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JURIST

JURIST

HENRY WRIGHT, Narrow-street, Limehouse, dealer and and div.--George Armitage, John Frankish, William Fran.

chapman, (carrying on business under the style or firm of kish, and Thomas Barker, Sheffield, railway carriage manuHenry Wright & Co.), Oct. 25 at 11, and Nov. 22 at 1, facturers, Oct. 27 at 12, Sheffield, aud. ac.- Thomas Walker, London : Off. Ass. Johnson ; Sol. Moss, 86, Queen-street, Edwinstowe, Nottinghamshire, licensed victualler, Oct. 27 at Cheapside. -Pet. f. Oct. 12.

12, Sheffield, aud. ac.-James Jones, Birmingham, tailor, JAMES CHOAT, Bishopsgate-street Within, dealer and Oct. 27 at 11, Birmingham, aud. ac. ; Nov. 8, div.-Robert

chapman, Oct. 29 and Nov. 29 at 2, London: Off, Ass. Martin and David Wardlaw Scott, Great St. Helens, City, Bell; Sol. Holt, 13, Chatham-place, Blackfriars.- Pet. f. merchants, Nov. 7 at 1, London, div.-Thomas Toynbee, Oct. 6.

Slough, Nottinghamshire, horse dealer, Nov. 7 at 11, London, WILLIAM DIXEY, Bradwell-near-the-Sea, Essex, inn div.-Thomas Hutchings, Park-street, Westminster, and

keeper, Oct. 22 at 2, and Nov. 27 at 12, London: Off. Ass. Great Grimsby, Lincolnshire, and Anston, Yorkshire, railway Stansfeld; Sols. G. W. Digby, Maldon, Essex; A. Digby, contractor, Nov. 6 at 1, London, div.--Harriet Townsend, 1, Circus-place, Finsbury. - Pet. f. Oct. 8.

Charles-street, St. James's, Westminster, poulterer, Nov. 8 JOHN PAIRBROTHER, Hertford, dealer and chapman, at 1, London, div.-Henry Paine, Strand and Charing-cross,

Oct. 31 at half-past 2, and Nov. 27 at half-past 11, Lon. Middlesex, and Battersea, Surrey, tailor, Nov. 6 at half-past don: Off. Ass. Stansfeld; Sols. Lawrance & Co., Old 11, London, div.-- William Holloway, Milbank-street, WestJewry-chambers.--Pet. f. Oct. 16.

minster, saddler, Nov. 8 at 12, London, div.-- William HigCHARLES ARNOLD, late of Commercial-road East, cheese-gins and Thomas Higgins, Old Bond-street, hosiers, Nov. 8

monger, and now of St. Dunstan's-hill, wine merchant, at 12, London, div.-Samuel Lowe, Derby, silk manufacturer, Oct. 24 at half past 2, and Nov. 27 at 1, London : Off. Nov. 6 at 10, Nottingham, aud. ac. and div.-Wm. Holbrook, Ass. Graham ; Sol. Chidley, Gresham-street. — Pet. f. Nottingham, joiner, Nov. 6 at 10, Nottingham, aud, ac. and div. Oct. 5.

-John Whitmore Jones and Thos. Carrier, Wolverhampton, WILLIAM HENRY GOODBURN MASON, Brighton, Staffordshire, hosiers, Nov. 7 at half past 10, Birmingham,

printseller, Oct. 30 at 11, and Nov. 27 at 12, London: Off. div.-- George Major, Swindon, Wiltshire, builder, Nov. 8 at Ass. Stansfeld ; Sol. Dupleix, 61, Lincoln's-inn-fields. II, Bristol, div.-Simeon Pitman, Bath, carpenter, Nov. 15 Pet, f. Oct. 13.

at 11, Bristol, fin. div.-Thomas Wilson and Henry Corbett, JAMES STARKEY, Old-street, St. Luke's, builder, Oct. Madras, East Indies, and Manchester and Preston, merchants,

25 at half- past 11, and Nov. 23 at 12, London: Off. Ass. Nov. 8 at 12, Manchester, div. sep. est. of Henry Corbett.

