1855. WILLIAM OSLER, Earl-street, Finsbury-square, dealer CUMIN'S MANUAL OF CIVIL LAW. and chapman, Aug. 15 at half-past 12, and Sept. 15 at 2, A MANUAL of CIVIL LAW; or, Examination in the JOHN WILLIAM PHILIP GRAHAM, King's-road, Chel- dealer and chapman, Aug. 14 and Sept. 28 at 1, London: VINCENT SNOOK and JOHN THOMAS SNOOK, JAMES POTTS, Monks Coppenhall, Cheshire, brickmaker, SOLOMON CLEGG and JAMES FOX, Newcastle-upon- MEETINGS. Institutes of Justinian: being a Translation of and Commentary on that Work. With an Introduction on the History of the Roman Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Law. In 12mo., price 10s 6d. cloth. "The work is extremely well done."-Law Times, April 22, 1854. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. Recently published, in 12mo., price 10s. 6d. cloth, A MANUAL of the LAW of MARITIME WARFARE: Judges, and of the American Courts, and the Opinions of the most eminent Jurists. With an Appendix of the Official Documents and Correspondence in relation to the present War. By WILLIAM HAZLITT and HENRY PHILIP ROCHE, Esqrs., Barristers at Law. embodying the Decisions of Lord Stowell and other English Stevens & Norton, 26, Bell-yard, Lincoln's-inn. DART'S VENDORS AND PURCHASERS. A COMPENDIUM of the LAW and PRACTICE of prising the Authorities down to the Time of Publication. VENDORS and PURCHASERS of REAL ESTATES; com By J. HENRY DART, Esq., Barrister at Law. Second Edition. In Svo., price 21s. boards. "In the case of Ware v. Lord Egmont the Vice-Chancellor referred to this work in these terms:-'A learned text-writer on this subject, Mr. Dart, in a book of very great merit, his Vendors and Purchasers,' enters into a disquisition on this judgment,' &c."-18 Jurist, p. 372. "In conclusion, we recommend this work to the practitioner as a complete book, and one that will warrant his confidence, and furnish able assistance in all matters relating to the sale and purchase of estates; and we think no better book can be read by students, for the purpose of giving them a condensed view of the subject, and enabling them to see the application of those principles and rules with which a general study of the law has furnished them."-Law Studert's Ma"Mr. Dart's labours have produced in this compendium a readable for the use of beginners. He has paid particular attention to the attainment of a logical arrangement, and a clear and concise style... also made an useful book of practice... Without sacrificing its character as an elementary treatise, Mr. Dart has The work is well worthy of a place, not only in the general library, but in that selection of books which the working lawyer looks upon as his best tools; which come most readily to his hand, and which he gets to look upon as a part of himself."-Law Review, May 1, 1851. gazine. "The work is short, readable, and very accurate. . . . With these quotations we will close our notice of a work which is obviously prepared with great care, and will, we think, become a standard text-book."Jurist, March 2, 1851. Thomas Hutchings, Park-street, Westminster, and Great Grimsby, Lincolnshire, and Anston, Yorkshire, railway contractor, Aug. 17 at half-past 12, London, pr. d.-W. Needham and S. White, Friday-street, Cheapside, velvet manufac-book turers, Aug. 23 at half-past 12, London, last ex.-J. Horrocks, Salford, grocer, Aug. 29 at 12, Manchester, last ex.