Homan, Manchester, merchants, April 3 at 12, District Court FIAT ANNULLED. Andrews, Weston, near Bath, Somersetshire, out of business : a Commissioner on Circuit : Court-house, RUTHIN, Denbighshire, March 25 at 10. Court-house, HERTFORD, March 26 at 10. Court-house, BODMIN, Cornwall, March 26 at 10. Jos. Collinson, Allerton and Bradford, Yorkshire, worsted Ann Angwin, Phillack, widow, farmer. spinner. PARTNERSHIP DISSOLVED. Thos. P. Tyacke and J. G. Plomer, Helston, Cornwall, attornies and solicitors. SCOTCH SEQUESTRATION. James M'Leod, Glasgow, cartwright. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. Jas. Dando, Church-row, Fenchurch-street, London, tailor, March 18 at 12, Court of Bankruptcy, London.-Daniel Missenden, Newton Longville, Buckingham, farmer, March 18 at 12, Court of Bankruptcy, London.-Wm. Bolton, Kingstreet, Hammersmith, Middlesex, general dealer, March 18 at 12, Court of Bankruptcy, London.-Elizabeth Hann, Water- | loo-place, Commercial-road, Limehouse, Middlesex, widow, lodging-housekeeper, March 18 at 11, Court of Bankruptcy, London.-H. Gimber, Eden-place, George-row, Bermondsey, Surrey, professor of music, March 20 at 11, Court of Bankruptcy, London.-Wm. Roper the younger, Parsons-street, East Smithfield, Middlesex, paper hanging manufacturer, March 20 at 11, Court of Bankruptcy, London.-L. White, Rawstone-street, Clerkenwell, Middlesex, out of business, March 20 at 11, Court of Bankruptcy, London.-W. Reece, Silver-street, Edmonton, Middlesex, beer-shopkeeper, March 19 at 12, Court of Bankruptcy, London.-J. Brooks Player, Bath, Somersetshire, out of business, March 23 at 11, District Court of Bankruptcy, Bristol.-John Elias, Gloucester, carpenter, March 26 at 11, District Court of Bankruptcy, Bristol. - .Thos. Gardner, Cheltenham, Gloucestershire, stone mason, March 23 at 12, District Court of Bankruptcy, Bristol,--Caleb Parker, Cheltenham, Gloucestershire, dyer, March 23 at halfpast 12, District Court of Bankruptcy, Bristol.-J. Haworth, Bolton-le-Moors, Lancashire, plumber, March 17 at 12, District Court of Bankruptcy, Manchester.-J. Venables King, Beaufort-terrace, King's-road, Chelsea, and Queen-street, Soho-square, Middlesex, March 12 at half-past 1, Court of | Bankruptcy, London. Saturday, March 7. The following Assignees have been appointed. Further Particulars may be learned at the Office, in Portugal-st., Lincoln's-inn-fields, on giving the Number of the Case. Andrew Shiell, Mortimer-place, Mortimer-road, Dalston, Middlesex, baker, No. 57,937 T.; George Worts, assignee. Daniel Clark, Brett's-buildings, Camberwell-road, Surrey, plumber, No. 57,947 T.; Thomas Anslow and Abraham Allen, assignees. Saturday, March 7. Orders have been made, vesting in the Provisional Assignee John Spaul, Beer-lane, Tower-street, London, general merchant in the Debtors Prison for London and Middlesex.-F. Clarke, Grosvenor-street, Grosvenor-square, Middlesex, surgeon dentist in the Debtors Prison for London and Middlesex. -Adolphus F. Beech, Rotherhithe-street, Rotherhithe, Surrey, clerk to a ship breaker: in the Queen's Prison.-J. Wormington, Frederick-place, Mason-street, Westminster-bridge-road, Surrey, out of business: in the Gaol of Surrey.-Sam. Lake, Exeter, labourer: in the Gaol of Exeter.-W. Hill, Watersfield, near Arundel, Sussex, retailer of beer: in the Gaol of Petworth.-Anna Daniel, Weedon Beck, near Northampton, widow, out of business: in the Gaol of Northampton.-Oliver Court-house, NOTTINGHAM, (County), March 24 at 10. William Glazebrook, Leicester, boatman.-Charlotte Tip. per, Kirkgate, Newark-upon-Trent, widow, patten-maker.Joseph Brooks, Ashfield, joiner. - Henry Henson, Hickling, schoolmaster.-John Kent, Bloomsgrove, hosier.-Edward Godfrey Leman, Nottingham, out of business.-Wm. Pearce, Nottingham, cotton doubler. INSOLVENT DEBTOR'S DIvidend. Edward Cole, East Mount-terrace, Whitechapel-road, lieu. tenant on half-pay, March 10, Thompson's, High-street, Wapping: 38. 6d. in the pound, (in addition to others, amounting to 128. 4d.) FRIDAY, MARCH 13. JOSEPH SCHOLEFIELD, Cheapside, London, cutler and JOSEPH ELLIS WEST and HENRY TENNANT, Leeds, DAVID BROADHEAD and AUGUSTUS JOHN HAL- AARON SHIPTON and JOSEPH WISE. JENKINS, Rich. Hulse, Lower Tower - street, London, chemist, April 3 at 3, Court of Bankruptcy, London, aud. ac.