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Now published, in 1 vol. 12mo., price 98. cloth, Observe-PARTRIDGE & COZENS, No. 1, Chancery-lane--The New THE LIMITED LIABILITY ACT, 1855, and tbe Acts Building.

1 for the Registration, Incorporation, and Regulation of Joint

stock Companies, (7 & 8 Vict. c. 110, and 10 & 11 Vict. c. 78), under ALBERT LIFE ASSURANCE COMPANY.

which Companies with Limited Liability are to be formed. With an Established 1838.

Introduction, Notes, Forms, and Index. By GEORGE SWEET. Esa.. Principal Office, 11, Waterloo-place, Pall-mall, London.

of the Inner Temple, Barrister at Law. Assurances, Annuities, and Endowments granted, and every other

COXTENTS, mode of provision for families arranged.

I. INTRODUCTION.--1. Liability of Ordinary Partners - Sharing Half the annual premiums for the first five years may remain on Profits-Provisional Committeemen.--2. Joint-stock Companies at the credit for any period until death, on payment of interest at 51, per cent. Common Law, by Charter or Letters-patent, and by Private Act.-3. The per annum.

Joint-stock Companies Registration Act-- Provisional and Complete Parties allowed to go to, or reside in, most parts of the world without Registration -- Duties, Liabilities, and Powers of Promoters, Shareextra premium.

holders, and Directors-Contracts, Bills of Exchange, &c.-4. ComNaval and military lives, not in active service, assured at the ordinary panies with Limited Liability-Whether Certificate conclusive-Exectrate.

tion against Shareholders- Evasion of Limited Liability-Increase of Policies forfeited by non-payment of premium revivable at any time Capital prohibited-Auditor-Dissolution-Winding-up Acts. within six months, on satisfactory proof of health, and the payment of a II. THE STATUTES, WITH NOTES, &c.-7 & 8 Vict. c. 110; 10 & 11 trilling fine.

Vict. c. 78; 18 & 19 Vict. c. 133.-List of Forms for Registration, and Policies on the life of another secured, notwithstanding the part of the scale of Fees. world to which the assured may go.

UI. APPENDIX.-Precedents of Deed of Settlement-Abstract of and HENRY WILLIAM SMITH, Actuary and Secretary. Schedule to Deed--Supplementary Deed for obtaining Limited Liability

Declaration by Promoters-Petition and License to hold Land.-06TQUITY and LAW LIFE ASSURANCE SOCIETY,

servations on the Rule for ascertaining the Debtor in Mercantile TransNo. 26, Lincoln's-inn-fields, London.

actions.-Index. TRUSTEES.

London: H. Sweet, Chancery-lane: V. & R. Stevens & G. S. Norton,
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Recently published in 1 vol. 12mo., price 5s.,
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Nassau W. Senior, Esq., Master in Chancery.

1 NUISANCES and EXECUTION of DRAINAGE WORKS in Charles Purton Cooper, Esq., Q.C., LL.D., É.R.S.

every Parish, Town, and Place in England and Wales. under the George Capron, Esq.

Nuisances Removal Act, 1855, and by other course of Law. Wita Examples of the Bonus upon Policies declared to the 31st December,

numerous Forms, and complete Instructions for the Conduct of Parish

Committees. To which is added, the Diseases Prevention Act, 1855. 1854.

By TOULMIN SMITH, of Lincoln's-inn, Esq., Barrister at Law.
Date of Policy .. 18th March, 1845.) 24th April, 1845. 7th Nov. 1845. Henry Sweet, 3, Chancery-lane; V. & R. Stevens & G, S. Norton,
Age at Entry....



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Middlesex.-Saturday, December 15, 1855.

DECEMBER 22. 1055.

Price, with Supplement, 28.

No. 50, NEW SERIES.-Vol. I.
No. 989, OLD SERIES.-Vol. XIX.





JAMES PARKER, Esq., Baddow House, Chelmsford, VICE-CHAIRMAN.
Mr. SERJEANT MANNING, Q.A.S., Serjeants'-inn.

