Imágenes de páginas

WALTER HORTON and JOSEPH HORTON, Wednes. derland, and Young Lowson Marshall, Roker, Durham, tim

bury, timber merchants, May 3 and 24 at 11, Birmingham : ber merchants, May 8 at 11, Newcastle-upon-Tyne, aud. ac., Of. Ass. Christie ; Sols. Duignan & Hemmant, Walsall ; and May 10 at 11, div. sep. est. of Jas. Ogle Holmes.-Thos. Hodgson, Birmingham.- Pet. d. April 11.

Broomfield, Bedwardine, Worcestershire, butcher, April 30 at CHARLES PEVERELLE and FRANCIS PEVERELLE, half past 10, Birmingham, aud. ac.— Jesse Shaw, Longton,

Birmingham, dealers and chapmen, May 2 and 23 at half. Staffordshire, stationer, April 30 at half-past 10, Birmingham, past 10, Birmingham : Off. Ass. Christie ; Sols. E. & H. aud. ac.-Wm. Hazle, Pownall-road, Dalston, lace dealer, Wright, or Reece, Birmingham.- Pet. d. April 13.

May 10 at half-past 12, London, div.-G. E. Shuttleworth, JOHN WEBBER, Birmingham,

grocer, April 28 and May 26 M. H. Shuttleworth, and G. E. Shuttleworth the younger, at 11, Birmingham : Off. Ass. Bittleston ; Sols. Reece, Bir- Poultry, auctioneers, May 8 at half-past 12, London, div. mingham; Steinberg, 32, Bread-street, Cheapside, London. joint est., and fin. div. sep. ests. of G. E. Shuttleworth and - Pet. d. April 16.

M. H. Shuttleworth.-Wm. Younger the younger, King's DANIEL SIMS, Old Furnace Bottom, near Blakeney, Glou. Arms-buildings, Cornhill, auctioneer, May 9 at 1, London,

cestershire, dealer and chapman, April 30 and May 28 at 12, div. James Hammond, Chancery-lane, furniture dealer, Bristol : Off. Ass. Miller; Sol. Smith, Gloucester.- Pet. f. May 8 at 12, London, div.-William Owen Tucker, Thread April 13.

needle-street, sharebroker and commission agent, May 10 at FREDERICK TRAPNELL, Bristol, timber merchant, 11, London, div.-George Hart, Strand, ironmonger, May

April 30 and May 28 at 11, Bristol : Off. Ass. Hutton; 10 at 11, London, div.-John Strevens, Bermondsey-wall, Sols. Bevan & Girling, Bristol.--Pet. f. April 14.

Bermondsey, sailmaker, May 10 at 12, London, div.- Chas. DANIEL BENNETT the younger, Bristol, dealer and Ferguson, Hitchin, Herefordshire, draper, May 10 at half

chapman, April 30 and May 28 at 12, Bristol: Off. Ass. past 11, London, div.-George Fifoot Lyde, Church-passage, Acraman; Sols. Bevan & Girling, Bristol.-Pet. f. April 14. Basinghall-street, sewed muslin and lacemaker, May 10 at JAMES KNOWLES, Presteign, Radnorshire, dealer and half-past 11, London, div.-Daniel William Lucas and Isaac

chapman, April 30 and May 28 at 11, Bristol: Off. Ass. Dods, Arthur-street West, flax merchants, May 8 at 1, LonHutton ; Sols. Tudge, Knighton, Radnorshire; Brittan & don, div.-Frederick Thomas Pescott, Macclesfield-street Sons, Bristol.-Pet, f. March 20.

South, City-road, and Albion-place, Kingsland, fancy box GEORGE HAWKE, Pobruan, Cornwall, dealer and chap- manufacturer, May 8 at 12, London, div.-Robert Parker,

man, April 26 and May 31 at 1, Exeter: Off. Ass. Hirtzel; Ludgate-hill, woollendraper, May 8 at 1, London, div.Sol. Elworthy, Plymouth.- Pet. f. April 7.

Rebecca Crichton and James William Crichton, High-street, HUGH TALBOT and HUGH POPHAM TALBOT, Sid. Newington Butts, upholsterers, May 8 at 2, London, div.

mouth, Devonshire, dealers and chapmen, April 26 and Joseph Fisher, Cleeve, Yatton, Somersetshire, money scrivener, May 31 at 1, Exeter : Off. Ass. Hirtzel; Sol. Force, May 10 at 11, Bristol, div. Exeter.-Pet, f. April 11.


