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GAZETTES.-FRIDAY, Nov. 9.

Wiltshire, innkeeper, Nov. 29 at 11, Bristol, and. &c.-G.

Forster, Liverpool, stockbroker, Nov. 22 at 11, Liverpool, BANKRUPTS.

aud. ac.-Jonathan Higginson and Richard Deane, Liver. ALFRED TWELVETREES, Holland-street, Blackfriars, Fenton, Reeds, Holmes Mill, Crawshaw Booth, near Rawten

pool, merchants, Nov. 22 at 11, Liverpool, and. ac.-James manufacturer of blacking, Nov. 20 and Dec. 20 at 1, Lon- stall, Lancashire, cotton manufacturer, Nov. 22 at 12, Man. don: Off. Ass. Johnson ; Sol. Ashley, 7, Old Jewry.- chester, aud. ac. - Thomas Kingdon, Netherexe, Devonshire, Pet. d. Nov. 6.

.-Willian WILLIAM BARKER the younger, Hampstead-road, Ha- Broadhurst and Wm. Marshall Broadhurst, Sheffield, table.

cider merchant, Nov. 21 at 11, Exeter, aud. ac.- verstock-hill, dealer and chapman, Nov. 19 and Dec. 18-at knife manufacturers, Nov. 24 at 11, Sheffield, aud. ac. joint

12, London: Of. Ass. Edwards; Sols. Chidley, 19, Gresham- est. ; Dec. 1 at 11, aud. ac. and div. sep. est. of Wm. Marshall street; Mayhew, 11, Argyle-place, Regent-street. - Pet. d. Broadhurst.-James Norris, Camden Lodge, Peckham, whole

Nov. 6.
CHARLES HENRY PAUL RAWLINGS, Portsea, Hamp- Frampton, Wimborne Minster, Dorsetshire, butcher, Dec. 1

sale stationer, Nov. 30 at half-past ll, London, div.-Sarah shire, dealer and chapman, Nov. 23 and Dec. 22 at 1, Lon. at 11, London, div.-Edward Winstanley and Henry George don: Off. Ass. Cannan ; Sols. Edgcombe, Portsea ; Powņall, Winstanley, Poultry, chemists, Dec. 1 at half-past 12, Lon.

Staple-inn, Holborn.- Pet. f. Nov. 9.
HENRY WYLDE, New Cavendish-street, Portland-place, victualler, Dec. 3 at half-past 11, London, div.-Josiah

don, div. - William Aaron Rogers, Sutton, Surrey, licensed St. Marylebone, music seller, Nov. 21 and Dec. 21 at 1, Overbury, Nind and Monk Mills, Wootton-under-Edge, London: Off. Ass. Pennell; Sol. Chappell, 25, Golden Gloucestershire, cloth manufacturer, Dec. 1 at 12, London, square.—Pet. f. Nov. 7.

div.-William Peter Grant, Cambridge, bookseller, Dec. 1 GEORGE PARSONS, Birmingham, gas-fitting manufac

at 1, London, div.- Stephen Edward Sherwood, Sellinge, turer, Nov. 22 and Dec. 20 at half-past 12, Birmingham : Off. Ass. Christie ; Sols. Corles, and Motteram & Knight, Chave, Torquay, Devonshire, builder, Dec. 11 at 1, Exeter,

near Canterbury, tailor, Dec. 3 at 12, London, div.-Josepå Birmingham.- Pet. d. Nov. 7. ANNE STAVELEY, Nottingham, dealer and chapwoman, and Thomas Barker, Sheffield, Yorkshire, railway carriage

div.- George Armitage, John Frankish, William Frankish, Nov. 27 and Dec. '18 at half-past 10, Nottingham : Off. manufacturers, Dec. 1 at 11, Sheffield, div. joint est., and div. Ass. Harris; Sol. Deverill, Nottingham.- Pet. d. Nov. 1.

sep. ests. of G. Armitage and T. Barker. THOMAS WALKER, Keighley, Yorkshire, innkeeper,

CERTIFICATES. Nov. 23 and Dec. 21 at 11, Leeds : Off. Ass. Young; Sols. Terry & Watson, Bradford; Bond & Barwick, Leeds. - Pet. To be allowed, unless Cause be shewn to the contrary on or d. Nov. 6.

before the Day of Meeting. MATTHEW CRAIG NORBURY, Chorlton-upon-Med- James Norris, Camden Lodge, Peckham, wholesale stationer,

lock, Lancashire, dealer and chapman, Nov. 22 and Dec. 13 Nov. 30 at half-past 11, London.- George Parker, Southat 12, Manchester : Off. Ass. Hernaman ; Sol. Slater, Man- ampton, pastrycook, Nov. 30 at 11, London. - Frederick chester.- Pet. f. Oct. 29.

Lillicrap, Bishopsgate-street Without, grocer, Dec. 3 at 12, MEETINGS.

