BARTHOLOMEW DOWD, Liverpool, tailor and draper, outfitter, dealer and chapman, Feb. 6 and 27 at 11, District Court of Bankruptcy, Liverpool: Off. Ass. Bird; Sols. Bretherton, Liverpool; Carpenter, Staples-inn, London.-Fiat dated Jan. 11. JOHN MOULTON, Manchester, timber merchant and builder, Feb. 7 and March 7 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Pott; Sols. Sale & Co., Manchester; Reed & Co., Friday-st., Cheapside, London. -Fiat dated Jan. 11. MEETINGS. Fashion-st., Dockhead, Bermondsey, Surrey, licensed victual- Cheltenham, Gloucestershire, grocer. PARTNERSHIP Dissolved. SCOTCH SEQUESTRATIONS. James Craig, Edinburgh, commission agent.-Geo. White, Glasgow, watch maker.-David Robert Morice, Aberdeen, advocate.-John Green, Edinburgh, share broker.—Wilson & Philp, Dundee, corn merchants. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. Thos. W. Martin, Oxford, tailor, Feb. 16 at 1, Court of Bankruptcy, London, pr. d.-William Bower, Wilmslow, Cheshire, cotton spinner, Jan. 31 at 12, District Court of Bankruptcy, Manchester, last ex.-Wm. Shaw the younger, Salford, Lancashire, printer, Feb. 6 at 11, District Court of Bankruptcy, Manchester, last ex.-John Jackson, Kingstonupon-Hull, innkeeper, Feb. 14 at half-past 10, District Court of Bankruptcy, Kingston-upon-Hull, last ex.-Wm. Lilley, Albert-road, Peckham, Surrey, shipowner, Feb. 16 at 11, Court of Bankruptcy, London, aud. ac.-Wm. Simmons, Marden, Kent, dealer and chapman, Feb. 16 at 11, Court of Bankruptcy, London, aud. ac.-Francis Deflinne, Manchester, gingham manufacturer, Feb. 20 at 12, District Court of BankWm. Mathews, Castle-court, Bridge-row, London, general ruptcy, Manchester, aud. ac.; Feb. 21 at 1, div.-Wm. West, agent, Feb. 10 at 10, County Court of Kent, at Gravesend. Stroud, Gloucestershire, builder, Feb. 20 at 11, District -Thos. Elliott, Cheddington, Buckinghamshire, butcher, Court of Bankruptcy, Bristol, aud. ac.-John Hind and Roger Feb. 10 at 11, County Court of Bedfordshire, at Leighton Warbrick, Liverpool, curriers, Feb. 19 at 11, District Court Buzzard.-Hannah Challenor, Over, Cheshire, schoolmisof Bankruptcy, Liverpool, aud. ac.-John Collins, Salford, tress, Feb. 6 at 12, County Court of Cheshire, at Northwich. Lancashire, common brewer, Feb. 19 at 12, District Court of -George Hindle, Blackburn, Lancashire, cotton spinner, Bankruptcy, Manchester, aud. ac.; Feb. 20 at 12, div.-Thos. Feb. 13 at 12, County Court of Lancashire, at Haslingden. Nuttall, Rochdale, Lancashire, pork butcher, Feb. 19 at 12,-Joseph Hepworth, Huddersfield, Yorkshire, dyer, Feb. 15 District Court of Bankruptcy, Manchester, aud. ac.; Feb. 20 at 10, County Court of Yorkshire, at Huddersfield.-Wm. at 12, fin. div.-Nicholas Brown, Hexham, Northumberland, Cooper, Falmouth, Cornwall, butcher, Feb. 10 at 11, County timber merchant, Feb. 20 at half-past 11, District Court of Court of Cornwall, at Falmouth.-John Slack, Astbury, Bankruptcy, Newcastle-upon-Tyne, aud. ac.-Thomas Fox, Cheshire, wheelwright, Feb. 9 at 10, County Court of CheGeorge Rippon, Christ. A. Wawn, and Wm. Lishman, West shire, at Congleton.-John Clough, Apsley, near HuddersCornforth and Thrislington, near West Cornforth, Durham, field, Yorkshire, manufacturer of chicory, Feb. 15 at 10, lime burners, Feb. 20 at 11, District Court of Bankruptcy, West Derby, Lancashire, nurseryman, Feb. 5 at 10, Liverpool County Court of Yorkshire, at Huddersfield.-John Gray, Newcastle-upon-Tyne, aud. ac.; Feb. 22 at 11, div. sep. est. of Christ. A. Wawn.-Robert Blackford, Swindon, Wiltshire, District County Court, at Liverpool.-Jas. Waterfall, Whapbutcher, Feb. 16 at 11, District Court of Bankruptcy, Bristol, lode, Lincolnshire, cordwainer, Feb. 8 at 1, County Court of div.-Thos. Martin, Scarthing Moor, Weston, Nottingham- Lincolnshire, at Holbeach.-John Scott, New Shoreham, shire, miller, Feb. 16 at 11, District Court of Bankruptcy, Sussex, master mariner, Feb. 2 at 2, County Court of Sussex, Nottingham, div. at Brighton.