Imágenes de páginas

Bankruptcy, London, div.-Benj. Lawrence, Crown-court, Bristol.-Mary Richards, widow, Montpellier, Bristol, beer Old Broad-street, London, merchant, Aug. 11 at 12, Court of retailer, July 23 at 12, District Court of Bankruptcy, Bristol. Bankruptcy, London, div.-John Wright, Tamworth, Staf- -Willlam Morris, Camborne, Cornwall, beer-shop keeper, fordshire and Warwickshire, banker, Aug. 8 at 11, District Aug. 4 at 11, District Court of Bankruptcy, Exeter.-Hugh Court of Bankruptcy, Birmingham, aud. ac. and div.-Wm. Rattenbury, Exeter, out of business, Aug. 4 at 11, District Neilson, Liverpool, Aag. 7 at 12, District Court of Bank. Court of Bankruptcy, Exeter. - Wm. Sully the younger, ruptcy, Liverpool, div.

Bridgwater, Somersetshire, master builder, Aug. 4 at 11, Dis

trict Court of Bankruptcy, Exeter.
To be allowed, unless Cause be shewn to the contrary on the

Wednesday, July 15.
Day of Meeting.

Orders have been made, vesting in the Provisional Assignee Joseph Miller, Whittlebury-street, Hampstead-road, Mid.

the Estates and Effects of the following Persons: dlesex, painter, Aug. 10 at half-past 11, Court of Bankruptcy,

(On their own Petitions). London.-Edward Clark, Mortimer-road, Kingsland, Mid

James Barber, Coleman-street, and Fore-street, Crippledlesex, builder, Aug. 10 at half-past 1, Court of Bankruptcy,

gate, London, cloth worker : in the Debtors Prison for LonLondon.- Jos. Richard Holmes, Poplar, Middlesex, brewer,

don and Middlesex.-Jean Pierre Parent, Air-street, PiccaAug. 10 at 2, Court of Bankruptcy, London.-J. White, St.

dilly, Middlesex, tailor: in the Debtors Prison for London Benet's-place, Gracechurch-street, London, wine merchant,

and Middlesex.-John E. Stewart, City-road, Middlesex, Ang. 7 at 11, Court of Bankruptcy, London.-Jos. Taylor,

landscape painter : in the Debtors Prison for London and MidLiverpool, merchant, Aug. 11 at half-past 10, District Court

dlesex. - Charles Knapp, Edgeware-road, Middlesex, furni. of Bankruptcy, Liverpool.

ture dealer : in the Debtors Prison for London and Middlesex. To be allowed by the Court of Review in Bankruptcy, unless-Samuel Markham, Edmonton, Middlesex, out of business : Cause be shewn to the contrary on or before Aug. 7.

in the Debtors Prison for London and Middlesex..—Christo

pher Rawlings, Suffolk-street, Rotherfield-street, Lower-road, Wm. Cross, Weymouth, and Melcombe Regis, Dorsetshire,

Islington, Middlesex, builder: in the Queen's Prison.-John coal merchant.-John Bacon, York, carpenter. --Sam. Shann,

Jackson, Canning-place, Kensington, Middlesex, clerk in the Leeds, cloth finisher.-Pryce Mottram, Shrewsbury, Shrop

Admiralty, Whitehall: in the Queen's Prison.-W. Thirkell, shire, draper.-Thos. Harrison, Birmingham, victualler.-J.

Well-street, Hackney, Middlesex, farmer : in the Queen's Blundell, Wigan, Lancashire, pawnbroker.-Cuthbert Parker,

Prison.—John Shaw, Tabernacle-square, Shoreditch, MiddleLiverpool, linendraper.--Thos. Sutton the younger, Ather

sex, coachmaker : in the Debtors Prison for London and Midstone, Warwickshire, draper.-Wm. Rich. Parsons, Lime

dlesex.-G. A. H. Manning, Brompton, Middlesex, articled house-causeway, Middlesex, baker.--J. Howarth, Rochdale,

clerk to an attorney: in the Debtors Prison for London and Lancashire, woollen manufacturer.- Ed. Jos. Staples, Bris

Middlesex.-John Hollingworth, Kingston-upon-Hull, ship tol, surgeon.

owner : in the Gaol of Kingston-upon-Hull.-George Harris, FIATS ANNULLED.