London.-James Wm. Wooldridge, Wickham, Southampton, Thomas Cooke the elder, Froxfield, near Petersfield, Hamp- tanner, Dec. 3 at half-past 12, London.John Winspeare, shire, cattle dealer, Nov. 21 at 1, London, last ex.-Thomas Middleton, Stranton, Durham, ship builder, Dec. 4 at halfAllen and Thomas C. Cockson, Manchester, warehousemen, past 11, Newcastle-upon-Tyne.-Thomas Younger the elder, Nov. 22 at 12, Manchester, last ex.—John Foden, Liverpool, Sunderland, builder, Dec. 6 at 12, Newcastle-upon-Tyne. grocer, Nov. 21 at 11, Liverpool, last ex.- Isaac Pothecary Thomas Dixon, Crook, Durham, grocer, Nov. 29 (and not 20 and Wm. Symes, Nutshalling, Southampton, boarding house as advertised in last Tuesday's Gazette) at balf-past 11, Newkeepers, Nov. 20 at 1, London, aud. ac.-William Bennett, castle-upon-Tyne.- Samuel Lewin Walter, Manchester, coal Little Warley, Essex, miller, Nov. 23 at 1, London, aud. ac.

merchant, Dec. 3 at 12, Manchester.-George Hancock, --Benj. B. Wale and G. C. Dawe, Chancery-lane, builders, Fenton, Stoke-upon-Trent, Staffordshire, builder, Dec. 3 at Nov. 22 at 2, London, aud. ac.- Peter Stainsby, Salvador half-past 10, Birmingham.-Joseph Whitehouse, West Bromhouse, Bishopsgate-street, London ; Pontesford, near Shrews- wich, Staffordshire, and William Jeffries, Compton, Kimeer, bury, Shropshire; and Parson's-green, Fulham, Middlesex, Staffordshire, ironmasters, Dec. 3 at half-past 10, Birmingsmelter, Nov. 20 at 11, London, aud. ac.-Wm. B. Brodie ham.-Dan Day, Watergate, Dewsbury, Yorkshire, carpet and Charles G. Brodie, Salisbury, bankers, Nov. 22 at 11, manufacturer, Dec. 11 at 11, Leeds.—Joseph Simpson, Leeds, London, aud. ac. ; Dec. 10 at 11, div.-Wm. Ashton, Lough painter, Dec. 11 at 12, Leeds.-George Armitage, John borough-road, Brixton, builder, Nov. 27 at half-past 12, Lon. Frankish, William Frankish, and Thomas Barker, Sheffield, don, aud. ac.-James Sewell, Brackley, Northamptonshire, Yorkshire, railway carriage manufacturers, Dec. 15 at 11, and Twyford-street, Caledonian-road, Islington, timber mer.

Sheffield.- Wm. Broadhurst and Wm. Marshall Broadhurst, chant, Nov. 23 at 11, aud. ac.-- George Speight, Goswell. Sheffield, table-knife manufacturers, Dec. 1 at 11, Sheffield. street, confectioner, Nov. 22 at 11, London, aud. ac.-J. E.

Thomas Potter, Sheffield, hosier, Dec. 1 at 11, Sheffield. M. Williams, Whitstable, Kent, apothecary, Nov. 23 at 12, William Marratt, Doncaster, attorney-at-law, Dec. 15 at 11, London, aud. ac.- James Weller the younger, Cholsey, Berk. Sheffield. shire, wheelwright, Nov. 23 at 12, London, aud.ac.---Thomas To be granted, unless an Appeal be duly entered. Bacon, Colchester, printer, Nov. 21 at 12, London, aud. ac. Thomas Reed, George-street, Mile-end New-town, bent -Edward Butler, York-street, Middlesex Hospital, Middle- timber manufacturer.-William Thorne, Queen-street-place, sex, and Gipsy-hill, Norwood, Surrey, baker, Nov. 21 at 11, London, and Connaught-terrace, Edgeware-road, Middleser, London, aud.ac.-William Walkin Ford, Sydney-cottage, and Barnstaple, Devonshire, railway contractor.- Edward Hornsey-road, and Howard's-buildings, Brick-lane, old- Over, Barossa-terrace, Cambridge-road, Bethnal-green, oil. street, St. Luke's, wholesale brush manufacturer, Nov. 21 at man.- Ephraim Watson, Polstead, Suffolk, shoemaker.11, London, aud. ac.-Wm. Fairey, Bedford, provision mer- William Henry Pates, Wallingford, Berkshire, grocer.-chant, Nov. 21 at ll, London, aud. ac.- -- James A. Miles, Robert Brown, Lime-street, London, insurance broker, and Pancras-lane, London, brassfounder, Nov. 21 at 11, London, Port Wallace, Nova Scotia, ship builder.-William Partridge aud. ac.-- John W. P. Graham, King's-road, Chelsea, in- and Daniel Francis Oakey, Paternoster-row, booksellers.surance broker, Nov. 23 at half-past 1, London, aud. ac.- Thomas Chatterton, Rye, Sussex, baker.- William Perfect Wm. H. Pates, Wallingford, Berkshire, grocer, Nov. 23 at Lockwood, Wakefield, Yorkshire, chemist.— William Riddell 11, London, aud. ac.; Dec. 3 at 1, div. Richard Thomas, and Mead Terrey Raymond, Sherborne-lane, merchants.New Windsor, Berkshire, painter, Nov. 23 at 11, London, William Fear and William Fear the younger, Bristol, sav. aud. ac.- Richard Walker, Wisbeach St. Peter's, Cambridge. yers. Henry Scrase, Brighton, stonemason. - Willias shire, stationer, Nov. 23 at 12, London, aud. ac.-E. Corker, Epworth Tuke, Mark-lane, wine broker-Edward Titcomd, Fore-street, Edmonton, timber merchant, Nov. 23 at 12, Lon Clewer, Berkshire, builder.-William Dinwoodie, Swinton. don, aud. ac.- Bailey Sherwood and Newman Sherwood, street, Gray's-inn-road, draper.—John Williams, Gravesend