- Wm. Ward, Manchester, auctioneer, April 6 at half-past 1, Court of Bank ruptcy, London, aud. ac.-H. Gamble, Grimstone, Norfolk, grocer, April 2 at 11, Court of Bankruptcy, London, aud. ac. Appleton, Manchester, brewer, March 24 at 12, District Court -George Bond, Epsom, Surrey, licensed victualler, April 3 of Bankruptcy, Manchester.-Jas. Cummings, South Shields, at half-past 11, Court of Bankruptcy, London, aud. ac.-J. Durham, commission agent, March 27 at half-past 1, District Metford the younger, Southampton, ironmonger, April 3 at Court of Bankruptcy, Newcastle-upon-Tyne.-Thos. Cooke, 11, Court of Bankruptcy, London, aud. ac.-James Gray, Cheltenham, Gloucestershire, baker, March 23 at 11, District Manchester, upholsterer, April 6 at 12, District Court of Bank- Court of Bankruptcy, Bristol.-John Truebridge, Charlesruptcy, Manchester, aud. ac.-. .-Fred. Samford, Manchester, street, Westminster, Middlesex, carpenter, March 19 at halfwoollen draper, April 6 at 12, District Court of Bankruptcy, past 11, Court of Bankruptcy, London.-W. T. Parkinson, Manchester, aud. ac.-John Holman, Exeter, victualler, April Gloster-street, Park-street, Camden-town, Middlesex, surgeon 8 at 1, District Court of Bankruptcy, Exeter, aud. ac.-H. dentist, March 18 at 11, Court of Bankruptcy, London.-W. J. Andrews, Plymouth, Devonshire, apothecary, April 8 at 1, B. Collins, White Lion-street, Clerkenwell, Middlesex, out of District Court of Bankruptcy, Exeter, aud. ac.; April 9 at 1, business, March 18 at 11, Court of Bankruptcy, London.dr.-W. Tomkinson, Stoke-upon-Trent, Staffordshire, wine Chas. S. Sweeny, North-street, Westminster, Middlesex, docmerchant, April 3 at 11, District Court of Bankruptcy, Bir- tor of medicine, March 25 at 11, Court of Bankruptcy, Lonmingham, aud. ac.-T. Ledyard Evill and T. Dowglass, Vigo- don.-James Easton, Somersham, Huntingdonshire, publican, street, Middlesex, cloth manufacturers, April 6 at half-past 12, March 26 at 11, Court of Bankruptcy, London.-R. Shickle, Court of Bankruptcy, London, div. -David Froeschlen and Norwich, butcher, March 26 at 11, Court of Bankruptcy, Simon Price, Dover-street, Piccadilly, Middlesex, tailors, London.-Charles Williams, Clark's-place, Broad-street, St. April 7 at 12, Court of Bankruptcy, London, div.-Edward Giles in the Fields, Middlesex, French polisher, March 26 at Leman, Church-row, Newington, Surrey, and T. Kinsman 11, Court of Bankruptcy, London.-Phœbe Esther Cooper, Bryan, Old Swan-pier, Upper Thames street, London, wharf- Sutton Macclesfield, Cheshire, draper, March 18 at 12, Disingers, April 7 at 11, Court of Bankruptcy, London, div.-trict Court of Bankruptcy, Manchester.-Thomas Henley, Robert M'Entire, Paternoster-row, London, and Barnsbury- Bath, Somersetshire, painter, March 30 at 11, District Court square, Middlesex, commission agent, April 7 at 1, Court of of Bankruptcy, Bristol.-Richard Wilde, Melverley, ShropBankruptcy, London, div.-Beaumont Marshall, High Hol-shire, innkeeper, March 28 at half-past 10, District Court of born, Middlesex, tallow melter, April 3 at 1, Court of Bank- Bankruptcy, Birmingham. ruptcy, London, div.-John Evans, High-street, Shoreditch, Middlesex, cheesemonger, April 3 at 12, Court of Bankruptcy, London, div.-Simon South, Spittlegate, Grantham, Lincolnshire, maltster, April 4 at 12, District Court of Bankruptcy, Birmingham, div.-J. Collins, Salford, Lancashire, common brewer, April 6 at 12, District Court of Bankruptcy, Manchester, div.-John Nightingale, Rusholme, Manchester, innkeeper, April 7 at 12, District Court of Bankruptcy, Manchester, fin. div.-Francis Glass, Basinghall-street, London, woollen factor, April 4 at 12, Court of Bankruptcy, London, and. ac.-W. Fay, Bath, Somersetshire, innkeeper, April 6 at half-past 12, District Court of Bankruptcy, Bristol, aud. ac. CERTIFICATES. The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Saturday, March 28, at 9. Thos. Henly, Jamaica-street, Commercial-road, Middlesex, master mariner.-Wm. Rutter, Albert-street, Morningtoncrescent, Middlesex, surgeon.