rupt Commission-room, Newcastle-upon-Tyne, aud. ac.; at 2, first and fin. div.-George Jos. Green, Birmingham, glass manufacturer, August 11 at 2, Waterloo-rooms, Birmingham, aud. ac.; at 3, div.-Thos. Beal, Sandwich, Kent, hayman, Aug. 15 at 6, Bell Inn, Sandwich, aud. ac.; at 7, fin. div.Josiah Bird, Coventry, fringe manufacturer, August 13 at 12, Craven Arms Hotel, Coventry, aud. ac.; at 1, first and fin. div.-Harry Harris, Faversham, Kent, grocer, Aug. 16 at 3, Guildhall, Canterbury, aud. ac. and div.-Joel Gardiner, Bristol, common brewer, August 12 at 2, Commercial-rooms, Bristol, div.-Thomas Daniell, Boulogne, France, copper STEPHEN KNIGHT, Mount-pleasant-farm, West Hoath- smelter, Nov. 25 at 12, Pearce's Hotel, Truro, div.-James ley, Sussex, cattle dealer. JOHN M'GAKEY, Liverpool, printer. BANKRUPTS. Taylor, Brighthelmstone, Sussex, bookseller, Sept. 1 at halfpast 2, Town-hall, Brighthelmstone, div. CERTIFICATES to be ALLOWED, JOHN MILLS, London-wall, canal carrier and wharfinger, Unless Cause shewn to the contrary, on or before Aug. 12. Aug. 1 and Sept. 2 at 11, Court of Bankruptcy: Off. Ass. Benj. Thompson, Wylam, Northumberland, and NewcastleGraham; Sols. Wood, jun., Woodbridge, Suffolk; Water-upon-Tyne, iron manufacturer.-Chas. Robottom, Black Bull man & Co., 23, Essex-st., Strand.-Fiat dated July 13. Inn, High Holborn, victualler.-James Laycock, Colne, LauHENRY FAWCUS and ROBERT FAWCUS, Stockton-cashire, tallow-chandler.-Richd. Lamprell, Sherborne-lane, upon-Tees, Durham, timber merchants and ship and insur- builder.-Wm. R. Piggott, Goldsmith-street, Wood-street, ance brokers, Aug. 4 and Sept. 2 at 1, Murray's Hotel, carpet warehouseman-Thos. Quaife, Thomas Jones Tyrrell, Black Lion, Stockton-upon-Tees: Sols. Scaife, Newcastle and Jas. Quaife, North-end, Fulham, brewers. upon-Tyne; Swain & Co., 6, Frederick's-place, Old Jewry. FIAT ANNulled. -Fiat dated June 16. GEORGE SKIPP, Malvern Wells, Hanly Castle, Worcestershire, cider merchant, vinegar distiller, and chemist, Aug. 1 and Sept. 2 at 11, Elgie's, Worcester: Sols. Reece, Ledbury; Elgie, Worcester; Clarke & Medcalf, Lincoln's-inn fields.-Fiat dated June 29. CHARLES TIMMIS, Darlaston-green, Stone, Staffordshire, WILLIAM SEDDON and FRANCIS JORDAN, St. He- JOHN WALSH and ELIJAH HALFORD, Nottingham, MEETINGS. Richd. B. Scale, Halstead, Essex, farmer. SCOTCH SEQUESTRATIONS. Glasgow, bookbinders.-Nichol and Taylor, Edinburgh, litho David Irons, Dundee, grocer.-John Charles, jun., and Co., Cupar-Fife, writer.-James Scott, Drumachurn, Glenshee, graphers.-Wm. Lawson, Dundee, grocer.-Thomas Pratt, farmer.-Andrew Craigie, Petglesmuir, near Dunfermline, ship-owner.-Thos. Peat Smith, Blairgowrie, merchant and draper. INSOLVENT DEBTORS. The following Prisoners are ordered to be brought up before the Court, in Portugal-st., on Friday, Aug. 12 at 9. Geo. Hartley, Charles-st., Hampstead-road, boot manufac turer.-Wm. Wilson, Slater-st., Bethnal-green, silk-weaver.Hen. Brown, John's-yard, near the Yorkshire Stingo, Lissongrove, Marylebone, cab-driver.- Isabella Pringle Scott, Sackville-st., St. James's, lodging-house keeper.-Wm. Howard, Grove-road, Mile-end-road, clerk to the East and West India Dock Company.-Chas. J. Tolman, Hooker's-court, Nicholas-lane, Lombard-st., tailor.-Geo. Price, York-place, Mileend-road, solicitor.-Irene Oshaughnessy, Titchfield-street, Soho, widow.-Wm. A. Bowers, Thornton-st., Horselydown, Southwark, butcher.-James Anderson, Cumberland-street, Middlesex-hospital, St. Marylebone, furniture japanner.-The Rev. Joshua George Kelly, London-wall, clerk.-John Ewer Poole, Elizabeth-place, Princes-road, Kennington, Surrey, auctioneer.-Sylvia Green, Ponders-end, near Tottenham, ont of business.-Ann Yeaman, Curtain-road, Shoreditch, Saint Leonard's, widow. Aug. 13, at the same hour and place. Wm. Row, sen., Munster-st., Regent-street, assistant to a potato salesman.-Thomas Warington, Smith's-gardens, Out Liberty, Lambeth, out of business.-Jonathan Abbott, LeighChelsea, grocer.-Alfred Carlile, Water-lane, Fleet-st., out of street, Burton-crescent, baker.-Jabez Packer, Pond-place, business.-Robert Dunkin, Church-st., Waterloo-road, manufacturing chemist.-John Lawrence, Warwick-st., Newlandstreet, Kensington, plasterer.-John Taylor, Edward-street, Regent's-park, not following any trade.-Thos. Geo. Bucke, York-st., Portman-sq., accountant.-Wm. Rob. Ives, Towerstreet, Seven-dials, out of business.-Wm. Fulford, Cross-st., Islington, commercial traveller.