« AnteriorContinuar »
means of breach of trust or of false pretences, or without county court judge's summons; and several imporany reasonable or probable expectation at the time when tant points relating to proceedings upon habeas corcontracted of paying the same, or caused unnecessary insolvent court is to refuse to discharge the prisoner
pus were also decided in this case. The practice in the expense by any vexatious or frivolous defence, or that under the circumstances of Abley v. Dale; but we behe is indebted for damages recovered in an action for lieve they do discharge him if he was committed by crim. con., or seduction, or breach of promise of mar- the county court while he was in the enjoyment of an riage, or malicious prosecution, or libel, or slander, or order of protection from the insolvent court. for other malicious injury, or malicious tort, or tres
It seems, therefore, that our Courts do not possess
the pass, his discharge may be deferred for two years. By
power of remedying this evil; and if so, it is to be sect. 88 provision is made for applications to the Insoi- hoped that the Legislature will speedily interfere to
prevent so unseemly a struggle between two inferior vent Court in order to take any future effects; and by jurisdictions, whereby the liberty of the subject is sect. 90 it is enacted that no person who shall have be- seriously affected. By the present mode of proceeding come entitled to the benefit of the act shall at any time it is in the power of county court judges to commit thereafter be imprisoned by reason of the judgment been deprived of the means of paying by the operation
a man for not paying a debt, which he may just have entered up on the warrant of attorney, or for or by rea- of the insolvent laws, and to contravene the well-estason of any debt or sum of money or costs with respect blished rule, that no man shall be punished twice for to which such person shall have become so entitled, or the same offence. for or by reason of any judgment, decree, or order for payment of the same; but upon every such arrest the
NOTES OF THE WEEK. 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 (May 22) decided that the twenty miles mentioned in
In Lake v. Butler the Court of Queen's Bench respect of any debt from which he has been discharged. sect. 128 of stat. 9 & 10 Vict. c. 95, (County Court
The question, after having excited much controversy Act), are to be measured in a straight line as the crow in the insolvent and county courts, and having been flies, and not by the nearest or other road. raised on several occasions in the common-law courts, (Ex parte Pardy, 1 Lownd., M., & P. 16; Still v. Booth, of the House of Commons on the Bills of Exchange
The BILLS OF EXCHANGE BILL.—The select committee Id. 440), was brought before the Common Pleas in the Bill and the Bills of Exchange and Promissory Notes case of Abley v. Dale, (11 C. B. 378; 15 Jur.: part 1, Bill have just reported the minutes of evidence taken p. 1012; S.C., A.D. 1851). That was an action of trespass before them. The witnesses include Mr. J. Gilman; for obtaining the committal of the plaintiff by a county the Lord Advocate of Scotland, Mr. Park Nelson, and court judge under the provisions before referred to, Mr. W. H. Walton. The committee report that they although the plaintiff had been discharged from the debt under the Insolvent Act. The Court held, that have carefully considered the two bills committed to there was a discretion to commit, upon the ground that them, and have determined to proceed with the Bills the judgment was an « unsatisfied one, but said that
of Exchange and Promissory Notes Bill, the provisions it was a discretion which should be exercised with ex
of which they have carefully considered. The comtreme 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
was voted into the chair by a majority of one over Mr. which the commissioner, with the same jurisdiction, Walpole; and in the discussion of the details of the bill 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 ceived in all proceedings under the act as evidence
of recent transfer of the jurisdiction of the insolvent commissioners, 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 fuil 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
of five to three. are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even
HOUSE OF LORDS.--May 22. though it do lead, in our view of the case, to an ab
LIMITED LIABILITY. surdity or manifest injustice.”
In discussing a motion for suspending the standing The case of Abley v. Dale has been subsequently re- orders in favour of the Fibre Company's Bill, cognised by the Court of Queen's Bench in Ex parte The Earl of Derby said he had to complain of the Christie, (24 L. J., Q. B., 144; 1 Jur., N. S., part 1, course taken by the Government upon the whole p. 211), and also in Ex parte Sumner, (not yet re- subject of limited liability. A bill was announced to ported). The latter case was subsequently moved in be in preparation last November with regard to the the Court of Common Pleas, when that Court upheld law of partnership, and almost at the commencement its former decision in Abley v. Dale, and also held that of this session he had put a question as to what was it was not affected by their subsequent decision in Ex the intention of the Board of Trade on the subject. He parte Dakins, (1 Jur., N. S., part 1, p. 378). In the was then told that it was considered of great importlast-named case one of the priests in ordinary of the ance to settle this question without delay, and that very Chapels Royal was discharged, on the ground of his soon after Easter a bill should be introduced with that privilege, from commitment for not appearing to a object. They had now, however, approached so near to
Whitsuntide that he felt it very doubtful whether a superior courts; and partly, where the case is not probill would be brought in before their Lordships ad vided for by the statutes or rules, on the general prinjourned for the holidays; and if it were not so intro- ciples of practice prevailing in the superior courts, duced, it did not require any great foresight to see which are applied by the judges to the proceedings of that a measure would not be brought forward at all the court. this session.
