyehire, 
blacksmith. — Jokn CutHm, Moant Horton, oat of bosiness.— 
BUi. JftAMT, Higham, Derbyshire, retailer of beer. 

CburZ-iloKte, Nottxnohaic, (Town), April 4 ai 10. 

8. G. Cooi€, Nottinsfaam, sise compost maker.—/. Man^ 
mrngf New Lenton, boUder.— FFm. Biskcp, Jan., Nottingham, 
shoemaker.— >frm. Beoitall, Nottingham, woollen draper.— 
D. Addicott, Nottingham, batcher.— J7. Yr%«eMoM»,NottiBg- 
hsta, bookbinder. — TAot. Hall, Nottingham, frame smith. — 
X. 0*Hara, Nottmgham, shoemaker. — Chat, Athmore, sen.^ 
Nottingham, lace maker. — W, Miller, Nottingham, bag hosier. 
— >/oAii I^Jtwood, Nottingham, batdier. 

iKtoLtmirr Dbbto&'s Dividbno. 

BUxaietk HUmuu, Bristol, March 16, Moore's, Bristol : 4f . 
8cf . in the poand. 

Mbbtino. 

Jam^ Jam§9, Salisbory, Wiltshire, Mardi 29 at 2, Lam- 
bert & Norton's, Salisbory, sp. affairs. 



Mastbbs dt Chancery. — ^The following gentlemen 
hare been »pointed Masters Extraordiniu^ in the 
Hi^ Court of Chanceiy: — ^Ed ward William Haslewood, 
of %ridgenorth, Shropshire; Thomas Henry Gem^ of 
BirmJTOham, WarwicKshire ; George Maxwell Edmonds, 
of Chmaley Northamptonshire ; John Marshall^ of King- 
ston-npon-Hnll ; John Frederick Robinson, of Hadleiffh, 
Essex; James Benjamin Vickers, of Manchester ; Wil- 
Ham Gay, of Wisbeach, Cambridgeshire; John Har- 
•vej Boys, of Maigate, Kent; John Hawkey Bingham 
Omake, of Bridgewater, Somersetshire; John King 
'Watts, of Saint Ives, Huntin^onshire ; William Brom- 
ley the younger, of Haylin^ Island, Southamptonshire ; 
Alfred Baldwin East, Birmingham, Warwickshire; 
Thomas Rawlins^ of Cerne Alba^ Dorsetshire. 



THE LAW LIST. FOR 1842. 
Next week will be published, prioe 6«. 6<f., bound in red, 

THE LAW List; being a List of the JUDGES 
AND OFFICERS of the different Coarts of Jastioe : 
COUNSEL, WITH thb datbs of thbie call and inns 
OF coumT, SPECIAL PLEADERS, CONVEYANCERS, 
and a complete and accurate List of CERTIFICATED 
ATTORNIES, NOTARIES, &c. fa& England and Wdes, 
witti the London Agents to the Country Attomies, as printed 
hf Permissioa of the Commissioners of the Stamp Daties: to 
which are added, Table of Sheriffs, and Agents, List of Bank- 
ers. Law and Pnblie Officers, Circaita of the Judges, Quarter 
SesdoBs, Ac., and a Varietr of other useful Matter. Bj 
TEE8DALE COCKELL, of the Stamp Office. 
. V. & R. Stevens & G. S. Norton, Law Booksellers to the 
Commissioners of Stamps and Taxes, (Successors to J. & W. 
T. Ckrke), Portugal-street, and Bell-yard, Lincohi's Inn. 



ARCHBOLD*S BANKRUPT LAW. 
Just published, 12mo., price 1/. U. boards, 

THE LAW and PRACTICE in BANKRUPTCY, 
as fbunded on the recent Statutes. By JOHN F. 
ARCHBOLD, Esq., Barrister at Law. The Ninth Edition, 
enlarged by the Statutes and Cases to 5 Vict., the General 
Orders of the Court of Bankruptcy, and New Forms and Tables 
of Costs. By JOHN FLATHER, Esq., of Lincohi's Inn, 
Barrister at Law. 

S. Sweet, 1, Chanoery-lane; and V. & R. Sterens & G. S. 
Norton, 26 and 39, BeU-yard, Lincoln's Inn. 

Of whom may be had, 

DOWLINO'S QUEEN'S BENCH PRACTICE CASES.— 

Nbw Skribs. 

Just published. Part 1 of a New Series, price 8«. M, 

REPORTS of CASES determined in the QUEEN'S 

BENCH PRACTICE COURT, with Points of Practice de- 

dded in the COMMON PLEAS and EXCHEQUER. Com- 

prising Trinity and Michaelmas Terms, 1841. By A. S. 

. POWLING, Esq., of Gray's Inn, Banister «t Uw, 



IT is respectf ally announced- to the ProfFeMon, tl 
the CASES of CONTROVERTED KLMmONS 
the PRESENT PARLIAMENT of the UNITED KIN 
DOM, being the Fourth Fkrliament suiee die PtMaing of 1 
Aets for the Amendment of the Representat&oii of the Peop 
will, in Aitnre, be reported by A. BARRON, Beq., of i 
Inner Temple, and ALFRED AUSTIN, Esq., of the Mid< 
Temple, Banisters at Law. 

\* These Reports wOl form a Continositiosi of those 
Messrs. Coekbum & Rowe, Perry & Knapp, Knapp 9t Ombli 
and Falconer h Fitsherbert, and wiUbe prmted In a similar stf 

S. Sweet, 1, Chancery »lane, and Steftos & Norton, Beil«yii 

WALFORD ON PARTIES TO ACTIONS. 
Just published, in 2 Vols., 12mo., price 1/. 10s.» boards, 

A TREATISE on the LAW respeoting PARTIi 
to ACTIONS. By FREDERICK WALFORD, Bm 
of Lincoln's Inn, Spedal Pleader. 

Saunders & Benning, Law BookscDers, 43," Pleet-street. 

CHAMBERS ON INFANCY. 
This day is published, in one thick Yofaimey royal Sro., pii 
1/. lOt., boards, 

A PRACTICAL TREATISE on the OTJRISDK 
TION of the HIGH COURT of CHANCERY ow 
the PERSONS and PROPERTY of INFANTS. By JOHl 
DAVID CHAMBERS, M. A., of the laner Temple, Bamib 
at Law. 

Saunders & Benning, Law Booksellers, 43, Fleet-street 

This day is published, in 12nio., price 14#., 

A SYNOPSIS of the LAW rekting to INDICT 
ABLE OFFENCES, in which the Crimea, (in Alshi 
betical Order), the respective Fanishmeuts, the utcewary Eri 
denoe, together with Obserratkms, •emtMradng a condfiBi 
Digest of Cases, are tabolarir ananged; aiid ooDmisfaig ahi 
References to Precedents of Indiotmeata for each Offsneew 0] 
B. BOOTHBY, Esq., Barrister at Law. 

Saunders & Benmog, Law BookssBers, 43, Ftoet^street 

LORD CAMPBELL'S SPEECHES. 
This day is published, price 12«.,. 

SPEECHES of LORD CAMPBELL at tha BAB 
and in the HOUSE of COMMONS ; with en Additfl 
to the Irish Bar, as Lord Chancellor of Ireland. 

Adam and Charlea BUck, Edinhm^gh; Longman & Co., 
London. _ _ 

SMITH'S LEADING CASES. 



Second Edition, 2 Vols., royal 8fo.^ piioe 81. 8t.« boards, 

A SELECTION of LEADINGT CASES on VA- 
RIOUS BRANCHES of the LAW,. wUh Notes. By 



JOHN WILLIAM SMITH, Esq., Bamaler at Law. 

The Second Volume of tUs New EdiliBB onbel^iqptf' 
ately, piioe W. 3t., boards. 

A. Mazweli H Son, Law Boohsdleni wmA VMitkm M- 
yard» Unooln's laa. • 

PETERSDORFrS NEW ABRIDGMENT. 

Just published, Vol. 2, Psrt 1, price St., to be continued eraj 
Two Months, 

A PRACTICAL and ELEMENTARY ABRIDG- 
MENT of the COMMON LAW, as altered and esteb- 
lished by the Recent Statutes, Rules of Court, and Modem 
Decisions; comprismg a full Abstract of all the Clues af^^ 
and determined in the Courts of Common Law and on Appw> 
with the Rules of Court from Michaelmas Term, 1824, ^ 
Michaelmas Term, 1840, inclusive, and of the Statutes p«^ 
during the same period, with connecting and illustratiTe R«' 
ferences to the Earlier Authorities, and Explanatorr Notes ; 
designed either as a suppleiisnt to the Author's Abndgm^r 
or as a saPAaAxa Work. By CHARLES PETERSDORFF, 
Esq., of the Inner Temple, Barrister at Law. . 

V. and R. Sterens & G. S. Norton, Law Booksellcn «» 
Publishers, (Successors to the Ute J. & W. T. Clarke, of For- 
togal-street), 26 and 39, Bell»yard, Linodln's Inn. ^^^ 



••• Orders for THB JURIST gWcn to sa? Nswi mUrj^L*^ ^ 
(post-paid) wot to th« Ofllee, No. S. CHAKTCCRY LAIlB. oH« T;*^ 
ffTEVBNS ft G. S. NORTON. (SuceiiMri to J. * W. T. Clffw^, 
Portvfftl Street), » and SB, BELL VARD. wiU toS;Jr/?iSa- 
IWeryln London, or lu beW forwmrdcd on tiM '^•^S' ^^^ 
m, through tha medium of thePoat Oflice, to thr*-*"'"'^! - 



of 
dallvery 
tkm, '^ 



London : Prlnt«l by WALTER ^'t)OWALLiJSS"SLiJ:^lga, 
•anTov Row, and PublMud by WEPHJIN « wf "i liiS 
sndFQ»i4snaB,9,Cn4xi:nT^in. a»»iB*y#.HsreH "r w* . 




\^ 



)^ 






No. 271. 



MARCH 19, 1842. With Supplement. U. 9d. 



\^ Tk$ /hOowmff €ure th§ Names of the Gefalemm who fatfwr Tujt JjjKin wth Rq^ 
decided in the several Comit of Law and Equi^:-^ 



HflMtefliOvdi 



PfHy 






r E. T. HooD» Esq. of the Inner 
* * ' \ Temple, Btrrister at Law. 

{TxNisoN Edwabds, Esq. of the 
Inner Temple, Barrister at Law. 
£lec. r A. V. KiBWAN, Esq. of Gray's 
. . . \ Inn, Barrister at Law. 
Chanodlor's fE. T. Hood, Esq. of the Inner 
. . . \ Temple, Barrister at Law. 

r of ^ Bolls ConrtI ^- J' R?»82n, Esq. of the Inner 
a UB nma ^our*-^ Temple, Barrister at Law. 

Tiet-OMMillor of Eng- fTxirisoir Edwakos, Esq. of the 
ksd's Court \ Inner Temple, Barrister at Law. 

Tiee-OaiioeUor Bmce's f W. W. CooPsn.Esq. of the Inner 
Csvt \ Temple, Barrister at Law. 

TW^rhmpwHor Vigram's J E. J. Bbvie, Esq. of linooln's 
Gbat \ Inn, Barrister at Law. 



Court of Qneea's Beneh< 



{ 



Queen's Bench Bail Court • 



E. Kbicpion, Esq. of the Middle 

Temple; and 
G. J. P. SMrra, Esq. of the Inner 

Temple, Barriften at Law. 

FA. y. KimwAw, Esq. of Gray's 
[ Inn, Barrister at Law. 



Court of Common Pleas /^' ^ MAmaHMAW, Esq. of lia- 
\_ coin s J 



I Inn, Barriiter at Law. 

W. M. Bbbt, Esq. of Gray's laa, 
Barrister at Law. 

Ecclesiastical and Admi- TRobbbt pRiLLiMomi, Adtooate 
ralty Courts \ in Doetors' Commons. 



Court of Exchequer . . . • 4 



Court of Reriew 



JF. Fishbb, Esq. of liaoohi's 
\ Inn, Barrister at Law. . 



LONDON, MARCH 19, 1842. 

THE COPYRIGHT BILL. 
Wb hsre often had occasion to comment on the sin- 
|«kr V acB enc a s with which Bilb in Parliament are 
dnwi; Vat the Bill now before ns seems really as if it 
veniflteded to shew how entirely reckless of all ac- 
evncf, the fiamer of a Bill may be, without losing 
jitiiHQDeBtaiy caste. 

With the principle of the Bill, we hare nothing to 

do; we neither applaud nor disapprove it. For though 

we Buy haTe an opinion, wheUier it is just and ex- 

pedkn^ on piindple, to extend the term of enjoy- 

meni of a^yyright, yet we conceive it to be so very 

fvohlemalical, whether practically any substantial 

cfaai^ will be effected in the interests of authors or the 

public by the propoaed change of the law, that we hold 

ila JHftter of very slight impoitanoe whether the law 

is I hs^p (1 or not. But, as members of the community 

baud by tiia hiws, and still more as lawyers called upon 

to cxflani them, we have a wish, and we submit that it 

■ not oi mantaaonable one, to see laws passed in such a 

ihi^ that >thdr objects and effects may be at least in- 

tuffitfUtj, if they are not absolutely certain. : Let us see 

bew tetibe Bill which is now before the Legislature, for 

^kn^i^ Law of Copyright; fulfils these conditions. 

The iM material clause (sect. 3) is sufficiently plain. 

In the ei«e of any book published after the passing of 

^ Act, dnriiig the lifetime of the author, it gives the 

oopjrigfat to tlie author and his assigns, for the life of 

the anthor, and twenty-five years afterwards; and if 

the hook be published after the dei^h of the author, 

tbca to the proprietor of the manuscript for thirty 

ytars ftvm the first publication thereof. Thus much 

IS to books published after the Act. The next section 

deals with books published before the passing of the 

Act; and of that also the meaning is to be collected 

with tolflnbto-oevteaity, although it laezpressed in sin* 

Vo«-VI. J 



gularly circuitous language. As we understand it, it 
will have this effect : that, wheire an author has in him- 
self the copyright of his work at the time of the pass- 
ing of the Act, there, he will, under the Act, have nis 
term extended to the same tenn as if the Act had been 
in force when he'published his work. But if the copy- 
right was, at the passing of the Act, vested in any per- 
son as a purchaser, (the words of the clause are, *^ in all 
cases in which such copyright shall belong, in whole or in 
part, to a publisher or other person, who shall have ac- 
quired it /or other consideraHon than that ofnaHtral love 
and ejection'* )y then the copyright is to endure only so 
long as it would have endured under the old law, unless 
the author, or his personal representative, and the pro- 
prietor of the copyright, agree to accept the benefit of 
the Act, which they may do by r^^tering a minute 
of such consent under subsequent dauses of the Act. 

We now come to the 4th clause, intended it seems to 
meet the objection taken last year to Mr. Serjeant Tal- 
fourd's Bill, that, if copyright were greatiy prolonged 
after the death of an author, valuable works might be 
withdrawn from the public store of information by the 
scruples of the descendants of such autlfer. This dause 
therefore, enacts, ** that it shall be lawful for the Judi- 
cial Committee of her Majesty's Privy Council, on com- 
plaint made to them, that the proprietor of the copy- 
right in any book,, after.the death of its author, has re- 
fused to republish or to allow the republication of the 
same, and that by reason of such refusal such book may 
be withheld from the public, to grant a license to such 
compli^i^t to publish such book, in such manner and 
subje<;t to such conditions as they may think fit; and 
that it shall be lawful for such ci^mplainant to publish 
such book according to such license." 

Now, much as it has b^en the fashion of late, in law 
bills, to cut the Gordian knot in all cases of difficulty, by 
giving a sort of discretionaiy jurisdiction to the-Privy 
Coundl, we do x^t remember:aoy bill in wfaieit'ithas 

\ 



90 



THE JURIST, 



been thought expedient to vest in any tribunal so Tride psoof oi payment to the parilea employed by him, to be 



and vaguely defined an autiiority. Obaerve what the 
duty prescribed to the Judicial Committee is; it shall be 



lawful for them, ^' on ctomplaiat;" not on complaint i the right jrf publishing theiyartiolea in a separate form." 



supported by affidavits, w other proof, but simply on 
complaint ; — Am} of what kind oi wn>ng is the complaint 



to be? Not that the proprietor of the copyright has the time of the passing of this Act^ have projected, con- 



perversely, and for a lengthened period, refused to per 



mit the republieation of his woric ; not that, it beuig ^ duot^ and eanry on, any encyclopedia, veiriew, laa^ 



prim& &cie evidence of hia proj^arty in their articles: 
proviso, sacuring the right of autliors ^ho have reserved 



Now, what says the clause itsdf? *^ Be it enacted, that, 
when any publisher or other person shaU, before or at 



dupted, fm^ pajried on, or shall hereafter prpject, con- 



sheiQr^ that h^ might prudently ^d adyantagaaualy as 
regarded his own pecuniary intei^ata bf^ve rcg^uhUe^d, , 
he h^B without any sufficient reason refused to do so^ 
and that, by sueh .continued sefusal the public are de- 
prilyied ti th« bo^ and ano ide facto damnified; but 
simply, ^ that he lias xvfosed; and that by reason of such 
jrefy^ fUfdi beta)? mqft be nmt^hheld from the public." 
So that on any one making a compltunt, that the pro- 
Iffietfs: .9£ a 9^R>SQght k»9 r«£iised to republish, with pr 
'wMhoot a paitide of e^dence as to the causes and ex- 
taHt 9f i^ek ^fffimk, wi^oqt any inquiry whether it 
was founded on the piopnetor^s just calculations of the 
«i^ilMPi0rci4 jA^fl^i^i^ ^tl^en ^pui4i8tuw Q^ v^ie- 
ther it wae « long lOontiUQad and pervasse xefiisal ; pro- 
vided t]|e 4ill^ailion l^ that the unfortunate ju^prietor 
has refused sinqdieiler, and further, that by reason of 

BUOU VCniSBl vBv vvOK TUnrT xH5 ^^WBueSvl iTOlB wBe TDttOttCa * 

the 9viik&Bl >GomiBittci0 wiJi have iauHhaniy to gmnt a 
lioenas to Ihe ommdaimiit to foiblidi the hook. 

Nov, we jau»w very veil, that the Juckidtd Com- 
anittee woidd not he likely, in prnotice, to aaeume the ; 
jurisdiflfeion wfaioh, i£ we are night in the eonstniction ] 
cf this cdaufie, voulA he eonfenred upon It. We know, 
tiiat it would psodbahly not recf^ve a petition nnder the 
Act, without aUegatione nmeh more material and per- 
tinent to the matter of the iajmry anticipated to the 
puhUo, than those which seem Alone pveaoribed by th^ 
Bill ; and we admits tiiat it would probably lay down 
eadti xuks and cegulati^s for goveniing applications of 
^lis tnatoxe, as ahould jostrict its own jurifldiotion in 
pcaptioe to the jcaas ai a qiacific injury to ti&e pnhUo, 
ariffing out cf ti^ie ]iiuwaaaiMd)le .i^id wanton withhold' 
Sng of a b^ok hy ike proprietor, in oUier words, -we 
believe, ihat, the ofiact of 4ie clause being to enact, i^at, 
wheamner the piii^etor of a ooj^right jrelusesto xepub- 
liah it^ it shall he lawfoi for the Judieikl Committee to 
inquire i^tp tlie :|nstter, and do as it thinks fit, the Ju- 
dicial Coramiltee would, in comdatence with the prin- 
dplep wduoh in modam times govern Ooosts of Jostice, 
limit the drcuaMtaaoes, under which it would entertain 
applkationa, by a aeteenoe to the substantial matter of 
^KKWg ininndfld to he provided against. But, we sab- 
anit that, fitst, -it is not usual, in piodem times, to anv 
any £ouit with suoh idisolute and totally discretionary 
powBis; and seeondly, that, if it be the intention ^ 
Clause 4 of this fiiil so to arm tiie Judicial Committee, 
it would be better that it ahould do so in tema. fiut 
if, as we heiiaye, the fitam^s of the Clause had no such 
intention, then we euilanit, with great defiivenoe, that it 
will h^onme WKwapaiy to le-draw it fiom beginning to 
end. 

We wffl naxt tidce up the Idth ckuse. Of this, the 

imMywaJBOte ia thus stated: ^'Copyright in encyolo- 

y^4K|s» ^^iodiof^ D^orH ««ul worios pidi)li4Kd ja oe- 

jries, to ]^ i^ tl^ pirtOiaHajr oy c^o^tiQ^ tbf^x^i mi 

2 



9in^ periodic^ work^ pr v^ork puhUat^d i;^ a series of 
\i(QS^ Of parts, or any hook whatsoever ; and shall have 
ezoploy^ed pr 8ha^ employ a|iy persons to compose the 
same* iftr mf fi^ohune^ |ni^ essays, articles, or portions 
tbeiaofy fi>r|kttUiflaliocL in nr as part of ttie s^n^e, and 
enc^ work, Tokanes, ^)arte, essays, articles, or portions, 
shall have been fnx ehall thereafter be compose4 under 
such employment, on the i^erms, that ijie cppyri^ht 
therein ^BhaU b^lQ;|i^ tp sueh projector, publisher oreon- 
dHptcM^ iMP^d f ai4 fivr hy sueh proj^ctpr^ publisher p; 
condvetor, the .aapyugbt in ^very such encyclopedia, 
aeview^ maga^e, periolttcsl wiodc, and wwAc ^Uished 
in a series of books or parts, and in every volume, pari, 
essay^ aitide and portion so composed and paid fpj', ^d 
s^ch pnojectoj, pubJlUb^r or oonductor ahaU h»ye ^ |^ 
remedies l)sr tMe M papfided for the pjpprietais of 
oO0y^sfl|HT, vRou nvv iRif) ^Tsvpenry "Ot ^rxob pzOjeccor > put)* 
lisher or other vconductor, \^o Aidl ei^oy the same 
rights as if he were the aetaal author thereof, and shall 
have such tenn of oopyvight thoaein as ds given to the 
anthon of boeks hy this act* : Biovided alwaysy that 
nothing fierein contained shall alter or affact the right «f 
any fer^m vho shaH have been ar who ah^ be so em- 
ployed as aforesaid, to pubHsh any sach hk eomposition 
in a sepaiate tbna, who, by any oontnutt, expisss or im- 
plied, may have reserved or may hanafUr feserve to 
himself aach xig^; hat every autl^or xeaennag, vetoin- 
iqg or having saoh i^ght, eh^ he eatitled to the copy- 
fight ia sach oompoeitiflaa when pahlished ia a iKpante 
fi>nn, aooording to thia Act, witbipt papjadice to the 
right of such projector, puhtiaher or ooad^ptor as afon- 
8aid.V 

^Kie^slauie, theaefine, in Ihe intioductoiy ]Mirt,tiuk«s 
the copyngfat of the pvogaator <»r coi^dn^tor of tiie £Dr 
oyclop«dia, hc.y depend on the uai«n of two <»fevn- 
qftanoeee first, his having employed any persons to coib- 
pofe st; and, seeoncHy, the aitieles, essays, &o„ having 
been composed cm ilU terfm tiiat the oopyrig^t AA 
belong to the piojeotor, and he paid lor hy him. So 
ihr, thoFefove, Ivom diiactly ^piestuig the cflj>yri^ in 
the projector, or Isom makhig the payoKoat by haa for 
the separate articles, Ksc., any evidence of the copyrig^^ 
being In him, it seems to oust^ inferentiaUy, his claim 
•to su<4l copyright, unless the articles have been fur- 
aiflhed u^idier a apeoific eontmot, that he ^fitf have co- 
pyright in them, fiut then fbUowa ^e omelttding pro- 
viso, ea^i^ing the right of an author to preserve to hinnaelf) 
hy apecial contvaot, the right of sepantdy publiabiiig 
his contributions. We have, therefore, here, a daose, 
the first part of which, -by iBfevauoe, leaves the copy- 
right in a contribution to a p^iodical work mj^ 



* There is obviously here a miapriat; ^he pjur^; " W^ ^ 
projector, publisher, or conductor shall have aj A^ remedies 
by tias act provided %^ the proprwton <rf eopvr^* " "*«*"• 

i9m :i6w iha :eiitfit«#ig ^^^ 



'sbouid 



THE JURIST. 



91 



writer^ nnlesa^ by contraety be bas deprired bimself of 
it; wiiile the latter part, by inftrenoe, takes the oopy- 
i^i oat of the writer^ iinlen be shall, by speeifio oon- 
tiaet» hATo leaenred it to bimaelf. We do not envy the 
Jvdge who shall be called upon to oonstrae, jadidally, 
this dame. 

We hare passed orer the whole of the registry clauses^ 

i^ch i«^[iiiie no partieiilar eommentary of this char- 

aete; and we emne next, and lastly, to the 28th. 

Ibts has in Tiew, as it would seem, the giving and re- 

gnlatiag of powers to proceed, by way of injunction, to 

lestnin the pixacy of works. We would first obsenre, 

that then is an obTions obliTion, in the commencement 

«f the danse, (which giyes powers to the Lord Chan- 

oeDor and the Viee-Chancellor), of the fact, that, under 

and by nrtae, and in consequence of a certain act, made 

and psBvdy (ke^ in the last session of the late Parlia- 

meat, there is now no such person as the Vice-Chancel- 

lor, but that there are three Vice-chancellors. Thisis, 

hewerer, a mere trifle, and no otherwise deserving of 

Botiee^ than as part and parcel of the general inaccuracy 

nhiehperrades the bill. In substance the clause appears 

ioteaded to give to the Courts of Equity in England and 

Irelsnd^ upon application by petition in a summary way, 

sad to the Courts of Common Law in England and Ire- 

kad, and oertain other Courts, on application by motion 

in asaminaxy way, supported by affidavit, &c., to make 

soch orders for the issuing of an injunction, or for the 

cwrtiniiing and enforcing, or dissolving such injunction, 

** iB,aeeoiding to the course and practice of each of such 

Coarts xespeetively, can or may now be made in a suit 

ngidady instituted;'* and also to make such order for 

so eeoMai; as, according to the course and practice of 

flseh soeh Court can or may now be made. 

We aie of oonise bound to presume, that the framem 
ofthe Bin axe aware, that, according to the course and 
pmetifce of the Courts of Common Law, they do not act 
by wajr of injunction at all; and that, consequently, to 
cnaety that they shall make such orders for the granting, 
continiii^g, or dissolving injunctions, as by their course 
and practice they now can or may , is to enact, that they 
shall do nothing. What therefore is the intention of 
fbt refer e n ce in this clause to the Courts of Common 
lawy we are at a loss to conceive. With regard to its 
clfect on the practice of the Courts of Equity, it seems 
intended to give them power to grsnt injunctions, either 
ex parte or on notice, and the consequential account in 
natters of literary piracy, in a summaiy way, without 
the TCgnIar*institution of a suit. 

Whether this is an improvement or not we shall not 
aowaunntely inquire. We will, however, observe, that, 
as tlie ddef source of expense of obtaining an injunction 
does not depend in general on the circumstance of a suit 
beiiig instituted by bill, but on the extent and expense 
(tf evidence, and the consequential expenses of the pro- 
ceedings in Court, the total expense will probably be 
icarody diminished by proceeding on petition in a sum- 
mary way. And with regard to the necessity of summary 
protection for the owners of copyright, if the present 
mode of proceeding by ex parte injunction is not sum- 
maiy enough to satisfy the most intense craving for 
protection, we know not how the owners of copyright 
are to be aatiafied. 



OuB readers will perceive by the Parliamentary Sum- 
mary, that Lord F. E^^erton's Bill, for altering the Law 
of Marriage, is thrown out. For the present, therefore, 
Lord Lyndhurst's Act, (6 & 6 Will. 4^ c. 54), remains 
the law as regards marriages within the prohibited de- 
grees. We have not ofiered in this journal, nor do we 
mean to ofier, any opinion on the question, either ol 
the morality or expediency of the proposed change; 
but we wish to point out an error which has very much 
pervaded the whole debate, with reqiect to the effect oi 
the 5 & 6 Will. 4. It seems to have been assumed by 
many honorable, but not learned members, that the re- 
striction on marriages between persons within certun 
degrees of affinity took its rise from the date of that 
Act only; and that, moreover, that Act was specially 
directed against marriages between a widower and the 
deceased wife's sister, or a widow and the deceased hus- 
band's brother. — ^Whereas, in fiict, certain marriages, and 
among others those alluded to, were forbidden, though 
not void if contracted, by the Statute Law, (see the 25 
Hen. 8, c. 22; 28 Hen.8,c.7; and 32 Hen. 8, c. 38), as 
well as by the Canon Law. The Act of 5 & 6 Will. 4 
did not profess to prohibit anything de novo, but merely 
to settie the law, and to give force to antecedent pro* 
hibitions. It had merely in view, (we spesk of course, 
as lawyers, of the intention to be collected fiom the Act 
itself), to make valid those marriages already contract- 
ed, wbich, under the then existing state of the law, wer« 
voidable, but not void ; and to render in future, abso- 
lutely void, marriages within the degrees, which the 
law then considered as too near, in point either of con- 
sanguinity or affinity. The Act does not, in terms, re- 
fer to any specific kind of prohibited marriage, but ap- 
plies to all marriages then prohibited. 



PARTNERSHIP AS TO THIRD PERSONS. 

It is a well-known rule of English law, that several 
persons may so conduct themselves with reference to a 
particular business or adventure, as to become mutually 
liable to the public for the acts of each other, as part- 
ners, althougn, as among themselves, none of the md- 
dents of a partnership may exist. Contracts of partner- 
ship may be varied in an infinite variety of ways, so 
far as the mutual rights of the partners are concerned; 
but when once the fiict of partnership as to third per- 
sons is established, the rights and liabilities of the 
parties, with respect to su^ third neisons, follow as a 
matter of course, and are governed oy uniform and in- 
variable rules. If the contract or dealiiig between the 
parties is such as to constitute a partnership between 
themselves, k fortiori it is sufficient to make them 
liable as putners to the world. Where the contract of 
partnership does not exist between the parties them- 
selves, one of them may become liable to the world as 
partner, either by holding himself forth as such, and 
thereby inducing persons to rive credit to the firm, on 
the assumption that each of its ostensible members is 
answerable; or by participating in the profits of the 
business, and thereoy enpoying the same advantaaefl 
which he would eiyoy if he were actually, and by 
agreement with the ostennble members of the firm, a 
partner. The grounds upon whidi the liability of an 
ostensible partner rests are obvious enoueh ; and thifi 
class of cases affords scarcely any matter for remark — 
the question in each case being simply, whether the 
conduct of the person sought to be cnsoged as partner 
has been such as to amount to a holdipg of himself out 



92 



THE JURIST. 



as a partner. (See Spmeer y. JBHUng^ 3 Camp. 310 ; 
JSa! parte Mathews, 3 Yes. & B. 125; Ooode t. Hhrri- 
mmy 5 B. 1^ Aid. 147; Purker y.BarkWy 3 J. B. Hoore, 
286} Fq» ^. CUfian, 4 M. Ik P. 676)* If the party 
hai sot ]Mld himself out ^eaerally as partner, yet he 
wUl ha liable to ao^ particular pexspn^npon a single 
representation to Atm, that he stands in tluit character. 
{De Bertram y. Smithy I Esp. 29). Whether a defendant 
can be chai^d as ostensible partner by a plaintiff, who 
is proved to haya been ignonnt of such apparent navi- 
nimxp^do«iiioti^>pear to be qoite settled. liOxdllamh 
fleU, m the case ol Yomg v. Axtdl^ (2 Hen. Blaok. 
242)9seemsto haye thought, that the plaintififs ignorance 
of tne defendant's ostensible character would be imma- 
terial; but as the defendant in tliat ease appeared to 
haye an actual interest as partner, the question did not 
faiii^ aiis*. As the liability of a aomiaal paitnar is 
wfaiBUy ^Mioded on the eiraumstanoe thai ozedit is given 
on atecount of Ms supposed liability, it should seem, on 
principle, that where it is shewn that the creditor could 
neyer naye relied on such liability, it would not arise. 
And this yiew of the rule is sanetioiied by what fell 
from Fotke, J., in the caseqf JO Mwmn y. Fd^, (10 
B. & Or. 146 ; 5 Man. h By. 136)» where an attempt 
w|w made to ix the dafiondant with liability ae partner 
m 9t miniiig cpmp(iny< The learned Judge said, << If it 
could liave been proyed, that the defendant had held 
himself out to be a partner, not ' to the worid,' for that 
is a loose eoipresslon, bvX to Ike pktwut^ Mmeelfy or 
vndev smii cummataoon of pnbhoity as to satMiy a 
IBty^ that tfa« phiiati4^ knew of 4n4 b&eyed him to be 
a partner, ho would be liable to the plaintiff in all 
transactiona in which he had engaged, and gave credit 
to the defendant, upon the fhith of nis being such part* 
ner — the defendant Would be bound by an inmrect 
v^rBsaBtaHon to the plaintiff aiisiRff feon hia condutt, 
as amah as if he had stated to him directly, and in ex- 
press terms, that ha was apartner, and the plaintiff had 
acted upon that statement.'' And of course, if the 
plaintiff^had notice by himself, or by his partners, be- 
fore he p^ye credit to the firm, that the defendant had 
no ra^ urtamt hi tt» that would be sufficient to nreyent 
his succeeding in an action in which the defendant 
should be joined. {Alderson y. Pope^ 1 Camp. 404). 

With regard to the second class, that of dormant 
partners, more difiicultjr exists; fer the grounds upon 
which persons who participate in the profits of a busi- 
ness, are rendered liable to the engagements in that 
business of the ostensible paitnors, are by no means 
settled in a satisfectory manner. **The principle," 
says a teamed writer^, <<npon which this liability is 
founded, is, that, by sharing the profits, he takes p^ 
of the fund to wkich the creditor has a right to resort 
for payment; in flhort, that, as ha is to enjoy the pro- 
fits of tho concern if it prmpefs, he ought to bear its 
burdens if it does not; according to the well-known 
maxim, ' ^ui sentft coramodum, sentire debet et onus." 
It is true, the creditor has not trusted the firm on his 
responsibility; but, inasmuch as the person whom ho 
has trusted, (i. e. the ostensible trader), is the less able 
to satisfy the creditor's demand on account of his con- 
nexion with the person in question, h is faiv that that 
connexion should entail on the latter the responsibility 
of partner. The consequence of a contrary doctrine 
would be, that a man might enjoy nine-tenths of the 
profits of the business for twentjr years, and, in the 
twenty-first ^ear. wlien the ostensible trader, impoye« 
rished by this exhausting^ absorption of his income, was 
no longer able to meet hisen^geroents, the secret part- 
ner would come forth fh)m his obscurity, merely to ex- 
hibit to the deluded creditors the channel through 
which the profits of the business, whose known prospe- 
rity had indnoed their confidence, had irneoyerably 
paased away." A diflferent reason waa assigned by Lord I 
* 7 barman's Convcyandng, p. 6. I 

4 



Mansfield, in t&e case of ffoare r, DaweSf (1 Dougl. 
372) ; ^ The law,'' said that eminent^ bvt not always ao- 
eurate, judge, *^ with lespaet to dc»iiiant paatnaa^ la not 
diaputed; namely, that thay ore liablo, whan discoyei^ 
ad; because thay wouh} otherwise laoaiv^ uaurious in- 
terest without any risk." But it is eyident, that the 
rule is not necessarily connected with any statutory re- 
strictions upon the rate of interest for money, but is a 
princinlo of common hiw, which equally aaoeista now 
that taa usury laws aaa au^aiided^ so far aa they fetter 
eommercial oontiacts^ aa it did whan thay lyere in f nil 
fi)Fce« The reason first stated aboye firom Mr. Jarman, 
IB undoubtedly the true one; and has baen frequentlv 
referred to from the bench, and in test books; yet it is 
fitf firom befaifl^ satisfeatorr, or frse ft^om difteuhy in its 
ropUcation. It ia daar, mat, if a bnalnaaa vara aaq>eei- 
ed to yield 90/. per aant. of annual piQ4t on tha capital 
employadf and on that expectation a capitalist weie 
to adyanca a laxge sum to the person carrying on the 
business, with a stipulation that he should receiye 25/. 
per cent, annually upon his money, if the business 
should yield ao miieh, ^is would not owaae a partner 
ahip; BfiawoiUditnowbelmpead^laii|Nmthagreiiiid 
of usury; and yat, all thamiachiefthataoiild be appre- 
hended from a dormant partnership would be just 4s 
likely to arise in thb case as in that put by Mr. Jarman 
in the passage cited aboye. Another objection is, that 
the mte goes ftr beyond the eyil whioh it is intended to 
remedy ; Ibr if the dotmaat paatner ia to be made liaiUe 
amiply on iba ffWfBd of tha withdrawal of tha fund to 
whush future ereditora would otherwiae reaort, his lia- 
bility should not exceed the amount actually received 
b^ him, instead of being,^ as it is, unlimited. Bat the 
weakness of the doctrine is principally pcrceiyed, when It 
oomca to be applied to oontraota for the remuneration of 
olaika» agenta, frc.,by a aalary paoportlonad to the pfo- 
fita of the buainasa. Upon the efiect of aa«h contracts, 
the authorities are by no means harmonious or satisik- 
tory. Indeed, so finely haye distinctions been drawn, 
that it has been laid down by Lord Eldon, (Ex parte 
Hamper^ 17 Ves. 404), that, *<if a man alipulates, as 
the reward of hia labour, that hs ahail have, oat a 
q>ecifio interest in tha baurinass, but a given sam of 
money, ayen in ^oportian to a given quantum of 
the profits, that will not make him a partner; but, if 
he apees for part of the profits, as smchy giving Up 
a rignt to an account, though having no property in 
that Digital, he is, aa to tmrd peraoaa, a partnsz;" 
Hov can a parM>n be entitled to a aum proportioBed 
to the pnofitfL and pot have a right to an account? 
However, notmng mora sensible than this can be de- 
duced from the cases. Thus, in Dry v. BosweU, (1 
Camp. 929), the owner of a lighter having amed to 
give the penon who woiked it one half of the pmu 
eammffetor hialabonr, k waahald, that iheie wasno 
partnership bat ween the two: yet, if takinc a abaie ia 
the net profits is an iniury to prospective cremtors, sure- 
ly takinf a share in the gross receipts is more so. So, 
tne usual mode of paving seamen in the whale fisheries 
by a share in the produce, does not make them partntfB* 
(>rtttiRMMiy.JlraiMr, 4S^.182; Maie^Y.mmme,^ 
Mau..«r 8d, 249)* But wheie A. and B,, diip agents 
at different ports, a|?%ed to share the profits of their 
commiasiona, and the discount on bills for repairs 01 
ships consigned to them, and sums received for ware- 
house rent, after deducting one-fifth for wardiouse rent, 
but ^lait each party ah<m& bear hia own Jaese^ it w>s 
held, that thia, though not a partnasssliip between the 
parties, renderad them liable to the world aa partnexB* 
IfVauahy.Ckirper, % H.Bl.23^; See Gtddesy.W(A' 
iK», 2 Bligh, 270 ; Qrem v. ^wfey, 2 Scott, \U ; Bond 
v. PiUardy 8 Mee. & W. 367; Bumdl v. BraH, 5 
Jur. 650)* 

Mr. Justice Story, in his recent and aaintifia work 
on Partnership, tuia iekm greokt pains to illustrate 



THE JURIBT. 



M 



mA Mead ih9 dbtfneClMi laid down b^ Lord EldoB, 
but at a Itngfli iHbicli praeladefl qnotation. We shall 
coDtcBt onraeLTo^ thmfoTe, irith referring our readers 
to that work, as well as to Mr. Collyer's valuable 
ahapter on tbe aaoe subject; and conclude by expresa- 
mf, with much diffidienaey our own opinion, that tbU 
foiot m iba law of dormant partnershipa has still to be 
MllM bjT a4j«4ii«tisB« 

Ivopttfal ^piitlfaimnt* 

HOUSB OF LORDS* 
JM^ad^ Jtedk 14. 
flslarrf fll— stflfir hid on tba tabto a BiU for tba Im- 
to# <ha Pwiearfiags in geafciaytcy, HisLorddnp 
f • tb^ it wm^ in its pmfisfaMS» like tlMt wbiflh 
bai been i^odnoed bf te kli Lwd Choae^lor. 

HOUSE OF COMMONS. 
IfMaardey, JfarcA 16. 
Mjv JL tbaaiii f —rwi <be second leadiag of tfae O^^yright 
of 0a%iiB Bin in a speech of considerable length. 
Dr,iliwi| l||>apprmiiy t}ie piindple of the Bill, objected to 



iii gjpns»$ the right of sdjadicatioa, in 
tUMitmaait of tlM copyright, to justices of the peace, per. 
tarn Inata oMiuon» not st f$ qnafified ; and, on that ground, 
Wfiaad tibe »iU would oolj lead to litigation and embarrass- 

Jfr. JC pkSlBff Ooagbt. there would be great diftcolty in 
iiUmum^ wba| really were inventions in design ; in many 
casest des%na were brou^ from Trance, end then published 
bere as origbul. 

Mr. HemtMeoie objected also to the machuierf of tiie Bill. 

By awbny a oertifica^ giyen to the owner of a design prim& 

bde evidence of its origin^ty, and by other of its detaus, it 

wnU render ervery BW iuu fa cture r and shopkeeper in England 

fiaibieto ynaltiea ^ iuTasion of copyright. 

Tbe Ifill was read a second time, and ordered to be commit- 
ted fiir As »& April. 

Lspi JMos moTed the sseend rsading of the Copyri^t 

Bdl, wUeb waa read a second time, apd ordered to be commit- 

tsi m WiJMitSf, the adfd. 

Tlie debate on the Law of Marriages was resumed; and after 

lewbat lengthened disoossioa, in which Mr. C. Butter, the 

mOm" < ike E^eluqmer, and Sir IT. FUUU took satire 

, Ilia Bui wss thrown out. 

nil* ■niii*^ . 



CHARLES 



TUESDAY, Mabch 16. 
BANKRUPTS. 
PAGE, High-street, and Nottiagha 

I tysa amiai aad wheelwright, March 18 at 
•Ml Aprft 9$ at 12, Coart of Baakroptoy : Off. Ass. 
FiiHlt ioL KeU, 43, Bediird«TOW.--fiat dated Mardi 10. 
THOMAS MORRIS, Nawbridge, Siamorgandiica, gfooer 
and inasi, Marab M and April CO atl, Commereial.rooaM, 
It Ms. SbofS, Brislei i White fc Eyre, 11, Bedferd- 
L Maieh 8. 

JOHN JONES, Urerpod, eerdwainer and ^ctaaOer, March 

MsidApraM at 1, dafendaa-rooma, Lirerpool: Sris. 

C«aftwatoB, Lharpool; Comtbwaile, Dean's-coait, Doct- 

•ta* II— BMWis riat dated March 0. 

JOHN DAiriNSON BEDFORD, Bnrton.upoa-Trent, Staf- 

AvdshiM, aammon biewsr, March 80 aad April 26 at U2, 

Oeame Halel, Bortoa-^^n-Trent : Sols. Richardson, Bor- 

tiaMpoD-Treat I Hieks gi Bratkenridge, Barliett'a.bdgs., 

HoOwsiu—fl^ dated Bleach 7. 

JOHN PARBERY, Northampton, saddler and harness- 

1 21 and April 26 at 2, Stag's Head Inn, 



bnpien : Sale. Hall, Nordiampton i Waller, 8, King's- 

fotti, Badfiird.roa.— Hat dated March 10. 

PBTBR BOULD, Orenden, HaKfaa, Yorkshiiw, oolloa spin- 

Marefa 29 at 1, and April 26 at 12, 

Ina, Hafifiuc: Sols. Stacks 9t Maemiay, or 

L. ft 8, V. Aleaaader, Halifea; Bmmat fc Allea, 14, 

Bhwiaebiiy^ysiai Wntdatsd Mfiab^ 



8TBFRBN HAKE, Ramsgata, Ksnt, bnOder, Mareb 24 at 
7, and April 26 al 9, Attriaa Hotel, RamsgaAai SoL Smith, 
9, Barnard's Inn.— Fiat dated Feb. 26. 
JOHN ALEXANDER, Feadleton, Laaesduire, common 
brewer, Mareh 29 sad April 26 at 11, Conunissbaess^. 
rooms, Manchester \ Sals. Slater fc Heelia, Manchester ; 
Milae gi Co., Hsreaurt-boildiags, Temple.^ Fiat dated 
Febrmryll. 
WILLIAM LLOYD, literpoel, wine aad spM mental, 
March 29 a^ April 26, Cjareodon-roeais, Liverpool : Sols. 
Whitley, Lirevpool ; Lowe & Co,, Soutbamptoprballdhigs, 
Cbsaeery.laae.-^Fiat dated March 10. 
JOSEPH PAGE, Jan., GkMMSster, carrier by land, ballier, 
mid poraar-merebaat, March 28 and April 26 at 12, SmaU- 
rii^e's, Gloaeestert Sols. SmaUridge's, Glonoester; Joaes 
U Btexlaad, 7, Crosby symre.— Fiat dated March 11. 
JOHN FRAKKLAND and THOMAS FRANKLANp, 
Lirerpad, merohaats, March 29 and April 26 st 3, Com- 
missisnem'-rooma» Manobeeteri Sola. Atkinson & Saun- 
ders, Msachestars Mskipson ft Ssaders, d, EUn-eoorf, 
Middle Temple.— Fiat dated Jan. 27. 
THOMAS FINCH COZENS, Canterbury, buUder, March 
24 al 18» aad April 26 at 1, GaUdhall, Cauterbury i Spls. 
R. & G. Furley, Canterbury; Butterfield & Franes, (^, 
Gray's Inn.sqasca,--Fiat datsd Marab 10. 

MaariMoa. 
IPin. Pascr, Tasmington Priori, Warwickshiia, builder, 
April 12 al 1, Lsasdowaa Hotel, Lmmiagton Priors, pr, d.— 
iMa GOdfr Shmm€9, Kingstoa-apon-HuU, linaa-drsper, 
April 6 al U, George Inn, ^gston-npoa-Huli, ch. ass.— J. 
SttHden, Manor-plaos, King'soinad, Chelsea, baker, Marob 
22 at faalf.past 1 1, Coart of Bankruptcy, last ex. — Augtuhu 
Linet, Irongate- wharf, P$ddingtan, hay-sdesman, March 18 
at half-past 11, Court of Bankroplcy, Ust ex.— ^d. Bright t - 
Picket-st., Strand, draper, March 26 at half.pwt 1, Court bf 
Bankruptcy, last ex.-— /o^i ffatt and Samutl Vhte^t, Saint 
Mary Axe, wholesale tea and coffee deders, April 7 at 11, 
Court of Baakroptoy, last ex.— ^An Skamd, LIrerpoel, idetn- 
aller, April 16 at 1, Clareadon-rooms, Liverpool, knt ev. and 
and. ac.— Hdvard JMae aud Jekm Ralne, Barnard •Casfle, 
Durham, carpet manufkcturers, April 14 at 11, Khig's Head 
Inn, Barnard Castle, last ex. and aud. ae. ; at 12, div.— JoAa 
RnHom and Jokm /aeAsaa, St. Paal's Cfawroh-yurd, oomaris- 
sion-aaeBts, April 7 at half -past 11, Court of Baakinptcy, aud. 
ae.— X. H, C. Hmi aad Bd. 0. Smiih, Old Broad-st., Loa- 
don, and Hamburg, Germany, merchants, April 7 at 12, Court 
of Bankruptcy, aad. ao. joint and sep. est.— ^Mnrfur /. 
HoJfktMdt, Billiter-st., Fbnoharch-st., merdumt, April 7, at 
half-past 11, Court of Bankruptcy, aud. ae.— /oAa JIaoJt/r, 
Terrace, Keasingtoa, tea dealer, April 7 at 12, Court of Bank- 
ruptcy, aud ae. and dir.— T^oaiar GVIrt, St. John's-lane, 
Clerkeowell, wire worker, April 7, at 1, Court of Baftraptey, 
aud. ac.— J9e(rr/ /. MoHm, Blandford-st., Manehester-sq., 
grocer, April 6 at 11, Court of Bankroptey, and. ae.— BraJ. 
Pater, Red Uon, Thames-st, New Windsor, BeriLs, riatual- 
kr, April 6 at 11, Court of Bankruptcy, aud. ac— /eAa C. 
Adam9, Basiagfaall-st., woollen wareliousman, April 6 at 12, 
Court of Bankroptoy, aud. ae.— IFm. 7. Lttw, Manchester, 
chemist and druggist, April ft at 11, Commisrioners' -rooms, 
Manchester, and. ae.; at 10, Ay,^J. WkeeUr, Prinoes-st., 
Haao<rer-sq., tailer, April 5 at 1, Court of Bankruptcy, fin. 
dir. — TAot. ib'wra, Bett-yard, Lincoln's>inn, phimber, April 
8 at half-past 10, Court of Bankruptcy, dir.- i¥edrrleAZeeil, 
Three Crown-ooart, Jewry-st., Aldgate, April 7 at 12, Court 
of Bankruptey, diy.- /. CouUeU, Richmond, builder, April 6 
at 12, Court of Bankruptcy, div.— /oAa H. Ctt9nU, MiU-wall, 
Poplar, naptha seller, April 6 at 1, Court of Bankruptey, div. 
— iVkoaiat B, Joh€9, Birmingham, leather seller, April 5, at 1 , 
Waterloo-rooms, Birmingham, aud. ac« and fin. dir.— /owyA 
Butler, Walsall, StaHbrd, saddlers' ironmonger, April IS at 
11, Swan Inn, Wolrerhampton, Staflbrd, aud. ac. ; at 12, dir. 
— TTkomee Wigferhem and Rieherd Smmden, Birmbigham, 
Warwick, ale aad porter mercbanta, April 18 at 12, Waterloo- 
rooms, Birmingham aud. ac. ; at half-past 12, fia. dir., joiat 
est. ; at 1, and. ao. ; at half-past 1, fin. dir., sep. est. of T^lot. 
Wifffferhmm^^Bahert Feert, Kewark-i^n-Treot, Notting- 
ham, rope maker, April 7 at 11, Castls and FSloon Inn, New- 
srk-mon-Trent, Nottiagbam, aud. ae. ; at 2, dir. — Be^jemm 
Jmeptee, Slandaid-biU, Notthigham, Jokm CWloa, Nettiag- 
ham.park, Notdngham, end 7%oma9 B. OHver, ^wnndon, 
Leioescer, haiiefa, Aprft • at 12, Geoi«a te Foastbjan, Not- 



94 



THE JURIST. 