, Belvedere-road, Lambeth, builders, Nov. 23 at 11, London, pawnbroker.-Thomas Toynbee, Slough, Buckinghamshire

, aud. ac.-Frederick Trapnell, Bristol, timber merchant, Nov horse dealer.-George Goodfellowo, Rowell, Northamptonshire

, 29 at 11, Bristol, aud. ac.- George Butler Ponting, Devizes, I [For continuation of Gazette, see p. 449].

17

CONTENTS. London Gazettes...

444

Vice-CHANCELLOR Wood's Court. Leading Article

445

By MATTHEW B. Begbie, Barrister at Law. Winter Circuits

446

The Attorney-General v. Stephens. (Charity Summary Procedure on Bills of Exchange Act– New

Landlord and tenant-Receipt for rent-ConfuRule of Costs

447
sion of boundaries Evidence).

1039 Court Papers-Cause Lists

447

Bean o. Griffiths.-(Will-Construction - Husband Nomination of Sheriff's

448

and wife-Condition against cohabitation).. 1045

Pemberton 0. M.Gill. (Pleading Discovery
NAMES OF THE CASES REPORTED.

Married woman -Exceptions for insufficiency
COURT OF CHANCERY,
Costs)

1015 By T. EDWARDS, Barrister at Law.

Court of QUEEN's Bench.

By G. J. P. Smith and W. B. Bretr, Barristers at Law. Hindle v. Taylor.-(Will, construction ofTrusts

Andrewes v. Elliott.-(Trial before judge without jury by reference to subsequent trusts - Not a double

1029 gift-Charge of annuity on capital)

- Consent in writing - Common-law Procedure

Act, 1854, (17 & 18 Vict. c. 125, s. 1)-Waiver-
COURT OF APPEAL IN CHANCERY.

Jurisdiction, Verdict against evidence).. 1046
By F. FISHER, Barrister at Law.

Reg. v. The Inhabitants of Cuckfield.-(Order of reAlexander v. Brame.-(Statute of Morimain, 9 Geo.

moval-Casual poor" Coming to inhabit''2, c. 36-Covenant that executors shall pay money

13 & 14 Car. 2, c. 12-Irremoveability in third to charities not void under)

1047
1032
parish)

COURT OF COMMON PLEAS.
VICE-CHANCELLOR KINDERSLEY's COURT.

By W. Paterson and W. Mills, Barristers at Law.
By C. MARETT, Barrister at Law.

Lowe v. Peskett.-(Debt not released by creditor beIn re Skeetes.-(Charity Commissioners)..

1037 coming executor - Legal and equitable assets

Power of executor to transfer right of action-
ViceChancellor STCart's COURT.

Evidence of assets)..

1049 By T. F. Morse, Barrister at Law.

COURT OF EXCHEQUER. Teague v. Fisher.-(Breach of trust-Creditors' suit

By W. M. Best, Barrister at Law. - Admission of one of the defendants)

1037 Danvers 0. Morgan.-(False imprisonment - Bona Plumptre o. Oxenden.-( Settlement - Construction

fides-Statute-2 & 3 Vict. c. 47-Notice of acTenant for life and remaindermen, rights of

tion- Evidence)

1051 Fund for payment of fines on renewal of lease- Readman o. Broers.-(Witness not within jurisdic. holds, how borne)

1037 tion17 & 18 Vict. c. 34, s. 1- Practice).. 1052

THE JURIST.

purchaser a power of selling the property bought, be

cause such a power is incidental to, and inseparable LONDON, NOVEMBER 17, 1855. from, the estate conferred upon him by the conveyance.