To be allowed, unless Cause be shewn to the contrary on or chandler, April 23 and June 4 at 11, Exeter : Off. Ass. Hirtzel; Sols. Rooker & Co., Plymouth.-Pet. f. April 10.

before the Day of Meeting. CHARLES EVANS, Bradford, stuff merchant, May 8 at

John Upson, Bexley-heath, Kent, shoemaker, May 10 at half.past 11, and June 4 at 12, Leeds : Off. Ass. Hope ; 11, London. --Samuel Adams, New-court, Goswell-street, Sols. Terry & Watson, Bradford; Bond & Barwick, Leeds licensed victualler, May 10 at 11, London.— Thomas Brooks, - Pet. d. April 14.

Henrietta-street, Covent-garden, and Sandoun, Isle of Wight, WILLIAM ASPDIN and AUGUSTUS WILLIAM ORD, wine merchant, May 10 at half-past 1, London.-Henry

Blackwall, Gateshead-on-Tyne, and New Wharf, Little Buckell, Portsea, draper, May 9 at 1, London.-Ebenezer Abingdon-st., Westminster, dealers and chapmen, (trading Kempster Mackenzie Griffiths, Cornelius Prout Newcombe, under the style or firm of Aspdin, Ord, & Co.), April 25 at

and Francis Thomas Griffiths, Gracechurch-street, London, 12, and May 23 at 1, Newcastle-upon-Tyne: Off. Ass. and Liverpool, ship owners, May 9 at 2, London.-- Adam Baker; Sols. Griffith & Crighton, Newcastle-upon-Tyne. Hunter, Woodstock, Oxfordshire, draper, May 10 at half-past -Pet. f. April 12.

11, London.-John Gardiner Hodges, Bull's Head-court,

Newgate-street, warehouseman, May 10 at half-past 11, London. MEETINGS.

-Frederick Futvoye, Regent-street and Beak-street, WestJob Broadhurst, Longton, Stoke-upon-Trent, earthenware minster, jeweller, May 8 at 2, London.- John Sykes, Little manufacturer, April 28 at 11, Birmingham, ch. ass. -John Tower-hill, clotbier, May 8 at 1, London.-Peter Ward, Croudace, Kingston-upon-Hull, cheese factor, May 9 at half- Harrington, Cumberland, alkali manufacturer, May 10 at past 12, Kingston-upon-Hull, ch. ass.-

--Thos. Tyler, Wood- half-past 12, Newcastle-upon-Tyne. -- George Elston, Credi. street, Cheapside, warehouseman, April 30 at half-past 12, ton, Devonshire, shoemaker, May 9 at 1, Exeter. - Alexander London, last ex.-John Andrews Clarke and Joseph Davison, Jackson, Manchester, clock manufacturer, May 10 at 1, Cheapside, warehousemen, April 30 at 2, London, last ex. and Manchester. Samuel Highfield, Bache, Chester, gas manuaud. ac.-Malcolm Inglis and Eyton Bond, Old Broad-street, facturer, May 8 at 11, Liverpool. - James Rumsey, Coventry, merchants, May 3 at half-past 11, London, aud. ac.- Charles licensed victualler, May 10 at half-past 10, Birmingham.Heaton and James Heaton, Lime-street, and White Lion-st., Francis Behrens, Birmingham, general merchant, May 7 at Spitalfields, export oilmen, May 3 at 1, London, and. ac.- half-past 10, Birmingham. John Walker Brown, Sloane-st., upholsterer, April 27 at 1, To be granted, unless an Appeal be duly entered. London, and, ac.-- John Bailey Sergeant, Portsmouth, wine

William Foster, Bridge Wharf, Millbank, stone merchant. merchant, May 1 at 1, London, aud. ac.-Edward Benjamin -Henry John Achlin, High Holborn, wbolesale shoe manuClarkson, Bread-street, manufacturers' agent, May 8 at 1, facturer - John Beaumont the younger, Commercial-place, London, aud. ac.-Wm. Johnson, Deeping, Lincolnshire, City-road, coach maker. - William Davey, Wellington, grocer, May 3 at 2, London, aud. ac. - David Lewis and B. Somersetshire, baker.-Richard Callard, Devonport, coach Wise, Ann's-place, Westmoreland-road, Walworth, tunners, proprietor.-John Latimer, Newcastle-under-Lyne, draper. May 1 at 11, London, aud. ac.-Wm. Harrison, Clyde-ter- Jesse Shaw, Longton, Staffordshire, stationer.- John Thomas, race, Caledonian-road, Islington, baker, May 3 at 1, London, Upton-on-Severn, draper. – John Brindley, Birmingham, aud. ac.- Richard Frank Kennedy, West Cowes, Isle of

hosier. Wight, April 28 at 1, London, aud. ac.-Joseph Lough,

PETITION ANNULLED. Great Queen-street, Lincoln's-inn-fields, blacking manufactorer, and John James Limebeer, St. James-street, boot