-Hen. P. Simonds, De Beauvoir-square, Kingsland-road, dealer in East and West India produce.-John Veal, Gatward's-buildings, Hill-st., Finsbury, currier.-Geo. Benj. Vaughan, Church-st., Deptford, Kent, plumber. Wm. Knott, Swallow-st., St. James's, wine cooper, Aug. 5 at half-past 1, Court of Bankruptcy, pr. d.-Charles Gatehouse, Chichester, brewer, Aug. 1 at 1, Dolphin Inn, Chichester, last ex.- -Samuel Magnus, Dover, Kent, slopseller, Aug. 15 at 1, Shakespeare Hotel, Dover, last ex.; at 2, aud. ac.-William Burrell, Chingford, Essex, farmer, Aug. 15 at half-past 11, Court of Bankruptcy, aud. ac.-William Morri. son, Globe-street, Wapping, cooper, and yeast and spirit merchant, Aug. 15 at 12, Court of Bankruptcy, aud. ac.Charles Crook, George-yard, Long-acre, livery-stable keeper, Aug. 15 at half-past 12, Court of Bankruptcy, aud. ac. and div.-Geo. Booth, Princes-st., Lambeth, Surrey, lime-burner, Aug. 15 at 11, Court of Bankruptcy, aud. ac.-Edwd. Smith, Lawrence-lane, woollen warehouseman, Aug. 13 at 1, Court of Bankruptcy, aud. ac. and div.-Richd. Palliser, Moorgatest., saddler, Aug. 13 at 12, Court of Bankruptcy, aud. ac. and div.-Abraham Crossfield, Whitechapel-road, Saint Mary, Whitechapel, and Highlands-farm, Comp, Leyburne, Kent, scrivener, Aug. 13 at 11, Court of Bankruptcy, aud. ac. and div.-Elizabeth Linstead, Liverpool, pawnbroker, Aug. 15 at 1, Clarendon-rooms, Liverpool, aud. ac.-Samuel Chadwick, Court-house, STAfford, (County), Aug. 12 at 10. Jas. Chadwick, and John Chadwick, Heywood, Lancashire, John Cotton, Wolverhampton, butcher.-Herbert Wilkincotton-spinners, Aug. 18 at 3, div.; at 4, aud. ac. sep. est. S. son, Bloomsbury, Wolverhampton, provision dealer.-William Chadwick; Aug. 19 at 10, div.; at 11, aud. ac. joint est.— Vaughan, Wolverhampton, out of business.-John Warren, Philip Buller, Leamington Priors, Warwickshire, butcher, Langton, dealer in coals.-Wm. Bullock, Newcastle-underAug. 15 at 12, Lansdowne Hotel, Leamington Priors, aud. Lyme, general furnishing ironmonger.-Moses Foster, Darac. and first and fin. div.-John Robson and Wm. Kimpster laston, gun-lock forger.-Geo. Nash, sen., Rugeley, victualler. Robson, Newcastle-upon-Tyne, grocers, Aug. 12 at 1, Bank--Wm. Walker, Tunstall, grocer.-William Ward Wilkes, Catherine-cross, out of business.-J. Rowley, Wolverhampton, miner.-Wm. Brough, Stafford, shoemaker.-James Yates, Hanley, Stoke-upon-Trent, engineer.-W. Machin, Longton, Stoke-upon-Trent, grocer.-Jas. Bradshaw, Forsbrook, Dilhorn, near Cheadle, farmer.-Wm. Walker, Shelton, Stoke LAW BOOKS recently published by S. Sweet, 1, Chancery- upon-Trent, grocer.—Elias Bradshaw, Croxton Bank, Ec- BURN'S ECCLESIASTICAL LAW. The Ninth cleshall, labourer.-John Palmer, Basford Bank, Stoke-upon- Court-house, OLDBURY, Salop, Aug. 15 at 10. out of business. INSOLVENT DEBTORS' DIVIDEND. Edition, corrected, with very considerable Additions, including the Statutes and Cases to the present Time. By ROBERT PHILLIMORE, Advocate in Doctors' Commons, Barrister of the Middle Temple, &c. &c. *Very considerable Additions have been made by the present Editor-several Chapters are entirely new; such, among others, are those on the Legal Status of the Church in Ireland and Scotland, in the Colonies, and in Foreign Dominions-on the Practice of the Courts in Doctors' Commons-on the Ecclesiastical Commissioners-on the Marriage Acts-on Chaplains-on the Councils of the Church, &c. &c. &c. Throughout have been added copious Marginal Notes, both to the Old and New Text, and to all the principal Chapters a Table of Contents with pages of reference to the subject. Just published in 1 Vol. 12mo., price 128. boards, Edu. Cocker, Wilmington-sq., Clerkenwell, out of business, issued on and since the 3rd of April, 1838; and also the recent MEMBER RETURNED TO SERVE IN PARLIAMENT. The Hon. William Edward Fitzmaurice, for the county of Buckingham, in the room of Sir William Lawrence Young, Bart., deceased. SIR JEOFFREY PALMER.