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JOHN SHIRT, Broad-st., Lambeth-butts, Surrey, grocer 2, Court of Bankruptcy, London, div. - John Fred. Cork

and cheesemonger, March 6 at half past 1, and April 8 at 1, and James Launcelot De Carle, New Bond-street, Middlesex. Court of Bankruptcy, London: Off. Ass. Bell; Sol. Pope, coach builders, March 24 at half-past 12, Court of Bankrapt.

Raymond-buildings, Gray's Inn.-Fiat dated Feb. 26. cy, London, div.-Thos. John Ashton, Pall-mall, Middlesex, JOHN WRIGHT, Tamworth, Staffordshire and Warwick- tailor, March 24 at half-past 1, Court of Bankruptcy, Lon:

shire, scrivener and banker, March 14 and April 18 at 11, don, div.- Richard Payne, Hatton-wall, Hatton-garden, MidDistrict Court of Bankruptcy, Birmingham : Off. Ass. Bit- dlesex, brass-founder, March 24 at 2, Court of Bankruptcy, tleston ; Sols. Thornewill, Burton-upon-Trent; Collis, Bir- | London, div.-John Evans, Liverpool, ironmonger, March 20 mingham.-Fiat dated Feb. 20.

at 11, District Court of Bankruptcy, Liverpool, div.-John ISSACHAR ROBERTS, Mold, Flintshire, grocer, tallowParr, South-wharf-road, Paddington, Middlesex, coal-mer

chandler, woolstapler, and banker, March 13 and April 17 chant, March 24 at 11, Court of Bankruptcy, London, div.-at 11, District Court of Bankruptcy, Liverpool: Off. Ass. James Cross, Bristol, provision merchant, March 24 at 11, Turner; Sols. Ingleby, Mold; Edwards & Co., New Pa. District Court of Bankruptcy, Bristol, div.-Charles Brogden, lace-yard, London. - fiat dated Feb. 25.

Lincoln, bookseller, March 23 at 11, District Court of Bank. HENRY JOHN BARKER, Flixton, Lancashire, logwood | ruptcy, Leeds, first and fin. div. and drug grinder, miller, dealer and chapman, March 13

CERTIFICATES. and April 3 at 11, District Court of Bankruptcy, Manches. ter : Off. Ass. Hobson ; Sols. Hitchcock & Co., Manchester;

To be allowed, unless Cause be shewn to the contrary on the Johnson & Co., Temple.-- Fiat dated Feb. 25.

Day of Meeting. THOMAS PARNELL, Manchester, laceman, dealer and | Hen. Robinson, Copthall-chambers, Copthall-court, LOD

chapman. March 16 and April 1 at 12, District Court of don, share broker, March 26 at 11, Court of Bankruptcy, Bankruptcy, Manchester : Off. Ass. Pott; Sols. J. and B. London.---Thos. Brown, Connaught-terrace, Edgeware-road, Whitworth. Manchester: Gregory & Co., 1. Bedford-row, Paddington, Middlesex, boot maker, March 24 at 1, Court of London. --- Fiat dated Feb. 23.

Bankruptcy, London.-John Littlewood, New Bond-street, GEORGE PERRY, Stroud, Gloucestershire, coach builder,

St. George, Hanover-sq., Middlesex, hosier, March 21 at 12, dealer and chapman, March 12 at 12, and April 10 at 11,

Court of Bankruptcy, London.-Benj. Wood the younger, District Court of Bankruptcy, Bristol: Off. Ass. Miller ;

Leeds, Yorkshire, wine merchant, March 23 at 11, District Sols. Paris, Stroud ; Brisley, Pancras-lane, London.—Fiat Court of Bankruptcy, Leeds.-John Sier, Cheltenham, Glondated Feb. 23.

cestershire, baker, March 20 at 1, District Court of Bank. JOSEPH METFORD, Oldfield-lodge, Lyncombe and Wide ruptcy, Bristol.-Dan. Stanton, Bristol, grocer, March 30 at

come. Somersetshire, wine merchant. March 13 and April 10 | 11, District Court of Bankruptcy, Bristol.-George Osborn, at 12, District Court of Bankruptcy, Bristol: Off. Ass. Exeter, whip maker, March 26 at 1, District Court of BankAcraman; Sols. Lovibond & Co., Bridgwater; Bishop, ruptcy, Exeter. Lincoln's-inn-fields, London.-Fiat dated Feb. 23.

