maker, Aug. 18 at 10, District Court of Bankruptcy, Birmingham, aud. ac.-Phitip Crispin, Bristol, carpenter, Aug. 20 at 11, District Court of Bankruptcy, Bristol, aud. ac.-Richard Marsden, Brynmawr, Brecknockshire, linendraper, Aug. 24 at 11, District Court of Bankruptcy, Bristol, aud. ac.; Aug. 25 at 11, div.-John Harrison, Liverpool, merchant, Aug. 18 at 11, District Court of Bankruptcy, Liverpool, aud. ac.; Aug. 21 at 11, div.-William Burchall Pattinson, Liverpool, currier, Aug. 25 at 12, District Court of Bankruptcy, Liverpool, aud. ac.; Aug. 27 at 12, div.-John Clarke, Richard Mitchell, Joseph Phillips, and Thomas Smith, Leicester, bankers, Aug. 24 at 11, Castle of Leicester, Leicester, div. Richard Foulkes, Soughton, Northop, Flintshire, cattle salesman, Aug. 25 at 11, District Court of Bankruptcy, Liverpool, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or amptonshire, cabinet maker, Aug. 1 at 2, Court of Bankruptcy, before the Day of Meeting. Nehemiah John Reed, Marlborough, Wiltshire, licensed common brewer, Aug. 24 at 12, District Court of Bankruptcy, Bristol. To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before Aug. 18. William Dale, Liverpool, bricklayer.-Samuel Whatley, William-street, Lisson-grove, Middlesex, grocer.—Christopher Clarke, Goswell-road, and Cranbourn-street, Middlesex, draper.-James Rowley, Newton, Manchester, silk manufacturer.-Samuel Metcalfe Latham, Dover, Kent, banker. Thomas Dunlop Brown, Liverpool, commission merchant.Charles Joseph Edmonds, Bluntisham, near St. Ives, Huntingdonshire, apothecary.—Benjamin Moxon Ryder, Kingstonupon-Hull, grocer. Bankruptcy, Liverpool.—Patrick Boyle, Liverpool, provision dealer, Aug. 4 at 11, District Court of Bankruptcy, Liver| pool.-J. Sharples Hallows, Liverpool, lodging-house keeper, Aug. 4 at half-past 11, District Court of Bankruptcy, Liverpool.-Wm. Brett, Liverpool, dealer in coals, Aug. 6 at 11, District Court of Bankruptcy, Liverpool.-Thomas For, St. George, Gloucestershire, general shopkeeper, Aug. 18 at 11, District Court of Bankruptcy, Bristol.-Wm. Withers the younger, St. George, Gloucestershire, licensed horse-dealer, Aug. 17 at 12, District Court of Bankruptcy, Bristol.-Wm. Clark, Frome Selwood, Somersetshire, plumber, Aug. 17 at 11, District Court of Bankruptcy, Bristol.-John Carr, Cheltenham, Gloucestershire, coach smith, Aug. 6 at half-past 1, District Court of Bankruptcy, Bristol.-George Matthews, High-street, Deptford, Kent, tailor, July 30 at half-past 2, Court of Bankruptcy, London.-John Binsted, Alton, SouthLondon.-Wm. Ward, Wentworth-street, Whitechapel, Middlesex, circular sawyer, July 30 at half-past 2, Court of Bankruptcy, London.-Donald M'Pherson, St. Nicholas, Ipswich, Suffolk, auctioneer, July 30 at 3, Court of Bankruptcy, London.-W. Wardell, St. Giles, Oxfordshire, chair maker, July 30 at half-past 2, Court of Bankruptcy, London.-T. Bray, Fetter-lane, Middlesex, out of business, July 30 at half-past 2, Bermondsey, Surrey, out of business, July 30 at 3, Court of Court of Bankruptcy, London.-Henry Maynard, Long-lane, Huddersfield, Yorkshire, cloth dresser, Aug. 7 at 11, District Bankruptcy, London.-James Beaumont, Mould-green, near Conrt of Bankruptcy, Leeds.-Jeremiah Yuting, St. Mary, Beverley, Yorkshire, sexton, Aug. at 11, Mansion-house, Hull.-Wm. Watkins, Monmouth, plasterer, Aug. 13 at 11, Yorkshire, stone delver, Aug. 4 at 11, District Court of BankDistrict Court of Bankruptcy, Bristol.