-George Holford, Brighton, Sussex, green grocer, Feb. 2 at 2, County Court of Sussex, at Brighton. The following Persons, who, on their several Petitions filed in the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute : CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. John Peterson, Mount-st., Lambeth, Surrey, shoemaker, Feb. 19 at half-past 1, Court of Bankruptcy, London.-Wm. Simmons, Marden, Kent, dealer and chapman, Feb. 16 at 11, Court of Bankruptcy, London. -Joseph Scruby, Roxton, Bedfordshire, farmer, Feb. 17 at 1, Court of Bankruptcy, London.-John Walker, Upper Seymour-st., Edgware-road, Paddington, Middlesex, hotel keeper, Feb. 19 at 12, Court of Bankruptcy, London.-Joseph Thos. Townsend, High-street, Islington, Middlesex, carpet dealer, Feb. 16 at 12, Court of Bankruptcy, London.-Wm. Lilley, Albert-road, Peckham, Surrey, shipowner, Feb. 16 at 11, Court of Bankruptcy, London. Walter Wilson, Tavistock-place, Tavistock-square, Middlesex, apothecary, Feb. 20 at 12, Court of Bankruptcy, London.-Leonard Greening, Stroud, Gloucestershire, saddler, Feb. 20 at 11, District Court of Bankruptcy, Bristol.-Wm. Evans, Sheffield, Yorkshire, table knife manufacturer, Feb. 17 at 10, District Court of Bankruptcy, Leeds.-Thomas Ward, Smethwick, Staffordshire, railway pin manufacturer, Feb. 17 at 12, District Court of Bankruptcy, Birmingham.-John Yates the elder, Colton, Staffordshire, corn merchant, Feb. 22 at 10, District Court of Bankruptcy, Birmingham.-John Speakman, Astley, Lancashire, joiner, Feb. 19 at 12, District Court of Bankruptcy, Manchester. To be allowed by the Vice-Chancellor of the High Court of Chancery, acting in Bankruptcy, unless Cause be shewn to the contrary on or before Feb. 16. John James Palmer, Birmingham, wholesale jeweller. James Manley, Brighouse, Halifax, Yorkshire, grocer.-Ed. Hen. Browne, Peckham-rye, Surrey, and Beaufort-buildings, Strand, Middlesex, brickmaker.-Carnaby Thomas Ansdell, Barnet, Middlesex, coach proprietor.-John Hine Toovey, Feb. 12 at 10, before Mr. Commissioner Law. Henry Levin, Bury-st., Leadenhall-st., London, French coffee-house keeper.-Henry Fetherston, Prospect-row, Bermondsey, Surrey, auctioneer.-George Slater, Enfield, Middlesex, gun-lock filer. Feb. 12 at 11, before Mr. Commissioner PHILLIPS. Henry Jones, Prior-place, East-street, Walworth, Surrey, dairyman.-Robert Walker Ormston, South-st., Manchestersquare, Middlesex, shopman. The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute: Feb. 9 at 11, before Mr. Commissioner HARRIS. Wm. Hamley Turtle the elder, Palace-st., Pimlico, Middlesex, pianoforte tuner.-Wm. Deal, Henry-st., Pentonville, Middlesex, watch maker.-Thos. Hayward, Henry-st., Pentonville, and Foundling-terrace, Gray's-inn-road, Middlesex, carver. Feb. 10 at 11, before Mr. Commissioner PHILLIPS. L. Levy, Smith-st., Jubilee-place, Mile-end, Middlesex, bill broker.-Thos. Pearce, Thornton-heath, near Croydon, Surrey, out of business. · Hen. Jenkins, Alexander-terrace, Brompton, Middlesex, out of business.-Wm. Rains, Hungerford-market, Strand, Middlesex, fruiterer.-George Theed Browne, Hampton Court, Middlesex, gentleman. Feb. 12 at 11, before the CHIEF COMMISSIONER. Sam. Lench the younger, Liverpool-st., and Bishopsgate-st. Without, London, japanner.-John Samuel Story the younger, Foley-place, Portland-place, Oxford-st., Middlesex, attorney at law. John Carter, King-st., Borough, Surrey, dealer in horse flesh.-John Myers, Baldwin-st., City-road, Middlesex, cigar dealer.-Charles Johnson, Molyneaux-st., Edgware-road, Middlesex, out of business. Feb. 12 at 11, before Mr. Commissioner Harris. Wm. Humpage, Margaret-terrace, Paddington-green, Middlesex, out of business.-Thos. Wm. Turner Dowers, Took's court, Cursitor-st., Chancery-lane, Middlesex, law stationer. то THE LEGAL PROFESSION.-Mr. POOLE, Aedules in Insolvency agreeably to the prescribed Forms; also Bankrupts countant, of thirty-five years practical experience, prépares ScheBalance Sheets, and Statements to submit to Creditors. The most intricate or complicated accounts elucidated and tested on a new principle. Offices, No. 9, Spital-square, Bishopsgate. Author of "Observations on the General Impolicy of Imprisonment for Debt," &c. A In a few days will be published, price 5s., SUPPLEMENT to a TREATISE on the LAW of PERPETUITY; embracing the Authorities on the Subject of the former Work since its Publication. By WILLIAM DAVID LEWIS, Esq., Barrister at Law, and Lecturer on the Law of Real Property, &c. in Gray's Inn. William Benning & Co., Law Booksellers, 43, Fleet-street. This day is published, in 1 vol. royal 8vo., price 17. 