« AnteriorContinuar »
Recently published, in 12mo., price 10s. 6d. cloth,
JARMAN ON WILLS. A MANUAL of the LAW of MARITIME WARFARE; Just published, in 2 vols. royal 8vo., price 31. 38. cloth boards,
embodying the Decisions of Lord Stowell, and other English A TREATISE on WILLS. By THOMAS JARMAN, Judges, of
By E. , nent Jurists. With an Appendix of the Official Documents and Cor- M. A., and S. VINCENT, B. A., of Lincoln's-inn and the Inner respondence in relation to the present War. By WILLIAM HAZLITT Temple, Barristers at Law. and HENRY PHILIP ROCHE, Esqrs., Barristers at Law.
H. Sweet, 3, Chancery-lane, Fleet-street.
Recently published, in 1 vol. 12mo., price 148. cloth,
its its In.royal 8vo., price 6s. boards,
and their Duties. With Illustrations of the Practical Working of A
SELECTION of LEADING CASES on PLEADING, this Institution in all Secular Affairs. By TOULMIN SMITH, of
and PARTIES to ACTIONS; with Practical Notes, elucidating Lincoln's inn, Esq., Barrister at Law. the Principles of Pleading, (as exemplised in Cases of most frequent oc- “ Parishes were instituted for the ease and benefit of the people." currence in Practice), by a reference to the earliest Authorities; and Chief Justice Holt. designed to assist both the Practitioner and Student. By W. FINLA. “Cum haud pauca quæ omnino fieri necesse sit, alii autem ob innaSON, Esq., of the Middle Temple, Special Pleader.
tam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De Stevens & Norton, 20, Bell-yard, Lincoln's-inn.
Augmentis Scientiarum, lib. 7, cap. 1.
H. Sweet, 3, Chancery-lane, Fleet-street.
NEW SEWERAGE DISTRICTS.
Recently published, in 12mo., price 2s. sewed, GULATION of CHARITABLE TRUSTS. With copious Notes, and an Introductory Essay on the Jurisdiction exercised over them by PRACTICAL DIRECTIONS for the FORMATION of the Court of Chancery; with all the decided
Cases, and an Appendix, Boards, in the Neighbourhood of the Metropolis, under the Statute
SEWERAGE DISTRICTS, and for the Conduct of Sewerage containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., Barrister at Law. In 12mo., price 6s. cloth,
17 & 18 Vict. c. 111; with the necessary Forms, and an Abstract of all Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
the Metropolitan Sewers Acts. By TOULMIN SMITH, Esq., Bar
rister at Law; Author of "The Parish: its Obligations and Powers," &c. FINLASON'S COMMON-LAW ACTS.
H. Sweet, 3, Chancery-lane, Fleet-street.
CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER LEASE. THE COMMON-LAW PROCEDURE ACTS of 1852
In 1 vol. royal 8vo., price 11. Ils. 6d, cloth, and desired with one in containing and thiben. Casertheith experiencia A PRACTICAL TREATISE on the LAW O CON. containing the Common-law Procedure Act of Will. 4, the recent Acts
Actions thereon. By JOSEPH CHITTY, Jun., Esq. The Fifth Edion Evidence, the New Rules to Michaelmas Vacation, 1854, and an
tion. By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at Introduction. By W. F. FINLASON, Esq., Barrister at Law.
Law, and Professor of English Law in University College, London, "This is, in our judgment, a most excellent and carefully written
H. Sweet, 3, Chancery-lane, Fleet-street. book. The equity powers given to the Common-law Courts are admirably done. The views taken by Mr. Finlason of the practical POLLOCK'S PRACTICE OF THE COUNTY COURTS. bearing and operation of these acts are remarkably shrewd and sug
In 1 vol. royal 12mo., price 18s. cloth boards, gestive. Such men, and their editions of statutes, tend very greatly to improve the laws they expound, and powerfully assist the objects of the THE PRACTICE of the COUNTY COURTS; in Eight
Parts:-1. Proceedings in Plaints.-2. Jurisdiction under Friendly
and Industrial and Provident Societies Acts.-3. Jurisdiction under * We have now before us the work of Mr. Finlason, whose previous Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent labours in expounding other statutes entitle him to the favourable
Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against consideration of the Profession. The notes to the various new enact
Judgment Debtors.-7. Arrest of Absconding Debtors.--S. Administraments are very full and valuable."-Legal Observer, Jan. 6, 1855.
tion of Charitable Trusts. With the Decisions of the Superior Courts, " This work is well done."-Law Times, Jan. 6, 1855.
and Table of Fees. Also an Appendix, containing all the Statutes, 3 Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
List of the Court Towns, Districts, and Parishes, and the Rules of BISSET ON ESTATES FOR LIFE.
