RICHARD LEA, Bewdley, Worcestershire, surgeon, che- WILLIAM CARPENDALE, Kingston-upon-Hull, jeweller MEETINGS. holder, Dec. 9 at 12, Court of Bankruptcy, London, fin. div.Alexander Macdonald, Leadenhall-street, London, merchant, Dec. 9 at half-past 11, Court of Bankruptcy, London, div.Alexander Horatio Simpson and Peter Hunter Irvin, Blackfriars-road, Christchurch, Surrey, engineers, Dec. 9 at halfpast 12, Court of Bankruptcy, London, div.-Benj. Baldwin, Liverpool and Manchester, and Old Jewry, London, warehouseman, Dec. 9 at half-past 1, Court of Bankruptcy, London, fin. div.-Wm. Henry Pease, John Robt. Pease, and W. Henry Thompson, Ingram-court, Fenchurch-street, and Limestreet, London, wine merchants, Dec. 10 at 11, Court of Bankruptcy, London, div.-Henry Hutchinson, Liverpool, merchant, Dec. 11 at 12, District Court of Bankruptcy, Liverpool, div.—Benjamin Marshall, Selbridge Abbey, Kildare, Ireland, woollen manufacturer, Dec. 11 at 12, District Court of Bankruptcy, Liverpocl, div. CERTIFICATES. William Aldred, George-street, New Kent-road, Surrey, To be allowed, unless Cause be shewn to the contrary on the Henry Woodthorpe, Aveley, Essex, grocer, Dec. 14 at 2, Cause be shewn to the contrary on or before Dec. 11. Wm. Gay, Cheltenham, Gloucestershire, builder.-Henry Elphick, Wardour-street, St. James's, Westminster, Middiesex, licensed victualler.-Jonathan Knights, Great Melton and Thurgarton, Norfolk, cattle dealer.-John Pace, St. Michael'salley, Cornhill, London, general merchant.-John Douglas Herrick, Colchester, Essex, grocer.-Jesse Smith, Wellington-street, Newington-causeway, Surrey, cheesemonger.-R. More, Norwich, coal merchant.-Edmund Sylvester, Agar'sfield, St. Pancras-road, Middlesex, contractor.-R. Stanford Perrott, Exeter, grocer.-Robt. Pattinson, Exeter, grocer.— Joseph Carne the elder, Truro, Cornwall, provision merchant. Philip Norris Page, King's-road, Gray's-inn, Middlesex, builder.-T. Wainwright, Barnsley, Yorkshire, surgeon. PARTNERSHIP DISSOLVED. Thomas James Maltby and Alex. L. Grant, Broad-street- INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. Samuel Cowell, Walcot-place, Lambeth, Surrey, comedian, Dec. 3 at 12, Court of Bankruptcy, London.—Joseph Baker, China-terrace, Kennington road, St. Mary, Lambeth, Surrey, out of business, Dec. 3 at 11, Court of Bankruptcy, Londoa. -W. Smith the elder, Lambourn Woodland, near Lambourn, Berkshire, out of business, Dec. 3 at 12, Court of Bankrupt cy, London.-Michael Jerdein, Clement's-lane, Strand, Middlesex, out of business, Dec. 3 at 12, Court of Bankruptcy, London.-W. Tomlin, Chesterton, Cambridgeshire, gardener, Dec. 3 at half-past 12, Court of Bankruptcy, London.--W. Benjamin Powell, York-terrace, Battersea, Surrey, carpenter, Dec. 2 at 11, Court of Bankruptcy, London.-Fred. Wulmshurst, Robert-street, Commercial-road, Pimlico, Middlesex, blacksmith, Dec. 2 at 11, Court of Bankruptcy, London.W. Laver, China-terrace, St. Mary, Lambeth, Surrey, general agent for the sale of works of the fine arts, Dec. 1 at 11, Court of Bankruptcy, London.-Joseph Bennett, Hackney-road, Middlesex, out of business, Dec. 1 at half-past 11, Court of Bankruptcy, London.-J. Southan, Stratford, Essex, green grocer, Nov. 24 at half-past 11, Court of Bankruptcy, Lon The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, Dec. 4, at 9. Ralph Wakefield, Church-st., Rotherhithe, Surrey, millwright. Adjourned. John Wylde, Charles-court, Strand, Middlesex, out of business. Dec. 7, at the same hour and place. Insull Burman, Coburg-place, Old Kent-road, Surrey, in no Court-house, TAUNTON, Somersetshire, Dec. 4 at 10. INSOLVENT DEBTOR'S Meeting. don.-Christopher John Perkins, North-place, Hampsteadroad, Middlesex, comedian, Nov. 21 at 1, Court of Bankruptcy, London.-Thos. Sam. Toller, Queen's-row, Grovelane, Camberwell, Surrey, clerk, Nov. 21 at 12, Court of Bankruptcy, London.-Ann Mason, Praed-street, Paddington, Middlesex, out of business, Nov. 21 at half-past 12, Court of Bankruptcy, London.-J. Evans, Cold Harbour-road, Brixton, Surrey, coffee-house keeper, Nov. 21 at half-past 11, Court of Bankruptcy, London.-Richard Laing, St. Chad'srow, King's-cross, Middlesex, wheelwright, Dec. 3 at 12, Court of Bankruptcy, London.-Thos. Fletcher, Earl-street, Lisson-grove, Middlesex, greengrocer, Dec. 3 at 11, Court of Bankruptcy, London.