Varies with Amount of Claim.]-As the practice varies Lord Overstone said that he saw in bills of this kind to some extent according to the amount of the claim, it the first premonitory symptoms of a great disease will be convenient to state the course of proceeding which he thought was likely to settle upon this coun. first, where the claim does not exceed 207.; secondly, try-he meant the indiscriminate desire for limited where it does exceed 201., but does not exceed 50l.; and, liability, without fully considering or understanding thirdly, where the claim is unlimited in amount, or the principles upon which that question rested, or what the matter in dispute involves a question not within was really conducive to the public interest in this coun- the ordinary jurisdiction of the court. try. The standing order which it was now sought to
1.- Where the claim does not exceed 201. override was passed by their Lordships in 1824_ a period well known to have been characterised by an Plaint.]—The proceedings in these cases commence extraordinary mania for joint-stock speculations, dis- by the entry of a plaint, which the clerk of the court honest in their purpose, and dangerous to the commu- records in a book kept specially for that purpose. The nity; and the object of this standing order was to plaintiff, in order to enter his plaint, states vivâ voce protect creditors from speculators who were trading or in writing to the clerk his own name, addition, and with the capital of other people. He confessed that he residence, and the name, addition, and residence of the heard with satisfaction the assurance of the noble lord defendant, or such other description as will serve to who presided over the forms of this House (Lord Redes- | identify him. He then relates the cause of complaint; dale) that he should oppose the suspension of this and if he demand a sum exceeding 408., he gives one or order, because he believed that, if maintained, it would more copies of the particulars of his claim, according to now present to the people of this country a protection the number of the defendants, besides one copy which against the same danger as that which led to its esta- is to be filed by the clerk. The proper fees for issuing blishment in 1824. That danger now assumed the form of and serving the summons must be paid at the time of asking the Legislature to assent to bills enabling an un- entering the plaint. dertaking to be carried on, not with the capital of those Summons.]-A summons, stating in short and popuwho conducted it, but with the capital of others, and at lar language the substance of the cause of action, (with the same time protecting these speculators from the re- particulars where required attached), is issued to the payment of that which they borrowed, to the utmost defendant, commanding him to appear at a court, at extent of their property. This bill was promoted under least ten clear days after the service of the summons, to the pretence that there was a great demand for an ar- answer the plaintiff in the matter of dispute. ticle of essential importance, and that it would be impos- Service-In Home District-In Foreign District.]sible to attempt to supply that demand unless the Legis. This process must be served by the high bailiff of the lature enabled capitalists to combine for the purpose of court or his assistant personally, or in some other way carrying out a certain invention. Now, this was a just from which it may reasonably be inferred that it has ground for legislative interference, provided the persons come to the knowledge of the defendant in due time calling for it came forward in good faith. Great com- before the holding of the court. If the defendant reside plaints were made that such was the present vicious in a foreign district, the process is transmitted by the state of the law of partnership, that capitalists, anxious clerk of the home court to the high bailiff of the foreign to enter upon a legitimate speculation, were prevented court, together with a statement of the proper
amount from doing so. What, however, did they find when of the fees for service in the foreign district, and which they looked at this bill? Why, that the very moment have already been paid at the home court. On prothe persons with whom these complaints originated duction of this document he will, at the end of the came into contact with the wise and just standing orders quarter, be entitled to receive from the treasurer the of their Lordships' House, which required that specu- amount of those fees. The object of thus withholding lators, asking to be protected from the full extent of the the immediate payment of the fees is, that if due diliobligations they might contract, should at all events be gence have not been used in serving the process, the called upon to subscribe three-fourths of their capital officer may be deprived of his fees by the treasurer, at the moment they were required to do this, they asked the instance of the judge of the home court. terested as he was in the maintenance of the commer- he may, at this stage of the proceedings, enter with
Confession of Claim.)-If the defendant think proper, cial character of this country, and in the protection of the clerk a confession of the claim, and on it the judge honest creditors against fraudulent debtors, he trusted that a standing order, which he looked upon as in- may, on the hearing day, pronounce judgment in the volving this high commercial principle, would not he same manner as if he had tried the cause ; or both dispensed with by their Lordships.
parties may agree on the terms on which the cause shall be settled, and on due proof of such agreement
before the clerk he may enter judgment in conformity FIRST REPORT OF THE COUNTY COURTS with it, and the judgment may be enforced in the same COMMISSION.
manner as one pronounced by the judge. (Continued from p. 206).
