John Eastcott, Plymouth, Devonshire, ale and porter mer

CHARLES HENRY CARTWRIGHT, Warrington, Lancashire, grocer, April 27 and May 19 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Pott; Sols. Rowe, Liverpool; Sharpe & Co., Bedford-row, London. - Fiat dated April 7.

HENRY ROE, Liverpool, goldsmith and jeweller, dealer and chapman, April 28 and May 26 at 11, District Court of Bankruptcy, Liverpool: Off. Ass. Turner; Sols. Dodge, Liverpool; Bridger & Blake, London-wall, London. -Fiat dated April 6.

1

MEETINGS.

Bartholomew Vanderplank, Love-lane, London, woollen warehouseman, April 24 at 11, Court of Bankruptcy, London, last ex. Samuel Lawrence, Bedford-street, Covent-garden, Middlesex, dealer in watches, April 24 at 11, Court of Bankruptcy, London, last ex.-George Pratt and John Bodle, Addison-road North, and Queen's-road, Notting-hill, Middlesex, builders, April 24 at 12, Court of Bankruptcy, London, Surrey, barge builder, April 24 at 1, Court of Bankruptcy, last ex.- -John Lovegrove, Rotherhithe-street, Rotherhithe,

EDWARD FOLEY, Stoke Newington-green, Islington, Middlesex, licensed victualler, dealer and chapman, April 24 at half-past 1, and May 22 at 2, Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. Dimmock & Burbey, Siselane.-Fiat dated April 6.

ROBERT WEATHERHOG and RICHARD WEATHERHOG, Stone, Kent, farmers, dealers in corn, dealers and chapmen, April 17 at 2, and May 29 at 12, Court of Bankruptcy, London: Off. Ass. Pennell; Sols. Hayward, Dartford, Kent; Tripp, Adelaide-place, London-bridge.-Fiat dated April 9.

HENRY CHARLES LANGLEY, Suffolk-place, Hackneyroad, Middlesex, apothecary, chemist and druggist, dealer and chapman, April 21 at half-past 1, and May 28 at 12, Court of Bankruptcy, London: Off. Ass. Johnson; Sol. Wheatley, 34, Walbrook.-Fiat dated April 7. THOMAS MATTHEWS, Aldgate High-street, London, draper, dealer and chapman, April 23 at 12, and May 21 at 11, Court of Bankruptcy, London: Off. Ass. Graham; Sols. Sole & Turner, Aldermanbury.-Fiat dated April 7. WILLIAM DAVEY, Pentewan, St. Austell, Cornwall, coal merchant, April 29 and May 20 at 11, District Court of Bankruptcy, Exeter: Off. Ass. Hirtzell; Sols. Cummings & Son, Bodmin; Stogdon, Exeter; G. and W. C. Smith, 5, Southampton-buildings, London.-Fiat dated April 3. THOMAS RICKARDS, Wotton-under-Edge, Gloucestershire, watch maker and jeweller, dealer and chapman, April 27 and May 22 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sols. Husband & Wyatt, 11, Gray'sinn-square, London.-Fiat dated April 1. JAMES BOULTON ORAM, Birmingham, brewer and maltster, dealer and chapman, April 22 and May 11 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sol. Bartleet, Birmingham.-Fiat dated April 6. MARTHA ILLINGWORTH, WILLIAM SMITH, and JOHN WRIGHT, Bradford, Yorkshire, worsted spinners and worsted manufacturers, (carrying on business at Bradford, under the style or firm of Illingworth & Smith), April 21 and May 14 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Young; Sols. Wells, Bradford; Courtenay, Leeds.-Fiat dated April 6.

JOHN KNIGHT, Preston, Lancashire, mercer and draper, dealer and chapman, April 21 and May 20 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Fraser; Sols. Sale & Co., Manchester; Reed & Langford, Friday-street, Cheapside, London.-Fiat dated March 21.

May 2 at 11, Court of Bankruptcy, London, aud. ac. and div.-M. Maclean, Basinghall-street, London, cloth factor, and Stroud, Gloucestershire, clothier, May 5 at 11, Court of Bankruptcy, London, aud. ac.-Stephen Bretton and Thos. Tunwell, Charlotte-street, Fitzroy-square, Middlesex, upholsterers, May 5 at 12, Court of Bankruptcy, London, aud. ac.-Robert Bamford, Pontefract, Yorkshire, maltster, May 4 at 11, District Court of Bankruptcy, Leeds, aud. ac.-John Chas. Rawdon, Leeds and Huddersfield, Yorkshire, wool merchant, May 4 at 11, District Court of Bankruptcy, Leeds, aud. ac.-James Oldham, Wood-street, London, silk warehouseman, May 2 at half-past 12, Court of Bankruptcy, London, fin. div.-C. O. Robson, Finsbury-street, Finsbury-sq., Middlesex, plasterer, May 2 at 1, Court of Bankruptcy, London, div.-James Gale the elder and James Gale the younger, Love-lane, Shadwell, Middlesex, rope makers, May 2 at 12, Court of Bankruptcy, London, fin. div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on the Day of Meeting.

