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Nov. 7, at one, aud.—Rawe, W. A. leather seller, North- roller maker, Todmorden, Nov. 12, at twelve, Manchester. To Trustees for the benefit of Creditors. street, Portsea, Nov. 7, at half-past one, div.-Robson, w. Shortland, J. grocer, Bristol, Nov. 13, at eleven, Bristol. grocer, tea dealer, and cheesemonger, High-street, Chipping Gazette, Oct. 17. Barnet, Herts, Nov. 11, at half-past twelve, div.-Seater, T. Cor, W. cooper, Birmingham, Oct. 13. Trust. F. Howell, leather cutter, Hammersmith, Nov. 8, at one, aud.-Smith, Partnerships Dissolbed. nber merchant, Birmingham. Sol. Greatwood, Birming. T. C. and Hayes, R. hotel keepers, No. 18, Henrietta-street, in.-Culliford, h. draper, Bath, Sept. 26. Gazette, Oct. 14. Trust. F. Covent-garden, Nov. 8, at one, joint div. and sep. of T. C. onnant, warehouseman, Aldermanbury. Sol. Turner, Al. Smith. --Smith, J. grocer, No. 59, London-street, Reading, by Found. --Bass, A. and Sweeting, R. attorneys, Burton. Atkinson, G. and Found, J. Liverpool, Sept. 29. Debts paid rmanbury. Nov. 11, at twelve, div.-- Taylor, J. maltster, Bromley, Nov.7. upon-Trent, Sept. 30.- Bizzey, J., Denton, T. and Papps, at twelve, aud.-Wyatt, T. H. brewer, Banbury, Nov. 7, at J. H. liven-drapers, Stroud, so far as regards Papps, Oct. Bankrupts. half-past eleven, aud. 10.--Buchanan, W. R. and Grainger, H. attorneys and soliATE OF FIAT AND PETITIONING CREDITORS' NAMES. MEETINGS FOR ALLOWANCE OF CERTIFICATES citors, Oct. 8.-Evans, L. and Williams, E. cabinet-makers, Gazette, Oct. 17. Debts paid by Evans.-Farrar, F. and BOOKS, Joux and James, curriers and woollen drapers, Nov. 7, at eleven, as to Pocklington.-Collyer, J. W: ,vic paid hy either partner. ---Henderson, E. and Wooler, J. mer. Bowles and Pocklington, meat salesmen, Newgate-st. Llandovery, Oct. 2. Lake, G. H. attorneys, Godliman-street, Oct. 11. Debts Glastonbury, Somersetshire, Oct. 21 and Nov. 28, at tualler and salesman, Nov. 8, at half-past eleven.--Filbey, cers and drapers, Stockton, Oct. 9. twelve, Bristol, Com. Stevenson ; Miller, off. ass. ; Maish J. victualler, Egham, Nov. 11.--Gent and Millar, commis Debts paid by Henderand Rocke, Glastonbury, sols. Date of tiat, Oct. 6. J. Ja. sion merchants, Nov.7, at two.- Reeve, T. victualler, Ann's. son.--Herring, C. and Brocklehurst, J. Jainp manufacturers, cobs, currier and woollen draper, Glastonbury, pet. cr. place, Hackney-road, and Castle-st. Long-acre, Nov. 8, at dealers, Liverpool, Oct. 6. Debts pait by Hollis.- Ibbot. High Holborn, June 24.- Hollis, H. and Walford, T. teaTCKWOOD, WILLIAM, worsted spinner and stuff manu. two.-Starbuck. R. shipwright, Gravesend, Nov. 8, at two. son, S. F. and W. F. New York, July 8.- Manton, E. facturer, Hightown, Birstal, Yorkshire, Oct. 28 and Nov. / - Taylor. J. maltster, Bromley, Nor. 7, at twelve. and Power, J. F. wine merchants, Cheltenham, Sept. 26. 18, at eleven, Leeds. Com. West ; Young, off. ass. ; Gazette, Oct. 21. Flower, Bread-st. Wood, Bradford, and Cariss, Leeds, sols. Debts paid by Power.-Marrin, W. and J. bakers and engi. Date of fiat, Oct. 9. Barker, H. H. and Bean, J. tailors, 5, Argyll-st. Oxford- peers, Hilperton, Oct. 8.-Moreton, J. H. and Hellier, H. W. Smith, M. Mingworth, and J. st. Nov. 13, at eleven, sep. div. of Bean.--Carter, J. W. meat salesmen, Leadenball-market, Oct. 8. Wright, worsted spinners, Bradford, pet. crs. Debts paid by c-ach plater and ironmonger, 120. Long-acre, Nov. 11, at Hellier.-Nash, D. and Lambert, J. farmers, Sible HedingLILLIPS, William, late publican, Liverpool, Lancashire, twelve, div.-Children, G. banker. Tonbridge-wells, Oct. 31, ham, Essex, Sept. 30.- Pountney, J. K. and T. curriers, but now railway guard, Fluchersbrook, Cheshire, Oct. 30, at tuelve, to choose assignces.-Clarkson, T. the younger, Birmingham, Oct. 11. Debte paid by J. K. Pountney.- Rea, at twelve, and Nov. 27, at eleven, Liverpool, Com. Phil- upholsterers' warehouseman. 10, Charles-st. Middlesex Hos. R. D. and Casement, H. cheesemongers, Upper Thames.st. lips : Cazenove, poff. ass.; Sharpe and.co. Bedford-row, pital, Nov. 11, at eleven, dir:-Corgan, H. Da warehouse and Essex-st. Whitechapel, July 10: Debts paid by Rea. and Driller and Peel, Liverpool, sols. Date of tiat, Oct. 9. man, 39, Friday-st. City, Nov. 12. at two, div.-Colls, C. Sharp, J. and Bontoft, J. tanners, Boston, Oct. 11. Debts Bankrupt's own petition. Thompson, C. and Harris, R. P. jun. bill brokers, 72, Lom- paid by Sharp.-Woodley, T. S. and Young, 1. grocers, CamBATT, George, builder, Addison-road North, and Queen's hard-st. Nov. 11, at twelve, joint div.- Erans, R., Foster, bridge, Oct. 9. Debts paid by Woodley --Wright, J. and road, Notting-hill, Middlesex, Oct. 24 and Nov. 25, at J., Langton, S. Z. and Foster, T. East- India merchants, Linu'ood, J. linea-drapers, Pontefract, Oct. 9. Debts paid eleven, Basinghall-street, Com. Shepherd : Graham, Barge-yard, Bucklersbury, Nov. 11, at twelve, final sep. div. by Wright, off. ass.; Richardson and Co. Golden-sq. sols. Date of of Evans, - Greenwell, G., Benjamin, J., Dearburg, D. and Gazette, Oct. 17. fiat, Sept. 26. W. N. Morrison, brick maker, Notting. Citt. and Coventry, Nov. 11, at hali-past eleven, joint div. - Beatson, J. and Roberton, C. steel refiners, Rotherham, Adams, E. J. and M. milliners, New Sarum, Sept. 29.hill, pet. cr. YKE, MAURICE Jonn, jeweller, 49, Old Steyne, Brighton, Hodson, J. drugvist, Reading. Nov. 12, at half-past eleven, div. Oct. 11. Debts paid by Roberton.-Binge, J. and F. hard. Oct. 28, at half-past one, Nov. 26, at eleven, Basinghalla - Jarris and Jarris, wine merchants, Great Bush-lane, Can- waremen, Houndsditch, and Clement's Inn, Oct 2.--Bond, st. Com. Evans ; Bell, off. ass.; Galsworthy and Co. Cook's. non-street, Nos. 1, at twelve, last exam.--Kempter, T. J. and W. L. nurserymen, Gloucester, Oct. 13.-Bulmer, G. ct. Carey-st. sols. Date of fiat, Oct. 16. Bankrupt's own church-buildings, Nov. 11, at two, div.- Macdonald, A. by Bulmer.- De Luiney, A. and Wyatt, J. carvers, Bristol, builder, Blackman-st. Southwark, and also late of Fen- and Stride, J. Parliamentary agents, Sept. 18. Debts paid petition. Gazette, Oct. 21. merchant, Leadenhall-st. Nov. 1, at eleven, last exam.- Aug. 12.--Dennis, W. and Price, G. builders, Caledonian. ZONT, HENRY. Jicensed victualler, Woolton, Lancashire, Mohon. !. and Simons, R. wine and spirit merchants, No. road, Islington, Sept. 29.-Eglen, J. and Evens, S. commis. Nov. 6. af twelve, Dec. 2, at half-pnat eleren, Liverpool, 27, Mincing-lane, Nov. 13, at twelve, sep. divs.-- Poole. w. sion agents, Manchester, Oct. 10.-Evins, S., Eglen, J. and Com. Phillips ; Cazenove, off. ags.; Vincent and Sherwood, sen. shopkeeper, Horton-lock, Oct. 24, last exam.-Reny Goodbrand, J. cotton spinners, Manchester and Wigan, 80 Temple, and Jones, Liverpool, sols. Date of fiat, Oct. 16. and Reny, wine merchants, Mark-lane, Oct. 31, at eleven, far as regards Eglen, Oct. 11.- Fouter. E. and Brooks, R. Bankrupt's own petition. last exam.-Robinson, L. millwright, Ballingdon, Essex, linen drapers, Blackburn, Oct. 11. Debes paid by Fowler. OUcuer, WILLIAM Guy, merchant, 18, Stepner-steen, nade, Haymarket, Oct. 31, at twelve, last exam.-Sunders, Oct. 16.- Haigh, J., Williams, E. G., Stell, W. S., Rob Nov. 12, at twelve, div.-Salabert, F. hatter, Opera-colon---Gilchrist, R. and Wood, J. cabinet makers, Manchester, Diiddlesex, Oct. 23. and Dec. 2, at eleven, Basinghall-st. T. shoemaker. Ramsgate, Oct. 12, at eleven, div.-Tapp, J. bins, A., Buckingham, S. M. and Stavert, R. general comCom. Shepherd ; Turquand, off. ass.; Ashley, Shoreditch, and Tapp, c. coach makery. Wigmore-st. Cavendish-sq. mission merchants, Leeds and Huddersfield, so far as resol. Date of fiat, Oct. 16. Bankrupt's own petition. Nov. 11, at eleven, sep div. of C. Tapp. gards A. Robbins, Sept. 30.-Hallifur, J. and Streets, J. REAKENRIDGE, Jonx, tailor and draper, Liverpool, Nor. MEETINGS FOR ALLOWANCE OF CERTIFICATES. St. Martin-st. Oct. 8.-Hoyle, J. and Atkinson, T. manu6, at hali-past eleven, Dec. 2, at eleven, Liverpool, Com. facturing chymists, Halifax, Oct. 11.-Junnings, H. and Phillips ; Morgan, off. ass ; Sharpe and Co. Bedford-row, Best and Snowden, printers, Southampton, Nov. 11, at Debts paid and Lowndes and Co. Liverpool, sols. Date of fiat, Oct one.- Dousherry, T. boot factor, New Farringdon-st. Nov. Fulkes, R. ironmongers, Coleman-st. Sept. 29. by Jannings.-Jones, I. and Graham, D. opticians, Liverpool, 16. Bankrupt’s own petition. 15, at twelve.-Greenwell, W'. wheelwright, Nov. 13, at ele Oct. 9.- Langsdale, J., Tuist, J. and Wilson, J. manufacAWKINS, CHARLES, grocer and tea denler, Brick-lane ven.-Kohne, II. stay manufacturer, Nov. 11, at eleven.Spitalfields, Oct. 29, at eleven, Nov. 19, at one Basinghall Salmon, G. timber merchant, City-rd. basin, Nov. 11, at turing chymists, West Derby and Liverpool, Oct. 29. Debts st. Com. Evans ; Johnson, off. ass. ; Tucker and Co eleven.- Webb, C. G. wool-stapler, Long-lane, Nov. 11, at paid by Langsdale and Twist.--Lungworthy. J. and Flower, A. einbroideresses, Duke-street, Grosvenor-square, June 24. Threadneedle-st. sols. Date of fiat. Oct. 17. W.S. Shut half-past twelve. Debts paid by Flower.—Laurie, J. and Flower, A. embroitleworth, tea dealer, Fenchurch-st. pet.cr. deresses, Duke-st. Grosvenor-'q. June 24. Debts paid by ARPITT, WILLIAM, engineer and beer-house keeper, Oct. Meetings in the Country. Flower.-Lyon, J. W. and Tiddeman, F. A. ironmongers, 31, at twelve, Dec. 4, at cleven, Bristol, Com. Stephen ; Gasette, Oct. 17. Sydenham, Sept. 29. Debts paid by Lyon.-Metcalf, J. and Kynaston, off. ass.; Church. Essex-st. Strand, and Cruch- Baron, G. S. money scrivener, Plymouth, Nov. 13, at one, Phillips, W. bootmakers, Burnley, Oct. 10. Debts paid by well, Bath, sols. Date of fiat, Oct. 15. R. Pitt, H. Sto- Exeter (adj. Oct. 9), last exam.--Hall, C. grocer, Sheffield, Metcalf.-Pullein, E. and Collins, J. vinegar manufacturers, thert, and G. Rayno, ironfounders, Bath, pet. crs. Nov, 7, at eleven, Leeds, aud. --- Kitchen, J. Stockport, Liverpool, Oct. 15. Debts paid by Collins.-Robinson, G. AWSTHORNE, Jonx, general agent, drysalter, and manu. corn and flour dealer, Nov. 11, at twelve, Manchester, first div. and Waldron, R. butchers, Bridge-foot, Vauxhall not dated). facturer of British gums, Manchester, Nov. 5 and 26, at -Lawton, E. and Kay, T. ironfounders, Rochdale, Nov. 10, -Sewell, D. and Picks!ay, E.J. attorneys, Halstead, Oct.14. twelve, Manchester, Pott, off, ass. ; Lever, Kings-road, at tuelve, Manchester, and.-Liringston, J. and Brittnin, --Smedley, J. and Hooton. R. lace manufacturers, NottingBedford-row, and Ackers, Manchester, sols. Date of fiat, T. plumbers, glaz ers, and brass founders, Manchester, Nov. ham, Oct. 14.-Smith, W. and Chupman, J. maltsters, Stoke upon Trent, Oct. 14. Deb's paid by Smith.-Squires, Oet. 15. J. 1!. Coward, E. Cancellor, and T. B. Illidge, ?, at twelve, Manchester, to aud. and Nov. 14, at iwelve, starch manufacturer, Princes-st. Lambeth, pet. crs. joint div.-Prod gors. E. banker, Ludlow, Nov. 3, at half- W. and Cowgill, G. joiners, Clithero, Oct. 14. Debts paid miTa, David, iron master, Ven allt Iron and Coal Works, past eleven, Birmingham, proof of a debt.-Wrigley, B. by Squires. -Stell, w. s., Robins, A., Buckingham, s. M. Glamorganshire, and Kings Swinford, Staffordshire, Nov. woollen cloth manufacturer, Saddleworth, Nov. 10, at twelve, and Starert, R. general commission merchants, Manchester, Manch er, aud. so far as regards Robbins, Sept. 30.-Thomas, A. and Wars 4, at one, Dec. 2, at eleven, Bristol, Com. Stevenson ; ner, T. calico printers, Manchester aud Whittield, Oct. 10. Acraman, off. ass. Davis, Merthyr Tydvil, sol. Date of MEETINGS FOR ALLOWANCE OF CERTIFICATES. – Tomlinson, J. and Jones, T. share brokers, Ashbourne, fiat, Oct. 10. P. Dunn, tin plate worker, Carmarthen, Eccles and Ridings, worsted and linen manufacturers, Oct. 6.– Trego, C. sen, and jun. painters, East Stonehouse, pet. cr. Manchester, Nov.7, at twelve, Manchester, as to Ridinge.- May 2. Debts paid by Trego, sen.- l'addums, E. and Bid. INIOR, WILLIAM, hosier, Sheffield, Nov. 3 and 28, at Kesselmeyer, c. W. merchant, Manchester, Nov. 11, at good, A. hosiers, Bristol, Oct. 9. Debts paid by Bidgood. eleven, Leeris, Com. Boteler; Hope, off. ass.; Atkinson twelve, Manchester. – Marsh, J. grocer, Brewood, Nov. Wade, B. and Wright, T. D. stock brokers, Leeds, Oct. 10. and Pilgrim, Church-ct. Lothbury, Watson, Sheffield, and 13, at eleven, Birmingham. -- Wilts, J. and Withers, H. hosiers, Poultry, Oct. 16. Cronhelm, Leeds, sols. Date of fiat, Oct. 13. W. H. Carver, Gazette, Ort. 21. Debts paid by Withers. gent. Sheffield, pet. cr. Braithwaite, J. innkeeper, Morpeth, Northumberland, AYLOR, WILLIAM Harnis, stare manufacturer and dealer Nov. 11, at half-past two, Newcastle, to aud. and Nov. 13, Ensolvents in timber, No. 186, Piccadilly, Oct. 30, at eleven, Dec. 2, at twelve, first and fin. div.-Brown, J. linen draper. Bir. at half-past eleven, Basinghall-st. ; Com. Shepherd; mingham, Nov. 22, at eleven, Birmingham, aud.-Bryan, Petitioning the Courts of Bankruptcy. Graham, off. ass.; Foster, Jermyn-st., sol. Date of fiat, J. chemist, Bristol. Nov. 14, at twelve, Bristol, aud. - Gazelle, Oct. 14. Oct. 16, Bankrupt's own petition. Clarke and Co, bankers, Leicester, Nov. 10, at eleven, Bir. PETITIONS TO BE HEARD AT BASINGHALLfrigwell, John JOSEPI, beershop-keeper and builder, mingham, sep. aud. of R. Mitchell.--Dees, W. and J. and STREET. Harrow-road, Oct. 31, at one, Dec. i2, at eleven, Basing. lington, Durham, Nov. Hogg, J. builders, Newcastle-upon-Tyne, and of Dar- Bainbridge, c. serrant, Cambridge, Oct. 24, at one.-hal-street; Com, Goulburn; Green; off ass::. Cross: castle, joint div. of w. and J. pees and sep. of J. Cassell , W. out of business, Queen-st. Milton nese Gravessol , . White, tailor and draper, 205, Regent-st. pet. cr. Dees.-Herring. J. and W. merchants, Newcastle, Nov. 6, at end. Oct. 22, at one.--Glover, M. H. M. comedian, War. eleven, Newcastle (instead of Nov. 5), fin. joint div. wick-st. Oct. 18, at eleven.-- Wright, B. gent. Glengall-grove, V'yon, Edward William, bronze and ormolu manufac- Hesketh E.vietu aller, Hulme, Nov.13, at twelve, Manchester, Old Kent-road, Oct. 18, at one. turer, 41, Gower-st. Bedford. sq. Oct. 28 and Nov. 23, at aud. ---Hickling, J. brickmaker, Warwick, Nov. 22, at eleven, COUNTRY eleven, Basinghall-st.; Com. Shepherd; Graham, off. Birmingham, and. - Jackson, G. E. dealer in iron, Birming- Crofts, w. joiner, Nottingham, Oct. 25, at twelve, Birass.; Shirreff, Lincoln's-inn-fields, sol. Date of fiat, Oct. ham, Nov. 12, at eleven, Birmingham, final div.-Jones and mingham.-Emett, c. brewer, Tiverton, Nov. 4, at eleven, 10. Bankrupt's own petition. Crosskill, booksellers, Rochdale, Nov. 11, at twelve, Man Bristol.-- Hardy, T. butcher, Nottingham, Oct. 28, half-past Meetings at Basinghall-street. chester, aud. - Kendrick, W. jeweller, Birmingham, Nov. 22, ten, Birmingham.-Lloyd, R. out of business, previously a ar eleven, Birmingham, aud. -Kesselmeyer, C. W. merchant, victualler, Liverpool, Nov. 4, at eleven, Liverpool. MEETINGS IN THE COUNTRY. Shardlow, E. Nor. 5, at twelve, Birmingham, aud. ind Hornsey-road, Nov. 7, at eleven, aud. - Bradly. J. P. founders, Rochdale, Nov. 11, at twelve, Manchester, first PETITIONS TO BE HEARD AT BASINGHALL ind G. J. wine merchants, Great St. Helen's, London, div.-Muinuuring, 11. draper, Manchester, Nov. 13, at STREET, Nov. 7, at eleven, joint div, and sep. J. P. Bradly.--Brown, twelve, Manchester, aud. and Nov. 14, at twelve, div. Gazette, Oct. 17. 1. clothier, Barbican, Nov. 7, at half-past twelve, avd. -- | Martyn, C. linendraper, Durham, Nov. 11, at cleven, NewBroun and Brown, ship agents and manufacturers of Gryll's castle, aud. and Nov. 13, at eleven, final div.-Muir, G. Bainbridge, C. servant, Cambridge, Oct. 24, at one.*help, Billier-street, Nov. 7, at two, aud. ---Clarkson, T. draper, Newcastle, Nov. 11, at one, Newcastle, and.--Reece, Bordenave, P. F. gent. Alsop-place, New-road, Oct. 22, at un. upholsterers' warehousemen, Charles.street, Middlesex. J. ironmonger, Axminster, Nov. 13, at one, Exeter, aud. and half-past two.--Brinkley, J. turnkey, Maidstone, Oct. 27, 208pital, Nov. 7, at eleren, aud.-Cole, F. L. wine merchant, Nov. 14. at one, div.-Schofield, J. woollen manufacturer, at eleven.-Gillies, H. grocer, Lambeth-walk, Oct. 24, at Fenchurch-street, Nov. 8, at balf-past one, aud. -Collyer, Rochdale, Nov. 12, at twelve, Manchester, aud.--Shaw, w half-past eleven.-Shitler, J. victualler, Hayling-island, 1. W. victualler and salesman, of the Rainbow, Nengute-saddler, Stafford, Nov. 12, at eleven, Birmingham, aud. and Hanis, Oct. 29, at eleven. Street, Nov. 8, at half-past eleven, div.--Estall, G. plasterer. Nov. 13, at eleven, final div.-Shore, J. flannel manufac COUNTRY. Halswell-street, Westminster, Nov. 7, at one dis.-Gent, c.& turer, Rochdale, Nov. 12, at twelve, Manchester, aud. - Barrow, W. labourer, Huddersfield, Oct. 29, at eleven, Miilar, G.commission merchants, Bread-street, City, Nov.7, Westren, T. maltster, Brushford, Nov. 13, at one, Exeter, Leeds.-- Griffith, J. E. general shopkeeper. Llandovery, at two, joint div.--Jacques, G. plumber, Tothill-street, Nov. aud.--Wrigley, B. woollen cloth manufacturer, Horest in Nov. 6, at eleven, Bristol.-Kennedy, J. plumber, West 11, at half-past eleven, aud.-Kohne, H. stay manufacturer, Saddleworth, Nov. 11, at twelve, Manchester, first div. Bromwich, Oct. 23, at half past eleven, Birmingham.---King, Lawrence Pountney-lane and Dorchester-place, New North MEETINGS FOR ALLOWANCE OF CERTIFICATES. T. publican and clock maker, Almondbury, Oct. 29, at road, Nov. 7, at twelve, aud.-Lewis, R. carman, Ashford, Law and Hudson, cotton spinners, Ramsden-wood, Nov. eleven, Leeds.- Lomas, J, razor maker, Sheffield, Oct. 22, Nov. 8, at eleven, aud. --Miller, A. merchant, Walbrook, I 12, at twelve, Manchester, as to Law.-Marland, 1. jun. I at eleven, Leeds.-- Price, J. hosier, Brig-house, Oct. 29, at Page 3
Michaelmas Term, 1844. Trinity Term, 1845. Moved Easter Term, 1845, York-Hale ». Oldrord De Medina v. Grove and Others Curling v. Shepherd Linerpool-Dickenson v. Marrow Same r. Same London-Sheringham o. Collins Middlesex-Belcher and Others, assignees, &c. , Liga and Others come on for argument with the above rule Sedgwick o. Hammon. Same . Same. Reg, o. Baron de Bode, part heard Tried during Trinity Term, 1845. Reg. o. Walker Mored Trinity Term, 1845, Middleser-Bartlett r. Benson Mitchell v. King. Bodmer r, Butterworth and Another London-Williams (who sues, &c.) e. Newton. For Judgment. Michaelmas Term, 1842. Doc dem. Earl of Egremont v. Langdon Corporation of Colchester o. Brooke. CIRCUITS OF THE COMMISSIONERS D. Alford v. Ashford Michaelmas Term. 1843. THE RELIEF OF INSOLVENT DEBTOR SPRING CIRCUITS, 1846. Willoughby v, Willoughby. Southern Circuit. Easter Term, 1844. HENRY REVELL REYNOLDS, Esq. Chief Communa, Brooks v. Bocket Worcester-Doe dem. Blayney and Others v. Sarage and Same r. Same Berkshire-at Reading, Tuesday, February 17. 02 fordshire--at Oxford, Thursday, February 19. Another Holford o. Bailey. Worcestershire-at Worcester, Saturday, February !l. ; Lockwood v. Wood Trinity Term, 1841. Herefordshire-at Hereford, Tuesday, Feb. 24. Mercer v. Bartlett. Radnorshire-at Presteigne, Thursday, Feb. 26. 1 Musgrove v. Emerson Durham-Willson v. Anderson Michaelmas Term, 1844. Brecknockshire-at Brecon, Friday, Feb. 27. Carmarthenshire-at Carmarthen, Monday, March 1 Cardiganshire-at Cardigan, Wednesday, Mareb Pembrokeshire-at Harerfordwest, Thursday, Mared: Reg. 1. Liverpool and Manchester Railway Co. COURT OF COMMON PLEAS. Glamorganshire-at Swansea, Monday, March 3. Essex-Doe dein. Copland and Others o. Burrell Glamorganshire-at Cardiff, Tuesday, March 10. REMANET PAPER, Michaelmas Term, 1815. Vonmouthshire-at Monmouth, Thursday, March : Doe dem. Cozens r. Cozens Kent-Bracegirdle v. Peacock and Another Enlarged Rules. Gloucestershire-at Gloucester, Saturday, March It Bristol--at the City and County of the City of Tez Doe dem. Jacous o, Phillips and Others Surrey-Queen v. Sewell To sixth day-Tolson 1. Bishop of Carlisle and Others. March 17. New Trial of Easter Term last. Somersetshire-at Bath, Thursday, March 19. Somersetshire-at Taunton, Friday, March 2. Pembroke – Doe dem. Butler and Others o. Lord Kensing. London—Robertson v. Jackson and Others. Deronshire-at the Castle of Exeter, Monday, Marek N ton and Others Nero Trials of Trinity Term last. Exeter-at the City and County of the City of the seat Devonshire-at Plymouth, Wednesday, March 3. Snelling v. Gourley. Cornuall-at Bodmin, Thursday, March 20 . Middleset-Paine r', Guardians of Strand Union. Cur, ade, rull. Dorsetshire--at Dorchester, Monday, March 3). Wiltshire-at Salisbury, Wednesdar, April 1. Cexhead o. Richards Southampton-at the Towa and County of the 19 Blackham •, Puch Wood r. Willians and Another Thursday, April 2. Sturton 1. Bloxham and Another Patteson and Others v. Holland and Others. Southampton-at Winchester, Friday, April 3. Hope n. Harman and Others DEJURRER PAPER OF MICHAELMAS TERM, 1845. Northern Circuit, Davis v. Curling. JOIN GREATHED HARRIS, Esq. Committeet Wednesday, Nor. 12. Yorkshire--at Sheffield, Wednesday, Feb. 11. Bingley v. Young Bell and Others, assignees, o. Coleman Smith , Nesbitt Yorkshire-at Wakefield, Thursday, Feb. 12. Hayne ». Rhodes and Others Hinton v. Acraman Kingston-upon-Hull--at the Town and County of the is Daniel and Another v. Pedding Doe Woodall and Others) o. Woodall and Another of, Monday, Feb. 16. Thompson ». Thorne and Others Gillan v. Deare Yorkshire-at York, Wednesday, Feb. 19. Nutt v. Abrahams Tempest and Another v. Kilner Yorkshire--at Richmond, Friday, Feb. 90. Durham--at Durham, Monday, Feb. 23. Northumberland-at the Moot Hall, Newcastle-ups-i Wednesday, Feb. 25. Hill and Another r. Kendall Wilkins r. Hopkins. Newcastle-upon-Tyne-at the Town and County of the ? Parnell v. Smith and Another of, the same day. Same . Sane. Friday, Nov. 14. Cumberland-at Carlisle, Friday, Feb. 27. W'ade v. Simeon Westmoreland-at Appleby, Monday, March 2 Atkins v. Humphrers, sued with Another Lancashire--at Lancaster, Tuesday, March 3. Lancashire--at Liverpool, Monday, March 9. J. C. Chuck ti. Same Stevens and Another, ex. &c. o. Bicknell, Cheshire---at Chester, Wednesday, March 11. Mav and Wife , Burdett Chester--at the City and County of the City cf , ca the Cocker 2. Musgrove and Another day. Normansel r, Croft COURT OF EXCHEQUER. Johnson and Another, assignees, &c. v. Wolzey Vontgomeryshire-at Welshpool, Friday, March 1$. Merionethshire-a: Dolgelly, Monday, March 16. Reg. 1. Hon. E. Pelham Carnarronshire-at Carnarvon, Wednesday, Jlack l? Bunc. Anglesey-at Beaumaris, Friday, March 20. Flintshire-at Muid, Monday, March 23. Nov. 3 Peremptory Paper, after Motions Denbighshire-at Ruthin, Wednesday, March 25. Grove and Others, in Michaelmas Termy last Tuesday.. 4 Do. Lefore Motions Midd. Ist sitting. Midland Circuit. Wednesday Bowles r', Millbourn, sued, &c. Thursday 6 WILLIAM JOIN LAW, Esq. Commissioner. Alfred r. farlow Friday. Essex--at Chelmsford, Friday, Feb. 20. Mears r. Green Saturday London ist Sitting Esser--at Colchester, Saturday, Feb. 21. Suffolk-at Ipswich, Monday, Feb. 23. 10 Special Paper and Monday Lord Mayor sworn Norfolk-at Sarinouth, Wednesday, Feb. 25. Tucsday.. 11 Errors.. Midd. 2nd sitting. Norfolk-at Norwich Castle, Thursday, Feb. 26. Dobson, knt, and Another », Blackmore the elder Norwich-at the City and County of the City of, co these Wednesday .... 12 Special Paper and day. Sheriffs chosen Girdlostone r. MeGouran, ia replication Thursday Norfolk--at Lynn. Saturday, Feb, 28. ......13 Suffolk-at Bury St. Elnunds, Monday, March 2; Cambridgeshire-at Cambridge, Wednesday , March : Cambridge-Layton r. Uurry Monday 17 Special Paper Nuntingdonshire-at Huntingdon, Thursday, Mareds London 2nd sitting. Staffordshire-at Statiord, Saturday, March 7, Tuesday. Ditto by adjournnat of York and Others 18 Warwickshire-at Birmingham, Tuesday, March 14. Stewart r. Wilkinson Wednesday ....19 Special Paper Warrickshire-at Warwick, Wednesday, March 1l. Thursday ..20 Midd. 3rd Sitting. Shropshire-at Shrewsbury, Friday, March 13. Friday 21 Doe dem. Dayman v. Moore Lichfield at the City and County of the City oi , Tx! Saturday Wood v. Hewett March 17. Monday.. 24 Barratt t. Oliver Tuesday.. 25Rutlandshire-at Oakham, Thursday, March 19, Doe several dems. Molesworth, bart. and Others t. Northamptonshire-at Peterborough, Friday, March 3 Sleeman and Another PEREMPTORY PAPER for Michaelmas Term, 1845. Lincolnshire-at Lincoln and City, Saturday, Marcin Tanner, estris. &c. v, Moore To be called on the first day of t'ie Term after the motions, Derbyshire--at Derby, Thursday, March 20 Nottinghamshire--at Nottingham, Tuesday, March 24 and to be proceeded with the next day, if necessary, before Leicestershire-at Leicester, Friday, March : Lancaster-Reg. v. The Guardians of the Roch lale Union the motions. Northumberland-Bloxham r, Shaw Northumptonshire-at Northampton, Monday, March SPECIAL PAPER for Michaelmas Term, 1815. Buckinghamshire-at Aylesbury, Thursday, April S. Home Circuit. For Judgment. Duncan r. Benson, demurrer, heard 2nd June, 18:5. David Pollock, Esq. Comniissioner. Dover, . Slater and Wife v. Dangerfield, special case, by order of Mr. Canterbury-at the City and County of the City of, Saturday Baron Roife. Phillips v. Broadley Feb. 29. For Argument. Kent-at Maidstone, Tuesday, March 3. Susserat Lewes, Friday, March 13. Wilson v. Nightingale and Others disposed of in Common Plens. Hertfordshire-at Hertford, Thursday, March 27. James , Brook Doc dem. Sams v. Gorlick. Special case, by order of Mr. Baron Rolfe. Part heard 27th Jan. 1845. Bevins , Hulme Smyth v. Holmes } DemurrerLEGAL INTELLIGENCE. Dass deno: Bowley and Others, Churchwardens, Clarke and Another, exors. &c. v. Richardson, ador. &c. Ingram, extrix. &c. 4. Harris OPENING OF THE NEW HALL LINCOL.V'S Ewart (a pauper) v. Jones } Demurrer INN. On Thurday her Majestyand Prince Albert honour inauguration of their New Hall. NEW TRIAL PAPER, for Michaelmas Term, 1845. The New Hall is built in the Elizabethan style For Argument. Moved Hilary Term, 1845. It does not depend for its architectural grace on ta London--Newall v. Webster and Others. Page 4
TO THE EDITOR OF THE LAW TIMES.
