« AnteriorContinuar »
ARCHBOLD'S (J. F.) PRACTICE of the Court of MRRHODGSON will SELL by AUCTION, at his New
JARMAN'S NEW CHANCERY PRACTICE. Second
CHITTY'S ARCHBOLD'S QUEEN'S BENCH PRACTICE.
Rooms, the corner of Fleet-street and Chancery-lane, on WEDQUEEN'S BENCH in PERSONAL ACTIONS and EJECT- X'ESDAY, November 7, at half-past 12, the LAW LIBRARIES of two MENT, including the Practice of the Courts of Common Pleas and Ex- | Barristers, retired from the Profession, comprising Runnington's Stachequer. By THOMAS CHITTY, Esq. The Ninth Edition. By tutes at Large, with Continuation to the 14 & 15 Vict., 35 vols. 4to.; SAMUEL PRENTICE, Esq., Barrister at Law. In two thick vols. Cases in the House of Lords, 1726 to 1812, 24 vols. folio; Harrison's royal 12mo., price 21. 83. cloth boards.
Digest, 1756 to 1843, 4 vols., two copies; Bythewood & Jarman's ConLondon: H. Sweet, 3, Chancery-lane; V. & R. Stevens & G. S. Norton, veyancing, by Geo. Sweet, 9 vols., Martin's Conveyancing, 5 vols.; 26, Bell-yard.
Chitty's Collection of Statutes, by Welsby & Beavan, 3 vols.; and numeThe Publishers beg to assure the Profession that the Second rous other modern Text-books. Also a Series of the Reports in the Volume of Chitty's Archbold's Practice will be ready for delivery (to all Courts of Chancery, Exchequer, Nisi Prius, Queen's Bench, &c. The who may have purchased the first) before the end of this year, and whole in excellent condition. without further charge. The progress already made in the printing
May be viewed, and Catalogues had. enables them to promise this with confidence.
BILLS OP EXCHANGE ACT, 1835. Also in the press, and nearly ready, CHITTY'S FORMS of PRACTICAL PROCEEDINGS WRIT of SUMMONS, APPEARANCE, and JUDGin the COURTS of QUEEN'S BENCH, COMMON PLEAS, and EX
MENT PAPER; also a variety of Common-law, Chancery, CHEQUER, adapted to the Common-law Procedure Acts of 1852 and
Conveyancing, and other Forms, general and special.
London: J. Sullivan, 22, Chancery-lane.
In 1 vol. 12mo., price 188. cloth,
Edition, considerably enlarged and extended, so as to form a
the various proceedings in a suit now requisite to be taken under the Butterworths, 7, Fleet-street.
W. Maxwell; S. Sweet; and Stevens & Norton, Law Booksellers and
THE PRACTICAL STATUTES of 1855: with Notes
and a copious Index, in a compact size, for the bag or pocket. 3. The Minister of Justice-The Sine quâ pon of Law Amendment. 4. The History of the Law Amendment Society.
By W. PATERSON, Esq., Barrister at Law. Price 108. 6d. cloth. The 5. Barclay's Digest of the Law of Scotland.
Volumes of 1849 and 1851 to 1854 may still be had. 6. Statute-law Commission.
The LAW and PRACTICE of LIMITED LIABILITY; 7. Extract of Letter from Lord Brougham to the Earl of Radnor.
with all the Statutes and Instructions for Forming and Conducting Com8. On the Laws relating to Women.
panies. By E. W. COX, Esq., Barrister at Law. Price 8s. 6d. cloth. 9. History of Jurisprudence-The Italian School, No. 12: Filangieri, BEAUMONT'S LAW and PRACTICE of BILLS of (concluded).
SALE; with many Precedents. Price 6s. 6d. cloth. 10. Mettray and M. Demetz in England.
SAUNDERS'S NEW PRACTICE of MAGISTRATES' 11. Principles of Jurisprudence.
COURTS at PETTY SESSIONS, SPECIAL SESSIONS, and 12. Local Government: Metropolitan Board of Works.
QUARTER SESSIONS. Price 9s. 6d. cloth. 13. International Commercial Law. 14. Hon. Mrs. Norton's Letter to the Queen.
SAUNDERS'S NEW NUISANCES ACTS and OR15. Poreign Exiles: Refugees in England.
DERS. Price 4s. 6d. cloth. Adjudged Points at Law and in Equity.
Sent by post to any person inclosing the price in postage or receipt Postscript.
stamps to the Law Times Office, 29, Essex-street. Stevens & Norton, Bell yard.
COUNTY SURREY.-APPLICATIONS to PAR.
LIAMENT.-The Printer of THE SURREY HERALD begs prudence and Legal Education.- No. 109, for November, is this Agents to his Journal for Advertisements of Applications to Parliament day published, price 58. CONTENTS.-I. Limited Liability.-II. On for the County of Surrey. It is a Surrey County Paper of seventy the Competency of Loan Contractors to sit in Parliament.-III. Some years' standing, published at uildford, and in fuli ac ance with the Remarks on the Writ of Habeas Corpus ad Subjiciendum, and the standing Orders.-London Office for Proofs, 20, Warwick-square, City. Practice connected therewith.-IV. Personal Protection acquired through Parliamentary Career.vi. The statute-law Commission! its presend ALBERT LIFE ASSURANCE COMPANY.