Arbitration.] -At this period, or subsequently, the
cause may, with the consent of the parties, be referred IV.-PROCEDURE-(Continued).
to arbitration, by order of the judge, and the award
afterwards entered as the judgment in the cause. Proper Practice.
powers of supervising the proceedings of the arbitration We now proceed to state the practice of the court. are conferred on the judge.
At Law.]—The practice under the legal jurisdiction Defence.]—If the defendant intend to deny the plaindepends partly on the express provisions of the statutes tiff's claim, or to insist on any objection other than one regulating the county court; partly on certain rules or all of the six special defences hereafter mentioned, it made by a committee of county court judges, and sanc- is not necessary for him to give notice of his intention tioned by a Chief Justice and two other judges of the so to do; but he may, at the hearing day, compel the
for the suspension of that standing order. Deeply in the
plaintiff to prove his case, may produce evidence in the practice of the court, move for a new trial. This answer, and take such objections in point of law as he the judge may grant or refuse at his discretion. thinks available. It is competent for him to pay into 2. Where neither Party appears.]-If at the hearing court such sum of money as he thinks proper in satis- day neither party appears, the cause is struck out of faction of the plaintiff's demand, together with a pro- the list. portionate amount of fees of court down to the time of
3. Where only one Party appears.-Plaintiff]-If the making the payment. If his defence be a tender, he need give
no previous notice of it, but may avail him- plaintiff only appears, proof is given of the service of the self of it at the hearing, on paying into court, without be assigned for the defendant's absence, the judge may
process on the defendant; and if no satisfactory reason costs, the sum alleged to have been tendered. If, how- proceed to hear the cause ex parte, and pronounce ever, his defence be founded totally or partially on a judgment accordingly. On sufficient cause shewn, he set-off, infancy, coverture, a statute of limitation, bank
may afterwards grant a new trial. ruptcy, or insolvency, he must give five clear days' notice of that defence. Subject to this rule, it is com
Defendant.]-If the defendant only appears, but does petent for him to avail himself, at the hearing, of any costs. If, however, he does admit the demand, and
not admit the demand, the judge may award him his defence, whether it traverses, or confesses and avoids,
the the plaintiff's case. No further pleading or notice is for the plaintiff in the same manner as if the plaintiff
proper fees of court, judgment may be given necessary, nor is there any formal joinder of issue.
had appeared. Jury.]-If either party be desirous of having the cause heard before the judge, assisted by a jury, he the proceedings it appears desirable to adjourn them,
Power to adjourn.]-If at any time in the course of the claim exceeds 51.; and by permission of the judge, the judge is at liberty to do so. where it does not exceed that sum, a jury may be
Execution.]—The judgment may be enforced by exesummoned. The jury consists of five persons, who cution against the goods, or, in certain cases hereafter must give a unanimous verdict. Two clear days''notice mentioned, by the commitment of the defaulting party of requiring a jury must be served on the clerk, and for a period of forty or any less number of days. The 58. deposited with him to pay the jury. The jurymen adoption of one of these proceedings does not prevent are selected by the clerk from a list of qualified persons the creditor from having recourse to the other. resident within the district, and that list is supplied to judgment, however, cannot be made available against him by the sheriff or other proper officer. With few
land. exceptions, however, the cause is tried by the judge Goods. ]- Under the warrant of execution the high without a jury.
bailiff is empowered to seize all the goods and chattels Appearance.]-On the appearance day, the defendant of the judgment debtor, except his wearing apparel and either appears or makes default. We will consider the bedding, tools, and implements of trade, to the value
in practice-first, where both parties appear; secondly, the whole of 5l. The goods cannot be sold without where neither appears; and, thirdly, where only one appraisement, and until after the lapse of five days party appears.
