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:v^7/. / 






THE 



JURIST. 



VOL. XVI.— PART II. 



CONTAININa 

ORIGINAL ARTICLES ON LEGAL SUBJECTS, 

ALL IMPORTANT STATUTES, 

THE RULES AND ORDERS OF THE VARIOUS COURTS, 

THE GAZETTES, CAUSE LISTS, 

AND MISCELLANEOUS LEGAL INFORMATION, 

FOE \ " 

THE TEAR 1^2: ... 

.WITH AN 

ALPHABETICAL LIST OF BANKRUPTS, 

AND 

INDEX OF PRINCIPAL MATTERS. 



LONDON: 

S. SWEET, CHANCERY LANE; 
V. & R. STEVENS & G. S. NORTON, 26, BELL YA3D. 

DUBLIN: 
HODGES & SMITH, GRAFTON STBEET. 



1853. 



^ 



LIBRAi^Y OF THE 

'hi AND ST A S FOR D, JR., UNIVERSITY 

LAW [EPARTMENT 



S^,M^ 3 



INDEX 



TO XHB 



GAZETTE OF BANKRUPTS. 



A. 

Asnix* J., 166 

Ackroyd, J. W., 126 

Addif, H., Onions, W., & 

JUoyd, E., 253 
AlaiMon, T. 6., 202 
Amerj, J., 15 
Anderson, T. U., 9 
Aigent, T., & Pctiit, P., 73 
Annstrong, J. B., 423 
Arnold, C, 432 

T.,34 

Axtignes, J., 474 
Asbborner, G., 246 
Album, C. J., 402 
— H., & Springs, S.. 

otherwise Springs, S.S., 365 
Astlej, A., 380 
Atkinson, A., 218 

J., 472 

Atmore, R., 417 
Atwdl, B., 434 
Angnst, A., 357 

J., & Angnst, W., 373 

W., 328 

AnsUn, W., 389 

Avery, J., & Street, S., 263 



B. 

Babb, £., 178 
Bacon, C, 24 

W., 457 

Bales, A., 79 

Bailey, C. P., 263 

Bain, A., 465 

Baker, 6., & Baker, G., the 

yoanger, 186 
Bakewell, C. S., & Steadman, 

C, 64 
BaQ, G., 289 
Balls, B., 357 
Banister. J., 168 
Banks, H., 166 
Barker, H. A., 357 

J., 46 

Baileyman, W., 434 
Barae, T. & G., ec Stander- 

wick, C, 224 
Banv», H. N., 113 

^ J., 105 

T. B., 54 

Barnsbaw, T., 465 

Barten, J. {not Barton), 442 

Barton, J., 434 

Baskett, J. R., 226 

Bate, W., 474 

Bateman, R., & Hardwieke, 

R., 46 
Bates, H., 105 



Bates, H., ft Williamson, H., 
140 

T., Sbeard, S., & 

Sbeard, J., 177 

Bsthgate. T., 200 
Bittersby, G., 318 
Baynes, W., 71 
Beckett, J., 634 
Bedford. J., 417 
Beims, P., 133 
BeU, J., 301 

R., & Campbell, G., 457 

R. H.,&Bell,E., 15 

T,, & Cbamp, A., 389 

Belletti, A., 442 
Belsbaw, W., 17 
Belton, C, 237 
Beniams, S., 150 
Benjamin, J. D., 141 
Bennett, G., & Booth, A., 73 
Bentley, J., 271 
Bertram, J., 80 
Rickerton, S., 24 
Btekford, J., 417 
Bingham, C E.. 238 
Blackburn, W. P., 209 
Blake, J., 192 

Bleackley, H., & Clark, E., 54 
Blnnk,J., 225 
Blnhe, J. B.. 425 
Bolderston, W., 263 
Bolton, G., 317 
Boon, J. B., 373 
Booth, A., 43 

A., & Bennett, G., 73 

Bonlrer, R. S.j 472 

Bowden, W. J., 465 

Bowers, J., 328 

Bowler, J., & White, R., 166 

Bowrin, J., 179 

BoxaU, J., 24 

Boyle, S., 200 

Bradbnm, R., & Holland, 

W. H., 434 
Bradshaw, £. T., 372 
Branch, J., 96 
Branson, M., 254 
Brett, H., 178 
Brewer, H. N., 329 

J. W. C, 27 

Bricknell, S. 217 
Bridge, W. H., 82 
Bridges. H., 178 
Briggs, W., 402 
Bright, G. W.. 289 
Brimacombe, J., 381, 389 
Bristow, J., 9 
Broadbent, H., 167 
Broadhurst, W. K., & Perry, 

J., 237 
Brockwell, J., 26 
Bromby, W., 73 



Brookes, S. H., 126 
T.,73 



Brooks, T., 246 
Brown, C, 202 
Bmee, W., & Cameron,W.O., 

262 
Buck, J., 238 

B., 184 

Buckley, S., k Shortridge, G., 

217 
Boll. T., 113 
Burford, E. J., 44 
Burlingham, J., 156 
Bnrls, J., & Harris, T., 17 
Burman, W., 254 
Bomip, T., 328 
Burnley, J., 179 
Butt, E.. 289 
Butterfield, R., & Wellington, 

W.,38l 
Byrom, T.. 34 
— W., Taylor, H., & 

Byrom, T., 46 



C. 

Cadman, J;, 98 

Caile, J., 52 

Caldwell, W., 66 

CalTert, H., 168 

Cameron, W. O., & Bmce, 

W., 262 
Campbell, G.,&BeU, R.,457 
Canning, C. H., 388 
Capper, H., 455 

J. B., 178 

Carlisle, R. T., 98 
Carr, W. T., 200 
Carter, W. R., 216 
Casey, M., 450 
Chadfield, G., 27 
Chadwick, G., 113 
Challen, J., 202 
Chamberiain, R., 97, 105 
Champ, A., & Bell, T., 389 
Champion, C, 124 
Clapham, G., 357 
Claridge, J., 209 
Clark, E., & Bleackley, H., 

54 
G., 253 

J., 64 

M., 82 

Clarke, C, 402 

Clarkson, E., & Mitchell, J., 

113 
Clayton, J., & Marsden, T., 

184 
Cobb, N., 423 
Coe, D., 455 
Cogar,W. A., 24 



Cohen, H., 289 
Coker, J., 194 
Cote, J., 328 

T., 489 

Coleman, S. L., 105 
CoUett, J. R., 366 
Collier, 0., 15, 481 
CoUins^J. H., 156 
W., 148, 167 



Colls, R., 455 
Cooke, H., 66 
W., 450 



Cooper, J., 7 

Copeland, J. L., 105 

Copland, J., 24 

Corby, T., 455 

Corken, A.j 225 

Cottingfaam, T., 27 

Courtney, C, 82 

Cowan, P., 455 

Cowdrey, T., 124 

Cowie, H., 381 

Crabtree, W., & Shepherd, 

S., 274 
CraTcn, J., 318 
Crawford, A., 301 
Cridland,J.,465 
Crocker, T., 177 
Crook, T., 401 
Croshaw, A., 43 
Cross, C. W., 417 

R., 217 

Crossley, T., 448 

Cuff, J., 177 

Curson, S.,&Cnrson, G., 217 

Curtis, R.L.,& Curtis, E.C, 

218 



Daines, S., 388 
Dalby, E. H., 317 
DaUow, J., 200 
Dalton, W., 9 
Dangerfield, R. J., 301 
Darke, W. J., & Porter, J., 

133 
Dauptain, J. B., 262 
Dayey, C, 344 
DaYies, H., 142 

J. B.. 254 

L..43 



Davy, J. H., 440 
Dawson, A., 388 

J., 133 

Dean, A., 82 
Deeley, B. S., 358 
Delf, T., & Tmbner, N., 289 
Denis, J. T., 71 
Denman, W., 66 
Dicks, G.T.; & Randall, J. D.^ 
178 ^ 



IV 



INDEX TO THE 



Dilger, T.,200 
Dilkes, R., 90 
Dobton, J., 432 
Doorbar, T., 263 
Dootaon, J., 423 
Dormor, J., 96 
Dorer, G., 186 
DowliDf , W., 218 
Drew, J. B., 218 
Dubbins, E., 166 



Eardler, S., 217 

Barp, J., 150 

Edmond, T., & GdbridU, A., 

200 
Edwards, J. W., 244 
Elborough, A., 73 
EUiott, J., 194 
Ellis, J., 491 
England, L., 272 
English, E.« & Biudish, £. F., 

465 
Evans, H., 165 
— J. L,448 
ETentt, H»f 424 



Fananoe, G., ftflpettigns, S^ 

133 
Fawkner, W., 434 
Fearn, W. R., 177 
Fegan, J., 52 
Fell, J., 440 
Fenton, A., 194 
Field, D. J., & Mo&imuc, B., 

the younger, 46 
FSilder, G., 432 
Fisher, B., 225 
" H», fii Sanfood, B« W^ 

448 
Fitchett, J., 52 
Flint, G., 17 
Footman, T,, 17 
Ford, D.M., 246 

J.,&Hadfidd,J.A^44 

Forfar, A., 345 
Forshaw, T., 423 
Foster, G., 97 
— — J.C.,43 

W., 62 

Fonlkes, W. J., 25 
Fooracre, M., 133, 140 
Fowkes,T., 79 
Fowler, J., 329 
Frankish, W. B., 167 
Franklin, J., 90 
Frsser, A. B.. ft Ligbtlbot, 
C, 73 

/.,105 

FtaeaMyn, T., 79 

Frost, W., 82, 88 

Fogill, J., 274 

Folkes, R., 318 

Foller, T., 425 

TjfSt, E. C, k, Fyffe, E. W., 

46 
— »- E., the ytnofsr, 417 



Gabrieffi, A«, He Bdinoad, T<, 

200 
Gardiner, I., 7 
Gardner, G^ 881 
Gash, S., 90 



Gaslej, J., 448 

Geller, J. G., & Reunann, J. 

A. C, 54 
Gibson, D., 254 

W. T., 148 

GUbert, G., 357 
Gill, J., 465 
Gillam, S. W., 301 
GiUan, J. H., 17 
Gillott, G., 71 
Gladwin, H., 24 
Goddcn, C, 440 
Gosliog,W.,4S 
Gooldin, J., 465 
Grear, R., 457 
Green, C, 104 

G. C, 216 

H.. 271 

W., 96, 423 

Greener, J^ 96 
Greenfield, C, 402 
Greenstock, G., 64 
Griffin, E. H., 318 
Grimshaw, J. R., 490 
Groose, M., & Sanders, D.C., 

432 
Goest, J., 373 

Gall, G., & WUsoa, F.D.,42 
Gullick, J., 148 
Gvmey, H., 253 



H. 

Hadaway, E. M., 206 
Hadfield, J. A., & Ford, J., 44 
Hadland, R., 156 
Haloro. R., 217 
HaU, J., Ill 

J., 104, 441 

/.,34 

Hampson, C, & Maokeflar, 

D. J., 257 
Hannam, W. T., 423 
Harding, R., 156 

W.,66 

Hardwicke, R., & Batsnan, 

R.,46 
Haidy, A., 98 
Barker, W. M., 366 
Harper, J., 344 
Harris, C. 8., 357 

J., 237 

— — T. 34 

T,] & Bvrls, J^ 17 

T» ., 66 



Harrison, C, 472 

G.,26 

J.G.,380 



Hart, G., & Hart, T., 71 
Hartley, M., widow, & Hart- 
ley, H., 271 
Hastings, H., 450 
HasweU, A., 237 
Hawkins, R. 26 
W.,54 



Hayes, P., 317 
Hayling, R., 26 
Hayman, H., 105 
J., 246 



Haynes, S., 113 
Haywood, W., 15 
Head, T., 167 
Healey, J. M., 177 
Hcani,T., 105 
Heathwaite, J., 273 
Heginbottoan, W. H., 185 
Henney, G., 96 
Hewitt, W., Ill 
Hewlett, F. R., 15 
Hick, J., 170 



Higginbotham, W., Ill 
Higgott, J., 202 
Hill, J., 434 

W. R., 184 

Hillman, T., 489 
HOla, A., 71 
Hindle, E., 416 
Hirst, G. E., 238 
Hitehmongh, P., 104 
Hoare, W., 318 
Hobbs, R., & Todd, R.W., 140 
HoUya, F. P., 167 
W., 167 



Hodge, W., 133 
Hoff, E. B. S., 79 
Hogarth, J., 388 
HoUamby, W., 289 
Holland, H., 90 

W. E., 64 

W* H», & BcM" 



bom, R«, 434 
HqIums, B., 44 

J., 301 

J. O., ft 



Y. L., 71 
Holroyd, F., 218 
Hooper, M. S., 105 
Hope, R., & Lodga, G., the 

younger, 278 
Hopkins, J. L., 368 
Hopklnaan, G., 25 
Hornby^ W., 291 
Horton, &, 202 

W.,44 

Hotten, J. T.. 200 
Hough, W., the younger, 90 
Houston, W., 9 
Howe, J., 291 
HuU, J., 80 

Humphreys, H. N., 202 
Hurley, J., 17, 44 
Hum, J., 200 
Hutchinson,T.,& Hi 

J., 274 



Ibbetson, J., 263 
Ingham, F., 64 
Ingram, J., 9 
I, I., 381 



J. 

Jackaman, H., 237 
Jacob, C, 472 
Jacobs, M. H., 425 
James, B., 472 

F., 150 

G. E., 432, 434 

H., ft James, T., 818 

J- T., 54 

J., 52 

R.,90 

R. S., 17 

Janes, J., 489 
Jenkins, T., 192 
Jenkyns, F., 490 
Johns, F. G., 105 
Johnson, C, 291 

H.,66 

G.,328 



Johnston, R., 105 
Jones, E., 346 

H.. 274 

J., 186 

R., 450 

R-.455 

S. T., 416 



Jones, W., 217 

W., ft Jones, C. J., 

132 
Jntium, J., 186 



Keddell, J., 271 

Keel^, J., ft Williams, E., 

Keen, M. A., 15 

Keith, D., ft Shoobridge, T., 

88 
KeUy,C.L.,209 
Kennett, D. F., 200 
Keron, J., 465 
Kerridge, W. J., 480 
Ketton, J., 15 
King, F., 104 

J., 402 

Kirkham,W., ftOifovd, J. S«, 

7 
Kisch, S. A., 64 
Knight, R., 54 

S.,225 

Klug, C, 96 
Kretzschnsar, E., 186 



Labron, J., 426 
Lackersteen, A. A., 84 
Lacy, J. G., 140 
Laing,J., 140 
huafioof^, H., 139 
Lamplngh, T., 289 
Langford, S., 381 
Lansley, D.. 262 
Uw, G., 52 
Lawrence, J. F., 358 
T. B., 124 



LawsoiLT., 142 

W., 132 

Lasarus, J. P. T., 7 
Luckie, D. F., 126 
Ludlow, S., 68 
Luke, T., 262 
Luzford, J., 97 
Leader, J., 132 
Leake, J. S., 184 
Lee, C, 389 

J., 254 

J., 344 

Lester, G., 450 
Lewin, F., 379 
lightfiKie, CM&Frssar,A*Bo 

Lillywfaite, G., 52 
Lishman, R. W., 263 
Lister, T., the younger, 258 
Lloyd, E.,Addis, H.,ft Qaioiil^ 

W., 253 
Loader, F., 417 

J., 82 

Lockwood, M., 43 

Loder, W., 140 

Lodge, G., the younger, ft 

Hope, R., 273 
Long, F., 17 
F. R., ft Loqg, R. W., 

66 
Longley, R., ft Wildamith, J«, 

200 
Longson, W., 423 
Lord, T., 90 
Lougher, W., Loughar, T., ft 

Lougber, D., 25 
Lowcock, W., 389 
Lowe, E., 44 



GAZETTE OP BANKRUPTS. 



M. 

M*Bamie, R., 389 
M'Connell, D., 194 
M^Coskrie, J., 142 
M«Cree.T.,&M<Crae, A„274 
M'CnUoch, J. S., Ill 
TA'QtoTjgtf W., 481 
M'OrottY, H., 365 
M'lUy, W., 432 
Mackellar, D. J., ft Htmp- 

Mm, C, 357 
M'Kerrow, A., 148 
M'Lintock. J., 417 
Mandeao, J., 156 
Manioo, E. S., 208 
Manley, T., 474 
Markirick, A., 7 
MarIow,J.,373 
Marriott, D., 357 
Handen, J., 192 

T.,& Clayton, J.,184 

Manh, J. G., 15 
ManhaU, W., 300 
Y. L., & Holmea, 

J. O., 71 
Martin, H., 105 

W., 291, 301 

Mason, A., 142 

Matthews, W. V., 170 

Matthewson, T., 217 

Medley, T.. 401 

Meek, J., 140 

Meeson, T., 246 

Meoon, J. O., 417 

Meroer, J., 272 

Metcalfe, J., 434 

Meyer, A., 344 

Meyers, H. J. M., k Weis- 

man, C, 432 
Michdson, £., 346 
Miles, H., ft MUes, C.» 358 
Millar, T. F., 185 
MUlard, J., 44 
Miller, J., 54 
Mills, T., 142 
Milnes, J., 442 
Mingay, J., ft TaU, J^ 481 
MitcheU, A., 417 

J., ft Clarkion, E., 

113 

S.,238 

Mole, W., 301 

Molineox, B., ft Field, D. J., 

46 
Monsarrat, F. 6., 166 
Moon, 6., 7 
Mopsey, H., 218 
Morewood, J. J., 379 

J., 373 

Morgan, E., 104 
Morley, T., 202 
Morris, J. H.. 244 

1., 88 

Morton, D., 27 

G.,300 

Mo«, W.. 7 
Moktiam, J., 224 
Voontctttle, E., 202 
Moyle, T., 365 
Mnmy, R. H., 465 
Mnsgrore, J., ft Rnisell, T., 

366 
Myring, T., 64 



N. 

Nanson, J., the yonnger, 416 
N^groponte, 8. J., 82 
Kerinckz, L. J., 24 



Nesi, J., 465 

Newbold, A., ft Newbold, B., 
416 
J., 148 



Newham, L., 142 
Newman, P., 27 
NichoU, T. F., 301 
Nicholls, E., 416 
Nicholson, J., 272 
W., 245 



Nicklin, J. B., 402 
Noble, R. £., 455 
Vf,, 423 



Noblet, W., 88 
Noone, O. £., 43 
Norcliffe, 8., 46 
Norris, J., 71 
Nortfawood, W., 448 
Norton, E., ft Wood, J., 142 
Natley, T., 46 



Gates, J. R., 457 

O'Donnell, J., 15 

Oldfleld, J., 402 

Oltrer, J., 401 

Ollivier, C, 417 

O'NeiU, C, 308 

Onions, W., Addis, H., ft 

Uoyd, E., 253 
Orford, J. 8., ft Kirkham, 

W.,7 
Osborne, J., 166 
Oyston, J., 82 



Pace, R., the elder, 237 

R., the yonnger, 440 

Padget, S., 237 

Padgett, J., 34 

Pkge, G., 432 

Palmer, E., 225 

Parsons, W., 186 

Passman, J., 168 

Patten, W., 302 

Patterson, J., 432 

Panling, G. C, ft Sharp, R. 

C, 365 
Peacock, R., 54 
Pearoe, T., ft Thaekray, W., 

140 
Pearman, T., 52 
Pearse, T., 262 
Pearson, F., 474 
Perdna, W. U., 481 
Perrin, W. J., 402 
Perry, J., ft Broadhnrst, W. 
K.,237 

R., 224 

Pettit, F., ft Argent, T., 73 
PhiUips, P., 26 
Pickett, A., 388 
Pickford, C. J., 455 
Pinnebei^, A., 178 
Pistmcci, E., 465 
Pitt, R., 372 
PlatU, W., 24 
Plnmley, J., 46 
Plnmmer, H., 142, 148 
Porter, J., ft Darke, W. J., 

133 
Potter, G., 17 
J., 15 



Price, F., 441 

Priehard, R., 440 

Pritchard, W. D., ft Pri^ 

^ chard, D„ 17 

Prosser, W., 372 

Puckett, A., 105 

Pagfa, J., 489 

Pogsley, D., 43 

Pollan, J., ft 8penoer, J., 416 



Qaater, U. G., 345 



Rampoldi, J., 253 

RandaU, J. D., ft m^M, 6. 

T., 178 
Rayner, J. J., 25 
RecTes, J. F., 200 
— J. F., Reeres, J, F., 
Reeres, O., ft Reeves, 
A., 209 
J. C, 105 
Reid, C. B., 472 
Reimann, J. A. C, ft Gete, 

J. G., 54 
Rhodes, C, 465 

J., the younger, 879 

Richards, M., 345 

R-, 417 

T. W., 287 



Pound, H., 24 
Pownceby, S., 246 
Pratt, S. L., 344 
Prentice, G., 423 



Richardson, W., 209 

W. H., Bichard- 

8on,B., ft Rich- 
ardson, J., 66 

Ritchie, C, 150 

RoberU, H. B., 317 

J.. 177, 289 

T., 328 

W., 52, 441 



Robertson, J., 423 
Robinson, J., 225 

W., 450 

Rock, W., 24 
Roe, T., 379 
Roebuck, J., ft Roebuck, W., 

365 
Roff, H. B., 490 
Rogers, C, 253 

J., 73 

Rolph, W., 291 
RoweU, G., 373 
Ramsey, W. S., 262 
Russell, T,, ft Mnsgrore, J., 
866 
W., 168 



Rutland, G., 209 
Rymer, J., 88, 132 



Sadler, F., 178 
Salter, B., 345 

S., 472 

Sanders, D. C, ft Grouse, M., 

432 
Sandle, J. P., 272 
Savage, W., 64 
Scott, A., & Thompson, \^., 
263 

W., 237 

Secret, T., 300 

Selwood, E. W., ft Fisher, H., 

448 
Senior, G., 71 
Severs, T., 200 



Sewell, R., 34 
Sharland, T. W., 372 
Sharman, E., 194 
Sharp, R.C.,ftPau]ing,G.C., 
365 
W.,80 



Shaw, J., 80 

T., 263 

Sheard, S. ft J., ft Bates, T., 

177 
Shelton, R., 379 
Shepherd, S., ft Crabtree, W«, 

274 
Sherlock, G., ft Sutteri»y, B., 

66 
Sboberi, W., 472 
Shoobridge, T., ft Keith, D., 

88 
Shortridge, G., ft Buckley, S., 

217 
SiddaU, G., 432 
SUbowden, J., 272 
Silby, J. F., 44 
SfannH»ds, J., 71 
Simson, C. H., 105 
Skdton, A., 482 
Smith, B., 96 

G., 237,389 

W., 388 

Sparks, D., 829 

Speed, T., 465 

Spenoer, J., ft PuDni, J., 416 

, W. E^ 46 

Spettigne, E., ft Farrmod, G«, 

133 
Spicer, J. E., 455 
Spiyey, J. W., 237 
Spriggs, S., & S« S., ft 

Ashton, H., 365 
Sparging, T., 318 
Stafford, J., 73 

W. H., 402 

Stagg, H., 465 
Stalev, T., 357 
Standerwick, G.,Standerwiek, 

C, ft Same, T., 224 
Stanley, C, 178 

H.. 7 

Stark, J., 88 

Steadman, C, ft Bakewell, a 

S., 64 
Steel, W., 379 
— ^— W. 54 

Stephens', R. P., 238, 244 
Stevens, W., 97 
Stimson, H., Ill 
Stocks, A. L., 389 
Street, S., ft Avery, J., 263 
Streeter, J., 244 
Strevens, J., 289 
Stately, J., 132 
Surridge, W. H., 457 
Sutherhmd, D., 457 
Sntterby,B., ft Sherlock, G., 

66 
Sutton, F., 194 

R. G., 289 

Swift, J., 254, 289 



Tainsh, H., 318 
Tall, J., ft Mingay, J., 481 
Tamsett, R., 381 
Tanner, W., 481 
Taylor, H., 202 

■ ' H., ft Byrom, W» & 
T.,46 
J., 448 



Teasell, O. E., 365 



3J INDEX TO THE GAZETTE OF BANKRUPTS. 



Tlw^ray, W., & Pom, T., 

Thame, T.. 166 
Xhonua, D. H„ 104 

F. W., 474 • 
• J., 156 
^ J. A., 209 

Tbompgon, W., & Soott, A., 

263 
Thornton, W., 465 
ThpemIgold,J.R.,71 
TimmiM, I., 113 
timothy, J., 237 
25ii«ley,E.,24 
Tltoomb, R., 46 
Todd, J., & Todd, W., 132 

R. W.,& Hobbi,R.,140 

W.. & Todd, J., 98 

Topham, T., 290 

Townwnd. T„ 301 

Townaon, O., 82 

Trickett, S., 124 

Tripp, S., 166 

Tnihnor, N., & Delf, T., 289 

Tubbs, R. Th 389 

TnUy, C. 472 

Tnmar, W., 365 



V. 

Varley, J., 9 
Veale, O., 491 
Vennall, H., 448 
Vote, J K.,472 



W. 

Wale, F., 318 
Walker, E., 24 

W., & Webb, S., 43 

Wall, A. B.. 389 

Walter. G. W., & Walker, W. 

H., 224 
Walthew, J., 208 
Walsh, O.. 262 
Ward, J. S., 52 

M., 218 

Ware, B., 417 
Warhurst, 6., 90 
Warner, S., 329 
Warren, J., 148, 450 

J., 434 

M.,52 

R.,417 



WaterhooAe, G., 46, 52 
Watkins, J. H., 133 
Watkinson. S., 73 
Watson, W. A., 150 
Wass, C. W., 168 
Webb, J., 192 

S., & Walker, W., 43 

Weisman, C, & Meren, H. 

J. M., 432 
Wellington, W., 472 
W.,& Butterfield, 

R., 381 
WeUa, R.,80 
Welsh, T., 140 
Weston, R. P., 7 
Wetherfield, G. M., 156 



Wheatley, J. T., 448 
J., 200 



Wheeler, W., 208, 263 
W., 263 



White, C. H., 97 

R., & Bowler, J., 166 

Whitehooae, W.. 52 
Whitaman, R. H., 184 
Whittaker, J., 218 

R.. 432 

Wickins, E., 7 

WUdsmith, J., & Longlcy, R., 

200 
WUkins, J., 71 
Williamf, D., 465 

E..&Keeley,J..416 

J., 263 

J. , & Williams, W., 

124 

W., 113 

W. J., 301 



Williamson, H., & Bates, U., 

140 
Wills, T. P., 450 
WiUson, R , 358 
Wilson, C, 26 

F. D., & GuU, G. 24 

Jm 245 

J., & Woodfin, C.P., 

432 
R. C, 263 



S., 71 

Wilton, J., 217 
Winch, F.. 24 
W., 262 



Winstanley, E., & Winstan- 

ley, H. G., 379 
Winter, J., 366 
Winterbottom, J^ 272 
Winzar, J., 440 
Witty, W., 44 
Wollaiton, H. F., 24 
Womersley, J., the yoanger,79 
Wood, J., 97 

^ J., & Norton, E., 142 

R., 96 

T., 113 

W., 24. 208 

W.,423 

Woodfin, C. P., «c WiLion, J^ 

432 
Woodhouse. J. T., 150 
Woodi, F. F., 9 
Woodward. T., 416 
Woodworth, C. W., 156 
Worfolk. M., 263 
Woriey, W., 44 
Worms, H., 113 

L., & Wormf, K..345 

Wright J.. 66 
Wymark, W., 148 



Y. 

Yandall. E. A., 140 
Yates. J.. 73 
Young, T.. 401 
Yoangman, R., 15 
T., 105. 




14- 4^ 4^ r0 ly ^ . 



No. 784— Vol. XVI. JANUARY 17, 1852. Price l*., with Supplement, 2s. 



NAMES OF THE CASES 

Court of Chancbrt. 
• Dew r. Ckrk.— (Clanc«ry PHmii^— JNTon-jMymeii/ ^f 

Mimi^) 

Yicb-Chakcsllor Turner's Court. 
Tha Attoraey-Geoena v. The Bishop of Worcester.— 
{Kiddermmiier Orammar'tchool-^Jf^formaiion) •• 
Vice-chancellor Parker's Court. 

Bfixton V. Jtme9,^{Copjffight — Injunction) 

Court of Quern's Bench. 
Rtg, 9. The InhaWtants of WaYtrUm.^(Indiotmmt for 
Not^repmr qfHipkwap) 



EEPORTED IN THIS NUMBER. 

Court of Common Pleas. 
CoUiDgridge v, Paxton.— (i>ry— Awi* Notet) 18 

Court of Exchequer. 
Pepper r. Chambers.— (U ^15 Vict. e. 99, *. 6— /ii. 
tpeetion qf JDoeumentt) 1^ 

Crown Cases Reserved. 
Reg. V. Mardock. — (Bmbezziement'-Juritdietion) 2(^ 

Prerogative Court. 
In the Goods of John MoTgBn.'^(Admtmiiration H- 
mited to receive and inveet Dividend*) 20 



15 



16 



LONDON, JANUARY 17, 1852. 

Thb case of Mimypenny r. Derinpy which is reported 
in ec^iiity in 7 Hare, 568, and at law in 16 M. & W. 418, 
is one of those which exhibit strongly the mischief of 
the practice, in which Courts of equity have long in- 
dulged, of sending cases to law wherever there is any 
serious difficulty in the construction of a written in- 
strument. This case was originally heard in Chancery 
in November, 1845, when Wigram, Y . C, sent a case to 
the Court of Exchequer. The Court of Exchequer gave 
tlieir opinion in January, 1847. On this being brought 
' before the Court of Chancery on the equity reserved, that 
Couit sent the case fSor a further opinion to the Court of 
Common Pleas. The Court of Common Pleas differed 
In material points iSrom the Court of Exchequer; and 
the case comiii^ back to Wigram, Y. C, in 1850, his 
Honor had to decide, of course, almost as if no opinion 
of a Court of law had been taken, since it cannot be said 
that two conflicting opinions could much assist the judg- 
ment of the Court; they would he much more likely to 
perplex it. But asMiming that they did assist the Court 
of Chancery, still it comes to this, that the cause has 
been heard four times, and it is of course still liable to 
be taken, by way of appeal, to two Courts more, the last 
of which will be a Court, of law as well as equity, and 
capable of calling in the assistance of all the judges, if 
it should require ,them. . Surely a less expensive and 
less dilatory mode might be followed than this, where 
it b necessary for an equity judge to have assistance; 
for if the time of the common-law judges is to be taken 
up at all ij(i assisting the minds of ecxuity judges, it would 
be just as easy to call in the assistance of one or two of 
them to sit apd hear the cause with tlie judge in equity, 
whenever the case is one likely to prove materially dif- 
ficult for a purely equitable mind, and then one hearing 
would answer the same purpose as the three. or four 
which arise out of the existing practice of sending cases 
tplaw. 

Our principal object, however, in alluding to this 
case has not been so much to use it by way of illus- 
tration, as to comment upon some portions of the judg- 
YoL. XYL A 



ment of the Yice-Chancellor — an exceedingly elaborate 
and important one, but which, if it is good law, cuts 
down, as it seems to us, to a considerable extent, the 
doctrine of implication in the creation of estates tail. 
The clause in the will of the testator in the cause, on 
which this part of the judgment turns, is very short. 
The testator gave certain estates to trustees, on trust to 
sell for payment of debts, &c., and, subject thereto, he 
directed the trusts to be, '< to permit my brother, Phil- 
lips Monypenny, to receive and take the rents, issues, 
and profits thereof, for and during the term of his natural 
life, without impeachment of waste; and /rom atid im^ 
mediately after his decease, upon trust for the first son 
of the body of the said Phillips Monypenny, for and 
during the term of his natural life ; and /rem and 
immediaidy after his decease, upon trust for the first 
son of the body of such first son, and the heirs male of 
his body; and in defJEiult of such issue, upon trust for 
all and every other the son and sons of the body of my 
said brother, Phillips Monypenny, severally and succes- 
sively, according to seniority of age, for the like interests 
and limitations as I have before directed respecting the 
first son and his issue; and in default of issue of the 
botfy of my said bratker, PhUUps Monypenny, or in case 
of his not leaving any at his decease, upon trust for my 
brother, Thomaslllonypenny ;'? with various remainders 
over. 

At the date of the will Phillips Monypenny had n<y 
children, and he died after the testator, without issue, 
having suffered a recovery. The question was, what es- 
tate he took ; if he took an estate tail, either immediately 
vested in possession, or in remainder expectant on the 
failure of his own issue, certain persons took under 
that recovery ; if he took only for life, those persons 
took nothing, and the question then was as to the effect 
of the limitations over to Thomas Monypenny, We shall 
confine our observations to the estate taken by Phillips 
Monypenny. The Court of Ex<j|^^uer^]^. JI«,& W. 
418) seems to have taken ^^^"F^g^g^^M PlH^lips 
Monypenny took only an es^te^ww^j ^the >r]|ole 
judgment is directed to th^tetiBjMt^ethihr; his ^ns 
took estates tail by im|i1i( i>ljlj>|||^fW^^ 



vgXlUM''^ 



THE JURIST. 



is taken of any argument in fayonr of an estate tail in 
Phillips Monypenny. The Conrt of Common Pleas 
certified that Phillips Monypenny took an estate for 
life ; and of that opinion was ultimately Vice-chancel- 
lor Wigram. Before the Yice-ChancelloTy on the final 
hearing, it appears that counsel argued that Phillips 
Monypenny took an immediate estate tail in possession. 
What cases were cited expressly in support of this par- 
ticular argument, does not appear by the report. It 
would be inferred from the observations of the Vice- 
Chancellor, (p. 597)9 ^^^ ^0^^ ^^'^ cited. But this 
can hardly be the case, as some cases which do bear 
upon the point were cited. There is, however, one 
which we will presently mention, which seems ex- 
pressly in point, and which was not cited. 

The reason given by his Honor for rejecting the con- 
struction which would give an immediate estate tail to 
Phillips Monypenny was, that ** it would have the efi^ect 
of destroying estates well given as the will stands." 
But that reason, if it be correct, with reference to the 
language of the will, is directly controverted by the 
caw of fFigki v. Leigh^ (16 Yes. 566), which does not 
appear to have been cited. In that case, the devise of 
the testatrix's ^ Surrey estaie" was (after some pre- 
vious limitations, on which nothing turned) to the 
plaintiff; and after his death, to his first and other sons ; 
and tn default of male issue, she gave the said estates 
to the eldest and other daughters of the plaintiff in fee. 
The question was, what estate the plaintiff took; and 
Sir W. Grant held, that he took an immediate estate 
tail, on the ground that the testatrix intended to prefer 
the male issue of somebody, either of the plaintiff or 
of his first and other sons, to the daughters; and that 
such intention could only be effectuated by holding the 
plaintiff, the fiither, to take an immediate estate tail 
by implication. Now; here the estates for life (as they 
were then held) to the sons^ were clearly as well given 
as the estates to the sons of Phillips Monypenny in 
Mm^penny r. Dering, and the Court did defeat them 
by giving an estate tail to the father. 

So, in 2%0 AUonuy-Osneral v. SkOton, (1 P. Wms. 
764), (which was cited in Mait^fpenny v. Bering, though 
whether on this precise point does not appear), where 
the devise was to A. for life, remainder to the first son 
or issue male of his body lawfully to be begotten, and 
to the heirs male of the body of such son; remainder 
to his second son and his issue male in tail, (not carry- 
ing the limitations over to the third or other sons); 
and then came this clause— that, immediately after the 
death of A. uMaui issue male of his body, the premises 
should go over; and it was held that A. took an estate 
tail. The force of this case, as bearing upon Mony- 
pen^y v. Dering, is, however, impaired by the cir- 
cumstance, that there were other passsges in the will 
shewing a strong intention to give A. an estate taiL 

But suppooDg these cases not to apply, or not to be 
now law— though there is, we believe, no authority 
•venruling them — ^is there ground, in the case under 
discusnon, for saying that the implication of an imme- 
diate estate tail in Phillips Monypenny does destroy 
sfltates well given by the will ? Does not that assump- 
tion beg the question, whether the intention expressed 
is not to give an estate tail hj^ implication to Phillips 
Monypenny, preceding the limitation to his sons ? It 
2 



is to be observed, that the mode of expressing the limi- 
tation, in de&ult of issue of Phillips Monypenny, is 
not, in terms, the usual mode of limiting a remainder. 
There are 'not the usual words, ^^/rom and after ihe 
decease of Phillips Monypenny," but simply ^ and in 
default of issue qfPhilUps Moi^ypent^ ;" and wherefore 
should this be read as a remidnder, for the express pur« 
pose of defeating the implication, and so drfeatii^ the 
obvious intention, that the remainder over, at least to 
Thomas, should not take effect as long as there were 
any issue of Phillips, when it may as well be read, by 
reason of the omission of words strictly implying a 
remainder, as, by implication, an estate preceding the 
limitation to Phillips Monypenny 's sons? 

Moreover, in any view of the case, the only estate 
well given by the will, which could be defeated by 
giving an immediate estate tail to Phillips Mony- 
penny, is the estate for life to the first son of Phil- 
lips Monypenny. For all the subsequent remainders 
preceding, in point of allocation, the words ^ and in 
default of issue of Phillips Monypenny," are not well 
given, being, in fiaet, estates not capable of taking 
effect, and therefore not capable of being defeated, 
since they have been held by all the three Courts, 
and are manifestly, void for remoteness. Nor, indeed, 
as applied to the Jlrst son of Pliillips Monypenny, 
would it be strictly correct, either, we apprehend, 
legally or substantially, to say, that even admit- 
ting an estate for lift to him, preceding any estate taU 
in his &ther, to have been well given, such estate ia 
defeated by giving the &ther a prior estate tail. It is 
true that such a construction would give the fiiither 
a poioer to defeat any estate in his first son ; but, per for- 
mam doni, the first son would take, if his father took an 
estate tail, a greater estate than an estate for life, viz. 
a vested estate tail in remainder; so that his estate 
would rather be merged in a higher one, than defeated* 

More might be said on the decision on this point, 
but our limited space prevents us from doing more 
than throwing out these ooisory observations, in a case 
to which we may, en passant, refer our young convey- 
ancing readers, as one in which they will find much 
excellent learning to repay a carefol perusal. 



Kebfefo. 



Chitty's OoUeetion of JSHaiutes, with Notes thereon; tn- 
tended asaOircuit and Court Companion. The Sseind 
Edition, containing all ths Statutes of Praeiical Uti- 
lity in the CioU and Criminal AdnUnisiration of Ju^ 
ties, to the present Time. By W. N. Weubbt, Esq., 
and £dwabd BbJlVan, Esq.^ Barristers at Law. In 
Three Volumes, Vols. I and 11. 

[Sweet; Stevens 4 Norton. 1851.] 

Lord Baoon, in his proposal for amending the laws 
of England, advises the dischaiging ** the books of those 
statutes wherein the case by alteration of time ia 
vanished; as Lombards, Jews, Gauls^ balance, &c.^* 
and ^<the reducing of concurrent statutes, heaped one 
upon another, to one clear and uniform law." The 
work before us surpasses all that was anticipated by 
the illustrious law reformer of the Elizabethan era, and 
proves that the codification of the law, considered 



THE JURIST. 



3 



iroTthy of State intexfezenoe in other eountriesy may be 
effectually accomplished in this by piiyate skill, in- 
dustry, and leamiilg. 

Thb is no mere skeleton of the bulky and unwieldy 
g^t commonly called '^Statutes at Laige/' but the 
Teiy body itseU^, stripped, however, of useless incum- 
brances, and reduced to fair and manageable propor- 
tions. Not only are all statutes of practical import- 
ance so daadfied as to aflfbrd the greatest facilities for 
reference, and enable a cfwreet view to be taken of the 
acts bearing upon a given subject or in pari materia, 
but they are also fully illustrated, in the form of a run- 
ning commentary, by the judicial exposition which has 
been given to them from the period of their enactment 
nntil the present time. We have the orade and its 
inteipretation nde by ride. 

It is preoiBely with respect to this branch of our 
jurisprudence that codification is most desirable. The 
common law consists of principles which, although bent 
and modified in their application to ever-varying com- 
binations of factfl^ are not in themselves veiy nume- 
rous; nor are they difficult to be understood or re- 
membered, inasmuch as they are, in a great measure, 
conformable to natural reason and justice. The 'Uex 
scripts,'' however, contains but little that the reason of 
man would arrive at by aiguments of an i priori cha- 
racter ; it is an immense mass of arbitrary enactments 
scattered oyer rix centuries of our history: they are 
sometimes special, sometimes general in their applica- 
tion ; permanent or temporary in their duration; often 
ambiguous in phraseology, and always embarrassed by 
qualmcations, exceptions, and the probability of their 
being affected by other statutes, w ell might Bacon 
say, ^ Sure I am there are more doubts that rise upon 
our statutes, which are a text-law, than upon the com- 
mon law, which is no text-law." 

Any mere review of the elaborate work before us 
can give but an imperfect idea of its character and 
contents; we will, however, attempt to describe its 
general features. The two volumes which have ap- 
^ared Teach over 1100 ^ages) are to be venr shortly 
toUowed bv a third, wmcn will complete the work. 
The principal classification is alphabetical, and ex- 
tends at present to ** Lands Clauses Consolidation Act." 
The subordinate arrangement is chronological; thus, 
under the head ** CompanieaT' (independently of the 
Winding-up Acts) follow in order 1 vict. c. 73; 7 & 8 
Vict. c. 110; and 10 & 11 Vict. c. 78. Important sta- 
tutes are set out at length, omitting only the formal 
jjMirts, and such as are repealed or expired. Merely the 
title is given of such statutes as relate to the subject, 
but are, in fact, unimportant. The decisions upon each 
statute are collected in the notes to the different 
sections. 

To illustrate the practically useful character of the 
work, it may be sufficient to state, that statutes on the 
following subjects (among many others) are contained 
in the two volumes :— 

Arrest, eight statutes. 

Attomies, twenty-five statutes. 

Bankruptcy, (the Consolidation Act, with the nu- 
merous decisions in the notes, occupies about 
370 PWs). 

Bilb of Exchange, thirteen statutes. 

Companies, (from p. 609 to 714). 

Copyright, sixteen statutes. 

Corporations, forty-three statutes. 

Costs, nineteen statutes. 

County Courts, which occupy thirty-five pages. 

Evidence, twenty-five statutes, to which another 
is now to be added. 
8 



Executon and Administrators, thirty-one statutes. 
False Imprisonment and Habeas Corpus, eleven 

statutes. 
Frauds. 

Friendly Societies. 
Gaming. 
Insolvency. 

Insurance, ten statutes. 
Interpleader. 
Justices of the Peace. 
Landlord and Tenant, forty-two statutes. 
Lands Clauses ConsoUdation Act. 
The head of ** Customs and Excise" is very properly 
omitted from this edition, as it would have added consi- 
derably to the bulk of the work, and it is not a subject 
of general reference. ** Criminal Law" is treated of at 
the commencement of the second volume ; this part 
is separately paged, so that it may be detached from 
the rest of the work and bound by itself, as a manual 
for circuit and sessions. It extends over 263 pages, and 
the statutes (including Lord Campbell's late acts) occur 
under the following subdivisions: — 
Pleading and procedure generally. 
Offences against the State. 
Offences against Public Justice, 
Offences against Public Peace. 
Offences against Public Morals and Police. 
Offences against Pi^lic Trade. 
Larceny. 

Arson and Malicious Injuries to Property. 
Forgery and False Personation. 
Offences against the Person. 
We may mention, that at p. 57 a portion of note (b) 
evidently belongs to note (a); and the opinion there 
expressed, that probably the jury should be resworn to 
inquire concerning the prerious conviction, under sect. 9 
of the 14 & 15 Vict. c. 19, has been since decided to be 
erroneous. (Reg. v. Kc^, 15 Jur., part 1, p. 1065; 
Beg. v. Shuttlewarth^ Id. 1066). 

As instances of the very able and complete manner 
in which the authorities bearing upon the statutes have 
been collected and arransed, weTeter our readen to the 
note on reputed ownenhip subjoined to the 125th sec- 
tion of the Bankrupt Law Consolidation Act, (pp. 237 
— ^245); the notes to the Joint-stock Companies Act 
(pp. 615—631 ) and Companies Clauses Act, (pp. 638-— 
667); and the notes on Criminal Law at the commence- 
ment of the second volume. These are dissertations 
upon the respective subjects, rather than mere notes, 
but at the same time the limits within which they are 
kept shew that the main object of the work has never 
been lost sight of. 

We believe that this work, together with the recent 
edition of Saunders's Pleading and Evidence b}r Mr. 
Lush, will be found to contain a body of law available 
for all useful and practical purposes, which will not be 
found in any other books approaching them in porta- 
bility or price. 

Masters in Chancery. — The Lord Chancellor has 
appointed the following gentlemen to be Masters Ex- 
traordinary in the High Court of Chancery : — ^Thomas 
Martineau, of Birmingham; Joseph Peers, jun., of 
Ruthin, Denbighshire. 

The Right Hon. Sir John Jervis, Knt., Lord Chief 
Justice of her Majesty's Court of Common Pleas, has 
appointed James Lewis, of the city of Rochester, gen- 
tleman, to be one of the Perpetual Commissioners for 
taking the acknowledgments of deeds to be executed 
by married women, in and for the county of Kent. 

Member returned to serve in Parliament.— 
Sir James Emerson Tennent, Knt., for the borough of 
Lisbum, in the room of Sir Horace Beauchamp Seyr 
mour, K.C.H., deceased. 



THE JURIST. 



(iTourt ^Papers. 

EQUITY CAUSE LISTS, HILARY TERM, 1852. 

\* The following abbreyiations haye been adopted to 
abridge the space the Cause Papers would otherwise have occu- 
pied: — A. Abated — Adj, Adjourned — A. T. After Term — Ap, 
Appeal— C. D. Cause Day— C/. Clidm— C. Costs— 2>. De- 
murrer — B. Exceptions — F. D. Further Directions — M. Mo- 
tion— P. C. Pro Confesso— P/. Plea— P/n. Petition— B. Re- 
hearing- iS'. 0. Stand Over — 8h. Short. 

Court of Chancers. 

Be/ore the Lord Chancellor, at Lincoln's Inn. 

Appeals. 
Saunders r. Hamilton , 
Powell V. Dodson 1 (Cau.,'Ap, 
Dodson V. Powell j pt. heard) 
PerciTal v, Caney (Ap) 
Ogle V, Morgan (Ap) 
Letts V, Com Exdumge Co. 

(Ap) 
Spooner v. Vane (Ap) 
Cbappell V. Rees (Ap) 
M'Intosh V, Great Western 

Railway Co. (Ap) 
Kingsford v. Ball (Ap) 
Stump V, Gaby (Ap) 
Wyke V. Rogers (Ap) 
Cutts V. Salmon (Ap) 
Gibbon p. Fletcher (Ap) 



Jones V, Price 1 / * «\ 
Price r. Maclean /^^P^ 
Scrivenor v. Smith (Ap) 
Monypenny v, Dering 1 / a \ 
Same p. Monypenny j ^ P' 
Kent V. Jackson 1 ^ . v 
Same p. Pennell P^P^ 
M'Calmont p. Ranking 
Same p. Turner f .- » 

Same p. Bird J -^P"^ 

Strong p.' Strong (Ap) 
Pollard p. Doyle \ , . , 
Kearnsp. Same p^P^ 
Mayor of Rochester p. 

Navalshaw p. Brownrigg (Ap) 
Henderson p. Eason (Ap). 



^1(3 
JApa] 



Lee 



Brfore the Lords Justices, at Lincoln's Inn, 



Appeals. 
Reynell p. Sprye (Ap) 
Bell p. Rcat,. V 
Reap. BcU/^^P^ 
Duke of Leeds p. Earl Amherst 

(Ap, part heard) 
Newman p. Hutton (Ap, M) 
Miller p. Pridder (Ap) 
Sharp p. Taylor 1 / * _\ 
Same p. Same P^P^ 
Blenkinsopp p. Blenkinsopp 

(Ap) 
Vaughan p. Vanderstagen 1 ^ 
Gates V. Lord Dunboyne J ^ 
WeUealey p. WeUeslcy (Ap) 
Evans p. Evans (Ap) 
Bamett p. Sheffield (Ap) 
Same p. Same 
Waters p. Mynn (Ap) 
North Staffordshire Railway 

Co. P. Whieldon (Ap) 



Jones p. Parry (Ap) 
Kynaston t). Lancashire and 

Yorkshire Railway Co. (Ap) 

7Vf«. Term 



Same p. Same (Ap) T. Term 
Hele p. Lord Bexley TAp) 
Dean and Chapter or Ely p. 



Bliss (Equity reserved^ 
Gundry p. Pinnegar (Ap) 
Bolton p. Powell 1 , . v 
Howard p. Earle/^^P^ 
Brown p. Cross (Ap) 
Webb p. Portsmouth Railway 

Co. (Ap) 
Whicker p. Hume 1 , . ^ 
Humep. Pe'pe P^P^ 
Norris P.Wright (Ap) 
Penney p. Goode (Ap) 
Paterson p. Scott (Ap) 
Ballinger p. Hawes 1 / * ^\ 
Buck p. Denis JvAp). 



Btfore Vice* Chancellor Sir G. J. Turner, at lAneoln'e Inn. 

The Causes and Claims marked thus * are from Lord Cran- 
worth's list of Causes. 



Jones p. Starkey (D) 
Allen p. Pocock (E for insuf.) 
Luntlcy p. Hoby 
Pordham p. WaUis (2 causes) 
Maynard p. Higgins 
Burt p. Westbrook (CI) 
^Porter p. Hannam (CI) 
Gandy p. Hodges (CI) 
*Grand Trunk or Stafford and 

Peterborough Railway Co. 

p. Brodie 
♦Same p. Sturgis 
*Long p. Storie 
Williams p. Roper (CI) B, T, 
Blaxland p. BUudand 
Hazeldine p. Cragg B. Term 
Nathan p. Brandon (2 causes, 

part heard) 
Crossley p. Crowther (CI) 



Da vies p. Holmes (F D) 
*Roumien p. Smith 
^BUlage p. Southee 
•Morrell p. Tinkler 
Heath p. Baker 
*Nugee p. Dean (CI) 
Burrows p. Walls 
Reeves p. Trenchard (CI) JZ. T, 
*Mousley p. Agar 
Dyson p. Dyson 
Rogers p. Mort 
King p. Phillips 
Ravenhill p. Lloyd (CI) 
Same p. HoUey (CI) 
*Hughes p. Morris (2 causes) 
Crosse p. Lawrence (CI) 
Same p. Keene (CI) 
Same p. Young. (CI) 
Same p. Phillips (CI) 



Crosse p. Protheroe (CI) 
Wilks p. Penton 
*Smith p. Shave (CI) 
*Att..Gen. p. Hull (2 causes) 
Storer p. Smith 
Hertzel p. Smith 
Colchester, Stour Valley, &c. 

Railway Co. p. Gooday (CI) 
•Towns p. Farmer (CI) 
•George p. Wilkinson (CI) 
•Millican p. Vanderplank (CI) 
Jones p. Jones 
Powell p. South Wales Railway 

Co. 
HoUoway p. Poole (CI) 
♦Drury p. Merivale (CI) 
Ford V. Ford 
Tatham p. PUtt 
Sugden p. Myers (CI) 
Hall p. Mott 
Surtees p. Irving (CI) 
Rochford p. Hackman (CI) 
Gordon p. Henning (CI) 
Bradwell p. Bolton (CI) 
WhitweU p. Pratt 
Vine p. Todd (CI) 
Wardp. MUes(Cl) 
Adams p. Jones (CI) 
Westacott p. Westaoott (CI) 
Flower p. Becke (CI) 
Thomas p. Thomas (CI) 
Young p. Jones (CI) 
Gricc p. Shaw (CI) 
Cooke p. Masters (CI) 
Hibon p. HoUand (a) 
Hutchinson p. Hutchinson (CI) 
Wright p. Lamb (CI) 
Crosse p. Logan 
Paul p. Harward (CI) 
Saunders p. Walter (3 causes) 
Hills (younger) p. M'Rae (CI) 
Langton p. Burton 
Clarke p. Foster (CI) 
Wilkinson p. Field 
Lucas p. Colder (CI) 
Shaw p. Johnson (CI) 
Scales p. Collins (Special case) 
Greenway p. Bromfield (F D) 
Heaps p. Whittaker (Amd. CI) 
Owen p. Hotham (CI) 
Kent p. Kent (Special case) 
Walker p. Tipping (CI) 
Derrick p. Derrick (CI) 
Wright p. Wright (Sp. case) 
Wright p. Woodhead (Sp. ca.) 
Onslow p. Lord Lonesborough 

(Special case) 
Bowyer p. Smith (CI) 
Raven p. Raven 
Billinghurst p. Miles (CI) 



Hardwick p. Great Western 

Railway Co. (CI) 
Harvey p. Same (CI) 
Rudge p. Same (CI) 
PUtt p. Same (CI) 
Cooke p. Same (CI) 
Seawin p. Nicholson (CI) 
Lloyd p. Belleby (CI) 
Ewington v. Fenn (CI) 
Wilson p. Bowman (Sp. caas) 
Filor p. Knight (CI) 
Blaxland p. Blaxland 
jShield p. Pounder (CI) 
Walker p. Bentley (E) 
Cannan p. Evans (CI) 
Bailey p. Richardson (CI) 
Oakes p. Oakes (Special case) 
Willis p. Willb (CI) 
Cruttwell V. Lewin (CI) 
ChappeU p. Badoock (CI) 
Rhodes p. Beart (CI) 
Long p. Sturgis 
Spry p. T^emayne (CI) 
Haughton p. Tnrpin (2 Cls) 
Watt p. Watt 
Bennett p. Smith 
Topham p. Shaw (CI) 
Thombory p. Great Northern 

Railway Co. (CI) 
HoUoway p. Clare (CI) 
Phillips p. PhiUips (CI) 
Bams p. Hodgson 
Clifford p. Clifford 
Murray p. Jones (CI) 
Cresswick p. Harrison (CI) 
Wood p. Logsdon (CI) 
Burroughs p. Browne 
Pargeter p. Whitehom (CI) 
Hood p. Hood (Special case) 
Parker p. Nix (2 Cls) 
Hastings p. Parker (CI) 
Watson p. Watson (CI) 
Kennerley p. Kennerley 
Nicholas p. Williams (CI) 
Robinson p. Brown (CI) 
Freeman p. Laslett (CI) 
Hakewell p. Webber 
Lansdell p. Luck 
Driver p. Grardiner (CI) 
Godwin p. Scorey (CI) 
Tytherleigh p. Roper (CI) 
Davies p. Pryse (CI) 
Blackwell p. Pennant (CI) 
King p. Mallcott (CI) 
Taylor p. Highley (CI) 
Boulton p. Wilkinson 
Wing p. Diggle (CI) 
Glass p. Richardson (CI) 
Girdlestone p. Lavender (CI) 
Swan p. Bushel! (CI). 



Brfore Vtce-Chancellor Sir Richard Kinderslby, at 
Lincoln's Inn, 



Clements p. Bowes (D) 
Le Blanc p. Ord (E to answ.^ 
Salmon p. Dean (E as to insuf.) 
Green p. Green (E te answer) 
Da Keyne p. Flint (E to ana.) 
Hambrook p. Smith (£ to ana. ) 
Campbell p. Hewlett (E to an.) 
Miller p. Middleton (Old E) 
Hardingham p. Thomas (E) 
Preston p. Liverpool Rulway 

Co. (D) 
Same p. Same (Leeman's D) 
Pughp. King(FD, C) 
Nelson p. Hopkins 
Deighton p. Wheeler 
Allibome p. Walker (3 causes) 
Fidkin v. Webb (F D) 



Lilley p. Medlyoott (2 causes) 
Attorney-Gen. p. Andrews 
Gibson p. Gibson 
Galland p. Watson (F D) 
Lord p. Weightwick (E, F D) 
Chapels Enlargement Society 

p. Barlow 
Jones p. Morrall (F D) 
Bickford p. Bickford (E) 
Sewell p. Monypenny 
Johnson p. Farris (CI) 
Miles p. Durnford 
WhitweU p. Vipan (2 Cls) 
Birch p. Joy (E) 
Stapleton p. Stapleton rCl) \ 
Same p. Same (Sp. case) J 
Gray p. Gray 



THE JURIST. 



Sennet v. Barrel! 

Huid9.Well8(Cl) 

Etles 9. Pitt 

Rackstraw v. Meacher (F D, 

Ptn) 
Thordld V.Bailey (Cause, Ptn) 
Pierae v. Griffiths (F D) 
Atldmon v. Gjlbj (E, F D) 
Barker v. Attorney-Gen. 
liongstaff 9. Rennison (F D) 
<¥lood V. Browne 
Fttrkjn v. Wightwick 
CoUett V, Nevrnham 
Owen V. Derbyshire (CI) 
Alice Fletcher v, Moore 
' Bird V. Bird (FD,C) 
Brown v. Paul 

netcher v, Gerrard (2 causes) 
Goodale v, Goodale 
Emans e. Greenhill 
Wood V. Bench 
AHoe Fletcher r. Mnllinerl 
EUis Fletcher v, Windsor j 
Windsor v. Milliner (2 causes) 
Windsor V. Windsor (2 causes) 
Morrison v, Richardson 
Swainson v, Muncaster (F D, 

C) 
Jackson v. Pearson (CI) 
Fotberingham v. Smalt (F D, 

C) 
PteaoBS V. Benn (F D, C) 
Brown v. Heath (CI) 
Welch V. Coles (CI) 
Harrey v. Straoey (F D, C) 
Turner e. Lang (F D, C) 
Bond V. Strother (F D, C) 
BeU V. BeU (F D, C) 
Ord V. Schneider 
Uoydv. Lloyd (FD,C) 
Bodenham v. Hoskins (2 cau.) 
Coleman v. Howard 
Vanxellor v. Parrott 
Blake9.Phibbs(FD, C) 
Bobson V. Lord Brougham and 

Vaux 
C3eib V. Dibley (Re-hearing) 
Petre v. Fetre 
Barton v. Dixon (5 causes, F 

D.C) 
Att..Gen. v. Cother (F D, C) 
Lander v. Weston 
Kay V. Holder (F D, C) 
Borbage v. Wicks (3 causes, 

FD,C) 
NoUey v. Palmer 
Jones 9. Walker (F D, C) 
Clowes 9. Waters (E) 
M*Gm V. Shuter (F D, C) 
Boote V. Barker 
Smith V. Smith (F D, C) 



Pinkerton v, Andrew 

Clark V. Berrington (2 causes) 

Gelling v. Lowden (2 causes) 

Bailey v. Case 

Ashton V. Jones (F D, C) 

Safier v. Dearin 

Barnard v. Roberts (F D, C) 

Pitt V. Slade (3 causes) 

St. John V. Phelps 

Cullnm e. Upton (F D, C) 

Silver v. Stein (CI) 

Att.-Gen. v. Earl of FingaU 

Davenport v. Crackenthorpe 

(FD) 
Sewell V. Moxsy (CI) 
Marshall v, Moxsy (CI) 
Fruster e. Bull (CI) 
Freeman v. Freeman (CI) 
Harroway v. Wright (CI) 
Jackson v. Swinbom (CI) 
Thomas v. Knight (Q) 
Lloyd V. Peers 
Bartlett v. Harris 
Ford «. Earl of Ch^iterfield 

(4 causes) 
North V. While (E) 
Colyer v. Colyer (CI) 
Ardiibald v. Hartley (Sp. ca.) 
Gelson v, Gelson (F D, C) 
Skipworth v. Skipworth 
Parkin v. Thorold 
Groves v. Lane (CI) 
Frusher v. Frusher (CI) 
Bennett v. Cooke (CI) 
Moore v. Rees (CI) 
Lake v. O'Hara (F D, C) 
Hanson v. Hartley (CI) 
Ayles V, Cox (E) 
Lowe tr. White 
Warde v. Warde 
Langleyv. Hall 
Morgan v. Sayce 
Taylor v. Nixon (CI) 
Elkington v. Aplin (F D, C) 
NewUnd v. Newland (3 causes) 
Abraham v. Smith 
Putt r. Putt (F D, C) 8k 
Rowley v, Whyte 
Bridge v. Bridge 
Major V, Major (E;F D) 
Same o. Same (E, F D) 
Wright V. Bigg (CI) 
Wood V. Smith 1 n? n rx 
Catonv. Caton/^*^^'^> 
Bradstreet v. Baxter (P C) 
Gladding v, NeviU 
Mitchell V. Beaumont 
Abrey v, Neirman 
Herbert v. Bradford (CI) 
Attorney- Gen. v. Twelve Go- 
vernors of Crediton. 



Bifore Vtee-CAaHeeUor 5tr Jambs PAUKxa, at lAneoln'sbin, 



Fenny v. Christmas (E) 

Stent V, Wickens (E) 

Potts 9. Thames Haven Dock 

and Railway Co. (CI) 
Dcrbishire 9. Home^ 
Hoare v. Dcrbishire j 
King 9. Savery (Part heard) 
Shipman 9. Chattock (2 caus., 

part heard) 
Cato 9. Irving (Special case) 
Taylor 9. Frobisher (Sp. case) 
Phillipson 9. North 
Wright 9. Moore 
Cuming 9. Bishop (F D, C) 
Cocker 9. Horn 
Powys 9. Martin 
Rigbye 9. Morris 



Caird 9. Tomkyns (F D, C) 

Smith 9. Ricardo 

Farranoe 9. Velcy (F D, C) 

Hyett 9. Pocoek (2 causes) 

Bolton 9. Williams (2 causes) 

Molesworth 9. Taylor 

Lee 9. Holmes 

Wheeldon 9. Perkins (F D, C) 

Pearoe 9. Watkins 

Coomber 9. Baugh 

Ward 9. Leigh 1 

Leigh 9. Ward J 

Adkins 9. Bliss 

Baldwin 9. Baldwin (FD, C) 1 

Milnes 9. Same (Cause, Ptn) J 

Harrison 9. Round 

Ware 9. Watwm (2 causes) 



Calvert 9. East and West India 
Docks and Birmingham 
Junction Railway Co. 

Pomeroy 9. Ayshford 

Sowden 9. Marriott (F D, C) 

Dtttton 9. Lowndes 

Hedges 9. Hedges (E, F D) 

Lockwood V. Fenton 

Egremont 9. Lee (F D, C) 

Attorney-Gen. 9. Munro (E, 
FD) 

Rittson 9. Stordy 

Vincent, Bart., 9. Hunter 

Lee 9. Barker 

Hume 9. Bentley (E) 

Hunter 9. Nockolds 



Cutler 9. Olive (Special ( 
Strutt 9. Braithwaite 



Woods 9. Robinson 
Boreham 9. BignaU (F D, Ptn) 
Cox 9. Sturgis 

Cooke 9. Cunliffe (Eq. resd.) 
Ridley 9. Ridley 
Crackenthorpe 9. Jouning (F 

D, Ptn) 
Davies 9. Davies 

Nedby"9. Nedby (F D, C) 
Cooke 9. Courteney 
Richards 9. Coulthred (FD, C) 
Ware9.Polhi!l 
ConsUble 9. Bull (F D, C) 
Heyne 9. Tyler (E) 
Waugh 9. Waugh (F D, C) 
Blair 9. Ormond (F D, C) 
Winter 9. Innes (E, F D, C) 
Pyatt 9. Nixon 
Wood 9. Ridgway(2 causes) 
Wilson 9. Bennett (Sp. case) 
Moss 9. Moss 
Warren 9. Warren 
Bailey 9. Brookhouse (F D) 1 
Barnes 9. Same (2 Cls) J 
Ridgway 9. Wood 
Wood 9. Tallcy 
Bridger 9. Bridger 
Att..Gen. 9. Barker (F D, C) 
Carr 9. Smallpiece (E) 
Stone 9. Tompson (F D, C) 
Wmnall 9. Dart 
Whitgrave 9. Sturgis 
Hunter 9. Marton 
Davey 9. Miller (F D, C) 
Dumford 9. Miles 
Thorp 9. Harvey (F D, C) 
Davies 9. Goode 
Gabb 9. Comely 
Coomer 9. Bromley 
Swainson 9. Muncaster (F D, 

C) 
Jones 9. Lloyd (E) 
Sayre 9. Cramp 
Thistlethwayte 9. Garmier (Sp. 

case) 
Coleridge v. Colleton (FD, C) 
Osmond 9. Fisher 
Webb 9. Ledicott (F D, C) 
Gregory 9. Smith (F D, C) 
Horn V. Coleman (3 causes) 
Calhoun 9. Bridger (F D, C) 
Seawin 9. Burton CF D, C) 
Ricards 9. Troup (CI) 
Shields 9. Jenks (CI) 
Perry 9. Heys (2 causes) 
Jones 9. Jones (F D, C) 
Gooday 9. Colchester & Stour 

Valley Railway Co. 
Neave 9. Campbell (F D, C) 
WUUams 9. Nalder 
Hutchinson 9. Newark 
Cary 9. Parkes 



Hay 9. Willoughby (F D, C) 
Hope 9. Threlfall 
Ashley 9. Alldew (F D, C) 
Bath 9. Hippesley (F D, C) 
Bell 9. London and North- 
western Railway Co. 
Daniel 9. Davies 
Jarrett 9. Eastern Union Rail- 
way Co. (CI) 
Berry 9. Same (CI) 
Good 9. Butler (F D, C) 
Dixon 9. Fletcher (CI) 
Peel 9. Watten (CI) 
Windle 9. Newton 
Black 9. Gouldsmith (F D, C) 
Jones 9. Powell (CI) 
Wild 9. Gladstone 
Ker 9. Ruxton (F D, C) 
Lachlan 9. Reynolds (E, F D, 

C) 
Harwood 9. Birstall (3 causes) 
Parker 9. Parker (CI) 
Bennett 9. Hallam 
Stewart 9. Frankland (CI) 
Beresford 9. Barker 
Williams 9. Jones 
Williams 9. Lomas 
Pierce 9. Dawson (Q) 
Kenyon 9. Buckley (F D, C) 
Kemp 9. Latter 
Hagley 9. Gummer 
Bovington 9. Adams (CI) 
Brace 9. Foulkea (CI) 
Newman 9. Cook (CI) 
Lucas 9. Lucas (CI) 
Bowden 9. Knight (CI) 
Locke 9. Cruickshanks (CI) 
Lewis 9. Marsh (F D, C) 
Shortridge 9. Bosanquet 
Helm 9. Garmston (CI) Sh 
Cross 9. Sprigg (F D, C) 
Ward 9. Swift (F D, C) 
Ward 9. Swift (3 causes) 
Hunt 9. Roberts (F D, C) 
Bagshaw 9. Macneil (F D, C 
Edwards 9. Gelling 
Pamell 9. Porter (F D, C) 
Wilkes 9. Slaney (E, F J>, C) 
TraU 9. BqU (E) 
Tracy 9. Cutresa (2 causes) 
Sparrow 9. Hunt (CI) 
Edmondson 9. Modsley (CI) 
Ridler 9. Bendall (CI) 
Gascoyne 9. Gasco3me (CI) 
Brown 9. Heavens (F D, C) 
Laird 9. Macgregor (CI) 
Roderick 9. Brandon (CI) 
Foster 9. Taylor (F D, C) 
Hudlestone 9. Whelpdale (F 

D,C) 
Porter 9. Watts (2 Cls) 
Basham 9. Hopkins (2 causes) 

ith day o/eauies 
Elanston 9. Hale (F D, C) 
Ashwin 9. Ashwin (Sp. case) 
Gibbins 9. Taylor (2 causes) 
TraU 9. Bull (CI) 
Cole 9. Loader 
Arundell 9. Arundell (F D, C) 
Crosse 9. Webb (F D, C) 
,Croly9. Weld(Cl) 
Spencer 9. Brown (CI) 
Williamson 9. Plumer (F D) 
Clarke 9. Bignold (CI) 
Smith 9. Parkes 
Miller v. Cooper 
Meakin 9. Meakin 
Gatty 9. Ryder 
Close 9. Gordon 
Bathurst 9. Coxon 
Same 9. Eason 



6 



THE JUEIST. 



Bathnnt v, Hannah 
Donald v. Bather 
Conldrej v. Powell (CI) 
Smith V. Compton (F D, C) 
Cocks V. Cook 
Harbornev. Harbonie(E,FD) 
Holland v. ETans (F D, C) 
Dvrej V, Bailey (2 causea) 
Hughes v. Griffitiis (CI) 
Co<A V. Bote (CI) 
Grace v. Smith (CI) 
Senior v. Dickenson (F D, C) 
Turner v, Roberts (CI) 
Whitehead v. Thompson 
Ptenny v. Riky (F D, C) 
Lord V. Lord (CI) 
Tribe e. Newland (CI) 
Walker v. Jones 
Jones V, Hargreayes (CI) 
Pyke V. Franklin 
Daniel v. Brown (CI) 
Fish V. Rowbotham (2 Cls) 
Cormack v, Copons (3 causes) 
Tuck V, Child 
Cooper V. Sleight (F D, C) 
Maxwell v. Maxwell (Sp. ca.) 
Spear v. Spear 
Hales V. Plowden 
Arnold v. Arnold (F D, C) 8k 
Clqig 9. Kekewich (2 caosea) 
Penny V.Harris (CI) 
Stephenson v. Jones 
Jepson V, Broad (CI) 
Prendergaat v. Hohne (CI) 
Johnstone v. Shaw (£, F D) 
Vmoent v. Vincent (F D, C) 

8h 
Drant v. Vanse (7 causes, F D, 

C) 
Blacklock p. Harland 
Smallwood v. Tbompaon (CI) 

8h 



Kennington v, Houghton (E) 
Harrison v. Eldon (CI) 
Lake v. Eastern CountieB Rail* 

way Co. 
Robertson v. Small (CI) 
Digance v. Digance (F D, C) 

Gray v. Haig 

Padne V, liarchin (CI) 
Morton v. Verity 
Brown v. Gkirdon 
Giles V. Castle (CI) 
Cambray v. Draper (F D, C) 
Heaton v. Dearden (4 causes) 
Crick V. Babbs (F D, C) 
Clayv. Rufford(R) 
Price V. Macauley (2 Cls) 
Smith V. Holland 
Williamson v. Parker (F D, 

C) 
Gbver v. East (F D» C) 
Budgett 9. Adams (CI) 
Collison a. Heyes f (Canse, 
Welsby ». Heyes J CI) 
Dixon V. Cooke (CI) 
Smith V. Williams (F D, C) 
AshUng V.Baker (CI) AA 
Cocking V. Kennerley 
Coddng V, Hitchin 
Pritchardv. Smith] 
Pritchard v, Frank V 
Pritcfaard v. Jones J 
Bagsbaw v. Winter (CI) 
Mastem v. Mastem (CI) 
Sslumper v. Lynn 
Szlumper v. Lynn 
Szlnmper v. Weeks 
Trotter v. Vining 
Worthington v, Wiginton 
Guardians, &o. of Sculcoate's 

Union v. Robinson (CI) 
Pickthall V. Braithwaite. 



(CI) 



Holb Court* 



JUDOMBNTS RSSBBTBD. 

Cockell V. Taybr 1 
Preston v. CoUett KCanse) 
Collett V.Preston J 
Mortimer v. Watts (Sp. case) 

Plbas and Dbmubrbbs. 
Dean and Chapter of Ely v. 

Gayford(6Pl8)i9 
Alfrey V. Alfrey (3 titles, E to 

Master's certificate) 
Causbs. 
Gas-light Co. v. Symonda (3 

causes, F D, C) 5 O 
Morgan v. Morgui (3 causes, 

£, Ptn) 
H«lev.Bex]ey\(£,FD,C) 
Same v. Same J 8 
Attomey-Gen. v. Mayor of 

Gloucester 8 
Ross V. Ross 
London Gas-light Co. v. Spo- 

tiswoode SO to add parties 
Lord Stuart v. London and 

North-western Railway Co. 

(CI) 8 
Peters v. Beer 8 O 
M'Donneil v. Hesilrige 8 
Weymouth v. Taylor 8 O 
Minn v. Stant (Cause) SO to 

add parties 
Att.-Gen. v. Chambenl „ ^ 
Att.-Gen. V. Rees J^^ 
Barton v. Terrell 
Baker v. Morgan (CI) 



Da Cunha v. Nidkols (CI) 8 O 
Hobden v. Moltneux (Cause) 

8 
Ball V. Brook (Cause) 
Nixon V. PhiUips (CI) 8 O 
Thomas V. Bell (Ci) 
Granrille v. Bettsf (Cause) 
GrsnviUev. BetUJ 8 
Waggitt V. Welch (CI) 
Pearce v. Wrighton (CI) 8 
Jackson v. Jackson (Sp. case) 

80 
Barlow v. Worthington (CI) 
Morgan v. Earl of Home (CI) 
Reeves v. Seymour (CI) 
Bush V. Ferrin (Cause) 8 
Paul V. Roy (Cause) 
Annealey v. Mogg (Cause) 
Horlock V. Horlock (CI) 
Toogood V. Robins 1 
Toogood V. Hema- m Cause) 

man J 

Bryan v. Collins (Cause) 8 
Sanderson v. Cockermonth 

Railway Co. (F D, C) 
Norfolk Railway Co. v. Bayes 

(PD,C) 
Perry v. Fothergill (CI) 
Money v. Jorden (Cause) 
Frere v. Eastern Union Rail- 
way Co. (CI) 
Wallace v. Eastern Union 

Railway Co. (CI) 
Saunders v. Eastern Union 

RaUway Co. (CI) 



|(Causa) 
[Cause) 



E}"cf 



Bradl^ v. Groom 1 n* t> p\ 
Bradley v. Bradl«y J ^'^ "* ^^ 
Soar V. Dalby (Cause) 

Newman v.Kn]gbt\^«Ti r^ 
Newman v.BaU p^^»^) 
CastelU V. Mayor, &c. of Lon- 

don (CI) 8 O 
Wason V. Waring (Cause) 
Burgess v. Stnxgis (CI) 8 O 
Attomey-GoL v. Guildford 

Hospital (Cause) 
Henderson v. Kipling (Q) 
Horlock V. Wilson 1 /n— -^\ 
Horlock V. Sawyer r^****^ 
Horlock V. Horlock 1 /r»_.\ 
Horlock V. Sawyer J ^^""^^ 
Horgan v. Danborough (CI) 
Clowes V. Beck (Cauae) 
Jones V. Bowen (6 titles, F D, 

C) 
Stratton v. Lawrence (CI) 
Reeves v. Baker \ m \ 
Reeyes v. Loscombe/^^"'-' 
Att.-Gen. v. Atkinson (Canse^ 
Denia v. Denis (CI) 8 O 

Causes tran^erred fivm the Book qf Causes of tke Vtee- 
Ckaueeiior Sir Riekard T. Kindersley to tke Book qf 
Causes qf tke Riffkt Hon, tke Master of tke Rolls, by order, 
dated tke 23rd J}eeember, 1851. 



Jones V. F6zall 

Jones V. Chamber- 
lain 

Hensman v. Weir (< 

Montagu v. Montagu l.p^ 

Montsguv. England J^^^/ 

Stansfield v. Hobson (Q) 

Hipkin V. Bieaia (CI) 

Baynton v. Hooper (E, F B, 
C) 

Att..Gen. 9. Gilbert 

Att.-Gen. v.Birming- 
ham Grammar-sc£. 

Thomas v. Pinnel (CI) 

Attorney-General v. Colqgme 
(Cause, Ptn) 

Edwards v. Edwards (Sp. ea.) 

Floyd 9. Sard (CI) 

Forder v. Bain (CI) 

Coulthnrst v. Carter (Sp. ca.) 

Clarke v. CbatfieUl (3 cansai, 
FD,C) 

Cable V. Cable (Cause) 

Heath v. Clunes (CI) 

Bray v. Bridport (3 titles, E). 



Gabriel v. Stratton (Canse) 
Hardy v.HuU(FD,C) 
Panter v. Panter (Cauae) 
Barlow v. Lauitonr 
Bushv. Whideyl .«. 
Bushv. Windey/W 

Calvert v. Seabnght (E) 
Middleton v. Mlddleton(FD, 

C) 
Frost V. HUton (F D, C) 
Whitworthv.Brojgden1 rp v 
Whitworthv. Brogden J ^^'^ 
BaU V. Barker (F D, C) 
Oddie V. TattersaU (F D, C) 
Aufirere v. HUl (E, F D, C) 
Brown v. Smith (£) 
Fazakerley v. Gillibrand (E, 

FD,C) 
Att..G«n. V. Wilaheral (FD, 
Willshersv.Haimoodf C) 
HoU V. Gedge (F D, C) 
Policy V. Seymour (6 titlea, F 

D,C) 
Gleadow v. Official Mainager 

oftheHuU Glass Co. (FD, 

^} 
Goldesbroughv. Stock-"] 

St^weU V. Goldes- p^^ 

brough J 

HUes V. Moore (3 tits. E, Ptn) 
Bradby v. Munton (E) 1 
Bradby v. Munton (Cause} J 
Stnrgis v. Arrowamith (3 titles, 

FD,C) 
Randall v. ParkinBon (4 titles, 

FD, C) 
WUkinson V. Hartley (E, F D, 

C) 
Waldron v. Sloper (CI) 
Clarke v. Font (F D, C) 
Konsit V. Stratford (F D, C, 

Ptn) 
Rose V. Gould (F D, C) 
Attomey-Gen. v. Trevalyan(5 

titles, F D, C) 
Langton v. Duke of Portland 

(CI) 
Gardner v. Smithson (CI) 
Barron v. Lanoefidd (Cause) 
Butterfield v. Heath (E) 



Johnson v. Johnson (4 titles, 

FD,C) 
Davis V. GrayT/EN 
Grmyv. Daviaj^*^' 
Rodney v. Rodney (3 titki, 

FD,C) 
White V. Jackson 1 /« n r\ 
White V. Jackson p' ^» ^^ 
Jackson v. Brooke (F D, C) 
BeUv. Rea(£) 
Wellesley v. Wellesley (5 tits* 

E) 
Boothby v. Gravea (F D, C) 
Dennitt v. Elwick (CI) 
Winter v. Elwick (CI) 
Bird V. Smith l/p -n n\ 
Bird V. Pitman ;^*^^'W 

Lake v. Carrie (B) 
Gregory v. Simmons (CI) 
Long V. Watkinson (F D, C) \ 
Long V. Long (Cause) / 

Williams v. Powell (3 titles, 

E) 
WiUiams v. Powell (3 titles, 

FD,C) 
Blaklston v. Browne (F D, C) 
EUis Fietdier v. Windsor (Ca.) 
Thornton v. Ellis (F D, C) 1 
Thornton v. Ellis ^Canse) / 
Gray v. Gray (3 tities, F D, G) 
Cave V. Cave (Cause) 
Hitchcock V. Jaqnes (3 titles, 

FD,C) 
Brophy v. Bellamy (F D» C) 
Platel V. Stapleton \ ,^v 
PUtdv.StaplctonP^*-' 
Case V. Durrant (CI) 
Wellings v. Price (CI) 
Bestv. Tyntel ,p.„^% 
Bestv.Tjnte/^^'*^) 
Evans v. Evans (Cauae) 
HoUiday v. Overton (CI) 
Turner v. Boult (CI) 
Hoghton V. Hoghton 1 ^q^ v 
Hoghton V. Hoghton J ^ •' 
ElHs Fletcher r. Gerrard(Ca.) 
Phipps V. Stone (CI) 
Sutton V. Smith \ /ri-«-.\ 
Sutton V. Hayslem J V^«««J 



Begg V. Trecothick (CI) 
Tibbsv. Killingback(a; 



THE JUBIST. 



CatOflj 9. VuMent (C«im) 
Jackacm v. Gnnt (Caine) 
Kewman v. Baker (CI) 
O'BriflD «. Nugent (Conse) 
Greene «. Flowen (Canee) 
CoOani 0. Sampwrn rCi) 
Haqgin v. Mangin (Cauae) 
Hamilton v, Baldwin (Special 

caee) 
^hillqpa v. Lewia (F D» C) 
ShBBwnbiury and Birmingham 

Bailway Co. v. London and 

Nordi-weatem Bailway Co. 

(Canae) 
Brodhnrit «. Snow (CI) 
Angentein v. Martin 1 (F D, 
Aogenteinv. MaitinJ C^ 
Blackburn o. Long (Canae) 
Perkina 9. Underwood (F J), 



Hitdicodc tr. Beanclerik (CI) 
Grierea tr. Bawley (CI) 
ChalliB V. Daniel (Canae) 
Borleigh v. Famtt (F D, C) 
Greene v. Flowen (Canae) 
Edmondi v. Goater (3 titles, 

E,FD,C) 
Toner v. Deane (CI) 
Price V. LoTett (Canae)- 
Browne v. Monro (Canae) 
Hendenon v, Robaon (CI) 
Ptoker V. Carter (Q) 
Stonor r. Stonor 1 /o^„^\ 
Stonorr. Stonor J ^^"*^^ 

lJr::S;;r}(c««) 

Blaikiev. Claik\,p^,^. 
Cock V.Clark p^'"^) 
Morria «. Owena (CI) 
Knott o. Cottee (E) 
Knott V. Prier (E, I 
Knott v.Motria(E, 



nia(Cn 
»(E) 1 

r(E,FD,C)l 
ia(E,FD,C)J 



EndqfTVm^fer, 



Waid V. Homfrsy (E) 
Waid o. Homfiay (B) 
Smitii #. King (CI) 
Bastoro. Baxter (4 titlei, F D, 
C) 



Timmons v, Lloyd (CI) 

TwiM«.Mar8hall(Cl) 

Lqrd T^mro v. Archbiahop of 

Canterbory (Canae) 8h 
Mantv.Leith(Canie). 



liOnOon ttB»ttt§. 



TUESDAY. Jaiotart 18. 

BANKRUPTS. 

WILLIAM MOSS the yomigcr, Stock.mOla, Stoek, Eaaa, 

miller, dealer and chapman, Jan. 22 at half-paat 11, and 

Feb. 26 at 12, Court of Bankruptcy, London : Off. Aea. 

Johnaon; Sole. Woodward, BiUerioay, Eeaez; Meant. 

Linklater, 17, Siae-lane.— Petition filed Jan. 10. 
ALFRED MARKWICK, Martin'e-lane, Cannon-atreet, 

London, mannfaotoier, dealer and diapnan, Jan. 24 and 

Feb. 27 at 11, Court of Bankruptcy, London: Off. Aea. 

Cannan; Sole. Lawrence & Co., Old Jewry-cfaamben, 

London. — Petition dated Jan. 12. 
HAROLD STANLEY, Gerrard-etreet, Soho, Middlesex, 

flcrifener and bill broker, dealer and chapman, Jan. 27 at 2, 

and Feb. 26 at 1, Court of Bankruptcy, London : Off. Aea. 

Groom; Sol. Miller, 10, Gray'a-inn-plaoe, Gray's-inn. — 

Petition filed Jan. 6. 
EDWARD WICKIN8, Finreiiham, Kent, Unendnper, 

dealer and chamnan, Jan. 27 at half-paat 2, and Feb. 26 at 

11, Court of Bankruptcy, London: Off. Aea. Edwards; 

Sola. J. & J. H. LinUafeer, 17, Siae-lane, Bncklenbnry.— 

Petition filed Jan. 12. 
BOBERT PLOWDEN WESTON, Wellington, Shrooehiie, 

surgeon and apothecary, Jan. 26 and Feb. 26 at half-paat 

11, District Court of Bankruptcy, Birmingham : Off. Asa. 
Christie; Sob. Mesan. Wace, Shrewabury; Smith, Bir- 
mingham. — Petition dated Jan. 8. 

ISAAC GARDINER, Bristol, saddler and harness maker, 
dealer and chapman, Jan. 27 and Feb. 24 at 11, Diatrict 
Court of Bankrupted, Bristol: Off. Ass. Button; Sol. 
Beran, Bristol. — Petition filed Jan. 8. 

GBORGE MOON, Borrowby, near Thirsk, North Riding of 
Toricshire, oom miller, dealer and chapman, Jan. 23 and 
March 4 at 11, District Court of Bankruptcy, Leeds: 
Off. Ass. Freeman; Sols. Swarbreck, Thirsk; Barr & 
Nelson, Leeds.— Petition dated Jan. 6 ; filed Jan. 7. 

JOHN STEPHEN ORFORD and WILLIAM KIRK- 
HAM, Manchester, paper hangers, dealers and diapmen, 
(under the style or firm of J. S. Orford & Co., and which 
Mid William Kirkham also lately carried on business at 
Manchester on his own separate account as a plasterer and 
painter, and fringe manufacturer), Jan. 23 and Feb. 13 at 

12, District Court of Bankruptcy, Manchester : Off. Ass. 
Maekenaie ; Sols. Cooper & Son, Manchester ; Brisley, 4, 
Paaeras-lane, London. — Petition filed Jan. 1. 



JAMES PHILIP TAIT LAZARUS, Hori>ury, Yorkshire, 
Stewart-street, Spitalfields, liiddlesez, and Onde Scfaams, 
Amsterdam, Holland, merchant, dealer and chapman, Jan* 
29 and March 4 at 11, District Court of Bankruptcy, Leeds: 
Off. Ass. Freeman ; Sols. Cloogh & Bantoft, Huddersfidd; 
Courtenay & Compton, Leeds. — Petition dated Dec. 30; 
filed Dec. 31. 
JAMES COOPER, liverpodl, butcher, Jan. 21 and Feb. 
16 at 11, EHstriet Court of Bankruptcy, Liverpool: Off. 
Ass. Casenove; SoL Greatley, LiverpooL^Petition filed 
Jan. 6. 

MnvnKos. 
Ljfon Samuelt (not SoJomtmt, as adTertised in last Tuesday's 
Gaxette), Bury-street, St. Mary-axe, London, jeweller^ Jan. 
17 at 12, Court of Bankruptcy, London, last ex.— rAomat 
Skimf Cambridge, spirit merchant, Jan. 23 at II, Court of 
Bankmptoy, London, and. an.— Glcrlet Wkeeier, St. Mar- 
tin'a-lane, Middlesex, woollendnqper, Jan. 24 at 11, Court of 
Bankmptcy, London, and. ac.— 5*. AMim, Eastcheap, London, 
com faetor, Jan. 24 at 12, Court of Bankmptcy, London, and. ae. 
^NickoloM ITArep, Pell-mell East, Middleeex, hotel keepw , 
Jan. 23 at 12, Court of Bankmptcy, London, aud. ac. — /• 
Hillf Thome, Yorkshire, wine merchant, Jan. 24 at 12, Dis- 
trict Court of Bankmptcy, Sheffield, aud. ac. — Wm. Water* 
man. Wicker, Sheffield, Yoricshire, grocer, Jan. 24 at 12, 
District Court of Banknqttcy, Shelfield, aud. wa.— William 
MuUimfftr HigginMt Birmingham, laoeman, Jan. 24 at 11^ 
District Court of Bankmptcy, Birmingham, aud. ac. — Cha$m 
Watt, Southampton-st., Pentonrille, Middlesex, baker, Feb. 6 
at 12, Court of Bankruptcy, London, diT.— C Maekeniii, 
Lower Crown-st., Westmmster, Middlesex, bookbinder, Feb. 3 
at 1, Court of Bankmptcy, London, diT.— Ito^/. JioAson, New- 
csstle-upon-Tyne, manufiietnrer of plsster of Paris, Ftob. 5 at 
half-past 11, District Court of Bankruptcy, Newcastle-upon- 
!I^fne, fin. dir. 

Cbitifioatis. 

Zb b0 aXUmfdf tmlati Omtaa bt akamn ta tka aomtrarf on er 
hff9ra tka Dmif qfMaatimff, 
Bdward Ckurtom, Holies-street, CaTendish-square, Middle- 
sex, bookseller, F^b, 3 at 12, (and not Jan. 3, as advertised hi 
last Friday's Gazette), Court of Bankmptcy, London.— J?<f». 
Svaiu, Paddington-green, Middlesex, nurseryman, Feb. 5 
at 2, Court of Bankraptcr, London. — Wm. MUUr, Hawley- 
pkee, Kentiah-town, Middkaex, baker, Feb. 4 at 12, Court of 
Banknmtay, London.— ^oeqiA BanUh, Attrinefaam, Cheahim, 
jofaier, Feb. 5 at 12, Diatrict Court of Bankmptcy, Manches- 
ter.— Jb>ft«r# Jaekton, Nottinjriiam, butcher, Feb. 6 at 12, 
Diitriet Court of Bankmpti^, Notting^udD. 

2b be granted, tmleei an Appeal be duly entered, 
Henrp Aldrieh, Ipswich, Suffolk, com merchant.— Jbilfi 
Horweu, Lower Marsh, Lsmbeth, Surrey, cheesemonger.-* 
Ann Bliaabetk HieJkman, Cannon-st.-road, St. George's in 
the East, Middleeex, undertaker.— fFm. Powell, Jeffery's-st., 
Camden-town, Middleeex, builder. — Robert Andrew Taylor, 
Dnnston, Durham, Epaom aalts manufiu:turer. — W. Haekeit, 
Leicester, dealer in pianofortes.— 2!lofiia« Qoddard, Derby, 
brash manufoeturer. 

PsHTIONa Alf NVLLVD. 

George Jffaynee, Leek, Staffordshire, draper.— DovJd jETood, 
Chorky, Lancashire, bleacher. 

Scotch SBaun«TRATi0K8. 
Jamee Jamieeon, Paisley, draper. — Daniel M^Dougall, 
Kilmamock, confectioner.— Geo . Jl. Baxter ^ Son, Dundee, 
grocenk— .FV-oser, M*Vean, Sf Co., Glasgow, calico printers. 

INSOLTENT DEBTORS 
Wko hane filed their Petitione in the Court qf Bankruptcy, 

and have obtained an Interim Order for Protection from 

Proeeee, 

Henry Aikineon, Halite, Yoricshire, stonemason, Jan. 23 
at 10, County Court of Yorkshire, at Halifax.— iSteaN«/ /rt- 
dale, Halifax, Yorkshire, woollen manufiustnrer, Jan. 23 at 10, 
County Court of Yorkshire, at HalifiuL.— 7*. Howard, Deal, 
Kent, grocer, Jan. 21 at 11, County Court of Kent, at Deal.— 
Jaaue iiaUalieu, Hatterdey, ChesUre, gamekeeper, Jan. 21 
at 12, County Court of Cheshire, at Hyde.— /oAn Brook 
Dmrane, HuddeMfieU, Yorkshire, batter, Jan. 22 at 10, 
County Court of Yorkdiire, at Huddersfield.— ^m. Oerrard, 



8 



THE JURIST. 



Holme, Manchester, Balesman, Jin. 23 at 11, Coontr Court 
of Lancashire, at Mandkeater.— JRieAarJ JReea, Llanelfj, Car- 
marthensbiie, cabinet maker, Jan. 27 at 2, Coanty Conrt of 
Carmarthenshire, at Carmarthen.— 7*. Needkam the younger, 
Keadby, Althorpe, Lincolnshire, innkeeper, Jan. 26 at 1, 
Connty Court of Yorkshire, at Thome.— /oAfi Bidgwajf^ 
Keadby, Althorpe, Lincohuhire, batcher, Jan. 26 at I, 
Connty Court of Yorkshire, at Thome. — Samh Kirkkam^ 
Wigan, Lancashire, out of busmess, Jan. 16 at 10, County 
-Oourt of Chealiire, at Birkenhead. 

Th9 following PeriotUf who, on ikthr ieveral PetUion» filed 
in the Comri, kane obtained Interim Orderefor Protection 
Jrom ProeetSf are required to appear in Cowt ae herein^ 
qfter mentioned, at the Court^homee, in Portugat'ttreet, 
Lincoln's Inn, aefollowe, to he examined and dealt with 
according to the Statute : — 

Jan. 28 at 11, b^ore the Chibt Commissionbb. 
Wm. Canaeott, John-street, East-st., Walworth, Surrey, 
{Tooer. — Wm, F, Wells, George's- terrace, Lewisham-road, 
Greenwich, Kent, schoolmaster. — John H, Marshall, Great 
Winchester-st., London, chief engineer in the Royal Nary. 

Jan. 28 at 10, btfore Mr. Commissioner Law. 
Wm. Cooper the younger, Chad's-row, Gray'f-inn-road, 
King's-crosB, Middlesex, common brewer. 

Saturday, Jan. 10. 
The following Assignees have been appointed. Fktrther par- 
ticulars mag be learned at the Ofice, in PortugaUst., 
Lincoln' s^inn-fields, on giving the Number (if the Case. 
Abraham Kelt, Ciaygate, Thames Ditton, Surrey, labourer, 
No. 62,580 T.; Samuel Dodson, assignee.— H. Wo\ferstan, 
Steyning, Sussex, chembt, No. 74,469 C; Richard Hayward, 
assignee. — t/oAn Spenceleg, Kingston-upon-HuIl, licensed 
victualler, No. 74,003 C; James G. CarliU, assignee. — lUch. 
Oibbs, South Littleton, Woroestecshire, farmer, No. 74,383 
C; Wm. Rodd and John K. Hastings, assignees. — Samuel 
Wood, Biidgewater, Somersetshire, rarniture broker, No. 
74,264 C; Samuel Daanton, assignee. 

Saturday, Jan. 10. 
Orders have been made, vesting in the Provisional Ajssignee 
the Bstates and Bfects q/ the following Persons:-^ 
(On their own PetitionsJ. 
John Sanderson, Blackfriars-road, Surrey, umbrella manu- 
&cturer : in the Queen's Prison.— FFm. Hex, Northnmber- 
land-court, Northumberland-st, Strand, Middlesex, carpenter: 
in the Debtors Prison for London and Middlenex. — Stephen 
William Burridge, Stone's-end, Newington-cauaeway, Surrey, 
manager to a licensed victualler : in &» Queen'a Prison.— 
Daniel Coulter, Rochester, Kent, brewer: in the Debtors 
Prison for London and Middlesex.— CAor/et Wm. Sevan, 
New Bridge-st., Blackfriars, London, manager of an insurance 
company : in the Debtors Prison for London and Middleaex. 
^Nathan C. Hammond, Tennison-st., York-road, Lambeth, 
Surrey, feather-bed and mattress manofacturer : in the Debtors 
Prison for London and Middlesex. — Blitabeth Collett, widow, 
King's-road-cottage, Asylum-terrace, Chelsoi, MiddlMex, out 
of business : in the Debtors Prison for London and Middle- 
sex. — Edward Blstone, Princess-st., Stamford-st., Black- 
friars-road, Surrey, omnibus proprietor : in the Debtors Prison 
for London and Middlesex.— ittcAorJ Scott, Oxford-street, 
Stepney, Middlesex, carpenter: in the Debtors Prison for 
London and Middlesex. — Thos. Smith, Church-st., Chelsea, 
Middlesex, wine merchant : in the Debtors Prison for Lon- 
don and Middlesex. — David H. Hammond, Norwich-court, 
Fetter-lane, London, broker : in the Debtors Prison for Lon- 
don and Middlesex. — William Ann Chenery, widow, St. 
John's Wood-terrace, St. John's Wood, Middlesex, out of 
business : in the Debtors Prison for London and Middlesex.— 
John Willsher, Grove-place, Lisson-grove, Middlesex, baker : 
in the Debtors Prison for London and Middlesex. —/o^» 
Broehbank, Church-street, Lambeth, tobacco manufacturer.— 
John Mair, Vassall-terrace, Holland-road, Brixton, Surrey, 
traveller to a warehouseman : in the Debtors Prison fbr Lon- 
don and Middlesex. — Samuel Blsworth, Little Horton, near 
Bradford, Yorkahire, provision dealer : in the Gaol of York.^ 
Wm. Higginson, Manchester, butdier : in the Gaol of Lan- 
caster.— /mac Lintem, Bitton, near Bristol, Gloucestershire, 
fumer: in the Gacd of Gloaoetter.^Jio(«rl Courage, New- 



castle-upon-iyne, tallow chandler : in the Gaol of Newcastle. 
upon-Tyne. — William Bwen, March, Isle of Ely, Cambridge, 
shire, grocer : in the Gaol of Cambridge.— /(im«« Holroyd, 
Sonthowram, Halifsx, Yorkshire, woollen waste dealer : in the 
Gaol of York. — Thomas Lester, Carnarvon, grocer : in the 
Gaol of Camarvon. — Oeorge Smith, Bristol, Somersetshire, 
assistant to a butcher : in the Gaol of Bristol.— George Henrg 
Wright, Clarence-terrace, Haggerstone, Middlesex, maJtster : 
in the Gaol of Hertford. — Robert Inman, Salford, Lancashire, 
dealef in paper hangings : in the Gaol of Lancaster.— Owrye 
Inman, Salford, Lancashire, dealer in paper hangings : in the 
Graol of Lancaster. —/osi»p A Ruthefford, Newcsstle -upon- 
Tyne, shoemaker : in the Gaol of Newcastle-upon-Tyne.— A. 
Symonds, Great Yarmouth, Norfolk, house agent: in the 
Goal of Norwich. — Nicholas Smirk, Bishopwearmouth, Dur- 
ham, sail maker : in the Gaol of Durham. — Nicholas Smirk 
the younger, Sunderland, Durham, sail maker : in the Gaol 
of Durham. — T. W. Tipler, Rugby, Warwickshire, newspaper 
reporter: in the Gaol of Coventry.— /oAn H. Harrison, 
Bristol, Somersetshire, dealer fai manures: in tbe Gaol of 
Bristol.— Tiftomof JDMroM, Newcastle-upon-Tyne, innkeeper: 
in the Gaol of Newcastle-upon-Tyne. — John Cheshire the 
elder. Monks Ferry, near Birkenhead, Cheshire, salt pro- 

Srietor : in the Gaol of Chester.— JoAfi Cartwright, Hufme, 
lanchester, boiler maker : in the Gaol of Lancaster. — Edw. 
TunstaU, LlangoUen, Denbighshire, broker : in the Gaol of 
Ruthin.— FFfw. Hodgson, Lancaster, butcher : in the Gaol of 
Lancaster.— JoAn Sadler, Liverpool, letter-preas pilhter : in 
the Gaol of Lancaster.— JbAn Lhgd, Mandiester, proviaon 
dealer : in the Gaol of Lancaster.— 7%o«. Lucas, Ashton-in- 
Mackerfield, Lancashire, farmer : in the Gaol of Lancaster.— 
Bobt. Wood, Stubley, near Rochdale, Lancashire, bookkeeperi 
in the Gaol of Lancaster.— /sm«« JRow6o//oim, Manchester, 
ale dealer ; in the Gaol of Lancaster.- Gee. Cullender , Birken- 
head, near Liverpool, woollendraper : in the Gaol of Lancas- 
ter.— CAof. Phillips, Liverpool, tobacconist : in the Gaol of 
Lancaster.— >/oAsi Clpenshaw, Hulme, Manchester, licensed 
victualler : in the €ku>l of Lancaater.— iSamiceJ Bradley, Pres- 
ton, Lancashire, confectioner : in the Gaol of Lancaster.— 0. 
Crofts, Exmoudi, Devonshire, shoemaker : in the Gaol of St. 
Thomas the Apostle. — I%omas Parrott, Plymouth,, Devon- 
shire, chemist : in the Gaol of St. Thomas the Apostle.— ff. 
Cartwright, Manchester, boiler maker : in the Gaol of Lan- 
caster. 

The following Pr is oners are ordered to be brought up b^ore 
the Court, in Portugal-street, to be examined and dealt 
with according to the Statute g-^ 

Jan. 27 al 11, b^ora the Cbibf CoMmaaioNER. 

James M. Mallan, Gower-street, Bedford-square, Middle- 
aex, dentist. 

Jan, 28 at 10, btfore Mr. Commissioner La.w. 

H. T. Gray, Stepney-green, Middlesex, ropemaker. 

Jan. 29 af 11, brfore Mr. Conunissioner Phillips. 

Joseph Sumner, New Quebec-street, Portman-square, Mid- 
dlesex, out of business. — Thomas Hor^fall, Dyer's-buildings, 
Holbom, London, commission agent. 

The following Prisoners are ordered to be brought up before 
a Judge qf the County Court, to be exawsined and dealt 
with according to the Statute :^~' 

At the County Court qf Northumberland, at Nbwcastle- 
upok-Ttns, Jan, 29 at 10. 

Joseph Rutherford, Newcastle-upon-Tyne, shoemaker.— 
Wm. Inness, Newcastle-upon-Tyne, out of business.- 7*Aof. 
Dixon, Newcastle-upon-Tyne, innkeeper. — Robert Courage, 
Newcastle-upon-Tyne, tallow chandler. 

MSSTIMOS. 

John Dodsley, Nottingham, assistant at a brewery, Feb. 2 
at 12, Lea's, Nottinrioiam, sp. aff. — Edwin Revell, Lloyd's- 
row, St. John's-road, Clerkenwell, Middlesex, silversmith, 
Jan. 29 atl, Spyer & Son's, 30, Broad-street-buildings, Lon- 
don, sp. aff* 



THE JURIST. 



9 



FRIDAY, January 16. 

BANKRUPTS. 

FRANCIS FREDERICK WOODS, Pelham.terrace.Bromp. 
ton, and Little Portland-atreet, Oxford-atreet, Middlesex, 
bailder and contractor, Jan. 23 at half.paat 12, and Feb. 24 
at 11, Court of Bankruptcy, London : Off. Ass. Bell ; Sol. 
Lewis, 15, Wilmington •square. — Petition dated Dec. 12, 

JOHN BRISTOW, Lewes, Sussex, tea dealer and tobacco- 
nist, dealer and chapman, Jan. 26 at 12, and Feb. 26 at 2, 
Court of Bankruptcy, London : Off. Ass. Bell ; Sol. Cot- 
teriU, 32, Throgmorton-street.— Petition filed Jan. 14. 

WILLIAM HOUSTON, St. James's-terrace, Harrow-road, 
Faddington, Middlesex, builder, plasterer, dealer and chap- 
man, Jan. 31 and Feb. 28 at 12, Court of Bankruptcy, 
London: Off. Ass. Nicholson; Sob. Lawrance & Co., Old 
Jewry-chambers, London. — Petition dated Jan. 14. 

WILLIAM DALTON, Charlotte-street, PimUco, Middlesex, 
grocer, dealer and chapman, Jan. 28 at half-past 1, and 
Feb. 27 at 12, Court of Bankruptcy, London : Off. Asa. 
Staosfeld ; Sol. Hughes, 15, Bedford- street, Covent-garden. 
— ^Petition filed Jan. 8. 

JAMES INGRAM, Southampton, seedsman, nurseryman, 
florist, dealer and chapman, Jan. 31 at half-past 12, and 
Feb. 28 at 11, Court of Bankruptcy, London: Off. Ass. 
Nicholson; Sols. Lawrance & Co., Old Jewry •chambers, 
Londim. — Petition dated Jan. 13. 

THOMAS URQUHART ANDERSON, Wellington, Shrop- 
shire, mercer and draper, dealer and chapman, Jan. 28 and 
Feb. 18 at half. past 11, District Court of Bankruptcy, Bir- 
mingham : Off. Ass. Valpy ; Sols. Knowles, Wellington ; 
Slaney, Birmingham. — Petition dated Jan. 10. 

JOHN VARLEY, Manchester, chemist and druggist, dealer 
and chapman, Jan. 28 and Feb. 18 at 12, District Court of 
Bankruptcy, Manchester : Off. Ass. Fraser ; SoL Robinson, 
Hnddersfield.— Petition filed Jan. 12. 

MBKTIX68. 

John lUehttrtU, George-yard, Lombard-street, London, 
metal broker, Jan. 29 at 1, Court of Bankruptcy, London, pr. 
d. — T. DixoUt Bradford, Yorkshire, iron merchant. Feb. 6 at 
1 1 , District Court of Bankruptcy, Leeds, pr. d. ; at 12, and. ac. 
— -Tiltf Bromley RUl Iron and Coal Company ^ Bream, Forest 
of Dean, Gloucestershire, manufacturers of iron, Feb. 3 at 11, 
Disbriet Court of Bankruptcy, Bristol, pr. A,^Jo9tph TVati, 
Bemers-street, Oxford-street, Middlesex, plumber, Jan. 29 
at 11, Court of Bankruptcy, London, ch. ass. — Bdw, Jonet, 
Strand, Middlesex, woollen draper, Feb. 4 at 1, Court of 
Bankruptcy, London, aud. ac. — Riehard SeymoWt Down- 
ham, Cambridgeshire, grocer, Feb. 4 at 12, Court of Bank- 
roptcy, London, aud. ac. — John C, San^fordt Paternoster- 
row, London, stationer and bookseller, Feb. 4 at 1 , Court of 
Bankruptcy, London, aud. ac. — Thonuu Stephen Curtiee, 
Yoik-street, Westminster, Middlesex, cheesemonger, Feb. 3 
at half-past 12, Court of Bankruptcy, London, and. ac. — 
William Simmonda, Brighton, Sussex, grocer, Jan. 29 at II, 
Conrt of Bankruptcy, London, aud. ac. — William HolmeSt 
Crober's Cottages, Bedford-st., AU SainU', Poplar, Middle- 
sex, builder, Jan. 27 at 2, Court of Bankruptcy, London, 
and. ac. — Robert Miller For6e», Great St. Helen's, London, 
proTision merchant, Jan. 29 at 11, Court of Bankruptcy, 
London, and. ac. — George Moredey Mowbray, Hove, Sussex, 
bailder, Jan. 29 at 11, Court of Bankruptcy, London, aud. 
ac. — John Knight the elder and John Kn^ht the younger. 
Walham-greed, Middlesex, butchers, Jan. 29 at 12, Court of 
Bankruptcy, London, aud. ac. — Joeiah Joeeph Hatch, Friday- 
st., London, wholraale furrier, Jan. 29 at 1, Conrt of Bank- 
ruptcy, London, aud. ac. — Augustus Radeliffe the younger, 
CUdiester-place, Gray's-inn-road, Middlesex, window glass 
merchant, Jan. 29 at 11, Court of Bankruptcy, London, and. 
ac. — Michael McDonnell, Liverpool, shipowner, Jan. 26 at 
11, District Conrt of Bankruptcy, Liverpool, aud. sc.^ Jacob 
Jenkins Nicholas, Newport, MonmouUishire, timber mer- 
chant, Feb. 5 at 11, District Court of Bankruptcy, Bristol, 
and. ac. ; Feb. 7 at 12, dii. ^Thomas Bray, Haseley, War- 
wickahire, miller, Feb. 4 at half-past 11, Diatrict Court of 
Bmkmptcy, Birmingham, aud. ao. ; Feb. 11 at half-past 11, 
diT. — John Jowett and Thomas Jowett, Cross Cheaping, 
Coventry, Warwickshire, grocers, Feb. 18 at half-past 11, 
I>istrict Court of Bankruptcy, Birmingham, aud. ac. ; Feb. 
19 at balf-past 11, diy,^-^oseph Lichfield the younger, Bir- 



mingham, pork butcher, Jan. 29 at half-past K^ District 
Conrt of Bankruptcy, Birmingham, and. ac. — Wm, Smith, 
heeds, Yorkshire, ironfounder, Jan. 29 at 11, Diatrict Court 
of Bankruptcy, Leeds, aud. ac. — R. Baxter, Sheflield, York- 
shire, merchant, Feb. 7 at 11, District Court of Bankruptcy, 
Sheffield, aud. ac. ; at 12, div.— /. Beach, Bradford, Yorkshire, 
apothecary, Jan. 29 at 11, District Court of Bankruptcy, 
Leeds, aud. ac. — John Thompson, Leeds, Yorkshire, china 
dealer, Jan. 29 at 11, Dutrict Court of Bankruptcy, Leeds, 
aud. %o,^Robert Lodge, Start)otton, Kettlewell, Yorkshire^ 
miner, Feb. 9 at 11, District Court of Bankruptcy, Leeds, 
aud. ac. ; Feb. 10 at 11, fin. div.^ Joseph Watson, Gnis- 
boroogh, Yorkshire, maltster, Feb. 2 at 11, District Court of 
Bankruptcy, Leeds, aud. nc.—Thos. Barrett, Oxford, timber 
merchant, Feb. 10 at 11, Court of Bankruptcy, London, div. 
— O. Mahon and Wm, Stephen Mummery, Avery-row, Bond- 
st., Middlesex, paper stainers, Feb. 10 at 12, Court of Bank- 
ruptcy, London, div. — Charles Lee, Marlborough Cottages, 
Marlborough-road, St. John's-wood, Middlesex, jeweller, 
Feb. 10 at 11, Court of Bankruptcy, London, div.— JVaM. 
Bowdler, Cotton-st., Poplar, Middlaiex, licensed victualler, 
Feb. 10 at half-past II, Court of Bankruptcy, London, div, 
— George Gamham, Rougham, Suffolk, fimner, Feb. 6 at 11, 
Court of Bankruptcy, London, div. — Bdmund Sheffield, 
Crisp-st., Poplar, Middlesex, builder, Feb. 7 at 1, Court of 
Bankruptcy, London, div. — Nicholas D*Arcy, Pali-mall East, 
Middlesex, hotelkeeper, Feb. 7 at 1, Court of Bankruptcy, 
London, div. — Peter Van den Ende, Strood, near Rochester, 
Kent, woolstapler, Feb. 7 at 1, Court of Bankruptcy, London, 
div.— FTin. Pashley and F)raneis Pashley, Sheffield, York- 
shire, table-knife manufiscturerB, Feb. 7 at 12, District Conrt 
of Bankruptcy, Sheffield, div. 

CUTIPIOATXS. 

7b be mUowedt umiees Camse be shemn to the contrary on w 
before the Day qf Meeting, 
John Short, Weedon Beck, Northamptonshire, wine mer- 
chant, Feb. 6 at 11, Conrt of Bankruptcy, London.— George 
WakeUmg, Chelmsford, Essex, auctioneer, Feb. 6 at 11, Conrt 
of Bankruptcy, London. — Alfred Lyon, Saffron Walden, 
Essex, draper, Feb. 6 at 12, Conrt of Bankruptcy, London.^- 
William Voung, Newport, Monmouthshire, victualler, Feb. 
17 at 11, District Court of Bankruptcy, Bristol.— /acod /en- 
kins Nicholas, Newport, MonmouthsUre, timber merchant, 
Feb. 7 at 11, District Court of Bankruptcy, Bristol.— ^omiie/ 
Litchfield, Birmingham, druggist, Feb. 10 at 1, District 
Conrt of Bankruptcy, Birmingham. 

To be grante4t ^tuless an Appeal be duly entered, 
Joseph Marriott, Gracechurch-street, London, oil and Ita- 
lian warehouseman. — Edwin Parhe Quadling, Ipswich, Suf- 
folk, railway carriage builder.— fTt/Ziom Stephen Mummery, 
Avery-row, Bond-street, Middlesex, paper stainers. — Henry 
Camn^ord, Ottery St. Mary, Devonshire, innkeeper. — BdwaA 
William Cherrill, Ramsgate, Kent, cabinet maker.— Himry 
Ward, Holbeach, Lincolnshire, draper.— /acoft Dove, Leeds, 
Yorkshire, currier. 

SOOTOH SaauasTBiLTioiiB. 
WUUam Geddes if Co,, Glasgow, wholesale druggists.— 
George Cooke, Glasgow, drysalter. 

INSOLVENT DEBTORS 
Who haoe filed their Petitions in the Court of Bankruptcy, 
and have obtained an Interim Order for Protection from 
Process. 

John Howells, Sedgley, Staffordshire, timber dealer, Jan. 
30 at 12, County Court of Worcestershire, at Dudley.— ^aacis 
Edward Walker, Bilston, Staffordshire, saddler, Jan. 27 at 
12, County Court of Staffordshsre, at Wolverhampton.^ 
William Henry Bill, Tettenhall, Staffordshire, commission 
agent, Jan. 27 at 12, County Court of Staffordshire, at Wol- 
verhampton.— T^oaiat Fletcher, Wolverhampton, Stafford- 
shire, out of business, Jan. 27 at 12, County Court of Staf- 
fordshire, at Wolveriiampton. — JRic^rd Downs, Wolver- 
hampton, Staffordshire, labourer, Jan. 27 at 12, County Court 
of Staffordshire, at Wolveritampton.^-/oAa Crowder, Stan- 
stead, Kent, farmer, Feb. 3 at 12, Conntv Court of Kent, at 
Maidstone.— FFiM. Budd, Westbury, Wiltshire, feurm bailiff, 
Feb. 3 at 12, County Court of Wiltahire, at Westbury.— 
Exton White, Norton Bavant, Wiltahire, com dealer, March 
1 at 12, County Court of Wiltshire, at Warminster.— George 



10 



THE JURIST. 



Mudion, Holme-upon-Spalding Mooie, Yorkshire, innkeeper, 
Jan. 21 at 10, Coanty Court of Yorkshire, at Howden.— 
Joseph Sidgie^f Bonm, near Cazton, Cambridgeshire, batcher, 
Jan. 29 at 10, County Court of Cambridgeshire, at Cambridge. 
— ^n Reynolds, widow, Cambridge, confectioner, Jan. 29 at 
10, County Court of Cambridgeshire, at CtmMdgt.—Jokn 
Baiiey, Long Stow, Cambridrahire, grocer, Jan. 29 at 10, 
County Court of Cambridgediire, at Cambridge. — WWiam 
Adeock, Methwold, Norfolk, watchmaker, Jan. 29 at 11, 
County Court of Norfolk, at Thetford. >-itMe Jabet Pi^e, 
lifiLkenbeatii, Suffolk, Ikrmer, Jan. 31 at 11, County Court of 
Suffolk, at Mildenhall.— 12ay Robineon, Wortham, Suffolk, 
miller, Jan. 30 at 11, County Court of Suffolk, at Bye. — 
Affred Thorby Smith, Woodbridge, Suffolk, baker, Jan. 24 
at 10, County Court of Suffolk, at Woodbridge.— Oeotye 
SfMty Siote, South Stoneham, Hampshire, baker, Jan. 27 
at 10, County Court of Hampshire, at Southampton. — 
Sdward F)ranei§ May, Southampton, engraver, Jan. 27 at 
10, County Court of Hampshire, at Southampton. — George 
Partont, Baddesley, Hampshire, farmer, Jan. 27 at 10, 
County Court of Hampshire, at Southampton.— G. OladweU, 
Troston, Suffolk, shopkeqier, Jan. 26 at 10, County Court of 
Suffolk, at Bury St. Edmund's.— SSstwiie/ Loekwood, Bury 
St. Edmund's, Suffolk, out of business, Jan. 26 at 10, County 
Court of Suffolk, at Bury St. Edmund' u,— Her eulee Angela 
Chippenham, Buckinghamshire, carpenter, Feb. 13 at 10, 
County Court of Berkiriiire, at Windsor. 

The following Pr ie onere are ordered to be brtrnghi t^ brfore 
the Court, in PortugaUetreet, to be esomined and deaU 
with aeeording to the Statntet^-' 

Jan. 30 a/ 11, before the Chisf CoiiMisaioKni. 
Henry J. L, Augarde, Bucldngham-road, West Hackney, 
Middlesex, out of busniess.— 2teiu>/ Oouiter, Rochester, Kent, 
In no employment, 

Jan, 30 ai 10, brforeMr. Oommieeioner JjAW, 
George Puddy, Plmton^street, Haymarket, lliddlesex, boot 
maker. 

Jan. 31 at 11, btfore Mr. Commieeioaor pBiixm. 
Awn Green, spinster, Southampton-buildings, Holbom, 
Middlesex, carpenter.— JUe^rvf Seott, Ozlbrd-street, Step- 
ney, Middlesex, carpenter. 

Feb.2 at 10, brfbre Mr. Commteeioner Law. 
Moaee Jacobs, Berwick-st., St. James's, Middlesex, glass 
chandelier maker.— Z>8W(i Henry Hammond, Norwich-court, 
Fetter-lane, London, licensed broker. — Robert D. Sterry, 
Queen's-road, Bermondsey, Surrey, out of employ.-^^. W. 
Maever, Mark-lane, London, derk to a wine merelumt. 

l%e following Prisoners are ordered to be brought up brfore 
a Judge qf the County Court, to be osfmaUned and dealt 
with aeeording to the Statute*'^ 

At the County Court qf Cambridgeshire, at Cambudos, 
Jan. 29 at 10. 
Wm. Bwen, March, Isle of Ely, grocer. 

At the County Court qf Lancashire, at Lancaster, 
Jan. 30 at 11. 

William Higginson, Manchester, butcher.-— /oAti Duncan, 
Manchester, cabinet maker. — John Cartwright, Hulme, Man- 
chester, boiler maker.— ITm. Cartwright, Hulme, Manchester, 
boiler maker. — G. Callender, Birkenhead, near LtTcrpool, out 
of business. — John C. Taylor, Castle Hill, Lancaster, out of 
business. — Joseph T. Hobson, Liverpool, commission agent — 
Joseph H, Goddard, Lancaster, out of employment. — George 
Inman, Salfbrd, Manchester, out of business.— Aoder^ Inman, 
Salford, Manchester, out of business. — John Pickles, HoUins, 
near Oldham, provision-shopkeeper. — John Sadler, Liverpool, 
letter- press printer. — Charles Phillips, Liverpool, tobacconist. 
— TAomot Lucas, Ashton-in-Mackerfield, near Warrington, 
fkrmer. — Samuel Bradley, Preston, out of business. — Ber^, 
Hall, Staleybridge, out of business. — John Lloyd, Manchester, 
out of business. — John Openshaw, Hulme, Manchester, out 
of business. — Robert Wood, Stubley, near Rochdale, out of 
employment. — Jamee Rowbottom, Manchester, out of business. 
'^Elizabeth Re^feam, widow, Holltngworth, near Rochdale. 
'-'Thomas Kay, Heywood, near Bury, labourer.—/. Lewis, 
Bnlme, Manchester, tailor.— /mnes Pimm, Salford, landscape 
gardener. 



At the County Court qf Gloueostershire, at Bbistol, 

Feb. 4 at 11. 
George Smith, Bristol, assistant to a butcher. 



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THE JURIST. 



11 



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\^ 






No> 785— V0L> XVL JANUARY 24, 1 852, Price U., with Supplement, 2$. 
NAMES OF THE CASES REPORTED IN THIS NUMBER. 



Court of Chancbrt. 
Innet v, Sayer. — (Power— Witt^Drfeeiive ExeeuiUm 
—Ck&rUf) 21 

Rolls Court. 
Bdton 9. Powell— Howard v. Earle.— (Bitf to m^oree 
Admimtiraiian Deod) 24 

Vici-Chancellor Lord Cramworth's Court. 
Egerton v, Brownlow.->(IF«//— GBfuttfion— PnlA'c Po- 
Hey) 26 

Yicb-ChancellorParkbr's Court. 

Re Tbe Trustee Act 1850 — 1Z« Hirtnall's WilL — 
(Tnuiee Act, 1850— «• Sole DruMtee^—Cotuiruc- 
Hon) 33 

JBe TIm Joint-stock Companies Winding-up Acts, 1848 
and 1849— Re The London and Birmincfaam Exten- 
sion and Northampton, Daventrj, and Warwick Rail- 
way Company— -Rr parte Gay. — (Call — Coniri* 
^uioriee—Coits) 34 



Exchequer Chamber. 
Layy v. Ree,--(lHdiciment /or Perjury—DeaeriptUm 

qf County Court) 36 

Court of Qusbn's Bench. 
Yalpy and Another, Assignees of Boydell, v. Oakley.— 
{Contract qf 8ale—Paymemi by BUI qfterwarde dk' 

honoured) 38 

Montagu v. Smith.— (^lecta/ Jury— Mistrial hy Corn- 
mom Jury) 40 

Batl Court. 
Arnold and Another v. Goodered.— (Pr«c/iee— iff/aytii^ 
Proceedings^ Payment of Debt and Costs) ••.... 41 
Court of Common Pleas. 
Williams v. The Comminioners for ezecutiDg the Office 
of Lord High AdmiraL— (iVae/tctf— iff^rvie* qf Writ 

qf Summons) 42 

Court of Exchequer. 
Doe d. Dixie v. Do^iis.^ {Mortgage — Tenancy from 
Year to Year) 44 



LONDON, JANUARY 24, 1862. 

A QUEamoN, not without practical importance in the 
present state of onr judicature, has been suggested to 
ttfl by a correspondent, riz. whether the Court of Chan- 
cery has power to restrain a husband from suing in a 
county court, to recover a legacy left to his wife. The 
arguments suggested in favour of the interference of 
equity are as follows ; — 

'* Before the county courts came into operation, the 
ecclesiastical courts and the courts of equity had juris- 
diction to decree and enforce the payment of a legacy, 
unless the executor had assented thereto ; but it was, 
and still is, a rule of the latter courts, in the event of a 
l^^acy being left to a feme coverte, and the husband 
suing for it in the ecclesiastical court, to restrain him 
from doing so, for the simple reason that that court — 
i. e. the ecclesiastical court— cannot compel him to 
make any settlement on his wife, in consideration of 
the legacy received by him. 

** Thus £eu: the jurisdiction is too well settled to admit 
of doubt — i. e. so far as extends to spiritual courts — 
1)ut does it not also extend to the newly-created county 
courts 1 In order to answer this question, as well as 
to shew tlie reasons upon which that answer is founded, 
let us first look to the section of the act investing 
these courts with jurisdiction in legatory matters. By 
sect. 65 of the 9 & 10 Vict. c. 95, it is enacted, ' that 
the jurisdiction of the county courts under this act 
shall extend to the recovery of any demand not exceed- 
ing the sum of 20/., [afterwards extended to 50/.], 
T\'hich is the whole or part of the unliquidated balance 
of a partnership account, or the amount or part of the 
amount of a distributive share under an intestacy, or 
ofiwy legaqf under a vnii* 

Vol. XVL ^ B 



" The wording of the latter portion of this section is 
very general, and upon first examination would seem 
to include any pecuniary legaty not exceeding in amount 
the sum of 20/., (now 50/.} But let us first inquire 
what was the state of the law when this statute came 
into operation. At that time no court of common law 
had jurisdiction in legatory matters, (unless, indeed, 
the executor had first assented to the bequest), and no 
such jurisdiction was vested in any court of legblative 
creation ; the spiritual court had originally an exclusive 
jurisdiction ; but subsequently, upon a ground that we 
shad hereafter see, the courts of equity gained a concur- 
rent jurisdiction, and indeed something more, viz. to re- 
strain the adj udication of the ecclesiastical judge. Such 
jurisdiction was originally gained on the ground that the 
relief afibrded by the ecclesiastical court was defective—- 
that complete justice could not be dealt out to the parties, 
or rather to a party who was only before the court by 
representation of her husband : not that the jurisdic- 
tion of the spiritual court was ill founded, or badly 
defined, but simply because the remedy there adminis- 
tered was inadequate to the due discharge of justice, or 
averse to the interest of an innocent party not com- 
pletely represented. 

*^ Such was the foundation of the equitable jurisdic- 
tion, and such it still remains, unless the words of this 
statute control its efficacy, or alter or partially abrogate 
it. But there appears nothing which expressly, or per- 
haps impliedly, infringes upon the equitable jurisdic- 
tion : the statute does not say that the authority of 
those courts shall be taken awa}^ altered, or limited ; it 
simply gives a new remedy ; it says, in so many express 
words, ^that a legacy to a certain amount shall be 
recoverable.' The question then arises, by whom, and 
under what (if any) restriction? There is nothing; 



14 



THE JURIST. 



that points to the proper parties to sue, or even refers 
to them, or abridges or extends the remedy for the 
recovery, or varies the vesting of the legacy when re- 
covered. Equity attaches a certain restriction on the 
husband if he seeks to recover it : there is nothing in 
this statute limiting this restriction: the Court of 
Chancery consults the intention of the donor, and in- 
qoires who is, in fact, the object of his bounty ; and 
when that is discovered, it will control the husband's 
legal remedy, or, in other words, ingraft upon it certain 
equitable rights, which will render the relief somewhat 
more conformable to the evident intention of the tes- 
tator, and not allow his bounty to be diverted into a 
foreign channel. 

^^ It will, no doubt, be contended on the other side, 
that to hold that the Court is invested with such an 
authority, would be, in effect, to consider the equity 
judge capable to alter, or partially repeal, the express 
provisions of the Legislature ; or, at least, to ingraft 
upon it such provisions as to annul their beneficial effect, 
by materially curtailing the jurisdiction of the county 
court judge. 

^* But to this it may be answered, that such jurisdic- 
tion must be exercised according to the well-established 
rules of law and equity which are at present existing, 
and which must, consequently, be judicially noticed by 
inferior tribunals until they are abrogated. Moreover, 
the mere fact of conferring a degree of authority or 
juAsdfiction on a newly-created tribunal does not, per 
se, displace the former jurisdiction. The new remedy 
is merely cumulative, and not destructive of the old. 

" Take the case of interpleader, or the still more re- 
cently acquired right by the courts of common law to 
grant a discovery, in which formerly the courts of 
equity had almost exclusive jurisdiction ; but the fact 
of courts of law subsequently gaining a concurrent 
jurisdiction was not sufficient to oust their ri^ht to 
decree the sought- for relief or discovery. 

*^ So, in the case we are con^dering, is not the remedy 
aabject to the former rules of law, by which it was 
qualified, and rendered more conformable to natural 
reason and justice ? 

**lt is not contended that a legacy cannot be reco- 
vered in these courts — upon this the statute is express 
-*but that, in the particular case of a legacy left to a 
feme coverte, there is a certain well-defined rt^ of pro- 
per^ of which the inferior judge is bound to take 
notice : that he has not sufficient machinery to carry 
that rule into effect: that a partial administration of 
justice (that is, so far only as the husband is concerned) 
would work a manifest hardship, as well as control a 
well-established rule : that it would, in effect, control 
the authority of courts of equity : that, had it been the 
intention of the Legislature to have controverted such 
rule or controlled such power, they would ezpreufy have 
said so: that, in the absence of such express declara- 
tion, it cannot be assumed that it was the legislative 
will to revoke rights so long vested in the suitor, or 
authority so long exercised by the court. 

'* On the other hand, it may further be contended, 

that by the Counter Courts Extension Act, the power of 

the Court of Chancery to restrain proceedings in those 

OMnrts is, if it ever existed, virtually taken away; but 

2 



that act (sect. 22) says, that * the judges of the superior 
courts of common law' thaH have jurisdictiony not that 
the judges in equity shall not. There is, in fact, 
nothing express upon this subject in either statute, 
and to subvert a rule of equity of such practical im- 
portance, implication alone cannot be resorted to.'* 

The point discussed by our correspondent is, as we have 
observed, not unimportant. As the jurisdiction of the 
county courts extends now to 60/., a sum of material 
amount to families in humble circumstances, it might 
be of great value to such persons to have it established, 
that a proceeding by a husband in the county court, to 
recover his wife's legacy, may be restrained, unless he 
consents to make out of it some provision for hb wife. 

We incline, however, rather to think that the County 
Courts Act did intend to prevent such equitable juris- 
diction. In the first place, the statute in which the de- 
finition of the jurisdiction of the county courts is found, 
b the ori^nal statute, in which the amount recover- 
able b limited to 20/./ and it b scarcely poasiUe to 
suppose, that even if equity would direct a settlement of 
the whole of the wife's property — which, except under 
special circumstances, it never does — ^the Legblature in- 
tended to subject to the machinery of a settlement, and 
investment in the names of trustees, a sum productive 
of so small an annual income as about Idf . per annum. 
But supposing that we are not to gather the intention 
from the original County Courts Act alone, but from 
both acts with reference to the larger sum of 601.,— 
which unquestionably would, in many families in 
humble life, be worth securing, under some restrictions, 
for the advantage of the wife and children, — still, we 
apprehend, first, that the words of the statute are too 
strong to be construed as admitting any interference of 
equity ; and, secondly, that if the words were less clear, 
the general intention of the statute does ovat any 
equitable interference. 

The words are, the recovery of " any legaq^J* Now, 
if the husband could be restrained from proceeding to 
recover hb wife's legacy, it would not be true that the 
court had jurisdiction to give the recovery of any 
legacy, since the only person having any title to sue 
would be the husband ; and if he could be stayed, tho 
legacy would not be recoverable at all in the county 
court. But further, it must be gathered that the 
L^blature did intend that thb particular kind of 
legacy should be included in the jurisdiction. 

For whether the jurisdiction of equity would or 
would not extend to stay, in the superior courta, an 
action at law by a husband for recovery of hb wife's 
legacy, it b not called in aid to prevent auch pro- 
ceeding. The rule of common law b, that a court of 
law will not itself entertain an action by a husband to 
recover his wife's l^;acy— not that such an action will 
lie, subject to the party to it being personally restrained 
from proceeding by equitable interference; (Decit T. 
Stnatj 6 T. R. 690) ; in which case it was held that 
the courts of law have not such jurisdiction. (See ftl ff*? 
the cases referred to in 2 Wms. Exors. 1373). 

Therefore, if in tl^ superior courts an action at law 
does not lie, the LegLdature, in the County Courta Act, 
saying that an action in the county court shall lie, 
pbinly means to give a new common-law jurisdiction. 



THE JURIST. 



15 



and to make a distinction between legacies not exceed- 
ing and those which do exceed 50/. 

Further, and lastly, having regard to the expensive 
eharaeter of Chancery proceedings, it can scarcely be 
thought that the Legislature intended to make sums 
of so small an amount, as even the highest amount 
recoTerable in a county court, the subjeet of a suit in 
equity, in which the costs, which would of course have 
to come out of the estate, could by no possibility be 
kept below one-half of its total amount. 



COURT OF ftUEEN'S BENCH. 
Hilary Term.'~15 Victoria.— Ja». 21, 1852. 

This Court will hold sittings on Monday the 2nd, 
Tuesday the drd, Monday the 9th, and Tuesday the 
10th days of February next, and will on those days 
take, in the first instance, the cases of New I'rials from 
the countrv remaining undisposed of in the New Trial 
Paper, and then cases in the Special Paper, and after- 
wards cases in the Crown Paper. And the Court will 
also hold a sitting at twelve o'clock at noon on Satur- 
day the 21st day of February next, and give judgment 
in cases previously argued. 

Bt trb Court. 



COURT OF EXCHEQUER. 
Hilary Tkrh. — ^15 Victoria. — Jan, 22, 1852. 

This Court wiU hold sittings on Friday and Saturday 
the 6th and 7th davs of February next, and also on 
Monday the 9th, Taesday the 10th, Wednesday the 
11th, and Thursday the 12th days of the same month, 
and will at such sittings proceed in disposinff of the 
budneas then pending in the Paper of New Trials, and 
also in giving judgment in all matters then standing for 
judgment. 

Frederick Pollock. 

James Parks. 

E. H. Aldersok. 

T. J. Platt. 



i^onlion aSBjttM. 

TUESDAY, January 20. 
BANKRUPTS. 

FRANCIS RUFPORD HEWLETT, Leyton, Essex, cow- 
keeper, dealer and chapman, Jan. 31 and March 11 at 11, 
Conrt of Bankraptcj, London : Off. Ass. Cannan ; Sol. 
Bntler, jun., 134, Tooley-street, Southwark. — Petition 
dated Jan. 17. 

GEORGE COLLIER, Landport, near Portsea, Southamp- 
ton, draper, dealer and chapman, Jan. 30 at half-past I, 
and March 5 at 1, Court of Bankruptcy, London : Off. Ass. 
Whitmore ; Sols. Sole & Co., 68, Aldermanbury. — Petition 
dated Jan. 15. 

JOHN GEORGE MARSH, Church-street, Minories, Lon- 
don, carpenter and builder, dealer and chapman, Feb. 4 at 
half-past 11, and March 2 at 12, Court of Bankruptcy, 
London: Off. Ass. Graham; Sols. Marten & Co., 31, 
Commercial Sale-rooms, Mincing- lane. — Petition filed 
Jan. 16. 

JOHN 0*DONNELL, Sheffield, Yorkshire, grocer, dealer 
and chapman, Feb. 7 and March 6 at 12, District Court of 
Bankruptcy, Sheffield : Off. Ass. Freeman ; Sol. Fretson, 
Sheffield.— Petition dated Jan. 13 ; filed Jan. 14. 

MARY ANN KEELL,. Liverpool, coffee-house keeper, 
Feb. 2 and March 2 at 11, District Court of Bankruptcy, 
LiTerpool: Off. Ass. Morgan; Sols. H. & J. Forshaw, 
LWerpool.— Petition filed Jan. 16. 



ROBERT YOUNG MAN, Waterbeach, Cambridgeshire, 
miller, dealer and chapman, Jan. 31 at half-past 1 1 , and 
Feb. 28 at 11, Court of Bankruptcy, London: Off. Ass. 
Pennell ; Sols. J. & C. Cole, 4, Adelphi-terrece, Strand ; 
Pike, Old Burlington-street.— Petition dated Jan. 8. 

JOHN AMERY, Chelmsford, Essex, hotel and liyery-stable 
keeper, trader, dealer and chapman, Feb. 3 at 2, and 
March 2 at 11, Court of Bankruptcy, London : Off. Ass. 
Edwards ; Sols. J. & J. H. Linklater, 17, Siae-lane, Bock- 
lerabury. — Petition filed Jan. 6. 

JAMES POTTER, Birmingham, mill manufacturer, Jan. 31 
and Feb. 21 at half-past 10, District Court of Bankruptcy, 
Birmingham : Off. Ass. Whitmore ; Sols. Daignan & Hem- 
mant, Walsall ; Smith, Birmingham. — Petition dated 
Jan. 17. 

WILLIAM HAYWOOD, Birmingham, grocer, dealer and 
chapman, Jan. 31 and Feb. 21 at half-past 10, District 
Court of Bankruptcy, Birmingham : Off. Ass. Bittleston ; 
Sols. Ryland & Martineau, Birmingham. — Petition dated 
Jan. 16. 

JOSEPH KETTON, Middlesbroogh, Yorkshire, grocer and 
provision dealer, Jan. 30 and Mardi 5 at 11, DisUict Court 
of Bankruptcy, Leeds: Off. Ass. Young; Sols. Tolson & 
Co., Bradford; Blackburn, Leeds. — Petition dated and 
filed Jan. 5. 

RICHARD HANSELL BELL and ERRINGTON BELL, 
South Shields, Durham, paper manufacturers, dealers and 
chapmen, (trading under the style or firm of R. H. & 
£. Bell), Feb. 4 and March 3 at 12, District Court of Bank- 
ruptcy, Newcastle-upon-Tyne: Off. Ass. Wakley; Sola. 
Griffith 5c Crighton, Newcastle-upon-T^ne ; Lawrence & 
Co., 25, Old Fish-street, Doctors' -commons, London.— 
Petition filed Jan. 15. 

Mbbtinos. 
Joieph lUuifordt Appleby, Westmoreland, draper, Feb. 2 at 
12, District Court of Bankruptcy, Manchester, pr. d.-^Bdw. 
Martyn and Henry Mariyn, Aldgate High-street, London, 
wooUendrapers, Jan. 31 at 1, Coart of Bankruptcy, London, 
last ex. — IFm. Potve//, Jeffery's-st., Camden-town, Middle- 
sex, bnilder, Jan. 30 at 11, Court of Bankruptcy, London, 
and. ac— Geo. Oamham, Rougham, Suffolk, fanner, Jan. 30 
at half-past 11, Court of Bankruptcy, London, and. ac. — W, 
Pashley and Fi'aneU Pashley^ Sheffield, Yorkshire, table- 
knife manufacturera, Jan. 31 at 12, District Court of Bank- 
ruptcy, Sheffield, and. ac. — Jamei Tordoff, Padsey, York- 
shire, woollen cloth manu&ctnrer, Feb. 9 at 11, District Court 
of Bankruptcy, Leeds, and. ac. ; Feb. 10 at 12, dlv. — Chariu 
May, Norwich, Wm. Leopold Metcalfe^ Great Yarmouth, 
Norfolk, and Ckarlee Jamee Metea\fe, Roxton, Bedfordshire, 
soap manufacturera, Feb. 12 at 12, Court of Bankruptcy, 
London, div. — Oeorge LawSf Waltham Abbey, Essex, linen- 
draper, Feb. 3 at 1, Court of Bankruptcy, London, dir.^- 
Riehard Seymour, Downham, Cambridgeshire, grocer, Feb. 10 
at 12, Court of Bankruptcy, London, diw,^ Philip Rufford, 
Charles Ruffbrd, and Charlee John Wragge, Stourbridge, 
Worcestershire, bankers, Feb. 10 at half-past 10, District 
Court of Bankruptcy, Birmingham, dir. 

CsRTIPICATBa. 

7b be allowed, unleee Cause be ehewn to the contrary on or 
before the Day qf Meeting, 

R. W. Jearrad the younger, Oxford-street, Middlesex, car- 
penter, Feb. 10 at 2, Court of Bankruptcy, London. — Jamee 
dark, Upwell, Cambridgeshire, miller, Feb. 11 at 1, Court of 
Bankruptcy, London. — Jabez Grimbte, Sydney-sq., White- 
chapel, Middlesex, builder, Feb. 12 at half- past 11, Cotirt of 
Bankruptcy, London. — Gabriel Cook, Tottenham-court- road, 
Middlesex, famitare dealer and looking-glass manufacturer, 
Feb. 12 at half -past 1, Court of Bankruptcy, London. — 
Wiiliam Jonee, Castle-street, Finsbury, Middlesex, cabinet 
maker, Feb. 12 at 2, Court of Bankruptcy, London.— CAar/M 
Ward, Liverpool, miller, Feb. 12 at 11, District Court of 
Bankruptcy, Liverpool. — John Horrocke, Liverpool, stone 
merchant, Feb. 13 at 11, District Court of Bankruptcy, 
Liverpool. — John Young Smith, Newcastle-upon-Tyne, in- 
surance broker, Feb. 10 (and not Feb. 5, as before adver- 
tised) at 1, District Court of Bankruptcy, Newcastle-upon- 
Tyne. 

To be granted, unlest an Appeal be duly entered. 

Charlee Isaacs, Bristol, furrier. — Pearce Manasseh Hadtey 



16 



THE JURIST. 



Cardiff, Glamorganshire, com merchant — John HarriMon, 
Great St. Helen's, London, drysalter.— /ortiMt Wjflde, Wood- 
street, Londoft, and Lock's-fields, Walworth, Surrey, flock 
mannfactarer.— Tftomof Edward Slaie^ King's Head-court, 
London, and Hatton-garden, Middlesex, bookbinder. — Alex^ 
ander Gibstm, Lower Mitcham, Surrey, calico printer.—- 
TAoma$ BuekUmd, Queenhithe, London, wine merchant. — 
ThomoM Barber^ Cambridge, schoolmaster. — Charle» John 
Hubbard, Crutched-friars, London, and Saffron Walden, 
Essex, bop merchant.— JoAii Lane, High-street, Marylebone, 
Middlesex, tailor. — Jamei Taylor, Rochdale, Lancashire, 
cotton spinner. — Daniel Hemue Waldron, Birmingham, 
grocw.—John Fieteher, Netherton, Dudley, Worcestershire, 
publican. — Jamee Whitaker and Joeeph Crowther, Bosling- 
thorpe, near Leeds, Yorkshire, stuff dyers. 