I HENRY S. WASBROUGH, Esq., Solicitor, Bristol. JAMES ALEXANDER DOUGLAS, Esq., Solicitor, 16, Russell-square. | HENRY HEFFILL, Esq., Solicitor, Diss, Norfolk. E. SLAUGHTER, Esq., Solicitor, 15, Mansfield-street, Portland-place. JOHN BATTEN, Esq., Solicitor, Yeovil. JOHN WOOLLETT, Esq., Barrister-at-Law, 5, Brick-court, Temple. HENRY TREMENHEERE JOHNS, Esq., Solicitor, Ringwood, CHAS. FOSTER, Esq., Lincoln's-inn, and 13, Bruton-street, Berkeley Hants. square.

CHARLES GIBSON, Esq., Solicitor, Town Clerk, Salford. JAMES CUDDON, Esq., Conveyancer, Norwich.

JOHN F. MARSH, Esq., Solicitor, Town Clerk, Warrington. CHARLES JOHN WHISHAW, Esq., Solicitor, 3, Gray's-inn-square. JOHN NANSON, Esq., Solicitor, Town Clerk, Carlisle. JOHN LAMBERT, Esq., Solicitor, Salisbury.

JOHN DABBS, Esq., Solicitor, Stamford. J. S. BARNES, Esq., Solicitor, Clerk of the Peace, Colchester.

ABRAHAM HOWELL, Esq., Solicitor, Welchpool. R. J. SISSON, Esq., Solicitor, St. Asaph.

JOHN HOWARD, Esq., Solicitor, Town Clerk, Portsmouth. HENRY MASON, Esq., Solicitor, 84, Basinghall-street.

FREDERICK THOMAS KEITH, Esq.. Solicitor, Norwich. J. MOLYNEUX TAYLOR, Esq., Solicitor, 2, John-street, Bedford-row. THOMAS ABDY FELLOWES, Esq., Solicitor, Chippenham. EDWARD BURKITT, Esq., Solicitor, Curriers' Hall, London-wall. ERASMUS WILSON, Esq., F.R.S., Henrietta street, Cavendish-square. HENRY MUNSTER, Esq., Barrister-at-Law, 10, Farrer's-buildings,

JOSEPH COVERDALE, Esq., Land Agent, Ingatestone-hall, Essex. Temple, and Brighton.

VINCENT GOSFORD, Esq. Land Agent, Cheriton, Alresford, Hants, JOHN COLE, Esq., Solicitor, 4, Adelphi-terrace.

H. E. MARSH, Esq., Land Agent, 2, Charlotte-row, Mansion-houseCHARLES JOHN PALMER, Esq., Solicitor, Great Yarmouth.

street. J. F. ROBINSON, Esq., Solicitor, The Hall, Hadleigh, Suffolk.

JOHN CHURTON, Esq., Land Agent, Chester.

HENRY HANCOCK, Esq., 59, Harley-street, Cavendish-square. I WILLIAM HAYES, Esq., 4, New-square, Lincoln's-inn.


GEORGE JOHN DURRANT, Esq., 45, Pall Mall.

Messrs. BOUVERIE & Co., Haymarket.

Messrs. GURNEY & Co., Norwich.

LIFE DEPARTMENT. The terms are in general the same as those of the principal Fire TJIE LAW UNION INSURANCE COMPANY is based upon a principle Insurance Ofices. The advantages consist in the extent of the capital which combines the benefits of Mutual Insurance with the guarantee of Tesponsible for losses, namely, 750,0001.; in the business being confined a Subscribed Capital of 250,0001 sterling, in the Life Insurance Departto the best classes of Insurance; IN TIE RETURN OF THE DISCOUNT ment. Whilst perfect security is thus afforded, the number and chaALLOWED BY THE GOVERNMENT ON THE DUTY; and in the liberality racter of the shareholders (almost all of whom are members of the Legal and promptitude with which the business is conducted.

Profession) will command a large amount of business, and consequent advantages will arise to the Insured.

The Tables of Premiums have been calculated on the latest Report

of the Registrar General, and are as economical as is consistent with Ordinary Classes of Insurance.


Premiums may be paid annually, hall-yearly, or quarterly, in one FIRST CLASS.

payment, or in a limited number of payments.

No entrance fees nor appearance before the Board required. Premium-18.6d. per cent. per annum, (with certain exceptions).

Whole world Policies granted.

