Imágenes de páginas

BARTHOLOMEW DOWD, Liverpool, tailor and draper, Fashion-st., Dockhead, Bermondsey, Surrey, licensed victual.

outfitter, dealer and chapman, Feb. 6 and 27 at 11, Dis. | ler.-Rich. Booty Cousens, York-square, Stepney, Middletrict Court of Bankruptcy, Liverpool: Off. Ass. Bird; sex, engineer.--Chas. Jas. Hanmer, Upper Lawn, ShropSols. Bretherton, Liverpool ; Carpenter, Staples-inn, Lon shire, cattle dealer.-Wm. Browning, Whitstable, Kent, don.-Fiat dated Jan. 1l.

grocer.-Owen Roberts, Tyn y Coed, Penmachno, CarnarvonJOHN MOULTON, Manchester, timber merchant and shire, cattle dealer. builder, Feb. 7 and March 7 at 12, District Court of Bank

FIATS ANNULLED. ruptcy, Manchester : Off. Ass. Pott; Sols. Sale & Co., Manchester ; Reed & Co., Friday-st., Cheapside, London. Cheltenham, Gloucestershire, grocer.

Solomon Child, Ewhurst, Surrey, mealman.-J. Millage, - Fiat dated Jan. 11.


Francis Paynter and Rowland Augustus Griffith Davies,
Thos. W. Martin, Oxford, tailor, Feb. 16 at 1, Court of Penzance, Cornwall, attornies and solicitors.
Bankruptcy, London, pr. d.-William Bower, Wilmslow,
Cheshire, cotton spinner, Jan. 31 at 12, District Court of

Scotch SEQUESTRATIONS. Bankruptcy, Manchester, last ex.-Wm. Shaw the younger, James Craig, Edinburgh, commission agen

James Craig, Edinburgh, commission agent.-Geo. White, Salford, Lancashire, printer, Feb. 6 at 11, District Court of Glasgow, watch maker.-David Robert Morice, Aberdeen, Bankruptcy, Manchester, last ex.-John Jackson, Kingston- advocate. John Green, Edinburgh, share broker.Wilson upon-Hull, innkeeper, Feb. 14 at half-past 10, District Court Philp, Dundee, corn merchants. : of Bankruptcy, Kingston-upon-Hull, last ex.-Wm. Lilley, i

Albert-road, Peckham, Surrey, shipowner, Feb. 16 at 11,
Court of Bankruptcy, London, and. ac.-Wm. Simmons,

Who have filed their Petitions in the Court of Bankruptcy,

and have obtained an Interim Order for Protection from Marden, Kent, dealer and chapman, Feb. 16 at 11, Court of Bankruptcy, London, aud. ac.- Francis Deflinne, Manchester,

Process. gingham manufacturer, Feb. 20 at 12, District Court of Bank

Wm. Mathews, Castle-court, Bridge-row, London, general ruptcy, Manchester, and. ac.; Feb. 21 at 1, div.--Wm. West. I agent, Feb. 10 at 10, County Court of Kent, at Gravesend, Stroud, Gloucestershire, builder, Feb. 20 at 11, District

1 - 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, schoolmis. of 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 mercbant, 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 ii, District Court of Bankruptcy,

County Court of Yorkshire, at Huddersfield.—John Gray, Newcastle-upon-Tyne, aud. ac.; Feb. 22 at 11, div. sep. est.

West Derby, Lancashire, nurseryman, Feb. 5 at 10, Liverpool of Christ. A. Wawn.-Robert Blackford, Swindon, Wiltshire,

District County Court, at Liverpool.-- Jas. Waterfall, Whap. butcher, Feb. 16 at 11, District Court of Bankruptcy, Bristol,

e lode, Lincolnshire, cordwainer, Feb. 8 at 1, County Court of dir.-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 CERTIFICATES.

grocer, Feb. 2 at 2, County Court of Sussex, at Brighton, To be allowed, unless Cause be shewn to the contrary on or

The following Persono, who, on their several Petitions filed in before the Day of Meeting.

the Court, have obtained Interim Orders for Protection John Peterson, Mount-st., Lambeth, Surrey, shoemaker,

from Process, are required to appear in Court as hereinFeb. 19 at half-past 1, Court of Bankruptcy, London.-Wm.