Scotch SsauKSTRATioNB. 
Alexander Anderton, Macduff, Gamerie, Banffshire, shoe- 
maker. — William Murehie, Glasgow, haircloth manufacturer. 

INSOLVENT DEBTORS 
Who have filed their Pelitione in the Court oj Bankruptcy, 
mnd have obtained an Interim Order for Protection from 
Proeeee* 

Joe. Pullin, Newark-npon-Trent, Nottinghamshire, grocer, 
Feb. 7 at 11 , County Court of Nottinghamshire, at the County 
Sessions Rooms.— JiM^A Freeman, Morcott, Rutlaudshire, 
fitrmer, Feb. 7 at 10, County Court of Rutlandshire, at Up- 
pingham. — George lAddall, Comer-hall, Bozmoor, Hemel 
Hempstead, Hertfcrdsbire, baker, Jan. 23 at half-past 10, 
County Court of Hertfordshire, at St. Alban's.— fFi7/tam 
Garrett, East Retford, Nottinghamshire, hatter, Feb. G at 11, 
County Court of Nottinghamshire, at East Retford. — John 
Walker, Sheffield, Yorkshire, slater, Feb. 4 at 12, County 
Court of Yorkshire, at Sheffield. 

The following Persone, who, on their several Pelitione filed 
in the Court, hate obtained Interim Orderefor Protection 
fron^ Proceee, are required to appear in Court ae herein- 
rfter mentioned, at the Court-houee, in Portugal -etreet, 
Lincoln* e Inn, aa follows, to be examined and dealt with 
according to the Statute: — 

Jan. 30 a/ 11, before the Cbikf CoMiiistiONBB. 
William Knight, Lodge-lane, Finchley-coromon, Finchley, 
Middlesex, baker. — John William Feger, Church-row, Aid- 
gate, London, engraver. 

Jan. 30 at 10, brfore Mr. Commiesioner Law. 
Gerard Barry, Carlisle-street, Soho-square, Middlesex, 
doctor of medicine.— JEme«f Charlee Jones, Hardwick-lodge, 
Petersbux^h-terrace, Bayswater, Middlesex, barrister at law. — 
Mary Ann Browne, widow. East Surrey-place, Commerdal- 
road, New Peckham, Surrey, out of business. 

Jan. 31 at II, before Mr. Commiesioner Phillips. 
John Lujf, Chapel-street, Stock well, Surrey, bricklayer. — 
William Batkin, Bryan-place, Caledonian-road, Islington, 
Middlesex, pianoforte key maker. — ^eitry Duncan Bird, 
Pomona-place, King's-road, Fulbam, Middlesex, painter. — 
Robert Snell, Rhodeswell-road, Salmon's- lane, Limehouse, 
Middlesex, out of business. 

Feb, 2 at 10, btfore Mr. Commiesioner Law. 
Gerard Debney, Thomas-street, Back Church-street, St. 
George's-in-the-East, Middlesex, out of business. 

Fib. A at II, brfore the Crikf Commissioner. 
Charles Aspenlow, King-street, Long-acre, Middlesex, 
assistant to a licensed victualler. ->7*Aoniat George Sardi, 
Upper George-street, Bryanston-square, Middlesex, gentle- 
man.— /oAn Hourigan, Old Norfolk-street, New-road, White- 
chapel, Middlesex, selling yeast on commission. 

Feb. 4 at 10, btfore Mr. Commissioner Law. 
William Ward, Great Chart-street, Hoxton New-town, 
Middlesex, chandler'a-shop keeper. 

Saturday, Jan. 17. 
ThefoUowing Assignees have been appointed. Further par- 
Heulore may be teamed at the Office, in Portugal-st., 
Xdneoln's-inn-fields, on giving the Number (if the Case. 
Jamoe Rhodes, Horsleydown, Surrey, shipbroker. No. 
62,585 T.; John Peanon, assignee.— CAor/ei Gibbons Mat- 
4 



thews, l4ttledean-UU, Glouoesterriiire, collier. No. 74,475 C; 
Nehemiah Marfell, assignee. — Thoe. Windlow, South Shields, 
Durham, cabinet maker. No. 74,005 C. ; Thomas William 
Wawn, assignee.— >/Viaiim Perry, Kingsbiridge, Devonshire, 
captain in the army. No. 40,909 C. ; Samuel Sturgis, nsw 
assignee, Richard Lovell Brown, removed. 

Saturday, Jan. 17. 

Orders have been made, veeting in the Provisional Assignee 
the Relates and Ef sets qf the following Persons :^^ 

fOn their own PetitionsJ. 
Richard Bycrofi, Hamilton-st., Camden-town, Middlesexi 
organ builder : in the Queen's Prison. — Ebenezer HartnaU* 
Wormwood-st., Broad-st., London, out of business : in the 
Debtors Prison for London and Middlesex. — George H. Hall, 
Poland-st., Oxford-st., Middlesex, clerk to the Great Western 
Railway Company: in the Debtors Prison for London and 
Middlrsex. — Richard Knight, Plaistow, Essex, mercantile 
derk : in the Debtors Prison for London and Middlesex.— 
Wm. Coleman, Hemming's-row, St. Martin's-lane, Middlesex, 
shirt maker : in the Debtors Prison for London and Middle- 
sex. — Joeeph Smith, Baybam- terrace, Camden-town, Mid- 
dlesex, cabinet maker: in the Debtors Prison for London 
and Middlesex.— jLamen Zox, Great Qceen-street, Lincoln's, 
inn-fields, Middlesex, selling goods on commission: in the 
Debtors Prison for London and Middlesex.— /oAti S. Wil- 
liams ^ Waterloo-place, Pall-mall, Middlesex, civil engineer : 
in the Debtors Prison for London and Middlesex. — Charles 
Gildersleeves, Minories, Middlesex, licensed victualler: m 
the Debtors Prison for London and Middlesex. — W. Porter, 
Capland-street, Lisson-grove, Middlesex, plasterer; in the 
Debtors Prison for London and Middlesex. — Franeio Groves, 
Tower-st., Waterloo-road, Surrey, carman: in the Gaol of 
Horsemonger-lane.— ^enry A. P. Barlow, Sion-cottage, Lon- 
don-wall, London, wine merchant : in the Debtors Prison for 
London and Middlesex.— George Woods, Dalston, Middlesex, 
baker : in the Debtors Prison for London and Middlesex.— 
Nicolo M, Pignatorre, Grove-terrace, Kentish-town, Middle- 
sex, gentleman: in the Queen's Prison. — Edward Jones, 
GroTe, Highgate, Middlesex, wine merchant : in the Gaol of 
Surrey.— Zaiorenee Fish, Blackburn, Lancashire, chemist: 
in the Gaol of Lancaster. — Joseph H. Goddard, Lancaster, 
commission agent: in the Gaol of Lancaster. — Joseph T. 
Hobson, Liverpool, commission agent : in the Gaol of Lan- 
caster.— TTm. /fffrHiNon, Park-row, Greenwich, Kent, che- 
mist : in the Gaol of Maidstone.— B«i»;amtii Hall, Staleybridge, 
Lancashire, licensed victualler : m the Gaol of Lancaster.— 
W. Lymer, Liverpool, shoemaker : in the Gaol of Lancaster. 
— Thomas Kay, Bury, Lancashire, labourer: in the Gaol of 
Lancaster. — Joseph Moffatt, Manchester, clog maker : in the 
Gaol of Lancaster.— /ame« Pimm, Salford, l^ncashire, land- 
scape gardener : in the Gsol of Lancaster. — Bliz. Redfeam, 
widow, Hollingworth, near Rochdale, Lancashire : in the Gaol 
of Lancaster.— JoAn C. Taylor, Lancaster, merchant : in the 
Gaol of Lancaster. — John Thomas, Llangennech, Carmarthen- 
shire, mariner : in the Gaol of Carmarthen. — G. Walmsley, 
Blackburn, Lancashire, stonemason : in the Gaol of Lancsster. 
^George W. Taylor, Aston, Warwickshire, architect : in the 
Gaol of Coventry. — Joseph J. Keyte, Birmingham, builder : 
in the Gaol of Coventry.— /oAn Kershaw, Leeds, Yorkshire, 
retailer of beer: in the Gaol of York. -^Matthew Booth, 
Kirkburton, near Huddersfield, Yorkshire, fancy waistcoat- 
piece manufacturer ; in the Gaol of York.— William Stowton, 
East Greenwich, Kent, retailer of beer : in the Gaol of Maid- 
stone.— IZicAar<i Cottam, Blackburn, Lancashire, moulder: 
in the Gaol of Lancaster.— TTm. Brown, Mapperley, Kirk 
Hallam, Derbyshire, bbourer: in the Gaol of Derby.— 
Charles Jackson, Dudley, Warwickshire, draper : in the Gaol 
of Coventry.— riAot}ui#Xi7//e, Durham, joiner: in the Gaol 
of Durham.— /. M. Sheraton, Sunderland, Durham, grocer: 
in the Gaol of Durham. — James Wragg, Aston Manor, War- 
wickshire, salesman of cattle: in the Gaol of Coventry.— 
Elizabeth Scholes, Longsigbt, near Manchester, beer-house 
keeper : in the Gaol of Lancaster.— JDovMf James D. Bennet, 
Sunderland, Durham, hat manufacturer : in the Gaol of Dur- 
ham.— George Bailey, Bristol, mason : in the Gaol of Bristol. 
^Wm. Liddle, Hartlepool, Durham, joiner: in the Gaol of 
Durham.— iVicAo/a# G. Johnstone, Warwick, out of business: 
in the Gaol of Warwick.— Pafer FHth, SUveley, Derbyshire, 
shoemaker : in the Gaol of Derby.— /ofq»A Wharton, Hod- 



THE JURIST. 



17 



denfidd, Yorkshire, steam -engine maker: in the Gaol of 
York. 

fOn Creditor* 9 PelUionJ, 
John Thompwn^ Birthwaite, Windermere, Westmoreland, 
ooal agent : in the Gaol of Appleby. 

7^ following Prisoner* ere ordered to he brought up hrfore 
ike Courts in Portugal-etreet, to be examined and dealt 
with according to the Statute: — 

Feb. 3 at II, h^ore the Chief CoiiMisaxoNBB. 
Henry Bird, Anmdel House, Folham, Middlesex, surgeon. 
'^Richard Rgcroft, Hamilton- street, Camden-town, Middle- 
eez, organ boilder. 

Feb, 5 a/ 11, btfore Mr. Commistioner Phillipb. 
John Grant, King's Sutton, Northamptonshire, graaier.— 
John Hair, Vassal -terrace, Uolland-road, Brixton, Surrey, 
traveller to a warehouseman. 

7%e following Prisoners are ordered to be brought up brfore 
a Judge of the Counlg Court, to be esamiied emd dealt 
with according to the Statutes — 

Ai the Coumig Court of Lincolnshire, at Lincoln, Feb, 3. 
Charles W, Morton, Louth, grocer. 

Ai the County Court of Kent, at Maidstone, Feb, 3 at 12. 

Henry Banes, Brompton, shoemaker. — Jos, Charlesworth 
the younger. Great Tower-street, London, and Sheemess, 
general d^er. — Bliz, Coody, Sheemess, out of business. — B. 
Field the younger, Tonbndge Wells, watchmaker. — William 
Harriman, Greenwich, chemist. — Wm, Stowton, East Green- 
wich, out of business. 

At the County Court of Nottinghamshire, at Nottinohaji, 
Feb, 9 at 9. 
WiUiam Reeves, Mansfield, lime burner. — James By water, 
Bloomsgrove, Radford, near Nottingham, out of business. — J, 
Aram, Chilwell, dealer in bread. 

InSOLTE'NT DBBTOat' DlTIDENDB. 

J. Buckhurst, Alfred -street, Stroud's-vale, Battle-bridge, 
Middlesex, carpenter : Is, %\d, in the ponnd. — S, Fogden, 
Old Ford-lane, Old Ford, Bow, Middlesex, tidewaiter in the 
Customs: 8«. 6<f. (making 20«.) in the pound. ^Zet^A/on P, 
Saberry, deceased, Raten-street, Whitechapel-road, Bliddle- 
sex, clerk in the Costoms f le, 1}J. in the pound. — Joseph 
Griffin, Weston, near Bath, Somersetshire, farmer : As, S^d, 
in the pound. — Richard Devon Reed, Brougbton, Glamorgan, 
ahire, gentleman: Is. 0\d. in the ponnd. — George Beenham, 
Datchett, Buckingham rhire, plumber : 20«. in the pound. — 
Wm, Dredge, Mount Pleasant, East-road, City-road, Middle- 
sex, carpenter : Is. 6d. in the pound. — Philip Ales. Harris, 
Great Bell- alley, Moorgate-street, London, linendraper: Is. 
in the pound. — Alexander Henry Ring, Frederick-street, 
Gray*s-inn-road, Middlesex, boat builder : la. 7id, in the 
pound. — James Thomas, Mountfield, near Hurst Green, Sus- 
sex, publican: Is. 4d. in the pound. — James Shearman, St. 
George-street, St. George*s-in-the East, Middlesex, shoe- 
maker: 2s. b^d, in the pound. — George Eecles, Little New- 
port-street, Leicester- square, Middlesex, grocer : 2s. ll^J. in 
the pound. — John Scott, Grosvenor-street, Millbank, Middle- 
sex, wheelwrijsht : 2s. 7\d. in the pound. — John Watson, 
BoTer-place, New Kent- road, Southwsrk, Surrey, pianoforte 
maker: 3a. 2d. in the pound. — George Cordall, Paul-street, 
liuke-street, Finsbury, Middlesex, cheesemonger: 9}J. inthe 
pound.— C^of. Fred. NichoUs, Pall-mall, Middlesex, tailor : 
%d. in the pound.— FT. H. M. NichoUs, Pall-roal], Middle- 
•ex, taflor : U. 2%d. in the pound.—!''. A. Forster, Cobourg- 
place. Queen street. Hammersmith, Middlesex, schoolmaster : 
2s. Z\d. in the pound.— irm. Dickson, Tillotson-place, Wa- 
terloo-hridge-road, Surrey, clerk in Somerset House ; Is. 9i<f. 
in the pound. 

Apply at the Provisional Assignees' Office, Portugal^treet, 
Ltneoln'O'inn'Jlelds, London^ between the hours qfl\ and 3. 

Mbbtikg. 
P, T, Gelt, Deronshire-street, Portland-place, Middlesex, 
attomey-at-law, Feb. 4 at 11, Walker 5c Harrison's, South- 
amptOD-ttreet, Bloomsbury, Middlesex, sp. aff. 



FRIDAY, January 23. 

BANKRUPTS. 

WILLIAM DAVIS PRITCHARD and DANIEL FRIT- 
CHARD, High-street, St. Marylebone, Middlesex, coach- 
smiths and ironmongers, dealers and chapmen, Feb. 2 at 
half-past 1, and March 5 at 12, Court of Bankruptcyt 
London: Off. Ass. Stansfeld; Sols. Geoiige & Comptoa 
Smith, 5, Southampton-buildings, Holbom.— Petition filed 
Jan. 20. 

THOMAS HARRIS and JOHN BURLS, Eagle Brewery, 
Hampstead-road, Middlesex, brewers, dealers and chapmeot 
(trading in partnership under the style or firm of Harrif , 
Boris, & Co.), Jan. 31 at 1, and March 6 at 11, Court of 
Bankruptcy, London: Off. Ass. Cannan; Sols. Reed & 
Co., 59, Friday-street, Cheapaide, London. — Petition dated 
Jan. 21. 

GEORGE POTTER, GrosTenor-basin, Hmlieo, Middlesor, 
and Wouldham and Buriiam, Kent, lime burner, dealer and 
chapman, Feb. 6 at 2, and March 20 at 11, Court of Bank- 
ruptcy, London: Off. Ass. Pennell; Sol. Matthews, 2» 
Arthur-street West, London-bridge. — Petition dated Jan. 21. 

GEORGE FLINT, Lombard- street, London, hosier and 
outfitter, dealer and chapman, Feb. 5 at 1, and March 4 
at 1, Court of Bankruptcy, London : Off. Ass. Bell; Sols. 
Goddard & Eyre, Wood-street, Cheapaide.— Petition filed 
Jan. 20. 

FREDERICK LONG, Vere-street, Oxford-street, Middle- 
sex, importer of foreign lace, dealer and chapman, Feb. 5 
at 2, and March 2 at 12, Court of Bankruptcy, London : Off; 
Ass. Groom; Sols. Reed & Co., 59, Friday-street, Cheapaide. 
—Petition filed Jan. 19. 

THOMAS FOOTMAN, Wolverhampton, Staffordshire, 
huckster, dealer and chapman, Feb. 9 and March 3 at half- 
past II, District Court of Bankruptcy, Birmingham: Off. 
Ass. Christie; Sols. Smith, Walsall; James, Birmingham. 
—Petition dated Jan. 21. 

JOHN HURLEY, Birmingham, linendraper, dealer and 
chapman, Feb. 10 and Blarch 1 at half-past 10, District 
Court of Bankruptcy, Birmingham: Off. Ass. Christie; 
Sols. Motteram & Co., Birmingham ; Depree, Lawrence- 
lane, Cheapaide, London. — Petition dated Jan. 16. 

ROBERT SQUIRE JAMES, Leeds, Yorkshire, wholesale 
ironmonger, dealer and chapman, Feb. 5 and Biarch 4 at 
U, District Court of Bankruptcy, Leeds : Off. Ais. Yonag; 
Sols. Benson, Birmingham ; Courtenay & Compton, Leeds. 
—Petition dated Jan. 7 ; filed Jan. 5. 

WILLIAM BELSHAW, Anooata, Manchester, joiner and 
builder, Feb. 9 and March 9 at 12, District Court of 
Bankruptcy, Manchester: Off. Ass. Pott; Sol. Rowley, 
Manchester.— Petition filed Jan. 20. 

JAMES HENRY GILLAN, Liverpool, commission mer- 
chant and general agent, (heretofore carrying on business 
with William Thomas Moule, Liverpool, as commisdon 
merchants and general agents), Feb. 5 and March 5 at 11, 
Diatriet Court of Bankruptcy, Liverpool : Off. Asa. Bird ; 
Sol. Greatley, LiverpooL— Petitbn filed Jan. 21. 

MSETlNaS. 

George Cooper, Northampton, linendraper, Feb. 5 at 1, 
Court of Bankruptcy, London, ch. ass. — Sarah ClabboUf 
Stapleford, Cambridgeshire, newspaper proprietor, Feb. 13 at 
12, Court of Bankruptcy, London, last tx,— Francis Dawson, 
Great Yarmouth, Norfolk, draper, Feb. 13 at II, Court of Bank- 
ruptcy, London, last ex.— Ifeary Woo(f and leaae LyonSf 
Cripplegate-bnildings, London, umbrella manufacturers, Feb. 
2 at 11, Court of Bankruptcy, London, last ex. — Elijah 
Solomon, Haydon-sonare, Minories, Middlesex, jeweller, Feb. 
6 at 11, Court of Bankruptcy, London, aud. ac. — Charles 
Stuart Voules, New Windsor, Berkshire, scrivener, Feb. 12 
at 11, Court of Bankruptcy, London, aud. ac. — Thomas 
Alfred Young, Woolwich, Kent, wfaie merchant, Feb. 10 at 1, 
Court of Bankruptcy, London, aud. ae.— IFiV/ioai Robinsom, 
West Lynn, Norfolk, grocer, Feb. 5 at II, Court of Bank- 
ruptcy, London, aud. ac. — Edward Howard and James Gibbs^ 
Cork-street, ^urlington-gsrdens, St. James's, Westminstery 
Middlesex, money scriveners, Feb. 5 at 11, Court of Bank- 
ruptcy, London, aud. ao. — William Wilson, Bristol, linen- 
draper, Feb. 13 at 11, District Court of Bankruptcy, Bristol, 
and. suc^Henry Scale, Briton Ferry Ironworks, near Neath, 
Glamoi^ganshire, iron manufectorer, Feb, 20 at 11, Dis- 



18 



THE JURIST. 



trict Court of Bankniptey, Bristol, and. ac. — John Seoit 
and John Scoit the yomiger, North Shields, Northam- 
berland, shipowners, Feb. 17 at 12, District Court of Bank- 
rnptcy, Newcastle-upon-Tyne, aud. ac. sep. est. of John 
Scott: Feb. 19 at 12, div. — William Daoiaonf Newcastle- 
upon-Tyne, ipirit merchant, Feb. 27 at 12, District Court of 
Bankruptcy, Newcastle-upon-Tyne, aud. ac. — Hugh Hip Coll, 
South Shields, Durham, bookseller, Feb. 26 at 11, District 
Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. — M, 
Archer and Thonuu HaUall, Liverpool, timber merchants, 
Feb. 5 at 11, District Court of Bankruptcy, Liverpool, aud. 
•c. — Alex, Cttnth, Liverpool, provision doder, Feb. 5 at 11, 
District Court of Bankruptcy, Liverpool, aud. ac. — Thomaa 
Edwards, Liverpool, basket manuftu^urer, Feb. 5 at 11, Dis- 
trict Court of Bankruptcy, Liverpool, and. ae. — Thomas 
Rtchardion, Liveqpooi, cuUer, Feb. 5 at 11, District Court of 
Bankruptcy, Liverpool, aud. ac. — Thomas Avant, Bridport, 
Dorsetsnire, musicseller, Feb. 11 at 11, District Court of 
Bankruptcy, Exeter, and. ao.; Feb. 17 at 11, div. — F^rancis 
Blarney, Crofthandy, Gwennap, Cornwall, grocer, Feb. 11 at 

11, District Court of Bankruptcy, Exeter, aud. ac.; Feb. 17 
at 11, div. — John M. Banfleld, Devonport, Devonshire, and 
John Lewis, Bristol, wine merchants, Feb. 11 at 11, District 
Court of Bankruptcy, Exeter, aud. ac.; Feb. 17 at 11, div.— 
Jacob Dove, Leeds, Yorkshire, currier, Feb. 16 at II, District 
Court of Bankruptcy, Leeds, aud. ac. and first and fin. div. 
'^Ebenezer Thornton, Huddeisfield, Yorkshire, ironmonger, 
Feb. 12 at 11, District Court of Bankruptcy, Leeds, aud. ac; 
Veb. 13 at H, div.-~/(8mes Sykes and Thos, Sfykes, SeverhiUs 
Mill, Soyland, Halifax, Yorkshire, woollen manufustnrers, 
Teb. 19 at 11, District Court of Bankruptcy, Leeds, and. ac.; 
Feb. 20 at 11, dir.—Jokn Hins May, Brecknock-terraoe, 
Camden-town, Middlesex, draper, Feb. 13 at half-past 1, 
Court of Bankruptcy, London, idw,— Joseph 8, Hodge and 
James Culpin, New Oxford-st., Middlesex, tailors, Feb. 13 at 

12, Court of Bankruptcy, London, div. sep. eat of Joseph S. 
Hodge.— John Franckeiss, Portsea and Landport, Southamp- 
ton, woollendraper, Feb. 13 at 1, Court of Bankruptcy, Lon- 
don, div. — Francois F, FovtVfon, Princes-street, Hanover-sq., 
Middlesex, court milliner, Feb. 13 at 1, Court of Bankruptcy, 
London, div. — Robert Turner, Wortiiing, Sussex, draper, 
Feb. 13 at half -past 11, Court of Bankruptey, London, div. — 
John Reay the younger, and Henry Beay, Mark- lane, Lon- 
don, wine merchants, Feb. 16 at 12, Court of Bankruptcy, 
London, div. — John Chatterton the younger, Derby, lead 
merchant, Feb. 6 at 12, District Court of Bankruptcy, Not- 
tingham, aud. ac.; Feb. 20 at 12, ^y.— Charles Crudgington 
and Thomas Southall, Seabrook Ironworks, Tipton, Stafford- 
shire, ironmasters, Feb. 14 at half- past 10, District Court of 
Bankruptcy, Birmin^iam, div. sep. est. of C Crudgington. — 
Wm, WOson, Bristol, linendraper, Feb. 16 at 11, District 
Court of Bankruptcy, Bristol, div. — Thos. Dixon, Bradford, 
Yorkshire, iron merchant, Feb. 13 at 11, District Court of 
Bankruptcy, Leeds, div. 

CsETinoATaa. 
3b be allowed, unless Cause be shewn to the contrary on or 
before the Day f^ Meeting. 
John Fenton, Avery-row, Bond-st., Middlesex, baker, Feb. 
14 at 2, Court of Bankruptcy, London. — Thomas Harrison, 
Addle-street, Loudon, trimming manufacturer, Feb. 13 at 11, 
Court of Bankruptcy, London. — Ho^er/ Dodd, Sheemess, 
Kent, builder, Feb. 17 at 11, Court of Bankruptcy, London. 
^"Benjamin Wyon, Regent-st, Middlesex, engraver, Feb. 16 
at 11, Court of Bankruptoy, London.— ^«^A M'Coll, South 
Shields, Durham, bookseller, Feb. 26 at 11, District Court of 
Bankruptoy, Newcastle-upon-Tyne. — William Damson, New- 
castle-upon-Tyne, spirit merchant, Feb. 27 at 12, District 
Court of Bankruptoy, Newcastle-upon-Tyne. — Thomas P. 
Dixon, Falmouth, Cornwall, printer, Feb. 19 at 1, District 
Court of Bankruptcy, Exeter. — Joseph P. Godfrey, Cullomp- 
ton, Devonshire, paper maker, March 3 at 11, District Court 
of Bankruptcy, Exeter. — James Richardson the younger, 
Glasgow, Scotland,, commission merchant, Feb. 16 at 11, Dis- 
trict Court of Bankruptoy, Liverpool.— fTm. Neil Monies, 
Liverpool,' spirit mercnant, Feb. 5 at 11, District Court of 
Bankruptoy, Liverpool.— C%ar/M Pigot, Wigan, Lancashire, 
scrivener, Feb. 16 at 12, District Court of Bankruptcy, Man- 
Chester.— yoAn Phillips, Birmingham, druggist, Feb. 17 at 
half. past 10, District Court of Bankruptcy, Birmingham. — 
Bichard Fowke^ Wolverhampton, Staffordshire, chemist, Feb. 
16 at half-past 11, District Court of Bankruptcy, Birmingham. 



— Thos, Dixon, Bradford, Yorkshire, iron merchant, March 5 
at 11, District Court of Bankruptoy, Leeds.— /amev iSy to 
and Thomas Sykes, Severhills Mill, Soyland, Halifax, York- 
shire, woollen manufacturers, Feb. 20 at 11, District Court of 
Bankruptoy, Leeds. — Thomas Dorrington, Leeds, Yorkshire, 
doth merchant, Feb. 13 at 11, District Court of Bankrupts, 
Leeds. — Thos. Carr, Doncaster, Yorkshire, innkeeper, Feb. 
14 at 12, District Court of Bankruptoy, Sheffield. 

To be granted, unless an Appeal be duly et^ered. 

John R» Taylor, Chanoery-lane, and Red Lion-sq., Middle* 
SOX, stationer. — Isaac Bowles, Abingdon, Berkshire, inn* 
keeper.— FTm. Plaister and Mary Pknster, Wlckwar, GIoq. 
cestershire, and Bristol, cheese factors. — Bdw. T, Leemksg, 
Manchester, hosier. — Edward Lacey, Birmingham, looking- 
glass manufacturer. — Thomas Bray, Haseley, WarwicksLire, 
miller. — John Toy, Wolverhampton, Stafforddiire, innkeeper. 
^-Thomas B. Brown, Handsworth, Staffordshire, blister ma- 
nufacturer. — Thomas Wilson, LsLudiffe, Yorkshire, draper. 
— •/. H. O. Wilson, Burton in Lonsdale, Yorkshire, draper. 
Scotch SsauBSTaATiONS. 

Andrew Briton, Cumnock, Ayrshire, auctioneer. — Boleii 
Cuthbert, jun., Greenock, merchant. — Robert Harper, Glas- 
gow, victualler. — Wm. Cook, Glasgow, tavern keeper. — Cotts 
Elder, deceased. Knock, Island of Skye, Inverness-shire, tack- 
man. — John Ross, Bonar-bridge, Suuerlandshire, grocer. 

INSOLVENT DEBTORS 
Who haoeflled their Petitions in the Court qf Bankruptcy, 

and have obtained an Interim Order for Protection from 

Process, 

Wm. 8. Btubbs, Birmingham, tailor, Jan. 31 at 10, Coua^ 
Court of Warwickshire, at Birmingham. — Tho$nas Caia, 
Birmingham, thimble manufacturer, Jan. 31 at 10, County 
Court of Warwickshire, at Birmingham.— /as. Chamberlda, 
Birmingham, butoher, Jan. 31 at 10, County Court of War- 
wickshire, at Birmingham.— ^t^7 Abbott, Homcastle, Lin- 
colnshire, blacksmith, Feb. 6 at II, County Court of linoohi- 
shire, at Homcastle.— 7*Aoff. Hopkins, Fhiedon, near Hig^ 
Ferrers, Northamptonshire, painter, Feb. 12 at half-past 1, 
County Court of Northamptonshire, at Wellingborough.— 6. 
Moate, Misterton, Nottinghamshire, farmer, Feb. 9 at 10, 
County Court of Lincolnshire, at Gainsborough.— 7\ Baylii, 
Worcester, baker, Feb. 4 at 10, County Court of Worcester- 
shire, at Worcester.— RTm. Parker, CoUyweston, Northamp- 
tonshire, slater, Feb. 9 at 11, County Court of Linoolnslure, 
at Stamford.— RtcAord Chippendale, Old Accrington, Lan- 
cashire, toiler, Feb. 10 at 12, County Court of Lancashire, at 
HasUiuden.- 5. Smith, Grasbey, near Birkenhead, Cheshire, 
tailor, Feb. 3 at 10, County Court of Cheshire, at Birkenhead. 
^William C. Parkinson, Nottingham, grocer, Feb. 9 at 9, 
County Court of Nottinghamshire, at Nottingham. — ChriS" 
topher Edw. Buxton, Carlton, near Nottingham, railway la- 
bourer, Feb. 9 at 9, County Court of Nottinghamshire, at 
Nottingham. — If. Morley, Ratoliffe-upon-Trent, Notting- 
hamshire, baker, Feb. 10 at 10, Coun^ Court of Notting- 
hamshire, at Bingham. — Bet^. Pitt, Radford, Nottingham- 
shire, framework knitter, Feb. 9 at 9, County Court of Not- 
tinghamshire, at Nottingham.— I?. Q. Bloxsidge, Whistones, 
Worcestershire, out of business, Feb. 4 at 10, County Court of 
Worcestershire, at Worcester. — Chas. Hickhit Wolverhamp- 
ton, Steffordshire, latch manufacturer, Jan. 31 at 12, County 
Court of Steffordshire, at Wolverhampton. — John Shorthote, 
Duffield, Derbyshire, licensed victualler, Feb. 11 at 11 , County 
Court of Derbyshire, at Wirksworth. — T. A. Jackson, Ba- 
vensworth, Yorkshire, grocer, Feb. 12 at 10, County Court of 
Durham, at Barnard Castle.— 7Aof. Coster, Chatham, Kent, 
bricklayer, Feb. 5 at 10, County Court of Kent, at Rochester. 
— Wm. Southcott, Exeter, innkeeper, Feb. 7 at 10, County 
Court of Devonshire, at the Castle of Exeter.— fT. T. Grigg, 
Chatham, Kent, out of business, Feb. 5 at 10, County Court 
of Kent, at Rochester. 

The following Persons, who, on their several Petitions fllsd is 
the Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein^ 
sftcr mentioned, at the Court-house, in PortugaUstreet, 
lAneoln's Inn, as follows, to be examined and dealt with 
according to the Statute :^ 

Feb. 6 at II, btfore the Chikf Commission br. 
Henry Roome, Brownlow-street, Queen's-road, Dalstqn, 

Middlesex, carpenter. 



THE JUBIST. 



19 



Fei. 6 at 10, before Mr. Com miti ioner La.w. 
Thomas Michael, Castle-ftreet, Holborn, Middleiez, com- 
pootor.— Geo. H. Kiitoe, Beaamont-itreet, Portland-place, 
Middlcaes, derk to the Peninaplar and Oriental Steam Navi- 
gatiOB Company. 

Feb, 7 at II f brfora Mr, OtmmUiioner Phillips. 
Matthew Hawiibte, Croat-atreet, Middlesex, batterman.— 
John SecUitame, Cambridge-road, Bethnal-green, Middlesex, 
retail dealer in heer.^SmHuel F, Brainee, Albemarle-atreet, 
St. John'a-street, Clerkenirell, Middlesex, dealer in fish.— 7. 
Jotua the elder, London-road, Sonthwark, Surrey, cabinet- 
maker. — Thomas Jones the younger, London-road, Sonth- 
wark, Surrey, bedstead maker. 

Ftb, 9 at 10, b^brs Mr. Gnnmisstontr Law. 
Wm. Nmn the eU«r, Union-street, Borough-road« Smth. 
waric, Surrey, fonier. 

Feb. 9 al 11, btfore Mr, C&mmisshner Phillips. 
Joseph Asheroflt Belmont-terraoe, Clifton-street, Wands- 
worth-road, Snirey, plumber.— JoscpA Reed Withers, CUp- 
Bon-st., Fitxroj-aquare, Maryleboiie, Middleaex, derk to a 
chinaman. 

ThefoUsmimg Prisoners ore ordered to be brought np before 
the Osmrt, in Portuffal»etreet, to bo esammod ond dealt 
withaeeordinff to the Statmie:^ 

Feb, 6 at II, b^ore the Chisp ComciMiOKsm. 
Thomas Eimg, Graveaend, Kent, accountant— / Willshor, 
Grore-plaee, comer of Earl-st., Lisaon-grore, Middleaex, 
fimcy bread baker. — Biehard Knight, Tower- street, London- 
fields, Hackney, Middleaex, stationer.— ZiMmw Zo9, Great 
Qneen-sL, Lmcoln's-inn-fields, Middlesex, selling goods on 



Feb, 6 ai 10, bffore Mr, Commissioner Law. 
AJIfred Thomas Batehelor, Dean-street, East-road, New 
NorUk-road, Middlesex, out of business. 

Feb, 7 mil, before Mr, Cbmmtsatonsr Phuulips. 
Wm,Ann Chsnerff, St. John's Wood-terraoe, St John's 
Wood, Middlesex, out of homBieoL,^8tephon Wm. BorridgOf 
Bath-street, Clerkenwell, Middlesex, licensed ▼ictoaller. 

The JbU ominf P r ison e re are ordered to be brought t^ bffhre 
a Judge rf the Counig Court, to be ejeanUnod and dealt 
wiih meoordino to the Statute ^^ 



Ai the Coomiy Court qf Devonshire, at Exbtbb, Feb. 7 
at 10. 
nomas Parrott, Plymouth, chemist— G«or^e Oq/lt, 
Exmouth, littleham, boot maker. 

At the Oomnig Court qf Nottinghoosehire, ai Nottinokax, 
Fe». 9 0/ 9. 
€€orfe BaBom, Nottfaigfaam, coal higgler.— ITm. HdOom, 
Nbtta^am, horse dealer. 

JUthoCounig Court pf Cheshire, at CwonrmnfF^. 9, 
Johm Chaehire the elder, Monk*s Ferry, near Birkenhead, 
XDck salt praprietor.— CAtfrlft HaU, Northwieh, bookbinder. 

At the Coumio Court qf Denbighshire, at Rvthiw , Feb. 12 
atll. 
Mdmmd JVmotaU, LLangollen, broker. 

At He tXmntw Osmrt qf Ohmeostorskhro^ at GLovcasnmy 

Feb. 2^. 

Msaao Lintem, Upton, Bitton, near Bristol, soasU farmer. 

Iirsoi^TBHT Dbbto&'s Dxyidsmd. 
list. Wilding, Ltverpool, ship chandler, Jan. 26, between 
10 and 2, Godfirey's, liverpool: 2id. in the pound. 



Mastkbs in Changsrt.— The Lord Chanoellor has 
appointed the following gentlemen to be Masters Ex- 
tnordinazy in the High M>nrt of Chancery :— Edward 
Samni^ of Birmingham ; Charles Edward RowdiffiSy 
of Stogumber, Somersetttiize ; Thonus Robinson, of 
Hodderafield, Yorkshire. 



SUPPLEMENT TO ARCHBOLD'S CRIMINAL LAW. 

JUomUlj publithad, in royal ISmo , price U, 6d. doth, 

THE NEW LAW of INDICTMENTS, comprising Lord 
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Observations on the Law of Criminal Pleading; an AnalTsis of the 
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Porms. By R. R. PEARCE, Esq^ Barrister at Law. 

S. Sweet, 1, Chancery-lane; and Y. and R. Stevens bf O. 6. NertOBt 
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ARCHBOLD'S SUMMARY of the LAW rdating to 
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SHELFORD ON TITHES^Tnias Svinos. 
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WHITE ON SUPPLEMENT AND REVIVOR. 

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From the Frsnch of Monsieur de Vattel. A New Edition, wlOk a e 
Index. Bj the late JOSEPH CHITTY, Esq., Banister at Law. 



20 



THE JURIST. 



LAW.— WANTED, bj a Geadaman admitted in Hilanr 
Tenn, 1S5I, a SITUATION m MANAOINO CLEEK, (nodar the 
■upevintendBiieaof Um piindpal), either ia a Loadon or Country OSce. 
Ba)v7 moderau. Address, 8. C, Meairs, Reed ft Phillips, Law 8u- 
tioners, S, Blshop's-court, Chanoery-lane. 

AW.— A reoeaay-admitted SOLICITOR, who waa articled 
in a Country Office of esUbliahed ConTeyaneina Pnottoe, wishes 
for a SITUATION. to conduct the CONVEYANCING DEPART- 
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moderate. Security pot to practise given, if desired. Addnu, " Lex," 
care of Mr. Hastings, Law Publisher, IS, Carey-street, Liaooln's-ian. 

MERICAN AGENCY IN LEGAL MATTERS, 

9. NASSAU-STREET, NEW YORK. 
IRVING PARIS, Solicitor, Notary Public, sad CMunlstioBer to 
take Depositions and certify all Legal InstmoMiiii: 

For the Prosecution and Recovery of Cbdne, aad Ite CoUeetlona ge- 
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Also for the Purchase and Sale of Lands, and Investments on Mort- 
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RarsasMcxs. 
J. C. Rutter, Solicitor, 4, Ely-place, Holborn.') 
David Bogue, Esq.. Fleet-street \ London. 
Thomas Delf, Esq., Paternoster-row. ) , 
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rPHE WINDING-UP ACTS, 1848, 1849; with Introdnc 
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LUDLOW, Esq., Barrister at Law. 

*«* The Winding-up Amendment Act, IS49, may be had separately, 
price f «. boards, 

" This work, as fkr as we are able to Judge, appears well and care/VUIy 
got up. Mr. Ludlow has evidently taken great pains with the notes.'*~ 
Law Magaxintt No. 22. 

Stevens ft Norton, 26, Bell-yard, Lincoln's-lnn. 

"^ FOSTER ON SCIRE FACIAS. 

This day is published, in 8vo., price \Ss, boards, 

A TREATISE on the WRIT of SCIRE FACIAS, with an 
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THE PRACTICE of the COUNTY COURTS, in Six 
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an Appendix containing all the Statutes under which the Coun^ Court 
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and the New Rules of Practice and Forms; with an Index to the prin- 
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POLLOCK, Esq., of the Inner Temple, Barrister at Law. 
S. Sweet, 1, Chancery-lane, London. 

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CHITTY, JUN., ON CONTRACTS. 

In one thick vol. royal 8vo., price lA lU. 6d. cloth boards, 

, A PRACTICAL TREATISE on the LAW of CON- 

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A TREATISE on WARRANTS of ATTORNEY, COG- 
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THE LAWS RELATING TO THE CHURCH AND 

THE CLERGY. 

. The Second Edition, price II. 6s. cloth boards, 

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copious Notes, and an Index. By GEORGE SWEET, Esq., of the 
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HEADLAM'S TRUSTEE ACT. 1850.— Sxcoan Edxtioy. 
Just published, 
rPHE TRUSTEE ACT, 1850, with m Introdnction, Notes, 
A and an Index. By T. E. HEADLAM, Esq., M.P., one of her 
Mi^esty's Counsel. Second Edition, with the Cases decided upon die 
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' Stevens ft Norton, 26, Bell-yard, Lincoln's-inn. 

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BURTON on REAL PROPERTY . Sefenth Edition, with 
Notaa, shewing the Alterations in the Law to the present Time: 
to which Is now prefixed au Introductory Chapter, giving a condse 
Historical Outline of such narls of tlie Law as have been the sutdect of 
sUtutory alteraUon. By EDWARD PRIESTLEY COOPER, Esq., 
Barrister at Law. 

Stevens ft Norton, 26, Bell-yard, Llnooln'a-lmi. 



VSXO SIBI TIT AT. 

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TKUSTKKS. 

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Ten Fane, Esq. 1 James Russell, Esq., Q. C. 

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LAW LIBRARIES. • 

MR. HODGSON will SELL by AUCTION, at his Great Room, 19S, 
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VALUABLE LAWBOOKS, including the LIBRARIES ' 
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Among which %re the Year Books; Ruffhead's Statutes at Large; Law 
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Practice; the Repotu of Vemon. Peere Williams, Atkyns. Eden, : 
Dickens. Strange. Brown, Vesey, yesey,Jun., Vesev ft Beames, Men- 
vale, .Swanston, Jacob ft Walker, Jacob, Turner, Russell, Russell ft 
Mylne, Mylne ft Keen, Mylne ft Craig. Craig ft Phillips, Phillips, 
Scnoales ft Lef^oy, Ball ft Beatty, Molloy, Connor ft Lawson, Keen, 
Beavan, Maddock, Simons ft Stuart, Simons, Youngt ft Collynr, Haas, 
Price, Meeson ft Welsbv, Welsby, Hurlstone ft Gordon, Coke, Croke, 
Saunders. Shower, Salfceld, Burrow, Dumford ft East, East, Maule ft 
Sclwyn, Bamowall ft AldersoOj Barnewall ft Cresswell, Adolphus, ft 
Ellis, Dowling, Bosanquet ft Puller', Taunton, Binghun, Manning ft 
Grainger, Canington ft Payne', ftc. 

To be viewed, and Catali^ues had. 



•«• Orders for THE JURIST given to any Newsman, or letter (post- 
paid) sent to the Office. No. 3. CHANCERY-LANE, or to STEVENS 
ft NORTON, 26 and S», BELL- YARD, LINCOLN'S-INN, wOl insure 
its punctual delivery in London, or its being forwarded on the OTening 
of publication, through the medium of the Post Ofllce, to the Country. 

Printed by HENRY HANSARD, Pbxkteb, residing at No. 14, 
Park Square, Regent's Park, in the Parish of St. Marylebone, in the 
County of Middlesex, at his Printing Office, situate in Parker Street, in 
the Parish of St. Giles-in-the-Pields, in the County aforesaid ; and Pub- 
lished at No.S, Chakcbbt Laxb, in the Parish of St. Dunatan in the 
West, In the City of London, by HENRY SWEET, Law Booksblieb 
and Pdblxsbbb, residing at No. 41, Great Coram Street, in the Parish 
of St. George. Bloomshury, in the Coupty of Middlesex.— 4i«tnrday> 
January 24, 1852. 




No> 780— Vol. XVL JANUARY 31, 1852. Prke U., mth Supplement, 2$. 
NAMES OF THE CASES REPORTED IN THIS NUMBER. 



Court op Chancsrt. 
Yates V. Madd€B.r-(FF<//~ilfimitly, wkeiker perpetual 
or for life) 45 

QoURT OF AfFXAL IN ChANCKRY. 

FfeUy 9. Wathen.— (£roltet7or't Lien) 47 

Rolls Court. 
¥yfe 9. Swaby.— (A'2/ to reetrain the Regietration of 
Sharee^ Demurrer— Multifarioueneee— Injunction) 49 

Vice-Chancbllor Turner's Court. 
Osbom 9. MocKan..—(Yri/tf't Equify to a Settlement— 
R e n n i onmy Ckoee in Action) 52 

Vicb-Chancrllor Parker's Court. 

Brig^ V. The Earl of Otfo^,^ (Demurrer — Ir^nction 
fo reifrttin Tenant /or I4fe without linpeachmeni qf 
Wmtefrom cutting Timber) 53 

Thistlcthwayte r. Gamier. — (Practice — Setting down 
amended epecial Oate) 57 



Court op Queen's Bench. 

Corsar r. Reed. — {Nonsuit-^ Bill of Exceptione) 57 

Tetley and Another v. Taylor. — (Bankrupt I^aw Como^ 
lidalion Act — Deed ((f Arrangement — Clause of Die- 

tribuiion) 59" 

Smith V.York, (Coanty Court Appeal). ^Poro/JStrtifeiife 

—Written batrument) 63 

Bail Court. 
Commerellv. Beanclerk. — {Revertal of Outlawry — Spe- 

cial Bail) 65 

Court. OF Common Pleas. 
Orerton v. Freeman and Another.— (Con/rac/or and ' 

Subcontractor not liable for Negligence) 65 

Court of Exchequer. 
GaTan v, Allan. — (Judgment at in Case of Noneuit — 

Insolvent — Stet Procetsue) 67 

. Crown Cases Reserved. 
Reg. r. Phillpotta.— (P«:;ttry— Affl/erfa/i(y) 67 



LONDON, JANUARY 31, 1852. 

The nameroQS guaranties whicli formerly existed 
against the admission of biased and tainted testimony 
hare beoi gradnally removed; neither the strongest 
interest nor the foulest crime now stands in the way of 
a witness being heard ; the contest turns mainly upon 
^ the ciedibilityy and not the adroissibilityy of evidence ; 
examlnatmns upon the voir dire are almost obsolete ; 
and the proposition of Jeremy Bentham, that no objec- 
tion should be allowed to the competency of witnesses, 
(1 Rat. of Jud. £v. 3), may be wid to be established. 
This relaxation of long prevailing rules of evidence 
affords reasons for increasing, rather than diminishing, 
tests for trying the credit and the memory of witnesses; 
and the privileges of counsel in this respect should be 
enlarged rather than contracted, inasmuch as they are 
more* valuable than ever for the exposure of defects 
in the honesty or memory of a witness. The case of 
JiPDonndl v. Eeans, (not yet reported), which came be- 
fore the Court of Common Pleas a week ago, has a direct 
bearing upon this subject; and we call the attention 
of our readers to the decision in that case, because we 
think that it has a tendency to impede the due admi- 
nistration oF JQ9tice, and to interfere with the rights of 
ci'oss-examining counsel. The facts were simply these : 
— At the trial of an action upon a bill of exchange, 
which the defendant asserted to be a fdi^ery, the person 
whom he chained with having forged it was called by 
the plaintiff's counsel as a witness to prove tliat he 
saw the defendant accept the bill. The defendant's 
counsel, on cross-examination, put a letter into his 
hand, and asked him this question — "Did you not 
write this letter in answer to- a letter charging you with 
forgery t" The question was rejected, upon the ground 
that the letter, Mud to contain a charge of foi;gery, 
Vol. XVL C 



should be produced, or its non-production accounted 
for, before the witness could be asked a question in- 
volving a statement of its contents. The Court 
afterwards granted a rule nisi for a new trial, but. 
ultimately dischaiged the rule, holding that the ques— 
tion was rightly rejected. 

The following were the grounds of the judgment :— 
The rule laid down in The Queen^s case (2 Br. & B. 
284) was applicable, namely, that cross-examining coun- 
sel cannot be allowed, in the statement of a question^ 
to represent the contents of a producible letter, and 
to ask the witness whether he wrote a letter to any 
person with such contents, but that the proper course- 
is to shew the witness the letter, and then to ask him' 
whether it is in his handwriting, and if he admit 
it, the letter must, at the proper time, be produced, . 
and read as part of the evidence of the cross-exa- 
mining counsel ; that the best evidence in the posses- 
sion of the party must be produced; that this letter- 
might have been in the possession of the cross-esa<^ 
mining counsel at the time he put the question, and 
no evidence was given by him to shew why the letter 
was not forthcoming. 

With much deference for the learned judges Who 
arrived at this conclusion, we think that the grounds 
of their decision are not sustainable. 

In 27ie Queen's case the distinction between an exa- 
mination conducted with a view to establish a fact in a 
cause, and one conducted with a view to test the credit 
or memory of a witness, was not suggested to the judges^ 
either by the nature of the case, which was a mere 
examination into the character of the Queen with a 
view to legislation, (which ultimately proved abortive)^ 
or by the form of the question, or by the argument 
before the House of Lords*. The answer of the)yif|^ *\\- 



Ofur best text- writers on the law of evidence ayt efli^iotk 

Pi: 



22 



THE JURIST. 



was given expresdy with leferOQJCe to woU-eetabliflhecl 
rules, as old as the common law of the land, which 
could not be Said of cuosB-examination merely with « 
yiew of testing a witness^ inasmuch as rules relating to 
such cross-examination M^ere certiunly not then well 
established, although it was dififerent with respect to 
evidence of facts in the cause. Again .* the grounds of 
Ihe decision in 7%t Quem*8 «Wf , that the best evidence 
should be produced of which the nature of the case 
admitted, and that the Court should be possessed of 
the whole, and not only of a part, of a document, 
although applicable to evidence in caus&, can hardly 
be said to apply to evidence extra causam*. The rea- 
son why there should be a distinction between the two 
modes of examination is manifest: a party must be 
supposed to come prepared to prove or to answer mate- 
rial parts of a cause, but he cannot be expected to be 
equally prepared against any witness who may sud- 
denly be called against him, and of whom he may 
never have heard until he appears in the witness-box. 
In the one case, that which is in the nature of secondary 
evidence is rejected, because it presupposes the existence 
of better evidence in the party's possession, which is 
kept back. (See Gilb. Er. IS). In the other, no such 
presumption arises. 

Several instances of this distinction between these 
two modes of examination were suggested in ai^ument 
1>efore the Court of Common Pleas, but were denied or 
explained by the Court so as to deprive them of tlieir 
distinguishable chanicter. Thus, it was urged, that, in 
order to test a witness, you might ask him whether he 
had not been convicted, without producing the record 
of conviction ; but this was denied by the Court. It 
certainly has been the practice to put such a question, 
~ as also to ask whether a witness has been bankrupt or 
insolvent; and it is stated in the text-books upon the 
subject to be a proper question. (See 2 Russ. Cr. 927, 
931, 974; Ph. Ev. 937, 8th ed.) 

Another instance was, that, to test a witness, you 
* might ask him whether he had not made a statement 
to a third party ; and if he denied it, and it was rele- 
vant to the issue, that you might call such third party 
to prove that he did make it ; and it was said that this 
was a dififerent kind of evidence to that which is ad- 
missible to prove a fact in the cause, and was in the 
nature of hearsay evidence. Cresswell, J., however, 
observed, that for the one object it was relevant evi- 
dence, and therefore admissible ; but that in the other it 
was irrelevant evidence. 

It was contended that the examination upon the voir 
dire aflPorded not only an analogous instance, but also 
an k fortiori aigument; as a witness might, on such 
examination, be asked as to the contents of a veritten 
document without its production, although the object 
was wholly to exclude, and not merely to discredit, 
the witness. The Court, however dbtinguished the 
rule laid down as to the voir dire, upon the grounds 



that the rule in 7%e Queen't can either does not extend, or 
ottg^t not to extend, to cross-examination for the purpose of 
discrediting a witness. (See Ph. Ev. 932, 8th ed.; 2 Rnss. 
931 ; 1 Stark. Ev. 202; Best's Ev. 346; Tayl. Ev. 959). 

* This branch of the question has been very ably discussed 
by Mr. Best m his book ** On the Principles of Evidence/' 
p. 346. 

2 



that it WW an iaquiiy of • i^>eeial nature, of which 
the Court, ^d not the jury, was the Judge, and that 
eviduice (as upon affidavit) was reoeived by a Court 
flitting in banco, which could not be tendered to a jury. 
The grounds, however, giren ia the text-books for 
aUowing this mode of examination on the voir dire 
are, that the opposite party might not know that a 
certain witness might be called, and that he might liare 
difiBcnlty in procuring the lequinte documents*; and 
if these be the gronnds, they are certainly applicable to 
a cross-examination for the purpose of discrediting a 
witness. 

One peculiarity in the case we are considering was, 
that the letter, if it had been produced, would not pro- 
bably have been admissible in evidence, as it was not 
relevant to the issue; (Tayl. Ev. 966); therefore the 
only eflPect of producing it would have been to shew 
it to the witness ; but that would altogether have de- 
feated the object of the question, which was, to test his 
credit or his memory. 

If he could not have been contradicted, the answer of 
the witness would have been conclusive, whether in the 
afifirmatlye or negative. If the letter could have been 
given in evidence^ (and Maule, J., seemed to think that 
it could), and the witness had denied that he wrote it, 
then, to contradict him, it would undoubtedly hare been 
necessary to produce the letter, and have the whole of 
it read. It might, however, have been very important 
for the defendant in either case to have had simply the 
answer of the witness ; and it was such answer that he 
claimed a right to have. 

It is difficult to see how the fact of the letter being 
in the possession of the defendant can make any dif- 
ference as to the allowance of the preliminary question, 
the main point being, whether he is bound to produce 
it, or account for its non-production, except where it 
becomes necessary for the purpose of contradicting the 
witness. To hold that he is so bound will probably 
amount to a practical disallowance of questions on cross- 
examination as to the character of a witness, if it ao 
happen that the question involves a reference to written 
documents instead of oral statements; for how can it be 
expected that a party will come to trial prepared with 
records of conviction, or letters, or other writings re- 
lating to persons of whose existence he may have been 
ignorant until they appeared as witnesses against himi 
And if the question cannot be put, is the testimony of 
those witnesses to ffo to the jury as credible and un- 
tainted testimony, although they mav have been guiltyof 
off(Nioes which they might be forced to admit in a court 
of justice, and which would cover them with infamy ? 
The rule laid down in this case will govern criminal as 
well as civil causes^ and therefore the life of a man 
mav depend upon the testimony of such witnesses. 
If the rule henceforth to be adopted is the one laid down 
by the Court of Common Pleas, and if The Quem'i cote 
be considered binding, to such an extent as thic^ upon 
our Courts, it would appear to be a fit subject for legis- 
lative interference. 



Master in Chancery. — The Lord Chancellor has 
appointed Isham Henry Edward Gill, of Liverpool, 
Gent., to be a Master Extraordinary in the High (^urt 
of Chancery. 

* 2 Ross. Cr. 987 j 1 Stark. Ev. 206, note (*); 1 Ph. Bv. 
154. 



THE JURIST. 



23 



THE COST-BOOK SYSTEM OF MINING. 

The gold mining speculations at present before the 
public almost remind us of the mania for mining con- 
cems which raged in London, and the empire generally, 
in 1824 and 1825, after the opening of Mexico and 
other parts of Spanish America to our intercourse. It 
is not for ixs, however, to hazard a conjecture as to their 
ultimate success. 

We perceive that some of these inchoate companies 
propose carrying on operations under the cost-book 
sj^tUm of mining. We think, therefore, that a few 
remarks, in the first place, on the peculiar character of 
cost-book mining companies, and, secondly, on what 
deviations from the cost-book sy^m would probably 
sobj^ect such companies to the penalties for non-regis- 
tration under the Joint-stock Companies Act, may not 
prove unacceptable to some of our readers. 

Mines conducted on the cost-book principle occupy 
an intermediate position between joint-stock compa- 
nies on the one hand, and ordinary trading partnerships 
on the other. The machinery of the Joint-stock Com- 
panies Act was considered inapplicable to many of 
these obscure associations, and conse<}uently they were 
expressly exempted from the provisions of the same. 
Thev essentially differ also from ordinary trading jpart- 
nerBhips, in not being founded on the consent of the 
parties, or delectus persons, from which principle, as 
our readers know, the rights and obligations of ordinary 
tmding partners are mainly derived. Companies which 
adopt the cost-book system of management are, for the 
most part, small associations, commencing with little 
capital, though with a full list of shareholders, wanting 
the stability of registered, commonly called, scrip conr- 
panies. 

The following is a description of the manner in 
which a mining company is usually formed in Corn- 
wall or Devonshire, on the coat-book system, in its 
simplest form : — Permission is obtained from the owner 
of the land to work a lode; the adventurers then hold 
a meeting, and decide on the number of shares into 
which their capital is to be divided, and the number to 
be sdlotted to each; they appoint an agent, commonly 
called a jpurser, for managing the affairs of the mine ; 
and enter in a book, called the ** cost-book," the minutes 
of their proceedings, which are signed by all present. 
A license to try for ores for some short periodf b then 
obtained, followed, if the search be promising, by a sett, 
that is, a lease of the minerals, or a license to dig, or 
both, granted by the landowner to the purser, or to 
one or two of the adventurers, without any expression 
€fHfut on their part for the rest, or any other persons, 
mr a term of years, usually twenty-one, stipulating for 
the annual payment of some portion of the ore raised. 
The purser manages the works, keeps the cost-book, in 
whicn he enters all the proceeds and disbursements of 
the mine, the names of the shareholders, together with 
the account for and against each, and the transfer of 
shares, whenever they are transferred ; he makes calls, 
lach as have been agreed to at a general meeting, and 
convenes those meetings by circular letters, at regular 
intervsls, commonly of two months. These general 
meetiogs review the accounts and report of the purser, 
and pass resolutions, either declaring dividends, or 
anthorising calls, and directing the mode of carrying 
on the mine. Anjr adventurer may relinauisli his 
share, and ^th it his liabilities — at least, as rar as his 
partners are concerned — by giving notice of relinquish- 
ment in writing to the purser, and settling his account 
witti the mine. 

There ia a certain class of mines in Germany which 
is required by law to be managed much in the same 
manner. 
Where mining companies are formed after the above 



model, there is no difficulty in deciding that they are 
managed on the cost-book principle; but when some of 
these essential features are found wanting, or where 
others are introduced analogous to the joint-stock com- 
pany's type, it becomes no easy matter to pronounce as 
to the real character of the concern. This leads us to 
the second head of our remarks, viz. as to what devia- 
tions from the cost-book system would probably sub- 
ject such an association to the penalties of the Joint- 
stock Companies Act, for non-registration. If there be 
any deviation from the legitimate type of a cost-book 
society, it must assume the features either of an ordi- 
nary trading partnership or a joint-stock company. We 
have seen that they are principally distinguislied from 
ordinary trading partnersliips by the absence of delec- 
tus personce. It was decided, after many doubts, that 
the mining partner had a right either to relinquish or 
transfer his share without tne consent of his co- part- 
ners ; and that, upon his death or bankruptcy, the law, 
instead of dissolving the partnership, would tranter 
it to his executors or assigns; and the power of part- 
ners to bind each other, by engagements entered into 
with non- partners, was restricted. Should a cost-book 
company endeavour to forbid or restrict the transfer 
of shares, without the consent of the whole association, 
it would introduce the principle of delectus persons, 
and virtually become an ordinary trading partnershin ; 
the consequence would be, that such a partnership 
would come within the operation of the Joint-stoek 
Companies Act, under that part of the 2nd section 
whicn enacts, that the term ** joint-stock company" 
shall comprehend '^ every partnership which, at ita 
formation, or by subsequent admission, (except any 
admission subsequent on devolution or other act in 
law), shall consist of more than twenty-five members.*' 
fiut the deviations to be apprehended are in ih» 
direction of the joint- stock company type. It is abun- 
dantly clear that a company cannot escape from the 
provisions relating to trading and commercial eempa* 
nies, if they act as a joint-stock company, by merely 
calling themselves a company under the cost-book 
system, or keeping a cost-book, or enterinfi: into a deed 
of partnership declaring that the mine snail be con- 
ducted on the cost-book principle. Cost-book compa- 
nies are excepted from the Joint-stock Companies Act. 
The 63rd section enacts, ^' that nothing in this act con- 
tained shall extend, or be construed to extend, to any 
partnership formed for the working of mines, minerak, 
and quarries, of what nature soever, on the principle 
commonly called « the cost-book principle.* " The prin- 
cipal difference betwixt cost-boot and joint-stock com- 
panies lies in this — that, in the former, control over 
the management of the concern is directly exercised by 
the whoU body of shareholders; whereas, in the lattor, 
all powers are in a great measure delegated to a repre- 
sentative body, commonly called a bofurd of directors. 
It has been remarked that the most essential and pecu- 
liar features in the organisation of these mining societies 
are the keeping of a cost^hook^ containing the before- 
mentioned entries, and to which every adventurer haa 
access ; and the appointment of a purser, who acts as the 
servant of all, whose functions are purely executive, 
who is removeable at pleasure, and accountable to fre- 
quent meetings of all the shareholders, at which meet- 
ings only, the general affairs of the company are delibe- 
rated upon and regulated, dividends declared, or calls 
made. Whether the discharge of the pursers duties 
by more than one person, or by a committee, would 
constitute a material deviation from the cost-book sys- 
tem, would depend upon the nature of the acts per- 
formed. Provided their general scope did not exceed 
the ordinary functions of puraer, there can be no doubt 
that they may be discharged W a committee of ma- 
ni^ement, without essentially aeparting from the ooat- 
book type. But should powers oeyona those usually 



84 



THE JURIST. 



exercised by the purser — ^for example, the borrowing 
monies, the drawing bills, or the making of calls, or 
auditing and passing accounts — be delegated to a board 
of directors, or a committee of management, or to a 
select body of shareholders bv any other name, and the 
general meeting of shareholders be discontinued, and 
held at rare intervals, it seems equally clear that these 
would be material alterations in the cost-book system, 
and constitute also obvious deviations in the direction 
of joint-stock comnanies. 

As we have toucned generally on the law of cost-book 
companies, we take this opportunity of observing, that 
they come within the oneration of the Winding-up Acts. 
It is enacted by the 2nd section of the Winding-up Act, 
1848, ** that all associations or companies, formed for the 
purpose of working mines or minerals, shall be liable to 
the operation of this act." Mr. Ludlow remarks that 
tiiese words were inserted with a view to include mining 
companies on the cost-book principle. The 1st section, 
however, of the Winding-up Amendment Act, 1849, 
enacts, ^* that nothing in this act, nor in any act herein 
referred to, contained, shall extend, or be construed to ex- 
tend, to any partnership, association, or company formed 
for the working of mines on the principle commonly 
called ' the cost-book principle,' within the said stan- 
naries and jurisdiction of the said court, unless the 
owner or owners of one-tenth in value of the shares in 
any such mine, as shall anpear on the cost-book, shall 
present a petition," &c, Mr. Wordsworth says* that 
the Winding-up Amendment Act places " mining part- 
nerships, on the cost- book principle, on a special foot- 
ing." We submit, however, that this special provision 
applies only to cost-book companies within the stanna- 
nes of Cornwall; and that associations conducted on 
this principle, without the jurisdiction of the Court of 
Stannaries, are included within the general operation 
of the Winding-up Acts. Tliis provision is considered 
flsngular also, as mtroducing a test of value with re- 
spect to the petitioner, instead of a test of liability 
merely, which is the rule as respects all other associa- 
tions subject to the Winding-up Acts. 

The English law applies to a company established 
and directed in this country for carrying out opera- 
tions in a foreign part. (See TheMadfid and Valencia 
Railway Company's casiy 3 De G. & S. 127). We con- 
clude, therefore, by expressing our opinion, that a 
mining concern may be formed in this country on the 
cost-book principle for working foreign mines; and 
tliat even tne functions of purser may be discharc^ed by 
a committee of management without materially depart- 
ing from this principle. Practically, however, it would 
be impossible for a scattered body of small shareholders 
to exercise individual and collective control over the 
concern, or to hold frequent genei-al meeting ; the com- 
mittee of management must be necessarily invested also 
with such powei*s as virtually to make them a board of 
directors. We think, therefore, tliat these would con- 
stitute essential deviations from the cost-book principle, 
and would probably subject such a mining company to 
the penalties of the Joint-stock Companies Act, for 
non-registration. 

COURT OF COMMON PLEAS. 
Hilary Term.— 15 Victoria.— 7a«. 20, 1852. 

This Court will, on Wednesday the 4th, Thursday 
the 5th, Monday the 0th, and Tuesday the 10th days 
of February next, hold sittings, and will proceed in 
dieposing of the business now pending in the Paper of 
Ktw Truils, and in giving judgment in certain of the 
matters that will then be standing for the consideration 
of the Court. John Jervis. 

* Wordsworth's Law of Joint-stock Companies; 446, note 1, 
0th ei. 



lonQon <Sa?ette5. 

TUESDAY, January 27. 
BANKRUPTS. 

WILLIAM ABRAM COGAR, Newgate- street, London, 
and Qaadrant, Regent-st., Middlesex, boot and shoe desler, 
commission agents dealer and chapman, Feb. 6 at half- 
past 1, and March 12 at 1, Court of Bankruptcy, London : 
Off. Ass. Whttmore ; Sols. Dennis, Northampton ; Hens- 
man, 25, College-hill, Cannon-street West— Petition dated 
Jan. 26. 

GEORGE GULL and FRANCIS DEACON WILSON, 
Old Broad- St., London, Russia brokers, dealers and chap- 
men, Feb. 6 and March 10 at 12, Court of Bankruptcy, 
London : Off. Ass. Graham ; Sol. Murray, 10, London-st*, 
Fenchurch-st. — Petition filed Jan. 21. 

JAMES BOXALL, Brighton, Sussex, coach maker, leather 
seller, dealer and chapman, Feb. 6 at 12, and March 5 at 

11, Court of Bankruptcy, London: Off. Ass. Cannan; 
Sols. Kennett, Brighton ; Sowton, 6, Great James-street, 
Bedford-row, London. — Petition dated Jan. 20. 

HENRY FRANCIS WOLLASTON. late of Cape Town, 
Cape of Good Hope, also Great St. Helen's, London, and 
now of Union-grove, Wandsworth-road, Surrey, merchant, 
Feb. 6 and March 13 at 11, Court of Bankruptcy, London : 
Off. Ass. Nicholson ; Sols. J. & T. Gole, 49, Lime-street, 
London. — Petition dated Jan. 21. 

FREDERICK ^INCH, Margate, Isle of Thanet. Kent, 
tailor, Feb. 6 at 12, and March 13 at half-past 11, Court of 
Bankruptcy, London : Off. Ass. Penneli ; Sols. J. Allen & 
Allen, 17, Carlisle-st., Soho-sq.— Petition filed Jan. 21. 

WILLIAM PLAITS, Crawford-st., Marylebone, Middleses, 
draper, dealer and chapmin, Feb. 5 at 2, and March 11 at 

12. Court of Bankruptcy, London: Off. Ass. Johnson; 
Sols. Ashurst & Son, Old Jewry. — Petition filed Jan. 17. 

LEON J. NERINCKX, Great PorUand-strcet, Marylebone, 
Middlesex, laceman and silk mercer, Feb. 5 at 2, and 
March 9 at 11, Court of Bankruptcy, London: Off. Ass. 
Groom ; Sols. Reed & Co., 59, Friday-street, Cheapdde. — 
Petition filed Jan. 16. 

WILLIAM ROCK, Surrey-place, Surrey, printer and en- 
graver, Feb. 12 at 1, and March 9 at 11, Court of Bank- 
ruptcy, London: Off. Asa. Edwards; Sol. Jerwood, 17, 
Ely-place, Holbom. — Petition filed Jan. 24. 

HENRY GLADWIN, Nottmgham, draper, dealer and chap- 
man, Feb. 6 and March 5 at half-past 10, District Court of 
Bankruptcy, Nottingham : Off. Ass. Bittleston ; Sols. R. & 
H. Enfield, Nottingham.— Petition dated Jan. 16. 

EDWARD TINSLEY, Cradley -heath, Rowley Regis, Staf- 
fordsbire, cooper, Feb. 11 and March 3 at balf-past 11, 
District Court of Bankruptcy, Birmingham : Off. Ass. 
Christie ; Sols. Wbitehouse, Dudley ; James, Birmingham. 
— Petition dated Jan. 24. 

WILLIAM WOOD, Bristol, provision mercbant, dealer and 
chapman, (trading under the firm of William Wood & Co.), ' 
Feb. 7 and March 9 at 11, District Court of Bankniptcy, 
Bristol : Off. Ass. Miller ; Sol. Bevan, BristoL— Petiti<Mi 
filed Jan. 15. 

CHARLES BACON, Walton, Somersetshire, tailor and 
wooUendraper, Feb. 10 and March 3 at 11, District Coart 
of Bankruptcy, Exeter : Off. Ass. Hirtzel ; Sols. Hobbs & 
Son, Wells.— Petition filed Jan. 22. 

JAMES COPLAND, Barnstaple, Devonshire, tea dealer and 
draper, dealer and chapman, Feb. 10 and March 3 at 11, 
District Court of Bankruptcy, Exeter : Off. Ass. Hema- 
man ; Sols. Carter Sc Chanter, Barnstaple ; Moore, Exeter. 
—Petition filed Jan. 16. 

HENRY POUND, Plymouth, DcTonshire, builder, dealer 
and chapman, Feb. 9 at half-past 1, and March 18 at 11, 
District Court of Bankruptcy, Plymouth : Off. Ass. Hema- 
man; Sols. Surr & Gribble, Elwortby, and Layers, jnn., 
Plymouth.— Petition filed Jan. 22. 

EDWIN WALKER, Huddersfield, Yorkshire, woolstapler, 
dealer and chapman, Feb. 9 and March 8 at 12, District 
Court of Bankruptcy, Leeds : Off. Ass. Hope ; Sols. Bond 
& Barwick, Leeds. — Petition dated Jan. 22. 

SAMUEL BICKERTON, Liverpool, butcher, Feb. 10 and 
March 2 at 11, District Court of Bankruptcy, Liverpool : 
Off. Ass. CozenoTe ; Sol. Hore, Liverpool. — Petition filed 
Jan. 22. 



THE JURIST. 



25 



WILLIAM LOUGHER, THOMAS LOUGHER, tnd 

DAVID LOUGHER, Plymoath, Devonshire, ironfounders, 

Feb. 9 at half.past 1, and March 18 at 11, Diitrict Court 

of Baakniptcy, Plymouth : Off. Aas. Hemaman ; Sols. 

Lavers, jon., Plymouth ; Pontifez & Moginte, 51, Andrew's- 

court, Holbom, London. — Petition filed Jan. 22. 

WILLIAM JAMES FOULKES, Birkenliead, Cheshire, 

druggist, dealer and chapman, Feb. 10 and March 3 at 11, 

District Court of Bankruptcy, Liverpool : Off. Ass. Morgan ; 

Sol. Tyrer, Lirerpool. — Petition filed Jan. 17. 

JOHN JAMES RAYNER, Manchester and Fleetwood, 

Lancashire, tailor and wooUendraper, Feb. 6 and 27 at 

12, District Court of Bankruptcy, Manchester : Off. Ass. 

Mackenzie; Sols. Sale & Co., Manchester; Reed & Co., 

Friday-street, Cheapside, London.— Petition filed Jan. 17. 

GEORGE HOPKINSON, Liverpool, coach builder, dealer 

and chapman, Feb. 12 and March 4 at 11, District Court of 

Bankruptcy, Lirerpool: Off. Ass. Turner; Sols. Cross, 

Liverpool ; Low, 65, Chancery- lane, London. — Petition 

filed Jaa. 26. 

Mkktikcs. 
F. F. FoittV/off, Princes- street, Hanover-sqnare, Middlesex, 
Court milliner, Feb. 6 at 1, Court of Bankruptcy, London, 
aud. ac. — Joseph Samuel Hodge and /amet Cfulpin, New Ojc- 
ibrd.street, Middlesex, t^Ion, Feb. 6 at half-past 11, Court 
of Bankruptcy, London, aud. ac. sep. est. of J, 8, Hodge, — 
John FranekeiMM, Portsea and Landport, Southampton, woollen 
draper, Feb. 6 at 1, Court of Bankruptcy, London, aud. ac. — 
Join if, ^iay, Brecknock-terrace, Camden-town, Middlesex, 
draper, Feb. 6 at 1, Court of Bankruptcy, London, and. ac. — 
Nugk Bierg, Carlton-villas, Edgeware -road, Paddington, Mid- 
dlesex, builder, Feb. 6 at half- past 11, Court of Bankruptcy, 
London, aud. ac. — T, Saikeid, Basinghall -street, London, ware- 
houseman, Feb. 7 at half- past 12, Court of Bankruptcy, Lon- 
don, aud.ae. — T. P, DLton, Falmouth, Cornwall, printer, Feb. 
11 at II, District Court of Bankruptcy, Exeter, aud. ac. ; Feb. 
17 at II, div. — L. Farrands, Nottingham, innkeper, Feb. 20 
at 12, District Court of Bankruptcy, Nottingham, aud. ac. — R. 
Heath, Manchester, IVm. Welch and John H, Barber, Burs- 
lem, Staffordshire, ironmasters, Feb. 21 at half-past 10, Dis- 
trict Court of Bankruptcy, Birmingham, aud. t^c.-^David 
Douglaa, Manchester, draper, Feb. 13 at 12, District Court of 
Bankruptcy, Manche<<ter, aud. ac. ; Feb. 20 at 12, div. — 
JoAii Wrighi^ jnn., and George Lockwood, Trinity- square, 
London, coal factors, Feb. 20 at 12, Court of Bankruptcy, 
London, div. — Charlee Oove, Hornchurch, Essex, builder, 
F^b. 17 at half -past 12, Court of Bankruptcy, London, div. — 
Wm, Pitkey, Phil i^ot- lane, Fenchurch-street, London, mer- 
chant, Feb. 20 at half-past 11, Court of Bankruptcy, London, 
div. — Bobert Brown, Gravel-lane, South wark, Surrey, and 
St. Mary-at-Hill. London, basket maker. Feb. 20 at 11, Court 
of Bankruptcy, London, div. — Bolt. TilU Worcester, grocer, 
Feb. 17 at 1, District Court of Bankruptcy, Birmingham, aud. 
ac. ; Feb. 21 at 1, div. — Thomas Goddard, Derby, brush 
manufacturer, Feb. 27 at 12, District Court of Bankruptcy, 
Nottingham, aud. ac. and first and fin. div. — A. 3PCouchie, 
Nottingham, draper, Feb. 20 at 12, District Court of Bank- 
raptcy, Nottingham, aud. ac. and first and fin. div. — William 
Craven, Birkenhead, and PouIton-cum-Spital, Cheshire, road 
maker, Feb. 20 at 11, District Court of Bankruptcy, Liver- 
pool, div. — Thomae Ramtden, Chester, timber merchant, Feb. 
20 at II, Dbtrict Court of Bankruptcy, Liverpool, div. — /. 
Fleetwood, Liverpool, grocer, Feb. 20 at 11, District Court of 
Bankruptcy,' Liverpool, div. 

Ceutificatss. 

To he Mowed, unlem Cauee be shewn to the contrary on or 
before the Day of Meeting. 
Samuel Churchill, Chrisp-st, Poplar, and Thoe, Clay den, 

St. Tliomas's-road, Mile-end Old-town, Stepney, Middlesex, 
builders. Feb. 18 at half- past 1, Court of Bankruptcy, London. 
— .^. Pinhom and /<. PtnAom, Southampton, tailors, Feb. 18 
at 1, Court of Bankruptcy, London. — E. S, Howard and T. 
StonCf Norwich, builders, Feb. 20 at 1, Court of Bankruptcy, 
Xjondon. — Bobert Brown, Gravel-lane, Southwark, Surrey, 
and St. Maryat-Hill, London, basket maker, Feb. 20 at 11, 
Conrt of Bankruptcy, London. — Chat. H. Beynolde and C. 
Witt, Comhill, London, outfitters, Feb. 17 at II, Conrt of 
i^kmptey, London. — Daniel E, Monies, Liverpool, broker, 
Feb. 20 at 12, District Court of Bankruptcy, Liverpool.— J". 
BoherU, Rhyl, Flintshire, innkeeper, Feb. 19 at 12, Diitrict 



Court of Bankruptcy, Liverpool.— JbAn Warhurton, Liver« 
pool, tailor, Feb. 17 at 11, District Court of Bankruptcy, 
Liverpool. — Thomas Birch, Chorlton-upou-Medlock, Man- 
cheater, common brewer, Feb. 18 at 12, District Court of 
Bankruptcy, Manchester. 

To be granted, unless an Appeal be duly entered, 

Charles Wheeler, St. Martin's -lane, Middlesex, woollen 
draper.— t/otfpA Woodhams, Tonbridge, Kent, grocer. — Job 
Way, Princes-road, Uxbridge-road, Middlesex, licensed vic- 
tualler.— -T^Aofiwii Bkin, Cambridge, spirit merchant.— i/eiiry 
Thompson, Belper, Derbyshire, draper. — Charles Bead, Great 
Grimsby, Lincolnshire, wine merchant. 

Scotch Seoukstrations. 

John Whitehead, Glasgow, mason.<— /umft M*Intosh, Dun- 
dee, grocer.— il^x. TempUton Sc Co., Dutch -mills, near Ayr, 
wool spinners. — John Limeroch, Glasgow, smith.— ^. D, 
Campbell, Edinburgh, stockbroker.— /'rtcAaiuiii, Boss, 8f Cb., 
Doggartland, Dairy, Kilmarnock, calico printers. — WiUians 
Morrison, Roundhill, Avondale, Lanarkshire, farmer. — Jos. 
Ure, deceased, Maryburgh Cottage, near Diogwall. 

INSOLVENT DEBTORS 
Who have filed their Petitions in the Court of Bankruptcy, 

and have obtained an Interim Order for Protection from 

Process. 

James Bates, Liverpool, dealer in fish, Jan. 29 at 10, 
County Court of Lancashire, at Liverpool. — John Suart, 
Toxteth-park, near Liverpool, beer-house keeper, Jan. 29 at 
10, County Court of Lancashire, at Liverpool. — Elizabeth 
Dutton, Liverpool, retailer of butcher's meat, Jan. 29 at 10, 
County Court of Lancashire, at Liverpool. — Henry Perkes, 
Liverpool, butcher, Jan. 29 at 10, County Court of Lanca- 
shire, at Liverpool. — Thos. Frederick Tyror, Edge- hill, near 
Liverpool, chemist, Jan. 29 at 10, County Court of Lanca- 
shire, at Liverpool. — John Gray, West Derby, Lancashire, 
market gardener, Jan. 29 at 10, County Court of Lancashire, 
at Liverpool.— 7!i%omat lAoyd, Liverpool, butcher, Jan. 29 at 

10, County Court of Lancashire, at Liverpool.— Fefer Vine, 
West Derby, Lancashire, out of business, Jan. 29 at 10, 
County Court of Lancashire, at Liverpool. — Joseph Boberts, 
Liverpool, beer-house keeper, Jan. 29 at 10. County Court of 
Lancashire, at Liverpool.— TAoi. Hibbs, Warmley, Siston, 
Oldland, Bitton, Gloucestershire, tiler, March 17 at 11, 
County Court of Gloucestershire, at Bristol. — Wm. Paynes 
Charlton, near Henbury, Gloucestershire, butcher, Feb. 18 at 

11, County Court of Gloucestershire, at Bristol. — Samuel 
Chapman, Bedminster, Bristol, rag merchant, Feb. 18 at 11, 
County Court of Gloucestershire, at Bristol. — Jas, Harding, 
Bristol, baker, March 17 at 11, County Court of Gbucester- 
shire, at Bristol. — Joseph Taylor, Portsea, Southampton, 
butcher, Feb. 13 at 10, County Court of Hampshire, at 
Portsmouth. — Wm. Sample, Bothal and Matten, Northum- 
berland, farmer, Feb. 13 at 10, County Court of Northum- 
berland, at Morpeth. — James Scott Henderson, Sunderland, 
Durham, merchant, Feb. 18 at 10, County Court of Durham, 
at Sunderland.— TTm. Thompson, Batley, Yorkshire, shop- 
keeper, Feb. 19 at 10, County Court of Yorkshire, at Dews- 
bury. — Wm. Richmond Critten, Great Yarmouth, Norfolk, 
grocer, Feb. 9 at 10, County Court of Norfolk, at Great 
Yarmouth.— JHor^an Bees, St. Bride's Minor, Glamorgan- 
shire, collier, Feb. 12 at 10, County Court of Glamorganshire, 
at Cardiff.— JoAa Edwards, Cardiff, Glamorganshire, grocer, 
Feb. 12 at 10, County Court of Glamorganshire, at Car- 
diff. — David Black, Cardiff, Glamorganshire, engineer, Feb. 
12 at 10, County Court of Glamorganshire, at Cardiff.— 
Isaac Thomas, Cardiff, Glamorganshire, beer-house keeper, 
Feb. 12 at 10, County Court of Glamorganshire, at Cardiff. — 
James Warner, Chatham, Kent, bootmaker, Feb. 5 at 10, 
County Court of Kent, at Rochester. — Thomas Carruthers, 
Chorlton-upon-Medlock, Lancashire, out of buainesB, Feb. 6 
at 1, County Court of Lancashire, at Manchester. — Henry 
Place, Cardiff, Glamorganshire, grocer, Feb. 12 at 10, Coun^ 
Court of Glamorganshire, at Cardiff. 

The following Persons, who, on their several Petitions filed 
in the Court, hate obtained Interim Orders for Protection 
from Process, are required to appear in Court as Aernn- 
qfier mentioned, at the Court-house, in Portugal-streetp 
Lincoln's Inn. as follows, to be examined and dealt with 
according to the Statute .*— > 

Feb. 11 af 11, b^ore the Chiev Commissionbe. 
Samuel Butcher, De Beaavoir*plaoe, Kingaland, Middle- 



M 



THE JURIST. 



MB, coal dealer. — Wm, Heudriei, Niahora.sqaarei Hacknej- 
xottdi Middlesex, braah maker. 

Feb. II at 10, btfore Mr. OofmmU$ioner Law. 

George Potter, Wapping-wall, Shadwell, Middlesex, marine 
store dealer. 

Sttturdtilft Jam. 24. 
n§ following Aeeigneee hwre been appointed. Farther par» 

Heulart mag be teamed at the Ofiee, in Portugal^t., 

lAn€oln'»'inn''Jlelde, on gifting the Number ikf the Caee. 

Jamet Smith, Lancaster, contractor, No. 73,555 C. ; C. 
Bidlen, assignee. — Motee Shallerote, Brighton, Sussex, town 
carter. No. 74,483 C. ; Thomas Soncb, assignee. — Robert 
Fbiter Wray, Briggate, Leeds, Yorkshire, ooffee-honse 
keeper, No. 74,408 C. ; Richard Penrose, assignee. — Willimn 
Seelee, Leyland, near Chorley, Lancashire, oat of business. 
No. 70,013 C. ; James Parker and Richard Parkinson, new 
assignees, in the room of Robert Parker, deceased. — Wiiliam 
Stood, Castle Donnington, Leicestershire, carrier. No. 
37,788 C. ; Tilleman Hodgkinaon Bobart, new assignee, in 
the room of Thomas Fisher, deceased. 

Saturday, Jan. 24. 
Ordere have been made, vetting in the Previeional Aetignee 
the Batatee andBffeete of the following Pertone: — 
COn their own PetitioneJ. 
Wm. Geo. Brown, White Horse-lane, Stepnej, Middlesex, 
linendraper : in the Debtors Prison for London and Middle- 
wex.^Charlee Willamer, Bexley-heath, Kent, baker: in the 
Debtors Prison for London and Middlesex. — Robert Wileon, 
Hajmarket, Middlesex, bntterman : in the Debtors Prison for 
London and Middlesex. — Henry Howte, Middlesex-place, 
New-road, Marylebone, and Beanfort-bnildings, Strand, Mid- 
dlesex, commission agent : in the Debtors Prison for London 
and Middlesex.— £(fm«ft<} Child, Moore-st., Cadogan-street, 
Chelsea, Middlesex, carpenter : in the Debtors Prison for Lon- 
don and Middlesex.— Sonets Farrow, Richmond, Surrey, 
stonemason: in the Gaol of Horsemonger-lane. — William P. 
Louie Blanehenay, Great Ormond-st., Queen-square, Mid- 
dlesex, bottled beer merchant : in the Queen's Prison. — Wm. 
Cooper, Blackfriars-road, Surrey, common brewer: in the 
Queen's Prison.— ^Tmr^ Reeee, Walton-on-Thames, Sur- 
rey, out of business: In the Queen's Prison. — William 
Kirkpatrick Smith, Stebbington-street, Clarendon- square, 
Somers-town, Middlesex, cheesemonger: in the Debtors 
Prison for Ixmdon and Middlesex. — Matthew Cunningham, 
Featherston- street, City-road, Middlesex, licensed hawker: 
in the Debtors Prison for London and Middlesex. — William 
Surflen, Henry-place, South-parade, Chelsea, Middlesex, in 
no business : in Uie Debtors Prison for London and Middlesex. 
— /oAn Casey, Cannon-street, London, butcher: in the 
Debtors Prison for London and Middlesex.— fFi//iam Oebom, 
Adams-row, Hampstead-road, Middlesex, butcher: in the 
Debtors Prison for London and Middlesex. — William John 
Wake, Printer's-place, Bermondsey, Surrey, builder : in the 
Gaol of Surrey.— Hifiiry Albert de Pury, Frederick-place, 
Old Kent-road, Surrey, commission agent: in the Debtors 
Prison for London and Middlesex.— /os^ A Read, Holbeck, 
near Leeds, Yorkshire, commercial trayeller : in the Gaol of 
York.-- rAomos Williame, Sandiway, Cheshire, licensed vie- 
tualler: in the Gaol of Chester.— TKomos Charlton, Monk- 
wearmonth Shore, Durham, potato dealer: in the Gaol of 
Durham. — Bernard Carrigan, Manchester, marine store 
dealer : in the Gaol of Manchester. — Thomas Dandy, Hulme, 
Manchester, retail dealer in ale : in the Gaol of liancaster. — 
John Foysier, Holton, near Halesworth, Suffolk, dealer in 
pigs : in the Gaol of Ipswich.— TT^Z/tam Holt, Clegg Hall, 
near Rochdale, Lancashire, licensed rictualler : in the Gaol of 
Lancaster. — George Jackson, Manchester, retail dealer in ale: 
in the Gaol of Lancaster.— /o An Walsh, Liverpool, tailor : 
in the Gaol of Lancaster. — Robert Verden Spalding, Pressing- 
field, Suffolk, farmer : in the Gaol of Ipswich.— Jof. Charles, 
Waddingham, near Kirton, Lindsey, Lincolnshire, bricklayer: 
in the Gaol of Lincoln. — Howard Garside, Brinnington, near 
Stockport, Cheshire, maohinist : in the Gaol of Lancaster.—- 
WilHam Hunt, Aston Hamrille, and Hinckley, Leicesterdiire, 
chemist : in the Gaol of Leicester. --^aftcis Marsden Nel tie- 
ton, Horbary, Wakefield, Yorkshire, joiner : in the Gaol of 
York.— 0«o. Porter, Heyrod, near Staleybridge, Lancashire, 
labourer: in the Gaol of Lancaster. — Robert Stannard, Dor- 
chester, Dorsetshire, railway contractor: in the Gaol of 
Soathampton.— /osig^A Saundtro, Liverpool, batcher : in the 



Gaol of Lancaster.— Itoiiie/ Bailey, EUand-cum-Greeklsad, 
near Halifax, Yorkshire, stone delver : in the Gaol of York.— 
John Blundell, Millgate, Wigan, Lancashire, auctioaeer: in 
the Gaol of Lancaster.— fTtV/uim Hawkeworth Battie, Skef- 
field, Yorkshire, out of business : in the Gaol of York.— /aaiei 
Driver, Thornton, near Bradford, Yorkshire, innkeeper; in 
the Gaol of York.— /oAn Dyson, Ellaod, near Halifax, York. 
shire, innkeeper : in the Gaol of York. — Thomas Bdwards, 
Hastings, Sussex, bootmaker : in the Gaol of Lewes.— Jom^A 
Faweett, Morley, near Leeds, Yorkshire, shopkeeper : in the 
Gaol of York.— IZoder/ Johneon, Pendleton, Salford, Lanca- 
shire, out of employment : in the Gaol of Lancaster. — Bdwerd 
Leech, Chorlton-upon-Medlock, Manchester, retail dealer in 
ale: in the Gaol of Lancaster. — George Norris, Rochdale, 
Lancashire, shopman : in the Gaol of Lancaster.— Freifericib 
Couleton Prosser, Liverpool, lodging-house keeper: in the 
Gaol of Lancaster. — Jamee Sheard, EUand, near Halifax, 
Yorkshire, tea dealer : in the Gaol of York.— TFa/sofi Smith, 
Leeds, Yorkshire, tobacco manufacturer : in the Gaol of York. 
^Mary Stones, Knottingley, near Ferrybridge, Yorkshire, 
licensed retailer of beer: in the Gaol of York.— AtcAsri 
Smethelle, Worsley, near Manchester, licensed Tictualler t in 
the Gaol of Lancaster. — James Vowles, Bristol, msson: in 
the Gaol of Bristol.— S'/^Aen Kitehing West, Hulme, Man- 
Chester, plasterer : in the Gaol of Lancaster. — Thomas Woods, 
Wigan, Lancashire, stonemason : in the Gaol of Lancaster. 
The following Prisoners are ordered to be brought t^ btfort 

the Court, in Portugal-street, to be examinod and deeU 

with according to the Statute*'-' 

Feb. 10 af 11, b^ore the Chief CoMMttsioNim. 

Elisabeth Collett, widow. King's- road-cottage, Ryhnd- 
terraoe, King's-road, Chelsea, Middlesex, out of business.— 
Wm. Porter the elder, Copland-street, Lisson-groTe, Mary- 
lebone, Middlesex, nlasterer. — ^aactt Butcher, St. Mary- 
axe, London, licensed rictualler. 

Feb. II at 10, btfore Mr. Commissioner Law. 

Ebenezer Hartnall, Wormwood -street. Broad-street, Lon- 
don, out of business. — John Buekland, Church -street, Lam- 
beth, Surrey, cigar manufacturer. — W. Coleman, Hemmiog's- 
row, St. Martin's -lane, Middlesex, stockmaker. 

Feb, 12 at II, before Mr, Commissioner Phillips. 

Wm. H. Cook, Gray's-place, Fulham-rd., Middlesex, tailor. 
J%e following Prisoners are ordered to be brought ^ brfere 

a Judge ^ the County Court, to be examined and dealt 

with according to the Statute t-^ 
At the County Court qf S^olk, at Ipswich, F^b. 13 at la. 

John Foyeter, Holton, near Halesworth, dealer in pigs.— 
Robert Verden Spalding, Fressingfield, out of business.* 
Jamee Orman Rivers, Kirton, labourer. 

FRIDAY, January 30. 

BANKRUPTS. 

PHILIP PHILLIPS, Crovrland, Holbnd, Lincolnshire, 
common brewer, Feb. 13 at half-past 12, and March 12 at 
12, Court of Bankruptcy, London : Off. Ass. Stansfeld; 
Sols. Carter, Spalding, Lincolnshire; Gregory & Co., 1> 
Bedford-row, London.— Petition filed Jan. 27. 

JOSIAH BROCKWELL, Old Broad-street, London, mer- 
chant, Feb. 14 at 11, and March 13 at 12, Court of Bank- 
ruptcy, London: Off. Ass. PenneU; Sol. Martin, 17, 
Salisbury-square, Fleet-street.— Petition filed Jan. 20. 

GEORGE HARRISON, Frith-street, Soho-sqaare, Middle- 
sex, ironmonger, dealer and chapman, Feb. 13 at half-past 
11, and March 16 at 12, Court of Bankruptcy, London: 
Off. Ass. Graham ; Sols. Teague, Crown-oonrt, Cheapside; 
Williams, Alfred-plaoe, Bedford- sq.— Petition filed Jan. 27. 

RICHARD HA.YLING the younger, Hereford, grocer and 
tea dealer, Feb. 16 and March 10 at half-pa&t 11, District 
Court of Bankruptcy, Birmingham : Off. Ass. Whitmore ; 
Sols. Messrs. Derereux, Bromyard, Herefordshire $ Smith, 
Birmingham. — Petition dated Jan. 26. 

ROBERT HAWKINS, Farnham, Surrey, grocer, Feb. 10 at 
half- past 12, and March 11 at 1, Court of Bankruptcy, 
London : Off. Ass. Johnson ; Sols. Wright & Bonner, 15, 
London-street, Fenchurch-street.- Petition filed Jan. 22. 

CHARLES WILSON, Covmtrj, Warwickshire, grocer and 
tea dealer, Feb. 9 and March 10 at half-past 11, District 
Court of Bankruptcy, Birmingham: Off. Ass. Whitmore; 
Sols. Motteram & Co., Birmingham.— Petition dated Jan. 22. 



THE JURIST. 



27 



DANIEL MORTON, Waltall, Staffordahiro, chemist and 
df^ggiat, dealer and cbapasao, Feb. 11 and March 10 at 
half past 11, Distriet Coort of Bankmptcy, Birmingham : 
Off. A«. Valpy; Sob. Pilgrim, Hinckley ; Mottcram & Co., 
Birmingham. — Petition dated Jan. 17. 

PHILIP NEWMAN, Winchoomb, Glonoesterahire, tea dealer, 
grocer, dmggist, baicon, cheese, and hop fiurtor, dealer and 
diapman, Feb. 11 and March 10 at 12, District Court of 
Bankmptcy, Briatol: Off. Ass. Hatton; Sol. Wilkes, 
Gbneester.^Petition filed Jan. 24. 

JOHN WILLIAM COWLES BREWER, Gloncester, 
lieeosed rictnaller and auctioneer, Feb. 10 and March 11 at 
II, District Conrt of Bankmptcy, Bristol : Off. Ass. Acra- 
man ; Sols. Abbot & Lucas, Bristol ; LoregroTe, Gloucester. 
— ^F^dtioB filed Jan. 27. 

THOMAS COTTINGHAM, West Barkwith, Lincolnshire, 
wool buyer and com merchant, dealer and chapman, Feb. 
18 and March 10 at 12, District Conrt of Bankruptcy, 
Hull: Off. Asa. Carrick; Sols. Mason & Dale, Lincoln; 
Barr & Nelson, Leeds. — Petition dated Jan. 26. 

GEORGE CHADFIELD, Manchester, plasterer, painter, 
dealer and chapman, Feb. 9 and March 3 at 12, District 
Court of Bankmptcy, Manchester : Off. Ass. Fraser ; Sol. 
Taybr, Manchester.— Petition filed Jan. 28. 

Mbbtinos. 

Joieph Stortft Hartlepool, Durham, draper, Feb. 26 at 1» 
District Court of Bankmptcy, Newcastle-upon-Tyne, last ez* 
— JoAa Soiomon Eliii, Aldgate, London, tailor, Feb. 18 a^ 
half-past 1, Court of Bankmptcy, London, and. ac. — Henry 
Pmk»m and Robert Pinhwn^ Southampton, tailors, Feb. 18 at 
I, Court of Bankmptcy, London, and. ac — B, Leech, Chiches- 
ter, Sunez, apothecary, Feb. 18 at half-past 1, Coort of Bank- 
raptcy, London, aud.ac.— /. M, Wood, Barbican, London, tIo- 
tuafler, Feb. 11 at 1, Court of Bankmptcy, London, aud. ae.-— 
George Small, Folkestone, Kent, tailor, Feb. 18 at 12, Court 
of Bankmptcy, London, aud. ac — Henry Woo{f and haae 
Lyont, Cripplegate-bttildings, London, umbreUa manuAic- 
tuers, Feb. 11 at 12, Court of Bankmptcy, London, aud. ac. 
'^WWum Giibe, Tlkrogmorton-street, London, stockbroker, 
Feb. 11 at 1, Court of Bankmptcy, London, aud. ac— IT. 
Levy, White's-row, Spttalfields, Middlesex, macearoni manu- 
fscturer, Feb. 11 at half-past 11, Court of Bankmptcy, Lon- 
dmi, and. ac— /amet FuUer, City-road, Middlesex, glass 
aeidiant, Feb. 21 at 12, Court of Bankmptcy, London, and. 
■0. and dhr. — A, R. Siaee, Strood, Kent, ironmonger, Feb. 
21 at 11, Coort of Bankmptcy, L(mdon, and. ac and div.— 
Choi. Jamee Sandert, CollinjEwood-street, Blackfriars-road, 
Surrey, prorision merchant, Feb. 13 at 1 , Court of Bankmptcy, 
London, aud. ac. — A. A. Xktviee, New-court, Bow-lane, Lon- 
don, wfaie merchant, Feb. 17 at 11, Court of Bankmptcy, 
London, and. ac— 12. O. Rudell, Deronshire-street, Queen- 
oquaie, BkM»msburys Middlesex, merchant, Feb. 19 at 11, 
Court of Bankmptcy, London, and. tc,—Arehiboid Mount, 
Cread-lme, London, wine merehant, Feb. 10 at 2, Conrt of 
Bankraptey, London, aud. ac. — Henry ShutUeworth, Saffron 
WaUen, Boaex, ironmonger, Feb. 10 at 12, Court ot Bank- 
mptcy, London, aud. ac— Wm, Houemon, Brighton, Sussex, 
money scrirener, Feb. 12 at 11, Conrt of Bankmptcy, London, 
and. ac— T^oauu Ban|^, Pall-mall East, and Willesden, 
Middlesex, wine merchant, Feb. 10 at 1, Conrt of Bankmptcy, 
London, and. ac— CAorlet Bond, Twerton, near Bath, Somer- 
Mtahiie, tanner, Feb. 19 at 11, District Court of Bankmptcy, 
Bristol, aud. ac— D. /. BMer and /. O. Sitter, Thread- 
neofle-street, London, merchants, Feb. 24 at half-past 11, 
Coort of Bankmptcy, London, diy.—il. Bra^ord, Assembly. 
row, MBe-oid.road, Middlesex, licensed Tictoaller, Feb. 23 
at 12, Court of Bankmptcy, London, dir.^VoAii Jae, King 
Boote, Branton's- wharf. Commercial-road, Middieaex, mann- 
Aetaring chemist, Feb. 23 at 1, Court of Bankraptey, Lon- 
don, div.— S^mme/ lAtekfield, Birmingham, dmggut, Feb. 10 
at half-past 10, District Court of Bankmptcy, Birmingham, 
and. ac. ; Feb. 24 at half-past 10, div.— /oikn PAUlipe, Bir- 
aali^ham, dmggist, Feb. 10 at half-past 10, District Court of 
Bankruptcy, Birmingham, aud. ac ; Feb. 24 at half-oast 10, 
diT. — William M, Hiyyine, Birmingham, laceman, Feb. 24 at 
balf.paat 10, District Court of Bankmptcy, Birmingham, diy. 
— TftosMt Wilewum, Earl Shilton, Leicestershire, hosier, Feb. 
t^ at half- past 11, District Court of Bankmptcy, Binning- 
ham, diT. — William Ayret, Cardiff, Glfmornnshire, grocer, 
Feb. 26 at 11, District Court of Bankmptcy, Bristol, div. 



CBnTivioAnis. 

7b be alhwod, mnUee Camee be ekewn to the eonirary on or 
b^fkre the Day qf Meetinff. 

Bmanuel 8. Howard and T^oma* Stone, Norwich, buildeni, 
Feb. 20 at 1, Court of Bankmptcy, London.— rAomatAMn 
Southee, Fleet- street, London, advertiaing agent, Feb. 20 at I, 
Court of Bankruptcy, London. — Lyon Samuel, Bury-stieety 
St. Mary-axe, London, jeweller, Feb. 23 at 2, Court of 
Bankmptcy, London.— JoAn Jamee King Boote, Branton**!- 
wharf. Commercial-road, Middlesex, manufacturing chemlft, 
Feb. 23 at 1, Court of Bankmptcy, London.— ^m/m Robert 
Stace, Strood, Kent, ironmonger, Feb. 21 at 11, Court of 
BanJcmptcy, London.— /omtft Puller, City-road, Finsbuiy, 
Middlesex, glass merchant, Feb. 21 at 12, Court of Bankmptcy, 
London.<— n^m. Maehman, Charlotte-street, Portland-place^ 
Middlesex, carpenter, Feb. 21 at 1, Court of Bankmptcy, 
London. — Thomae Pray, Wigan and Manchester, dieek 
manufacturer, Feb. 23 at 12, District Court of Bankmptcy, 
Manchester.— ff«!^A Ditfon and Lmmeelot Dixon, Ltfotpool, 
merchants, Fbb. 23 at 11, District Court of Bankmptcy^ 
LiverpooL— FTiZ/iomiVei/Afontet, Lirerpool, spirit merchant, 
Feb. 20 (and not Feb. 5, as before advertised) at 11, District 
Court of Bankmptcy, liTorpool.— Ifofat Orme and WilUam 
Henry Lynaee, Liverpool, ale merchants, Feb. 23 at 11, Dig. 
trict Court of Bankraptey, LdTerpooL— 2!Ioiimw P. Diaon, 
Falmouth, Cornwall, printer, Feb. 23 (and not Feb. 19, as 
as before advertised) at 11, District Court of Bankraptey, 
Exeter.— E. Andrewt, Iwema Courtney, otherwiae Shroton, 
Dorsetshire, farmer, March 4 at 1, District Conrt of Bank- 
raptey, Exeter. — Rich. Stafford and Ber^j. Lewie, Wednes- 
bury, Staffordshire, engineers, Feb. 26 at half-past 11, Distriet 
Court of Bankruptcy, Birmingham. — R, Heath, Manchester, 
and JoliM Heath Barber, Burslem, Staffordshire, ironmasters, 
Feb. 24 at 10, District Court of Bankraptey, Birmingham. 
To be granted, unleee an Jjfpeal be duly entered, 

John Drew, Hampton Gay MUls, Oxibrdshire, paper maker. 
— F^xtneie B. Rigby the elder and Franeie E, Rigby tiie 
younger, Birkenhead, Cheshire, plumbers.— ITIIAom T\imer, 
Gravesend, Kent, butcher.— FFm. M. Hill, Chariton-plaoe, 
Islington, Middlesex, builder.- fFiUftam Strange the dder, 
Navarino-grove, Dalston, MiddleasK, bookseller.— fif. Hall, 
Tipton, Staffbrdshire, miller.— fFin. Cb#, Smethwick, Staf- 
fordshire, iron manufacturer. 

Pktition Annvllbd. 

1^. Bornw, Banbury, Oxfordshire, ironmonger. 
Scotch SnauBaTnATioNa. 

John Foyer, Edinburgh, hat manufcctarer. — John Hart, 
Airdrie, diatiUer. 

INSOLVENT DEBTORS 
Who hane filed their Petitione in the Omrt qf Banhruptey, 

and have obtained an Interim Order /or Protection from 

Proceee. 

franeie J. Gibeon, Southam, Warwickshire, auctioneer, 
Feb. 14 at 10, County Conrt of Warwickshire, at Southam.— 
John Throup, Lumb MUl, near Skipton, Yorkshire, butcher, 
Feb. 27 at 10, County Court of Yoricshire, at Skipton.— 
Jamee Walmtley, Bradford, Yorkshbw, boot maker, Feb. 20 
at 11, County Court of Yorkshire, at Bradford.— i/oAn Wm. 
Wigney, Bradford, Yorkshire, operatiTe warehouseman, Feb. 
20 at 11, County Court of Yorkshire, at Bradford.- il(/rMl 
Smith, Bradford, Yorkshire, dyur'a labourer, Feb. 20 at 11, 
County Court of Yorkshire, at Bradford.— 5. WaterhouH, 
CalTcriey, Yorkshire, blacksmith, Feb. 20 at 11, County 
Court of Yorkshire, at Bradford.— Afw. Hunnibell, Ipswidi, 
Suffolk, ooachmaker, Feb. 13 at 10, County Court of Suffolk, 
at Ipswidi.— Joiln Mm^ford, Ipswich, Suffolk, beer-houae 
keeper, Feb. 13 at 10, County Court of Suffolk, at Ipswich— 
David Wright, Ipswich, SuAdk, edg»-tool manufocturer, Feb. 
13 at 10, County Court of Suffolk, at Ipswidi.— J. Prieetley, 
Rashdiffe, Almondbury, Yorkshire, manulactuiiiig chemist, 
Feb. 19 at 10, County Court of Yorkshire, at Huddersfield. 
The following Pereone, who, on their eeveral Petitione fiied in 

the Court, heme obtained Interim Ordere for Protection 

from Proceee, are required to aippBor in Omrt ae herein' 

efter metUioned, at the Cfonrt^houee, in Portugal-etreet, 

Lineoin'e bm, ae foUowo^ to be o mami ned and demit with 

according to the Stainte ^— 

F^, 13 af 11, b^oro the Chxbf CoMMiaaiOKan. 

Wm. Murphey, Anchor-and-Hope-alley, St. Geoim't4n- 
thc Bait, MuMkMicrr, i ' 



as 



THE JURIST. 



A^aumed Fimal Order. 
David O. Th9n^90H, Ozford-st., Middletez, engraTer. 

Feb. 13 ai 10, btfore Mr. CommiuUmer Law. 
Thomaw Shaw, Bood-st., ComwaU-road, Lambeth, Surrey, 
out of basiness. 

Feb, 14 a/ 11, be/ore Mr, CommisHoner Phillips. 
Robert Come, Frith-st., Soho, Middlesex, hatter.— Jote/ril 
Fj, Kaye, Greek -St., Soho, Middlesex, house decorator. 
Feb, 16 ai 10, before Mr, Commiationer Law. 
Robert Tait, Greenwich, Kent, saddler. — David Daviet, 
Upper Seymoor-st., Euston-sq., Middlesex, and George-yard, 
Fencharch-st., London, upholsterer. — Joseph Gifford^ Barbi- 
can, London, wheelwright. 

Feb, 16 «/ 11, btfore Mr. Ommieeioner Phillips. 
Jamet France, Mortimer-street, Cavendish-sq., Middlesex, 
shopman to a hatter. — FT. Polelty, Fnlham-fields, Middlesex, 
jilasterer. 

2ne following Prieonen are ordered to be brought up b^fwe 
the Court, in PortugaUetreety to be examined and dealt 
frith according to the Statute: — 

Feb. 13 at II, btfora the Chibf Commibsionbr. 
George Woods, Market-row, Dalston, Middlesex, baker. 

Feb, 13 at 10, brfore Mr. Commiseioner Law. 
William Wilcox, Norland*road, Notting-hill, Middlesex, 
bricklayer. 

F^b, 14 a/ 11, brfare Mr. ComaeiMoionar Phillips. 
Joeeph C, Bell, Soath-sq., Gray's-inn, Middlesex, solicitor. 
^■^Charlee Gildertleeves, Minories, Middlesex, licensed ric- 
toaller.— A. WiUan, Haymarket, Middlesex, out of bosiiiess. 
Feb. 16 at 10, before Mr. Commieeioner Law. 
William Oabom, Adams-row, Hampstead-road, Middlesex, 
butcher.^VoAfi Caeeg, Cannon-st., London, out of business. 
— Nicolo Marino Pignalorre, Grove- terrace, Kentish- town, 
Middlesex, gentleman. 

7%e following Prieanere are ordered to be brought up btfore 

a Judge of the Countg Court, to be examined mad dealt 

with according to the Statute :^^ 

At the County Court of Laneaehire, at Lancaster, 
F^b. 13 ai 11. 

Elisabeth Seholee, Longsight, near Manchester, beer-house 
keeper.— Daot(f L, Lewie, North Liverpool, wine merchant. — 
John D. Varleg, Manchester, accountant.— JScfwar^ Leech, 
Chorlton-ttpon-Medlock, Mandiester, retail dealer in ale. — 
George Jackson, Deansgate, ManchMter, retail dealer in ale. 
.— JbAis Waleh, Liverpool, out of business.— FFm. Hodgson, 
Lancaster, butcher. — Wm, Holt, Clegg Hall, near Rochdale* 
out of business.— JSicAard Smeihells, Worsley, near Man- 
cheater, out of business. — Stephen K. West, Hulme, Man- 
chester, plasterer.— /o«^A Saunders, Liverpool, butcher.— 
Howard Garside, Brinnington, near Stockport, machinist. — 
John Blundell, Wigan, auctioneer.— 7*AomM Woods, Wigan, 
stonemason. — P^ed, C. Prosser, Liverpool, out of business. — 
Thomas Dandy, Hulme, Manchester, out of business. — Joseph 
Mqfat, Manchester, patten maker.-^OM/iA Edwards fUv^e, 
Manchester, plumber.— /ame« Horroeks, Wigan, baker. 

At the County Court of Durham, at Durham, Feb, 13. 

John Murray 9 Sunderlimd near the Sea, ship chandler.—/). 
Jos, Duncan Bennett, Sunderland, hat manufacturer. — /. N, 
Sheraton, SunderUnd, grocer. — Thotnae Liddle, Iiow-lane, 
joiner. — Thos, Charlton, Monkwearmouth Shore, dealer in 
potatoes. — Nicholas Smirk the elder, Bishopwearmouth, pipe 
manufacturer. — Nicholas Smirk the younger, Sunderland, 
sail maker.— Wm. Liddle, Hartlepool, joiner. 

Ai the County Court qf Ghueeeterehire, ai Bristol, 
Fe^. 18 am. 

George Bailey, Bristol, mason. 
Ai the County Court of Sussex, at Lbwbs, Feb. 24. 

Thomas Edwards, Hastings, bootmaker. 

Insolvrnt Dbbtor's Dividbnd. 

Thomae Rayner, West Burton, near Leybum, Yorkshire, 
collier, Hammond's, West Burton, near Leybum : 2s. in the 
pound. 

Mbbtinos. 

Matthew Fisher, Market Rasen, Lincolnshire, carpenter, 
Feb. 16 at 4, Saffery's, Market Rasen, sp. aff. — Frederick 
Thame Haswell, Chancery-lane, London, and West Teign- 
mouth, Devonshire, gentleman, Feb. 18 at 12, Nichols & 
Clark's, Cook's-oourt, Lincolo's^imi, Middlesex, sp. aff. 



T AW PARTNERSHIP.— A young SOLICITOR, of sound 



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-■-' in an olBce of extensive practice in the West of England,' wi»h« 
to obtain a SITUATION in an OAice with a good CONVEYANCING 
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THE LAW REVIEW FOR~ FEBRUARY. Price^lT. 
1. The Code Civil and iU Authors. 
2. Kational Intervention. 
9. University Commission. 

4. Reformatory Schools. 

5. Union of Law and Equity in County Courta. 

6. Parlianaataiy Oaths. 

7. Law Amendment and the Judges of the Superior Oourts. 

8. The Bar, the Attorney, and the Client: Report. 

9. France: Letter of M. Dupio. 

10. The Law Amendment Society: iu Progreat and Prospects. 

11. The New Pilgrim's Progress. 

12. Compulsory Enfranchisement of Copyhold. 
IS. The Judge Master Question. 

Postscript— Registration . 
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and Registration. With Copyhold Forms and Precedents, and a copioos 
Index. By J. J. 8. WHARTON, M.A., Oxon, of the Middle Teoiplt. 
Esq., Barrister at Law. 

London: Spcitigue ft Farrance, Law Booksellers and Publishers, 
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SOLVENCY. By DAVID C. MACRAE, Esq., Barrister at L*T. 
Conpleto in 1 vol., price 2U. cloth, 33«. half-bound; also part 2, 
price 8s. M. It contains all the Casca, Forms, and Statatcs. 

Part 7 of COX, MACRAE, & HERTSLETT'S COUNTY 
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N.B. This fs the authorised Report of the County Courts. Price 
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of Sl Ocorge. Bloomsbury, in the County of Mlddleaex.'-Satttxdir, 
January 31, 1B52. 




"No. 787— Vol. XVL FEBRUARY 7, 1852. Price U., mthSupplememt,29. 
NAMES OF THE CASES REPORTED IN THIS NUMBER. 



COUKT OF C^NCBRY. 

Neite 9. Puik^£jr parte Fletcher and Yates.— (Iicadi- 

lUy 9f Tnut Property-^Right to begin) 69 

CoupT OF AppBAii IN Chancery. 

Sutton Harbcmr laoproYement Company v. Hitchins. — 
{Right to Cbmpen§aiioH under the Lemde Ciou$e§ 
Comotidaii9mAet,l8ii) 70 

YlCf-CHANCBLLOB KlftOBT BrUCE's CoURT. 

B* parte Metherell, ts re Tbe South Devon Railway 
Company. — (RaUway Cojmptmg — Investment if 

Moneg paid into Court in Land) 72 

Sneed r. Soeed. ^{dainu-^Statute qf Limitationa) . . 72 

Yics-Chahcellob Turnbr's Court. 
Harrison v. RandaU.-*(7V««/#« and Cettui que Trtut) . 72 

Vic35-Chancbllor Kindbrslby's Court. 
Wood V. Bat6iiSB.''(Ii^fwction^Action-^8trettm) . . 75 

Vicb-Chakcbllor Parkbr's Court. 
Re Tbe Trustee Relief Act, 10 & 11 Vict. c. 96— He The 
Trusts of tbe Execatorship of William Yates, de- 
ceased. — ( Will — Comtruetion of Executory Bequett 
in Case of a Legatee dying before ** being entitled in 

Poseeteion*') 78 

Court of Qubbn's Bench. 
Hope r. Beadon — {Notice to produee^Seeond Trial), . 80 



Court of 'Qubbn's Bbnch — f O^nftfiUM^J. 

Young V. The Master, Fellows, and Scholars of Clare 
Halt— ( Tithe Commutation Act-— Payment of Tithee 
and Glebe) 81 

RofTey v, Henderson. — (Outgoing and Incoming Tenant 
— Ueenee by Landlord to remove Fixtvree after 
Execution ^ Tenancy --Trcfoer) 84 

Batl Court. 
Reg. V. St. Michael's, Pembroke.— (Or<ferq/*/leiRora/ — 
Abandonment— W ^ 12 Vict, c. 31, t. 8) 87 

Court of Common Pleas. 
Cotterell r. Jones and Another. — {Pleading — Sufficiency 
qf Declaration — Action for maliciously suing the 
Plaintiff in the Name of a third Party) 88 

Court of Exchbqubr. 
Hill V, Philp.— (14 ^ 15 Vict, c. 99, s, 6— Inspection of 

Documents—Costs— Lunacy— 8 4- 9 Vict. c. 100) . 90 
Prbrooatitb Court. 
Spitty V, Bayly and Shuttleworth. — {Executors rf Mar" 

ried Woman refusing to propound) 92' 

In the Goods of C. Spitty.— (Jfamed Woman—Sepsi' 

rateSstate) 9^ 

Parlby v, Parlby.— (14 8f 15 Vict.e. 99— CVow-esrami- 

iion qf Party in the Cause) 92 



LONDON, FEBRUARY 7, 1852. 

Thb jmiior Bar in the oourte of eqvUy enjoy what 
is faoetioiuJ/ termed the *'priyilege*' of movingy on the 
last day of tenn, before the Queen's counsel. If this 
right were construed broadly, it would be really a pri- 
vilege haring a practical conyenience and advantage ; 
Imt coDstmed as it is, by limiting it to the making of 
fiHoppomd motions, it b about as barren and fruitless a 
prirflege as any body of men oonld well enjoy. For 
there never was, and is not now, any difficulty about 
xnaklDg unopposed motions, there being three periods of 
the day at which tbe Court will always placably take 
finch xnoUoms, viz. for ten minutes or a quarter of an 
hoar at the sitting; for about five minutes when the 
Court, after the usual short mid-day rest, returns to its 
public avocations ; and about the same at the rising of 
the Court; on the whole, without any reference to 
precedence at all, a period of about twenty or twenty- 
fire minntes, which is usually sufficient for all the 
unoppoosd motions of all the outer Bar together: so 
that to have the right to precede the Queen's counsel 
on the last day of term, is simply having the right to 
make motions atone psfft of one particular day, instead 
of another part of the same day ; and as there is, taking 
the averpge of men's engagements, no greater conve- 
ni^nee in moving at one time than at another on the 
game day, the privilege is, practically, nothing at all. 

Some years ago, we believe, a struggle was made by 
the outer Bar to have it determined that the true rule 
of practioe is, that on the last day of term the outer 
Vol. XVL D 



Bar takes precedence in all motions; but the attempt 
failed. This, however, we believe, was the original 
rule, and ought to be the practice. There are, at any 
rate, many good reasons why, at thia di^, it should 
become the practice, if it never was so. 

One reason, of itself sufficient in an age when the 
rights and convenience of the suitor are looked upon 
— properly looked upon — as the great object to be kept 
in view, is this — viz. that by not giving to the outer Bar 
any day in which they may take precedence in opposed 
as well as unopposed motions, suitors are compelled, in 
small matters not requiring the learning and experience 
of leading counsel, either to incur the expense of 
engaging leading counsel, or to run the risk of not being 
heard from seal to seal, and sometimes from term to 
term. For, as every man in practice knows, it is the 
commonest of common things for a seal-day to be com* 
pletely exhausted before the motions within the Bar 
have been all made ; and then on the next seal just the 
same thing may, and often does, happen again ; so that 
an opposed motion in the hands of a junior may be 
impossible for weeks together. 

Now if, as in the old time, there were nothing, or 
scarcely anything, between unopposed motions and 
those heavy motions which, in and before, and even 
after, the time of Lord Eldon, were, in effect, the hear- 
ing of causes, there might, perhaps, be little for the 
suitor to complain of; becausedifficult and heavy 
motions require, of their natuiViU^I|^t|pfe, the ser- 
vices of leading counsel. B^^lltVl^ itiff &m is an 
immense quantity of busiiip^ CQatfathig of moti^ms of 



30 



THE JURIST. 



au intennediate ebaracier — thlnifs more like short caases 
than anything eke, requiring but a short statement of 
facts and a little argfament, aot re^^uinng mive skill or 
practical knowledge than experienced jimiora possess — 
requiring dispatch above all things; and not — having 
reference to the suitor's pocket— calculated to bear the 
expense of a double array of counsel. Neyerth^less, in 
practice, such motions must be intrusted to a senior 
and junior, if they are to be heard quickly, or they 
must run the risk of indefinite postponement if the 
suitor cannot or will not retain two counsel. We say 
advisedly, that, in practice, such motions must be in- 
trusted to two counsel ; because, although the suitor 
may, if he choose—and no etiquette prevents it — en- 
gage the services of a leading counsel without a junior, 
yet it is very unusual to do so ; and for this reason, that, 
in preparing the papers necessary for a motion, much 
assistance is derived by the suitor from the access which 
^ his solicitor has to his junior counsel, if he is going to 
instruct such counsel to appear in court — assistance 
which he cannot expect from Queen's counsel, by rea- 
son not only of the conventional difiference of his posi- 
tion, but the substantial difference of his occupations, 
and which he does not, of course, like to ask, even if 
he could with propriety do so, from counsel not in- 
tended to be engaged in the case. The result is, that 
continually either the time or the money of the suitor 
is sacrificed. 

It is said, in answer to any suggestion that on any 
day precedence should be given to the outer Bar, that 
leading counsel hold their right of precedence from the 
Crown, and that the Court has no authority to super- 
sede that right in any way or to any degree. But the 
principle is conceded, when it is conceded that the 
outer Bar may take precedence on a given day for 
unopposed motions. At any rate, even if the Court has 
no such authority, it has, at least, authority to regulate 
the course of its own business, and to have a paper of 
motions as well as a paper of petitions or causes. If 
that were done, much of the time, both of the junior 
Bar and of the solicitors of the court, and a very heavy 
expense to the suitors, would be saved. 



UPON THE EXEMPTION FROM DISCLOSURE 
OF MATTERS COMMUNICATED IN PROFES- 
SIONAL CONFIDENCE. 



The rule which exempts communications between a 
solicitor and client from disclosure, at the suit of an 
adverse party, may be considered under several heads : 
first, as to its principle and policy; secondly, as to its 
subject-matter and extent ; and, thirdly, as to the cir- 
cumstances imder which it is applicable, and the 
manner in which it must be claimed in order to obtain 
the benefit of it. 

The principle of the rule which exempts communi- 
cations, made in professional confidence, between a per- 
son and his legal adviser, from disclosure, is, that such 
communications are essential to the security of men's 
rights, as well in courts of justice as in ordinary transac- 
tions of life which never become the subject of judicial 
investigation ; and in order that thev may be iree and 
unrestricted, public policy requires that they should be 
privileged^ and not allowed to be disclosed at any time. 
{BoUon V. l%e CarporaHon qf Liverpool^ 1 My. & K. 
88; Holmes v. Baddd^, 1 Ph.481; Ofyn v. QHO/kld, 
2 



15 Jur., part 1, p. 807 : JSkuaeH v, Jacison, Id. 1117). 
The rule is establishea, sot upon any particular im- 
portance which the law attributes to tne business of 
legal professors, or any particular disposition to afford 
them protectioD, but out of regard to the interests of 
justice, which cannot be upholden, and to the adminis- 
tration of justicei, which cannot go on, without the aid 
of men skilled in jurisprudence and in the practice of 
the courts, and in those matters affecting rights anl 
obligations which form the subject of judicial proceed- 
ings. If the privilege did not exist at all, every one 
would be thrown upon his own legal resources. Deprived 
of all professional assistance, a man would not venture 
to consult any skilful person, or would only dare to tell 
his counsellor half his case ; (Greauntgh v. Otukdl, 1 
My. & K. 101, per Lord Brougham); or, as one learned 
judge (Sir James Wigram, in Lord Walnngham v. 
Goodriciey 3 Hare, 127) remarked, ** Without the privi- 
lege no one could be sale : a party must otherwise be 
his own lawyer." And again, in another case, ( Woodt 
V. Woods. 4 Hare, 88), ^* So long as the state of the law 
shall make it impossible for parties to be their own 
lawj)rers, and to act without professional advice, it is 
indispensably necessary that tne privilege conceded to 

{>rofe8sional communications should be maintained, at 
east, to the extent to which it is now established." 

The principle of the rule has, however, been quee- 
tioned, and its policy doubted, by a late distinguished 
judge, (Lord Langdale), who, aft^r giving the subject 
much consideration, said (Flight v. Robinson^ 8 Bear. 
36) he had found great aifficulty in discovering any 
well-grounded principle upon which the exceptions to 
the general rule of discovery could be said to rest, and 
that he was unable to deduce from the decided cases on 
the subject a jprinciple which he could consider as a 
satisfactorv guide to their application to other cases 
which did not fall within tne direct scope ai their 
authority. On the other hand, the great majority of the 
judges have differed from the views of Lora Langdale; 
and in a recent case {Pearse v. Pearse, 1 De G. & S. 
12) the policy as well as the principle of the rule has 
been pomted out by Knight Bruce, V. C. The aiga- 
ments for and against the rule of exemption cannot be 
better presented to the condderation of the reader than 
in the language of these two learned judges and of Loid 
Brougham. 

^According to the general rule which has alwa^ 
prevailed in this court,^ areued Lord Langdale in 
Fliffhi V. BMnson^ ^ srreej defendant is bound to dis- 
cover all the facta within hb knowledge, and to pro- 
duce all documents in his possession which are material 
to the case of the plaintiff. However disagreeable it 
may be to make the disclosure, however contrary to 
his personal interests, however fatal to the daun upon 
which he may have insisted, he is required and com- 
pelled, under the moat solemn sanction, to aet forth all 
he knows, believes, or thinks in relation to the matteis 
in question. The plaintiff being subject to the like 
obligation on the requisition of the defendant in a 
cross bill, the greatest security which the nature of the 
case is supposed to admit of is afforded for the discovery 
of all relevant truth, and, by means of such diaooveryi 
this Court, notwithstanding its imperfect mode of exa- 
mining witnesses^ has at all times proved to be of 
transcendant utihty in the administration of justice. 
It need not be observed what risks must attend all 
attempts to administer justice in cases where releyant 
truth IS concealed, and how important it must be to 
diminish those risks; and that if there be any cases in 
which, for predominant reasons^ parties ought to be 
permitted or to be held privileged to conceal relevant 
truth, those cases ougnt to be strictly defined and 
strictly limited by authority. In this case I have, on 
the one hand, been reminded of the vast importance of 
maintaining the plahitiff's right to thediscorery of all 



THE JURIST. 



31 



the leleTUit fiicts within the knowledge of the defend- 
ant, and of all the docaments by which those facts may 
be manifested ; and I am nrged not to extend the ex- 
ceptions to the exercise of that right further than I am 
compelled to do by anthorit;^. On the other hand, I 
am reminded of the authorities which have declared 
that the defendant is not to be compelled to disclose 
communications made in professional confidence — thai 

infrmgts upon and mdueet €xeepHcn» to the plaintiff^s 
nght to diKXJfMsry; and then I am urged to give to those 
exoej>tions the full extent which is warranted bv the 
principle on which they are founded^ This 9iigni be 
practicable if the prineiple <m tMeh the exceptions are 
fomuted were in itself dear. The aiguments which 
DAYe been used in some late cases seem, as was observed 
hj the counsel for the plaintifF, to have assumed that 
the concealment of the truth was, under the plausible 
names of protection or priyilege, an object which it 
was |98rticalarly desbable to secure, forgetting, as it 
would seem, that the principle upon which this Court 
has always acted is to promote and compel the dis- 
doeare of the whole truth relevant to the matters in 
question, and that every exception requires a distinct 
and snfficient justification. It is singular that it should 
become necessary to observe, that cases of discovery 
fiom defendants in courts of equity, which are the 
only cases now under consideration, relate to the adffiis- 
SMn of the parties, and not to the testimony of wit- 
neiwes; that they are not cases in which parties in all 
oonrta are held entitled to innst (as their own privi- 
lege) that their legal advisers shall not be permitted 
to wclose confidential communications, nor cases in 
which parties are sued for penalties, prosecuted for 
crimes^ or exposed to personal or political oppression. 
Ahove all, they are not cases in which presumptions in 
fiavonr of the defendant are to be carried so far as to 
exempt him from the obligation to answer on his oath 



till a title to relief has been proved against him. In 
thb court, the only case to be made out against the 
defendant may rest within his own knowledge. The 
plidntiflF may know, or be able to prove, nothing which 
justifies more than mere suspicion; and yet the defend- 
ant must, on his oath, disclose the truth. The cases 
are often such, that they are only to be ascertained by 
a discovery, to be obtained from the defendsnt sdone, 
and in which it is plun that the concealment is agunst 
conscience and good faith. I own that it is difficult for 
me to comprehend how it is possible to apply to sndx 
cases the rules which are applied to cases totally dif- 
ferent. An innocent man, nUsely accused of firau^ will 
scarcely be derirous of concealing the facts, which he 
may have stated to hb legal adviser for the purpose of 
obtaining legal protection, to which he is justly enti- 
tled. A man engaged in a scheme of fraud will l>e very 
unwilling to disclose the statement of ftots, which he 
mav have made to his legal adviser, for die purpose 
of better enablinff him to conceal, or to secure and 
enjov the fruits of, his fraud. And it is a question I 
would willingly submit to the consideiation of those 
who have to decide upon cases of this kind, whether the 
interests of society and of justice, or the honour and 
utility of the legal profession, which are so closely 
bound up with those interesta, are more or less likely 
to be promoted by the author of the fraud being com- 
peUed to disclose or permitted to conceal the &ct of his 
own admissions contained in such a statement of fiicts." 
{To be eontinMei). 

Her Majesty has been pleased to appomt Charles 
Henry Stewart, Esq., to be Deputy Queen's Advocate 
for the island of Ceylon. 

Master in Chancery. — ^The Lord Chancellor has 
appointed Robert Alexander Smith, of Richmond, 
Surrey, Gent^ to be a Master Extraordinary in the 
High Court of Chancery. 



CIRCUITS 
(7!^ Lord Chirf Baron 



OF THE JUDGES. 
Pollock will remain in Town), 



SPRING 

CIRCUITS, 

1852. 



Ld.Campbell 
J. Patteson 



NORPOLK. 



L.C. J.Jerrit B. Parke 
J. Manle J. Coleridge 



Midland, i Homb. 



NORTHBRN. 



B. Aldenon 
J. Cresfwell 



J. Wightman 
B. Piatt 



OxroRD. 



Wbstbrn. 



J. Jfino 
J. Talfourd 



N.Walbb. 



J. Williams 



S. Walks. 



B. Martin 



Moiidb7»JW.16 
DKOTaday... 19 
Stttaiday ... 21 



Tne&daj.,. 

Wedneiday 
Saturday... 
Monday, Mar, 
Taeedaj .... 
n&arsdiij . . . 
SaUiiilay ... 
Monday .... 
Tacaday.... 
Wednesday, 






IViesday . . . . 
WedneMlay., 
Mday...:. 
Satofday ... 
Monday . . . . 
Wednoday. 
Thursday ... 
Saturday .., 
Tneaday.... 



24 

25 
28 

1 

2 

41 

6 

81 

9 

10 < 
11 
12 
13 
15 Norwich 



Oakham and 
Northampt. 



Aylesbury 

B^OTd" 

HontingdoD 
Cambridge 



[City 



Nottingham 
[ft Town 



I 

[ertford 

Chelmsford 
Maidstone' 



Derby 



andLeioest. &B. 



16 
17 
19 
20 
22 
24 
25 
27 

sol 



[City 



Bnry St Ed. 



Coventry 
Warwick 



Lancaster 

Appleby 

Carlisle 



Newcastle 
Durham 



Reading 
Oxford 



Windiester 



York 



Worcester & 

[City Salisbory 



liewes 



Kingston 



Liyerpool 



Stafford 



Shrewsbury 

Hereford 

Monmonth 



Dorchester 



Ezeter&City 



Bodmin 



Gloucester St 

[CityiTaunton 



Welchpool 

Baia' 

Camarron 

Beanmarii 
Ruthin ' 

Mold 

Chester 



Swansea 



HaTerford- 

[west&Tn. 



Cardigan 

Carmarthen 

Brecon 



)Prestdgn 
Chester 



82 



THE JURIST. 



* Appeals. 



(Petition-day). — Appeal Petitions. 

Appeals. 

Second Seal. — Appeal Motions. 



-Appeal Petitions. 



Coutt ^0apers. 



EQUITY SITTINGS, AFTER HILARY TERM, 
1852. 

Court o( (EPhanccL'S. 

Brfore the Lord Chancellor, at Lincoln*t Inn, 

Mondaj .... Feb, 9 First Seal.— Appeal Motions. 

Tuesday 10] 

Wednesday 11 V Appeals. 

Thursday 12 J 

Friday 13 (Petition.day).— Appeal Petitions. 

Saturday W] 

Monday 16 

Tuesday 17 

Wednesday 18 

Thursday 19^ 

Friday 20 

Saturday 21 

Monday 23 

Tuesday ^ ^ 

Wednesday .... 

Thursday 

Friday 27 " (Petition-day). - 

Saturday 28") 

Monday . . March 1 

Tuesday 2 

Wednesday 3 

Thursday 4 J 

Friday 5 (Petition-day). —Appeal Petitions. 

Saturday G Appeals. 

Monday 8 Third Seal. — ^Appeal Motions. 

Tuesday 91 

Wednesday .... 10 V Appeals. 

Thursday 11 J 

Friday 12 (Petition-day). — ^Appeal Petitions. 

Saturday 131 

Monday 15 J 

Tuesday 16 V Appeals. 

Wednesday 17 

Thursday 18J 

Friday 19 (Petition- day). 

Saturday 20] 

Monday 22 v Appeals^ 

Tuesday 23 J 

W^ednesday 24 Fourth Seal. — ^Appeal Motions. 

Thursday 25 Petitions. 

Notice. — Such days as his Lordship attends Appeals in the 
House of Lords excepted. 

N. B. — ^The sittings will close on the 2nd April. 



Appeals. 



Appeals. 



-Appeal Petitions. 



Brfore the Lords Justices, at Lincoln* a Inn. 
Monday .... Feh^ 9 The Reply in Reynell ▼. Sprye. 

Tuesday 10 Appeal Motions and Appeals. 

Wednesday .... Ill Lunatic and Bankrupt Petitions (un- 

Thursday 12 J opposed first) and Appeals. 

Fiidsy 13 App^ Petitions and Appeab. 

Saturday 141 

Monday 16 > Appeals. 

Tuesday 17 J 

Wednesday 181 Lunatic and Bankrupt Petitions (un- 

Thursday 19 J opposed first) and Appeals. 

I*"!^- ^ * Appeal Petitions and Appeals. 

., , AQ f Second Seal.— Appeal Motions and 

Monday 23 j Appeals. 

Tuesday 24 Appeals. 

Wednesday 25 1 Lunatic and Bankrupt Petitions (un- 

Thursday 26 J opposed first) and Appeals. 

Friday 27 Appeal Petitions and Appeals. 

Saturday 28] 

Monday .. March 1 ^Appeals. 

Tuesday 2 I 

Wednesday 3 1 Lunatic and Bankrupt Petitions (un- 

Thursday 4 / opposed first) and Appeab. 

1^^' • • • ^1 Appeal Petitions and AppeaU. 

4 



^Appeal Petitions, Lunatic and Bank- 
rupt Petitions, and Appeals. 



Monday S\ Third Seal. — Appeal Motions and Ap. 

Tuesday 9 J peals. 

Wednesday 10 1 Lunatic and Bankrupt Petitions (on. 

Thursday 1 1 J opposed first) and Appeals. 

Friday 12 Appoil Petitions and Appeals. 

Saturday 13] 

Monday 15 > Appeals. 

Tuesday 16 J 

Wednesday 17 I Lunatic and Bankrupt Petitions (un- 

Thursday 18 J opposed first) and Appeals. 

Friday 19 Appeal Petitions and Appeals. 

Saturday 20 ] 

Monday 22 > Appeals. 

Tuesday 23 J 

Wednesday 24 { ^^'^'^^^-^PP*^ ^*^" ^ 

Thursday 25*] 

Friday 26 

Saturday 27 

Monday 29 

Tuesday 30 

Wednesday 31 

Thursday . . April I 
Friday 2^ 

N.B — ^Their Lordships' sittings will not continue beyond 
the 2Dd day of April. 

Before Vice- Chancellor Sir G. J. Torn BR, at Lincoln's Inn, 
Monday .... Feb. 9 First SeaL — Motions and Claims. 

Tuesday 10 1 pj^^^ Demurrers, Exceptions, Causes, 

TTimda 12 J Claims, and Further Directions. 

„ . , I , / Unopposed Petitions, Short Causes, 

*'"^y "t Short Claims, and CUims. 

Saturday 14^ 

jJJ^^y }6 . pj^g^ Demurrers, Exceptions, Causes. 

WtSn2da' 18 ^***"»' "*^ Further Directions. 

Thursday 19J 

•p . , AA / Unopposed Petitions. Short Causes, 

*^"***y '^*' 1 Short Claims, and CUims. 

o . ;. 01/ PI^'c^' Demurrers, Exceptions, Causes, 

Saturday £1'^ CUims, and Further Directions. 

Monday 23 Second Seal. — Motions and Claims. 

^®?***y: ^i\ Pleas, Demurrers, Exceptions, Causes, 

Siursdly ..\*."!; 26 J Claims, and Fur&cr Directions. 

Friday 27 General Petitions. 

Saturday 28^ 

Monday . . . March 1 | pj^^^ Demurrers, Exceptions, Causes, 
W^nSa;::::: l\ claims, and Further Directions. 

Thursday 4 J 

„ . , . / Unopposed Petitions, Short Causes, 

^"*^y ••• ^\ Short Claims, and Claims. 

-. . , - / Pleas, Demurrers, Exceptions, Causes, 

^^^^r 6 1 ^^ p^rthcr Directions. 

Monday 8 Third Seal. — Motions and Claims. 

Tuesday 9' 

Wednesday 10 

Thursday 11 J 

'Unopposed Petitions, Short Causes, 
Short Claims, and Claims. 

Saturday 13^ 

Monday. 15 

Tuesday 16 

Wednesday..... 17 

Thursday 18^ 

Friday 19- 

Saturday 20' 

Monday 22 

Tuesday 23 

Wednesday 24 

Thursday 25 

Friday 26 



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



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

Unopposed Petitions, Short Causes, 
Short Claims, and Claims. 

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

Fourth Seal.— Motions and Claims. 

General Petitions. 

Short Causes, Short Claims, & Claims. 



N.B.— The sittings will dose on the 2nd April. 



THE JURIST. 



33 



Brfmn Vtee^CkanetHor Sir Richard KiNDSRSLETt ai 
JJmeoln's Jtm, 



Saturday .. 

Mondtj... 
Toesdaj... 
Wednoday 
Tlianday . 

Friday.... 

Saturday .. 
Monday 



14 



IC" 
17 

18 

20' 

21 
23 



First Seal.~Motions. 
Adjourned Petitions. 



Monday .... Feb.9 

T^iesday 10 

Wednesday .... 11 

Thursday 12^ 

«., i» r(Petition-day).~Petitions (nnoppoied 

"^y "l first). 

Short Causes, Short Claims, and Ad- 
journed Petitions. 



Pleas, Demnrrers, Exceptions, Causes, 
and Farther Directions. 

(Petition-day). — Petitions (unopposed 

first). 
Short Causes, Short Claims, & Claims. 
Second Seal. — Motions. 



SS^SlJ ?fl Pleas, Demurrers. Exceptions, Causes, 

S^SJ?.;:::: 26 J ^d Further Direction.. 



«^, „./ (Petition-day). —Petitions (unopposed 

^"^*^ 2'V first). 

Saturday 28 Short Causes, Short Claims, & Claims. 

Monday... March l"] 

2 i Pleas, Demurrers, Exceptions, Causes, 

3 f and Further Directions. 
4j 



Tkieaday . . . 
Wednesday 
Thursday 



Fnd«v g r (Pfctition-day). — Petitions (unopposed 

" 6 '" ' ~ — ' * 

8 

1?} 



Short Causes, Short Claims, St Claims. 
Third Seal.--Motions. 



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



Saturday 
Monday... 
Tuesday... 
Wednesday 
Tliunday . 

J... ...... -^ first). 

Saturday 13 Short Causes, Short Chums, & Claims. 

Monday. . . 
Tuesday... 
Wednesday 
Thunsday 



15^ 
16 I I 



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

1,^^. «f^r (Petition-day).— Petitions (unopposed 

"^y ^•'t first), 

20 Short Causes, Short Claims, ft Claims. 

22 r Pleas, Demurrers, Exceptions, Causes, 

23 \ and Farther Directions. 

24 Fourth Seal.— Motions. 

25 Petitions (unopposed first). 

26 Remaining Petitions and Motions. 

27 Short Causes, Short Claims, & Claims. 
JVb/ice.— Unopposed Petitions (not exceeding ten) every day 

(except Seal Days). 