-W. Parker, Halifax, ruptcy, Leeds.-T. Croudson, Bowling-hall-lane, near Bradford, Yorkshire, small shopkeeper, Aug. 4 at 11, District Court of Bankruptcy, Leeds.-Daniel Watson, Horsforth, Guiseley, Yorkshire, stone mason, Aug. 4 at 11, District Court of Bankruptcy, Leeds.-Charles Smith, Derby, joiner, Aug. 11 at 11, District Court of Bankruptcy, Birmingham.-John Hackney, Liverpool, whitesmith, Aug. 7 at 11, District Court of Bankruptcy, Liverpool.-T. Henrick, Birkenhead, Chester, out of business, Aug. 6 at 11, District Court of Bankruptcy, Liverpool.-J. Beaumont, Helm-in-Meltham, Almondbury, Yorkshire, cloth finisher, Aug. 4 at 11, District Court of Bankruptcy, Leeds.-G. Frobisher, Leeds, Yorkshire, out of busi ness, Aug. 4 at 11, District Court of Bankruptcy, Leeds.-H. Wilson, Sheffield, Yorkshire, confectioner, Aug. 7 at 11, Town hall, Sheffield.-Thos. Wardle, Everton, Liverpool, attorney at law, Aug. 6 at 11, District Court of Bankruptcy, Liverpool.-Chas. Saville, Sheffield, Yorkshire, warehouseman, July 31 at 11, Town-hall, Sheffield.-Daniel Greares, Sheffield, Yorkshire, woollen cloth merchant, July 31 at 11, Town-hall, Sheffield. Saturday, July 25. William Holmes, Clerkenwell-green, Middlesex, butcher, Aug. 13 at half-past 11, Court of Bankruptcy, London.-John Porter, Sun-street, Bishopsgate-street, London, shoe mercer, Aug. 13 at 11, Court of Bankruptcy, London.-George Badden, Blandford Forum, Dorsetshire, boot maker, Aug. 13 at half-past 11, Court of Bankruptcy, London.—John Edward Stammers, Broadway, Stratford, Essex, omnibus conductor, Aug. 13 at 11, Court of Bankruptcy, London.-Henry Davies, Elizabeth-place, Commercial-road, Old Kent-road, Surrey, out of business, Aug. 13 at 12, Court of Bankruptcy, London. -Peter Houghton, Stockwell, Surrey, sub railway contractor, Aug. 13 at 12, Court of Bankruptcy, London.-D. Elliott, Victoria-place, Old Kent-road, Surrey, merchant's clerk, Aug. 13 at 12, Court of Bankruptcy, London.-Wm. Watts, St. George-street, St. George-in-the-East, Middlesex, baker, Aug. 13 at half-past 11, Court of Bankruptcy, London.-R. Bailey Borer, Whitecross-street, St. Luke, Old-street, Middlesex, grocer, Aug. 13 at half-past 11, Court of Bankruptcy, London.-Thomas Cook, Howland-street, Fitzroy-square, Middlesex, watch maker, Aug. 13 at 12, Court of Bankruptcy, London.-Jacob Hurren, Prospect-place, Queen's-road, Dalston, Middlesex, grocer, Aug. 13 at 11, Court of Bankruptcy, London.-George Ainsworth, Chatham, Kent, bread baker, Aug. 13 at 12, Court of Bankruptcy, London.-Jane Kelly, Deptford, Kent, widow, potatoe dealer, Aug. 13 at 11, Court of Bankruptcy, London.-James Marshall, Horton, near Bradford, Yorkshire, grocer, Aug. 7 at 11, District Court of Bankruptcy, Leeds.-Samuel Moss, Bradford-moor, near Bradford, Yorkshire, labourer, Aug. 7 at 11, District Court of Bank-siness, No. 67,514 C.; Edw. Garside, assignee.-John Price, ruptcy, Leeds.-John Pell, Horton, near Bradford, Yorkshire, Holyhead, Anglesea, North Wales, master of the smack Jane small shopkeeper, Aug. 7 at 11, Commercial-buildings, Leeds. Brown, No. 67,511 C.; John Walker, assignee.—John Ock-Ephraim Harris, Bristol, out of business, Aug. 6 at 11, den, Manchester, fent dealer, No. 67,520 C.; Samuel Hamer, District Court of Bankruptcy, Bristol.-C. Booth, Broughton, assignee.-Geo. Rushton, Whitworth, near Rochdale, LanManchester, butcher, Aug. 7 at 12, District Court of Bank-cashire, butcher, No. 67,394 C.; Jas. S. Milne, assignee.