Practice and Forms. By CHARLES EDWARD POLLOCK, Esq. of In Svo., price 13s, boards,
the Inner Temple, Barrister at Law. The Second Edirion, much PRACTICAL TREATISE on the LAW of LIFE ES.
H. Sweet, 3, Chancery-lane, Fleet-street.
THE LAW OF ELECTIONS. the subject of Waste and Merger. By ANDREW BISSET, Esq., of Recently published, in 1 vol. royal 12mo., price 108. 64. cloth bds., Lincoln's Inn, Barrister at Law. "Mr. Bisset has earned a sound, if not an extensive, reputation by his A PRACTICAL TREATISE on the LAW OF ELECTIONS
of the United Kingdom, and " The CORRUPT PRACTICES very learned work on Estates for Life, published in 1842."-Jurist,
PREVENTION ACT, 1854, No. 532, March 20, 1847.
with an Appendix of Statutes
. By JOHN CLERK, Esq., of the Inner Temple, Barrister at Law. Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
Also, by the same Author, price 12s. cloth,
The LAW and PRACTICE' of ELECTION COMTHE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), MITTEES. containing all the recent Decisions
of Election Committesi for granting to her Majesty Duties on Succession to Property, and for altering certain Provisions of the Acts charging Duties on Legacies
H. Sweet, 3, Chancery-lane, Fleet-street. and Shares of Personal Estates. With an Introduction and Notes. By HENRY THRING, Esq., Barrister at Law. In 12mo., price 58. 6d.
OLIPHANT ON THE LAW OF HORSES, GAMING, &c. cloth.
Recently published, in 1 vol. 12mo., the Second Edition, price 128. cloth Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
boards, of MITFORD ON PLEADING.
THE LAW of HORSES; including the Bargain and Sale
of Chattels; also the Law of Racing, Wagers, and Gaming. By Fifth Edition.-In royal 8vo., price 10s. boards,
GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, A TREATISE ON PLEADINGS in SUITS in the COURT Barrister at Law, Author of "The Law' of Pews and Prohibition,
of CHANCERY by English Bill. By JOHN MITFORD, "The Law of Church Ornaments," &c. Esq. (the late LORD REDESDALE). The Fifth Edition, comprising
H. Sweet, 3, Chancery-lane, Fleet-street. a Large Body of Additional Notes, by JOSIAH W. SMITH, B.C.L., of Lincoln's-inn, Barrister at Law, Editor of Fearne's Contingent Re
BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. niainders, and Author of a Treatise on Executory Interests.
Price 27s. cloth boards,
and PRACTICE as to PROOFS in COURTS of COMMON COMMONS.-SECOND EDITION.
LAW; with Elementary Rules for conducting the Examination and
Cross-examination of Witnesses. By w. M. BEST, A.M., LL.B., of In 12mo., price 14s. boards,
Gray's-inn, Esq., Barrister at Law. Second Edition, with a SUPPLETHE ACTS for facilitating the INCLOSURE of COM. MENT, shewing the Alterations effected by the Common-law Procedure
MONS in of RIGHTS of COMMONS in reference to these Acts; and FORMS as *.* The SUPPLEMENT can be had separately, price 2s., sewed in settled by the Commissioners, &c. Second Edition, with Alterations wrapper. and Additions. And a Supplement, containing the Consolidation of
H. Sweet, 3, Chancery-lane, Fleet-street. Tithe and Inclosure Commission, 51; an the osure Amend inent Act, 12mo., 1852. By GEORGE WINGROVE COOKE, Esq.,
BRITISH AND NEUTRAL COMMERCE. of the Middle Temple, Barrister at Law.
Just published, price 58. cloth bds., * The Supplement is sold separately, price 3s. sewed.
RIGHTS of BRITISH and NEUTRAL COM. Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
MERCE, as affected by recent Royal Declarations and Orders in
Council. By JOHN HOSACK, of the Middle Temple, Barrister at Law. HEADLAM'S NEW CHANCERY PRACTICE.
H. Sweet, 3, Chancery-lane, Fleet-street. In 8vo., price 8s. boards, THE NEW CHANCERY ACTS, (15 & 16 Vict. cc. 80, Printed by HENRY HANSARD, at his Printing Office, in Parker
86, and 87), and all the GENERAL ORDERS, (including those of Street, in the Parish of St. Giles-in-che-Pields, in the County of Mid the 3rd and 4th December): with Notes, an Index, and References to dlesex; and Published at No. 3, CHANCERT LANE, in the Parish of Daniell's Practice. To which is added, an Appendix of Forms, &c. By T. E.HEADLAM, Esq., M. P., Q. C.