Bodham Butler Wisker, Castle-street, Holborn, tailor. 'maker, April 28 at 11, London, aud. ac. - Henry B. Cox,

PARTNERSHIPS DISSOLVED. Southampton, porser, April 28 at 11, London, aud. ac.-J. William Newton and Worthington Thomas Gylby the Whiltaker, Oldham, Lancashire, publican, May 10 at 12, younger, East Retford, Nottinghamshire, attornies-at-law and Manchester, and. ac. ; May 11 at 12, div.-Peter Ward, solicitors. George Stone and Henry Scott Turner, JermynHarrington, Cumberland, alkali manufacturer, May 8 at 1, street, St. James's, Middlesex, attornies and solicitors. Newcastle-upop-Tyne, aud. ac. ; May 10 at half-past 11, div. George Smith and William Compton Smith, Southampton-G. Rochester, Bishopwearmouth, woollendraper, May 8 at buildings, Chancery-lane, Middlesex, attornies and solicitors. 12, Newcastle-upon-Tyne, aud. ac.-Jas. Ogle Holmes, Sun.

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CONTENTS. Leading Article


VICE-CHANCELLOR Wood's COURT. Notes of the Week..


By MATTHEW B. BEGBIE, Barrister at Law. Recent Cases on Commercial Law

153 Hind v. Poole.-(Power, execution of-Joint power Correspondence 154 executed by survivor)

371 Review 154 Key v. Key.-(WillConstruction)

372 Criminal-law Procedure..


COURT OF QUEEN'S Bench. Court Papers :-New Trials moved in Easter Term 157

By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Bill in Progress


Reg. v. Alleyne.-(Indictment-Misdemeanour-Writ London Gazettes..


of error, jurisdiction to quash-12 & 13 Vict. NAMES OF THE CASES REPORTED.

c. 109, s. 39)


Reg. v.The Recorder of Bristol.-(Ale-house license-
By T. EDWARDS, Barrister at Law.

Refusal of justices-Appeal- Jurisdiction of reThe Attorney-General 0. Alford.-(Charity-Trustee

corder — 9 Geo. 4, c. 61, s. 27 — 5 & 6 Will. 4, c. 76, s. 105)

373 - Principle upon which trustees are charged with annual rests and 5l. per cent. interest).


De la Beche, App., The Rector, Vestrymen, &c. of

St. James, Westminster, Resps. — (Poor rate-

Crown property-10 Geo. 4, c. 50- Public pur.
By F. FISHER, Barrister at Law.

poses-Beneficial occupation-Museum of PracRaby v. Ridehalgh.—(Trustees - Breach of trust

tical Geology-8 & 9 Vict. c. 104, s. 1-Lords of Investment of trust fund on mortgage, the trust

the Treasury-Professors-Housekeeper) ...... 375 giving no express authority, Cestuis que trustent

COURT OF COMMON PLEAS. concurring in breach of trust-Liability of, to re

By W. PATERSON and W. Mills, Barristers at Law. coup the trustees)


Ex parte Dakins, in re Swan 0. Dakins.-(County ROLLS COURT.

court Judgment summons-Civil process-PriviBy G. Y. ROBSON, Barrister at Law.

lege from arrest - Prisoner -Habeas corpusBold o. Hutchinson.-(Marriage consideration-Re

Afidavits to explain return-Practice-9 & 10 presentation by wife's father)......

365 Vict. c. 95, 88. 99, 103, 110–12 & 13 Vict. c. 101, 8. 18)....


By C. MARETT, Barrister at Law.

By G. FRANCIS, Barrister at Law. Blakeley v. Blakeley.-(Practice-Account-Trustee) 368 Emery v. Webster.—(Pleading-Amendment-Com. VICE-CHANCELLOR STUART's Court.

mon-law Procedure Act, 1852, sect. 222)... 381 By T. F. MORSE, Barrister at Law.

COURT OF EXCHEQUER. Diedrick Schwinge v. The London and Blackwall Rail.

By W. M. Best, Barrister at Law. way Company.-(Railway company-Compulsory Forbes v. Smith.-(15 & 16 Vict. c. 76, 8s. 18, 25powers-Notice to treat for part, and counter.