118. 6d. cloth bds.. stered by the HOUSE of LORDS By the Right Hon. Sir EDWARD B. SUGDEN. S. Sweet, 1, Chancery-lane. Feb. 12 at 10, before Mr. Commissioner Law. Richard Cushing, Hawkin's-street, Jubilee-place, Com-A TREATISE of the LAW of PROPERTY, as adminimercial-road, Middlesex, master mariner.-John Janes, Berwick-street, Soho, Middlesex, out of business.-D. Causse, Castle-street, Oxford-st., Middlesex, shopman to a hair dresser. —Rob. Gill, Dove-place, Goldsmith-row, Hackney, Middlesex, out of business. LAW OF PERSONAL PROPERTY. PRINCIPLES of the LAW of PERSONAL PROPERTY, CONVOCATIONS OF THE CLERGY. Recently published, in 1 small vol. 12mo., price 5s. boards, THE LAW relating to CONVOCATIONS of the CLERGY, with Forms of Proceedings in the Provinces of Canterbury and At the County Court of Wiltshire, at SALISBURY, Feb. 12. York, &c. By ROBERT R. PEARCE, Esq., of Gray's Inn, BarrisJane Seager Neate, Alton Barnes, out of business. At the County Court of Glamorganshire, at Cardiff, Feb. 12. ter at Law. S. Sweet, 1, Chancery-lane. THE JOINT-STOCK COMPANIES WINDING-UP ACT, 1848. This day is published, in 12mo., price 8s. boards, David Williams, Merthyr Tydfil, out of business.-Joseph THE JOINT-STOCK COMPANIES WINDING-UP James, Merthyr Tydfil, railman. ACT, 1848, (11 & 12 Vict. c. 45); with an Introduction, Notes, and Forms. and some Notes of Cases. By JOHN MALCOLM LUDLOW, Esq., of Lincoln's-inn, Barrister at Law. Stevens & Norton, Bell-yard, Lincoln's-inn, and 194, Fleet-street. DANIELL'S CHANCERY PRACTICE. Second Edi tion. By T. E. HEADLAM, Esq. 2 vols. Svo., 31. 3s. boards. Royal 8vo., 1. 1s. boards. MITFORD on PLEADING. Fifth Edition. By J. W. SMITH, Esq. MILLER'S ORDERS in CHANCERY. Second Edition, 12mo., 14s. boards. SPENCE on the EQUITABLE JURISDICTION of the COURT of THE WORSHIPFUL COMPANY OF CUTLERS give MR. HODGSON will sell by AUCTION, at his Great Room, 192, Notice, that, at Michaelmas, 1849, the Leases of the Belle Sauvage Estate will expire, and that they shall shortly be prepared to receive Tenders for renewed Leases thereof, in whole or in parts. The Estate occupies an area of nearly 30,000 square feet, and adjoins on one side the open space formerly the site of the Fleet Prison. It comprises the extensive and very desirable premises within the Gateway of the Belle Sauvage-yard, Ludgate-hill, consisting of ten houses and warehouses, numbered from 1 to 10, of which the Belle Sauvage Hotel forms a considerable part. There is also a large range of stabling, &c., at the back or north end of the yard, and approached by the second archway. The Premises are most conveniently situated, and are admirably adapted for an Hotel, Chambers, Warehouses, Clubhouses, and for almost any Establishment requiring extensive accommodation. For Plans and further particulars, apply at Cutlers' Hall, 6, Cloaklane; or to Messrs. Beaumont & Thompson, Solicitors, 19, Lincoln's-innfields; or to Mr. Richard Tress, Architect, 23, Little St. Thomas Apostle. JAMES BEAUMONT, Clerk. THE FIRE at LINCOLN'S INN. "A rumour is cur rent, and we have reason to believe it well founded, that the titledeeds of about thirty large landed estates, chiefly belonging to families of distinction, perished in the chambers of a firm of solicitors, in the recent fire in Lincoln's-inn."-Daily News, January 17th, 1849. A Pamphlet of "General Information of the Preservation of Books, Titledeeds, Records, and Documents from Fire," collected from the evidence of leading scientific and practical men, as well as from experiments and facts, by the President of the Liverpool Polytechnic Society, for 1849, may be had (free of charge) at, or sent (post free) from, 47A, Moorgatestreet, City, London. DEEDS for EXECUTION ABROAD.