To be allowed by the Court of Review in Bankruptcy, unless JOHN GODFREY, Midsomer Norton, Somersetshire, linen Cause be shewn to the contrary on or before March 20. draper, March 13 and April 10 at 1, District Court of Bank

Geo. Donaldson, Pall-mall, St. James, Westminster, Midruptcy, Bristol: Off. Ass. Miller ; Sol. Govett, Midsomer

dlesex, watch maker.- Clarendon Hyde, Loughborough, LeiNorton; and 29, Upper North-place, Gray's-inn-road, London.--Fiat dated Feb. 21.

cestershire, apothecary:- Jas. Reynolds, Fazakerley, dear Li

verpool, cow keeper. Wm. Ellary, Kidderminster, WorcesSAMUEL EVENS, Hilton-house, Blackrod, and Dicconson

tershire, iron founder.Wm. Vickers, Carter-st., Walworthmill, Aspul, near Wigan, Lancashire, cotton spinner, March

road, Surrey, bill broker.-Wm. H. Taylor, Piccadilly, Mid. 11 and April 6 at 12, District Court of Bankruptcy, Man.

dlesex, stave manufacturer.- James Lee, Tadcaster, porter chester : Of. Ass. Fraser ; Sols. Hitchcock & Co., Man

merchant. chester ; Gregory & Co., Bedford-row, London. — Fiat

FIATS ANNULLED. dated Feb. 23. JOHN BROCK, Chester, innkeeper, dealer and chapman,

William Carey, Leamington Priors, Warwickshire, hair March 13 and April 14 at 11, District Court of Bankruptcy, I

dresser.-Phil. Phillips, Birmingham, steel pen maker. Liverpool: Of. Ass. Morgan ; Sols. Cunnah, Chester;

Scotch SEQUESTRATIONS. Pocock & Co., Norfolk-street, Strand, London.-Fiat dated

Wm. Hutten, Glasgow, power loom cloth manufacturer.-Feb. 20.

Alex. Bain, Wick, merchant.-Hugh Campbell, Glasgow, wine JAMES CORRALL, Boston, Lincolnshire, ship owner, coal merchant. - Andrew Corrie. Dalton. Dumfries, farmer.-- Jas.

and potato merchant, March 13 and April 14 at 12, District | Lesslie, Linlithgow, innkeeper.
Court of Bankruptcy, Birmingham : Off. Ass. Christie ;
Sols. Jabet, Birmingham ; Hartley, Boston.-Fiat dated

INSOLVENT DEBTORS
Feb. 6.

| Who have filed their Petitions in the Court of Bankruptcy, MEETINGS.

and have obtained an Interim Order for Protection from Daniel Stanton, Bristol, grocer, March 20 at 11, District Process. Court of Bankruptcy, Bristol, pr. d.- Henry Gamble, Grim. Edw. Rudling, New Church-st., Lisson-grove, Middlesex, stone, Norfolk, grocer, March 13 at 2, Court of Bankruptcy, | plumber, March 11 at 11, Court of Bankruptcy, London.London, last ex.-G. S. Neale, Portsea, Hampshire, inn- Jos. Simpson, Edmund's-place, Aldersgate-street, London, keeper, March 13 at half past 1, Court of Bankruptcy, Lon- out of employ, March 11 at 12, Court of Bankruptcy, London, last ex.- Geo. Atkins, Liverpool, brewer, March 20 at don.-J. Brown, Parker's-row, Bermondsey, Surrey, builder, 11, District Court of Bankruptcy, Liverpool, aud. ac. ; March March 11 at 12, Court of Bankruptcy, London.- John Ladd 24 at 11, div.--Thos. Turner, D. Brade, and Chas. Schwind, the younger, Buckland, Kent, brewer, March 11 at 12, Court Liverpool, merchants, March 20 at 11, District Court of Bank of Bankruptcy, London.--Hen. Jinks, Gloucester-st., Queenruptcy, Liverpool, aud. ac.-Wm. Perkins, St. Wollos, Mon- square, St. Andrew's, Holborn, Middlesex, paper stainer, mouthshire, ship builder, March 24 at 12, District Court of March 11 at 12, Court of Bankruptcy, London.-Timothy Bankruptcy, Bristol, aud. ac.; March 26 at 11, div.-John Fulker, Croydon, Surrey, grocer, March 18 at 11, Court of Cadogan the younger, Brecon, hat warehouseman, March 26 Bankruptcy, London.- Nath. Hailes, Upper Ebury-street, at 12, District Court of Bankruptcy, Bristol, aud. ac.--- John Pimlico, Middlesex, bookseller, March 1l at 12, Court of B. Gillett, Eccleshill, Bradford, Yorkshire, dyer, March 21 at Bankruptcy, London.-David Davies, Park-villas, Hammer11, District Court of Bankruptcy, Leeds, aud. ac. ; Marchsmith, Middlesex, assistant surgeon, March 5 at 11, Court of 24 at 11, div.-Joseph Broadbent, Saddleworth, Yorkshire, Bankruptcy, London.-Richard Liddington, Little London, woollen manufacturer, March 26 at 11, District Court of Silverstone, Northamptonshire, timber dealer, March 3 at 11, Bankruptcy, Leeds,: aud. ac. — G. W. Wentworth, Robert Court of Bankruptcy, London.- William Davison, Whittle Chaloner, Thos. Rishworth, Thomas Risworth the younger, Furness, near Chester-le-street, Durham, mason, March 11 at and John Hartley, York, bankers, March 23 at 11, District 2, District Court of Bankruptcy, Newcastle-upon-Tyne.-Court of Bankruptcy, Leeds, aud. ac.-Cornelius Stovin, Bir- Jonothan Mercer, Birkenhead, Cheshire, plumber, March 10 mingham, coach proprietor, March 25 at 11, District Court at 11, District Court of Bankruptcy, Liverpool. ----Thomas of Bankruptcy, Birmingham, aud. ac.-Joseph Marriage the Hartley, Pudsey, Calverley, Yorkshire, cloth maker, March 3 younger, Moulsham, Chelmsford, Essex, miller, March 20 at 1 at 11, District Court of Bankruptcy, Leeds.-Rich. Holmes,

