all persons at all seasonable hours, on payment of 1s. for every inspection; and any person may require a copy of every such account, or of any part thereof, on paying therefore to the clerk in whose custody it shall be after the rate of 2d. for every seventy-two words or figures.

53. Board may make orders as to delivery and publication of account by trustees, and as to the form thereof.

54. Trustees wilfully omitting to make returns of account to be deemed guilty of a contempt of Court of Chancery. 55. What to be evidence of wilful omission.

56. Exemption of charities supported by voluntary contributions not to extend to real estate and permanent investments belonging to them.

57. Provision enabling members of exempted charities to submit disputes to commissioners extended to other charities. 58. Amendment of interpretation clause.

59. Short title.

GAZETTES.-FRIDAY, April 20.

BANKRUPTS.

GEORGE JESSOP, Cliftonville, Hove, Sussex, dealer and
chapman, May 4 at 12, and June 1 at half-past 11, London:
Off. Ass. Cannan; Sols. Kennett, Brighton; Sowton, 6,
Great James-street, Bedford-row.-Pet. f. April 19.
RICHARD JOHN ORGLES, Kingsland-road, Shoreditch,
dealer and chapman, April 27 and June 1 at 2, London:
Off. Ass. Whitmore; Sols. Symes & Co., 33, Fenchurch-
street.-Pet. f. April 11.
WILLIAM GITTUS, Isleham, Cambridgeshire, dealer and
chapman, May 2 at 2, and May 29 at 1, London: Off. Ass.
Graham; Sols. Miller & Co., Norwich; Sole & Co., 68,
Aldermanbury.-Pet. f. April 11.
WILLIAM FITCH, Old Fish-street-hill, Upper Thames-
street, wholesale stationer. May 8 at 11, and May 29 at
half-past 1, London: Off. Ass. Graham; Sol. Brisley, 4
Pancras-lane, Cheapside.-Pet. f. April 19.
GEORGE GREENFIELD, Upper Holloway, bricklayer,
May 1 at half-past 2, and May 29 at 12, London: Off. Ass.
Edwards; Sol. Seaman, 12, Pancras-lane, Cheapside.-Pet.
f. April 18.
JOSEPH BROOKS, Bocking, Essex, wheelwright, April 28
at half-past 11, and June 16 at 1, London: Off. Ass. Pen-
nell; Sol. Taylor, 24, John-street, Bedford-row.-Pet. f.
April 17.
EDWARD LAWRENCE KYLE, Reading, licensed vic-
tualler, May 2 at 1, and June 21 at 12, London: Off. Ass.
Nicholson; Sols. Smith, Reading; Nichols & Clarke, 9,
Cook's-court, Lincoln's-inn.-Pet. f. April 18.
FREDERICK WILLIAM LISTER, Great Queen-street,
Lincoln's-inn-fields, and Southampton-row, Russell-square,
dealer and chapman, April 27 at half-past 12, and June 9
at 12, London: Off. Ass. Nicholson; Sol. Leverson, 12,
St. Helen's-place.-Pet. f. April 7.
WILLIAM PARTRIDGE the elder, Birmingham, builder,
May 2 and 23 at half-past 10, Birmingham: Off. Ass.
Christie; Sol. Reece, Birmingham.-Pet. d. April 18.
GEORGE HARGRAVE MORGAN, Hereford, dealer and
chapman, (trading under the style or firm of George Mor-
gan), May 4 and 26 at 11, Birmingham: Off. Ass. Whit-
more; Sols. Gwillim, Hereford; Suckling, Birmingham.
Pet. d. April 14.

WILLIAM MORGAN, Bristol and Bath, dealer and chap-
man, May 1 and 29 at 11, Bristol: Off. Ass. Miller; Sol.
Harris, Bristol.-Pet. f. April 19.
EDWIN ADOLPHUS LOCK, Curry Rivell, Somersetshire,
dealer and chapman, May 2 and 31 at 1, Plymouth: Off.
Ass. Hirtzel; Sols. Slade & Vining, Yeovil; Terrell,
Exeter.-Pet. f. April 19.
GEORGE HAWKE, Polruan, (and not Pobruan, as before
advertised), Cornwall, dealer and chapman, April 26 and
May 31 at 1, Exeter: Off. Ass. Hirtzel; Sol. Elworthy,
Plymouth.-Pet. f. April 7.
LOUISA BROWETT, Bradford, innkeeper, April 30 at 11,
and June 4 at half-past 12, Leeds: Of. Ass. Hope; Sol.
Blackburn, Leeds.-Pet. d. April 17.
JOSEPH PRESCOTT, Liverpool, dealer and chapman,
May 3 and 24 at 11, Liverpool: Off. Ass. Turner; Sols.
Lowndes & Co., Liverpool.-Pet. f. April 14.