-George Newman, Stratford-place, Camden-town, builder, Aug. 18 at 11, London, aud. ac. - George Edward Neal, Pembury, Kent, innkeeper, Aug. 17 at half-past 1, London, aud. ac.— Patrick Fenn, Brecknock-place, Camden-town, linendraper, Aug. 17 at half-past 1, London, aud. ac.-John Vowe, Surrey-place, Old Kent-road, oilman, Aug. 23 at 12, London, aud. ac.-John Pointon, Monks Coppenhall, Cheshire, innkeeper, Aug. 21 at 11, Liverpool, aud. ac.-. -Joseph Jackson, Liverpool, draper, Aug. 16 at 11, Liverpool, aud. ac.-Benj. Newton, Brighton, brush manufacturer, Aug. 28 at 1, London, div.-J. Crouch and Job Crouch, Wimbledon, builders, Aug. 28 at 2, London, div.-Francis Edward Bingley, Groveterrace, St. John's-wood, and Somerset-terrace, Pimlico, sharebroker, Aug. 28 at 12, London, div.-Wm. West and John West, Donnington, Lincolnshire, linendrapers, Aug. 28 at 2, London, div.-Patrick Hayes, Widnes, Lancashire, oil manufacturer, Aug. 29 at 12, Liverpool, fin. div.-Patrick Shanley, Manchester, boot and shoe dealer, Aug. 29 at 12, Manchester, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Wm. Baker, Cumberland-market, Middlesex, licensed victualler, Aug. 28 at 12, London.-Jonathan Smart, Saffron "Its plan is well arranged, the cases are carefully collected, the law is clearly expounded, and in every part of the treatise there is a great deal of learning. ... The style is singularly compact."-Law Times, Stevens & Norton, 26, Bell-yard, Lincoln's-inn. March 8, 1851. Recently published, in 1 thick vol., 8vo., price 17. 10s. cloth boards, THE LAW of RAILWAYS, RAILWAY COMPANIES, H. Sweet, 3, Chancery-lane, Fleet-street. BEAUMONT'S NEW COPYHOLD ENFRANCHISEMENT ACT In 12mo., price 2s. sewed, 15 & 16 Vict. c. 51, with Notes, and full Abstract of the preceding Acts; including also Plain Directions for Copyhold Valuers, and Short Tables of Values of Life Estates. By G. D. BARBER BEAUMONT, Esq., Barrister at Law. H. Sweet. 3, Chancery-lane, Fleet-street. HAYES & JARMAN'S CONCISE FORMS OF WILLS. Walden, Essex, cabinet maker, Aug. 28 at 1, London.--John THE NEW COPYHOLD ENFRANCHISEMENT ACT, Mayhew, Clarence-villas, Mortimer-road, De Beauvoir-town, Kingsland, and Leadenhall-street, mine share dealer, Aug. 29 at 12, London.-Frederick Trapnell, Bristol, timber merchant, Sept. 4 at 11, Bristol.-John Brooks, Weston-superMare, Somersetshire, wine merchant, Sept. 3 at 11, Bristol. -John Darcy and Richard Dierden, Sutton, Lancashire, alkali manufacturers, Aug. 29 at 11, Liverpool.-J. Bentley Carr, Ashton-under-Lyne, Lancashire, brewer, Aug. 31 at 12, Manchester.-John H. Moore, Kingston-upon-Hull, joiner, Sept. 12 at 12, Kingston-upon-Hull.-George Edwards, Oldswinford, Worcestershire, licensed victualler, Sept. 10 at halfpast 10, Birmingham.-John Blakeway, Birmingham, lamp THE LAW and PRACTICE of the COPYRIGHT, REmanufacturer, Sept. 10 at half-past 10, Birmingham. To be granted, unless an appeal be duly entered. W. Harding, Great Saffron-hill, Holborn, baker.-Joshua Monckton, King-st., Baker st., licensed victualler.-William Fitch, Old Fish-st.-hill, Upper Thames-street, wholesale stationer. Frederick Dawson Hiorns, Coventry, ironmonger.Peregrine Joyce, Worcester, commission agent.-T. Spurrier, Walsall, Staffordshire, maltster.-Thos. Medding, Chadwell Court Mill, Staffordshire, miller.- Wm. Butcher, Lichfield, Staffordshire, coach builder.