'well, (6 Ves. 190), by making an exception in favour 'of joint tenants, tenants in common, and other persons, 'who cannot possess themselves of the title deeds of the 'estate in which they may be interested; but these 'will be mere matters of detail. "One other provision, however, it is submitted, will be indispensable, and cannot be objected to by the holders of equitable mortgages, for the great boon they will obtain in having their securities rendered indisputable; and that is, to render the memorandum of deposit lia'ble to the same stamp as is now imposed upon a legal 'mortgage; but, as many cases may occur, where equi'table mortgages may be created for the sole purposes of commerce, and to exist for very short periods, the same regulations, it is submitted, should be made, with regard to stamping these memoranda, as are in force in relation to agreements, viz. that it should not be compulsory upon the holders to stamp them immediately, but that no equitable mortgage should be put in force, or be receivable in evidence, without the memorandum of deposit being stamped; and that, if not stamped within twenty-one days after its being signed, the stamp should only then be affixed on payment of a 'certain penalty. EDWARD SMITH, Southampton, grocer, April 9 and May ELIZABETH FRANKLAND, Reading, Berkshire, widow, C. V. Smith and R. E. Goulding, Tottenham-court-road, linen drapers, April 9 at half-past 11, Court of Bankruptcy, 26 at 11, Westgate Inn, Newport, pr. d.-Thomas Robinson, pr. d.-David Storm, Cardiff, Glamorganshire, builder, April Leadenhall-st., tallow merchant, April 1 at half-past 1, Court of Bankruptcy, last ex.— -Geo. Hallett, Ryde, Isle of Wight, draper, April 13 at 1, Pier Hotel, Ryde, last ex.-Jos. Green"With the simple provisions above suggested, it is well and Stephen Greenwell, Shadforth-mill, and Crime-house, humbly conceived, the objections against equitable near Shadforth, and Sherburne, Durham, corn and flour deamortgages, so long urged on judicial authority, would lers, April 22 at 11, Bankrupt Commission-room, Newcastle'be effectually removed, while merchants and capital-upon-Tyne, last ex.-Chas. Nicholls, Shrewsbury, Shrop'ists would obtain all the advantages to be derived from 'them; and a considerable benefit would accrue to the ' revenue." London Gazettes. TUESDAY, MARCH 29. DECLARATIONS OF INSOLVENCY. shire, flannel merchant, April 18 at 11, Shire-hall, Shrewsbury, WILLIAM HOOPER, Reading, Berkshire, tobacco-manu-12, Court of Bankruptcy, aud. ac. and div. joint and sep. est.— facturer. John Brook and Thos. Brook, Stourbridge, Worcestershire, GEORGE BROWN, Pembroke-cottage, Chapel-st., Gros- April 21 at 12, Court of Bankruptcy, aud. ac. and div.-John venor-place, bricklayer, plasterer, and builder, BANKRUPTS. SAMUEL PALMER GLADSTONE, Crisp-st., East In- Denyer, High-st., Southwark, tailor, April 21 at 1, Court of Bankruptcy, aud. ac. and div.-Thos. Smith, Fore-st., wine merchant, April 20 at 11, Court of Bankruptcy, aud. ac.Wm. Straker, West Strand, bookseller, April 21 at 11, Court of Bankruptcy, aud. ac. and div.-Benj. Oliver and William Goodwin, High Wycombe, Buckinghamshire, drapers, April 21 at 11, Court of Bankruptcy, aud. ac.-J. Graham, Hackney-road, grocer, April 21 at half-past 11, Court of Bankruptcy, aud. ac.