, and. ac.; at 1, dir., aep. ast. of BemJ. Jaefw. — 
KSmmrd Kniffkt, Soatfaampton, cabinet maker, April 7 at 12, 
Star Hotel, Southampton, and. ac. ; at 1, fin. diT.— l^onc/t 
Peri9, jnn., Stonrbndge, Worcester, hatter, April 16 at 11, 
Vine Inn, Stourbridge, and. ac. ; at 12, dly. — Henry Ctulier, 
Bath, Somerset, nurseryman, April 28 at 11, Castle and Ball 
Hofed, Bath, pr. d. and aud. ac ; at 1, div. — NaikmM FnUejf 
and /. B. Merchant , West-st., Bristol, linen-drapers, April 6 
at 1, Commercial.rooms, Bristol, div. 

CnnriFicAns to bx allowsd 

Unieee Gsmm tkewn to tke contrary, on or before Afrit 5. 

/. Maeairet LiTerpool, merchant. — J, WorreU, Susaez^st., 
Tottenham.oonrt.road, Tictualler.— JUeAonl Witson, Blyth 
Tile Sheds, Northumberland, manufiictorer of bricka.— FTm. 
Wilcocke, Bracknell, Berks, saddler and harness maker.^-i7. 
Biflck, Milton next Sittmgboume, Kent, grocer. — Beiuamin 
Palmer, Dukcst., St. James', tailor. — Oeo. Harriot, Orms- 
kirk, Lancaster, beer brewer.— i2. Bowley, Commercial Sale, 
rooms. Mincing - lane, and Doddington . groTC, Newington, 
broker.-~/afnef JAndeay and /. W, JJndeay, North Shields, 
Northumberland, grocers. 

Fiat Anmvllbd. 

John ffetkerington, King's Arms-yard, wholesale tea^mer- 



Scotch Sxquxstiiatiokb. 
ArekUatd Scott, hrmer, Southfield, Haddington.— Join 
HutcHeon, fiesher, Edinburgh.— ^offsfon and Potter, build, 
ers, Glasgow. — Tlkoe. Rameay, merchant, Glasgow. — Charlee 
Hamilton, Fairhohne, Edinburgh— J. Wright, confectioner, 
Glasgow.— lf(S<rpA«rMii and M*Naughton, distillers, Denny, 
Stirling.— IZo^/ Gmone, baker, Edinburgh. 

INSOLVENT DEBTORS. 
SatmUig, March 12, 1842. 
The/ollowing Aeeigneee have been appointed. Fkrther Par- 
tieularemaybe learned at the Q/tce, in Portuyal'et.f Lim- 
eoMe^inm-fielde, an giving the Number qfthe Caee, 
Jamee Alem. Legender, Sunderland near the Sea, Durham, 
master mariner. No. 58,728 C ; Thos. Taylor and Geo. Booth, 
assignees.- Jtf(Si-y Kitchingman^ widow, Broynllis, Brecon, 
innkeeper, No. 58,785 C. ; Wm. Wood, assignee.— ?ri//MiiN 
Biehop, Worcestershire, tailor, No. 58,653 C. ; Wm. P^rry, 
assignee.— irilfjom Grant lAddaman, High.street, Kensing. 
ton, shopman to a pawnbroker, No. 52,569 T. ; John Brooks, 
assignee. — PAi/i/9 Bamee, York -place, PentouTille, sur- 
veyor. No. 52,250 T. ; Samuel Charles Manh, assignee.— 
Joe. Lane, TrafUgar-aq., Stepney, derk to an engineer. No. 
52,551 T.; Rob. Langton, assignee.— /oAm Lanman, Duke- 
st., St. James's, tailor. No. 52,456 T. ; Jos. Smith, assignee.— 
John Charge, Oainford, Durham, butcher. No. 55,846 C. ; R. 
Clark and Jcim Wetherell, assignees.— JbJIw Larkin, York, 
shoemaker. No. 58,391 C.s Geo. Ramsden, assignee.— JoAii 
Geo. Victor, Holmes-st, Commerdal-road, tide surreyor in 
the Customs, No. 35,462 T.; Sam. Stuigis, gentleman, new 
assignee, in the|room of Jos. Middleton, deceased.- fTm. /. 
Hagnee, Twickenham, omnibus proprietor. No. 52,651 T.; J. 
Eyke, assignee.— iVetf. Sturmer, Howland-st., Fiteroy.sq., 
derk, No. 52,481 T.; Jas. Ratdlff, assignee.— Jof. Drewett, 
Hilljpark, Westerham, Kent, gardener, No. 58,370 C; Edw. 
G. Flight, assignee.— fTm. Hagward, Upper Stone-st, Maid- 
stone, Kent, town carter. No. 58,806 C; Wm. Bartholomew, 
assignee.— /oMpA Barrow, St. Helen's, Lancashire, prorision 
shopkeeper. No. 58,742 0.; Sam. Tomlinson, assignee.— ^tm 
Storeg, widow, Bishop Wearmouth, Duriiam, in no business, 
No. 58,629 C.t Rich. Spoor, assignee.— 2>an. Ltneleg, South 
ShieMs, Dnriiam, baker. No. 58,527 C: Tboa. Olahofan, as- 
signee.— JEBifw. X. Blew, Badsey, near Wesham, Worcester- 
shire, labourer. No. 57,681 C; Wm. Fitto, assignee.— fTm. 
Carruthere, Carlisle, soUdtor, No. 58,301 C; John Birket, 
assignee.— FTm. Hartley, Bowling, near Bradford, Yorkshire, 
beer retailer. No. 58,566 C. ; B. Nell, assignee.— /m. Bowker, 
sen., Broadway, Ludgate-hill, bootmaker. No. 51 ,824 T.; R. 
E. Warwick and Wm. Hen. Main, assignees.- T^lot. Foeter, 
Chiswdl-st., Middlesex, carpenter. No. 52,494 T.; Thos. Ro- 
binson, assignee.— ^etf. Boberton, Wenlock.terr., City-road, 
woollen draper. No. 52,158 T.; Wm. Smith, assignee.- Geo. 
Milee, Broadway, Westminster, assistant to a cheesemonger. 
No. 52,665 T.; John Webber, assignee.— ilj^eif Addie, Sy- 
denham, Kent, of no business. No. 52,564 T.; John Robins, 
assignee. — Tkoe, Bomneg, Basing-plaoe, Waterloo*bridge«rd., 
Surrey, prialer, No.52,172T.t Chat. Vvm, asfignee. 



The following Prieoner e are ordered to ha b r amgki before t 
Qmrt, in Portngal'Ot., on 7\te$dagp April 5 of 9. 

Bob, King, sen., Cane>pl., Kentish- town, builder. — T%a 
HaxeUon, Norland.terr., Notting-hill, carpenter .—^oAw jBti 
gadike, Blackman-st., Southwark, out of business. — Dam 
Saundere, Park-side, Knightsbridge, dock maker. — Wm, J 
Wright, GreuTille-st., Brunswick-sq., gentleman. — Thot. I 
Hawher, Cumbeiland.terr-, Camden mw-town, tailor. — J 
Humphrey, Merthyr Tjrdfil, Glamotganahiie, iitmmonger.H 
Wm. Eman. Harper, 'SeW't^ntt^ Dorset-aq., Mary-le-bom 
butdier.— /at. Callow, Old Qnebec-st., Ptntman-sq., school 
master.— jawiqiA. Wm. Baeenecrqft, John-st., West, Blad 
friars-road, Surrey, preparer of hair. 

Court'kouee, DoncHxsTxn, DoreeteMra^ April 5 ai 10. 

Wm. Sherring, Beaminster, bookseller.— fFWer CSEsnN 
Lyme Regis, butcher. — Wm. Tucker, Lyme Rcigia, lnitdier.-« 
Jae, FMett, sen., Bridport, beer-house keeper. — Bob. Tregti 
Charmoutfa, cordwainer. — Bieh. Andrewe, Leigh, butdier.-^ 
Wm. Seward, Winbomo Minster, tailor. 

Conrl-Aoiife, Dbrbt, Derbgehire, April 7 ai 10. 

G«o. Hodgiineon, Derby, whedwright. — John Waierhoim 
New.mills, joiner. — Blix» Hunt, widow, Workaworth, in m 
business.— /oAn Cutram, Eckii^;ton, near Chesterfidd, shoi 
maker. 

Court'houte, Salisbubt, Wiltehiref April 7 at 10. 

Wm. Drew, jun., Salisbury, printer.— iZicA. Harrie, Esit* 
cott, Swindon, tailor. — W. Bidgood, Alton Priora, ahopkeeper, 
'^Bdw. C. Budd, Elcombe, in no businesa. — Bobert WUwi^ 
Liddington, out of business. — Wm. Hull, Salisbury, wheels 
Wright. — Wm. May, Corsham-side, Corsham, Ikrmer.— fF«« 
Weet, Fbherton Anger, yictualler.- iltcA. G. Sceate, Sherstoq 
Magna, diemist. — Hen. Weight, Mdmsbnry, watdi maker.-^ 
Edw. JTiomton, Amesbury, plumber. — Wm. Dodd, Stnttoa 
St. Maigaret s, cooper. 

Mbbtino. 

iKo5. Fkmiu, Stannington, Ecdesfidd, Yorkshire, farmer 
March 29 at 11, Femdl's, Sheffield, sp. aff. 

FRIDAY, Mabch 18. 
DECLARATIONS OF INSOLVENCY. 

HENRY WARNE, Diss, Norfolk, flax, hemp, and tow spin. 
ner and manufacturer. 

GEORGE WOOD, Fdrtland-straet, Pdand-itreet, Middk- 
aex, Tictualler. 

BANKRUPTS. 

WILLIAM MACLEOD, Coleman-street-buildings, mer- 
diant, March 24 at 12, and April 29 at 11, Court of Bank, 
ruptcy : Off. Ass. Graham; Sols. WiUb & Co., 21, Col- 
lege-hill, Queen-street.- Flat dated Mardi 14. 

WILLIAM BATEMAN BYNG, Old Windsor, Beikihiits, 
and Saffron Walden, Easez, engineer and gas manufactaicr, 
Bfarch 30 at 2, and April 29 at 11, Court of Bankruptcy : 
Off. Ass. Johnson: Sol. Nidd, Bond-court-honse, Wtl- 
brook.— Fiat dated March 14. 

DAVID BIDMEAD, Bread-street, Cheapride, warehooie. 
man and shipping agent, April 2 at half.paat 1, and April 
29 at 11, Court of Bankruptcy: Off. Ass. Edwardii Sol. 
Jones, 15, Sise-lane. — Fiat dated Maidi 17. 

ROBERT MILLS, Heywood, Lancashin, iron-fimiMifff 
joiner, and builder, April 5 and 29 at 11, CommisiioDen'- 
rooms, Bolton-le-Moors : Sols. Blair, Manchester ; John- 
son & Co., Temple.— Fiat dated March 7. 

WILMOT ROBERT BAYNTUN, Batii, Somenetsbin. 
surgeon and apothecary, March 29 and April 29 at Ih 
Drake's, Bath: Sols. Drake, Bath; Rickards & Walker, 
29, Lmoohi's-Inn-fidds.— Fiat dated Biansh 10. 

JOHN MATTHEWS, Ledbury, Herefoidshiie, bflil<ier, 
March 28 and April 29 at 12, Feathers Inn, Ledbary: 
Sob. Ellis bt Co., Gloucester ; Haywood & Webb, Bir- 
mingham ; W. R. King & Son, 11, Segeant's Inn, Hed- 
street.— Fiat dated Feb. 26. 

WILLIAM BARNES, Shindiffe, Durham, fire brick msnii- 
fitcturer, wood sawver, and dealer in cod dust, April 5 tnd 
29 at 12, Newcastle Arms, Durham : Sols. Maynsrd, or 
Maynard & Middleton, Durham.— Flat dated March 8. 

JOHN POWELL, Newcastle-under.Lyme, Staffoidiibre, 
grocer and flour deder, Maidi 28 and April 29 at 12, Vbeit 
Sheaf Inn, Stoke-upon-Trent : Sob. Harding, Bvcmmi 
Smith, 48, Chanoery*laiie,->Fiat dated March 8. 



THE JURIST. 



«6 



FREDERICK AUGUSTUS WliBEL]SR, Birmingham, 
^entmm-mp muahOtartr, Maroh 29 at 12, and April 29 
at ^. WfHerioo-zQiOma, Birminyhaoi : SpU. HanriMm, Bir- 
iiiiiujfc— ; CteBn, 9, Gnj'i Ina-square. — fmt dated 
IMi II. ^ ' 

JOHN WATSON, Mmidhaatw^ modfai ummOMhnr, March 
S8 ml AJmA 29 «t 10, C<imm]aBioiicM''rooiiia, Maneh^ft^r : 
Sds. K«f A Ca.. Ma«dieator«--Fiat dated Maroh 15. 

tftOHAfi W»f L6Y WklGHT and GSORGC WIL. 
WM AT9I, 99«ttfi«bMB, dyen, March 24 and April 
29 It 12, George the Fourth Inn, Nottingham : Sola. W. & 
thmn, ju., NMtingham; YaHep, 6, Parninil'a Inn. 
-Itatlatadlfan&U. 

TBOUiA CLSNT, St. IMaa, Woraeater, ^ctoaUer, March 
U mi ipcii;^ H IZ» Cmmv«U*i, W<)r«Miter : Scrf^. CrcoB- 
wdl, ToKxptqr; X>jy4en» ^ I^ncq^'a-IiHi^elds.— FUt 



JOOTJ 



! JJtPERSON and WIUJAM GAWOW, Jivtr- 
|obli wrcfaants, March ^6 and April ^9 at 1, Clarendoo- 
lOGBs, I^ierpDol : $q|9. Duncan h BadcUffe, Liverpool ; 
Ad&gtflB k Co, ^, ^eai^rd-row.^Fiat dated l##rch 15. 

Mbstinos. 
iter& A\W%r. MftBteiie.plaoa,Biiiiea-H*> i««^e- 
M^ IM 89 9^ 1. Pan* pf Bwkniptcy, pr. d.^JameM H. 
Htrm, J. g. Herpnf J. K, Her^fn, and A. Heron, Manches- ; 
ter, ml W^ap, oottap apiimpcs, Aj^ 1 at 3, CommissioiMEs'- 
nan, liMiheater, pr. d., joint, e^. ; April 26 at 12, dir. ; 
«I,aHl M. tep. eat. of /. K. Henm: April 27 at 12, div. ; 
itl,a«L ac. lep. est. of/. 8. Heron; Api^ 28 at 12, div. ; 
atI,«Qd. ac. aej). eat. of/. H. Oeron.—Wm, T. ff, Pkfl^, 
Viewport, Itoaia^th, ^p^-merahant, April 13 «t 12, Three 
SaionqilnD, Tlak, s^ a58.-^/(iA» Cmtui, Blaa]c&iaTB.road, 
(M(^i|Vch,Svir^, jeiMta, Mfurch 29 at 1, Court of Bank.' 
rojitcy, Ifit fi.^noflM9 liatfit and 12. Nifihok^ny Barton- 
upoD-Hofflber, Lmcolnshirc, Iwpikers, March 2^ at half^^>a4t 
10, Covrt of Banl^nuptcj. aud. ap.— PaW Aaamami and / G. 
CXritf. Mack-Jane, £>r^igp And aaneial merchaAt«» April 11 at 
It Cowl of Pankniptcy, auoTac. ; #t half-pa^t 12, div.— 
£. Jan and JZ. WaymaOj Barhican, wire workers, April 11 
at 1, Cwt of Baakraptoy, and. ac.— IE. Smdeil, Newton Ah- 
^ Dei«i,diMMr, AprU 11 at 11, Court of Bankruptcy, aud. 
■c; tfldf.paat 11, div.--JB. P. Parkmr, Alfred-st., Stepney, 
netodfcr, April 9 at Id, Court of Bankruptcy, aud. ae. and 
<^.~iMol W, Omeier and Jamet Jackeont Brewer-street, 
^aUcM^iaaxe, woolfen dmpen, April 9 at 12, Court of Bank- , 
nptcT, aod. ac. and div.— 9%aiHat Benrote, Spalding, Lin- » 
coloibire, grocar, April 14 at 10, White Hart Inn, Spalding, 
>nL K.^t%»i, Samdem, Northampton, Unen draper, April 
11 at 1, Cross K«^ inn, Ifferthampton, and. enc,— Edward 
H^«toi|f, jNewmarkct, CambridgaahiM, /amet M, Ford, 
Bt^BBdct, Camnrmidiirvalirva. X.. Hiiitm, Holywell, Flmt. 
^, Moad AMft^n, PiMiUw, apd Boier^ Gtftioa, Bolton. 
Ma^ Uocsahire, cottop spiiiii«ni, April 21 at 2, Commis- 
Aoooi'.rDfNQ^, Ma^cheater, aud. ac. ; April 22 fd 1, div. sap. 
^^^ohidbMQfH Apial2^at3,aud.ac.s April 22 at 2, 
Qv.iep. est. of/. Jff, ^ord.-^AmUiUead Sed^iwicJt, Macoles- , 
^ ^haitenhiret ItOAmoi^ger, April 16«t 1, Macclesfield 
Arm Hotel, Macclesfield, au^. AC ; «t 2, fin. ibr.—TMomas 
^'fj, Kotftigfaam, victuaHer, April 11 at 12, George the 
£f*tbhiB, Koltlnghaffl, and. ac. ; at l,diT. — George Shaw, 
^«kefida, loksUve, giooec, AprU 15 at 12, Commissioners'- 
>J(tti Ua^ and. ac ; at 1, first and fin. dir.— 12. Ihrewry, 
^.CaadttdMid^teiker, April 13 at 12, Crown Hotel. 
£«^aid. «a.; at S, ^.-^Simnuxrd Jlgar, RewUnf, 
r'Nfe, (mpmffi braifer, Apsd H at ll,Gaoiga Jnn, Read- 
^xu. a:. ; M 12^ 4w.-^i|i. /. WiwdeH, iHckering, York. 
w> niKiaecchant, Ajprfl 11 mt 8, Angel Inn, Ymibf, .diir. 

^Oeuttf^ikfmnfyihe ,9Wtreuv, ^ or btfore April S. 
^^^^i^ioner, Gtilprd^rtet, )eteeiD»jii,-SdmmdAdmHM, 
«««^8t, fiiew B^rti,, lively sUhlc-keepec.— r. Dont, 
^ev-towD, Exeter, builder.— /f«nr^ Clarkf Fleet-al., brush- 
^^f^'-^CMfff S. 9Pfm, QjvnhiU, Hammeramith, 
«aiec iQKiBar.*^jMn 2). FTe/Jry^George-stt, Mansion-house, 

Rat AifVVU(«BD. 
f>*> AKiai, ipn.^ Gkm<dywdcdog, Llanidloes, Montgopie- 
WEfllttuidAami&ctaEer. ^ 



guodaU, Greenock, baker.— J9av. Rueeell, Sauchinford, Stir- 
ling, vidMer.— /. Ormkam, MyodiiU, StMing, oattla dealer. 
^Oifm and Co., Glaagow, aotton «pinaaraX--JPcMar and 
Moid, Gpaenock, mafahanhi.-i-/. MiuXeU, aen., BlaiigoiNm, 
buUder. ^ 

Tke/oiiowmg iViaoiMPr atv ordertd U ho hroughi t^ d^^ore 
She ikw4. M i>0r^cl^#., mitfiii»«(v, Apnl lA «^ 9. 

/ate JiomUmd, Laa^ifa-lane, flalbom, out «f busineaa.— iZ. 
ATiii^, jun., High-st., Camdea^-tiMni, brioldlayar«*-JUbti Grigfp, 
fied Lion«paaaaga, Aad ii|Bn«a^, oab drivw.— Mot. Heam, 
Chiswick, general dealer.— CAoriatJIboM, Braadaray, Wl«te 
HoBse-Mkuft, ¥^ule Hona-atreat, Middlasei, fwnknn broker. 
-«-sloAii MmtUo, Oioat fioflEoNcat., Aonthwark, poak butohar.^ 
£<ft0. Mathew, Brixton-road, out of bnsiness.i^Afcu. BamoM, 
Mount-st., Walworth, oat of bnskiaaa.— JTm. Wright, Bow- 
Ing'St., Weatminater, and Maiden-lane, Covent-garden, car- 
penter. — Bob. M. Hague, Biehmond^graea, gingar boar kia- 
nufacturer. 

Omrt-house, 'Hsjmpoi^p^ Hfrffbrdeiifre, Aprils at lO. 

ChoM. King, Chipping Bamet| com merchant. — /or. Kingf 
Chilling Bamet, com dealer. — Lucy Lee, R^dbpumebury- 
iniU, Reabourne, servant. — Geo. /Vy, Hertford, coach fruilder. 
CQwri-iom$0, Wincbxstui, ^tanU, April llM^lfi. 

Chae. P. Cover, Portsea, lime bumer. — Afoi# ffiflflimw. 
Foiakaea, .nine.— 9^ 2V{j^, Ovwrtott, &puaininptmwhire, 
kbwn«r^— /«% fifmglm, Wmikmkf, h99i mfka^^^Wfilit^t 
Umhfr4, KanipQpt, Isle 4if Wighj^ bPfd^aeto.-r-ff^ ^ttei, 
Soiltbwii^ 8«4^1]«i»pt<Ni» Imvt makar^^SniAi. ^. il«|f«Pflr4, 
WinabeqMr, wHtt^rnkm^-r'-Wm. AaU, Fntawfirld, SfliHlhMp- 
ton, wheelwright.— /oAvi iiwMW'iy^w, Em^wox^dh. &>u(ibaaq^ 
ton, fishmonger.— if. ifegvid^fi, aw., Yfnftpqrt Isie of Wight, 
earrier.~:/oA9 /rw» > . , Gosport, Soulbapapton, ^eate in tea.— 
Wpi. BiUett, Overtpn, victualler .—CW- Nieholl^, jun„ Al- 
den^bnt, Sonrhamptnnshirpi, iiricklayer.— ^Gao. B/omney, King- 
ston, Vortsea, plumber. — Wtm. BflUfij ^oldre^ New Foiest, 
Soutiiamptondure, vendor of fire wood. — Alf. XHirttt, South- 
amptop, «ax9»eBfeer«— /<MH^A. Jommtof, ilay«rt, gjeoerol daaler. 
-^Amelia N^muih, widaw, ^y^ StwMban. ffonlihaiaytfm, 
ho^i y kfl f py.- -Ro^* HyikiP* i«A., Go^pKiH, iqnthamptom «a 
no businosa.— ^M. M. A. Wileki^f Gos|«rt, teiiar.— Jip^er/ 
Hapeotfk^ Longhwn« Jliffiprfstoa, SoutlMMmiloQahibre, joaoMf «- 
man carp^tejr.— ^om^ Jurd, ^areham, ^outhwaptonshin^ 
brewer. — Thoa. Moore, Hartley Wintney, SouthamptoMfaiai^ 
hamesa maker.— /of . Q>rp§, Overton, l^liian|itWMddit« boot 
maker. — Bdwu Bariarf C^iriatchure^i Southamp^onsfanre^i^rick- 
lajer. 

Couri-.iou9e, Southamvton, April 9 o/ 10, 

Jof. Weeka, Shirie^, near Southamptoui wi|ie mer^haat. — 
Wm. Henley, Sonthampton, carpenter. 

Coftrf'houee, iSv AvmowD, Sittfordehire, AprU ^1 of 10. 

Thomat Chq^an, Longtoo, 8toke-upon-Trent, br^wei:* — 
TAof^ Henehaw, Penkridge, victualler.—/. Woolrich, Wool- 
verbampton, watch maker. — Bdtp, Williupu, |ior«[ley.he^tl^ 
Tipton, commercial travcJler.-r/a#. Jfio^t«r#,PelsiJl, nearM^al- 
saU, butcher.— /oAn Minshull, Uttozeter, attorney's ckrk* — 
Sarah Banks, widow, Bugelaj, feUmong^r. — Henry Dawson 
Stafford, hair dresser. — M. O'Brien, Biamley, Kingsmnford, 
time keeper.— /oi^n Jones, Woolveshampton, taUojr.r-j^'iai'^ 
White, Hanley, Stoke-upon-Trent, eiu::theaware manufiictur^r. 
— Wm, Bromley, Stoke-upon-Trent, o\it of bttsines8.T-/o^i 
Wa$sell, juo., Coscley, Seagdey, o^t pf hHsiu^ess.- /. Hmt^ 
Handsworth« i^ no business. — fVm, Sutton, Bilston, (latter. — 
Rob, Stevenson, Stoke-upon-Trent, saddler. — JVicA. Maper, 
Walsall, diain maker. — Benjamin Higgison, Woolverhj^npton, 
out of business. — He^, Lynex, W^IaAlIj plater. — S, Scarlett, 
Stafford, carrier. — Edm. Denham, WaisatlL schoolmaster. — R^ 
Brain, Hizon, sawyer.— JRicA. Co4r, Sedgfty, fwmer.— jBicA- 
Clarke, Woolverhampton, car driver. — W, Catterqll', Smetb- 
wick, Harbome, l^ieneed to let postihorsas. — Qe9. T. Taylosf, 
Stoke-upon-Trent, agent to the Stokp, Fenton, and Longton 
Gas Light Company. — Edhff, Jessopj llvbox^af » pp. l^siness. 
— Wm, Carter, ^urslem, harne«B maker. 

Ivag^VBNT DAikToaa' D^vioxN^a. 

Wm. Walduck aod Spns, jpiush-lane, Canxum-st;.* f^inn^ia 
and furriers, March 23, 30, April 6, 13, at XI *nd 1, Wont- 
ner's, Ti>berion^., Lpwer-ro^, l^Unigtao: Id. in thajM!iVBA> 
^Samuel Shenton, Lcioaster, ^Intis mani^Mwcer, MMJOfi ^f 
F^geti wd Kirby'si Leicester: It. 8|<f. m the pound. 



9* 



THE JURIST. 



MBSTINOi. 

Waiter y. Haki, Bfliton, Staftiraihira, coal mid roytUr 
nastttv April 15 at 4, Swan Inn, Mozl«r»nflar Biliton, ifi. aff. 
-^. TTfllferf, ten., Reading, Berioddre, April 6 at 1, Har- 
dy'i, Reading, ap. alT. 



UNIVERSITY OF LONDON. 

THE ANNUAL EXAMINATION for the DEGREE 
dt BACHELOR of lAWS ii appointed to oonwieiioe on 
MONDAY, the 14th Norember. 

4^fffwn,^»ii^ n&nat flsnd in their applieatioui to the RegiitnT 
bf tbe. 15th of Apjul next. > 

Bachblobs .of MsDiciNB of thia UniTeraitj, of eleven 
nontha' atandfaig, iiotlierwiae qnalilled nnder the Chailnr, are 



By order of the Senate, 

R. W. ROISMAN, B««iatrar. 
g owe rarf Htnue, Utk JfereA, 1842. ^ 



LONDON, EDINBURGH, and DUBLIN LIFE 
ASSURANCE COMPANY, 3, Charlotte-row, Man- 
akm-honae, and 55, Chancerj-lane, London. 

Important improrementa have been introdnoed by thia Com- 
panTf idiereby the mode of obtaining Polidea ia afaaplified, all 
Soma aa to their Talidlty are remoTed, and their application ia 



OneJalf of tiie Pjpeminma may remain nnpald for Seven 
Teara: tfav allowing a Policy to he dropped at one half of the 
nanal aaerMee, and enthling the aaavred,' at a ftitare period, 
when loaa of health nay prevent hhn from obtainfaig a New 
Amnmiee, to continne a PoUey fbr doable the amount of the 
mm fMT wfaieh he haa paid premivma. 

Creffit Table to aaanre £100. 



Ac* IS. 
JO 16 1 


Age 20. 
j^ 18 


Age 25. 
\jf 1 7 


Age 30. 
£1 3 7 


•iTirv 


Age 45. 
£1 16 6 


Age 50. 
£2Z9 


Age 54 
£2 12 5 



Whole Worid Potieiea, entitlbg the party to go to or reaide 
la aay part of the worid, are granted on payment of a email 
crtra premimn ilzed and determined on granting the policy. 

ProvkioBa for Old Age may be made economically, by ef- 
ftedng a Ulb aaanranoe, payable to the aaavred himaelf on hia 
attaining aixty yean dP age, or on hia death to hia heira or 

To aaanre if 100 to the aaavred himaelf at 60, or to hia heira. 



« 


Age 20 
£2 8 7 


Age 25. 
£2 17 10 


Age 30. 
;^ 10 


Age 35. 
*ie4 6 4 


Age 40. 
j^ 11 4 


Age 45. 
£7 10 10 


Age 50. 
jfll 11 4 



CHANCERY REPORTS. 
In a few daya will be^pvUiahed, Part 1, VoL 1, royal 8v4 

REPORTS of CASES aigoed and detormined in th 
HIGH COURT of CHANCERY fai IRELANl 
daring the time of Lord CbaoeeUor 8UGDEN i coaumn 
with Michaelmaa Term, 184L By HSNUY CONNOR afli| 
JAMESA.LAWSON,Eaqn. BarriMni at Law. J 

Arrangementa have bean made for the p w hUc a ti on of tU 
aerieaofChanoery Rcporta, with the ntmoit fpiwnptitnde aa|| 
aoeoracy. 

Dablin: Andmw MilUken, 104, Gnl|p»-atrpet« 
to the Hon. Sodety of King'a Inna. London: M< 
vena&Norton; S. Sweet; and all the Ijar Bookaellen. 



Chronic dieeaaea form no barto the granting of polidea npon 
the Uvea of peraons aoilering from them ; an additional pre- 
mivm being charged according to the natare of the riak. 

The agenta of the company, and the manager, forward, tree 
efeapeiwe, forma of propoaal and every reqaiaite information. 
ALEXANDER ROBERTSON, Manager. 

THE LAW LIST FOR 1842. 
Thia dn ia pnblisbed, price 6«. 6tf., boand in red, 

THE LAW LIST; hewg a Uat of the JUDGES 
AND OFFICERS of the tHfl^rent Coorta of Jaatice: 
COUNSEL, vriTH thb nxTsa of thbib caki. Aiin innb 
OF covBT, SPECIAL PLEADERS, CONVEYANCERS* 
and a oompletc and aecarete List of CERTIFICATED 
ATTORNIES, NOTARIES, &c., aa printed by permission 
of the Commissioners of the Stamp Dntiea, 

v. & R. Stevena & G. S. Norton, Ijiw Bookaellera to the 
Commiasioners of Stamps and Taxea, (Soooessors to J. & W. 
T. Clarke), Portogal-street, and Bell-yard, Lincoln'a Inn. 

FOX ON SIMPLE CONTRACTS, AND THE ACTION 

OF ASSUMPSIT. 

Jnat pabliahed, in one vol. 12mo.,', price 7«. 6tf. 

A TREATISE on SIMPLE CONTRACTS, and the 
ACTION OF ASSUMPSIT. By WILLIAM FOX, 
Eaq., of tiie Inner Temple. Special Pleader. 

v. and R. Stevena & G. 8. Norton, Ijiw BookseUera and 
Pvbliahers. (Svcoeaaora to the htte J. & W. T. Clarke, of Por- 
tvgal-ilreet), 26 and 39, Bell-yard, lincoln'i Inn. 



eai^^ 
awaTj 

rDENTSj 



FOR THE USE OF ATTORNIES AND STUDENTS.! 
Tlda day ia pvbliahed, priee 4e. boaida. I 

THE DECLARATION on BILLS of EXCHANGE^ 
PROMISSORY NOTES, te., iUvatntnd and eiplaine^ 
alk) the Jvdidal Forms nf Trinity, 1 Will. 4, and aome othec^i 
with referenoea to the text annexed to eadi allegation. %' 
BBWARD LAWE&, Eaq., of the Middle TempiiB. Spedd 
Pleader. 
Sawndera & Banning, Law Bookaellera, 43, Fleet-street 



NEW AND CHEAPER EDITION. 
IWith Portrait, 2 Vols., foolscw Svo., I2«. 

THE LIFE of SIR SAMUELROMILLY, written 
by Hlmsdf ; with hia LsTraBa and Poutmai. Dixit. 
Edited by hia SONS. 
John Mvrray, Albemarl^^treat, . 

BISSET ON ESTATES FOR UfS». 
Tide day if pvbliahed, in 8vo«, priee 13a., boards, 

A PRACTICAL TREATISE on the LAW of ES. 
TATES for LIFE. By ANDREW BISSET, Ei^.t 
of Uncoln'a Inn, Barriater at Law. 

v. and R. Stevena & G. S. Norton, Law Bookaellen sad 
Pnbliahera, (Svcoeaaora to the late J. & W.T. Clarke, of For- 
tvgal-atreet), 26 and 8f , Bdl-yard, Uncohi^a Inn. ' 



Jvst jmbhahed, price II. 8t..boarda, 3rd Edition, . 

CHITTY'S TREATISE on the. LAW of CON- 
TRACTS, not vnder Seal, and iqwn the naval Ddeaoa 
to Actiona thereon. The 3rd Edition, with great Addidoni. 
ByTOMPSON CHITTY, Eaq., of the BOddie Templa 

S. Sweet, Ijiw BookaeUer and Pvblishar, 1, Chaneaiy-hne. 

Of whom may be had» 

In 1 vol., 8vo., priee 14a., boanbt 

COMMENTARIES on the LAW of NATIONS. Bj 
WILUAM OKE MANNING, Jnn., Eaq. 

CONCISE FORMS of WILLS, with Pnotieal Notes. 
By W. HAYES, Esq., and T. JARMAN, Eaq., Barristen at 
Ijiw. Third Edition, mvch enkrged, price 12#. 6d. bds. 

A PRACTICAL TREATISE of the LAW of VENDORS 
and PURCHASERS of ESTATES. By the Right Boa. 
Sir EDWARD SUGDEN. In 3 voU., price 3/. lOf. bds, 

A PRACTICAL TREATISE of POWERS. By the R«lit 
Hon. Sir EDWARD SUGDEN. Price 2/. boards, 

QUESTIONS ON THE LAW OF EVIDENCE, wiHi 
THE ANSWERS. By A Babbibtbb. Price 4a. 6d. b^- 

QUESTIONS on CONVEYANCING and the LAW 
of REAL PROPERTY, with ANSWERS. ByaMEMBEK 
of the BAR. ParU 1, 2, and 3. Priee St., boards. 

QUESTIONS on the PRACTICE of the COURTS of 
COMMON LAW, with ANSWERS. By WM. THEO- 
BALD, E^., Banister at Ijiw. Priee 6a« bds. 

QUESTIONS on the PRINCIPLES and PRACTICE ia 
the COURT of CHANCERY, with the ANSWERS. For 
the Use of LAW STUDENTS. Price 4«. bds. 

QUESTIONS ON THE LAW AND PRACTICE IN 
BANKRUPTCY, with the ANSWERS. By A BARRIS- 
TER. Price 4s. bds. 



S« Ord«i for THE JURIST cltrtn to any N«wwMa.«»l^ 
(pottHiald) sent to fch« OAco, No. 3. CHANCCRV LAff B. orU» V. * &> 
irrEVBNS ft G.S. NORTOW, f Su<y<wora to J. A W. T. CtotoJ^ 



Portuinl Strwt)/S6 ud », hCLL VARD, will iamf'lUJf^S^ 
livery In Lomioii, or Its beiiyr forwarded on tte evwiag of p«>w>* 



dsliveryl ^ 

tlon, through the medlmn of the Post OOoe. to the Country. 



London : Printed hj WALTER M*DOWALL, Paiwran. 4, PbJ- 
■nToir Row, end PaUMked by STEPMElf SI^EBT, B«w«W*» 
and POBLigiua, 9, CsAaeamT LAink 8 al ai isi i »MowH tf > >>*• * 







No. 272. 



LONDON, MARCH 26, 1842. 



Price 1*. 



TU filhwrng are the Names of the Oentlemen who favour Thb Jurist with Bq)orU of Cases argued and 
decided in the several Courts of Law and Equity: — 



" - niijm^ /E. T. Hood, Esq. of the Inner 

***"*"*" \ Temple, Banister at Law. 

PrmConfl TTenibon Edwards, Esq. of the 

^^^ \ Inner Temple, Barrister at Law. 

HoaKflfCowBons Elee- / A. V. Kirwan, Esq. of Gray's 

tJoBCouutteea \ Inn, Barrister at Law. 

Tht hod Chanodlor's JE. T. Hood, Esq. of the Inner 

Covt \ Temple, Barrister at Law. 

Xirter of the RaDs Coiirt-f ^'J' Robson, Esq. of the Inner 
~™ ^'Wirs-j^ Temple, Barrister at Law. 

Tk^Chsiiodkir of Eng- TTrnison Edwards, Esq. of the 
hid'i Covt \ Inner Temple, Barrister at Law. 

Tn-CksDodlor Bmoe'a J W. W. CooPKR,Esq. of the Inner 
Csut \ Temple, Barrister at Law. 

rm.aBDoeI]orWigram's /E. J. Bkyir, Esq. of Lincoln's 
Cout • . \ Inn, Barrister at Law. 



Coort of Qoeen's Bench< 




of the Middle 

of the Inner 
at Ijmr. 

Co«t of Cornea «-{^iLKrSSir.i^- 

Ecclesiastical and Admi-f Robert Phillimorx, AdTocate 
ralty Courts \ in Doctors' Commons. 



LONDON, MARCH 26, 1842. 

iTbasoeeiirred to us, that we should render an ac- 
«jtebk Boriee to many of our readers, particularly 
to iboft vho have not yet had mucli opportunity of 
''stdangtlie proceedings of Parliament, if we were to 
pofflt oat, as briefly as possible, some of the more pro- 
Boaest points In the practice of the House of Commons 
io ngiri to pnhKc Bills; for, we believe, that many, 
«TED among lawyers, find themselves frequently at a 
Iqb csrrectly to estimate the state of proceedings in 
I^IiamcDt, in regard to those measures in which they 
take interest, owing to their attention not having been 
^ted to any safe sources of information explaining 
^ eoone of Parliamentaiy proceedings. . In drawing 
lip tile folbwing very brief heads, we have consulted 
c^idly Mr. TlatlalVs elaborate woric, on Parliamentary 
I^KKMduigi^ and a concise Epitome, on the same sub- 
i^ ^ Mr. Hammond, published in 1825, to which 
^ Rfe those of our readers who wUh more ample in- 



'^ibH step to a public Bill, unless it be a Bill of 
^^IfOf of Charge upon the subject, is a motion for 
J^i^ taking it in ; this may be made by any Member 
*lio thiab fi^ The introduction of the Bill may be, 
^|ii it is no^ usually, opposed on the motion for leave 
^ bnng it in (as was the case on the very recent mo- 
^for lesTe to bring in a Bill for altering «the Law 
«f Marrisge). If the House reject the motion, the Bill 
»wt then be dropped for that Session. If the House 
■■w^ it is orderea to be prepared and brought in. 
viTj* P'^P^wd by being drawn out on paper with 
"^"w^ fcr such matters as must be inserted by Parlia- 
"^.«di as dates, penalties, and the like. 
♦V " *^ PW«CJite^,to the House, and must pass 
"i«W»ft?»&tiDct st^es, viz. first, the first reading; 
^mjr, 4(^Aeoond r^ing; Uiirdly, commitment; 
fowtWy, ifiwr :j,5adii^; ^^^ fifthly, moUon, that it do 



The Bill may be, and usually is, read the first time 
on its being presented ; but it may be ordered to be read 
for the first time on. a subsequent day. The second 
reading is usually appointed for a subsequent day, but 
it may immediately follow the first. 

After the second reading, the Bill is committed, viz. 
referred to a committee ; which may consist of a cer- 
tidn number of members selected by the House; or of 
all the members; and it is then called a committee of 
the whole House : and this is done by the Speaker, in 
consequence of a motion to that eilect, leaving the 
chair; whereupon, another member being appointed 
chairman, the House then sits and debates as a com- 
mittee. The Speaker may sit and debate in such com- 
mittee as a private Member. 

In committee, the Bill is debated clause by clause ; 
amendments are made ; blanks filled up ; and though it 
is generally understood, that the proper function of a 
committee is to discuss and settle the detuls of a Bill 
whose principle has been adopted by the House, yet, in 
fact, the Bill may obviously, and sometimes is, wholly 
changed in committee by a succesmon of alterations 
affecting all the material clauses. 

After the Bill has gone through the committee, the 
chairman reports it, as altered therein, to the House ; 
and the House then reconsiders the whole Bill. The 
question is put on every clause and amendment; and 
it is open to members, at this stage, again to debate, 
clause by clause, the whole of the Bill. 

When the House has agreed, finally, to the Bill, as 
amended by the committee, or as altered by amend- 
ments of its own, it is ordered to be ingrossed^^which Is 
done by writing it, in an ingrossing hand, «l|jdipB or 



VOL.U 



K 



rolls of parchment. It is then to be read a tj^ijStime; 
and, on the motion for this reading, it may ag^hii^ ^ 
posed, in whole or in part. If the Bill be etaclik thitd 
time, the Speaker finally puts the que8tionj^H0tlyey it 
shall pass; and if that quesUon be detem^oed in 



98 



THl JURIST. 



affirmatiye, th» title of the Bill in oettied, and it U th^ 
carried np to the House of Lovds^ where it passes thfough 
the same, or neajrly the same, forms» aa in the Bouie of 
Commons. 

When the House maizes an amendment after the BiU 
is ingrossedy the additional matter is, in bills not of 
sappljr or chaige, made by adding a rider, or additional 
# piece of parchment to the roll, on which the additional 
iMtter 1b ingfossed. But, on bills of supply, of ebaige 
OH U^e Rbjecti Uie proposltiou for the charj;e must be 
lefemd to a committee of the whole House, a^d re- 
ported pn by such committee; in other words, no reso- 
lution or vote can pess Ihr imposing a charge on the 
wUfA whM^ ie not fi(»uiided oa the nport of a com* 
mittea of the whob Hovse; and that, whether to charge 
i]ie fiilQeet ie the sole object of the Bill, or that of a par« 
ticular.elaVM eoty; and whether the charge is by way 
f^l^3(, qf of pepelty fer an offence; and whether such 
impdellieii]«4ii>e0l(»ri9diiect, Henee, if any additional 
(^hmge ^ pippoped after the leport on a Bill, such charge 
cannot be imposed by e nder; but the Bill must be 
VCHMNffmiltedi Bttt the pairticular clause onl^i in whicii 
the addittaMkl eWge Is to be introduced, need he rtn 

Wiih regard io^e Mode t^etmdwimg the Proeeeditt^, 
It is a nUe^ tl^t po giember should speak twipe to 
the s^me question; this rule is, however, constantly 
evaded, if not broken, by the pmctice of informing the 
gouae of a ftct, or explaining; under cover of which 
modes of proceeding, few who pay attention to the pro- 
$eedin^ in Parliameut are unaware, that, practically, 
piembers ppeak much i^or^ than once to the sapie ques- 
tion. According to the strict rules of the Hpuse, every 
member is entitled to be beard without interruption; 
fai4 it is the duty of the Speaker to endeavour, by 
the exercise of bis interposition, to procure for him an 
flttentive hearipg. This rule, is also practically ne- 

{;leQted ; and has been, in fact, obsolete for more than 
wo ^ei^turies, as appears from the following story, re- 
lated in Mr. HatselTs Precedent^ vol. 2, 107:— '^Ser- 
jeant Heele speaking, said, * the Q,ueen hath as n^uch 
right to fpl our lands and goods as to the revenue of 
hei crown;' at which all the House hemmed and 
lavgM a^d talked. ' Well,' quothed Serjt. Heale, * all 
your hemming shall not put me out of countenance.' 
%i Mr. Speaker stood up and said, ' It is a great dis- 
Qxder th4t this should be used, for it is the ancient use 
of every man to be silent when any one speaketbs and 
he that ie speaking should be suffered to deliver hia 
]nin4 without interruption;' so the Serjeant proceeded, 
imd whan he had (tpoken a little while, the House 
hemiped again, and so he sat down." (a. d. 1601). 

The modem practice of the House appears to be in 
accordance with this precedent; that is, every member 
|s entitled to a patient hearing when he cap obtain it, 
I4id po lopger. 

To obtain the sense of the House on any question, the 
pnictice is, that the member who desires it, frames his 
^ueetion ii) w^ting, and delivers it tP the Speaker, 
whc^ when the member has moved it, and it has been 
^eopded, proposes it to the Houae, and the House is 
then nuid to be in poipeiaioA of the queetion; and 
4hal quertian eaimat aftarwiirds be withdri^wB^ but by 
2 



leave of the House* When the House wishes, how- 
ever, to get rid of a question without giving any opin- 
ion upon it, it eannot be done by moving any other 
question; because, regularly, that question which is 
first moved and seconded is to be ^rst put; and, there- 
fore, the question which it is sought to get rid of has 
precedence over eveiy other. But there are three wniya 
of obtaining the object of dismisdng the question l>e- 
fore the House, ftr that day at least. The first v hy 
some member n^oving ai) adjournment; the aecond^ by 
hia moving that the orders of the day be read ; and the 
third, by moving the previous question. 

The motion to edjoum has this effect, because it tekaa 
preoedeace of any motion or question before nuide or 
pioposed* But it must be simply to ^adjourn,** and 
not to adjourn to any pavtioular day. The nest mode, 
by moving the orders of the day, is for the orieta gene- 
rally, and not for any particular order; and, if carried, 
the orders of the day are to be read, and proceeded on 
in the order in which they atand. The prindpla on 
which the motion for the orders of the day puta an end, 
if ottried, to any question before the Houaa^seema^ that 
prhnA fittie, the orders or regular business of tli» day 
take precedence of all other proceedings; for, if the 
House is proceeding, not on a special question, but on 
one of the orders of the de^t then ihat proceeding ou»- 
not be intezTupted by a motion for the orders of the day. 
The third mode, though somewhat mystic and aninteUi> 
gibleatfirst sight, is, in reality, very simple. ^'Theefiect 
of it» sf^s tU. Hatsell, (Vol. 2, p. 11^), is only to put 
off the coming to that question at that time, and la in 
these words: ^that this question be now put.' If the 
previous question is negatived, so as to put off tbo niAin 
question to another day, the same question, thongh al- 
tered in words, if not essentially and substantially al- 
tered in matter, ought not to be put again that day." 
Moving the previous question is, therefore, in efiFeot, 
putting to ^he House as a preliminary queation| ^vhe- 
ther the question, then in course of debate, shall be put 
at all; and, of course, if the preliminaiv inquiry be 
answered in the negative^ the subsequent one MJs to 
the ground. 

Imperial PnUamtnt. 