JAMES STEVENSON, Liverpool, provision dealer, May 3 and 24 at 11, Liverpool: Off. Ass. Bird; Sols. Evans & Son, Liverpool.-Pet. f. April 11. JAMES WOOLLEY, Manchester, dealer and chapman, May 4 and 24 at 12, Manchester: Off. Ass. Hernaman; Sols. Cobbett & Wheeler, Manchester.-Pet. f. April 11. DAVID NORBURY, Alderley, Cheshire, butcher, April 30 and May 23 at 12, Manchester: Off. Ass. Pott; Sol. Hardman, Manchester.-Pet. f. April 16.

THOMAS HOLDER, Macclesfield, dealer and chapman, May 4 and 24 at 12, Manchester: Off. Ass. Hernaman; Sols. Parrott & Co., Macclesfield.-Pet. f. April 16. JOHN MOSELEY, Macclesfield, dealer and chapman, May 3 and 24 at 12, Manchester: Off. Ass. Hernaman; Sol. Taylor, Manchester.-Pet. f. April 17.

MEETINGS.

Isaac Pothecary and Wm. Symes, Nutshalling, Southampton, boarding-house keepers, April 30 at 12, London, last ex. -Robert Ewin, High-street, Islington, upholsterer, April 27 at 11, London, last ex. - Ralph Pickstone and Ambrose Mayall, Ashton-under-Lyne, cotton spinners, May 1 at 12, Manchester, last ex.-T. Deans, Blackburn, draper, May 1 at 11, Manchester, last ex.-Thomas Bell, Jarrow, Durham, alkali manufacturer, May 2 at 11, Newcastle-upon-Tyne, last ex.-James Howell, Judd-street, Brunswick-square, builder, May 1 at half-past 1, London, aud. ac.-William J. Fisher, Brick-lane, Spitalfields, linendraper, May 3 at half-past 12, London, aud. ac.-Henry John Betjemann, New Oxford. street, chair manufacturer, May 8 at 11, London, aud. ac.Wm. Thomas Ashwin, Montpelier-vale, Blackheath, chemist, May 2 at 12, London, aud. ac.-W. E. Champion, Addingtonterrace, East India Dock-road, Limehouse, brick merchant, May 2 at 2, London, aud. ac.-James Hammond, Chancerylane, furniture dealer, May 2 at 12, London, aud. ac.— .-Richard Beck, Blackman-street, Southwark, watchmaker, May 2 at half-past 12, London, aud. ac.; May 11 at 1, div.-Henry Byshe, Brighton, builder, May 2 at half-past 1, London, aud. ac.-George B. Hussey, Plymouth, innkeeper, May 7 at 11, Plymouth, aud. ac.-Wm. Henry Miners, Plymouth, grocer, May 7 at 11, Plymouth, aud. ac.- -George C. Pauling and Robert C. Sharp, Manchester, merchants, May 9 at 12, Manchester, aud. ac.; May 16 at 12, div.-Walter Milligan, William Gandy, and George Gandy, Bradford, Yorkshire, stuff merchants, May 3 at 11, Leeds, aud. ac. sep. ests. of Walter Milligan and William Gandy-William Eggleston, Halifax, stuff merchant, May 3 at 11, Leeds, aud. ac.-Thomas John Holloway, Salisbury, rope manufacturer, May 11 at 11, London, div.-Antoni Forrer, Regent-street, jeweller, May 11 at 11, London, div.-Joseph Lough, Great Queen-street, Lincoln's-inn-fields, blacking manufacturer, and J. J. Limebeer, St. James's-street, boot maker, May 12 at 2, London, div. -Wm. L. Dowie, Manchester, tailor, May 15 at 12, Manchester, div.-James Aitken, Liverpool, draper, May 11 at 11, Liverpool, div.-R. Liddell, Doncaster, saddler, May 12 at 10, Sheffield, div.-George Hobson, Leeds, grocer, May 11 at 11, Leeds, div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting.

