No. 494-VOL. X. JUNE 27, 1846. PRICE 18. 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: LONDON, JUNE 27, 1846. reaching the state of an actual legally constituted com-pany, then the persons composing the provisional committee are solely liable for all expenses incurred, and the individuals agreeing to take shares, are precisely in the same situation as if they had never agreed; that is, they are not bound to pay any portion of their deposits, if they have not already paid them, and are entitled to recover them back, if they have paid them. THE judicial storm which has long been threatening the abandoned railway undertakings, has at length marked and burst upon its victim. Henceforth provisional directors will have to run the gauntlet, after the manner of American Indian prisoners, through a lane lined with a double row of enemies,-allottees on the one side, and on the other, engineers, solicitors, trades- The doctrine laid down in the very recent case of men, &c.; and with a stab from "Walstab v. Spottis-Wontner v. Sharp, goes a step further than even Walwoode" on the one side, or "Wontner v. Sharp" on the other, and with a huge sweeping blow from the old and tried sword of " Nockels v. Crosby," as a crowning mercy at the end, happy will they be if the very race of provisional directors is not swept from the face of the country, as an expiatory sacrifice for the gambling sins of nearly the whole English community. In a former Number (Vol 10, p. 110) we took the liberty of presenting some reasonings against the application of Nockels v. Crosby (3 B. & C. 814) to the case of modern allottees in projected railway companies. The case of Walstab v. Spottiswoode (ante, p. 460) has, however, disposed judicially of all arguments against Nockels v. Crosby, whether considered per se, or with reference to the modern transaction of contracting to take shares in a projected railroad company, which afterwards does not reach the state of a mature company. The broad doctrine, now gradually becoming consolidated seems to be this: that, if a railway scheme is projected under the paternity and care of persons acting as a provisional committee; if, to the invitation of those persons to the public to take shares, stating that the company is intended to comprise a given number of shares, making together a given capital, individuals of the public respond by agreeing to take shares; and if the scheme is abandoned, by reason of an insufficient number of shareholders coming in, before VOL. X. X stab v. Spottiswoode, to the effect that an allottee is not bound even by signing the company deed, if the concern is broken up before completion. The proposition contained in these cases, we must now take undoubtedly to be the law; but it is not, as it appears to us, either very rational or very equitable. Let us examine it a little. Until such a number of shares is taken as will justify the provisional committee in hoping to carry on the scheme successfully to its parliamentary termination, they cannot feel safe in paying any expenses; because, according to the late cases, if they should happen to be obliged to break up in a state of incompleteness, every shilling that they have expended, must be paid by them; while, without incurring expenses, they cannot have the slightest prospect of obtaining further subscriptions for shares, because, to obtain such subscriptions, information must be collected and diffused at a very considerable expense. Thus provisional committees will be practically prevented from taking the means