—Messrs. J. & R. M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the Legal Profession that they undertake to forward Deeds for Execution by Parties Abroad, through their Correspondents on the Continent, for the Costs of Transmission and a simple Commission. List of Correspondents, and for further information, apply as above. Messrs. J. & R. M'CRACKEN are also Agents to the ROYAL ACADEMY, and devote their attention to the Receipt of Works of Art, Baggage, &c. sent home by Travellers on the Continent for passing through the Custom-house. They also undertake to ship Goods to all Parts of the World. Fleet-street, (corner of Chancery-lane), on THURSDAY next, Feb. 1st, and following Day, at half-past 12, VALUABLE LAW BOOKS, the LIBRARY of a GEN TLEMAN, deceased, by Order of the Executors, including Ruffhead's Statutes at Large, with Continuation to 10 & 11 Vict., The Year Books, Parliamentary History of England, Debates and State Trials, the Reports of Coke, Croke, Saunders, Salkeld, Raymond, Burrow, Cowper, Douglas, Durnford & East, East, Maule & Selwyn, Barnewall & Alderson, Barnewall & Cresswell, Barnewall & Adolphus, Adolphus & Ellis, Dowling, Dowling & Lowndes, Blackstone, Bosanquet & Puller, Marshall, Taunton, Broderip & Bingham, Bingham, Manning & Granger, Scott, J. B. Moore, Moore & Payne, Peere Williams, Atkyns, Vernon, Strange, Dickens, Ambler, Brown, Vesey, Vesey, jun., Vesey & Beames, Merivale, Swanston, Jacob & Walker, Jacob, Turner, Russell, Russell & Mylne, Mylne & Keen, Mylne & Craig, Craig & Phillips, Schoales & Lefroy, Connor & Lawson, Drury & Walsh, Keen, Beavan, Maddock, Simons & Stuart, Simons, Younge & Collyer, Collyer, Hare, Rose, Buck, Glyn & Jameson, Montagu, Deacon, & De Gex, Bligh, Campbell, Starkie, Holt, Gow, Ryan & Moody, Moody and Malkin, Moody & Robinson, Carrington & Payne, Wightwick, Price, Daniell, M'Cleland & Younge, Younge & Jervis, Tyrwhitt, Tyrwhitt & Granger, Meeson & Welsby, Robinson, Edwards, Dodson, Haggard, Phillimore, &c. Modern Treatises and Books of Practice. To be viewed, and Catalogues had. Orders for THE JURIST given to any Newsman, or letter (postpaid) sent to the Office, No. 3, CHANCERY-LANE, or to STEVENS & NORTON, 26, BELL-YARD, and 194, FLEET-STREET, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country. Printed by LUKE JAMES HANSARD, PRINTER, residing at No. 7, Southampton Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 41, Great Coram Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex. Saturday, January 27, 1849, No. 630-VOL. XIII. FEB. 3, 1849. Price 18., with Supplement, 28. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: A DECISION of some importance has recently been pronounced by the Vice-Chancellor of England in "the Countess of Rosslyn's trust," (13 Jur. Part I, p. 27), upon the effect of the Accumulation Act, (39 & 40 Geo. 3, c. 98). The question arose for the first time (as it is alleged) upon a deed. Lady Rosslyn vested a sum of money in trustees, upon trust to accumulate during the joint lives of A. and B., and on the death of A. to pay to B. the interest of the accumulated fund during her life, and after her death to pay the fund to another person. Lady Rosslyn died in 1826; A. died in 1847; and the trustees of the fund having paid it into court under the Trustee Act, B. and the remainder-man now came on petition to have the fund; and the question was, whether the trust for accumulation was void altogether, or only void from the death of Lady Rosslyn. The point could, of course, not arise under a will; and, therefore, the decisions upon wills would not strictly apply. Under a will, the trust for accumulation must necessarily be for the life of some survivor of the testator, or during some other period exceeding, or which may exceed, the period of twenty-one years fixed by the statute. The same question which is raised upon a will in such a case as Griffiths v. Vere (9 Ves. 127) might, of course, also be raised upon a deed; and there can be no doubt but a trust created by deed, to accumulate for a period which might exceed