Imágenes de páginas
[ocr errors]


Vol. I.
No. 946, OLD SERIES.-Vol. XIX.

FEBRUARY 24, 1855.

PRICE 1s., or with Digest Supplement, 28.

Now complete, in 4 very thick vols., price 81. 8s. cloth boards, CHITTY'S COLLECTION OF STATUTES OF PRACTICAL UTILITY.

With Notes thereon. Intended as a Circuit and Court Companion. The Second Edition. Containing all the Statutes of Practical Utility in the Civil and Criminal Administration of Justice to the Present Time. By W. N. WELSBY and EDWARD BEAVAN, Esqrs., Barristers at Law.

. . In the debate on the proposed consolidation of the Statutes, on the 9th February, 1854, Lord Campbell said, " that the Statutes at Large extended to about fifty volumes folio, but all the Statutes which were usually required by lawyers for reference might be found in three octavo volumes compiled by his learned friend Mr. Welsby. When he (Lord Campbell) was upon the bench he always had this work by him, and no Statutes were ever referred to by the Bar which he could not find in it."

This important Work will be continued annually, by an Edition of the Statutes, arranged on a similar plan, with a full Index, being published shortly after the close of each Session. Edited by E. BEAVAN, Esq. The first of these Supplements, containing the Statutes of 1854, is now ready, price Is. 6d, sewed.

S. Sweet, Chancery-lane; Stevens & Norton, Bell-yard.
PUBLIC MEETING of the LAW AMENDMENT On the 28th inst. will be ready, price 6s. 6d. bound,

SOCIETY: The Council of the Society for the Amendment of THE LAW LIST for 1855. By WILLIAM POWELL, the

of the Inland Revenue Office, Registrar of Certificates. the Society, hitherto held in June each year, should take place early in

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. the Parliamentary Session, such a Meeting has been fixed for Saturday, the 24th of February, at 2 p.m., at the Society's Rooms, 21, Regent

FINLASON'S COMMON-LAW ACTS. street, for the purpose of considering to what measure it is at the pre

Recently published, in 12mo., price 148. cloth, sent time desirable that the friends of Law Reform should direct their THE COMMON-LAW PROCEDURE ACTS of 1852 The Right Hon. Lord BROUGHAM, President of the Society, will expressly decided on or tending to elucidate them. With an Appendix, take the Chair.

containing the Common-law Procedure Act of Will. 4, the recent Acts Members are reminded that each has the privilege of introducing a on Evidence, the New Rules to Michaelmas Vacation, 1854, and an friend at the Meetings of the Society.

Introduction. By W. F. FINLASON, Esq., Barrister at Law.

Stevens & Norton, 26, Beli-yard, Lincoln's-inn. LAW : thirty, who has been for thirteen years in one of the first Solicitor's

FINLASON'S CHARITABLE TRUSTS ACT. othes in competician which he serred his articles in desirens. of priNG THE ACT (16 & 17 Vict

. 9: 137) for the BETTER TREwill be paid if necessary. Address N. D., at Messrs. Witherby's, Law Stationers, Great Turustile, Lincoln's-inn-fields.

and an Introductory Essay on the Jurisdiction exercised over them by

the Court of Chancery; with all the decided Cases; and an Appendix, LAW. PARTNERSHIP.-A Gentleman who served his entraining Precedents of Schemes, &c. By W. F. FINLASON, Esq., articles in the City, and has since been practising in the Country,

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. is desirous of a JUNIOR PARTNERSHIP in a house of established business in London. He is well connected, and would pay a consi

FINLASON'S LEADING CASES ON PLEADING. derable premium. Address, with particulars, to W. F. F., Solicitor,

In royal 8vo., price 68. boards, 20, Cheapside.


SELECTION of LEADING CASES on PLEADING, PAPER.- The cheapest, largest, and best assorted Stock, and PARTIES to ACTIONS; with Practical Notes, elucidating suitable for the use of the Legal Profession, will be found at

the Principles of Pleading, (as exemplised in Cases of most frequent oeMATTHEWS & DREW'S, Paper Manufacturers and Stationers to

currence in Practice), by a reference to the earliest Authorities; and the High Court of Chancery, 38, High Holborn, opposite Chancery-lane. designed to assist both the Practitioner and Student. By W. FINLA--Samples, with prices, will be forwarded on application, and orders to

SON, Esq., of the Middle Temple, Special Pleader. the amount of 21. carriage-free to the country.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.


reux.court, Temple, under the direction of CHARLES FREDERICK THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), FIELD, late Chief Inspector of the Detective Police of the Metropolis. for granting to her Majesty Duties on Succession to Property, and Correspondents in New York-Mr. G. Hayes and Mr. Stokley, Inde- for altering certain Provisions of the Acts charging Duties on Legacies pendent Police.

and Shares of Personal Estates. With an Introduction and Notes. By

HENRY THRING, Esq., Barrister at Law. In 12mo., price 58. 6d. COMMITTEE of COUNCIL on EDUCATION.-Such cloth. Managers of Elementary Schools in England and Wales for

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. children of the labouring classes as are desirous that the Teachers should be examined in the current yeare cure registration pursuant to THE MONTHLY DIGEST, By EDWARD BOURNE

Law. . immediately (if they have not already done so) with the Secretary, Published on the 7th of each month. Committee of Council on Education, Council-office, Whitehall.