— ruptcy, Manchester.-John Pepper, Liverpool, pilot, Aug. 4 Hen. Heaton, Horncastle, Lincolnshire, out of business, No. at 11, District Court of Bankruptcy, Liverpool.-J. Board- 67,544 C.; Richard Hindley Scott and Timothy Collinson, man, Liverpool, flour dealer, Aug. 4 at 11, District Court of assignees. The following Assignees have been appointed. Further Par Saturday, July 25. Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons: (On their own Petitions). Alfred Ceal, Tiverton-cottages, Kingsland-road, Middlesex, out of employment: in the Queen's Prison.-Chas. Alex. L'Elre, Haymarket, Middlesex, in no business: in the Queen's Prison.-Edw. Tadd, Charlton-terrace, New Charlton, Kent, baker; in the Queen's Prison.-Hen. Hewgill, Esq., Portseaplace, Connaught-sq., Middlesex in the Queen's Prison.James Hanne, Upper Fitzroy-place, New-road, St. Pancras, Middlesex, ginger beer manufacturer: in the Debtors Prison for London and Middlesex.-Geo. Wrecks, Reynold's-court, Moor-lane, Cripplegate, London, stone mason: in the Debtors Prison for London and Middlesex.-Hubert Henry Lucas, Grove-house, Walham-green, near Fulham, Middlesex, barrister at law in the Debtors Prison for London and Middlesex. -Wm. Banks, Kirby Moorside, Yorkshire, chair maker: in the Gaol of York.-Edw. S. Keir, Clifton, near Brighouse, near Halifax, Yorkshire, out of business: in the Gaol of York. -Chas. John Armistead, Springfield-mount, Leeds, Yorkshire, share dealer: in the Gaol of York.-Jas. Baker, King's Weston, Henbury, Gloucestershire, blacksmith: in the Gaol of Gloucester. INSOLVENT DEBTOR'S DIVIDEND. Jas. Lillicrap, captain royal navy, Geare & Co.'s, Exeter : 38. 3d. in the pound, (in addition to former dividends of 58. 10d.) MEETING. Wm. Hore, Esq., Saltash, Cornwall, Aug. 13 at 12, Globe Hotel, Plymouth, sp. aff. FRIDAY, JULY 31. ISAAC BIRD, Harrow-on-the-Hill, Middlesex, grocer and ATKINSON WILKIN, Camberwell, Surrey, (carrying on JOHN HEATON, Park, near Honley, Almondbury, York- MEETINGS. Jacob Montefiore and J. Barrow Montefiore, George-street, Mansion-house, London, merchants, Aug. 11 at 1, Court of Newton, Cheshire, Aug. 12 at 12, District Court of BankBankruptcy, London, ch. ass.-Horatio Rains, Newton-wood, ruptcy, Manchester, last ex.-Mary Armistead, Crawford-st., JONATHAN WRAGG, Melina-place, Westminster-bridge- Bankruptcy, London. aud. ac.-Alexander Thorn, High HolMary-le-bone, Middlesex, milliner, Aug. 22 at 11, Court of road, Surrey, iron merchant, Aug. 11 at 12, and Sept. 9 at born, Middlesex, oilman, Aug. 22 at 11, Court of Bankruptcy, 1, Court of Bankruptcy, London: Off. Ass. Belcher; London, aud. ac.-James Laws, Broad-st., Golden-sq., MidSols. Hunt, Wednesbury, Staffordshire; Miller, Sussex-dlesex, grocer, Aug. 25 at 12, Court of Bankruptcy, London, chambers, 10, Duke-st., St. James's.-Fiat dated July 21. JOHN PALMER, Worthing, Sussex, painter, plumber, and glazier, dealer and chapman, Aug. 8 at 12, and Sept. 8 at 2, Court of Bankruptcy, London: Off. Ass. Follett; Sols. Reed, Worthing; Palmer & Co., Bedford-row.-Fiat dated July 28. WILLIAM ELLIOTT, Petworth, Sussex, corn merchant, Aug. 8 at 1, and Sept. 10 at 11, Court of Bankruptcy, London: Off. Ass. Follett; Sols. Daintry, Petworth; Hill & Heald, 23, Throgmorton-street.-Fiat dated July 28. BENJAMIN CLARK, Kingston-upon-Thames, Surrey, export ale and porter merchant, dealer and chapman, Aug. 8 at 1, and Sept. 19 at 12, Court of Bankruptcy, London: Off. Ass. Green; Sols. Lawrance & Plews, 14, Old Jewry chambers.