Cromer, Norfolk, plumber : in the Gaol of Norwich.-Benj. Ed. Weeks, King's-road, Chelsea, Middlesex, hot-house Pearce, Gulval, near Penzance, Cornwall, farmer : in the Gaol builder.-David Johnstone, Chorlton-upon-Medlock, Man of Bodmin.-Wm. Jose, Leury, Cornwall, farmer : in the Gaol chester, joiner.

of Bodmin. — Joseph Brook, Hade-edge, near Holmfirth, SCOTCH SEQUESTRATIONS.

Yorkshire, clothier: in York Castle.-Wm. Dyson, Chapel Wm. Pugh, Edinburgh and Glasgow, chemist.-W. Wil.

Allerton, near Leeds, Yorkshire, out of business : in York

Castle.- Henry Tennatt, Shrewsbury, Shropshire, butcher : Bon, St. Erox, Ayrshire, cattle dealer.-Thos. Condie, Clack

in the Gaol of Shrewsbury. wattan, grocer. - James Reid, Edinburgh, boot maker.

The following Prisoners are ordered to be brought up before INSOLVENT DEBTORS

the Court, in Portugal-st., on Monday, Aug. 3, at 9. Who have filed their Petitions in the Court of Bankruptcy, I Henry S. Butler, Somers'-place East, New-road, Somers'end have obtained an Interim Order for Protection from town, Middlesex, carpenter, Wm. Jas. Cockerill, York-rd., Process.

Lambeth, Surrey, clerk to the London and Western Railway Frederick Tharratt, Alfred-mews, Tottenham-court-road,

Company.--Alexander Gordon, Albany-road, Old Kent-road, Middlesex, carrier, Aug. 6 at 12, Court of Bankruptcy, Lon. Surrey, master mariner.-G. M. Newman, New-street-mews, don-Wm. Green, Clare-court, Drury-lane, Middlesex,

Dorset-square, Middlesex, horse dealer.-John Nicholls the greengrocer, Aug. 6 at half-past 11, Court of Bankruptcy, elder, Albert-place, Jamaica-level, Bermondsey, Surrey, out London.- John Revell, Elizabeth-st., Pimlico, Middlesex, of business.-Sami. L. Coleman, Hereford-road, Westbournegrocer, Aug. 6 at 12, Court of Bankruptcy, London.-James

grove, Bayswater, Middlesex, town traveller.-Wm. Dugdale, Eaton, Hatfield Peveril, near Chelmsford, Essex, out of busi

| Holywell-street, Wych-street, and Golden-buildings, Mid. ness, Aug. 3 at half-past 11, Court of Bankruptcy, London.

dlesex, printer.-Pierre Louey, Basing-lane, London, out of -Thos. Daintry, Royston, Hertfordshire, clerk to the ma

business.-Jonathan Nash, Fore-street, Limehouse, Middlegistrates for the district of Odsey, Aug. 3 at half-past 11, sex, eating-house keeper.-John Howlett, Salmon's-lane, Court of Bankruptcy, London.-Henry Payne, London-st.,

Limehouse, Middlesex, beer-shop keeper. Thomas Hardy, Fitzroy-square, Middlesex, commercial clerk, Aug. 6 at 12, | Union-street, Spitalfields, Middlesex, broker. Court of Bankruptcy, London.-Samuel Jas. Pettit Warren Court-house, LEWES, Sussex, July 24, at 10. Matthews, Forest-row, Kingsland, Middlesex, auctioneer, Aug. 6 at 11, Court of Bankruptcy, London.-- Daniel Ken.