from the time of seizure, unless of a perishable nature, 1. Where both parties appear.- Judgment.].. If both sale. The high bailiff may also seize money, bank
or the defendant make a written request for an earlier parties appear, the judge, either without or with a jury, notes, cheques, or securities for money belonging to the as the case may be, proceeds to hear the cause. Con- debtor, and may hold any such securities in order to siderable powers of amendment are possessed by him, but the plaintiff is confined to the cause of action
stated satisfy the judgment; and the creditor may sue in the in the summons. If it appear desirable to the judge, realised under the execution are paid by the high bailiff
name of the debtor on such securities. The proceeds he is at liberty to grant time to either party to proceed into court, after deducting certain charges for appraisein the prosecution or defence of the suit, or to adjourn ment and possession. the further hearing of the cause to any subsequent time. It is competent for the judge to nonsuit the
Foreign District.]-If the defendant's goods are in & plaintiff on sufficient grounds. When the case on both foreign district, the warrant is transmitted to the clerk sides is closed, the judge, if unassisted by a jury, decides of the foreign court, together with a statement of the both on facts and law; if assisted by a jury, he directs bailiff's fees on the execution. This warrant is then them in point of law, and they decide on the facts. sealed with the seal of the foreign court, and issued to Judgment is then given for the plaintiff or defendant, there by the execution are paid into the foreign court.
the high bailiff of that district. The proceeds realised and entered on the minutes of the court. The judge The clerk then transmits a particular of the execution also directs the mode of payment of the sum for which judgment is given, and an order is drawn up in confor- to the clerk of the home court, debiting himself with mity with that direction. The order generally requires to the clerk of the home court, he pays to the execu
the sum received under the execution. On application the unsuccessful party to pay ment either at once or by instalments into court. The tion creditor the sum with which the clerk of the judge has power to direct the payment to be made to foreign court has debited himself. This payment is the successful party. This, however, is very rarely afterwards allowed him in his accounts by the treaexercised, and, having regard to the other arrangements surer at the audit. By this means the inconvenience of the court, would be inconvenient. A copy of this and risk of transmitting money from one part of the order is served on the unsuccessful party by post, but kingdom to the other is avoided. proof of its having reached him is not a condition
Landlord's Claim to Rent.]-If, when the bailiff cedent to issuing execution in case of non-payment. levies, he receives notice from the landlord of rent in The object of the order is, that the party may know arrear, he must give preference to that claim to a cerspecifically what and when he is required to pay.
A tain amount, limited by the period of letting, but in no very large majority of orders are for payment by in- case exceeding one year's rent, and may then levy on stalments.
the residue for the judgment debt. Costs.]—The costs abide the event, unless the judge Interpleader.]-Should any claim be made by third otherwise orders. This, however, does not apply to parties on the goods seized, the bailiff can compel the costs for professional assistance.
execution creditor and the claimant to interplead, and New Trial.]-Should either party be dissatisfied with the court may dispose of the matter in dispute. the judgment, he may, within a limited time fixed by
(To be continued).
Chichester, grocer, June 19 at 12, London.-Charles Abbott, June 9 at 11, London, aud. ac.— Henry Fowler, SouthampJames-street, Long-acre, licensed victualler, June 18 at 2, ton, corn factor, June 9 at 11, London, aud. ac.; June 21 at London.- Benjamin Newton, Brighton, brush manufacturer, 11, div.-Edward Burnell, Houndsditch, and Skinner's-place, June 18 at 2, London.-Sylvester Lewis Samuel, Liverpool, Leadenhall-market, baker, June 9 at half past 1, London, watch manafacturer, June 19 at 11, Liverpool.- John Bigham, aud. ac.
:-Samuel Randall, Wellingborough, NorthamptonLiverpool, ship owner, June 15 at 11, Liverpool. -John shire, shoe manufacturer, June 9 at 11, London, aud. ac.; Hughes, Toxteth-park, Lancashire, joiner, June 18 at 11, June 22 at 11, div.-George Ward Gilbert, Hammersmith, Liverpool.-William Birks, Sheffield, brush manufacturer, licensed victualler, June 9 at 11, London, aud. ac.; June 21 June 16 at 10, Sheffield.— Thomas Walker, Edminstowe, at 11, div.-Wm. Close Currie, Moorgate-street, merchant, Nottinghamshire, licensed victualler, June 16 at 10, Sheffield. June 9 at half-past 1, London, aud. ac.-Thomas Mellor and -Luke Jagger, Huddersfield, woollen cloth manufacturer, Samuel Eason, Liverpool, merchants, June 11 at 11, Liver. July 23 at 11, Leeds.-James Smith and John Holmes, pool, aud. ac., and June 20 at 11, div., sep. est. of Samuel Denholme, Bradford, worsted manufacturers, June 18 at 11, Eason, and div. joint est.—Henry Ludlam and Joseph ReaLeeds.-Gabriel Webster, Dewsbury, Yorkshire, plumber, ney, Sheffield, ironmongers, June 9 at 10, Sheffield, aud. ac. June 18 at 1, Leeds.-James King, Birmingham,' licensed joint and sep. ests.-Ralph Cross, Bridlington, Yorkshire, rictualler, June 21 at half-past 10, Birmingham.-James Jones, chemist, June 27 at 12, Kingston-upon-Hull, aud. ac. and Birmingham, tailor, June 21 at half-past 11, Birmingham.- div.-Charles Henry Holgate, Kirton, Lindsey, Lincolnshire, Edw. Spencer, Coventry, builder, June 18 at 10, Birmingham. scrivener, June 20 at 12, Kingston-upon-Hull, aud. ac.To be granted, unless an Appeal be duly entered.