The power of sale given to a mortgagee must, I think, It has long been doubted by the majority of con- be considered, not as the delegation of a power intrusted veyancers whether a trustee or executor, having power to the executor, which is a power to sell for the benefit to mortgage the trust property, can give the mortgagee of his cestui que trust, but as the creation of a new a power of sale after default in payment of the mort- power to sell, not for the benefit of the persons ingage debt. The question as to the power of an executor terested in the testator's estate, but for the benefit of arose and was decided in the case of Russell v. Plaice, the person interested in the mortgage; that is, a power (18 Beav. 21; 18 Jur., part 1, p. 254), where an ad- to render the mortgage effectual; and I think that the ministratrix made a mortgage of leaseholds which right to create this power is incidental to the authority formed part of the estate of the deceased, and by the of the executor to mortgage. If this were withheld, mortgage deed gave to the mortgagee the usual power the persons interested in the assets would be injured; of sale after default. After default the mortgagee sold because in that case a mortgage could not be effected, the property by auction, but the purchaser objected unless on terms less advantageous than could be obthat the power of sale was invalid. On a bill filed by tained if the person advancing his money obtained the the mortgagee, specific performance of the contract was same security as if he were dealing with the absolute decreed. The Master of the Rolls, in giving judgment, owner of the estate. For the purpose of selling the after shewing by the authorities that the validity of a estate of the testator, the executor is considered as the simple mortgage of assets by an executor or adminis- absolute owner, and has all the powers incidental to that trator could not be questioned, proceeded to consider character, On what principle can it be maintained the objection that the administratrix could not delegate that he is not to be regarded in the same light, and to to the mortgagee the power of sale which she possessed have the same powers for the purpose of effecting a herself, being a trust to the execution of which she was mortgage, which may be the most beneficial course to bound to apply her own discretion. His Honor said, be adopted for his cestui que trust, and of which benefit “ I am of opinion that a little consideration of the dis- the executor is constituted the sole judge?” His tinction existing between the powers intrusted to her Honor then observed that his conclusion was confirmed and those given to the mortgagee removes this objec- by the consideration that the executor had power to tion. The power which the executor or administrator pledge any part of the assets, and that a pledge carried possesses of making a valid mortgage appears to me to with it an undoubted power of sale after default. The include in it a power to give all that is properly in authority of the case as a decision on the general quescidental to that species of alienation. An executor tion is a little weakened by the fact that there were who sells property of his testator necessarily gives the circumstances of acquiescence on the part of the next of kin sufficient to support the decision as against just published a work in which a variety of practical them, though this would of course be immaterial in a points are discussed with considerable learning and question between the purchaser and the creditors of acuteness*, objects to the decision in Russell v. Plaice the deceased. Except by analogy, the case cannot be on several grounds. One is, that it involves the whole treated as an authority as to the validity of a power subject in doubt, by departing from the strict legal of sale given to a mortgagee by trustees who are notion of a mortgage, and substituting the inquiry, expressly authorised to mortgage the trust property; whether the mortgage is ordinary or reasonable in all for the implied authority of an executor or adminis- its details. But this is a difficulty incident to every trator to deal with assets for the benefit of credi- discretionary power; and that executors and trustees tors as well as of the next of kin is very different have discretionary powers is undeniable. Whether from the authority which a trustee can derive only they have exercised their discretion reasonably may in from the express terms of the particular trust under all cases be made a subject of inquiry. which he acts. However, there is a consideration, not Again: Mr. Clayton says that it is an improvident very distinctly adverted to by the Court in Russell v. dealing with the property to give the mortgagee such a Plaice, which seems sufficient to dispose of the question, power, because, if the security be sufficient, “ a mortas well in respect of trustees as in respect of executors; gagee has no interest in obtaining the best price; he is and that is, that not merely the meaning of words, but not, as a trustee generally is, the friend of the benethe substance of rules of law and equity, must and do ficial owner; his only care is to realise his principal, change with the condition and usages of society. When interest, and costs: what the surplus may be matters

not to him. Besides, an executor or other trustee Lord Cottenham, in Wallworth v. Holt, (4 My. & C. generally has the advice and concurrence of the cestuis 635), affirmed it to be the duty of the Court of Chan- que trust. Thus, by transferring the sale to a mortcery to adapt its practice and course of proceeding gagee or his assign, we lose the best safeguard that can to the existing state of society, and not, by too strict be devised for insuring care and fidelity-self-interest. an adherence to forms and rules established under dif- We jeopardise the surplus as to its amount; and, seferent circumstances, to decline to administer justice at all for the mortgagee or his assign-an utter

