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Homan, Manchester, merchants, April 3 at 12, District Court Andrews, Weston, near Bath, Somersetshire, out of business : of Bankruptcy, Manchester.-Fred. Whitworth, Shawforth, | in the Gaol of Wilton.-Samuel Alloway, Bristol, out of bu. Rochdale, Lancashire, cotton manufacturer, April 7 at 12, siness : in the Gaol of Bristol.-W. May, Devonport, superDistrict Court of Bankruptcy, Manchester.-John Kelsey, annuated labourer from ber Majesty's Ordnance Department, Manchester, joiner, April 1 at 12, District Court of Bank- Devonport : in the Gaol af St. Thomas the Apostle. ruptcy, Manchester. Thos. Findley, Manchester, plasterer, The following Prisoners are ordered to be brought before April 1 at 12, District Court of Bankruptcy, Manchester.
a Commissioner on Circuit :To be allowed by the Court of Review in Bankruptcy, unless Court-house, Ruthin, Denbighshire, March 25 at 10.
Cause be shewn to the contrary on or before March 31. | David Jones, Abergele, joiner.
Court-house, HERTFORD, March 26 at 10. statuary and mason.—John Brown, Hornsey-road, Middlesex, Sarah Hill, Chipping Barnet, victualler. Thos. Coleman, builder.--G. Hind, Bishop's Waltham, Southampton, draper. St. Alban's, innkeeper. -Esther Smith, Southwell, Nottinghamshire, innkeeper. - 1 Court-house, BodMix, Cornwall, March 26 at 10. Jos. Gainer, Stonehouse, Gloucestershire, dyer.
William Cayzer, St. Columb Major, hat manufacturer.-J. Fiat ANNULLED.
Poole, Penzance, cordwainer.-J. James, St. Agnes, tailor.Jos. Collinson, Allerton and Bradford, Yorkshire, worsted Ann Angwin, Phillack, widow, farmer. spinner.
Court-house, Nottingham, (County), March 24 at 10. PARTNERSHIP DISSOLVED.
William Glazebrook, Leicester, boatman.-Charlotte Tip. Thos. P. Tyacke and J. G. Plomer, Helston, Cornwall, at.
per, Kirkgate, Newark-upon-Trent, widow, patten-maker.tornies and solicitors.
Joseph Brooks, Ashfield, joiner. -Henry Henson, Hickling, Scotch SEQUESTRATION.
schoolmaster.- John Keni, Bloomsgrove, hosier.--Edward James M Leod, Glasgow, cartwright.
Godfrey Leman, Nottingham, out of business. Wm. Pearce, INSOLVENT DEBTORS
Nottingham, cotton doubler. Who have filed their Petitions in the Court of Bankruptcy,
INSOLVENT DEBTOR'S DIVIDEND. and have obtained an Interim Order for Protection from Edward Cole, East Mount-terrace, Whitechapel-road, lieu. Process.
tenant on half-pay, March 10, Thompson's, High-street, WapJas. Dando, Church-row, Fenchurch-street, London, tailor, ping: 38. 6d. in the pound, (in addition to others, amounting March 18 at 12, Court of Bankruptcy, London.—Daniel to 128. 4d.) Missenden, Newton Longville, Buckingham, farmer, March 18 at 12, Court of Bankruptcy, London.-Wm. Bolton, King
FRIDAY, MARCH 13. street, Hammersmith, Middlesex, general dealer, March 18 at
BANKRUPTS. 12. Court of Bankruptcy, London.--Elizabeth Hann, Water- / JOSEPH SCHOLEFIELD. Cheapside. London, cutler and loo-place, Commercial-road, Limehouse, Middlesex, widow,
dressing case manufacturer, March 24 at 11, and April 24 lodging-housekeeper, March 18 at 11, Court of Bankruptcy,
at 12, Court of Bankruptcy, London: Off. Ass. Belcher; London.-H. Gimber, Eden-place, George-row, Bermondsey,
Sols. Reed & Langford, Friday-st.--Fiat dated March II. Surrey, professor of music, March 20 at 11, Court of Bank. | MILES GRIFFITÉ and PHILIP PEARSON, New Bondruptcy, London.-Wm. Roper the younger, Parsons-street,
street, Middlesex, tailors, March 20 at 10, and April 24 at East Smithfield, Middlesex, paper hanging manufacturer,
ll, Court of Bankruptcy, London: Off. Ass. Pennell; March 20 at 11, Court of Bankruptcy, London.-L. White, I
Sols. Wood & Fraser, 78, Dean-street, Soho.-Fiat dated Rawstone-street, Clerkenwell, Middlesex, out of business,
gerford-st., Strand, and High Holborn, Middlesex, lighter. 19 at 12, Court of Bankruptcy, London.-J. Brooks Player,
man, corn and coal merchant, March 24 at 11, and April 30 Bath, Somersetshire, out of business, March 23 at 11, District
at 12, Court of Bankruptcy, London: Off. Ass. Johnson; Court of Bankruptcy, Bristol.-John Elias, Gloucester, car
Sol. Tribe, Barge-yard-chambers, Bucklersbury.- Fiat dated penter, March 26 at 11, District Court of Bankruptcy, Bristol. March 11. -Thos. Gardner, Cheltenham, Gloucestershire, stone mason, JOSEPH ELLIS WEST and HENRY TENNANT, Leeds, March 23 at 12, District Court of Bankruptcy, Bristol,--Caleb
Yorkshire, stock and share brokers, dealers and chapmen, Parker, Cheltenham, Gloucestershire, dyer, March 23 at half.
