Wm. Wall, Bridenbury, Herefordshire, cattle dealer.--J. Spence, Queen-street, Charles-square, Hoxton, Middlesex, dealer in china.-William Stephens, Leigh, Worcestershire, blacksmith.-Wm. Walker, London-wall, London, and Regent-street, City-road, Middlesex, paper stainer.-William S. Martin, Brighton, Sussex, brush maker.-Thomas Ward, Smethwick, Staffordshire, railway pin manufacturer.-James Thomas, Newport, Monmouthshire, apothecary.—John Borer, Exmouth-street, Clerkenwell, Middlesex, grocer.-William Sugden, Thomas-place, Gravel-lane, Southwark, Surrey, stonemason. --Samuel Newton, Burnley, Lancashire, porter dealer. George Greenstock, Weston-super-Mare, Somersetshire, ironmonger.-C. E. Pearse, Bodmin, Cornwall, grocer. -Alfred Binyon, Tavistock-street, Covent-garden, Middlesex, music seller.-John Lord, Cramshaw Booth, Lancashire, cotton manufacturer.-Fred. Clark, Baker-st., Portman-sq., Middlesex, auctioneer.-C. T. Chapman, Cambridge, liverystable keeper.-Fred. Elphick, Castle-street East, Oxford-wark, Surrey, gentleman. market, Middlesex, glass cutter.

At the County Court of Berkshire, at READING, March 12. LAW.-A GENTLEMAN, who passed his examination Francis Brangwing, Beenham, near Reading, out of busi

ness.

MEETING.

last Term, is desirous of an ENGAGEMENT as CONVEYANCING CLERK, under the Superintendence of the Principal. Address, A. S. F., 32, Upper Norton-street, Regent's-park.

SHARES IN THE LAW LIFE, LAW FIRE, LEGAL AND GENE-
RAL, AND EQUITY AND LAW INSURANCE OFFICES.

Henry Wilson, Grove-lane, Camberwell, Surrey, grocer,
March 9 at 11, Court-house, Portugal-street, Lincoln's-inn- MR. HAMMOND will submit to AUCTION at his Great

fields, London, pr. d.

A

SIR EDWARD SUGDEN'S NEW WORK.

Just published, in 1 vol. royal 8vo., price 17. 11s. 6d. cloth bds.,
TREATISE on the LAW of PROPERTY, as adminis-

Rooms, No. 28, Chancery-lane, on WEDNESDAY, February 28th, at 12 for 1 precisely, 220 SHARES in the above flourishing OFFICES. Auction Offices, 28, Chancery-lane.

EXCELLENT BUSINESS AND RESIDENCE CHAMBERS.

tered by the HOUSE of LORDS. With an Introductory MR. HAMMOND has Instructions to SELL by AUCTION

Chapter on the Jurisdiction of the House of Lords. By the Right Hon.
Sir EDWARD SUGDEN.

S. Sweet, 1, Chancery-lane.

WILLIAMS'S PRINCIPLES OF THE LAW OF REAL
PROPERTY.

Just published, in 1 vol., the Second Edition, price 16s. cloth,

at his Great Rooms, No. 28, Chancery-lane, on WEDNESDAY, February 28th, at 12 for 1, SIX excellent SETS of BUSINESS and RESIDENCE CHAMBERS, in Verulam-buildings, Gray's-inn-square, and South-square, Gray's-inn, producing 2541. per annum. Particulars and Conditions of Sale at the Steward's Office; of R. S. Taylor, Esq., 3, Fieldcourt, Gray's Inn; and at the Auctioneer's Offices, 28, Chancery-lane.

PRINCIPLES of the LAW of REAL PROPERTY,
Intended as a First Book for the use of Students in Conveyancing. DEEDS for EXECUTION ABROAD.-Messrs. J. & R.

The Second Edition. By JOSHUA WILLIAMS, Esq., Barrister at
Law.

S. Sweet, 1, Chancery-lane.

Of whom may be had,

LAW OF PERSONAL PROPERTY.

PRINCIPLES of the LAW of PERSONAL PROPERTY; intended for the Use of Students in Conveyancing. By JOSHUA WILLIAMS, Esq., of Lincoln's Inn, Barrister at Law. In 1 vol., 8vo., price

14s. bds.

