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The Board of Directors meets weekly, when a full statement of the affairs of the bank is laid before them. Letters of credit granted on the Continent, and on the chief commercial towns of the world. GAZETTES.-FRIDAY, July 27. BANKRUPTS. ARTHUR FERDINAND DE NEUMANN, Gloucesterstreet, Pimlico, and Lime-street, dealer and chapman, (trading under the style or firm of Arthur Ferdinand Neumann & Co.), Aug. 9 at half-past 11, and Sept. 6 at 12, London: Off. Ass. Johnson; Sol. Foord, Pinners' Hall, Broad-street.-Pet. pres. June 19. ALFRED GIBSON, Great St. Helen's, London, ship broker, Aug. 15 at 1, and Sept. 12 at 2, London: Off. Ass. Gra ham; Sol. Cox, Pinners' Hall, Broad-street. Pet. f. May 31. WILLIAM WATKIN FORD, Sydney-cottage, Hornsey, and Howard-buildings, Brick-lane, Old-street, St. Luke's, dealer and chapman, Aug. 6 at half-past 12, and Sept. 8 at 1, London: Off. Ass. Nicholson; Sol. Owen, 2, Bucklersbury.-Pet. f. July 25. MEETINGS. 4 William Harris Paul, Lawrence-lane, Cheapside, sack manufacturer, Aug. 7 at 11, London, and. ac.-Frederick William Lister, Great Queen-street, Lincoln's-inn-fields, and Southampton-row, Russell-square, and William Lister, Great Queen-street, jewel-case makers, Aug. 7 at 11, London, aud. ac.-Henry Nathaniel Byles, Gosport, Southampton, brewer, Aug. 7 at 11, London, aud. ac.-Alfred Dixon Toorey and Joseph Wyatt, Aldermanbury, wholesale stationers, Aug. 8 at 12, London, aud. ac.-William Paxon, Hampstead, auctioneer, Aug. 7 at 11, London, aud. ac.-Thomas Scully and Edward Scully, Curtain-road, Shoreditch, wholesale cheesemongers, Aug. 7 at 11, London, aud. ac.-Prescott Corless, Wigan, Lancashire, ironmonger, Aug. 17 at 11, Liverpool, div.-Joseph Jackson, Liverpool, draper, Aug. 17 at 11, Liverpool, div.-John Pointon, Monks Coppenhall, Cheshire, innkeeper, Aug. 22 at 11, Liverpool, div.-Isadore Bernstein, Liverpool, commission agent, Aug. 20 at 11, Liverpool, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or Wilmot James Nokes, South-street, Spitalfields-market, potato salesman, Aug. 17 at half-past 1, London.-James Harris, Commercial-road, Lambeth, and Cornbury-place, Old Kent-road, Surrey, also Charlton, near Woolwich, and Plumstead, Kent, potter, Aug. 17 at 12, London.-Thomas Collingwood Ker, Hans-place, Chelsea, dealer in railway shares, Aug. 17 at 11, London.-Christopher Rowles Bell, Hounslow, Middlesex, coal merchant, Aug. 20 at 1, London. Lon--Thomas Bothell Lawford and Edwin Maitland, Georgeyard, Lombard-street, wine merchants, Aug. 20 at 2, London. STEPHEN EDWARD SHERWOOD, Sellinge, near Canterbury, tailor, Aug. 6 at 1, and Sept. 15 at 12, London: Off. Ass. Nicholson; Sols. Morris & Co., Moorgate-streetchambers.-Pet. f. July 19. PEMBLE BROWNE, Grosvenor-street, Bond-street, and Charlton, Kent, dealer and chapman, (formerly trading at Melbourne, Victoria, Australia, with John Edwards Browne, and lately trading with Charles Serrant Walsh, deceased, at Grosvenor-street), Aug. 4 and Sept. 7 at 1, London: Off. Ass. Whitmore; Sol. Wellbourne, 17, Duke-street, don-bridge, Southwark.-Pet. f. July 25. ROBERT BROWN, Lime-street, London, and Port Wallace, Nova Scotia, dealer and chapman, Aug. 3 at 12, and Sept. 8 at 1, London: Off. Ass. Cannan; Sols. Messrs. Harrison, 5, Walbrook.-Pet. f. July 23. JOSEPH SKINNER, Bouverie-street, Fleet-street, carpenter, Aug. 3 at half-past 12, and Sept. 7 at half-past 11, London: Off. Ass. Cannan; Sol. Capreol, 4, Gray's-innsquare.-Pet. f. July 24. JOHN JONES, Tottenham-court-road, glass dealer, Aug. 4 and Sept. 7 at half-past 1, London: Off. Ass. Whitmore; Sol. Seaman, 12, Pancras-lane, Cheapside.-Pet. f. July 18. GEORGE GOODFELLOW, Rowell, Northamptonshire, currier, Aug. 4 at half-past 11, and Sept. 8 at 12, London: Off. Ass. Cannan; Sols. Rawlins, Market Harborough; Page, 13, Duke-street, Manchester-sq.-Pet. f. July 26. July 20. THOMAS REED, George-street, Mile-end New-town, dealer PHOEBE WESSON, Loughborough, Leicestershire, bleacher, 10 and 31 at 12, Manchester: Off. Ass. Hernaman; Sols, Brooks & Marshall, Ashton-under-Lyne.-Pet. f. July 25. Francis Butter, Berkley-street, Clerkenwell, and Highstreet, Islington, baker, Aug. 20 at 2, London.-Joseph Douglas, Sumner-terrace, Brompton, apothecary, Aug. 20 at half-past 12, London.