(carrying on business at Leeds under the firm of West & past 12, District Court of Bankruptcy, Bristol.-J. Haworth,
Tennant), March 24 and April 13 at 11, District Court of Bolton-le-Moors, Lancashire, plumber, March 17 at 12, Dis.
Bankruptcy, Leeds : Off. Ass. Kynaston; Sols. Blackburn, trict Court of Bankruptcy, Manchester.-J. Venables King,
Leeds; ' Walker, Furnival's Inn, London. - Fiat dated Beaufort-terrace, King's-road, Chelsea, and Queen-street,
March 11. Soho-square, Middlesex, March 12 at half-past 1, Court of DAVID BROADHEAD and AUGUSTUS JOHN HALBankruptcy, London.
CRO, Leeds, Yorkshire, stock and share brokers, dealers Saturday, March 7.
and chapmen, (trading under the firm of Broadhead & The following Assignees have been appointed. Further Par
Halcro), March 26 and April 16 at 11, District Court of ticulars may be learned at the Office, in Portugal-st., Lin. Bankruptcy, Leeds: Off. Ass. Freeman; Sols. Cariss, coln's-inn-fields, on giving the Number of the Case.
Leeds; Williamson & Co., Gray's Inn, London.-Fiat dated Andrew Shiell, Mortimer-place, Mortimer-road, Dalston, March 3. Middlesex, baker, No. 57,937 T.; George Worts, assignee.- AARON SHIPTON and JOSEPH WISE. JENKINS, Daniel Clark, Brett's-buildings, Camberwell-road, Surrey, Small's-mill, Painswick, Gloucestershire, clothiers, dealers plumber, No. 57,947 T.; Thomas Anslow and Abraham Allen, and chapmen, March 30 and April 27 at 11, District Court assignees.
of Bankruptcy, Bristol: Off. Ass. Hutton; Sol. Paris, Saturday, March 7.
Stroud, Gloucestershire. - Fiat dated March 9. Orders have been made, vesting in the Provisional Assignee THOMAS SUTTON the younger, Atherstone, Warwickthe Estates and Effects of the following Persons:
shire, draper, dealer and chapman, March 24 and April 28 on their own Petitions).
at 12, District Court of Bankruptcy, Birmingham : Of. John Spaul, Beer-lane, Tower.street, London, general mer Ass. Valpy; Sols. Tarleton & Newton, Birmingham; chant: in the Debtors Prison for London and Middlesex.-F. Wratislaw, Rugby.—Fiat dated March 3. Clarke, Grosvenor-street, Grosvenor-square, Middlesex, sur WILLIAM HARDING, Stockport, Cheshire, cotton manugeon dentist : in the Debtors Prison for London and Middlesex.