Principal Office, 11, Waterloo-place, Pall-mall, London.
Assurances, Annuities, and Endowments granted, and every other Quarter.-List of New Publications, &c.
mode of provision for families arranged.
Half the annual premiums for the first five years may remain on London: Butterworths, 7, Fleet-street, her Majesty's Law Publishers.
credit for any period until death, on payment of interest at 5l. per cent.
per annum. Just published, (Ninth Year),
Partics allowed to go to, or reside in, most parts of the world without
extra premium. containing a Law Calendar for the Year; a Retrospective Calendar Naval and military lives, not in active service, assured at the ordinary for Pour previous Years; Tables shewing the Sittings of the Courts in and out of Term; Rules as to Time, and Tables shewing the Tiine for Policies forfeited by non-payment of premium revivable at any time taking Steps in Suits in Law, Equity, and Bankruptcy; List of the within six months, on satisfactory proof of health, and the payment of a Officers of the Courts, their Hours and Holidays; Rules and Tables of trifling fine. Costs and Fees in Common Law, Chancery, and Bankruptcy; Recent
Policies on the life of another secured, notwithstanding the part of the Cases as to Practice; a variety of useful Forms in Legal Proceedings, world to which the assured
may go. Affidavits, Attesting Notices, &c.; Form of Affidavit for taking Ac
HENRY WILLIAM SMITH, Actuary and Secretary. knowledgments of Married Women; Tables of Stamp Duties; Tables for computing Costs, calculating Discount, Interest, &c.; Rules for the CAUTION...TO TRADESMEN, MERCHANTS,
SHIPPERS, OUTFITTERS, &c. 1 Geo. 4 to last Session. To which are added, a LONDON and PRO- WHEREAS it has lately come to my knowledge that some unprincipled VINCIAL LAW DIRECTORY and a DIARY for 1856, for Memo- person or persons have for some time past been imposing upon the randa as to Legal Business, &c. By W. F. FINLASON, Esq., of the public, by selling to the Trade and others a spurious article under the Middle Temple, Barrister at Law, Editor of "The Common-law Pro- name of BOND'S PERMANENT MARKING INK; this is to give cedure Acts," &c.
Notice, that I am the original and sole Proprietor and Manufacturer of The Work is printed in a neat and convenient size, bound in cloth, the said Article, and do not employ any traveller, or authorise any perand may be had, as below, at the following prices:
son to represent themselves as coming from my establishment, for the
purpose of selling the said Ink. This Caution is published by me to No. J. Plain, two days on a page.
5. 0 prevent further impositions upon the public, and serious injury to 2. Plain, two days on a page, interleaved for Attendances... 7 0 myself. 3. Ruled with faint lines, and money columns, two days on a
E. R. BOND, Sole Executrix and Widow of the late John Bond, page.
5 6 28, Long-lane, West Smithfield, London. 4. Ruled with faint lines, and money columns, two days on a
To avoid disappointment front the substitution of counterfeits, page, interleaved for Attendances
8 0 be careful to ask for the genuine Bond's Permanent Marking Ink; and 5. Whole page for each day, plain
7 6 further to distinguish it, observe that NO SIXPENNY SIZE is or has 6. Whole page for each day, plain, interleaved for Attendances 96 at any time been prepared by him, the Inventor and Proprietor. 7. Whole page for each day, ruled with faint lines, and money columns.
8 6 Printed by HENRY HANSARD, at his Printing Office, in Parket 8. Whole page for each day, ruled with saint lines, and money Street, in the Parish of St. Giles-in-the-Fields, in the County of Midcolumns, and interleaved for Attendances.
10 6 dlesex; and Published at No.3, CHANCERY LANE, in the Parish of 9. The Lawyer's Companion, separately...
4 0 St. Dunstan in the West, in the City of London, by HENRY SWEET, London: Stevens & Norton, Law Booksellers and Publishers, 26, Bell: residing at No. 34, Porchester Terrace, Bayswater, in the County of yard, Lincola's-inn.
Middlesex.-Saturday, November 3, 1855.
No. 44, NEW SERIES.-Vol. I.
NOVEMBER 10, 1855.
LONDON AND WESTMINSTER BANK.
PAID-UP CAPITAL, £1,000,000.
THE RIGHT HON. THE LORD MAYOR.
THOMAS FARNCOMB, Esq., Ald.
CHARLES GIBBES, Esq.
WILLIAM HAIGH, Esq.
GEORGE HANSON, Esq.
JOHN LEWIS RICARDO, Esq., M.P.
JOHN STEWART, Esq.
JOSHUA WALKER, Esq.
