Before VICE-CHancellor KniGHT BRUCE, at Lincoln's Inn. JAMES YOUNG, Bury St. Edmunds, Suffolk, tobacconist Saturday.... Nov. 1 Bankrupt Petitions.

street, Bethnal-green, Middlesex, assistant to a coal dealer,
No. 57,628 T.; Robert Gamman and John Cooper, assignees.
-Benjamin Johnson, Erith-cottage, New-cross, Deptford,
Kent, builder, No. 57,641 T.; William King, assignee.-Jo-
seph M'Cartney, Manchester, out of business, No. 66,532 C.;
Thomas Fothergill, assignee.- Samuel Collins, Heswall, near
Park-gate, Cheshire, blacksmith, No. 66,855 C.; Jos. Massy,
assignee.-Wm. Petherick, Truro, Cornwall, dealer in ale,
No. 66,046 C.; John Tippet, assignee.-Richard Jones,
Great Malvern, Worcestershire, builder, No. 66,754 C.; Wm.
Pullen, assignee.-Thomas Leadson, Liverpool, out of bu-
guess, No. 66,828 C.; Thomas Woodburn, assignee.-Edw.
Tyler, Eton, Rutlandshire, farmer, No. 66,864 C.; J. Draper,
Mackinder, assignee.-S. M. Bartlett, Bartholomew-close,
West Smithfield, London, commercial traveller, No. 57,582
T.; Josiah Bates, assignee.

Saturday, August 9.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons :-
(On their own Petitions).

Richard Frost Burton, Meadow-place, Kennington-oval, Kennington, Surrey, assistant to a grocer: in the Gaol of Sur. rey-Thos. B. Wick, Vauxhall-street, Surrey, clerk to an cuctioneer in the Debtors' Prison for London and Middle

GEORGE FREDERICK KERSCHNER, Castle Inn, Holloway, Middlesex, victualler, dealer and chapman, Aug. 22 at half-past 10, and Sept. 30 at 12, Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Fisher, 35, Queensquare, Bloomsbury.-Fiat dated Aug. 7.

JOHN MARSH, Brewood, Staffordshire, grocer, Aug. 23 and Sept. 20 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sol. Robinson, Wolverhampton.-Fiat dated July 23.

JOHN CADOGAN, jun., Brecon, Breconshire, hat, shoe, and stay warehouseman, dealer and chapman, Aug. 29 and Oct. 2 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sol. Adamson, 29, Ely-place, London. -Fiat dated Aug. 11.

JACOB RICHARD OWEN, Manchester, stock and share broker, dealer and chapman, Aug. 25 and Sept. 5 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Hobson; Sols. Hitchcock & Co., Manchester; Gregory & Co., 1, Bedford-row, London.-Fiat dated Aug. 9.

MEETINGS.

Joseph Green, Birmingham, merchant, Sept. 25 at halfpast 10, District Court of Bankruptcy, Birmingham, pr. d.Thomas Danson, Liverpool, merchant, Aug. 26 at 11, District Court of Bankruptcy, Liverpool, ch. ass.-James Macwilliam, Gloucester, hosier, Sept. 5 at 12, District Court of Bank*1.-Robert Chapman, Harp-lane, Thames-street, London, ruptcy, Bristol, aud. ac.-William Coleman, Crediton, Decooper: in the Debtors' Prison for London and Middlesex.vonshire, victualler, Sept. 11 at 1, District Court of BankHeary Cove, Tunbridge-street, Tunbridge-place, New-road, ruptcy, Exeter, aud. ac.; Sept. 12 at 1, div.-A. Brooks, Middlesex, cattle jobber: in the Debtors' Prison for London Newport, Shropshire, scrivener, Sept. 20 at 11, District Court and Mildlesex.-Charles Genney, York-place, Barnsbury of Bankruptcy, Birmingham, aud. ac. and fin. div. park, Islington, Middlesex, bricklayer: in the Debtors' Prison for London and Middlesex.-Thomas Vincent, Syer'sterrace, Vauxhall, Surrey, out of business: in the Gaol of Surrey.-John Fox, Liverpool, assistant in a public-house : in the Gaol of Lancaster. Richard Green, Didbrook, near Winchcomb, Gloucestershire, blacksmith: in the Gaol of Gloucester-Alice Hall, Hill Top, Blakeley, near Manchester, widow, out of business: in the Gaol of Lancaster.

Court-house, AYLESBURY, Buckinghamshire, Aug. 27 at 10.
John Thorne, Chelsea, Linslade, straw plait dealer.-John
Turrey, Long Crendon, near Aylesbury, needle maker.

INSOLVENT DEBTORS' DIVIDENDS.