Edwards; Sol. Stopher, 52, Cheapside.-Pet. f. Oct. 12. Josiah Snibson, Thos. Snibson, and William Snibson, Man. RICHARD JARVIS, late of Wolverhampton, warehouse-chester, wholesale grocers, Nov. 9 at 12, Manchester, div.man, previously of Burslem, Staffordshire, beerseller, but Joshua Crowther and William Dickinson the younger, Mannow a prisoner for debt in the Gaol for the County of Staf. chester, general Manchester warehousemen, Nov. 8 at 12, ford, Oct. 29 and Nov. 19 at half past 10, Birmingham: Manchester, div.-John Manley, Manchester, machine maker, Of. Ass. Whitmore; Sols. E. & H. Wright, Birmingham. Nov. 9 at 12, Manchester, div.-Hugh Henry Ross, Liver- Pet. d. Oct. 10.

pool, draper, Nov. 7 at 11, Liverpool, div. HENRY CLARKE, Church Stretton, Shropshire, seedsman,

CERTIFICATES. (a prisoner for debt in the Gaol of Shrewsbury), Oct. 31

To be allowed, unless Cause be shewn to the contrary on or and Nov. 19 at half past 10, Birmingham : Of. Ass. Bit

before the Day of Meeting. tleston; Sols. Kough & Son, Shrewsbury; Motteram &

William Brown, Great Russell-street, Covent-garden, linen. Knight, Birmingham.-Pet. d. Oct. 6.

draper, Nov. 8 at 2, London.-Samuel Wm. Partridge and WALTER BICK, Gloucester, boot and shoe maker, Oct. 29

Daniel Francis Okey, Paternoster-row, booksellers, Nov. 7 and Nov. 27 at ii, Bristol : Off. Ass. Acraman; Sols.

at 11, London.-Edward Over, Barossa-terrace, CambridgeBevan & Girling, Bristol.--Pet. f. Oct. 6. MOSES HINDLE BURROWS and GREVILE RUD.

road, Bethnal-green, colourman, Nov. 7 at 1, London.- Robt.

Brown, Lime-street, shipbroker, and Port Wallace, Nova DOCK, Wakefield, Yorkshire, worsted spinners, Nov. 1

Scotia, shipbuilder, Nov. 7 at 1, London.-Geo. Goodfellow, and 30 at 11, Leeds : Off. Ass. Young; Sols. Bond & Bar.

Rowell, Northamptonshire, currier, Nov. 7 at 11, London.wick, Leeds.-Pet. d. Oct. 12.

Thomas Chatterton, Rye, Sussex, baker, Nov. 6 at 1, LonMEETINGS.

don.--Henry Scrase, Brighton, stonemason, Nov. 6 at 11, Joseph Windle Cole, Birchin-lane, merchant, Oct. 30 at

London.- Richard Thomas, New Windsor, Berkshire, painter, 12, London, last ex.-David Halket, Herne Bay, Kent, ship

Nov. 8 at 2, London.- William Cockell, Battersea, Surrey, owner, Oct. 31 at 1, London, last ex.-John Leepton, Brad

licensed victualler, Nov. 8 at half past 12, London.- Bailey ford, innkeeper, Nov. 12 at 11, Leeds, last ex. - Thomas

Sherwood and Newman Sherwood, Belvedere-road, Lambeth, Davies, Narbeth, Pembrokeshire, leather dealer, Nov. 15 at

builders, Nov. 8 at 12, London.--Charles Kelly, High-street, 11, Bristol, aud. ac.-Samuel Mayer, Elijah Boulton, and

Kensington, and Baker-street Bazaar, Baker-street, Portman. Spencer Boulton, Bristol and Nailsea, Somersetshire, and

square, auctioneer, Nov. 8 at 11, London.--Harriet TownsCity Basin, Middlesex, potters, Nov. 1 at 11, Bristol, aud.

end, Charles-street, St. James's, Westminster, poulterer, Nov. ac.; Nov. 15 at 11, div.- Richard Fairbourn, Preston, Lan.

8 at 1, London.--Henry Oppenheim, Ramsgate, ship chandler, cashire, wholesale grocer, Oct. 26 at 12, Manchester, aud. ac.