facturer, dealer and chapman, March 25 and April 15 at 12, -Adolphus F. Beech, Rotherbithe-street, Rotherhithe, Surrey, i District Court of Bankruptcy, Manchester : Off. Ass. Pott; clerk to a ship breaker: in the Queen's Prison.-J. Worming. Sols. Coppock & Woollam, Stockport; Coppock, 3, Cleveton, Frederick -place, Mason-street, Westminster-bridge-road, land-row, St. James, Westminster. - Fiat dated March 10., Surrey, out of business : in the Gaol of Surrey.-Sam. Lake,
MEETINGS. Exeter, labourer: in the Gaol of Exeter.-W. Hill, Waters. Rich. Hulse, Lower Tower-street, London, chemist, April field, near Arundel, Sussex, retailer of beer: in the Gaol of 3 at 3, Court of Bankruptcy, London, aud. ac.-Wm. Ward, Petworth.-Anna Daniel, Weedon Beck, near Northampton, Manchester, auctioneer, April 6 at half-past), Court of Bank. widow, out of business : in the Gaol of Northampton.Oliver ruptcy, London, aud, ac.-H. Gamble, Grimstone, Norfolk, grocer, April 2 at 11, Court of Bankruptcy, London, aud. ac. | Appleton, Manchester, brewer, March 24 at 12, District Court -George Bond, Epsom, Surrey, licensed victualler, April 3 of Bankruptcy, Manchester.-Jas. Cummings, South Shields, at balf-past 11, Court of Bankruptcy, London, aud. ac.-J. Durham, commission agent, March 27 at half-past 1, District Metford the younger, Southampton, ironmonger, April 3 at Court of Bankruptcy, Newcastle-upon-Tyne. —Thos. Cooke, 11, Court of Bankruptcy, London, and, ac.-James Gray, Cheltenham, Gloucestershire, baker, March 23 at 11, District Manchester, upholsterer, April 6 at 12, District Court of Bank- Court of Bankruptcy, Bristol. --John Truebridge, Charlesruptcy, Manchester, aud. ac.- Fred. Samford, Manchester, street, Westminster, Middlesex, carpenter, March 19 at halfwoollen draper, April 6 at 12, District Court of Bankruptcy, past 11, Court of Bankruptcy, London.-W. T. Parkinson, Manchester, aud. ac.-John Holman, Exeter, victualler, April Gloster-street, Park-street, Camden-town, Middlesex, surgeon 8 at 1, District Court of Bankruptcy, Exeter, aud. ac.-H. dentist, March 18 at 11, Court of Bankruptcy, London.-W. J. Andrews, Plymouth, Devonshire, apothecary, April 8 at 1, B. Collins, White Lion-street, Clerkenwell, Middlesex, out of District Court of Bankruptcy, Exeter, aud. ac.; April 9 at 1, business, March 18 at 11, Court of Bankruptcy, London.dit.-W. Tomkinson, Stoke-upon-Trent, Staffordshire, wine Chas. S. Sweeny, North-street, Westminster, Middlesex, docbercbant, April 3 at 11, District Court of Bankruptcy, Bir. tor of medicine, March 25 at 11, Court of Bankruptcy, LonDingham, aud. ac.-T. Ledyard Evill and T. Douglass, Vigo.don.-James Easton, Somersham, Huntingdonshire, publican, street, Middlesex, cloth manufacturers, April 6 at half-past 12, March 26 at 11, Court of Bankruptcy, London.-R. Shickle, Court of Bankruptcy, London, div.-David Froeschlen and Norwich, butcher, March 26 at 11, Court of Bankruptcy, Simon Price, Dover-street, Piccadilly, Middlesex, tailors, London.-Charles Williams, Clark's-place, Broad-street, St. April 7 at 12, Court of Bankruptcy, London, div.-Edward Giles in the Fields, Middlesex, French polisher, March 26 at Linan, Church-row, Newington, Surrey, and T. Kinsman 11, Court of Bankruptcy, London.-Phæbe Esther Cooper, Bryan, Old Swan-pier, Upper Thames street, London, wharf Sutton Macclesfield, Cheshire, draper, March 18 at 12, Disingers, April 7 at ii, Court of Bankruptcy, London, div. trict Court of Bankruptcy, Manchester - Thomas Henley, Robert J Entire, Paternoster-row, London, and Barnsbury- | Bath, Somersetshire, painter, March 30 at 11, District Court square, Middlesex, commission agent, April 7 at 1, Court of of Bankruptcy, Bristol.- Richard Wilde, Melverley, ShropBankruptcy, London, div.-Beaumont Marshall, High Hol- shire, innkeeper, March 28 at half-past 10, District Court of born, Middlesex, tallow melter, April 3 at 1, Court of Bank Bankruptcy, Birmingham. ruptcy, London, div.-John Evans, High-street, Shoreditch, The following Prisoners are ordered to be brought up before Middleser, cheesemonger, April 3 at 12, Court of Bank- the Court, in Portugal-st., on Saturday, March 28, at 9. ruptcy, London, div.-Simon South, Spittlegate, Grantham,