twenty-one years after the death of the settlor, would be good for the period of twenty-one years. In the case before the Vice-Chancellor, the difficulty, if difficulty there was, arose from the settlor having directed the accumulation, not in terms during her own life, which, if she had VOL. XIII. D done, would be strictly within the words of the statute, but during the lives of other living persons, which might, therefore, prolong the accumulation beyond the life of the settlor. The question was, therefore, whether this was to be read as anything more than a direction to invest during the lives of the cestuis que vies, if the settlor should so long live; or rather, whether the same reasoning which is applied to the statute with regard to a trust for accumulation by will, which may, by the terms of it, exceed twenty-one years, is not applicable to the statute with respect to a trust for accumulation by deed, which may, by its terms, exceed the life of the settlor. The Court decided that it is applicable, and that the trust for the accumulation during the lives of A. and B. was good during the life of Lady Rosslyn, and bad only from the period of her death. It has always appeared to us singular, looking at the language of the statute, that any doubt should ever have been seriously entertained from the points arising in Griffiths v. Vere. The disabling part of the statute does not enact, that any settlement or will, expressing, in terms, a trust for excessive accumulation, shall be void, but personally disables the settlor or testator from effecting the excessive accumulation. "No person or persons shall, after the passing of this act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits, or produce thereof shall be wholly or partially accumulated for any longer term than the life or lives of any such grantor or grantors, settlor or settlors, or the term of twenty-one years from the death of any such grantor, settlor, devisor, or testator." If the case stood on this part of the section alone, it might be thought that a di 1 rection to accumulate for more than the life of the grantor, or twenty-one years afterwards, would not, on the equity of the statute, be wholly void, but only to the extent to which the statute says a settlor shall not settle so as to accumulate. But the latter part of the clause seems framed expressly to prevent all doubt, by directing, "that, in every case where any accumulation shall be directed otherwise than as aforesaid, such directions shall be null and void, and the rents, issues, profits, and produce of such property so directed to be accumulated shall, so long as the same shall be directed to be accumulated, contrary to the provisions of this act, go to, and be received by, such person or persons as would have been entitled thereto if such accumulation had not been directed." Now, as the act expressly permits accumulation for one of two periods, namely, the life of the grantor, or twenty-one years afterwards, the clause above cited can only mean to direct the destination of the funds directed to be ac ON THE WRIT OF MANDAMUS. (Continued from Vol. 12, p. 531). Where several causes returned are inconsistent, the whole is bad. (Rex v. Cambridge, 2 T. R. 450; Ś. P., Rex v. York, 5 T. R. 66). It is inconsistent to state, in a return to a mandamus, (to certify the election of a recorder, supposed, in the writ, to be on the 15th January), that the corporation were not then duly assembled; and afterwards to state the election of another corporate officer, to wit, on the 15th January. The day in such case is material; and then its being laid under a videlicet does not make any difference. (Rez v. York, 5 T. R. 66). A return to such a mandamus, that the corporation were not duly assembled to proceed to the election of a recorder, is bad, because it contains a negative pregnant. Where the writ sets forth all the proceedings of the election, concluding "by reason cumulated, for the excess beyond either of those periods; whereof A. was elected," it is a bad return to say that because the accumulations are only to go away from