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The Right Hon, the Earl of Devon.
The Right Hon. Lord Truro.
The Right Hon. the Lord Justice Knight Bruce.
William Baker, Esq., late Master in Chancery.
Richard Richards, Esq., Master in Chancery. STOCK OF LAW AND GENERAL STATIONERY
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No. 40, NEW SERIES.-Vol. I.
OCTOBER 13, 1855.
SOLICITORS & GENERAL LIFE ASSURANCE SOCIETY,
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DIRECTORS, CHURCH, JOHN THOMAS, Esq., Bedford-row.
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as extra Commission. 2. At the first division of Profits in May, 1853, a Reversionary Bonus, The extra Commission paid in 1853 to persons introducing business averaging 45l. per cent., was declared on all Participating Policies. In
was as follows: some cases the Bonus exceeded 611. per cent. on the premiums paid.
Ordinary Commission paid.
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£75 16 0
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41 12 2
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C. J. GILL, Secretary. TAYLOR'S LAW OF EVIDENCE. -SECOND EDITION.
Just published, in 1 vol. 12mo., price 10s. 64. cloth, Just published, in 2 vols. royal 8vo., price 21. 168. cloth, A TREATISE on the LAW of EVIDENCE, as adminis- THE NEW COMMON-LAW PROCEDURE, founded
on the Acts of 1852 and 1854; including the New Rules on Practered in England and Ireland; with illustrations from the Ame- tice and Pleading, with Notes of Cases decided thereon, Forms, Tables, rican and other Foreign Laws. By JOHN PITT TAYLOR, Esq., of and Index. By PHILIP FRANCIS, of the Middle Temple, Esq., the Middle Temple, Barrister at Law.
Barrister at Law.
W. Maxwell, 32, Bell-yard, Lincoln's-inn.
This day is published, in 1 vol. 12mo., price 17. cloth, in 4 vols.), DAVIDSON'S PRECEDENTS in CONVEYANCING.
SHEL FOR D'S BANK R U PT L AW.
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Just published, in 1 vol. post 8vo., price 188. cloth,
Abridged, and adapted to the existing State of the Law. By SMITH'S (JOHN WM.) LAW OF LANDLORD AND TENANT,
SAMUEL WARREN, of the Inner Temple, Esq., D, C.L., Recorder
of Hull, and one of her Majesty's Counsel. Just published, in 8vo., price 14s. cloth,
William Maxwell, 32, Bell-yard, Lincoln's-inn; William Blackwood THE LAW of LANDLORD and TENANT: being a & Sons, Edinburgh; and Hodges & Smith, Dublin.
Course of Lectures delivered by the late JOHN WILLIAM SMITH, Esq., Author of “ A Selection of Leading Cases," &c. With PRIDEAUX'S LAW OF JUDGMENTS AND CROWN DEBTS. Notes and Additions, by FREDERIC PHILIP MAUDE, Esq., Bar
In 1 vol. 12mo., price 78. cloth, Fourth Edition, rister at Law. With this long commentary, suggested by the peculiar features of THE LAW of JUDGMENTS and CROWN DEBTS,
as they affect Real Property. By FREDERICK PRIDEAUX, this volume, but of general application, we close it with a hearty commendation of its contents to the perusal of all students
and of all practi- | Esq., of Lincoln's-inn, Barrister at Law.
W. Maxwell, 32, Bell-yard, Lincoln's-inn. tioners who do not feel themselves to possess a sufficient mastery of the principles of the Law of Landlord and Tenant, and of the broad out
Shortly will be published, in 1 vol. 12mo., lines of its practice."-Law Times. " The volume before
us will be found fully to sustain the great re- THE LIMITED LIABILITY ACT, 1855, (18 & 19 Vict. putation of its deceased author; and as regards the notes and references
c. 133), with concise Forms of a Deed of Settlement for consticontained in it, which have been respectively prepared and selected
tuting a Company under the Act, and of a Deed of Alteration for with much care and discernment, to confer very considerable credit on
enabling an existing Company to register under the Act; and Practical its learned editor." --Law Magazine.
Notes on the Application of the Act, and the Precedents. Ву W. Maxwell, 32, Bell-yard, Lincoln's-inn.