-Joseph Shilton, Arbour-street East, Commercial-road East, Middlesex, out of business.Thos. Savage, Thomas-st., Dock-head, Bermondsey, Surrey, lighterman.-Dav. James, Bath-cottage, Addington sq., Camberwell, Surrey, commission agent.-Geo. Woods, Mount-pl., Whitechapel-road, Middlesex, tailor.-Jas. Hooper, Warwickstreet, Pimlico, Middlesex, carpenter.-Adolphus F. Beech, Rotherhithe-st., Rotherhithe, Surrey, clerk to a ship breaker. -Chas. Hen. Russell, Percy-street, Bedford-sq., Middlesex, To be allowed, unless Cause be shewn to the contrary on or attorney's clerk.-Chas. F. A. Schmidt, Bedford-pl., Southbefore the Day of Meeting. William Ward, Manchester, auctioneer, April 6 at half-past 1, Court of Bankruptcy, London.-Joseph Cleary, Churchroad, De Beauvoir-square, Middlesex, builder, April 3 at half past 11, Court of Bankruptcy, London.-John Brown, Liverpool, joiner, April 6 at 11, District Court of Bankruptcy, Liverpool.-James Sykes, Doncaster, Yorkshire, hosier, April 9 at 11, District Court of Bankruptcy, Leeds.-T. Nash the younger, Stourbridge, Worcestershire, builder, April 4 at 12, District Court of Bankruptcy, Birmingham. To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before April 3. Charles Barber, Denham Springs, Brindle, near Chorley, Lancashire, calico printer.-W. Senior, Sheffield, Yorkshire, hosier.-James Brooke, Gooderstone, Norfolk, miller.-Chas. Dames Wilson, Saville-place, Mile-end, and Globe-wharf, Mile-end, Middlesex, builder.-Thos. Kinsman Bryan, Old Swan-pier, Upper Thames-street, London, wharfinger.-Jas. Rayner, Rougham, Norfolk, licensed victualler.-Ed. Wookey and Francis Hare, Bristol, drapers.-Fred. Dixon, Longlane, Bermondsey, Surrey, currier. FIAT ANNULLED. H. Pearson Coles, Wickham-market, Suffolk, innkeeper. wark-bridge-road, Surrey, wine merchant. March 30, at the same hour and place. John Oldham, Stamford-st., Blackfriars-road, Surrey, engraver.-Morris Paddon, Albany-road, Camberwell, Surrey, clerk in the General Post-office.-Geo. Thos. Elgie, Astey'srow, Islington, Middlesex, attorney at law.-Robert Black, Queen-st., New-cut, Lambeth, Surrey, baker.-Hen. Geo. C. Geary, Wellington-pl., Friar-street, Blackfriars-road, Surrey, out of business.-Jas. W. Gardiner, Harley-st., Cavendishsquare, and Northumberland-street, Strand, Middlesex, bill broker. Adjourned. Thos. Peachey, Rathbone-place, St. Mary-le-bone, Middle- Court-house, LEICESTER, (County), March 27, at 10. Court-house, NORTHAMPTON, (County), March 30, at 10. INSOLVENT DEBTORS' DIvidend. George Lockyer, Middlezoy, Somersetshire, farmer, Lovi R. Stevenson & Co., Glasgow, sewed muslin manufacturers. bond & Carslake, Bridgwater: 28. 10d. in the pound. DECLARATIONS OF INSOLVENCY. INSOLVENT DEBTORS Peter F. A. Campbell, Gravesend, Kent, out of business, ME of improved graduated and powerful friction. Velvet Brushes, which Caution.-Beware of the words "from Metcalfe's," adopted by some houses. A HILL ON TRUSTEES. This day is published, in royal 8vo., price 11. 68. boards, PRACTICAL TREATISE on the LAW relating to TRUSTEES, their Powers, Duties, Privileges, and Liabilities. By JAMES HILL, Esq., of the Inner Temple, Barrister at Law, and Fellow of New College, Oxford. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 Bell-yard, Lincoln's Inn. Just published, in 1 vol. 8vo.,cloth boards, price 14s., LIVES of EMINENT ENGLISH JUDGES of the Se venteenth and Eighteenth Centuries. Edited by W. N. WELSBY, Esq., M.A., Recorder of Chester. Containing the Lives of Sir Matthew Hale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt, Lord Cowper, Lord Harcourt, Lord Macclesfield, Lord King, Lord Talbot, Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord Mansfield, Lord Camden, Lord Thurlow, Lord Ashburton. S. Sweet, 1, Chancery-lane. Of whom may be had, recently published, A TREATISE on PRESUMPTIONS of LAW and FACT, with the SIR EDWARD SUGDEN'S TREATISE ON POWERS. A PRACTICAL TREATISE on POWERS. By the Right Hon AYCKBOURN'S CHANCERY PRACTICE.