-Chas. Schofield, Kingston-upon-Thames, timber and coal merchant, April 21 at 12, Court of Bankruptcy, aud. ac. and div.-Rich. Catlin, Leicester, glazier, April 20 at 12, White Hart Inn, Leicester, aud. ac.-Rich. Edgell, New Inn, near Rownham-ferry, Long Ashton, Somersetshire, innkeeper, May 3 at 11, Commercial-rooms, Bristol, aud. ac.-Richard Marris, Chepstow, Monmouthshire, timber merchant, April 18 at 12, Beaufort Arms Inn, Monmouth, aud. ac.-Gylby Hairsine, York, linen draper, April 22 at 12, Guildhall, York, aud. ac.-John Anderson, Liverpool, oil merchant, April 20 at 12, Clarendon-rooms, Liverpool, aud. ac.-T. Molineux, Manchester, victualler, April 22 at 11, Commissioners'-rooms, Manchester, aud. ac.; at 10, div.-John Fowkes, Beeston, Nottinghamshire, grocer, April 19 at 11, George the Fourth Inn, Nottingham, aud. ac.- -Wm. Fretwell, Leeds, colonial merchant, April 22 at 10, Commissioners'-rooms, Leeds, aud. JOSEPH KILSBY, Roade, Northamptonshire, shoe-manu- ac.-Rest Fenner and Steph. Hobson, London-st., Fenchurchfacturer, April 8 at 11, and May 10 at 2, Dolphin Inn, st., corn factors, April 19 at 11, Court of Bankruptcy, fin. div. Northampton: Sols. Becke, Northampton; Low, Staple-Josh. Ewbanke, Crawford-st., Mary-le-bone, draper, April inn.-Fiat dated March 23. SAMUEL WILD, Manchester, coal dealer, April 22 and May 10 at 2, Commissioners'-rooms, Manchester: Sols. Taylor, Manchester; Wright, 5, New-inn.-Fiat dated March 19. JOHN DARBYSHIRE and SAMUEL POPE, Manchester and Clayton-bridge, Lancashire, and City of London, calico and mouseline de laine printers, April 13 and May 10 at 2, Commissioners'-rooms, Manchester: Sols. Sale & Worthington, Manchester; R. M. and C. Baxter, Lincoln's-innfields.-Fiat dated March 23. 19 at half-past 11, Court of Bankruptcy, fin. div.-T. Wright, London, coffin furniture dealer, April 19 at 12, Court of Bankruptcy, fin. div.-Geo. Smallfield, Newgate-st., printer, April 19 at half-past 12, Court of Bankruptcy, fin. div.-James P. Lloyd, Coventry-street, boot maker, April 19 at 1, Court of Bankruptcy, fin. div.-Rich. A. Jones, Friday-st., Cheapside, linen and Manchester warehouseman, April 20 at 12, Court of Bankruptcy, div.-Chas. M'Lean, Poland-st., Oxford-street, upholsterer, April 19 at half-past 12, Court of Bankruptcy, div.-Geo. and Geo. Evans, High-st., Southwark, hop mer chants, April 21 at 1, Court of Bankruptcy, div.-Alexander | Manchester, butcher, No. 58,255 C.; Richard Leake and Beauvais, John-st., Berkeley-sq., wine merchant, April 19 at George Lambert, assignees.-John Sharples, Bank-fold Yate 12, Court of Bankruptcy, div.-Chas. Brown, Oxford-street, and Pickup-bank, near Blackburn, Lancashire, farmer, No. china and glass dealer, April 20 at 11, Court of Bankruptcy, 58,881 C.; John Briggs and Peter Little, assignees.- John div.-Chas. Stocking, Paternoster-row, bookseller, April 20 Booth, Hulme, Manchester, out of business, No. 58,501 C.; at half-past 11, Court of Bankruptcy, div.-Robert M'Kinlay Harry Bentley, Wm. Craig, and Archibald Weir, assignees.and Alex. Marr, Silver-st., Wood-st., rectifiers, April 20 at James Makinson, Nova Scotia, Blackburn, Lancashire, joiner, 12, Court of Bankruptcy, div.