tomley, Stainland, near Halifax, out of business.-Samuel Musgrave, Armley, near Leeds, out of business.-Robt. Par. kinson, Horton, near Bradford, mechanic.- William Brook, Kirkgate, Leeds, tobacconist.-Matthew Schofield, Dudleyhill, Bradford, mechanic.-John Atkinson, Leeds, out of busi—Wm. ness.-John Duce, Armley, near Leeds, cloth weaver.— Jepson, Hunslet, near Leeds, coal leader. - Peter Briggs, Wike, Birstall, labourer.-J. Wrathwell, Cleckheaton, Birstall, card-maker.-Geo. Hemingway, Elland Upper Edge, near Halifax, labourer.-Jas. Briggs, Goodman's-end, near Bradford, labourer.-Joseph Turkington, Ripon, tinner. Adjourned. Jos. Mitchell, Selby, cooper. June 21, at the same hour and place. Saml. Skinner, Sheffield, penknife cutler.-John Smith, Bradford, stay maker.-Amos. Hobson, Nether Throng, near Huddersfield, cloth finisher.-John Anderson, Sheffield, gardener.-Chris. Hepper, Bradford, auctioneer.-Saml. Pearce, Harthill, near Sheffield, surgeon.-Rich. Mabbott, Sheffield, shoemaker.-Thos. Proctor, Ripon, printer.-Geo. Wilson, Lindley, near Huddersfield, cloth merchant.-Henry Wood, jun., Kirby Malreard, near Ripon, labourer.-Wm. Buckley, New-mill, near Huddersfield, fancy woollen cloth manufacturer.-Thos. Frankland, Wiston, near Selby, shoemaker. Wm. R. Shaw, Sheffield, professor of music.-Geo. Peace, Denby-dale, near Huddersfield, dealer in fancy stuff goods.Francis Pickersgill, Bolton, with Harrogate, painter.-John Midgley, Leeds, tobacconist.-George Field, Daw-green, near Dewsbury, blanket raiser.-Joseph Marsden, Sheffield, edge tool maker.-John Wood, Westgate-common, near Wakefield, labourer.-Wm. Baines, Wakefield, coal merchant.-J. Servant, Headingley, near Leeds, out of business.-Edw. Green, Leeds, bird stuffer.-James Wimpenny, Leeds, manager at a woollen mill.-John Slingsby, Stanningley, near Leeds, out of business.-The Rev. John Boyle, Brighouse, near Halifax, clerk.-Geo. Johnson, Leeds, fruiterer. June 22, at the same hour and place. John Rayner, Halifax, stuff merchant.-Wm. C. Dey, Doncaster, appraiser.-Rich. Thornton, Padock, near Huddersfield, dyer.-Saml. Lawson, jun., Leeds, iron moulder.-T. Dickinson, Huddersfield, provision dealer.-Saml. Kitson, Bradford, pipe maker.-Thomas Brigg, Ovenden, near Halifax, woolcomber.-Alice Hopkinson, Batley Carr, near Dewsbury, mason.-Jos. Bottomley, Manchester-road, near Bradford, woolcomber.-Joseph Shires, Stanningley, out of business.-Moses Cromack, Rawden, near Leeds, teazle dealer.— Thos. Holdsworth, Bradford, shopkeeper.-William Parker, Draughton, near Skipton, publican.-Henry Smithies, Kelam-bar, near Thornton, near Bradford, worsted stuff manufacturer.-Wm. Bancroft, Halifax, stuff manufacturer.-M. Hargreaves, Horton, near Bradford, beer seller.-R. Ashworth, Birksland, near Bradford, dyer.-Joseph Bradshaw, Birksland, near Bradford, woolcomber. William Pryor, Sheffield, plumber.-Geo. Carver, Huddersfield, stationer. John Longbottom, Wilsden, near Bingley, cotton warp dealer. -Sarah Blackburn, Low Harrogate, near Knaresborough, builder.-John Ward, Dewsbury, joiner.-Thomas Cooper, Barnsley, out of business.-Richard Wilson, Bradford, mason. -Edw. Haley, Birksland, near Bradford, woolcomber. June 23, at the same hour and place. Joseph Beanland, Birkenshaw Bottoms, near Bradford, brick maker.-Edw. Smith, Scholes, near Holmfirth, out of business.-John Clegg, sen., Batley, near Dewsbury, coverlet manufacturer.-Joshua Tolson, Dalton-green, near Huddersfield, farmer.-John Atkinson, Goole, joiner.-Thos. Banks, Rimmington, near Gisburn, shopkeeper.-Geo. Parsons, Halifax, out of business.-Geo. Wilson, Leeds, commission agent for the sale of woollen goods.-Richard Walton, Eccleshill, near Bradford, cloth maker.-John Taylor, Scholes, near Rotherham, farmer.-Thos. Mosley, Wakefield, confectioner.-Edw. Mirfield, Leeds, beer seller.