-After the happy restoration of Charles II. Sir Jeoffrey Palmer was the first Attorrey-General, and held the place to the time of his death. He was a man of great ability in the law, and in that profession was what a lawyer should be, that is, master of, and not superior to, so as to despise, the learning of his own profession; but yet his wisdom and generosity were incomparable. During all the troubles of the times he lived quiet in the Temple, a professed and known cavalier; and no temptation or fear ever shook his principles. He lived then in great business of conveyancing, and had no clerks but such as were strict cavaliers. One, I have heard, was so rigid, that he could Lever be brought to write Oliver with a great O. And, it was said, the Attorney chose to purchase the manor of Charleton, because his master's name sounded in the style of it. Such amusements may be allowed to please and divert a zealous old gentleman that lived to see and enjoy all the fruits of his honest ambition. When he was first made Attorney-General, he had means, by the universal renewal of grants, and the floating of all manner of concerns of the Crown, which settling must pass by him, to have amassed vast wealth, as others have done and do. But he was mindful of his old friends, the cavaliers, and generally gave them their fees, and not only to such as he knew poor, for a sort of charity, but to others that had less need, out of generosity, and as a mark of his friendship and recognition of their merits. It was affirmed, that the patents granted to General Monk, passing his office, came to near 25007. in fees, and for honour and gratitude he took not a penny for himself. Such instances are rare, and no wonder, for in our days, the like would fail of due applause, and be despised as a foolish weakness. It was observed, that all those persons who were in his conversation or acquaintance, as well as employment, were not only loyal, but in all other respects very worthy men, and such as adhered to him to the last hour of his life, and after he was gone, kept their integrity and resolution to the end of their own, for very few, if any, of them are yet living. He was a great lover of his profession, and took a pleasure to encourage young students, and admitted divers of them, in his Society of the Middle Temple, to have access to him at evenings, and to converse familiarly with him, and he was not only affable, but condescended to put cases, as they term it, with them.-North's Examen, p. 510. Statutes relative to Practice. By S. ATKINSON, Esq., of ***To the Student preparing for his Examination this will prove an invaluable Summary of the present Practice of the Court, as it contains the latest Decisions and Orders, arranged in a clear and compact form. 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MENT of the COMMON LAW, as altered and estab- In one volume 8vo., price 14s. boards. lished by the Recent Statutes, Rules of Court, and Modern Decisions; comprising a full Abstract of all the Cases argued and determined in the Courts of Common Law and on Appeal, with the Rules of Court from Michaelmas Term, 1824, to Michaelmas Term, 1840, inclusive, and of the Statutes passed during the same period, with connecting and illustrative References to the Earlier Authorities, and Explanatory Notes; designed either as a SUPPLEMENT to the Author's Abridgment, or as a SEPARATE Work. By CHARLES PETERSDORFF, of Portugal Street), 20 and 99, BELLARD. will insure its rubika. Esq., of the Inner Temple, Barrister at Law. V. and R. Stevens & G. S. Norton, Law Booksellers and Publishers, (Successors to the late J. & W. T. Clarke, of Por containing a regular and didactic discussion of the science, and "This work is the first English Treatise which I have seen, it is a work of great excellence; and I beg leave to recommend it strongly to the attention of the American Students."-Vide Kent's Commentaries, American Law, vol. 1, page 3. Orders for THE JURIST given to any Newsman, or letters (post-paid) sent to the Office, No. 3, ČHANCERY LANE, or to V. & B. delivery in London, or its being forwarded on the evening of publica No. 290. LONDON, JULY 30, 1842. PRICE 18. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: Ix another part of THE JURIST will be found the Lord Chancellor's Bill for "altering the Practice and Course of Proceeding under Commissions in the Nature of Writs de Lunatico Inquirendo," as amended by the committee in the House of Commons. There seems every reason to anticipate that this bill will pass into law, and not less reason to believe, that it will constitute a marked improvement in the practice in Lunacy. It appears intended, as indeed is expressed indirectly by the title, not to make any alteration of the law of Lunacy. It proposes no changes in the rules which guide to an estimate of what constitutes lunacy, or in the rights, disabilities, and liabilities of lunatics; nor does it alter the practice up to the point when a commission of lunacy is obtained. All the proceedings taken for the purpose of satisfying the Lord Chancellor