Profits divided every five years; and any Bonus declared may be either SECOND CLASS.

received in cash, added to the sum insured, or applied to the reduction

of the Premiums. Premium-28.6d. per cent. per anzum, (with certain exceptions). The age of the Insured will, at any time, on satisfactory proof, be

admitted on a Policy. No charge will be made for policies when the premium amounts to Policies indisputable, except in cases of fraud. six shillings and upwards, nor when transferred froin other offices.

Assignments and transfers of Policies will be registered and acknow


Claims payable in three months after proof of death. IN ALL CASES RETURNED TO THE INSURED, the effect of which is to

The legal business in connexion with Mortgages inay, under judicious give them a return or bonus, equal to 101. per cent. annually, on the

ns, be transacted by Solicitors of known respectability, being premiums payable upon FIRST-CLASS risks.

shareholders in the Company. Special risks are not taken by this Company,

A liberal Commission allowed to Solicitors and Estate Agents.

FRANK MGEDY, Secretary. 45, Pall Mall. T AW.--COMMON-LAW CLERK.-WANTED, in al ALBERT LIFE ASSURANCE COMPANY. City Office, a respectable and intelligent YOUNG MAN, com- | A

Established 1838. petent to conduct Common-law Business, under superintendence. Ad

Principal Office, 11, Waterloo-place, Pall-mall, London , dress, N., Messrs. Fry & Son, Law Stationers, 38, Bucklersbury.

1. Assurances, Annuities, and Endowments granted, and every other

mode of provision for families arranged. T AW.--A Gentleman, in the fourth year of his articles,

Half the annual premiums for the first five years may remain on u and well versed in Conveyancing, wishes for an ASSIGNMENT

'credit for any period until death, on payınent of interest at 51. per cent. to a respectable Firm in Town. Unexceptionable references. Apply,

per annum, "Lex," Post Office, Shrewsbury.

Parties allowed to go to, or reside in, most parts of the world without

extra premium. I AW.-A Gentleman, who served his articles in an office of Naval and military lives, not in active service, assured at the ordinary

considerable practice in the country, and since his admission last rate.. year has been reading with a Conveyancer of standing, is desirous of Policies forfeited by non-payment of preinium revivable at any time obtaining a SITUATION as CONVEYANCING CLERK in a London within six months, on satisfactory proof of health, and the paynicnt of a Office, or as General Managing Clerk in a Country Office. An engage trilling fine. ment with a view to a Partnership, on the usual terms, preferred. Un- Policies on the life of another secured, with standing

e part of the exceptionable references will be given, Address, X. Y., care of Mr. world to which the assured may go. Hodgson, 2, Chancery-lane.

HENRY WILLIAM SMITH, Actuary and Secretary. No. 50, VOL. I., New Series.




Tuesday, Dec. 18.


SAMUEL BELCHER, Lower Marsh, Lambetb, hatter,

Jan. 1 at 1, and Jan. 29 at 12, London: Off. Ass. Edwards; ROBERT BLORE, Great Russell-street, Bloomsbury, pici

oonasour y pico Sol. Crafter, 168, Blackfriars-road, Southwark.- Pet. f. ture dealer, Dec. 27 at ll, and Jan. 31 at 12, London:

Dec. 17. Off. Ass. Bell; Sol. Blyth, 10, St. Swithin's-lane.- Pet. f.

"WILLIAM COOPER, formerly of Tulse-hill, Brixton, non Dec. 12. SAMUEL PROBY EKIN, Godmanchester, Huntingdon

of Nunhead, Peckham, builder, Dec. 24 aud Feb. 6 at 11, shire, out of business, formerly of Cambridge, soda water

London: Of. Ass. Nicholson; Sols. Minet & Smith,

I 3, New Broad-street. -- Pet. f. Dec. 8. manufacturer, Dec. 21 at 11, and Jan. 22 at 12, London: Off. Ass. Lee; Sols. Hunnybun, Huntingdon ; Sewell & Co.,

JEREMIAH CHALLENGER WOOSTER, Long-lane, Gresham-house, Old Broad-street.- Pet. f. Dec. 11.

West Smithfield, fancy cabinet manufacturer, Dec. 29 at EDWIN VERDON BLYTH and WILLIAM HENRY

half-past 11, and Feb. 2 at 12, London: Off. Ass. Pennell; GODDARD, Birmingbam, merchants, (trading under the

Sols. Venning & Co., 9, Tokenhouse-yard.-Pet. f. Dec. 13.