Benning & Co., 43, Fleet-street.

This day is published, in 8vo., price 98.,
President- The Right Hon. Lord JOHN RUSSELL.


and ARRANGEMENTS with CREDITORS. With an ApThe next ELECTION of CHILDREN will take place at the London Tavern, in May, 1855. Forms of nomination, and all necessary infor

pendix, containing Precedents of Pleadings and Deeds. By WILLIAM ination, may be had on application at the offices, 13, Cheapside.

FORSYTH, Esq., Barrister at Law. Third Edition.

London: Benning & Co., Law Booksellers, 43, Fleet-street.
ALFRED T. JAY, Secretary,

Just published, price 108. boards,


CEEDINGS in the HIGH COURT of CHANCERY; with the 32, New Bridge-street, Blackfriars, London.

Orders of Court, Rules, and Regulations, from Michaelmas Term, 1849, GEORGE M. BUTT, Esq., Q. C., M. P., Chairman.

to Hilary Term, 1855. Forming the Second Volume of the Fifth EdiPOUR-FITHS of the PROFITS divisible amongst the Assured.

tion of the Practice of the Court. POLICIES two years in force PARTICIPATE ID PROPITS.

Wildy & Sons, Lincoln's-inn-archway, Carey-street.

Now ready, price 16s., the Fifth Edition, carefully revised, of NOTICEs of ASSIGNMENTS registered, and receipt thereof acknow. AYCKBOURN'S CHANCERY PRACTICE, as 'altered

by recent Statutes and Orders, and by the Abolition of the Masledged.

ters' Offices; and comprising Proceedings by Bill, Claim, Summons, PROPOSALS for LOANS entertained.

Special Case, and under the Charitable Trusts Acts; with Practical PROSPECTUSES, &c. on application.


and a copious Selection of Modern Cases. ARCHIBALD DAY, Actuary and Secretary.

Wildy & Sons, Lincoln's-inn-archway, Carey.street. No. 7, Vol. I., New SERIES.

LONDON HOSPITAL, February 21, 1855-A QUAR. INCUMBERED ESTATES COMMISSION.-Notice to TERLY GENERAL COURT of the Governors of this Institution

.-will be held here on Wednesday, the 7th day of March next, at I o'clock of THOMAS EYRE, assignee of Richard John Hicks, a bankrupt, precisely, to receive the Report of the House Committee for the past owner, ex parte Richard Wingfield Hicks, William Hicks, Henry three months, and on other business.

Edmund Hicks, and Frederick Benjamin Hicks, infants, by Edmond To this Court will be submitted the following resolution, passed at Johnston Figgis, their guardian and next friend, petitioners.-The a Special Meeting of the House Committee held on the 30th day of Commissioners having ordered a sale of the upper mills of Loader'sJanuary last, viz. :

park, near Harolds, and the mill-ponds and watercourses thereto “That, considering the very onerous nature of the duties devolving belonging, and the machinery and utensils therein, and Loader's-parkon the Chaplain of this Hospital, it be recommended to the next Quar- fields, situate in the baronies of Newcastle and Upper Cross and county terly General Court, with a view to the performance of the said duties of Dublin, and the lands of Kilmacanogue, situate in the half barony of in the most satisfactory manner, that power be granted to the House Rathdown and county of Wicklow, all parties objecting to a sale of the Committee to appoint a Non-Resident Assistant Chaplain, the various said lands, or having any claims thereon, are hereby required to take details connected with the office (except the amount of salary, which is notice of such order. Dated this 6th day of Pebruary, 1855. hereby proposed to be limited to 1001. per annum) being left to the con

HENRY CAREY, Secretary. sideration of the House Committee."

WILLIAM WHITTON, Solicitor, (having carriage of sale), WM. J. NIXON, Secretary.