after mentioned, at the Court-howe, in Portugal-street, Simmons, Marden, Kent, dealer and chapman, Feb. 16 at 11,

Lincoln's Inn, as follows, to be examined and dealt with Court of Bankruptcy, London. — Joseph Scruby, Roxton,

according to the statute : Bedfordshire, farmer, Feb. 17 at 1, Court of Bankruptcy, Feb. 12 at 10, before Mr. Commissioner Law. London.—John Walker, Upper Seymour-st., Edgware-road, Henry Levin, Bury-st., Leadenhall-st., London, French Paddington, Middlesex, hotel keeper, Feb. 19 at 12, Court of coffee house keeper. Henry Fetherston. Prospect-row. BerBankruptcy, London.-Joseph Thos. Townsend, High-street, Islington. Middlesex, carpet dealer, Feb. 16 at 12, Court of | dlesex, gun-lock filer.

mondsey, Surrey, auctioneer.-George Slater, Enfield, Mid. Bankruptcy, London.--Wm. Lilley, Albert-road, Peckham, Surrey, shipowner, Feb. 16 at 11, Court of Bankruptcy, Lon

Feb. 12 at 11, before Mr. Commissioner' PAILLIPS. don. – Walter Wilson, Tavistock-place, Tavistock-square, Henry Jones, Prior-place, East-street, Walworth, Surrey, Middlesex, apothecary, Feb. 20 at 12, Court of Bankruptcy, dairyman.-Robert Walker Ormston, South-st., Manchester London.- Leonard Greening, Stroud, Gloucestershire, saddler, square, Middlesex, shopman. Feb. 20 at 11, District Court of Bankruptcy, Bristol.-Wm. Evans, Sheffield, Yorkshire, table knife manufacturer, Feb. 17

The following Prisoners are ordered to be brought up before at 10, District Court of Bankruptcy, Leeds.- Thomas Ward,

the Court, in Portugal-street, to be examined and dealt Smethwick, Staffordshire, railway pin manufacturer, Feb. 17

with according to the Statute: at 12, District Court of Bankruptcy, Birmingham.-John Feb. 9 at 11, before Mr. Commissioner HARRIS. Yates the elder, Colton, Staffordshire, corn merchant, Feb. 22 Wm. Hamley Turtle the elder, Palace-st., Pimlico, Midat 10, District Court of Bankruptcy, Birmingham. - John dlesex, pianoforte tuner.-Wm. Deal, Henry-st., Pentonville, Speakman, Astley, Lancashire, joiner, Feb. 19 at 12, District Middlesex, watch maker.-Thos. Hayward, Henry-st., PenCourt of Bankruptcy, Manchester.

tonville, and Foundling-terrace, Gray's-inn-road, Middlesex, Zo be allored by the Vice-Chancellor of the High Court of carver.

Chancery, acting in Bankruptcy, unless Cause be shewn to Feb. 10 at 11, before Mr. Commissioner PHILLIPS. the contrary on or before Feb. 16.

L. Levy, Smith-st., Jubilee-place, Mile-end, Middlesex, bill John James Palmer, Birmingham, wholesale jeweller. broker.- Thos. Pearce, Thornton-heath, near Croydon, SurJames Manley, Brighouse, Halifax, Yorkshire, grocer.Ed. rey, out of business. Hen. Jenkins, Alexander-terrace, Hen. Browne, Peckham-rye, Surrey, and Beaufort-buildings, Brompton, Middlesex, out of business.-Wm. Rains, HunStrand, Middlesex, brickmaker.-Carnaby Thomas Ansdell, gerford-market, Strand, Middlesex, fruiterer. - George Theed Barnet, Middlesex, coach proprietor.-John Hine Toovey, Browne, Hampton Court, Middlesex, gentleman.