N. B.— The sittings trill close on the 2nd April. 

B^ore Viee-Ckaneelior Sir 3 auks Parkeu, at Lincoln* t Inn, 



Saturday 

Monday., . 

Tuesday... 

Wednesday 

Thursday . 

Friday.... 

Satuiday 



Monday . . . 
TVieaday 

Wednesday. 

Thursday . . . 

Friday 

Saturday ... 
Monday.. .. 
Tuesday.... 

Wednesday. 

Thursday .. 

Friday 

Satordsy . .. 
Monday.... 

Tuesday 



Feb.O 
... 10 

... 11 



12 
13 
14 
IC 
17 

18 

19 
20 
21 
23 

24 

Wednesday 25 

Tbnrsday 26 

Friday 27 

Saturday 28 

Monday .. . March 1 
Tuesday 2 



First Seal.— Motions. 

Exceptions to Pleadings and Insuffic. 

}r Short Causes, Short Claims, Claims, 
\ and Causes, 
neas. Demurrers, Exceptions, Causes, 
and Farther Directions. 
Caase Petitions (unopposed first). 
1 Pleas, Demurrers, Exceptions, Causes, 
J and Farther Directions. 

}r Short -Causes, Short Claims, Claims, 
\ and Causes. 
Pleas, Demurrers, Exceptions, Causes, 
and Further Directions. 
Caote Petitions (unopposed first). 
Second Seal. — Motions. 
/ Pleas, Demurrers, Exceptions, Causes, 
\ and Further Directions. 
( Short Causes, Short Claims, Claims, 
\ and Causes. 

f Pleas, Demurrers, Exceptions, Causes, 
J and Further Directions. 
Cause Petitions (unopposed first). 

} Pleas, Demurrers, Exceptions, Cansei, 
and Farther Directions. 



Wednesday ^f Short Causes, Short Claims, Claims, 

J "* " 1^ hikJ Causes. 

Thursday 4 T Pleas, Demurrers, Exceptions, Causes, 

Friday 5 J and Further Directions. 

Saturday 6 Cause Petitions (unopposed first). 

Monday 8 Third Seal.— Motions. 

T..^^.. Q / Pte««» Demurrers, Exceptions, Causes, 

^"^^^^y ^1 and Further Directions. 

Wednesday loj^^^^ g^' ^''^^ C^"'' Claims, 

Thursday 11 T Pleas, Demurrers, Exceptions, Causes, 

Friday 12 j and Further Directions. 

Saturday 13 Cause Petitions (unopposed first). 

Monday 151 Pleas, Demurrers, Exceptions, Causes, 

TuMday 16 j and Farther Directions. 

xiy^ j„^ •-/Short Causes, Short CUims, Claims, 

Wednesday 17-^^ and Causes. 

Thursday 18 T Pleas, Demurrers, Exceptions, Causes, 

Friday 19 j and Further Directions. 

Saturday 20 Cause Petitions (unopposed first). 

Monday 22 1 Pleas, Demurrers, Exceptions, Causes, 

Tuesday 23 J and Further Directions. 

Wednesday 24 Fourth Seal.— Motions. 

Thnra^v o^^ / S^**"^ Csuscs, Short Claims, Claims, 

inursoay ^o-i ,n^[ Ca^jies. 

Friday 26{"S'i?SSSrSlSf"'''^' 

Saturday 27 Cause Petitions (unopposed first). 

Monday 29 1 Pleas, Demurrers, Exceptions, Causes, 

Tuesday 30 J and Further Directiona. 

WednecdaT 31 / ^^^ Causcs, Short CUims, Claims, 

«««»«»»7 ^* "i^ and Causes. 

Thursday . . April 1 T Pleas, Demurrers, Exceptions, Causes, 

Friday 2 J and Further Directions. 

N. B.— The sittings will dose on the 2nd April. 



Soils Cotttl. 

Brfort the Right Hon, the Mastbr ov thb Rolls, at 
theRolh. 

Monday .... Feb. 9 Motions. 

Tuesday 10' 

Wednesday 11 

Thursday 12 

Friday 13 

Saturday 14 

Monday 16 

Tuesday 17 

Wedneaday 18 

Thursday 19 

Friday 20 

Saturday 21^ 

Monday 23 

Tuesday 24' 

Wednesday 25 

Thursday 26 

Friday 27 

Saturday... 28 

Monday . . . March I 

Tuesday 2 

Wednesday 3 

Thursday 4 

Friday 5 

Saturday 6 •< 

Monday 8 

Tuesday 9 

Wednesday 10 

Thursday 11 

Friday 12 

Saturday 13 

Monday 15 

Tuesday 16 

Wednesday 17 

Thursday 18 

Friday 19 

Saturday 20 

Monday 22 

Tuesday 23 

Wednesday 24 



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



Motions. 



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



Petitions in the Greneral Paper. 
Pleas, Demurrers, Causes, Claims, 
Further Directions, and Exceptions. 
Motions. 



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



Motions. 



34 



THE JURIST. 



Thvnday 25 FMitknis In the General F^per. 

IWdty 26' 

Satiirday 27 

Monday 29 

Toesday 30 

Wednesday 31 

Xhnnday . . Jf^nrii 1. 



Flflai, Demnrran, Caniei, Claims, 
Portlier DivectionSy and Ezoeptiona. 



Coment 
PetitionB. 



«... of Short CaiiMa, Short Clauns, 

""y ^\ Canaes, and Unopposed Pe 

Short Causes, Short Claims, Consent Causes, Unopposed 
Petitions, and Claims, every Satnrdsy at the sitting of tiie 
Court. 

Notice, — Consent Petitions must be presented, and copies 
left with the Secretary, on or before the Thursday preceding 
the Saturday on which it is intended they ahould be heard. 



ftontion <SaHttn. 

TUESDAY, FvBRU^T 3. 
BANKRUPTS. 

BOBERT SEWELL, Swaffham, Norfolk, scriTcner, dealer 
and chapman. Feb. 13 at 2, and March 19 at 1, Court of 
Bankruptcy, London : OiT. Ass. Whitmore ; Sols. Trehem 
& White, 13, BaigB-yard-cfaambers, Bncklersbury, London. 
—Petition dated Jan. 30. 

TBOMA8 ARNOLD, Elmore, Glouoestershire, timber 
dealer and miller, dealer and chapman, Feb. 16 at 12, and 
Maroh 15 at 11, Distriet Court of Bankruptcy, Bristol: 
Off. Ass. Miller; Sol. Lofegrore, Gloucester. — Petition 
filed Jan. 30. 

JOSEPH HALL, Hopend, Cradley, Herefordahire, fanner, 
lime burner, dealer and chapman, Feb. 17 and March 6 at 
half-past 10, Distriet Court of Bankruptcy, Birmingham : 
Off. Ass. Valpy; Sol. Smith, Birmingham.— Petition dated 
Jan. 22. 

THOMAS HARRIS, Camborne, Cornwall, grocer, dealer and 
chapman, Feb. 11 and March 10 at 11, District Court of 
Bankruptcy, Exeter: Off. Ass. Hirtsel; Sols. BuUmore, 
Falmouth ; Stogdon, Exeter.— Petition filed Jan. 29. 

JOHN PADGETT, Idle, Yorkshire, doth manulaeturer, 
dealer and chapman, Feb. 19 and Mardi 25 at 11, District 
Court of BankrupU^, Leeds : Off. Ass. Yonna ; Sols. Bond 
& Berwick, Leeds.— Petition dated and filsd Jan. 29. 

THOMAS BYROM, Wigan, LanoasUre, grocer and pro* 
▼ision dealer, Feb. 20 and March 12 at 12, District Cefat of 
Bankruptcy, Manchester: Off. Ass. Lee$ Sol. Bamtt, 
Manchester.- Petition filed Jan. 20. 

Mbbtinos. 
William Frederick Danowm, Oxford-street, Middlesex, 
poulterer, Feb. 13 at half-past 12, Court of Bankruptcy, 
London, last ex.— Anfy Hodgee, Addington-place, Camber- 
well, Surrey, ooaoh builder, Feb. 10 at 1, Court of Bank., 
mptcy, London, last ex.— IF». Naeh, Noble-street, London, 
woollen warehouseman, Feb. 11 at 12, Court of Bankruptcy, 
London, last ex.— CAorlet Riekmond Poitimger^ Hardwick- 
place, Commercial-road East^ Middlesex, wine merchant, 
Feb. 16 at 11, Court of Bankruptcy, London, last ex.— Owen 
Bovoen and Alexander Oiheon, Ra^ensbury Print-works, 
Surrey, calico printers, Feb. 14 at 2, Court of Banknq)tcy, 
London, aud. auc^^WilUam Jamee Pasman and Catherine 
Paxnum, Hare-street, Bethnal-green, Middlesex, silk dyers, 
Feb. 14 at 2, Court of Bankruptcy, London, aud. ac.— /b^ 
Cwtance, Greenwich, Kent, mUler, Feb. 14 at 12, Court of 
Bankruptcy, London, and. ac. — Hemrf Adame^ Hastings, 
Sussex, hardwareman, Feb. 14 at half-past 1, Court of Bank- 
ruptcy, London, aud. ac.— JZicAard bemonger and Pierey 
leemonger, Littlehampton, Sussex, merdiants, Feb. 14 at 2, 
Court of Bankruptcy, London, aud. ac.— fFi/Ztam Latlett, 
Houson, Ash-next-Sandwich, Kent, dealer in hay, Feb. 14 
at 2, Court of Bankruptey, London, aud. ac. — J%oe, Britie»t 
Suffolk-lane, Cannon-street, London, wine merchant, Feb. 27 
at half-past 11, Court of Bankruptqr, London, dir. — Bdwin 
Fogg, GroTe-road, St. John's-wood, and New Church-street, 
Usson-groTS, Psddington, Middlesex, apothecary, Feb. 24 
at 1, Court of Bankruptcy, London, fin. div. — Charlee Henry 
JSwann, Sandford, John Swann, WoolTeroote, and William 
Swann, Ensham, Oxfordshire, paper makers, Feb. 27 at 11, 



Court of Bankruptcy, London, dbr. sep. est. of CharkeHemy 
Swann, — William Remington, Rowland Stephmeon, Damd 
Robert Remington, and Joeeph Petty Touhnin, Lombard, 
street, London, bankers, Feb. 27 at half-past 12, Court of 
Bankruptcy, London, div. sep. est. of Rowland Stepkenaom^ 
"^Jokn Wright t jun., and George Lochoood, Trinity-square^ 
London, ooal factors, Feb. 20 at 12, Court of Bankruptcy, 
London, div. joint est., and diT. sep. est. of John Wrighi*-^ 
Leonard Wild JJogd, Goldhawk-terrace, New-road, Shep- 
herd's-bush, Middlesex, builder, Feb. 27 at 1, Court off 
Buikruptcy, London, dir. — JohnFM^oe, Mitcham, Sorrej, 
market gardener, Feb. 24 at 1, Court of Bankruptcy, London, 
diy.— /oiln Prentice, Oxford, ironmonger, Feb. 24 at 2, Court 
of Bankruptcy, London, div. — William Sdwarde, Brighton, 
Sussex, caipenter, Feb. 26 at 12, Court of Bankruptqr, London, 
£▼.— C^/et Bagl^e, Chippenluun, Wiltshire, surgeon, Feb. 
26 at 11, District Court of Bankruptey, Bristol, diT.— Beis- 
jamin Hopkineon Batett Liverpool, merdiant, Feb. 24 at 11, 
District Court of Bankruptcy, Liverpool, diy. — Thoe, Birch 
Choriton-vpon-Medlock, Manchester, common brewer. Fab. 
26 at 12, District Court of Bankruptcy, Manchester, diT.*-~ 
John Emery, Lichfield, tailor, Feb. 23 at half-past 11, District 
Court of Bankruptcy, Birmingham, div.— JoAii /aibiaon, 
Wolston, Warwickshire, coal dealer, Feb. 24 at half-past 10, 
District Court of Bankruptcy, Birmingham, dir. 

CBnnviOATBt. 
To he ailowod, mniooe Coma bo ohown to the contrary ois or 
b^inre the Day ^ Meeting. 
Jamee Bennett, Woolwidi, Kent, carpenter, F^. 25 at 11, 
Court of Bankruptcy, London.— IforsAiitf Beewick, Norwich, 
wine merdiant, Feb. 25 at 1, Court of Bankruptcy, London. 
— William Stanton, Buckingham, watchmaker, Feb. 26 at 
2, Court of Bankruptcy, London.— ^e<l. Pegler, Hampton, 
Middlesex, grocer, Feb. 24 at 1, Court of Bankruptcy, London. 
'^Wm. Boyee the elder, Dorer, Kent, hotel keeper, Feb. 26 
at 12, Court of Bankruptcy, London. — William BdwardOp 
Brighton, Sussex, carpenter, Feb. 26 at 12, Court of Bank, 
ruptcy, London. — Nicholae Oeary, St. James's-street, Picca- 
dilly, and Oxford-street, Middlesex, staymaker, Feb. 26 at 1, 
Court of Bankruptcy, London.— fF». Farrell, liTerpooI, 
provision dealer, Feb. 27 at 11, District Court of Ban kr u p tcy, 
liyerpool.— TAof. M. Harrie, Liverpool, shipowner, Feb. 26 
at 11, District Court of Bankruptcy, LiverpooL— /. Thoaum^ 
and Wm. Leith, Liverpool, timber merchsnts, Feb. 26 at 11, 
District Conr^of Bankruptcy, Liverpool. — Aleaeandar Camak, 
liverpool, provision dealer, Feb. 27 at 11, District Court of 
Bankruptcy, Liverpool.— 7!loiiuu TVtcier and John Tadker, 
Liverpool, shipbuilders, Feb. 25 at 11, District Court of 
Bankruptcy, Liverpool. 

3b be granted, tmlest an Appeal be duly entered. 
Joteph B. Cadby, Malmesbury, Wiltshire, statkmer.- FFin. 
Jonee, New-road, Whltechapel, Middlesex, and East Ham, 
Essex, oowkeeper. — Wm. White, Winchester, Southampton, 
builder.— Z. Warren, Ardleigh* Essex, miller. — W, Chngh- 
ton, Kingston-upon-Hull, auctioneer. 

SooTon SsauBsniikTioNS. 
A. WUUneon, Glasgow, printer.— D. S. Qalbraith, Dra- 
more House, near CampbeUtown, underwriter. ^^iSav. P%md^ 
lay, Bredisholm, Old Monkland, Lanarkslure, cattle dealer.— 
JaoMo M*Murray, Glasgow, ironmonger.— Josms MasmfoU, 
Glasgow, wine merchant.— yobiXamd Cnnnbighmn, Dundee, 
manu&oturer. 

INSOLVENT DEBTORS 
Who hone filed their Petitione in the Court f^ Bankruptcy, 
and haoe obtained an Interim Order for Protection J ^o m 



Jamee i7aiiiMiA, Kingston-npon-Huli, retailer of beer, Fd>. 
21 at 10, County Court of Yoriuhire, at Kingston-upon-Hua. 
— Wm, Andrew, North Ferriby, Yorkshire, wheelwright, Fdi. 
21 at 10, County Court of Yorkshire, at Kingston-upon-Hull. 
— /oAii Dewii, Brouah, Westmoreland, innkeeper, Feb. 18 at 
11, County Court of Westmoreland, at Appleby.— JSieAonf 
LinneU, Wrappenham, Northamptonshure, baker, Feb. 221 at 
half-past 11, County Court of Buckinghamshire, at Newport 
Psgnell.— /ona/Aon Brown, York, currier, Feb. 23 at 10, 
County Court of Yorkshire, at York.— /amet SehofiM and 
I Jabex Clarke, Leeds, Yorkshire, psinters, Feb. 25 at 10, 
I County Court of Yorkshire, at Leeds.— /oAis Bent the elder. 



THE JURIST. 



86 



Brierley-hOl, Kingswinfbrd, Stafibrdahire, in no bnsineM, 
Mardi 22 aft 10, Connty Court of Worowterahire, at Stonr- 
bHdgG.^iJmme9 Doughtff, Bromley, Kinnwinford, Stafford- 
flhire, linker, March 22 at 10, Coimty Uonrt of Woroeater- 
ihire, at Stourbridge. ~iIo6«r/ H. Ingram, Cambridge, teadier 
of rnoflic, Fd). 23 at 10, Coonty Court of Cambridgeahire, at 
Cambridge. — 6. /onef, Pontypool, Monmontbahire, labourer, 
Feb. 24 at 10, County Court of Monmontbahire, atPoatypooL 
— JUcAcni 7>srfor, Salt-marshe, near Howden, Yorkdiire, 
coal dealer, Feb. 14 at 10, County Court of Yorkabire, at 
Howden.— Vam«t 3f«rf^an, York, pot maker, Feb. 23 at 10, 
County Court of Yorkshire, at York.— /oAii Ward, York, 
dealer in baoon, Feb. 23 at 10, County Court of Yorkshire, at 
York.— CAriff/«;pAer ftojr, Scorton and Catterick, Yorkshire, 
grocer, Feb. 18 at 10, County Court of Yorkshire, at Rich- 
mond.— Joibs CoUim, York, licensed Tietualler, Feb. 23 at 10, 
CooaAy Court of Yorkahire, at York.— George /. Wag$ttff, 
York, painter, Feb. 23 at 10, County Court of Yorkshire, at 
Yortc. — Thonuu Jackwn, StiUington, Yorkshire, saddler, 
Feb. 24 at half-past 10, Conn^Court of Yorkshire, at Basing- 
wold.— *TloBMt Wheelhouttj Knaresborough, Yorkshire, inn- 
keeper, Feb. 13 at 11, County Court of Yorkshire, at Knares- 
boroug^— £. TUley, Tredegar, Monmouthshire, assistant to a 
groeer, Feb. 19 at 10, County Court of Monmouthshire, at 
Tredegar.— Immc FUUU, Folkestone, and Ashford, Kent, 
builder, Feb. 17 at 10, County Court of Kent, at Folkestone. 
'^Bhia Vmceni, widow, Milford, Pembrokeshire, not in any 
buainesa, Feb. 20 at 10, County Court of Pembrokeabire, at 
HaTerfordwe8t.~7%omatZ). Palmer, Gelliswick, Hubberstoo, 
Pembrokeshire, not of any bnainess, Feb. 20 at 10, County 
Court of Pembrokeshire, at HaYerft>rdwe8t.^7%oiiiat MUner, 
Naah, Monmouthshire, farmer, Feb. 17 at 12, County Court of 
Monmouthshire, at Newport.— -6«or^e ffareweii, Nailsworth, 
A^ening, Gtoucestershire, carpenter, Feb. 25 at half-past 10, 
County Court of Glonoesterahire, at Stroud.— IFm. Buiekar, 
Stetchworth, Cambridgeshire, butcher, Feb. 16 at 3, County 
Court of Cambridgeshire, at Newmarket. — David Palmer, 
GeOiswick, Hnbbenton, Pembrokeshire, not of any business, 
Feb. 20 at 10, County Court of Pembrokeshire, at Harer- 
fordweat. 

Tka /oUamng Pereom, who, on their eeteral PeHtime filed 
•» the Onart, have obtained Interim Orden/or Protection 
frwm Proeeee, are required to appear in Court ae herein' 
^ter mentioned, at the Court-house, in Portugai'ttreet, 
lAmeoim'ehm, as follows, to he examined and dealt with 
mccordimg to the Statute: — 

Peh. 18 at 11, b^ore the Chibv Commissionbr. 
WdUer Walpole, Tothill-st., Westminster, Middlesex, out 
of bunness. — Thos. Morris, Southwark-bridge-road, Surrey, 
wholesale druggist's assistant. — Johm Haughton Wieies, 
Bfighton-plaoe, North Brixton, Surrey, plumber. — John 
YoungkuAand, Eversholt-street, Hampstead-road, Middlesex, 



Saturday, Jan. 31. 
na/oUowing Assignees have been appointed, Purther pmr^ 
HemliBrs mag be learned at the 0§lee, m Portugal-st,, 
JUmeoin's-inn-fields, on giving the Number qf the Case. 
Thomas IRUby, Kingston-upon-Thames, Surrey, hat manu- 
fiKtwer, No. 62,599 T. ; Luke West and Joseph Ward, as- 
afgneea. — Thos, Hilditeh, Scot Hay, near Newcastle-under- 
l^yne, Staflfordshire, labourer. No. 63,250 C. ; Thos. Austen, 
umgfsoa.— Richard Piatt, Portsea, baker. No. 73,857 C; 
Cbutaa Minors Collett, assignee.— /owpik Phraser WUson, 
Wtndiester, Hampshire, lieutenant in the 4th Ceylon Regi- 
uMnt, on half-pay, No. 14,291 T. ; Samuel Stuigia, new 
9m6fpa»f Henry Mills removed. 

Saturdag, Jatu 31. 
Orders have been made, vesting in the Provisional Assignee 
the Estates and Ef sets of the following Pertons:^ 
fOn their own PetitioneJ. 
Jamm Everett Hackney^ Milsted-terraoe, Church-fields, 
Old Kent-road, Surrey, commission agent: in the Debtors 
ArhKm for London and Middleaei. — Robert Nicholson Cod- 
lm0t Edgecombe- terrace, Bancroft-place, Mile-end-rd., Mid- 
d&nex, in no trade : in the Debtors Prison for London and 
Sftdaiesex.— IFsn. Oiles, Sydney-st., Great Northern-road, 
lalinglton, Middlesex, baker : in the Debtors Prison for Lon- 
don and Middlesex. — Darid Terras, Mansell-st., Goodman's- 
ftelds, Middlesex, coachsmith : in the Debtors Mson forLon*- 



don and Middlesex.— yr». Woodward, BolweQ-terraoe, Lam* 
beth-walk, Lambeth, Surrey, builder : in the Queen's Priion. 
^^Charlet Bn^ford, Wellclose-square, Middleaex, cabinet 
maker : in the Debtors Prison for London and Middlesex-— 
Jane Chippendale Un^lebg, Epping- place, Mile-end, Middle- 
sex, shopwoman to a hairdresser : in the Debtors Prison for 
London and BAiddlesex. — Edwin Leese, Munster-street, 
B«gent'8-park, Middlesex, cheesemonger i in the Debton 
Prison for London and Middlesex. — Oeorge Mag, Fieldgate- 
st., Whitechapel-road, Middlesex, butcher: in the Debton 
Prison for London and Middlesex. — John Marriott Digbg, 
Crown-st., Finsbnry, Middlesex, grocer : in the Debtors Pri- 
son for London and Middleaex.— 7!lo«. Wm, Piggott, Riky- 
st., George-st., Bermondsey, Surrey, hat manuftcturer: in 
the Gaol of Horsemonger-lane. — PSrederiek Ward, Friar-st., 
BlaekfrUrs-road, Surrey, commission agent : m the Gaol of 
Horsemonger-lane. — Thoe. Wells, Princes-road, Bermondsey, 
Surrey, oilman: in the Gaol of Suirey— itteilani Thowtas 
Hart, Plumstead, Kent, builder : in tiie Queen's Prison.— 
Jamee Louis Eaeudier, Somerset-st.» Portman-smutre, Mid-, 
dlesex, surgeon-dentist : in the Debtors Prison for London and 
Middlesex.~/aine« Stride, Windsor-place, Southwark-bridge- 
road, Surrey, out of business : in the Queen's Prison. — Henry 
Perkins Passmore, Crown-place, Old Kent-road, Survey, 
painter: in the Gaol of Horsemonger-lane.~/os^A Brace ^ 
Tachbrook-st., Pimlioo, Middleaex, out of busmesst in the 
Queen's Prison. — Manmn Oeorge Duke, Cannon-row, West- 
minster, Middlesex, stationer: in the Debtors Prison for 
London and Middlesex. — Wm. Lambert Taglor, YeseotSk* 
terraoe, Walworth, Surrey, beer-shop keeper ; in the Gaol of 
Horsemonger-lane. — Frwseois Aulagnier, CaTendiah-atrset, 
Oxford-street, Middlesex, importer of fimey goods : in the 
Debtors Prison for London and Middleaex. — Clorlet Barer, 
EUiott's-row, Lower-road, Islington, Middlesex, grocer: In 
the Queen's Prison.— 17m. CawmbeU, Filey, Yorksfain, lodg* 
ing-house keeper: in the Gaol of York. — /mms Driver^ 
Thornton, near Bradford, Yorkshire, publican : in ttie Gaol of 
York.— JoMjiil Edwards, Hulme, Mancheater, plumber : in 
the Gaol of Lancaster.— lMw«rrf EUas Dunsterville Orooe, 
LlaneUy, Carmarthenshire, solicitor : in the Gaol of Carmar- 
then.— /(Smet Horroeks, Sholes Wigan, Lancashire, baker : 
in the Gaol of Lancaster.— Edw. Lea, KirkstaU-bridge, near 
Leeds, Yorksfairo, black plate worker : in the Gaol of York.— 
Robert Oeorge Moore, Stonegate, Yorkshire, commlsaion 
agent : in the Graol of York.— /«Met Newton, Manchester, 
beer selier : in the Gaol of Lancaster.- Thoaas Roberts, 
Manoheater, baker : in the Gaol of Lancaster. — Henrg 
Stephenson, Warmmster, Wiltshire, musical instrument tuner 
and muuc seller : in the Gaol of Fiaherton Anger, Wiltahire. 
— /oAfi Daniels Varley, Hulme, Mancheater, accountant : la 
the Gaol of Lancaster. — James Whitaker, Bolton, bv Bow- 
land, near Clitheroe, Yorkshire, farmer : in the Gaol of York. 
^Henry Dean, Manchester, out of business : in the Gaol of 
Lancaster.— /oAfi Abtt^A, Selford, Laneashiro, brickmakff: 
in the Gaol of Lancaster. — W. Lupton, Bradford, Yorkshire, 
stuff dealer : hi the Gaol of York.— /aeo6 Schwars, Bedford, 
dealer in German clocks : in the Gaol of Bedford.— /oeoA If. 
Van Winkle, Huddersfield, Yorkshin, manager to the Astoria 
Company at Hudderafiekl : in the Gaol of York.— IticJIard R. 
Blaekman, Kingston-upon-HuU, Yorkshire, confbetioner : In 
the Gsol of Kingston-upon-HuJl. — /oAii Carver, Hunslet, 
near Leeds, Yorkshire, shopkeeper : In the Gaol of York.^- 
Jaaus Plumleg, Reading, Berksnire, builder : in tiie Gaol of 
Reading. — W. Walton, Horbury, near Wakefidd, Yorkahire, 
publican: in the Gaol of York.— iSlsmiie/ West Alabaster, 
Plymouth, DeYonshire, baker : in the Gaol of St. Thomas the 
Apostle, Devonshire. — Robert Jackson, Colne, Lancashire, 
sawyer: in the Gaol of Lancaster.^ ilrMur P. Rudmannt 
Preston, Lancashire, grocer: in the Gaol of Lan<auter.<» 
Edward Thorpe, Micklegate, Yorkahiro, innkeeper: in the 
Gaol of York. — Edward WilUmnson, GroTCa, Yorkshbw, 
painter : in the Gaol of York.— Bti^'omm Lamphugh, Don- 
caster, Yorkshire, draper : in the Gaol of York. — John Wki- 
taker. Upper Wortley, Leeds, Yorkshiro, woollen doth manu- 
facturor : in the Gaol of York. 

The following Prisonsrs are ordered to be brought up bqfitre 
the Court, in Portugal^streett to be exaadmed md dealt 
with according to the Statuie:-^ 

Feb. 17 a# 11, bifore the Crrf CoMMnaiONSB. 
John Sanderson, Blackfriani-road, Surrey, umbreUa manu- 



36 



THE JURIST. 



facturer. — Hwry Reece, Walton-on-Thames, Surrey, out of 
business. 

Feb. 19 a/ 11, b^ore Mr. Commiuioner Phillips. 
Henry A. P, Barlow^ Sion-cottage, London-wall, London, 
wine merchant's cleric. — Joseph SmiiA, Bayham-terrace, Cam- 
den-town, Middlesex, cabinet maker. 

The following Prisoners are ordered to 6e brought up before 
a Judge of the County Court, to be esmmined Mul dealt 
with according to the Statute: — 

At the County Court of Yorkshirct at Ktngston-upon- 
HuLL, Feb. 21. 

John Moss^ Scotter, out of employment. — Richard Robinson 
Blaciman, Kingston-upon-HulI, confectioner. 
At the County Court of Oxfordshire, at OzroRO, Feb. 23 
at 10. 

John Nickolls, Kidlington, Ironmonger. 

At the County Court qf Gloucestershire, at Bbistol, 
Feb. 25 at 11. 

James Vowles, Bristol, mason. 

Insolvkmt Dbbtoeb' Dxyidknos. 

Edward Cahill the yonnger, Walcot-sqaare, Kennington, 
Surrey, clerk in the Admiralty, Somerset House : \s. ^\d. in 
the pound. — Charles J. Beamont, Greenwich, .Kent, watch- 
maker : i^d. in the pound. — John ffutton, Denmark-street, 
Soho, Middlesex, clerk to a loan society : Is. lOf^. in the 
pound. — James Gray, 6ordon-st., Qordon-sq., Middlesex, 
clerk to the General Maritime Assurance Company : lO^J. in 
the pound.— G«or^e Mathew, Buckley-street, Whitechapel, 
Middlesex, wheelwright: 2s. 2}^. in the pound.— ^Tm. Reed, 
Peaton-place, Newington, Surrey, assistant to a linendraper : 
If. bd. in the pound.— JoAn Webb, Flympton St. Mary, 
Detonshire, captain in. the Army: 4s. Id. in the pound. — 
Samuel D. C. Grinsell, Camden-square, Camberwell, Surrey, 
superannuated superintendent of police : 4s. 4d. in the pound. 
'■^Wm. A. Grobecker, deceased, Stanhope-place, Southwark- 
bridge-road, Surrey, superannuated clerk in the War-office : 
5«. 6i<(. in the pound. — W. A. Grobecker, Wellington-place, 
Camberwell, Surrey, teacher of languages: 2s. 2id. in the 
pound. — Edward Jukes, Enfield-road, Kingsland-road, Mid- 
dlesex, Ubrariaa to the JiOndon Dock Company : Is. 2|<f. in 
the pound. — Thomas Theakston, Azerley, near Ripon, York- 
shire, farmer : Hd. in the pQund. 

Apply at the Provisional Assignees* Office, Portugal-street, 
ZAncotn'S'inn'Jlelds, Londmi, between the hours of II and 3. 
. Mkstiko. 

Thomas L. R. Pierce, Aldersgate-street, London, out of 
business, Feb. 20 at 12, Pratt's, Chatham, Kent, sp. aff. 



LAW PARTNERSHIP.- A GeoUeman who served hU 
articles in an office of high respecUbili^ in London, and was 
admitted in lSi9. is desirous of obtaining a SITUATION in a SOLI- 
CITOR'S OFFICE of good standing, upon an ARRANGEMENT that 
he should be allowed, at a ftitare period to be specified* to PURCHASE 
a SHARE of the BUSINESS, for which he would be wUling to pay an 
adequate sum; his remnneraUan in the meantime being a secondary 
consideration. Address, H. C. I., Messrs. Cartwright & Son's, Law Sta- 
tioners, War wick- place, Bedford' row. 

AMERICAN AGENCY IN LEGAL MATTERS, 
-ty. 9, NASSAU-STREET, NEW YORK. 

IRVING PARIS, Solicitor. Notary Public, and Commissioner to 
tske Depositions and certify all Legal Instruments: 

For the Proeecution and Recovery of Claims, and for Colleetions ge- 
nerally, embracing Debu, Legacies, and Inheritances, in the United 
States: 

For procuring the Execution and Authentication of Legal Instru- 
ments, and obtaining Evidence and Information In Legal Matters, or as 
to parties: 

Also for th^ Purchase and Sale of Lands, and luTestmenUon Mort- 
gage or in Stocks, and collecting Dividends and Interest. 

RSFEUEVCXS, 

J. C. Rntter, Solicitor, 4, Ely-place, Holborn.) 
DsTid Bogue, Esq., Fleet-street. \ London. 
Thomas Delf. Esq., Paternoster-row. ) 
Washington Irving, Esq. ) 
Hon. Judge Ulshoeffer. V New Yorit. 
George P. Putman, Esq. 3 
Henry Van Wart, Esq., Birmingham. 

PHILLIPPS ON EVIDENCE. 
This day is published, in 3 large vols, royal 8vo., price 2/. 16«. boards, 

A TREATISE on the LAW of EVIDENCE. Tenth 
Edition, with considerable Alterations and Additions. By the 
RightHon.S. MARCH PHILLIPPS and THOMAS JAMES ARNOLD, 
Esq.. one of the Police Magistrates for the Metropolis. 
London: late Wm. Benniag 8t Co., Law Booksellers, 4S, Fleet-stieet 



This day, 8vo., 8«. 6d., 

HISTORY of TRIAL by JURY. By WILLIAM FOR- 
SYTH, M.A., late Fellow of Trinity College, Cambridge, sad 
Author of «• Hortensiuff." 
London: John W. Parker & Son, West Strand. 

THE NEW LAW OF EVIDENCE. 
Just published, price 3i. boards. 

A TREATISE on the POWER of the COURTS of COM- 
MON LAW to compel the Production of Documents for Inspec- 
tion; with an Appendix, containing the Act to Amend the Law of 
Evidence, 14 & 15 Vict. c. 99, and Notes thereto. By CHARLES 
EDWARD POLLOCK, Esq., of the Inner Temple. 
S. Sweet, I, Chancery-lane, London; and Hodges & Smith, Dublin. 

HEADLAM'S TRUSTEE ACT, U30.— Sxcokd Eoitiov. 
Just published, 
rpHE TRUSTEE ACT, 1850, with an Introduction, Notes, 
•■- and an Index. By T. E. HEADLAM, Esq., M.P., one of her 
Majesty's Counsel. Second Edition, with the Cases decided upon the 
Ace to the present time. To which arc added the TRUSTEE RELIE? 
ACTS, with the GENERAL ORDERS and CASES. 

Stevens & Morton, 26, Bell-yard, Lincoln's-ion. 

LAW BOOKS. 
MR. HODGSON will SELL by AUCTION, at his Great Room, 192, 
Fleet-street, on MONDAY next, February 9, and following Day, at 
half-past 12, 

STOCK of LAW BOOKS of Mr. WILLIAM BRITTEN, 
Bookseller, relinquishing the business; -including Thurioe's State 
Papers, 7 toIs. ; Dugdale's Origines Juridiciales and Ancient Ussge of 
Anns; Statutes of the Realm, 9 vols; London Gazette, 1780 to 1813; 
Law Journal Reports to 1849; Coroyns's Digest, by Hammond; Bscon'i 
Abridgment, by Gwillim & Dodd; complete Series of Modem Reports 
in Law and Equity; Treatises and Books of Practice. 

To be viewed, and Catalogues had. 



VBMO SIBI VXVAT.' 

DISEASED. DECLINED, AND HEALTHY LIVES ASSURED. 

MEDICAL, LEGAL, and GENERAL MUTUAL LIFE 
ASSURANCE SOCIETY, 126, Strand. 
Established in 1846. 
1 
James Copland, M. D., F. R. S. 
John Billingsley Parry, Esq., Q.C. 
Vere Fane, Esq. 



TBX7STESS. 



The Right Hon. the Master of the 

Rolls. 
James Russell, Esq., Q.C. 

DIBBCTOnS. 

J. B. Parry, Esq., Q.C., LincolnVinn, (Chairman). 
*G. H. Barlow, M. D., Guy's HosptUl. 

D. Comthwaite, Esq., Old Jewry Chambers. 

•F. J. Farre, M. D., F. L. 6., St. Bartholomew's Hospital. 

T. W. Greene, Esq., LincoIn's«>inn. 

Richard Jebb, Esq.. Lincoln's-inn. 

•J. C. W. Lever, M. D., Guy's HospiUl. 

•W. J. Little, M. D., London HospiUl. 

J. Panott, Esq.. Clapham-common. 

•R. Partridge. Esq., F.R.S., King's College HospiUl. 

*R. Quain, Esq., F. R.S., University College Mospitsl. 

R. Smith, Esq., Endsleigh-strvet. 

F. T. White, Esq., Lincoln's-inn. 

J. H. Whiuway, Esq., Lincoln's-inn-fields. 

AUOXTOBS. 

John Brown, Esq., Surgeon, Hammersmith. 

O. Carew, Esq., Solicitor, LIncoln's-inn-fields. 

F. W. Remnant, Esq., Solicitor, Linooln's>inn>fieIdi. 

E. Ray, Esq., Surgeon, Dulwich. 

Bavkxks.— Messrs. Praed, Fane, Praed, k Johnston, 189, Fleet-street 

Standxvo Coukbxx.. 

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8oLiciTOBs.~Messr8. PoQiey. Beisley. & Read, 1, Lincoln's-inn-fields. 

Sbcbetabt.— Frederick J. Bigg, Esq., 126, Strand. 

The Directors nuurked with an asterisk * are the Medical Ezaniocn 

of the Society, one of whom is always in attendance on Mondays at tbrse 

o'clock, and on Thursdays at four o'clock. 

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paid) sent to the Office. No. 3, CHANCERY-LANE, or to STEVENS 
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Its punctual delivery in London, or iu being forwarded on the evening 
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Printed by HENRY HANSARD, Prixteb, residing at No. H. 
Park Square, Regent's Park, in the Parish of St. Marylebooe, in ths 
County of Middlesex, at his Printing Office, situate in Parker Street, is 
the Parish of St. 6iles*in-the- Fields, in the County aforesaid ; and Pub- 
lished at No. 3, Chavcekt Lamb, in the Parish of St. Dunstan in the 
West, in the City of London, by HENRY SWEET, Law Booxselix* 
and Pvblishsb, residing at No. 41, Great Coram Street, in the Parish 
of St. Geortre, Bloomsbury, in the County of Middlesex.— ^latnrdsy, 
February 7, 1852. 




No. 788— Vol, XVL FEBRUARY 14, 1 85 2 . Price U ., with Supplement, 2s. 
NAMES OF THE CASES REPORTED IN THIS NUMBER. 



CocBT OF Chancery. 
The SoDth Suflbtdshire .Railway Companj v. Hall. — 
(JitfinirflM — Legal Right acquired pendimg In- 

jtmetitm) 93 

Brifii V. Teonf.^(WiU^Dru$t^Pree€torg Wtn-de, 

•^ wOt knowing") 93 

CouBf OF Appeal 19 Cbamckrt. 
Ss p€rfe Loteday . — (Lunatic — CWtff ^ IhquiiitiaH on 

atmecet^fulTraneret) 95 

Vicb-Chakcellor KniBBRSLET's Court. 
CaeoMDts «. Bowes.— <Piid2^> Om^any—Pm'tie&^JH^ 

reetor9^Wmding'Up Act) • 96 

Yicb-Chaikxllor Parker's Court. 
Re Tbe 'WHI of Caroline Hadley, deceaaed—lZe The 
Trustee Act, 1850.— (Poicrer qf appointing new 

TruaUH—Oantiruetion) 98 

Court ov Queen's Bench. 
Boe J. Stephen Lanidell ajid.Othen, Chnrdiwiftea 
and Overseers of the Poor of the Parish of Femhurf » 



Court of Queen's Bench — (Coi^pu4d}, . 
p. Gower.— (Leflie hy Parish OfficersStat. 59 
Geo, 3, c. 12, *. l7—'*Leaae in Writing* '—Stat. 

3^4 Will. A, c. 27,w.6, 8) 100 

Ref. V. iohgkBroyifn.—{VagrantAct-~Suepeeted Per- 

ione frequenting Streeie and Highway $) 101 

Court of Common Pleas. 
M'Donnell v. Evans. — {Examination at to Credit of 

Witness) 103 

Court of Exchequer. 
Bdlamy and Another v, Marjoribanks and Others. — 

(Crossed Cheque— Banker-- Custom) 106 

Crown C^ses Reserved. 
Reg. V. Vreston.— (Larceny— Finding marked Bank 

Note) 109 

Reg. V. Newman.— (P«r;atry—Mfiii/M qfformer TYial) 111 

Prerogatitb Court. 
Lanenville v. Anderson. — (Domicile —Facte — Pleads 
ing) 112 



to a third of thp profits. They have taken their annual 
account, and, aller all expenses, their dear profits axe 
900/., for which they draw three cheques, and place 
them on the table. Up to this point the cheques are 
elearly all three, profits ; but the partners call in their 
clerk, and tell him to take one, each of the partners 
taking one of the others. From tliat moment one of 
the cheques changes its clmracter, and is no longer a 
share of the profits, but a gross sum of money. *' The 
absurdity is," to use the expression of Lord Mansfield 
in Doe v. Forty (Dougl. 722), in speaking of Lord 
Lincoln's casCy "shocking; however it is now law." 
And on that law a learned member of the Bar has 
founded a suggestion, that the benefits of the limited 
liability of the French law of commandite may be 
obtained under the existing law of England*. With 
the learned writer's defence of the rationality of the 
distinction we do not agree. He says, (p. 7) : — 

" A man who agrees for a share of the profits is 
directly interested in Uie profits themselves, in specie, 
wherever they may be, and as soon as they accrue. 
The law, with a view of advancing and protecting the 
interests of commerce, gives to every man who has a 
right to a share in profits a right to take possession of 
the whole profits, wherever he may find them. But 
the man who, in Lord Eldoii's words, contracts for a 
sum of money, even in proportion to a quantum of the 
profits. Is not, properly speaking, or in the same sense, 
interested in the profits. He is only interested in the 
rate of profits. ' Interested' in the one case means 

* Partnership en Commandite ; or Limited lAability recog- 
nised and permitted by the existing Law of England, as exem- 
plified in the Conrertible Bonds of the Steam OondoU Com- 
pany. By Matthew B. Begbiey of .Tjn«nln»«-iim. Banister 
at Law. 1852. 



LONDON, FEBRUARY 14, 1862. 

AicoitOOT tke moat subtle of the nmnerooa subtle 
distinciiofis that are to be found in the law is that 
adopted by Lord Eldon in JSx parte Hatnpery (17 Ves. 
403), in which his Lordship thus states the law as to 
what indirect interest in or claim upon the profits of a 
concern will not constitute a partnership in it: — 

*^ The cases have gone fortlivr to this nicety upon a 
distineiion so thin, that I cannot state it as established, 
npon dne consideration, that if a trader agrees to pay 
another person for his labour in the concern a sum of 
money, even, in proportion to the profits, equal to a 
certahi share, that wiU not make him a partner; but if 
he has a specific interest in the profits themselves, as 
sach, he is a partner." (P. 404). 

And again, (p. 412) : — 

** The ground as to third persons is this— it is clearly 
settled, though I regret it, that if a man stipulates 
that as the reward of his labour he shall have, not a 
specific interest in the bunness, but a given sum of 
money, even in proportion to a given quantum of the 
profits, that will not make him a partner ; but if he 
agrees for a part of the profits as sucli, giving him a 
right to an account, though having no property in the 
capital, he is, as to third persons, a partner; and in a 
question with third persons, no stipulation can protect 
him firom loss." 

Well, indeed, might Lord Eldon call the distinction 
thin ; it is, to our understanding at least, no sensible 
distinction at all. Let it be stated in an equivalent 
but more tangible form, and the utter groundlessness 
of the , distinction will be apparent. A. and B., in 
part^iyrship, have a ckrk, who is to be paid, in the 
mAiuiei discribed m Ex parte Beimper, a salary equal 
VauXVL E 



iT^r^i^ 



38 



THE JURIST, 



* haying a right of property in the profits' — in the 
other, ^ concerned to know what the profits are/ 
Neither has the person who stipulates for a sum of 
money, even in proportion to a qnantum of the profits, 
any right to an acconnt, hut only to a discoveiy. The 
right to an account inyolves the idea of relief. In &ct, 
an account, without other relief, is simple discovery. 
'Aut a person who is specifically interested in the profits, 
i. e. who has a right of property in the profits in specie, 
has a right to an account, properly so called — not only 
to a discovery, but to a decree for payment over. The 
interest in the rate of profit, therefore, does not bring 
such a person within Lord Eldon's rule as having a 
right to an account." 

But this is only another form of re-stating Lord 
Eldon's subtlety. If a man is entitled to be paid a 
sum equal to a given share of the profits, and is entitled 
to discovery of what the profits are, he is, on obtaining 
the discovery, entitled to recover the specific amount 
discovered. So that it comes back to this — that the 
profits being 900 sovereigns, he b entitled to a disco- 
very of that fact, and then he is entitled to take 300 
of them. What matters it whether they are called 
profits — they are profits, and nothing else. Besides, 
discovery of amounts of money, is an account ; so that 
it is a mere contest of words to say that a person, paid 
on the principle of Es; parte Hamper, is not entitled to 
an account of profits. Still, however, such is the law, 
and if Mr. Begbie has successfully shewn how to apply 
it to so useful and commercial a purpose as the obtain- 
ing of limited liability, he has done good service as well 
to the merchants as to the lawyers. His plan is thus 
described : — 

*^ The consideration of these cases has suggested the 
plan of borrowing money on debentures or bonds, con- 
ditioned for the payment of periodical payments, by 
way of interest on the loan, proportional to the dividend 
declared among the partners on the capital stock ; and 
the following form has been proposed accordingly. It 
may be observed that, although these observations are 
addressed to the case of a joint- stock company, being 
the case where the suggestion was made, the principle 
is nearly the same with regard to all partnerships. The 
case of private partnerships is, in some respects, more 
fitvourable to the exemption from liability, owing to 
the considerations which will be pointed out hereafter. 



Dftte, 1 March, 1852. 
£50. No.—. 



STEAM GONDOLA! 
COMPANY. 

CONVERTIBLB BoND. 



I 1 March, 1852. 
I No.—. £50. 



** We, the Steam Gondola Company, in consideration 
of the sum of 50^. to us in hand paid by A. B., of 

y do bind ourselves and our successors unto the said 

A. B., his executors, adminbtrators, and assigns, in the 
penal sum of 100/. 

"The condition of the above- written obligation is 
such, that if the said company shall pay to the said 
A. B., hb executors, administrators, or assigns, at the 
office of the company, within one week after every ge- 
neral meeting of the company, such a sum of money, 
by way of interest on the said sum of 50/., as shall be 
after the same rate per cent, as the dividend which shall 
at such general meeting have been declared on the paid- 



up share capital of the oompany ; or klbb (at the option 
of the company) if the taid company shall, at the office 
of the oompany, and on the let day of September, 
whioh ahall be in the year 1852, pay to the said A. B., 
hu executem, administratoni or assigns, the sum of 
50/., together with interest thereon after the rate of 5/. 
per centum per annum ; then the above- written obli- 
gation is to be void, otherwise to remain in full force 
and virtue. Given under our common seal this 1st day 
of March, 1852. 

" f 7b 50 indorsed on the above J, 

" 1. This obligation will be renewed as the coupons 
are exhausted. 

" 2. The proprietor of this obligation is entitled at 
any time to require it to be converted into a share ot 
shares at par. 

** 3. By the deed of settlement the directors are from 
time to time, previous to every general meeting, to cer- 
tify what portion (if any) of the profits of the com- 
pany are proper to be applicable to the purposes of a 
dividend, after making provision for a rest or resenred 
fund (if deemed expedient). 

'* 4. The directors are entitled at any time, on three 
months' notice, to pay off the proprietor of this obliga- 
tion at par, (i. e. on payment of 50/., and all interest 
at 5/. per cent.), unless such proprietor, within one 
month aftar sliding such notice, elect to convert this 
obligation into shares at par, and to become a share- 
holder to that amount. 

^< 5. The proprietor of this obligation will be pe^ 
mitted to attend all meetings of the company. 

" In addition to these indorsements there might foe 
added a clause, in the words of Lord Eldon in Ex parte 
Langdale, (18 Yes. 800), to the effect that the bond- 
holder shall not have any claim upon the profits, or the 
application of them, beyond the claim of an ordinaiy 
creditor," 

Unless there is a distinction between paying labour 
by a sum equivalent to a share of profits, and pa^g 
for the loan of money on the same principle, there 
seems much to be said in fi&vour of these convertible 
bonds as modes of giving profits without partnership* 
As, however, they are new, few would, of course, like 
to trust to their validity, for the purpose in question, 
until the point has been decided, in tne meantime,^ 
recommend our readers, interested in questions of joint- 
stock liabilities^ to peruse the brochure from which we 
have quoted, where they will find the reasoning of the 
learned writer upon the authorities, in favour of the 
plan suggested. 

COURT OF EXCHEQUER. 

SiTTINOS AFTER HiLART TbBM.— 15 ViCT.— -P<^. 9, 1862. 

This Court will hold a sittmg on Saturday, the 2l8t 
day of February instant, and wul at such sitting gi^® 
judgment in all matters then standing for judgment. 

J. Pabxb. 

E. H. AXDSBSOM. 

T. J. Platt. 
Sahxtsl Mabtin. 



Masters in Chancery.— The Lord Chancellor has 
appointed the following gentlemen to be Masters Ex- 
traordininy in the High Court of Chancery :— Anihony 
Berwick Wore, of W&on, Cumberland ; George BM«*' 
full the younger, of Brighton. ' 



THE JURIST. 



39 



CHANCERY REFORM. 

The following is the stimmary of the recoxmnenda- 
tioiifl contained in first Report of the Chancery Com- 
mifldoners: — 

We have reeerred the important subject of the juris- 
diction of the Court for a further report, but have stated 
our opinion, that the jurisdiction both of Courts of law 
and Courts of equity should be extended so as to ren- 
der each Court competent to administer complete jus- 
tice in all matters within its cognisance, without resort 
to the aid of the other* 

In administration suits we recommend — 

That any creditor or legatee, whether specific, necu- 
niory, or residuary, and also the next of kin ot any 
dee^sed party, should be at liberty, without any pre- 
liminary pleading or other proceedings, to apply to a 
judge sitting at chambers, for a summary order ror the 
administration of the personal estate of a deceased per- 
son as against the personal representative. 

That the sapie summary method should be applied to 
nel estate where there are trustees competent to repre- 
aent the whole real estate. 

That the same mode of proceeding should be adopted 
in other eases in the administration of real estate, for 
the nayment of debts or legacies, if the L^islature 
should accede to our recommendation of providing a 
representative, with the same power of representing and 
doJing with real estate as the executor has in respect 
of the personal estate ; 

But that the judge should have a large discretion 
as to granting or refusing the summary order, and as 
to the special directions which he may think fit to 
give for its carriage and execution. 

We propose to reduce the number of parties to suits 
by the following regulations: — 

That one residuary legatee or next of kin, and one 
legatee, or other person entitled to a eharffe on real 
estate, and one devisee, or one of several co-heirs, may 
respectively institute suits for the administration of per- 
sonal estate or real estate, and obtain a decree without 
sarviog the other parties having a like interest. 

That the same rule be applicable to one of several 
ontuis que trust, seeking the execution of trusts under 
any deed or instrument. 

That an executor, or administrator, or trustee, may, 
in like manner, sue one of several legatees, next of kin, 
or cestui que trust. 

^ That in all suits for the protection of property during 
litigation, or to restrain acts in the nature of waste, any 
nenon mav sue on behalf of himself and all others 
having a like interest. 

The Court is, in aU cases, to have power to require 
other parties to be served, and notice of the decree is to 
he given to the persons who would be necessary parties 
to die suit at present, and they are thereupon to be at 
liberty, on an order of ^ course, to attend proceedings 
before the Master, and also are to be. bound bytne 
TOOceedings, after notice, whether they attend or not. 
Within a limited time parties upon whom notice is 
served may apply to the Court to add to the decree. 

That trustees, in whom real and personal estate is 
rested, shall represent their cestui que trust in the 
same manner and to the same extent as executors in 
suits as to the personal estate represent the parties be- 
neficially interested. ^ 

That it shall never be necessary to take out admi- 
nistration ad litem, but that where there is no personal 
representative the Court may either proceed without 
one, or appoint a person to represent the estate of the 
deceased, giving notice, if it think fit, to any person 
interested. 

We recommend — ^That in foreclosure suits the Court 
may always direct a sale at the instance of the mort- 
3 



gagee, on such terms as the Court may think fit to 
direct ; and also at the request of the mortgagor, on his 
making a deposit, and on such other terms as the 
Court may think fit. 

That misjoinder of pkintiifs be no longer a ground 
for dismissing the suit. 

That the Court may adjudicate upon and declare 
rights without requiring the whole oi the trusts of a 
will or settlement to be executed, and without taking 
the accounts ; and that it should no longer be an objec- 
tion to a suit that it seeks a decree mer^y declaratory. 

That the practice of setting down a cause merely on 
an objection as to parties should be abolished. 

We recommend — 1. The total abolition of bills of 
revivor, and an abolition of such bills of supplement as 
are now required merely for the purpose of bringing 
further parties before the Court, in consequence of any 
interest having accrued or having been transmitted to 
such parties. 

2. The abolition of all supplemental suits now ren- 
dered necessary by the nile, tnat matters which have 
occurred subsequent to the date of the filing of the 
bill cannot be introduced by amendment ; and we pro- 
pose that they should be introduced by amendment. 

We recommend — That the exbting system of exa- 
mining witnesses upon written interrogatories should 
be abolished. 

That affidavit evidence should in general be admis- 
sible. 

That rules should be made to prevent the prolixity 
and multiplication of affidavits. 

That any party should have a right to have the 
witness produced for viv& voce examination. 

That either party should have power to compel wit- 
nesses to give evidence in any proceeding. 

That affidavits may, upon all interlocutory applica- 
tions, be read against tne answer, which should be 
regarded in such cases as an affidavit only. 

That when witnesses^ are examined vivft. voce it 
should be before a competent person, in the presence 
of both parties, and that the examination and cross- 
examination should be by the parties, or their counsel 
or agents. 

That the statement of the witness shonld be reduced 
into writing by the examining officer in the form of a 
narrative, and read over to the witness in the presence 
of the parties, and signed bv him. 

That the Court should afways have power to call for 
and examine, or require the examination of any witness. 

That the iurisdiction of the Court of Chancery, of 
compelling aiscovery in aid of actions at law actually, 
commenced, or in defence to such actions, should be 
transferred to the Courts of common law, and that the 
common injunction should be abolished. 

That the injunction to stav proceedings at law upon 
the merits of the case may be moved for as a special 
injunction. 

That the bill containing a concise narrative of the 
material facts and circumstances on which the plaintiff 
relies should be retained as the ordinary basb of the 
proceedings. 

That the bill or claim should in future be printed, 
and that a printed copy should be filed with the proper 
officer, instead of the ingrossment. 

That a print of tlie bill or claim should be served on 
every defendant in lieu of serving a writ of subpoena or 
writ of summons, which writs should be abolished. 

That the print served on each defendant should have 
an indorsement addressed to the defendant to the samo 
effect as the present writ of subpoena or writ of sum- 
mons, and should be stamped bv the officer with a 
proper stamp, indicating that the bill or claim has been 

That in order to provide for cases of urgency, the 
officer of the Court should be empowered to receive a 



40 



THE JURIST. 



written copy of the bill or claim, upon the undevtakinj; 
of the plaintiff's solicitor to tile a printed copy within 
a time to be limited. 

That when it is necessary to amend the bill or claim, 
a reprint of the whole, or pai*t, should be made, except 
in those cases where, from the limited extent of the 
amendment, they could conveniently be made on the 
printed copy. 

That a bill should not contain any interrogatories, 
but that, when an answer is required from any defend- 
ant, the interrogatories, duly authenticated, should be 
delivered to the defendant, from whom an answer is 
required, or his solicitor, within a limited time after 
appearance. 

That it should not be necessary for any defendant to 
answer the bill, unless interrogatories are delivered for 
his examination. 

That where the plaintiff does not require an answer 
from the defendant, the defendant should, nevertheless, 
be at liberty, without leave of the Court, to put in a 
plea or answer to the bill, within the ordinary time 
allowed by the Court for that purpose. 

That after the ordinary time allowed by the rules of 
tlie Court for answering, a defendant, not required to 
answer, should not be at liberty to put in an answer 
without leave from the Court, to bo obtained by appli- 
cation to a judge at chambers. 

If the judge should extend the time for answering, 
the plaintiff's i-ight to move for a decree should in the 
meantime be suspended. 

That the time allowed for answering as of course 
should be much shorter than at present, but with 
power to a judge at chambers to enlarge it on the 
application of a defendant. 

That the answer should still be the answer to the bill 
containing the defendant's defence as at present, and 
not merely an examination on the interrogatories. 

That it should be open to a plaintiff, at any time after 
the expiration of the time allowed for answering, to 
move upon affidavit, and upon proper notice, for such 
order or decree as he may think himself entitled to. 
That such a motion should be allowed to be made at 
any time before replication ; and if made after answer, 
the answer should, for the purposes of the motion, be 
treated as an affidavit. 

That it should be discretionary with the Court to 
grant or refuse the motion for a decree, or to make an 
order giving such directions for the future prosecution 
of the suit as the circumstances of the case might 
reouire. 

That in those cases in which the plaintiff may not 
require an answer from the defendant, he should still 
be at liberty to obtain the production of documents in 
the defendant's custody or power, by application to u 
judge at chambers. 

That tlie defendant should also be at liberty to apply 
to a judge for an order against the plaintiff for produc- 
tion of documents in those cases in which he has been 
served with notice of motion for a decree. 

That a similar practice as to production of docu- 
ments should be adopted in suits by claim. 

That the answer of a defendant should require no 
further or other formality than is required in the 
swearing and filing of an affidavit. 

That the defendant, after he has put in his answer, 
should be at liberty to deliver interrogatories for the 
examination of the plaintiff, and to procure orders for 
production of documents by him. 

That when the cause is not disposed of upon motion, 
it should be put at issue as at present, except that the 
foi-m of replication should be altered to meet the case of 
a defendant who has not been required to answer, and 
has not answered. 

That when the cause is at issue, the plaintiff should, 
wUhin a limited time, give notice to the defendant 



whether he means to proceed by oral evidence or by 
affidavit ; and -unless the defendants, or one of them, 
should, within a limited time afterwards, give notice 
that they or he desire the evidence to be oral, both 
parties should be at liberty to verify their case by 
affidavit. 

That where the evidence is to be oral, it should be 
taken by the proper officer in London or the country. 

That no commission is to be issued, the appointmeut 
being authenticated by the signature of the judge. 

That a power should be given to the Court to direct 
the examinmg officer in London to take evidence m 
the country. 

That the evidence, being completed, should be trans- 
mitted to the Record-ofiice by the officer, and authenti- 
cated by his signature, to be preserved and referred to, 
if necessary ; but the parties should be under no obli- 

fation to take office copies of such evidence. That a 
ay should be fixed for completing such evidence, 
correspunding with the time now prescribed for passing 
publication. 

That notwithstanding the election of the plaintiff or 
defendant to proceed by oral evidence, affidavits of par- 
ticular witnesses, or affidavits us to particular facts, 
may by consent be admitted and used ; and that sncli 
consent may be given on behalf of married women, 
infants, and other persons under disability. 

That where the parties proceed by affidavit, a day 
should be fixed for filing the affidavits on both flides, 
and no affidavit should be afterwards permitted nnieas 
by special leave of the Court. 

Tiiat either party should (at his expense in the fiist 
instance) be at liberty, within a limited time after- 
wards, to cause any deponent to be produced for cross- 
examination and i-e-examination y'lvk voce. 

That the practice of the Court of Chancery sending 
cases for the opinion of a Court of law should be dis- 
continued. 

That the Court of Chancery should itself decide and 
• ascertain questions of law and fact, necessary for the 
decision of a question on which the right of a plaintiff 
suing in that court might depend, using for that pur- 
pose, when required, its power of submitting any qoes- 
tion of fact to a jury, by means of an issue* 

In lieu of the present proceedings in the Jliaitoa^ 
offices, we recommend a course of proceeding which 
would render it unnecessaiy to retain the office of a 
Master in Chancery. 

We recommend that the Court itself should deter- 
mine many matters which are now referred for inquiry 
to the Master. 

That the judges of the court should sit at chambers, 
for the purpose of disposing of such matters as cannot 
be conveniently disposed of in open court. 

That officers should be attached to the several courts, 
to perform the duties now usually performed by the 
Masters' chief clerks, and that such officers should also 
be employed in verifying the facts stated in petitions, 
and in making inquiries for the guidance of the judge, 
who would then, in many cases, be enabled to act 
without the formality of a report. 

That in cases where, as, for instance, in the invest- 
ment of ti-ust monies on mortgage by the Court, the 
Master has been in the habit of referring the title to 
some conveyancing counsel, the Court should receive 
the opinion of counsel. 

That in cases of s])ecific performance, as soon as it is 
ascertained that the Court will direct a performance of 
the contract, if the title be good, the part;^ objecting to 
tlie title sliould be bound to specify his ol)jections; and 
that these objections should be ai^ued before the Court. 

With regard to the t^kin^ of accounts, we propose 
that the mode of proceeding oy charge and discharge, 
and states of facts, should be discontinued; and tl^atthe 
accounting party should bring in his statenvnt'Of «c* 



THE JUEIST. 



41 



count, and furnish a copy to the opposite party, and that 
it should be at once proceeded upon before the officer, 
and, as fur as practicable, continuously. 

That the accounts, when settled, should be kept in 
the office for the purpose of reference, and should not 
be annexed to the report by way of schedule. 

That the Court should have power to give special 
directions in certain cases, such as where accounts are 
direeted, after a lon^ lapse of time, in order to obviate 
the liardship of taking such accounts in strict judicial 
fonn ; and that iu some cases, particularly in partner- 
ships and mercantile cases, the book of accounts should 
be allowed to be taken as prim& facie evidence of the 
aeeoimt. 

We suggest tiiat the Court should be empowered to 
make references, in suitable cases, to merchants, account- 
ants, ennneers, actuaries, and other scientifio or pro- 
feaaional persons, as officers of the court pro h&c vice. 

Oar recommendations, on the method of proceeding 
in references generally, are to the following effect :<— 

The total abolition of the system of warrants* 

The discontinuance of states of facts and charges, ex- 
cept in special cases, where a concise statement might 
beneocasaiy. 

The abolition of office copies, and the substitution of 
copies furnished by solicitors. 

That reports should merely state the order of refe- 
rence, and the conclusion noon it. 

That the officer should be at liberty to certify any 
matter specially to the Court, pending an inquiry, in 
order to obtain a decision for his guidance in the fur- 
ther prosecution. 

That the Court should fix a time, in the order of 
ne^renee, within which the officer should state what 
had been completed, and what remained incomplete, 
&nd why. 

That the practice of objecting to the draft of a report 
should be abolished. 

That in all cases now requiring a petition for leave 
to except, a party should be at liberty at once to except 
to a report. 

That the Court should abstain, as far as is practi- 
cable, from referring it back to the officer to review 
lus report, and instead thereof should itself decide tiie 
iBM»eil|n ditpote. 

We recommend, as to the continuance of Masters, 
that if our suggestions be adopted, no vacancy should 
be filled up, but that the arrears of business under 
]>ending references should be ascertained, and a compe- 
tent iiuml)er of Masters retained for a limited time to 
dispatch them. 

UPON THE EXEMPTION FROM DISCLOSURE 
OF MATTERS COMMUNICATED IN PROFES- 
SIONAL CONFIDENCE. 

{Comtwtitdfrom p, 31). 
In reply to these aiguments, it may be inquired how 
tSie plaintiff's right to a discovery from the defend- 
ant can be prejudiced or infringed upon by the latter 
being permitted to withhold from the former, com- 
mnmcations or admissions made by him to his legal 
adriaer, for legal advice, either in defence of, or for Uie 
purpose of enforcing, his legal rights, as opposed to 
those of the individual suing him. If the plaintiff is 
entitled to a discovery from the defendant of the facts 
embodied or the documents set forth in the communi- 
cations or admissions made to his legal adviser, in what 
mamier are his rights prejudiced in consequence of the 
defendant having stated those facts or documents to a 
third party for a legitimate purpose? The plaintiff is 
still entitled to wring the conscience of the defendant, 
by requiring him to disolose upon oath the whole truth 
Qf«li the tevehmt facts in question ; and how can it be 



said that the plaintiff's right to such discovery is neces- 
sarily infringed upon by holding, that if the defendant 
makes any communications or admissions respecting 
those facts to hb legal adviser, for purposes which are 
essential to the assertion or maintenance of his legal 
rights, and for those purposes only, he sliall be allowed 
to withhold from his opponent an inspection of the 
communications or admissions so made, and which, but 
for the necessity of the case, never would have been 
made, and if not made, could not, of course, have been 
subjected to his inspection? May it not, indeed, be 
asked, whether the light of discovery does not become 
the means of oppression and injustice, when a plain- 
tiff seeks, in effect, through it, to deprive his opponent 
of the only means the latter has, namely, that of pro- 
fessional assistance, of maintaining or obtaining his legal 
rights, without the liability of having the materials 
of his defence disclosed to the adverse party ? As to 
cases of fraud, it is difficult to conceive how the posi- 
tion of a party guiltjr of it is improved, or the right of 
a party injured by it infringed upon, by the guilty 
party being permitted to withhold from the other the 
fact of an admission of his miilt having been made to 
his legal adviser ; for it would certainly seem that the 
complaining party's right is, at least, as likely to be 
established by requiring the ^ilty man, on oath, to 
answer whether he had committed the imputed fraud 
or not, as by requiring him to answer whether or not 
he has made an admission of his guilt to a third party. 

'* If it be said," remarked Lora Brougham in BoUcn^ 
r.pe Cwrporatum ofLiverpooly (1 My. & K. 94), <' that 
this Court compels the disclosure of whatever a party has 
at any time said respecting his case — ^nay, even wrings 
his conscience to disclose his belief— the answer is, that 
admissions not made, or thoughts not communicated, 
to professional advisers, are net estemtial to the security 
afmenCe rights in courts ^justice. Proceedings for this 
purpose can be ecnductci in fidl perfection without the 
par^ informing any one of his case except his legal ad-- 
visers; hut without such communication no person can 
safely come into court either to obtain redress or to defend 
himseffJ^* And again, in another case, (Greenough v. 
Oasiell, I My. & K. 101), the same learned Judge 
observes—'^' lo compel a party himself to answer upon 
oath, even as to his beliei or thoughts, is one things* 
nay, to compel him to disclose what he has written or 
spoken to others, not being his professiottal advisers, la 
competent to the party seeking the discovery, far suck 
communications are not necessary to the conduct of judicial 
business; and the defence or prosecution ofmen*s rights bu 
the aid of skilful persons, to force from the jMriy himself 
the production of communications made by him to profss* 
sicnal men, seems inconsistent with the possibility of an 
ignorant man safely resorting toprofessumal advice, and 
can only be justified if the authority of decided cases 
warrants it." 

** The discovery and vindication and establishment of 
truth," said Knight Bruce, V. C, in Pearse v. Pearse, 
(1 De G. & S. 28), '* are main purposes certainly of 
the existence of courts of justice; still, for the obtain* 
ing of these objects, which, however valuable and im- 
portant, cannot usefully be pursued without moderation 
—cannot be either usefiiUy or creditably pursued un- 
fairly, or gained by unfair means — ^not every channel b 
or ought to be open to them. Truth, like all other 
good things, may be loved unwisely, may be pursued 
too keenly, may cost too much ; and surely the mean- 
ness and the mischief of pryine into a man's confidential 
consultations with his legal aaviser, the general evil of 
infusing reserve and dissimulation, uneasiness and sus' 
pidon andfear,into those communications, which must tale 
place, and which, unless in a condition ofperfsct security, 
must take place uselessly or worse, are too great a price 
to pay for truth itself." 

RadcH/e v. Ikirsman (2 Bro. ?• C. 514) is commonly 



42 



THE JURIST. 



referred to as the leading caee upon tlie subject of pro- 
tecting from disclosnre, at the suit of an adverse pfurty, 
communications which pass in professional confidence 
between a person and his legal adviser. That case was 
decided in the House of Loras in 1730, on appeal from 
a decision of Lord King's. The respondent, Martha 
Forsman, a married woman, by her next friend, filed 
her bill against the appellant for the recovery of a 
legacy and two bond debts, (settled to her separate use), 
thd payment of which had been secured by a term of 
vears created in real estates of lam value, and vested 
in trustees, of the last survivor ot whom the appeUant 
was the legal personal representative, as well as the 
legal personal representative of the original trustee of 
the bonds, and heir-at-law of the real estates, in which 
the term of years, before mentioned, for the payment of 
the legacy and bond debts had been created. The bill 
diareed that the appellant well knew, or believed, that 
the oonds were never paid, and, as a demonstration 
thereof, that the appellant himself, or some person on 
his behalf, so declared or stated in some case for the 
opinion of some counsel, and then consulted whether 
length of time would not prejudice the respondent's 
right to the said bonds. The bill, therefore, required a 
particular discovery of these frusts, and that the case 
might be set forth in hso verba. The appellant demur- 
red to as much of the bill as required him to set forth 
the case, the name of the counsel, and the opinion given, 
on the ground that the respondent was not entitled to 
any such discovery, and that the opinion was taken for 
the appellant's own private use and satisfaction. Lord 
King having overruled the demurrer as to setting forth 
the case, and allowed it as to all other matters, the 
appellant appealed from so much of the order as over- 
ruled the first part of his demurrer, but the House of 
Lords dismissed the appeaL 

Neither the grounds of Lord King's decision in this 
ease, nor those upon which the House of Lords affirmed 
it, are known to us, and the difficulty of accounting 
for it is much increased by the fact that the demurrer 
was overruled only upon one of the three points it 
embraced, and allowed as to the other two, but which, 
however, as there was no cross appeal upon them, stand 
unaffected by the authority of a decision of the House 
of Lords. Had the demurrer been allowed, or over- 
ruled generally, the decision would certainly have been 
more comprehensible than now, when it involves the 
necessity of accounting for the distinction between the 
privilege allowed of withholding the opinion given upon 
a certain state of facts, and the compulsory disclosure 
of the facts stated for the purpose of obtaining that 
opinion. Whether Lord King and the House of Lords 
intended to decide, as has been sometimes supposed, 
that an admission of fiacts made in a case for the 
opinion of counsel could not be withheld, on the 
ground of privilege, from a party seeking a disco- 
very of these facts, which, it is hardly necessary 
to remark, would be, in effec^ to impugn the principle 
upon which the rule respecting privileged communi- 
cations has been established; or whether the decision 
proceeded, as seems most probable, on the ground upon 
which tiie respondent, in the reported argument in the 
House of Lords, sought, and that successfully, to main- 
tain the order appealed from, namely, that ** the state- 
ment of the said case was in an affiiir wherein the 
appellant was not merefy concerned in kit own righty but 
wu and iUll is a truatee for the respondent of the said 
bondSy and a trustee of the estates which are liable tope^ 
the same;" certain it is, as Wigram, V. C, recently 
remarked in Lord Walsingham v. Goodriekey (3 Hare, 
127), that the decision has been disapproved of by 
almost every judge under whose notice it has been 
brought, and it is only of late years that it appears to 
have been considered as having been determined on the 
ground of the fiducim-y character in which the appel- 



lant stood towards the respondent. (Lord Walsingham 
V. Chodrieisy 3 Hare, 122; Pearse v. Pearse. 1 De G. 
& S. 12 ). And supposing that to have been the ground 
upon wnich the demurrer was overruled upon the first 
point, the anomaly of allowing it upon the other two 
points yet remains to be accounted for; but, as it baa 
already been stated, these two pomts were not brought 
hv cross appeal under the consideration of the House 
of Lords, and consequentlv are not impressed with the 
high and conclusive autnority of a determination of 
their Lordships, and, being clearly opposed to later de- 
cisions, may be considered as overrulea. 

So considered, the case of BadcUfe v. Furs9usny or 
rather that part of it which was adjudicated upon by 
the House of Lords, is not only intelligible, but con- 
sistent with the present practice of the Court req>ecting 
cases and opinions of counsel taken by a trustee, ( W'oo& 
V. WoodSy 4 Hare, 83; see the judgment of Knight 
Bruce, V. C, in Pearse ▼. Pearse^ 1 De G. & S. 12; 
Brown v. OakshoUy 12 Beav. 252), namely, that the ces- 
tui que trust is entitled to call for the production of 
them when taken on his behalf, and paid for out of 
the trust fund, but not when taken on the trustee's own 
behalf adversely to the cestui que trust, which, it must 
be observed, the demurrer in Kaddiffe v. Fnrsmain did 
not allege to have been the fsuci in that case. In one 
instance, where a trustee acted as solicitor for one ces- 
tui que trust in a dispute with another cestui que trust 
respecting trust matters, it was held that communica- 
tions between the solicitor and client (the trustee and 
one cestui que trust) were not privileged from prodoe-^ 
tion as against the other cestui que trust. ( lugwell t. 
HiMfer^ 10 Beav. 348). 

Excepting, therefore, as to the case of a person under 
a fiduciary obligation, seeking professional assistance oa 
behalf and at the expense of his beneficiaries ; and also 
that of a person having a community of ri^ht or of 
interest with any other person ; (Bichatxls v. jaeksony 13 
Yes. 472 ; see the judgment of Knight Bruce, Y. C, in 
Pearse v. Pearse, 1 De G. & S. 12; JVarde v. IVarde^ 

3 Mac. & G. 365); the rule of privilege is, that all eoa^ 
mumeations which taieplaee between a person and his legal 
advisory in the ordinary oomrse of professional buswess^ 
ory in other wordsy upon matters on which it is lawful for 
the one to ask and the other to give advieCy are exempted 
from disclosure or production as well in courts of law as 
of equity. (Herrnuf v. Clobergy 1 Ph. 91 ; Cromack y. 
irMtfAoof«,2Br. &B.4; Carpmaely.PwnsylVh.ei&^i 
Pearse v. Pearsoy 1 De G. & S. 12; Follett v. Jefiries, 
1 Sim,, N. S., 1 ; Ward v. Wardy Id. 15; Go^3m v. 
LittlSy Id. 155; Bussell v. Jacksony 15 Jur., part I, 
p. 1117). This rule has been but lately established, 
after considerable difference of opinion among the 
judges, and may be considered as the result of a great 
number of cases in which the subject-matter and 
extent of the rule have been discussed. 

For some time it was thought that Badcliffe v. Furs^ 
man conclusively decided, tiiat cases, or statements for 
the opinion of counsel, could not be withhoiden as pri- 
vileged communications. In Newton v. Beresfordy (1 
Younge, 337; PresUm v. Carry I Y. & J. 175), Lord 
Ljmdhnrst said, *^ It had been repeatedly decided that 
a defendant was bound to produce such documents;'* 
but the general rule of courts of justice, that what a 
client states to his solicitor cannot be used in evidenoe 
against him, would be of little worth indeed were it 
established, that if the solicitor put the client's state- 
ment into writing, and laid it before counsel in the form 
of a case^ it would, in that shape, be evidence against the 
client. It had, however, been decided ( Vmt v. Parrpy 

4 Russ. 190, 198 ; Garland v. Seotty 3 Sim. 396 ; Clagkt 
V. Phillipsy 2 Y. & C. C. C. 82; Glyn v. Caulfieldy 16 
Jur. 807 ; Wardc v. Wardsy 3 Mac. & G. 365) that 
letters and papers containing communications which 
had passed between a person and his legal advisers. 



THE JURIST. 



43 



either in the coaise of a siiit» or of a ditpnte whieh 
ended in litigatioii, weie protected from disdosare. 
AfienrmTds it was lliought theie was no difference be- 
tween the statements of a ease in a oorrespondenoe and 
the fltstements which were laid before oounsely in the 
finrn of a case, for their opinion, and that the principle 
moil which the former were priTilesed from produc- 
tion ec|aally applied to the latter; and consequently it 
was decided, that cases laid before counsel in the pro- 
gress of a cause, and prepared in anticipation of and 
with reference to an action or suit, ought not to be 
produced in that action or suit; (JBolion y. l%e €hrp<h 
mOmi^ Liverpool's Sim. 4ffl; S.C, 1 My.& K.88; 
Poane y. Peane, 1 De 6. & S. l\l; but that cases 
stated or laid before counsel before a siiit was instituted 
or anticipated, or before the existence o^ disputes which 
led to litigation, must be produced. (St&^y t. Lord G. 
LmmoX' 1 Kee. 341 ; S. C, 1 My. & C. d?S; Naas v. 
Ths Northern and Eaatem Railway Compaa^v^ 2 Kee. 
76; S. C, 3 My. & C. 355; Flighi v. Rofnnson^ 8 Beav. 
22). The rule of privilege as to the former class of 
cases was next extended to subsequent litigation on 
the same subject with other parties; or, in other words, 
it was held, that cases prepared in contemplation of 
litigation were privileged from production upon subse- 
quent litigation on the same subject with other par- 
ties. {Knigki Y. The Marquis of Watorford, 2 Y.&C. 
38; Combe v. The Gorporatian o/Londan^ 1 Y. & C. C. 
C. 631); and at leneth it was determined, that any 
restriction of the rule of privilege to communications 
taldng place, either in the course of a suit, or of a dis- 
pute which ended in Htigation, was not consistent with, 
and not founded upon, any sound principle, as it is 
of SB much importance that communications between a 
solicitor and client, with respect to the state of the 
client's property or his title or his liabilities^ or for 
legal advice in ordinary transactions, should be pro- 
tected, as that protection should be afforded to commn- 
nicatioiis made in the progress of or in contemplation of 
actual litigation ; and m order that such communications 
ahould be free and unfettered, public policv reouires 
that they should be privileged; and Lord Lyndhurst 
accordingly laid down the rule, that where an attorney 
18 employed by a client proferaionallv to transact pro- 
frwaoual business, all toe communications that pass 
between the client and the attorney in the course and 
for the purpose of that business, are privileged commu- 
nications. (Herring v. Clobeiyj 1 Fh. 91 ; ClageU v. 
Piit2ajpw,2Y.&C.C.C.82; Wahmghamy.Goodrieke, 
3 Hare, 122; Reece v. TryOy 9 Beav. 316; Pearee v. 
Pearwe^ 1 De G. & S. 12; Penruddoei v. Hammond^ 11 
Bear.58; fFarder. fFwrde^lSim^ N.S., 15; Holmes 
T.BaddeU^ylPh.4Al). 

The privUm, however, is that of the client, ( WHaon 
T. Baetaa^ 4 T. R. 759 ; Parkhursi v. ZowCm, 2 Swanst. 
316; Sand/ord v. RemmaUmf 2 Ves. jun. 189 ; Herring 
T. Clobery^ 1 Ph. 91), although it extends in a different 
degree to the adviser, who will not be permitted to 
diiKloee matters of professional confidence against his 
cUent'a will, and cannot be compelled to do so; he is 
not only justified, but he is bound to withhold them; 
{Grsmumgh v. GaskeU^ 1 My. & K. 98; Janes v. Pughy 
1 Ph. 96; Lewis v. Smithy 1 Mac. & G. 417; Wilson 
V. RastaUy^ T. R. 759 ; Sirat/ord v. Hagan^ 2 Br. & B. 
164; Beer v. Wordy Jac. 77: aee ako Earl C^olman- 
delgF V. Lord Clinton^ 19 Ves. 261); and unless the 
• client waives the benefit of the privilege. Courts of jus- 
tice are bound to consider profesrional communications 
(fidling within the rule) as if they never had been 
made. (Chant v. Brown, 7 Hare, 79; Wilson ▼. Ras' 
taUy 4 T. R. 759). 

And therefore, where an attorney, who had been 
emploved in, but dismissed before the trial of, a cause, 
tSena to give evidence, at the trial, of what he knew 
xelatiTe to the subject while he was concerned as attor- 



ney, Buller, J., after strongly animadverting upon 
his conduct, would not allow him to be examined; 
( Wilson V. RastaUy 4 T. R. 759); and in another 
case, {Lewis v. SmOhy 1 Mac. & G. 417; see also JBarl 
Chokianddey r. Lord Cliniony 19 Ves. 261; Beer v. 
Wardy Jac. 77; Davis v. Cloughy 8 Sim. 262; Loihey^ 
Prichard, 15 Jur. 1147), where the attornies of the 
plaintiff, who was one of the provisional committeemen 
of an a1x>rtive railway company, had communicated to 
a creditor of the company vanous letters, documents, 
and matters of evidence which had come into their poa* 
sesrion in the course of their professional employment as 
solicitors of the projected company, for the purpose of 
enabling him to establish the plamtiff's liability to his 
demand at law, the late Vice- Chancellor of England re- 
strained the solicitors, bv injunction, from communi- 
catinff or disclosing to the creditor any facts, matters, 
and documents, concerning the rights, interests, and lia- 
bilities of the plaintiff, which had come to their know- 
ledge or possession in their professional capacity; and in 
like manner restrained the creditor from using against 
the plaintiff any of the evidence which had been so 
communicated to him; and the order for thb injunction 
was affirmed, on appeal, by Lord Cottenham. 
(7b be eontmued). 

liOnQon <SBHttt». 

FRIDAY, Februabt 6. 
BANKRUPTS. 

ALEXANDER BOOTH, late of Long-acre, Middlesex, 
importer of and dealer in Scotch whisky, Scotch ales and 
beer, and general spirit dealer, bat now residing at St. 
MaryVsqaare, Lambeth, Sorrey, out of business, (formerly 
in partnership with George Bennett, under the style or firm 
of Bennett & Booth), Feb. 17 at half-past 12, and March 16 
at 11, Court of Baakmptcy, London: Off. Am. Johnson; 
Sol. Lington, 10, Staple-mn.— Petition filed Feb. 4. 

LEWIS DAVIES, Canton-st., Beat India-road, Middlesex, 
shipowner, dealer and chapman* Feb. 13 and March 18 at 
11, Court of BankraptOT, London: Off. Au. Bell; Sols. 
Messrs. Linklater, 17, Sise-lsne, London.— Petition filed 
Jan. 26. 

GEORGE EDWARD NOONE, Shepberd'a-bnah.market, 
Notting-hiU, Middlesex, ironmonger, dealer and chapman, 
Feb. 12 and March 11 at 2, Court of Bankruptcy, London : 
Off. Am. Johnson; SoL Gant, 37, Nicholaa-lane. — Pedtioa 
filed Jan. 26. 

JOSHUA CHARLES FOSTER, CIub.row, Chnroh-street, 
Shorediteh, and New Glonoester-plaee, Hoxton, Middlesex, 
timber merchant, dealer and chapman, Feb. 20 and 
Msreh 25 at 12, Court of Bankruptqr» London: Off. Am. 
Johnson; Sol. Brown, 21, Finsbury-plsoe. — Petition filed 
Feb. 3. 

AMBROSE CROSHAW, Park-road, HoDoway, Middlesex, 
brickmaker, Feb. 20 at 11, and March 16 at 12, Court of 
Bankruptcy, London: Off. Am. Johnson; Sol. Taylor^ 
15, Sonth-st., Finsbury.— Petition filed Feb. 5. 

DANIEL PUGSLEY, Bread-sL, Cheapside, London, ware- 
houseman, dealer and chapman, Feb. 19 at half-past 12, 
and March 25 at 11, Court of Bankruptcy, London: Off. 
AaSb Johnson ; Sols. Reid & Co., Bread-st., Cheapside. — 
Petition filed Feb. 5. 

WILLIAM WALKER and STEPHEN WEBB, Oxford. 
St., St. Marylebone, Middlesex, India rubber warehouMmen^ 
dealera and chapmen, (trading under the firm or style of 
Walker & Webb), Feb. 21 and March 27 at 11, Court of 
Bankruptcy, London: Off. Am. Pennell; Soli. Davis & 
Co., 19, Warwick-street, Regent-street. — Petition dated 
Feb. 3. 

MOSES LOCKWOOD, Wsndswortfa, Surrey, grocer and 
cheesemonger, Feb. 13 at 1, and March 19 at 12, Court of 
Bankruptcy, London: OIL Ass. Stansfeld; SoL Wellbome, 
31, Tooley-*^-! Sonthwark.— Petition filed Feb. 2. 

WILLIAM GOSLING, Woolwich, Kent, ironmonger and 
builder, Feb. 17 and Maroh 23 at half-past 11, Court of 
Bankruptcy, London: Off. Am. Graham; Sol. Hughes, 
10, ChsveUstreet, Bedford.row.^Petition filed Feb. 4. 



44 



THE JURIST. 



JAMBS FERRY SILBY, Poole, timber merchant, dealer 
and chapman, (trading under the firm or style of James 
Ferry Silby & Co.). Feb. 21 at half-past 1, and March 27 
at 12, Coort of BankrapCcy, London : Off. Ass. Nicholson ; 
Sols. Aldridge, Poole: Skilbeck & Hall, 17, Southampton- 
baildings." Petition dated Jan. 22. 
WILLIAM HORTON, High-street. Islington, Middlesex, 
grocer, Feb. 13 and March 19 at 11, Court of Bankruptcy, 
London: Off. Ass. Cannan; Sols. Lawrance & Co., 14, 
Old Jewry. chambers. Old Jewry, London. — Petition dated 
Feb. 2. 
ENOCH JOSHUA BURFORD, Bermondsey- square, Sur- 
rey, salt merchant and drysalter, dealer and chapman, 
(trading under the firm and style of £. I. Burford & Son, 
salt merchants and drysalters), Feb. 16 at 1, and March 16 
at 12, Court of Bankruptcy, London : Off. Ass. Edwards : 
Sol. Thompson, 18, Sise-lane, Bucklersbury. — Petition filed 
Feb. 4. 
JAMES MILLARD, Reading, Berkshire, coppersmith, 
brazier, tinman, and ironmonger, dealer and chapman, 
Feb. 16 at 12, and March 16 at 11, Court of Bankruptcy, 
London : Off. Asa. Groom ; Sols. Whatley & Dryland, 
Reading, Berkshire ; Sudlows & Co., 38, Bedford -row, 
London. — Petition filed Feb. 3. 
JOHN HURLEY, Birmingham, linendraper, dealer and 
chapman, Feb. 24 at 2, and March 23 at 11, Court of Bank- 
ruptcy, London : Off. Ass. Groom ; Sols. Motteram & Co., 
Birmingham ; Depree, 9, Lawrence-lane, Cheapside, Lon- 
don.— Petition dated Jan. 16. 
WILLIAM WORLEY, Smethwick, Staffordshire, licensed 
victualler, Feb. 18 and March 10 at half-past 11, District 
Court of Bankruptcy, Birmingham : Off. Ass. Valpy ; Sola. 
Holland, West Bromwich; Hodgson, Birmingham. — Petition 
dated Feb. 2. 
EDWARD LOWE, Bristol, toy dealer and turner, dealer 
and chapman, Feb. 17 and March 16 at 11, District Court 
of Bankruptcy, Bristol : Off. Ass. Hutton ; Sols. Crosby & 
Compton, 3, Church-court, Old Jewry, London. — Petition 
filed Feb. 2. 
JOHN FORD and JOSEPH ALFRED HADFIELD, 
Charlestown Mills, Glossop, Derbyshire, paper manufac- 
turers, Feb. 18 and March 11 at 11, District Court of 
Bankruptcy, Manchester: Off. Ass. Mackensie; Sol. 
Heath, Manchester.— Petition filed Feb. 4. 
BENJAMIN HOLMES the younger, Bradford, Yorkahlse, 
cattle salesman and cowkeeper, dealer and chapman, Feb. 23 
and March 16 at 11, District Court of Bankruptcy, Leeds : 
Off. Ass. Hope ; Sols. Pickup, Bradford ; Bond & Bar- 
wick, Leeds.— Petition dated Jan. 30. 
WILLIAM WTTTY, Louth, Lincolnshire, draper, Feb. 25 
and March 17 at 12, District Court of Bankruptcy, Hull : 
Off. Ass. Carrick ; Sols. Sale & Co., Manchester ; Richard- 
son & Co., Leeds.— Petition dated Jan. 30. 

Mbbtinos. 
John Watson Dawson and Thos. Edward Williams, Cre- 
scent-place, New Bridge-st., Blackfriars, London, wine mer- 
chants, Mareh 4 at 12, Court of Bankruptcy, London, and. 
ae. — Sarah Isherwood and Nieh. Thos. Isherwood, Ludgate- 
hill, London, house decorators, March 1 at 11, Court of Bank- 
ruptcy, London, aud. ac. ; March 4 at 11, div. — Jos, Mash, 
Colchester, Essex, draper, Feb. 24 at half-past 12, Court of 
Bankruptcy, London, aud. BC.^Thos. Jos, Lough and Chas. 
W, Lewis, Great St. Helen's, Bishopsnte-st. Within, London, 
drysalters, Feb. 26 at 11, Court of Bankruptcy, London, 
aud. ac.— JoAfi Bo/et , Highgate, and Rnchley- road, Middle- 
sex, plumber, Feb. 24 at 12, Court of Bankruptcy, London, 
aud. ac. — Hugh Clark, Cheshunt, Hertfordshire, and Bank- 
chambers, London, share broker, Feb. 26 at I , Court of Bank- 
ruptcy, London, aud. ac. — Wm, Jahn Miall, Ingram-court, 
Fenchurch-tt., London, and St. Peter's- terrace, Islington, 
Middlesex, cement manufacturer, Feb. 17 at 12, Court of 
Bankruptcy, London, aud. ac. — F^rank Castelli, Bury-court, 
St. Mary-axe, London, merchant, Feb. 17 at 11, Court of 
Bankruptcy, London, aud. ao. — Francisco FrandseowitM 
BraggiotH, Manchester, and Bury-court, St. Mary-axe, Lon- 
don, merchant, Feb. 17 at 12, Court of Bankruptcy, London, 
and. SiC^Prtderiek Oeale Monsarrat, Cheltenham, Glouces- 
tershire, wine merchant, Feb. 26 at 11, District Court of 
Bankruptcy, Bristol, aud. ac. ; Mardi 2 at 11, div.— /oAn 
Blater, Robert Bolton Wylde, and James Slater, Bradshaw, 
near Bolton-le-Moors, Lancashiref and Clayton Mills, near 



Manchester, Lancashire, bleaehers, Feb. 17 at 12, District 
Court of Bankruptcy, Manchester, aud. ac., and. March 2 at 
12, div. aep. est. of Robert Bolton Wptde and James Skttr, 
^John Pilling, Lancaster, innkeeper, Feb. 18 at 12, Diitrict 
Court of Bankruptcy, Manchester, aud. Bc—TAonuu Birch, 
Chorlton*upon-Medlock, Manchester, common brewer, Feb. 
19 at 12, District Court of Bankruptcy, Manchester, aud. ac. 
—John APBumie, Exeter, draper, Feb. 23 at 11, DUtrict 
Court of Bankruptcy, Exeter, aud. ac. ; March 3 at II, diT. 
^Jeremiah Smith, Rugeley, Staffordshire, scrivener, Feb. 28 
at half-past 10, District Court of Bankruptcy, Birmingham, 
aud. ac. — llkos. Birch, Broseley, Shropshire, coalmaster, 
Feb. 17 at half-paat 10. District Court of Bankruptcy, Bir- 
mingham, aud. ac— Aen. Morris, Stourbridge, Worcester- 
shire, grocer, Feb. 28 at half-past 10, District Court of Bank- 
ruptcy, Birmingham, and. ac.— /. Nelson Carpenter, Ear. 
disland, Herefordshire, miller, Feb. 17 at half-past 10, Dis- 
trict Court of Bankruptcy, Birmingham, and. ac.---Jote 
Fletcher, Netherton, Dudley, Worcestershire, pablicaa, 
March .1 at half-past 10, District Court of Bankruptcy, Bir- 
mingham, aud. ac. — Nathaniel Menee, Henwick, St. Cle- 
ment's, Worcestershire, porter brewer, March 2 at half-pait 
11, District Court of Bankruptcy, Birmingham, aud. ac. and 
dir.-^Richard Stat^ord and Benj. Lewis, Wednesbury, Staf- 
fordshire, engineers, Mardi 29 at half-past 11, District Coart 
of Bankruptcy, Birmingham, aud. ac. — Richard Fowkt, Wol- 
verhampton, Staffordshire, chemist, March 15 at half-past II, 
District Court of Bankruptcy, Birmingham, aud. ac— (reorye 
Mortimer Smith, Ironbridge, Sbropahire, bookseller, Mardi 
17 at half-paat 11, District Court of Bankruptcy, Birmingham, 
aud. ac. ; March 18 at half-past 11, fin. dit. — Wm. Gmen, 
Birkenhead and Poulton-eum-Spital, Cheshire, road maker, 
Feb. 19 at 11, District Court of Bankruptcy, Liverpool, aod. 
ac— /oAa Fleetwood, Liverpool, grocer, Feb. 19 at 11. Dis- 
trict Court of Bankruptcy, Liverpool, aud. Ac.—Thomt 
Ramsden, Liverpool, out of business, Feb. 19 at 11, District 
Court of Bankruptcy, Liverpool, aud. bc,— Thomas Carriek 
Perritt, Kingston-upon-HulI, money scrivener, Feb. 18 at 12, 
District Court of Bankruptcy, Kingston-upon-Hull, and. ac. 
-^Thos, Stephen Ourties, York-st., Westminster, Middlesei, 
cheesemonger, March 1 at 12, Coort of Bankruptcy, London, 
dlT.— /mN«f Kaye, Bridge-row Wharf, Pimlico, Middlesex, 
slate merchant, Feb. 27 at half-past 1, Court of Bankniptcf, 
London, aud. ac. — Geo. Nock and John Williams, Frith-st., 
Soho, Middlesex, goMsmiths, Feb. 27 at 1, Court of Bank- 
ruptqf, London, div. sep. est. of John Williams.—SsmMil 
Dixon, Leeds, Yorkshire, draper, Feb. 27 at half-past 1, 
Court of Bankruptcy, London, div.—Robert Miller Fiirba, 
Great St. Helen's, London, provision merchant, March 2 at 
1, Court of Bankruptcy, London, div. — Frederick Cornell, 
Halstead, Essex, ironmonger, March 2 at 12, Court of Bank- 
ruptcy, London, fin. div. — George Whitehead, Fleet-street, 
London, printer, and Boyle-st., Burlington-gardens, Middle- 
sex, scrivener, March 2 at 11, Court of Bankruptcy, LoodoQ, 
^r,— 'Nicholas Geary, St. James's-st., Piccadilly, and Ox* 
ford-st., Middlesex, staymaker, March 2 at 12, Court of Bank- 
ruptcy, London, div.— /oAn Dickemon, Walsall, Stafford- 
shire, merchant, Feb. 28 at half-past 10, District Court of 
Bankruptcy, Birmingham, aud. ac. ; March 1 at half-past 10, 
div.— rAos. Edwards, Bnrslem, Staffordshire, mannfactnier 
of earthenware, March 1 at half- past 10, District Court of 
Bankruptcy, Birmingham, third and fin. div. — Edward Hound 
and Wm. Round, Tipton, Warwickshire, timber merchants, 
Feb. 28 at half-past 10, District Court of Bankruptcy, Bir- 
mingham, second and fin. div. — John Courtney, Bristol, 
banker, March 1 at 11, District Court of Bankruptcy, Bristol, 
fin. div. — Thomas Atkinson, Leeds, Yorkshire, grocer, 
March 2 at 11, District Court of Bankruptcy, Leeds, div. 

GVBTIFICATSS. 

7b he allowed, unUes Cameo be shewn to the contrary oa or 
b^ere the Day (^Meeting, 
James Thomas Coulthred the younger and William Dyer, 
Lombard-street, Union-street, Southwark, whitelead makers, 
March 1 at 12, Court of Bankruptcy, hondon. — Donald 
Madeod, Ealing, Middlesex, dealer and chapman, Feb. 27 at 
half-past 11, Court of Bankruptcy, London. —/smes Forster, 
Liverpool, filter merchant, March 1 at 11, District Court of 
Bankruptcy, Liverpool. — Robert M*Kean, Liverpool, and 
Birkenhead, Cheshire, contracting engineer, March 1, District 
Court of Bankruptcy, Liverpool.— Vo An Sherwin, Liverpool, 
baker, March 2 at 11, District Court of Bankruptcy, Liver- 



THE J UK I ST. 



45 



pool. — Tkomag Atkinson^ Leeds, Yorkshire, grocer, March 2 
at lit District Couit of Bankruptcy, Leeds. 

TV be fprauted, huU*» an Appeal be duly entered, 

WitHam Davies, Walbrook, London, coal merchant. — Bd^ 
ward Mvana, Paddington-green, Middlesex, norseryman. — 
Arehibaid Sandi^ Coal Exchange, London, and Chatham, 
Kent, ooal fiictor. — E/y KiUon, Fenchurch« street, London, 
saddler. — George Walker, Philpot>Une, London, merchant. — 
Edward Ckurton, Holies-street, Cavendish -square, Middlesex, 
book&eller. — Alfred Moore, South-wharf, South-wharf-road, 
Paddington, Middlesex, stone merchant. — Thomas Avant, 
Bridport, Dorsetshire, music seller. 

Partxersrip Dissolvkd. 

Henry Atkinson Wildes, Henry Dudlow Wildes, and T^os. 
Perrior Fleetwood, Maidstone, Kent, attornies and solicitors, 
(canying on bosiuess under the style or firm of Wildes, Son, 
& Fleetwood). 

Scotch Sbqubstratiohs. 

TT. if P. Walker, Glasgotr, brass founders.— CAaWm 1^- 
deriek Parsons, Glasgow, tavern keeper. — David Millar, 
Glasgow, manufacturer. 

INSOLVENT DEBTORS 
Wh^ hmvejlled their Petitions in the Court i^f Bankruptcy, 
and have obtained an Interim Order for Protection from 



Henry Raphael, Bristol, dealer in cigars, Feb. 25 at 11, 
Coantj Court of Gloucestershire, at Bristol. — Wm, Clarke, 
Brittol, baker, March 3 at 11, Coonty Court of Gloucester- 
shire, at Bristol. — Thomas Brown, Bristol, assistant to a 
lioexued Tictnaller, Feb. 25 at II, County Court of Gloucester- 
shire, at ^ntXol,-^ Alfred Derham, Bristol, assistant to a 
draper, March 17 at 11, County Court of Gloncesterahire, at 
Bn%toh -^ Stephen Leurry, Stapelfield, Cuckfield, Sussex, 
hnckster. Feb. 26 at 12, County Court of Sussex, at Cnck- 
5eld.^J}gmd Clark, Woodham Ferris, Essex, builder, Feb. 24 
at 12, County Court of Essex, at Maldon.-*fFiii. Bridyer, 
Chicbefeter, Sussex, brewer's clerk, Feb. 18 at 10, County 
Coort of Sussex, at Chichester. — William Greenwood, Hob- 
stones, Colne, Lancashire, tin-plate worker, Feb. 25 at II, 
County Court of Lancashire, at Colne. — Charles Jebson, 
Halifax, Yorkshire, butcher, Feb. 20 at 10, County Court of 
Yorkshire, at Halifax. — John Knowles, Arundel, Sussex, 
wheelwrigbt, Feb. 21 at 10, County Court of Sussex, at 
AmndeL — Elisabeth Medea/f, Braintree, Essex, butcher, Feb. 
12 at 1 1 , County Court of Essex, at Braintree.— JoAn Cottiny^ 
ham, Harwich, Essex, plumber, Feb. 18 at 12, County Court 
of '^■ex, at Harwich. — Thomas Robert Morris, Bwlchgwyn, 
Caerhyn, Carnarvonshire, in no trade, March 15 at 11, County 
Court of Carnarvonshire, at Conway. — Evan Rees, Llanidloes, 
Montgomeryshire, gentleman, Feb. 17 at 10, County Court of 
Montgomeryshire, at Llanidloes. — William Wright the elder, 
Mepal, Isle of Ely, Cambridgeshire, farmer, Feb. 24 at 12, 
County Court of Cambridgeshire, at Ely. — John Abraham 
Murray^ Ramsgate, Kent, mariner, Feb. 14 at 10, County 
Court of Kent, at Ramsgate.— IVilliam Rousham, Leaming- 
ton Priors, Warwickshire, writing clerk, Feb. 23 at 2, County 
Court of Warwickshire, at Warwick. — Robert Moores, St. 
LAirrenoe, Isle of Thanet, Kent, out of business, Feb. 14 at 
m. County Court of Kent, at Ramsgate. — Edward Baines, 
Halifax, Yorkshire, saddle and harness maker, Feb. 20 at 10, 
County Court of Yorkshire, at Halifax. 

The foUotciny Persons, who, on their several Petitiotu filed 
In the Court, have obtained Interim Orders for Protection 
Jrom Process, are required to appear in Court as herein* 
aft» mantioned, at the Court-house, in Portuyal-street, 
lAnesHnU Inn, as follows, to be eaamined and dealt with 
aecordmy to the Statute: — 

F^. 20 a/ 11, before the Chiif Commissionbb. 
Wnmam Hen. White, Wapping-wall, ShadweU, Middlesex, 
Uoenaed victualler. — Georye Bolton Bolton, Nichol's-square, 
Hackney-road, Middlesex, attorney's clerk. — Henry Cox, 
Warwidc-plaoe, Warwick-road, Paddington, Middlesex, brick- 
layer. — Tkos. Rippon, Cold siath-square, Clerkenwell, Mid- 
dlesex, shoemaker. 

Feb. 20 at 10, b^ore Mr. Commissioner Law. 
Abraham Freeman, Tooiey- street. South wark, Surrey, 
wheelwright. — Douse Samuel Potts, North-street, Wbtte- 
ehafieUrMd, Middlesex, carver.— George Davis, Frederick* 
streett Ncckington-roid, BermondBey, Surrey, bricklayer. 



Feb. 21 a/ 11. before Mr. Commissioner Phillips. 

Henry Moore, Church- row, Kensington, Middlesex, grocer. 
— James Price, Warren-street, Islington, Middlesex, shopman 
to a cheesemonger. — Alfred John Weather ley, Cumberland- 
row, Islington -green, Middlesex, cheesemonger. — Wiliiitm 
Beman, Kinnorton- street, Beigrave-square, Middlesex, cab 
proprietor. 

Feb. 23 at 10, before Mr. Commissioner Law. 

Francis Rolls, Paradise-street, Lambeth-walk, Lambeth, 
Surrey, artificial flower maker. 

Feb. 23 a< 11 , b^ore Mr. Commissioner Phillips. 

John Woolley Hart, Manchester-terrace, Mill- wall. Poplar, 
Middlesex, eating-house keeper. — Hugh Jones, Thomas-st., 
Brook-street, Gros?enor-square, Middlesex, lodging-bouse 
keeper. 

TkefoUowiny P r is o ne r s art ordered to be brought up b^f^e 

the Court, in PortugaUstreet, to be estamined and dealt 

with according to the Statute g--^ 

Feb. 20 a/ II, btfore the Chikf Comuissioksr. 

Thomas Wells, Princes-road, Bermondsey, Surrey, out of 
business.- IZtcAard Waits, Little Portland-street, Regent- 
street, Middlesex, tailor. 

Feb. 23 at 10, btforeMr. Commissioner h aw, 

William Davies, Barnet-grove, Bethnal-green, Middlesex, 
cabriolet proprietor. — John Shakespear Williams, Waterloo- 
place, Pall-mall, Middlesex, civil engineer. 

The following Prisoners are ordered to be brought up b^ore 
a Judge of the County Court, to be examined tmd dealt 
with according to the Statute t — 
At the County Court of Lancashire, at Lancasteb, 

Feb. 14 at II. 
William Ashton, Manchester, porter. 
At the County Court of Derbyshire, at Derby, Feb, 21 
atU. 
William Brown, Mapperley, Kirk Hallam, labourer. 
At the County Court qf Suffolk, at Burt St. Edmund's, 
Feb. 23 at 10. 
Henry Wilkinson, Hadleigh, bricklayer. 
At the County Court of Warwickshire, at Warwick, 

Feb. 23 at lU. 
Nicholas George Johnstone, Warwick, out of business. 
At the OoutUy Court of Yorkshire, at York Castlv, 
Feb. 23 at 10. 
Jamee Hoiroyd, Sonthowram, Halifax, woollen waste dealer. 

— Joseph Wharton, Hnddersfield, steam-engine maker. — 
Watson Smith, Leeds, tobacco manufacturer. — Daniel Bailey, 
Elland-cum-Greetland, near Hali£u, stone delwer.^-Joseph 
Fawcett, Morley, near Leeds, dyer.— FFi/Zmsn Walton, Hor- 
bury, near Wakefield, out of business. — John Carver, Hnnslet, 
near Leeda, grocer.— Ifery Stone, Knottingley, near Ponte- 
fract, licensed retailer of beer. — William Hawksworth Bathe, 
Sheffield, chemist.— JfaZ/AewBooM, Kirk Burton, near Hud- 
dersfield, fancy waistooat-piece manufacturer.— '/moA Martin 
Van Winkle, Hnddersfield, manager to the Astoria Company. 

— WUHam Lupton, Bradford, out of business.- iZo^er/ Geo. 
Moore, York, out of business. — William Campbell, Filey, 
lodging-house keeper. — Edward Lea, Kirkstall-bridge, near 
Leeds, black-plate worker.*-JoA» Whitaker, Upper Wortley, 
near Leeds, woollen cloth mannfacturer.-^omeff Whitaker, 
Bolton, former. — Fhrancis Marsden Nettleton, Horbury, near 
Wakefield, joiner. — Jastes Sheard, Elland, near Halifax, out 
of business. — Jamee Driver, Thornton, near Bradford, inn- 
keeper. — Edward Williamson, York, out of business. — John 
Dyson, Elland, near Halifax, innkeeper.— JBdivard Thorpe, 
Doncaster, innkeeper.— /onjiA Read, Holbeach, near Leeds, 
commercial traveller. — John Kershaw, Leeds, out of business. 
At the County Court of Carmarthenshire, at Carm ARTHB3f, 

Feb. 24 at 2. 
John Thomas, Llangennech, mariner. 

At the County Court of Sussex, at Lkwes, Feb, 24. 
Walter Henton, Hayward's-heath, near Cuckfield, wheel. 
Wright. 

Mrstino. 
Thomas Lane Robert Pierce, Aldersgata-street, London, 
out of business, Feb. 20 at 12, at Frail's, (and not Pratt's, as 
adTertiaed in last TuMday's Gaxette), Chatham, Kent, sp. aff. 



46 



THE JURIST. 



TUESDAY, FvBRUAST 10. 
BANKRUPTS. 
ROWLAND BATEMAN and ROBERT HARDWICKE, 
Carey-street, Lmooln's-inn, MiddleMZ, printers, stationers, 
dealers and chapmen, Feb. 20 and March 26 at 11, Court 
of Bankruptcy, London : Off. Ass. Cannan ; Sols. Brown, 
Wakefield, Yorkshire ; Fiddey, Temple, London.— Petition 
filed Feb. 5. 
EDWARD COWPER FYFFB and EBENEZER WA- 
THERN FYFFE, Howford- buildings, Fencburch-street, 
London, merchants, Feb. 20 and March 26 at 12, Court of 
Bankruptcy, London : Off. Ass. Cannan ; Sob. Baker & 
Co., 34, Lime-street, London. — Petition filed Feb. 9. 
WILLIAM EDWARD SPENCER, Falcon Mustard Works, 
Holland-street, Blackfriars-bridge, Surrey, mustard mann- 
ftoturer and dealer in mustard, (in partnership with one 
Thomas Langdale), Feb. 20 and March 26 at 1, Court of 
Bankruptcy, London : Off. Ass. Whitmore ; SoL Laurence, 
6, Gray*8-inn-sqnare, Middlesex. — Petition dated Feb. 4. 
JOHN BARKER, Queen-street, Stepney, and Eagle-wharf, 
Ratcliffe, Middlesex, wharfinger, dealer and chapman, Feb. 
23 at half.past 11, and March 27 at half-past 12, Court of 
Bankruptcy, London: Off. Ass. Pennell; Sol. Tamplin, 
159, Fenchurch-street, London. — Petition dated Jan. 27. 
GEORGE WATERHOUSB, Rupert-street, Haymarket, and 
Crawford-street, Middlesex, watch and clock manufacturer, 
Feb. 23 and March 27 at half-past 11, Court of Bank- 
mptcy, London t Off. Ass. Pennell ; SoL West, 16, Gresham- 
street, London. — Petition dated Jan. 30. 
RALPH TITCOMB, Highgate, Middlesex, butcher, Feb. 20 
at half-past 12, and March 18 at 12, Court of Bankruptcy, 
London : Off. Ass. Bell ; Sols. Taylor & Mason, 15, Fur- 
niTsl's-inn.— Petition filed Feb. 7. 
JOHN PLUMLEY, Mitcham, Surrey, clothier, dealer and 
chapman, Feb. 19 at 11, and March 25 at 1, Court of Bank- 
ruptcy, London : Off. Ass. Johnson ; Sols. Messrs. Link- 
later, 17, Sise-Une.— Petition filed Feb. 9. 
THOMAS NUTLEY, Reading, Berkshire, Wctualler, dealer 
and chapman, Feb. 20 at 12, and March 16 at 1, Court of 
Bankruptcy, London : Off. Ass. Edwards ; Sols. Cowper, 
Newbury, Berkshire ; Wright & Kingsford, 23, Essex-st., 
Strand.— Petition filed Jan. 22. 
SAMUEL NORCLIFFE, Brydgea-street, Corent-garden, 
Middlesex, licensed ▼ictnaller, Feb. 20 at 11, and March 16 
at 12, Court of Bankruptcy, London : Off. Ass. Groom ; 
Sol. Marsdea, 36a, Queea-strset, Cheapslde.— Petition filed 
Jan.3L 
DANIEL JAMES FIELD and BOULTON MOLINEAUX 
the younger, Manchester, com and flour dealers, (trading 
under the firm of Field & Molineanx), Feb. 23 and March 
17 at 12. District Court of Bankmptey, Manchester : Off. 
Ass. Pott ; Sols. Croasley & Ludkm, Manchester.— Petition 
filed Feb. 4. 
WILLIAM BYROM, HENRY TAYLOR, and THOMAS 
BY ROM, Manchester, Liverpool, and Wigan, Lancashire, 
coal proprietors, (undor the style or firm of Byrom, TayU^r, 
& Byrom), Feb. 20 and March 12 at 12, District Court of 
Bankruptcy, Mandiester: Off. Ass. Lee; Sol. Janion, 
Manchester.— Petition filed Jan. 31. 
Mnvrntas. 
Wm, WiilkmiM, Wm. WiUuam the younger, and Tko9, R, 
WiiiUmu, Newport, Monmouthshire, bonkers, Feb. 23 at 11, 
District Court of Bankruptcy, Bristol, oh. ass.— /eawe JTeye, 
Bridge-row Wharf, Pimlico, Middlesex, coal merdunt, Feb. 
20 at 1, Court of Banknmtey, London, and. ac.-— fi^. Dixon, 
Leeds, Yorkshire, draper, Feb. 20 at 1, Court of Bankruptcy, 
London, and. ao. — Jokn Jamet IRng Boot; Branton's Wharf, 
Commercial-road, Middlesex, msnufiustnring chemist, Feb. 23 
at 1, Court of Bankruptcy, London, and. ac— ^. Brtu^ordf 
Assembly.row, Mile-end-road, Middlesex, licensed victualler, 
Feb. 23 at 12, Court of Bankruptcy, London, and. ac. — Thoi. 
Fray, Wigan and Manchester, check manufacturer, Feb. 23 at 
12, District Court of Bankruptcy, Manchester, and. ac. ; 
March 1 at 12, div. — Wm, Baird, Liverpool, paperhanger, 
Feb. 23 at 11, District Court of Bankruptcy, Liverpool, and. 
ac. — BenJ. H, Bates, Liverpool, merchant, Feb. 23 at 11, 
Dirtrict Court of Bankruptcy, liverpool, and. ac.— Wm. Got- 
M^e, Widnes, Prescot, Lancashire, mannlkctnring chemist, 
Feb. 20 at 11, District Court of Bankruptcy, Liverpool, aud. 
ac.— TVIomes Atkimon, Leeds, Yorkshire, dealer and chap- 



man, Match 1 at 11, District Court of Bsnkniptcy, Leeds 
aud. oc^ThomoiMoffarey, Love-bne, Billingsgate, Londonl 
coal merdiant, March 5 at half.past 12, Court of BsakmptcT 
London, fin. div.— ^. Maedonaid and A, (UmpbeU, Regent^ 
street, Westminster, Middlesex, army agents, Feb. 28 at 12, 
Court of Bankruptcy, London, div. sep. est. of A. Campbett,'^ 
A, B, Grwmiie, Wembly, near Harrow-on-the-Hill, and 
Piccadilly, Middkaex, boarding-house keeper, Feb. 27 at half. 
pastil. Court of Bankruptcy, London, div.— ^. TW^ervatf, 
New Wharf.road, Battersea, Middlesex, common brawer, Feb. 
28 atl. Court of Bankruptcy, London, div.— Jamet Pcrlrsf, 
Cheapside, London, clothier, Feb. 27 at 11, Court of Bnk. 
ruptcy, London, div.— Prince James 2Wi, Tottenham, Mid- 
dlesex, draper, March 4 at 2, Court of Bankruptcy, London, 
^y.-^Marffaret Edmonds, Park-place, and ArUngton-etreet, 
St. James's, Middlesex, and Heam -hill-cottage, Heam-hiH, 
Surrey, boarding-house keeper, March 2 at 12, Court of 
Bankruptcy, London, div.— r^lot. D. Aldorson, Great Marl. 
borough-street, and Warwick-street, Golden-square, Middle- 
sex, pewterer, March 5 at 11, Court of Bankruptcy, London, 
div.— IZodtfrf Selby, Burleigh-street, Strand, Middlesex, wine 
merchant, March 4 at U, Court of Bankruptcy, London, drr. 
•^Bdward Howard and Jos. Gihbs, Cork-street, Burliogton- 
gardens, Middlesex, money scriveners, March 2 atl, Cooit of 
Bankrupt<nr, London, div.— ITm. Haphow, Ratcliffe-hlgh- 
way, and High-street, Shadwell, Middlesex, shoemaker, March 

4 at 11, Court of Bankruptcy, London, div /. Petm^eei, 

Woolwich, Kent, grocer, March 4 at 2, Court of Bankrvptcf, 
London, div. — Robt. W, Jearrad the younger, Oxford-atreet, 
Middlesex, carpenter, March 4 at 2, Court of Bankraptcy, 
London, div.— Jl. W, Wrighi, Chas, Da»p, and Jacob DUron, 
Devonshire-street, Queen-square, Bloomsbury, MiddleKZ, 
goldsmiths, March 4 at 1, Court of Bankruptcy, London, dtr. 
sep. est. of C. Datfp.-^Wm, SimwumdOt Brighton, Ssaaei, 
grocer, March 4 at 2, Court of Bankruptcy, London, div.— 
J, B. Cadby, MalsMsbnry, Wiltshire, stationer, Maroh4 at 
11, District Court of Bankruptcy, Bristol, div. 

CVRTlPICATEa. 

To ho aUowod, nmUss Cause be shewn to the eoniratj ss or 
b^re the Dap ^Meeting, 

Oeorpe Laws, Waltham Abbey, Essex, linendraper, March 
4 at 1, Court of Bankruptcy, London.— George /. Higpvuon, 
Hutton Sessay, and Sowerbv Parks, Sowerby, Yorkshire, dealer 
in cattle, March 4 at 11. District Court of Bankruptcy, Liver- 
pool.— JTm. Mason, Halifax, Yorkshire, draper, March 4 at 
11, District Court of Bankruptcy, Leeds.— /oAn Commint, 
Bradford, Yorkshire, linendraper, March 4 at 11, District 
Court of Bankruptcy, Leeds.— ^/eoranifer Dunbar, Halifax, 
Yorkshire, shoemaker, March 8 at 11, District Court of Bank- 
ruptcy, Leeds. 

7b be granted, unless an Appeal be duly entered. 

J. J. NieholaSt'Se^poTt, Monmouthshire, timber mercfasnt. 
— John Short, Weedon Beck, Northamptonshire, wine mer- 
chant. — N. Browne, Sipson's-green, Roundslom Heath, Mid- 
dlesex, licensed victualler. — Wm, R. Oolder, Folkestone, 
Kent, mmer.-^Bdward Ritherdon, Mill-wall, Poplar, Mid- 
dlesex, shipbuilder.— ilo6er^ Jackson, Nottingham, bntdier. 
Petition Amnullud. 

Henry Francis WoUaston, Union-grove, Wandsworth-nL, 
Surrey, merchant. 

Partnership Dissoltko. 

Christopher Richard Norris Palmer and John CraH»t 
Ware, Hotferdshire, attomies and solicitors. 
Scotch SBauBSTRATioNS. 

Raid, Smith, ^ Co., Aberdeen, distillers.— Ps/sr Bsrrte, 
Glasgow, flesher.-^ito^r/ Dougall, 61a«^w, grocer.— IXiW 
Baxter, Kerriemuir, tanner.— /smes Miller, Tarbolton, Ayr- 
shire, carrier. 

INSOLVENT DEBTORS 
Who home filed their Petitions in the Court of Bantrt^tet/t 

and httoo obtainod an Interim Ordor for Protection from 

Proeoso. 

Wm. Smallwood, Birminghan, general tool maker, Feb. 21 
at 10, Connty Court of Warwickshire, at Birmingham.— /oM 
Fellows, Birmingham, builder, Feb. 14 at 10, County Court of 
Warwickshire, at Birmingham.— fFm. Whatetey, Bfamtog- 
ham, retailer of eooked meat, F^. 21 at 10, County Court of 
Warwickshire, at Birmmgham. — Wm. Beecrqft, Ryde, Isle of 
Wight, Southampton, grocer, Feb. 27 at 10, Connty Court of 
Hampshire, at Newport.— JRtcAertf Bass, UaaeUy, Carmar- 



THE JUEIST. 



47 



thenahin, cdrinet maker, Feb. 24 at 2, County Court of Car- 
martheniliire, at Carmarthen. — Bvan Etmu, Carmarthen, 
weafer, Feb. 24 at 2, Comity Conrt of Carmarthenshire, at 
Caimarthen. — Wm, Leteu, Carmarthen, coach builder, Feb. 
24 at 2, County Court of CarmartheuBhire, at Carmarthen. — 
/W^ PkiUip9^ Carmarthen, mariner, Feb, 24 at 2, County 
Court of Cannartheoshire, at Carmarthen. — ^JoAii NiekolU, 
Rowley Regis, Staffordshire, grocer, Feb. 20 at 12, County 
Conrt of Worcestershire, at Dudley. — Jo»eph Barwi$e, Birk- 
enhead, Cheshire, corkcutter, Feb. 20 at 10, County Court of 
Cheshire, at Birkenhead.— D. Jaeison, Birkenhead, Cheshire, 
bookkeeper, Feb. 20 at 10, County Court of Cheshire, at 
Birkenhead. — Wm, Lauf, Manchester, schoolmaster, Feb. 29 
at 1, Coanty Court of Lancashire, at Manchester. — W. Jones, 
Holyhead, Anglesey, licensed Yictualler, Feb. 25 at 11, County 
Court of Anglesey, at Llangefoi. — Thomas Other, Benwell 
Bank Top, Northumberland, fanner, Feb. 26 at 10, County 
Court of Northumberland, at Newcastle-upon-Tyne.— /am«f 
Rdmorde, Newcastle-upon-Tyne, confectioner, Feb. 26 at 10, 
County Court of Northumberland, atNewcastle-upon-Tjne.— 
WUUam Hail, Newcastle-upon-Tyne, brewer, Feb. 26 at 10, 
Coanty Court of Northumberland, at Newcastle-upon-Tyne.— 
Henry Cockerell, Stradbroke, Suffolk, ironfounder, Feb. 27 
at 11, County Court of Suffolk, at ^je.^Edward Freeman, 
Lowestoft, Suffolk, coachmaker, Feb. 18 at 10, County Court 
of Suffolk, at Lowestoft.—/. Foreman, Bury St. Edmund's, 
Suffolk, police constable, Feb. 23 at 10, County Conrt of 
Suffolk, at Bury St. Edmund's.— /am«f Hill, Easton, Suffolk, 
blacksmith, Feb. 20 at 10, County Court of Suffolk, at Fram- 
lingham.— IFm. Knight, Snape, Suffolk, farm labourer, Feb. 
20 at 10, County Court of Suffolk, at Framlingham.— CAar/ff« 
Jueobe, Bsdingham, Suffolk, poulterer, Feb. 20 at 10, County 
Conrt of Suffolk, at Framlingham.— JbAn Brown, CbalgroTe, 
Oxfordshire, forming bailiff, Feb. 26 at 11, County Court of 
Oxfordshire, at Thame. — J. Filee, Lyncombe and Widcombe, 
Bath, Somersetshire, shoemaker, March 6 at 11, County Court 
oi Somersetshire, at Bath.— /oAn T. Davis, Bath, Somerset- 
shire, licensed victualler, Feb. 28 at 11, County Court of 
Somersetshire, at Bath.— TFm. YT. Bird, Bath, Somersetshire, 
slater, Feb. 21 at 11, County Court of SomerseUhire, at Bath. 
— Jamea Carter, Bath, Somersetshire, tailor, Feb. 28 at 11, 
County Court of Somersetshire, at Bath.— /oAn G. Burrell, 
Fakenham, Norfolk, confectioner, March 5 at 10, County 
Cofort of Norfolk, at Little Walsinghsm. 

Tka/oUowmg Persons, who, on their several Petitions Jlled in 
tie Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein- 
^er mentioned, ai the Court-house, in Portugai^etreet, 
Jjineoin's bm, as follows, to he examined and dealt with 
f to the Statute .— 



Pieb, 25 at 11, b^ore the Cbibf Commissioner. 
Wm, P, Mockett, Albert-terrace, Old Kent-road, Surrey, 
potatoe salesman. — Ann M, Russell, Hungerford Arcade, St. 
Martin's-in-the. Fields, Middlesex, tobacconist. 

Pleb. 25 at 10, before Mr, Cotnmissioner Law. 
Join TonUin, Tottenham-oourt-road, Middlesex, cosch- 
maker. — Jane Ramsey, spinster, High- it., Poplar, Middlesex, 
dealer in Berlin wool.— JB/iM^eM Ramsey, spinster, High-st., 
Poplar, Middlesex, dealer in Berlin wool. 
Saturday, Feb. 7. 
nefoliowiny Assignees have been appointed. Further par- 
tieukan may be learned at the Ofiee, in Portugal-st,, 
Lmeoln'S'inn'/lelds, on giving the Number (ff the Case, 
Beehamp Ely, Toft Monks, Norfolk, shoemaker, No.* 
74,589 C; John Cobb, assignee. — /oAa Stratton,' King- 
street, Camden-town, Middlesex, out of business, No. 62,508 
T.; John Hay ward, assignee. — Phebe Roper, spinster, Bir- 
mingfaam. No. 74,323 C; Alexander Harrison, assignee. 

Saturday, Feb. 7. 
Orders have been made, vesting in the Provisional Assignee 
ika Estates and Efeets of the following Persons:— 
(On their own PetitionsJ, 
Charles M. L. Cousins, Clifton-terrace, Asylum-road, Old 
Kent-road, Surrey, clerk to a stockbroker: in the Debtors 
Prison for London and Middlesex.— JoAa Wolsey, Oxford- 
street, Middlesex, house agent : in the Debtors Prison for 
London and Middlesex. — John Aug. Payne, High Holborn, 
Middlesex, out of business : in the Debtors Prison for London 
and MiddleMx.— CAar/et W. O. Guthrie, Frith-stieet, Soho, 



: in the Qneen's Prison. — Oeorge BM» 
Stratford, Esstt, amith : in the Queen's Prison.— £f. Ballf 
Richmond New-road, Fulham, Middlesex, licensed Tietualler : 
in the Debtors Prison for London and Middlesex.— VFil/isM 
Woodger, Aldersgate-st., London, farrier: in the Debtors 
Prison for London and Middlesex.—/). Aider, Old Weston, 
street, Soathwark, Surrey, merchant: in the Queen's Prison. 
— Robert U, Snow, Water-stieet, Strand, Middlesex, printer : 
in the Debtors Prison for London and Middlesex. — /. Claref 
Ann's-place, Whitmore-road, Hoxton, Middlesex, eheese- 
monger : in the Debtors Prison for tiondon and Middlesex.-* 
Augusts Mott, KeppeU-street, Sonthwark-bridge-road, Surrey, 
patent portmanteau manufacturer : in the Gaol of Surrey .-« 
Jabez Miller, High-st., Stoke Newington, Middlesex, linen- 
draper : in the Debtors Prison for London and Middlesex.-* 
Thonms Crowther, Coventry, Warwickshire, coal agent : in 
the Gaol of Coventry. — George Cobb, Harescomb, Gloucester- 
shire, innkeeper : in the Gaol of Gloucester.— Oeorge Po^, 
NewcBstle-upon-Tyne, shoemaker : in the Gaol of Newcastle- 
upon-Tyne.— 7%ome» Ryland, Cheltenham, Gloucestershire, 
stonemason: in the Gaol of Gloucester. — Henry Wilkinoonf 
Hadleigh, Suffolk, bricklayer : in the Gaol of Bury St. Ed. 
mond's. — John N, Rogers, Chelveston-cum-Caldeeott, near 
Higham Ferrers, Northamptonshire, fisrmer: in the Gaol of 
Northampton. — JotejiA F, Higgins, Keighley, Yorkshire, 
architect : in the Gaol of York. — Walter Henton, Hay ward's 
Heath, Sussex, wheelwright : in the Gaol of Lewes. — Wm. Am 
Humble, Newcastle-upon-Tyne, farm labourer : in the Gaol of 
Newcastle-upon-Tyne. — Wm. JAndred the younger, Bristol, 
assistant to a haberdasher: in the Gaol of Bristol. — Chariot 
Savili, Seymour-place, Camden-town, Middlesex, cheesemon- 
ger: in the Gaol of Reading.— FFVn. H. Jenks, EtthigshaH, 
Sedgley, Stsffordshire, licensed victualler: in the Gaol of 
Coventfy.—Jeinet Ifosf, Leamington, Hastings, Warwickshire, 
wharfinger : in the Gaol of Coventry. — Wm, Thovsas Spraii^ 
Halesworth, Suffolk, coachmaker : in the Gaol of Ipswich.— 
Robert Ashworth, Smallbridge, near Rochdale, Lancashire, 
greengrocer: hi the Gaol of Lancaster. — William AtinusoUf 
Salfoni, Lancashire, stonemason : in the Gaol of Lancaster* 
-^John Butler, Manchester, joiner : in the Gaol of Lancaster* 
— Wm. H. Bennett, Blackburn, Lancashire, draper: in tlie 
Gaol of Lancaster. — Thomas Cragg, Wslton-le-Dsle, near 
Preston, Lancaahire, grocer : in the Gaol of Lancaster. — K» 
Dunkerley, Godley, near Hyde, Cheshire, toll collector : in 
the Gaol of Lancaster. — Wm. Fletcher, Ashton-under-Lyne, 
Lancashire, licensed victualler : in the Gaol of Lancaster.— 
WHliam Hall, Nottingham, out of business: in the Gaol of 
Nottingham. — Richard Henry Hardisty, Leeds, Yorkshire, 
fruiterer: in the Gaol of York. — Sarah Ingham, Oldham, 
Lancashire: in the Gsol of Lancaster. — Andrew MeMn, 
Liverpool, publican: in the Gaol of Lancaster. — ^X*ei9reiiee 
Mumaghan, Salford, Lancashire, stonemason : in the Gaol of 
Lancaster. — Robert Shaw, Lower Broughton, near Manches- 
ter, porter dealer : in the Gaol of Lancaster. — Samuel Stead, 
Salford, Lancashire, job fent dealer: in the Gaol of Lan- 
caster.— JoAii Taylor, Liverpool, druiQgist : in the Gaol of 
Lancaster. 

The following Prisoners are ordered to be brought tiji brfore 
the Court, in PortugaUstreet, to be examined aid deaU 
with according to the Statute: — 

Feb. 24 at II, brfore the Chxkv Commissionsb. 

Thomas Smith, Upper Church-stieet, Chelsea, Middlesex, 
wine merchant.— Jane C. Umpleby, Epping-place, Mile-end, 
Middlesex, shopwoman to a hairdresser. — William Surftew, 
Henry-place, South-parade, Chelsea, Biiddlesex, and Heme 
Bay, Kent, in no business. 

A4foumed Case, 

John Benton, Acton-street, Gray's-inn-road, Middlesex, in 
no trade. 

Feb. 26 0/ 11, btfore Mr, OomtniMsioner Phillips. 

Henry Howse, Middlesex-place, New-road, and Beaufort- 
buildings, Strand, Middlesex, accountant. — Wm. B. TYibe, 
Merrers-street, Walworth-road, Newington, Surrey, out of 
business. — Joseph Brace, Taohbrook-street, Pimlico, out of 
business.— /emet IiOtrft ISseiidier, Somerset-st., Portman-sq., 
and St. Martin's-lane, Middlesex, surgeon-dentist.— fTitfiom 
Giles, Sydney-st., Great Northern-road, Islington, Middlesex, 
out of business. — Nathan Charles Hammond, Tennison-street, 
Yoric-Toed, Lambeth, Surrey, mattress msnnifactnrer* 



4& 



THE ju.kist; 



Tke foUowinff PrisomerakOFg^dertd io b^knmgki up ktffre 
« Judpe of tke Cbumiff. Couri, to he examined and dealt 
miih aeecbrdinf to, ike. Siminie /— 

Ai tke Getmttj Court of. ffampekire, at Sodtbampton, 

'-Bokert Stannard, Dorchester, Donetshire, railway con. 
trttctor. 
At tke County Court of GUmcetierekire^ at Gloucbstbr, 

Feb, 26 at 10. 
. Oeorge Cobb, Harescomb, out of butineat. 
At tke County Court qf Norikumbertand, at Newcastle- 

upon-Tynb, Feb. 26 at 10. 
' Wm, A, Humble, Newcattle-apon-Tyne, farm labourer.— 
Oeorge Potts, Neweastle-npon-I^ne, ahoamaker. 
At tke County Court of Bert/ordekire, at Hertford, 
Feb, 28. 
George H, Wrigkt, Clarence- terrace, Uaggerstone, Mid- 
dlesez, out of bosinen. 
At tke County Court of Warwiekekire, at Coventry, 

Feb. 28 at 10. 
' Wm. Willit the elder, CoTcntry, out of bosiness. — Joeepk 
J, Keyte, Birmiogfaain, out of bodneu. — Ckarlee Jackson^ 
Dudley, Worcestershire, draper.— /at. Wragg, Aston Manor, 
out of business.— 6«orp« Wm» T^lor, Aston, surveyor. — 
TkomoM W. Tipler, Rugby, newspaper reporter. 
At tke County Court of Berkekire, at Reading, Marek 4. 
James Plumley, Reading, builder. 

LAW.— TO BE DISPOSED OF, a PRACTICE of 
twenty yean' standlog and upwards, in one of the leading CItlet 
in the West of England; and a Tery complece LAW LIBRARY, 
to be taken at a VAiuation. For parUculArs apply to No. 38, P. O., 
Batlu 

T AW. — A Gentleman, lately admitted, who was articled in 
-V an office of extensive practice in the West of England, wishes to 
ditaio a SITUATION In an Office with a good Conveyancing Practica 
in the Country, with a view to a Partnership. Address, K. G., God- 
WiP'« Library, M elsom -street, Bath. 

09 OOn WANTED, on a Second Cham on Agricoltural 
^^^VUV Land worth JB3«,000. now charged wiih £21,000. Apply 
tp Messrs. Ttindcr & Eyre, Solicitors, 1, John-street, Bedford* row, 
London. 

•pQUITY and LAW LIFE. ASSURANCE SOCIETY. 
•^ —The DIVIDEND on SHARES for the Year IMl, at the rate 
of 4/. 10«. per Cent, flree from income duty, is in course of payment 
at the Office daily, Wednesdays excepted, between the hours of eleven 
and two. 
SO. Lincoln's-inn-flelds, Jan. 23, 1652. 



G 



UARDIAN FIRE AND LIFE ASSURANCE COM- 
PANY, No. II, Lombaid-Bticet, London. 



DxmscToas. 



Thomson. Hankey, Jan., Esq., Chaiivian. 
Sir Walter E. Farquhar, Batrt., Deputy Chairman. 



Henry Hulse Bereni, Esq. 

John Dixon, Esq. 
• Francis Hart Dyke, Esq. 
. John Harvey, Esq. 

John G. Hubbard, £s^. 
' George Johnstone, Esq. 

John Labouchere, Esq. 

John Loch, Esq. 

George Lyall, Esq. 

A. W. Robarte, Eso. 
Lewis Loyd, Jun., Esq. 



Stewart Mai:}oriban1u, Esq. 

John Martin, Esq., M. P. 

Rowland MiteheU, Emj. 

Jmbm Morris, Esq. 

Henry Norman, EImi. 

Henry R. Reynolds, Jun., Esq. 

John Thornton, Esq. 

James Tulloch, Esq. 

Henry Vigne, Esq. 
AvntTons. 

I Henry Syitn Thomtoo, Esq. 
' John Henry Snith, Esq. 



AcTVAKT.— Griffith DaTies, Esq., F. R.& 

Lxp£ Dbpaktjczkt.— Under the proTisions of an act of Parliament, 
tills Company now offers to future Insurers Foua-FirrBs of the Pao- 
VXTS, with QuixQuxviriAL' DiTisxov, or a Low Rate of Pbemiuh 
vithout participation of Profits. 

The next Division of PioflU will be declared in June, 1855, when all 
Participating Policies which shall have subsisted at least one year at 
Christmas, 1854, will be allowed to share tn the ProfiU. 

At the several past Divisions of Profits made by this Company, the 
Reversionary Bonuses added to the Policies from ovk-halp the Profits 
amounted, on an average of the different ages, to about One per Cent 
per Annum on the sums insured, and the total Bontues added to the 
four Septennial Divisions exceeded 770,000/. 

FoasiOK RxsKS.— The Extra Premiums reouircd for the East and 
West Indies, the British Colonies, and the northern parU of the United 
States of America, have been materially reduced. 

Invalid Livss.— Persons who are not in sudb sound health as would 
enable them to Insure their Livps at the Tabular Premiums, may have 
their Lives Iiuured at extra Premiums. 

Loams granted on Life PolicSes to (he extent of their value*, provided 
such Policies shall have been effected a sufficient time to have atuined 
in each case a value not under 501. 

AssiOffMSXTS OF P0L1 CI St—Written Notices of, received and re- 

OEO. KEYS, Scentary. 



PHIULIPPS OX EVlDE»}CE. 

This day is pnblished, in 2 large vols, royal 8vo., price 2i. 16s. I , 

A TREATISE on the LAW of EVIDENqE. Tentk 
■t*- EdlUon, wi:h considerable Alterations and Additions. By tba 
RlRhtHon.S. MARCH PHILLIPPSandTHOMAS JAMES ARNOLD, 
Esq., one of tbe Police Magistrates for the Metroftolis. 
London: late Wnu Benning & Co., Law Bookaellers, 43, Fleet-street. 

Just published, demy 12mo., price U., 
rrUE LODGING-HOUSES ACTS for 1861; vii. the 
-■- Common Lodging-Houses Act, H & 15 Vict. c. 28; and the 
Labounug Classes Lodging-Houses Act, 183 1. 14 |k 15 Vict c. U; with 
lotruduciion, Notes, aad a full Iade:£. By DANBY P. FRY, Esq., of 
Lincoln's-inn. BarrUter at Law. 

*»« The whole of the Forms required under the abave Acts are now 
roady, price 3«. per quire. 

Loodoa: Charles (night, iM), Flett-strtet. 



W 



,riSE & EVANS'S LAW DIGEST.— Part 13, comprising 
' all the Cases reported and Statntes enacted during the half year 
ending (ho 1st January, 1832, now ready. Price %*.9d. boards. Tbh 
work enables the practitioner to find in a moment th« latest law on any 
sul^ect in which he may be engaged. 
Also, 
THE RIGHTS, DUTIES, and LIABILITIES of MA- 
OI8TEATE8. By T. W. S AUKDBR8. Esq., BanUtet at Law, Author 
of Supptonent to Bum and Archjbold, from 1845 to 1861, fte. Price 

Law Ttaacs Office 29, Essex-street, Strand. 

LOANS IN CONNEXION WITH LIFE ASSURANCE. 
PELICAN LIFE INSURANCE COMPANY. 

^ EsUbliahcdinl7»7. 

NOTICE.— The Directors are prepared to receive PROPOSALS for 
LOANS on APPROVED SECUUITY. in sums of not less than iS5M, 
coupled with one or more Policies of Insurance to be efibcted in the 
Pelican Office. Appiieniions to be made iotha Seccecary, at the Chief 
Office of the Company, No. 70, Lombard-street. 

T ON0ON AND PROVINCIAL LAW ASSUUKCK 
-^ SOCIETY, 

No. 32, New BnisoE-irnasT, BtAcicpiitAns, Loxnov. 
Capital iei,000,000. 

Dtnarrons. 
ASHLEY, The Hon. ANTHONY JOHN, Lincoln's Inn. 
BACON, JAMES, E^q.. Q. C. Lincoln's Inn. 
BELL. WILLIAM. Esq., Bow Churchvard. 
BENNETT. ROVVLAND NEVITT, Ekq., Lincoln's Inn. 
BOWER, GEORGE. Esq., Tokenhouse-yard. 
BUTT, GEORGE M.. £>iq.. Q.C., Temple. 
CHOLMELEY, STEPHEN, Esq., Lincoln's Inn. 
CLARK, JOHN, Esq., Sessions House, London. 
EYRE, WAL POLE, Esq.. Brj'an^tone square. 
PANE, WILLIAM DASH WOOD, Esq.. Lincoln's Inn. 
FISHER. HORATIO NELSON. Esq., Fenchurch-street- 
FREEMAN, LUKE, Esq., Coleman-street. 
GASELEE. Mr. SERJEANT. Seiieants' Inn. 
HOPE, JAMES ROBERT, Esq., Q.C., Temple. 
HUGHES, HL:NRY, Esq.. Clemcai's Inn. 
JAY. SAMUEL, Esq., Lincoln's Inn. 
JONES. JOHN OLIVER, Esq., 4, Upper Bedford-plaoe. 
LAKE, H ENRY, Esq.. Uncolu's Inn. 
LAW, HENRY SHEPHARD, Esq., Bush-lane. 
LEFROV, GEORGE BENTtNCR, Esq., Piccadniy. 
LOFTUS, THOMAS, Esq., New Inn. 
MARTEN. GEORGE. Esq., MiociorlMae. 
PARKE. JAMES, Esq., Linooln's-inn-fields. 
PICKERING. EDWARD ROWLAND, Esq., Lincoln's Inn. 
REEVE, PHILIP. Esq.. Lincoln's Inn. 
STEWARD, SAMUEL. Esq., Lincoln-s-inn>4«ldi, 
TILLEARD. JOHN. Esq., Old Jewry. 
TURNER. FRANCIS, Esq., Lincoln's Inn. 
TYRRELL, TIMOTHY, Esq., Guildhall. 
VIZARD, WILLIAM. Esq., «l,Lincoln's-inn-fieIda. 
WHITE. THOMAS, Esq., Bedibrd-row. 
WOODROOPFE, WILLIAM. Eeq, Lincoln's Inn. 
WROTTESLEY. The Hon. WALTER. Lincohi*s Inn. 