of doing that, the not doing of which, is to throw upon them a purely personal responsibility. The tendency of this is not very clearly consistent with commercial policy; for, of course, as to all existing incomplete undertakings, if the provisional_committee-men are men of straw, who have in the company merely with a view to raising shutes to a pre PAPE URIS Youde v. Jones (Ap) Morris v. Howse Horseman v. Abbey (Ap) Before the VICE-CHANCELLOR OF ENGLAND. } mium for the purpose of speculation, they, caring for Heming v. Swinnerton (Ap) and dishonest men, and to break up the best companies Court Papers. EQUITY CAUSE LISTS, AFTER TRINITY ***The following abbreviations have been adopted to abridge the space the Cause Papers would otherwise have occupied:-A. Abated-Adj. Adjourned-A. T. After Term-Ap. Appeal-C. D. Cause Day—C. Costs-D. Demurrer-E. Exceptions-F. D. Further Directions-M. Motion-P. C. Pro Confesso-Pl. Plea-Ptn. Petition-R. Re-hearing-S. O. Stand Over-Sh. Short. Strickland v. Strick-7 (Ap) | Black v. Chaytor (Ap) Ditto v. Boynton To Bell v. Earl of Mexborough Sanders v. Kelsey (D) Johnson v. Forrester (FD) Ptn) Adlam v. Barham (2 causes) Cradock v. Piper (F D, C) Sh Henderson v. Eason (E, FD, Wait v. Horton (F D, C) Smale v. Bickford Garrod v. Moor Peacock v. Kernot Wright v. Barnewell (E, FD) Dobson v. Lyle (F D, C) Insole v. Featherstonhaugh Evans v. Hunter Blundell v. Gladstone (4 caus., Palmer v. Pattison (F D, C) Haffenden v. Wood (E) Montague v. Cator (FD, cau.) Baxter v. Abbott (F D, C) Morgan v. Kingdon (F D, C) Branscomb v. Branscombe (F Edwards v. Priestly D, C) Stammers v. Halliby (3 ca., Minor v. Minor (2 Ap) 1 70 Johnson e. Child (Ap)so, DPD). Battye (ur order)"} Mayor, &c. of Rochester v. Lee Pennyfather v. Pennyfather (2 causes) Taylor v. Taylor June 30 Querrill v. Binnimore (F D, Butcher v. Rich (F D, C) v. Wilkinson v. Garrett Craven v. Stubbins Brendon v. Brendon London Gazettes. TUESDAY, JUNE 23. BANKRUPTS. v. Glasgow College THOMAS JAMES BLURTON, Wilton-place, Belgravesquare, Middlesex, wine merchant, July 3 at 11, and Aug. 7 at 12, Court of Bankruptcy, London: Off. Ass. Alsager; Sol. Hare, Coleman-street.-Fiat dated June 19. THOMAS AQUILA COOK, Robinhood-yard, Leatherlane, and Garnault-place, Exmouth-st., Middlesex, carver and gilder, July 3 at 12, and Aug. 7 at half-past 12, Court of Bankruptcy, London: Off. Ass. Whitmore; Sol. Taylor, 38, Moorgate-street.-Fiat dated June 20. Thomas v. Brennan SO Trumper v. Hodges (E) Before the Vice-Chancellor WIGRAM. CAUSES, FURTHER DIRECTIONS, AND EXCEPTIONS. Davies v. Herbert Russ v. Morrell (E, F D) Morrison v. Martin Sh Harrison v. Harrison (FD, C) Attridge v. Lewin July 10 Sh Harrison v. Standen Franks v. Rains Sutcliffe v. Banks Packham v. Gregory (F D) Causes transferred by Order of the Lord Chancellor. Faulding v. Newborn (2 cau.) Bostock v. Shaw Handford v. Hanford JOSEPH HARPER, Chancery-lane, Middlesex, commission ELIZABETH FULLER, Harrow, Middlesex, baker, July WILLIAM KENNETT and JOHN HAMMON REYNOLDS, Lamb-st., Spitalfields, Middlesex, wax and tallow chandlers and oilmen, dealers and chapmen, June 29 at half-past 1, and Aug. 7 at 11, Court of Bankruptcy, London: Off. Ass. Graham; Sol. Wheatley, Walbrook.