-Charles Blanks, East Hanningfield, Essex, blacksmith, Aug. 20 at half-past 2, London.-John Fenton, Liverpool, apothecary, Aug. 20 at 11, Liverpool.Thomas Lake, Wakefield, grocer, Aug. 20 at half-past 11, Leeds.-William Powell, York, linendraper, Aug. 20 at 12, Leeds. To be granted, unless an appeal be duly entered. Noble, Liverpool, shipwright.-John Wilson and Benjamin Robert Neal, Wandsworth-common, Surrey, carman.-J. Wilson, Manchester, tailors.-Wm. Eggleston, Halifax, stuff merchant.-Joseph Bunnell Thompson, Rotherham, Yorkdraper.-Richard Underwood, Leicester, hosier.-Edwin S. shire, linendraper.-Edmund Stevens, Walsall, Staffordshire, Brookes, Loughborough, Leicestershire, hosier.-W. Heskin Osborn, Leicester, wine merchant.-Thos. Hollier, Leicester, Ward, Leicester, fishmonger.-Moritz Gumpel Cohn, Great woolstapler.-Isaac Pochin, Leicester, jeweller.-George 1. Bridge, Staffordshire, pawnbroker.-John Willmore, Leices ter, woollendraper.-Henry Barber, Kidderminster, licensed victualler.-John Hopkinson, Nottingham, grocer. TUESDAY, July 31. BANKRUPTS. THOMAS EDGLEY, Skinner-place, Sise-lane, dealer and chapman, Aug. 10 and Sept. 7 at 2, London: Off. Ass. Whitmore; Sols. Venning & Co., 9, Tokenhouse-yard.— Pet. f. June 21. GEORGE HOOPER, Arbour-square, Commercial-road East, shipowner, Aug. 9 and Sept. 7 at 1, London: Off. Ass. Whitmore; Sol. Shephard, 16, Clifford's-inn, Fleet-street. -Pet. f. July 28. WILLIAM GEORGE BROWN, Dartford, dealer and chap. man, Aug. 10 and Sept. 7 at 11, London: Off. Ass. Cannan; Sol. Chidley, 19, Gresham-street.-Pet. f. July 27. THOMAS BACON, Colchester, printer, Aug. 8 at 1, and Sept. 15 at half-past 12, London: Off. Ass. Nicholson; Sols. Abell & Jones, Colchester, and 42, Southamptonbuildings.-Pet. f. July 27. FREDERICK GADD, Chichester, grocer, Aug. 7 at 1, and Sols. 2 4 VICE-CHANCELLOR WOOD'S COURT-(Continued). Chalmers v. M'Leod.-(Husband and wife-Assignment by wife to husband before marriage) COURT OF QUEEN'S BENCH. ...... 724: THE clauses of the stat. 1 & 2 Vict. c. 110, which give to judgment creditors the same rights against the debtor's property as if he had himself charged it with the debt have been prolific of perplexing questions. In the case of Whitworth v. Gaugain, (Cr. & Ph. 325), Lord Cottenham was misled by the word "charge" into an erroneous interpretation of the act, which was corrected by Sir J. Wigram, V. C., and afterwards abandoned by the Chancellor himself, with the unanimous assent of the Profession. (3 Hare, 416; 1 Ph. 728). In Hawkins v. Gathercole, (1 Sim., N. S., 74), Lord Cranworth, while Vice-Chancellor, decided, upon words which were certainly literally capable of no other construction, that the act extended to charge benefices; and the reversal of his decision by the Lords Justices (1 Jur., N. S., part 1, p. 481) has not met with such universal acquiescence. The case of Watts v. Porter (decided by the Court of Queen's Bench in Trin. Term, 1854; 3 El. & Bl. 743; 1 Jur., N. S., part 1, p. 133) may, perhaps, be classed with those we have mentioned, as one in which the fatal word "charge" has betrayed more judges. That case arose upon the 14th section of the act, which is rather differently worded from the 13th. It enacts, that if a judgment debtor has any Government stock, funds, or annuities, or stock or shares of or in any public company, standing in his name, or in the name of a trustee for him, a judge of one of the superior courts may, on the application of the judgment creditor, "order that By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Tibble, App., Beadon, Resp.-(Watermen's Act, 7 & 8 Geo. 4, c. lxxv, 88. 37, 101-Conviction-Nonfreeman Navigating for hire—“ Western barge") 725 Edmonds, App., The Master and Warden of the Company of Watermen, Resps.-(Watermen's Act, 7 & 8 Geo. 4, c. lxxv, ss. 57, 102, 103-Bye-law -Employment of non-freemen· Conviction of freeman) Esposito v. Bowden.-(Charterparty between British 727 729 732 733 736 CORRIGENDUM.