-Isaac Pears, Cambridge, tutor to the chorister boys of King's College, Cambridge, Dec. 3 at 11, Court of Bankruptcy, London.-Robert Saw the younger, Hammersmith, Middlesex, bookseller and fancy stationer, Dec. 3 at 11, Court of Bankruptcy, London.-Joseph Pocklington, Mattishall, Norfolk, schoolmaster, Dec. 3 at halfpast 12, Court of Bankruptcy, London.-Edward Timberlake, Redbourn, Hertfordshire, wheelwright, Dec. 3 at 12, Court of Bankruptcy, London.-Geo. Barton, Houndsditch, London, hatter, Dec. 2 at 11, Court of Bankruptcy, London. -Jos. W. Cave, Lacock, Wiltshire, out of business, Dec. 2 at 11, Court of Bankruptcy, London.-Jas. Buckland, Pentonville-cottages, St. Mary, Islington, Middlesex, warder in the New Model Prison, Pentonville, Dec. 2 at 11, Court of Bankruptcy, London.-Wm. Mincher, Bordesley, Birmingham, licensed victualler, Nov. 25 at 12, District Court of Bankruptey, Birmingham.-John Wilkinson, Walsall, Staffordshire, buckle manufacturer, Nov. 26 at 11, District Court of Bankruptcy, Birmingham.-John Morgan, Blaenywayn, Pembryn, Cardiganshire, farmer, Dec. 10 at 11, District Court of Bankruptcy, Bristol.-Chas. Biles, Bristol, baker, Dec. 8 at 11, District Court of Bankruptcy, Bristol.-Geo. T. Husband, Pembroke-dock, Pembrokeshire, water bailiff, Dec. 8 at 11, District Court of Bankruptcy, Bristol.-Fred. Hameyer, Bradford, Yorkshire, wool sorter, Dec. 9 at 11, District Court of Bankruptcy, Leeds.-C. Hardacre the elder, Keighley, Yorkshire, cordwainer, Dec. 9 at 11, District Court of Bankruptcy, Leeds.-Thomas Lucas, Malton, Yorkshire, pipe maker, Dec. 1 at 11, District Court of Bankruptcy, Leeds.-Joseph Benson, King's Staith, Yorkshire, publican, Dec. 2 at 11, District Court of Bankruptcy, Leeds.-Francis Dews, South Crosland, Almondbury, Yorkshire, shopkeeper, Dec. 2 at 11. District Court of Bankruptcy, Leeds.-Geo. A SUMMARY of the LAW of MODERN PLEADING, Jewitt, Wakefield, Yorkshire, tailor, Dec. 1 at 11, District Court of Bankruptcy, Leeds.-Isaac Machell, Gomersal, near Leeds, Yorkshire, cordwainer, Dec. 1 at 11, District Court of Bankruptcy, Leeds.-Thos. Bullock, Newbridge-hill, Weston, Somersetshire, gardener, Dec. 3 at 11, District Court of Bank-sive changes in the practice on this important subject, (Pleading), which ruptcy, Bristol.-Giles Hawkins, Yeovil, Somersetshire, relieving officer, Dec. 3 at 1, District Court of Bankruptcy, Exeter. Christ. Nurney, Manchester, gas maker, Dec. 1 at 1, District Court of Bankruptcy, Manchester.-James Turner, Handford, Trentham, Staffordshire, miller, Nov. 28 at 12 District Court of Bankruptcy, Birmingham.-D. Bordessa, Newport, Monmouthshire, beer retailer, Dec. 15 at 11, District Court of Bankruptcy, Bristol. Wednesday, Nov. 18. Orders have been made, vesting in the Provisional Assignee Thos. Lovelock, Vale-place, Hammersmith-road, Fulham, Middlesex, fly master: in the Debtors Prison for London and Middlesex.-Jas. Blaney, Nottingham-pl., Whitechapel, Middlesex, bricklayer: in the Debtors Prison for London and Middlesex.-Geo. H. Davies, Bury-st., Chelsea, Middlesex, out of employ: in the Debtors Prison for London and Middlesex.-James Geo. Hancock, St. Stephen's-terrace, Wharfroad, Pentonville, Middlesex, coal dealer: in the Debtors Prison for London and Middlesex.-Jos. Goulding, Charlesstreet, City-road, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-S. Standfast, Hackneywick, Hackney, Middlesex, rope manufacturer: in the Debtors Prison for London and Middlesex.-Edw. Jupp, Great Castlestreet, Regent-st., Middlesex, tailor: in the Debtors Prison for London and Middlesex.-Alex. Milner, Sheffield, Yorkshire, clerk to a fender manufacturer: in York Castle.-Wm. Briggs, Kingsthorpe, near Northampton, butcher: in the Gaol of Northampton. MASTERS IN CHANCERY.