-Arthur Oppenheim and Walter No. 58,217 C.; Thomas Thwaites, assignee. Mich. Oppenheim, Mansell-st., Goodman's-rents, timber mer- The following Prisoners are ordered to be brought up before chants, April 20 at half-past 12, Court of Bankruptcy, div.the Court, in Portugal-st., on Tuesday, April 19 at 9. John Baker, Sidmouth, Devonshire, brewer, April 27 at 12, Wm. Tinson, Holborn-hill, out of business.-Francis LayOld London Inn, Exeter, aud. ac.; at 2, fin. div.-Abrahamton Vass, Clapham, near the Church, Surrey, veterinary surTempest, Clayton-heights, Bradford, Yorkshire, worsted spin- geon.-Wm. Burn, Harrow-road, Paddington, auctioneer.ner, April 19 at 12, Commissioners'-rooms, Leeds, fin. div.; Thomas William Venn, Bell-yard, Gracechurch-street, porkat 1, aud. ac.-Peter Mann, Leeds, army contractor, April 21 butcher.-Francis Ambrosoni, Albion-place, Red Lion-street, at 10, Commissioners'-rooms, Leeds, aud. ac.; at 11, div. Clerkenwell, looking-glass manufacturer. George Myers, J. Hatfield, Manchester, and Bagguley, Chester, horse dealer, Bridgewater-square, Barbican, British lace manufacturer.-J. April 25 at 11, Commissioners'-rooms, Manchester, pr. d.; at 12, aud. ac.-Wm. Swift and Robert Crompton, Manchester, Warwicker, Hornsey-road, Islington, saddler.-J. Foulkes, Cook, High-st., Deptford, Kent, boot and shoemaker.-Thos. drapers, April 22 at 10, Commissioners'-rooms, Manchester, Upper Thames-street, locksmith.-Thos. Allen, Strand, artiaud. ac.; at 11, div.-John Molineux, sen., Liverpool, pro- ficial florist. fessor of music, April 18 at 12, Clarendon-rooms, Liverpool, April 21, at the same hour and place. aud. ac.; at 1, first and fin. div.-J. Young, Newport, MonJames Wilkinson, Great Queen-st., Lincoln's-inn-fields, mouthshire, ship builder, April 26 at 12, Westgate Inn, New-shoemaker.-Thos. P. Hoseason, Castle Hotel, Castle-street, port, aud. ac.; at 1, div. CERTIFICATES TO BE ALLOWED Unless Cause shewn to the contrary, on or before April 19. Henry Trent and Edwin W. Trent, Oldford, near Bow, rope makers. Sam. Tarbotton, Leeds, chemist.-George O. Brown, Sheffield, timber merchant.-Eliz. C. Radford, Josh. Radford, and Jos. Radford, Manchester, ironfounders.-Jas. Fanner, Basinghall-st., and Bradford, Wiltshire, woollen manufacturer.-Wm. Webb Ogbourne, Honey-lane, Cheapside, commission agent.-Geo. Anton and Geo. D. Mitchell, Corn Exchange, Mark-lane, corn factors. PARTNERSHIP DISSOLVED. James Fawcett, Benj. Wm. Rawlings, and D. A. Rivolta, Jewin-street, Cripplegate, and Romford, Essex, attornies and solicitors. SCOTCH SEQUESTRATIONS. and Chancery-lane, owner of race and steeple-chase horses.John Foster, Church-st., Stoke Newington, carpenter.-Rd. Petty, Old Jewry, machine-ruler.-Jas. Shiers, Charlton-st., Somers'-town, bricklayer.- John Waite, Newington-causeway, shoemaker.—Wm. Pitt, Great Marylebone-street, trunkmaker.-Wm. Hibbert, High-st., Whitechapel, butcher.-J. Cull, Norton-street, Marylebone, out of business.-Joseph K. Gillman, Stratford, and Leyton, Essex, tailor. Court-house, WARWICK, Warwickshire, April 21 at 10. William Jones, Birmingham, tailor.-Thomas Lester, West Orchard, Coventry, ribbon-weaver.-J. Miller, Attleborough, Nuneaton, miller.-Wm. Dawes, Birmingham, out of business. -Wm. Smith, Leamington Priors, coachman.-Wm. Finch, Birmingham, blacksmith.