Barldon, near Bradford, Yorkshire, butcher, March 3 at 11, The following Prisoners are ordered to be brought before District Court of Bankruptcy, Leeds.-Jos. Ibbotson, Huns

a Commissioner on Circuit: let, near Leeds, Yorkshire, stone mason, March 3 at 11, Dis Court-house, GLOUCESTER, (County), March 14 at 10. trict Court of Bankruptcy, Leeds.-Henry Banks, Single | James Trigg, Mitcheldean, carpenter.-T. Lintern, Bitton, grove East, Single-street, Mile-end-road, Middlesex, carpen- thatcher.-Wm. Willis, Cheltenham, out of business.-John ter, March 10 at 11, Court of Bankruptcy, London.-John Burley, Downton, Leonard Stanley, retailer of beer. Hitching, Cornish-hall and Finchingfield, Essex, boot maker,

Court-house, WELSHPOOL, Montgomeryshire, March 13 at March 10 at 11, Court of Bankruptcy, London.--S. Coleman

10. the younger, Hatton-garden, Middlesex, electro plater, March

Robert Edwards, Llansaintfraid, auctioneer.-T. Turner, 11 at II, Court of Bankruptcy, London.—John M. Cluness,

| Penarth, Newtown, farmer. Steke, Devonport, Devonshire, schoolmaster, March 11 at 11, Distriet Court of Bankruptcy, Exeter.—Henry Chambers,

Court-house, SHREWSBURY, Shropshire, March 13 at 10. Aston-unde-Lyne, Lancashire, tailor, March 9 at 12, District

Martha Leake, Abbey Foregate, spinster, out of business. Cort of Bankruptcy, Manchester.-Wm. Wilson, Bedling Court-house, COVENTRY, (County), March 16 at 10. ton, Durham, blacksmith, March 19 at 11, District Court of John Peberdy, Coventry, carrier's porter. Bankruptcy, Newcastle-upon-Tyne.—Thos. D. Brown, Liver Court-house, WARWICK, (County), March 11 at 10. pool, commission merchant, March 10 at 11, District Court Thomas Palmer, Birmingham, attorney. of Bankruptcy, Liverpool. - Charles Watson, Kingston-uponHull, builder, and undertaker of funerals, March 4 at 11, MASTER IN CHANCERY.—The Lord Chancellor has District Court of Bankruptcy, Leeds.---Thomas Broughton, l appointed John James Simpson, of Derby, in the Burnley, Lancashire, dealer in warps, March 13 at 1, District county of Derby. Gent., to be a Master Extraordinary Court of Bankruptcy, Manchester.---Tho. Cronkshaw, Black in the high Court of Chancery. burn, Lancashire, labourer, March 13 at 12, District Court of Bankruptcy, Manchester.-Chas. Atkinson, Littlemoor, Glos

