THRING'S SUCCESSION DUTY ACT. THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. for granting to her Majesty Duties on Succession to Property, and A TREATISE on the PRINCIPLES of EVIDENCE for altering certain Provisions of the Acts charging Duties on Legacies and Shares of Personal Estates. With an Introduction and Notes. By HENRY THRING, Esq., Barrister at Law. In 12mo., price 58. 6d. cloth. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FINLASON'S CHARITABLE TRUSTS ACT. THE ACT (16 & 17 Vict. c. 137) for the BETTER REGULATION of CHARITABLE TRUSTS. With copious Notes, and an Introductory Essay on the Jurisdiction exercised over them by the Court of Chancery; with all the decided Cases; and an Appendix, and PRACTICE as to PROOFS in COURTS of COMMON wrapper. A SET OF HANSARD'S PARLIAMENTARY DEBATES. containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., MR. HODGSON will SELL by AUCTION, at his New Barrister at Law. In 12mo., price 6s. cloth, Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FINLASON'S LEADING CASES ON PLEADING. In royal 8vo., price 68. boards, A SELECTION of LEADING CASES on PLEADING, excellent condition, the volumes being all uniformly bound, and would and PARTIES to ACTIONS; with Practical Notes, elucidating the Principles of Pleading, (as exemplified in Cases of most frequent occurrence in Practice), by a reference to the earliest Authorities; and designed to assist both the Practitioner and Student. By W. FINLASON, Esq., of the Middle Temple, Special Pleader. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FINLASON'S COMMON-LAW ACTS. Rooms, the corner of Fleet-street and Chancery-lane, on TUESDAY, June 5, at one o'clock, a SET of HANSARD'S PARLIAMENTARY HISTORY and DEBATES, from the Conquest to the 13 & 14 Victoria inclusive, in 216 volumes, hf.-bd. russia. A complete set of this valuable Work is now rarely to be met with. This Copy is in form a great acquisition to the library of any gentleman either in Parliament or interested in the history of our laws and constitution from the earliest period to the present time. A fine Copy of Howell's State Trials, with Jardine's Index, in 34 vols., hf.-bd. russia, is also included in the same catalogue; together with a large Collection of Books in General Literature, being the Library of a Gentleman removing. To be viewed, and Catalogues had. THE COMMON-LAW PROCEDURE ACTS of 1852 GUARDIAN FIRE AND LIFE ASSURANCE COM and 1854; with Notes, containing all the Cases either already expressly decided on or tending to elucidate them. With an Appendix, containing the Common-law Procedure Act of Will. 4, the recent Acts on Evidence, the New Rules to Michaelmas Vacation, 1854, and an Introduction. By W. F. FINLASON, Esq., Barrister at Law. "This is, in our judgment, a most excellent and carefully written book. The equity powers given to the Common-law Courts are admirably done. The views taken by Mr. Finlason of the practical bearing and operation of these acts are remarkably shrewd and suggestive. Such men, and their editions of statutes, tend very greatly to improve the laws they expound, and powerfully assist the objects of the Legislature."-Law Magazine, Feb. 1855. "We have now before us the work of Mr. Finlason, whose previous labours in expounding other statutes entitle him to the favourable consideration of the Profession. The notes to the various new enactments are very full and valuable."-Legal Observer, Jan. 6, 1855. "This work is well done."-Law Times, Jan. 6, 1855. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. LAW OF MERCHANT SHIPPING. In 1 vol. 8vo., price 20s. in cloth boards, A COMPENDIUM of the LAW of MERCHANT STAMP'S COMPREHENSIVE INDEX TO THE STATUTES. A N INDEX to the STATUTE LAW of ENGLAND. By GEORGE STAMP, Esq. The Second Edition, much enlarged, and brought down to the 15 & 16 Vict. 1852, inclusive. H. Sweet, 3, Chancery-lane, Fleet-street. POLLOCK'S PRACTICE OF THE COUNTY COURTS. PANY, No. 11, Lombard-street, London. George Keys, Esq., Secretary.-Samuel Brown, Esq., Actuary. LIFE DEPARTMENT.