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JAMES SUTCLIFFE, JOHN SUTCLIFFE, and WIL. Within, London, hatter, Sept. 14 at 12, Court of Bankruptoy, LIAM BERRY, Birstall, Yorkshire, cotton spinners, London.Joseph H. Nail, John-street, Tottenham-court-rd., dealers and chapmen, Sept. 1 and 22 at 11, District Court Middlesex, builder, Sept. 17 at half-past 1, Court of Banks of Bankruptcy, Leeds : Off, Ass. Hope ; Sols. Wavell, ruptcy, London.-C. G. M. J. Hopkins, Portman-st., Port. Halifax; Courtenay, Leeds; Gregory & Co., Bedford-row. man-square, Middleses, tailor, Sept. 11 at 11, Court of Bank- Fiat dated Aug. 18.

ruptcy, London.-A. Reed and S. J. Powell, Tottenham-courtRICHARD HENRY HARTLEY, Halifax, Yorkshire, stock road, Middlesex, ironmongers, Sept. 11 at 12, Court of Bank

and share broker, accountant, and general agent, Sept. 1 and ruptcy, London.-J.Valle, Manchester, and Arnfield Mottram, 24 at 11, District Court of Bankruptcy, Leeds : Off. Ass. Cheshire, commission agent, Sept. 12 at 11, Court of Bank Young; Sols. Mitchell, Halifax ; Courtenay, Leeds; Jacques ruptcy, London.-Rob. Hearn, Doddington-grove, Kenning& Co., Ely-place, London.-Fiat dated Aug. 18.

ton, Surrey, and Wood-st., Cheapside, London, commission CHARLES THOMAS WOOD, Liverpool, corn factor and agent, Sept. 17 at 11, Court of Bankruptcy, London.—John share broker, Aug. 29 and Oct. 1 at 11, District Court of Jos. Taylor, Tooley.street, Southwark, Surrey, tobacconist, Bankruptcy, Liverpool : Off. Ass. Cazenove ; Sols. Robin. Sept. 17 at 2, Court of Bankruptcy, London.-Wm. Henry son, Liverpool; Vincent & Sherwood, Temple, London. Hounsfield, Cardiff, Glamorganshire, draper, Sept. 14 at 11, Fiat dated Aug. 14.

District Court of Bankruptcy, Bristol.- Griffith J. Hughes, EDWARD MUNDY, Liverpool, house, land, and commission Liverpool, commission merchant, Sept. 15 at li, District

agent, dealer and chapman, Sept. 2 and Oct. 1 at 11, District Court of Bankruptcy, Liverpool. -Edward S. Harley, BirCourt of Bankruptcy, Liverpool: Off. Ass. Morgan ; Sols. mingham, grocer, Sept. 29 at 10, District Court of BankDaries, Liverpool; Rogerson, Lincoln's-inn-fields, London. ruptcy, Birmingham.-Samuel Hall, Manchester, commission --Fiat dated Aug. 12.

agent, Sept. 15 at 1, District Court of Bankruptcy, ManchesHENRY TATE and ROBERT LUCAS NASH, Bristol, ter.-J. Scholes, Blackley, Manchester, dealer and chapman, stock and share brokers, dealers and chapmen, Sept. 4 at Sept. 15 at 12, District Court of Bankruptcy, Manchester 12, and Oct. 15 at 11, District Court of Bankruptcy, Bris- Horatio Rains, Newton-wood, Newton, Cheshire, boiler maker, tol: Off. Ass. Acraman; Sol. Fox, Bristol.Fiat dated Sept. 14 at 12, District Court of Bankruptcy, Manchester. Aug. 11.

To be allowed by the Court of Review in Bankruptcy, unless MEETINGS.