This day is published, in One thick Vol. 8vo., price 17. 168. boards, sop, Derbyshire, stone-cutter, March 13 at 1, District Court | DICKINSON'S GUIDE to the QUARTER SESSIONS. of Bankruptcy, Manchester.--Robert Smith, Cheltenham and U A Practical Guide to the Quarter Sessions, and other Sessions of Hucclecote, Gloucestershire, clerk, March 19 at 12, District the Peace; with Forms of Indictment, &c. Adapted to the Use of Ma

gistrates and Professional Gentlemen. By SERJEANT TALFOURD. Court of Bankruptcy, Bristol.-Sol. Slingo, Charter-house

The Sixth Edition, revised and corrected, with great Additions, by R. P. Hinton, Somersetsbire, mason, March 19 at 11, District Court

TYRWHITT, Esq., Barrister at Law. of Bankruptcy, Bristol.-Mary Ann Morris, Bath, Somer. S. Sweet; V. and R. Stevens & G. S. Norton; A. Maxwell & Son; H. setshire, gentlewoman, March 20 at 12, District Court of

Butterworth; and O. Richards. Bankruptcy, Bristol.-- John Price, St. George, Glamorgan- | ARCHBOLD'S PRACTICE OF THE QUEEN'S BENCH.-EIGITH shire, sawyer, March 20 at 1, District Court of Bankruptcy,

EDITION. Bristol.

Just published, in 2 vols. royal 12mo., price 21. 8s. boards, Wednesday, Feb. 25,

ARCHBOLD'S PRACTICE of the COURT of QUEEN'S

1 BENCH in PERSONAL ACTIONS and EJECTMENT. The Ordere hare been made, vesting in the Provisional Assignee Eighth Edition. By THOMAS CHITTY, Esq., of the Inner Temple; the Estates and Effects of the following Persons:

including the PRACTICE of the COURTS of COMMON PLEAS a

EXCHEQUER. (On their own Petitions).

Also, in 1 vol. royal 12mo., price 228. boards, George Tomlinson, Sidney-street, City-road, Middlesex, FORMS of PRACTICAL PROCEEDINGS in the COURTS of carpenter : in the Debtors Prison for London and Middlesex. | QUEEN'S_BENCH, COMMON PLEAS, and EXCHEQUER of

PLEAS. By THOMAS CHITTY, Esq., of the Inner Temple. -Rick. Benj. Taylor, Bethnal-green-road, Middlesex, fancy 1 s. Sweet, i, Chancery-lane; and v. and R. Stevens & G. S. Norton, trimming seller : in the Debtors Prison for London and Mid. | 26 and 39, Bell-yard, Lincoln's Inn. dless:- Henry Wright, Clement's-lane, Strand, Middlesex, out

Of whom may be had, of business : in the Queen's Prison.-H. G. Camble Geary,

CHITTY ON BILLS OF EXCHANGE.-NINTH EDITION.

In royal 8vo., price 11. 118.6d, boards, Wellington-place, Blackfriars-road, Surrey, cheesemonger : in A PRACTICAL TREATISE on BILLS OF EXCHANGE, CHECKS the Queen's Prison.-- George Flynn, Kingsland-road, Middle-ON BANKERS, PROMISSORY NOTES, BANKERS' CASH NOTES, sex, out of business : in the Queen's Prison.-Robert Black, and BANK NOTES; with references to the Law of Scotland, France,

and America. The Ninth Edition, much improved. By JOSEPH Queen-street, New-cut, Lambeth, Surrey, baker : in the Chi

CHITTY, Esq., and JOHN WALTER HULME, Esq., of the Middle Queen's Prison.-Archibald Allardyce, Garnault-place, Spa- | Temple, Barristers at Law. belds, and New Norfolk-street, New North-road, Islington,

In 3 vols., royal 8vo., price 41. 108., boards, Middlesex, baker: in the Queen's Prison.-Edwd. Adolphus

CHITTY ON PLEADING AND PARTIES TO ACTIONS. J. Walsh, Grove-place, Brompton, Middlesex, attorney at