HOUgB OF LORDS. 
M<md^, March 21. 
The Lord ChtmctUor laid on the table a BtU te defiiM the 
Juriadi^tiQa of Jostices at Oenersl Quarter Sessioiia oC the 
^e»ce. ^ 

ABSTRACT OF A BILL FOR THB AMBNDMSMT 

OF THB LAW OF BANKRUPTCY, 

Sect. 1. Whereas it is expedient to amend the law of bank- 
ruptcy : And whereas by an act pasaed in the 1 ft 2 Will. 4 , 
[c. 56]/ intituled <• An Act to eatabliih a Court ht Bank. 
rnptey," various alteratioiiBwere made in the admtnistnttoa ol 
the law of bankraptey, which have by eipedeQce been foiaod 
beneficial, and it ia adviaaUe to eKtead the previiiaaa an^ r«- 
fulatioas qontained in the said set : Be it tharaf^ra enacted, 
&c., That the prpviaioDS pf this act, aaleaa wheie otbarwiac 
herein ipedally provided, shall commence and take effect from 
aad sfter the day of — next. 

2. Laws at Tariance with this act repealed, 

3. Petitioning creditor's bond may be dispensed wUh if the 
Lord ChanoeUor shall think fit ; and in mJ^ eaae it aball be 
lawftil te is^ee the fiat without say such bood having be^ 
giv^a. r • 



THE JURIST. 



99 



fiafc in baakniptej granted tftnr the oom- 
i of this md ihall, after the giBoting of rach fiat, he 
tut til wi t h laned and transmitted by the Lord Chancellor's se- 
cretacy of bankrvpts, in snch manner as the Lord Chanoellor 
bfmKfgpatnXor other orderihall direct, to the court to which 
SBch Sat shall be directed nnder and bjTirtne of the powers of 
wBf aet nov in Ibcoe or of thia act : Pnmded always, that no 
anch fiat ahall be isned to the petitioning creditor, or his at- 
taney or agent. 

5. Fenon agarast whom a fiat in bankmptey has issued, on 
piosf of probeUe came for beUering that he is about to quit 
'^'^'*^, or Id resBore oc conceal his goods with intent to de- 
fiaad ereditofa. nuybe arrested under the warrant of the oonit 
aathoriaed to aet in the proaecntion of such fiat. 

6. That it shall be lawfiil for sny person armted upon any 
, or fior any person whose books, papers, monies, 

I for monies, goods, or chattels haTeboBn leiaed under 
iwanrantv to apply at any time after such anestor 
k ta aadi court for an order or rule on the petitioning 
» named in audi fiat to shew canae why the person ar- 
rested should not be discharged out of custody, or why his 
hooka, pipas, monies, securities for monies, goods, and chat- 
idfslMieldBOtbedeliTered up to him; and that it shall be 
Javfol lor mdtk eonrt to make absolute or disdisrge luch order 
or rak, and to diiect the costs of the application to he paid by 
ekhcr party : Provided that any such oider may be discharged 
or vaned hj tte Court of Reriew, on application made thereto 
by dAet perty dissatiified with such order. 

7. That no peraon shall be liable to become bankrapt by 
imaua of any act of bankruptcy committed more than twelYO 
BMMtha prior to the issuing of sny fiat in bankruptcy against 



8, 



That ao fiat in bankruptcy shall be deemed iuTalid by 
son of any act of bankruptcy of the person agafaist whom 
i adjodkitftiaQ of banlcruptcy thereunder ihall be made haT- 
l been oonoerted or agreed upon between the bankrupt and 



aay oeAnr or other perMm, lave and except where any peti- 
tiou ta aap e i aede a fiat for any such cause shall haYO been 
dreafty picaented, and shall be now pending. 

9. That tbs amount of the debt or debts of any creditor or 
q e dHa i pstitkming for a fiat in bankruptcy shall hereafter be 
as Man, Oat in to say, the single debt of such creditor, or of 
two or moie penona bnng partners, petitioning for the same, 
E to 50/. or upwards ; and thedebtof two creditors 
r shall amount to 70/. or upwards, and the debt of 



three or mose creditocs so petitioning shall amount to 100/. or 
apwards; and that every person who baa given credit to any 
trader upon valnable consideration for sny sum payable at a 
eertain time, which time shall not have arriTed when such 
trader eoasButted an act of bankruptcy, may so petition or join 
is pedtioinB^ aa aforesaid, whether he shall have had any se* 
earity in writing for such sum or not. 

10. That all livery-stable-keepers, ooach-proprietorB, car- 
rios, ship-owners, auctbneers, apothecaries, market-garden- 
en, cow-keepers, brick-makers, alum-makers, lime-burners, 
■ad auUcra, shall be deemed traders, and subject and liable as 
tndoi to thia and to the other statutes relating to bankrupts. 

11. That if any creditor of woj trader, within the meaning 
sf thn or any other atatute relatmg to bankrupts now or here- 
dba to be in fiofroe, shall file an affidavit in the court authorized 
nhevdaafter provided to act in the prosecution of fiatsinbank- 
nitef in the dbtrict (to be described as hereinafter mentioned) 
ia tAd^ sadi debtor shall reside, or in the Court of Bank- 
nptcy if sadi debtor shall not reside in sny such district, in 
the fins spceified in schedule hereunto anneied, (A. No. 1), of 
ike truth of his debt, and of the debtor, as he verily believes, 
beiqg each a trader aa aforesaid, and of the delivery to such 
tnder, penooally, of an account in writing of the partionlars 
of Us demand, with a notice thereunder requiring immediate 
macat thereof, in the form specified in the said schedule, (A. 
No. 2), it shall be lawful for the court in which such affidavit 
dull be filed, aa the case may be, to issue a summons in writ- 
ing, in the form specified in the said schedule, (A. No. 3), call- 
iag upon andi trader to appear before such court, and stating 
k wath f"f»^M*f Uie purpoee for which such trader is caUed 
upon by such sununons to appear as hereinafter provided. 

12. That upon the ^peannce of any such trader so sum- 
BMBied ss dbresaid, it shall be lawfol for such oouit to require 
■eh trader to state whether or not he admits the demand of 
■idi creditor so sworn to as aforesaid, or any and what part 
ihciMi; and if sodi tndcrihall admit fuch demand or any pirt 



thereof, to reduce such admission into writing, in the form spe- 
cified in the schedule hereunto annexed, (B. No. 1), and sudi 
admissbn so reduced into writing such trader is hereby re- 
quired to sign, end the same ii tiiereupon to be filed in such 
court; snd it shall also be lawfol for such court to allow 
such trader upon his said appearance to make a deposition upon 
oath, in writing under his hsnd, to be filed in such court, in 
the form specmed in the said schedule, (B. No. 2), that he 
verily believes he baa a good defonoe to tiie said demand, or to 
some and what part thereof. 

13. That if any such trader so summoned as aforesaid shall 
not come before such court at the time appointed (having no 
lawfol impediment made known to and proved to the satbfoc- 
tion of the court at the said time, and allowed) ; or if anv sudi 
trader, upon his appearance to such summons as aforessid, shall 
reftoe to admit sudi demand, and shall not make a deposition, 
in the form heretn-before mentioned, that he bdieves he has a 
good defence to such demand, then and in either of the said 
caaes, if sudi trader shall not within twenty-one days after per- 
sonal service of sudi summons pay, secure, or compound for 
sueh demand to the satisfaction of sudi creditor, or enter into 
a bond, in such sum snd with two suflldent sureties as sudi 
court shiil approve of, to pay such sum as shall be recovered 
in any action which shall have been brought or shall thereafter 
be brought for the recovering of the same, together with sudi 
coots as shall be given m such action, every sudi trader shall be 
deemed to have committed an act of bankruptcy on the twen- 
ty-second day after service of sudi summons, provided a fiat in 
bankruptcy shall issue against such trader within two months' 
firom the filing of audi sfiidavit. 

14. That if any sudi trader so summoned as aforesaid riudl, 
upon his appearance before such court, refase to sign the ad- 

in^ behalf 



required as aforesaid, whatever may be 
the nature of his statement, or whether he makes anv state- 
ment or not, it shall be deemed, for the purposes of mis aet, 
that every such trader thereby refoses to admit such demand : 
Provided always, that it shall be lawfol for such court, upon 
reasonable cause shewn, to enlarge the time for calling upon 
such trader to state whether or not he admite such demsnd, or 
sny part thereof, for such time as such court shall think fit. 

1 5. That if any such trader so summoned as aforesaid upon his 
said appearance shall sign an admission of sudi demand in the 
form aforesaid, and shall not, within twenty-one days next after 
the filing of such admission, pay, or tender and offer to pay, to 
such er^itor the amount of sudi demand, or secure or com- 
pound for the same to the satisfoetion of the creditor, every 
audi trader shall be deemed to have committed an act of bank- 
ruptcy on the twenty-second day after the filing of such admis- 
sion, provided a fiat in bankruptcy shall issue against such 
trader within two months from the filing of such afiidavit. 

16. niat if any audi trader so summoned as aforeaaid shall 
upon his said appearance sign an admission for part only of 
such demand in tiie form aforesaid, and ahall not make a depo- 
sition, in the form herein-before required, that he believes he 
baa a good defence to the residue of such demand, then and in 
such case, if such trader, as to the sum so admitted, shall not, 
within twenty-one days next after the filing of such admission, 
pay, or tender and offer to pay, to such creditor the sum so ad- 
mitted, or secure or compound for the same to the satisfection 
of the creditor, and, as to the residue of such demand, shall not, 
within twenty-one days after personal service of sudi summons, 
pay, secure, or compound fbr the same to the satisfection of 
such creditor, or enter into a bond, in audi sum and with two 
sufiident suredea as such court shall approve of, to pay sudi 
sum as diall be recovered in any action whidi shall have been 
brought or shall thereafter be brought for the recovery of the 
same, together with such costs as shall be given in sudi action, 
every such trsder shall be deemed to have committed an act of 
bankruptcy on the twenty-second day after service of such 
summons, provided a fiat in bankruptcy shall issue against such 
trader witMn two months from the filing of such sfBdavit. 

17. Admission of debt signed elsewhere than in court, if at- 
tested by attorney of the trader in the form required, may 
be filed, and have the same force as an admission signed by a 
trader on his appearance in court under the summons. 

18. Trader summoned on affidavit of debt to have sudi ooste 
as the court shall think fit 

19. That in every action brought after the commencement of 
this act, wherdn any such creditor is plaintiff and any such 
trader is defendant, and wherdn the plaintiff shall not recover 
the ainoaiit of the sum for wbidi be iball havefiM an aflMavit 



THE JURIST. 



of d«bt vndv th« proviaioiis of tUa act, noh MemhsA diall 
Ve entitled to oostB of suit, to bo taxed aeoordiog to the emtoiii 
of tlie ooort in which foch action shall have been broaght, 
provided that it shall be made appear to the satisiactioB of 
the coBTt in which sueh aetion ia brovght, npon oiotioa to 
f» made in ooiirt for that purpose, and upon hearing the par* 
tici hf a^Mavit, that the plaintiff in suoh action had not any 
TCBSonable or probable eanse for making sach affidavit of debt 
fa sndi amount as aforcsaidi a»d provided neh eowt Aall 
Ihereapon, by a rule or order of tiie same oonrt, direst that 
■Qob coeta shall be allowed to the defendant i and the plaintiff 
fhall, upon sneh role or order being made as aferasaid, be dis« 
allied from taking out any eiecntion for the snm recovered in 
any sn^ notion nnless the same shall exeeedi and than tn sncli 
mm oikly as the same shaUeKoeed,tbe amcontof the taied oosta of 
iiia defendant in snob aetaonj and incase the som recovered in 
imj soch action shall be less than the amoant of the eoets of the 
dUendant to be taxed as alBresaid, diat then the defendaat shaU 
be entitiedf after dedooting the som of money recovered by the 
mailitiff in sach action from the amonnt ef his coats so to be 
taxed as a^oresaidi to take omt esecntiott fot sneh eosts ib like 
manner as a defendant may now by law have exeention for 
eosta in other eaaes^ 

90. That if any plaintiff shall recover jndgment in eny aotioii 
personal in any c^ her Majesty's eonrts of reeord ageinet any 
each trader, and shall be in a sitoatioii to sae out axeention 
Vpoa sneh jodgmenti and there be nothing dne from soch ^ain-* 
tm by way of ast-off against sneh jodgment, and inch trader 
ihad |iot| within tweptty-one days after notice in writing per« 
sonally served upon him requiriiig immediate payment <rf sndl 
jndgment debt, pay, seonrei or oompoond for too same to the 
tatis&otion of sneh plaintiff, he shall be deemed to hate com* 
mitted an act of bankmptev on the twettty-seeo«d day after 
sevviee of such notice: . ProviM always, that if itieh eieentioii 
shall in the meantime be snspended or restrained by any rule, 
order, or pooeeding of any conrt of justice havhtg joriediclioli 
In tUt behalf, no ftirther proceeding shaU be had on sneh no« 
tfee, bnt that it shall be fewfol nevertheless for sneh plaintiff, 
whoi he shall again bo in a sitnatioB to sne ont SBeentton on 
such judgmentf to proceed again by oofeioo in 



. 21. trader disobeying order of any conft of e%ni^,er 
in banknqytey or Inaaey, for payment of money, after a 
qi order for payment on aperemptory day fixed, an act of bank- 
Xi^ttnr 'r after personal notice of such order twentv-one days be* 
fore the day fixed th«rein Inr payment, shaU be deemed tohavo 
ofrmmitted ax^ act of bankruptcy on the twenty •second diqf after 
tlie service of such ordet. 

. 22. That if any sneh trader shaU file hi the office of the Lord 
Chancellor's Seoretary of Bankrupts a dedaratfon to writing 
Qa the form of Schedule (D.) hereoato annexed), aigned by 
such trader, and attssted by an attorney or soUcifor, that he ia 
ipahle .to meet his et^gsgenieiita, every sneh tiuder shall bo 
4eemed thereby to have committed an act of bankrvptct at the 
time d filing each declaration > Provided a fiat in bankmptey 
shall imoe against such trader within two months from the 
iSag of sneh dedarationt and a copy of sneh declaration, pnr* 
portii^ to be certified by the said secretary or hie derfc as a 
true copy, shall be received as evidence of such declaration 
having been filed. 

23. That before notice of any a^hidiealion of bsnkrvptey 
shall be given in the London Qaaelto, and ator before thetjase 
of putting in eseeutioB any warrant cd seisure which shall have 
been granted upon such adjiudication, a dnplioate of suoh adjn- 
dication shall oe servdl on the peUMn so adjudged banknnt 
personally, or by leaviitg the same at the usual place of abode 
of such person, and that such person shall be allowed five days 
firom the service of such duplksato to shew cause to the oonrt 
anthorixed to act in the proaecution of the fiat under which 
8Mh acyndicatMHi shall have been made, against the validity of 
such adjudicatiott; and that, if sueh person shall within the time 
hsreby allowed in that behalf show to the satisfoction of soch 
oonrt that the petitftoning creditor's debt, trading, and act of 
banknqptcy upon which sueh a^udicatioti shafl have been 
grounded, or that any or either of soch matters are insufficmnt 
t» support sneh a4}«dicatioa, soch court shall theret^on cause 
a memorandum in writing to be filed with the proeeedinga nn- 
der such fiat, that such a^jndleation b annulled, and the same 
saaU thereby be anaulled aooordhigly; bnt if at the expiration 
c(f the said time no cause shaH hwe been sheim to Uto mrisfoc^ 
tmvk of 10^ #Q«t lir thg aawiUini of 



court shall fivthwlth aftar the eaqrfration of sac 
notice of such s4jndi0Btkm to be given hi tiie London GaneMS 
and shall thereby appohit two public sittfaigs of such oonrt fc 
the bankrupt to surrender and conform, the last of which nil 
lings shall boon a day not less than thirty days and net exoeed 
ing sixty days firom such advertissmeBt, and shall be tha dm 
limitod for suoh surrender: Provided slways, that if incb pel 
son so sludged bankrupt shall, after such adgudieatloa, mH 
before the expiration of the time so allowed for Shawisig oaM 
aaafotesaid,sunttidertotuehfiat| and givohlsoonsMit, tes 
tified to writbig under his hand before inch eenrc, to anch nd 
judication, and that the ssme nay be advertised, ia^ ecmrl 
after audi oonsent so given as aforesaid, thall forthwith emtl 
notice of such a^udioatlon to be advertised, aad aOpoitit th 
sittuiga for the bankrupt to sufrander and eonfonfi m maanc 
aforesaid} and sneh petson so adjudged bankrupt shaH be fird 
from arrest or imprlsenment by any creditor to oomint tf» wuM 
render, and after such surrSBder durint the time by this act Ij 
mited for such surrender, sad sueh ftirther time as ahnll U 
aUowed him fbr fiidsUng his eianination, |Mvided ho w«s nt 
to custody attheliaBe of sneh surrender; and If sneh hcnknifd 
shall be arrested for debt or on any escape wwrant ift oornh^ 
to surrender, or shall after his surrender be so arreiAed wrltha 
the tfane aforesaid, he shall, on prodneing his summons ai^n^ 
as rsquired by this act to Ow officer who shall arrest him» mm 
giviog sndi officer a copy thereof, be lOHnediately dlsofaatf-ged 
and If any officer shall detain any soch bankrupt after be aha] 
have shewn such summons to htm, such ofleer iftall forfeit t 
such bankrupt, fi»r hit own use, the earn of &/. ft»r every da 
he shall detain soch bsnkrupt, to be reootered by notion ^ 
debt in pxf court of reoord at Weitmfaisteyf in the nnine ^ 
such bankrupt, with ftill costs of suit; and it shall be lawful §6 
the eonrt anttiorlMd to act to tite proseentton of sash flat, a 
the thne appototed for the last ets as toatkm of the ban1rni|it» 6 
any en lar g emen t or adjonmment thoMof , to adjourn auch exa 
ssination sine die; and he sliali be ftw n^em aivost or imprl 
solimeot fn sudi time not exeeedittg three months as epnd 
coort ShaU ft^am tlase to time by hidofsemant upon Hio aun^ 
mons of such bankrupt appoint, with fike penally upon any o^ 
fieer detaiidng such bankrupt after havtog been shewn and 

24. If the bankrupt shall not wttldn a limited time 
to dispute the fiat, and prosecute his prooeedtog with d 
and effect, the Gaaetto to be conclusive evidence of the bankl 
niptoy as against the bankrupt, and against nersons whoni thi 
benkrupt might have sued had he not been aeljodged baakrupl 
satfag prasent righto for which any proeeedinge are pending. 

2i. Proviao for debtor to the bankrupt's estate paying th^ 
debt into court, when sued by dMusslgnees within tiie time §&i 
bankrupt to ffispute} and if whldn that time the baidirupt riu4 
not have oommenoed such action, smt, or other proeeedii^ a^ 
aforesaid, and prosecuted the same with dne diligence, the moi 
ney shall be pad out of eourt to tim assignees, bat otherwise 
shall abide the event of sodi action, suit, or other proceeding 
as aforesaid. 

26. That it diall be hftvftd for the oeort authovfccd to ac^ hi 
the preaeeutton of eny flat to bankmptey, whenever such conH 
shad think fit, at or afiier the tittlng appototed for tte last ez^ 
aminatkm of the bankrupt named in sudi fiat, to audit the as^ 
signee's aeoounte, and to make a dedarstton of dividend unde^ 
such fiat, subject nevertheless to such advertisement and andi 
other provisions rdsttog to such audits and dividends as wrt 
now rsqulred to respect of audite and ffivldends under bank^ 
rupto' estotes, except such provisions as relate to the Ihni^ 
tation of time m any manner respecting such asdito and divi^ 
dends, or the sppointment thereof. 

27. Courtmayordertoreemonths' wages or sakry to clerks 
or servants. 

28. Court may order two weeks' tragei to labourer or work^ 
man. 

29. Distress not to be avdlable for more than six montba'' 
rent due; the landlerd to prove for Ae residue. 

do. That in all eases where it shall be made to appear to the 
satisfoction of the eourt authorized to act m the prosecution of 
any flat in bankrupt!^, that there is reason to suspect and be- 
lieve that pr o per t y or any bankrupt is co h cea l e d in any boose, 
premliss, or ocher plaoe not bcAotigtog to such bankrapt, sneh 
court is hereby directed and authorised to grant a search war- 
rant to any person appototed by the court in whkdk Ae adjncH. 
cation agiJnst such bankrupt shall have bete smdfe, and it shall 
06 if#ral fo# tfiMs pONdft to* eneoiito sttdi warrattt aooormn^ to 



THE JURIST. 



101 



tiie fBMr theraof ; and loch penMm fhall be entitied to the 
nno protoctkm as ia allowed by law in ezeeution of a learch 
warrant for propeitj reputed to be atolen or oonoealed. 

31. lliat, if any person adjudged bankrupt after the com- 
BtenfieBCBt of this act shall at the time of his bankroptcy be a 
Bwmber of a firm, it shall be lawful for the court authorised to 
act in the proaecution of the fiat against such bankrupt to au- 
thoriae the ass i g nee to oommenoe or prosecute any action at 
kw or suit in equity in the name of such aisignfw and of the 
tmBtaaa^ partner, against any debtor of the partnership, and 
laeh ja4pnent, deeree, or order may be obtained therein as if 
neb actKm or aatt had been instituted with the consent of such 
partner, and if such partner shall execute any release of the 
d^ or demand for which such action or suit is instituted such 
leleaae shall be void : Provided that every such partner shall 
havenotioe given him of such action or suit be/ore the same 
shall be so commenced, and, if no benefit is claimed by him 
by Tixtae of the said proceedings, shall be indemnified against 
^ pay meat of any costs in respect of such action or suit, in 
ewh saBoar aa such court upon his application shall direct ; 
and that k shall be lawful for such court, upon the amplication 
of aoeb partner, to direct that he may receive so much of the 
pn i ce ed a of sn^ action or suit as such court shall direct. 

32. That, if any person adjudged bankrapt after the com* 
■xneement <^ this act shall not before three of the dock upon 
the day limitrd for the surrender of such bankrupt, after no- 
tice thereof in writing to be left at the usual place cf abode of 
sach pcraon, or personal notice in case such person be then in 
praon, and notioe given in the London Grazette of the issuing 
af the fintv and of Uie sittings of the court authorised to act in 
the p r o a ec ntian d the fiat against him, aorrender himself to 
aoch cotut, and sign or subacribe such surrender, and submit 
to be examined before such court firom time to time upon oath ; 
or if any each bankrupt, upon such examination, shall not dis- 
csvo' aU has real and personal estate, and how, and to whom, 
upon what oonaideration, and when he disposed of, assigned, 
er tranafened any of such estate, and all books, papers, and 
'witiafi relating thereunto (except such part as shall have been 
n£kf mdbonik fide before sold or disposied of in the way of his 
tndb,ar hid cmt in the ordinary ezpenae of his family) ; or if 
any mck bankrupt shall not upon such examination deliver up 
to the asid coort all such part of such estate, and all booka, pa- 
pcn, and writings relatmg thereunto, as shall be in his posaes* 
aioB, coctody, or power (except the necessary wearing apparel 
of hiaaaelf , Ida wife, and children) ; or if any such bankrupt 
Aah remove, conceal, or embezzle any part of such estate to 
the vahie of ten pounds or upwards, or any books of acooimt, 
papera, or writings relating thereto, with intent to defraud his 
creditors ; every such bsnluupt shall be deemed guilty of felony, 
and be liable to be tranaported for life, or for such term, not 
kaa than seven years, as tiie court before which he shall be con- 
victed shall adjoidge, or ahall be liable to be imprisoned, with 
or witboot haird labour, in any common gaol^ penitentiary 
hoose, or hooae of correction, for any term not exceeding seven 
yean. 

33. Court may enlarge the time for the bankrupt surrender- 



34. A bankrupt, after an act of bankruptcy, or in oontem- 
pbtion of bankruptcy, and after commencement of this act, 
destroying or falsifying, &c., any of his booka, &c., or making 
tdaa eatries in any book of account or other document, to be 
jeuacd guilty of a misdemeanor, and liable to imprisonment, 
vith or vithont hsrd labour. 

35. Baakmpt vrithin three months of hia bankruptcy and 
alter coBUMnoeraent of thia act^ having obtained gooda on cre- 
dit BBder £dae pretence of dealing in the ordinary courae of 
trade, or removingi concealing, &c., goods ao obtiuned, guilty 
of a Busdemeanor. 

36. That every bankrupt who ahall have duly aurrendcred 
ander a fiat issued after the commencement of this act, and in 
all things eonfonned himself to the laws in force at the time of 
iaauing the fiat against him, shall be discharged from all debts 
due by him when he became bankrupt, and from all claima and 
dcfaands made proveable under the fiat, in caae he ahall obtain 
a oertifieate of such conformity ao signed and allowed, and sub- 
ject to sodi provisiona aa hereinafter mentioned ; and no certi- 
ficate of sodk conformity by any such bankrupt ahall releaae or 
£scfaarge snch bankrupt from auch debts, claims, or demands, 
ankm soch certificate ahall be obtained, allowed, and confirm- 
ed aeoOTding to such provisioiis : Provided always, that no such 
ocftificale ahaU relMse or diaoharge any person who was partner 



with suflfa bankrupt at the time of his bankruptojr, or was then 
jointly bound or had made any joint contract with such bank- 
rupt. 

37. That no bankrupt shall be entitled to such certificate^ 
and that any auch certificate, if obtained, ahall be void, if audi 
bankrupt ahall have loat by any aort of gaming or wagering in 
one day 20/., or within one year next preceding his bankruptcy 
200/., or if he ahall within one year next preceding his bank- 
ruptcy have loat 200/. by any contract for tbt purchase or sale 
of any government or other atock, where suoh contract wm not 
to be performed within one week after the oontraot, or where 
the stock bought or sold was not actually transferred or deli« 
vered in pursuance of such contract ; or if suoh bankrupt shall^ 
after an act of bankruptcy, or in contemplation of bankruptcyf 
or with intent to defeat the object of this or anv other statute 
relating to bankrupts, have concealed, destroyed, altered, mu«. 
tiUted, or iUsified, or caused to be concealed, destroyed, al- 
tered, mutilated, or falsified, any of his books» papers, writings^ 
or securities, or made or been privy to the making any false or 
fraudolent entry in any book of account or other document, 
with intent to defraud nis creditors, or shall have concealed any 
part of his property i or if any peraon having proved a false 
debt under the fiat, such bankrupt being privy thereto, or 
afterwarda knowing the aame, ahall not have diadosed the same 
to his msignees, within one month after such knowledge. 

38. That it shall be lawful for the court authorized to act m 
the prosecution of any fiat in bankruptcy issued after the com- 
mencement of this act, on the application of the bankrupt 
named in such fiat, to apooint a public sitting for theallowanoe 
of such certificate to the bankrupt named in such fiat ; (where- 
of, and of the purport whereof, twenty-one daya' notioe shall 
be given in the Lcmdon Gasctte and to the solicitor of the ss- 
aigneea) i and at such sitting any of the creditors of such bank- 
rupt may be heard against the allowance of such certificate } 
but it shall not be requisite for such certificate to be signed by 
any of the creditors of such bankrupt ; and such court shall 
judge of any objection against allowing such certificatei and 
eiiba find the bankrupt entitled thereto, and allow the ssme, 
or refuse or suspend the allowance thereof, or annex such con- 
ditions thereto as the justice of the case may require : Provided 
always, that no certificate shall be such discharge unless such 
court shall, in writing under hand and aeal, certify to the Court 
of Review that auch bankrupt has made a full discovery of his 
estate and efiects, and in all things conformed as aforesaid, and 
that there does not appear any reason to doubt the truth or 
fulness of auch diacovery, and unless the bankrupt make oath 
in writing that such certificate was obtained fairly and without 
fraud, and unless the allowance of such certificate shall, after 
such oath, be confirmed by the Court of Review, against which 
confirmation any of the creditors of the bankrupt may be heard 
before such court. 

39. Contracts and securities to induce creditors to ibrbear 
opposition, void, and the money thereby secured or agreed to 
be paid shall not be recoverable ; and the party sued on auch 
contract or security may plead the general issue, and give thia 
act and the spedal matter in evidence. 

40. Penalty for obtaining money, goods, chattelsi orsfou- 
rities for money, as an inducement to forbear opposition, or 
conaenting to allowance or confirmation of certificate^ 

41. That any bankrupt who shall, after such certificate ahaU 
have been confirmed, be arrested, or have any action brought, 
against him for any debt, claim, or demand proveable under 
the fiat against such bankrupt, diall be discharged upon com- 
mon bail) and may plead in general that the cause of action 
accrued before he b^me bankrupt, and may give this act and 
the special matter in evidence ; and such bankrupt's certifioate, 
and the confirmation thereof, shall be sufficient evidence of the 
trading, bankruptcy, fiat, and other proceedings precedent to 
the obtaining such certificate ; and if any such bankrupt shall e 
taken in execution or detained in prison for such debt, daim, 
or demand, where judgment has been obtained before the con- 
firmation of his certificate, it shall be lawful for any judge of 
the court wherein judgment has been so obtained, on suoh 
bankrupt's producing his certificate, to order any <iffloer who 
shall have such bankrupt in custody by virtue oC such exe- 
cution to diKharge such bankrupt without exactiiig any fee, 
and such oflicer shall be hereby indemnified for so imng, 

42. That no bankrupt, after such oertiflcate shall have been 
confirmed, shall be liable to pay or satisfy any debt, dsim, or 
demand from which he shall have been discharged by virtue of 
such oertiflcate, or any part of sach debti daim, or detoind. 



103 



THE JURIST. 



upon any ocmtnet, promise, or agreetnent made or to be made 
after the aoing out of tlie fiat, o^eaa toch contract, promiae, 
or agreement be made in writing signed by the bankmpt, or 
by some person thereto lawfoUy antiiorized in writing by such 
bankrupt. 

43. Allowanoe to bankni])t ; 5/. per cent., and not exceed- 
ing^ 400/., as soon as lOf . paid in the pound ; 71, lOf . per cent., 
and not exceeding 5001., if I2i, 6d. ; 10/. per cent., and not 
tiinafiriing; 600/., if 15«. Allowanoe not payable till twelve 
months alfeer date of the fiat, and then payable only if requisite 
amount of diridends paid to creditors who shall have proved. 
If at ^ expiration of twdre months the diridends paid be 
wider lOt., bankrupt may be allowed not exceeding 3/. per 
cent, and 300/. 

44. One partner may reoeiYO allowance, though others not 
entitled. 

45. And whereas fiats in bankruptcy against traders residing 
within a limited distance from London are, usually, exclusively 
directed to the Court of Bankruptcy, and such distance may, in 
«onse(|uenoe of the increased facUity of communication, be with 
out i n c o nvenience considerably extoided ; and it is expedient to 
make better provision for the prosecution of fiats in bankruptcy 
not directed to the Court of Bankruptcy : Be it enacted, that 
every fiat in bankruptcy issued after uie commencement of this 
act, not directed to the Court of Bankruptcy, shall be directed 
to such one of the courts authorised to act in the prosecution of 
fiats in bankruptcv in the country, as herein-after prorided, as 
the Lord Chancellor, or as the Master of the Rolls, one of the 
VJce^Cbancellors, or one of the Masters of the Court of Chan- 
eery acting under any appointment of the Lord Chancellor to 
be given for that purpose, by such fiat may think fit to nomi- 
aate, to be prosecuted in such court, and that every such fiat 
shall be thereupon prosecuted in the court to which the same 
shall be ao directed, and it shall be lawful for such conrt to 
proceed thereon in aU respects as commissioners of bankrupt 
acting in the prosecution ^a fiat in bankruptcy dsewhere than 
in the Court of Bankruptcy before the passing of this act, save 
and except as such proceeding may be altered by virtue of this 
aet ; and that in every bankruptcy prosecuted in any such court 
every such court shidl have the power, jurisdiction, and au- 
thority, and be subject to the duty, by any act of parliament 
now in force vested in or imposed upon such commissioners, 
in all respects as if such conrt were commissioners of bankmpt 
returned and appointed under the said recited act, save and ex- 
cept as may be otherwise directed by this act. 

46. That every fiat in bankruptcy prosecuted in the country, 
and the proceedings under such fiat, or any part of such pro- 
ceedings, or copies or minutes of every such fiat and proceed- 
ings, or part thereof, at such time and in such manner and form 
as the Lord Chancc^or shall by any order from time to time 
direct, shall be transmitted by the court acting in the prosecu- 
tion of such fiat to the Court of Bankruptcy in London, to be 
there filed and kept among the records of the 



47. 



) said court. 



That a number of persons, not exceeding thirty in the 
whde, being merchants, brokers, or accountants, or persons 
who are or have been engaged m trade in the United Kingdom, 
sUl be chosen by the Lord Chancellor to act as offii^ as- 
signees in all bankruptcies prosecuted in the country, one of 
which said oflBdal assignees shall in all cases be an assignee of 
each bankrupt's estate and effects, together with the assignee 
or assignees to be chosen by the creditors, such official assignee 
to give such security, to be subject to such rules, to be selected 
fer such estate, and to aet in such manner, as the Lord Chan- 
eellor, or as the Court of Review or Judge of the Court of 
Bankruptcy, if authorised so to do by any order of the Lord 
C h a n cel lo r, shall from time to time direct ; and all the personal 
estate and effects, and the rents and profits of the real estate, 
and the proceeds of sale of all the estate and effects, real and 
personal, of the bankmpt, shall in every case be possessed and 
ittoeived by such offidal assignee alone, save where it shall be 
otherwise directed by the conrt actingin the prosecution of the 
bankraptcy ; and all stock in the public funds or of any public 
eompany, and all monies. Exchequer Bills, India Bonds, or 
other public securities, and all bills, notes, and other negotiable 
instraments, shall be forthwith transferred, delivered, and paid 
hf sudi olBdal assignee into the Bank of England, to the credit 
01 the accountant in Bankraptcy, to be subject to such order, 
rule, and regulation for the keeping of the account of the said 
monies and other effects, and for the payment and delivery in, 
inveatment, and payment and delivery out of the same, as tb» 
I^CbnoeUori ores the C^^ of Beriew or Judge of the 



Court of Bankraptcy, if authorized so to do br any order of 
ihe Lord Chancellor, shdl direct ; and if any such assignee shall 
neglect to make such transfer, delivery, or payment, every such 
assignee shall be liable to be charged in the aame manner as is 
provided in cases of neglect by assignees to invest money in the 
purchase of Exchequer Bills when directed so to do : Ftovided 
always, that until assignees shall be chosen by the creditorB of 
each bankmpt such official assignee so to be appointed to act 
with the assignees to be chosen by the creditors shall be enabled 
to act, and shall be deemed to be, to all intents and purposes 
whatsoever, a sole assignee of each bankmpt's estate and effects. 

48. That nothing herein contained shall extend to authorize 
any such official assignee to interfere with the assignees choeea 
by the creditors in the appointment or removal of a solicitor or 
attorney, or in directing the time and manner of effecting any 
sale of the bankrapt's estate or effects. 

49. For filling up vacancies in the number of official assignees. 

50. Offidal assignee invested with the same powers, &c., as 
official assignees under former act, 1 & 2 Will. 4. 

51. That all power, jurisdiction, and authority of tlie com- 
missioners named in any fiat of bankraptcv issued before the 
commencement of this act, to be prosecuted elsewhere than in 
the city of London, shall cease and determine; and that the 
Lord Chancellor shall have power from time to time, by any 
general or other order or orders under his hand, to transfer auid 
remove into the Court of Bankraptcy, or such of the courts 
authorized to act in the prosecution of fiats in bankraptcy by 
rirtne of this act, as he may deem fit, any such fiat, and that 
all further proeeedincs in every such fiat shall be thenceforth 

Erosecuted and carried on in the conrt to which the same shall 
e so transferred, in like manner as if the proceedings under 
such fiat had been originaUy commenced therein by virtue of a 
fiat under the hand of the Lord Chancellor issued pursuant to 
the said recited act, or to this act, save as maybe otiierwlse di- 
rected by this act: Prorided always, that nothing herein con- 
tained riiall render invalid any prooeedinga which asay have 
been had under any fiat in bankraptcy now subristing, or which 
shall have been issued befinre this act shall come into operation, 
or affect or lessen any right, claim, demand, or remedy which 
any person now has thereunder, or upon or sgainst any bank- 
rapt against whom any such fist has or shall have issued, as 
aforesaid, except as herein specially enacted. 

52. That it shall be lawful for the court which shall thence- 
forth act in such fist, at its discretion, to appoint some one of 
the sforesaid official assignees to act with the existing assignees, 
if any, under such fiat, and to direct the existing assignees to 
pay and deliver over to such official assignee sll monies, books, 
papers, and effects whatsoever in their possession or custody as 
such assignees ; and all the real and personal estate of the bank- 
rapt under such fiat shall immediately on such appointment 
vest in such official assignee jointly with the existing assignees, 
if any, in like manner as if the proceedings in the said bank- 
raptcy had originally been comfnenoed by virtue of this act, 
without prejudice to any action or suit commenced or any con. 
tract entered into by the existing-assignees at the time of the 
passing of this act. 

53. That there shall be paid, in like manner, by the official 
assignee of each bankrapt's estate to be administered in the 
country, the like sums as by the said recited act are directed to 
be paid by the official assignee of each bankrapt's estate to be ad- 
ministered in the Court of Bankraptcy; and such sums hereby 
directed to be pud shall be placed by the Accountant in Bank- 
raptcy to the like accounts respectively, and be subject to the 
like orders and directions of the Lord Chancellor, to which the 
said sums mentioned in the said recited act are thereby directed 
to be placed and to be subject respectively. 

54. That in all cases of fists in bankraptcy which, by rirtne 
of the provisions herein contained, shall be removed into the 
Conrt of Bankraptcy, or into any of the courts authorised to 
act in the prosecution of fiats in bankraptcy by virtue of this 
act, and under whidi the choice of assignees shall have taken 
place prior to the commencement of this act, there shall be 
paid, in like manner, by the assignees of every sudi bankrapt's 
estste, on every sitting under such bankraptcy, the like sum as 
by the said recited act is directed to be paid on every sitting in 
cases of commissions of bankrapt which by rirtne of the powers 
therein contained should be removed into the said Court of 
Bankraptcy, and under which the choice of assignees should 
have taken place prior to the commencement of Uie ssid act ; 
and such sum hereby directed to be paid shall be placed by the 
said aocountaAt in bankraptcy to the like aooount, and be soh- 



THE JURIST. 



108 



jecC to liie like orden and TCatrietions, to which the laid ram 
za that hefaalf mentioned in the said recited act ia therebj di- 
lected (D he placed and to he aubject. 

&5. CoBDpensation to anch existing oommiaaionen in the 
GKMmtrjr aa die Lorda of the Treaaniy deem entitled thereto. 

5d. Thai it ahall be lawful for her M^eaty, alter the paaabg 
of ^iB acty by a commisaion or oommiaaiona onder the great 
aol, to appoint aa many peraona aa her Migeaty ahall think fit, 

noft eneeding persona, being aeijeanta or barriatera at 

Uv afoot lea than aeren years' standing at the bar, or of fonr 
years' standing at the bar, baring prerionsly practised aa apecial 
pleaien ftor £ree years below the bar, to be oommisaionera of 
the Court of Baakmptcy, in addition to the present commis- 
sioaen of the said oonrt, to act in the proaecntion of fiata in 
bankiaptey In the oonntry; and that they and their ancoessora 
sha& tdce the like oath before the Lord Chancellor aa is at 
present adnuBisCered to oommissioners of the said ooart, and 
hacvin^ onoe taken the aud oath ahall not be again required to 
take the sbbk; and that any one or more of rach additional 
coauttaoBDers ahaU and may form a District Court of Bank- 
r^tcT far the porpoee of this act; and that every rach court 
ahafl be authorised to act in the proaecution of fiata in bank- 
rapCcy m the country, at such place and in and for such 
iSintit aa her Majesty, with the advice of her privy council, 
afaafl be pleased to direct; and that it ahall be lawful for her 
Majesty, with the advice aforeaaid, to deacribe, and from time 
to time to alter, the limit and extent of every anch district aa 
to her Majesty ahall seem fit: Provided alwaya, that nothing 
herein eonimned ahall prevent the Lord Chancellor, when he 
ihaQ deem it expedient, from directing any fiat in bankruptcy 
to the Court of Bankruptcy. 

57. Her Majesty may appoint anoceaaora to additional oom- 

58. Her Majeaty may appomt additional deputy r^trara 
for the ooontry. 

59. Additional oommisaionera and deputy rq;i8trara to hold 
their offieea during good behaviour, and to be aubject to Uke 
pmilq^ea, prohibitiona, &c., aa the preaent commiwrinnera and 
oepsrt} regntrara. 

60. That from and after the paaaing of thia act the office of 
Chief Jia%e of the Court of Bankruptcy, and the office of one 
of the etiicr judges of the aaid court which ia now held by a 
Materia Ordinary of the High Court of Chancery, ahall be 
and the aasDe are hereby abolished; and that the Court of Re- 
view shall, alter tiie passing of this act, be formed by one judge 
of the Coort of Bankruptcy. 

61. That it shall be lawful for the Lord Chancellor, when- 
ever be dull think fit, to order the court authorised to act in 
the proaecution of any fiat in bankruptcy now iasued or here- 
after to be issued, to hear, determine, and make order in any 
natter in bankruptcy under rach fiat heretofore within the ju- 
risdietioQ of the Court of Review : Provided nevertheless, that 
any such order shall be rabject to be discharged, reversed, or 
aitcred by the Court of Review upon an appeal ; and that any 
eommiasiooer of the Court of Bankruptcy authorized to act in 
the pfoaecatioii of any fiat directed to the Court of Bankruptcy 
dudl be deemed and taken to be a court authorized to act in 
tbe prosecution of rach fiat, and that all matters and duties by 
this act directed or authorized to be done and performed by 
the Court of Bankruptcy shall and may be done fnd performed 
bf any one or more of the commissioners appointed or to be 
aptpoi^ted by Tirtae of the said recited act ; and that every court 
aathoracd to act and acting in the proaecution of any fiat in 
baakiuftef now issued, or hereafter to be iaaued, or in execu- 
tku of aay dnty imposed or to be imposed on rach court by 
this or aay other act hereafter to be in force, shall have, use, 
and cxeraae all the powera, righta, privileges, and incidenta of 
a court of record. 

€2. Hint all affidavita to be made or used in matters of bank- 
ruptcy, or nnder or by virtue of any statute relating to bank- 
rupts or of this act, ahall and may be sworn before the Court 
of Review, or before either of the rabdiviaion courts in bank- 
ruptcy, or any commiaaioner or registrar or deputy registrar 
3f the Court oif Bankruptcy, or Maater in Ordinary or Extra- 
ordinary of the High Court of Chancery, or in Scotland or Ire- 
land before a magistrate of the county, city, town, or place 
where my audi affidavit ahall be awom, or elsewhere before a 
magiatrBte, and atteated by a notary, or before a Britiah minia- 
ler, eonaal, or vice-consul. 

63. That it ahall be lawfol for the aaid several rabdiviaion 
couta, and te wvtt authorised to act in the prosecntion of 



any fiat m bankruptcy, in all mattera within the juriadiction of 
rach respective oourts, to take the whole or any part of the 
evidence either vivft voce on oath, or upon affidavita to be awom 
aa aforeaaid. 

64. That it ahaU be lawfol for the aaid aeveral rabdiviaion 
oouru, and the court authorised to act in the proaecution of 
any fiat in bankruptcy, in all mattera before anch courta reapec- 
tively, to award such ooata aa to such oourta ahall seem fit and 
juat ; and in all oaaea in which ooata ahaU be ao awarded againat 
any person by any rach court it ahall and msj be lawnd for 
rach court to cauae rach ooata to be recovered nom anch per- 
son in the aame manner aa ooata awardedby a ruleof any of the 
superior oourta at Weatminater may be recovered ; and that the 
like remediea may be had upon an order of aoch court for coats 
aa upon a rule of any of the aaid raperior oourta for ooata. 

65. That it shall be lawfol for the commianonera of the 
Court of Bankruptcy authorized to act in the proaeration of 
fiats in bankruptcy in London, or the major part of them, to 
make from time to time, subject to the sanction and confir- 
mation of the Lord Chancellor, general nUea and ordera for 
regulating the forms of proceedings (where not provided for by 
thia act) and the practice to be observed in every court antho* 
rized to act in the proaecution of fiata in bankruptcy : Provided 
alwaya, that every court authorized to act in the prosecution of 
fiata in bankruptcy in the country ahall have a montha' notice 
of rach rule or oider before it ia rabmitted for the aanction of 
the Lord Chancdlor, and shall be at liberty to submit to the 
Lord Chancellor any remarka upon the aubject of anch rule or 
order before he ahall give hia aanction to the aame. 

66. Building for the tranaaction of buaineaa in bankruptcy 
in London ve^ed in the commiaaionera of the Court of Bank- 
ruptcy for the time being appointed under the 1 & 2 W. 4, c« 
56, 1 & 2 G. 4, 0. 115. 

67. Buildmg to be caDed the Court of Bankrupter. 

68. Registrar to enter in books an abatract of all proceed- 
ings filed in the court, in a form to be sanctioned by the com- 
missioners of the Court of Bankruptcy in London, and ap- 
proved by tiie Lord Chancellor, with an alpha b etical index. 

69. Office of clerk of enrolmenta to Court of Bankruptcy, 
on vacancy, aboliahed, and dutiea to be performed by regiatrar 
in Baaioghall-atreet. 

70. Registrar to pay fees for entering fiata, &o., of record 
under the 2 & 3 WiU.4, o. 114, a. 6, into the Bank of Eng- 
land. 

71. Salaries to judge, commiasionera, and other oiBoera of 
the Court of Bankruptcv, to be paid out of the ftmd, intituled 
" The Secretary of Bankrnpta' Account." 

72. Power to Lord Chancellor to order retiring annuitr to 
judge and oommisaionera of the Court of Bankruptcy and their 
racoeaaors. 

73. Proviaion for certain expenaea, and aalary of accountant 
in bankruptcy, and appointment of such additional derka to 
such accountant, and to regiatrar, aa Lord Chancellor may 
think fit. 

74. That every warrant iaaued under the proviaiona of thia 
act by any court authorized to act in the proaecution of fiata 
in bankruptcy, ahall be under the hand and aeal of one of the 
commissioners acting in the prosecution of fiats in bankruptcy 
in such court ; and every rammons issued by any such court 
shall be in writing under the hand of one of auch commia- 
sioners. 

75. That if in any oaae it shall be ahewn by affidavit to the 
aatisfoction of the court authorized to act in the proaecution of 
any fiat in bankruptcy, by which a aummona ahall have been 
israed, that the party to whom auch rammona ia directed ia 
keeping out of the wav, and cannot be personally served with 
such aummona, and that due paina have been taken to eifect 
such perranal aervice, it ahall be lawftd for the court by which 
rach rammona shall have been iasued to order, by indorsement 
upon such summons, that the delivery of a copy of such ram- 
mons to the wife, or servant, or aome adult inmate of the fo- 
mily of the party, at hia uaual place of abode, and explaining 
the purport thereof to anch wife, aervant, or inmate, ahall be 
equivalent to peraonal aervice, and in every anch caae the aer- 
vice of aoch rammons in pursuance of rach order shall be and 
be deemed and taken to bis of the aame force and effect, to all 
intents and purposes, aa if a copy of audi aummona had been 
delivered to the party in peraon. 

76. That any bankrupt or other person, who ahall, upon 
any examination upon oath or affirmation before the court au- 
thorized to act m ttie pcMMstion of any fiat in bankniptcy* or 



104 



THE JURIS Ti 



Is utf 9SMm9% or d apowtiop, or fokun ■ffinBtttkmj anlhor- 
iaed or directed by this or any other act reUting to bankmpti, 
willally and oormptly give ftiae eridenoe, or wilfolly and cor- 
niptly swear or affirm anything which shidl be false, being con- 
▼loted tbeieof, shftU be liabk to the pcnaUiai of wilful and cor- 
nipt peijary. 