Feb. 12 at 11, before the Chier COMMISSIONER. TO THE LEGAL PROFESSION.-Mr. POOLE, Ac. Sam. Lench the younger, Liverpool-st., and Bishops ,

1 counfant, of thirty-five years practical experience, prepares Sche. gate-st. Without, London, japanner.-John Samuel Story the

dules in Insolvency agreeably to the prescribed Forms; also Bankrupts'

Balance Sheets, and statements to submit to Creditors. The most ford

intricate or complicated accounts elucidated and tested on a new prinattorney at law. - John Carter, King-st., Borough, Surrey, ciple. Offices, No. 9, Spital-square, Bishopsgate. Author of "Observadealer in horse flesh.—John Myers, Baldwin-st., City-road,

tions on the General Impolicy of Imprisonment for Debt," &c. Middlesex, cigar dealer.-Charles Johnson, Molyneaux-st.,

In a few days will be published, price 5s.,. Edgware-road, Middlesex, out of business.


PERPETUITY; embracing the Authorities on the Subject of the Feb. 12 at 11, before Mr. Commissioner HARRIS.

former Work since its Publication. By WILLIAM DAVID LEWIS, Wm. Humpage, Margaret-terrace, Paddington-green, Mid. Esq., Barrister at Law, and Lecturer on the Law of Real Property, &c. dlesex, out of business. Thos. Wm. Turner Dowers, Took's

in Gray's Inn.

William Benning & Co., Law Booksellers, 43, Fleet-street. court, Cursitor-st., Chancery-lane, Middlesex, law stationer. Feb. 12 at 10, before Mr. Commissioner Law.

This day is published, in 1 vol. royal 8vo., price 17. 118. 6d. cloth bds.,

A TREATISE of the LAW of PROPERTY, as adminiRichard Cushing, Hawkin's-street,, Com.

A stered by the HOUSE of LORDS. By the Right Hon. Sir mercial-road, Middlesex, master mariner.- John Janes, Ber. | EDWARD B. SUGDEN. wick-street, Soho, Middlesex, out of business.-D. Causse,

S. Sweet, 1, Chancery-lape, Castle-street, Oxford-st., Middlesex, shopman to a hair dresser.

LAW OF PERSONAL PROPERTY. - Rob. Gill, Dove-place, Goldsmith-row, Hackney, Middle.

Recently published, in 1 vol. 8vo., price 148. boards, sex, out of business.


1 intended for the use of Students in Conveyancing. By JOSHUA The following Prisoners are ordered to be brought up before WILLIAMS, Esq., of Lincoln's-inn, Barrister at Law, Author of "Prin

a Judge of the County Court, to be examined and dealt | ciples of the Law of Real Property." with according to the Statute :

S. Sweet, 1, Chancery-lane.
At the County Court of Gloucestershire, at GLOUCESTER,

Feb. 12.

Receptly published, in 1 small vol. 12mo., price 58. boards, Thomas Holmes, Pitchcombe, gardener.


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, Barris

ter at Law. Jane Seager Neate, Alton Barnes, out of business.

S. Sweet, 1, Chancery-lane. At the County Court of Glamorganshire, at CARDIFF,


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.

1 ACT, 1848, (11 & 12 Vict. c. 45); with an Introduction, Notes, and

Forms, and some Notes of Cases. By JOHN MALCOLM LUDLOW, At the County Court of Dorsetshire, at Poole, Feb. 16. Esq., of Lincoln's-inn, Barrister at Law. Thomas Blanchard, Poole, hosier.

Stevens & Norton, Bell-yard, Lincoln's-inn, and 194, Fleet-street.


D tion. By T. E. HEADLAM, Esq. 2 vols. 8vo., 31. 3s. boards.

MITFORD on PLEADING. Fifth Edition. By J. W. SMITH, Esq. pointed the following gentlemen Masters Extraordinary

Royal 8vo., 11. ls. boards. in the High Court of Chancery:~Robert Toynbee, of MILLER'S ORDERS in CHANCERY. Second Edition, 12mo., Lincoln; Frederick Grain, of Cambridge.

. 148. boards.


CHANCERY. Vol. I, royal 8vo., 16.118.6d. boards. Humphry Willyams, Esq., for the Borough of Truro, BURTON'S COMPENDIUM of REAL PROPERTY. Sixth Edition. in the room of Edmund Turner, Esq., deceased.

By E. P.COOPER, Esq. 8vo., 11. 48. boards

Stevens & Norton, Bell-yard, Lincoln's-inn, and 194, Fleet-street. THE BELLE SAUVAGE ESTATE, LUDGATE HILL.