Cause be shewn to the contrary on or before Sept. 11. Lawrence Kennedy, Rochester-terrace, Stoke Newington, Sam. A. Bull, Frome Selwood, Somersetshire, dyer.-R. Middlesex, pawnbroker, Sept. 16 at 1, Court of Bankruptcy,

| Mills and Geo. Puckle, Southwark, and Corn Exchange, Mark. London, last ex.- Thomas Moger, Holborn-hill, London, and lane, London, hop factors.--Jas. Baines, Manchester, grocer. Coventry-street, Haymarket, Middlesex, poulterer, Sept. 16 at -John Burgh Crampern, Wharf-road, City-basin, City-road, balf-past 12, Court of Bankruptcy, London, last ex.-George Middlesex, coal merchant.-Hen. Harris, Leman-st., GoodPrince, Romsey, Hants, wine merchant, Sept. 16 at 12, Court man's-fields, Middlesex, teacher at the Jews' Orphan Asylum. of Bankruptcy, London, last ex.-George Baxter, Church-st., -Edw. Smyrk, Hill-st., Windmill-st., Finsbury, Middlesex, St. George's, Southwark, Surrey, currier, Sept. 1 at 11, Court upholsterers fringe manufacturer.-Chas. Wadhams, Charof Bankruptcy, London, last ex.-Richard Knight and Alfred lotte-st., Portland-place, New-road, Middlesex, carpenter. Knight the younger, Budge-row, London, wholesale stationers, I. Wm. Baldock, Nottingham, grocer. Sept. 17 at 2, Court of Bankruptcy, London, aud. ac.- Ch.

FIATS ANNULLED. 'Kinnell, Fenchurch-street, London, wine merchant, Sept. | 16 at 2, Court of Bankruptcy, London, aud. ac.-E. Buona- |

Jos. L. Butler, Liverpool, coal merchant.-Wm. Curtis, parte Smithis and J. Alexander T. Mathews, Great Dover

Croydon, Surrey, builder. road, Newington, Surrey, glass merchants, Sept. 17 at 1, Court

PARTNERSHIP DISSOLVED. of Bankruptcy, London, aud. ac.-Wm. Marshall Smithson, Robert Russell and Geo. Mackenzie, Martin's-lane, Can. Canterbury, printer, Sept. 17 at half-past 2, Court of Bank- non-st., London, attornies and solicitors. ruptcy, London. aud. ac.-G. B. Wadsworth, Broad-street,

Scotch SEQUESTRATIONS. Golden-sq., Westminster, Middlesex, apothecary, Sept. 17 at Wm. Stott, dec., Edinburgh, painter.- Jas. Rankine, Fal12, Court of Bankruptcy, London, aud. ac.--James Bird, | kirk, Stirlingshire, distiller. -Wm. Shand & Co., Glasgow, Club-row, Bethnal-green, Middlesex, timber merchant, Sept. merchants.-John Clark, Campbelltown, Ardersier, Inverness16 at half-past 2, Court of Bankruptcy, London, aud. ac.- shire, flesher.-Wm. Thom, Langloan, flesher. Dav. SimpRichard Mills and George Puckle, Southwark, and Corn Ex

I son and Quintin Dick, Glasgow, writers.-Wm. Greig and change, Mark-lane, London, bop factors, Sept. 12 at 11, Court | Wm. J. Carswell, Glasgow, stockbrokers. of Bankruptcy, London, aud. ac.--Arthur Burton, Ranelagh- | Wharf, Pimlico, Middlesex, coal merchant, Sept. 15 at 11,