A. H. Kerschner, New Church-court, Strand, Middlesex, Ecensed victualler: 78. 74d. in the pound.-William Iveson, Hedon, Yorkshire, farmer: 3s. 6d. in the pound.-Antoni &idarini, Oundle, Northamptonshire, clock maker: 1s. 74d. in the pound.

Apply at the Provisional Assignee's Office, Portugal-street,
Lincoln's-inn-fields, between the hours of 11 and 3.
MEETINGS.

Thomas Cowper Sherwin, R. N., Aug. 23 at 12, Court-
house, Portugal-st., Lincoln's-inn-fields, pr. d.-Humphrey
Crexicke, Bristol, out of business, Aug. 29 at 12, Rummer
Hotel, Bristol, sp. affairs.

FRIDAY, August 15.

BANKRUPTS. JOSEPH LAZARUS, Mary-le-bone-lane, and Wigmore-st., Cavendish-square, Middlesex, dealer in new and second hand clothes, Aug. 22 at 2, and Sept. 26 at half-past 11, Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. Lewis & Lewis, Ely-place.-Fiat dated Aug. 11. WILLIAM PARSONS, Wood-street, Princes-road, Lambeth, Surrey, corn dealer, dealer and chapman, Aug. 26 at half-past 1, and Sept. 25 at 11, Court of Bankruptcy, London: Off. Ass. Alsager; Sols. M'Leod & Stenning, Londonstreet, Fenchurch-street.-Fiat dated Aug. 4. DAVID DAVIS, Jermyn-st., St. James's, Middlesex, dealer in regimental and court dresses and wearing apparel, Aug. 22 at half-past 11, and Sept. 25 at 11, Court of Bankruptey, London: Off. Ass. Belcher; Sols. Lewis & Lewis, Elyplace, Holborn.-Fiat dated Aug. 11. JOHN TEMPLE TAYLOR and THOMAS PANTRY WATKINSON, York-terrace, Regent's-park, Middlesex, and Watling-street, London, plumbers, dealers and chapmen, Aug. 26 at 11, and Oct. 2 at 12, Court of Bankruptcy, London: Off. Ass. Pennell; Sols. Grimaldi & Co., Copthall-court.-Fiat dated Aug. 12.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on the
Day of Meeting.

Thomas Clarkson, jun., Charles-street, Middlesex-hospital, Middlesex, upholsterers' warehouseman, Sept. 5 at 1, Court of Bankruptcy, London.-Frederick L. Cole, Fenchurch-street, London, wine merchant, Sept. 6 at half-past 11, Court of Bankruptcy, London.-John Commins, Weymouth, Dorsetshire, bookseller, Sept. 5 at 1, District Court of Bankruptcy, Exeter.-Francis Ridd, Nether Stowey, near Bridgewater, Somersetshire, surgeon, Sept. 5 at 1, District Court of Bankruptcy, Exeter.-William Nell, Ardwick and Manchester, common brewer, Sept. 8 at 12, District Court of Bank.. ruptcy, Manchester.-Charles Newell, Idle, Calverley, Yorkshire, linen draper, Sept. 9 at 11, District Court of Bankruptcy, Leeds.

To be allowed by the Court of Review in Bankruptcy, unless
Cause be shewn to the contrary on or before Sept. 5.

Charles Williams, Sunderland, Durham, currier.-Edward
M. Marks, Mortimer-street, Cavendish-square, and Stanhope-
street, Regent's-park, Middlesex, upholsterer.-Phil. Beyfus,
Houndsditch, London, importer of French goods.-Benjamin
Chandler, Stanmore, Middlesex, ironmonger.-Chas. Thos.
Hicks, Upper Thames-st., London, drug grinder.—William
Jones, Adelaide Gallery, Strand, Middlesex, commission agent.
SCOTCH SEQUESTRATION.

Charles Anderson & Son, Elgin, shoe makers.

INSOLVENT DEBTORS.
Wednesday, Aug. 13.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons :—
(On their own Petitions).

John Auger, sen., Little Mount-street, Walworth, Surrey, carpenter: in the Gaol of Surrey.-Alex. Lee, Lambethroad, near the Obelisk, Surrey, professor and teacher of music: in the Queen's Prison.-Geo. Threadgold, St. Matthew's-pl., and Warner-place, Hackney-road, Middlesex, bricklayer: in the Debtors' Prison for London and Middlesex.-Wm. Fear, Long-lane, Staple-street, Bermondsey, Surrey, machine sawyer: in the Gaol of Surrey.-John Jolly, Porchester-place, Oxford-square, Edgeware-road, Middlesex, coal dealer: in the Birmingham, auctioneer: in the Gaol of Warwick.-Thomas Hands, Pontypool, Monmouthshire, painter: in the Gaol of

Debtors' Prison for London and Middlesex.-Edw. Walker,

Monmouth.

INSOLVENT DEBTORS' DIvidends.