LAW BOOKS. THE WORSHIPFUL COMPANY OF CUTLERS give MR. HODGSON will sell by AUCTION, at his Great Room, 192, 1 Notice, that, at Michaelmas, 1849, the Leases of the Belle Sauvage Fleet-street, (corner of Chancery-lane), on THURSDAY next, Feb. Estate will expire, and that they shall shortly be prepared to receive Ist, and following Day, at half-past 12, Tenders for renewed Leases thereof, in whole or in parts.

VALUABLE LAW BOOKS, the LIBRARY of a GENThe Estate occupies an area of nearly 30,000 square feet, and adjoins

TLEMAN, deceased, by Order of the Executors, including on one side the open space formerly the site of the Fleet Prison. It com

Ruff head's Statutes at Large, with Continuation to 10 & 11 Vict., The prises the extensive and very desirable premises within the Gateway of

Year Books, Parliamentary History of England, Debates and State the Belle Sauvage-yard, Ludgate-hill, consisting of ten houses and ware

Trials, the Reports of Coke, Croke, Saunders, Salkeld, Raymond, houses, numbered from 1 to 10, of which the Belle Sauvage Hotel forms

Burrow, Cowper, Douglas, Durnford & East, East, Maule & Selwyti, a considerable part. There is also a large range of stabling, &c., at the Barnewall & Alderson, Barnewall & Cresswell, Barnewall & Adolphus, back or north end of the yard, and approached by the second archway.

Adolphus & Ellis, Dowling, Dowling & Lowndes, Blackstone, Bosanquet The Premises are most conveniently situated, and are admirably adapted

& Puller, Marshall, Taunton, Broderip & Bingham, Bingham, Manning for an Hotel, Chambers, Warehouses, Clubhouses, and for almost any

& Granger, Scott, J. B. Moore, Moore & Payne, Peere Williams, Atkyns, Establishment requiring extensive accommodation.

Vernon, Strange, Dickens, Ambler, Brown, Vesey, Vesey, jun., Vesey For Plans and further particulars, apply at Cutlers' Hall, 6, Cloak

& Beames, Merivale, Swanston, Jacob & Walker, Jacob, Turner, Ruslane; or to Messrs. Beaumont & Thompson, Solicitors, 19, Lincoln's-inn

sell, Russell & Mylne, Myine & Keen, Mylne & Craig, Craig & Phillips fields; or to Mr. Richard Tress, Architect, 23, Little St. Thomas Apostle.

Schoales & Lefroy, Connor & Lawson, Drury & Walsh, Keen, Beavan,

JAMES BEAUMONT, Clerk. Maddock, Simons & Stuart, Simons, Younge & Collyer, Collyer, Hare, THE FIRE at LINCOLN'S INN.-“A rumour is cur.

Rose, Buck, Glyn & Jameson, Montagu, Deacon, & De Gex, Bligh,

Campbell, Starkie, Holt, Gow, Ryan & Moody, Moody and Malkin, rent, and we have reason to believe it well founded, that the title.

Moody & Robinson, Carrington & Payne, Wightwick, Price, Daniell, deeds of about thirty large landed estates, chiefly belonging to families

M'Cleland & Younge, Younge & Jervis, Tyrwhitt, Tyrwhitt & Granger, of distinction, perished in the chambers of a firm of solicitors, in the

Meeson & Welsby, Robinson, Edwards, Dodson, Haggard, Phillimore, recent fire in Lincoln's-inn."-Daily News, January 17th, 1849. A

&c. Modern Treatises and Books of Practice. Pamphlet of " General Information of the Preservation of Books, Title

To be viewed, and Catalogues had. deeds, 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, . . Orders for THE JURIST given to any Newsman, or letter (postmay be had (free of charge) at, or sent (post free) from, 47A, Moorgate-paid) sent to the Office, No. 3, CHANCERY LANE, or to STEVENS street, City, London,

& NORTON, 26, BELL-YARD, and 194, FLEET-STREET, will insure DEEDS for EXECUTION ABROAD.-Messrs. J. & R.

its punctual delivery in London, or its being forwarded on the evening

of publication, through the medium of the Post Office, to the Country, M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the Legal Profession that they undertake to forward Deeds for Execution by Printed by LUKE JAMES HANSARD, PRINTER, residing at No.7, Parties Abroad, through their Correspondents on the Continent, for the Southampton Street, in the Parish of St. George, Bloomsbury, in the Costs of Transmission and a simple Commission,