W. T. HENDERSON, Manager: WESTMINSTER BRANCH..
1, St. James's-square..
J. W. WELDOX, Manager. BLOOMSBURY BRANCH .214, High Holborn
WILLIAM Ewings, Manager. SOUTHWARK BRANCH..
3, Wellington-street, Borough
EDWARD KINGSFORD, Manager. EASTERN BRANCH.. 87, High-street, Whitechapel
W. D. ASPERNE, Manager. ST. MARYLEBONE BRANCH. 4, Stratford-place, Oxford-street..
G. M. MITCHELL, Manager. TEMPLE BAR BRANCH .217, Strand
CHARLES WARD, Manager. Current Accounts are received on the same principles as those observed by the London Bankers. No Christmas Boxes or other gratuities are allowed to be taken by the Officers of the Bank. The Bank also takes the Agency of Joint-stock Banks, Private Bankers, and other parties residing at a distance. Cheques on Penny Stamps may be drawn from any place in the United Kingdom.
Strong Rooms are provided for the security of Deeds and other property lodged by the Customers of the Bank.
Sums from 101. to 10001. are received on Deposit, at a rate of interest to be fixed at the time, and they are repayable upon demand, without notice. If withdrawn within a month no interest is allowed.
Sums of 10007. and upwards are also received on Deposit Receipts, upon such terms as may be agreed upon, with regard to the rate of interest, and the time of repayment. Parties may lodge money upon an interest Account who have no Current Account, and those who have Current Accounts may transfer any portion of their Balance to an Interest Account. The Rate of Interest allowed at present on Deposits of 5001. and upwards is Five per
Cent. London, Nov. 9, 1855.
J. W. GILBART, General Manager.
TO a KAY & JOHNSON'S REPORT S.
Man, who has been Clerk to a Chancery Barrister for several This day is published, Vol. 1, part 5, price 108. 6d., bringing the years, a similar SITUATION. The most respectable references can be cases down to the end of LAST TERM. given. Address, Y. Z., Messrs. Davis & Son, Law Booksellers, 57, Carey
W. Maxwell, 32, Bell-yard, Lincoln's-inn. street, Lincoln's-inn.
Just published, in 1 vol. 12mo., price 11. cloth, LAW:-WANTED, byna respectable young Man, who S HE L FOR D'S BAN K R U P T L AW. writes a good hand, a SITUATION as COPYING CLERK, (at a
Second Edition. moderate salary), either in a Barrister's or Solicitor's office. Address,
W. Maxwell, 32, Bell-yard, Lincoln's-inn. A. B., Mr. Parsons, 3, Bute-street, Old Brompton.
SMITH'S (JOHN WM.) LAW OF LANDLORD AND TENANT. LAW-The Advertiser, who has been some years in a Soli
Just published, in 8vo., price 148. cloth, citor's Office, and is competent to conduct the Conveyancing THE LAW Of LANDLORD and TENANT : being a Business under the superintendence of the principal, wishes for a SITUATION. Salary moderate, and references unexceptionable. Ad- SMITH, Esq., Author of “A Selection of Leading Cases," &c. With dress, H. D., care of Messrs. Maud & Smith, Law Stationers, 61, Chan- Notes and Additions, by FREDERIC PHILIP MAUDE, Esq., Barcery-lane.
rister at Law.
“ With this long commentary, suggested by the peculiar features of LUSH'S COMMON-LAW PRACTICE, by STEPHEN, this volume, but of general application, we close it with a hearty comin one very thick volume, 8vo., price 21. 28., will be ready for deli
mendation of its contents to the perusal of all students and of all practivery on MONDAY NEXT, the 12th inst.
tioners who do not feel themselves to possess a sufficient mastery of Butterworths, 7, Fleet-street, her Majesty's Law Publishers.
the principles of the Law of Landlord and Tenant, and of the broad outTAYLOR'S LAW OF EVIDENCE. – SECOND Edition. lines of its practice."-Law Times. Just published, in 2 vols. royal 8vo., price 21. 163. cloth,
“The volume before
us will be found fully to sustain the great reA TREATISE on the LAW of EVİDENCE, as adminis. putation of its deceased author; and as regards the notes and references tered in England and Ireland; with illustrations from the Ame.
contained in it, which have been respectively prepared and selected rican and other Foreign Laws. By JOHN PITT TAYLOR, Esq., of
with much care and discernment, to confer very considerable credit on the Middle Temple, Barrister at Law.
its learned editor."-Law Magazine. W Maxwell, 32, Bell-yard, Lincoln's-inn.
W. Maxwell, 32, Bell-yard, Lincoln's-inn. Just published, Vol. 1, royal 8vo., price 11. 88., (to be completed
Just published, in 1 vol. 12mo., price 108. Od. cloth, in 4 vols.),
THE NEW COMMON-LAW PROCEDURE, founded DAVIDSON’S PRECEDENTS in CONVEYANCING. on the Acts of 1852 and 1854; including the New Rules on Prac
Second Edition.--PRECEDENTS and FORMS in CONVEY. tice and Pleading, with Notes of Cases decided thereon, Forms, Tables, ANCING. With an Introduction and Practical Notes. By CHARLES
and Index. By PHILIP FRANCIS, of the Middle Temple, Esq., DAVIDSON and THOMAS COOKE WRIGHT, Esqrs., Barristers
Barrister at Law. at Law.