Nov. 8 at 1, London. -John Jessup Sewell, Brighton, apothe. --Francis Paynter, Penzance, Cornwall, attorney, Nov. 1 at

cary, Nov. 8 at 2, London.-Wm. Taylor, Gloucester, general 1, Exeter, aud. ac. ; Nov. 15 at 1, div.-Azariah Elswood,

dealer, Nov. 19 at ll, Bristol.- Wm. Bartlett Whiteway, Chard, Somersetshire, money scrivener, Nov. 8 at 1, Exeter,

Kingsteignton, Devonshire, miller, Nov. 15 at 1, Exeter. aud, ac.-John Marley, Torquay, Devonshire, butcher, Nov.

Charles Henry Wall and Christopher Holt, Samlesbury, near 1 at 1, Exeter, aud. ac.-Joseph Chave, Torquay, Devonshire,

Preston, Lancashire, cotton spinners, Nov. 7 at 12, Manchesbuilder, Nov. 1 at 1, Exeter, aud. ac.-Matthew Lichegary

| ter. --John Williams, Ffynnon Groyw, Llanasa, Flintshire, Dunsford, Exeter, cutler, Nov. 1 at 1, Exeter, aud. ac.

grocer, Nov.8 at 11, Liverpool. - Wm. Farmer, Birmingham, William Bartlett Whiteway, Kingsteignton, Devonshire,

| nail manufacturer, Nov. 8 at half-past 10, Birmingham. miller, Nov. 8 at 1, Exeter, aud. ac. ; Nov. 15 at 1, div. -

Jos. Proffilt, Oldbury, Worcestershire, grocer, Nov. 8 at halfHenry Ellis Skinner, Tiverton, Devonshire, saddler, Nov. 8

past 10, Birmingham.---Thomas Read, Nottingham, builder, at 1, Exeter, aud. ac. ; Nov. 15 at 1, div.--William Canute

Nov. 6 at 10, Birmingham.--Joseph Atherley, Mountsorrel, Bodley, Bonhay, Exeter, brass founder, Nov. 8 at 1, Exeter, aud. ac.; Nov. 15 at 1, div.----Richard Henry Davie, Welling

Leicestershire, apothecary, Dec. 18 at 10, Nottingham.

To be granted, unless an Appeal be duly entered. ton, Somersetshire, money scrivener, Nov. 8 at 1, Exeter, aud. ac. ; Nov. 15 at 1, div.-Thomas Crowden Tiptaft,

Henry Joseph Pratt, New Bond-street, trunk maker.Taunton, Somersetshire, draggist's assistant, Nov. 8 at 1,

i' | Edward Patterson, Birmingham, draper.-John Henry Brad. Exeter, aud.ac.; Nov. 15 at 1, div.-Jose Rickard, Boscastle,

shaw, Birmingham, innkeeper.-John Rollason, Moxley Iron. Cornwall, draper, Nov. 8 at 1, Exeter, and ac.; Nov. 15 at 1,

Nov. 15. at i!! works, near Bilston, Staffordshire, ironmaster. div.-Peter Sharland, Penzance, Cornwall, tailor, Nov. 8 at

PETITION DISMISSED. 1, Exeter, aud. ac.; Nov. 15 at 1, div. --William Charles George Welsh Hunter, Liverpool, ironmonger. Holland, Lincoln, grocer, Nov. 14 at 12, Kingston-upon

PARTNERSHIP DISSOLVED. Hull, aud. ac. and div.-Dan Day, Watergate, Dewsbury, John Peed and Geo. Moore Smith, Whittlesey, Cambridge. Yorkshire, carpet manufacturer, Nov. 6 at 12, Leeds, aud, ac. ! shire, attornies-at-law, solicitors, and conveyancers.

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. 27

GAZETTES.-FRIDAY, Oct. 19.

road, Lambeth, and Cornbury-place, Old Kent-road, Surrey; and Charlton, near Woolwich, and Plumstead, Kent, potter,

Nov. 9 at half-past 12, London, div.--Henry Beatley, Ely, BANKRUPTS.

Isle of Elġ, ironmonger, Nov. 9 at 1, London, div.- Alfred SIR ROBERT PRICE, Bart., M.P., Stratton-street, Pic

Dixon Tooney and Joseph Wyatt, Aldermanbury, wholesale cadilly, Middlesex, and Foxley, Herefordshire, dealer and

stationers, Nov. 10 at Is, London, div.-Thomas Scully and chapman, Nov. 1 at 11, and Dec. 4 at 12, London: Off.