PuTsiciAK.— H. PITMAN, M. D., Montapwplaew. 
SoLiciToms. 
• H. D. WARTER, Esq., Carey-street, Lincoln's Ian. 

ROBERT CURLING, Esq., Frederick's-place, Old Jawiy. 

Four-fifths of the piofiu divided amongst the assured. 

All the usual adrantages given by other Assurance Sodatiea will bw 
found at this Office, and every Tarie:y of Proposal for Aaauranct and tog 
Payment of Premiums entertained. 

Extensive license to travel. 

Appearance before the Board dispensed with. 

Prospectuses, ftc. may be had at the Office, or will be forwarded oa 
application to j 

JOHN KKOWLES, Actuary and T 



Printed by HENRY HANSARD. PnisiTsn, residing «t Ko. 14 
Park Square. Regent's Pork, in the Parifh of St. Marylebone, in thv 
County of Middlesex, at his Printing Office. $*tnate in Parkftr Street in. 
the Parish of St. Oiles-in-the-Pialda, in the County aforeeaid ; and Fob- 
Ufhed at No. 3, CnAvcsaaT Lake, in the Parish of St. Dnnttan ih th* 
West, in tbe City of London, by HENRY SWEET, Law £ooKaax.a9K 
and PuBiisHEn, residing at No. 41, Groat Coram Street, in the Pariah 
of St. George. Rloomsbury, in the County of Middlcsex.—SatttrdaT 
Febnuiry 14, 1S52. '' * 




s^ 



)V 



M'X' |'A0 If-^ 



No> 789— Vol, XVL FEBRUARY 21, 1852, PriceU., unthSuppie$nefU,2s. 

NAMES OF THE CASES REPORTED IN THIS NUMBER. 



COUBT OF ChANCBRT, 

Attoni07-Oai«nl v. The Binnbgham M»d Oaiwd Jwne- 
tioD, The Gtevat Western, and The Bimungham, 
Wo&fwiHOBpton, and Dudley Railway Companiet. — 
{A ttoruf' General — Railway jC^mpany — h^fumC" 
tion^(bmpMUm of Line) 113 

Coxna OF Appmai^ iir Chahosbt. 
Waitav. %pMM.~~{M9rigagorandMortgmyee — TVwnf- 
fer ^ MoriffOfft^Taekiny) 114 

Vicb-Chancbllor Turner's Court. 
Cddtttll «• Van YUasengen.— (/n/rifi^Miiefi/ of Patent 
ly Foreigner reetrmned by h^wwtion) 115 

ViCBoChaKCBLLOB PABKBlt^S CoUBT* 

Rt T1» Jomt-atock Companks Winding-ap Acta, 1848 
aad 1849— lie The Brighton, Lewea, and Tohbridge 
WcUa Direct Railway CompaBy.— (Gm/rMiaary-- 
UfJiU'eeaae) 120 



Court of Qubbm's Bbrch. 
Reg. 9. The East London Waterworks Company. — 

{Hate under Lighting Act^Pipee qf Water Omm. 

pony) 121 

Ordiard o. Moxtj,^{Applieationfor CoiteqfterSum' 

mom diamiited at Chamhert) 124 

Court of Common Plbas. 
Man^ll «. The York, Newcastle, and Berwick RaU- 

^ay Company. — {Carrier — Tort — Contract — 

Pleading) 124 

) EZCHEQUEB ChAMBBR. . 

Bawndale «. Hart.— (JUadt/t/y qf Cmrier^l WilL 4, ^ 

C.68) 126 

CouBT of Exchequbb« 
Attomey-GeBeral v. Bradbury and Evans.— (AVicurptf- 

per^6Sf7WUL4,e,76StampJ)uty) 130 

Crown Cases Rbsebyed. 
]Ug. V. Boulter.— (Pet:^tify—G9rro^oraK9e BvUtnee) 135 



%* In comse^umce of the very evident typographical 
miHaie in No. 787, ^ wkiek the parts of two eaees were 
tran^potedy it was necessary to reprint sixteen <^ the 
pojfu^ to enaHe the SvAseribers to cancel the erroneous 
wwUer, Tke corrected pages were deU^ered last week 
with No. 7M^ and it ^ re^teetfiUfy refuested that the 
alierationbemade at once, in order to prevent am^ msstaie 
when the Vohune is in a complete state for theUnd^. ^ 



LONDON, FEBRUARY 21, 1852. 

Ak impTesBion appean to prevail among hankers and 
their cnstomers, thai the decision of the Conrt of Ex- 
chequer in BeUan^ and Another v. Marjoribanis and 
Another, (16 Jur., part 1, p. 106), npon the effect «f 
crosnng cheques, has removed much of the protection 
"Which the public have hitherto derived from carrying 
<ni their transactions by means of cheques instead of 
by money or bank-notes; and there are expressions in 
the judgment which may have led to a miaapprehan- 
jdon of its true bearing. But putting these ex prc a ri ons 
aside, and regarding only the substantial deeiaion in 
the case, we think it will be found that the pnUic are 
as nrach protected in this respect as they hav« ever 
been, and that a rule has been laid down upon the 
subject with sufficient preoision for all practical pur- 
posely and in accordance with the principles of mercan- 
tile law which relate to negotiable instruments. 

The facts out of which the legal question arose were 
briefly these : — A person, having to pay 2000^. into the 
Court of Chancery, gave a cheque for that purpose 
upon Contts & Co. to a Mr. Geary, a solicitor, and 
crossed it " Bank of England, for account of the Ac- 
couutant-General." Geary drew a pen through the 
above crossing, which, however, remained legible, and 
crossed the cheque with the name of Messrs. Gosling, 
Vol, XVL F 



with whom he kept an account, and to whom it was 
paidw^y Coutts & Co. Geary applied the proceeds to 
his ^wn purposes, and an action was brought by the 
dmwers of the cheque to recover the amount so paid 
from Coutts & Co., upon the ground, that, by the 
common custom of bankers, they ought not to have 
paid the cheque, except to those bankers whose name 
was firv^ ^nt^^ ^W^ ^ (^^^' ^^^ Bank of England); 
or, at al erir^t% upon the ground that they were guilty 
of negligence'* in paying it, under the circumstances, 
without inquiry. The testimony at the trial aa to the 
custom was very coniicting^ but the jury ultimately 
found a verdict for the plaintiffs. The Court, however, 
granted a new trial, upon the grpimd that the verdict 
was against the weight of the evidence, holding that the 
custom alleged against Coutts & Co. was not proved in 
fact, and that, if it were proved, it would be contrary to 
law, inasmuch as the crossing could not in any case 
operate as an indorsement of the cheque, for want of 
an intent to transfer the property to the banker with 
whose name it was crossed, and also for want of delivery 
to him ; neither could it be considered as equivalent 
to a direction not to pay the bearer, but only such 
banker ; for, if so, it would be altered in a manner 
which would take it out of the exemption of the 
Stamp Act, (66 Geo. 3, c. 184, sched., part 1). The 
Court, however, thought that, although there was no 
such custom as was contended for, there probably was 
one to. the effect, that if a cheque crossed with a 
banker's name, or with the words " — & Co.," were 
not presented through a banker, the drawee should 
have a reasonable time 'for Inquiry as to the beai*er, 
before he paid the cheque. They said that a person 
receiving payment by means of a crossed chegue, al- 
though he did not incur the obligation of pci^nting 
it through a banker, as a condition precedeni to its 



^\..i 



60 



THE JU.BiIST. 



^ 



payment, yet, i£ he 4id not do ao, he Qould not com- 
plain if it were not paid without previous inquiry; 
and, indeed, that Uie drawee paying the cheq^ue under 
such circumstances, without inquiry, would do so 
at his own peril, and must bear the loss, if it sub- 
sequently appeared that he had paid it to one who 
was not the lawful bearer. The crossing of a cheque^ 
in effect, is for the protection of the drawer, attaching 
to the cheque the incident of presentment through a 
banker, or inquiry as to the bearer: it affects both 
bearer and drawee with notice, to the extent that we 
have mentioned, but it does not restrict the negotia- 
bility of the cheque, or render it less payable to 
bearer than it was before such crossing. A banker, 
in all cases, is bound to pay only to a lawful bearer of 
a cheque ; and where the instrument is, on the face of 
it, tainted with suspicion, we apprehend that he is en- 
titled to a reasonable time for inquiry before he is 
bound to pay it. (See Scfioley v. RamthoUom^ 2 Camp. 
485 ; Hall v. Fuller, 6 B. & Cr. 750; Robarts v. Tucker, 
15 Jur., part 1, p. 087). 

It is, however, quite consistent that a cheque should be 
payable to bearer, and yet payable only after inquiry. 
This seems to have been the meaning of the judgment, 
though the quotation therein from Stewart v. Lee ( 1 Moo. 
& M. 161 ) has led some persons to suppose that it went 
the length of declaring that the bearer would be com- 
pelled in fluch case to present the cheque through a 
banker; and then it is reasonably asked, if so, how 
can it be said that it is still payable to bearer* ? And 
'^ A Barrister," in a letter to a leading journal, assumes 
that it is illegal to cross a cheque with the name of a 
banker, because of the stamp laws, but not so if we 
use the innocent words " & Co." 

No such distinction, however, is made in the judg- 
ment, of which, we believe, we have correctly stated 
the nature and the effect. 



OBSERVATIONS ON THE SUGGESTIONS OF 
THE CHANCERY COMMISSIONERS. 

Thb recommendations of the Chancery Comtanis- 
Bioners are numerous, and among them are many 
which, in our humble opinion, are of great value. 
Indeed, the reforms suggested are so many, and so sub- 
stantial, that it might be difficult to say which are the 
most important. With the greater part of them it is 
perfectly natural that we should agree, as the learned 
Commissioners recommend precisely the things that we 
have contended for affain and affain in these paees. Of 
this kind are the abolition of bilb of revivor and supple- 
ment, and the substitution for them of simple amend- 
ment; the abolition, in general, of the interrogating 
part of a bill, leaving it to the plaintiff to file interro- 
gatories, if he has a special ground for interrogating the 
defendant; the abolition of states of facts and charges 
upon references; the abolition of the absurd rule, by 
wnich, in certain cases, affidavits cannot be read against 
an answer; and last, but not least, the abolition of the 
mode of taking evidence by written interrogatories, 
and the substitution, at least where the parties wish 
it, of oral evidence. On all these points we have only 
to refer oar readers to The Jurist, (vol. 12, part 2, 
p. 81 ; vol. la, part 2, np. 129, 461 ; vol. 1^ part 2, 
pp. 490, 605), to shew that the views taken in it, are 

* See tke City article in the Timei, Feb. 9 and 11, 1852. 
2 



now stamped with the ajgvobation of some of the 
most eminent and most aminently practical men in the 
Profession. 

In a very important part of tiieir recommendations 
the Commissioners are not very explicit — we mean, as 
to the proposed abolition of the Masters' offices, and 
what is to be substituted for them. Of the class of 
business which is now done by the Masters personal^, 
little, if any, it would seem, is to be actually abolished. 
Nor could it well be so, though, no doubt, bv the 
effect of the recommendations, it will be diminished in 
amount, or rather it will be done once instead of twice 
over. In such its reduced or compressed state it is to 
be done by the judges, either in court or at chambers 
Now, there is much that is done by the Master, per- 
sonalfyy which might just as well be done by his dexk; 
and this business, we suppose, is intended to be trans- 
ferred to the officers substituted for the Masters' chief 
clerks. But then there is much done by the Master 
which is reidly of a judicial character, and of a diffi- 
culty requiring some considerable time for its transac- 
tion, even if it is to be done by a judge either in court 
or at chambers. Now, how this is to be done b^ the 
present judges, who, with their own present busmess, 
nave more than they can keep down, it is n^t rery 
easy to understand. 

Take, for instance, one class of cases which, by the 
recommendations, it is proposed should be dealt with 
by the judge, viz. the adjudication on questions of 
title in suits for specific performance. With the sound- 
ness of this recommendation we perfectly agree, but 
still it will cast considerable additional work upon the 
judge, who will have to hear many very difficult quea- 
tions which now never come before him. So with 
respect to what is, in our legal cant, called working 
out their own decrees — that is, in havinc; the necenaiy 
inquiries made and accounts taken under their direc- 
tion and general superintendence, a duty which, it 
would seem, is to be cast upon the judges, much tuna 
must inevitably be occupied — ^not so much, no doab^ 
as is occupied by the Master in corresponding matters, 
but still no inconsiderable portion of time; and the 
result to which we arrive, in contemplating the work- 
ing of the new system, is. that it will require more 
judges — certainly not less than two, perhaps more. 

In all probability there will be, under the new sys- 
tem, much thrown upon the judge for which a Bfaater 
is a fully competent judicial person; and in so fax the 
abolition of the Master's office is obnoxious to the criti- 
cism, that it is a proposal to pay 6000/. a year for what 
can well be done for 2600/./ and if the Masters' offioM 
were capable of reformation, and if they were not^ aa 
they are, so intensely unpopular, that while they sab- 
sist, the people would never believe in Chancery i^orm, 
we should say that the Commissioners would have 
erred in recommending the transfer of any of the func- 
tions of the Masters tothe superior judges. But the 
truth is, that the whole system of business in the Mas- 
ters' offices is so wrong in details, even more than in 
principles, that it u utterly imposnble to mend tham* 
Of them nothiQS[ could be kept except the name, and 
the name is perrectly hateful to Chancery suitors and 
the commercial jpubhc. 

The destruction of the Masters' offices, therefore^ 
whether in theory absoluteljr justifiable, was and is 
practically inevitable; and if with them some good 
departs, and if, by the substitution of the judges and 
other and suboroinate officers, some inferior work is 
committed to superior minds, so much that is incurably 
bad will be got rid of, that the English people, who 
never expect theoretical perfection, will piobably, on 
the whole, he satiafiad that the Ck^mmissioiietB have 
exercised a sound discretion. 

Agreeing, as we have already said, in nearly every* 
thing that is recommended, and preferring, if it were 



THE JURIST. 



51 



left to us, to take the nev svstem as a whole, rather 
than to have it rejected or delayed^ we may, neverthe- 
lesBy not uselessly employ ourselves in pointing out 
some things in which, as we think, there are ominions, 
and one in which there is graYe error. 

The omissions are rather of detail, and prohably will 
be nrovided for in the nromised hill. Still no harm 
will be done by calling the attention of our readers to 
them. First, as claims will be virtually superseded, it 
would be better that they should be specifically abo- 
lished. That they will be virtually superseded is ap- 
parent ; because, as to the subject-matter of the common 
claim, that will be handed over to the judge at cham- 
bers, under the recommendations in respect to adminis- 
tration suits ; and the subject-matter of special claims 
will be much better dealt with by the new bill : so 
that there will really be no business left for claims. 
Secondly, the answer bein^ abolished in most cases, the 
mode of obtaining inspnection of documents, when there 
is no answer, wilTrequire to be altered, and the plain- 
tiff should have, in some form, the same power of 
obtaining payment of money into court, as well as 
discovery of documents, that he now has upon an 
answer. Thirdly, the recommendations do not seem to 
extend the application of viva voce examination to in- 
terlocutory applications; on many of which, such as 
motions for injunctions and receivers, the cross-exami- 
nation and re-examination in court of the witnesses, 
who have made affidavits, would be of the greatest 
Talne. These and many other matters of detiul are, we 
conclude, left to be introduced into the bill, or by general 
orden; bat if the new system is to work, such matters 
onght not to be left in doubt. 

We pass now to what we conceive to be a mye error 
in the recommendations, and that is, the mode in which 
it is suggested that evidence viv& voce should be taken. 
It is proposed that either partv shall have a right to 
have it so taken, and that it shall be taken before some 
examining officer, who is to reduce it into writing, and 
the evidence so recorded will form part of the materials 
on which the judge will hear a cause. It is not, there- 
Ibroy intended, as the general rule, that the oral exa^ 
mination of the witnesses shall form part of the trial, 
but it is to take place before a person who does not try 
the cause. Now this, we submit,^ with mat and with 
unfeigned deference to the opinions of the eminent 
persons who have framed the report, is not the rieht 
eourse; it gives up much that is of the essential value 
of vivik voce evidence, and though better than the pre- 
sent system of Chancery examination, is only so, as 
being a step towards examination in open conrt. The 
substantial benefit of oral examination is not dependent 
on the mere fiict of its being oral, but on its beinff taken 
on the hearing of the matters put in issue; oy the 
coanael conducting the case, and m the presence of the 
indge, who hears the circumstances of the case, step 
DV step, unfolded. Material questions are suggested in 
tae coarse of a trial, not merely by the preceding an- 
swen of the witness, but by tlie consideration of the 
points of law and fact, which the counsel, while actively 
conducting tbe case, gives to its various bearings — ques- 
tions which would probably never suggest themselves 
in the conduct of a mere examination, unaccompanied 
by the eeneral features of a trial. 

We oo not lay very much stress upon the value of 
what is termed *' the demeanour of the witness," an 
item in oral examination as likely to lead to error as 
to tmth ; but what we do lay stress upon is the value 
of tlie adaptation of the examination, to the vary- 
ing circumstances that the progress of the trial elicits, 
as compared with that lifeless examination which alone 
can take place where the counsel are not fighting, 
and know they are not fighting, the actual and final 
battle, and the judge has nothing^ to decide. Indeed, 
upon these or upon other groands, all are pretty well 
8 



! agreed that it is best that the evidence should be 
! taken, when it can, in open court, at the trial. But 
I then it is said that this cannot be done in Chancery. 
Now, all the alignments against its being done are of a 
statistical character ; they resolve themselves into this 
— that too much of the time of the Court would be 
taken up ; that the uncertainty when a cause would be 
heard would make the expense of bringing up and keep- 
ing witnesses, to be examined, frightful; ana that these 
objections could only be met by a very great increase 
of the judicial staff, and consequent increase of expense 
to the country. 

To this it will be found, when all that is said against 
the practicability of examining witnesses in Chancery, 
as at Nisi Prius, has been considered and reconsidered 
as much as one will, that the sum and substance of the 
atvuments are reduced. The answen are*- 

First, as to the time occupied in trials, it is not cer- 
tain that a much larger portion of the time of the 
judges would be taken up, having regard to this, that 
the proportion of Chancery causes, in which there 
are manv witnesses to examine, is very small ; and 
to this also, that much of the length of the arguments^ 
in a Chancery cause, arises irom the verv imper* 
fection of the evidence, and that many a louff and 
learned argument would be completely eliminated, if a 
few questions could be put to a witness in the course of 
the cause. 

Secondly, as to the expense of bringing up and keep- 
I ing witnesses, that might be much diminished by a 
more riE^id adherence to the course of business of the 
Court than at present prevails. In Chancery certain 
days are set apart for causes ; but every one knows that» 
for various reasons, (at present, perhaps, satisfactory), 
sometimes motions, sometimes petitions, are allowed to 
continue for days and days consecutively, to the exclu- 
sion of the other business of the Court. Under the new 
system, it would of course be requisite to take causes on 
cause days, motions on motion days, and so in regard to 
each class of business; and by that regularity alone 
much of the anticipated inconvenience attending the 
bringing up of witnesses would be prevented. Some 
might remain ; but the question is, would not such in- 
convenience and expense as would remain, be more than 
counterbalanced by the benefit ? 

Lastly, admitting that more judges would be re- 
quired, and greater expense entailed upon the country, 
again the question is, which is, in the end, the cheapest 
course — to pay more for an efiPective, or less for an 
inefiective, adminbtration of iustice? Of course, in 
advocating the examination of the witnesses at the txial 
of a cause, we confine our observations to the examlna* 
tion of witnesses who would not have to be brought up 
from a very great distance — say, in these days of rail- 
road transit, 150 or 200 miles. For cases where the 
witnesses would have to be brought a greater distance, 
the evil of a separate examination seems inevitable, so 
long as the Courts of equity do not go circuit — ^a course 
of proceeding which, although perhaps not quite so 
remote as many may think, is, at any rate, not at pre- 
sent proposed, and need not, therefore, be discussed. 



Mrubebs returned to serve in Parliament.— 
Admiral Houston Stewart, for the borough of Green* 
wich, in the room of Reai'-Admiral James Whitley 
Deans Dundas, who has accepted the ofiice of Steward 
of her Majesty's Manor of Helmsholme ; The Hon. Wil* 
liam Ernest Duncombe, for the borough of East Ret- 
ford, in the room of the Hon. Arthur Duncombe, who 
has accepted the office of Steward of her Majesty's 
Chiltem Hundreds; John Isaac Heard, Esq., for the 
borough of Kinsale, in the room of Benjamin Hawes, 
Esq., who has accepted the office of Steward of her 
Majesty's Chiltem Hundreds. 



52 



THE JURIST. 



lonbon CEaHttes. 

FRIDAY, FebruartIS. 
BANKRUPTS. 

GEORGE WATERHOUSE, Rupert- street, Haymarket, and 

' Crwrford^ (not Crmoford'tlrttt^ as before advertised), Mid- 
dlesex, watch and clock manufacturer, Feb. 23 and March 
27 at half. past 11, Court of Bankruptcy, London : Off. Ass. 
Nicholson ; Sol. West, 16, Gresham-street, London. — Peti- 
tion dated Jan. 30. 

THOMAS PEARMAN, Cold Harbour-road, Brtiton, Sur- 
rey, builder, Feb. 27 at 1, and March 26 at 12, Court of 
Bankruptcy, London : Off. Ass. Stansfeld ; Sols. J. & W. 
Meymott, 86, Black friars-road.— Petition filed Feb. 7. 

WILLIAM ROBERTS, Warren- street, Camden-town, Mid- 
dlesez, builder, Feb. 24 at half-past 1 , and March 25 at 2, 
Court of Bankruptcy, London : Off. Ass. Bell ; Sol. CharU 

. ton, 18, Southampton-street, Fitzroy -square. — Petition filed 
Feb. 2. 

GEORGE LAW, Harrow-road, and late of West Drayton, 
Middlesex, hatter, dealer and chapman, Feb. 20 at half.past 
12, and March 26 at 1, Court of Bankruptcy, London : Off. 
Ass. Whitmore; Sols. Ronth & Rowden, 14, Southampton, 
street, filoomsbury.— Petition filed Feb. 9. 

GEORGE LILLYWHITE, sen., CnmberUnd-place, Brix- 
ton -rise, Surrey, furrier, dealer and chapman, Feb. 26 at 1, 
and March 23 at 12, Court of Bankruptcy, London : Off. 
Ass. Edwards ; Sol. Apps, 36, Great James-street, Bedford- 
row.— Petition filed Feb. 11. 

JOHN JAMES, Netherton, Worcestershire, tailor and draper, 
dealer and chapman, Feb. 26 and March 22 at half-past 11, 
District Court of Bankruptcy, Birmingham : Off. Asa. 
Christie; Sol. Southall, Birmingham. — Petition dated 
Feb. 7. 

JOHN FITCHETT, Birmingham, casting pot maker, dealer 
and chapman, Feb. 24 and March 13 at half- past 10, Dis- 
trict Court of Bankruptcy, Birmingham : Off. Ass. Bit- 
tleston ; Sols. Suckling, Birmingham ; Chilton & Co., 7, 
Chancery* lane, London. -^Petition dated Feb. 6. 

JOHN SHARRER WARD, Bruton, Somersetshire, silk 
throwster, Feb. 25 at 12, and March 24 at 11, District Court 
of Bankruptcy, Bristol : Off. Ass. Hutton ; Sol. King, 
Bristol.— Petition filed Feb. 10. 

JOHN FEGAN, Lincoln, draper, Feb. 25 and March 24 at 

. 12, District Court of Bankruptcy, Hull : Off. Ass. Carrie^ ; 
Sols. Sykes, Nottingham ; Harle, Leeds. — Petition dated 
Jan. 27. 

WILLIAM WHITEHOUSE. trader, Feb. 26 and March 18 
^t 12, District Court of Bankruptcy, Liverpool : Off. Ass. 

' Turner ; Sol. Thompson, Liverpool. — Petition filed Jan. 16. 

MATTHEW WARREN, Macclesfield, Cheshire, silk dyer, 
Feb. 26 and March 18 at 12, District Court of Bankruptcy, 
Manchester : Off. Ass. Lee ; Sols. Slater U Heelis, Man- 
chester.— Petition filed Feb. 5. 

WILLIAM FOSTER, Great Bolton, Lancashire, confec- 
tioner, biscuit mann£scturer, dealer and chapman, Feb. 26 
and March 18 at 12, District Court of Bankruptcy, Man- 
cheater : Off. Aas. Lee ; Sol. Sutton, Manchester.— Peti- 
tion filed Feb. 10. 

JOHN CAILE, Whitehaven, Cumberland, grocer, Feb. 25 at 
11, and March 30 at 1, District Court of Bankruptcy, New- 
castle-npon-Tyne : Off. Ass. Baker ; Sols. Evans & Son, 
Liverpool ; Bownas, Newcastle-upon-Tyne. — Petition filed 
Feb. 9. 

MSVTINOS. 

Henry YToo^^and Itwie Lyons, Cripplegate-bnildings, Lon- 
don, umbrella manufticturers, Feb. 24 at 1, Court of Bank- 
ruptcy, London, last ex. — Z>. L. Williams^ Cwmnantytarw 
Colliery, Thombill-Llandilo, Carmarthenshire, and Albert- st., 
Camden-town, Middlesex, coal owner, Feb. 24 at 12, Court of 
Bankruptcy, London, last ex. — C H, Gauiden, Hove, Sus- 
sex, licensed victualler, Feb. 24 at 11, Court of Bankruptcy, 
Ix>ndon, last ex. — John F. Cole, Hampton Court, Middlesex, 
Tictualler, March 9 at 11, Court of Bankruptcy, London, last 
ex. — Jamfo Dugyan, Maryport, Cumberland, draper, March 4 
at 12, District Court of Bankruptcy, Newcastle-upon-Tyne, 
last ex. — Joseph Storey, Hartlepool, Durham, draper, March 
9 at 11, (and notFe^. 26, as before advertised). District Court 
of Bankruptcy, Newcastle-upon-Tyne, last ex.— FTm. Na$h, 



Noble-street, London, woollen warehouseman, Feb. 25 at 1, 
Court of Bankruptcy, London, aud. ac. — George Mertiu, 
Bishops Stortford, Hertfordshire, tarpanling mana&eturer, 
March 2 at 11, Court of Bankruptcy, London, aud. ae.— F. 
Peyier, Hampton, Middlesex, grocer, Feb. 24 at 1, Conrt of 
Bankruptcy, London, aud. ac.— FFm. Boyee the elder, Dover, 
Kent, hotel keeper* Feb. 26 at 12, Court of Bankruptcy, Loo- 
don, and. ac. — C. J, Powell, Kingston, Surrey, dmper, Feb. 24 
at 12, Court of Bankruptcy, London, and. ac, — Wm. Kirhy^ 
Stockwell Park-road, Stockwell, Surrey, builder, and Hale-it, 
Deptford, Kent, licensed victualler, Feb. 24 at 11, Conrt of 
Bankruptcy, London, aud. ac. — ^icholoM Geary, St. Jamei'i- 
street, Piccadilly, and Oxford-st., Middlesex, staymaker, Feb. 
26 at 1, Court of Bankruptcy, London, aud. ac.— ^i«rf 
liozard and Frederick Robert Hazard, Bristol, victoallerB, 
March 5 at 11, District Court of Bankruptcy, Bristol, tad. 
ac. — Joseph Bayly Cadby, Malmesbury, Wiltshire, stationer, 
Feb. 26 at 11, District Court of Bankruptcy, Bristol, and. ac. 
— John Dew and Jane Estill, Bath, Somersetshire, pawn- 
brokers, March 11 at 11, District Court of Bankruptcy, Bris- 
tol, aud. ac. — Sampson Longdate the elder and Sempwn 
Longdate the younger, Stockton-upon-Tees, Durham, and 
Yarm, Yorkshire, corn dealers, March 3 at half-past II, 
District Court of Bankruptcy, Newcastle-upon-Tyne, and. ac. 
— FT. Gedge, Leicester-sq., Middlesex, linendraper, March S 
at 11, Court of Bankruptcy, London, fin. div. — Wnk, Woo^, 
Gresham Rooms, Basinghall-street, London, warebonseman, 
March 5 at 1, Court of Bankruptcy, London, dir,^ George 
Small, Folkestone, Kent, tailor, March 8 at 11, Conrt of 
Bankruptcy, London, diy.— Henry W, Farrer, Old PIsh-st, 
London, wine merchant, March 9 at 12, Court of Bankruptcy, 
London, dvr.-^Bdward Jones, Church-st., Blackfriars-road, 
Surrey, currier, March 5 at 11, Court of Bankruptcy, Lon- 
don, dW.^Thos. A. Young, Woolwich, Kent, wine merchant, 
March 9 at half-past 11, Court of Bankruptcy, Londpn, div. 
^James M'Kenna, George-at., Hanover-sq., and Rossell-st, 
Chelsea, Middlesex, tailor, March 5 at half- past 11, Coart of 
Bankruptcy, London, dvr,— James Crisp the younger, Becdes, 
Suffolk, corn merchant, March 5 at 12, Court of Bankruptcy, 
London, div. — Edward Ground, Wisbeach and Parson Drore, 
Cambridgeshire, draper, March 5 at 2, Court of Bankruptcy, 
London, diw.— Ellis John Troughton, St. Michael's-all^, 
Cornbill, London, merchant, March 5 at half.past 1, Conrt of 
Bankruptcy, London, div.— ^e<fertcit Drue, Dovrobam Mar- 
ket, Norfolk, ironmonger, March 5 at half-past 1, Conrt of 
Bankruptcy, London, div.— /oAsi Nesbitt, Edward Stewsrt, 
and John Nesbitt the younger, Aldermanbury, London, mer- 
chants, March 5 at 1, Court of Bankruptcy, London, div.— 
Joseph Turner, Eastbourne, Sussex, draper, March 9 at 12, 
Court of Bankruptcy, London, div.—/. Cummins, Bradford, 
Yorkshire, linendraper, March 5 at 11, District Conrt of 
Bankruptcy, Leeds, div.— /oAn Whitworth, Leeds. Yorkahire, 
millwright, March 5 at II, District Court of Bankruptcy, 
Leeds, diy.— FFm. Mason, Halifax, Yorkshire, draper, MarA 
5 at 11, District Court of Bankruptcy, Leeds, div.— /ffSMi 
Pennoek, York, farrier, March 5 at 11, District Conrt of 
Bankruptcy, Leeds, div.— ./osAira Eyre, Sheflleld. Yorkahire, 
grocer, March 6 at half-past 12, District Court of Bankruptcy, 
Sheffield, div. 

CBaTiriOATBS. 

To be allowed, unless Cause be shown to the contrary on or 
bifore the Day qf Meeting. 
T^os. Bart^um, Pall-mall East, and WUlesden, Middlesex, 
wine merchant, March 9 at 2, Court of Bankruptcy, London. 
^ Jacob Meane and Wm, Meane, Brighton, Sussex, brewers, 
March 9 at 1, Court of Bankruptcy, London.— FTtV/Mm M. 
Whalley, South Mimms, Middlesex, licensed victualler, March 
9 at 12, Court of Bankruptcy, London.— ^^nry Shuttleworik, 
Saffron Walden, Easex, ironmonger, March 9 at 2, Conrt of 
Bankruptcy, London.— Gler/ct L, Meates, Condnit-street, 
Hanover-square, Middlesex, grocer, March 6 at 11, Conrt of 
Bankruptcy, London.— rAomos A, Young, Woolwich, Kent, 
wine merchant, March 9 at half.past 11, Court of Bankruptcy, 
London. >-yoAii A. Edwards, Toxteth^park, near Livei^, 
lodging-house keeper, March 5 at 11, District Court of Bank- 
ruptcy, Liverpool.— Pe^er Lawton, Liverpool, chemist, March 
8 at 11, District Conrt of Bankruptcy, Liverpool.— ^oito S. 
mison, Liverpool, printer, March 9 at 11, District Court of 
Bankruptcy, Liverpool.— /o«A«a Eyre, Sheffield, Yorkshire, 
grocer, March 6 at half-past 12, District Court of Bank- 
ruptcy, Sheffield. 



THE JURIST. 



53 



IV te jfranied, unleit an Appeal be duly entered, 

Betunf X>. Steveneon, West Sanniside, Bishop W^rmontb, 
Darham, merchaot. — Augus/ue Radeliffe the youoger, CbU 
chester-plaee, Gray's-inn.road, Middlesex, window.glass mer- 
chant. — Robert Wi/liam Jearrad the yoanger, Oxford-street, 
Middlesex, carpenter. — Jabez Grimble, Sidney- sq., White- 
chapel, Middlesex, builder. — J, Smith f Altrincham, Cheshire, 
joiner. — Samuei Litchfield, Birmingham, druggist. — Joteph 
I.tcA^«/4i the younger, Birmingham,' pork butcher. — William 
lUtwliM, Warwick, maltster.— /oAn Hannah^ Huddersfield, 
Yorkshire, cloth dresser. 

Pahtxirship Dissolvxd. 

Hemy H. Allenby and Septimus Bourne, Lonth, Lincoln- 
shire, attornies and solicitors. 

Scotch SBautsTRATiONS. 

William JBlaek, Aberdeen, wine merchant. — Jamee Miller, 
Ayr, ironmonger. — W. Howieon, Edinburgh, spirit merchant. 
— Jamee Wood Sf Co,, Edinburgh, importers of Swedish 
leediet. 

INSOLVENT DEBTORS 

Who kmafiied their Petitione in the Court qf Bankruptcy, 
and have obtained an Interim Order for Protection from 
Proceee, 

William Needham, Doncaster, Yorkshire, out of business, 
Mardi 1 at 12, County Court of Yorkshire, at Doncaster. — 
Wm. Drewry, Doncaster, Yorkshire, hairdresser, March I at 
12, County Court of Yorkshire, at Doncaster.— /tod/. Heath, 
Leeds, Yorkshire, muffin maker, Feb. 25 at 10, County Court 
of Yorkshire, at Leeds. — John Steptoe, Northleigh, Oxford- 
shire, hnoer, Feb. 25 at 11, County Court of Oxfordshire, at 
Witney. — John Packer the younger, Milton-next- Sitting- 
bourne, Kent, basket maker, Feb. 28 at 11, County Court of 
Kent, at Sittingbourne.— JoAft Inman, Woodhouse Mill, 
near Huddera6eld, Yorkshire, woollen spinner, Feb. 19 at 10, 
County Court of Yorkshire, at Huddersfield.— H^m. Midgley, 
Kirkburton, Yorkshire, fancy cloth weaver, Feb. 19 at 10, 
County Court of Yorkshire, at Huddersfield. — Abraham 
Page Pemberton, Worcester, tramer of greyhound dogs, 
March 17 at 10, County Court of Worcestershire, at Wor- 
cester. — Frederick Wm, Bradley, Worcester, stonemason, 
March 17 at 10, County Court of Worcestershire, at Worces- 
ter. — Jae. Whitby, King's Lynn, Norfolk, grocer, Feb. 25 
at 4, County Court of Norfolk, at King's Lynn. — Robert 
Goodwin, King's Lynn, Norfolk, sawyer, Feb. 25 at 4, 
County Court of Norfolk, at King's Lynn. — Charlee Henry 
Shepard, Southampton, baker, Feb. 24 at 10, County Court 
of Hampshire, at Southampton. — Charlee leaac Hill, Win- 
chester, Hampshire, merchant's clerk, Feb. 20 at 11, County 
Court of Hampshire, at Winchester. — John Oeman, Red- 
bridge, MiUbrook. Southampton, grocer, Feb. 24 at 10, 
Comity Court of Hampshire, at Southampton.— 7*Ao». Orif' 
fiihe the younger, Walsall, Staffordshire, out of business, 
Feb. 27 at 12, County Court of Staffordshire, at Walsall.— 
Peter Saii, Wolrerhampton, Staffordshire, shoemaker, Feb. 24 
at 12, County Court of Staffordshire, at WoWerhampton. — 
Chaa, CtarJte, High Wycombe, Buckinghamshire, chair ma- 
mifaotarer, Feb. 17 at 11, County Court of Buckinghamshire, 
at High Wycombe.— £^v. Hodgkine, Birmingham, retail 
brewer, Feb. 21 at 10, County Court of Warwickshire, at 
Bimingham. — Jamee Carter, Wonston, Hampshire, dealer in 
wood, Feb. 20 at 11, County Court of Hampshire, at Win- 
Chester. — Thomas Tandy, Redditch, Worcestershire, needle 
manufiietarer, March 20 at 9, County Court of Worcestershire, 
at Redditch.---/oAii Woodhall the younger, Leabrook, Wed- 
nesbniy, Staffordshire, grocer, Feb. 27 at 10, Counts Court of 
Staffonisfaire, at Walsall.— ilftc^ae/ Peart, Frith Ville, Lin- 
oolnsfaire, agricultural labourer, March 4 at 10, County Court 
of Lincolnshire, at Boston.— /amM Rogers, Walsall, Stafford- 
diire, labourer, Feb. 27 at 12, County Court of Staffordshire, 
at WaUall. — James Cambray, Great Missenden, Buckingham- 
shire, saddler, March 12 at 11, County Court of Buckingham. 
diire, at Chesham.~/os^A Ardem, Altrincham, Cheshire, 
butcher, Feb. 24 at 12, County Court of Cheshire, at Altrin- 
dam. — Charles Statham, Holmer-green, Little Missenden, 
Buckinghamshire, farmer, March 12 at 11, County Court of 
Bnckinghamshire, at Chesham, 



The following Persons, who, on their several Petitions filed m 
the Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein^ 
after mentioned, at the Court-house, in Portugal^street, 
Lincoln*s inn, as follows^ to be examined and dealt with 
according to the Statute .— 

Feb. 27 at 11, b^ore the Chief CoMBcisaioNBa. 
Joseph Marsh Blackloci, Priory- place. Priory. road. South 
Lambeth, Surrey, clerk in her Majesty's War-office, White- 
hall. — Wm. TVniNjv, Horrocks-row, Newcross-road, Deptford, 
Kent, saddler.— Bay. Hough, Torrington-square, Totten- 
ham-court- road, Middlesex, exhibitor of psnoramas. 

Feb. 27 at 10, before Mr. Commissioner Law. 
John Jacob, High-street, Poplar, Middlesex, shoe manu- 
facturer. 

Feb. 28 «/ 11, b^ore Mr. Commissioner Philups. 
George Mince, Newcross-road, Deptford, Kent, tobacconist. 
— Wm. Mann, 6eorge-st., Pentonviile, Middlesex, out of 
business. — Wm. Roger Puleeton, Bedford-place, Camden- 
hill,' Kensington, Middlesex, gentleman. 

March 1 at 10, btfore Mr. Commissioner Law. 
George Bennett, Perseverance-place, Blue Anchor-road, 
Bermondsey, Surrey, corn dealer. 

" March I atl\, b^ore Mr, Commissioner Pbilups. 
Rosalie Cayley, widow, Hyde-place, Hoxton Old-town, 
Middlesex, baker. — John Chappell, Praed-street and Arthur- 
mews, Paddington, Middlesex, carpenter. — William Nash, 
Star 'Street and Arthur- mews, Paddington, Middlesex, car- 
penter. 

TTke following Prisoners are ordered to be brought up before 
the Court, in Portugal'Street, to be examined and dealt, 
with according to the Statute: — 

Feb. 27 0/ 11, bffore the Chief Commissionkr. 
Charlee Murray Lugger Cousins, Clifton-terrace, Asylum- 
road, Old Kent-road, Surrey, clerk to a stockbroker. 

Feb. 28 a/ 11, before Mr, Commissioner Phillips. 
■ F. Aulagnier, Old Cavendish-street, Oxford-street, Middle- 
sex, importer of foreign goods.— Geot^e May, Fieldgate-street, 
Wbitechapel-road, Middlesex, out of business. 

March I at 10, b^ore Mr, Commissioner Law. 
Thomas Wm, Piggott, Riley-street, George-street, Ber- 
mondsey, Surrey, hat manufacturer.- JSJvtft Leeee, Munster- 
street, Regent's-park, Middlesex, cheesemonger. — Richard 
Thomas Hart, Helien-street, BuU's-fields, Plumstead, Kent, 
carpenter. 

County Court of Lancashire, at Lancaster. Assignees have 
been appointed in the following Casee: — 

Henry Watkhwon, WaTcrtree, near Liverpool, builder, 
No. 74,562; Edward Walters, assignee.— FTt/Ziani Higginson, 
Shambles, Manchester, butcher, No. 74,592; Edward Ingham, 
assignee. — Elizabeth Redfeam, widow, HoUingworth, near 
Rochdale, Lancashire, No. 74,634 ; Thomas William White- 
head, assignee.— JbAn Openshaw, Hulme, Manchester, out of 
busmesB, No. 74,624 ; James Lyth, assignee. 

The following Prisoners are ordered to be brought up b^fbre 
a Judge qf the County Court, to be examined and dealt 
with according to the Statute:-^ 

At the County Court qf Lancashire, at Lamcastbk. 
Feb. 27 at 11. 

George Porter, Heyrod, labourer. — Robert Aehworth, 
SmaUbridge, near Rochdale, greengrocer. — Nathan Dunher- 
ley, Godley, near Hyde, Manchester, toll collector. — Henry 
Dean, Manchester, out of business. — Arthur Phipps Rudman^ 
Preston, grocer.— JoAn Pendlebury, Aspull, near Wigan, out 
of business. — Robert Shaw, Lower Broughton, near Man- 
chester, porter dealer. — WUtiam Fletcher, Ashton-nnder- 
Lyne, out of business.— J2oi<r/ Jackson, Colne, sawyer.— 
lUchard Cottam, Blackburn, moulder.— JbAii Butler, Man- 
chester, out of business.— /o An Hough, Salford, brickmaker.' 
— George Walmsley, Blaokbum, stonemason. — John Taylor f 
LiTcrpool, out of business. —JoAfi Albinson the youngert 
Little Bolton, out of business.— Fni^tem Atkinson, Salford, 
eXi(mtmooon.^Letwrtne9Murnaghem, Salford, stonemason.**- 



64 



THE JURIST. 



Sarah Ingham^ Oldham, grocer. — Samuel Steady Salford, 
patchwork dealer.— /ainm Newton, Mancfaeater, beer seller. 

Ai ike County Court qf Dewnukire, ai Exstxr, Feb, 28 
at 10. 
7%omat ShopUmd the elder, Bratton CloTelly, farmer. — 
Thomaa Skopland the yoanger, Bratton CloTclly, farmer's 
labourer. 

At the County Court of Warwickahire, at Coventry, 
Feb. 28 at 10. 
William Henry Jenie, Ettingshall, Sedglej, Staffordshire, 
licensed victualler. — Jamee Mote, Leamington, Hastings, out 
of business. — Thomae Crowther, Coventry, out of business. 

At the County Court qf Nottinghamehire, at Nottingham, 
March 8 at 9. 
William Hall, Nottingham, out of bngineaa. 

Mksting. 
Phoihe Roper, Gaol of Warwick, March 8 at 12, Harrison's, 
Birmingham, sp. aff. 

TUESDAY, February 17. 
BANKRUPTS. 
THOMAS BUXTON BARNES, Thaxted, Essex, surgeon 
and apothecary, dealer and chapman, Fab. 26 at 2, and 
March 23 at 1, Court of Bankruptcy, London : Off. Ass. 
Edwards; Sol. Sawbridge, 126, Wood-street, Cheapside. — 
Petition filed Feb. 10. 
WILLIAM STEEL, Fenchurch-atraet, London, tailor, dealer 
and chapman, Feb. 27 and March 26 at 11, Court of Bank- 
ruptcy, London : Off. Ass. Stansfeld ; Sols. Stevens & 
Satchell. Queen- street, Cheapside.— Petition filed Feb. 13. 
JOHN MILLER, Conduit-street, Paddington, Middlesex, 
com dealer, dealer and chapman, Feb. 27 at half-past 12, 
and April 1 at 1, Court of Bankruptcy, London : Off. Ass. 
Johnson ; Sols. Lawrance & Co., Old Jewry- chambers. — 
Petition filed Feb. 13. 
RICHARD KNIGHT, Balaam-street, Plaistow, Essex, late 
of Queen- street, Cheapside, London, (trading under the 
style or title of R. Knight & Co.), wholesale stationer, dealer 
and chapman, Feb. 27 and April 1 at 12, Court of Bank, 
mptcy, London : Off. Ass. Bell ; Sol. Cole, Pinner's-halL 
— Petition filed Feb. 5. 
WILLIAM HAWKINS, Heage, Derbyshire, seedsman and 
grocer, Feb. 27 and March 19 at 12, District Court of 
Bankruptcy, Nottingham : Off. Ass. Bittleston ; Sols. Ingle 
& Son, Befper.— Petition dated Feb. 5. 
JAMES TAYLOR JAMES, Birkenhead, Cheshire, and Li- 
verpool, merchant, commission agent, dealer and chapman, 
Feb. 27 and March 18 at 11, District Court of Bankruptcy, 
Liverpool : Off. Ass. Turner ; Sol. Atberton, Liverpool. — 
Petition filed Feb. 14. 
JOHN ANDREW CHRISTIAN REIMANN and JOHN 
GERARD 6ELLER, Liverpool, merchants, (carrying on 
business under the style or firm of Geller & Co.), March 4 
and 25 at 11, District Court of Bankruptcy, Liverpool : Off. 
Ass. Bird ; Sols. North & Orred, Liverpool. — Petition filed 
Feb. 14. 
EDEN CLARK and HENRY BLEACKLEY, Chorlton- 
upon-Medlock, Lancashire, ironmongers, March 2 and 29 at 
12, District Court of Bankruptcy, Manchester : Off. Ass. 
Eraser ; Sol. Lamb, Manchester.^Petition filed Feb. 16. 
RICHARD PEACOCK, Gateshead, Durham, carpenter, 
Feb. 25 at 11, and March 30 at 12, District Court of Bank- 
mptcy, Newcastle-upon-Tyne: Off. Ass. Wakley; Sol. 
Scaife, Newcastle-upon-Tyne.— Petition filed Feb. 11. 

MivnNQS. 
John Neehitt, Bdw. Stewart, and John Neabitt the younger, 
Aldermanbury, London, merchants, Feb. 27 at 1, Court of 
Bankruptcy, London, aud. ac. — Edward Ground, Wisbeach, 
and Parson Drove, Cambridgeahire, draper, Feb. 27 at 1, 
Court of Bankruptcy, London, and. ac. — Frederick True, 
Downham Market, Norfolk, ironmonger, Feb. 27 at 1, Court 
of Bankruptcy, London, aud. ac— •£//•« John Trvughton, 
St. Michael's-alley, ComhiU, London, merchant, Feb. 27 at 1, 
Court of Bankruptcy, London, aud. ac. — Jamee Colquhoun, 
Woolwich, Kent, money scrivener, Feb. 28 at 11, Court of 
Bankruptcy, London, aud. ac. and div.— ^oAn Welch, Nant- 
wich, Cheshire, coach builder, March 9 at 12, District Court 



of Bankruptcy, Liverpool, and. ac. ; March 10 at 11, div.— /. 
/. Smith, Liverpool, earthenware manufacturer, Feb. 27 at 
11, District Court of Bankruptcy, Liverpool, aud. ac— ^n. 
Nath, Noble-street, London, woollen warehouseman, March 
12 at 11, Court of Bankruptcy, London, div. — Wm, 8{ant(tn, 
Buckingham, watchmaker, March 11 at half-past 11, Court of 
Bankruptcy, London, div.— ST. Salkeld, Basinghall-st., Lon- 
don, warehouseman, March 6 at 1, Court of •Bankruptcy, Lon* 
don, div. — JR. MolAentin, Minories, London, shoe manufac- 
turer, March 11 at 12, Court of Bankruptcy, London, div.^ 
/. Wood and H. Wood^ Deamley-mill, Lancashire, woolko 
manufacturers, March 9 at 12, District Court of Bankniptcj, 
Manchester, div. — John Rhodee, Clegg-hall, and Jot. Rhodtt, 
Rochdale, Lancashire, cotton spinners, March 11 at 12, Dis- 
trict Court of Bankruptcy, Manchester, div. — John Oem- 
ehielda and Matthew Strang, Liverpool, merchants, March 10 
at 11, District Court of Bankruptcy, Liveipool, div.— TAof. 
Hattinge Irwin, Liverpool, sharebroker, March 10 at 11, 
District Court of Bankrujptcy, Liverpool, div. — Geo. JTyrit, 
Bryn Malley, Wrexham, Denbighshire, limebumer, Mardi 16 
at 11, District Court of Bankruptcy, Liverpool, div.— 7AosMt 
Richardson, Liverpool, cutler, March 11 at 11, District 
Court of Bankruptcy, Liverpool, div. — John Andrew Edwardt, 
Tozteth-park, near Liverpool, lodging-house keeper, March 
12 al 11, District Court of Bankruptcy, Liverpool, div. 

CKaTtVICATBS. 

7b be allowed, unleee Cauae be ahewn to the contrary on or 
b^ore the Day ^Meeting, 

Joaiah Joaeph Hatch, Friday-street, London, wholenle 
furrier, March 11 at 11, Court of Bankruptcy, Londoo.-> 
Archibald Mouat^ Creed-lane, London, wine merchant, March 
11 at 12, Court of Bankruptcy, London. — William Hohm, 
Crober's-cottages, Bedford-atreet, Poplar, Middlesex, builder, 
March 11 at 11, Court of Bankruptcy, London — Geofjft 
Smith, Warlter's-buildings, Old Kent-road, Surrey, oora 
merchant, March 5 at 11, Court of Bankruptcy, London.— 
Walter Pullein, Friday-street, Cheapside, London, wooUa 
warehouseman, March 5 at 12, Court of Bamkruptcy, London. 
— Richard Nelaon Reeve, Newgate- street, London, woollen- 
draper, March 6 at 12, Court of Bankruptcy, London.— TAot. 
iSVi/Mff, Basinghall- street, London, warehouseman, MardiG 
at 1, Court of Bankruptcy, London. — Edward Caima, New- 
port, Monmouthshire, com merchant, March 9 at 11 , District 
Court of Bankruptcy, Bristol.— /o An Hadjleld, Maochester, 
cotton spinner, March 11 at 11, District Court of Bankroptey, 
Manchester. — Richard Talbot, Lincoln, dealer in galranie 
machines, March 10 at 12, District Court of Bankroptey, 
Kingston -upon- H ull. 

To be granted, unleaa an Appeal be duly entered, 

Gabriel Cook, Tottenham-court-road, Middlesex, famitoie 
dealer. — Henry Wood, Cheltenham, Gloucestershire, draper. 
-^William Jonea, Castle- street, Finsbury, Middlesex, cabinet 
maker. — Thomaa Harriaon, Addle-street, London, agent and 
trimming manufacturer. — Thomaa Dorrington, Leeds, York* 
shire, doth merchant. 

Pbtition Annullvd. 

Charlea WUaan, Coventry, Warwickshire, grocer. 
Scotch SKaussTRATioNS. 

Mra. Alexandrina Elder, Edinburgh, keeper of furnished 
lodgings. — John Weatheraton, Spylaw llle- works, near Kelso, 
Roxburghshire, contractor.— Davt J Sandeman, Dundee, con- 
fectioner. — Archibald MDiarmid, Edinburgh, tailor. 

INSOLVENT DEBTORS 
Who haveflled their Petitiona in the Court qf Banbruptey, 

and have obtained an Interim Order for Protection from 

Proceaa. 

Stephen Jordan, Reigate, Surrey, bricklayer, March 5 at lit 
County Court of Surrey, at Reigate. — Jamea Webb, SafiGron 
Walden, Essex, shoemaker, Feb. 25 at 1, County Court of 
Essex, at Saffron Walden.— /oAn King Sampaon, Binfield, 
Berkshire, surgeon, March 4 at 11, County Court of Berkshire, 
at Reading. — Samuel Brown, Laneast, Cornwall, carpenter, 
March 10 at 11, County Court of Cornwall, at Lannceston.— 
John Paxman the younger, Upton, near Ade, Norfolk, tailor, 
March 12 at 10, County Court of Norfolk, at Norwich.-* 
George Bullingham, Hartpury, Gloucestershire, labourer, 
March 4 at 10, County Court of Gloucestershire, at Newent— 
Joaeph Maaon, West Bromwidi, Staffordshire, brewer, Feb. 



THE JURIST. 



6B 



21 at 2, GooDty Court of Stafibrdihiro, at 0\ibxuj.^8ikMmm 
WaikiMt, Hereford, out of bunaesi, March 4 at 10, Coonty 
Coort of Herefordabire, at Hereford.-^ G«or^e BUhopt Aylea- 
Ibrd, Keot, carrier, March 2 at 12, Comitj Coart of Kent, at 
Mudstone.— ITitfioM Cb/«, Teoterden, Kent, bricklayer, Feb. 
24 at 11, County Court of Kent, at Tenterden.— FFt//iam 
Amal/, Bebbii^n, Cheshire, baker, Feb. 20 at 10, County 
Court of Cheshire, at Birkenhead.--/oAn FUKtr^ Newark. 
npon-Trent, Nottinghamshire, batcher, March 6 at 11, County 
Couit of Nottinghamshire, at Newark. 

J%9 foUamnff Penonif u/ko, on their teveral Petiihiu filed 
in ike (Umri, have obimined Interim Ordere/br Protection 
from Procete^ are required to appear in Court ae herein- 
^ter wteniumed, at the Comrt'houeef in Portugal-etreet, 
Lkueln'e Inn, ae/ollowe, to be examined and dealt with 
aeeording to the Statvie: — 

March 3 a/ 11, b^ore the Chibv Commi88ionbr« 
WilUmn Gardnerf Providence-place, York-road, Lambeth, 
Surrey, assutant to a hosier. — ^ancee M, Crowley, finms- 
wick-plaoe. Hammersmith, Middlesex, private govemesa. — 
Wtn. GtrdleetonCf Great Suffolk-st., Borough, Surrey, oil and 
colour man. 

March 3 at 10, brfore Mr, Ootmnieeioner Law. 
CbaHee Weight, High-st., Marylebone, Middlesex, oil and 
Itdian warehotiaeman. 

Saturday, Feb, 14. 

The/etteminff Aeeigneee haoe beem appointed. Farther par- 

ticnlert map be learned at the Ofiee, in Portupal^et., 

IdMCQlm^t'inn-fielde, on giving the Number of the Caee, 

Wm. Steeemon, Brimsworth, near Rotherham, Yorkshire, 

miUer, No. 74.479 C; Richard Baxter, asaignee.-ZoAn Ste- 

teuton, Rotherham, Yorkshire, bookkeeper. No. 74,478 C; 

Richard Baiter, assignee. — Michael Heming, Stoney Bridge, 

Bellbrmigfaton, Worcestershire, farmer, No. 74,358 C.; Edw. 

Mackenn, assignee. — IVilliam Wileon, Hartlepool, Dnrham, 

grocer, No. 74,515 C; James Davison, assignee.— (?. WiiUe, 

High-it, Poplar, Middlesex, shoemaker. No. 42,141 T.; John 

Carter, new assignee, in the room of John Aogost Weiblitz, 



Saturday, Feb, 14. 
(Mere hope been made, veeting in the Provieional Aeeignee 
the Sitatee ondBfecte of the following Pereom:— 
fOn their own PetitioneJ. 
Robert Woodcock, High-st., Kensington, Middlesex, tailor: 
in the Debtors Prison for London and Middlesex.— If. O. 
Smith, Great James. St., Bedford-row, Middlesex, attorney, 
at-law: in the Queen's Prison. — Joeeph Manuel, Farmer-st., 
Shadwell, Middlesex, mariner: in the Debtors Prison for 
London snd Middlesex.— JBAm'ii Wichham, Long-laae, West 
Snddifteld, London, brewer : in the Debtors Prison for Lon- 
don and M iddl e se x .— WiUiam Puddicombe, Windsor.plaee, 
Sonthwark-bridge-road, Surrey, derk to wholesale ironmon- 
gen: in the Gaol of Horsemonger-lane.— ilj^Vtrf Parr, Lon- 
don-road, Southwark, Surrey, dealer in music : in the Queen's 
Wmm,-^ohn PoUer, Guildford-place, Lower Kensington, 
lane, Lunbeth, Surrey, derk to an attorney : in the Queen's 
Prison.— FFi/Zteei Jennin§e, Fore*street, Cripplegate, Lon- 
don, maltster : in the Debtors Prison for London and Mid- 
dleKx.— JWmcir Dinedale, Lower Qneen-street, Rotherhithe, 
Svrey, assistant to a licensed rietaaUer: in the Gaol of 
HsrscmoDfer.lane.— /oAii Bieharde, Margate, Isle of Thanet, 
Kcat, grocer : in the Debtors Prison for Londion and Middle- 
Kx.— Gcorys Brown, Jermyn^itveet, St. James'a, Middlesex, 
tailor, in the Debtors Prison for London snd Middlesex.— 
Wm, Begkowp Holdemess-terraoe, South Lambeth» Snrr^t 
curer sad giUer : in the Gaol of HoEsemonger^lane.- yamst 
iMrAer, Lower Marsh, Lambeth, Surrey, be er .sbo p keeper t 
in the Gaol of Surrey.- fr«. Keg, Kirby-st., Hatton-garden, 
MiddlflKx, printer : in! the Debtors Prison for Lomton and 
Middleisx.— Oserye Heeter, Spring.gardeas, BUsabeth-st., 
FfaBUoe, Middlesex, maltster: m the Debtors Prison for Lon- 
don snd Btiddlesex.- TTm. Devia, Bell-alley, Moorgate.8t., 
liondoo, ehinney sweeper : in the Debtors Priaoo for London 
and MMd kss x .— Bwyeetfn Brand, Duke-street, SpitalAdds, 
Middleasx, mariner : in the Debtors Prison for London and 
MiddlsBBX.— /oAii Sp^ee, Laneaster. rataU beer aellar t in the 
Gaol of LaneestBr.— JsA» Pendiahmy, JunM, near Wigaa» 
rt in te Gaol of Laneaiier.— 7« Is ke mm 



the youi^^, Truro, Cornwall, gardener s in the Gaol of St. 
Thomas the Apostle.— /o«€|iA Lamb, Chelveston-cum-Calda- 
oott, near HIgham Ferrers, Northamptonshire, in no business: 
in the Gaol of Northampton. — George Wille, Dover, Kentp 
clerk to an attorney : in the Gaol of Dover.— Aa/Aem>/ Belif 
Macclesfield, Cheshire, silk manufiusturer : in the Gaol of 
Chester. — Oeorge Grundy, Salford, Lancaahire, batter deder: 
in the Gaol of Lancaster. — William Hayward, Inkpen, near 
Hungerford, Berkahire, in no trade : in the Gaol of Reading. 
— Thomae Mote, Leeds, Yorkshire, general dealer: in the 
Gaol of York. — John Parker, Worcester, dealer in tea : in the 
Gaol of Worcester. — Richard Pool, Canterbury, Kent, boot 
closer :. in the Gaol of Canterbury.— JsmM Rogers, Pontypool, 
Monmouthshire, licensed victualler : in the Gaol of Monmou^. 
—J. Baker, Mayfield, Sussex, bailiff: in the Gaol of Maid, 
stone. — Charlee Soitmon Coiwee, Gravesend, Kent, news- 
agent : in the Gaol of Maidstone.— JoAji Hayward, Dartford, 
Kient, solidtor and attomey-at-law t in the Gaol of Maid- 
stone. — Thoe. Darton, Seaham Harbour, Durham, sailmakcr t 
in the Gaol of St. Thomas the Apostle. — Richard Tbnki 
Muckle, George-st., Woolwich, Kent, stationer : in the Gaol of 
Maidstone. — Joeeph Mitchell the younger, Ossett, near Wake- 
fidd, Yoilrdiire, cloth mannfocturer : in the Gaol of York. 
— Wm, Saxby, Edenbridge, Kent, land surveyor : in the Gaol 
of Maidstone. — George Hewitt, Hdgham, Norfolk, iron- 
founder : in the Gaol of Norwich.— i9am««/ Potter, War^ 
wick, labourer : in the Gaol of Warwick.— /oAji D, Baneonf 
St. Ive's, Huntingdonshire, out of employment : in the Gaol 
of Huntingdon.— iileJIerif Banke, Hindl^, near Wigan, Lan- 
cashire, retail dealer in ale : in the Gaol of Lancaster.— /0#. 
Oreenelade, Blackmore Cliff, Bampton, Devonshire, fanner : 
in the Gaol of St. Thomaa the Apostle.— TTkes. Underwood, 
Bristol, warehouseman: in the Gaol of Wilton. — Robert 
Gowlandp New Cassop, Durham, publican : In the Gaol of 
Durham. 

TkefoUaeeimg P r i eo mere are ordered to be brought up before 
the Court, in Portugal-etreet, to be examined and dealt 
with according to the Statuie:^ 

March 2 of 11, before the Cenr Comiiibsiomxb. 
George Stride, Windsor-plaoe, Southwark-bridge-road, 
Surrey, out of business. — Wm. Woodger, Aldersgate-street# 
London, farrier.— Iteetd Tkmss, ManseU-st., Goodman's- 
fielda, Middloaex, eoachamith.— /eeist Welch the younger, 
Pratt-st., Camden-tewn, Middlesex, bricklsyer. 

March 4 o^ 11, brfore Mr. Commieeianar PHiLLiPt. 
John Auguetue Payne, High Holbom, Mlddiesez, out of 
business. 

The following Prieomere are ordered to be brought up brfore 
a Judge ^ the Ooumip Court f to be omamined and dealt 
with according to ike Statute t^ 

At the Comity Court qf Kent, at Maiostons, March 2 
at 12. 
John Baker, Mayfidd, baiHff.— ClarJet Sohwum Comeee, 
Gravesend, out of busuMas.^fFak Saxby, Edenbridge, land 
anrvayor.-->/sAis Hayward, Dartford, aolicitor and attomey- 
at-law. 

At the OomUy Oomrt ofBerkekhre, at Rsadxno, Ifcreil 4. 

Charlee Savill, Seymowr-plaee, CaBuden-town, MiddlesBK* 
dieesemonger.— I^fli. Ayiaercf, Inkpen, nesr Hungerford, in 
no trade. 

At the County Court qf Monmouthehire, at Monmouth, 
jrereitl2e/2. 
Jamee BogerOf Pontypod, liosnssd vietnsUer. 
At the Comtty Oemrt nf Oh u co e tere hir e, at GLovcnrm, 
March 25 at 10. 
TAseiaff Ryland, Chdtenham, stonemason.— i/sJN> TUy, 
Cndlonlum, dieniit. 

IWBOLTBHT DSBTQas' DmOBHOS. 

John /. Hood lAngardf Trinity-square, Southwark* Survey, 
msster in the Navy i 4s. 7tf . in the pound.— Arniy Lockyer, 
Southainpton, leather aellers Ze.bid. in the pound.— /oAii 
Fraeer Waiker, Fsatberstene-buildlngs, Holbom, Middlesex, 
attomey-at-ltw : 1<. %id, in the pound.— illfsn ffurreU, 
Crown-oourt, Aldersgate-st., London, derk in the General 
Plwt<ofioe t 3ff. Oi^ in the pound.— RfeAer<f rsisit, TrafU- 
gar?sq«aie, Httgmjf Mlddlnsx, derk ia the General BfflilT 



66 



THE JURIST. 



snd Record OiBoe of Seamen : 4«. 3i. in the ponnd.— Bay. 
Xaiuf, Greenwich, Kent, out of biuinett : 7id, in the pound. 
Wm. HulchUont Acre-lane, Brixton, Surrey, grocer : 5«. Ad, 
in the pound. — Jotepk Pate$ the younger, Manor- place, 
King's-road, Chelsea, Middleaez, baker: U, 2^d. in the 
pound. — Tho$. Alettporth, Liverpool, general dealer: S§, 6d. 
In Uie pound.— ilrM«r W, TSffin, Chwlton, Kent, lieutenant 
in her Majesty's Artillery: 1$, 3}(f. in the pound.— /ame« 
Churehili, Suffolk- place, Hackney-road, Middlesex, foncy 
cabinet manufkcturer : 3«. Hd, in Uie pound. — Robtrt John 
Lemay, Arbour-square, Commercial- road East, Middlesex, 
clerk to a brewer : Sd. in the pound. 

' Apply at the Provisional Asngneet^ (ffflee, Portuyal-itreet, 
Lincoln* t'inn-fieldtt London^ between tAe hour§ qf II and 3, 



. Mastkbs in Chancbrt. — The Lord Chancellor has 
appointed the following gentlemen to be Masters Ex- 
traordinary in the High Court of Chancerv :•»— Thomas 
Smith Wykes, of Croydon, Surrey ; WiUlam James 
Tucker, of Chard, Somersetshire. 



LAW. — A Gentleman, lately admitted, who was articled in 
an ofliM of eztemive practice in the Weft of England, wiahM to 
ObUin a SITUATION in an OFFICE with a good CONVEYANCING 
PRACTIC E in the COUNTRY, with a view to a Partneohip. Address, 
K. 6., Godwin's Library, Milaom-itreet, Bath. 

MERICAN AGENCY IN LEGAL MATTERS, 

9. NASSAU-STREET, NEW YORK. 
■ IRVING PARIS, Solicitor, NoUnr Public, and Commlaaioner to 
lake Depositions and certify all Legal InstrameBta: 

For the Prosecution and Recovery of Claims, and for Collections ge- 
nerally, embracing Debts, Legacies, and Inheritances, in the United 
States: 

For procuring the ExacutioQ and Anthaatleation of Legal Instm- 
ments, and obtaining Evidence and Information in Legal Mattais, or as 
to parties: 

Also for the Purchase and Sale of Lands, and InvestnMiitsoa Mort- 
gage or in Stocks, and collecting Dividends and Interest. 
RxrzasiicBS. 
J. C. Rutter, Solicitor. 4, Ely-place, Holborn. ) 
David Bogne, Esq., Fleet-street. V London. 

Thomas Delf, Esq., Paternoster-row. J 

Washington Irving, Esq. *) 
Bon. Judge UUhoeffer. \ New Yoriu 
George P. Putman, Esq. ) 
Henry Van Wart, Esq., Birmingham. 

In the press, and shortly will be published, price 7«., 
rpHE PUBLIC HEALTH ACT, (11 & 12 Vict. c. 63). 
•L with the Practice of the General and Local Boards. By CUTH- 
BERT W. JOHNSON, F.R.S., Barrister at Law, Chairdttin of the 
Croydon Local Board of Health. 

London: Charlee Knight, Fleet-street. 



RATING OF RAILWAYS. 
In 12mo., price it, M, boards, 

A SUMMARY of the LAW as applied to the RATING 
of RAILWAYS and other Undertakings, extending through 
several Parishee, with the Judments in the Cases of the London, 
Brighton, and South-coast; the South-eastern; and the Midland Rail- 
way Companies, delivered February 22, 1851. And Notes of all the 
Cases hitherto decided by the Court of Queen's Bench on the subject of 
Railway Rating; and some Observations on the Practical Mode of 
assessing a Railway. By HENRY JOHN HODGSON, Esq., of Lin- 
coln's-inn. Barrister at Law, Recorder of Ludlow. 

" To shareholders and ratepayers, as well as to lawyers, the work before 
OS will be found to be useful, and we can recommead it as being an ex- 
tremely clear and accurate sutement of the sul^ecC on which it professes 
to trMit."~V«rw<, No. 750. May 24, 1851. 

Stevens k Norton, 26, Bell-yard, Lineoln's-inn. 

POLLOCK'S COUNTY COURT PRACTICE. 

Recently published, in 1 thick voU 12nio.. price 15«. cloth boards, 

THE PRACTICE of the COUNTY COURTS, in Six 
Parts:— 1. Proceedings in Plaints; 2. Jurisdiction under Friendly 
Societies Act; 8. Jurisdiction under Joint*stock Companies Winding-up 
Act; 4. Jurisdiction as to Insolvent Debtors; 5. Jurisdiction under Pro- 
tection Acts; 6. Proceedings against Judgment Debtors; with the De- 
cisions of the Superior Courts relating thereto; and Table of Feee^ also 
an Appendix containing all the Statutes under which the County Court 
has Jurisdiction; a List of the Court Towns, Districts, and Parishes; 
and the New Rules of Practice and Forms; with an Index to the ofin- 
cipal Matters and Cases referred to. By CHARLES EDWARD 
•POLLOCK, Esq., of the Inner Temple, Barrister at Law. 
S. Sweet, 1, Chancery-lane, London. 

Of whom may be had, 

CHITTY, JUV., ON CONTRACTS. 

In one thick vol. royal 8vo., price U. lU. M. cloth boards, 

A PRACTICAL TREATISE on the LAW of CON- 

TRACTS NOT UNDER SEAL, and upon the usual Defences 

to Actions thereon. By JOSEPH CHITTY, Jun., Esq. The Fourth 

Sdition, by J. A. RUSSELL, B.A, of Gray's inn. Barrister at Law. 



1?QUITY and LAW LIFE ASSURANCE SOCIETY. 
^ —The DIVIDEND on SHARES for the Year 1851, at the rate 
of 4/. 10«. per Cent tno fh»n income daty, is m eoorse jf payment 
at the Office daily, Wednesdays exeepted, between the hoi4* ^ eleven 
and two. 
26. Lineoln*s-inn-flelds, Jan. 22, 1852. 



E^ 



UITY and LAW LIFE ASSURANCE 90CIETY, 

No. 26, Linooln'S'inn-fields, London. 



The Right Hon. Ix»rd Monteagle. 
The Right Hon. Lord Cranworth. 
The Right Hon. the Lord jCbief 

Baron. 
The Hon. Mr. Justice Coleridge. 



The Hon. Mr. Justice Erie. 
Nassau W. Senior, Esq., Master 

in Chancery. 
C. P. Cooper, Esq., Q. C, LL.D., 
F. R. S. 
George CapT9n, Esq. 
The Business and Interest of the Etonian Assurance Coaspany have 
been transferred to this Society. 
Policies in this Office are indisputable, except In cases of ftaud. 
Persons who have been seen by a Medical Officer of the Society are 
not required to appear before the Directors. 

"Free Policies are issued at a small increased rate of Premiosi, 
which remain in feroe altjiough the Life assured may go to any paA of 
thewasld. 

BMIeles do not become void by the Life assured going beyond the 
prsacribed limits, so far as regards the interest of Third Parties, pro- 
vided Hiey pay the additional. Premium so soon as the fiiet comes to 
their knowledge. 

Partiee assuring within Six Months of their last Birthday ass sl- 
lowed a diminution of Half-a-year in the Premium. 

The Tables are especially favourable to younif and middle-aged Lbes, 
and ttie limits allowed to the Assured, without extra diaxge, are un- 
vsually extensive. 

Eighty per Cent of the Profits are dirided at the end «r ereiy Five 
Years among the Assured. At the first division, to the end of 1849, the 
addition to the amount assured averaged above 501. per Cent, on the 
Prtmloms paid. 



WXlfO SXBI TITAT. 

DISEASED. DECLINED, AND HEALTHY LIVES ASSURED. 
MEDICAL, LEGAL, and GENERAL MUTUAL LIFE 
•^▼-1- ASSURANCE SOCIETY, 126, Strand. 

. EsUbUshed in 1846. 
- rausTsas. 
James Copland, M. D., F. R. S. I The Right Hon. the Master of the 
John Billingsley Parry, Esq., Q.C. Rolls. 
Vere Fane, Esq. | James Russell, Esq., Q. C. 

DiaxcToas. 
J. B. Parry, Esq., Q.C., Lincoln's-inn, (Chairmaa). 
•G. H. BarltiW, M. D.. Guy's Hospiul. 

D. Comthwaite, Esq., Old Jewry Chsmbers. 

•F. J. Farre, M. D., F. L. S., St. Bartholomew's HospiUl. 

T. W. Greene, Esq., Lincoln's-inn. 

Richard Jebb, Esq., Lincoln's-inn. 

*J. C. W. Lever, M.D., Guy's Hospital. 

•W. J. Little, M. D., London HospiUl. 

J. Parrott, Esq., Clapham-common. 

•R. Partridge. Esq., F.R.S., King's College Hospital. 

*R. Quain, Esq., F. R.S., University College Hoepiul. 

R. Smith. Esq., Endsleighstreet. 

F. T. White, Esq., Lincoln's-inn. 

J. H. White way, Esq., Lincoln's-icn-fields. 

AUDITOKS. 

John Brown, Esq., Sutgeon, Hammersmith. 

G. Carew, Esq., Solicitor, Lincoln's-inn<ftelds. 

F. W. Remnant, Esq., Solicitor, Lincoln'sinn-fidds. 

E. Ray, Esq., Surgeon, Dulwich. 

Bakxuis.— Messrs. Praed, Fane, Pracd, & Johnston, 189, Fleet-street 

Stakdiwo Covksbl. 

T. W. Greene, Esq., 0, New-square, LineolaVinn. 

SoLXCiToas.— Messrs. Pooley. Bcisley, & Read, 1, Lincoln's-inn- Adds. 

SscazTART.— Frederick J. Bigg, Esq., 126, Strand. 

The Directors marked with an asterisk ** are the Medical Extatin^n 

of the Society, one of whom is always in attendance on Mondays m, three 

o'clock^ and on Thursdays at four o'clock. 

Policies xxvek nisrirrsD in the absence of wilful fraud. They mn 
a sure and safe provision for settlements, renewal of leases, security for 
debu, ftc. 
BkriKE NsT PaoFiTS divisible among the Assured Members. 
Policy Stawps may be coxkuyxd by a small annual payment. 
Medical PnACTiTiovEEs paid by the Office for every case reiferred 
to them for their professional opinion. 
Every form of assurance at moderate rates. 
Proraectuaes, fte. will be forwarded free on application to 

FREDERICK J. BIGG, Secretary. 
126, Strand. 

N.B. — London agents wanted. 



•«• Orders for THE JURIST given to any Newamaa,or letterldost- 
paid)s«ntto the Office, No. S.'CHANCERY-LANE, or to STEVENS 
ft MORTON, 26 and 39, BELL- YARD. LINCOLN'S-INN, will insure 
its pmetnal delivery in London, or its being forwarded on the evcnisc 
of publication, th r»ugh thei m edium of the Post Oiftce, to the Country. 

Printed by HENRY HANSARD, Prixtea, residing at No. If, 
Park Square, Regent's Park, in the Parish of St. Marylebone, itt the 
County of Middlesex, at his Pristijig Office, situate in Parksv Street* in 
the Parish of St. Giles-in-the-Fields, in the County aforesaid ; and Pub- 
lished at No. 9, Chavceet Laex, in the Parish of St. Dunstan in the 
West, in the City of London, by HENRY SWEET, Law BooKsxitxn 
and PiTBLXSHBB, residing at No. 41, Great Coram StMst, In the Parish 
of St. George. Blooasbury, in the County of Middkssz.— Satnrdsy, 
February 21, 1852. 




)S^ 



i4-4- \'r^ lyr^ 



yp, 790— Vol, XVI. FEBRUARY 28, 1852, Price U., wUh Supplement, 2s. 

NAMES OF THE CASES REPORTED IN THIS NUMBER. 

CouBT OP Chancery. 
Hickliiif V. Boyer.— ( WiU — OmitmetUm — Sptdfie 
Ugmiee ofjAonkoldt liable Jvr JHimpidaiUmt) . . 137 

Court of Appeal in Chancery. 
Jljr |Mrfe Bowers, m r§ Bowen,—{BanJtnipte9 Ltm 
ComtoHdaiiam Act, 1849— JFbnn qf Prottetm^ 
Order mnder JVadiT'Debtor Arrmtgnuni CUmitt) 139 

Rolls Court. 
Loiiiailoii 9. Boyoo.— (^UMfiMM qf TenmUfor Itfe 

ma emiUled to Imewme firvm Pmeeeie ^ Otm* 

wtemUl TbmUr wnmgftMif eui) 140 

Blacket V. ljunb.^(A ComdUi&n mmexed to an Aj^ 

pmniimaui, amd inetmeUtemt with the Pouter, i» 

*«^ 142 68)....' "...:..... 151 

Vicb-Chancellor Turner's Court. 
Clone V. Lawrmoe— Crone v, Keeiie.—( Finulor and 

Pnrtkmeei^^Copffkoide hnUnmsed with Freeholde 

— rbn*ir) 142 

Vic»-CsA3rGBUUiR Kxndrbslet'b Court. 
HinWiok o. Sodth.— (P^MiUil^— EMfp^ioNt— JWmo- 
vtry^V^eihart) 144 



Yicr-Chancellor Parker's Court. 
Gmt Northern ReUway Company v, Manchester, 
Sheffield, and Lincolnshire Railway Company and 
Others. — {If^unetion—Affreemetkt between two 
Bailway dmpaniee qf a pemument Ckaraeter) , , 146 

Court op Queen's Bench. 
Re James Hall v. Norfolk Estoary Company.— (Deed 
of Tranter qf Sharee, CaU unpoMd—S Sf 9 Viet, 

c. 16,s.l6) 149 

PrisooU r. WhaUey.— (/ndfjrmm^ me in Caoe qf Non- 

euU—AffidaoiC) 150 

Exchequer Chamber. 
South-eastern Railway Company v. Ricfaardson.— (0»f^« 
qf Compentation Inquiry-^S Sf 9 Viet. e. 18, «. 51, 



Court of Exchequer* 
Marks V. Hamilton.~(/iutira6/« /»/«ret/— /nto/veiiO * 152 
Sneider r. Mangino.— (14 8f 15 Viet, e, 99, e. 6~/fi. 

tpection qf Documented Skarebroier) 153 

Crown Cabbb Reserved. 
Reg. r. Blakemore.— (HtjrAuri^ — lAoMliip to repair 
raiione Tenur a— Conviction — Betoppet) 154 



LONDON, FEBRUARY 28, 1852. 

In a Y«ry recent case before Vice-chancellor Parker, 
not jet reported, it was held that wood-cuts, or, as 
they are aometimes called, wood engravings, printed 
on the same sheet as the letter-press of a book, are 
not within the Engraving Act, 8 Greo. 2, c. 13, so as 
to require the name of the proprietor and the date of 
pnblication to be printed at the foot of the print, but 
are part of the book, and are, as such, the subject of 
copyright; and his Honor accordingly granted an in- 
junction to restrain the infiringemeut of such copyright. 
The sobject is one of very considerable importance, in- 
asmuch as there are now innumerable works published, 
in which the prints are what are termed wood cuts 
or wood engravings, and are printed on the same sheet 
as the letter-press; and in such works it has been 
ilmost the invariable practice of publishers not to put 
tbe^date of Aul^icaliob^at the foot of the prints. 
uS^eB,l^hererare^ decision is 

^fight, there ia a very large amount of valuable literary 
property, or supposed property, wholly without protec- 
tion; and that being so, it is very reasonable to expect 
that the subject will have to undergo discussion at law 
before it is settled. 

With regard to the ground on which the Vice-chan- 
cellor decided, we are not going to suggest any objec- 
tiona, nor, indeed, to offer any observations at all. 
But even assuming the decision to be assailable on that 
ground, there are other views on which, probably, a 
Court of law would be induced to hold, that, in wood- 
cuts generally, copyright subsists, although the 8 Geo. 2 
shall, not teve been complied with. 

VoL?XVL G 



The language of the Engraving Acts^ the 8 Geo. 2,c. 13, 
and the 7 Geo. 3, c. 38, is peculiar. The 8Geo. 2, c 13, 
refers only to inventing, designing, engrawing^ dtching^ 
or working in mezzotinto or chiaro ooeuro; the 7 Creo. 3, 
c. 38, uses the same language. The 2nd section of the 
8 Geo. 2, c. 13, making it lawful for purchasers to print 
engravinga in which there is copyright, speaks only of 
purchasers of any plate or pkUes for printing. It is 
submitted that this language is not applicable to prints 
produced by means of carving blocks of wood, the re- 
sult of which mode of carving is not to produce any- 
thing coming within the description of deiignin^y etching, 
or working in mezzotinto or chiaro OKuro; nor can it 
with any degree of common accuracy be said that the 
Legislature, in speaking of a plate for printing, meant 
a block of wood ; for — and on this sort of question the 
practical differences between two arts are not immate- 
rial — it must be borne in mind, that engraving^ in the 
ordinary sense of the term, and carving in w<^|l, are 
quite different processes. In the one— -that is, x^etal 
engraving — the figure to be printed is formed by^the 
parts hollowed out by the graving instrument; in the 
other, the figure to be printed is formed by the sur- 
faces left prominent, all between them being cut out : 
so that the mechanical operation of wood-cutting is 
not engraving at all; still less is it etching, which 
consists in producing the destruction, to a certain 
depth, of a portion of the metal plate, by meanif of 
some acid or mordant. Bearing also in mind, that at 
the time when the acts of the 8 Geo. 2 and 7.G^. 3 
were passed, none but prints of the rudest and coarsest 
kind were ever produced by wood-cutting, and so that, 
in fiict, the protection of wood-cuts was not likely to 



58 



THE JURIS !• 



be thought of, it ia submitted that the Engraving Acts 
do not, either in terms or in spirit, extend to prints 
irom carved wood — that is, to what are technicidly as 
well as popularly called wood-cuts. Now, assuming 
that to be so, the next step is to inquire what is the 
effect of the Copyright Acts upon the copyright in 
wood-cuts. The old Copyright Act, 8 Anne, gave, as 
is well known, copyright in ^M)ooks." The case of 
Dmalion v. Becket (4 Burr, 2408; 2 firo. P. C. 146) 
decided, that, at common law, an author had copyright 
in his works, and that the statute of Anne took away 
that right, substituting for it the statutory right. Now, 
though that case immediately concerned literary com- 
position, and not the composition of printed figures 
produced by carving wood, yet the reasoning of the 
case applies equally to the latter, as a production of 
the mind; and it is submitted that that case would be 
an authority to shew that, at common law, the author 
of a drawing carved out of wood, and reproduced by 
printing, would have copyright in it. If so, then 
formerly the 8 Anne, and now the act of Victoria, 
which is substituted for it, would have one of two 
effects— either it would include wood-cuts under the 
general term of books*, and then would give in them 
tiie statutory copyright ; or it would not include 
them, and then, if it did not include them, it would 
not destroy the common- law right : so that, assuming 
designs carved in wood not to be within the Engraving 
Act^ they are the subject of copyright, either within 
the meaning of and subject to the 5 & 6 Vict. c. 45, or 
at^^Mumon Iftw. Of coarse, on a point so untouched 
by authority before the decision of Vice-Chancellor 
Barker, all arguments must be more or less inconcln- 
^ve; and we merely, therefore, throw out the above 
TiewB for the consideration of our readers. 



QTonesponlKence. 

PROFITS WITHOUT LIABILITY. 

TO THB EDITOR OF " THB JUBIST." 

Snu — After readioff your very clear exposure of the 
abaurdity of Lord Eldon's dictum in Ex parte Hamper^ 
I was xnther disappointed to find that you acquiesced 
in his Lordship's assertion, that the unintelligible 
proposition is part of the law of England. That it 
w«8 not law up to the moment when tnat dictum was 
uttered is certain, (see Collyer on Partn. 24; Bisset 
on Partn. 13), for the oases '< clearly settling" the 
distinction so much regretted h^r Lora Eldon never 
existed but in his Lordship's imagination. That it was 
not made law by what was sud and done in Ex parte 
Romper will appear from a statement of the case. Se- 
parate oommisnons of bankruptcy had issued against 
Kogers and Thomas, and Thomas had obtained his cer- 
tificate, which lay before the Lord Chancellor for allow- 
ance. A joint commission then issued, and the joint 
creditors, with a view to supersede the separate commis- 
Moiis, presented a petition to stay the certificate. This 
was opposed by Thomas, who denied that there was any 
IMrtnership to support a joint commission, or any joint 
Mo^oriy — ^the ^;o<xls consigned to Thomas at lading 
having been originally purchased by Rogers with bills 



^ There is not wanting antfaority for including designs, to be 
Mprodiioed by printhig, within the statate of Anne. See the 
case of Beck v. Longman^ (Cowp. 523), in which Lord Mans- 
field intimated that hieroglyphics would be within the act. 
2 



drawn b^ him. It was admitted that Thomas was pet' 
atmaUf liable to the partnership creditors, and the only 
question was as to the ownership of the propertv sought 
to be administered under the ioint commission, and 
whethw the admitted personal liability gave the joint 
creditors a preferential claim on the'goods which fonued 
the subject of the joint adventure. There was an ex- 
press agreement to share the profits, and of course it 
was not suggested that anything turned <m the niee^ 
of the distinction between a share in the profits and t 
right to a sum equal to a share of the profits. But Lord 
Eldon was not in the habit of confining his remarks to 
the matter in hand ; and Mr. Vesey teUs us, that in the 
course of conversation his Lordship said, " They may 
clearly agree that all the property shall be the probity 
of one exclusively, but that the other shall participate 
in the profit arising from it. The cases have gone fur- 
ther to this nicety, — unon a distinction so thin, that I 
cannot state it as established upon due consideration,— 
that if a trader agrees to pay another person for his 
labour in the concern a sum of money, even in propo^ 
tion to the profits, that will not make him a partner; 
but if he has a specific interest in the profits them- 
selves, as profits, he is partner. Another considenUm 
is the consequence of that as to third persons.*^ His 
Lordship was here plainly speaking of the constitution 
of partnership between the parties; and the distinc- 
tion stated by him to be thm seems to be perfectly 
sound and satisfactory. It is a rule of construction 
merely. As between themselves the parties may agree 
either to be or not to be partners. If they agree in so 
many words, there >is no question: if their agreement ia 
silent on the point, the intention must 4>e made out by 
inference; and an intention not to be partners may 
well be inferred where the parties take the trouble to 
stipulate tliat the remuneration of one of Ahem shall be^ 
not a share of the profits, but a sum fluctuating with 
the profits. The remuneration will be the same in each 
case if profits are made ; but the relative positions of the 
parties will be, as they were intended to be, very diffe- 
rent in the two cases. The distinction is not thin, bat 
substantial and reasonable. On a subsequent day bis 
Lordship said, *' Thomas is clearly a partner as to third 
persons ; whether as between himseff and Rogers is a very 
dijfferent consideration. The ground as to third persons 
is this— it is clearly settled, though I reeret it. that if 
a man stipvlatee that as the reward of his labour he 
shall have, not a specific interest in the business, but a 
giiren sum of money, even in jjroportion to a ^vea 
quantum of the profits^ that will not make him a 
partner; but if he agrees for a part of the profits 
as such, giving him a right to an account, tnongb 
having no property in the capital, he is, a« fo twi 
persons^ a partner; and, in a question with third 
persons, no stipulation can protect him from lofls* 
Upon the memorandum, therefore, and the letteis 
in this case, there is no doubt that Thomas would be 
liable." Here we have what two days before was 
stated to be the test of partnership inter se, now used, 
by way of contrast, aa a teat of liability aa a partner to 
creditors. The first remark augvested by thia dictum 
is, that it does accurately state tiie test of partnaiship 
inter se, although his Lordship, contradicting his former 
remarl^, said &at that was a very difi^erent considera- 
tion. An agreement to share profits certainly does 
constitute a partnership as between the parties, even 
though it be coupled with a special agreement that one 
party shall bear all the loss. {OUpin v. Enderfy, 5 B. 
& Al. 064; Bond v. Pittard, 8 M. & W. 867). The 
dictum appears still more inexplicable when tne facts 
of the case are considered. Not only was there no sti- 
pulation against a partnership or community of profit 
and loss, but the parties in their correspondence styled 
themselves partners, and spoke of their hoase; and, 
according to the report in 1 Roaty 89> (nom. EttpmiU 



THE JURIST. 



69 



Rowhmbm), there was an express stipalation to shaie 
profit or loss. 

The dietiiin in Eg parte Hamper was not loanded on 
nj prerions decision, and it has not since been acted 
«iL Mr. Begbie, following Dr. Stonr, supposes that 
Loid Eldon relied principally on JravQh r. Carver 
(2 H. BL 295) and Grace ▼. SnH$k, (2 W. BI. 998). 
But Wmnffk ▼. Cktrver merely decided that liability to 
creditors arises ont of an ap;reement to share profits; and 
the point in €fraee ▼. Smt$h was, that a Jiied annuity 
to a retiring partner does not render him liable to new 
cteditoTB. In & parte Lonsdale (18 Yes. 800) it was 
allied that certain brewers stipulated with a publican 
that they should supply bim with beer at 17 8, per 
banrel abore the market price, they paying half his 
rant; and Lord Eldon directed an issue to ascertain 
whether the agreement was for an interest in the pro- 
fits. That case, therefore, is not in point. And Dty 
T. BoBweUy (1 Camp. 329), which is often cited in oon- 
iMzioB with Ex jmrte Hamper^ is eaually irrelevant. 
There the stipulation was for half of the gtrou earnings 
of a lighter, which Lord Ellenborouj^h held was very 
different from a participation of profit and loss. This 
was followed in Po^ y. Ey^m^ rS C. B. 82), (when the 
Court erred in stating that in Ex parte Hamper^ Lord 
ELdon acted on his dictum). See Barry y. NeeAam. 
(3 C. B. 641). 

Mr. B^hie seems to consider that his position is 
ficKrtified by the weight of Dr. Stoiy's authority; but 
titat writer's reputation b rapidly declining, and even 
at its greatest neight would scarcely have been suf- 
oient to cover the extraordinary blunders which he 
baa eomraitted in his attempt to explain and justify 
Lord Eldon"^ doctrine. Whoever will take the trouble 
to examine the 100 pages devoted to this subject in 
0r* Story's Commentaries on Partnership, will find 
that, in addition to the cases noticed above, the follow- 
ing are cited as being in point :— WUhiwfton r. Herring^ 
(8 Key. & P. 80); A parte J)igfy, h Deac. 841); 
BxparU HodgHneoHy (19 Yes. 29) ; SamUe v. Rodertsw, 
(4 T. R. 720); and & parte GeUoTy (1 Rose, 297>— 
oaaea in which the existence of a partnership was never 
qaeatioiied: and also the following cases, in each of 
whkli the question was solely as to the existence of a 
partnenhip as between the parties themselves : — Heeketh 
T. BkmAardy (4 East, 144); SmM v. FToCMm, (2 B. h 
Or. 401); Dixon y. Cooper, (2 Wils, 40); Benjamin v. 
Barteme, (2 H. Bl. 590); Gmom v. FFtW, (2 Stark. 
46): Ex parte Wateon, (19 Yes. 461); Green v. Burley, 
(2 Soott, 104); Mair v. Glenme. (4 Man. & S. 240); 
Pierrot y. Bryant, (2 Y. & C. 61); Cheap v. Cramond, 
(4 B. & Al. 668); M^^er v. S^rpe, (5 Taunt. 74); 
Jkrramt y. Copeland, (2 Bing. 270); Peaeoek v. Pea- 
eaeky (2 Camp. 45); Copparar, Page^ (Forr, 1); and 
OUpm y. Bnieriy, (5 B. & Al. 954). After this sUte- 
nMnt I shall be excused from discussing Br. Story's 
oonmentary on Ex parte Hamper, 

In confirmation of your remark, that Lord Eldon's 
teat, founded on the existence or non-existence of the 
zlgBt to an account, is no test at all, the case of Eatsch 
▼. SAmek ns Jur. 668) may be referred to, where the 
l0ta Viee>cWicellor, without deciding whether a part- 
nenhip existed or not, held, that the remedy of the 
plaintifFmust be the same in either view, because he 
had an uiterest to know what was the amount of 
piofits. 

No question is more frequently put to a commercial 
lawyer than the question, by what device may a capi- 
taUrty a person having skill, or a person having influ- 
enoe, he enabled to participate in the profits of a 
bttsinea without beoomine liable for its losses ; and if 
there were any element of soundness and practicability 
in the doctrine laid down by Lord Eldon in 1811, it is 
no disparagement to Mr. fi^bie*s ingenuity to say, 
that it most have produced some practical result long 
8 



before the announcement of the Steam Crondola Com- 
pany in 1852. 

It is almost superfluous to test Lord Eldon's diction 
by a reference to the foundation of the rule, that parti- 
cipation in profits involves liability to losses. 1%6 
reason commonly given for that rule, that he who takes 
a part of the profits takes from the creditors a part of 
that fund which is the proper security to them »>r the 
payment of their debts, (per £yre, C. J., in Waaffk y. 
Carver. 2 H. Bl. 285), is not vei^ satisfactory; far, 
until the creditors are paid or provided for, there ave 
no profits ; so that he who shares the profits comes m 
after the creditors, and not in competition with thewu 
But he who is paid, according to lK>rd Eldon's dbtine- 
tion, a remuneration propoitional to a share of the 
profits, if he is not a partner, comes in as a credit<Nf, 
and, if his claim is not promptly dischaived as it arises^ 
may, by enforcing it after a reverse has happened^ 
diminish the fund which ought to be applied for tha 
benefit of subsequent creditors. The true ground of 
the rule appears to be, the expediency of discouraging 
that kind of speculation in trade whush would previfl 
if the credit which the possession of skill or capital 
naturally attracts were allowed to be made use of inr 
the purpose of realising large profits to the possessor of 
the skill or capital, without mvolvinff hnn in corrs- 
spending liability. The relaxation of the usury laws 
has nearly deprived the rule of its efficacy, so far as 
capitalists are concerned ; and the practical results of the 
change have been such as to justify the inquiry, whelher^ 
instead of adopting the French law of partnership, it 
would not be wiser, without returning to the absurd 
prohibitions of the old usury laws, to give to the orjll- 
nary creditors of persons in trade a priority over these 
whose claims are lounded on loans at a rate of interest 
considerably above the market value of money. 

P. T. 



Sfttbifto. 



An&a€^on the New Statutee relatit^ to LimUaHane ^ 
Time, Estatee Tail, Dower, DeeoenS^ Operation ^ 
Deeds, Merger of Attefidant Terau, Defective Exea^ 
tion of Powers of Leasing, WiUs, Trustees^ aad 
Mortgagees. i9y /Sir Edward Suqdjsn. Bv0;pp,4^» 



Sn Edward Suoden explains that the foundation ef 
this Essay was the chapter on the New Statutes in the 
treatise on Vendors and Purchasers, which, howeyer 
useful in that work, when the new laws were but little 
known, no longer forms a fit portion of it, now that the 
decisions upon the act have become numerous and im- 
portant, as it would be inconsistent with the main object 
of the treatise to load it with the introduction of tiie 

Soints decided. We may add, that the section on the 
tatute of WUls appears to contain all that is now in- 
toresting of the Essay on the Statuto of Wills, which 
was published under the name of Mr. H. Sugden. But 
these materials form but a small proportion of the elabo- 
rate work before us, which, ¥ath the exception of a 
reprint of the Trustee Act, 1850, consbte entirely of 
commentary. The commentaiy on the Statute of Li- 
mitations (3 & 4 Will. 4, d 27) occupies 158 pages. 

We never could understand the doubt exprened by 
the Court of Common Pleas, in Jantes v. Salter, (8 Bing. 
N. C. 844), as to the effect of the 8rd section of that 
act, and we are glad to observe that it is not sanctioned 
by Sir Edward, who pithily disposes of the doubt by 
ODserving that the devisee of a particular estete, or a 
rent newly limited b v the will of the owner of the fee> 
** may fairly be considered to claim ' the estate or in- 
' terest of a deceased person who continued in poesessioa 
Mn respect of the same estete or interest until hia 



60 



THE JURIST. 



* death ;' for the estate or interest wliich he does claim 
< is part of and derived out of that estate or interest ; 

* thev are not distinct subjects, but the same subject 
^ difi^rently modified, and they fall clearly within the 

* intention of the act." ( P. 24). 

In Owen y. De Beauwir (16 M. & W. 167) the Court 
acted upon the literal construction of the provision 
with respect to rent-charges, that, for the purpose of 
computing the period of limitation, the right to recover 
the rent shall be deemed to have first accrued at the 
last time when the rent was received, and not at the 
time when, after the last payment, it first fell into arrear. 
The effect of this construction would be, as the Court 
admitted, in many cases, to neutralise the provision in 
the 16th section, for the disability of the partv entitled 
at the time when the right first accrued— -for he would, 
in fact, have no right to distrain or bring an action until 
the rent fell into arrear. On this Sir Edward Sugden 
has the following suggestion: — 
*^ In tlie course of the argument in the Exchequer, 
Aldenon, B., observed, that if they took the literal 
and plain construction of sect. 2, they should escape 
from the difficulties in which sect. 3 would i)lunge 
the case, with reference to the savings for disabilities. 
It is much to be regretted that this view was not 
adopted. In favour of the clear intention, this con- 
struction seems to have been open to the Court. If a 
case within the 2nd section should not fall within the 
drd, then clearly the 16tli section would operate only 
from the time at which the right to make an entry 
or distress, or bring an action, first accrued. The 
words do not seem to be too powerful to be struggled 
•with where the case b withm both the 2nd and drd 
sections. In such cases the drd section prescribes the 
period when the right shall be deemed to have first 
accrued, in order to fix the time when the twenty 
years* bar shall commence ; and that would still ope- 
rate in the given case, although tlie 16th section 
should receive a limited construction. Now, the 2nd 
section forbids any person to prosecute his right but 
within twenty years after the time at which the right 
to enter, distrain, or sue shall have first accrued. 
Leaving, therefore, the drd section to provide in cer- 
tain, but not in all, cases where the twenty years shall 
begin to run, we may pass on to the 10th section, 
which enacts, that if, at the time at which the right 
of any person to make an entry, &c. ' shall have first 
acoruea as aforesaid,' such person shall be under any 
of the disabilities enumerated, he may, notwithstand- 
ing the twenty years shall have expired, prosecute his 
right within ten years after he shall have ceased to be 
under a disability, &c. Now here the time spoken 
of is not with reference to the time allowed, but with 
reference to the Incapacity of the person entitled at 
the time at which his right to make an entry or 
distress, or to sue, first accrued as aforesaid. Why 
should not this refer, as it was no doubt intended to 
do, to what it expresses — ^the time when his right to 
enter, &c. fii-st accrued— or, in other words, to the 
2nd section, instead of to a period when he had no 
such right, which is arbitrarily appointed by the 2nd 
section for a distinct object ? Omittiug altoj^ether the 
drd section, the construction would admit ot no doubt. 
Leaving to that section its manifest object to operate 
upon, still the construction would not be open to any 
aerious difficulty." (P. 74). 
In treating of the Prescription Act, we observe that 
Sir Edward Sugden cites with approbation the decision 
in HarUdge v. Warwick^ (d Exch. 552), that under 
that act the existence of a light for twenty years does 
not confer a right as against the owner of the adjacent 
tenement, if that tenement has been during the period 
in the occupation of the owner of the light. The drd 
section of the act (2 & d Will. 4, c. 71 ) enacts, that 
where the access and use of light to any building *' shall 
4 



have been aetuaUy enjoyed therewith for the fall pe- 
riod of twenty years, without interruption, the right 
thereto shall be deemed absolute and indefeasible, unless 
it shall appear that the same was enjoyed bvsome consent 
or agreement expressly made or given far that pttrpwe^ ig 
deed or writing. In Harbidge v. Ivarwick the owner 
of the house in which the light was had occupied the 
adjacent garden of the defendant during the period on 
which he founded his claim, as a yearly tenant; and 
that unity of possession was held to have prevented 
the operation of the statute. Parke, B., said that the 
enactment only referred to cases where the access of 
light had been enjoyed in the character of an eoitmrntf 
and without interruption — that is, where the adjoining 
owner had power to interrupt. The forms of pleadug 
in the 5tli section, which render an allegation of enjoy- 
ment, as of rights during the period named in the act, 
in all cases where formerly it would have been neces- 
sary to allege the right to have existed from time 
immemorial, were also relied on by the Court, as 
shewing that an enjoyment during unity of possession 
could not have been intended ; but the same Court had 
already intimated that some cases, (as where a mht 
in gross is claimed), which could not be brought withm 
the form given in the section, might yet be within the 
act. ( IVelcome v. Upton, 5 M. & W. 404; 6 M. & W. 
642). But it is obvious that the forms given in the fith 
section are only to be taken as permissive, and appU- 
cable to cases where a difficulty or doubt would other- 
wise exist as to the mode of pleading. No such diffi- 
culty or doubt could exist as to the form of pleading, 
in the case of a right claimed under );he drd section. 
The decfsion seems to us to deserve 'i^eci^n^deration. 
The language of the drd section is pointedly contrasted 
with that of the clauses relating to other rights, and 
appears to warrant the inference, that in every case 
where a light has actually existed for the space of 
twenty years, though not in the character of an ease- 
ment, tlie owner of the light shall have a right 
to its continuance, unless its enjoyment has been ex- 
pressly regulated by some written agreement. The 
words are, '* where the access and use of light shall hare 
been actually enjoyed :" the words in the other sections, 
** by some person claiming right thereto," are omitted, 
no doubt intentionally; and effect cannot be given to 
the judgment of tlie Court of Exchequer without re- 
storing them ; for the effect of that judgment is to place 
claims to lights, after twenty years' enjoyment, on ex- 
actly the same footing as claims to other easements 
after forty years* enjoyment, except in the cases spe- 
cially provided for by the 6th section. In the case 
actually before the Court the unity of possession was 
under a yearly tenancy, so that the party interested m 
preventing the growth of the right had full power 
and opportunity to do so. 

In treating of the Attendant Terms Act, Sir Edward 
Sugden states, and expresses his dissent from, the deci- 
sion of the Court of Queen's Bench in J>oe d. C%v. 
Jones, (IdJur. 8d4). 

At p. d08 it is said that the Wills Act (7 WiU. 4 & 1 
Vict. c. 26) '*does not affect the will of an alien; snch 
a will would not become operative by his subseqnent 
naturalisation;" and Fish y.JTlein (2 Mer. 4dl) and 
Fourdrin v. Gowdey f d My. & K, dSd) ars cited. 
Now, Fourdrin ▼. Chwaey is inconsistent with Fish r. 
Kletn, and both cases related to a conveyance inter 
vivos. But where the alien has made a will which is 
governed by the late act, and then his title to lands 
previously purchased is confirmed, it seems clear that 
nis will may operate on those lands just as much as it 
would operate upon them if, not being an alien, he had 
purchased them after the date of his will. Indeed, we 
doubt whether, under the old law of wills, a devise hj 
an alien, followed by a retrospective grant of denisation 
and naturalisation, would not have Men operative. 



THE JURIST. 



61 



A eonsderable space is devoted to an examination of 
the decisions on the enactment reqniring a will to be 
agned at the foot or end thereof. *' Upon this simple 
' pioviston great numbers of wills have been held void 

* upon technicalities, which it is difficult to support 

* according to the plain meaning of the words. In 

* order to prevent a fraudulent addition to any will, a 

* mle has been adopted which has destroyed numerous 
' wills open to no suspicion; and unless thelaw is altered, 
*' that rule will continue to render inoperative nume- 
' rona wills in times to come. I do not believe that the 
' decisions to which I refer have acted upon any but 
'genuine testamentary dispositions; they have not 

* atrock at one fraudulent will, nor is the rule upon 

* which they proceed likely ever to do so. It would 

* seem to be clear that the words 'foot or end* are not 
^ synonymous, though difiPerent opinions on this point 
' liave been held even by the same judges.'' (P. 811). 

We have not space to extract or comment upon tne 
dJHCiiiwion of the very difficult question as to the effect 
of a will devising a leasehold estate, followed by the 

Jnrchase and conveyance of the reversion in fee, 
p. 354). 

We shall conclude with a few remarks upon the 
leoent discreditable attacks on Sir Edward Sugden in 
the Law Review, which require notice rather for the 
pnrpoae of arousing the sleeping vigilance of the editors 
of that usually inoffensive publication, thui for the 
defence of the learned author. After Mr. Dart had 
accomplished his feat of mounting himself on Sir 
Edward Sugden's shoulders, he was loudly applauded, 
and the instrument of his elevation as unsparingly 
abused, in the Law Review ; and at the same t]me--§ir 
JBdwafdiSogdoi having naturalljr announced his inten- 
tioo, if his treatise must be abridged, to abridge it for 
himself, according to his own judgment— the reviewer, 
who on this occasion felt himself to be not only critical 
but prophetical, foretold that the experiment would 
fail ; and when Sir Edward Sugden's ^ Concise View" 
appeared, the complete fulfilment of the prediction was 
duly announced. But this was not enough, and the 
recent appearance of Sir Edward Sugden°s pamphlet 
on Registration was used as an excuse for inserting 
in a periodical more accessible than appropriate, the 
^ Glfliie,*' not a refutation of the learned autnor's argu- 
ments agunst a general registry, but further abuse of 
hia work on Vendors and rurchaaers — the sun which 
exiingnishes Mr. Dart's moon, ^ at once its lustre and 
its shade." 

The two articles in the Law Review and the late 
article in the Globe, depreciating Sir Edward Sugden's 
work on Vendors and r urchasera^ are manifestly from 
the same hand. It would be difficult to conjecture who 
IS the writer : it cannot be any one who has benefited 
hv Sir Edward's labours, for it is only a footpad who 
thinks his job not perfect until he has personally mal- 
treated the man wnose property he has appropriated. 
However, no criticism was ever more ignorant or more 
unjnat, and, apparently, its sole object was to check the 
sale of the work in question. The Profession will know 
how to appreciate an assertion that the work on Vendors 
and Porcnasers is full of blunders, and will mislead 
porchasers, and that the Profession itself is ringing 
with the blunders of the work. No law book is per- 
ftet; bet everv man in practice knows how Sir Edward 
Sogden's work is relied upon by the Bench and the 
Bar, and by ffenenil practitioners, and how much it is 
made a text-book for students. The Concise View, 
agunat which the reviewer's spleen is directed, con- 
tuna some 3700 cases ; and it is manifest that none 
haa ever been inserted in that list without pre- 
Tions examination. Perhaps no other law book con- 
tains 80 much matter, really the writer's own, in so 
anall a compass; and few treatises have had so exten- 
aive a circulation aa the Vendors and Puichasexs. The 



Concise View is a condensation of the eleventh edition 
of the laiger and original work, and it is an hurmonioiu 
whole ; every part of it is on the same scale, and the 
reader would naturally suppose that it was an entirely 
new composition, if he could bring himself to think 
that such a mass of learning was ever brought together 
at once by a man's own laoour. It has cost the most 
learned and industrious real property lawyer of tiie age 
the labour of nearly half a century to produce the 
Concise View in its present shape ; and this is the work 
which Mr. Dart's injudicious friend (if the dishonest 
critiques in question can be traced to so respectable a 
source as friendship^ would persuade us can be super- 
seded by a work evidently founded upon it, and got np 
in commercial rivalry. 

The more compact work of Sir Edward Sugden is, 
in truth, not merely a condensation of the deventh 
edition, but in that shape it is a new edition of it, 
for considerably more than 500 cases are added to 
the Concise View; although for full discussions of 
many important points, the results of which only 
are stated in the Uoncise View, recourse must still be 
had to the eleventh edition. In preparing the Con- 
cise View, upon which manifestly no labour has been 
spared, the author has had this advantage, that he 
could adopt his own well-considered propositions, and 
was not compelled by the law of copyrignt to disguise 
them at the risk of error*. 

The substance of the criticism is as petty as its motive* 
It consists, for the most part, of complaints that, not- 
withstanding the 3700 cases which tne Concise View 
does comprise, some few trifling or unimportant cases 
are omitted. It is said that in treating on specific per- 
formance a case before Wigram, V. U., Lb not cited ; 
but the case is quoted in its proper place, and evidenUy 
was not cited in the place pointed out because it was 
not required there. The reviewer complains that the 
repealed bankruptcy acts are quoted as existing autho- 
rities. What is the fact? In p. 121 a section of 
6 Geo. 4 alone is referred to, and it is still the law, for 
it was repeated in the late act, which act is accurately 
stated in p. 576. 

We will now draw attention to a great abuse of 
criticism. The reviewer says, *Uhat in p. 426 we find 
U intimated that a deed Is invalid if impressed with 
stamps appropriated to a difierent instrument, or not 
corresponaing with the consideration stated on the 
hce of the instrument. We need scarcely say." the 
reviewer adds, " that the want of a stamp, or tne in- 
sufficiency of its amount, in no way afiects the vaUdi^ 
of a deed, but merely renders it inadmissible in 
evidence until the proper stamp is affixed.*' This is 
really too bad. Sir Edward, in pi. 5, p. 426, simply, 
but accurately, states, in the very words of ^ act of 
Parliament^ that although the stamps used are of an 
improper denomination, yet in the cases mentioned the 
deed will be vaUd; and this the reviewer finds to be 
an intimation that a deed is invalid in the given cases. 
The law as to the operation of an unstamped deed la 
stated with perfect accuracy in the very page referred 
to by the reviewer, and in p. 424. 

The reviewer proceeds to say. '^ We find, < when in- 
terest is recovered at law, it is always at the rate of 5/. 
per cent.' The reference is, * See now 3 & 4 Will. 4, 
c. 28.' The act leaves the rate to the Jury, but fixes, 
as a maximum, the current rate. The words 'see 
now' seem to intimate that the author's attention 
was, in fiwt, drawn to the alteration produced by the 



* Mr. Dart is compeUed to fill the margin of his book with 
inoeisant references to Sugden ; but he allowi himself to send 
it forth with a preface, in which he bespeaks the gratitude of 
the Profession for the sapplying of an urgent want, and 
takes care not to hint an acuiowledgment of bis obUfations to 
the ndne which he has M unscmpiilonsly worked. 



C2 



THE JURIST. 



flUtote ; bat jret, either from carelesaneasy or from An 
innpeimhle preelection for obaolete ntker than ex- 
kting law, the origiiwl statement in the text remains 
unaltered." Now this alleged fault is in p. 602, bnt a 
' leader of the review wouhi scarcely expect to find in 
pp. 499, 500y of the wcvk, an aeenrate statement of the 
statute and of its operation* In p. 602 the ori^;inal 
text seems to haye been left undisturbed, hut wUh a 
r^^mee to the statute^ manifestly because the passage 
stated the law correctly as it stood before, and still does 
stand, independently of the statute, for there are many 
eases which would not fiiU within the act. The text 
requires no alteration. 

The reyiewer finds fault with the statement as to the 
law of puffins, for he saya, *^ Although the case of 
Thtnmett y. Staines is referred to in the work, the 
reader would scarcely suppose from the text that in this, 
the last reported case upon the subject, the barons of 
the Exchequer laid down the cantrofy doctrine in the 
droadest terms.'* Now, Sir Edward says, that ^ aUhough 
ffreat authorities have differed upon the subject^** [and he 
refers to all the cases m two classes], '^yet the better 
opinion appears to be, that a bidder may be privately 
appointed, in order to prevent the estate being sold at 
an undervalue. Clearly," he adds, ^* the same rule ought 
to be adopted at law and in equity.** This surely can- 
not be found feult with, unless condensation is to be 
avoided. The fact of a difference of opinion between 
great authorities, to whom reference is made, is stated, 
and then an opinion is expressed that law and equity 
should adopt the same rule. In I'hamett v. JEtaines 
two barons went out of their way, not to deny the 
rule in equity, wluch they both admitted, but to state 
that, at law, it is fraud to employ one person to bid to 
protect the property at an undervalue. The text in 
the work before us states the better opinion to be the 
other way, and gives the author*s opinion that that 
which is not fraud at an action ts tyuitv, cannot be 
deemed fraud at law. Any one who has read the 
decisions and dicta in the Exchequer during the last 
ten yean, by the light either of principle or of the 
court of error, will be able to judge whether Sir 
Edward Sugden must necessarily be wrong when he 
dissents from a dictum of one or two barons of that 
court. 

One thin^ more, and we have done. The review says 
that there is the old, cumbrous and inaccurate state- 
ment of Ooodaa V. Pidsford^ (6 Sim. 379). What does 
this mean 1 The report in Simons is itself in nine lines, 
and the point is accurately stated in pp. 69, 70, of the 
work in less than four lines, and so it was in the 
eleventh edition. It would be a waste of time to ex- 
amine any more of tliis reviewer's objections. Not- 
withstanaing his bold assertions, not a single blunder 
has he been able to point out in the Concise View, 
although in attempting to do so he Jias himself fallen 
into many blundeis. The only ioaociuacy which he 
has pointed out is in a portion of the statement^ in 
p. 525, of the Vice-Chancellor's opinion in Bragier v. 
audsony (9 Sim. 1), and even that does not afiect the 
point decided ; but this, of course, should be corrected. 



Masvkbs in Chancbrt.— The Lord Chancellor has 
appointed the following gentlemen to be Masters Ex- 
traordinary in the High Court of Chancery :— Robert 
Henry Speed, of Nottingham ; Joseph Stone, of Wirks- 
worth and Cromford, Derbyshire. 

Mbmbbh BXTUBNiBD TO SKRVB IN Pabxjaiibnt. — Sir 
Brook William Bridg^es, Bart., for the county of Kent, 

i Eastern Division), in the room of John Femberton 
*lnmptre, Esq., who has accepted the office of Steward 
of her Majesty^s Chiltem Hundreds. 



LIST OF SHEBIFFS AND UNDER-SHERIFFS, 
WITH THEIR DEPUTIES AND AGENTS, 
FOR 1852. 

[Wamnts are not granted in Town for those places marked (*}• 
The term of office of the Sher^, &c. for Cities and Tonus 
expires on the 9th November. Office hoars, in Term, firom 
11 tiU 4 ; and in Vacation, from 11 tiU 3.] 



Be ^ rds Mre— Bvt John Montague Burgojne* Bart., I 

CMffsA., Theed Wm. Pearae, Eaq., (of the iim of 

Peane & Son), Bedford. 
Depe^ Maples, Maplea, & Pearse, Frederick's-plsoe, 
Old Jewry. 
BeribAtrt^-John Samuel Bowles, Esq., Milton-hiU. 
Vnderehs.^ Curtis & Cooke, Abingdon. 
Deps*, Taylor & CoUiiaon, 28, Great James-stieetr 
Bedford-row. 
Bcnp<cl:-tgw»-3lNe<l— J. Pratt, Esq., Berwick-npon-Tweed. 
pL Douglas, Esq., (of the firm of Pritt 
rr..^^.z. J * Donglaa), Berwick-upon-Tweed. 
UnaersMs., < ^ ^^^^^ g^^ 3 xin^s-rd., Bed. 

I ford-row. A. U. 

Deps.t Pringle, Stevenson, & Shum, 3, King's-roadt 
Bedibrd-row. 
*BW«/o/— J. B. Harford, Esq., Stoke House, near BristeL 

Umdertk.t W. O. Hare, Esq., 3, Smallest., BristoL 

JlqM.y Bridges, Mason, & Bridges, 23, Red lion^aq. 
AicAtsf^koMSilsre— Charles Robt. Scott Mnrray, Esq., Deneb- 
fidd, near Great Marlow. 

rz.j^^%m J Acton Tindal, Esq., Aylesbury. 

^^^^^^^'f t E- R- Baynes, Esq., Aylesbury. A. U. 

Dtp^ Chnles Cooke, 7, lincohi's-inn-fields. 
Comb, tf Amis— Wm. P. Hamond, Esq., Pampisford HalL 

Umierih.9 John Lawrence, Esq., St. Ive's. 

Dep^f Harry Haaslip Lawrence, 6, Gray's-imusq. 
<*C!b»lertoy— Robert Walker, Esq., Canterbury. 

Underek.^ Robert Walker, Esq., St. Danstaa's» 



Deps^f George & Compton Smith, 5, Sontbsmptaii- 
bnildings, Chancery-lane. 
CAsfiUrt— Geoige Holhnd Adcers, Esq., Moreton. 

^ , . r George Reid, Esq., Congleton. 

*^***'^'» IJohn Hostage. Esq.. Chester. A.U. 

J>n,, George Frederick Hudson, 23, Buckleralmrj. 
^Chester^ft^ Eaton, Esq., Chester. 

Vnderek,, Edward Cunnagh, Esq., Chester. 

Depe., NidioUs ft Doyle, 2, Verulnm.buiUiBgs» 
Gray's-nm. 
«0ki9M Perii— His Grace the Duke of WeUington. 

OfufarsA., Thomas Pain, Esq., Dover. 

Dep$„ Wright ft Kingsford, 23, Essex-st, Sinnd. 
Cvnneoll— Sir Colman Rashleigh, Prideaax. 

Vuderek., William Shilson, Esq., St. AnstelL 

JDeps^ Coode, Brown, Kingdon, & Cotton^ 10, 
Khig's Arms-yard, City. 
CovcfUfy— Abolished by the 5 ft 6 ITict c. 110, s. 10. War- 
rants are granted by the SberiiT of War* 
wickshire. 
Cmmherlmtd George H. Oliphant, Esq., Broadfield House. 

Underek., SSlas Saul, Esq., Cariisle. 

Depe.9 Capes ft Stewart, Field-court, Gray's-iuu 
Z>ffr5ysMrt— Sir Henry S. Wilmot, Bart, Chaddesden HaO. 

Umderek.9 John James Simpson, Esq., Derby. 

Depe., Taykir ft CoUisson, 28, Great JasMS-iitraefe, 
Bedford-row. 
DteonsAtre—Jsaies Cornish, Esq., Black HaU. 

Undersh; Thomas Edward Drake, Esq., Exeter. 

Dqm., Buckley & Philbrick, 2, Gray's-inn-sqaazn. 
Dortelf Atre— Augustus Foster, Esq., Warm well House. 

Undersh., T. Coombs, jun., South-st., Dorchester. 

Dtps,, Rickards ft Walker, 29, Lincoln's-mn-fidds. 
^Durh am J ohn Bowes, Esq., Streatham Castle. 

Undersh., William Emerson Wooler, Esq., Durham. 

Depe.t Pollard & Hollings, Carlton Chambers, 12, 
Begent-street. .. 
Effcr— 43ir Charles Cunliff Smith, Bart., Sutton. 

Undereh., Thomas Moigan G^p., Esq., Chelmsford- 

Dep§., Hawkins, Btozam, Stocker, ft Bloxam, New 
Boswell-oourt. 



THE JUEIST. 



•8 



^M m t ttr JiAn 'Bfomj Numuui, Eaq., St. Thomas tlw ApcMtto. 
eary Wilofieks H<M ~ -^ ~ - 



▼omy 
u, He 



UmUnk,^ Henry Wflcoeks Hooper, Efq.» 12, Bed- 



Htpt., John Elliott Fox ft Son, 40, Finslrary-eireoi. 
GfeKMffcriAtre— Wincboomb Heuy Howwd Hartley, Eaq., 
Lygrove Hooae, Old Sodbery. 

Umdtnk., J. Bwrap, Eaq., Berkeby-at., Gkmoeafeer. 

DqM., Wbila & Sou, 11, Bedford-row. 
*Gid«eeffcr— C. F. Innell, Eaq., St. Mary'a-aq., GUmoealer. 

{Waiia m Brad ley G eotge, Ba<i., 1, Col> 
We-atreet, Gloocaaler. 
Geofse P. WUkea, Eaq., BladcfriarB, 
Gloneaater. A. U. 
Dep.f noaaaa Henry Strangwaya, 11, K!ngVvoad» 
BedMMvl»roir» 
P. J. £. Jarroia, Esq., Heriard Hooae, Alton. 
Undmrtk., John Markham Carter, Eaq., Alrasford. 
Dep,^ Waa. Braikenridge, Bartlett'a-bdga, Holbom. 
^Mu^fhrdMkir9 William Trafettyan Keville DnTtae, Eaq., 
Croft Caatle, Wlganore. 
«*>^^ r iBttarell C. Lndkiw, Eaq., Hereford. 
*'*'^*"^' 1 J. Jay, Eaq., Bye-at, Heraford. A. U. 
Jkft^ Abbott, Jenkina, ft Abbott, 8, New4D]], 
Strand. 
ITarl^brd^Atre— WynnEllia, Eaq., FOnabome Park, Hertford. 
Dndenkt,, Longmore ft Sworder, Hertford. 
J>9a., Hawkina, Blozam, Stoeker, ft Blozam, 2, New 
Boawell-eonrt. 
BmsU ^ Ona.— WiUiaa Wrker Hamond, Eao., PlUttpMbrd. 
Wi rf t ra* ., John Lawranee, Eaq., St. Ive'a. 
l^p., Harry Hanalip Lawienoe, 6, Gray 'a-im-aqiMre. 
XmI— Sr John WiUiam Lnbhoek, Bart., High Ebnadown. 
UmUrtk., William H. Palmer, Eaq., Bedford-row. 
D^., Palmer, France, ft PakBer, 24, Bedford-row. 
♦I H if ai an ipe n JgwII-JohnCrowtberMetcalf HMiiaon, Eaq., 
Kingston-npon-HnU. 
UmUnk,, CbarieaFh»t,Eaa., Kingaton-vpen-HnlL 
J>qM., Capea ft Stuart, FieldUeovrt, Gray^a-fam. 
»Xmwt*trt Thomaa W. Blnndell, Eaq., Inee Blnndell HalL 
P^-^. r Allan Kay, Eaq., LHevpooL 
^'■•*'^-» \Pilkiiigton ft Walker, Ptealon. A. U. 
Dkqw., Cheater, Toolmin, ft Chester, Staple-fam. 
Lmemierm k k t S ir George H. Beanaaont, Bart., Coborton. 
Vndtnk., Samuel Berridge, Eaq., Leiceater. 
J}tp., George J. Bobinaon, S5, Iincoln'a«imi-iMda. 
*IMiif9i4 lohn Samuel Brown, Eaq., lidifield. 

CMbvA., John Philip Dyott, Eaq., (of the ten ef 

Dyott&Son), UchMd. 
i>^., Bezter, SoBMnrille, ft Co., 48, lineotn's-iHi. 
Ilelda. 
Ja'noJMh'ra fieorge Tbmline, Eaq., Riby Grove. 

ru^^^^ S ^* H. Daubney, Eaq., Great Grfanaby. 
*'■■***'•• 1 Henry WiUiama, Eaq., Lincoln. A.U. 
Asp., J. Flnker, 10, Symond'a-hm, Chaneery.lane. 
—John Bfiddleton, Eaq., T.Wtimi» 
I^MifraA., Richard MaaOD, Eaq., lineohi. 
Dkqpa., Taykr ft CoUiaaon, 28, Gfoat Jamm-atnet, 
Bedfofd^row. 
I Cotterell, Eaq., 50, Eaton-aqoaie. 
Vnitnk., Jamea Joabk Millard, Eaq., Cordwitear'a 

HaU, Graat DiataClano. 
H^a., Jamea ft PMter, Secondariea' Oillee, 5, Ba- 
ainghaU-atreet, City. 
, Swift, Esq., Haaofer-temoe, Regent'a-park. 
VndmrMk., J. S. S. Hopwood,Eaq., 47,Chaneery.laBe. 
Dqpt., Bnrchella ft Hall, 24, Red lion-aqnare. 
^ M mm u u i kt kn i WUliam H. Little, Eaq., Ltanvaie Grange. 
Vmdtnk., Baker Gabb, Eaq., Abergavenny. 
D^e:, Gregory ft Sona, 12, CkaMntVinn. ' 
iVtoewtfr-^pow-TViit— Isaac Lowthian Bell, Eaq., Naircaatla- 
npon-Tfne. / 

C^MifTtA., W. Chafer, Eaq., Neweeatla.up0f4.TVBa. 
Depf., Bell, Bradrick, ft Bell, Bow-churehya i*d, Citr. 
jnpq^btt^I^wdeiick William Irby, Eaq., Boyland Had. 

Tt^^^^ I Clement W. Unthank, Eaq., Norwich. 
*'*^*'^^-' t Adam T^yk>rft Sona, Norwich. A.U. 
Dqpt., Shary, Field, Jaokaon, ft Newboid, 41, Bed- 

*K9rtMamptom§kkt^h. Christie, Eaq., Breston Deansvy. 

Vndenk., Henry P. Markham, Enq., Nortiwmpton. 
Dtp,, Fkedflriak Ovvry, 13, TokeBhouse-ynrd, City. 



iVbrMwRAarlaiMl— Thomaa W. Cnalar, Eaq., Craater Tower. 

{Henry WiUiam Fanwick, Eaq., Nev» 
oaatle-upon-T^ne. 
WiUiam Pringie, Esq., 3, King's-road, 
Bedford-iow. A.U. 
Di^., Pringie, Stevenson, ft Sham, 3, King's-ro^ 
BedfiMrd*row. 
*iVbrwieA— Robert Wiiin Blake, Esq., Norwich. 

Undtr9k.^ Arthur Dalrymple, Esq., Norwidi. 
Dqpt., Biieham, Dalrymple, ft BliOEe, 46, Parlia- 
ment« ati e e l . 
AMia y * — i rf i rt Bmxj Vnd. Walker, Eiq., Blytk HdL 

I J • tuewster, Esq., rtotttognam. A. U . 

Dqpt., J. £. Roe, Carlton Chambers, 4, Regent-st. 
iVbfltNpJkmn— Thomas Ball, Eaq., Nottingham. 

Umier9k.t Chriatopher Swann, Eaq., Nottingham. 

Dep9.f Home, Loftna, ft Young, 10, New-inn. 
G^^brda fcr e J ohn Henry Aahurat, Eaq., Wateatock. 

Un4tnk§,f S. ft J. Cooper, HeD]ey«oa*Xhames. 

Jkp.f Charles Berkeley, 52, Lincoln's-inn.fields. 
Pool^— lUchard Cull Hopkina, Eaq., Poole. 

Under§k.f Henry Mooring Aldridge, Eaq., Poole. 

Depi., SkUbeck ft Hall, 19, Southampton-buildings, 
Chancery-lane. 
RuHtmitkirw WiUiam De C^peU Brooke, Eaq., Market Har- 
borough, Leieeaterdiire. 

Undtnk., WUUam Shield, Esq., Upphigham. 

Dipt., Bridgea, Maaon, ft Bridges, 23, Red Lion-sq. 
SArqMMrf— Robert Burton, Eso., Longner Hall. 

TT^A^^hm J G«orge M. Salt, Eaq., Shrewabury. 

C/MMTTM., -^ j^j^^^ j^^ p^j^ Shrewsbury. A. U. 

Hqr., Harpey Bowen Jonca, 22, Austin-friara, City 
SMnaraeMIre— Montague Gore, Eaq., Barrow Court. 

Vkitr$k., John Nicholetta, Eaq., South Petherton. 

Dep§., W. ft E. Dyne, 61, Lmcoln's-inn-fielda. 
Somtkampiem—J. Blateh, Eaq., Cranbury-pl., Southampton. 

Vndtnk*, Edward Harriaon, Eaq., 71, F^rendi-street, 
Southampton. 

Dep9.t Trinder ft Byre, 1, Jehn-st., Bedford-row. 
fiVq^brdWUre-John Ayshford Wise, Esq., Clayton HalL 

Pk rff rsJt., Robert l^HUiam Hand, Eaq., Staflbrd. 

Dip*., White ft Sona,' 11, Bedford-row. 
*A|^bli— Jamea H. L. Anatruther, Eaq., Hintleaham HaU. 
r George Joaaelyn, Eaq., Ipawieh. 

Ufuhni^; < Jackaott, Sparke, ft Holmea, Bury St. 
I EdmundNk A.U. 

Dqpt., Sharpe, Field, Jackaon, ft Newbcdd, 41, Bed- 
ford-row. 
StU't'tjf '" George Robert Smith, Eaq., Seladen, Croydon. 

r ChariM J. Abbott, Eaq., 8, New-inn. 

UndenkM., i William Haydon SmaUpleee, Em., 
[ OnUdfofd. A.U. 

DMt. , Abbott, Jenkina, ft Abbott, 8, New-inn, Strand. 
Bmnm VbS&p SakHnona, Eaq., Brighton. 

CTndsrtil., William Kennett, Eaq., Brighton. 

Mhp$,f PaJaaer, France, ft Palmer, 24, Bedford-row. 
FFensteitAtW— Sir J. N. L. Chetwode, Bart., Ansley HaU. 

Undenh.t Henry Dewea, Esq., Nuneaton. 

Dep.f J. Fluker, 10, Symond s«inn, Chanoery-lane. 
FFetlmorelanil— Richard Bum, Esq., Orton HaU. 

Undenk., Roger Moeer, Esq., Kendal. 

Depf., Hnmphrya ft Marshall, 12, Gray's-inn-sq. 
WU iM rt J ohn Bird FuUer, Eaq., Neston Park. 

Umd9r$h., West Awdry, Esq., Chippenham. 

Hqr., W. Lewia, 6, Raymond-bdga., Gray'a-inn. 
IForeerlfnMrs— Sir Edmund H. Ladimare, Bart., The Rhyd. 

> T-j X- / J. Brooke Hyde, Esq., Woreertar. 

C/flMrtM., ^ jjy^ ^ IVmba, Woreeatar. A. U. 

JDgw., HaU & Hunt, 11, New BoaweU-oourt 
TFor c eslir— Jsmes Chamberlain, Eaq., Woraaatar. 

UnOm^., W. S. Price Hugfaea, Eaq., Worsaafeer. 

Jkp.^ George Beeke, 44, Bedford-row. 
ForAtAfre— 8b J. H. Lowther, Bart., SwiUington, Wakeield. 

CTsdbrs*., linUiam Gray, Eaq., York. 

2>qis., Hawkins, Bloiam, Stoeker, ft Bkoam, New 
BoeweU- court* 
♦Fer i - G eo r g e Wllaon, Eaq., Newington Place, York. 

IMsrsAt., W. Fox Clark, &q., l^amer-row, York. 

Btp9., Johnaon, Son, ft WeatharaU, 7, KkHP's 
Beneh-walk, Ttaspie. 



64 



THE JURIST. 



NORTH WALES, 
^ilii^fofiy— Etui Lloyd, Esq., Maei-j-porth. 
Undenh,, Thomas Owen, Lbngefni. 
Dqu.f Abbott, Jenkins, & Abbott, 8, New-inn, 
Strand. 
CSBmoreoiwAtrtf— Martin Williams, Esq., Penamser. 

pDayid Williams, Esq., Bron-Erjri, 
Ukdenhi., < near Portmadoc. 

I.D. E. Jones, Esq., Portmadoc. A. U. 
JkpM,, Williams, M*Leod, & Cann, 3, Paper- 
buildings, Temple. 
DmMghMkire—'V. J. Hnghes, Esq., Acton House, Wrexham. 
Underth,, John Jerris, Esq., Wrexham. 
Degu,, Edwards & Peake, 11, New Palace-yard, 
Westminster. 
*^iii/«Aire— Henry Potts, Esq., 61an-r-afon. 

UtulirMk., ArthnrTronghton Roberts, Esq., Mold. 
J>ep., N. C. Milne, 2, Harconrt-bnildingB, Temple. 
*Jf<prJoii«/A«Atr«— John Casson, Esq., Blaen-y-ddol Festiniog. 
Und€nh,i John Lloyd, Maentwrog Tan-y-bwlch. 
Dept,, Sweeting & Byrne, 22, Sonthampton^boild- 
ings, Chanoery.lane. 
*ifOfi/^om«ry«Atr»— Edward S. Rose Tre?or,Esq., Trowicoed, 
near Welchpool. 
Under9h., Robert D. Harrison, Esq., Welchpool. 
Dipt,, Gregory, Faulkner, Grq^ory, & Skirrow, 1, 
Bedford-row. 

SOUTH WALES. 
JBreconthire — Pfenl M. Pell, Esq., Tymawr, near Brecon. 

Undertk,, David Thomas, Esq., (of the firm of Tho- 
mas ft Banks), Brecon. 

Dep,, Henry Hammond, 16, Fnmival's-inn. 
CardtganMAire-^ioha Inglis Jones, Esq., Derry Ormond. 

Underth,, E. R. RoberU, Esq., Aberyatwith. 

Dipt., Hawkins, Bloxam, Stocker, & Bloxam, 2, 
New Boswell-oonrt. 
*CarMar/JI«ii— John Woods, Esq., John-street, Carmarthen. 

Underth., William Thomas Thomas, Esq., Qoay- 
street, Carmarthen. 

Dept,t Chilton, Barton, ft Johnson, 7, Chancery-lane. 
CarmartAeiuhire'-ChaTlBB H. Williams, Esq., Derlly's Court. 

Underth,, George Prytherch Price, Esq., IJandilo. 

J}ep»,f Trinder ft Eyre, 1, John-st., Bedford-row. 
^Oiamorganthire-'G. Llewellyn, Esq., Baghin Hall, Neath. 

Underth,, David Randall, Esq., Neath. 

Depg.f Holme, Loftus, ft Young, New-inn, Strand. 
^ffavetfitrdwui-^W, Reei, Esq., Haverfordwest. 

Undenh,, William Reea, Esq., HaTcrfordwest. 

D^,, Hastings, Best, ft Smith, 3, Sonthampton-st., 
Bloomabury. 
*P9mhrok€ikir§ — Henry Leach, Esq., Corston. 

Undenh,, William Gibbon, Esq., Pembroke. 

Xle|M.,Cl]dltQn, Burton, ft Johnson, 7, Chanoery-lane. 
^Aubiorf Aire— Sir Harford J. J. Brydges, Esq., Booltibrooke. 

Undtnk,, B. Bodenham, Kinston, Herefordshire. 

Dept,t Meredith ft Reeve, 8, New-sq., Lincoln's-inn. 



loniion <5a>em8. 



FRIDAY, FEBRnABT20. 

BANKRUPTS. 

SIMON ABRAHAM KISCH, Bedford-street, Corent- 

garden, Middlesex, tailor and robe maker, March 2 and 30 

at 11, Court of Bankniptcy, London: Off. Ass. Graham; 

SoL Laurence, 12, Bread-street, City. — Petition filed 

Feb. 18. 
WILLIAM ELPHS HOLLAND, late of Godalming, Sar- 

rey, and now of Portland-place, St. Mark's-road, Kenning. 

ton, Surrey, brewor, dealer and chapman, March 3 and 

April 2 at 11, Court of Bankruptcy, London: Off. Aas. 

Groom ; Sols. Lawrence ft Co., 14, Old Jewry-diimbers, 

London. — Petition filed Feb. 17. 
JOB CLARK, New-road, Willenhall, Staffordshire, bolt 

manufscturer, deder uid chapman, March 2 and 24 at half« 

past 11, District Court of Bankruptcy, Birmingham ; Off. 

Ais.yalpy ; Sols. Brown, Biliton ; Hodgioni Buinliighain. 

—Petition dated Feb. 16. 



THOMAS MYRING, Walsall, Staffordshire, bridle cutter. 
dealer and chapman, March 1 at half-past 10, and Mircb27 
at 1, District Court of Bankruptcy, Birmingham: Off. 
Ass. Whitmore; Sols. Thomas, Walsall; Hodgson, Bir. 
mingham.— Petition dated Feb. 17. 

GEORGE 6REENST0CK, Bristol, miUiner, draper, lad 
haberdasher, March 9 and April 6 at 11, District Coort of 
Bankruptcy, Brutol : Off. Ass. Miller ; Sols. Comiih & 
ParaeU, Bristol.— Petition filed Feb. 9. 

WILLIAM SAVAGE, Bradford, Yorkshire, ^peuinf 
druggist, March 9 and 30 at 11, District Coort of Buk. 
ruptqr, Leeds: Off. Ass. Hope; Sols. Foster, Bradford; 
Porritt ft Swithinbank, Leeds.— Petition dated Feb. 17. 

FRANCIS INGHAM, Doncaster, Yorkshire, grocer, tet 
dealer, and tallow chandler, March 6 and April 17 at 10, 
District Court of Bankruptcy, Sheffield : Off. Asi. Free, 
man ; Sol. Smith, Doncaster.— Petition dated Feb. 10. 

CHRISTOPHER STEADMAN and CHARLES SID. 
DALL BAKEWBLL, Manchester, joiners and baildm, 
(carrying on business under the style or firm of Steadmtt 
ft Co.), March 5 and April 2 at 12, District Court of Bank- 
ruptcy, Manchester : Off. Ass. Mackenzie ; Sola. Eowky, 
Manchester ; W. ft H. P. Sharp, Verulam-buildings, Loo- 
don.^Petition filed Feb. 19. 

McVTINOt. 

Wm, Woodi and Samuei Tkonuu, Cheapside, LondoD, 
wholesale hardwaremen, March 5 at 1, Court of Bankmptej, 
London, pr. d.— /ohms Spalding^ C^bridge, ironmonger, 
March 5 at 11, Court of Bankruptcy, London, last ex. and 
and. aOd— Vein Ruitg, Gerrard-st., Soho, Middlesex, draper, 
March 2 at 1, Court of Bankruptcy, London, last ex.— ITii. 
Chadwiek, Mancheeter and SaUbrd, Lancashire, paper mma. 
fiMtnrer, March 1 at 12, District Court of Bankruptcy, Man- 
chester, last ex.— CA«rief Walker, Basinghall-st., Loadoo. 
and Leeds, Yorkshire, woollen doth manufacturer, March 12 
at 11, Court of Bankruotcy, London, and. ac. and diT.— J. 
Curtieif Blaokfriars-roaa, Surrey, cheesemonger, March 9 it 
12, Court of Bankruptcy, London, aud. ac—John Fidlir, 
Ely, Cambridgeshire, stonemason, March 3 at 12, Cooit of 
Bankruptcy, London, aud. ac. — Solomon Solomon, Strand, 
Middlesex, tailor, March 3 at half-past 12, Court of Bank- 
ruptey, London, and. ac. — Smith BuekHoU, Castle Cary, 
Somersetshire, draper, March 4, District Court of Bankruptcy. 
Bristol, aud. ac.— /. miliami, Bristol, tea dealer, March 19 
at 11, District Court of Bankruptcy, Briatol, aud. ac.-/oAs 
Bhodei, Cl^gg Hall, and Jamoi Xkodet, Rochdale, Lanes- 
shire, cotton spinners, March 4 at 12, District Court of Bank- 
ruptqr, Manchester, aud. ac.— JMtp. Leigh, Glosaop, Deriij- 
shu«, cotton manufacturer, March 3 at 12, District Cooit 
of Bankruptcy, Mandiester, aud. ac. ; March 15 at 12, dtr,— 
Johm Wood and Henrg Wood, Dearnley-mill, Hnddenfidd, 
Rochdale, Lancashire, woollen manufacturers, March 2 tt 12, 
District Court of Bankruptcy, Manchester, aud. ac.— itolcH 
Heardmam, Manchester, wine merchant, March 3 at 12, Dit* 
trict Court of BankmpU^, Mancheater, aud. ac— /oAii Se^ 
C3&rke, Charlea BuckUa, and Hodgmm Inehbold, Mandiester, 
and Swinton, Lancashire, contraetors and brickmakers, BCarch 
8 at 12, Diftriet Court of Bankruptcy, Manchester, aod. ac 
— JMer/ Seymour, Sunderland, Durham, linen and wooUo 
draper, March 12 at 11, District Court of Bankruptcy, Net- 
cutie-upon.Tjrnet «nd. ac.; March 17 at 11, dir.— /o^ 
Oreemihielde and Maithow Strang, Lirerpool, March 2 at U. 
Distriet Court of Bankruptcyi I^verpool, aud. oc—Georft 
Kyrke, Bryn Malley, Wrexham, Denbighshire, limebamer, 
March 2 at 11, District Court of Bankruptcy, LiTetpool, 
and. ac— /moc Wak^ld, lirerpool, tea dealer, March 2 it 
11, District Court of Bankruptcy, Liverpool, aud. •e.;' 
JoHph Uniworth, liTeipool, joiner, Blardi 2 at 11, District 
Court of Bankruptcy, LlTerpool, aud. ac. — Jamee Penmeky 
York, farrier, March 4 at 11, District Court of BankraptcT. 
Leeds, aud. mc^Jokn WkUworth, Leeds, Yorkshire, mill- 
wright, March 4 a| 11, Distriet Court of Bankruptcy, Lcedi, 
aud. ac. — WiUiam Maton, Halifiuc, Yorkahire, draper, March 
4 at 11, District Court of Bankruptcy, Leeda, aud. sc- 
Johm Cammmi, Bradford, Yorkahire, linendraper, Mareh 4 
at 11 , District Court of Bankruptcy, Leeda, and. ac.— Cktrkt 
Mead, Great Grimsby, Lmcolnshire, wine merchant, March 
3 at 12, Diatrict Court of Bankniptcy, Hull, and. ac.-^ 
YTai/er Z>ey,White's-row, Spitalfields, Middlesex, msoosroni 
nanoiactiurer, March 12 at 11| Court of Bankruptcy, Londom 



THE JURIST. 