-Fiat dated June 19. EDWARD BEEDEL and CHARLES REFFOLD, Read- CHARLES TOMLINS and WILLIAM LOCK, Henry- Maxwell v. Kibblethwaite (2 JAMES EDWIN HUDSON JOLLIFFE, Durdham-down, East India Co. v. Coopers' Co. Tarte v. Phillips Pinkey v. Remmett Baker v. Bayldon De Visme v. Graham Dyneley v. Dyneley (2 causes) Scott v. Bealey Starkey v. Blake and Tolson v. Dykes (3 causes) Ogle v. Hansard (last transferred cause) Knight v. Knight (E, 2 sets) Nicholson v. Locke (2 causes) Lewis v. Clark Dolland v. Reed Duncombe v. Levy Dell v. Dell Fraser v. Jones Bell v. Alexander Westbury-upon-Trym, Gloucestershire, and Bristol, che- JOHN PARTRIDGE, Cheltenham, Gloucestershire, coal SAMUEL OLIVER, Hyde, Cheshire, provision dealer, July HORATIO RAINS, Newton Wood, Newton, Cheshire, church-street, London, banker, July 15 at 12, Court of boiler maker, innkeeper, dealer and chapman, July 7 and Bankruptcy, London, aud. ac.-John Arkell, Donnington, 28 at 12, District Court of Bankruptcy, Manchester: Off. Stow-in-the-Wold, Gloucestershire, miller, July 17 at 11, DisAss. Pott; Sols. Law, Manchester; Gregory & Co., Bed-trict Court of Bankruptcy, Bristol, aud. ac.-Anth, Nichol, ford-row, London.-Fiat dated June 10. THOMAS WILSON, CHARLES KIRKMAN WILSON, Newcastle-upon-Tyne, ship broker, July 14 at half-past 10, District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac. Jas. S. Gregson, Manchester, grocer, July 17 at 12, District Court of Bankruptcy, Manchester, aud. ac.-J. Massey, Manchester, grocer, July 17 at 1, District Court of Bankruptcy, Manchester, aud. ac.- -Geo. Leather and Chas. W. Wardle, Leeds, Yorkshire, earthenware manufacturers, July 18 at 11, District Court of Bankruptcy, Leeds, aud. ac.-Thos. Sutton the younger, Atherstone, Warwickshire, draper, July 14 at 11, District Court of Bankruptcy, Birmingham, aud. ac.-John Edmund Hall and Hen. Toone, Nottingham, lace manufac turers, July 15 at 12, District Court of Bankruptcy, Birming. ham, aud. ac.-Henry Priddey, Droitwich, Worcestershire, upholsterer, July 15 at 12, District Court of Bankruptcy, Birmingham, aud. ac.-James Giro, Moorgate-st., London, merchant, July 17 at 12, Court of Bankruptcy, London, div. Li-Jas. Denew, Charles-street, Berkeley-sq., Middlesex, auctioneer, July 14 at 12, Court of Bankruptcy, London, div.Fred. Dixon, Long-lane, Bermondsey, Surrey, currier, July 16 at half-past 1, Čourt of Bankruptcy, London, div.-Rich. Geo. Ward and John Perry, Newgate-market, London, and Gilbert-st., Oxford-street, Middlesex, butchers, July 16 at 2, Court of Bankruptcy, London, div. sep. est. John Perry.Thos. Clay, Longroydbridge, Huddersfield, Yorkshire, mer. chant, July 21 at 11, District Court of Bankruptcy, Leeds, div.-Jos. Taylor, Liverpool, merchant, July 15 at 11, District Court of Bankruptcy, Liverpool, div.-William Kelly, Chester, common brewer, July 15 at 12, District Court of Bankruptcy, Liverpool, div.-Jas. C. Kemp, Liverpool, mer chant, July 15 at 12, District Court of Bankruptcy, Liverpool, div. CERTIFICATES. GEORGE LONGFIELD, West Bromwich, Staffordshire, tailor and woollen draper, July 7 and Aug. 7 at half-past 10, District Court of Bankruptcy, Birmingham: Off. Ass. Christie; Sol. Hodgson, Birmingham.-Fiat dated June 19. RICHARD PERRY, Leeds, Yorkshire, hatter, dealer and chapman, July 6 and 27 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Hope; Sols. J. & J. E. Upton, Leeds; Few & Co., Covent-garden, London.-Fiat dated WILLIAM HESKIN OSBORN, Leicester, out of business, and HENRY WEBSTER BLACKBURN, Bradford, Yorkshire, out of business, (carrying on business at Bradford as stock and share brokers, under the style or firm of Osborn & Blackburn), dealers and chapmen, July 6 and 27 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Hope; Sols. Morris, Bradford; Lawrence & Co., Old Fish-street, June 17. London.