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RICHARD LEA, Bewdley, Worcestershire, surgeon, che. holder, Dec. 9 at 12, Court of Bankruptcy, London, fin. div.

mist and druggist, Dec. 5 and 24 at 12, District Court of Alexander Macdonald, Leadenhall-street, London, merchant, Bankruptcy, Birmingham : Off. Ass. Whitmore; Sols. Dec. 9 at half-past 11, Court of Bankruptcy, London, div.Hair, Kidderminster; Motteram & Knowles, Birmingham. Alexander Horatio Simpson and Peter Hunter Irein, Black- Fiat dated Nov. 16.

friars-road, Christchurch, Surrey, engineers, Dec. 9 at halfGEORGE ATKINSON, Bradford, Yorkshire, joiner and past 12, Court of Bankruptcy, London, div.-Benj. Baldwin,

carpenter, Dec. 9 and 22 at 11, District Court of Bank Liverpool and Manchester, and Old Jewry, London, wareruptcy, Leeds : Off. Ass. Young; Sols. Terry & Watson, houseman, Dec. 9 at half past 1, Court of Bankruptcy, LonBradford; Bond, Leeds; Clarke, Chancery-lane, London. don, fin. div.-Wm. Henry Pease, John Robt. Pease, and W. - Fiat dated Nov. 16.

Henry Thompson, Ingram-court, Fenchurch-street, and Lime. WILLIAM CARPENDALE, Kingston-upon-Hull, jeweller street, London, wine merchants, Dec. 10 at 11, Court of

and dealer in fancy articles, Dec. 2 and 23 at 10, District Bankruptcy, London, div.- Henry Hutchinson, Liverpool, Court of Bankruptcy, Kingston-upon-Hull: Off. Ass. Ky- merchant, Dec. 11 at 12, District Court of Bankruptcy, Linaston ; Sols. Thorney, Hull; Shaw & Co., Ely-place, verpool, div.-Benjamin Marshall, Selbridge Abbey, Kildare, London.-Fiat dated Nov. 13.

Ireland, woollen manufacturer, Dec. 11 at 12, District Court MEETINGS.

of Bankruptcy, Liverpool, div. William Aldred, George-street, New Kent-road, Surrey,

CERTIFICATES. builder, Dec. 7 at 1, Court of Bankruptcy, London, last ex.

To be allowed, unless Cause be shewn to the contrary on the Edward Williams, Northop, Flintshire, draper, Dec. 8 at 12,

Day of Meeting. District Court of Bankruptcy, Liverpool, last ex.-J. Hignett,

Henry Woodthorpe, Aveley, Essex, grocer, Dec. 14 at 2, Manchester, sack manufacturer, Dec, 2 at 11, District Court

Court of Bankruptcy, London.-Wm. Henry Pease and Joka of Bankruptcy, Manchester, last ex.-Fred. Brain, Thomas.

Robt. Pease, Ingram-court, Fenchurch-street, and Lime-st., street, Stamford-street, Blackfriars, Surrey, ivory turner, Dec.

London, wine merchants, Dec. 10 at 1, Court of Bankruptes, 16 at half past 12, Court of Bankruptcy, London, aud.ac.

London.-James Walker the younger, Wortley, Leeds, York. Wm. Norris, Cambridge-villas, Great College-street, Cam

shire, woollen cloth manufacturer, Dec. 15 at Il, District den New-town, Middlesex, builder, Dec. 18 at 11, Court of

Court of Bankruptcy, Leeds.-Daniel White, Baptist Mills, Bankruptcy, London, aud. ac.John W. Falshaw, Farring

St. Philip and Jacob, Bristol, potter, Dec. 21 at 12, District don, Berkshire, grocer, Dec. 11 at half past 11, Court of Bank

Court of Bankruptcy, Bristol.-J. Sellick Lyddon, Birkenruptcy, London, aud. ac.John Stonehouse, Scarborough,

head, Cheshire, chymist and druggist, Dec. 15 at 12, District Yorkshire, mercer, Dec, 11 at 11, District Court of Bank

Court of Bankruptcy, Liverpool.-W. Beamer, West Derby, ruptcy, Leeds, aud. ac. ; Dec. 12 at 11, fin. div.-Thomas