On Tuesday will be published, in 1 vol. 8vo., price 10s. 6d.,

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.

QUESTIONS for LAW STUDENTS on the Second Edi-LONDON AND PROVINCIAL LAW ASSURANCE

tion of Mr. SERJEANT STEPHEN'S NEW COMMENTARIES on the LAWS of ENGLAND. By JAMES STEPHEN, Esq., of the Middle Temple, Barrister at Law.

Lately published, in 4 vols. 8vo., price 41. 4s.,
(Dedicated, by permission, to her Majesty the Queen),
MR. SERJEANT STEPHEN'S NEW COMMENTARIES on the
LAWS of ENGLAND, partly founded on BLACKSTONE. Second
Edition.
Henry Butterworth, Law Bookseller and Publisher, 7, Fleet-street.
HOUSE OF LORDS CASES.-NEW SERIES.

CASES heard and decided upon APPEAL to the HOUSE
of LORDS. Reported (by appointment of the House) by
CHARLES CLARK, Esq., and WILLIAM FINNELLY, Esq., M.A.,
Barristers at Law. Vol. 1, Parts I, II, and III.

These Reports having been so long before the Profession, the Publishers are relieved from the task of pointing out their excellence, but appeal with pleasure to the numerous volumes of cases already reported by the same learned gentlemen, as a guarantee for the manner in which this New Series will be executed. Containing, as these Reports will, a review of the decisions of the very eminent persons who now fill the judicial seats, as well as the arguments of the most eminent of the English Bar in the Courts below, the Publishers look forward with confidence to a large increase of subscribers to these Reports, which are now the only and the authorised Reports of the highest tribunal in the kingdom. Part IV, price 11s. 6d., is now ready.

Spettigue & Farrance, Law Booksellers and Publishers, 67, Chancery. lane.

This day is published, in 4 vols. cloth, price 27. 12s. 6d., (Dedicated, by permission, to The Right Honorable the Lord Chancellor),

SOCIETY.

No. 32, NEW BRIDGE STREET, BLACKFRIARS, LONDON.
Capital £1,000,000.

DIRECTORS.

ADDAMS, RICHARD, Esq., Doctors' Commons.
ASHLEY, The Hon. ANTHONY JOHN, Lincoln's Inn.
BACON, JAMES, Esq., Q. C., Lincoln's Inn.
BELL, WILLIAM, Esq., Bow Church-yard.
BENNETT, ROWLAND NEVITT, Esq., Lincoln's Inn.
BOWER, GEORGE, Esq., Tokenhouse-yard.
BUTT, GEORGE MEDD, Esq., Q. C., Temple.
CHOLMELEY, STEPHEN, Esq., Lincoln's Inn.
CLARK, JOHN, Esq., Sessions House, London.
EYRE, WALPOLE, Esq., Bryanstone-square.
FANE, WILLIAM DASHWOOD, Esq., Lincoln's Inn.
FREEMAN, LUKE, Esq., Coleman-street.
GASELEE, Mr. SERJEANT, Serjeants' Inn.
HOPE, JAMES ROBERT, Esq., Temple.
HUGHES, HENRY, Esq., Clement's Inn.
JAY, SAMUEL, Esq., Lincoln's Inn.

JONES, JOHN OLIVER, Esq., John-street, Bedford-row.
LAKE, HENRY, Esq., Lincoln's Inn.

LAW, HENRY SHEPHARD, Esq., Bush-lane.
LEFROY, GEORGE BENTINCK, Esq., Piccadilly.
LOFTUS, THOMAS, Esq., New Inn.
MARTEN, GEORGE, Esq., Mincing-lane.
PARKE, JAMES, Esq., Lincoln's-inn-fields.

PARNTHER, MICHAEL SMITH, Esq., Fenchurch-street.
PEACOCK, BARNES, Esq., Temple.

PICKERING, EDWARD ROWLAND, Esq., Lincoln's Inn.

COMMENTARIES on the LAWS of ENGLAND, by REEVE, PHILIP, Esq., Lincoln's Inn.

Sir WILLIAM BLACKSTONE, Knt. The Twenty-second Edition.
Edited by JAMES STEWART, Esq., Barrister at Law.
The peculiar features of this edition are as follow:-

1. The whole of the original text of Blackstone is preserved, after a collation with the best editions; and the original authorities have been carefully examined and verified.