County of Middlesex, at his Printing Office, situate in Parker Street, in List of Correspondents, and for further information, apply as above. I the Parish of St. Giles-in-the-Fields, in the County aforesaid; and Pub

Messrs. J. & Ř. M'CRACKEN are also Agents to the ROYAL ACA- lished at No.3, CHANCERY LANE, in the Parish of St. Dunstan in the DEMY, and devote their attention to the Receipt of Works of Art, Bag. 1 | West, in the City of London, by HENRY SWEET, LAW BOOKSELLER gage, &c. sent home by Travellers on the Continent for passing through and PUBLISHER, residing at No. 41, Great Coram Street, in the Parisa the Custom-house. They also undertake to ship Goods to all parts of l of St. George, Bloomsbury, in the County of Middlesex Saturday, the World.

| January 27, 1849,


No. 630_Vol. XIII.

FEB. 3, 1849. Price 1s., 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 :House of Lords ........ {A. GORDON, Esq. of the Inner

PG.J.P.SMITH, Esq. of the Inner 1 Temple, Barrister at Law. l Court of Queen's Bench

J Temple; and
Tenison EDWARDS, Esq. of the

W. B. BRETT, Esq. of Lincoln's Privy Council .......... 1 Inner Temple, Barristerat Law.

l Inn, Barristers at Law. The Lord Chancellor's S A. Gordon, Esq. of the Inner | Queen's Bench Bail Court H. Pelly Hinde, Esq. of the

" Inner Temple, Barrister at Law. Court ..............l Temple, Barrister at Law.

Court of Common Pleas, W. PATERSON, Esq. of Gray's Master of the Rolls Court and SG. Y. Robson, Esq. of the Inner

including | Inn; and vus Temple, Barrister at Law. Appeals under Registra- / J. R. BULWER, Esq. of the Inner (TENISON EDWARDS, Esq. of the

tion of Voters Act....) Temple, Barristers at Law..? Vice-Chancellor of Eng- J Inner Temple, and

Court of Exchequer ....

- SW.M. Best, Esq. of Gray's Inn,

Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the [ Inner Temple, Barristers at Law.

Ecclesiastical and Admi. SJ. P. DEANE, D.C.L. of Doctors'

ralty Courts ........ Commons. Vice-Chancellor Knight SW.W. COOPER, Esq. of the Inner

SW.W. Cooper, Esq. of the Inner Bruce's Court........1 Temple, Barrister at Law. Cases in Bankruptcy.... Temple, Barrister at Law. Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's

Crown Cases Reserved.. {!

S ROBERT R. PEARCE, Esq. of Court is............1 Inn, Barrister at Law.

served. | Gray's Inn, Barrister at Law.

LONDON, FEBRUARY 3, 1849. done, would be strictly within the words of the statute,

but during the lives of other living persons, which A DECISION of some importance has recently been might, therefore, prolong the accumulation beyond the pronounced by the Vice-Chancellor of England in “the life of the settlor. The question was, therefore, wheCountess of Rosslyn's trust,” (13 Jur. Part I, p. 27), ther this was to be read as anything more than a direcupon the effect of the Accumulation Act, (39 & 40 tion to invest during the lives of the cestuis que vies, if Geo. 3, c. 98).

the settlor should so long live; or rather, whether the The question arose for the first time (as it is alleged) same reasoning which is applied to the statute with upon a deed. Lady Rosslyn vested a sum of money in regard to a trust for accumulation by will, which may, trustees, upon trust to accumulate during the joint by the terms of it, exceed twenty-one years, is not aplives of A. and B., and on the death of A. to pay to B. plicable to the statute with respect to a trust for accuthe interest of the accumulated fund during her life, mulation by deed, which may, by its terms, exceed the and after her death to pay the fund to another person. life of the settlor. The Court decided that it is appliLady Rosslyn died in 1826; A. died in 1847; and the cable, and that the trust for the accumulation during trustees of the fund having paid it into court under the lives of A. and B. was good during the life of Lady the Trustee Act, B. and the remainder-man now came Rosslyn, and bad only from the period of her death. on petition to have the fund; and the question was, It has always appeared to us singular, looking at the whether the trust for accumulation was void altoge- language of the statute, that any doubt should ever ther, or only void from the death of Lady Rosslyn. have been seriously entertained from the points aris