-Abraham Holt, Northowram, near Halifax, out of business.-Abraham Hodgson, Birkenshaw, rope maker.-Chris. Harrison, Idle, near Bradford, shopkeeper.-Joseph Megson, Alverthorpe, near Wakefield, weaver.-Mary Wilcock, Waterloo-road, near Halifax, dressmaker.-John Rhodes, Birstall, near Leeds, book-keeper.-J. Naylor, Horsforth, near Leeds, shopkeeper.-Edw. Porter, Leeds, out of business.-Geo. Marsh, New Mill, Holmfirth, near Huddersfield, out of business.-Saml. Winn, Ripon, Wm. Armitage, Batley, near Dewsbury, weaver.-W. Carter, Huddersfield, draper.-Joseph Stockwell, Armitage-bridge, cloth dresser.-Wm. Sykes, Mills-bridge, near Leeds, shopkeeper.-Saml. Blackburn, Islington, in Beeston, near Leeds, out of business.-H. S. Bailey, Leeds, wool sorter. Court-house, Presteigne, Radnorshire, June 22 at 10. James Meredith, Clorow, farmer. MEETING. James Kidd, Brentford, Middlesex, omnibus proprietor, June 15 at 11, Insolvent Debtors Court, Lincoln's-inn-fields, pr. debts. INSOLVENT DEBTORS' DIVIDENDS. Edmund Prior, Great Bookham, Surrey, grocer, June 1, Dolman's, 14, Clifford's Inn: 1s. in the pound.—Jos. Jackson, March, Isle of Ely, Cambridgeshire, surveyor, June 4, Woodward's, March, or Woodward's, 28, Bouverie-st., London: 6d. in the pound.-Thomas Baker, commander in the royal navy, June 1, Davies', 51, Leicester-sq.: 6s. 3d. in the pound.-William Walker, Manchester, publican, June 3, Blair's, Manchester: 18. 84d. in the pound.-Percival Simp son, Kinniside, St. Bees, Cumberland, yeoman, June 4, Atkinson & Son's: 16s. 8d. in the pound.-Henry Woolcock, Redcross-sq., Cripplegate, stocking and glove dyer, June 4, Madox & Wyatt's, 30, Clement's-lane: 1s. 84d. in the pound. FRIDAY, JUNE 3. DECLARATION OF INSOLVENCY. THOMAS LONG, Beaufort-place, St. Luke, Chelsea, coal merchant. BANKRUPTS. WILLIAM CHAPPELOW, Long-acre, bridle-cutter, June WILLIAM HARPER, Cowper's-court, Cornhill, merchant, JOHN GOODER, Rastrick, Halifax, Yorkshire, fancy cloth manufacturer, June 14 at 11, and July 15, at 12, George Hotel, Huddersfield; Sols. Whitehead & Robinson, Huddersfield; Clarke & Medcalf, 20, Lincoln's-inn-fields.-Fiat dated May 27. EDMUND ASHWORTH, Manchester, innkeeper, June and July 15 at 11, Commissioners'-rooms, Manchester: Sols. Chew, Manchester; Adlington & Co., Bedford-row.— Fiat dated May 30. GEORGE BOWER, Woodale, near Holmfirth, Kirkburton, Yorkshire, woollen cloth manufacturer and clothier, June 11 at 10, and July 15 at 2, George Hotel, Huddersfield: Sols. J. Cornthwaite, Liverpool; D. Cornthwaite, Dean's-court, Doctors'-commons.-Fiat dated May 26. JOHN BAINBRIDGE, Richmond, Yorkshire, iron founder, June 24 at 3, King's Head Inn, Richmond, and July 15 at 10, Golden Lion Inn, Northallerton: Sols. Hunton, Richmond; Addison, 8, Mecklenburgh-sq.-Fiat dated May 11. WILLIAM WALKER, Burton-upon-Trent, Staffordshire, mercer and draper, June 17 and July 15 at 12, White Hart Inn, Burton-upon-Trent: Sols. Drewry, Burton-uponTrent; Bicknell & Co., 57, Lincoln's-inn-fields.-Fiat dated JOHN NOTTINGHAM, Cheltenham, Gloucestershire, picture dealer, June 15 and July 15 at 11, Royal Hotel, Cheltenham: Sols. Bubb & Co., Cheltenham; Roy & Co., 42, Lothbury.-Fiat dated May 28. HENRY WILLIAM JACKSON, Haverhill, Essex, wine merchant, June 17 at 4, and July 12 at 2, Rose and Crown Inn, Saffron Walden: Sols. Jardine, Stoke next Clare; Holmes, 6, Liverpool-st., London.-Fiat dated May 17. MEETINGS. Humph. Donaldson, Buckingham-st, Strand, army agent, June 14 at 1, Court of Bankruptcy, pr. d.-Joseph Charles Clarke, Water-lane, Great Tower-st., wine merchant, June 1 at 11, Court of Bankruptcy, last ex.--John P. Clarke and Osm. Lewis, Crown-ct., Threadneedle-st., newspaper agents, June 24 at 11, Court of Bankruptcy, last ex.-Chas. Richardson, Bramley, Surrey, builder, June 24 at 12, Court of Bankruptcy, last ex.