St. Dunstan in the West, in the City of London, by HENRY SWEET,
residing at No. 34, Porchester Terrace, Bayswater, in the County or Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
Middlesex -Saturday, September 1, 1855.
SOLICITORS' & GENERAL LIFE ASSURANCE SOCIETY,
52, CHANCER Y LANE, LONDON SUBSCRIBED CAPITAL, ONE MILLION.
DIRECTORS. CHURCH, JOHN THOMAS, Esq., Bedford-row.
MORRIS. JOHN M., Esq., Moorgate-street-chambers, DONNE, S. EDWARD, Esq., Streatham-hill.
Moorgate-street. FONBLANQUE, J. S. M., Esq., St. John's-wood.
MURRAY, WILLIAM, Esq., London-street. JONES, WILLIAM, Esq. Crosby-square.
TORR, JOHN SMALE, Esq., Bedford-row.' LOUGHBOROUGH, THOMAS, Esq., Austin-friars.
WILLAUME, T. B. T., Esq., New Broad-street. MAYNARD, JONAS ALLEYNE, Esq., Temple.
WITHAIL W., Esq., Parliament-street.
WOOLRYCH, EDMUND H., Esq., Temple.
ADVANTAGES TO THE PROFESSION,
and 51. per cento annually afterwards; and, as an additional advantage In some Offices the Assured may not be entitled to a Bonus until to persons introducing business, the Shareholders have by the Deed of the expiration of ten years from the time of effecting the Policy, whilst Settlement given up half of their Profits for the benefit of such persons in this Oflice three years is the utmost limit.
as extra Commission, 2. At the first division of Profits in May, 1853, a Reversionary Bonus,
The extra Commission paid in 1853 to persons introducing business averaging 45l. per cent., was declared on all Participating Policies. In was as follows: some cases the Bonus exceeded 612. per cent. on the premiums paid. Ordinary
Extra Commission paid. Op reierence to the Prospectuses of some of the principal Ofices,
£75 16 0
654 12 11 it will be found that the Bonus on their first division was much less,
135 7 viz. 291. per eent.
63 6 6
45 13 0 3. The next division of Profits will be declared in May, 1856, when all
41 12 2
29 19 Policies effected in 1855 will participate.
139 - 8 1
100 100 In most Omces Assurers do not participate in the Profits until after
69 14 0
50 5 0 payment of from three to five annual premiums, but in this Ofice
Board days, Thursdaye, at half-past Two o'clock. they may participate on payment of a single preinium.
C. J. GILL, Secretary.
In a few days will be published, in 1 vol. 12mo., terest, on the security of an ample and eligible building property
: THE LIMITED LIABILITY ACT, 1855, and the Act
for the Registration, Incorporation, and Regulation of Jointan introduction to considerable business. All communications will be stock Companies, (7 & 8 Vict. c. 110), under which Companies with treated confidentially, and no agent will be treated with. Address, Limited Liability are to be formed. With an Introduction. Notes, and Y. Z., 19, Arundel street, Strand.
Forms, and Index. By GEORGE SWEET, Esq., of the Inner
Temple, Barrister at Law. IMITED LIABILITY ACT, 1855.-INFORMATION London: Henry Sweet, 3, Chancery-lane; V. & R. Stevens & G. S. as to the operation and mode of procedure to incorporate new or
Norton, and W. Maxwell, Bell-yard, Liucoln's-inn. , to bring existing Companies wrder this Act may be obtained, WITHOUT
CUMIN'S MANUAL OF CIVIL LAW.
Institutes of Justinian: being a Translation of and Comnuentary
on that work. With an Introduction on the History of the Roman Jcint-stock Companies). TC
Law. Ry P. CUMIN, M.' A., of Balliol College, Oxford, Barrister at N. B.-The above Act, (Q. P. copy), with Index, post-free, 13 stamps;
Law. In 12mo., price 10s. Od. cloth. or bound with the 7 & 8 Vict. c. 110, and 10 & 11 Vict. c. 78, and In
"The work is extremely well done."-Law Times, April 22, 1854.
Stevens & Norton, 26, Bell-yard, Lincoln's inn. dices, post-free, 78. 6d.
BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855.
Price 27s. cloth boards,
, the PRINCIPLES
MENT, shewing the Alterations effected by the Common-law Procedure
Act and other Statutes of 1954.