WILLIAM PĚARSE LILLICRAPP, Davies-street, Berkefirm of E. V. Blyth & Goddard, Brothers), Jan. 7 and 28 at half-past 10, Birmingham: Off. Ass. Christie ; Sol. Reece,

ley-sqnare, furrier, Dec. 29 at half-past 11, and Feb. 6 at Birmingham.- Pet. d. Dec. 13.

12, London: Off. Ass. Nicholson ; Sols. Davies & Co., WILLIAM WATHEN, Hereford, upholsterer, Dec. 29 and

17, Warwick-street, Regent-street.- Pet. f. Dec. 14. Jan. 19 at ll, Birmingham : Off. Ass. Bittleston; Sols.

CHARLES ROBERT THOMPSON, Winchester-house, Bodenham & James, Hereford ; Motteram & Knight, Bir

Old Broad-street, London, and Southampton, wine mer. mingham.-Pet. d. Nov. 28.

chant, (trading under the firm of C. R, Thompson & Co.), WILLIAM INSULL, Dudley, Worcestershire, stationer,

Jan. 2 at 2, and Jan. 29 at 1, London: Of. Ass. Stansfeld; Dec. 26 and Jan. 16 at half-past 10, Birmingham : Off. Ass.

Sols. Lawrance & Co., 14, Old Jewry-chambers.--Pet. f. Wbitmore; Sols. Lowe, Dudley; E. & H. Wright, Bir.

Dec. 13.

ROBERT GEORGE WEBB, Stafford, formerly of Bir. mingham.-Pet. d. Dec. 11. JAMES WHITTAKER and JOHN ELLISON, Church,

mingham, draper, Dec. 31 and Jan. 21 at half-past 10, Bir. near Accrington, Lancashire, ironfounders, Jan. 8 and 28

mingham : Of. Ass. Bittleston ; Sols. Pinchard & Shelton, at 12, Manchester : Off. Ass. Pott; Sols. Higson & Robin

Wolverhampton; Hodgson & Allen, Birmingham.- Pet. d.

Dec. 14. son, Manchester.- Pet. f. Dec. 10.

JOSHUA JAMES PETTY, Bilston, Staffordsbire, grocer, MEETINGS.

Jan. 4 and 25 at 11, Birmingham : Off. Ass. Bittleston ; Henry Cox, Reading, Berkshire, grocer, Jan. 3 at half.past

Sols. Waterhouse, Bilston ; James, Birmingham.- Pet. d. 11, London, last ex. - John Overbury, Frederick-place, Old

Dec. 10.
Jewry, woollen warehouseman, Dec. 29 at 11, London, aud. THOMAS HENRY TAYLOR. Birn

THOMAS HENRY TAYLOR, Birmingham, cabinet maker, ac.- William Williams, Liverpool, tailor, Dec. 26 at 11,

Dec. 31 at half-past 10, and Jan. 21 at half past 12, Bir. Liverpool, aud. ac.- Thomas Parker, Southport, Lancashire, mingham: Off. Ass. Christie ; Sols. Chaplin & Co., Bir. hotel keeper, Dec. 24 at ll, Liverpool, aud. ac.-- Jonathan

mingham.- Pet. d. Dec. 14. Ogden, Liverpool, tuilor, Dec. 24 at 11, Liverpool, aud. ac. NICHOLAS ANDREWS and THOMAS ANDREWS, Louis Ahlborn, Liverpool, toy dealer, Dec. 24 at 11, Liver.

Gateshead, Durham, ironmongers, Jan. 4 and 25 at half. pool, aud, ac.- Auguste Silvestre, Argyll-street, Regent-street,

past 12, Newcastle-upon-Tyne: Off. Ass. Baker; Sols. T. importer of fancy goods, Jan. 8 at 1, London, div.-Ann

& W. Chater, and Hoyle, Newcastle-upon-Tyne. — Pet. f. Elizabeth Hickman, Cannon-street-road, St. George's-in-the Dec. 3. East, and Moses John Hickman, Princes-place, St. George's- | FRANCIS BAKE WEBSTER. Heckmondvike, Yorkshire, in-the-East, undertakers, Jan. 8 at 12, London, div. sep. est. blanket manufacturer. Dec. 28 and Feb. 1 at 11, Leeds : of M. J. Hickman.- William Paton, Bread-street, City, ware Of. Ass. Young; Sols. Iveson, Heckmondvike; Bond & houseman, Jan. 4 at 1, London, div.