Lancashire, joiner, Dec. 11 at 11, District Court of BankMorris, Newcastle Emlyn, Carmarthenshire, linendraper, ruptcy. Livernool. Samuel Page. Nottingham. currier. Dec. Dec. 14 at 12, District Court of Bankruptcy, Bristol, aud. | 1 at 12. District Court of Bankruptcy, Birmingham.-C. ac.-Christopher Davis, Chepstow, Monmouthshire, currier, Dec. 11 at 11, District Court of Bankruptcy, Bristol, aud. ac. Dec. 14 at 11, District Court of Bankruptcy, Manchester.

C. Clancey, Chorlton-upon-Medlock, Lancashire, saddler, - Richard Edwards, Huddersfield, Yorkshire, woollen draper, Dec. 15 at 11, District Court of Bankruptcy, Leeds, aud. ac. ;

To be allowed by the Court of Review in Bankruptcy, unless Dec. 17 at 1l, div.---Wm. Boardman, Ashton-under-Lyne,

Cause be shewn to the contrary on or before Dec. 11. Lancashire, plumber, Dec. 23 at 12, District Court of Bank

Wm. Gay, Cheltenham, Gloucestershire, builder.--Henry ruptcy, Manchester, aud. ac.-Wm. s. More, Liverpool, wine Elphick, Wardour-street, St. James's, Westminster, Middle merchant, Dec. 11 at 11, District Court of Bankruptcy, Li sex, licensed victualler.-- Jonathan Knights, Great Melton and verpool, aud, ac. ; Dec, 15 at 11, div.-Thos. M. Whiteley, Thurgarton, Norfolk, cattle dealer.-John Pace, St. Michael'sLiverpool, hatter, Dec. 11 at 11, District Court of Bankruptcy, alley, Cornhill, London, general merchant.-John Douglas Liverpool, aud. ac.--James Richardson, Liverpool, merchant, Herrick, Colchester, Essex, grocer.- Jesse Smith, Welling Dec. Il at 12, District Court of Bankruptcy, Liverpool, aud. ton-street, Newington-causeway, Surrey, cheesemonger.-R. ac. ; Dec. 15 at 12, div. - Robert Kilpatrick and James More, Norwich, coal merchant.--Edmund Sylvester, Agar's. Smith, Liverpool, rope manufacturers, Dec. 11 at 11, District field, St. Pancras-road, Middlesex, contractor.-R. Stanford Court of Bankruptcy, Liverpool, aud. ac.-Prescot Corless,Perrott, Exeter, grocer.--Robt. Pattinson, Exeter, grocer.Wigan, Lancashire, tea dealer, Dec. 11 at 11, District Court Joseph Carne the elder, Truro, Cornwall, provision merchant. of Bankruptcy, Liverpool, aud. ac.---Richard Foster Breed --Philip Norris Page, King's-road, Gray's-inn, Middlesei, and Wm. Eccleston, Liverpool, merchants, Dec, 11 at 11, builder.-T. Wainwright, Barnsley, Yorkshire, surgeon. District Court of Bankruptcy, Liverpool, aud. ac.; Dec. 15 at

PARTNERSHIP DISSOLVED. 11, div.John Breakenridge, Liverpool, tailor, Dec. 14 at Thomas James Maltby and Alex. L. Grant, Broad-street12, District Court of Bankruptcy, Liverpool, aud. ac.--Thos. buildings, London, attornies and solicitors. Oxton, Liverpool, cart owner, Dec. 14 at half-past 12, Dis

SCOTCH SEQUESTRATION, trict Court of Bankruptcy, Liverpool, aud. ac.Robt. Lee John Fender, Glasgow, manufacturer. Dawson and Patrick Vance, Liverpool, merchants, Dec. 14 at half-past 11, District Court of Bankruptcy, Liverpool, aud.