'The SUPPLEMENT can be had separately, price 28., sewed in RAWLINSON'S CORPORATION ACTS.
wrapper. In 12mo., price 188. boards,
H. Sweet, 3, Chancery.lanç, Fleet-street. THE MUNICIPAL CORPORATION ACT, 5 & 6 Will. 4,
TO SOLICITORS.--About 20,0001, is required, at in
LIMITED LIABILITY ACT, a with Observations and A and MACTICE“10 PROors in COURTS
c. 76, and the Acts since passed for amending the same, and CAUTION: TOTRADESMEN MERCHANTS,
SHIPPERS, OUTFITTERS, &c ferences to the Cases thereon; and an Appendix, containing the prin- WHEREAS it has lately come to my knowledge that some unprincipled cipal Statutes referred to, including those relating to Mandamus and
person or persons hare for some time past been osing upon the Quo Warranto; a List of Boroughs having Quarter Sessions; Borough public, by selling to the Trade and others a spurious article under the Court Rules, &c. By Sir CHRISTOPHER RAWLINSON, Chief nanie or BOND'S PERMANENT MARKING INK; this is to give Justice of Madras. Second Edition, by W. N. WELSBY, Esq., of the Notice, that I am the original and sole Proprietor and Manufacturer of Middle Temple, Barrister at Law, and Recorder of Chester.
the said Article, and do not cnploy any traveller, or authorisu any perW. Maxwell, 32, Bell-yard, Lincoln's-inn.
son to represcut themselves as coming from my establishment, for the THRING'S SUCCESSION DUTY ACT.
purpose of selling the said Ink. This Caution is published by me to THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51), present further impositions upon the public, and serious injury to
for granting to her Majesty Duties on Succession to Property, and E. R. BOND, Sole Executrix and Widow of the late John Bond, for altering certain Provisions of the Acts charging Duties on Legacies 28, Long-lane, West Smithfield, London. and Shares of Personal Estates. With an Introduction and Notes. By To avoid disappointment from the substitution of counterfeits, HENRY THRING, Esq., Barrister at Law. In 12mo., price 58. 6d. be careful to ask for the genuine Bonci's Permanent Marking lok; and cloth.
further to distinguish it, observe that NO SIXPENNY SIZE is or has Stevens & Norton, 26, Bell-yard, Lincoln's inn.
at any time been prepared by him, the Inventor and Propriсtor. No. 35, VOL. I., New Series.
GAZETTES.-FRIDAY, Aug. 31.
WILLIAM GILBERT, Vine.place, Old-st.-road, butcher,
Sept. 14 at 12, and Oct. 13 at 1, London : Off. Ass. Lee; BANKRUPTS.
Sol. Pearce, 8, Giltspur-street.-Pet. f. Aug. 23. BENJAMIN BURLINGTON WALE and GEORGE ABSALOM FRANCIS, George-yard, Lombard-st., dealer CHARLES DAWE, Chancery-lane, dealers and chapmen,
in mining shares, Sept. 17 at 1, and Oct. 13 at 2. London: Sept. 13 at half-past 12, and Oct. 13 at 12, London: Off.
Off. Ass. Edwards ; Sol. Wyatt, 4, Verulam-buildings, Ass. Bell; Sol. Chidley, 19, Gresham-street. - Pet. f.
Gray's-inn.- Pet. f. Sept. 1. Aug. 23.
THOMAS JORDAN, Bloxwich, Staffordshire, baker, Sept. JAMES BURQUI GOUGH, River-terrace, Islington, dealer
17 and Oct. 17 at balf-past 10, Birmingham : Of. Ass. and chapman, Sept. 8 at half past 1, and Oct. 19 at 12,
Christie ; Sols. Motteram & Knight, Birmingham.- Pet. d. London: Off. Ass. Whitmore; Sol. Brown, 21,
Aug. 30. place, Finsbury.- Pet. f. Aug. 30.
THOMAS HEMINGSLEY, Willenhall, Staffordshire, cut. ISRAEL COWAN and MARK BRAHAM, Aldgate High
nail manufacturer, Sept. 17 and Oct. 17 at half-past 10, street, dealers and chapmen, Sept. 11 at half past ll, and
Birmingham : Off. Ass. Bittleston; Sols. Motteram & Oct. 12 at 2, London : off. Ass. Cannan ; Sol. Sydney, 33, GEORGE PYNE, Bristol, cordwainer, Sept. 18 and Oct. 15
Knight, Birmingham.--- Pet, d. Aug. 30.
at 11, Bristol : Off. Ass. Acraman; Sols. Bevan & Girling, and Oct. 9 at 11, Bristol: Off. Ass. Miller; Sol. Hulls,
Bristol. - Pet, f. Aug. 24, Gloucester. - Pet, f. Aug. 24.