18, Middle Gardiner-street, Dublin.


the number of petitions being

Freehold and . already more than sufficient to complete the list of Candidates, the Com- by AUCTION, by Messrs. THOMAS WINSTANLEY & SONS, mittee will be unable to receive any more during the present year. The at the Clarendon Rooms, Liverpool, on Thursday, the 15th day of increased liberality of the public is earnestly solicited in behalf of this March, 1855, at 2 o'clock in the afternoon, in one lot, pursuant to an the oldest and most extensive of pension institutions, the applications Order of the High Court of Chancery made in the above cause, and for its aid having lately increased beyond precedent. 132 persons with the approbation of the Vice-Chancellor Sir John Stuart, the Judge (whose cases have been strictly investigated by the Committee) have to whose Court the said cause is attached, a FREEHOLD and COPYbeen admitted candidates for the next election. More than 230 pen- HOLD ESTATE, situate at West Derby, consisting of a copyhold sioners, receiving in the aggregate upwards of 50001. per annum, are messuage or tenement, outbuildings, kitchen and pleasure gardens, now dependent upon the Institution. Since its establishment in 1812

together with three crofts, closes, or parcels of land thereunto belongit has supported 877 aged persons, the gross amount disbursed to them ing, situate and being near Club Moor, within and held of the manor of being nearly 150,000t. By order,

West Derby, Lancashire, and estimated to contain, with a small piece FREDERICK LATREILLE, Secretary. of land laid thereto as an incroachment from the waste, three acres of

the large measure there used, or thereabouts; and a freehold field, MARGARET-STREET DISPENSARY, for CON- called Hawkhurst, situate in Club Moor aforesaid, and containing

SUMPTION and DISEASES of the CHEST, 26, Margaret- | 1a. Ir. 5p. of the large measure there used, or thereabouts; which said street, Regent-street.-Instituted 1847:-A SPECIAL APPEAL is made freehold and copyhold estate contains in the whole eight statute acres on behalf of this Charity, to alleviate the lamentable sufferings of the or thereabouts of excellent land, well situate for building purposes, and consumptive patients. These poor persons are visited at their own abutting upon the valuable properties of John Pemberton Heywood, homes when unable to attend at the Dispensary. Donations received Esq., and Benjamin H. Jones, Esq., and late in the occupation of the by Sir Saml. Scott & Co., Bankers, !, Cavendish-square; Saml. Fowell, defendant, John Holme, but now of Mr.

William Walton, as yearly Esq., Sec., 98, New Bond-street; and at the Dispensary.

tenant, at 80l. per annum. The copyhold part of the premises is subject

to a yearly quit rent of 2s. 4d., and to a nominal fine on death or alienROYAL SEA-BATHING INFIRMARY, MARGATE: ation. The freehold part is subject to a perpetual yearly rent of --VACANCY in the office of RESIDENT SURGEON.-Candi

17. 165. 2d. The premises may be viewed by permission of the tenant, dates must possess a legal qualification, and be unmarried. Salary for and particulars and conditions may be had of Mr. Potts, Solicitor, 1, the season (about six months) 601., with furnished apartments and Lancaster-place, Strand, London; of Mr. Fluker, Solicitor, 10, Symond'sboard. Candidates are requested to send their applications and testimo- inn, Chancery.lane, London;

of Mr. William Hinde, Solicitor, Peel'snials to the Secretary, 4, Dowgate-hill

, Cannon-street, City, on or before buildings, Harrington-street, Liverpool; of Mr. James Nicholson, SoliFriday, the 30th March. The duties will commence the beginning of citor, Warrington; at the Clarendon Rooms aforesaid; and of Messrs. May. By order of the Directors,

Winstanley & Sons, Liverpool.


by Mr. J. H. SUNDERLAND, (pursuant to a Decree of the and clothed and fitted out for the Royal Nary, Indian Navy, and the High Court of Chancery, made in a cause of " Harris v. Watkins“), mercantile marine, 455 poor and destitute boys, who, rescued from

at the Mitre Hotel, in the city of Hereford, on Thursday, March 29, ignorance and the innumerable dangers of a life of idleness, are now

at 3 o'clock.--Lot 1. TWO MESSUAGES or TENEMENTS, situate stimulated to support themselves by the exertions of their own industry: in Church-street, in the city of Hereford, held for the remainder of a a heavy burthen is thus removed from their distressed parents and

term of twenty-nine years from the 2nd February, 1833, granted by the friends, whilst the boys have obtained employment in a service most

custos and vicars of Hereford Cathedral, and renewable septennially on useful to the country.

payment of a fine. Lot 2. A Farm at Tupsley, in the county of HereSince the formation of this Society, nearly a century ago, it has clothed ford, within two miles of the city of Hereford, comprising a farm-house and fitted out 90,000 individuals for the sea service, and it is hoped that

and buildings, and 56 A. IR. 37p. of arable, meadow, and orchard land, of an institution so highly beneficial will ever commend itself to the support

which about twenty-eight acres are copyhold of inheritance, and the reof the British public.

mainder leasehold for lives, held under the Bishop of Hereford. This At this juncture, when large demands on the Society's funds may be

lot is now in the occupation of Mr. Richard Phillips, at a yearly rent of expected, it becomes necessary to appeal to the liberality of the bene

801 Lot 3. Four Inclosures of Meadow Land, at Tupsley aforesaid, called volent for increased donations and subscriptions.