-SECOND EDITION. AYCKBOURN'S NEW CHANCERY PRACTICE, en larged and carefully revised, and comprising all the alterations in the Practice effected by the last New Orders of 8th May, 1845; with Practical Directions, a full Selection of the Modern Cases, (including the Decisions upon the recent Orders), and an Appendix of Forms. Second Edition. A Henry Butterworth, Law Bookseller and Publisher, 7, Fleet-street. A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn. RAILWAY BILLS, &c., THROUGH PARLIAMENT. THE LAW and PRACTICE of RAILWAY and other THE ACT for the INCLOSURE of COMMONS in ENGLAND and WALES; with a TREATISE on the LAW of Owen Richards, Law Bookseller and Publisher, 194, Fleet-street. A SUCCINCT VIEW of the OPERATION of FINES and RECOVERIES, for the Use of Students and those who are engaged in the Investigation of Titles, with the Fines and Recoveries Act, and the subsequent Enactments, Orders, and Decisions relating thereto. By JOSIAH W. SMITH, B.C.L., of Lincoln's Inn, Barrister at Law, Editor of "Fearne's Contingent Remainders," &c. William Benning & Co., Law Booksellers, 43, Fleet-street. Now ready, 3, Charlotte-row, Mansion-house, London. RICHARD SPOONER, Esq., M. P., Chairman. BENJAMIN IFILL, Esq., Deputy Chairman. THIS IS THE ONLY COMPANY who are bound by their deed of constitution not to dispute any Policy, unless they can prove that it was obtained by fraud; and for this purpose the Company have, by a clause in their deed of constitution, unhesitatingly deprived themselves of the power of objecting to any Policy, unless they undertake to prove that it was obtained from them by fraudulent misrepresentation. THIS IS THE ONLY COMPANY who bind themselves to pay the full amount of the Policies, although the debts for which they were ef fected shall have been liquidated before the claim arises. THIS IS ALMOST THE ONLY COMPANY who grant in favour of Creditors whole world Policies, whereby the debt is secured, although the debtor should go beyond the limits of Europe. ALEX. ROBERTSON, Manager. MEDICAL, LEGAL, and GENERAL MUTUAL LIFE ASSURANCE SOCIETY, No. 126, Strand. (Registered Provisionally). Subscription Capital 50,0007., in 2000 Shares of 251. each. First Call 51. Share. per TRUSTEES. James Copland, M.D., F.R.S. John B. Parry, Esq., Q.C. John Billingsley Parry, Esq., Q.C., Chairman. F. J. Farre, M.D., F.L.S., Assist. Phys. to St. Bartholomew Hosp. J. Hilton, Esq., F.R.S., Assistant Surgeon to Guy's Hospital. J. C. W. Lever, M.D., Physician Accoucheur to Guy's Hospital. R. Partridge, Esq., F. R.S., Surgeon to King's College Hospital. J. H. Whiteway, Esq., Lincoln's Inn Fields. T. Bartlett, Esq., Army Medical Department. BANKERS.-Messrs. Praed, Fane, Praed, & Johnston. This Society is on the principle of Mutual Assurance, and its object is to afford to all Classes the utmost advantage that can be derived from Life Assurance. For the purpose, however, of affording the Members of this Society, during its Infancy, the most effectual Security, its Engagements will be guaranteed by a subscribed Capital, on which 57. per cent. Interest will be paid out of the Funds of the Society half-yearly, and the Capital, with a Bonus of 50%. per cent., will be paid off as soon as sufficient Profit shall have been realised. BAIL COURT REPORTS; containing Cases decided by sufficient to meet all Liabilities, one-fifth of the surplus Profits will ad one of the Judges of the Queen's Bench, sitting in the Bail Court. By THOMAS WILLIAMS SAUNDERS and EDWARD LAWES, of the Middle Temple, Esq., Barrister at Law. Hitherto no book of Reports has been exclusively confined to Cases decided by one of the Judges of the Queen's Bench, sitting in the Bail Court. It is hoped that the importance of the business now transacted in that Court may be deemed a justification of the present undertaking. These Reports (which may be considered as supplemental to those of the full Court of Queen's Bench) will be issued Four times a year, and a Part will appear as soon as possible after each Term. Part 1, containing the Cases of last Hilary Term, is now ready, Price 48. William Benning & Co., Law Booksellers, 43, Fleet-street. DEEDS for EXECUTION ABROAD.-Messrs. J. & R. 