-The Lord Chancellor has appointed the following gentlemen Masters Extraordinary in the high Court of Chancery:-Edward Francis Slack, Chippenham, Wiltshire; Henry Stiles, Northleach, Gloucestershire. Days and places appointed for holding the Special Commissions of Oyer and Terminer and Gaol Delivery for the county and city of York:County of York, Saturday, December 5, at the Castle of York. City of York, on the same day, at the Guildhall of the city of York. Just published, in 1 thick vol., 12mo., price 25s. boards, incident to the Rules of Hilary Term, 1834; with such of the Decisions on Practice, Evidence, and Costs, as are closely connected with that subject. Also, copious Analysis of the Cases and Pleadings. By ROBERTS PHILIP TYRWHITT, Esq., of the Middle Temple, Bar rister at Law. "The reports of the "Common-law Commissioners" suggested exten changes, whether improvements or not, were sanctioned by Parliament, Term, 1834. It was then sought to adapt old principles to modern exiand embodied by all the common-law courts in general rules, dated Hilary gencies, and to link the present with the past by regulating the transition-with what success the work before us attempts to develope. It embodies in its text the pith of the decisions on "Modern Pleading," luable matter at present spread over lengthy "reports." The latter feature is adapted to render the volume more extensively useful in courts of Nisi Prius, particularly on the circuits, and in the library of country practitioners. Nor is it rigorously limited to its chief object; but includes the course of decisions on the replication de injuriâ in its exmines, commons, ways, and easements, together with so much of the tended application, as well as on the modern acts respecting land, tithes, as incident to the above "rules," and condenses in the notes other va law of amendment, evidence, and costs as elucidates the new rules of pleading. On the whole, this work appears to have been prepared with much care and industry, and will be found to afford in small comparative compass a useful adjunct to the works of Stephen and Chitty.”—Times, Oct. 29th, 1846. S. Sweet, 1, Chancery-lane; V. and R. Stevens & G. S. 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DEANE, D.C.L. of Doctors! Commons. W. W. COOPER, Esq. of the Inner contrary, the authority of Cumber v. Wane is directly supported by Pinnel's case, (5 Rep. 117), which never appears to have been questioned." Other cases are also THE late Mr. John William Smith, in his Selection of Leading Cases,-a book justly prized by the Profes-quoted in the same note, in which the doctrine has sion, has given a place to Cumber v. Wane. In that case, reported 1 Strange, 425, the defendant had pleaded, to a declaration in indebitatus assumpsit for 157., that he gave the plaintiff a promissory note for 5l. in satisfactic and that the plaintiff received it in satisfaction; and it being objected, on error, that the plea was ill, it appeal,g that the note for 57. could not be a satisfaction for 157., and that where one contract is to be pleaded in satisfaction of another, it ought to be a contract of a higher nature; the court, on consideration, so held: Pratt, L. C. J., by whom the judgment was delivered, saying, "As the plaintiff had a good cause of action, it can only be extinguished by a satisfaction he agrees to accept; and it is not his agreement alone that is sufficient; but it must appear to the court to be a reasonable satisfaction, or, at least, the contrary must not appear, as it does in this case. If 57. be, as is admitted, no satisfaction for 157., why is a simple contract to pay 57. a satisfaction for another simple contract of three-mes the value?" In his note to this case, the lamen ed editor observes, that the main point in it, that above stated, has frequently been affirmed since; and he refers to Fitch v. Sutton, (5 East, 230), where Lord Ellenborough said of it, "It was expressly determined Cumber v. Wane, that acceptance of a security for a lesser sum cannot be pleaded in satisfaction of a similar security for a greater. And, though that case was said by me, in argument in Heathcote v. Crookshanks, (2 T. R. 24), to have been denied to be law, and, in confirmation of that, Mr. Justice Buller afterwards referred to a case, stated to be that of Hardcastle Y. Howard, (H., 26 G. 3), yet I cannot find any case of that sort, and none has been now referred to: on the Vol. X. been affirmed. It has also been recognised as law in the various cases by which exceptions have been en-grafted upon it:-for instance, Longridge v. Dorville, (5 B. & A. 117); Walters v. Smith, (2 B. & Ad. 889); and Wilkinson v. Byers, (1 Adol. & Ell. 106), as to the distinction between a liquidated debt and an unliquidated demand of pecuniary damages, in which latter case the acceptance of a smaller sum may be a satisfaction; and