Chas. Self, Sun-street, Bishopsgate-without, plumber, May 1 at half-past 12, Court of Bankruptcy, London.-James Harriss, Leadenhall-market, London, butcher, May 1 at 2, Court of Bankruptcy, London.-Geo. Moir, John's-row, St. Luke, Middlesex, boot maker, May 5 at 1, Court of Bankruptcy, London.-Rich. Hulse, Little Tower-street, London, chemist, May 1 at 11, Court of Bankruptcy, London.-Wm. Baldwin, Notting-hill, Middlesex, victualler, May 1 at 12, Court of Bankruptcy, London.-Mary Guy and Hen. Smith, Farringdon-street and Ludgate-hill, London, linen drapers, May 2 at half-past 1, Court of Bankruptcy, London.-John Ricketts, Gosport, Southampton, grocer, May 4 at half-past 12, Court of Bankruptcy, London.-Chas. Hoppe, Blackfriars-road, Surrey, glass dealer, May 1 at half-past 1, Court of Bankruptcy, London.-Isaac Blackburn, Minories, and Northumberland-alley, Fenchurch-st., London, engineer, May 4 at 1, Court of Bankruptcy, London.-Wm. Gay, Cheltenham, Gloucestershire, builder, May 5 at 1, District Court of Bankruptcy, Bristol.-Jas. G. Gore, Cheltenham, Gloucestershire, innkeeper, May 5 at 1, District Court of Bankruptcy, Bristol.-John Alldrett, Rugeley, Staffordshire, rope maker, May 2 at 11, District Court of Bankruptcy, Birmingham. John Bainton Gillett, Apperley-bridge, Eccleshill, Bradford, Yorkshire, dyer, May 7 at 11, District Court of Bankruptcy, Leeds.

To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before May 1. John Brown, Liverpool, cabinet maker.-Edgar Barnes, Aldborough, Suffolk, wine merchant.-Jacob Parker, Chel tenham, Gloucestershire, cabinet maker.-Benj. Thompson, Aldeburgh, Suffolk, innkeeper.-John Sier, Cheltenham, Gloucestershire, baker.

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THERE have been several cases lately decided in the courts of common law, in which the rules of pleading as to new assignments in actions of trespass and trover have been explained or in some degree altered. These cases, although, as relating to the doctrines of special pleading, they are practically important to a part only of our readers, are yet, as affecting the trial of a cause, and the preparation of evidence for it, desirable to be noticed beyond those limits. We, therefore, deem no apology necessary for the following account of them.

In the first of these cases, Bracegirdle v. Peacock, (ante, p. 9; 15 Law Journ., N. S., Q. B., 73), a declaration in trespass stated, that defendants, on &c., and on divers other days and times between that day and the commencement of the suit, with force and arms, &c., broke and entered a certain close of the plaintiff, situate and being &c., and then and there cut down, prostrated, and destroyed the rails and palings of the plaintiff then standing and being in the said close, to wit, 100 yards of rails and 100 yards of paling. The pleas were, first, not guilty by statute; secondly, no notice of action pursuant to the statute, under the authority of which the trespasses were committed; thirdly, a common public highway; and, because the rails and palings had been wrongfully erected, and were standing in and across the highway and obstructing the same &c., the defendants, in order to remove the obstruction, cut down, prostrated, and a little destroyed the said rails and palings, doing no unnecessary damage. The fourth plea was similar, except in alleging the removal to be under the authority of a local act. The replication to the third and fourth plea denied that the rails and palings were standing in and across the highway and footway, in manner and form &c. At the trial it was proved that the defendants had cut down six feet in length, in three VOL. X.

N

places, of the rails upon the close of the plaintiff. The defendants proved a right of way across the close, and the jury gave a verdict for the plaintiff upon the first and second issues, damages 1s., and found that part only of the rails cut down were on the footpath, upon which the judge directed the verdict to be entered for the defendants on the third and fourth issues, being of opinion, that, if any of the rails were upon the footpath, the plaintiff should have new assigned; and this the court held to have been rightly done. "We are of opinion," said the court, "that the plaintiff is not entitled to recover, and that, as the number and quantity of the rails were immaterial, and alleged generally in the declaration, and divisible, if the plea, which apparently covered the whole, answered a part only, the plaintiff ought to have new assigned, if he meant to insist that some of the rails were not standing upon the way, though others were. The case of Bowen v. Jenkin (6 Adol. & Ell. 911) is directly in point. That was an action for disturbing plaintiff's common by turning on cattle. The defendant pleaded a right of common for cattle levant and couchant. The plaintiff replied, that all the cattle in the declaration mentioned were not levant and couchant, and issue was joined. It appeared by the evidence, that, at the time of the injury complained of, some of the cattle were levant and couchant, and others not; and it was held that the effect of the plaintiff's replication was, that the levancy and couchancy was untruly alleged by the defendant of all the cattle, not that it was truly alleged of some, and falsely of others. The plea answered the complaint as to some of the cattle; and if the plaintiff meant to draw a distinction between such of the cattle as were really included in the justification and such as were not, he should have new assigned. The present case falls within the rule collected from a review of the older authorities laid down in the note to the case of Greene