Benj. Priddey, Brighton, bricklayer. nedy, Wells-st., Oxford-st., Middlesex, brass worker, July 30

Court-house, WINCHESTER, Aug. 3, at 10. at 12, Court of Bankruptcy, London--Wm. Scholes Johnson,

Charles Savage the younger, Tretton, Portsea, clerk to a Colet-place, Commercial-road East, Middlesex, master mari.

builder.-John Austin, Christchurch, coachmaker.-Edward of B? Gilbert, Ipswich, Suffolk, butcher, July 27 at 1, Court of

ephen Hansford, Gosport, butcher. Bankruptcy, London.-Robert Hannah the elder, Wellington

Court-house, SOUTHAMPTON, July 31, at io.
place, Back-road, St. George's in the East, Middlesex, rigger, George James, Southampton, tailor.
July 30 at 12, Court of Bankruptcy, London.-Rich, Stear,
Lower Brook-st., Grosvenor-square, Middlesex, domestic ser: 1

Court-house, SHREWSBÚRY, Shropshire, July 31, at 10. vant, Jaly 30 at 11, Court of Bankruptcy, London. --Spencer Timothy Terry, Birmingham, upholsterer.Wm. Browon, Luke Nightingale, Chesterton, Cambridgeshire, tailor, July | Bridgnorth, butcher. 30 at II, Court of Bankruptcy, London.-George Jeffreys, Northfleet, Kent, clerk, July 30 at 12, Court of Bankruptcy,

Court-house, HERTFORD, July 31, at 10. London.- Robert Horn, Elvet-bridge, near Durham, pub

David Jones, Barnett, baker.-John Hunt, Hadham Cross, lican, Aug. 7 at half-past 12, District Court of Bankruptcy,

Great Hadham, corn dealer.- Jos. Clarke, Great Hadham, Newcastle-upon-Tyne.Merrick Jones, Ragland, Monmouth

farmer. shire, maltster, July 23 at 11, District Court of Bankruptcy,




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No: 498—Vol. X. : JULY 25, 1846.

PRICE 14. ** 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:

SA. GORDON, Esq. of the Inner || Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's House of Lords ........ { Temple, Barrister at Law. Court ...... ....1 Inn, Barrister at Law.

Tenison EDWARDS, Esq. of the Privy Council ..........1

SG.J.P.Smita, Esq. of the Inner

Court of Queen's Bench
Inner Temple, Barrister at Law.

2 Temple, Barrister at Law.

SA. V. KIRWAN, Esq. of Gray's The Lord Chancellor's S A. Gordon, Esq. of the Inner Queen's Bench Ball Court Inn, Barrister at Law. Court ..............1 Temple, Barrister at Law. l Court of Common Pleas, 7 D. Power, Esq. of Lincoln's

including | Inn; and Master of the Rolls Conrt S G. Y. Robson, Esq. of the Inner e nous cour 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

SW.M. Best, Esq. of Gray's Inn, Vice-Chancellor of Eng-J. Inner Temple, and

Court of Exchequer .....

Court of chequecl Barrister at Law. land's Court ........ ) CHARLES MARETT, Esq. of the || Ecclesiastical and Admi. J.P. DEANE, D.C.L. of Doctors'

[ Inner Temple, Barristers at Law. ralty Courts ........1 Commons. Vice-Chancellor Knights W.W. COOPER, Esq. of the Inner ||

W.W. COOPER, Esq. of the Inner Bruce's Court........l Temple, Barrister at Law.

et || Court of Review ......

"" | Temple, Barrister at Law.