Ezra J. Coates and John Hillard, Bread-street, Cheapside, Charles James Cheatley Elkington, Hall-street, City-road, Manchester, and Leicester, England, and New York, America, electro plate manufacturer.-George Major, Swindon, Wilt- merchants, June 21 at half-past 11, London, div.-David shire, builder.-William Gillard the elder, Catherine-street, Nutt, Stratford Green, Essex, merchant, June 21 at halfStrand, and Thornhill-square, Islington, dealer in oils.past 11, London, div.-Thomas Shenton, Bethnal-green-road, Llewellyn Wallington, Bridgend, Glamorgansbire, grocer.
grocer, June 19 at half-past 1, London, div.- Joseph Bailey PETITION ANNULLED.
Millington, Marlborough-place, Harrow-road, Paddington, John Appleton, Sommerford-grove, Stoke Newington-road, and Silas Norton, Town Malling, Kent, scriveners, June 23
builder, June 21 at half-past 11, London, div.-Thomas Selby dealer in flour.
at 12, London, div.-Wm. Pickering, Piccadilly, bookseller, TUESDAY, May 29.
June 22 at 1, London, div.-William John Reede, Beaufort
buildings, Strand, coal merchant, June 22 at 11, London, div. BANKRUPTS.
- Alexander Kirkaldy, Fenchurch-street, stationer, June 22 GEORGE SMITH STREDDER, Lancelot-place, Trevor- at 12, London, div.-Meyer Jacobs, Steward-st., Spitalfields, square, Knightsbridge, builder, June 8 at 2, and July 13 at
warehouseman, June 22 at 12, London, div.-Wm. Wilkins, 1, London: Off. Ass. Whitmore; Sols. Richardson & Wan- | Aylesbury-street, Clerkenwell, licensed victualler, June 22 at sey, 3, Moorgate-street.—Pet. f. May 26.
1, London, div.-George Hall, Brighton, upholsterer, June HENRY COX, Reading, dealer and chapman, June 7 at 11, 22 at 11, London, div. - Harry Winton, Harry John L. Winand July 12 at 12, London: Off. Ass. Johnson; Sols. Howard
ton, and Edwin William Winton, Birmingham, agricultural & Dollman, 141, Fenchurch-street.-Pet. f. May 24. JOSEPH DOUGLAS, Sumner-terrace, Brompton, dealer implement makers, June 23 at 11, Birmingham, div. sep. ests.
of Harry John L. Winton and Edwin William Winton.and chapman, June 12 at 2, and July 10 at 12, London: James Ellis, Birmingham, fender manufacturer, June 23 at Off. Ass. Edwards ; Sols. Mardon & Prichard, 99, New
11, Birmingham, div.-John Frater, Manchester, brewer, gate-street.---Pet. f. May 28.
June 20 at 12, Manchester, div.-Wm. French, Bedlington, CẢARLES MASSINGHAM, Birmingham, dealer and chap- Durham, brewer, June 19 at 11, Newcastle-upon-Tyne, div.
man, June 6 and July 9 at half.past 10, Birmingham: -John Fry Reeves, John Frederick Reeves, Orlando Reeves, Off. Ass. Bittleston; Sols. Sutton, Birmingham; Hodgson, and Archibald Reeves, Taunton, scriveners, June 20 at 1, Birmingham.- Pet. d. May 17.
Exeter, div. sep. est. of Archibald Reeves.-Wm. D. Francis, WILLIAM BUTCHER, Lichfield, Staffordshire, coach Bridgewater, plamber, June 20 at 1, Exeter, div. - James G.
builder, June 11 and July 4 at half.past 10, Birmingham : Fitze, Exeter, bookseller, June 20 at 1, Exeter, div.-Hugh Off. Ass. Bittleston; Sols. Motteram & Knight, Birming | Talbot and Hugh P. Talbot, Sidmouth, Devonshire, druggists, bam.-Pet. d. May 23.