-Wm. Tomkys, Wolverhampton, plumber. CONCISE FORMS of WILLS, with Practical Notes. By In 1 vol. 12 mo., price 4s. 6d. cloth boards, GISTRATION, and PROVISIONAL REGISTRATION of THE RIGHTS of BRITISH and NEUTRAL COM MERCE, as affected by recent Royal Declarations and Orders in Council. By JOHN HOSACK, of the Middle Temple, Barrister at Law. H. Sweet, 3, Chancery-lane. 11 IMPORTANT TO SOLICITORS AND OTHERS. Large Consumers of Stationery may effect a "Saving of at least Thirty per Cent." by purchasing at PARTRIDGE & COZENS' WHOLESALE AND RETAIL STATIONERY WAREHOUSE, The largest, cheapest, and best-assorted STOCK OF LAW AND GENERAL STATIONERY article Outsides Draft-for office copies, &c., (all perfect sheets) 8 9 Best Ruled Draft 15s. 6d., 16s. 6d., and 17 6 Blue Ruled Brief or Abstract 18 6 108. 6d., 12s. 6d., and 16 Extra superfine ditto, (a first-class paper) 17 6 Best Ruled Foolscap, for Bills of Costs, Agency, and other pur Fine Laid Foolscap poses Very best Pink Blotting, 5 quires for 4s., or White 5s., or LIMITED LIABILITY. Just published, in 8vo., price 2s. Cd. sewed, OBSERVATIONS on the EXISTING and the PRO. POSED RULES for ASCERTAINING the DEBTOR in POLLOCK'S PRACTICE OF THE COUNTY COURTS. THE PRACTICE of the COUNTY COURTS; in Eight 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.-S. 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 the Inner Temple, Barrister at Law. The Second Edition, much enlarged. H. Sweet, 3, Chancery-lane, Fleet-street. THE COMMON-LAW PROCEDURE ACT, WITH THE NEW Just ready, in 1 vol. 12mo., price 10s. cloth boards, 1854, THE COMMON-LAW H. Sweet, 3, Chancery-lanc, Fleet-street. THE LAW OF LETTERS PATENT. 136 A TREATISE on the LAW of LETTERS-PATENT for 18 6 Cream Laid Black Bordered Note, 5 quires for 2s., or 7 6 Cream Laid Black Bordered Envelopes, 1s. per 100, or 9s. per 1000. Partridge & Cozens' Envelope Note Paper, Blue or Cream Laid, “best quality," 78. 6d. per ream. Royal Cartridge, 1s. per quire, or 5 quires for 4s. 6d. Large size, fine and thick ditto, 28. per quire, or 5 for 8s. 6d. Brown Paper, 5 quires for 48. 6d. Best stout ditto, 5 quires for 78. Copying Paper, for the Machine, 4s. Gd. per ream. Copying Books, half-bound, strong basil, index and type-paged, &c., Municipal Corporation Acts; comprising the Provisions relating to the 5s. each., 500 leaves. Municipal Elections, the Officers of the Corporation, the Town Council, THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), The Correspondence or Drafting Pen, only 1s. 3d. per box of twelve THE NEW CHANCERY ACTS, (15 & 16 Vict. cc. 80, ་ No. 32, NEW SERIES.-Vol. I. No. 971, OLD SERIES.-Vol. XIX. AUGUST 18, 1855. PRICE 18. SOLICITORS' & GENERAL LIFE ASSURANCE SOCIETY, 52, CHANCERY LANE, LONDON. SUBSCRIBED CAPITAL, ONE MILLION. The attention of the Profession is invited to the advantages offered by this Office to Solicitors and their Clients, which will be found to be greater than in most other Life Offices. ADVANTAGES TO THE ASSURED. 1. Four-fifths of the Profits are divided triennially amongst the Assured. In some Offices the Assured may not be entitled to a Bonus until the expiration of ten years from the time of effecting the Policy, whilst in this Office three years is the utmost limit. 