he was not elected: the proper course would be for the the persons designated, so long as they are directed to defendant to traverse one of the facts alleged. (Ib.) be accumulated contrary to the provisions of the sta-The return must deny the substance of the writ, and tute; and so far as the direction operates to produce accumulation for either of the periods mentioned, it is not a direction to accumulate contrary to the provisions of the statute, and is excepted out of the latter part of the 1st section. Nevertheless, however clear the construction of a statute may appear, it is always satisfactory in practice that it should rest upon express authority, and that is now furnished by the case above referred to. GENTLEMEN CALLED TO THE BAR. The following Gentlemen have been called to the degree of Barrister at Law: LINCOLN'S INN, Jan. 30.-James Keene Hawkins, Esq.; Joshua Toulmin Smith, Esq.; George Williams Leech, Esq.; Francis Williams Clarke, Esq.; James Wilberforce Stephen, Esq.; Henry Kennedy, Esq. INNER TEMPLE.-George R. Clarke, Esq.; James Stansfield, Esq.; John Spencer, Esq.; Edmund H. Dickinson, Esq.; Charles John Bunyon, Esq.; Charles Riley, Esq.; William Henry Smyth, Esq.; Edward Sykes, Esq.; Robert B. Mansfield, Esq.; Alfred Hamilton, Esq.; Augustus F. Boyce, Esq.; Henry D. Macleod, Esq.; Frederick Peel, Esq. MIDDLE TEMPLE.-George Tennant, Esq.; John Jervis, Esq.; William Tapping, Esq.; George Frederick Speke, Esq.; Charles Chandos Pole, Esq.; Thomas Harrison, Esq.; John German, Esq.; John Brewer, Esq.; John Oliver Surtees, Esq.; Reginald Fowler, Esq.; George Pearson Wilkinson, Esq.; John Corsbie, Esq.; John Charles Frederick Sigismund Day, Esq.; Charles Edward Hawkins, Esq.; Francis Halhed, Esq. GRAY'S INN, Jan. 24.-James Fallon, Esq. Jan. 30. -Frederick James Furnivall, Esq. not the words only, or it will be bad. A return to a and at no other time, and then make due and legal proof of their qualifications; and A. and B., claiming to be admitted burgesses, made application to the mayor and commonalty on the charter-day, and offered to make due and legal proof of their qualifications, but their applications were not heard nor proofs received, on account of the time having been spent in other business; a return to a mandamus to the mayor and commonalty to enter an adjournment to a subsequent day, to receive and examine the qualifications of the candidates, "that it was impossible for A. and B., before the expiration of the charter-day, to make due and legal proof, &c., according to the intent of the charter, by reason of the day being consumed in the necessary business of the borough, and that the mayor and commonalty were not authorised to hear such proof on any other day than the charter-day," &c., was held bad. (Rex v. Carmarthen, 1 M. & S. 697). To a mandamus to swear A. and B. churchwardens, non fuit debito modo elect is a bad return. (Reg. v. Twitty, 2 Salk. 433; Reg. v. Guise, 2 Lord Raym. 1008). So, a return to a mandamus commanding defendant to take upon himself the office of common-councilman of the borough of Leicester, "that, by a bye-law, persons refusing to fill that office are subject to a certain fine, and that defendant had paid the fine," was holden insufficient, because it omitted to state that the fine was in lieu of service. (Rex v. Bower, 1 B. & C. 585). So, a return stating an excuse for not complying with a peremptory writ of mandamus is bad and inadmissible, no return to a peremptory mandamus being under any circumstances receivable. (Reg. v. Poole, 1 G. & D. 728; S. C., nom. Reg. v. Ledgard, 1 Adol. & Ell., N. S., 616). A return to a mandamus denying the matters of the writ with a protestando is ill. (Rex v. The Bristol Dock Company, 9 D. & R. 609; S. C., 6 B. & C. 181). (To be continued.) Court Papers. EQUITY SITTINGS, AFTER HILARY TERM, Friday .... Feb. 8 First Seal.-Motions. {(Petition-day): Petitions, (unopposed first), Short Causes, and Causes. Pleas, Demurrers, Exceptions, Causes, and Further Directions. Saturday 107 16 {(Petition-day); Petitions, (unopposed first), Short Causes, and Causes. ך17 |