THOMAS HENRY HADDAN, M.A., of the Inner Temple, Bar
rister at Law, Vinerian Law Fellow, and late Fellow of Exeter College, BAKER'S LAWS RELATING TO BURIALS.
William Maxwell, 32, Bell-yard, Lincoln's-inn.
In 1 vol. 12mo., price 188. cloth,
Edition, considerably enlarged and extended, so as to form a
complete Practice of the Court. Just published, in 1 vol. 12mo., price 4s. 6d.,
" It is most ably executed."-Law Magazine. WILLS S VESTRYMAN'S GUIDE.-A Treatise on the "The author has ably arranged his work, which presents at a view
Powers and Duties of Parish Vestries in Ecclesiastical Matters; the various proceedings in a suit now requisite to be taken under the being a Vestryman's Guide. By ALFRED WILLS, Esq., Barrister new system."-Sun. at Law.
W. Maxwell; S. Sweet; and Stevens & Norton, Law Booksellers and
GAZETTES.-FRIDAY, Oct. 6.
10 at half-past 10, Birmingham, div.-George Armitage, John Frankish, William Frankish, and Thomas Barker, Sheffield,
railway carriage manufacturers, Oct. 27 at 12, Sheffield, div.BANKRUPTS.
John Etheridge and George Monck Berkley Michell, Liver. HENRY BULL and JOHN JAMES HARPER, London- of G. M. B. Michell.-Mary Jackson and Thomas Heywood,
pool, insurance brokers, Oct. 29 at 11, Liverpool, div. sep. est. street, Greenwich, upholsterers, Oct. 22 at 2, and Nov. 16 Droylsden, Lancashire, skein printers, Oct. 26 at 12, Manat 12, London: Of. Ass. Graham ; Sols. Lloyd & Rule, chester, div. 26, Milk-street, City.-Pet. f. Oct. 4.
CERTIFICATES. GUSTAVE LOUIS LONGFILS, Pilgrim-street, Ludgate
hill, dealer and chapman, Oct. 16 at 2, and Nov. 15 at 12, To be allowed, unless Cause be shewn to the contrary on or London : Off. Ass. Johnson ; Sol. Brewer, 3, Philpot-lane.
before the Day of Meeting. -Pet. f. Oct. 4.
James Standing, Batten's-terrace, High-street, Peckham, CYPRIAN JAMES COTTERELL, Abingdon, Berkshire, china dealer, Oct. 26 at 1, London.-Wm. Charles Goode,
dealer and chapman, Oct. 19 at il, and Nov. 19 at 12, High-street, Borough, warehouseman, Oct. 26 at 2, London. London : Off. Ass. Lee; Sol. Jones, 15, Sise-lane.—Pet. -Thomas Hutchins, Hungerford, Berkshire, butcher, Oct. f, Sept. 24.
26 at half-past 12, London. - John Grover, Strand, stationer, WILLIAM FISHER, Stratford-upon-Avon, Warwickshire, Oct. 26 at half-past 1, London.- Thomas Philps, Green.
grocer, Oct. 19 and Nov. 16 at 11, Birmingham : Off, Ass. lanes, Highbury-park, carpenter, Oct. 26 at 2, London.-C. Christie; Sols. ne, Stratford-upon-Avon ; Hodgson, Bir-Horsnell, Chelmsford, Essex, ironmonger, Oct. 26 at 1, Lonmingham.- Pet. d. Sept. 27.
don.--Harriet Joseph, Merthyr Tydvil, Glamorganshire, vicJOSEPH BRAITHWAITE, Stafford, miller, Oct. 17 and tualler, Nov. 12 at 11, Bristol.--Samuel Howarth and Noah
Nov. 7 at half-past 10, Birmingham : Off. Ass. Bittleston ; Howarth, Radcliffe, Lancashire, dyers, Oct. 26 at 12, Man-
To be granted, unless an appeal be duly entered.
Samuel How, Liverpool, broker.-Andrew Hall, Man.
TUESDAY, Oct. 9.
