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Saturday, April 4.
CHARLES HENRY CARTWRIGHT, Warrington, Lan. Orders have been made, vesting in the Provisional Assignee
cashire, grocer, April 27 and May 19 at 12, District Court the Estates and Effects of the following Persons :
of Bankruptcy, Manchester: Off. Ass. Pott; Sols. Rowe,
Liverpool ; Sharpe & Co., Bedford-row, London. -- Fiat (On their own Petitions).
dated April 7. Edw. Napoleon Wilde, Bramerton, near Norwich, Norfolk, HENRY ROE, Liverpool, goldsmith and jeweller, dealer and master mariner : in the Queen's Prison.-J. Ringer, Adding chapman, April 28 and May 26 at 11, District Court of ton-cottage, Addington-street, York-road, Lambeth, Surrey, Bankruptcy, Liverpool : Off. Ass. Turner; Sols. Dodge, out of business : in the Gaol of Surrey.-Thomas Backhouse, Liverpool ; Bridger & Blake, London-wall, London.-- Fiat Clifford's-inn-passage, Fleet-street, London, out of business : dated April 6. in the Queen's Prison.
MEETINGS. (On Creditor's Petition).
Bartholomew Vanderplank, Love-lane, London, woollen Jovce Payne, Englefield-green, Egham, Surrey, widow: in warehouseman, April 24 at 11, Court of Bankruptcy, London, the Gaol of Surrey.--Thos. Ward, Bagnigge-wells-road, near | last ex.- Samuel Lawrence, Bedford-street, Covent-garden, the Bagnigge-wells Tavern, Pentonville, Middlesex, green Middlesex, dealer in watches, April 24 at 11, Court of Bankgrocer: in the Debtors Prison for London and Middlesex.
ruptcy, London, last ex.-George Pratt and John Bodle, Ad. (On their own Petitions).
dison-road North, and Queen's-road, Notting-hill, Middlesex, John Eastcott, Plymouth, Devonshire, ale and porter mer
builders, April 24 at 12, Court of Bankruptcy, London, chant: in the Gaol of St. Thomas the Apostle.-W. Brown,
last ex. - John Lovegrove, Rotherhithe-street, Rotherhithe, Bridgnorth, Shropshire, butcher : in the Gaol of Shrewsbury.
Surrey, barge builder, April 24 at 1, Court of Bankruptcy,
London, last ex.- Joseph Mellanby, Hartlepool, Durbam, The following Prisoners are ordered to be brought up before
broker, April 20 at 11, District Court of Bankruptcy, Ner. the Court, in Portugal-st., on Tuesday, April 21, at 9. castle-upon-Tyne, last ex.-James Brooke, Gooderstone, Nor: Ch. Leopold Macdonald, James-place, Regent-street, Lam folk, miller, May 1 at half-past 1, Court of Bankruptcy, Lonbeth, Surrey, comedian.-W. Luke, Brunswick-st., Hackney don, aud. ac. — James Blyth, Chelmsford, Essex, grocer, road, Middlesex, out of business.
May 2 at 11, Court of Bankruptcy, London, aud. ac. and MEETING.
div.-M. Maclean, Basinghall-street, London, cloth factor,
and Stroud, Gloucestershire, clothier, May 5 at 11, Court of Thomas Simpson, Low Harrogate, Yorkshire, whitesmith,
Bankruptcy, London, aud. ac.-Stephen Bretton and Thos. April 27 at 11, Court-house, Knaresborough, sp. aff.
Tunwell, Charlotte-street, Fitzroy-square, Middlesex, up
holsterers, May 5 at 12, Court of Bankruptcy, London, aud. FRIDAY, APRIL 10.
ac.- Robert Bamford, Pontefract, Yorkshire, maltster, May
4 at 11, District Court of Bankruptcy, Leeds, aud. ac.- John BANKRUPTS.
Chas. Rawdon, Leeds and Huddersfield, Yorkshire, rool EDWARD FOLEY, Stoke Newington-green, Islington, Mid-merchant, May 4 at 11, District Court of Bankruptcy, Leeds,
dlesex, licensed victualler, dealer and chapman, April 24 at aud. ac.-James Oldham, Wood-street, London, silk warehalf-past 1, and May 22 at 2, Court of Bankruptcy, Lon houseman, May 2 at half-past 12, Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. Dimmock & Burbey, Sise-don, fin. div.-C. 0. Robson, Finsbury-street, Finsbury-sq., lane,-Fiat dated April 6.
