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GAZETTES.-FRIDAY, June 15.

Smithfield Bars, cheesemonger, July 6 at 1, London, div.-
Henry Quarterman, Oxford, carpenter, July 6 at half-past 1,

London, div.- Frederick Dimsdale, King's Arms-yard, Cole-
BANKRUPTS.

man-street, dealer in iron, July 6 at half-past 1, London, div. HENRY BEATLEY, Ely, Cambridgeshire, dealer and chap

- William Cornish, Great Thurlow, Suffolk, grocer, July 6 man, June 29 and July 27 at 1, London: Off. Ass. Whit. at 2, London, div.-William Holmes, Leeds, wine merchant, more; Sols. Marshall, Ely ; Church, 37, Spital-square.- July 6 at 11, Leeds, div.-Samueh Oldfield, John Allan, and Pet. f. June 14.

Edward John Sinclair Couzens, Huddersfield, woollen-cloth BENJAMIN KENT, Norfolk-street, Strand, hotel keeper, merchants, July 6 at 11, Leeds, div. joint est., and div. sep.

June 22 at half-past 12, and July 27 at half-past 11, Lon ests. of John Allen and E.J.S. Cousins.- Thomas Nicholson, don: Of. Ass. Cannan ; Sol. Wetherfield, 14, Basinghall- Leeds, machine maker, July 6, at 11, Leeds, div.-Charles street.Pet. f. June 13.

Hargreaves and Michael Hargreaves, Bradford, Yorkshire, WILLIAM NEEDHAM and SAMUEL WHITE, Friday- whitesmiths, July 6 at 11, Leeds, div. street, Cheapside, dealers and chapmen, June 26 at 2, and

CERTIFICATES. July 28 at half-past 12, London : Off

. Ass, Stansfeld ; Sols. To be allowed, unless Cause be shewn to the contrary on or Sheard & Baker, 6, Old Jewry.- Pet. f. June 14.

before the Day of Meeting. ROBERT KELLAWAY MEADEN, Walbrook, dealer and chapman, June 26 at half-past 12, and July 27 at half-past July 6 at 1, London.-Michael Jones, Oxford-street, grocer,

John James Parker, South-street, Greenwich, bricklayer, 11, London: Off. Ass Bell ; Sols. Norton & Son, 1, New July 6 at half-past 1, London.—James Dalton, Newton Heath,

street, Bishopsgate.- Pet. f. June 14. RICHARD WALKER, Wisbeach St. Peter's, Cambridge

near Manchester, emery grinder, July 9 at 12, Manchestershire, stationer, June 25 at 12, and July 25 at 1, London : Samuel Makant, Henfield, Lancashire, cotton spinner, July Off. Ass. Nicholson ; Sol. Archer, 6, Racquet-court, Fleet: 10 at 12, Manchester. -- Robert Thomas and James Innes, street.-Pet. f. June 13.

Manchester, drysalters, July 10 at 12, Manchester.-Charles HYAMS FIENBURG, Newport, Monmouthshire, dealer and Evans, Bradford, Yorkshire, stuff merchant, July 9 at 12,

Leeds. chapman, June 26 and July 24 at ll, Bristol : Off. Ass. Acraman; Sols. Blakey, Newport; Bevan & Girling, Bris. To be granted, unless an Appeal be duly entered. tol.-Pet. f. June 13.

William Close Currie, Moorgate-street, merchant.-John THOMAS WILLIAMSON, Truro, Cornwall, draper, June Burrowes and Alexander Mearns Reid, Leadenhall-street, ship

28 and July 19 at 1, Exeter : Off. Ass. Hirtzel; Sols. Sim- agents.- Francis Smith, Welbeck-street, Cavendish-square, mons & Cock, Truro; Stogdon, Exeter.- Pet. f. June 12. and Blackfriars-road, builder.-George Wilson and William JOHN HENRY MOORE, Kingston-upon-Hull, joiner, Raynham, Walmer-road, Notting-hill, builders.--Sarah Nut