The point could, of course, not arise under a will; ing in Griffiths v. Vere. - The disabling part of the and, therefore, the decisions upon wills would not statute does not enact, that any settlement or will, strictly apply. Under a will, the trust for accumula-expressing, in terms, a trust for excessive accumulation must necessarily be for the life of some survivor tion, shall be void, but personally disables the settlor of the testator, or during some other period exceeding, or testator from effecting the excessive accumulation. or which may exceed, the period of twenty-one years “No person or persons shall, after the passing of this fixed by the statute. The same question which is raised act, by any deed or deeds, surrender or surrenders, upon a will in such a case as Griffiths v. Vere (9Ves. 127) will, codicil, or otherwise howsoever, settle or dispose might, of course, also be raised upon a deed; and there of any real or personal property, so and in such can be no doubt but a trust created by deed, to accu- | manner that the rents, issues, profits, or produce mulate for a period which might exceed twenty-one thereof shall be wholly or partially accumulated for years after the death of the settlor, would be good for any longer term than the life or lives of any such the period of twenty-one years. In the case before the grantor or grantors, settlor or settlors, or the term of Vice-Chancellor, the difficulty, if difficulty there was, twenty-one years from the death of any such grantor, arose from the settlor having directed the accumulation, settlor, devisor, or testator.” If the case stood on this not in terms during her own life, which, if she had | part of the section alone, it might be thought that a di.

Vol. XIII,

rection to accumulate for more than the life of the

ON THE WRIT OF MANDAMUS. 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

(Continued from Vol. 12, p. 531). settle so as to accumulate. But the latter part of the l Where several causes returned are inconsistent, the clause seems framed expressly to prevent all doubt,

whole is bad. (Rex v. Cambridge, 2 T. R. 450; S. P., by directing, “that, in every case where any accu

Rex v. York, 5 T. R. 66). It is inconsistent to state, in mulation shall be directed otherwise than as afore

a return to a mandamus, (to certify the election of a said, such directions shall be null and void, and the

recorder, supposed, in the writ, to be on the 15th Jarents, issues, profits, and produce of such property so

nuary), that the corporation were not then duly assemdirected to be accumulated shall, so long as the same

bled; and afterwards to state the election of another shall be directed to be accumulated, contrary to the

corporate officer, to wit, on the 15th January. The provisions of this act, go to, and be received by, such per- day in such case is material; and then its being laid son or persons as would have been entitled thereto if such

under a videlicet does not make any difference. (Rex accumulation had not been directed.” Now, as the act v. York, 5 T. R. 66). A return to such a mandamus, expressly permits accumulation for one of two periods,

that the corporation were not duly assembled to proceed namely, the life of the grantor, or twenty-one years

to the election of a recorder, is bad, because it contains afterwards, the clause above cited can only mean to

a negative pregnant. Where the writ sets forth all the direct the destination of the funds directed to be ac

proceedings of the election, concluding “by reason cumulated, for the excess beyond either of those periods; 1

$ 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 not the words only, or

not the words only, or it will be bad. A return to a accumulation for either of the periods mentioned, it is mandamus to restore, that the prosecutor was not duly not a direction to accumulate contrary to the provisions elected, ad

elected, admitted, and sworn, was held ill. (Rex v.

Lyme Regis, Doug. 79). Repugnancy in a return will the 1st section. Nevertheless, however clear the con

vitiate it; therefore a return which first admits an elecstruction of a statute may appear, it is always satis

tion, and then avoids it by stating that there was no factory in practice that it should rest upon express

election at all, is bad. (Rex v. Norwich, 2 Salk. 436; authority, and that is now furnished by the case above Reg. v. Old Hall Manor, 10 Ad

Reg. v. Old Hall Manor, 10 Adol. & Ell. 248). So referred to.

will an argumentative return. (Rex v. Hereford, 6

Mod. 309; Rex v. Raines, 3 Salk. 233). To a manGENTLEMEN CALLED TO THE BAR.