2. The alterations in the law by statute and decision are incorporated into the text.

3. The arrangement of Blackstone's Commentaries is preserved, and reference is made in the side margin to the original paging; thus giving an easy mode of referring to any previous edition.

"Mr. Stewart, by incorporating the alterations of the laws with the text of Blackstone, and in all other respects leaving his original unaltered, has succeeded in making it a clear and uniform statement of the law at the present day; while it preserves all the merit and authority which belong to its illustrious author. Mr. Stewart throughout admirably preserves the character of the book, as an elementary work designed to give one clear definite impression to a person previously unacquainted with the subject. We are, therefore, not at all surprised to learn, that, notwithstanding the numerous editions of Blackstone published, a complete

Second Edition of Mr. Stewart's work has now been called for. At a time when both legal and general education is occupying the public attention to an unprecedented degree, Mr. Stewart's work is peculiarly fitted to aid the Inns of Court in their exertions to promote the study of the law, and to supply the Universities with a class book in carrying out the system of more extended education. In concluding our notice of this, the First Volume, (the last of the Second Edition), we must not omit to say, that, though Mr. Stewart had in this part of his work to write much calculated to provoke the controversial spirit, he has, nevertheless, rigidly abstained from offering any political opinions of his own, and steadily pursued the aim he set out with-to present the professional student and the gentleman of liberal education with the clearest and complctest analytical view of the Law and the Constitution. We have only to add, that we think Mr. Stewart has been completely successful in attaining his end." See The Standard, Feb. 19, 1849.

Spettigue & Farrance, Law Booksellers and Publishers, 67, Chancerylane.

ROLT, JOHN, Esq., Q. C., Lincoln's Inn.
STEWARD, SAMUEL, Esq., Lincoln's-inn-fields.
TILLEARD, JOHN, Esq., Old Jewry.
TURNER, FRANCIS, Esq., Lincoln's Inn.
TYRRELL, TIMOTHY, Esq., Guildhall.
VIZARD, WILLIAM, Esq., 61, Lincoln's-inn-fields.

WHITE, THOMAS, Esq., Bedford-row.

WICKENS, JAMES STEPHEN, Esq., Mortimer-street, Cavendish-sq.
WROTTESLEY, The Hon. WALTER, Lincoln's Inn.

PHYSICIAN.-H. PITMAN, M. D., Montague-place.
SOLICITORS.

H. D. WARTER, Esq., Carey-street, Lincoln's Inn.
ROBERT CURLING, Esq., Frederick's-place, Old Jewry.
All the usual advantages given by other Assurance Societies will be
found at this Office, and every variety of Proposal for Assurance and for
Payment of Premiums entertained.
Annuities granted.

Prospectuses, &c. may be had at the Office, or will be forwarded on
application to the Secretary.
JOHN KNOWLES, Esq., Secretary.

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, February 24, 1849.

No. 634-VOL. XIII.

MARCH 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:—

LONDON, MARCH 3, 1849.

In a very recent case (Skarff v. Soulby, 13 Jur. 89) the question of the extent to which a man must be indebted in order to make a voluntary settlement void against creditors, was discussed; and it is to be gathered, that, in the opinion of the Court, it is not necessary to shew that a party is indebted to the extent of insolvency-it is enough to prove that he was indebted. The cases on this subject are not very precise in their language; perhaps it would be difficult judicially to lay down any precise rule: but a principle may be collected from them, and we shall endeavour to shew what that principle is.

..

Inn; and

Appeals under Registra- (J. R. BULWER, Esq. of the Inner
tion of Voters Act.. Temple, Barristers at Law.
[W. M. BEST, Esq. of Gray's Inn,
Barrister at Law.

Court of Exchequer...{

Ecclesiastical and Admi- f J. P. DEANE, D.C.L. of Doctors'
Commons.
ralty Courts

......

COOPER, Esq. of the Inner

Cases in Bankruptcy.... {Temple, Barrister at Law.

Crown Cases Reserved..