Cause of action and service abroad-Appearancenotice to take the whole, of the property-Vendor

Reg. Gen., H. T., 1853, r. 20- Particulars) .... 383 and purchaser-Acts of Parliament - Construction Lea v. Rossay.-(Interpleader-1 & 2 Will. 4, c. 58, - Jury-Compensation).. 368 s. 6-Seizure of goods)



brought the plaintiff dwelt within twenty miles of that

place, but a distance of more than twenty miles from LONDON, APRIL 28, 1855.

several of the shareholders. The question was, whether

he was entitled to costs, as coming within the concurThe decisions of our superior tribunals upon the rent clause, or the following one, (sects. 128 and 129), county court system, now completely established of stat. 9 & 10 Vict. c. 95. throughout the length and breadth of the land, are of First, could a plaint have been entered for this claim importance to the community at large, as well as to in the county court? The learned judges held that it the legal profession, and we propose to call attention could, as a corporation or quasi corporation may be to some of the most recent cases falling under this de- sued therein. (Sects. 58 and 142 of stat. 9 & 10 Vict. scription *. Among these we may rank Taylor v. The c. 95; rule 48 of the County Court Practice). Crowland Gas and Coke Company, decided last week in Secondly, did the plaintiff dwell more than twenty the Exchequer, and reported in our last number, (part 1, miles from the defendant ? It had been decided in p. 358). It was an action for the recovery of wages, Parry v. Davies (1 Lownd., M., & P. 379) and Doyle brought against a company completely registered under v. Lawrence, (2 Lownd., M., & P.378), that in the case the Joint-stock Companies Act, 7 & 8 Vict. c. 110, of several defendants, if any one of them dwelt more and resulted in a judgment for the plaintiff for the sum than twenty miles from the plaintiff, he might sue in of 71. ls.

a superior court. It was now held, however, that a The company, which consisted of numerous share-corporation may be said to dwell where it carries on holders, had its office and carried on business at Crow- its business, and therefore that the plaintiff was not land, in Lincolnshire, within the jurisdiction of the entitled to his costs upon this ground. county court of that place, and when the action was It is remarkable that the concurrent clause above

* In former articles, we have reviewed, inter alia, Hernaman referred to (sect. 128) makes a distinction in words v. Smith, (1 Jur., N. S., part 1, p. 190); Walton v. Borth- between dwelling and carrying on business, in those wick, (Id. 142); and other cases as to “cause of action” in a parts of it which relate to the distance at which the foreign district, under sect. 60 of stat. 9 & 10 Vict. c. 95, parties dwell from each other, and to the cause of ac(ante, p. 31). Stokes v. Grissell, (14 C. B. 678), as to the tion arising within the defendant's district. Thus, the measurement of the twenty miles, under sect. 128, (18 Jur., part 2, p. 173). See also a review of county court cases, 16 plaintiff may sue in a superior court “where the plainJur., part 2, p. 109.

tiff dwells more than twenty miles from the defendant*,” i. e. from where the defendant dwells, (Johnson certify for costs forth with under the general acts, he v. Ward, 6 Dowl. & L. 720), “or where the cause of may certify at any time under this act, where the sum action did not arise wholly or in some material point recovered is between 201. and 501., (Chaplin v. Levy, within the jurisdiction of the Court within which the the plaintiff must apply for his costs in order to have

9 Exch. 673*); that although under the general acts defendant dwells or carries on his business at the time them, yet under this act, where the sum recovered is of the action brought.” With reference to this dis- between 201. and 501., the old practice, of entering a tinction, Pollock, C. B., said in the principal case, suggestion by the defendant to deprive the plaintiff of “ These two expressions are found here in consequence costs, must be resorted to;, (Castrique v. Page, 22 L. J., of that sort of incuria which now and then creeps into C.P., 145); and that although under the general acts

an attorney has no privilege to sue in a superior court, the framing of acts of Parliament, for I do not believe (13 & 14 Vict. c. 61,

s. 11), yet under this act he retains that any distinction was meant by the difference of ex- that common-law privilege if the sum recovered is bepression in the two parts of this section, “ dwells” and tween 201. and 501. (Borodaile v. Nelson, 14 C. B. 655; “dwells or carries on his businesst."