is termed, was heard, and I beg to say, that there NOTICE. citors' Office and feared that, by adding Fire was nothing then stated, from which the most inge. nious mind could deduce any thing about “fine or The Subscriptions for the current half-year | Insurance, it would lose a great deal of the imprisonment, or both,” to any person, for the very are now due, and Subscribers intending to avail support it might otherwise command. best of all reasons-no such things were mentioned themselves of the advantages of pre-payment are It was deemed also that the unavoidable or referred to, in any shape whatever. cost of the establishment of fire brigades, and In this I am confirmed by the newspaper report of requested to forward their subscriptions in the the other expenses of a fire-office, would be a the proceedings (which is now before me), and also course of the next week. hazard that it would be unwise to risk when by the statements of several solicitors, and other per the success of the more legitimate branches of sons, of whom I have made inquiry. business was beyond all question. I forbear to comment on the good taste evinced TO SUBSCRIBERS. in making such a statement, even if the learned And there being a doubt in prudent minds, It is proposed to publish an annual Index Legum, gentleman had had an authority in his hand to consisting of a digest of all the reported cases and it was considered that the prosperity of the ensupport it : under the circumstances, it would be a waste of time to make an observation on the subject. Book, to be bound with the volumes of the Law it; and the more so as it will be in the power statutes of the past year, under the title of the Year terprise would be best consulted by removing Yours, most obediently, William MARRATT. in about six or seven numbers, at 1s. each, stamped, the addition of a fire-office to its business, Times, or separately, at option. It will be comprised of the company, at any time hereafter, to make Doncaster, Oct. 24, 1845. for transmission by post. It will not be commenced should it be deemed by the shareholders to be unless 1,000 subscribers order it. ATTORNEYS' GOWNS. of having it are therefore requested to transmit their a desirable proceeding. names as soon as possible. As originally planned, then, the Solicitors SIR,-Having to defend a prisoner for larceny at Insurance Office will commence its operations our Court of Quarter Sessions for this borough, on SCALE OF CHARGES FOR ADVERTISEMENTS. with Life Assurance only, and the additions of Thursday last, I for the first time appeared in court Loans, Annuities, and Reversionary Interests, Under 50 Words .............. £03 0 in my gown; when the learned recorder, W.M. Praed, For every additional Ten Words .. 0 0 &c. as announced in the Prospectus. esq. (who is also recorder of Bideford and Barnstaple), Advertisements from the Country should be accompanied If any have applied for shares, under the expressed his approbation of my wearing it, and said with an order upon the Agent in Town, or a Post-office impression that it is to be a fire-office also, he should be glad to see it worn by all attorneys prac- order (payable at 180 Strand) for the amount. tising in his courts. of course they will be at liberty to withdraw. N. B.-For Scale for Estate Advertisements, see JOURNAL To all those who approve of the practice I would or PROPERTY. Let us now state what it is proposed to say, “ Go thou and do likewise," as an example to do. In the first place, in consequence of their brethren. Yours, truly, the anxiety to obtain shares, the capital will J. T. SHAPLAND. THE LAW TIMES. be increased to One Million. The purpose of South Molton, Oct. 29, 1845. this is to give still greater confidence to the public, and extend as widely as possible the "Spectator" continues his comments SATURDAY, NOVEMBER 1, 1845. direct interest in the prosperity of the Com** Attorney's Gowns” : pany. If nearly onc-half of the shares be I retain still the views which I lately took the liberty of submitting to you, upon the sub THE SOLICITORS' INSURANCE applied for before the Prospectus is circulated, ject of “our” gowns ; and with your permission I OFFICE. what may be expected when that is distributed? will offer to go to the poll with your zealous corre There is another advantage, that the sum respondent whose letter appeared in your last number, The Profession will be pleased to learn that quired to be paid up on each share will be less and I would suggest that all persons taking an in their Office has made such extraordinary pro- by one-half. terest in this important (!) matter should send you gress that already it may be deemed to be On this point of probable calls some questheir "votes" for "gown” or “red tape," paying established. Its success is secured. tions have been asked. We do not anticipate the postage of their letters of course. My reasons In the history of joint-stock companies there that they will exceed 21. per share in the against “ the gown” are ist. The expense attending it, which, in these dis- has been nothing like the triumphant formation whole, probably much less ; and certainly the tressing times, to " us,” of adversity and decline, of this. It has been announced but for a few calls will be made only for sınall sums at a is a most important consideration. days; only 15s. has been spent in advertising ; time, and at long intervals. It will of course 2ndly. Its similarity to the distinction" of the but 150 prospectuses have been issued; the be for the Directors to determine, but with such “other” branch of the profession, of which I am by Prospectus has not yet been published in a a proprietary as this Office—all bona fide holders 3rdly, The inconvenience of the gown, which is single newspaper, and already nearly one-half for investment-it is not likely that besides not compensated for hy the few opportunities af. of the requisite number of shares have been the deposit more than a call of 11. per share forded “us” of benefiting from the additional grace subscribed! will be made which will be immediately on which it is supposed to give to persoo, manner, and And this at a moment when the panic in the the formation of the Company, and a long diction. market of speculation has brought discourage- period must elapse, if at all, before a further My reasons for the “ red tape" are1st. Its cheapness. ment and disfavour upon the most useful and call can be wanted. 2ndly. Its perfect nniqueness”. (a word which substantial propositions. Although in this w can speak only of I have ventured to coin for the occasion), approach- The fact is of itself the best evidence that the probabilities, yet we are satisfied that it will be ing, however, in some measure, to the "decorations; Solicitors’ Insurance Office is deemed, by those found sufficiently near the mark to enable the of “Waterloo, ,” “ Acre,” “Legion d'Honneur," most competent to form a judgment, an enter applicant to regulate his number of shares by &c. &c. &c. 3rdly. Its convenience, – never causing an undig-prise whose prosperity is not doubtful. his means of meeting them. rified staggering (by getting at an unlucky moment As its success is now secured, we proceed to It has been asked, also, whether it is purbetween our legs), and being so easily doffed, carried answer a variety of queries that have been ad- posed to obtain an Act of Parliament. 'Our about, and renewed. dressed to us on the subject; but, first, we readers are aware that there is no necessity for I refer you, in conclusion, to my former letter. must explain an accident which occurred last such a proceeding ; but it is sometimes week, and which may lead to some misappre- adopted, and if the Directors should deem it LEX thus replies to a query submitted last week hension. desirable they will doubtless procure one. as to the proper costs of distress : Upon consultation, it was resolved to accede But we hope it will be their aim to avoid a To the query put by “ A Country Solicitor," in to the suggestions of many members of the great deal of the extravagant and useless exyour last week's journal, I beg to offer my opinion. Profession, and make it a Fire Office also. penditure that too often attends the manageIt appears to me that 58. 6d. was the proper charge; Upon this the announcement was written which ment of Insurance-offices. We trust that the 3, cap. 93, is for making and levying the distress, and appeared in the Postseript to the article Solicitor's Office will be distinguished above 23. 6d. in addition to that is allowed for keeping pos- in the Law Times of last Saturday. On all others for its prudence, its economy, its session of the goods after levy made, and it appears to Friday evening another consultation was judicious liberality in the conduct of its busime that if possession was kept but for a minute after held, and some objections which had been ness in every branch, such as becomes a fee of 2s. 64. : the 53. 64. charged was therefore the started by influential friends, whose opinions society of gentlemen. It must be in all re deserved serious consideration, against the spects creditable to the Profession to which it addition of Fire Insurance (at least for the belongs, reflecting honour upon its name, and present), were examined, and found to be so a source of pride as well as of advantage to To Readers and Correspondents. weighty that it was deemed desirable to the Solicitors of the United Kingdom. By rescind the previous resolution, and exclude maintaining the highest reputation, it must A Victim.—There can be no question that the conduct de- Fire Insurance from the prospectus. Instruc- secure the most extensive business in the scribed was not only grossly unprofessional, but dishonest ; tions were forth with given at_the printing- land, and, consequently, the largest profits. and we think an indictment might be sustained. T. D. D. M. should at once consult his solicitor; or, if a office for the omission of the Postscript, but, Many letters are lying before us making solicitor, take counsel's opinion. The Law Times does unfortunately, they were forgotten in the inquiry as to the probable period for comnot answer queries of this sort. making up of the paper, which consequently mencing business, the writers stating that they €. B. M.–We believe there is no such work as either named . appeared with the announcement of an addition have policies in progress, which they will keep L. W.-This communication can only be inserted as an ad- which, subsequently to its being put into type, for their own Office provided there be a prohad been reconsidered and rescinded. spect of a speedy beginning. In reply we beg R. W. B.-The members of Prorisional Committees are It is unnecessary to state all the reasons that to say, that, according to appearances, a well jointly liable for all expenses. A SOLICITOR.- It is hoped thut the Solicitors' Insurance sult of earnest remonstrances from those who open for business on the first of January next. induced this determination ; but it was the re- founded hope is entertained that the Office will office will be enabled to begin business on the 1st of Janu- felt a deep interest in the success of the Soli- | That is the present intention. ary at Page 5
1922 freehold house and shop in Lower-road, let at 251.; also, THE MONEY MARKET. Com. Goulburn; Follett, off. ass.; Lawrance and Plews, * UI : Les » Jund-rent of 41. 48. arising from two houses in Church Bucklersbury, sols. Date of fiat, Oct. 16. Bankrupt's Depth of t-7001. own petition. freehold house, No. 20, Church-street, and the Bethel FEATHERSTONHAVLGI, ALBANY, butcher and farmer, ting House, let at 50l. per annum-7601. Great Bolton, Lancashire, Nov. 3 and 24, at twelve, Man* Metsround-rents, amounting to 311, 108. arising from Nos. chester ; Fraser, off. ass.; Gregory and Co. Bedford-row, 98 977 97 97 97 | 963 and Rushton and Armistead, Bolton-le-Moors, sols. Date . Three per Cents. Reduced 97 971 963 961 961 961 of fiat, Oct. 13. J. Lomas, gent. Great Bolton, pet. cr. round-rents, amounting to 331. 11s. 6d. arising from six New Three-&-a-quarter per Cts 997 994 98 98 98 98 Gill, Francis, dealer in hardware, Manchester, Nov. 5 EPORTSWOTE Arch-lane, with the reversion in about 37 years-1,1601. ses in Church-street, three in Chapel-street, and three in Long Annuities. Bank Stock 2054 205 206 205 206 2061 and 27, at twelve, Manchester ; Hobson, off. ass. ; Parkes and Co. Bedford-row, Motteram and Knowles, Birming264 265 265 2664 2661 266 ham, and Sale and Co. Manchester, sols. Date of fiat, carne ses in Church-street, and six houses in Chopel-street, India Bonds, prem... 58 57 56 55 54 54 Oct. 15. J. Poncia, general merchant, Birmingham, the reversion in 37 years-1,3501. Exchequer Bills, prem. 45 pet. cr. freehold ground-rent and reversion in 31 years, of some nises in Church-street, called the St. Mary Islington GURNEY, JOnn, brewer, Union Brewery, Lambeth-walk, FOREIGN C33200 Schial Schools, with a small part of the School of Indus- Spanish Five per Cents... Nov. 4, at half-past one, Dec. 3, at one, Basinghall-st. 263 271 271 27261 267 ? , et likewise a portion of the New Bunhill-fields Cemetery Spanish Three per Cents. Com. Evans; Bell, off. ass.; Lawrance and Plews, Buck 374 375 377 38 381 381 El barining—7161. lersbury, sols. Date of fiat, Oct. 13. E. Chuck, maltster, Russian 118711811191 1194 1195 1197 he whole of the above property was offered for sale pur. Peruvian.. 37 377 376 377 37 36 Ware, pet. er. at to an order of the High Court of Chancery, in the Portuguese ....... 575 584 573 57 58 581 Hardy, George, innkceper, St. Ives, Huntingdonshire, se of “Jervis ". Jervis.' Mexican.. 314 314 314 31 30 30 Nov. 4 and Dec. 3, at two. Basinghall-st. Com. Evans ; At the Hotel, Christchurch, Hants. Deferred 164 161 162 164 164 165 Johnson, off. ass. ; Brisley. Pancras-lane, so Date of a bo hame cephe freehold estate called Stourfield, 188a. 2r. 10p. situate Dutch Two-and-a-Half per fiat, Oct. 20. J. Boord and E. R. Swain, distillers, Bar21: ferhe parish of Christchurch, county of Hants-6,0501. Cents.. 592 593 591 58 59 59! tholomew-close, pet. crs. freehold estate comprising 36a. Ir. 36p. situate at Pokes Four per Cents. 923 923 927 927 934 934 Jones, Amos, innkeeper and baker, the Bourne, Stroud, m, and contiguous to the above-1,40il. Danish 87% 87% 871 871 87 87 Gloucestershire, Nov. 6 and Dec. 8, at eleven, Bristol, yentus asas tera "he above two lots were sold, and the remainder with Colombian 174 175 174 171 173 174 Com. Stephen; Hutton, off. ass. ; Blower and Co. Lin. Chilian 96 98 93 97 97 97 coln's-inn-fields, and Kearsey, Stroud, sols. Date of fiat, By Mr. ELGOOD. Buenos Ayres 49 484 497 497 50 47 Oct. 16. Bankrupt's own petition. 3 house, No. 2, Chester-terrace, Regent's park; held for Brazilian... 824 82, 82821 83 SYKES, JAMES, bosier, milliner, and laceman, Doncaster, i zens of the years, from September 1825, at 521. 90s. per annum; pur. Belgian 100 99) 99 100 1004 1004 Nov. 4 and 25, at eleven, Leeds, Com. West; Freeman, int to an order of the High Court of Cbancery, in the off. ass.; Messrs. Rushworth, Staple-inn, and Sanderson, * ises of " Bourne v. Dufour," " Bourne o. Williams"ana'001. Leeds, sols. Date of fiat, Oct. 16. Bankrupt's own pe tition. By Messrs. WILKINSON. THE GAZETTES. Gazette, Oct. 28. pjesa Ad improved ground-rent of 751. per annum, payable for BELLAMY, WILLIAM, builder, 4, Clarence-place, Middleton. --- Lapalpears, from Midsummer last, arising from Nos. I to 6, bion-terrace, Wandsworth-road-1,5601. AMOUNT OF DIVIDENDS DECLARED. road, Kingsland-road, Nov. 4, at twelve, Dec. 9, at eleven, Basinghall-st. Com. Shepherd ; Graham, off. ass.; Kearns, a lezb.1A net ground-rent of 371. 105. per annum, arising from The sum stated as the Dividend means so much declared in Red Lion-square, sol. Date of fiat, Oct. 23. 1. Parlour, stards. I to 5; held for the same term-6401. the Pound. The Assignees, when chosen, follow this stonemason, Canal-road, Kingsland, pet. cr. 2. A ditto, of 377. 10s. arising from Nos. 6 to 10–6101. statement. A cottage residence, No. 37, Church-road, De Beauvoir. Tuesdny, Oct. 21. BLACKBURN, ISAAC, engineer and scale maker, 128, Mi. uare, Islington; held for 715 years from Sept. 1845, at a Brown, J. J. grocer, div. next week. Bell, London. nories, and Northumberland-alley, Fenchurch-st. City, ound-rent of 77. per annum--3701. Davies, S. coal merchant, last exam. Nov. 11.-Peers, G. T. Nov. 7, at twelve, Dec. 9, at eleven, Basinghall-st. Com. A similar residence-3701. plumber, div. next week. Bell, London.-Softe, w. print. Shepherd; Turquand, off. ass.; Barber, Furnival's-inn, 2 t) : seller, last exam. passed.-Ventura, I. de J. merchant, last sol. Date of fiat, Oct. 22. By Messrs. THORNTON and SON, at Garraway's. S. Ridley, upholsterers' warede work as a freehold estate, situated in the parish of Horsell, Surrey, exam. passed. houseman, Newgate-st. pet. cr. sa stretomprising 6la. Ir. 14p. of arable and meadow land, with a Wednesday, Oct. 22. Burns, WILLIAM, draper, grocer, wine, spirit, and beer er metached farm-house and farm-buildings-2,5001. Chapman, R. J. gardener, assignees, Nov. 19. retail-t, Rhyl, Nov. 10 and Dec. 8, at twelve, Liverpool, An allotment of meadow land, in the parish of Purford, Thursday, Oct. 23. Com. Phillips ; Cazenove, off. ass. ; Reed. Friday-st. and Cook, E. grocer, last exam. passed.---Crosby and Co. hard Sale and Co. Manchester, sols. Date of fiat, Oct. 22. T. arrey, containing half an acre--241. A piece of land, situate at Chertsey, Surrey-5l. waremen, jt. div. next week. Graham, London.-Howland, F. Johnson and J. Crowther, warehousemen, Manchester, GEORGE MICHAEL Vox, merchant, 23, ake , . A copyhold estate, comprising a house, with barn, stables, hosier; div, next week. Graham, London. Mackenzie, R. DADELSZEN, be the end other out-buildings and garden, containing together one commission agent, last esan, passed.--Sarage, J. victualler, Mincing-lane, City, Nov. 6, at one, Nov. 28, at eleven, last exam. Jan. 8.-Stevenson, J. china dealer, last exam. Basinghall-st. Com. Goulburn; Green, off. ass. ; Law. S&S acre-3101. Dec. 20.-Turner, H. F. painted baize manufacturer, div. rance and Plews, Bucklersbury, sols. Date of fiat, Oct. 9. 2017. The freehold tolls, payable on the Ware and Stansted next weck, Grahan, London.--Williams, J. S. master mari. Bankrupt's own petition. ridges, in the county of Hertford, which are land-tax re. ner, assignees, Nov. 18. eemed, and the average receipts are about 2107. per annum DOCKER, JAMES, joiner and builder, Birkenhead, Cheshire, ***-1,3001. Saturday, Oct. 25. Nov. 10, and Dec. 9, at eleven, Liverpool. Com. Phillips ; Hutchinson, R. leatherseller, last exam. passed, Dec. 12. Morgan, off, ass. ; Frampton, Gray's-inn, and Hilliar, By Messrs. FAREBROTHER, CLARK, and LYE, at Garraway's. DIVIDENDS. Birkenhead, sols. Date of fiat, Oct. 20. W. Hinson, ironair prie A plot of freehold building land, having a frontage of 18 ft. Bankrupts' Estates. monger, Birkenhead, pet. cr. opy a depth of 56 ft., on the north side of a new street, to Official Assignees are given, to whom apply for the HOSKINS, GEORGE, watch and chronometer maker, Peckham, Dividends. plies called castela decorare and abrukting.son Chalcott-grove, Surrey, Nov. 6, at twelve, Dec. 6, at one, Basinghall-st. Com. Goulburn; Green, off. ass.; Ashley, Shoreditch, sol. A similar plot, adjoining--1937. Barron, G.builder, second, 3}d. Groom, London.-Bazley, Date of fiat, Oct. 24. T. Heath, M.D. Hoxton, pet. cr. be A ditto-1951. J. H. cotton manufacturer, second, 24 d. and first and second, HOWARTH, Tuomas, woollen manufacturer, Rochdale, 25. 63d. to new proofs. Fraser, Manchester.-Bowen, W. che weitere A similar plot--135. Lancashire, Nov. 12, at eleven, Nov. 28, at twelve, ManSix similar plots -- 1551. each lot. grocer, first, 18. 3d. Kynaston, Bristol. - Brez, J. J. tailor, chester. Hobson, off. ass. ; Clarke and Co. Lincoln's-inn. Twenty-nine plots produced 1951. each lot. 63. 8d. Morgan, Liverpool.-Britton, W. linen cloth manu fields, and Whitehead, Rochdale, sols. Date of fiat, Oct. facturer, first, ifd. Freeman, Leeds.-Burwirk, J. stuff Eight similar plots produced 1701. each lot. A ditto-1151. 16. Bankrupt's own petition. Two ditto-1237. each plot. manufacturer, first, 28. 1d. Hope, Leeds.-Clegz, E. flanod tog b* A plot of freehold building land, having a frontage of 20 to new proofs. Fraser, ' Manchester.-Cockburn, J. mer. nel manufacturer, second, 43d. and first and second, 58.430. LEMAN, EDWARD, Church-row, Newington, Surrey, and Bryan, THOMAS KINSMAN, wharfingers, Old Swan 4.2 feet, by a depth of 50 feet, on the east side of the Queen's. chant, fifth, 1s. Turquand, London.-Cooke, H. painter, Pier, Thames-st. City, Nov. 7, and Dec. 16, at eleven, Ena r road, leading to Primrose-hill-5001. first, 23. 2d. Morgan, Liverpool.--Couchman, J. T. builder, Basinghall-st. Com. Shepherd; Graham, off. ass. ; Mat. Four plots-115l. cach plot. first, gd. Groom, London. -- Forster, W. tailor, 6d. Mor: thews, Arthur-st. west, and Matthews and Hilder, By Dressrs. WINSTANLEY, at the Mart. Gravesend, sols. gan, Liverpool.--Fossick, S. warehouseman, fourih, itd. Date of fiat, Oct. 21. T. Nettleingham, A freehold estate in Hampshire, known as the Eastanton Groom, London.-Harrison, W. pattern dyer, first, 3s. 6d. J. Hills, R. C. Arnold, J. Smith, and B. Outrid, coal and Finkley Down Farms, comprising two farm-houses, Hope, Leeds.--Haselden, J. cotton spinuer, first, 2s. 60. merchants, Gravesend, pet crs. farm-buildings, and 730a. 2r. 3.p. of meadow, pasture, Fraser, Manchester. Smith, Sorata, grocer and draper, Garboldisham, Norfolk, arable, and down land; let for seven years, at 6501. per ASSIGNMENTS Nov. 5, at eleven, Dec. 2, at twelve, Basinghall-st. Com. annum-18,5507. Evans; Bell, off. ass. ; Torkington, New Bridge-st. A freehold estate, comprising a farm called Gincocks, To Trustees for the benefit of Creditors. Blackfriars, sol. Date of fiat, Oct. 16. T. Harmer and o sily situate in the parish of Osted, near Godstone, Surrey, com Gazette, Oct. 24. F. Revett, haberdashers, Norwich, pet. crs. prising a farm-house, buildings, and 125 acres of meadow, Grimmer, S. gentleman, Haddiscoe, Norfolk, Oct. 3. SUMMERS, JAMES, cabinet maker, Cambridge, Nov. 6 and pasture, and arable land-3,0001. Trusts. T. Brightwen, Great Yarmouth, H. S. Grimmer, Dec. 12, at two, Basinghall-st, Com. Goulburn; Follett, A house and shop, No. 51, St. Paul's Churchyard; held Haddiscoe, and J. W. Thurtell, of Loddon, gentlemen. Sol. off. ass.; Messrs. Baddeley, Leman-st. and King, Cam. for 14 years from September, 1835, with a promise of re- Bohun and Rix, Beccles.-Harris, J. baker, Wingham, bridge, sols. Date of fiat, Oct. 27. J. Smith, publican, newal for a further term of 14 years, from September last, at Kent, Oct. 20. Trusts. G. Robinson, miller, Preston, next Cambridge, pet. cr. 2001. per annum, part let off at 120!. per annum-5001. Wingham, Kent, and R. Quelch, gardener, Ash, next TUNE, Henry, boot and shoe manufacturer, 102, Black, Sandwich. By Messrs. MUSGROVE and GADSDEN. Sol. Solly, Sandwich.--Oakden, R. baker, friars-road, Nov. 5, at half-past twelve, Dec. 2, at one, An improved rent of 45l. per annum, arising from a house Union-st. Kingsland-rd. Oct. 22. Trusts. G. Westrup, four Basinghall-st. Com. Evans; Bell, off. ass.; Bickley, and shop, No. 34, Duke-street, Manchester-square, let at factor, Whitechapel-rd, and R. Hunt, miller, Munsdon Barge-yard, Bucklersbury, sol. Date of fiat, Oct. 24. J. 1201. ; held for 58 years from Christmas last, at 75l. per an- mills, Hertfordshire. Sol. Tanner, New Basinghall-stree:. Ruby, leather merchant, Upper Goldington-st. St. Pan Gazette, Oct. 28. Dum-3601, Barker, w. baker, Hull, Oct. 24. Trusts. C. Bainton, Two houses and shops, No. 112, Cromer-street, and No. 1, cras, pet. cr. Brunswick-street, let at 701.; held for 80 years, from Christflour faetor, Hull, and C. Rook, miller, Bererley, Sol. Todd, Warr, RICHARD), auctioneer, builder, and cabinet maker, mas, 1809, at a ground-rent of 161. per annum-5201. Hull. Cairns, J. the younger, and Strickland, W. Turkey Nov. 13 and Dec. 4, at one, Exeter, Com. Bere; Herna man, off. ass. ; Pearson, Essex st. Strand, Cox, Bea. Two houses, Nos. 2 and 3, Brunswick-street; held for 80 red dyers, New Mills, Derbyshire, Oct. 17. Trust. J. Charlton, drysalter, Manchester. Sol. Foster, Manchester.--Har. mioster, and Bishop and Pits, Exeter, sols. years, from 1810, at 201. 10s. per annum-3501. Date of fiat, Oct. 21. D. Lane, timber dealer, Beamioster, pet. cr. Two houses, Nos. 6 and 7, Riley-street; held until 1889, rison, J. E, hatter and hosier, Nottingham, Oct. 21. Trusts. at 211, per annum--1201. vark, and J. Miller, J. Cheshire, hatter, Gravel-lane, Sou Three ditto, Nos. 2 and 9, Dutton-strect, and No. 2, hatter. Denton, Lancashire. Sol. Campbell, Nottingham. - Meetings at basinghall-street. man, plumber, and A. Williams, tailor, both of Oxford, per annum-1151. Gazette, Oct. 24. Sol. Taylor, Castle-st. Holborn.--Morris, H. mason, Dorset. st. Clapham-rd. Oct. 23. Trust. T. Robson, marble merOn the premises, 29th October, 1845, a commodious Ayling, J. cabinet maker and upholsterer, Commercial street, Leeds, Yorkshire, Nov. 14, at half-past one, div. Sol. house, shop, and private entrance, being No. 34, St. James'sa chant, Western-wharf, Abingdon-st. Westminster. street, held on lease, 7 years of which are unexpired—1601. Letts, Bartlett's-buildings. Cann, R. bootmaker, Woolwich, Nov. 14, at half-past one, audit.-Clarkson, W. boot and shoe manufacturer, Redcross st. Nov. 14, at half-past one, div.-Elphick, s. victualler, Bankrupts. Bermondsey-st. Nov. 3, at one, last exam.-Farrow, J. The following scale of charges, reduced DATE OF FIAT AND PETITIONING CREDITORS' NAMES. draper and grocer, Stanton, Suffoik, Nov. 14, at one, div. --Frearson, W. H. sewing cotton manuacturer, 106, Wood. more than one-third, has been adopted for Gazette, Oct. 24. st. Cheapside, and West Ham, Essex, Nov. 14, at twelve, CASTLE, RICHARD, grocer and miller, Twyning, GloucesterAdvertisements of Estates for Sale, &c. div.--Green and Green, stationers, Barge-yard, Nov. 14, at shire, Nov. 6, at twelve, Dec. 11, at eleven, Bristol, Com. half-past eleven, audit.-Kerschner, G. F. victualler, Hollo. exceeding 10 lines in length: Stevenson ; Acraman, off. ass.; Richards and Thomas, way, Nov. 25, at twelve, audit.-Luckin, G. bootmaker, High Tewkesbury, and Peters and Abbott, Bristol, sols. Date of Holborn, Nov. 14, at half-past twelve, audit.- low, c. For the first 70 words 58. fiat, Oct. 17. Bankrupt's own petition. tailor, 46, Blackman-st. Southwark, Nov. 14, at half-past FARYON, WILLIAM, licensed victualler, 56, Farringdon-st twelve, div.-Peake, J. miller, Tolleshunt Knights, Essex, For every succeeding 30 words, 1s. City, Oct. 31, at two, Dec. 6, at twelve, Basinghall-st. Nov. 14, at eleven, to audit, and Nov. 21, at eleven, div. Page 6
Kerest to Lowthen ; they, however, continued to keep that the debts and sums of money claimed in the suit in this case, on the ground of mis direction, the heir names on the registry at the Stamp Office as declaration were due before the adjudication, and learned judge having left it to the jury to say which proprietors up to the 31st of December last ; and the that the plaintiff was duly inserted in defendant's party had made out the best title, instead of directing question was, whether the certificate produced from schedule as a creditor. them that the lessor of the plaintiff must recover by he Stamp Office was under the 6 & 7 Wm. 4, c. 76, The case was tried before Mr. Justice Erle, at the the strength of his own title, the defendant being in 8, conclusive evidence of their being such pro- last assizes for Bristol, when it appearing that the possession. Rule nisi. prietors. Rule nisi. particular debts claimed in the declaration were not PHILLIPS r. WAREY. BUSINESS OF THE WEEK. inserted in the schedule, Mr. Justice Erle ruled that Practice. they were not barred by the defendant's discharge A motion to set aside a rule for a new trial, which had Ward v. WALKER.–Talfourd, Serjt. moved for under the Act, but gave the defendant leave to move been obtained on the condition of payment of costs, " new trial, on ground of the verdict being against to enter a verdict, if it should become necessary. The ichich condition had not been complied with, is only vidence. Rule nisi. defendant had a verdict on the merits, on the first bill a rule nisi, and is not absolute in the first instance. VALLANCE v, DUKE OF BRUNSWICK.-C. Jones, declared on ; and as to the other the jury found for the In this case a rule for a new trial bad been obtained jerjt. moved for new trial, on ground of the improper plaintiff. on the condition of payment of costs. eception of the evidence of Mr. Pearson, as to the Kinglake, Serjt. now moved to enter a verdict for Hugh Hill now moved to set aside this rule on the haracter of the plaintiff. Rule nisi. the defendant on the second count of the decla- ground that the costs had not been paid pursuant to WARD v. FIRMIN.-Shee, Serjt. moved to increase ration which was on the other bill, on the ground the condition, and submitted that it was a case in he verdict by 1231. 165. 2d. Rule nisi. it was not necessary, under 1 & 2 Vict. e. 110, that which the Court would make the rule absolute in the Re COBBETT.-Mrs. Cobbett applied in behalf of every debt owed to a particular creditor should be in- first instance. her husband for a writ of habeas corpus. Refused. serted in the schedule of an insolvent before it could By the COURT.-We cannot make this rule abso. Tuesday. be barred by his discharge, but that it was sufficient lute in the first instance ; for it may be that the MIDDLETON v. Davies-for a new trial, the ver- if the creditor's name waslinserted, and he had notice. party who obtained the rule may have some excuse ict being against evidence. Rule nisi, He also moved on the ground that the replication to offer to the Court. You can take a rule nisi, which BAILEY R. BRADLEY-by consent of counsel, a was bad, non obstante reredicto, as not answering the will make itself absolute if no cause is shewn. pecial case to be stated. Byles, Serjt. for plaintiff; plea. Case cited, Davis v. Lloyd (2 Jurist, 351). Rule nisi accordingly. "hannell, Serjt. for defendant. Rule nisi. MEDHURST v. CHRISTMAS-rule for a new trial GASKELL v. LEFTOX. DENHAM r. Preston WYRE RAILWAY COMPANY. efused. Atkinson moved for a rule calling on the sheriff to New trial. pay over to the plaintiff certain moneys, which he had Martin, Q. C. moved for a new trial on the ground WILMSHURST v. Deane and OTHERS-rule for a retained as his poundnge, &c. &c. upon a seizure of of misdirection. The question for the Court was, new trial refuged. divers horses and other goods of the plaintiff, made by whether a certain contract which had been entered BEAUMONT v. GREATHEAD-Byles, Serjt. moved him for the defendant, and for keeping possession of into by the plaintiff with the defendants required a co set aside the verdict for the defendant, and enter the same until he obtained an interpleader rule. One note in writing under the 4th section of the Statute astead a verdict for plaintiff for nominal damages. part of the sheriff's charge was 31. for the keep of the of Frauds. Rule nisi. horses during the time he held possession, which, it Cases cited : Donalson v. Reed (3 B. & Ad. 339); WHIPHAM V. JEWSON.-Byles, Serjt. moved to was contended, was an illegal charge. Rule nisi. Fenton v. Embler (3 Burr. 1278); Peter v. Compton enter a verdict for the plaintiff. Rule nisi. (1 Smith L. C. 143). Rule nisi. GRAFTON V. ARMITAGE.-Doucling, Serjt. moved FARROW r. VARDY. to enter a nonsuit. Case cited, Atkinson v. Bell (8 B. New trial. BUSINESS OF THE WEEK. Monduy. plea was that the defendant did not make the note. LOCKHART v. BARNARD. Byles, Serjt. — To WALKER r. HUNTER.—Talfourd, Serjt. moved At the trial the note was put in evidence, and the enter a verdict for plaintiff on the second issue. for a rule to set aside the nonsuit, and enter a verdict handwriting of the defendant proved; after which the Rule refused. for plaintiff or for a new trial. Case cited, Barker defendant called evidence to shew that the note had CLARKE 0. GAMM.-Gray-To rescind an order f. St. Quintin (12 M. & W. 441). Rule nisi. been paid, and afterwards re-issued, so as to require of Platt, B. to review taxation. Rule nisi. EDWARDS v. NORRIS.-Channell, Serjt. moved a new stamp. Cock v. Gent and OTHERS,- Wordsirorth shewed for a new trial against evidence. Rule refused. Jerris, for the plaintiff, then contended that it was cause against a rule obtained by Petersdorff, for an BURROW v. JUPP.—Byles, Serjt. moved for a new too late to object to the note on that ground, as it had attachment for non-performance of an award. Peters. trial against evidence. Rule nisi. been read in evidence; the proper time to shew that dorff, contrà. Rule discharged. WADE v. SIMEON.-Shee, Serjt. moved for a new the note was inad issible being at the time it was BERRY r. ALLEN.-Mumfrey-To strike out the trial on affidavits. Rule nisi. produced in evidence. The defendant however had a entry of satisfaction on the roll, and for leave to issue Simmons v. MILLINGEN.-C. Jones, Serjt. moved verdict, with leave to the plaintiff to move to enter a execution for the amount of the attorney's costs. to enter a verdict for defendant, or for a new trial. verdict. Rule nisi. Rule nisi. Jerris, Q.C. now moved accordingly, citing Barl- Aston v. Burts and ANOTHER.-Plea of payPhelps r. NORMAN.- Byles, Serjt. moved for a lett v. Smith (11 M. & W. 483). Rule nisi. ment into court.-Gray-For judgment non obstante new trial, verdict being against evidence. Rule nisi. reredicto, or for a repleader. The declaration stated Doe dem. ATKINSON v. Fawcett.-Channell, LOAD and ANOTHER ", REEVE and OTHERS. that the defendant having lawfully entered into a certain Serjt. moved for a new trial on the ground of misd. Motion for nonsuit. dwelling-house of the plaintiff, afterwards seized and rection. Cases cited, Bebb v. Penryre (11 East, 160); This was an action of trover, brought against the took hold of the plaintiff, and turned him out of the Paris v. Miller (5 M. & S. 408); Roe v. Bacon, (4 assignees of a bankrupt, and the question was, house into the public street. To this the defendant M. & S. 367). Rule nisi. whether they were entitled to retain, as against a par- pleaded payment of 401. into court. The replication MANSER 0. Davis.-Channell, Serjt. moved for a ticular debtor of the bankrupt, goods purchased of traversed the sufficiency of that sum, and the denew trial pursuant to leave reserved. Cases cited, that particular debtor by the bankrupt fraudulently. fendant obtained a verdict. It was now argued that Whittington v. Boxall (5 Q.B. 139); Butcher v. But: The verdict was found for the plaintiffs, with leave to the declaration charged an assault and battery, to cher (7 B. &. C. 399). Rule nisi. the defendants to move to enter a nousuit. which payment into court could not be pleaded. COOKE 0. WETHERELL.-Channell, Serjt. moved Humphrey, Q.C. now moved accordingly, citing Cages cited : Rawlings v. Till (3 M. & W. 28); Newfor a new trial on affidavits. Rule nisi. Parke v. Patrick (5 Term R. 175). Rule nisi. ton v. Holford. Rule nisi. NEEDHAM V. DOWLING.–Plaintiff in person TAYLOR r. STIRLING.-Yardley-For a rule nisi to moved to set aside the nonsuit. Refused. TAYLOR ». LAWRENCE. set aside an attachment against the sheriff of Middle- Rule nisi. This was an action of trover for certain tools, ver. Tuesday. COURT OF EXCHEQUER. dict for the plaintiff. Martin, Q.C. now moved for a nonsuit, on the Doe dem. BippArt v. The MAYOR OF Swansea. NEW COURT. -E. V. Williams moved for a new trial. Rule nisi. ground that tbere was no evidence of a conversion, Tuesday, November 4. GOODYER v. SIMPSON and Others.-Crowder, it being shewn at the trial that the tools had been Q.C. moved for a new trial, or to reduce the damages SUBERY . THOMAS. left by the plaintiff with the defendant as a security to 601. This was an action to recover 5001. for money bad for certain moneys which the plaintiff owed him. Rule refused as to new trial, but granted to reduce and received, and it appeared that an action to recover Rule nisi. the damages. this amount had originally been brought in the Tolsey Wednesday, Nor. 5. CHAMBERS T. THOMAS and ANOTHER. - Chil. Court at Bristol ; but during the time the action MOUNSEY, P. O. v. MOUNSEY and Others. was pending there, the plaintiff agreed to take three Motion to arrest the judgment. ton, Q.C. moved to enter a verdict for the plaintiff, Cur. adv. vult. promissory notes for 1001. each for his debt, and stay This was an action of cover,ant on a surety-bond or for a new trial. all proceedings. One of the three promissory notes, for the faithful servitude of one Brown, as manager enter a verdict for the defendant on the first, third, Pellew r. GARDINER.-Baines, Q.C. moved to however, not being paid when it became due, the of a joint stock bank. A verdict having been found for and sixth issues, which had been found for the plainpresent action was brought to recover the whole sum the plaintiff, Walson, Q.C. moved for a new trial, or tiff in this action. Rule refused. claimed of 500l. The defendant pleaded (amongst to arrest the judgment. The ground for arresting Reynard v. Tomkinson.-Baines, Q.C. moved other pleas), that except as to 3001. he was never the judgment was, that an improper construction had for a nonsuit. Cur, adv. vult. indebted, the plaintiff having agreed to take three been put on one of the covenants in the deed. VIRTUE v. RUSSEL.-Simonds moved for a new promissory notes of 1001. in full discharge of the debt The grounds for moving for a new trial were merely trial. Cur, adv, vult. of 5001. This plca being found for the defendant, questions of fact for the jury. Butt, Q. c. now moved to enter a verdict for the Rule nisi to arrest the judgment, but refused as to for a new trial, on the ground that the verdict was a Shank r. SwEeTLAND.-Cockburn, Q.C. moved plaintiff, damages 2001., on two grounds ; first, that the new trial. the agreement, as proved at the trial, did not make Rule nisi. DAVIS v. LORD BUTE. perverse one, as against evidence. out the plea; and secondly, if it did, still the plea Motion for new trial, and to set aside plea. HUMPHREYS v. LUCAS.-Watson, Q.C. moved for was bad non obstante veredicto, as it merely set up a Jervis, Q. Č. moved for a new trial, and to set a new trial. Rule refused. promise to pay a smaller sum in satisfaction of a aside a plea which had been pleaded by the defendant Wednesday. larger that was due. in this action. The plea had been objected to, and a BARKER v. FLOWER.-Crouder, Q.C. move for a Cases cited: Thomas v. Heathorn (2 B. & C. 477); summons taken out to set it aside, but it was allowed new trial. Rule refused. Down.v. Hatcher (10 A. & E. 121). Rule nisi. by the learned judge, on the condition that if a sinilar CUMMIN v. DedBOROUGH. - Whateley, Q. C. one, which had been demurred to in another action, moved to enter a verdict for the plaintiff. LEONARD v. BAKER. was held bad, it should be withdrawn. That plea, on Cur. adv. rult. New trial. argument, had been held bad. Rule nisi. TOLMAN r. Hedley.-Martin, Q.C. moved for This was an action brought to recover a sum of a new trial. Cur. adr. vult. money alleged to be due on two promissory notes. Doe dem. STEEL v. HILL. GAMBLE v. UTTING.-Palmer moved for a new The defendant (amongst other pleas) pleaded his dis New trial. trial. Rule refused. -charge under the Insolvent Act (1 & 2 Vict. c. 110), O'Malley moved for a new trial or to enter a non- PEXXELL V. STEVENSON. Whitehurst, Q. C. moved for a new trial, or to reduce the damages, on an appointment to tax, which, however, he did not objection relied upon was the perjury of a w the ground that the verdict was against evidence. attend, but on 1st of July served the defendant upon which a bill of indictment has since been a Rule nisi for a new trial, unless the plaintiff con Page 7