77< That all nuns of money forfeited vnder this aet, or by 
tirtqe of any eonviotion for peijury conunitted in any oath 
hereby directed or anthorised, may be sued for by theassigneei 
of the estate and effects of any bankmpt in any of her Majes- 
tr's sttperier ooarts of record } and the money so reoovered (the 
eharges of snit bdng dedncted) shall be dinded amoi^ the 
erBuitors' 

78. That it «haU be Imrfbl for the Lord Chancellor to ap- 
point some fit and proper per80n» such person being a barriater 
of not less than five years standing at the bar, or who shall 
have praetiaed aa a plc«der for not less than five yearsi or who 
shall hAve held the office of regiatrer or deputy registrar of the 
Court of Bankruptey for not less than Arn years, or an admit* 
ted aittomey of one of her Blajesty'a superior courta at West- 
minster, or of her Mijesty's Court of Bankruptcy, in actual 
practice, of not lesi than five years* standing on the rolls of 
ftueh eotlrt or courts^ to be the taung officer of the Court of 
Bankruptey, and to be called the Master of the said court, at 

sueb salary, not exceeding L per annum, aa Ute Lord 

ChanoeUor shall think fit, to be cbafgeable sad charged iqion 
and payable and paid (without any deduction) out of the same 
fund and at tiie same timea aa the salaries of the registrars and 
deputy registrars of the smd court ; and at and when any va- 
cancy shall oocnr in such office the seme shall be supplied by 
the Lord Chancellor, by the appointment of some other fit and 
proper person of like qualificationa as nfoteaaid i and that all 
Dills of fees and disbursements of any solicitor or attorney em- 
ployed under any fiat hi bankruptcy, for business done under 
steh emplovdient, shall be settled by such taxing officer, sub- 
ject to review of one of the comaisiioners of the Court of 
Bankruptcy acting in London as aforesaid i Provided always, 
that so mudi of such bills as contain any charge respecting any 
•etioa at law or suit in equity, shall be settled by the proper 
efieer of tfaft court in which such busineai ahsll have been 
transacted, and the same so settled shall be psid to such soli- 
ctor or attorney. 

79. BiUa of aactioneen, appnUsers» brokers, valuers, and 
aooountanta, to be settled by taxing officer, subject to review 
In the same mahner aa blUa of selioitors and attomiea are 
Mttled. 

80. That upon the taxation by virtue of this act of any bill 
of fees, charges, or disburseraciita, there shall be paid to the 
Master the sum el II., and U. a folio, over and above the aaid 
sum of 1/., for every folio above twenty folios of such bill. 

81. Sums received by the Master to be paid into the Bank 
of England. 

82. The Master to hold his ofl&ce during good behaviour. 

83. In case of sickness or other reasonable cause the duty of 
the Master may be perfortoed by deputy, 

84. Power to Jjord Chancellor to order retiring pension to 
Aeoountant-General of the Court of Bankruptcy, Registrars, 
Master, &c. 

85. Tliat the several courta authorised to act in the prosecu- 
tion of fiats in bankruptcy by the first herein-before recited 
act, or by this act, shall be auxiliary to each other for proof of 
debts, end for the examination of witnesses on oath, or for 
either of auch purposes ; and the court so acting as auxiliary in 
the prosecution of any fiat in bankniptcy in the examination of 
witnesses shall possees the same powers to compel the attend- 
ance of and to examine witnesses, and to enforce both obedience 
to such examination, and the production of books, deeds, pa- 
pers, writings^ and other documents, aa are nossessed by the 
eourt to which such fiat is direeted : Provided always, that all 
such examinations of witnesses shall be taken down in writing, 
and shall be annexed to and form part of the proceedings under 
such fiat ; and that no proof of debts or examinationof witneases 
in the proaecution of any fiat shall be taken by any such auxil- 
iary eourt witliout the permission in writing of the court to 
which such fiat is directed. 

86. Power to Lord Chancellor to authorise any commiS'> 
sioner or deputy registrar of the court in London or other per- 
son duly qualified to act for or in aid of any country commis- 
aioner or deputy registrar, and viae versA, or any country copn- 
misskmer or deputy registoar of one district to act for or in aid 
il any eowfttry eommissittiw or depu^ regietnr of any other 



diatriet, aa may be lequirsd by die fiuctuntiii in th» busin 
or other circumstances. 

87. Travelling expenses, &c. of commisaionon to be paid < 
of '* The Bankiuptcy Fund Account,*' and the amount ther 
to be in the diacretion of the Lord Chancellor. 

88. That the worda and expressions hereiii-aftar mentioni 
which in their ordinary signinoation have n more confined o 
different meaning, shall in this act, exospt where the nature 
the provisUm or the context of the act uhall exclude such cc 
struction, be interpreted aa follows ; that ia to any, the woi 
** Her M^jesbr" shall mean also and include the heirs and n 
oessors of her M^j^sty i and the worda " Lord Chancellor" sh 
mean also and include the Lord Chancellor, Lord Keeper ai 
Lords Commissioners for the custody of the Great Seal of t 
United Kingdom, for the time bein^ ; and tha worda " flat 
Bankruptcy" shall mean also and mclade any commission 
bankrupt t and the word " Month" ahall mean a calend 
month s and the word " Oath" shall include affirmation, whe 
by law such affirmation is reqidred or allovred to be taken i 
place of an oath ; and every word importing the eingular nun 
beronly shall extend and be applied to several personi or thioi 
as well as one person or thing, snd bodies corporate as well i 
individuals i and every word importing the plural number shi 
extend and be applied to one person or thinig aa well as seven 
persons or thinas ( and every word imporang the mascolio 
gender only shall extend and be applied to a female as well i 
a male i and that this act ahaU extend to aliens, denizens, aa 
women, both to make them snbjeet thereto and to entitle then 
to all the beaefita given therebr ; and that thia act ahall notex 
tend either to Scotland or Ireland, except where the same sn 
expressly mentioned ; and that this act shall be construed ii 
the most beneficial manner for promoting the ends hereby m 
tended. 

89. Act may be alteied thia ssaaioa. 

SCHEDULES REFERRED TO BY TttE ACT. 

ScHsnuLB (A*) 

No. 1. 

4ffldamtfor mmmoning a TVader Debtor, 

A. B, of — and C. D. of severally make oath sod 

say, and, first, this deponent A. B. for himself saith, that E. 
F. is justly and truly indebted to this deponent in the ram of 

£ , for, &c. [9iatm§ the naiuri of iht debi wUh eer- 

tamip and fir§ekio»]; nd this deponent further saith, that 
the said £• F., aa this deponent verily believes, ia a trader 
within the meaning of the statutea relating to bankrupts, or 
some or one of them, and resides at ^— i and that an acceimt 
in writing of the particulars of the demand of the said A. B., 
amounting to the said aum of if— ^i with a notice there- 
under written in the form prescribed by the statute in that can 
made and provided, purporting to require immediate pajmot 
of the said debt, is hereunto annexed ; and thia deponent C. D. 

for himself saith, that he did, on the dayof inftant 

lor, hat], pcrsonallv serve the said B. F. with a true copy « 
the said account ana notice. 

No. 2. 
Pariieulart qfDmmid mkd Noiie$ r$pUrmg Papmnt, 

ToE. F. of . 

The foUowing are the partieulanof the demand of the undtf- 

iigned A. B. of against you the said E. F., amoontiogto 

the sum of £~* [/ftre eopy the aecotm/.] 
Take notice that I the said A. B. hereby require immediate 

payment of the said sum of £ • Dated this «f 

of— in the year of our Lord , (Signed) A. B. 

No. 3. 
Summotu ^ TVodsr Debtor* 
Theae are to will and require you to whom this wsrraot » 
directed personally to be and appear before the Court of Buk- 
ruptcy, to be holdeu in Basing)iaU.street in the City of London, 

[or at in the county of "}, on the - — wy oi 

at o'clock; and you are hereby informed that tbe 

purpose for which you are thua summoned to epptarhdore ue 
said court ia to ascertain, in manner and formpiuBcribed byue 



statute in that caae made and provided, whether or not yon ad- 

Mmf fh* Ammt^mw^ ^f A. u ^ . ^ (who cUims of you toe nn 

thersof,or 



tbefB 

,^^ , or whether 

,^ ,««^ «««,« ««,v ,^ «... ^^nkwsa to'the ittd de- 
mand, or to any and what part thereof} and hereof yoa«[«°^. 
to fail at your peril. Given under aif hand the -— «r «> 



mit the demand of A. B. ef * 

of ;£—- for a debt), or any and what part 

you verily believe that you have a good deC 



; your peril. 
>ig the year of Mv Lord- 



(SigBid) J j^r 



tflft JtJRtftt. 



lot 



M TIT - U% 



No. 1. 
Admii9iam qfDtht 0y 7V«J«r Xlf5/or. 
CoQTt of B«nkniptqr» B««DgliiJl»gtreet, LondoB* 

tor, at m Uie ooontf of ], diy ol — , 

WVerm I the imdersi^ed £. P. of am tammoned to 

Hytjar before Oiis hoaOfablA covt far die pnrpoie of itatiog, 
ii iMtar (tfea«ibad by tfao ftaliile te Ihit caaa made and pro- 

^Uri, wMber or not I adaul tha damaiid ol A. B. of 

(vho daima of metbe said E. F. the ram ot£ fbradabt), 

«r aaj and vltaC part th«r«of« or ifbatber I rerily beliere that 
I haaa a food doKoce to the said demand, or to anj and what 
fait tibmoC; be it known, that I the laid £. t. hereby confeao 

tba* 1 aa mdebted to the said A. B. in the laid aam of £ , 

[•r in futUf^ laid mud of 4S , that is to sa^, in the sum 

^£ — .3 

No. 2. 
Jf pas ifi on hf Trader Deitor q^ BeH^ nf ffo^ Amwmr io 
Oiator'a Demand, or tome Pari tkereqf, 
Cflort of Baflfaraptcnr, Basingbali-stfcet, London, [or at 

in the coMly of —J, — day of A. D. . 

& 7. of ^x— being iwomt on the day and year and at the 
ahea afa o aaid ^ upon hit oath, saith, that he ?erily beliefca he 
has a good dcftoee to the demand [or to jf ^*-*t, part of the 

deaand]. baieinafter mentioned of A. B. of who claims 

Ht «be add E. F. the sum of jT , fo^ a debt alleged to be 

ht and owiiy from the said S. F. to the said A. B., aa stated 
■ Ike aflldofit of the said A. B., filed in this honorable court, 
I date the day of — ^« 



1 ^ 



fiOBBntfLB (C.) 

%^^tiibyTVmd^J>eHor9ifned<miqfOatfn. 

i l a ia i gn ed E. P. of do hereby oonlbea, ^t I 

lloA.B«of iathaaiuiof;^ — -. 

(Sknod) B.P. 

Dated this £yof A.D. .. 

Ultav, 6. H., ottomey to the siid D. P., and iabiaribing 
iHMBi tate cteootfam henof at aoi ' 



SCHBOtyLX (D.) 

ilociarollofi qf /iMOlnmey dy leader. 

I fto ottderalgMd E. P. of — « do hereby dedare, that I 
SB naabk to meet my osgagemeiilB^ Dated 1Mb ~----^ay of 
^— in the year of our Lord — — , . (Signed) 

Witaeai, Q. H*, attorney of the Court of » 



E. P. 



%onlHni <!Ba?ettfs« 

TUESDAY, March 22. 

DECLARATIONS OP INSOLVENCY. 

SAMUEL PALMER GLADSTONE, Crisp-st., Ea<t India- 

road. Poplar, ahipwright. 
PRANCIS BARKER, Jan., ChisweH-tt, Rnsbnry, George- 

tatd, Aldermanbury, and Whitecross-st., carman. 
^LUAM FILMERand WILLIAM SMITH GOODING, 

Old Swin Brewery, Osbome-st, Whiteehapel, brewers. 

BANKRUPTS. 

JOHK WILLIAM NEVILL, Bread-il., Chespolde, Man. 

chestor warehonseman, April 1 at 1, and Mar 3 at 11, Conri 

of Baakraptcy: Off. ass. Whitmore; Sol. Heald, Aastin- 

«M.->9l8t dated March 14. 
WILLIAM CANNABEE, Camberwell-green, Camberwell. 

booicscatr and stationer, March 29 at 2, and May B at 12, 

Coort of Baidtniptey : OC ass. Ponndl; Sol. Praser, 2, Por- 

fdrd't.laB.'^PSat dated March 21. 
JAMBS OALB, ten., and JAMES GALE, jon., Lore-lane, 

ShadweQ* rope makers, paint and coloar mannfactnrers, 

Aprils and Mar 3 at 11, Court of Bankruptcy: Off. ass. 

Gibson; Sola. oHfetmrn & Co., PrederickVpl., Old Jewry. 

— Fiit dotod March 12. 
JOSEPH iri^YMAN ARNOLD and WItLtAM HENRY 

WOOLLSn, dement's-Ume, ship and insurance agents, 

April 5 at 12, and May 3 at 1, Court of Bankruptcy: Off. 

ass. Edwarda; SoL Itlgh, 16, Q00tge-lt.yMailSlOA-boiiae.— 

rait cons Jlirai 2 tv 



RICHARD BROWNLOW,White.st., tinabury, itt drMer 
and hot pressor, Aprfl 2 at half-past 11, and May 3 at 11^ 
Court of Bankrupter: Off. ass. Groom; Soli. Lawrence ft 
Blenkarne, Bucklersbory.— Piat dated March 21. 

JOHN EAST, Kingsthorpe, Northamoton, carpenter and 
builder, April 2at9, and May 3 at 11, iWock Inn, North« 
ampton: Sola. Cox & Corser, Da?enbry and Northampton s 
WeOer, 8, Klng's-road, Bedfbrd-row.^Plat dated March 18. 

JOSEPH WOODHEAD, Duckmanton, SutHm cum Duck- 
manton, Derbyshire, cattle dealer, April 1 and May 3 at 12, 
Town- hall, Shefteld: Sols. Cottingham, CheMerileid; Pew ft 
Co., Henrietta-st., Corent-garden.^-Flat dated Peb. 23. 

EDWARD STEELE, Manoheater, grocer and provision deriar, 
April 5 at 1, and May 3 at 2, Commissioners' -rooms, Man- 
dieyter: Sols. Norris, Manchester; Norris ft Co., 18, Bart« 
lett's-bttildhigs, Holbom.---Piat dated March 14. 

EDWARD JOHN KING, Osibrd, and St. ClemeUf «. Ox- 
Ibrdshire, manufiwturer and yender of artificial teeth, March 
31 and May 3 at 11, Three Cups Inn, Oxford: Sob. 
Thompson, Ozibrd; Appleby, 75, Aldermatttmry.-^Piat 
dated March 15. 

JAMES WARRENi Bristol, merofaant, April 8 and May 3 
at 2, Commercial-rooms, Bristol; Sola. W^. ft C. Reran, 
Bristol; White ft Eyre, Bedford-row.— Plat dated Mardi4. 

JEPPERT DANIEL GORELY, Bristol, toyman, April 8 
and May 8 at 1, Coumercial-roomi, Briatd r Sols. Bridget, 
Bristol; W. and C. Beran, Bristol; White ft Eyre, 11, 
Bed^d-row.— Plat dated March 1. 

AMON BUCKLEY, Newton-moor, Cheshire, grocer, cont- 
dealer, and ikrmer, April 1 and May 3 at 2, Commto io ners'* 
rooms, Manchester : Sola. Higginbottolfi, Awtoti-under* 
Lyne; Clarke ft Medcalf, 20, Linoohi's-ifm-field8.^Phit 
dated March 15. 

JOSEPH BARLOW, Litchfield, ironmonger and cutler, April 
3 and May 3 at 11, Old Crown Inn, Uchfleld : Sols. Dyott, 
Lichfield; Haywood ft Bramley, Shefileld; Bigg, South* 
ampton-bidldingB, Chancery-lane. — I^at dated March 11. 

JAMES THORNTON, LeieMter, builder, April 4 and May 
3 at 12, Castle of Leicester, Leicester : Sols. Lawton, hei* 
oesteri Taylor, 14, Jofan-st«, Bedford-row. -« Plat dated 
March 16. 

THOMAS LITTLE, Kingston-upon-Hun, tobacco mandhe- 
turer, April 2 and May 3 at 1, Geoive Inn, King^ton-upon- 
Hull : Sols. Tenney & Sidebottom, Kingston-upon-Hajl.*-* 
Piat dated March 12. 

JOHN LOCKLEY, Bilston, Staffordshire, painter and gla- 
zier, April 13 and May 3 at 11, Swan Hotel, WoWerhamp- 
ton: Sols. Tbeoe, Shrewsbury ; Clarke ft Medcalf, 20, lin- 
coln's-inn-fielda.—Piat dated March 8. 

WILLIAM MORRIS, St. Clears, Carmarthensldre, general 
shopkeeper, April 1 at ), and May 3 at 11, Commercial- 
rooms, Bristol : Sols. Peters, Bristol ; Jones ft Blaxlandi 
Crosby-sq. — Piat dated March 18. 

RICHARD BILL, Birmingham, japanner, Aprfl 1 at 11 , and 
May 3 at 2, Waterloo-rooms, Birmingham: Sob. Baker, 
Birmiuffham ; Newton & Enaor, 14, Sonth-sq., Gray's-inn. 
— PlAt dated March 15. 

JOHN WEBB, Birmingham, tailor and draper, April 2 and 
M^ 3 at 11, Waterkx)-rooms, Birmingham ; Sols. Ingleby 
ft Co., Birmingham ; CrowderftMaynardj Mansion-house- 
place.— Piat dated March 16. 

PRANCIS SANDARS and CHARLES SANDARS. Derby, 
coal-merchants, March 28 and May 3 at 11, Royal Hoto, 
Derby, Sols. Moss, Derby; Adlington ft Co., 1, Bedford- 
row.— Piat dated March 17. 

THOMAS CHARNLEY, jun., Preston, Lancashire, hm- 
keeper, April 13 and May 3 at 11, Town-hall, Preston: 
Sols. Easterby, Preston; Sharp, 11, Staple-inn.— Piat dated 
March 17. 

THOMAS WALKER, Monk Wearmouth Shore, Durham, 
common brewer and merchant, April 1 at 12, and May 3 at 
10, Homer's Hotel, Sunderland : Sola. Brown, Sunderland ; 
Moia, 4, Cloak-lano.'-Piat dated March 14. 

MsnTiKaa. 

ffemy ffoit, High-0t., Peckham, bookseller, April 3 at 2, 
Court of Bankruptcy, last ex.— /o^n Bllieon, Leeds, nail ma-; 
nufacturer, April 15 at 4, Commissioners' -tooms, Leeds, hut 
ex.— D. Batiet, sen., and D. Daviee, jun., GfamclTwedog, 
lianidhMs, M oHt g o fii e r yshlre, fiannel manuftcturera, April 13 
at 12, Oak Inn, Welahpool. bat ex.^Tkoe. TaHeh, r"-^ 



IM 



THE JURIST. 



ham, hatter, April 12 at half-past 1, Court of Baakraptcy, and. 
ac. and fin. di?. — George Bugg, Ezmouth-st., and Wood-st, 
Clerkenwell, carpenter and boUder, April 14 at 12, Court of 
Bankruptcy, and. ac. and div. — Wm. Blotch and Wm. Lam' 
vert, GroTe-pbce, Brompton, printers, April 14 at 1, Court of 
Bankruptcy, aud. ac. and dxY.-^Miehael J}ank$, Hatton-gar- 
dm, carpet warehouseman, April 14 at 2, Court of Bank- 
ruptcy, and. ac. and div. — Robt. Seott, Wm, Fairlie^ and/o«. 
Haret Union-court, London, merchants, April 13 at 1, Court 
of Bankruptcy, aud. ac. — R. Rtchardion, Wobum-buildings, 
New-road, oowkeeper, April 13 at 12, Court of Bankruptqri 
aud. ac. — Tkoe, Morten, sen., HiUingdon, Middlesex, bnuder, 
April 13 at 12, Court of Bankruptcy, aud. ac. — FT. Yewena, 
Gottlden-terrace, Bamsbury-road, Uington, scriyener, April 
16 at 11, Court of Bankruptcy, and. ac. — Galee Atiituon, 
Monk Weannouth Shore, Durham, hardwareman. May 3 at 1, 
Donkin's Bridge Hotel, Bishop Wearmouth, aud. ac.— T. P. 
Peareon, liverpool, grocer, April 13 at 1, Clarendon-rooms, 
Ltrerpool, and. ac. — Thoe. P. Stoket, Dudley, Worcester- 
shire, builder, April 13 at 12, Swan Hotel, WoWerhampton, 
aud. ac.; at 1, fin. di?. — J. K. My ere, Sunderland, Durham, 
Tictualler, April 14 at 11, Bridge Hotiel, Bishop Wearmouth, 
and. ac.---JoAii Setnor, Liverpool, iron-merchant, April 14 
at 2, Clarendon-rooms, Liverpool, aud. ac. — John S. Viret 
and Thoe. R. Kitching, Ludgate-hUl, linen drapers, April 12 
at half-past 11, Court of Bankruptcy, div. — Thoe. R. Dixon 
and Ct^ge Joe, Heekman, George-st., Spitalfields, sugar re- 
finers, April 12 at 1, Court of Bankruptcy, fin. div. sep. est. 
of 7*Ao«. R. J)upon. — Chriet. Jkmmtt, jun., Talbot-inn-yard, 
Southwark, hop and seed merchant, April 7 at 2, Court of 
Bankruptcy, dir. — Hen. Stepheneon, Lombard-street, banker, 
April 12 at 1, Court of Bankruptcy, dir.^Wm. Remington, 
Bowl. Stepheneon, Dot. R. Remington, and Joe. P. TYmlmin, 
Lombard-street, bankers, April 12 at 1, Court of Bankruptcy, 
div. sep. est. of Rowl, Stepheneon. — Aug. Bohti, Sackvillc- 
st., Piccadilly, tailor, April 13 at 1, Court of Bankruptcy, div. 
•—7*. Hill, jun., and Wm. Brookee, St. Mary Axe, merchants, 
April 13 at 2, Court of Bankruptcy, div. sep. est. of T. Hill, 
jun.— Bfly . Paiee, New Windsor, Berkshire, victnaller, April 
13 at 11, Court of Bankruptcy, dvr.—John Parkin, Bdw. B. 
Thomae, and John 2>. Wafford, Fenchnich-st., April 16 at 2, 
Court of BankmptcjTf div. — Wm. Riehardeon, Godstone, Sur- 
rey, innkeeper, Apnl 16 at half-past 12, Court of Bankruptcy, 
div. — Chae. Rich, Brighton,. innkeeper, April 16 at 12, Court 
of Bankruptcy, diT.---JiM. S. Maeeett, Angd-oourt, Throg- 
morton-st., stock broker, April 16 at 1, Court of Bankruptcy, 
dir. — Barthol. Redeem, Birmingham, gunmaker, April 13 
at 11, Waterioo-rooms, Birmingham, and. ac.; at 12, div. — 
Joeiah Cloee, Worcester, glove manufacturer, April 12 at 11, 
Hop Market Inn, Worcester, aud. ac. ; at 12, first and fin. div. 
^-Henrg Carey, Nottingham, and George Daniel Carey, B^^ 
ford, Nottinghamshire, hat-manufacturers, April 13 at 12, 
George the Fourth Inn, Nottingham, aud. ac. ; at 12, div. — 
John Binder, Moulton, near Spalding, Lincolnshire, coal- 
merchant, April 14 at 11, White Hart Inn, Spalding, aud. 
ac. ; at 2, div. — Jpy^mcts Spink, Bridlington, Yorkshire, miller, 
April 15 at 11, Talbot Inn, Scarborough, aud. ac. ; at 12, first 
and fin. div.--Jat. Baetwood, Halifax, Yorkshire, innkeeper, 
April 26 at 10, Old Cock Inn, Halifax, aud. ac. ; at 11, div. 
—Geo. GUlard, Plymouth, Devonshire, tea-dealer. May 3 at 

11, Royal Hotel, Plymouth, aud. ac. ; at 12, first and fin. div. 
^-Jarvie Bainey, Snalding, Lincolnshire, innkeeper, April 14 
at 11, White Hart Inn, Spalding, aud. ac. ; at 1, fin. div. — /. 
Bodgereon, Hylton-ferry, Durham, ship-builder, April 19 at 

12, Donkin's Bridge Inn, Bishop Wearmouth, aud. ac. ; at 1, 
first and fin. div. — Peter Grovee and N. Beard, Boston, Un- 
oolnshire, leather dressers, April 15 at 11) Red Lion Inn, 
Boston, aud. ac. ; at 1, div. — Peter MArdle, Liverpool, vic- 
tualler, April 15 at 1, Clarendon-rooms, Liverpool, div.— J. 
C. Adame, Basinghall-st., woollen warehouseman, April 13 at 
1, Court of Bankruptcy, div. 

Cbrtifioatss to bs allowed, 
Vnleee Came ehown to the contrary, on or before April 12. 

T^lot. Bryan, Leamington Prion, Warwickshire, hotel pro- 
prietor.— fi^/QiAen Saekett Chancellor, jun., Mai^gate, Isle of 
Thanet, Kent, baker.— ^eiify Caulier, Bath, Somersetshire, 
nurseryman. — Wm. ThreUlall, Lancaster, cotton-spinner. — J. 
Fowkee, Beeston, Nottinghamshire, grocer.— /oAn P. Buieeon, 
Brabant-court, Philpot-laoe, merchant. — Henry Wood, Ba- 
Bioghaa-ftreet, Blackwell-haU-fiictor. 



Fiats Enlaegbo. 
Bdmund Wame, Lisle-st., St. Anne, Westminster, carpea- 
ter. — Edmund Manning and Comeliue C. Manning, High-st, 
Aldgate, drapers. — Chae. Caewall, Wobum-plsoe, RnsseU- 
sqnare, lodging-house-keeper. — J. M. Oyfpe, Howland-strset, 
Tottenham-court-road, wine-merchant. 

Fiats Anmullbd. 

Jeeee Sharpley, Coates Grange, Elkington, lincohuhire, 
miller and fkrmer.— /oilii Stevene, James-street, limehoue, 
brick-maker. 

Scotch SBaussTiiATiovs. 

Jamee Hamilton, jun., Stonehonse, victualler. — Alegander 
Young, BroomieUw, Glasgow, wine-merchant. — David Hat- 
eell, Uddingstone, Lanark, founder. — Mrs. Helen MiiekeU, 
St Ninians, Stirling, manufacturer.— Vomet Hoeie, Nitshfll, 
quarrier.— FTiN. BeU, Greenock, ironmonger. — Thoe. Bemn 
dere, Alloa, grain-merchant.— FTo/Zer Xmt, Glasgow, mer< 
chant and manufacturer. 

INSOLVENT DEBTORS. 
Saturday, March 19, 1842. 
The/olhwing Aeeigneee have been appointed. Further Per* 
ticulare may be learned ai the Qfice, in Portugal^t., liih 
coln*e»inn-flelde, on giving the Number qfthe Caee, 
Robert Wileon, Ryhope, near Sunderland, Durham, retired 
officer in the Customs, No. 34,315 C. ; Saml. Sturgis, gentle- 
man, new assignee, instead of Ralph Lowes and Wm. Boyei 
Walker, removed. — leaac Nathan, Queen-street, Hoxton, to- 
bacconist, No. 52,396 T. ; Henry Aston, assignee.— Tft/ZuiM 
Reee, Llynole uchaf, Llanfihangel, Rhosyoom, Carmarthen- 
shire, farmer. No. 58,735 C. ; E. Davies, assignee. 

The/ollowing Prieonere are ordered to be brought tip brfon 
the Court, in Portugal^., on Tueeday, April 12 at 9. 
Solomon Levi Jacobe, Castle-st., Holbom, musician.— fT. 
Franeie L. Weetall, East-st., Red Lion-aquare, out of busi- 
ness. — John M. Cliford, jun., Albany-street, Albany-road, 
Camberwell, plumber. — Herry Davie, Cleyeland-street, Mile- 
end-road, cabriolet proprietor.— Jot. Bueeey, Bear-st., Leioei- 
ter-square, bellhanger. — Ebenexer Creed, Wildemess-nnr, 
St. John-st., Clerkenwell, fishmg tackle maker. — Robt. Stew- 
ard, Wych-st., Strand, licensed victualler. — John Deane,T€i^ 
tenham-oourt-road, tobacoooist.— .Srf. Thomae dark, Hsjei- 
place, lisson-grove, out of busmess. —/ffooc Baker, Toolej- 
street, Southwark, Surrey, out of business. 

A^foumed. 

John Charlee North, Bankside, Southwark, pavior. 

Court'houee, Shbewsbukt, Shropehire, April 14 at 10. 

John Gough, Mantford's-bridge, near Shrewsbury, oot of 
business. — Richard Home, Acton, Regwald-bank, Shawboiy, 
outofbuamess.- 7!fto». Boodle, Grimpo, West Tetton, neir 
Oswestry, fimning bsiliff.— Aeti^m Nickolle, Ketley-brook, 
Wellington, shoemaker.— J^ni. Bueknall, Shrewsbury, hosier. 
—Jamee Lewie, Wellington, plumber. — Brooke Cojt, Msde- 
ley-wood, carpenter. — Bichard Williame, Ashbrook, near 
Church Stretton, carpenter.— ^m. Bate, Rudywood, school- 
mistress. — Charlee Jonee, Oswestry, turner. — Benj. Preeee, 
Red-bridge, carpenter.— /ot. Hartley, LiUeshall, labourer.— 
Saml. Ingle, Old-park, Dawley, bbcksmith.— /oAa Gre», 
Old-park, Dawley, engineer.— Dan/. Halffbrd, Lawley-baok, 
Dawley, miner.— 7*Aos. Dortet, Whitchurch, taaHor.^WUHem 
Thomae, Old-park, Dawley, labourer. 

Insolvent Dbbtors' Dividends. 
Bobert Pickrell, jun., Bell's-buildings, Sslisbury-aqiisKt 
bricklayer, March 26, Whalley'a, Symond's Inn: ieZid.a 
the pound.— Jf. Damee, widow, Ruabon, Denbighshire, pab- 
lic-house-keeper, March 8, Walker's, Chester: 10<f. in die 
pound.— /Somtie/ S. Lynch, Bristol, lieutenant in the 1st Wat 
India regiment, March 21, Jones's, Bristol: U*2d. in the 
pound, «..«.« 

FRIDAY, March 25. 
DECLARATIONS OP INSOLVENCY. 
JOSEPH RADFORD, Appleby, Westmorelsnd, draper. 
WILLIAM JEWELL NETTLETON, West-terrace, Upper 

Grange-road, Bermondsey, com dealer. 1 
WILLIAM PAIN BOTHAMS, Tong, Salop, aaltBter. 



THB JURIST. 



107 



BANKRUPTS. 
DATID MUTT, Stralftwl-graai, Bnez, nerchial, April 8 



6«b. 



Mar • at 11. Cooft orSmkraptext Off. aas. AImmt; 
. QlhwMB & Co., nmlOTiek't-plMM, Old Jewry,— Flat 



li. 

DEANS 6AMU8L WALKER, Omt it. Helens, Loadoa, 
Is4ie iwbber maaii&cterer, April ft el 1, and Mej 6 et 12, 
Cmti ti Baidcniiitey: 09, eae. Grehem: SoU. MeThew flc 
Co.. Cer^-flL, linoolnVliiB.— VIel deled Merck 10. 

CHABLBS GRATDON. 81. AiiB'f-pleoe, limehoiue, ship 
^tadler end timber iD«rckiDt» April 5 el 12, sad VUi 6 et 
11, Cooft of Benkmptcy: Off. 9m. Turqnsnd; Sols. 6ole& 
CcVf itee-etree(-eweie«— Fiat dated Merck 21. 

RICEARO TURYlLL, Kiogston-vpoB-Thenes, Sorrejr, 
Inker, April € et 9 ead Me/ Cet 11, Court of Benkniptcr: 
Off. aee. Laekingtooi Sob. Addis & Gut, Greet QMea.st,, 
WcftBUBster,— Flat dated Mtrck 17. 

FllRS U)WB, Norlej, Chester, shoemekcr, April 6 end 

Mij 6 St I, Clereiidon-rooms, Liverpool : Sols. Nicholion & 

Sqih, Vsrrington; Adlington & CS>., Bedford-row,— Flat 

dUE^MsKliie. 

THOHAS THOMAS, Leintirerdine, Heitfordshira, niiUer 

sadflpni ik^r, April 8 snd May 6 et 11, Anfd Inn, Lad- 

Jep.Sriop: Sole. ColUns, Hereford; Rogcrson, 24, Norfolk- 

^.^ Strand. — Flat dalad Merah 18. 

EDWARD YOUNG, Biidungton, Isle of TlieBet, Kent, bleck- 
mMk^ Apttt 8 end May 8 et 10, London Hotel, Mergate: 



8ale. Bnye ii Son, Meigetei S^w U Co., 88, Sseei-etieet, 
Stnnd.~Fiat deted Feb. 28. 

HUGH WICKHAM, Brietol, linen drener, April 9 end Mey 
6 at 2, Conunefael-roems, Bristol} Sols, John & Daniel, or 
fiaritk, Bristol I Frampton, 2, Soalh-sooaret Gny's-lnn.— 
Flat dated Maiob 1. 

JOHN BENNETT, Menchester, celioo nrinter, April 11 end 
Mn 6 nl 10, Comniisriooers'oTooms, Menchester: Sob. Fox, 
Kooingfaeni; Atkinson & Senaders, Menokeiter; CempbeU 
li Wl^t 10, Eeeex-etreet, Str«nd.-*Fiat dated Merck 1ft. 

RICHARD TURNER, Manchester, floiur desler, April 8 end 
Mb| 8 et 129 CoQimissioners' -rooms, Manchester: Sob. 
Bene&Jni&M Manchester; Bower & Beck, 43, Chaneery- 
kne..— ml dated March 18. 
JOHN CUHARD and JAMBS INGRAM, New Broed-bt, 
BMTriiBnts and comiaisston sgents, April 4 and May 6 at 11, 
Chreodon-roqau, Liverpool: Sols. Hervey ft Fakwn, liver- 
pool: Sberpe & Co., 41, bedford-row.— Fbt dated Merch81. 

W1LI4AM DARLINGTON, Liverpool, winemerahant, April 
& end Mby 6 at 12, Cbrendon-rooms, liverpool: Sob. 
Fbfaer, Liverpool; Vincent k Sherwood, Kii^'s-henck-wk., 
Ttvple.— Flet dated March 22. 

JOHN ALFRED WOOD, Bromigrove, Worcestershire, che- 
mist end dtaniel, AprU IS and May 8 at 11, Cameron's, 
Feleee*yard, woroestan Sol. Herbert, 10, SUpIe-inn, Hol- 
koaa.***Fiaft deled March 18* 

MicTiNae. 
TTai. Peace, Leamington Priors, Warwickshire, builder, 
April 4 et 1, l^nedovme Hotel, Leamington Priors, pr. d.~ 
/m. ffepkme end /. Drewiii, Anmdel, Sussex, benkers, April 
29 at if, Norfolk Anns Hotel, Amndri, pr. d.>-«R. TMweU, 
Maehester, eihreremith, April 22 at 12, Commissioners'-rooms, 
Raachester, pr. d. end ck. ess. — Adolphe Lawrier and Joetph 
Loeft, Wood-street, London, importers of foreign goods, April 
4 H kaif-paat 12, Coart of Benkmptcy, lest ex.— if. Brsyne, 
MacMt., Clapkem-rd. , Surrey, coal merohent, March 29 at 1 , 
Ceaitef BeDkraptcy,]ast ex.<^JS. Stmiiim, Lon^eot, Berkshire, 
sera dealer, April 29 at 11, Red lion Inn, Famngdon, last ex. 
— JUrA Jmem and Jokn O. /nsM, Manchester, t&epers, April 
88 St 10, Comndsskmers' -rooms, Manohester, bst ex.— mn. 
Powetf, Birmineham, biass-foander, April 18 at 1, Waterloo- 
rooeu, BInaSngliam, last ex.— TTm. Horend, Psradise-street, 
Lamketk, 9mn9f, bnilder, April 18 et 11, Court of Benk- 
nptoy, end. ac— Oser^e Potter, Samuel Potter, and John 
Krame, Mandiester, and Birkacre, near Chorley, Lenceshire, 
eafao -p r int e i e, April 18 at 8, Commiesioners' -rooms, Msn- 
diester, and. ac.— Jlolsr< Wall, Great Yarmouth, Norfolk, 
r, April 19 at 8, Duke's Head Inn, Great Yar- 



mouftk, and. ac. ; April 20 at U, dir.— Oeer^e Carep, Not- 
tio^iam, leoe isnufcipturer, April 18 at 11, Qeone the Fourth 
Botel, Nolttal8M»f Md. #o.*-Vt(da^ Sower^y^ Leedii York. 
^Hm^ JkmmA rietaeller, May 13 tt IQ, Coy aMssinniw %roo»s, 
Lse8S| SBM* ae«^w Vai* ATafeny lleywood> new Ewyy l^n* 



eesblre, cotton spinner, April 19 et 1, ffwen Inn, BoUon-le- 
Moors, div. t et 2, eadL ac.— JtoM. JiroMe, BrblDl* engntver, 
April IS et 2, Commerdal-roOBM, Bristol, aod. ac . J mt tee 
Steer, Maidstone, Kent, tsUow-chandler, April 1ft at half-past 
12, Court of Bankruptcy, fin. div.— A/. Bumf St. Helen's, 
plsce, City of X^ndon, merchsnt, April 15 at half-past I, 
Court of Bankruptcy, div. — Henrjf P. Cottherup^ Rochester, 
Kent, dyer, April 15 at 1, Court of Bankruptcy, div.— JoAn 
Parkin, Bdward Reee Thomae, and John Deebrow Wajfori, 
Pendiurch-street, brokers, AprU 1 8 at 2, Court of Benkmptcy, 
fin. div. sep. est. of John Parkin, — John HieAardeon, Half 
Moon-street, PkseadillT,- victualler, April 18 at half-nast 12, 
Court of Bankruptcy, iiy.-^Lewie Ahka LeifiUf Flee{-street, 
bookseller, April 15 et 12, Court of Bankruptcy, div.-^MZcA. 
Spence, Holbeck, Leeds, Yorkshire, ck>tk dresser, AprU 21 et 
1, Commisrioners'-roomSi Leeds, pr. d. and and. ac.; at 2, 
div.— Z>aa/, Matthewe and Anthony Gardner, Cheltenham, 
Gbuoesterddre, grocers, April 19 at 11, Roval Hotd, Chcl- 
teoham, aud. ac. and div.— 117/tam Bird, tex^tam, South- 
ampton, builder, AprU 19 at 12, Red lion Inn, Fsrebanii aud. 
ac. ; at 1, div.— FFm. Nieholl, Warley, Halifiu, Yorkshire, 
worsted spinner, AprU 25 at 12, White Lion Inn, HslUkx, 
sud. ac. I at 1, first and fin. div.— -iZieAd. Oneton, Kingston- 
npon-HuU, sawyer, April 18 at 1, George Inn, Kipgston- 
upon-HuU, end. ac. ; at 2, div. — Wm, Powell, Birmingham, 
brass-founder, April IS at 11, Waterloo-rooms, Birmingham, 
aud. ac. ; at 12, dlT. — Jamee Jamee, Ross* Herefordshire, 
grocer, AjjwillS at U, Beaufort Arms Hotel, Monmouth, aud. 
ac. and div, 

CXATiriCATIS TO BB ALM>W«P 

Unlme Cmee ekewn to the eantmry, en or hefotuJtprU 1ft. 

Henry Wood Prentie, Raybigk, Essex, grooer.— Oaetyteiia 
Qiford, ParsonVgreea, Fiilham,aekoolmistress.<-^feJbiiro/f, 
liresay, Leaoashiia, grocer.— /ss. Rokerteham and John Rm- 
thetfard, Oxfordot., hosiers.— #Wi# Wood, AlUnson-plaee, 
Brixton, Snrrey, com and eoel-dasler. 
Fiat Amkullxd. 

7^o». BerHman, Pieckham-grove, and Montague-cottage, 
Southampton-st., CamberweU, Surrey, bulkier. 
PAmTMSESHiP Die8oi.Tnn. 

Henry Li$ty anA Frederick ffarrieon, attemies, solidton, 
and conveyancers. 

Scotch SBauxsTmATioKS, 

John Murdoeh, deceased, Forres, Moray or Elgin, corn- 
dealer. — J%onuu Maxwell, Glasgow, victualler.— FTai. jBaird, 
Glesgow, grain merchant.— liofterl Martin, Bumbank-plaoe^ 
near Airdrie, wood merchant— Walter Buchanan and Cmh- 
pany, Bbckland-mill, printers. — /oAn Drttrnmond, Hosh Db- 
tiUery, near Crieff, dbtiller.^-ZHmcea Maemilian, Broomie- 
bw, Glasgow, block msker.- Erie Bdward, Edinburgh, vic- 
tual deeler.— JbAn Bueeell, Glasgow, merchant. 

INSOLVENT DEBTORS. 

The followiny Prieonere are ordered to he hrouyhi before the 

Ckmrt, inPortugal-et,, on Friday, April 1ft .— 

John Holcrqft, liverpool-st., Bishopsgate-et, j^umber*'*- 
Jamee Bdwarde, Famham, farmer. — /. X. IFerl, Totteabem- 
oourt-roed, out of business.— J. Buee, Adem-st, Portman»sa*, 
out of business.— /oAn ^//ride, Albemarle-st, ClerkenweU, 
coffee-shopkeeper.— FKm. H, Chhmer, Norwood-^green, neer 
Sonthall, clerk in the War Office.— Henry Mawhood, St. 
George's-terrace, Kennington-st., Wslworth, fancy box maker. 
^Jamee iMoer, Batty.st., CommercisL>road East> ornamental 
painter.— fsMumtie/ jRo^t/terd, Greek-st., Soho-si}., teacher 
of the French language.- H. Jewell, Elisabeth-place, Queen- 
st., Pimlico, carpenter.— TTm. Caelaie, Canterbury-place, Old 
Kent-road, coach builder. 

AprU 18, at the eame hour and place, 

Chae. Shanktter, jun.. Chapel-place, Vere-st., Oxford-sL, 
out of business.— /eAn /. Norrie, Brunswick -terrece, Com- 
mercial»road East, com chandler.— IF. Harkneu, Addle-st., 
Cheepside, lodging-housekeeper.^- ITet. Olliver, Doraet-st., 
Clapham-road, stamper in the Stamp Office, Somerset-house. 
— Henry Qilee, Bat^-st., Commercial-road East, carpenter. 
— AreA. Barker, Hereford-place, Commerdal-road East, gun 
maker.— IPm. D. Eee», CaroUne-st., Camden-town, commis- 
sion sffcnt.- i^onte/ Dome, LittbChesterfield-st.» St. Meryb- 
bone, tallow ehandbr.—7oAn M'Lean, Fetter-lane, Fleet-st., 
taUor.— /. Blakehy, Regent-st., Horseferry.roed, shoemaker. 



108 



THE JURIST. 



» 



Cburl-AoKfff , Olobukt, Skropthire, April 16 ai 10. 
T%oma» T%oma9, Dadle^f 'Woroestenhire, Tictaaller.— /of . 
Banutt, West Bromwich, buflder. 

CN^/-^b«ft» BlRMIN0HAK,ilflH/18 at 10. 

Morrii Itdberti, Binningham, be&DIM manofiBtctarer. — Wm. 
CurjOHf BinniTigham, pUier. — Choi, Paget t, Birmingham, 
bntcher.— Jomfff Bedworth, Birmingham, general carrier. — 
F, Bedworth, Birmingham, oat of bosineas. — Edw. Robbuu, 
Birmingham, foonder. — Jamee Atten, Birmingham, out of ba- 
siness. — Wm, Hnghee, Birmingham, milkman.— Jot. Jfore- 
ton, Birmingham, cordwainer. — John SnuUiman, King's Nor- 
ton, WoroestersMre, cordwainer. — Wm. Stannah, Birming- 
ham, baker. — AaronNieklin, Walsall, Staffordshire, Tietnaller. 
— John Hutbardf Birmingham, carpenter. — Thomas Yallop, 
Birmingham, horse breaker. — T. Steel, Birmingham, brewer. 
— Bfiy*. BBWngton, Burmingham, tool maker.-^/. Breeinell, 
Birmingham, provinon dealer. — Wm» Bobineon, Birmingham, 
butcher.-Vof. l%omp9on, sen., Birmingham, ont of busmess. 
— ^Wd. Penton, Birmingham, seal stone engrsTer. — George 
Davie, Birmingham, batcher. — Thoe. Pugh, Birmingham, tool 
maker.— Jteet Meei, Birmingham, batcher. — Jist. Hemue, 
Birmingham, batcher. — Wm, Stanley, Aston nigh Birming- 
ham, ooal dealer.—/. H, AUard, Birmingham, boilder.— /o«. 
Coaiee, Birmingham, heavy steel tag maker. — John Froet, 
Birmin^uun, eating hoase keeper. — DanielJDuffield, Birming- 
ham, brewer. — Wm. Gell, Birmingham, derk to the Canal 
Company. — T, G, Zoueh, Birmingham, yictoaller.— SlsiHve/ 
Piper, Birmingham, bricklayer.-Vo«. Knight, Birmingham, 
packing case maker. — Thoe. Smith, Birmingham, bailder. — 
Wm. Mortimer, Birmingham, cabinet maker. — Geo. Hem- 
ming, Birmingham, Tictaidier.---/amM Archer, Walsall, Staf- 
IbrcUhire, cabinet lock maker. — Charhe Archer, Walsall, 
Staffordshire, cabinet maker.— JaniM Haden, Birmingham, 
timber dealer.— -jBAm Jonee, Birmingham, brash maker.— 
Henry Come, Birmingham, shoe maker. — B. Wathew, Aston 
joxta Binningham, mUkman. — Felix Jonee, Bilston, Stafford- 
shire, oat of business.- FTm. JIform, Aston joxta Birming- 
ham, carpenter.-^oAn JZote, Birmingham, plater. 

Insolybnt Dbbtohb' DnriDBNDS. 

WUliam SomenriUe, Deptford, lieatenant in her Migesty's 
iKOj, March 29, Fkine's, Deptford : he, Sd. in the poond (m 
addition to \0e. by former dindends.— ^anctf Cremer, Nor- 
wich, com merchant, March 30, Jay's, Norwich : le. Zd. in 
the poond. — George Cole, Hillingdon, near West Drayton, 
innkeeper, March 28, Riches & Woodbridge, Uzbridge : U, 5tf. 
in the pound. 

Mbbtino. 

Jamee Allen, Strand, grocer, April 11 at 12, Crew's, Essex- 
st, Strsnd, sp. affairs. 



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It mi* 



No. 273. 



LONDON, APRIL 2, 1842. 



Price 1#. 



V fkfiOowmif Oft the Namet of the GetOlmm who fawmrTBX Jin^ 

decided im the several CkmU of Law and Equity :'^ 



n_^,jij^. /E. T. Hood, Eiq. of the Inner 

"^"^^^ \ Temple, BMTister It Law. 



if^r..^ /Tenisok Sdwards, Em. of the 

Z**^^'*** \ Inner Temple^Barriiter at Law. 

HouiflfteBant Elee- PA. Y. KimwAN, Eaq. of Gray'a 

tioi Cgnuttees \ Inn, Barriater at Law. 

Ik Lord ChanoeQor'a fB. T. Hoon, Eiq. of Oie Inner 
Coiit \ Temple, Barrister at Law. 

««ir«uDjMiii»\^oim^ Temple, Barrister at Law. 
^Nx-CkDodlor of Eng- fTxNisoir Edwards, Esq. of the 

kafiCout \ Inner Temple, Barrister at Law. 

VieeXliBnodlor Bmce's / W. W. Coopxn, Esq. of the Inner 

Coort \ Temple, Barrister at Law. 

Tiee-ChmodlorWigraiii's fE. J. BxYin, Esq. of Lincoln's 

Coort \ Inn, Barrister at Law. 



Govt of Qnam's Bendi- 



E. Kbmpsok, Esq. of the Middle 

Temple; and 
G. J. P. Smith, Esq. of tiie Inner 

Temple, Barristers at Law. 

sBcnchBailCo«rt{^-J' Ki»wan, Es^. of Gray's 



{ 



Inn, Barrister at Law. 



Eodenastical and Admi- fRoBEnr Phillimorx, Adrocato 
rattj Courts \ in Dootors' Commons. 

f^^^^n^^m^ J^' FisHBR, IBaq. of Lincoln's 

Courtof Renew j Inn, Barrister^* Law. 



LONDON, APRIL 2, 1842. 