Middlesex, plasterer, May 2 at 1, Court of Bankruptcy, Lon. ROBERT WEATHERHOG and RICHARD WEATHER- don, div.-James Gale the elder and James Gale the younger,
HOG, Stone, Kent, farmers, dealers in corn, dealers and Love-lane, Shadwell, Middlesex, rope makers, May 2 at 12, chapmen, April 17 at 2, and May 29 at 12, Court of Bank
| Court of Bankruptcy, London, fin. div. ruptcy, London: Off. Ass. Pennell; Sols. Hayward, Dartford, Kent; Tripp, Adelaide-place, London-bridge.-- Fiat
CERTIFICATES. dated April 9.
To be allowed, unless Cause be shewn to the contrary on the HENRY CHARLES LANGLEY, Suffolk-place, Hackney
Day of Meeting. road, Middlesex, apothecary, chemist and druggist, dealer and chapman, April 21 at half-past 1, and May 28 at 12,
Chas. Self, Sun-street, Bishopsgate-without, plumber, May Court of Bankruptcy, London: Off. Ass. Johnson ; Sol. | 1 at half-past 12, Court of Bankruptcy, London.-James Wheatley, 34, Walbrook. --Fiat dated April 7.
Harriss, Leadenhall-market, London, butcher, May 1 at 2, THOMAS MATTHEWS, Aldgate High-street, London,
Court of Bankruptcy, London.-Geo. Moir, John's-row, St. draper, dealer and chapman, April 23 at 12, and May 21 at
Luke, Middlesex, boot maker, May 5 at 1, Court of Bank11. Court of Bankruptcy. London: Off. Ass. Graham : ruptcy, London.-Rich. Hulse, Little Tower-street, London, Sols. Sole & Turner, Aldermanbury.--Fiat dated April 7.
burv.-Fiat dated April 7. ' chemist, May 1 at 11, Court of Bankruptcy, London.-Wm. WILLIAM DAVEY, Pentewan, St. Austell, Cornwall, coal
Baldwin, Notting-hill, Middlesex, victualler, May 1 at 12, merchant, April 29 and May 20 at 11, District Court of Court of Bankruptcy, London,-Mary Guy and Hen. Smith, Bankruptcy. Exeter: Off. Ass. Hirtzell ; Sols. Cummings Farringdon-street and Ludgate-hill, London, linen drapers, & Son, Bodmin; Stogdon, Exeter; G. and w.C. Smith, May 2 at half-past 1, Court of Bankruptcy, London. - John 5, Southampton-buildings, London.-Fiat dated April 3. Ricketts, Gosport, Southampton, grocer, May 4 at half-past THOMAS RICKARDS, Wotton-under-Edge, Gloucester
12, Court of Bankruptcy, London.-Chas. Hoppe, Blackshire, watch maker and jeweller, dealer and chapman, April friars-road, Surrey, glass dealer, May 1 at half past 1, Court 27 and May 22 at 11, District Court of Bankruptcy, Bris of Bankruptcy, London.-Isaac Blackburn, Minories, and tol: Off. Ass. Miller; Sols. Husband & Wyatt, 11, Gray's. | Northumberland-alley, Fenchurch-st., London, engineer, May inn-square, London.-Fiat dated April 1.
4 at 1, Court of Bankruptcy, London.-Wm. Gay, CheltenJAMES BOULTON ORAM, Birmingham, brewer and ham, Gloucestershire, builder, May 5 at 1, District Court of maltster, dealer and chapman, April 22 and May 11 at 11. Bankruptcy, Bristol.-Jas. G. Gore, Cheltenham, GloucesterDistrict Court of Bankruptcy, Birmingham : Off. Ass. Bit- shire, innkeeper, May 5 at 1, District Court of Bankruptcy. tleston ; Sol. Bartleet, Birmingham.--Fiat dated April 6.
Bristol.-John Alldrett, Rugeley, Staffordshire, rope maker, MARTHA ILLINGWORTH, WILLIAM SMITH, and May 2 at 11, District Court of Bankruptcy, Birmingham.
JOHN WRIGHT, Bradford, Yorkshire, worsted spinners | John Bainton Gillett, Apperley-bridge, Eccleshill, Bradford, and worsted manufacturers, (carrying on business at Brad Yorkshire, dyer, May at 11, District Court of Bankford, under the style or firm of Illingworth & Smith), April ruptcy, Leeds. 21 and May 14 at 11, District Court of Bankruptcy, Leeds : 1 Off. Ass. Young; Sols. Wells, Bradford ; ' Courtenay, ||
To be allowed by the Court of Review in Bankruptcy, unless Leeds,-Fiat dated April 6.