-In Contents, ante, p. 305, Reg. v. The Registrar of the Pharmaceutical Society should have been printed as reported by W. B. Brett, Barrister at Law. such stock, funds, annuities, or shares, or such of them, or such part thereof respectively, as he shall think fit, shall be charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor." In Watts v. Porter, which was an action against an attorney for negligence in lending his client's money on the security of a mortgage of an equitable interest in a sum of stock, without giving notice of the mortgage to the trustees of the stock, the loan was made in 1844; in 1847 two creditors of the mortgagor recovered judgment against him for a debt exceeding the value of the stock, and in 1848 obtained a judge's order charging the stock with the judgment debt, which order was regularly entered on the books of the Bank of England, and notified to the trustees of the stock. The debtor was subsequently discharged by the Insolvent Debtors Court; and it was held by Lord Campbell, C.J., and Wightman and Crompton, JJ., (dissentiente Erle, J.), that the charge created by the judge's order had priority over the mortgage; for it was by no means to be imputed to the Legislature, that in speaking of a charge it did not contemplate a fraudulent charge as much as an honest one. They relied on the doctrine in Dearle v. Hall and Loveridge v. Cooper, (3 Russ. 1), that "whenever persons treating for a chose in action do not give notice to the trustee or executor who is the legal holder of the fund, they do not perfect their title, and they do not do all that is necessary in order to make the thing belong to them in preference to all other persons." Lord Camp bell, in delivering judgment for himself and his colleagues, said, "Every tribunal administering justice according to the statute must consider only the effect intended by the Legislature to be given to the charging order; and this is to be learned from the language in which the meaning of the Legislature is expressed, without interpolating something not to be found. In the 14th section it gives in the most unequivocal terms the same remedies to the judgment creditor who has obtained the charging order to which he would have been entitled 'if such charge had been made in his favour by the judgment debtor.' The defendant's counsel contended that we are bound to understand the word 'honestly' to be implied, and that the charging order is only to have the effect which a charge of the debtor would have had if made honestly. To interpolate the word 'honestly' would, we think, be a qualification of the enactment wholly unauthorised. The words that are to be understood as implied by the Legislature, we think, are, validly and effectually."" [Is not this "interpolating something not to be found?"] "The debtor could not validly and effectually make a charge to have priority over an antecedent equitable charge to which the incumbrancer has completed his title, and therefore the charging order has no such operation; but the first incumbrancer not having completed his title by notice to the trustees, the debtor might make a charge to a subsequent incumbrancer, which in point of law would be valid and effectual. At the time of this charging order the stock still continued to stand in the names of the trustees, in trust for the judgment debtor; till notice from the mortgagee, they were not trustees for her; and immediately after notice of the charging order, they became trustees for the judgment creditor." The short answer to this appears to be a denial of the assumption that the trustees of the stock were not trustees for the mortgagee before notice. It is perfectly clear that they became so immediately upon the making of the mortgage, and that a voluntary assignment of the stock by the mortgagor, perfected by notice to the trustees, would have passed nothing more than the equity of redemption. From the date of the mortgage the trustees held the stock in trust for the mortgagee, and subject to the satisfaction of his charge, in trust for his mortgagor. It was upon this last trust alone that the charging order operated. Thus, if after the first mortgage the mortgagor had made a second mortgage of the stock, (even without notice of the first), the second mortgagee would, by virtue of his mortgage merely, take nothing but a charge on the equity of redemption; and if he had notice of the first mortgage when he made his advance, he could not enlarge his right by diligence in giving notice to the trustees. Would notice of the first mortgage to the judgment creditor before obtaining his judgment, or before obtaining his