(carrying on business with John Hooton, at New Holland, tali, Lower Tunstead, near Newchurch, Lancashire, inn. Barrow-upon-Humber, Lincolnshire, as brickmakers), July keeper.-William Bate, Manchester, baker. - Peter Taylor, 11 and Aug. 1 at 12, Kingston-upon-Hull: Off. Ass. Car- Manchester, millwright. - William Clarebrough, Sheffield, rick ; Sols. Stamp & Jackson, Kingston-upon-Hull.-Pet. mason.- -Henry Ludlam and Joseph Reaney, Sheffield, iron. d. June 13.

mongers.-- Richard Allcock, Nottingham, wine merchant.JOHN FENTON, Liverpool, dealer and chapman, (lately Thomas Fiddes Meyrick, Wolverhampton, commission agent.

carrying on business at Liverpool with Edwin John Fenton, - John Maples, Nottingham, upholsterer.- Joseph Kell,
under the style or firm of Fenton & Co., as iron house Brierley-hill, Staffordshire, grocer. - Charles Grove, Birming-
builders), July 2 and 23 at 11, Liverpool: Off. Ass. Mor. ham, licensed victualler.
gan ; Sol. Dodge, Liverpool.- Pet. f. June 12.

PARTNERSHIP DISSOLVED.
JOHN BARTON, GEORGE BARTON, and JOHN
PARKS, Manchester, and Broughton, near Manchester,

William Fretwell Hoyle and Robert Marsh the younger, dealers and chapmen, (lately carrying on business under Rotherham, Yorkshire, attornies, solicitors, and conveyancers. the style or firm of John Barton & Co., the said John Parks also carrying on the business of a surgeon at Bury), July 4 and 25 at 12, Manchester : Off. Ass. Fraser ; Sols. Slater &

TUESDAY, June 19. Heelis, Manchester.-Pet. f. June 6.

BANKRUPTS. THOMAS PUNSHON, Durham, dealer and chapman, June

29 and July 20 at 1, Newcastle-upon-Tyne : Off. Ass. FREDERICK TALLIS, Upper Chadwell-street, ClerkenBaker ; Sols. Brignal, Durham ; Hartley, 6, Southampton

well, and Crane-court, Fleet-street, printer and publisher, street, Bloomsbury.- Pet. f. June 12.

(but now a prisoner in the Queen's Prison), June 28 at I,

and July 31 at half-past 12, London : Off. Ass. Lee; Sol. MEETINGS,

Gilham, 24, Bartlett's-buildings, Holborn.-- Pet. f. June 16. William Gittus, Isleham, Cambridgeshire, draper, June 26 JOHN MAYHEW, Clarence-villas, Mortimer-road, De at 1, London, last ex,-William Fitch, Old Fish-street-hill, Beauvoir-town, Kingsland, and Leadenball-street, mine Upper Thames-street, wholesale stationer, June 26 at 1, Lon. share dealer, June 28 at 2, and July 31 at i, London : don, last ex.-David Halket, Herne Bay, Kent, shipowner, Off. Ass. Edwards ; Sol. Cocker, 23, Gower-street, Bed. June 27 at 12, London, last ex.-William Harding, Great ford-square.- Pet. f. June 16. Saffron-hill, baker, June 29 at 11, London, aud. ac.; July 6 JAMES WILLIAM WOOLDRIDGE, Wickham, Southampat 11, div.-James Wilson, Princes-street, Hanover-square, ton, tanner, June 29 at 2, and Aug. 7 at 12, London: Off. tailor, June 27 at 1, London, aud. ac.--Henry George Cable, Ass. Pennell; Sols. J. & E. Hoskins, Gosport; Lambert Goswell-street, Clerkenwell, draper, June 27 at 1, London, & Co., 7, John-street, Bedford-row.-Pet. f. June 16. aud. ac.-William Buckwell and Thomas Jones, Duke-street, THOMAS SHEPHERD, King's Lynn, Norfolk, dealer and Southwark, dealers in cement, June 26 at 12, London, aud. ac. chapman, July 3 at 11, and Aug. 1 at 12, London: Off.