INSOLVENT DEBTORS Court of Bankruptcy, London, aud. ac.- Edw. Beedel and Who have filed their Petitions in the Court of Bankruptcy, Charles Reffold, Reading, Berkshire, builders, Sept. 15 at 1, and have obtained an Interim Order for Protection from Court of Bankruptcy, London, aud. ac.-J. Collins Staines, Process. Oundle, Northamptonshire, tailor, Sept. 12 at half-past 11, Wm. H. Green, Bedford, dyer, Sept. 17 at 11, Court of Court of Bankruptcy, London, aud. ac.--Wm. Locks, Leo- Bankruptcy, London.- Isaac Morley, Penistone, Yorkshire, nard-street, Shoreditch, Middlesex, timber merchant, Sept. 12 butcher, Sept. 1 at 11, District Court of Bankruptcy, Leeds. at 12, Court of Bankruptcy, London, aud. ac.-Jas. Perry, 1-Dan. Stead, Daw-green, Dewsbury, Yorkshire, weaver, Harlow, Essex, grocer, Sept. 15 at 11, Court of Bankruptcy, Sept. 1 at 11, District Court of Bankruptcy, Leeds.-John London, aud. ac. -- Mark Cooke, Denton, Manchester, joiner, Greenwood, Bradford, Yorkshire, cordwainer, Sept. 1 at 11, Sept. 15 at 12, District Court of Bankruptcy, Manchester, District Court of Bankruptcy, Leeds.-John Gilling, Rotherand. ac.---John Nield, Manchester, and Bank-mill, near Lees, ham, Yorkshire, tailor, Aug. 28 at 11, Town-hall, Sheffield. Ashton-under-Lyne, Lancashire, also of Saddleworth, York Wm. Broadhead, Leeds, Yorkshire, cloth drawer, Aug. 25 at shire, woollen manufacturer, Sept. 15 at 12, District Court of 11, District Court of Bankruptcy, Leeds.- John Crookes, Bankruptcy, Manchester, aud. ac.--Wm. Richardson, New- Thornset, Bradford, Ecclesfield, Yorkshire, quarryman, Aug. castle-upon-Tyne, glass manufacturer, Sept. 10 at half-past 28 at 11, Town-hall, Sheffield.--Thos. Norris, Sneinton, Not10, District Court of Bankruptcy, Newcastle-upon-Tyne, aud. tinghamshire, accountant, Sept. 8 at 12, District Court of 2.- Mark Barnes, Woodbridge, Suffolk, chymist, Sept. 12 at Bankruptcy, Birmingham. 11, Court of Bankruptcy, London, div.-J. Godfrey Wilson,

Wednesday, Aug. 19.
Standard Factory, Wenlock-basin, Wharf-road, City-road,
Middlesex, engineer, Sept. 12 at 11, Court of Bankruptcy,

Orders have been made, vesting in the Provisional Assignee London, div.-Joseph Salmon, Beaumont, Essex, carpenter,

the Estates and Effects of the following Persons: Sept. 12 at 2, Court of Bankruptcy, London, div.

(On their own Petitions).

Henry Herbert Player, Maddox.st., Regent-st., MiddleCERTIFICATES.

sex, gentleman : in the Debtors Prison for London and MidTo be allowed, unless Cause be shewn to the contrary on or dlesex.-Jos. Ansell, Lucas-st., Commercial-road, Middlebefore the Day of Meeting.

sex, licensed hawker : in the Debtors Prison for London and Wm. Joy, Tonbridge, Kent, plumber, Sept. 11 at 2, Court Middlesex.-Jas. Lathbury, Aldgate High-st., Whitechapel, of Bankruptcy, London.-James Weston, Bishopsgate-street | London, meat salesman: in the Debtors Prison for London

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No. 503—Vol. X. AUGUST 29, 1846.

PRICE ls. ** 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:House of Lords ..

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LONDON, AUGUST 29, 1846.

the powers now vested in the Board of Trade with re

spect to railways and railway companies; and this The bill now before the House of Commons for con- seems to be the immediate object of the bill. But the stituting Commissioners of Railways, may be considered preamble and the 10th clause shew that it is intended the germ of most important measures. It is conceived to give the commissioners a much more extensive field in language so large, on some points, as to permit the of operation. “Whereas," says the preamble, “by an experiment of the Legislature referring to a permanent act passed in the fourth year of the reign of her Mabody, the consideration of many matters which are now jesty, intitled, “An Act for regulating Railways;' and inquired into by the committees of the two Houses; by another act passed in the sixth year of the reign of and it may, 'and probably will, pave the way to the her Majesty, intitled, 'An Act for the better Regulation establishment of what has been so often advocated in of Railways, and for the Conveyance of Troops;' and these pages, viz, a tribunal in the nature of a judicial by another act passed in the eighth year of the reign of committee, to consider and report to the two Houses, her Majesty, intitled, 'An Act to attach certain Conupon the business relating to the establishment by pro- ditions to the Construction of future Railways, auposed railway companies, of their claims to the sanction thorised, or to be authorised, by any Act of the present of the Legislature.