Sols. Messrs. Harrison, 5, Walbrook.--Pet. f. Oct. 4. HENRY WILLIAM JEFFREE, Kingston-upon-Hull, cot. WILLIAM ATTWOOD, Old Dorset-place, Clapham-road,
ton spinner, Oct. 17 and Nov. 14 at 12, Kingston-upon- Surrey, dealer and chapman, Oct. 19 at 2, and Nov. 22 at Hull: Off. Ass. Carrick ; Sols. Wells & Smith, Kingston- 12, London : Off. Ass. Bell; Sol. Murrough, New-inn, upon-Hull.- Pet. d. Sept. 26.
Strand.-Pet. f, Oct. 9. THOMAS SMITH, Kingston-upon-Hull, grocer, Oct. 17 CHARLES WATKINSON, Bedford, dealer and chapman,
and Nov. 14 at 12, Kingston-upon-Hull: Off. Ass. Car- Oct. 18 at 11, and Nov. 13 at 12, London: Off. Ass. Ed. rick; Sols. Wells & Smith, Kingston-upon-Hull.---Pet. d. wards ; Sols. Lepard & Co., 9, Cloak-lane, Cannon-street. Sept. 26.
-Pet. f. Oct. 28.
CHARLES GROSSMITH, Wellington-street, Strand, and
soda water manufacturer, (carrying on business under the 15 at 1, London, aud. ac.- Daniel Culhame, Dartford, Kent, style or firm of Thomas Devine & Co.), Oct. 17 at half. apothecary, Oct. 17 at London, aud. ac.; Oct. 24 at 1, last past 2, and Nov. 20 at 12, London : Of. Ass. Stansfeld ; ex.-H. Hirschberg, Cheapside, merchant, Oct. 30 at 12, Lon- Sol. Rushbury, 2, Surrey-street, Strand.-Pet. f. Oct. 5. don, aud, ac, and div.-Wm. Kemp, Guildford, draper, Oct. 29 EDWARD ASHWELL, Gosberton, Lincolnshire, dealer and at 2, London, aud. ac.-Thomas Davies, New Quay, Cardi- chapman, Oct. 23 and Nov. 15 at 10, Nottingham : Off. ganshire, ship builder, Oct. 25 at 11, Bristol, aud. ac. - John Ass. Harris; Sols. Sargent, Birmingham; Wiglesworth, Burton and Robert Edward Rees, South Hamlet, Gloucester Donington, Spalding, Lincolnshire.- Pet. d. Oct. 8. shire, barge builders, Oct. 18 at 11, Bristol, aud. ac.--Herbert WILLIAM THOMAS STANIFORTH, Sheffield, Yorkshire, Room, Birmingham, metallic bedstead manufacturer, Oct. 29 cutlery manufacturer, Oct. 20 and Nov. 24 at 12, Sheffield: at half-past 10, Birmingham, aud. ac. and div.-John Weston, Off. Ass. Brewin; Sol. Smith, jun., Sheffield.-Pet. d. Market Harborough, Leicestershire, tailor, Oct. 24 at half- Sept. 22. past 10, Birmingham, aud. ac.—William Grainger, Dudley, JAMES HOWARTH, Ashton-under-Lyne, Lancashire, Worcestershire, builder, Oct. 29 at half-past 10, Birmingham, dealer and chapman, Oct. 19 and Nov. 23 at 12, Manaud. ac.-- Richard Bartlam, Wolverhampton, grocer, Oct. 24
chester : Off. Ass. Hernaman ; Sols. Mellor, Ashton-under. at half-past 10, Birmingham, aud. ac.--John M'Carthy, Aston, Lyne; Sale & Co., Manchester.- Pet. f. Sept. 29. near Birmingham, publican, Oct. 29 at half-past 10, Birming
MEETINGS. ham, aud. ac.--James Dyson, Huddersfield, draper, Oct. 18 at 11, Leeds, aud. ac. John Ellis Watkinson, Halifax, grocer, Oct. 24 at 12, London, aud. ac.-J. Dawson, E. Butterworth,