65 



diT. — Omem Gray, 6n»t Tower*8treet, London, builder, 
Mardi 12 at 1, Coort of fiankroptey, London, dW.— Cort/M 
J9MM««f», Great Tower .street, London, sugar broker, March 
12 at 12, Court of Bankruptcy, London, dW.— FFin. Powell, 
Jeirerfs*atreet, Camden-town, Middlesex, builder, March 12 
at 11, Court of Bankruptcy, London, diT.— JoAa Btmifaee, 
Eaatergate, Sossez, maltster. March 12 at 12, Court of Bank- 
mptcT, London, div.— Aaae Bo}fd, Spital* square, Middlesex, 
ailk mannfMtarer, March 16 at 11, Court of Bankruptcy, 
London. diT.— CAor/e* Jamet Sander*, CoUingwood-street, 
Blackfiiars-road, Sarrey, proTision merdiant, March 16 at 1, 
Court of Bankruptcy, London, dir,^ Samuel Loci, Stoke 
D'Anbertoo, Surrey, auctioneer, March 12 at half-past 11, 
Coort of Bankruptcy, London, dif,-^lUekttrd Fowke, Wol- 
Terhampton, Staffordshire, chemist, March 18 at half*past 11, 
District Conit of Bankruptcy, Birmingham, div. — Robert 
Heardmam, Manchester, wine merchant, March 15 at 12, 
District Court of Bankruptcy, Manchester, dir. — Thomae 
Brighomu, Liyerpool, contractor, March 15 at 11, District 
Court of Bankruptcy, Liverpool, dir.— JoAn Warburton, 
Liverpool, tailor, March 16 at 11, District Court of Bank- 
mpCey, Liverpool, diT. — Robert Button Reevee, Liverpool, 
spirit dealer, and Rich, Herdman Dawmm, OxtOn, Cheshire, 
•nt of business, March 15 at 11, District Court of Bank- 
mptey, Liverpool, div. sep. est. of R. Herdman Daweon; 
March 16 at 11, div. joint est.— /oAn Riekarda, Merthyr 
Tydvil, Glamorganshire, wooUendraper, March 17 at 11, 
District Court of Bankruptcy, Bristol, div. 

CaaTiFiCATms. 

To ho ailowed, mnleu Camoe be eheum to the eontrarp on or 

before the Day ^Meeting, 

John Wmiama, Bristol, shipowner, March 24 at 11, Dis- 
trict Court of Bankruptcy, Bristol. — Robert Seymour, Sun- 
deriand, Durham, linendraper, March 12 at half-past 11, 
District Court of Bankruptcy, Newcastle-upon-Tyne. — Jkmid 
SooSbyer, Tavistock, Devonshire, ironmonger, March 16 at 
11, District Court ot Bankruptcy, Exeter.— £<iw. Wilkinoon 
and TJkomao Bent ley, Liverpool, tailors, March 15 at 11, 
District Court of Bankruptcy, Liverpool. •— Jamee Cooper, 
Liverpool, butcher, March 16 at 11, District Court of Bank- 
mptcy, Liverpool. — George Brear, Wakefield, Yorkshire, 
innkeeper, March 16 at 12, District Court of Bankruptcy, 
Leeds, — Samuel Maeon, Newcastle-under-Lyue, Staffordshire, 
draper, March 17 at half- past 11, District Court of Bank- 
roptcy, Birmingham. — Thomae U. Anderson, Wellmgton, 
Shropshire, mercer, March 24 at half- past 11, District Court 
of Bankruptcy, Birmingham. 

To be yranted, unleee an Appeal be duly entered. 

Jmmm G. Wateon, Sunderland, Durham, grocer.— fTtZ/Jmn 
Yumny, Newport, Monmouthshire, victusUer.— /. Warburton, 
Livopool, tailor.— CAiir/tf« Pigot, Wigan, Lancashire, scri- 
Tcner. — Tkomtm Birek, Chorlton-upon-Medlock, Manchester, 
common brewer — Richard Fowhe, Wolverhampton, Stafford- 
sliire, chemist.- 7A9iiia« Carr^ Doncaster, Yorkshire, inn- 



PXTITIONS AmNULLKD. 

ITm. Platte, Crawford-st., Marylebone, Middlesex, draper. 
'^Frederick F. Cobh, Canterbury, grocer. 

PAaTNBBSHlPS DiHSOLTBD. 

Jokm Ayre the younger and Edward Colder, Bristol, attor- 
ines and solicitors.— H^i/Ziom Smith, Charlee B, Grooer, and 
WUlmm Frederick Smith, Hemel Hempstead, Hertfordshire, 
attonics and solicitors, (ss far as regards Wm, F. Smith), 
Scotch Sequsstrations. 
WHBam Shaw, Glasgow, jeweller.— -S^tM 4* Maeeullum, 
Jjeathf awrdianU.— George Dunlop 8f Co,, Kilbagie, Clack- 
distillers. — Wm, Donald, deceased, Inverary, 



INSOLVENTS. 
Wm» Wade, Bootle, Lancashire, plumber, March 3 at 10, 
Coonty Court of Lancashire, at Liverpool. — Margatet Hodg^ 
aam, Everton, near Liverpool, milliner, March 3 at 9, County 
Court of Lancashire, at Liverpool. 

INSOLVENT DEBTORS 
Who kaoeflled their Petitione in the Court of Bankruptcy^ 
and have obtained an Interim Order /or Protection from 
Proceeo, 
R ich ar d F. Jenuinge, Holsworthy, Devonshire, attomey-at- 



bw, March 12 at 11, County Court of Devonshire, at Holst 
worthy.— FFm. Stephens, Rhynming Iron-works, Gellygaen, 
Glamorganshire, contractor, Mareh 8 at 10, County Court of 
Glamorganshire, at Merthyr Tydvil. — Jamee Bland, Denbigh, 
chemist, Mareh 10 at 11, County Court of Denhighshire, at 
Denbigh.— '^M^ttsftfie Atherton, Yatton, Somersetohire, inn- 
holder, March 3 at 11, County Court of Gloucestershire, at 
Bristol. — /. Uneworth, West Derby, Lancashire, cabinet maker, 
Mareh 3 at 10, County Court of Lancashire, at LiverpooL— ^. 
Smallman, Strood, Rochester, Kent, wheelwright, Msreh 4 at 
10, County Court of Kent, at Rochester. — Jamee S. Laeeby, 
North Killingholme, Lincolnshire, out of business, March 30 
at 12, County Court of Lincolnshire, at Barton. upon- H umber. 
— Samuel Birkitt, Barton-upon-Humber, Lincolnshire, hatter, 
March 30 at 12, County Court of Lincolnshire, at Barton- 
upon-Humber.— TFm. Knott, Brigg and Yawthorpe, Corring- 
ham, Lincolnshire, vessel owner, Msrch 12 at 11, County 
Court of Lincolnshire, at Brigg. 

The following Pereone, who, on their eeveral Petitione filed 
in the Court, have obtained Interim Orders for Protection 
from Procese, are required to appear in Court as herein* 
qfter mentioned, at the Courtmhouee, in Portugal-street, 
Lincoln's Inn, as follows, to be examined and dealt with 
according to the Statute.' — 

March 3 at 10, brfore Mr, Commissioner Law. 

John L, Mourgue, Canterbury-place, Penton-street, Wal- 
worth, Surrey, dancing master. 

March 5 at 10, before Mr. Commissioner Law. 

Robert Dunekley, Bromley, Kent, smith.— C /. F. OliJUrs, 
Frith-street, Soho, Middlesex, srtist in hair. 

Marck 6 a^ 11, brfore Mr. Commissioner Phillips. 
Rickard Lewie T\>wnsend, Dorset-street, Portman-square, 
Middlesex, upholsterer.— JZieA. Horton, Cnmberland-street, 
Hackney-road, Middlesex, carpenter.— A^nry Colnet, Rut- 
land-terrace, Brompton, Middlesex, derk of the kitchen of the 
Junior United ServioB Club. — Isaiak Wilcos, Garrett-lane, 
Wandsworth, Sarrey, chandler -shop keeper. 

Marck 8 «/ 10, brforeMr. Commissioner Law. 

Arthur L. Daweom, Edward-street, Wharf-road, City-road, 
Middlesex, machinist. 

' Marck 8 af 11, before Mr. Comwdssioner Phillips. 
Wm, Henry Comieh, Bell-street, Edgeware-road, Middle- 
sex, furniture dealer. 

The following Prisoners are ordered to be brought up bffore 
the Court, in Portugal-street, to be exawuned and dealt 
with according to the Statute :^-' 

March 5 «f 11, before the Chibp Commissionsk. 
Charles Borer, ElUott's-row, Lower-street, Lower-road, 
Islington, Middlesex, grocer.— TFm. W. Ogboume, The Ter- 
race, Kennington -common, Surrey, out of husiness. — James 
Clare, Ann's-plaoe, Whitmore-road, Hoxton, Middlesex, 
cheesemonger.—/. M. Digby, Crown-atreet, Finsbury, Mid- 
dlesex, out of business.— CAa«. Wm, G, Guthrie, Frith-street, 
Soho, Middlesex, surgeon. 

March 5 at 10, b^ore Mr„ Qmtmissioner Law. 
Francis Farrow, Harrow-on- the- Hill, Middlesex, stone- 
mason.— ^Wmctt Groves, Tower-street, Waterloo-road, Sar- 
rey, carman. 

March 6 af II, b^ore Mr, Commissioner Phillips. 
Matthew Cumningham, Featherstone-street, City-road, Mid- 
dlesex, licensed hawker.— ^^red Parr, London-road, South- 
wark, Surrey, dealer in music. 

March 8 at 10, brfore Mr, Commissioner Law. 
Edward Blstone, Princess-street, Stamford-street, Bhck- 
friars-road, Surrey, out of business.— Chas. Wm. Bevan, New 
Bridge-street, Blaickfrian, London, actuary of the English and 
Cambrain Assurance Society.— Geor^ff Bish, Stratford, Essex, 
smith. 

Mareh 8 «/ 11, b^ore Mr, Comadssioner Phillips. 
A, Motte, Keppell-street, Southwark.bridge-road, Sorreyi 
outofb"~ 



M 



THE JURIST. 



Tk€ foUtnrimg Prkmmt art trdtrtd to b§ bromffki igi k^fitrt 
a Judge </ ik§ Cnmig Qmri^ to k€ wmmimed md dt&U 
wUk meetHrdmff ta tht BMutt .•— - 

Ai the Comity €Smri of LoncaohirOt at Mamchbstbr, 
March 5 at 12. 
Barnard Carrigan, Manchester, oat of biuineiB. 

At tko ComUg C&wrt ^ DowmoMre, at Ezsrui, Mardk 6 
at 10. 
Jdmao GruHiladOt Bampton, fivmer. 

At iha Onmtjf Court of lAneolnMMre, at Lincoln, March 16 
0/12. 
Jamci Charlei, Vaddingham, near Kirton4n-Iiiadtej, 
bricklayer. 

At iko Counif Court qfKout, at Dotsb, March 17 at 10, 
George Witie, Dorat, e|erk to an attorney. 

TUESDAY, FsBBUABT 24. 
BANKRUPTS. 

ROBERT FURNISS LONG and ROBERT WHATKIN- 
SON LONG, Gray's-inn-plaoe, and Warwick-atreet, Re- 
gent-street, Middleflez, bmlden, March 6 at half-pait 12, 
and April 10 at 11 , Court of Bankmptqr, London : Off. Aia. 
Pinnell; Sola. Ford & Lloyd, 5, Bloomabnry-aqQare. — 
Petition filed Feb. 13. 

HENRY JOHNSON, York-bnUdinga, Adelphi, Middleaez. 
ooal merchant, Feb. 28 at half-past 2, and April 3 at 2, 
Court of Bankniptey, London ; Off. Aia. PenneU ; Sols. 
TUson & Co., CoIemaB-stieet, London.— -Petition dated 
Feb. 23. 

WILLIAM DENMAN, Cheam, Surrey, carpenter, Feb. 28 
at 2, and April 3 at 11, Court of Bankruptcy, London: 
Off. Ass. Nicholson ; SoL Pason, 16, Bloomsbury-squaro. — 
Petition dated Feb. 18. 

JAMES WRIGHT, Cheshaoi, Buddnghamshire, grocer and 
oheesemonger, dealer and chapman, Biaich 6 at half-iiaat 

11, and April 10 at 12, Court of Qankmptoy, London: 
Off. Ass. Nicholson ; S<ds. Pontifes & Mcginie, 5, St. An^ 
drew's-oourt, Holbom.— Petition filed F^. 10. 

WILLIAM HARDING, Aoton, Middlesex, miller, com 
merchant, dealer and chapoan, Mareh 6 and April 16 at 

12, Court of Bankruptcy, London : Off. Am. Canaan; Sol. 
Murrongh, 5, New-inn, Strand.— Petition filed Feb. 20. 

WILUAM HADEN RICHARDSON, BENJAMIN 
RICHARDSON, and JONATHAN RICHARDSON, 
Wordesley, Staffordshire, and Lamb's Conduit-street, Mid- 
dlesex, glass manufacturers and dealers in glan, March 8 
and April 15 at half-past 11, District Court of Bankruptcy, 
Birmingham : Off. Ais. Christie ; Sols. Cdmore & Beale, 
Birmingham; Collis & Bernard, Stourbridge. — Petition 
dated Feb. 14. 
HENRY COOKE, Leamington Priors, Warwickshire, hatter 
and hosier, dealer and chapman, Mardi 8 and April 8 at 12, 
District Court of Bankruptcy, Birmingham: Off. Asa. 
Christie ; Sol. Forder, Leamington Priors.— Petition dated 
Feb. 20. 
WILLIAM HARRIS, Kingston-UDon-HuU, draper, dealer 
and chapman, Mareh 17 and April 7 at 12, District Court 
of Bankruptcy, Hull : Off. Ass. Carrick ; Sols. Sale & Co., 
Manchester; J. ft H. Biehardson ft Gaunt, Leeds.— 
Petition dated Feb. 7. 
GEORGE SHERLOCK and BENJAMIN SUTTERBY, 
Hulme, Lancashire, joiners and builders, March 6 and 26 at 
11, District Court of Bankruptcy, Manchester: Off. Ass. 
Lee ; Sols. Eltoft, Manchester ; Jaones ft Co., 8, Ely-place, 
Holbom, London.— Petition filed Feb. 21. 
WILLIAM CALDWELL, SheringUm, Laaoashire, coal 
proprietor, March 8 and 29 at 11, District Court of Bank- 
ruptcy, Liverpool : Off. Ass. Caaenove ; Sols. Janion, Man- 
chester ; J. ft E. Whitley, liverpool.- Petition filed Feb. 17. 

Mbbtinos. 
Jamee Knight, Wigan and Haydock, Lancashire, butcher, 
March 5 at 12, District Court of Bankruptcy, Mancheater, 
pr. &.— William Edward Johnoon, New- wharf. Little Abing- 
don-street, Westminster, coal merchant, March 5 at half-past 
12, Court of Bankrupt<7, London, last ex.— /oAn Boniface, 
Ewtergate, Sussex, maltrter, Mareh 6 at 1, Court of Bank- 
ruptcy, London, and. ac. — CSsrsfeii Holthouoe^ Gnaft Tower« 



stveet, London, sugar broker, Blarch 6 at 1, Court of Bsnk. 
mptcy, London, and. ac.— JoA» Whitfield and Qoorgi Jamtt 
WhiifMd, Lamb's Conduit-street, Middlesex, eheesenoagen, 
March 10 at half-past 12, Court of Baakraptey, Loodoa, 
and. ac ; Maieh 16athalf.paBt 12, dk^.-^WOUam Wadmertk 
Bragger and Biehard Bragger the younger, CsmbemtQ. 
men, Surrey, and Laurance-lane, London, dealers m hosiafj, 
Maroh 9 at 11, Court of Bankruptcy, London, aad ic.— 
WiiHam Mathman, Charlotte-st., POrtlsnd-place, MiddleM, 
carpenter, March 5 at 11, Court of Bankruptcy, London, sid. 
ac.— ^V-oMeit Seffe, Sheerness, Isle of Shoppy, Kent, walch. 
maker, March 5 at 11, Court of Bankruptcy, London, sod. 
a«.— JoiAna Bgre, Sheffield, Yorkshire, grocer, Manh 6 at 
12, District Court of Bankruptcy, SheflMd, and. ac.— JUs 
Battg, Gerrard-st., Soho, Middlesex, draper, Maich 16 it 
11, Court of Bankruptcy, London, div. — Hmry £y«Ae, otha. 
wise Bi$h, Brighton, Sussex, builder, March 16 at 1, Court of 
Bankruptcy, London, div. — Andrew Paton HaUtdag nd 
BUaa Paton, Combrook, Hulme, Manchester, manuisrtsri^ 
chemists, March 19 at 12, District Court of Bsnkri|rtej, 
Mandiester, fin. diT.--n/. Bntwitle, Raddiffe and Msncfaii. 
ter, cotton manufacturer, March 18 at 12, District Court of 
Bankruptcy, Manchester, div.— Gftat. Bead, Great Griwbj, 
Lincolnshire, wine merchant, Maroh 24 at 12, Distriot Coat 
of Baakmptey, Hull, div. 

CumnFicATBa. 
7b he allowed, unleee Cauee be ehewn to the eontrarg oa at 
b^^e the Dag of Meeting, 

Henry Robert Sabine, Poppin's-court, Fleetest, London, 
card maker, March 17 at half-past 1, Court of BanknipCey, 
London. — John Solomon Bllie, Aldgate, London, tiilor, 
Mareh 17 at 12, Court of Bankrupt^, London.— VFiOioi 
Naeh, NdUe-st., London, woollen warehouseman, Mareh 17 
at 1, Court of Bankruptcy, London. — VFm. Woodt, Gis- 
sfaom-rooms, Basin^iaU.st, London, warehouseman, MsrckU 
at half-past 1, Court of Bankruptcy, London.— flm. ildsw, 
Hastings, Sussex, hardwareman, March 13 at 1, Coert of 
Bankruptcy, London. — C. B, Pottinger, Hardwidi-plaoi, 
Commerciid-rood East, Biiddlesex, wine merchant, Haick 16 
at 2, Court of Bankruptcy, London. -^oAn Wagetof, Wor- 
cester, cattle dealer, March 18 at half-past 11, District Coort 
of Baidmiptcy, Birmingham. 

7b be granted, unleee an Appeal be duly entered, 

8amu^ George Qaartermaine, Eaton-mews, West Flmlioo, 
Middlesex, horse dMler.- 12oft«rf Brown, GraTcl-lane, South. 
wark, Surrey, and St. Mary-at-Hill, London, basket maker. 
— Auetin Robert Staee, Strood, Kent, ironmonger.— T^tooMr 
Edwin Southee, Fleet- st., London, advertiaing agent.— /caef 
Fuller, City-road, Finsbnry, Middlesex, glass meichant^. 
Staaey, Crosby-row, Walworth-road, Surrey, groeer.— IP^* 
JtfsiAfMm, Charlotte-street, Portland- place, Middlesex, ov 
pentor.— Jemet Syiee and Thomae Sgkee, Seionhills liiB« 
Soyland, Halifax, Yorkshire, woollen manufiactursrs. 

PSTITION AnHULLBD. 

Zeehariah Biehard Catchpole, Upper Lisson-st., UHon- 
groTC, St. Marylebone, and CaUe-rt., WeUclose-square, Rat- 
cUib-highway^ St. GeorgeVfai-tbe-East, Middlesex, cheeie- 
monger. 

Scotch SnavnaTnATioNs. 

Edward Buchanan, Glasgow, builder.— Stenel Somartk, 
Glasgow, ftmeral undertaker..- ITtlliam Downie, JameslDVBf 
Dumbartonshire, innkeeper.-- Hon'fjr Cohnert, Edtaibaijh, 
jeweUsr. 

INSOLVENT DEBTORS 
Who hmoefUed their PetUione in the Court qf Bankfugttft 

and have obtained an Interim Order for ProtoeOanfrem 



George 7!lomat, New Windsor, Berkshire, tailor, Mardi It 
at 10, County Court of Berkshire, at Wmdsor. — Charltt 
E, Budd, Horton, Oxfordshire, out of business, Mareh 12 
at 10, County Court of Berkshire, at Windsor.— <7«oryf A 
Grten, SouthMa, Portsea, Southampton, dairyman, Maiih 17 
at 10, County Court of Hampshire, at Portsmouth.— #V«dl. 
Chae. Bradley, Chester, canal and railway company's derk, 
March 17 at 11, County Court of Cheshire, at Chester.^/si* 
SeUieh, Ealy-green, Over Stowey, Somersetshire, hmkegper, 
March 16 at 11, County Court of Somersetshire, at Bridg- 
water.— George Wright, Great Horkesley, Essex, in no bosi- 
Maroh 22 at 12, County Court of Essex, at CdoheiMr' 



THE JURIST, 



•7 



— Ba^. Wfmma Painm', Ck>lchMtnr, EiMs, oommeieial tra- 
T«ikr, March 22 at 12, County Court of Eaaez, at Colchester. 
— 230*. 8tmmmer9f Flnehingtleld, Emcde, poulterer and beer 
eeUer, Mardi 11 at 11, County Court of Eaeez, at Brain- 
trw.— J. Patekitt, Boddymore Heath, Kingsbury, Warwick, 
ahire, March 12, County Court of Warwickahire, at Tamworth. 
— Jist. SaBU^erpf Cardiff, Glamoffsnahire, butdier, March 10 
at 10, County Court of Glamorganshire, at Cardiff.— fTm. 7. 
Iknmtttf Southtown, Suffolk, out of bnsineu, March 10 at 10, 
County Court of Norfolk, at Great Yarmouth.— G. Biiettf 
Great Tarmouth. Norfolk, grocer, March 10 at 10, County 
Court of Norfolk, at Great Yarmouth.— .foAa Gojre, Great 
YaruBOuth, Norfolk, brickUyer, March 10 at 10, County 
Omrt of Norfolk, at Great Yarmontb. 

Tk^fmUowimgPermmtj wkOj m their ieveraiPetiihtuJiUd m 
tk€ Comri, kmve oitaitud Interim Ordere for Proteetitm 
fmm Proeeee, are required to appear in durt at herein' 
^er wuniioned, at the Court-houee, in Porimgal-etreet, 
UneohCe Ian, ae foUowe, to be examined and dealt with 
f to the Statute .— 



March 10 a/ 11, brfore the Cbibf CoMiiiasioNBU. 
Georpe CMk, King's Arms-place, Commercial-road East, 
and FoK-st., Limehonae, Middlesex, shoemaker.— fTm. IT. 
Smiiheouj Newman-st., Oxford-st., psinter.—ilrMicr IfarKn 
the younger, Mereton-st., Fimlico, Middlesex, out of business. 
— John Sevi//, Chigwell, Essex, builder. 

March 10 at 10, before Mr. Commieeioner Law. 
Hemrp Newport, Keoton-street, Bmnswick-sq., Middlesex, 



Saturday, Feb. 21. 
Ordere haee been made, veeting in the Prooieional Aeeipnee 
tha Reiaiee and Efeete o/the/oUowinff Pereone:^ 
{On their own PetitioneJ. 
Ceri H. P. Somner, Bedford-st., Corent-garden, Middlesex, 
fffhiii of music : in the Debtors Frison for London and Mid- 
dleaeXd — John T. Oain, Hawkins-street, Sydney-st., Stepney, 
Middlesex, dothfcap manufacturer : in the Debtors Prison fbr 
London and Middlesex.^DmrJd Williame, Great Winchester. 
street, London, fruiterer : in the Debtors Prison for London 
and Middlesex.— JSicAanf R. Pond, Chureh-st., Old Kent- 
road, Surrey, printer : in the Debtors Prison for London and 
MiilillfSfi — Horatio W. BaU, Castle-street, Letoester-square, 
Middlesex, attomey-at-law : in the Debtors Prison for London 
and MyMmt(i.^Ckrietopher Holt, UverpooUstreet, King's- 
cross, Middlesex, licensed Tictualler : in the Debtors meoisk 
for London and Middlesex.— G^Ofys R. Smith, Brldge-road, 
Hammemnith, Middlesex, omnibus driver: in the Debtors 
Prison for London and Middlesex.— lioifr/ Blaeh, St. John* 
St., ^^tA<UM, Middlesex, beer-shop keeper : in the Debtors 
Prison for London and Middlesex.---/oAi» Hubball, George- 
street, New N<Mrth-road, Islington, Middlesex, locksmith : in 
the Debtwrs Prison for London and Middlssex.— /oA» Thoe. 
Mmiiimg^, Reading, Berkshire, ale brewer: in the Debtors 
Mann Ibr London and Middlesex.— IFm. Peppier, Circos-st, 
New-road, St. Marylebone, Middlesex, bricklayer: in the 
Debtors Prison for London and Middlesex. -^ Xiou MetM^ 
Mitre-sq., Aldgate, London, dealer in cigars : in tlie Debtors 
Prison for London and Middlesex. — Mary Jaekeon, Arlington- 
street, Momington-cresoent, Camden-town, Middlesex, milli- 
ner: in the Dd>tors Prison for London and Middlesex.—^. 
B.Morri»f King William- street. Strand, Middlesex, patent 
floor-doth manufacturer : in the Debtors Prison for London 
and Middlesex. — George Grace, Epsom-common, Surrey, 
dealer in malt: in the Gaol of Surrey.— JSTsnyy F. Wollaeton, 
UniaB-grove, Wandsworth.road, Surrey, secretary to the Hall 
of ComsMice : in tbe Queen's Prison.-^. Bennett, Suffolk- 
street, Csmbridge-road, MOe-end, Middlesex, eating-house 
keeper : in the Debtors Prison for London snd Middlesex.— 
Sammel TiUett, Colchester, Essex, conTmnoer : in the Gsol 
of Springfield*— CAer/es Jamee, Ipsley, Wsrwickshire, retail 
brewer : in the Gaol of Coventry.— ilrfAur Lodwieh, Liver- 
pool, diopman : in the Gaol of Lancaster.— Gler/et Jamee, 
Ilaiiddewybrefi, Cardiganshire, csrpenter: in the .Gaol of 
Cardigan.— ^oAn Hebeon, Liverpool, butcher : in the Gaol of 
fjanfMler.— jli^fey Jamee Petty, Bittern, Hampshire, cabmet 
maker: in the Gaol of Southampton.— Gsoiye H. Wateon^ 
Bradford, Yorkshire, commission agent i in the Gaol of York. 
-V: Buiehar, Ipswich, Suffolk, hatter : in the Gaol of Ipswich. 
^Wm. DeakiM, Sheffield, Yorkshire, grocer : in the Gaol of 



Sheiiield.— lUemet Lemedale, Blaekbum, Lancashire, groeer i 
in the Gaol of Laneastsr.— VFIIttem MKeniie, Wigan, Lan- 
casUre, licensed victualler : in the Gaol of Lancaster. — Jmue 
Ormerod, Blsckbnm, Lsncsshire, ale dealer : in the Gaol of 
Lancaster.— /oM|iA <SipMrrsi0, Bebbington, near Birkenhead, 
Cheshhre, milk dealer : in the Gaol of Chester.— IT. WheOer, 
Seaham Harbour, Durham, bread baker : in the Gaol of Dur- 
ham.— Ifory Bhwfield, WalsaH, Staffordshire, upholatereas : 
in the Gaol of Stam>rd. — T^ot. Hoppe, Birmingham, licensed 
victualler : in the Gaol of Coventry.— /oA» AUen, Norwicbf 
Norfolk, wood turner : in the Gaol of Norwich.— X Butcher ^ 
Manchester, pork butcher : in the Gaol of Luicaster.— Vosi|iil 
Berry, Patricroft, near Manchester, cotton manufacturer : in 
tiie Gaol of Lancaster.— JoAn Cb/Jins, Choriton-upon-Med- 
lock, Manchester, traveller in hardware : in the Gaol of Lan- 
easter. — JVm. Edgar, Liverpool, warehouseman : in the Gael 
of Lancaster.^ ^m. Holden, Blackburn, Lancashire, grocsr : 
in the Gaol of Lancaster.— Pelsr Hadfleld, Holme, Manches- 
ter, out of business : in tlie Gaol of Lancaster.— FFir. Howell f 
Caerhys, Trawsfynydd, Merionethshire, labourer : in the Gaol 
of DolgeUey.— If itfAesI M'NoHy, Chorlton-upon-Medtock, 
Manchester, ogg dealer: in the Gaol of LaiMaster.— Jbikn 
Picklee, HoUins, near Oldham, Lsncsshire, provision-shep 
keeper : in the Gsol of Lancaster.— /smet Perrine, Birming- 
ham, bruah manufacturer : in the Gaol of Coventry. — Johm 
Topping, Hulme, Manchester, stonemason : in tiie Gaol of 
Lancaster. — H. Tapping t Hulme, Manchester, stonemason: 
in the Gaol of Lancaster.— T^kofnes Vineent, Southampton, 
Hampshire, captain on half-pay in the Royal York Rangors ; 
in the Gaol of Southampton. — 7. /. fVhidbome, Tranmere, 
near Liverpool, ship chandler : in the Gaol of Lancaster. — G» 
Xxwer, Lyminge, nesr Elham, Kent, attorney at law : in the 
Gaol of Dover.— fTm. Clay tan, Wigan, Lancaahire, joiner: in 
the Gaol of Lancaster.— iSdatimd Croee, RoUcston, near Bur- 
ton-upon-Trent, Staffordshire, butcher : in the Gaol of Co- 
ventry. — Robert Hunter, Bristol, Somersetshire, linendnqier : 
in the Gaol of Bristol.— /oAn Kay, Oldham, Lancashire, cotton 
waste dealer : in the Gaol of Lancaster. — Clai. Wray, Leeds, 
Yorkshire, stonemason : in the Gsol of York. 

The following Prieonere are ordered to be brought sqi b^flere 
the Court, in Portugal^etreet, to be examined and deait 
with aoeording to the Statute:^ 

March 10 at 10, b^fitre Mr. Commieeioner Law. 
Daniel Alder, Old Weston-street, Southwark, Surrey, omt- 
chant. 

March 11 0/ 11, b^fiere Mr. Ooaemieeioner Phillips. 
F^mteie JHnedale, Lower Queen-st^, Rotheildthe, Surrey, 
coal dealer.— 2>S9<d WilHame, Great Winchester-street, Lon- 
don, fruiterer. — Georoe H. Hall, Poland-street, Oxford-street, 
Middlesex, booking clnrk to the Great Western Rsilway Com- 
pany.— Bfii/. Brand, Duke-street, Spitalfields, Middlesex, 
■Mriner.— IT. Key, Kiity-street, Hatton-garden, Middlesex, 



The following Prieonere are ordered to be brought up b^^re 
a Judge rf the County Court, to be e xamin ed and dealt 
with according to the Statute :^ 

At the County Court qf S^foU, at Ipswich, March 12 

alio. 
John Butcher, Ipswich, hatter.— Ifm. T. Spratt, Haki- 
worth, ooachmaker. 

At the County Court ^Notfolh, at Norwich, March 12. 
George Hewitt, Heigham, ironfounder. 



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68 



THE JURIST. 



LAW.— WANTED, EMPLOYMBNT by a GenOeiiiiii of 
•xpmlmaiott who ii thoroughly eompoteot to mdoitako the ootira 
chaim of nuking out Parliamonttfy and genenl Costs, and tupexin' 
tending the Accoonto of a Solicitors Business. Be has been mndi 



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THE LAW LIST for 1852, oontaining tho only aathorited 
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and the New Prospectuses, can now be obtained of any of the Sodetfs 
Agents, or by addrsssing a line to 

GEORGE H. PINCKARD,RcfldetttSecKtsi7. 
99, Great Russell-street, Bloomsbury, London. 
February 10, 1852. 



E^^ 



iUITY and LAW LIFE ASSURANCE SOCIETY, 
No. 26, Lincoln's-inn-fields, London. 



The Right Hon. Lctd Monteagle. 
The Ri^t Hon. Lord Cranwoith. 
The Right Hon. the Lord Chief 

Baron. 
The Hon. Mr. Justice Coleridge. 



The Hon. Mr. Justice Erie. 
Nassau W. Senior, Esq., Kilter 

in Chancery. 
C. P. Coop«r, Esq., Q.C., U.D« 

F. R. 8. 



George Capron, Esq. 

The Businen and Interest of the Etonian Assurance Company htT« 
been transfe|rad to this Society. 

Policies in this OlBce are indispuUble, except In eases of fraud. 

Persons who have been seen by a Medical Officer of the Sodctyin 
not required to appear before the Directors. 

"Frse Policies^ are issued at a small increased rate of PremfBffl, 
v^ch remain in force although the Life assured may go to any psit of 
the wmrld. 

Policies do not become void by the Life aunred going bcyosd tk 
prescribed limits^ so far as regards the interest of l%ird Parties, pio- 
vlded they pay the additional Premium so soon as the fact cone* » 
their knowledge. 

Parties assuring within Six Months of their last Birthday art il- 
lowed a diminution of Half-a-year in the Premium. 

The Tables are especially favourable to young and middle-sged LIm, 
and the limits allowed to the Assured, without extra chaige, are un- 
usually extensive. 

Eighty per Cent of the ProflU are divided at the end of eveiy Fi^ 
Years among the Assured. At the first division, to the end of 1849, the 
addition to the amount assured averaged above 50/. per Cent on the 
Premiums paid. 



••• Orders for THE JURIST given to any Newsman, or letter (doii* 
paid) sent to the Office, No. S, CHANCER Y>LAN£, or to STEVENS 
ft NORTON, S« and 39, BELL-YARD, LINCOLN'S-INN, wiU iniort 
Itt punctual delivery in London, or iu being forwarded on the eveoisi 
of publication, th rough the medium of the Post Office, to the Cou ntry^ 

Printed by HENRY HANSARD, PnxnTxm, residing at No. 14. 
Park Square, Regent's Park, in the Parish of St Marylebone. in th« 
County of Middlesex, at his Printing Office, situaU in Parker Street, is 
the Parish of St Gile»-in-the-Fields, in the County aforesaid: and Pttb> 
lished at No. 8, Csaycxmr Lavs, in the Parish of St. Dnnsua ia tbe 
West, in the City of London, by HENRY SWEET, Law Booxs»is« 
and PvBLXSHBK, residing at No. 41, Great Coram Street, in thePsriih 
of St George. Bloomsbury, in the County of Middlesex.— Satnidsjj 
February 28, 1B5S. 




iMsmi 



No. Vol— Vol. XVI. MARCH 6, 1852> Price U., wUh St^lement, 2s. 

NAMES OF THE CASES REPORTED IN THIS NUMBER. 



CouKT OF Chancery. 
Soott V. Sptaheit" (Wife's lUver9ionary Choie in Ac- 
titm — Jiiif luwan/— ggniijy to a Seiilement on Pe- 

HHom^Stop Order) 157 

Court of Appxal in Chancery. 
Jn re Browne, and in re The Oxford and Bletchley 
Jonetion and Buckinghamshire Railway Acts — Bjp 
parte Staples. — {Pmrchate by Railway Company-^ 

Service qf Petition for Re-imvettment) 199 

Vicb-Chancellor Turner's Court. 

Adaaw ». Jooea,^{Leyaey-'Mi$de$eripti9n) 159 

Vice-Changellor Kinderslet's Court. 
Sovth Stafibrdahire Railway Company v. Hall. — {Prae- 

tiee^Diemieeal^Coita) 160 

Vice-chancellor Parker's Court. 
Carter v. Taggart.— (Marrtetf Wowutn*a Equity to a 

Seitlemeni-^F^nrm of uliimate Limitation) 160 

Cato and Othcn 9. Inring and Others.— (SAIp—lt«^. 
iry AeU^Purckaet without Notice) 161 



Court of Queen's Behch. 
De Haher v. The Queen of Portugal— Wadtworth r. 
The Queen of Spain. — {Action ayainet Foreiyn 
Potentate— Prokibition^Fbreiyn Attachment) .. 164 
Court of Common Pleas. 
Beardshaw v. Lord Londeshorough. — (Joint^etoeh Gmr- 
pany-^Aetion ayaintt Contributory^Pleadmg) .. 171 

Exchb^sr Chamber. 
Coe V. Piatt and Another.->(7 4* 8 Vict» c. 15, the 
Factories Act — Fencing Machinery) 1 74 

Court of Exchequer. 
Dobaon v. BrocVlebank. — (Judgment ae m Cote of 
M mm dt I njunction) 176 

Crown Cases Reserved. 
Reg. V. PowtU.— (Afor^o^ Deede^Burglary) 177 

Prerooattye Court. 
In the Goods of Peter jSmith— In the Goods of E. J. L. 
Cooper.— (1 Vict, c, 26, #. 9-Foo/ or End) .... 173 



LONDON, MARCH 6, 1852. 

Wb liave receired from the anthor of the pamphlet 
noticed in Tbb Jurist of the 14th February, an ai^u- 
ment in sopport of his view of the law of partnership, 
as opposed to the view taken by our correspondent of 
last week on the same subject; and although, in general, 
vre do not admit controversy in this journal, yet, on a 
point of so much commercial importance, (until the 
L^^itilature shall have established partnership en com- 
mandite), we think it may be useful that the subject 
should be as nearly exhausted as possible, and we there- 
fore insert the arguments of Mr. Begbie. The substance 
of them is as follows: — 

Referring to the article in The Jurist of last week, 
he says, ** One might be led to understand from the 
statement of the case Ex parte Hamper^ that his Lord- 
ship did not lay down the rule otherwise than ' in the 
course of conversation;' that he so laid it down at 
p. 404, expressly confining it to the rights of the parties 
inter se; and at p. 412, two days later, incautiously, 
and indeed inexplicably, contradicted himself, and laid 
down the rule as extending to the rights of third par- 
ties. Now, although what is reported at p. 404 was, 
perhaps, spoken animo deliberandi, yet it surely was 
something more tlian mere * conversation ;' and * P. T.' 
Las no right to take words which Vesey puts at the 
commencement of a new paragraph, and tack them to 
a preceding sentence. Your readers will see what 
I object to, on a reference to the report. But be it 
that the rule at p. 404 was laid down in the loosest 
possible manner, at p. 412 it was laid down most dis- 
tinctly, and there, at least, animo judicandi. Yet one 
might suppose ' P. T.' to attribute more virtue to a 
loose conversational remark than to this well-consi- 
VoL. XVL H 



dered definite law, extorted from an unwilling judge. 
I would add, that the report of the case Ex parte 
Hamper came repeatedly before the notice of Lord 
Eldon in Ex parte Wateorty Ex parte Langdale^ &c., in 
the course of the sixteen years during which he re- 
mained on the woolsack, and always met his approba- 
tion. Yet we are now told that it was founded solely 
on his Lordship's ' imagination,' and that his Lordship 
did not. In fact, intend to lay down any such rule. 

*' In support of his proposition, that the rule in 
Ex parte Hamper was not law previous to the case of 
Ex parte Hamper, * P. T.' refers to Coll. Part. 24,, 
which surprised me somewhat, as I had referred to the 
same passage in support of my view. Collyer says— 
'These dicta do not seem to have been warranted by 
any express decision anterior to his Lordship's own 
judgments. They are, however y generally admiUed to be 
correct statements of the law on the suijeety and are the 
foundation of some decisions which it is necessaiy to 
notice in this place;' and which he proceeds to notice 
accordingly. 

** There is, perhaps, no reported case in which it was 
necessary to decide the express point; but the key to 
the rule in Ex parte Hamper is to be found in the 
judgment in Grace v. Smith, (2 W. BL 998)— * Every 
man who lias a share of the profits ought also to bear 
his share of the loss; and if any one takes' [or, I would 
even say, contracts to take] *part of the profits, he 
takes a part of that fund on which the creditor relies 
for his payment. A loan is no specific lien on the 
profits of the trader, yet the lender is generally inte- 
rested in those profits; he relies on them for repay- 
ment The true criterion is, to inquire whether 

S. agreed to share the profits with R.,' [i. e. in Lord 
Eldon's words, * agreed for a share of the profits them- 



70 



THE JURIST. 



selves as profits'], ' or whether he only relied on those 
profits as a fund of payment.' All these principles 
* P. T.' treats as non-existing. Neither does he attribute 
any importance to the leading case of Waugh v. Carver; 
and I must be permitted to say, tliat Ex parte Langdale 
(18 Ves. 800) is entirely different, in facts and in deci- 
sion, from what he represents. 

<* I would prefer supposing Lord Eldon. to have relied 
on some unreported case, rather than on cases ' which 
never existed except in his Lordship^s imagination.' 
There is, however, I submit, authority enougli to be 
found ; and at any rate, when * P. T.' says, ' The dic- 
tum in Ex parte Hamper was not founded on any pre- 
vious decision, and it has not since been acted on,' he 
is directly at issue with Lord Eldon on the first point ; 
and, on the second point, with his own referee and 
authority, Mr. Collyer, in the paragraph he himself 
cites ; for there is hut one paragraph of Mr. CoUyer's 
in all the page i*eferred to. (Coll. Part. 24). 

'* < P. T.' seems to think that a test, reluctantly hut 
clearly laid down by Lord Eldon, can be exploded by 
bringing it in contact with the expressions of Sir L. Shad- 
weliin^a^c^ v.>$cAeiic/&,(13 Jur.,partl,p.668). The 
opinion of that most estimable judge, however, is surely 
not to outweigh Lord Eidon's, even if decidedly ex- 
pressed, and decidedly in contradiction of his Lordship. 
But the expressions in Kaiseh v. Schenek may fairly 
be termed ' conversational' only. The Vice-chancellor 
i» Myog t od to hitve «aid, * Before I hear a reply, I wish 
to state my present impression as to this matter. It 
strikes me, that by the agreement the plaintiff has be- 
come a partner This interest is, in itself, very 

like a partnership interest.' And the matter was set- 
tled (in conformity with this opinion) by arrangement. 

** But so far Is this opinion from being in opposition 
to Lord Eidon's rule, that if the Vice-chancellor had 
had Ex parte Hamper (which does not appear to have 
been cited) before him, he must have said, 'In accord- 
ance with Lord Eidon's rule, I must decide in favour of 
a partnership ; for Schenek has agreed, not for a sum of 
money equal to a given portion of the profits, but for a 
share of the profits themselves.' Bat to attribute any 
authority whatever to KaUeh v. Schenek, while we toss 
aside, as unworthy our attention, all the principles laid 
down in Oraee y» Smithy Waugh v. Carter, and Ex 
parte Hamper, appears contradictory in the extreme. 

*'If Ex parte Hamper did not exist, I conceive my 
argument would remain just as strong on principle ; and, 
according to ' P. T.,' no weaker by losing so valueless | 
an authority. The positions which I have advanced, 
and near which * P. T.' does not come, are these : — 

*' 1. The law of England does not allow of a partner- 
ship with limited liability. 

** 2. There is no sound principle, nor any judicial 
dictum or decision, &voarable to the proposition, that 
a person advancing to a trading concern capital for a 
remuneration, varying according to the rate of profit; 
is thereby made a partner. 

*' 8. There are judicial authority, dicta, and decisions, 
that a person giving hb labour or influence for such a 
varying remuneration is not thereby made a partner. 

** 4. On principle, and on judicial dicta, there is no 
difference between the case of a person advancing, on 
such a oontract, labour or influence^ for the benefit of 



a trading concern, and a person advancing capital^theae 
things are all money or money's worth. 

*' 5. There are cases in which an advance of capital 
to a trading concern for a remuneration depending on 
the profits has been held not necessarily to constitute 
a partnership. 

" From which several propositions I conclade that 
convertible bonds, in the form mentioned in the paU" 
phlet already referred to, constitute a contract of debt 
merely, and not a contract of partnership." 

We ourselves continue of the opinion expressed in our 
former paper on the same subject, viz. that Ex posit 
Hamper is exceedingly absurd, but that it is neverthelea 
law; not because it was law before, for none of the cases 
referred to by any writer on the subject come up at all 
to the distinction laid down in that case — ^not because 
Ex parte Hamper made it law — ^but because, that case 
having assumed that it was law, the authority of that 
case having never been overruled, but having been, on 
the contrary, continually since adopted and followed 
in practice, it has become a sort of customary rule of 
law, perhaps the more strictly binding because it is 
unintelligible. Whether the convertible bonds adopted 
by the Gondola Company will stand, cannot, as we 
have before observed, be safely either assumed or d^ 
nied, until they shall have been the subject of judicial 
decision. 



SALE OF TIMBER ON COPYHOLD LAND. 



In the caae of Croeee v. Lawrence, (16 Jur., parti, 
p. 142), lands of freehold and copyhold tenure, lying 
intermixed and undistinguishable, were, with the tim- 
ber standing on them, sold by auction. It was stipu- 
lated by the conditions of sale, that the vendors should 
not be bound to distinguish the freeholds from the 
copyholds, or to shew the respective quantities of each; 
and the particulars of sale contained the following 
statement : — ** The timber trees and saplings and un- 
derwood of above seven years* growth on the respectire 
lots, which are to be paid for by the purchaserB, hen 
been carefulfy valued ty Mr, if., o/N., far the purpou 
of this eale, and the amount upon each lot will be de 
clared at the time of the sale, and will be required to 
be paid on the completion of the purchases, in addi- 
tion to the purchase money for the lots." It was not 
shewn that the custom of the manor authorised the 
tenant to cut timber. The purchaser objected to paj 
for any timber which was not shewn to be on freehold 
pround. But Sir G. J. Turner, V. C, held that he ws 
Dound to pay for all the timber, because there were not 
two contracts for the land and the timber separatdy, 
but a single contract for the purchase of the land with 
the timl^r on it at one price; and by the conditions 
the vendors were not to be required to distinguish the 
freeholds, and therefore were not to be required to shew 
a title to the timber; — as^ if a man selling a leasehold 
house sold the fixtures at so much, stating his inability 
to distinp[uish the tenant's fixtures from the kndlord'a 
The difficulty attending this decision is, that it allows 
the vendors to act inconsistently — to tell the purchaser 
that they cannot distinguish the timber which is to be- 
long to him from the rest, at the same time that ther 
say to him that they have made the distinction so well 
as to enable an appraiser to value them ''carefully." 
If this had been said in so many words, the purchaser 
might reasonably be held bound b^^ his assent even to 
sucn an absurdity; but to imply his assent to such a 
result merely becaose it may be infiarred from a con- 



THE JURIST. 



71 



dition in another part of the agreement^ as to the eri- 
dence of boandaries, aeems to be contrary to the rule of 
construing conditions of sale favourably to the pur- 
chaser. Nor does the inference appear to be necessary. 
The vendors may well state that tuey will not be bound, 
for the purposes of title, strictly to identify and shew 
the boundaries of every parcel of freehold land, and at 
the same time consistently state (as in the case under 
notice they clearly did by inference) that they know 
certain parcels to be freehold, and have valued the 
timber on those parcels. But if there be an incon- 
sistency, then it is impossible that any vduation can 
hare been made; and what was a mere guess, the 
renders have falsely represented to be a valuation. 

It is remarkable, however, that in the case of Grosae 
y. Kwne^ (16 Jar., part 1, p. 144), which arose out 
of the same sale, and was argued at the same time, 
his Honor abandoned the ground on which he had 
rested his deciBion in Crosse v. Lawrence. In Crosse v. 
Keene the lot was, and was described as beins^, wholly 
copyhold, and a valuation price for the timber on it 
was declared at the sale. The Vice-chancellor held 
thai it must be paid. '* The question in this case is 
similar to that in the last. The distinction which is to 
be taken between this case and the case of the sale of a 
crop of com, which the vendor can jive no right to 
cut, is this — that com cannot be enjoyed except by 
leaping it; whereas the trees may be enjoyed without 
catting them. There is often much value and enjoy- 
ment m the possession of trees quite apart from the 
yalne of them as timber. I think this is all one con- 
tract. There is no separate and distinct contract, one 
for land and another for the trees." Trae, but there 
ma a contract for sach a right of property in the trees 
as was capable of valuation in the ordinary way of 
yalning timber. No doubt an auctioneer mignt enlarge 
on the utility of the shelter and ornament of timber 
which could not be cut; but his Honor appears to have 
crverlooked the significance of the fact that the timber 
wras valued. The notion of a land>agent valuinc^ the 
enjoyment to be derived by an unknown purchaser 
firom standing timber which he cannot cut is simply 
ludicrous. It would depend upon the object of the 
pordiase, or the taste or even constitution of the pur- 
chaeeTy whether such timber would be a benefit or a 
nuisance. There can be no doubt whatever that the 
timber was valued as timber which might be cut, and 
tliat it was sold as having been so valued, and we do 
not see how the inference can be avoided, that the sale 
of the land and timber on that footing amounted to a 
represen tation that the purchaser would be entitled to 
cat the timber. Notice to him that the land was copy- 
hold was not, in the face of this representation to the 
oantrary, notice that he could not cut the timber, be- 
cause it was to be inferred, from the vendors assuming 
to sell it as timber to be cut, that there was a custom 
enabling the tenant to cut it. To take the illustration 
from fixtures adopted in the other case, if a man selling 
a leasehold were to stipulate for a further sum for the 
fixtoies^ would it not be understood that he contracted 
to g^ an absolute title to the fixtures — that they were 
hisy not the landlord's? Yet the fixtures in a leasehold 
honse more frequently belong to the landlord than to 
the tenant, as the timber on copyholds more frequently 
belongs to the lord than to the copyholder. 

Jfy as we contend, Keene was entitled to infer that 
he would be able to cut the timber on his lot, the same 
inference was open to Lawrence from the same parti- 
culars and conditions with respect to the copyhola part 
of his lot, involving the consequence that the condition 
as to distinguishing the freeholds from the copyholds, 
would not aifect his right to a clear title to the timber. In 
this view the two decisions must stand or fall together. 



lonQon asmttn. 

FRIDAY, February 27. 
BANKRUPTS. 

GEORGE HART and THOMAS HART, Union-street, 
Southwark, Surrey, trimmiDg manufactaren, hat and cap 
makers, dealers and chapmen, March 6 at 12, and April 16 
at half.past 1, Court of Bankruptcy, London: Off. An. 
Whitmore; Sols. Worthington 5c Shipman, Manchester; 
Reed & Co., 59, Friday-street, Cheapside, London.— Peti- 
tion filed Feb. 26. 

JAMES NORRIS, Watford, Hertfordshire, grocer, dealer 
and chapman, March 6 at half- past I, and April 16 at 1, 
Court of Bankruptcy, London : Off. Ass. Whitmore ; Sols. 
Lawrance & Co., 14, Old Jewry-chambers, Old Jewry, 
London.— Petition filed Feb. 21. 

JULIEN THOMAS DENIS, Lime-street, London, and 
Spur-street, Leicester-square, Middlesex, wine merchant, 
dealer and chapman, March 9 at half.past 12, and April 8 
at 12, Court of Bankruptcy, London : Off. Ass. Johnson ; 
Sols. Goddard & Eyre, Wood-street, Cheapside. — Petitioa 
filed Feb. 25. 

JOHN RALPH THREADGOLD, Southampton, tea dealer 
and grocer, dealer and chapman, March 5 at 12, and April 
8 at 11, Court of Bankruptcy, London : Off. Ass. Bell ; Sol. 
Clark, Bishopsgate Churchyard.— Petition filed Feb. 14. 

ARTHUR HlLliS, Woodside, near Croydon, Surrey, and 
Isle of Dogs, Poplar, Middlesex, oil of yitriol manufac- 
turer, dealer and chapman, March 8 and April 20 at 12^ 
Court of Bankruptcy, London : Off. Ass. Graham ; Sols. 
Freeman & Bothamley, 36, Coleman- street, London. — Peti- 
tion filed Feb. 24. 

JOHN SIMMONDS, BUndford Forum, Dorsetshire, bnUder, 
March 10 at 1, and April 16 at 12, Court of Bankruptcy, 
London : Off. Ass. Stansfeld ; Sols. Chitty, Shaftesbury ; 
Venning & Co., Tokeuhouse-yard, London. — Petition filed 
Feb. 12. 

GEORGE SENIOR, Fordingbridge, Southampton, apothe- 
cary, dealer and chapman, March 8 and Apnl 20 at half- 
past 12, Court of Bankruptcy, London : Off. Ass. Graham ; 
Sols. Hoddings & Co., Salisbury ; TUson & Co., Coleman- 
street, London. — Petition filed Feb. 14. 

JOHN WILKINS, Brighton, Sussex, builder, dealer and 
chapman, March 6 at half- past 1, and April 10 at half- past 
12, Court of Bankruptcy, London : Off. Ass. Nicholson ; 
Sols. Kennett, Brighton ; Sowton, Great James-street. — Pe- 
tition filed Feb. 3. 

SARAH WILSON, Nottingham, hotel keeper, March 5 and 
April 2 at half.past 10, District Court of Bankruptcy, Not- 
tingham : Off. Ass. Bittleston ; Sol. Parsons, Nottingham* 
—Petition dated Feb. 18. 

WILLIAM BAYNES, Leeds, Yorkshire, flax spinner, dealer 
and chapman, March 12 and April 23 at 11, District Court 
of Bankruptcy, Leeds : Off. Ass. Young ; Sols. Holden & 
Son, Hull ; Atkinson & Co., Leeds. — Petition dated Feb. 20 ; 
filed Feb. 21. 

GEORGE GILLOTT, Castleford, Yorkshire, grocer, dealer 
and chapman, March 15 and April 5 at 12, District Court 
of Bankruptcy, Leeds : Off. Ass. Hope ; Sols. Bond & 
Barwick, Leeds.— Petition dated Feb. 24. 

JAMES OGLE HOLMES, Sanderland, and YOUNG 
LOWSON MARSHALL, Roker, Durham, timber mer- 
chants, (carrying on business at Sunderland under the 
style or firm of Holmes & Marshall), March 12 at 12, and 
April 6 at 1, District Court of Bankruptcy, Newcastle* 
upon-Tyne : Off. Ass. Baker ; Sols. Young, Sunderland ; 
Maples & Co., 6, Frederick's-placci Old Jewry, London.^- 
Petition filed Feb. 17. 

Mbbtinos. 

Wm. Williams and Robt. Mudge Marehantt Great George- 
street, Westminster, Middlesex, and Lirerpool, and Caropdeny 
Gloucestershire, contractors for public works and builderg| 
March 10 at 10, Court of Bankruptcy, London, pr. d. — CAof. 
LucM, R. Wilkiiuont and E. Bondf Manchester, and Hayfield, 
Derbyshire, calico printers, March 11 at 12, District Court of 
Bankruptcy, Manchester, last ex.—/. Hodgkiruon, Bolton-le- 
Moors, Lancashire, ironfounder, March 8 at 12, District Court 
of Bankruptcy, Manchester, last ex. — Roberi ThormaHf New- 



72 



THE JURIST. 



castle-upon-Tyne, engine bailder, March 17 at 12, District 
Court of Bankruptcy, Ncwca»tle-upon.Tyne, last ex. — 
William Miller, Hawley-place, Kentish-town, Middlesex, 
baker, March 10 at 1, Court of Bankruptcy, London, aud. ac. 
'-^ohnRulty, Gerrard-strcet, Soho, Middlesex, draper, March 
10 at half-past 12, Court of Bankruptcy, London, aud. ac. — 
Robert Trower, College- street, Chelsea, Middlesex, builder, 
March 12 at 12, Court of Bankruptcy, London, and. ac— 
Benjamin Wyon, Regeot-street, Middlesex, engraver, March 
16 at 12, Court of Bankruptcy, London, aud. ac; March 23 
at 11, div.— •/oAit Eniwitle, Radcliffe and Manchester, cotton 
manufacturer, March 11 at 12, District Court of bankruptcy, 
Manchester, aud. 9iC.^ Andrew Paton Halliday and Eliza 
Paton, Combrook, Hulme, Manchester, manufacturing che- 
mists, March 12 at 12, District Court of Bankruptcy, 
Manchester, aud. ac. — Clement Nuttall, Bacup, Lancashire, 
innkeeper, March 9 at 12, District Court of Bankruptcy, 
Manchester, aud. ac — Daniel Hemus Waldron, Birmingham, 
grocer, March 13 at half-past 11, District Court of Bank- 
ruptcy, Birmingham, aud. ac; April 3 at half- past 10, div.— 
Samuel Pearte, Topsham, Devonshire, coal merchant, March 
16 at 11, District Court of Bankruptcy, Exeter, aud. ac ; 
March 24 at 11, div. — Frederick Edward Preedy, Sherborne, 
Dorsetshire, wine merchant, March 16 at 11, District Court of 
Bankruptcy, Exeter, aud. ac. ; March 24 at 11, div. — Joteph 
Palmer Go<(|fVfy,Cullompton, Devonshire, paper maker, March 
16 at 11, District Court of Bankruptcy, Exeter, aud. ac; 
March 24 at 11, div.— Jb^n Bradtkaw Taylor, Liverpool, 
commission agent, March 12 at 11, District Court of Bank- 
ruptcy, Liverpool, aud. ac.—John Andrew Edwards, Toxteth- 
park, near Liverpool, lodging-house keeper, March 11 at 11, 
District Court of Bankruptcy, Liverpool, aud. ac— Robert 
Button Reeves, Liverpool, spirit dealer, and Richard Herd- 
man Dawson, Oxton, Cheshire, out of business, March 10 at 
11, District Court of Bankruptcy, Liverpool, aud. ac — Chas. 
Lowe Meates, Conduit-street, Middlesex, grocer, March 19 at 
half- past I, Court of Bankruptcy, London, div. — Charles 
Christopher Cussaci Geary, Colchester, Essex, cheesemonger, 
March 19 at 2, Court of Bankruptcy, London, div. — Benjamin 
^mt'M, Thread needle- street, London, and Bow-common, Mid- 
dlesex, copper smelter, March 20 at 11, Court of Bankruptcy, 
London, div. — Andrew Clark, Bear-gardens, Southwark, 
Surrey, plumber, March 22 at 11, Court of Bankruptcy, 
London, div. — Thomas Cox, Cambridge, chemist, March 22 
at 11, Court of Bankruptcy, London, div. — Morgan Powell 
Edwards, Tredegar, Monmouthshire, linendraper, March 23 
at 11, Court of Bankruptcy, London, div. — William Mash- 
man, Charlotte-street, Portland -place, Middlesex, carpenter, 
March 22 at II, Court of Bankruptcy, London, div. — John 
Beales, Halesworth, Suffolk, apothecary, March 22 at half- 
past 11, Court of Bankruptcy, London, div.— Edward Thomas 
Leeming, Manchester, hosier, March 22 at 12, District Court 
of Bankruptcy, Manchester, di v.— ^ai7i/e/if»//ton, Liverpool, 
merchant, March 19 at 11, District Court of Bankruptcy, 
Liverpool, div. — Edward Wickham Dickenson, Liverpool, 
merchant, March 19 at 11, District Court of Bankruptcy, 
Liverpool, div. — William Baird, Liverpool, paperhanger, 
March 22 at 11, District Court of Bankruptcy, Liverpool, div. 

Cbrtificatks. 
To be allowed, unless Cause be shewn to the contrary on or 
h^ore the Day of Meeting, 
/. Fairbrother, Brighton, Sussex, cowkeeper, March 23 at 
11, Court of Bankruptcy, London.— £dtr. Wickins, Faver- 
sham, Kent, linendraper, March 22 at 1, Court of Bankruptcy, 
London. — Thomas Compere, Aylesford, Kent, and Cleveland. 
St., Mile-end, Middlesex, paper maker, March 22 at 12, Court 
of Bankruptcy, London.— /o*n Slater Marshall, Goswell- 
road, Clerkenwell, Middlesex, boot dealer, March 20 at 11, 
Court of Bankruptcy, Ixmdon.'^Edward Martyn and Henry 
Martyn, Aldgate High-st., London, woollendrapers, March 20 
at 12, Court of Bankruptcy, hondon,— Richard Caldicott, 
Cardiff, Glamorganshire, grocer, March 23 at 11, District 
Court of Bankruptcy, Bristol. — John Fleetwood, Liverpool, 
grocer, March 19 at 12, District Court of Bankruptcy, Liver- 
pool.— Cprne/ttM Bainbridge, Birkenhead, Cheshire, iron- 
monger, March 19 at 11, District Court of Bankruptcy, Liver- 
eK)l.---JoAfi Varley, Manchester, chemist, March 22 at 12, 
istrict Court of Bankruptcy, Manchester. — Joseph Day and 
Thowtas Day, Macclesfield, Cheshire, silk manufacturers, 
March 19 at 12, District Court of Bankruptcy, MancheBter.— 

4 



i Frederick Edward Preedy, Sherborne, Dorsetshire, wine 
I merchant, March 13 at 11, District Court of Bankruptcy, 
Exeter. —yaoiM Potter, Birmingham, mill manufacturer, 
! March 23 at half-past 10, District Court of Bankruptcy, Not- 
I tingham. — Thomas Robinson, Kinsston-upon-Holl, broker, 
j April 7 at 12, District Court of Bankruptcy, Kingston-upoa- 
' Hull. 

To be granted, unless an Ajtpeal be duly entered. 
Frederick Pegler, Hampton, Middlesex, grocer.— Janet 
Bennett, Fox -place, Sandy-hill-road, Woolwich, Plumstesd, 
Kent, carpenter. — Moses Orme and William Henry Lymau, 
Liverpool, ale merchants. — Thomas Tucker and J. TVieiter, 
Liverpool, ship builders. — Hugh Dixon ukd. Launeelot Dium, 
Liverpool, merchants. — Wm, Neil Monies, Liverpool, wise 
merchant.— /smff Richardson the younger, Glasgow, La- 
narkshire, Scotland, agent, and Liverpool, Lancashire, wise 
merchant. — Thomas Penrose Dixon, Falmouth, Corawall, 
printer.— John Lewis, Bristol, wine merchant.— iZoi/. Htsik, 
Manchester, Lancashire, and John Heath Barber, Boralem, 
Staffordshire, ironmasters. 

Scotch Sbqukstr\tion8. 
I Johnstone, Scott, 8f Co., Greenock, commission agrnti.— 
, John Cameron, Edinburgh, wholesale and retail stationer.— 
; James Walker, Helensburgh, Dumbartonshire, ilesher.— 7. 
I Tennant, Dalkeith, engineer.— /omes Watson Sf Son, Dundee, 
com merchants. — John Jessiman, Berkenhills, Towie, Tarriff, 
, Aberdeen, cattle desXtr.— Andrew Thomson, Tillicoultry, 
I builder.— /ose^A Beck, jun., Dumfries, coachbuilder. 

INSOLVENT DEBTORS 
Who have filed their Petitions in the Court of Bankn^ttff, 

and have obtained an Interim Order for Protection frm 

Process. 

John Evans, Liverpool, straw-hat maker, March 3 at 10, 
County Court of Lancashire, at Liverpool. — Anne Smilk, 
Birmingham, stay maker, March 6 at 10, County Court of 
Warwickshire, at Birmingham. — Charles Wm. Green, Bir- 
mingham, bridle bit mannfecturer, March 6 at 10, County 
Court of Warwickshire, at Birmingham. — Wm. Pratt, Bir- 
mingham, coal dealer, March 6 at 10, County Court of War- 
wickshire, at Birmingham.— CAar/ef Hewitt, Ipswich, Suf- 
folk, baker, March 12 at 10, County Court of Suffolk, at 
Ipswich.— /o/i» Williams, Blackboy, St. John the Evangdist, 
Brecknockshire, mason, March 5 at 10, County Court of 
Brecknockshire, at Brecon. — Harvey Herbert, Whitchurch, 
Southampton, plumber, March 20 at 11, County Court of 
Ilnrapshire, at Andover.— i2o6frf Rookes, Exeter, out of 
business, March 6 at 10, County Court of Devonshire, at 
Exeter. — John Taylor, Whitchurch, Hampshire, blacksmitb, 
March 20 at 11, County Court of Hamp^ire, at Andover. 
— Wm. Woodthorpe Browne, Jarrow, near South Shielda, 
Durham, surgeon, March 22 at 10, County Court of Dur- 
ham, at South Shields.— iZoderl Tumbull, BlackhiU, near 
Shotley Bridge, Durham, blacksmith, March 26 at 10, County 
Court of Durham, at Shotley Bridge. — John Gaiard, Bristol, 
auctioneer, March 3 at 11, County Court of Gloucestershire, 
at Bristol.— TAotf. Head, Bristol, licensed victualler, March 3 
at 11, County Court of Gloucestershire, at Bristol.— Jo^ 
Powell, Llwynllwyd, lianigon, Brecknockshire, farm labourer, 
March 4 at 10, County Court of Brecknockshire, at Hay.— 
Thomas Thomas, Caedraw, Merthyr Tydfil, Glamorganshire, 
potato merchant, March 8 at 10, County Court of Glamor- 
ganshire, at Merthyr Tydfil.— FFt7/iam Richardson, Ledbury, 
Herefordshire, jobbing smith, March 27 at 9, County Court 
of Herefordshire, at Ledbury. — Joseph Sturley, Kenilwortfa, 
Warwickshire, bricklayer, March 15 at 2, County Court of 
Warwickshire, at Warwick. — Henry Ballinger, Warwick, 
licensed victualler, March 15 at 2, County Court of Warwick- 
shire, at Warwick.— VFi//iam Harris, Warwick, last maker, 
March 15 at 2, County Court of Warwickshire, at Warwick. 
— Charles Read, Leamington Priors, Warwickshire, coach- 
body maker, March 15 at 2, County Court of Warwickshire, 
at Warwick. — Thomas Banks, Kingswinford, Staffordshire, 
butty collier, March 22 at 10, County Court of Worcester- 
shire, at Stourbridge. — Thos. Lewis, Halesowen Forge, Wor- 
cestershire, general use iron manofecturer, Mareh 22 at 10, 
County Court of Worcestershire, at Stourbridge.— Zpcil«naA 
Ottywill, Ipswich, Suffolk, coach builder, March 12 st 10, 
County Court of Suffolk, at Ipswich.— J^ifw. Amond John- 
son, Ipswich, Suffolk, keeper of the oounty gaol at Ipiwlcfar 



THE JURIST. 



73 



March 12 at 10, Conaty Court of Norfolk, at Ipawich.— 
CAarleg BaJter, Ipswich, Suffolk, batcher, March 12 at 10, 
Coontj Court of Saffolk, at Ipswich.— Jo«. Eatiwwid, He- 
mio^borongh, Yorkshire, innkeeper, March 19 at 10, County 
Court of Yorkshire, at Howden. — IVm, De Caujf, Norwich, 
licensed ▼ictnaller, March 12 at 10, County Court of Norfolk, 
at Norwich. — Jonathan Stockings, Norwich, baker, March 13 
at 10, County Court of Norfolk, at Norwich. — Owen Roberts, 
Featioiog, Monmouthshire, surgeon, March 26 at 11, CBunty 
Court of CamarTooshire, at Portmadoc. — Linn Dillon, Run- 
corn, Cheshire, joiner, March 9 at 10, County Court of Che- 
shire, at Runcorn.— CAar/e« Purkit, Woolston, Hampshire, 
yeoman, March 11 at 10, County Court of Hampshire, at 
Southampton. 

The/oliowinff Persons, who, on their several Petitions Jlled in 
ike Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein* 
a/ier mentioned, at the Court-house, in Portugal-street, 
JJneoln's Inn, as follows, to be examined and dealt with 
according to the Statute : — 

March 12 a/ 11, btfore the Chtkf CoMiiiaaiONEB. 
Hemrg Flood, John-st., Fit2roy-sq., Middlesex, tailor. 

March 12 a/ 10, brfore Mr. Commissioner Law. 
Henry Byne, Upper Whitecross-st., St. Luke's, Middlesex, 
tin worker. 

March 13 a/ 11, be/ore Mr, Commissioner Phillips. 
John W. Herbert, Prospect-place, Queen's-road, Dalston, 
Middlesex, out of business. 

March 15 a/ 10, before Mr. Commissioner Law. 
George Bilby, Golden-lane, St. Luke's, Middlesex, paro- 
chial sdioolmaster. 

March lb at II, before Mr. Commissioner PniLLipa. 
Philip Brake, BelUst., Edge ware, road, Middlesex, cheese- 
monger. — Edward William Jiurtt, High Holbom, Middlesex, 
servant. 

77ke following Prisoners are ordered to be brought up before 
the Court, in Portugal-street, to be examined and dealt 
with according to the Statute: — 

March 12 at 11, before the Chief Commissionsr. 
Wm. G. Brown, White Horse-lane, Stepney, Middlesex, 
tailor. — George Hester, Spring. gsrdens, £iizabeth-st., Pirn- 
lico, Middlesex, out of business. — Robert Woodcock ttie elder, 
High-st., Kensington, Middlesex, tailor. 

March 12 at 10, brfore Mr. Commissioner Law. 
Horatio W. Hall, Castle-street, Leicester-sq., Middlesex, 
oat of business. — Wm, Davis, Whalebone-court, Little Bell- 
alley, Moorgate-street, London, chimney sweeper. — Q. Brown, 
Jermyn-sL, St. James's, Middlesex, tailor. 

March 15 a/ 10, b^ore Mr. Commissioner Law. 
Thomas Pearson, Minories, Middlesex, out of business. — 
M. G. Smith, Great James-st., Middlesex, solicitor. 

The folio/wing Prisoners are ordered to be brought up brfore 
a Judge of the County Court, to be examined and dealt 
with according to the Statute : — 

At the County Court of Durham, at Durham, March 12. 
W. Wheeler, Seaham Harbour, hsker,— Robert Gowland, 
New Cassop, publican. 

At the County Court of Norfolk, at the Shirehall, 

Norwich Castle, March 12. 
Chiles Boutell the younger, Litcham, clerk. 

Ai the County Court of Lancashire, at Lancastbr, 
March 12 at n. 

John Williams, Swinton, near Manchester, tailor .<-n/oAi» 
Grundy, Salford, butter dealer. — William Clayton, Scholes, 
Wigan, joiner. — John Hebson, LiTerpool, butcher. — Michael 
MNoUy, Chorlton-upon-Medlock, Manchester, egg dealer.— 
William H. Bennett, Blackburn, linendraper.— ^. Josephson, 
LiTerpool, shopman to a cabinet maker. — Thos. J. Whidbome, 
Tranmere, Liverpool, out of business. — Samuel limperley, 
Ashton-ndder-Lyne, out of business.— /oAi» Butcher, Man- 
diester, pork butcher.— ITm. Schojletd, Liverpool, grocer. — 
Zhomtu C. Hife, Culcheth, near Leigh, rope mannibotarar.— 



Christopher Bullen, Preston, out of business. — Wm. Holden, 
Blackburn, grocer. — John Collins, Chorlton-upon-Medlockf 
Manchester, traveller in hardware. 

At the County Court of Norfolk, at the Guildhall, Norwich, 
March 13. 
John Allen, Norwich, wood turner. 

At the County Court of Warwickshire, at Warwick, 

March 15 at 10. 
Samuel Potter, Warwick, labourer. 
At the County Court of Kent, at Dover, March 17 at 10. 
George Lover, Lymlnge, near Elham, attomey-at-law. 

At the County Court of Worcestershire, at Worcester, 
March 17 at 10. 
John Parker, Worcester, out of business. 

At the County Court qf Gloucestershire, at Bristol, 

Mwchn atW. 
Robert Hunter, Bristol, in no business. 

iNaOLVENT DeRTOR'S DIVIDEND. 

Thomas Holmes, Kirkdale, near Liverpool, joiner, March 8, 
Dodge's, Liverpool : 12«. lO^if. in the pound. 

Mebtimo. 
William Brook, Battle, Sussex, plumber, March 15 at 4 » 
George Inn, Battle, sp. aff. 



TUESDAY, March 2. 
BANKRUPTS. 

ALEXANDER BRISTOW FRASER and CHARLES 
LIGHTFOOT, Lime-street, London, merchants, March 12 
at 1, and April 16 at 12, Court of Bankruptcy, London: 
Off. Ass. Stansfeld ; Sols. Sale & Co., Manchester ; Reed & 
Co., 59, Fk>iday.street, Cheapside, London. — Petition filed 
March]. 

GEORGE BENNETT and ALEXANDER BOOTH, Long, 
acre, Middlesex, dealers in Scotch whisky and bottled 
beers, March 11 at 12, and April 5 at 11, Court of Bank- 
ruptcy, London : Off. Ass. Johnston ; Sol. Langton, 10, 
Staple-inn, Holborn. — Petition filed March 1 . 

SAMUEL WATKINSON, Writtle, Essex, innkeeper, March 
11 at 11, and April 5 at 12, Court of Bankruptcy, London : 
Off. Ass. Bell ; Sols. Gepp & Veley, Chelmsford ; Hawkins 
& Co., New Bos well-oourt.— Petition filed Feb. 27. 

JOHN STAFFORD, West Smithfield, London, tailor and 
draper, dealer and chapman, March 16 at 1, and April 20 
at 12, Court of Bankruptcy, London : Off. Ass. Edwards ; 
Sols. J. & J. H. Linklater, 17, Sise-lane, Bocklersbury.— 
Petition filed Feb. 28. 

FRANCES PETTIT and THOMAS ARGENT, Newmarket, 
St. Mary, Suffolk, saddlers and harness makers, dealers and 
chapman, March 16 at 2, and April 20 at 11, Court of 
Bankruptcy, London: Off. Ass. Edwards; Sols. Phillips, 
Newmarket, Suffolk ; Abbott & Co., 8, New-inn, Strand, 
London.— Petition filed Feb. 27. 

THOMAS BROOKES, Banbury, Oxfordshire, printer and 
stationer, dealer and chapman, March 16 at half-past 2, and 
April 20 at 11, Court of Bankruptcy, London: Off. Ass. 
Groom ; Sols. Smallbridge, Gloucester ; Rogerson & Ford, 
50, Lincoln's-inn-fields, London. — Petition filed Feb. 19. 

ALFRED ELBOROUGH, Crescent-road, MiUbank, West- 
minster, coal merchant, dealer and chapman, March 11 at 
1, and April 20 at 12, Court of Bankruptcy, London : 
Off. Ass. Groom ; Sol. Dale, 9, Wamford-court, Throg- 
morton- street. — Petition filed March 1. 

JOHN ROGERS, Leicester, grocer, provision dealer, dealer 
and chapman, March 19 and April 16 at half-past 10, 
District Court of Bankruptcy, Nottingham : Off. Ass. Bit- 
tleston ; Sols. R. & G. Toller, Leicester ; James, Birming- 
ham .-^Petition dated Feb. 26. 

WILLIAM BROMBY, Kingston-upon-Hull, maltoter and 
brewer, dealer and chapman, March 17 and April 14 at 12, 
District Court of Bankruptcy, Hull: Off. Ass. Carrick; 
Sol. Smith, Sheffield.— Petition dated Feb. 14. 

JOHN YATES, Presoot, Lancashire, builder, March 16 and 
April 6 at 11, District Court of Bankruptcy, Liverpool: 
Off. Asa. Cazenove; Soli« Fisher & Stone, Liverpool— 
Petition filed Feb. 28. 



74 



THE JURIST. 



WILLIAM THOMAS and ORIFPITH THOMAS, Aber- 
dare and Aberaman, GUmorganafaire, grocera, drapera, 
dealera and diapmen, Mardi 16 and April 20 at 11, District 
Coort of Bankraptcy, Bristol: Off. Asi. Acramanj Sols. 
Brittan & Sons, Bristol; Sole & Co., London. — Petition 
filed Feb. 16. 
JOHN FREDERICK REEVES, Taunton, Somersetshire, 
seriyener, carrier, dealer and chapman, March 10 and April 
14 at 11, District Court of Bankruptcy, Exeter : Off. Ass. 
Hirtzel; Sols. Walter, Taunton; Stogdon, Exeter.^ Peti- 
tion filed Feb. 13. 
JOHN DAVIES, Abergele, Denbighshire, grocer, March 12 
and April 8 at 12, District Court of Bankruptcy, liferpool: 
Off. Ass. Turner; Sols. Evans & Son, Liverpool. — Petition 
filed Feb. 26. 
JOHN ELLISON, Liverpool, ironmonger, March 16 and 
April 6 at 11, District Court of Bankruptcy, Liverpool: 
Off. Ass. Morgan ; Sol. Toulmb, Liverpool. — Petition filed 
Feb. 28. 
WILLIAM PEVERLEY and JOHN AYREY CHARL- 
TON, Sunderland-near.the-Sea, Durham, shipbuilders, 
March 17 at 1, and April 6 at 12, District Court of Bank- 
ruptcy, Newcastle-upon-Tyne : Off. Aas. Baker ; Sols. A. 
J. & W. Moore, and Ranson & Son, Sunderland.— Petition 
filed Feb. 24. 
GEORGE TURNBULL, Coxhoe, Durham, draper and 
grocer, dealer and chapman, March 17 at half-past 11, and 
April 8 at 1, District Court of Bankruptcy, Newcastle- 
upon-Tyne: Off. Ass. Wakley; SoL Harle, Newcastle- 
upon-Tyne, and 20, Soutiiampton.buildings, Chancery-lane. 
—Petition filed Feb. 20. 

Mbbtimos. 
Robert Seweil, Swaffliam, Norfolk, scrivener, March 12 at 
12, Court of Bankruptcy, London, ch. ass.— fVm. M, Neiii, 
Liverpool, merchant, March 13 at 2, Court of Bankruptcy, 
London, last ex,— Spencer Athlin, Eastcheap, London, com 
fiu;tor, March 13 at 12, Court of Bankruptcy, London, last 
ex.— Ro6fr# W. Ogihie, Newcastle-upon-Tyne, shipbroker, 
March 11 at 11, Distriot Court of Bankruptcy, Newcastle- 
upon-Tyne, last ex.-^Bdward Sille Clarke, St. Mary Cray, 
ICent, baker, March 17 at 12, Court of Bankruptcy, London, 
and. ac.; March 23 at 12, div. — William Jonee, New-road, 
Whitechapel, Middlesex, and East Ham, Eesex, cowkeeper, 
March 12 at 1, Court of Bankruptcy, London, and. ac— JD. 
Bomut, Mark-lane, London, and Golden-square, St. Jam^, 
Westminster, Middlesex, wine merchant, March 12 at half- 

rt 11, Court of Bankruptcy, London, and. ec—CkearUa 
C. Oeary, Colchester, Essex, cheesemonger, March 12 at 
1, Court of Bankruptcy, London, aud. ac. — C. L. Mealee, 
Conduit-st., Hanover-sq., Middlesex, grocer, March 12 at 1, 
Court of Bankruptcy, London, aud. ao. — Abraham Hooleyt 
Macclesfield, Cheshire, silk manufacturer, March 12 at 12, 
District Court of Bankruptcy, Manchester, aud.ac. — Jamee 
Burt and James Burt the younger, Manchester, and Wm. T, 
Wateon, Leeds, Yorkshire, commission agents, March 15 at 
12, District Court of Bankruptcy, Manchester, aud. ac. sep. 
est. of Wm, T. Watson, March 24 at 12, div.—/. Warburton, 
Liverpool, tailor, March 15 at 11, District Court of B«nk- 
raptcy, Liverpool, aud. ac.— /oAii Eeid, Huddersfield, York- 
■hUe, merchant, March 22 at 11, District Court of Bank- 
nq»tey, Leeds, aud. ac.; March 23 at 11, div. — J, Colqukoun, 
Parson's Hill, Woolwich, Kent, money scrivener, March 6 
(and not Feb. 28, as before advertised) at 1 1, Court of Bank- 
raptoy, London, div. — Nathaniel B, French, Augustine B. 
French, and John Barton, Old South Sea House, Broad-st., 
London, merchants, Biarch 23 at half-past 12, Court of Bank, 
mptcy, London, div. sep. est. of N, B, French. — Alexander 
Beattie and Frauds Macnaghten, Nicholas-lane, Lombard-st., 
London, merchants, March 26 at 11, Court of Bankruptcy, 
London, div. joint est., and div. sep. est. of Alexander Beattie, 
'^W. Haywood, Birmingham, grocer, March 13 at half-past 10, 
District Court of Bankruptcy, Birmingham, aud. ac; March 
23 at half-past 10, div.— IfoMpA Adams, Ualghton, Hanmer, 
ilintshire, cheese factor, March 24 at 11, District Court of 
Bankruptcy, Liverpool, div. 

CmnFiOATB*. 

2\» be allowed, mnless Cause be shewn to the contrary an or 

brfore the Day of Meeting, 

James Nicholson, Woolwidi, Kent, grocer, March 24 at 1, 

Court of Bankruptcy, London. — David Lloyd WUHams, 



Cwmnantytarw Colliery, Thomhili-Llandilo, Carmarthenshire, 
and Albert-st., Camden-town, Middlesex, coal owner, Mardi 
24 at half-nast 1, Court of Bankruptcy, London. — Henry C, 
Qausden, Hove, Sussex, licensed victualler, Mardi 24 at 12, 
Court of Bankruptcy, London.— TFt/fiom Jfoss tiie younger, 
Stock, Essex, miller, March 25 at 11, Court of Bankruptcy, 
London.— O^r^e Martin, Bishop's Stortford, Hertfordshire, 
sack manufacturer, March 26 at 12, Court of Bankruptcy, 
hondSn.^Francis F, Woods, Pfelham-tenrace, Brompton, and 
Little Portland- St., Oxford-st., Middlesex, builder, Mardi 26 
at half- past 11, Court of Bankmptcy, London. — 8, Clabben, 
Stapleford, Cambridgeshire, newspaper proprietor, March 25 
at 12, Court of Bankruptcy, London.— JoAii R, Irving and 
Wm, Irving, Liverpool, shipwrights, March 25 at 11, District 
Court of Bankruptcy, Liverpool.— /ot^A /. Smith, Lirer- 
pool, earthenware manufacturer, March 25 at 11, District 
Court of Bankmptcy, Liverpool. — Hugh Brown, Liverpool, 
ship chandler, March 25 at 11, District Coort of Bankruptcy, 
LiverpooL — Joseph Longbottom and Thomas Fieweett, L«eds, 
Yorkshire, doth merchants, March 25 at 11, District Court 
of Bankruptcy, Leeds. — Samuel Crosland, EUand, Yorkshire, 
com miller, March 25 at 11, District Court of Bankraptcy, 
Leeds. 

To be granted, unless an Appeal be duly aniered. 

Marshall Beswick, Norwich, wine merchant— IF. Stanton, 
Buckingham, watchmaker. — James T, Coulthread the yousger 
and Wm, Dyer, Unlon-st., Sonthwark, white lead makers.— 
Wm, Boyee the elder, Dover, Kent, hotel keeper. — Donald 
Macleod, Ealing, Middlesex, dealer and chapman. — Sawmel 
Vines, Crutched- friars, London, com factor. — Rich, Sttmford 
and Benjamin Lewis, Wednesbury, Staffordshire, engineers. 

PXTXTIONS ANNDLLSD. 

James T, Jones, Rathbone-plaoe, Middlesex, Manchester 
warehouseman. — Samuel Clegg, West Derby, lAncashiie, 
engineer. 

PABTNinSHIPS DiBSOLTSD. 

John Clare and Charles Hesketh Hill, Liverpool, attomies- 
at-law and solicitors. — Thos. Dean, Edward Frederick Leeis, 
and Henry Syme Redpath, St. Swithin's-lane, London, soli- 
citors and attomies. 

Scotch Skqusstkations. 

Andrew M*Cormick, Stranraer, builder. — James Wilson, 
Irvine, innkeeper.— David M*Kay, Glasgow, baker. 

INSOLVENT DEBTORS 

Who haveflled their Petitions in the Court qf Bankruptcy, 
and have obtained an Interim Order for Protection from 
Process. 

Humphrey Ginns, Pipwell, Northamptonshire, £urmer, 
March 19 at 10, County Court of Northamptonshire, at Ket- 
tering.— FTm. Loweth, Bythom and Keyston, HuntingdoB- 
shire, miller, March 18 at 3, County Court of Northampton- 
shire, at Thrapston.— ^onctf Biekley the younger, Carlisle, 
Cumberland, surgeon, March 22 at 10, County Court of 
Cumberland, at Carlisle.— iZofter/jRoftfon, Stanaby, St. Cnth- 
bert, Cumberland, skinner, March 22 at 10, County Court of 
Cumberland, at Carlisle. — James Begent, Hvtlie, Kent, shoe- 
maker, March 15 at 11, County Court of Kent, at Hythe.— 
Henry Riva, Holyhead, Anglesea, victualler, March 31 at 10, 
County Coort of Anglesea, at Uangefhi. — Charles Benxeyt 
Portsea, Southampton, retailer of beer, March 17 at 10, 
County Court of Hampshire, at Portsmouth. 

The following Persons, who, on their several Petitions Jlled 
in the Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as hereby 
efter mentioned, at the Court-house, in Portugal^treet, 
Lincoln's Inn, as follows, to be examined and dealt with 
according to the Statutes^- 

March 17 a^ 11, b^ore the Chibf CoMMiMiONsm. 

Friend Bottle, Webb-st., Sonthwark, Surrey, saddler.—/. 
Oaten, Jubilee-place, Chelsea, Middlesex, turtle dealer. 

March 17 ai 10, brfore Mr. C ommissi on e r Law. 

Clement Sharp the elder, Lordship's-terraoe, Stoke Newiog- 
tott, Middlesex, aeoountant. 



THE JURIST. 



76 



Satwrda^, Feb. 28. 
7%efolhwmff Aniffnees hatfe been appointed. Further par- 

ticMlmre may be learned at the Office, in Portugai'Si*, 

l4neoim*9'inn-/leld9, on ffiving the Number qf the Com. 

JUehd. 8eulthorpe, Northampton, publican, No. 74,4980.; 
Cbaries Walker, assignee. — Charlee Haletead, MansfieM-at., 
KingBland-road, Middlesex, lilk mercer, No. 62,471 T. ; J. 
Creswick, assignee. — FTm. Ann Chenery, St. John's Wood- 
terrace. St. John's Wood, Middlesex, widow. No. 62,724 T. ; 
John Hnghes, aasignee. — Frederick Ward^ Friar-st., Black- 
fiiars-road, Sarrey, commission agent, No. 62,770 T. ; Moss 
Frankford, assignee. 

Saturday, Feb, 28. 

Ordare hmte been made, vetting in the PropUional Ajuignee 

ika Eetmiea and Efecte of the following Pereons:^ 

(On their own PetitioneJ, 

Joaeph Cocking, Tachbrook-st., Pimlico, Middlesex, in no 
business: in the Debtors Prison for London and Middlesex. 
— Philip Dmoiee, Tooley-st., Soathwark, Surrey, grocer : in 
the Debtors Prison for London and Middlesex. — Joeeph 
Oo4free, Charles-place, Hertford-road, Kingsland, Mid(Ue- 
sex, baker ; in the Debtors Prison for London and Middlesex. 
— Otorge Hammon, Skinner-street, Clerkenwell, Middlesex, 
watch case manufacturer : in the Debtors Prison for London 
and Middlesex. — Joeeph William Last, Yictoria-terrace, 
Stoekwell, Surrey, printer : in the Debtors Prison for London 
and Middlesex.— -Hen. lloee, Bridge House-place, Newington- 
canaeway, Sarrey, com merchant : in the Queen's Prison. — 
T, Green, Hatton-garden, Holbom, Middlesex, auctioneer: 
in the Queen's Prison. — Jamee May hew, Cambridge- street, 
Hyde-park, Middlesex, collector: in the Debtors Prison for 
Loudon and Middlesex.— IF. Clark, Eastfield, Peterborough, 
Northamptonshire, farmer : in the Debtors Prison for London 
and Middlesex. — Michael Turner, Great Portland-street, 
Oxford-sL, Middlesex, shoemaker : in the Debtors Prison for 
London and Middlesex. — Robert Dundae Brown, Penton- 
plaoe, Walworth, Surrey, clerk in the Admiralty Office, 
Somerset House: in the Debtors Prison for London and 
Middlesex.— 6#or^s King, Wells-st., Oxford-st., Middlesex, 
waiter : in the Debtors Prison for London and Middlesex. — 
Frederick Derbithire, Sloane-square, St. Luke's, Chelsea, 
Middlesex, out of business : in the Gaol of Surrey .-^TAomos 
Keeley, Onslow- terrace, Lorimer-road, Walworth, Surrey, 
lieenaed victualler : in the Queen's Prison. — Chrieiopher 
BuUen, Preston, Lancashire, plumber : in the Gaol of Lan- 
CMter.— Cler/es Bautell the younger, Litcham, Norfolk, 
clerk : in the Gaol of Norwich. — Wright Buckley, Heaton 
Korris, near Manchester, carter : in the Gaol of Lancaster. — 
Mary Baker, Bath, Somersetshire, butcher : in tlie Gaol of 
Wilton.— 7!lonia# Collier, Preston, Lancashire, retail dealer 
in ale : in the Gaol of Lancaster. — Terence Bvane, Liverpool, 
ship broker: in the Gaol of Lancaster. — Thoe, Cooke Iliffe, 
Cudieth, near Leigh, Lancashire, twine manufacturer : in the 
Gaolof Lancaster.-— JoAnJfa/AtfUT, Margate, Kent, saddler: 
in the Gaol of Dover. — John Oldie, Liverpool, canvas dealer : 
in the Gaol of Lancaster. — Jamee Pimm, Salford, Laneashire, 
l^nAmrm^. gardener : in the Gaol of Lancaster. — Wm. Scho- 
JUldf LiYerpool, grocer : in the Gaol of I^ancaster. — Samuel 
Tbe^eriey, Ashton-under-Lyne, Lancashire, grocer: in the 
Gaol of Lancaster. — John Wallace, Leyland, near Preston, 
Tancaahire, grocer : in the Gaol of Lancaster. — Bobt, Yatee 
the yoonger, Oldham, Lancashire, out of employment : in the 
Gaol of Lancaster. — George Hey, Bradford, Yorkshire, pork 
butcher: in the Gaol of York.--J(eif»«f Hawthorn, Wolver- 
hampton, Staffordshire, carpenter : in the Gaol of Coventry. — 
George Fountain, Leeds, Yorkshire, fruiterer : in the Gaol of 
York.— 2!to«a« Ifecibi^, Dover, Kent, brewer: in the Gaol 
ofDomr, — Jamee Berriman, St. Ive's, Cornwall, master ma- 
riner : in the Gaol of Bodmin.— /oAii Crotsley, Wakefield, 
Yorkafaure, ooach proprietor : in the Graol of York. — Thomas 
FSeidimf, Hebden-bridge, near Halifax, Yorkshire, Hme mer- 
diant: in the Gaol of York.— TAomos Feamley, Bradford, 
Yorlcsfaire, shopkeeper: in the Gaol of York. — R. Hayley, 
Hnddersfield, Yorkshire, currier : in the Gaol of York. — H, 
Hayley, Unddarsfield, Yorkshire, currier : in the Gaol of 
YoA.'—Firederiek King, Brighton, Sussex, perfumer : in the 
Gaol of Lewes. — John Lipeeombe, Brii^hton, Sussex, hair- 
drfiirr : in the Gaol of Ltewes. — H, Shaw, Brighton, Sussex, 
l i oB Bi ed victnaUer : in the Gaol of Lewes.— fTil/MM White, 
AMidejt near Leeds, Yorkshire, innkeeper: in the Gaol of 



York. — George Heyee, BUckbum, Lancashire, doth manu- 
facturer : in the Gaol of Lancaster.— CAos. G. Teather, Blox- 
wich, Walsall, Staffordshire, grocer : in the Gaol of Stafford. 
—Jonathan Mallineon, Marsh, near Hnddersfield, Yorkshire, 
woollen weaver : in the Gaol of York. 

The following Prieonere are ordered to be brought up brfore 
the Court, in Portugal-etreet, to be examined and dealt 
with according to the Statute:— 

March 16 at II, before the Chixf CoMiiisaiONBR. 
Bdwin Wickham, Long-lane, West Smithfield, London, out 
of business. 

March 17 at 10, btfore Mr. Commieeioner Law. 
Wm. Puddicombe, Windsor-plaoe, Southwark -bridge- road, 
Southwark, Surrey, derk to wholesale ironmongers. 

March IS at II, b^ore Mr, Commieeioner Phillips. 
Joeeph Manuel, Farmer-st., Shadwell, Middlesex, mariner. 
— Lion Meti, Mitre-square, Aldgate, London, dealer in dgars. 

The following Prieonere are ordered to be brought up before 
a Judge of the County Court, to be eamnined and dealt 
with according to the Statute .*— 

At the County Court qf Northan^tonehire, at North amp- 
TOM, March 17. 
John N. Rogere, Chelveston-cum-Caldeoott, near Higham 
Ferrers, farmer. — Joseph Lamb, Chelveston-cum-Caldecott, 
near Higham Ferrers, in no business. 

At the County Court qfKent, at Dovxa, March 17 at 10. 
Thomae Mackney, Dover, brewer.— /oAii Mathew, Mar- 
gate, saddler. 

At the County Court qf Somereetshire, at Taunton, 
March 17. 
Mary Baker, Bath, butcher.— T^ohms Underwood, Bristol, 
warehouseman. 

At the County Court qf Warwickehire, at CovENrmy, 
March 18 at 10. 
Bdmm nd Cross, Rolleston, near Borton-upon-Trent, la- 
bourer.— Clw/cf Jamee, Ipsley, retail brewer.— /a«. Perrins, 
Birmingham, bmah manufacturer.- Thomas ^o/»/ir, Birming- 
ham, out of business.— /ame« Hawthorn, Wolverhampton, 
Staffordshire, carpenter. 

At the County Court qf WUtskire, at Salisbort, Marchl^ 

at 10. 

Henry Stepheneon, Warmmster, musical instrument tuner. 

At the County Court qf Cumberland, ai Carlislb, March 22 
ailO. 
Joeeph Atkinson, Rockliffe, out of busmess. 



The Lord Chancellor has made the following appoint- 
ments : to the office of— 

Principal Secretary, Mr. N. Simons. 

Secretary of Commissions^ Mr. N. J. Senior, 

Secretaty of Presentations^ Mr. John Stuart, inn. 

Private Secretary and Qentleman of the Chamber. Mr« 
F. S. ReiUy. 

The Right Hon. Sir John Jervis, Knt., Lord Chief 
Justice of her Majesty's Court of Common Pleas» has 
appointed Martin Kemp Welch, of the town of Poole, 
eentleman, to be one of the Perpetual Commissionen 
for taking the acknowledgments of deeds to be exe- 
cuted by married women, in and for the town and 
county of the town of Poole ; also in and for the counties 
of Dorset and Hants. 



Recently publiihed, rol. 8, royal 8ro., price tL U. cloth boards, 
pHirrY'S COLLECTION of STATUTES, with Notes 
^^ thereon, intended at a Court and ClrenitCompanioo. The Second 
Editiou, containing all the Sutntct of practieal nnlity in the Civil and 
Criminal Admlniftration of Justice to the present time. By W. N. 
WEL8BY and EDWARD BEAVAN, Esqn., Barritteit at La^ ~ 



be completed in three very thick volumes. 



To 



*«* This volume contains the title "Criminal Law,** widi sepazate 
: and contents, to enable the Subaeribers Co bind it Inr itseUL 
weet, 1, Chanoeiy-laae, and Y. ft B. Stevens ft G. 8. Nortoo, 
Bell-yard, liacolB'a-liia, Law BookatUtn and Pabliahan. 



76 



THE JURIST. 



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WROTTESLEY, The Hon. WALTER, Lincoln's Inn. 

Physiciam.—H. pitman, M. D., Montague-place. 

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London. 



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A COMPENDIUM of the LAW and PRACTICE of 
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March 6. 1852, 




181 
183 



No, 792— Vol, XVI, MARCH 13, 1 852, Price is., with Supplement, 2s. 

KAMES OF THE CASES REPORTED IN THIS NUMBER. 

Vicb-Chancsllor Kindebslet*8 Court. 
Sejmonr 9. Vernon. — {Fire Inmranee — Tenant in Tail) 189 

Vice-Chancellor Parker's Court. 
Hyde r. Corporation of Manchester.— {/lytmcWon— 8 
8f 9 Viet. e. 18, «. I'U—Mietake—Asreement) .. 189 
Court of Queeii's Bexch. 
Reg. V. Pearoy.— (Fbrm of Boitardy Order, 8^9 
Viet. c. lO—Corroboratinff Evideneet 7^8 Viet. 

c. 10l,».3) 19S 

Reg. V. Hammond.— (5 8f 6 Will. 4, e. 76, «. 32— 

** Place qf Abode" in Voting Paper) 194 

Hawcroft v. Great Northern Railway Company, (Ap- 
peal from County Cowrt).— {Railway Company — 

Bxeureion Tiekete^ Special Contract) 196 

Court of Common Pleas. 

Heald 9. Carey.— (TVover— Graotfmon) 197 

Court of Exchequer. 
Dickinson and Another v. Grand Junction Canal Com- 
pany. — {Bighi to Water — Underground Water — 
Agreement — Statute — Damage) 200 



Court of Ckancbbt. 

Watkins v. ^nUiams— Haverd v. Daris.- (CoiufiZ/ofi 
prteedent or eubeequent) 

Bx parte Cropper, in re The St. George's Steam-packet 
Company. — {Commitfeefor winding up a Partner^ 
ak^ — drtainj^pentet not allowed) 

Cou:i^t OF Appeal in Ck^ncert. 
In re The London and Birmingham Extension and the 
Noftiuunpton, Daventry, Leamington, and War- 
wick RailwayCompany, and in re The Joint-stock 
Companies winding-up Acts — Sx parte Gay. — 
(QnUribuioriee to priviiionally regittered Com^ 

ptm^^Power to wuUte Call on, for Coete) 

Rolls Court. 
Gordon v. Daliell.— (^o/ illegal for a Soileitor to give 
a Share of tke Prqfite qfkii Businen to a Party not 

a BoUeitor) 

Vice-Chancellor Turner's Court. 
Bilfing V. S«mihet.'-{ConJldential Relation— Surgeon 
andPatimt) 



185 

186 
188 



LONDON, MARCH 13, 1852. 



It is not a little singular that with all the unpopn- 
laiity of the Court of Chancery, notwithstanding all 
its aUeged dekys and expenses, still the people of thia 
country are so fond of having their difienBoes as to 
rights of property discussed and settled by it, that they 
resort to this dreadful tribunal more than ever they 
did. 

We have now, besides the Lord Chancellor and his 
assistant Court of Appeal, consisting of two judges of 
the highest talent and reputation, four distinct courts, 
-viz. that of the Master of the Rolls, and those of three 
Tice-Chancellors, all adapted for the transaction of the 
ordlnaiy business of the Court. This, however, is prac- 
ticaliy scarcely enough ; those who practise in the Court 
of Chancery are well aware that the judges are scarcely 
enough for their business. The so much dreaded and 
hated Court of Chancery has, in &ct, become, in spite 
of aU that the most popular writers of fiction can sug- 
gest, so necessary to the people, that its business has 
within the last quarter of a century much more than 
doubled. In the early days of Lord Eldon's Chancellor- 
ship, the time of one Chancellor, and half the time of a 
Master of the Rolls— who hunted, or dosed, or otherwise 
disported himself during the hours while the sun was 
above the horizon, and never sat for judicial bu^ness 
tin lamps were lighted — were sufficient to dispatch all 
the Chancery business of the country. A few years 
later it became necessary, in order to meet the growing 
Tvants of the country as regarded the business of Chan- 
cery, to increase the judicial strength of the Court ; 
and accordingly, after much discussion and much oppo- 
flstion, an assistant judge to the Chancellor, called the 
Vice-Chanoellor, was appointed; and, in addition, after 
Vol. XVL I 



a few years, the Master of the Rolls substituted for 
the old system of the three hours of post-prandial 
sittings, the better and the more wholesome day nt- 
tings of from ten in the morning till three in the after- 
noon. Such was the state of the Court of Chancery 
till the year 1841 ; by that time the unpopularity of 
the Court of Chancery had so greatly increased, that 
the existing judges were quite insufficient to meet the 
popular wants, and two new Vice-chancellors were 
appointed. 

These jndges, together with the Master of the Rolls 
and the original Vice-Chancellor, (then called, by 
way of honourable distinction, the Vice-Chancellor of 
England), carried on for nearly ten years the bumness 
of the Court of Chancery ; that Court in the mean* 
time being, during every year, assailed with more and 
more vituperation, becoming every year apparently 
more and more unpopular, approaching every year 
more and more that point when, if we were to judge 
from the storm of outwardly-expressed hatred, it would 
be nearer its destruction ; yet still the business of this 
detested Court of Chancery has so marvellously in- 
creased, that in the year 1851 it became necessary to 
increase its judicial strength by the addition of a second 
Court of Appeal, in addition to the three Vice-Chan- 
cellors: so that we have now, instead of one Chancellor 
and the half of a Master of the Rolls, who were suffi- 
cient in the early days of Lord Eldon ; or of a Chan- 
cellor, a Master of the Rolls, and one Vice-ChanceUor, 
who were sufficient in the latter days of Lord Eldoi^— > 
we have now, besides the Chancellor, a second Court 
of Appeal, three Vice-Chancellors, and a Master of 
the Rolls; and yet such is the run of business upon 
this unpopular Court of Chancery, that these seven 
judges, all working from five to six hours a ^^^ 



78 



THE JURLST^ 



in court, besides, tb take s most me^^ate av^ragie, 
three hours a day to evefy man of' them out^ of court, 
are unable, although they^areatt men of great oafpkcity 
and bodily energy, to ke^p down the bnsineflB of tlie 
Court. Such are, using general language*, the statistics 
of the Court of Chancery; and admitting that thereris 
much in the procedure of that Court which may be 
expensive, dilatory, and prejudicial to the interests of 
the public, it is impossible to suppose that there can be 
a substantial want of advantage or attraction in that 
administration of justice which has, in the course of a 
quarter of a century, so increased the business of a 
Court," that double the number of judges is literally un- 
able to administer to the wants of the litigating public. 

We cannot but think that this simple and obvious 
view of the state of the Court of Chancery is an answer 
to those who think, that to find fault with that Court 
and its proceedings is of itself an evidence of patriotism 
and intelligence. 

There are, no doubt, very great defects in its pro- 
cedure, and we, in this journal, have never been sparing 
in our comments upon these defects; but the Chancery 
Commission, of whose report we published a summary 
in a former number, has suggested remedies for the most 
material of those defects. 

It is said, that without waiting for the tedious pro- 
ceeding of an act of Parliament, the Lord Chancellor and 
the judges of the Court will frame and issue General 
Orders for carrying into effect the principal recom- 
mendations of the commissioners; and if they do so, 
the result will be to simplify and accelerate the mode 
of procedure in the court, in the ratio of at least two to 
one, and to diminish the expense of Chancery proceed- 
ings, probably in the ratio of three to one, certainly in 
the ratio of two to one ; whereby, judging from the 
past, it may be anticipated that the resort of the public 
to the much-abused Court of Chancery will, in spite 
of all that is said and written about its dangers and 
unpopularity, increase two or three fold. 

The truth, with respect to the unpopularity of the 
Court of Chancery, is simply this: — Until towards the 
latter end of the last century, and perhaps the begin- 
ning of this century, it was the court of the rich only. 
Few except the rich had disputes to settle which 
required the aid of the Court of Chancery to settle 
them; but as wealth, and particularly commercial 
wealth, diffused itself, and as, in consequence, persons, 
to whom expense was a matter of importance, required 
the aid of that Court, which could alone administer 
substantial justice to the complicated wants of the most 
modem civilisation, and had recourse to it, the public, 
by degrees, began to notice the defects of a jurisdiction 
of which, in principle, they felt the immense advantage, 
bnt of which the details were a grievance. This is the 
true secret of the continually inereaung outwardly ex- 
pressed hatred of the Court of Chancery, and, as a 
singular contrast, of its continually and immensely in- 
abasing business. Its principles are, in &ct, essentially 
and integrally advantageous to the administration of 
justice, particularly in the most complicated commer- 
oial disputes; but the details of its forms of pleading 
and proeedmre were not originallv framed for, or adapted 
foi^the eadgenoies of modem subjects of litigation. 

The forms of pleading and procedure, however, are 



the mei^ instfuments, the tools with which the prin- 
ciples of- equity are worked oot^ The adaptation of 
new instruments to work out tlie prineiples of equity, 
99 as to adapt them to the wants of existing civilitt- 
tioB, has been the budness; and the successfally con- 
ducted business, of the Chancery Commission; and if 
the principal recomsnendations of that Commission are 
carried into eff^, whether by Greneral Orders or By 
an act of Parliament, we confidently expect, that whe- 
ther the Court of Chancery continues to be abused or 
not — and probably, from habit, it will continue to be 
abused — its business will be increased two or three foli 



Ctomsponlrence. 

PROFITS WITHOUT LIABILITY. 

TO THE EDITOR OF " THE JURIST." 

Sir, — The importance of this question will perhaps 
justify you in allowing a second word to me as well as 
to Mr. Bc^bie in relation to it. 

When I said that Lord Eldon laid down the rule *^in 
the course of conversation," I alluded to what I thonght 
was generally i-ecognised — his Lordship's habit of mak- 
ing desultory remarks, after the ai'gument had con- 
cluded, on matters not at>all in question before him; for 
though his discourse flowed on without interruption by 
counsel, and occasionally even concluded with a aeciBio% 
yet the greater part of it, having no practical bearing, 
was properly conversation, and not judgment. Of tlus 
character clearly was the second as well as the M 
dictum in JEx parte Hamper; for, as I have already 
shewn, so far from any question having arisen iu that 
case on the distinction between sharing the profits and 
being paid according to the profits, it was admitted that 
there was an agreement to share profits, and that there 
was a consequent liability to creditors ; the only qnes- 
tion was, whether specific goods were partnership pro- 

Serty or not; and with that question Lord £ld<Hfft 
icta had not the remotest connexion. Mr. Begbie 
misunderstands me in thinking that I deny Lord ^- 
don's intention to lay down such a rule. '^Vhat I awd 
was, that the decisions referred to by Lord Eldon 
were imaginary; and as I did not claim any origmalitr 
in that remark, I referred to the works of Messrs. CoU- 
yer and Bisset, who both declai-e their ignorance of any 
such decisions ; and Mr. Begbie now admits that "there 
is, perhaps, no reported case in which it was necessary 
to decide the express point." Yet Lord Eldon stated 
the rule as " clearly settled"— to his own dissatisfaction! 
But I am referred to the prior cases of Oraee v. SmA 
and Wanffh v. Carver, In the former, the question 
was as to the continuing liability of a partner after a 
formal dissolution, the alleged ground of babUity hmng, 
that on retiring he lent a sum of money to the con- 
tinuing partner for seven years, at legal interest, and 
also stipulated for an annuity of 300/. during the same 
period. In deciding that there was no partnership, Tk 
urey, C. J», said, ** I think the true criterion is, to in* 
quire whether Smith agreed to share the profits of 
trade with Robinson, or whether he only relied on those 
profits as a fund for payment — ^a distinction not more 



tinguish the case in hand from the Ni» Prius decisiott 
of Lord Mansfield in Bloxham v. Pell^ cited on behalf 
of the plaintiff, which case, as stated in W. Bl. 999| 
appears to have been identical in its circumstances 
with Qrac€ v. Sm^y (the agreement being that PeU 
should VBtire^ and Brook give him a bond for hii share 



nice than usualljr occurs in questions of trade or usury. 
The jury have said this is not payable out of the profits, 
and I think there is no foundation for granting a new 
trial." That judgment was possibly mtended to di»- 

xi i-T- xi i_ 1 J ^ xi xt;_; t»_i J^MstAfi 



THE JURIST. 



79 



of the capital, with 61, per cent, intenst, and pav to 
PeU an annuity of 200/. tor six years^ if Brook so long 
lived, as in lieu of profits, Fell haying liberty to inflnect 
the books), but was decided contrarily, Lord Mansneld 
holding that it was either a secret partnership or usury, 
and therefore the former. Now, I do not say that I 
assent to the terms of the judgment of De Grey, C. J., 
80 understood ; for Bloaeham y. Fell was, I think, clearly 
OTermled in Gh^ace y. Smith; but it is obyious, that in 
no case can a stipulation for a fixed annuity be under- 
stood to mean a share in the profits. The judgment of 
Blackstone, J., in Qroee y. SmM^ places the decision 
on its true grounds*-^' I think tne true criterion 
(where money is adyanoed to a trader) is to consider 
whether the profit or nreminm is certain and defined, or 
OMoal, indennite, and depending on the accidents of 
tnde. In the former case it is a loan, (whether usu- 
xioiis or not is not material to the present question); in 
the hitter a partnership. The hazard of loss and profit 
is not equal and reciprocal if the lender can receiye 
only a limited sum for the profits of his loan, and yet 
is made liable to all the losses, all the debts contracted 
in the trade, to any amount." Whatever may be the 
meaning of the judgment of De Grey, C. J., m Grace 
T* jSMa, it is clear that neither the decision nor the 
ja^^ent is any authority on the question as to the 
effect of a stipulation for a xemuneration varying with 
ike pn^. But the judgment of Blackstone, J., is 
directly opposed to the dictum in Ex parte Hamper. 

Ifr. B^bie complains that I attribute no importance 
to the leading case of IVavfh y. Carver. I repeat that 
it is of no importance in mvour of the distinction in 
question, for the distinction was not taken in that case, 
and the decision was, that, under the circumstances, 
a partnership existed; and no case in which the 
existence of a partnership is affirmed can be an autho- 
rity in fiiyour of Lord £ldon's dictum, which is in- 
firm, not in that branch of it which recognises the 
existence of a partnership under certain circumstance 
bat in that which denies its existence under what hb 
Xiordship thought would be different circumstances; 
and the report of fVaugh y. Carver does not contain a 
aingle remark in the slightest degree fayouring Lord 
XHdon's dbtinction. 

With respect to Ex parte Lanffdak^ I must claim 
cxedit for the accuracy of my statement of it, until Mr. 
Beffhie substantiates his assertion that it was entirely 
diirorent, both in &cts and in decision, from what I 
zepresent. 

The case of ITatseh y. Schenet (13 Jur.. part 1, p. 668) 
may be referred to without opposing the authority of 
the late Vice- Chancellor to that of Lord Eldon. It 
ahews, that when an attempt is m^de to act upon Lord 
Sldon's speculatiye distinction, its impracticability is 
damonstrated. The workman, who applies a pump 
to a forty feet well, effectually demolishes Aristotle's 
notion tliat Nature abhors a yacuum, without being an 
AtietoUe. 

The result then is, that it is admitted that Lord El- 
don's dictum is not supported by a single reported 
decision of prior date; and that it has not since been 
acted upon m a single case, for I haye no doubt, that if 
there had been such a case, Mr. B^bie would haye 
cited it, instead of referring me to Mr. Collyer's trea- 
tise, which I haye cited, not as an authority, but merely 
in justice to the learned author, and as affording, from 
its generally acknowledged completeness, some pre- 
sumption against the existence of cases which are not 
mentioned m it. 

Mr. Begbie concludes with a repetition of his five 
propositions. The first, that ** our law does not allow of 
a partnership with limited liability," is indisputable, 
if specially privileged companies are excepted ; and I 
trust that it will never become obsolete. The second, 
that ** there is no sound principl^i nor any judicial dictum 
3 



or decision, favourable to the propositi<m, that a perB<»i 
advancing to a trading concern capital, for a remunera- 
tion varying according to the rate of profit, is thereby 
made a partner," is, I believe, so fiir as it relates to 
** sound principle," peculiar to Mr. Begbie and Dr. 
Story. ]No other writer has ever alluded to Lord 
Eldon's dictum without disapprobation, and Lord 
Eldon himself condemned the rule while he stated it. 
A doctrine, enabling parties to evade a rule of public 
policy by a mere form of words, would certainly be 
contrary to sound principle. To my apprehension, all 
the cases deciding that an agreement to share profits 
involves liability to creditors, are authorities to the 
same effect, for I am unable to recognise a difierenoe 
in Lord Elldon's distinction. And there is one dictum 
at least which may be set against what was said in Em 
parte Langdale — i mean Lord Mansfield's opinion in 
Y<nmg y. Axtell^ (cited in IVatigh y. Carver)^ that an 
agreement that A. should receive 25. for every chaldron 
of coals sold by B. to a certain class of customers, ren- 
dered A. liable as a partner. The third proposition, 
that ** there are dicta and decisions, that a person giving 
his labour or influence for such a varying remunera- 
tion, is not thereby made a partner," is true as to dieta, 
to this extent, that we have liord Eldon's dictum to that 
effect, repeated two or three times by himself, and on 
two or three occasions cited by other judges with re- 
spect. But it is to be observed, that whenever that 
dictum has been referred to b^ other judges^ it has 
been for the purpose of applymg, not the negative 
branch of it, but the affirmative— that when the pro- 
fits are shared there is liability. As to decisions, I 
deny Mr. Beffbie's proposition : if any such existed, 
he would doubtless have cited them, xhe fourth pro- 
position, that there is no difference, for the purposes 
of Lord £Udon*s dictum, between an advance of labour 
or influence and an advance of capital, I do not feel 
concerned to question. The fifth, that ** there are cases 
in which an advance of capital to a trading concern for 
a remuneration depending on the profits has been held 
not necessarily to constitute a partnership," seems to be 
indeterminate without the elision of the word " neces- 
sarily ;" and so altered, I must assume that it is erro- 
neous, since Mr. Begbie has not cited such a case. 

P.T. 

lonlron entttn. 

FRIDA^r, Mabch5. 
BANKRUPTS. 

THOMAS FREEMAN, Northampton, innkeeper, March 12 
and April 16 at half-past 11 , Coart of Bankruptcy, London : 
Off. Ass. Cannan ; Sols. Reed & Co., 59, Friday-stveet, 
Cheapiide, London.*^ Petition filed Feb. 25. 

THOMAS FOWKES, Redditch, Woroestenhire, innkeeper, 
com dealer, dealer and cbapman, March IS and April 19 at 
half-past 11, District Conrt of Bankmptey, Birmingham: 
Off. Ab8. Wbitmore ; Sols. Browning, Redtttch ; Hodgson, 
Birmingham. — Petition dated Feb. 25. 

EDWARD BRIAN SMITH HOFF, Holbeach, Linoohi. 
shire, dealer in chicory, March 19 and April 16 at half-past 
10, District Conrt of Bankruptcy, Nottingham : Off. Asa. 
BitUeston ; Sols. Shirton & Co., Holbeach ; Motteram H 
Co., Birmingham.— Petition filed Feb. 14. 

JOHN WOMERSLEY the younger, Hndderafield, York- 
shire, ironmonger, dealer and chapman, March 22 at 11, 
and April 19 at 12, District Court of Bankruptcy, liCeds : 
Off. Ass. Hope ; Sol. Barker, Hndderafield.— Petition dated 
March 4. 

ANNE BAILES, late of Doncaster, but now of Sheffield, 
Yorkshire, licensed victualler, dealer and ohapwoman, March 
20 and April 24 at 10, District Court of Bankruptcy^ Shef- 
field : Off. Ass. Freeman; Sols. Bramley & Gainafocd, 
Sheffield; Selby & Mackeson, 59, Lincoln's-inn-fieldf, 
London.— Petition dated Feb. 24 ; filed Feb. 26. 



80 



THE JURIST. 



RICHARD WELLS, Brigg, Lincolnshire, draper, dealer 
and chapman, March 24 and April 14 at 12, District Court 
of Bankruptcy, HoU: Off. Ass. Carrick; Sols. Black- 
burn, Leeds; Jones, Sise-lane, London. — Petition dated 
Feb. 25. 
JAMES BERTRAM, SheflSeld, Yorkshire, ironmonger, 
dealer and chapman, March 20 and April 24 at 10, District 
Court of Bankruptcy, Sheffield : Off. Ass. Freeman ; Sols. 
Hoole & Yeomans, Sheffield. — Petition dated March 1 ; 
filed March 2. 
JOSHUA SHAW, Manchester, warehouseman, dealer and 
chapman, March 22 and April 19 at 12, District Court of 
Bai^ruptoT, Manchester : Off. Ass. Pott ; Sols. Sale & 
Co., Manchester.— Petition filed Feb. 21. 
JOSEPH HULL, WaTcrtree, Lancashire, miller, March 17 
and Aprils at 11, District Court of Bankruptcy, Liver- 
pool : Off. Ass. Bird ; Sols. Thomley & Jerons, lit erpool. 
—Petition filed March 1. 
WILLIAM SHARP, Birkenhead, Cheshire, and LiTcrpool, 
merchant, shipowner, dealer and chapman, March 17 and 
Aprils at 11, District Court of Bankruptcy, Liverpool: 
Off. Ass. Turner; Sols. Neal & Martin, LiTcrpool. — 
Petition filed March I. 

Mnnxos. 
Robert Debenham, Edward-st., Portman-square, Middle- 
sex, draper, March 26 at 11, Court of Bankruptcy, London, 
last ex. — George Beits, Fomoett St. Peter, Norfolk, draper, 
March 19 at 11, Court of Bankruptcy. London, last ex.— 
John Whitehead, John Whitehead the younger, and George 
Wyatt, Princes- St., Lambeth, Surrey, rectifiers, March 22 at 
1, Court of Bankruptcy, London, last ex. of George Wgait,-- 
/. Cheshire, Hartford, Cheshire, salt manufacturer, March 22 
at 11, District Court of Bankruptcy, Liverpool, last ex. — John 
Stephen Or/ord and William Kirkham, Manchester, paper 
hangers, March 18 at 12, District Court of Bankruptcy, 
Manchester, last ex.-— CAnr/et Henry Gausden, Hove, Sussex, 
licensed victualler, March 24 at 12, Court of Bankruptcy, 
London, aud. ac. — James Nicholson, Woolwich, Kent, grocer, 
March 24 at 1, Court of Bankruptcy, London, aud. ac. — H, 
Hodges, Addington-place, Camberwell, Surrey, coach builder, 
March 17 at 12, Court of Bankruptcy, London, and. ac. — 
James Clark, Upwell, Cambridgeshire, miller, March 24 at 
half-past 12, Court of Bankruptcy, London, aud. Bc—Wm. 
Mots the younger. Stock, Essex, miller, March 25 at 11, 
Court of Bankruptcy, London, aud. ac. — Philip Summers, 
Tabemacle-walk, rinsbury, Middlesex, fancy printer, March 19 
at 11, Court of Bankruptcy, London, aud. ac. — JDodshon 
Blake the younger, George-st., London, and West-st., South- 
wark-bridge-road, Surrey, yam merchant, March 16 at 11, 
Court of Bankruptcy, London, aud. ac. — Caleb W. Elliott, 
Aylesbury, Buckinghamshire, grocer, March 22 at 11, Court 
of Bankruptcy, London, aud. ac. — Edward Wiekins, Faver- 
sham, Kent, linendraper, March 22 at 1, Court of Bank- 
ruptcy, London, aud. ac. — Thos, Mills, Painswick, Glouces- 
tershire, quarry master, March 26 at 11, District Court of 
Bankruptcy, Bristol, aud. ac. — W. Wood, Bristol, provision 
merchant, March 25 at 11, District Court of Bankruptcy, 
Bristol, aud. ao. ; April 8 at II, div. — John Dewhurst, Pres- 
ton, Dincashire, provision dealer, March 19 at 12, District 
Court of Bankruptcy, Manchester, aud. ac. ; April 2 at 12, 
div. — Robert Plowden Weston, Wellington, Shropshire, sur- 
geon, March 29 at hslf.past II, District Court of Bank- 
ruptcy, Birmingham, aud. ac. and div. — Edw. Robson, South 
Shields, Durham, chain manufacturer, March 16 at 11, 
District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. 
-— H. Mullion, Liverpool, merchant, March 18 at 11, Dis- 
trict Court of Bankruptcy, Liverpool, aud. ac. — Edward W. 
Dickenson, Liverpool, merchant, March 18 at II, District 
Court of Bankruptcy, Liverpool, aud. ac. — John Johnson, 
Liverpool, merchant, March 17 at 11, District Court of Bank- 
ruptcy, Liverpool, aud. ac; March 29 at II, div. — Henry 
Leatham, Liverpool, builder, March 17 at 11, District Court 
of Bankruptcy, Liverpool, aud. ac. — Manuel Jones, Wrexham, 
Denbighshire, cheese factor, March 17 at 11, District Court 
of Bankruptcy, liveipool, aud. ac. — Moses Orme and Wm» 
H, Lynass, Liverpool, porter merchants, March 17 at II, 
District Court of Bankruptcy, Liverpool, aud. ac. — Edward 
Wilkinson and Thomas Beniley, Liverpool, tailors, March 17 
at 11, District Court of Bankruptcy, Liverpool, aud. ac. sep. 
«8t., and Mareh 29 at 11, div. sep. est. of E. Wilkinson.-^M, 
A, Keell, Liverpool, coffee-house keeper, March 17 at 1 1 , Dia- 
4 



trict Court of Bankruptcy, Liverpool, and. ac; March 30 at 

11, div.— JoA» Sherwin, Liverpool, baker, March 17 at 11, 
District Court of Bankruptcy, Liverpool, aud. ac— /oAis 
Rmnsey, High Wycombe, Buckinghamshire, money scrivener, 
March 26 at half-past 12, Court of Bankruptcy, London, div. 
— William Taylor, Creek-road, Deptford, Kent, shipwright, 
March 30 at 11, Court of Bankruptcy, London, d\Y,~-Jo9eph 
Notting, Poole, Dorsetshire, currier, March 30 at 12, Court 
of Bankruptcy, London, diY,— Archibald Mouat, Creed-lane, 
London, wine merchant, March 30 at 11, Court of Bank- 
ruptcy, London, div.— James Christie, South Sea-diamben, 
Threadneedle-st., London, and Tunbridge, Kent, coal mer- 
chant, March 29 at 12, Court of Bankruptcy, London, div. — 
Matthew Rowlandson and Lancelot Rowlandson, Whitechapel- 
road, Middlesex, drapers, March 27 at 11, Court of Bank- 
ruptcy, London, div.--/oAfi Bam, Wisbeach, Cambridgeshire, 
draper, March 27 at 11, Court of Bankraptoy, London, div. 
— George Bonny, Gravesend, Kent, licensed victualler, March 
29 at half-past 12, Court of Bankruptcy, London, div.— 
Joseph Frith Everett, High Holbom, Middlesex, hydraulic 
engineer, March 26 at 1, Court of Bankruptcy, liOndon, div. 
^Bei^amm Thompson, Derby, draper, March 19 at 12, Dis- 
trict Court of Bankruptcy, Nottingham, and. ac; April 2 at 

12, div.— JoAit Fletcher, Netherton, Dudley, Worcestershire, 
publican, March 27 at half-past 10, District Court of Bank- 
ruptcy, Birmingham, div. — Gwdon John J, Grant, Liverpool, 
tobacco broker, March 26 at 11, District Court of Bank- 
ruptcy, Liverpool, div.— /mac Abrahams, Liverpool, tailor, 
March 26 at 12, District Court of Bankruptcy. Liverpool, 
div.^-Somue/ Glenny, Liverpool, commission merohant, March 
26 at 11, Distriot Court of Bankruptcy, Liverpool, div. — 
John Sherwin, Liverpool, baker, March 29 at 11, District 
Court of Bankruptcy, Liverpool, div. — Joseph Unsworth^ 
Liverpool, joiner, March 30 at 11, District Court of Bank- 
ruptcy, Liverpool, div.— J. Wilkinson, Birkenhead, Cheshire, 
builder, March 29 at 11, District Court of Bankruptcy, Liver- 
pool, div.— Aoder/ Welsh, Huddersfidd, Yorkshire, woollen 
cloth merchant, March 26 at 11, District Court of Bankruptcy, 
Leeds, div. 

Cbrtifioatxs. 

To be allowed, unless Cause be shewn to the contrary on or 

b^ore the Day qf Meeting. 

Sarah Isherwood and Nicholas T, Isherwood, Ludgate-hill, 
London, house decoratora, March 26 at 11, Court of Bank- 
ruptcy, London. ^^0 An Bates, Highgate and Finchley-road, 
Middlesex, plumber, March 30 at 11, Court of Bankruptcy, 
London. — Adolf Heilbronn, Great St. Helen's, London, dry- 
salter, March 27 at half-past 11, Court of Bankruptt^, Lon- 
don. — A^red Markwick, Martin's-lane, Cannon-st., London, 
manufacturer. March 27 at 12, Court of Bankruptcy, London. 
— Richard Billing the younger, Reading, Berkshire, brick- 
maker, March 26 at 1, Court of Bankruptcy, London. — Wm. 
Gossage, Widnes, Presoot, Lancashire, manufacturing chemist, 
March 26 at 11, District Court of Bankruptcy, Liveipool. — 
John J. Rayner, Manchester, tulor, March 26 at 12, District 
Court of Bankruptcy, Manchester. — George Chadfield, Man- 
chester, plasterer, March 29 at 12, District Court of Bank- 
ruptcy, Manchester.— fKm. J, Foulkes, Birkenhead, Cheshire, 
druggist, March 30 at II, District Court of Bankruptcy, 
Liverpool. — Robert Welsh, Huddersfield, Yorkshire, woollen 
cloth merchant, March 26 at 11, District Court of Bank- 
ruptcy, Leeds.— R. Barr, Glasgow, Scotland, and /. Sykes, 
Huddersfield, Yorkshire, spinnen, March 26 at 11, District 
Court of Bankruptcy, Leeds.— 22o6er/ P. Weston, Wellington, 
Shropshire, surgeon, March 29 at half-past II, District Court 
of Bankruptcy, Birmingham. — Philip Rufford, Francis Rtff* 
ford, and Charles J. Wragge, Stourbridge, Woroesterahire, 
banken, March 30 at 10, District Court of Bankruptcy, Bir- 
mingham. . 

To be granted, unless an Appeal be duly entered, 

Robert MKean, Liverpool, and Birkenhead, Cheshira, con- 
tracting engineer.— Jaiiie« Fsrster, Liverpool, filter merchant. 
---Joseph Palmer Godfrey, Cullompton, Devonshin, paper- 
maker. — Thomas Atkinson, heeds, Yorkshire, grocer.-^oAn 
Thomson and William Leith, Liverpool, timber merchants.— 
William Farrell, Liverpool, provision dealer. — Alexander 
Cansh, Liverpool, provision dealer.-n/oAa Phillips, Birming- 
ham, druggist. 

Pbtitiom Annui.lbd« 

James GiUtont Leeds, Yorkshire, wooUendrsper. 



THE JURIST. 



81 



PaBTXBRSHIPS DitlSOLTVD. 

Jamm h€9 9iA Alexander Croeley, Clement'a-lane, London, 
attorniet and solicitors.— fV^tV/umt SmalUy RuHer and John 
HetakaUf Manchester, attorniet-at-law. 

Scotch SicauBSTRATioNs. 

WUUmm Gross, Glasgow, carver and gilder. — EbefUner 
Weir, Glasgow, provision merchant.— iZofterf DieJk, Glasgow, 
bouse factor. — John Bowmum, Glasgow and Helensburgh, 
hnkex.^^Bobert Johnston, Hnntly, merchant. --Jafiief Wilson 
he Co., Cartsdyke, Greenock, soap manufactnrers. — Jamss 
Mttotmr, deoeaaed, Glasgow, Congiere match mannfactorer. 

INSOLVENT DEBTORS 
Wko Mm^oJUed their Petitions in the Court ^Bmtkmptep, 
mnd kmoo ohtained «» Interim Ordsrfor Protection from 



John Showsmith, Ilkley, Yorkshire, shoemaker, March 22 
at 10, Coonty Conrt of Yorkshire, at Otley.— /«remtaA Dalton, 
Newport, Monmouthshire, painter, March 16 at 12, County 
Court of Monmouthshire, at Newport. — John Pallister, York, 
shoemaker, March 22 at 10, County Conrt of Yorkshire, at 
York. — ISieAarif Popplewell, Selby, Yorkshire, gas fitter, 
March 11 at 10, County Court of Yorkshire, at Selby.— /oAii 
Skaiih, Helperly, Yorkshire, grocer, March 23 at 10, County 
Court oi Yorkshire, at Easingwold.— /oAn Hewett, Chiches- 
ter, Sussex, baker, March 27 at 11, County Conrt of Sussex, 
at Chidiester. — James Peter Prudence, Pakyns Manor-house, 
Hurstperpotnt, Sussex, servant, March 25 at 12, County 
Court of Sussex, at Cuckfield.— /oAii Chileott, Cuckfield, 
Soasex, auctioneer, March 25 at 12, County Court of Sussex, 
at Cuckfield. — George Glossop, Arundel, Sussex, upholsterer, 
Mardi 20 at 11, County Court of Sussex, at Arundel.— /oA» 
Lewis, Caegrobos, Swansea, Glamorganshire, butcher, March 
15 at 10, County Court of Glamorganshire, at Swansea. — 
WiUism Morfmk, Cross-y-ceilog, LUnvrechva Lower, Mon- 
mouthshire, licensed retailer of beer, March 18 at 10, County 
Court of Monmouthshire, at Pontypool.— /amet Crossley, 
Halifiax, Yorkshire, tailor, March 19 at 10, County Court of 
Yorkshire, at Halifax.— iZicAar/i HorsfeHl the younger, Harts- 
hcflui-cum-Clifton, Dewsbury, Yorkshire, stonemason, March 
19 at 10, County Court of Yorkshire, at Halifax.— Ji«Jt;amsn 
Batten Street, Torquay, Devonshire, schoolmaster, March 27 
at 10, County Conrt of Devonshire, at Newton Abbot. — 
Martin Murphy, Bradford, Yorkshire, beerseUer, March 23 
at 11, County Court of Yorkshire, at Bradford. — John (Vow- 
iher, Bradford, Yorkshire, general-shop keeper, March 23 at 
11, County Court of Yorkshire, at Bradford.— 7Aot. Moore 
the younger, Coventry, Warwickshire, bricklayer, March 18 at 

10, Comity Court of Warwickshire, at Coventry.— /oAii £'/a- 
tety, Manningham, Bradford, Yorkshire, tailor, Mardi 23 at 

1 1 , County Court of Yorkshire, at Bradford. — Thomas Green" 
dale. South Cave, Yorkshire, innkeeper, April 3 at 10, County 
Court of Yorkshire, at Kingston-upon-HulL^CAar/ef IZofter/ 
Maddeisey, Caistor, Lincolnshire, attomey-at-law, April 3 at 
lO, County Court of Yorkshire, at Kingston-upon-Hull. — 
laaiak BaJter, Cradley-heath, Rowley lUgis, Suifordshire, 
working miner, March 25 at 12, CounW Court of Worcester- 
abire, at Dudley.— James Careless, Oldbnry, Worcestershire, 
blacksmith, March 20 at 2, County Court of Staffordshire, at 
Oldbnry.— JSdwia Lynejf, Walsall, Staffordshire, dealer in 
china, March 18 at 12, County Court of Staffordshire, at 
Walsall. — Joseph Thomas Jennings, Walsall, Staffordshire, 
beeraeUer, March 18 at 12, County Court of Staffordshire, at 
WalsalL— 2!loma« Jephcott, Foleshill, Warwickshire, ribbon 
manvbcturer, March 18 at 10, County Court of Warwickshire, 
at Coventry. — Edward Jorden Merry, Coventry, Warwick- 
afaxre, jeweller, March 18 at 10, County Court of Warwickshire, 
at Coventry. — Edward Kenyan BuUman, Bristol, coal mer- 
chant, March 31 at 11, County Court of Gloucestershire, at 
BristoL — George John Hayman, Bristol, tailor, April 14 at 11, 
County Court of Gloucestershire, at Bristol. — Benjamin Wrig- 
Uy, Rochdale, Lancashire, reed maker, March 25 at 12, County 
Conrt of Lancashire, at Rochdale.— /oiNet Cryer, Rochdale, 
liBncaahire, woollen manufecturer, March 25 at 12, County 
Court of Lancashire, at Rochdale.— ^nocA Haekwood, Wed- 
neabory, Staflbrdshire, tailor, March 18 at 12, County CoTirt 
of Staffordshire, at Walsall.-n/oeod Moseley, Neath, Glamor- 
ganahire, watchmaker, March 13 at 10, County Court of Gla- 
morganahire, at Neath. — Charlotte Reynolds, widow, Hinton, 
PontMbary, Shroptbire, oat of biudiien, March 16 at 10, 



County Court of Shropshire, at Shrewsbury. — Isaac De Boeh 
Kemuard, Margate, Kent, hat maker, March 12 at 12, County 
Court of Kent, at Margate. 

T%e following Persons, who, on their several Petitions Jllad in 
the Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein^ 
efter msutioned, at the Court^honse, in Portugal^sireett 
Lincoln's Inn, as follows, to be examined and dealt with 
according to the Statute ;— 

March lb at II, btfore Mr, Commissioner Phillips. 
Adjourned Final Order. 
Thos. R. X. Pilkington, Bower-street, Albert-square, Com- 
merdal-road East, BUddlaex, coal merchant. 

March 17 «f 10, b^ore Mr. Couunissioner Law. 
George A. Potter, Gainford-street, Richmond-road, Isling- 
ton, Middlesex, watch-case maker. 

March 19 of 11, ^c^rt the Cbibv Commissionkk. 
John Harvey, Cleaver-st., Kennington-cross, Surrey, tailor. 
March 20 at 11, before Mr. Cemmusskmer Phillips. 
George Brand, Sandy-street, Widegate-street, Bishopsgate- 
street Without, London, beer retailer. — John G, Matthews, 
Romford, Essex, derk to a brewer. 

March 22 at 10, btfore Mr. Commissioner Law. 
Robert Callow, Brunton-place, Commercial-rd., Middlesex, 
baker. — Mary Williams, widow, Sydney-street, Fnlham-road, 
Chelsea, Middlesex, in no employment. 

March 22 fli 11, b^ore Mr. Commissioner Phillips. 
Robert Watt, Exmouth-street, Clerkenwell, Middlesex, 
jeweller.-^oAn Vaviee, High-street, Homerton, Middlesex, 
butcher.— IFm. S. Munton, Albert-terrace, Ball's Pond-road, 
Islington, Middlesex, out of bushiess. 

The following Pr is oner s are ordered to be brought igi b^oro 
the Court, in Portugal^treet, to be examined and daaU 
with according to the Statute 9'^ 

March 19 fli 11, b^ore the Chief Commissionbh. 
Mary Jackson, Arlington-street, Momington-cresoent, 
Middlesex, milliner. — George Richard Smith, Bridge-road, 
Hammersmith, Middlesex, omnibus driver.— /oAa PotteTf 
Guildford-place, Lower Kennington-lane, Surrey, derk to an 
attorney. 

March 19 at 10, brfore Mr. Commissioner Law. 
Wm. Jennings f Fore»street, Cripplegate, London, in noem« 
ployment. 

March 20 «/ 11, b^fiire Mr. Commlssionsr Phillips. 
Thos. Green, Hatton-garden, Holbom, Middlesex, general 
auctioneer.— ^MlcrJeit Derbishire, Sloane-square, Chelsea, 
Middlesex, in no employment. 

March 22 at 10, bffore Mr. Commissioner Law. 
John H. Morris, King William-street, Strand, Middlesex, 
in no employment.— CAm/umJ7. Heiar, Nelson-street, New- 
road, Commerdal-road East, Middlesex, out of business.-^. 
Wolsey, Oxford-street, Middlesex, house agent. 

The following Prisoners are ordered to be brought up brfore 
a Judge q/* the County Court, to be examined and dealt 
with according to the Statute .— 

At the County Court qf Cumberland, at Carlislb, March 22 
at 10. 
John Beck, Carlisle, innkeeper. 

M the County Court of Yorkshire, at Yohk Castls, 
March 22. 
Bef^amin Lamplough, Doncaster, wooUendraper.— /om^A 
F. Higgins, Keighley, architect.— George Henry Watson, 
Bradford, out of business. — George Fountain, Mabgate, Leeds, 
out of busmess. — Thomas Feamley, Bradford, out of business. 
—Joseph Turner, Huddersfidd, innkeeper.— T^mos Field* 
ing^ Hebden-bridge, near Halifhx, coal merchant.— T^tomot 
3fost, Leeds, genorsldeder in guano. — Richard Hayley, Hud- 
dersfidd, currier. — Henry Hayley, Huddersfidd, currier.— 
Jonathan MalUnson, Marsh, near Huddersfidd, out of busi- 
ness.— JtJcAartf Henry Hardisty, Leeds, fruiterer. — Charles 
Wray, Leeds, stonemason.— /o^i Crossley, Wakefidd, out of 
business.— 'fTm. Wkite, Astley, near Lenb, hrmtr.'^Robt* 



62 



THE JURIST. 



0» Mo9re, York, oat of biuinetB.— Geery« H^, Bradford, 
iKurk butcher. — Joseph MiteMl the younger, Ouett, Dews- 
bury, near Wakefield, cloth manQfacturer'a airiatant. 

Ai the County Court qfSuuex, at Lkwxb, March 23. 
Frederick King, Brighton, perfumer. — H. Shaw, Brightoni 
lieengc d Tictualler. — /. lApscomhe, Brighton, hair dreiaer. 