Thos. Henly, Jamaica-street, Commercial-road, Middlesex, Lincolnshire, maltster, April 4 at 12, District Court of Bank
master mariner. --Wm. Rutter, Albert-street, Morningtonruptcy, Birmingham, div.-J. Collins, Salford, Lancashire,
hire, crescent, Middlesex, surgeon.-Joseph Shilton, Arbour-street common brewer, April 6 at 12, District Court of Bankruptcy,
East, Commercial-road East, Middlesex, out of business.-Manchester, div.-John Nightingale, Rusholme, Manchester,
Thos. Savage, Thomas-st., Dock-head, Bermondsey, Surrey, innkeeper, April 7 at 12, District Court of Bankruptcy, Man
lighterman.-Dav. James, Bath-cottage, Addington-sq., Camchester, fin. div.-Francis Glass, Basinghall-street, London,
on, berwell, Surrey, commission agent.-Geo. Woods, Mount-pl., woollen factor, April 4 at 12, Court of Bankruptcy, London,
Whitechapel-road, Middlesex, tailor.-Jas. Hooper, Warwickand, ae.- Wm. Fay, Bath, Somersetshire, innkeeper, April 6
street, Pimlico, Middlesex, carpenter. --Adolphus F. Beech, at half-past 12, District Court of Bankruptcy, Bristol, aud. ac.
Rotherhithe-st., Rotherbithe, Surrey, clerk to a ship breaker. CERTIFICATES.
-Chas. Hen. Russell, Percy-street, Bedford-sq., Middlesex, To be allowed, unless Cause be sheun to the contrary on or attorney's clerk.-Chas. F. A. Schmidt, Bedford-pl., Southbefore the Day of Meeting
wark-bridge-road, Surrey, wine merchant. William Ward, Manchester, auctioneer, April 6 at half-past
March 30, at the same hour and place. 1, Coart of Bankruptcy, London.- Joseph Cleary, Church John Oldham, Stamford-st., Blackfriars-road, Surrey, enroad, De Beauvoir-square, Middlesex, builder, April 3 at graver.-Morris Paddon, Albany-road, Camberwell, Surrey, half past 11, Court of Bankruptcy, London.- John Brown, clerk in the General Post-office.- Geo. Thos. Elgie, Astey'sLiverpool, joiner, April 6 at 11, District Court of Bankruptcy, row, Islington, Middlesex, attorney at law.-Robert Black, Liverpool.-James Sykes, Doncaster, Yorkshire, hosier, April Queen-st., New-cut, Lambeth, Surrey, baker.- Hen. Geo. C. 9 at 11, District Court of Bankruptcy, Leeds.-T. Nash the Geary, Wellington-pl., Friar-street, Blackfriars-road, Surrey, younger, Stourbridge, Worcestershire, builder, April 4 at 12, out of business.-Jas. W. Gardiner, Harley-st., CavendishDistrict Court of Bankruptcy, Birmingham,
square, and Northumberland-street, Strand, Middlesex, bill To be allowed by the Court of Review in Bankruptcy, unless / broker. Cause be shewn to the contrary on or before April 3.
Adjourned. Charles Barber, Denham Springs, Brindle, near Chorley, | Thos. Peachey, Rathbone-place, St. Mary-le-bone, MiddleLancashire, calico printer.-W. Senior, Sheffield, Yorkshire, sex, dealing in drapery goods. hosier. - James Brooke, Gooderstone, Norfolk, miller.--Chas. Court-house, DORCHESTER, Dorsetshire, March 30, at 10. Dames Wilson, Saville-place, Mile-end, and Globe-wharf,
Thos. Samson, Wootton Fitzpaine, out of business. Mile-end, Middlesex, builder.-Thos. Kinsman Bryan, Old
Court-house, LEICESTER, (County), March 27, at 10. Swan-pier, Upper Thames-street, London, wharfinger.--Jas. Rayner, Rougham, Norfolk, licensed victualler.- Ed. Wookey Robt. Sims, Leicester, victualler, and Francis Hare, Bristol, drapers.-- Fred. Dixon, Long. I Court-house, NorthAMPTON, (County), March 30, át 10. lane, Bermondsey, Surrey, currier.