W. Maxwell, 32, Bell-yard, Lincoln's-inn.
Just published, in 1 vol. 12 mo., price 1s. 6d.,
WILLSS VESTRYMAN'S GUIDE.A Treatise on the
Powers and Duties of Parish Vestries in Ecclesiastical Matters; THE LAWS relating to BURIALS in ENGLAND and being a Vestryman's Guide. By ALFRED WILLS, Esq., Barrister
at Law. Esq., of the Inner Temple, Barrister at Law, of the Burial Acts Office.
W. Maxwell, 32, Bell-yard, Lincoln's-inn.
Just published, in 1 vol. post 8vo., price 188. cloth,
LACKSTONE'S COMMENTARIES, systematically In 1 vol. 12mo., price 78. cloth, Fourth Edition,
Abridged, and adapted to the existing State of the Law. By they affect Real Property. By PRIDEAUX,
one of her Majesty's Esq., of Lincoln's-inn, Barrister at Law.
William Maxwell, 32, Bell-yard, Lincoln's-inn; William Blackwood W. Maxwell, 32, Bell-yard, Lincoln's-inn.
& Sons, Edinburgh; and Hodges & Smith, Dublin. No. 44, Vol. I., New Series.
THE the Weco JAV POGOMENTS and DEROWNRDERTS, SAMUEL CARREN Peterse Incetu Temple, Esq., D.C.L., Recorder
To be allowed, unless Cause be shewn to the contrary on or
before the Day of Meeting. BANKRUPTS.
Wm. Trego, Gunter's-grove, West Brompton, and MoorePHINEAS COHEN, Artillery-passage, Spitalfields, dealer London.-Joseph Player, Winchester-buildings, Broad-street,
park-terrace, King's-road, Fulham, builder, Nov. 20 at I, and chapman, Nov. 16 and Dec. at i, London: Off
. mining agent, Nov. 22 at 11, London.—John Jennings, TetAss. Stansfeld; Sol. Buchanan, 1, Guildhall-chambers, Ba. bury, Gloucestershire, linendraper, Nov. 20 at 11, Bristol.singhall-street.-Pet. f. Nov. 1.
John Augustus Noel, South Shields, wine merchant, Nov. 29 RICHARD GOODHIND, Ludgate-hill and Crown-court, at 12, Newcastle-upon-Tyne.--Solomon Clegg and James Fox,
Cheapside ; Tichborne-street, Haymarket ; and Manchester, Newcastle-upon-Tyne, woollen manufacturers, Nov. 27 at half. dealer and chapman, Nov. 16 at 11, and Dec. 13 at 12, past 11, Newcastle-upon-Tyne.- Matthew Lichegary DunsLondon: Off. Ass. Bell; Sols. Sole & Co., Aldermanbury. Ford, Exeter, cutler, Nov. 21 at 11, Exeter.-John Steele, -Pet. f. Oct. 31.
Manchester, manufacturer, Nov. 23 at 12, Manchester.DOMENICO TOMASSINI, Tottenham-court-road, dealer Lloyd Bayley and Samuel Millner Barton, Manchester,
and chapman, Nov. 12 at 11, and Dec. 10 at 12, London : smallware manufacturers, Nov. 22 at 12, Manchester.-Lewis Off. Ass. Bell; Sol. Roscoe, 14, King-street, Finsbury. - Henry Meakin and John Farrall, Shelton, Stoke-upon-Trent,
Pet. f. Oct. 29. WILLIAM LEDGER, Doncaster, dealer and chapman, 10, Birmingham.-A. S. Hodges, Glastonbury, Somersetshire,
Staffordshire, earthenware manufacturers, Nov. 26 at half-past Nov. 17 and Dec. 15 at 12, Sheffield : Off. Ass. Brewin; photographer, Nov. 27 at 11, Bristol.—John Crippin, Rock Sols. Stamp & Jackson, Hull.- Pet. d. Oct. 23. THOMAS HUNTER, Liverpool, dealer and chapman, Nov. Ferry, Cheshire, and Liverpool, ferry proprietor, Nov. 26 at
11, Liverpool. -John Burton Rhodes, Wakefield, Yorkshire, 19 and Dec. 10 at 11, Liverpool : Off. Ass. Cazenove; Sol. shoemaker, Nov. 23 at 11, Leeds. Wm. Holmes, Wilsden,
Banner, Liverpool.-Pet. f. Oct. 29. WILLIAM CUMMING, Newcastle-upon-Type, whitesmith, John Henry Mills, Horton, Bradford, Yorkshire, stuff mer
Bradford, Yorkshire, worsted spinner, Nov. 26 at 11, Leeds. Nov. 13 at 11, and Dec. 14 at 12, Newcastle-upon-Tyne : chant, Nov. 23 at 11, Sheffield.—Samuel Wilkinson, BradOff. Ass. Baker; Sols. Chartres, Newcastle-upon-Tyne; ford, Yorkshire, machine maker, Nov. 23 at 11, Leeds.-W. Shield & Harwood, 10, Clement's-lane, Lombard-street.