ROBERT R. PEARCE, Esq. of
Gray's Inn, Barrister at Law.

lected from the circumstances, whether the party made the deed to hinder and delay his creditors. In that case it was proved, that the settlor was indebted, not to the extent of actual insolvency, but, as it is termed in the judgment, he was distressed at the time, and no motive could be shewn for the deed, but the apprehension that, in default of it, his property would go to his creditors. The statute, (13 Eliz. c. 5), it will be recollected, does not speak at all of the grantor being indebted or not, but avoids fraudulent deeds, which have been made of malice, &c., or to the end, purpose, and intent to delay, hinder, or defraud creditors or others of their just and lawful actions, &c. The question, therefore, indebted or not, and to what extent indebted, is material only as In Townsend v. Westacott (2 Beav. 340) it was con- evidence of the intention with which the deed was tended on the one side, that, if a man is indebted made. The language of Lord Hardwicke, in Townsat all when he makes a voluntary settlement, the hend v. Windham, (2 Ves. sen. 1), certainly would go deed is bad against creditors; this principle the Court the length of taking the mere fact of being indebted at wholly repudiated. It was contended on the other the time, as the test of the deed being good or not. “I side, that a party must be shewn to have been in- know no case," he says, "on the 13 Eliz., where a man debted to the extent of actual insolvency; and this indebted at the time, makes a mere voluntary conprinciple the Court also repudiated, but the Court did veyance to a child without consideration, and dies innot lay down any positive rule. The facts were, that debted, but that it shall be considered as part of his the settlor was, at the time of making the settlement, estate for the benefit of his creditors." But then his largely indebted, and in less than three years afterwards Lordship explains, in a subsequent passage, what he he became insolvent, and there was no satisfactory means, when he says, "A man actually indebted, and evidence as to what was the actual state of his pro- conveying voluntarily, always means to be in fraud of perty at the time of the settlement. No decree, except creditors, as I take it." So that Lord Hardwicke looks a mere decree for inquiries, was made, because the ex- at the fact of being indebted as the evidence that the istence of the settlor's debts was not sufficiently put in deed was made with intent to hinder. Now, Lord issue. In Richardson v. Smallwood (Jac. 552) it was Hardwicke could not have meant to say, that, if a man held, that it is not necessary to prove the party ac-possessed of an estate worth 20,000l., owes 50007., and tually insolvent. The decision was not, on the other then settles voluntarily 50007., leaving 10,0007. clear, hand, put on the ground that it is sufficient to shew he his being indebted in 5000%., and having 15,000l. to pay was simply indebted, but on this-that it is to be col-it with, is evidence of the settlement being with

VOL. XIII.

H

PRESENT STATE OF THE LAW OF JOINT-
STOCK COMPANIES, COMPLETELY REGIS-
TERED UNDER THE STATUTE 7 & 8 VICT.
c. 110.

Until lately it was supposed, that, since as before the passing of the Joint-stock Companies Registration Act, (7 & 8 Vict. c. 110), all companies, whatever might be the number of the members or partners, and of whatwhich were not incorporated by act of Parliament or by ever nature or extent might be the object undertaken, royal charter, or privileged by letters-patent, (under 1 Vict. c. 73), were in law, as regarded the mode in which they should incur liabilities to the public, and the extent to which the funds of the individual memof such liabilities) should be affected, not materially bers (within certain limits, relating to the direction different from ordinary partnerships, consisting of two or three partners, and undertaken for private purposes. It now appears, however, from some recent decisions, that a company, completely registered under the 7 & 8 gular way of ordinary business, incur the heaviest liaVict. c. 110, may, by its agent, acting in the most rebilities, and yet, provided they can shew that the acts of their agent, who has been so acting for them in the face of the world, are not in strict conformity with the authority given by their deed of settlement, may be able to set up that act as a defence against being com