or succeeding Sessions of Parliament, and for other The ostensible and immediate object of the bill is to Purposes relating to Railways;' and by two other acts constitute a separate board for the transaction of the passed in the last session of Parliament for consolidating business at present entrusted, under several statutes, in one act certain provisions usually inserted in acts to the Board of Trade; and it is proposed to be enacted authorising the making of railways respectively, and for that purpose, that the Queen shall appoint five by sundry local acts of Parliament, certain powers with commissioners, removeable at her pleasure:-one of respect to railways are vested in the Lords of the Comthem to be a paid president, who may be in Parliament; mittee of her Majesty's most Honourable Privy Council two to be paid commissioners, incapable of sitting in for Trade and Foreign Plantations; but it is expedient Parliament; and two to be unpaid, and capable of that a separate department be constituted for these pursitting in Parliament. It is almost a waste of words to poses and for other purposes relating to railways; be it observe, that the business and power of the board will enacted,” &c. be, in all probability, after a very short time, concen- ' And the 10th clause is in the following words :trated in the president and the two paid commissioners; “Be it enacted, that it shall be the duty of the said and it is not easy to be understood why the two unpaid commissioners to examine and report to her Majesty commissioners, who are obviously intended to be Mem- and both Houses of Parliament upon any subject rebers of Parliament, should be added to the machinery, lating to any railway, or proposed railway, which shall unless it be, in imitation of the committee-men of the be referred to them for their opinion by her Majesty, Commonwealth, to act as organs of Parliament, to watch or by either House of Parliament; and especially in and see that the servants of Parliament do not become the case of any application to Parliament for any act its masters.:

for making or maintaining any railway, it xh.11.b By the 2nd clause, the commissioners are to have all their duty to inquire and report, VOL. X.

GG

“ Firstly, whether there are any lines or schemes quiescence. We allude to the opinions of scientific

competing with the proposed railway: persons, resorted to as evidence of natural or mechani“ Secondly, Whether by the bill for such act it is cal phenomena. In cases of alleged murder, where the

proposed to take powers for uniting with such suspected cause of death is poison, and either the fact railway, or proposed railway, any other rail- of poison having been administered, is denied; or, that way or canal, or to purchase or lease any rail-fact being admitted, the defence is, mistake in the seway, canal, dock, road, or other public work, lection between poison and medicaments; or where the undertaking, or easement:

fact. of murder by violence, or otherwise, is not denied, “ Thirdly, Whether by such bill it is proposed to but the defence is, the state of mind of the homicide:

constitute any branch railway, or any other |--in civil cases, also, turning upon patent rights, where

work in connexion with the proposed railway: the fact of infringement of a patent depends frequently “Fourthly, Whether any plans and sections of any on the question, whether certain mechanical combina

such proposed railway, which, pursuant to any tions are or are not discoveries, or whether they are order of either House of Parliament, shall have merely mechanical equivalents for other combinations, been deposited in their office, are correct, and, in cases turning upon many other rights of property, if not, in what particulars, and how far, they in which the mechanical effect of the natural powers, are incorrect, and whether or not, in the opin- such as the force exercised by bodies of water in motion ion of the commissioners, such errors as they under a given state of circumstances :-in all these, and shall find are material to the object for which many others, courts of justice are compelled to call in such plans and sections are required.”

