(To be continued.) THE following scale of charges, reduced proofs. Wakley, Newcastle. ASSIGNMENTS To Trustees for the benefit of Creditors. which he himself takes in the land. Lessee for Recovery Substitution Act (3 & 4 Wm. 4, c. 74, nell, London.-Watson, J. grocer, first, 5s. 102d. to new years may either assign his whole term, or grant an s. 1). under lease; and a copyholder may transfer his copyhold estates. A tenant in tail can, however, under certain circumstances, dispose of even a larger estate than he himself takes in the premises; for if there be no protector of the settlement, (or if there be, and he can procure such protector's consent) he may, by adopting the proper mode of assurance, pass an estate not merely determinable with his estate tail, but an estate in fee simple absolute, discharged of all estates, rights, titles, interests, and powers, to take effect after the determination, or in defeasance of such estate tail. Nor is it in all cases necessary, to enable a party to convey, that he should take any actual estate or interest in the land; for he may sell under a mere naked authority; as where executors sell under a power of sale contained in a will. Persons taking limited interests also may have an absolute power of disposition conferred upon them, as a tenant for life or years with a power of appointment over the whole fee; and there are instances in which, notwithstanding a person may have disposed of all his estate, both legal and equitable in the premises, he may still retain both a selling and a conveying power; as where a man makes a post-nuptial settlement conveying the entire fee to trustees upon trust for his wife and children; which conveyance, notwithstanding it passes both his legal and equitable estate in the premises, does not deprive the settler of the power to sell and convey the property to a purchaser for valuable consideration; and a conveyance so made will be as effectual, both as to the legal and equitable estate, as if the trustees to whom it had been previously conveyed, and every person claiming or entitled under it had concurred therein. Nor will the circumstance of the purchaser's having express notice of the prior voluntary settlement at all tend to invalidate the conveyance. (Stat. 27, Eliz. c. 4; Gooch's case, Co. 60, a; Evelyn v. Templar, 9 W. Bla. 1019; Goodsight v. Moses, 2 Bro. C. C. 148; Doe v. Manning, 9 East, 59; Doe v. Hopkins, ib. 70; Hill v. Bishop of Exeter, 2 Taunt. 69; Doe v. Botriell, 5 B. & A. 131; Gully v. Bishop of Exeter, 10 B. & C. 601; Buckle v. Mitchell, 18 Ves. 110; Metcalfe v. Pulvertoft, ib. 183; see also 1 Mad. Prac. 272, 2nd ed.; Currie v. Nind, 1 Myl. & Cra. 17.) 5 Formerly a person who had nothing beyond a mere right of possession or property was disabled from conveying it, upon the ground that thereby pretended titles might be granted to monied men, and so cause strife and litigation (Co. Litt. 214; Chesterfield v. Jansen, 1 Åtk. 301, 3 Bla. Com. 290), whereby justice might be trodden down, and the weak oppressed. Still this did not affect the sale of estates in remainder or reversion; and even contingencies and mere possibilities might have been released. And notwithstanding that (Shep. Touch. 