Jamieson Anson, Leeds, cloth merchant, Nov. 23 at 11, Leeds. Pet. f. Oct. 29. JOHN JAUNCEY RANDLE, Walsall, Staffordshire, li- Nov. 24 at 12, Sheffield. Thomas Hemingsley, Willenball,
-Wm. Leedham and Wm. Alfred Wild, Sheffield, opticians, censed victualler, Nov. 14 and Dec. 5 at half-past 10, Bir Staffordshire, cut-nail manufacturer, Nor. 26 at half-past 10, mingham : Off. Ass. Whitmore; Sols. Saunders & Son,
Birmingham. Kidderminster; Motteram & Knight, Birmingham.-Pet. d. Nov. 1.
To be granted, unless an Appeal be duly entered. JOHN PLUMBE, Southport, Lancashire, dealer and chap
Henry K. Furnell and Albert Kahl, Fenchurch-street, in. man, Nov. 19 and Dec. 10 at 11, Liverpool: Off. Ass. warehouseman. - Alfred Gibson, Great St. Helens, London,
surance brokers.-William C. Goode, High-street, Borough, Morgan; Sols. Johnson, Southport and Ormskirk; Frod. sham, Liverpool.-Pet. f. Oct. 29.
shipbroker.-Robert Gof, New London-street, merchant
Raffaelle Monti, Great Marlborough-street, and Princess. MEETINGS.
street, Hanover-square, sculptor.-Malcolm Inglis and Eyton George Prince and James Prince, Regent-street, and Carl. Bond, Old Broad-street, merchants. — James Burford the ton-street, Regent-street, wine merchants, Nov. 14 at 1, Lon elder and James Burford the younger, St. Neot's, Huntingdon, last ex. - Thomas Routledge and Joseph Routledge, Lett's donshire, builders.-
John Grover, Strand, envelope maker. Wharf, Commercial-road, Lambeth, saw mills proprietors,
Charles Horsnell, Chelmsford, ironmonger.-T. Hutchins, Nov. 15 11, London, aud. ac. joint est., and aud. ac. sep.
Hungerford, Berkshire, butcher.- Thomas Philps, Greenest. of Thomas Routledge.--William Hart, Old-street, st. lanes, Highbury park, carpenter.—Edward Hall, Greenwich,
Leicester Luke's, licensed victualler, Nov. 20 at half-past 12, Lon licensed victualler.-Wm. Smith, Princes-street, don, aud. ac. – John Deane, Liverpool, chemist, Nov. 13 square, engineer.-Frederick Hellyer, New Brompton, near at 11, Liverpool, aud. ac.- - Andrew Dempster, Liverpool, Chatham, Kent, wood carver.- -Samuel Manning, Cornwall. stonemason, Nov. 16 at 11, Liverpool, aud. ac. Francis road, Hammersmith, builder.-Wm. Tyree, Blackfriars-road, Lloyd Bayley and Samuel Milner Barton, Manchester, shoe manufacturer.-Louis Ahlborn, Liverpool, toy dealer.smallware manufacturers, Nov. 23 at 12, Manchester, aud! Wm. Backhouse, Latham, Lancasbire, timber dealer. ac. ; Nov. 30 at 12, div. · Thomas Deans, Blackburn, Lancashire, draper, Nov. 16 at 12, Manchester, aud. ac.;
TUESDAY, Nov. 6. Nov. 23 at 12, div.-Martin Brown and Robert Ingham,
BANKRUPTS. Rawtenstall, Lancashire, power-loom cloth manufacturers, EBENEZER TEARLE and MATTHEW CHOPPING, Nov. 13 at 12, Manchester, aud. ac.-David Ainsworth, Larkhall Brewery, Larkhall-lane, Clapham, brewers, Nov. Manchester, warehouseman, Nov. 14 at 12, Manchester, aud. 14 at half-past 1, and Dec. 22 at 12, London : Off. Ass. ac.--James Ogle Holmes, Sunderland, and Young Lowson Cannan; Sols. Linklaters & Hackwood, 17, Sise-lane, Marshall, Roker, Durham, timber merchants, Nov. 23 at Bucklersbury.--Pet. f. Nov. 5. half-past 11, Newcastle-upon-Tyne, aud. ac., and Nov. 28 at CHARLES GEARY, Shoreditch, dealer and chapman, Nor. half-past 12, div. sep. est. of Young Lowson Marshall.-T. 14 and Dec. 21 at half-past 12, London: Off. Ass. WhitFiddes Meyrick, Wolverhampton, commission agent, Nov. 12 more; Sols. Ashurst & Co., 6, Old Jewry. - Pet. f. at half-past 10, Birmingham, aud. ac.