Anna Daniel, widow, Lower Weedon, out of business.-E. FIAT ANNULLED,
Barlow, Little Barton, stone mason.
INSOLVENT DEBTORS' DIVIDEND.
George Lockyer, Middlezoy, Somersetshire, farmer, LoviR. Stevenson & Co., Glasgow, sewed muslin manufacturers. bond & Carslake, Bridgwater: 28. 10d. in the pound. - John Robertson, Glasgow, iron merchant.
METCALFE'S NEW PATTERN TOOTH-BRUSH, and DECLARATIONS OF INSOLVENCY.
11 SMYRNA SPONGES.--The Tooth-brush has the important ad John Alerius Thomas, High-street, Kingsland, Middlesex, vantages of searching thoroughly into the divisions of the Teeth, and tailor. Sam. Wilson Orridge, East-street, Red Lion-square,
cleaning them in the most effectual and extraordinary manner, and is
famous for the hairs not coming loose, ls. An improved Clothes' Brush, out of business.
that cleans in a third part of the usual time, and incapable of injuring INSOLVENT DEBTORS
the finest nap. Penetrating Hair Brushes, with the durable unbleached
Russian bristles, which do not soften like common hair. Flesh Brushes Who hare filed their Petitions in the Court of Bankruptcy,
of improved graduated and powerful friction.Velvet Brushes, which and have obtained an Interim Order for Protection from act in the most surprising and successful manner. The genuine SMYR
NA SPONGE, with its preserved valuable properties of absorption, viProcess.
tality, and durability, by means of direct importations, dispevsing with Peter F. A. Campbell, Gravesend, Kent, out of business, | all interinediate parties' profits and destructive bleaching, and securing March 16 at 2, Court of Bankruptcy, London.-J. Garlick, the luxury of a genuine Smyrna Sponge. ONLY at METCALFE'S, Mottram in Longdendale, Cheshire, licensed victualler, March la Cheshire tiranged sin mallar March 130 B, Oxford-street, one door from Holles-street,
Caution.-Beware of the words * from Metcalfe's," adopted by some 20 at 12, District Court of Bankruptcy, Manchester. Thos,' houses.
HILL ON TRUSTEES.
LA QUATICS.—Gentlemen connected with the Law (being This day is published, in royal 8vo., price 11. 68. boards,
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his Name and Address to L. S. C., Jurist Office, Chancery-lane. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Portugal-street), 26 and 39
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TRUSTEES. the Practice effected by the last New Orders of 8th May, 1845; with
James Copland, M.D., F.R.S. Practical Directions, a full Selection of the Modern Cases, (including the
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F. J. Farre, M.D., P.L.S., Assist. Phys. to St. Bartholomew Hosp. the Alterations of the Law, and containing a complete Series of CON
Thomas W. Greene, Esq., Lincoln's Inn. DITIONS of SALE; with various new Tables for valuing and ap J. Hilton, Esq., F.R.S., Assistant Surgeon to Guy's Hospital. praising Estates and Property, and usual additional Information for the
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No. 480—Vol. X. MARCH 21, 1846. Price 1s., with Supplement, 18. 9d. The following are the Names of the Gentlemon who favour The JURIST with Reports of Cases argued and
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SE. T. Hoop, Esq. of the Inner ||Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's
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SW.M. Best, Esq. of Gray's Inn, Vice-Chancellor of Eng.) Inner Temple, and
Barrister at Law. land's Court i....... CHARLES MARETT, Esq. of the
Ecclesiastical and Admi. SJ. P. Deane, D.C.L. of Doctors' (Inner Temple, Barristers at Law. ralty Courts ........1 Commons. Vice-Chancellor Knight w.W. COOPER, Esq. of the Inner
SW.W. Cooper, Esq. of the Inner Bruce's Court........l Temple, Barrister at Law.
* Court of Review ......
.... Temple, Barrister at Law.