Cause be shewn to the contrary on or before May 1, JOHN KNIGHT, Preston, Lancashire, mercer and draper, John Brown, Liverpool, cabinet maker.- Edgar Barnes,
dealer and chapman, April 21 and May 20 at 12, District Aldborough, Suffolk, wine merchant.-Jacob Parker, ChelCourt of Bankruptoy, Manchester : Off. Ass. Fraser ; Sols.) tenham, Gloucestershire, cabinet maker.-Benj. Thompson, Sale & Co., Manchester ; Reed & Langford, Friday-street, Aldeburgh, Suffolk, innkeeper.- John Sier, Cheltenham, Cheapside, London.-Fiat dated March 21,
| Gloucestershire, baker.
Wednesday, April 8. Jos. Whalley and Chas. Whalley, Liverpool, seedsmen and Orders have been made, vesting in the Provisional Assignee surserymen.- Jas. Reding and Wm. N. Judd, Horse-shoe. the Estates and Effects of the following Persons:court, Ludgate-hill, London, printers.
On their own Petitions).
Margaret Palmer, Bury-street, Bloomsbury, Middlesex,
out of business : in the Queen's Prison.-T. Bradley, ClareGeorge Hartley and Jos. Heath, Settle, Giggleswick, York- court, Drury-lane, Middlesex, licensed victualler: in the shire, attornies, solicitors, and conveyancers.-Sam. Foot and Debtors Prison for London and Middlesex.--Edwin Topham, Chas. Hen. Radcliffe, Salisbury, Wiltshire, attornies and so-White-street, Little Moorfields, Cripplegate, London, tailor: licitors.-Wm. Walter and Stephen Demainbray, Kingston in the Debtors Prison for London and Middlesex.-C. Stewart upon Thames, Surrey, attornies and solicitors.
Sweeny, North-street, Westminster, Middlesex : in the Queen's
(On Creditor's Petition). Jas. Fleming and Dav. G. Richardson, Glasgow, account.
Michael Coleman, Drury-lane, Middlesex, tailor: in the ants.— Dat. M. Rose, Rarichies, Ross-shire, corn merchant. | Debtors Prison for London and Middlesex. -Jas. M Master, Adrossan, Ayrshire, grocer.-J. Machary,
on their own Petitions). Glasgow, tea merchant.
Thos. Collier, Averkenfig, Newcastle, Glamorganshire, conDECLARATION OF INSOLVENCY.
tractor : in the Gaol of Cardiff.-J. Maurice Davies, Aberyst
with, Llanbadarn fawr, Cardiganshire, esquire : in the Gaol of George Williams the younger, Sandgate, Cheriton, Kent,
lliams the younger, Sandgate, Cheriton, Kent, Cardigan.-J. Edmondson, Gisburn, Yorkshire, clogger : in grocer.
the Gaol of York.-Barnabas Topham, Boroughbridge, YorkINSOLVENT DEBTORS
shire, wheelwright: in the Gaol of York.-Ralph Freeman, Who have filed their Petitions in the Court of Bankruptcy,
Gateshead, Durham, miller : in the Gaol of Durham.-Ralph and have obtained an Interim Order for Protection from Crozier Coats, Old Elvet, near Durham, grocer : in the Gaol Process.
of Durham.-Ephraim Pope, Exeter, grocer: in the Gaol of
| The following Prisoners are ordered to be brought up before Rayleigh, Essex, general dealer, April 23 at 2, Court of Banka the Court, in Portugal-st., on Friday, April 24, at 9. ruptcy, London.- John Dewe, Oxford, bookseller, April 23 Ebenezer Stevens, Slater-street, Brick-lane, Middlesex, out at 1, Court of Bankruptcy, London-William Edge, St. of business.-C. Blucher Walker, Charles-street, HampsteadGeorge's-place, St. George in the East, Middlesex, tide waiter road, Middlesex, out of business.-Ed. Gregory, Frith-street, in her Majesty's Customs, April 23 at 11, Court of Bank. Soho, Middlesex, carver.--John Barker the younger, George ruptcy, London.- Jos. C. Croxson, George-row, Bermondsey. street, Deverel-street, New Kent-road, Surrey, commission Surrey, baker, April 23 at 2, Court of Bankruptcy, London. agent.--Thomas Pursey, Laurel-cottages, Crickle-wood, near -Thos. J. Keates, Sutton, Surrey, lime burner, April 23 at
Kilburn, Middlesex, coach-smith. 11, Court of Bankruptcy, London.-John R. Brasse, Mark
April 27, at the same hour and place. lane, London, in no business, April 23 at 2, Court of Bank
Joshua Preston, Gravel-lane, Southwark, Surrey, dealer in ruptcy, London.-John Allen, Stockwell, Surrey, warehouse
cotton goods.-S. Sequerra, Oliver's-terrace East, Bow-road, man's assistant, April 21 at 11, Court of Bankruptcy, London.