—Thomas Edwards, Nov. 2. Shrewsbury, builder, Nov. 12 at half-past 10, Birmingham, WILLIAM SMITH HICKMAN, Susses-chambers, Duke. aud. ac.—John Fell and John Learoyd, Huddersfield, York- street, St. James's, dealer and chapman, Nov. 16 at 12, shire, woollen manufacturers, Nov. 15 at 11, Leeds, aud. ac. and Dec. 13 at 1, London: Off. Ass. Johnson ; Sols. Mar. joint est., and aud. ac. sep. est. of John Learoyd.-William ten & Co., Commercial-chambers, Mincing-lane.-Pet. f. Jennings, Bradford, Yorkshire, linendraper, Nov. 15 at 11, Oct. 25. Leeds, aud. ac.-Fred. Dimsdale, King's Arms-yard, Cole- EDWIN HENRY SPARK, High-street, Islington, dealer man-street, dealer in iron, Nov. 23 at 1, London, div.-R. and chapman, Nov. 16 at half-past 12, and Dec. 13 at 2, Goodacre, Nottingham, grocer, Nov. 27 at half-past 10, Not. London: Off. Ass. Johnson ; Sols. Mason & Sturt, 7, tingham, aud. ac. and div.-Thomas Freer, Leicester, wine Gresbam-street.-Pet. f. Oct. 30. merchant, Nov. 27 at half-past 10, Nottingham, aud. ac. and ROBERT JOHN WARD, Croydon, common brewer, Nor. div.-William Brodrick Mitcalfe, Taunton-place, Regent's. 13 at 1, and Dec. 11 at 12, London : Off. Ass. Graham; park, dealer in mining shares, Nov. 23 at 11, London, div.- Sols. Russell & Burgon, 23, Martin's-lane, Cannon-street. Clifford Firth and John Archer, Liverpool, brokers, Nov. 21 Pet, f. Oct. 29. at 11, Liverpool, div. sep. est. of John Archer, (not div. joint THOMAS LEWIS, Bath, builder, Nov. 20 and Dec. 18 at est., as advertised in last Tuesday's Gazette).-Wm. Broad. 11, Bristol: Off. Ass. Acraman; Sols. Messrs. Cruttwell, hurst and William Marshall Broadhurst, Sheffield, table- Bath ; Bevan & Girling, Bristol.-Pet. f. Oct. 29. knife manufacturers, Nov. 24 at 12, Sheffield, div.
[For continuation of Gazette, see p. 441]. 2
CONTENTS. London Gazettes..
436 ceedings and award in former action by tenant of Leading Article
plaintiff - Allegation of ownership of plaintif).. 1015 Notes of the Week..
439 Reg. v. The Justices of Ely:-(Alehouse licensePublic Examination of Students
439 Appeal- Order to pay costs-9 Geo. 4. c. 61, Business of the Courts
439 8. 27-12 & 13 Vict. c. 45, s. 18-Estreat of reEcclesiastical Courts-Michaelmas Term Sittings 439 cognisances by subsequent sessions —3 Geo. 4, Frauds by Bankers .... 439 C. 46, 8. 2)
1017 NAMES OF THE CASES REPORTED.
May v. Footner.-(Declaration in trespass—Power
to amend form of action-Common-law ProceROLLS COURT. dure Act, 17 & 18 Vict. c. 125, s. 96)..
1019 By G. Y. ROBSON, Barrister at Law. Worthington o. Wiginton.-(Will-Election) 1005
COURT OF Common Pleas.
By W. Paterson and W. Mills, Barristers at Lay.
Briant o. Pilcher.-(Landlord and tenant - Indem
nity by mesne landlord against rent payable to Saunders v. Saunders.---(Parties-Witness)........ 1008
superior landlord-Payment of rent by sub-lessee VICE-CHANCELLOR STUART'S COURT.
not a condition precedent)..
1020 By T. F. MORSE, Barrister at Law.
Barrick o. Buba.- (Commission to examine witnesses Alston o. The Eastern Counties Railway Company.
1020 (Railway company-Lands Clauses Consolidation Wilde v. Waters.-(Trover for fixtures-Incoming Act-Possession by company under sect. 85-NO
and outgoing tenant)..
1021 tice-- Title)..
1009 Knight o. Pocock.-(Practice-Summary Procedure Fisher v. Moore. - (Will - Construction Time of
on Bills of Exchange Act, 1855, (18 & 19 Vict. vesting-"Survivors'')...
1011 c. 67, ss. 1, 7)-Amendment of indorsement on In re The Lincoln Primitive Methodist Chapel, and
writ—15 8.16 Vict. c. 76, 3. 20)...