Barnes Meadow and Bridge-green Meadow, containing 15A. IR. 11p. Contributions of any amount towards the further support of this

Barnes Meadow is leasehold for lives, held under the Bishop of Herenational charity will be thankfully received

at the offices of the Society ford. Bridge-green Meadow is copyhold of inheritance. This lot is in in Bishopsgate-street.

the occupation of Messrs. E. L. Bristow and S. Jones, at rents amountT. P. RUST, Secretary.

ing to 381. per annum. It is the custom of the Bishop of Hereford

to renew, on the dropping of a life, the leases, on payment of a fine. APPEAL to the COUNTRY GENTRY. The Com. Should this lot not be sold, it is intended to offer Barnes Meadow

conmittee of the SAMARITAN INSTITUTION (President, the taining 12 acres, and let at 307.) as one lot, and Bridge-green Meadow Most Noble the Marquis of BRISTOL) earnestly solicit the ASSIST- (containing 3A. 1R. 11P., and let at 8l. per annum) as another separate ANCE of the wealthy at this trying season to the poor, when great

lot. Printed particulars, with a map of the second and third lots, may numbers flock into the metropolis from all parts of the country, in con

be had gratis of Messrs. Smith & Son, 16, Southampton-street, Bleomssequence of the want of out-door employment. Of this class 3000 have hury; Messrs. Robinson, Queen-street-place; and Messrs. Hall & been relieved at the Institution during the past week. Immediate aid is Hunt, New Boswell-court, Solicitors, London; of Mr. Humfrys, Mr. required to enable the Committee to continue the daily relief.

Pritchard, and Mr. Symonds, Solicitors; of Mr. W. H, Apperley, Land Contributions thankfully received by Messrs. Glyn, Mills, & Co., Lom- Surveyor; the Auctioneer; and place of sale, Hereford. bard-street; Charles Maddock, Esq., Á. A., Serjeant's-inn, Temple; and at the Institution, Victoria-street, Farringdon-street, by

S. E. PACK BARBER, Secretary.


TRANSPORT SERVICES, Somerset-place, Feb. 3, 1855. URGENT APPEAL to the WEALTHY...In consequence THE Commissioners for executing the Office of Lord High ber of destitute sick persons, more especially unfortunate females, hereby give notice, that on Thursday, the 1st of March next, at 1 o'clock, suffering under aggravated and contagious diseases, have sought refuge they will be ready to treat with such persons as may be willing to at the ROYAL FREE HOSPITAL, Gray's-inn-road. From want of CONTRACT for SUPPLYING, and delivering into her Majesty's Vicfunds alone the medical officers have been compelled to refuse them tualling Stores at Deptford, all such IRON TANKS, and spare articles, admission into the wards, although many of the wretched applicants and articles for repairs, as shall from time to time be required, under a had neither home nor bed. Unless timely aid can be given, numbers, contract for three years certain, and afterwards until the expiration of of these poor sufferers must perish. The Hospital has three large three months' warning. wards unoccupied, which may be at once made available if this appeal Patterns of the tanks and articles may be seen at the Victualing-yard is responded to by the merciful and affluent. John Masterinan, Esq., at Deptford, and a form of the tender and the conditions of the contract M.P. Nicholas-lane, is treasurer, and by whom donations will be may be obtained at the said office; or on application to Commander thankfully received; also by the following bankers:-Messrs. Coutts & Bevis, at Liverpool; or the Collector of Customs, at Bristol. No tender Co., Drummond

& Co.; Herries & Co.; Ransom & Co.; Prescott, Grote, will be received after 1 o'clock on the day of treaty, por any noticed, & Co.; Smith, Payne, & Co.; Glyn & Co.; Jones Loyd & Co.; Barclay unless made on the printed form provided for the purpose. & Co.; Denison & Co.; Williams, Deacon, & Co.; Overend, Gurney, & Every tender must be addressed to the Secretary of the Admiralty, Co., Masterman & Co; by Messrs. Nisbet & Co., Bemers-street; and at and bear in the left-hand corner the words "Tender for Tanks;" and the Hospital.

must also be delivered at Somerset-place.


CONTENTS. Leading Article ...

Vice-CHANCELLOR Wood's Court-(Continued). Notes of the Week.........

60 Russell v. M'Culloch.-(Mortgagor and mortgageeLondon Gazettes..

61 ForeclosureJudgment creditor of an equitable NAMES OF THE CASES REPORTED,



By T. EDWARDS, Barrister at Law.

By G. J. P. Smith, Barrister at Law.

Fisher o. Bridges.-(Plea-Illegal agreement-Sale of Johnson v. Webster.-(Will - Construction-Charge

land by lottery-Purchase money unpaid-Coveon real estate-Conversion-Deed-Merger) 145

rant for payment)

157 Kane v. Reynolds.-(Costs of the Crown)..


COURT OF Queen's Bench.

By G.J. P. Smith and W. B. Brett, Barristers at Law.
By F. FISHER, Barrister at Law.