to assist them, the testimony of persons expert, or reWe see, therefore, by the preamble, that the new puted to be expert, in the particular branch of knowboard is intended to be a department acting for the ledge affecting the contested facts, and, to a certain purposes for which, before, the Board of Trade acted; extent, to rely upon their opinions as evidence of the and for other purposes also, for which the Board of results that must necessarily follow certain assumed Trade had no power to act. And, by the 10th section, states of circumstances. But courts and juries are not we see that the new board is to examine and report | bound, and ought not to do what they too frequently upon any subject relating to any railway, or proposed do, viz. assume that witnesses brought forward as scirailway, which shall be referred to it by the Queen, or entific men, and enjoying a high public reputation as by either House. Under this clause, it is manifest such, have exhausted the subject to which they have : that a reference to the board might be directed to in- applied themselves, and have let nothing escape their quire and report to either House, whether a proposed notice which might tend to disturb the calculations on railway company could make a case for a bill; in other which they base their testimony. words, either House may, if it thinks fit, under this We have seen on many recent occasions, that the clause, refer to the railway commissioners precisely the testimony of medical men has been accepted as conbusiness that it now transacts in its own committees.clusive, with reference to the state of sanity of a person A board constructed under this bill will not, we con-charged with crime, when a very little examination of ceive, be armed with powers and machinery sufficient their evidence would have shewn, that, however supeto enable it to transact the whole business of a Parlia- rior they may be, and naturally must be, to lawyers in mentary railway committee, nearly so well as such com- their knowledge of the theory and indicia of mental dismittee; and it is probably not intended by either House | ease, they are yet uninformed on so many points, that at present to part with its privilege of deciding on rail- their reasonings are, upon the face of them, based on way applications in its own committees. But we have no an incomplete state of facts, and, therefore, incondoubt, that, the board being there, and the power of re- (clusive. ferring matters to it being there, the honourable Houses On other occasions, our books contain many exwill begin by referring to it from time to time such amples of faith being placed in the opinions of scienmatters as they find troublesome, and will gradually tific persons, as evidence of facts in mechanical philoslide into the habit of adopting the board, so far as its sophy, which increased knowledge, and that at no very construction enables it to be useful, as a sort of judicial distant period, has shewn to be altogether unfounded committee to advise them. If, therefore, this bill passes assumptions instead of facts. We need only refer to into law, the first step will have been taken towards the celebrated instance mentioned by the late Mr. Gresthe formation of a distinct tribunal for the dispatch of ley in his work on Evidence, (p. 360). “I may be railway business; and we may, ere long, hope to see a permitted to observe,” says that writer, " that witnesses regular fixed court established by Parliament, in which of this description are apt to make themselves appear such business will be disposed of in a way much more less trustworthy, by forgetting that their science has complete, and less expensive, than has yet been known. advanced them beyond the ideas of people in general,

Mr. Brunel being asked, in cross-examination, before a

committee a few years since, (we believe the period of ON THE WEIGHT DUE TO SCIENTIFIC

this examination was somewhere about 1826), how fast EVIDENCE.

steam-carriages might be expected to travel on railroads, THERE is a species of evidence on which, ex necessi- which the counsel contemptuously told him to stand

answered, “Very possibly ten miles an hour;' upon tate rei, much reliance must be placed in a considerable down, for he should ask him no more questions; and class of cases, but which it has been the fashion of late the weight of his former evidence was very much imyears to receive with something too much of blind ac- paired."

Now here Mr. Brunel was treated by counsel as a

Correspondence. foolish witness, because such implicit faith was placed in the general opinion of scientific men, who then thought it perfectly absurd to anticipate a speed of

TO THE EDITOR OF "THE JURIST." more than five or six miles per hour as possible, that Sir,-The passing of the acts of last session * “ to evidence so strongly at variance with that opinion would, facilitate the conveyance of real property,” and “to it was felt, be considered by the court as evidence of facilitate the granting of certain leases,” being followed the insanity of the witness, rather than of the fact to by the introduction of another conveyancing bill in the which he was testifying.

present session, has necessarily directed much of the But it is particularly with reference to adopting the attention of the Legal Profession not merely to these evidence of chemists, that the utmost caution ought to acts and bill, but also to the general advisability of the be exercised; because, on the subjects to which their mode of legislation adopted in them. studies and experiments apply, differences of procedure. The proposed bill is too bulky to be treated of in so or manipulation, so slight as to elude the most vigilant, short a communication as I purpose troubling you with will sometimes produce the most striking differences in On the acts of last session I beg to make two or three the results; so that inferences totally at variance with observations. truth may be drawn, by adopting as evidence the opin- The covenants for title given in the second column of ions of even very skilful men. An example of this kind the Schedule to the Conveyance Act, and intended to occurred on a very recent trial, shewing the extreme be expressed shortly by the first column, have now caution that is requisite in founding conclusions for or become positive covenants, having, previously to 1844, against a prisoner, upon the result of chemical ex- been exceptive; and to that extent the change effected periments.