Edward Scully, Cartain-road, Shoreditch, wholesale cheese. Ass. Bell; Sols. Lawrance & Co., Old Jewry-chambers.

mongers, Nov. 9 at half-past 12, London, div.-Wm. Edghill Pet. f. Oct. 5.

| Coles, Strand, dealer in waterproof clothing, Nov. 10 at halfWILLIAM TURNER, King-street, Golden-square, licensed | past 11, London, div.-Joseph Brooks, Bocking, Essex, wheel

victualler. Oct. 29 at half-past ii, and Nov. 27 at 12. wright, Nov. 9 at 12, London, div.-Henry Nathaniel Byles, London : Off, Ass, Bell; Sol. Thwaites, 9, Barnard's-inn,

Gosport, Southampton, brewer, Nov. 9 at 12, London, div.Holborn.--Pet. f. Oct. 14.

Edward Lawrance Kyle, Reading, licensed victualler, Nor. 10 ENOCH JONES, Finsbury-terrace, City-road, mercer,

at 11, London, div.--Henry Peaty, Bristol, grocer, Dec. 20 Nov. 1 at 2, and Dec. 6 at 12, London: Off. Ass. John

at 11, Bristol, fin. div.-Richard Morgan, Dowlais, Glamor. son ; Sols. Lloyd & Rule, Milk-street, Cheapside.-Pet, f. | ganshire, grocer, Nov. 13 at 11, Bristol, div.- Fred. Duncan. Oct. 19.

Liverpool, merchant, Nov. 12 at 11, Liverpool, fin. div.WILLIAM RICH and ROBERT HANNAH, Park-lane,

| Richard Fairbourn, Preston, Lancashire, wholesale grocer, tailors, (trading under the name or firm of Rich & Hannah),

Nov. 9 at 12, Manchester, diy.--W. Geldart, North Shields, Oct. 31 at 3, and Nov. 27 at 2, London: Off, Ass. Stans

shipowner, Nov. 16 at 11, Newcastle-upon-Tyne, fin. div. feld ; Sols. Cook & Beales, 10, Mitre-court-chambers,

CERTIFICATES. Temple.-Pet. f. Oct. 17.

To be allowed, unless Cause be shewn to the contrary on or WILLIAM BALL and THOMAS BALL, Totnes, Devon.

before the Day of Meeting. shire, millers, Nov. 5 and Dec. 6 at 1, Exeter : Off, Ass. Thos. Corah, Nottingham, lace manufacturer, Nov. 6 at 10, Hirtzel ; Sol. Stogdon, Exeter.-Pet. f. Oct. 13.

Nottingham.-Samuel Briggs, William Briggs, and Abraham FRANCIS ROBINSON, Masbrough, Yorkshire, contractor, Banks, Keighley, Yorkshire, machine makers, Nov. 13 at I,

Nov. 3 and Dec. 1 at 12, Sheffield : Off. Ass. Brewin ; Sol. Leeds. Wm. Chas. Holland, Lincoln, grocer, Nov. 14 at 12, Unwin, Sheffield.-Pet. d. Oct. 15.

Kingston-upon-Hull. - William Georye Brown, Dartford, JOHN JONES, Chester, dealer and chapman, Oct. 31 and Kent, clothier, Nov. 9 at half-past 11, London.- William

Dec. 3 at 11, Liverpool : Off. Ass. Morgan ; Sols. Cooper Scudds, Blackheath-park, Kent, livery-stable keeper, Nov. 10 & Sons, Manchester; Dodge, Liverpool. - Pet. f. Sept, 22. at half-past I, London.-Thomas Kerley Senior, Itchen Ferry. MEETINGS.

Southampton, butcher, Nov. 9 at 11, London.-Benjamin Joseph Travis, Green-bridge Cage-mill and Bridge-end,

Hayne and Charles Hayne, Upper Whitecross-street and

Aldersgate-street, carpenters, Nov. 10 at 11, London.near Newchurch, Lancashire, woollen manufacturer, Oct. 31

William Hackett, Oxford, engineer, Nov. 9 at 11, London. at 12, Manchester, last ex.-J. Rushton, Carlisle, plasterer,