Barwick, Leeds.- Pet. d. Dec. 14,

BENJAMIN HAINSWORTH, Lirerpool, common brewer, To be allowed, unless Cause be shewn to the contrary on or Jan. 7 and 21 at 11, Liverpool: Off. Ass. Morgan ; Sols. before the Day of Meeting.

Dibb & Co., Leeds ; Frodsham, Liverpool.- Pet. f. Dec. 14. Gustave Louis Longfils, Pilgrim-street, Ludgate-hill, mer

MEETINGS. chant, Jan. 4 at 12, London.- John Vatas Simpson, St. Thomas Adamson and Henry Hunter Bell, Sunderland, Swithin's-lane, London, and Herne Bay, Kent, billbroker, corriers, Jan. 18 at 12, Newcastle-upon-Tyne, pr. d.-J. Jan. 4 at half.past 11, London.--Chas. Merit Rigy, Upper Clarkson, Strand, grocer, Jan, 10 at 2, London, last er.Stamford-street, Blackfriars, apothecary, Jan. 4 at 2, London. George Hill, Kentish. town, builder, Dec. 28 at half-past1, -Joseph Thomas, Catherine-street, Strand, and White Hart. London, last ex.- Josepk Skinner, Bouverie street, Fleet. street, Drury.lane, newspaper proprietor, Jan. 4 at 2, London.street, carpenter, Dec. 20 at 11, London, last ex. - William -Nm. Roxburgh, Liverpool, insurance broker, Jan. 4 at 11, Courtney, Houndsditch, wholesale clothier, Jan. 3 at 1, Lon. Liverpool.- John Granville Hopkinson, Nottingham, beer don, aud. ac.- Charles H. Tugman and James E. Tugman, house keeper, Jan. 8 at half past 12, Nottingham.

Great Tower-street, provision merchants, Dec. 28 at 12, Lon. To be granted, unless an Appeal be duly entered. don, aud. ac.-Joseph Miller, Piccadilly, fishmonger, Dec. 20 David Halket, Herne Bay, shipowner.-Wm. Joyce, Green.

at 12, London, aud. ac.-Wm. Paton, Bread-street, ware. wich, engineer.- Samuel King, Buckland, Berkshire, wheel.

houseman, Dec. 28 at 12, London, aud. ac.- James Young, wright. - Henry Andrer's Simon, Albion-road, Wandsworth

Thomas Bracken, George Ballard, James C. C. Sutherland, road, Surrey, boarding-house keeper. - Frederick William

and Nathaniel Alexander, Calcutta, East Indies, merchants, Faucett and William Parrott, Lisle-street, Leicester-square,

Dec. 28 at 12, London, aud. ac.-- Thomas Allison Readwin, shoe manufacturers.- Solomon Clegg und Jas. Fux, Newcastle.

Winchester-buildings, Great Winchester-st., dealer in shares, upon Tyne, woollen manufacturers. - Andrew Dempster, Li.

Dec. 28 at 12, London, aud. ac.-Wm. Green the younger, verpool, stonemason.- Wm. Robinson Forster, Rock Ferry,

Higher Tranmere, Cheshire, brewer, Dec. 28 at 11, Liverpool, Cheshire, and Liverpool, ferry proprietors.-Thomas Potter,

aud. ac.-Moses H. Burrows and Grevile Ruddock, WakeSheffield, hosier.- George Poyser, Derby, shoe manufacturer.

field, Yorkshire, worsted spinners, Dec. 28 at a quarter before -Edvard Ashwell, Gosberton, Lincolnshire, grocer.-James

11, Leeds, aud. ac.- Wm. Poole, Kingston-upon-Hull, proTomlinson, Nottingbam, timber merchant.

vision merchant, Jan. 9 at 12, Kingston-upon-full, aud. ac.; PARTNERSHIP DISSOLVED.