238; Arthur v. Bokenham, 11 Mod. 152; Wright v. Wright, 1 Ves. 411) such rights could not at law (unless coupled with an interest) have been conveyed or assigned over to a stranger, yet they were assignable in equity; and even at law the assignor would have been bound by estoppel; for which purpose a fine was at one time generally used, though it was afterwards determined that a deed was sufficient. THE MONEY MARKET. Three per Cents. Consols Mon. 5s. Frid. 95 96 952 951 954 961 Bank Stock India Stock India Bonds, prem..... i 261 26 26 261 261 261 36 36 36 361 361 362 112 112 1123 112 112 112 39 397 39 39 39 39 563 56 561 56 57 57 311 31 31 31 31 311 163 161 162 163 16 17 60 60 60 60 60 604 941 944 944 941 911 911 88 881 881 884 881 881 16 16 16 16 17 17 98 99 99 99 99 99 39 39 402 412 413 41 821 82 82 82 82 823 97 97 97 97 974 97 Blackmore, W. H. plumber, div. next week. Bell, London. Holder, S. B. merchant, last exam. March 27.-Mabbs, J. jun. baker, div. next week. Follett, London. -Moore, J. draper, div. next week. Follett, London.-Mortimer, J. bookseller, div. next week. Follett, London.-Ratnett, T. tailor, div. next week. Follett, London.-Tapp, C. coachmaker, div. next week. Follett, London.-Williams, W. victualler, div. next week. Follett, London.-Young, W. nurseryman, div. next week. Bell, London. Ablett and Ablett, drapers, last exam. April 16.-Alerander and Co. hardwaremen, final div. Alexander, next week. Groom, London.-Baldwin, W. victualler, last exam. April London.-Curtis, J. H. bookseller, div. next week. Pennell, 6.-Christian, W. A. innkeeper, div. next week. Pennell, London.-Dean, T. victualler, last exam. March 14.-Earp, G. B. ship broker, assignees, March 17.-Erans, C. S. master mariner, div. next week. Pennell, London.-Forrester, I. H. Russia brokers, fur. div. next week. Alsager, London. Glass, F. woollen factor, last exam. April 4.-Glass, J. victualler, div. next week. Whitmore, London.-Hawley, T. P. cheesemonger, last exam. passed.-Hipwood, J. H. merchant, last exam. April 1.-Kennedy, L. pawnbroker, last exam. April 16.-Linnit, J. goldsmith, last exam. May 6.—Metford, J. jun. ironmonger, outlawed.—Nicolay, L. J. draper, div. next week. Pennell, London.-Wakefield, C. D. innkeeper, div. next week. Pennell, London.-Ward, W. victualler, div. next week. Pennell, London.-Walker, H. auctioneer, last exam. passed. Saturday, March 7. Barton, R. M. R. draper, Hammersmith, Feb. 16. Trusts. J. Peacock, Friday-st. and W. H. Holyland, St. Paul's Church-yard, warehousemen. Sol. Wilson, Aldermanbury. -Blenkarn, W. builder, Stockwell-park, Brixton, Jan. 17. Trusts. W. Leonard, timber merchant, Duncan-terrace, City-road, J. Taverner, paper stainer, Old-st. and H. Watson, stove manufacturer, Wilson-st. Finsbury. Sol. Thomas, Commercial Sale-rooms.-Southwood, J. G. bricklayer, Mar ket-st. Paddington, Feb. 21. Trusts. W. Buddle, Timber merchant, S. Tildesley, timber merchant, S. Watkins, brick merchant, all of Iron Gate-wharf, Paddington, and E, Medlicott, lime merchant, North Wharf-road, Paddington. Sol. Skeet, Dorset-st.-Wilson, J. draper, Nottingham, Feb. 25. Trusts. T. H. Smith, manager of the Nottingham and Nottinghamshire Banking Company, W. Cutts, gentleman, Denby, and W. Mellows, farmer, Carburton. Sols. Fox and Butlin, Nottingham. Bankrupts. DATE OF FIAT AND PETITIONING CREDITORS' NAMES. BOOND, WILLIAM, jun. stretcher, percher, and stiffener, BoORD, SAMUEL, woollen draper and trader, Queen-sq. CLOUGH, JOHN, chemist and druggist, Huddersfield, March HASTINGS, JAMES, draper, grocer, and dealer in horses, Monmouth, March 20, at one, and April 20, at eleven, Bristol, Com. Stephen; Aeraman, off. ass.; Cattlin, Elyplace, sol. Date of fiat, Feb. 20. J. Thompson, warehouseman, Watling-st. pet. cr. HAWKINS, JOHN, journeyman