AKCMDmendation is made in the conclndlng passage 
of&IH^Uet, noticed in another part of this jonmal, 
v^ teres, in the present juncture of public afFaiis, 
the mm attention of a personage bearing a judicial 
^ Iboogh denuded, except as a fiction of the law, of 
jnfioal functions; we mean the Chancellor of the £x- 
cli«qiier. Mr. Miller proposes, that the Legislature should 
proride fat the complete dficacj of equitable mort- 
P^ by deposit of title deeds; but he proposes at the 
sane time, that they should be deprived of that which 
vebeliere constitutes their principal charm, the firee- 
dom from stamp duty. That this proposition might be 
^ttble in the eye of the functionary to whom we 
We aUuded, is highly probable ; but, whether it would 
^ &Tor whh the bankers and merchants and traders, 
vbomost deal with equitable mortgages, is quite an- 
other pestion ; and whether, in the result such a mea- 
RR would be the cradle of a growing revenue, or the 
gnre of equitable mortgages, is, also, a fitting question 
for caxioiu speculation. That money to an enormous 
«3eM u oonstantly outstanding on the security of a 
mere deposit of deeds, is, we believe, not to be contested. 
And th^ in the state in which the law was supposed 
to be before the dictum in Whitwofih v. Oiwgaik^ it 
ns aa extmnely oouTenient and popular mode of giv- 
ing iDd taking security, is not less incontestable ; that 
\ while it was supposed that a deposit of deeds was a 
tM ncurity ; and whUe it required neither the trouble 
rfinnstigating a title, nor the expense of any kind of 
stamped instrument, it was thought much of by the 
'ra^ community. 

^ Ateietedly, however, we do not see what b the 
pwticalar advantage of that mode of security. If the 
^^ of tbose whose commercial dealings lead them to 
■Jncttbeuse of equitable mortgages, had been merely 
wMpidity with which they can be given for the pur- 



pose of raising and securing money, it is quite plain, 
that it would have been always needless for a lender to 
remun exposed to the legal inconveniences attaching on 
a mere equitable mortgage. Nothing could have been 
easier and simpler than for the borrower to execute a 
short legal conveyance, which, though inferior, in re- 
gard to its want of formality, to a properly drawn con- 
veyance, would have been, at least, as good as a deposit 
for all the purposes for which a deposit was good ; and 
would have been better, in so for as it was a legal 
transfer. 

Blank forms for such short deeds^ contuning merely 
words of conveyance and a covenant for tiUe, might 
have been prepared under advice, and kept by bankers 
and other traders in the habit of requiring suddenly 
to raise money; and, so far as mere rapidity is con- 
cerned, a legal mortgage might have been created with 
as much rapidity as an equitable one. The observa- 
tion of a learned and eminent Judge, ** that it may 
frequentiy be necessary to raise money on a sudden be- 
fore an opportunity can be afforded of investigating 
the titie-deeds and preparing the mortgage,*' {Kt^fs v. 
WUUamty 3 You. & C. ^\ has, we submit no special 
applicability to mortgages by deposit, and would be 
met as well by a short legal conveyance, such as we 
have alluded to, as by an equitable deposit ; for it is not 
the form of the conveyance or transfer of the interest in 
the estate, that renders the investigation of titie requi- 
site ; that investigation has, in general, nothing to do 
with the question how the estate is to be transferred, 
but only vdth the question what is the estate, or whe- 
ther there is any estate that can be transfnred*.! Sud- 
den advances on deposits of deeds can obviously^ only 
obtained where the lender trusts the borrower, jind has 
some knowledge of the fiict, that he has an estate such 
as is purported to be represented by the deed^brm^t 
to him. Why, then, should his confidence l|9 dhmti- 
iihed because the boxxower, instead of merelyJui^^gbig 



110 



THB JURIST. 



the deeds and sajiBg, ^Iheie )u« the lilie-deedi of my 
estate at A./' 1>ring8 ftlso a shOii oonyeyaxite ready 
drawn or printed, and executes it ! The title wo«ld not, 
in either case, beexammed; and every ground of Direc- 
tion on that 8cot% is as applicable to the one case as to the 
other. There h somethings it b trae^ in the secrecy of 
equitable mortgages t^hich has a Teal or supposed ad- 
vantage to tnders; but ^^taoy it Is t)byiousy cannot t;o- 
etttst wtth B^ efficient provision ton makilig d^poiitd 
a quatill legal Becuiityy masmuch as socii provisions vait^ 
not be effected >nri&otit some mode ox {^t^serv^g a 
record of the mortgage transaction. 

We are fotted ^QmH Io cMoe back to the condnsion, 
.thai the pnly substtotial grouM «b whM fei pfeitntiee 
for aqniiaVk Mortgages «at& b^ sustained, is the absence 
of stamp du<^ ; and^ if wo reoollecty that, for sums from 
50L to fiOOl.9 the avenge «tam)> dttty Is 17. ^. percent; 
and thati for sums from 500/. to 20,000/,, the average 
8taBi|> dii^ is IQi, pcfT oenti^ t( ^nSl Mt ^seetn woti'> 
derfal that there should be a preference for a mode of 
security of such superior economy^ 

The question, however, as to rendering equitable 
mortgages efficient by legifdative enactmenti as against 
all subsequent incumbrance^ legal or otherwise, appears 
to us, not flo much whether equitable miiitgages shsUi 
l^y beiag soprotectedt continue |o be resorted to as they 
now are: but which of the two modes of security, equi- 
table or legal incwtihraaces^ shall li^e forced out of gene- 
ral use. For if equitable mortgages are endowed with 
aU the seeurity of Hgal mortgages» and continue un- 
chargeable wil^ stamp duty, it is plain that they will, 
to a very .great -extent, if not wholly, supersede legal 
mortgages and other legal incumbrances. If, on the 
other hand, they are endowed with such security, and 
made liable to the ad valorem duty, then, we appre- 
hend, that the principal ^[rounds of their popularity, 
viz. &eir secrecy and economy, being withdrawB| th^ 
will not be much resorted to. 

That it is desir&1i)le, however, that something should 
be done, in the way of settling the Law on this sulgect, 
cannot be doubted ; fox, «t present^ it seems conceded, 
first, thai an equitable mortgage hy deposit is clearly 
not good against a subsequent conveyance of the legal 
estate; and^ secondly, that it is doubtfol whether it is 
good against a subsequent jiidgment creditor proceeding 
under his judgment. The result i^ that it is difficult 
to say when im equitable mortgage is worth anything 
at aA as « security, except in the single excepted case 
of there being no subsequent deating at all with the 
mortgaged property. This is clearly a state of the 
Law which must» if preserved, altogether drive equi- 
table mortg^es out of use. 
♦ 

Ws have received-several communications on the sub- 
ject of the annual duty paid by solicitors for the certi- 
ficate necessary to authorize tiiem to practise. The im- 
position of this duty has always been felt by the profes- 
sion as a grievance. To those who are at the head of 
their profession, it must be admitted, the grievance is 
merely imaginary; but the number of these is veiy 
small ; and not only to the young practitioner, but to 
the great body of practitioners, whether youj^ or old, 
it has been and is a praeticfliUy and heavilvTelt tax. 
We know that the lait^liave extr^c^dinapjy cxq^* 
2 



rated notiona of the gains of lawyers. To them a law- 
yer is DOW what a nabob was a century ago ; they think 
him a being who finds gold grow under his feet; and 
they make their sons lawyers with an idea, that, being 
lawyer^ tliey must become rich men. Of the &lkcy 
of these lay dreams, the profession are but too weU 
aware. It has been asserted, and we believe the asser- 
Hob 16 be V«ry near the truth, that the average gains of 
Muntl^ loUcltofs do not exceed 200^. a jem; snd those 
of London pnctittoners axe not much h^^her. It U wdl 
known, indeed, that now, few young men commeacing 
practice, can hope to exist for the first four or hve yean 
of their oareer, by their professional labom. If thtf 
have not independent toeans of support, they are aoon 
sqoea^ out of the ovvrd; and the number of attQ^ 
Hies w^kly fneveasiag the kngth of the iBsoIveat iitt, 
is a mekHMholy pMof eC the fact It fs not neoettaiy 
fef us si present to ^eniter into the rcfnMie and proxiniate 
causes of this state of things. We merely assert tkt 
it exists; and we are satisfied that tlM prefessisD will 
almost unanimous^ bear witness to the trath of tbe » 
•ertion^ Such, tiun, being the feet as «^|Wds the state 
of iba piofessuiiH it hedomes a auHler oif asriomoM- 
siderstton, when they are caUed upon to bear, wHh the 
vest of their fellow citizens, such additional direct im- 
posts as ihe wisdom of Parliament may tbmk fit to 
lay on the conmnnity at huge, whether the time has 
not arrived when they oi^ht to unite in raisiDg the 

Juestion^ whether there is any ^Mcial reason why iher 
liould not only eo bear their shore of the general tax- 
atacNQ, hut continue^ at the same time^ to be subjected to 
a special impost, amounting of itself, as regards by hr 
the greater number of practising soliciton^ to a direct 
income tax, ranging between 31, and 4/. per cent. We 
are informed, that steps are being taken to bring this 
question before the legislature. We trust that such is 
the feet ; and that the men in great husinesa^ these who, 
net pmctioally feeling the certificate tax, cannot have 
their motives misconstrued, will take the lead in en- 
dcavotirhig to obtain for their less fortunate brethren, 
a remission which is necessary, in order to put solicitors 
on m equality in poilit of burdiens i^th men in ctiier 

PVOwSBlOIIS* 

The fiotion, that the wapositioii of ai^edal boiijf 
of this kind has any thii^ to do with the xe9pectabili|)' 
of the practitioner, i& of course, in the present dny,<h- 
Burd. The tespectabllity of the body of solicitors de- 
pends on 'hit other eonstdenil^oiis than the payment of 
wnae 91. or Id/, per smmim. It-depends on the grtm 
attention whaoh is paid to the eduositioB of young vm 
destined for the profeesioi^ and the .mater estiaitioo 
in society in which those who honorrf)ly falfil tbeir »• 
sponsible duties are held. The certificate du^, vhal- 
erer it may have been, is now, and has for ma^y ▼«"?» 



been « fisoal duty, and nothing more. And the wnoie 
qaestionisy therefore, whtitfaer ^tiien is any gottif^ 
why a solicitor should nay 67. or 7^ per cent, ott »»«; 
come, towards the pubue burthens^ when men m e»«} 
other profession and trade pay but 3/.; or, to V^ 
with tfte accuracy of a premier, 2.917/. 

Mastbks ih CBANCBRy.-^The following gcnjleinj^ 
have been appointed Masters Ertraordinaiy jn ni 
High CSonrt<rfChanceiy:.-^yei»Tmiier,ofCo!ch«rter; 

Bssex; James Peane. of SootfamoHon, I^SSSc 
John Pearse, of Hatherleigh, Devonshire; J**^. 
WiUis, of Leighton BuaaardTBedfoidflhiwi ^okn^ 
Aington, jua, of Braiuti^ JE^sex* 



THE JURIST. 



Ill 



CORRECT MODE OF DESCRIBING A 
STATUTE. 

Before the stat. 33 Geo. 3, c. 13, an act of parliament 
(in tlie iJisence of any special direction to the contrary) 
was consideied to have passed, and its operation to have 
oommenoed, on the first day of the session. Since that 
statnte, the commencement of the act (except where 
ancther period of commencement is therein provided) 
dates &om the day on which it received the royal as- 
sent; and that day is directed to he indorsed on every 
act immediately auer the title, and to he considered as 
part of the act. 

This alteration in the law occasioned a corresponding 
change in the correct mode of describing or reciting a 
statute. A statute, passed previously to the act of Geo. 3, 
may he correctlY described as of the year in which the 
6e«0Q Vgan, tnongh the session extended into another 
year of me reign, and the statute was, in fact, passed 
in this sabaequent ^ear ; and it is, in the latter case, in- 
caned to deacribe it as of the year in which it actually 
passed. For instance, the statutes passed in the first ses- 
son of pariiament in the reign of James 1, are written in 
the statate book under the year secundo (vulgo primo). 
It appears that the parliament was begun and holden on 
the idth March, in the first year of uie King's reign; 
that was, within a few days of the end of the first year, 
Qneen EHizabeth having died on the 24th March pre- 
ceding ; and it also appears, that it was continued un- 
til the 7th July, 1604, and then prorogued until the 
7th February following; both which latter dates were 
dearly in the second year; and it was, therefore, ob- 
jecteo, that the statute ou^ht to have been described as 
of the second year. But it was contended, at the bar, 
Vy Mr. Abbott, and the court adopted his aigument in 
ttim judgment, that, as it appearea that the parliament 
wi»lwgfm in the first year of the King, and as there 
was n^hing to denote the precise day on which the 
statote passed, whether before or after the adjournment 
or prorogation, the rule of law must apply, that aU 
enactments relate to the first day of holding the par- 
liament; and, therefore, the statute was properly de- 
scribed as of the first year. {Bryant v. JritherSy 2 M. 
& S. 123). , 

In the same way, it has been held, {Rumsey v. Tuff- 
ndl^ 9 Moo. 425 ; 2 Bing. 255), that the statutes printed 
in the statute book as of the 29 Eliz., ought to be 
pleaded as of the 28th year of her reign; for there 
was no parliament roll for the former year ; and although 
the paniaraent was adjourned, still it had relation back 
to the first day of the session, which, in this instance, 
commenced on the 29th October, in the 28 Eliz. 

On the other hand, statutes passed since the act of 
Geo. 3, being referred to the date of the royal assent as 
the period of their commencement, may be correctly 
described as of the year when they received the royal 
assent, though the session in which they passed extend- 
ed from that year into another; and if the royal assent 
was g^ven in the latter of the two years, it would be in- 
accurate to describe them as of the former year alone. 
Thos, the Copyhold Commutation Act, 4 & 5 Vict. c. 35, 
appeals to he improperly described in some of the forms 
toat it provides, as an act passed in the fourth year of 
the reign ; the royal assent having been given to it on 
the 21st January, 1841, the second •day of the fifth year. 
On the other hand, the act relating to the qualification 
of members of parliament (1 & 2 Vict, c.48; royal as- 
sent July 27, 1838) is correctly mentioned, in the form 
of declaration therein prescribed, as an act passed in the 
Bccond year of the reign. 

And in either case, whether the statute was passed 
before or since the act of Geo. 3, it is, in pleading, fatal, 
and in any kind of document inaccurate, to describe a 
statute as passed in two years of a reign, though the 
Eessbn of parliament in which it was passed extended 
from the one year into the other. 
3 



Tims, "it hath been adjudged," says Hawkins, 
** that, in an indictment, a repugnancy in setting forth 
the time when a parliament was holden, is &tal ; as, if 
a statute be recited as made on such a day in the firat 
and second years of such a king, for, it is impossible, 
that one and the same day ^ould be in two years. 
{Langl^ v. Haynes^ Moore, 302; Hawk. P. C, h. 2, 
c. 25, s. 104). Again, in NuU v. Stedman^ (Fort 372), 
it was held, that a statute ought not to be pleaded as 
made in the 8th and 9th years of the reign of WOl. 3, 
but that it ought to be pleaded of the 8Ui year, when 
the session began ; for, in law, an act cannot he made in 
two years, and though so mentioned in the statute book, 
it cannot be good. So, likewise, in a case since the act 
of Geo. 3, (jS. v. Biers, 1 Adol. & Ell. 377; 3 Nev, & 
M. 475), it was objected, that the indictment was bad, 
inasmuch as it alleged, that the defendants, well know* 
ing that the prosecutors were liable to such penalties as 
should be incuired by the driver of their carriage, un- 
der an act passed " in the second and third years of the 
reign of his present Majesty," conspired, &c. The foiii 
of conviction, given in a scnedule to the act in question, 
(printed as 2 & 3 Will. 4, c. 120), speaks of it as an act 
" passed in the third year," &c. But an act of the 3 & 4 
Will. 4, c. 48, for amending the act in question, recites 
it, in the preamble, as an act, ** passed in the second and 
third years of the reign of his present Majesty;" and 
that, it was contended, was a sufficient warrant for the 
mode of description used in the indictment. The court, 
however, held, that the objection to the indictment was 
good, on the authority of Langl^ v. Haynes, followed 
up by the decision in Nutt v. Stedman, And in a veiy 
recent case, where the declaration described the act for 
abolishing arrest on mesne process in civil actions, as 
'* an act made and passed in the first and second years 
of the reign of her Majesty Queen Victoria, intituled, 
&c.," it was held, that this description of the statute 
was incorrect, and constituted a vanance that was fatal, 
{Gihl^ V. Pikey 8 Mee. & W. 223), « it being clearly in- 
accurate," said Mr. Baron Parke, ^' to state the statute 
to have passed in two years, because all acts take effect 
from the time of receiving the royal assent^ unless other- 
wise provided for." 

But, in all cases where the session extended from one 
year into another, whether the statute was passed before 
or after the act of Geo. 3, and whether it was passed in 
the first or the second of the two years, the most safe 
and accurate method, and that prescribed by the court 
in the cases both of B. v. Biers and OMs v. Pike, is, to 
describe it as '* passed in the session of parliament held" 
in those years; for this, it is evident, will prevent the 
possibility of any exception being taken to the corrects 
ness of the statement, or of any confusion with the acts 
of another session. Thb mode of statement is followed 
in the act for the further amendment of the law, 3 & 4 
Will. 4, c. 42, (an act, whose authorship is attributed to 
one of the most distinguished ornaments of the bench), 
which, in s. 16, refers to '^ the statute passed in the ses- 
sion of parliament held in the eighth and ninth years of 
the reign of King William the Third, intituled, &c." 

There is, however, a peculiar exception to these rules, 
deserving of notice, tbiat came under consideration in 
the case of Rann v. Green, (Cowp. 474). The declara- 
tion described a statute on which the action was brought 
to be a statute of the 4th of Philip & Mary, whereas, 
the record, when produced in evidence, appeared to be 
of the 4th & 5th of Philip & Mary. It was contended, 
that the former was the true description of the statute; 
it being made in the fourth year of their j<nnt reign. 
Lord Mansfield said : '* It is impossible to get over this 
objection. The only question is, whether this is a va- 
riance in the description of the material ground of 
action ? In some reigns, as in Car. 2 and Geo. 2, it 
happens, that the parliament meets in one year of the 
reign, and continues during part of the next year. In 



U3 



THK JURIST. 



that case, the method is to intitle the acts passed of 
hoih years. Bat, in point of law, acts of parliament, 
lehicn do not, in words, confine the commencement to a 
particular day, or where the commencement does not 
appear from the subject-matter, refer to the first day of 
the session: and, therefore, supposing tliis to be an act 
(yf the 4th 8c 5th of Philip & Maiy, according to such 
jaethodj it would, in trutn, be a statute of the 4th, and 
ought tp be so set fi)rth. But, in this case, it is difi^er- 
en£ F^^7> ^7 ^^^ of parliament, has tb^ stile of King. 
But his bemg so intitled does not annihilate the first 
year of the reign of Queen Ma^. Therefore, from that 
time, the statutes are intitled the Ist & 2nd, the 2nd & 
drd of Philip & Maiy, and so on ; that is, the Ist of 
I'hilip Q^d 2nd of Mary, &:c. Here the declaration de- 
pcribes the statute to be of the fourth of Philip & Mary. 
Upon the parliament roll bein^ produced* it appears to 
l>e aa act passed in the 4th & 6th of Pnilip (k Mary. 
7he statute, therefore, described in the declaration, is 
different from the statute produced ; and, in fiu^t, there 
is xio act in the statute book of the 4m of Philip & 



lie decisions we have been considering have all 
takou place on matters of pleading; and though there 
may not be the same motives for exacting the observ- 
ance of this scrupulous correctness in other documents, 
ibr example, in those that occupy the attention of 
the conveyancing draftsman^ as the same fatal conse- 
quences are not nsked; yet, even there, the nicest ac- 
curacy and propriety of yerbal details mkht be advan- 
tageously studied, by fbllowing the method of describing 
a statute recommended in R, v. Biers, wherever it may 
be consistent with the desirable perspicuity and terse- 
ness of expression. In the conveyance by release^ in- 
deed, the inconvenience of lengthening the parenthetical 
mention of the statute 4 & 5 vict. c. 21, interposed be- 
tween the nominative and the verb in the operative part 
of the deed, would seem to present a sufficient reason 
for adhering to the usual form of referring to it as " An 
Act passed m the fourth year of the reign of her present 
Majesty. &c. :'* since, as we have seen, that mode of 
staung it, (the act having received the royid assent on 
the 18xh May, 1841), seems to be fully warranted, even 
on the strict nrinciples of pleading, by the authorities 
to which we nave called our readers' attention. 

In the case, however, of statutes which received the 
Toyal assent in the latter of two years in which the 
{session was holden, convenience requires that they should 
be described as of both years, in order to distinguish them 
from statutes in a subsequent session commencing or 
held in the same year ; and, consequently, that the me^ 
thod should be adopted of stating them as statutes 
^ passed in the session of pariiament, held in the th 
and tb years of the reign, &o." 

The plan of describing the statutes passed in the first 
of the two years in which the session was held, as sta- 
tutes of that first year done, and those passed in the se- 
cond year, as statutes of both years, has also this ad- 
vantage — that it agrees with the mode adopted by the 
Queen's printer in the copies printed by him. And this 
authority has been referred to, as at least presumptive 
evidence of the authentic text of the title of a modem 
statute in the case of Re^ v. Bameti, (3 Camp. 345), 
where the title of a statute, (one in the 6th year of 
Elizabeth), in tlie copy of the act lately printea by the 
Kin^s printer, being different to that in Ruffhead's 
edition of the statutes. Lord Ellenborough said, that, in 
the case of a recent statute, he should have acted upon 
the copy printed by the King's printer; but, with re- 
l^u;^ to a statute of Queen Elizabeth, he should con- 
»der Ruffhead to be correct, till the contrary was prov- 
ed by an examination of the parliament roll. 

In concluding these remarks upon the mode of de- 
scribing statutes in le^al documents, we may notice two 
practices that prevail m the maooer of siting statutes; 
4 



matters, indeed, of minor importance^ but not wholly 
unconnected with our subject. When a session of par- 
liament has extended from one reign into another, it is 
very common to cite a statute of frequent reference, aa 
a statute of the first year of the new reign only. Thus 
it is, we believe, an almost universal practice to cite the 
new Will Act as the 1 Vict. c. 26. And this is the 
mode adopted hj the Queen's printer in the heading to 
his copies. On tne other hand, statutes passed in the fiist 
of two years in which the session was held are fre- 
quently cited as statutes of both years; this bemg the 
general description prefixed to the collective edition of 
the statutes of the whole session. But these modes of 
citation are by no means uniformly obseired, even in 
the pages of the same legal author. $. 

Jn Etifuji on EquUabh Mor^affe$ ^ D^^oaU cf Jheit, 
with Memar£ty S(c, By Samubl Milleb, Esq., Ba^ 
rister. IBvtknoor^] 

We had anticipated, on openhig this pamphlet, that 
we should find a minute inquiry mto ^e doctrine sup- 
posed to flow from the dictum of Lord Cottenhsm, in 
Whitworth V. Gaugain, (see ante, vol. 6, p. 523, and p. 
809), a doctrine obviously of the highest importance; 
since, if the rule be according to the dictum in that 
case* that a subsequent judgment creditor, without no- 
tice, having sued out an elegit, will not be restrained by 
injunction from proceeding under such eledt at the suit 
of a prior mortgagee by depoMt, it is plain, that an 
ej^uitable mortgage by deposit is, taking Into considera- 
tion its other disadvantages, a nearly worthless se- 
curity. Mr. Miller has not, however, treated this ques- 
tion at any length ; his object appears to have been ra- 
ther to set forth a concise expose of the law on equitable 
mortgages by deposit, as it stood before Whitwarih t. 
Qaugain; and then, stating the case of Whihimrth r. 
Gktugnin; the doubt created by it; and the importance 
in regard to commerce of the practice of mortgaging by 
deposit of deeds, — to point out, that tiielaw is in such a 
state as to render the mterposition of t<he Legislature re- 
quisite for thepurpose of makine that practice saffe and 
convenient. The learned authors statement of the law 
of mortgages by deposit contains nothing of novelty; 
indeed, such an essay could scarcely at the present 
day, be original, without becoming incorrect. It is, 
however, clear and concise, and may be read with ad- 
vantage, as a neat resume of the cases. With the 
meagreness of the portion devoted to the examination 
of Whttworih V. Gaugainy we confess ourselves disap- 
pointed; the dictum of Lord Chancellor Cottenham, 
beine merely such, is clearly open to discussion ; and we 
think the author would have deserved better of the 
profession if he had learnedly and laboriously opened 
the law on thb doubt^ instead of leaving it, as ne found 
it, a m^r^ doubt. 

We conclude with quoting his propositions for 1^»" 
lative interference, which seem oeserving of conaiac^ 
ation :•— 

** The enactments (says Mr. Miller, p. 84) necessary 

* for this purpose will. It is conceived, be very simplci 

* being almost confined to a dedaration, that, for the 

* future, no equitable mortgage by deposit of deeds 

* should be deemed valid, unless a memorandum in 

* writing be signed by the mortgagor, expressing the 

* puroose for which the deposit is made, and the extent 

* of tne security ; but, that everj equitable mortgage. 
' with such a memorundum, should be good againit all 

* subsequent incumbrances, whether legal or othenvise. 

* It may, perhaps, be desirable to determine, by enact- 

* ment, how far the deposit of a portion only of the title 

* deeds shall be deemed sufl&cient ; and to cany out the 
< suggestion of Lord Eldon, in the case of Efpcm v. Bi^- 



THE JURIST. 



118 



^adl^ (6 Ves. Ifi0)» bj making an exception in &Toar 

< of joint teaantfiy tanaats in common, and other persons, 

< wbo caanot poaseas themaelvea of the title deeos of the 
< estate in wmch the/ may be interested; but these 

* idll be mere matten of detail. 

** Qna other provision, however, it is sabmitted) will be 
^iadispaBaable, aad cannot be objected to by the holdera 

* of equitable morlgi^es^ for the great boon thev will 

< otai in kavii^ their seenritieB rendered indisputable ; 

< and that »B^ la render the memomndnm of depomt lia^ 
<Uela the asma atamp as is now imposed upon a legal 
^BMrtgage; bnt, aa many casea mav occur, where equi- 
'taUe ffloitgages may he created for the sole purposes 
^oloonunerce, and to exist for very short periods^ the 

< 8ameres:a]ationa^ it is submitted, sllould be made, with 
' lenri to stamping these memoranda, as are in force in 
' mation to agreement^ viz. Uiat it should not be com- 
' mlsoTj opon the holders to stamp them immediately, 

* oat titit DO eanitable mortgi^ snould be put in force, 
' or be receivable in evidence, without the memoraadum 
'of deposit being ataaped; and tbat> if not stamped 
^aitJua twenty-ona daya after its being signed, the 
f itanp ibonld only then be afixed on payment of a 
'ortampaaalty. 

^ With the simple provirions above suggested, H is 
'Innabty cenceivedy the objections ag;ain8t equitable 
^nof^^ea, so long iireed on judicial authority, would 
'beefectnally removea, while merchants and capital- 
'litB would obtain all the advantages to be derived from 
'them; and a conaideiable benefit would accrue to the 

lonlion aa^ettfs. 

TUESDAY, March 29« 

DECLARATIONS OF INSOLVENCY. 
TUXUM HOOPER, Reading, Berkshire, toba^co-manu- 
&tnr. 
CfOfiGE BROWN, Pembroke-eottage, Chapd-at., Qroa- 
TaNr.pUce, bricklajer, plaaterer, and builder, 
BANKRUPTS. 
liMUSL PALMER GLAD8TON£, Crisp-at., East Id- 
da-RMd, Poplar, shipwright, April 7 at 11, and May 10 at 
12, C^mit of BftRkniptcyi Off. Aaa. Whitmore; Sola. J. 
md T. Gole, 49, lime^t., Leadenhall-at. — • Fiat dated 

CHARLES JAMBSWILLIAMSaad EDWARD NSVILL, 
Bumingham, fustora and eofin fomiture makam, April 6 
»ui May 10 al 8, Waterioo-rooma, BirmiDgham t Sola. 
l-^oett k SoBB, or SaokHog, BirmingbaaB ; Tooke & Son, 
Bdford.i<ow.-*Fiat dated Marck 2d. 

THOMAS SCOTT, Bamwood, Gtonoesterakire, brieve maker, 
April U and May 10 at 12, Winterbotbam & Thomaa'a, 
Tewkesbury: Sola. Wtnterhodiam ft Thoaaaa, Tewkeabory ; 
^Jlis, Denmahire-aq.— ^at dated March 21. 

JOHN CROWE, Saadarlaad, Dorkam, innkeeper, April 14 
It 12, tod May 10 at 11, Bridge Hotel, Sunderland: Sola, 
^ttaon, Newcaatla-apon/Tyne ; Shidd & Harwood, Qneen- 
«f*'Cbea]>tide.--FUft dated Mareb 1. 

BENEY DUCKETT, Ramagate, Keat, earpenter and builder, 
AprilfimdMay 10 1^1, Royal Oak Inn, Raaaagate: SoU. 
l)»uel, Ramagate ; Hawkina & Co., New BosweU-ot, Lin- 
«b't.im.-^PUt dated Maid» 17. 

iOSEPa ULSBY, Roade, Nortbampftonakire, akoe-maan- 
nctorer, April 8 at 11, and May 10 at 2, Dolpbin Inn, 
KorthaoipUm: SoU. Beeke, Nortbampton; Low, Staple- 
iaii.-.Rat dated Mareb 23. 

SAMUEL WILD, Mancbester.ooal dealer, April 22 and May 
|0«t2, CoQuaiaaionera'-rooma, Mancheater: Sols. Taylor, 
Manchester; Wrigbt, 5, New-inn.— Fiat dated Mareb 19. 

^(>HN DARBYSHIRE and SAMUEL POPE, Manchester 
^ Clayton-bridge, Lancashire, and City of London, calico 
and moiueline de laine printers* April 13 and May 10 at 2, 
pomiDisnaMrs'.rooina, Mancheater : Sola. Sale & Worth- 
^(tt. Minehaater ; R. M. and C. Raster, Lipcobi*a-inn- 
field8.-?Ut dated March 23, 



EDWARD SMITH, Southampton, groeer« April 9 and Mar 
10 at 12, George Inn, Sonthampton: SoL Sandell, 22, 
Bread-at., Cheapiide. — Fiat dated March 5. 
ELIZABETH FRANKLAND, Readine. Berkahire, widow, 
innkeeper, April 11 and May 10 at 1, Geom Inn, Reading : 
Sola. Weedon & Slocombe, Readii^ ; Hill, 23, Tbro^or- 
ton-at. — Fiat dated March 18. 
EDWARD TILL, Worcester, batcher, April 5 and May 10 
at 12, New GrqFboond Inn, Worcester: Sola. Hill, Wor- 
oeater; Beeke & Flower, 7, lincoln's-ixm-ilelda. >^ Fiat 
dated March 22. 
ROBERT MARTIN, Becdea, Suffolk, earpenter and oabinet 
maker, April 12 and May 10 at 12, White lioa Inn, Bee- 
dea : Sc^ Read, Haleaworth ; Francia & Son, Monument- 
yard.— Fiat dated March 23. 
SAMUEL MAGNUS, Dover, Kent, abpaeller, AprQ 11 and 
May 10 at 2, Sbakspeare Hotel, Dover s SoU Baaa, Dover. 
*-Fiat dated March 24. 

MaanNoa. 
C. V. Smtk and R. JB. Gouldw^t Tottenham^pourt-road, 
linen drapera, April 9 at half-past 11, Court of Bankruptcjr, 
pr. d,-^ David Storm, Cardiff, Glamornnahire, builder, Apnl 
26 at 1 1, Weatgate Inn, Newport, pr. d.—Thowta9 Boiiruon, 
Leadenhall-at., tallow merchant, April 1 at half-paat l^ourt 
of Bankruptcy, last ex.^Geo, ffallett, Ryde, Isle of Wight, 
draper, April 13 at 1, Pier Hotel, Ryde, last ex.— ^oa. OreeH' 
wei/and Stephen Greenwell, Shadforth-mill, and Crime-hoi^, 
near Shadforth, and Sherburne, Durham, com and flour dea- 
lers, April 22 at 11, Bankrupt Commiaaion-room, Newcastle- 
upon-Tyne, last ex. — Cha9. NieholU, Shiewabury, Shrop- 
shire, flannel merchant, April 18 at 11, Shire-ball, Snrewabury, 
last ex.^Wm, Hortnailf Dover, Kent, carpenter and joiner, 
April 11 at 1, Sbakspeare Hotel, Dover, last ex. — Jag, Kirlt- 
Patrick, Newport, Isle of Wight, Southampton, banker, April 
14 at 11, Guildhall, Newport, last ex.— TT. Niehobon, Leeds, 
banker, April 21 at 10, Commisalonera'-rooma, Manchester, 
last ex.- /. Gibbs, Great Yarmouth, Norfolk, tavern keeper, 
April 9 at 5, Crown and Anchor Tavern, Great YannoQth,ia8t 
ex. — Samuel MarHn, Sboreditcb, grocer, April 21 at half-past 

11, Court of Bankruptcy, pr. d. and aud. ac. — S, S, Cfren^ 
welt and /. May, jun., Devonport, wine merchanta, April 19 at 

12, Court of Bankruptcy, aud. acand div. joint and aep. eat. — 
John Brook and TAoa. Brook^ Stourbri^, Woroeaterahire, 
April 21 at 12, Court of Bankruptcy, aud. ae. and div.— JbAn 
Denyer, High-at., Sontfawark, taibr, April 21 at 1, Court of 
Bankruptcy, aud. ao. aad div.— 7%oa. Smith, Fore-at., wine 
merchant, April 20 at 11, Court of Bankruptcy, aad* ao,-^ 
Wm. Straker, Weat Strand, bookseller, April 21 at 11, Court 
of Baokruptcy, aud. ac. and div.— JBeiy* Oliver and iViUiam 
Goodwin, High Wycombe, Buckinghamshire, drapera, April 
21 at 11, Court of Bankruptcy, aud. ac — J. Graham, Hadi- 
ney-road, grocer, April 21 at half-past 11, Court (^ Bankrupt- 
cy, aud. ac.-^CAfla. Sehojield, Kiogston-upon-Thamea, timber 
and coal merchant, April 21 at 12, Court of Bankruptcy, aud. 
ac. and div.— iJicA. CaiUn, Leioester, glazier, April 20 at 12, 
White Hart Inn, Leicester, aud. ac^lUeh, Sdfiell, New Inn, 
near Rownhun-ferry, Long Asbton, Somersetshire, innkeeper. 
May 3 at 11, Commercial-rooms, Bristol, aud. ac.— iZicAorvf 
Marrii, Chepstow, Monmouthshire, timber merdiant, Apfil 

18 at 12, Beaufort Arms Inn, Monmouth, aud. ac.^Gylhff 
Hairtine, York, linen draper, April 22 at 12, Guildhall, York, 
aud. ac.— /oAn Andereon, Liverpool, oil merchant, April 20 
at 12, Clarendon-rooms, Liverpool, aud. ac— 7. MoUneujF, 
Manchester, victualler, April 22 at 11, Commiasionevs' •rooms, 
Mancheater, aud. ac; at 10, div.— /oAa Fowkee, Beeston, 
Nottinghamshire, grocer, April 19 at 11, George the Fourth 
Inn, Nottingham, aud. ac— FTui. Fretwell, Leeds, colonial 
merchant, April 22 at 10, Commissioners' -rooms, Leeds, aud. 
ac. — ReH Fenner and Sitph. Hobton, London-st., Feochurcb- 
st., com factors, April 19 at 11, Court of BankruptC7, flu. dir. 
— Joth. Ewbanke, Crawford-st., Mary-le-bone, draper, April 

19 at half.past 1 1 , Court of Bankruptcy, fin. div.- T. Wright, 
London, coffin furniture dealer, April 19 at 12, Court of Bank- 
ruptcy, fin. div. — Geo, SmaUfield, Newgate-st,, printer, April 
19 at half-past 12, Court of Bankruptcy, fin. div.— yam«a P. 
JJoyd, Coventry-street, boot maker, April 19 at 1, Court of 
Bankruptcy, fin. div. — Rich, A, Jones, Friday-st., Cbeapside, 
linen and Manchester warehouseman, April 20 at 12, Court of 
Bankruptcy, div.— CAaa. M'Lean, Poland-st., Oxford-street, 
upholsterer, April 19 at half-past 12, Court of Bankruptcy, 
dnr.— Gee. and Geo. Bvtme, Bigh^., Southwark, hop mar- 



114 



THE JURIST. 



chants, April 21 at 1, Court of Bankruptcy, div. — Alexander 
Beauvaiif John-st., Berkeley-sq., wine merchant, April 19 at 
12, Court of Bankruptcy, div. — Chat. Brown, Oxford-street, 
china and glass dealer, April 20 at 11, Court of Bankruptcy, 
diy. — Choi, Stociinfff Paternoster-row, bookseller, April 20 
at half.past 11, Court of Bankruptcy, div. --Robert M'Kinlay 
and Ales. Marr, Silver-st., Wood-st., rectifiers, April 20 at 
12, Court of Bankruptcy, diy. — Arthur Oppenheim and Walter 
Mich, Oppenheim, ManseD-st., Goodman's-rents, timber mer- 
chants, April 20 at half.past 12, Court of Bankruptcy, div. — 
John Baker, Sidmouth, Devonshire, brewer, April 27 at 12, 
Old London Inn, Exeter, and. ac. ; at 2, fin. div,— 'Abraham 
Tempeet,^ Clayton-heights, Bradford, Yorkshire, worsted spin- 
ner, April 19 at 12, Commissioners' -rooms, Leeds, fin. div.; 
at 1, aud.ac. — Peter Mann, Leeds, army contractor, April 21 
at 10, Commissioners' -rooms, Leeds, and. ac.; at 11, div. — 
•T. HayUld, Manchester, and Bagguley, Cheater, horse dealer, 
April 25 at 11, Commissioners'-rooms, Manchester, pr. d.; at 
12, and. ac. — Wm, Swift "^^ Robert Crompton, Manchester, 
drapers, April 22 at 10, Commissioners'-rooms, Manchester, 
audLac.; at 11, dir. — John Molineux, sen., liyerpool, pro- 
fessor of music, April 18 at 12, Clarendon-rooms, Ltyerpool, 
aud. ac.; at 1, first and fin. div. — J. Young, Newport, Mon- 
mouthshire, ship builder, April 26 at 12, Westgate Inn, New- 
port, aud. ac. ; at 1, div. 

Cbrtificatbs to be allowed 

Unlen Came shewn to the contrary, on or before April 19. 

Henry Trent and Edwin TF. Trent, Oldford, near Bow, 
rope midcers. — Sam, Tarbotton, Leeds, chemist. — George O. 
Brown, Sheflteld, timber merchant. — Eliz. C, Radford, Josh, 
Ra^ord, and Joe, Radford, Manchester, ironfounders. — JaM, 
Fanner, Basinghall-st., and Bradford, Wiltshire, woollen ma- 
nn&eturer. — Wm, Webb Ogboume, Honey-lane, Cheapside, 
commission agent. — Geo, Anton and Geo. D. Mitchell, Com 
Exchange, Mark-lane, com factors. 

Partnbrship Dissolved. 

Jam§§ Faweett, Bety. Wm. RawUnge, and Z). A. Rivolta, 
Jewln-street, Cripplegate, and Romford, Essex, attomies and 
■oliciton. 

Scotch SBacssTRATioNs. 

John P, Niehol, Glasgow, insurance broker. — A. Rankine, 
Kircudbright, merchant. — Rob. Stitien, Glasgow, merchant. — 
Duncan Henderwn, Coatbridge, near Airdrie, ironmonger. 

INSOLVENT DEBTORS. 
Saturday, March 26, 1842. 
Tke/olhwimg Auigneee have been appointed. Further Par- 
ticulare may be teamed at the Office, in PortugaUet.^ Lin- 
toln'S'hm'jielde, o» giving the Number qfthe Caee, 
Joe, Bryant, Acton-green, Tumham-green, general dealer. 
No. 52,721 T. ; the Rev. Ebenezer Smith, assignee. — James 
Barlow, Wallgate, Wigan, Lancashire, joiner. No. 58,914 C. ; 
Jas. Morris and Jas. Burland, assignees. — Geo. Gates, Traro, 
Cornwall, draper. No. 52,302 C. ; Parminter CardeU, assignee. 
'^Blixabeth Jones, Blaenllaine, near Llangeller, Carmarthen, 
widow. No. 58,450 C. : John Williams, assignee. — George C. 
Howes, Great Waltham, Essex, draper. No. 58,86 C. ; John 
Wilson, assignee.— JUcAard Baker, Ipswich, Suffolk, butcher, 
No. 58,955 C. ; Robert Garrod, assignee.— iS'amuf/ Blomfield, 
Ocoold, near Eye, Suffolk, carpenter. No. 59,026 C. ; William 
Brown, jun., assiniee. — John Shayler, Manchester, manufac- 
turer's travdler, No. 58,543 C. ; Fredk. Fumer, assignee. — 
Robert Scholes, Bolton-le-Moors, Lancashire, butcher. No. 
58,812 C; Hugh Gillibrand, assignee. — Edward Duerden, 
Sabden, near Padiham, Lancashire, grocer. No. 58,854 C. ; 
Hill Speak, assignee. — Jos. Johnson, Liverpool, tailor. No. 
59,050 C. ; Henry Duke Norman, assignee.— TA(w. Bennett, 
Blackman-street, Southwark, boot-maker, No. 14,451 T. ; G. 
Rands and Robert Arthur, assignees. — Wm. Donnan, North- 

?laoe. West-square, Southwark, traveller to a linen-draper, 
\o, 52,767 T. ; Joseph Vickers, assignee.— TTm. Nettleship, 
Kirby-street, Hatton-garden, jeweller. No. 52,711 T. ; Thos. 
Jeffreys, assignee.- IFm. P. Cowley, Hereford, out of busi- 
ness, No. 58,324 C. ; Bemard Smith, assignee.— Samtie/ W, 
Darke, Red Lion-square, attorney at law, No. 27,602 T. ; W. 
Wame, new assignee, in the room of William Waterman, de- 
ceased. — John Blackburn, Blackburn, Lancashire, out of busi- 
ness, No. 58,242 C. ; Thomas Dutton and Thomas Thwaites, 
assignees. — Samuel Whitworth, Whalley-banks, Blackburn, 
Lancashire, shopkeeper. No. 58,912 C. ; James Chadbumand 
Robert Clemestra, aasigneei .— /oAfi Atkinson, Deansgate, 



Manchester, butcher. No. 58,255 C; Richard Leake and 
George Lambert, assignees. — John Sharpies, Bank-fold Yate 
and Pickup-bank, near Blackburn, Lancashire, fanner. No. 
58,881 C. ; John Briggs and Peter Little, assignees.— JoA« 
Booth, Hulme, Manchester, out of business. No. 58,501 C; 
Harry Bentley, Wm. Craig, and Archibald Weir, assignees.— 
James Makinson, Nora S<»tia, Blackbum, Lancashire, joiner, 
No. 58,217 C. ; Thomas Thwaites, assignee. 
I^ following Prisoners are ordered to be brought up hefm 
the Court, m Portugal^t,, on Tuesday, April 19 at 9. 

Wm. Tinson, Holbom-hill, out of bnsaneas.— i^Vanew Ley- 
ton Vass, Clapham, near the Church, Surrey, yeterinary sur- 
geon.— TFm. Bum, Harrow-road, Paddinfton, auctioneer.— 
Thomas William Venn, Bell-yard, Graoechurch-street, pork- 
butcher. — Francis Ambrosoni, Albion-place, Red lion-street, 
Clerkenwell, looking-glass manufacturer. — George Mytf% 
Bridgewater-square, Barbican, British lace manu&ctnrer.— /. 
Cook, High-st, Deptford, Kent, boot and shoemaker.— 2^. 
Warwicker, Homsey-road, Islington, saddler. — /. Fomlkn^ 
Upper Thames-street, locksmith. — Thos, Allen, Strand, arti- 
ficial florist. 

AprU 21, at the same hour and place. 

James Wilkinson, Great Queen-st., linooln's-inn-fields, 
shoemaker.— T^t. P. Hoseaaon, Castle Hotd, Castle-itxwt, 
and Chancery-lane, owner of race and steeple-chase honei.-- 
John Foster, Church-st., Stoke Newington, carpenter.— At. 
Petty, Old Jewry, machine-ruler. — Jas. Skiers, Charlton-st, 
Somers'-town, bricklayer. — John Waite, Newington-canse- 
way, shoemaker. — Wm. Pitt, Great Marylebone-street, trunk- 
maker.- FFm. Hibbert, High-st., Whitechapel, butcher.— J. 
Cull, Norton-street, Marylebone, out of business.— /(w^A K. 
Gillman, Stratford, and Leyton, Essex, tailor. 

Court-house, Warwick, Warwickshire, April 21 at 10. 

William Jones, Birmingham, tailor. — T^homas Lester, VfeA 
Orchard, Coyentry, ribbon-weayer.— /. Miller, Attleborotigl), 
Nuneaton, miller. — Wm. Dawes, Birmingham, out of bnsinen. 
— Wm, Smith, Leamington Priors, coachman. — Wm. Fineh, 
Birmingham, blacksmith. — George Johnson, Collycroft, Red- 
worth, Yictualler. — Wm. Hill, Spark Brook, near Binnbgfaam, 
wheelwright.— ^Samue/ Duffleld, Birmingham, gun-maker.— 
Sophia Whall, widow, Birmingham, out of business.— £)io(^ 
Hollins, Birmingham, jeweller. — Claude Brown, Studley, sur- 
geon. — /. Gething, Birmingham, boatman. — Thos. Brooktt, 
Beunsall, common carrier. — Rd. Valiant, Birmingham, mer- 
chant's derk.—Bd. Daniel, Atherstone, out of business.— 7. 
Cope, Birmingham, engraTer. — Abraham Shute, Nuneaton, 
pawnbroker. — Edwin Collins, Birmingham, warehouse cleric* 
^•Andrew Chambers, Birmingham, out of business. — ChaHtt 
Whitworth, Sparkbrook,:^ne^;Birmingham, out of business. 
— Wm. Ball, Salford,'-near Alcester, out of business.— If* 
Simcox, Birmiogharo; nphOlsteirtr:- IFt7/iam Longford, Bir- 
mingham, out of business. — Ed. Latham, Birmingham, school- 
master .--/ome* Wm, Jvens, Edgbaston, oommission-sgent.-j' 
Wm. Jones, Walsall, coach and hamess-fumiture-maker.— r. 
Checketis, Aston, Cantlow, butcher.— 7%oii«w MiUer, Bed- 
worth, out of business.— FTm. Miller, Attleborongh, Nno- 
eaton, miller.— Geo. Moreerqft, Tamworth, dealing in hops.- 
Jos. Clarke, Birmingham, horse-dealer. — William Tkomf^t 
Ashted, Birmin^iam, chair-maker. — John A» Squiers, U^' 
mington Priors, sheriff's officer's assistant. 

FRIDAY, April 1. 
DECLARATIONS OP INSOLVENCY. ^. ^ 
ABRAHAM CROSSFIELD, Whitwshapel-road. and H^h- 
land's Farm, Comp, Leyboume, Kent, scrifencr and hop 
planter. 
PETER PYNE, Crooked-Umc-chambers, provision brokff. 
CHARLES GOODMAN, Northampton, cutler and tobao- 

JOSEPH WALLWORTH and THOMAS WALLWORTH, 
Manchester, com, flour, and proYision dealers. 

BANKRUPTS. ., 

ARTHUR JARRETT, Castle-st., Southwark, hatmannftc- 
turer, April 15 and May 13 at 1, Court of Bankruptcy : ^' 
Ass. Whitmore ; Sols. Sheppard & Co., Cloak-lane.— '»» 
dated March 26. ^ „ ,,t, 

SAMUEL GARCIA, Brydges-st., Covcnt-gardcn, 5«"fT' 
monger, April 7 at 11, and May 13 at 12, Court of ^^ 
raptcy : Off. Ass. Belcher ; SoL Lewes, Albany, FKCsmj- 
•—Fiat dated Maidi 22, 



THE JURIST. 



il» 



niANCIS KIBKHAM FOWELL md BDMUND THO- 
MAS C&AUFU&D, BddogAe nff Mcr« Flmoft, mi Fte- 
aMjf wine mercfaantSf April 8 at 12, and May 13 at 1, 
C^trt of Bwkmptcj: Off. Am. Pttinetti S^ls. Perfa^ & 
C«.A Uwmiae Fbfontaey^piaoB.— Fiat dated Mareh 2f . 