Middlesex, out of business.-Thomas Francis, James-street, -Ede. Twycross, Edward-street, Bethnal-green, Middlesex,
Poplar New-town, Poplar, Middlesex, carpenter.-R. Barrett, corkeeper, April 23 at 11, Court of Bankruptcy, London.
Hammersmith, Middlesex, commission agent. Thos. Burnman, Ellis's-square, Penton-st., Walworth, Surrey, out of business, April 21 at 11, Court of Bankruptcy, Lon
MEETING. don.-William Ralph, Tonbridge-wells, Kent, fly proprietor, Joseph Lewis, Woolastone, Gloucestershire, carpenter, April April 11 at 2, Court of Bankruptcy, London.-Wm. Powell, 27 at 12, Croome & Sons', Lydney, Gloucestershire, sp. aff. Coppice-row, Clerkenwell, Middlesex, undertaker, rent and debt collector, April 11 at 2, Court of Bankruptcy, London. ARCHBOLD'S PRACTICE OF THE QUEEN'S BENCH.-EIGHTK Henry Thompson, Nottingham, cheese factor, April 17 at 11,
Just published, in 2 vols. royal 12mo., price 21. 85. boards, District Court of Bankruptcy, Birmingham.- Anthony Thomp
ARCHBOLD'S PRACTICE of the COURT of QUEEN'S Son, Sherburn, Durham, joiner, April 20 at 11, District Court A BENCH in PERSONAL ACTIONS and EJECTMENT. The of Bankruptcy, Newcastle-upon-Tyne.-J. Garbutt, Bradford, Eighth Edition. By THOMAS CHITTY, Esq., of the Inner Temple; Yorkshire, clerk to a dyer, April 23 at 11, District Court of including the PRACTICE of the COURTS of COMMON PLEAS and Bankruptcy, Leeds.-James Jowett, Halifax, Yorkshire, cotton
Also, in 1 vol. royal 12mo., price 228. boards, warp maker, April 21 at 11, District Court of Bankruptcy,
FORMS of PRACTICAL PROCEEDINGS in the COURTS of Leeds.-John Jovett, Halifax, Yorkshire, cotton warp maker, QUEEN'S BENCH, COMMON PLEAS, and EXCHEQUER of April 21 at 11, District Court of Bankruptcy, Leeds.-Wm. PLEAS. By THOMAS CHITTY, Esq., of the Inner Temple. Richardson the younger, Calverley, Yorkshire, cloth maker,
S. Sweet, i, Chancery-lane; and V. and R. Stevens & G. S. Norton, April 23 at 11, District Court of Bankruptcy, Leeds.--James
26 and 39, Bell-yard, Lincoln's Inn. Iredale, Huddersfield, Yorkshire, beer retailer, April 21 at 11,
of whom may be had,
COLE ON CRIMINAL INFORMATIONS AND QUO WARRANTO. District Court of Bankruptcy, Leeds.—Joshua Hind, Brad
In 12mo., price 12s. boards, ford, Yorkshire, manufacturer, April 21 at 11, District Court The LAW and PRACTICE relating to CRIMINAL INFORMAof Bankruptcy, Leeds.-Wm. Simms, Wakefield, Yorkshire,
TIONS, and INFORMATIONS in the NATURE of QUO WARpublican, April 21 at 11, District Court of Bankruptcy, Leeds.