an intent to hinder creditors. His Lordship must
have meant by indebted, indebted to that extent,
that, in the language of Richardson v. Smallwood, a
state of distress, or that state of circumstances, exists,
in which a man must be supposed not to denude
himself of property without incurring visible risk
of hindering creditors, if his deed should stand good.
If that were not so, it would be scarcely possible
for a man, in any state of circumstances, ever to make
a valid voluntary settlement; for, as observed by Lord
Langdale, in Townsend v. Westacott, (2 Beav. 344),
"There is scarcely a man who can avoid being indebted
to some amount. He may intend to pay every debt as
soon as it is contracted, and constantly use his best en-
deavours, and have ample means to do so, and yet may
be frequently, if not always, indebted in some small
sum." In all the cases, we believe, before Skarff v.
Soulby, in which a voluntary settlement has been set
aside, the settlor has been considerably indebted-in-
debted to that extent, that great doubt of his actual or
continuing solvency must have been imputed to him;
and the doctrine, that being merely indebted will avoid
a deed, is rather the result of dictum than of decision.
In Richardson v. Smallwood there had been a continuing
state of debt for a long time. So, in Whittington v.
Jennings (6 Sim. 493); and in Lord Townshend v. Wind-pelled to meet them.
ham, it must be collected that the settlor was largely
indebted, and it does not appear that he had any con-
siderable means of providing for his debts, except the
very estate conveyed. The doctrine laid down in Kid-
ney v. Coussmaker, (12 Ves. 136), that a voluntary set-
tlement is only void as against creditors who were cre-
ditors at the time, qualified as it has been by subse-
quent cases, to this extent, that the deed can only be
set aside at the instance of persons who were creditors
at the time, (see Ede v. Knowles, 2 You. & C. 178),
supports the view that we are taking, that what the
Court looks for is proof that the settlor was so indebted,
that an inference arises in favour of his having settled
his property with a view to delay creditors-an inference
which justly arises, where it is found that, in fact, the
debts which existed at the time of the settlement have
not been paid since, but which does not justly arise if
the debts which then existed have been paid in due
course. We conceive, on the whole, that the true prin-
ciple to be collected from the cases is this-that, in order
to set aside a voluntary settlement under the 13 Eliz., it
must be shewn that the settlor was at the time in such
circumstances that inability to pay his debts was actu-
ally existent, or reasonably to be apprehended by him,
so that a presumption arises that the settlement was
made with intent to hinder creditors; that indebted
or not indebted, and the extent to which the settlor was
indebted, are merely evidence from which the Court
will conclude that such a presumption arises; and that
a trifling debt, due at the time of the settlement, and
remaining unpaid, if it were shewn that at the time.
of the settlement the settlor was abundantly solvent,
would not be sufficient to set aside the deed.

MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the High Court of Chancery:-William Foard Tribe, of Worthing, Sussex; Thomas Ames Hill, of Paulton, Somersetshire; Arthur Parsons, of Nottingham.

In the cases of Ridley v. The Plymouth Grinding Company, and The King's Bridge Flour-mill Company v. The Same, (12 Jur. 542, 545), in the Court of Exchequer, at the Sittings in Banc after Trinity Term, 1848, it was, among other points of importance, decided, that in an action against a joint-stock company, completely registered under the stat. 7 & 8 Vict. c. 110, on a contract made in their name, the deed constituting the company, a copy of which has been delivered to the registrar on complete registration, is receivable in evidence, to shew what persons have power to act for the company; and that where, by the terms of such deed, of eleven directors, (five of whom are to be a quorum the management of the company is committed to a board for the dispatch of business), the acts of the board are not evidence to bind the company, unless it be shewn that at least five directors were present. In the same cases it was held, that a contract, entered into by such company, without all the formalities required by the 44th section of the act, 7 & 8 Vict. c. 110, may be enforced against the company, though not by them. It does not seem very easy to reconcile these two decisions, or to reconcile the former of them with the act in question. The result, however, is, that (unless it should be held that all contracts, having the requisites enumethe only safe mode of dealing with such companies will rated in the 44th section, shall be valid and effectual) be to inspect first their deed of settlement. This proceeding would be attended with such a degree of trouble, expense, and loss of time, that, in the recent case of Smith and Others v. The Hull Glass Company, at the Nisi Prius Sittings at Guildhall, on the 11th November last, Mr. Justice Cresswell, in charging the jury, (the above-mentioned case of Ridley v. The Plymouth Grinding Company having been cited to him), said, "There The results of this case will make such companies rather is a new mode of constituting joint-stock companies. worse than better off than they were before. It will now be very difficult to make a contract with any joint-stock company, except with ready money."

In the case cited above, (Smith and Others v. The Hull Glass Company), the action was brought to recover 1777. 8s. 6d., in respect of a quantity of zafres, a species of unrefined ore of cobalt glass, used in the manufacture of coloured glass, supplied to the defend