JOHN BLAKS, Bridce-at., W«[*miiifler» wioa ttiid apirit- 
naretat, Apiil^Mia Mwr ll«tiU Cevut «f BMkmpfcagr : 
Off.Afs.JaliBWNai ^oL DiauDoek, SktearVplaw, SiM- 
te..-liat dated Marah 84. 

JOHN WRlGiiT. WalmilMnptvn, ffrrar, aad lickMd, 
Mordahire, taflor and draper, April 13 and May U i^ l^, 
4— HaH W^fw<iMipHnn ; Sols, ilewwlt, Wolvai4MBip. 
ta{ Ckik» & M^oatf, 2^ Iii»>]a'«40i.A0UI»..<.-«Mt 
dated IfanheS. 

ffiOMAo WlNOSRf lianoaater, ironDongeri branery and 
tiBaa, April 18 «a4 May 18 at 11, King's Arms Imi, Lan- 
agmi Sols. R. mA T. Baldwin, Laacaater } HcAma4( C«., 
Kot laa^Rat dated Mardk 24. 

SiCHiBO TfilOlY, Chatlenhaniy GkMusestenMra, «omiun 
bita«,Apra II «ad May 13 at 10, Royd n««6l, CMtai- 
kjB:M. Boc»dia, CfaettralMmt Blewer & Visard, 61, 
I^MbViBA-lMldB. Fiat dRtod Mateh 28 



JAJfBS mjlTEit, Oambridga, mmt mmi mtrdbmtt, A|>ril 
22iiid May 13 at 11, Eagle Inn, Cambridge t Sola. Hwrls 
iSmft^^i^BuAM^i 9tuKf^^tCo.,il^B9iimA~9m,-- 
fiA^tedMan^ 21. 

WILLIAM YIC^CEBS, Mancheatar, voBfonnder aad dyer, 
April 25 and May 13 at 11, ComBoiasioners'-rooms, Man- 
dMter : Sola. Croaaley & Sndlow, Manobwtari W^ & 
Co., Temde.— Fiat dated March 19. 

tHRISTOrllBR JACKSON, Clitheroe, Lanc»shtre, joitier 
md\]u]der, April 22 and May 13 at ll,Coiiit-hou8e, Btim- 
I7: Sols. Hall,Clttli0roe.; Johnson &Co., 7,Kh]g*8 Bench- 
«a&, Temple. — FUt dated March 14. 

C%QIB6E MORRISON, Notting|ham, laoe manu&ctnrer, 
April 8 at 12, and May 13 at 1, Geoige the Fourth Inn, 
V«timliam : Sols. Hurrt, Ntfttiiigfaain ; Taylor & CoHiason, 
^ Great Janea««t., Bedrord.row.---¥t«t daited March 4. 

inmAM CARR and JOHN COULL CARR, Simder. 
biiDarhan, mqr dhsBt i, Aprfl 14 at 1, and May 18 at 11, 
BRdpIufr, SttBtaiand : Sols. Keenlyaide ft Harte. New. 
<asife.iipon.lYne ; Cnvelje & Co., 19, Southampton-bsild. 
imi.-hat dated Jan. 11. 

AiiLET HILLYAU>, Bvlalioi, freeatono, ooal aad Iteiher 
Bcrehant, April 9 and May 13 at 2, Connnerdai«.rooma, 
Bristol: Sok. Saiitfa, Briatoi; Clarice & Medcalf, 20, Un. 
cob'».inn.field8.— Fiat dated March 14, 

liUZAfiETH UNSTfiAD, Ufctpooi, {lawobrekar, April 
16 md May 13 at 1, ClareDdon.rooiD8, li^rpool: Sols. 
Morris, Liverpool; Chester & Toulmin, Staple-um.—Fiat 
dated Mareh 29. 

SAMUEL WAGSTAFF, French's Wharf, Saddloworth.York- 
^^1 grocer, com, and provision dealer, April 23 and May 
13 at 2, Coroniaaionera'^rooma, Manchester: Sols, Johnson, 
Maacheatv; 'Wntent 2S, St. Switlun'n-kne^Fiat diited 

Mbstinos* 

^m. T. Lte^ Heatii, neiLr Wakefield, YoritshiFe, marohant, 
April 13 at U, Conimisaioners'-rooaia, Iioeds, pr. d.'^Riei, 
TheUteU, Mancheater, sUvsrsmith, April 22 at 12, Commis- 
nooni'^rooiBg, Mancfaaater, ch« 98fi,-^Fr€d. Aug, Wheeler, 
^g°">gbani, percoasion CKp manofiiotarer, April 18 at 2, Wa- 
^ ^ •wo m s, Binmngham, ch. ass.-^Am. Fish, Prince's-row, 
"B^f painter, Apm 14 tk hrif-past 11, Court of Bankrupt- 
€y,hstei.-.Mi{eA.*DMiila, Hdtton-garden, carpet vrarehoose- 
^ April 14 at 2, Court of Bankruptcy, last ex.-- William 
™^i Adam's-niewa, Edgewnre-road, livery stablakeeper, 
^U at half-past 1, Conrt of Baidmiptcy, la8tez.~GiM. 
^^. St Maiy Aso, iwannoe broker, April 12 at 12, Conrt 
^ Baokniptcy, last ex.— T. Gidden, Farringdon, Berkshire, 
^fMdvietnsller, Hay 20 atlO, BeU Inn, Swindon, Wiltshire, 
|<!^«.; at 12, last ex. ; at 1, div.— Geo. Swift, Mandiester, 
^^, April 25 at 1, ^^onunisrionera'.'roonia, Manchester, laat 
^'^>fo. G. AmO^SLJaaMs's, Bath, oommon brewer, May4 
■^12, Lamb Inn, Bath, last ex.^Choi. Danieli, Oxfbrd-st., 
Mer, April 22 at half^past 1, Court of Bankruptcy, aud. ac. 
r^«> Paimtr, Upper Whitecross-st., carpenter, April 22 at 
'»»tWtof Baidcmptcy, and. ac. and div. — Ant. Lt^arffue, 
^[*J^ Hdeos, London, merchant, April 22 at 11, Court of 
™JttTmtcy, and. 9c,^Piet9r Van den JBnde, liondon-wall, 

^Hib^Xfl»^iV9fllnMKbiBl4Apiil'2d itJ«€MitiPf 



Bankmptoy, nod. ao.; ntUf paat i, #n.4iir.-*-.^. I%mmtms 
LeadenhalUst, oMitdiant, April 25 alt 11, Comt «f Baaktvpfeey, 
and. ac.; at half-past 11, div.— /m<u* H. R. Moid, Ni-iMd, 
and Dean-at, Soho, piado ferte naloer, April 25 at 12« Court 
of BaiAraptcy, aud. ac.; at haM.paat 12, ditr.-^PeUr P^trie, 
liverpool, sUpwright, April 25 at 1, C&wendon^oonv, Uneif^ 
pool, and. ns.; at 2, div — John PvrUr, OrisaiU Nottn^hww 
shire, eoash manfeotnrar, May5 «t U, Whits Hwt Inn, Salt 
Relftrd, and. ae.--JUcA. Waten, Nevpoit, MonnsnlMiira, 
hoD and tin alcte uaanfiMtnrar, Jans 1 at IS, Wastgale Hatdi, 
Newport, aud. ne»***JE. Kmi^kt^ Sonteaoptea, sabinet maker, 
April tSat 12, Star Hotel, fion1ten|ADn« and* •&« A l.tfn. 
div.^ John R. Gorsif Liverpool, coaoh awaftfaotasac, Afiril 99 
at 12, Clarendon-rooma, LAaarpooi, and. ac. ; at 1, div. — Wm. 
Toii^ St. OemaiBs, GonMrafi, com ftuitar, A|rii 25 nt 11, 
Royal Hotel, Plymouth, aud.ac.; at 12, fin. div.— Dov. Pa- 
Twnore, Devonport, Devonshire, msschant, April 26 at 11, 
London Inn, Devonport, aud. ac. ; at 12, div. — Be^, Jaequeif 
Stnndard-hill, CasOe of Naltb«|faam, /. Ootton, Notthi^lnHn- 
park, Notdnghamsfaire, and Thift, Barfoot Oliver, Quomdon, 
Leicestershire, hosiers, April 28 at 12, Groorge the Foorlb Inn, 
Nottingham, and. ac.; at I, dk. eep. est. of Tko§. M, tMtaer. 
— I%m. X. Jone», Rinwingham, Warwidk8hiie» leather aeHer, 
April 29 at 2, Waterico-rooma, Birmingham^ and. ae.^ at S, 
fin. div.— /o«. Armitage, Clayton, Bradford, and /at. Oktca- 
wQodt Swamp, Northowram, Halifax, Yorkshire, attf nona- 
fiicturers. May 3 at 12, Commissioners^^rooms, Leeds, aad. 
ac ; at 1, «n. div.^GAat. ifi^oa, Manchester, eottontmd Haa- 
tian manufiMStarer, April 25 at 11, CommiasionoBS* t o o B w , 
Manchester, div.; at 12, aud. ac. — Riohard 7\tmer, OBsrton, 
Nottinghamshire, former. May 5 at 11, White flaft Inn, East 
Retford, aud. ac. ; at 2, fin. dfr.— /. Dawon, Haail^, Slolca- 
upon-Trent, Staffordshire, com dealer, April 25 at- 11, ten- 
een'a Head lan^ Sbelford, Staffordsfaife, and. ao.-; at 1, da. 
div.— CAos. ^r^ Hanley, Staffordshire, grocer, Apvft tt at 
11, Saracen's Head Inn, Shelton, Staflbrdshifo,-aiiid.8B.( ntl, 
first and fin. div. — Wm. Speueer, Moorgate, ClorrfyoNagh, 
Nottinghamshire, tanner. May 5 at 11, White Hart fna, East 
Reeferd, aud. so.; at 1, di^. 

CnanFicATSS to be iitu>wBD, 
Unlett Catue shewn to the contrary , on or before April 22, 

Samuel Owen, Conway, Carnarvonshire, innkeeper. — Chae. 
A. Cantor, Upper Montagu-street, Montagu-square, mer- 
chant. — Chae, naly. Red Lion-square, bookseller.^ 19^ A. 
Dyer, Cooper's-row, Tower-hili, wine-merchant.— /oAn Xi# 
Preeland, Worcester, innkeeper. — Richard Waters, Newpost, 
Monmouthshire, iron and tin-plate manufacturer. — ^en. Sun^ 
derlani, Huddersfield, and Stainland, Halifax, Yoricshiin, 
dealer in cotton warps. — George Ogilvp Speare, Fleet-street, 
laoeman. — Daniel Matthews and Anthang Gardner, Chsitsn- 
ham, Gloucestershire, grocers. 

SooTOH SaaunaniArioNs. 

Ba9id Griareon, Enterkinfoot, Donisdeer, DDiofriss, inn- 
keeper. — John Watean, Kirriemair, clook*>in«fc0r«^/«siSf 
Jf'Mtr, Gkigow, timber^nerofaant. 

INSOLVENT DEBTORS. 

The fallowing Prieonere are ordered to be brought b^fbre the 

Court, in Portugal-st., on Friday, April 22 at 9. 

John Or^n, Margaret-court, Oxford-maricet, 'Oxlbrd<.st., 
itinerant vendor of provisions. — Tlkomas Cattis, Ptovldenoe- 
p/lace, KentLsh-town, dealer in timber. — George James, Wal- 
ton.upon-Thames, Surrey, labourer. — Saml, Waltham, fiom- 
sey-road, Hollowsy, cattle-drover.-^T'Aof. Chartmion, Queen- 
st., Grosvanor-sqnare, and Great Pordond-st., Oxford -street, 
ladies' boot-maker. — John P, WiUiameon, Gniy's-pl., Bronp- 
ton, out of business. — Fredk. Heales, Kennington-plBoe, Ken- 
nington, Surrey, soda-water manufecturer. — T, Oraveleg, 
Chsries-st., Grosvenor-sq., agent for the discount Of bills of 
exdiange. — B. Chapman, Church-st., Soho, out of business. 
— Andrew 1\teker, Leonard-st., Shoreditch, out of business. 
April 25, at the same hour and place* 

Anthony Clark, Melbourne-place, Old Kent-road, Surrey, 
out of business.*— iSsni/. Hopson, Long-lane, Smithfield, tur- 
ner in geneml.— /oAn J>OBe, Temperance CoflRse-honae, Al- 
derqiate-street, oat of business. — Thas, Mil Sayer, Chuich- 
row, Islington, dyer.— Jlforar Hinekmann, King.«quai«, Goa- 
well^-road, and Great Winchsster-st., Old Brosd-st., geneial 
merdbant.— «£Enify Wheeier, Little George^t., (Hampstead- 
road, out of business.— CAo«. Bamett, Primrose-street, Oc^- 
rov«tttvd]ingAB«oiamMion.^</(iAa WmUy^ Wood.«lreet, 



ll« 



THE JURIST. 



Cbemide, oat of fawjiien.— ^ot . Marekbamk, Watford, Hert- 
fyrdJUn, tea-deder.— Tkomoi Cook, Giltfpnr-rtraet, Wert 
Smithfidd, tailor. 

Omrt^koMie, Cotsntkt, ((%), Apnl 25 mt 10. 

Jokm PtfytM, Coreotry, ribbon-weaTv.— /oAii Vatttt Co- 
f catij f, out of boiiiieM.— JbAii Oi^on, FoleahiUi CoTentnrt 
•orgeoii.— /oJbi il. F, DmnoH, Corentrj, sugeon.— ISztibe/ 
AmilMV, Comtiy, weayer.— EftriiMA ITtfrtf , Sowe, Coroi. 
tiy, wetfer.— 3!lot. /otRcr, Corentry, hnekater.— C. Grom, 
Keanlaj-gnen, weaTor.— vntfiom Pe#flrt, Coroitry, weaTor. 
IirsoLTSMT DuTOK'a DrriDBHo. 

HopkMOMk Cmpf, Exeter. elactrida&» April 8. Laldmaii*! , 
Sseterx 20t. in the poimd. 

EQUITY SITTINGS, EASTER TERM, 1842. 

%A\% Cotttt* 
ir^brt tki mgkt Htm. ih§ Mabtu of tbv Rolls, ai 
Wegtmhuter. 
4prtf 15 Motiona. 

16 Petitions In General Fftper. 

Pleas, Demnrrent Caoaes, P^irtiier Di« 
rectioni, and Exceptions. 

21 Motions. 
22*1 



Friday • • • • 
Satwdsy .. 
Mooday... 
Toflsday... 
Wednesday 
Tbnnday • 
Friday..., 
Satoiday .. 
Mooday... 
Tuesday... 
Wednesday 
Thnisday • 
Friday.... 
Satnfday.. 
Mooday •. 
IWsday •• 
Wednesday 
ninnday • 

Friday.... 

Satwday 



20j 



... 23 
... 25 
• •. 26 
... 27 
...« 28' 
... 29' 
.... 30 
Jrsy2 
.... 3 
.... 4 
.... 5' 



Pleas, Demvirers, Censes, FutlMr Di<- 
rectlons, and Exceptions. 

Motions. 

Pleas, Demnnrers, Canees, Fufher DU 
rections, and Exceptions. 



Motions, 
g r Fleas, Demnnrers, Causes, Farther Di« 

\ notions, and Exceptions. 
7 Petitions in General niper. 
Monday... ••... 9 Motions. 

At the Rolli. 
i___ji ._ ,A /Short Causes after swearing in the 

^^•^ ^^\ Solldtors. 

Short Caoses, Consent Canaes, and Consent Petitions, erery 
Toesday, at the Sittmg of the Court. 



VALUABLE LAW LIBRARY AND MISCELLANEOUS 

WORKS. 
IITR. VIGERS begs to annoonce that he has been 
IvX IkTooredwiUiinstractions to submit to unreserred SALE 
by AUCTION, at his Estate Agency Oflice, 22, Chancery, 
lane, on WEDNESDAY, 13th April, at 12 for 1 o'clock, a 
COMPLETE and VALUABLE LIBRARY, the property 
of an eminent BARRISTER at LAW; containing the Statutes 
at Lane, by Rnnnlngton, Tomlins, &c., 26 toIs.; Bacon's 
FBtandMT's, Rolle's, andViner's Abridgmente; Comia' and 
Cmiae'sl^mCsi thebesteditionsof the Reports in Chancery, 



, King's Bench, House of Lords, &c by Adol- 
phns & EUis, Ambler, Anstmther, Ball & Beaty, Baijaewall ft 
Alderson, Bamewall & Creaswell, Bamewall & Ellis, Bingham, 
Bligh, Broderfo & Bim^iam. Brown, Campbell, Comyns, Cox, 
Dow, Dow ft Clarke, Dnmford ft East, Bast, Jacob, Jacob ft 
Walker, Lee, Maddodu, Manic & Selwyn, Moody & Malkin, 
Myfaw ft Cia^, Price, Rnsaell, Ryan ft Mylne, Showers, Si- 
nums ft Stuart, Smith, Starkie, Swanston, Taunton, Turner 
ft Russell, Veaey sen. and jnn., Vesey ft Beames, ftc. Also, 
Howell'a State Triala, Encyck>pKdia Britannica, Gibbon'a 
Rome, and many other equally valuable Works by the most 
eminent Authors. — May be viewed, and Catalogues had at the 
Auction Offices, 22, Chancery-lane. 



FOR THE USE OFATTORNIES AND STUDENTS. 
This day is published, price 4«. 

THE DECLARATION on BILLS of EXCHANGE, 
PROMISSORY NOTES, ftc. illustrated and explained ; 
also the Jadldal Forms of Trinity, 1 Will. 4, and some others, 
widi refiBienees to the Text •»wi***«i to each AUcgation. By 
EDWARD LAWES, Eaq., of the Middle Temple, Special 

ft Bflnniig, Law Booksellers, 43, Fleet-itnet. 



CHANCERY REPORTS. 

This day is pnbliahed, Furt 1, VoL 1, royal 8to., price 8<. 6d. 

aewed, 

REPORTS of CASES argued and determined in the 
HIGH COURT of CHANCERY in IRELAND, 
during the time of Lmd Chancellor SUGDEN ; eommeueiiM; 
with Michaebnas Term, 1841. By HENRY CONNORnI 
JAMES A. LAWSON, Esqrs., Barristers at Law. 

Arrangementa haTC been made for the publication of tiiii 
series of Chancery Reporti, with the utmost promptitads ml 
accu r acy. 

Dublin: Andrew MilHken, 104, Grafton-straet, bookielkr 
to the Hon. Society of King's Inns. London : Menrs. Ste« 
▼ens ft Norton; S. Sweet; and all the Law BooksaUeri. 



This day is published, price lOt. 6il., VoL 1, Part 1, 

REPORTS of CASES argued and detennined in the 
HIGH COURT of CHANCERY, during the tnae of 
Lord ChanceUor SUGDEN. By WILUAM B. DRURT 
and ROBERT R. WARREN, Eaqrs., Barriafeera at Law. 

%* ThePublisharsbegleafetoinfbrmtiioProfearioD,tliit 
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Edward Sugden. 

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194, Fleet^treet, London. 



HONORABLE MR. JUSTICE STORY'S LAW COM. 
MENTARIES. 

COMMENTARIES on the LAW of PARTNER- 
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Profeaaor of the Law in Hanrard Uniyersity. Royil 8to« 
Price U. 4t. boards. 

COMMENTARIES on the CONFLICT of LAWS, Fo- 
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boards. 

COMMENTARIES on EQUITY JURISPRUDENCE. 
Second edition, revised, corrected, ud enlarged. Two voli. 
royal 8to. Price 1/. 14«. boarda. 

COMMENTARIES on EQUITY PLEADINGS. IM 
8vo. Price 19f. boards. 

COMMENTARIES on the LAW of AGENCY, ssahrmdi 
of Commejcialfanid Maritime Jurisprudence. In one toL royal 
8to. Pnoe 14«. boards. 

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yard, Lincoln's Inn ; and T. Clark, Edinbuigfa. 

Just published, in a Tory thick volume, 8to., price H. 14i. bdi. 

A GUIDE to the QUARTER SESSIONS and other 
SESSIONS of the PEACE; adi^tDtheUseof yomr 
Magistratea and Professional Gentlemen, at the conuneiitt- 
ment of their Practice. By W. DICKINSON, Esq. IV 
Fifth Edition, reriaed and corrected, wiOi great Additioos. 
By T. N. TALFOURD, Esq., Sojeant at Law. 

S. Sweet, 1, Chancery-lane; and Y. ft R. Sterens ft 6. & 
Norton, 26 and S9, Bell-yard, Lincohi's Inn. - 



WELFORD ON EQUITY PLEADINGS. 
Just published, in 8to., price 18s. boards, 

A PRACTICAL TREATISE on EQUITY PLEAD- 
INGS, with Obserrationa on the New Orders of 1841, 
and an Appendix containing those Orders. By RICHARD 
GRIFFITHS WELFORD, Esq., of the Inner Temple, Bar- 
rister at Law. 

y. and R. Sterens ft G. S. Norton, Law Booksellers ssd 
Publishers, (Successors to the late J. ft W. T. Clarke, of FW' 
tugal-atreet), 26 and 39, Bell-yard, Lincoln's Inn. _ 



•«» Ordtrt for THE JURIST (W«n to aOT N«wwn«ii, or Wtp 
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I, or iU being forwarded on tto •tcainf of p«W 
TthePoitC" " " ~ 



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delivery la Loadon, or iU being forwarded on the eteainr -^ 
tlon, througli the raedlvm of the Poet Office, to the Country. 



London : Printed by WALTER M*DOWALL,_P»ii»Tii»» 4, f ■« 
BBRTOH Row. and Publtahed by STEPHEN SWEET, BMfMldJS 
sndPuauans»,SyCnAvcanYtAin« 8Bluid^f»ApillfilWl> 




m"^ 






No. 274. 



LONDON, APRIL 9, 1842. 



Price Is. 



\* 1%$ /klhwm^wre the Names of thsOmUlemmwko/avom'TBMJjmin with Bij^^ 
decided in the teiwxUComU of Law omdEgmi^:'^ 

r B. jr. Hoop, Eiq. of the Inner 



HoatoTLords ^ Temple, Barriitor at L«r. 

,.« ^ r— — a f TtwisoN Eowakds, Em. of the 

"^^'^'■'■^ \ Inner Temple, Berrifter at Law. 

Bmm cf Commona Elee- fA. V. Kikwak, Esq. of Graj'f 

tioB Committeea \ Inn, Barrister at Law. 

nt Lord Chanodlor'a fE. T. Hood, Esq. of the Inner 

Csvt \ Temple, Barrister at Law. 



Inn, Barrister at Law. 



of £n|p- fTsMisoN EowABDB, Esq. oftfae 
Imd's Ce«t \ Inner Temple, Barristerat Law. 

Fke-Chfliiodlor Bmoe's f W. W. Coopbk, Esq. of the Inner 
Govt \ Temple, Barrister at Law. 

Tkt-ClflBeaDorWignim's rE._J. Bbtib, Esq. of Linoofai's 



Govt 



Court of Qneea's Bench 



p 



. Kkmpson, Esq. of the Middle 
Teinple; and 

. J. P. Smith, Esq. of the Inner 
Temple, Barristers at Law. 

Qneen'sBenchBanCo«rt{^-j^^^^ G^T'- 

Court of Common Fl«i{'-J^^^"'^^.' Esq. of Lin- 



Court of Exchequer . 



> Inn, BanistBr at Law. 

r W. M. Bbst, Esq. of Grajr's Inn, 
\ Banistar at Law. 

Bedesiastical and Admi- rBonnnT PHiLLiMoms, Adrocate 
ralty Courts \ in Doctors' Commons. 

TF. FiSHSK, Esq. of linoohi's 
\ Inn, Barrister at Law. 



Court of Renew 



KOnCE TO CORRESPONDENTS. 

#jM fki wtode ^f prmiim§ adopted in ike emreiU 
'^ TwM JuBifT <v not tmderetood bp all (ff our 
4o the himder it wiilyreient no d^gieulty; hut 
) repeai the etatement eontamed m ottr fret 
r iHma the WeeeUamefme Matter and the JReports 
. mded to farm dietimet ooiMwef , amd are eeparatelp 
■pA a^d eo wmde vp, that^ efter euttkag open the mmi- 
m, ike iem or twehe (ae the eaee may be) inner leavee qf 
JkmoHe ma&^ remoeed/rom the envekpinp leavee ofMie' 
eenaneeeu ifatier* 
At the r eqmt ai efeeeereJl Subeeriberet we ehall give at the end 
^eaekfmmrter a Table qf the Namee qf the Catee pubHehed 
imrimp thai period. 




LONDON, APRIL 9, 1842. 

li Joes not often fall within the province of the prac- 
tUtog Ikwjet to hare any concern with the proceedings 
W Conis MtHy^l^ or to conduct matters depending on 
tm miwCi lift inn of the Mntin/ Act, and the Articles of 
War. AeeordiBgly, we heliere, that there is no act to 
he found in the statute hook which is so inrariahly 
pissed OTer unnoticed as the Mutiny Act; and no 
Conrtsi, whose constitution, powers, and proceedings, 
tre BO little known to the profession as those of Courts 
MartiaL We rememher a striking instance of this 
while Lord Brongfaani prended in the Court of Chan- 
esry. An implication was made to his Lordship, on 
Am put of a person who had heen tried and sentenced 
to a eertain punishment hy a Court Martial, to alter 
the aanlenoe of the Court Martial, and to restrain the 
•ontinuanoe of the punishment awarded. But the Lord 
ChanceUor answered, that the Court Martial, haying 
adjudicated, was at an end ; irrerocahly defunct, and 
gone; and asked, whether he had jurisdiction to or- 
der the Crown to constitute a fresh Court Martial to 
recQiMider the sentence of the former one, ohsenring 
that, if, as he eonoeired, he had not, there was no per- 
mi in exkleace to whom he could address his order. 
Vol. in. M 



Now, hut for the great inattention with which the 
Mutiny Act, and the Articles of War, are hahitually 
treated hy lawyers, such an application could never 
hare heen thought of. The Mutiny Act gives power 
to the Crown to call Courts Martial into existence, and 
limits the powers with which such Courts may he in- 
Tested; hut does not, of itself, create any such Courts. 
A Court Martial is a Court created pro hAc vice, by vir- 
tue of the authority of the Crown, in pursuance of the 
powers given to it hy the Mutiny Act. It is called 
into existence for the trial of some particular case ; and 
having tried and adjudicated on the matter brought be- 
fore it, its existence terminates of itself, and it has no 
continuance, either of authority or of liability*. The 
sentence of the Court is, in effect, the sentence of the 
Crown, because, hy the Articles of War creating the 
Court, its sentence cannot be carried into efiect until it 
has been confirmed by the Crown, or hy the officer to 
whom the Crown has delegated its power of confirming 
or annulling it. It is clear, therefore, that the Chan- 
cellor can have no authority or power to interfere, after 
sentence, against the decisi<m of a Court Martial. Upon 
the Court itself he cannot act, because it has wholly 
ceased to exist. And, as regards the sentence, whether 
it be just or unjust, it is ^e sentence of the Crown^ 
passed in conformity with powers vested in it by the 
Legislature, and cannot be reconsidered, except by the 
Crown, or some body to whom it shall del^;ate its au- 

* This iB strikingly exemplified by the esse of Lieut. Fry. (See 
F^mer's Pract. of the Priry CoancU, 1831 , p. 3, and 1834 ,p. 39). 
In that case, Lieut. Fry, hating been tried by a Conrt Martial^ 
and having had sentence passed upon him, used, alter the sen- 
tence proDoonoed, language grossly insulting to the members of 
the Omrt, who diereapon condemned, or assumed to condemn 
him, in punishment m his further offnoe, to serere imprison^ 
ment. But, on an action brought by Lieat. Fry . jo^ist the 
President of the Conrt Martial, he recofered a vmSct«nr heavy 
damages, the fiirther sentence of the Gdlst IIsrtiBl» after |t 
had pranouBoed its origiBal sentence oathkxshJttm^ before lt» 
being held illo|etheri^oiitsirthori ^4 i yffl»t 



^i^^ 



Pk 



118 



9te 



I 'I ■>! .. 



/tRIST. 



thority *. The Grawn msfy indeed, by yirttie of » claiiser 
in the Mutiny ActyTemiA the sentence of a Court Alai^> 
tial to it once for ferisi^nt; hot, aliictly speal&gf ft 
does not eeem potethle fbir the €)io^«m itsrif, jiadkially^ 
to reconsider the sentence of tt Cov^ Mfirtial, though, 
undoubtedly, it may, in. the ei:erc!«rof its prerogative, 
xemit» with or without further inquiry,, any part of the 
sentence. ** The King," says a writer of reputation QU, 
tlift subjeet, (Adye on Courts Martiial, p. 36 >, '^caik no 
more add to or aket the senteace of a Cowt Martial, 
than he can a judgment given in- tli* C^t^^ih^" 

The general effect of the Mutiny Act, so &r as it is 
a penal act, is to dedapoy tiiat certain acts, which, in a 
civflHari^ w«iE& mti be enineft at all, or would only be 
criiiMtof a ^glkt degree of culpability, shall be held, 
if eaawitWdl by m pSsoift dommisuouAd^ or being in 
pay as Al oilier, O^ b^ a person listed or in pay as 
m soWifa m the QiMM'tf fofeOes^ crimes drawing after 
thvA UabttHf' t^ Mkadi punishments; and, further, to 
gpive pMor ta tiie Civwv ta^ make articles of war, or 
rules for gov«miD|f ItoflMy, eohfbrmable to the terms 
U tha Mtttuy A<b4; aad t^ coaitttfaid tW p«rtieiiktar 
tribunals^ «Bttec^Co«i«l Martikl^ far tryibg^ kt ai Mim- 
jsasy way^ tha fiict, whctiier such offences have been, 
committed ; iad ht s^avdftig and inflicting punishmenta 

^■t^llS^ Mm^MMm^ IS^a^Sjl^ J^Hmm^JL X^mm ilkjL. Minf 

ff iVBUr oerMRir jxnxzro uvuueir uj itnv ncv* 

TheiMs* ditideaieaiBrtft Martiat iato thvM kinda; Hkt 
fMMitf Gbnt Mwtiid; tiwGBniwii, or DMict Cottrt 
Itetiai; «id tba Begimestal Coart Martial. Tha ftm 
; of not leas than fliiMeaa o4nti&i«8i«iied 
» tf m a^T^ part of Ae U«Ken** doMklloflay esMept 
. the BahaniflB^ and certabi atkcr plaaes, or if 
ai iadla; of bo* kaa than seven, if in Benaruda^ lk« 
BriianiaByOrotttatfthe ifeiiatfa's iominiesur; and «f not 
Ihs ihaaftvt^ if hr SfepHd«bay Afneayor the Austrattasi 
Ctifeoiat; And ii i» dlieoted, soniewbat ivaoeitratoly, 
Ast jvdgDnai of daatii shaH a0i be pnsed by «qr soeh 
flatifft anrtiidy wkhMft tiw CMeonrence of Mw-lilMy, at 
tfaakaai, of the oftofrtpfiSBiit^ ft dtoeetioiiy wkkb, isa 
•flict, amattsta to myie^ Aot mi>kii the eonVi i»ee«- 
itituted 9i iBore ibaa thare^iiad amnkber of id^m^en^ 
jodgpMtitoldeatlh dhatt reqi^ ana^offtlfaf mofifr tifoh 
iRftMldnMa; siaea, apon thenaaAan HifrteMf, seveiiy and 
§Br9, a au^iinty of two^UdHa#xa0tly em iMve noexist^ 
^nec; Age»en»€km?lMafeiid«ay,byi)h«Ma<inyAcf, 
liBvepavi^ laaward; ar»p«nMimeiat imp«|BOttneB€, v^itk 
arwiUnoittaniktem^airi #hk ov wiihoiit^mtfry 00^ 
iwiaeBty fla io ai^tenpairtio&of saekkifytrtsotfttettl; 
tad ir flMy alaa bittci e«rpofii^ pmiiskmeat, aotr ex- 
tendia^toliftrarltobi It AU^ aftto deprtvo «he party 
^judged gnilty of Mdl fight to* aMl^Mal pay or pen* 
iUm, aa ke would kat« bwn, iff th« i^tMeaee of suck ad- 
jodii^itivB aalitled to; <rr tl msy, inotead of i(w«nBn^ 
diatk, fin* a erima niad9 by the aet pmUHMie with 
d«ith^ senlcatf^ tha afftoder lo b« Ittf^pwiM aa a l(;Ion, 
<>r life, Of fo^a term of yeart. 

'fhe District, Or tiarrisoji Court MartiaX» is tke next 
i^eaEtattt>ol>«Tied|otioa4 Uvmia^eoattiiaf 



irftcrhia 

laiaieMB 
oir 



om 



aaepMoa pttmOy ^eH by Lord 
iC flwm the Court of ChancersF, ia 
a OoufC' MertM lki4 passed s ien- 
ef evfd^aca, wMel^ daghft to 



misrioned officer^ axeept 'm eertain specified Colonies, 
where it may consist of ^te; and it may sentence to 
imprisonment, with or without hard labour, and with 
! ar without solitary oonAnement ; or ta corporal punish- 
ment aoi extending Uy life or Hmb ; and also to for- 
feiture of advantage aa to additional pay. 

The Regimental Court Martial is to be constitiited. in 
cases of mutiny and gross insubordination, or any o£- 
ftnces committed on the line of march. Ithe Mutiny 
, A^t doea not specify thaonmbev of wkiah a Ifeegiiaeiiital 
rOoiM Marftidl ttaaf ba composed ; but, by the Articles 
of War, it ia ardeiad, that it shall consist of not less 
than 6vto ei&aeiB, nulwa fiE bo found' impracticable fo 
aiienibia ihataatt^in', aid «6e* three may ba sttficieni 

Wifh respect ta the fbrmation of General Courts 
Martia!, emd District or' Giu'rison Courts Martial, the 
Articles o£ Waar keep strictly within the Uniiis pi»> 
scribed by tka Matiny Aet But, as regards the powers 
af Regfaaaniat Coaarta Martial; there is a discrepancy 
betwCOBf ^e teftta e( tke Act and of the Articles of 
Wasp, #kicft purport to be founded upcto it. The IM 
clause of the Mutiny Act specificany points out the 
powers of a Bi^mental Couft Martial. It may sin- 
taoca a soldier to imprieonment, witk or wkhout bai^ 
labour, ftv a periad aot eeoceeding forty days} of wbich 
a purtlun may be directed to^ he sitfltttty eonfin«fi«ir, 
and, for partieidkr otf^neee, h may deprive a soldier of 
apeaay a day, fera period not exoeedlng thirty dn^s; 
and taaf dlsprive him of certain aflowances. Bat it 
makes no mention whatever of corpoxal punishmiait, 
ov oiF atoppagea of payv other thaa thepentay a dayntii- 
dotted. By the Articles of War, however, it is ordered 
that a Regimental Court Martial may award iinprison- 
rnent^ following tka tejna of tha Mutiny Act, aad cor- 
poral punishment not exceeding 100 kuite^ or other 
paoiakBenla aceeirdfng to the aaag« of tke Betfhe; niA 
fhrther, that the court may sentence a soldier to be pat 
under stoppages^ not exceeding two-thlr^ of hi» cUUy 
pay, until any loss or dami^ dona t<^ kia horse, amfl, 
accoutrements^ &c., by his misconduct, shall be made 
good. 

iJow, however necessary it may be for the mainte- 
sance of dncipline on the line of march, that the ioflic- 
tlon of the only puniishment in many cases capable af 
being a;pplied, vi2. corporal punishment, should be 
within the power of a Regimental Court Martial; and, 
however reasonable and Just it may be, that, if a soldier 
has by misconduct injured the arms &c. which are 
intrusted to him to use carefully in the execution of 
hU duty, he should be compelled at his own costs to 
Impair the damage, we <]^uestion very much the legality 
of the 79th Article of War, so far as it departs in tiese 
partknlais fW)m the Mutiny Act The Act is the whole 
and sole foundation for the authority of the Courts 
CiL&^i Courts Martial. The preamble recites, that the 
keeping a standing army, except with the conseat of 
Parhament, Is against law. It recites, as the reason of 
the Act, that no man can be forejudged of lile and limb, 
or subjected in time of peace to any kind of punish- 
ment,, except according to the known laws of the realm; 
and that it is requisite for retaining the forces in their 
du^, that they should be brought to a more exepipki? 
tfnd^peedty punishment thd?L the forms of law wiH iflo^J 
ixtim AdFfh^pik)eeed^ to «nact, t&(t tirtiia vm' 



THE JURIST. 



119 



\Kxj oAooes shall be pnnidiAble in specific modes. In 
the 4Ui section, which gives power to the Queen to 
make Articles of War, it is provided, that no person 
abiDy by those Artidssy ^besabject» with reference to 
aoj crimes made ponishableby this Act, to be punished 
ioanjr msmieri^ich ahall not aecord with the proTi* 
aoM of this Act." 

It is dear, therefore, that the authority of the Crown 
ts Bske Articles of War is given and limited by the 
Act; and the only question is^ whether, on the con- 
fferactkin of the Act^ it intends that Regimental Courts 
Xirtial ihoold baTe the powers in question. Having 
regard to the drcnmstance, that, in the clauses of the 
Adidsting to Greneral and District Courts Martial, 
ooiponl punishment is specifically mentioned; and 
that, ia the 9th clause, relating to the powers of Dis- 
trict GoqiIb Martaaly stoppages out of the soldier's pay to 
Bib good any damage done by lus misconduct, are also 
ipedfiealiy mentioned, we confess it appears to us, that 
the omiarioa of powers to inflict either of these punish- 
rnota, in the 10th clause, must be held intentional; 
aad that the powers given in that re^Mct, by the 79th 
Article of War, are not in conformity with the Mutiny 
Ad; and this conclusion u strengthened as to any ge- 
ttnl power of making stoppages of pay, by the intro- 
iaetkminthe 10th clause itself of a specific power to 
it^ pay to a particular extent, via. one penny per day. 
How the legality of a sentence of corporal punish- 
]Mit» psised under the 79th Article of War, is to be 
tried, is a distinct question, perhaps not of easy solu- 
^ We apprehend it to be dear, that no ordinary 
Govt of Justice baa original juriadiction to inquire into 
the natter. According to Lord Erskine's opinion, (re- 
ftmd to above), the proper course, it seems, woidd be 
to petition the Crown to refer it to the Judges for their 
opinkni on the lawfulness of the sentence ; and the case 
which he mentions would afford a precedent for that 
covR. If the Judges returned an opinion against it, 
there ean be little doubt that the Crown would annul 
"Kh Kntence. But if the Crown should refuse to refer 
^ qoeation to the Judges, or, having referred it, should 
'^ to act on their opinion, we know of no course 
vbick would be open to the aggrieved partv, unless, 
P<|^|^ m the latter soppooition, by articles of im- 
f^^dusent against the responnble adviser of the Crown, 
7«Rmedy which it would obviouslv be absurd to 
ubkk of in prsetiGe, for a trifling stretch of authority. 
The three kinds of Courts Mutial above mentioned, 
>JI!w to differ chiefly in their constitution and extent 
J^jvrisdiction. As regards their modes of proceeding, 
^ *ppcan to be no material difierence. *^ It may be 
^^^KFTcd, (aays a late writer on Courts Hartial, i&ter 
^f'^uB remaiks on the practice of General Courts 
"j|i^), that they equally applv to Courts Martial 
^tbin General Courts Martial, which ought to re- 
V^ ^eir proceedings in every essential point exactly 
^^aame manner as has been above detaUed; the 
J^^Bipee between them consisting merely in their con- 
iBtQtbD, and in several offences not bemg cognisable 
1^7 Qie minor Courts.'* (Kennedy on Courts Slartial, 
p. 2(0). ^ ^ 

. }^ ^^d be Ibrdgn to our purpoee, and lead us 
uito too great lemrth, were we to attempt to enter into 
^! Fnctiee of &ese peculiar species of Courts; our 
^l^incraly being to point out the general founda- 
nm^tbe law militaiy. and the general constitution of 



lEUbieiD. 

A Praetkal TntOm on ike Law of EtkOeg fir Lifi. 
By Axnuw BzsBST, of Lincoln's Inn, Esq., Barrister 
at Law. 8eo. /p. 386. [^Sksnenj 4f NnvUm^X 

Our only regret, after perusing this work, was, that 
its scone had not been extended so as to embrace estatea 
of freehold aenerally, instead of being confined to estatea 
for life. Tne profession is sufficienUy supplied, in vsp 
rious shapes, with minute and recent information on 
the subject of estates for years, and other chattel in- 
terests— a branch of the law, which, in modem times, 
has grown into such luxuriance and extent, as quite to 
oversliadow its elder and once more important co-scions ; 
but there is no recent work in which the learning as to 
freehold estates is to be found arranged in an accessible 
form, and treated with sufficient minuteness and atiCtl- 
racy. So far as his plan extends, Mr. Bisset has 8up-< 
plied this want with great learning and ability. He is 
deeply read in the old reports and text books; and yet 
never obtrudes upon his reader any of their antiquated 
quaintnesses or obsolete conceits or distinctions, but 
uses such fossil judicial remains as his researches have 
brought to light, rather with a view to illustrate and 
interpret the modem revelations of the bench than to 
overthrow or shake our &ith in them. Without at- 
tuning, as, indeed, he does not appear to have aimed 
at, the remarkable conciseness of Burton's work, our 
author has produced a treatise, which, like the ^ Com- 
pendium" of that lamented writer, is at once practical 
and profound; concise, but, at the same time, complete in 
its statement of the law, and accurate and critical in its 
expositidn of its grounds. We hope that Mr. Biaset's la- 
bours will not s&m here, but will be devoted to the elu- 
cidation of other divisions of the law of real property ; 
some of which, rince the recent le^slative changes, af- 
ford more scope for original comment than the subject 
of the work before us, which, however, contains much 
that is of immediate practical interest, as will be per- 
ceived from a slight outline of its contents. After dis- 
cussing the defimtion of estates for life and of freehold, 
and the diviuon of estates for life into estates absolute 
and determinable, our author treats of the estate tail 
after poenbility of issue extinct, and the privil^fes of 
the tenant in respect of waste. After fully treating of 
the other kinds of estates for life by operation of law, 
namely, estates by the curtesy and estates in dower, he 
proceeds to the conrideration of estates created by ex- 
press grant or limitation ; of estates pour autre vie ; of 
the forfeiture and alienaticr oi estates for life ; of the 
law of mener, as it affects estates for life (and herein of 
a matter of considerable practical importance, via. the 
merger of charges) ; of the exerdse of powers bjr tenant 
for nfe ; of renewals of leaseholds ; of the apportionment 
of rent and incumbrances ; of estovers, emDlements, and 
fixtures: and lastly, of waste. 

The chapter on the Law of Meiger as it affects Life 
Estates^ though it displays considerable learning, is one 
of the least satisfiactorY parts of the book. The subject 
of the mener of one life estate in another is unaccount- 
ably passed over without any notice beyond a discus- 
sion of Mr. Preston's doctrine, that there may be meiger 
of an estate in an aj^tia/ estate— « discusrion which ends 
in no definite result, and throws scaroel}r any light on 
the subject of the merger of life estates in each other. 
Mr. Preston's positions on this branch of the law of 
meiger are, that an estate may merge in an estate in re- 
mainder or reversion that is not less than the }>articular 
estate; that an estate for the tenant's own life is greater 
than an estate pour autre vie ; that all estates pour au- 
tre vie are equal; and that, therefore, one estate pour 
autre vie may meige in another estate pour autre vie, 
or hi an estate for the tenant's own life; but that an 
estate lor tenant's own lift cannot ineiB« in an estata 



IQO 



T|!R 4URIfT. 



pour autre vie, Mr. Bi^aet disputes Mr. Preston's as- 
sertioD, that a particular estate may merge in an estate 
that is equal to, and not greater than, the particular 
««tat«; l)at)Mta1^esiwnoQce«tailof1te«tiiBrp«o^- 
«iiitii8 0t»ted aioave. The ]x>tttlQii. that m Mtftte pour 
autM vie will magB iu an estate m the tcwnt'i «wn 
life, but not vice vetsil^ on the ground that the letter 
»tSitp Is fre^Ux in quaatity tb^ the former, spears to 
« supported by the authorities. (10 Ed. i^Suif. 8; 12 
len*%U; Perkins, 113; Godb. ^1, fvindhim and 
7u/A«r5*tf «W, argu., U wp. 8), fourth Resolution, 
; EoD, Abr. 49B<B:J, pi. ? jCo. Utt. 42. a. ; Tin. Abr. 
leiver^ f, Q. 4). Thus, u a lease is made to A. for 
the life of B« mtbout impeachment of wast^ yemaia- 
der to A- for nis own life, be is punishable K>r waste, 
ibr the first estate is merg^; fGodb. 52); but if the 
first lease be to A. for bis own life, remainder to him 
for the life ofB., it is otl^rwise* (lb.)* ^^® sound- 
ixess of the doctrine may well be ouBstioned, for it in- 
volves the absurd assumption, tnat two life estates, 
Which the law considers as ef^ual when divided in 
p wnership, become unequal tlie moment they aie nnited 
in one persoQ. A necessai^y consequence is, thaL if A. 
De seised for the Mfe of B«, and B. in reminder for life 
of A«, ][a limitation which m^ be perfectly valid^ iu>on 
the union of the two estates m A^ he will be seisedTfor 
liis own -1^ simply ; but, uyon the union of the two 
fiatates in B*, he would be seised for his own life in pos- 
session, with remainder to himself for the life of A. 

An estate m t^ after possibility of issue extinct is 
considered to be, in quantity, no more than a life estate ; 
and« in the third resolution in Bowles's sase^ (11 Rep* 
163; SowU^ V. Berrie, 1 Rol. 177^ S. C), where Ae B- 
initation was to the use of T. and A*t bis wife, for their 
lives, sans waste, with remainder to the use or the first 
issue mal^ &o^ with remainder to the use of the heirs 
fnale of f. ana A.^ and T. died, leavii^ issue by A. 
which issue died^ living; A^ it was said, that, because 
Ihe wife has the estate for life by the limitatiojo of the 
j>arty. and the estate which she had in the remainder, 
90^ 01 the tenancy in tail after pos^bility, was not a 
larger estate in ({uantity. and therefore aould not meige 
the estate tor life, for tliis cause, the wife was not te- 
fiant in tail after possibilil^ £ln possession] ; bu^ as it 
was also resolve^ that she had the privily of tenant 
in t^l after possibility, on account of the inheritance 
ihat was once ix^ her, the resolution tipon the auction 
of meiger, amounted to nothing more than a dictum ; 
.and is, we believe, ^le only authority ogainst Mr* JPres- 
ion'a position, that i u estate may mei^ ij;i an equal es- 
tate. The case of IViUiam v. Willuuns, <12 £ast» 206 ; 
15 Ves. 41fl.}, M. as Mr. i-i^iset has shewn, no authority 
either wsy. Hiere is a passage^ howev^^ in Co. litt. 
^1299. b., where it is said, »th|U^ if a man kaseth to A. 
4uriiu[ the life of B^ the venuuode^ to bim during tke 
lif^ 9fC^ if the lessee commit waste, an action shall lie 
against nim ; and as ihe oase is put as an instance of a 
tenant's liabilitjr ior waste, notwithsta^ing a remain- 
der in himself, it is evident tliat Jjord Coks thought 
there was no inei){er of the first estate. Upon these au- 
thorities howevei^ Mr. Bisset considers it to be estab- 
iished, against Mr. ('reston's opinion, that l^iere cannot 
bo any mei]^r as between eoual estates of freehold, 
^ow, when it is rexnembered, tww completely this po- 

S'tion is oppotied by all analogy, and how many old au>- 
loritiea (of greater intriosic weight than these eited by 
Mr. Bisset) on related points in the doctrine of memr 
san be produced, which liave been repeatedly overrukd, 
ve think that Mr. Freston'a opinion is entitled to more 
aspect than is shewn it by ao jwsitive an aesertion of a 
0irect|v contrary conclusion. The analogy is 4istipct)y 
4he oilier way,; for Mr. Preston has shewn^ thai one 
conditional lee may mei;ge In another;,^^ ^fS^ Cwv. 