-Fiat dated June 16. dated June 13. JOHN HOLMES, Sheffield, Yorkshire, cutlery manufacturer, dealer and chapman, July 3 and 31 at 11, District Court of Bankruptcy, Sheffield: Off. Ass. Freeman; Sols. Binney, Sheffield, Yorkshire; Nixon, Clifford's Inn, London.-Fiat JAMES CHARLES SIMPSON, Sheffield, Yorkshire, pawnbroker, dealer and chapman, July 3 and 31 at 11, District Court of Bankruptcy, Sheffield: Off. Ass. Freeman; Sols. Broadbent, Sheffield, Yorkshire; Blackburn, Leeds; Tattershall, Great James-street, Bedford-row, London.-Fiat dated June 10. GEORGE HATTERSLEY, Sheffield, Yorkshire, stove grate and fender manufacturer, July 3 and 31 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Freeman; Sols. Broadbent, Sheffield, Yorkshire; Tattershall, Great Jamesstreet, London.-Fiat dated June 8. MEETINGS. To be allowed, unless Cause be shewn to the contrary on the Thos. J. M. Bartlett, Pall-mall East, Middlesex, bill George Whitfield, Nottingham, lemonade and soda water - Cause be shewn to the contrary on or before July 14. Ann Abigail Innell and Alfred Cookes, Little Queen-street, Holborn, Middlesex, varnish manufacturers.-George Joseph Jackson, Liverpool, share broker. - Cooper Ewbank, Manches ter, share broker.-Alexander Miller, Walbrook, London, merchant. James Freeman, Cheltenham, Gloucestershire, lodging-house keeper. Stephen Askham, Bradford, Yorkshire, commission agent.-William Lockwood, Birstall, Yorkshire, worsted spinner.-Wm. Whitefield, Bridgewater, Somersetshire, grocer. Thomas Howell, Queen's Head-passage, Newgate-street, London, hotel keeper.-John Arkell, Donnington, Stow-in-the-Wold, Gloucestershire, miller. Benjamin Clark, Leeds, Yorkshire, corn factor.-William Humphryes, Haymarket, Middlesex, hotel keeper.-Henry Roe, Liverpool, goldsmith. PARTNERSHIP DISSOLVED. Jos. Harrop, Grasscroft, Saddlesworth, Yorkshire, clothier, July 3 at half-past 11, Court of Bankruptcy, London, pr. d. -Sam. M. Latham, Dover, Kent, banker, June 30 at 1, Court of Bankruptcy, London, last ex.; July 14 at half-past 12, div.-Joseph White, Linton, Herefordshire, corn dealer, July 14 at 10, District Court of Bankruptcy, Birmingham, last ex.-Hen. Marsland, Hazel-grove within Bosden, Cheshire, silk throwster, July 10 at 12, District Court of Bank-bridge, Worcestershire, attornies and solicitors. ruptcy, Manchester, last ex.-Chas. Hen. Waters, Queen'srow, Pimlico, Middlesex, dealer in paintings, July 17 at halfpast 1, Court of Bankruptcy, London, aud. ac.-Wm. Howe, Boxford, Suffolk, bricklayer, July 15 at 12, Court of Bankruptcy, London, aud. ac.-Sir John Ross, Knight, Grace Wm. Hunt, Rowland Price, and John Harward, Stour SCOTCH SEQUESTRATIONS. Wm. Smellie or Smillie, Hazeldean, and near Stonehouse, Lanarkshire, cattle dealer.-Robert Harvey, Hutchinsontown, Glasgow, tavern keeper.-Thomas Porteous, Glasgow, leather merchant.-John Mill, Edinburgh, wine merchant.-Kenneth Sutherland, Helmsdale, fish curer.-James Inglis, Glasgow, iron merchant.-James Wotherspoon, Smithfield-sq., near Airdrie, smith. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from Process. near Howden, Yorkshire, blacksmith, July 1 at 11, Mansionhouse, Hull.-John Hepton, Heckmondwike, Yorkshire, watch maker, July 2 at 11, District Court of Bankruptcy, Leeds.George Wm. Ellis, Pontefract, Yorkshire, chymist, July 1 at 11, District Court of Bankruptcy, Leeds.-Joseph Taylor, Beestonley, Stainland, Halifax, Yorkshire, operative cloth finisher, July 2 at 11, District Court of Bankruptcy, Leeds.Edward Barnsley, Birkenhead, Chester, out of business, June 29 at 11, District Court of Bankruptcy, Liverpool.