-Fiat dated July 30. EDMUND BURKE KILPIN, Ryde, Isle of Wight, Southampton, jeweller, watchmaker, and silversmith, Aug. 10 at 2, and Sept. 7 at 11, Court of Bankruptcy, London: Off. Ass. Graham; Sol. Watson, Basinghall-st., London. -Fiat dated July 21. 25 at 11, District Court of Bankruptcy, Liverpool, aud. ac.; aud. ac.-Thos. Fidgen, Liverpool, boot manufacturer, Aug. Aug. 27 at 11, div.-William Jarman, Wigton, Cumberland, chemist, Aug. 25 at 11, District Court of Bankruptcy, Newcastle-upon-Tyne, aud. ac.-Jas. Reid, Newcastle-upon-Tyne, ship broker, Aug. 25 at 11, District Court of Bankruptcy, shire, surgeon dentist, Aug. 21 at 11, District Court of BankNewcastle-upon-Tyne, aud. ac.-T. Rogers, Bradford, Yorkruptcy, Leeds, aud. ac.-John Parton, Birmingham, draper, Aug. 29 at 12, District Court of Bankruptcy, Birmingham, aud. ac.-Rich. Gatehouse, Rich. Darch, and Gastrill Wilkins, Upper Lisson-street, Middlesex, timber merchants, Aug. Parr, South Wharf-road, Paddington, Middlesex, coal dealer, 21 at half-past 11, Court of Bankruptcy, London, div.-John Morris and Wm. Woodward, Burslem, Staffordshire, drapers, Aug. 25 at 11, Court of Bankruptcy, London, div.-Thomas Aug. 29 at 12, District Court of Bankruptcy, Birmingham, aud. ac. and fin. div. CERTIFICATES. Day of Meeting. JOSEPH CARNE the younger, Falmouth, Cornwall, grocer, To be allowed, unless Cause be shewn to the contrary on the Aug. 12 and Sept. 9 at 11, District Court of Bankruptcy, Exeter: Off. Ass. Hernaman; Sols. Bull & Tully, Falmouth, Cornwall; Avery & Son, Exeter; Jones & Co., St. Swithin's-lane, London.-Fiat dated July 21. DANIEL WHITE, Bristol, potter and pipemaker, (lately carrying on business as a potter and pipemaker, in partnership with Thomas Winfield, Bristol, under the style or firm of Daniel White & Company), Aug. 11 at 12, and Sept. 7 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Hutton; Sol. King, Bristol.-Fiat dated July 24. Jos. Davis, Pall-mall, Middlesex, and Ludgate-st., London, dentist, Aug. 22 at 1, Court of Bankruptcy, London.-Mary Armistead, Crawford-st., Mary-le-bone, Middlesex, milliner, Aug. 22 at 11, Court of Bankruptcy, London.-Wm. Aburrow, Liverpool, druggist, Aug. 22 at 11, Court of Bankruptcy, London.-Richard Perry, Leeds, Yorkshire, hatter, Aug. 24 at 11, District Court of Bankruptcy, Leeds.-Thos. Jackson, Salterhebble, Halifax, Yorkshire, worsted spinner, Aug. 24 at 11, District Court of Bankruptcy, Leeds.-Sam. B. Sowden, Leeds, Yorkshire, share broker, Aug. 25 at 11, Middlesex, fancy paper stainer: in the Debtors Prison for Lon. ATTORNIES of LONDON. You are earnestly requested To be allowed by the Court of Review in Bankruptcy, unless Cause be shewn to the contrary on or before Aug. 21. to attend a PUBLIC MEETING of your Brother Professionals Henry L. Fitzjames, Walcot, Bath, Somersetshire, furrier. on Tuesday Evening next, at 7 o'clock precisely, at the Gray's Inn -Wm. Darnbrough, Richmond, Surrey, tailor.-Rob. Nel-Coffee-house, to consider whether it is not yet practicable to obtain inson, Great Portland-st., Middlesex, hotel keeper.-Geo. Edw. sertion in the proposed "Small Debts Act" of an unrestricted optional Clause that our Clients may sue in the Superior Courts, if they choose. Schultz and Hen. W. Carr, Liverpool, stock brokers.—Alex. To attempt more would be useless; to succeed in this is to secure some Beattie and Francis M'Naghten, Nicholas-lane, Lombard- Hundreds of Pounds per Annum to many of us for Life. Think of this, st., London, merchants.