RANTO, with Forms of the Pleadings and Proceedings. By W. R. 11, District Court or Bankruptcy, Leeds. | COLE, Esq., of the Middle Temple, Barrister at Law. --Wm. Sutcliffe, Halifax, Yorkshire, stone mason, April 21
WHITE ON SUPPLEMENT AND REVIVOR. at 11, District Court of Bankruptcy, Leeds.-T. Hinchliffe,
In 8vo., price 128. boards, Halifax, Yorkshire, stone mason, April 21 at 11, District
A TREATISE on PROCEEDINGS in EQUITY, by WAY of SUP
PLEMENT and REVIVOR, with an Appendix of Precedents. By Court of Bankruptcy, Leeds. — Peter M Lean, Liverpool,
GEORGE TOWRY WHITE, Esq., of Lincoln's Inn, Barrister at Law. boarding-house keeper, April 14 at 1, District Court of Bank
MACNAMARA ON NULLITIES AND IRREGULARITIES IN ruptcy, Liverpool.-Hugh Hughes, Vron Velen, Llysfaen,
LAW Carnarvopshire, farmer, April 17 at half-past 12, District
A PRACTICAL TREATISE on NULLITIES and IRREGULARICourt of Bankruptcy, Liverpool. Edw. Gauntlett, Bristol,
TIES in LAW, their Character, Distinctions, and Consequences. By
H. MACNAMARA, Esq., of Lincoln's Inn, Special Pleader. Price 68. corn factor, May 4 at 11, District Court of Bankruptcy, boards. Bristol.-John Ford, Bath, Somersetshire, chair and sofa
LOVELASS ON WILLS. TWELFTH EDITION. maker, April 17 at 11, District Court of Bankruptcy, Bristol.
The LAW'S DISPOSAL of a PERSON'S ESTATE who dies without
Will or Testament; to which is added, the Disposal of a person's Estate --J. Robt. Robinson, Leeds, Yorkshire, bobbin turner, April
by Will or Testament; with an Explanation of the Mortmain Act. By 21 at 11, District Court of Bankruptcy, Leeds.-John Mus PETER LOVELASS, Esq., of the Inner Temple. The Twelfth Edition, grave and Robt. Alex. Brown, Leeds, Yorkshire, stock and remodelled and enlarged, and adapted to the recent alterations of the share brokers, April 23 at 11, District Court of Bankruptcy,
Law. By ARTHUR BARRON, Esq., of the Inner Temple, Barrister
at Law, late Fellow of Trinity College, Cambridge, In 8vo., price 16s. Leeds.
DANIELL'S CHANCERY PRACTICE.
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1 By EDMUND ROBERT DANIELL, F.R.S. Second Edition, Esq., M.A., Recorder of Chester. Containing the Lives of Sir Matthew with several New Chapters, and considerable alterations and additions ; Hale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt. Lord adapting the Text to the last General Orders of May, 1845, and the De Cowper, Lord Harcourt, Lord Macclesfield, Lord King. Lord Talbot. cisions of the Court up to the time of publication. By T. E. HEAD Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord MansLAM, Esq., of the Inner Temple, Barrister at Law.
field, Lord Camden, Lord Thurlow, Lord Ashburton. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers,
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at Law. In 8vo., price 158. boards. SMITH'S MANUAL OF EQUITY JURISPRUDENCE.
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' Inn, Barrister at Law. Court .... .......... 7 Temple, Barrister at Law. Court of Common Pleas, D. Power, Esq. of Lincoln's
1 Inn; and Master of the Rolls Court G. Y. Robson, Esq. of the Inner "? Temple, Barrister at Law.
|| Appeals under Registra- |W. PATERSON, Esq. of Gray's
tion of Voters Act.... J Inn, Barristers at Law. (Tenison EDWARDS, Esq. of the
Vice-Chancellor of Eng.)
Court of Exchequer ....
SW.M. Best, Esq. of Gray's Inn, Inner Temple, and
Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the Ecclesiastical and Admi. S J. P. Deane, D.C.L. of Doctors'
l Inner Temple, Barristers at Law. ralty Courts ........1 Commons. Vice-Chancellor Knights w.W. COOPER, Esq. of the Inner
SW.W. COOPÉR, Esq. of the Inner Bruce's Court........l
Court of Review ......
VIEW *** Temple, Barrister at Law.