damus to restore the under-schoolmaster of a grammar

school, a return that the party had never taken the The following Gentlemen have been called to the de

oaths appointed to be taken without specifying them, gree of Barrister at Law:

is bad, for non constat they are illegal. (Rex v. MorLINCOLN'S INN. Jan. 30.-James Keene Hawkins, peth Bailiffs, 1 Str. 58). If a custom to remove ad Esq.; Joshua Toulmin Smith, Esq.; George Williams libitum be returned by way of recital only, it will be Leech, Esq.; Francis Williams Clarke, Esq.; James bad. (Rex v. Coventry, 2 Salk. 430). It must appear Wilberforce Stephen, Esq.; Henry Kennedy, Esq. positively. If the return do state that the party was

INXER TEMPLE.-George R. Clarke, Esq.; James summoned, it will be bad. (Rex v. Gaskin, 8 T. R. Stansfield, Esq. ; John Spencer, Esq.; Edmund H. Dickinson, Esq.; Charles John Bunyon, Esq.; Charles

209). So, where the return sets out the cause of a Riley, Esq.; William Henry Smyth, Esq.; Edward

motion to be non-attendance at corporate meetings for Sykes, Esq. ; Robert B. Mansfield, Esq.; Alfred Ha the purpose of electing officers, it must be shewn that milton, Esq.; Augustus F. Boyce, Esq.; Henry D. the attendance of the party amoved was requisite, and Macleod, Esq.; Frederick Peel, Esq.

that he had a right to concur and take part in the elecMIDDLE TEMPLE.-George Tennant, Esq.; John Jer- tion, and ought to have obeyed the summons, othervis, Esq.; William Tapping, Esq.; George Frederick wise it will be bad. (Rex y. Lume Regis. Doug. 168). Speke, Esq.; Charles Chandos Póle, Esq.; Thomas Harrison, Esq.; John German, Esq.; John Brewer,

To a mandamus to restore to the place of alderman, Esg.: Jóhn Oliver Surtees. Esa.: Reginald Fowler if the return do not set forth a total desertion from the Esq.; George Pearson Wilkinson, Esq., John Corsbie, place of which the party was amoved, it will be bad. Esq. ; John Charles Frederick Sigismund Day, Esq.; | (Rex v. The Corporation of Leicester, 4 Burr. 2087). It Charles Edward Hawkins, Esq.; Francis Halhed, Esq. should appear upon the return that the body removing

GRAY'S INN, Jan. 24.-James Fallon, Esq. Jan. 30. had proved the charge for which the memher was re-Frederick James Furnivall, Esq.

moved: it is not sufficient to state merely that he was

present when the charge was made, and did not deny it. The Right Hon. Sir Thomas Wilde, Knt., Lord (Rex v. Faversham, 8 T. R. 209). To a mandamus to Chief Justice of her Majesty's Court of Common Pleas, swear in church wardens, a return of lis pendens is bad, at Westminster, has appointed Edwin Ball, Gent., of Pershore, Worcestershire, to be one of the Perpetual

though accompanied with very special circumstances, Commissioners for taking the acknowledgments of deeds

(Rex v. Harris, 1 Bl. Rep. 430; . C., 3 Burr. 1420). to be executed by married women, in and for the

| Where a charter of incorporation directed that those county of Worcester, also in and for the counties of entitled to be burgesses should make application to the Warwick and Gloucester.

| mayor and commonalty on a day certain in each year,

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and at no other time, and then make due and legal Wednesday 29 Second Seal.—Appeal Motions and proof of their qualifications; and A. and B., claiming to |


Thursday ., March 1 Appeals. be admitted burgesses, made application to the mayor and commonalty on the charter-day, and offered to

of (Petition-day).—Petitions (unopposed) Friday .......

and Appeals. make due and legal proof of their qualifications, but Saturday .....

Monday...... their applications were not heard nor proofs received,

Tuesday........ 6 Appeals. on account of the time having been spent in other busi- / Wednesday ....... ness; a return to a mandamus to the mayor and com- Thursday monalty to enter an adjournment to a subsequent day, Friday .......

OS (Petition-day).- Petitions (unopposed) to receive and examine the qualifications of the candi- | Saturday .....

? and Appeals.

107 dates, "that it was impossible for A. and B., before the Monday.... 12 > Appeals. expiration of the charter-day, to make due and legal Tuesday........ proof, &c., according to the intent of the charter, by Wednesday ..... 14

us Third Seal.—Appeal Motions and Ap

peals. reason of the day being consumed in the necessary Thursday ......