Wm. Skipp Peebles, East Dereham, Norfolk, builder, Oct. 18 at 11, Leeds, aud. ac.- Peter Claussen, Newman- and Jas. Butterworth, Spotland, Rochdale, and Manchester, street, Oxford-street, manufacturer, Oct. 29 at 12, London, calico printers, Oct. 19 at 12, Manchester, aud. ac.; Nov. 2 div.-James Smilh, Philpot-lane, tea-dealer, Oct. 30 at 11, at 12, div.- John Manley, Manchester, machine maker, Oct. London, div.-William Winder, Haymarket, tavern-keeper, 19 ať 12, Manchester, aud. ac. - John Hammond, BirmingOct. 30 at 1, London, div.-William Kemp, Guildford, draper, ham, builder, Nov. 16 at 11, Birmingham, aud. ac.-Henry Oct. 29 at 2, London, div.-George Boss, Brighton, livery Thomas, Walsall, Staffordshire, saddler, Nov. 16 at 11, Birstable keeper, Oct. 29 at 11, London, div.--Walter Brettell, mingham, aud. ac.-Wm. Davies, Birmingham, shoe manoLittle Marlborough-street, printer, Oct. 30 at 2, London, dix. facturer, Nov. 16 at 11, Birmingham, aud. ac.-Eli Wise - Jacob Connop, New Finchley-road, St. John's-wood, bill Peters, Coventry, wine merchant, Nov. 2 at 11, Birmingham, broker, Oct. 26 at 12, London, div.-John Forbes, Robert and. ac. and div.-Wm. Leedham and Wm. Alfred Wild, Allen Crawford, and David Shene, Broad-street, merchants, Sheffield, opticians, Oct. 20 at 12, Sheffield, aud.ac.— Thos. Oct. 26 at 2, London, fin. div.-William Birch Price and Tyler, Wood-street, Cheapside, warehouseman, Oct. 30 at John Edwards, Shrewsbury, bankers, Oct. 31 at half-past 10, Birmingham, div.--George Newey, Birmingham, grocer, Dec.
[For continuation of Gazette, see p. 401).
CONTENTS. London Gazettes..........
COURT OF QUber's Bench. Leading Article
By G. J. P. Smith and W. B. Brett, Barristers at Law. Consolidation of Statute Law-Commissioners' Report 398
Moller v. Young.--(Charterparty-Part delivery of
cargo-Refusal to deliver residue till payment of NAMES OF THE CASES REPORTED.
freight-Damages for detention of ship-Bill of ROLLS COURT.
lading referring to charterparty-Liability of consignee)
934 By G. Y. ROBSON, Barrister at Law.
COURT OF COMMON PLEAS. Palmer v. Newell.-(Double portions-Intention
By W. PATERSON and W. Mills, Barristers at Law. Parol evidence)
929 Jones v. Orchard.—(Bail on removal of indictment
for misdemeanour into Queen's Bench-Implied VICE-CHANCELLOR STUART'S COURT.
indemnity by defendant to bail against costs of proBy T. F. MORSE, Barrister at Law.
936 Salter o. Adey.-(Ship's husband, right to commis.
COURT OF EXCHEQUER. sion of-Settled accounts-Verbal partnership
By W. M. Best, Barrister at Law. Agreement - Custom).
930 Johnson v. Diamond.--(17 & 18 Vict. c. 125, ss. 61,
&c.--Foreign attachment-Bond-Set-off). 938 VICE-CAANCELLOR Wood's COURT.
CROWN CASES RESERVED.
By G. FRANCIS, Barrister at Law. Martindale v. Martindale.-(Partnership-Variation Reg. v. Eagleton.-(Fraud at common law-False pre. of contract)
932 tences — 7 8. 8 Geo. 4, c. 29, s. 53-Breach of conWright v. Vanderplank.-(Fraud-Undue parental in
tract - Attempt to obtain money-Obtaining credit fluence-Laches preventing relief on fraud)...... 932 in account)
true owner, under circumstances calculated to enable
the bankrupt to obtain a false credit by inducing the LONDON, OCTOBER 13, 1855.
world to look on him as the true owner.