Jan. 16 at 12, div.-Thomas Barrett, Oxford, timber mer.

chant, Jan. 11 at 11, London, div.-William Henry Fleming, Wm. Gillmore Bolton, Samuel Benjamin Merriman, and

Camberwell, brewer, Jan. 15 at 12, London, div.- Thoms Simon Dunning, Austin-friars, attornies and solicitors.

Salmon, Kettering, Northamptonshire, ironmonger, Jan. 8 at PETITION ANNULLED.

12, London, div.- Richard Brevitt, Coventry, ironmonger, Robert Peare Stephens, Liverpool, shipowner.

Jan. 12, Birmingham, div.-Samuel Boyle, Fenton, Stoke

(For continuation of Gazette, see p. 505).

. 22,


.... 496 ......... 497






CONTENTS. London Gazettes

COURT OF QUEEN's Bench. Leading Article ......

By G.J. P. SMITH and W. B. BRETT, Barristers at Law, Liability of Executors under an Agreement to take a

The Overseers of Horton o. The Overseers of Leeds, Lease...... se....................................

499 -(Irremoveability- Militiaman-9 8. 10 Vict. Reviews ........


c. 66, s. 1)........ Correspondence ......

500 Drury v. Macnamara.-(Agreement for lease for term Law Reform Dramatised ....

501 exceeding three years, not by deed-8 & 9 Vict. Death of Mr. John Cowling, Barrister at Law

c. 106, s. 3-Action for not giving possession).. 1163 India ........

Willis v. Cooke.-(Insurance on passaye moneyPublic Prosecutors.............................


Maintenance of passengers-Detention during re-

pairs- Passengers Act, 15 & 16 Vict. c. 44).... 1164

Reg. o. Wilks. - (Indictment-Several defendants-

Certiorari at the instance of one-Recognisance for
By T. EDWARDS, Barrister at Law.

costs-Order of jurige-Application to Court for Ex parte Barclay, in re Gawan.-(Bankruptcy-Fix

procedendo-5 & 6 Will. & M. c. 11, s. 2–5 & 6 iures - Order and disposition- Equitable mort.

Will. 4, c. 33, s. 2) ......................... 1166 qage-Costs) ..............................

1145 || Bell 0. Postlethwaite.-(Arbitration - Common-law

1145 Scales v. Maude.-(Mortgagor and mortgagee-Fore.

Procedure Act, 17 & 18 Vict. c. 125, s. 3—Costs closure-Promise of a gift at death, testamen.

not mentioned in rule-Award of costs-- Amend. tary, not a declaration of trust) .............. 1147

ment of rule) ........

.............. 1167

Avery v. Bowden.-(Charterparty-Clause for cargo COURT OF APPEAL IN CHANCERY.

ai C. instead of O., " in case of war" - Meaning By F. FISHER, Barrister at Law.

of word " war"-Refusal to load caryo - RenunNickels o. Hancock.-(Specific performance of award

ciation of contract-Waiver of breach) ........ 1167 - Unreasonableness of award-Excess- Want of

COURT OF COMMON Pleas. finality) .................................. 1149 By W. PATERSON and W. Mills, Barristers at Law. ROLLS COURT.

Phelps v. Prothero.-(Principal and agent-Suing
By G. Y. Robson, Barrister at Law.

on a contract made by an agent - Concurrent

acts - Equitable defence) .................... 1170 Davis v. The Earl of Dysart.- (CostsTaxation

Godts v. Rose. -(Trover - Delivery of goods by 120th Oriler of May, 1845- Two junior counsel

transfer in wharfinger's books - Property passing -Alteration of bill of costs).................. 1153

on sale of goods) ....

By C. MARETT, Barrister at Law.

By W. M. Best, Barrister at Law.
Sharrod v. Winfield.-(Creditor-Costs).......... 1154 Leech v. Lamb.-(6 Geo. 4, c. 50, 8. 34-Costs-

Certificate for special jury) .................. 1175 By T. F. MORSE, Barrister at Law.

CROWN Cases Reserved. In re Catherine Pitt.-(Practice-Costs of establish

By G. FRANCIS, Barrister at Law.