butcher, Hurst, Berkshire, LUPTON, THOMAS, and LUPTON, WILLIAM BINGLEY, flax ROTHSCHILD, BENJAMIN LOUIS MEYER, diamond mer- WHEELER, JAMES DAVID CRIPPS, victualler, Torpoint, A. wine merchant, div. next week. March 20 and April 17, at eleven, Bristol, Com. Stevenson; Thus the law stood until the passing of the Act 7 & 8 Vict. c. 76, which, amongst other things, enacted “that any person might convey, by deed, any such executory interest, right of entry for condition broken, or future estate or interest as she should be entitled to, or presumptively entitled to, in any freehold, copyhold, or leasehold land or personal property, or any part of such interest, right, or estate respectively. This statute was, however, repealed by an Act passed in the following session (8 & 9 Vict. c. 106); but by the fifth section of the latter statute it is enacted, that after the first day of October, 1845, a contingent, an executory, and a future interest, and a possibility coupled with Official Assignees are given, to whom apply for the Dividends. an interest in any tenements or hereditaments, of Barnfield, W. jun. wine merchant, second, 131. Pennell, any tenure, whether the said object of the gift or London.-Britain, J. sen. jeweller, first, 9s. Christie, Bir limitation, or such interest or possibility, be or be mingham.-Cummins, J. joiner, first and final, 5d. Wakley, not ascertained; also a right of entry, whether im- Newcastle.-Gibson, H. G. chemist, first, 2s. 6d. Wakley, Newcastle.-Hayward, J. bookseller, second, 5d. Fraser, mediate or future, and whether vested or contin- Manchester.-Jones and Co. booksellers, first joint, 10s. 8d.; gent, into or upon any lands or hereditaments in sep. Jones, 9d.; sep. Co. 1d. Fraser, Manchester.England, or of any tenure, may be disposed of by Prodgers, E. banker, fourth, 33d. Christie, Birmingham. deed; but that no disposition shall by force only bins, J. bookseller, final, 10d. Pennell, London.-Smith, Rayner, C. grocer, second, 14d. Pott, Manchester.-Rob of this Act defeat or enlarge an estate tail; and that J. victualler, first, 5s. Cazenove, Liverpool.—Todd, T. sol. dealer in cotton goods, first, 5s. Fraser, Manchester.every disposition by a married woman shall beer and Co. cotton spinners, third, 244. Fraser, Manmade conformably to the provisions of the Fine and chester.-Warman, C. F. china dealer, second, 4d. Pen Gazette, March 10. BREWSTER, WILLIAM FREDERICK, chemist and druggist, Vincent and Co. Temple, and Jones, Liverpool, sols. Date of fiat, March 4. Bankrupt's own petition. FOULKES, RICHARD, cattle salesman, milkman, and cowkeeper, Soughton, Northop, Flintshire, March 20 and April 14, at eleven, Liverpool, Com. Phillips; Morgan, off. ass. ; Bridger and Blake, London Wall, and Almond, Liverpool, sols. Date of fiat, March 4. Bankrupt's own petition. GOLDSMITH, CHARLES, saddler and harness maker, Bathat. Bristol, March 19 and April 23, at eleven, Bristol, Com. Stevenson; Hutton, off. ass.; Weeks, Cook's-court, and Nicholls, Birmingham, sols. Date of fiat, Feb. 25. G. Watson, Wallsall, saddlers' ironmonger, pet. cr. HARDING, THOMAS, schoolmaster, bookseller, and stationer, Lichfield, March 20 and April 18, at half-past ten, Birmingham, Com. Balguy; Christie, off. ass.; Reece, Birmingham, sol. Date of fiat, Feb. 28. Bankrupt's own petition, HARDING, WILLIAM, turner, and rug, brush, and basket manufacturer, 33a, Edwards-st. Portman-square, and 38, James-st. Manchester-square, and 71, Marylebone-lane, and 27, Wigmore-st. March 