Susan Grant, widow, Woolwich, Aug. 16, Phillips's, Woolwich, and Messrs. Galsworthy & Nichols's, 9, Cook's-court,

SUPPLEMENT TO SWEET'S CONCISE PRECEDENTS In a few days will be published, in royal 8vo., price

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The Queen has been pleased to confer the honour of knighthood upon FitzRoy Kelly, Esq., her Majesty's Solicitor-General.

MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the high Court of Chancery:-Hyla Ashton Holden, of Birmingham; and Ralph Darlington, of Wigan, Lancashire.

Early in September will be published,

, stitched, relating to CONVEYANCING, with a Commentary. By GEORGE SWEET. Esq., of the Inner Temple, Barrister at Law.

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wmplify the Transfer of Property," and a copious Commentary. To
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A

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This day is published, price 78.,

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DIRECTORS.

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London.

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THE CONVEYANCING ACTS.

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Chambers, Montagu, Esq., Temple. Laing, the Rev. David, M.A., F.R. DEEDS for EXECUTION ABROAD.-Messrs. J. & R.

Courtenay, P. W., Esq., Temple.
Caldecott, Andr., Esq., Cheapside.
Dutton, R., Esq., Basinghall-street.
Ellis, Robt., Esq., Cowper's-court,
Cornhill.

Elliott, W., Esq., M.D., Stratford.
Fry, P. Wickens, Esq., Cheapside.
Gladstone, John, Esq., Stockwell
Lodge.

S., Cambridge-terrace.
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Sheppard, Alfred Byard, Esq.,
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Terrell, Thomas Hull, Esq., Lin-
coln's Inn.

Venning, Walter Charles, Esq.,
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No. 450-VOL. IX.

PRICE 18.

**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, AUGUST 23, 1845.

so oppresses the committees of the House of Commons, that they literally break down under it? That the EACH Succeeding year, during which the House of members of these committees are generally men of eduCommons tries its hand at the judicial department of cation and intelligence, is not to be denied. Many of railway business, shews more and more how unfit them are men of great powers of understanding and of at great assembly is for the transaction, by its own great energy: that they are in earnest in their work, is immediate interference, of such business. The compo- plain from the way in which they have laboured during tion and organisation of the railway committees of the last session; and yet they cannot govern and arthe past session have been infinitely superior to those range and dispose of the business brought before them! of the committees of preceding sessions. For the nu- The fault, we believe, is in the fundamental and inteerous, confused, and disjointed assemblages of mem- gral constitution of the committees. They fail, because ers formerly constituting the committees, taking up they are composed of unfettered members of the Legisa short time the business of railway investigation, lature, because they are not bound by rules to which that no set of members acquired practice in that spe- each and all can give obedience, because they are neities of business, have been substituted smaller bodies, ther armed with the settled powers, nor governed and in the nature of standing committees, giving their at-restricted by the settled rules, of courts of law; and we tention, as settled and almost permanent tribunals, to believe, that, not until they are constituted strictly railway business; and to this improved constitution of upon the system of judicial bodies, will they ever be the judicial bodies themselves, has been added the be-able satisfactorily to deal with the business of adjudiefit resulting from the grouping of schemes in given cating between the competing promoters and the oppomasses, under the jurisdiction of each particular com- nents of railway schemes. mittee; the result of the double improvement being, that the committees have assumed more the form of organised courts acting upon some settled system, and that the parties have known beforehand where their business was to be transacted, and, to some extent, when it was to be taken by the committees. Still, notwithstanding these improvements, and notwithstand ing the most meritorious industry of the several committees, the complaints have been long, loud, and repeated, of the time wasted in the transaction of railway business, of the enormous expenditure of money without fruit, and of the uncertainty and irregularity pervading the whole system. To what, then, are these evils owing, and how is it that business, certainly not complicated, although it may, for the time, be more massive, than the daily business of courts of law,

more

VOL. IX.

FF

The objection generally made to any suggestion for the transaction of any part of the business of the Legislature by persons not being members, is, that the Legislature cannot give up its jurisdiction; and if it were absolutely necessary, in order to remedy the evils arising from the transaction, by members, of business for which, by their habits and the very nature of their position, they are not well adapted, that the House should depart with any portion of its jurisdiction, no doubt that would be a very serious objection; but we apprehend that such abandonment of jurisdiction is not in any degree requisite. The business of railway committees is primarily judicial, and only in a very secondary degree legislative. In fact, it is no further legislative than that the members of the committee are members of the legislative body, and that the grounds of their de

not only without in the slightest degree impairing the powers or authorities of the Legislature, but much more to its credit and much more to the satisfaction of the public.

AFTER ANSWER, UNDER THE 13TH ORDER
OF 1828, AS AMENDED 1831.