LONDON, JULY 25, 1846.

| precedents of such decrees in the reigns of Henry VIII

and Edward VI having been produced, Mr. Phillips We remember, in a former volume of THE JURIST, to was, for such his assertion, committed to the Fleet. have discussed the question to what extent counsel is The following is an abstract of the order, which is bound to communicate to the court, the knowledge that curious in many respects:-And because the said Mr. he possesses upon the law of the case that he is dealing Phillips could not excuse himself of rashness and overwith; whether, in particular, counsel may properly sight in making the aforesaid information, (though he conceal from the court the knowledge of a decision protested he never meant by the same to impeach the which he believes would influence the judgment of honourable proceedings of this court, but was deceived the court against him; and we came to the conclusion, therein by the untrue information of the plaintiff, and that the court has a right to expect at the hands of craved pardon), therefore, and because the motion tendcounsel, such information on the law, as counsel believeed to the open accusation of the late Lord Chancellor to be material to the matter' in hand; that counsel and this honourable court, that they had not promay properly use the utmost ingenuity that his intel-ceeded seriously and according to right and equity in lectual acumen can suggest, to convince the court that this cause, which might not, for the honour of this the authorities brought before it are in his favour: in court, escape altogether unpunished, it was ordered, other words, he may influence the understanding of the that Mr. Phillips be committed to the prison of the judge, if he can; but he may not mislead him, passively, Fleet for his rash motion only, and not for any other any more than actively, upon the state of the author- fault or respect."” (Reg. Lib. 1587, fol. 626, Brocas v.

Savage, Knight, and the Lady Eleanor his wife). Mr. Upon this point we were not at the time aware that Phillips, as the subsequent books shew, did not suffer we had authority in support of our views, going much in his business from this act of oppression. beyond anything we then ventured to contend for; and Thus, we see, in those days, counsel were punished though we should be very loth either in our own person not merely for wilful misleading of the judge in matto experience, or to see applied to others, quite so strong ters of law, but even for ignorance,-for a rash assera jurisdiction as that which appears formerly to have tion of that which they believed to be a fact in the been assumed by the judges for the correction of trans- history of the law, but which turned out not to be so. gressions in the bar, we cannot forbear quoting, for Though this is going very far, yet the principle of it is the amusement if not for the edification of our readers partly the same as that which ought, we think, at this of the senior branch of the Profession, the following day, to govern the general relation between the court and anecdote, cited by Mr. Spence in his treatise on the Ju- the bar, viz. that the court relies upon the bar to assist risüiction of the Court of Chancery, (p. 243, note b.):- it with legal knowledge, and not to entrap it, either by

"Mr. Phillips," says Mr. Spence, “as counsel for the the untrue statement of that as law, which counsel plaintiff, having moved, before Sir C. Hatton, L. C., knows or believes not to be so, or by the wilful r*?' to set aside a decree of the late Lord Keeper Bromley, holding of that knowledge, the absence of whis asserting, as one of his grounds, that it was without the judge under an unfounded impression no war precedent to make an order against the plaintiff, many 'the law really is. It may be said that it is say: • Vol. X.



tinction which treats it is as unlawful not to inform of the defendant's work; and, as to the question of damthe judge of the state of the authorities, and as lawful num, it was held, that where there was clearly injuria, to press his judgment upon those authorities, in a wrong | the damnum was matter of which the plaintiff was to

judge; and an injunction was granted. direction. But the answer is, that the judge expects,"

se species. L. It is clearly settled, and this is more on the ground of and relies upon counsel for the information, and can- | fraud than of invasion of a right of property, that a pernot, if he had a memory of forty-counsel power, beson will be restrained from putting forth a literary work possessed of it at the very moment it is wanted, unless in such manner as to delude the public into the notion furnished with it by counsel; whereas he does not, in that it is the work of another; and to this principle may the least degree, rely upon counsel to assist him with in- be referred the case of Seeley v. Fisher, (il Sim. 581), ferences, and is, on the contrary, well aware, that, on where an injunction was granted to restrain A. from putthat point, his express function is to weigh the rea ting forth his work under advertisements tending to sonings of counsel, but to act upon his own.