2. That the question whether goods are in the posTae doctrine of reputed ownership has undergone session, &c. of a bankrupt may depend on the usage of considerable modification in recent times -- a result some particular trade, which may vary at different achieved mainly by the Court of Exchequer. It was times and places. formerly used in many instances as an instrument for 3. That where property is left by the true owner in the transfer to a bankrupt's creditors of property which a shop, warehouse, or other place where goods are nonever belonged to their debtor, and which probably had toriously left for other purposes than for sale, the not in any manner influenced the amount of the credit proprietor of the shop, &c. is not reputed owner of them given to him. It was paying the debts of A. with the within the statute. goods of B., who had been unfortunate enough to leave The bankrupt in Bell v. Hamilton was a clockmaker, them in A.'s hands for a few days, it might be for con- and kept clocks in his shop for sale, and also clocks bevenience or security; B. himself, perhaps, believing A. longing to other persons for repair. In July, 1853, to be a man of substance from the very credit which the plaintiff bought a clock of him, but desired it to he was obtaining from those men who now divide be kept until he moved into a new house. In March, amongst them B.'s goods.
1854, he purchased two more clocks, and left them After having decided that goods whereof the bank- with the bankrupt to be cleaned, which might have rupt is reputed owner do not pass to the assignees under been done in three days. On the 7th April the bankthe Bankrupt-law Consolidation Act without a special ruptcy took place, at which time the three clocks were order of the Court of Bankruptcy for that purpose, in the shop. They were held not liable to seizure by (Heslop v. Baker, 6 Esch. 740; 8 Exch. 411; see also the assignees. Quartermaine v. Bittlestone, 13 C. B. 133), the Court On their behalf it was urged that the bankrupt had of Eschequer has, with a liberal appreciation of the once been owner of the clocks, and that the change of requirements and at the same time the varying cir- property had not been sufficiently indicated. Reference cumstances of trade, laid down rules upon the subject, was made to Knowles v. Horsfall, (5 B. & Al. 134), in which on the one hand render cantion in the giving of which casks of brandy, which had been purchased of credit to “outward appearances” more advisable than a spirit merchant, and left on his premises for conveever, and on the other hand tend to preserve unto each nience, passed to the assignees; and Lingard v. Mesman his own property, instead of distributing it by a siter, (1 B. & Cr. 308), in which machinery, of which kind of legal spoliation for the benefit of third persons. the bankrupt had once been the real owner, had been We allude to the case of Bell v. Hamilton and Others, purchased by the defendant, and then demised by him (18 Jur., part 1, p. 1109; S. C., 24 L. J., Ex., 45), to the bankrupt at an annual rent, the defendant's, from which the following propositions may be de initials having been first marked upon it; and it was duced :
held that it passed to the assignees. 1. That in order to render goods in the possession, With regard to the former case, Parke, B., said that order, or disposition of a bankrupt, two things must the seller kept only his own brandies for sale, and there, concur—first, they must be in his possession under such fore all in his vaults appeared to be his, and that it circumstances as to render him reputed owner of the would have been otherwise if it had been shewn that goods; and, secondly, they must have been left in his the merchant was in the habit of receiving into his pospossession through some impropriety or laches of the session the goods of other people. And Alderson, B., said that it was then rather a question as to the con- CONSOLIDATION OF THE STATUTE LAW. clusion which the Court ought to draw from the facts, and he almost regretted having reported the case. Lin
EXTRACTS FROM THE APPENDIX TO THE REgard v. Messiter was disposed of by the remark that
PORT OF THE COMMISSIONERS. the value of a decision is affected by the change of cir
(Continued from p. 392). cumstances, and that if rightly decided at the period
British Newspapers of its occurrence it would not be so decided now, as and published in the United Kingdom liable to the
“shall mean newspapers printed “it is notorious that machinery is often hired, and there stamp duty, and duly stamped.” (7 Will. 4 & 1 Vict. fore there is no presumption that machinery in the posc. 36, s. 47).. session of a manufacturer is his own; so, carriages are British Newspapers « shall mean newspapers printed now notoriously hired. ... Family plate in the pos- and published in the United Kingdom liable to the session of a silversmith ought not to pass to his stamp duties, and duly stamped, and also newspapers assignees.”—Per Pollock, C, B. Parke, B., said that printed in the islands of Guernsey, Jersey, Alderney, he had always considered Lord Redesdale’s exposition (3 & 4 Viet. c. 96, s. 71).