-George Johnson, Collycroft, Redworth, victualler.-Wm. Hill, Spark Brook, near Birmingham, wheelwright.-Samuel Duffield, Birmingham, gun-maker.Sophia Whall, widow, Birmingham, out of business.—Enock Hollins, Birmingham, jeweller.-Claude Brown, Studley, surgeon.-J. Gething, Birmingham, boatman.-Thos. Brookes, INSOLVENT DEBTORS. Beunsall, common carrier.-Rd. Vallant, Birmingham, merSaturday, March 26, 1842. chant's clerk.-Ed. Daniel, Atherstone, out of business.-T. The following Assignees have been appointed. Further Par- Cope, Birmingham, engraver.-Abraham Shute, Nuneaton, ticulars may be learned at the Office, in Portugal-st., Lin- pawnbroker.-Edwin Collins, Birmingham, warehouse clerk. coln's-inn-fields, on giving the Number of the Case. -Andrew Chambers, Birmingham, out of business.-Charles Jos. Bryant, Acton-green, Turnham-green, general dealer, Whitworth, Sparkbrook, near Birmingham, out of business. No. 52,721 T.; the Rev. Ebenezer Smith, assignee.-James Wm. Ball, Salford, near Alcester, out of business.—Wm. Simcox, Birmingham, upholsterer:-William Langford, BirBarlow, Wallgate, Wigan, Lancashire, joiner, No. 58,914 C.; Jas. Morris and Jas. Burland, assignees.-Geo. Oates, Truro, mingham, out of business.-Ed. Latham, Birmingham, schoolCornwall, draper, No. 52,302 C.; Parminter Cardell, assignee. Wm. Jones, Walsall, coach and harness-furniture-maker.-T. master.-James Wm. Ivens, Edgbaston, commission-agent. -Elizabeth Jones, Blaenllaine, near Llangeller, Carmarthen, widow, No. 58,450 C.; John Williams, assignee.-George C. Checketts, Aston, Cantlow, butcher.-Thomas Miller, BedHawes, Great Waltham, Essex, draper, No. 58,86 C.; John worth, out of business.-Wm. Miller, Attleborough, NunWilson, assignee.-Richard Baker, Ipswich, Suffolk, butcher, eaton, miller.-Geo. Morecroft, Tamworth, dealing in hops.No. 58,955 C.; Robert Garrod, assignee.-Samuel Blomfield, Jos. Clarke, Birmingham, horse-dealer.—William Thompson, Occold, near Eye, Suffolk, carpenter, No. 59,026 C.; William Ashted, Birmingham, chair-maker.-John A. Squiers, LeaBrown, jun., assignee.-John Shayler, Manchester, manufac-mington Priors, sheriff's officer's assistant. turer's traveller, No. 58,543 C.; Fredk. Furner, assignee.Robert Scholes, Bolton-le-Moors, Lancashire, butcher, No. 58,812 C.; Hugh Gillibrand, assignee.-Edward Duerden, Sabden, near Padiham, Lancashire, grocer, No. 58,854 C.; Hill Speak, assignee.-Jos. Johnson, Liverpool, tailor, No. 59,050 C.; Henry Duke Norman, assignee.-Thos. Bennett, Blackman-street, Southwark, boot-maker, No. 14,451 T.; G. Rands and Robert Arthur, assignees.-Wm. Donnan, Northplace, West-square, Southwark, traveller to a linen-draper, No. 52,767 T. Joseph Vickers, assignee.-Wm. Nettleship, Kirby-street, Hatton-garden, jeweller, No. 52,711 T.; Thos. Jeffreys, assignee.-Wm. P. Cowley, Hereford, out of business, No. 58,324 C.; Bernard Smith, assignee.-Samuel W. Darke, Red Lion-square, attorney at law, No. 27,602 T.; W. Warne, new assignee, in the room of William Waterman, deceased.