June 20 at 1, Exeter, div. PEREGRINE JOYCE, Worcester, dealer and chapman,
CERTIFICATES. June 8 and July 7, Birmingham : Off. Ass. Whitmore; To be allowed, unless Cause be shewn to the contrary on or Sol Bartleet, Birmingham.- Pet. d. May 26.
before the Day of Meeting. JOHN M'CARTHY, Aston, near Birmingham, dealer and Isaac Unwin, Poland-street, Oxford-street, builder, June 21
chapman, June 13 and July 4 at half-past 10, Birmingham: at half-past 11, London.-W. Wrenn, Penge, Surrey, grazier, Off. Ass. Whitmore; Sol. Hodgson, Birmingham.- Pet. d. June 2i at 11, London. --James Underwood, Epsom, vicMay 25.
tualler, June 21 at half-past 11, London.-James Piper, HolSAMUEL WARREN, Gloucester, dealer and chapman, June orn-hill, carver and gilder, June 22 at 2, London.-William
12 and July 10 at 11, Bristol : Of. Ass. Acraman; Sol. Aspin the younger, Morgan's-lane, Tooley-street, Southwark, Smallridge, Gloucester.- Pet. f. May 26.
carrier, June 22 at 11, London.-Thomas Bell, Jarrow, DurTHOMAS HAKE, Exeter, furrier, June 8 and July 5 at 1, ham, alkali manufacturer, June 20 at 11, Newcastle-upon
Exeter : Off. Ass. Hirtzel; Sols. Stogdon, Exeter ; Reed Tyne.James Miners, Redruth, Cornwall, grocer, June 21 & Co., Friday-street.- Pet. f. May 26.
at 1, Exeter.-Patrick Shanley, Manchester, shoe dealer, JOHN CHRISTIE, Accrington, Lancashire, dealer and June 19 at 12, Manchester.-D. Norbury, Alderley, Cheshire,
chapman, June 15 and July 6 at 12, Manchester : Off. Ass. butcher, June 19 at 12, Manchester.-Thomas Hall, Oldham, Hernaman; Sol. Slater, Manchester.-Pet. f. May 24. Lancashire, bobbin manufacturer, June 20 at 12, Manchester. BENJAMIN GREGORY, Sheffield, builder, June 9 and 30 -John Moseley, Macclesfield, saddler, June 21 at 12, Man. at 10, Sheffield : Of. Ass. Brewin; Sol. Fernell, Sheffield. chester. Thos. Holder, Macclesfield, silk throwster, June 21 - Pet. d. and f. May 18.
at 12, Manchester.-James Grant, Birmingham, tailor, June MEETINGS.
21 at half-past 10, Birmingham.-J. Hopkinson, Nottingham, Anthony G. W. Biddulph, John Wright, Henry Robinson, grocer, July 10'at 10, Nottingham.-John Fox, Ashbourne, and Edmund William Jerningham, Henrietta-steeet, Covent- Derbyshire, scrivener, July 31 at 10, Nottingham.-Wm. H. garden, bankers, June 22 at 11, London, pr. d. sep. est. of Osborn, Leicester, wine merchant, July 10 at 10, Nottingham. Edmund William Jerningham.--Thomas Wright Lawford, To be granted, unless an appeal be duly entered. Tivydail, Carmarthenshire, market gardener, June 19 at 11, George Elston, Crediton, Devonshire, shoemaker.-James Bristol, pr. d.-William Aspdin and Augustus William Ord, Johnson, Macclesfield, silk dyer.- George Simpson, Church Gatesbead-on-Tyne, and New Wharf, Little Abingdon-street, Fenton, Yorkshire, chicory merchant. Thomas Brown, Brad. Westminster, cement manufacturers, June 13 at 11, New ford, grocer.-Robert Rimmer, Tenbury, Worcestershire, pubcastle-upon-Tyne, last ex.-James Speller, High-street, Waplican. - Francis Behrens, Birmingham, general merchant. ping, ship chandler, June 11 at 12, London, aud. ac.- -Wm.
PETITION ANNULLED. Burridge, Stainsby-road, East India-road, Limehouse, builder, John Hoskin, Blackburn, currier.
. LEADING CASES in the COMMERCIAL LAW of
UNITED LAW CLERKS' SOCIETY.