that there is ground for issuing a commission to inquire into the fact of lunacy, remain exactly what they were before. The alteration in the practice commences with the issue of the commission; and consists in this, that the commission or writ de lunatico, instead of being directed to commissioners specially appointed, if the case be a country case, or to the metropolitan commissioners, if the case fall within their circle, will be addressed to both, or one of two commissioners appointed under the act to be such during good behaviour. These two commissioners are not only to execute the duty of sitting as presiding judges on the inquisition, and in fact to stand in the place of the commissioners hitherto specially named, but are also, under the 3rd section, to stand in the place of the Masters in Chancery, for the purpose of inquiring and reporting to the Court on such references now usually made to the Master, as shall be ordered by the Lord Chancellor to be made to the new commissioners. The words of the clause are, "That it shall and may be lawful for the Lord Chancellor from CC VOL. VL. time to time to order and direct, that any of the inquiries and matters connected with the persons and estates of lunatics, usually referred to the Masters in ordinary of the High Court of Chancery, shall be referred to such commissioners, or one of them; and such commissioners shall jointly or severally have, perform, and execute all the powers, duties, and authorities relating to the said inquiries and matters so referred to them as aforesaid, now had, performed, and executed by the Masters in ordinary of the said Court of Chancery; and such other duties for the security and advantage of lunatics and their estates, as the Lord Chancellor shall from time to time order and direct." The jurisdiction of the Masters is therefore not abolished, and references may still be made to them if the Lord Chancellor shall so think fit. No doubt, however, in practice, all references of ordinary matters, such as references to inquire what will be a fit and proper allowance for the lunatic, whether leases should be granted, and on what terms, whether repairs should be made, and a multitude of references on other similar objects of inquiry, all now conducted with an expense and delay wholly disproportioned to their difficulty and importance, will be made to the Commissioners in Lunacy; and it appears by the concluding sentence of the clause, that the Lord Chancellor may exercise in fact an unlimited discretion in committing to them the execution of any duties that he may consider of advantage to lunatics and their estates. One great cause of delay and expense in the mode of proceeding in inquiries before the Master in matters of lunacy, has been, as is well known, the practice, nearly universal in all equity proceedings, of taking all the evidence in writing,-a mode of taking evidence only to be approved perhaps when it is applied to the single case of making a party give evidence against himself; and for every other purpose excessively inferior to the practice of taking evidence vivâ voce. In inquiries in lunacy as to the management of the lunatic or of his estate, the matters requiring proof are very frequently of a nature to call for the testimony of persons practising scientific professions, and whose evidence by affidavit is therefore, independently of all the other disadvantages of written evidence, peculiarly open to the disadvantage arising from the use of technical terms and professional modes of expression, tending to invest the depositions with ambiguity, when construed by persons ignorant of that particular branch of science". The Bill now before us does not in terms lay down any new rules as to the mode of taking evidence before the Commissioners, but under the powers given to the Lord Chancellor by the 7th section to make such orders as he shall think fit for regulating the form and mode of proceeding, it seems clear that he will have power to direct evidence to be taken vivâ voce; and from what fell from his Lordship in the House of Lords, in introducing this Lunacy Bill to the House, it seems most probable that one departure from the practice of the Masters' Offices will be, to hear evidence vivà voce upon references to the Commissioners. We may observe, en passant, that the concluding sentence of the 7th clause does not possess the unusual clearness and efficiency which, contrà consuetudinem Parliamenti, mark the rest of this Bill. The Lord Chancellor