-Samuel Perkes, Vulcan Wharf, Earl-street, Blackfriars, Ass. Graham ; Sols. Shackles & Son, Hull; Redpath, 9, Old engineer, June 27 at 12, London, aud. ac.-Daniel Keen, Jewry-chambers.-- Pet. f. June 16. Hillingdon, brickmaker, June 27 at half-past 12, London, CHARLES GEORGE GRAY, Grantham, Lincolnshire, aud. ac.-Thomas Grist, Salisbury, clothier, June 27 at half. dealer and chapman, July 10 and Aug. 7 at 10, Nottingpast 12, London, aud. ac. - - Thomas Billing, Cambridge, ham : Off. Ass. Harris ; Sols. Bridges, Birmingham ; White cooper, June 29 at 11, London, aud. ac.--John Webber, & Co., Grantham ; Davidson & Bradbury, 22, BasinghallBirmingham, grocer, July 27 at 11, Birmingham, aud. ac. and street, London.-Pet. d. May 31. div.- Richard Russell, Leamington Priors, printer, July 27 SAMUEL ROSE and ROBERT WILLY ROSE, Honiton, at 11, Birmingham, aud. ac. and dir.-William Styles, Strat- Devonshire, dealers and chapmen, June 27 and July 24 at 1, ford-upon-Avon, out of business, July 27 at 11, Birmingham, Exeter: Off. Ass. Hirtzel; Sols. J. & B. Whitworth, aud. ac.-George Rochester, Bishop Wearmouth, Durham, Manchester ; Aberdein, Honiton; Terrell, Exeter.-Pet, f. linendraper, July 3 at 12, Newcastle-upon-Tyne, aud. ac.- June 9.

Thomas Davies, Liverpool, merchant, June 23 at 11, Liver. | WILLIAM JONES, Ewloe, Hawarden, Flintshire, licensed pool, aud. ac.- John Davis, Colney Hatch, Middlesex, victualler, June 29 and July 20 at 11, Liverpool : Off. Ass. licensed victualler, July 7 at 2, London, div.-John Bentley, Bird; Sols. Evans & Son, Liverpool. - Pet. f. June 13.

CONTENTS. London Gazettes....

244

VICE-CHANCELLOR STUART'S COURT. Leading Article

245

By T. F. MORSE, Barrister at Law. Notes of the Week..

246

In re Wilson, and in re Gowland's Trust.—(BankFirst Report of the County Courts Commission.. 246

ruptcy).

569 Equity Sittings and Cause Lists after Trinity Term 248 Circuits of the Judges

In re Thistlethwayte's Trusts.-(Will-Construction 252

-Legacy-Married woman- * Unmarried).... 570
NAMES OF THE CASES REPORTED.
ADMIRALTY PRIZE COURT.

COURT OF QUEEN's Bench.
By J. P. DEANE, D.C.L.

By G. J. P. SMITH and W. B. BRETT, Barristers at Law. The Leucade.-(Capture-RestitutionCosts and da- Hall o. Janson.-(Policy of assurance

e-Construction mages)

554 -Money advanced on freight-General averageJUDICIAL COMMITTEE OF THE PRIVY COUNCIL.

Evidence of usage-Sufficient averment)

571 By J. P. DEANE, D.C.L.

Reg. v. The Inhabitants of East Stonehouse.-(IrreThe Ostsee.-(Unjustifiable capture - Restitution

moveability-Widow-Interruption of husband's Costs and damages)..

554 residence- Animus revertendi-Irremoveability for COURT OF CHANCERY.

twelve months after husband's death-9 & 10 Vict. By T. EDWARDS, Barrister at Law.

c. 66, ss. 1, 2)..

573 In re The Pennant and Craigwen Consolidated Lead

COURT OF COMMON PLEAS. Mining Company.-(Mayhew's case).-(Parinerships-Contributory-Liability of transferee to

By W. PATERSON and W. Mills, Barristers at Law. prior debts)

566 Neave v. Avery.-- (Ejectment-Equitable defenceCOURT OF APPEAL. IN CHANCERY.

Common-law Procedure Act, 1854, sect. 83– By F. FISHER, Barrister at Law.