-Peter Rhodes, Manchester, cotton and attend our last Struggle. Nothing to pay. E. CLARKE, Hon. Sec. pro. tem. spinner. FIAT ANNULLED, Charles Murray Williams, Bristol, ironmonger. SCOTCH SEQUESTRATIONS. THE SPENCE ON THE EQUITABLE JURISDICTION OF THE COURT OF CHANCERY. This day is published, in royal 8vo., vol. 1, price 17. 11. 6d. boards, EQUITABLE JURISDICTION of the COURT Henry Hutchison, Edinburgh, wine merchant.-J. Cairns, of CHANCERY; comprising its Rise, Progress, and final Esta Glasgow, stock broker.-Wm. Cobban, Tain, baker.-David|blishment; to which is prefixed, with a view to the Elucidation of the main Subject, a Concise Account of the Leading Doctrines of the ComMickel, Spoutmouth, Glasgow, skinner.-Thomas Gibson & mon Law, and of the Course of Procedure in the Courts of Common Law Co., Falkirk, tanners. in regard to Civil Rights, with an attempt to trace them to their sources; and in which the various Alterations made by the Legislature down to the present day are noticed. By GEORGE SPENCE, Esq., one of her Majesty's Counsel. Stevens & Norton, 26 and 39, Bell-yard, Lincoln's Inn. INSOLVENT DEBTORS John Barker, Brighton, Sussex, baker, Aug. 12 at 11, Court of Bankruptcy, London. -Jos. Gatrell, Fordingbridge, Southampton, chemist, Aug. 6 at 1, Court of Bankruptcy, London.-Jas. Wallace, Chapel-st., Edgeware-road, Maryle-bone, Middlesex, hatter, Aug. 12 at 11, Court of Bankruptcy, London.-Germain Marmaysse, Lisle-st., Leicestersquare, Middlesex, lithographic printer, Aug. 12 at 11, Court of Bankruptcy, London.-Wm. James Jenney, Caston, near Watton, Norfolk, tailor, Aug. 12 at 11, Court of Bankruptcy, London.-Sarah East, Fulham-road, Middlesex, china dealer, Aug. 12 at 11, Court of Bankruptcy, London.-Joseph Lees, Leman-st., Goodman's-fields, Middlesex, merchant, Aug. 1 at 11, Court of Bankruptcy, London.—Thos. Davis, Gloucester, butcher, Aug. 24 at 11, District Court of Bankruptcy, Bristol. -Dav. Jones, Dowlais, Merthyr Tydfil, Glamorganshire, publican, Aug. 25 at 11, District Court of Bankruptcy, Bristol.Jeremiah Tuting, St. Mary's, Beverley, Yorkshire, sexton, Aug. 5 at 11, Mansion-house, Hull.-T. Middleton, Barnsley, Silkstone, Yorkshire, tinner, Aug. 14 at 11, District Court of Bankruptcy, Leeds.-T. Clowes the younger, Beverley, Yorkshire, manager of a saddlery business, Aug. 12 at 11, Mansionhouse, Hull.-Charles Broomhead, Sheffield, Yorkshire, brewer's labourer, Aug. 7 at 11, Town-hall, Sheffield.-Joseph Sayner, West Haddlesey, near Selby, Yorkshire, general shopkeeper, Aug. 14 at 11, District Court of Bankruptcy, Leeds. John Hague, Sheffield, Yorkshire, pocket-blade forger, Aug. 7 at 11, Town-hall, Sheffield.-John Hides, Sheffield, Yorkshire, scale presser, Aug. 7 at 11, Town-hall, Sheffield.-John Robinson, Radford, Nottinghamshire, lace maker, Aug. 7 at 11, Town-hall, Sheffield.-James Schofield, Oldham, Lancashire, mechanic, Aug. 13 at 12, District Court of Bank. ruptcy, Manchester.-Wm. Grieves, South Shields, Durham, grocer, Aug. 25 at 11, District Court of Bankruptcy, Newcastle-upon-Tyne. Wednesday, July 29. Orders have been made, vesting in the Provisional Assignee John Hetherington Smith, Westbourne-park-road, Paddington, Middlesex, attorney at law: in the Queen's Prison.Robert Hutton, Laurel-cottage, Highgate, Middlesex, merchant: in the Queen's Prison.