-John Blackburn, Blackburn, Lancashire, out of busi ness, No. 58,242 C.; Thomas Dutton and Thomas Thwaites, assignees. Samuel Whitworth, Whalley-banks, Blackburn, Lancashire, shopkeeper, No. 58,912 C.; James Chadburn and FRIDAY, APRIL 1. DECLARATIONS OF INSOLVENCY. ABRAHAM CROSSFIELD, Whitechapel-road, and Highland's Farm, Comp, Leybourne, Kent, scrivener and hop planter. conist. PETER PYNE, Crooked-lane-chambers, provision broker. BANKRUPTS. ARTHUR JARRETT, Castle-st., Southwark, hat manufac turer, April 15 and May 13 at 1, Court of Bankruptcy: Off. Ass. Whitmore; Sols. Sheppard & Co., Cloak-lane.-Fiat dated March 26. SAMUEL GARCIA, Brydges-st., Covent-garden, shell fishmonger, April 7 at 11, and May 13 at 12, Court of Bankruptcy: Off. Ass. Belcher; Sol. Lewes, Albany, Piccadilly. FRANCIS KIRKHAM FOWELL and EDMUND THO- JOHN WRIGHT, Wolverhampton, grocer, and Lichfield, Bankruptcy, aud. ac.; at half past 1, fin. div.-A. Thomson, Leadenhall-st., merchant, April 25 at 11, Court of Bankruptcy, aud. ac.; at half-past 11, div.-Isaac H. R. Mott, Pall-mall, and Dean-st., Soho, piano forte maker, April 25 at 12, Court of Bankruptcy, aud. ac.; at half-past 12, div.-Peter Petrie, Liverpool, shipwright, April 25 at 1, Clarendon-rooms, Liverpool, aud. ac.; at 2, div.-—John Porter, Ordsall, Nottinghamshire, coach manufacturer, May 5 at 11, White Hart Inn, East Retford, aud. ac.-Rich. Waters, Newport, Monmouthshire, iron and tin plate manufacturer, June 1 at 12, Westgate Hotel, Newport, aud. ac.-E. Knight, Southampton, cabinet maker, April 23 at 12, Star Hotel, Southampton, aud. ac.; at 1, fin. div.-John R. Gorst, Liverpool, coach manufacturer, April 27 at 12, Clarendon-rooms, Liverpool, aud. ac.; at 1, div.-Wm. Toll, St. Germains, Cornwall, corn factor, April 25 at 11, Royal Hotel, Plymouth, aud. ac.; at 12, fin. div.-Dav. Paramore, Devonport, Devonshire, merchant, April 26 at 11, London Inn, Devonport, aud. ac.; at 12, div.-Benj. Jacques, Standard-hill, Castle of Nottingham, J. Cotton, Nottinghampark, Nottinghamshire, and Thos. Barfoot Oliver, Quorndon, Leicestershire, hosiers, April 28 at 12, George the Fourth Inn, Nottingham, aud. ac.; at 1, div. sep. est. of Thos. B. Oliver. April-Thos. E. Jones, Birmingham, Warwickshire, leather seller, April 29 at 2, Waterloo-rooms, Birmingham, aud. ac.; at 3, fin. div.-Jos. Armitage, Clayton, Bradford, and Jas. Greenwood, Swamp, Northowram, Halifax, Yorkshire, stuff manufacturers, May 3 at 12, Commissioners'-rooms, Leeds, aud. ac.; at 1, fin. div.-Chas. Hilton, Manchester, cotton and fustian manufacturer, April 25 at 11, Commissioners'-rooms, Manchester, div.; at 12, aud. ac.-Richard Turner, Ollerton, Nottinghamshire, farmer, May 5 at 11, White Hart Inn, East Retford, aud. ac.; at 2, fin. div.-J. Dawson, Hanley, Stokecen's Head Inn, Shelford, Staffordshire, aud. ac.; at 1, fin. div.-Chas. Ford, Hanley, Staffordshire, grocer, April 25 at 11, Saracen's Head Inn, Shelton, Staffordshire, aud. ac.; at 1, first and fin. div.-Wm. Spencer, Moorgate, Clareborough, Nottinghamshire, tanner, May 5 at 11, White Hart Inn, East Retford, aud. ac.; at 1, div. JAMES NUTTER, Cambridge, miller and merchant, WILLIAM VICKERS, Manchester, ironfounder and dyer, CHRISTOPHER JACKSON, Clitheroe, Lancashire, joiner and builder, April 22 and May 13 at 11, Court-house, Burnley: Sols. Hall, Clitheroe; Johnson & Co., 7, King's Bench-upon-Trent, Staffordshire, corn dealer, April 25 at 11, Sarawalk, Temple.