Practice)

575 Bullock v. Bennett.-(Will-Gift by, until marriage,

CROWN CASES RESERVED. vacated by marriage in testator's lifetime-Wills Act, 1 Vict. c. 26— Construction of sect. 24) .... 567

By G. FRANCIS, Barrister at Law. • VICE-CHANCELLOR KINDERSLEY'S COURT.

Reg. o. Smith.-(Receiviny stolen goods78-8 Geo. 4, By C. MARETT, Barrister at Law.

c. 29, s. 54-Actual and constructive possessionOther 0. Iveson.-(Note-Joint and several-Surety) 568 Direction to the jury-Evidence)

575

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THE JURIST.

wager, or which shall have been deposited in the hands

of any person to abide the event on which any wager LONDON, JUNE 23, 1855.

shall have been made,” Maule, J., said that the first

branch prevented the winner from bringing an action In continuing our summary of the cases upon the to recover the amount of the bet from the loser; and Gaming Act, 8 & 9 Vict. c. 109, we may add to the the second prevented the winner from suing the decisions cited last week that of Jessopp v. Lutwyche, stakeholder for the entire sum deposited with him, (24 L. J., Ex., 65), in which the defendant pleaded but that it did not apply to a party seeking to reto an action for money paid, first, that it was paid cover his deposit from a stakeholder on a repudiation by way of wager on the market price, upon certain of the wager before the event is ascertained. To the days, of shares in a certain company. He pleaded, same effect is Martin v. Hewson, (1 Jur., N. S., part 1, secondly, that the cause of action accrued to the plain- p. 214; S. C., 24 L. J., Ex., 174*); and see Gatty v. tiff, as a broker in the city of London, in the purchasing Field, (9 Q. B. 431). Where, however, the race bad and selling for the defendant in the said city certain been run, it was held that the loser could not recover shares in a mining company, and that the plaintiff was his deposit from the stakeholder, although he demanded not a duly authorised broker.

it back before it was paid over to the winner. (Batty Both pleas were held to be bad; the first, because v. Marriott, 5 C. B. 818). In that case the Court held the plaintiff might have paid the money at the express

a foot race to be a lawful game, within the proviso of request of the defendant; and the second, because it the 8 & 9 Vict. c. 109, s. 18. did not appear that the plaintiff paid the money as a

The distinction between making the consideration for broker.

a contract illegal, and making it void, is clearly shewn There are numerous transactions more or less con- by the stat. 5 & 6 Will. 4, c. 41, s. 1, which recites, nected with gaming transactions, which, however, may that securities given in respect of gaming and usurious form the subject of an action, provided it is not between transactions were made void by the stat. 9 Ann. c. 14, the parties to the wager.

and other statutes, and were sometimes taken for vaThus, in Johnson v. Lansley, (12 C. B. 468), A. and luable consideration without notice; and then enacts, B. jointly made bets with third persons on a horse that instead of being void, they shall be deemed to race. B. received the money, and gave A. a bill, ac

have been given for an illegal consideration. Such cepted by C., (who was no party to the betting), for bills are therefore incapable of being sued upon as behis share; it was held that A. might sue C. upon the tween the original parties, and also by all persons who bill. So, in Varney v. Hickman, (5 C. B. 271), it was have taken them with notice, or after they were due, held that the statute did not preclude a party, who or without consideration, unless they are in a position repudiated the wager before the event was ascertained, to recover on a prior title; and they are good in the from recovering back from a stakeholder the amount of hands of a bonâ fide holder for value who took them his own deposit. With regard to the words of the 18th before they were due. (See, as to the consideration in section, that “

no action shall be brought for recover- * In this case a question was raised in argument as to the ing any sum of money alleged to be won upon any legality or illegality of cock-fighting.

cases where no security had been given, and before the

Ejectment. 7 & 8 Vict. c. 109, Applegarth v. Colley, 10 M. & W. Although the general language of the proviso con732; Thorpe v. Colman, 1 C. B. 199; and Batty v.