CHITTY'S PRACTICAL TREATISE on PLEADING and

PARTIES to ACTIONS, with Second and Third Volumes, containing law: in the Debtors Prison for London and Middlesex. --Wm. Modern Precedents of Pleadings and Practical Notes. The Seventh Charlton Forbes, Sydenham, Kent, out of business: in the Edition, corrected and enlarged. By HENRY GREENING, Esq., of Queen's Prison.-J. Rutherford, Broadway, Queen's-square,

Lincoln's Inn. In Three thick Volumes, price 41. 108. boards. Westminster, Middlesex, architectural draughtsman : in the Just published, in 2 vols, royal 12mo., price 11. 188. boards, the Fifth Debtors Prison for London and Middlesex.-Wm. Burchett,

Edition of Philadelphia-place, Hackney-road, Middlesex, surgeon : in the GRANT'S CHANCERY PRACTICE, composed anew, Debtors Prison for London and Middlesex.-Wm. J. Potter,

U and according to all the existing Operative Orders of Court, in

cluding the last of 8th May, 1845. Sussex-street, University-street, Tottenham-court-road, Mid

A. Maxwell & Son, 32, Bell-yard, Lincoln's Inn; H. Sweet, I and 3, dlesex, out of business : in the Queen's Prison.-D. James, Chancery-lane; and V. and R. Stevens & G. S. Norton, 26 and 39, BellBath-cottage, Addington-square, Camberwell, Surrey, com- yard, Lincoln's Inn. mission agent for the sale of woollens : in the Gaol of Surrey.

Of whom may be had, recently published, J. Frederick Keeling. Diddington-place. Caledonian-road. HARRISON'S DIGESTED INDEX TO THE COMMON LAW Islington, Middlesex, clerk to a surveyor: in the Queen's Pri

REPORTS,

In 4 closely printed Volumes, price 61. 168. 6d., a New Edition, being son. - John G. Wm. Welch, Circus, Minories, London, attor

the Third, of ney's clerk : in the Debtors Prison for London and Middlesex. HARRISON'S ANALYTICAL DIGEST OF ALL THE RE

PORTED CASES determined in the House of Lords, the several (On Creditor's Petition).

Courts of Common Law, in Banc and at Nisi Prius, and the Court of John Toms, Bedford-street, Walworth, Surrey, out of busi

Bankruptcy, from 1756 to 1843: including also the Crown Cases reserved,

and a full Selection of Equity Decisions, with the MS. Cases cited in the ness : in the Queen's Prison.

best Modern Treatises not elsewhere reported. The Third Edition. By (On their own Petitions).

R. TARRANT HARRISON, Esq., of the Middle Temple.

CHITTY'S BLACKSTONE'S COMMENTARIES, John Peberdy, Coventry, Warwickshire, carrier's porter :

In 4 vols. 8vo., price 31. 38. boards, in the Gaol of Coventry.--Wm. Cayzer, St. Columb Major, COMMENTARIES of the LAWS of ENGLAND. A New Edition, Cornwall, hat manufacturer: in the Gaol of Bodmin.-John with copious Notes embracing all the Changes in the Law. The whole Kent, New Sneinton, Nottinghamshire, out of business : in

of the Text is preserved; such of the Annotations of the late J. CHITTY,

Esq., as were considered useful, have been retained; and the Four Vothe Gaol of Radford Peverel. -John Roberts, Barnoldswick, lumes have received extensive Additions by the following Gentlemen :

Vol. I.. by JOHN F. HARGRAVE, Esq., of Lincoln's Inn; Vol. II.,

by GEORGE SWEET, Esq., of the Inner Temple; Vol. III., by - Joseph Jones, Carnarvon, mine proprietor: in the Gaol of

RICHARD COUCH, Esq., of the Middle Temple; Vol. IV., by W. N. Carnarvon,

WELSBY, Esq., of the Middle Temple, Barristers at Law.

Just published, in 1 vol. 8vo.,cloth boards, price 14s.,

CRABB'S LAW OF REAL PROPERTY. T IVES of EMINENT ENGLISH JUDGES of the Se.

In 2 vols, royal 8vo., price 21. 18s, boards. U venteenth and Eighteenth centuries. Edited by W. N. WELSBY, THE LAW of REAL PROPERTY in ITS PRESENT Esq., M.A., Recorder of Chester. Containing the Lives of Sir Matthew

1 STATE. practically arranged and digested in all its branches: inHale, Lord Keeper Whitelocke, Lord Nottingham, Sir John Holt, Lord

cluding the very latest decisions of the Courts. By GEORGE CRABB, Cowper, Lord Harcourt, Lord Macclesfield, Lord King, Lord Talbot,

Esq., of the Inner Temple, Barrister at Law. Lord Hardwicke, Sir William Blackstone, Lord Bathurst, Lord Mans This Work, which has employed the Author's leisure time for upwards field, Lord Camden, Lord Thurlow, Lord Ashburton.

of ten years, is distinguished from every other in several particulars. S. Sweet, 1, Chancery-lane.