2. At the first division of Profits in May, 1853, a Reversionary Bonus, averaging 451. per cent., was declared on all Participating Policies. In some cases the Bonus exceeded 617. per cent. on the premiums paid. On reference to the Prospectuses of some of the principal Offices, it will be found that the Bonus on their first division was much less, viz. 291. per cent. 3. The next division of Profits will be declared in May, 1856, when all Policies effected in 1855 will participate. In most Offices Assurers do not participate in the Profits until after payment of from three to five annual premiums, but in this Office they may participate on payment of a single premium. LAW-TO COUNTRY SOLICITORS. A CLERK used to the entire working of a London Office wishes for an ENGAGEMENT to CONDUCT the TOWN BUSINESS of a COUNTRY FIRM. He has good offices and furniture of his own, and can give fifteen years' character from two employers, and security. A moderate salary will suffice. Apply to R. T., Mr. Salter's, 168, Strand. In a few days will be ready, THE LIMITED LIABILITY ACT of 1855, and the Act for the Registration, Incorporation, and Regulation of Jointstock Companies, (7 & 8 Vict. c. 110), under which Companies with Limited Liability are to be formed. With an Introduction, Notes, and Forms, and an Index. By GEORGE SWEET, Esq., of the Inner Temple, Barrister at Law. London: Henry Sweet, 3, Chancery-lane; V. & R. Stevens & G. S. THE LAW MAGAZINE for AUGUST 1 contains, Norton, and W. Maxwell, Bell-yard, Lincoln's-inn. besides other Articles, the following:- A Sketch of the History of our Law Merchant. The May Examination Papers for the Degree of Barrister at Law. A Summary of Lord Brougham's Career, Political and Literary. London Butterworths, 7, Fleet-street, her Majesty's Law Publishers. NEW STAMP DUTIES. Recently published, in 8vo., price 8s. 6d. boards, TILSLEY'S NEW STAMP ACTS of 1850, 1853, and 1854; with Notes and Explanatory Observations, and Tables of all the Stamp Duties payable after the 10th October, 1854; together with a Digest of Cases. By HUGH TILSLEY, Assistant Solicitor of Inland A PRACTICAL TREATISE on the LAW of ELECTIONS Revenue. Sixth Edition. Also, by the same Author, in 8vo., price 17. 11s. 6d., A TREATISE on the STAMP LAWS; with Tables of all the Stamp Duties payable in the United Kingdom after the 10th October, 1854. Second Edition. With a Supplement. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. CUMIN'S MANUAL OF CIVIL LAW. A MANUAL of CIVIL LAW; or, Examination in the Institutes of Justinian: being a Translation of and Commentary on that Work. With an Introduction on the History of the Roman Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Law. In 12mo., price 10s. 6d. cloth. "The work is extremely well done."-Law Times, April 22, 1854. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. A BISSET ON ESTATES FOR LIFE. In 8vo., price 13s. boards, PRACTICAL TREATISE on the LAW of LIFE ESTATES, Estates Tail after Possibility of Issue, Curtesy, Dower, Estates pur autre vie, and their incidents, especially with reference to the subject of Waste and Merger. By ANDREW BISSET, Esq., of Lincoln's Inn, Barrister at Law. "Mr. Bisset has earned a sound, if not an extensive, reputation by his very learned work on Estates for Life, published in 1842."-Ju) ist, No. 532, March 20, 1847. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. No. 32, VOL. I., NEW SERIES. By of the United Kingdom, and "The CORRUPT PRACTICES PREVENTION ACT, 1854," with an Appendix of Statutes. JOHN CLERK, Esq., of the Inner Temple, Barrister at Law. Also, by the same Author, price 12s. cloth, The LAW and PRACTICE of ELECTION COMMITTEES, containing all the recent Decisions of Election Committees; with an Appendix of Petitions and Statutes. H. Sweet, 3, Chancery-lane, Fleet-street, Valuable Absolute Reversion, receivable on the death of a Lady aged 65 years. MESSRS. GADSDEN, WINTERFLOOD, & ELLIS have received instructions to SELL by AUCTION, at the Mart, opposite the Bank of England, on Tuesday next, the 21st August, 1855, at 12 o'clock, in one lot, the ABSOLUTE REVERSION to a LEGACY of 2001; likewise the Absolute Reversion to one-seventh part or share in Ground-rents of 100%. per annum, secured on freehold land and houses situated in Mare-street and Lamb-lane, Hackney; a freehold mansion and grounds at Clapton, let on lease at 1307. per annum; copyhold land and houses thereon at Tryons-place, Hackney, let at a ground-rent of 31. 10s. per annum; a piece of land in King Edward'sroad, Hackney, held for 1000 years at 58. per annum, and let at a ground-rent of 12. 15s. per annum; a messuage, garden, stables, and premises, held for a term of about 50 years, at 147. per annum, and of the value of 901. per annum; also mortgage debts amounting to 4420%., and six shares in the United General Gas Company. Full particulars may be obtained of Messrs. Gadsden, Winterflood, & Ellis, 18, Old Broad-street, City, and at the Mart. FF 18 GAZETTES.-FRIDAY, Aug. 10. son and Benjamin Rollason, Bilston, Staffordshire, ironmasters, Sept. 10 at half-past 11, Birmingham.-T. Parton, Ruyton, Eleven Towns, Shropshire, licensed victualler, Sept. 10 at BANKRUPTS. half-past 10, Birmingham. D. Foster, Goole, Yorkshire, THOMAS CHATTERTON, Rye, Sussex, dealer and chap-ironmonger, Sept. 3 at 12, Leeds.-H. Thompson, Ilkestone, man, Aug. 18 at half-past 12, and Sept. 22 at half-past 1, Derbyshire, woollendraper, Oct. 9 at half-past 10, BirLondon: Off. Ass. Whitmore; Sols. Lovell & Co., 14, South-mingham. square, Gray's-inn.-Pet. f. Aug. 8. SAMUEL WILLIAM PARTRIDGE and DANIEL FRAN. CIS OAKEY, Paternoster-row, dealers and chapmen, Aug. 18 at 1, and Sept. 27 at half-past 12, London: Off. Ass. Cannan; Sols. Turnley & Luscombe, 38, Cannon-street.Pet. f. Aug. 9. To be granted, unless an Appeal be duly entered. James Sims, Blakeney, Gloucestershire, tailor.-D. Davies the younger, Neath, Glamorganshire, railway contractor.Wm. Hall, Fordingbridge, Southampton, butcher.- James Gaukroger, New Bridge, Hebble End, and Lord Holme Mills, near Hebden Bridge, Halifax, cotton spinner.-Joseph MarsPARTNERSHIP DISSOLVED. THOMAS LEIGH, Wellingborough, Northamptonshire, dealer and chapman, Aug. 18 at half-past 1, and Sept. 29 den, Balsall Heath, Worcestershire, licensed victualler. at 11, London: Off. Ass. Cannan; Sol. Brisley, 4, Pancraslane, Cheapside.-Pet. f. Aug. 9. JOSEPH MOSES, Lambeth Lower Marsh, dealer and chapman, Aug. 18 at half-past 1, and Sept. 29 at 12, London: Off. Ass. Whitmore; Sol. Cattlin, 22, Ely-place, Holborn. -Pet. f. Aug. 9. WILLIAM LYNALL THOMAS, formerly of Cross-street, Finsbury, cowkeeper, (in co-partnership with James Plimpton, under the firm of Plimpton & Co.), but now of Chapelplace, Cavendish-square, out of business, (a prisoner for debt in the Queen's Prison), Aug. 17 at 11, and Sept. 29 at half-past 11, London: Off. Ass. Cannan; Sol. Sadgrove, 64, Mark-lane.