tained in sect. 58 of the 9 & 10 Vict. c. 95, excludes

actions of ejectment, one particular class of ejectments Marriott, 5 C. B. 828).

is by the express provisions of sect. 122 brought within In connexion with this branch of the subject, we

the jurisdiction of the court. That class is ejectment may refer to an instance in which the Legislature have for the recovery of a house, land, or other corporeal recently, by express enactment, made both the security hereditament, the annual value or rent of which does and the contract void. Thus, by the Bankrupt-law not exceed 501., from any tenant whose interest has Consolidation Act, 12 & 13 Vict. c. 106, s. 202, any ended, and who has paid no one. contract or security made or given by any bankrupt, served in the usual way, or in the mode prescribed by

Practice.]-A plaint and summons are entered and &c., in consideration of a creditor forbearing to oppose, the statute; and if the judge be of opinion that the or of his consenting to the allowance of the bank- tenancy has been duly determined, and the tenant or rupt's certificate, or of his forbearing to petition for sub-tenant refuse to give up possession of the premises, the recall of the same, is declared to be void*.

the judge may issue his warrant to the high bailiff, requiring him to give possession to the landlord within

ten clear days from the date of the warrant. NOTES OF THE WEEK.

Appeal.]-If the party against whom the warrant is

issued be desirous of raising the question in another In Boyle v. Wiseman the Court of Exchequer have court, as to whether the landlord had, at the time of made a rule absolute for another new trial, which will suing out the warrant, lawful right to the possession, be the third. The point on which it is now granted is bound, with two sufficient sureties to be approved by

may stay proceedings on the warrant by becoming this:-In order to fix the defendant with the publica- the clerk of the court, in such sum as to the judge tion of the libel, a witness was called,

who said he had shall seem reasonable, regard being had to the value of read a letter written by the defendant to a priest in the premises and the probable costs of the action, to France;

and it being shewn that all had been done which could be to procure the letter, the witness was

sue the person by whom such warrant was sued out asked to state its contents. The defendant's counsel with effect and without delay, and to pay costs in certhereupon put a letter into his hands, and asked him ment has been given in such action; and if a verdict

tain events : then proceedings will be stayed until judg. if that was not the letter: he said it was. not. defendant's counsel then proposed to call a witness at pags for the plaintiff, the verdict and judgment thereon once to shew that it was the letter ; but the learned will supersede the warrant. If, however, the tenant judge refused to allow this to be done, saying that he should not proceed, or should fail in his action,

the could be called as a part of the defendant's evidence. be had, and the warrant enforced.

bond becomes forfeited, and proceedings thereon may The Court held this to be an error, and said that the judge should have received the evidence tendered on

Protection Cases. this collateral issue, in order to be satisfied that a suffi- In cases within the Protection Acts, the clerk acts cient foundation was laid for admitting the secondary as official assignee and registrar, and is bound to present evidence before it was admitted.

his accounts to the treasurer to be audited, and to pay over to him any balance remaining in hand. The bigh

bailiff acts as messenger. FIRST REPORT OF THE COUNTY COURTS

Practice.]—The practice of the Court for the Relief COMMISSION.

of Insolvent Debtors in London, in cases under the (Continued from p. 238).

Protection Acts, the 5 & 6 Vict. c. 116, and the 7 & 8
Vict. c. 96, is adopted in the county court so far as it

is applicable.
IV.-PROCEDURE-(Continued).