UNDER THE PATRON AGE OF
The JUSTICES of the COMMON PLEAS. The ATTORNEY GENERAL.
The SOLICITOR GENERAL,
The Vice-Chancellor Sir JOHN STUART. The BENCHERS of LINCOLN'S INN. The MASTER of the ROLLS.
The JUDGE of the ARCHES COURT. The BENCHERS of the INNER TEMPLE. The JUSTICES of the QUEEN'S BENCH. The QUEEN'S ADVOCATE.
The BENCHERS of GRAY'S INN.
TRUSTEES. EDWARD SMITH BIGG, Esq.
GEORGE HERBERT KINDERLEY, Esq. JOHN WILLIAM WILLCOCK, Esq., Q.C.
WILL TAKE PLACE AT THE
On Wednesday, the 13th day of June, 1855.
Mr. Alderman WIRE.
N. C. MILNE, Esq. R. MALINS, Esq., M. P., Q. C. C. R. TURNER, Esq.
F. L. CAPRON, Esq.
W. S. COOKSON, Esq. W. ELMSLEY, Esq., Q.C. E. L. PEMBERTON, Esq. A. DOBIE, Esq.
J. W. SCADDING, Esq. W. T. S. DANIEL, Esq., Q. C. H. E. BICKNELL, Esq.
H. S. WESTMĀCOTT, Esq. R. MAUGHAM, Esq.
ACTING STEWARDS. Mr.JAMES ALLBERRY. Mr. T. H. COLLARD. Mr. W. E. JONES.
Mr. D. MILNE.
Mr. J. P. PONCIONE. Mr. T. P. ANDREWES. Mr. DYSON.
Mr. JOHN MARTIN. Mr. PETERS,
Mr. H. J. WALLACE DINNER ON TABLE AT Six o'CLOCK PRECISELY, Ticket, One Guinea.
The Vocal Department under the direction of Mr. GENGE. Freemasons' Tavern, May, 1855.
HARRY G. ROGERS, Sec. 17, Montague-street, Portman-square.-A capital Leasehold Family Residence, overlooking the Gardens of Montague-house, with Coach? | LAW PARTNERSHIP:-A Gentleman of assiduity and
business-like habits, with high testimonials, for several years house and stabling at the rear, with possession; also Ten Paid-up | Managing Clerk in offices of the first standing in the country, desires a Shares in the Polytechnic Institution.
PARTNERSHIP either in Town or Country. Address, G., Mr. Sweet, М! [ESSRS. FAREBROTHER, CLARK, and LYE have 3, Chancery-lane.
received instructions to SELL, at Garraway's, on Wednesday, Jungil, at Porin capital. EMILY RESIDENCEin the fashionable PAPER:-The cheapest, largest, and best assorted Stock,
suitable for the use of the Legal Profession, will be found at looking the pleasure grounds of Montague-house. The residence is
MATTHEWS & DREW'S, Paper Manufacturers and Stationers to well built and finished, has extensive frontage, and inclosed portico the High Court of Chancery, 38, High Holborn, opposite Chancery-lane. entrance, and contains, on the upper floor, five good bed-rooms; on the
--Sàmples, with prices, will be forwarded on application, and orders to second floor, three principal bed-chambers; on the first floor, a noble the amount of 21. carriage-free to the country. drawing-room, communicating with a smaller drawing-room; on the ground floor, capital dining-room, library, waiting-room, entrance and
Just published, Vol. 2, cloth, price 11. 178. 6d., and bath-room; basement, kitchen, pantry, housekeeper's room, wine- ENGLAND and SCOTLAND.
syscellars, beer-cellar, coal-vaults, scullery, and wash-house, water-closets,
tematic order. By GEORGE ROSS, Esq., Advocate. To be eomback area leading to a three-stall stable and coach-house, with rooms pleted in Three Volumes. over, in Montague-mews. A well of fine spring water. Possession will
London: W. G. Benning & Co. Edinburgh: Thomas Constable & Co. be given on completion of the purchase. The annual value being 2201. per annum. Held on lease for the unexpired term of about 45 years, at
Price 4s. boards, a ground-rent of 251. per annum. Also ten paid-up shares in the Poly
COMMON-LAW PROCEDURE ACT, 1854; technic Institution, conferring a right of free admission. May be viewed by cards only, to be had of Messrs. Farebrother,
with Explanatory Notes and Index, and the General Rules of Clark, and Lye, of whom particulars may also be had; of Messrs. White
Michaelmas Vacation, 1854; with the Schedule of Forms. By JOSEPH side and Smith, solicitors, 63, Lincoln's-inn-fields; of Geo. Smith, Esq.,
PHILLIPS, Esq., M.A., of the Inner Temple, Special Pleader.