--John Ellis and Charles Ellis, Trinity-square, Brixton, Nov. 6 at 11, Newcastle-upon-Tyne, last ex. ; at hall-past 11,

builders, Nov. 10 at half-past 12, London.- John Miers, and ac.-John Lupton, (and not Leepton, as advertised in last

| Nelson-square, Blackfriars-road, appraiser, Nov. 10 at 11, Tuesday's Gazette), Bradford, Yorkshire, innkeeper, Nov. 12 at 11, Leeds, last ex.Matthew James Popplewell, Cle

London.--Thomas Leigh, Wellingborough, wine merchant, ment's-lane, and Robert Goff, New London-street, inerchants,

Nov. 10 at 1, London. ----Jacob Frankenstein, White HartOct. 31 at 12, London, aud. ac.--- John Jennings, Tetbury,

court, Bishopsgate-street Within, tobacconist, Nov. 10 at half

Vi past 2, London.--Edmund Buller, York-street, Middlesex Gloucestershire, linendraper, Nov. 8 at 11, Bristol, aud. ac. --Hugh Henry Ross, Liverpool, draper, Oct. 29 at 11, Liver

Hospital, and Gipsy-hill, Norwood, Nov. 9 at 12, London.

Robert Ewin, High-street, Islington, upholsterer, Nov, 15 at pool, aud. ac. - John Augustus Noel, South Shields, Durham,

: half-past 11, London.-George Geni, South-row, New-road, wine merchant, Nov, 6 at 12, Newcastle-upon-Tyne, aud, ac.; Nov. 16 at 12, div.--Samuel Fenn and Joseph Fenn, Bir

Middlesex, grocer, Nov. 9 at 1, London.- Josiah Overbury,

Nind and Monk Mills, Wootton-under-Edge, Gloucestershire, mingham, tailors, Nov. 2 at 11, Birmingham, aud. ac.-S.

cloth manufacturer, Nov. 17 at 1, London. - Stephen Eduard Briggs, Wm. Briggs, and Abraham Banks, Keighley, York.

Sherwood, Sellinge, near Canterbury, tailor, Nov. 17 at 2, shire, machine makers, Nov. 13 at 1, Leeds, aud. ac. and div. -Joah Carver and W. Carver, Halifax, Yorkshire, machine

London.--Ambrose Eaton, Milk-street, Cheapside, waremakers, Nov. 1 at 11, Leeds, aud. ac.-Wm. John Watson,

houseman, Nov. 10 at 12, London.-James Lamb, Edward Upper Holloway, builder, Nov. 12 at 2, London, div.-Thos.

Lewis, and William Thomas Allum, Wouldham, Kent, and Ledyard Evill and Thos. Dowglass, Vigo-street, cloth manu

Kingsland-road, Middlesex, manufacturers, Nov. 9 at 2, facturers, Nov. 9 at half-past 11, London, div. joint and sep. victualler. Nov. 9 at half-past 1, London.-John Darson,

London.--William Aaron Rogers, Sutton, Surrey, licensed ests. — Samuel Wm. Partridge and Daniel Francis Okey, Paternoster-row, booksellers, Nov. 10 at i, London, div. joint

: | High-street, Shadwell, tobacconist, Nov. 10 at half-past 2,

| London.- John Overbury, Frederick's-place, Old and sep. ests.- Wm. Scudds, Blackheath-park, Blackheath,

Jewry,

woollen warehouseman, Nov. 10 at 2, London.-Sarah Kent, livery-stable keeper, Nov. 10 at half-past 1, London, div.-Henry Lockey Edridye, Monmouth-road, Bayswater,

Frampton, Wimborne Minster, Dorsetshire, butcher, Nov. 10 huilder, Nov. 9 at half-past 1, London, div.- John Mitchell,

at 12, London.-Thomas Barclay Armstrong, Mount-street, Great Bourton, Oxfordshire, railway contractor, Nov. 10 at

Grosvenor-square, and Carpenter-street, Mount-street, Gros

venor-square, fishmonger, Nov. 17 at half-past 1, London.half-past ll, London, div.-Pemble Broune, Grosvenor

Thomas Scully and Edward Scully, Curtain-road, Shorestreet, Bond-street, and Charlton, Kent, wine merchant, Nov. 10 at half-past 11, London, div.-Andrew Burn, Sackville.

ditch, wholesale cheesemongers, Nov. 9 at half-past 12, Lon

don.-Samuel Moses Lotinga and Noah Samuel Lotinga, street, Piccadilly, and Caroline-place, Pancras-vale, tailor, Nov. 10 at 12, London, div.-John Abraham Rippon, Lowth