JOHN MARLEY, Torquay, butcher, Sept. 6 and Oct. 11 ANDREW DEMPSTER, Liverpool, builder, Sept. 13 and
at 1, Exeter : Off. Ass. Hirtzel; Sols. Carter, Torquay; Oct. 4 at 11, Liverpool: Off. Ass. Turner; Sols. Evans & Stogdon, Exeter.— Pet. f. Aug. 23. Son, Liverpool. - Pet. f. Aug. 27.
MARY ANN PASS MORE, Exeter, umbrella manufacturer, JOHN STRONG the younger, Birkenhead, Cheshire, dealer
Sept. 13 and Oct. 11 at 1, Exeter : Off, Ass, Hirtzel; Sol. and chapman, Sept. 12 and Oct. 1 at 11, Liverpool: Off.
Terrell, Exeter. -- Pet. f. Aug. 29. Ass. Morgan ; Sols. Gibson, Newcastle-upon-Tyne ; Lloyd, MATTHEW LICHEGARY DUNSFORD, Exeter, dealer Liverpool.- Pet. f. Aug. 20.
and chapman, Sept. 13 and Oct. 11 at 1, Exeter : Off. Ass. WILLIAM MORTIMER, Morley, near Leeds, dealer and
Hirtzel ; Sol. Laidman, Exeter. -Pet. f. Sept. 3. chapman, Sept. 17 and Oct. 15 at 11, Leeds: 08. Ass. JOHN MAWER, Louth, Lincolnshirę, dealer and chapman, Hope; Sols. Scholes & Son, Dewsbury; Blackburn, Leeds.
Sept. 19 and Oct. 17 at 12, Kingston-upon-Hull: Off. Ass. - Pet d. Avg. 27.
Carrick ; Sol. Brown, Lincoln.- Pet. d. Aug. 29. THOMAS BANKS, Bradford, Yorkshire, dealer and chap. WILLIAM ROXBURGH, Liverpool, dealer and chapman, man, Sept. 14 and Oct. 15 at 11, Leeds : Off. Ass. Hope;
Sept. 14 and Oct 10 at 11, Liverpool: Off. Ass. Turner; Sols. Bond & Barwick, Leeds.- Pet d. Aug. 27.
Sol. Roby, Liverpool.—Pet. f. Aug. 31. WILLIAM CHARLES HOLLAND), Lincoln, dealer and
MEETINGS, chapman, Sept. 12 and Oct. 10 at 12, Kingston-upon-Hull: Off. Ass. Carrick ; Sol. Tweed, Lincoln. – Pet. d. Aug. 27.
Albion Paris Dresser, Manchester, machinist, Sept. 21 at THOMAS ADAMSON und HENRY HUNTER BELL, 12, Manchester, last ex.-- William Strahan, Sir John Dean Sunderland, dealers and chapmen, Sept. 13 at 11, and Oct.
Paul, and Robert Makin Bates, Strand, bankers, Oct. 9 at 24 at 12, Newcastle-upon-Tyne: Off. Ass. Baker; Sols. 11, London, aud. ac. ; Oct. 12 at 11, div.-Edward Green, Harle & Co., Newcastle upon Tyne, and 20, Southampton- 27 at 11, div. - Thomas John, Aberdare, Glamorganshire
Bristol, tavern keeper, Sept. 20 at 11, Bristol, agd. ac.; Sept. buildings, Chancery-lane. — Pet. f. Aug. 23.
butcher, Sept. 20 at 1l, Bristol, aud. ac.-John Fry Reeves, MEETINGS.
John Fred. Reeves, Orlando Reeves, and Archibald Reeves, John Baker, Eastchurch, Isle of Sheppy, grocer, Sept. 21 Taunton, Somersetshire, scriveners, Sept. 20 at 1, Eseter, at Il, London, last ex. - Wm. Brown, Great Russell-street, aud. ac. sep. est. of Orlando Reeves.--William George Moss, Covent-garden, linendraper, Sept. 13 at 12, London, last ex. Guildford place, Kennington, clerk in the General Post office,
- Charles Viner, Barge-yard, Bucklersbury, wholesale iron. Sept. 26 at 12, London, div.—Henry Markinfie d Addey, monger, Sept. 20 at 2, London, aud. ac.- John Railton and Old Bond-street, bookseller, Sept. 26 at 12, London, dir. James Pavey, Manchester and Colne, manufacturers of mous- | seline de laines, Sept. 11 at 12, Manchester, and ac.-John
CERTIFICATES. Boddington, Manchester, malt factor, Sept. 11 at 12, Man- To be allowed, unless Cause be shown to the contrary on or chester, aud. ac. - Wm. Jones, Liverpool, shipbuilder, Sept.