TUESDAY, Mabch 9. 
BANKRUPTS. 

JOSEPH LOADBR, Pa?enieat, Finsbury, London, upbol- 
aterer, March 19 and April 17 at 11, Court of Bankruptcy, 
London: Off. Aas. Pennell; Sol. Taylor, 15, Sooth-atrcet, 
Finsbnry.-.Petition filed Feb. 25. 

AMOS DEAN, Brighton, Suasex, clothier, hatter, and general 
outfitter, March 15 at 11, and April 17 at half.paat 11, 
Court of Bankruptcy, London : Off. Ass. Nicholson ; Sols. 
Kennett, Brighton ; Sowton, 6, Great Jamea-stnet. — 
Petition filed March 6. 

IflLBOURNE CLARK, Pndding-lane, London, commis- 
alon agent, dealer and chapman, March 22 at 2, and April 
26 at 11, Court of Bankruptcy, London: Off. Ass. Ed- 
-wards ; Sol. Cooper, 14, 6ray'a*inn-square, and Old Cavvn- 
dish-street.— Petition filed March 9. 

AUGUSTUS ALEXANDER LACKERSTEEN, Broad- 
street-boildings, London, merchant, dealer and chapman, 
(trading under the firm of A. A. Lackersteen & Co.), March 
19 at half.paat 12, and April 23 at 11, Court of Bankruptcy, 
London : Off. Ass. Cannan ; Sols. Lawrence & Co., 14, 
Old Jewry-chambers, Old Jewry, London.— Petition filed 
March 8. 

WILLIAM HENRY BRIDGE the younger, late of Bfudc- 
aell, Berkshire, but now of Wamborough, near Odiham, 
Hampshire, butcher, dealer and chapman, March 19 at 12, 
and April 23 at 1 , Court of Bankruptcy, London : Off. Aas. 
Whitmore ; Sol. Richardson, 3, Moorgate-Btreet, London. — 
Petition filed Biarch 8. 

CLEMENT COURTNEY, Ezmouth, Littleham, and Ex. 
mouth, Deronahire, ▼ictnaller, Mardi 16 and April 15 at 
11, District Court of Bankruptcy, Exeter: Off. Ass. Her- 
naman ; Sol. Laidman, Exeter.-^Petition filed March 3. 

JOHN OYSTON, Wakefield, Yorkahiie, Imendraper, dealflr 
and chapman, March 25 and April 23 at 11, District Court 
of Bankruptcy, Leeds : Off. Ass. Young ; SoIb. Bond & 
Barwick, Leeds ; Parker, 18, St. Paul's-churchyard, Lon- 
don.— Petition dated Feb. 28 ; filed March 1. 

•8TAVROS J. NEGROPONTE, Manchester, merchant, 
(carrying on busineas in Manchester with Constantino D. 
Milliotti, of Constantinople, under the atyle or firm of S. J. 
Negroponte & Co.), March 22 and April 21 at 12, District 
Court of Bankruptoy, Mancheater : Off. Ass. Pott ; Sols. 
Sale & Co., Manchester. — Petition filed March 5. 

WILLIAM FROST, Macclesfield, Cheshire, silk throwster, 
Maroh 19 and April 27 at 11, District Court of Bankruptcy, 
Manohaater: Off. Aaa. Lee; Sols. Wortiiington & Barle, 
Manchester ; Fox & Son, 40, Finabury-drctts, London.— 
Petition filed March 6. 

GEORGE TOWNSON, Chnroh, Whalley, Laneaahife, 
plumber and glazier, grocer, dealer and chapman, March 19 
and April 22 at 12, Diatrict Court of Bankruptcy, Man- 
chester: Off. Ass. Mackenzie; Sols. Alcock, Skipton; 
Higson & Robinson, Manchester.— Petition filed March 5. 

Mbbtings. 
/. Henry Stulpner and Deidrich Canten Herman Lomer, 
Mark-lane, London, general merchants, March 20 at 12, 
Court of Bankruptcy, LDudon, last ex. of/. Henry Stidpner. 
—-George Milnes, Huddersfield, Yorkahire, doth merdiant, 
March 30 at 12, District Court of Bankruptcy, Leeda, laat ex. 
^-Bm^amin Smith, Threadneedle-street, London, and Bow- 
common, copper smelter, and Duke-street, Lincoln's-inn- 
fields, Middlesex, silTcrsmith, March 19 at 1, Court of 
Bankruptcy, London, and. ac.— /eibi Rumtey, High Wy- 
combe, Buckinghamshire, money aeriTcner, March 19 at 11, 
Court of Bankruptcy, London, aud. ac.-^Jame» Inyram, 
Southampton, aeedsman, Mardi 20 at 11, Court of Bank- 
ruptcy, London, aud. ac.— TImoMy Tilien, Hayea, Kent, 
maltster, March 20 at 1, Court of Bankruptcy, London, sad. 
ac. — Oeorge Wakeling, Chebnsford, Essex, auctioneer, March 
20 at 11, Court of Bankruptcy, IiondoD» a^d• ac— FFiW«m 



Bet^awtm RichardM, West Bromwich, Staffordahire, grocer, 
Apnl 3 at 12, District Court of Bankruptcy, Birmingham, 
and. ac. — O. /. J. Orant, LiTerpool, tohac^ broker, Mardi 
19 at 11, Diatrict Court of Bankruptcy, Liverpool, and. ac^— 
Charlee Henry Gaueden, Hotc, Susiex, liccaised Tictualler, 
March 30 at 12, Court of Bankruptcy, London, dir. — Jameo 
dark, Upwdl, Cambridgeshire, miller, March 30 at half-past 
11, Court of Bankruptcy, London, div.— VF«. H. Grifitke, 
Xime-atreet, London, wine merdiant, March 30 at 12, Cowt 
of Bankruptcy, London, div. — Wm. Jtohkmn, West Lynn, 
Norfolk, grocer, March 30 at 2, Court of Bankruptey, Lon- 
don, diT.— Wm. Hayhaw, Ratdiffe-highway, and High-atieet, 
Shadwell, Middlesex, boot maker, Mardi 18 at 11, Court of 
Bankruptcy, London, ^.-^Bdward Mobeon, South Shields, 
Durham, boat builder, March 30 at 1 1, Diatrict Court of Bank- 
niptcy, Newcastle«upon-Tyne, div. 

Cbrtificatss. 
7b be allowed, unUte Caate be ehewn to the contrary an or 
b^ore the Day qf Meeting. 
John Knight the dder and John Knight the younger, Wd- 
ham«-green, Middlesex, butchers, Maroh 30 at 12, Court d 
Bankruptcy, London.— 7!lomat Lett, Aspley Goiae, Bedfocd^ 
shire, builder, March 31 at 12, Court of Bankruptcy, London. 
— Jtaae Abrahams, Liverpool, tailor, March 31 at 12, Diatrict 
Court of Bankruptcy, liverpooL — Jamet Henry OiUan, Li- 
verpool, commission merchant, April 1 at 11, District Court of 
Bankruptcy, Liverpool. — John Bntwiele, Raddiffe, Manches- 
ter, cotton manu6u:turer, April 1 at 12, Diatrict Court ef 
Bankruptcy, Manchester. — Wm. Shaw, Leeds, Yorkshire, 
millwright, April 1 at 11, District Court of Bankruptey, Leeds. 
— Zodon Longley the dder, Bei^, Jjmglay, Lahan Umgkg 
the younger, and/on^A Longley, Almondbnry, near Huddcfs- 
fidd, Yorkshire, woollen manufacturers, April 1 at 11, Dis- 
trict Court of Bankruptcy, Leeds.— Afword Tineley, Cradlay- 
heath, Rowley Regis, Staffordshire, cooper, March 31 at half- 
past 11, District GDurt of Bankruptcy, Birmingham. 

7b be granted, mnieee an Appeal be duly anterod. 
Wm. H. Buciland, Abchurch-lane, London, and Maesteg. 
Glamorganshire, of the Macyteg Iron Company. — Chariee L. 
Meates, Conduit-street,, Hanover-square, Middlesex, grocer. 
'^Bdward Leech, Chichester, Sussex, apothecary.— Joaio 
Hucke, Mill-pond-bridge, Rotherhithe, Surrey, cooper.— iS. 
Andrewe, Iweme Courtney, Dorsetahire, ftfmer. — John Cum- 
mine, Bradford, Yorkahire, linendraper.— /oAii A. Bdwardt, 
Toxteth-park, near Liverpool, lodging-house keeper.— *G. /. 
Higghuon, Everton, near Liverpool, Scaler in cattle. 

Pbtxtion Anmullbd. 
Benjamin Holmee the younger, Bradford, Yorkahiret cattk 



Partmsmbip Dissqltbo. 
Aieaander John BayUe and AureUue Henry W, Drewe, 
Bedcfoss-street, London, attomiea-at-law and aolicitors. 

Scotch SsausaTAATioNs. 
WUliam Hill, Edinburgh, commisuon agent.— Cbrfeu fcearf. 
Barron, Sc Co., Newbridge, Aberdeen, brewers.— IZep. .^llas- 
ander Matheeon, Kippen, cattle deder. — G. K. Bogla, Glas- 
gow, merchant.— ^e^roiwler Hay, Glasgow, engineer. 

INSOLVENT DEBTORS 
Wha haoeJUed their Petitions in the Court qf Bankrupt^, 

and have obtained an Interim Order for ProteeOan from 

Proeees, 

John See, Cambridge, mail contractor, March 82 nt 10, 
County Court of Cambridgeahire, at Cambridge.— Jo*. Fta, 
Bedford, carpenter, Maroh 26 at 11, County Court of Bed- 
forddkire, at Bedford* — John Young, Bedfonl, lioenaed vic- 
tualler, March 26 at 11, County Court of Bedfordshire, st 
Bedford. — Mary Ann Abrahams, Nantwich, Cheahire* dttie 
in amaU warea, March 31 at 11, County Court of Cheahtre, at 
Nantwich.— Charles Statham, Little Miasenden, Bookm^iam- 
ahire, out of buabeas, March 12 at 11, County Court of Bud^- 
inghamshire, at Chesham. — Jamee Camhray, Great Miaaoi- 
d^, Buckinghamshire, saddler, March 12 at U, Connfcj Covrt 
of Buckinghamshire, at Chesham.— -/oAii Steptoe, Noithleigh« 
Oxfordahire, farmer, Mardi 25 at 12, County Court of Ox- 
fordahire, at Witaey. "Joseph Smith, Ardwick, Manchestar, 
builder, March 19 at 1, County Court of Lanoaahire, at Maa- 
ofaeiter.— /oAn Thomas Andrews, Mancheater, aboemakxr. 



THE JURIST. 



83 



March 19 «l 1, Cmmty Coort of Laoeathire, at Manchester.— 
lUibert Smiik, Southwold, grooeri March 18 at 12, County 
Court of Suffolk, at Halesworth.— /Mm MUl$, Worlingham, 
Suffolk, wheelwright, March 16 at 12, County Court of Snf- 
folk, at Beodea.— 7!lof. lUeikam, Snape, Saffolk, thatcher, 
March 19 at 10, County Court of SaA>lk, at Framlmgham.— 
Robt. Smiik, King's Langley, Hertfordshire, tailor and hatter, 
Mardk 19 at 10, County Court of Hertfordshire, at Watford.— 
Sarah Bnklie, widow, Birkenhead, Cheshire, dealer in basketa, 
Much 19 at 10, County Court of Cheshire, at Birkenhead.— 
John rotary. Chipping Wycombe, Buckinghamshire, brick- 
layer, Martsh 16 at 11, County Court of Buckinghamshire, at 
High Wycombe. — I%o§. Piliing, Birtle-cnm.Bamford, Lan- 
csvhiie, cotton waste spinner, March 24 at 11, County Court 
of Laneaahire, at Bury. — W. Jenkim, Newcastle-upon-Tyne, 
print publi^er, March 25 at 10, County Court of Northnm- 
beriand, at Newcastle-upon-Tyne. 

7%€ fiittowiMg Penom, who, on their ieveral PeHtioiu filed 
m f Ae Cowri, have obtained Interim Orders for Protection 
/rom Proeeu, are required to appear m Ootart ae herein- 
eifier eeaniimud, at the Cowt-houeef in Portugal-etreet, 
JUmaaim'e Inn, aefollowe, to be examined and dealt with 
meaordinf to the Statutes — 

Mareh 24 af 11, b^ore the Chibv CoMinaaiONVK. 
Daniei Weet, Edmnnd-st., Addington-square, Camberwell, 
Surrey, timber merchant.— JBdw. Btynolde, Red laon-street, 
Cletkenwell, Middlesex, file cutter.— iln/Aoiiy Mahon, Ports- 
mouth-place, Kennington-lane, Surrey, tobacconist. — Matt, 
Webeter, Qneen-st., King street, Camden- town, Middlesex, 
carpenter. 

March 25 at 10, brfore Mr. Commietioner Law. 
Robert Jamee Adame, Hunter.st., Old Kent-road, Surrey, 
ommbus driver. — John Beckett ^ Peacock 's-terraoe, Walworth, 
Surrey, derk to the London and North-western Railway Com- 
paay. 

Saturday, March 6. 

TkafoUeming Aesigneee haee been appointed. Farther par- 

iieuiare may be learned at the Offlee, in Portugal'et., 

Linealn'9'inn-fielde, on giving the Number qf the Caee. 

Sdward Snowdon, York, iron merchant, No. 72,321 C. ; 

Itidiard Mills, assignee. — Joseph Read, Holbeck, near Leeds, 

Yorkshire, commercial traveller, No. 74,657 C. ; Wm. Field, 

fMiigniT --Fliritbrth Redfeam, HoUingworth, near Rochdale, 

Laneaahire, widow, No. 74,634 C. ; Thos. Wm. Whitehead, 



Saturday, March 6. 

CMtra hate been made, vesting in the Provisional Assignee 

the Estates and Bfects ofthe/ollowing Persons:— 

CQn their own PetitionsJ . 
WiOum Benrg Chamberlin, Mount-row, Li?erpool.road, 
lalingloBv Middlesex, ilshmonger : in the Debtors Prison for 
Lon(£mand Middlesex.— FTtZ/tam Ha^^, Woolwich, Kent, 
lioeued beer retailer : in the Debtors Prison for London and 
Middlesex.— i7«iiry Goring, Hayea, Uxbridge-road, Middle- 
asK, butcher : in the Debtors Prison for London and Middle- 
xr. — RUhard Hodder, Dean-street, Soho, Middlesex, boot 
maker : fai the Debtors Prison for London and Middlesex. — 
Tkae. Cooper, King William-street, London, artist: in the 
Queen's Prison. — Henry Bdward Buekmaster Coe, John-st., 
Bedford-row, Middlesex, architect : in the Queen's Prison. — 
JBtfv. Ooodmin, John-st., Bedford-row, Middlesex, architect : 
in the Queen's Prison.— Cm. Northcote, Dudley-place, Har- 
row-nad. Padding ton-green, Middlesex, dealer in butter and 
poalttry : In the Debtors Prison for London and Middlesex. — 
Joe. Taylor Durrani, Widford, near Chebnsford, Essex, cattle 
dealer : in the Debtors Prison for London and Middlesex. — 
J^anb P^rankenstein, Moorhall-plaee, Kenninston-lane, Vauz- 
haU, Sorr^, commission agent : in the Debtors Prison fbr 
Looion said Middlesex.— IF. Cotfhoad, London-road, South- 
wvk, Surrey, and Reading, Berkshire, watehmaker : in the 
Qneen'fr Prison.— 5aimi«/ Priddle, Princes-st., CaTendish- 
aqoafe, Middlesex, tailor : in the Queen's Prison*— FKtlftem 
Golden, Shaftesbury- st., New North-road, Middlesex, cheese 
tSfdUx : in the Debtors Prison for London and Middlesex.— 
> Bam, Vietoria-plaoe, Haekney-road, Middlesex, rope 
hehirer : in the Debtors Prison for London and Mid- 
L— ITffi. Mills, Lyndhurst-sqnare, Camberwell, Surrey, 
eommerdal derk: in the Debtors Prison for London and 



Middlesex.— /oMipil John Wild, Pump-row, Old-street-road, 
Middlesex, cabriolet proprietor : in the Debtors Prison for 
London and Middlesex.-A/oAii Beek, Carlisle, Cumberland, 
hii^eeper : m the Gaol of Carlisle.— iSsaMie/ Philip, Brigh- 
ton, Sussex, paperhanger : in the Gaol of Lewes.— /. TWnery 
Manehester, licensed victaaller : in the Gaol of Lancaster.— 
John Wright, Pant, Ruabon, DenlHghshire, publican : in the 
Gaol of Ruthin.—/. Boor, Hoibeaeh, Lincolnshire, plumber : 
in the Gaol of Lincoln.— Alwm Forth, Oldham, Laneaahire, 
licensed victualler : in the Gaol of Laiacaster. —ito^erf Bri* 
cheno, Fnlboume, Cambridgeshire, horse dealer : in the Gaol 
of Cambridge. — Bet^famin Appleton, Segontiura-terrace, Car- 
narvon, out of business: in the Gaol of Camarron.-^ 
WilUam Hole, Aberdare, Glamorganshire, publican : in the 
Gaol of Ruthin. — Wm. Cooke, Northampton, com dealer by 
commission : in the Gaol of Northampton.- JRoderl Oeorge 
Clabbum, Norwich, Norfolk, surgeon. dentist : in the Gaol of 
Norwich.— Jisflieff H. Hepworth, Alrerthorpe, near Wakefield, 
Yorkahire, commercial traveUer : in the Gaol of York. — Wm. 
Suthers the younger, Ipswich, Suffolk, trayeller to a tobacco- 
pipe manufacturer : in the Gaol of Ipswich. — Joseph Briscoe, 
Heaton Norris, Lancashire, out of business : in the Gaol of 
Lancaster. — Bdward Banks, Chorley, Lancashire, millwright: 
in the Gaol of Lancaster.^^enry Banks, Chorley, Lattcashire, 
labourer : in the Gaol of Lancaster. — Wm. Chadwick, Man- 
chester, tailor : in the Gaol of Lancaster. — Bdward Fawcettf 
Salford, Lancashire, rag and bone dealer : in the Gaol of Lan- 
caster. — Wm, Hudson, Cheetham, Manchester, buteher: in 
the Gaol of Lancaster. — John O. Lawrence, Upton-upon- 
Serem, Worcestershire, lieutenant In the Bengal Infantry : in 
the Gaol of Worcester.— £/ia« Levy, Manchester, toiler : in 
the Qnol of Lancaster. — /oAn Leigh, Ashton-under-Lyne, 
lisncaahue, ale dealer: in the Gaol of Lancaster.— /m^A 
Levy, Manchester, trsfelkr : in the Gaol of Lancaster.*— 7*. 
Newton, Ashton-under-Lyne, Lancashire, beer seller : in the 
Gaol of Lancaster. — Alfred Smith, Scholes Wigan, Lancaahirot 
beer seller: in the Gaol of Lancaster. — Samuel Siddeley, 
Salford, Lancashire, buteher: in the Gaol of Lancaster.— 
Pi^aneis Winmngton, Chorlton-upon-Medlock, Manchester, 
pork buteher: in the Gaol of Lancaster.— /auieff Walker, 
Speen, Berkshire, attomey-at-law : in the Gaol of Monmouth. 

T%e following Prisoners are ordered to be brought up brfore 
the Court, in PortugaUstreet, to be examined and dedU 
with according to the Statute:— 

March 23 af 11, b^ore the CHixr Commissionbr. 
James Butcher the elder, Lower Marsh, Lambeth, Surrey, 
out of business.^RicAanf R. Pond, Upper Wellington-street, 
Strand, Middlesex, proprietor of the ConserratiTe Magasine. 

March 25 at 10, brfora Mr. Commissioner Law. 
Joseph Goc^ree, Charles-place, Hertford-road, De Beau- 
▼oir-town, Kingsland, Middlesex, baker. — Wm. L. Tkyfor, 
Peacock-st., Walworth, Surrey, out of busineas. 

March 2b at II, b^fitre Mr. Commissioner Phillips. 
Wm. F. L, Btatchenay, Great Ormond-street, Queen-sq., 
Middlesex, wine merchant.— CAor^ Burford, Wellclose-sq., 
St Gkorge's-in-the-£ast, Middlesex, cabinet maker.— /ofipik 
Cocking, Tachbrook-st., Middlesex, in no employment.— O. 
Common, Skinner-street, Clerkenwell, Middlesex, watch-case 
manufocturer. 

The following Prisoners are ordered to be brought tqi before 
a Judge of the County Court, to be CMominad and dealt 
with according to the Statute .— 

At the County Court of Bedfordshire, at Bbdfoed, March 
26 of 11. 
Jacob Schwars, Bedford, dealer in German clocks. 

. At the County Court of Oamarvonshiref at Cabnarton, 
March 29 at 10. 

Benjamin Appleton^ Caniarfon, out of bushiess. 
Insoltbmt DsBTORa' DinoBMoa. 

Thomas Williams, Woolwich, Kent, shoemaker : 1«. 2id. in 
the pound.— fTm. Coulthurstt Crimpsall, near Manchester, 
builder: 2s. 61d. in the poaad.— Richard Sknore, Lahora- 
terraoe, Croydon-eoaimon, Surrey, aasiatant surreyor of taxes : 
llitf. in the pound.— Jttciterd Roberts, Liverpool, superan- 
nuated master, R.N.: 5«. 5il. in the pound. — James HaUf 
Brighton, Snaiext buteher: U. 2^(1. hitiie pound.— ITa/fsr 



84 



THE JURIST. 



Henokim, Paris-tt., Lambeth, Surrey, plaaterer: It. 9iif. in 
fhe pound.—- /aiNM R. Anderum, Great RufMll-st., Blooms- 
bury, Middlesex, lessee of Dniry-lane Theatre t 9|if. in the 
pound.— /am«9 Hareroe, Salisbury-eourt, Fleet-st., London, 
cheesemonger : 2i. 6\d. in the pound.— IT. Joyce, Stratford, 
Middlesex, saddler : 3«. 0^. in the pound.— TAm. Chidhw, 
Park-place, Kennington-cross, Surrey, ironmonger: 5f. 5(f. 
in the pound. — Thwmat Haynlden, Warlincham, Surrey, 
grocer: If. 7^. in the pound. — John Oooayer, Emneth, 
Norfolk, labourer : 12«. 3<f. in the pound. — Mary Asm 
Maekey, widow. Upper East India-buildings, Poplar, Middle- 
sex : 8«. 5i<7. in the pound. — fFm. Flowerdew, Commercial- 
place, Kingsland-road, Middlesex, oil and ooUmr man : 7i<f. 
m the pound. — Wm, Brew, Pnrston, near Wakefield, York- 
shire, brewer : 2t. in the pound.— Geof7« BalU, Stowmarket, 
Suffolk, tailor : U. lO^d. in the pound. 

Apply at the ProvUionai Atngneee* Offlee, Portuyal'tireet, 
Lincoim'e^irm-Jlelde, London, between the koureqfW and 3. 

Tkomae HanJtinef Parkhold, Herefordshire, farmer, March 
16, Gregg & Son's, Ledbary, Herefordshire : I2t. O^d, in the 
pound, (making, with a prior dividend, 20f. In the pound). — 
Edward Bell, Oxford-st., Middlesex, fishmonger, March 18, 
Wootton's, 10, Tokenhonse-yard, Bank: 3«. lid. in the 
pound. 

— ^ 

The Queen has been pleased to direct letters-oatent 
to be passed under the Great Seal of the United ISling- 
dom of Great Britain and Ireland, appointing John 
Domey Harding. Esq., D.C.L., to be ner Majesty's 
Adrocate-General, in the room of Sir John Dodson. 

Mastsr in Chamcbrt. — The Lord ChanceHor has 
appointed William Parkes, of * WiUenhall, Stafford- 
imire, Gent., to be a Master E2xtraordinary in the 
High Court of Chancery. 

. Lux OP Sheriffs for 1852.— In the List of Sherifis, 
&c. for 1862, (ante, p. 63), the asterisk before North- 
amptotuhire (intimatmg that warrants are md granted 
in town for that county) should haye been omitted. 
Warrants for the county of Northampton conHnue to be 
granted in toufn as heretofore. 

In the list of appointments made by the Lord Chan- 
cellor last week, we omitted to mention the following: 
PurmbMrer^ Mr. John Doherty. 



DARrS VENDORS AND FURCHA8ER8.-«acoyi> Edition. 
In a hm dArs will be pnbliahed, In Svo., price 2U. boards, 

A COMPENDIUM of the LAW snd PRACTICE of 
VENDORS and PURCHASERS of REAL ESTATES: com- 
5 rising the Authoridet down to the present tlOM. Second Edition. By 
. HENRY DART, Esq., Banfater at Law. 

Stevens St Norton, Bell-yard, Unootai's-iiui. 



OORHAIC V. THE BISHOP OF EXETER. 
This day is pablished, in toyal 8toh price 18«. doth lettaved, 
nnHE CASE of the REV. 6. C. 60RHAM, against the 
•<• BISHOP of EXETER, as heard and determined by Uie JudieUl 
ConuBittee of the PtItt Council, on appeal ftom the Arches Coart of 
Canterbttiy. By EDMUND F. MOORE, Esq., M. A. , Barrister at Law. 
Stercna ft Norton, 26, Bell-yud, Liacoln*s-inn, Law Booksellers and 
Pnblishen. 



JEREMY'S DIGEST FOR 1851. 
This day is published, in royal Svo., price Ss. boaids, 

AN ANALYTICAL DIGEST of the Rmoita of Cases 
decided in the Comts of Common Law and Equity, of Appeal 
and Niri Prins, and in the Ecclesiastical Courts, in the year 1851. 
In coodnoation of the Annnal Digest by the late HXNR7 JERSMT, 
Esq., of the Middle Temple, Barrister at Law. By W. TIDD PRATT, 
Esq., of the Inner Temple, Barrister at Law. 

Sterens 8t Norton, 86, Bell-yard, Llneoln's-lnn. 



This day is published, price 6s. 6tf., neatly beoad, 

THE LAW LIST for 1852, oontahiiiig the only authorised 
Lists of 0«rtiflcated Attomies, ftc, Ibr 1858. By WILLIAM 
POWELL, of the Inland Revenue Office, Registrar of Certificates. 
Sletena ft Norton, Bell-yani, Ltnooln's-lnn. 



HEADLAM*8 TRUSTEE ACT, I850.-8xcoiid Esnxoir. 
JustDubllebed, 

THE TRUSTEE ACT, 1850, with an Introdvedon, Notes, 
and aa Index. By T. S. HEADLAM, Esq., M.P., one of her 
M^esty's Counsel. Second Edition, with the Cases decided upon the 
Act to the present time. To which are added the TRUSTEE RELIEF 
ACTS, with the GENERAL ORDERS and CASES. 

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No> 793— Vol, XVL MARCH 20, 1852> Price U., with Siyplemeni, 2s. 

NAMES OF THE CASES REPORTED IN THIS NUMBER. 



Court of Chancery. 
Smith V. FSncombe. — {Famiiy Compromiie — Pariiei-' 
Afipeal^Cotis) 205 

Court of Appeal in Chancxry. 
Jm re WohrerfaamptOD, Che8ter« and Birk«nfaead Jnnc- 
tkm Railway Company, and m re Joint-stock Com- 
panies Winding-up Acts — Bx parte Dale. — (Prow- 
mmuU Onmwtitteeman aectpting Shares — Liability 
qftOaComtrihutory) 207 

Rolls Court. 
Stuart v. London and North-western Railway Com* 
. yanj^^Spteifie Performanet^RaHway Cownpany 
^Lachew—Certamiy m Contract) 209 

Vice-chancellor Turner's Court. 
Rochlbrd, v, Hackman.~(iif«/ram/ on Alienaiioi^^ 
Tenant for Li/e insolvent),, 212 

Vicb-Chancellor IQnbbrslet's Court. 
¥eaT9ev.Co]e,^{Next Friend^ Solicitor^Coitt) .. 214 



Yicb-Chancellor Parker's Court. 
Re Direct Ei^eter, Plymouth, and Deronport R«Qway 
Company— £x parte Tanner. — {Contriiuiory^^ 

Besly'e cate) 214 

Court of Quern's Bench. 
Reg. V, Great Western Railway Company, (m re Tile- 
. harstPoor-rate). — (Rating BraneMRoHway^Prin^ 

eiple of Aaeeement^Allowaneee) 217 

Bail Court. 
Lewis r . Dyson. — ( Taking Drfendant in Bseeuiion cfttr 
registeHngJudgment—l Sf 2 Vict. c. 110, m. 16. 19) 222 

Sjp parte .'-{Attorney—Renewal of Certiji* 

cate) 222 

Court of Common Pleas. . 
Beer v. Beer.— (^c/ion of Account—Leaee by Tenants 

in common — Apportionment) 223 

pREROGAjiLyE Court. 
Brenchley p. Lynn. — {A Codidil^' revoking all Testa' 
mentary Instrmnents is entitled to Probate— Bvi^ 
dence of Execution) 226 



LONDON, MARCH 20, 1852. 

l»iB mode of ateetfteining the rateable value of a 
poition of lailway in any given parish has long been, 
and, notwithstanding the recent judgment in the case 
of Beg. y. l%e Great Western Railway Companyy (16 
Jor., part 1, p. 217), still continues to be, vexata 
qusstio. The truth, perha^ is, that the maltars in 
dispute are not properly questions of law, but involye 
the consideration of the principle on which that portion 
of the profit which is the subject-matter of rate is to 
be calculated, so as to confine it to the local earnings. 

The law on the subject is exceedingly well digested, 
and stated with great perspicuity, in Mr. Hodgson's 
Treatise on Railway Rating. 

The first cases in which the subject engaged the at- 
tention of the Court (B^. v. The London and South- 
tcestem Baiiway Ompany^ 1 Q. B. 658; 2 G. & D. 68; 
6 Jar., part 1, p. 686; and Beg. v. 7^ Grand Junc- 
tion Baiiway Con^f^^ 4 Q. B. 18; Dav. & M. 237; 
8 Jur., part 1, p. 608) were foT'the most part con- 
fined to a consideration of whether the rateable value 
should be calculated on the tolls authorised to be 
taken under the Railway . Acts, or on the value of 
the land occupied for the purposes of a railway. 
It is, perhaps, to be regretted that the Court felt 
themselves compelled to adopt the latter alternative, 
as the former presented a ready and substantially a 
just mode of rating, without involving the necessity of 
diaseeting the accounts of railway companies in order 
to ascertain the profit of trade, the deduction of which 
from the local earnings is in practice the great embar- 
TRSsment in arriving at the rateable value of any given 
portion of a line of ndlway. 

The next case. Beg. v. The Great Western Baiiway 
Vol. XVL J 



Company y (the first Tilehurst case), (6 Q^ B. 179, 203; 
10 Jur., piot 1, pp. 134, 138), involved the allowande 
of certain deductions only. It was there assumed thftt 
the annual parochial earnings, minus the annual ex- 
penses and trade profit, calculated at an uniform rate 
per mile over the whole railway, constituted the rateable 
value of the portion in the particular parish. 

The parochial earnings are always ascertainable, the 
charge for carriage of passengers and paix^ls being a 
mileage charge; they therefore depend on the trafiic, 
which is always at one uniform amount per mile be- 
tween station and station; although, as the traffic 
between some stations is greater than that between 
others, they are not at one uniform rate per mile 
throughout the railway, but vary with the traffic. 
The amount, however, with which they are to be 
debited, in respect of the annual expenditure and the 
profit of trade, is a matter, perhaps, incapable of being 
ascertained with perfclct accuracy, and an approxima- 
tion to it only can be arrived at by calculation. To 
deduct from the earnings of every mile of railway the 
same amount ' as representing the annual expenditure 
and the profit of trade on such earnings, is manifestly 
unjust; because it assumes, not only that the expendi- 
ture is the same, but that the profit is as great where 
the traffic is least as where it is greatest, whereas many 
items of expenditure depend upon the traffic ; and it is 
clear that the profit of trade must have an immediate 
relation to the traffic receipts. A mileage division, 
therefore, of the expenditure and trade profits; can never 
be just except where the traffic is equal over thri whole 
line, or a mileage division of the receipts is ifiiihitted by 
consent of the parties. . 

In the subsequent case of Be^. \; Th^ lioitiiak, 
Brighton^ and South- coast Baiiway Cm^^ j^^ <^ 



/^ 



86 



THE JURIST* 



B. 813; 15 Joe, part 1, p. S72) th« question was 
directly raised, whether the rate should be based on 
the actual parochial esnings or on a mileage division 
of the whole receipts; and the Couit decided that 
the rate must be nade on tlie f^num profits eamed by 
80 much of the railway as lies within Uie parish, 
deducting therefrom the expense incurred in respect 
o£ tiniit poiiioji or the caitway* On tfte nrn Tiew uie 
paiK^ple here laid down appeaxs as easy of applica- 
tion as it is clearly defined. The local earnings, minus 
the local expenses^ give the local net profits; and 
such profits, minus the tenant's profits including the 
profit on trade, give the rateable value. The Court, 
however, did not intimate any opinion how such 
expenses are to be ascertained, nor did those cases 
raise any such question. But it is clear that there is 
this preliminary inquiry — are all expenses local? If 
not, with what proportion of such expenses as are not 
local is the local traffic to be debited ? Now, the ex- 
penses to which a railway is subject are ordinarily 
comprised under the following heads :»-l. Manage- 
ment. 2. Maintenance of way. d. Locomotive power. 
4. Carriages. 6. Repairs and other expenses of sta- 
tions and buildings. 6. Parochial and public taxes. 
Without stopping to attempt a division of the local from 
the general expenses, it is clear that some of them are 
not local chaises. 

The next case which came before the Court, Beg. 
^, Tk€ Great WeHem Railway Company^ (the se- 
cond TiUhurst case)^ (16 Jur., part 1, p. 217), involved 
a consideration of this question. The parish there 
commenced their calculation by ascertaining what 
would be the rateable value of the whole railway if 
it were wholly situate in one and the same parish. 
The half-yearly accounts of receipts and expenditure 
furnished by the company to their proprietors render 
the provisions of the Parochial Assessment Act easily 
appUcable to such a consideration, there being, as it 
appears to us, no more practical difficulty in ascer- 
taining from those data what a tenant would give to 
rent a railway than what he would give to rent a farm. 
It becomes, however, necessary to deduct therefrom the 
rateable value of the stations, because, in practice, they 
are rated separately from the line, and their annual 
value, instead of being a source of profit, in sense of 
receipt, is a charge upon the traffic. This deduction 
being made, the rateable value of the line of road was 
ascertained. The returns of the company furnished 
two other data, namely, the actual annual receipts from 
the local traffic in the parish, and the actual annual 
receipts from the traffic of the whole line. Taking 
these data, the parish concluded that the rateable value 
of the portion of the line in the parish bore the same 
proportion to the rateable value of the whole line that 
the local receipts bore to the whole receipts. This was, 
in efi^ct, to say that none of the expenses are, properly 
speaking, local, but that the general expenditure is a 
charge on the local traffic, and that it is to be appor- 
tioned in the ratio which the local bears to the general 
traffic. 

The case came before the Court in the shape of an 

award, the question between the company and the 

parish having been referred to their respective counsel 

to state the racts on which the Court might determine 

2 



the rateable valne. It was aigned in Trinity Term of 
last year, and the Court appear to have &lt the difiiculty 
of distinguishing between local and general expenses. 
(See Eeff. v. ne Great TFssiem EaUway Company^ 
15 Q. B. d86, note (a)). They did not, however, 
give any judgment in the first instance, but confined 
themselves to a general statement of the difficulties in< 
Tohnsd m tin cast, cxpresRng a nope tiutt before tiie 
next term Parliament might interfere to relieve thtm 
from the difficult position in which they were plaoed 
when called upon to administer the existing law with 
respect to the rating of railways. (See 16 Jur., part 1, 
p. 219, note). 

In the following vacation the very able pamphlet of 
Mr. Smirke was published, in whidi the difficulties 
which beset the subject are stated with great fairness. 
We shall avail ourselves largely of his views, because his 
great experience gives the weight of authority to what' 
ever he advances. His opinions vrith regard to local 
expenses so coincide with our own, that we shall state 
them in his own words. '^ The division of fiares or 
freight by a mileage in each parish, or intermediate 
fraction of the permanent way, however convenient, is 
purely conventional ; and as to the expenses, at least 
four-fifths of the current sources of expense hare no 
attribute of locality at all, and cannot be referred to any 
particular part of the railway.'* (Vide p. 14 and the 
note, which further limits the local expenses). 

We also agree with him that the publication of their 
accounts exposes the property of railway companies to 
a higher rate of assessment than that which affects 
other descriptions of property in the parish. i 

His proposition, by way of remedy for the existing 
uncertainty and inequality of the assessment, is, that 
the net annual value of the entire railway should be 
divided in the ratio of the traffic between station and 
station throughout the line, and that the resulting 
sums should be subdivided in the ratio of the area oc- 
cupied by the company in each parish between station 
and station. He also proposes that one-third of i^^ 
net receipts of the railway should be considered to be 
the rateable value of the entire railway, to be appor- 
tioned in the same manner between the inter-Btational 
divisions of the railway, and then subdivided in the 
ratio of the area occupied by the company in each 
parish. Thus the rateable value of the entire railwaj 
would be to the rateable value of the inter- stational 
portion as the traffic of the whole railway to the traffic 
between such two stations; and the rateable value of 
the portion of the railway in any parish between such 
stations would be to the rateable value of the inter- 
stational portion as the area in that parish is to the 
whole inter-stational area. 

In this mode it becomes unnecessary to separate the 
rateable value of the stations from that of the Hne of 
railway. Whether this is altogether just will be after- 
wards considered ; but, with this exception, the mode 
proposed by Mr. Smirke does not essentially differ from 
that adopted by the respondents in the second IHlehuri^ 
case. It is assumed, conclusively, that the expense 
between station and station is in the exact ratio of the 
traffic. The rateable value of the whole is, therefore, 
to the rateable value of the part in the ratio which the 
traffic of the whole bears to the traffic of the part. 



THE JURIST. 



87 



Bnt this is the veiy principle contended for by the 
parish in the TiUkurst ease; and we belieye, with Mr. 
Smirke, that it is ^ an assumption to a great extent 
well founded in fiEict f* that it afiPords the closest ap- 
proximation to the abeolute net profit of any given 
portion of a railway; that it is *^a natural and rational, 
though arbitrary method of surmounting an admitted 
^fficulty;** and that it is ^unjust to no party." 

The amount to be deducted in respect of tenant's 
profits, including the profit of trade, is a question of 
het to be determined upon the evidence of those expe- 
rienced in such ralnationsL Whether Mr. Smirke has 
allowed too much or too little under this head we do 
notxmdertake to detennine; but we agree with him 
that such profit must be calculated upon the entire 
xnlway. 

The annual value of the stations is a charge upon all 
tnfl&c proceeding firom or arriving at such stations; it 
is an expense necessary to earn such traffic. To debit, 
tberefiire, the traffic between station and station with 
the expense of the stations lying within the area occu- 
pied by that peiiion of the railway would be mani- 
liestly unjust, because a portion of the traffic proceeding 
firom such stations passes beyond such inter- stational 
q^aoe. For instance, the expense of the whole goods 
and paasenger stations at Faddlngton would be a chaige 
upon the fares earned between Faddington and the first 
station out of London, although the major portion of 
the traffic emanating from that station would pass fiur 
beyond. It appears to us, therefore, that it is nearer 
the troth, though not absolutely accurate, to consider 
the expense of stations a general chaige on the whole 
traffic, and an item of deduction from the general 
receipts. This also is in accordance with the judgment 
of the Court in the case of Reg. v. The HammeremUh 
Bridge Company, (15 Q. R 369; 13 Jur., part 1, p. 
IflO*). 

We have thought a statement of the previous deci- 
ac/oa, and the suggestions of Mr. Smirke, necessary to 
an examination of the judgment which the Court finally 
gave in the second TUehurei ease; because we can only 
undexvtand it on the suppositbn, that the counsel for 
the reipondents did not succeed in making the Court 
iiilly comprehend the statement of their case. The 
Court say, (16 Jur., part 1, p. 222), " The respondents 
have taken the deductions at the same rate for every 
mile of the railway ; for they say, ' as the gross receipts 
of one mile to the gross receipts of the whole, so the 
rateable value of one mile to the rateable value of the 
whole.' This is, in effect, to strike off firom the gross 
receipts of a mile an aliquot part of the sum which is 
struck off from the gross receipts of the whole, and 
aasumes, at least, that the^xpenses are at one uniform 
zate throughout the whole line." 

This is evidently not the case; the deductions are 



* 'Mf the entirety of the works can be divided into two parts, 
the first directiy prodndng theyalne, and the second ind^ctly 
condneing to sach prodQCtiony such division should be made. 
Then all the expenses incidental to the second part, including 
the rates to which it may be liable, being deducted from the 
gross proceeds, and the net rateable value bdng ascertained, 
soeh value is to be apportioned among the districto in which 
the first part, vis. the part directly producing the value, is 
sltoate, in the ratio of the proportion of that value produced in 
each district." (15 Q. B. 377; 13 Jur., part 1, p. 192). 



taken in the ratio of the gioas receipts^ which vaiy 
between station and station, and are equal only in those 
parishes which lie between the same inter-stational 
spaces. It is the more remarkable that the Court 
should have come to this conclusion, as they subse- 
quently notice the statement that the gross receipts are 
not at one uniform rate per mile throughout the entire 
r^lway. But if they are not, then the effect of the 
proportion stated by the Court will be, not to strike off 
from them an aliquot part of the sum which is struck 
off from the gross receipta of the whole, but a part 
proportionate to the traffic. 

This, for the reasons so well stated by Mr. Smirke, 
we are disposed to think is the true deduction to be 
made. In truth, the calcuktion of the profit of trade 
compels this mode of apportionment. ThiL as it ap- 
pears to us, must be ascertained by a consiaeration of 
the result of the whole concern — ^the total expenditure 
must be deducted from the total receipts. Each por- 
tion of the line is essential to earn, not only the lares 
paid for passing over that portion alone, but also the 
fares received from traffic traversing that portion in 
the course of a longer journey. It follows, therefore, 
that the trade profit must be deducted hora the whole 
noBs receipta, and the local gross receipto are therefore 
oiminishea by such deduction in the proportion they 
bear to the whole receipta. But^ if so, the general ex- 
penses must also be apportioned m the same ratio. 

The statement in the case, *^ that the actual expenses 
of the company are not in the proportion of the actual 
gross receipts,'^ appears to militate against this appor- 
tionment. This IS undoubtedly the case. It is wdl 
observed by Mr. Smirke, that *^ receipts are the result 
of traffic; but the expenses of running a tndn and re- 
pairing the way are the same, or nearly so, whetiier the 
carriages be empty or full.** (P. 14). 

In practice, tne expenditure must always be sufficieHt 
to support the greatest amount of traffic ; but the traffic 
varies from day to day, and seldom reaches ita highest 
point. But it appears to us that this is consistent with 
the proposition, that the expenditure with which the 
earnings of a portion of the line are to be charged bears 
the same proportion to the whole expenditure as those 
receipta bear to the whole receipts. 

THE COPYRIGHT AMENDMENT BILL. 

Thb following is a short abstract of the Copyright 
Amendment Bui which was brought in by tne bte 
Grovemment, and will probably be proceeded with in 
ita present or in some modified form : — 

The preamble recites the International Copyright 
Act, (7 & 8 Vict. c. 12 ), and the late convention be- 
tween the Crown and tne French government. 

Sect. 1 repeals the 18th section of the 7 & 8 Vict, 
c. 12, which excluded translations of books protected 
by that act from ita provisions. 

Sect. 2. Her Majesty may, by order in council, direct 
that the authors of books to be Tafter a future time to 
be mentioned in such order) published in foreign coun- 
tries may, for a limited time, ^not to exceed five years), 
prevent unauthorised translations. 

Sect. 3. Thereupon the law of copyright shall extend 
to prevent such translations. 

Sect. 4. Her Majesty may, by order in council, direct 
that the authors of dramatic works represented in 
foreign countries may, for a limited time, (not to ex- 
ceed five years), prevent unauthorised translations. 

Sect. 5. Thereupon the law for protecting the repre- 
sentation of such pieces shall extend to prevent unau- 
thorised translations. 

Sect. 6. Fair imitations or adaptations of dramatic 
pieces not to be prevented. 



88. 



THE JURIST. 



Sect. 7. All articles in newspapers and periodicals 
relating to politics may be republished or translated ; 
also all similar articles on any subject, unless the author 
hasy on the face of the publication, notified his intention 
to reserve the right. [This clause seems to require the 
addition, at the end, of the words '* published in the 
sam^ foreign country.'*] 

Sect. 8. Conditions to be performed in order to obtain 
protection for translations : — 

1. Original to be registered and copy deposited, 
according to provisions of International Copyright 
Act, within tnree months of firat publication. 

2. Notice of intention to reserve right of trans- 
lation to be placed on title-page. 

3. Authorised translation to be published either 
in country where original is published or in this 
country, within a limited time, (to be commenced 
within one year, and completed within three years, 
of such registrat ion ). 

4. Authorised translation to be registered within 
a time to be limited in order. 

6. As to books published in parts, each part to 
be registered and deposited within three months. 

C. As to dramatic pieces, authorbed translation 
to be published within three months of registration 
of original. 

7. Articles in newspapers to be included in the 
above regulations only if afterwards published in 
a separate form. [What does this mean ?] 

Sect. 9. Pirated copies not to be imported, and may 
be ^ized and destroyed. 

Sect. 10. Foregoing provisions and International 
Copyright Act to be read as one act. 

Sect. 11. French translations to be protected as here- 
inbefore mentioned, without further order in council. 

Sect. 12. Rates of duty on French books and en- 
gravings (under 9 & 10 Vict. c. 58) not to be raised 
during treaty with France. If further reduction is 
made for other countries, it may be extended to France. 

Sect. 13. Provision for determining to what duty 
certain works, partly of French and partly of British 
origin, are subject. 

Sect. 14. The provisions of 8 Geo. 2, c. 13 ; 7 Geo. 3, 
c. 38; 17 Geo. 3, c. 67; and 7 Will. 4, c. 59, are to in- 
clude lithographs and prints of every kind. [Will this 
extend to prints of ordinary patterxis on calico ?] 

As the bill is not limited to its principal object, but 
taklBs so wide a range as to include the amendment of 
the law relating to engravings, there seems to be no 
reason why it should not include a general amendment 
of the law of copyright. Perhaps there is scarcely time 
for the preparation of an act in lieu of the very ill- 
drawn act of 5 & 6 Vict. c. 45, incorporating the pro- 
visions of the 5 & 6 Will. 4, c. 65, as to lectures, but 
some important amendments might be inti*oduced with- 
out much trouble. A crying evil is the want of any 
efficient registry of title to copyrights. As the law 
now stands, an author may sell or incumber his copv- 
right ten times over without it being possible for the 
narties with whom he treats to discover whether he 
lias previously dealt with it. A compulsory register 
of title to copyright ought to be established, but the 
registry should be under the regulation and responsi- 
biuty of the Government, and not left to the care- 
less superintendence of the Stationers' Company. The 
distinction between engiravings and books as to copy- 
right, which, as the law stands, is senseless, and raises 
difficult questions, should be abolished. If a registry 
of copy right were established, there could be no objec- 
tion to this. An intelligible enactment should be sub- 
stituted for the J 8th section of the existing Copyright 
Act, which was intended to provide for the title to the 
different parts of a publication containing contributions 
by several authors. 

4 



lonDon (Safeties. 

FRIDAY, Mabch12. 
BANKRUPTS. 

DANIEL KEITH and THOMAS SHOOB RIDGE, Wood- 
street, Cheapside, London, warebousemen, dealers and chap- 
men, March 24 at I, and April 23 at 12, Court of Bank, 
raptcy, London : Off. Ass. Stansfdd ; Sols. Reed & Co., 
Friday- Rtreet, Cheapside. — Petition filed March 9. 

STEPHEN LUDLOW, Oj[ford, builder, dealer and chap- 
man. March 19 at half-past 11, and April 22 at 12, Court 
of Bankruptcy, London : Off. Ass. Bell ; Sols. Holme & 
Co., New.mn, Strand.— Petition filed Feb. 13. 

ISAAC MORRIS, Derby, innkeeper and cattle dealer, 
dealer and chapman, March 26 at 12, and April 16 at half- 
past 1 , District Court of Bankruptcy, Nottingham : Off. Ass. 
Bittleston ; Sol. Smith, Derby.— Petition filed March 11. 

WILLIAM N<OBLET, Blackpool, Lancashire, post-hotse 
keeper, March 23 and April 14 at 11, District Court of 
Bankruptcy, Liverpool : Off. Ass. Cazenove ; Sols. Win. 
Stanley & Chamley, Preston ; Evans & Son, LiTerpooL— 
Petition filed March 10. 

WILLIAM FROST, Macclesfield, Cheshire, silk throirster. 
March 19 and April 22 (and noi the 27th, as advertised 
in last Tuesday's Gazette) at 11, District Court of Bank- 
mptcy, Manchester : Off. Ass. Lee ; Soli. Worthington & 
Earle, Manchester ; Fox & Son, 40, Finsbury-drciu, Lon- 
don.— Petition filed March 6. 

JOHN STARK, West Rainton, Durham, grocer, draper, 
dealer and chapman, March 19 and April 29 at 12, District 
Court of Bankruptcy, Newcastle-upon-Tyne: Off. Ass. 
Baker ; Sob. Armstrong, Newcastle-upon-Tyne ; Shield & 
Harwood, 10, Clement's-lane, Lombard-street, London. — 
Petition filed Feb. 23. 

JOHN RYMER, Gateshead, Durham, paper manufacturer, 
March 19 at 11, and April 29 at 1, District Court of Bank- 
ruptcy, Newcastle-upon-Tyne: Off. Ais. Wakley; Sob. 
Harle, Newcastle-upon-Tyne, and 20, Southampton-buiid- 
ings, Chancery-lane, London.— Petition filed March 1. 

McuTiNas. 
Wm. Knock, Eton, Buckinghamshire, nurseryman, April 2 
at 11, Court of Bankruptcy, London, last ex. — Wm, Hart- 
ridge, Milton next Sittingboume, Kent, draper, March 30 at 
half. past 12, Court of Bankruptcy, London, last ex. — Riekard 
Billing the elder and Richard Billing the younger, Reading, 
Berkshire, brickmakers, March 26 at 1, Court of Bankruptcy, 
London, last ex. of R. Billing the elder, ^George CheetAam 
and George William Gill, Strood and Frinsbury, Kent, ^ip- 
wrights, April 1 at 11, Court of Bankruptcy, London, and. ac. 
— leaae Abrahams, Liverpool, tailor, March 25 at 12, District 
Court of Bankruptcy, Liverpool, aud. ac. — Samuel Glenny, 
Liverpool, commission merchant, March 25 at 11, District 
Court of Bankruptcy, Liverpool, aud. ac. — J. Roberta, Rhyl, 
Flintshire, innkeeper, March 25 at 11, District Court of Bank- 
ruptcy, Liverpool, aud. ac. — JohnAdeme, Halghton, Hanmer, 
FUntsbu-e, cheesefactor, March 23 at 11, District Court of 
Bankruptcy, Liverpool, aud. ac. — John CuttM, Wolverhamp- 
ton, St^ordshire, grocer, March 29 at half.past 11, District 
Court of Bankruptcy, Birmingham, aud. ac. — A. JDariee, 
Wem, Shropshire, coal merchant, March 23 at half-past 10, 
District Court of Bankruptcy, Birmingham, aud. mc. — John 
Woodhouse, Ripon, draper, March 23 at 11, District Court of 
Bankruptcy, Leeds, aud. ac. ; April 6 at 11, fin. div. — Robt. 
Welsh, Huddersfield, Yorkshire, woollen cloth merchant, 
March 25 at 11, District Court of Bankruptcy, Leeds, aud. ac 
— /. F. Gee, Wakefield, Yorkshire, manufacturing chemist, 
March 25 at 1 1 , District Court of Bankruptcy, Leeds, aud. ac. — 
James Bell, Leybum, Yorkshire, draper, March 25 at 11, 
District Court of Bankruptcy, Liseds, aud.'ac.~CAa#. Jokn 
Powell, Kingston, Surrey, draper, April 2 at 11, Court of 
Bankruptcy, London, div. — William Laslett, Houson, Ash 
next Sandwich, Kent, dealer in hay, April 2 at half- past 11, 
Court of Bankruptcy, London, div. — James Ingram, South- 
ampton, seedsman, April 2 at II, Court of Bankruptcy, Lon- 
don, div. — Mary Astle, widow, Joseph Thomas Astle, Oeorge 
Astle, and Charles Astle, Coleman-st., London, bookbinders, 
April 2 at half-past 12, Court of Bankruptcy, London, div. 
— Rdw, Churion, Holles-st., Cavendish- square, Mtddkaez, 



THE JURIST. 



89 



bookfeller, April 2 at 12, Coart of Bankruptcy, London, div. 

Sir Geo, Duckelt, Bart., Sir FrancU Bernard Morland, 

Bart, and That. T^ingham Bernard, Pall-mall, Middlesex, 
bankera, April 5 at half-past I. Court of Bankruptcy, London, 
dir,^WUliam Willie, Trowbridge, Wiltshire, wool broker, 
Aprils at 11, Court of Bankruptcy, London, di^r.-^Jamee 
MomA, Colchester, Essex, draper. April 5 at 2, Court of 
Bankraptcy, London, div.— Wi/Zicm Mareh^ Joeiae Henry 
Stracey, and Geo, Edw, Graham, Bemers-street, Middlesex, 
bankers, April 5 at 11. Court of Bankruptcy, London, div.— 
Wm, Taylor and Jot. Wylde, Wood -St., London, and Lock's- 
fields, Walworth, Surrey, flock manufacturers, April 3 at 11, 
Court of Bankruptcy, London, div.— Geo. Hopkinaon, Liver- 
pool, coach builder, April 2 at 11, District Court of Bank- 
raptcy, Liverpool, div.— Jame* Brothenton, Liverpool, mer- 
chant, April 2 at 11, District Court of Bankruptcy Liver- 
pool, div.— JaniM Dixon, Morley, Batley, Yorkshire, dyer, 
April 2 at 11, District Court of Bankruptcy, Leeds, div.— 
Wm, Cole, Calveriey, Yorkshire, consulting engineer, April 2 
at 11, District Court of Bankruptcy, Leeds, div.— Jame* 
Napier the younger, Sheffield, Yorkshire, oil merchant, 
April 3 at half-past 12, District Court of Bankruptcy, Shef- 
field, dlr. 

Cbbtificates. 

7k ^ edhwed, unlete Caute be ehewn to the contrary o» or 
h^ore the Day of Meeting. 
Philip Phillips, Crowland, Holland, Lincolnshire, common 
brewer, April 2 at 11, Court of Bankruptcy, London.— y©** 
Leaeh and Edward Leach, Waterbeach, Cambridgeshire, 
buUden, April 2 at 11, Court of Bankraptcy, Lon- 
don.^John Frederick Cole, Toy Hotel, Hampton Court, 
Middkaex, licensed victualler, April 6 at 1, Court of Bank- 
ruptcy, London. — George Flint, Lombard -street, London, 
hosier, April 2 at 11. Court of Bankruptcy, London.— 
Jf«r/^ iZMTf, Upwell, Norfolk, brick maker, April 2 at 1, 
Court of Bankruptcy, London. — Jamee Boxall, Brighton, 
Soasex, coachmaker, April 2 at half-past 11, Court of Bank- 
ruptcy, London.— Cfor^'e Collier, Landport. near Portsea, 
Southampton, draper. April 3 at half-past 11, Court of Bank- 
raptcy, hoDdon.—Franeia RuJTord Hewlett, Leyton, Essex, 
oowkeeper, April 2 at 11, Court of Bankruptcy, London.— 
Wm. Edward Johnston, Little Abingdon-st., Westminster, 
Middlesex, coal merchant. April 2 at half-past 11, Court of 
Bankruptcy, London.— Hrfirin Fowler, Bristol, and Pority- 
pool, Monmouthshire, draper, April 7 at 11, District Court of 
Itoikniptcy, BmioL'-Edward Waring, Liverpool, omnibus 
proprietor, April 6 at 11, District Court of Bankruptcy, Liver- 
po(L^ George PHde, David Jonee, and John Gihb, Liverpool, 
sail makers, April 5 at 11, District Court of Bankraptcy, 
liverpooL— CAflr/ei Bacon, Walton, Somersetshire, tailor, 
April 14 at 11, District Court of Bankraptcy, Exeter.— /ffi. 
iSopUtnd, BarasUple, tea deialer, April 14 at 11, District 
Court of Bankraptcy, Exeter.— T^omM Harrit, Camborne, 
Corawall, grocer, April 15 at 11, District Court of Bank- 
nxptcy, Exeter.— Francw Tandy, Stourbridge, Worcester- 
shire, and Brierley-hill, Staffordshire, ironmonger, April 3 at 
half-past 10, District Court of Bankruptcy, Birmingham — 
I>avid Shaw and Joehua Shaw, Meltham, Almondbury, York- 
shire, manufacturers. April 2 at 11, District Court of Bank- 
ruptcy, Leeds.— JoAn O'Donnell, Sheffield, Yorkshire, grocer, 
April 3 at 12, District Court of Bankraptcy, Sheffield. 

7b he granted, unlese an Appeal be duly entered. 
Alexander Prince, Lincoln's-inn-fields and Russell-square, 
Kiddlesex, lithographer. — Thomas Bart^um, Pall-mall East 
and Willesden, Middlesex, wine mtTchant.—Archibald Mouat, 
Cieed-iane, London, wine merchant.— FK. Holmes, Crober's- 
oottages, Bedford-st., Poplar, Middlesex, builder.— 7AofiMt 
A. Voting, Woolwich, Kent, licensed victualler.— TTf/Ziam M. 
Whalley, South Mimms, Middlesex, licensed victualler.— il. 
Ihmbar, Halifax, Yorkshire, shoemaker. 

PaUTNERSHIPS DlSSOLTKD. 

Charles Gatliffvad Rivotfie Edward de Carteret, Coleman- 
stieet, London, attornies-at-law and solicitors.— C*ar/M ^. 
Welhy and James Wood, Nottingham, attornies and loliciton. 

Scotch Seaukstratiosis. 
James Drysdale, Edinburgh, brash manufacturer. — Ann 
Maedovgald, Edinburgh, hosier.- George S, Turpie, Dundee, 
tea merchant. 



INSOLVENT DEBTORS 
Who have filed their Petitions in the Court of Bankruptcy, 

and have obtained an Interim Order for Protection from 

Process. 

William G, Trery, Aylesbury, Buckinghamshire, surveyor, 
March 24 at 12, County Court of Buckinghamshire, at Ayles- 
bury. — Thomas R. Lucas, Birmingham, saddler, March 20 
at 10, County Court of Warwickshire, at Birmingham. — A. 
Dean, Birmingham, engineer, March 20 at 10, County Court 
of Warwickshire, at Birmingham. — Margaret Fisher, widow, 
King's Lynn, Norfolk, dealer in wines, March 24 at 4, County 
Court of Norfolk, at King's Lynn. — Samuel Rhodes, King's 
Lynn, Norfolk, shoemaker, March 24 at 4, County Court of 
Norfolk, at King's Lynn. — Rev, John Hague Bloom, Castle 
Acre, Norfolk, clerk, March 24 at 4, County Court of Norfolk, 
at King's Lynn. — James C, Woods, King's Lynn, Norfolk, 
watchmaker, March 24 at 4, County Court of Norfolk, at 
King's Lynn. — James Morton, Hilgay, Norfolk, blacksmith, 
March 24 at 4, County Court of Norfolk, at King's Lynn.— 
J. Stevenson, Ashton-under-Lyne, Lancashire, tailor, March 
18 at 12, County Court of Lancashire, at Ashton- under- Lyne. 
— Richard Offord, Feltwell, Norfolk, common carrier, March 
25 at 11, County Court of Norfolk, at Thetford. — Christopher 
Porter, Feltwell Fen, Feltwell, Norfolk, faftner, March 25 at 
11, County Court of Norfolk, at Thetford.-^o»^A Childs, ' 
Bury St. Edmund's. Suffolk, whitesmith, March 22 at 10, 
County Court of Suffolk, at Bury St Edmund's — James 
Brundle, Dickleburgh, Norfolk, dealer, March 15 at 1 , County 
Court of Norfolk, at Harieston.— £/tja Xove, widow, Hamp- 
ton, Arden, Warwickshire, goveraess, March 16 at 11, County 
Court of Warwickshire, at Solihull. — Geo. Marshall, Beaver, 
Ashford, Kent, grazier, March 22 at 10, County Court of 
Kent, at Ashford. — Edward Bainbridga, Sowdham, near 
Soulhendl, Nottinghamshire, joiner, April 12 at 11, County 
Court of Nottinghamshire, at Newark. — John Simmons, Car- 
tergate, Newark-upon-Trent, Nottinghamshire, boot maker, 
April 12 at 11, County Court of Nottinghaipshire, at Newark. 

7%e following Persons, who, on their several Petitions filed 
in the Court, have obtained Interim Orders for Protection 
from Process, are required to appear in Court as herein- 
qfter mentioned, at the Court-house, in Portugal-street, 
Lincoln* s /an. as follows, to be examined and dealt with 
according to the Statule:— 

March 24 at II, before the Chibv Commissiomsb. 
Arthur Blyth, Hayes, Middlesex, surgeon. 

March 25 at 10, b^ore Mr. Commissioner Law. 
William Day the dder. Park-road, Clapham, Surrey, white- 
smith.- iSloMtiW Taylor, Mansell-street, Whitechapel, Mid- 
dlesex, upholsterer. 

March 26 0/ 11, b^ore the Chief Coumibbionsii. 
John F. Olander, Jewry-st., Aldgate, London, merchant's 
clerk.— /oAm H, Grapes, John-st., Middlesex, clerk. 
March 26 at 10, brforeMr. Commissioner Law. 
Mary Ann Barber, widow, Mount-row, New Kent-road, 
Surrey, upholsterer. 

March 27 af 11, btfore Mr, Commissioner Phillips. 
James Pearee Lidgold, Hampton Wick, Middlesex, cattle 
dealer.— YTm. Graham, Abchurch-yard, Abchureh-lane, King 
William-st., London, upholsterer.- rAomM N. Couves, Great 
Dover-st., Southwark, Surrey, out of business.— KicAarrf G. 
Richardson, Bryan's-terraoe, Lower Copenhagen-at., Caledo- 
nian-road, Islington, Middlesex, grocer. 

Mareh29 at 10, brforeMr. Commissioner Ijlw. 
Thomas Clark, Florence- terrace, New-cross, Deptford, 
Kent, servant. — Thomas Murray, Lichfield-street, Soho, 
Middlesex, ^nntac—Ebenexer Tonkin, Terrace, Kennington, 
Middlesex, painter. 

March 29 at II, before Mr. Commissioner Phillips. 
Peter Brown, Romford, Essex, ironmonger.— fTt/ZtflwAfi/- 
ward, Arlington-street, New North-road, Islington, Middlesex, 
wholMale milliner. 

The following Prisoners are ordered to be brought up btfore 
the Court, m Portugal-street, to be examined and dealt 
with according to the Statute:-^ 

March 26 af 11, b^ore the Chief CoiCMigBioNVR. 
John Thomas Mattingley, Readmgi BerkBhire, brewer. 



90 



THE JURIST. 



March 27 ai 11, i^ore Mr, CmtHmMtmer Phillips. 
William King^ Newington-commoiiy Stoke Newington, 
Middlesex, dyer.— /o;k» HubhaU, George-ftreet, New North- 
xoad, Islington, Middlesex, locksmith.— /oA» Straitom^ King- 
street, Camden-town, Middlesex, oat of bnsinesB. 

March 29 at 10, b^c Mr, Om mi i Han ar Law. 
Bobert Black, St. John-street, Smithfidd, Middlesex, heer- 
shop keeper. — in/Ztom Henry Chawtberlin, Monnt-roir, 
liTerpooUrood, Islington, Middlesex, greengrocer. 

CbiM/y Omrt qf Laneoihire, at Laneaaier, Auignaa have 
been appwUed in the following Caeee:-^ 
Edward Leeeh^ Chorlton-npon-Medlock, Manchester, re- 
tail .dealer in ale, No. 74,682 ; Theophilna Jackson, assignee. 
^^Howard Garnde, Brinnington, near Stockport, Chcdiire, 
mechanist, No. 74,668 ; Robert Harlow, assignee.— Siemtie/ 
Steady Sfliford, j(^ lieait dealer. No. 74,747 ; John Crabtree 
and William Massey, assignees.- i2o^/ /fMMm, Salford, out 
of business. No. 74,600 ; John Robinson, assignee. — George 
/hmou, Salford, oat of basiness, No. 74,601 ; John Rolnnson, 



The following Prieonere are ordered to be brought tqi b^fbre 
a Judge qf the County Court, to be examined and dealt 
with according to the Statute .— 

Ai the Couniy Court qf Laneaehire, at Lanoaitbb, 
March 26 ai 11. 

Jawue Pimm, Ardwiek, Manchester, gardener.— /oeipil 
Berry, Fatrieroft, near Man c hester, cotton manalMtwer. — 
Henry Topping, Hofane, Manchester, stonemason. — /oibi 
Topping, Holme, Mandiester, stonemason. — John PichUe, 
HoUins, near Oldham, provision-shop keeper.— ITW^AI BMeH- 
ley, HeatoQ Norris, near Manchester, carter. — Franeie Win^ 
nington, Chorlton-npon-Medlock, Manchester, pork butcher. 
— JBdvJn Firth, Oldham, lieensed Tictoaller.— CfoMpA Leffy, 
Manchester, general dealer.— iSsfttrf Ydtm the yoonger, OUU 
ham, oat of employment. — Samuel Siddeley, Salford, batcher. 
"-John Wallace, LeyUmd, near Preston, out of bosmess. — 
William MKenxie, Wigan, stonemason.— /oAn Oldie, Lirer- 
pool, sacking dealer.^-CToAii Leigh, Ashton-under-Lyne, oat 
othndnem.-^oeeph Brieeoe, Heaton Norris, out of basiness. 
— William Hudeon, Manchester, batcher.— £<iwar<i Fawcett, 
Salford, rag dealer.— ITennr Banhe, Chorley, laboorer. — Bd^ 
ward Banhe, Chorley, miUwright.— TftcMSs CblUer, Preston, 
oat of business.- IFi/iMm Chadwieh, Manchester, tailor.— 
Bliae Levy, Manchester, oat of basiness.— iUeJI«ri{ Brown, 
Birkenhead, near liverpool, shoemaker. — T%ureton Newton, 
Ashton-onder-Lyne, out of basiness. — Robert Bigg, Rochdale, 
dealer in drapery. — Samuel Andrew, Knowkv-lane, near 
Ashton-onder-Lyne, cotton waste dealer. — William Thomae 
Moule, Oxton, nesr Birkenhead, commission agent.— IFtf/tam 
Bdgar, Liteipoi^, wardMmsem&n. 

At the County Court qf Han^ehire, ai Wimchjutsr, 
March 27. 

Walter Scott, Havant, printer. 
At the County Court qfBeees, at Chblmsforo, March 27. 

Samuel THUtt, Lexden, near Colchester, oertiflcated oon- 



Ai the Couniy C&urt qf Haw^Mre, at Soxtthavpton, 
March 29 at 10. 
Thomae Vincent, Soothsmpton, csptain on half-pay in the 
Royal YorV Rangers.- iltiliiy Jamee Petty, Bittern, oat of 
basiness. 

MBsmre. 
Frederick Ward, Friar-street, Blackfiriars-road, Surrey, 
commission agent, March 29 at 11, Keighley's, Baafaighall- 
street, London, sp. sflT. 

TUESDAY, Mjlbch 16. 

BANKRUPTS. 
JAMES FRANKLIN, OreatMarlow, Bockinghamshin, inn- 
keeper, coach proprietor, hotel keeper, tayem keeper, lirery- 
stable keeper, fanner, dealer and chapman, March 27 and 
April 30 at 1, Court of Bankruptcy, London: Off. Ass. 
Whitmore; Sol. Spicer, 118, Chancery-lane, Lond<m.— 
Petition filed March 10. 



SAMUEL GASH, Hatcham New-town, Camberwell, Soncy, 
boilder, dealer and chapman, March 26 at 12, and April 27 
at 11, Coort of Bankruptcy, London: Off. Ass. JohneoD; 
SoIb. Lawrance & Co., Old Jewry-chamben.— Petition filed 
March 16. 
HENRY HOLLAND, Eldon.road, Kensington, MiddleBa, 
builder, April 2 and 27 at 12, Court of Bankraptcy, LoDdon : 
Off. Ass. Groom ; Sol. Moxon, 27, Southampton-baikBngs, 
Chancery-lane. — Petition filed Mai^ 15. 
GEORGE WARHURST, Leigh, Lancashire, ironmonger 
and tin-plate worker, Aprfl 2 and 29 at 12, District Cant 
of Bankraptcy, Manchester : Off. Ass. Mackenzie ; Sd. 
Slater, Manchester.- Petition filed Mareh 12. 
THOMAS LORD, Ashton-under-Lyne, Lancashire, boot 
and shoe maker, March 29 and April 26 at 12, District 
Court of Bankruptcy, Manchester : Off. Ass. Pott ; SoL 
Cobbett, Manchester.— Petition filed March 11. 
ROBERT DILKES, Warrington, Lancashire, innkeeper, 
March 26 and April 19 at 12, District Court of Bankraptcf, 
Manchester : Off. Ass. Fraser; Sol. Nicholson, Wairisg. 
ton, Lancashire.— Petition filed Feb. 27. 
WILLIAM HOUGH the younger, Rochdale, tsneasUre, 
joiner and builder, March 30 and April 27 at 12, District 
Coort of Bankruptcy, Manchester: Off. Ass. Fraser; Sol 
Downey, Rochdale, Lancashire.— PMition filed Biareh 11. 
ROBERT JAMES, Lenton, Nottrnghomshire, lace maker, 
dealer and chapman, Mardi 26 and .^pril 23 at half-past 10, 
District Court of Bankraptcy, Notting^bam : Off. Ass. Bit- 
tieston ; Sols. Battery & Son, Nottingham. 'Petition dated 
March 11. 

MnnNOS. 
Joecph SheVord, Standon, Hertfordshire, bateher, March 
26 at 12, Court of Bankraptcy, London, pr.d.— IF.lsaMf, 
Houson, Ash nest Sandwich, Kent, dealer in hay, March 27 
at 12, Court of Bankruptcy, London, laat ex.— /oAn Bedttn 
Clarke, Charles Bueklee, and Hodgeon Inehbold, Manchester 
and Swinton, Lancashire, contractors, Maroh 29 at 12, Dii- 
trict Court of Bankraptcy, Mandiester, and. ae.— /. JoAmos, 
Liverpool, and Seacombe, Cheshire, grocer, March 29 at 11, 
District Court of Bankruptey, LiTerpool, and. ae. ; April 6 
at 11, dtw,^ George Hopkineon, Liverpool, ooach bmlder, 
March 26 at 11, District Court of Bankroptcr, Lirerpool, aai 
oa.'^Robert Jackeon, Nottingham, butcher, March 26 at half- 
past 10, District Court of Bankraptcy, Nottingham, and. se.^ 
John Percical, Market Deeping, Lincolnshire, iankceser, 
March 26 at half-past 10, District Court of Banhruptcy, Not- 
tingham, and. diC.-^T%omae Milward, Uffeulme, Detooabiie, 
miller, March 31 at 11, District Court of Bankraptcy, Exeter, 
and. ac.— FFm. IF. T%ompeon, Goole, Yorkshire, batcher, 
March 26 at 11, District Court of Bankraptcy, Leeds, aod. 
ac. — Wm. Cole, Apperley-bridge, Cal^erley, Yorkshire, ooa- 
sulting engineer, March 26 at 11, District Court of Bank- 
raptcy, Leeds, aud. sc — Thomae Dalton and Thornm JM- 
warde, Birmingham, ironfoonders, April 8 at half-past 11, 
District Court of Bmkraptcy, Birmingham, dir. 

CniTIFICATSS. 

7b ^c allowed^ unleee Cduee be ehewn to the contrary ss or 
before the Day qf Meeting, 

Daoid lAttle, Liverpool, merchant, April 8 at 11, District 
Court of Bankraptcy, LiTerpool. — Thomae Rawwden, Cheater, 
timber merchant, April 8 at 11, District Court of Bankraptcy, 
LiTerpool. — Mary Ann Keel, Lirerpool, coffee-house keeper, 
April 6 at 11, District Court of Bankraptcy, Li?erpool.— 
Daniel Morton, WalsaU, Staffordshire, chemist, April 7 it 
half-past 11, District Court of Bankraptcy, Birmingham.— 
William Worley, Smethwick, Staffordshire, licensed Tictnalier, 
April 7 at half.past 11, District Court of Bankraptcy, Bir- 
mingham. 

7b be granted, unleee an Appeal be duly entered. 

Joeiah Joeeph Hatch, Friday-street, London, wholesale 
furrier. — John Sherwin, Lirerpool, baker.— George iVocift and 
John WHliame, Frith-street, Soho, Middlesex, goldsmiths.— 
Sydenham Vincent Burge, Taunton, Somersetshire, saddler. 
— Thomae Dixon, Bradford, Yorkshire, iron merchant.— /oAs 
Roberts, Rhyl, Flintshire, innkeeper.— rAoatot Mannerhng 
Harris, LiT«rpool, ahipowner. 

Paktnseshzp Dissoltbo. 

John Armetrong the elder and John Armstrong the younger, 
Carlisle, Comberland, attornies and solicitors. 



THE JURIST. 



91 



Scotch SsaussTKATioN* 
J^byvt BoberUan, Giiran, surgeon. 

INSOLVENT DEBTORS 
fn0 kmvfiUd their PeHtUnu in the Court rf Bankrupted, 
mul Moot obtained an Interim Order for Protection Jrem 



George Wiilianu, Heltton, Cornwall, butcher, April 12 at 
10, Conntj Conrt of Cornwall, at Helston.— flen»y Young, 
Newport, Isle of Wight, Southampton, smith, March 31 at 10, 
County Court of Hampshire, at Newport.— IZo^erf Mqfatt, 
WolTeiftampton, Staffordshire, cairoenter, March 23 at 12, 
County Court of Staffordshire, at WolTcrhampton.— /oAii De 
Grey, WoWerhampton, Staffordshire, baker, March 23 at 12, 
Coonty Conrt of Staffordshire, at Wolverhampton.— JBran 
J>tt»ie, Bradky, Bilston, Staffordshire, beerseller, March 23 
at 12, Coanty Court of Staffordshire, at WoWerhampton. — 
Robert Jokneon, Runcorn, Cheshire, grocer, April 2 at 11, 
Coanty Conrt of Cheshire, at Roncom.— VoAn Smith Deane, 
Altrindiam, Cheshire, painter, March 30 at 11, County Court 
of Cheshiie, at Altrincham.— Ptf/«r Sandert, Hitchin, Hert- 
foidshiie, oordwainer, March 22 at 10, County Court of 
Hertfoidshire. at Hitchin.— fTm. John Tompeon the younger, 
Biimia^iam, inland rerenue officer, March 31 at 10, County 
Conrt of Yorkshire, at Leeds.— /amet Hardy, East Dereham, 
Norfolk, millwright, April 20 at 10, County Court of Norfolk, 
at East Dereham. 

ThefoOoeBing Pereons, who, on their several Petitioma filed in 
the Court, have obtained Interim Orders /or Protection 
from Process, are required to appear in Court as herein- 
after mentioned, at the Court-house, in Portugal-street, 
Lmeoin*e hm, as follows, to be examined and dealt with 
" w to the Statute .— 



March 31 0/ 11, btfore the Chibt Commissiomkr. 
WiUiam Bird, ApoUo-buildings, East-lane, Walworth, 
Surrey, clerk to railway agents, — yamei Cook, Herbert- 
street, Hackney-road, Middlesex, out of business. 

Saturday, March 13. 
The following Assignees have been appointed. . Further par- 
ticulars may be learned at the Office, in PorlugaUst., 
Lincoln* s-inn-fields, on giving the Number fj the Case. 
Joseph Hindleg, Strand, Middlesex, out of business, No. 
28,638 T.; John Crossley, assignee.— FFm. Henrg Hawkins, 
Oswestry, Shropshire, coal agent, No. 73,804 C. ; Christopher 
Bentham, assignee.— /o An A. Toms, Tiverton, Dcronshire, 
attomey-at-law. No. 74,083 C; Henry Cowlard, assignee.— 
John M. Harrison, Knaresborough, Yorkshire, tea dealer, 
No. 74,484 C; Frederick Fryer, assignee.— /amei Sheard, 
EUand, near Halifax, Yorkshire, tea dealer, No. 74,685 C; 
John Dyson, assignee. — /oAn Sanderson, Blackfriars-road, 
Surrey, umbrella manufacturer. No. 62,713 T.; T. Foulkes, 



Saturday, March 13. 
Orders have been made, vesting in the Provisional Assignee 
the Estates and Ejects of the following Persons:— 
{On their own PetitionsJ, 
Wm, Carman, Broad-st., Lambeth, Surrey, mUkman: in 
the Gaol of Horeemonger-lane.— WlWiom Pyett, Bird-street, 
Waloot-sq., Lambeth, Surrey, grocer: in the Gaol of Horse- 
Biongcr-lane.— IVedcric* Debenham, Sidney-terrace, Kilburn, 
Middlesex, baker: in the Debtors Prison for London and 
Middlesex.— -4(^re£f /. Weatherley, Cumberland-row, Isling- 
ton-green, Middlesex, cheesemonger : in the Debtors Prison 
for London and Middlesex.— /omw Price, Upper Whitecross- 
street, St. Luke's, Middlesex, shopman to a cheesemonger : 
in the Debtors Prison for London and Middlesex.— Henry 
mggs. Prospect ViUa, Clewer-green, Windsor, Berkshire, 
sdioolmaster : in the Debtors Prison for London and Middle- 
sex.— yoAn Day, Bridge House-place, Newington-causeway, 
Surrey, vestry clerk of St. George the Martyr, Southwark : 
in the Gaol of Horsemonger-lane. — George Boon, Hanway- 
itreet, Oxford-street, Middlesex, manager of the business of a 
milfiiier: in the Debtors Prison for London and Middlesex. 
— -fFm. Carpenter, High-street, Shadwell, Middlesex, grocer : 
in the Debtors Prison for London and Middlesex. — John 
Hoiltii^, Brewer-st., Golden-sq., Middlesex, hairdresser: in 
the Debtors Prison for London and Middlesex. —FTt'Wam 
QUlbanis, Mintem-st., New North-road, Hoxton, Middlesex, 



Manchester agent: in the Debtors Prison for London and 
Middlesex.—/. G. Hutchinson, Edmund-place, Aldersgate- 
street, London, ftinier : in the Debtors I^rison for London 
and Middlesex.— IFm. T. Webb, Hall-st., City-road, Mid. 
dlesex, linendraper : in the Debtors Prison for London and 
Middlesex.— IZoder/ Gellard, Adams-row, Hampstead-road, 
Middlesex, shoemaker: in the Debtors Prison for London 
and Middlesex.— /{tcAorcf Malony, Blackfriars-road, Surrey^ 
licensed victualler: in the Queen's Prison. — 7^f. Roasetter, 
Windmill-street, Hackney-road, Middlesex, miller: in the 
Debtors Prison for London and Middlesex.— Jb^ C. Boeder , 
Royley-st., Old-street-road, Middlesex, baker : in the Debtors 
Prison for London and Middlesex.— T^omot Ward, Little 
Titehfidd-street, Great Portland-st., Bfarylebone, Middlesex, 
commission agent: in the Debtors Prison for London and 
Middlesex.— fTw. H, Thompson the younger, Albany-street, 
Regent's-park, Middlesex, gentleman : in £e Queen's Prison. 
— Wm. T. Hunt, Brunswick-terrace, Trinity-st., Southwark, 
Surrey, gas engineer's derk : in the Gaol of Horsemonger- 
lane. — Samuel Andrew, Ashton-under-Lyne, Lancashire, cot- 
ton-waste dealer : in the Gaol of Lancaster. — J. W. Barton, 
Manchester, cotton-waste dealer : in Ae Gaol of Lancaster.— 
John Heap, Heaton Norris, Lanoashire, butcher : in the Gaol 
of Lancaster.— JSdwanf Morrison, Manchester, common car- 
rier : in the Gaol of Lancaster. — Wm, T, Moule, Oxton, near 
Birkenhead, Cheshire, commission agent : in the Gaol of Lan- 
caster. — Thomas A. Owen, Heaton Norris, Lancashire, shoe- 
maker : in the Gaol of Lancaster. — /. Prescutt, Little Bolton, 
Bolton-le- Moors, Lancashire, joiner : in Ae Qaol of Lancaster. 
— Walter Scott, Havant, Hampshire, printer: in the Gaol of 
Winchester. — Biehard Brown, Burkenhead, near Liverpool, 
shoemaker : in Uie Gaol of Lancaster.— CAsWtt Whitworth, 
Rochdale, Lancashire, carter : in Hie Gaol of Lancaster.— 
Jas. Cooke the elder, Longton, Stoke-upon-Trent, Stafford- 
shire, brickmaker's overlooker: in the Gaol of Stafford.— 
Geo, Bobotham the younger, Longton, Stoke-npon-Trent, 
Staffordshire, beer retailer : in the Gaol of Stafford. — David 
Pony, Trosnant, near Pontypool, Monmouthshire, brewer : 
in the Gaol of Monmouth.— Beiy. Pearee the elder, Portland, 
Dorsetshire, stone merchant : in the Gaol of Dorchester. — 
Edw. Pinker the younger, Birmingham, builder : in the Gaol 
of Coventry. — Benj, Ash, Great Hucklow, Hope, Derbyshire, 
farmer: in the Gaol of Derby. — Biehard Christie Brown, 
Birkenhead, Cheshire, attomey-at-law : in the Gaol of Ches- 
ter. — John HoUingworth Heginbotham Keeling, Great Huck- 
low, Hope, Derbyshire, blacksmith : in the Gaol of Derby .•« 
— John Stevens, Cheltenham, Gloucestershire, coach builder : 
in the Gaol of Gloucester.— T^Aonuw Thew, Bishopwearmouth, 
Durham, brazier : in the Gaol of Durham.— /aoiM Leeds, 
Milton next Gravesend, Kent, licensed victualler : in the Gaol 
of Maidstone. — Wm, Lewis, Birmingham, milkman : in the 
Gaol of Coventry. — Edward Mogridge, Edgbaston, Bir- 
mingham, leather seller : in the Gaol of Coventry.— -Jamet 
Nurse, King's Lynn, Norfolk, attomey-at-law : in the Gaol 
of Norwich. — George Beid, Grasmere, Westmoreland, gar- 
dener: in the Gaol of Appleby.— /ofJaA Schorah, Leeds, 
Yorkshire, hairdresser : in the Gaol of York. — Thos, Wads- 
worth, Long Millgate, Manchester, chemist : in the Gaol of 
Lancaster. — John Henrg P)rancis, St. Helen's, Lancashire, 
tailor : in the Gaol of Lancaster.— /oAn Lewis, Manchester, 
tailor : in the Gaol of Lancaster.— %/iBmef Charles Poulett, 
Woodford, Essex, out of business : in the Gaol of Spring- 
field. — Biehard Sharp, Middlesbrough, Yorkshire, tailor : 
in the Gaol of York. — James Hughes Allen, Dover, Kent, 
assistant clerk in the Court for the Relief of Insolvent Debtors : 
in the Gaol of Dover.— /am«9 Beckett, Huddersfield, York- 
shire, hosier : in the (Jaol of York. — James Jones, Gwemy- 
fed-fach, Talgarth, Brecknockshire, farm labourer: in the 
Gaol of Brecon. 

The following Prisoners are ordered to be brought up b^ore 
the Court, in Portugal-street, to be eaammed and dealt 
with according to the Statute:'^ 

March 30 af 11, btfore the Caxir Commissionxk. 
Edward Christian, Brook-green, Hammersmith, Middle- 
sex, general commission agent. — Edmund Child, Moore-street, 
Chelsea, Middlesex, carpenter. — John Bichards, Margate, 
Isle of Thanet, Kent, general chandler-shop keeper. — Robert 
Dundas Brown, Penton-phu^e, Walworth, Surrey, clerk in the 
Admiralty-office, Somerset House. 



92 



THE JURIST. 



March 31 a/ 10, brfore Mr. Commiuioner Law. 

Wm, Pfftti, Bird-street, Walcot-sqnare, Kennington-road, 
Surrey, general chandler-shop keeper. — John ThomoB Gain, 
Winchester-place, Sonthwark-bridge-road, Sarrey, wholesale 
cap manufacturer. — Wm. Coxhead, London- road, Surrey, 
watch maker.— Gtfor^tf King, Wella-it., Oxford-st., Middle- 
sex, waiter. 

April 1 a/ 11, hrfw Mr, CommiuUmer Phiixips. 

Henry Ball, Richmond New-road, Fnlham, Middtesex. — 
Michael Turner, Great Portland-st., Middlesex, shoemaker. 
— 7Ao«. Cooper, King William-st., London, portrait painter. 
^-James Price, Upper Whitecross-st., Middlesex, shopman to 
a cheesemonger.— ^//rsJ John Weaiherley, Cumberland-row, 
Islington-green, Middlesex, cheesemonger.— ^Mry Albert de 
Pury, Fr^erick-place, Old Kent-road, Surrey, commission 
gent. 

The following Pritomera are ordered to be brought up before 
m Judge of the County Court, to be esmnined eM dealt 
with according to the Statute t — 

At the County Court of Berkehire, at Rbaoino, April 1. 
Charlee Clift, Hurst, near Reading, farmer. 
At the County Court of Cornwall, at Boom in, April 7 at 10, 
Jamee Berriman, St. Ive's, master marinejr. 



KING'S COLLEGE, LONDON.— PROFESSOR STE- 
PHEN will deliver his INTRODUCTORY LECTURE on 
ENGLISH LAW on Wedneiday, th« 34th March, 1852. 
Any gentleman will be admitted on preeenting hit eard. 
March 17. 1852. R. W. JELP, D. P.. Principal. 

LAW. — The adyertiser, who writes a good hand, is oon- 
▼enant with the ordinary branches of Chancery, CooTeyaacing, 
Abstracting, Common Law, getting up Evidence, ftc. Bills of Costs, 
Magisterial Business, and the general BusineM of a Town or Country 
Office, wishes an ENGAGEMENT. Good references, ftc. 'Apply, 
postpaid, A. Z., Mr. Swinden's, Law Stationer, 94, North John^ttnet, 
Liverpool. ^__^ 

CLERKSHIP.— A Gentleman, who now conducts the con- 
veyancing business of an office of extensive pnctioe in the North 
of England, is desirous of meeting with a SITUATION to CONDUCT 
the CONVEYANCING or the general Business of a respectable 
Country Office. Address, by letter, to Mr. A. B., Post-office, Bury, Lan- 
cashire. 



DARrS VENDORS AND PURCHASERS.— Ssconb Bditxov. 
This day is published, in 8vo., nrice 2U. boards, 

A COMPENDIUM of the LAW and PRACTICE of 
VENDORS and PURCHASERS of REAL ESTATES: com- 
prising the Authoritias down to the present time. Second Edition. By 
J. HENRY DART, Esq., Barrister at Law. 

Stevens ft Norton, Beli-yard, LlncolnVinn. 



ROGERS ON ELECTIONS. ELECTION COMMITTEES, AND 

REGISTRATION.— SsvEVTR Editiok. 

In l2mo., price 1/. 10«. boards, 

THE LAW and PRACTICE of ELECTIONS, ELEC- 
TION COMMITTEES, and REGISTRATION; with an Appen- 
dix, containing the Acts of England, Scotland, and Ireland, brought 
down to the time of publication, embracing the whole body of tha 
Election Law, with Analytical Tables and a copious Index. By F. N. 
ROGERS, Esq., of the Inner Temple, Barrister at Law, one of her 
Mijesty's Counsel. 

Stevens ft Norton, Bell-yard, Lincoln's-inn. 



SIR £. SUGDEN ON THE LAW OF VENDORS AND 

PURCHASERS. 
Just published, in 1 thick vol. 8vo., price 1/. Is. cloth boards, 

A CONCISE and PRACTICAL VIEW of the LAW of 
VENDORS and PURCHASERS of ESTATES. By Sir ED- 
WARD SUGDEN. 
S. Sweet, I, Chancery-lane. 



Just published, price 8s. cloth, 

STONE'S BENEFIT BUILDING SOCIETIES. — A 
Practical Treatise on Benefit Building SodeUas. By WILLIAM 
STONE, Attorney at Law. 
*' The plan of the work is dear and practJcal.**— Gfoft#. 
"Altogether the work is highlv crediuble to the industry, ability, and 
legal acumen of the author."— Xate Timet, 

** Mr. Stone's work contains an interesting and practical account of 
the history, progress, and constitution of the several societies of which 
it tzeats."— Ls^i Obttrver. 

W. Maxwell, 32, Bell-yard, LinoohiVinn. 



PARIS.— TO BE LET for Thrw Yean, from the Itt April 
next, upon very advantageous terms, the greater PART of a 
large HOTEL, situate in the Rue de Lille, Faubourg St. Gernuin, 
Paris, recently occupied by a gentleman lately deceased. There is 
stabling for ten horses, extensive coachhouse, garden facing the Seine, 
fte. An arrangement might possibly be made for Uking the premises 
with the present venr handsome fkuniture. For particulars apply to 
Messrs. Maugham ft Dixon, Solicitors to the Executor, at their offices. 
No. 1, Staple-inn, Chancery-lane, London, or No. 12, Rue Roy ale, 
Paris. 



AMERICAN AGENCY TN LEGAL MATTERS, 
9, NASSAU-STREET, NEW YORK. 

IRVING PARIS, Solicitor, Notary Public, and Commissioner to 
take Depositions and certify all Legal Instruments: 

For the Prosecution and Recovery of Claims, and for Collections ge» 
nerally, embracing Debu, Legacies, and Inheritances, in the Uzuted 
SUtes: 

For procuring the Execution and Authentication of Legal Instru- 
ments, and obtaining Evidence and Information in Legal Matters, or as 
to parties: 

Also for the Purchase and Saleof Lands, and Investments on Mort- 
gage or in Stocks, and collecting Dividends aad Interest. 

RKP£RXlfC£S. 

J. C. Rutter, Solicitor, 4, Ely-place, Holborn. ' 

David Bogne, Esq., Pieet«street. 

Thomas Delf, Esq., Paternoster-row. 

'Washington In'ing, Esq. 1 

Hon. Judge Ulfihoeffer. > New York. 

George P. Pntman, Eeq. ) 

Henry Van Wart, Esq., Birmingham. 



KEXO SIBX VIVAT. 

DISEASED. DECLINED, AND HEALTHY LIVES ASSURED. 
MEDICAL, LEGAL, and GENERAL MUTUAL JUIFE 
-L^«A ASSURANCE SOCIETY, 126, Strand. 

£sUblishedinlM6. 
xausTExs. 
Jamea Copland. M. D., F. R. S. ] The Right Hon. the Master of the 
John BOItngsIey Parry, Esq., Q.C. Rolls. 
Vere Fane, Esq. | James Russell, Esq., Q. C. 

DtascToms. 

J. B. Parry, Esq., Q.C., LincolnVinn, (Chairman). 

*G. H. Barlow, M. D.. Guy's Hospital. 

D. Comthwaite, Esq., Old Jewry Chambers. 

•F. J. Farre, M. D., F. L. S., St. Bartholomew's Hospital. 

T. W. Greene, Esq., Lincoln's-inn. 

Richard Jebb, Esq., Lincoln's-inn. 

•J. C. W. Lever, M.D., Guy's Hospital. 

•W. J. Little, M. D., London HospiUl. 

J. Parrott, Esq.. Claphara-common. 

•R. Partridge. Esq., F. R.S., King's CoUcge Hospital. 

*R. Quain, Esq., F. R.S., University College HospiUl. 

R. Smith, Esq., Endtleigh-street. 

F. T. White, Esq., Lincoln's-inn. 

J. H. Whiteway, Esq., Lincoln's-inn-flelds. 

AUDITOaS. 

John Brown, Esq.. Surgeon, Hammersmith. 

G. Carew, Esq., SoUohor, Lincoln*a>i»n-flelds. 

F. W. Remnant, Esq.. Solicitor, Lincoln's-inn-fields. 
£. Ray, Esq.. Surgeon, Dulwlch. 
BAirKBM.*Messrs. Praed, Fane, Praed, ft Johnston, 189, Fleet-atr«et. 

STAHniMO COUXSBX,. 

T. W. Greene, Esq., 9, New-square, Lincoln's-inn. 

SouCTTOBs. — Messrs. Poolcy, Beisley, ft Read, 1, Lincoln's-inn-£eIds. 

SxcxETAaT.— Frederick J. Bigg, Esq., 126, Strand. 

The Direeton marked with an asterisk * are the Medical Examiness 

of the Society, one of whom is always in attendance on Mondays as threo 

o'clock, and on Thursdays at four o'clock. 

Poucixs v xvsa DISPUTED in the absence of wilful fraud. They are 
a sure and safe provision ^r settlements, renewal of leases, security Ht 
debts, fte. 
ExTiKx NxT PaoriTS divisible among the Assured Members. 
Policy Stamps may be coinivTaD by a small annual payment. 
. MXDicAL PaACTiTioNsas PAID by the Office for every case referred 
to them for their professional opinion. . 
Every form of assurance at mo^lcrate rates. 
Prospectuses, fte. will be forwarded free on application to 

FREDERICK J. BIGG; Soovtaiy. 
1S6, Strand. 

N.B.— London agents wanted. 



LAW LIBRARY 
MR. HODGSON will SELL by AUCTION, at his Great Room. 192. 
Fleet-street, on FRIDAY next, March 2C, at half-past 12, (by order 
of the Executors). 

THE VALUABLE LAW LIBRARY of J. E. D. BE- 
THUNE, Esq., deceased. Barrister at Law, and Member of the 
Soprtme Council of Bengal, including Merlin Repertoire de Juzispru- 
deace et Questions de Droit, 26 vols.; Hamilton's Hediys, 4 vols.; 
CEnvres de Pothler, 19 vols. ; Pickering's Statutes at Large, fh>m Magna 
Charta to 13 ft 14 Victoria, 91 vols.; Burge's Colonial Law, 4 vols.: 
Strange's Hindu Law, 2 vols.; Van Leeuwen's Roman-Dutch Lav; 
Kent and Story's American Law; Robinson, Edwards, Dodson» Ac. 
Admiralty Reports, fte; the whole in excellent preservation, and law 
ealf bindings. 

To be viewed, and Catalogues had. 



•••Orders for THE JURIST given to any Nawaawa, or laUvtDost* 

Said) sent to the Office, No. 3, CHANCERY-LANE, or toSTEVEKS 
; NORTON, 26 and 39, BELL- YARD, LINCOLN'S-INN, will Insure 
its punetnal delivery in London, or iu being forwarded on the eveniac 
of publication, throu gh the medium of the Post Office, to theOountry. 

Printed by HENRY HANSARD, PmiirTsm. residing at No. U» 
Park Square, Regent's Park, in the Parish of St. Marylebone, in (hm 
County of Mlddleaez, at his Printing OiBca, situata in Parker Stieet, Im 
the Parish of St. Giles-in-the-Fields, in the County aforesaid ; and Ptti»- 
llshed at No. 3, CKAKcaaT Lavx, in the Parish of St. Dunstan in the 
West, in the City of London, by HENRY SWEET, Law Booxstzmk 
and PvBLisnxm, residing at No. 41, Great Coram Street, in the Parish 
of St George, Bloomsbury, in the County of Middlesex.— 4latoni4f* 
March 20, 1852. 




)S- 



ttmll 




No, 794— VoL> XVL MARCH 27, 1852, Price U., wUh Supplement, U. 6d. 

NAMES OF THE CASES REPORTED IN THIS NUMBER. 



COCTVT OF ChAVCBRT. 

B» pmrie Stanton, in re Stanton. — (Bankruptey^\2 
4r 13 Vict. c. 106, «. 2^7- Judgment Cwtifieute-^ 
CkMutmeiion qf Act qf Parliament) 229 

In re Refntnlt, & Lnnatic— (iVew Tnutee) 233 

In r9 CliorieT, « Lunatie. — (Ar parte AppHeatione^^ 
BirietProo/) 233 

In re Pkocter, a Lonatic— (JVeir Druetee without a 

Brferenee^Coete of Day) 233 

Court of Appbal in Chutcert. 

In re Spenoer, and In re The Trnstoe Relief Act, 1 1 & 
12 Viet, c ^^.-^{Dioeemn Adminietratitm^Pay- 

wteni ^ Money out qf Court) 233 

Rolls Court. 

Long r. Watkin«on~LoDg v. Long.— (fFtZ^-Con- 
ttruetion^Gift to Exeeutori) 235 

Tbonton v, Ellis. — {Railway Sharee-^Tenant for Life 

'-Smjoymmit m Specie— Mortmain Act) 236 

Vice-chancellor Turner's Court. 
King V. 'MaXieott.'-'{Landlord and Tenant^Liability 
qf Aseete of deeeaeed Leeeee) 237 



Vice-chancellor Parker's Court. 

Great Western Railway Company v. Rnshout and 
Others.— (/n/Mfictf ton to restrain, the Use t^Name, 
Sealy Funds, and Credit of Railway Company in 
making an Application to Parliament — Parties), . 238 ' 
Court op Queen's Bench. 

Reg. V. OTerseers of Hartfiejd.— (9 4* 10 Viet, e. 66-7- 
Computation office Years^Imprisonment) ,,,,,. ^ 244 

Reg. V, Inhabitants of St. Andrew's, Holbom. — (9 Sf 
10 Vict. e. 66, s, I— Computation qffve Vears^ 
Imprisonment for Misdemeanour) 246 

Webster v. Kirk.— (Statute qf Limitations— Bill of 
Rxekange, Security for Debt of another — Action by 

Payee against Drawer) 247 

Court of Common Pleas. 

East Anglian Railways Company v, Eisstem Counties 
Railway Company. — {Covenant— Illegal when be- 
yond the Purposes of Act — Corporatioft) 249 

Exchequer Chamber. 

Wood V, Adcock. — {Award— Joint and several Die- 
putes— Payment to third Party) 251 



LONDON, MARCH 27, 1862. 

Thb mle of the Court of Chancery, wHh regard to 
the corts of aasignees of an insolvent or bankrupt made 
defendants in respect of the estate of the bankrupt or 
inaolTejf^ has, considerably fluctuated. Aceordtng to 
the older cases, if, in a suit by a mortgagee for fore- 
closuie, the mortgagor, or any person olaimbg under 
him, was bankrupt or insolTcnt, and it became neces- 
sary to make the asngnees of the bankrupt or insolvent 
potin to the soft, if such aasignees, by their answer 
inthe siut, disclaimai and gave up all interest in the 
property, the Court said they were entitled to be dis- 
miffied, and to be paid their costs incurred In the suit. 
But in modem cases the rule was just reversed ; it was 
said the aangnees of a bankrupt or insolvent must stand 
in the poeitioii of the bankrupt or inselvent himself. If 
a person had mortgaged his estate to another, then, if 
the mortgagee found it necessary to proceed against the 
mortgagor to Recover payment of his debt, it is quite 
clear tliat the mortgagor must pay the debt and the 
coets. If the mortgagor became insolyant, and hb 
asBignees took upon themselves the management of his 
estate, they did so with the knowledge of his circum- 
stances, and they must take his rights, such as they 
are, subject to his liabilities, such as they are. They 
cannot stand in a better position than the bankrupt or 
insolvent whcitn they represent ; and if he could not 
ask for his costs in any suit to which he is made a 
party, neither daa they. 

Thi9 is the Substance of the decinon in the case of 

Appl^ v. Duke^ which was heard first before Sir J. 

Wigiam, y. C<, and afterwards, on appeal, before Lord 

Cottonham. In that case, and in the cases of a similar 

Vol. XVi. K 



character, the circumstances were, that in a suit to 
which the assignees of an insolvent or bankrupt were 

rperly made defendants, such assignees, disclaiming 
their anawer, but not having sooner disclaimed, aU 
inteijBst in the property in question in the suit, were 
not hedd entitled to be dismissed, with their costs. The 
question was much discussed in the case of Chibriel v. 
Sturgiif (5 Hare, 96), in which the defendant, the assignee 
of an insolvent^ stated that he had never heard of any 
claim until he was informed of it by the bill ; and by his 
answer said, that, if he had been applied to» he would 
have been ready to disclaim all interest in the suit; but 
he did not say by his answer that he had oflfered to 
disclaim, either before the institution of the suit, or 
immediately upon being informed that it was. so. i^tl- 
tttted ; and the Court held that he was not entitled to 
be dismissed, with costs. The rule, therefo];e, up to 
that time, was this — if the assignee of a bankrupt or 
insolvent was prim& &cie a necessary party to a suit, 
it would not be sufficient for him to shew by his 
answer that he claimed nothing in the estate: that 
would entitle him, it is true, to be dismissed, but not 
to have his costs. What would entitle him to his costs 
was indicated, but not very precisely stated, in the 
cases of Applefy v. DuJte and Oabriel v. StwrgU. Li two 
very recent cases, however, the point has arisen and 
been decided. In Loch v. Zonuw, (15 Jur., part 1, 
p. 162), which was a foreclosure suit, the assignees of 
a person interested in the mortgaged estates were made 
defendants; they, by their answer, stated that they 
had, before the institution of the suit, ofiered to dis- 
claim by deed. It was objected, that th^Bg ^ ^ hw ^hftd 
offered to disclaim by deed, theyj; 
pay the costs of the deed ; that a mos^agor yi^ eH 




94 



THE JURIST. 



to be paid his debt, and was not to be pot to any 
costs whateyer, and oonsequently the assignees had not 
offered all they were bonnd to offer; bnt Sir J. L* 
Knight Bruce, V. C, was of opinion that they were 
entitled to be dismissed, with their costs. The same 
point, with some stighUy dissimilar circamstanoes, 
arose in the case of fVilliams y. l4ftnaSf a suit con- 
cerning the same estate as in Loci y. Lomatf and 
which was heard before the Master of the Rolls on the 
22nd March, 1852. In that case the bill was filed by 
persons claiming to be interested in the estate of John 
Wheeldon, the testator in the cause; and the assignees 
of John Benton, who was tenant for life, and who 
had become insolvent, were made defendants to the 
snit: they, by their answer, stated that they knew 
nothing of the suit until they were informed of it by 
the plaintiff's solicitor : that, on being informed of it, 
they immediately wrote to the plidntiff's solicitor, 
offering to disclaim by deed all interest in the subject- 
matter of the suit : that the plaintiff's solicitor replied 
to them, that they had better appear in the suit, and 
answer or disclaim, as they should be advised : that 
they replied by again offering wholly to disclaim ; and 
they afterwards pat in their answer, in which they 
stated this coirespondence, and in distinct terms dis- 
claimed all interest whateyer in the testator's estate, 
and in all subject-matter of the suit. The point was 
folly argued on the part of the plaintifis, and the atten- 
tion of the Court was particularly called to this point — 
(hat assignees are in the nature of trustees, and that 
they have no power to disclaim any estate to which they 
are entitled, without the authority of those whom they 
represent; bnt the Master of the Rolls said, that under 
the circumstances the assignees were entitled to be dis- 
missed, with their costs. He said it was a great hardship 
if persons representing an insolvent estate, and having 
no funds wherewith to meet costs, were brought into a 
suit, and exposed to incur heavy costs; and although 
it was settled, that if they did not shew that before 
patting in their answer they had abandoned all claim 
to the estate, they could not claim their costs of appear- 
ing in a suit to which they are necessary parties, yet it 
would be an intolerable oppression, if, when, being in- 
formed they were made parties to a suit, they offered at 
once to give to the plaintiff all that he could obtain 
against them by a decree, the plaintiff should be entitled 
to keep them before the Court, and leave them to pay 
their own costs ; and accordingly, in WilHanu v. Lomas, 
the Master of the Rolls dismissed the bill, as against the 
assignees of the insolvent, with costs. The rule may 
now be stated thus:— If the assignee of an insolvent 
or a bankrupt, interested in the estate affected by the 
suit, being made defendant, does nothing until he puts 
in his answer, and by hb answer disclaims all interest, 
he will not be entitled to be dismissed with costs ; but 
if he shews by his answer, or by the evidence in sup- 
port of his answer, that before the suit, or immediately 
upon being apprised of the suit, he offered formally to 
disdidm and give up all liis interest — ^that is, if he 
offered, either before or so soon as he was informed of 
the plaintiff's claim, to put him in the same position 
as if he had obtained a full decree against that parti- 
cular defendant — then that defendant is entitled to be 
dlmniBBed from the suit, and to be paid all the costs he 
9, 



has incurred by being onnoeessarily continued a party 
to it. This role seems now to be settled by the two 
cases of Lock v. Lomas and JVilHamt v. Lmat; and it 
seems to be in perfect accordance with common sense 
and common justice. 

For although it may be quite right that if, by the 
practice of the Court, a plaintiff is bound to make all per* 
sons apparently interested in an estate parties, It wotilS 
be hard upon the plaintiff, that when those persoiis teQ 
him, for the first time, by their answer, that they are not 
or do not claim to be interested, he should have to pay 
them their costs; it is, on the other hand, imposBible 
to conceive greater oppression or grosser tibsurdity, tittn 
when you proceed against a man, claiming against him 
some right, and the moment you tell him what it is 
you claim, he replies, " I give up to you every atom of 
that which you claim against me," that, notwithstand- 
ing that absolute concession, the plaintiff should be en- 
titled to keep him before the Court at the expense of 
such defendant. It seems perfectly reasonable thati( 
after an offer of such unconditional submission, the 
plaintiff chooses, for his interest^ or his fancy, or his 
folly, to pat the defendant to expense, he ought to pay 
the expense out of his own pocket ; and such b tlM 
result of the two cases cited of Loci v. Lomu and 
JVilliamt v. Lomas, 



UPON THE EXEMPl'ION FROM DISCLOSURE 
OF MATTERS COMMUNICATED IN PROFES- 
SIONAL CONFIDENCE. 

iContinmed/romp, 43). 

In Ormumah v. GasHtt, (1 My. & K. 98), (see also 
Sandfird Y.Keminfiony 2 Yes. jun. 189, and Ivrigky, 
Mtj^tr^ 6 Ves. 280), the bill sought from the defendant^ 
who was the attorney of anoth^ party, a diacoTeiytt 
entries which he made in his boolu, and of letlsn xe- 
ceived and written by him in his character of pn&s- 
sional adviser, for the purpose of fixing him personsUj 
with firand in procuring from the plaintiff a promissoiy 
note, which the bill prayed to have delivered up tful 
cancelled; but Lord Brougham refosed to compel him 
to disclose papers delivered or oommunicationa maie 
to him, or letters or entries written or made by hiKO, in 
that capacity. This case, perhaps^ carried the doctnoe 
of privueee, so far as it relates to uie adviser, to its ex- 
treme, ana the propriety of part of it has been doubted by 
Lord Cottenham, who has renuirked that there m^ibt 
have been papers in that ease in the defendant's poe»- 
sion to whicn the privilege would not apply, U<^ 
rocf£A y. RawliiM^ 8 My. & C. 523 ; see Qiurt v. 001% 
16 Jar., part 1, p. 1168), namely, letters. &c. reoeived 
by him from third parties, or communications from col- 
lateral quarters, in the disdosure of which there woula 
be no breach of oonfidenoe. 

The privilege of protecting from disclosure comms- 
nications, in whatever form made, {^Bchmm y.Kmf^^ 
Esp. 64), which have passed, in professional confidence 
between a solicitor ana his client, is confined to com- 
munications had between them in their respectife 
characters of solicitor and client; and where the rigl^ 
of privilege exists, the benefit of it can be ckimed and 
insisted upon both by the representatives of the dieat 
after his death, and by those claiming derivativel^rfroiB 
him. At least, this was the opinion of Sir J. WigniBf 
V. C. {ChafA V. Brwmy 7 Hare, 87; RumM v. /«*- 
AMI, 16 Jur., parti, p. 1117). But inacase ((ttsoi^ 
y. King^ 1 Beav. 1461 where an annuity wastransfenja 
to the defendant in the suity he attempted to rosist tbe 



THE JURIST. 



95 



prodaction of certain letters and papers whicli had 
passed in confidence between the transferree and his 
(the tiansferror^s^ solicitor, and which had been handed 
over to the defendant, upon the transfer of the annuUy, 
either by the transferror himself, or by his solicitor 
with his consent; but Lord Langdale compelled the 
production of them. 

The priril^fe is not extended to any but professional 
communieations ; and therefore, where the solicitor is 
made the tool of the client, and documents are con- 
cocted between them for fraudulent or unlawful pur- 
poaea^ neither of them will be allowed the benefit of the 
unial rule of privilege, which is only applicable to cases 
where the true relation of solicitor and client subsists; 
(B^neU r. Sprye^ 10 Bear. 61; S.C., 11 Bear. 618); 
and where the transaction is one upon which it is per- 
fectly lawful for the client to ask, and the solicitor to 
give, professional advice, cases of finand, contrived by the 
client and solicitor in concert together, do not come 
mthin the rule itself, which does not apply to all that 
paEses between a client and his solicitor, but only to 
what passes between them in professional confidence ; 
and no Court, as Lord Cranworth, Y. C, recently re- 
marked, IFoUeU y.j€fferyt»^ 1 Sim., N.S., 1), can per- 
mit it to be said that the contriving of a fraud can form 
part of the professional occupation of an attorney or 
aohcitor ; and as little can it be said that it is part of a 
solicitor's duty to advise his client as to the means of 
evading the law. (Buudl v. Jacitm^ 16 Jur., part 1, 
p.lll7> 

Nor lathe privilege extended to communications from 
collateral quarters, or to adverse proceedings communi- 
cated to the adviser, as solicitor in the cause, from the 
opposite party, {SpeaieeUjf v. Sehulenhurgh^ 7 East, 367 ; 
Detbanfugk v. Bawlins, 3 My. & C. 616 ; Oore v. Har- 
riiy 16 Jur., part 1, p. 1168), or to any information or 
knowledge acquired oy the adviser, otherwise than, or 
in oonaequence of, his having been consulted profes- 
sionally. {Gremottffh v. GasiiU^ 1 My. & K. 98; 
WheaO^ T. WiUiams, 1 M. & W. 633; SpenceUy v. 
SektUenhurgh, 7 East, 367 ; Sawyer v. Birchmore. 3 My. 
& K. 572). 

Communications made to a solicitor, as a confidential 
Mend, for advice, but not professionally as a solicitor, 
are not privileged from production ; ( WiUon v. BaOaU^ 
4 T. B. 769 ; Greenlaw v. Kimg^ 1 Beav. 146); neither 
are communications made to a person confidentially, on 
the lupposition of his being an attorney, when, in fact, 
he iras not one. {Fnumknn v. Ymmg^ 6 Esp. 113). But 
the soundness of the latter determination may be ques- 
tioned, as the client was not only deceived, but injured 
hy the deception practised upon him, if it lead to a 
ducloeare of matters which, as far as he was concerned, 
treie communicated in perfect good faith, and for a 
Imd purpose — that of obtaining professional assistance. 

The privilege is not extended to friends, parents, 
medical attendants, deigymen, stewards, or other per- 
sons, even in the most closely confidential relation, who 
may, therefore, be compelled to disclose communications 
made to them; {Greenlaw v. iTtn^, 1 Beav. 146; Ph. 
£t. 176, 8th ed.); nor to commumcations made, subse- 
quently to the institution of a suit, by a defendant to 
an unprofessional agent abroad, and by the latter to 
the defendant confidentially, and in reference to his 
defence to the suit. {Kerr v. Gillespie^ 7 Beav. 672 ; 
GoodaU V. Little, 1 Sim., N. S., 166). 

** What, for the purpose of discovery," said Sir J. L. 
Knight Bruce, V. C., m Pearse v. Pearse, (1 De G. & 
S. 12), '* b the distinction, in point of reason or prin- 
ciple, or justice or convenience, between such commu- 
nications— that is, communications between a client and 
his counsel or solicitor after litigation commenced, or 
after the commencement of a dispute ending in litiga- 
tion, at least if tliey relate to tne dispute or matter 
in dispute— and thoae which differ from them only 



in this, that they precede instead of follow the actual 
arising, not of a cause for dispute, but of a dispute, I 
have never hitherto been able to perceive. A man is 
in possession of an estate ; he is not under an^ fiduciary 
obligation ; he finds a flaw or supposed flaw m his title, 
which it is not, in point of law or in equity, his duty 
to disclose to any person; he believes that the flaw, or 
supposed defect, is not known to the only person who, 
if it is a defect, is entitled to take advantage of it, but 
that this person may probably or possibly soon hear of 
it, and then institute a suit or make a claim. Upon this 
apprehension he consults a solicitor, and through the 
solicitor lays a case before counsel on the subject, and 
receives his opinion. Some time afterwards the appro* 
bended adversary becomes an actual adversary; for, 
coming to the knowledge of the defect or supposed flaw 
in the title, he makes a claim, and, after a preliminary 
correspondence, commences a suit to enforce it ; buL 
between the commencement of the correspondence and 
the actual institution of the suit, the man in possession 
again consults the solicitor, and through him again 
lays a case before counsel. According to the respond- 
ent's argument before me upon this occasion, the de- 
fendant, in the instance I have supposed, is as clearly 
bound to disclose the first consultation and the firft 
case as he is clearly exempted from discovering tha 
second consultation and the second case. I have, I 
repeat, ^et to learn that such a distinction has any 
foundation in reason or convenience." And his Honor 
therefore held, that as far as any discovery by the soli- 
citor or counsel was concerned, the Question of the 
existence or non-existence of any suit, claim, or dispute 
was immaterial. 

And as a solicitor cannot always act in person, it la 
sometimes necessary to employ an agent for professional 
purposes, who, in performmg this duty, is considered 
as representing the solicitor, and his communicationSt 
both to the solicitor and his client, will be privileged from 
production, upon the same principle on which the 
communications of the solicitor himself would, under 
similar circuQistances, be privileged. {Steele v. Stewart^ 
1 Ph. 471; Bunbufy v. Bunbury^ 2 Beav. 173; HugAe0 
V. Biddulphf 4 Russ. 190 ; Beid v. Langloit, 1 Man. & 
G. 627; Goodall v. LiUle, I Sim., N.S., 166; BuswU v. 
Jackson f 16 Jur., part 1, p. 1117). So, an interpreter, 
acting as the organ of communication between an attor- 
ney and his client, is deemed to stand in precisely the 
same situation as the attorney himself, and is under the 
same conditions of secresy . {'De Barre v. LiveUe, Peake, 
78). The rule of privilese has also been extended to the 
clerk of the counsel or solicitor consulted. {Forgter v. 
Haynes, 1 Car. & P. 646; Taylor v. ForHer, 2 Car. & 
P. 296). 

All communications, therefore, which take place, in 
the ordinary course of professional business, between a 
solicitor and his client, are privileged; that is, are not 
allowed to be disclosed in a court of justice to the pre- 
judice of the client. Sir John Leach, although he re- 
cognised the rule that the privilege extended to every 
communication made by the client to his solicitor for 
professional assistance, appears to have thought that 
the employment of a solicitor in the treaty for the pur- 
chase of an estate was a matter not j^rofessional, and 
therefore that communications from him to his client, 
while so employed, did not come within the rule of pri- 
vilege. ( Walker v. Wildman, 6 Mad. 47). The effect, 
however, of this restriction upon the eeneral rule is ob- 
viously inconsistent with the principle upon which it 
is founded, and consequently it has not been recog- 
nised in a later case, ( Walsingham v. Goodrkke, 3 Hare, 
122; see also Herring v. Clobery, 1 Ph. 91, and Carf>- 
mael v.Powis, Id. 689), in which Sir J. Wigram, V. G., 
held, that communications which passed between a 
solicitor and his client in the progress of a treaty for 
the sale of an estate, and before any dispute had arisen, 



96 



THE JURIST. 



thoueh with reference to the very subject in respect 
of which a dispute subsequently arose, were privi- 
l^;ed from production, so far as the^ contained legal 
advice or opinions, but not otherwise, in a suit for the 
specific performance of an agreement which resulted 
out of that treaty. It b difficult to understand why, 
in this case, the privilege was extended merely to so 
much of the communications between the solicitor and 
client as contained legal advice or opinion, and not 
generally to the whole of the communications, which 
certainly took place in the ordinary course of profes- 
sional business ; and although the decision in this case 
has recently been followed in specie, it is submitted 
that it is opposed in principle both to preceding and 
subsequent determinations on the point. (Hawkins v. 
Gathercole^ 16 Jur., part 1, p. 186). 

A defendant who relies upon the privilege is bound 
to bring himself clearly and distinctly within it; (Des- 
horouffhy. Ratclins, 3 My. & C. 515 ; Smith v. The Duke 
of Beaufort^ 1 Hare, 507); and therefore the answer 
should allege positively the facts upon which the de- 
fendant seeks to avail himself of the privilege, and that 
the communications, in respect of which he insists upon 
the rule, took place in the relation of solicitor and client^ 
and contain confidential communications and advice; 
(see Store^f v. Lord John Lennox^ 1 Kee. 841; affirmed, 
1 My. & C. 525); and therefore, where the defendant 
stated in his answer that he was advised that the letters, 
&c. mentioned in the schedule were privileged com- 
munications. Lord Langdale held that the answer did 
not bring them strictly within the rule, (Penruddock 
T. Hammond^ 11 Beav. 56; Balwy v. Broadhurst^ 1 
Sim.. N. S., Ill), but he save the defendant leave to 
supply the omission by affiaavit. 

Where a defendant admitted the possession of certain 
papers and writings^ and allej^ed that they had been 
prepared and made smce the dispute arose, and with a 
yiew to, and in contemplation of, the litigation of that 
dispute, and of the defendant's defence to the plaintiflTs 
claim, but did not allege that they were statements or 
communications made and had between her and her 
solicitor in the relation of solicitor, it was determined 
that the defendant could not resist a motion for their 
production. (Maden v. Veevers^ 7 Beav. 490). So, 
where a defendant's solicitor wrote some letters to a 
witness for the defendant upon the trial of an action, 
and the defendant, in his answer to a bill in equity 
relating to the same matter, alleged that those letters 
were written, after the institution of the original suit, 
for the purpose of the defendant's defence thereto, but 
did not allege that they were confidential communica- 
tions, it was neld that tne plaintiff^ was entitled to have 
them produced. (I%e Mayor of Dartmouth v. Holds- 
tporih^ 10 Sim. 476). So, again, where a solicitor de- 
murred to an interrogatory requiring the disclosure of 
some correspondence between him and his client, upon 
the ground that the letters inquired after where re- 
ceived by him in the character of confidential solicitor, 
but did not allege that they contained confidential 
communications, his demurrer was overruled. ( Walsh 
T. Trevaniott, 15 Sim. 577). 



lonton (Shwm. 



FRIDAY, Mabch 19. 

BANKRUPTS. 
CHRISTIAN KLU6, New Bond-st., MiddleMz, Revalenta 
Arabica importer, Revalenta Arabica manufacturer, dealer 
and diapman, (trading under the name or style of Du Barry 
& Co.), March 30 at 1, and April 29 at 11, Court of Bank- 
rtiptcy, London : Off. Aas. Johnson ; Sols. Sharpe & Co., 
Bedford-row.— Petition filed March 9. 

4 



WILLIAM GREEN, CoggeshaH, Essex, builder, dealer and 
chapman, March 30 at 11, and April 29 at 12, Cooit of 
Bankruptcy, London: Off. Ass. Bell; Sols. Nichols & 
Clarke, 9, Cook's-oourt, Carey-street. — Petitum filed 
March 6. 

JOHN BRANCH, High-st., Camberwell, Suney, com dealer 
and It? ery-stable keeper, dealer and chapman, March 27 st 
11, and April 30 at 1, Court of Bankruptcy, London: Off. 
Ass. Whitmore ; SoL Wilson, 16, Gresham- street, London. 
^Petition filed March 16. 

ROBERT WOOD, Wardour-st., Soho, Middlesex, uphd. 
sterer and cabinet maker, March 30 and April 30 st 1, 
Court of Bankruptcy, London : Off. Ass. Graham ; SoL 
Kinsey, 20, Bloomsbury-sq.— Petition filed March 9. 

JAMES DORMOR, late of Oiford, but now of ChBrlei.it, 
St. John's Wood, Portland>town, Middlesex, grocer and 
cheesemonger, dealer and chapman, March 22 at 11, and 
May 1 at 1, Court of Bankruptcy, London: Off. Aa. 
Pennell ; Sol. Cooke, 7, Linooln's-inn-fidds.— -PetitMu filed 
Mansh 16. 

BENJAMIN SMITH, Droitwich, WoraestershirB, salt ma. 
nnfacturer, March 31 and April 29 at balf.past 11, District 
Court of Bankruptcy, Birmingham: Off. Ass. Christie; 
Sols. Motteram & Co., Birmingham. — Petition dated 
March 11. 

GEORGE HENNEY, Ehnley Lovett, Worcestershire, tk- 
tualler, dealer and diapman, March 31 and April 29 at 
half-past 11, District Court of Bankruptcy, Birmingfam: 
Off. Ass. Whitmore; Sol. Smith, Birmingham .—Petitioa 
dated March 15. 

JOHN GREENER the younger, Wigan, Lancashve, iron. 
monger, dealer and chapman, April 1 and 22 at 11, District 
Court of Bankruptcy, Manchester: Off. Aas. Lee; Sol 
Barrow, Wigan.— Petition filed March 17. 

MsniNos. 
Bdwin Bliss, Barbican, London, bmshmaker, March 30 at 
half.past 11, Court of Bankruptcy, London, pr. d.—WuUer 
Z)«iy, White'i-row, Spitaifidds, Middlesex, macaroni nsni- 
Ihcturer, March 31 at 1, Court of Bankruptcy, LoBtaa,]ir. 
d.^Frederiek W, Maeandrew, MilUwaU, POplar, Middtesa, 
brewer, April 15 at 11, Court of Bankmptcy. London, M 
ex.— JoAii O. Marsh f Church -at., Minories, London, caipea* 
ter, March 30 at 12, Court of Bankruptcy, London, last ex.— 
R. Darlington, Wigan, Lancashire, money acrivener, Msrch 
31 at 12, District Court of Bankruptcy, Manchester, laita.— 
Frederick Long, Vere-street, Oxford-street, Middlesei, im- 
porter of foreign lace, April 2 at 12, Court of Bankrupt^, 
London, aud. ac. — Wm. Young, Newport, Monmontbahire, 
victualler, April 1 at 1 1, Diatrict Court of Bankruptcy, Bristol, 
aud. tiC-^James Brotktrstom, Liverpool, merchant, April 1 at 
11, District Court of Bankruptcy, Liverpool, aod. ac.— Tte* 
Daiton and Thomas Edwards, Birmingham, ironfoonden, 
Mareh 31 at half-past 11, District Court of Bankruptcy, Bir- 
mingham, and. ae. — Sdwin Andrews, Iweme Courtney, Dor- 
aetshire, farmer, March 31 at 11, District Court of Bankraplcf, 
Exeter, aud. ac. ; April 20 at 11, diw, —James Dixon, Morief, 
Batley, Yorkshire, dyer, April 1 at 11, Diatrict Court of Bsnk- 
ruptcy, Leeds, aud. ac.~ ITm. Shaw, Leeds, Yorkshire, mill- 
wright, April 1 at 11, Diatrict Court of Bankmptcy, Leeds, 
aud. sc.— James Napier the younger, Sheffield, Yorkshiie, oil 
merchant, April 3 at 12, District Court of Bankruptcy. Sheiield, 
aud. sc.—Wm. Cole, Apoerley Bridge, Calverley, YorkshiTe, 
consulting engineer, Apnl 1 at 11, District Court of Bsnk- 
ruptcy, Leeds, aud. ac. ~ Joseph Broadbeni, Saddleworth, 
Yorkahlre, woollen manufacturer, April 19 at 1, Diatrict Gout 
of Bankruptcy, Leeda, aud. ac. and fin. div.— /. O. Odgef^ 
Edmonton, Middlesex, gaa fitter, April 20 at 11, Court of 
Bankruptcy, London, iif, ^Thomas Milward, Uffcubne, De* 
Tonshire, miller, April 20 at 11, District Court of Bankruptcyr 
Exeter, dir. 

ClftTIFICATSa. 

7b he allowed, unless Cause be shewn to the conirarg m «r 
brfore the Da^ i^ Meeting, 

Robert Hawkins, Famham, Surrey, grocer, April 22 at If 
Court of Bankruptcy, London.— CAos. Jos. Sanders, CoIUflf' 
wood-atreet, Blackfriars-road, Surrey, proviaion mercbsnt, 
April 15 at 1, Court of Bankruptcy, liondon. — Robt, Trover, 
College-street, Chelsea, Middlesex, builder, April 15 at 12, 
Court of Bankruptcy, London.— /oAii W. Dawsmi and Thei, 
E. Williams, Crescent-place, New Bridge-itreet, Blackiiian, 



THE JURIST. 



97 



London, wine merchanta, April 15 at 2, Coart of Bankruptcy, 
LoodoD.— /Hedrrieit IVmch, Margate, Kent, Uilor, April 10 
athilf-pastll, Coart of Bankruptcy, London. — 7. Gardiner t 
Bristol nddler, April 22 at 11, District Court of Bankruptcy, 
Btistol—Edwrn-d Lowe, Bristol, toy dealer, April 22 at 11, 
DiBtrict Court of Bankruptcy, Briitot. — Thomas Cottinffham, 
West Birkwitb, Lincolnshire, wool buyer, April 14 at 12, 
DistrictCourt of Bankruptcy, Klogston-upon-Uull, 

n be granted, unleu an Appeal be duly entered. 
WiUwm Nath, Noble-st., London, woollen warehouseman. 
^Deeii Boobbyer, Tavistock, Devonshire, ironmonger. — 
JOckerd Talbot, Lincoln, dealer in galranic macfaines.---/oAii 
BiU, WolTerhampton, Staffordshire, hinge manufacturer. — 
Semeel Maton, Newcastle-under-Lyne, Staffordshire, draper. 

Scotch SBQUsaTKATioNa. 
Jeaut M*Kellar 4* Co., Glasgow, silk manufacturers.— D. 
Hill, Edmburgh, shoemaker. ~Pe/er Smptk, Tillicoultry, 
Clarkmsnnsnihirei woollen manufacturer. 

INSOLVENT DEBTORS 
Wko kaeeJUed their Petitione in the Court qf Bmakruptey, 
ted hne obtained mn Interim Order for Protection from 



Wm, Woodthorpe the elder, Stickney, Lincolnshire, out of 
boiinen, April 3 at 11, County Court of Lincolnshire, at 
Spiltby.— /. FT. Franklin, Bristol, glass cutter, April 21 at 11, 
Coanty Court of Gloucestershire, at Bristol.— i>amW Skid' 
more, Briitol, tailor, April 1 at 11, County Court of Glou- 
oeiterdiire,at Bristol.— IFm. Hobert Warren, Takely, Essex, 
dotfaes salesman, ikpril 14 at 11, County Court of Essex, at 
Basmow.^Iiaac Andereon, Foxearth, Essex, farmer, April 12 
at 12, Coanty Coort of Suffolk, at Sudbury.— /oAfi Parker 
SMiM, Peterborough, Northamptonshire, shoemaker, March 
22 at 11, Coanty Court of Northamptonshire, at Peter- 
boTOBgb. — Thomae Woodcock, Backway, Hertfordshire, 
ia2K«rer, March 30 at 12, County Court of Hertfordshire, at 
Sofiton.— IFm. Sample, Bothal and Matfen, Northumber- 
land, farmer, April 16 at 10, Coanty Court of Northumber- 
land, at Morpeth.— JoAii Gilee the elder, Lincoln, botdier, 
April S at 12, Coanty Court of Lincolnshire, at Lincoln. — 
JoAa Knott, Branston Booths, Braniton, Lincolnshire, farmer, 
April 6 at 12, County Court of Lincolnshire, at Lincoln. — 
Tiomat Mead, Leighton Buzxard, Bedfordshire, ooach- 
boiUer, April 19 at 12, Coanty Court of Bedfordshire, at 
LdghtonBozzard. 

J%ifillotein0 Pereone, who, on their eeoeral Petitione filed in 
the Ceurtp have obtained Interim Ordere for Protection 
from ProcoeOf are required to appear in Court ae herein^ 
^fter wtentionad, at the Court-houee, in Portugal^etreet, 
iMcela'ff AsjSy ae followe, to be examined and dealt mth 
oeeoriiMg to ike Statute . — 

April 2 mill, krfore the Cbhf Commxssignbk. 
19^m, Jehn Beard, Great Suffolk-st., Southwark, Surrey, 
pluiber.— George Downey, Moont-row, Weatminster-road, 
Lambeth, Surrey, plate-glass factor. 

April 2 at 10, brfore Mr, Commieeioner Law. 
/asset Woolcock Jamee, Sutton, Surrey, baker. 

April 3 af 11, b^ore Mr. Commieeioner Phiixipb. 
William Rueeell Harrieon, St. Alban's-terraoe, VauxhaU- 
bridge-road, Weatminster, Middlesex, apothecary.— /(dAis IZms 
Bowtand Siekarde, Lewisham, Kent, schoolmaster. 

The following Pri t oner e are ordered to be brought up brfore 
the Court, in Portugal^etreet, to be examamed and dealt 
with according to the Statute:-^ 

April 2 at II, btfore the Chikv CoMMissiOMift. 
/otgyAFFi/ZiamXas/, Victoria-terrace, Stockwell, Lambeth, 
Surrey, out of business.— Ift//Min Gsrmais, Broad-street, 
Lambeth, Sarrey, milkman. — William Oolden, Shaftesbury- 
itreet, New North-road, Middlesex, cheese factor.— /amea 
Boere// Hackney, Milested- terrace, Church-fields, OldKent- 
n)ad, Sarrey, commission agent. 

April 2 of 10, b^ore Mr, Commieeioner Law. 
Henry Perkine Paeemore, Crown-plaoe, near the Canal- 
tmdge. Old Kent-road, Surrey, plumber.— ITm. Kirkpairick 
Seulh, ScebUngtoiioftreet, Clare&don-tqnare, Somers-town, 



Middlesex, cheesemonger. — William Hex, Northumberland- 
court, Northumberland-atreet, Strand, Middlesex, carpenter. 
— George Northcote, Dudley-place, Harrow-road, Padding- 
ton-green, Middlesex, dealer in butter.— JRicAor^ Hodder, 
Dean-atreet, Soho, Middlesex. 

April 3 af II, btfore Mr, Commieeioner Phillips. 
Comeliue Alfred Jaquin, Monkwell-street, Falcon-square, 
London, machinist. — Joeeph Taylor Durrani, Widford, near 
Chelmsford, Essex, cattle dealer.— CAmffl^pAer Holt, Lirer- 
p3ol-Btreet, King's-crosa, Middlesex, out of bnsineaa. — Wil^ 
liam GiUbanie, Mintem-street, New North-road, Hozton, 
Middlesex, Manchester agent. 

April 5 at 11, b^ore the Chibp Commissionbk. 
Thomae Ward, Little Titchfield-street, Portland-street, 
Marylebone, Middlesex, commission agent. — Henry Bigge, 
Prospect-Tllla, Clewer-green, near Windsor, Berkshire, oat 
of employment. 

April 5 at 10, brfore Mr. Commieeioner "Lkw, 
leaac Hum, Victoria-place, Hackney-road, Middlesex, rope 
dealer. — William Henry Thompeon the younger, Albany- 
street, Regent's-park, Middlesex, in no employment. — Frede-' 
rick Debenham, Sidney-terrace, Kilbum, Middlesex, baker. 
— JohnDay, Bridge-house-place, Newington-causeway, Sarrey, 
vestry clerk. 

April 5 at 11, brfore Mr. Commieeioner Phillips. 
William Haggle, Woolwich, Kent, licensed beer retailer.— 
William Mille, Lyndhurst-square, Camberwell, Surrey, com- 
mercial clerk. 

The following Prieonert are ordered to be brought up before 
a Judge qf the County Court, to be examined and deaU 
with according to the Statute .— 

At the County Court qf Kent, at Maidstoms, April 5 
at 12. 
Jamee Leede, Milton next Graveaend, licensed TietaaDer.— 
Richard Tonke Muekle, Woolwich, newspaper agent. 

At the County Court qfJJneolnehire, at Lincolk, April 6 
at 12. 
John Boor, Holbeaeh, plumber. 

At the County Court qf Monmouthehire, at Monmouth. 
4|yn7 8 4i/ll. 
Daoid Parry, Trosnant, near Pontypool, common brewer. 
— Jamee Walker, Speenhamland, near Newbury, BerksUre, 
attomey-at-law. 

At the County Court cfKeni, at Dotxr, Ajpril 15 of 10. 
Hewry Hughee Allen, Dover, a prisoner in the Castle of 
Dover. •_— 

TUESDAY, Mabch 23. 
BANKRUPTS. 

WILLIAM STEVENS, High Holbom, Middlesex, uphoU 
sterer, April 2 and May 7 at 12, Court of Bankruptcy, 
London : Off. Asa. Cannan ; SoL Taylor, 15, South-street, 
Finsbury-sq. — Petition filed March 12. 

JOHN WOOD, Putney, Sarrey, brewer, dealer and chap- 
man, March 31 at half-past 12, and May 4 at 12, Court of 
Bankruptcy, London : Off. Ass. Graham ; Sols. Lawrence 
& Co., 14, Old Jewry-chambers.— Petition filed March 17. 

CHARLES HENRY WHITE, Southampton, dealer in 
china, glaas, and earthenware, March 29 and Msiy 8 at 12, 
Court of Bankruptcy, London : Off. Ass. Nicholson ; Sol. 
Braikenridge, 16, Bartlett'a-buildinga. — Petition dated 
March 20. 

RICHARD CHAMBERLAIN, Uttoxeter, Staffordshire, 
draper, dealer and chapman, April 3 and May 3 at half-pasC 
10, District Court of Bankruptcy, Birmingham : Off. Ass. 
Bittleston; Sols. Motteram bt Co., Birmingham; Cos, 
14, Sise-lane, London.— Petition dated March 4. 

JAMES LUXFORD, Market Rasen, Lincohiahire, draper, 
April 14 and May 5 at 12, District Court of Bankrupti^, 
Kingaton-upon-Hull: Off. Ass. Carrick; Sol. Tweed, Lin- 
coln.— Petition dated March 6. 

GEORGE FOSTER, Chorlton-npon-Medlock, Lenoashiie, 
joiner and builder, April 5 and 28 at 12, District Court of 
Bankruptcy, Manchester! Off. Ass. Pott; Sols. Meiin. 
Whitworth, B(aiiGhe8ter.<-PMitioD filed March 19. 



98 



THE JURIST. 



JOHN CADMAN, Derby, grocer, dealer and chapman, 
April 2 at half-pait 10, and April 30 at 12, Diatrict Conrt 
of Bankruptcy, Nottingham : Off. Aaa. Bittleaton : Sola. 
Yallick, Derby; Motteram & Co., Birmingham.— Petitioa 
dated March 11. 

ROBERT TOMLINSON CA.RLISLE, Sheffield, York- 
ahire, and Beighton, Derbyshire, builder, brickmaker, and 
railway contractor, April 3 and May 15 at 10, Diatrict 
Court of Bankruptcy, Sheffield : Off. Aaa. Freeman ; Sola. 
Broomhead, jun., and Femell, Sheffield.— Petition dated 
and filed March 18. 

WILLIAM TODD and JAMES TODD, Liverpool, provi- 
sion merchanta, dealers and chapmen, (trading under the 
firm of William Todd & Co.), April 5 at 12, and April 26 
at 11, District Court of Bankruptcy, Liverpool : Off. Aaa. 
Morgan; Sol. Holden, Liverpool.-- Petition dated March 20. 

ANSON HARDY, Liverpool, general and commission mer- 
chant, and passenger broker, dealer and chapman, (trading 
under the firm of Anson Hardy & Co.), Apnl 2 and May 6 
at II, District Court of Bankruptcy, Liverpool: Off. Ass. 
Turner ; Sol. Holden, Liverpool.— -Petition filed March 20. 

MlBTlNOa. 

Wm. BrwuHli, Patemoater-row. London, and Yoik-plaoa, 
Batteraea, Surrey, silk mannfiseturer, April 3 at 12, Conrt of 
Bankruptcy, London, pr. d. — Richard H. Bell and BrrimpUm 
Bell, South Shields, Durham, paper manufacturers, April 19 
at 11, Diatrict Court of Bankruptcy, Newcastle-upon-Tyne, 
last ex.^Wm. Taylor and Jame§ Wylde, Wood-st., London, 
and Lock's-fields, Walworth, Surrey, lloek manufacturers, 
April 2 at half-past 1, Court of Bankruptcy, London, and. 
•& — Fronde Bn^wd HewMt, Leyton, Essex, cowkaeper, 
April 2 at U, Court of BMikmptcy, London, and. ac. — 
Joeepk Harrop, Grasscroft, Saddlewortfa, Yorkshire, clothier, 
April 2 at 11, Court of Bankruptcy, London, aud. ac. ; April 
16 at 11, div. ^Joseph Hall, Brighton, Sussex, hotel keeper, 
April 3 at 11, Court of Bankruptcy, London, aud. ac.— IKi/- 
Uam Bobinaon, Ovington-square, Brompton, Middlesex, com 
factor, April 3 at 11, Court of Bankruptcy, London, aud. ac. 
^^William Tlkompetm, NeweasUe-upon-Tyne, grocer, April 
21 at 2, District Court of Bankruptcy, Newcastle-upon-Tyne, 
aud. ac.— /oifitft Duggan, Biaryport, Cumberland, draper, 
April 21 at 12, District Court of Bankruptcy, Newcastle-upon- 
Tyne, aud. ac. ; at half-past 12, div. — Oeo. Steele, Durham, 
grocer, April 21 at half-paat 1, District Court of Bankruptcy, 
Neweaatle-npon-Tyne, aud. tjo.'-^oeeph Storeg, Hartlqwol, 
Durham, draper, April 8 at 1, District Court of Bankruptcy, 
Newcastle-upon-Tyne, aud. ac. ; April 19 at 12, div.— Otforyc 
Pirn and Splvanue Pirn, Birkenhead, Cheahire, merchants, 
April 2 at 11, District Court of Bankruptcy, Liverpool, aud. 
ac. — John Robinson, Honley, Almondbury, Yorkshire, dyer, 
May 3 at 11, Diatrict Court of Bankruptcy, Leeds, aud. ac. ; 
May 4 at 11, fin. 617.— Henry Jaoue Bllie, Rotherhithe-w&ll, 
Rotherhithe, Surrey, ironmonger, April 16 at 1, Court of 
Bankruptcy, London, div. — Henry Robert Sabine, Poppin's- 
conrt, Fleet-street, London, cardmaker, April 16 at 12, Court 
of Bankruptcy, London, div,— /oAii Murray, Gracechureh- 
Btreet, London, Manchester wardionieman, April 16 at 12, 
Court of Bankruptcy, London, div. 