condly, we jeopardise it as to its very existence and to enforce rights for which there was no other re- stranger to the mortgagor -- may be a knave, and medy, he merely made a special application of a general through his insolvency or otherwise it may be imprinciple, to which not only all the existing rules of possible to get the surplus out of his hands. Beequity, but also the whole of our present commercial sides all this, is it not clear that by placing the law and law of contracts owe their existence. We surplus in the power of the mortgagee, or rather

of his solicitor, we furnish him, the solicitor, with must construe words, when used at the present day, a strong inducement to charge his costs on a liberal according to the existing usage; and we must modify scale ?"°We think it a sufficient answer to this to rules, banded down to us from antiquity, so as to pre- observe, that trustees are to act on behalf of the observe their spirit by adapting them to altered circum- jects of their trust with the same prudence that men stances. Thus, when a settlor in 1855 authorises his exercise on their own behalf, and that no man acting trustees to mortgage the trust estate, we inquire, not what his estate in the power of a mortgagee, with the temp

on his own behalf at the present day hesitates to place Littleton or Coke understood by a mortgage, but what tations and exposed to the dangers pointed out by Mr. the settlor would mean and his lawyer would under- Clayton; while, on the other hand, it might be diffistand in 1855 by a direction to mortgage. Now, at the cult, if not impossible, to raise the required amount by present day no one thinks of a mortgage otherwise than means of a mortgage according to the fashion of two as a security including a power to sell after default neglect or dishonesty are to be set the facility of ob

centuries ago; and against the risks of the mortgagee's and to give discharges for the purchase money; and taining a transfer, and the avoidance of a fureclosure when a settlor directs his trustees to make a mortgage, suit, which a mortgagee, knowing that he could not we are, without any foundation, imputing to him anti- reckon on obtaining a final decree in less than twelve quated notions and antiquated language if we under- months, would be induced to commence at a time stand him to mean a mortgage such as would have when, if he had the power of immediate sale, he would been drawn by Sir Orlando Bridgman, and not such a should be actually in need of the money.

be content to rest upon his security, and wait until he mortgage as a conveyancer of the day, acting upon similar instructions, would prepare. Therefore, in the

WINTER CIRCUITS. case of an express trust or authority to mortgage, we think that it is not stating the case too strongly to his that telae trustee has an express authority to invest York, Durham, and Newcastle.. { Baseine. Mixneux and his mortgagee with a power of sale. In the case of Liverpool

Justice WIGHTMAX. an executor or administrator, again, the foundation of his authority to mortgage the assets is, that he is to

Gloucester, and Cardifereford

; } Justice Williaus. raise money for the purposes of his trust by any of the Dearbox chesteingham, Warwick, } Justice CRESSWELL.

a similar circumstances ; and ms de mortgage is an ordia Nokere, and estfordshire, Essex. } Justice Crompton. may raise money by mortgage ; but he is to do it in Hampshuise Devon, Somerset, } Baron Parke. the way in which owners ordinarily do it; and that at the present day is by making a mortgage with power * "The Elements of Conveyancing; with Practical Illusof sale.

trations and Select Forms. By William Clayton Clayton, of A learned and experienced conveyancer, who has | Lincoln's-inn, Barrister at Law.”

, 17

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SUMMARY PROCEDURE ON BILLS OF EX

QUEEN'S BENCH.
CHANGE ACT, 1855.

New Trials moved Michaelmas Term, 1855.

Midd.-Chapple v. Bryson York-Ackroyd v. Gill New RULE FIXING COSTS OF JUDGMENT.

Reece v. Harrison

Crowther v. Appleby Michaelmas Term, Nov. 2.

Lond.-Avery v. Bowden

Brown o. Ackroyd In pursuance of the Summary Procedure on Bills

Reid & an. v. Hoskins

Hope o. Hayley of Exchange Act, 1855, we, the undersigned Masters Powell v. Hyde

Sterriker o. Farrell of the superior courts of common law, have fixed, sub

Reg. v. Hancock Durham-Hawkins o. Turzill ject to the approval of the judges of the said courts, Fray o. Potter Northumberland-Duxfield v. the following sums for costs to be allowed in cases in Derby-Reg. o. Pegg

Bell which the plaintiff has signed final judgment for de- Herts.-Drury v. Macnamara Liv'pool-Rourke o. Short fault of appearance, viz.

Essex-Nicholson o. Fidgett

De Oleaga 0. De Above 201. £ s. d. Surrey-Robinson v. Hunter

Meaurio
Burton v. Tannabill

Postlethwaite
Agency on country cases, including mileage 4 0 0
Town cases
3 8 0 Salop-Beeston v. Weate

Clarke Under 201.

Gloucester-Jeffries v. Great

Leake o. Young Western Railway

Tried during Term. Agency on country cases, including mileage 3 2 0

Cornwall-Broad v. Sloggatt Midd.-Mare v. Charles. Town cases

2 14 0
FORTUNATUS DWARRIS, | Masters of the
A. D. CROFT,

COMMON PLEAS.
Jas. Bunce,
Queen's Bench.