1022 in re The Charitable Trusts Act, 1853, and the
EXCHEQUER CHAMBER. Trustee Act, 1850.-(Charity--Trustees, appoint
By H. MACNAMARA and G. FRANCIS, Barristers at Law. ment of new-Charitable Trusts Act, 1853– Trustee Act, 1850—Sir S. Romilly's Act-Vest
Rees v. Watts.-(Set-off-Mutual debts--Adminising order)
trator- 2 Geo. 2, c. 22)
COURT OF EXCHEQUER.
By W. M. Best, Barrister at Law.
17 Vict. c. 107, 8. 263– Information-Costs of - Omission in the book of reference) ... 1012 Crown)
1024 Wright v. Lord Maidstone.-(Instrument lost or de
Eames v. Smith.-(17 418 Vict. c. 125, 8. 31-Instroyed-Demurrer). 1013 sufficient stamp-New trial)
1025 Manby o. Bewicke.—(Security for costs)..
ADMIRALTY PRIZE COURT.
By J. P. Deane, D.C.L.
minent, and the title of vendor not absolutely fishery-Action by reversioner - Evidence- Pro
Co., and payable to one Needham, and by him indorsed
to Taylor, who indorsed it to the plaintiff. The deLONDON, NOVEMBER 10, 1855.
fendants pleaded that they and Needham had entered
into certain bets upon the amount of hop duty that It is a matter of no small importance to a commer- would be payable in 1854, and that the bill was given cial community that the rules of law which govern for the balance of money due upon such bets, and that mercantile transactions should be founded on principles the indorsees respectively had notice of the premises, at once reasonable and intelligible. To no part of our and that there was no value or consideration for the mercantile law does this remark apply with greater note. At the trial of the cause, Coleridge, J., told the force than that which relates to the transfer of jury that it was necessary for the defendants to estanegotiable instruments *. It is obvious that the busi-blish either one of three propositions—first, that the ness of our merchants and traders would be most seri- plaintiff had notice of the origin of the note when he ously impeded if it were necessary for them, pre- took it; or, secondly, that the plaintiff gave no value viously to taking bills of exchange or promissory notes, for the indorsement; or, thirdly, that the note was to make inquiries as to the consideration which had overdue when he took it. No evidence was given passed between prior parties whose names might ap- 1 by the defendants to establish any of these facts, and pear upon them. The law, therefore, primâ facie pre- the jury found a verdict for the plaintiff. A rule was sumes that a bill or note is given on a sufficient con- afterwards obtained for a new trial, on the ground that sideration. This presumption, however, may be re- the judge had misdirected the jury as to the onus of butted, but the onus of proving a want of consideration, proof. The Court ruled that there had been no misas a general rule, lies on him who impugns it. An direction; and Lord Campbell, C. J., in giving judgillustration of the exceptions to this rule is afforded by ment as to whether, in cases of this kind, it lies upon the recent case of Fitch v. Jones, (1 Jur., N. S., part 1, the plaintiff or the defendant to give evidence of value, R: 854; 24 L. J., Q. B., 293). In that case an action said, “ This depends upon whether there is a presumpwas brought on a promissory note drawn by Jones & tion of law that there was no consideration, which the
* Mr. Serjeant Byles, in his excellent work on Bills of plaintiff is bound to rebut. Where fraud or illegality Exchange, (6th ed., p. xii), calculates the value of bills and is established there is such a presumption, because in notes stamped in a single year in this country at 300,000,0001. such cases the law supposes that the original party,
not being able to sue upon the instrument himself, has of the bill to his own use. When these facts had been handed it over to another to sue upon it for his benefit. proved on behalf of the defendant, the plaintiff's counsel This presumption so raised by the law must be rebutted contended that he was entitled to the verdict, as it had by the holder shewing affirmatively that he gave value. not been proved that Chandler had indorsed the bill It is not quite correct to say that the onus of proving without value, or that the bill had been obtained from value is cast upon the plaintiff; but the plaintiff, being the defendant by fraud. Wightman, J., however, was presumed to stand in the shoes of the party from whom of opinion that enough had been shewn to cast upon the he took the instrument, and to be his agent for the pur- plaintiff the onus of proving that he had given value pose of carrying out the fraudulent or illegal intention, for the bill, in order to entitle him to a verdict. The is bound to get rid of that presumption. But where plaintiff then called a witness, who proved that he there is a mere absence of consideration, no such pre- gave Chandler 431. for the bill, and that the plaintiff sumption arises, and therefore there is no occasion for indorsed away the bill, and about a week before it the plaintiff tó rebut it.” And Erle, J., said, “It is became due he asked the defendant whether he would perfectly clear, that, as a general rule, all affirmative be prepared to take it up; and the plaintiff then for the pleas by way of excuse by a party primâ facie liable first time heard from the defendant that he had been upon a promissory note must be proved by him; and swindled out of it, and would not pay it. The jury on this is in terms an affirmative plea. An exception this evidence found that the plaintiff had given no bonâ exists in a class of pleas of considerable importance, fide value for the bill. The Court above held that Wightwhere it is alleged against the holder of a negotiable man, J., was right in ruling that it lay with the plaintiff instrument that it is founded on illegality, and that to prove that he had given value for the bill after the he took it without consideration. If the illegality is defendant had established, that contrary to good faith proved, it raises a presumption that the holder took Chandler had indorsed it away. Lord Campbell, C. J., the instrument without value, and so the burthen of in delivering the judgment of the Court, said, “ Since proving value is cast upon the plaintiff, so far as this, the New Rules the judges have, with entire approbathat it no evidence be given on either side, the pre- tion, directed juries, that where the bill was illegal in sumption that he took it without value prevails
. It is its inception, or where the immediate indorser to the therefore the plaintiff's duty to give evidence of his plaintiff obtained possession of it by fraud, the want of having paid value.” The learned judge continued, consideration as between him and the plaintiff may be “ A party, without violating the common law, may presumed.” In Harvey v. Towers (6 Exch. 656) it make such a wager, and may pay the money if he lose appeared that the defendant had accepted a bill in pay; it; and if, instead of paying the bet, he gives a note ment of some mining shares which he had been induced promising to pay at a future date, he still violates no to purchase through the representation of the drawer, statute. I think that the effect of this plea is, that and evidence was adduced to shew that the shares were the maker gave this note to the payee without any worthless and the transaction fraudulent. Upon this consideration whatever, and therefore that it is not evidence, the defendant submitted that the onus of tainted with illegality or fraud.”