-Henry Hancock, Russellplace, Old Kent-road, Surrey, out of business: in the Debtors Prison for London and Middlesex.-Thomas Adams, Half Moon-street, Bishopsgate-street, London, and Cambridge, coffee-house keeper: in the Debtors Prison for London and Middlesex.-George Richard House, Fort-street, Spital-sq., THE LAW REVIEW for AUGUST, No. 8, price 58., 1. Proxies in Parliament. 3. Law of Estates, cap. 2. CONTAINS 6. A new Generation of Lawyers. 8. Spence's Equitable Jurisdiction. 9. Conveyancing Burdens on Lands, with the Evidence before the Owen Richards, Law Bookseller and Publisher, 194, Fleet-street. EXAMINATION QUESTIONS in TRINITY TERM DEEDS for EXECUTION ABROAD.-Messrs. J. & R. M'CRACKEN, Foreign Agents, 7, Old Jewry, beg to inform the Parties Abroad, through their Correspondents on the Continent, for the List of Correspondents, and for further information, apply as above. Messrs. J. & R. M‘CRACKEN are also Agents to the ROYAL ACADEMY, and devote their attention to the Receipt of Works of Art, Bag gage, &c. sent home by Travellers on the Continent for passing through the Custom-house. They also undertake to ship Goods to all Parts of the World. METCALFE & CO.'S NEW PATTERN TOOTH BRUSH, and SMYRNA SPONGES.-The Tooth-brush has the Teeth, and cleaning them in the most effectual and extraordinary manimportant advantages of searching thoroughly into the divisions of the ner, and is famous for the hairs not coming loose, 1s. An improved Clothes' Brush, that cleans in a third part of the usual time, and incapable of injuring the finest nap. Penetrating Hair Brushes, with the durable unbleached Russian bristles, which do not soften like common hair. Flesh Brushes of improved graduated and powerful friction. Velvet Brushes, which act in the most surprising and successful manner. ties of absorption, vitality, and durability, by means of direct importa The genuine SMYRNA SPONGE, with its preserved valuable proper tions, dispensing with all intermediate parties' profits and destructive bleaching, and securing the luxury of a genuine Smyrna Sponge. ONLY at METCALFE & CO.'s, 130 B, Oxford-street, one door from Holles street. Caution.-Beware of the words "from Metcalfe & Co.'s," adopted by some houses. Printed by WALTER M‘DOWALL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row afore said; and Published at No. 3, CHANCERY LANE in the Parish of St. BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Dunstan in the West, in the City of London, by HENRY SWEET, LAW Row, in the County of Middlesex. Saturday, August 1, 1546, No. 500-VOL. X. AUGUST 8, 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: House of Lords {A Temple, Barrister at the Inner Vice-Chancellor Wigram's [F. RI, BR, Eat LawLincoln's Privy Council Law. Inner Temple, Barrister at Law. Court Inn, Barrister Temple, Barrister at Law. Inn, Barrister at Law. (W. PATERSON, Esq. of Gray's Ecclesiastical and Admi- f J. P. DEANE, D.C.L. of Doctors' Court of Review ........ ...... { Commons. W. W. COOPER, Esq. of the Inner as no evidence. And, lastly, there was a confession by the defendant to another witness. Now, we need not remind our readers, that, in the adIn the last Number of THE JURIST will be found re- ministration of our criminal law, confessions are, under ported a decision in the Consistory Court, which, from certain circumstances, admissible in evidence, and are of the high reputation of the judge who pronounced it, we themselves, if sufficient in point of statement, concluhave no doubt is in accordance with the practice of the sive; that is, if an accused person has made a confession ecclesiastical court. But, if it is, it shews that the under such circumstances as render it admissible, and practice of that court, in respect to the evidence on such confession is sufficiently proved, and goes with suf. which it will act, is of a very singular character. The ficient clearness to the question of guilt, the accused case to which we allude is Noverre v. Noverre, (ante, p. may be convicted on the confession alone. "A pri622), and the question in it was, whether Mrs. No- soner's confession is sufficient ground to warrant a converre, the defendant, had been guilty of adultery. The viction, although there is no other proof of his having evidence consisted of the depositions of servants and committed the offence with which he is charged; and others, no part of which went further than to shew that it appears, from several circumstances, that his conthere had been opportunities for the defendant and the fession may, in some instances, even supply the absence alleged adulterer to have committed adultery, if they of all proof as to the fact of the commission of the ofchose; and that, to use the very language of the judg-fence charged." (Phillips on Evidence, 8th ed., p. 423). ment itself," their intercourse was more intimate than could be thought consistent with the relative duties of either of them." There was no evidence, by witnesses, of actual adultery,-no evidence of acts from which adultery could be safely inferred; for, to return again to the judgment, "there was the evidence of three servants, who deposed, indeed, to very few facts, but they proved that there was abundance of opportunity for the commission of adultery, if the inclination existed on both sides." And this was all. Standing alone, it is obvious that such evidence was utterly worthless. It proved nothing but that the behaviour of the parties had been unseemly, and that they had the opportunity of going further if they thought fit. But then there were certain confessions of the defendant: firstly, there was a confession to the father of the alleged particeps criminis. Next there was a letter written by the defendant to the same person, in answer to a letter which was not produced, and this letter the court most properly treated VOL. X. DD But, by the canon law, (canon 105), it is otherwise : a separation causâ adulterii cannot be pronounced upon confessions alone, but there must be other evidence. The question, therefore, is, what sort of evidence. To say that evidence which would of itself raise a strong presumption of the commission of adultery,-evidence of conduct which could scarcely be believed to exist except as between persons who had committed adultery,-evidence on which the person hearing it, would feel that approach to conviction, which falls short of actual conviction by only a slight degree;-to say that such evidence, taken in conjunction with confessions, will support them, and constitute legal proof, is intelligible; but to say, that, if confessions are of themselves insufficient, they shall be rendered sufficient by the aid of evidence which of itself proves literally nothing, is most unintelligible. If the rule means anything, it must mean that confessions shall not be received and acted upon without some collateral proof shewing a great probability that derstand the judgment of Lord Lyndhurst, on