produce the impression, contrary to the truth, that it contained matter which was, in fact, the property of

B. But if there be no such fraudulent misrepresentPOINTS ON THE LAW AND PRACTICE OF

| ation, but only statements which, whether true or INJUNCTIONS.

false, tend merely to encourage a belief that the matter (Continued from p. 279).

contained in A.'s work is the truly valuable matter, and that contained in B.'s is spurious and of no value,

an injunction will not be granted to restrain such reInjunctions to restrain Proceedings at Law.

presentations. Where the purchaser of premises from the sheriff, In Palin v. Gathercole, (1 Coll. 565), the point deunder a sale, in pursuance of an execution, obtained cided as to the right of the receiver of letters to publish possession, but no assignment, so that he had not the them was this, that he will not be permitted to publish legal title, and the question between him and the de-them for the purpose of representing to the public as fendant was, whether the sale was regular or not, a true, that which he has, in legal proceedings upon that question which would not be at all tried in ejectment, very question, admitted to be false. The circumstances the defendant in equity was restrained from proceed of that case were these :- Palin, the plaintiff, had writing in ejectment against the purchaser of the premises, ten to Gathercole, the defendant, who was the editor of and liberty was given to the latter to take such pro- a newspaper, certain letters, containing information receedings at law as he might be advised, to try the le- specting one Nokes, and Gathercole, from these letters, gality of the sale, and to perfect his title at law. drew up an article which he published in his news(Jones v. Hughes, 1 Hare, 383). So, where the allega- paper. "Nokes brought an action against him for libel, tion of the bill and affidavits were, that A., being in- and he compromised the action, paying Nokes costs, and debted to B., B. in his lifetime desired A. not to return apologising. Gathercole then claimed of Palin half the the money, but to hold it for C., and that B. never in costs that he, Gathercole, had so incurred, and, Palin rehis lifetime called upon A. to pay him, and, after B.'s fusing to pay them, Gathercole published in his newsdeath, his executor brought an action against A. for paper a statement that the libel upon Nokes was comthe debt, an injunction was granted to restrain the municated to him, Gathercole, by Palin. Palin thereaction, at the suit of the alleged cestui que trust, the upon brought an action against Gathercole, and Gathermoney being brought into court, on the ground that cole pleaded that the matter, however libellous as bethe real question, which was, whether a trust was tween Nokes and Gathercole, was matter of which, as created by B. in favour of C., could not be tried in the between Palin and Gathercole, Palin was the author; action. (MFadden v. Jenkins, 1 Hare, 458).

but, before trial, Gathercole submitted to what was in Both these cases proceed on the principle, that equity effect a general verdict, establishing in substance, as his will not suffer proceedings at law, where there is some Honor Knight Bruce, V. C., expressed it in his judgequitable claim set up by the plaintiff in equity, which, ment, that the libel published by Gathercole of Nokes, owing to the forms of legal proceedings generally, or of was not a libel which Palin had communicated to Gathe particular legal proceedings, cannot properly be thercole. Gathercole then proceeded to shew Palin's tried in them. The following case is referrible to a dif- letters to third persons, upon which Palin filed his bill ferent principle, viz. that equity will not suffer pro- for an injunction to restrain Gathercole from publishceedings to be taken at law, where proceedings, in ing or shewing the letters, and obtained an ex parte inwhich full justice could be done, have already been junction. The use which Gathercole desired to make taken in equity.

of the letters was, it will be observed, to establish the In the case referred to, an estate had been the sub- fact that Palin was the author of the libel upon Nokes, ject of an administration suit, and had been fully ad- the very fact which he had, by submitting to the ge ministered, the executor having every opportunity of neral verdict in Palin's action, admitted not to exist. examining every charge upon the estate, and every par- Under these circumstances the court refused to dissolve ticular constituting it; he was, on that ground, re- the injunction, permitting, however, the defendant to strained from continuing actions, brought without the exhibit the letters to his solicitors and counsel in the leave of the court, against persons parties to the suit, cause. to recover property belonging to the testator. (Oldfield v. Cobbett, "6 Beay. 515. See also Oldfield v. Čobbett. 5 Injunctions in Aid of specific Performance, and to the Beav. 132).