Our readers will have seen in our last Number (p. 682) a case of Dean v. Hickinbotham, in which the construction of the famous 13th Order of 1828 and 1831 was the subject of contention. We propose in this paper to bring before our readers a resumé of the authorities, not for the purpose of offering any original or striking observations, for that we cannot, on such a subject, pretend to do, but merely that they may have before them at one glance a convenient statement of the principal authorities bearing upon the point.

The first in order is Evans v. Hughes, (5 Sim. 666). In that case the plaintiff had amended once, by adding a new party. After that party had answered, the plaintiff moved again to amend, not requiring any answer from the original defendant. The Vice-Chancellor held that the amended bill was to be considered as an ori ginal one with respect to the new defendant, and that the case was within the spirit of the 13th Order.

and

cisions, or more properly of their reports, have, in some measure, reference to those broad principles of policy on which new rights are to be conferred by the Legislature. Still, in the main, their business is nothing but judicial inquiry into the validity of the claims, which the parties contending before them seek to establish, to obtain the legal rights conferred by an act of Parliament. These ON SPECIAL ORDERS TO AMEND BILLS claims are of various kinds, but they are all to be supported by such evidence as will satisfy the committees whether they ought or ought not to report in favour of them. The committees are, therefore, simply referees of the House, instructed to obtain for the House the best evidence they can, of the relative claims of the parties seeking to obtain legal rights, and, having obtained that evidence, to report to the House thereon. It is manifest that the exercise of jurisdiction consists, not in the fact of the committee-men being members, but in the fact of their being appointed by the authority of the House, and referred to by the House to report on the matters brought before them; and if the referees were not members at all, the jurisdiction of the House would be just as fully preserved and exercised, provided the referees were originally appointed by the authority of the House, and executed merely the duty of inquiring and reporting for the advice and assistance of the House. It is further manifest, both upon principle and from the experience of the last few years, that, unless the business of investigating applications for powers to construct railways (and generally all public works requiring parliamentary powers) is conducted upon fixed rules of practice, according to legal forms, more or less modified in the reception and rejection of evidence, with some settled modes of proceeding in presenting a case to the committee, and generally with those guards to decorum and regularity which are afforded by the modes of proceeding adopted by courts of justice; and, in particular, unless the committees are wholly or principally composed of men of legal education, in fact of persons armed with judicial authority, and checked by judicial responsibility, the business of parliamentary inquiry into schemes for public works will continue to be done as it has been done, in a manner unsatisfactory to the public, and oppressive in the last degree to the House. It appears to us that the course of improvement lies in the adoption, by the two deliberative branches of the Legislature, of the system adopted by the Crown in the exercise of its colonial and other appeal jurisdiction; viz. in the creation of a body analogous to the Judicial Committee of the Privy Council, composed, principally at least, of members of the legal profession, constituting a Judicial Committee for advising the Legislature on such matters as shall be referred to it; the members to be appointed by the Legislature; to hold their offices, like judges, during good conduct; to possess, after the manner of the Judicial Committee of the Privy Council, all such powers as may be necessary to enable them to conduct effectively the inquiries referred to them; to be, in fact, in all respects judges, except, as in the case of the Judicial Committee of the Privy Council, in the result of their deliberations being not an actual decision, but a mere report by way of advice to the Legislature. We can have little doubt that a body so created and so constituted, would get through double the business that the committees of either House can manage, and that,

The next case is Wharton v. Swann, (2 My. & K. 362). In that case, the plaintiff having, after answer, upon special leave, amended his bill, afterwards re amended it, under an order obtained as of course, the motion was to discharge this order. Lord Lynd hurst said, that the term "answer" used in the 13th of the New Orders, (1828, 1831), referred to the answer to the amended bill, the answer to that bill which the party was bound to answer; and he added that that was the construction put upon it by the Vice-Chancellor.

The next case is The Attorney-General v. Nethercoat (2 My. & C. 604). There the information was ori ginally filed against the defendant Nethercoat only. After his answer had been put in, the information was amended by adding several new defendants, and otherwise. An order to re-amend was afterwards made upon a further application, which had been irregularly made, (not being supported by the proper affidavit), if the 13th Order has reference to the answer to the original bill only. But it was contended in this case, that, as against the defendants added by the first amendment, the bill was a new record, and that, therefore, the further amendment was, as to them, a first amendment. It was meant to be contended, in other words, that the 13th Order intended by the word "answer," answer to the amended bill. Lord Cottenham said, "that the 13th Order peremptorily declared, that, when a bill had been once amended after answer, no further leave at all should be granted, unless the application for such amendment were supported in the manner prescribed by that Order; and that, if it were held that an amendment by adding parties was not an amendment within the meaning of the Order, a plaintiff might always, by adding another defendant, entirely evade the Order." This case seems certainly to meet and overrule the very point in Evans v. Hughes, (cited supra), which that

was,