-Under the provisions of an act of Parliament, this Company now offers to future Insurers FOUR-FIFTHS of the PROFITS, with QUINQUENNIAL DIVISION, or a Low RATE OF PREMIUM without participation of Profits. The next Division of Profits will be declared in June, 1855, when all Participating Policies which shall have subsisted at least one year at Christmas, 1854, will be allowed to share in the Profits. At the several past Divisions of Profits made by this Company, the Reversionary Bonuses added to the Policies from ONE-HALF the Profits amounted, on an average of the different ages, to about One per Cent. per Annum on the sums insured, and the total Bonuses added at the four Septennial Divisions exceeded 770,0001. FOREIGN RISKS.-The Extra Premiums required for the East and West Indies, the British Colonies, and the northern parts of the United States of America, have been materially reduced. INVALID LIVES.-Persons who are not in such sound health as would enable them to Insure their Lives at the Tabular Premiums may have their Lives Insured at extra Premiums. LOANS granted on Life Policies to the extent of their values, provided such Policies shall have been effected a sufficient time to have attained THE PRACTICE of the COUNTY COURTS; in Eight in each case a value not under 501, Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly and Industrial and Provident Societies Acts.-3. Jurisdiction under Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against Judgment Debtors.-7. Arrest of Absconding Debtors.-8. Administration of Charitable Trusts. With the Decisions of the Superior Courts, and Table of Fees. Also an Appendix, containing all the Statutes, a List of the Court Towns, Districts, and Parishes, and the Rules of Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of ASSIGNMENTS OF POLICIES-Written Notices of, received and registered. Medical fees paid by the Company, and no charge will be made for Policy Stamps. FIRE DEPARTMENT.-Insurances effected upon every description of property at the usual rates. Losses caused by Explosion of Gas are admitted by this Company. the Inner Temple, Barrister at Law. The Second Edition, much CAUTION.-TO TRADESMEN, MERCHANTS, enlarged. H. Sweet, 3, Chancery-lane, Fleet-street. Recently published, in 1 thick vol., 8vo., price 17. 10s. cloth boards, SHIPPERS, OUTFITTERS, &c. WHEREAS it has lately come to my knowledge that some unprincipled person or persons have for some time past been imposing upon the public, by selling to the Trade and others a spurious article under the name of BOND'S PERMANENT MARKING INK; this is to give THE LAW of RAILWAYS, RAILWAY COMPANIES, Notice, that I am the original and sole Proprietor and Manufacturer of and RAILWAY INVESTMENTS. With the Cases on Compensation, Mandamus, Injunction, and Railway Rating; Remarks on the Extent of the Jurisdiction over Railways conferred on the Court of Common Pleas; and on the Equitable Jurisdiction in Railway Transactions recently transferred to all the Courts of Common Law; also the Practice in Committees in Parliament on passing Railway Bills. The Appendix contains all the Statutes, with Notes referring to the Treatise; and Precedents of Deeds, Notices, Warrants, Bonds, &c. By WILLIAM HODGES, Esq., of the Inner Temple, Barrister at Law, Recorder of Poole. Second Edition. H. Sweet, 3, Chancery-lane, Fleet-street. PAPER.-The cheapest, largest, and best assorted Stock, suitable for the use of the Legal Profession, will be found at MATTHEWS & DREW'S, Paper Manufacturers and Stationers to the High Court of Chancery, 38, High Holborn, opposite Chancery-lane. -Samples, with prices, will be forwarded on application, and orders to the amount of 21. carriage-free to the country. the said Article, and do not employ any traveller, or authorise any person to represent themselves as coming from my establishment, for the purpose of selling the said Ink. This Caution is published by me to prevent further impositions upon the public, and serious injury to myself. E. R. BOND, Sole Executrix and Widow of the late John Bond, 28, Long-lane, West Smithfield, London. To avoid disappointment from the substitution of counterfeits, be careful to ask for the genuine Bond's Permanent Marking Ink; and further to distinguish it, observe that NO SIXPENNY SIZE is or has at any time been prepared by him, the Inventor and Proprietor. Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, residing at No. 34, Porchester Terrace, Bayswater, in the County of Middlesex.