CXRTIFICATKa. 

3^ be allowed, unleee Camee be eheton to the contrary on or 
b^ore the Day nf Mealing. 
William Clapham, Strand, Middlesex, lioensed victualler, 
April 15 at half-past 11, Court of Bankruptcy, London. — 
James Duggan, Maryport, Cumberland, draper, April 21 at 1, 
District Court of Bankruptcy, Newcastle-upon-iyne. — Wil- 
liam Belshaw, Ancoats, Manchester, joiner, April 20 at 12, 
District Court of Bankruptcy, Manchester. — Henry Gladwin, 
Nottingham, draper, April 23 at half-paat 10, District Court 
of Bankruptcy, Nottingham.— JbAii Aimuff, Diglee-bridge, 
Austonley, Almondbury, Yorkshire, woollen cloth mannfoc- 
turer. May 3 at 11, District Conrt of Bankruptcy, Leeds. 

To be granted, unless an Appeal be duly entered, 
Samuel Turner Jay, Badley, Suffolk, miller. 

PXTITION AhNULLBD. 

Lorens Theodor Wang, Sunderland, Durham, merdtant. 

Scotch Suqubst&ation* 
Thomas Julian Adasns, Glaagow^ prafesior of nuaic. 



INSOLVENT DEBTORS 
Who have filed their Petitions in the Court 0/ Baakmpte^^ 
and have obtained an Interim Order for ProteetUmfi'm 
Process. 

Richard Miller, Liverpool, bricklayer, March 27 at 10, 
County Court of Lancashire, at LiverpooL-^oAa Paehtt, 
Liverpool, grocer, March 27 at 10, County Court of Laoca. 
shire, at Liverpool. — Joseph Perks, Bootle, near Liverpool, 
assistant to an ironmonger, March 27 at 10, County Coart of 
Lancashire, at Liverpool.— G«or^ Dawson, Holme, Man- 
chester, butcher, April 2 at 12, County Conrt of Laacaahiie, 
at Manchester. — Thomas Warr, Manchester, coadi driTer, 
April 2 at 12, County Court of Lancashire, at Mandteiter.— 
Samuel Burman, Hulme, Mancheater, plumber, April 2 at 
12, County Court of Lancashire, at Manchester. — /oila 
Bratley, Wragby, Lincolnshire, farrier, April 17 at 11, Coonty 
Court of Lincolnshire, at Market Rsjsea.— Joseph Dent, Lei- 
oester, law stationer, April 14 at 10, County Conrt of Ldocs« 
tershire, at Leicester. 

The following Persons, who, on their several Petitimu JUd 
in the Court, haoe obtained BUerim Orders for Proieelm 
from Process, are required to appear in Court as Airm- 
4/'/«r m«n/toiitf<i, at the Court-house, in Portugal'tlrui, 
Lineoln's Inn, as follows, to be examined and dealt M 
according to the Statute: — 

AprU 6 of 11, b^ore the Cnisr ComfisaioNvi. 
Charles Walsh the elder, Victoria-road, Deptford, Eat, 
out of employment. 

April 6 oi 11, b^ore Mr, Commissioner Philupi. 
John Huichins Partridge, Sidney-place, King'i-raad, 
Chelaea, Middlesex, grocer. 

Saturday, March 20. 
7%e following Assignees have been appointed. Further per- 
tieuiars may be learned at the Office, in PorlMgaUd., 
Idneoln's-inn-fields, on giving the Number nf the Case. 

Wm, Brown Tribe, Walworth-road, Surrey, outof emplojr, 
No. 62,627 T.; Wm. Watkinaon, assignee.— /amev Poefr, 
Chettesoombe Barton, Tiverton, Devonahire, farmer, No. 
73,998 C. ; William Partridge, aasignee.-^iro«M Biuariit 
Ystrad, Carmarthenahire, fanner, No. 74 ,388 C; Thomai 
Williams, aaaignee. — Joseph Josiah Keyte, BirmingbiiBf 
builder. No. 74,639 C; Samuel Bartholomew, assigiM.-/. 
Thompson, Birthwaite, Windermere, Weatmorelaod, cotl 
agent, No. 74,648 C. ; Richard Wilson, assignee.— FVflROt 
Marsden Nettleton, Horbury, Wakefield, Yorkshire, cabinet 
maker. No. 74,670 C. ; Joseph Stringer, assignee.— 7ko«o 
Edwards, Hastings, Sussex, boot maker, No. 74,679 C. ; W. 
Noakes, assignee. — James Beart, Upwell, Norfolk, farmer, 
No. 73,525 C. ; Thomas Hitchen Palmer, aaaignee.— If^tt«» 
Willis the elder, Coventry, Warwickshire, bntdier, No. 
74,582 C. ; Wm. Boodle, aasignee.— TAot. Crowther, Covea- 
try, Wanrickahire, coal agent, No. 74,720 C. ; David Willooi 
Davies, aasignee.— George Cobb, Hareaoomb, Gbncesterabiit» 
innkeeper. No. 74,721 C. ; Charlea Smallbridge, assignee.- 
Damd Williams, Great Wincheater-street, London, fruiterer, 
No. 62,812 T. ; Samuel Solomon, assignee. 

Saturday, March 20. 
Orders have been made, vetting in the Provisional Am9*^ 
the Estates and Ejects of the following Persons:— 

(On their own PetitionsJ , 
James Banks, Castle-st., Holbom, London, atereotyper: in 
the Debtors Prison for London and Middlesex. — IStfv^' 
Lawrence Levy, Doughty -st., Mecklenburgh-sqaare, Gray'** 
inn-road, Middlesex, attorney-at-law : in the Queen's Prisoo. 
— Wm. Patterson, Grundy-at., Poplar New-town, Middle- 
sex, potato dealer : in the Debtors Prison for London m 
Middlesex.— fTin. Aldred, Harper-st., New Kent-road, Snr- 
rcy, coal dealer: in the Gaol of Horsemonger-lanc.— W. 
Bamett Loader, Prioces-st., Stamford-st., Blackfriars-road, 
Surrey, map publisher : in the Gaol of Horsemongcr-lanc— 
John Ainslie, Eari-st., Blackfriars, London, draining engi- 
neer: in the Debtors Prison for London and Middleacx.— 
Geo, Jos. Brown, Victoria. grove, Kensington, Middlesex* 
estate agent : m the Queen's Prison.— JfoiaA Smart, Somen* 
set-place, Rotherhithe, Surrey, dming-room keeper : in tw 
Debtors Prison for London and Middlaaex.— ITw. KUUctt 



THE JURIST. 



99 



Crover-ft. North, New-road, St. Pancru. Middleiez, ihare 
broker: in the Qaeen's Prison. — German Wkeateroft, South- 
amptoo-street, ^loomsb1lr7y Middlesex, Ueatenant in her Ma- 
jesly's 6th regiment of Erniiskillan Dragoons : in the Queen's 
AimD. — /oAn PulUr, Uzbridgo-moor, Hillingdon, Middle- 
tez, beer retailer : in tiie Debton Prison for London and 
Middlesex. 

rOn Cfreditor9\ PetitiomJ. 
Ckarlet Robert Storey, Frands-terrace, Hampstead-road, 
Middlesex, captain in her Migeaty's army : in the Qoeen's 
Prison. — Wm, ffofffis, Marj-street, Woolwich, Kent, beer- 
seller : in the Debtors Prison for London and Middlesex. 
rO» tkeir own PetitionaJ. 
Jokn Fleming, Shotley Bridge, Dnrham, grocer : in the Gaol 
of Darfaam. — Joe, Smith, Newbottle, Durham, innkeeper : in 
the Gaol of Darham.>-/oAfi Souihall, Liverpool, bookkeeper : 
in the Gaol of Lancaster.— /osAua Chraven, Leeds, York- 
shire, com dealer: in the Gaol of YorlL.—Arehibald FUh, 
Heaton Norris, Lancashire, tailor : in the Graol of Lancaster. 
-—Tkoe. Ckurton Goodall, Salford, Lancashire, licensed vic- 
tnaller : in the Gaol of Lancaster. — Joe, Tattereall, Bom- 
ley, Lancashire, grocer : in the Gaol of Lancaster. — Harry 
Bentiey, Salford, Lancashire, spindle maker : in the Gaol of 
limcaatcr. — John Caldeeott, Heaton Norris, Lancashire, 
liosnowd Tietnaller : in the Gaol of Lancaster.-^. SwindUe 
Diek, North Shields, Northnmberland, master mariner : in the 
Gaol of Morpeth.— ITm. Diek, North Shields, Northnmber- 
land, aboemaker : in the Gaol of Morpeth. — /. Leadbeater, 
Heywood, near Manchester, bookkeeper: in the Gaol of 
Lancaster. — Henry Riley, Deansgate, Bolton-le-Moora, Lan- 
cashire, overlooker in a cotton ftctory : in the Gaol of Lancas- 
ter. — JoM. Shitto, Huddersfield, Yorkshire, plasterer : in the 
Gaol of York.— 7\ Thompeon, North Shields, Northumberland, 
master mariner : in the Gaol of Morpeth.— Pa«/ Walmeley the 
jonnger, Ashton in Mackerfield, near Wigan, Lancashire, 
shoemaker: in the Gaol of Lancaster.— /oAn Forman, Heok- 
ingCon Fen, Lincolnshire, assistant to a farmer : in the Gaol of 
I^coln. — Daioid Howell, Swansea, Glamorganshire, publican : 
In the Gaol of Cardiff.— £ifm«fiJ Lee, Manchester, briok 
maker : in the Gaol of Lancaster.— PFm. W. Milnte, Lock- 
wood, near Huddersfield, Yorkshire, assistant grocer : in the 
Gaol of York. — Thomae Lett, Stoke Prior, near Bromsgrove, 
Worcestershire, victualler : in the Gaol of Worcester. — Bdw, 
Bayer the younger, Brooklands, near Ormskirk, Lancashire, 
in no trade i in the Gaol of Lancaster. — Daniel Boyle, Man- 
Chester, cotton wadding manufacturer : in the Gaol of Lan- 
caster. — John Connolly, Liverpool, cattle dealer : in the Gaol 
of Lancaster. — John OilVoy, Greenacres Moor, Oldham, Lan- 
cashire, tailor: in the Gaol of Lancaster. — William Parry, 
liandaff, near Cardiff, Glamorganshire, builder s in the Gaol 
of Cardiff. — Peter RawUneon, Liverpool, out of business : in 
the Gaol of Lancaster. — Jamee W. Turner^ York, butcher : 
in tiie Gad of York. 

Tka Jaiioming Prieonere are ordered to be brought 191 b^ore 
tka Comrt, in Portugal^reet, to be otpammod and dealt 
wUh ateordtng to the Statntaf- 

April 6 sf 11, b^lure the Chibf Commissionsr. 

Bdwin Goodwin, John-street, Bedford-row, Middlesex, 
sorreyor. — H, B. Buekmatter Coe, John-street, Bedford-row, 
Middlesex, clerk to an architect.— JbcAord Malony, Black- 
friars-road, Surrey, out of business. — Wm, Carpenter, High- 
street, Shadwell, Middlesex, grocer. — German Wheaterqft, 
Soatliainpton-street, Bloomsbury, Middlesex, lieutenant in her 
Msjesty's 6th Enniskillen Dragoons. 

April 6 at 10, brforeMr. CSiNNmitriofMr Law. 

John Dolling, Brewer-street, Golden-square, Middlesex, 
hairdresser. — Wm, Peppier, Circus-street, New-road, Mid- 
dlesex, brickkyer. 

A]^l 6 al 11, b^bre Mr. CommtaHoner Phillips. 

Wrtderiek Ward, Friar-st., Blackfriars-road, Surrey, com- 
misBon agent.— /oAn C Boeder, Royley-street, Old-street- 
road, Middlesex, baker. 

J%a following Prieonare are ordered to be brought up before 
m Judge of the County Court, to be emawntned and dealt 
with aeeerding to the Statute: — 

Ai the County Court qf Leieeeterehire, at Lsicsstbb, 
AprUU. 
J%oma» Bif Cook, Leioetter, glover. — William Hunt, 

lidoester, out of business. 



At the County CouH i^Keni, at Doybk, AprU 16 ai 10. 

George Lover, Lyminge, near Elham, solicitor. 
Insoltxmt DxBToms' Ditidbnob. 

/ametPoynfofi the elder, Clare^hall-oottages, RotherUtfae, 
Surrey, carpenter : 1\d, in the pound.— 7!llof. Cotton, Lewes, 
Sussex, draper: 9(d. in the pound. — William Loweay, Md- 
combe Regis, Dorsetshire, retired oommander in the Royil 
Navy : 2e, lO^d, in the pound.— Pofricit Joe. Murphy, Can- 
terbury-row, Kennington, Surrey, doctor of medicine : bd» In 
the pound. — George Herbert Wearing, Tumpin-lane, Green- 
wich, Kent, china dealer : 8t. 6d. in the pound. — Alexander 
Smith, High-street, Shadwell, Middlesex, butcher : 5s. 3<l. m 
the pound. — Jesee Cook, North-street, Edgeware-road, Mid- 
dlesex, nurseryman : 4«. in the pound. — Henry Allden, Char- 
lotte-row, Walworth-road, Surrey, tailor: le, A^d. in the 
pound. — H. Daviee, widow. Borough-road, Surrey : \e, 8|<f. 
in the pound. — David Nutt, Stratford-green, Stratford, EsseZi 
clerk in an Emigration-office : ^\d. in the pound. — WiUiam 
Cookeon, Tonbndge, Kent, railway clerk: Ze, Zd, in tlie 
pound.— /amat Worrit, AUsop-plaoe, Regent's-park, Middle- 
sex, dairyman : It. 4|d. in the pound.— TisiUM R. Andermm^ 
High-street, Camden-town, Middlesex, comedian: A^d, in 
the pound.— /amat Neebitt, Winsley-street, Oxford-street^ 
Middlesex, linendraper's assistant : 2t. 2<l. in the pound. 

Apply at the Protfieional Aeeigneee* Office, Portugal-etreet, 
LifMoln^e-inn-Jlelde, London, between the houre qf II and 3. 



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100 



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DZBSCTOmS. 



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Sir Walter R. Farquhar, Bart., Deputy Chairman. 



Henry Hulse Berens, Esq. 
John Dixon, Esq. 
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AVDZTOBS. 

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Live DxFAKTMSXT.— Under the provisions of an act of Parliament^ 
this Company now offers to ftatnre Insurers Fotm^FitxHs of the Pmo- 
' yiTS, witn QuixauxxxiAL Dxvxsiox, or a Low Rats ov Pasmivx 
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The next Division of ProflU will be declared in June, 1855, when all 
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iV 



nxh & 




No. 795— Vol. XVI. 



APRIL 3, 1852. 



Price 1^. 



NAMES OF THE CASES REPORTED IN THIS NUMBER. 



CocBT OF Chancsrt. 
In re Dalton's Settlement, and t» r« The 10 & 11 ^^ct. 
c 96.— (Deeii— CMw/me/iofi— Lf/e Baiaie to Pa~ 
remit ae PrwieUm for Infant Children^Jnnhenqf 

--jMriedietion) 253 

COUBT OF ApPSAL IN ChAKCSRT. 

RoUmon 9. Robtnton. — {Trutteee amd CeHuie que 
Druit^Imfeetfrnent on Real Securitiee—htcome to 
tpJUek Tenant for Life ie entiiied until Convenion) 255 
. Rolls Court. 
Edwmr6a v. Edwtrds.— (VFJH— CoiMrmelioii— 0(^1 
ater im Case qf Death without leaving Children), , 259 
Yigb-Chakcsllor Turner's Court. 
Smith V, Mnkfl. — {Sotieiion^Parlnerehip Riff hie and 

JhUiee^DiiMoiuiion^Sub'partner) 261 

Yick-Chancellor Parker's Court. 
Manwarim^s Case, re Eaitem Counties Junction and 
Soaftend Railway Companj.— (Cbn/rtMofy— -Up- 
fill's Case) 263 



Court of Queen's Bench. 

Reg. V, Inhabitants of Kentmere. — (Poor-rate — Reser- 
voir under a Local Act-^ Q^anium of Rate) 265 

Reg. V. Rowlands and Others. — {Contpiracy— Indict- 
ment — Arreet qf Judgment) 268 

Pearce v, Martin. — {Order to hold to Bail after Arreet 
under Stat 14 Sc 15 Viet. c. b2^Affidimt) 270 

Hall V. 'Dy90u.'-{A8tump9it'~ConHderation — JHe- 
eharge qf Debtor — Agreement to withdraw Oppoei- 
tion) 270 

Exchequer Chamber. 
Enthoven v. Hoyle and Another.— (2)ff6en/«re — Irner- 
tion of Name of Payee trfter eeaUng — Warrant 
annexed not Bill ofEsehauge) . . • • 272 

Court of Exchequer. 
Brettell v, Dawes. — (Joint -etoek Companiet Winding- 
up Act, 11 ^ 12 Vict, c. 45— Jn/mas Manager--' 
Rxeeutionr— Breach qf Faith) 274 



LONDON, APRIL 3, 1852. 

Okx of the propositiOM of the Chancery Commis- 
aioiien is to abolish the common hijnnction; another, 
to aboliBh the role by which affidavits cannot, in cer- 
tain cases, be read against an answer. These proposi- 
tions, if carried into effect, will sweep away, at one 
blow, much intricate practice, out of which, whatever 
may hare been its former necessity and utility, not 
much good has been derived in more modem times. 
The Commissioners do not, as we understand, and we 
think rightly do not, intend to take away from the 
Conxt of Chancery power to restrain proceedings at law 
by special injunction; for, so long as there are two 
distinct jurisdictions, one equitable and one at common 
lafT, thm may be cases in which, notwithstanding all 
the contemplated improvements of the procedure of 
courts of law, it may be still found, that though pri- 
marily cognisable at law, they can only be completely 
dealt with in equity; and in such cases it will be useful 
Uiat the Court of Chancery should have power to grant 
an injunction on the merits, stopping the parties from 
proceeding at law. 

By the effect of the common injunction, and of the 
mle of equity practice under which it was to be sus- 
tained or dissolved, no doubt much justice has been 
done; but it was a roundabout way of getting at jus- 
tice, and under cover of the intricate rules that governed 
the proceeding, much injustice might also be done by 
Mther party. The common injunction is, as our 
equity readers know, granted entirely without reference 
to the merits of the case; it is an order granted simply 
on the de&ult of the defendant in equity to appear, or, 
more frequently, to put in his answer to the bill filed 
against him in due time. It is a stoppage of the pro- 
Vou XVI. L 



ceedings at law, obtained before the Court of Chancery 
has obtained any information whatever beyond the 
allegations of the hill, which may be all false, upon the 
assumption, that %ntil the defendant has put in his 
answer, he has no right to proceed as plaintiff at law. 
This probably, in the earlier epochs of the history of 
the jurisdiction to stay proceedings at law, might be 
not only just in principle, but beneficial in practice. 
But in modem times it is very difficult to put in an 
answer in time to stop the issuing of the common in- 
junction; and the injunction having once issued, what 
with motions to extend it to stay trial, and exceptions 
to the answer for insufficiency, it may and is fre- 
quently held by a plaintiff in equity, who ultimately 
turns out never to have been entitled to it at all, for a 
length of time very prejudicial to the rights at law of 
hb opponent. On the other hand, the effect of the rule, 
that, in order to sustain a common injunction, no affida- 
vits can be read by the plaintiff against the answer of the 
defendant. Lb, that in the very case in which the plain- 
tiff is most entitled to the benefit of an injunction — ^that 
is, in the case where there is fraud on the part of the 
defendant — it is in the power of the defendant always, 
by denying the material facts alleged by the bill, to 
dissolve the injunction, and go on with an action, which 
he, perhaps, never would have been suffered to proceed 
with if the plaintiff in equity had been at liberty to 
shew by evidence the existence of his equity. 

Thus, by the abuse of the procedure of the Court, 
it is in the power of a defendant to an action, with no 
right to stop it, to delay it for a considerable time ; 
and, on the other hand, of a plaintiff, in an unjust 
action, to force it on in spite of the equitable ] 
his opponent. These evils will be reme 
proposed abolition. What the precise mo 







102 



THE JURIST. 



ing in this respect, under the new practice, will be, 
remains, of course, to be fixed by the Chancery Reform 
Act, and the Orders whLdk will be framed in accordance 
with it ; but, in afi probability,, it will be simply, tliat 
on an action at law hemg, brovght, the defendant will 
be at liberty to file his bill, and move at once upon 
affidavits, to be met by affidavits^ for an injuBction^ 
which will be at once granted or withheld upon the 
merits, according to the practice now existing with 
regard to special injunctions. 



2. 



A Treatke on the tubitatUive Law relating to Lettera- 
Patent for Inventions, By Henry Lund, Eeq,y of 
Trinity College^ Cambridge^ M. A^ and of lAncMs- 
imh Barrister at Lato. l2mo^ pp. 284. [Sweet.] 

The Law and Practice of the Cowrigkty Registration^ 
and Provisional Registration of Design; and the Copy- 
right and Registration of Sadpture; with Practical 
Directions; the BemedieSy Pleadings, and Evidence 
in Cases of Piracy. With an Appendix of Tables of 
Fees. Statutes, and the Bales of the Board of Trade. 
By John Paxton NosiLiir, M. A., of tha Inner Tern- 
pie, Spedal Pleader. 12mo., pp. 197. [Sweet.] 

It has been seriously contended by some few gentle- 
men of great experienee in the constructive arts, that 
our patent law is wholly based on an unsound founda- 
tion; IK short, that tiie granting of any monopoly or 
exclusive privilege to an invention is unjust, or, at 
kfltt, impolitic. We cannot help thinking that this 
opinion has been advanced rather from a love of singu- 
larity than from any strong conviction; at least, it b 
supported by arguments which would scarcely deserve 
attention if they had proceeded from less eminent men. 
Among the small minority of witnesses before the Com- 
mittee on the Pkitent Law Amendment Bills of 1851 
-mho disapproved of every kind of patent law« the prin- 
aifal names are those of Sir W. Cubitt, Mr. I. K. Bru- 
nei, and Mr. J. H. Lloyd. The only way of dealing 
effectually with Sir W. Cubitt's evidence would be to 
transcribe the whole of it^ for the purpose of shewing, 
not the unsoundness of the reasonmg contained in it, 
but the almost entire abaence of any reasoning what- 
ever. Sir W. Cubitt says, '' The objections to the 
present system are, the very advanced state of scientific 
and practical knowledge, which renders it difficult to 
secure anything. The principles of mech.anism being 
very well known and very weil understood, inventions 
involving exactly the same principle, and to effect the 
tame object, may be praoticallv and apparently so dif- 
Imnt, that patents may be taken out n>r what is only 
m difference in form, intended to produce the same effect, 
without Uiere being any difference in principle.*' This 
observation might be made the text of a ver^ useful 
homily on the necessitv of superseding the existmg race 
of patent agents by a dass of men very much bettor edu- 
eated in abstract science aa well as in the technicalities 
o£ the profeasion, but it does not bear on the policy of a 
patent law. A patentoble invention is well conceived, 
and Uie title and specification of the patent are well 
drawn, esMtly in proportion as they completely em- 
body and express some distinct and definable principle. 
A patent for a variation of form, not involving a new 
ptmcinle of however low a degree of generality, is an 
aboaiaitv. But a patent for a new principle applied 
to practice, if properly expressed, is in no danger from 
m mere variation of form, mvolving no departure from 
the principle, though, like every other invention and 
2 



eveiy other enterprise, it is liable to be superseded by 
something different and preferable^ And when an in. 
venter co-operate» with, compatent professional adyisen 
ia framing the title and specification of a patent, the 
necessity they Ila under afe xp r ea ing and claiming the 

E'pfe af the invention, in all ite generality, very 
intly leads ki the development and improyement 
inventox'a originally in^erfect idea, tar beyond 
the limito to which tne inventor alone, memy applying 
it to practice, would have carried if. Every intei^jeot 
patent a^nt of any experience must recollect instanoes 
of this kind. And the same process not unfrequently 
serves to detect, even to the conviction of the inventor 
himself, if he is teachable, some element of unsound- 
ness or imnracticability in a scheme, which, if not 
thus early msposed of, might have been prosecuted to 
the ultimate ruin of the projector. In answer to the 
question whether it might not be desLrable toenooniage 
persons to expend money in making machines periied) 
Sir W. Cubitt said, ^ It is difficult to say when a mi- 
chine is perfect; me more simple it is, the more perfect 
it is, generally speaking. I will take the case of eteam- 
engines, whicn, in a great degree, have really imprtTed 
backwards, to use a misnomer. .... The steam-enpe 
is very much Uie same now as it was when Watt him- 
self left it with his first improvements. It is jiut the 
same thing." The witness's reasoning and assertions 
in this passage are, to oiir apprehension, about easily 
correct. If it be true that tne first form of an myen- 
tion is the best, why not revert to the steam-engine of 
Savery or of Newoomen, discarding the meretrieiooB 
additions of the innovator Watt ? Sr W. Cabitt rnnit 
be somewhat singular in his practice, if he naes the 
steam-engine just as Watt left it, vrith his first impnye' 
mente. Does he think nothing 6t Woolf 's improre- 
ments, or of the nresent Cornish en^nes? Doee he 
disapprove of working steam expansively? Doee he 
use Watt's valves? But Sir William cannot eee any- 
thing in anything. ** There is leas room for inventloB 
than persons imagine. There is little chance of > 
workman inventing things which will be very oBefiUy 
which are not known at present, because they do not 
know what has been done r' Where then are we to 20 
to ascertein the present and most improved state of a 
given manufecture ? Not to the workshop wheie it is 
carried on, fDr the workmen, it aeems, know notfaio? 
of what has hem done. 

Mr. I. K. Brunei believes patente to be ^ piodoctiye 
of almost unmixed evU, with respect to every party 
connected with them.*' His principal ai^^ment we 
may safely leave to be diacussed l>etween himself aw 
SirW. Cubitt; lor it assumes that the most important 
inventions are made by workmen, whose mastefBtfv 
prevented, by the operation of the patent 1^^ .^ 
obtaining the benefit of than so cheaply as they a^' 
wise might do. ^ I think that the graater number oi 
inventions have really originated with practical op^ 
rativee." (P. 248). _. 

Mr. Lloyd's olijectiona are better put, and desernng 
of more attention. They are— fbrat, that the htw »^ 
ignis fatuus, wliich leads oftener to destruction than Vi 
success. ^ You stimukte and incite a class of in«» 
who hardly need it — ^who are themselves natnrally o 
a sanguine turn. Tou incite them in P'^^*.^ 
shadow, which is continually i^parendv within twv 

rp, but continually elndea it. I find, in ^>^>^ 
>ne inventor, or supposed inventor, who ^!^^^ 
there are fifty, or perhaps one hundred, who fi*^'\/ 
although the history of invention may be a ^^1 
progress and of triumph^ I suspect the bicpr^P^ CJl 
venters would be a very tragic story imked.** ^K'\lJi 
This estimate, confessedly loose, is, we sospect, ^^ 
much exaggerated, even aa reinrds the working ?|^ 
present abominable system. That there are t^^^^^Z 
of would-be inventors, who spend their thne and mon^J 



THE JURIST. 



103 



to DO pnrpose, is too trae, just as there are multitudes 
of adrentarers, speculators, traders whose proceedings 
end in bankrupt^; but the one affords no better ai^u- 
ment ^^nst a patent law than the other does against 
a code of commerdal law and the system of credit. 
Failure is much more frequently due to the unneces- 
sary expense and uncertainty of our present system, 
thui to anything essentially inherent in the principle 
itadf. Mr. Lloyd adds, that one effiact of the system is 
to prerent an inventor's mind from following its natural 
bent. The patent ** stops him suddenly, stereotypes 
him in one idea.'' This is contiarv to the general 
Botion, and to what Mr. Lloyd himself had preriously 
stated — that the offer of a priTilege operates as a 
fltnnnlus. 

We have not space to enter into the other objections, 
which rather apply to the existing system th^ to the 
pzinciide. There is no doubt considerable difficulty, 
arising &om the nature of the subject, in ascertaining 
the novelty of an invention; and the strict rule upon 
which our Courts act might be advantageously relaxed. 
Hach might be done to assist inventors, by well- 
anmnged registers and catalonies of inventions, and 
museums and collections tbrmed expresaW^ for their use. 
Another difficulty suggested by Mr. Lloyd we take to be 
purely imaginary. He seems to think that there may 
06 useful inventicms which cannot be patented, because 
they involve no novelty of principle or of detail. But 
that thi^ is not so, we see at once, if we endeavour to 
give vx account of any new invention, and to distin- 
&;niah 11 from others, whether it be a new loom or a mere 
ration. We cannot make out the identity and novelty 
of the thing without defining the principle of it — ^that 
is to oay, without describing a new principle of manu- 
ftctoie applied to practice, and therefore patentable. 
We have not space to illustoate this, as we could do, by 
lefeFenoe to the very instance selected by Mr. Lloyd — 
the centrifugal pump of Mr. Appold — not a vexy useful 
inyention, but one which, if original, might well have 
been patented, as no one would see more clearly than 
Mr. Lloyd, if he were to undertake the specification. 

JSven if these gentlemen are right in condemning the 
policy of the exception in the Statute of Monopolies, 
there can be no doubt that their opinions are much in 
advance of the age. The protection of inventors and 
the progress of invention will Ions; be associated in the 
pnbuc mind; and so long as our law. continues to pro- 
Tide in any shape for the protection of inventors^ the 
sohetantive law of patents, to adopt Mr. Lund's expres- 
flioD, will probably jcontinue to be what it now is, de- 
▼eloped, indeed, in detail by successive decisions, but 
unaltered by legislative enactment. The mode of ob- 
taining patents, the terms for which they shall be 
granted or renewed, the forms of procedure to establish 
or set them aside, and the remedies for infringements, 
require, and will probablv soon receive, amendment in 
Tsrioas particulars; but tne substantive law of patents, 
which is almost entirely a judicial gloss on the excep- 
tion in the Statute of Monopolies, and the condition m 
the grant requiring a specification of the invention, is a 
matter, not of arbitrary enactment, but of pure legal 



Mr. Lund has judiciously confined himself, in the pre- 
sent publication, to the permanent branch of the sub- 
ject. ** This work," he says, '* at present deals with 

* the first division alone of the law relating to patents, 
*and professes to answer the following questions: — 
*What inventions can be patented? What are the 

* nature and details of the contract which the inventor 
' is said to make with the Crown 1 What are the esseu- 

* tials of a specification of an invention — ^in other words, 

* what is the nature of the documentary evidence re- 
' quired to define and circumscribe the exclusive right 
'to any patented invention? What considerations 

* should be kept in view in the sale of or other dealings 

3 



'with letters-patent? And, lastly, what amounts to 

* an infringement of a patented invention? 

** The formalities preceding the grant of letters-patent 

* will no doubt be shortly changed for some simple 
' procedure, and the practice in actions for infringe- 
' ments and in proceedings by scire facias, which belong 

* to the general practice of the law, is also under revi- 

* sion. These alterations, as Soon as perfected, will be 
' added to this work in the form of an appendix." 

The substantive law of patents is capable of being 
exhausted in a very moderate compass. The cases are 
numerous, but are to so great an extent repetitions of 
each other, that it is scarcely an exaggeration to say, 
that by a selection of about thirty cases, the whole ox 
the law might be established and illustrated. Mr. 
Lund has taken a somewhat wider range, but he has 
succeeded in producing a very complete treatise in a 
very small bulk. The different requisites to a patent- 
able invention are very well discriminated and illus-* 
trated, but the principal part of the book is judiciondy 
devoted to the subject of the specification, which is 
treated with great care and ability. We could have 
wished that in treating of the connexion between the 
specification and the title of the patent, the lesmed 
writer had appended some expresuon of dissent to his 
notice of the case of OroU v. Edae^ (14 Jur., part 1, 
p. 553), which professed to proceed, it is true, upon a 
rule of patent law neither novel nor unsound, but ap- 
plied it to a case to which, as we think, it was mani- 
festly inapplicable. The patent was granted for '^ cer- 
tain improvements in the manufacture of gas for the 
purposes of illumination, and in the appsratus used 
when transmitting and measuring saa." The specifi- 
cation misrecited the patent, as bemg fi)r ^improve- 
ments in the manufacture of gas for the purposea of 
illumination, and in the apparatus used Meretn, and 
when transmitting and measuring gas;" and it described 
and claimed, among other things^ improvements in the 
retorts used in the manufacture of gas. The Conrt 
held that the specification avoided the patent. ** The 
insertion is very slight in regard to the number of 
words, but it wholly alters the meaning ; that is to say, 
it most materially adds to the meamng of the woxds 
between which it is interpolated, and extends substan- 
tially the grant of the Crown Any person on 

reading this specification, either by looking at tlie title, 
or by looking through the bodv to ascertain more 
clearly what was intended to be claimed, and what was 
the patent which the patentee professed to inrol, would 
see, without the least doubt, that the main object of 
the claim, and of the patent the patentee professed to 
be inroUing, was an improvement in the apparatus fior 
manufacturing gas. ifcm no paiaU at aU had hem 
granted to him for that.*^ Now the rule that the specifi- 
cation must not describe and daim anything that is not 
included in the title of the patent is imquestionable ; 
but the rule of construction involved in the above ded- 
sion, if it involve any rule at all, is rather startling. 
It amounts to this — that improvements in the ap- 
paratus used in a manufacture are not improvements 
m the manufiEicture, and would not be covered by a 
patent for improvements in the manu&ctum. Gas is 
manufactured more economically in clay retorts thaoi 
in iron ones. CroU's specification descnbed a method 
of making clay retorts for gas-works of better quality 
than those which had previously been used, by the use 
of which improved retorts in the manufacture of ns 
further economy was attained. If they were not within 
the title of the patent, very many patents are invalid, 
for nothing is more common than to describe improve- 
ments in the machinery used in a manufacture as being 
improvements in the manufacture itself. 

We have only left ourselves space to say of Mr. Nor- 
man's work, that it is a very complete and practical 



^04 



THE JURIST. 



fuide to a somewhat siibordinate but very important 
ranch of the law of copyright. The cases which Mr. 
Norman has collected and stated are more numerous 
than we could have imagined. 



lonlion CEa^etUft. 

FRIDAY, March 26. 
BANKRUPTS. 

JOHN HALL, Croydon, Surrey, confectioner, April 2 at 11, 
and May 7 at 1, Court of Bankruptcy, London : Off. Ass. 
Stansfeld ; Sol. Healey, 66, Basinghall. St.— Petition filed 
March 22. 

FREDERICK KING, Brighton, Sussex, perfumer and hair 
dresser, dealer and chapman, April 5 at 1, and May 6 at 
12, Court of Bankruptcy, London: Off. Ass. Bell; Sols. 
Chalk, Brighton ; Freeman & Bothamley, Coleman-street, 
London. — Petition dated March 13. 

EDWARD MORGAN, Portman. market, Edgeware-road, 
Middlesex, licensed victualler, dealer and chapman, April 8 
and May 6 at I, Court of Bankruptcy, London: Off. Ass. 
Edwards; Sol. Pollock, 19, Essex-street, Strand.— Petition 
filed March 19. 

CHARLES GREEN, Spalding, Lincolnshire, scrivener, April 
16 and 30 at half-past 10, District Court of Bankruptcy, 
Nottingham : Off. Ass. Bittleston ; Sols. Jebb, Boston, 
Lincolnshire : Jabet, Birmingham. — Petition dated March 8. 

DAVID HENRY THOMAS, Tyntwr, Carnarvonshire, dra- 
per, dealer and chapman, April 6 and May 10 at II, 
District Court of Bankruptcy, Liverpool : Off. Ass. Mor- 
gan; $ol. Bunting, Manchester.— Petition filed March 18. 

PHILIP HITCHMOUGH, Liverpool, com dealer, April 14 
and May 10 at II, District Court of Bankruptcy, Liver- 
pool : Off. Ass. Cazenove ; Sols. Mallaby & Townshend, 
Liverpool.— Petition filed March 23. 

MSBTINOS. 

Frederick Wincht Margate, Isle of Thanet, Kent, tailor, 
April 10 at half- past 11, Court of Bankruptcy, London, aud. 
ac.->0. Smith, Warlter's-buildings, Old Kent-road, Surrey, 
com merchant, April 10 at 11, Court of Bankruptcy, London, 
aud. ac.; April 16 at 11, dir.^Raiph Titeomb, Highgate, 
Middlesex, butcher, April 20 at 11, Court of Bankraptcy, 
London, aud. ac— /oAn Plumley, Mitcbam, Surrey, clothier, 
April 8 at 12, Court of Bankruptcy, London, aud. ac. — 
JDaniei Pugiley, Bread-st., Cheapside, London, warehouse- 
man, April 8 at 11, Court of Bankruptcy, London, aud. ac.; 
April 22 at half-past 11, div,— William Rock, Surrey-place, 
Surrey, printer, April 8 at 11, Court of Bankruptcy, London, 
aud. ac. — Samuel Ball, Tipton, Staffordshire, miller, April 15 
at half-past 11, District Court of Bankruptcy, Birmingham, 
aud. ac. — William Malliband, Great Clay brook, Leicester- 
shire, felhnonger, April 7 at half-past 11, District Court 
of Bankraptcy, Birmingham, aud. ac. — Daniel Morton, 
Walsall, Staffordshire, chemist and druggist, April 15 at half- 
past llf District Court of Bankraptcy, Birmingham, aud. 
ac. ; April 21 at half-past 11, dv?,—John Varley, Manchester, 
chemist, AprU 5 at 12, District Court of Bankruptcy, Man- 
chester, aud. ac. — John Elliott, Chichester, Sussex, builder, 
April 17 at 11, Court of Bankruptcy, London, dvr.—Athaiah 
Eber Player, Braintree, Essex, grocer, April 17 at 12, Court 
of Bankraptcy, London, div. — John King and Joseph Praneit 
King, Wdls-row, St. Mary, Islington, Middlesex, builders, 
April 16 at half- past 11, Court of Bankraptcy, London, div. 
— Edward Thomas Andrews, Southampton, ironmonger, April 
16 at 11, Court of Bankraptcy, London, fin. div. — William 
Moss the younger, Stock, Essex, miller, April 22 at half-past 
12, Court of Bankraptcy, London, div. — George Pirn and 
Sghanvs Pirn, Birkenhead, Cheshire, merchants, April 16 at 
11, District Court of Bankraptcy, Liverpool, div. — John 
Eedson Clarke, Charles Buckles, and Hodgson Inchbold, 
Manchester and Swinton, contractors, April 20 at 12, Dij^trict 
Court of Bankraptcy, Manchester, div. joint est. of John 
Eedson Clarke and Charles Buckles. 

CBRTiriOATBS. 

3\> be allowed, unleu Cause be shewn to the contrary on or 
b^ore the Day qf Meeting. 
TTi/Ztom Robinson, West Lynn, Norfolk, grocer, April 20 
4 



at 11, Court of Bankraptcy, London. — William Houston^ St. 
James's-terraoe, Harrow-road, Paddlngton, Middlesex, bailder, 
A prill 7 at 12, Court of Bankraptcy, London.— Samae/lfayor, 
Liverpool, ship chandler, April 16 at 11, District Coart of 
Bankraptcy, LiverpooL—VoAn Stewart Bitson, LiTerpool, 
printer, April 19 at 11, District Court of Bankraptcy, Liver, 
pool. — William Haywood, Birmingham, grocer, April 19 at 
half- past 10, District Court of Banlunptcy, Birmingham. 

To be granted, unless an Appeal be duly entered. 

Edward Wiekins, Faversham, Kent, linendraper.— FFt/fira 
Moss the younger. Stock. Essex, miller.— JoAn Clarke 8sh. 
ford. Paternoster-row, London, stationer.— SoroA Clabbn, 
Stapleford, Cambridgeshire, newspaper proprietor.— Yft/itan 
Woods, Gresham -rooms, Basinghall-street, London, ware- 
houseman.— Cftor/et Henry Gausden, Hove, Sussex, licensed 
victualler. — James Nicholson, Woolwich, Kent, grocer.- 
George Trotter, Gloucester, coachmaker.— JoAii Varley, Man- 
chester, chemist.— r^omas Urquhart Anderson, Wellington, 
Shropshire, mercer. — Jameo Potter, Birmingham, mill manu- 
facturer. 

PSTITIOK SuPVRftBDKD. 

Thomas Nutley, Reading, Berkshire. 

Scotch Ssaubstr^tion. 
William HaUiday, Glasgow, wine merchant. 

INSOLVENT DEBTORS 
Who have JUed their Petitions in the Court of Bankftfieg, 
and have obtained an interim Order for Protection frm 
Process. 

John Warden, North Shields, Northumberland, t^pe pre- 
parer, April 23 at half-past 10, County Court of Norlhum. 
beriand, at North Shields.— Henry Jackson, North Shields. 
Northumberland, outfitter, April 23 at half-past 10, Coontf 
Court of Northumberland, at North Shields.— IFw. Germen, 
Liverpool, hairdresser, March 27 at 10, County Coart of Lan- 
cashire, at Liverpool— il^raAom Downs, Cheddington, Buck- 
inghamshire, farmer, March 31 at half-past 10, County Court 
of Hertfordshire, at St. Alban's.--James William Lane, St 
Alban's, Hertfordshire, grocer, March 31 at half-past 10, 
County Court of Hertfordshire, at St. Alban's. — TAoaa 
Thompson, Glamford Briggs, Lincolnshire, tailor, April 16 at 
11, County Court of Lincolnshire, at Bngg.—Wm. Knott, 
Brigg and Yawthorpe, Corringham, Lincohuhire. reifel 
owner, April 16 at 11, County Court of Lincohuhire, at 
Brigg.— Geo. Crabtree, Burleywood-head, near Otley, "York- 
shire, woollen top manufacturer, April 19 at 10, County Coort 
of Yorkshire, at Otley.— /ot. Duffield, Littlehampton, Soasex, 
tailor, April 17 at 10, County Court of Sussex, at Arandd.- 
John Page, Daglingworth and Dunsbome, Gloucestershire, 
farmer, April 26 at 11, County Court of Gloucestershire, at 
Dursley. — John Bishop, Brighton, Sussex, jeweller, April 10 
at 12, County Court of Sussex, at Brighton.— .<ir/Avr Akiiv 
Mahomed, Brighton, Sussex, hath keeper, April 10 at 12, 
County Court of Sussex, at Brighton.— T^tot. Drew, Wor- 
cester, tailor, April 14 at 10, County Court of Worcester- 
shire, at Worcester.— /o*iMOii Darley, Keelby, Lincolnshire, 
innkeeper, April 13 at 11, County Court of Lincolnshire, at 
Caistor.— fTiw./tees, Cardiff, Glamorganshire, retaUer of beer, 
April 10 at 10, County Court of Glamorganshire, at Car^- 
— Cornelius Millward, Wellington, Shropshire, painter, 
April 16 at 10, County Court of Shropshire, at Wellington. 
^Robert Green Bates, Great Yarmouth, Norfolk, baker, 
April 12 at 10, County Court of Norfolk, at Great Yarmonth. 
— Henry Williamson, Frindsbury, Kent, ropemaker, April 2 
at 10, County Court of Kent, at Rochester.— /ose^A Belii 
North Shields, Northumberland, master mariner, April 23 at 
half-past 10, County Court of Northumberland, at North 
Shields. 

7%e following Prisoners are ordered to be brought up bffore 
a Judge of the County Court, to be examined and dm 
with according to the Statute .*— 

At the County Court of Durham, at Dubham, April S. 
Joseph Smith, Newbottle, innkeeper.--JoAfi Fleming, Beny 
Edge, near Shotley Bridge, grocer. --Thomas Thew, Bishop- 
wearmouth, tinner. — John Murray, Sunderland near the Sea, 
assistant to a shipchandler. 



THE JURIST. 



105 



At iM» CowUf Qnui of Humiingdonshire, at Huntimodoic. 
April 8 a/ 12. 
Mkm AdmW JZojuom, St. Ive's» oat of baiineu. 

Ai the OmtUy Court if Laneaikire, at LANCArrsftt 
AffHi 10 at 11. 

George Norrii, Rochdale, shopman. — L. Fieh, BUckbam, 
out of bosineas. — Thomat Wadeworth, Manchester, out of 
bvnneaa. — Ri>bert Johnson, Salford, out of business. — John 
Le9riSt Httlme, Manchester, tailor. — Bdw. Bayer the younger, 
Brooklaaiis, near Ormskirk, in no profession.— P. Waimsley 
the yoBDger, Ashton in Mackerfield, near Wigan, shoemaker. 
— JoJtik LeadbeateTf Heyvood, near Manchester, bookkeeper. 
^-John Southailf liverpool, general merchant.— J. Connoliy, 
Liirerpool, fanner. — /Tem^f Riley, Bolton-le- Moors, over- 
looker in a cotton (adtory.^ Alfred Smith, Wigan, out of bu- 
wuess.-^ohn GUlfoy, Oldham, tailor.— CAor/et Whitworth, 
Rochdale, carter. — John CaMecuit, Heaton Norria, out of bu- 
sineaa. — 1>. Boyle, Manchester, sheet wadding manufacturer. 
— JaatoB Wiliie the younger, Blackpool, stonemason.— VTm. 
Lymer, LiTerpooI, shoemaker. — Jamet Tattereall, Burnley, 
out of busnesa. — John W, Barton, Manchester, cotton waste 
dealer. — Ptter Rotclineon, Liverpool, farmer.— iSam/. Coop, 
Manchester, joiner. — John Traverse, Holme, Manchester, 
joiner. — Peter Hadfield, Hulme, Manchester, oat of business. 
— William Barker, Staleybridge, tailor.-v JBefword ATormon, 
Handiester, common carrier. — William Norcross, Clitheroe, 
grocer. — John Aitkin, Salford, joiner. — John Shaw, Heaton 
Korris, out of business. — S, Martin, Whalley, near Black- 
bom, shoemaker. ~/oAfi Carroll, Salford, twine manufacturer. 
'—Bdm. Looeriny, Staleybridge. provision dealer. — Andrew 
Mehnm^ Liverpool, oat of business. — John Wood, Manchester, 
oot of bonnets. — John Reid, Hulme, Manchester, joiner. — 
Wm, Millington^ Manchester, out of business. — A, Lodwiek, 
BooUe, near Liverpool, sl^opman to a grocer. — Thos. Bushell, 
Saiford, oat of business. — Edmund Lee, Manchester, brick 
maker. — Matthew Walker, liverpool, out of business. 

Aith€ C6Mty Court qf Norfolk, at the Ouildhall, Nokwich/ 
April 16 at 10. 
Jlobert G, Clabhvm, Norwich, oat of busineas. 

At the CouMty Court of Northamptonshire, at Northamp- 
ton, April 21. 
Wm. Cooke, Northampton, com dealer. 

Ai ike County Court of Dorsetshire^ at DoftCBsaTBBy 
^;»n7 13a/ll. 
Bet^amtn Pearce the elder, Portland, stone agent. 



TUESDAY, March 30. 

BANKRUPTS. 
JOHN FRASER, Great Sufiblk-street, Southwark, Surrey, 
dnper and haberdasher, dealer and chapman, April 15 at 
J 2, and May 6 at half-past 11, Court of Bankruptcy, Lon- 
don: Off. Ass. Bell; Sol. Sawbridge, 126, Wood-street, 
Chcapside.— Petition filed March 27. 
CHARLES HUDSON SIMSON. Bishopsgate-st, London, 
proviaion dealer, .\pril 8 at balf-past 1, and May 6 at I, 
Ckmrt of Bankruptcy, London : Off. Ass. Johnson ; Sol. 
Keighley, Basinghall-st., London. — Petition filed March 25. 
THOMAS HEARD, Woodbridge, Suffolk, brewer and malt- 
ateft dealer and chapman, April 20 at half- past 11, and 
May 18 at 12, Court of Bankruptcy, London : Off. Ass. 
GFaham ; Sols. Pownall, Ipswich ; Sole & Co., 68, Alder- 
manbory, London. — Petition filed March 27. 
SAMUEL LOVICK COLEM.\N, Norwich, draper, dealer 
and chapman, April 8 at 2, and May 6 at 1, Court of 
Bankroptcy, London : Off. Ass. Groom ; Sols. Sole & Co., 
68, Aldermanbnry.— Petition filed March 19. 
THOMAS YOUNGMAN, Old-street-road, Middlesex, dra. 
per, April 10 at 1, and May 8 at half-past 12, Coort of 
Bankruptcy, London: Off. Ass. Pennell; Sol. Jay, 14, 
Bocklersbury, London. — Petition dated March 20. 
FREDERICK GEORGE JOHNS, Great Queen-street, 
Lincobi's-inn-fields, Middlesex, fixture dealer, dealer and 
chapman, April 3 at 12, and May 14 at 1, Court of Bank- 
ruptcy, London: Off. Ass. Whitmore; Sol. Story, 36, 
Great James-et., Bedford-row, Middlesex.— Petition filed 
March 27. 



MATTHEW SLADE HOOPER BUliter-st., London, tea 
dealer, (carrying on business under the style of Matthew 
Hooper & Co.), April 14 at half-past I, and May 14 at 12, 
Court of Bankruptcy, London : Off. Ais. Stansfeld ; Sols. 
J. C. & H. Freshfield, 5, New Bank-buildingk.— Petition 
filed March 16. 

ANN PUCKETT, Melton-street, Eoston-square, Middlesex, 
lodging-house keeper, dealer and chapwoman, April 8 and 
May 6 at 2, Court of Bankruptcy, Ix)ndon: Off. Au. 
Groom; Sol. Moxon, 27, Southampton-buildings , Chan- 
cery-lane. — Petition filed March 26. 

RICHARD CHAMBERLAIN, Uttoxeter, Staffordshire, 
draper, dealer and chapman, April 3 and May 3 at half- 
past 10, District Court of Bankruptcy, Birmingham : Off. 
Ass. Bittleston; Sola. Motteram & Co., Birmingham; 
Jones, Sise-lane, London. — Petition dated March 4. 

JOSEPH CRAVEN REEVES, Rownham Mills, Long 
Ashton, Somersetshire, paint manufiscturer, dealer and chap- 
man, April 14 and May 12 at 12, District Court of Bank, 
ruptcy, Bristol : Off. Ass. Miller ; Sol. Tyrer, Liverpool.— 
Petition filed March 29. 

HENRY HAYMAN, Ottery St Mary, Devonshire, apothe- 
cary, April 6 and May 11 at 11, Diatrict Court of Bank, 
ruptcy, Exeter : Off. Au. Hirtzel ; Sol. Gidley, Exeter.— 
Petition filed March 23. 

HENRY BATES, Warley, Halifax, Yorkshire, eommon 
brewer, dealer and chapman, April 20 and May 24 at 11, 
Diatrict Court of Bankruptcy, Leeds: Off. Aas. Hope; 
Sols. Wavell & Co., Halifax; Courtenay & Compton, 
Leeds.— Petition dated March 25. 

JOHN BARNES, Liverpool, commiasion agent, dealer and 
chapman, April 14 and May 10 at 11, District Coort of 
Bankruptcy, Liverpool : Off. Ass. Casenove ; Sols. Bag- 
shaw & Sons, Manchester. — Petition filed March 25. 

HENRY MARTIN, Uverpool, and Birkenhead, Cheshire, 
eorrier, leather desler, dealer and chapman, April 14 and 
May 10 at 11, District Court of Bankruptcy, Liverpool: 
Off. Ass. Morgan ; Sol. Tyrer, Liverpool. — Petition filed 
March 26. 

JAMES LUND COPELAND, Liverpool, merchant, April 
16 and May 6 at 11, District Court of Bankruptcy, Liver- 
pool : Off. Ass. Bird ; Sols. Lowndes & Co., Liverpool. — 
Petition filed March 27. 

ROBERT JOHNSTON, Macclesfield, Cheshire, silk manu- 
fiustnrer, April 14 and May 5 at 12, District Court of 
Bankruptcy, Mandiester : Off. Aaa. Fraser. — Petition filed 
March 16. 

MlBTlNOB. 

JbAii Cogle, Limington, Somersetahire, miller, April 27 at 
II, District Court of Bankruptcy, Exeter, and. ac. ; at half- 
paat 11, div. — John Fegan, Linoohi, draper, May 5 at 12, 
District Court of Bankruptcy, Kingston-npon-HuU, aod. ac. 
and fin. div.— CAm. Lamdin, Newbury, Berkshire, uphol- 
sterer, April 20 at 12, Court of Bankruntcy, London, div. — 
Wm. Woodbridye, Mincing-lane, London, colonial broker, 
April 20 at 12, Court of Bankruptcy, London, div.— ^eiiyy 
Shuttleworth, Saffron Walden, Essex, ironmonger, April 26 
at 12, Court of Bankruptcy, London, div.— JJen. JThompson, 
Belper, Derbyshire, draper, April 16 at half-past 10, District 
Court of Bankruptcy, Nottingham, and. ac. ; April 23 at half- 
past 10, div. — Henry Gladwin, Nottingham, draper, April 16 
at half-past 10, District Court of Bankruptcy, Nottingham, 
aud. ac. ; April 23 at half-past 10, div. 

CsftTiricAns. 
7b be allowed, unless Cause be shewn to the contrary on or 
b^ore the Day qf Meeting, 
Robert Debenham, Edwards-st., Portman-square, Middle- 
sex, draper, April 23 at 11, Court of Bankruptcy, London.— 
Wm» Gosling, Woolwich, Kent, ironmonger, April 21 at 1, 
Court of BankruptcT, London. — Henry WooV and Isaac 
Lyons, Cripplegate-buildings, London, umbrella manufac- 
turers, April 21 at 1, Court of Bankruptcy, London. — John 
Rutty, Gerrard-st., Soho, Middlesex, draper, April 21 at 12, 
Court of Bankruptcy, London. — John Amery, Chelmsford, 
Essex, hotel keeper, April 26 at II, Court of Bankruptcy, 
London.— /oAn Fegan, Lincoln, draper. May 5 at 12, District 
Court of Bankruptcy, Kingston-npon-HuU.- Wm, White^ 
house, April 22 at Jl, District Court of Bankruptcy, liver- 
pool. — Henry Pound, Plymouth, Devonshire, builder, April 22 
at 11, District Coart of Bankruptcy, Plymoath. — /Somife/ 



106 



THE JUKIST. 



Sickerion, Liverpool, batcher, April 20 at 11, Diitrict Court 
of Bankmptcy, liverpool. — Joteph Hail, Hopend, Cradley, 
Herefordshire, fanner, April 26 at half-past 10, District Court 
of Bankruptcj, Birmingham. — Tho§, Myring, Waball, Staf. 
fordahire, bridle cutter, April 26 at half-past 10, District 
Court of Bankruptcy, Birmingham. — Bobert Squire James^ 
Leeds, Yorkshire, wholesale ironmonger, Apnl 22 at 11, 
District Court of Bankruptcy, Leeds. — Henrp Shaw, Houses- 
bill, near Huddersfield, Yorkshire, and Henry Oartkwaiie, 
Mold Green, near Huddersfield, Yorkshire, fancy manufac- 
tOKiB, April 22 at 11, District Court of Bankruptcy, Leeds. 
Te be grtmied, wUen an Appeal be duly entered. 
John Fairbrother, Brighton, Sussex, oowkeeper.— ^j^0<i 
MarJtwick, Martin*8-lane, Cannon-st., London, manufacturer. 
^^tdee Samuei Rochat, St. If artin's-lane, Middlesex, watch- 
maker. — Geo, Oarrard, Saxmundham, Suffolk, ironmonger. — 
i^ F. Woodtf Little Portland-st., Oxford-st., and Pelham- 
temoe, Bromptoo, Middlesex, boilder.— JoAn Joe. Ruyner, 
Fleetwood, Lancashire, tailor. — Robert Welsh^ Hudder&eld, 
Yorkshire, woollen doth merchant. — Joeepk Longboitom and 
Thoe, Faweett, Iieeds, Yorkshire, cloth merchants.~iZo/yffr/ 
JBorr, Glasgow, Scotland, and John Syiee, Huddersfield, 
Yorkshire, q>inners. 

PbTITION AXIYUI.LSO. 

Jlobert ITDoimI/, Wortiung, Sussex, draper. 
Scotch SittUBiTBLATioNa. 

Jamee Robertson NieolL, Dundee, iron merchant. — John 
Oibb, Greenock, merchant. — P. If. Thomeon if Co,, Aber- 
deen, general ironmongers. — Alexander Cameron, Croftinty- 
gan, I^htayside, Perthahtfe, hrmer.^Wm. Jamieeon, Tor- 
nn, Ai^gyUsfaire, farmer. 

INSOLVENT DEBTORS 
W%9 have filed their Petiiione in the Court qf Bankruptcy, 
emd hare obtained am Interim Order for Protection firom 



Oeorye Hockey, Cnlmstodc, Deronshire, yeoman, April 22 
at 12, County Court of Somersetshire, at WeIlington.---VoAfi 
Weeke, Weston-super-Mare, Somersetshire, out of business, 
April 23 at 11, County Court of Somersetshire, at Weston- 
snper-Mare.~ W. Kennedy, Chesterfield, Derbyshire, brarier, 
April 21 at 10, County Court of Derbyshire, at Chester.— 
Jamee Barrow, Huddersfield, Yorkshire, commercial traveller, 
Apnl 15 at 10, County Court of Yorkshire, at Huddersfield. 
— .ilfin Waller, Hillhonse, Yorkshire, oordwainer, April 15 at 

10, Countr Court of Yorkshire, at Huddersfield. — Jmmee 
Johneon, Dunnuck, Bingley, Yorkshire, delver, April 21 at 

11, County Court of Yorkshire, at Keighley.— /(W. Teeee, 
Dawley, Shropshire, tailor, April 17 at 10, County Court ef 
Shropshire, at Maddey.— 7%o«. Wadling, Deronport, DcTon- 
■hire, rigger in her Mijesty's Dockyard, at Devonport, 
May 13 at 11, County Court of Devonshire, at East Stone- 
honsc^Ao^erl Pearmon, Cheltenham, butcher, April 20 at 
10, Coonty Court of Glouoestershira, at Cheltenham.— /oibi 
WoUaeott, Uffisnlme, Devonshire, labourer, April 15 at 10, 
Coonty Court of Devonshire, at Tiverton. 

Saturday, March 27. 
The following Aeeigneee hove been appointed. Farther par- 
Hculare may be learned at the Ofiee, in Portuyal^et., 
Lineoln'e'inn-fielde, on giving the dumber ^ the Caee. 
Richard Scott, Oxford-st., Stepney, Middlesex, carpenter. 
No. 62,721 T. ; Charles F. Foster, assignee.— JoAn Po//ffr, 
Guildford-place, Lambeth, Surrey, clerk to an attorney. No. 
62,799 T. ; John Wood, assignee.— 7%oiiMf Green, Hatton- 
garden, Holbom, Middlesex, auctioneer. No. 62,833 T. ; Isaac 
Carr, assignee.— JoAn Baker, Mayfield, Sussex, bailiff. No. 
74,761 C. ; WiUiam Gilbert, William Tooth, and John Hill- 
Bian, assignees. — John Hayward, Dartford, Kent, attorney 
at law. No. 74,763 C. ; William Cracroft Fooks and Edward 
Deere, assignees. — Thomag Smith, Lofthonse, near Leeds, 
Yorkshire, rope spinner, No. 74,372 C. ; Joseph Rowley and 
Edwin Rowley, assignees.^&iiiifli«/ Wood, High-street, Old 
Brompton, Middlesex, hair dresser, No. 50,631 T. ; Thomas 
Kuthdl, new assignee, in the room of John Marriner, deceased. 

Saturday, March 27. 
f}rders have been made, vesting in the Provisional Assignee 
the Sstates andBfects of the following Persons: — 
fOn their own PetitionsJ. 
James King, Hanway-street; Ozford-street, hair cutter : in 



the Debtors Prison for London and Middksez.— /«. #by|t, 
Montpelier-row, Brompton, Middlesex, jobbing npholsteitr: 
in the Debtors Prison for London and Midd]caex.-7eAa WstL. 
son. Grove-cottage, Grove-lane, Camberwell, Sorrey, coidi 
proprietor: in the Queen's Prison.—/. W. Procter, Hoo. 
stead, Kent, fanner : in the Gaol of Horaemonger<kDe.-^ot. 
Rutter, Union-street, Deptford, Kent, omnibus proprietor: 
in the Debtors Prison for London and Middlesex.— nosui 
Leach, Lisson-grove North, Middlesex, cheesemonger: mtbe 
Debtors Prison for London and Middlesex.- B. B. Brootkft, 
Regent -street, Kennington, Surrey, extra clerk io the Dnd^ 
of Cornwall-office, Somerset House : in the Debtors Prim 
for London and Middlesex.— T^ftomat Ross Comyn, Eormj, 
Middlesex, carpet agent : in the Queen's Prison.—/. Glow, 
Crawford- street. Cold Harbour- lane, Camberwell, Sontj, u* 
oountant: in the Queen's Prison.— VrtV/ioni jiylor, Upper 
Whitecross-st., St. Luke's, Middlesex, shopman to a ckoe- 
monger : in the Debtors Prison for London and Middlesex^- 
Thomas Gunner, Russell-street, St. John's, Sonthwark, Snr- 
rey, wheelwright : in the Debtors Prison for Londoo and Mid- 
dlesex.— 7!le Rev. T, B. L. Hall, Coboarg-plsee, Kenning. 
ton-lane, Surrey, clerk : in the Queen's Prison.— G. SMtt, 
Church-st., Deptford, Kent, potatoesalesman: intheQaea'i 
Prison.--JoAii William Oddy, Roupdl-street, CorawaU-md, 
Lambeth, Surrey, out of business : in the Gaol of Hons 
monger-lane. — Aridrew Bardley, Blackfiiars-road, Sorrqri 
licensed victualler : in the Gaol of Horsemonger-lsne.— G«o. 
Shatwell, Fish-street-hill, London, derk : in the Ddbton 
Prison for London and Middlesex.— -/o^ Burridge, Ropert- 
street, Haymarket, Middlesex, hatter : in the Debtors Priion 
for London and Middlesex.—/. Aitken, Salford, Laneaihire, 
joiner: in the Gaol of Lancaster.— /oAn BramwtU, littk 
Hacklow, Derbyshire, farmer: in the Gaol of Deiby.— Tlof. 
Bushell, Salford, Lancashire, porter merchant : m the Gaolef I 
Lancaster. — Samuel Coop, Manchester, joiner : in the Gaol of 
Lancaster. — John Carroll, Salford, Lancashire, twine muB* 
fiuAurer: in the Gaol of Lancaster. — Robert Howif Gretf 
Hucklow, Derbyshire, miner: in the Gaol of Derbf.— AMi 
Levering, Staley bridge, Cheshire, grocer: in the Gaol of Ln- 
caster. — Wm. Miilington, Manchester, licensed victualler: in 

the Gaol of Lancaster Samuel Martin, Whalley, near filad- 

bum, Lancashire, shoemaker : in the Gaol of Lancaster.— If. 
Noreross, Clitheroe, Lancashire, plasterer : in the Gaol of 
Lancaster.— /oAfi Reid, Hnlme, Manchester, joiner: in the 
Gaol of Lancaster.— /oAfi Sham, Heaton Norris, Lanouhire, 
provision dealer : in the Gaol of Lancaster. — John Jimene, 
Hulme, Manchester, joiner : in the Gaol of Lancaster.— lfn< 
Wild, Heaton Norris, Lancashire, out of business : in the Gaol 
of Lancaster.— James Wilkie the younger, Blsckpool. I^- 
caahire, stonemason : in the Gaol of Lancaster.— Jo As Wood, 
Manchester, joiner : in the GkK>l of Lancaster.— If. Ifa/^i 
Liverpool, licensed victualler : in the Gaol of Lancaster.— IT* 
Barker, Staleybridge, Lancashire, tailor : in the Gaol of Lu* 
caster. — Eliza Bennett, Milford Haven, Pembrokeshire, drev- 
maker: in the Gaol of Haverfordwest. — George Fox, Ma* 
brough, Yorkshire, farmer: in the Gaol of York.— /019A 
Genetone, Cardiff, Glamorganshire, ironmonger : hi the Giol 
of Cardiff.— D. R, Morgan, Merthyr Tydvil, Glamorganshiie, 
chemist : in the Gaol of Cardiff.— £. Beanland, Tong, sev 
Bradford, Yorkshire, engine tenter : in the Gaol of Yori[.--*f' 
Booih, Dewsbory, Yorkshire, innkeeper : in the Gaol of York. 
— rAoff. Bedford, Middle ShiUincton, near Dewsburj, York- 
shire, miller : in the Gaol of YoA.— William Bradley, Bod^t 
Woroestershire, wheelwright: in the Gaol of Woroester.-- 
George Brown, Southampton, carpenter : in the Gaol of 
Southampton. — Benjamin Gorton, Scredington, near Folkio;* 
ham, Lincolnshire, farmer: in the Gaol of Lincoln.— T^o^tf 
Tunstall, Shelton, Stoke-upon-Trent, Staffordshire, grocer: 
in the Gaol of Chester. — William Croasdale, Preston, Lanca- 
shire, out of business : in the Gaol of Lancaster. — Frederid 
Bde, Worthing, Sussex, cabinet maker : in the Gaol of Levtf' 
^Roger Gill, Leeds, Yorkshire, linendraper : in the Gaol of 
York. — James Ponty, Leeds, Yorkshire, clasp mannfactorer: 
in the Gaol of york,— Robert Jackson, Claypath, Dnrham, 
wooUendraper : in the Gaol of Durham. — Benjamin Jaeki<»i 
Claypath, Durham, wooUendraper : in ttte Gaol of Darhaffl."* 
Robert Watson, Chester-le-Street, Durham, grocer: in the 
Gaol of Durham. — James Bateman, Dover, Kent, attomej-at' 
law : in the Gaul of Dover.— John Skipsey Bell, Kingston- 
upon-Hull, out of business : in the Gaol of Kingston-npoo* 
Hull.— George Corbitt, Sheffield, Yorkshire, builder: in the 



THE JURIST. 



107 



Gaol of York. — William Bobiiuon, fiomley, Lanca8hire» 
wfaiteamxth : in the Gaol of Lancaster. — William Flowarday 
SUndt, Gfreaft Yarmouth, Norfolk, ovt of bosineM : in the 
GaolofNbrwidu 

7%eJbUawina Primmeri art ardmred le be brought up before 
a Jud§9 ef the Onmty Court, to be eMmmined and dealt 
wiik ueemrdiui to the Statutes^ 

At the Qmuip Court of Olamorffoiuhire, at CAnnirv, 
Jpril 12. 

Jotepk Qmeiomef Cardiff, ont of bnnneas.— Dovuf Howells, 
Swanaea, pobUcan. 

Ai tie Onmiy Court of Hampehire^ at Southampton, 
AprU 13 ai 10. 

Gtorga Browu, Southampton, carpenter. 

Ai the County Court qf WoreeetereMre, at Wobobstsk, 
April 14 ai 10. 

Thomaa Leil, Stoke Prior, near BromagroTe, vietualler. 

Ai the County Court of Stt^ordekire, at Stafvord, 
April 14 ai 10. 

CkgrUe George Teather, Bloxwich, Walaall, grocer. 

Ai ike Oouuiy Court qfKmUt ai Doybr, AprU 15 a/ 10. 

Jamet Baiaman, Dover, ont of bnainesa. 

M lAtf Cberniy Onuri qf Norfolk, ai the Shirehail, 
NoKWiCB Castli, April 16 at 10. 

Jamee iVvrw, King's Lynn, att0me7.at.law. — WUHmn 
Flomardmy Siieoek, Great larmoath, oat of business. 

M iha ComUy Court qf UTorthumberlahd, at Mobpxth, 
April 16 at 10. 

Wa^ Btek, North Shields, shoemaker.— 7!lomaff Thompwn, 
North Shialda, master mariner.-VoAis Swindlee Dick, Nortii 



Ai the County Court qf DenbiyheMre, at Ruthiit, April 16 
olio. 

John Wriyhi, Rnabon, publican.— IFt//tam HoU, Aber- 
daie, Glamorganshire, publican. 

Ai ike ComUy Court qf Merionethehire, ai Dolobllt, 
April 17 at II. 
William Howell, Caerhys, Trawsiynydd, labourer. 
Irboltbmt Dbbtobb' DrriDBNos. 



Charry Piygott, New Bridge- street, Blackfriais, 
London, derk to a lace manu£setuier : 1«. 9}<f . in the pound. 
'^John Hopiina, High-street, Pbrtland^town, Middlesex, 
ciiecBenMBiger : llcf. in the pound. — William Riehard Croson, 
Hi^-straet, Deptford, Kent, oowkeeper : 3a. 6ii. in the pound. 
— JKIIicBlAseff, St. John-street, Clerkenwdl, butcher! 2«. 4d. 
in. the pound. — John Cann, Yiiginia-row, Bethnal-green, 
MiddQeaez, baker: 5ff. 4^. in the pound.— /o^ Qeorge 
Fbrdham Blow, Long-lane, Bermondsey, Middlesex, eorrier : 
I«L Sd. in the pound. 

Alppiy ai the Provieional AMoigmtee* Office, Portugal-etreei, 
Uneoin'a'inn-Jlelde, London, between the houreqf 11 and 3. 

Mbbtinb. 

Gaurye Noit, ComwaU.road, Lambeth, Surrey, carpenter, 
April 17 at 12, InsolTent Debtors Court, Portugal-street, 
l£icoln's.inn-field8, sp. aff. 



The Queen has been pleased to confer the honour of 
knighthood upon John Domey Harding, Esq., D. C. L., 
her Majesty's Adyocate-General* 

The Lord Chancellor has made the following appoint- 
ments of Gentlemen at the Bar: — ^To the office ot— 
JPrindpal Secretary ^ Mr. John Stuart, jun. 
Secret a ry of Lunatics^ Mr. F. S. Reillv. 
Seereiary if PreeeniaHonSy Mr. G. C. fientinck. 
Seereiairy of Commisnoney Mr. N. J. Senior. 
GeniUmmi of the Chamher^ Mr. Josiah Wm. Smith. 



CHITTT'S ARCHBOLD'S COHHON-LAW PRACTICS. 
In 2 vols, royal I2mo., price 2/. 8«. in boards, 

ARCHBOLD'S PRACTICE OF THE COURTS OF 
QUEEN'S BENCH, COMMON PLEAS, and SXCHEQUEB, 
in Pmonal Actions and l^actments. Tho Eighth Edition, maoh en* 
laiged. By THOMAS CHITTT, Esq., of the Inner Temple. 
Also, to aooompaay the above, 
In 1 voL royal 12mo., price If. i*. in boards, 
FORMS of PRACTICAL PROCEEDINGS in the 
COURTS OF QUEEN'S BENCH, COMMON PLEAS, and BZ- 
CHEQUER OF PLEAS. By THOMAS CHITTY, Esq., of the Inner 
Temple. The Sixth Edition. 

S. Sweet, I, Chancery-lane; ▼. U R. Stevens and G. S. Norton, Bell- 
yaxd, Llncoln*s-inn« Law Bookseliera and PabUshers. 
Of whom may be had. 
In royal 12mo., the Eleventh Edition, price 1/. 2«. boards, 
ARCHBOLID'S SUMMARY of the LAW ivUting to 
PLEADING and EVIDENCE in CRIMINAL CASES; with the 
Stttates, Pieeedents of Indictments, ftc, and the Evidence neeessaiy 
toenpportthem. By Sir JOHN JBRYIS, Knt. The Blstxvth Bdz- 
Tiov, by W. N. WEL8B Y, Esq., Barrister at Law, Reoordsar of Ghestac. 

FACTORS AND BROKERS. 
A TREATISE on the LAWS relating to FACTORS and 
BROKERS} with an Appendix of SUtates, Rules, Orders, and Regu- 
lations, ftc. By JOHN A. RUSSELL, B.A., of Gra/s-inn, Barristw 
at Law. In 1 vol. 12mo., price 8s. boards. 

MACNAMARA ON NULLITIES AND IRREGULARITIES IN 
LAW. 
A PRACTICAL TREATISE on NULLITIES and IRRE- 
GULARITIES in LAW, their Character, Diatinetions, and G6nM- 

Siences. Bv H. MACNAMARA, Esq., of Lineoln's-inn, Spedal 
eader. Pries ' - — -- 



rice 6«. boards. 

CHITTT ON PLEADING, AND PARTIES TO ACTIONS. 
In S vols, royal 8vo., price 41. 10s. boards, 
CHITTY'S PRACTICAL TREATISE on PLEADING, 
and PARTIES to ACTIONS, with Second and Third Yolnmes, contain- 
ing Modern PrecedenU of Pleadings, andPraeCieal Notes. TheSevanth 
Editloa, corrected and enlaiged. By HENRY GREENING, E8q.,o. 
Lineoln's-inn. In 3 thick vols., price 4/. 10s. boards. 

WHITE ON SUPPLEMENT AND REVIYOR. 

In frvo., price 12s. boards, 

A TREATISE on PROCEEDINGS in EQUITT, br 

WAY c>t SUPPLEMENT and REVIVOR; with an Appendix of Pn- 

cedents. By GEORGE TOWRY WHITE, Esq., of Lincol&'i-iaB« 

Banister at Law. 

VATTEL'S LAW OF NATIONS. 

In 1 vol. rmral 8ve., price lU Is. boards. 

The LAW of NATIONS; or Prindplea of the Law of 

Nature applied to the Conduct and Aflhirs of nations and Sovereigns. 

From the French of Monsieur de Vattel. A New Edition, with a copious 

Index. By the late JOSEPH CHITTY, Esq., Banister at Law. 

COLE ON CRIMINAL INFORMATIONS AND QUO WARRAMTO. 
In l2iao., price 12s. boards, 
The LAW and PRACTICE relating to CRIMINAL IN* 
FORMATIONS, and INFORMATIONS in the NATURE of QUO 
WARRANTO; with Forms of the Pleadings and Pvoceedfaigt. By 
W. R. COLE, Esq., of ths Middle Temple, Barrister at Law. 

BURN'S ECCLESIASTICAL LAW. 
In 4 thick vols. 8vo., price SI. 18s. boards, 

BURN'S ECCLESIASTICAL LAW. The Ninth Edi- 
tion, corrected, with very considerable Additions, indadina the Statu|es 
and Cases to the nresent Time. By ROBERT PHILLIMORE, Advo- 
cate in Doctors' commons, Barrister of the lOddle Temple, ftc. ftc. 

*9* Very considerable Additions have been made by the present 
Editor— several Chapters are entirely new; such, among others, are 
thoee on the Legal Status of the Church in Ireland and Scotland, in Uia 
CAlonies, and in Foreign Dominions— on the Practice of the Courte 
in Docton' Commons— on the Ecclesiastical Commissioners— on the 
Marriage Acts — on Chaplains— on the Councils of fhe Oaurch, ftc. 
Throughout have been added copious Marginal Notes, both to the Old 
and New Text, and to all the principal Chapters a. Table of Contents, 
with pages of refnrenoe to the subJecL 

A PRACTICAL TREATISE on the LAW of MORT. 

MAIN and CHARITABLE USES and TRUSTS, with an Appendix of 
Statutes and Forms. Bv LEONARD 8HELF0RD, Esq., Barrister at 
Law. In Svo., price U. lis. M. boards. 

A PRACTICAL TREATISE on the LAW of MAR. 
RIAGE and DIVORCE, and REGISTRATION, as altered by the re* 
cent Statutes; containing also the Mode of Proceeding on Diforoet is 
the Ecclesiastical Courta and in Parliament; the Right to the Custody 
of Children; Voluntary Separation between Husband and Wife; the 
Husband's Liability to Wife'iB Debts; and the Conflict between the Laws 
of England and Scotland respecting Divorce and Legitimacy. With an 
Appendix of Statutes. By LEONARD 8HELF0RD, Esq., of the 
Middle Temple, Barrister at Law. Price II. 10s. boards. 

SHEI.FORD ON TITHES.— Thi an Eoxnov. 

The ACTS for the COMBfUTATION of TITHES in 
ENGLAND and WALES, with the LAW of TITHES in reftrence to 
those Acts, and Directions and Forms as settled by the Commis- 
sioner! ; also the Report as to Spedal Adiudioations, ftc, and the Plans. 
By LEONARD SHELFORD, Esq., of the Middle Temnle, Barrister 
at Law. Third Edition. tHth a Supplement containing the Tithe 
Amendment Acta, ft 10 VicL c 73, and 10 ft 11 Vict, c 104, and tho 
recent Cases on the Construction of the above Acts. Price ISs. boards. 
* »* The Supplement may be had separately. Price It, 6i. 



108 



THE JURIST. 



ROGERS ON ELECTIONS. ELECTION COMUITTEES, AND 

REGISTRATION.— Sktzntr Edxtiox. 

In 12mo., price 1/. 10a boards, 

THE LAW and PRACTICE of ELECTIONS, ELEC- 
TION COMMITTEES, and REGISTRATION; with an Appen- 
dix, containing the Acts of England, Scotland, and Ireland, brought 
down to the time of publication, embracing the whole body of the 
Election Law, with Analytical Tablet and a copious Index. By F. N. 
ROGERS, Esq., of the Inner Temple, Barrister at Law, one of her 
Mijesty's Counsel. 

Stevens & Norton, Bell-yard, Linooln's-inn. 



RATING OF RAILWAYS. 
In 12mo., price 4«. 6d. boards, 

A SUMMARY of the LAW as applied to the RATING 
of RAILWAYS and other Undertakings, extending through 
several Parishes, with the Judgments in the Cases of the London, 
Brighton, and South-coast; the South-eastern; and the Midland Rail- 
way Companies, delivered February 23, 1851. And Notes of all the 
Cases hitherto decided by the Court of Queen's Bench on the subject of 
Railway Rating; and some Observations on the Practical Mode of 
assessing a RaUway. By HENRY JOHN HODGSON, Esq., of Lin- 
coln's-inn. Barrister at Law, Recorder of Ludlow. 

" To shareholders and ratepayers, as well as to lawyers, the work before 
us will be found to be useftil, and we can recommend it as being an ex- 
tremely clear and accurate statement of the subject on which it professes 
to tnaX."—JurUt, No. 750, May 24, 1851. 

Stevens ft Norton, 26, Bell-yard, Linooln's-inn. 



THE NEW LAW OF EVIDENCE. 
Just published, price is. boaids, 

A TREATISE on the POWER of the COURTS of COM- 
MON LAW to compel the Production of Documents for Inspec- 
tion; with an Appendix, containing the Act to Amend the Law of 
Evidence, 14 ft 15 Vict. c. 09, and Notes thereto. By CHARLES 
EDWARD POLLOCK, Esq., of the Inner Temple. 
S. Sweet, 1, Chancery-lane, London; and Hodjges ft Smith, Dublin. 
Of whom may be had. 
In 12mo., price 6«. cloth boards, 
A TREATISE on the SUBSTANTIVE LAW relating to 
LETTERS-PATENT for INVENTIONS. By HENRY LUND, 
Esq., of Trinity College, Cambridge, M.A., and of Lincoln's-lnn, Bar- 
rister at Law. 

CHITTY, JUN., ON CONTRACTS. 
In one thick vol. royal 8vo., nrice U. lit. 6d. cloth boards, 
A PRACTICAL TREATISE on the LAW of CON- 
TRACTS NOT UNDER SEALi and upon the usual Defences 
to Actions thereoif. By JOSEPH CHITTY, Jun., Esq. The Fourth 
Edition, by J. A. RUSSELL, B.A., of Gray's inn. Barrister at Law. 
In I vol. 8vo., price 18«. cloth boards, 
A TREATISE on the PRINCIPLES of EVIDENCE 
and PRACTICE as to PROOFS in COURTS of COMMON LAW; 
with Elementary Rules for conducting the Examination and Crose-Ex- 
amination of Witnesses. By W. M. BEST, A.M., LL.B., of Gray's- 
Inn, Barrister at Law, 

A TREATISE on PRESUMPTIONS of LAW and FACT, 

with the Theory and Rules of Presumptive or Circumstantial Proof in 
Criminal Cases. By W. M. BEST, Esq., A.M., LL.B., of Gny's-ina, 
Barrister at Law. In 8vo., price 15«. boards. 



Just published, price S«. 6d., No. 18 of the 
TOURNAL of PSYCHOLOGICAL MEDICINE. Edited 
^ by FORBES WINSLOW, M.D. 

CONTXXTS. 

1. Crime, Education, and Insanity. 

2. Psychology of Epochs. 
S. Nervous Influence. 

4. An elaborate Report of the important and Interestins Lunacy Case 
of Mrs. Cumming, extending to nearly 200 pages of closely nrinted 
matter, embodying a verbatim report of the examinations and cross- 
examinations of all the medical witnesses, the general evidence, and a 
report taken from the short- hand writer's notes of the three piertonal 
examinations of Mrs. Cumming by the Commissioner, with the official 
reports, &c. 

This number of Dr. Winslow's Journal contains nearly 150 pages of 
extra matter without additional charge. 
London; John ChurehilT, Princes-street, Soho. 

Just published, price 4«. cloth, 

THE ABSCONDING DEBTORS ARREST ACT, 1851, 
(14 fr 15 Vict. c. 52). With Notes and Appendix, containing 
Forms of AfSdavita on which to procure the Warrant to Arrest, and the 
Writ of Capias from the Superior Courts; and also Forms of the other 
Proceedings under the Sututc. By ROBERT MALCOLM KERR, 
Advocate, and Barrister at Law. 

London: John Crockford, 29, Essex- street, Strand. 

LAW FIRE INSURANCE SOCIETY.— Officca, Noi. 5 
and 6, Chancery-lane, London. Subscribed Capital, £5,000,000. 

TKUBVSSS. 

The Right Hon. Lord Truro. 

The Right Hon. the Earl of Devon. 

The Right Hon. the Lord Chief Baron. 

The Right Hon. the Lord Justice Knight Bruce. 

William Baker, Esq., late Master in Chancery. 

Richard Richards, Esq., M. P., Master in Chancery. 
Insurances expiring at Lady-day should be renewed within fliteea 
days thereafter, at the Office of the Society, or with any of iU Agentt 
throughout the country. 

E. BLAKE BEAL, Secretary. 



M* 



T AW.— WANTED, by the advertiser, who has been two 
J-* years in his present situation, and can be well recommended 
a SITUATION as ASSISTANT CHANCERY CLERK. Age twentyl 
three. Letters, addressed L. H., Mr. Sloper's, Sutioner, 47, Holbom- 
hill, will meet with immediate attention . 

KSMO SIBI TIYAT. 

DISEASED, DECLINED, AND HEALTHY LIVES ASSURED. 
"EDICAL, LEGAL, and GENERAL MUTUAL LIFE 
ASSURANCE SOCIETY, 126, Strand. 
Established in 1840. 

TBUSTEES. 

James Copland, M. D., F. R. 8. I The Right Hon. the Master of tlis 

John Billingsley Parry, Esq., Q. C. RoUs. 

Yere Fane, Esq. | James Russell, Esq., Q. C. 

nXIlECTOKS. 

J. B. Parry, Esq., Q.C., LineolnVinn, (Chairman). 
«G. H. Barlow, M. D., Guy's Hospiul. 

D. Comthwalte, Esq., Old Jewry Chambers. 

•F. J. Farre, M. D., F. L.S., St. Bartholomew's Hospital. 

T. W. Greene, Esq., Lincoln's-inn. 

Richard Jebb, Esq., Lincoln*s-inn. 

♦J. C. W. Lever, M. D., Guy's Hospital. 

• W. J. Little, M. D., London HospUal. 

J. Parrott, Esq., Ciapham-common. 

«R. Partridge. Esq., F. R.S., King's College Hospiul. 

«R. Quain, Esq., F.R.S., Unirersity College HospiUl. 

R. Smith, Esq., Endsleigh-street. 

F. T. White, Esq., Lincoln's-inn. 

J. H. Whiteway, Esq., Lincoln's-inn-flelds. 

AVDTTOBS. 

John Brown, Esq., Surgeon, Hammeiamith. 

G. Carew, Esq., Solicitor, Lincoln's>inn-fields. 

F. W. Remnant, Esq., Solicitor, Lincoln's- inn-fields. 

E. Ray, Esq., Surgeon, Dulwich. 

Bavkxm.— Messrs. Praed, Fane, Praed, * Johnston, 189, Fleet-stiMt. 

Stamdivg Coumsbl. 

T. W. Greene, Esq., 9, New-square, Lincoln's-inn. 

SouciTOBs.— Meurs. Pooley, Beisley, & Read, 1, Lincohi's-inn-feldi. 

Sbcbbtaby.— Frederick J. Bigg, Esq., 1C6, Strand. 

The Directors marked with an asterisk * are the Medical Ezsmlnen 
of the Society, one of whom is always in attendance on Mondays at thtes 
o'clock, and on Thursdays at four o'clock. 

PoLiciBs XETEB DISPUTED in the absenco of wilful fraud. They m 
a sure and safe prorision for settlements, renewal of leases, loeurity for 
debts, be 

Emtxbb Net Pkofitb divisible among the Assaued Members. 

PoLXCT Stamps may be commuted by a small annual payment. 

Medical Pbactitiokebs paid by the Office Tor every case refened 
to them for their profeuional opinion. 

Every form of assurance at moderate rates. 

Prospectuses, &c. will be forwarded free on application to 

FREDERICK J. BIGG, Secretarj. 
1S8, Strand. 

N.B.— London agents wanted. 



XpQUITY and LAW LIFE ASSURANCE SOCIETY, 
-^ No. 26, Lincoln's -inn -fields, London. 



The Right Hon. I^ord Monteagle. 
The Right Hon. Lord Cranworth. 
The Right Hon. the Lord Chief 

Baron. 
The Hon. Mr. Justice Coleridge. 



The Hon. Mr. Justice Erie. 
Nassau W. Senior, Esq., Msiter 

in Chancery. 
Charles Purton Cooper, Esq., (2.C» 

LL.D.,F.R.S. 



Geoige Capron, Esq. 

The Business and Interest of the Etonian Assurance Company htve 
been translferrad to this Society. 

Policies in this Office are indisputable, except in cases of fraud. 

Persons who have been seen by a Medieal Officer of the Sodetysie 
not required to appear before the Directors. 

"Free Policies' are issued at a small increased rate of PremimB. 
whidi remain in force although the Life assured may go to any part of 
the world. 

Policies do not become void by the Life assured going beyond the 
prescribed limits, so far as regards the interest of Third Parties, pro- 
vided they pay the additional Premium to soon as the fact oomes to 
their knowledge. 

Parties assuring within Six Months of their last Birthday an al- 
lowed a diminution of Half-a-year in the Premium. 

The Tables are especially favourable to young and middle-aged Utm, 
and the limits allowed to the Assured, without extra charge, are na- 
usually extensive. 

Eighty per Cent of the Profits are divided at the end of every Five 
Years among the Assured. At the first division, to the end of IM, tlie 
addition to the amount assured averaged above 50/. per Cent, on the 
Premiums paid. 

*•* The usual Commission allowed. 



*•• Orders for THE JURIST given to any Newsman, or letter (PO<t- 

Said) sent to the Office, No. 3, CHANCERY-LANE, or to STEVENS 
s NORTON, 16 and 89, BELL-YARD, LINCOLN'S-INN, will insors 
its punctual delivery in London, or its being forwarded on the evening 
of publication, through the medium of the Post Office, to the Cou ntry^ 

Printed by HENRY HANSARD, Prxvtse, raiding at No. 14, 
Park Square, Regent's Park, in the Parish of St. Marylebone, in the 
County of Middlesex, at his Printing Office, situate in Parker Street, in 
the Parish of St. Gile»-in-the-Fields, in the County aforesaid ; and Pub- 
lished atNo.S, Ckaxcxkt Lake, in the Parish of St. Dunstan in thf 
West, in the City of London, by HENRY SWEET, Law BooksellxR 
and PvBLisBXK, residing at No. 41, Great Coram Street, in the Parish 
of St George, Bloomsbury, in the County of MiddleMZ.— Saturday, 
April 3, 1852. 




iS- 



tl^X^ ^^r^ ly^ 



No. 796— Vol. XVI. 



APRIL 10, 1852. 



Price 1^. 



NAMES OF THE CASES REPORTED IN THIS NUMBER. 



Court of Chancery. 

JMwuaiie BMUbliikmeni— Gardener) 277 

Court of Appbal in Chancbry. 
In re Boden'a Estate, and in re The Tnutee Act, 1850. 
— (TViw/ec Act, ISbO—Omttrueiion qf the 19/A 

Seetimof) 279 

Ex parte Rimell, m re Brewer. — {Bankrupt Lam Cim- 
aolidoHon AH, 1849~Cieme/nie/iofi qf the 2Z2nd 

SacHonof) 279 

' Rolls Court. 
WMddon o. Spode.— (ITt/l— Coiu/nte/ibM— £roNeni- 

tumofPermmaiEatate) 281 

Vicb-Chancellor Turnkr*s Court. 
RawfinaoD v. Waaa .— ( WiU—Heire es parte Matemd) 282 

Vicb-Chancbllor Parker's Court. 
Taylor v. Frobiaher.— (FPi7/— Owie/me/ton—*' Vested 
Jntereet "^Executory Bequeet void for Eamote* 
meat) 284 



Vice*Chancbllor Parker's CovnT^CamiinuadJ: 

Tribe V. Newland.— (fTt/l— CDfietfnic/ioii— r«t/ti^— 
Survivarahip) 286 

Court of Quben's Bench. 

Grange r. Trickett. — {VeMtinff Order — Dieeharge qf 
Debtor by Content qf Detaining Creditor^! &* 2 
Ftc/. c. 110, *. 44) 287 

Floyd V. Weaver.— (Appeal from Coanty Court). — 
(Truck Act, 1^2 WUl. 4, e. Zl^Sub^caniractor) 289 

Bail Court. 

Reg. 9. Mayor and Aaaeaaors of Harwidi.— (ileoi«t«ii 
qf Burgeea LiaU-^h ^ 6 Will. 4, c. 76, e. 18). ... 291 

Prerooatitb Court. 

Brenchley v. Lynn.— (Afarrte<i Woman^i WiU — No 
Executor named'-Admimetration to go according 
to Jntereet under the Papar'-Pleading) 292 



LONDON, APRIL 10, 1852. 

Ik the present article we propose to oonsider some 
recent deciaioiu relating to costs under the County 
Court Extension Act*. It may now be regarded as 
settled in the Courts of Common Pleas and Queen's 
Bench, that where the superior courts have a concur- 
rent jurisdiction with the county courts, under sect. 
128 of rtat 9 & 10 Vict. c. 96, or where ho plaint could 
haye been entered in any county court, or where the 
caose haa been remored from a county court by cer- 
tiorari, the superior court, or a judge thereof, is bomdy 
1>7 Stat. 13 & 14 Vict. c. 61, s. 13, on being satisfied of 
one of the above fiacts, to make an order that the plaintiff 
shall have hb costs; (Macdougall v. Patenon, 16 Jur., 
}MHt i, p. 1106 ; 2 Lownd. M. & P. 681 ; S. C, Crake v. 
PmoeU^ 16 Jur., part 1, p. 124»note); and such it ap- 
pears will be the decision in the Exchequer whenever 
the case shall come again before the full Court; for in 
AtpUn T. Blaekmamy (21 L. J., Ex., 78), heard in the 
judgest* room at Westminster in February last, before 
Parke and Aldersbn, BB., those learned judges decided 
in conformity with the above cases, and therefore in 
dix«ct opposition to Jcnea v. HarritOHy (6 Exch. 328 ; 
16 Jut., part 1, p. 337). 

Although the refusal of costs, where a party is entitled 
to them, is a ground for bringing a writ of error, yet the 
Court of Common Pleas has decided that applications for 
costs, under the County Court Extension Act, must be 
made promptly, or they will not be entertained. {Or- 
dkord V. Mox^j 16 Jur., part 1, p. 124). In that case 
it appeared that a verdict had been found for the plain- 
ti£F in May, 1851,. and on the 26th of that month he 

* The latest reviews of this class of cases will be found in 
15 Jar., part 2, pp. 242, 454. 

Vol. XVL M 



applied to Patteson, J., at chambers, for his costs, but 
the summons was dismissed, on the authority of Joneg 
V. Harriwn, The defendant then paid the amount of 
damages, without prejudice to the plaintifiF's right to 
apply to the Court for his costs; and upon the Court of 
Common Pleas deciding MacdaugaU v. Patersony the 
plaintiff obtained a rule nisi on the 13th January for 
the taxation of his costs. The Court sidd, that as the 
plaintiff had not applied within a reasonable time, but 
had lain by from May to December, (a period of seven 
months), when the decision of the Courtof Common Pleas 
was pronounced, the rule must be discharged*. In 
Asplm V. Blackman (supra) this objection was also ndsed 
to the application of the plaintiff, upon the following 
state of £eicts : — The cause was tried on the 16th Novem- 
ber, and resulted in a verdict for the plaintiff, who, 
however, was directed by the judge to be holden to ball 
to answer a chaige of perjury, for which offsnce he 
was subsequently tried and acquitted. His attorney 
was afterwards chaiged, and the summons for costs was 
taken out on the 7th February. It was now insisted 
that there had been an unnecessary delay upon his part, 
as he might have come to the Court in the preceding 
Michaelmas or Hilary Terms. Alderson, B,, however, 
said, ** The decision of the Queen's Bench in Crake v. 
Powell was not given until after Hilary Term, and the 
plaintiff could hardly be expected to oome to the Court 
of Exchequer, and ask them to reverse the decision of 
Jones V. Harrison. I think, under all the circum- 
stances, the plaintiff has made his implication within a 
reasonable time." 
With reference to the exceptional cases in which a' 



* The Court of Excheqner discharged a role for costs ^^nd^r 
the act, upon a aimilar groond, in Bearcrqft t. Geor^e^^^EC^s- 
ter Term, 1851, MS, Z^n -^ 

^ >-■■ 



/ 






SAV^ 



no 



THE JURIST. 



plaintiff suing in a superior court is entitled to his 
costs, a question has been raised, but not decided, whe- 
ther, if a plaintiff has tw« dwelling-places^ one of them 
less and the other more than twenty miles firom the 
defendant, the superior Ceurto have concurrent juris- 
diction. (Maedou^aUr, PaUrwnySVL]^!^), He certainly 
could state in his affidavit, 'with truth, that he dwelt 
more than twenty mUes &om the dwelling of the defend- 
ant at the time of commencing the action. 

Where the plaintiff dwelt at Inverness^ more than 
twenty miles from the defendant, but had been in the 
habit for some years of coming to London, and residing 
for some months in Golden-square, for the purposes of 
his business^ lees than twenty miles from the defendant, 
and was so residing there at the commencement of the 
action, it was held that he did not *^ dwell" in Golden- 
square, within the meaning of the 128th section of the 

9 & 10 Vict c. 06» but at luTecness. (MacdouffaU ▼. 
Patersan, supra). 

As to the ^ cause of action arising wholly or in some 
material point within the jurisdiction of the court 
within which the defendaiit dwells or carries on his 
business at the timeof tlie action brought," (sect. 128 of 
Stat. 9 & 10 Vict. c. 96), it has been decided, in an action 
at the suit of an indoraee of a bill of exchange which 
had been deliyered to him in Middlesex, that the cause 
of action arose wholly in that county, and not in Lon- 
don, where the bill was drawn, accepted, and written 
aiWMBbythftiiuluMr^ (AidM9rT.iirati»,6£xch.43). 

If the application be upon the ground that title 
came in question, the onus is thrown upon the plaintiff 
of shewing that it did really bonft fide come in issue, 
and not merely that the defendant so pleaded that it 
might possibly haye come in isaue. (LailUm ▼. 4^p«^ 
dii^, 16 Jur., part 1, p. 576). 

Although the sum ^lecovered" may fall below the 
sun which entitles a plaintiff to costs, yet he is not 
deprived of them if it has been reduced by a set-off, 
( Woodhami y.Newman^ 7 C. B. 654; Berwick y. Cap- 
fier. Id. 669), or by a tender, {Cnfus v. Seaman^ 15 
Jur., part 1, p. 512; 2 Prac. Bep. 273), or, as it seems, 
by payment into court, (P&wer y. Joimv, 16 Jur., 
part 1, p. 242; Broois y. Biglyy 2 Ad. & £1. 21; Reg. 
G«n., T. T., 1 Vict.); although it is of course otherwise 
if the reduction has been caused by payments. ( TVr- 
nmr V. Bert^y 20 L. J., Ex., 89). 

The County Court Acts apply to demurrer^ so as to 
deprive a plaintiff of eoet^ where the jury assess hia 
damages thereon, in an action of contract^ at less than 
aw. (Prem v. Squire, 20 L. J., C. P., 175). In the 
laat-cited caae^ Jervis, C. J., appeared to be of opinion 
that the word ^^vezdict," in sect. 12 of the Id & 14 
Viot. c. 61, included a yerdict npon a writ eS inquiry, 
except on a judgment by defiAult, which is expressly 
excluded from the act. (See Eeed v. Shfidaoley 13 Jur., 
part 1, p. 497). It has been held, that under the 9 & 

10 Vict. 0. 96, s. 129, a judge of a superior court may 
certify for costs at any time before the costs are taxed. 
{SharrM y. TVmot, 20 L. J., Ex., 189). In that case 
the certificate was given fourteen days after the trial, 
and the decision proceeded upon the ground that the 
statute did not limit the period for giving the certifi- 
cate; and the same construction would be given, upon 
the same ground, to sect. 12 of the Extension Act; and 

2 



vdiere «n order of reference gave to an arbitrator the 
same power of cerdfyij^ as a judge at Nisi Prius, but 
he did not exercise it. It was held that a court or a 
judge had still the power of cerfifying under sect. 13 
of the Extension Act, tbe oactifieate under that section 
being one which a court or judge has power to giye, 
and being different from that whidi a judge at Nisi 
Prius is empowered to give under the 12th sectionu 
{Sharpy. Boeleigh,20L. J. y^x.y2SSi). This diffeienoa 
will be manifest upon comparing the two sections. It 
will be important henceforth to insert in every sub- 
mission to arbitration, as in the above case, a powa 
for the arbitrator to certify in the same manner aa a 
judge at Nisi Prius. 



QCottrt ipapns. 



EQ^UITY SITTINGS, EASTER TEEM, 1852. 

Bif(or§ ike Bight Bon. the MxaTBit or tbb Rolls, «/ 
theBoUe. 



Thorsday . . J^^l 15 

Friilay 16 PetitiABs in tbe General Ffcper. 

Saturday 17] 

Monday 19 I Pleas, Demurrers, Causes, Farther Di. 

Tuesday 20 [ reetioDS, and Exceptions, 

Wednesday 2lJ 

Thursday 22 Motions. 

Friday 231 

^^^J ^ilpieaa, DemunerSt Caoses, Claims, 

S^y.'.'!.".!.*. 27j Farther Directions, and Exceptions. 

Wednesday '..'.'.'J 28 J 

Thiusday 29 Motions. 

Friday 30"! 



Saturday .... May 1 

Monday 3 

Tuesday 4 

Wednesday 5 

Thorsday 6 

Friday 7' 

Saturday 8 



Caoses, Claiiaa, 



Flsas, Demwrers, 
Further DinctioBSy and 



Petitions in the General Paper. 
Motions. 



Short Censes, Short CUdaui, Consent Causes, Unopposed 
Petitions, and CUuma, every Sataxday aS tiie sittiog of ite 
Court. 

iVbtfiee.— <?Qnsent Petitions must be presented, and 
left with the Secretary, on or before tbe Thorsday prei 
the Saturday on wfaidi it is intended they should be heard. 



tiieae 



COMMON-LAW SITTINGS, IN AND AFTER 
EASTER TEEIf, 18^ 

€ottrt of Auertt'si Sench. 

MiDDLB8KX.~/» TVrm. 

Ist rittmg, (at 10 o'clock), '\ . 

Friday...!?... ^l^il6l^L~!r^^"l 

2nd sitting, (at 10 o'dcSfe), t "?^„^ ^^ ^ 
Friday ..77;.. 23J ^^'^' 

3rd sitting, (at 10 o'clock), 1 For undefended causes 
Thursday May6j only. 

4ft^ Term, — Monday, Map 10. 
London. — jfii Term. 

1st sitting (at 10 o'clock).... Thursday AprU22 

2nd sitting (at 10 o'clock) .. Thursday » 

[Any common jury erase may be taken in term.] 
4fter 7knn«— IViesday, Mky 11, to adjourn only. 

The Court will sit at half-past nine o'clock on everj daj 
after term. 
The causes in the list for each of the aboTe sitting daji in 



THE JURIST. 



Ill 



tann, if not diipoied of on those days, will be tried by ad- 
joMumqi t on the days following each of indi sitting days. 

N.B.— Th« Office of the Marshal and Associate is in RoUs- 
gardens, Chancery-lane, Hoars of attendance, 11 to 5 daring 
ttim and sittingB after term ; 11 to 2 daring the rest of the 
T»- 

Covtt 0C Conmum IKeas* 

XIBDIASKX. I LONDON. 

Tueaiaj 4|Nn/ 20 Thursday Afril22 

TamdKj 27 | Thorsday 29 

4fierTerm. 
UaodHf JAy 10 I Toesday Ma^ll 

Use Covrt will sit at tea o'doek in the forenoon on each of 
tiie day* in tena, and at half-past nine precisely on each of the 
days alter tenn. 

Tbe canses in the list for each of the above sitting days in 
term* if not disposed of on those days, will be tried by adjoam- 
nent on the dsys following each of such sitting days. 

On Tuesday, the 11th May, in London, no ceases will be 
triedt bat the Coort will adjoom to a fotare day. 

N . B. — ^The office of the Marshal and Associate is at the 
hnd Chief Justice's Chambers, Rolls-gardens, Chancery-lane. 
Homns of attendance during term, and sittings after term, are 
" 1 11 to 5. 



0):cj^et|itet of ]pi(ait« 

ik Ttrm, 



LONDON. 

1st sitting, Thursd., April 22 
2nd sitting, Thursday 29 



MIDOLBaaX. 

UtotlBg, Friday.. Aprii\6 

2nd sittiiV, Friday 23 

JM iittiiv, Friday 30 

4^«r Term, 

Monday Jf^ 10 I Tuesday Ma^ll 

I (To a4iovn only). 

Tba Court will sit, daring and after term, at ten o'dodc. 
The Cout wiU sit in Middlesex, at Nisi Prins, in term, by 
a^ownneat from day to day, until the causes entered for the 
' ) Middlesex Sitthigs are disposed of. 



COlOftON-LAW CAUSE LISTS, EASTER TERM, 
1852. 

Court of fkutvx'% itench. 

NEW TRIALS 
Bbmainino undbtbrminsd at thx End of thb Sit- 

TINSS ArTBA HlLAKY TUAU, 1852. 

Foa JiTDOMXNT. I Midd.— Harrison o. Dunn 

Tori:— Marten v. Boyes & on. I Hilary Txrm, 1852. 

Fon ARorMaNT t Midd—Harris ir. Noyea 

.., Mich. T.RM, 1851. Keane ir. SteWart 

Lnr'pool-Hayes r. Williams Lane e. HiU 

„ Rochdale Canal Co. " 

V. RadcMe 
Carmaithen — Doe d. Thomas 
e. Thomas 
IWetf dmring Mich. Term, 
1851. 
Midd«— Neve & an. r. HoU 
lands and Wife 



Loud.— Avery v. Adams & an. 
„ Rayne e. Allhusen 
„ Rogers v. Harris 
„ Beale v, Nye 

Tried during Hilary Ttrm, 
1852. 



Mldd. — Stapkton v. Croft 



COUNTY COURT APPEAL. 
Fontefract — Morville «. Great Northern Railway Co. 

SPECIAL CASES AND DEMURRERS 
For EastxrTbrm, 1852. 



Those marhed thus * are Special Case*— the rest are Demurrers. 

*Wi]son t). Eden 
Broughton v. Jackson 
Hargreayes v. Lancashire and 



For Aroumrnt. 

Company of Proprietors of 
the Kennet and Avon Canal 
Ncrigation v, Witherington 



Browne & ore. v. Von Uster 

Bond V. Eastern Union Rail- 
way Co. 

*Cross Keys Bridge Co. v. 
Commissioners of Mene 
OutfaU 

Smith V. James 

Sir T. R. Gage, Bart., v. New- 
market Railway Co. 

Fardon & an. v, Homsby 

Drane v. Matthews 

Quarterman e. Guardians, &c. 
of Oxford 



Bouverie & an. v. Perceval 

Starkey v. Marriott 

*The Guardians of Chelmsford 

Union e. The Chelmsford 

Local Board of Health 
'^Farrow & an. v. Mayes 
Morewood e. Eastern Umon 

Railway Co. 
Heseltme e. Si^ 
Ford & an. v. Heale 
Boslock V. Sidebottom 
Lowndes o. Earl of Stamford 

and Warrington 



ENLARGED RULES 
For Eastcr Trrm, 1852. 



Fir$t Day, 
Richards e. Cameron's Coal- 
brook Steam-coal & Swansea 
and Loughor Railway Co. 
Meredith e. Gittens 
Whitmore & an. v. Crabb 
Sigrist V. Drummond 
In re London & North- western 
Railway Co. and the Vestry- 
men of the Poor of the Pa- 
riah of St. Pancras 
Montgomery & an. o. Ross 
Lloyd and Wife v, France 
In re Wilde and Sheridan 



Reg. e. Evan Griflin 
Same t, Drunndiffe 
Same v. Clerk of the County 

Court of Surrey 
Same e. York, Newcaatlci and 

Berwick Railway Co. 

Second Day. 

Reg. V. Robinson 

Same v. Carr 

Same e. Official Referees under 

Metropolitan Building Act 
Same v. Inhabitants of Tur* 

weston* 



3 



Yorkshire Railway Co. 



EonOon CSa^ettrs. 

FRIDAY, April 2. 
BANKRUPTS. 

HENRY STIMSON, Ute of Old Kent-road, Surrey, but 
now of High-st., St. Neot's, Huntingdona]:dre, boot and 
shoe maker, dealer and chapman, April 16 at half-past 12, 
and May 14 atbalf-past 11, Court of Bankruptcy, Lon- 
don : Off. Ass. Cannan ; SoL Atkinson, Swan*idtambert» 
Gresham-st., London.— Petition filed March 30. 

WILLIAM HEWITT, Great Driffield, Yorkshire, brewer, 
dealer and chapman, April 21 and May 26 at 12, District 
Court of Bankruptcy, Kingston-upon-HuU t Off. Ass. 
Carrick; Sol. Jarratt, Great Driffield. —> Petition dated 
March 15. 

WILLIAM HIGGINBOTHAM, Macdesfidd, Cheshire, 
silk manufacturer, April 22 and May 7 at 11, District Court 
of Bankruptcy, Manchester : Off. Ass. Lee ; Sols. Hig- 
ginbotham, Macclesfield; Hitchcodi & Co., Manches* 
ter; Johnson & Co., Temple, London. — Petition filed 
March 29. 

JOHN SCOTT M'CULLOCH, Liverpool, dr^er and 
hosier, dealer and chapman, (trading under the style or 
firm of M'CuUoch & Co.), April 16 and May 6 at 11, Dis- 
trict Court of Bankruptcy, Liverpool: Off. Ass. Bird; 
Sols. Dodge, Liverpool; Sole & Co., 68, Aldermanbnry, 
London.— Petition filed March 23. 

JAMES HALL, Denton, near Ashton-under-Lyne, Lance* 
shire, hat manufacturer, April 20 and May 1 1 at 12, District 
Court of Bankruptcy, Manchester : Off. Ass. Fraser ; SoL 
Royle, Manchester.— Petition filed March 27. 

MBrriNOS. 
John Caile, Whitehaven, Cumberland, grocer, April 22 at 
11, District Court of Bankruptcy, Newcastle-upon-Tyne, last 
ex. — JVm. RobertSf Warren-st., Camden-town, Middlesex^ 
builder, April 27 at 11, Court of Bankruptcy, London, and. 
ac. — Ambrose Croahaw^ Park-road, Holloway, Middlesex, 
brickmaker, April 22 at 2, Court of Bankruptcy, London, 
and. ac,—Joehua Chaa. Foster, Club-row, Church-st., Shore- 
ditch, and New Gloocester-pl., Hoxton, Middlesex, timbermer- 
cbant, April 15 at 11, Court of Bankruptcy, London, and. ac. 
— Henry Robert Sabine ^ Poppin's- court, Fleet-st., London, 
card maker, April 14 at 1, Court of Bankruptcy, London, 
and. ac. — Wm, Dalton^ Cbarlotte-st., Pimlico, Middlesex, 
grocer, April 14 at 1, Court of Bankruptcy, London, aud. ac. 



112 



THE JURIST. 



^Samuel Watkina Saunderg^ Castle-st., Soathwark, Surrey, 
engineer, April 14 at half-past 1, Court of Bankmptc^, Lon- 
don, aud. ac— /oAii Howard^ Maocleifield, Cheshire, silk 
mannfacturer, April 22 at 12, District Court of Bankruptcy, 
Manchester, aud. ac. ; April 23 at 12, div.— J2o6tfr/ Sutclife, 
Warrington, Lancashire, cotton manufacturer, April 20 at 12, 
District Court of Bankrupts, Manchester, aud. ac. ; April 27 
at 12, div. — John Barker, Newcastle-upon-Tyne and North 
Shields, Northumberland, merchant, April 21 at 11, District 
Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. — Robert 
Thorman, Newcastle-upon-Tyne, engine builder, May 6 at 11, 
District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. ; 
May 7 at 11, div.— /oAn JVaieon and Robert Young Watson, 
Sunderland, Durham, shipbuilders, April 29 at 11, District 
Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. — Thoe, 
Urquhart Anderaont Wellington, Shropshire, mercer, April 14 
at half- past 11, District Court of Bankruptcy, Birmingham, 
aud. ac. — Geo, Milnes, Palsgrave and Scarborough, York- 
shire, doth merchant. May 3 at 11, District Court of Bank- 
ruptcy, Leeds, aud. ac. — Henry Hamer, Blackfnare-road, 
Surrey, linendraper, April 23 at 11, Court of Bankruptcy, 
London, d\7,^Benjamin Biltinge, Harlow, Essex, victualler, 
April 27 at half-past 11, Court of Bankruptcy, London, div. — 
John Slater Marahall, Goswell-road, Clerkenwell, Middlesex, 
boot and shoe dealer, April 23 at half-past 11, Court of Bank- 
ruptcy, London, div.—il. N. Reeve, Newgate-street, London, 
wooUendraper, April 23 at 11, Court of Bankruptcy, London, 
div. — Jamee F. Silby, Poole, timber merchant, April 23 at 11, 
Court of Bankruptcy, London, div. — Henry Charlee Verbeke, 
Adam's-oourt, Old Broad* street, London, merchant, April 23 
«t 1, Court of Bankruptcy, London, fin. div. — Sir Frat. Chas. 
Knowhe, Queen-street, May-fair, Middlesex, banker, April 
23 at half-past 12, Court of Bankruptcy, London, fin. div. — 
John S. Fiaxmant Ludgate-street, London, out of business, 
AprQ 23 at 1, Court of Bankruptcy, London, div. — Benj. 
Tipper, Maiden-lane, Qaeen-st., Cheapside, London, whole- 
sale stationer, April 24 at 11, Court of Bankruptcy, London, 
div. — John Barlow, Wharf-road, City- road, Middlesex, en- 
gineer, April 24 at half. past 11, Court of Bankruptcy, Lon- 
don, div. — Thomae Pope, Kidbrooke , near Blackheath, Kent, 
oowkeeper, April 23 at 1, Court of Bankruptcy, London, div. 
^^ohn Hunt, Edgeware-road, Middlesex, draper, April 24 at 
half-past 11, Court of Bankruptcy, London, div.—/. Cook, 
Assembly-row, Mile-end-road, Middlesex, builder, April 23 at 
half -past 1, Court of Bankruptcy, London, div. — C. Bunyard, 
Mark-lane, London, seedsman, April 24 at 11, Court of Bank- 
mpCey, London, div. — Geo.F, Gardener, Rayleigh, Essex, 
grocer, April 23 at 11, Court of Bankruptcy, London, div. — 
John Marehall, Southampton, coal merchant, April 24 at 11, 
Court of Bankruptcy, London, div. — Jamea Bate, New Wind- 
sor, Berkshire, builder, April 23 at 1, Court of Bankruptcy, 
London, div. — Charlee Burgin, Sheffield, Yorkshire, steel 
manufacturer, April 24 at 1 1 , District Court of Bankruptcy, 
SheffieUl, div.— JoAii Gray and Robert Williame, Chester, 
engineers, April 27 at 11, District Court of Bankruptcy, Li- 
verpool, div. 

ClATIFICATES. 

To be allowed, unleae Cauee be ahewn to the contrary on or 
btfore the Day of Meeting. 

George Law, Harrow-road, Middlesex, hatter, April 23 at 
2, Court of Bankruptcy, London. — John Henry Stulpner, 
Mark -lane, London, general merchant, April 24 at 12, Court 
of Bankruptcy, London. — George Cheatham and George W, 
Gill, Stroud and Frinsbury, Kent, shipwrights. April 27 at 
11, Court of Bankruptcy, London. — Thomas Jamea Lough 
and Chas, Wm, Lewis, Great St. Helen's, Bishopsgate- street 
Within, London, drysalters, April 23 at 12, Court of Bank- 
ruptcy, London.— CAar/« James Poirell, Kingston, Surrey, 
draper, April 26 at 1, Court of Bankruptcy, London.— i2o6/. 
Thorman, Newcastle-upon-Tyne, engine builder, May 7 at 
half. past 11, District Court of Bankruptcy, Newcastle-upon- 
Tyne. — John B. Taylor, Liverpool, commission agent, April 
23 at 11, District Court of Bankruptcy, Liverpool.— Afa/ZAcw 
Mumford, Dittisham, Devonshire, miller, April 28 at 11, Dis- 
trict Court of Bankruptcy, Exeter. — Charlea Lucas, Richard 
Wilkinson, aud Edward Bond, Manchester, and Hayfield, 
Derbyshire, calico printers, April 23 at 12, District Court of 
Bankruptcy, Manchester. — William Kirkham, Manchester, 
paperhanger, April 23 at 12, District Court of Bankruptcy, 
Manchester. 



To be granted, unleaa an Appeal be duly entered. 
Sarah Jaherwood, Lndgate-hill, London, house deoontor. 
— Henry Brooker,H\gh'at., Peckham, Surrey, grocer. — Wim. 
J. Foulkea, Birkenhead, Cheshire, druggist.— rAoauu Lett^ 
Aspley Guise, Bedfordshire, builder.— fVedmeifr B, Preed^^ 
Sherborne, Dorsetshire, wine merchant. — Robert P. WeaiaUf 
Wellington, Shropshire, surgeon. 

Pamvbsshif Dimoltso. 
Wm. M. Fladgate, Thomaa G. F^nmore, and Robert O- 

Clarke, Craven-st., Strand, Middlesex, attomies and solidton* 
(under the firm of Fladgate, Fynmore, & Clarke, so far «9 
regards Thomaa G, F^fwmore). 

Scotch Sbqubstrations. 
George McLennan Sf Son, Lochgilphead and Glasgow, dis- 
tillers.— Dean Stewart, Glasgow, baker-^FTM. Bett, Lon^- 
forgan, Perthshire, farmer. — Jamea Buchmum 8f San, Gits- 
gow, builders. — Wm. Hamilton, Cambuslang, I<anarkahire, 
toll-keeper. — Hugh Hamilton, Airdrie, brewer. 

INSOLVENT DEBTORS 
Who hone filed their Petitiona in the Court ^ Bankrupiep^ 

and have obtained an Interim Order for Protection firom 

Proceaa. 

Jamea Leyater, Tardebigg, Worceatershire, baker, April 1 7 
at 9, County Court of Worcestershire, at Redditch.— IfArtfrn 
Farr, Breedon, Ipsley, Warwickshire, needle maanhubtUKT, 
April 17 at 9, County Court of Woroeftershire, at Rcdditch, 
— Joaeph Maunder, Tavistock, Devonshire, bntdier, April 17 
at 10, County Court of Devonshire, at Tavistock.— IVcd^rieit 
Gulli/ord, Curry Mallet, Somersetshire, out of busineis, April 
26 at half-past 1, County Court of Somersetshire, at Lugport. 
— Robert Buncombe, Curry Mallet, Somersetddre, fanoer, 
April 26 at 1, County Court of Somersetshire, at Langpovt. 
-^ Daniel Ward, Bruton, Somersetshire, assistant to a iUk 
throwster, April 30 at 12, County Court of Somersetahirev at 
Wincanton. — /. Whitehouae, Moulsham, Chelmsford, Essex, 
ironfounder, April 24 at 12, County Court of Essex, at 
Chelmsford. — George Marahall, Colchester, Essex, dealer in 
tea, April 19 at 12, County Court of Essex, at Colchester. — 
Samuel Jonea, Groffield, Abergavenny, Monmouthabire, car- 
penter, April 19 at 10, County Court of Monmouthshire, at 
Abergavenny. — Robert Cobbing Bell, Ipswich, Suffolk, tailorp 
April 15 at half-past 1, County Court of Suffolk, at Ipawicdi. 
— Wm, N, Seagrave, Ipswich, Suffolk, com chandler, April 
15 at half-past 1, County Court of Suffolk, at Ipswich. — ^, 
Saundera, Ipswich, Suffolk, grocer, April 15 at half-past 1» 
County Court of Suffolk, at Ipswich.— /oAn Brook, Haits. 
head, Dewsbury, Yorkshire, shoemaker, April 16 at 10, 
County Court of Yorkshire, at Halifax. — laaae Baatford^ 
Oldbury, Worcestershire, baker, April 17 at 2, County Court 
of Staffordshire, at Oldbury. — Wm. Fowler, Harbome, Staf- 
fordshire, attorney, April 17 at 2, County Court of StaflTord- 
shire, at Oldbury.— JoAa Havard, Pendre, Cardigan, Cardi- 
ganshire, cabinet maker, April 21 at 10, County Court of 
Cardiganshire, at Cardigan. — Benjamin Dew, Painswick* 
Gloucestershire, fishmonger, April 28 at half-past 10, County 
Court of Gloucestershire, at Stroud. — Samuel Vickera the 
elder, Mansfield, Nottinghamshire, whitesmith, April 7 at 10, 
County Court of Nottinghamshire, at Mansfield. — Edmund 
John Lloyd, Little Britain, London, clerk, April 22 at 10, 
County Court of Montgomeryshire, at Welshpool. 

The following Peraona, who, on their several Petitions filed 
in the Court, have obtained Interim Orderafar Protection, 
from Proceaa, are required to appear in Court aa herein^ 
after mentioned, at the Court-houae, in Portugal -afreet^ 
Lincoln* a Inn, aafollowa, to be examined and dealt with 
according to the Statute: — 

April 16 a# 11, btfore the Cnixr CovMissiONsa. 
W. Smith, Cottenham-road, Grove-road, Upper Holloway, 
Middlesex, out of business. — Stephen Blackleg, New Charlton, 
Kent, painter. — John Henderaon, Windsor-terrace, Vauxhall- 
road, Middlesex, upholsterer. — John Rogera, Titchfield-st., 
Oxford-street, Middlesex, coach sawyer. — Wm. A. Chambers, 
Church-st., Deptford, Kent. 

April 17 at 11, btfore the CHixr CoMMTSSiONBa. 
John Forster the younger, Hatton-wall, Hatton-garden, 
Middlesex, butcher. 



THE JURIST. 



113 



Afrii 19 €t 10, he/ore Mr. Comwn99ioner Law. 
ilM £»««#, Balhaiii-place,Balham-hill, Streatham, Surrey, 
corn cliaodler. — John Pear99 FoMty, Lower Symons-street, 
Cbelaei, Middkeez, chandler- shop keeper.^TAoflnaf Blai«, 
Quea's-road, New-cross, Surrey, grocer. — Frtderick Tkorep 
ffome, Marlboroogh-street, East Greenwich, Kent, baker. — 
ffemy WiUimm TVson, Suffolk-place, Commercial -road East, 
Middlesex, printer. — John Grima, New-road, Whitechapd- 
road, Middlesex, wheelwright. — John Henry Ruthhrioh, 
FeUowa-atreet, North Uaggerstone, Middlesex, commercial 
traTcUer. 

7%e foOowing Priaonen are ordered to he brought up hrfore 
the Comrt^ in Portngal-eireetf to be esamined and dealt 
wUA according to the Statute:— 

Afrii 16 «/ 11. b^are the Chikf CoiiMistiONiK. 
Joaepk John Wild, Pump-row, Old-street-road, Middlesex, 
cabriolet proprietor. — Jamee Banke, Castle-street, Holbom, 
London, stereotyper. — Philip Daviee, Tooley-street, South- 
wark, Surrey, commission agent.— ^mry Franeie Wollaeton, 
Unicm-gTOve, Wandsworth -road, Surrey, secretaiy to the Hall 
of Conuneroe, Tlireadneedle-street, London. 

April 16 a/ 10, before Mr. Commieeionar Law. 
Behaard Lawrence Levp, Doughty-street, Meek!enbni*gh- 
square, 6ray's-inn-road, Middlesex, attomey-at-law.»J2oAerf 
Siehateon Codling, Edgeoombe-terraoe, Bancroft-place, Mile- 
end-niad, Middie»ex, shipowner. — lykomae Roeaetter, Wind* 
BuU-street, Hackney-road, Middlesex, com dealer. — John 
AinritCt Earl-street, Blaokfriars, London, draining engineer. 

April 16 a/ 11, btfere Mr. C^mmiaeianer Phillips. 
WilUmm Thompeon Hunt, Brunswiek-terraoe, Trinity-street, 
Soulhwark, Surrey, gas engineer's clerk. — Jamee King^ Han- 
wsy-strseC, Oxford-street, Middlesex, hair entter. 

April 17 a/ 11, b^ore the Chut Commissionik. 
George Jamea Brown, Victoria-grove, KennJngton, Middle* 
sex, out of business. — Henry Qwring, Hayes, Uxbridge- 
rosdy Middlesex, out of business. 

AprU 17 0/ 10, btfore Mr. Cbmmt«n'oiier Law. 
Atgoumed Caae, 
Wm. Lambert Taylor, Pescock-terraoe, Walworth, Surrey, 
out of business. 

April 19 at U, b^ore Mr. Cownmaahner Phillips. 
John Wellard Procter^ Plnmstead, Kent, fiumer. 

The following Priaonera are ordered to be brought up before 
a Judge of the County Court, to be ejramined and dealt 
with according to the Statute:^ 

At the County Court of Stqffordahire, at Stafpokd, 

April 14 at 10. 
Jaataa Kimberley, Walaall Wood, labourer. 

Ai the County Court of Vorkahire, at Shifpibld, 

April 15 at 12. 
William Deakin, Sheffield, grocer. 

AJ the County Court of Suaaex, at Lewbs, April 20. 
Samuel Phillipa, Brighton, paper hanger. — F)tederick Bde, 
Worthing, cabinet mBker.—Henry Stening, Brighton, butcher. 

Ai the County Court of Gloueeaterahire, at Bristol, 
AprU 21 at 11. 

A^oumed Caae. 
George Bailey, Westbury-upon-Trym, mason. 

At the County Court of Gloueeaierahire, at Gloucestek, 
April 29 at 10. 
John Stevena, Cheltenham, coach builder. 

Iksolvknt Debtor's Diytdbnd. 
Robert Read the younger, Newport, Isle of Wight, tailor. 
Tamer's, 56, St. Martin's-lane, London : 4a. 3d. in the pound. 

Meeting. 
T^iosMs Lane Robert Peirce, Aldersgate-street, London, out 
of business, April 21 at 12, Prall's, Chatham, Kent, sp. aff. 



TUESDAY, Afbzl 6. 

BANKRUPTS. 

HENRY WORMS, Blackfriars-road, Surrey, boot maker, 
dealer and chapman, April 16 and May 14 at 11, Court of 
Bankruptcy, London : Off. Ass. Cannan ; Sols. Lawranoe 
& Co., 14, Old Jewry-duunbers, Old Jewry, London.— 
Petition filed April 2. 

THOMAS BULL, Greenwich, Kent, innkeeper, licensed 
rictualler, dealer and chapman, April 16 at 1 , and May 22 
at 11, Court of Bankruptcy, London: Off. Ass. NidioU 
son : Sols. Cook, Greenwich and Fumival's-inn : M'Leod 
& Cann, 3, Paper-buildings, Temple. — Petition dated 
March 20. 

SAMUEL HAYNES, London-st., Paddington, Middlesex, 
wheelwright, dealer and chapman, April 14 at 2, and May 
14 at 1, Court of Bankruptcy, London : Off. Ass. Stans- 
feld ; Sols. Lawrence & Co., 14, Old Jewry-chambers.^- 
Petition filed AprU 5. 

HENRY NORMAN BARNES, Msrgaretting, Essex, mUk. 
man, dealer and chapman, AprU 17 at half-past 1, and May 
21 at 1, Court of Bankruptcy, London: Off. Ass. Whit- 
more ; Sol. Duffidd, Chelmsford, Essex, and 14, Deron^ 
shire-street, Bishopsgate, London.— Petition filed AprU 1. 

ISAAC TIMMINS, Dudley, Worcestershire, chartermaster, 
innkeeper, dealer and chapman, April 17 and May 8 at 
half.paat 10, District Court of Bankruptcy, Birmingham : 
Off. Ass. Valpy ; Sol. Boddington, Dudley.— Petition dated 
April 2. 

WILLIAM WILLIAMS, Pentwyn Goljnos and Pontnewy- 
nydd, Monmouthshire, iron manufacturer, dealer and chap, 
man, (trading under the firm of William WUliams & Co.), 
April 20 and May 18 at 11, District Court of Bankruptcy, 
Bristol : Off. Ass. HuUon ; Sol. Bevan, BristoL-^Petition 
filed April 3. 

JOHN MITCHELL and EDWARD CLARKSON, Hor- 
ton, Bradford, Yorkahire, worsted spinners, April 22 and 
May 28 at 11, District Court of Bankruptcy, Leeds: Off. 
Ass. Young; Sols. Northwood, Bradford; Courtenay & 
Compton, Leeds.— Petition dated and filed March 27. 

GEORGE CHADWICK, Leeds, Yorkshire, grocer, dealer 
and chapman, April 20 at 12, and May 10 at 11, District 
Court of Bankruptcy, Leeds : Off. Ass. Hope ; Sol. Upton, 
Leeds. — Petition dated April 1. 

THOMAS WOOD, Northwich, Cheahire, grocer and flour 
dealer, dealer and chapman, April 16 and May 13 at 11, 
District Court of Bankruptcy, Liverpool : Off. Ass. Turner ; 
Sols. Holt & Rowe, Liverpool. — Petition filed March 29. 

Mbetinos. 
Edward T, Leeming, Manchester, hosier, April 19 at 12, 
District Court of Bankruptcy, Manchester, pr. d. — Simon A, 
Kiach, Bedford-st., Covent-garden, Middlesex, tailor, April 16 
at 11, Court of Bankruptcy, London, hist ex. — Richard BiU 
ling the elder and Richard Billing the younger, Reading, 
Berkshire, brickmakers, April 16 at 11, Court of Bankruptcy, 
London, last ex. — W. Houaton, St. James's-terrace, Harrow- 
road, Paddington, Middlesex, buUder, AprU 17 at 12, Court 
of Bankruptcy, London, aud. ac. — Jamea Ferry Silby, Poole, 
timber merchant, April 17 at 11, Court of Bankruptcy, Lon- 
don, aud. ac. — Richard N. Reeve, Newgate-street, London, 
woollendraper, April 17 at 11, Court of Bankruptcy, London, 
aud. ae. — l^omaa Pope, Kidbrooke, near Blackheath, Kent, 
oowkeeper, AprU 17 at 11, Court of Bankruptcy, London, 
aud. ac. — Chariea Bunyard, Mark- lane, London, seedsman, 
April 17 at half-past 11, Court of Bankruptcy, London, aud. 
ac. — John Cook, Assembly. row, MUe-end-road, Middlesex, 
boUder, April 16 at 2, Court of Bankruptcy, London, aud. 
ac. — John Barlow, Wenlock Iron Wharf, Wharf-road, City- 
road, Middlesex, engineer, April 17 at 1, Court of Bank- 
ruptcy, London, aud. ac. — George Frederick Gardener^ 
Rayleigh, Essex, grocer, April 17 at 1, Court of Bankruptcy, 
London, aud. ac. — John MarahaU, Southampton, coal mer- 
chant, April 17 at 12, Court of Bankraptcy, London, aud. ac. 
— James Bate, New Windsor, Berkshire, buUder, April 17 at 
11, Court of Bankruptcy, London, aud. ac. — John Elliott ^ 
Chichester, Sussex, bnUder, AprU 16 at 2, Court of Bank- 
ruptcy, London, aud. ac. — Joaeph Hall, Hopend, Cradley, 
Herefordshire, farmer, April 17 at half-past 10, District Court 
of Bankruptcy, Birmingnam, aud. ac. — Edw. Ashton, King- 
ston-upon-HuU, wooUendraper, AprU 21 at 12, District Court 



114 



THE JURIST. 



of Bankniptcy, KingfUm-apov-Hnll, and. ac.; May 5 at 12, 
diT. — John Forman and Robert Prow, Kingfton-npon-Hull, 
joinen, April 21 at 12, District Court of Banlcniptcy, King- 
aton-npon.Hallf aod. ac.; Maj 26 at 12, lint and iSn. div.—- 
Jokm Lane, High-st., Marykbone, Middkaez, tailor, April 24 
at 2, Court of Bai^miptoy, London, dir.— JSmry iUeiUnf 
HoUowaf, Byde, Isle of Wight, Sontliainptoii, boolneller, 
April 24 at ludf-past 1, Court of Bankruptcy, London, dir. — 
Jompk JYaitt fiemers-it., Ozford-sL, Middlesex, plnmbtr, 
April 29 at 11, Coort of Bankraptoy, London, dir. — Michael 
Common, North Shields, Northnmberland, drmr, Aprfl 29 at 
htlf-past 12, District Court of Bankraptcy, Newoastlc-upon- 
lyne, diy.~-(F. KendaU and J. Siandieh, Leeds, Yorkshire, 
grocers, April 29 at 11, District Court of Bsnkruptcy, Leeds, 
dhr.sep. est. of/. 8iandieh.^W, Cola, Birkenhead, Cheshire, 
estate agent, April 27 at 11, District Court of Bankruptcy, 
liverpool, div.— £c(i9. Wilkmaon and Thoe. Bantlay, lirer- 
pool, tailors, April 27 at 11, District Court of Bankruptcy, 
Liferpool, div.— Gsor^ff Pryde, David Jamaa, wad John Oibb, 
liTerpool, sail makers, April 28 at 11, District Court of Bank- 
raptcyi liverpool, dir. sep. est. of G. Prpda, 

CiRTIFIOATKS. 

3b be allowed, unleet Cauee be shewn to the contrary on or 
b^ore the Day qf Meeting, 
Charlee John (and not Jamae^ as before advertised) Powelh 
Kingston, Surrey, draper, April 26 at 1 , Court of Bankruptcy* 
London.— J7«nry Broome, Haymarket, Middlesez, TictoaUert 
April 27 at 1, Court of Bankruptcy, London. — Wm, Walker 
and Stephen Webb, Oxford-street, St Marylebone, Middlesex, 
Lidia rubber warehousemen, April 30 at half-past 11, Court of 
Bankruptcy, London.— VosJoA Broehwell, Old Broad-street, 
London, merchant, April 30 at half-past 12, Court of Bank- 
ruptcy, London. — Wm. Laelett, Houson, A^-next-Sandwich, 
Kent, dealer in hay, April 30 at half-past 11, Court of Bank- 
nq>tey, London. — George Harrkon, Mth-st, Soho-sqnam, 
Middlesex, ironmonger, April 28 at 12, Court of Bankruptcy, 
LcmdoB. — William Hartridge, Milton-next-Sittingboume, 
Kent, draper, April 29 at 1, Court of Bankruptcy, Lmidon. — 
John Bartlett, Upper Thames-street, London, wine merchant, 
April 29 at 2, Court of Bankruptcy, London.— T^loe. Arnold, 
Bunore, Glouoestershire, timber dealer. May 5 at 11, District 
Court of Bankruptcy, Bristol. — John 8. Ward, Bruton, So- 
mersetBhire, silk throwster, April 28 at 12, District Court of 
Bankruptcy, Bristol.— fi^. Wileon, Nottinriiam, hotel keeper, 
April 30 at half-past 10, District Court of Bankruptcy, Not- 
tingham.— IFi//iam HotMHns, Heage, Derbyshire, seedsman, 
April 30 at half-past 10, District Court of Bankruptcy, Not- 
tingham. 

To be granted, wdeee an Apfeai he duly entered, 
JametBoxall, Brighton, Sussex, ooachmaker.— lionets X. 
Hewlett, Leyton, Esmx, cowkeeper.*-PAt/ip Phillipe, Crow- 
land, Holland, liooolnshire, common brewer. — Wm. Bdward 
Johnaon, New-wharf, Little Abingdon-street, Westminster, 
Middlesex, ooal merchant. — RandalAeree the younger, Pncke* 
ridge, Bronghing, Hertfordshire, innkeeper.— G. ChadfiM, 
Bfandiester, plasterer. — JSdvord Tlns^, Cradley Heath, 
Bowley Regis, Staffordshire, cooper.— JPVwicis Tandy, Stour- 
bridge, Worcestershire, and Brierley-hiU, Staibrdshire, iron- 
monger. 

PAUTNBnaHIP DiUOLTBD. 

/. £. C. fffueham and Robert B. Jadteon, Linooln's-]n»- 
fields, Middlesex, solidtors. 

Scotch SnavsiniATioira. 

Charlee Williameon, Leith, spirit dealer.—/. W. Campbell, 
Edinburgh, jeweller. — Hugh L. Wileon, Glsagow, merchant. 
-■^Charlee M'Swan, Glasgow, muslin manufacturer.— /ame# 
M'Intyre, Perth, painter. 

INSOLVENT DEBTORS 
Who have filed their Petitione in the Court f^ Banhmptey, 

mul have obtained an Interim Order for Protection /hm 

Proeeee. 

Joeiah Riddington, CoTcntry, Warwickshire, writing clerk, 
April 22 at 12, County Court of Warwiekshire, at Coventiy.- 
Jamee Thorpe, Peaseholme, Yorkshire, combmaker, April 26 
at 10, County Court of Yorkshire, at York Castle.— SteAor J 
Blgie, Selby, Yorkshire, shoemaker, April 15 at 10, County 
Court of Yorkshire, at Selby.— David /ones, Pianllwyd, Llan- 
gerelach, Glamorganshire, out of buslneas, April 14 at 10, 



County Court of Glamorganshire, at Neath.— H. CheSUcov^ 
the younger, Swansea, Gtamofganafaire, asihasker, Ajiril 15 at 

10, County Court of Gkmoigansliire, at 8wanset.~Pe<er & 
WUkhaon, Sdbr, Yorkshire, fsrrier, AprO 15 at 10, Coagtr 
Court of Yorkshire, at Sdby.— /sue JBar^car, widow, Think, 
Yorkshire, grocer, April 20 at half-past 10, County Cout of 
Yorkshire, at Thirsk.— ito^erf Tavemcr, Enter, biker, Apd 
10 at 10, County Court of Deronshire, at Exeter.— M. Bwpo, 
South Wonibrd, Heavitree, Deronshire, out of borineti, April 
10 at 10, Counly Court of Deronshire, at Exeter.—fT. Sm&y 
Exeter, lly proprietor, April 10 at 10, County Court of Derail, 
shire, at Exeter. — Thomae Tyler, St. Thomas the Apoidi, 
Deronshfare, out of business, April 10 at 10, Countj Coutof 
Deronshire, at Exeter.-VoilA William*, Bontnewydd, Un. 
beblig, Carnarvonshire, farmer, April 26 at 10, County Coot 
of Carnarvonshire, at Canaarron.^-Jamst FUtdicr, Wote^ 
Bank Foot, near Bradford, Yorkshire, innkeeper, April 20 it 

11, County Court of Yorkshire, at Bradford.— /oAa Ifsr^ 
little Horton, Bradford, Yorkshire^ cabinet maker, Aprils 
at 11, County Court of Yorkshire, at Bradford.— JBdwirrf 
Nightingale^ Horaley-heath, Tipton, Staffordshire, batcher, 
April 16 at 12, County Court of Worcestershire, at Dndky. 
— Amifff/ Allen, Elmbridge, Worcestershire, bailiff, April 
27 at 10, County Court of Worcestershire, at OroitwicL- 
TlouMW Smith, Haverfordwest, waiter, April 23 at 10, Coostj 
Court of Pembrokeshire, at Haverfordwest.— Snbomst Am 
Palmer^ Gelliswick, Hubberstone, Pembrokeshire, gsatleniii, 
April 23 at 10, Comity Court of Pembrokeshire, st Haiofori. 
west. — Richard Bmrkinehaw, Sheflfield, Yorkshire, eoBuser* 
dal accountant, April 15 at 12, County Court of Toibbin, 
at Sheffield.— TFt7/tam Holmee the younger, Sheffield, York. 
shiro, saddler, April 15 at 12, County Court of Yorlihire, at 
SheiBeld. — Bei^'aaitii JIvnf, Wem, Shropshire, TBtetimiy 
surgeon, April 19 at 12, County Court of Shropshirs, at Weu. 
"Jamee Meikle, Manchester, joiner, April 16 at 2, Coontr 
Court of Lancashire, at Manchester. — Geor^f Stwrt tiie 
younger, Famborough, Hampshire, wheelwright, April 21 at 
11, County Court of Surrey, at Parnham.— fiisiiiafe/^nitoi, 
UtHttgton, Cambridgeshire, com factor, April 19 at 2, Conptj 
Court of Hertfordshire, at Royston.— JS'oiinief Carter, Eititb, 
Huntingdonshire, corn and coal merchant, April 22 at 10, 
County Court of Huntingdonshire, at Huntingdon.— /oh 
Timmis, Wolverhampton, Staffordshire, bricklayer, April 20 
at 12, County Court of Staffoidshire, at WtriveriumpCon.- 
John Bdwarde, Bilston, Wolverhampton, Staffbrdahiiv, cff- 
poiter, April 20 at 12, County Coort of Staffordibire, at 
Wolverhampton. — William Underwood, KinFare, Stafford- 
shire, blacksmith, April 20 at 12, County Court of SufSordalme, 
at Wolverhampton.— n/os^A Greavee, Bilston, Staffordihirs, 
plumber, April 20 at 12, County Court of Staffordihire, it 
Wolverhampton. — Joseph Hands, Longford, near Coreuti;, 
Warwickshire, ribbon manufacturer, April 22 at 12, County 
Court of Warwickshire, at Coventry. — William Tbe»s»i 
Bristol, out of business, April 14 at 11, County Coort of 
Gloucestenhire, at Bristol. 