is advantageous, inasmuch as the covenants (that is. The trial was of a young woman on a charge of the the old forms in column 2) now express what the parmurder of an infant, by administering vitriol to it. The ties intend-what the covenanting party is to answer prisoner's defence rested mainly upon this question : for,-instead of being, as formerly, a clumsy way of whether sulphuric acid, sugar, and water, mixed to expressing that the covenantor would not be answeragether in certain proportions, would, in point of colour, ble for the acts, &c. of any persons except those menproduce, a few minutes afterwards, a similar, or somewhat tioned in the covenants. This change is not, however, similar appearance, to a mixture of anniseed, sugar, and produced by the Conveyance Act itself, but by the 4th water mixed in the same proportions. The effect of the section of the previous act of the same session t, « to evidence generally was such, that upon the solution of amend the law of real property,” which is a substitute this question depended the conclusion of guilty or not. for the 6th section of the act of 7 & 8 Vict. c. 76, “ An

If the same result as to appearances followed upon the Act to simplify the Transfer of Property.” The genemixing of both sets of ingedients, it established the ral covenant for title legally implied by the word “ give" prisoner's innocence. If a palpably different colour and or the word “grant,” being taken away by the Real appearance was the result, it went very far towards es- Property Act, renders the covenants in the Conveyance tablishing the presumption of her guilt.

Act positive, as just mentioned I. On the covenant The question was put to a surgeon of extensive gederal practice, and his answer was, that the two mix

(No. 6) for production of deeds, it is to be observed, tures would produce similar or nearly similar appear

that it does not contain the usual, and it might be alances. After he had given his evidence, and whilst most said universal, proviso for the case of the deeds the trial was proceeding, a doubt arising in his mind. / being handed over to a purchaser, &c. he left the court, and, with an eminent chemist, alsó Passing by these matters as of little comparative ima witness at the trial, made the experiment. They

portance, the great question presents itself, whether it is returned into court, and the surgeon requested the

| desirable to frame deeds by the aid of interpretation judge to allow him to correct his testimony, stating clauses, or rather interpretatio

clauses, or rather interpretation acts,-a question of great that he found, upon trial, that the two mixtures

importance to all having, or hoping to have, property, produced very different appearances, and he held up

and which, to some extent, has been, and to an almost in court two wine-glasses, one with the anniseed mix

endless extent will be, discussed by various writers in ture, which was of a yellow colour, the other with

periodicals of all periods, and in pamphlets innumerable. the sulphuric acid mixture, which was perfectly black.

I shall, therefore, remark only, that, if it be a good The counsel for the prisoner inquired in what order the way of shortening deeds, it might be carried to perfecwitness had mixed the ingredients producing the blacktion by refer

the Keeletion by referring to the parts of the deeds by numbers; appearance, and, finding that it had been done in the for example: “ This indenture, &c., between &c. Profollowing order. viz. the sulphuric acid first, then the perty settled, 30001. Consols. Settlement clauses, Nos. sugar, and then the water. he required that the experi- | 1, 2, 3, &c. In witness, &c.;” or the conclusion might ment should be repeated in court, putting first the sul- also be a number included in the “ &c.” phuric acid, then the water, and then the sugar. The – result of this order of mixing was, that the compound

* 8 & 9 Vict. cc. 119, 124. + 8 & 9 Vict. c. 106. solution was of a yellow colour, and as nearly as possible I We think the expressions of our correspondent are not resembled the mixture of anniseed, sugar, and water. perfectly accurate upon this point, and may lead into error. But for the information, possibly obtained by a mere

The old covenants for title were not strictly either positive or chance experiment, which suggested to the advisers of

ore of exceptive: they are qualified, as distinguished from absolute; the prisoner, how much depended upon the order in effe

- but they were never exceptive, and are not rendered, by the

11 | effect of the 8 & 9 Vict. c. 106, and 8 & 9 Vict. c. 119, more which the ingredients were mixed, it is obvious that in this case an innocent life might have been sacrificed

positive than they were before. The ordinary covenants for

title were, and will be still, under the 8 & 9 Vict. c. 119, to an error in a chemical experiment, resting upon a simply covenants that the acts and omissions of certain specified cause so trifling as to elude the observation of men of persons have had, and still have, no effect in dama undoubted professional skill and knowledge.

and the enjoyment of the covenantce.

e title

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