Badeley o. Vigurs.-(Covenant to repair-Action by Procter o. Cooper.-(Priorities--Judgment-Notice) 149 assignee of part of reversion-Partial merger of ROLLS COURT.

term --Surrender-Suspension of right of actionBy G. Y. Robson, Barrister at Law.

Prevention of performance by act of plaintiff

Apportionment of covenant-32 Hen. 8, C. 34).. 159 Lord Brougbam v. Lord William Pawlett.-(Will, costs

Williams o. Smith.-(Infancy-Necessaries-Statute of executing the trusts of--What costs included)., 151

of Limitations - Acknowledgment in writingVICE-CHANCELLOR KINDERSLEY'S COURT.

9 Geo. 4, c. 14)

163 By C. MARETT, Barrister at Law.

COURT OF Common Pleas. Magnay c. Mines. — (Equitable plea -- Injunction

By W. Paterson and W. Mills, Barristers at Law. Terms)

153 Wilkinson o. Kirby:-(Trespass for mesne profitsVICE-CHANCELLOR STUART's COURT.

Estoppel- Judgment by default in ejectment-Dis. By T. F. MORSE, Barrister at Law.

tributive plea-Common-law Procedure Act, 1852) 164 Beavan o. The Earl of Oxford.-(Misnomer ---Judy

Bell v. Young.-(Bankrupt Act, 128, 13 Vict. c. 106, s. 65 - Cowkeeper)

167 ment-Registration-Notice-1 8 2 Vict. c. 110) 154


By W. M. Best, Barrister at Law.
By MATTHEW B. Begbie, Barrister at Law.

Hill v. Swift.-(County court-Jurisdiction- AbanIn re Lady Erskine's Will. -(Husband and wife

donment of excess of claim above 501.-Prohibition Wife's equity to a settlement-Separation)...... 156 -Costs)



only security left to him is the person of a bankrupt

debtor. LONDON, FEBRUARY 24, 1855.

To remedy this evil two measures have been recently

introduced to the attention of the Legislature by Lord The great and unequivocal success which has attended Brougham and Mr. Keating. on the numerous and important reforms effected within The principal provisions of the scheme proposed by the last twenty years in our legal system has encou- Lord Brougham are, that bills and promissory notes raged not only their authors, but others ambitious shall be protested in the ordinary form; that when proof treading in their footsteps, and participating the tested, they shall be registered, by an officer appointed triumphs they have achieved and the fame they have for that purpose, in each of the superior courts; that acquired, to continue their labours, to redouble their after such registry an order may be obtained against all efforts, and to attempt still further and more impor- the parties for the payment of the same within six tant changes and improvements. That these changes days after the service of the order; and that on the and improvements are required none can deny. Much, expiration of the six days, execution shall issue against indeed, has been effected; but much remains to be the respective parties. Before execution, however, any done. Not a little that was cumbrous and unneces- of the persons served may, upon making an affidavit sary has been swept away; many glaring abuses have disclosing a legal defence, have the execution stayed been removed, and many defects been remedied; but and an issue raised for trial. He must, however, exabuses and defects yet exist, which demand the un- cept in certain cases, furnish security for the payment sparing hand of the reformer.

of the principal debt and costs, or pay into court a Among these may be noticed the law relating to the sum sufficiently large to cover the same. process for the recovery of debts secured by bills of According to the plan suggested by Mr. Keating, exchange and promissory notes. These instruments, all actions upon bills or promissory notes are to be so important and indispensable to the successful con- brought by writ of summons, in the special form given duct of the transactions of the commercial world, have in the act. In the event of the parties not appearing been much diminished in their utility by the difficul- to the writ, the plaintiff shall be at liberty, on an ties thrown in the way of their enforcement. Accord- affidavit of the service of such writ, to sign judgment ing to the existing law, as our readers are well aware, and proceed to execution. The defendant, where he the holder of a dishonoured bill, to which there is and is within the jurisdiction of the Court, may, within can be no defence, must bring an action, and proceed eight days after the service of such order, apply to a to judgment, before he can obtain the payment of the judge of any of the courts for permission to appear to amount for which it was given. By these means great the writ, and he shall, on disclosing a valid defence, be delay is occasioned, and considerable expense incurred; allowed to appear and defend the action. and after this delay and expense the creditor fre- Where the parties are not resident within the jurisquently finds that the fund to which he has looked for diction of the Courts, a different form of writ is given, the liquidation of his demand has disappeared, and the and the period allowed for entering an appearance is to No. 7, Vol. I., New SERIES.


be regulated by the distance from England of the loca- that the consequence would, in many cases, be to effect lity in which the party happens at the time to be resi- the ruin of the poor trader. dent. In all cases the actions must be commenced These objections, adduced by persons possessed of great within three months after the instruments shall have commercial experience, and enjoying numerous and rare become due; otherwise the parties are to be left to their opportunities of forming a correct judgment, are unordinary remedies.