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. AT THE END OF DECEMBER, 1851, and thenceforward annually, the affairs of this Society will be investigated, and, after reserving a Sum allotted as follows:-two-thirds to the Members' Fund for the assured for Life, and one-third to the Shareholders' Fund for repaying the subscribed Capital and Bonus. The remaining four-fifths of the whole surplus Profits to be reserved to enter into the average of succeeding Years, and, after the Liquidation of the subscribed Capital, the whole of the one-fifth of the net Profits will be annually divisible amongst the assured for life, and the remaining four-fifths reserved for the average, as before. The Rates of Premiums have been constructed by W. S. B. Woolhouse, Esq., F.R.A.S. ANNUAL PREMIUMS FOR ASSURING 1001. Age 20. Age 30. | Age 40. | Age 50. Age 60. | Age 70. R. W. MORRIS, Actuary. Printed by WALTER M'DOWALL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row 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. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, March 14, 1846. No. 480-VOL. X. MARCH 21, 1846. Price 1s., with Supplement, 1s. 9d. **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: E. T. HOOD, Esq. of the Inner TENISON EDWARDS, Esq. of the The Lord Chancellor's f E. T. HOOD, Esq. of the Inner If ever there was an unfortunate set of acts of Parliament, it is that by which the session of the 8 & 9 Vict. signalised itself as a law-reforming session. Some of those acts are undoubtedly total failures. No one, for instance, dreams of paying the slightest attention to chapters 119 and 129, with their equivalent columns, and formulæ of impossible application. But the 112th chapter, the act for rendering the assignment of satisfied terms unnecessary, which really is a beneficial act, and is effectively drawn, always allowing for the somewhat crotchetty and inconsistent language by which a term is destroyed and yet kept alive, even that act is subjected to attacks of all kinds, and for all reasons, some of which are reasonable and some not. Vice-Chancellor Wigram's f F. FISHER, Esq. of Lincoln's Court of Queen's Bench {G. J. P.SMITA, Esq. of the Inner Temple; and Inn, Barrister at Law. D. POWER, Esq. of Lincoln's W. M. BEST, Esq. of Gray's Inn, Ecclesiastical and Admi- f J. P. DEANE, D.C.L. of Doctors' ralty Courts Court of Review ...... ...... Commons. W. W. COOPER, Esq. of the Inner nience were occasioned by tracing out the title to the term and finding the holder, the expense of assignment being a mere trifle. Now, this objection, we confess, appears to us a very unfair one. No one can reasonably complain, that, if he wants the particular protection of an outstanding term, he should take the trouble to procure it. If the owner of land, who took an assignment of a term to a trustee before the 1st January, 1846, thinks the trouble of deducing the title in the term down to the person in whom it is vested too great, he easily avoids that trouble, simply by dispensing with the protection of the term. The act does not force it upon him, but merely offers it to him. It was no part of the intention of the act to give him a title without his shewing a title, or to put him in a better situation than if the act had not passed. All that the act obviously intends, is to aboLish attendant terms in future-to prevent their being perpetuated, but, at the same time, to avoid the injustice of depriving a purchaser, who had already got a term assigned to his, trustee, of the benefit of it, by putting him in the same position as regards the protection to be derived from his term, as if the act had not passed. If the act had never passed, a purchaser must always have shewn in whom the term was vested, before he could bring ejectment upon it; and so he must now; and where is the hardship, or the failure of justice? We have now before us a paper, in which it is argued, that the Assignment of Terms Act has failed altogether to effect its purpose, and leaves the expense attending titles arising out of the existence of attendant terms just what it was. The difficulty suggested is this: that if A., having purchased land, and having had an outstanding term assigned to a trustee (B.) in the usual manner before the 1st January, 1846, requires, to bring an ejectment, and B., the trustee, has died since, making his