Practice in other Cases. Removal.]— It is, however, competent for either party With regard to the jurisdiction in customs cases, to remove the plaint into a superior court, on giving nuisances, and arresting ships, no special practice has certain notices prescribed by the rules of the court, at present been established. and on making a declaration at the hearing, that the

EQUITABLE JURISDICTION. title to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise, is in question, In seeking to enforce a claim for an unliquidated or that the rent or damage in respect of which the dis- balance of a partnership account, or a distributive share tress has been taken was more than 201., and on be- under an intestacy or a legacy, the same practice precoming bound with two sufficient sureties in such sums vails as in endeavouring to recover any other pecuniary as to the judge shall seem reasonable, regard being had demand. to the nature of the claim and the alleged value or Charitable Trusts-Practice.]—The practice with reamount of the property in dispute, or of the rent or ference to applications under the act relating to charidamage, to prosecute the suit with effect and without table trusts depends on the provisions of the statute; on delay, and to prove before the court by which such certain rules framed by the Lord Chancellor, in pursuit shall be tried that such title as aforesaid is in dis- suance of a power contained in the Charitable Trusts pute between the parties, or that there was ground for Act, 1853; and on the general practice of the court. believing that the said rent or damage was more than Persons who may apply.]— The persons entitled to ap: 201. On compliance with these conditions, the cause ply to the county court under the jurisdiction conferred may be removed into any court competent to try the by the act are, her Majesty's Attorney-General, the same, in such manner as hath been accustomed. The trustee or one or more of the trustees of any charity, cause is removed by certiorari, instead of recordari facias

or the person or persons administering or claiming to loquelam; the statutory county court, unlike the com- administer, or interested in, the charity which is the mon-law county court, being a court of record. subject of the application, or any two or more of the

inhabitants of any parish or place within which the cha* See further on this subject Smith's Law of Contracts, rity is administered or applicable. This distinction, 2nd edition by Malcolm, pp. 200, 201.

however, exists between applications by the Attorney

LEGAL JURISDICTION.

General and those by any of the other persons before hearing the same proceedings as in other cases take mentioned—that the former may apply to the court at place. The judge, having heard the application, prohis discretion, but the latter require the sanction of the nounces his judgment and makes his order. Against Charity Commissioners for the purpose.

this order the Attorney-General, acting ex officio, may, Practice.] It will be convenient, in describing the at any time within three calendar months after the practice of the court on these applications, to state, order has been made, lodge, commence, and prosecute first, that which applies to private persons; and, se- an appeal, without giving notice or becoming bound, as condly, that which applies to the Attorney-General. in the case of private persons, and the county court is

Private Persons. The person who is desirous of thereupon bound to make an order allowing the appeal. applying to the county court for relief, having obtained The subsequent proceedings on the appeal are the same the proper order or certificate from the Charity Com- as in other cases. missioners, must file it with the clerk. That officer Deputy or Jury not allowed to act in Charity Cases.] will then, at the instance of the applicant, and subject It is to be observed that no deputy judge is allowed to to the discretion of the judge, summon or give notice to dispose of these matters, and a jury cannot be sumthe proper persons to appear or attend proceedings at an moned to dispose of the facts. appointed court. These summonses and notices are Record of Proceedings.]—The clerk enters the proserved by post, unless the judge otherwise directs. On ceedings in each case under its respective title, in a book the appointed day the persons summoned to appear, or kept for that purpose, and the various documents who have received notice to attend, or any of the per- lodged with him are filed. sons who are entitled to apply under the act, may Other Cases.]—No special practice has yet been estaappear and oppose the application. The judge then blished with respect to the Friendly, Industrial, and proceeds to make such order in the matter as to him Provident Societies Act, the Literary and Scientific seems just. This order, together with a copy of the Institutions Act, or the Succession Duties Act. other proceedings, is then transmitted to the Charity Commissioners. If it meet with their approval, the

AUXILIARY JURISDICTION. order is final, unless some person authorised to make an application under the statute is desirous of appealing

Absconding Debtors. against the order.