-Pet. f. Aug. 9. HUGH WELCH COOPER, Wakefield-street, Regent-street, builder, and New Oxford-street, licensed victualler, Aug. 25 at 1, and Sept. 27 at half-past 11, London: Off. Ass. Pennell; Sol. Harris, Moorgate-street.-Pet. f. July 24. THOMAS CORAH, Nottingham, dealer and chapman, Aug. 21 and Sept. 18 at 10, Nottingham: Off. Ass. Harris; Sol. Hunt, Nottingham.-Pet. d. Aug. 8. JAMES HAYWOOD, Derby, ironfounder, Aug. 21 and Oct. 2 at 10, Nottingham: Off. Ass. Harris; Sols. Huish & Helm, Derby; Motteram & Knight, Birmingham.-Pet. d. Aug. 7. CHARLES PARSONS, Frome, Somersetshire, dealer and chapman, Aug. 21 and Sept. 18 at 11, Bristol: Off. Ass. Miller; Sols. Brittan & Son, Bristol; Jones, 15, Sise-lane. -Pet. f. Aug. 1. THOMAS WILSON, Manchester, (but now a prisoner for debt in her Majesty's Gaol of Lancaster), dealer and chapman, Aug. 22 and Sept. 14 at 12, Manchester: Off. Ass. Pott; Sols. Clough, Huddersfield; Higson & Robinson, Manchester.-Pet. f. Aug. 1. THOMAS DIXON, Crook, Durham, grocer, Aug. 21 at 11, and Oct. 2 at half-past 12, Newcastle-upon-Tyne: Off. Ass. Baker; Sols. Watson, Newcastle-upon-Tyne; Shield & Harwood, 10, Clement's-lane, Lombard-street.-Pet. f. Aug. 7. JOHN WINSPEARE, Middleton, Stranton, Durham, dealer and chapman, Aug. 17 at 12, and Oct. 2 at 1, Newcastleupon-Tyne: Off. Ass. Baker; Sols. Newby & Richmond, Stockton-upon-Tees; Griffith & Crighton, Newcastle-uponTyne.-Pet. f. Aug. 6. MEETINGS. Wm. Waddell, Liverpool, merchant, Aug. 23 at 11, Liverpool, aud. ac.- - William Rennie, James Johnson, and William Rankin, Liverpool, shipwrights, Aug. 23 at 11, Liverpool, aud. ac. joint est., and sep. est. of Wm. Rankin.-P. Shanley, Manchester, shoe dealer, Aug. 22 at 12, Manchester, aud. ac. -Daniel J. Fynney, Liverpool, corn merchant, Aug. 31 at 11, Liverpool, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. George Smith Stredder, Lancelot-place, Trevor-square, Knightsbridge, builder, Aug. 31 at half-past 1, London.John Turner, Bunhill-row, machine maker, Aug. 31 at halfpast 1, London.-Wm. Cockell, Battersea, licensed victualler, Sept. 1 at 11, London. -Joseph Jackson, Liverpool, draper, Aug. 31 at 11, Liverpool.-Robert Lambert, Liverpool, outfitter, Aug. 31 at 11, Liverpool.-William Jones, Ewloe, Hawarden, Flintshire, licensed victualler, Aug. 31 at 11, Liverpool.-John Christie, Accrington, Lancashire, ironfounder, Oct. 4 at 12, Manchester.-J. T. Robson, Derby, silk manufacturer, Oct. 9 at half-past 10, Birmingham.-David Rolla William Daniel Henry Oehme and William Hovenden Thacker, Bishopsgate-street Within, solicitors and attorniesat-law. TUESDAY, Aug. 14. BANKRUPTS. BENJAMIN HAYNE and CHARLES HAYNE, Upper Whitecross-street and Aldersgate-street, carpenters, Aug. 24 at half-past 12, and Sept. 29 at half-past 1, London: Off. Ass. Whitmore; Sols. Digby, Circus-place, Finsbury. circus; Baylis, Redcross-street.-Pet. f. Aug. 11. ARTHUR COOLING and HENRY MARCHAM, London-wall, dealers and chapmen, (carrying on business under the style of Arthur Cooling & Co.), Aug. 24 and Sept. 29 at 1, London: Off. Ass. Cannan; Sol. Philpot, 49, Gracechurch-street.-Pet. f. Aug. 10. WILLIAM HACKETT, Oxford, dealer and chapman, Aug. 25 at 11, and Sept. 29 at 2, London: Off. Ass. Cannan; JOHN FIELD, Burnham Westgate, Norfolk, draper, Aug. Sols. Parker & Co., 17, Bedford-row.-Pet. f. Aug. 11. 25 at half-past 1, and Sept. 27 at 2, London: Off. Ass. Whitmore; Sols. Sole & Co., 68, Aldermanbury.