15 Appeals. business of the borough, and that the mayor and com

Friday .......

16S (Petition-day).–Petitions(unopposed) monalty were not authorised to hear such proof on any

" and Appeals.

Saturday ....... 177 other day than the charter-day,” &c., was held bad.

d. Monday........ (Rex v. Carmarthen, 1 M. & S. 697). To a mandamus Tuesday... 20 Appeals. to swear A. and B. church wardens, non fuit debito Wednesday modo elect is a bad return. (Reg. v. Twitty, 2 Salk. | Thursday 433; Reg. v. Guise, 2 Lord Raym. 1008). So, a return Friday .........

23 (Petition-day).-Petitions (unopposed)

and Appeals. to a mandamus commanding defendant to take upon Saturday ....... himself the office of common-councilman of the borough Monday ........ 26 > Appeals. of Leicester, “that, by a bye-law, persons refusing to ye-law, persons refusing to Tuesday ........

28 Fourth Seal.-Appeal Motions and fill that office are subject to a certain fine, and that de- / Wednesday .... 28{ " fendant had paid the fine,” was holden insufficient, be- Thursday ...... 29 General Petition-day. cause it omitted to state that the fine was in lieu of ' The Court will rise on Wednesday, the 4th of April. service. (Rex v. Bower, 1 B. & C.585). So, a return

N.B.-Such days as his Lordship sits on Appeals in the stating an excuse for not complying with a peremptory House of Lords excepted. 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;

Vice-Chancellors' Courts. S.C., nom. Reg. v. Ledgard, 1 Adol. & Ell., N. S., 616). A return to a mandamus denying the matters

Before the VICE-CHANCELLOR OF ENGLAND, at of the writ with a protestando is ill. (Rex v. The Bristol

Lincoln's Inn. Dock Company, 9 D. & R. 609; S. C., 6 B. & C. 181). Thursday .... Feb. 8 First Seal.-Motions. (To be continued.)

Friday ......... 9

S (Petition-day).-Petitions, (unopposed

first), Short Causes, and Causes. Saturday ...... 10) Monday........

| Pleas, Demurrers, Exceptions, Causes, Court Papers.

Tuesday........ 13}

and Further Directions. Wednesday .....


(Petition-day).-Petitions, (unopposed Friday .........

1° first), Short Causes, and Causes. 12 Vict. 1849.

Saturday ....... 177

Court of Chancery.

Tuesday .......

Pleas, Demurrers, Exceptions, Causes, Wednesday

and Further Directions. Before the LORD CHANCELLOR, at Lincoln's Inn.

Thursday ......
Pob & First Seal.— Appeal Motions and Ap-

(Petition-day).-Petitions, (unopposed

Friday ........ peals.

w first), Short Causes, and Causes. Friday ......... af (Petition-day).-Petitions (unopposed) Saturday ......

24 Pleas, Demurrers, Exceptions, Causes, and Appeals.

Monday...... 26

T 107


and Further Directions. Tuesday .......

Wednesday ..... 28 Second Seal.-Motions. 13 ŞAppeals.

S Pleas, Demurrers, Exceptions, Causes, Thursday ., March 1{"

c ) and Further Directions.

Š (Petition-day).-Petitions, (unopposed 16 5 (Petition-day).--Petitions (unopposed) Friday ........

Friday ..

first), Short Causes, and Causes. " and Appeals.


Monday ........ 19

Tuesday .....

Pleas, Demurrers, Causes, Exceptions, 20 Appeals.


and Further Directions.

Thursday ... 22

T (Petition-day).--Petitions, (unopposed 92 S (Petition-day).-Petitions (unopposed)

Friday .....

first), Short Causes, and Causes. WT and Appeals.

Saturday ..... Saturday .....

10 | Pleas, Demurrers, Exceptions, Causes, Monday......

and Further Directions. 26 Appeals.

Tuesday ........ 13 Tuesday........ 27)

Wednesday ..... 14 Third Seal.-Motions.


Saturday ..... Monday......



Wednesday Thursday ...


Saturday ..... Monday.... Taesday.... Wednesday.. Thursday... Friday .......


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