INSOLVENT DEBTORS ac.-Thomas Hampson, Liverpool, broker. Dec. 14 at 12. | Who have filed their Petitions in the Court of Bankruptcy, District Court of Bankruptcy, Liverpool, aud. ac.- Jas. M.

and have obtained an Interim Order for Protection frus Nelson, Liverpool, general broker, Dec. 14 at half past 1], Process. District Court of Bankruptcy, Liverpool, aud. ac.- Wm. W. Samuel Cowell, Walcot-place, Lambeth, Surrey, comedian, Bulley, Liverpool, merchant, Dec. 14 at half-past 11, Dis- | Dec. 3 at 12, Court of Bankruptcy, London.- Joseph Baker, trict Court of Bankruptcy, Liverpool, aud. ac.-G. Atkins, China-terrace, Kennington-road, St. Mary, Lambeth, Surrer, Liverpool, brewer, Dec. 14 at half-past 11, District Court of out of business, Dec. 3 at 11, Court of Bankruptcy, London. Bankruptcy, Liverpool, aud. ac.-- Saml. Mead and W. Mead, -W. Smith the elder, Lambourn Woodland, near Lamboura, Liverpool,' iron merchants, Dec. 14 at 11, District Court of Berkshire, out of business, Dec. 3 at 12, Court of BankruptBankruptcy, Liverpool, aud. ac.-Wm. Darnbrough, Rich-cy, London.-Michael Jerdein, Clement's-lane, Strand, Midmond, Surrey, tailor, Dec. Il at half-past 12, Court of Bank- dlesex, out of business, Dec. 3 at 12, Court of Bankruptes, ruptcy, London, div.-Wm. Smith, Curtain-road, Worship. London. ---W. Tomlin, Chesterton, Cambridgeshire, gardener, street, Middlesex, timber merchant, Dec. 11 at 12, Court of Dec. 3 at half past 12, Court of Bankruptcy, London.--Ws. Bankruptcy, London, div. - Augustus Applegath, Crayford, Benjamin Powell, York-terrace, Battersea, Surrey, carpenter, Kent, silk printer, Dec. 11 at 11, Court of Bankruptcy, Lon. Dec. 2 at 11, Court of Bankruptcy, London.-Fred. Itilesdon, div.-Frederick Jones, Canterbury, Kent, wine mer. | hurst, Robert-street, Commercial-road, Pimlico, Middleser, chant, Dec. 9 at 11, Court of Bankruptcy, London, fin. div. blacksmith, Dec. 2 at 11, Court of Bankruptcy, London.-Wm. Rogers, Lewes, Sussex, draper, Dec. 9 at 11, Court W. Laver, China-terrace, St. Mary, Lambeth, Surrey, general of Bankruptcy, London, fin. div.-Thomas Standen, Maid- agent for the sale of works of the fine arts, Dec. 1 at 11, Court stone, Kent, brewer. Dec. 9 at 12, Court of Bankruptcy, of Bankruptcy, London.-Joseph Bennett, Hackney-road, London, fin. div.-- Juhn Philpot, St. Swithin's-lane, London, Middlesex, out of business, Dec. 1 at half-past 11, Court of victualler, Dec. 9 at 1, Court of Bankruptcy, London, fin. Bankruptcy, London.-J. Southan, Stratford, Essex, greco div.--Eleanor Bothum, Speenhamland, Speen, Berkshire, inn. I grocer, Nov. 24 at half-past 11, Court of Bankruptcy, Lon

don.-Christopher John Perkins, North-place, Hampstead. The following Prisoners are ordered to be brought up before road, Middlesex, comedian, Nov. 21 at i, Court of Bank. the Court, in Portugal-st., on Friday, Dec. 4, at 9. ruptoy, London. Thos. Sam. Toller, Queen's-row, Grove- Ralph Wakefield, Church-st., Rotherhithe, Surrey, milllane, Camberwell, Surrey, clerk, Nov, 21 at 12, Court of wright. Bankruptcy, London.-Ann Mason, Praed-street, Paddington,

Adjourned. Middlesex, out of business, Nov. 21 at half-past 12, Court of John Wylde, Charles-court, Strand, Middlesex, out of Bankruptcy, London.-J. Evans, Cold Harbour-road, Brix- l business. ton, Surrey, coffee-house keeper, Nov. 21 at half-past 11,

Dec. 7, at the same hour and place. Court of Bankruptcy, London.-- Richard Laing, St. Chad's-, row, King's-cross, Middlesex, wheelwright, Dec. 3 at 12,