-Fiat dated March 14. GEORGE MORRISON, Nottingham, lace manufacturer, April 8 at 12, and May 13 at 1, George the Fourth Inn, Nottingham: Sols. Hurst, Nottingham; Taylor & Collisson, 28, Great James-st., Bedford-row.-Fiat dated March 4. WILLIAM CARR and JOHN COULL CARR, Sunderland, Durham, merchants, April 14 at 1, and May 13 at 11, Bridge Inn, Sunderland: Sols. Keenlyside & Harle, Newcastle-upon-Tyne; Cuvelje & Co., 19, Southampton-buildings.-Fiat dated Jan. 11. BAILEY HILLYARD, Bristol, freestone, coal and timber merchant, April 9 and May 13 at 2, Commercial-rooms, Bristol: Sols. Smith, Bristol; Clarke & Medcalf, 20, Lincoln's-inn-fields.-Fiat dated March 14. ELIZABETH LINSTEAD, Liverpool, pawnbroker, April 16 and May 13 at 1, Clarendon-rooms, Liverpool: Sols. Norris, Liverpool; Chester & Toulmin, Staple-inn.-Fiat dated March 29. SAMUEL WAGSTAFF, French's Wharf, Saddleworth, Yorkshire, grocer, corn, and provision dealer, April 23 and May 13 at 2, Commissioners'-rooms, Manchester: Sols. Johnson, Manchester; Wathen, 28, St. Swithin's-lane.-Fiat dated March 28. MEETINGS. Wm. T. Lee, Heath, near Wakefield, Yorkshire, merchant, April 13 at 11, Commissioners'-rooms, Leeds, pr. d.-Rich. Thelwell, Manchester, silversmith, April 22 at 12, Commissioners'-rooms, Manchester, ch. ass.-Fred. Aug. Wheeler, Birmingham, percussion cap manufacturer, April 13 at 2, Waterloo-rooms, Birmingham, ch. ass.-Hen. Fish, Prince's-row, Pimlico, painter, April 14 at half-past 11, Court of Bankruptcy, last ex.-) -Mich. Danks, Hatton-garden, carpet warehouseman, April 14 at 2, Court of Bankruptcy, last ex.-1 -William Nicholls, Adam's-mews, Edgeware-road, livery stablekeeper, April 11 at half-past 1, Court of Bankruptcy, last ex.-Geo. Bishop, St. Mary Axe, insurance broker, April 12 at 12, Court of Bankruptcy, last ex.- -T. Gidden, Farringdon, Berkshire, licensed victualler, May 20 at 10, Bell Inn, Swindon, Wiltshire, aud. ac,; at 12, last ex.; at 1, div.-Geo. Swift, Manchester, tailor, April 25 at 1, Commissioners'-rooms, Manchester, last ex.-Jas. G. Smith, St. James's, Bath, common brewer, May 4 at 12, Lamb Inn, Bath, last ex.-Chas. Danieli, Oxford-st., jeweller, April 22 at half-past 1, Court of Bankruptcy, aud. ac. -Jas. Palmer, Upper Whitecross-st., carpenter, April 22 at 11, Court of Bankruptcy, aud. ac. and div.-Ant. Lafargue, Great St. Helens, London, merchant, April 22 at 11, Court of Bankruptcy, aud. ac.-Pieter Van den Ende, London-wall, and Milton, Kent, wool merchant, April 25 at 1, Court of CERTIFICATES TO BE ALLOWED, SCOTCH SEQUESTRATIONS. INSOLVENT DEBTORS. April 25, at the same hour and place. Anthony Clark, Melbourne-place, Old Kent-road, Surrey, out of business.-Saml. Hopson, Long-lane, Smithfield, turner in general.-John Done, Temperance Coffee-house, Aldersgate-street, out of business.-Thos. Hill Sayer, Churchrow, Islington, dyer.-Marx Hirschmann, King-square, Goswell-road, and Great Winchester-st., Old Broad-st., general merchant.-Henry Wheeler, Little George-st., Hampsteadroad, out of business.-Chas. Barnett, Primrose-street, Dogrow, travelling on commission. John Whitley, Wood-street, CHANCERY REPORTS. Cheapside, out of business.-Jas. Marchbank, Watford, Hertfordshire, tea-dealer.— Thomas Cook, Giltspur-street, West This day is published, Part 1, Vol. 1, royal 8vo., price 88. 