orkshire--Reg. v. The Inhabitants of Scammonden Bennett r. Cooper Kelly v. Norris of the company of the institution. By that Act of isser-Reg. v. Christopher Neville, clerk Hodgkinson v. Cooper Barker v. 'Thurnall, 2 causes erts-Reg. v. James Smyth 1803 it would appear that the shares in the London Atkinson 9). Bartrum Lucchesi r'. Ashley Institution were to be forfeited unless an annual sser-Reg. o. H. J. Conyers, esq. and others Price r. Price Clarke v. Tipping payment or subscription of two guideas were made. mdon-Reg. v. William Jones Thomas 1. Davies Golding v. Castle, 3 causes Now, he should submit, that although this decreed that urham-Reg. v. The Surveyor of the Highway, township Budd r. Flowerdew Grose v. Ewer there should be a forfeiture of the shares upon of Westoe Bradstock v. Whatley, 2 cau. Burrell v. Baskerfield, 6 cau. adnorshire--Reg. v. The Inhabitants of Heyop Pelly v. Wathen, 3 causes Hulme v. Chitty nonpayment of the subscription, yet that in law the ent-Reg. c. The Mayor, &c. of Sandwich Stocken o. Dawson, 4 causes Tanner r. Dancey, 2 causes payment of the subscription could not be held to be a Reg. 4. George Buchanan Parker v. Bailly Attorney-gen. o. Clarke * compulsory” payment. By law a “compulsory" * 13 Day'iddleser--Reg. v. 'The Inhabitants of Mile End Old Town Butterworth v. Harvey, 3 cau. Benson T. Lamb payment was tbat which could be enforced by action, Lord Nelson v. Nelson Farquhar v. East India Com- as in the case of a railway or other trading comDormas v. Borradaile pany, 2 causes pany for “ calls." CHANCERY CAUSE LISTS. Routh v. Hutchinson Seifferth v. Badham Mr. Alderman Wilson would beg to ask of th Harris v. Farwell Michaelmas Term. Lambert v. Newark, 4 causes Haldenby v. Spofforth, 4 cau. Smyth v. Lowndes learned counsel whether this company did not make a The following lists, including all the Equity Causes enter. Donovan v. Needham Sherwood r. Beveridge dividend or a bonus by selling their shares at a profit? i up to the ist instant, shew the state of business before Sparling ». Parker Bourne c. Brett, 2 causes Mr.James said certainly not; for, according to the ve Lord Chancellor and the other equity judges :Attorney-gen, r'. Newman Beavan v. Gilbert by-laws of the company, all surplus of receipts over Before the LORD CHANCELLOR. Attorney-gen. v. James Gee v. Gurney and above the expenditure was to be applied to inrickland v. Strickland, 3 The Attorney-general v. The Leavins v. Edmonson, 6 cau. Petty v. Petty, 8 causes creasing the library, or to the building of additional illar v. Craig Master and Wardens of the Dickinson r. Rusbridger Man v. Ricketts, 2 causes avenport v. Bishop lecture-rooms for the benefit of the establishment. City of Bristol Bromley r. Wright, 2 causes Yearwood r. Yearwood orbes t'. Peacock Truelock r. Robey Hooper v. Green Mr. Alderman Musgrove reminded the learned Attorney-gen. r. Phipps ylee v. Hinton Younghusband v. Gisborne Cross v. Hennington, 2 causes Day v. Holbrook counsel that he had not given an answer to the ques. liln v. Walton Snow v. Tilby Matthie v. Edwards Courtney ^. Williams tion which had been asked of him. andeleur v. Blagrove Whitworth 1. Gaugan Blake v. Blake Thorpe r. Duke Mr. James said he would give an answer to each Barker u. Wallis rosley v. Derby Gas Com- Bush v. Shipman Whilton r. Field, 2 causes pany of their worships seriatim, but he found some diffiBlack v. Chapter Passingham v. Sherborne, 3 Baker v. Sowter, 3 causes arker . Bult causes Mitford v. Reynolds, 2 causes culty ; indeed, it was not an easy matter to answer Taylor o. Taylor adbrooke v. Smith Thwaites ". Foreman Beavan , Gilbert Richardson ». Corbett a question of law put to him by a non-legal alderman. litch v. Leworthy Watts v. Lord Eglintoun Heming v. Archer, 3 causes Nelson r. Duncombe. Considerable argument then ensued, and eventually ooke v. Lowndes Curson v. Belworthy The Recorder said he considered that this paylinor v. Minor, 3 appeals Watson v. Parker CENTRAL CRIMINAL COURT. ment must be looked upon as a “compulsory” pay. Drake v. Drake Dietrichson v. Cabburn Jalton v. Hayter Monday, Nov. 3. ment, and not a "voluntary” payment, within the Bellamy v. Sabine This being the first day of Term there was a special meaning of the statute. The appeal must conseDe Jaggett v. Meux The Att.-general v. Malkin meeting of the learned judges, for the purpose, in quently be allowed. Payne v. Banner Johnson v. Child Dobson v. Lyall Kidd r, North accordance with the provisions of the Central Criminal Mr. James then applied for a case to go to the C# Loorat r. Richardson Dord v. Whitwick Court Act, of giving the periods for holding the ses- Queen's Bench, for the question was of great im* Jillbank v. Collier Molesworth v. Howard sions of this court for the ensuing year. portance, and in the present instance the rating was Deeks v. Stanhope, 3 appeals Carmichael r. Carmichael At twelve o'clock the Right Hon. the Lord Mayor for 1501. per annum. Viltshire w. Rabbitt Hawkes t, Howell urcher u. Hudson entered the court, accompanied by the following Heming v. Swinnerton The Court refused the application. ED: Curner v. Newport Traill v. Ball learned judges :-Mr. Baron Alderson, Mr. Justice Youde v. Jones. Patteson, Mr. Justice Coleridge, Mr. Justice Colt. PROCEEDINGS OF LAW SOCIETIES. Before the VICE-CHANCELLOR OF ENGLAND, Mr. Clark, the clerk of the court, then said that Huxtable v. the State of Illi- Roberts r. Thomas their lordships had been pleased to appoint the folnois Cheesman v. Vincent Wood r. Parr Mayo v. Roake lowing days for holding the sessions during the en. METROPOLITAN AND PROVINCIAL LEGAL ASSOCIATION. Hollingsworth v. Grasett Ware v. Rowland suing year :- Langston v. Manby Richards v. Perkins, 3 causes 1845. On Monday last a deputation from the council of Hunt r. Kemp Attorney-general 1. Earl of Monday, November 24. | Monday, December 15. the Metropolitan and Provincial Association, consist. Damer ». Blount Devon 1846. ing of Messrs. Godfrey, Goddard, Donne, Turner, Stutely v. Chadwicke Beale v. Boot Monday, January 5. Monday, June 15. Kinder, and Dignam, with the Secretary, bad an in Monday, July 6. * Bryan v. Twigg, 3 causes Willis v. Jones Monday, February 23. Monday, August 17. terview with the Chancellor of the Exchequer on the Lewis v. Hinton Hazlewood r. Partridge Monday, March 30. Monday, September 21. subject of the remission of the annual duty on Grand Junction Canal Com. Jones v. Jones, 4 causes Monday, May 11. Monday, October 26. attorneys' certificates. The Chancellor received the pany v. Dimes Harris v. Davison Their lordships then retired. deputation with much courtesy, and listened attenWilson v. Williams Davis t. Best tively to the objections to the tax that were most ably * Nicholson v. Wilson, 2 causes Parker r'. Goude Beckwith . Hawkins, 2 caus. Davis v. Chanter LEGAL INTELLIGENCE. urged by Mr. Goddard. It was evident however Jenkins v. Briant Burton v. Taylor that the Chancellor entertained the popular notion Atkinson v. Jones, 2 causes Johnson v. Forrester that the profession was still a highly lucrative one, RATEABILITY OF LITERARY INSTITUNixon o. Taff Vale Railway Duff v. Denton and could very easily afford to pay the tax; and he Company, 2 causes Ross 1. Blink TIONS. was also far from admitting that the high and com. Friswell v. King Jones r'. Dyer This question came before the London Sessions on fortable places of the profession were closed against Smith 0. Ward Henderson o. Eason an appeal by the parish of St. Stephen, Coleman- the attorney. Gaches r. Warner, 2 causes Mr. Goddard, however, assured the Searle u. Law Lake v. Tucker Farrebee ". Lewis street, against a certificate which had been granted by Chancellor, that speaking from the experience of Mayor of Louth v. Warden May v. Stephens Mr. Tidd Pratt, under the provisions of the 6 & 7 twenty-seven years, the opinion he entertained on Goodall v. Marwell, 2 causes Dave v. Read Vict. c. 36, an Act which was expressly passed with a these points was not really in accordance with the Blackburn v. Staniland Harcourt o. M'Cabe view to the exemption from liability to rates of all facts. The objections to the principle of the tax were Champion v. Champion Booth v. Creswick lands and buildings belonging to societies which ex- fairly and clearly stated, and the deputation retired, Hill v. Hanson Furness v. Mashiter Sanders l'. Sanders, 2 causes Foster v. Selby clusively related to the cultivation of objects of science with an assurance from the Chancellor that he would Godkin v. Macdonald Allibone o. Jones and literature, and being supported by annual “ vo- take the subject into consideration. Jones v. Francis Smith v. Sherwood luntary” contributions or subscriptions. clough CORRESPONDENCE. CHARGES IN CONVEYANCING. Robinson v. Lizardi Galton 0. Emiss, 2 causes appeal, and in maintenance of the rate. TO THE EDITOR OF THE LAW TIMES. Tarbuck . Martin Parlabcw 1. Goose Mr. James in the outset took several preliminary SIR,_Allow me to call your attention and that of Dodsworth v. Lord Kinnaird, Livesey r. Willcock objections, but eventually abandoned the who of 2 causes Adams v. Barry them, and then proceeded to contend, that the Lon. your numerous readers to a subject which, so far as I am aware, has not hitherto been mooted in your Hobson v. Everett, 2 causes Murray v. Murray don Institution being a society which was solely and journal; I allude to the difference in the charges Burnie v. Getting Gregson v. Heathcote exclusively devoted and applied to the cultivation, made by solicitors as regards conveyancing, scarcely Smyth r. Grahain Davies v. Davies Hatfield v. Wells Clough v. French maintenance, and pursuit of literature and science, any two being found whose scale of charges would Parry v. Maddocks Woodward v. Miller and supported by voluntary subscriptions, payable correspond. A case has lately arisen within my own Morgan v. Maynard Gray v. Reynolds. annually, clearly came within the intent and meaning knowledge, where, “ for work and labour done and of the statute in question. That being the case, he performed” severally by two attorneys under preBefore VICE-CHANCELLOR WIGRAM. should submit, with great confidence, that the insti. cisely similar circumstances, the bill of the one ex tution, like all others of a similar character, was Adie v. Walford, 2 causes ceeded that of the other by three pounds, neither of Holt v. Dewell exempt from the liability of being assessed to any pa- them, be it observed, amounting to nine pounds. In Atkinson v. Boyes Norman r. Fraser, 3 causes Wood r. Freeman Hicks o. Winterbottom rochial rate. The learned gentleman next went into fairness, I think, to the younger members of the Way v. Bassett, 2 causes Winckworth o. May a history of the origin of the London Institution, Profession, who have not experience for their guide, Sharp v'. Taylor, 2 causes Falkner v. Lord Wynford which, he observed, bad been founded by charter and who naturally feel at a loss what course to adopt Hill o. Davis Pooley o. Majoribank granted in the reign of George III., and had received (whether the high charges of Mr. A, or the low ones Dykes v. Farr Harris v. Slade further powers under the provisions of another Act of Mr. B, will eventually bring “most grist to the Wavell c. Sunderland Hicks v, Flower Monypenny v. Dering Harries v. Lewis passed in the year 1803. mill," forming usually the main point for their conBuckell v. Blenkarn Mayrick 0. Lawes Mr. Clarkson (here interrupting) said, that his sideration), a general scale, so far as it is practicable, Sayer o. Sayer Horlock v. Patch learned friend and himself had no intention of contend- should be adopted. If some of your experienced Winter v. Derrick ing that the London Institution did not fall within readers would furnish you with their practice in these the meaning of the statute, so far as that it was an matters, such might be readily framed, and perhaps Before the MASTER OF THE ROLLS. institution founded for the purposes of promoting space found in your paper for its publication, which James u. James Marquis of Hertford v. Lord science and literature; but that which they should would confer a favour on many of your subscribers, Walton ». Potter Lowther take as their ground of argument was, that the insti; and, amongst them, on Yours, &c. F. DE S. Langley v. Fisher Davenport 1. Charlesworth, tution, the London Institution, was not supported Hope t. Hope, 3 causes 2 causes entirely and alone by voluntary subscriptions. That ATTORNEYS' GOWNS. Richardson v. Horton, 3 cau. Parker 0. Parker was the real ground of objection. Attorney-gen. v. Bedingfield Campbell v. Crook Mr. James said that that objection, of course, TO THE EDITOR OF THE LAW TIMES. Hele v. Bexley, 2 causes Lethridge v. Chetwode Sir,-In reply to your “red tape" correspondent, Gibson v. Nicol, 2 causes upon the construction to be put upon the Lord Nelson v. Lord Bridport would ari Earl Dundonald v, Norris Augerand v. Parry Act of 1803 with respect to the absolute constitution who, in your last week's paper, signs bimself“ Spec Page 8
DIVIDENDS. 19, at one, Basinghall.st. Com. Fane; Whitmore, off. ass ; Jarris, J. tailors, Strand, Oct. 22.-Bartlett, C. Bankrupts' Estates. Messrs. Goddard and Eyre, Wond-st. Cheapside, sols. C. C. commission merchants, Gloucester, Oct. Ein mont, G. and A. M. manufacturers and meredzes, Diridends. SPELLER, EDWard, tea dealer and grocer, No. 36, Berners. bury and Huddersfield, Oct. 15. Debes paid in the Barker and Adams, third, d. Christie, Birmingham. st. Oxford-st. Nov. 14, at eleven, Dec. 16, at twelve, mont.--Binning, C. and Hurnan , W. drapen, tua Brewer, T. flag dealer, first, 2s. 3d. Cazenove, Liverpool. Basinghall-st. Com. Shepherd ; Turquand, off. Oct. 1.-Cox, J., J. F. and W. maltstors an Wire and Child, Saint Swithin's-lane, sols. Date of fiat, by the remaining partners.-Fenton, A. and Maria Buford, G. wholesale grocer, first, 5s. Cazenore, Liverpool. Brampton, so far as regards W. Cox, Oct. 22. Nov. 3. Bankrupt's own petition. G. merchants and manufacturers, Sheffield, Ia. 13s. 4d. Hobson, Manchester. --Currie, R. bookseller, third Chatham, Nor. 18. at twelve, Dec. 12, at eleven, Basing. G. H., Bayly, T. K. and Miles, J. W. harles de and final, 3d, and 1-3d of id. (in addition to 4s. Bd.) Baker, hall-st. Com. Hoirord; Edwards, off. ass.; Sharp, DeNewcastle.- Diron and Co. carpet manufacturers, first, vonshire-terrace, High-st. Marylebone, sol. Date of fiat, Sept. 30. Debts paid by A. G. H. Battereby, I [: 138. 4d. to new proofs, second, 4d. Valpy, Birmingham. Oct. 30, H. Maudslay, widow, 4, Hamilton-place, Brix and J. W. and W. Miles.-Lowe, C. and E, and free Hill and Co. ship agents, fourth, 7d. Graham, London.- ton, pet. cr. milliners, Ryde, Oct. 1. Debts paid by C. end Irring, J. linen draper, first, uld. Fobson, Manchester.- STRAIGHT, GEORGE, dealer, cutter, and worker in irory, Oct. 11. MW'han, J. and Haughton, W. tallow chander. La Debts paid by M'Whan.- Marest, Pallister and Newrick, grocers, second and final, 4 d. Baker, Date of fiat, Oct. 28. G; chester, Oct. 23. Debts paid by J. Mountain -FF carriages, Richmond, Oct. 23.- Robigion, J. 2017 London. ASSIGNMENTS st. Soho, Nov. 12, at half-past one, Dec. 12, at twelve, Squire, B., Clough, N. and Leppinguell, H. PETZ. Basinghall-st. Com. Erans; Bell, off. ass.; Buchanan, Oct. 23.- Stebbing, G. sen. and H. Notre Basingball-st. sol. Date of fiat, Nov. 1. Bankrupt's own mouth, Oct. 23. Debts paid by Stebbing, so Gazette, Oct. 31. petition. Gazette, Oct. 31. Trusts. T. Harward, wholesale grocer, Maiden-lane, Queen. Bell, T. and Watson, R. naptha manuten Cheshire, Nov. 18 and Dec. 16, at twelve, Liverpool, Com. bill, Durhain, Oct. 25.-Beswick, T. and be street, Cheapside, and W. Smith, teadealer, Fenchurch. Phillips ; Cazenote, off, ass, ; Norris and (o. Bartlett's. coach proprietors, Bolton, Oct. 25. – Burden i ti street. Sols. Hill and Matthews, Bury.court, St. Mary-axe. buildings, and Morris, Liverpool, sols. Date of fiat, Oct. w. coal factors, high.st. Wapping, Oct. 96.-Inila Gazette, Vor, 4. W'. Vaughan, gent. Woodchurch, Cheshire, pet. crs. W. ship builders, Hylton, Oct. 13.-Cougi, Sol. Flower, Manstield.- Harrison, J. E. hatter and hosier, Date of fiat, Oct. 31. Bankrupt's own petition. G. and Dyer, R. wine merchants, Boston az. Nottingham, Oct. 2). Trusts. J. Cheshire, hatter, Gravela Oct. 16. Debts paid by Dyer and Hill. --Csane lane, Southwark, and J. Viller, hatter, Denton, Lancashire. Meetings at Basinghall-street. King J. farmers Dorking and Betchworth, Ot 1-2 Sol. Campbell, Nottingham. E. and J. and Roberts, J. woollen drapers, Literal Gazette, Oct. 31. Debts paid by E. and J. Evans --Harden, in Johnson, T. sen. W'. and Mann, C. bankers, Romford, J. B. house joiners, Hull, Oct. 23.-Hall , J. his Bankrupts. Essex, Nov. 12, at tweise, further joint div. and sep. of C. and Mapp. T. of Chelmarsh, maltstera Septa* DATE OF FIAT AND PETITIONING CREDITORS' NAMES. paid by Hall.-- Vopling, C. M. and Bibronze , a Gazette, Oct. 31. MEETINGS FOR ALLOWANCE OF CERTIFICATES. ' agents, Liverpool, Jan. 1, 1814.–Vaidmax, L. 1.* COOPER, WILLIAN, ale and porter brewer, 50, Lower Bailey and Pofter, drugzists, Garlic-hill, Nov. 21. at half. : law and general stationers, Chancery.laze, it Shadwell, Middleser, Nov. 10, at half-past eleven, Dec. 12, past eleven, as to Bailev. --Cook, E. grocer, Little Newport- | Moes'y, J., Woolf, L. and Isaacs, A. Fatehpur at one, Basinghall-st. Com. Fane ; Alsager, off. ass.; Law. st. Nor. 22, at one. - Guy, J. publisher and surgeon, Bury. st. St. Blars-axe, and Elder-st. Spital-sq. Ox. 3... rance and Pless, Bucklersbury, sols. Date of fiat, Oct. Newgate-st. Nori 91, at one. as to Harris. --Vachu, J. L. R. Moore. Vorce, R. and Clayton, J. marts st. Westminster, Nov. 19, at iwo.-Harris and Hill, tailors, ' T., G. and R. card makers, Halifas. Oct. SS . DELE 25. Bankrupt's own petition. FITIGERALD, HENRY, coal merchant, 18, Bond-st. Com-:- Mackenzie, R. commission agent, Hunter-st. and Buod. silk trimming manufacturer, df acclesteld, Nov. 21, at tveire. turers, Chorles, Oct. 28. Debts paid by current mercial-rd. Lambeth, Nov. 7, at half-past eleven, Dec. 9. ct. Nov. 21, at eleven. E. and Fenton, R. earthenware manufacturn Ita at twelve, Basingball-st. Com. Shepherd ; Turquand, off. Gazette, Yor. 4. Astbury, Jan. 29, 1814. Debts paid of Feature - home! ass. ; Hindmarsh, Crescent, Jewin-st. sl. Date of fiat, and P. and Peak, S. W. milliners, Shrewsben, wat Vor. 25, at balf.past one, div.-Jerons. S. shoemaker, Lin- Debts paid by Parker.-Taile, W. P. Evans ; 'Bell, otf. ass.; Robinson, Half Moon-st . Picca. maker, Vew-road, Whitechapel, Nov, 23. at half past eleven, ners. - Spuire, J. and Wells, B. W. fecret dilly, sol. Date of fiat, Oct. 27. J. Child, undertaker, aud. and final dir.-Richardson, J. and Griston, J. brick. Gerrand-st. Sobo, pet. cr. lavers, Kor. 26, at one, aud. and div. Smirk. I'E licensed and jun. plasterers, Hastings and elsewhere, der LIPDELL, Tuomas, corn-factor, farmer, and contractor, victuailer, Wrekin tarern, Broad-court, Bor-street, Corent. Boldon west Pastures, Durham, Nor. 6 and Dec. 18, a: garden, Nor. 28, at eleven, div.--Wood, W. and Homes, J. paid by Wackrill.-Ivarburton, J. and all Newcastle, and Chisholte and €9. Lincoln's-innefields, MEETINGS FOR ALLOWANCE OF CERTIFICATES. 7. Id Gascodine, c. general provisioa erabates Long sols. Date of fiat, Oet. 2. Bankrupt's own petition. Mossman, W. faney stationer, High-street, Islington, Vor. Oct. 25. Ensolvents off, ass.; Johnson and Co. Temple, and Grocott, Liver. pool, sols. Date of fiat, Oct. 21. W. Callow, saddler, MEETINGS IN THE COUNTRY. Petitioning the Courts of Beatrepte, Liverpool, pet. C. Gazetle, Oct. 31. Gazette, Oct. 3. RAMSDEX, JANEs, and RAMSDEX, JANES, the younger, Bourne, J. printer, Bemmersley, Staffordshire, Nov. 26, PETITIONS TO BE HEARD AT BASINGLE cloth manufacturers and worsted spinners, Armles, Leeds, at eleven, Birmingham, aud. and dir.-Carke, J., Mitchell, i STREET. Brilon, B. labourer, Ecclesfield, Nor. 5, at elever O ass.; Walker, Furniral's-ino. Barber, Brighouse, and twelve. Birmingham, joint div.-Cottere!!, J. K. grocer, -Brimferid, C. lodging house keeper, Upper Exte* COUNTRY. on Ipswich, Nor. 12, at half.past two, Dec. 10, at one, ba- Berler, E. W'. tinman, Nottingham, Nor.1111 chante, Manchester, Nor. 24, at twelre, Manchester, aud. man and Evans, Gray's-inn, sols. Date of fiat, Oct. 13. wa Turner, sen. and jun. leather merehabis, Ipswich, grocer, Truro, Vor, 21, at one. Exeter, further div.-Ridd, i Nov. 25, at twelve, further and final dir.-Osborne, H. R. tweire, anchester. -Quinn, C. cooper, Liverpool 7 ; near Chesterfield, Nor. 5, at one, Manchester pct. ets. F. surgeon and apothecary, Vether Stower, Somersetshire, SMITH, Joux, licensed rietualler, Browalow hill, Liverpool, Norg5, at eleven, Exeter, aud. Nər. 23. at one, dır.-Tho. PETITIONS TO BE HEARD AT BASINCIL Xov. 14, at twelve, Dec. 12, at eleven, Liverpool, Com. STREET mas, E. wine merc'ant, Bristol, Dec. 4, at eleven, Bristol, Phillips'; Casenore, or, ass, ; Nethersule, Sewinn, and proof of debts. -Warr, H. currier, Bridport, Dorsetshise, Owen and Peacà, Liverpool, so's. Date of tai, Oct. 23. Nov. 27, at one, Exeter, aud. Nor. 28, at one, 'dir. Gillies, H. grocer, Lambeth-walk, Nor. 11, Bankrupt's owo petition. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Frizhl, W. coffee-house keeper, Prospect-plar, THOXAS, Joux, marble mason, t'rrer Madhu-st. Bristol, road, Nor, 18, at eleven. Nor, li and Dec. 19, at eleren, Bristol, Cem. Sterenson: Gires, J. publican, IIeadless-cross, near Redditch, Nov. 22, COUNTRY. Miller, off, ass. ; Daniel and Barker, Bristol, sols. Date at eleren, Birmingham. of tiat, Oct. 23. Bankrupi's own peticion. Barlet, E. W. tinman, Birmingham, Nor. free! i Gazette, Yor. 4. Birmingham.- Boutland, T. joiner, Newcast's, WALKER, WILLIAM JOSLau, boot and shoe maker, 304, eleven, Newcastle.--Collins, J. buckster, Saec. Oxford-st. Middleses, Nor. 11, a half past zwo, Dec. 10, Liverpool, aud. Nor. 98, at twelve, div --Danson, T. mies: Cross, G. C.com-merchant, Liverpool, Nov. 25, at twelve, 6. at bali-past ten, Birmingham.-Gega, E T. schans a fwelve. Basio chall-st. Com. Frans, Johnson, off. ass. cbant, Liverpool, Nov. 25, at half-past eleren, Liverpool. dir. Bristol, Nov. 23, at eleven, Bristol,- Jackson, G.ft Trupel. Jount-sc. Whitechapel-road, sol. Date of iac, Oct. Salford, Yor. 18, at twelve, Manchester.-Larrean Ge christ, G. and J. J. merchants, Liverpool, Sor. 23, at cer, Newport, Nov. 24, at eleven, Bristol. - Thapa 27. Bankrupt's own petition. twelre, Liverpool, aut. and Nor.:9, dir.-Hodon, J. scrive cutler, Liverpool, Nor, 11, at eleren, Liverpool.Gazette, Vor, 4. , Nor. 25, at balf.past twelre. , . ASRCROFT, IPilliam, seo. cooper, Bere.st. Butcher-row Fleetwood-upon-Hyre, Lancashire, Vor, 25, at twelve, Liver: Bristol, Kor. 19, at eleven, Bristol. Nor. 28, at twelve. dir.-Laurie, G. chemist and druzgist, I - Weeks, A. widow, in no business, Kingsdowa, DTD V. grocer's assistant, Twerton, Nor. 18, at cler, Basinghall-st. Com. Shepheni; Graham, off. ass.; Hartley chant, Liverpool, Yor. 25, at twelve, sep. dir. Vor. 99, at ! Bridge-st, solDate of :, . MEETINGS IN THE COUNTRY. , aud.-Petrie, J. C: miller , Sinister, T. confectioner, Manchester, Nov. 14,2 pet. er. Bedlington, Nor. 27, at half.past twelre, Newcastle, aud. Govo, Jons, baker, 19, High-st. Camden-town, Middleser, Redson, T. soap manufacturer. Liverpool, Nov. 25, at tweive , i Goulburn : Green, off. av.; Hare. Colemicn-st. sol. Date eleren, Leeds, lass eram.-11érhet herd, C. merchant, Litere of fiat, Oct. 31. Bankrupe's own peticion. pool, Nor. 95, at Liverpool, aud. - Sykes, J. corn miller, From the Gazette of Priday, November :: Bankrupts. Somersetshire, Nor. 17 and Dee. 13, at eleven, Bristol, inkeeper, Llanedy, Carmarthenshire, Nos. 25, at twelve, Hry, W. and Trolerian, J. A. oilmea, London-rd. ; Kynascon, and aud Draper, C. licensed rictualler, Bishopsgate-st. We Crosby-square, and Peters and Abbot. Bristol, sols MEETINGS FOR ALLOWANCE OF CERTIFICATES. Pate of hat. Oet. 23. *. and J. Peters, tin plate Escott, J. surgeon, Parement, Finsburs.--hard Veers, J. erver, Leeds, T. , at eleven, Leeds.-Nr. I sen. mason, Johnson-st. Westminster.-David, IN and zine workers, pet. ers. LittlsWOOD, JONN, donier and glorer, New Bond-st. mange er en Senderson, T. cual merchant, Liverpool, Dor: phy, M. babeniasher, Shrewsbury, Yor. 26, at cleren, Bir menger. Paternoster-row.-Leci, s. M. commisosa 2 St. George, Hanover-square, Middlesen, Nor. 14, at eierea, 23, at eleven, Liverpool. Leadenball-st. - Cunningham, H. publisher, and Dec. 18, at one. Basinghall-st. Com. Goulburn; Follett, Wright, J. calico printer, Brinscall-hall, Lancashire.off. ass.; Goddard and Erre, Woodl-st. Cheapside, sols. Parturrships Dissolbed. on, R. grocer, Chorley, Lancashire. ---Gainer, L. Date or dat, Nor. 3. Bankrupt's own petition. Gazette, Oct. 98. i Bridgend, Gloucestershire.--Lyon, W. H. cotton link Liverpool - Meredith, E. draper, Liverpool.--Liptra. Rrding, Javes, and Stop, WILLIAV Nicot, printers, Horseshoe court, Ludgate-bill, Nor. It, at twelve, Dexo, row, City, Oct. 24. Debe paid by Cowper.Bartie, T. and news, Edgware-road. Arnold, F. and Caper, wholesale perfumers, Budge. 'font, Yorkshire.- Vorman, C. coach-builder. Casodo Isboemaker, Wrexham.-Rhodes, S. worsted spinner, la Page 9
course is to move that judgment for the defendant be the death of the defendant's husband, and that the shewed that lands and rights "not usualy, arrested, so far as the bad pleas are concerned. jury ought to have been directed to find accordingly. were contained in the last lease. Rule nisi. Doe dem. Bennett v. Turner (7 M. & W. 226), 3 & 4 To be turned into a speciale Good v. COCHRANE. Wm. IV. c. 37, s. 7, were cited. FORD r. BEECH. right Act--License to publish- Evidence-Stamp. no evidence of a continued occupation of the wharf Set-off. Assumpsit.— The declaration stated, that whereas and dock. Rule on both points. Is a plea of set-off dirisible when pleaded to find one C. Pope was the author and publisher of a book declaration, consisting of counts upon balco called “ The Yearly Journal of Trade ;' and whereas WILLINGTON V. BROWN. change and indebitatus counts ? the plaintiff had advanced 1001. on the security of the Lease of tolls. Knowles, Q. C. moved, pursuant to leare: copyright, which bad been conveyed to the plaintiff An agreement for the letting of tolls under 3 Geo. 4.c. aside the verdict for the plaintiff, and entert by indenture of mortgage, the defendant agreed with 126, s. 55, need not sher that the meeting at which defendant. The first two counts were upon the plaintiff to pay him 100l. for permission to pub- they were let was held according to all the formalities sory notes; the third, upon a bill acceptat lish the said work, alleging non-payment. of the statute. fendant for 2101, of which 1951, was admit At the trial before Wightman, J. in Middlesex, ver- | An agreement which recites that A B is to rent the tolls paid; the fourth for money lent; bita, e dict for the plaintiff. of trustees, and haring an attestation clause, “ Wit-stated. Pleas-To first and second, den Pearson pow moved for a rule nisi for a new trial, ness our hands and seals, trustees of the said roads," making ; to third, denial of acceptance : appa or to enter the verdict for the defendant, and in arrest is proof against a surely who executes subsequently to the verdict was for the plaintiff. On toe is of judgment.-- First, there was no proof of the intro- such clause that the lessors are trustees. assumpsit, the verdict was for the d-lea tare ductory averments in the declaration, which formed Assumpsit by plaintiff, on behalf of the trustees of fifth plea was to the first and seeded ei part of the consideration for the contract. (Raikes v. tolls, ngainst surety of a toll-renter, tried at the and shewing a special agreement fixe ble Todd, 8 Ad. & Ell. 816.) Secondly, the contract was last Warwick assizes, before Sir F. Pollock, C.B. pension of the bills if another payment we contained in letters, which were inadmissible, because Verdict for plaintiff, with leave to move for a nonsuit; This was found for the defendant. The unstamped. Thirdly, the license to publish was not pursuant to which, thus only 151. left unanswered, and te dele in the form prescribed by 5 & 6 Vict. c. 45, s. 11. Humfrey, Q.C. now (Nov.8) moved, on the ground ant had pleaded a set-off, admitted to be Lastly, the declaration was insufficient for not al. that there was no evidence that the agreement was than that sum, to the whole declaratia, 1: leging any enjoyment of the right agreed for. made by the trustees, and also in arrest of judgment trial, Wightman, J. thought that, upon these Lord DENMAN, C.J.-That is clearly unnecessary. for defective declaration. The action being brought ings, the defendant was bound to she a set Upon the other points, Rule nisi. under the 3 Geo. 4, c. 126, ss. 55, 57, by one no party greater amount than the whole declaratien . In to the agreement, it is essential that the contract now objected tbat there was no difference berpen Wednesday, Nov. 12. should have been according to the statute. The only indebitatus count and a count upon a billen; MARSHALL D. Fol. evidence offered that the lessors were trustees was the purposes of set-off. The judgments in ker Is time of the essence of a contract that the amount of the concluding clause of the agreement, as fol. Butlin (7 A. & E. 595) do not bear out tae ng a promissory note shall be determined by a valuation lows: Tuck v. Tuck (5 M. & W. 109), and . of a crop of corn upon a fixed day, so that no valuation “ Witness our hands and seals, trustees of the said Builey (ibid. 382), shew the role to be the on any other day is admissible ? roads. « E. DICKENSON, whole cause of action is covered by Sert! This was an action upon a promissory note, tried " E. PALMER." the verdict should be for the defendant. I at last York assizes, in which the plaintiff had obtained a verdict ; and Although the defendant subsequently signed the agree - where the specific sum is claimed.] The MAN, J.-All the cases are on indebitatus esen Watson, Q. C. now moved for a rule nisi to enter a ment, he is not bound by this statement. (Pearse v. held a good distinction in debt. (WIGHT! verdict for the defendant, or for a new trial. The Morrice, 2 A. & E. 84.) (WIGHTMAN: 1:- He may The rule has been released as to that.] Breza defendant had pleaded specially to the amount of the not be estopped from disputing it, but is it pot some note (except 31. 55. paid into court), that the note evidence?] The language used both by Taunton, J.and SHANK v. SWEETLAND. was given for 411. Os. 8d. in the month of April, as Patteson, J.in Pearse v. Morrice (2 A. & E. 84) is Practice. the value of a crop of corn, and deposited as a security against this view. (Lord DENMAX, C.1;. Here it is Where counsel by mistake more for a nee thala with a third party; and a special agreement made, recited that the lessee was to take from the trustees.] that two witnesses, appointed by the plaintiff and de wrong court, the motion will be allowed to be page Unless actually signed by the trustees, it is void ; and in the right court, allhough the four day for fendant, should value the corn upon the 1st of Au. this then should have been proved. have expired. gust, and the amount receivable Lord DENMAN, C. J.-At present I am inclined to the promissory upon Cockburn, Q.C. in moving for a rule ist note be fixed according to the valuation ; and averred think it sufficient, as being some evidence; but if my aside the verdict for the defendant in this 12 that the valva.ion was made, to wit, upon the 1st of brother Patteson retains his doubts, the rule will be against evidence, stated that he bad, by mis August, and the amount reduced to 31. 5s, which was granted. paid into court. The plea was proved at the trial, if Humfrey, Q.C. then moved in arrest of judgment. made the motion the day before in the Court of L a valuation upon the 2nd of August would suffice. -The agreement set out is not shewn to have been chequer, and prayed to be allowed to sore it is : court, although after the four first days. Rolfe, B. reserved the point, and it was contended made as required by the Act. It is only said “at a Lord DexMAN, C.J.-Under these circunster that such valuation was sufficient. meeting." It is, therefore, void under sec. 55. we have allowed rules to be moved for. Lord DENMAN, C. J.-Have you any case? It is Cur. adv. rull. Rule grant certainly monstrous that the action should be brought; On a subsequent day, Lord DENMAN, C.J. said, Doe dem. Rushworth r. WILLIAMSOX but the valuation was to be upon the 1st of August, | --My brother Patteson does not adhere to the doubts and it took place upon the 2nd. Ejectment-Eridence of seisia. expressed in Pearce v. Morrice, and we think that Semble, coparceners must all join in a dens rejection of a document purporting to be a copy of he is a surety. The mention of the lessors being trusWatson, Q.C.-The ground for a new trial was the / there was evidence against the defendant, although Declarations by a deceased tenant that he helder are admissible as evidence that Arctis seisid 9 the valuation, with an acknowledgment that it was tees, and the execution by the defendant subsequent subject to the reduced valuation. to the attestation, amounted to an admission of title - Where a person has left England thirty ar It was dated as against the defendants. And as to the objection in years, August 20, and was rejected because unstamped. and a witness, not a relation, state 2 knew him before he left England, that he bar Lord DENMAN, C, J.-My brother Coleridge does arrest of judgment, we think the declaration sufficient. relations, and that he has nerer heard hin spate not feel quite satisfied as to the first point; the rule, It is not necessary to set out a meeting with all the therefore, may be on both points. Rule accordingly. as being alire, there is evidence to go to the formalities required by the statute. Rule refused. his death without male issue. Doe dem. NORTON v. NORTON. BAINBRIDGE 1. LAX. Ejectment. Verdict for plaintiff, with them to defendant to move to enter it for defendant o.. Ejectment. Trespass-Accord and satisfaction-Repleader. Ejectment for coalshed, dryhouse, and cartshed. Trespass quare clausum. Verdict for plaintiff. issues except the first. Verdict for the plaintiff. Knowles, Q. C. (with whom was Reid) moved Pashley moved pursuant to leave, and also ixr Hall moved for a rule nisi to set aside the verdict, to set aside the verdict, and for a repleader. The trial for misdirection. There were various deas , , but it was submitted that only upon the first direction, and as against evidence. The and for a new trial, on the grounds of surprise, mis- mittal of the trespasses, &c. there had been divers the lessors of the plaintiff succeed, as they canxi turned upon the construction of several devises in disputes between him and the plaintiff, and that parceners, and must therefore all be joined and demise. in , the In the others only some of thea which were elucidated by a plan . the will of W. Norton, and the identity of the parcels, action, had been referred to arbitration, and that joined. They claimed as heirs to a device in 21 Rule. it was awarded that he should pay the plaintiff 51. under a will of 1793, by which successive estar Doe dem. Goody v. Carter and ANOTHER. in full satisfaction; that the 51. was paid in such life in tail male were given to four different Curs Ejectment. satisfaction. The replication traversed the agree Brookes's, and upon failure of issue male, to ? Statute of Limitations - Tenant at will-Specific occu ment to refer. Issue thereon and verdict for plaintiff . fourth in fee. He cited Selwyn N.P. 724; Nie pation. It was now submitted that this was an immaterial v. Bates (Lord Raym. 64). Ejectment for two cottages, garden ground, wharf, issue, for there was an express averment of the ac- Pashley moved also on the ground of aisée tion.-There was no evidence of seisin of the testet and dock; tried before Coleridge, J. at the Essex ceptance of 51. as satisfaction, and if the whole alSummer Assizes. Verdict for the defendant generally, legation about the agreement was struck out, there Lister was called at the trial, whose father had and the jury ought to have been so directed.lt which Lush now moved to set aside, as against evidence, Dig. Accord), and Chitty on Pleading. were citea: in possession of the fields, and he was asked if he is gone by the default. As to the rest of the premises, it they have been referred to by my learned friend, Mr. His answer, that he had heard him to say that hele appeared that J. Carter, the father-in-law of the de: Rew, and they will be found not to be authorities for it under the testator, was considered evidence fendant Carter, had, prior to 1821, entered into posses. this plea. Cur. adv. vult. seisin. But this was only evidence that the wites sion under an agreement to purchase. In 1824 it was On this day (Nov. 12), Rule granted. father was not seized, and not evidence as to conveyed to him-in 1829 be mortgaged it by demise Peaceable v. Watson (4 Taunt. 16; do.Co to the person through whom the lessors of the plain Friday, Nov. 7. in Roscoe, p. 433), and Carne v. Nicholl (1 B.SE tiff claimed. Prior to 1824 J. Carter gave permission Doe dem. EGREMONT ". WILLIAMS. 430), are distinguishable. [Lord Dexman, C. to his son, the husband of the present defendant, referred to Daris v. Pearce (2 T. R.). COLEBIBG! J.-You were born at least thirty years too late in possession until 1835, when he died. His widow Verdict for defendant, with leave to move to enter proof of the death of the tenants for life. One Ejectment tried before Mr. Baron Platt, at Exeter. your argument, Mr. Pashley.) Then there are has continued in possession ever since. His ford- verdict for plaintiff, pursuant to which Charles's was a soldier, and the other a bankre a possession for more than 21 years ; and the jury was confined to lands usually so felten," referring respective years or 1808 and 1816. The content found for the defendant. It was now submitted that to the pattern lease of 1749. The present lease was dence offered of their deaths without issue me tenancy by sufferance, was created, or, at any rate by for the jury, but that a comparison of the two teases them before their departure, was intimate with the Page 10
vent's filiog his petition in that court, the books and perty-tax, at an estimated annual expense of 68,4421. THE LAWYER papers could not be given up to the insolvent; but if When that Act expires, these places will be abolished. the provisional assignee of the Insolvent Court in the office of Woods seven appointments have been Summary. would send some duly authorized person to receive made, at an expense of 1,9251. We pass over a few them on his account, he would direct the official | Irish offices, in which some trilling appointments OUR respectable contemporary, the la assignee to band them over. have been made, but to no great extent. Observer, has made some interesting na the state of the business in the Super COUNTRY COMMISSIONERS' THE MAGISTRATE. Courts. It appears from the calculations as COURTS, that there has been upon the whole a ma derable diminution in the amount of time NEWCASTLE-UPON-TYNE DISTRICT Summary. This has been most remarkable in the list appointment of the two Vice-Chances THWAITES V. SHANKS. The petition for a summons, under 8 4-9 Vict. c. 127, requiring particular attention. Orders and Statutes. It seems that , ter must be signed by the plaintiff in person, and cannot The Court of Queen's Bench decided on be signed by an assignee who hus a power of altor- Wednesday in Reg. v. Coles that the Court of years ago, the arrears in the Equity ex. were as follow :Quarter Sessions has no power to forbid their This defendant appeared upon a summons, under officer the Clerk of the Peace to take any fees Lord Chancellor the 8 & 9 Vict. c. 127, to answer touching a judg, which are recognised by any existing, table, Vice-Chancellor ment recovered against him at the suit of the plaintiff Rolls in July last. The plaintiff had executed a general settled under 57 Geo. 3, and the well-known Exchequer in Equity assignment of his effects and book debts on the 31st order of the Somerset Quarter Sessions, which Court of Review Total assignee (uuder the usual power of attorney) as fol shall also make some observations suggested How different the present list! lows:-"Adam Thwaites, of Newcastle-upon-Tyne, brewer, by Jobn Beckington, his attorney, lawfully by the argument and judgment. Lord Chancellor authorized in that behalf." Vice-Chancellor Beckington, who appeared for the assignee, applied Rolls · for an order upon the defendant, which was opposed FEES ON DEDIMUS. Vice-Chancellor Knight Bruce 23 A “Return from each Clerk of the Peace in England Vice-Chancellor Wigram. Harle, on the part of the nominal plaintiff.--The and Wales, of the Amount of Fees charged to a plaintiff bad not personally sigoed the petition as re. Magistrate, in each county, on taking out a “ De. Total...... quired by the Act, but it had been signed by an as- dimus." —By order of the House of Commons, 9th But this is a magnified total; for F: signee under a power of attorney. The petition was August, 1845. that in the Rolls Court no less than 30 tis, therefore irregular; and the plaintiff, who was then Beds-B1.85. in court, repudiated the proceedings. depend on one decision; in the Vice-125 Beckington was prepared to prove the assignment Berks–61. 168. 8d. ; private seal, when had, 11s. 8d. addi- cELLOR's Court, 31; in Vice-Charts tional. in the usual way. Bucks--101, 108. KNIGHT BRUCE's Court, 3; and in His HONOTR. I cannot receive evidence of the Cambridge--61. 128. Ad. Chancellor Wigram's Court, 5. assignment. The petition must be signed by the Isle of Ely-81. 198. 8d. In the Common Law courts there is som i Chester-61. 108. 6. person who is the plaintiff in the action ; and as the Cornwall-57. 13s. plaintiff repudiates the proceedings, I have no juris. Cumberland -- Usual professional charges; magistrates same extent as in the Equity courts. Ils rial diminution of arrears, though not a diction. Summons dismissed, usually employ their own solicitors. chaelmas Term, 1838, the arrears were,- Devon-81.88, THE LEGISLATOR. Dorset-77.78. Queen's Bench Crown side Essex--61. 10s. Common Pleas Summary Gloucester-81. 2s. Exchequer of Pleas Hants-About gl. No subject under this title calls for com- Hereford--76.778.6d. ment. Herts--71. 178. 9d. Total PARLIAMENTARY PAPERS. Liberty of St. Alban's–71.75. In the present Term they are, Kent--71. QUEEN'S BENCH: places created and appointments made since the 1st Lancaster-None payable to clerk of peace; they are pay. New trials of September, 1841 , &c. has been For judgment Special cases, 13; demurrers, 43.. 56 House last March. It hence appears, that in the Parts of Kesteren-81, 8s. Enlarged rules.. courts of equity about 86 persons have been so apParts of Lindsey--81. 8s. Crown paper pointed, and that the annual expense of the new Middlesex-31. 58.; private seal, wliens bad, 38, 6d. addi. establishments, with their salaries, amounts to tional. COMMON PLEAS : 25,6111. including those of the two new Vice-Chan. Monmouth-71. ls. Eolarged rules.. cellors, 5,000). each; a Master in ordinary, at 2,5001. ; New trials Northampton-61. 10s. four registrars, three at 1,2501. each, and one at Liberty of Peterborough-31. 135. 6d. Cur. adv. vult.... Special arguments six taxing-masters, at 2,000l. and tiro lunacy com Notts-77.78. missioners (Messrs. Barlow and Winslow), at 2,0001. Oxford--101. EXCHEQUER OP PLEAS. For Judgment Special cases ...d E. T. Dax, with a salary of 1501. and S. Richards, Stafford-91, 128, 20. Demurrers. with 1201. a year. In the Queen's Remembrancer's Suffolk-7. 78. New trials ......... (Court of Exchequer) office, eight new appointments Surrey-51, 58. Peremptory paper.. have been made, and the salaries amount to 1,6001. Sussex -None for taking out a dedimus ; 17. 18. for quali- Total ...... have been, made viz. 12 country commissioners, Westmoreland-77.78. with salaries of 1,8001. ; 12 country registrars (in This result is, we suspect, Wilts-None; qualifying, 17. 1$. cluding a relative of the Lord Chief Baron, Mr. J. H. Worcester, 51. 10s. only to the changes in the law, which box Poliock), with salaries of 600l. (increased to 8001. by York (East Riding) --81. 8s. the 7 & 8 Vict, cap. 96); 12 ushers, with 80l. each; North Riding-101. 25. 7d. withdrawn a large mass of business from the a taxing-master, with 1,200.; and several clerks, West Riding-81. 88. common law courts, as our contemporary (1) jectures, but mainly to the simplification des with salaries from 4001. to 1201. In the AccountantGeneral's office (Court of Chancery) in Ireland, two Anglesey--81. 168. 9d. law, and especially of pleading combined Brecon--91. gs. additional clerks have been appointed, with salaries Cardigan-None; qualifying, 11. 15. of 801. each. In the Registrar's office in the same the discouragement by the judges of Der court (the annual expense of which is about 7,000l.) clerk of peace's fees for qualitying, 11. 75. 6d. Carmarthen-Usually obtained by magistrate's solicitori I number of demurrers, but vastly curtailed oss technicalities; which has not only reduced the a person has been appointed, with wages of 30s. per Week, to attend to the duties of the Record-office. dedimus. In the office of Registration of Judgments (Four Denbigh-71.75. and the advancement of substantial justice, Flint-61. 6s. Courts, Dublin), five appointments bave been made, As yet the business of the term has offered the salaries amounting to 1,3501. In the Privy they clerk , 5s Glamorgan-Magistrates obtain dedimus by any means but little interest. The case of the Brazila Council office three clerks have been appointed, whose Merioneth-Ditto; clerk of peace's fee, 11. 10s. salaries amount to 3701. In the Board of Trade, slavers comes on for argument before all dedimus. which amounts to 2,3701. In the Home Secretary's seven appointments have been made, the expense of fees allowed by judges; clerk of the peace does not take out has appointed an entire week, beginning a office ter appointments have been made, at an ex- clerk of the peace for dedimus. peose to the country of about 5,2001. In the Fo. Radnor-il Is. ditto. reign office, 63, at an expense of 43,540!. In the Colonial, 28, at an expense of 37,8001, including in prospect, which, as before, will be presentes The Gazelle contains notices that the following to the readers of the Law TIMEs verbatin, as several colonial bishops, whose salaries vary from places have been duly registered for the solempization reported by short-hand writers. We hare bez 2,0001. to 6001. In the Admiralty, ten, at an expense of marriages therein :-Wesleyan Chapel, North- compelled to omit a mass of reports for nuk of 2,360l. In the Ordnance-office, 17, at an expense street, South Petherton. St. Frances, Baddesley of 2,8051. In the Stamps and Taxes, a large number Clinton, Warwickshire. of appointments have been made, owing to the pro. I theoshire. Pennel St. Peter, Carmar of room; but next week a double number ril help to bring up arrears. Page 11
