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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 Hutchinys, 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 FAIRBROTHER, 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.- 11, 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, Off. 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 and Nov. 19 at half.past 10, Birmingham : oř. 'Ass. Bit- | To be allowed, unless Cause be shewn to the contrary on or

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

Daniel Francis Okey, Paternoster-row, booksellers, Nov. 7 and Nov. 27 at 11, Bristol: Off. Ass. Acraman; Sols. Bevan & Girling, Bristol. ---Pet. f. Oct. 6.

at 11, London.-Edward Orer, Barossa-terrace, CambridgeMOSES HINDLE BURROWS and GREVILE RUD. Brown, Lime-street, shipbroker, and Port Wallace, Nova

road, Bethnal-green, colourman, Nov. 7 at 1, London.-- Robt. DOCK, Wakefield, Yorkshire, worsted spinners, Nov... 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. Joseph Windle Cole, Birchin-lane, merchant, Oct. 30 at London.-Richard Thomas, New Windsor, Berkshire, painter,

don.-Henry Scrase, Brighton, stonemason, Nov. 6 at 11, 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 Davies, Narbeth, Pembrokeshire, leather dealer, Nov. 15 at builders, Nov. 8 at 12, London.-- Charles Kelly, High-street,

Sherwood and Newman Sherwood, Belvedere-road, Lambeth, 11, Bristol, aud. ac.--- Samuel Mayer, Elijah Boulton, and Kensington, and Baker-street Bazaar, Baker-street, Portman. Spencer Boulton, Bristol and Nailsea, Somersetshire, and City Basin, Middlesex, potters, Nov. 1 at 11, Bristol, aud. square, auctioneer, Nov, 8 at 11, London.-Harriet Townsac.; Nov. 15 at 11, div.-Richard Fairbourn, Preston, Lan 8 at 1, London.-Henry Oppenheim, Ramsgate, ship chandler,

end, Charles-street, St. James's, Westminster, poulterer, Nov. 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 1, Eseter, aud. ac. ; Nov. 15 at 1, div.-- Azariah Elswood, dealer, Nov. 19'at 11, Bristol.-Wm. Bartlett Whiteway,

cary, Nov. 8 at 2, London.-Wm. Taylor, Gloucester, general 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.William Bartlett Whiteway, Kingsteignton, Devonshire, nail manufacturer, Nov. 8 at half-past 10, Birmingham.

grocer, Nov.8 at 11, Liverpool.-Wm. Farmer, Birmingham, miller, Nov. 8 at 1, Exeter, aud. ac. ; Nov. 15 at 1, div.Henry Elis Skinner, Tiverton, Devonshire, saddler,' Nov. 8 Jos. Proffitt, Oldbury, Worcestershire, grocer, Nov. 8 at halfat 1, Exeter, aud. ac.; Nov. 15 at 1, div.---William Canute past 10, Birmingham.---Thomas Read, Nottingham, builder,

Nov. 6 at 10, Birmingham.---Joseph Atherley, Mountsorrel, Bodley, Bonhay, Exeter, brass founder, Nov. 8 at 1, Exeter, Leicestershire, apothecary, Dec. 18 at 10, Nottingham. aud. ac.; Nov. 15 at 1, div.--Richard Henry Davie, Wellington, Somersetshire, money scrivener, Nov. 8 at 1, Exeter,

To be granted, unless an Appeal be duly entered. and. ac. ; Nov. 15 at 1, div.- Thomas Crowden Tiptaff, Edward Patterson, Birmingham, draper.-John Henry Brad

Henry Joseph Pratt, New Bond-street, trunk maker. Taunton, Somersetshire, druggist's assistant, Nov. 8 at 1, Exeter, aud.ac.; Nov. 15 at 1, div.-Jose Rickard, Boscastle, shaw, Birmingham, innkeeper.--- John Rollason, Moxley IronCornwall, draper, Nov. 8 at 1, Exeter, and ac.; Nov. 15 at 1, 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, CambridgeYorkshire, carpet manufacturer, Nov. 6 at 12, Leeds, aud. ac. ! shire, attornies-at-law, solicitors, and conveyancers.