questionably entitled to grave attention, and will be On the relative merits of these plans it is neither our carefully considered by the members of the Legislature wish, nor our intention, to pronounce a judgment. Each when the measures submitted to them come to be dispossesses advantages peculiar to itself. That of Lord cussed. We think, however, that a little reflection Brougham has a claim to support from the fact that it will shew that they are rather specious than sound; is not a mere untried scheme, or a piece of experimental that they are dictated by fears which are not likely to legislation, but that it is an attempt to extend to this be realised; and that the weight of reasoning, expecountry a system long established in a neighbouring rience, and authority is decidedly on the side of the kingdom, and which, in the opinion of all best fitted proposed alterations. to judge, has produced beneficial results. That of the Bills of exchange and promissory notes are contracts, honourable and learned member for Reading has, on by which the parties to them agree, that at the arrival the other hand, the advantage of not introducing any of a fixed period the sums therein named shall be paid new machinery, and of being framed in a spirit more

to the holders. When that period arrives & debt has in accordance with the existing system of English accrued, and each of the parties is bound to provide for judicature.

its liquidation. Should he omit to do so, he is guilty For this reason we should be inclined to decide in of a breach of duty, for the consequences of which he favour of the latter scheme. We should give it also is liable. To screen him, on the one hand, from these the preference for another reason, viz. that it does not consequences is what no legislator should attempt; require the previous condition of giving security for while, on the other, every effort should be made to the debt, or payment of the amount into court. Many compel him to meet the liabilities he has undertaken. cases must frequently occur where persons, possessed This is what Lord Brougham’s and Mr. Keating's bills of a decisive defence to a claim on a bill or note, may propose to effect, and for this reason they are entitled not be in a position to provide the necessary sum to

to support. be paid into court, or may not be able to obtain, or

Nor can any injustice be done thereby to the inwilling to ask, the assistance of a friend as a security, and for a consideration puts it into circulation, must

dorsers; every person who attaches his name to a bill, and may in consequence be exposed to the infliction of grievous injustice. But instead of entering further be aware that he thereby guarantees its payment; and into the discussion of this matter, we would rather direct he surely cannot complain if, as soon as the acceptor our attention to the objections raised to the necessity has omitted to take it up, he is called upon to provide of a change, and to the results likely to follow from the for its immediate settlement. adoption of the remedies proposed.

By the acceptors themselves no injury will be susIt has been said that the present system has been tained: while a speedy redress is afforded to a creditor sanctioned by long and uninterrupted usage; that under against a dishonest debtor, ample opportunities of deits operation commerce has been fostered and extended;

fence are given to those against whom an unjust claim that with few exceptions it has been found to work may be made. The course laid open to them is clear. efficiently; and that consequently the substitution for They have only to apply to a judge, and they would it of any novel and more stringent remedy is unneces

at once be permitted to appear and resist the demand. sary, and would be impolitic.

Want of space compels us to defer until our next

number a few further observations which we have to It has been further urged, that the introduction of a

make on this subject. summary mode of procedure would operate with great severity on indorsers, who, without knowing that the bill had been dishonoured, and without having time

NOTES OF THE WEEK. allowed to ascertain the grounds on which an acceptor has refused payment, might in the space of a few days The Lord Chancellor has appointed Mr. J. J. Lonsbe compelled to pay the amount, or be exposed to the dale, secretary to the Criminal Law Commissioners, to danger of their property being seized and sacrificed. the vacant county court judgeship of Leicestershire.

A great injustice also, it is said, might be done to the Mr. J. Mellor, Q.C., succeeds Mr. Hildyard as reacceptors themselves, who might have a good defence, corder of Leicester. but might not at the time be able fully to substan- Lord Campbell, C. J., (Feb. 15, Queen's Bench), retiate it.

fused to seal a bill of exceptions because they were Further, it is alleged that its tendency would be to not tendered to him until after the verdict had been

recorded. check the system of credit which has long prevailed in the commercial world, and on which its prosperity chasers against judgment creditors is passing through

Lord St. Leonards bill for the protection of pur. mainly depends, and to interfere with legitimate specu- the House of Lords. lation. And, lastly, it is asserted that an instrument would tating remedies on bills of exchange, are again before

The public prosecutor's bill, and the bill for facilibe placed in the hands of an exacting creditor which the House of Commons. might frequently be employed most injuriously, and

London azettes.

Richard Waistell, Noble-street, London, warehouseman,

Feb. 27 at 2, Court of Bankruptcy, London, last ex.-Henry

Newby, North-place, Kingsland-road, Middlesex, builder,

March 8 at 11, Court of Bankruptcy, London, aud. ac. BANKRUPTS.