-Saturday, May 26, 1855. No. 21, NEW SERIES.-Vol. I. No. 960, OLD SERIES.-Vol. XIX. Published in Monthly Parts, JUNE 2, 1855. COMMON-LAW AND EQUITY REPORTS.-A complete Monthly Record of the Law; comprising the Leading Statutes, and the Decisions in all the Courts, some of which are not to be found in any other Publication. With a Copious Index to each Division. £ s. d. 4 4 0 Prepaid Subscription.... The Reports (without Statutes) Each Division may be subscribed for separately. Common Law Equity 2 2 0 Subscriptions received, by post or otherwise, at 10, Little New-street, Gough-square, London, by the Agent, Mr. John Lincoln; and by all Law Booksellers. In the preferable part of the Strand, near to Somerset-house.-Capital Freehold Estate, let on lease to Mr. Eve at 1531. per annum. MESSRS. FAREBROTHER, CLARK, and LYE are instructed to SELL, at Garraway's, on Tuesday, June 12 at 12, a very valuable FREEHOLD ESTATE, situate on the south side of the Strand, in the parish of St. Clement Danes, consisting of a residence and shop, No. 165 A, let on lease for 21 years from 1854 to Mr. Eve, teadealer and grocer, a highly respectable tenant, subject to a yearly rent of 1501., and 31. in lieu of land tax. May be viewed by permission of the tenant, and particulars had, ten days prior to the sale, of Frederick Farrar, Esq., solicitor, 19, Godlimanstreet, Doctors' Commons; at Garraway's; and of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Very valuable Freehold Estates, Strand and Temple-bar, producing about 6301. per annum, part of the estates of the late William Payne, Esq. PRICE 18. HOLD ESTATE, situate in the High-street, Hammersmith, near the Broadway, comprising three capital Houses and Shops, with large gardens, in the occupations of Mr. Lacey, grocer, and Mr. Barker, upholsterer, at rents amounting to 1327. 10s. per annum; also a very valuable piece of Copyhold Ground, now used as a market garden, in the rear of the foregoing, and having frontage to, and entrance from, Great Church-lane, adapted for building purposes. The property is copyhold of the Manor of Fulham, subject to a quit-rent of 2s. per annum, and the land-tax is redeemed. May be viewed by permission of the tenants, and particulars had of Edward Jennings, Esq., solicitor, 9, Chancery-lane; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Wiltshire.-Very valuable Church Preferment, amounting to nearly 1500l. per annum; the Incumbent aged 70 years. MESSRS. FAREBROTHER, CLARK, and LYE are instructed to SELL, at Garraway's, on Wednesday, June 13, at 12, (unless an acceptable offer is previously made by private contract), the very valuable NEXT PRESENTATION (subject to the life of the incumbent, aged 70 years) to the RECTORY of Pewsey, situate about seven miles from Marlborough, twelve from Devizes, thirty from Bath, and fourteen from the Great Western Station at Hungerford; consisting of an excellent residence, with offices, garden, and 124A. 2R. IP. of glebe land. Also the commuted Rent-charge in lieu of the great and small tithes of the parish, containing about 4000 acres. The gross annual value is 14647. 11s. 7d. Descriptive particulars may be had, 21 days previous to the sale, of Messrs. Blake, Tylee, and Tylee, 14, Essex-street, Strand; at the Bear Inn, Devizes; Ailesbury Arms, Marlborough; White Hart, Bath; Angel, Oxford; Bull, Cambridge; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Albury, Herts, five miles from the Railway at Bishop Stortford.-Freehold and small part Copyhold Farm, called "Piggotts," the Fox Public-house, and sundry Inclosures of detached Lands; the whole containing 196 acres. MESSRS. FAREBROTHER, CLARK, and LYE are MESSRS. FAREBROTHER, CLARK, and LYE are directed by the Executors to SELL by AUCTION, at Garraway's, on Tuesday, June 12, at 12 o'clock, in lots, the following very valuable FREEHOLD ESTATES, viz.:-The New Barn publichouse and wine-vaults, in St. Clement's churchyard, in the Strand, let on lease, expiring 1859, at 150. per annum. Nos. 7, 8, 9, 13, 14, 15, and 16, Great Shire-lane, and Nos. 1, 2, and 3, Brick-court, on leases and agreements, at rents amounting to 1701. per annum. No. 37, Bellyard, Temple-bar, let on lease to Mr. W. Stevens, as a printing office, at 651. per annum; and 39, Bell-yard, Temple-bar, let on lease to Messrs. Richard Stevens and G. S. Norton, at 651. per annum. The dwellinghouse and printing-offices, 38, Bell-yard, and 10, Great Shire-lane, in the occupation of Messrs. Roworth and Sons, at 1717. per annum, and ground in the rear of 41 and 42, Bell-yard. The properties may be viewed by permission of the respective tenants. Particulars are now ready, and may be had of Edward Jennings, Esq., solicitor, 9, Chancery-lane; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Essex.