before the Day of Meeling. 13 at 11, Liverpool, aud. ac. -- Hugh Brown. Liverpcol, ship
William Miller, Whitechapel-road, coffee-house keeper, chandler, Sept. 13 at 11, Liverpool, aud. ac.- Hugh Cunning. Oct. 11 at 2, London. - Henry Baker, Camomile-street, Lonham, Strand, bookseller, Oct. 4 at half.past 11, London, div, don wall, suvar boiler. Sept 25 at 1, London. -- Thos. Daries, - Francis Parry M.Carthy, Beech-street, Barbican, metal New.quay, Cardiganshire, shipbuilder, Sept. 25 at 11, Bristol
. dealer, Sæpt. 24 at 12, London, div.- Henry Brown, Marden, John Richardson, Manchester, umbrella manufacturer, Sept. Kent, potter, Sept. 24 at 12. London, div. Amos Haylon, 26 at 12, Manchester. - George Healey, Preston, timber merThame, Oxfordshire, clerk, Sept. 21 at 12, London, div.
chant, Sept. 27 at 12. Manchester.- Peter Jameson, Staley. CERTIFICATES.
bridge, Lancashire, tailor, Sept. 26 at 12, Manchester. To be allowed, unless Cause be sheun to the contrary on or
Samuel How, Liverpool, broker, Sept. 27 at 11, Liverpool. before the Day of Meetiny.
George Bateman. Sianley, West Derby, Lancashire, licensed George Johnstone, St. Ives, Huntingdonshire, draper, vitualler, Sept. 27 at 12, Liverpool. Sept. 21 at 12, London.- George Anderson, Upper-s rest, To be granted, unless an Appeal le duly entered. Islington, stationer, Oct. 4 at 2, London.- Herbert Room,
Jonathan Smart, Saffron Walden, Essex, cabinet maker.Birmingham, metallic bedstead manufacturer, Oct. 8 a. half. Thomas Morse, Lic le Newport-street, Newport-market, wine past 10, Birmingham.
merchant.-John Turner, Bunbill-row, machine maker.
William Baker, Cumberland market. Middlesex, licensed vicTUESDAY, Sept. 4.
tualler. - Frederick Tallix, Upper Chadwell-street, Clerken
well, and Crane-court, Fleet-street, printer. - James Way. BANKRUPTS.
mouth, Taunton, Somersetshire, stationer.- John Mayhew, SIR GEORGE DE LA POER BERESFORD, Bart., Clarence-villas, Mortimer-road, De Beauvoir-town, Kingsland,
Fluidyer street, Westminster, dealer and chapman, Sept. 13 and Leadenhall-street, mine sbare dealer - William Harris and Ort. 19 at 1, London: Off. Ass. Cannan ; Sol. War- Paul, Lawrence-lane, Cheapside, sack manufacturer.- William rant, 73, Basing ball-street. -- Pet. f. Aug. 7.
Aspdin and Augustus William Oril, Gateshead-on-Tyne, and DAVID EDUARDS the younger, Landport, Portsea, Little Abingdon-street, Westminster, cement manufacturers.
Southampton, dealer and chapman, Sept. 15 at 12, and
Lincoln's-inn-fields, attornies and solicitors.
CONTENTS. London Gazettes..
356 Vice-CHANCELLOR Wood's Court-(Continued). Leading Article
Swallow o. Binns.-(Voluntary settlement by a person Correspondence
359 in loco parentis - Construction-Vesting).... 843 Consolidation of Statute Law-Commissioners' Report 359 In re Hungerford, and in re The Rugby and Stamford NAMES OF THE CASES REPORTED.
Railway Company.-(Lands taken by companyCOURT OF APPEAL. IN Chancery.
Tenant for life-Incumbrancers-Income-Costs) 845 By F. FISHER, Barrister at Law.
COURT OF QUEEN's Bexch. Myers v. The United Guarantie and Life Assurance
By G. J. P. Smith and W. B. BRETT, Barristers at Law. Company-The United Guarantie and Life Assu. rance Company r. Cleland.-(Mortgage - Advances
Harrison v. Bush.-(Libel- Privileged communica. for costs- Priority)....
tion-Application for redress--Memorial to Secre. tary of State -Justice of peace)
846 Rolls Court.
Newton o. Ellis.-(Public Health Act, 11 & 12 Vict. By G. Y. Robson, Barrister at Law.
C. 63, 8. 139–Person acting under direction of Collinson 1. Lister.-(Executor, power of, coer assets -Abatement)
board- Thing done under provisions of act-No, tice of action - Contractor-Negligence)
850 VICE-CHANCELLOR KINDERSLEY'S COURT.
Siggers 0. Evans.-(Assignment in trust for creditors By C. MARETT, Barrister at Law.