-Francis Sandars and Chas. Sandars, Derby, corn merchants, June 11 at 10, Royal Hotel, Derby, last ex. —Chas. Goodman, Northampton, cutler, June 13 at 11, Stag's Head Inn, Northampton, last ex.-Henry Edlin, Brighton, Sussex, tavern keeper, June 13 at 12, last ex.-Elisha Oldham and Thes. Oldham, Chalford and Cheltenham, Gloucestershire, builders, June 27 at 12, Royal George Hotel, Stroud, last ex. -Wm. Thompson, Princes-st., Spitalfields, hat manufacturer, June 24 at 11, Court of Bankruptcy, aud. ac. and div.-Sam. Lane, Horton Old Town, Old-street-road, victualler, June 25 at 11, Court of Bankruptcy, aud. ac.-Abr. Hen. Chambers, sen, and Abr. Hen. Chambers, jun., New Bond-st. and South Molton-st., bankers, June 14 at half-past 1, Court of Bankruptcy, aud. ac.-John Dover, Three Cranes Wharf, merchant, June 27 at 12, Court of Bankruptcy, aud. ac.-Pet. Perring Thoms, Warwick-sq., printer, June 27 at 1, Court of Bankruptcy, aud. ac.; at half-past 1, fin. div.--Edward Bailey, Mount-st., Grosvenor-sq., upholsterer, June 27 at 11, aud. ac.; at half-past 11, div.-William Mells and John Turlay, Manchester, tailors, June 27 at 12, Commissioners'-rooms, Manchester, aud.ac.; at 11, div.-I. Evans, Bridgend, Glamorganshire, ironmonger, June 25 at 11, Cardiff Arms Inn, Glamorgan, aud. ac.-A. Procter and R. Procter, Kingston-uponHall, coach-proprietors, July 2 at 11, George Inn, Kingstonupon-Hull, aud. ac. joint and sep. est.-J. Macaire, Jas. Linnemann, and Jos. Chas. Berger, Liverpool, merchants, June 28 at 12, Clarendon-rooms, Liverpool, aud.ac.; at 2, div—A. Cook, Manchester, commission-agent, July 1 at 11, Commissioners'rooms, Manchester, aud. ac.-John Railton and James Pavey, Manchester, and Colne, manufacturers of mousseline de laines, June 28 at 11, Commissioners'-rooms, Manchester, div.; at 12, aud. ac.-Benj. Tattersall and Thos. Tattersall, Liverpool, corn merchants, June 27 at 1, Clarendon-rooms, Liverpool, aud. ac.; at 2, div.-Robert Clough and B. M. Galan, Poulton-cum-Seacombe, Cheshire, alkali manufacturers, June 27 at 12, Clarendon-rooms, Liverpool, aud. ac.-Jas. Knight, Wigan, and Haydock, Lancashire, butcher, June 28 at 1, Swan Inn, Great Bolton, aud. ac.-John Prescott, Upholland, Wigan, innkeeper, June 28 at 1, Swan Inn, Great Bolton, and ac.; at 2, div.-John Jackson, Poultry, City of London, glass dealer, June 24 at half-past 11, Court of Bankruptcy, fin. div.-Wm. Maton and Jas. Hudson, Fore-st., leather-sellers, June 24 at half-past 1, Court of Bankruptcy, div.-Samuel Chappell, Lawrence-lane, butcher, June 24 at 1, Court of Bankruptcy, div.-Wm. Henry Hutchins, Whitechapel-road, linen-draper, June 13 at half-past 1, Court of Bankruptcy, div.-Wm. Legh, New Windsor, Berkshire, corn-dealer, June 24 at 11, Court of Bankruptcy, fin. div.- John Johnson, Nantwich, Cheshire, druggist, June 29 at 11, Crown Inn, Nantwich, aud. ac.; at 12, div.-Wm. Comer, Nantwich, Cheshire, ironmonger, June 29 at 1, Crown Inn, Nantwich, aud. ac.; at 2, div.-John Marsdon, Manchester, corn-dealer, June 25 at 10, Commissioners'-rooms, Manchester, pr. d.; at 11, and. ac. and div.-John Wood and Thomas Wood, Leeds, cloth manufacturers, June 25 at 10, Commissioners'-rooms, Leeds, aud. ac.; at 11, first and fin. div. joint and sep. est. -Tho8. Marshall, Ilkeston, Derbyshire, grocer, June 27 at 11, New Inn, Derby, aud. ac.; at 1, fin. div.-Wm. Carr, South Shields, Durham, grocer, June 24 at 11, Bankrupt Commission-room, aud. ac. and div.-John Matson Rigden, Wingham, Kent, maltster, June 27 at 12, Guildhall, Canterbury, and. ac. and div.-Robert Neech, sen., Kirkley, Suffolk, farmer, June 27 at 11, King's Head Inn, Beccles, aud. ac. and div.-J. Holt, Livesey, Lancashire, grocer, July 15 at 11, Town-hall, within Preston, aud. ac.; at 12, div-Benj. Read, Worcester, wine-merchant, June 23 at 2, France's, Worcester, aud. ac. and div.