J. Thompson, Cheapside, decorative paper hanger.-Wm. Court of Bankruptcy, London. Thos. Fletcher, Earl-street,

Insull Burman, Coburg-place, Old Kent-road, Surrey, in no

business.-J. K. F. H. Rosenow, Hamburgh, Germany, geLisson-grove, Middlesex, greengrocer, Dec. 3 at 11, Court of Bankruptcy, London.- Isaac Pears, Cambridge, tutor to the

neral merchant.-Eusebe David, Hadley, Barnet, Middlesex, chorister boys of King's College, Cambridge, Dec. 3 at 11,

teacher of languages.-Wm. Burchell, Old Brentford, MidCourt of Bankruptcy, London.- Robert Saw the younger,

dlesex, carman. Hammersmith, Middlesex, bookseller and fancy stationer,

Court-house, TAUNTON, Somersetshire, Dec. 4 at 10. Dec. 3 at 11, Court of Bankruptcy, London.-Joseph Pock. Thos. Rake, Bristol, confectioner.-W. Sully the younger, lington, Mattisball, Norfolk, schoolmaster, Dec. 3 at half. Bridgewater, builder.-Solomon Price, Bath, livery-stable past 12, Court of Bankruptcy, London.-Edward Timber- keeper. lake, Redbourn, Hertfordshire, wheelwright, Dec. 3 at 12, Court-house, AYLESBURY, Buckinghamshire, Dec. 4 at 10. Court of Bankruptcy, London.-Geo. Barton, Houndsditch, | Rich. Hounslow, Wing, carrier.-Thos. Poynter, Newport London, hatter, Dec. 2 at 11, Court of Bankruptcy, London. | Pagnel, shoemaker. -Jos. W. Cave, Lacock, Wiltshire, out of business, Dec. 2

INSOLVENT DEBTOR'S MEETING. at 11, Court of Bankruptcy, London.- Jas. Buckland, Pen-1 tonville-cottages. St. Mary, Islington. Middlesex. warder in Thomas Squire, High-st., Southwark, Surrey, not in any the New Model Prison. Pentonville. Dec. 2 at lí. Court of l business, Dec. 10 at 12, Dimmock & Burbey's, Clement'sBankruptcy, London.-Wm. Mincher, Bordesley, Birming

| lane, Lombard-st., London, sp. aff. bam, licensed victualler, Nov. 25 at 12, District Court of Bankruptey, Birmingham.-John Wilkinson, Walsall, Staf.

MASTERS IN CHANCERY.—The Lord Chancellor has fordshire, buckle manufacturer, Nov. 26 at 11, District Court

appointed the following gentlemen Masters Extraordiof Bankruptcy, Birmingham.- John Morgan, Blaenywayn,

nary in the high Court of Chancery :-Edward Francis Pembryn, Cardiganshire, farmer, Dec. 10 at 11, District Court of Bankruptcy, Bristol.--Chas. Biles, Bristol, baker,

Slack, Chippenham, Wiltshire; Henry Stiles, NorthDec. 8 at 11, District Court of Bankruptcy, Bristol.-Geo.

leach, Gloucestershire. T. Husband, Pembroke-dock, Pembrokeshire, water bailiff, Days and places appointed for holding the Special Dec. 8 at 11, District Court of Bankruptcy, Bristol.-Fred. Commissions of Oyer and Terminer and Gaol Delivery Hameyer, Bradford, Yorkshire, wool sorter, Dec. 9 at 11, | for the county and city of York: District Court of Bankruptcy, Leeds.-C. Hardacre the elder,

County of York, Saturday, December 5, at the Castle Keighley, Yorkshire, cordwainer, Dec. 9 at 11, District Court

of York. of Bankruptcy, Leeds.---Thomas Lucas, Malton, Yorkshire,

City of York, on the same day, at the Guildhall of the pipe maker, Dec. 1 at 11, District Court of Bankruptcy, Leeds.-Joseph Benson, King's Staith, Yorkshire, publican,

city of York. Dec. 2 at 11, District Court of Bankruptcy, Leeds.-Francis Dews, South Crosland, Almondbury, Yorkshire, shopkeeper,