strain Breach of Trust and Confidence. Injunctions to restrain Infringement of literary Rights. I will not during nor after the expiration of the term of

A covenant by an articled clerk to a solicitor, that he In a recent case, (Campbell v. Scott, 11 Sim. 31 ), his articles, be professionally concerned for any persons which was a case of alleged infringement by printing who had been, or should from time to time thereafter whole passages from the plaintiff's book, the taking become, the master's clients, has been held recently not of the plaintiff's compositions by the defendant was ad- to be so far in restraint of trade as to prevent the court mitted. The defence was, that the matter taken from from granting an injunction to restrain the clerk, after the plaintiff was trivial in quantity, and that it was used the expiration of his articles, from acting for persons by way of illustration, and could not injure the plain- who had been clients of the master during the articles; tiff's sale. The court thought it was not used merely by and that although, by the terms of the agreement, the way of illustration, but formed part of the substratum master might put an end to the period of the articles at any time upon one week's notice. (Nicholls v. Hutton, 7 (Gooseman v. Dann, 10 Sim. 317). And where, before Beav. 42).* An appeal was presented in this case, and a the Orders of 26th October, 1842, the clerk in court of case at law directed; but whether anything further was the defendant was served, without order, with an indone in it, the writer has been unable to ascertain. It junction, it was held that that was not good service, bemay be thought that this case goes much further than canse the clerk in court was only the agent of the party any of the preceding cases upon agreements in restraint to receive notice of the proceedings in the cause; but of trade, as, by the terms of the covenant, the defendant an injunction is extraneous to the cause, and not a prowas restricted from being employed by any persons ceeding in it. But, if the plaintiff cannot succeed in whatsoever who might at any time during the whole serving it on the defendant, and the defendant's solicitor life of the covenantee become his clients,- whether the refuses to accept service, service will be ordered on the covenantor acquired his knowledge of them through solicitor. (Kirkman v. Honnor, 6 Beav. 400). his connexion with the covenantee, or not. In Whit- The point decided in The Earl of Chesterfield v. Bond taker v. Howe, (3 Beav. 383), where an injunction (2 Beav. 263) has been further settled by two later was also sustained for enforcing the performance of cases, Reece v. Humble (10 Sim. 117) and Lord Hara covenant by Howe not to practice as a solicitor in borough v. Wartnaby, (1 Phil. 364). The rule now Great Britain, although the circle within which the is, that all motions of course may be made out of term restriction was to operate was very large, the period as well as in term, on any day, whether a seal day or was limited to twenty years. In that case, the defend- not.

C. S.D. ants had sold their business of solicitors to the plaintiff, with a stipulation, that, after a certain period,

Imperial Parliament. neither of the defendants “should practise as solicitors or attornies in any part of Great Britain for the space of twenty years, without the consent of Whittaker"

HOUSE OF COMMONS. (the plaintiff). Howe, one of the defendants, commit

Wednesday, July 22. ted a breach of this agreement, by taking chambers CHARITABLE Trusts Bill.-Mr. Hume moved the order near the original place of business that he had occupied. of the day for going into committee on this bill. and making demonstrations of commencing practice; 1

| Sir G. Grey said, that, since the second reading of the bill, and Lord Langdale held the restraint, upon the autho

he had received several communications on the subject, which, rities, not unreasonable, and granted an injunction re

though favourable to its principle, shewed an anxious wish to

:have a measure of a more general character introduced by the straining the defendant from practising in any part of

Government itself. As the Government were prepared to act Great Britain.