-Wm. Curtis, King's Lynn, Norfolk, common brewer, June 25 at 11, Duke's Head Inn, King's Lynn, aud. ac. and div.-John, Green and William Green, Wetherby, Yorkshire, timber merchants, June 27 at 11, at the Guildhall, York, div. CERTIFICATES to be allowed, Unless Cause shewn to the contrary, on or before June 24. James Thornton, Leicester, builder.-Robert H. C. Hunt, Old Broad-st., City of London, and Hamburgh, Germany, merchant.-Thomas Willacy, St. Helen's, Windle, Lancashire, corn-dealer.-Wm. Batson and Henry Joseph Bissell, Lea-brook, New Iron-works, Tipton, Staffordshire, iron masters.-George Horatio St. Clair, Birmingham, pawnbroker.— David Nutt, Stratford-green, Essex, merchant.-Thos. Bull, Minories, grocer.-Ed. Green, Clifford-street, Bond-street, tailor.-John Crowe, Sunderland, Durham, innkeeper.-Russell Bowlby, Bishop Wearmouth, Durham, scrivener.- William Hunt, jun., Moat Iron-works, Tipton, Staffordshire, ironmaster. PARTNERSHIP Dissolved. John Parker and Francis Higgins, Worcester, attornies and solicitors. SCOTCH SEQUESTRATIONS. James Black, Aberdeen, merchant.-A. G. and J. Baxter, Glasgow, saddlers. INSOLVENT DEBTORS. The following Prisoners are ordered to be brought before the Court, in Portugal-st., on Friday, June 24 at 9. Robert Walker, Swan-street, Trinity-st., Borough, Surrey, brewer's clerk.-John Saint George Puckridge, Rosomondbuildings, Islington-green, traveller on commission.- David Stevens, Brewer's-green, Westminster, blacksmith.-Thomas Wm. T. Prescott, Ebury-street, Pimlico, out of business.Geo. Wilkinson, Princes-street, Spitalfields, out of business. -Geo. Wilson, Worship-street, Norton Folgate, carpenter.Jos. Jarmain, Prospect-place, Chelsea, bill-broker.-Frances Coghlan, Vauxhall-st., Vauxhall, Surrey, out of business.Edmund D. Hacker, Grange-place, Grange-rd., Bermondsey, Surrey, plumber.-Thos. B. Eaton, Horsely-buildings, Lady Lake-grove, Mile-end, pensioner, as a commodore from the Honourable East India Company's Service.-Caleb R. Bury, Huddersfield, Yorkshire, and Belle Sauvage Tap, Ludgate-hill, London, drysalter.-Chas. Low, Robinson's-row, Kingsland, out of business.-Jacob Mills Davey, Canterbury, Kent, land surveyor. June 25, at the same hour and place. John Clark, Maiden-lane, Queen-st., out of husiness.-G. A. Penton, Pembroke-sq., Kensington, clerk to a brewer.— John Davis, Hampton-common, Hampton, carpenter.-Geo. Rogers, Little George-st., Bermondsey, Surrey, dealer in coals. -Chas. Murton, St. Martin's-court, Leicester-sq., stationer. -Robt. Whatley, Shoe-lane, broker. -Henry Davis, Yorkst., Westminster, tailor.-D. Fagioli, Great Warner-street, Clerkenwell, telescope manufacturer.-Wm. Bonner, Barbican, out of business.-Joseph Guy, Albert-place, Brandon-st., Walworth, Surrey, beer shopkeeper.-John Watts, jun., Albion-place, Thornhill-road, Islington, accountant.-Charles Danieli, Oxford-st., jeweller.-James Moon, South Bank, Regent's-park, solicitor. June 27, at the same hour and place. George H. Hancock, Brook-st., West-sq., Lambeth, tailor. H. H. Fox, Victoria-place, Portland-place, Clapham-road, Surrey, upholsterer.-Wm. Lane, Phoenix-yard, Princes-st., Oxford-st., out of business.-John Dreweatt, Mansion-house Dining-rooms, Bucklersbury, eating housekeeper.-A. G. Shearman, Earl-st., Edgware-road, out of business.-Saml. Worth, Richard-st., Commercial-road East, out of business. J. G. Cazaly, Hertford-rd., Kingsland, out of business.— L. P. Dixon, Cirencester-place, Fitzroy-sq., out of business. --Henry Elmore, John-st. West, Edgware-road, horse dealer. -Wm. Scott, Lebon-st., Cross-st., Islington, warehouseman. -J. Dempsey, New Church-st., Lisson-grove, paper stainer. -Anna Howdey, New Bond-st., milliner. Court-house, CARDIGAN, (County), June 25 at 10. William Thomas, Cellaw, farmer.-Thomas Richards, St. Dogmells, Pembrokeshire, mariner.-William Morris, Curf yryscaw, Tremain, labourer.