well, David, Machynlleth-H. Davies, Machynlleth Scotland, William H. 1, Bath-place, Kensington, and 39, APPLICATIONS FOR RENEWAL OF ATTORNEYS' ghes, William H. Llanrwsh-S. Edwardes, Denbigh Regent's-square-J. J.J. Sudlow, sen. Chancery-lane CERTIFICATES. ason, William 8. 9, Dorset-square-E. R. Comyn, Bush. Shotton, James G. 91, River-street, Pentonville-C. H. ine; H. S. Law, Bush-lane Smith, jun. Devonshire-street, Queen-square On the last day of Michaelmas Term, 1845. , Robert L. Cambridge--H. Bradley, Cambridge Schultz, Frederick, 21, Stamford-street, Blackfriars, and Wisleby, Christopher, 35, Sidmouth-st. Regent-sq. ; Kendal; beach-T. S. Watson, Wisbeach QUEEN'S BENCH. Wakefield-st.-Roger Maser, Kendal Smith, Francis H. 7, Bedford-place, Kensington, and Nails. Brown, T. Wheatshcaf-yard, Farringdon-street ; Newgate- najes, Thomas A. Hammersmith-T. Edon Salisbury-st. ; worth--W. Smith, Nailsworth market Jo G. Becke, Lincoln's-inn-fields Smith, Francis, 51, Cumming-street, Pentonville, Cainscross, Brough, John, Herne-bay rely, James H. 1, Upper Stamford-street, Blackfriars-road- near Stroud, 3, Calthorpe-street, and 89, East-street-H. Barnes, Henry, Norwich V.G. Meymott, Blackfriars-rd. Harris, Cainscross Bigland, Charles Ralph, Beaumont-street, Marylebone les, John A. 2, Old Kent-road-L. H. Braham, Chan. Salt, George M. 5, Caroline-st. Bedford-square, and Shrews. Barber, Vaughan, Birmingham, and Bewdley ery-lane bury-T. Salt, Shrewsbury Cornish, William, Marazion ons, William A. Gower-place, Euston-square, and Neath Smith, Montague G. Carlisle and Peter's Port, Island of costobadie, George Palliser, Husbands Bosworth 2-Wm. Llewellyn, Neath Guernsey-W. Smith, Hemel Hempstead ; to J. P. Dyott, Colley, William, Boston ; Taunton ; L'Orient, France vis, Richard T. 13. Hart-street, Bloomsbury--B. Mew. Lichfield; to A. Blythe, Burnham D'Oyly, Robert, 2, Lyon-inn; Moreton-in-the-Marsh; Auck. Jurn, 13, Great Winchester-st. Simpson, Reuben, 16, Shaftesbury-terrace, Pimlico-J. Good- land, in New Zealand ; and on the high seas yes, Robert James, 27, Bury-street, Walworth ; Roch- eve, Raymond-buildings, Gray's-inn Edmonds, John Hughes, Llandrufrefy ord; and Corbet-court, Gracechurch-street-G. Wood, Sawtell, George H. New Inn, Westborne-place, Hampstead, Edger, H. 1, Field-court, Gray's-inn, and Bolwell-street, Rochford ; to T. Wood, Corbet-ct. and Sloane-street-J. Teesdale, Fenchurch-st. Lambeth ight, William, Tamworth and Glascote-house-H. J. Spickett, John, 2, Benyon-cottages, Kingsland-J. Dolman, Foot, Chas. Chalmers, Sturminster, Newton Castle, Marn Damant, Tamworth Clifford'o-inn, Fleet-st. hull ighton, John, 1, Ann-street, Pentonville-Jas. Dolman, Spencer, Edward G. 12, Commercial-road, Lambeth ; Forrester, Gilbert Davis, Hawk Cottage, Old Brompton 7. Maka rede, Thomas, Earl's-court, Old Brompton-Thomas Gra Keighley ; Devonshire-st. Queen-square - G. Spencer, Grange, Richard, 24, Paddington-street Keighley Hunt, Richard, 28, Great Leonard-street, Finsbury lam, Mitre-court Chambers, Temple Stable, William H. Canterbury-wharf, Belvidere-road, Laver, George, 1, Aldhouse-terrace, Barnsbury-park, and w, Edwin, 65, Chancery-lane, and Portsea-A. Low, Port- Lambeth, and Burton upon-Trent-A. Bass, Burton-on- Lyminge, near Hythe Trent Littlewood, John William, Godalming en ler Binstead, Portsmouth ; to Jno. Long, Clarendon-square ng, Robert, the younger, 56, Clarendon-square-Chas. H. Towsey, Edward, 2 Lorne-road, North Brixton-J. Williams, Marshall, J. N. 38, Great Dover-road ; Brownlow-street; 1, Verulam-buildings Upper North-place, Gray's-inn-road; and St. John's. urence, Henry, Ipswich - Eleazer Lawrence, Ipswich Thorneley, James, 38, Gower-place, Euston-square, and street Badge, James, 40, Baker-street, Lloyd's-square, Preston, Liverpool-E. J. Duncan, Liverpool Nugee, Francis Jas. jun. Gloucester-place, Regent's-park wiland Bare-John Lodge, Lancaster; to Wm. Chandler, Taylor, Thomas, jun. Wakefield-J. W. Westmoreland, Nightingale, Edward, Stratford-upon-Avon, and Notting. Preston Wakefield ham Fawrence, George. 2, Norwood-place, Kensington, and Fri. Thomas William M. 25, Queen's-row, Pentonville, and Poole, Charles Paris, 15, Penton.place, Pentonville day-street-Fred. J. Reed, Friday-st. Langharne-E. A. Chaplin, 3, Gray's-inn-sq. Pyke, Henry Hugh, 87, Chancery-lane acnamara, James R. S. The Grange, Fulham-W. H. Bar. Turnbull, Richard C. Lancaster-H. Gregson, Lancaster Stephens, Thomas, 7, Upper Queen's-buildings, Brompton ber, Tokenhouse-yard ; to C. F. Tagart, Raymond.bldgs. Teesdale, Frederick 5. Russell-square – E. Barlow, Stoddart, C. 4, Garnault-place, Clerkenwell; Upper Roso. erryweather, John, 1,'Queen’s-square, 'Bloomsbury, and Essex-st. Strand; to J. C. Symes, Fenchurch-street mon-street Salisbury-G. Dewe, Salisbury Turner, A. 11, Lorne-road. Stockwell, Portsmouth, and Skinner, John, 4, Webber-street, Blackfriars-road borason, Augustus, 2, Endsleigh-street, Tavistock-square- Basinghall-st.-C. B. Hellard, Portsmouth Smallwood, Brook Hector, Newport, Shropshire 1. F. Ommanney, Basinghall-street; to F. Edwards, Gray's Uhthoff. Edward, 3, St. Petersburg-place, Bayswater, Simson, Charles, 4, Bird's-buildings, Islington inn and Chelmsford -R. Bartlett, Chelmsford Turner, Joseph, Sheffield ason, Henry, 73, George-street, Portman-square, and Violett, W. B. 8, Judd-st. and Banwell – E. W. Violett, Tyrrell, James, Milford Vyner, Charles James, Ironmongers' Hall, and Nantwich Cuckney near Niansfield-G. H. Kinderley, New-square, Whitehouse , T. M. 3, Southampton-st. Bloomsbury, and Walter, Charles, 42, Southampton buildings, Chancery-lane Lincoln's-inn de acGregor, James, 30, Charterhousc-square-W. B. Girdle- Wolverhampton-T. Bolton, Wolverhampton. Watson, Charles, Castleton, near Guisborough stone, Golden-square ; to R. S. Wright, Golden-square Woodgate, William, 9, Woodland-terrace, Greenwich-- Warren, Henry, Canterbury. erladtell. Alexander II. Farringdon and High Wycombe-J. W. T. Neve, Cranbrook To be added to the list pursuant to judges' orders. W. Wall, Devises Ware, Charles T. 51, Russell-square-J. Bridges, Red Lion Coyney, Thos. E. Weston Coynoy, Staffordshire; the High 3.-slote, Edward, 21, Penton-place, Pentonville-D. W. Wire, square Seas; Auckland, New Zealand 29, St. Swithin's-lane White, George, 30, Nottingham-placc, St. Marylebone- Bell, Johseph Copeland, 3, Roebuck-place, Great Dover-rd. lichael, James L. 9, Red Lion-sq. Holborn-J. Michael, J. Waite, Welbeck-strcct, Cavendish-square Red Lion-square ; to A. Y. Bird, Kidderminster Wingfield, Philip J. 39, Oxford-terrace, Hyde-park-F. - laberley, Thomas H. 23, Albert-square, Commercial-road Vallings, St. Mildred's-court, Poultry LEGAL INTELLIGENCE. East, Pratt-street, Camden-town, and Colchester-Thos. Ward, G. L. G. 22, Lincoln's-inn-fields, and Durham-A. Maberley, Colchester Story, Durham - Iyers, Richards, 10, Euston-square, and Leeds--A, Gatliff, Winfred, William A. 6, Elysium-road, Fulham---C. Addis, GRAY'S-INN. Leeds 10, Great Queen-street and Turdoch, John, 33, Winchester-street, Pentonville-Thos. Webster, God frey: 38, Sidmouth-Etreet, Regent-square, According to ancient custom, a breakfast was Randall, Castle-street, Holborn farshall, Joseph, Kingston-upon-Hull—Thos. Thompson, Warry, Ellis T. 16, Clement's-inn, Exeter ; Tintinhall; and given this week to the members of the Hon. Kingston-upon-Hull Featherstone-building: -R. Loosemore, 'Tiverton; to E. Society of Gray's-ino, in the dining-hall, by Mr. Robert Allen, on occasion of his leaving the So. Nettleship, W. 21, Liverpool-street, New-road-D. Calver, Wright, J. K. 18, Canonbury-terrace, Islington-J. Wriglit, ciety, in consequence of having received the degree Renninghall King's-row, Pentonville-J. Geare, Exeter ; to H. W. Sole, learned serjeant, wearing his purple robes and full: Nicks, Thomas, Warwick and Leamington Priors-G.M.P. Aldermanbury Kitchin, Warwick Willatts, Frederick G. 21, Carey-street, Lincoln's-inn-fields, bottomed wig, arrived in his carriage at the benchers' entrance. and Reading--T. Lovegrove, Reading Neate, John, 40, Duke-street, Manchester-square-J. B. He was here received by the proper offi.. Hanbury, Leamington Priors Whiting, William, Highgate-hill-W. H. Wright, Essex-st. cers, and was ushered into the pension chamber, --- Newington, A. T. 8, Duke-street, St. James's, and Hawk Wilkins, Willian H. 49, Great Coram-street-R. B. Bed where he breakfasted with the benchers, taking his hurst-R. Nation, 4 A, Orchard.street, Portman-square dome, Nicholas-lane seat on the right of the treasurer, Mr. Thomas Oldham, Frederick J. Spilsby, and Arthur-street, Gray's inn- Whitelock, John W. Putney-B. Austen, Gray's-inn Greeue, M.P. To be added to the list, pursuant to Judges' Orders. Oldakers, Robert J. E. 5, Buckingham-street, Dorer-road, Andrews, Richard B. jun. Epping-R. B. Andrews, sen. students of the society sat down to breakfast in Soon after nine o'clock about seventy barristers and and Leicester-W'. Palmer, Leicester Epping Oldershaw, Robert S. Lower-street, Islington-R. Older. Davis, Robert Pavin, 21, Warwick-street, Regent-street, and the hall. The “ ancients" of Staples-inn and Barshaw, Islington Bath-H. Hayman, Bath; to D. Davis, Warwick-street nard's-inn, who had previously arrived in procession, Penfold, William John, 23, River-street, Middleton-square, Little, Edward C. Pitchcombe, G. Gloucester-G. Edwards, attended by their head porters and other officers, also Pentonville, and Brighton-Messrs. Attree and Whinnie, Rodham, 'Thomas, Wellington--W. Rodham, Wellington breakfasted in the hall, at separate tables which had Brighton been prepared for them. An ample repast was proPemberton, George T. Bishop Wearmouth-J. Biggenden, Salter, William, Chard H. D. Harvey, Chard and Wivelis- vided, to which full justice was done by the guests ; Walbrook comb Palmer, William, 11, Egremont-place, New-road, and New. and after the cloth had been removed bowls of spiced bury-H. Godwin, Newbury; to E.S. Bigg, Southampton- To be admitted on the last day of Trinity Term, pursuant wine--the admirable flavour of which led us to doubt buildings, Chancery-lane to Judges' Orders. whether the society's vintner has pot discovered Fal. Parry, Thomas, Carmarthen-T. Williams, Carmarthen Hayward, Charles F. 2, Adelaide-pl. and Dartford-J. Hay- staff's lost recipe for compounding sack-were, in ac. Petherick, William, 5, Camden-cottages, Camden-town, and ward, Dartford Moore-terrace, Camden-town-R. Haines, jun. Staple-inn; Hodgetts, Thomas, 5, River-street, Pentonville, and Aston, similar ceremonies, placed on the table. cordance with the practice uniformly observed at to F. Green, Cateaton-street near Birmingham-C. Ingleby, Birmingham ; to E. A. Pope, John W. Exeter--Matthew Daw, Exeter Chaplin, Gray's-inn-square Mr. Serjeant Allen, supported on his right by the Porter, Joshua C. Ditcham-J. Rees, College-hill Mackrell, John, 43, Lamb's Conduit-strect--Harry Footner, treasurer, and on bis left by the senior bencher (Mr. Prance, C. C. 12, Huntls-street, and Plymouth--A. Rooker, Andover Whitmarsh, Queen's counsel), preceded by the head Plyinouth Myers, Richard, Leeds, and Euston-sq.-A, Gatliff, Leeds Pope, John, 2, New Milnan-street-W'm. Rodham, Welling. Reynolds, Thomas J. 19, St. John-street-road, and Northam porter, and followed by the benchers, whose names -C. Carter, jun. Bideford are subjoined, then entered the hall, amid the plaudits Patrick, Charles, 20, Soley terrace, Pentonville—R. A. Da- Travers, W. T. L. Moreton-in-the- Marsh, and Hythe-R.T. of the assembled members :--Messrs. Perry, Burrell, vison, Bishopwearmouth Brockmann, Folkestone; to E. Watts, Hythe James, Edgell, Bradley, Greenwood, and Turner. Parker, Robert J. 6, Frederick-street, Gray's-inn-road; APPLICATIONS FOR RENEWAL OF CERTIFICATES The procession made the circuit of the hall, and Selby ; Sidmouth-street ; and Beaufort-buildings --Thos. on the last day of Trinity Term, 1845. the benchers then took their station on the dais at M. Weddell, Selby Chivers, C. T. Walcot, Somerset. Q.B. the eastern end. Piper, George Harry, Ledburg—Thos. Jones, Ledbury Cooke, R. C. G. Lincoln's-inn-fields, Park-street, Peckham, Mr. Serjeant Allen, who stood below the bench Reed, Herbert A. 18, Swinton-street, Gray's-inn-road ; and Denmark-street, Camberwell. Q.B. then, addressing the benchers, said that he could not Bridgewater; and Friday-street-Fred. Jno. Reed, Friday- Coombe, A. Wilton, Somerset. Q.B. st.; to Fred. Deacon, Bridgewater Evans, G. E. St. Helen's. Q.B. remember, without pride and gratification, the great Ratcliff, Thomas W. Lincoln's-ina Fields and Canterbury - Kemp, 1. C. 2, Bridge-place, Southwark, and Lowestoff. whose escutcheons adorned the walls of that ball, acquirements and distinction of those eminent men Robert Walker, Canterbury Reynolds, Thomas A. F. 11, Calthorpe-st. Gray's-inn-road Q.B. and whose worthy successors they were, in a po-Jno. Bush, St. Mildred's-court, Poultry Monckton, W. C. 33, Norfolk-strect, Strand. Q.B. sition of high dignity and importance. He could Riley, John, Wolverhampton-Josh. Foster, Wolverhamp- Osmond, G. Bicester. Q.B. Parker, R. 23, Oxford-terrace; Dover; and Montreuil, never cease to entertain a pleasing and grateful reRoxborough, Jno. P. 28, Bloomfield-street, and Maida-hill--- France. Q.B. collection of the kindness he had ever received from Robt. Ellis, Cowper's.court, Cornhill Scarman, H. 5, Victoria-place, Old Kent-road. Q.B. those whom he was then addressing, and whose exReynolds, Thomas J. 69, St. John's-street-road, and Nor- Salomonson, S. G. 9, Portland-place, Wandsworth-road. Q.B. ample should be his leading star in his pursuit of that tbam--C. Carter, jun. Bideford Stott, James, Leeds. Q.B. Profession in which he had risen to the rank of scrSculthorpe, William, Leicester -J. Briggs, Leicester Tomes, C. Oxford. Smith, Henry G. Lincoln's-inn-fields chambers—G. Smith, Wilson, C. C. St. Helen's, Jersey, and the Jail in Jersey. never cast the slightest discredit on this honourable jeant-at-law. He trusted that his conduct would B, Southampton buildings Southern, Francis R. jun. 3, Islington-green, Islington, Waldron, A. Brentwood, Essex. C.P. society, with which he had had the honour for many and Walsall. H. Barnett, Walsa!1° To be added to the List pursuant to Judges' Orders. years to be connected. His professional existence, Score, George, jun. Long Melford and Little Comard-G. Harrison, W. Balham, and South-square, Gray's-inn. Q.B. indeed, he owed to that institution, and for the mom. Score, sen. Lincoln's-inn fields Lewis, G. Gloucester, and Barnard's-inn, Holbora. Q.B. bers of that society he must ever feel a fervent and Page 12
THE GAZETTES. DRAPER, CHARLES, licensed victualler, 140, Bishopsgate- M. wine merchant, Berners-st. Nov. 21, at elevea (adj. st. Without, Nov. 14, at one, Dec. 20, at twelve, Basing. Oct. 9), last exam. U PODS: AMOUNT OF DIVIDENDS DECLARED. hall-st. Com. Fade; Alsager, off. ass.; Smith, Wil. MEETINGS FOR ALLOWANCE OF CERTIFICATES, mington-sq. sol. Date of fiat, Oct. 31. Bankrupt's owo um stated as the Dividend means so much declared in petition. Coombes, N. G. coal merchant, Craven-st. Dec. 2, at tement. bury, Nov. 15, at one, Dec. 13, at two, Basinghall-st. Com. Noone, G. E. engineer, East-st. Manchester-square, Vec. 2, Monday, Nov. 3. Goulburn; Green, off. ass.; Taylor, North-bldgs. Fins at half-past onc. phick, S. victualler, last exam. passed. bury.circus. Date of fiat, Nov. 4. Bankrupt's own pe. Gazette, Nov.ll. tition. en tot het e huisson, J. F. merchand, mis peat week. Groom, Lon- GAIXES, Joseph, dyer, Bridgend, Stonehouse, Gloucester, tea dealers, Henfield, Suss 2, Deens, ca pe mai multe molecendo ala-Dalton, C. coal merchant, diy, pext week. Bell, Lon. phen; Hutton, off 4, at one, aud. -Gale, J. candle manufacturer, last exam. passed.- Stroud, sols. 'Date of'fiat, Oct. 31. Bankrupt's own Clark, W. baker, Royston, Dec. 4, at one, aud. y, J. stationer, div. next week. Whitmore, London.petition. Forth Marine Insurance Company, underwriters, Bishops. "hart, and Co. florists, last esam. Dec. 2. HARDING, WILLIAM, the elder, mason and pavier, 5, John. gate-st. Within, Dec. 2, at twelve (by adj. from Aug. 121, asst. C. printer, last exam. passed.-Blow, G. F. currier, Wednesday, Nov. 3. son-st. Westminster, 23, Vincent-sq. Westminster, and last eram, of Jamieson and Smith.--Harding, E. P. Hosier, West-wharf, Millbank, Nov. 19, at two, Dec. 20, at eleven, Gravesend, Dec. 2, at one, aud.-Kimble, R. boot and shoe Basinghall-st. Com. Goulburn; Follett, off. ass. ; Dupree maker, 27, Great Marylebone-st. St. Marylebone, Dec. 4, at id, last exam. Jan. 16.- Noone, G. E. engineer, last exam. Laurence-lane, sol. Date of fiat, Nor. 5. Mary ar.Leod half-past twelve, div.-Lockhart and 'Lockhart, Aorists, By reason tod.-Penfold, J. farmer. final div. next week. Alsager, Mannelle, widow, stone merchant, 16, Paradise-row, Cheapuide and Fulham, Dec. 2, at one, aud.---Lurton, J. P. Rotherhithe, pet. cr. linen draper, Munster-st. Dec. 4, at eleven, aud.—Matthews, sievas ustwood, T. grocer, div. next week. Green, London. Thursday, Nov. 6. HAY, WILLIAM, and TITTERTON, Joan ALPRRD, oil and W, pianoforte maker, Lisson-grove North, Dec. 4, at twelve, colour men, 103, London-road, Surrey, Nov. 15, at two, aud. -Rowe, J. ironmonger, 2 Blandford-st. st. MaryleFriday, Nov. 7. Dec. 20, at twelve, Basinghall-st. Com. Goulburn; Fol. bone, Dec. 3, at eleven, div.:-Stocks, G. W. linen draper, and windly and Co. wine merchants, joint div. and sep: joint lett, off. ass. ; Loughborough, Austinfriars, sol. Date of Norwich, Dec. 10, at eleven, div.-Taylor, W. J. grocer and Elza, . next week. Whitmore, London.-Cotsworth, T. fiat, Oct. 27. w. Dawson, colour manufacturer, Leith, oilman, 82, High-st. Camden-town, Dec. 10, at half-past Tokoz ler, luni devam passed-Estal. Gi plasterer, din nest Levi, SAMUELT Mordecai, navy agent and commis- Farham-place, Old Gravel.lane, Dec. at half-past one, hants, joint div. next week. Alsager, London.-Leman sion merchant, 149, Leadenhall-street, City, Nov. 14, aud... Young, J. tobacconist and tea dealer, Bury St. Ed! EICA. Co. wharingers, assignees, Nov. 18.-Ruwe, W. H. at twelve, Dec. 16, at half past eleven, Basinghall-st. munds, Dec. 4, at half-past one, aud. , mer, div, next week. Whitmore, London. Com. Shepherd; Graham, off. ass.; King, St. Mary-axe, MEETINGS FOR ALLOWANCE OF CERTIFICATES, sol. Date of fiat, Nov. 4. Bankrupt's own petition. Clark, W. baker, Royston, Dec. 4, at one.--Farrow, J. DIVIDENDS. LIPTROT, Henry, boot and shoe maker, Towa-hill, draper, 'stanton, Dec. 2, at half-past eleven.—Matthews, B. Bankrupts' Estates. Wrexham, Denbighshire, at the same time residing in (s. T. bilman, Cornwall-rd. Dec. 2, at twelve. - Taylor, T. oficial Assigneus are given, to whom apply for the Church-st. Wrexham, Nov. 21 and Dec. 19, at twelve, D. oilman, Brook-st. Holborn, Doc. 4, at twelre. rick, J. A. carver and glider, first and final, 4s. 3d. Hope, Doyle, Bedford-row, and Cunnah, Chester, sols. Date of fiat, Nov. 3. Bankrupt's own petition. Meetings in the Country. Gazette, Noo. 7. firat. H. jun. 1os. Freeman, Leeds.--Hunt, C. J. bil. pool, Nov. 18 and Dec. 16, at eleven, Liverpool, Com. cape-table maker, first, 9s. Edwards, London.--Jeeves, T. Phillips; Morgan, off. ass.; Cotterell, Throgmorton-st. Binney, J. and T. merchants and factors, Sheffield, York. lager, first, 25. 4d. Edwards, London.-Kipling and Co. and Fletcher and Hull, Liverpool, sols. Date of fiat, Oct. shire, Nov. 28, at eleven, Leeds, to audit, and Dec. 1, at 29. E. Durrant, merchant, Liverpool, pet. cr. eleven, final div.-Hodgson, T. brickmaker, Thornton in 2 B2 thousemen, second, ls, and final K, 156, and 20. to new MEREDITI, Evan, linendraper, Liverpool, Nov. 91 and Lonsdale. Dec. 2, at eleven, Leeds (by adj.), last exam.- Edwards, London.---Libbis, s. innkeeper, first, id. Edwards, London.-Milne, dealer and chapman, Dec. 19, at twelve, Liverpool, Com. Phillips ; Morgan, Kemp, J. C. merchant, Liverpool, Nov. 28, at eleven, Liver. e cor Wind, 5s. 101d, and first and second, 6. 1014. to new off. ass. ; Vincent und Dec. ship 3, at eleven, Bristol, aud. and div.-Nicholson, R. book. fs. Fraser, Manchester.-Nicholl, H. worsted spinner, Liverpool, sols. Date of fiat, Nov. 1. Bankrupt's own petition. seller, Stockton, Durham, Nov. 28, at eleven, Newcastle, ng i 18. 6d. Hope, Leeds. Pearson, J. E. wine merchant, kond and final, 1.. Hope, Leeds.--- Pearson, L. leather NORMAN, CHARLES, coach builder, No. 3, Cumberland- div.-Petrie, J.C. miller and grocer, Bedlington, Durhani, mews, Edgware-rd. Nov. 18, at twelve, Dec. 12, at two, Nov. 28, at one, Newcastle, further div. Beer, first, is. 6.1. Baker, Newcastle.-Phillips and Co. Basinghall-st. Com. Evans; Johnson, off. ass. ; Mardon MEETINGS FOR ALLOWANCE OF CERTIFICATES. dressers, first, 12s. Edwards, London.-Safran, H.J. E. and Pritchard, Christchurch-bldgs. Newgate-st. sols. Date y merchant, first, 1s. 8d. Freeman, Leeds.-Thackrey, of fiat. Oct. 30. J. Collins, wheelwright, Middle-yard, castle.-Benn, w.'w. merchant, Liverpool, Nov. 28, at Allison, J. grocer, Newcastle, Nov. 28, at twelve, New. OLI yer, first, 8s. Freeman, Leeds. Great Queen-st. pet.cr. PEARSON, Ralph, grocer, Chorley, Lancashire, Nov. 20 and eleven, Liverpool: -Kemp, J. C, merchant, Liverpool, Nov. echer, M. W. horse-dealer, Portman-market, is. Odd.- Dec. 11, at twelve, Danchester ; Hobson, off. ass. ; Sut fancy and worsted goods, Almondbury, Dec. 9, at eleven, 28, at eleven, Liverpool. --Mallinson, H. manufacturer of ESTAL), A. chop-house keeper, Cateaton-st. 14d.-Blund, T. ton, Manchester, and Hulton, Bolton-le-Moors, sols. Date Leeds. - Nicholson, R. bookseller, Stockton, Nov. 28, at half uer, Selstone, Is. 04d.-Cogan, T. tanner, Warren-st. 4d. of fiat. 1-8th 1d.-Coppard, J. labourer, Worthing, 78. 6d. RuoDES, SAMUEL, worsted spinner and stuff manufacturer, past eleven, Newcastle. egetarrest, T. overlooker, Blackburn, final 58.91d.-George, S. Bradford, Nov. 20 and Dee. 9, at eleven, Leeds, Com. Gazette, Nov. il. the attor, Boston-st. Dorset-sq. 84d. ---Green, H. N. clerk in the West ; Young, off, ass.; Wiglesworth and Co. Gray's-inn, Acruman and Co. ship builders, Bristol, Dec. 8, at twelve, toms, Mile-end-rd. 2nd 58. 6d. --Holgate, W. innkeeper, and Smith, Leeds, sols. Date of fiat, Oct. 30. J. R! Hub- Bristol, joint aud. -Bourne, J. printer, Bemmersley, Staf. "Idington, 6s.-Jackson, T. coachmaker, Derby, 1s. 71d. bard, woolstapler, Leeds, pet. cr. fordshire, Dec. 3, at eleven, Birmingham, aud. and final div, ent, G. grocer, &c. Oxford-st. Mile-end, 25. 31d.-Lin Wrigut, Joun, calico printer and bleacher, Brinscall-hall, -Brogden, C. bookseller, Lincoln, Dec. 5. at eleven, Leeds, Bited, J. J. #. master in the Navy, on half-pay, Prospect-pl. within Wheelton, Lancashire, Nov. 20 and Dcc. 8, at aud.--Brown, R. joiner and builder, Kingston-upon-Hull, de by thwark, 2nd 48. 11d.-Mills, J. baker, Crewkerne, 1s. 9fd. twelve, Manchester ; Fraser, off. ass.; Milne and Co. Dec. 5, at cleven, Leeds, aud. Dec. 8, at eleven, first diy. ewton, T. agricultural labourer, Heighington, 17. 61. - Temple, and Goulden, Manchester, Date of fiat, Nov. 3. Cox, G, victualler, Frankford-st. Plymouth, Dec. 18, at one, y, S. retired Custom-house clerk, ls. 11d. in addition to T. Coupe, mordant manufacturer, Brivdle, Lancashire, Exeter, aud. Dec. 19, at one, div.-Curtis. J. linen and ner divs. of 5s. 80.)--Parker, M. lieutenant, Cardigan. pet. cr. woollen draper, Liskeard, Cornwall, Dec. 11, at one, Exeter, Laten Kennington, 1s. 140. — Raper, W. clerk, Masham, Gazette, Nov. 11. aud. Dec. 12, at one, div.-Gee and Gee, drapers, Leeds and €27.-*. 11d. -- Ritson, C. saddler, Shotley-bridge, Durham, 1030. ABBADAM, GODFREY, watch and clock manufacturer, 51, Horsforth, Nov. 18, at eleven, Manchester (adj. Aug. 6), last - 8, C. W. de C. commander in the Navy, Fordingbridge, Great Prescott-st. Goodman's-fields, Middlesex, Nov. 19, exam.--Jones, J. innkeeper, Aberystwith, Dec. 5, at one, mpshire, 1s. 14d.- Satchell, C. retired quartermaster, at half-past one, Dec. 17, at half.past twelve, Basinghall- Bristol, aud. --Joplin. J. draper, Bishopwearmouth, Nov, 21. st Stonehouse, 28. 1d. (in addition to others, amounting st. Com. Evans; Bell, off. ass. ; Laurance and Plews, at one, Newcastle (arj. Oct 21), last exam.-Pitt, J. grocer 's. 60.)-Stephens, H. builder, Gravesend and Greenbithe, Bucklersbury, sols. Date of fiat, Nov. 8. Bankrupt's and tea dealer, Drake-st. Plymouth, Dec. 11, at one, Eseter, -Ullett, J. farmer, Stowe, near Market Deeping. 98. 3d. own petition. aud. Dec. 12, at one, div.-Prat, R. R. and S. scriveners, de Vaghorn, T. clerk in the Excise, 6s. 10d. (making 20s.) | CHALLEN, James, brewer and maltster, Odiham, South. Glastonbury and Wells, Somersetshire, Dec. 9, at eleven, ipsoods, G. tailor, Mount.pl: Whitechapel, further 4d. ampton, Nov. 28, at one, Dec. 23, at half-past twelve, Bristol, div.-Scott, J. railway carriage lamp manufacturer, irkman, T. surveyor of shipping, Topsham, 188.–Yates, Basinghall-st. Com. Holrosd; Edwards, off. ass.; Lindo | Birmingham and Moorgate-st. Icc. 10, at eleven, Birming. J. plumber, Great Tichfield-st. 104d. say and Mason, Gresham-st. City, sols, Date of fiat, Nov. ham, aud. ---Spence, W. W. woollea draper, Newcastle-upon.ASSIGNMENTS 10. Bankrupt's own petition. Tyne, Dec. 2, at eleven, Newcastle, aud. Dec. 4, at cleven, To Trustees for the benefit of Creditors. KIRBY, Joun, fancy manufacturer and dyer, Shop-lane, div.-Wetmore, T. H. grocer and tea dealer, Broad-st. Gazette, Nov. 7. Kirkheaton, Yorkshire, Nov. 25 and Dec. 16, at eleven, Worcester, Dec. 3, at eleven, Birmingham, aud, and final Harding, H. livery-stable keeper, Oxford, Oct. 28. Leeds, Com. West; Freeman, off. ass. ; Sudlow and Co: div. Iusts. R. Hall, veterinary surgeon, Oxford, and R. Wil. Chancery-lane; Leadbetter, Huddersfield ; and Cariss, Partnerships Dissolved. ms, corn dealer, Wolvercott. Sol. J. F. Wilde, Oxford. Leeds, sols. Date of fiat. Nov, 3, J. Shaw, joiner, HudY, G. S merchant, Manchester, Oct. 30. Gazette, Nov. 4, dersfield, pet. cr. Trusts. J. hnson, and W'. Burd, calico printers, Manchester. Barlow, J. S. and T. hat manufacturers, Leeds. Oct. 18. Sols. MILLER, THOMAS, oil and colour man, Mansell-st. Good. at and Co. Manchester.Sherwood, T. woolstapler, Ber. man's-fields, Middlesex, Nov. 18, at eleven, Dec. 20, at-Brockwell, J. and Reed, T. J. grocers, Gt. Russell-st. ondscy-st. Oct. 27. Trust. C. Legg, woolstapler, Ber. one, Basinghall-st. Com. Goulburn ; Green, off. ass.; Covent-garden, Sept. 24.-Brook, M. and Waterhouse, J., ondsey-st. Sol. Watts, Bermondsey-st. Henderson, Mansell-st, sol. Date of fiat, Nov. 7. Bank coal miners, Gildersome, Yorkshire, Oct. 29.-Chrimes, P., Gazetle, Nov. 11. rupt's own petition. E. and R. plumbers, Rotherham, Sept. 6. Debts paid by Bowen, C. grocer and spirit dealer, Barnstaple, DevonPARSONS, WILLIAM RICHARD, baker, grocer, and cheese E. Chrimes.-French, E. and B. cork manufacturers, ire, Oct. 21. Trusts. J. Shute, wholesale grocer, Bristol, monger, 7, Limehouse-causeway, St. Anne's, Limehouse, Crutched-friars, Oct. 30. Debts paid by B. French.-Fel. : id T. Thorman, wholesale tea dealer, Maiden-lane, Queen Nov. 18, at eleven, Dec. 16, at twelve. Basinghall-st. Com, lows, E. and Randell, J. silk brokera, Cold Broad-street, Cheapside. Sols. Stevens, Queen-st. Chcapside, and Evans; Johnson, off. ass.; Spiller, Camomile-st. sol. Nov. 1.-Floyd. C. S. and Booth, H. attorneys, Holmfirth Date of fiat, Nov. 8. Bankrupt's own petition. and Huddersfield, Nov. 1.-Greenwell, R. and Sacker, B. rett, Bristol.--Doy, J. stock and share broker, Kingston- STOCKBR, SAMUEL, sen. hydraulic engineer and licensed timber merchants, Sunderland, Oct. 15. Debts paid by pon-Hull, Oct. 29. Trusts. E. Cawdell, shopkeeper, Hull, id J. Birch, tailor, Hull. Sols. Levett and Champney, victualler, 9, Beckford-st. Clerkenwell , Nov. 18 and Dec. Greenwell.- Hart, T. and H. basket makers, Barking, ull.-Hudson, R. merchant tailor, Sunderland, Sept. 22. 16, at half-past eleven, Basinghall-st. Com. Shepherd; Nov. 1.-Humbley, J. and Rudge, L. surgeons, Great Bar. rusts. W. H. Shevill, draper, Sunderland, and J. Hudson, Turquand, off. ass. ; Robinson, Ironmonger-lanc, sol. ford, Aug. 1, 1843. Debts paid by Rudge. - Juckman, H. Date of fiat, Nov. 6. Bankrupt's own petition. and Knight, G. builders, Birmingham, Oct. 15.-Jones, P. rmer, Easington, Durham, Solo. Fell, Sunderland, and WARD, WM. farmer and grazier, Belton, Rutlandshire, Nov. and Mortimer, c, dry salters, Bristol and Keynsham, Nov.l. ooper, Sunderland.-M'Cleland, R. tea dealer and draper, 28 and Dec. 23, at twelve, Basinghall-st. Com. Holroyd ;-Joynson, P., Hampson, R. and Joynson, É. silk manufac. erbury, Berks, Nov. 11, 1844. Trusts. J. M'Dowa!!, ware. Groom, off, ass.; Messrs. Clarke and Co. Lincoln's-inn- turers, Manchester, Oct. 24. Debts paid by P. Jognson.-puseinan, Friday-st. and J. Owthwaite, wholesale tea dealer, enchurch-st. Sols. Chester and Co. Staple-inn.“ fields, sols. Date of fiat, Nov. 6. Bankrupt's own peti. Latham, R., Simpson, P. and Latham, R. jun. merchants, tion. Bahia, in the empire of Brazil, so far as regards P. Simpson, I'Mitchan, W. draper, Newbury, Berke, Feb. 13. Trusts. · M Dowall, warehouseman, Friday-st. and J. Vickers, WATTON, GEORGE HASTINGS, tobacconist, New Bond-st. Aug. 30:- Lipscomb; H. and F. farmers, Wytham, Berks, arehouseman, Lad-lane. Sols. Chester and Co. Staple-inn. Nov. 18 and Dec. 17, at one, Basinghall-st. Com. Evans: J. watchmakers, Liverpool, Oct. 30.-Smith, G., G. K., Oct. 29. Debts paid by Lipscomb.-Marks, J. and Israel, Bell, off. ass.; Blake, Blackfriars-rd. sol. Date of fiat, e. . and w. w. wholesale furriers, Gough-sq. so far as Nov. 3. J. Cooper, 23, New-road, gent. pet. cr. Bankrupts. WHITE, CHARLES HENRY, linendraper, Gravesend, Nov. envelope manufacturers, Swallow-place, Hanover-square, regards G. Smith, Jan. 31.---Taylor, G. and Parkins, J. ATE OY PIAT AND PETITIONING CREDITORS' NAMBA. 28, at half-past eleven, Dec. 23, at eleven, Basinghall-st. Oct. 30.-Watts, W. and Galsworthy, J. and W. solicitors, Gazette, Nov. 7. Com. Holroyd ; Edwards, off. ass.; Brisley, Pancras-lane, UNNINGRAM, Hugu, bookseller, publisher, and stationer, and Soles and Turner, Aldermanbury, sols. Date of fiat, 3. machine makers, Salford, Nov. 1.-Wilson, c. and so far as regards Watts, Nov. 1.-Wilson, G. and Porter, 193, Strand, Nov, 19, at two, Dec. 17, at twelve, Basing Nov. 7. F. G. Shute, lace warehouseinan, 64, Friday-st. Townrow, W. straw hat manufacturers, Luton, Oct. 28. hall-st. Com. Evans ; Johnson, off. ass.; Laurance and pet. cr. Debts paid by Wilson. Plews, Bucklersbury, sols. Date of fiat, Nov. 6. Bank. Meetings at Basinghall-street. rupt's own petition. Gaxotte, Nov. 7. Butcher, J. and Ingram, J. seed crushers, King's Lynn, AVIDS, Moss, fishmonger and poulterer, Paternoster-row, Coombes, N. G. coal merchant, Craven-st. Dec. 2, at July 28.-Challen, T. and D. grocers. Newbury, Berks, City, Nov. 18, at half-past 1, Dec. 12, at twelve, Basing- eleven, aud.--Hutchinson, R. leather seller, Jewry-st. Ald. Nov. 3. Debts paid by D. Challen.-- Evans, W. and Colley. hall-st. Com. Holroyd ; Groom, off. ass.; Brisley, Pancras. gate, Nov. 29, at twelve, aud --Oldham, J. silk warehouse. R. B. umbrella manufacturers, Cripplegate-bldgs. or else. lane, sol. Date of dat, Nov. 4. Bankrupt's own petition. "man, Wood-1. City, Nov. 29, et twelve, fur. dir.- Pratt, J. "where, Nov. 6.-Frudd, w.' and 'Broadbent, T. linen Page 13
25 to Clerks of the Peace
L INTELLIGENCE... BEDINGS OF LAW SOCIETIES
CONTENTS. Page moneys paid, Whatley, the son, receiving in all Kindersley, do you ask? I overrule the objections, RTS 2,3481. 198. 8d. which, together with sums afterwards except that the mortgagee of Bradley, the elder, must 117 e-Chancellor Wigram's Court received, he paid over to his father, instead of into be dismissed, as you do not now, at ihe hearing, offer art of Queen's Bench the bank of Messrs. Pitt, as had been agreed. In to redeem. It is always the case. Art of Common Pleas 1830 Whatley, the father, retired from the business ; Kindersley.--I ask an account of what was received urt of Exchequer 130 and in March 1838 he died, having by his will of the on account of the trust, what was paid, and what is 130 5th of October, 1836, given various legacies ; and now due; and if there be a balance due, then that the ih Reports after charging his real estates with payment of his executor of Bradley, the elder, may pay the same out SLATOR-Summary 133 debts, &c. by sale or mortgage, he devised them to of his real estate. (STRATE-Summary. 133 his son David, and he made his son Thomas Deoman The Master of the Rolls so decreed; and it Whatley his executor, who proved his will. In 1811 was arranged that the two suits should be amalgaYER-Summary ..... a bill was filed against Bradstock, by certain cestui mated, and the same report should be made for both; e Practice of Wills-(continued.) que trusts of Woodcock's estate, charging misap. or if the executor chose to hold the plaintiff in this IOTIONS, APPOINTMENTS, &c... 135 plication of the trust-moneys, and praying an ac- suit free from liability, then that it might be discon.T PAPERS 135 count, &c. This David Whatley, the son, inade light tinued. 135 of, and put in an answer for Bradstock, which was in- Thursday, Nor. 13. sufficient, and a second, which was also insufficient; WARNER v. PLATELL. tropolitan and Provincial Legal Association ...... 136 whereupon Whatley absconded, and on the 26th May, Praclice-Nero orders- Person of unsound mindIXG ARTICLES 1842, a fiat of bankruptcy was issued against him. Appointment of a guardian. - Bar and the Press. 136 The plaintiff then found, through his present solicitor, Turner, ur.der the 32nd of the New Orders of May uchers of the Inner Temple. 136 Mr. Bevir, that the trust-fund bad been misapplied, last, applied to the Court for the appointment of one .citors' Insurance Office 137 and on the 13th of February, 1843, the present bill of the solicitors of the Court to be a guardian to 'ertising Attorneys 137 Cook's Case.. was filed to recoup the loss out of the real estate Parry Buckle, a person of unsound mind, for the the Liabilities of Joint-Stock Companies of Mr. Whatley, the father. No account bas yet been porpose of appearing and putting in his answer CRITIC taken in pursuance of the decree in the suit against therein. It appeared that Parry Buckle was entitled ke's Small Debts Ac! 139 the plaintiff. The plaintiff had made persons interested to an annuity of 501. under a will, and, as such anle's Rcal Property Statutes 139 in a mortgage made' prior to his will by Bradley, the nuitant, was a necessary party in the above cause ; ing on Patents 140 father, parties to his bill, without any offer to redeem and it was sworn by a medical gentleman that he had lway Almanac 140 them; and he had omitted to make a party of the known him for twenty years and upwards, and that ERTY JOURNAL public officer of a bank who had advanced money on a he was wholly incapable of knowing the purport of v and Practice of Sale and Purchase of Estates.... 119 mortgage of the devised lands made to them by David the subpæna or of a Chancery suit. It was sworn t of Railways Gazetted... lic Sales........ Bradley, the son, in the names of three persons also that the subpæna had been duly served, and that who were stated on the record, but not in the mort. the solicitors of the other defendants had been re. IS, MARRIAGES, AND Deatus gage-deed, to be trustees for the bank, and who were quested to act for him, but they had refused. It was also stated that Buckle lived with one Mr. Snow, tended that the plaintiff was not obliged to wait till titled, and who had been served with the subpæna. THE REPORTS. the other suit should be disposed of, but would have The Master of the Rolls.-You ought to in been blamed by the other side if he had. One of the quire whether any of his relations will act for him, or Equity Courts. persons interested in the mortgage by Bradley, the if not, whether Mr. Snow will. father, was a legatee, whose legacy was charged on Turner.-It ought to be mentioned that no com. 2,004 ROLLS COURT. the real estate, and was therefore a proper party ; the mission of lunacy has been taken out against him. other is improperly made a party. Though the per- The Master of the Rolls.--If there was, then Nov. 11 and 12. song to whom the second mortgage was made do not the committee would be the guardian; but as that is BRADSTOCK r. WHATLEY. in the mortgage-deed appear to be trustees, yet, as it not so, inquire if any relation will undertake the duty; tice-Parties-Breach of trust-Statute of Li. be a party. It had been objected that the plaintiff appoint Mr. Johnson. is so stated on the record, the public officer ought to if not, whether Mr. Snow will; and if not, I will You may mention it any tations--Agent-Solicitor- Decree for an account did not file his bill on behalf of himself and all other morning. fore loss ascertaineil-Charge of debts, qc. on creditors, but he would make the necessary alteration ilty. LANCASHIRE r. LANCASHIRE. It had been also objected, that as the plain. solicitors, partners (father and son), had the tiff was only nominal trustee, and there was no evi Production of papers-Receirer. tire management of a trust-fund, of which a third dence of loss or liability as yet, there should be no A receiver to an estate will not be appointed on the ap. rty, at their request, had become nominal trustee. indemnity; but the case was not at all analogous to plication of the alleged heir-at-law, the plaintiff, de father retired from the business, but within six that of principal and surety. Another objection set erhere the person in possession claims by an adrerse Beet vars prerious to his dec!h was proved to have acted up was the Statute of Limitations ; but, in the first title, and the title of the heir-al-law is not prored, the trusts. By his will he directed his debts, y place, the common six years' bar did not apply to this nor sufficiently admitted by the defendant. Tuto cessary, to be raised by sale or mortgage out of his case; and if it did, there was evidence to shew dealing John Lancashire made his will in 1816, and thereby al estates, by a seconil son, his executor, and then with the trust by Whatley, the elder, so late as the gave his wife, Ann Lancashire, . 1001. & year for the Terve a part thereof to his partner. The funds haring 26th of July 1832; and as he died in March 1838, maintenance of herself and their daughter Sarah till zen misapplied, a bill was filed after the father's death baving by will charged his debts on his real es- she should attain twenty-five years of age; and the --- ainst the trustee, to make good the loss. The tate, it was liable to indemnify the plaintiff. residue of his estate he directed to be got in and acE 'ustee then filed a bill to have his remedy over against They cited Lady Ormond v. Hutchinson (13 Ves. cumulated till his daughter should attain the specified 'e son (he haring become bankrupt), as far as possi. 53, 92); Topham v. Braddick (1 Taunt. 572); Er age; and then invested in lands, which were to be e, and the balance to be paid him out of the parte Gouers, re Seaber (3 Mont. & Ayrt. 172) ; Ex for Sarah for life, remainder to her first and other ther's real estate. It was referred to the Master parte Seaber (2 Mont. & Ayrt. 589), Trevelyan v. sons in tail, &c.; remainder to the testator's brother take the account as sought, though there was only Charler (4 Law J. Rep. 209); Huynes v. Wynne William, in fee. The testator died soon after, and decree for an account, but no account taken, in (Tur. & R. 307); Crallán v. Oulton (3 Beav. 1); his will was proved on the 18th of April, 1917, iste first suit, and so no loss prored ; and though se- Ault v. Goodrich ( 4 Russ. 430); Brailhicaile v. Bri- by William Lancasbire, who, by his will, dated May ral preliminary objections were taken as to parties, luin (i Kee. 206); Winter v. Innes (+ My. & Cr. 16th, 1830, devised all the residue of his real and perc. as that the officer of a bank which had adranced 101); Wilkinson v. Henderson (1 My. & K. 582); sonal estate to Jolin Hutchinson and Ann L. his oney to the son on mortgage of the estates in the Sadler v. Lee (6 Beav. 324); . & 1 Geo. 4, c. 46 brother's widow, their heirs, executors, &c. to pay imes of three persons (this did not appear in the (The Banking Act). the interest and profits thereof for his niece Sarah's ortgage-decd, but only on the record), was not made Turner (with him Borrett) stated, that the suit was maintenance till twenty-five or marriage, and then to parly; and that persons claiming to be interested not for more than about 1901. all the rest having been settle and assure the same to her use for life ; re* a mortgage made by the testator before his will paid. [The Master of the Rolls.-If so small, mainder to her children in tail general, with a power An a 1824, David 'Whatley the father, and David Why is every species of objection taken, as that the to appoint ; remainder to Ann Lancashire in fec! bill is not filed on behalf of all the creditors ?] They absolute discretion was given to the trustces to make atley the son, being solicitors in partnersbip at also contended for the other objections to the bill, a settlement or not, as they thought fit; but if none Sincester, applied to their friend and client, Mr. and cited Johnson v. Compton (4 Sim. 47). were made, then they were to assign all to Sarah ab. * dstock, the plaintiff, to become the trustee of the Roupell (with him Pilman), for the assignees of solutely. There were also powers of sale and erit.fund of one Walter Woodcock, in the room of a the bankrupt, said they had only got 71. from the es. change, and of appointing new trustees, with the ring trustee. Mr. B.adstock consented, as the tate, and it was useless to make them parties. [The consent of the person for the time being in possession. citors represented that his doing so would be for MASTER of tho Rolls. Have they disclaimed?] William died in 1831, aod Hutchinson soon after wir benefit, and that the office would be only nomiNo. relinquished the trusts of his will, and one Osborne and by indentures of the 25th and 26th of May, Tinney and Shapter for Bradley, the co-trustee, was appointed in his stead. In 1834, part of John's 4, accordingly, he was appointed trustee, together asked for his costs if dismissed, being an unnecessary money was applied in the purchase of an estate, and h William Briscoe, the remaining trustee, but party, and no charge against him; or, if retained as in 1837 the residue was applied to the purchase of a er had any thing to do with the trust property, a necessary party, they asked the costs to be re- second estate, both which estates were conveyed to .ch was entirely managed for him by the Messrs. served. the uses of John's will. In 1840, Sarah attained the Aatley up to the sale thereof, in pursuance of trusts Parry (with him Cripp), for the mortgngees of age of twenty-five, and was, as alleged, put into posthat purpose. In 1826 William Briscoe retired David Whatley, the son, and for a purchaser, argued session of the real and personal estate under both m the trust, and William adley was appointed that as there was a power of sale, &c. in the will, and wills. She died in July 1842, intestate and unmar indentures of the 5th and 6th of April, 1826, but as David Whatley, the devisee, and Thomas Denman ried. Ann Lancashire took out administration to her; ich were prepared without the knowledge of, and Whatley had joined in the conveyances to him, bis and Joseph Lancashire set up a claim to be ber heir; re not executed by, Mr. Bradstock till the 21st of title was good against the plaintiff. He cited Thack- but he failed, as being only of the half blood. The ptember, 1827. Bradley employed Messrs. Bourne man v. Timbrell (8 Sim. 253); Richardson v. Horlon plaintiff then put in his claim, and his solicitors his solicitors in the matters of the trust, and they, (7 Beav. 42); Shaw v. Borrer (1 Kee. 559); Builey having applied to Ann Lancashire to negotiate, she ntly with the Messrs. Whatley, discharged the V. Ekins (7 Ves. 322). demanded the proof of his title. His title was accord. ties thereof. On the 28th of June, 1827, the Taylor, for six devisces, defendants. ingly furnished, but in the meantime, on the ist of essrs. Whatley and Messrs. Bourne put up the Kindersley, in reply, said it was not a case of prin. November, 1842, she got a conveyance of the estates ist property for sale in forty-two lots, which were cipal and surety, but a case in which the trustee could to herself in fee from her cotrustee Osborne, and on sold but one, and the deposit of 101. per cent. on demand an account of the management of the trust the 16th December following got Hutchinson to e purchases was paid, half to one set of solicitors fund whenever he pleased. Besides it was said that execute the deed of conveyance. On the 29th of May, d half to the other, Whatley, the son, receiving we do not pretend in our bill that there is any liability, 1843, accordingly, the present bill was filed; and the 51. On the 29th of September, 1829, the purchases whereas we distinctly charge the contrary: plaintiff now moved for the production of papers, and re completed, and the balance of the purchase The MASTER of the Rolls. -What decree, Mr. for a receiver. The first part of the motion was VOL, VI, No. 138. Page 14
ag ie: th ter an th th ter the ter jud C. the