-Jasper Bowman, Wade-cottage, Bride-st., Liverpool-road, Islington, Middlesex, out of business, June 30 at half-past 12, Court of Bankruptcy, London. Saturday, June 20. The following Assignee has been appointed. Further Par- Middlesex.-Francis Coghlan, Gracechurch-street, London, Salah Smith, Bungay, Suffolk, farmer, June 25 at half-past 11, Court of Bankruptcy, London.-Joseph Pledger, Cambridge, brewer, June 25 at 11, Court of Bankruptcy, London. -Wm. Sparrowhawk, Edenbridge, Kent, cordwainer, June 25 at half-past 11, Court of Bankruptcy, London.-Robert Bateman, Jamaica-street, Commercial-road East, Middlesex, wholesale ladies' shoe manufacturer, June 30 at 2, Court of Bankruptcy, London.-Henry Crake, York-road, Lambeth, Surrey, carver, June 30 at 2, Court of Bankruptcy, London. -Wm. Syrett, Bury St. Edmund's, Suffolk, mail contractor, July 2 at 11, Court of Bankruptcy, London.-Wm. Henry White, Crown-row, Mile-end-road, Middlesex, printer, June 30 at 2, Court of Bankruptcy, London.-John Northwood, Osborn-street, Whitechapel, Middlesex, master mariner, June 30 at 11, Court of Bankruptcy, London.-Fred. Cuthbert William Pike the elder, Spital, Windsor, Berkshire, out Wilbeam, Farm-place, St. John's, Walham-green, Fulham, of business: in the Queen's Prison.-Henry Nicholls, PallMiddlesex, grocer, June 30 at 12, Court of Bankruptcy, Lon- mall, St. James's, Middlesex, out of business: in the Queen's don.-Henry Baisden Thatcher, Canterbury, Kent, constable Prison.-Joseph Hale, Bethnal-green-road, Middlesex, cheesein the police force, June 30 at 2, Court of Bankruptcy, Lon-monger's shopman: in the Debtors Prison for London and don.-Robert Gathercole, Burnham, Essex, licensed hawker, June 30 at half-past 1, Court of Bankruptcy, London.-M. out of business: in the Debtors Prison for London and MidGeary, Church-street, St. Ann, Middlesex, tailor, June 30 at dlesex.-W. Blount, Turnmill-street, Clerkenwell, Middlesex, 1, Court of Bankruptcy, London.-Wm. H. H. Kittoe, Har- milkman: in the Debtors Prison for London and Middlesex.ley-street, Cavendish-square, Middlesex, consulting surgeon, June 30 at 2, Court of Bankruptcy, London.-J. Clowser, the Gaol of Chester.-John Smith, Leeds, Yorkshire, comWm. Martin, Birkenhead, Cheshire, newspaper vender: in St. James's-terrace, St. James's-street, Old Kent-road, Surmission agent: in the Gaol of York.-Thomas Fisher, Otley, rey, licensed retailer of beer, June 30 at half-past 1, Court of Yorkshire, chymist: in the Gaol of York.-Charles Curtis, Bankruptcy, London.-S. Whittet, Windsor-terrace, Cityroad, Middlesex, widow, out of business, June 30 at 1, Court Hulme, Manchester, commercial traveller: in the Gaol of Lancaster.-W. Joseph Wells, Reading, Berkshire, builder's of Bankruptcy, London.-Wm. Cannan, Northampton, boot manufacturer, June 30 at 2, Court of Bankruptcy, London. superintendent: in the Gaol of Reading.-R. Smith, Thornton, near Bradford, Yorkshire, assistant overseer: in the Gaol Wm. Finch, Lower Union-road, Clapham, Surrey, gardener, of York.-John Randall, Bristol, out of business: in the Gaol June 30 at 11, Court of Bankruptcy, London.-Edmund of Bristol.-West Henry Parkes, Aston, near Birmingham, Gooch, High-street, Poplar, Middlesex, tailor, June 30 at 11, out of business: in the Gaol of Warwick.-E. Jones, Ruthin, Court of Bankruptcy, London. Robert William Lewis, Denbighshire, maltster: in the Gaol of Ruthin.-G. Wilson, Brentwood, Essex, attorney at law, July 9 at half-past 11, Cock-brook, Ashton-under-Lyne, Lancashire, out of business: Court of Bankruptcy, London.