6d. Smithfield, tailor. Court-house, COVENTRY, (City), April 25 at 10. sewed, John Payne, Coventry, ribbon-weaver.-John Yates, Co-REPORTS of CASES argued and determined in the ventry, out of business.—John Orton, Foleshill, Coventry, surgeon.-John A. F. Dawson, Coventry, surgeon.-Ezekiel Sanders, Coventry, weaver.-Elizabeth Ward, Sowe, Coventry, weaver.-Thos. Joiner, Coventry, huckster.-C. Green, Kearsley-green, weaver.-William Peters, Coventry, weaver. INSOLVENT DEBTOR'S Dividend. Hephzibah Cragg, Exeter, electrician, April 8, Laidman's, Exeter: 208. in the pound. EQUITY SITTINGS, EASTER TERM, 1842. Rolls Court. Before the Right Hon. the MASTER OF THE ROLLS, at Friday.... April 15 ....... Westminster. HIGH COURT of CHANCERY in IRELAND, during the time of Lord Chancellor SUGDEN; commencing with Michaelmas Term, 1841. By HENRY CONNOR and JAMES A. LAWSON, Esqrs., Barristers at Law. Arrangements have been made for the publication of this series of Chancery Reports, with the utmost promptitude and accuracy. Dublin: Andrew Milliken, 104, Grafton-street, bookseller to the Hon. Society of King's Inns. London: Messrs. Stevens & Norton; S. Sweet; and all the Law Booksellers. This day is published, price 10s. 6d., Vol. 1, Part 1, REPORTS of CASES argued and determined in the HIGH COURT of CHANCERY, during the time of Lord Chancellor SUGDEN. By WILLIAM B. DRURY and ROBERT R. WARREN, Esqrs., Barristers at Law. ***The Publishers beg leave to inform the Profession, that the Reports of Messrs. Drury & Warren, are submitted to Pleas, Demurrers, Causes, Further Di. them under the sanction of the Lord Chancellor of Ireland, Sir Edward Sugden. rections, and Exceptions. Motions. 16 Petitions in General Paper. Monday.... 18 Saturday Motions. ...... Hodges & Smith, Dublin; and Messrs. 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Orders for THE JURIST given to any Newsman, or letters ortake, late of Portugal Street), 26 and 39, BELL YARD, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country. London: Printed by WALTER M'DOWALL, PRINTER, 4, PENBERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER and PUBLISHER, 3, CHANCERY LANE. Saturday, April 3, 1848. No. 274. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and House of Lords NOTICE TO CORRESPONDENTS. At the request of several Subscribers, we shall give at the end of each quarter a Table of the Names of the Cases published during that period. LONDON, APRIL 9, 1842. E. KEMPSON, Esq. of the Middle Court of Queen's Bench G. J. P. SMITH, Esq. of the Inner Temple; and Queen's Bench Bail Court Temple, Barristers at Law. Now, but for the great inattention with which the It appears, that the mode of printing adopted in the current Mutiny Act, and the Articles of War, are habitually volumes of THE JURIST is not understood by all of our treated by lawyers, such an application could never beribers to the binder it will present no difficulty; but have been thought of. The Mutiny Act gives power we may here repeat the statement contained in our first mber: that the Miscellaneous Matter and the Reports to the Crown to call Courts Martial into existence, and are intended to form distinct volumes, and are separately limits the powers with which such Courts may be inpaged, and so made up, that, after cutting open the num-vested; but does not, of