New Trials moved Michaelmas Term, 1855.
J. H. CANCELLOR,

Master of the

Surrey-Hunter o. Robinson Stafford - Hulse v. Hulse
Common Pleas.

Leicest.-Lord Hood v. Ken- Lincoln -- Rodgers o. Parker
W.H. WALTON,
Masters of the

dall

Liverpool - Davies v. Jones W.F. POLLOCK,

Exchequer.

Surrey-Douglas v. Watson
John C. TEMPLER,

Lond.-Godts v. Rose

Sussex-Simpson o. Lamb Midd.-Strong v. Foster Approved.

Midd.-Shepherd o. Conquest | Norfolk-Pulford o. George.
CAMPBELL,

C. CRESSWELL
John JERVIS,
Samuel MARTIN,

EXCHEQUER OF PLEAS.
FRED. POLLOCK,

CAARLES CROMPTON,
Jas. PARKE, R. B. CROWDER,

New Trials moved Michaelmas Term, 1855.
E. H. ALDERSON,
Jas. WILLES.

Midd.-Lee o. Bissett Liverpool-Graves v. Legg
WM. WIGHTMAN,

Oxford, Worcester,

Hernamano. Bow. & Wolverhampton

ker ORDERS IN COUNCIL.–BOROUGH COURTS OF NORTHAMP

Railway Co. v. Carmarthen-Jones v. Powell
Scudamore

Chester-Davies v. Roper
TON AND CAMBRIDGE.

Roy o. Turner Warwick-Austen o. Torre It is ordered by her Majesty in Council, that within

Same v. Same

Brownv.Overbury one month after such order shall have been made and

Same o. Same

Herts.- Lee o. Earl Cardigan published in the London Gazette all the provisions of

Fenwick v. Nevill Maidst.-Cooke u. Hopewell the Summary Procedure on Bilis of Exchange Act,

Mackenzie v. Pooley Croydon-Ogle v. Tummons 1855, shall apply to the Court of Record of the bo

Wallace v. Blackwall

Mann v. General rough of Northampton; and that the powers or duties Aylesb.-Lowndes v. Fountain

Steam Navigaincident to the provisions applied under the said act, Ipswich-Stansfield v. Bridges

tion Co. with respect to matters in the said Court of Record, Durham-Ogden v. Rutter

Strachan v. Barton shall and may be exercised by the recorder of the said Newcastle - Leideman v. Gray

Wiggett o. Fox court for the time being, and in his absence by the re

Thew o. Pybus Winchester-Watling & an.

v. Ekless gistrar of the said court for the time being, and by their Liverpool-Bell o. Buckley

Whittell v. Craw. Wells-Collins ». Bristol and respective deputies.

ford

Exeter Railway Co.
A similar order was made applicable to the Court of
Record of the borough of Cambridge, called the Court
of Pleas; and the registrar of the said court for the time

SPECIAL PAPER.-New Causes. being shall and may exercise the powers or duties inci- Marcon & an. o. Bloxam (Sp. Cawley o. North Staffordshire dent to the provisions applied under the said act with case)

Railway Co. (Ap) respect to matters in the said court.

Worms o. Storey (D)

Henderson v. Wawn (Ap)

Fernie & an. o. Tonge (D) Oakley v. Port of Portsmouth Court Papers.

Petrie o. Nuttall (D)

and Ryde United Steam Phillips & ors. 0. Briard (D) Packet Co. (Ap)

Barratt & an. 0. Becke (D) Koeber v. England (D). LORD CHANCELLOR'S COURT. The following appeals have been transferred from the paper of the Lords Justices to the paper of the Lord Chancellor :- SITTINGS OF THE CENTRAL CRIMINAL COURT. Edwards o. Hall Scales v. Maude

The Court has ordered that the days for holding the Sessions Hunt o. Dorsett

Wilshere o. Norfolk Railway for the ensuing year shall be as follows :-
Wickenden o. Rayson
Co.

1855. Horsfield o. Ashton (2 Ap- | Bartlett o. Salmon

Monday, April 7
peals)
Turner v. Irlam
Monday, November 26

May 12
Bewley v. Hanwell
Foster v. Cautley

December 17

June 16
Shaw v. Fisher
Mortimer v. Mortimer

1856.

July 7
Morley o. Morley
Stoddart o. Nelson

January 7

August 18
Simpson o. Chapman
Attorney-Gen. v. Stephens.

February 4

September 15
March 3

October 27.
EXCHEQUER CHAMBER.
The errors from the Queen's Bench were taken on Tuesday,
Thursday, and Friday, the 13th, 15th, and 16th instant. The

The Queen has been pleased to appoint James Camp; errors from the Common Bench will be taken on the day after bell, Esq., one of her Majesty's counsel, to be the Third term, and those from the Exchequer on the second day after Charity Commissioner for England and Wales, in the term.

room of the Rev. Richard Jones, deceased.