—Pet. f. CHARLES MERIT RIGG, late of Crane-grove, AlbionJuly 31. road, Holloway, but now of Upper Stamford-street, Blackfriars, apothecary, Aug. 24 at half-past 1, and Sept. 29 at half-past 12, London: Off. Ass. Whitmore; Sols. Messrs. JOHN GROVER, Strand, dealer and chapman, (trading Hopgood, King William-street, Strand.-Pet. f. Aug. 10. under the style or firm of Grover & Co., and also trading under the style or firm of Measam & Co.), Aug. 23 and Sept. 25 at half-past 11, London: Off. Ass. Whitmore; Sol. Heathfield, 19, Lincoln's-inn-fields.-Pet. f. Aug. 13. WILLIAM CHARLES GOODE, High-street, Borough, dealer and chapman, Aug. 31 at 12, and Sept. 27 at 11, London: Off. Ass. Cannan; Sols. Linklaters & Hackwood, CHARLES HORSNELL, Chelmsford, dealer and chapman, 17, Sise-lane, Bucklersbury.-Pet. f. Aug. 14. Aug. 24 at 2, and Sept. 28 at half-past 12, London: Off. Ass. Whitmore; Sols. Goddard & Eyre, 101, Wood-street. -Pet. f. Aug. 13. WILLIAM FAIREY, Bedford, provision merchant, Aug. 31 at 2, and Oct. 2 at 12, London: Off. Ass. Nicholson; Sols, Haxby, Leicester; Sole & Co., 68, Aldermanbury.—Pet. f. Aug. 4. JOSEPH SPENCER, Bilston, Staffordshire, ironfounder, Aug. 25 and Sept. 22 at 11, Birmingham: Off. Ass. Whitmore; Sols. Deakin & Dent, Wolverhampton; James, Birmingham.-Pet. d. Aug. 8. SAMUEL FENN and JOSEPH FENN, Birmingham, tailors, Aug. 25 and Sept. 21 at 11, Birmingham: Off. Ass. Whitmore; Sol. Smith, Birmingham.-Pet. d. May 16. JOHN MONK and THOMAS MONK, Tipton, Staffordshire, boiler makers, Aug. 25 and Sept. 22 at 11, Birmingham: Off. Ass. Christie; Sols. Duignan & Hemmant, Walsall; E. & H. Wright, Birmingham.-Pet. d. June 26. CHARLES PHILLIPS, Weston-super-Mare and Burnham, Somersetshire, tile manufacturer, Aug. 28 and Sept. 25 at 11, Bristol: Off. Ass. Miller; Sols. Bevan & Girling, Bristol, -Pet. f. Aug. 10. RICHARD GOODACRE, Nottingham, grocer, Sept. 4 and 25 at 10, Nottingham: Off. Ass. Harris; Sol. Clarke, Nottingham.-Pet. d. Aug. 2. [For continuation of Gazette, see p. 333]. CONTENTS. 328 329 330 330 332 LONDON, AUGUST 18, 1855. THE practical result of the famous clauses in the Common-law Procedure Act, 1854, allowing equitable defences to be pleaded in actions at law, appears at present to be this:-The Courts of Queen's Bench and Exchequer require that the facts set forth in the plea should be such as would entitle the defendant to an unconditional and perpetual injunction in the Courts of Chancery, otherwise they will not allow the plea, The Court of Common Pleas, however, does not go so far as to disallow a plea shewing grounds only for a conditional injunction, but permits it to be placed upon the record, for the purpose of having the construction of the statute in this respect settled in a more solemn manner. The question is one of considerable difficulty, as well as of great importance. The language of the statute throws little light upon the point; it mentions neither conditional nor unconditional injunctions, but allows a defendant to plead facts, which, if judgment were obtained in the action, would entitle him to lief against such judgment on equitable grounds," (sect. 83); and while, on the one hand, to hold that the relief must be unconditional tends to narrow the operation of the statute, on the other it is difficult to see how the Courts of common law, with their present system of procedure, can introduce conditions into their judgments which must be performed before the