Charles Maryon Crooks, Church-row, Houndsditch, London, MALCOLM INGLIS and EYTON BOND, Old Broad licensed victualler, March 5 at 11, Court of Bankruptcy, Lon

street, London, merchants and ship and insurance agents, don, aud. ac. Samuel B. Alpe, Duke-street, Manchester. dealers and chapmen, (trading under the firm of Inglis, square, Middlesex, milliner, March 1 at 11,

Court of BankBond, & Co.), March 2 at 11, and April 5 at 12, Court of ruptcy, London, aud. ac. — - John Close, Stratford, Essex, Bankruptcy, London: Off. Ass. Johnson ; Sols. Lawrance baker, March 1 at 11, Court of Bankruptcy, London, aud. ac. & Co., 14, Old Jewry-chambers, London.-Petition dated -D. M. Davidson and C. W. Gordon, Mincing-lane, and Feb. 15.

Cousins-lane, Upper Thames-street, London, colonial brokers, WILLIAM GROOM, Sadbury, Suffolk, innkeeper and and West Ham-lane, Essex, distillers, March 1 at 11, Court

horse-bair seating manufacturer, dealer and chapman, March of Bankruptcy, London, aud. ac. - Frederick Carson, St. 2 at half-past 11, and April 5 at 1, Court of Bankruptcy, Helen's-place, Bishopsgate-street, London, and Upton-place, London : Off, Ass. Bell; Sols. Cooper & Hodgson, 3, West Ham, Essex, merchant, March 1 at 11, Court of BankVerulam-buildings, Gray's-inn.-Petition filed Feb. 8.

raptcy, London, aud. ac.-H. Wm. Hobhouse, J. Phillott, VICTOR BAUER, Lilypot-lane, St. Martin's-le-Grand, and Č. Lowder, Bath, Somersetshire, bankers, March 1 at 11,

London, merchant and foreign agent, dealer and chapman, District Court of Bankruptcy, Bristol, aud. ac.-E. M. Carey, Feb. 27 and March 20 at 2, Court of Bankruptcy, London : Liverpool, merchant, March 2 at 11, District Court of BankOff. Ass. Lee; Sols. Lawrance & Co., 14, Old Jewry- ruptcy, Liverpool, aud. ac. ; March 9 at 11, div.-Joseph chambers, London.-Petition filed Feb. 12.

Harriman, Loughborough, Leicestershire, hosier, March 20 GEORGE COOPER ROUSE, (commonly called GEORGE at 10, District Court of Bankruptcy, Nottingham, aud. ac.

COOPER), Dovercourt, Essex, grocer and baker, Feb. 23 Wm. J. Norsworthy, Sidmouth, Devonshire, baker, March 1 at 1, and April 6 at 12, Court of Bankruptcy, London: at 1, District Court of Bankruptcy, Exeter, aud. ac.-- Thos. Off. Ass. Pennell; Sols. Laurance, Ipswich; Cree & Son, Hutchings, Axminster, Devonshire, nurseryman, March 1 3, Verulam-buildings, Gray's-inn.- Petition dated Feb. 5.

at 1, District Court of Bankruptcy, Exeter, aud. ac.-John WILLIAM RIDDELL and MEAD TERRY RAYMOND, Beringer, Penzance, Cornwall, silversmith, March 1. at 1,

Skerbourne-lane, London, merchants, commission agents, District Court of Bankruptcy, Exeter, aud. ac.-P. Paige, dealers and chapmen, (trading under the firm of W. Riddell Montyidere House, Torquay, Devonshire, lodging-house & Co.), March 2 and April 4 at 12, Court of Bankruptcy, keeper, March 1 at 1, District Court of Bankruptcy, Exeter, London : Off. Ass. Nicholson ; Sols. Lawrance & Co., 14, aud. ac.-Wm. M. Peniston, Yetminster, Dorsetshire, rail. Old Jewry-chambers, London.-Petition dated Feb. 14.

way contractor, March 1 at 1, District Court of Bankruptcy, WILLIAM MORGAN, Osborn-street, Whitechapel, Mid- Exeter, Ryder, Plymouth, Devonshire, flour

dlesex, licensed victualler, Feb. 24 and April 7 at 12, Court factor, March 5 at 1, District Court of Bankruptcy, Plymouth, of Bankruptcy, London: Off. Ass. Pennell; Sols. Marti- aud. ac.- Richard Callard, Devonport, coach proprietor, neau & Read, 2, Raymond-buildings, Gray's-inn.- Petition March 5 at 1, District Court of Bankruptcy, Plymouth, aud. dated Feb. 15.

ac.-John Mills, Leeds, Yorkshire, printer, March 1 at 11, THOMAS COLLINGWOOD KER, late of Hans-place, District Court of Bankruptcy, Leeds, aud. ac.- Edw. Snow, Chelsea, Middlesex, and Auction Mart, Basement, Bartho- High-street, St. Giles's, Middlesex, tes dealer, March 13 at lomew-lane, London, and now a prisoner in the Debtors 12, Court of Bankruptcy, London, div.-James Hobson and Prison for London and Middlesex, dealer in railway and Charles Hobson, Waltham Abbey, Essex, and Enfield, Midmining shares, commission agent, dealer and chapman, Feb. dlesex, stonemasons, March 13 at half-past 12, Court of Bank23 at 12, and March 30 at 11, Court of Bankruptcy, Lon. ruptcy, London, div.-J. Hussey, Poole, linendraper,

March 9 don : 08. Ass. Cannan; Sol. Weekes, 4, Hungerford-street, at 12, Court of Bankruptcy, London, div.-Donald Macleod, Strand.-Petition filed Feb. 6.