In the first place, it is confined to the Law in its Present State. Whatof whom may be had, recently published,

ever is mere matter of history has been excluded; and that which has SIR EDWARD SUGDEN'S TREATISE ON POWERS. been abolished by statute, but remains in force in respect of past transacIn 2 vols. royal 8vo., price 21. in boards,

tions, has been briefly touched upon. A PRACTICAL TREATISE on POWERS. By the Right Hon In the next place, it is confined to the Law as settled by the Decisions Sir EDWARD SUGDEN. The Seventh Edition.

of the Courts, so far as anything in Law can be considered as settled.

That which is confessedly not settled has been noticed, so as to shew the DANIELL'S CHANCERY PRACTICE.--NEW EDITION.

state of the Law, without entering into discussions on doubtful points, This day is published, in 2 Vols. 8vo., price 31. 38. bds.,

which may be found treated of at large in other Treatises. THE SECOND EDITION, carefully revised, enlargep By thus confining the Work to what is wanted in ordinary practice,

1 with New Chapters, and adapted to the effective Orders, including the Author has been enabled, without swelling it to an immoderate size, those of 8th May, 1845, By T. E. HEADLAM, Esq., of the Inner to embrace the whole of the Law of Real Property, of which particular Temple, Barrister at Law.

parts only are considered in other Works. v. and R. Stevens & G. S. Norton, Law Booksellers and Publishers The Statutes on the Transfer of Property, though passed late in the (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39 | Session, have been noticed in their proper places, as also the latest De. Bell-yard, Lincoln's Inn.

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TABLE of all the STATUTES from Magna Charta to the end Temple, Barrister at Law.

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| WILLIAM SANDERS, Esq., Barrister at Law, and Chief Secretary the Right of Parties to oppose the Preamble and Clauses of a Railway

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ences, by GEORGE WILLIAM SANDERS, Esq., of Lincoln's Inn, and

JOHN WARNER, Esq., of the Inner Temple, Barristers at Law. U Law of Awards and Arbitrations, with Forms of Pleadings, Sub

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DEEDS for EXECUTION ABROAD.-Messrs. J. & R. Law. Revised and considerably enlarged, by HENRY HOPLEY

U M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the WHITE, Esq., Barrister at law.

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I Row, in the County of Middlesex. Saturday, February 28, 1846.

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No. 478—Vol. X. MARCH 7, 1846. Price 1s., with Supplement, 28. ** 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 Loras ....... Fonse of Lords .. SE. T. Hoop, Esq. of the Inner || Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's

Temple, Barrister at Law. | Court ..............1 Inn, Barrister at Law.

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

nch SG. J. P. Smith, Esq. of the Inner

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

1 Temple; and

anio Ranch Darla SA. V. KIRWAN, Esq. of Gray's The Lord Chancellor's | E. T. Hood, Esq. of the Inner

Queen's Bench Bail Court

"7 Inn, Barrister at Law. Court ..............2 Temple, Barrister at Law. Court of Common Pleas, SG. Y. Robson, Esq. of the Inner

including D. POWER, Esq. of Lincoln's Master of the Roll w ? Temple, Barrister at Law.

| Appeals under Registra-? Inn, Barrister at Law.

tion of Voters Act....) (Tenison EDWARDS, Esq. of the Vice-Chancellor of Eng-)

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

Court of Exchequer ....
Inner Templo, and

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.

|| Court of Review ......

"" Temple, Barrister at Law.