executor, A. must bring the ejectment in the name of the executor of B., if at all. And then it is said that the purpose of the act will be totally frustrated, because, as to these terms, it will be t'he duty of every But, more than this, it would, we contend, be grossly conveyancer, in advising on a title, to insist that the unjust to absolve a claimant to the benefit of the term shall be traced down to the person who would term, from the necessity of tracing the title to it from have been actually entitled to, the term supposing it his original trustee; for that would take for granted still to subsist, and, moreover, that such person shall be that no alienation by such original trustee, lawful or producible; otherwise the term will, it is said, be use- unlawful, had taken place between the assignment to less for the purpose of protection. Thus, it is argued, him and the 1st January, 1846; and the result might parties will be put to the same expense and inconve-be to enable a person to recover under colour of a term nience as formerly, 'secause the expense and inconve- to which he had no title, as it might by possibility be VOL. X. J whom execution shall have been had, upon judgment recovered in an action brought against that one alone. The constitution of the companies to which the bankfirst clause. I. Commercial or trading companies, incorporated by charter, or by act of Parliament, after the passing of the act. actually vested in a trustee, in trust for a purchaser for valuable consideration. It is now, of course, or ought to be, the practice, for a purchaser, whenever there is a term attendant upon the inheritance, to in-ruptcy clauses apply are sufficiently described in the quire of the last apparent assignee whether he has aliened or encumbered. If a purchaser does that, he will acquire priority, we apprehend, against any one not having an actual assignment of the term: but neither that nor anything else can or ought to protect him against the title of an actual assignee of the term having an equal equity; and it would be too much, to expect that the act should destroy the legal rights, quantum valeant, of any claimant to the benefit of a term, in order to save a purchaser the trouble of deducing his title. OBSERVATIONS ON THE 7 & 8 VICT. CAP. 111, PARTICULARLY WITH REFERENCE TO THE 22ND SECTION. Upon looking at the 22nd section of this statute, two questions immediately suggest themselves. The first is, that which we very slightly noticed in the last Number of THE JURIST, whether the statute applies to associations of persons composed of provisional committee-men or directors, and either actual allottees of shares, or persons having bound themselves by their applications for shares; and, secondly, if it does, then to what extent does the act give power substantially to vary the rights of parties, under orders purporting only to regulate forms of proceeding. On the first point, the difficulty arises from the use, in the 22nd section, of the word "joint-stock company." It is only with reference to bodies that are joint-stock companies within the meaning of the act, that the powers conferred by the 22nd section have any existence. The act itself does not give any specific definition of what shall constitute a joint-stock company. It appears to have two distinct objects: the first, to which all the sections except the 22nd apply, is to prescribe certain modes of proceeding for winding up the affairs of such companies as are described in the act, upon their committing such acts as are made by the statute acts of bankruptcy by the company. The second, (sect. 22), and this seems to be wholly severed from the first object, is to provide means, with or without winding up the affairs of the company, for compelling the members to contribute towards recouping any one against * It may here be observed, that, on the 17th instant, the first order was made under this act, by Mr. Commissioner Fonblanque, for bringing before the Master of the Rolls the winding up of a bankrupt joint-stock company. The order is as follows: In the Matter of the Forth Marine Insurance Company, bankrupt.