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11

11

LIST OF SHERIFFS, NOMINATED BY THE Rutlandshire-The Hon. Henry Lewis Noel, Ketton.
LORDS OF THE COUNCIL, FOR 1856.

Clarke Norris, Esq., Oakham.

Ayscough Smith, Esq., Bramston.

Shropshire-Edward Lloyd Gatacre, Esq., Gatacre Park. Bedfordshire-Colonel G. Thornton, Muggerhanger House.

Edmund Wright, Esq., Halston.
Talbot Barnard, Esq., Kempston.

The Hon. Arthur Legge, Cainton.
Sir George R. Osborn, Bart., Chicksands Priory. Somersetshire-John Hippisley, Esq., Ston Easton.
Berkshire-George Barker, Esq., Stanlake.

Sir Arthur Hallam Elton, Bart., Clevedon Court.
Richard Benyon, Esq., Englefield Park.

Sir Alexander Acland Hood, Bart., St. Andries. Charles Phillips Duffield, Esq., Oakley House. Southampton-James Edward Bradshaw, Esq., Fair Oak Park, Buckinghamshire-William F. Farrer, Esq., Brayfield House.

near Winchester. Philip Wroughton, Esq., Ibstone.

Wm. Charles Humphrys, Esq., Elm Lodge, BursleSir Harry Verney, Bart., Claydon House.

don, near Southampton. Camb. &. Hunt.-James Gay, Esq., Upwell.

The Hon. John Dutton, Hinton House, Alresford.
John Dunn Gardner, Esq., Chatteris.

Staffordshire-Richard Dyott, Esq., Freeford.
James Hall, Esq., Ely.

Thomas William Giffard, Esq., Chillington.
Cheshire-Richard Christopher Naylor, Esq., Hooton Hall.

The Hon. Edward Swynfen Jervis, Aston.
Wm. Atkinson, Esq., Ashton Hayes, near Kelsall. Suffolk-A. Arcedeckne, Esq., Glevering Hall, Hacheston.
George F. Wilbraham, Esq., Delamere House.

John George Weller Poley, Esq., Boxted Hall. Cornwall.Sir William Berkeley Call, Bart., Whiteford.

Peter Robert Burrell, Esq., Stoke Park, Ipswich. Thomas Graham Graham, Esq., Penquite.

Surrey, Edward R. Northey, Esq., Woodcote House, Epsom. Sir Henry Onslow, Bart., Hengar.

The Hon. G. J. Casendish, Lyne Grove, Chertsey. Cumberland-Sir Henry Ralph Vane, Bart., Hutton Hall and

John Labouchere, Esq., Broom Hall, Dorking. Armathwaite.

Sussex-William Crake, Esq.,

Hastings.
Charles Featherstonbaugh, Esq., Staffield Hall..

R. H. Nevill, Esq., Dangstein House, Midhurst,
Anthony Burn Steward, Esq., Chapel House.

William Drewe Lucas Shadwell, Esq., Fair Light Derbyshire-Alfred Miller Mundy, Esq., Shipley Hall.

Hall, Hastings.
Wm. Hatfield De Rodes, Esq., Barlborough Castle. Warwickshire-Sir Peter Van Notten Pole, Bart., Todenham
Gladwin Turbutt, Esq., Ogston Hall.

House, Gloucestershire.
Devonshire --- Sir Massey Lopes, Bart,, Maristow.

Henry Spencer Lucy, Esq., Charlcote Park.
James Samuel Pitman, Esq., Dunchideock.

Owen Pell, Esq., Radford.
John Henry Hippisley, Esq., Shobrook Park. Westmoreland - William Wilkinson, Esq., Warcop.
Dorsetshire-G. Whieldon the younger, Esq., Wyke House.

Luther Watson, Esq., Enlerigg, Windermere.
Sir John James Smith, Bart., Down House.

Robert Addison, Esq., The Friary, Appleby: Charles James Radclyffe, Esq., Hyde, Bere Regis. Wiltshire-Sir Francis Dugdale Astley, Bart., Everleigh. Durhan—Robert Smith Surtees, Esq., Hamsterley Hall.

C. W. Miles, Esq., Burton Hill House, Malmesbury. William Beckwith, Esq., Silksworth House.

Alfred Morrison, Esq., Fonthill Giffard.
Timothy Hutchinson, Esq., Egglestone Hall. Worcestershire-Francis E. Williams, Esq., Malvern Hall,
Essex-Robert Hills, Esq., Colne Engaine.

Solihull, Warwickshire.
John Francis Wright, Esq., Kelvedon Hall.

Francis Tongue Rufford, Esq., Prescott.
William Champion Russell, Esq., Upminster.