Where any person is indebted in a sum to the amount Appeal.]-In such a case the intended appellant of 201. or more, and he is about leave the country for must, within a calendar month after making the order, the purpose of avoiding or delaying his creditors, it is give notice in writing to the commissioners and to the competent for the creditor to apply, under the 14 & court of bis wish to appeal, stating the grounds of his 15 Vict. c. 52, to the judge of any court, except the. intended appeal. If the commissioners think that the judges acting in Middlesex and Surrey, for an order appeal should be entertained, they give a certificate to to arrest the debtor. If the judge be satisfied by affithat effect, and proceedings on the order are suspended davit that the debt exists, and that the debtor is about during such time as the circumstances require. The to leave the country for the purpose of avoiding or de, commissioners may require the appellant to join in a laying the creditor, he may issue his warrant, directed bond with two sufficient sureties, to be approved by the to the high bailiff, for the purpose of arresting the clerk of the county court, to the treasurer of the court, debtor. The high bailiff may execute the warrant in or such other person as they think fit, in such sum any part of England at any time within seven days as they think reasonable, to pay such costs of the ap- after its date, including the day of its date. This peal as the appellate court shall order; and also, if proceeding by arrest is only auxiliary to proceedings they think fit, to indemnify the charity against the in the superior court. If proceedings are not taken in costs and expenses of or attending such appeal. On conformity with the provisions of the statute, the warcompliance with the requisition of the commissioners, rant does not operate as a protection to the party on an order is made allowing the appeal. Within three whose behalf such warrant' has been issued, but is calendar months the appellant must present a petition wholly void. to the Court of Chancery praying such relief as the

Common-law Procedure Act. case may require. Upon the hearing of the petition The Common-law Procedure Act, 1854, having been the court may confirm, vary, or reverse the order ap- in operation only a few weeks, no practice has at prepealed against, or may remit the order to the county sent been established with respect to proceedings court by which it was made, with or without any de- under it. claration of the Court of Chancery in relation to it; or

EQUITABLE JURISDICTION. the court may dispose of the maiter of the order as in

Chancery. the case of a suit regularly instituted, or a petition. If the appellant do not proceed within three calendar which the Court of Chancery

possesses of availing itself

Joint-stock Companies Winding-up Act.] The power months from the time at which the appeal is allowed, of the assistance of the county courts in certain cases the order of the county court becomes final. If thé costs adjudged by the appellate court to be paid by the does not appear ever to have been exercised, and

the appellant are not paid, the bond may be put in suit

, and jurisdiction under the Joint-stock Companies Windingthe sum recovered on it applied to indemnify the cha- up Act has been very rarely brought into operation. rity or the person damnified, as the case may require, with reference to those matters.

No peculiar practice, consequently, has been established and as the appellate court thinks right. Proceedings by Attorney-General - Appeal.] - The

Insolvency. Attorney-General's power to proceed ex officio con- In the exercise of the jurisdiction in insolvency, as tinues in the same manner as if the act had not been regulated by the 1 & 2 Vict. c. 110, the clerk of the passed; and he may, without the sanction of the Cha- county court acts as registrar, and the high bailiff as rity Commissioners, make application to the county messenger, court in such matters. On making such an applica- Practice.]—The course of proceeding is, that the prition he must lodge with the clerk a statement similar to soner, in whatever part of England he may be confined, the commissioners' certificate or order. On the produc- beyond twenty miles from the General Post-office, pretion of this statement, the clerk will take the same sents his petition for relief, under the 1 & 2 Vict. c. 110, steps for the purpose of bringing the cause to a hear- to the Court for the Relief of Insolvent Debtors in ing as on the application of a private person. At the London. The court in London forth with makes an

July 2 } Appeals.

3

4

6

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12} Appeals.

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order referring the petition for hearing to the county Before the LORDS JUSTICES, at Lincoln's Inn.
court within the district of which the insolvent is in
custody, and transmits the petition and schedule to the Tuesday June 19 {

First Seal.--Appeal Motions and Apcourt for hearing. The insolvent or his attorney deli

peals. Wednesday

20 vers all books, papers, and accounts in his possession,

} Appeals. Thursday

21 and relating to his debts, credits, or estate, to the clerk

Petitions in Lunacy and Bankruptcy,

22 of the county court. On the usual day (of which due Friday ...

and Appeal Petitions. notice is advertised) for hearing insolvency cases, the Saturday 237 petition comes on in its order, and the matter is dis- Monday. 25

Appeals. posed of by the judge in conformity with the pro

Tuesday..