-In the parish of Magdalen Laver, easy distances from Harlow, and the capital Market Towns of Epping, Bishop Stortford, and Ongar, very desirable and compact Freehold Estate, called Spencer's Farm, with upwards of 126 acres of productive Land. MESSRS. FAREBROTHER, CLARK, and LYE have received instructions to SELL by AUCTION, at Garraway's, on Wednesday, June 13, at 12, a very desirable FREEHOLD ESTATE, called Spencer's Farm, land-tax redeemed, partly adjoining the high road from Epping to Harlow, six miles from the former, five from the latter, and six and eight miles respectively from the capital market towns of Ongar and Bishop Stortford; comprising a capital farm-house, ings, and 126A. 1R. 30F. of productive arable and pasture land, lying within a ring fence. The lands are in a high state of cultivation, the pastures are bounded by a stream, and lie well for irrigation. There are several ponds. on the property, and it has been in the occupation for upwards of twenty years of the late Mr. John Larter, a highly-respectable and intelligent farmer, and now of his executors. garden, warm yards, all suitable and well-arranged agricultural build May be viewed, and particulars, with plans, had at the farm; at the George and Green Man Inns, Harlow; Cock, Epping; Crown, Ongar; White Lion, Sawbridgeworth; the George, Bishop Stortford; of Mr. R. P. Browne, land agent, Great Hallingbury; and in London, of Messrs. Denton, Kinderley, Domville, and Lawrence, 6, New-square, Lincoln's-inn; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, Lancaster-place, Strand. Hammersmith.-Very valuable Copyhold Estates, producing about 1607. per annum, part of the Estates of the late William Payne, Esq. MESSRS. FAREBROTHER, CLARK, and LYE are directed by the Executors to SELL by AUCTION, at Garraway's, on Tuesday, June 12, at 12, in lots, a very valuable COPYNo. 21, VOL. I., NEW SERIES. instructed by the Trustees to SELL BY AUCTION, at Garraway's, on Wednesday, June 13, at 12, in seven lots, the following very valuable FREEHOLD ESTATES, situate about five miles from the Railway Station at Bishop Stortford, ten from Ware, twelve from Hertford, and adjoining the Kennel of the Puckeridge Hounds, in the parishes of Albury, Little Hadham, and Braughing, viz.:-Piggott's Farm, comprising a comfortable farm-house, (suitable for a hunting box), good garden, orchard, warm farm-yard, with extensive stabling, wheat, oat, and barley barns, cow-houses, cattle and cart sheds, and 183 acres of productive arable and pasture land, lying very compact, chiefly under-drained, and partly tithe-free. The Fox licensed public-house, adjoining the high road, with offices and gardens. A plot of detached Arable Land, situate in Molly Chips Common. Two Inclosures in Parsonage Common, near Parsonage Farm, and abutting on Albury Park. A plot of Arable Land, situate in Ham's Common; and a very valuable inclosure of Land, abutting on the road from Little Hadham to Standon, and adjoining the lands of the Marquis of Salisbury and Mr. Chapman, known as Priory Leys. The whole estate comprises about 196 acres, and is in the occupation of Mr. Peter Sullens, a most respectable tenant, on lease, which will expire on the 29th September, 1857, at the very low rent of 1851. per annum. May be viewed, and particulars, with plans, had of the tenant; at the Fox, on the estate; George, Bishop Stortford; Saracen's Head, Ware; Salisbury Arms, Hertford; and in London, of D. S. Bocket, Esq. solicitor, 60, Lincoln's-inn-fields; at Garraway's; and at the offices of Messrs. Farebrother, Clark, and Lye, 6, Lancaster-place, Strand. Islington, close to the Parish Church, in the High-street, and extending behind the Upper-terrace.