4 



•ne estate by ^tdtuta ffr elegit mr »mi in au^bfr; 
(Dighim V. Ormville^ 2 Yept. ^8)^ Coflis, P. C. 64); 
and that a term of years may meige in a reversion even 
fsT a shorter term of years ; iHufines y. Rav^h(^m^ Cro. 
El.Mt; ^Sll^0ft«y..SrM^.6Madd.66); andtbereis 
^vieiKly no reason why a Afl ew sti l mie ^e«id ap^y 
t# estates for Ufa fmi that wkiclrgQwvfM astites ac U- 
heritance, or for years. As an instance gf i^i old aa- 
thority en the law of mei;^r, now overrule, take iWiy 
y.AUeny (Cro. 13. 173; 1 Xeon. 303; Qwen, 97), where 
it was held, (contrary to what b now wellsetded law), 
<l»t, whsB leasee for t ven^ yean maketk a leaas fbr tan 
years, the aaooRd leaaee cMMuit flurnndav to the iiat ln- 
aae, Ivr teiE( yeani oa^9ot be ^ii9>w^ in ^ri«^« 4ABt& 
to the same effect, and which are npt laW| art to be 
found in Shc^. Touch. 3^1 ; Co. LLtt. 2!73. Again, in 
Burd V. F<y, (2 Ron. Jlep. 4W ; i« Vln. Abr, 315), it 
was Mfreed, that, in the case of a lease far life to A., it- 
mainder Ibr lift to B^ and B. mwU his estate to A^ 
thia ia en eoBUngiii&nieQt, aad \k^ Ant teaaea is iwm- 
diate tenant to the lesaor. Now, this oosKBlusioB is 
wrong, if it be law, that an estate for one*s own life 
will tiot meige in an estate pour autre vie. Other in- 
fltancea are to be found among the old authorities on 
tlie iiaeig«r of eetates as between knsband and wift. 
(See Co. iitt. 888. b. $ J^MKsMi^T. Om#, Plevd. 418; 

X9^^im ?. Wmsmrtit I tMl, Abr, Smnf§mhmmt (At) 
}0j % Poll. 1^0.^72:3 T.]E^.401; iKirmy.Newm, 
3Swanat.603);. 

Mr. Biaset seems to be especially ambitious of cof- 
reetiiig Mr. Pieston; thus, in treating of the exceptions 
to the genMial ruie reapeotixig vnerger, in easea whm 
OM of Uie estates IS keM in autre drat, he has thesB re- 
merka: ^* Mir. Prestofi puts the folLewing case as see ^f 
great diffieulty : a hnahand has a term for years in mbt 
of his wife, and the reversion in fee descends to nis 
wife ; * in this case,' he s^s, ' it is difficult to anticipate I 
the judgment of the courts of justice, and no caae has 
eceuvrad whidi deeidea the point.' The solntion givM 
sSbo>i^ of ^ caaa ofPure^ y. Bogerp, aaema eqaaiiy 
i4>pliceble hf«e. Here, aa ia that cw, both estates (w 
held in the same right; therefore, why should not the 
ffenera^ rule apply, and meiger be the consequence. 
Now, we do not see that this is at all dear; the excep- 
tions in the law of merger are all intended to prevent 
ii^iiatiGa ; the tnjustiee whidi woiAd happen iroiefgff 
were allowed in eaaea of the aeqfiisitien of estates b|tet 
of Ifvw and in autie droit. *"' 
husbanil ia possessed 

then the inheritanoe (.w«^v-^« ^ *.»« ».*.», - — -. , 

no meiger{ because the -descent was an aet of law whidj 
thp husband could not prevei;it; and, therefore, shall 
not turn to hi^ prejudice. (PlaH v. Reo^^ Cro. Ja?- 
275; Bulst. 113). Now, the term ^hicb tjw husbajul 
has in his marital right^ and the freehold which be has 
tn right of his wife, are not held precisely 4n tU$ same 
right; for tbe term he may dispose of absoliitely; »» 
it is for etl purposei^ except his wife's right 1^' eum- 
vorshk) in ease ne makes no disposition of it, hw ovn 
properly; but the freehold is not his otvn in the ^m 
senses and, therefore, to hold the term to be roeiigea *p 
the case put by Mr. Preston, would occasion the veiy 
same inconvenience ani injustice, ihat the o^'^'^.®^*! 
to avoid in the case of plait v. fleop. Indeed, in i^ 
vejty case, as appears from Bulstrode's r^ort, Cro*^ *^ 
was evidently of opinion, that merger would not •**'*J^ 
take place, td though bath estates were held \^y^^?ryy 
right ; for he inclined to think, that, if the husbaaOW 
had issue l^ his wife after the inheritapoe desceiidea » 
her, so as thereby to become entitled to be ^JJ*"/"^ 
curtesy and have a freehold in his own right, tne wr 

would not meig^ which he said was * «?**. *7^tS 
<»se, Jfthet^rmofthe wife is consider^ to b^oMW 

the hysbapd svffi^jle^itly to eaiue a "JfiSP^ 9^^ - 
Wa XfiL his inquiring the i^eterMOii by aesoeiitj 




TAB iu«iaT. 



131 




i th0 wnS$ mrtfMaa tbara if m 9»«iv«r, Ihnre 

lio Um wftBi(Piitiy to be ^wUcimi in Kb farot 

n tlitt wife aeqiiifM tht mremon foy 

tkfl pro U cti pn maglii not «zt«id to 

CMf Milwv C1I08 Iff* Btiftoii 8 iLooiutfon of an #8t|it6 
«f ftwlMiid wit of InhetHane^ m «n estate limited to 
fbe dnr m l lo n of some penoii*« life, or to some uncertain 
fCBod indnded in socli life, and not referred to the 
nere wHl of tlie neict person in succeasion; and obiecte 
to % that U h founded on afalse a6samption, that thoee 
pmwtMw periods which w^Yp by the word« of ilnu4a< 
dao^ f^Um4 beyond the life of the matee. wiU 90% 
mam thu oetftte to h^ freeboid; whU« uyim mkkk nwit 
be nw^ni wUhki gycb Ufa, will hwre thit jBOmiL Bat 
iUa abfactms ta Janadedy we think, on a nHsander- 
•teteg «f Mr. Burtoii'a wocde; wfaieh wen not in- 
tmiakWmmiffy, tiMt the Mnitation mnaty in eo many 
wih4% eonfitte tlie dotation of the estate within l&e pe- 
nad<CaHfe; hot that a&y Hmitationy which, whether 
by the Ibrce of its own term^ or by the effect of any 
nie of law, would not be e&ctuaf to convey an in- 
terest of ^[veater duration than the term oi a lif^ would. 
If in other resipects It came within the defiaiiio^^ ooa- 
£7 an estate cir freehold. This ooaatiuotionai^iioe lets 
IB Hm atm instanced by Jdr. Bissat» of a limitation io 
▲. till & «e«iea fsoia St. James's; wiww, thongh by 
«be iMne wncda of the liaaitetian the cttaite nay )pos- 
nbly lent fsr srver, yet, by a nda of law, it aliall only 
bsnfiib sst a di, ibr want of woids of iahefHance; and 
Ibe ease ef a leaae of a rasaor, worth 201. per annum, to 
A. until W©f. be paid owt of the profits; which obvi- 
onalT eoraes slso within Mr. Burton's definition, Inas- 
naaAk as it 18 not certain that the profits of the manor 
will oonttmie the same. But, in his strictures to the lat- 
ter part of the definition, Mr. Bisaet is more snccessfal; 
and we shall conclude by extracting them as a very fair 
yecimen of our authors s^le. We quite agree witii 
mm in ^^s opinion, that dennitions, in leg(d mnMeia at 
ieast, ore ¥eiy Qsekas exeseises of ii^nmiy . 

''ikUiUadefinitieiinapentooMieriybileotions. The 
' words are : * limited to the duntieti of oesne pereon*« 
' fife, or to some unoortoin poriod included in such Hfe, 
' and not referred to 4^ mere will of the next person In 
' succession.' Cases nu^ bo pointed out falling within 
' the letter of this definition, but contrary to its spirit 
' and intention, as where the persons who haye the sub- 
' stsntial power of detenninii^: the estate have not the 
' kgid rerernon in them. BcTt wcdving this, the latter - 
' words of the definition, viz. * not referred to the mere ; 

* will of the next person in succession,' are not only not \ 
' in accordanoe with, but are contrary to the current of 

* the astthoiilies. in the mf^jorh^^f cases, itideed,«Ated 

* by iiKd <kike, nnd elsewhere, of determinable life es- ! 

* tkm, held to be freehold, the determination, in so iBsr as 
*1t b aiated to be dependant on Iknnian wiOl, w -to le at 
' the will of the lessee or grantee. Bill, tbssides iane«or 
'two esses mentioned by Load <}flfk& eoyend eases aore 
' to be ^nnd in the Year-OBooks, wlneh ahow, Ihat a 

* lease eaqmisood to be determiufible at ibe w^ 4lf the 
' lesior only, wM), if livaiy of seisin be mad% ^^ ^^^ 

* as an estate fiir life detenninabli^ and, thevefaro, as a 
'ftaahold; while, in the absence of Uvery, or of that 

* whieh is tantamount to livery, ^e lessee has only an 
'estalefet wBl, whidb, ^iOiether eajmnsad to be^t «he 

* wiU ofliia kssor ^ at that of the lessee, wiH be at the 

* win of botil parties. The same law, eaye Lord Ookc^ 
' is of a i e^s ter atlon of a use; consequently, what under 
' the^Matnte ^ Uses is equivalent to livery, or to that 

* whidi ir tantamount to livery, wijl have the force of 

* livery in this Inst^ce. It is, therefbre, evident thai 
' Mr. blttton*s definition of freehold, exdodes several 

* rlaaser ef estates whi<^ the sages of thoKuliah law 

* have, for many osiiHttisS) held to be fipeefaoto. 



<" Upon the whal««i(wnfiiie9nBs, Umyof asisb 
appears to have been the investitivo iaet .the pH«Miy 
inndamsntal dement of a freehold $ althongh, In the 
majority of the cases, the estate i^ not determinable at 
■ fthelo 



the mere will ef the lessor, the ftct of its being deter- 
minable at the will of the lessor only, has boen held not 
to depri veit of the character of a freenold|proyide4 t^ere 
was nvery of seisin, or, in the case of toiiifs lying |n 
grant, delivery of tW deed. So tbaU ujpoa tba vrhol^, 
as n;gards the definition of a frsehold^ m, the p^^esit 
state o^ the law on the subiect, it does not seem nrfe 
0g9 hey^f^ Mr* Jnstire Bttclcatone's dsasrtptisn of a 



fteehold, via. that it is sueh an eatata in lands ap is 
conveyed by livery of aeuin, or, in tanemanta ef an in- 
corporeal xmture, by whsA is equivalent thereto. 
'< The fiict is. Chat dafinitien, difienlt in all but the 
purely abstract sciences, is |>eculiarly so in a system of 
living law. To indjudo in a genemanfiMnlon ifee 
whole of a nnmhwr of pastftenlivs, wUeh ate not only 
imperfectly ascertain^a £nam their iondJeis variety, 
caused by distinctions extremely miaut% thoii^ often 
very important, but aw oonstanUy eabjeofaed to the 
piiooew of being ehai^ed and added to, fa avidantbr not 
merely adifienk hot an hayoaahle o p s ra tie n , Under 
■nch etrenmstanesi^ aa a defiooitioa) perfbitiy ptortte 
andceottpiiriiansl^iseleariymiMiiins/ble, itseemsa 
sufficient approximation to mdb. a defimtknii to con- 
fine it to an explanation of what Iqgidans call the 
differentia, bj which we mean a property, or in other 
language, a certain cluster of particular^ impUed in 
the name of the elass intended to be defined* tattle- 
ton's definition of a tenant in tail after possibility, &c., 
is an example ^ this. It is not all-ooni^iobeugDre ; it 
includes only the eases implied in the nsmiy omitting 
for example, all the oases of tenaoA lor life, who hss 
once been tenant in tail' in possession^ When the 



to be defined doss not f omish the means of doing 
this, there seems to be nothing to be attempted^ but 
some description which will convey an idea accurate 
and dear^ as Ihr as it goes, of some of the properties 
included m fbe dass in question.** S. 

AnmtM I^MiKiiiitiit* 

fiOXTSE or COSIUONS. 
TWcdiy, A^ ft. 

6ir V, Blake moved for joid obtsined lesM to being in a Bill 
csktive to tbe Adnusooaef BwriMtersin I«dsnd« &pS9ent, 
students at law, befbre they could he edailted tetfas Irish bar, 
must keep certain terms at one of the English fans pf Court. 
The olqcct of the Mi was to trsarfer Hstf laridwinfiao Mand. 
The BUI was bxottgbt in and xeid A first lUBo. 
vv^seMerflop^f ^^vu a. 

The HoHSS boanf , on tbe moliea of Lord MMoa, gone 
late oanMDitteeoa the^Copgraght «il*, Lui d J Wes OMsdtbe 
edoptioB4>fhiBaieSBaiieenthefiDese. iie vepllsd to lbs Oto- 
yimeota that had heeo mm/Oi ina dsfer ^■■shm iiis|W> Ihrj <hs 

pcobabUity ef sa author's itasnmdanti lisa to siyMs 4 

wor^ valuable te the pnUUc^ and eodBSWSniol to sbewtbok, 
while the labonr ef tiie ostimr oras ef m < 



tegWeteeii 



firtj- 



him to protectioB in the pndneeef hhUboar, no h)|ertens Inc. 
creasB in the pvioe of boehs wndd lesolt tsUMpaotteby^ 
^diog, as his BUI proposed, the taau ef 4 

lir. i faew ti y pvopMsd, as a eapsB* 
author a life interest hi his weifl, «k1 saen a 1 
sbealdnafcetbedHietfcsnofSheoQpyitBfat, iasHi 
two jrears. 

Mr. fre^% thoi^ht, ftrt sawiaaiblnBtbsit owt, 
ctiitiag law., anyly re muu i a ts d ; sad he <t iai md So the prices 
obtained bf«MiqrdistBgBiaboiaalfinrslbrtMrwoi«nt Lei« 
J^nhadreeeiiod for bis wotinnAtM./ 4Sir J. MadtalcMI 
for bis FjTiipneatB of Bogfiah History 6Mei./ tbs Rev. Measrs* 
WUberibioe lor the Life ef thev FMhar 4M«/.i Meei«^ Ae 
life of BmoB3009g«famn; BBdSoOlhsyibrtlMlifedr Cow- 
pylOm Aa to aathaw who did est write eayOrfegworfe 

* flee sute, pp. 69 et seq., <ybMrratiObs oti this BEn~ ' 



1S3 



THI JURIS t. 



mnemberiiig, and tfaey were Uie great mtjoritj, no legbktkm 
oonld give tbem protection. 

Mr. MUmei ai^ioed, that an extension of oopyright wool 
not, to any extent, increaae the dean&ess of boou, 

Sereral other memben addresied the Hooae. TlM leanlt 
waa,that 

Claniea 1 and 2 were pat and agreed to. 

Clanae 3, giving an aatfaor copyri^t for bialUb and twentr- 
ftTO years alter, was altered, to tJie dfect, that eopyri|^ ahoiud 
sabttst for Ibrty-two years certain ; bat if the anthorwas living 
al the expiration of the forty-two years, then for seven years 
fltethen 



The so bs e nunn t chrases, ap to daose 14 Indvstve, were then 
tuopeed to i and the committee reported progr eas , and obtained 
Ism to sil agafai on the 20th ApriL 
» 
BILL IN PROGBSSS. 

A BOi MUuhd An Ad to de/lm tkt /wtMieiUm qfJutticet 
iM Gencni/ aiNl Qu&rtit Simiom tfiki Piaet, 

Whereu it is expedient that the powers of jastices in general 
and qnarter seesions of the peaee, with respect to the trial of 
oidMteSi be better defined ; oe it enacted by, &c., That after 
the passing of this act neither the instieee of the peace actmg 
in and for any ooonty, riding, difisum, or liberty, nor the re- 
corder of any boffooi^, ahall, at any session of the peace, or at 
any adgoomment thereof, Uj any person or persons for any 
tnaaon, morder, or capital fiploay, or for any felony which, 
when committed by a person not prenooaly convicted of fo« 
lonv, is panishable by transportation beyond the sees for life, 
or for any of the following oifenoea ; (that is to say), 

1. Misprision of tresson; 

2. Offnicessgainst the Qneen's title, prerogative, peraon, 

or government, or ai^inst either noose of Parliament : 

3. OfKmcessafajeottothepenaltieaofprKmnnire: 

4. Blasphemy and offences against religion : 

5. Administering or taking uilawfol oaths : 

6. Peijary and sabomatidn of penary : 

7. Making a folsa oath oraifirmation, so as to belisbleto 

the panisbwent of peijary. 

8. FoigeiTc 

9. Unlawndly and malicionaly setting Are to crops of com, 
grain, or poise, or to any part of a wood, coppice, or 
plantation of trees, or to any heath, gone, lorse, or 



Plant! 
rem; 



ly, and oifonoes against the laws relating to mar- 



10. 



11. Abdoction of women and girls: 

12. Endeavoaring to conceal the birth of a child: 

13. OiTenoes against any provision of the hws relating to 

bankrapta and insolvents : 

14. Composing* printing, orpablishingblasphemoas, sedi< 

tioos, or deftmatory libels : 

15. Bribery: 

16. Unlawfol combinations and conspiracies, except con« 

spirscies or combinations to commit any offence which 
soch justices or recorder respectively have or has joris- 
dietion to try when committed by one person : 
Provided always, that notiihig herein contained shall be con- 
atnied to give aathority to the jastices of the peace acting in 
and for the dties of London and Westminster, the liberty of 
tiie tower of London, the borooghof Soathwarfc, and the conn- 
ties of Middlesex, Essex, Kent, and Sarrey, to try any person 
or persons for any offisnoe committed or allied to be committed 
within the jarisdietion of the Central Crimfaial Conrt, whidi 
aoch jastices are restrsined from trying under the pioTisions 
of an act passed in the4 ft 5 Will. 4, [c. 36,] intituled, "An 
Act for establishing a new Court for the Trial of Offences com- 
mitted in the Metropolis and Parts a4ioining.'' 

2. niat it ahall be lawfol for any judge of one of her Ma. 
jesty's superior courts at Westminster, acting under any com. 
mission of oyer and tsnniner and gaol delivery for any countr , 
toissucifheshaUtiiuiklit, any writ or writaofceitiocwior 
other prooess, directed to thejnstioesof the peace acting in and 
for soch county, riding, division, or liberty, or to the recorder 
of any boroqgh situated within the said county, commanding 
tiie said justices and recorder severally to cotUy and ntam 
into the court holden under the authority of sudi mmmissinii 
ef oyer and terminer and nol delivery aU indictments or w^. 
' f^4orti4cenb«foreanyof tfansaidJaft|Q««rite 



peace or recorder of any dfenoes which after tiie pasRng of udi 
act such justices or recorder wUi not have jurisdiction to try, 
and the several recognisances, examinations, and depotltioei 
relative to such indietaients snd presentments ; and also, if ne- 
cessary, by writ or write of habeas corpus, to cause any pmen 
or perMns who may be in the custody of any gaol or prisoa, 
chuged with any audi ofRmoe, to be removed into the euilody 
of the keeper of the common gaol of the ooonty, so thst the 
same offences may be dealt with, tried, and determined le- 
cording to law, under the authority of the said oommisnon. 

3. That every recognisance which shall have been entered 
into for the proeecution of any person at any court of eeetknu 
of the peace, for any offence which after the pasang of diis act 
audi court will not have jurisdiction to try, and every reoog. 
nisance for the appearance, as wdl of any witness to gife 
evidence upon any oill of indictment or preaentment for my 
audi oflbnoe, as of any perKm to answer our lady the Chien 
for or concerning any such oifonoe, or to answer genersUy be- 
fore sodi court, shall, in case any writ of certiorari or htbeu 
corpus be issued for Uie purpose of removing sndi indictoieat 
or presentment, or such person so in custody as aforenid, be 
obligatory on the parties bound by such recog ni aance to prne. 
cute and appear and giro evidence and do all other thisp 
therein mentioned, with reference to the indi ct me nt or preieat- 



or person so removed as sforesud, before the justicei of 
oyer and terminer and gaol delivery acting in and for thit 
county, in like manner as if sudi recognisance bad been ori- 
ginally entered into for prosecuting sndi offence, appearing, or 
giving evidence, or doing such other things before the said joi. 
tioes of oyer and terminer and gaol delivery : Provided alwiyi, 
that one wedc's notice shall have been given, eitiier pereonalljr 
or by leavii^ the ssme atthe place of residenoe as of whidi the 
parnea bound by audi recognisance are therein described, to 
appear before the conrt of oyer and terminer and gaol delifoy, 
inirtead of the said court of sessions of the peace : Pnmded 
also, that the judge who shall grant audi writ of certiorni or 
habeas corpus shall cause the party applying for such writ or 
writs, whether he be the prosecutor or party charged with wk 
offence, to enter into a recognisance, in sudi sum, and with oc 
without sureties, as the judge may direct, conditioned to give 
such notice as aforesaid to Uie paitiea bound by sudi reoogni- 
aance to ^pear before the said court of oyer and terminer lod 
gaol delivery, instead of before the said court of sessiooi of the 
peace respectively, and to do audi other things with refeftsoB 
to the indietment, presentment, or person removed, ai mch 
conrt or judge shpll direct. 

4. That tCia act may be amended or repealed by any act to 
be passed in this session of parliament. 

CAUSE LISTS.^£AST£R TERM, 6 Vici. 
CoutI of fltueen^n Bench. 

NEW TRIALS 



Remaining undbtb&minbo 
AT THB End of Mich. 
Ts&M, 1841. 

EAaTB& Tbem, 1840. 
Claridgew. Latrade 
M a n cheater & Leeda Railway 
Company o. Fawcett 
EAsmn Tbkm, 1841. 
Albon V. Hayman 
Doe d. CAwiev v. Williamson 
Duke of Beaufort v. Gough 
Mayor &c. of Chester e. Walker 
Mayor&e. of Chester e. Franda 
Roberts v, Jones 
Williams 0. Hn|^ & ors. 
Morgan v. Powell 
Oroverv. Price 
Brydges v. Lewis 
Doe a. Evans e. Psge 
Blagg V, Appleby 
Roscorla v, Thomas 
CoUins V. HorreU 
Ogilvie e. DaUanora 



Atidnson v. Rsleigh & on. 
The Queen 0. Ames & B&. 
Pinsente. Knox 
Doe d. Parsley dfcors. r. Dif 
Laver e. Hawkins 
Mant V. Collins 
Bailey e. Sandle & on. 
Doe <^. Cmwley e. WiUiain** 
Doerf. ^r.Bramwhite 

Denny v. Clark 
Stannard v. Bush 
Doe <f. Metcdfo v. JM^m 
Kbge. ?todboit 
TheOueene. Scott & •»• 
Munn&ors.».Negrep»to 
Catterall ». Kenyon * wift 
Hedleye-Baiabridge 

TRiNirr TBEM, 184K 
Coata e. Chaplin h ort. 
Jones e. CUrke 
Ciottye. Price &sa. 
Rowland e.Blakeiley*o»J 
Greene. Steer 
IIey».Wyche 



THE JURIST, 



198 



KtCHAtUfAl Tbbm, 1841. 

Tribe r.Wfaidier 
Metalfe V. Fowler 
CaitET V. Jama 
SiDjthies V. Sootiian ft an. 
GanlDcrv. M'Bfahoii 
AoBUf. Beea 
DipmiB V. WhitB & on. 
Bovber 9. Muitsj 
Hi^ard 9, Hefler fc an. 
ChorchiU V. Bcrtmid 
Voor&aiLV. Cook 



AoDpioB V. MMdererer 
Cur r. Foster ft on. 
Jaqvi9.MacUe 
Doci.BobiBionv. Hird 
BilMHi & on. V, Plndor 
Honii t.ne Fkwton dt Wjn 
Biihi^ and Haibour Dock 



V0t9.] 

Iktl StdiUiig V. Ciowden 
ftjtBBff. Watioii 
Hirtinfv. Updier 
Bonwt.Akodc 
HiHy V. Suae & aa. 
BcviB V. Gedung & on. 
Doetf.WittoQ«. Pcalbld 
IjBb 9. Gibbons 

SPECIAL 

Aittflp. Tone V. TrBWNrd 
Hoiard v. Cowet & on. 



Yaigiini & an. v. BCoi)|a& 

F^v.mier 

RBme&tball V. CasteUaia 

1^9. Rolf ft ora. 

Tijlor 9. Moore 

Doe i. Eail or Egntoont t. 

Hdlian 

Be9.Foi 



JidaoB 9. Magee 

Wirreaa.Biiabdl 
GibiOD 9. Iraaon & an. 
fttdvil at on. V. AUanaon 
krdckaii ft an. v« Jonea 
Bmftrd ft on. «. Bonaqnet 
Hot & an. 9. Bobina 
Knningham, Briatol, and 

namei JoncCion Bailway 

ConpaoT 9. White 
Soifencn^Co. v. BrooUof 
TQaiiett9.Cliftoa 
Hoii9.Cfiftoiiftora. 
H'lrtMb a-Hanifllan 
Aadflnoi ft on. v. xlioriilon 
Sttwv.Rna 
Miuhair9. HiU 
^rton9. Brooka 
TtBDbtaaa. Chadwiek 
1^ Major fte., Govemon of 

St Bvthokmiov'a Hoapi. 

Hdfaip9.Fnttftaii. 
Codriaitona. Curiewia 
TovBibaida. Windn 
Hel7er9.Cotterdl 
8tiBkT9.HajeB 



I>oe d, JjBfy 9. Home 

HodgkiDflon v. Wyatt 

Reono 9. Bennett 

Doe d. Lery a. Aloock ft on, 

WhittiDgton 9. BoxaUft on. 

Edwarda 9. Gilbert ft on. 

Dawionv. Daera 

M'Intoah 9. New CoD^ 

Cootea 9. Hopkina 

Lewia 9. Meretfidi 

Tbe Qneen 9. Tlie Major fte. 

of Swanaea 
Goddard ft an. v. Ingram 
Milea 9. Boogh 
Wolealey ft an. 9. Cos 
Same 9. Same 
Williams 9. Ford 
Bache 9. Martin 
Yickery 9. Bead 
Tlie Qneen 9. The InhabUanta 

of Challacombe 

HiLAKT Tbam, 1842. 
Smith 9. Walpole 
Hall 9. Feamliej 
Wright 9. Gk>Ter 
Rosa 9. Clifton ft on. 
Same 9. Same 
Gregaon 9. Rode ft on. 
Same 9. Same 
Hemp 9. Garland 

PAPER. 

The Cheltenham and Great 
Weatem Bailwiy Company 
9. Daidel 

Wright V. Watta 

Clark 9. Jfloninga 

Sntton 9. Jabet 

Rnasell 9. Shenton 

Mittlhohwr 9. FoUarton 

BeUo. Lewia 

The Sadlen' Company o. Jaj 

Hoggina ft on. 9. Goraon 

Strong 9. Ramaaj 

Price ft an. 9. Qnarrdl ft an. 

Timma9. Williama 

Garton9. Robfaiaon 

Milton 9. Griiiin ft on. 

Brana ft an. 9. RnAwd ft on. 

Vorlej 9. Hibbert 

Briaco 9. Fell 

White 9. Cnllingford 

Berry 9. Chmdet 

Cohiaghi ft an. 9. Ward 

Tmoey V. Taykir 

King 9. Graenhfll 

The Clarenoe Railwiy Co. v. 
The Great North of Bqg- 
land, darencot and Haiilo- 
pool Jonction Railway Co. 

Constable a. Oabaldeatoa 

The Eaatem Coontiea Railway 
Company 9. Falrdovgh 

Same 9. Cooke 

Samoa. Gellie 

Same 9. Robertson 

Meroeron a. Webater 

Yatea 9. Aston 

KighUey 9. Schofield ft an. 

A|^orpe 9. Hq|^ 



Foe Eabtm Tbbm, 1842. 
Krv/Diay. 

Ex ptrts Anthony 

BMtoailey9.Kidd 

Tebbatta.Ambkr 

Seoiigdl9.Campbdlfton. 

J«wea9.Mi^ 



ENLAROBD RULES 



Challoner 9. Bny 

Black 9. New Col]0ge» Oilbfd 

Same o. Same 

WflUams 9. Pttnton 

Bosanqnet ft on. 9. Graham 

Same 9. Same 

I>oe d. Reea 9. HoweOs 

The Hmn 1^* Haney 



The Qneen a. Langlay 

Same a. Same 

The Qneen 9. The Maachaster 

and Leeda Railway Co. 
The Qneen a. The Sheriff of 



The Qneen a. Bingham 

Sfcontf2>a|r. 
Marston v. Darey 
Fknlv. P1«r"r 
Orman 9. ChQTer 
Bryant 9. Kni^t 
Ex parte Haalaiam 
Alexander v. Porter 
White 9. Carpenter 
Bury 9. Clench 
The Qneen 9. The Mayor of 

Harwldi 
The Qneen v. The Mayor of 

Sndbnry (2 oaaea) 
The Qneen a. GrierKm 
The Qneen a. Rowley 
The Qneen v. The North of 

England Railway Company 
The Qneen V. The London and 

Greenwiflh Railway Co. 
The Qoeen a. The Jnstloea of 

Middleaex, St. John, Stun- 

ibrd, ft St. Pncras 



The Qneen v. ThaMuMtaali 
of Pemridge 

TUrdlk^. 
Anderson 9. Harrison ft aa« 
Brittain a. Lloyd and Wife 
F^urella. Adama 
Ex parte Peacock 
Spenoe V. Claikaon 
Tke Qneen a. The Jnatbea of 

the Weat Riding of Yorksh. 
Samoa. Same 
The Qneen a. The Bfayor fte. 

ofNorwkh 
The Qneen 9. The SheiBeld and 

Manchester Ralbray Co. 
FbnrfADiay. 
AtklnaoQ v. Jonea 
Haokaon a. Ballard 
Johnson a. Matthewa 
Boaanqnet a. Houghton 
The tfieea 9. The Jnatioaa af 

Cheahire 
The Qneen a. Herman 
The Qneen a. TVy ft on. 
The Qneen a. The Coaunra. af 

Weatminater Sawan 
The Qneen v. Anowamith 
The Qneen a. Tbo Jnatioaa of 

the Weat Ridinff of Yoriuk 



HfMHIffCT 

Same - 

Same 


CROWN PAPER. 
Rm. v. Lady E. Poaaonby ft on. 


Lancaahira 

Camarr onshira . • • 
Middlesex 

RSIMX.. .. ■ 


Tnli 


AbitantaofMaaeheatcr. 
labitanta of Tipton. 
labitanU of Bodenham. 
Uiam Gamon Hughea ft an. 
urdians of the Poor of St. Luke. 

iirehwmrd«na leA. of Vanow. 


Inh 

Inli 

Wl 

Chi 


Hnll - 




Deronshiro 

Dniham 

Middlesex 


Inhabitsnta of North Borey. 

Thomas Wealand and othen. 

Inhaba.ofSt.BlartfaiintfaeFleUu 


Cot 

SITTINi 

Friday.. 4pn715 

Satnrday 16 

Monday 18 

Tnesday 19 

Wednesday.... 20 
Thursday 21 


}S— EASTER TERM, 1842. 


Peremptory paper Ifldd. 1st sitting. 




Friday 22 

Saturday 23 

Monday 25 

Tuesday 26 

Wednesday.... 27 
Thursday 28 


Enron Ixmd. 1st sittlag. 

Crown casea 

Special paper MIdd. 2nd aittiag. 

Special paper 


Friday 29 

Saturday 90 

Monday. ..Jr^2 

TOeaday 3 

Wednesday.... 4 

Thnnday 5 

Friday 6 

Saturday 7 

Monday 9 

Stamoino ron Ju 
iitwed Miek. Tom 
Daly 9. Thompson 
Hohnes 9. Poole 
Fnrsdono. Qogg 
Rawdon ft an. a. Wi 
Ftantioioyv. Jonei 






. ••.«•.. Ditto by a^oniat. 


' ...'.r... Midd. 3rd dtthig. 






new! 

DOmiffT. 

1, 1841. 
ntworth 


rRIALS. 

Fon AnouMBXfT. 

Moved Hihrf Term, 1842. 

Bain a. Comr ft an. 
Rapsona. Cubltt 
Thornton ft an. a. Otfriea 
Hone 9. Ramadale 
Hoiao t. Bnudalo 



il» 



T»» #URJ«f. 



Mm4 j^nr i^ M i^ if Ih^ihlfm 

Hilary T^, l^%. Smith & u. «. 

Hartv.Wj^ |l#9to9, 

$Fe(;|A^ PAPBR. 



lUmaMtsJram BUwp Vufm, 

^TANDIN« worn JuaOMSKV. 

ionfaM&on. «. I^ik^ 
Foa Am«0]iB<fv. 
Skey V. Fletchor 
Vliyiof «. JkthUm it am. 
Pyer v. Stevens 
de« iL Mwdir «. liiMdiH 
A. J. 4f—w<" •• €oeper 



W. E. Apraiqfn v. Coqjper 
Mabin v. f ownaend 
QaaringtM r. Alter 
Jones V. GQfl447 
Eaglesfield v. MW#9 
Pasooe V, YfVfm 
Dakins v, s^^v yji j 

Daed.V9^PeW994t¥b 
De Wint^ 4^ «Vt «. (OR 
Rus8dl&Wj^fW^W4h 



FfiEBMPTORY PAPER. 



Saiurday, April 16, 1848. 
HalUfsx v: Hi«kes 
Hatdiin|oii «. Hughes 
ChfMeBFOok km* 9. Pic^Efofd 
Smith V, Jjoi^fsr 
Smith V. Moor 

S?9 



Neilson .& on. v. HailM 
iomi V. Afis & M. 
Adlingtoa & ors. v, Cdss 
GeU «: Wttiiams 
Crowley ft era. #. WrMit 
Re>dk&^». «mE 



TUESDAY, Apsai. 

DSeLARATIONS OF IN80L¥BN€Y. 

HENRY GRATTON, feiTcrpooL ha^^r. 

EDWARD SMITH, Lawrenoe-hme, woollen and fimcy ware- 
honsensD. 

JAMES FISHER, Lyan, NoiMk, spifiC neichaat. 
PANKftyPTS. 

JAMES BEDFORD, WestiaiDster-road, Sttnty, inmi^cttger, 
April 15 ft 1, and May 17 at U, CouK of BahkniptcyTOff. 
ass. liackipgton; SoK Maybew & Co., Carey-st.4 Lincoln's* 
hin-ftelds.— Fiat dated March 22. 

BENRY HEWARD, Waltbam-cross, Hertfbrd^ire, inn- 
keeper, April 15 at 2, mi May 17 at 12, Court of Qank- 

' ruptcy: Of. aia. Johnson; Sol. Scott, St. SCldsed's-ct*, 
Poultry ,--riat dated April 1 . 

XHOMA$ PLOWMAN, YeorQ, Somenetddr^, Saddler and 
harness maker, April 12 and May 17 at 12, Antelope Inn, 
Dorchester: Sols. Watts, Teovil; Fennell Ac Williams, 32, 
Bedford-row.-Fla/t dated Marsk 10. 

WILLIAM 40B]$RT fUlYhlfi, Bm^lep, Northumber- 
l4Bd« Ifapw manufacturer, April 29 at 11, and May 17 at 1, 
Commission -room, Newcastle-upon*TyBai Mb. B/g^att 
fr PbUiipKmi Newcastl^-ujiion-Tynei H^gison & Co., i, 
King*s-road, Bedford-row. — Fiat dated Manfh 26. 

WILLIAM BUSHELL, Bveshain, WoroQBtershire, inokcenar 
and wine merchant, Apri) H »«d Mmt 17 «t 11, White Hart 
Inn, Eresham: Sols. Cheek, ETesham; Bell, 36, Bedibsd^ 
n>«..— Fiat datfd March 21. 

JOHN HOUGHTON JONES, MaoifiMtcr, spirit sMrchant, 
April 2^ a»d May 17 at 10, Coixunissiqiisrs<>rooma. Maft- 
chester: Sols. Russell, Manchester! fii»iwer H Back« i^ 
Chanoery-Iane —Fiat dated March 9« 

JOHN FLINTIFF, Rastrick, Halifax, Y^ikshirv, inidkecmar, 
April 26 at ll.and May 17 at 12, White Lion Inn, HaUbx: 
Sols. Barber, Brighouse, near Halifkx; iUckards & WalksTi 
39 f Unaohi'sruin.iields.— Fiat dated Mardl» 26. 

THOMAS FIRTH, Elland, Halifax, Yoikshire, naltstw, 
April 25 at 4, and May 17 at 10« White lion Iqa. SalUas: 
Ms. L. and S. N. Alexander, Halifkxi Emmett Bt AIIm^ 
14, Bhx>msbury.Bquare.-<-Fiat dated March 22. 

GEORGE REACH, BardweU, Suffolk, miller, Apdl 15 aad 
May 17 at 12, Globe Inn, Bury St. Edmwids: Sols, <V>MM» g 
fcXing. Walaham-le-WiUowsj Hawkins, New BoswefllS!; 
Lincoln's-inn.— Fiat dat^d Manh 19. 

JOHN BRIDLE, Shepton Mallet, Somer9et8hire,ffrooer and 
tea dealer, April 14 and May 17 at 11, Mitre Ion, WdXs: 
m^ IMti, m^tfm MiUflrt; Terrell, 9, Tokenhonse-iaid. 
— Kat dat^ March 29. 

Mjwraros. 

Bath, Sommmmui^ hmkmt April27atj^ WMt»HMtlwi» 
ud. ac.i itpnl m I* Ui yr* d.; May 2 at (l« 4It., 



Commi|#(N^rs'.i:fl9n#. |K«^^|iester, pr. d.— /. Sp»fc, W«(t. 
hoathly, Sussex, Apri^ 15 «tMf-put 11, Govt ol Baqknmtcy, 
*, m,rrMdw, TMf. ffwrgyf Church-st., St. Maij, ««». 
m^iPlh IpbO^ p^ikr, #Bd $reat Georn-^tceet, Bermqndiey, 
jap^UNBer* April 9^ *t ^j V9Wrt of Ban&np^^ U^ ex.— JTes. 
Phippi ColiJ^ihl9, IMMNt^f Kent, dyer, April t$ at 1 , Owl 
of Bj i|i »fi P^ gy , iaf^ M^.-7)MMtt Seddot^ aod Qpnye Mdm, 
Calthorpe-pJiiiQa, £ifay'SHUW»-f9ad, aph<dstererB, A^ 15 at )|, 
Court of EMtJ^u^, Ut^p^y-^mmei .©jr, |dflcombe Rqjjs, 
fhmitlW^ ^tm Aftfv, 4pril 12 at 11^ %in^M Arm im, 
Dorchester, last i^^^TA^f- FUt BalU, Ynssatl-road, Brntoo, 
and Va^f h«JI-r9ftd^ IiWNt|i« coach proprietor. Ajwfl 28 at it, 
Court of Bukjffq§l»j, mfi^§e,^F^^, npt, IPerf, Conmur. 
cial-w^irf, Comm^fial^^ Lambedk, ooa! jnercfasnt, April 

27 at 11, Court of Bsnksiiptey, and. ae. — 4Uom DeHaun 
Clark, Straiid. f i)4 Fiebh^tenstreet^ W^tediapd, oewipapff 
vender, Apr^ 9/ ft IZt XSonrt of |Sa&kmpt^, and. sc.— 
Robert Ric^npdfi, Jmifot firiat^i, and /amei Ooier, Shsdw^ 
««p»HVi«)^ei9« A|^ ^j$t Mf'past 12. Court of Bariknijitey, 
aud. ac.— if; M^Ml^iy Vld '^o, JokfuoH, Harrow-read, stone, 
masons, AjprU 23 at 11, £ourt of Bankruptcy, aud. fc-^Jes. 
QreenleeSf Frida^-st.^ Chei^dej shawl jrarehcaxBpaBSn« Apdl 

28 at 12, Court of Bankruptcy, and. ac. and dir. — W. Jutf^ 
Northumberlandrjit., Straiullf tailor, April fS at 11, Gomtof 
Bankruptcy, aud^ ac, and ^.^^Ann PhiUipjt nd /. PhiB^ 
Whitechapd-road, window |(biss cutters, Apifl 16 sttlfCoQit 
of Bankruptcy, And. ac. and div.-^oAn Cbtneft, iSraveRod, 
hotel-keeper, April 28 at 1^ Court of Bankruptcy «id. ic 
and diY.>-4. lAfUi, Ironnto-wharf, Paddington« nay jilei- 
man, April 28 at half-past li. Court of Baxikruptcy, and. ic 
— Robt, Powell, Brighton, linen draper. May 2 at 12, Town- 
hall, Brighton, aud. ae.-J^. AMer, WL JB. WyUt, and Ju, 
m&Ur, BradslMsr, Mar Boiton-le-Mooas, Bn/i Citftfm^mlk, 
near Manohartsr, hJaaehars, April 29 at J« Gommmmta*- 
roomi, Bolton-le-MawB, «ud^ ac. — Job, 4flMM» l i w si yao i 
printer, May IS at 1, CJaiwidon-raMBa, linenpoel, «lid. ac ; 
at 2, div.— /sM^ t/asMorlft, Liverpool, joiner« May 12 at t, 
Clarendon-rooina, Lsrarpasl, aud. an. ; flt 2t ^vi.^WUKm 
Southwortk, ttiarpisB, Lanoadiire, shopkaeper, Aoril^ it It 
Commissioness'^ooms, Amni Hotel, Boltoa4^Moar9, sal. 



ac.— /SicA. Pottmr, Birkeaon, maar CUMflf , 
99^ John PeMer and Jm. Patter, Manchester, masvMwn, 
May 8 at 11, CommiBrioBsn'^rooms, ManiWas, sud. se.-^ 
Ckas. Daly, «ad Lioa^q.* kookseUer, April m tt hflf-pait L 
OawFtof Batdcn^tey, div.«*^5tem/. Parker, AwU-^Umb, A*, 
gent-st., laaup maker, A^28 at 2, CoavUf £aBknip(flgF»<0' 
div.— Moiy mm^tt, On. U. GlmmU^ and l^lM. f* etm- 
eott, Onat Qandaa^.^ Wldtechapel^nadt jasMwr imwrfcimH. 
April »7 at 1 , OamtMrf Bawkwiplny , 4ai>^ Jah^Siiiras (tack- 
ton-npon-T^aa, Bttrfaa^ fraoer, Aprils? sMk U, BMtiiO 
Inn, Stockton, aafl. «o. 1 at 12» ikr.'^Qom^e Fjimttf, h^ 
castle-upw-Tyna, sraniii Jr^pwr, April (Ms^ 11, BflVii Ar- 
cade, Newcasda-vpaB-l^M, aud. ac. and ^.r-^A* Mffjr, 
Burslaw, StafTavdshisa, 4nkac|)er, A|M1 « at 1«, itoiviiait 
Burslem, aud. i«. ; «t 9, >««.— S^roi/. CbrlM#tt> teal M- 
ton, Lancashfaia, tounagar, April 27atil, SMUta^ M- 
«»n4a-|i«Ms, flHd. «a. ; at I, div.— JtSfMr JtaM^ Im 
•akoa, Lmnslihv, «««ta&-spinMtv A|arUfi7ati, CaaMMlr 
a laaa w '-naoma, Q«aat Balton, and. ac. ; at 2, firataiui ia. dfv. 
<-^fet. LmrimOf Wkndbmtr, commission atfaat. May U H 
12, Cea i w i i Brtai i B W i' aaa i a a , Manchester, pr. 4.( il 1« aad.al. 
^Ueob PlateAsn INana f«0irej»«r, and MM^ KiMa% Pii|t- 
croll, Bodsa, Lanartdia, <»ttaa ayiaaaw, AJpril t7 at t^ Q*; 
rendon-rooms, LNarpanA, ^. d. 1 at 12^ aaA aibi^tl Bmvtr 
and IZieA. ^Mwwarf A, ^Parrington, and MuiiilM ilPr, iBa>g » 
spinners, Miy 19 at II, CaB>anssionesi^»> rta aia> Maacfeiitir, 
pr. d. ; at 12, aud.«i. > 

CaaruricATia to be allowso» 
CTii/ett QMia aftwaa I^IA^tdafawy, ea vrktfimAP^^ 
Geo. Matkin, Chorlton-upmf Medlock, Manchester, grocer. 
-/oAa Drewilt, AffMM; SaiM^ krtl«f.-/oAa SamU^ 
nard, Norfolk Anns* WhitaCoadatOlelds^stetpalkr^^HaKir 
OMaat, Uami ngt oa-priPBi, Warwickshioa, lii^Nr merdtfoc- 
— r. F. BealeemiAJ. M. IkaUe, Manchester, dryssjfmW. 
Siddone, J4u,ji. Vf^athet^vA John Siddof^Jui.,Jfojit^ 
Wanriekshira, ocad nastara^r-^oAa Jervii^ *^'_?!?!jr 
shire, draper.-*/aAa 4fil^la(m$, Hmnaloar, ' 

data ■**»'**>*»««fe- 



Manc^haplirx r 



ruB JVBiny. 



195 



^ Apw aiid IF. J?, ^mitk, Clu«o«7 JMie. atttomiqp wd 
.•rr6^. auii9* fUm. Jemwrn, and ^. P. Ciiyyii^, 

Scofca 8j(Ava«rKMMoir«. 






■Mtv — IFw. J9iittm^ OfMMcky sbip baidv. 




INSOLVENT DEIffORS 

lic«icr» mmy ba femne4 at ihi «/|ce, m PoHuyal-H., Lm^ 
fkft-in-^eids, on fiving tkt fiwi^fr i^ffAe Gm«. 
Jbmr 7WA«m, ^ocbdale^ Igancasbirr, iron-foimder« No. 
SBAP.; Geoi^ Beixini; aod J«mei Clogg, assignees. — 
tAnthpi^ Sharp, Clkeetbam, Maacheater, out of business, 
No. UJ24C.; Robert Leachi assignee. — John Topping, 
Sf^ftat near Wigsn. Lancaafairet out of business, No. 58j544 
C ; ^wu ttuby , assignee.—/. JSkowtmith, Ilkler, near Leeds, 
■I ■ i f i II, K9. M,66a C. I DmnA QottSA Mi L. Gpdidiott, 
-Gm. Wmmnt, Cardiff, OlaaoigMaUra, isabinat- 
ii«.M3i4C.; mm. Onanalada, aasig^aa.— /aa^a 
, Cwi«, atanaru, Cumberlaiid, di^er, Na. M,896 
€.%Thm.€Smmghtn, aasigMe.~JMe^Unl IFr^/, WiMon, 
LnaiAira. tailor, No. M.2MC. ; im. ffar- 
C. Wry, OaddBiijUm-gtaaa, Kaa- 
iio.M,7««T.t John AjM OiHieawoith 

IBrig^s, iMMOlnaUra, ticeaaBdw- 
taailer. No. 49,668 C. ; Wm. Lowa, aasignaa^nf Aaa. /«f. 
Brif/OK, HamiltaB.^laDa, Mair nMd. elaiic. No. 51.522 T.; 
• tilujhetmare, aasigitae.^-ITtog. Mad, lirislal, aad- 
,1U.M,905C.; TImw. Ililey, aasignae.-^Tra. JMial/, 
Suiblk, watdhwaaker, No. «8.MTC.$ Hmuy 
i. — TVIaa. Amtt^n, Nawoastle, OlaisuMfaBshiva, 
ttt ofbwsiiiaBs, Ka. 40,(17 C.| Tlioa. £f«ns, aMgMa. 
Tk^foiiomng PrHonsn are ordtred to be brtrnght ^ b^e 

i*e Qemrt, tit Porhtgid^ML, on Tuesday, April 26 ai 9. 

Was. il^ppyy Harlevj Great Titcbfteld-street, Marylabone, 
HwaBl i wm ggx. — /as. €bot«, Bayswater, tailor. — Wm. Hpay 
flbr, lifajeniiaJBL-marlcet, poulterer. — Juiimta Ohver, Bc4f- 
flaid-plaee;, Hanmstead-road, comedian.— /of. Po^e, KiQg-ft., 
Banwglh, out of tnusness.— /amw Behkam, jun.. Bride-lane, 
^ Uik^a, ^lopaian to a i^oemal^er. — William JHf. Bemyoti, 
puMn ^ood-Qonrt, SlKye-lane* Fleet-street, out of business.-'— 
Asa. AoidlfteAeor, Hannibd-road, Stepnej-green, carpenter. 
— Aav. tifaitett, jnn., pull's.fields, Woolwich, Kent, oat 
af lii|uiieaa.— ^Knry Cforif;, i^nton-street, PentonTille, tea- 
teler, ^ul Straw's'^ard, London-wall, coffee-roaster. 
4pm 7i»Qtihe MW^e how and place, 

Mifri Jbiid^ Brovpton, gentleman.— ^FV^rtici' 4f. WeUh, 
Berton, near Hounslow, schooioaaster. — Edward T^qf^eiKfen, 
Aiboor-street West, Arbopr-square, Commercial>road East, 
lak^mo^-rlfoml. Bei^, P&nons, Toilc-road, Lambeth, 6>re- 
Wtatatat enipneer, — John Jfwnn, Kingsland-rosd, barman.-T- 
hunmi (SHi^ Chordk-Btreet, Bethnal-green, balcer.— /omn 
jhay*i| ? y g, Satitbampton-tcrrace, Southampton-st., Penton- 
vile, Ihjterer.-T-fFfH. Ouhe, Hoxton, agent for the aale of 
jpsdoiicrf • — Jtobert Worhy, Castle-street, Falcon-square, 
JUdengsle-ftreet, trade-agent.— r^ftmnot Mortimer, AlbaiQr- 
aoart-pff9t PiccadHlyj awom derk in the Six Clerks' Office, 
tbaqeerf-tae. 