the class of cases as to composition with creditors, which were once supposed to fall within the doctrine laid down in it. The authority of Cumber v. Wane having been thus repeatedly recognised, and the case having been made the foundation of other doctrines, probably none but a court constituted as the present Court of Exchequer would have ventured to question it. It has, however, furnished another proof of the truth with which the judges of that court have been characterised by a late writer*. In the case of Sibree v. Tripp, (15 Mee. & W. 23), they have intimated that they do not consider Cumber v. Wane to be TT *"The English Court of Exchequer, for example, has been for many years mostly guided by two or three judges of extraordinary mental vigour, acuteness, and learning. The moment point is stated, it is turned, and twisted, and placed in all cised, analysed, and compared; there is little or no respect for possible lights; the moment an authority is quoted, it is critinames or persons; and it is useless to shew that Lord Kenyon or Lord Ellenborough said or thought so and so, unless it can also be shewn that Lord Kenyon or Lord Ellenborough said or thought right. The judges in question have certainly done good service in purifying our jurisprudence from a great quantity of dross, but they have sadly scandalised the very difficult for any but a man ed the old cool, and made (and such men are rare) to predicate a judgment; in other words, to give a confident opinion to a client."-Edinburgh Review, Oct. 1846, p. 398. it own The courts might very well have held the contrary, and have left the matter to the agreement of the parties; but undoubtedly the law is so settled. The fallacy in Cumber v. Wane appears to have been in looking; upon the promissory note as creating merely a simple contract of the same nature as the simple contract created by the debt, and not adverting to the distinction between it and the giving a sum of money, though it must be confessed that it is a very fine one. DISPOSITION OF A MARRIED WOMAN'S RE (From a Correspondent). law or a binding authority upon them. One of the questions which arose in this case was, whether a plea which averred the making and delivering by the defendant to the plaintiff of three negotiable promissory notes for 125., 1257., and 50%., and the plaintiff's acceptance of the same in satisfaction and discharge of two debts of 500l. and 5007., and damages and costs, was good. "If," said one of the judges, "the case of Cum-fact, that the former, though in the eye of the law but ber v. Wane were law, and a binding authority upon a simple contract, nevertheless possessed in its negous, undoubtedly we could not come to a conclusion in tiability a property which might well make it a reafavour of the defendant. That case was one of assump-sonable satisfaction for a larger sum. Therein lies the sit for 157., to which the defendant pleaded that he gave the plaintiff a promissory note for 57. in satisfaction, and that the plaintiff received it in satisfaction; and it was held on writ of error after judgment for the plaintiff, that the plea was ill. It does not appear from the report whether the note was payable presently, or whether it was negotiable or not. The facts are not sufficiently stated to make it a binding authority." The least exceptionable part of the policy of courts of And quoting the judgment delivered by Pratt, C. J., equity, with respect to married women's property, is he proceeds: "From the latter part of the judgment I certainly the rule by which their reversionary interests are protected. Their separate property in possession, must, with every respect for the great authority of that whether made inalienable or not, too often procures for learned judge, express my dissent. Undoubtedly, at their husbands a credit which the event does not justify; that time it was not law; for in Pinnel's case, (5' Rep. but reversionary property, protected from alienation, 117), it was laid down as clear matter of law, that in can give no false appearance of responsibility, and is the case of a bond for 500%., due on the 1st of January, precisely that kind of interest which may be most apif the obligee accepted 100%. in satisfaction the day be- of the owner and her husband. So long, then, as the propriately and beneficially