on this general wish of the public, and as Parliament had al. As it is a breach of a trust in a trustee to exercise

ready admitted its principle, which was that of the account. any of the legal powers which he may have as such ability of trustees of charitable trusts to Parliament, he did trustee, except for the legitimate purposes of the trust, hope that his hon. friend would consent to postpone the bill to a trustee attempting so to do may be restrained. Thus, next session. where the indorsee of a bill indorsed to him, without Mr. Hume said, that his object was, in one respect, gained, consideration, for the purpose of recovering upon it by the admission of the principle of accountability of trustees against the acceptor, for the benefit of the drawer, at- of charitable trusts to Parliament. He had received several tempted to bring an action upon it against the drawer. | communications on the subject of the bill, all admitting the a demurrer to a bill for an injunction against his pro

good which it was calculated to do, but all pointing out how ceeding in the action was overruled. (Balls v. Strutt,

much further it might be carried. Under these circumstances, 1 Hare, 140).

and as the Government had taken the matter into its own

hands, and was prepared to bring in a much more comprehen. Injunctions against Waste by Mortgagor in Possession.

sive measure, he was willing to postpone it in the first instance

to Wednesday next. It is well settled, that a mortgagee is entitled to an

The committee on the bill was postponed for a week. injunction to restrain the mortgagor in possession from

DEATH BY ACCIDENTS COMPENSATION BILL.-On the cutting timber, provided it is made to appear, on behalf order of the day for going into committee on this bill, of the plaintiff, that the land is an insufficient or scanty Sir F. Thesiger said, he believed that his hon, friend who security without the timber. (Hippesley v. Spencer, 5 had the charge of this bill had never yet stated to the House Madd. 422). But it is obvious, that, in the absence of the objects and various provisions of it, nor had anything authority, there might be as much doubt as to what is, passed upon it in another place beyond a few pleasantries in point of law, a scanty security, as upon any other ques- which were bandied about by two noble and learned lords, as tion of mixed fact and law. In a recent case, however, to the hopes of the one and the profits of the other. The bill a sort of rule was laid down as to what is meant by á | involved a principle which deserved the serious attention of the sufficient security. It is not sufficient if the property is

House, and he trusted that the House would indulge him for a just equal to the mortgage debt and all expenses; but

few moments, whilst he explained the view which he took of

this bill, and the course he would suggest that his hon. friend the proper question to be tried is, whether the property

should adopt under the circumstances. The House was, peris sufficient in this sense, that the security is worth so

haps, aware of the state of the law upon this subject. Where much more than the money advanced, that the act of

a person received any injury arising out of the carelessness or cutting timber is not to be considered as substantially

negligence of another, he was entitled to maintain an action to impairing the value, which was the basis of the contract

recover damages; and if the person producing the injury was between the parties at the time it was entered into a servant, the action might be brought against the master. (King v. Smith, 2 Hare, 239). The affidavit in support But, if death ensued from an accident, all persons were exof such a motion should state enough of the facts shew-empted from civil responsibility. Most unquestionably the ing the value of the security to enable the court to distinction appeared to be very inconsistent and unreasonable, judge for itself.

and he should be prepared to introduce a measure which would Practical Points.

have the effect of relieving the law from the anomaly that ex• If a motion for an injunction is ordered to stand over,

isted in that respect. By the common law, a personal action

died with the person; but statutes had been passed by which with liberty to the plaintiff to bring an action, and the

the executors and administrators of a deceased party were enplaintiff does not proceed to bring any action, the de

titled to maintain an action for any damages which had arisen fendant will be entitled to have the motion dismissed

to his personal property, and in some instances to his real prowith costs. (Perry v. Truefitt, 6 Beay. 418).

perty. Now, he had no objection to continue and enlarge that Generally, an injunction ought to be served on the

principle, and to apply it to this particular act, and to say, that defendant personally, or on some person who, by an the executors or administrators of a person who had received order of the court, has been substituted for him. I an injury which had occasioned death should be entitled to

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