the highways " held within the division in which the the defendant. It is true that generally speaking term, A continued to occupy, although no less , highway is situate." there is no lien for the agistment of milch cows; but executed, and the premises were not repaired! Wildman now showed cause. The question turns the special terms of this agreement, whereby the In an action for use and occupation by Beperti upon the 95th section of the 5 & 6 Win. 4, c. 50, which defendant is empowered to retake the cow, whenever for half a year's rent:-Held, that the sling tin provides that, “is on the hearing of any such sum- and wherever he can find her, take this case out of did not raise any presumption of lav that A dana mons respecting the repair of any highway, the duty that general rule. Jacks) v. Cunmins (5 Mee. to occupy upon the terms of the old tengacy; u or obligation of such repairs is denied by the surveyor & W. 342); Rreres v. Capper (5 Bing. C. 136; B was entitled to recorer a reasonable compass on behalf of the inhabitants of the parish, or by any 6 Scott, 877); Oven v. Knight (+ Bing. N.C. 5+; for the use and occupation of the premises, other party charged therewith, it shall then be lawful for 5 Scott, 307.) Debt.-First count, in 401. for the use and comme such justices, and they are hereby required to direct Bult, Q.C. contrà.-- The question turns entirely tion of a certain ion, messuage, buildings, and so a bill of indictment to be preferred, and the neces. upon the agreeinent, which might have been pleaded and for certain tolls, dues, and daties, there a sary witoesses in support thereof to be subpænaed at specially, or generally, as a leave and license, but did plaintiffs were proprietors, arising fron certas c the next assizes to be holden in and for the said county, not support the issue taken on the plaintiff's property; and standings in the market-place in the border: or at the next general quarter sessions of the peace under that agreement the plaintiff retained the general Thetford, &c. by the defeodant, and at his res for the county, riding, division, or place, wherein such property, and the defendant took a right to acquire a and, by the permission of the plaintiffs, had takes bighway shall be, against the inhabitants of the lien; the agreement could give him no more. In retained to the defendant's use ; and for certaia parish, or the party to be named in such order, for order to give a lien the agreement must be accom vileges arising from the use by the defendant of 12 suffering and permitting the said highway to be out |panied with possession, for when the possession is tain building of the plaintiff's', called the Tora of repair; and the costs of such prosecution shall be gone, the lien is gone. The plaintiff was entitled to the Second count, in 401. upon an account stated. directed by the judge of assize before whoin the said possession, from time to time, and the defendant, Pleas. First, except as to so much of the Ex indictment is tried, or by the justices at such quarter when out of possession, was entitled to acquire a lien of action as relates to the sum of 231. 165. pares sessions, to be paid out of the rate made and levied, by retaking possession ; but in no event had he any -never indebted. Second, as to so much of tecer in pursuance of this Act, in the parish in which such right to dispose of the cow. (WGITMAN, J.-(s of action as relates to the sum of 11/. 155, par: highway shall be situate." Now, first, it is sub- not a lien a special property ?) Yes; they are con- the said sum of 23!. 108. parcel, &c. -payment in mitted that this clause as to costs is not imperative, vertible terms; they mean a right to keep possession sum before action brought. Third, as to $3 es but vests in the judge, a discretion ; which in this case until a certain event, and this agreement gives a the causes of action as relates to 11l. 159. reside i he has exercised. [Lord DENMAN, C.J.-I don't right to take, in order to acquire that special property. the said sum of 23l. 10$.-payment of that sea think that that position has ever been taken yet; it The plen, therefore, if not special upon the agree court. was at first supposed that that clause was imperative ment, should have been leave and license. . [WIGHT- Replication, joining issue on the first ples; abi upon the judge in all cases where the justices had MAN, J: - Is it not rather the other way; ---that as second a traverse of the payment in sattus ordered the indictment to be preferred; but after the plaintiff was to have the occasional use of the Issue thereon. wards it was considered that the clause only applied cow, he might plead leave and license to an action of to cases where the road is known and admitted to trespass for taking her, brought against him by the was brought to recover the sum of 401. for the The particulars of demand stated that the be a highway.] All the cases shew that the judges defendant?] The plaintiff has the general property, and occupation of a certain ion, called the Red L= have, in fact, exercised a discretion. (R. v. Ched- and at the time of the seizure the defendant, pot and premises, at Thetford, and for the tol's 2-3 worth, 9 Car. & P. 295; R. v. Heanor, (14 L.J. M. having possession of the cow, had only a right to from the stalls and standings in the market.plena C. N. S. 48; 1 New S. C. 467; 1 Bit. & Sym. 172), acquire such a special property as would have sup- from the shambles there, and for certain pritet The Court, at all events in this case, would not set posted his plea. arising from the use of the town-ball there, reac aside the order of the learned judge; for the verdict Cases cited: Whillington v. Bora!! (5 Q.B. 139); and enjoyed by the defendant from, on or abc was clearly against the evidence, and there is to be a Ashmore, v. Hardy (7 Car. & P. 501); Stancliffe v. Hardwicke (2 C. M. & R. 1; 3 Dowl. 762); Purnel! 1844. 11th October, 1813, to, on or about the 6th of de Whitehurst, Q.C. this rule is to be determined on v. Young (3 Mee. and W. 288). At the trial before Alderson, B. at the Napriek the affidavits, which are unanswered, and expressly Lord DENMAN, C. J.-It is perfectly well esta- Summer Assizes, 1844, it appeared that there state that the highway was not in Hickling; and blished that a lien may be given in evidence under a dant's mother had held the ion and the tek ti the 95th section only gives power to make an order for plea that the goods are not the property of the plain- corporation as tenant from year to year, at a costs upon the rate levied " in the parish in which the tiff . The question therefore is, whether the defend-477. per annum ; that her term expired, by astet e not this rule to stand oser until the new trial is bad?) think that the true construction of the agreement March in that year the corporation advertised het There is an objection which shews the proceedings to proved is, that he did, leave being reserved to the new tenant, and that the defendant sent in a teatro be void altogether. In order to support the subse plaintiff to take the cow for the purpose of milking which was accepted, and was in the foloring bornien quent proceedings, the order of justices directing the her morning and evening. The defendant takes the indictment to be preferred must be sufficient on the cow in payment of a debt; that is, to keep her till “1, Charles Dewing Tyler, of Thetford , kereby face of it. (Christie v. Unuin, 11 Ad. & E. 373 ; the debt is paid, with power to retake her, if out of offer the sum of 801. as an annual rent fa Harrison v. Wright, 13 Mee. & IV. 816.) Now, the his possession at any but the stipulated times; and the Red Lion Inn and premises in Thedord , order of justices in this case is bad, for not shewing that, in my opinion, constitutes a lien. Then the gether with all the tolls, dues, and duties arisa on the face of it that it was made at a special ses plaintiff does take the cow, and keep her out of the from the stalls and standings in the sky siops held within the division in which the highway is defendant's possession for a long time, in breach of place there, and two-thirds of the tolls dze, 99 situate; and the case of R. v. Martin 2. Q. B. the agreement; and it seems to me quite a fallacy to duties arising from the shambles in the se 1037 (n) is a decisive authority for the position that say that, because she was out of the defendant's market-place, and with all other privileges , so that defect invalidates the order for costs. possession by such means, therefore the lien was lost; ject to the annexed conditions. Lord DENMAN, C.J.-Upon that point we will when the very remedy given by the agreement is that “ First, -A lease to be prepared by the consente give Mr. Wildman time to examine the authorities. the defendant may, under such circumstances, retake paid for equally between the council 2012 lessee. at any time or place. I am of opinion, therefore, “ Second,—That the lease shall be ten years , RICHARDS 1. SYMONS. voluntary parting with the possession of the goods, shall contain the following covenants for parec Pleading-Trespass - What eridence will support a plea but a wrongful deprivation of that possession by the of rent quarterly, payment of all rates and targ denying the plaintiff's property. plaintiff. For these reasons I think that the case (income tax and land-tax to be repaid by the extent Trespass for seizing the plaintiff's coio. The plaintiff, falls within the authority of the cases, which say that cil). Council to do all outside painting and me being indebted to the defendunt, agreed that the cow a lien may be given in evidence under a plea of not pairs ; lessee to do inside repairs and painter should be agisted in the defendant's close until the debt possessed. house inside at the expiration of fire Fears for was paid, the plaintiff being at liberty to take her Williams, J.-The terms of the agreement dis. the commencement of the term, and to leave the home erery night to be milkedl, returning her on the pose of the case. The argument is that the lien had same in a tenantable state of repair at the end ofte following morning; and the defendant haring author gone, because the possession had gone ; but that term. Council may enter at any time to view si? rity to relake her whenever or whererer found, if she is the very event which the agreement provides for of repairs, and to take an inventory of the should at any time be taken out of his possession, in when it gives the defendant liberty to retake the cow breach of the agreement :~Held, that these facts sup: whenever and wherever found, until the money is tures, giving three days' previous notice there after three days' notice lessee to canse repairs till ported a plea denying the plainliti's properly in the paid: It seems to me that the property contioued at done if wanted, and fixtures replaced, if remord all times in the defendant, subject to the plaintiff's Council may affix notice within eight montesis Trespass for seizing a cow. right of occasional use. fore the end of the term, of the premises being Pleas: Ist, Not guilty. 2nd, That the cow seized WIGHTMAN, J. (a).-In the case of a personal was not the cow of the plaintiff . Issue thereon. chattel, the plea of no property” means no property let, and shew them to persons. Lessec agt convert the premises into a private house with Verdict for the defendant on the 2nd issue. as against the defendant; and here it is said that the At the trial it appeared that the plaintiff, being in- defendant's lien derested every time the cow was taken out consent in writing of the council, nor to debted to the defendant, an agreement was entered to be milked, subject to be replaced whenever the de. sign or underlet them without the like conser into by them, whereby it was agreed that the cow in fendant recovered the possession ; but that, which House to be orderly conducted ; to quit at the end of the term. Council may re-enter on nonquestion, then belonging to the plaintiff, should be would certainly be a very anomalous state of things, ment of rent within fourteen days after dae, agisted in the defendant's close, the plaintiff being at is provided for; and the power to retake at all times on breach of covenants. Lessee to have que liberty to take her away every evening for the pur- shews, beyond a doubt, that the defendant's lien or pose of milking, and agreeing to return, her every special property was never lost at any of the inter enjoyment, on payment of rent and perfordrant Imorning; and the defendant, in case of the plaintiff vals, during which the plaintiff had a permissive pos of covenants. Proviso against lessee becomix neglecting so to return her or taking ber away at any session of the chattel. bankrupt, insolvent, or making any assignmes, or suffering judgment. “Third, -The council will put the house is was paid. Under the agreement the cow had been THE MAYOR &c. OF THETFORD r. TILER. thorough repair before the commencement du term. taken by the plaintiff for milking, and not having been returned for about three weeks the defendant seized “Fourth, --The lease to be deposited at Tom her. A rule nisi having been obtained to enter the 4 agreed to take a lease of B, for ten years, to com. Clerk's office. verdict on the 2nd issue for the plaintiff, on the (Signed) “CHARLES Dewing TYLER.". ground that the above facts did not support the plea, mence at a future day, al a rent of sol. B to put the was inade to the council, both by the defendant and After that tender had been accepted, application Montague Smilh now shewed cause. for the plaintiff that the facts proved would only ment of the term. Afler the agreement, A, with the of her, for the residue of her term; to that applica premises into thorough repair before the commence- by his mother, to receive him as their tenant, instes! support a plea of leave and license, and not a denial consent of B, became assignee of the existing term, tion the corporation assented; and in April, 1843, th of the plaintifi's property ; but the agreement between the plaintiff and defendant gives the latter such a tenancy was to commence, at a rent of 471., and look that time to the commencement of the action, the son became assignee of the mother's term. From special property in the chattel, as prevents the plain possession as such assignee. Al the expiration of that defendant continued to occupy the premises ; and bad tiff from setting up any property in bimself as against (a) Coleridge, J. was absent, paid the rent due in October 1843, at the old rate, but Do lease had been executed, nor had the premises been
the the mo tio: agt tio sar ale tha [L 01 teri this Stei
Landlord and tenant Terms of tenancy-Holding
which would expire on the day on which the new Page 15
to his satisfaction, and the proof of the fact of the en. statute. With respect to the objection that this for by the 35th and 43rd sections, and such cas tjec joyment of the property is made out to his satis. Court has no power, it is submitted that all the ing up und declaration need not be in the ward or or faction. On the present occasion, the objection taken Courts have power over any bill by the statute. the day of the election but on the third day as pri. P. is that it was sufficient to identify the property. It POLLOCK, C.B.-It is not necessary to decide the rided for by the aforesaid sections. was conterded by the barrister that the property in question whether this Court would have had juris. Gunning moved for a rule calling upon Mr. Joba La question was not sufficiently described for the pur- diction to refer a bill of this sort to taxation. Had Hall to shew cause why an information in the oature ools pose of being identificd, and he goes on to say, “it it been necessary, I should have had little doubt upon of a quo warranto suould not be filed agaiost bio for was, in my judgment, sufficiently described for the the point. I think, however, that the other point is exercising the office of town councillor of Cambridge. Ther purpose." I think that is a point made out to us, fatal to the rule. The ratepayers have nothing to It appeared that at the last annual vacancy in the gran and he having so found it, and not seeing any reason do with the retainer, nor are they liable to pay the town council, a Mr. Thurston and Mr. Hall went out to say, on the evidence before him, it was not suffi- bill. The surveyors alone are responsible. It is true of office, and that they stood again as candidates with ciently described, the finding of the barrister must be that they may, perhaps, pay the bill out of a fund to a Mr. Headly for the representation of the ward of affirmed. which the ratepayers may have to contribute ; but East Barnwell, Cambridge. On the day of election The other judges delivered similar judgments. even that does not appear, for the surveyors may (the 1st of November, instant), Mr. Thurston polled In the Decision affirmed, without costs. have funds sufficient for the purpose already. The 106, Mr. Headly, 65, and Mr. Hall, 64 votes; but ST. Highway Act, 5 & 6 Wm. 4, c. 50, which makes it assessors on the Monday following, they made it ap- COUNTY OF MIDDLESEX. necessary for the surveyors to pass the accounts be- pear that the numbers were, Thurston, 105, Headly, "The WALKER, Appellant, and PAYNE, Respondent. fore the magistrates, whose duty, which we cannot 64, and Hall, 64 ; whereupon, in pursuance of the pose Where a party has no fixed place of abode, and is assume they would neglect, would certainly be not to powers contained in the 35th and 43rd sections of the “' travelling abroad," ihe latter description is a suffi- pass this bill untaxed. 5 & 6 Wm. 4, c. 76 (the Municipal Corporation Act), gith cient compliance with the Form No. 2, schedule A, The rest of the Court concurred. the votes for the two latter candidates being equal, Rule discharged. they declared that Mr. Thurston and Mr. Hall were the The question in this case was, whether "travelling BUSINESS OF THE WEEK. Teip On the behalf of Mr. Headly, it was now con. grol place of abode, in the second column of the Form No. 2, schedule A, 6 Vict. c. 18. The revising barrister gins shewed cause against a rule to enter a verdict following reasons :- hea decided that the party haviog no other place of abode, for defendants, as to part of the causes of action or Ist. That the votes which were actually given for the the description given was sufficient. for a new trial. Martin, I. Hill, and Tomlinson, Mr. Headly were 65, and not 64, as appeared by the HOL H. T. Atkinson, for the appellant.—This amounts contrà. voting papers filed, and it was suggested that the Rule absolute in its first part, Discharged alderman and assessors must have omitted, in their cilios to a total omission under sect. 40 of 6 Vict. c. 18, saya as to the new trial. and the pame ought to have been expunged. If such computation of Mr. Headly's votes the name of one a description of the voter's place of abode were held THOMAS V. HUNTER.-Bramwell, to set aside Jobo Gray, Rule nisi. crizina 2nd. That one Charles Fuller attended to vote for sufficient, tbe 46th section of the Registration Act, proceedings. Thursday. which gives the revising barrister the power for the Messrs. Thurston and Headly, but was met by one Newall v. WEBSTER.- Wilde, Serjt. Jerris, and John Wallis, who asked him for whom he intended to first time to inflict costs for frivolous objections, and the 71st section of the same statute, which directs Webster, shewed cause against a rule obtained by the vote ;,, and on being told, replied, " Oh, Headly's that in case of refusal such costs are to be levied on Attorney-General for a new trial. The Attorney. done." Whereupon Fuller, supposing that Headly the party's goods, would be rendered inoperative. General, Whulelcy, and F. Robinson, contrà. had resigned, intended to vote for Thurston alone, Part heard. Great facilities would likewise exist for personation and received a voting-paper from Wallis, folded so as EMERY r. RICHARDS.- Martin shewed cause to shew the name of Thurston only, which he signed, of parties at the polling-booths, owing to the absence of the means of identity ing the voter, which are given agaiust a rule for a new trial obtained by Hans. thinking that was the only person for wholehele was voting, but which voting-paper, on a scrutiny, by bolding the claimant to a strict description of his Hans, contrà. The case was tried before the Under: sheritf. Rule absolute. was found to contain also the name of Hall, which fixed place of abode. BARTLETT r. Benson.-Dundas and Addison was inserted without bis concurrence and against his 3rd. That the numbers were improperly declared Rule discharged. by the alderman and assessors, who declared them on engaged abroad in ber Majesty's service, would the Monday following, whereas they should have cast ( Octob be disfranchised. The place of avode was only re them up at once, and have allowed the mayor to quired by the statute in the case where the party bad BAIL COURT. have published them on the Monday, pursuant to ope, and not otherwise. sec. 35. The other Judges delivered similar judgments. Thursday, Nor. 13. 4th. That the casting-vote was given on the Mon. Decision of the rerising barrister affirmed, but (Be’ore Mr. Justice Pattesox.) day (the third day) instead of on the Saturday, the without costs. Doe dem. PATTERSON v. Roe. day of the clection. 5th. That the casting. vote and the declaration of SOUTHERN DIVISION OF LANCASHIRE. possession had been preriously serred, the tenant whereas it took place at the town-ball, out of the Riley, Appellant, and Crossler, Respondent. being from home forty miles off ), and there being ward. PATTESON, J.--I see nothing in any of the objec. facts of the first Cur, adv, rult. BESWICK, Appellant, and ASHWORTH, Respondent, ejector under the following circumstances :-There are as you state them, the objection is perfectly good. two perfectly and a , the daughter of the , for I is appea COURT OF EXCHEQUER. dress; he then left the declaration, and on the same to elections in their ward as the mayor and assessors evening forwarded a copy of the declaration by post have for the whole borough, if not divided into wards, Tuesday, Nor. 18. to the tenant at the address at Dunbar, which, in the and therefore it follows that it was their duty, and Re BARBER, Ex parte The MANCHEster and ordinary course of the post, would have reached him not that of the mayor, to cast up and declare the Leeds RAILWAY COMPANY and OTHERS. numbers, wbich they properly did on the third day, PATTESON, J.- There is no reason to suppose which also was the proper time for giving the cast- such a service has been permitted. claration of the numbers being made at the town-hall . father, and probably did so. We did all that we any doubt upon the powers of the alderman and as. sessors, or as to where the declaration should be made, Rule nisi accordingly, Friday, Nor. 14. Doe dem. PARKER U. ROE. premises wilh a person in charge of the house, and Rule refused. some days after the commencement of Term the tenant acknowledged that he had receired it, but did not REG. r. Joux HALL. stute when he had received it, the Court refused a 1 rule nisi for judgment against the casual ejector. Lawes moved "for judgment against the casual ejector. It appeared that the party who served the Under the 5 & 6 Wm. 4, c. 76 (the Municipal Corpora- declaration saw at the premises, on the 31st of she would give Page 16
['pot mectin hilket Maber that in polate Kilke. when course condu ad th
SHIELDS ». HANBY.-Clarkson shewed cause ment against the casual ejector, on a special affida- | not proceeded with, and the plaintiff again lodged the Burton v. YARDLEY, Clerk.-Yardley shewed obtained a verdict. Rero, contrà. (3 & 4 Wm. 4, c. ing upon the defendant to shes cause why he should Pryme v. Titmarsh, 10 M. & W. 605; Dennelt vi Cur, ado. Cult. BARNES r. WRIGHT.-Ilise moved for a rule nisi Tithe Commissioner to amend his award. rule to discharge the defendant out of the custody of the sheriff of Middlesex, on the ground that he was Rule nisi. Rule nisi. protected under the 7 & 8 Vict. c. 96. Dixon v. WING.-- Hoggins moved for a rule calling Doe dem. HAWKINS v. ROE.-F. Robinson moved Rule nisi. landlord herein should be discharged. Rule nisi. been found guilty of a conspiracy, whereupon an ap for judgment against the casual ejector ; the tenant nonsuit in this case, which was tried before the Doe dem. HENNIKER r. Roe.-- MacMahon moved JUBB v. ELLIS.-11. Milde moved to set aside the off the roll of attorneys; and it was a part of the rule in possession at the time of the service was bed-rid, Secondary, and for a 'new trial. (Rogers v. Custance, that he should not apply for his certificate until the den and insensible from paralysis, but the son (aged 1 Q. B. 32; Simons v. Johnson, 3 B. & Ad. 175; final determination of the litigation. Pending this 30), who took the declaration, said that he managed Moses v. Levy, 4 Q. B. 213.) Cur, adr, rult. Rule nisi. rule he had brought a writ of error, which resulted in his father's business. ELDERTON O. TAYLOR and OTHERS. Atherton moved, on behalf of a Mr. C. H. Pulley, the reversing of the judgment against him. Upon the argument on the rule for striking him off the an attorney of this court, to exhibit articles of the moved to enter up judgment nunc pro tunc. Rule nisi. TOLSON v. Fisher and OTHERS. -- F. Robinsor as it would be too late to apply for his certificate if Application granted. shewed cause against enlarging the peremptory under. Reg. c. GEORGE LONG, Esq.- Peacock shewed Enlarged, to iry at next assizes. Reg. on the prosecution of the Parish of Bow make for a rate due in respect of No. 15, Southampton.ter: preferred for obstructing a bighway Doe dem. GLYNDS 1. Roe.--Petersdorff moved Vict. c. 67, and 6 & 7 Vict. c. 60, local and personal Irish Keports. COURT OF QUEEN'S BENCH. and Horarth, contrà. Rule absolute. Saturday, Nov. 15. (Before BURTON, J. CRAMPTON, J. and PERRIN, J.) 1301, and to answer the matters of the afhdavits. Rule absolute. Rule nisi. of the Attorneys, v. John MAHER, one of the AtFriday, Cox moved to make absolute three rules. torneys, and OTHERS. Napier, Q.C. on behalf of the prosecutor, an attor. ney practising in the county of Kilkenny, mored for Doe dem. HOWARD r. Roe.-Simons moved for liberty to file a criminal information against the de- fendants, who were also attorneys residing in Kil. aside a warrant of secutor's affidavit, which stated that a circular, in Jones v. Brown: - Pearson moved to rescind an kenny. The motion was founded upon the prorule discharged with costs, no one appearing in its attorney, and discharging the defendant out of cus Rule discharged, with costs. support. the following terms, had been sent to him:- “At a meeting of the attorneys of the county and ANOTHER.- Lav T. Saturday last.) Cur, adr, rult. city of Kilkenny, held at the Hibernian Hotel, Kil. PROUD 0. MÁYALL.-Pashley moved to make this kenny, on the 6th day of November, 1814, Michael Cur, adv. rult. contrà. rule absolute-no cause shewn. Rule absolute. WYATT U. CHAMBERLAINE t. Hyland, esq. in the chair, the following resolutions -.-Barstow moved to set aside the were adopted :-Resolved – That we, the attorneys, make a judge's order a rule of court, and that the outlawry herein. Rule nisi. do form ourselves into a society, to be called " The costs might be taxed. Wednesday. Society of Attorneys of the County and City of Kil. The Queen r. Thomas Phillips and OTHERS, kenny." Resolved-That Mr. John P. Quin be retringas. Distringas granted. cause against a rule obtained herein for a mandamus, society. Resolved – That the attorneys practising this case on the attorney. PATTESOx, J.-As it is directing the above justices to issue a warrant of dis. at sessions in the county and city of Kilkenny do use for liberty to he obtained tress for the payment of a poor-rate assessed upon a seal for stamping the criginals of all processes to be for an attachment, it must be personal. Rule refused. the Birmingham news-room. Archbold, contrà.- issued, and a seal for stamping all copies of processes Cox applied for liberty to pay into court a sum of/ under 6 & 7 Vic. c. 36, and Mr. Justice Patteson, stamping original processes to bear the motto, "The thinking it a proper question to be fully argued on the Seal of the Society of Attorneys, County and City of money, in lieu of bail. H. Hill, contrà, consented. return, directed the mandamus to go. Rule absolute. Kilkenny," having in the centre of the seal the word Application granted. Er parte JEFFEREYS.Jercis (Hoggins with him) "original ;" and the seal for stamping copies to bear to the Lords of the Treasury commanding them to word "copy;" and that the original processes be solved–That all originals and copies shall be stamped set aside with costs, or why the proceedings in the Treasury of the Court of Common Pleas. Rule nisi. with the seal for original or copy, as may be required; BOTTOMLEY r. Buckley and ANOTHER.-Jerris, and each shall be issued and bear the signature of one secole first are paid. No cause being the role. Ruo- Q. C. shewed cause against a rule obtained by Wat of the attorneys, to be nominated for such purpose linson elected to take the first branch of his rule. son, Q.C. to enlarge the time for moving to set aside who shall continue to act for one sessions, and until Rule absolute. the appointment of another. Resolved–That there There were five other cases precisely similar, and an award. Rule absolute, to more before the end of the shall be charged for each original the sum of sixpence, present term. and for each copy the sum of one penny, so signed WATKINS r. JACKSON:Jerris, Q.C. having on and sealed. Resolved–That no attorney do issae, fill, Monday. DAWE T. HOLE.-Crouder, Q.C. moved for a rule a former day shewed cause against a rule obtained by or move any process which shall not bear the stamp on the behalf of the defendant for a review of the Butt, 2.C. to set aside the Master's report, and to of the society, and signature of the attorney ap: directed the rule to be unless certain seal, Rule nisi. terms suggested by his lordship were agreed to. and that our treasurer, alone, do deliver out, and re Rule accordingly. ceive the fees upon, all originals and copies of pro. REG. t. The Provost OF ETON.-Schomberg Ex parte Robert FELL.--Granger moved for a cesses to be issued for the ensuing sessions. Removed for a rule nisi commandiog the above party, as lord of a certain manor, to admit a copybold tenant. habeas corpus to bring up Mr. Robert Fell, now in solved --That our treasurer be authorized to purchase (Alree v. Scutt, 6 East ; Holloway and Another v. the Newcastle-upon-Tyne Lunatic Asylum, in order all forms of processes, and seals for the stamping of Rule nisi. that he might be discharged, it being alleged that he same, the expense of which to be defrayed out of the PEARCE 1. SIMCOE.-Pearson mored for a rule is perfectly sane, and that the order npon which he funds of the society. Resolved–That our secretary directing an attorney to give up certain papers, and was received into the asyium is defective upon its face. be requested to transmit a copy of the resolutions Rule nisi. Trit granted. Reg. r. THE CRARING-CROSS BRIDGE Con questing their co-operation with the society."" agreed to at this meeting to different attorneys, re T circular he did not attend, non-compliance with the order of a judge ; it appear of Belvedere. wharf, for a rule for a mandamus com. doubts of its legality; by the law as it existed, the ing, however, that the service of the order and the de- manting the above company to issue their warrant to suitors in the civil bill courts were at liberty to fill up mand being on the party's agent in town, and not per- the Sheriff of Surrey, directing him to summon a jury the processes themselves, but if an attorney did it, he Refused. for certain damage done to for asso ciateu attorneys, bowever, resolved not to move any Banks moved that the articles of clerkship of an Mr. Child's premises by the company's works. Rule nisi. process unless it bore the stamp of this body. It ap. cause against a rule to set aside the trial bad before secutor's business at an office in Piltown, nine miles Application granted. been , having been the of cause against a rule to set aside the award herein. ings. The cause, when in court before the sheriff, clients, purchased three pounds' worth of forms, sealed Dos dem. DexNIS v. ROE.Wise moved for judge consent; but the reference, from some cause, was prosecutor, who gave positive orders that no more
Matter is tallation herein. (Sherwin we. Serindon , 12 defecte de receta me made absolute, udleis tertain pointed by the society to sign same. Resolved=That Page 17
t not be advisable to do so before offering the Eastern Counties and Thames Junction Branches Manchester and Birmingham Continuation and Wels -erty for sale ; and, if so, then which of the Eastern Counties Extension, to Bedford and Epping Junction it would be most eligible to select ; and here Eastern Counties, Barking and Thames Junction Manchester, Sheffield, and Midland Manchester and Bury Atmospheric ay be proper to remark that there are some Eastern Counties Junction and Southend rance offices which, under certain restrictions, Eastern Union, Cambridge and Bury Amendment Eastern Counties, March and Lincoln Extension Manchester, Hebden Bridge, and Keighly, with Leeds and Carlisle Junction undertake to insure even unhealthy lives. Eastern Union, Norwich Extension Amendment Manchester, Huddersfield, and Great Grimsby Direct nother important subject of inquiry, where a Eastern Union, Extension of Powers Manchester and Hyde lor takes a limited interest, is, whether that in Eastern Union and Harwich Amendment Manchester and Leeds Extensions Amendment st might not be more advantageously disposed Edinburgh and Perth Manchester and Lincoln Union Railway, and the concurrence of other parties, also interested, Epsom and Dorking Chesterfield and Gainsborough Canal Company ld be obtained; as the concurrence of the rever- Erewash Valley Branches Manchester and Milford Haven Midland Branches er where the party wishing to sell is only tenant Essex Midland Junction Midland, Erewash Valley Branches life; or vice versa, the concurrence of the te- Essex and Suffolk Midland and Leeds and Bradford t for life, where the intended vendor is only Exeter, Yeovil, and Dorchester Branches tled to the reversion expectant on the determi- Exeter and Great Western Midland, Syston, and Peterborough Deviation and Branches Amendment ion of such prior life estate. Exeter, Topsham, and Exmouth Midland Union, Burton-upon-Trent, Ashby-de-laVhere there are any outstanding estates in third Glamorgan Central Mineral Zouch and Leicester sons, who take no beneficial interest in the pre- Glasgow Southern Terminal Midland Extensions, Clay Cross to Netrark es, as where a mortgage has been paid off, but Great Eastern and Western Midland Extensions, Swinton to Lincoln re has been no reconveyance of the mortgaged Gainsborough, Epworth, and Leeds, Wakefield and Midland, Leicester, and Swannington, purchase and Branches Pontefract Junction mises, it will frequently be advisable to get all Midland, Tbirsk Junction se conveyed, either to the vendor himself, or to Grand Junction Amendment and Branches rustee for him, prior to offering the property for Great Grimsby and Sheffield Junction, Extensions Midland Grand Junction Nos. 1 and 2 Morecambe Bay Harbour and Railway e; for it has often happened that persons who Great Kent Atmospheric Newcastle and Carlisle Extension and Branches uld readily have concurred in an assurance for Great North of England and Yorkshire and Glasgow Amendment e purpose of strengthening the owner's title to Union Junction Newcastle and Carlisle, Allenhead's Branch possessions, when they find the property is in Great North of England, purchase Newcastle and Darlington Junction Branches and e market, and suppose their conveyance essential Great North of England, Bedale Branch Dock Amendment complete the sale, will often give a great deal of Great North of England and Boroughbridge Branch Newmarket and Chesterfield ouble and make very exorbitant demands, which Great Welsh Central Newcastle, Durham, and Hartlepool Union Great Western and Uxbridge Norfolk Extension Amendment Norfolk, Wells Branches Great Western and Wycombe Northampton, Banbury, and Cheltenham is true a court of equity would in most instances Glasgow, Barrhead, and Neilston Direct North British Amendment mpel parties of this kind to concur, but still the Glasgow, Dumfries, and Carlisle North Devon North Metropolitan Junction North of Norfolk Great Eastern and Western North Devon, Ilverton, Honiton, and London Direct Harwich and Eastern Counties Junction Junction Huddersfield and East and West Coasts Direct North Union Grand Junction, Manchester and Leeds AZ ETTE NOTICES FOR THE NEW LINES. Huddersfield and Liverpool Direct Amendment e following we believe to be a correct alphabetical Huddersfield and Manchester Railway and Canal, North London Junction list of the parliamentary potices for the new lines Bradford Branch Amendment Nottingham and Erewash Valley published in the Gazettes of the past week :- Huddersfield and Manchester Railway and Cooper Nottingham and Gainsborough nbergate, Nottingham, and Boston and Eastern BridgeBranch and Huddersfield Diversion Amend. Ogmores and Garw Vales and Port of Cardiff Junction Oldham, Manchester, Liverpool, and Birkenhead irnet and North Metropolitan Junction Huddersfield and Manchester Railway and Oldham Junction dale Branch Branch Amendment Oldham Districts rkenhead and Holyhead Junction and Mold Ex. Hull and Holyhead Direct Oxford and Salisbury Direct tension Hull, Sheffield, and Midlands Direct Oxford, Southampton, Gosport, and Portsmouth rmingham, Lichfield, and Manchester Hull and Lincoln Direct and Great North of England Oxford, Worcester, and Wolverhampton Amendrmingham and Worcester Direct, with branch to Junction ment Redditch Hull and Great North of England Peterborough and Nottingham Junction irmingham, Wolverhampton, and Dudley Huntingdon, St. Ives, Wisbeach and Sutton Pontop and South Shields, purchase irmingham, Leicester, and Boston Lanark, Stirling, and Clackmannan Counties Junc- Portdyollaen, Shrewsbury, and Chester Junction, and lackburn, Clitheroe, and North-Western Junction tion Branch to Oswestry lackburn, Darwen, and Bolton Amendment Lancashire and North Yorkshire Portdynllaen and Bangor Amendment lackburn and Preston Amendment Lancashire, Weardale, and Hartlepool Union Preston and Wyre Railway, Harbour and Dock oston, Grantham, Leicester, and Midlands Junction Lancashire, Cheshire, and Staffordshire Junction Company Amendment oston, Stamford, and Birmingham Lancaster and Newcastle-upon-Tyne Preston and Wyre Extension, and Darwen Junction oston and Lincoln Leeds, Wakefield, Pontefract, and Grimsby Junction Reading and Reigate ridgewater and Minehead Railway and Pier Leeds, Dewsbury, and Manchester Deviations and Rhonddo and Ely Valleys Junction ristol and South Wales Junction Branches Amendment Rochdale, Heywood, and Manchester ambridge and Lincoln Extension, and Lincoln, York, Leeds and Thirsk, North Eastern Extension Rugby, Leamington, and Warwick and Leeds Junction Leeds and Bradford Direct Rugby, Warwick, and Worcester aledonian, branches to Granton, Leith, and Queens. Leeds, Huddersfield, and South Staffordshire Salisbury and Swindon Extension ferry, and Junction with Edinburgh and Glasgow Leeds Central Station Sheffield and Lincoloshire Junction Union Canal Leicester and Birmingham, with Branch to Coventry Sheffield and Manchester, Peak Forest and Man. aledonian and Clydesdale Junction, Amalgamation Lincoln and Northampton chester Canal, purchases and Amendinent Lincolo and Eastern Counties Junction Sheffield and Manchester, Staley-bridge, and Hayfield ale donian, Damfries and Langholm Branches, and Liverpool, Manchester, and Newcastle upon-Tyne Branches Amendment Carlisle Deviation Amendment Junction Sheffield and Manchester, Barnsley Branch Amend. Caledonian, Glasgow Termini and Dundyvan and Liverpool and Preston, and Manchester and Southport ment Castlecarry Junction Liverpool, Preston, and North Union Junction, with Sheffield and Manchester, Worsborough, Chapelaledonian, Purchase of Glasgow, Garnkirk, and extensions to Blackburn, Southport, and Wigan town, Dukenfield, and Glossop Branches Amend. Coatbridge Liverpool and Bury Branches Amendment ment Cambridge and Lincoln Extension, and Lincoln, York, Liverpool, Birkenhead, Parkgate, and Holyhead Sheffield and Manchester, Sheffield and Lincolnshire, and Leeds Junction, with branches to Doncaster Junction Great Grimsby and Sheffield Junction, Grimsby 'armarthen Junction Mineral Liverpool and Derby Docks, Huddersfield and Manchester, Railway and Central Kent Liverpool and Leeds Direct Canal Amalgamation Chelmsford and Bury Llynvi Valley and South Wales Junction Sheffield, Rotheram, Barnsley, Wakefield, Hudders. whester and Birkenhead Amendment London and Holyhead Direct field, and Goole Chester and Manchester Direct London, Hounslow, and Western Shrewsbury, Wolverhampton, and South Stafford. Chichester and Bognor London and York shire Colchester, Stour Valley, Sudbury, and Halstead London and South-Western, amendment of several Shrewsbury and Hereford Coventry, Banbury, and Oxford Direct Acts Shrewsbury, Oswestry, and Chester Junction and Clitheroe Junction London and Birmingham, Banbury Branch Branches Derby and Crewe Junction London and Bury St. Edmund's, and Direct Norwich Shrewsbury and Leicester Direct Derby, Uttoxeter, and Stafford Railway and Extension Shropshire Mineral Derbyshire, Staffordshire, and Worcestershire Junc- London and York (Great Northern), St. Alban's, Shropshire Union and Canal, Shrewsbury to Stafford Luton and Dunstable Branch Shropshire Union and Canal, Newton to Crewe Direct Birmingham and Leicester London and York (Great Northern) Hertford Branch Shropshire Union and Canal, Worcester and Shrews. Direct London and Manchester Louth and Gainsborough Direct bury Direct Manchester and Leeds Lowestoft and Beccles Railway and Drainage Slough and Reigate Direct Northern Lyon and Ely, and Lynn and Dereham Junction South-Eastern Extensions Direct Lincoln, East Retford, and Sheffield Junction Manchester, Bolton, and Bury Canal Navigation South Yorkshire Coal Dover and Deal Amendment South Staffordshire Downham and Swaff ham Macclesfield and Manchester Junction South Devon, additional branches "East and West Yorkshire Junction, Harrogate, Manchester and Leeds and York South Midland Knaresborough, and York Manchester, Southampton, and Poole South Midland and Southampton East Dereham and Norwich Manchester and Leeds, Oldham, Ashton, Stalybridge, South and Midlands Junction East Lincolnshire and Liverpool Branches and Amalgamation South Wales Branches Page 18
of the said publication called the “Law Times,'' would Thursday, Nov. 13. Oct. 31. W. S. Bastard, merchant, Exeter, H. F. not for the future be allowed or submitted to, this dept. London. --Mohan and Co. wine merchants, joint and scp. Barker and Bean, tailors, diy. Bean next week. Gregory, Nicholls, draper, Bridgewater, W. Fuller, grocer, same printed, or caused to be printed, conspicuously upon divs. next week. Gregory, London. place, and J. B. Elworthy, draper, same place, pet. crs. the cover of the fourth number of the said Revlew, Ashtox WILLIAM, spirit merchant and grocer, Pickering, which was published in the month of Aug. last, a no Friday, Nov. 14. Yorkshire, Dec. i and 19, at eleven, Leeds, Com. West; tice in the words and figures following, (that is to say), London.-Clarkson, w. boot manufacturer, div. nest week. Ayling, J. cabinet maker, div. next week. Turquand, Fearne, off. ass. ; Coverdale and Lee, Bedford-row, Par kinson, Pickering, and Ward and Son, Leeds, sols.Date “ Although we do not object to any reasonable ex. Groom, London.-Farrow, J. draper, div. dext week. of fiat, Nov. 6. J. Q. Richardson and R. Humble, wine tracts being made from our work, still less to any Groom, London.-Frearson, W. H. cotton manufacturer, merchants, Hull, pet. crs. comments or criticisms on our opinions, yet it is not div. next week. Turquand, London: --Laurence, S. dealer Bailey, Thomas, builder, 1, Boot-lane, Bristol, Nov. 28 consistent with our notions of propriety to take whole in watches, last exam. sine die. Y'Entyre, R. commission and Jan. 6, at eleven, Bristol, Comi. Stevenson ; Acraman, off. ass. articles verbatim without permission. This bas been agent, last exam. passed.— Pars!ow, c. tailor, div. next Hassell, Bristol, sol. Date of fiat, Nov. 12. week. 'Turquand, London.--Robson and Co. pump manudone rather too freely, and we beg it may not be re- facturers, joint div. next week. Graham, London. - Thack Bankrupt's own petition. peated.” And this dept. saith that the said notice way, w. G. tailor, last exam. Dec. 2.- Vardy, J. E. draper, CRANE, JAMES, maltster and agent for the sale of anthracite coal, No.1), Crooked-lane, City, and late of Stamfordhath been read by, or hath come to the knowledge of, div, next week. Turquand, London. bridge, Fulham, Nov. 28, at balf.past two, Dec. 23, at the said defts. And this dept. further saith that the Saturday, Nov. 15. hall-past onc, Basinghall-st. Com. Holroyd; Groom, off. fourth number of the said “Law Review," published Elliott, J. Smith, last exam. passed. a s. ; Randell, Birchin-lane, Cornhill, sol. Date of fiat, in the month of Aug. last, contained amongst others, Nov. 14. Bankrupt's own petition. DIVIDENDS. "A Memoir of the late Lord President Blair," and DARBY, WILLIAX ABSALOM, builder, No. 3, Charles-st. also "A Memoir of the late Sir William Follett," Bankrupts' Estates, Westbourne terrace, Paddington, Dec. 2, at half-past and that the said dests, have, in a number of the said Official Assignees are given, to whom apply for the twelve, Dec. 23, at two, Basinghall-st. Com. Holroyd; Edwards, off. ass. ; Robinson, Orchard-st. sol. Date of Newark, Nottingham, Nov. 29, an Dec. 22, eleven, Biras aforesaid in the said fourth number of the said Fernandes and Co, millers, further and final, 3d. Hope, mingham, Com. Daniel ; Whitmore, off. ass. ; James and Whitmore, Son, Ely-place, and Spencer and Rollings, Birmingham, end of the said memoir. And this dept. further saith quand, London.-"Greenhou', C. H. ship broker, first, 28. 6d. London.-Gorbell, T. K, bookseller, second, 18. 7d. Tur. sols. Date of fiat, Nov. 5. T. Jones, W. Jones, c. J. that the said defts. in a subsequent number of the Wakley, Newcastle.-- Hull, W. grocer, second, 1s., Baker, Jones, and T. Jones, jun. merchants, Leadenhall-buildings, City, pet. crs. said “ Law Times," bearing date Sept. 27, 1845, Newcastle.- Hardy and Hardy, grocers, first joint dir: 4d.; Lovegrove, Joux, barge builder, No. 57, Rotherhithe-st. printed and published verbatim, or nearly so, the sep. of J. Hardy, 7s. 11d. Turquand, London-Hentig, R. Rotherhithe, Nov. 25, at one, Dec. 30, at half-past eleven, whole of the said memoir of the Lord President Blair, merchant, final, 1s. 24. Fearne, Leeds.-- Knight, J.butcher, Basinghall-st. Com. Shepherd; Graham, off. ass.; Freeso contained, as aforesaid, in the said fourth num: first, 4s. 6d. Hobson, Manchester.- Loraine, F. bookseller, first, 59. 60. Baker, Newcastle.- Well, W. brewer, first, 45. man and Co. Coleman-st. sols. Date of fiat, Nov. 12. G. ber of the said Review. And this dept. further Fraser. Manchester.- Parker, C. mercer, second, 3 d. Acra Moore, timber merchant, Norway-wharf, Rotherhitho, saith, that the printing and publishing of the said man. Bristol.- Ridge and Co. bankers, third, 3zd. Whitmore, pct. cr. seventh and twelfth articles of the said fourth number London.-- Rolfe, W. farmer, first, 18. 6d. Turquand, LonPRICE, HUGH PUGHE, linen and woollen draper, Holywell, of the said " Law Review” in the said “Law Times" don.-Thomson, C. stationer, first and final,' is. 10 d. Flintshire, Nov. 28, and Dec. 19, at twelve, Manchester; Morgan, as aforesaid, was also a piracy of this dept.'s said work, Fcarne, Leeds.-Wood, J. banker, further, 4s. Hobson, off. ass. ; Abbott, Charlottc-st. Bedford-square. Liverpool. and Atkinson and Saunders, Manchester, sols. Date of the said " Law Review," and extremely prejudicial ASSIGNMENTS fiat, Nov. 8. s. Watt, J. Watts, and W. Bowdler, mer. to the rights of this dept. And this dept. further To Trustees for the benefit of Creditors. chants, Manchester, pet. crs. saith, that the articles of the said “Law Review" Gazette, Nor. 14. PURNELL, BENJAMIN, dealer in vinegar, late of Rupert-st. so pirated, printed, and published in the said “ Law Larender R. B. tailor and draper, Spalding, Nov. 7. Whitechapel, and now of New-st. 'Turner-st. Stepney, out Times" as aforesaid, contributed greatly to the value Trusts. J. Butters, gent. Spalding, and J. Stableforth. jun. of business, Nov. 28, at two, Dec. 23, at one, Basinghall-st. and importance of the numbers of the said “ Review of the same place, grocer. Sols. Carter and Son, Spalding. Com. Holroyd ; Groom, off. ass. ; Henderson, Mansell-st. in which the same articles appeared, and that the Gazette, Nov. 18. sol. Date of fiat, Oct. 31. Bankrupt's own petition. said defts. have printed, published, and sold very many fordshire, Nov. 7. Trusts. S. Druce, gent. Engham, C. Sheppard. R. W. innkeeper and auctioneer, Ensham, Ox. ROBBINS, CHAUNCERY, and Martin, William Smrtni, merchants, Birmingham, Dec, 1, at ten, Jan. 2, at copies of the numbers of the said " Law Times," con- Jones, wine merchant, Witney, and T. Bishop, wine- txelve, Birmingham; Valpy, oif. ass.; Motteram and taining the articles so pirated, copied, or taken from merchant, Oxford. Sol. Walsh, New-inn, Oxford. Knowles, Birmingham, sols. Date of fiat, Nov. 3. J. Wil. the numbers of the said “ Law Review," as aforesaid, son, gun manufacturer, Birmingham, pet. cr. and have thereby acquired and made very great gains Bankrupts. SCULTORP, Joux, colourman, Brick-hill-lane, Upper and profits, and have thereby considerably lessened Thames-st. Nov. 25, at half-past eleven, Dec. 23, at one, DATE OF FIAT AXD PETITIONING CREDITORS' NAMES. the gains and profits of the said Review, and Basinghall-st. Com. Evans; Johnson, off, ass. ; Messrs. Gazette, Nov. 14. Robinson, Queen-street-place, sols. Date of fiat, Nov. 15. Bankrupt's own petition. damages of this dept. And this dept. saith that pool. Nov. 27, ard Dec. 30, at eleven, Liverpool, Com. SIMPSON, THOMAS, livery stable keeper and coach proall the articles so as aforesaid appearing in the said Phillips ; Morgan, off. ass. ; Cornthwaite and Co. Old prietor, Stourbridge, Worcestershire, Nov. 27 and Dec. 20, “Law Times," and copied or taken from the said Jewry, and Pemberton, Liverpool, sols. Date of fiat, at eleven, Birmingham, Com. Daniel ; Bittleston, off. ass.; numbers of the said “ Law Review," have been in. Nov. 10. Bankrupt's own petition. Hunt and Price, Stourbridge, and Motteram and Knowles, serted in the said “ Law Times" without the con- BOND, WILLIAM HENRY, ale and beer merchant, Bow-lane, Birmingham, sols. Date of fiat, Oct. 21. J. Mantle, innsent, license, permission, or privity of this dept. Cheapside, Nov. 25 and Dec. 10, at one, Basinghall-st. keeper, Kinven, Staffordshire, and W. Titley, blacksmith, Com. Shepherd; Turquand, off. ass. ; Malby and Co. Old Stourbridge, pet. crs. Broad-st.