removed from the dominion fore, he was at liberty to do so; and the court never preservation of a married woman's reversionary proinquired whether the satisfaction was reasonable: they perty is recognised as a fit object of equitable jurisdicleft it to the agreement of the parties. However, it tion, there can be no reason for encouraging any relaxa does not appear, in the case of Cumber v. Wane, that the tion of that protection, under particular circumstances, promissory note was negotiable, and, therefore, that the upon merely technical reasoning. In the recent case of Hall v. Hugonin, (reported and commented upon in plaintiff had any benefit from it. The marginal note of the last Number of THE JURIST), the Vice-Chancellor that case-Giving a note for 51. cannot be pleaded as of England has confirmed some authorities of no great a satisfaction for 157.- -was expressly denied to be law weight, and has virtually repudiated the duty which by Lord Ellenborough in argument, in the case of the Court of Chancery had been supposed to have taken Heathcote v. Crookshanks; and Buller, J., referred to upon itself with regard to the reversionary interests of a case of Hardcastle v. Howard, in which it had been reasoning, which, with deference we submit, not only married women; and he has based his decision. upon so denied to be law. But, whether the case of Cumber proceeds upon technical distinctions wholly foreign to v. Wane has been overruled or not, it appears to me the spirit of the doctrine, but is, in itself, technically that it cannot be sustained as an authority that the ac- unsound. The kindred branch of equity doctrine receptance of a negotiable security may not be a satis-lating to separate estate remained long in as unsatisfac faction of a claim to a larger amount." It is important has reduced the rule before us; and a decision over tory a state as that to which the case of Hall vs Hugonin to observe, that the decision in this case appears to be ruling that case would not be made in the face of a more founded upon the promissory note being in the nature formidable array of authority than that which was deof a chattel. The giving the promissory note is said to molished in Tullett v. Armstrong. We shall therefore be a satisfaction, by giving a different thing, not part of presume to treat the question as still open, in the hope the sum itself, having different properties. It is of unthat it will be further agitated, and finally settled upon certain value, it may be of equal, but that the court satisfactory grounds, both of reasoning and of policy. It would fatigue the patience of our readers to enter cannot enter into: it is sufficient that the parties have again into an examination of the authorities on this so agreed. And, therefore, it must not be supposed subject. (See 9 Jur. 514; 10 Id. 183, 231, 243). The that the principle upon which the rule in Cumber v. general rule is well known, and there is now at least Wane is professedly based, namely, that 57. would be no doubt as to the existence of authority for the sup no satisfaction for 15%., and would so appear to the That the court will not direct, or even permit or posed exception to it. What is the general rule?court, is denied by the Court of Exchequer. On the recognise, any disposition of the reversionary interest contrary, there are passages in the judgment of that of a married woman in personalty while it remains re court, from which it appears that it was anxious to versionary. We add the words in Italics because they guard against such an inference. For instance, one Hugonin. The rule is thus laid down by the Master are relied on as countenancing the principle of Hall v. of the judges says, "It is undoubtedly true, that pay- of the Rolls in Purdew v. Jackson, (1 Russ. 1): "The ment of a portion of a liquidated demand in the same wife's right is not divested by the marriage: the chose manner as the whole liquidated demand ought to be in action continues to belong to her unless the husband paid, is payment only in part, because it is not one bar-can and does reduce it into possession, and thereby gain, but two; namely, payment in part, and an agree- makes it cease to be a chose in action. The husband ment without consideration to give up the residue. has not, on the marriage, any immediate property in |