LONDON, MARCH 21, 1846.
nience were occasioned by tracing out the title to the
term and finding the holder, the expense of assignment If ever there was an unfortunate set of acts of Parlia- being a mere trifle. ment, it is that by which the session of the 8 & 9 Vict. Now, this objection, we confess, appears to us a very signalised itself as a law-reforming session. Some of unfair one. No one can reasonably complain, that, if those acts are undoubtedly total failures. No one, for he wants the particular protection of an outstanding instance, dreams of paying the slightest attention to term, he should take the trouble to procure it. If the chapters 119 and 129, with their equivalent columns, owner of land, who took an assignment of a term to a and formulæ of impossible application. But the 112th trustee before the 1st January, 1846, thinks the trouble chapter, the act for rendering the assignment of satisfied of deducing the title in the term down to the person in terms unnecessary, which really is a beneficial act, and whom it is vested too great, he easily avoids that trouis effectively drawn, always allowing for the somewhat ble, simply by dispensing with the protection of the crotchetty and inconsistent language by which a term term. The act does not force it upon him, but merely is destroyed and yet kept alive,-even that act is sub- offers it to him. It was no part of the intention of the jected to attacks of all kinds, and for all reasons, some act to give him a title without his shewing a title, or of which are reasonable and some not.
to put him in a better situation than if the act had not We have now before us a paper, in which it is argued, passed. All that the act obviously intends, is to abothat the Assignment of Terms Act has failed altogether lish attendant terms in future-to prevent their being to effect its purpose, and leaves the expense attending, perpetuated, but, at the same time, to avoid the injusttitles arising out of the existence of attendant terrs ice of depriving a purchaser, who had already got a just what it was. The difficulty suggested is this: term assigned to his, trustee, of the benefit of it, by that if A., having purchased land, and having had an putting him in the same position as regards the protecoutstanding term assigned to a trustee (B.) in the usual tion to be derived from his term, as if the act had 'not manner before the 1st January, 1846, requires, to bring passed. If the act had never passed, a purchaser must an ejectment, and B., the trustee, has died sin ce, making always have shewn in whom the term was vested, his executor, A, must bring the ejectment is the name of before he could bring ejectment upon it, and so he the executor of B., if at all. And then it is said that must now; and where is the hardship, or the failure of the purpose of the act will be totally frustrated, be justice? cause, as to these terms, it will be t'ke duty of every But, more than this, it would, we contend, be grossly conveyancer, in advising on a tite, to insist that the unjust to absolve a claimant to the benefit of the term shall be traced down to tne person who would term, from the necessity of tracing the title to it from have been actually entitled tr, the term supposing it his original trustee; for that would take for granted still to subsist, and, moreover, that such person shall be that no alienation by such original trustee, lawful or producible; otherwise the term will, it is said, be use- unlawful, had taken place between the assignment to less for the purpose of protection. Thus, it is argued, him and the 1st January, 1846; and the result might parties will be put to the same expense and inconve- be to enable a person to recover under colour of a term i nience as formerly, 'wecause the expense and inconve- ' to which he had no title, as it might by possibility be
actually vested in a trustee, in trust for a purchaser whom execution shall have been had, upon judgment for valuable consideration. It is now, of course, or recovered in an action brought against that one alone. ought to be, the practice, for a purchaser, whenever
The constitution of the companies to which the bankthere is a term attendant upon the inheritance, to in
ruptcy clauses apply are sufficiently described in the
first clause. quire of the last apparent assignee whether he has aliened or encumbered. If a purchaser does that, he
I. Commercial or trading companies, incorporated by
charter, or by act of Parliament, after the passwill acquire priority, we apprehend, against any one
ing of the act. not having an actual assignment of the term : but neither II. Companies for commercial or trading purposes that nor anything else can or ought to protect him
subsisting under the 1 Vict. c. 73, or any other against the title of an actual assignee of the term having
act of Parliament. an equal equity; and it would be too much, to expect
III. Commercial or trading companies, or bodies re
gistered either provisionally or completely under that the act should destroy the legal rights, quantum
the 7 & 8 Vict. c. 110. valeant, of any claimant to the benefit of a term, in
IV. Any existing joint-stock companies comprehendorder to save a purchaser the trouble of deducing his ed within the definition of a joint-stock comtitle.
pany given by the 7 & 8 Vict. c. 110.
These are the four classes of commercial associations OBSERVATIONS ON THE 7 & 8 VICT. CAp. to which the bankruptcy clauses of the 7 & 8 Vict. c. 111, PARTICULARLY WITH REFERENCE
111, apply. TO THE 22ND SECTION.