-buildings, sols. Date of fat, Nov. 10. Bank- Vicke&S, WILLIASI, bill broker, late of 12, Moorgate-st. from town, he did not see the numbers of the said rupt's own petition. but now of 4, Carter-st. Walworth-road, Nov. 26, at “Law Tines,” bearing date respectively the said BOORMAN, JOHN LUKE, silversmith, jeweller, and watch- two, Dec. 31, at twe re, Basinghall-st. Com. Evar.s; 20th and 27th days of Sept. 1845, until a few days maker, 13, Neword. Gravesend, Nov. 24, at twelve, Dec. Bell, off. ass. ; Rodgers, King-st. Cheapside, sol. Date ago ; whereupon he instantly applied to his solicitor, 20, at half-past one, Basinghall-st. Com. Goulburn; Fol. of fiat, Nov. 15. M. Taylor, corn dealer, Southwickbut in consequence of the latter, and also of his let, off. ass.; Matthews, Arthur-st. West, London-bridge, mews, Paddington, pet. cr. sol. counsel, being also out of town for the present vaca Date of fiat, Nov. 7. J. Elliott, farmer, Milton WADE, BENJAMIN, tailor and draper, 111, Strand, Nov. 28, tion, he, this dept. has been unable sooner to file his Clayton, George, builder, Queen's-rd. Hornsey-rd. Holnext Gravesend, pet. or. at eleven. Jan. 3, at one, Basinghall-st. Com. Goulburn; bill in this honble, court. Green, off. ass.; Lloyd, Milk-st. sol. Date of fiat, Nov. loway, Middlesex, Nov. 24 and Jan. 3, at one, Basinghall. 13. Bankrupt's own perition. OWEN RICHARDS. st. Com. Goulburn; Follett, off. ass.; Wilson, Gray's-inn, Wilkinson, Tuomas, ironmonger, 77, Quadrant, Regent, Sworn at the public office in Southampton-build sol. Date of fiat, Nov. 11. Bankrupt's own petition. street, and 9, Bathurst-place, Susses-square, Nov. 28 and ings, in the county of Middlesex, this 7th day of Oct. DAVIS, GEORGE, saddler and harness maker, 100, Iligh-st. Jan. 3, at twelve, Basinghall-st. Com. Goulburn; Folleti, 1845, before me, N, W. SENIOR. Southwark, Nov. 26 and Dec. 24, at twelve, Basinghall-st. off. ass. ; Dod and Co. Great Marlborough-st. sols. Date Com. Evans ; Bell, off. ass. ; Buchanan, Basinghall-st. Filed 9th Oct. 1845. of fiat, Nov. 13. C. Dod, Doddington-grove, Newington, sol. Date of fiat, Nov. 11. Bankrupt's own petition. pct. or. EMMINS, JAMES, builder and bricklayer, 3, Princes-rd. Not Meetings at Basinghall-street. THE GAZETTES. ting-hill, Kensington, Nov. 25, at half.past one, Dec. 30, Gazette, Nor. 14. Nov. 11. T. Holmes, builder, Belgrave-street, pet. cr. AMOUNT OF DIVIDENDS DECLARED. Gravesend, Dec. 2, at onc adj. Sept. 5), last exam.-Howell, FROESCHULEN, DAVID, and Price, Sison, tailors, 19, T. hotel-keeper, Queen's Head-passage, Newgate-st. Dec. 5, The rum stated as the Dividend means so much declared in Dover-street, Piccadilly, Nov. 25, at half-past twelve, Dec. at one (adj. Oct. 9), Inst erom. and aud.--Lurton, J. the Pound. The Assignees, when chosen, full this 16, at twelve, Basinghall-st. Com. Shepherd ; Graham, oft. P. linen draper, Munsier-st. and Spring-st. Paddington, statement. ass. ; Pike, Old Burlingtor-st. sol. Date of fiat, Nov. 7. Dec. 4, at eleven (adj. Sept. 16), last exam.- Morton, 1). Saturday, Nor. 8. Bankrupt's own petition. fishmonger, 18, Eastcheap, Dec. 5, at half-past one, div.Dow, J. A. draper, last exam, passed.--Le Jeune, W. R. LANG, Lucy, private boarding-house and lodging-house Pemeller, T. coal merchant, Tysoc-st. Spafields, Dec. 11, at corn-merchant, last czam, passed. kceper, 33, Charter-house-square, and 11, Charter-house- eleven (adj. Sept. 2), last exam.-Rinsom, w.corn and Acur Monday, Nov. 10. street, Nov. 26, at one, Dec. 21, at two, Basinghall-st. Com. merchant, Dec. 5, at one, fin. div.-Thomus, s. bullion Chambers and Co. bankers, joint div. and sep. C. scn. next Evans ; Deane and Co. St. Swithin's-lane, sols. Date of merchant, 21, Cornhill, Dsc. 16, at eleven, div.--Wright, A. week. Groom, London. fiat, Nov. 10. W. Hocker, esq. Euston-square, pet. cr. grocer, Kettering, Northamptonshire, Dec. 5, at eleven, aiv. Tuesday, Nov. 11. LEWIS, HENRY, joiner and builder, Birkenhead, Cheshire, - Young, J. tobacconist and tca dealer, Bury St. Edmund's, Nov. 28, at twelve, Dec. 23, at eleven, Liverpool, Com. Suffolk, Dec. 5, at twelve, div. Phillips ; Morgan, off, asg.; Vincent and Co. Temple, and MEETINGS FOR ALLOWANCE OF CERTIFICATES. Cross, Liverpool, sols. Date of tiat, Nov. 3. Bankrupt's Brown and Brown, ship agents, Billiter-st. Dec. 9, at two.--week. Alsager, London.-Eouns and Co. merchants, final own petition. Connett, W. cabinet maker, Eseter, Dec. 9, at onc.-Daries, Erans, next week. Alsager, London.-Freemun, R. hosier, NEWBURN, Joux, joiner and builder, Oxton, Woodchurch, S. coal merchant, Pimlico, Dec. 5, at one.- Dumbrill, J. N. last exam. passed.-Greenwell and Co. silk warehousemen, Cheshire, Nov. 27 and Dec. 30, at twel:e, Liverpool, Com. jun. baker, Eastbourne, Dec. 9,'at two.-Freeman, R. hosier, joint div. next week. Alsager, London.-Hughes, R. up. Phillips; Cazenove, off. ass. ; Wilkin, Furnival's-inn, sol. Edwards-st. Portman-sq. Dec. 9, at half-past twelve.- Jura holsterer, last exam. Dec. 2.-Kempster, T. Luilder, div. Date of fiat, Nov. 8. R. Aspinall, timber-merchant, Birk. ris and Jurris, wine merchants, Great Bush-lane, Dec. 5, it next week. Jolinson, London.-Manning, S. stonemason, enhead, pet. er. twelve, as to J. Jarvis. - Vucdonald, A. merchant, Leadenlast exam. Dcc. 9.- Paine, G. A. clock maker, last exam. STU, Jonx, wholesale hardwareman and agent, 3, Cres. hall.st. Dec. 5, at tweive.- Viller, A. merchart, Walbrook, sine die.- Robson, W. grocer, dis, next week. Edwards, cent, Jewin.st Cripplegate, Nov. 21, at half-past one, Dec. 9, at one.-Wyatt, T. H. brewer, Banbury, Dec. 9, ai London.--Smith, J. grocer, dis, next week. Edwards, Dec. 20, at half-past eleren, Basinghall-st, Com. Gould twelve. Gazette, Nor. 18. Blok', G. F. currier, Great Dover-st. Dec. 12, at one, STANDEN, THOMAS, brewer and beer seller, Pudding-lane, aud.-Burleigh, W. scrivener, Haverhill, Dec. 11, at Maidstone, Kent, Nov. 21 and Dec. 20, at two, Basing: half-past one, aud.--Cor, J. painter, Quecn':-row, KedWednesday, Nov. 12. hall-st. Com. Gouldburn; Follett, off. ass. ; Bower and pington, Dec. 9, at twelve,' to choose new assignecs. Cozgan, H. D, warehouseman, div. next weck. Johnson, Son, Chancery lane, and Hart, Maidstone, sols. Date of - Dousbery, T. boot-maker, New Farringdon-st., Dec. London.--Gibson, J. oilman, last exam. Dec. 24.- Hodson, fiat, Nov. 8. W. Cobb, maltster, Maidstone, pet. cr. 11, two, aud. -- Flynn, W. G. merchant, Lower J. druggist, div. next week. Bell, London.-Rayner, J. Guzette, Nov. 18. Thames-st. Dec. 11, at cleren, aud.-Knowles, J. Rodutut victualler, last exam. Dec. 10.- Robinson, L. millwright, ABBOTT, SAMUEL, linen draper, Nether Stowey, Somerset- H., Parker, G. R. and King, J. T. silk brokers, Throgdiv. next week. Johnson, London.-Sanders, T. shoemaker, shire, Nov. 28, atone, Dec. 23, at eleven, Exeter, Com. Bere; morton-st. Dec. 9, at one, joint aud. and div. and scp. div. next week. Bell, London.- Warwick, J. merchant, Ilernaman, off, ass. Reed,' Friday-st. Reed or Trevor, of Knowles ---Lockhart, T. and C. florists and seedsmen, last exam. Jan. 14. Bridgewater, and Stogden, Exeter, sos. Date of Lat, 150, Cheapside, and Fulham, Dec. O, et one, div.-Luw, D. Page 19
did not state that it was by mischance. The assess. Hilton v. LORD GRANVILLE.-The Attorney- of demurrer, the following: That the plea ought to ment of any deodand was therefore illegal. (Reg. v. General stated that the Crown was interested in this have stated wbat the proceedings were which were Polwart, 1 Q. B. 818.) Rule granted. action, and would claim a trial at bar. bad upon the said petition, and have shewn that they FIELDING v. DANIELS.-Humfry, Q.C. had ob- were such as were authorized by the said statute, and BUSINESS OF THE WEEK. tained a rule to set aside the ca. sa, issued in this as entitled the said commissioner to make the said Thursday. case under 1 & 2 Vict. c. 110, but the only affidavit final order; and also for that the said plea, if intended Doe dem. BlaneY v. SAVAGE.--Rule nisi for a which he could rely on was objected to by Cowling as for a general plea given by the said 'statute, is not new trial, or why the verdict should not be limited to being entitled George Fielden v. Abraham Daniels, in sufficient, inasmuch as it does not state or shew that lands conveyed by a certain deed. The question stead of John Fielden v. Abraham Daniels. the petition so presented was such a petition, or that which turned upon the facts of the case was, whether Rule discharged with costs. it had annexed to it sach schedule as the said statute a deed of the year 1791 had been obtained by fraud. Hope v. Hope.-Prideaux, for the plaintiff, requires, por does it follow the language of the statute Whateley, Q.C. and Alexander, Q.C. shewed cause. shewed cause against a rule obtained by Willes for in that behalf, and also that it does not conclude to Talfourd, Serjt. Godson, Q.C. and Gray, contrà. judgment as in case of nonsuit. the country. Rule absolute for a new trial. Enlarged for a fortnight, that the parties may Talfourd, Serjt. (Lush with him) in support of the Doe dem. EGREMONT 0. LANGDON.- Except on sellle. demurrer. --The płea is bad, for not following the one point. Cur. adv. vult. Doe dem -- v. ROE.--Gray moved for judgment form given by the 10th section of 5 & 6 Vict. c. 116, Friday. against casual ejector upon affidavit of facts equivalent or shewing with more particularity a compliance with REG. V. CLEASBY. Rule absolute. Judgment. the requisites of the 4th section of that Act. la WILLSON 0. ANDERSON.-The Court said this STREET . Wute.-Francillon shewed cause Leaf v. Robson (13 M. & W. 651), a similar plea to should be turned into a special case. against a rule obtained by Lush for judgment as in the present was pleaded, and held to be bad. The MUSGROVE v. EMERSON. Cur. adr. vult. case of nonsuit. present plea is very different from that in Cook v. Doe dem. RUSHWORTH 7. WILLIAMSON Discharged upon peremptory undertaking. Henson (9 Jurist, 879, and 5 Law T. 391), where this Knowles, Q.C. assented to a verdict as prayed in the SELLERS V. Jennings. Cole shewed cause Court upheld a plea of the defendant's discharge motion for a rule nisi (supra, 100). Accordingly, against a rule obtained by Peacock for setting aside under a final order, for there the plea stated the No rule. the judgment and execution, on the ground that no order to be for protection and distribution, in the REG. v. Corporation of MANCHESTER. notice of declaration had been delivered. words of the Toth section ; but here the plea Special case. Rule discharged. does not allege that an order for distributioa "BRACEGIRDLE v. PEACOCK.--The Court sug SCARFE v. Sir A. L. Hay, Bart.-A rule obtained was ever made, but only an order for the vesting gested that this should be settled between the par. by Lush to set aside judgment and subsequent pro- of the estate and effects in an official assignee. ties. ceedings, on account of summons never having been In order to plead generally under this Act, the Doc dem. COPLEY v. BURRELL. served, and the defendant never having taken part in terms of the 10th section should have been used, Sellled, and rule discharged. the proceedings, was made absolute. Peacock, contrà. which expressly requires the order to be for protection and distribution. The fourth section declares the Saturday. final order to be for vesting the estate and effects in HARRINGTON v. Henson. Cur. adr, vult. COURT OF COMMON PLEAS. an official assignee, together with a creditor's asREG. 0. THE COMMISSIONERS OF STAMPS AND signee. This plea is bad, because it does not shew TAXES. Cur. adv. vult. Friday, Nov. 21. that there ever was such a final order made as the Doe dem. - D. SAMPSON.-On the motion of GILLAN ». DEARE. Act required ; for it states that no assignee was apHurlstone, this rule is oot to go into the new trial To a declaration by indorsee against the acceptor of a pointed by the creditors, and therefore the order paper. bill of exchange, the defendant pleaded, that the pleaded is not the order for protection and distriMonday. defendant not being a trader, under and according bation given by the Act. In Nicholls v. Payne WALTERS v. WAALLEY.-Upon the motion of to the directions of the statule 5 & 6 Vict. c. 116, (8 Scott, N.R. 732), it was held that the plea ought the defendant in person, “ It is ordered that all the duly presented his petition for protection from pro- to shew that the final order was for distribution as premises taken possession of by the plaintiff under the cess to the Court of Bankruptcy, and that a final well as for protection. The plea, moreover, is bad ; for writ of elegit issued in this cause, and filed of record, order was made by E. D. esq. one of the commis. the objection pointed out in the special demurrer be forthuilh delivered up to the said defendant." sioners duly authorized in that behalf, for the pro. that it does not conclude to the country. This is an By the Court. tection of ihe person of the defendant from process, objection which in the cases before decided on this BLAND v. Dax, and Reg. 0. Dobson. and for the vesting of the estate and effects of the de- description of plea has not been taken ; but it is sub Rule discharged. fendant in T. B. one of the official assignees of the mitted that by analogy to the general plea of bankJONES r. CARTER. Rule absolute. said Court of Bankruptcy; and further, that no as. ruptcy under the bankrupt Acts, which it has been held Reg. c. BLUCK, and REG. V. JUSTICES OF Mid. signee was appointed by the creditors of the defend ought to conclude to the country, this should do so DLESEX. Rules nisi. ant, whereby the defendant was discharged from the likewise. Upon this point the following cases were WEBB 0. HENZELL, aod Reg. v. Town Hol said bill of exchange, and thal the said order still re. cited : Sheen v. Garreit (6 Bing. 686); Miles v. WilRules absolute. mained in full force-rerification ; Held, on special liams (1 P. Wms. 249, and 10 Mod. 160); Wilson v. The above cases will be reported next week. demurrer, that ihe plea rightly concluded with a veri- Kemp (2 M. and S. 549). Tuesday. fication. Held, also (Erle, J. dissentiente), that the Channell, Serjt. contrà.—The intention of the legisRe JOHN BLAGG.–Pashley moved for a writ of said plea was bad, for not following the terms of lature was, is a party should be sued, after having 'habeas corpus to bring up the applicant, who was in 5 & 6 Vict. c. 116, s. 10. vested all his estate and effects in an assignee under custody under a commitment by the Commissioners Semble, that the final order for protection and distri. this Act for the benefit of his creditors, he should be of Stamps and Taxes, on the ground, Ist, that the bution may be a good plea in bar, though no credi- relieved by pleading the final order for protection applicant had not been summoned before the Com. tor's assignee has been appointed. given him by the commissioner. The insolvent was missioners. (Painter v. The Liverpool Gas Company, Quære, if the 10th section requires the word " distribu. equally intended to be protected whether there were 3 Ad. & E. 433; Harper v. Carr, 7 T. R. 270); tion" to be introduced in a general plea under that creditors' assignees appointed or not, if the estate of secondly, that he names of the commissioners did not section, the insolvent was vested in an official assignee named appear in the body of the warrant; and, thirdly, that Assumpsit by the indorsee of a bill of exchange by the commissioners. Such an order would be an it did not appear that the applicant had neglected to against the acceptor. order for distribution meant by the 10th section, and comply with the demand of the commissioners The defendant pleaded that after the acceptance of that section does not require the defendant to use its " throughout the space of ten days.” (Lord Shaftes. the said bill of exchange in the declaration mentioned, precise words ; besides, if so, the omission of the vury v. Russell, 1 B. & C. 666.) and after the same had become due and payable, and word “distribution” is not pointed out as one of the Writ granted, returnable at chambers. before the commencement of this suit, to wit, on, &c. grounds of demurrer, and the plea is in that respect REG. 1. TAE JUSTICES OF SURREY. the defendant pot being a trader within the meaning substantially good. As to the objection, that the plea Rule enlarged. of the statutes in force relating to bankrupts at the should conclude to the country, the cases which de. Reg. v. Phillipson.-Keating moved for a certi- time of making and passing the Act of Parliament cided that a general plea of bankruptcy must conclude orari to remove a road indictment, which had been hereinafter mentioned, and having resided twelve ca. to the country do not apply; for the plea of bankpreferred at quarter sessions, into this court, on the lendar months within the district of Birmiogham, ruptcy under the 6 Geo. 4, c. 16, was considered the ground that difficult questions of law would arise. under and by virtue of, and according to the directions same as the general issue ; and the words also of the By the Court.-The case may be very well disposed and provisions of a certain statute made and passed 6 Geo. 4, c. 16, s. 126, are different from those of of at sessions. Rule refused. in the sixth year of the reign of our lady the now this statute ; they are, that the bankrupt may plead CHAPMAN r. CLAY.-Hugh Hill shewed cause Queen, entitled “ An Act for the Relief of Insolvent in general; but the oth section of this Act says it against a rule for a new trial obtained by Pashley, on debtors," duly presented his petition for protection shall be a sufficient plea in bar. A plea in bar must the ground that the cause had been set down and from process to the Court of Bankruptcy for the Bir state certain matters, and as this plea contains new tried as undefended, although it was well known to mingham district, in the county of Warwick, which matters, and does not traverse any thing alleged in the plaintiff that there was a substantial defence. The said petition was forthwith afterwards, to wit, on the the declaration, it rightly concludes with a verificase turned upon the affidavits. Pashley, in support day and year aforesaid, filed of record in the said cation. of the rule. Rule absolute. Court of Bankruptey. And the defendant further Talfourd, Serjt. replied. FOSTER v. THE BANK OF ENGLAND.-The Soli. says, that such proceedings were had in the said TINDAL, C.J.-It appears to me that the plaintiff citor-General and Sir John Bayley shewed cause.- District Court of Bankruptcy upon the said pe- is entitled to judgment on this special demurrer, inPearson, in support of the rule. Cur, adv. rult. tition of the defendant, that afterwards and be asmuch as the form given by the 10th section of the FAIRHEAD 0. BissetT.-Robinson shewed cause fore the commencement of this suit, to wit, on, Act has not been complied with, and therefore the against a rule obtained by Knowles, Q.C. (supra, &c. a final order was made by Edmund Robert plea is bad. The plea is clearly not under the 4th 101) for a new trial. Rule absolute. Daniell, esquire, one of the Commissioners of section of the Act, because then it would be requi. The Attorney-General made the usual motion that the said District Court Bankruptcy, duly autho- site to state all the facts with particularity, by which all parties be continued on their recognizances. rized in that behalf for the protection of the person it might appear whether the petitioner or any cre. ALLEN v. HAYWARDE.-The Altorney-General of the defendant from process, and for the vesting of ditor was examined before the commissioner, and asked the Lord Chief Justice if he would consent to the estate and effects of the defendant in Thomas whether any assignees were chosen, and what were decide as to the points reserved in this case, as the Bittleston, one of the official assignees of the said the several other facts and proceedings which had parties could not agree, to which his lordship as. District Court of Bankruptcy. And the defendant taken place upon the petition, until the giving of the sented. further says, that no assignee was appointed by the final order. Then if the plea is not under the 4th FORD v. HUNTER.-A rule had been obtained by creditors of the defendant, or by any of them, whereby section it must be under the loth section. That . Lee to set aside a warrant of attorney for a defec- and by force and virtue of which said order, the de- section states that it shall be a sufficient plea in bar tive stamp, and upon affidavits. It appeared that it fendant was discharged of and from the said bill of of the action that such petition was duly presented, had since been duly stamped, and the affidavits were exchange and cause of action in the said declaration and a final order for protection and distribution made answered. Rule discharged. mentioned. And the defendant further says, that the by the commissioner duly authorized. Now all that WALFOND O. ADLINGTON.- Crowder, Q.c. was said order and discharge still remain in full force.- this plea states is that the defendant duly presented beard against the rule. The Solicitor. General in sup. Verification, his petition, and that a final order was made by the port Referred to the Master. Special demurrer, assigning amongst other causes commissioner duly authorized in that beball for the Page 20
Rule refused. after the third column, stating the nature of the an inmate of the Shrewsbury Hospital, Sheffield, ire LEWIS •. LORD KENSINGTON. – Sir Thomas qualification, the heading of the fourth column is the county of York. The establishment of the hosWilde shewed cause against the rule for setting aside Street, lane, or other like place in this parish, pital took place about the year 1673, and was founded a warrant of attorney. Talfourd and Byles, Serjts. where the property is situated, and the num. under the will of Gilbert Earl of Shrewsbury by (Peacock with them), in support of the rule. ber of the house, if any;" to which these words Henry Duke of Norfolk, and in the year 1680 the Cur. adv, rult. are added in italics — " where the right de. duke conveyed certain laods to trustees for the mainWAREHAM V. PRANCE. – Byles, Serjt. sbewed pends on property;" meaning, therefore, that the tenance of the hospital, according to the constitutions cause against two rules for commissioners to examine third column, as calling the attention of those who are made for its regulation, and that trust deed still rewitnesses. Sir Thomas Wilde (Lutryche with bin), to be the objectors, or those who are to act upon it, to mained in force. The hospital had been also further in support of same. Rules absolute. the last columo, in which the party claims the right regulated by the private Acts of 11 Geo. 1, 10 Geo. 3, Rule absolute. that it is to be some kind of rubric, or direction, and hamshire. The constitution provided that the in- NEALE v. SNOULTEN.-Dowling, Serjt. moved for where the general nature of the qualification is one each, together with the yearly allowance of two wain. Rule nisi. tion to the other lists of voters, that the overseers are were to be made out of the moneys in the treasureCocks v. LONSDALE.-Channell, Serjt. moved for required to make out for any of the by-gone rate still house by the governor and his assistants; and it was a rule to shew cause why the entry of the plaintiff's existing, and whilst the parties enjoying them are still provided that the gowns should be handed down in book in the book of registry of copyrights should in full life. That being the case, I consider the third succession, and two shirts given in the year when not be expunged, or the plaintiff restrained from column to be satisfied, by stating that this is a bouse there were no gowns. Each inmate was made using the same at the trial. Cases cited : Chappell qualification, and the fourth column is quite cor. liable, for a first, second, and third offence, to be *, Purday, 12 M. & W. 303 ; same case,_14 Law J. rect, by stating that this is a house qualification, fined, and afterwards to expulsion, who was guilty of N. S. 258; and Boosey v. Purday, in Exchequer, and that not in respect of one single house, but certain immoralities--such as swearing, getting 24th November instant. Rule nisi. of two houses that have been occupied in succes. drunk, &c. or otherwise misbehaving himself. There sion; and one cannot suppose that the third column was a provision that when the yearly balance in the REGISTRATION APPEALS. was intended to be as precise as the fourth ; for if treasury exceeded 1001. the surplus should be dis that be so, where was the necessity of the fourth tributed amongst the inmates. The private acts CITY OF LINCOLN. column ? It seems to me that the case which before referred to modified the constitution, first, by HITCHINS, Appellant; and BROWN, Respondent. bas proceeded on the decision of this Court in the case giving power to the trustees to increase the number Where the 4th column of the form No. 6, sch. B.6 Vict. of Bartlett v. Gibbs, has not applied itself to the real of the inmates, and, baving regard to the revenues of c. 18, contained the description of the houses occupied ground on which that judgment rested, which was all the hospital, to pay them such fixed stipends as they , whereas the the hospital revenues arose out of the property in for the six months preceding the house in East-street, ral fund for the expenses of the establishment. There The case stated that the notice of claim given by so that the fourth column did not describe the real never had been known an instance of dismissal of an the claimant to the overseers of the parish referred to house of the voter, and therefore the revising barrister inmate. The appellant received a fixed stipend of the usual underwritten table, as containing the par. had no right to give him the power of voting in re- 10s. per week in addition to the proper allowance of ticulars of his qualification, in the 3rd column of spect of a qualification that could not be a qualifica- coals and clothing. If this weekly sum and the which he stated the nature of such qualification to be tion. That case was rightly decided, and wo decide average annual value of the said allowance were con, “ bouse," and in the 9th column the situation of the this case also rightly, by holding the description in sidered to arise from the whole of the real estate, and property was described as “No.54, Much-lane, Saint the third column as a sufficient compliance with the to be apportionable between the two counties accordPeter at Arches, Lincolo, and previously in the occu- Act of Parliament. One must suppose, and one is ing to the relative value of the estates in each, the pation of a house, No. 21, Saint Mary's-street, in bound in ordinary charity to suppose, the objector to amount of the Nottinghamshire proportion was of sufthe parish of Saint Mary-le-Wigford, Lincoln.""' It be a man of ordinary intellect, capable of walking ficient value to give the vote ; but without the coals was proved that the claimant bad occupied the houses about without assistance, and capable of reading; and aud clothing it was not sufficient, and the weekly described in the latter column in immediate suc- if he looks to the third and the fourth columns, it is allowance of 35.6d. was insufficient in any case, as "cession; and the objection taken by the appellant utterly impossible for him to misunderstand them. it would also be if the junction of the properties in was, that there had not been a sufficient description The other judges delivered similar judgments. the two counties were not allowed. The objections of the property for the purpose of identification. Decision of revising barrister affirmed, with costs. raised were, first, that the appellant had no life in. The revising barrister decided against the objection, terest; secondly, that it did not appear that he had but altered the statement in the 3rd column to "houses NEWTON, Appellant, and the OVERSEERS OF any legal or equitable estate in lands in Nottingham. occupied in immediate succession." MOBBERLEY, Respondents. shire; thirdly, that the junction of the two descripManning, Serjt. Bartlett, app. and Gibbs, resp. (5 Where un appeal has stood over for the production by tions of property in Nottinghamshire ought not to be M. & G. 81) is in point. In that case it was decided the appellant of an offidarit of service of notice allowed, being singly insufficient; fourthly, that the that the omission in the third column of the houses upon the respondent, the Court will allow time to give right to receive the hospital stipend and allowance held in succession was fatal, and that the revising the required notice on its appearing that the conduct gave no equitable estate in the real property, and barrister had no power under the 40th section of 6 of the respondent has prevented the affidavit from that, at all events, the coals and clothing could not Vict. c. 18, to supply the omission. The description being made. be taken into account in calculating the requisite of the premises occupied in succession in the fourth In this case time had been granted by the Court to value. column cannot be taken to be the description re- the appellants to produce an affidavit of service of The revising barrister decided in favour of the obquired by the form No. 6, Schedule B, of the Regis. notice to the respondents under the 64th section of jection on the second and fourth grounds, and extration Act. [TINDAL, Č.J.-The difference in this the the 6th Vict. c. 18. punged the claimant's dame. case is that the qualification is described, although in Cockburn, Q.C. for the appellants, now stated the Mellor, for the appellants.-The first point is, the fourth column, wbereas in Bartlett v. Gibbs it inability of the appellant to make such affidavit, and whether or not these parties had a freehold life estate nowbere appeared.). That would make no difference ; produced another sworn to by the managing clerk sufficient to confer a vote for the county. Simpson a party is bound to follow a statutory direction in the of the London agent of the appellant's country at. app: and Wilkinson resp. (Lutwyche's Reg. Ca. 160) form given, and here there is a non-compliance with torney. This affidavit stated that on the 3rd of No- decides that they bad. [MAULE, J.-That point is the requirements of the statute. The revisiog bar- vember the London agent had been directed to enter not raised before us on the case.] The appeal then rister, in this case, had no power under the 40th sec. the appeal, and was at the same time informed that the will turn on the second and fourth objections. The tion of 6 Vict. c. 18, to make any alteration in the respondent's attorney had consented to erase the second objection is, that if the appellant had a life third column to the extent of supplying a qualification notice of the appellant's intention to prosecute the interest, it was not proved that he had any legal or omitted by the claimant. appeal. It also stated that on the 17th of November equitable estate in the county of Nottingham. The Clarke, Serjt. for the respondent, not called upon. the London agent wrote to the country attorney to barrister has expressly found if the rent paid into TINDAL, C.J.-It appears to me that the descrip- say that no person bad appeared for the respondent. one general fund from the two counties was appor. tion was proper as it originally stood, and that it That on the 19th of November he received a letter tioned, there would be sufficient to give the appellant complies with all the requisites of the Act. The de- in reply from the country attorney, stating that the a qualification in Nottinghamshire. The fourth scription depends on the construction of the 15th sec. respondent's attorney bad been written to on the sub- objection was answered by the fact that it does not tion of 6 Vict. c. 18, and also the form which is set ject, and expressing bis surprise that counsel had matter whether the money be received or the money's out ig Schedule B, No. 6. The 16th section enacts not been instructed, as had been agreed upon, by the worth. The power of the trustees, as to the amount " that every person whose name shall have been latter. of the stipend, was not arbitrary, within the omitted in any such list of voters for any city TINDAL, C.J.-We cannot interpret this as a priociple laid down in Daris app. and Waddington or borough so to be made out as aforesaid, waiver of the notice. Under the circumstances, how- resp. (Lutwyche's Reg. Ca. 159). It is in fact a and who shall claim, as having been entitled on ever, the case may stand over until next Term, in fettered discretion, and in case of abuse the Court the last day of July then next preceding, to order that proper notice may be given. of Chancery would interfere, and refer it to the kave his name inserted therein, and every person trustees to act according to the exigency of the case. desirous of being registered for a different qualifica COUNTY OF NOTTINGHAM NORTHERN Byles, Serjt.—The last question is the really imtion than that for which his name appears in the said DIVISION. portant one. The claimant had no right to more list, sbal), on or before the 25th day of August in that ASHMORE, Appellant, and Lees, Respondent. than 3s. 6d. per week, and if to that sum were added year, give, or cause to be given, a notice of claim ;" Where land is left for the support of an hospital, and the value of the coals and clothing, there would not and it directs the claim shall be made out in the form the Act governing the affairs of the charity fixes the be sufficient to confer a vote. The constitution of the and to the effect that is given in No. 6. Now then, minimum of allowance to each inmate of the hospital hospital allowed a discretionary amount of stipend, so on looking at the form, it appears to me to be quite at 38. 6d. per week, although the weekly stipend is that it were not below 3s. 6d. and it could not, there. clear that the third column, on which the argument has subsequently increased to 10s. per week, owing to the fore, be said that the inmates bad a certain estate tursed, is intended to point out the general nature of improred value of the property, yet such inmate has above that sum. On the question of adding the value the qualification ; and that the fourth column, that not a legal or equitable estate of sufficient value of the allowances to the stipend, it was submitted follows immediately, and is in a manner subjoined to to confer a rote for the county. that the inmates had merely the usufruct in the it, is only a more particular exposition of the third In this case, which was an appeal from the decision gowns, and, therefore, that the other side could not column. That such is the case pears, I think, of the revising barrister for the northern division of avail themselves of them. from the heading in No. 6, given in that schedule, for Nottinghamshire, it appeared that the claimant was Stopped by the Court. Page 21
me that the first protection was valid; but I think. His lordship to-day said, I have since seen the of a nonsuit, for not proceeding to trial. Whitmore, that it was intended that, after the second meeting, Lord Chief Justice on the subject of the cases in the contrà. the protection should only be valid as against those Common Pleas, and he informs me that they did not Rule discharged on a peremptory undertaking to creditors who had notice. The rule therefore must be intend to extend the rule to all affidavits, but only to try at the next assizes. discharged, but as there certainly is some doubt in those under the statute for taking acknowledgments Doe dem. -0. PRESTON.- Rew moved to set the matter, without costs. of married women, in which case my lord thought aside the award herein, on the grounds that there was Rule discharged without costs. the usual rule might be relaxed. a mistake apparent on its face, and that the arbitrator Swann subsequently applied to enlarge the rule had omitted to decide one of the questions submitted Tuesday, Nov. 25. until next term, in order to obtain a better affidavit. to him. (Kemp v. —, 3 East; Jones v. Corry, (Before Mr. Justice PATTESON.) Rule enlarged. 5 Biog. N.C. 187; Doe dem. Beauman v. Levis, MATTHEWson and ANOTHER V. BAISTON. 13 M. & W. 241.) Cur. adv. vult. An affidavit describing deponent as James Wright, TOWNSEND and ANOTHER V. SMITH.-Fitzher. BUSINESS OF THE WEEK, of No. 8, Nexo Inn, Strand, in the county of bert moved to strike out the demurrer herein, as Middlesex, agent for the defendant in this cause," is Thursday. Rule nisi. Rule nisi. obtained by the plaintiff before the Undersheriff of Borili shewed cause against a rule for judgment, Dowdeswell moved to strike out certain pleas in a Westmoreland, and for a new trial. Dundas, Q.C. as in case of a nonsuit, for not proceeding to trial, case which he mentioned. in support of the rule. Rule absolute.. and he took a preliminary objection to the affidavit Rule nisi, to show cause at chambers. WALKER v. THE LONDON AND BLACKWALL on which the rule was obtained, namely that it gave Jones v. Brown. His lordship having conferred RailwAY COMPANY.-H. Hill shewed cause against no description of the deponent, the affidavit stating with the other judges upon the case cited herein from a rule for a mandamus commanding the company to the deponent as “James Wright, of No. 8, New the Law T. said, that the rule must be refused. pay Mr. Walker the costs of the first and second asInn, Strand, in the county of Middlesex, agent for Wood v. LORD PORTARLINGTON.- Wordsworth sessment of compensation for damage done to his the defendant in this cause," and he contended that moved for a rule calling upon an attorney to shew cause property by their works, and the costs of verifying this was insufficient, as the affidavit should have shewn why he should not be struck off the roll for soliciting a had not proceeded to get his costs taxed as pointed him to have been an attorney, since he may have witness, and offering bim 101. to give false evidence in been a grocer, or any other tradesman, for any thing a cause tried at the last Essex assizes. Stephen v. out by the company's Act, the 6 & 7 Wm. 4, c. 123 appearing to the contrary, and it could not be in: Hill (10 M. & W.) Rule nisi. (local and personal), the rule was ferred that he was the legal agent of the defendant Discharged without costs Ex parte COLLINS.-Horry moved for a rule in the cause. Jervis, Q.C. and James, contrà. for and take further evi- Monday. term "agent" must mean the London attorney ; DOE dem. THE DUKE OF CAMBRIDGE v. Roe. CROFTS v. OSBORN. Whitehurst, Q.C. moved that the term is well known and recognised io legal Willes moved for judgment against the casual ejector for a rule to set aside the fi. fa. herein, and for a rematters, and as the affidavit is sworn in London on a special affidavit. Rule nisi. there could be no possible misapprehension. HALL v. BAINBRIDGE and ANOTHER.-Martin, Reg. v. The BRISTOL AND GLOUCESTER RAILPATTESON, J.-I think I must take this to be the Q. C. shewed cause against a rule for an attachment WAY COMPANY,-Francillon moved for a rule for a London agent in the cause. It certainly would not for pot producing a letter to be stamped pursuant to mandamus commanding the above company to issue do if the affidavit had been sworn in the country; but a rule of Court. their warrant for the assessment of damages in re. we know what the practice is, and that the attorneys Whitehurst Q.C. and Cowling contrà, to stand over spect of injuries done to the property of Mr. Clitt, in in the country have agents in town. The sense of with the riew to an arrangement. and near Stroud. Rule nisi. the thing is evidently the London agent. Fight v. Nicholson.- Whitehurst, Q. C. Wood v. RocHFORD and OTHERS.--Keeting apBovill then shewed cause on the merits. shered cause against a rule to review the Master's plied for a rule calling upon the plaintiff or his town Rule discharged on a peremptory undertaking to try. allocatur, or to amend the rule. Hoggins, contrà. agent to deliver up to the defendant or the Recorder Rule absolule, on terms. of Oxford the writ of trial herein. Rule nisi to shew cause at chambers. A British consul abroad has no authority to take on for habeas corpus and certiorari, in order that this NICHOLLS 0. BLACKBURN.-Sir John Bayley affidavit, except in cases in which a justice of the party who is now in custody in Warwick gaol by moved to amend this rule, and also to enlarge it until peace, or notary, might take it in this country. virtue of the coroner's warrant, on a charge of man- next Term. Application granted. This rule, however, is relared in cases of acknowledg. slaughter, might be admitted to bail. BOTTOMLEY 0. BUCKLEY.--Watson, Q.C. moved ments by married women taken under the 3 8 4 Application granted. to set aside the award herein, on the ground that the Wm. 4, č. 74, in which cases an affidarit so taken ALLCOCK 0. BOTTOM.-Breynton shewed cause arbitrator had exceeded bis powers in awarding on will be received. against a rule for judgment as in case of a nonsuit matters not within his jurisdiction. Rule nisi. Suann, having on a former day obtained a rule nisi to for not proceeding to trial. Wordsworth, contrà. Reg. r. Thompson and ANOTHER, JUSTICES OF sue out a sci. fa. on a judgment more than fifteen Rule discharged on a peremptory undertaking to YORKSHIRE.-Hall moved for a mandamus directing years old, now applied to make the same absolute, no try before the under-sheriff at the next court.day two magistrates of the west riding of Yorkshire to cause being shewn. He moved on two affidavits, one but one. direct an indictment to be preferred under the 95th of which deposed to the due service of the rule nisi on Ex parte Critchley.-Petersdorff moved to which stated that the service of the rule on the other ground of illegality. one of the defendants in England, and the other, set aside the warrant of attorney Werein, on the section of the Highway Act, 5 & 6 Wm. 4, c. 50. Rule nisi. Rule nisi. WILLIAMS v. WELSK.-Swann moved for a sci. defendant took place in Paris, where he was living, NICHOLLS 0. 'BLACKBURN.--Sir John Bayley fa. to revive a judgment. One of the defendants reand which affidavit was sworn before the British moved for a rule calling upon James Warren, one of sides in Paris, and the affidavit in respect to him was consul in Paris, whose signature and seal were veri- the officers of the sheriff of Yorkshire, to shew cause fied by a clerk in the Treasury in England. why he should not refund to the defendant the residue sworn before the British consul there, and verified by a party here. Patteson, J.-There is the case of Le Veux vi of the money levied under the execution beyond the Cur. adv. vult. Berkeley (2 Dowl. & Low. 31) in which it was held debt, costs, and expenses, and why an attachment REG. v. THE JUSTICES OF NORFOLK.-Metcalfe moved for that an affidavit so sworn could not be received. cerlivrari to bring up an order of reshould not issue against him for taking greater fees moval, and also an order of sessions confirming same, Swann.—That case was decided upon the authority than allowed by the i Vict. c. 55, and the rules in order that the same might be quashed for defects of Ex parte Hutchinson (4 Bing. 606); but since this framed thereupon. (Slabe v. Haynes, 7 M. & W. apparent on the face of the order. latter case there have been two cases in the Common 413; Phillips v. Lord Canterbury, 11 M. & W. 619.) (Rex v. Jukes, Pleas, in which such affidavits have been received ; 8 T. R. 542.) Rule nisi. Rule nisi. BARNES V. WRIGHT.- Wise moved to make this ersgill (6 Man. & Gr. 250.) The Court of Chancery a rule for setting aside the verdict berein, and for a Rule absolute. in Mr. Dyce Sombre's case received affidavits so sworn new trial. Charnock, contrà. Rule discharged. without any objection. There is no municipal officer Reg. v. Dobson, Knt. and OTAERS.-Chambers, in Paris who can take an affidavit from a foreigner, Friday. Q.C., Keane, Pigott, and H. Hill shewed cause and there would be no other means of getting the STROUD V. TEMPERLEY.--Gunning moved for a against this rule, which was to enlarge the time for service of the rule effected and verified, except by a rule to set aside the appearance and all subsequent removing a nuisance on the river Themes. Jones, special messenger. proceedings with costs for irregularity, the irregu- Serjt. and Baddeley, contrà. PATTESON, J.-I do not see how the consul in this larity consisting in the variation in the name of the Rule discharged; the sheriff to abate the case could have any authority to administer an oath. plaintiff and defendant in the writ and appearance. nuisance. The 6 Geo. 4. c. 87, gives him power only in such Rule nisi. Reg. v. THE CLERK TO THE GUARDIANS OF cases as a justice of the peace would have it, and here PHILLIPS 7. PRICE, esq.-Chilton, Q.C. moved THE WINSLOW Union. - The Attorney-General he would have no such power. for an attachment against a party for not appearing (Tomlinson with him) moved for a mandamus ordering Swann. - I do not contend that such is not the at the last Brecon assizes as a witness pursuant to the above party to produce his accounts, in conformity proper construction of the statute, but this is an his subpæna. Rule nisi. with the 7 & 8 Vict. c. 101, s. 32. Rule nisi, application under the peculiar circumstances of the Ex parte Joseph WATSON.-Hill, Q.C. and WYATT v. RochBOURNE. Sir John Bayley case, and it is only necessary to satisfy the Court that Peacock, shewed cause against a rule for a mandamus shewed cause against this rule to set aside an outthe party has really been served. There is the autho-commanding the steward of Weedon Becke, in North- lawry. Barstow, in support. Rule discharged. rity of the Common Pleas, which received such an amptonshire, to enrol a surrender of copyhold lands. TOWNSEND v. Smith.-Rawlinson shewed cause affidavit, when sworn before our consul in Russia, and Mellor, contrà. It appearing, however, that the suralso the practice of the Court of Chancery. render was taken by a party not legally qualified to against the rule for setting aside a demurrer as frivolous. Fitzherbert in support. Patteson, J.-I do not see how any practice can take it, the rule was Discharged with costs. Rule absolule. give a person an authority to administer an oath. ERPE v. EARL FERRERS.-Robinson shewed cause Ex parle Woon.-Humfrey, Q.C. shewed cause The party could cross over the water and make an against a rule for judgment as in case of a nonsuit for against a rule calling upon the steward of a manor affidavit here. It certainly may be a matter of con- not proceeding to trial. Barstow, contrà. to admit a copyhold tenant. Whitehurst, Q.C. convenieoce to have the affidavit taken there, but how Rule discharged on a peremptory undertakiug to trà. His lordship directed the rule to be made would you indict for perjury? Have you any case in try at the sittings after Term. absolute, in order that the question might be argued which the Court of Chancery has had its attention CAMPBELL and ANOTHER o. Reg. (in error). - on the return. Rule absolute. drawn to the 6 Geo. 4, c. 87? The Common Pleas Peacock moved for a concilium herein. LISTER v. LEESON.-Martin, Q.C. shewed cause appears to bave acted chiefly on the 3 & 4 Wm. 4, Application granted. against the rule herein for setting aside the verdiet 6.74! This is a strong measure, as according to this an affidavit may be taken before a consul any Doe dem. WILLIAMSON and ANOTHER v. Roe. and entering a nonsuit. (Thomas v. Cook, 3 M. & W. where; and if the necessity of the case is to be a support. -Hayes shewed cause against this rule. Lush in 328, 2 B. & Ald. 119, 13 M. & W. 235.) E. Yardley, Rule absolute. reason, why you could have an affidavit taken by a captain of a ship. KENDRICK V. RICHARDS.-T. W. Saunders shewed Reg. v. The JUSTICES OF DEVON.-Greenwood Cur, ado, vuit. cause against the rule berein for judgment as in case moved for a rule for a mandamus commanding the Page 22