LONDON, APRIL 18, 1846.
| places, of the rails upon the close of the plaintiff. The
defendants proved a right of way across the close, and THERE have been several cases lately decided in the the jury gave a verdict for the plaintiff upon the first courts of common law, in which the rules of pleading as and second issues, damages 1s., and found that part only to new assignments in actions of trespass and trover of the rails cut down were on the footpath, upon which have been explained or in some degree altered. These the judge directed the verdict to be entered for the decases, although, as relating to the doctrines of special fendants on the third and fourth issues, being of opinpleading, they are practically important to a part only ion, that, if any of the rails were upon the footpath, the of our readers, are yet, as affecting the trial of a cause, plaintiff should have new assigned; and this the court and the preparation of evidence for it, desirable to be held to have been rightly done. “We are of opinion,” noticed beyond those limits. We, therefore, deem no said the court, “ that the plaintiff is not entitled to reapology necessary for the following account of them. cover, and that, as the number and quantity of the rails
In the first of these cases, Bracegirdle v. Peacock, were immaterial, and alleged generally in the declara(ante, p. 9; 15 Law Journ., N. S., Q. B., 73), a decla- tion, and divisible, if the plea, which apparently covered ration in trespass stated, that defendants, on &c., and on the whole, answered a part only, the plaintiff ought to divers other days and times between that day and the have new assigned, if he meant to insist that some of Commencement of the suit, with force and arms, &c., | the rails were not standing upon the way, though others broke and entered a certain close of the plaintiff, situate were. The case of Bowen v. Jenkin (6 Adol. & Ell. and being &c., and then and there cut down, prostrated, 911) is directly in point. That was an action for and destroyed the rails and palings of the plaintiff then disturbing plaintiff's common by turning on cattle. standing and being in the said close, to wit, 100 yards The defendant pleaded a right of common for catof rails and 100 yards of paling. The pleas were, first, tle levant and couchant. The plaintiff replied, that not guilty by statute; secondly, no notice of action pur- all the cattle in the declaration mentioned were not suant to the statute, under the authority of which the levant and couchant, and issue was joined. It aptrespasses were committed; thirdly, a common public peared by the evidence, that, at the time of the injury highway; and, because the rails and palings had been complained of, some of the cattle were levant and wrongfully erected, and were standing in and across the couchant, and others not; and it was held that the highway and obstructing the same &c., the defendants, effect of the plaintiff's replication was, that the levancy in order to remove the obstruction, cut down, pros- and couchancy was untruly alleged by the defendant trated, and a little destroyed the said rails and palings, of all the cattle, not that it was truly alleged of some, doing no unnecessary damage. The fourth plea was and falsely of others. The plea answered the complaint similar, except in alleging the removal to be under the as to some of the cattle; and if the plaintiff meant to anthority of a local act. The replication to the third draw a distinction between such of the cattle as were and fourth plea denied that the rails and palings were really included in the justification and such as were standing in and across the highway and footway, in not, he should have new assigned. The present case manner and form &c. At the trial it was proved that falls within the rule collected from a review of the older the defendants had cut down six feet in length, in three authorities laid down in the note to the case of Groc. VOL. X.
. v. Jones, (1 Saund. 299, 300), that, where the declara- Hatchett, (ante, 182; 15 Law Journ., N. S., Q. B., 68), tion is general, and the subject-matter divisible, and which differs from the others, in being an action of the plea apparently answers the whole, bụt really only trover, in which kind of action new assignments have answers a part, the plaintiff must new assign as to the not been usual under any circumstances. It was an part not really answered. The defendants, by their action of trover for, amongst other things, ten pieces plea, say, that the plaintiff has complained of cutting of timber; to which the defendant pleaded generally, rails in the highway; and if the plaintiff merely tra- that the articles mentioned in the declaration were obverses the allegation that the rails were in the high-structing a navigable river, and that he removed them.! way, and some of the rails cut actually were there, it To this the plaintiff replied, de injuriâ, and also new will be taken that both parties agreed that those were assigned, that he was possessed of five pieces of timber the rails in question; and if the plaintiff meant to shew different from those mentioned in the plea, and that he that the plea applied to part only, and not to the whole, brought his action for converting those, as well as the he should have new assigned. Such a traverse as that pieces of timber mentioned in the plea. Upon de taken by the plaintiff does not deny the quæ est eadem, murrer for duplicity, it was contended, for the defend but admits it. The case of Barnes v. Hunt (11 East, ant, that, as the plea was to the whole of the count ge451) was much relied upon for the plaintiff; but it nerally, it covered all that was stated in it, and that the must be considered an authority only with respect to plaintiff could not new assign. But, said the court, the plea of leave and license, as observed by Littledale, “We are, however, of opinion, that the plaintiff in this J., in the case of Bowen V. Jenkin. Our judgment, case was entitled both to traverse and to new assign. therefore, is for the defendants."