LONDON, MARCH 7, 1846.

might be s'apported; but, upon the ground, that, during

all the efendant's occupation of the premises, the The case of Winterbottom v. Ingham (reported in plaintiff had been in possession of the purchase-money, one of our late Numbers, p. 4) deserves to be noticed of which he had made, or might have made, interest, here, as deciding a question of considerable importance, he directed a nonsuit, which the court afterwards unaand, probably, of frequent occurrence.

nir nously held to be right, apparently for the above The defendant had, in August, 1835, become the reason, though it is curious, that, at the conclusion of purchaser, by auction, of certain estates, for the sum the judgment, we find stated the true principle, and of 17601., and had paid to the plaintiff, who was re-, that which was acted upon in the late case, viz. that a ceiver under an order of the Court of Chancery, al contract cannot arise by implication of law, under cir-deposit of 10l. per cent. By the conditions of sale, cumstances the occurrence of which neither of the parthe residue of the purchase-money was to be paid on ties ever had in their contemplation. the 24th June then next, and the purchaser w as then Hall v. Vaughan, (6 Price, 157), though the reasons to have actual possession, and, in default of payment by which the court justified the setting aside the nonof the residue of the purchase-money, was to pay in- swit apparently afford an authority in favour of the terest on it from that day. About a fortnight after the liability, does not, in fact, involve the point now in sale the defendant was let into possessior by the plain-discussion. In Howard v. Shaw, (8 Mee. & W.118), tiff, without any stipulation as to the cerms of occupa-l the defendant was let int

to the cerms of occupa- the defendant was let into possession of premises, untion, and, having refused to complete the purchase, a der a contract of purchase, which was not completed: suit in Chancery was instituted, he result of which having demanded back his deposit from the auctioneer, was, that, upon the Master report ing that the plaintiff and being able to obtain only part, he kept possession could not make a good tit ie, the, bill was dismissed. of part of the premises, by way of indemnity against

The action was bror,ght for the use and occupation his loss, and retained it, without paying any rent, of the premises from the time when the defendant was until served with a declaration in ejectment. The aclet into possession until after the determination of the tion was brought for use and occupation for the peChancery suit. Former casers, in which the point had riod after the contract was abandoned. The court held,

ouched apon, and they were but few, afforded that the defendant was liable. As a decision, this case

sive authority, an'ı it appeared to be the first is not applicable to the present; but the following retime that

te that the question., whether, under circumstances marks of two of the judges are so :-“While the desuch as

s, are mentioned above, a purchaser is liable to fendant occupied under a valid contract for the sale of an ac' EXT

cion for use a'ad occupation, had required to be the property to him, he could not be considered as a ressly decided.

tenant; the parties could not convert # intract for In Hearn v. Tomlin, (Peake's N. P. C. 192), Lord purchase into a contract of tenantynow # une former Kenyon bad denied the liability; but there the occu- was pending, into another of : 1.antna ure pation had occasioned loss, not benefit, to the defendant. it may be assumed that he ( * ** in Kirtland v. Pounsett, (2 Taunt. 145), Mansfield, C. possession under the agreemon J., at the trial, at first inclined to think that the action have been carried into effect

VOL. X.

H

may be some difficulty in saying, that, while that agree- | OBSERVATIONS ON THE DOCTRINE OF HAR. ment existed, the relation of landlord and tenant sub

TON v. HARTON, (7 Term Rep. 652). sisted between the parties; although this case differs in its circumstances from Kirtland v. Pounsett, because,

A question arose in a very recent case, (Brown v. here, a rent is charged upon the premises. I quite agree, | Whiteway, V. C. Wigram, 20th Feb., 1846), which however, that, while the agreement subsisted, the de- | will shortly be reported in our pages, whether, under a fendant was not bound to pay a compensation for the devise to trustees for various successive interests, some occupation of the land, because the contract shews that

of which require the legal estate to be in the trustees,

and others permit of the legal estate being executed in he was to occupy without compensation, and, so long as

the cestuis que use, the legal estate can shift backwards it subsisted, he was entitled so to occupy, but still he and forwards, out of and into the trustees; or whether was tenant at will."

the legal freehold, if it is necessary that it should be in In this state of the authorities the action of Winter the trustees at all, to support several equitable estates, i bottom v. Ingham was brought; and Chief Justice Tin separated by estates of which the legal estate might, if dal, before whom it was tried, being of opinion that the

they stood alone, be in the cestuis que use, must remain

in them throughout. It was argued on the one side, action was not maintainable, directed a verdict for the

that, though the legal estate may vest in trustees for any defendant, reserving leave to the plaintiff to move to I number of successive equitable estates, and then pass out enter a verdict for the amount wliich it was agreed was of them when all the estates of the remaining series are the value of the defendant's occupation. Upon the case of such a nature as to admit of the legal estate being in being brought before the Court of Queen's Bench, they

the cestuis que use; yet, when once the legal estate has

passed out of trustees, it cannot pass back to them, and, confirmed the decision of the Chief Justice. The plain