20, at one, and April 21, at half-past one, Basinghall-st. Com. Fane; Alsager, off. ass.; Mordaunt, Bolton-st. sol. Date of fiat, March 4. H. Perry, hair dresser, 12, 13, and 59, Burlington-arcade, pet. cr. HARRIS, WILLIAM JAMES, tailor and woollen draper, 197, High-st. Southwark, March 21, at twelve, and April 18, at one, Basinghall-st. Com. Goulburn; Green, off. ass. ; Wellborne, Tooley-st. sol. Date of fiat, March 9. Bank rupt's own petition. IDENDEN, WILLIAM JOHN, tailor, clothier, and general outfitter, 2 and 3, Salmon's-lane, Limehouse, March 17, at one, and April 21, at half-past eleven, Basinghall-st. Com. Shepherd; Turquand, off. ass.; Tayler, Church-st. Spitalfields, sol. Date of fiat, March 7. Bankrupt's own peti tion. MORGAN, EDWARD, coach builder, Lisson-st. St. Marylebone, March 20, at twelve, and April 18, at eleven, Basinghall-st. Com. Goulburn; Follett, off. ass.; Messrs. Bicknells, Manchester-st. Manchester-square, sols. Date of fiat, March 6. S. Stringer, coach plater, 20, Northumberland-st. New-road, pet. cr. NICHOL, ANTHONY, ship broker and coal fitter, Newcastleupon-Tyne, March 19 and April 21, at two, Newcastle, Com. Elison; Baker, off. ass.; Harle, Newcastle, and Chisholme and Co. Lincoln's-inn-fields, sols. Date of fiat, Feb. 28. T. Richardson and J. Coxen, drapers, Newcastle-upon-Tyne, pet. crs. Meetings at Basinghall-street. Gazette, March 6. Debts aud. and div.-Fothergill, F. and M'Innes, J. lamp-black, Smith, S. L. manufacturers, Manchester, March 4. MEETINGS FOR ALLOWANCE OF CERTIFICATES. sep. Gazette, March 10. Ensolvents Petitioning the Courts of Bankruptcy. PETITIONS TO BE HEARD AT BASINGĦALL- Austin, J. trunk maker, Oxford-st. March 6, at one.Compton, J. A. clerk in the Post-office, Charlotte-st. FitzAtkinson, A. and F. A. colour manufacturers and commis-roy-sq. March 13, at eleven.-Dickeson, J. I. merchant's sion agents, Newcastle-upon-Tyne, April 2, at twelve, New- clerk, Bower-st. Commercial-rd. East, March 6, at half-past castle, joint and sep. auds. and April 3, at twelve, joint and one.-Levett, B. butcher, Icklingham, March 6, at two.divs.-Batchelor, J. butcher, Morford-st. Walcot, Bath, Mann, H. leather seller, Rochford, March 6, at half-past March 31, at twelve, Bristol, diy.-Collins, J. brewer, Sal- one.-Reynolds, C. F. printer, Queen-st. March 6, at one. ford, April 1, at twelve, Manchester. aud.-Flaherty, T. tailor, Bath, April 3, at eleven, Bristol, aud.-Lingard, F. teacher of music, New Elvet, April 3, at eleven, Newcastle, aud.-Newton, W. coal merchant, Bath, April 2, at twelve, Bristol, div.-Townsend, J. and Brooke, G. bankers, Honiton, April 1, at eleven, Exeter, aud. of Brooke, and April 2, at one, sep. div. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Dec. 25. Partnerships Dissolved. PETITIONS TO BE HEARD IN THE COUNTRY. Atcherley, T. C. farmer, Westbury, March 11, at half-past ten, Birmingham.--Best, C. painter, Bristol, March 17, at half-past eleven, Bristol.-Charlesworth, J. card maker, Dewsbury, March 10, at eleven, Leeds.-Cooke, W. razor grinder, Little Sheffield, March 13, at eleven, Leeds,Clough, R. confectioner, Halifax, March 12, at eleven, Leeds.-Gale, J. jun. out of business, Taunton, March 25, at eleven, Exeter.-Greensmith, T. farmer, Caverswall, March 13, at eleven, Birmingham.-Law, G. innkeeper, Rochdale, March 11, at twelve, Manchester.-Newbury, J. victualler, Bath, March 19, at twelve, Bristol-Parsonage, W. jun. clerk, Toxteth-park, March 13, at eleven, Liverpool. Reade, W. G. bookkeeper, Winsford, March 17, at twelve, Liverpool.