Edward Vincent Wheeler, Esq., Kyve House. Gloucestershire - Sir Charles Rushout Rushout, Bart., Seizin- Yorkshire - Harry Stephen Thompson, Esq., Kirby Hall. cote House, near Stow-on-the Wold.

Sir Joseph Radeliffe, Bart., Rudding Park.
Richard Rogers Copwell Rogers, Esq., Dowdeswell,

Robert Mitford, Esq., Hummanby.
near Cheltenham.

WALES.
Sir J. F. Davis, Bart., Hollywood House, Henbury. Anglesey-John Jacob, Esq., Llanfawr.
Herefordshire - Charles Williams Allen, Esq., The Moor.

William Williams, Esq., Tydden Mawr.
Richard Snead Cox, Esq., The Homme.

John Thomas Roberts, Esq., Ucheldre.
Robert Biddulpb, Esq., Ledbury.

Breconshire-Thomas Davies, Esq., Llangattock.
Hertfordshire-W. Joseph Myers, Esq., Porters, Shenley.

John Jones, Esq., Glanhowddû
William Reid, Esq., The Node, Codicote.

James W. Price Gwynne Holford, Esq., Buckland. William Wilshere, Esq., The Frythe, Welwyn. Cardiganshire-J. Propert, Esq., Blaenpistill, near Cardigan. Kent-Richard Paterson, Esq., Lusons, Chislehurst.

Thomas Henry Wenwood, Esq., Tyglyn Acron. Edward Ladd Betts, Esq., Preston Hall, Aylesford,

Thomas Hughes, Esq., Noyaddfaur. near Maidstone.

Carmarthenshire-George Watkin Rice, Esq., Llwynybrain. Sir Richard Tufton, Bart., Hokfield.

William Morris, Esq., Cwm.
Leicestershire-Cosmo George Charles Nevill, Esq., Holt.

Charles Morgan, Esq., Alltygog.
Hampden Clement, Esq., Snarestone Lodge. Carnarvonshire-Richard Trygarn Griffith, Esq., Trygarn.
Thomas Cosse, Esq., Osbaston.

Lieut.-Col. L. M.Donald, Plas Keha, Dyggyfylebi. Lincolnshire, Charles T. J. Moore, Esq., Frampton Hall.

James Edwards, Esq., M.D., Benarth.
George Knollis Jarvis, Esq., Doddington Hall. Denbighshire-John Edward Madocks, Esq., Glan-y-wern.
Right Hon.. Charles Tennyson D'Eyncourt, Bayons

John Jocelyn Ffoulkes, Esq., Erriviatt, Denbigh.
Manor.

John Jesse, Esq., Llanbedr Hall, Ruthin.
Monmouthshire-Edward Bagnall Dimmack, Esq., Pontypool. Flintshire-Edmund Peel, Esq., Bryn-y-pys.
Thomas Gratrex, Esq., Court St. Laurence.

Frederick Philips, Esq., Rhûal.
Godfrey Charles Morgan, Esq., Tredegar Park,

Robert Wills, Esq., Plasbellin.
Norfolk-Robert Kellett Long, Esq., Dunston.

Glamorganskire-John Samuel, Esq., Newton House.
Andrew Fountaine, Esq., Narford.

Evan Williams, Esq., Duffrynfrwd.
Sir Edward North Buxton, Bart., Cromer.

Edward Priest Richards, Esq., Plaesnewydd. Northamptonshire-0. W. Hambrough, Esq., Pipwell Hall. Merionethshire-John Priestley, Esq., Hafodygregoge. Wm. H. I. M. Dolben, Esq., Finedon Hall.

Hugh John Reveley, Esq., Brynygwin.
John Christopher Mansel, Esq., Cosgrove.

John Nanney, Esq., Maesynenadd.
Northumberland - Bryan Burrell, Esq., Broome Park. Montgomeryshire-James France France, Esq., Ystyncolsyn.
William Henry Charlton, Esq., Hesleyside.

Richard Herbert Mytton, Esq., Garth.
Lancelot John Hunter Allgood, Esq., Mainwick.

Maurice Jones, Esq., Fronfraith.
Nottinghamshire-S. W. Welfitt, Esq., Langwith Lodge. Pembrokeshire-Lewis Mathias, Esq., Llangwarren.
Richard Milward, Esq., Thurgarton Priory.

Sir John James Hamilton, Bart.
Jonathan Hardcastle, Esq., Blidworth Dale.

George Augustus Harries, Esq., Hilton.
Oxfordshire--Sir Henry Peyton, Bart., Swifts House.

Radnorshire - Robt. Baskerville R. Mynors, Esq., Evancoped. William Evetts, Esq., Tackley Park.

Sir W. Sarsfield Rossiter Cockburn, Knt., Downton. Henry Barnett, Esq., Glympton Park.

Charles Marsh Vialls, Esq., Hendrey.

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