18 Jur., part 1, p. 431). The section in the city act which It was contended for the plaintiff that he should have deprives of costs in cases where less than 50l. is recohis costs, because the judgment of a county court of the 9 & 10 'Vict. c. 95, instead of sect. 11 of the

vered (sect. 119) was copied by mistake from sect. 129 against such a corporation could not be enforced by the 13 & 14 Vict. c. 61; and the former section (sect. 129) county court against the actual or former shareholders had been held not to take away the attorney's priviin the company, under the 7 & 8 Vict. c. 110, s. 66. The lege. (Lewis v. Hance, 11 Q. B. 921; Jones v. Brown, Court agreed that it could not be enforced in such man

2 Exch. 329). ner by the county court; but said, that although this

Thus exception begets exception, and a legislative

mistake becomes a « medium filum" for numerons dismight be a good reason for allowing the costs, under tinctions, which otherwise would never have existed. the 15 & 16 Vict. c. 54, s. 4, upon the ground that the It is a strange system that metes out one kind of justice case was a fit one to be tried in a superior court, yet a with reference to the city of London, and a different sufficient reason must be made out for the exercise of kind in every other part of the kingdom; that requires that jurisdiction, by shewing that there were no means

a suitor to recover 501., or to lose his costs, when the of getting satisfaction from the funds of the corpora- anything over 201. if he lives in Middlesex.

other litigant resides in the city, but is satisfied with tion, and that it was necessary to get it from the members of the body.

NOTES OF THE WEEK. A point worthy of being noted with reference to this matter was decided in Stokes v. Grissell, (14 C. B. 678), The Court of Exchequer Chamber heard errors from namely, that where the plaintiff states in his affidavit the Court of Queen's Bench on the 24th and 26th inst., that he does not believe that the defendant dwelt or and will hear them from the Courts of Common Pleas carried on his business, at the time of the commence and Exchequer on the 9th of May and following days. ment of the action, within the jurisdiction of the Court

John Arthur Shakespear, Esq., barrister-at-law, has in which the cause of action wholly arose, it is suffi- been appointed member of the Legislative Council of

Jamaica. cient, in the absence of an affidavit by the defendant

In the case of the Newtons, convicted and sentenced that he does dwell or carry on his business there. The to imprisonment for an assault on Mr. Kerr, an applica, Court said the distinction was between proving an tion was made to the Court of Queen's Bench (April affirmative, when you can speak to a fact, or a nega- 23) for a mandamus commanding the Attorney-General tive, when you can speak only to your belief I.

to grant his fiat for a writ of error; but the Court reWhile upon the subject of county courts, we may they had no jurisdiction to review the decision of the

fused to grant the application, upon the ground that observe, that the exceptional jurisdiction conferred by Attorney-General in the matter. the blunder in the City of London Small Debts Act, It has been decided in the Court of Common Pleas, 15 Vict. c. 77, has naturally produced decisions excep- (Swann v. Dakins, April 17), that one of the priests in tional to those which had proceeded upon the general ordinary at the Chapel Royal is privileged from arrest county court jurisdictiong. By sect. 119 of that act, under a county court commitment on a judgment suma sum exceeding fifty pounds must be recovered in mons, and that such commitment was in the nature of actions ex contractu in the superior courts, and five a limited ca. sa. pounds in actions ex delicto, under penalty of losing costs. By sect. 120, (copied from sect. 129 of the 9 & RECENT CASES ON COMMERCIAL LAW. 10 Vict. c. 95), he is to be deprived of costs if he recover less than 201. in an action ex contractu in the superior


Among the provisions introduced, for the security Now, it has been held, that although a judge must í of the public, into the statute consolidating the laws * The words of the City of London Small Debts Act, 15 relating to the carriage of passengers by sea (15 & 16 Vict. c. 77, s. 118, are merely, where the plaintiff dwells more shall clear out or proceed to sea until the master


Vict. c. 44) are the following: No passenger ship than twenty miles from the defendant." nient to mention that this act will be found in the appendir to shall have obtained from the emigration officer at the the Statutes at Large. (15 & 16 Vict., p. 500).

port of clearance a certificate, under his hand, that all † And see, as to what is a carrying on of business within the the requirements of the act, so far as the same can be meaning of the act, Mitchell v. Hender, (18 Jur., part 1, complied with before the departure of such ship, have p. 430).

been duly complied with.” (Sect. 10). “Nor if there And see further, as to making out a merely primâ facie case, Kirby v. Hickson, (1 Lownd., M., & P. 364).

* There is no fixed time within which an application for See a comparison of the sections in the City of London costs is to be made, under the 15 & 16 Vict. c. 54, s. 4, in Small Debts Act with those in the general County Courts Acts, cases where the county and superior courts have concurrent 17 Jur., part 2, p. 65.

jurisdiction. (Reed v. Gardner, 22 L. J., Ex., 253).

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