Sark, or Man, although not liable to stainp duties." of the subject in Joy v. Campbell (1 Sch. & L. 328) as
British Postage "shall mean the duty chargeable on the best he had met with. It is this—“That clause letters transmitted by post from place to place within refers to chattels in the possession of the bankrupt, the United Kingdom, or, if transmitted to or from the ‘in his order and disposition* with consent of the true United Kingdom, chargeable for the distance which owner.' That means where the possession, order, and they shall be transmitted within the United Kingdom, disposition is in a person who is not the owner, to and including also the packet postage, if any." (7 Will.
4 & 1 Vict. c. 36, s. 47). whom they do not properly belong, and who ought not
Colonial Letter « shall mean a letter transmitted beto have them, but whom the owner permits unconscien- tween any of her Majesty's colonies and the United tiously, as the act supposes, to have such order and dis- Kingdom.” (Ib.) position. The object was to prevent deceit by a trader Colonial Newspapers “shall mean newspapers printed from the visible possession of property to which he was and published in any of her Majesty's dominious out not entitled; but in the construction of the act the of the United Kingdom.” (Ib.) nature of the possession has always been considered.” Colonies (Her Majesty's) “shall include every port This view was acquiesced in by the other learned in the East India Company in trust for her Majesty,
and place within the territorial acquisitions now vested judges of the Exchequer, and it will be found to per- the Cape of Good Hope, the islands of St. Helena, vade each of their judgments. It subjects the whole Guernsey, Jersey, and Isle of Man, (unless any such doctrine of reputed ownership to simple and intelligible places be expressly excepted), as well as her slajesty's tests, and removes from it the hardship and injustice other colonies and possessions beyond seas.” (Ib.) with which it was chargeable. The loss of property Colonies (Her Majesty's) “shall include every port under its influence is now a penalty for misconduct, and place within the territorial acquisitions now vested rather than a punishment for not foresceing that which the Cape of Good Hope, the island of St. Helena, the
in the East India Company in trust for her Majesty, no one else foresaw, and for indulging in a confidence Ionian Islands, and Honduras, as well as her Majesty's which was shared by those very creditors who divided other colonies and possessions beyond the seas, (the his goods amongst them.
islands of Man, Guernsey, Jersey, Alderney, and Sark Before quitting this subject we should observe that only excepted).” (3 & 4 Vict. c. 90, s. 71). in Graham v. Furber (14 C. B. 131) it was held that Convention Posts “shall mean posts established by the true owner has a right, at any time before the fiat, habitants of any places." (7 Will. 4 & 1 Vict. c. 36,
the Postmaster-General under agreements with the in(or petition for adjudication), to take back his goods,
$. 47). provided he does so without notice of any prior act of
Delivery to a letter-carrier, or other person authorised bankruptcy, it being a “transaction” with the bank- to receive letters for the post, “shall be a delivery to the rupt within the meaning of sect. 133 of the 12 & 13 Post-office; and a delivery at the house or office of the Vict. c. 106; and in Brewin v. Short and Others person to whom the letter is addressed, or to him or to (1 Jur., N. S., part 1, p. 798) the Court of Queen's his servant or agent, or other person considered to be Bench went further, by holding, that if before the authorised to receive the letter according to the usual date of the fiat or petition, and before notice of an act livery to the person addressed.” (Ib.)
manner of delivering that person's letters, shall be deof bankruptcy, the true owner bona fide demands pos
Double Letter “shall mean a letter having one insession of the goods, and, communicating with the closure.” (Ib.) bankrupt, does that which shews that the goods no Double Postage “shall mean twice the amount of longer with his consent remain in the possession, order, single postage." (Ib.) or disposition of the bankrupt, the title of the true East Indies “shall mean every port and place within owner is not defeated by a prior act of bankruptcy. the territorial acquisitions now vested in the East India
Company in trust for her Majesty, and every other port
or place within the limits of the charter of the said The Queen has been pleased to appoint William company, (China excepted), and shall also include the
Cape of Good Hope.” (Ib.) Johnstone Ritchie, Esq., to be one of the Puisne Judges of the Supreme Court of New Brunswick.
Express “ shall mean every kind of conveyance employed to carry letters on behalf of the Post-office other
than the usual mail.” (Ib.) The words used in the statute are, “possession, order, or Foreign Country “shall mean any country, state, or disposition;" but Pollock, C, B., said that he should read " or” kingdom not included in the dominions of her Majesty." as "and.”