Just published, in 1 thick vol., 12mo., price 25s. boards,

A SUMMARY of the LAW of MODERN PLEADING, Dec. 2 at 11, District Court of Bankruptcy, Leeds.-Geo. A

incident to the Rules of Hilary Term. 1834; with such of the DeciJewitt, Wakefield, Yorkshire, tailor, Dec. 1 at 11, District sions on Practice, Evidence, and Costs, as are closely connected with that Court of Bankruptcy, Leeds.—Isaac Machell, Gomersal, near subject. Also, copious Analysis of the Cases and Pleadings. By ROLeeds, Yorkshire, cordwainer, Dec. 1 at 11, District Court of

BERTS PHILIP TYRWHITT, Esq., of the Middle Temple, Bar

rister at Law. Bankruptcy, Leeds. Thos. Bullock, Newbridge-hill, Weston,

* The reports of the " Common-law Cominissioners" suggested extenSomersetshire, 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, Somersetsbire, re.

changes, whether improvements or not, were sanctioned by Parliament,

and embodied by all the common-law courts in general rules, dated Hilary lieving officer, Dec. 3 at 1, District Court of Bankruptcy,

Term, 1834. It was then sought to adapt old principles to modern exiExeter. - Christ. Nurney, Manchester, gas maker, Dec. 1 at i, gencies, and to link the present with the past by regulating the transiDistrict Court of Bankruptcy, Manchester. James Turner, tion--with what success the work before us attempts to develope. It Handford, Trentham, Staffordshire, miller, Nov, 28 at 12

embodies in its text the pith of the decisions on “ Modern Pleading,"

as incident to the above "rules," and condenses in the notes other vaDistrict Court of Bankruptcy, Birmingham.-D. Bordessa,

luable matter at present spread over lengthy “reports." The latter feaNewport, Monmouthshire, beer retailer, Dec. 15 at 11, Dis ture is adapted to render the volume more extensively useful in courts of trict Court of Bankruptcy, Bristol.

Nisi Prius, particularly on the circuits, and in the library of country

practitioners. Nor is it rigorously limited to its chief object; but inWednesday, Nov. 18.

cludes the course of decisions on the replication de injuriâ in its exOrders have been made, vesting in the Provisional Assignee

tended application, as well as on the modern acts respecting land, tithes,

mines, commons, ways, and easements, together with so much of the the Estates and Effects of the following Persons:

law of amendment, evidence, and costs as elucidates the new rules of ( On their own Petitions).

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 Thos. Lovelock, Vale-place, Hammersmith-road, Fulham, compass a useful adjunct to the works of Stephen and Chitty."-Times, Middlesex, fly master : in the Debtors Prison for London Oct. 29th, 1846. and Middlesex.-Jas. Blaney, Nottingham-pl., Whitechapel,

S. Sweet, 1, Chancery-lane; V. and R. Stevens & G. S. Norton, Bell

yard, Lincoln's-inn. Middlesex, bricklayer : in the Debtors Prison for London and

Of whom may be had, Middlesex.-Geo. H. Davies, Bury-st., Chelsea, Middlesex,

CHITTY ON PLEADING AND PARTIES TO ACTIONS. out of employ: in the Debtors Prison for London and Mid

In 3 vols., royal 8vo., price 41. 108., boarda, dlesex-James Geo. Hancock, St. Stephen's-terrace, Wharf CHITTY'S PRACTICAL TREATISE on PLEADING and

| PARTIES to ACTIONS, with Second and Third Volumes, containing road, Pentonville, Middlesex, coal dealer : in the Debtors

Modern Precedents of Pleadings and Practical Notes. The Seventh Prison for London and Middlesex.-Jos. Goulding, Charles Edition, corrected and enlarged. By HENRY GREENING, Esq., of street, City-road, Middlesex, out of business : in the Debtors Lincoln's Inn. Io Three thick Volumes, price 41. 108. boards. Prison for London and Middlesex.-S. Standfast, Hackney- MACNAMARA ON NULLITIES AND IRREGULARITIES IN

LAW. wick, Hackney, Middlesex, rope manufacturer : in the Debtors

A PRACTICAL TREATISE ON NULLITIES and IRREGULARIPrison for London and Middlesex.- Edw. Jupp, Great Castle.