Second Seal.--Appeal Motions and

26 visions of the statute. The petition and schedule,

Appeals. together with a statement of what has been done in the Wednesday 27

28

Appeals. matter, are then transmitted to the Court for the Re- Thursday lief of Insolvent Debtors in London, where the pro: Friday

Petitions in Lunacy and Bankruptcy,

29 ceedings are filed. The judge may recommend, but it

and Appeal Petitions. Saturday

30 seems cannot appoint, the creditors' assignee, though his recommendation is generally confirmed by the court Monday in London. In other respects the practice of the In- Tuesday... {

Third Seal.-Appeal Motions and Ap

peals. solvent Court in London is applied to the proceedings in

Wednesday the county court.

Appeals.
Thursday

5
(To be continued).

Petitions in Lunacy and Bankruptcy, Friday

and Appeal Petitions. Saturday

7
Court Papers.

Monday.
Tuesday ... 10 {

Fourth Seal.- Appeal Motions and

Appeals.

Wednesday EQUITY SITTINGS, AFTER TRINITY TERM,

Thursday 1855.

Friday ...

Petitions in Lunacy and Bankruptcy,

13{Peand Appeal Petitions. Court of Chancery.

Saturday

142 Before the LORD CHANCELLOR, at Lincoln's Inn. Monday

16

Appeals.
First Seal.-Appeal Motions and Ap- Tuesday..

17 Fifth Seal.--Appeal Motions and ApTuesday.... June 19 {

{ peals.

peals. Wednesday 20 Petitions and Appeals.

Wednesday 18 Thursday 21

Thursday .. Friday 22

Petitions in Lunacy and Bankruptcy,

Friday
Appeals.

20 Saturday

23 Monday. 25

Saturday

21

23 Tuesday. 26 Second Seal.- Appeal Motions and Monday.

Tuesday:

Appeals.
Appeals.
Wednesday

Wednesday

25 Thursday 28

Thursday 26 Sixth Seal.-Appeal Motions. Friday 29 ŞAppeals.

Friday ... Saturday 30

and Appeal Petitions. Monday July 2)

Saturday

28

30 Tuesday

3 Third Seal.—Appeal Motions and Ap. Monday..
1 peals.

Tuesday

31 Wednesday

Wednesday .. Aug. 1 } Appeals. 5 Appeals.

Thursday

2 Friday

Friday

3 Saturday 7 Petitions and Appeals.

Saturday Monday 9 Appeals.

Notice.-The days on which the Lords Justices shall be Tuesday... 102 Foupbeascal.- Appeal Motions and engaged at the Judicial Committee of the Privy Council are Wednesday

excepted. 11 Thursday

12 Friday ... 13 > Appeals.

Before the Right Hon. the MASTER OF THE ROLLs, at Saturday 14 1

Chancery-lane. Monday.

16) Tuesday. 17 { Fifobaseal.–Appeal Motions and Ap. Teddesday: June 20 First Seal om.Motions:

207 Pleas, Demurrers, Exceptions, FurWednesday

21 18

Thursday

ther Directions, Further Considera. Thursday

22 19

Friday

tions, and Further Directions and Friday

23 20

Saturday

Costs, until all are disposed of, and

25 Saturday

Monday.

then the General Cause Book. 21 } Appeals. Monday.. 23

Tuesday.. ..... 26 Second Seal.--Motions. Tuesday: 24

[Pleas, Demurrers, Exceptions, Fur. Wednesday

27 25

Wednesday

ther Directions, Further ConsideraThursday

28 tions, and Further Directions and Thursday ..... peals.

Friday

29 | Costs, until all are disposed of, and

then the General Cause Book. Friday

27 Saturday 28 Appeals.

Saturday 30 Petitions in General Paper. Monday... 30

[Pleas, Demurrers, Exceptions, FurTuesday... .... 31° General Petition-day.

ther Directions, Further ConsideraMonday

July 2 tions, and Further Directions and Notice.-Such days as his Lordship is engaged in hearing

Costs, until all are disposed of, and Appeals in the House of Lords excepted.

then the General Cause Book. Tuesday..... 3 Third Seal.-Motions.

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