this OBSERVATIONS ON THE RECENT CASE OF The decision of the Lord Chancellor, reported in our last number, (Dietrichsen v. Cabburn, ante, 601), has again unsettled, though we trust it will ultimately lead to settling, and in the right direction, the long debated question, whether, where a contract is partly of an active and partly of a negative nature, and the active part of the contract cannot be enforced, equity will restrain by injunction a breach of the negative part. In Dietrichsen v. Cabburn all the authorities were cited, except, singularly enough, the only one since Kemble v. Kean (6 Sim. 333) and Kimberley v. Jennings, (6 Sim. 338), in which the doctrine of those cases has been practically departed from,-we mean the case of Rolfe v. Rolfe, (9 Jur. 61), on which we commented in the pages of this journal, (9 Jur. 70). It is singular, also, that, in Dietrichsen v. Cabburn, Hills v. Croll, (9 Jur. 645), although cited, was very little, as we are informed, commented upon at the bar, and was left entirely unnoticed in the Lord Chancellor's judgment. In Hills v. Croll, the circumstances of the case, so far as regarded this point, and stripped of the complication with which other ingredients of the contract surrounded the discussion, were, that the plaintiff Hills agreed to supply Croll with certain acids, and Croll agreed to purchase the acids from Hills and from no other person. Now, let us compare this state of things with that in Dietrichsen v. Cabburn. In the latter case, the plaintiff agreed to act as the defendant's agent for a certain number of years, for the sale of a particular medicine, and on specified terms as to remuneration. The defendant agreed to employ the plaintiff and not to employ any other person. It is submitted, therefore, that the agreement was in both cases of the same character; a positive agreement by one party to do something, and a negative agreement by the other party to abstain from doing something. In both cases, the bill prayed specific performance; in Hills v. Croll in terms, and in Dietrichsen v. Cabburn in effect, though not in terms. The two cases seem, therefore, to have had precisely the same ingredients. They came before the court, however, in different ways; and it will be proper to examine whether that circumstance can have had any influence in producing the opposite decisions that we find in these two cases. In Hills v. Croll, the case came before the court upon a motion for an injunction, and it was refused, as we un It is manifest, therefore, that Lord Lyndhurst considered the granting of an injunction as dependent upon the power of the court to specifically perform the entire agreement; and that, if the case had come before him on demurrer, he must, according to the grounds on which he placed his refusal of an injunction, have allowed a general demurrer; his argument being, not that the plaintiff shewed no equity for an injunction, whatever might be his equity to have the agreement performed, but that, because, on the face of the bill, there was no equity for specific performance of the entire agreement, therefore there was no equity for an injunction. The ground of the difference between the decision of Lord Cottenham in Dietrichsen v. Cabburn, and that of Lord Lyndhurst in Hills v. Croll, is not, therefore, to be found, in the one case, coming on by way of motion for an injunction, and the other by way of demurrer; and we see, on the whole, no way of |