Ealing, Middlesex, dealer and chapman, March 9 at half.past THOMAS WILLIAM HORDER, Minories, London, and 12, Court of Bankruptcy, London, div.-Thomas Wilson,

Barrington-road, Loughborough-road, Brixton, Surrey, Barnard's-inn, Holborn, Middlesex, money scrivener, March 9 chemist and druggist, dealer and chapman, March 6 at 11, at half-past 12, Court of Bankruptcy, London, fin. div.and April 3 at 12, Court of Bankruptcy, London: Off. Henry Heylyar and Jacob Connop, Coleman-street, London, Ass. Stansfeld ; Sol. Scott, 36, Ludgate-street, City. - and Old Ford, Middlesex, dyers, March 9 at 2, Court of BankPetition filed Feb. 12,

ruptcy, London, fin. div. sep. est. of Henry Heylyar.-Jules JAMES EMMINS, Portland-road, Notting-hill, Middlesex, Breton, King Edward-road, Hackney, Middlesex, and King

builder, dealer and chapman, Feb. 27 at 11, and March 28 William-street, London, insurance broker, March 9 at halfat 1, Court of Bankruptcy, London: Off. Ass. Graham; 1 past 1, Court of Bankruptcy, London, div.-J. T. Merrick, Sol. Rushbury,

Sarrey-st., Strand.-Petition filed Feb. 12. Hereford-row, Westbourne-grove, Middlesex, builder, March 9 THOMAS TYLER, Wood-street, Cheapside, London, ware- at 11, Court of Bankruptcy, London, div.-Rowland Mitchell,

houseman, dealer and chapman, (trading under the firm or Lime-street, London, merchant, March 10 at 12, Court of style of Thomas Tyler & Co.), March 7 at 2, and April 3 Bankruptcy, London, div.-Edward Butt, Newcastle-place, at'1, Court of Bankruptcy, London: Off. Ass. Stansfeld ; Edgeware-road, Middlesex, laceman, March 9 at 12, Court of Sols. J. & J. H. Linklater, 17, Sise-lane, City.--Petition Bankruptcy, London, div.-Antonio Mathé and S. Moore, filed Feb. 13.

Liverpool, merchants, March 9 at 11, District Court of BankRICHARD BRAWN, Daw End, Rushall, Staffordshire, lime ruptcy, Liverpool, div.-Cornelius Terry, Birmingham, cutburner, March 3 and 17 at 12,

District Court of Bank- nail manufacturer, March 8 at half past 10, District Court of raptcy, Birmingham : Off. Ass. Christie ; Sols. Barnett & Bankruptcy, Birmingham, div.-Henry Samuel Parker, BirMarlow, Walsall; James, Birmingham. - Petition dated mingham, licensed victualler, March 8 at half.past 10, Dis. Feb. 7.

trict Court of Bankruptcy, Birmingham, div. WILLIAM JOHNSTONE, Springhill, Birmingham, miller

CERTIFICATES. and corn dealer, March 3 and 17 at 12, District Court of Bankruptcy, Birmingham : Off. Ass. Bittleston; Sols. Mot. To be allowed, unless Cause be shewn to the contrary on or teram & Knight, Birmingham.-Petition dated Feb. 6.

before the Day of Meeting. WILLIAM RENSHAW, Liverpool, brewer and licensed George Hardin, High-street, Stoke Newington, Middlesex,

victualler, dealer and chapman, March 1 and 22 at 11, linendraper, March 9 at 1, Court of Bankruptcy, London. District Court of Bankruptcy, Liverpool : Off. Ass. Bird ; Samuel Osler, Grange-road, Bermondsey, Surrey, leather Sol. Dodd, Liverpool.-Petition filed Feb. 13.

factor, March 10 at 2, Court of Bankruptcy, London.-- Joseph PETER WARD, Harrington, Cumberland, alkali manufac-Lough, Great Queen-street, Lincoln's-inn-fields, Middlesex,

turer, Feb. 28 at 1, and March 29 at 11, District Court of blacking manufacturer, March 9 at half-past 12, Court of Bankruptcy, Newcastle-upon-Tyne : Off. Ass. Baker ; Sols. Bankruptcy, London.-Robt. Thomson, St. John-street-road, T. & W. Chater, Newcastle-upon-Tyne; Bell & Co., 9, Clerkenwell, Middlesex, linendraper, March 9 at 1, Court of Bow-churchyard, London.-Petition filed Feb. 12. Bankruptcy, London.-A. H. COX, High-street, Kensington,

« AnteriorContinuar »