Groom, off, ass.; Goren, South Molton-st, sol. Date of vener, Newcastle-upon-Tyne, Dec. 16, at twelve, Newcastle, Robbins, J. jun. assistant to a victualler, Clatertoa, et fiat, Nov. 19. Bankrupt's own petition. first and final div. Stony Stratford, Dec. 2, at half.past eleven.-Smith, WARREN, Jonn, eurgeon dentist, 32, George-st. Hanover- MEETINGS FOR ALLOWANCE OF CERTIFICATES. assistant to a cheesemonger, Sols-row, Hampstead.ra square, Dec. 2, at twelve, and Jan. 9, at eleven, Basinghall-st. Com. Fane; Whitmore, off, ass. ; Buchanan, Crabb, J. hemp manufacturer, Chardstock, Dec. 18, at Bedford-row, Dec. 4, at eleven. — Tuppeir, C. suriga, Basinghall-st. sol. Date of fiat, Nov. 22.' Bankrupt's one; Exeter... Davies, T. merchant Liverpool, Dec. 12, at Brighton, Dec. 4, at eleven. own petition. twelve, Liverpool.-Glover, E. publican, Stoke-upon-Trent, Dec. 23, at half past eleven, Birmingham. COUNTRY. WOODnAMS, JOSEPH, plumber, painter, and glazier, oil Brimfield, C. out of business, Carpenter-st . Hannes and colourman, and builder, 47 and 60, High-st. Port Gazette, Nov. 25. , land-town, Dec. 9, at two, and Jan. 16, at eleven, Basing Hereford, Dec. 17, at eleven, Birmingham, aud. and fin: diy: Bristol, Dec. 15, at eleven, Bristol.--Garbett, J. stope na Ashbarry. J. farmer and timber merhant, Holm Lacy, Dec. 5, at eleven, Bristol.-Crocker, A. F. lag-statione hall-st. Com. Holroyd ; Groom, off. ass.; Chamberlayne, Great James-st. Bedford-row, sol. Date of fiat, Nov. 21. -- Barry, E. victualler, Bristol, Dec. 22, at eleven, Bristol, son, Kidderminster, Dec. 1, at ten, Birmingham. – Herby, Bankrupt's own petition. aud.—Brown, W. and Preston, T. jun. cotton spinners F. carver, West-st. St. James's, Dec. 8, at eleven, Brista." Meetings at Basinghall-street. chester, joint aud.' and sep. of Preston, and Dec. 17, at Hill, w. jan. locksmith, Clevedon, Dec. 9, at twelve Brian twelve,'joint div. and sep. of Preston.-Carruthers, J. linen Manchester.-Kear, C. J. G. innkeeper, St. Briares, Deere , -Kay, T.H.cotton waste dealer, Rochdale, Dec. 8, attreze Gazette, Nov. 21. and woollen draperand teadealer, Blackburn, Lancashire, Dec. at twelve, Bristol.-Laycock, W. tailor, Blackburn, Dec. 9 Chapman, R. J. market-gardener, Bedford New-rd. Clap- 16, at twelve, Manchester, to aud, and Dec. 17, at twelve: at twelve, Manchester.-Lewis , J. milkman, Basses, ham, Dec. 17, at half-past one, aud.—Cockburn, J. mer div.--Courtney, J. banker, Bristol, Dec. 18, at twelve, Bris. Dec. 2, at eleven.-Murphy, P. clothes dealer, Mezeteket , Currie, J. and Seignette, L. E. merchants, 26, Mincing-lane, builder, Park, near Cardiff, Glamorganshire, Dec. 16, at one, Bolton, Nov. 28, at twelve, Manchester. --Weeks, C. berita Dec. 12, at one, joint and sep, divs.-Gale, J. gen. and J. Bristol, to aud. and Dec. 119, at twelve, div.May, J; W. maker, Coldhorne, Wiltshire, Dec. 9, at eleren, Bretel jun. ropemakers and paint and colour manufacturers, Love- baker, Bristol, Dec. 16, at eleven, Bristol, aud. -Raleigh, J. Yoalten, W.J. assistant grocer, Bristol, Dec. , at deren , lane, Shadwell, Dec. 13, at two, joint div.-Gibson, 'J. oil. Goode, T. S. and Halland, W. merchants, Manchester, Dec. man, Motcombe-st. Dec. 24, at one, aud.-Harvey, c. S. 18, at twelve, to aud, and Dec. 19. at twelve, div.-Schofield, dressmaker, 5, George-st. Hanover-eq. Dec. 16, at half.past J. woollen manufacturer, Rochdale, Dec. 9, at twelve, Man MEETINGS AT BASINGHALL-STREET. one, div.- Hawkins, c. grocer, Brick-lane, Dec. 23, at chester (adj. Nov. 12), aud. -Scowcroft, J. scrivener, Havertwelve, aud.— Mill's, W. H. wine and spirit merchant, and fordwest, Dec. 18, at eleven, Bristol (by order of the Court Gazette, Nov. 18. Alman, L. musical instrument seller, Bristol, Diec, wine cooper, Mark-lane, Dec. 12, at half-past one, div. of Review, Nov. 1, 1815), last exam. and aud. --Shanklin, R. Smith, W. and R. warehousen en and dealers in linen druggist, Salford, Dec. 9, at twelve, Manchester (adj. Nov. 11, at twelve, div. - Edis, J. clerk, Crescent-page thread, Bow-lane, and Aberdeen, Dec. 12, at two, joint div. 17), last exam.--Shore, J. Hannel manufacturer, Rochdale, Bridge-st. Nov. 27, at eleven, further div. -- Print -Taylor, T. D. oilman, 38, Brook-st. Holborn, Dec. 12, Dec. 10, at twelve, Manchester (adj. Nov. 12), aud.-Wins- J. boot maker, Hythe, Nov. 27, at eleren, dir-lo. at half.past twelve, div.-Walker, W. and J. manufacturers combe, 3. shoemaker, Bristol, Dec. 19, at twelve, Bristol, rett, F. C. butcher, Tillington, Nov. 27, at der of apparatus for heating buildings, St. John-sq. and Mos- aud. further div.-Loveday, J. boot maker, Mount-piace , it ler-st. Manchester, Dec. 7, at one, fin. sep. div. W. Walker, MEETINGS FOR ALLOWANCE OF CERTIFICATES. worth-rd. Nov. 27, at half-past eleven, div.-Lasker, as Dec. 12, at one, further joint div.-Wood, T. wine and spirit batter, Bungay, Nov. 27, at iwelve, div.-Maclean, C. ep. Barry, E. victualler, Bristol, Dec. 18, at eleven, Bristol.merchant, Little Queen-st. Holborn, Dec. 12, at half-past Brown and Preston, cotton spinners, Manchester, Dec. 16, bolsterer, Poland-st. Nov. 27, at twelve, div.- Naurich . one, further div. at twelve, Manchester.—Sugden, R. manufacturer of worsted commercial traveller, Great Russell-st. Nov. 27, at bilement twelve, div.--Moore, G. boot maker, Lime-st. Norra, MEETINGS FOR ALLOWANCE OF CERTIFICATES. goods, Keighley, Dec. 18, at eleven, Lecds. half-past twelve, div.-Quarrell, J. clerk, Napier-st . Na Luckin, G, boot maker, Holborn, Dec. 12, at eleven. North-rd. Nov. 27, at half-past eleven, div.-Varraii , J.C. M'Entire, R. commission agent, Paternoster-row and Barns Partnerships Dissolved. landscape engraver, Pratt-st. Camden-town, Nov. 27, at sit, bury-sq. Dec. 16, at half-past one. Gazette, Nov. 18. div.-Wonfor, W. publican, Ampthill, Nov. 27, at halus Gazette, Nor. 25. B!00r, J. and Hackett, R. A. farmers, Tutbury, Nov. 8.Bentall, T. stock broker, Copthall-chambers, Dec. 19, at Brotrick, J. jun. and Clarke, H. wine merchants, Hull, Jan. Gazette, Nor.21. eleven, aud.-Best, W. and Snowden, J. printers, librarians, 1. Debts paid by Brodrick.-Clarke, J. and Bennett, G. C. PETITIONS TO BE HEARD AT BASINGHALL and stationers, Southampton, Dec. 18, at half-past twelve, agricultural implement dealers, Long Sutton, June 30, STREET, joint aud. and Dec. 19, at two, joint div.-Bidmead, D. Clay, T. F. and Barrett, S. B. C. surgcons, Sloane-st. Nov. Beris, S. clock maker and tea dealer, Dorking, Dee. !, at warehouseman and shipping agent, 62, Bread-st. Cheapside, 10. Debts paid by Barrett.-Collings, W. M. and Essery, eleven. --Brace, G. H. leather stainer, New Gloucester Dec. 16, at two, div.-Coates, G. apothecary, Hart-st. A. J. painters, Newport, Monmouthshire, Nov. 11. Dehts Hoxton, Dec. 1, at one.-Brown, T. boot maker, ContaightBloomsbury, Dec.19, at half-past twelve, aud.-Curtis, J.H. paid by Essery-Crampern, J. B, and Winter, H. L. saw. bookseller, Soho-sq. Dec. 18, at twelve, aud. - Davies, S. coal mills proprietors, New North-st. Finsbury, July 1:- Fernie, sistant victualler, St. Ives, Dec. 1, at half-pat set. terrace, Edgaare-road, Dec. 4, at twelve, -Clark, J. 2merchant, Somerset-wharf, Bankside, Southwark, and Times E. W Tennant, J. Williams, J., M., W., and J. M. manwharf, Wilton-road, Pimlico, Dec.18, at twelve, aud. and Dec. ganese merchants, so far as regards E. W. Fernie and Co. Collins, T. B. schoolmaster, Hog-lane, East-st. Greenrich, Dec. 9, at eleven.-Edwards, J. out of business, Teddns. 20, at eleven, div.--Daris, V. dealer in regimental dresses, Dec. 12, 1841.-_Green, I. and H. Woolstaplers, Halifax, Jermyn-st. Dec. 19, at eleven, aud.--Evans, R. Foster, J., Nov. 13. ton, Nov. 22, at eleven.-Evans, T. porter, Colege-plate , Debts paid by H. Green.-llamilton, J, A. and College-st. Tooley-st. Dec. 1, at eleven.- Faiers, , bet La for Langton, S. L. and Foster, T. East India nierchants, Barge- Revell, R. S. booksellers, Penton-row, Walworth, Nov. 15. dresser, Colchester, Dec. 1, at twelve. -- Francome, H. breaks yard, Bucklersbury, Dec. 20, at one, joint div.-Guy, J. sur. - Houghton, J. and Owen, E. provision dealers, Catterall, Reading, Dec. 16, at eleven.- Hibberd, G. batter and be it, geon, Bury-street, St. James's, Dec. 20, at half-pastone, Lancashire, Nov.5. Debts paid by Houghton. Lindon, J., Salisbury, Dec. 4, at twelve.- Howard, J. baker and also aud. -Kedward, S. R. victualler, Clipstone-st. Dec. 18, at J. W. and T. A. merchants, Plymouth, so far as regards J. maker, ilundon, Suffolk, Dec. A, at one. -Jarvis, www ya da one, aud.-- Knight, W. C. builder, Great Suffolk-st. South- W. Lindon, Sept. 30. Debts paid by remaining partners - warehouseman, Thomas-st. Horseler-Jawa, Dec. 3, at baie wark, Dec. 16, at half-past eleven, fur. div: --Knyrett, E. Mackie, F., A., and Ewing, J. W.nurserymen, Lakenham and past twelve. - Jeffs, J. lighterman, Great College-st. Dee. teacher of music, Great Stanmore, Dec. 18, at half-pasteleven, Norwich, Oct. 1. Debts paid by A, Mackie.-Morris, F. aud. Limes, J. H. butcher, Richmond, Surrey, Dec. 18, at and T. wharfingers and coal and wine merchants, Addington. borough-road, Dec. 1, at half-past eleren. – Soues, J. et ei at one. ----Jekyll, T. assistant to a laundress, Oułord-st. Mer.. eleven, aud. 'and div.- Miller, J. patent sail cloth and rope wharf, Camberwell-road, Old Swan, London-bridge, and business, Jewin-st. Dec. 12, at eleven.-Palmer, W. She manufacturer, Stockton-on-Tees, Durham, Dec.16, at one.- Ratland-wharf, Upper Thames-st. Nov, 18. Mortimer, J. bookseller, Adelaide-st. Dec. 18, at eleven, F. Morris.- Ridsdale, J., Hirst, A. and Ridsdale, C. E. eleven.-Pook, 1. L: victualler, Reading, Dec. 1, at het Debts paid by man to 'a whipmaker, Paddington-st. Dec. ., at half-post aud. - Parsons, W. corn dealer, No. 6, Wood-st. Princes-rd. stock brokers, Manchester, Nov. 13. and d Debts paid by J. 1 past twelve.-Punchard, A. tailor, St. James's-walk, Cerk Lambeth, Dec. 19, at eleven, to aud, and Dec 20, at twelve: Ridsdale.-- Rowbotham, I. K., H. and Kenworthy, R. J. enwell, Dec. 1, at twelve.—Rabett, T. furniture broker, div.-Peake, :), miller , Tolleshunt Knights, Essen, Decoche bleachers and calico printers, Manchester and Brinksway, Little Pulteney-st. Dec. 9, at hal-past eleven-Read, Cu! . ), , Hack- near Stockport, so far as regards T. K. Rowbotham, July 5 baker, Lydd, Kent, Dec. 1, at one.- Rountree, H, tak ney-rd. and Castle-st. Long-acre, Dec. 19, at twelve, aud. - Debts paid by the remaining partners.-Wreford, 'W. Robinson, w. M. draper and grocer, Burnham, Dec. 16, at Nicholls , E. C. and Wreford, W. E. stock brokers, Bristol, dence-place, Kentish-town, Dec. 4, at one.- Sarcze, I. Sidmouth-st. Dec. 4, at twelve.-Rust, J. J. taila, Prov twelve, aud. --Shaw, T. wine merchant, Southampton, Dec. Nov. 8. 19, at half-past one, and, and Dec. 20, at half-past twelve, Gazette, Nov. 21. lighterinan, Thomas-st. Dock-head, Dec. 10, at deres.fin. div.--Sterenson, J. china dealer, Frederick-pl. Hamp- Anderson, J. and Lamb, ? East-India agents, Lothbury, 1,"attwelve.- Watts, D: lighterman, York-st. Kaekstrieren Trylor, B. mill sawyer, Pear Tree-st, Waterloo-read , Vee. stead-rd. Dec. 20, at half past cleven, aud. --Taylor, T: wine Nov. 12.--Batenian, J. and David, T. shoe manufacturers, road, Dec. i, at half.past twelve-Withey, A. evackmaker, merchant, Philpot-lane and Nichol's-sq. Dec. 18, at half-past Sun-st. Bishops gate.st. Nov. 15.-.Cooper: H. Dewsbury, Colchester.st. Whitechapel, and New Hatcham, Dee, one, aud.--Taylor and Watkinson, plumbers, York-terrace, Hemingway, Jonn, James, and J. B. Cardiff , and Pearson, eleven.— Yeomans, R. currier, Whitecross-st. Dec. I, & Regent's park, and Watling-st. Dec. 18, at half-past two, C. Newton, near Manchester, contractors in the formation aud-Trapp, T. and T. P. tallow chandlers and melters, No. of certain portions of the Bristol and Gloucester, and 1, Church-st. Southwark, Dec. 16, at twelve, fur. joint div. the Cheltenham and Great Western Union Railways, Sept. COUNTRY and fin. sep. of each.-Verey, W. victualler, High-st. King$- | 1:-Doery, C. and Woodland, G. fishmongers, Hayes-court, Bootyman, J. superannuated shipwright, Plymsath, Nor . 1 petition land, Dec. 20, at one, aud. --Wake, J. timber merchant, Sil. Sono, Nor. 5.--Greer, T. and W. A. Manchester, Oct. 1. 28, atone, Exeter.- Buckingham, J. boot inaker, Exeter, Dee. i taxed, verstone, Dec. 18, at two, aud.-Walker, H. D. innkeeper: Debts paid by Greer, Sons, and Co. Belfast.-Hamer, w. 4, at one, Exeter.--Child, W. cabinet maker, Barslea, De Eaton Socon, Dec. 18, at half-past twelve, aud.--Winter, J. and sterratt, T. ropemakers, Little Lever, Nov. 11." Debts 5, at half-past ten, Birmingham. -Cooke, W. labourer, He plate-glass factor, Hatton-garden, Dec. 18, at half-past paid by Sterratt.- Humpson, J. and J. machine makers, worth, Dec. 4, at twelve, Nanchester. – Davies, Jimin Manchester, Nov. 17. Debts paid by J. Hampson.-- Hard draper , Llangollen, Nov. 27, at twelve, Liverpool: - , pool.-Fanshaw, G. mason, Buxton, Dec. 8, at ere 8. Debts paid by Powell. – Kennedy, W. and King's. Hair - Duke, J. watch maker, Denbigh, Nov. 27, at eleven, lie: nos leven.--Limes, J. H. butcher, Richmond, Dec. 18, at Islington, so far as regards Chapman, Nov. 18. Dehls païd Manchester --Holland, I. ' stamper in the stampare toelve: - Pratt, J. m. wine merchant, Berners-st. Dec. 16, at 1. stock brokers, Manchester, Nov.17.--Norton, J., Mures ; ter.– Newton, H. narehouseman, Manchester, De beste half-past eleven.-White, R. surgeon, Portsmouth, Dec. 19, at eleven.-Williams, J.'S. master-mariner, Clement’s-lane, paid by Morton. - Piggott, W. H. and Thompson, w. w. W. and Adams, J. iron founders, Manchester, Nov.14.1. bis iwelve, Manchester:- Page, T. stonemason, Nottiszta Dec. 16, at two. Shand, w. w. Higson, J. and Hughes, T. B. general Birmingham, Dec. 5, at half-past ten, Birmingham.* Debts paid by Piggott. -- Bristol, Dec. 4, at eleven, Bristol.-Sloane, M. button maker MEETINGS IN THE COUNTRY, brokers , Liverpool , Nov 17, so far as regards "Hughesia J. milles, Audlem, Dec. 5, at twelve, Liverpool.--Testeren Gazette, Nov. 21. Arnold, T. veterinary surgeon, Shrewsbury, Dec. 20, at Shrubsole, w., Row, W. and Shrubsole, w. jun. drapers, J. beer retailer, Bristot, Dec. 16, at eleven, Bristol. - Wheeler twelve, Birmingham (by order of the Court of Review, Nov. woollen drapers, Colchester, Nov. 13.--White, J. H. and J. J, painter, Birkenhead, Dec. 3, at eleven, Liverpool.- IT 1), last cxam. --- Austin, J. (ren. com. 1811), brickmaker, chemists, Chorlton-upon-Medlock, Nov. 12. Debts paid by W.J. clerk, Newcastle, Dec. 2, at half.past one, Newczair. Manchester, Dec. 19, at twelve, Manchester, aud. Dec, 20, J. H. Wbite. MEETINGS AT BASINGHALL-STREET, at twelvc, final div.-Batchelor, J. butcher, Bath, Dec. 18, Munns, W. attorney, Southampton-st : Camberwell, ed at eleven, Bristol, aud.-Beet, J. dyer and retailer of beer, Insolvents Fenchurch-buildings, Fenchurch-st. Dec. 12, at bali-pest Bradford, Dec. 16, at eleven, Leeds, aud. Dec. 18, at eleven, div.--Cooper, G. butcher, Leeds, Dec. 16, at eleven, Leeds, Petitioning the Courts of Bankruptcy. aud.-- Fisher, T. draper, Selby, Dec. 13, at eleven, Leeds, Gazelte, Nov. 18. MEETINGS IN THE COUNTRY, aud.--Hayward, W. H. and Collier, R. cotton spinners, PETITIONS TO BE HEARD AT BASINGHALL Sweet, J. cabinet maker, Bruton, Dec. 5, at twelve , Manchester, Dec. 12, at twelve, final sep. div. of Hayward, Bristol. Dec. 13, at twelve, final joint div.-Ibbotson and Ibbotson, paper manufacturers, Ecclesfield, Dec. 13, at eleven, Leeds, Armstrong, D. brevet captain in the East-India Com. aud.--King, J. mercer, Hull, Dec. 13, at eleven, Leeds, aud. pany's service, Bedford, Dec. 2, at eleven.-Chettle, T. From the Gruette of Friday, November 28. --Maybury, Jos., J. and Jos. the younger, iron and tin plate butcher, Clare-market, Nov. 22, at half-past eleven.com , Bilstoneleven, , ber, , 4, at Bankrupts. Long, and Smith, hoarding-bouse keeper ton, Dec. 13, at eleven, M. vic. tuableret manufacturer, Birstal, Vec. 16, at eleven, Leeds monger, Blackfriars-road, Nov. 19, at eleven.- Mulie, s. colloin mad. G. slicenseal victoller, Epsom.--Ellis, Tilburg Dec. 3, at eleven.- Ford, W. H. innkeeper, St. John's-pl. Gresham.st. city--Palmer, A. druggist, Feltwell, Nertolk. tudi anketymer, tel . cutlery manufacturer, Sheffield, Dec 13 retail brewer, Kingswinford, Dec. 1, at ten, Birmingham. muker, Woodetalisten perusting Cambridgeshire consciente and developed, aud. "Warner, s. maltster, late of Gar: Page 1. 1. pensioner , st . Alban’s-road," Horsemanger ander. Wontecagels, Bishop Auckland, Durbani care se eleven, div.--Wright, T. the younger, shipowner and scri- ' moreland-place, City-road, Nov. 22, at balf-past eleven.-pool. Page 23
ant has been taken in execution thereon and discharged, tain bills of himself and bis late partner, against to the Justices of Middlesex to enter continuare the Court will order satisfaction to be entered up. whom there was a charge that he had appropriated and hear an appeal against an order of removal. Obre Wordsworth had obtained a rule, calling upon the some moneys improperly to his own use, but negatived of the magistrates who signed the order was Join plaintiff to shew cause why he should not give a war- any knowledge or participation by the applicant. The Wilson, but he wrote so badly, that it looked the rant of attorney to a certain attorney herein named, to amount had been paid into Court to abide the result. Jonah Walter, and the notices of appeal described te enter up satisfaction of the judgment in this action, Lord Denman, C.J.-He had better wait until order as made by Jonah Walter. On av objecte or why the registration of the judgment should not be next Term. This matter should be settled satisfac- that there was no such order, the Sessions refused ja struck out." It appeared that the plaintiff had re torily. hear the appeal. ceived judgment in March 840, and the defendant WEBB V. HENZELL. had been charged in execution in July of the same Re Practice-Delivery of particulars. year. That he was then about to take the benefit of Jervis, Q. C. applied for readmission of an at. Where, after an order for particulars of demand his the Insolvent Act, but was first discharged from torney. slay of procecdings, declaralion rras delvered viken prison, with the consent of the plaintiff, in August. Robinson, on behalf of the Incorporated Law So. the particulars, the declaration was set enige mita In 1843 he bad, notwithstanding this, registered his ciety, stated that although he did not appear to oppose costs, although, after the order, the matter ret me. judgment, and subsequently the above rule had the admission, he thought it due to the Court to ferred to the Master, and he had fired the balance been obtained, against which Ogle now shewed mention that the Law Society bad successfully op- due to the plaintiff at a specific sum, cause. This has been already heard and disposed posed his admission in 1840, for misconduct as a clerk Lush had obtained a rule nisi to set aside a decía. of by Wightman, J. at chambers. [Wordsworth. in not accounting for some small sums he had received; ration delivered in this action, with costs . It es. --The indorsement on the summons is no order but he wished further to state that since then his peared that on Feb. 24 the plaiatiff had delivered by without prejudice to any application to the Coart. conduct had been irreproachable, and that one of the bill of costs, amounting to 3161. 14s. 9d. and issued's [WIGHTMAN, J.-That' disposes of the first objec. principals of the house in wbich he had been clerk in writ on March 29 for 3827. 1s. 10d. being the meant tion.) This rule is drawn up upon the supposi- 1840, was now one of the committee of the Law increased by claim for money lent. Before dele tion that the old practice of warrants to enter satis- Society, and concurred in the present application, and ration, an order was obtained for delivery of par. faction continued, but these are no longer necessary testimony to the character. Application granted. ticulars of demand with stay of proceedings in the since R. G. E. T. 1844. Besides, no distinct appli. mean time. None were delivered, and on Was i cation has been made to the plaintiff himself with a CRAVEN . Hose. the bill was referred for taxation, with power to the tender of the expenses incident to what is asked. In Practice. Master to enter into the accounts between the per. Willon v. Chambers (4 Law T. 215), this Court re- A consent to a judge's order for judgment does not dis- ties. On taxation, the bill was reduced to it. fused to interfere to compel satisfaction to be entered pense wilh the entry of an appearance. and, upon the whole accounts, the Master found that pursuant to an order of the Lord Chancellor, and it Lush had obtained a rule to set aside the judgment | 71. 148. 5d. was due to the plaintiff. On Nor. f the is submitted there is no jurisdiction to enforce the and all subsequent proceedings in this cause, the plaintiff told the defendant that, if not paid, the present rule. If the judgment has been satisfied by judgment having been signed without any entry of an go on with the action, and on the following day the imprisonment, then it is waste paper, and can appearance. delivered the declaration, without any partículas de have no injurious effect. (1 & 2 Vict. c. 110, ; 2 & Peacock (with whom was Crouch) now shewed demand, and the above rule was then obtained. 3 Vict. c. 11, s. 6.) The judgment was signed in pursuance of a Pearson now shewed cause. -The object : the Wordsworth, in support of the rule.- No authority judge's order, obtained with the consent of the de- order for particulars is only to give the defendantin . has been cited against this motion, and it is consistent fendant, which stayed the proceedings upon payment formation of the nature and exact amount of the with law and equity. It is said no tender has been of the amount, 151. 168. 11d. by instalments, and claim, but here, from the Master's alteration, he be! Dere made of the expenses incidental thereto, but the authorizing judgment in case of default. Default all the requisite knowledge. [W1G&TMAN, J.plaintiff has expressly refused unless he was paid 751. being made, judgment was entered. A similar appli- You would not have been bound at the tried to that In cases of this kind the expenses are always borne by cation had been made to Mr. Baron Rolfe at cham- amount.] But it is only disobedieace to the order for the applicant. The discharge of the defendant in 1843 is bers, which he dismissed with costs. [WIGHTMAN, wbich attachment is the remedy. satisfaction in law and in fact. (Beard v. M*Carthy, J.-That is, he made no order.] Lord Denman, C.J.—The plaintiff should be 9 D. P. C. 136; Clarke v. Clement, 6 T. R. 525.) By the Court.-An appearance is not dispensed given that which he was ordered to do befare te The plaintiff had no right to register the judgment; with by an order for judgment. If parties will take went on with the proceedings. The declaration met even if after registration a plaintiff takes the defend the advantage of the law they must follow the forms be set aside, but, if the plaintiff wishes, be can be ant in execution, the benefit of any charge is lost. required by it. attached also. Rule cholte. (1 & 2 Vict. c. 110, s. 16.) The rule may be moulded Rule absolute, with costs, the defendant un dert ak REG. v. BLUCK. if the R. G. of Easter Term makes it requisite. ing to bring no action. Return to a mandamus, Lord DenmaN, C.J.-- We think the rule must be The Solicitor. General moved for a rule nisi to quae made absolute in one alternative. The expenses to be JONES v. CARTER. . It paid by the defendant, but we say nothing about the Lotteries. was a mandamus to restore a parish clerk, and the present costs. Rule absolute (a.) A ticket in a Derby lottery, by the rules of which the return stated, Ist, that the clerk had never been del holder of the winning horse is to receive a certain appointed; 2ndly, that he had not been dismissed be Daw •. HOLE. amount, is not transferable so as to give any party a 3rdly, that another person had been appointed, and a . Trespass-Costs. right to sue the stakeholder for money had and the office was full. Under the recent statute the to Where a wrillen notice is proved, but the judge does not receired. turn may be demurred to, but it was not clear that certify, under 8 & 9 Wm. 3, the Master has no Assumpsit, for money had and received to the use there could be a demurrer to that part; and it is right to tax the costs in the usual way. of the plaintiff. submitted that it is no suswer to say that the office is Quere, what the effect of a suggestion in such a case Plea Non-assumpsit. full, and that portion ought to be struck out. would be ? At the trial it appeared that the plaintiff was the This was an action of trespass, and it was proved holder of a ticket in a Derby sweep, for which the Reg.v. Down HOLLAXD. at the trial that the defendant had committed the second horse was named, and, according to the rules Highways-Costs. written notice. The jury found for of the sweep, the holder of the second horse was enti. The power of a judge who tries an indictment for the parties the plaintiff, damages sixpence. The learned Judge tled to 81. The plaintiff, however, was not the original non-repair of a highway to certify for costs under the refused to certify, but notwithstanding this, the subscriber, but had bought the ticket from the origi. 5&6 Wm. 4, c. 50, s. 95, only applies to cases where Master had considered himself bouod, in consequence nal subscriber. Upon that evidence the plaintiff was the road is shewn to be a highway. The more fu. It is of the trespass baving been prored after the notice nonsuited. cumstance that both prosecutor and the defendant sent, to tax the costs as usual. Crouder, Q.C. had ob- Pigott now applied to set aside the nonsuit. It was were prepared with evidence upon the existent tained a rule nisi to renew the taxation, against which part of the terms of the sweep that the holder of the Cockburn, Q. C. now shewed cause. The taxation second horse should receive the sum mentioned, and of the highway, is not sufficient if the case goes or without the jury giving any decision upon that proval was right under 3 & 4 Vict. c. 24, s. 3, the effect of the defendant therefore obtained posssession of the This was an indictment against the parish of Dows which is to entitle the plaintiff to costs where a dis- money for the benefit of the ultimate holder. I A Holland, preferred by the direction of the magistrates tinct written notice not to trespass is proved. (Sher. receives money of B, for the use of C, he becomes the At the trial the defendant pleaded " Not guilty B.'says, that the section may mean that it is imperafor the plaintiff was never named. Your argument as to the fact of it heinga highway, but the evidence tive upon the judge to certify, or that there must be could make the ticket a negotiable instrument.] for the prosecution failed to shew the custom se te a suggestion in the record. [WIGHTMAN, I-It Suppose the original subscriber sued, it would be a pair, and the judge directed an acquittal, so that the sometimes is stated in the declaration that the notice good answer to say, "I paid it to the person you question whether it was a highway was not decibe was given.] The effect of that is uncertain. Crowder, Q.C. contrà, was not called on to sup- present plaintiff. [PATTESON,'J.-That does not who tried the cause, to set aside which a rule bad port the rule. shew that the plaintiff can sue.] It is not within the been obtained. ont of the operation of the 2 & 3 Vict. c. 24, every ority; There is a special contract by the debtor. was in dispute, as appears by the affidavits, or het Lord Denman, C. J:- The third section excepts case where it has been held that there is want of pri- Starkie, Q.C. now shewed cause.--The bigdru case of trespass after written notice, and it is there. (Hodgson v. Anderson, 3 B. & C. 854.) sides ; it had been presented as a highway, and the fore left to be governed by the 8 & 9 Wm. 3, c. 11, Cur. adv. rull. and under that the plaintiff cannot recover unless the On a subsequent day (Nov. 25) Lord DENMAN, justices had directed the indictment to be preferred. judge certifies. Rule absolute. C. J. delivered Cowliny, in support of the rule.- Reg. v. Hester (See Bit. & Sym. 172) decides this case. Cockburn, Q.C. then applied for leave to enter a JUDGMENT. suggestion, on which, however, the Court declined to The plaintiff brought an action upon a lottery ticket, diction it must be shewn that it is a highroad; " Lord Denman, C. J.-To give the judge jui give an opinion without a specific motion. by which the defendant undertook to pay the wioner a cannot be left to inference. certain sum. But the winner was not the person Re J. MARSHALL. who took the ticket, for he had assigned it to the BLAND 0. Dax. There After a rule obtained by the plaintiff in a cause agaimana Affidarits-Motion by executors. charged with having appropriated some money to his was no money had and received for the use of the own use improperly, the Court postponed an applica, plaintiff - po privity between him and the defendant tion on behalf of the other partner to be struck off in the first instance. Even if the assignment was an attorney for an account of moneys receired by him in respect of certain annuities, and ar erectura the rolls for the purpose of going to the bar. contemplated in the first instance between the defen against the defendant, and a reference to the Wester Ring moved to strike Mr. I. Marshall, an attor- dant and the original subscriber, still that agreement but before the Master had made his report plainting dey of the Court off the roll, for the purpose of being would not render valid the assignment of a chose in died : his executors obtained a rule nisi to make them. called to the bar. The affidavit stated that no motion action such as this. selres parlies to the said rule. The affidarits wert was pending against him, except a motion to tax cer entitled “Bland, deceased v. Dar." Held, that the REG. v. JUSTICES OF MIDDLESEX, rule must be discharged xpon an objection to the *** (a) We will endeavour to ascertain how the cale was ulti. tituling, for that there was no such cause. poately drawn up. Prendergast moved for a rule nisi fos & mandamus Quære, Would the Court grant suck it rule upem effe davits entituled in any other manner ? Page 24
set aside regular proceedings, however sharp, unless Monday, Nov. 24. into a special verdict, in order that the opinion of a on payment of costs, and the only question here is, whether there are any special circumstances to take for a commission to examine witnesses for the de' issue between the parties. This question, in fat, Attorney-GENERAL v. Bover.-Greenwood, Court of Error might be taken upon the question et this case out of the rule. Mr. Cockburn, in moving fendant. for the rule, suggested this was against good faith. Postponed maioly turned upon the true construction of the Cockburn, Q.C. in support of his rule.- It is clear a rule obtained by Simons, for judgment as in case of which incorporates the Grantham Canal Company PERRIN r. Lewis.--Pulling shewed cause against 82nd and 96th sections of the statute 33 Geg. 3, that we were deceived, and although it is now sworn that no actual agreement was entered into that this a nonsuit. Stet processus. Section 82 of this Act enacts, that the said coni. cause should not be tried until the second day, still the a rule obtained by Smithies to set aside proceedings. Tuomas v. GREEN.- Wines shewed cause against pany shall be empowered "to take for their own plaintiff's attorney admits saying that he had reason use' and behoof, for tonnage upon all coale , to believe the cause would not be tried until this day. Rule discharged with costs. stones, timber, corn, grain, malt, meal, four, Then why should he have costs? It is not as if he Proudfoot v. PoYLE.-Humfrey, to set aside an and other goods, wares, merchandise, and other had no opportunity to try, for then it would be quite award. Rule nisi. commodities whatsoever, which shall be strigated, right they should bave their costs, but here the learned Serjt. for a rule to shew cause why the plaintiff's tended canal and collateral cut, such rates and dating MAYOR OF BRIDGEWATER V. Allen.-Kinglake, carried, or conveyed upon or through the said in known that they could not hold their verdict , and should not pay the costs of this issue under the Tithe as the said company of proprietors should thick sit, their only reason for refusing to try was to increase Rule nisi. not exceeding the sum of 2}d. for every ton on entera their costs. [POLLOCK, Č.B.- If we once relax rule to shew cause why execution should not issue, its junction with the river Trent, and also not excel HAMESWORTH 6. BROADBENT.-H. Hill, for a ing into or passing out of the said intended catalat this rule I know not where we Then will the Court shrink in a case like this from to stop.] notwithstanding a writ of error, Rule nisi. ing the sum of 1 d. a mile for every ton of coal, stone CLARKE v. GAMMON.-H. Hill shewed cause timber, coro, grain, malt, meal, flour, or other good, may arise in which this case may be cited. There is no of Platt, B. for a review of the taxation. doing justice to the defendant because other cases against a rule obtained by Gray, to rescind an order wares, merchandise, and commodities , except all rule without some exception by the Court. dung, soil, marl, ashes, and other manure forber POLLOCK,C.B.--I fear we must adhere to the strict Rule absolute. than lime, which shall pay half the said tolls), and rule laid down, that if a party seek to set aside proceed. Dickson v. OLIPHANT.- Patterson, to set aside except gravel, stone, and other materials for mending ings which are regular, he must pay costs; and, however an award. Rule nisi, the public and private roads, wbich shall pass toll . improperly we may think the parties to have acted in award. Case cited : Kilburn v. Kilburn. Rule nisi. Posnett r. SERVICE.—Couling, to set aside an free, which shall be navigated, carried, or conveyed this case by refusing to try when the learned judge upon or through the said intended canal and collatera ofered them to do so, it is better to adhere to the Tuesday, Nov. 25 cut, and so in proportion for any greater or las que. strict rule which has been laid down, or we shall only BROMHEAD v. Hall. tity than a ton." "By section 96 it is enacted that be opening the door to a loose mode of conducting To go into the peremplory paper. "no boat, barge, or other vessel shall pass through business. Rule absolute on payment of costs. THOMAS v. HUNTER. Rule discharged. any of the locks to be made by virtue of this Act M'CLAREN T. BERKLEY. without the consent of the said company of proprie Rule enlarged. STOKES v. WEBBER. REG. v. SCALES. Stands orer. tors, &c. unless such boat, barge, or other resel Motion to set aside a judgment -Practice-Nolice of PERKINS v. Adcock.-Ogle shewed cause, on by a vessel loaded with a burden of thirty tons, shall pay a daty or rate equal to what would be paid declaration-Rule to plead. affidavits. P. M.Mahon, contrà. Rule absolute. This was a rule calling on the plaintiff to shew Deacon v. WILLIAMS.-Jerris moved to set aside weirs of such locks, or unless such vessels shail be less waste water shall be running over the regulating cause why the judgment and the execution thereon the notice of declaration and other proceedings in this returning after having passed on the said canal with should not be set aside on the ground of irregularity. case, on the ground that the defendant had never a greater burden than thirty tons." A boat being It appeared that the declaration in this case was filed been served with process. Rule nisi. on the 31st of October, and the same day a rule to Bond v. West LONDON CEMETERY COMPANY; canal with a cargo of manure exceeding thirty tons ing to the plaintiff below having navigated the sald plead given. No notice of declaration, however, was - This was a rule to postpone the trial, on the ground in weight, the company ctaimed payment of both served until the 1st of November, on the 6th judg- of the absence of a material witness, Peacock shewed tonnage and mileage, amounting together to the tom ment was signed, and on the 16th execution issued, cause; Robinson, contrà. Rule absolute. upon which the above rule was obtained. of 31. 125. 6d. which the plaintif was compelled to Tuesday, Dec. 2. pay to free his vessel on her voyage, and now songs if any, is in the rule to plead being given before the Cookson and OTHERS. to recover back as money wrongfully exacted, and notice of declaration. The party, therefore, should Amendment by consent, without costs. consequently in point of law had and received by the defendants below to his use. have come to the Court to set that aside before the GRIFFITH r. Pike. next step in the cause was taken, but not having M. D. Hill, Q.C. for the plaintiffs in error.-It To be turned into a special case. donc that he is too late. cannot be denied that the Act of Parliament which it STEEL V. DENHAM and Others.- Martin, Q.C. will be the duty of the Court to construe on this be casion is very ambiguously worded. In the court Cur. adr, rull, below it was held that any ambiguity in those clauses tinguish that case from the present; therefore the Webb v. FREEMAN.-In this case the Court sug- of the Act which confer on this company the power rule must be made absolute. Rule absolule. gested that the plaintiff had better amend. Amendment accordingly. enforeing payment of tolls, must dé taken most strongly against the company and in favour of the PERRY V. ALLEY. public. But the rule on which the Court of EsMotion to set aside the satisfaction entered on the roil, EXCHEQUER CHAMBER. chequer proceeded, although generally applicable to on ground of collusion between the plaintiff and Acts like the present, has not, in this particular it, defendant to deprive the attorney of his costs. In ERROR FROM THE COURT OF EXCHEQU'ER. stance, been rightly applied. An attentive perusal of *motions of this kind there must be gross fraud shewn, this enactment will shew how carefully the legislature (Before Tindai, C. J., Patteson, Williams, has throughout consulted the public good. The for the Court will not interfere. This was a rule calling on the defendant to COLERIDGE, COLTMAN, MAULE, WIGHTMAN, 96th section, which has an important bearing on shew cause why the satisfaction entered on the roll in and ERLE, JJ.) the question before the Court, was expressly this case should not be struck out. It appeared that The COMPANY. OF PROPRIETORS or The Gran- framed with this objcet, viz. to impose a tar apa THAM CANAL NAVIGATION v. HALL. this was an action brought against the defendant for the company which might operate to prevent auf Argued and determined Dec. 1. putting out the plaintiff's eye. Verdict for the wanton waste of water at those periods of the year plaintif, damages 201. The defendant not being able By a Canal Act, the company of proprietors were when the supply is inadequate for the purposes of to pay this sum absconded some time after, when should think fil, not exceeding the sum of 21d. per rate, in truth, to the disadvantage of the poblic, beau his father entered into a compromise with the plaintiff ton, on all coals , stones, fc. on entering or passing cause, by lowering the tolls, traffic will be increased (who was also a poor man), paying him 61. on his executing a release and entering satisfaction on the and iney were also empowered to take a mileage not navigation. This view of the case is quite consistente roll; upon this the attorney who had conducted the plaintiff's case obtained the above rule, on the ground 8°c. which should be narigated or conveyed upon the tain proprietors of lands from the gross tonnage de that the release was fraudulent and collusive, and with a view to deprive him of his costs. than lime, which should pay hulf the said tolls), and of hire, and not for sale. This exemption being to Watson, Q.C. now shewed cause, and contended ercept grarel, stone, or other materials for mending forced only during the period between the first day of that the plaintiff had never retained the attorney to faring the action, but that he had been retained by a quent section, it was provided, that no boat or vessei water is necessarily more abundant than dariage de certain sick-club, of which the defendant was member, and that the attorney's remedy was against Act, without the consent of the proprietors, unless reas introduced into section 96 the proviso as to being them. Further, that as it was evident nothing could be got from the defendant, he having absconded, the what would be paid by a ressel loaded with a burden is clearly for the purpose of protecting the navigation plaintiff was quite justified in getting what he could of thirly tous, unless waste water should be running and conducing to the public advantage, Theres from the defendant's father; and unless there was gross fraud and collusion proved between the parties vessel should be returning, after having passed orer manure and other commodities from the payment al the Court would not interfere. the canal with a burden erceeding thirty tons. Humfrey, Q. C. contrà, was not called on. mileage, this exception does not, it is submitted, ceeding thirty tons, was entitled to navigate the canal for such payment was imposed not for the beneficent pend on its particular circumsłances ; and no doubt a and to pass at any time through the locks, without the scahana company, but" as a penalty one very strong case of fraud should be made out before of the Court will interfere ; but this seems to be a case sending loads of manure by the canal, and in disof gross fraud and collusion between the parties to received. deprive the attorney of his costs. It is said that the unchecked, impede the navigation. (MAULE, Š.- If attorney must look to other parties but the plaintiff that argument were correct, the 96th section would is not made out : and here we see the plaintif taking bam Canal Navigation Company to certain tolls levied hibiting boats from passing without the competence pounds. Rule absolute. was tried at the Lent assizes for the county of Not. consent.] The true principle is that permissive words BL'SINESS OF THE WEEK, tingham, 1843, when a verdict was found for the plain: in a statute shall be construed as compulsory, when Thursday, Nor. 20. tiff below for 31. 12:. 60. subject to the opinion of the such a construction would tend to the public good. BENNETT Y. SMIT, Part heard. cause at length in Hall v. Grantham Canal Company (13 the case under consideration the company must noasuit or for a new trial, Charnock, contrà. special case , gave judgment for the plaintiff, with borsookedhe peanan, and in the latter character Rule discharged without costs. leare, however, to the defendants to turn the case bound to consult the interests of the community at Page 25
TO THE EDITOR OF THE LAW TIMES.