TIES in LAW, their Character, Distinctions, and Consequences. By street, Regent-st., Middlesex, tailor : in the Debtors Prison H. MACNAMARA, Esq., of Lincoln's Inn, Special Pleader. Price 6s. for London and Middlesex. - Alex. Milner, Sheffield, York. boards. shire, clerk to a fender manufacturer : in York Castle. -Wm.

A PRACTICAL TREATISE on the LAW of MORTMAIN and

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Court o

No. 516_VOL. X. NOVEMBER 28, 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 ........

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

SG.J. P.SMITH, Esq. of the Inner Privy Council ........... Tenison EDWARDS, Esq. of the

can Temple, Barrister at Law. "..

Inner Temple, Barrister at Law. The Lord

*SA. V. KIRWAN, Esq. of Gray's

Queen's Bench Bail Court
Chancellor's S A. GORDON, Esq. of the Inner

Inn, Barrister at Law.
Court ..........l Temple, Barrister at Law. Court of Common Pleas,) D. POWER, Esq. of Lincoln's

including | Inn; and Master of the Rolls Conrts G. Y. Robson, Esq. of the Inner Master of the Rolls Court Temple, Barrister at Law.

Appeals under Registra. W. PATERSON, Esq. of Gray's

tion of Voters Act....) Inn, Barristers at Law. Tenison EDWARDS, Esq. of the

SW.M. Best, Esq. of Gray's Inn,

Court of Exchequer .... Vice-Chancellor of Eng.) Inner Temple, and

Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the || Ecclesiastical and Admi. SJ. P. Deane, D.C.L. of Doctors .

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

SW.W. COOPER, Esq. of the Inner iner ll Court of Review ......

et Bruce's Court........l Temple, Barrister at Law.

"" Temple, Barrister at Law.

LONDON, NOVEMBER 28, 1846.

contrary, the authority of Cumber v. Wane is directly

supported by Pinnel's case, (5 Rep. 117), which never The late Mr. John William Smith, in his Selection appears to have been questioned.” Other cases are also 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 been affirmed. It has also been recognised as law in case, reported 1 Strange, 425, the defendant had pleaded, the various cases by which exceptions have been ento a declaration in indebitatus assumpsit for 151., that grafted upon it:- for instance, Longridge v. Dorville, he gave thoplaintiff a promissory note for bl. in satis- (6 B. & A. 117); Walters v. Smith, (2 B. & Ad. 889); factily, and that the plaintiff received it in satisfaction; and Wilkinson v. Byers, (1 Adol. & Ell. 106), as to and it being objected, on error, that the plea was ill, it the distinction between a liquidated debt and an unliappear. ng that the note for bl. could not be a satisfac- quidated demand of pecuniary damages, in which latter tion for 151., and that where one contract is to be case the acceptance of a smaller sum may be a satisfacpleaded in satisfaction of another, it ought to be a con- tion; and the class of cases as to composition with tract of a higher nature; the court, on consideration, 80 creditors, which were once supposed to fall within the held: Pratt, L. C.J., by whom the judgment was de- doctrine laid down in it. The authority of Cumber V. livered, saying, “As the plaintiff had a good cause of Wane having been thus repeatedly recognised, and the action, it can only be extinguished by a satisfaction he case having been made the foundation of other docagrees to accept; and it is not his agreement alone that trines, probably none but a court constituted as the is sufficient; but it must appear to the court to be a present Court of Exchequer would have ventured to reasonable satisfaction, or, at least, the contrary must question it. It has, however, furnished another proof Dot & pear, as it does in this case, If bl. be, as is ad- of the truth with which the judges of that court have mitted, no satisfaction for 15l., why is a simple contract been characterised by a late writer*. In the case of to pay bl. a satisfaction for another simple contract of Sibree v. Tripp, (15 Mee. & W. 23), they have intithree - nes the value ?" In his note to this case, the mated that they do not consider Cwmber v. Wane to be lamen'ed editor observes, that the main point in it, * a The English Court of Exchequer, for example, has been that above stated, has frequently been affirmed since; for many years mostly guided by two or three judges of extraand he refers to Fitch v. Sutton, (5 East, 230), where ordinary mental vigour, acuteness, and learning. The moment Lord Ellenborough said of it, “ It was expressly deter-ap nined .