Qmrt^Matiae, IdPfOisaTiaft, iMceBterehire, AprUZ^at 10. 

/aoua Ckwie, {jeloqitBr, hosier.— /aa. Chamberlaiu, Hiack- 
kf. lyecbman. — de«o. C^roce Warburton, Leicester, cabinet- 
BHker. — Bd» Wtofion, Wimeswould, Loughborough, fanner. 
^oAa WktJtIn, BurbuM, near Hinckley, shoemaker. — Wm. 
"^ ; 'j|ifabf«-de4a-EoQeh, ^inBterinary aurgean.— /. Paget 
tf avt of inufaieas.^^TmNfMaJBMar. Sfientoni Leicester, 

Cnrt'honee, Northaiiptok, Ntnthamptonehiref April 28 
at 10, 
Wm^D^ani^ Holaq^, pk-dailer.s-rAtfaiaf D. Thaofpftm, 
""" ■ >, taa-^tor.-r^ rii^oiaKi^ >Jorth«»|?ttP,. 



tinbfir-dealer.-*IFi«(m Jr4;i«»jw^ Sikemmi^, ipirTpfr- 
oeater, timber*dealar, 

Charts Lomgetaffe, Willoughby Spa^Ji^uMt UTanricMire* 
hatb-propciator. 

iNaoLywnr Dsbtoeb' DivipsNpg . 
Pa/sr Arro^»emitk, heXXej, Lancashire^ cottao-sploper, 
April 7, Rowley & Ta|rlor'8, Mancbeiter : 2a. Id. in Uie posnd. 
"Biebd. But, £s^., Caa's, fiiaa^Una, Bncklwsbary : ^.%d* 
iAthepoiuML 

MiiTiNoa, 

Edward Pugh Owes, Egryp, MerioDethshinu fiuviar« 4pril 
26 at 12, Golden Uon Inn, DolgaUy. Merionethshire, sp. aff. 
rr- Wm. Ben. Chas. Salmon, Uaauncton Pjriflr9« Waivick- 
jhire, buUfler, April 28 at 2« GriifinTs, Lawningtoxi Mocp. 
ap. affiura. — -^ — 

FBJDAY, Apail 8. 
DECLARATIONS OF INSOLVENCY. 
LANCEIiOT BECK, Briatol, broker. 
MARTH4 BROWN aad SAMUEL BROMLEY, DfiQta^, 

Maachaatar, hat BsaBBfactttran* 
CHARLES CROOI^ (Seoise-y^, Um$^9m. luraryiUbk- 

fceqpar. 

BANKRUPTS. 
HJSNRY RJCKET. liaory^, PentoaviUe, dfdkv iq wi^e 

#ad beer, AprU 19 aod May SO at half-past 11. Court ^ 

Banknip^: Off. pia. Alaagers Sol. Spycr« Bcnad-alaRaf^. 

Wildinga.— $%it dated April 7« 
JOHNOWEN, Cbarah^ Woolwich^ oowkemr mA tpU^- 

JPMA, April 15 and May20 at 9^ Comt of Raoknwti^: Of. 

4Ma. WbitiaorBi Sola. WiUoi^gbby dc Ja^iie^ CUOvd'a^inii. 

—Fiat dated April 7. 
FRANCIS CAB£Y, NottuyeipaBi. hOter, April 15 at 1« j«^ 

May 20 at 12, Coar(t af Bankn^tej: Off. aasp Bakhar; 

Sols. Watson & Brought^o, Fajcoa-sq — Flat 4ated April 4. 
GEORGE CARRXNQTON, Alb^n-atreat. Hyda.|yark7hoi«e 

dealer and livery aUhlakceper, April }^ and Mar 20 at U, 

Court of Bvukni^tcy: Off. aaa. Gjresii; Sal. Foslar, 6|, 

Jarmyn-at., St James's. — Fiat dated April 7* 
WILLIAM FILMER and WILUAM SMITH GOODINO, 

Oabome-^, Whitechapel, brewera, April If at 1, mi May 

20 at 12, Court of Bankruptcy: Off.. aaa. Qihaonj Sola. 

Yoang & Son, 29, Mark^aae.-Fiat dated April 5* 
FRfiO^EUCi^ CHAPMAN, ManaeU^., Middleaes, wm 

saaFckaat, April 18 at hatf-jpaat U, And May^«t 2|, Co«Kt 

af fiankjif4>tfif : Off. aaa. Graham; SoL Lan^S Id, Bval^- 

lerabury.— Fiat dated March 24. 
WILUAM ROBERTSON WEBB, Knigfrtabrijge^arracf, 

ICi^gbtsbridge, wine aoarchaikt, Apnl 23 at 12, and Miv ^ 

at 1 1, Canrt of Banhruptcy: Off. aaa. Groo«| Sak laji^e 

k, Co., CoUsjge-hUi.— Fiat dated April 2. 
ABRAHAM CROSSFISLD, Wbitachapd.roa<|, and H^- 

i<us4's Farm, X^qfWaa, Kent, acriTaner an^ hop plantor, 

A|»ril 19 ft <, aad May 20 M 18, Co«rt of Bavknwftcy ^ Of . 

aaa. £dvarda« Sols. Hsridiaarsh d^Sai^ GraMSpt, Jea^A^P^i 

Cripplegata-T^Fiat dated Api^ 6. 
RICHARD PA.LLI6ER, Moargata-at.. Loadaop aaddhr and 

haraasa maker, April 23 and May 20 at L Cowt of Ba«^- 

raptcy : Off. Asa. Giooaai Sota. Wuadt Qhildi 9, ^U ^- 

4iwa'a4a«e.^^Fiat dated April 7. 
DAVID BOLTON, Kiimta«H^pa«*Hntt, imirBacgahaat, 

AprU 19 and Mf^ 120 at U, George Ina, iCii^toB*4pw- 

Hidl: Sola. OaUovay & Co., HuU; Hieka 4k Mwri^, ^, 

Gray 'a I«».iq.— Fiat dated April 1. 
SAMUEL CARTWRiGUTSNEADJ^ Wa¥artrea,»s«r 14- 

varpooi, tlniber.4naaahaiil» A4^80andMiqr;20alL Cto- 

aaado«4!oama» LtaeipoQl: Sola. Owana, Nasten^ Iftwl- 

gamarysbin: Maaoiu Uvarpoali WUilJii & Ca« ^pkan- 

hoiise-yard.— Fiat dated Apnl %. 
MMCS BONNY, Uverpool, tailor and drapv*, Aprfl 16 awl 

May 20 at I, CUiaodan-foonis* Liveippoelt Soli. Evavi, 

Liveiyool ; Ke«y<m H Stona, Livaivo^ls Oliver^ 36. 014 

)ewif. — ^Fiflit di^ April d« 
JOHN JOHNSON, Laada. ^oarnqpinBar, dLpnl 29 at 12, a«d 

May 20 at 10, C<>iroisid»nirB'*yooBas, Laada i Sola. ShadiVh 

ton, Laeda; iMItya li Cab, Channw y . l a i a t i— ll iw t 4alM 

Marcb 26. 
FREDERIC WILLIAM OOUGH. Pavoaaiba. Varafoad- 

ahira, date ai4 cfcwaMu April 26 aPd Mif^«^ 12* W«^ 

«9i^ Holik lmnmmm^ Sok. MtmmmIL IjmmMtn 



IIM 



THE JURIST. 



JAMES COLE, Kettering, NorthBinptoiiiliira, woolttapler, 
Ma]r2 atll, ud May 20 at 2, George Inn, Kettering: Sols. 
Manle, Huntingdon ; Egan & Co., 23, Esiez-st., Strand.— 
FSat dated March 8. 

JAMES CLARKE and ROBERT P. CLARKE, Leeds, 
mnsic sellers, April 22 at 2, and May 20 at 12, Commis- 
sioners'-rooms, Leeds : Scds. F^jne & Co., Leeds ; Theo- 
bald, Staple-inn.— FSat dated March 23. 

WILLIAM HANBURY HOPKINS, Worcester, enrrierand 
leather catter, April 19 and May 20 at 12, Foley's, Wor- 
eester: Sols. Fobjr, Worcester; Blower ftVixard, 61, Lln- 
coin's-inn-fields.— Fiat dated March 12. 

MSBTlllGS. 

Jf. Schkiimger and M. 8. SehieHmfftr, Basin|^-street, 
merdiants, April 22 at 2, Court of Bankruptcy, Ust ex.— Jor. 
C. Clarke, Water-lane, Great Tower-st., wine-merchant, April 
22 at 1, Court of Bankruptcy, last tx.-^okm Parkm Hope, 
Athentone, Warwickshire, builder. May 6 at 12, Red Lion 
Inn, Atherstone, last ex.— TAof . Hutiffirtp, jun.. Great Stan- 
more, Middlesex, bricklayer, April 29 at 11, Court of Bank- 
Tvptcf, and. ae. and diT.— ^cnry Cutle, Lucau-st, Rother- 
hlthe, ship-owner, April 30 at 11, Court of Bankruptcy, and. 
ae.— ^cnrif GmtM, Fleet-st, brush-manutSMturer, April 30 at 
1, Court of Bankruptcy, aud. ac. and dir. — Cktu. Jlotel/ow, 
Black Bull Inn, Holbom, tarera-keeper, April 30 at 12, Court 
of Bankruptcy, and. ac. and diT.— fFin. Biaim, St. Andrew's- 
road, Southwark, draper. May 2 at half-past 1 , Court of Bank- 
niptcy, aud. ae,— C H^ Weigali, Conduit-st, Regent-street, 
tauor, Blay 2 at half-past 12, Court of Bankruptcy, and. ac. ; 
at 1, ^T.— Osor^s Carpenier, Chelmsford, £ssex, chymist. 
May 2 at 12, Court of Bankrupt^, aud. •e.^Iktvid Humutjf, 
Carendish-sq., banker. May 2 at half-past 11, Court of Bank- 
ruptcy, aud. ae.— TAor. Heikim, jun.,Thoriey, Hertlbrdshire, 
horse-dealer, April 29 at 10, Court of Bankruptcy, aud. ae. ; at 
half-past 10, fin. ^t.— IFin. HubbU, Dartford, Kent, miller, 
April 29 at half-past 11, Court of Bankrupt^, aud. ac. ; at 
12, fin. dir.— /oAii Heywood, Heaton Norris, Lancashire, cot- 
ton-spinner. May 16 at 11, Commisrionen'-rooms, Manches- 
ter, and. ao.—IF2//<«m PemmnfftoH, Marple, Cheshire, grocer. 
May 3 at 11, Commissioners' -rooms, Manchester, aud. ac. — 
Johi Brown, Birmingliam, yictualler, April 29 at 1, Waterloo- 
rooms, Birmingham, aud. ac.— Geo. JHekton and R, Otover, 
Liferpool, seed and spice merchants, May 4 at 1, Churendon- 
rooms, Literpool, and. ac.; at 2, fin. dir.— JS/ix. C. Ba^ford, 
Jo9k, BmJffbrd, and /oaqpA Bat^ord, Manchester, ironfounders. 
May 2 at 10, Commissionen'-rooms, Manchester, dhr. joint 
est.; at 11, sep. est. of Joekua Ba^fitrd; May 3 at 11, aud. 
ae. sep. est of B, C. Baiflnrd and Jooh. Bat^brdf at 1 2, div. ; 
at 1, aud. ae. sep. est of Joeeph JSa4^br«f.— IFiii. Burgopne, 
Plymouth, DcYonshire, builder. Sept 7 at 11, Royal Hotel, 
Plymouth, aud. ac. — Tkomat BUyat Molyntux and Pereival 
WHherhy, Lirerpool, merehants, April 30 at 1, aud. ae. — W, 
Bhmt ^otbrookt, LtTcrpool, money scrivener, April 30 at 1, 
Clarendon-rooms, Liverpool, aud. oc—Jokn Parker, Oeorye 
Parker, Joteph L. Parker, and 7^lo«. Roherte, Birchin-lane, 
merchants, April 29 at 12, Court of Bankruptcy, fin. div. joint 
est oiJokm Geo. Parker,— Anihony O. Jr. BUtdtUph, Jokm 
Wriffht, Henry BoHaeom, and Bdm* Wm, Jemmykam, Hen- 
rictta-st, Corent-garden, bankers, April 30 at half. past 11, 
Court of BankruptCT, dir. sep. est. of Bim, W, Jemmykam, 
*^Cka». Kniyht and Pet, Kniyht, Ivy-lane, Newgate-market, 
salesmen, April 30 at 2, Court of Bankruptcy, div.— 3!lofiMt 
Hnimm, lime-st., drysalteri April 30 at half-past 2, Court of 
Bankruptqr, dir.- iin^'iit Dnnean and Chat, Danean, Token- 
h^ttse-jwd, merchants, April 29 at 12, Court of Banknqitcy, 
dir.- Ifarin Hypp, BeUemoU, Pomroy-st, Old Kent-road, 
manuficturing (Aemist, April 29 at 12, Court of Bankruptcy, 
fin. diT.— ViM. Maddox and Georye Bienkam, Watling-street* 
warehousemen, April 29 at half-past 12, Court of Bankruptcy, 
fin. dir. joint and sep. est. — Joe, R, Hani, Manchester, flour 
dealer. May 2 at 10, Commissionen'-rooms, Manchester, aud. 
ac; at 11, second and fin. div.— /or. Wood, Manchester, laoe 
dealer, Mav 3 at 11, Commissionen'-rooms, Manchester, aud. 
ac. ; at 12, diT.— -il. CU^kam, Frian Goose, Gateshead, soda and 
alkali manuihctnrer, April 29 at 11, Bankrupt Commission- 
room, Neweastle-iqKm-l>ne, and. ae. ; at 12, first and fin. div. 
r-/. O. Skaekiee, Khinton-upon-Hull, linen-dnper, April 
SO at 10, Geoige Inn, Kingston-upon-HuU, and, ac ; at 11, 
dir.— /oAr JUcAm, JT^amae Biekan, and Ja§, Blake, Sunder. 
Inid, Dvham, aad Kingston-upon-Hull, tinners. May 8 at 2, 
ZhmpMnAm l»h SontalHid, n4«i6« i at 9| dir.*-^Affac 



Taylor and Uriah Taylor, Mdtham, Ahnondbary,Toriulure, 
dothien, May 4 at 12, Pack Hone Inn, Hnddersfield, nd. 
ae. ; at 1, first and fin. div.- /oAn ^wkm, Leicester, honer, 
May 12 at 12, Castle of Leicester, and. ac ; at 1, dhr.^M. 
Weeiwood, Birmingham, gun-maker. May 3 at 12, Wsterloo. 

1, fin. div.— fill 



rooms, Birmingham, aud. ac ; at 1, fin. dkw.^8Upke» Rh 
yere, Newport, Monmouthshirs, grocer, June 1 at 11, WoU 
gate Hotel, Newport, aud. ac ; at 12, dir.— ^eAuBsm^l and 
Arihar Voule Barrett, Kiiq;ston.upon-Hull, ei^-maatifK. 
turen, April 30 at 1, Geoige Inn, Kingitoa-upon-HvU, isd. 
ac; at half-past 1, first and fin. div.— Gee. fFileon snAJL 
BHddon, Manehester, maehine-maken, Bfay 3 at 12, Cm» 
missionen'-rooms, Manchester, pr. d. ; at 1, and.8c and dir. 
sep. est of Geo. WUaon.^^. 8. Dainiry and /. Byk, Mta. 
Chester, bankers, April 30 at 10, ComaBlssionett'.nMBN, 
Manchester, pr. d. ; at 11, aud. ac and div. sep. est of Mi 
8a^h Damiry,Siehard Stmthall, jun., Birmingham, ner. 
diant, April 30 at 11, Waterloo-rooms, Birmin|^bam, pr. i ; 
at 12, aud. ac and div.— fiSsmne/ Baetwood, HoddenfieU, 
Yorkshire, woolstapler. May 6 at 11, Geoige Hotel, Huddcn- 
fidd, and. ac ; at 12, div. 

Ceutificatbs to U ALLOmiD 
Unleee Caaee ehewn to the contrary, on or before AprUI^, 

Georye Bdward Debenhant, Bayham-etreet, Camdan-towa, 
builder.— Gl«ff. Trtgnte, Abridge, Lambourae, Basei, riota- 
aUer.— Bei(f . J^eriee, Newport, Monmouthshire, iraomongcr. 
'--Joe. Webb PUeher, Crabble, River, Kent, miller.— ffi/ta 
PerHne, St WoUoe,. Monmouthshire, ship-builder.— J?«rr 
Adolphae Baber, lindfidd, Sussei, maltster.— JC^ftarl Btm 
and Bobt, Wayman, Barbican, wire-worken.— Jle*. />tA««/- 
olUe Laeae, Bridget, Southwark, money-scrireoer.— IFm. 
BUon Ponien, Ludgate-hiU, chemist and druggist.— JBtend 
Wame, Lisle-st, St Anne, Westminster, carpenter.— Ifik 
B. WhUer, Bristol, builder. 

Scotch SuauBSTAATioirB. 

AU». Whamond, Dundee, merchant— XrfKAfsn CSsrIiftd 
Joehaa Mareee, Greenock, ship-builden.- Jfo^erl 2M4foa 
and Con^fany, Dumbarton, grocen. — Wm. Cropper, Edm- 
burgh, pidnter.— rAot. Guthrie, deceased, BurnsidiB, Balsoo- 
nel, Menmuir, Forfiurahire.— lioM. (H^^hant, Kirkaldj, rape 
aud sail-maker. 

INSOLVENT DEBTORS. 
The foUowiny Prieonere are ordered to be bromyht brfert tk 
Cowri, in Portnyal-et., on Friday, JprU 29 a/ 9. 

Bobert Clark, Jermyn-st, St James's, dentist— IFi//>in 
CSsmeroii, Cullum-st, renchurch-street, and Grey's-bnildingi, 
Shadwell, bricUayer. — Mary Ann Marekall, Canterboir, 
Kent, milliner.— Jamet Oark, Ratcliffe-highwaT, out of boa- 
ness.— iVottctf Godbold, Stretford-plaoe, Richmond-roid, 
Dalston, out of bushiess.— ITin. Field, Shaftesbnry-plaoe, Al- 
deragate-street, out of business, — Geo, Hmmbert, Cambridge- 
street, Edgware-road, solicitor.— /oAii Haeeell, GanaaU-pL, 
Spa-fields, auctioneer.— T^lof. Mayraih, Mase-pond, South- 
wark, ginger-beer-manufitfturer.— JVerfA. Jaekton, Arliogtoo- 
st., Camden-towB, grocer.— .Am. Geo. Pearee, Allingtoo-ter- 
race. Back-road, St George's in the East, commission-agcBt 
and patentee of the screw fid. 

May 2, at the eame hour and place. 

Wm. Bromley, Leioester-sq., auctioneer. — Robert XMii 
Elisabeth-terraoe, Lirerpool-road, Islington, usher at Clerk- 
enwell Police-court.— T^lot. Cole, Rye-lane, Peckbam, Svrqr, 
retailer of beer.— JBsiy. Bdwin TW^m, Great NorthiDptoa- 
street, St. John-st., Clerkenwell, watch-maker.— Jar. iTory 
Boyere, Cleveland-street, Fitsr^-square, cabinet-maker.^^ 
AlUeton, SUrer-st., Wood-st., Cheapside, hair-dresaer.— Jb|* 
Pamham, Hounslow, furniture-broker. — Jhoe. Cepm, Bed- 
font, near Hounsbw, farmer's labourer.— /oAu Clark, Qoeeo- 
st, Cheapside, out ofbusiness.— lio&tfrl/ofier, Horrick'i-roir, 
New-cross, Hatcham, Surrey, near Deptford, Kent, tailor. 

Court^houte, Northampton, (County), April 28 al 10. 

Richard Inyram, Northampton, eating-house-kaeper. 
Coart^honee, ATLuaBumr, Backinykamehhre, April 30 el 10. 

Richard Mead, Laoey-green, Princes Risborouh, Cumer.— 
ThomoM Coa, Aylesbury, agent to a oeal-merttant— /i*M 
Pooey, Great Marlow, retailer of beer. 

MSBTINOS. 

Fredk. F. A. Steele, Stapleton, GlouoesteraUre, aolidtor, 
April 29 at 2, George Inn, Shepton MsUett, sp. aff.— TtaM 
Jld fy«i,^F ishguard, Pembrokeshire^ maiiiiBr, April <3 it Ih 
ooowQPoft'f I mfocfo(4iroft| ap. gfl^ 



fSE jVniif: 



w 



mHtbywttm^ in thb practice of li» ASSimANCi. 



A^HnMyr mid SoUHkfrw. 



55, ebMioerjr-lMto, 9tli Ap^ 184S. 



r^ fte eoiiT^iiieiice of persons in the Western an^ Caitral Districts of London, find partkei^rly of Gentlen^ 
£ onmeded with the htm, Thb Lowftoif , B0tnbvroh, and DitbLin Lift Ass«AAife« Coupxitr hate SMAed i BiMksh 
Oiee It 93, CfMaeery-laiie, wbere F fospect m acs, Formt of PropoMli, s&d erery other Mformatien eOttMcfied wkh the I ll iii S 
of tie CampaaT, may be procured ; md where BzanniiMtioM of ratiea whose Lives ere pro)^o«ed ftw AiSttfaMe ifttf h» tittesSi 
Oi Pbikaes dMted, as at the Ckirf Ogie^pfihe Cbmpmry, in CharMfe-rtm^ Mmigkm^houn, 
lovr attentkm is soBcited to Soine of the duHiigukhing festai^ of this Companf , whieh have been in tr o^ Ni tf fl d Sfteif ttlaMM 
t]ainafi)H. sndalkieh will be most contenieiitly poiated out by referring to Policies, a» Money Tramaetion aiM9JPkMM||f 

10HB7 TltANSACTTON FOL1Cn5&.---Toiir profesiloiial eaperienee and aeqaa^***'^ ^^^ ^he receii<da Of thi^ Gottrts 
«fUir lad Eqaitj, most have conrinced you that considerable chan^ were required in the praetioe sad rales of Lift €Mloes> 
is Tender Als efassof Folieie« valid sad onimpeachable doenments of seearity, which no aaforMoa chvaaislaaees or faAni^ as- 
ddcBti oooid invalidate. This Company has eikfeevoared, sad they think snooessfiiHy, to reader their PbfieleS im iadefetrifele 
tadMgoOiUertcQrities asispOBsim, o0as{8teQt^f with a dae regard to the safety of the eoatrM^hig par^s } sad tfa etfeel tlfil 
(^i^ da Company has introduced the foHewing cTaase into thsir Deed of Settlement : — 

Clausi 78.—'* 7*Aaf tfMry Po/I^y iatued by the Company ekoU be indrf^mfible and indi&putabiej and fke fac^ ^f£ke kmthm 
4mwkmdm«Utametaai^tbid€neerfiii9 9aUMf; ttndit iJkaUnoibe lawfni for th^ Company io delay pa^mani f^ tlfe 
wme$ mmd iker^ky^ am Ms yrtmd of amy error, mieiaJke or omierion, however important, made by or on the part qf ike 
pmmmpenmm ^teimy the mmes and tkatt on the contrary, the amount reeeivabie under the eama ehall be paid ai the 
tJaei^fiSakd Jjp lAs Pokey, ta the parmm entitled thereto, aeifno eueh error, mistake or omieeion had been made or die- 
maei, mkte Me JPHtHey ahaU haoe been obtained by fraudulent mierepreeentaHon/* 

FAMILY PROVISION POLICIBS.— In the waU^foandsd belief that Life Assurance business is profitable, persons Bsskiaf 
piiiisas fsr Hwsr faenHirn. sad eooleasplatiBg a long duration of time between the date of the Poliey aad the daim to arise 
■ia il, giaisiBjr prefer Assaiaacss which noay carry with them a right to participate in the profits to be realized by the Com- 
wdngths eaAancy of thstr PolSeiss* By the Deed of Coastitntion ot this Company, the partiinpatxng Assured are efk- 
iiWlste WHOLE OF THE MUTUAL PROFITS, asif theyhsd been Assured m a purely Mutual Society; amlffae^ 
)an,tk1kA9mng tMsay the secnsifcy not only ol the Funds of the Company, srising from the aecamulated premiums, bat s1b6 
Ik proprietary tnmkt and ssdMcrlbed CapHal of the Oonpaay. To the Shareholders are allotted only those profits Which sire 
ndmi by ths hitertmeat of their 0wn paid oap^, aad firom the eitcess of the premiums derived finmr the Non-partidpatfai^ 
Aanawn. Tbii skmIs gf DivisiOii of Profits is pecaliar to this Company. 

lo onler to provUb afdnsi the defeat of a Policy in the heads of a CREDITOK, by the DBBTOR, whose Life is Asstired 
kniBj^ tlie conntnr, and going beyond the pi - escribed timrts, the Company grant WHOLE WORLD POLICESi, wharsby, on 

"tioa of reeeiviDg an extra premium, varying in amount accordlag to the oirmiastanees of the case, buS fixed aad Atb^ 
{ at tlie tnne of issufaig the Policy, the debtor, on whose life an Assuraaee hss been effMted, is eatitled to go to ar leilde 
a lay part sf the world, without invalidating the Assurance. 

tb enade a party to efl^ an Assurance st the LEAST POSSIBLE EXPENSE, end to entitle him to discontinue il at a 
)■ acrlfice ftan by any other plan, a seven years' Naff-premium eyetem has been introduced ; aad, apon compSrhig Qia fol- 
Iiai^ sdie with any oOier which hss been devised for reducing present payments, it wiU be seen how much more ecooomicdly 
a laa transaction can be fortified by diis kind of Policy than by any other. Tha Hakf-premiam systan possesses a further ad.- 
na^ orer temporary Assurances, or those for a Term of Years, from the Assured having the optioa of oontiimin^ for Lir£i 
fir Mcy which he may have procured for a mere temporary purpose. 

HALF paaisiuM caaaiT tabib. 



Afal&. 

£ -9. d. 



AgeaO. 

£ 'i d, 
19 » 



Age 25. 

;e 7 d. 
1 7 



Age 30. 

£7. d. 

I 3 7 



Age 40. 

£ T d. 
I II 5 



Age 45. 

£ 9, d. 
I 16 6 



Age 50. I Age 54. 



£ 9. d, 
2 3^ 



£ 9. d. 

2 12 5 



TiKGQIilfiiSSION allowed to Attomles is m. per oenC. upon the first, snd 5/. per cent, apon aU fotnra premaaBid » and 
tk Commission oontmues to be payable to the Attorney, who cosspleted tiaa Assorsace with the Cosspaay, a " 



, be paid by ollMarSw 
ntaMsr itmk^Skiird day U Tkmnday, bui PolMeemay be oHaimd 



^slthoaghthSfoeaM 



ip day beiujiMt iha Kowre ef \^mAh, 
ALEXANDER ROBERTSON, MaifAaAa. 
DIRECTORS 
KBNKBTT KlNOSFORD, Esq. Savage Gardcas, ChuAnnan^ 
BENJAMIN IFILL, Esq. Welbeck-streeC, I>eputy Chairman, 



^hCL A^Bi^llSON, B*i. Tork-pfaMS, PoctaMa> square. 

JOHN ATKINS, Esq. White Hart-court, Lombard-street. 
JUttft BIBDEN, Bs^. 9pa^ Ba^s^coavt. 
^^' V. IRAKDRETH, Soeta Vasitter CNuds. 



JAMES HARTLEY, £s^ MecLlenbacg^-aqasre. 

JOHN M'GUFFIE. Esq. Osnaburgh^treet. 

JOHN MACLEAN LEE, Esq. Seething-lane. 

J. MARMADUKE ROSSETER, Esq. Kenmogtoa-tssraDf . 



ju.Ai*,^ f H. H. CANNAN, Esq. Finsbnry-squara. 
-*'^*^'\ ROBERT E. ALISON, Esq. ConahiU. 
A^Mlorvr-Messrs. PALMER, FRANCE & PALMBR, Bedford-row. 



JaaysUithsd* by S. Sweet, I, Chancery-lane i and V. & R. 

TgN^^te t vols., WfA Iftao., price 2i. 2s. boards, 
fi« PRAC?riCE o# the COURT of QUEEN'S 
IBENCH, in PERSONAL ACTIONS snd EJECT- 
5JNT. B^/. p, ARCHBOL0, Esq., Barrister at Law. 
^Se iiaih Sfiiloo, thorot^y revisea and remodelled with 
i|g™» to aft Ae bte faaportsnt Statatory Changes m the 
V*^> and iddadfng the Ded$t(»is of the several Courts of 
If to Ui<^aeliaai Tern, 1939. By THOMAS CHITTY, 
S!3;*5fiM liner Teanle. ladadhig the PRACTICE of the 
wUfiTSctf COtfMON PLEAS and EXCHEQUER. 
Jj?^MS sf PRACTICAL PROCEEDINGS m ^ 
m^ 4 <iUBKK'& bench; COMMON PLEAS, 
«*l»»KnrM^omrEA^ By Tm>»A« CHITTY, 
Citaptete in one v^l. price 2is. 






Stsveas & G. & Norton, 2fi aad 39, BeU-ysrd, Liaosla's la*. 

NEW EDITION OP ARCHBOLD'S CBIMIKAE 
PLEADING AND EVIDENCE. 

ARCHBOLD'S PLEADING and ETIDEKCE hi CRl- 
MINAL CASES; with the Sttftaces, Preeedea€s of Sddlelt- 
ments, fte. aad tbe Erideoce necessary to support them« The 
Eighth Editioa, by JOHN JERTI8, Esq., Barrister st Law, 
with a Patent of Precedence. 

Mr. SERJEANT GLOTBR'S LAW of CORPORATf ONS. 
Price 1/. l9. boards. 

A PRACTICAL TREATISE Olf THE LAW O* 
MUNICIPAL CORPORATIONS, with an Addenda, conr 
taming tbe MunfcipsI Corporation Amendment Acts; stso 
Manuscript Cages and Reported Deciidonv td Trinicy TOtt), 
1841. By WILLIAM GLOTE*, LL. JT., *l)esnf«flMLa#. 



19S 



THE JURIST. 



UNION REVERSIONARY INTEREST AND ENDOW- 
MENT COMPANY. 

CAPITAL £600,000, in 60,000 Shares of £10 each. 
Deposit £Z per Share. 

Several Gentlemeii hATing aaaociated themaelTes for the Pmr- 
chaae of Rereraioiii, Polidea of Aararanoe, and Life Intereata, 
upon ftir and equitable Terma, and for gnmtiqg AnnnitieB and 
Endowments, under the above dengnation, are desirous to ob- 
tain the co-operation of others disposed to aid them in their 
undertaking. 

ApDlications for Shares and for District Professional Agendes 
ahoiui be made to Messrs. Richards & Bramah, SoHcttors, 15, 
New BosweUrConrt, Lincoln's Inn, on or beftire the 30tii of 
April, as a Meeting of the Shareholders will be convened early 
in the following month for the election of the Directors and 
other .Officers of the Society in accordance with the Provisions 
oftheTrdst'Deed. 



AW AGENCY.— An Attorney, whose Office is near 
Temple Bar, is desiroos of obtaining the Ageney of a few 
Solicitors on reduced and liberal terms ; he was Thirteen Years 
Clerk in an Agenej Office, can be highly recommended, and is 
vrell acquainted with all branches of Agency Business. Ad- 
dress A. B., Mr. Lidiard, Law Stationer, 21, Carey-street, 
Ltncoln's Inn. 



nno THE PROFESSION.— S. DEACON, 3, Wal- 
X brook, intimates his intention to DISPOSE of his exten- 
sive Registry and Index to Notioes of Heirs, Next of Km, and 
Persons entitled to Property; with a complete Set of the 
London Gaiette, from its commencement in 1665, bound, with 
Index; and a Series of Daily Newspapers, bound, fh>m 1730 
to 1830, and which, with proper publicity, would, it is pre- 
sumed, lead to a considerable accession of business. 



LAW BOOKS AND OFFICE FURNITURE. 
Mr. HODGSON vrill SELL by AUCTION, at his Great 
Room, 192, Fleet-street, (comer of Chancery-lane), on 
MONDAY next, April 11th, and following Day, at half- 
past 12, 
T/ALUABLE LAW BOOKS; including the LAW 
V LIBRARY of J. SYDNEY TAYLOR, Esq., Barrister 
at Law, deceased, (by Order of the Administratrix). Among 
which are— Irish Statutes at Large, complete; Hamilton's 
Hedaya; Bytbewood & Jarman's Conveyancing ; Viner's and 
Bacon's Abridgments ; the Reports of Vernon, Peere Williams, 
Atkyns, Strange, Eden, Brown, Vesey, Veaey jun., Vesey & 
Beames, Merivale, Swanston, Jacob & Walker, Jacob, Turner, 
Russell, Russell & Mylne, Simons & Stuart, Simons, Beavan, 
Schoales & Lefiroy, Coke, Croke, Levins, Saunders, Shower, 
Salkdd, Lord Raymond, Wilson, Burrow, Cowper, Doug^, 
Dumford & East, East, Maule & Selwyn, BamewaU & Alder- 
eon, Bamewall & Cresswell, Bamewall & Adolphus, Chitty, 
Blackstone, Bosanquet & Puller, Taunton, Broderip & Bing- 
ham, Bingham, Espinasse, Campbell, Holt, Starkie, Carring- 
ton & Payne, Phillimore, Crompton & Jervis, &c. Modem 
Treatises and Books of Practice. 
To be viewed, and Catalogues had. 



M^ 



VALUABLE LAW LIBRARY AND MISCELLANEOUS 
BOOKS, AND LIBRARY FURNITURE. 

[R. VIGERS begs to annonnce that he has re- 
ceived instructions to submit to unreserved SALE by 
AUCTION, at his Estete Agency Offices, 22, Chancery- 
lane, on WEDNESDAY, 13th April, at 12 fbr 1 o'clock, 
a COMPLETE LIBRARY, Ute the property of a BAR- 
RISTER at LAW; containing the Statutes at Large, by 
Runnington, Tomlins, &c., 26 toIs.; Bacon's, PetersdoHT's, 
Rollers, and Viner's Abridgments; Comyns' and Cruise's Di- 
gesU; the best Editions of the Reports m Chancery, Common 
Fleas, King's Bench, House of Lords, &c. by Adolphus & 
Ellis, Ambler, Anstruther, Ball & Beaty, Bamewall & Al- 
derson, Bamewall & Cresswell, Bamewall & Ellis, Bingham, 
BHgh, Broderip & Bingham, Brown, Campbell, Comyns, Coz, 
Dow, Dow & Clarke, Dumford & East, East, Jacob, Jacob & 
Walker, Lee, Maddocks, Maule & Selwyn, Moody & Malkin, 
Myfaie & Craig, Price, Russell, Ryan & Myhie, Showers, Si- 
mons & Stuart, Smith, Starkie, Swanston, Taunton, Turner 
H Russell, Vesey sen. and jun., Veaey & Beames, &c. Also, 
Howell's State Trials, Encydopsdia Britannica, Gibbon's 
Rome, ead many other equally valuable Works by the most 
emtaeiit Authors.— May be viewed, and Catalogues had at the 
Avetkm OfloeSf 22, Chanoery-Ume. 



SMITH'S LEADING CASES.-Skcovd Bditiov. 
Two Vols, royal 8vo. Price 2/. 8«. boards. 

A SELECTION OF LEADING CASES on vuiou 
Branches of the Law, with Notes. By JOHN WIL^ 
LIAM SMITH, Esq., Barrister at Law. 

The Second Volume of this New Edition, is nld sepmtsly. 
Price 1/. 3f. boards. 

MARTIN'S CONVEYANCING by DAVIDSON. VoL 
5, Part 2, royal 8vo. Price 13«. in boards. 

The PRACTICE of CON VEYANCING ; contauiiig Fn. 
cedents with Practical Notes. By CHARLES DAVIDSON, 
, Barrister at Law, and Fellow of Christ's CoOq|e, Cim. 



A full and general Index to eomplete Ike whole workwfll 
shortly be mdy. 

A. Maxwell & Son, Law Bookadkn and PnbiiAen, Be&. 
yard, linooln's Inn. ^ 



THIRD EDITION. 

LETTER TO LORD LYNDHURSTnponthesab- 
ject of the AppeUative Jurisdictioa of the House of Lorii,- 
the arrears of business in the Common Law Courts, tlw Lool 
CourU' Bill, and the Registry CourU, andWals of Ccntro* 
verted Elections. By THOMAS DAX, Esq., oM of ^ 
Masters of the Court of Exchequer. 

'< The suggestion of Master Dax, hi fait very able letter to tts 
Lord Chancellor, to have a jurisdiction finr causes of infenor 
amount within the jurisdiotkm of the superior courts, is s voy 
valuable one ; and we would impress it upon our resden, and 
those persons in authority who have the oonduot of die alten* 
tions now about to be made." — Ltg^l Oiierver, 

V. and R. Stevens & G. S. Norton, Law BookseUen taA 
Publishers, (Successors to the late J. & W. T. Clarke, of For* 
tugal^street), 26 and 39, Bell-yard, Linooln's Lm^ 



Just published, price 2«. 64. 

AN ESSAY on the PRESENT STATE of the UW 
respecting EQUITABLE MORTGAGES by DEPOSIT 
of DEEDS, with Remarks on the recent Dictum of Lord 
Cottenham in the Case of WkUworth v. Gat^eta, ai to Ue 
priority of Judgments executed over those securities. Bj 
SAMUEL MILLER, Esq., Barrister at Law. 

** The author's statement of the law of mortgages bj depoilt 
is dear and concise, and may be read with advantage ai a ncit 
resum^ of the cases." — Jurist. 

« This is a well-timed essay on an important. snbieet; Mr. 
Miller has, with much care and ability, gone over aU tiie nici 
bearing on the subject." — Lml Observer. 

H. Butterworth, Law Bookseller. 7, PleeUstreet 



CHANCERY REPORTS. 
This day is published. Pert 1 , VoL 1, royal Svo., pries 8ff. M. 
sewed, 

REPORTS of CASES amied and detennined in tht 
HIGH COURT of CHANCERY hi IRELAND, 
during the tune of Lord Chancellor SUGDEN ; commeado; 
with Michaelmas Term, 1841. By HENRY CONNOR nd 
JAMES A. LAWSON, Esqrs., Banisters at Law. 

Arrangements have been made for the publication of thii 
series of Chancery Reports, with the utmost piomptitndi and 
accuracy. 

DnbUn: Andrew Milliken, 104, Gnfton-atreet, bookieller 
to the Hon. Society of King's Inns. London: Mesm. Ste* 
yens & Norton ; S. Sweet; and all the Law BookseUen. 



Price lOt. 6if. boards, 

A SUMMARY of the DOCTRINE of the COURTS 
of EQUITY with respect to COSTS, deduced from th6 
Leading Cases. By J. BEAMES, Esq., one of her Majettj'i 
Counsel. The Second Edition, with considerable Additkni. 
S. Sweet, Law Bookseller and Publisher, 1, Chancery-lane. 

Of whom may be had, 
CONCISE FORMS of WILLS, with Practical Notei. 
By W. HAYES, Esq., and T. JARMAN, Esq., Barristeri tt 
Law. Third Edition, much enlarged, price 12*. 6rf. bds- ^ 



S* Orders for THE JURIST cItmi to say NewimaB.orkttffi 
(pott-pald) lent to the Office. No. S, CHANCERV LANK, or to V.a B. 
STEVENS ft G. S. NORTON, (Suoeenonto J. ft W. T. Clarke. Utt 
of Portugal Street), 96 end 90, BELL YARD, wiU insult Its piu>«^ 
delivery In London, or lu being forwarded on the erenlng of puMxt* 
tlon, through the medium of the Pott Office, to the Conatry. 



London : Printed by WALTER M^DOWALL. Paiim*. 4. Pi*- 
asaTOv Row. sad Pnbliihwl by STEPHEN SWEET, -BoosiSUsa 
and PuBiiBuaa, S, CuAirf b»t tA«a. SsldrAaf , Aprfl •« IMk 




No. 275. 



LONDON, APRIL 16. 1842. 



Price Is. 



T%4 /oUawinff are the Names of the Gentlemen who favour Thk Jurist with Beporte ofCkuet argued and 
decided in the several Comii of Law and Equity:-^ 



HoueorLonb 



r E. T. Hood, Esq. of the Inner 
\ Temple, Barriiter at Law. 

^. ^ ^ J!, JTenison Edwards, Esq. of the 

"^^^*"" \ InnerTemple,BarristeratLaw. 

Hook of OoBmons Elec* f A. V. Kirwan, Esq. of Gray's 

ban CoBBittees \ Inn, Barrister at Law. 

He Lord CbanoeDor's fE. T. Hood, Esq. of the Inner 
Govt 1 Temple, Barrister at Law. 



Hsster of the RoDs Couxti^'J' ^>«2''' Esq. of the Inner 
juMT w UK SM«» ^wur* -j^ jemple. Barrister at Law. 



of Bug- fTxNisoN Edwahds, Esq. ofthe 

Isnd's Cout \ Inner Temple, Barrister at Law. 

Tke-Chsnodlor Bmce's f W. W. Coopbr, Esq. of the Inner 

Cosit \ Temple, Barrister at Law. 

Tke-CkaaeelkM'Wignim's fE. J. Bbvir, Esq. of Lincoln's 

Cout \ Inn, Barrister at Law. 



Court of Queen's Bench 



{ 



E. KsMPsoN, Esq. of the Middle 
Temple; and 

. J. P. Smith, Esq. of the Inner 
Temple, Barristers at Law. 

Court of Common Pleas/''- ^: Ma»8hmax, Esq. of Lin- 



coin's Inn, Barrister at Law. 



Court of Exchequer . 



r W. M. Best, Esq. of Graj's Inn, 
'*\ Barrister at Law. 

Ecdesiasticsl and Admi- f Robert Phillimorb, Adrocatt 
raltj Courts \ in Doctors' Commons. ■ 



Court of Bemw 



fF. Fish BR, Esq. of Lincoln's 
[ Inn, Barrister at Law. 



LONDON, APRIL 16, 1842. 

Thb new Bankraptcy Bill (see ante, p. 98) differs 
in MBK important particulars from the existing law ; 
and in order to fi^ilitate the labourof those of onr readers 
▼Iran ineUnation or interest may lead to analyse and 
OQitfider Uie propositions embodied in the proposed law, 
we will point out the material differences in the order 
of the clauses. 

At pttsoii, tha petitioning creditor must, before any 
^ can be granted, give a bond to the Lord Chancellor, 
conditiooed for proving his debt, as well before the 
commisBioBers as upon any trial at law, in case the due 
iming of the commission be contested ; and also for 
pnmog Uiat, at the time the commission is taken out, 
dte party had committed an act of bankruptcy. The 
object of the bond is to prevent the fraudulent or mali- 
cioQs taking out of a commission. 

This is, by clause 3, to be done away with thus hr 
—that it is to be in the discretion of the Lord Chan- 
«dWr, on a petition for a fiat being presented, to dis- 
fOBe with the petitioner's bond. 

The next new feature of the proposed measure is, the 
povergiTfln to the Court which shall be authorised to 
Jffoeeed in the prosecution of the fiat, to cause the party 
against whom it shall have issued, to be apprehended, 
and to cause his property to be seized under a warrant, 
if the Court shall be satisfied by evidence supported by 
the oaths of two or more credible witnesses, that there 
is probable cause for believing that he is about to quit 
the conntry, or to remove or conceal any of his goods 
with intent to defraud his creditors. This seems, if- 
strietly guarded, a very wise provision for the protec- 
tion of creditors against an unprincipled debtor. 

By tiie present law, a commission may be supported 
by an act of hankroptcy committed at any time pre- 
▼ioQs to the sealing of the fiat. It is proposed by the 
Vol. VI. N 



new Bill, that an act of bankruptcy shall not support a 
commission, if it has been committed more than twelve 
months before the issuing of the fiat. The rule that aa 
act of bankruptcy concerted between a bankrupt and 
the petitioning civeditor will not support a fiat, is to be 
abolished by sect. 8 ; which proposes, that a bankruptcy 
concerted between the bankrupt and any creditor, or 
other person, shall not invalidate the fiat.* 

Sect. 10 nearly follows the Bill proposed during the 
last Session of the late Parliament, and adds to the 
list of persons directly liable to the Bankrupt Laws, 
livery-stable-keepers, coach-proprietors, carriers, ship* 
owners, auctioneers, apothecaries, market-gardenen^ 
cow-keepers, and some others ; persons who, at pre- 
sent, can only be included sub mode in the class of 
persons liable to the Bankrupt Laws; that is, who 
are not within those laws merely as canying on their 
respective businesses, but only if they carry them on 
in a particular way. Livery-stable-keepers, apotheca^ 
ries, brick-makers, for instance, and in fact all who, 
not being traders in the strictest sense of the word^ 
fall within the definition of persons who, either fi>r 
themselves, or as agents or factors for others, seek their 
living by buying and selling, or by buying and letting 
for hire, or by the workmanship of goods or commodi- 
ties, are at present, as it is well known, liable or not to 
become bankrupts, according to the mode in which they 
carry on their trade. For instance, a livery-stable- 
keeper is not liable, as such, to become a bankrupt ; but 
if he add to his vocation of a livery-stable-keeper, the 
buying of hay or other food, and the supplying of such 
food to horses standing in the stables, or selling again 
such hay to anybody, generally, then he is liable. So, an 
apothecary who sells drugs only to his own patients, is not 



* A. fiat is not impeachable merely on the ground of con- 
cert (1 & 2 WilL 4, c. 56, s. 42, and Es parte CaUeeott^ 
Mont & Ayr. 600). But a concerted Act of Bankruptcy is. 
(Ibid. 603.) 



THR XtritlST; 



liable ; but if he also sells them to any peraon applying, 
he is Uable. Again, with respect to brick-making, salt- 
making, and many other trades, or i|t least vocations in 
the nature of trades, it has been held, that he who 
makes the saleable article from the produce of his own 
land, is not liable to be a bankrupt ; whether he is if 
he buys the materials for the purpose of making, and 
does therewith make and sell the saleable article, seems 
unsettled. ( Aichbold's Bankruptoy, 0th edit. p. 4^ and 
the case there referred to). 

All these unsubstantial dbtinctions are a fruitful 
source of litigation, and are,, we think, wisely removed, 
Bo far as it extends, by the 10th clause of the Lord Chan- 
«ellor?s Bill. But there wlU still be left open questions 
as to many vocations which ape, in their nature, princi- 
pally professional, but, in their incidents, trading* Thus, 
for instance, teachezs of the fine arts cannot be said, in 
strictness, to seek their living by buying and selling ; 
yet they generally do buy. and sell the materials with 
which their pupils are supplied, and they do so as a 
part of their, means of obtaining an income. In a sense, 
therefore, such persona seek their Uviqg by buying 9tkd 
selling. Whether^ such persons vould fall within the 
^Bankrupt Laws has never, we believe, been decided, 
though it has b^en held, indeed, that a schoolmaster is 
not liable to be made hankmpt, by reason of haying 
l>Qok9 mi selling them to his sohdiara^ 

Sections 11 to 20 intreduoe an e3(^nsion of the pre^ 
sent law. By th^ 1 & 2 Viot. c. 110, s. 8» it is made 
an aet of bankruptcy if a tender, against whom an afii^ 
davit of debt of a certain amount is filed in the Conrt of 
Bankruptcy, shall not» within twenty-one days after 
service of such ^davit, pay such debt, or oomponnd 
for the same, or enter into a bond to pay such sum as 
shall be leoovered in an action whieh shall have been 
hreught. This principle is more fully de