THE CERTIFICATE DUTY. purchase-money of scrip in a railway company, which TO SUBSCRIBERS. Under the head of “Proceedings of Law Societies," failed in obtaining the sanction of parliament, could It is proposed to publish an annual Index Legum, in our last number, will be found a copy of the not, under ordinary circumstances, be received by the consisting of a digest of all the reported cases and minutes of a general meeting of the Society for Pro. vendor. I am, Sir, yours, &c. statutes of the past year, under the title of the YEAR moting the Amendment of the Law, and we beg to call Joun YEOMANS, jun. Book, to be bound with the volumes of the Law attention to a reference to the committee on miscel- Sheffield, Nov. 18, 1845. TIMES, or separately, at option. It will be comprised laneous jurisdictions of the consideration of the cer. in about six or seven numbers, at 1s. each, stamped, tificate duty now paid by Attorneys and Solicitors. ATTORNEYS' GOWNS. for transmission by post. It will not be commenced We think we can clearly trace connection between unless 1,000 subscribers order it. Persons desirous this important reference and the monster petition originated by the Metropolitan and Provincial Legal SIR, -Mr. Durrant, being one of the first that ad. of having it are therefore requested to transmit their names as soon as possible. Association, and presented to Parliament in the last vocated the resumption of the gown, I have for. session by Sir Thomas Wilde ; and the interview warded to him a few of the numerous letters of ap. since by the Council of this Association with the proval that I have received, for bis perusal and advice SCALE OF CHARGES FOR ADVERTISEMENTS. Chancellor of the Exchequer, reported shortly in our as to the next step to be taken in the matter; and he Under 50 Words.. journal of the 8th ultimo, p. 91. Can any one doubt has favoured me with the following reply : For every additional Ten Words.. 0 that this is the mode adopted by the Chancellor of “Chelmsford, November 19, 1845. Advertisements from the Country should be accompanied the Exchequer to give the subject the consideration ATTORNEYS' GOWNS. with an order upon the Agent in Town, or a Post-ofice be promised ? “Dear Sir,- 1 have perused with much pleasure order (payable at 180 Strand) for the amount. We are assured that the Legal Association will the correspondence you were kind enough to send N.B.-For Scale for Estate Advertisements, see JOURNAL pursue the subject in this new quarter, and submit to me, and in reply to your inquiry, what is to be done or Property. the high legal authorities composing the Society for next? I would say that my mind can only recur to Promoting the Amendment of the Law the unanswer. my old plan of lithographing circulars, setting forth able reasons against the tax. We confidently expect the reasons which exist for resumiog the toga, which THE LAW TIMES. a most favourable issue from the consideration thus is the ordinary distinction of learned professions (and to be rouchsafed; while the Profession has reason which remark supplies a reason for our having re. to rejoice that this unjust tax will have to pass this course to extraordinary means of distinguishing our. scrutinizing ordeal, it ought not to neglect the means selves, at the same time that it appears to me a suffi. SATURDAY, DECEMBER 6, 1845. by which so desirable an object has been effected. cient answer to cavillers), and requesting the concur. If, indeed, attorneys are really desirous to improve rence and subscription of the parties to whom such the condition of the Profession generally, and, in con- circulars may be addressed, towards paying the ex. THE BENCHERS OF THE INNER sequence, their own individually, they must do more pense of such circulars. TEMPLE. than vent their grievances in idle complaints ; they “If the thirty gentlemen you allude to would contri. It has been shewn that the Benchers are not must cease to follow the example set by the worthy bute 5s. each in the first instance, a sufficient fund waggoner, in our early fable lessons, who implored would be raised, I should think, for not far short of an irresponsible body, and that the election of Jupiter to release the wheel of his carriage from the 1,000 circulars, and as subscriptions come in further a Bencher is not in any manner to be comruck it had fallen into, without having, in the least, circulars could be issued. pared with that of an admission to a private endeavoured to assist himself. Let the attorneys, by “ I think the reasons alleged in my first letter on joining the Legal Association, afford that body'the this subject in the Law TIMES, vol. iv. p. 10, suthin society or club. It remains only to be consimeans of helping them, for we are surprised and sorry ciently concise in statement, and ample in substance, dered whether the manner of election, by means to find, both from the report it has issued, and a re- to be worth adopting for the purpose suggested ; and of the ballot, is compatible with the execution cent conference with its officers, that it is far from a request might be added, that the solicitor in any of a trust. supported in the way that its objects require, and its town to whom a circular might be addressed, should past endeavours deserve. take the trouble to ascertain and communicate to you What is it, in fact, but the old argument of the sentiments of his professional brethren on the the ballot over again? A trust implies respon. question. sibility to some other person or persons for an CORRESPONDENCE. “ You are at lib?rty to make any use of this letter act done ; responsibility means the right of that you may please; and, thanking you for the spirit with other person to demand an account for that act SALES OF RAILWAY SCRIP. which you have not ceased to agitate this matter, and which (notwithstanding a few depreciatory observa pass TO THE EDITOR OF THE LAW TIMES. a judgment upon it. An account and SIR, -Having carefully perused the case of Leeman tions here and there) I think is not altogether unim- a judgment can only be based upon a knowv. Lloyd, and your observations thereon, I am in portant. I remain, dear Sir, yours truly, ledge of the facts; and as the very purpose of " GEORGE JOnx DURRANT. clined to think the distioctions drawn between the the ballot is to shroud the act in secrecy, the common law and statute law, are open to some re. "J. T. Shapland, Esq. solicitor, South Molton, ballot is entirely incompatible with the existmarks. With due deference to the talent and ability We are now preparing to carry Mr. Durrant's plan or exercise of a trust. The ballot is with which the points have been stated, I must con into execution, and I hope very shortly to be enabled fess that I cannot find any thing in the late Act, 7 & to give you a copy of the proposed circular for the sanctioned by universal custom as the form of 8 Vict. c. 110, that alters the effect of the principles perusal of those gentlemen who have kindly written election in private clubs or societies, specially of our common law, “that the vendor of shares in a me, expressing their approval, and offering every because the elector is supposed to be wholly railway company, completely registered, but not after assistance to carry the matter into execution. wards obtaining the sanction of parliament is liable Yours truly, irresponsible, to consult only his own opinion, J. T. SHAPLAND. or it may be his own caprices; and it is as being to refund the purchase-money, on the ground that the consideration failed." South Molton, November 26, 1845. the best known mode of securing the free en. The sales of scrip in railway companies, established joyment of this right of unquestioned choice after the 1st Nov. provisionally, but not completely, that the ballot is adopted in practice and ap To Readers and Correspondents. registered, are illegal, being within the restrictions proved by reason. But the selfsame reason of the 26th section of the 7 & 8 Vict. c. 110, accord W. P. (Abergavenny). :-We leare it entirely to the reporters that sanctions this form of election, where no ing to the opinion of the Attorney-General, and other to determine the length at which each case deserves to be trust is exercised by the elector, condemns the eminent counsel. It is clear, therefore, that no party reported, and only to give those thut contain a point of resort to it where any responsibility is involved. could recover the premiums paid under such circum. stances, as no case is to be found where when money has A dozen readers have sent us Mr. Westor's adrertisement Let us, however, guard against a possible been actually paid by one of two parties to the other now appearing in all the country newspapers. It hus upon an illegal contract, both being particeps criminis, R. w. (Falmouth). -The subscribers do not yet justify the term, responsibility. We do not mean by it already figured in the Law Tunes. misunderstanding in the employment of this an action has been maintained to recover it back cost. But it would not be begun till January. again. On this point I entirely concur in your re- E. W. (Knighton).-Would not the complaint have come such as is due from every person to his own marks, that the statute law has effected an alteration belter in the form of a letter? The report us sent did not conscience and to Heaven, but only such rein this respect. But, as regards the sale of shares in a railway company that has been completely regis- A. Á. B. (Wolverhampton).- We profess only to report sponsibility as one man owes to some other tered, the sale of those shares being legal according select cases in Equity, that is all practice cases, and the man or men. others of the most general interest. A full report could to the opinion of the Attorney-General, and other not be compressed within our limits, even with the aid of Now it has been shewn, we hope satisfaceminent counsel ; sapposing the consideration to fail, our repeated double numbers. torily, that a responsibility, a trust, is exercised I imagine that the purchase-money of scrip in a rail. A SUBSCRIBER (Hereford). The questions are clearly by the Benchers in the election of new mem. way scheme completely registered, which failed in ob. against rule. taining the sanction of parliament, could now be re Messrs. Brooks and Co. (Whitchurch).- The proposed edi. bers of their body-a trust for the benefit of covered at common law, independent of the statute, tion of the statutes did not meet the upproral of the their Society in particular and the Profession members of the Verulam Society, only 184 subscribing for by the vendee. Jnasmuch as the 11th section of it, and it was therefore abandoned. generally, and a responsibility to the members the statute 7 & 8 Vict. expressly excepts com. of their Inn, to the Profession, and to the Sovepanies which shall have been incorporated by Act NOTICE TO SUBSCRIBERS. reign whose delegated authority they hold. To of Parliament from making half-yearly returns of changes and additions of members, and I cannot The volumes of the Law Times, neatly, strongly, employ the machinery of the ballot, whose very find any thing in the 26th section, or in any and uniformly bound, for 58. 6d. each, with purpose is absolute secrecy, and whose effect other clause of the Act, that controls the disposal the name and address of the owner on the cover, is to substitute a despotism for a trust, is of those shares; if so, I apprehend they are guided 18. extra, if sent to the office. If the numbers manifestly a violation of the first principles of by the principles of common law, and the reason. ing laid down by C. J. Best in Kempson v. Saun. for binding be transmitted by the post, they must justice, an abuse which cannot be too soon ders, and by Bayley, J. in Nockels v. Crosby, must be tied in a parcel open at the ends, and contain abated by those who exercise a power which apply now equally as at the time these cases were some distinguishing mark by which it may be reason cannot approve, which public opinion recognised, of which the publisher should be will not support, and which is found to be as 1 shall feel obliged by your stating this in your advised by letter and directed how he shall re: injurious in practice as it is indefensible in next LAW TIMES, with your observations thereon. turn the bound volume. Advantage may be principle. The case that occasioned these Of course I infer, from the concluding paragraph in taken of the same parcel to enclose other books remarks is a case in point, and of itself neuthe observations upon the case of Leeman v. Lloyd, for binding. that the statute 7 & 8 Vict. c. 110, has altered the tralizes the defence always urged in favour of common law; and that whether the company be pro- Half price will be given for the numbers forming the system, that it has worked well hitherto. visionally registered or co ely registered the the first volume of the Law Times, Here is the proof that it has not worked well. Page 26
Bankrupts. dish-sq. and 10, Stanhope-st. Regent's-park, Dec. 23, at half- 18.-Rapkin, E. and R. tailors, Brentford, Nov. 13.-Ress DATE OF FIAT AND PETITIONING CREDITORS' NAMES. past two, div.--Maund, J. T. laceman, hosier, and bazaar F. J. and Shaw, G. L. attorneys, Cheapside, Sept. 9 keeper, Birmingham, Dec. 23, at eleven, div.-Phillips, J. Debts paid by Reed: -Robson, R. and Belaney, J.COM Gazette, Nov. 28. ATKINS, GEORGE, brewer, Liverpool, Dec. 12, at twelve, and 16, at two, last exam.--Solomon, s. tailor, Stroud, Dec. 11, son, T. watch case manufacturers, Liverpool , Nor. Il tailor, Pinner's-ct. and Brunswick-ter. New Peckham, Dec. burners, North Sunderland, Nov. 14.–Smilk, W. and 172 Jan. 13, at eleven, Liverpool, Com. Phillips ; Cazenove, off. at half-past eleven (adj. Oct. 2), last exam.-Wells, T. W. Spoforth, T. and Tate, B. lime burners, Knotting ass.; Bridge and Blake, London-wall, and Dodge, Liverpool, merchant, Devonshire-st. Portland-place, Dec. 23, at three, Nov. 15. Debts by Spofforth.-Steele, E. Cunningtea, I. sols. Date of fiat, Nov. 24. W. Crutchley, pawnbroker, div. and Steele, J. grocers, Richmond and Mortlake, so far Liverpool, pet. cr. gards E. Steele and H. Cunnington. June 3.- Summerheid, BOND, GEORGE, licensed victualler, Coffee House Hotel, Meetings in the Country. W. L. Fair, T. and Roebuck, W. R. as drysalters , Literal , Epsom, Surrey, Dec. 3, at half-past one, and Jan. 7, at Gazette, Nov. 28. Nov. 27.- Taylor, J. Chadwick, J. and Simpra, two, Basinghall-st. Com. Evans; Bell, off. ass. ; Pile, throwsters, Manchester, so far as regards Chadwick , Ne, Castle-st. Holborn, sol. Date of fiat, Nov. 22. Bank Ashbarry, J. farmer and timber merchant, Holm Lacy; 24.-Walton, H. and I. H. corn millers, Worles-mile rupt's own petition. Herefordshire, Dec. 10, at eleven, Birmingham, aud. and Lancashire, Nov. 14. Debts paid by H. Walton. Wilsker, COOKE, MARK, joiner, builder, and licensed victualler, final din:---Baines, I, grocer: Manchester, Diec. 20; at twelte: T. and G. farmers, Warbleton, Herstmonceur. Wartike, Denton, Manchester, Dec. 10 and Jan. 7, at twelve, Man- Manchester, aud. --Barry, E. victualler, Bristol , C. W. and Smarjorie, 3 newspaper proprietors, Carmarthen, Nov. 20. Debia paid be fields, and Brooks, Ashton-under-Lyne, sols. Date of fiat, ter, Dec. 22, at twelve, Manchester, aud.- Dalton, J. joiner, Spawforth, Nov. 21. Bankrupt's own petition. Salford, Dec. 20, at twelve, Manchester, aud.-Goodall, G. Ensolvents ELLIS, THOMAS, boot and shoe maker, Wisbech Saint victualler, Ashton under Lyne, Dec. 20, at twelve, Manches- Petitioning the Courts of Bankrupley. Peter's, Isle of Ely, Cambridgeshire, Dec. 9, at half-past ter, aud. --Graham and Co. merchants, London, Dec. 22, at Gazette, Nov. 25. one, and Jan. 8, at twelve, Basinghall-st. Com. Evans; twelve, Manchester, aud.-Haigh, J. clothier, Hogley, Al. PETITIONS TO BE HEARD AT BASINGHALL Johnson, off. ass. ; Fladgate and Co. Essex-st. sols. Date mondbury, Yorkshire, Dec. 20, at eleven, Leeds, to aud. and STREET. Dec. 16, at eleven, Bristol, proof of a debt.-Lilly, J. farmer, Batchelor, H. J. carpenter, Eden-place, Hounslow, Nr. FORRESTER, THOMAS MÄLAREN, woollen factor, 8, Hanbury, Dec. 17, at eleven, Birmingham, last exam.--Love, 29, at eleven.-Dennis, J. tailor, Chester-terrace, Borepla Gresham-st. City, Dec. 12, at half-past two, and Jan. 16, at W. ivory and hard wood turner, St. Augustine'g-back, near road, Nov. 29, at eleven.--Eldred, J, blacksmith, Ratas, one, Basinghall-st. Com. Holroyd; Groom, off. ass. ; Soles College-green, Bristol, Dec. 29, at eleven, Bristol, to aud. Nov. 29, at twelve.-Farley, T. H. clerk, Riehmendast and Co. Aldermanbury, sols. Date of fiat, Nov. 24. R. and Dec. 30, at eleven, div.-Rawlings and Rawlings, cabi. Walworth, Nov. 29, at half-past elesen.-Grifin, E. par. Cons Bramley, T. Hirst, H. Skelton, H. Skelton, jun., and w. net makers, Cheltenbam, Dec. 29. at twelve, Bristol, aud.- inaster in the navy, on half-pay, Hunter-st. and HenriettaD. Skelton, manufacturers, Leeds, pet. crs. Schofield, J. grocer, Oldham and Greenacre's-moor, Dec. 22, Brunswick-sq. Dec. 6, at' three.--Hubbard, J. pleate, PALMER, ANDREW, druggist, Feltwell, Norfolk, Dec. 9, at at twelve, Manchester, aud.--Turner, W. cabinet maker, High-st. Newington Butts, Dec. 4, at one.-I., I. twelve, and Jan. 6, at one, Basinghall-st. Com. Shepherd; joiner, and builder, Manchester, Jan. 8, at twelve, Manches. baker, Portland-place South, Clapham-road, New Turquand, off. ass. ; Isaacson and Co. Norfolk-st. sols. ter, to aud. and Jan. 9, at twelve, div.-Warburton, 11. joiner, at twelve. -Reed, J. paper hanger, Cumberland-298 Date of fiat, Nov. 24. R. Clifton, merchant, Brandon, Manchester, Dec. 22, at twelve, Manchester, aud.-Watts Battle-bridge, Dec. 4, at one. --Taverner, H. J. Comisia Shan Suffolk, pet. cr. W. R. chymist and druggist, Argyle-st, Bath, Dec. 22, at traveller, Grove-road, Mile-end, Nov. 29, at hall-pelle eleven. ROBINSON, HENRY, share broker, 2, Copthall-chambers, one, Bristol, to aud. and Dec. 23, at twelve, div. -Young, J. plumber, Bolingbroke-road, Battersea, Dec.hr Copthall-ct. City, Dec. 9, at half-past eleven, Jan. 13, at MEETINGS FOR ALLOWANCE OF CERTIFICATES. at eleven. eleven, Basinghall-st. Com. Shepherd ; Graham, off. ass.; COUNTRY. Cannell, J. F. bookseller, Liverpool, Dec. 23, at twelve, Spiller, Camomile-st. sol. Date of fiat, Nov, 25. w. Liverpool.- Reynolds, R. cabinet maker, Manchester, Dec. Manchester. --Child, w. cabinet maker, Burlem, Dec. See Birtwell, J. blacksmith, Over Darmen, Dec. 9, at twelve , Chick, butcher, St. Mary-axe, pet. cr. 20, at twelve, Manchester.- Wardell, W. J. wine merchant, half-past ten, Birmingham.-Flint, J. out of business, Note SNAITI, Thomas and George, ironmongers and plumbers, Pickering, Dec. 22, at eleven, Leeds. Bishop Auckland, Durham, Dec. 11, at half-past twelve, tingham, Dec. 11, at half past ten, Birmingham. Gazette, Dec. 2. Jan. 14, at two, Newcastle, Com. Ellison ; Wakley, off. MEETINGS AT BASINGHALL-STREET. Bower, A. banker, Basford, Staffordshire, and Manchester, ass. ; Hoyle, Newcastle, and Crosby and Co. Church-ct. old Jewry, bols. Date of fiat, Nov. 10. J. Robson, marine bart. London. Railton, J. Manchester, Railton, J. and Dec. 23, at twelve, Manchester, fur. div.-Graham, Sir R. Page, F. surgeon, Newmarket, Dec. 18, at eleven, sad. store dealer, Newcastle-upon-Tyne, pet. cr. MEETINGS IN THE COUNTRY. Young, J. London, merchants and warelıousemen, Dec. 23, Daniel, T. music seller, Castle Cary, Dec. 18, at eleven Gazette, Dec. 2. at twelve, Manchester, fur. div.-Hobhouse and Co. bankers, Bristol, aud.--Goodland, J. butcher, Chew Magna, Dee. I BALDWIN, BENJAMIN, warehouseman and draper, Henry Bath, Jan. 27, at eleven, Bristol, joint aud.- Hornby, B. at one, Bristol, aud. st. Liverpool, Manchester, and Old Jewry, Dec. 13, at innkeeper, Hoylake, Dec. 23, at half-past eleven, Liverpool, eleven, Jan. 17, at twelve, Basinghall-st. Com. Goulburn; aud.--Parker, J. cabinet maker, Cheltenham, Dec. 23, at Gazette, Nov. 28. Follett, off. ass. ; Mardon and Prichard, Newgate-st, sols. twelve, Bristol (adj. Oct. 3), last exam.- Parry, D. currier, PETITIONS TO BE HEARD AT BASINGHALL Date of fiat, Nov. 26. C. Candy, C. Teakle, and E. Truana, Ruthin, Dec. 23, at twelve, Liverpool, aud.-Schofield, J. STREET. merchants, Watling.st. pet. crs. grocer, Greenacre's-moor, near Oldham, Lancashire, Dec. Carter, G. assistant to a brewer, Portobello-terrace, kes BROMILEY, Jonn, manufacturers, Bolton-le- Moors, Lanca- 23, at twelve, Manchester, first div.--Segré, M.J. merchant, sington, Dec. 4, at eleven. LOT sbire, Dec. 13, at eleven, Jan. 2, at eleven, Manchester; Lirerpool, Dec. 18, at twelve, Manchester, to choose new MEETINGS IN THE COUNTRY. Hobson, off. ass. ; Sutton, Manchester, and Glover, Bol- ass.--Sugden, J. and D. fancy cloth manufacturers, Spring- Castell, s. carpenter, Swainswick, Dec. 23. at eleres, fiat, Nov. 21. J. Wild, cotton spinner, field, Kir ton, sols. Date urton, ar No Idersfield, York, Dec. 23, at eleven, Bristol, aud.--Craren, J. miller, Leeds, Dec. 16, at eleven, Shuttleworth, pet. cr. Leeds, sep. aud. of Sugden, J. and first ser. div.-Warbur- Leeds, aud. Dec. 18, at eleven, div.--Gee, W. butcher , she CLARK, JOHN, merchant, Crescent, Minories, Dec. 10, at ton, H. joiner and builder, Harpurhey, Manchester, Dec. 23, field, Dec. 16, at eleven, Leeds, aud. Dec. 18, at eleven , da. two, Jan. 20, at twelve, Basinghall-st. Com. Evans; John at twelve, Manchester, first div. -Haton, w. miller, West Tanfield, Dec. 16, at eleven Juris son, off, ass.; Marten and Co. Mincing-lane, sols. Date MEETINGS FOR ALLOWANCE OF CERTIFICATES. Leeds, aud. Dec. 18, at eleven, div.-Jones, J. victualler , of fiat, Nov. 28. Bankrupt's own petition. There the LANG, Lucy, and SMITI, ANN BAYLEY, private boarding- Boddy, T. mahogany and timber merchant, Leeds, Dec: Bristol, Dec. 23, at eleven, Bristol, aud.–Singer, W. grocer , house and lodging-house keepers, 33, Charterhouse-sq. and 23, at eleven, Liedossa Llornby, B. innkeeper, Hoylake, Dec. joiner, Dewsbury, Dec. 16 , at eleven, Leeds, aud. 11, Charterhouse-st. Dec. 12, at eleven, Jan.8, at one, Basing. 23, at eleven, Liverpool. hall-st. Com. Evans; Johnson, off. ass.; Hindmarsh and Son, Jewin-crescent, sols. Date of fiat, Nov. 27. W. Partnerships Dissolved. Bankrupts. Roberts, butcher, Fore-st. Cripplegate, pet. cr, Gazette, Nov. 25. this C MAYLARD, JOHN, grocer and tea dealer, 120, Fetter-lane, Allhuson, C. and Romyn, P. commission merchants, Dec. 19. at one, Jan. 16, at two, Basinghall-st. Com. Hol- Stockton, Middlesbrough, and Hartlepool, Nov. 19.--An Spong, J. coal merchant, Ockham, Surrey.- Edcords, roga; Edwards, off, ass.; Johnson, Walcot-89. Lambeth, drews, A. and H. paper-bangers. Angel-pl, Islington, Sept: Gray’s- Inn-lane.--Le Roy, E. wine merchant, Portionen J. C. bill broker, Conduit-street. M'Dermott, J. victualer , sol. Date of fiat, Nov. 28. Bankrupt's own petition. Debts paid by H. Andrews:- Barclay, C. and place.--Elliott, 3. coal merchant, Bristol.—Mana, d.great, Paillips, Samuel, hatter and share broker, Kingston Frost, M. A. confectioners, Birkenhead, Nov. 21. upon-Hull, Dec. 15 and Jan. 19, at eleven, Leeds, Com. paid by Barclay.-Batkin, W., Walker, 'T. H. and Broad Warwick. Date of fiat, Nov. 19. S. Phillips, hatter and share brewers, Hull, Nov. 22.Dobson, T. o. and Ellerkamp, G, ADVERTISEMENTS. broker, Hull, pet. cr. stock brokers, Liverpool, Nov. 17.-- Dosseher, G. H. and Carmi REDWOOD, Edward, the younger, ching and glass dealer, Habighorst, F. sugar refiners, Finch-st. Whitechapel, Nov. ARTRIDGE'S RAILWAY PENS, unBloomsbury, Dec. 12, at twelve, Jan. 8, at eleven, Basing. 21. Debts doubtedly the best ever manufactured. - To be had Cheapside, sol, Date of fiat, Nov.26. W. Kelly, bill broker, paid by T. Gossling, klartley, W. and Pilling, M. and M. street), where every article in Stationery may be obtainede 6, Bank-chambers, pet. cr. TAYLOR, WILLIAM Guy, and Guy, ELIZABETH, hosiers Debis paid by Messrs. Pilling.--Hunter , E. and w: in London where a single ream can be really bad at the and glovers, Lord-st. Liverpool, Dec. 16 and Jan. 6, at quarrymen, Huyton and Liverpool, Nov. 20. Debts paid by wholesale price. twelve, Liverpool, Com. Phillips ; Morgan, off, ass.; Reed, E. Hunter. --Jones, E, and Dyson, w. share brokers, Huda Solicitors' Fine Draft Paper Friday-st. and Greatley, Liverpool, sols., Date of fiat, dersfield, Nov, 22.--Kitson, R. and Garthwaite, J. flax Nov. 28. J. S. Margetson and J. J. Welch, warchouse- spinners, Halifax, Nov. 21. Debts paid by Kitson.--Lamb, Best lined Brief or Poolscap .... 18 6 Inferior papers at lower prices. men, Cheapside, pet. crs. W. and Axford, T. in the business of a ready made linen warehouse, Upper-st. Islington, Nov. 21. A Name-plate and 100 Cards neatly executed for 85. bd. Debts paid by Meetings at Basinghall-street. Lamb.-- Macfarlane, J. and Burt, W. M. share brokers, Manchester, Nov. 17. WRITING INK. Debts paid by Macfarlane.--Monk. CHITAKER and CO'S FRENCH JET W WRITING INK. - This freely flowing Ink in Henrietta-st. Covent-garden, and now apothecary, Waldiv.-- Jackson, w. paper-hanger, house painter, and deco 3. and Brogden, J. under the firm of the Road Cleansing Records and Ottice use, &c. as TIME and CLIMATE Call 3 Debts paid by Musgrave.-Whitworth, J. , Spear; its durability it will be found the best Ink manufactured fer rator, 24, Charlotte-st. Fitzroy.square, Dec. 22, at half . Company, Manchester, and elsewliere, so far as regards efface its brilliancy. and and past twelve, div.-Knyrett, E. teacher of music, and mu- | Brogden, Oct. 17.-Woolcott, G. and G. jun. builders, wholesale at the manufactory, 69, Hatton-garden, London, , Great Stanmore, -inn-and . sex, Dec. 19, at one, div.-M'Laughlin, E. hair and glue Gazette, Nor. 28. merchant, Long-lanc, Bermondsey, Dec. 23, at eleven, NEW SAUCE. Barlow, F. P. G. E. P., and H. P. wine merchants, Little div.-May, E. draper, 34, Aldgate High-st. City, Dec. 19, at eleven, div.-Peters, J. innkeeper and farmer, God Bridge-st. Blackfriars, Nov. 26. Debts paid by F.'P. and THE TAUNTON SAUCE. – This choice stone, Surrey, Dec. 19, at twelve, div.-Poynter, W. inn. Debts paid by" e. 2. Betts.--Bradshaw, Jerana Alent , G: lays claimdo that of complete originality ; nothing similar and delicious condiment, in addition to other merite , betere a church.yard, City, Dec. 19, at hair.past one, slaters, Liverpool, Nov. 25.--Chapman, 1. d. Kennard, 9. it having hitherte been brougbt before the public. Ale tento div.-Richardson, W. wine merchant, King-st. Coventmotherfield-st. "Islington, and Hensman, J. A. Margate, tea-dealers, Broad-st. Bloomsbury, and Aldersgate-st . Nor: singular relish and the inventress (a lady of great ident garden, Dec. 19, at half.past eleven, final div.-Suift, T. 2. Kennard, April 14.- Constable, H, and Phillips, G. R: Soups, Game, Steaks, Curries, and cold meats, it impartire Roth formerly of copthall-st. City, bill brokers, Dec. 19, at 27:-- Holcr'ist, T. and Fisher, J. silk manufacturers, blan: rience, under whose handi" the Sauce is prepared piele becomes, at twelve, div. --Well, C. apothecary, Oxford, Dec: bridle cutters: Walsall, Oct. 21.-Johnson, J. and Gold: tive of digestion, and rather beneficial than injurious et keepers and coach proprietor, Eaton Socon, Bedfordshire , facturers, Tividale , Nov. 27 :- James, E. and Goodwin, y: those of most sainers, comprise nothing but what is stive 22, at twelve, joint div. of bankrupt and T. Godfrey. MEETINGS FOR ALLOWANCE OF CERTIFICATES: dale, April 14. Debts paid by Law.-Kennard, S. P. and patroriage will be insured. by Johnson.-Kelly, J. and Law, J. coal proprietors, Roch- the full confidence that, if this be accorded to it, subsequent Markwick, M. builder, Harpur-street, Dec. 22, at eleven Chapman, T. D. merchants, London and Hobart-town, Gazette, Dec. 2. Wholesale Agent, Messrs. Batty and Co. Finsbury:pata. on Burdeje a one seriyanet ' exame=Flynn, v. c. merchant, Munster-st. Nov. 21 in Parkinson, Park and Hayeon menos: keret, Seven Pieces Taylor, Regent-streng Lower Thames-st. Dec. 11, at eleven (adj. Sept. 13), last attorneys, Gray's-inn, Aug. Debts paid by Parkinson.-- Gracechurch-street; and esan.--Marks, E. M. upholsterer, 21, Mortimer-st. Caven- | Pool, T. and Lofthouse, J. postmasters, Scarborough, Nov. and oilmen throughout the country. |
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