| possible lights; the moment an authority is quoted, it is criti. Cumber v.Wane, that acceptance of a security cised, analysed, and compared; there is little or no respect for los a lesser sum cannot be pleaded in satisfaction of a names or persons; and it is useless to shew that Lord Kenyon imilai security for a greater. And, though that case or Lord Ellenborough said or thought so and so, unless it can

also be shewn that Lord Kenyon or Lord Ellenborough said or was said - by me, in argument in Heathcote v. Crook

We thought right. The judges in question have certainly done good thanks, (2 T. R. 24), to have been denied to be law,

. R. 24), to have been denied to be law, service in purifying our jurisprudence from a great quantity of ind, in confirmation of that, Mr. Justice Buller after- dross, but they have sadly scandalised the old school, and made wards referred to a case, stated to be that of Hardcastle it very difficult for any but a man of their own class of mind

| (and such men are rare) to predicate a judgment; in other 1. Howard, (H., 26 G. 3), yet I cannot find any case of

a any case of words, to give a confident opinion to a client."--Edinburgh hat sort, and none has been now referred to: on the Review, Oct. 1846, p. 398. Vež. X.

тт

all

law or a binding authority upon them. One of the The courts might, very well have held the contrary, questions which arose in this case was, whether a plea and have left the matter to the agreement of the par. which averred the making and delivering by the deties; but 'undoubtedly the law is so settled. The fallacy fendant to the plaintiff of three negotiable promissory in Cumber: V, Wane appears to have been in look. notes for 1251., 1251., and 50l., and the plaintiff's ac- ing; upon the promissory note as creating merely a ceptance of the same in satisfaction and discharge of simple contract of the same nature as the simple contwo debts of 5001. and 5001., and damages and costs, was tract created by the debt, and not adverting to the good. “If," said one of the judges, “the case of Cum fact, that the former, though in the eye of the law but bor y, 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 15l., to which the defendant pleaded that he gave distinction between it and the giving a sum of money, the plaintiff a promissory note for 51. in satisfaction, though it must be confessed that it is a very fine one. and that the plaintiff received it in satisfaction; and it was held on writ of error after judgment for the DISPOSITION OF A MARRIED WOMAN'S REplaintiff that the plea was ill. It does not appear | VERSIONARY INTERESTS IN PERSONALTY. from the report whether the note was payable presently, or whether it was negotiable or not. The facts are

(From a :Correspondent). 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

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, (6 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

precisely that kind of interest which may be most apthe case of a bond for 5001., due on the 1st of January,

propriately and beneficially removed from the dominion if the obligee accepted 1001. in satisfaction the day be

of the owner and her husband. So long, then, as the 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 relaxadoes 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 ÌAE JURIST), the Vice-Chancellor that case_ Giving a note for 5l. cannot be pleaded as of England has confirmed some authorities of no great a satisfaction for 151?_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 itse

upon itself with regard to the reversionary interests of

married women; and he has based his decision upon a case of Hardcastle v. Howard, in which it had been

mich it had been reasoning, which, with deference we submit, not only 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 unsatisfacfaction of a claim to a larger amount.” It is important

tory a state as that to which the case of Hall v Hugorén

a has reduced the rule before us; and a decision over 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

that it will be further agitated, and finally settled upon the sum itself, having different properties. It is of un-1)

satisfactory grounds, both of reasoning and of policy, certain value, -it may be of equal, but that the court 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 role in Cumber v. general' rule is well known, and there is now at least

no doubt as to the existence of authority for the sup Wane is professedly based, namely, that 51. would be

posed exception to it. What is the general rulelno satisfaction for 15l., and would so appear to the

That the court will not directs or even permit ar 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 te 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 are relied on as countenancing the principle of Hall v. of the judges says, “It is undoubtedly true, that pay

Hugonin. The rule is thus laid down by the Master

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. 1 has not, on the marriage, any immediate property w

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