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PP

. 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 Ely, ironmonger, Nov. 9 at 1, London, div.-

Alfred SIR ROBERT PRICE, Bart., M.P., Stratton-street, Pic-Dixon Toovey and Joseph Wyatt, Aldermanbury, wholesale

cadilly, Middlesex, and Foxley, Herefordshire, dealer and stationers, Nov. 10 at 11, London, div.-Thomas Scully and chapman, Nov. 1 at 11, and Dec. 4 at 12, London: Off. Edward Scully, Curtain-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, Nov. 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, Glamorson ; 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, div.-W. Geldart, North Shields, Oct. 31 at 3, and Nov. 27 at 2, London: Of. 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 1,

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 George 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 1, London. - Thomas Kerley Senior, Itchen Ferry, MEETINGS.

Southampton, butcher, Nov. 9 at 11, London.-Benjamin

Hayne and Charles Hayne, Upper Whitecross-street and Joseph Travis, Green-bridge Cage-mill and Bridge-end, Aldersgate-street, carpenters, Nov. 10 at 11, London.near Newchurch, Lancashire, woollen manufacturer, Oct. 31 at 12, Manchester, last ex.-J. Rushton, Carlisle, plasterer, -John Ellis and Charles Ellis, Trinity-square, Brixton,

William Hackett, Oxford, engineer, Nov. 9 at 11, London. Nov. 6 at 11, Newcastle-upon-Tyne, last ex.; at half-past II, 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 London.-Thomas Leigh, Wellingborough, wine merchant, at 11, Leeds, last ex.-Matthew James Popplewell, Cle- Nov. 10 at 1, London. --Jacol Frankenstein, White Hart ment's-lane, and Robert Goff, New London-street, merchants, court, Bishopsgate-street Within, tobacconist, Nov. 10 at hallOct. 31 at 12, London, aud. ac.-John Jennings, Tetbury, past 2, London. --Edmund Butler, York-street, Middlesex Gloucestershire, linendraper, Nov. 8 at 11, Bristol, aud. ac. Hospital, and Gipsy-hill, Norwood, Nov. 9 at 12, London.---Hugh Henry Ross, Liverpool, draper, Oct. 29 at 11, Liver Robert Ewin, High-street, Islington, upholsterer, Nov. 15 at pool, aud. ac.- John Augustus Noel, South Shields, Durham, half-past 11, London.-George Gent, South-row, New-road, wine merchant, Nov. 6 at 12, Newcastle-upon-Tyne, aud. ac.; Middlesex, grocer, Nov. 9 at 1, London.

Josiah Overbury, Nov. 16 at 12, div.-Samuel Fenn and Joseph Fenn, Bir- Nind and Monk Mills,

Wootton-under-Edge, Gloucestershire, mingham, tailors, Nov. 2 at 1), Birmingham, aud. ac, - cloth manufacturer, Nov. 17 at 1, London. --Stephen Edward Briggs, Wm. Briggs, and Abraham Banks, Keighley, Yorkshire, machine makers, Nov. 13 at 1, Leeds, aud. sc. and div. Sherwood, Sellinge, near Canterbury, tailor, Nov. 17 at 2,

London.--Ambrose Eaton, Milk-street, Cheapside, ware-Joah Carver and W. Carver, Halifax, Yorkshire, machine houseman, Nov. 10 at 12, London.-James Lamb, Edward makers, Nov. 1 at 11, Leeds, aud. ac. - Wm. John Watson, Lewis, and William Thomas Allum, Wouldham, Kent, and Upper Holloway, builder, Nov. 12 at 2, London, div.-Thos. Kingsland-road, Middlesex, manufacturers, Nov. 9. at 2, Ledyard Evill and Thos. Dowglass, Vigo-street, cloth manu

London.-William Aaron Rogers, Sutton, Surrey, licensed facturers, Nov. 9 at half-past 11, London, div. joint and sep. victualler, Nov. 9 at half-past 1, London.- John Darson,