-Highly valuable and important Building Land, comprising about Three Acres, and Blacksmith's Shop, &c. MESSRS. FAREBROTHER, CLARK, and LYE have received instructions to SELL by AUCTION, at Garraway's, on Wednesday, June 13, at 12, in lots, a highly valuable and important PROPERTY, comprising about three acres of building land, and the only uncovered land so close to the metropolis, situate abutting on the High-street, Islington, to which there is a frontage of 300 feet, extending in the rear behind Upper-terrace, and close to the parish church. The property is copyhold of the manor of Canonbury, subject to a trifling quit-rent, and a fine on death or alienation of 68. 8d. per house, or 6s. 8d. per acre for land; so is equal in value to freehold, and the cost of enfranchisement would be nearly nominal. There is a lease upon the property, which has six years and three quarters to run; consequently the reversion after the expiration of that lease is intended only to be sold. GAZETTES.-FRIDAY, May 25. BANKRUPTS. MATTHEW JAMES POPPLEWELL, Clement's-lane, DAVID HUGHES, Bala, (and not Beld, as before ad- JOHN WILLIAMS, St. Asaph, Flintshire, and Llandudno, JOHN and GEORGE BARTON, Manchester, dealers and MEETINGS. Charles Warwick, Highbury-place, Islington, warehouseman, June 8 at 12, London, ch. ass.-Prescott Corless, Wigan, Lancashire, tea-dealer, June 7 at 12, Liverpool, ch. ass.-John Bailey Sergeant, Portsmouth, wine merchant, June 15 at 12, London, last ex.-James Aldred, Manchester, innkeeper, June 14 at 12, Manchester, last ex.-T. Fowkes, Redditch, Worcestershire, innkeeper, June 15 at 11, Birmingham, last ex.-Isaac H. W. Hunt, Reigate, Surrey, builder, June 12 at 12, London, aud. ac.-Chas. Viner, Henry Viner, George Viner, and Joseph John Viner, Brighton, plumbers, June 12 at half-past 11, London, aud. ac.-W. Mead, Milk-st., Cheapside, commission agent, June 5 at half-past 12, London, aud. ac.-Samuel Morritz Krohn, Bread-street, Cheapside, merchant, June 14 at 12, London, aud. ac.-Cornelius A. Markham, Godmanchester, Huntingdonshire, currier, June 6 at 12, London, aud. ac.-Wm. Randall Barrett, Folkestone, Kent, ironmonger, June 6 at half-past 12, London, aud. ac.— Wm. Batchelar, Croydon, Surrey, baker, June 6 at 1, London, aud. ac.-Samuel King, Buckland, and Charles King, Draycott Moore, Berkshire, wheelwrights, June 6 at half-past 12, London, aud. ac.-Thomas Youngman, Pitfield-street, Hoxton, linendraper, June 6 at 12, London, aud. ac.-Wm. Crole the younger, Rood-lane, East India merchant, June 6 at 12, London, aud. ac.—Evan Edwards, Aberavon, near ac.-John Driscoll, Cardiff, Glamorganshire, potato merTaibach, Glamorganshire, grocer, June 14 at 11, Bristol, aud. chant, June 14 at 11, Bristol, aud. ac.-Daniel Hearn, Cheltenham, linendraper, June 7 at 11, Bristol, aud. ac.—James Johnson, Macclesfield, silk dyer, June 5 at 12, Manchester, aud. ac.-Ralph Pickstone and Ambrose Mayall, Ashtonunder Lyne, cotton spinners, June 5 at 12, Manchester, aud. ac.-George Williamson, Rochdale, cotton-cloth manufacturer, June 5 at 12, Manchester, aud. ac.-James Hampson, Manchester, ironfounder, June 7 at 12, Manchester, aud. ac. -Francis Behrens, Birmingham, general merchant, June 4 at half-past 10, Birmingham, aud. ac.-Jonathan Wright, Wm. Wright, and Lupton Wright, Oxenhope, near Keighley, Yorkshire, worsted spinners, June 7 at 11, Leeds, aud. ac.T. Brown, Bradford, grocer, June 26 at 1, Leeds, aud. ac. and div.-J. Taylor, Ovenden, near Halifax, worsted spinner, June 26 at 11, Leeds, aud. ac. and div.-G. Smith, Union-st., Southwark, hat manufacturer, June 15 at 2, London, div.J. Pettepher, Rochester-road, Camden-town, builder. June 15 at 11, London, div.-George Tidd, Codicote, Hertfordshire, corn dealer, June 19 at 12, London, div.-Wm. Holloway, Millbank-street, Westminster, saddler, June 19 at 1, London, div.-Edward Buchler, Cullum-street, merchant, June 19 at half-past 1, London, div.-Richard Lancaster Swallow, Nine Elms, Battersea, Surrey, licensed victualler, June 15 at halfpast 12, London, div.-Henry Shuttleworth, Saffron Walden, Essex, ironmonger, June 19 at 12, London, div.-George Hutchison, Palace-row, New-road, timber merchant, June 18 at 12, London, div.