itself, create any such Courts. Ver, the ten or twelve (as the case may be) inner leaves of A Court Martial is a Court created pro hâc vice, by virReports may be removed from the enveloping leaves of Miscellaneous Matter. tue of the authority of the Crown, in pursuance of the powers given to it by the Mutiny Act. It is called into existence for the trial of some particular case; and having tried and adjudicated on the matter brought before it, its existence terminates of itself, and it has no continuance, either of authority or of liability*. The sentence of the Court is, in effect, the sentence of the Crown, because, by the Articles of War creating the Court, its sentence cannot be carried into effect until it has been confirmed by the Crown, or by the officer to whom the Crown has delegated its power of confirming or annulling it. It is clear, therefore, that the Chancellor can have no authority or power to interfere, after sentence, against the decision of a Court Martial. Upon the Court itself he cannot act, because it has wholly ceased to exist. And, as regards the sentence, whether it be just or unjust, it is the sentence of the Crown, passed in conformity with powers vested in it by the Legislature, and cannot be reconsidered, except by the Crown, or some body to whom it shall delegate its au It does not often fall within the province of the practising lawyer to have any concern with the proceedings of Courts Martial, or to conduct matters depending on the construction of the Mutiny Act, and the Articles of War. Accordingly, we believe, that there is no act to be found in the statute book which is so invariably passed over unnoticed as the Mutiny Act; and no Courts, whose constitution, powers, and proceedings, are so little known to the profession as those of Courts Martial. We remember a striking instance of this while Lord Brougham presided in the Court of Chancery. An application was made to his Lordship, on the part of a person who had been tried and sentenced to a certain punishment by a Court Martial, to alter the sentence of the Court Martial, and to restrain the continuance of the punishment awarded. But the Lord Chancellor answered, that the Court Martial, having adjudicated, was at an end; irrevocably defunct, and gone; and asked, whether he had jurisdiction to order the Crown to constitute a fresh Court Martial to reconsider the sentence of the former one, observing that, if, as he conceived, he had not, there was no person in existence to whom he could address his order. VOL. VI. M *This is strikingly exemplified by the case of Lieut. Fry. (See Palmer's Pract. of the Privy Council, 1831, p. 3, and 1834, p. 39). In that case, Lieut. Fry, having been tried by a Court Martial, and having had sentence passed upon him, used, after the sentence pronounced, language grossly insulting to the members of the Court, who thereupon condemned, or assumed to condemn him, in punishment of his further offence, to severe imprisonment. But, on an action brought by Lieut. Fry against the President of the Court Martial, he recovered a verdict for heavy damages, the further sentence of the Court Martial, after it had pronounced its original sentence on the matter before it, being held altogether without authority and illegal. |