absolute remedy sought by the action can be attained, or the defence set up be rendered complete. Analogous proceedings, however, do exist in our common-law system: rules of court and writs of mandamus command acts to be performed, and impose conditions which may be enforced by attachment; the judgment in detinue is for the recovery of the goods claimed, or for their value; and now the court or a re fee to the heir-at-law of my heir-at-law now in America"-" Heir-at-law" used in a popular and not in a technical sense-Alien -Right of the Crown-Claim by a trustee-Unsuccessful claimants, costs of, not allowed)...... VICE-CHANCELLOR WOOD'S COURT. By MATTHEW B. BEGBIE, Barrister at Law. Powell v. The South Wales Railway Company.-(Vendor and purchaser-Compensation in respect of rent-charge issuing out of lands, a small portion of which is sold-Costs) 771 773 Webb v. Ledsam.-(Trustee and cestui que trustPayment to one of several trustees) 775 COURT OF QUEEN'S BENCH. .... 775 By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Price v. Barker.-(Principal and surety-ReleaseCovenant not to sue-Reservation of remedy) In re Bradley v. The Local Board of Health of Southampton.-(Local board of health-11 & 12 Vict. c. 63, s. 123—Compensation-Arbitration).. Thompson v. Gillespy.-(Charterparty - Action for freight-Plea to avoid circuity of action-Advance of freight Sailing of ship — Subsequent mismanagement) 778 779 781 judge has power to order execution to issue for the return of the goods, without giving the defendant the option of retaining them upon paying the value assessed; and this rule may be enforced by process in the nature of a distress infinite. (See Common-law Procedure Act, 1854, sect. 78). In replevin also it is part of the judgment for the defendant that he should have a return of the goods replevied. It would not be departing very far from these precedents were the Courts to introduce into their judgments certain conditions to be performed-e. g. the execution of a deed or the reformation of a contract-before the successful party should be entitled to the full benefit of the verdict in his favour. If the learned judges feel that they have no power to mould their procedure for this purpose, a short act of Parliament would very soon obviate the difficulty. We propose now briefly to consider the cases hitherto decided upon the subject, which will shew the views entertained with regard to it by our common-law as well as equity judges. In The Mines Royal Society v. Magnay (10 Exch. 489) a plea to an action for rent, shewing an agreement for a surrender of the lease, was disallowed, upon the ground that a Court of equity would have required the defendant to execute an actual surrender. Parke, B., there said, "In my opinion the equitable defence allowed to be pleaded by this statute means such a defence as would in a court of equity be a complete answer to the plaintiff's claim, and would, as such, afford sufficient ground for a perpetual injunction, granted absolutely, and without any conditions. But according to the statement in the plea, a Court of equity would not interfere, except upon the condition of the execution of a valid surrender by the defendant. We have no machinery by which we can compel the execution of a surrender." The defendant thereupon filed his bill, and moved for an injunction to restrain the action, upon the same grounds as those |