Now, if we look to the interpretation clause of the 7 & 8 Vict. c. 110, we find that it includes in its defini
tion of a joint-stock company “ every partnership Upon looking at the 22nd section of this statute, two whereof the capital is divided, or agreed to be divided, questions immediately suggest themselves. The first into shares, and so as to be transferrible, without the is, that which we very slightly noticed in the last Num- express consent of all the co-partners,” and “every cober of THE JURIST, whether the statute applies to pa
partnership which, at its formation, or by subsequent
admission, (except any admission subsequent on devoluassociations of persons composed of provisional com
tion or other act in law), shall consist of more than mittee-men or directors, and either actual allottees of twenty-five members.” shares, or persons having bound themselves by their The last of these definitions, supposing we are to conapplications for shares; and, secondly, if it does, then strue the 22nd section of the 7 & 8 Vict. c. 111, by reto what extent does the act give power substantially
ference to the first, and thence by reference to the 7 & 8 to vary the rights of parties, under orders purport
Vict. c. 110, would undoubtedly include most embryo
railway companies, composed of provisional committeeing only to regulate forms of proceeding. On the first
men and persons having taken or being bound to take point, the difficulty arises from the use, in the 22nd shares, provided it can be assumed that such associations section, of the word “joint-stock company.” It is are partnerships. But that is the very point which is at only with reference to bodies that are joint-stock. com- present much doubted, we believe, in the Profession; panies within the meaning of the act, that the powers and most certainly such associations, a
and most certainly such associations are not partnerconferred by the 22nd section have any existence. ships in the general and unlimited legal sense of the The act itself does not give any specific definition of word. (Fox v. Clifton, 4 M. & P. 676; Pitchford V. what shall constitute a joint-stock company. It ap- | Davis, 7 Mee. & W. 2). pears to have two distinct objects: the first to which But, assuming for the present that the 22nd section of all the sections except the 22nd apply, is to prescribe the 7 & 8 Vict. c. 111, is a separate enactment, not to be certain modes of proceeding for winding up the affairs
construed by reference to the clauses which relate to of such companies as are described in the act, upon their bankrupt companies, we have then to inquire, in endeacommitting such acts as are made by the statute acts vouring to form an opinion as to what associations the of bankruptcy by the company*. The second, (sect. court would hold within the meaning of that section, 22), and this seems to be wholly severed from the first what is a joint-stock company without reference to the object, is to provide means, with or without winding up / 110th or 111th chapter of the 7 & 8 Vict. ; what is, in 'the affairs of the company, for compelling the mem
fact, in common legal acceptation, a joint-stock combers to contribute towards recouping any one against
pany. Now, in one sense, no doubt, every common
Partnership is a joint-stock company, inasmuch as every * It may here be observed, that, on the 17th instant, the party
partnership trades upon the joint stock of the whole first order was made under this act, by Mr. Commissioner / par "nership.
oner partnership. But no one certainly would, in common
by Fonblanque, for bringing before the Master of the Rolls the parla uce, describe an ordinary banking or other partwinding up of a bankrupt joint-stock company. The order is as nership as a joint-stock company. And if there be any follows:-" In the Matter of the Forth Marine Insurance peculiar legal force in the term, it is to be sought in the Company, bankrupt.-By virtue of the authority given to Bubble A t, (6 Geo. 1), which was passed in reference this court by an act passed in the seventh and eighth years to the earliest joint-stock companies. of the reign of her present Majesty, intitled, * An Act According to that act, and according to general underfor facilitating the winding up the Affairs of Joint-stock standing, aivint-stock company is a partnership 11 Companies unable to meet their present Engagements,' this court doth order and direct, that William
| which the part ders not only contribute each his sepa
Cook and Lewis Mackinnon, the creditors' assignees of the estate and effects of
rate part of the joint stock, but make, or affect to the above-named company, bankrupt, do forthwith apply to
make, their share's transferrible without the assent of the high Court of Chancery, by petition, in a summary way,
the other partners, a, zd are, or affect to be, liable only to the Master of the Rolls, praying that all such orders and di
to the extent of their , hares. A joint-stock company rections may be given as shall be necessary for the final wind. in this view is a complete partnership, wat ing up and settling the affairs of the said company, and to partner contributes his sh'are of the partnersup compel a just contribution from all the members of the said / and is, or affects to be, resp. nsible only to that even company, towards the full payment of all the debts and lia. |
the debts and lia- The hypothesis of the ex istence of such an assobilities of the said company, and of the costs of winding up ciation in the present known state of the law and finally settling the affairs of such company."
| to require at least a complete ly organised partner