The number of pieces of timber is alleged generally in The case of Barnes v. Hunt, (11 East, 451), which the declaration; and the plaintiff is not bound by the has often been quoted as an authority, that a plea of exact number, but is at liberty to prove less. The plea license to a declaration alleging several trespasses must is as general as the count, and apparently answers it. be understood as applying to each, and that it is neces. The allegation of number in the declaration is a disary to prove a license co-extensive with the trespasses visible allegation, and the plea, though apparently anproved at the several days and times included in the swering the whole, may, in truth, only answer a part; declaration, must now be considered, if not as over- and if that were so in fact, and the defendant had a jusruled, at least as so much shaken that it cannot safely be | tification as to some of the pieces of wood, but none as acted upon, for, in addition to what is said upon it into the others, the plaintiff must new assign as to those the judgment above quoted, Patteson, J., upon its being to which the justification does not apply; for, if he quoted in the course of the argument, said, “It, viz. merely take issue upon the plea, he will be taken to adthe doctrine that the evidence should be co-extensive mit that the justification applies to all that is alleged in with the statement in a plea of leave and license, is not the declaration. Bowen V. Jenkin (6 Adol. & El. to be extended to any other case, even if it can be main-911) decides this expressly. The cases upon the subtained in that, which is very doubtful. ..... The ject will be found collected and commented on in the court did not like to overrule it; but, with very great
notes to the case of Greene v. Jones, (1 Saund. 299, submission, it is full of fallacies: among others, it as 300), and fully warrant the course which has been pursumes that the plea professes to answer several tres-sued by the plaintiff; and the later cases are in accord. passes.” In the last case, the want of a new assignment ance with those authorities. Our judgment, therefore, is illustrated; the next points out where a new assign- in this case, is for the plaintiff.” ment is not to be allowed. Polkinhorn v. Wright (10 Jur. 11; 15 Law Journ.,
Court Papers. N. S., Q. B., 70) was an action of trespass, and the declaration alleged, that the defendant, heretofore, &c., assaulted the plaintiff, and then, with great force, &c.,
EQUITY CAUSE LISTS, EASTER TERM, 1846. seized and laid hold of him, &c. The defendant pleaded! *** The following abbreviations have been adopted to several pleas of justification; to which the plaintiff re
abridge the space the Cause Papers would otherwise have occu
pied: -A, Abated-Adj. Adjourned-A. T. After Term-Ap. plied, de injuriâ, and also new assigned, that he issued Appeal-C. D. Cause Day-C. Costs—D. Demurrer-E. Exhis writ, and brought his action, not only for the tres-ceptions-F. D. Further Directions—M. Motion-P. C. Pro passes in the pleas mentioned, and therein attempted to Confesso-Pl. Plea-Ptn. Petition-R. Re-hearing-S. 0.
Stand Over-Sh. Short. be justified, but also, that the defendant, on other and different occasions, &c., assaulted him, &c.; to which
Court of Chancery. there was a special demurrer and joinder, it being al
Before the LORD CHANCELLOR. leged in support of it, that there was but one assault
APPEALS. laid in the declaration, and the new assignment was a Strickland v. Strick-7 (Ap) | Dalton v. Hayter (Ap) departure from it, as enlarging it, and making it include
Day Deeks v. Stanhope (3 Ap) several. And of this opinion was the court, shewing, Ditto :
Ditto v. Boynton to be Turner v. Newport (Ap)
ewing, Ditto v. Strickland J fixed. | Att.-General v. Masters and that, where the trespass is not stated to be continued, Vandeleur v. Blagrave (Ap) To Wardens, &c. of the City of as in Loweth v. Smith (12 Mee. & W.582) and Worth fix a day
Bristol (Ap) To fix a day v Terzington. (13 Mee. & W. 781), or laid at divers Ladbrooke o. Smith (Ap) part | Trulock o. Robey (Ap)
heard times, the new assignment is improper. The case of
Younghusband . Gisborne Loweth v. Smith is too long to be noticed here; but, l
| (Ap) a dav
Whitworth v. Gangan (Ap) upon this point, it well deserves perusal.
Minor v. Minor (2 Ap) Bush v. Shipman (Ap) The last of the cases we intended to notice is Page v. ( Ditto v, Ditto (Supp. suit) Black o. Chaytor (Ap)