--Creditor assignee - Voluntary deed--Assent of Hitchman o. Stewart.-(Surety-Costs—Interest).... 839 assignee)
851 VICE-CHANCELLOR STUART's Court.
Lennard o. Robinson.-(Charterparty-Demurrage-
Principal and agent--Liability of agent of foreign French v. French.-(Creditors' suit-Assignment of a
853 business and stock-in-trade for a sum certain and Fitch o. Jones.-(Promissory note-Indorsee against for annuities—Insolvency of assignor-Fraud
maker-Wager on hop duty-Evidence of consi. 13 Eliz. c. 5)
840 deration-Burthen of proof-Mistake in date).... 854 VICE-CHANCELLOR Wood's Court. By MATTHEW B. BEGBIE, Barrister at Law.
[In the “Contents," ante, p. 337, the case in the ExStephens v. Hotham.-(Landlord and tenant-Exe- chequer Chamber should have been printed as reported by cutors' liability to execute counterpart lease)...
842 H. Macnamara and G. Francis, Barristers at Law.]
Cl. & Fin. 109), which was a contract of suretyship
on a cash account, Lord Campbell, C. J., delivering his LONDON, SEPTEMBER 8, 1855.
opinion, said, “The question is, what, upon entering
into such a contract, ought to be disclosed? And I will It has sometimes been supposed that there is some- venture to say, if your Lordships were to adopt the thing peculiar in the contract of suretyship which takes principle laid down and contended for by the appelit out of the general rule prevailing in our law, that lant's counsel here, that you would entirely knock up contracting parties must form their own judgment and those transactions in Scotland of giving security upon exercise due caution for themselves before incurring a cash account, because no bankers would rest satisfied legal obligations, and which assimilates it to contracts that they had a security for the advance they made, if, of assurance, where the party assuring is bound to dis- as it is contended, it is essentially necessary that everyclose all he knows about the assured. Thus Lord thing should be disclosed by the creditor that is maChancellor Truro in Owen v. Homan (15 Jur., part 1, terial for the surety to know.” Equally clear and p. 339; 20 L. J., Ch., 314) uses this language-" The decisive is the judgment of the Court of Exchequer in cases which are reported have generally arisen out of the case of The North British Assurance Company v. transactions in which there has been personal commu- Lloyd, (1 Jur., N. S., part 1, p. 45; 24 L. J., Ex., nication between the creditor and surety; and the clear 14), which may be said to establish the principle, that law deducible from these decisions is, that the creditor a creditor who takes a guarantie is not bound to dismust make a full, fair, and honest communication of close to the surety every fact within his own knowevery circumstance calculated to influence the discre- ledge which may affect the surety or his willingness tion of the surety in entering into the required obliga- to enter into the contract, and that such mere nontion.” His Lordship then compares the duty of the communication of facts will not, in the absence of actual ereditor in such a case to that of the assured in a policy fraud, affect the validity of the guarantie. The facts of assurance, who, unasked, is bound to give the under of that case were briefly these :—Sir Thomas Brancker writer all the information in his power to enable him obtained from the plaintiffs (an assurance company) a to estimate the character of the risk he is invited to loan of 10,0001. for a certain period, on the deposit of undertake*. This doctrine, however, was not ac- shares, he agreeing to give further security, or pay off quiesced in by the House of Lords, to which the case a portion of the loan, in the event of the value of the was subsequently carried. (17 Jur., part 1, p. 861). shares becoming depreciated below a certain sum. At It was felt to be a dangerous principle to import into the period for repayment such depreciation had taken contracts of this nature, and that no one would be safe place, but the loan was renewed for a further period in taking a guarantie if it were to be subject to so many on the same terms, on the deposit of additional shares, circumstances affecting the liability of the surety, ultra and the acceptance of James Brancker, the brother of the express contract into which he had entered. the principal, for 20001. Before the expiration of the Accordingly, in the case of Hamilton v. Watson, (12 renewed period, James Brancker, the brother, applied
to the plaintiffs to be released on obtaining the gua* See also per Bayley, J., in Pidcock v. Bishop, (3 B. & rantie of the defendant and three other persons for 5001. Cr. 605).