Reg. v. Lands. -(Bankruptcy -12 & 13 Vict. c. 106, ing right to fund, how paid).................. 1155 In re Ellison's Estate, and in re The London and

l 8. 253-Evidence- dct of bankruptcy) ........ 1176 North-western Railway Acts.—(Railway company

PREROGATIVE Court. --Payment of purchase money into court under

By A. WADDILOVE, D. C. L. special act--Application for payment out of court,

In the Goods of Sir J. Stracey and Wife.--(Joint costs of - Lands Clauses Consolidation Act) .... 1155 will-Probate granted, on the death of the surIn re The Trusts of the Will of W. Covington, and

viving testator, of each, as two distinct wills).... 1177 in re The 10 & 11 Vict. c. 96.-(10 & 11 Vict.

COURT OF ARCHES. c. 96- Payment of money into court by trustees

By A. WADDILOVE, D.C.L. - Notice to the trustees against-Costs of appear

Burder o. Pughe.-(Clergyman Immorality - Susing on petition not allowed) .................. 1157

pension) .................................. 1178 VICE-CHANCELLOR Wood's Coort.

By MATTHEW B. BEGBIE, Barrister at Law.

Simson v. Morley.-(Judgment creditors Registra.

Westerton v. Liddell and Horne -- Beal v. Liddell, tion-Priorities) .......................... 1158 Parke, and Evans.-(Church furniture and orna. Thomas v. Thomas. - (Statute of Limitations-Im.

ments, including the cross, pronounced illegal, plied guardianship-Constructive possession) .. 1160 and ordered to be removed, and the Ten ComCogswell 0. Armstrong.-(Residuary devise7. Will. 4

manıments directed to be set up at the east end 41 Vict. c. 26, 8. 25) ...................... 1162 of the church).............................. 1178





cheque for 481. 178. 11d., drawn on Messrs. Masterman,

and crossed with the name of Messrs. Dixon & Co., to LONDON, DECEMBER 22, 1855.

pay into their bank. The clerk was in the habit of

dining at a table d'hôte held at a tavern kept by the Tue direction of Lord Campbell to the jury in the

| defendant in Fetter-lane, and to which persons were recent case of Carlon and Another v. Ireland, tried at admitted only by an intr

admitted only by an introduction, which he had obGuildhall on the 13th inst., is alleged by some of our tai

st., is alleged by some of our tained, through a respectable person, and he had l'edaily contemporaries* to be at variance with the judg

it variance with the indo presented to the defendant that he was an attorney, in ment of the Court of Exchequer, delivered by Parke, B.,

business for himself. Instead of paying the cheque in Bellamy v. Majoribanks, (7 Exch. 389), and to have

into the bank, he took it to the defendant, and recreated considerable surprise and dissatisfaction in the quested him to cash it for him, as it was crossed, and minds of the mercantile community.

he had no banker through whom he could present it The plaintiffs had given to one of their clerks a

for payment. The defendant said he would pay the

cheque in to his bankers, (Messrs. Gosling), and as soon * Vide the Times, “ City Articles." Dec. 14 and 19. 1855. | as it was cashed he would give the clerk the money;