-Wm. Toomer, Upper Mary in the Gaol of Chester.-M. Cook, North Shields, Northumlebone-street, Middlesex, carpenter, July 9 at half-past 11, berland, master of the steam-boat "Ranger:" in the Gaol of Court of Bankruptcy, London.-Jonathan Thompson, Montague-place, Deptford, Kent, out of business, June 30 at 12, Morpeth.-Geo. Mullins, Walcot, Bath, Somersetshire, jourCourt of Bankruptcy, London.-James Oldfield, Edgeware-neyman mason: in the Gaol of Wilton.-C. Colston, Walcot, road, St. Marylebone, Middlesex, agent, June 30 at 1, Court Bath, Somersetshire, labourer: in the Gaol of Wilton.-Sam. of Bankruptcy, London.-J. Dowling, Queen's-place, Queen-Vallis, Wotton-under-Edge, Gloucestershire, shoe maker: in street, Chelsea, Middlesex, writer and grainer, June 30 at half-past 11, Court of Bankruptcy, London.-Henry Caslake, High-street, Putney, Surrey, grocer, June 30 at half-past 2, Court of Bankruptcy, London.-Wm. Nash, Maldon, Essex, retailer of beer, July 2 at 1, Court of Bankruptcy, London.Wm. Wilkins, Exmouth-street, Euston-square, Middlesex, bricklayer, July 2 at 1, Court of Bankruptcy, London.-Giles East, Albert-place, Marlborough-road, Chelsea, Middlesex, boot maker, July 2 at 1, Court of Bankruptcy, London.-Jos. Mustey, Bristol, farmer, July 2 at half-past 11, District Court of Bankruptcy, Bristol.-Saml. Winstanley, Liverpool, watch cap maker, July 3 at 11, District Court of Bankruptcy, Liverpool.-J. Goodwin, Dudley, Worcestershire, out of business, June 26 at 10, District Court of Bankruptcy, Birmingham.Wm. Broscomb, Paddock, Huddersfield, Yorkshire, plumber, July 2 at 11, District Court of Bankruptcy, Leeds.-William Jenings, Clyst Honiton, Devonshire, butcher, July 6 at 12, District Court of Bankruptcy, Exeter.-Samuel Swindells, Manchester, innkeeper, July 2 at 12, District Court of Bankruptcy, Manchester.-Richard Morris, Leyland, near Preston, Lancashire, labourer, July 1 at 1, District Court of Bankruptcy, Manchester.-Joseph Royston, Leeds, Yorkshire, engineer, July 2 at 11, District Court of Bankruptcy, Leeds.Hugh Jones, Toxteth-park, Liverpool, grocer, July 3 at 11, District Court of Bankruptcy, Liverpool.-William Sudlow, Liverpool, and Holt-hill, Tranmere, Chester, warehouse keeper, Court-house, NORTHAMPTON, (County), July 9 at 10. July 3 at 11, District Court of Bankruptcy, Liverpool.-Sarah W. Blott, Rounds, Thrapstone, Northamptonshire, farmer. Robins, Bath, fringe manufacturer, July 7 at half-past 11, Dis--John Ekins, Rounds, near Thrapstone, Northamptonshire, trict Court of Bankruptcy, Bristol.-W. Markham, Wressle, out of business. the Gaol of Gloucester. The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, July 10, at 9. Henry J. Brand Hedger, Stamford-street, Blackfriars-road, Surrey, omnibus proprietor.-Francis Wyse, Uxbridge-gardens, Bayswater, Middlesex, clerk in the General Registrar's Office.-J. Wakeham Edwards, Green-street, Stepney, Middlesex, surgeon.—Seth Rich. Evans, Maiden-lane, Islington, Middlesex, beer-shop keeper.—Jas. Percival, Wapping-wall, Middlesex, out of business.-Thos. Kay, Regent-street, Cityroad, Middlesex, auctioneer. J. Court-house, BEDFORD, (County), July 6, at 10. Court-house, DOVER, Kent, July 3, at 10. Court-house, MAIDSTONE, Kent, July 7 at 10. Stephen Charlton, Strood, Kent, assistant to a retail dealer in corn.-Fred. H. Smith, St. Dunstan's, Canterbury, engine cleaner. James Bond, Knockholt, Kent, dealer in wood.Josiah Roberts, Tonbridge, Kent, night porter in the service of the South-eastern Railway Company. |