Samuel Wm. Partridge and Daniel Francis Okey, High-street, Shadwell, tobacconist, Nov. 10 at half-past 2, Paternoster-row, booksellers, Nov. 10 at i, London, div.joint London.—John Overbury, Frederick’s-place, Old Jewry, and sep. ests.- Wm. Scudds, Blackheath-park, Blackheath, woollen warehouseman, Nov. 10 at 2, London.-Sarah Kent, livery-stable keeper, Nov. 10 at half-past 1, London, Frampton, Wimborne Minster, Dorsetshire, butcher, Nov. 10 div.--Henry Lockey Edridge, Monmouth-road, Bayswater, at 12, London.- Thomas Barclay Armstrong, Mount-street, builder, Nov. 9 at half-past 1, London, div.- John Mitchell, Grosvenor-square, and Carpenter-street, Mount-street, GrosGreat Bourton, Oxfordshire, railway contractor, Nov. 10 at half-past 11, London, div.-Pemble Browne, Grosvenor. Thomas Scully and Edward Scully, Curtain-road, Shore

venor-square, fishmonger, Nov. 17 at half-past 1, London.street, Bond-street, and Charlton, Kent, wine merchant, Nov. ditch, wholesale cheesemongers, Nov. 9 at half-past 12, Lon10 at half-past 11, London, div.--Andrew Burn, Sackville. don. --Samuel Moses Lutinga and Noah Samuel Lotinga, street, Piccadilly, and Caroline-place, Pancras-vale, tailor, Newcastle-upon-Tyne and North Shields, merchants, Nov. 14 Nov. 10 at 12, London, div.-John Abraham Rippon, Lowth at 11, Newcastle-upon-Tyne.-Bright Eagland and William cottages, Wellington-road, Camberwell

, cigar manufacturer, Crampton, Bedford, near Leigh, Lancashire, cotton manufacNov. 10 at half-past 11, London, div.-Thos. Kerley Senior, turers, Nov. 13 at 12, Manchester.-- Richard Birtwistle, Itchen Ferry, Southampton, butcher, Nov. 10 at half-past 12, Bury, Lancashire, innkeeper, Nov. 14 at 12, Manchester.London, div.- Isaac Wm. Walton, Haymarket, hotel keeper, Thomas Banks, Bradford, Yorkshire, washing machine maker, Nov. 9 at 12, London, div.--- Antoni Porrer, Regent-street, Nov. 19 at 12, Leeds.--Henry Williamson, Leeds, cloth jeweller, Nov. 9 at 11, London, div.-Wm. George Brown, 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 edge-tool manufacturer, Nov. 10 at 12, Sheffield. nal-green, Nov. 9 at 2, London, div.--Wm. Epworth Tuke, 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, 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].

ests.

.

CONTENTS. London Gazettes..

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

413 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. By T. EDWARDS, Barrister at Law.

countant-General on the affidavit of one trustee only)..

974 Broughton o. Broughton.-(Costs— Trustee acting as h 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)

965

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)..

967

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 G. J. P. Smith and W. B. BRETT, Barristers at Law. By T. F. MORSE, Barrister 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--Privity of contract)... 971 Action by purchaser-Set-off-Action by assignees) 975 VICE-CHANCELLOR Wood's Coort.

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 o. 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 weight"-5 Geo. 4, c. 74-5 8. 6 Will. 4, c. 63). 982

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, bad 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 á witnesses on the ground 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 now 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 England, which the Abbé refused, but the witness was

evidence without accounting for the absence of the priprepared to give the contents from memory. The mary, a presumption of law arises that there is someplaintiff's counsel thereupon proposed to give secondary thing in the original document which makes against evidence of the contents of the letter, which was sup- you. The law, therefore, requires you to make all reaposed to contain an admission by the defendant that he sonable efforts to procure the original; but if

you

shew 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 criminate him. The judge asked from the party interrogated, and not from his attorney.

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