The following Pereone, who, on their eevoral Petitiaasfid a 
the Court, have obtained Interim Orders for Protedin 
from Proeeee, are required to appear in Court es ierm- 
after mentioned, at the Court-house, in Portugal-strtfi, 
Lineoln'e Inn, ae followe, to be esnminad and deeUmlh 
according to the Statute : — 

April 21 at II, before the Cnnv CoMmaaioim. 
Jamm Collier MilUtt, Cross-keysHiquare, St Msrtin'a-k- 

Grand, London, out of business. 

April 21 at 10, b^e Mr. Commieeioner Law. 
John Pulker, Croydon, Surrey, grocer. 

April 21 at II, btfore Mr. Commissioner Phillips. 
Oeorge William Sedgwick, Henry-street, Crywell-roai, 
Brixton, Surrey, clerk in the Inland-office of the General Poit- 
office, St. Martin's-le-Grand, London. — Oeorge BoMdn 
Pix, Bouverie-street, Pleet-street, London, derk in s genenl 
merehant's office. — Maria Maedonald, widow, Burton-stit^ 
Eaton-square, Middlesex, of no trade. 

Saturday, April 3. 
The following Assignees have been appointed. Farther pet' 
tieulars may be learned at the Oflce, in Porlvgel'it., 
lAncoMs^inn-fields, on giving the Number nfthe (Mse. 
WaUer Whitehead, Chatham, Kent, saddler, No. 62,574 T.; 



THE JURIST. 



lis 



Thomas Archery asdgnee.— Bortfrifp Crump, Dover, Kent, 
ooaeh proprietor, No. 74»532 C. ; Richard Fonrood, aaognee. 
-^Bkkard Mntrff BmrdiH^, Leeds, Yorkshire, froiterer. No. 
74,742 a; BenjaMiii Wrigglesworth and Robert SauthaoQ, 



Ss/iirtfiy, 4^ 3. 

Ordtn htne hten madt, viiiing in the Prmniumal AMiigmH 
Mo MiUifamdMfseiM o/ikt/oUowing Penom.-^ 

C0» their owm PntUitmO- 
WUHam TkoM, Wi$e, Ponsonbj-place, Pimlieo, Middlesex, 
■hopmaker : in the Debtors Prison for London and Middlesex. 
-—Pmtriei Biordm, Cross-street, Hatton-wden, Middlesex, 
importer and purifier of bed feathers : in the Debtors Prison 
tbr London and Middlesex.— /or^A Dobhe Wildtmith, Great 
College-street, Camden-town, Middlesex, train-bearer to Lord 
Justice Knight Arnoe : in the Debtors Prison lor London and 
Middlesex. ^«feAti Maeartmiy N^iem, St. Alban's-terrace, 
Kennington^road, Lambeth, Surrey, surgeon : in the Queen's 
Printi. — John Goi^rejfj Upper Islington-terraoe, Bernsbory, 
MiddleKx, cattle salesman : in the Debtors Prison for London 
and Mid^Qeaex. — Jamn Hartley, Earl-street, Blackfiriars, 
Lcmdoo, tftoniey-at-law : in the Debtors Prison for London 
and Midd]esex.~J«eA<ir<f VMtere Phiifyot, Great BeU-allej, 
Mooigate-street, London, seijeant-at^mace to the Sberiilk of 
Londoii : in the Debtors Prison for London and Middlesex. 
—Fiancee Oeturgitma Barrow^ widow, Qaeen's>Bq[08fe, West- 
Bunater, Ifiddlesez, lodging-haose keefer : in the Debtors 
Friaon for London and Middlesex.— £AMrd A-oactt Weod, 
Wri^tVhiri Wings, Spa-road, Bermondsej, Snrrey, foreman 
to a dost contractor : in the Queen's Prison.— ^SiureBaniiii/er, 
Townshend-road, St. John's-wood, MiddQesex, barristaro*. 
law: in the Debtors Prison for London and Middlesex. — 
JttcAoni Tla«M» Pe^e^ Foster-street, Son-stroat, Bishops- 
gate, London, wine merchant: in the Debtors Prison for 
London and Middlesex.— JZo^er/ Curtte, Luard-street, Cale- 
dnniiiii-road, Islington, Middlesex, shoemaker : in the Debtors 
Prison for London and Middlesex.^J'ismes Bimonde, Brewer- 
street, Somen-town, Middlesex, dieesemonger : in the Di^tors 
Prison for London and Middlesex.— £o6«r4 WilUam Oiifett, 
Deptford-gncn, Deptford, Kent, carpenter: in the Debtors 
Aiaon for London and Middlesex.— /oAn Neleom White, 
teeen-sqaare, Bloomsbnry, Middlesex, builder: in the Queen's 
Prison. — /omeff Paris, Stanhope-street, Hempstead- road, 
MkHHfsrnr, harp decorator : in the Debtors Prison for London 
and Middlesex.— Zmmc Gahriel Cbita, Plununer's-row, White- 
chapel-road, Middlesex, provision dealer: in the Debtors 
Prison for London and Middlesex. 

rOn Creditor'e PeHtkm). 
ffUSom Ctarke, Nine-elms, Vanxhall, Suzrey* proprietor 
of the Nine-elms ^ Sawmills : in the Gaol of Horsemonger- 



fOm their own PetUtmuJ. 

Maaieif JMeon, Morley, near Leeds, Yorkshire, grocev: 
in the Gaol of York.— T^oMot Fuamley, Leeds, Yorinhin^ 
Kniwi'nl TictMHer; in the Gaol of York.— Geotye Garhutt, 
Stockton-on-Tees, Durham, brewer : in the Gaol of Durham. 

r— (IS itoMis, South Pethertoni Somersetshire, bsker : in 
the GmI of Wilton.— Jio^srf JUnne, Red Hall Farm, near 
F^arry-MO, Durham, form bailiff: in the Gaol of Durham. — 
Mtiehard Dranefield, Hnddersfield, Yorkshire, woolstapler : in 
the Gaol of York.---CAot. Jarvie the elder, Birmingham, out 
of business : in the Gaol of CoTentry.— Jabeg WoodhiB, 
Birmingham, butcher: in the Gaol of Coventry. — Edward 
WiSieame, Uverpool, commisrion coal dealer: in the Gaol of 
Lancaster.— JKcfeird Verbury, Burford, Oxfordddre, eheodst : 
in the Gaol of Oxford. — John Meteer Adame, Fennv Strat- 
ford, Buckinghamshire, farmer : in the Gaol of Aylesbury.— 
John Samuel Hawthorne, Leeds, YoriEshire, joiner : in the 
Gr«0l of York.— FFiN. Rai/net, Hnddersfield, Yorkshire, boot 
maker : in the Gaol of York.— ii^ed Tyler, Nottingham, 
wstdimaker: in the Gaol of Nottingham. — Samuel Warren 
HemeU, Oxford, tailor's foreman : in the Gaol of Oxford.— 
CSftos. Hen. Braithwaite, Leeds, Yorkshire, botcher : in the 
Gaol of York.— Bsim'. WHeon, Leeds, Yorkshire, dealer m 
hny : in the Gaol of York. — Henry Stening, Brighton, Sua- 
sex, butcher : in the Gaol of Lewes. — John Oough, Combe 
Down, near Bath, Somersetshire, glszier: in the Gaol of 
'Wilton.— rilet. Stean Armetrony, Seaham Harbour, Dnr> 
a, joiner : in the Gaol of Durliam.— Hen. BatHnyer, War- 



wick, lioensed victualler : in the Gaol of Warwick. — Samu^ 
Bleworth, Little Horton, near Bradford, Yorkshire, provision 
dealer: in the Gaol of York.— 2%omas Cowyill, Bradford, 
Yorkshire, grocer: in the Gaol of York.— iZtdlorif Jte, 
Derby, com dealer : in tiie Gaol of Derby.— i7«itr|r /oust, 
Tannton, Somflraetsfairo, pensioner: in the Gaol of Wilton.— • 
/oAn /oAiiioii, Ashton-under-Lyne, Lancashire, fod»ry ope- 
rative : in the Gaol of Lancaster. — Bfflee Qreen, Welliiigton, 
Shropshire, taikur: in the Gaol of Shiewsbury. — Domel 
Brearley, Brsdford, Yorkslitre, worsted mannfactnrer: in te 
Gaol of York.— JZ. WUeon, Wakefield, Yorkshu^ batcher : 
in the Gaol of York. — SiOert Heath, Leeds, Yorkshire, 
mniBn maker : in Hie Gaol of York.— ifftmon Wolf, Liver* 
pool, surgeon : in tte Gaol of Lancaster. — Wm, Hodyeon, 
Lancaster, bntdher : in the Gaol of Lancaster. — FredeHck 
Haywood, Newcastle-npon-TjFiiet auctioneer : in the Graol (^ 
Newoastle-upeii-Tyne.— i/sff. JdUffe, Bowchnrch, near Vent- 
nor. Isle of Wight, Southampton, painter: in the Gaol of 
Winchester.— David Cbt, Ipewich, Suffolk, haberdasher: hi 
the Gad of Suffolk.— FT. Dale, Hnlme, Manchester, licensed 
victualler : in the Gaol of Lancaster.— Pefer Jonee, Manches- 
ter, brush maker: in the Gaol of Lancaster. — Thwreien 
Sfimpeamf Waokpocd, fjinwuihiru, gnoer: in tiie Gaol of 
Lancaster. 

(Vn Ore&or'e PetiHonJ. 
John Crqft, Clifton, Bristol, gentleman: in the Gaol of 
Flsherton, WBts. 

The/ollowiny Prieoners are ordered to be brouyht t^ btfore 
the Court, in Portmyaimotreet, to bo examined aid dealt 
with aeeording to the Statutes'^ 

April 21 of 11, before the Chixf CoMMistiONsm. 

Jamee Forge, Montpeiier-row, Brompton, Middlesex, 
jobbing upholsterer. — JbAit Oeorye Hutehintonf Edmund's- 
place, Aloersgate-st., London, dook maker. 

AprUSl at 10, b^fitre Mr, Oeamnieeioner Li^w. 

Wm. TYeadwin WeSb, Hall-st, City-road, Middlesex, oat 
of busmess.— /oAn Waitoon, Grove Cottage, Grove-laae, 
Camberwell, Surrey, out of busincsa. — Wnt^ Taylor, Upper 
Whitecroas^., St. Lake's, Middlases, shopman to a oheeM- 
monger. 

AprU 22 at 11, bqf&re Mr, Ootumieeioner PnuiPt. 

Oeorye Boon, Tottenham-couft-rood, Middlesex, out of 
bushMss.— /oei^ Dobbe WUdemith, Great CoUege-straet, 
Camden-town, ^ddlesex, train-bearer and usher of the Court 
to Lord Justice Knight Bruoe.— ^o^ Wm. Oddy, RonpeOr 
St, Comwsn-roody Laaabeth, Sumy, ont of bnsinesi. 

The following P t kaneve are ordered to be brought up brfore 
a Judge ^f the County Court, to be examined and dmU 
with aeeording to the AOfn/e.— 

At the County Court qf Warwiehehire, at WabwioKp 
.4prtl20o/10. 

Henry Ballinger, Warwick, licensed victualler. 

At the County Court (/ Someroetehire, at TAusraotr, 
April2U 

Jamee JZoUns, South PeCherton, baker. — Henry JbneOf 
Tknnton, out of bosboss. — ^ /oAn Oomght Combe Down, 
Monckton Combe, near Bath, painter. 

Ai the Couniy Court of WarwiekeMref at CovBimT, 
4pri/ 22 a# 12. 

Bdward Mogridgot Birmingham, leather seller.— TTt/Ztoai 
Lewie, Bfarmingham, milkman.— Js^ex Woodhill, Birmingham, 
butcher. — Bdw, Pinder the younger, Birmingham, builder.— 
Richard Chhm the younger, Knowie, ont of business. 

At the County Court qf Breeknoehehiref at Breckitock 
JIbyS. 

Jamee Jonee, Gwemyfodbeh, Tdgarth, farm labourer. 



Mastbr lai Ohahchrt.— The Loxd Chancellor haa 
appointed WilUam Henzj Emmet, of Leeds, G«it., 
to be a Master Extraorainary in the Higli Cooit 
of Chanoeiy. 



116 



THE JURIST. 



LXW. — WANTED, by a Gentleman of considerable 
neno«, an ENGAGEMENT «s MANAGING CONVEYANClVO 
CLERK, in town or countnr, «ither with or wtthont tho tnperintendenee 
of tbo piindpaL Appiv, by latter, to O. W., can of Mr. Blenkan, 
Law Bookaeller, 29, Boll-y ard, Lincoln's- ian. 

CLERKSHIP.— A Gentleman, who now oondnets the oon- 
vnancittg )>utineM of an olBoe of exteuiro prtctioo in tho North 
of England, is desirona of meeting with a SITUATION to CONDUCT 
the CONVEYANCING or the general Bnainesa of a retpecUble 
Country Office. Salary not legs than £100 per annouL Addreas, by 
letter, to Mr. A. B. , Post*offlce, Bnry, Lancaahire. 

HEADLAM'S TRUSTEE ACT, 1850.— Sbcoxd Edxtxox. 
Just poblidied, 

THE TRUSTEE ACT, 1850, with an Introdnetion, Notei, 
and an Index. By T. B. HEADLAM, Esq., M.P., one of her 
Maiesty's Counsel. Second Edition, with the Cases decided upon the 
Act to the present time. To which aio added the TRUSTEE RELIEF 
ACTS, with the GENERAL ORDERS and CASES. 

Stevens 8c Norton, 26, Bell-yard, LinoolnVinn^ 



"""" LUDLOW'S WINDING-UP ACTS. 

In 12mo., price 14#. boazds, 

THE WINDING-UP ACTS, 1843, 1849; with Introdnc- 
tion. Notes, Practical Directions, Notes of Cases, and an Appendix 
of Forms osed in the Winding-up Joint-stock Companies. By J. M. 
LUDLOW, Esq., Barrister at Law. 

. •«« The Winding-up Amendment Act, 1M9, may be had teparataly, 
price 7«. boards. 

** This work, OS fiir as we are able to Jndga^ appears well and care/tally 
gat up. Mr. Ludlow has eridently taken great pains with the notes."— 
Law MoMMimet No. 22. 

Steve ns ft Norton, 16, Bell-yard, LJncoln's-inn. 

SIR £. SUGDEN'S WORK ON THE REAL PROPERTY 

STATUTES. 

Just published, in I vol. Svo., price 16f. cloth boards, 

AN ESSAY on the NEW STATUTES reUting to Limita- 
tions of Time, EsUtea Tail, Dower, Descent, Operation of Deeds, 
Merger of Attendant Terms, Defective Executions of Powers of Leasing, 
Wills, Trustees, and Mortgagees. By Sir EDWARD SUGDEN. 
8. Sweet,,!, Chaneeiy-lane. 
Of whom may be had, 
SIR EDWARD SUGDEN'S TREATISE ON POWERS. 
In 2 vols, royal Svo., price 21. in boards, 
A PRACTICAL TREATISE on POWERS. By the 
Ri^t Hon. Sir EDWARD SUGDEN. The Seventh Edition. 
In 1 Tol. royal 8vo., price II. 1I«. 64. cloth boards, 
A TREATISE on the LAW of PROPERTY, aa adminia- 
tered by the HOUSE of LORDS. With an Xatrodactory Chapter 
on the Jurisdiction of tho Haase of Lovds. Ry the Right Hon. Sir 
EDWARD SUGDEN. 

JARMAN & BYTHEWOOIVS CONVEYANCING. 

Royal Svo., Yd. XI, oonta}alag tha TlUe " WILLS," 

by G. SWEET ft A. BISSET, Bsqrs., price II. I2«. boards. 

A SK'BCriON of PRECEDENTS from modan Maanaolnt C61- 

mona and Drafts of actuid Pmcaee, forming a System of Convay- 



•ndag; with Dissertations and Practical Notes. By the late W. M. 
BYTHEWOOD, Esq., continued and completed by THOMAS JAR- 
HAN. Esq., of the Middle Temple, Banister at Law. The Tldrd 
EdiUon, voryooaaidarably enlaigtd, by GEORGE SWEET, Baq., Bai^ 
rister at Law. 

In 1 vol. royal Svo., priea IS*, eloth beards, 

A SUPPLEMENT to JARMAN ft BYTHEWOOD'S 
CONVEYANCING, Title *' Pnrchaae-deods;" eootainlng the recent 
Statutes lalatiag to tha Praotloe of Conveyancing, including the 
Trustee Aet, ISftO, the Stamp Act, and the Attendant Terms Act. 
With a Summary of the Stamp Laws, Precedents of Conditions of Sale, 
copious Notes, and an Index. By GEORGE SWEET, Esq., of the 
lUMtr Temple, Barrister at Law. 

In one volume, piioe II. 1#. cloth boards, 

MR. SERJEANT BYLBS'S TRBATISE on BILLS of 

EXCHANGE.— A Treatise oa- the LaW of Bills of Exchange, Pro- 

mtisorr Notes* Bank Notes, Bankers' Cash Notes, and Cheques. 

TbTsixth eSUou. By JOHN BARNARD BYLES, Seijeant at Law. 

CHITTY, JUN., ON CONTRACTS. 

In one thick vol. royal Svo., price 11. lis. 6il. doth boards, 

A PRACTICAL TREATISE on the LAW of CON- 
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to Actions theieoB. By JOSEPH CHITTY, Jun., Esq. The Fourth 
SdiUMJby J. A. RUSSELL, B.A., of Gray's inn. Barrister at Law. 
LAW OF PERSONAL PROPERTY. 

PRINCIPLES of the LAW of PERSONAL PROPERTY; 
intended for the Use of Students la Caaveyandna. By JOSHUA WIL- 
LIAMS, Eaq., of Lincoln's-inn, Baniiter at Law. In 1 vol. 8vo., 
nrioe 14s. boards. 

In 1 Td. Itmo., price 7«. 64. doth boards, 

A PRACTICAL TREATISE on the LAW conoenifaig 
HORSES. RACING^ WAGERS, and GAMING. With an Appendix. 
By a H. HEWIT OLIPHANT, B.A., Esq., of the Inner toaple, 
Baniatar at Law. .^ 

Buvina. Selling, Exchanging; Unsoundness, Vice, Warranty, False 
limmntetlonTAucUcmsaa^^ the Privileges andLiabUi- 

SSat Innkeepers, Livecy-steble Keepers, Farriers, Trdners, ftc.; 
BUringandBorJowingHorses^egligeot Driving; the Rule of the Road, 
ndfteanass in Hunting. The present Stote of the Law of Radng, 
Wtfers andOami&g. Also a few unreported cases; the Statutes to the 
ptuent'Timt; with aome MiscalUnaoas lafenaation. 



TILSLEY ON THE STAMP LAWS.— Sacoaa Ernnov. 
With the Act 13 ft 14 Viet. c. 97, aad New Tables of Dutica. 

ATRE.\TISE on the STAMP LAWS, heiog an Analytical 
Digest of all the Stotates aad Caaes relating to Stamp I>aties, 
with Practicd Remarks theraoa; together dso with Tables of all the 
Stamp Duties payable in the United Ktnjtnn after the 10th October, 
1850, and of former Duties, ftc. By H00H TILSLEY. Asaistaat 
Solidtor of Inland Revenue. Second Edition, with Supplement. In 
8vo., price 1/. 8«. boards. 

** This is aa extremely usefiil and wdUedMad book, well known to the 
Profeesioo, and much esteemed by It.**— Ltm Mmgatiue. 

** The cases are well suted and acutely eritfdsed. But this is not all; 
the book is complete, and admirably arranged fer refeasDOs; aad tltcee 
merits we place to the credit of its offldd ongta. It is a perfect working 
book of reference, and bean internal evidence of havii^ been orlgiaaBy 
compiled, as the author says, for the use of hlBMelf and those associated 
with hhn in his olBcid duties."— TAt JwiM. 

"This Treatise on the Stamp Laws has takes its place in the law 
library as the standard authority on the very dlfflcult but important 
subject to which it is devoted."— £aw Tiwtm, 

Stevens and Nortaa, 26, BeUi^acd, CiacalnVlaa. 

Of whom umr he had, iiitairtly pabHshed, 

Second.Edition. in Itno., prios 8#.6tf. boaids, 

SMITH'S MANUAL of EQUITY JURISPRUDEKCB. 
— A Manual of Equity Jurisprudence^ as administered in Eacland, 
founded on Story's Commentaries, and cooaprisiog, in a small oompass, 
the Pointe of Equity usually occurring in Chancery and Convi 
and ia the Generd Practice of a SoBdtor. By JOSIAH W. 
B.CX., of Lincoln's-inn, Barrlaler at Law. Second Edition. 

*' A Manud cspecidly adapted to the exigencies of a solidtor'a prae- 
ttoe.''-7«H«l, No. 465. 

MITPORD ON PLEADING. 
Fifth Edition, In royd Svo., price 1/. Is. haaida, 

A TREATISE on PLEADINGS in 8UCTS in the 
COURT of CHANCERY by Baatoh B'dl. By JOHN MITPORD. 
Esq. (the late LORD REDESDALE). The Fifth Edition, eoamriaSiw 
a Larae Body of Additional Notea, bv JOSIAH W. SMITH, B.C.X,., of 
Lincoln's-inn, Barrister at Law, Editor of Fsame's CoatiafeBt Be- 
mainders, and Author of a Treatise on Executory Interesta; 
Prion 21#. cloth, 

DAX'S COSTS. — The NEW BOOK of COflTB te 
tha Superior Courtt of Common Law at Westminster; also HsBiuni6|> 
and Cooveyandng. By EDWARD THOMAS DAX, of the Sxchequcr 
Office, Gentleman. 



LOANS IN CONNEXION WITH LIFE ASSURANCE. 

PELICAN LIFE INSURANCE COMPAKY. 
Esteblished in 1797. 
NOTICE.— The Directors are prepared to receive PR0P06AX.S for 
LOANS on APPROVED SECURITY, in sums of not less than J&509, 
oonnledwidi oaa or man PoUdes of Insurance to be eflbctad ia the 
Pdioaa Office. AppUoatioBa to be made to the Secretary, at tho Chief 
Office of die Company, No. 70, Lombard-street. 



E^ 



lUITY and LAW LIFE ASSURANCE SOCIBTY, 

No. M, Unoda's-inn-ildds, Loadaa. 
xaosTUs. 
The Right Hon. Lord Monteagle. I The Hon. Mr. Joatiee Eda. 
The Riipit Hon. Lord Ctanworth. | Nassau W. Senior, Esq., Maatar 
The Right Hon. the Lord ChStf I in Chaaeeiy. 

Baron. Charles Purton Cooper, Esq., Q. C, 

The Hon. Mr. Justice Coleridge. | LL.D.,F.R.S. 
Geoiga Capron, Baq. 

The Businees and Interest of the Etonian Assuraaoe CompaBj hare 
been transferred to this Society. 

PoUdes in this Office are indisputeble, eaeept in cases of ftaad. 

Pataons who have been seen by a Medical Officer of the Sodety are 
not raquirad to appear before the Directors. 

**Fiae PoUdes^ are issued at a small laeraaaed rata of pRadum, 
whidi remain in force dthoogh the Life asaured nuy go to any part of 
the world. 

PoUeies do aot become vdd by the Life asanred goiag bef J the 
praseribed Umiu, so far at regards the iataiest of Third Paroea, pro- 
dded they pay the additiond Premium so soon as the feet oomos la 
their knowledge. 

Parties assuring within Six Months of their last Birthday an al- 
lowed a diminution of Half>a-year in the rieaiiiiin. 

The Tables areespedally favourable to yoang and middle-aged Liee^ 
and the limits diowed to the Assured, without extra chazge, are a»- 
usudly extensive. 

Eighty per Cent, of the Proflfii ate divided at the eid of every Rew 
Tears among the Assured. At the flist division, to the end of 1M9, the 
addition to the amount assured averaged above 501. per Cent, on tha 
Premiums pdd. 

^0* The usual Commission allowed. 



its pundual delivery in London, or iu bdng forwarded aa the evenna^ 
of puhlieation, through the medium of the Post Office, to tkaCouatry. 

Printed by HENRY HANSARD, Pazaraa. residing at No. 16, 
Park Square, Regent's Park, in the Parish of St. Marylebone, in tlia 
County of Middlesex, at his Printing Office, ritnate in Parker Street, ia 
the Parish of St. Oiles-in-the-Fields, in the County aforesaid : and Pub- 
lished at No. 8, Ch AKcxar Lahx, In the Parish of St. Dunstaa in tha 
West, in the City of Limdon, by HENRY SWEET, Law BooKsaiLKm 
and Pua&MHBa, reaiding at No. 41, Great Coram Street, ia the Psriab 
of St. Ckonce, Bloomabury, in the County of Middleaez.— Saturday. 
April 10, 1892. 




\^ 



U^^^ l^rP Jyi-\ 



Na 797— Vol. XVI. 



APRIL 17, 1852. 



Price 1*. 



NAMES OF THE CASES REPORTED IN THIS NUMBER. 



COUBT OF ChANCBBT. 

JBf Hie Northern Coal Mining Company, ex parte 
Blakeley's Eiecaton.— {Contributory — Deeeaeed 
Pmrtmer'e Eetmte^Pngftt and Loet) 299 

Court of Appsal in Chancery. 
Cirtv t. Tiggart.— (AforHeJ WwmeaCe Epdty to a 
8etaem»enS — Principle on which the Court proeeede 
in Jrmmmff the Settlement) 300 

Rolls Court. 
Mant 9. JjaHk. — (Truetee and Ceeiui mie Trutt^Ae^ 
guieecenee — COete—Real Seeuritiea) 302 

Vics-Chancxllor Turner's Court. 
Gregory v. Wilson. — {Landlord and Tenant — Cove' 
nante to insure and repair — Rifhte and lAahilitiee 
under am Agreement for a Leate) 304 

yiGX-CHANCBL]:X>R KiNDSBSLST's CoURT. 

lio^d V. lioyd. — {Condition^Marriage^Charitp'^ 
Perpetuus) 306 



Vicr-Chanckllor Parksr's Court. 

King V. Kenda^.—i Revivor and Supplement) 309 

Mather «. Norton.— ( fVill'-Conetruetion^Druit for 

Sale—Charge qfDebU) 309 

Dake of Marlborough v. St. John. — (/lyttiic/iofi^- 

Waete -Rector eelUng Timber for Bqtaire) 310 

Court of Qusin's Bench. 
Shrewsbury and Birmingham Railway Company o. Lon- 
don and North-western Railway Company.— (iZoi/- 
way Companiee— Agreements inter te — Withdrawal 

cf Opposition to Bill in Parliamani) 311 

Bnrmester v. Barron.— (Dti€ Notice ef Dishonour qf 

Bills of Exchange) 314 

Exchequer Chamber. 
Harrison «. Creswick. — {Arbitration — FinaUty ^ 

Awar^ 315 

Court of Exchequer. 
Stansfeld o. Hellawell.— (Cb«ii/y Cour/— 9 if 10 Viet. 
e. 95, ff. 121, W—Replevin Bond-^ Damage). ... 317 



LONDON, APRIL 17, 1852. 

Lord Bbouoham's County Courts Further Extension 
Billy as brought down from the House of Lords to the 
Commons, contains a clause of great importance as to 
costs in the county courts, yiz. (y the 9th clause it is 
propoeed to enact, that *' it shall be lawful for the Lord 
Chancellor to appoint five of the judges of the courts 
holden under the said act of the tenth year of her Majesty 
to frame a scale of costs and charges to be paid to attomies 
in the county courts, to be allowed as between attorney 
and client and as between party and party ; and such 
BcaHe of costs and charges as shall be certified to the 
Lord Chancellor under the hands of the judges so ap- 
pointed or authorised, or any three of them, shall be 
submitted by the Lord Chancellor to three or more of 
the judges of the superior courts of common law at 
Westminster, of whom the Chief Justice of the Court 
of Queen's Bench or Common Pleas, or the Chief 
Baron of the Court of Exchequer, shall be one, and 
such judges of the superior courts may approve or dis- 
allow, or alter or amend, such scale of costs and 
charges, and the same shall forthwith, after the approval 
thereof, be laid before both Houses of Parliament, if 
Parliament be then sitting, or if Parliament be not then 
sitiiog, within four days next after the next meeting 
thereof; and such scale of costs and charges shall hare 
no effect until six weeks next after the same shall have 
been so laid before both Houses of Parliament ; and 
sach scale of costs and chaiges, so approved, shall, 
from and after the expiration of such time as last afore- 
said, be of the same force and effect as if the same had 
been enacted by authority of Parliament : provided 
always, that the costs so to be allowed shall be subject 

to be taxed by the derk of the court; and in case. 
Vol. XVL N 



upon such taxation, it shall be alleged by the attorney 
whose costs are under taxation that his client has 
agreed to allow any costs other than those which 
would be allowed upon such taxation, any such costs 
shall not be allowed unless such agreement be in 
writing, and signed by the parties sought to be charged 
therewith; but the judge of such court shall have 
power to review such taxation, and direct that a greater 
or a smaller sum shall be allowed, in the particular cir- 
cumstances of the case, than is allowed by such clerk : 
provided also, that no attorney employed by the plain- 
tiff* or defendant shall have any right to recover at law 
from the party by whom he is so employed any costs or 
charges beyond the costs and charges so allowed.'' 

This clause seems to meet the justice of the case as 
regards both attomies practising in the county courts 
and their clients. It may be presumed tha^ under 
this, the judges will frame a scale of fees which will 
afford a fair and reasonable remuneration to attomies 
practising in the county courts, which the old scale 
certainly did not, unless they practised, not only exclu- 
sively, but very extemiively in those courts; and, on 
the other hand, the county court suitor mil be exprusly 
protected against any chaiges or costs other than those 
which will be allowed by the scale, unless he, by 
express written agreement imder his hand, has made 
himself liable to any other: so that both parties will 
know what they are about. The suitor, on the one 
hand, will not be deluded with the idea that he can 
have no more than lOf. or 15«., or the some^ 
sum allowed where the debt is above 20/.; 
costs, while, in fact, he may be lawfully ] 
large bill of costs for business connected i.^.. 
liminary to, the actual proceedings in thereof 
and the attorney will not, on the other £ui|^ 




118 



THE JURIST. 



if he undertakes a county court case, to be drawn into 
an amount of business for the handsome fee of 15^., or 
a little more, as the case may be, for which no profes* 
sionally educated man would be adequately remunerated 
by three or four times the amount. 

The bill contains some other important propositions 
connected with the anticipated changes in the Court of 
Chancery. The Lord Chancellor is to be empowered 
to make general orders, for enabling the Court of Chan- 
cery to send inquiries to the Judges of the County 
Courts, and the Commissioners in Bankruptcy, or Mas- 
ters Extraordinary ; and for ena1)ling such Judges, and 
Commissioners, and Masters to examine witnesses in 
matters depending in the Court of Chancery, and for 
compelling witnesses in such matters to be examined 
viv& voce by the Judges of the County Courts, Commis- 
sioners in Bankruptcy, or Masters, as the case may be, 
by the parties, their counsel, solicitors, and agents, in 
the same manner as at Nisi Prius, or in such other man- 
ner as the orders may provide. This is, of course, no 
new idea, the subject and the plan having been fami- 
liar, as a matter of suggestion and discussion, to most 
lawyers for now some considerable time; but this bill 
is the first attempt practically to carry it into effect. 
Neither, although the plan is new as applied to the 
conduct of a regular old-fashioned equity cause, can 
it be said to be altogether a novelty in modern Chan- 
cery business. We have something yery like it in the 
conduot of winding-up cases, as the evidence is almost 
always taken vivlk yoce in the Master^s office, and in 
the same manner as at Nisi Prius ; and if there is an 
appeal, as ther« generally is, on any new and difficult 
legal question, the evidence so taken forms pai-t of the 
record on which the Court of appeal adjudicates. This 
will be precisely the mode of working Lord Brougham's 
biU, and there is no reason to apprehend that it will 
not work at least as well as the plan pursued under 
the winding-up acts. It is evident that this or some 
other equivalent plan must be pursued for equity 
causes, where the witnesses are in the country at any 
great distance from London, if the benefit of oral exa- 
mination is to be obtained ; and no doubt the conve- 
nience to suitors will be considerable. The effect, 
however, on the Profession in London may also be very 
considerable; hut whether convenient or not is another 
question. The equity Bar will not, we apprehend, be 
much afieoted by it, because the business which will be 
removed from London will be inquiries in the Master's 
office, and the examination of country witnesses. In 
the first kind of business the Bar has never been much 
engaged ; in the second, all that they have to do with 
it, is the preparation of the interrogatories— a kind of 
buainesB not Luge in amount, and very disagreeable in 
exMution. Bni the conduct of inquiries in the Mas- 
ten^ offioes has always formed a very considerable por- 
tion of the bnsines of the London solicitors, the whole 
of it, whether arising out of town or country causes, 
being in their hands. If this bill passes into law, most 
probably, we might indeed say certainly, the whole 
of the Master's office business of Chancery suits, of the 
class commonly understood by the term country causes, 
wUl pass out of the hands of the London solicitors into 
those of the local soUcitors; so, orobably, will the 
wlu^ 6l the business of preparing for the examination 
2 



of witnesses, and examining them. In fact, if the en. 
dence is to be taken in the country, and the necessaiy 
inquiries are to be taken there also, there will remam 
for the London solicitor little but the original launch- 
ing of the case and the conduct of the hearing. What 
changes in the position of the Profession all this may 
work is more than we are prophets enough to foretell; 
but it looks very much like ** le commencement de 
la fin." 



The case of the Rey. Mr. Whiston against the Dean 
and Chapter of Rochester, although, for the purpose of 
the question to be immediately decided, involving a 
very small point, and one which will probably have to 
be decided on merely technical grounds, lays the fonnda- 
tion for a legal question of very great importance, and 
fraught with the most serious consequences to capitdai 
bodies. 

The sole question between Mr. Whiston and the 
Dean and Chapter is, had or have they authority to 
dismiss him from his office of master because he hu 
written a given book ? Not, was it, or is it, harsh, or 
unchristian, or morally wrong for them to do so; but 
simply, have they, in determining on his dbroisaal, 80 
exceeded their authority that the visitor can reverte 
their decision? In effect, the question is, whether the 
Dean and Chapter have authority to remove thor 
schoolmaster, and for what conduct ; and whether the 
publication of such a book as the **Cathednd Trusts n 
conduct for which they may remove him. That ques- 
tion, it is obvious, may, and probably will, be deter- 
mined with the least possible reference to the merits of 
Mr. Whiston's book. 

But when it shall haye been decided either that 
Mr. Whiston may be, or may not be, removed, the 
lengthened discussion of the grave questions which 
the Dean and Chapter have allowed to be broagfat, 
first before the comparatively secluded Court of a Vice* 
Chancellor, next before a Court of law, and lastly 
before the visitor, will have raised in the public an 
interest in these questions, which, already maniftsted 
by the notice of the daily press, may grow in earnest* 
ness till nothing short of a judicial inquiry into the 
construction and application of cathedral trusts may, 
perhaps, satisfy the public mind. The important 
general question thus indirectly raised by Mr. Whifton 
is, whether, upon the true construction of the stataiei 
of Rochester Cathedral, and of many other cathednlSi 
the increase of revenue, arising out of the increase in 
the value of the lands with which these cathednl 
churches were originally endowed, is to be applied 
principally for the benefit of the Dean and Chapter, or 
whether it is to be applied on any and whst larger 
scheme of distribution, between all or some others of the 
recipients of income designated in the scheme of the 
original founder. 

We will for the present confine our attention to 
the case of Rochester Cathedral, taking our facts partly 
from Mr. Whiston's << Cathedral Trusts," and partly 
from the report of the case of JFhiiionr. TheDetm <md 
Chapter of Rochester, (7 Hare, 682). It appears that 
the Cathedral Church of Rochester was founded and 
endowed by Henry YIII with certain estates, ** to hold 
such lands and hereditaments to the Dean and ChBpter 



THE JURIST. 



119 



and their saooessors, from the King and his successora^ 
in puram et perpetnam eloemosynam." 

Stopping here for a moment^ no lawyer will donbt 
that by this language some charitable trusts are intended. 
The Eang then goes on, by the statute, to create the 
trusts. First, he dire<?ts that there shall be for eyer, in 
the said church, one dean, six canons, &c., duo in- 
formatores puerorum in grammatics quorum unus sit 
pneceptor alter subpreceptor, yiginti pueri in gram- 
matica erudiendi &c. So that one of the trusts is^ that 
there shall be for ever two masteis for the grammar 
boys, and twenty boys to be instructed in gmmmar. 
Other objects are pointed out in the statutes, but, 
for the purpose of the present discussion, these are 
sufficient. 

I7ow, from the figures stated by Mr. Whiston in his 
pamphlet, (which we will assume to be correct), it 
appears that the clear annual value of the endowment 
of Rochester Cathedral was^ in 1542, shortly after 
its foundation, ^911. 2$, {>^.; the gross rerenue was 
821^ 10». 5^., from which were to be deducted two 
pa3Fments of 15^. 7t. Qd. and 115/.; and the distribution 
of the clear funds directed by the statutes just ab- 
sorbed them, less 14f . 1(^. a year. The distributive 
shares, so far as regarded the objects which we have 
above particularly selected, were — ^for the dean, 100/./ 
for the six canons, 20/. each; for the head master, 
19L6i,Bd,; for the under master, 6/. lU. l</.y for the 
twenty boys, each 2/. 138, 4d.; the particuliv portion 
of the income allotted to each other object of the 
charity, being as specifically stated. It is plain, there- 
fore, that at that day, if the founder thought 100/. 
an adequate sustentation for a dean, he thought the 
fifth part of it not too much for a canon ; that not less 
than between one-seventh and one-eighth of a dean's 
sustentation was required for a head master; and that 
a grammar boy wanted for his maintenance about a 
fifth as much as the head master. 

These were his views, not, we imagine, irrational 
ones; but, rational or not^ they were his views: these 
were the proportionate amounts of expenditure which 
the founder judged adequate for the maintenance of 
penons of these differing ranks in the cathedral esta- 
blishment. 

Now, the gross revenue, which was, in 1542, 821/. 
10». 5{</., had become, according to Mr. Whiston, 
(whoee facts, as we have said, we assume to be, substan- 
tially at least, true), in the seven years preceding 1684, 
of an average value of 7044/. y that is, 8*5 as large 
as in 1542. It appears also by Mr. Whiston's state- 
ments^ that the preportions of the income allotted 
in 1840 were— to the dean, 1426/./ to each canon, 
680/. ld«./ to the head master, 150/./ to the sub-master, 
100/./ to each grammar boy, 2/. IQs. 4i., which, it will 
be recollected, was the original dotation of the gram- 
mar boys — an allotment which assumes that if the 
donor could have revisited the earth in 1840, with a 
knowledge of the prices of all things at that date, and 
had revised his statutes, he would have considered that 
the relative value and wants, both physical and intel- 
lectual, of ** one learned in Latin and Greek, of good 
fiime and pious life, imbued with the faculty of teach- 
ing," rfor 80 the founder describes his intended head 
master), had diminished, as compared with that of a 



dean, since 1542, in the ratio of about eleven and a half 
to seven and a half— that is, that whereas in 1542 
he thought a head master required for his position at 
least one-seventh of the income of a dean, in 1842 he 
would have considered one-eleventh quite sufficient. 
For thb there may be, by possibility, aigument. It 
may be said that the founder did not intend to establish 
an everlasting proportion between the dotation of the 
head of the cathedral and the head master. But if we 
apply the same sort of reasoning to the proportion be- 
tween the sustentation of a dean and that of a grammar 
boy, and assume that the donor meant the income of 
the grammar boy to be a constant quantity, though the 
value of money and of the property might change, the 
reductio ad absurdum seems to us inevitable. It is 
quite clear that the grammar boys were intended to 
be fed as well as taught, because the statutes in that 
matter expressly use the words ** viginti pueri p<m- 
peres et amieorum ope desHtuti de bonis ecclesie nostne 
alendi;** and further, ^'Nos pueros volumus impet^ 
sis ecclesim nostrm a/t" — language putting beyond all 
doubt that the grammar boys were to be at the rery 
least fed, taking the narrowest meaning of the word 
*^ ali," at the expense of the church. But it is plain, in 
fact, that the donor meant more ; he meant them to be 
maintained, in the widest sense of the word ^'alendi," 
seeing that he makes it a condition of their admission 
that they are to be poor, and destitute of resoureee from 
friends--a condition which would be absurd if the in- 
tention were not, that in the c^kthedral they should be 
wholly taken care of. 

Now, if that was the intention as ref;ards the 
grammar boys — an intention to be caiTied mto eflect 
perpetuo — ^it would really be ridiculous to contend, that 
while the income of the charity has increased, so that a 
larger dotation for the jpammar boys can be yielded, 
and while at the same time the value of money nad de- 
creased, the donor intended that no portion of the 
increase should go to render possible that which he has 
expressly directed shall be effected, viz. the mainte- 
nance, or at the least the alimentation, of the twenty 
grammar boys. Of course, to talk of any person in- 
tending that a grammar boy or any boy should be fed 
in these days upon 2/. 13f. 4d. a year, or less than 
twopence per day, is sheer nonsense ; but it would not 
be nonsense to talk of a founder of a charity intending 
tliat such a bov should be fed upon about one-fortieth 
of 1426/. In nict, looking at the class of persons de- 
signated in 1542 as that out of which the grammar 
boys were to be selected ; looking at the objects for 
which they were to be educated, and the style of edu- 
cation directed ; and looking at that species of extrinsic 
evidence which may be admitted in construing a written 
instrument, viz. the circumstances that surrounded the 
grantor ; looking, therefore, at the well known fact, that 
a principal object of the charitable endowments of the 
period when these endowments took place was the trmn- 
ing up of a class of young men to supply the universi- 
ties and the church, it may fairly be inferred that the 
intention of the founder of Rochester Cathedral was to 
maintain the grammar boys in a way which, then repre- 
sented in money value by 2/. 18f .4</., would not be at this 
day incorrectly represented by about 35/. a jrear ; while, 
with r^ard to other parts of the proportionate dota- 
tion, a King, who, in Uioee palmy days of the chureh, 
when a dean in effect replaced an abbot, considered that, 
for the dean of a cathedral, an income seven times as 
large as that of the head master, was sufficient for the 
due maintenance of his dignity and position, could 
hardly have intended, when he directed each of them 



120 



THE JURIST. 



to have those rektive incomes for ever, that in after 
time, by reason of the mere change in the value of the 
property, the dignity of the dean should he maintained 
at the cost of eleven times that of the head master. 
We do not mean to contend, that it is at all clearlv to 
be collected from the statutes of Rochester Cathedral, 
(selecting that merely as an example), taken in con- 
nexbn with the statutory apportionment of the income, 
that Uie founder intend^, that whatever might be the 
variation of the value of the property, the income was 
to be divided strictly in the proportions apparent on 
the scale laid down by him ; that, for instance, he in- 
tended that if the income had increased so that the dean 
would have 3000/. instead of 100/., therefore the or- 
ganist should have 800/. instead of 10/., or that the cook, 
who had 6/. in 1542, should have above 180/., being the 
corresponding proportion of 8000/. That mode of con- 
struing the statutes seems to us by no means free from 
^:reat objection. But this is clear, that the founder 
intended to create an efficient cathedral establishment ; 
that he intended to maintain and educate in the classics 
a certain number of poor boys; that he intended to 
maintain at Oxford and Cambridge four poor scholars 
out of the goods of the cathedral, two in Oxford and 
two in Cambridge, there to apply themselves to the 
study of the liberal arts and of theology; (see the 
statute, 7 Hare, 688); and because he has appropriated 
for such four students 6/. each, and for Uie gram- 
mar boys 2/. ISf. id. each, his statutes are not to be 
read as if he had said the grammar boys are to be 
maintained for ever at 2/. 13f. 4d, each, and the stu- 
dents at 6/. each, whether those sums would in afler 
time maintain them or not ; but they are, we conceive, 
to be read as if he had said, " Twenty grammar boys 
are to be maintained and taught in the cathedral, and 
four students are to be maintained at the universities ; 
and 2/. 13f. 4d. being now enough for each grammar 
boy, and 6/. enough for each student, I direct those 
sums out of the income now to be so applied.'^ The 
founder's intention appears, in fact, to have been, as we 
have already observed, to maintain a sufficient cathedral 
establishment for the purposes of religion and educa- 
tion, and to forward the particular purpose of educa- 
tion in the manner pointed out; and ne has accordingly 
directed, out of the income, sufficient funds to be ap- 
plied for effectuating each part of the general purpose. 
We conceive, therefore, that if the true construction 
of the statutes of Rochester Cathedral were made the 
subject of judicial inquiry and administration, the 
donor *8 intention would be held to require, in order to 
carry it into effect, not a strict arithmeticid division of 
the increased income, according to the proportions of 
the scale laid down in 1542, but an application of a suffi- 
cient portion of the income for each of the purposes ; a 
sufficient sum for the education of the twenty boys and 
the four students, having regard to the value of money 
and the position to be maintained b^ the recipients 
at this day; and a reasonable provision for all the 
other members designated as necessary to the cathedral 
establishment, or such of them as remain actually 
necessary parts of such an establishment. Whether 
the surplus, if there were any, would be held simply 
divisible between the Dean and Chapter, so as to in- 
crease their dotations in a laiver proportion than that 
of other members of the cathedral establishment, or 
whether such a case would be considered one for the 
application of the cv-pr6s doctrine, might be a question 
not without difficulty. 

Gbav's-inv. — A new course of Lectures (probably 
the last which Mr. W. D. Lewis will deliver) will be 
commenced in the Hall of this Society on the first day 
of the ensuine Easter Term, on the IcAding decisions of 
Lord Chanceuor Eldon, to be continued on every Mon- 
day and Thunday at half-past seven. 
4 



EQUITY SITTINGS, EASTER TERM, 1852. 
Court of Chancery. 

Brfor€ tk€ LoED Chancblloe, «/ Waimkutir, 

Thif Mil.. Am^i ikJ ^'^ ^ Faweeii, Futent PttitioD, lod 
Thunday.. 4l»rii 15 1 Appeal MotJons. 

Friday 161 

Saturday 17 V Appeals. 

Monday 19j 

Wednesday 21 Appeal Petittons. 

Saturday 241 

Saturday !. '.Vm^I f^ppeals. 

WedneMiay 5j 

Saturday 8 Appeal Motions. 



Brfor€ ik§ Loans Jusncas, at Wmimimder, 
Thursday . . April 15 Appeal Motions and Appeals. 

' Lanatic and fiankrapt Petitioiii (on. 
opposed first), Appeal Fetitiou, lad 
Appeals. 



Friday ... 
Saturday. 



16 
17 



Monday 19. 

Tuesday 20 

Wednesday 21^ 

Thunday....... 22' 

Friday 23 

Saturday 24 

Monday 26 

Tuesday 27 

Wednesday 28 

Thursday 29 



Appeals, 

Appeal Motions, Lonatic and Bok- 
mpt Petitions, (nnoppoied fint], 
Appeal Petitions, and Appeali. 

* Appeals. 



Friday 30 

Saturday.... Ma^l 

Monday 3 

Toeaday 4 

Wednesday 5 

Thunday 6^ 

Friday 



Saturday . 



Appeal Motions and Appeals. 
''Lunatic and Bankrupt Petitions, (on. 
opposed first), Appeal PetitioDi, md 
Appeals. 

Appeals. 

Lunatic and Bankrupt PetitioDf , (un- 
opposed fint), Appeal Petitionf, anl 
Appeals. 

Appeal Motions and Ditto. 



Btfore Viee-Chaneeilor Sir G. J. TuENaa, ai WeiimMtr. 

Thunday . . Aprii 15 Motions and Claims. 

».j.. ,^ /Unopposed Petitions, Short Castes, 

™^y ^^1 Short Claims, and Claims. 

Saturday 171 

Monday 19 1 Fleas, Demurrers, Exceptions, Ctviei, 

Tueaday 20 ( Claims, and Further Directiont. 

Wednesday 21 J 

Thursday 22 Motions and Claims. 

jMA*^ M /Unopposed Petitions, Short Cao«ft 

"•"y ^\ Short Claims, and Claims. 

Saturday 24"] 

Monday 26 I Pleas, Demurren, Exceptions, CtuOi 

Tuesday 27 f Claims, and Further Directioni. 

Wednesday 28j 

Thunday ...... 29 Motions and Claims. 

».... ,a/ Unopposed Petitions, Short Cnues, 

^^y ^®\ ShortCUims, and Claims. 

Saturday.... Moj^V 

Monday 3 

Tuesday 4 

Wednesday 5 

Thursday 6^ 

Friday 7 General Petitions. 

Q.« ... Q / Motions, Short Causes, Short dainif 

S**»«*»y ^1 *ndCl«m«. 



Pleas, Demurren, Exoeptions, Ctaim, 
Claims, and Further birections. 



'\ and Claims. 



Brfore Viee-Chane9lior Sir Richaed KiNDUEstaT, at' 
We9iwun»ter, 

Thursday . . Aprii 15 Motions. 

Friday 

Saturday 17 ''Short Causes, l^hort Claims, ftClsiai. 



r(Petition.day).— Cause Petitions (on- 
\ opposed first). 



THE JURIST. 



121 



MoBdaj.... 

Ttaeadtj 

Wednesday. 
Thonday •'. 

Mday 

Saliirdaj ... 
Monday.... 
Tttcsday. . . . 
Wednesday. 
Xlumday .. . 



19 
20 
21 
22 

23 

24 
26 
27 
28 
29 

30 



Friday 

Saturday.... Jlay 1 

Monday 3 

Toesday 4 

Wednesday 5 

Tlmnday 6 



Pleas, Demnrren, Exceptions, Canief, 
and Farther Directions. 

Motions, 
r (Petition.day).— Canse Petitions (nn- 
\ opposed first). 

Short Causes, Short Claims, & Claims. 

Pleas, Denrarrers, Exceptions, Canses, 
^ and Further Directions. 

Motions. 
r(Petition.day).— Cause Petitions (nn- 
\ opposed font). 

Short Canses, Short Claims, & Clafans. 

Pleas, Demnrrers, Exceptions, Canses, 
^ and Further Durectioas. 



Short Causes, Short Claims, & Clainis. 
r (Petition-day).— Cause Petitions (un- 
\ opposed first). 

Motions. 



Friday 

Saturday 8 

NUke, — Unopposed Petitions (not exceeding ten) erery day 
(except Seal Days). 



Tliunday . . A^l 15 
Friday 



Saturday .. . 
Monday.... 
Tuesday ••• 

Wednesday. 

Thnrsdajf .. 

rndKf 

Saturday . . i 
Monday . . . • 
IVusday.... 

Wednesday. 

Thursday .. 

Friday .... 

Saturday... 
Monday.... 
Tuesday.... 

Wednesday. 

Tliursday .. 

Friday 

Satuiday... 



... 16^ 

... 17 

... 191 

... 20j 

... 21^ 

... 22 

... 23^ 

... 24 

... 261 

... 27 J 

... 28j 

... 29 

.... 30^ 

Ifayl 

... 3 

.... 4 



Motions. 

Pleas, Demurrers, Exceptions, Causes, 

and Farther Direetions. 
Cause Petitions (unopposed first). 
Pleas, Donurrers, Exceptions, Causes, 

and Further Directions. 
Short Causes, Short Claims, Claims, 

and Causes. 
Motions. 
Pleas, Demurrers, Exceptions, Causes, 

and Farther Directions. 
Cause Petitions (unopposed first). 
Pleas, Demurrers, Exceptions, Canses, 

and Further Direetions. 
Short Causes, Short Claims, Claims, 

and Causes. 
Motions. 
Pleas, Demurrers, Exceptions, Causes, 

and Further Directions. 
Cause Petitions (unopposed first). 
Pleas, Demurrers, Exceptions, Causes, 

and Further Directions. 
Short Causes, Short Claims, Claims, 

and Canses. 
Pleas, Demurrers, Exceptions, Causes, 

and Farther Directions. 
Cause Petitions (unopposed first). 
Motions. 



EQUITY CAUSE LISTS, EASTER TERM, 1862. 

%* The following ahhreriations have heen adopted to 
abridge the space the Cause Papers would otherwise have occu- 
pied:—^. Abated— il4/. Adjourned—^. T. After ttrm—Jp. 
A^Mal— C. 27. Cause Day— C/. Claim— C. Costs— 27. De- 
aurrer — B. Exceptions — F. D. Further Directions— If. Mo- 
tion— P. C. Pro Confesso— P/. Plear-Pln. Petition— 12. Re- 
hearing — 8. 0. Stand Orer— fi'A. Short. 

Court ot Chancers. 

B^l»r9 the Lonn CHANCiLLom, at Wntmmtler. 
Appeals. | M'Calmont r. Rankin 1 r. 

Saunders v. HamiltonJAp) Same e. Turner f i^ps) 



M*Intosh e. Great Western 

Raflway Co. (Ap) 
Jones e. Price \/4„\ 
Pricer.MadeanP^P^ 
Brown ». Cross (Ap) 1 

Same o. Same (Cause by or.) j 
ScriTcnor v. Smith (Ap) 
Monypenny e. Dering I ^ . x 
Same e. Monypenny J^ *'^ 
Same e. Same (Ap) 
Strong 9. Strong (Ap) 



Same e. Turner 
Same v. Bird 



Pollard V. Doyle 1 / a „\ 
Heamse. Same J^^P^ 
Mayor of Rochester o. Lee 

(Ap) 
Navalshaw v, Brownrigg (Ap) 
Adey e. Arnold (Ap) 
Abbott V. Sworder (Ap) 
Djke e. Rendall (An) 
Powell 0. Dodson 1 (Ap and 
Dodson V. Powell j Cause). 



Btfore ih9 Lonns Jusncxs, at Weitmintter. 



Ballinger o. Hawes 1 (Ap, pt. 
Bock e. Denis J heard) 
Kynaston e. Lancashire and 

Yorkshire RaUway Co. (2 

Aps) 7Vi». Term 
Dean and Chapter of Ely v. 

Bhu (Equity resenred) 8 
Norris e. Wright 1 / a _ \ 
Samce. Norris fV^P^ 



RandaUl 



Harrison v. Randall (Ap) 
Sims e. Helling (Ap. on daim) 
Lord James Stuart e. London 

and North-western Railway 

Co. (Ap on daim) 



Money v. Jorden (Ap) 
Mayor, &c. of Berwick 1 

e. Martayi4pH/20 UAp) 
Same v. Same J 

Att.-Gen. e. Harrow School 

(Ap) 
Hart e. Talk ^ 
Samee. Gordon L/a«\ 
Talk V. Hart p^P^ 
Hart V. Cottrell J 
Zulaeta v, Tyrie (Ap) 
Foley V. Smith (Ap) 
Price e. Macauley (Ap on 2 

daims). 



B^ore Viee'CkameeUor Sir G. J. TunNsn, at Weitminattr. 



Atchison e. Le Mann (D, pt. 

heard) 
Macbridee. Lindsay 1.^.^ 
Same e. Same J^^ 

Tallls e. Tallis (E) 
Luntley v. Hoby 
Fordham v. Wallis (2 causes) 

Miek. Term 
WUlJams V. Roper (CI) 
BlazUnd e. Blazland 1 
Same e. Same j 

Haseldine e. Cragg 
Davies v. Holmes MeA. 7\mn 
Reeres v. Trenchard (Q) 
Bradwell v. Bolton (CI) 
Thomas e. Thomas (CI) 
Grice e. Shaw (CI) 
Crosse v. Logan (Q) 
Greenway e. Bromfidd (F D) 

Miek. Term 
Wright e. Woodhead (Special 

casa) 
Walker v. Bentler (F D, C) 
Cruttwelle. Lewm (Q) 
Thombery e. Great Northern 

RaUway Co. (CI) 
Murray v. Jones (CI) 
Watson V. Watson (CI) M. T. 
Nicholas e. Williams (CI) 
Wing e. Diggle (CI) 
Girdlestone «. LaTender (CI) 
Bushero.NeedeU(Cl) 
Reere e. Hodson 
Searle e. Qainlan May 8 
Barnes v. Wood 
Gilbert v. Bosworth (CI) 
Greetham o. Fed 
Heap «. Tonga (F D, C) 
Flint V. Woodin (CI) 
Raven e. Raven 
Swann e. Wortley 
Bullin V. Griffin (CI) 
Gilbard v. Gill (CI) 
Holloway e. Poole \^« p, % 
Driver ». Gardiner p*^"^ 
M*Donnell e. Pope (2 canses) 
Eddlestone e. Collins 
Hncknesse v. Acton 
Godden e. Hant (CI) 
Hepburn v. Pftlmer 
Moorley e. Wakeman 
Brown e. Famworth 
Stapleton e. Cartwright (CI) 
Smithers o. Sim 
Besley v. Perratt 



Stubbs 0. Oldham 
Broughton e. Ryland 
Williamson a. Jefferys (4 can.) 
Harvey v. Brooke 
Marshall e. Hotchlnson (CI) 
Worth V. Mackenzie 
Webb «. Ledioott (F D, Ptn) 
Gregory o. Smith (F D, C) 
Scawin v. Barton (F D, C) 
Smith V. Smith (FD,C) 
Jones e. Jones (¥ D, C) 
Neave v. Campbell (F D, C) 
Hay V. WiUoughby (F D, C) 
Ashley e.AUden(FD,C) 
Bath e. Hippesley (F D, C) 
Goode o. Btttler (F D, C) 
Ker V. Ruzton (F D, C) 
Lachlan v. Reynolds (F D, C) 
Kenyon v. Buckley (F D, C) 



Lewis e. Marsh (F D, C) 
' 5 (F D, C) 
Ward 0. Swift (F D, C) 



Cross V. Sprigg < 



Hunt V. Roberts (F D, C) 
Bagshaw e. Macntd (F D, C) 
Pamell e. Porter (F D, C) 
Wilks 9. Slaney (E, F D, C) 
Brown v. Heavena (F D, C) 
Hoddlestone r. Whdpdale (F 

D,C) 
Elverstone «. Hale (F D, C) 
Arundd «. Arundel (F D, C) 
Crosse v. Webb (F D, C) 
Williamson «. Plamer (F D,C) 
Harbome o. Nasbome (F D, 

C) 
Senior e. Dickenson (F D, C) 
Penny e. Riky (F D, C) 
Johnstone «. Shaw (F D, C) 
Cambray v. Draper (F D, C) 
Glover v. East (F D, C) 
Middleton e. Yondon CF D, C) 
Bracey v. Earl of Scarborough 

(FD,C) 
Aaron v, Aaron (F D, C) 
Emery e. Phillips (F D, C) 
Hinton o. Johnson (F D, C) 
Trumper v. Lockett (F D. C) 
Rollins V. Groom (F D, C) 
Rutlcy e. Gill (F D, C) 
Allen V. Thames Haven Co. 

(PD.C) 
Day v. Wilkinson (CI) 
CoUett «. Morrison (F D, C) 
Whymper v, Curtis (Equity 

reserved) Sh^ 



B^e Vice'(^UmeeUor 8ir Richaru KiNDinsLnr, at 
Weetmkuter. 

Jones 



V. MorraU (F D, part 
heard) 
Gray v. Gray (Part heard) 
Ealei V.Pitt 



Rackstraw v, Meadier (F D, 

Ptn) 

Thorold e. Bailey (Cause, Ptn) 
Fierce V. Griffiths (FD) 



122 



THE JURIST. 



Atkinwn v. GjXhj (E, F D) 
Longstaff v. RennUan (F D) 
Flood V. Browne 
Pftrkyn v. Wightwiok 
Collett V. Newnham 1 
Owen e. Detbyahire (CI) j 
Wright V, Vernon (D) 
Green v. Green (E to answer) 
Campbell v. Hewlett (B) 
CoWin V, Lord (E) 
Winthorp o. Blderton (E) 
Bartley «. Hartley (E) 
Falk 0. Gordon (E) 
Same v. Same (Newman's E) 
Howard e. Griffiths (Old E) 
Clifton V. Rickards (E) 
Stansfield v. May (D) 
Hardiugham v. Thomas (Old 

E) 
Penney v, Goode (E) 
Brown v. Panl 
Fischer v. Ramsden 1 
Same v. Grerrard V (3 can.) 
Same «. Same J 

Waldron v. Sloper (Q) 
Goodale v, Goodale 
Emans v. Greenhill 1 
Stephens «. Same J 
Wood V. Dench 
Morrison v. Richardson 
Swainson v. Moncaster (F D, 

C) 
Fotheringham v. Smale (F D, 

C) 
Paraons v. Benn (F D, C) 
Ganntlett «. Gauntlett (1 

D.C) 
Taylor v. Same (2 causes 
Brown v. Heath (CI) 
Harvey v. Stracey (F D. C) 
Tomer v. Lang (F D, C) 
BeU «. BeU (F D, C, Ptn) 
Ord «. Schneider 
Bodenham o. Hoskins (2 eau.) 
Coleman v. Howard 
Vanzeller v. Parrott 
Blake «.Phibbs(F D.C) 
Robson V. Lord Brougham and 

Vanz 
Geib «. Dibley (R) 
Petre v, Petre 
Att.-Gen. «. Cother 
Borbage v. Wicks (F D, C) 
Jones r. Walker (F D, C) 
Clowes «. Waters (E) 
Smith V. Smith (F D, C) 
Mayor, &c. of Berwick-npon- 

Tweed v. Murray 
Pinkerton v. Andrew 1 
Same v. Ensor J 

Ashton e. Jooes (F D, C) 
Barnard v. Roberts (F D, C) 
Collum V. Upton (F D, C) 
Fruster v. Boll (CI) 
Freeman v. Freeman (CI) 
Harroway v. Wright (Q) 
Jackson v, Swinbnm (CI) 
Thomas v. Knight (CI) 
Colyer v. Colyer (CI) 
Gelson v. Gelson (F D, C) 
Groves v. Lane (CI) 
Frusher ». Frusher (CI) 
Bennett v. Cooke (CI) 
Smith V. Compton (CI) 
Lake». 0'Hara(FD, C) 
Hanson o. Hartley (CI) 



"I 

I) J 



mm. 

(E) 1 

5(E) I 

KFD)J 



Taylor «. Nixon (CI) 
Elkington v. Aplin (F D, C) 
Major*. Major! . p. « ,jx 
Sameo. Same J^**' ' ^^ 
Wood V. Smith 1.«T^ pv 
Catonw. Caton/^*^^'^^ 
Attorney-Gen. v. Twelve Go- 
vernors of Crediton (F D, C) 
Pinkerton v. EUisor 
Ellis Fletcher v. Windsor 
Turner v. Ntoholls (F D, C) 
Turner v. NichoUs (2 causes) 
Homer e. BUlam (F D, C) 
Bower v. Johnston (F D, C) 
Graves v. Graves (CI) 
Branwin v. Guy (F D, C) 
Smith V. Guy (F D, C) 
Bunny v. Beckett (F D, C) 
Att..Gen. v. Bodman (F D, C) 
Damley e. Senior (F D, C) 
Barton V. Barton 
Stiles V, Guy (E) 
Same v. Same ' 
Same v. Same 
Inglis V. Campbell 
Evans «. Sanders (Sp. case) 
Livesey v. Batley (F D, C) 
Fletcher v. Fletcher (F D, C) 
Perkins v. Ede (E) 
Sutton V. Whittingstall 
Duncan v. Ross f ^« „ ^. 
Samei^.Bumsider*^' ^ "^^ 
Marshall «. Scott (F D, C) 
Mooriey v. Jenkins 
Gaubert v. Watson 
Meuj[ V, Jarvia (CI) 
Batty V, Jones (CI) 
liCweUen v. Pace (3 causes) 
Clark 9. May 
Barrett e. M'Dermott 
Hiones v. Houltoun 
Beale e. Symonds (E) 
Knight V. Ghrantham (CI) 
Langton V.Wood (CI) 
Bunting v. Ellis (F D, C) 
Pegg V. Wisden 
Beoke tr. Wihnot (CI) 
Yeats V. Yeats (E) 
Same «. Morgan (F 

Ptn) 
Sellick e. Badman 
Hanslip «. Cross (CI) 
Brougham v. Leman 
Gm«.Bone(2Cls) 
Fortnam e. Holtom 
Yeats e. Yeats (E) 
Frankford e. Ward (CI) 
Puzey V, KnneU (F D. C) 
Pinnell 9. Pinnell (F D, C) 
Oxenham v, ElUs 
Brown v. Robertson (F D, C) 
Pinekney v. Cusack 
Willis e. Black 
Formby v. Black (5 causes, F 

D,C) 
M'Kean v. Ockleston (F D, C) 
Welsh V. Rigg (CI) 
Bell «. Carter (3 causes) 
Amphlctt V. Painter 
Walter v. Mower (2 causes) 
Hays V. Harrison (F D, C) 
Yescombe v. Baldwyn (2 can.) 
Jones V. Beach (CI) 
Morgan v. Bosvile (F D, C) 
Langdon e. Woods (F D, C) 
Francis v. Broughton (CI). 






BrforeVtee'ChaneeliorSirjKu^s Paukbb, at We$imbuter, 

Frith V, Frith (E, part heard) 1 M'Intosh v. Great Westem 
Davis V, Smith (D) | RaUway Co. (E) 



V. Galvaniied Iron 

Co. (D) 
Smith e. Ricardo 
Hyett V. Pocock (Pt. hd.) 8 
Potts e. Thames Haven Dock 

and RaUway Co. (CI) T. T. 
Wardv. Leigh 1 
Leigh V. Ward J 
Hume V. Bentley (E» F D) 
Vincent, Bart., v.! /«^ 

Huntir l^. 

Hunter v. Nockolds J '^"^^ 
Ridley v. Ridley 
Ware e. Polhill 
Constable v. Bull (F D, C) 
Heyne v. Tyler (E) 
Blair v, Ormond (F D, C) 

Apnl 19 
Pratt V. Nixon 
Wood V, Ridgway (2 causes) 
Wilson V. Bennett (Sp. case) 
Moss V, Moss 
Ridgway v. Wood 
Wood V. Talley 
Bridger v, Bridget 
Att.-Gen. v. Barker (F D, C) 
Garr e. SmaUpiece (E) 
Stone V. Tompaon (F D, C) 
Wmnall v. Dart 
Higgin o. Ijanel 
Same e. Higgin J 
Whitgrave v. Sturgis 
Hunter o. Marton 
Davey v. Miller (F D, C) 
Thorp tr. Harvey (F D, C) 
Davies e. Goode 
Gabb e. Comely 
Coomer e. Bromley 
Swainson e. Maneatter (F D, 

C) 
Jones V, Lloyd (E) 
Thistlethwavte v. Gar* 1 /c 

EUis e. GuiUoo J **~^ 

Coleridge o. CoUeton (F D, C) 

Horn V. Ookman 1 

Same v. Campbell J 

Law V. Horsfall 

Daniel v, Davies 

Toffriano v. Wilkisaon (CI) 

Pierce «. Dawson (CI) 

Bovington e. Adams (Q) 

Ward V. Swift (3 causes) 

TraU v. Bull (E, 2 seto) 

Davey r. Bailey \ 

Same e. Acraman J 

Hales e. Plowden 

Paine o. Larehin (CI) 

Clay V, Ruiford (R) 

Bagshaw v. Winter (CI) 

Shorrock e. Shorrock (CI) 

Gee «. Mayor, &c. of Man- 
chester (F D, Eq. reserved; 

Att-Gen. v. Asker JVin, T. 

Gore V. Rowed 1 

Same e. Harris j 

Elsworth V, Allan 

Gee V, Jones 

Mackenzie v. Hope 

Dinn v. Grant (CI) 

Haig e. Gray 

Cattell V. Emery CI) 

Chapman v. Great Northern 
RiulwayCo.(Cl) 

Price 9. Lawson 

Warwick v. Hawkins (CI) 

Hobson e. Peet (CI) 

Edwards e. Bush 

Haverfield v. Coward (CI) 

Milsom V. Harvey (CI) 

Roper V. Taylor (E, F D) 



•}(K)| 
luppl.) J 



Shaw V, Dyson (F D, C) 
Yinoent r. Fane 8h 
Smith V. Edwaids 
Alcock V. Alcock 
Colombine v. Penhsll (2eBai*) 
Reeoe o. Taylor (CI) 
Hancock v. Beat sn (F D) 
Bird o. Breese (CI) 
Cooper V. Jones (Ul) 
Stocks V, Dobson 
Quarterman o. Cuff (Sp. cue) 
Woodhead e. Hickling (FD, 

C) 
Stead V.Banks (CI) 
Middleton v. Middleton (FD, 

C) 
Barber e. Hickey (F D, C) 
Bauley e. Eastern Uaion Hiil* 

way Co. (CI) 
Welsby v. Ashcroft (C\) 
Goodman e. Drury (Sp. out) 
Hancock v. Spitde (P D, C) 
Stronge v. Hawkes (B, F D) 
Stronge e. Hawkes (E.Sseti) 
Rogers v. Jooes (CI) 
Evans e. Andrews (CI) 
Martin v. Pycroft (Cl) 
Hanslip o. Cross (CI) 
Thomas «. Dunning (01) 
Turner e. Turner (CI) 
Pedder v. Barton (Cl) 
Edwards v. Grove | 
Samev. Bush 
Same v. Same (Suppl.] 
Jaoques o. Berriman (01) 
Martin V. Reed (Cl) 
Henningtr. Mayo(FD,C) 
Loader v. Loader 
Everall e. Browne (F D, C)Sk 
Thompson e. Morris (01) 
Harrison v, Bulmer (Cl) 
Playford v. Playford 
Hill «. Edmonds (Cl) 
Prentis v. Pley (Cl) 
Trail V. EUis 
Thomaason r. Bury (01) 
Moate o. Moste (Cl) 
Atkinson «. Parker f (F D, 
Brenan e. Brenan j Ptn) 
ThrelAtU v, Winstanley (01) 
Tippins V. Coates (F D, 0) 
Compton e. Bevan (01) 
Jodrell e. Beckwith 
Lyde r. Lipsoombe (F D, C) 
Grainge v. Warner (Cl) 
Armstrong e. Armstrong (FS, 

C) 
Lake «. Bmtton 
Sparkman v. Holbrook(4et.) 
Chapman v. Cannon (FD,C) 
M'Dermott v. Nowlan (FD, 

C) 
Soarles o. Rodman (Cl) 
Ly. Sparrow v. Hilton (E)^^ 
Tempsett v, Wickens (" 

D) 
Same v. Same (E) 
Evans v. Mann (F D, C) 
Morris o. Morris 
Sutcliffe V. Banks (FD. 0) Sk 
Adams p. White (3 sup. cani.) 
Murray v. Parker (F D, 0) 
Biggs V. Gibbs (Q) 
King e. Squire (P D. C) Sk 
James v. Lord Wynford (FD, 

C) 
Watson e. Browne (Cl) 
White e. Bird 
Penhall v. lililler 
Dashwood v. Lowder 
Eaton V. Hazel. 



[)n(JSj 
.(E,F| 



THE JUEIST. 



IS3 



3&oIb CautL 



JCHGIfBim RKSK&TSD. 

Mme^K^ r. Montagu 1 #p. v 
Montiga 9. Engiuid /^^^^ 
Middletim «. Middletoa (F D, 

C) 
Bvttafiddv. Heath (£) 
liake 9. Carrie (E) 
Pord V. Staart (4 tits., canie) 



Hqghton v. Hogfaton 1 rp. \ 

Hogfatoa 9. HoghtoQ f^^'^ 

£d] V. Londoa and North- 

waaCera Raihray Co. (Can.) 

Flxas and Dbmurrxrs. 
Hatton 9. Fairweather (£ to 

CaU8X8. 

Baker v. Morgan (01) 
Boll V. Brook (Canae) 
Barlow v. Worthington (CI) 
Brfan «. CoUinB (Ouiae) 
BnigeB V. Stnrgis (CI) 
Horiock r. ^Hlson \ /p.«^x 
Horlock r. Sawyer f V*-«»J 
Horiock r. Horlock 1 /r^^\ 
Horlock r. Sawyer J ^^'"^^ 
Stmafield v, Hobson (CI) 
Heath' V. Clones (CI) 

Oncsat f rs a j /in g rf >roM f Aa JRooifr ^ Oniaat o/ #iie Fice- 
GAoReWiera Sir Riekard T. KirndtnU^ and Sir J. Pmritr, 
la tJke Book of Camaet qfikt JUgkt Bom. Ma Mctior of ik$ 
Bolb, Jy order, dai^ tie lOM dimrek, 18&2. 



Dayis a. Gray 1/121 \ 

Graya. DaTia/^^^ 

Shrewsbury and Birmingham 
Railway Co. v. London and 
Nortfa-weatem Railway Co. 
(Cause) 

Hitchcock a. Beauderk (CI) 



Stonorv. Stonorl .q^^^^^v 



Stonora. StonorJ 



Stonor a. Camoys \ fn^^\ 
Stonor a. Camoys J ^^'""^ 
Ward a. Homfray (F D, C) 
Jonea a. Cadbury (Cause) 
Rhodes a. Smith (CI) 
Hudson V. Tarlington (CI) 
Hares v. Stringer (CI) 

Hounsfield v. Hounsfield (CI) 
Blaken^ a. Dnfaur (Cause) 
Brocklehurstv. Flint (CI) 
liddiard a. Liddiard 1 ^^^ ^ 
Liddiaid a. Ormond |vi«»0 
Monnsey a. Barnes (CI) 
Attomey-Gen. v. Domington 

Hospital (Cause) 
Cheslyn a. Price (4 titles, F D, 

C, part heard) 
Lodge a. Pritchard (D). 



Gooday v, Coldieater & Stour 
Valley RaUway Co. (Cause) 
Wild V, GUdstone (Cause) 
Hi^ey a. Gummer (Clause) 
Sbortridge a. Bbsanquet (Ca., 

port heard) 
St. John a. Phelps (Cause) 
Bdwvds a. Gillmg (Cause) 
Ucjd a. Peers (Cause) 
Ashwin a. Ashwin (Sp. case) 
Gibbina tr. Taytor 1 /^-^n 
Gibbina ». Salter jyy"^) 
Saaiih v. Parkes (Cause) 
Stdfiworth a. Skipworth (Ca.) 
ParVdn a. Thorold (Causa) 
Cloae V. Gordon (Cause) 
Dondid a. Bather (Cause) 
Aylaa a. Coz (E) 
Loare a. White (Cause) 
Warda a. Warde (Cause) 
liuagley a. Hall (Cause) 
Morgan a. Sayce (Cause) 
'WhitdMad v. Thompson (Ca.) 
^Walker a. Jonea (Cause) 
Pyke V. Franklin (Cause) 
Kewland a. Newluid 1 ^p ^ 
lieea a. Newland j^'^^ 
Cormack a. Capons (3 tit., ca.) 
Tuck a. ChUd (Cause) 
Bowley a. Whyte (Sp. case) 
Blaxwell a. Maiwell (Cause) 
Spear a. Spear (Cause) 
Sridge r. Bridge (Cause) 
Oegga.Jishwickl.^ V 
Clegg a. Massey JV^'"^ 
Stephenson a. Jones (Cause) 
Bladdock a. Harland (Cause) 



Kennington a. Houghton (E) 
Lake a. Eastern Countiea Rail. 

way Co. (Cauae) 
Gray a. Haig (Cauae) 
Morton a. Verity TCauae^ 
Brown a. Gordon (Cause) 
Heaton a. Dearden (4 tit., ca.) 
Gladdmg a. Nerill (Cauae) 
Mitchell a. Beaumont (Cause) 
Abrey a. Newman (Cauae) 
Cocking a. Kennerly (Cauae) 
Cocking a. Hitehin (Cause) 
Pritchard v. Smith (3 tit., ca.) 
Szlumper a. Lynn (3 causes) 
Worthington a. Wiginton (Ca.) 
PickthaU a. Braithwaite (Cau.) 
Ford a. White 1 /c^--.\ 
Ford a. White /^^'^^ 
Berryman a. Lamb ^anae) 
Thornton a. Court (Cause) 
Crouch a. Hooper (£) 
Nicholls a. Birdseye fCause) 
P^Lrienta a. Lubbock (Cause) 
Jodreil a. Turner (Cauae) 
Raven a. Caming 1 /p,«^x 
Same a. Same /(^~) 
Whitmore a. Smith (Cause) 
Anderson a. Kemshead (Cau.) 
Ellis a. Clough (Cause) 
Bridger a. Bridger (Cause) 
Hilton a. Blake (Special case) 
Bates a. Hillooat (Cause) 
Ward a. Ward (Special case) 
Fielding a. Nutting (Cause) 
Baker a. Baker 'l/p.--.^ 
Baker a. Groom j v^^"^^ 
Seymour a. Ehrin (Cause). 



Jffsil ^ TVvHHfar. 



Macnamara a. Dawe (Cause) 
Tlenty a. West (4 tit., PD, C) 
'Williams a. Jones (CI) 
Trontbeck a. Foster (CI) 
littlewood a. Butterill (Q) 
BcynoMsa. Martin(Cl) 



Matthews a. Bagshaw 1 (F D, 
Matthews a. Leybum j C) 
Toplis a. Harrell (Cause) 
Blake a. Grand Surrey Canal 

Co. (E) 
Att-Gen. v. Pogfa (F D, C) 



Jewson a. Hart (FD, C) 
Cumick a. Adamaon (CI) 
Browne a. Crosse (Cause) 
Kelk V. Archer (CI) 
Heaton a. Selby (CI) 
Attomey-Gen. a. Lord Bagot 
(Cause) 



Attomey-Gen. a. Long (S 

titlea, F D, C) 
Archer a. Kelk (CI) 
Fletcher a. Steel (CI) 
GeMing a. Liowden (Cause) 
Gladding V. Gladding (Cause). 



COMMON-LAW CAUSE LISTS, £AST£B TEBM» 
1862. 

Couvt of tkuttn*% itftuH. 

CROWN PAPER, EASTER TERM, 18&2. 
Yorkshire .... Rag. a. Carr. 
Glouoastershire ■■ Great Weatem Railway Comfiany. 

Hull »—— Hull Dock Company. 

Yorkshire .... — — Leeds and Bradford Railway Co. 

Same Same. 

Denbighshire.. Edmund Williams. 

Camarronahire — ^— Evan WOliams. 

Kent Wilaon. 

Yorluhire .... ^— — *- Churchwardens and GTerseara of 

Longwood. 
Lincolnshire . . — — Inhabitants of Wickenley. 
Lancashire. . . . ■ Slater. 

Leioeaterihire . — Inhabitants of Slawstone. 



Court ot Common yieaui. 

NEW TRIALS. 



Mich. Tkbm, 1848. 
Surr.— Haaoilton a. Cochrane 
(To stand over for 
anrangament) 

HitAVT TiKM, 1852. 
Midd.~Dalby a. India and 
London life As- 



suranoeCo. (Bnrt 
heard) 

Loud.— Graham a. GhapnuDi 
„ Jupe a. Great Weat> 

era Railway Co. 
„ Steadman a. ChappeU 
„ Odams a. Aaery 



DEMURRER PAPER. 



JStesday, April 20. 
Addison a. Mayor of Preston 
Robinson a. GUI 



Rickatts a. East & West India 
Docks & Birmingham Junc- 
tion RaQway Co. 

Haaes a. Keene 7»wail«jr, Aprii 22. 

Holmes a. Spackes NotoUo^. Sudlow 

ENLARGED RULES. 
Tofirti Daif. I OeuenUfy. 

Stabbing a. MortBLm I In ra fiharpa. AU of Hmbury 

BaUa.FUk | 

CUR. ADV. VULT. 



Court of 9fditqntx. 

SITTINGS— EASTER TERM, 1652. 
Ikijfo in Term, JBane, 

Thursday . . April 15 Motions and Peremptory Paper. 
Peremptory Paper and Motkma. 
Motiona and New Trial Paper. 



Friday 
Saturday.. 
Monday . . . 
Tuesday... 
Wednesday 
Tlinrsday.. 
Friday .... 
Saturday.. I 



16 
17 
19 
20 
21 
22 
23 
24 

Monday 26 

Tuesday 27 

Wednesday 28 

Thursday 29 

Friday 30 

Saturday .... Ma^ 1 

Monday 3 

Tuesday 4 

Wednesday 5 

Thursday 6 

Friday 7 

Saturday, 8 



Special Paper. 

Motiona and New Trial Paper. 



Crown Cases, Motions, and New Trial 

Paper. 
Special Paper. 

Errors, Motions, and New Trial Paper. 
Special Paper. 
Motions and New Trial Paper. 



Spedal Paper. 

Motions and New Trial Paper. 



124 



THE JURIST. 



Day* t'fi Term. NUi Prhu. 

Friday .... April 16 Middlesex fint Sitting. 

Tbonday ....... 22 London first Sittini^ . 

Friday 23 Middlesex second Sitting. 

Thursday 29 London second Sitting. 

Friday 30 Middlesex tliird Sittbg. 

NEW TRIALS. 



FoK Argument. 

Mwed Baiter Term, 1851. 

Kingston—Griffin v. Hnm- 

plwry 
York— Wood v. Ripley 
Bristol— Fowlesv.Oreat West- 
em Railway Co. 

Mwed Mick. Term, 1851. 
Ixmd. — ^Wallington «. Dale 
,, Key V. Cotesworth 

Mwed HiUny Term, 1852. 
Midd.— Block v. Gompertz 
y, Marks «. Hamilton 
„ Fnrse «. Asker 
.. Barbat v. Allen 



Lond.— De Rothschild tr. 

Mail Steam* 

Co. 

yfncent «. Shropshire 

Union Railway and 

Canal Co. 

„ Galvanized Iron Co. 

V, Westoby 
,, Grnest «. Warren 
,, Mitcheson v. Niool 
„ Couturier «. Hastie 

Ifoeeil tlfter the 4tk Day of 
Hilmry Term, 1852. 

Midd. — Copner r. Copner 
H Thomas v. Cross 
M Whitdiead «. Lord 



SPECIAL PAPER. 



For Ju1>omvnt. 
Atkinson v. Stephens (D) 
Williams v. Roberts (D) 
Miller v. Salomons (Sp. Ver.) 

For Arguubiit. 
Canman v. Soath-eastem Rail- 
way Co. (Sp. C.) 



Barton v. White (Sp. C.) 
(Standing for arrangement) 

Doie d. Kimber v. Cafe (Sp. 
C, part heard) 

Thomas «. Watkins (D) 

Alcard «. Wisson (D) 

George o. Dererenz (D). 



EonOon (SaKtus. 

FRIDA^r, April 9. 
BANKRUPTS. 

CONSTANT CHAMPION, Fenchureh-st., London, mer- 
chant, dealer and chapman, April 16 and May 13 at 12, 
Court of Bankruptcy, London: Off. Ass. Bell; Sols. 

• Sole & Co., 68, Aldermanbnry, London. — Petition filed 
April 7. 

SAMUEL TRICKETT, Victoria Stone Wharf, Isle of Dogs, 
Bfiddlesex, stone and slate merchant, dealer and chapman, 
April 19 and May 22 at 12, Court of BankmptcT, London : 
Off. Ass. Nicholson ; Sol. Cox, Pinner's^hall, Old Broad- 
street. — Petition dated April 7. 

THOMAS BARTON LAWRENCE, Parliament.st., West- 
minster, Middlesex, and York-place, Lambeth, Surrey, zinc 
dealer and manofactarer, (trading under the style or name 
of Lawrence & Co.), April 19 at 11, and May 22 at half. 
past 11, Court of Bankruptcy, London: Off. Ass. Pen. 
nell ; Sols. Stevenson & Lef, 1, Victoria-street, Holbom. 
bridge.— Petition dated April 6. 

THOMAS COWDREY, Brighton, Sussex, wine and spirit 
merchant and tobacconist, dealer and chapman, April 20 at 
half.past 11, and May 17 at 12, Court of Bankruptcy, 
London : Off. Ass. Graham ; Sols. Messrs. Unklater, 17, 
Sise-lane, London.— Petition filed April 8. 

JOSEPH WILLIAMS and WILLIAM WILLIAMS, Go- 
lynos and Varteg , Monmouthshire, shopkeepers, dealers 
and chapmen, (carrying on trade in the name of Joseph 
linUiams), April 26 and May 24 at 11, District Court of 
Bankruptcy, Bristol: Off. Ass. Acraman ; Sol. Bevan, 
Bristol.— Petition filed April 2. 

MlBTlKGB. 

0§o, OuU and J^^ttnci» Deacon WiUon, Old Broad-street, 
London, Russia brokers, April 29 at 1, Court of Bankruptcy, 
London, last ex.— T^Aos. G. PhUlippe, Newport, Monmouth- 
shire, grocer, April 28 at 11, District Court of Bankruptcy, 
Bristol, last ex.— JStlen Clark nnd Henrp Sleackley, Chorlton. 
upon-Medlock, Lancashire, ironmongers, April 20 at 11, 
District Court of Bankruptcy, Manchester, last ex^^Mattkew 
Warrm, Maodesfieldi Cheshire, silk dyer, April 22 at 12, 



District Court of Bankruptcy, Manchester, last ex.— Fm. 
Dyeon, Wakefield, Yorkshire, grocer. May 3 at 12, District 
Court of Bankruptcy, Leeds, aud. ac. ; May 10 at 12, fin. 
diT. — Bdw. Teague the younger, lictledean Woodside, Eut 
Dean, Gloueestershire, grocer, April 30 at 11, DisMet Govt 
of Bankruptcy, Bristol, and. ac.— JtftcAoW Conmon, North 
Shields, Northumberland, draper, April 22 at half.past 12, 
District Court of Bankruptcy, Newcastle-npon-Tjne, sod. 
ao. — Jane Parker, Goosnargh-with-Newsham, Lsnctsbire, 
innkeeper, April 29 at 1, District Court of Bankniptqri Mm* 
Chester, and. ao. ; April 30 at 12, div.— iVboA Welch, Deep, 
fields, Sedgley, Staffordshire, iron mannlkcturer, April 21 it 
half.past 11, District Court of Bankruptcy, Birmingbam, tod. 
ac.— RPm. Rawlins, Warwick, maltster, April 29 atbalf-pait 
11, Dbtrict Court of Bankruptcy, Birmingham, aad. ac-f. 
Harrie, Camborne, Cornwall, grocer, April 28 at 11, District 
Court of Bankruptcy, Exeter, and. ac. ; May 5 at 11, dir..- 
JTkoe. Oundry and /. Gundry, Goldsithney, Cornwall, mer. 
chants, April 28 at 11, District Court of Bankruptcy, Exetv, 
and. ac., and May 5 at 11, diy., sep. est. of /. (rwulry.-a 
Bacon, Walton, Somersetshire, tailor, April 27 at 11, District 
Court of Banlouptey, Exeter, aud. ac. ; May 4 at 11, dir. 
— D. Booibhyer, Tavistock, Devonshire, ironmonger, April 2J 
at 11, District Court of Bankruptcy, Exeter, and. ac. ; Msf 4 
at 11, div.— Ovm Gray, Great Tower-st., London, boilder, 
April 30 at 11, Court of Bankruptcy, London, diT.-VMet 
ffoUiek Davie, Hendon, Middlesex, HTCry-stable keeper, 
April 30 at 12, Court of Bankruptcy, London, fin. diT.-fl. 
Wooifeokd Jeaae Lyons, Cripplegate-buildings, London, lun- 
brella manuftcturers, April 30 at 11, Court of Banknptef, 
London, div. — Henry Famcombe Hodeon, Romford, Essex, 
ironmonger, AprU 30 at 12, Court of Bankruptcy, Londoo, 
fin. div.— JoAfi Johnecn, Great Winchester-st., LondoD, mer- 
chant, April 30 at 12, Court of Bankruptcy, London, fin. 
di^, ^Frederick Long, yerB.street, Oxford-street, Middleiei, 
importer of foreign lace, May 7 at 11, Court of Bankraptq, 
London, div.— ito^sr^ Alliwn and Thoe. Allieon, Dean-stittt, 
Sofao, Middlesex, pianoforte manufiictureni, May 7 tt 11, 
Court of Bankruptcy, London, dir.— JionaA Wettley, FUj- 
house-yard, London, bookbinder. May 6 at 11, Coait d 
Bankruptcy, London, div.— Csle6 Wm. BlKott, Aylesbury, 
Buckinghamshire, grocer, May 7 at 11, Court of Banknptej. 
London, div. — Dnmae Bonnet, Mark.bne, London, u^ 
Golden-square, Westminster, Middlesex, wine merdantt 
April 30 at 11, Court of Bankruptcy, London, diY.-WaUer 
M*Dowall and Ralph Brown, Pemberton-row, Goagb-sqoare, 
London, printers. May 1 at 12, Court of Bankruptcy, London, 
diT. sep. est. of IT. M*DowalL^Jamee BaUingaU, Edward. 
street, Portman-square, Middlesex, pianoforte maker, May 1 
at half.past 11, Court of Bankruptcy, London, div.— /e»A 
BoxaU, Brighton, Sussex, ooachmaker, April 30 at 12, Court 
of Bankruptcy, London, diy.— Frederick Palmer, Bristol, 
wine merchant. May 14 at 11, District Court of Bankrupted, 
Bristol, first and fin. div.- J{o6«rl Jackeon, Nottingfaia. 
butcher, AprU 30 at half-past 10, District Court of Bankraptej, 
Nottingham, diT.— ffeitry Morris, Stourbridge, Woroester- 
shire, grocer. May 1 at half.past 10, District Court of Bu^- 
ruptcy, Birmingham, div.- /oAa Lilley and Alfred AtkmtJl, 
Liverpool, merehants, April 30 at 1 1 , District Court of Bank- 
ruptcy, Liverpool, div. sep. est. of A. Ashmall.-^IV. Ba/Mt, 
Leeds, Yorkshire, flax spinner, April 30 at 11, District Cout 
of Bankruptcy, Leeds, dxY.^Wm. Dyson, Wakefield, York- 
shire, grocer. May 10 at 12, District Court of Bankmptcf, 
Leeds, fin. div. 

CUTIVICATBa. 

7b he allowed, unieu Camse be shewn to the eontrarpsnv 
before the Day qf Meeting. 
Thos. B. Barnes, Thaxted, Essex, surgeon, May 6 tt \% 
Court of Bankruptcy, London.— T^omM Burtenshaw, Sooth- 
wark.bridge-road, Surrey, builder. May 1 at 12, Court ot 
Bankruptcy, London.— JSowloswi Baieman and Robert Heri- 
wieke, Umy.street, Linooln's-inn, Middlesex, printers, Apnl 
30 at half.past 11, Court of Bankruptcy, London.— fTi** ^ 
Spencer, HoUand-street, Blackfriars-bridge, Surrey, mnstinl 
manufacturer, Mej 1 at half.past 11, Court of Bankruptcy. 
London.— £diMrtf£r. Palmer, Boston-road, Brentford, Mid- 
dlesex, common brewer, April 30 at 11, Court of Bankmptcyf 
London.--IFiii. Williams, Wm. Williams the younger, od 
Thos. R. Williams, Newport, Monmouthshire, bankers, Mty 
10 at 12, Dbtrict Conrt of Bankruptcy, BriatoL— O. Sherlock, 
Hnhne, UncMhire, joiner, May 1 at 12, IHrtrict Court of 



THE JURIST. 



125 



Bankmptej, Manchester. — Geo. Milnet, Falagnve and Scar- 
boroagh. Yorkihire, cloth merchant, May 3 at 12, District 
Court of Bankruptcy, Leeds. 

7b ke grmmttd, mnleu on Appeal be dulp eniered. 

Jekm F. Cole^ Toy Hotel, Hampton Conrt, Middlesex, yic- 
tsaller. — Heme Croeby, Bomley, Lancashire, Unendraper. — 
Jkmiei Jlbrlo*. Walsall, Staffordshire, chemist.^ FT. Worley, 
Smctliwibk. Suffordshire, licensed victoaller.-^/oAii 0*Jkmnel, 
ShefBdd, Yorkshire, grocer. 

Scotch Siqusstkations. 

JoMn DnideoH, Glasgow, Krocer.— /lo^erf Haiff Simpeon^ 
Glasgov, coalmaster. — John Paiereon, Killeonan, near Camp- 
bdltown, farmer. — D: Macphereon, Dingwall, hotel keeper. 
— T%oma9 6. AUan and Peter Lipktbody, Glasgow, cabinet 
makers. — Archibald McLaren, Glasgow, provision merchant. 
—Tkomae LeeeHe, Edinbnrgh, hay dealer.— IS/ix. Baird or 
Morrieomt widow, Glasgow, innkeeper.^-/. M* Robert , Dam- 
fHea, bookseller. 

INSOLVENT DEBTORS 
Wh9 kme fled their Petitione in the Court of Bmmkruptef, 

emd hmte obtained an Interim Order for Protection from 

ProeeeOm 

Georsre H, Pollard^ Bristol, boat bnilder, April 21 at 11, 
Connty Court of Gtoaoestershire, at Bristol.— W. BatterehUl^ 
Bristol, retailer of beer, May 5 at 11, Connty Conrt of Glon- 
cesterthire, at Bristol. — Charlee Hiffge, Stapleton, Glouces- 
tenhire, maaon. May 5 at 11, County Conrt of Gloncester- 
■hire, at Bristol. — John Hatfordt Bristol, scavenger, April 21 
at 11, Connty Conrt of Gloucestershire, at Bristol.— /oAii 
Riley f StaTerton, Devonshire, ont of business, April 29 at 11, 
County Conrt of Devonshire, at Totnes. —Afenry MiteheU, 
'Windtester, Hampshire, licensed victualler, April 27 at 11, 
Connty Court of Hampshire, at Winchester.— IFm. 7!lur/- 
^oum, Cambridge, Utlor, April 26 at 10, County Conrt of 
Cambridgeshire, at Cambridge.— Aifflponf C^ift, Bury St. Ed- 
mnad's, Suffolk, butcher, April 26 at 10, County Court of 
Suffolk, at Bury St Edmund's.— .Saimce/ OooeA, Wissett, Suf- 
fblk, bcer-bouse keeper, April 22 at 12, Connty Conrt of Snf* 
folk, at Halesworth.— ^e<2. niMt, RedenhsU with Harles- 
ton, Norfolk, cabinet maker, April 19 at 1, County Court of 
Norfolk, at Harleston.— 22o6/. Marehlain, Westleton, Suffolk, 
farmer, April 22 at 12, County Court of Suffolk, at Halesworth. 
— Daniel Hudetm^ Kirton, Suffolk, saddler, April 24 at 10, 
Coonty Conrt of Suffolk, at Woodbridge.— 7Aos. Bantforth, 
Lintfawaite, Almondbory, Yorkshire, shoemaker, April 22 at 
10, County Court of Yorkshire, at Huddersfield. — John Field, 
Lockwood, Yorkshire, cattle doctor, April 22 at 10, County 
Court of Yorkshire, at Hnddersfield.— George Henthwaiie, 
Huddersfidd, Yorkshire, cabinet maker, April 22 at 10, 
Connty Court of Yorkshire, at Hudders6eld.— Aodf. Wharton, 
Brouf^, Westmoreland, butter carrier, April 21 at 11, County 
Covrt of Westmoreland, at Appleby. — George Hogg, Nook- 
gate, Kirkandrews-on-Esk, Cumberland, shoemaker, April 26 
at 10, Connty Court of Cumberland, at Carlisle.— rAomas 
Grotiener Hill, Walsall, Staffordshire, beer-shop keeper, 
April 23 at 12, County Court of Staffordshire, at Walsall.— 
Jamee AehweU, Caldmore, Walsall, Staffordshire, licensed 
Tietoaller, April 23 at 12, County Court of Staffordshire, at 
Walsall. — /if cAar<2 Griffith, Defeity, Llangefni, Anglesey, 
former, April 29 at 10, County Court of Anglesey, at Llan- 
gefhu — Noah Harrie, Lye, Oldswinford, Worcestershire, 
forgeman, April 19 at 10, Connty Court of Woroeatershire, at 
Stourbridge. — William Godeland the elder, Upton Heliions, 
Devonshire, miller. May 3 at 10, County Conrt of Devonshire, 
at Crediton. — Jamee Johneton, West Marton, Craven, York- 
shire, gardener, April 23 at 10, County Court of Yorkshire, 
at Skipton.— itoder/ Langmead, Totnes, Devonshire, pork 
butcber. April 29 at 11, County Conrt of Devonshire, st 
Totnes.— /o^epA Sandere, Tockbury, Bromsgrove, Worcester- 
sbire, miller, April 26 at 11, County Conrt of Woroettershire, 
at Bromsgrove. 

The following Pereone, who, on their eeveralPetitUme filed in 
tic Omrt, have obtained Interim Ordere for Protection 
from Proceee, are required to appear in Cowrt ae heretn' 
after mentioned, at the Court-houee, in PoringaUetreet, 
JAncoWe Inn, ae followe, to be oMamined and dealt with 
meearding to the Statute .— 

April 24 at 11, b^ore Mr, Conmneeioner Phillips. 
Jmnee WiiOf Liverpool-street, Biahopsgatet London, shoe- 



maker.— Jamee Godfrey Eleter, Hans-place, Sloane-street, 
Chelsea, Middlesex, assistant manager of the Anclo-French 
Trust and Agency Association. — John Baker, winchmere- 
hill, Edmonton, Middlesex, cowkeeper.^-JoAn /ames iSAerley, 
Twickenham-common, Middlesex, servant to a horse dealer. 

April 26 at 10, biforeMr. Oommieeioner Law. 
John Fi^aneie Wateon, North-side, Bethnal-green-road, 
Middlesex, bricklayer. 

April 26 a/ 11 , b^ore Mr. Commieeiomer Phillips. 
Robert Archibald MiddUton, Sonth-stieet, Islington, Mid- 
dlesex, ont of business. 

The following Prieonere are ordered to be brought up brfore 
the Court, in Portugal-etreet, to be examined and deali 
with according to the Statute t-^ 

April 23 af 11, before the Chief ComcisaioNXR. 
William Aldred, Westmoreland-place, Southampton-street, 
Camberwell, Surrey, com dealer. — Thomae Roee Conngnf 
Homsey, Middlesex, out of busincM. 

April 23 at 10, brfore Mr. Cbnuntitjoaer Law. 
TTkomoM Keeleg, Onslow-terrace, Lorimer-road, Walworth, 
Surrey, out of business.— i/oAa Godfrey, Upper Islington- 
terrace, Bamsbury, Middlesex, sheep salesman.— IFm. John 
Wake, Printer's -place, Churcb-row, Bermondsey, Surrey, 
bricklayer. 

April 24 af 11, btfore Mr. Commieeioner Phillips. 
Bernard Emanuel Brooehooft, Regent-street, Kennington, 
Surrey, extra clerk in the Duchy of Ck^mwall-office, Somerset 
House, Strand, Middlesex. — Samuel Priddle, Prince's-street, 
Cavendish-square, Middlesex, tailor. 

April 26 ai 10, b^ore Mr. Commieeioner Law. 
John Fuller, Uxbridge-moor, Middlesex, tobaoeo-pipe 
maker. — leaiah Smart, Somerset-plaoe, Rotherhithe, Surrey, 
ont of business.— George Shatwell, Fidi-street-hill, London, 
out of employment. — Thomae Peareon, Minories, Middlesex, 
out of business. — Richard Thomae Petere, Clayton-plaoe, 
Kennington-road, Kennington, Surrey, not in any bnsiness. 

County Court of Lancaehire, at Laneaeier. Aeeigneee haw 
been appointed in the following Caeee:— 
Chrietopher Bullen, Preston, out of business ; J. Black* 
hurst, assignee. — Thomae Jamee Whidbome, Tranmere, near 
Liverpool, out of business; Wm. J. Baker, assignee. — Thoe* 
Cooke Ilife, Culcheth, near Leigh, rope manufacturer ; John 
Turner, assignee. — Robert Ydtee the younger, Oldham, ont of 
employment ; Frederick Butterfield, assignee. — Jamee Pmmn, 
Salford, gardener ; Joshua Bowker, assignee. — B. JoeepheoUf 
Liverpool, shopman ; Wm. B. Willett, assignee. — B. Ftrth, 
Oldham, licensed victualler; Richard H. Rhodes, assignee.— 
Thureton Newton, Ashton-nnder-Lyne, out of hnsinen ; F. 
Perry, assignee. 

The following Prieonere are ordered to be brought up b^ore 
a Judge of the County Court, to be examined and dealt 
with according to the Statute:—' 

At the County Court qf Shropehire, at SHanwsBvaY, 
April 20 at 10. 
Milee Green, Wellington, tailor. 

At the County Court of Lancaehire, ai LANCAsnm, 
April 23 at 11. 

Robert Fildee, Salford, out of employment. — Hugh S, 
Smith, Manchester, out of business.— /fony Beniley, Salford, 
ont of business. — John Challinor, Manchester, plasterer.— 
Joeeph H. Farrand, Liverpool, out of business.— /oAii Birehp 
Bury, grocer.— /amet Preecutt, Little Bolton, joiner. — Jamee 
Wood, Manchester, fruiterer. — Thomae A. Owen, Heaton 
Norris, shoemaker. — M, Metcalf, Liverpool, out of business* 
— George Kilby, Liverpool, out of business. — Richard Banke, 
Hindley, near Wigan, shoemaker.— /oAn Turner, Pendleton, 
near Manchester, brewer. — Wm. Robineon, Burnley, white- 
smith.— TTm. Dale, Manchester, licensed victna!ler.—Pe/er 
Jonee, Heaton Norris, near Manchester, brushmaker. — Sim&n 
Wolff, Liverpool, surgeon. — Jamee Lyon, Hnlme, out of 
business.^ FTm. Hodgeon, Lancaster, butcher. 
At the County OmrtqfPembrokeehire, at HAvaaposuDWSST, 
April 2Z. 

EliMa Bennett, Pill, Milford H«?eD, dfwinuker. 



126 



THE JURIST. 



Ai th€ Grnnif Oauri of Bites, at Chilmsford, Aprii 24. 
John P. Uwhu, StiflTord, fiumer.— /am«« Chariee Poukti, 
Woodford, oot of badness. 

At i*e Countp Court qf DerbytlUre, at Derby, April 24 

at 11. 

Benjamin Ath, Great Hncklow, farmer, — Robert Howe, 

Oreat Hncklow, fanner.— /oA» Bramwell, Little Hucklow, 

firmer. — John H. H, KeeUng, Great Hacklow, blacksmith. 

AS the County Court rf Cumberland, at Carlisle, April 26 
at 10. 
Wm. Leech the younger, Gosforth, butcher. — B, Irving, 
Cistle Sowerby, out of bnaiiiess. 

At the County Court of Cambridgeehire, at Cambridoe, 
ApHl 26 at 10. 
Bobert Brieheno, Rdboum, horse dealer. 

At the County Court qf Yorkehtre, at York Cabtle, 
Apnl 26 at 10. 
Jamee H, Hepworth, AlTcrthorpe, sear Wakefield, com- 
mercial traveller.— /antes Beckett, Hnddersfield, hosier. — /. 
Oraoen, Leeds, out of business. — Biehard Sharp, Middlesbo- 
xoQgh, tailor. — Robert Heath, Leeds, muffin msiker. — Charlee 
H» BraithwaUe, Leeds, out of business.— /smei FT. Turner, 
York, butcher.— Barnes Shaw, Huddersfield, plasterer. — B. 
Beanland, Tong, near Bradford, engine tenter. — R. Wilaon, 
Wakefield, farmer. — William Raynee, Huddersfield, out of 
business. — Thoe. Bedford, Shitlington, near Dewsbury, com 
miller. — Matthew Booth, Haliiiuc, fkrmer. — John Samuel 
Hawthorne, Leeds, cabinet maker. — Aineley Dobson, Morley, 
near Leeds, out of business. — Oeorge Corbitt, Sheffield, out 
of business. — Daniel Brearley, Bradford, out of business. — 
Biehard Deam^fMd, Huddersfield, woolstapler.— fFitfioin W, 
Mllnee, Lockwood, near Huddersfield, assistant groecr. — B. 
Wilson, Leeds, out of business. — Joeiah Schorah, Leeds, 
hairdresser. — Roger Gill, Leeds, out of business. — /. Pjontey, 
Iieeds, book-ckiq> manufacturer. — Thomiu Feamley, Leeds, 
out of busmess. — Henry Hayloy, Huddersfield, currier. — 
Btchard Hayley, Huddersfield, ourier. 

At the County Court qf Westmoreland, at Apflebt, May 
19 at 10. 
Oeorge Beid, Grasmere, gardener. 

TUESDAY, April 13. 

BANKRUPTS. 

DATID FRA8ER LUCKIE, FeDohurdi-st., London, mer- 

dnnt, (trading in eo-partnership with George John I^cMe, 

hi London, and at George Town, Demerara, British Guiana, 

imder the style or firm of Luekie, Brothers, & Co.), 

April 23 at half.past 12, and May 29 at 11, Court of Bank. 

ruptcy, London : Off. Ass. Pennell ; Sols. Sole & Turner, 

68, Aidermanbury, London. — Petition dated April 10. 

JOSEPH WOOD ACKROYD, Bradford, Yorkshire, 

worsted spinner, dealer and du^man, (surviTing partner of 

one Francis Bumup, lately deceased, carrying on business 

under the style or firm of Bumup & Ackroyd), April 30 and 

May 28 at 11, District Court of Bankruptcy, Leeds: Off. 

Ass. Young ; Sols. WavaU & Co.,.Ha]i£u.— Pelitaon dated 

April 6. 

SAMUEL HODGETTS BRQiOKES, Gwersyllt, Gresford, 
Denbighshire, wire manufacturer, April 23 and May 20 at 
12, District Court of Bankruptcy, Liyeroool: Off. Ass. 
Tomer ; Sols. Eyans & Sons, Liverpoof. — Petition filed 
April 10. 

Mbetikob. 
Christopher Steadmantaid Charles SiddaU Bakewell, Man- 
diester, joiners, April 24 at 11, District Court of Bankraptcy, 
Manchester, last ex. — WiUiam Byrom, Henry Taylor, and 
Thos. Byrom, Manchester, Liverpool, and Wigan, Lancashire, 
ooal proprietors, April 23 at 12, District Court of Bankraptcy, 
Manchester, last ex. of joint est. ; May 6 at 12, dir. sep. est. 
of Thos, Byrom, — Isaac Hodghinson, Boltoa-le-Moors, Lan- 
cashire, ironfoonder, April 26 at 12, District Court of Bank- 
raptcy, Manchester, last ex. — PhUip Phillips, Crowland, Hol- 
land, Lincolnshire, common brewer, May 5 at half-past 12, 
Court of Bankraptcy, London, aud. ac. — Geo. Belts, Fam- 
oett St. Peter's, Norfolk, draper. May 5 at 1, Court of Bank- 
ruptcy, London, and. acW. Simmonds, Blandford Forum, 



Dorsetshire, builder. May 5 at 12, Court of Baolnuptey, 
London, aud. ac. — Biehard Billing the elder and Biehard 
Billing the younger,. Reading, Berkshire, brick maken, 
May 5 at half.past 12, Court of Bankrapti^', London, and. 
ac-^Wm. Steel, Penchureh-st., London, tailor, May 6 ait 12, 
Court of Bankruptcy, London, and. 9e,-^Bei^amin Tipper, 
Maiden-lane, Qoeen-st., Cheopside, London, wholesale sta- 
tioner, April 23 at 11, Court of Bankraptcy, London, wsd. ae. 
-^John Hunt, Edgeware-road, Middlesex, draper, April 23 st 
11, Court of Bankraptcy, London, aud. ae,— James BoxaU, 
Brighton, Sussex, coachmaker, April 24 at 1, Court of Bank- 
raptcy, London, aud. ac. — AJtfired Markwiek, Martin's-lane, 
Cannon-st., London, manufacturer, April 24 at half-past 12, 
Court of Bankraptcy, London, aud. ac.— William Roberts, 
Warren-st., Camden-town, Middlesex, builder, April 27 it 
11, Court of Bankraptcy, London, aud. ac. — Oeorge Ba nntii 
and Ales. Booth, Long-acre, Middlesex, dealers in Scotch 
whisky, April 22 at 12, Court of Bankraptcy, London, and. 
ac. — John Grinsell, WoWerhampton, Staflbrdshire, grocer, 
April 26 at half.past 10, District Court of Bankraptcy, Bir- 
mmgham, aud. ac. — Daeid Jerons, Tipton, StalFordsldre, 
grocer, April 26 at half.past 10, District Court of Basrimiptty, 
Birmingham, aud. ae.— Charles Burgin, HoUis Croft Sted 
Works, Sheffield, Yorkshire, steel mannfocturer, April 24 st 
10, District Court of Bankraptcy, SheffieU, and. ac^ 
Qeorgs Harrison, Frith-st., Soho-sq., Middlesex, ironmooger. 
May 4 at 11, Court of Bankraptcy, London, diT. — Oeorge 
Senior, Fordingbridge, Southampton, apotiieoary. May 4 at 
half-past 12, Court of Bsnkraptcy, London, diY. — William 
Petferley and John Ayrey Charlton, Sunderlaiid near the Sea, 
Durham, shipbuilders. May 7 at 1, District Court of Boak- 
raptcy, Newcastle-upon-Tyne, ^r.—Joseph Lueas Herroeks, 
Manchester, merchant. May 7 at 12, District Court of Bank- 
ruptcy, Manchester, diT.— >/oAfi B, Taylor, liTcqpool, eom- 
mission agent. May 6 at 11, District Court of Bonkroplqr, 
Literpool, dir. 

CEETinOATES. 

7b be atlowed, unless Causs be shewn to the eontrary on or 
btfore the Day qf Meeting. 
Wm, Knock, Eton, Buckinghamshire, nurseryman. May 2$ 
at half-past 12, Court of Bankraptcy, London. — John A. C. 
Beimann and John O, Oeller, Liverpool, merchants. May 7 
at 11, District Court of Bankraptcy, Liverpool. — SSdiqr 
Sherlock, Liverpool, wine merchant, May 5 at 11, Distriec 
Court of Bankrapt^, Liverpool.— /oAn Bllison, Liverpool, 
ironmonger. May 4 at 11, District Court of Bankruptcy, 
LiverpooL 

3b be granted, uttleas an Appeal be duly entered. 
Mary Ann Keell, Liverpool, oofiee-house keeper. — John 
Mco/,.Kingston.upen.Hull, broker.— 7Aos. Riabi mo on^ Ki^- 
ston-upon-Holl, broker. 

Scotch Seovesteations. 

James Paterson, Campbell-town, distiller.— HIm^A Oaiome, 

Newmilns, innkeeper. — JoAn Crighton Sf Sons, Dunnmg, 

wool manufacturers. — John Richmond, Greenock, slioemaker. 

—Robert Douglas, Hamilton Farm, near Falkirk, cattle dealer. 

INSOLVENT DEBTORS 
Who have filed their Petitions in the Court qf Bamkrupiey, 
and have obtained an Interim Order for Protection from 
Process. 

Isaac Abrahmns, Paulton, Somersetshire, watchacuikcr, 
April 17 at 11, County Court of Somersetshin, at Clnttoii.— 
Joseph Critchfield, Psngbonme, Berkshire, butcher's *«****■*». 
May 3 at half-past 10, County Court of Berkshire, at Reading. 
—John WakifiOd, Reading, Berkshin, grocer. May 3 at hatf- 
past 10, County Court of Berkshire, at Reading. — Tbeaotki 
Brown, Shinfield, Berkshire, blacksmith. May 3 at half-psst 
10, County Court of Berkshire, at Reading.— Vbikn Bdwttrds, 
Newchnreb, Romney Marsh, Kent, bricklayer, April 21 at 11, 
County Court of Kent, at Romney. — Bdward Puleeton, Hy- 
month, Devonshire, cabinet maker. May 13 at 11, Coonty 
Court of Devonshire, at East Stonehouse. — Charles Maddos, 
Abergwilly, Carmarthenshire, out of business, April 27 at 2, 
County Court of Carmarthenshire, at Carmarthen. — Wm. J. 
Allen, Southley, Datchet, Buckinghamshire, carpenter. May 5 
at 10, County Court of Berkshire, at Windsor.— IT. Dams, 
Cheltenham, Gloucestershire, builder, April 27 at 10, County 
Court of Glonoeflterahire, at Cheltenham.— -imomsw Tayior, 



THE JURIST. 



127 



MoDmoath, oot of businen, May 3 at 11, Comity Court of 
Monmoathtbire, at Monmoatb. — John Hollandt Rhosymedre, 
Raaboo, Denbighshire, builder, April 26 at 10, County Court 
of Deobigfaahire, at Ruabon. — Samuel Jone^t Groffield, Aber- 
gaTenny, MoDmouthshire, carpenter, April 19 at 10, County 
Cout oi Monmouthshire, at Abergavenny. — Robert Hodgson, 
NevoBatle»apoD-Tyne, proyiaion dealer, April 29 at 10, 
County CiNirt of Northumberland, at Newcastle. — R, Rtid, 
Newcasde-upon-Tyne, chemist, April 29 at 10, County Court 
of Northumberland, at Newcastle. 

Tko foUemimg Perwne, wko, on their several Petitimu filed 
m tJke Court, have obtained hUerim Orders for Protection 
Jrom Proeese, are required to appear in Court as herein-' 
^fier manOoned, at the Court-house, in PortugaUstreet, 
Umeaim's hm^ as follows, to be examined and dealt with 
aeearding to the Statute: — 

Aprii 28 at II, before the Cnimw CoifMiaaioNsm. 
Edward MiUer, West-street, Smitbfidd, London, not in 
any biuiiieM. — John Connerton Perry, Tooley-street, South- 
wark, Surrey, attorney- at-law. 

April 28 at 10, b^ore Mr. Commissioner Law. 
George Pettit, High-street, Hackney, Middlesex, green- 
grocer. — WHliam White, High-street, Kensington, Middlesex, 

Aprii 22 at 11, b^fbre Mr. Commissioner Phillips. 
Jam e s Fry, Sunbary, Middlesex, out of business. 

Saturday, April Id. 

Orders have been made, vesting in the Provisional Assignee 

the Estates and Effects of the following Persons: — 

(On their own PetitionsJ. 

Edward Ftnmore, Egham, Surrey, tailor : in the Gaol of 
Surrey. — Charles Baker, Albion-tenace, Dalston, Middlesex, 
haker: in the Debtors Prison for London and Middlesex. — 
John Crabb the younger. Barrow-wheel-road, Portland- town, 
St. J<dia'»-wood, Middlesex, shoemaker: in the Debtors 
FHaon for London and Middlesex. — William Todd, Cromer- 
stre«t, Gray's-inn-road, Middlesex, baker: in the Debtors 
PriKBiifor London and Middlesex.— JoAn Hawke, St. John's- 
wood, Middlesex, clerk in the Australian Auriferous Gold 
Mining Company: in the Debtors Prison for London and 
Ifiddlesex. — Daniel Staight, Charles-street, Hatton-garden, 
Middlesex, irory cutter : in the Debtors Prison for London and 
Middlesex. — John Wright, Popham-plaoe, Lower-road, Isling- 
tofn, Middlesex, beer-shop keeper : in the Debtors Prison for 
London and Middlesex. —/oAii Bath, Strand, Middlesex, 
cabinet maker: in the Debtors Prison for London and Middle- 
aex. — William Garratt, Brindley-street, Harrow-road, Mid- 
dlflBex, upholsterer: in the Debton Prison for London and 
Middlesex. — William Blundon, Pamham-plaoe, Back-road, 
Rnddiile, Middlesex, leather seller on commissions in the 
Debtora Prison for London and Middlesex.^Pa/HcA Stewart, 
Acre-lane, West Brixton, Surrey, clerk in the Ordnanoe* 
office: in the Queen's Prison. — Thomas Lyles FUehmarsh, 
GhQtspnr-street, London, out of business: in the Debtors 
Prison for London and Middlesex. — James Wood, Hulme, 
Manchester, fruiterer: in the Gaol of Lancaster. — G«or;^e 
Kiiiy, Liverpool, printer : in the Gaol of Lancaster. — John 
ChaiUmor, Manchester, plasterer : in the Gaol of Lancaster. — 
Buckley Royle, Hulme, Manchester, warehouseman : in the 
Gaol of Lancaster.— iZo^er/ FUdes, Cheshire-view, Pendleton, 
SaUbrd, Lancashire, salesman: in the Gaol of Lancaster.^— 
Hm§h Stepheneon Smith, Manchester, trunk maker: in the 
Gaol of Lancaster.— JToilfi Potter Uwins, Stafford, Essex, 
frrmer : in the Gaol of Springfield. — James Bower the younger, 
Flathouse, Portsea, Hampshire,, farmer : in the Gaol of Ports- 
month.— VbAn Scott Hunter Williame, Bristol-road, near 
Bristol, Gloucestershire, surgeon : in the Gaol of Gloucester. 

James Lyon, Hulme, Manchester, yarn agent : in the Gaol 
of LsnoBSter. — George Coulsan, Newcastle - upon - Tyne, 
grocer : in the Gaol of Newcastle-upon-Tyne. — Charles 
Mmrpky, Brookside, Herefordshire, coachman : in the Gaol 
of Gloucester. ^ /oAn Dobhy, Osmotherly, near Northal- 
lerton, Yorkshire, flax dresser: in the Gaol of York. — 
Habert George Moore, York, commission agent : in the Gaol 
of Yoiir.— /ot^A Bameden, Lepton, near Huddersfield, York- 
shire, wooUen spinner : in the Gaol of York. — John Jessop, 
I>ewsbury, Yorkshire: in the Gaol of York.~/oA» Hiil, 



Chester, following no business : in the Gaol of Warwick.—/* 
Knight, Wettenhall, near Oyer, Cheshire, farmer : in the Gaol 
of Chester.-^Joiie Thick, Farringdon, near Alton, Southamp- 
ton, out of business : in the Gaol of Winchester. — J. Wood" 
house, Salford, Lancashire, out of employment : in the Gaol 
of Lancaster.— 6. Court, Stogursey, Somersetshire, maltster: 
in the Gaol of Wilton.— /mnet Priekett, Oxford, butler of 
Trinity College, Oxford : in the Gaol of Oxford. 

7^e/o//owtii^ Prisoners are ordered to be brought up before 
the Court, in Portugal-street, to be examined and dealt 
with according to the Statute:^ 

April 28 0/ 11, brfore the Chixf Commibsionxr. 
Joseph Butter, Union-street, Deptford, Kent, out of busi- 
ness.— iZ. V. PhiUpotts, Great Bell-alley, Moorgate-street, 
London, Seigeant-at-Maoe to the Sheriffs of London. — /. Mm 
Nolan, St. Alban's-terraoe, Kennington-road, Lambeth, Sur- 
rey, out of business. — Wm. T. Wise, Ponsonby-plaoe, Pim- 
lieo, Middlesex, Aoemaiker.'-^Andrew Eardley^ filadcfkiart- 
road, Surrey, out of business. 

April 29 at 11, bifore Mr. Comwussioner Phiuips.. 

Thomas Gunner, Russell-street, Southwark, Surrey, wheel- 
wright.— /oAn Burridge, Rupert-street, Westminster, Mid- 
dlesex, out of business. — Isaac Gabriel Costa, Plummer's- 
row, Whiteohapd-road, Middlesex, out of business.^-/oAfi 
Costar, Cambridge-terrace, Hyde-park, Middlesex, lodging- 
house keeper. 

The following Prisoners are ordered to be brought up brfore 
a Judge ^f the County Court, to be examined and deaU 
with according to the Statute .— 

At the County Court of Carmarthenshire, at CAUtAaTKnK, 
J^rU21 at2. 
Edward E. D. Grove, Llanelly, attorney* 

At the County Court qf Hampshire, at WiKCKxanK. 
April 27. 
James Jolliffe, Bonchurch, near Yentaor, painter. — Jtm$ 
Thick, widow, Farringdon, near Alton, out of business. 

At the County Court qf Gloucestershire, at the ShirehaU^ 

Gloucxstbk, April 29 at 10. 
Charles Murphy, Brookside, Herefordshire, coachman. 

At the County Court of Gtoueeeiershire, at Gloucxbtbk, 
April 29 at 10. 
John S. H. WUliamSf Bristol-road, near Bristol, out of ba- 



At the County Court qf lHaHhmmbarlsmd, at NswcAvnui. 
vpok-Ttub, Aprii 29 at 10. 
F)red. Haywood, Newoastle-upon-Tyne, anctioneer.^Qf, 
Ooulson, Newcastle-upon-Tyne, grocer. 

At the County Court of Monsnouthshire, at Monmoutb, 
May ^ at II. 
Further Hearing* 
David Parry, Trosnant, Pontypool, common brewer. 



The Riffht Hon. Sir John Jervis, Knt., Lord Chief 
tfustioe of her Majesty's Court of Common Pleas at 
Westminster, has appointed the foUowing Gentlemen 
to be Perpetual Commissioners for taking the acknow« 
ledgments of deeds to be executed by married women e 
— (xranville Leveson Gower Ward, of the city of Dur* 
ham, in and for the city of Durham, also in and for the 
county of Durham ; James Pashlev Burbearv, of Shef* 
field, m the county of York, in and for the West Riding 
of the county of York. 



SUPPLEMENT TO ARCILBOLI>*B CRIMINAL LAW. 

RacMitlyjpiiUishsd, in rojal 12mo., nric* U. Sd. doth, 

THE NEW LAW of INDICTMENTS, comprising Lord 
CampbeU't AdminittradoB of Criminal Jiutio9 Impromncnt Ael^ 
an Act for the bettar PxavantSon of Ofltaaai, and an Act to auMnd ths 
Law relating to the Expense! of Proeeootioni, Arc; with Introdnotofy 
Obeerrations on the Law of Criminal Pleading; an Analyiii of ths 
Requiaitea of IndictmenU onder the Statnte; and praetioal Notes sad 
Forme. BjR.lL PEARCB, Baq^ Banister at Law. 

8. Sweetf 1, Chancerj-lane; and V. and R. Stereni ft O. 8. Noitoil, 
Bell-Tard, LiacolB'a-inn. 



128 



THEJURIST. 



VBMO IIBI YIYAT. 

DISEASED, DECLINED, AND HBAL^HY LIVES ASSURED. 

MEDICAL, LEGAIi. and GENERAL MUTUAL LIFE 
ASSURANCE SOCIETY, lU. Stnad. 
EtUblishedinl846. 

TBUITBSS. 

James Copland, M. D., F. R. S. | The Right Hon. the Matter of the 

John Billingtley Parry, E«q., Q.C. Rulb. 

Vera Fane, t»q, \ James RosseU, Esq., Q. C. 

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T. W. Greene, Esq., Linooln's-inn. 

Richard Jebb, Esq., LIneoln's-ina. 

•J. C. W. Lever, M. D., Gay's Hoapital. 

•W. J. Little, M. D., London Hospital. 

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So:^xciTOBs.— MeMia. Pooley, Beisley, ft Reed, 1, Linooln's-inn-fl«lds. 

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o'clock, and on Thursdays at four o'clock. 

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to them for their professional opinion. 
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N. B.— Loans granted. 

LONDON AND PROVINCIAL LAW ASSURANCE 
SOCIETY, 
No. 82, Nbw Bbibob-stbbbt, Biacxvbiabs, Lovoov. 
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ASHLEY, Tht Hon. ANTHONY JOHN, Linoolji't Jnn* 
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CLAftK, JOHN, E«q., SeuJoiu llauie, Loo don. 
EYHE, WALPaLH. Esq.. Bryioit^D* iqiiarc. 
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nVQttm, HENKYp E^q.. Clfimeiit'i Inn. 
J AT. S A MITEL, Eta,, Lincotn*i Inn. 
JOKES. JOHN OLIVER, Eiq., I. Upper BflafHrd-pl«s». 
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LAW\ IIKNRY SHEPHAHD, Kfc]., Dwihlanft. 
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EEBVE, PHILIP, Eiq., Uncolafilnn. 
STEWARD, SAMUEL, Eaci.. Llnraln'i-lnit-fleldi. 
TltLEARD. JOtiN. Eiq. OJd Jtwfv, 
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TYRRELL. TIMOTHY. Eiq., GulMhall. 
TI2ARD. WIMJAM. EJfq.. »i,Lineoln^i'iBii>6i!ld*. 
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WOO D ROUFFE, W ILLl AM , E*q . , LSii^olw** Inn, 
WJlOXX£^L£¥, lh« Hgp. WALTER, LiBColB't Inn. 

Pbtsicxav.— H. PITMAN, M. D., MonUgue-plaoe. 

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ROBERT CURLING, Em}., Prederick's-pUee, Old Jewiy. 
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The most unexceptionable references and security will be required. 
Apply, by letter onlv. prepaid, to C. D., at Messrs. Skllbeck ft HalTf, 
19, Southampton-buildings, London. 



A GENTLEMAN, who has lately heen admitted, wishes to 
undertake the MANAGEMENT of the CONVEYANCING 
DEPARTMENT of some good OPFICB. The whole period of his 
articles was apent in a large conveyancing office in the country, and 
the last twelve months in the chambers of an eminent convevsncer. 
The best references will be given. Address to F. H., care of Messrs. 
Swale ft Wilson, 21, G^reat RutiQll-Atreet, Bloomsbury. 

81R*E.~8UGDEN ON TH E LAW~6FVENDORS AND 

PURCHASERS. 
Just published, in 1 thick vol. 8v6., price I/. 1«. cloth boards. 

ACOhfCISE and PRACTICAL VIEW of the LAW ol 
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This Society embraces eviery known advantage offered by nisting 
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The Mutual Systkm, securing all its advantages without its risks or 
liabilities — an important consideration to Assurers. 

The PnopniBTABT System, with the full benefits of its acknowledged 
security, simplicity, and economy. 

The Accumulative or Deposit System, introduced by this Society, 
uniting Life Assurance with the convenience of a Deposit Bank. 

SsLF-vaoTSCTiitG POLICIES, also introduced by this Society, em- 
bracing, by one PoUcy and one rate of Premium, a Life Asauianee, an 
Kidowment, and a Deferred Annuity. 

Ha LP Pbemiums for stipulsted periods. 

LoAVS with commensurate Assurances. 

QUABTEBLY Or HaLP-YEARLT PBEMIUMS. 
IVOISPUTABLB POLICIES. 

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,6:^- 




No. 798— Vol. XVI. 



APRIL 24, 1862. 



Price I*. 



NAMES OF THE CASES REPORTED IN THIS NUMBER. 



ConvT OF Chancsrt. 
Bjfpmie Higgiwcm, m re Higghnon,— ( Iteii t r np l c j p- ■ 

Ori^Seute^Eekemrimf) 319 

Court of Afpbal in Chancbrt. 
MornoD 9. MoaL—(TTk€ U$e qf tk§ 8§cr€t qf am mm- 
ptUmied Mmfemtiom, commmmie&ted im Brmeh qf 

On^Uoiee, rmtrmned by It^jumeliom) 321 

Webb f . Direct London and Porttmonth Bailwaj Com- 
paDj,'-'(Raihpttjf Gm^Hmpr-CominKi to take Ixmd 
— iBmetfif qfLtmdowmer tgfom, qfUr BttUmay abam' 

ioned) 323 

Rolls Court. 
Lewis 9. Lewis.— (Pt'Otf/tce — Admimiiiraiiom SmU^^ 

Rtprmemiaiiom qf lUegitimatt ImitiMe) 324 

Be Batter's Tmst.— (Praeftee—TVM/M Retiff Aei— 

CuU) 324 

Jlr jpsrfeBangham.— (P»tMr/tc«— 7>«t/ee RelirfAei-^ 

SnbtHhiied Service qf PetiHom) 325 

Vice-Chancbllor Turner's Court. 
JoDca V. Maggs. — (PoriUm — Aecumulatiom — TkeK 

\Aet) 325 



Vice-chancellor Kinderslbt's Court. 
Soltra V. De Held.— (iVm>«iiM^/i^iiefid»— fiei(v). . 326 

Exchequer Chamber. 
Smith 9. Thome.— (Stat. 9 Oeo, 4» e. 14, e. l^Ae^ 
knowledowMmtSspremon qf Hope — BUI of &r- 
\om$) , , 



e^iiome) 



332 



Court of Queen's Bench. 

Reg. 9. Oyerseers of St. Martin-in-tfae-Fields.— (JBdr- 
emption from Local Ratet — 6 ^r 7 Vict. e. 86— 
•• Vmited Service Itutitutiom") 335 

Reg. 9. Hyde.->(66Mra/ Fbrm qjCOmvictiom by Stat. 
11 ic 12 Vict. c. 42-'Convictiom umder the Game 
Act) 337 

Court of Exchequer. 
Barbat v. Allen and Pa8smore.—( Sm'dence — 14 4* 15 
Vict. c. 99— Incompetency qfWUm eu Baron and 

Fewte^Coneemt) 339 

Prerooatiye Court. 
In the Goods of J. Thomson. — {Practice— Dreaeurer 
** for the Time being** Executor) 342 



LONDON, APRIL 24, 1852. 

0cm leaden will haye seen that the Lord Chan- 
cellor has brought forward in Parliament the prin- 
cipal biU for reforming the Court of Chancery, viz. 
the bill for entirely abolishing the Masters' offices. 
There soe at present nine Masters; of these the fonr 
icn^ord ate to retire forthwith— that is to say, as soon 
as the bill takes effect — with their full salaries as re- 
tiring pensions; the remaining five Masters are to 
work ont all the remaining bunness at present con- 
signed to the Masters' offices. The new system pro- 
posed IS this— the judges are, as it is termed, to work 
out their own decrees— that is, with the assistance of a 
staff of clerks. Instead of referring all matters of in- 
quiry, as has been hitherto the custom, to the Master, 
they are at once to have all those inquiries conducted: 
under their own immediate superintendence. They 
are for that purpose to be aided by a chief clerk, a 
junior derk, and, we presume, such other inferior 
officers as may be necessary. The duties of the chief 
clerk will obviously be of a most responsible , cha- 
racter; he will, in efiect, be the substitute- of the 
M^kster, only that instead of working in a* separate 
office irresponable to the judge, except by way of 
appeal, he will be under the immediate control of the 
judge ; but his duties if not of the same character .as 
were those of the Master, will be at least as important. 
In carrying out thb improvement, much of what 
may be termed the verbiage of Chancery proceedings 
wiU be abolished, to the great advantage of the suitor. 
The principal objection to the Master's office was, that 
in it was, in effect, carried on, in almost every case, a 

sort of repetition of the whole case brought, A:oia* the 
VOL.XVL O 



Court. Thus, supposing that a bill was filed for the 
administration of an estate, and for asoertaining what 
were the incumbvanees on it, the bill and answers and 
other proceedings in the suit having already pointed 
out what was the esse intended to be made, and 
what were the incumbrances upon the estate, the pro- 
ceedings in the Master's office would be a sort of sup- 
plemental suit, quite beyond the control of the judge, 
stating over again, by a totally separate set of plead- 
ings, viz. the states of facts of all parties, all that had 
been stated by the bill and answers, and asking there- 
upon the. opinion of the Master, not so much in direct 
aid of ^ the judge,; as by way of preliminary and sepa- 
rate decision of the Master, to be afterwards decided 
upon. appeal- by. ^thegudge. . « 

t.Allf thisiis, t9 :be done away with: the judge will 
hear the cause ; he will determine at once what in- 
quiries or collateral proceedings are necessary; he will 
direct these to «be.forth with proceeded with by his chief 
clerks under his own superintendence, instead of their 
beings sjent away to a tribunal over which, he has no 
. contro), and with which he has no power. of interfering 
imtil. that tribunal shall have come to its own con- 
tusion. 

' Tlie judge, will, in effect, have the complete super- 
intendence of the .working out of his own decrees &om 
tday tp day,. SO; far as he iqay tl^ink it necessary. The 
principle of this measure is. very satisfiietory; with the 
details of it the public is not yet made acquainted. 

There are, however, some points on which, J^ 
the main features of the bill from the 
St. Leonard's, observations may arise, 
an immaterial one, has reference to thd 
title of. the officer immediately nextf 




130 



THE JURIST. 



Lord Bacon has observed^ that in councH it is not an 
immateiial circumstance wiiether tiie counctHors are 
seated at a long table or at a Taond table, for, aaiil that 
politic person, at a round table all are within reach of 
the president, whereas at a long table the few wlio are 
near the president sway the whole proceedings. By 
something probably of the same train of reasoning, 
LsH St. Leonard's, a person not foss politie «Bd astote 
than Loi^ Biioon, has justly attributed to the atmosphere 
of Southampton-buildings a local influence, an effect 
80 powerful, that his Lordship will not suffer the in- 
tended chief assistants of the judges to sit there, lest 
tb^ should consider themselves independent maatMs, 
and not subordinate to the judges. Accurate as the con- 
ception of the Lord Chancellor is with regard to the 
local and special influences upon the persons intended 
to replace the Masters, it is surprising that he should 
have overlooked the influence of merely verbal desig- 
nation. He proposes to attach to the courts of the 
judges in Chancery, offioen whose duties will be 
at least, as we have observed, as difficult and re- 
sponsible as those of Masters in Chancery — officers 
who will be brought in ddly contact with the 
judges, not certainly as equals, but as persons with 
whom, upon most important subjects, the judges will 
hmt continually to consult— officers who, we presame, 
must not only be men at the Bar, but men of mature 
standing, of experience, and of public reputation; and 
it is proposed that these men, who will be second to 
tl» 5«dg«e, and wliose duties will be of the most labo- 
nens and responsible character, shall be called *'the 
jiodges' chief derks.** Now, this question of designa- 
tion or title seems a mere trifle, but practically it is not 
aa« There are many men at the Bar highly fit for the 
ftaetions which Lord St. Leonard's proposes to intrust 
to the persons whom, in his speech, he has designated 
as^the judges' chief clerks,** who would recoil from 
and tefuee an appointment in which they are to bear 
tha title of ^ clerk," but which they would accept, with 
enn a less amount of salary, if they were to be called 
^^ judges' assistants," or ^official secretaries," or by 
sme other title sounding a little more honourable in 
the public ear than ** clerk." Such a distinction may 
SMBd trivial, but it is not more trivial than the round 
or square table of Lord Bacon, or the retention or aban- 
diiKnciit of Southampton-buildings as & locus in quo 
bf Lord St. Leonard's. 

With regwd to the mode in which the business can 
be carried on, we have never had, and have not, any 
daaibt that it will be an enormous improvement upon 
th» system of the Masters' offices. On the other hand, 
iMhave never bad, nor have we now, the slightest 
Mmikt thai it will be wholly impossible for the existing 
staff of judges to carry on the business under the new 
gftttem. They are at present overloaded, and cannot, 
siMing usually mx hours a day in court, and occupying 
m§my more in private, &c., keep down arrears; and 
Miking eveiy allowance for the diminution of the 
work in each case, by reason of the improved system 
ef pleading and procedure recommended by the Chan- 
oeiy Commissioners, and which, it seems, is to be 
adapted, it is not to be expected that the judges, ab- 
larlnng the business of nine Masters besides their own, 
vill be able to get through it. This, however, ia mat- 
2 



ter for experiment. The judges will tiy and do the 
work ; and when it is found that th^ cannot, no doubt 
the pubOc will aee with satisfaction the appointment 
of a few more judges. We only hope they will not 
require a judge or two to be killed before they are 
satisfied that two men eaanot do the work of three. 



THE CASES UPON THE RETAINER OF A 
SOLICITOR. 

It is the duty of a sc^citor to obtain a distinct and 
special authority from his client before he institntes 
any suit in his name ; ( Wriffhi v. Qutie^ 3 Mer. 12); 
and the general rule is, that he ought to have it in 
writing. If the interests of iht client induce the soli- 
citor to act before he can obtain an authority in wiitiig 
for that pturpese, he riieuld take the earliest onportanify 
of obtaining the sasctien of the client for what he hai 
done. {Pitmer v. Kniffkis, 6 Beav. 174 ; Hood v. Phi- 
lips, Id. 176; Tabbemor v. Tabbemor, 2 Kee. 679). 
There is not, however, any rule that the authority most 
be in writing : but if the cKent denies and the solicitor 
asserts authority to have been given, and there is no- 
thing but assertion against assertion, the Court fla^ 
** The solicitor ought to have secured himself by haTi^g 
his authority in writing, and that not having done bo, 
he must abide the consequences of his onussion." (Per 
Lord Eldon in Wright v. CastU, 3 Mer. 12). In one 
case (Lord v. KelleU, 2 My. & K. 1) it was awued, 
upon the authority of Lord Eldon's decision in Wvigii 
V. Castle, that, whenever the client denied the fact of 
retainer, the solicitor was bound to produce an sa- 
thority ui writing. But it will be observed, that in fM 
case the learned judge expressly supposed that there 
was nothing but assertion against assertion, and thereby 
indirectly excluded the suppositicm of its being prof^ 
by circumstances that authority was given by parol^ (S 
that acquiescence, might be inferred firom subsequent 
conduct ; and Lord Brougham, therefore, after reinaric- 
ing that it had never been decided that the authorit;^to 
act might not be by parol, held, that though a solieto 
must receive specific authority from his client to in- 
stitute a suit, yet such authoritv might be given by 
parol as well as in writing, and that in Uie former case 
it might be proved by circumstances and the sobae- 
quent conduct of the party. (See also Wiggins v. P^t 
]Mf», 2 Beav. 403). But if the solicitor neglects the pe- 
caution of obtaining his authority in writiag, and tt tt 
afterwards challenged, it is for him to prove it; and if 
he cannot do that, he must bear the costs of the risk he 
thus undertakes. ( Wright v. Castle, 3 Mer. 12 ; Mm- 
<frA2ii20V.Zaio8Ofi,lC.P.Coop.8d; Wiggins y.Psffi^ 
2 Beav. 403; Allen r. Bone, 4 Bear. 493; Piwierv. 
Knights, 6 Beav. 174; Hoody. PhiUipe, Id. 176). I* 
has, however, Wn held, that a general authorit^Jj 
sufficient to enable a solicitor to defend a suit. ( Wri^ 
V. Castle, 3 Mer. 12). 

A solicitor having no authority, and using the nama 
of persons who do not employ him, is personally Ualils 
for the costs of U&e proceedings he so improper