-David Richards, Glanywern, Llanfihangel, Yystrad, out of business.-Thos. Jones, Nantyfin, Llanwenog, carpenter.-John Edwards, Gorsfack, farmer. Court-house, SHEFFIELD, (County), June 17 at 10. Henry Oakes, Sheffield, scissors smith. Court-house, WAKEFIELD, Yorkshire, June 24 at 10. George Roberts, Leeds, draftsman to Smith & Co.'s Victoria Foundry.-Wm. Thorpe, Goole, builder.-Joseph Wilson, Leeds, out of business.-John Wigglesworth, Thorpe, near Rotherham, out of business.-Wm. Neale, Stock-bridge, near Keighley, out of business.-Thomas Washington, Halifax, gardener. Joseph Beaumont, jun., Sheffield, out of business. -Edward Howitt, Leeds, out of business. -Joseph Walker, Leeds, dealing in woollen cloths.-Saml. Bottomley, Huddersfield, beerseller.-George Wilson, Burton in Lonsdale, beerseller. John Weir, Bradford, medical student.-Mary Waddington, Leeds, out of business.-J. R. Johnson, Rotherham, out of business.--John Wells, Sheepridge, near Huddersfield,_weaver.-Wm. King, Bawtry, out of business. Francis Farrand, Lascelles-hall, near Huddersfield, manufacturer's clerk.-J. Hewitt, Glasburn, near Skipton in Craven, labourer.-David Tong, Healey, near Dewsbury, blanket weaver.-Bernard Lee, Mirfield, near Dewsbury, waterman. -James Hinchliffe, Leeds, out of business.-John Oates, Dewsbury, machine maker.-Wm. Thompson, King-cross, near Halifax, out of business.-Robt. Deakin, Sheffield, clerk. -Samuel Calvert, Butternewton, near Wakefield, rope maker. June 25, at the same hour and place. of business. Robt. Tarrand, Sheffield, merchant.-W. w. MEETING. John Cole, Warwick, cordwainer, June 20 at 4, Tibbits's, Warwick, sp. affairs. INSOLVENT DEBTORS' DIVIDENDS. Henry Wills, clerk in the Customs, June 1, Taylor's, Finsbury-terrace, City-road: 28. 1d. in the pound.-James Lillicrap, Devonport, captain in the Royal Navy, Geare & Mountford's, Exeter: 48. 2d. in the pound.-Wm. H. Wheeler, Ryde, Isle of Wight, grocer, June 1, Peachey's, Salisbury-sq., London: 64d. in the pound.-Edward Clarke, Leicester, gun maker, June 4, Dudley's, Leicester: 18. 3d. in the pound. BUR Just published, in 4 thick vols., 8vo., price 31. 168. bds. *** Very considerable Additions have been made by the This day is published, price 58. 6d. boards, ORDINES CANCELLARIÆ; containing the Gene ral Orders of the High Court of Chancery, from the year 1814 to the present time. By CHARLES BÉAVAN, Esq., Barrister at Law. *** The Collection contains Fifty-five Sets of General Orders, the greater portion of which have never before been published. Saunders & Benning, Law Booksellers, 43, Fleet-street. Just published, price 38. HE LAW of JUDGMENTS as they affect REAL PROPERTY. By FREDERICK PRIDEAUX, of Lincoln's Inn, Barrister at Law. "Mr. Prideaux has collected the learning upon judgments with admirable precision and clearness, and we can safely pronounce his work one of very considerable merit and utility."Jurist. E. Spettigue, 67, Chancery-lane. PRINCIPLES OF THE LAWS OF ENGLAND. Just published, in 8vo., Second Edition, with considerable Additions and Improvements, PRINCIPLES of the LAWS of ENGLAND, in the various Departments, and also the PRACTICE of the SUPERIOR COURTS: in the form of Question and Answer; for the Assistance of ARTICLED CLERKS in preparing for Examination, and incidentally for the Use of Practitioners. By R. SARGENT, Solicitor. Part I.-Containing COMMON LAW and CONVEYANCING. Price 158. boards. N. 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Orders for THE JURIST given to any Newsman, or letters (post-paid) sent to the Office, No. 3. CHANCERY LANE, or to V. & R. STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late of Portugal Street), 26 and 39, BELLARD, will insure its punctual delivery in London, or its being forwarded on the evening of publica tion, through the medium of the Post Office, to the Country. London: Printed by WALTER M'DOWALL, PRINTER, 4, PEN BERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER and PUBLISHER, 3, CHANCERY LANE. Saturday, June 4, 1842. No. 283. LONDON, JUNE 11, 1842. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: House of Lords { E. Tamblo Barrister of the Inner ...... Temple, Barrister at Law. Privy Council Inner Temple, Barrister at Law. tion Committees ...... Inn, Barrister at Law. The Lord Chancellor's fE. T. HOOD, Esq. of the Inner Court 1 Temple, Barrister at Law. Master of the Rolls Court G. Y. ROBSON, Esq. of the Inner { Temple, Barrister at Law. Vice-Chancellor of Eng-TENISON EDWARDS, Esq. of the { So much of the foreign and domestic commerce of this country is now carried on by means of agents, that there are few parts of the English Commercial Law of greater practical importance than that which relates to the power of the factor to bind his principal. According to the rule, that the authority given to an agent is to be strictly followed, it was very early held, that a factor, who is an agent for the sale of goods, had no power, although the apparent owner, to pledge them. This, when it came, by a series of decisions, to be fully established, caused great apprehensions amongst the mercantile community, and threatened seriously to injure the commerce of the country. In consequence of applications to the Legislature, and after a Select Committee had reported on the subject, the 4 Geo. 4, c. 83, was passed, and afterwards amended by the 6 Geo. 4, c. 94, in which, and the cases since decided upon it, is to be found the law upon this subject, which has been in force until the present time. The provisions of that statute have, however, in many instances, been found insufficient; and in others, the construction put upon it by the Judges has rendered it nugatory; so that it was found necessary to have recourse again to the Legislature; and a Bill, intituled "An Act to amend the Law relating to Advances bonâ fide made to Agents intrusted with Goods," has passed through both Houses of Parliament, and only waits the royal assent to become part of the law. We propose, therefore, briefly to examine how far the 6 Geo. 4, c. 94, and the subsequent decisions upon it, have been altered or affected by this Bill. And in doing so we shall avail ourselves of a statement, some time since sent to us, which was read, on the 26th January, 1842, at a meeting of deputations from the Commercial Associations of Liverpool, appointed to consider the state of the Law of Principal and Factor, VOL. VI. V | | E. KEMPSON, Esq. of the Middle Court of Queen's Bench G. J. P. SMITH, Esq. of the Inner Temple; and Temple, Barristers at Law. A. V. KIRWAN, Esq. of Gray's Court of Common Pleas J. R. MARSHMAN, Esq. of Lin coln's Inn, Barrister at Law. W. M. BEST, Esq. of Gray's Inn, Ecclesiastical and Admi- ROBERT PHILLIMORE, Advocate ralty Courts Court of Review ...... in Doctors' Commons. {F. En, Barrister at Law. F. FISHER, Esq. of Lincoln's and afterwards printed. The 2nd section of the 6 Geo. 4, c. 94, enacted, that any person intrusted with and in possession of any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, wharfinger's certificate, warranty, or order for the delivery of goods, shall be deemed and taken to be the true owner of the goods mentioned in the document, so as to give validity to any contract to be made by such person for the sale of such goods, or the deposit or pledge thereof as a security for any money or negotiable security advanced or given upon the faith of the document; provided the party buying or taking a deposit of the goods has no notice that the person intrusted is not the real owner thereof. It will be observed, that this section only refers to a person intrusted with and in possession of the documents of title, and not the goods themselves; and a pledge of