Robert Norman, Histon, Cambridgeshire, grocer, May 11 road, Battersea, candle manufacturer, May 11 at 2, London. at half-past 1, London.-Thomas Whitford Nichols, YorkMay 11 at half-past 1, London.-Samuel Barnett, Welling-Wm. Christopher Hardy, Hillingdon, Middlesex, plumber, ton-road, Liverpool-road, builder, May 11 at 12, London.London.-J. Scott, Trinity-square, Tower-hill, ship chandler, Simon Oates, Cambridge, builder, May 11 at half-past 1, May 11 at half-past 12, London.-Wm. Ludlow Palin, Mortlake, cooper, May 12 at half-past 12, London.-Chas. Maidlow, Adelaide-terrace, Westbourne-grove, builder, May 14 at shire, grocer, May 22 at 11, Bristol.-Geo. Major, Swindon, 12, London.-Llewellyn Wallington, Bridgend, GlamorganWiltshire, builder, May 22 at 11, Bristol.-Richard Lear Mugford, Torquay, tailor, May 24 at 1, Exeter.—Benjamin May 24 at 1, Exeter.-Clifford Firth and John Archer, Bray and William Bray, Okehampton, nursery gardeners, Liverpool, brokers, May 15 at 11, Liverpool.

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....

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.....

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CROWN CASES RESERVED.

By G. FRANCIS, Barrister at Law.

401

394

395

THE doctrine that an agent cannot be permitted to set up the jus tertii against his principal, or to dispute his title, is to be found frequently repeated in the textbooks and in numerous decided cases; but in none of them is the principle on which the rule is founded clearly defined, so as to afford a distinct guide to the limits within which its practical application must be confined, and much confusion exists upon the subject. This may be in some measure accounted for by the infinite variety of circumstances attending mercantile transactions, which renders it difficult to define the extent to which the principle is properly applicable; but in some instances, at least, the rule appears to be stated too generally.

Mr. Justice Story, in his work on Agency, sect. 217, says, "An agent is not ordinarily permitted to set up the adverse title of a third person to defeat the rights of his principal, against his own manifest obligations to him, or to dispute his title. If, therefore, he has received goods from his principal, and has agreed to hold them subject to his order, or to sell them for him, and to account for the proceeds, he will not be allowed to set up the adverse title of a third person to the same goods to defeat his obligations*. An exception, however, is allowed where the principal has obtained the goods fraudulently or tortiously from such third person. (Hardman v. Wilcock, 9 Bing. 382)." And in

* Holl v. Griffin, (10 Bing. 246); Harman v. Anderson, (2 Camp. 243); Stonard v. Dunkin, (Id. 344); Dixon v. Hamond, (2 B. & Al. 310); Gosling v. Birnie, (7 Bing. 339); White v. Bartlett, (9 Bing. 378); Roberts v. Ogilby, (9 Price, 269); Nicholson v. Knowles, (5 Mad. 47); Kirwan v. San. dars, (6 Ad. & El. 515); Hawes v. Watson, (2 B. & Cr. 540); Crawshay v. Thornton, (7 Sim. 391).

a note to the above passage he says, "We are carefully to distinguish those cases where the suit is brought by the principal from those where the suit is brought by a third person, claiming the property against the agent. The rights of the latter to maintain the suit are not affected by anything that has passed between the principal and agent. If such third person has a good title to the goods, he may recover them, notwithstanding the bailment. (See Ogle v. Atkinson, 5 Taunt. 759; Wilson v. Anderton, 1 B. & Ad. 450; and Story on Bailments, s. 102). There is a dictum in Ogle v. Atkinson, by Gibbs, C. J., which contradicts the text, in which he refers to a point made, that the defendants (the agents) cannot refuse to deliver up the goods to the plaintiff, (the principal), from whom they received them; and then he says, 'But if the property is in others, I think that they (the agents) may set up this defence.' This dictum has since been treated as untenable.

(See Gosling v. Birnie, 7 Bing. 339; Paley on Agency, by Lloyd, 80, 81, and note, Id. 53)." In the above passages, and again in Story on Bailments, ss. 450, 582, Mr. Justice Story lays down the rule broadly, that, except in cases where the principal has obtained the goods fraudulently or tortiously from the real owner, the agent cannot set up as a defence to an action by his principal for the goods, that they in fact belong to a third person, and have been claimed by him. He treats the dictum of Gibbs, C. J., as untenable, and assumes, that although the goods may have been duly claimed by a third party, who is in fact the real owner, and to whom the agent would be liable in an action, yet, in cases other than those above excepted, the agent cannot, in an action by his principal, set up the title and claim of such third party. The rule, as above stated, would lead to this palpable injustice, that the agent might, without any laches on his part, be liable, on the one hand, to an action by the real owner, if he refuse to deliver the goods to him; and, on the other,