-Geo. Hartshorne and Geo. Hartshorne the younger, Great Dover-street, Southwark, ironmongers, June 19 at 1, London, div.-Jonathan Hanford Godber, Frederick Godber, and Julius Wallace Howes, Eastwood, Nottinghamshire, drapers, June 5 at half-past 10, Nottingham, aud. ac.; July 10 at half-past 10, div.-John Maples, Nottingham, upholsterer, June 5 at 10, Nottingham, aud. ac.; July 10 at 10, div.-John Hopkinson, Nottingham, grocer, June 5 at 10, Nottingham, aud. ac; July 10 at 10, div.Edward Baker, Newport, Monmouthshire, carrier, June 14 at 11, Bristol, div.-Henry Wilson, Old Swindon, Wiltshire, grocer, June 21 at 11, Bristol, fin. div.-James Holland and Edward Warden, Preston, tallow chandlers, June 19 (and not June 4, as advertised in last Tuesday's Gazette) at 12, Manchester, div.-Jas. Worrall, Bolton and Manchester, manufacturer, June 6 at 12, Manchester, div.-Bartholomew Steel, Birks, Sheffield, brush manufacturer, June 16 at 10, Sheffield, Sheffield, glass dealer, June 16 at 10, Sheffield, div.-Wm. div.-Henry Swire, Skipton, and John Lockwood, Shipley, Yorkshire, worsted manufacturers, June 26 at 12, Leeds, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Samuel Randall, Wellingborough, Northamptonshire, shoe manufacturer, June 16 at half-past 12, London-Henry Shaw Goodman, Starch-green, Hammersmith, varnish maker, June 16 at half-past 1, London.-Isaac_William Walton, Haymarket, hotel keeper, June 15 at 11, London.-Antoni Forrer, Regent-street, jeweller, June 15 at 12, London.-John Thynne Carr, Regent-terrace, City-road, timber merchant, June 18 at 1, London.-William Attack, Canning-town, Plaistow-marshes, Essex, engineer, June 18 at 1, London.-George Harris, London Gazettes... Leading Article Notes of the Week.. First Report of the County Courts Commission.. NAMES OF THE CASES REPORTED. CONTENTS. 212 213 214 215 Hawkins v. Gathercole. (Ecclesiastical benefice· Judgment-Charge under stat. 1 & 2 Vict. c. 110, 8. 13-Construction of stat. 1 & 2 Vict. c. 110, s. 13). ROLLS COUrt. 481 THE conflict of jurisdiction which prevails between the insolvent courts and the county courts is not only an anomaly in itself, but is also practically unjust in its consequences. The result of the present state of things in this respect is this—a man takes the benefit of the Insolvent Act, whereby, having given up all his property, he is discharged from his debts. Notwithstanding such discharge, however, and that by reason of his property having passed from him he has been rendered incapable of paying any of such debts, a county court judge may commit him for forty days, and so on for successive periods of equal duration, for non-payment of the very debts from which he has been discharged, provided a judgment had been obtained for them in the county court, and this commitment may be in respect of such conduct of the debtor as has already been punished by the sentence of the insolvent court. The jurisdiction of the county court in this respect is exercised under sects. 98 and 99 of the 9 & 10 Vict. c. 95, whereby any party who has obtained any unsatisfied judgment or order in any court held by virtue of this act for the payment of any debt, or damages, or costs, may obtain a summons from any county court, &c., requiring him to appear to answer such things as are named in the summons, and he may be examined touching his estate and effects, and the manner and circumstances under which he contracted the debt or incurred the liability, and as to the means and expectations he then had, and as to the property and means he still has, of discharging the same, and as to the disposal he may have made of any property. If he does not attend pursuant to the summons, and does not allege a sufficient excuse for not attending; or if he attends, and refuse to be sworn or disclose any of the By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Riccard v. The Inclosure Commissioners for England and Wales.-(Inspection of documents-14 & 15 Vict. c. 99, s. 6-Issue under Inclosure Act, 8 & 9 Vict. c. 118-Title deeds-Relevancy to the issue) 495 Delany v. Alcock.—(Agreement unstamped-Nullity). 498 Lake v. Butler.