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and he afterwards paid him the amount, without any a banker, whether by the drawer or by any subsequent knowledge of the circumstances under which the cheque holder, does not in any way restrict the negotiability of had been obtained. The clerk paid 15l, 4s. Id. into the cheque, or render it necessary that it should be Messrs. Dixon's on account of this cheque, and then presented for payment by or through such banker, but absconded with the balance. The declaration in the is simply a memorandum giving notice to the banker action alleged that the cheque was the property of the on whom it is drawn that the party seeking payment plaintiffs, and had been converted by the defendant to thereof ought to present it through some banker; and his own use. The defendant pleaded that the cheque that if the banker, (the drawee), notwithstanding this was not the property of the plaintiffs. For the plain-notice, pay the cheque otherwise than through a tiffs Bellamy v. Majoribanks was cited, and it was banker, and without making full inquiry into the title contended, that upon the authority of the judgment de- of the party presenting it, he does so at his peril, and it livered by Parke, B., in that case, the question for the will be strong evidence of negligence in an action against jury would be, whether the defendant had exercised rea- him. In delivering the judgment, Parke, B., said, sonable caution in cashing the cheque. But Lord Camp- “ We think that the great preponderance of the evibell, in suinming up, directed the jury that the question dence on both sides tends to shew the custom to be for them was, not merely whether there had been a that which is reported to have been stated by some of want of caution on the part of the defendant, for that the jury in the case of Stewart v. Lee, (1 Moo. & M. would not be sufficient to disentitle him to the benefit 161), viz. 'that where a cheque is crossed, bankers of the cheque, but whether the defendant gave value for generally refuse to pay it to any one except a banker; it, and took it bonâ fide, and without any knowledge that and if they do pay it to a person not a banker, they it had been fraudulently obtained by the clerk, or that consider that they do it at their peril, in the event of he had no right to transfer it to him. The jury found the party to whom the payment is made not being enfor the defendant. It will be observed that the action titled to receive it. That the object is to secure the was not against the banker, (the dra wee of the cheque), payment, not to any particular banker, but to a banker, but by a former owner of the cheque against a trans- in order that it may be easily traced for wliose use the feree by delivery. It is one of the essential ingre- money was received; and that it was not intended dients of a cheque that it should be payable to bearer thereby at all to restrict the circulation or negotiability on demand; (55 Geo. 3, c. 184, sched., part 1); it of the cheque, but merely to compel the holder to prepasses, therefore, by delivery, like bills, notes, &c. sent it through a quarter of known respectability and payable to bearer; and to restrict the negotiability of credit.' We are strongly inclined to think, that, on a the cheque in this respect would be to render the in- full inquiry, the usage will turn out to be no more than strument no longer a cheque. (See Bellamy v. Majori- this; and considering the custom in this point of view, banks, 7 Exch. 401). And although formerly it was the crossing is a mere memorandum on the face of the considered that the title of the transferee of a cheque, cheque, and forms no part of the instrument itself, and bill, or note payable to bearer would be affected by in no way alters its effect. There can be no doubt that want of caution on his part, and that he would be liable such an usage is highly beneficial to the public. These in trover to the real owner if he were guilty of negli-instruments are, in their essential character, payable to gence in taking it, (Snow v. Peacock, 2 Car. & P. 221; bearer; they are, in many respects, treated as bank Gill v. Cubitt, 3 B. & Cr. 466), yet it having been found notes, for which of late years they have been largely essential to the free circulation of instruments payable substituted; but like all other things, they are liable to to bearer, which circulate as money, and to the inte- be mislaid, or lost, or stolen, and may get into the hands rests of trade and commerce, that the honest possession of persons, who are not entitled to receive payment of thereof, and the property therein, should be inseparable, them. It is manifestly, therefore, a great protection it is now finally settled, that if a man takes honestly an and safeguard to the real owner that there should instrument payable to bearer, he has a good title to it, exist the means of tracing and ascertaining for whose and it is immaterial with what degree of negligence he use the money paid on a cheque is received, and to may have acted, unless his negligence be so gross as to whom the money actually goes; and the payment induce the jury to believe that he was guilty of fraud. through a banker secures this object. . . . . We think (Goodman v. Harvey, 4 Ad. & El. 870; Willis v. The the crossing of a cheque is a protection and safeguard Bank of England, Id. 32; Foster v. Pearson, 1 C., M., to the owner of the cheque; and that in the event of a & R. 855; Collins v. Martin, 1 B. & P. 661; Elther banker paying a crossed cheque otherwise than through v. Rich, 10 Ad. & El. 784). Such being the well- a banker, the circumstance of his so paying it would be established law as regards cheques generally, it becomes strong evidence of negligence in an action against him. necessary to consider what is the effect of the cheque.... We think there is no legal objection to the being crossed ; and with respect to this there appears to custom, if thus limited and understood, upon the be a marked distinction between the position of the ground of its being repugnant to the essential quality banker by whom the cheque is to be paid, and that of the of a cheque, namely, its negotiability by delivery: transferee of the cheque. The law is clearly laid down There is no obligation upon any one to receive pay. in Bellamy v. Majoribanks, in which most of the principalment by a cheque, whether it be crossed or not London and many country bankers had been examined crossed; but if a man receive a crossed cheque, he as to the custom with respect to crossed cheques, and seems to us, not indeed to incur the obligation of prethe Court decided according to what they considered to senting it for payment through a banker as a condition be the great preponderance of the evidence given by the precedent, but he ought not to complain if the drawee witnesses, that the crossing of a cheque with the name of does not pay without previous inquiry." Indepen

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