Therefore, until all the interests necessarily equitable tiff's counsel had contended, that, the entry of the de.

contended, that, the entry of the de- | are exhausted, the legal estate must remain in the fendant having taken place before the purchase-money trustees. It was urged on the other side, that there is was paid, it could not be referable to the contract of no reason why, in such a case, the uses capable of being sale, with the terms of which it was in consistent; and executed should not be executed, as they arise, in the that both the "entry and occupation milst be referred

he referred cestuis que use, and be executed, during the intervening

equitable estates, in the trustees. That it is no more, in to a distinct contract, arising upon the ordinary impli- effect, than a devise to trustees to the use of themselves, cation, and involving the ordinary consequiences as to during a certain equitable estate, remainder to the use the payment of compensation.” But the court said, of certain other persons for the duration of certain other “ The more correct view of these facts seems to us to be, I partial estates, remainder to the use of the trustees that the entry and possession were not upon an un

during other equitable estates, and so on; a series of derstanding that any compensation was to be made in tionably be good.

| limitations which, if created in terms, would unquesthe event which has arisen. The defendant certa inly! The case was decided on the authority of Harton V. was considered, both by himself and the plaintiff, as | Harton, (7 Term Rep. 652), which the Vice-Chanpurchaser, and not as tenant; and the plaintiff can. | cellor thought not distinguishable from the principal not convert him into an occupier, liable to pay for ':

case; and his Honor said, that he could not, on such a his occupation, by his own wrongful act in not com-li case decided at law.

point, which was purely legal, overrule, upon demurrer, pleting the contract of sale. The jury have, indeed, 1" . 'n Harton v. Harton the devise was to trustees and found that the occupation was beneficial; but this the heirs, on trust to permit a feme coverte to take statement is not without ambiguity: it may have been the re ats; remainder to the use of her first and other beneficial, supposing that he had actually become the sons in tail; in default of such issue, upon trust to perowner. by making a fair return of profit on his mit anot, her feme coverte to take the rents, remainder outlay; but it may also have been a very losing con

to the use of her sons in tail, with divers other remain

con- I ders over and an ultimate remainder to the testator's cern, on a balance struck between that outlay and the right heira The limitations, therefore, were undoubt. amount of the proceeds during the time of his actual ediy to the sai ve effect a

eđiy to the sa, ne effect as in Brown v. Whiteway. It holding. On the other hand, he may have expended does not, howeve 'l, appear elear, from the opinion or as o

owner, in improvements, a sum much larger than | vered by the Chief Justice, (Lord Kenyon), that the a reasonable rent. How is this account to be taken, or

question whether the legal estate may pass and repass to this balance to be struck? A court of equity may have

and from the trustees' was considered by the court, and means for doing justice in this respect between the

it is quite clear that it' ivas not raised in the argument parties; our courts, certainly, have none.

The question seems of the counsel for thia plaintit, s.

Therefore, though the true answer to Mr. Whitehurst's first two rather to have been, whether the legal estate could be in questions may be in the affirmative, admitting the de a feme coverte cestui que use for her life; and it seems to fendant's occupation and the plaintiff's permission to

have been taken for grant'ed either t. tamen occupy, a negative must be put on his third proposition,

was, of necessity, altogether in the trustees, or that the defendant promised to pay, because both par

whole series of limitations w. is a series o

fuses executed ties understood that he made no such promise. Parties

in the cestuis que use. For La w, for the

laintiff, cited

hat

1

South v. Alleine, (Salk. 228), and said, t. The could may easily secure themselves, by stipulating for the

hat was the event of a non-completion of the purchase in their con

only case like the principal cast', on which Now, in tract of sale and purchase.”

build an argument in favour of the plaintiff. a de

South v. Alleine, the only question was, whethe. feme MASTERS IN CHANCERY.—The Lord Chancellor has coverte during her natural life, to be paid by his e

vise of the rents and profits of real estate to a reappointed the following gentlemen Masters Extraordi- cutors into her own hands, without the intermeddlii.

g nary in the high Court of Chancery :-William Hands- of her husband, with a devise over of the lands, gave ley Podmore, of Sparkbrook, near Birmingham; Ed- the feme coverte the lands; and it was held that she ward Russell Ingram, of Stourport, Worcestershire; took the lands. Henry Lovibond, of Bridgwater, Somersetshire.

This doctrine it was that the court overruled; and Lord Kenyon, C. J., said, “Whether

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