-By virtue of the authority given to this court by an act passed in the seventh and eighth years of the reign of her present Majesty, intitled, An Act for facilitating the winding up the Affairs of Joint-stock Companies unable to meet their present Engagements,' this court doth order and direct, that William Cook and Lewis Mackinnon, the creditors' assignees of the estate and effects of the above-named company, bankrupt, do forthwith apply to the high Court of Chancery, by petition, in a summary way, to the Master of the Rolls, praying that all such orders and di. rections may be given as shall be necessary for the final winding-up and settling the affairs of the said company, and to compel a just contribution from all the members of the said company, towards the full payment of all the debts and liabilities of the said company, and of the costs of winding up and finally settling the affairs of such company." II. Companies for commercial or trading purposes subsisting under the 1 Vict. c. 73, or any other act of Parliament. III. Commercial or trading companies, or bodies registered either provisionally or completely under the 7 & 8 Vict. c. 110. IV. Any existing joint-stock companies comprehended within the definition of a joint-stock company given by the 7 & 8 Vict. c. 110. These are the four classes of commercial associations to which the bankruptcy clauses of the 7 & 8 Vict. c. 111, apply. Now, if we look to the interpretation clause of the 7 & 8 Vict. c. 110, we find that it includes in its definition of a joint-stock company every partnership whereof the capital is divided, or agreed to be divided, into shares, and so as to be transferrible, without the express consent of all the co-partners," and "every copartnership which, at its formation, or by subsequent admission, (except any admission subsequent on devolution or other act in law), shall consist of more than twenty-five members." The last of these definitions, supposing we are to construe the 22nd section of the 7 & 8 Vict. c. 111, by reference to the first, and thence by reference to the 7&8 railway companies, composed of provisional committeeVict. c. 110, would undoubtedly include most embryo men and persons having taken or being bound to take shares, provided it can be assumed that such associations are partnerships. But that is the very point which is at present much doubted, we believe, in the Profession; and most certainly such associations are not partnerships in the general and unlimited legal sense of the word. (Fox v. Clifton, 4 M. & P. 676; Pitchford v. Davis, 7 Mee. & W. 2). But, assuming for the present that the 22nd section of the 7 & 8 Vict. c. 111, is a separate enactment, not to be construed by reference to the clauses which relate to bankrupt companies, we have then to inquire, in endea vouring to form an opinion as to what associations the court would hold within the meaning of that section, what is a joint-stock company without reference to the 110th or 111th chapter of the 7 & 8 Vict.; what is, in fact, in common legal acceptation, a joint-stock company. Now, in one sense, no doubt, every common partnership is a joint-stock company, inasmuch as every partnership trades upon the joint stock of the whole partnership. But no one certainly would, in common parla uce, describe an ordinary banking or other partnership as a joint-stock company. And if there be any peculiar legal force in the term, it is to be sought in the Bubble Act, (6 Geo. 1), which was passed in reference to the earliest joint-stock companies. According to that act, and according to general understanding, a joint-stock company is a partnership in which the part ners not only contribute each his separate part of the joint stock, but make, or affect to make, their shares transferrible without the assent of the other partners, and are, or affect to be, liable only to the extent of their hares. A joint-stock company in this view is a complete partnership, in which each partner contributes his share of the partnership stock, and is, or affects to be, nsible only to that extent. The hypothesis of the ex istence of such an association in the present known state of the law, seems to require at least a complete. y organised partner respo |