goods remained, as it was before the act, unprotected. The reason of this appears to have been, that the documents might be made to designate who the owner was, but the goods themselves could not; and he might, therefore, by a writing on the former, prevent the agent from deceiving other persons; which if he neglected to do, it was not unreasonable that he should suffer. The new act, however, removes this distinction; and by sect. 1, places an agent intrusted with the possession of goods upon the same footing as one intrusted with the documents of title. And whilst in the former act certain documents of title only are specified, the latter embraces all of them. The meaning of the 2nd section of the 6 Geo. 4, c. 94, came under the consideration of the Court of Exchequer in Phillips v. Huth, (6 Mee. & W. 572); and Parke, B., delivered a very elaborate judgment, in which the Court decided that it was necessary, "in order to give effect to that clause, that the owner should have intrusted the factor with the document; not that it is necessary that the owner should have had personal possession of the document, so as to be able to mark it no notice that the shipper is not the actual and bonâ fide owner of the goods, he will be entitled to a lien on the bill of lading, by virtue of the 1st section of the 6 Geo. 4, c. 94. But if to the knowledge of the con informed, very generally the case in the trade between this country and the United States of America, where the planters in the interior of the country employ an agent at the nearest shipping port, whose communications to the consignee of the goods usually contain an intimation of his being only an agent, the transaction is not within that section, and can only be protected, if at all, by the above provision in the new Act. The words there used are sufficient, we apprehend, to em brace these cases. The 6 Geo. 4, c. 94, was also defective in another respect, that it did not protect a deposit of documents of title given in exchange for other documents which had been properly pledged. And the new Act therefore provides, that where any agreement for a pledge shall be made, in consideration of the delivery to the agent of other goods and documents, upon which the person delivering up the same had at the time a valid lien in respect of a previous advance, such agreement, if bonâ fide, shall be deemed to be a contract made in consideration of an advance within the meaning of the Act, and shall be as valid as if the consideration had been à bonâ fide present advance of money; provided that the lien thereby acquired shall not exceed the value of the goods or documents of title delivered up and exchanged. with his name, and himself delivered it to the factor; for if his own agent, general or special, puts it into the hands of the factor with the factor's name on it, or if the factor be instructed by the owner to obtain the document in that state, and does so, no doubt he is in-signee the shipper is only an agent, which is, as we are trusted' by the owner with it within the meaning of the act. But, in order to constitute an intrusting of such a document, it is necessary that the owner should have intended the factor to possess it in that form, at the time when he had the possession. Intrusting with the document is essentially different from enabling á person to become possessed of it, from giving him the means of obtaining it." And they therefore decided that the factors in that case, in whose hands the bills of lading indorsed in blank of two cargoes of tobacco had been placed by the owners, thus enabling them to obtain dock warrants in their own names, and who had so obtained them, were not intrusted with them within the meaning of the act; and that a pledge by the factors of such dock-warrants was invalid. This decision created great surprise amongst