-(County court-Concurrent jurisdiction-Plaintiff dwelling twenty miles from defendant-Mode of measurement-9 & 10 Vict. c. 95, s. 128)..... COURT OF COMMON PLEAS. By W. PATERSON and W. MILLS, Barristers at Law. Bamberger v. The Commercial Credit Mutual Assurance Society.-(Policy of assurance, construction of-Condition precedent, implied averment of— Cancellation-Pleadiny).. 499 500 503 things aforesaid, or does not answer as to the same to the satisfaction of the judge; or if it shall appear to the judge that in incurring the debt or liability the party has obtained credit from the plaintiff under false pretences, or by means of fraud or breach of trust; or has wilfully contracted such debt or liability without having had at the time a reasonable expectation of being able to pay or discharge the same; or has made any gift, delivery, or transfer of any property, or charged, removed, or concealed the same, with intent to defraud his creditors; or that he had at the time of or since the obtaining of the judgment sufficient means and ability to pay the amount, altogether or by instalments, which the court may have ordered, and he refuses or neglects to pay the same as ordered; he may be committed to the common gaol or house of correction for any period not exceeding forty days. Now, contrast with these sections those provisoes of the Insolvent Act, 1 & 2 Vict. c. 110, relating to the discharge of the insolvent. By sect. 75, after the examination of the prisoner, upon his swearing to the truth of his schedule, and executing a warrant of attorney to enter up judgment, whereby his future effects may be taken in order to satisfy the debts in the schedule, he may be discharged, at such time as may be directed by the Court, from the debts due at the time of the vesting order to the persons named in the schedule, &c. By sect. 76 (the discretionary clause) the Court has power to adjudge him to be discharged at a period not exceeding six months from the making of the vesting order. By sect. 77, if it appear to the Court that the prisoner has fraudulently destroyed or withheld books, &c. relating to his affairs, or kept false books, or with intent of diminishing the sum to be divided among his creditors, or of giving an undue preference, discharged or concealed any debt, or made away with &c. any of his property, his discharge may be deferred for three years. By sect. 78, if it appear that he has contracted any debt fraudulently, or by means of breach of trust or of false pretences, or without any reasonable or probable expectation at the time when contracted of paying the same, or caused unnecessary expense by any vexatious or frivolous defence, or that he is indebted for damages recovered in an action for crim. con., or seduction, or breach of promise of marriage, or malicious prosecution, or libel, or slander, or for other malicious injury, or malicious tort, or trespass, his discharge may be deferred for two years. By sect. 88 provision is made for applications to the Insolvent Court in order to take any future effects; and by sect. 90 it is enacted that no person who shall have become entitled to the benefit of the act shall at any time thereafter be imprisoned by reason of the judgment entered up on the warrant of attorney, or for or by reason of any debt or sum of money or costs with respect to which such person shall have become so entitled, or for or by reason of any judgment, decree, or order for payment of the same; but upon every such arrest the Court from which the process issued may release him from custody. By sect. 91, after discharge, no writ of fi. fa. or elegit is to issue on any judgment obtained in respect of any debt from which he has been discharged. The question, after having excited much controversy in the insolvent and county courts, and having been raised on several occasions in the common-law courts, (Ex parte Pardy, 1 Lownd., M., & P. 16; Still v. Booth, Ìd. 440), was brought before the Common Pleas in the case of Abley v. Dale, (11 C. B. 378; 15 Jur., part 1, p. 1012; S.C., A.D. 1851). That was an action of trespass for obtaining the committal of the plaintiff by a county court judge under the provisions before referred to, although the plaintiff had been discharged from the debt under the Insolvent Act. The Court held, that there was a discretion to commit, upon the ground that the judgment was an "unsatisfied" one, but said that it was a discretion which should be exercised with ex county court judge's summons; and several impor- It seems, therefore, that our Courts do not possess NOTES OF THE WEEK. (May 22) decided that the twenty miles mentioned in THE BILLS OF EXCHANGE BILL.