Newcastle-upon-Tyne and North Shields, merchants, Nov. 14 cottages, Wellington-road, Camberwell, cigar manufacturer,

at 11, Newcastle-upon-Tyne.-Bright Eagland and William

Crampton, Bedford, near Leigh, Lancashire, cotton manufacNov. 10 at half-past 11, London, div.--Thos. Kerley Senior, Itchen Ferry, Southampton, butcher, Nov. 10 at half past 12,

| turers, Nov. 13 at 12, Manchester.--Richard Birtwistle, London, div.- Isaac Wm. Walton, Haymarket, hotel keeper,

Bury, Lancashire, innkeeper, Nov. 14 at 12, Manchester.-Nov. 9 at 12, London, div.-Antoni Forrer, Regent-street,

Thomas Banks, Bradford, 'Yorkshire, washing machine maker, jeweller, Nov. 9 at 11, London, div.-Wm. George Brown,

Nov. 19 at 12, Leeds.- Henry Williamson, Leeds, cloth

merchant, Nov. 9 at 11, Leeds. Benjamin Gregory, Sheffield, Dartford, Kent, clothier, Nov. 9 at half-past 11, London,

builder, Nov, 10 at 12, Sheffield.--John Warburton, Sheffield, div.-Bdward Over, Barossa-terrace, Cambridge-road, Beth. nal-green, Nov. 9 at 2, London, div.---Wm. Epworth Tuke,

edge-tool manufacturer, Nov. 10 at 12, Sheffield. Mark-lane, wine broker, Nov. 9 at 1, London, div.-Charles

To be granted, unless an appeal be duly entered. Christie, Vauxhall-walk and Broad-street, Lambeth, timber

Joseph Harnden, Webb-street, Southwark, and Three Oakmerchant, Nov. 9 at 2, London, div.-W. Sheldrake Francis lane,

proprie lane, Horsleydown, bricklayer. - John Hawker, WestonSparks, New Bond-street, waterproofer. Nov. 9 at 12. Lon. | super-Mare, Somersetshire, builder. don, div.-Jas. Harris, Old Shot Tower-wharf, Commercial.

[For continuation of Gazette, see p. 421].

. 27

.......

..........

413

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...... 965

.......... 967

CONTENTS. London Gazettes....

.. 412 Vice-CHANCELLOR Wood's COURT (Continued). Leading Article

Nash v. The Worcester Improvement Commissioners. The Ticket-of-Leave System...................... 414 -(Practice--Lien for purchase money) ........ 973 Consolidation of Statute Law--Commissioners' Report 417 Anon.-(Practice-Variation of order already made Court Papers-Michaelmas Term.................. 419 at hearing) ................................ 973 NAMES OF THE CASES REPORTED.

Anon.-(Trustee Relief Act, 1850-Fund in name of

two trustees ordered to be received by the AcCOURT OF CHANCERY.

countant-General on the affidavit of one trustee By T. EDWARDS, Barrister at Law.

only)...................................... 9 Broughton v. Broughton.-(Cosis- Trustee acting as

I re Hall's Will. -(Legacy) .................... 974 solicitor for himself and co-trustee-Cradock v.

Kershaw v. Kalow. (Practice - Leave to file unPiper, 14 Jur. 97) ....

stamped bill--Mortgagor and mortgagee--Special Rolls Court.

conditions of sale) ........

.......... 974 By G. Y. Robson, Barrister at Law.

Price v. Gardner.--(Jurisdiction of one Vice-ChanSinclair v. Wilson.-(Bankruptcy-Reputed ownership

cellor after another has risen) ................ 975 -“ Order and disposition" - Fraudulent pre

In re The Yorkshire, Doncaster, and Goole Railway ference).. ..............:

Company, and in re Dylar's Estate.--(Railway Aspland v. Watte.-(Breach of trust-Setting aside

company-Limits of deviation--Costs of second deed - Lapse of time) ....................... 968

vendor on re-investment). ..................... 975 Vice-Chancellor STCart's Court.

COURT OF QUEEN'S BENCH.
By T. F. MORSE, Barrister at Law.

By G. J. P. Smith and W. B. BRETT, Barristers at Law.