each. The plaintiffs assented, and a guarantie was drawn up hy their solicitor, not referring to the ac- parties, and that contracts of assurance form the only ceptance, but reciting the consideration for the gua- exception to this general rule, such exception being rantie to be the original loan, and the plaintiffs agree-founded, by, the usage of trade, upon the peculiar ing not to require any further security in the event character of that class of contracts. of the depreciation of the shares, as provided for
the original agreement. The defendant had no A CORRESPONDENT asks us whether, in writing our notice of the transaction between the plaintiff's and observations on the Dower Act, (ante, p. 337), we have James Brancker. In an action upon the guarantie, sufficiently borne in mind the act of 17 & 18 Vict. the defendant contended that he was not liable, because c. 113. We had the act before us, but abstained from he had not been informed that his security was required referring to it, lest we should needlessly, as we thought, as a substitution for the security of James Brancker-complicate the consideration of a subject already suffia circumstance which might have induced him to make ciently intricate. The act is not expressed with much inquiries; and, indeed, the defendant swore at the trial precision, but we think that the absence of any intenthat if he had known this fact he would not have tion to alter the rights of dowresses is sufficiently clear. become responsible. It was further urged that the It enacts, that when any person shall, after 1854, die recital in the guarantie was incorrect, and did not dis- seised or entitled to any estate or interest in any lands close the real state of the facts and the true object of or otlier hereditaments charged by way of mortgage, the principal, and that in effect a legal fraud had been without having by will or other document expressed a practised upon the defendant. The jury found that different intention, “the heir or devisee to whom such the substitution of security was not a circumstance lands or hereditaments shall descend or be devised shall material to be disclosed; and the Court held, that even not be entitled to have the mortgage debt discharged or if it bad been material, the mere non-disclosare of it satisfied out of the personal estate or any other real would not affect the defendant's liability ; that nothing estate of such person, but the lands or hereditaments so short of actual fraud would be sufficient for that pur- charged shall, as between the different persons claiming pose; and that the concealment, to be available hy the through or under the deceased person, be primarily liable surety, must have been made with a fraudulent intent. to the payment of all mortgage debts with which the In the course of the argument Parke, B., said, “I same shall be charged, every part thereof, according to deny that there is any such rule established as that its value, bearing a proportionate part.” But the rights the creditor is bound to disclose every fact that might of the mortgagee are not to be prejudiced; and the act affect the surety. Nothing short of actual fraud will is not to affect the rights of any person claiming under do. If it were otherwise no person could safely take or by virtue of any will, deed, or document made prior a guarantie. ... . According to the position con- to the year 1855. tended for, the sureties could never be changed witli- This enactment is irrationally limited in its scope, and out letting the fresh sureties know. A very able will be fertile in questions. T'he words “seised or entreatise by an American jurist shews that it is by titled to any estate or interest in any lands or hereditausage of trade that everything in cases of assurance ments” are sufficient to include leaseholds; but the must be disclosed, and that it does not rest on the mention of the heir or devisee only suggests a doubt ground of fraud." And in delivering judgment whether they were contemplated; and if the principle Pollock, C. B., said, “It is not a correct proposition of the act is just at all, (which may be doubted), it that the same rule prevails in case of guaranties as in ought to have been extended to all kinds of specific assurances on either ships or lives, in which it is a charges on all kinds of property. Then it is not clear settled rule, no doubt, that all the material circum- whether the saving extends to a will made before 1855 stances known to the assured are to be disclosed, though and confirmed or republished by a codicil in or after there should be no fraud in the concealment. It is a | that year. peculiar doctrine applicable to contracts of assurance, But to return to our correspondent's doubt. It is in which in general the assured knows, and the under- plain tliat the words “the lands or hereditaments so writer does not know, the circumstances of the voyage, charged shall, as between the different persons," &c., and of other matters. . . . . All the cases have been must be taken with some qualification-in fact, must decided over and over again to be on the same footing be cut down to agree with, and mean no more than, as actual fraud, and not constructive fraud. But that “the estate or interest” in such lands or hereditaments the mere relationship of creditor and surety requires of or to which the deceased died “ seised or entitled.” in all cases a full disclosure of all material circuin- For suppose the deceased, being seised in fee-simple in stances was distinctly denied by the House of Lords in possession, had made a settlement-whether post-nupthe case of Hamilton v. Watson, (12 Cl. & Fin. 109). tial or not is immaterial-giving his wife a life interest,
... The non-disclosure of the circumstance of the and afterwards procured her concurrence in a mortgage, change of security, even if it had been material, would and died : here the wife would be a person claiming not have vitiated the guarantie, unless it had been under him, and no contrary intention would have been fraudulently kept hack."
signified by any document, (for the prior settlement The result, therefore, of recent decisions upon this could no more signify such intention than a subsesubject is, that the contract of suretyslip is brought quent voluntary settlement or a devise of the equity within the general rule applicable to other contracts, of redemption would do so); yet no one will say that namely, that although avoided by actual fraud, it is she is not to have her life estate exonerated by the not affected by mere non-disclosure or concealment of debtor's assets. The act must therefore be read as apfacts within the knowledge of the other contracting plying only to the estate or interest belonging to the