-The select committee The com of the House of Commons on the Bills of Exchange Bill and the Bills of Exchange and Promissory Notes Bill have just reported the minutes of evidence taken before them. The witnesses include Mr. J. Gilman, the Lord Advocate of Scotland, Mr. Park Nelson, and Mr. W. H. Walton. The committee report that they have carefully considered the two bills committed to them, and have determined to proceed with the Bills of Exchange and Promissory Notes Bill, the provisions of which they have carefully considered. treme caution, and only under very special circum- troduce a new system of procedure if the forms of the mittee were of opinion that it was unadvisable to instances. The Court there said-"It certainly does seem to be manifestly unjust to commit, for the non-view; and, on hearing the evidence, it appeared to English law could be made available for the object in payment of a particular creditor, a man whose whole them' that summary procedure might easily be introproperty is transferred, by order of a competent court, duced into the English law, and that the costs under to an assignee, for the equal benefit of all his creditors. the Scotch system would not, on the whole, be less than And many may think it absurd that a co-ordinate those incurred under English practice. Several diviauthority should be given to the insolvent commissioners and the judge of the county court, and that sions took place in the committee. Sir Erskine Perry the latter should have power to commit for an act Walpole; and in the discussion of the details of the bill was voted into the chair by a majority of one over Mr. which the commissioner, with the same jurisdiction, may have punished by his remand, or adjudged to be three divisions occurred, independently of one on the venial by an immediate and absolute discharge-an proposition, "That every protest of a notary public of absurdity which is in no respect diminished by the a bill of exchange or promissory note should be rerecent transfer of the jurisdiction of the insolvent comceived in all proceedings under the act as evidence of missioners, in certain cases, to the judges of the county the facts therein set forth, in like manner as the procourts. But we cannot adopt this rule to the full test of foreign bills of exchange is now received as eviextent to which it is pressed. If the precise words used dence of such facts," which was negatived by a majority are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even though it do lead, in our view of the case, to an absurdity or manifest injustice." The case of Abley v. Dale has been subsequently recognised by the Court of Queen's Bench in Ex parte Christie, (24 L. J., Q. B., 144; 1 Jur., N. S., part 1, p. 211), and also in Ex parte Sumner, (not yet reported). The latter case was subsequently moved in the Court of Common Pleas, when that Court upheld its former decision in Abley v. Dale, and also held that it was not affected by their subsequent decision in Er parte Dakins, (1 Jur., N. S., part 1, p. 378). In the last-named case one of the priests in ordinary of the Chapels Royal was discharged, on the ground of his privilege, from commitment for not appearing to a of five to three. HOUSE OF LORDS.-May 22. LIMITED LIABILITY. In discussing a motion for suspending the standing orders in favour of the Fibre Company's Bill, The Earl of Derby said he had to complain of the course taken by the Government upon the whole subject of limited liability. A bill was announced to be in preparation last November with regard to the law of partnership, and almost at the commencement of this session he had put a question as to what was the intention of the Board of Trade on the subject. He was then told that it was considered of great importance to settle this question without delay, and that very soon after Easter a bill should be introduced with that object. They had now, however, approached so near to |