Holmes v. Tutton.--(Order for attachment of debtM'Intosh v. The Great Western Railway Company.-

Execution against garnishee-Common-law Pro(Railway contracts and works- Account--Juris.

cedure Act, 1854, sects. 61, 62, 64-Bankruptcy diction in equity)............................ 969 of original debtor " Creditor having security for Shaw v. Fisher,- (Vendor and purchaser- Specific

debt" -"Mortgage" or "lien"-Bankrupt-law performance-Transfer of shares to sub-purchaser

Consolidation Act, 1849, sect. 184-Auctioneer--Want of title to shares--Privily of contract)... 971 Action by purchaser-Set-off-Action by assignees) 975 Vice-CAANCELLOR Wood's Court.

Court of Common Pleas.
By Matthew B. Begbie, Barrister at Law.

By W. PATERSON and W. MILLS, Barristers at Law. King v. King.-(Costs in a cause must be submitted

Morton v. Copeland.--(Dramatic Property Act, 3 & 4 to taxation) .......

.......... 972

Will. 4, c. 15, 8. 2-Consent in writing of author Cuff o. Hall.-(Power to sell--Extension of the time

for representations-Action for penalty)........ 979 limited in the instrument creating the power).... 972

ExchEQUER CHAMBER. Powell . Matthews.-(Fines and Recoveries Abolition

By H. MACNAMARA and G. Francis, Barristers at Law. Acl-Vesting order - Infant tenant in tail in re Giles v. Jones.-(Weights and measures-Ton " long mainder) .......

.............. 973 11 weight'--5 Geo. 4, c. 74-5 8. 6 Will. 4, c. 63). 982

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THE JURIST.

the plaintiff's counsel what questions he intended to

ask the witness, which the latter refused to disclose, LONDON, OCTOBER 27, 1855.

insisting on his right to put the defendant in the box.

The judge ruled that he was not entitled to do so, and The most interesting branch of jurisprudence is that

thereupon the plaintiff was nonsuited. The Court of which relates to the law of evidence, especially under Exchequer, however, held that the plaintiff's counsel the new system, beginning in the reign of William IV,

had a right to insist upon the defendant being sworn, by the abolition of objections to the competency of

and that if the questions afterwards put to him had a witnesses on the cround of interest or of crime, and tendency to criminate him, the objection to answer proceeding to the later measures for compelling, in

must be taken by the party himself upon oath*. They most cases, the testimony not only of parties to the

further held that the improper rejection of the witness suit, but also of their wives. Among the recent illus

was ground for a new trial, and granted one accordtrations of this system must be ranked the well-known ingly. With regard to the other and more important case of Boyle v. Wiseman, (1 Jur., N. S., part 1,

question raised upon the facts, namely, whether seconpp. 115, 894).

dary evidence is receivable of a private document in the That was an action for a libel published in France

possession of a person beyond the jurisdiction of the in The Univers newspaper. On the occasion of the

Court, who refuses to produce it, the Court said that it first trial, a witness for the plaintiff, in order to prove

was one of first impression, but intimated a strong publication, deposed that he saw at Paris, in the hands

opinion that it is admissible. The principle upon which of the Abbé Cognat, a letter in the handwriting of the

secondary evidence is admitted or rejected was thus defendant; that he asked for the letter to bring it to

lucidly stated by Parke, B.:-“If you offer inferior

evidence without accounting for the absence of the priEngland, which the Abbé refused, but the witness was prepared to give the contents from memory. The

mary, a presumption of law arises that there is some

thing in the original document which makes against plaintiff's counsel thereupon proposed to give secondary evidence of the contents of the letter, which was sup

you. The law, therefore, requires you to make all rea

sonable efforts to procure the original; but if you shew posed to contain an admission by the defendant that he was the author of the libel in question, but it was re

that you have exhausted them in vain, and that it is jected. The plaintiff's counsel then called the defend

* See Osborn v. The London Dock Company, (10 Exch. ant himself as a witness, but his counsel objected to his

698 ; S. C., 1 Jur., N. S., part 1, p. 93), in which it was

held that an objection to answer interrogatories, upon the being examined, on the ground that he might be asked ground of their criminating tendency, must come upon oath questions tending to criininate him. The judge asked from the party interrogated, and not from his attorney.

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