Benning & Co., Fleet-street.
don, 21st May, 1855.--Notice is hereby given, that in conformity Rooms, the corner of Fleet-street and Chancery-lane, on WED- with the provisions of the Deed of Settlement, a GENERAL MEETNESDAY, June 6, at half-past 12, the valuable LAW LIBRARY of a ING of PROPRIETORS will be held at the SOCIETY'S OFFICE, Gentleman retiring from the Profession; including Ruffhead's Statutes
Fleet-street, London, on SATURDAY, the 23rd day of JUNE next, at at Large from Magna Charta, a complete set to 1854; Chitty's Equity TWELVE o'clock at noon precisely, to ELECT a DIRECTOR in lieu Index, by Macaulay; Comyn's Digest; Bacon's Abridgment; Jeremy's of John Parkinson, Esq., deceased; to ELECT five other DIRECTORS Analytical Digest, 1817 to 1854; Petersdorff's Abridgment; with many and one AUDITOR, when those who go out of office by rotation will modern Books of Practice and Treatises. Also a Series of the Reports be proposed for re-election; and also for general purposes. The Director in the various Courts of Chancery, Queen's Bench, Common Pleas,
to be chosen in the room of John Parkinson, Esq., will remain in office Exchequer, Bankruptcy, Cases before the House of Lords, &c., (many
until the 24th day of June, 1859. of the Cases in this Series have been carefully noted up to the present
By order of the Directors, time); and a mahogany Secretaire, Office Tables, Chairs, Desks, Book
WILLIAM SAMUEL DOWNES, Actuary. shelving, &c.To be viewed, and Catalogues had. This day is published, in 8vo., price 148. cloth,
LAW LIFE ASSURANCE SOCIETY, Fleet-street,
London, 10th May, 1855.-Notice is hereby given, that a SPECIAL and TENANT.-The LAW of LANDLORD and TENANT; at the Office, Fleet-street, London, on FRIDAY, the 8th day of JUNE being a Course of Lectures delivered by the late JOHN WILLIAM next, at TWELVE o'clock at noon precisely, for the purpose of declaring SMITH, Esq., Author of " A Selection of Leading Cases," &c. With a Division of the Surplus of the Assurance Fund of the Society in reNotes and Additions, by FREDERICK PHILIP MAUDE, Esq., Bar- spect of the seven years ending on the 31st of December last. rister at Law.
And notice is hereby further given, that a Second Special General W. Maxwell, 32, Bell-yard, Lincoln's-inn.
Meeting will be held, at the like hour and place, on the following Friday, This day is published, Vol. 1, royal 8vo., price Il. 88., Second Edition,
the 15th day of June, for the purpose of confirming the resolution which
shall have been agreed to at such first meeting, in pursuance of the proDAVIDSON'S PRECEDENTS in CONVEYANCING. visions contained in the Deed of Settlement. ---PRECEDENTS and FORMS in CONVEYANCING. With
And notice is hereby further given, that any person who shall have an Introduction and Practical Notes. By CHARLES DAVIDSON been assured by the Society for two whole years may, on the production and THOMAS COOKE WRIGHT, Esqrs., Barristers at Law.
of his policy and of the last receipt for the premium thereon, be present W. Maxwell, 32, Bell-yard, Lincoln's-inn.
at such meeting. This day is published, price 108.,
At each of the said meetings the chair will be taken at TWELVE KERR'S ACTION AT LAW. Second Edition, entirely
o'clock precisely. re-written, and brought down to the present time.
By order of the Directors, William Henry Bond, 8, Bell-yard, Temple-bar, Law Bookseller.
WILLIAM SAMUEL DOWNES, Actuary. Bond's Catalogue of Second-hand Law Books now ready.
Printed by HENRY HANSARD, at his Printing Office, in Parker Just published, Second Edition, price 108.,
Street, in the Parish of St. Giles-in-the-Fields, in the County of Midtheir Rights, Duties, and Liabilities.
St. Dunstan in the West, in the City of London, by HENRY SWEET, W. H. Bond, Bell-yard; Wildy & Sons, Lincoln's-inn; and W. Amer, residing at No. 34, Porchester Terrace, Bayswater, in the County of Carey-street, Law Booksellers.
Middlesex.-Saturday, June 2, 1855,
MR. HODGSON will SELL by AUCTION, at his New LA W LIFE ASSURANCE OFFICE, Fleet-street, Lon.