merchants; as it in effect limited the operation of the act almost exclusively to bills of lading, out of which the other specified documents generally arose, and were obtained by the agent himself in the course of his employment. It is, however, if we may so express it, reversed by the 4th section of the present act, which declares, that any agent intrusted with and possessed of a document of title, whether derived immediately from the owner of the goods, or obtained by reason of such agent's having been intrusted with the possession of the goods, or of any other document of title thereto, shall be deemed and taken to have been intrusted with the possession of the goods represented by such former document of title. It was also considered, under the 6 Geo. 4, c. 94, that an advance made on one day upon a promise to deposit documents of title on the following day, which was accordingly done, was not within the act, because it was only made upon the faith of a promise of the documents, and the subsequent pledge of the documents in pursuance of the promise, was a pledge for an antecedent debt, which by the 3rd section was declared, although made without notice, to confer only such right as the party making the pledge at that time possessed. This is remedied by the same section of the present statute, which enacts, that where an advance shall be bona fide made upon the faith of an agreement to deposit goods or documents, and they shall be received, whether at the time or subsequently, by the person making the advance, without notice of want of authority on the part of the agent, the advance shall be deemed an advance upon the faith of goods or documents within the meaning of the act. Except in this respect, the law as to a pledge for an antecedent debt remains unaltered. In the statement we before referred to it is said, "that it very frequently happens that a bill of exchange drawn against a shipment is presented to the consignee for acceptance before the arrival of the bill of lading. The consignee, confiding in the promise of the shipper to send forward the bill of lading, accepts the draft to save the shipper from the con sequences of its dishonour. If his confidence should be misplaced, the consignee must, of course, submit to the loss; but if the bill of lading comes as promised, he considers the security perfected." If the consignee has Many nice and difficult questions arose as to the notice of agency; Lord Tenterden (Evans v. Truman, 1 M. & Rob. 10) holding, that a party might have knówledge of a fact either by direct communication, or by being aware of circumstances which must lead á reasonable man to the conclusion that the fact was so. As these circumstances might be infinitely various, a wide field of litigation was thus thrown open; and many persons silently submitted to losses, rather than seek the uncertain result of an action. All this is cured by the present Act, which makes a pledge for an advance valid, notwithstanding notice of the agency. When we have mentioned that the 7th section provides for the right of the owner of goods or documents which have been pledged to redeem them, or to recover the balance of the proceeds, we have, we believe, called our readers' attention to all the provisions of this new law; and we conclude, with expressing our hope that it will be found upon trial to satisfy the wishes of the mercantile community. Imperial Parliament. HOUSE OF LORDS. The Jurisdiction of Justices Bill went through committee pro formâ. The Bill printed ante, p. 179, to empower Coroners to take bail in cases of Manslaughter, has been thrown out. - MEMBERS RETURNED TO SERVE IN PARLIAMENT. The Right Hon, Otway O'Connor, Earl of Desart, and Thomas Gladstone, Esq., for the borough of Ipswich, in the room of Rigby Wason and George Rennie, Esqrs. whose election has been declared void, |