is empowered to make orders, "provided that a copy of such orders shall be laid before both Houses of Parliament within fourteen days after the same are made, if Parliament be then sitting, or if not, within fourteen days after the commencement of the next Session of Parliament." If it be intended merely that the orders shall not take effect without notice to Parliament, and that the notice is to give them their validity, it is difficult to see why such a proviso should have been introduced; as the mere giving notice to Parliament seems of very little use, unless Parliament is to exercise some power of discussing the propriety of the orders. Parliament has, no doubt, a general jurisdiction to discuss and repeal Orders of Practice, as well as any other rule of any kind; but it is not the practice of Parliament to exercise such a jurisdiction over Rules of Practice, unless its sanction is made requisite by Act of Parliament. This Bill does not make the sanction of Parliament, either actual or implied, requisite to the validity of the orders, but only the fact of their being laid before Parliament; and being so laid before Parliament, no further notice, so far as this Bill prescribes, is to be taken of them. We apprehend that, practically, such a clause is a mere nullity, and leaves the power of the Lord Chancellor to make Orders wholly unfettered. Possibly that is the intention, but if so, it is not clearly expressed. With regard to the general effect of this Bill, should *It is very common in the courts of equity, in cases requiring the evidence of scientific persons, to see the court withhold its decision, and send the matter back to the Master or else to a court of law, (according to the mode in which it comes before the court), not because the court has any difficulty on the law, if the facts were clear; nor because the evidence when under. stood is of itself conflicting; but because some expressions of the scientific witnesses are ambiguous, in the absence of explanation, and there is no opportunity of explaining them. In any proceeding in which vivâ voce evidence was admitted, the meaning of the witness would be at once obtained by recalling him and asking him a few questions. it pass into a law,—if we look at the indicia of fitness in the Commissioners contained in the first clause, viz. the standing in the profession required to qualify them, and the rank which not less their pecuniary remuneration than the arduous and responsible nature of their duties will give them, there can be little reason to doubt that men of tried ability and learning must always be chosen to fill the office of commissioner. And with regard to the changes effected in the administration of the law affecting lunatics,-keeping in view the tendency of the transfer of jurisdiction of itself to produce dispatch and economy, and the almost certainty that, in conformity with the avowed object of the Bill, the Lord Chancellor will so frame the General Orders and Rules of Practice as effectively to carry out that tendency, we trust to see the administration in lunacy so changed, that the protection of the Court of Chancery shall be accessible at a cost bearing some reasonable proportion to the amount of moderate fortunes. Imperial Parliament. HOUSE OF LORDS. Lord Brougham laid on the table two Bills for the Improve ment of the Law of Bankruptcy, and the facilitating Arrangements between Debtor and Creditor. The present Bills did not go the length of the total abolition of imprisonment for debt, but tended greatly to relax the principle. By the first of these Bills facility was given for arrangements between debtor and creditor, and for giving increased protection to the neral law of debtor and creditor. It proposed to enable every debtor from arrest of his person. But it did not alter the ge debtor to petition a Court of Bankruptcy, after due notice to three-fourths of the creditors in number and value, and there to submit himself to examination as to his debts, assets, &c. charge, but the court to have power to protect the debtor's Any of the creditors to have liberty to oppose the debtor's dis person, for a limited or unlimited period; such protection to be withdrawn in case of fraud, or for any of the causes which would justify a remand in the Insolvent Debtors Court. The Bill was read a first time. The Lord Chancellor's Bankruptcy Law Amendment Bil and County Courts Bill were passed through committee, and ordered to be read a third time on Monday. Tuesday, July 26. |