charging order, or before giving intimation to the trustees, confine his charge to the equity of redemption, in the opinion of the Court of Queen's Bench? Nothing can be clearer or more conclusive than the following concise summary of the doctrine in Whitworth v. Gaugain given by Erle, J., in the case under consideration: ing in trust for him, but in trust for the assignee-at least, as between these parties. The assignee could at any time compel the trustee to transfer the stock to sist the claim of such assignee on the ground that he him, and neither the debtor nor the trustee could rehad given no notice to the trustee; and what is true of an assignment of the whole stock is true of a partial charge thereon. "It is admitted that this would be the effect of the charging order upon stock standing in the debtor's name, and equitably mortgaged by him before the charging order. The equitable mortgagee would have priority; for the debtor would be trustee of the stock for him, and the stock would not be standing in his name on his own behalf. It is not probable that the Legislature intended to give a greater effect to the order upon stock standing in the name of a trustee than it would have upon stock standing in the debtor's name. "Also the charge intended by the statute must be taken to be a lawful charge; for it is not to be supposed that the Legislature intended to force the debtor into the situation of a breaker of the law. Now, if the debtor made a lawful charge on stock, he would either specify his interest therein, or charge it subject to outstanding incumbrances. The compulsory charge by a judgment creditor is analogous to a charge expressed to be on such interest as the debtor might have; and if worded in that way, the charge would give no right beyond what the debtor had, as a charge so worded The second charge would not take priority over the seems to be notice to the creditor taking it to inquire. first, unless the debtor charged as unincumbered that which was incumbered; if he did so, he would clearly violate the law, so far as to be liable to an action of tort for the damage arising from the false representabered, and obtained the advance by that falsehood, he tion. If he asserted expressly that it was unincumwould be indictable for a false pretence. The judg ment creditor, therefore, would not be entitled to priority over the first mortgagee if the charge intended in sect. 11 is a lawful charge. "Furthermore, the claim to take the stock from the he has lost the stock in any event, but a remedy against first mortgagee is not a remedy against the debtor, for the first mortgagee-a remedy given upon the general principle for deciding which of two innocent claimants shall suffer by the fraud of a third party, viz. he who facilitated the fraud. Such is the doctrine of Loveridge with a second mortgagee who has been deceived into v. Cooper. Now, a judgment creditor is in no analogy taking as unincumbered a security that was incumbered. The judgment creditor has trusted to no particular security; he has rights which may be made to charge all the available assets of the debtor, and among the rest his [equity of redemption of the] stock; but he has advanced nothing on the stock, and has been in no way deceived in respect thereof; and the judgment debtor, by suffering judgment, has not used deception, nor been guilty of fraud. The reason, therefore, for giving priority to a second mortgagee over a first wholly fails in respect of a judgment creditor." It will be seen that the Court of Queen's Bench, in deciding Watts v. Porter, has committed precisely the same mistake which Lord Cottenham made on the first hearing of Whitworth v. Gaugain, and which he subsequently corrected. We confidently anticipate that the authority of Whitworth v. Gaugain will be restored by a reversal of the decision in Watts v. Porter. NOTES OF THE WEEK. "The debtor's interest only is charged, for the condition in the statute for the charge is, that there should be stock standing in the name of a trustee, in trust for IN Wright v. Lord Maidstone, (before Sir W. P. the debtor. Now, if the debtor has already assigned Wood, V. C.), a bill praying that the defendant might the stock without notice to the trustee, it is not stand-be decreed to pay the amount of his acceptance, which |