proving that there was a consideration for the bill lay The law, as it at present stands, was first so esta- upon the plaintiff. The judge, however, expressed an blislied in Bailey v. Bidwell, (13 M. & W. 73). In opinion that proof of fraud did not cast upon the that case the plaintiff, who was the indorsee of a pro- plaintiff the burthen of proving consideration, inasmissory note, brought his action upon it, and it ap- much as the affirmative of the issue was on the defendpeared at the trial that the note had been given by the ant; but the Court of Exchequer, on motion for a defendant to one Bailey consideration of his not new trial or to enter a nonsuit, held that the learned opposing a petition which the defendant had presented judge who presided at the trial was mistaken, and to the Court of Bankruptcy under the 5 & 6 Vict. directed a nonsuit to be entered. Pollock, C, B., in c. 116. On behalf of the defendant the proceedings in giving judgment, says, “ I agree with what Lord the Bankruptcy Court were put in, and Parke, B., Campbell said in Smith v. Braine, that no principle ruled, that as the defendant had established that the can be extracted from the cases on this subject before note was illegal in its inception, the plaintiff was the New Rules. But it is now settled, that if a bill be bound to prove consideration. On a motion to review founded in illegality or fraud, or has been the subject his Lordship's ruling, the Court held that it was cor- of felony or fraud, upon that being proved the holder rect. Parke, B., there says, “It certainly has been, is compelled to shew that he gave value for it. That since the later cases, the universal understanding, that was established in Bailey v. Bidwell; and subseif the note were proved to have been obtained by quently by the Court of Queen's Bench in Smith fraud, or affected by illegality, that afforded a presump- v. Braine, in a considered judgment. It has been tion that the person who had been guilty of the ille contended, that, as a matter of pleading, that view gality would dispose of it, and would place it in the cannot be supported. I think, however, that as a hands of another person to sue upon it, and that such plea must contain everything necessary to constitute proof casts upon the plaintiff the burthen of shewing a good defence, and as the mere fact of fraud would that he was a bonâ fide indorsee for value. That has been not afford any defence unless the holder took the bill .considered in later times as settled; and that being so, it without value, it was incumbent on the defendant to was perfectly right in this case to cast upon the plain- allege that fact in his plea; and the question is, on tiff the burthen of proving that he gave value for the whom is cast the onus of proving it?" It follows, note.". This last-cited case is an example of a bill therefore, from the recent decisions, that where the being illegal in its inception. The two following cases defendant establishes the fact that the bill has been are instances in which the bill was tainted with fraud. affected by illegality or fraud in its inception, or has In Smith v. Braine (16 Q. B. 244) the plaintiff, as in- been the subject of felony, or has been lost, it lies on dorsee, brought an action against the acceptor of a bill; the holder to shew that he gave a bona fide consideraand it appeared at the trial that the defendant's mother tion for it. It appears also that the cases of Paterson had drawn the bill for the defendant's accommodation, v. Hardacre, (4 Taunt. 114); Hungate v. Brown, (1 and indorsed it in blank; that the bill was delivered to Moo. & R. 445); Brown v. Philpot, (2 Moo. & R. one Morton for the purpose of getting it discounted; 285); and the other cases decided before the New Rules, that Morton delivered it to one Chandler for the same cannot now be considered as law*. purpose; and that Chandler promised to pay the * In Paterson v. Hardacre, Lord Mansfield, C. J., held, amount of the bill to Morton, less 5l., which he was to that whenever a defendant meant to avail himself, as a defence receive for his trouble, but that he applied the proceeds ' against an action brought upon a bill of exchange, of the cir.