-Stephens, T. provision shopkeeper, Salford, March 17, at twelve, Manchester. MEETINGS IN THE COUNTRY. Bate, T. land agent. Neath, March 27, at eleven, Bristol, aud.-Coles, E. cheese factor, Leigh-on-Mendip, March 27, at twelve, Bristol, aud.-Fleming, D. grocer, Bristol, March 27, at twelve, Bristol, aud.-Thomas, W. smith, Lyncombe and Widcome, March 27, at cleven, Bristol, aud.-Torasend, J. beer retailer, Bristol, March 27, at eleven, Bristol, div.-Whitehead, G. farmer, Jarrow, March 24, at eleven, Newcastle, div.-Yeoman, J. corn dealer, Bath, March 27, at eleven, Bristol, aud. PETITIONS TO BE HEARD AT BASINGHALL- Gazette, March 6. Gazette, March 3. PRITCHETT, SAMUEL, and ORIDGE, JOSEPH PECKOVER, glove manufacturers, drapers, and grocers, Charlbury, OxAdams, T. F. and S. whip-thong makers, Birmingham, fordshire, March 20, at two, and April 18, at twelve, BaDebts paid by T. F. Adams.-Ayers, W. and singhall-st. Com. Goulburn; Green, off. ass.; Patten, Amey, R. millers, Suttan Poyntz, Feb. 9. Debts paid by Ely-place, sol. Date of fiat, March 5. J. and R. W. Amey.-Bell, W. C. and Briggs, T. stock brokers, Leeds, Pullman, leather sellers, 17, Greek-st. Soho, pet. crs. Feb. 27. Debts paid by Bell.-Brooks, E. and T. silk maRAYNER, JOHN, cloth manufacturer, Stanningley, neaanufacturers, Spital-square, Dec. 31.-Buffery, A. jun. and Leeds, Yorkshire, March 23 and April 13, at eleven, Leeds, E. upholsters, Stratford-upon-Avon, Feb. 26. Debts paid Com. Burge; Hope, off. ass.; Walker, Furnival's-inn, and by A. Buffery.-Cantrell, E. sen. and jun. and Baker, E. Bedford, J. H. coachmaker, Newport Pagnell, March 19, Blackburn, Leeds, sols, Date of fiat, Feb. 27. J. Dodg- L. stock brokers, Manchester, Jan. 17.-Croft, J. R. and at twelve.-Bourchier, H. captain, Bow-lane Cottage, Eastshun, wool merchant, Leeds, pet. cr. Pritchard, J. B. brokers, Liverpool, Feb. 20.-Giles, R. M. SEWELL, JOSEPH, grocer, Great Dunmow, Essex, March and Bayes, J. starch manufacturers, Old Ford, Feb. 26. India-road, March 16, at half-past eleven.-Brown, T. far18, at half-past twelve, and April 23, at twelve, Basinghall- Goodwin, J. and Bibby, W. R. law stationers, Birmingham, mer, Wing, March 19, at eleven.-Carr, W. shoemaker, st. Com. Evans; Johnson, off. ass.; Wade and Penning- and King-st. Westminster, March 2. Debts paid by Bibby. Wickham-market, March 20, at eleven.-Chambers, J. coach ton, Frederick's-place, sols. Date of fiat, March 7.Gould, R. and Hall, J. R. merchants and manufacturers, painter, Tottenham-court-rd. March 19, at cleven.-Clarke, Manchester, Jan. 1. Debts paid by Gould.-Gray, O. J. brazier, Bishop's Stortford, March 19, at eleven.-Clarke, Bankrupt's own petition. Hulton, J. D. Gray, T. Dangerfield, A. D. Lovegrove, G. R. jun. plumber, Clapham-rise, March 19, at eleven.-Cressy, H. Farnes, J. Ashdown, C. White, J. and Taylor, R. news- J. D. mate, Bistern-place, Blackwall, March 16, at twelve. paper proprietors, Salisbury-sq. Jan. 13. Debts paid by T. Daris, J. P. attorney, Chiswick, March 19, at twelve.-EdGray, Dangerfield, and Lovegrove, who continue the busi-wards, R. clerk, Torston-st. Ashley-crescent, City-rd. March Batt, J. and T. dealers in silk, Old Broad-st. City, March ness.-Grissell, T. and Peto, S. M. builders, York-road- 19, at half-past eleven.-Elston, R. out of business, New Church-st. Lisson-grove, March 16, at eleven.-Launder, J. 27, at one, further joint div.-Bowen, C. wine merchant, Harp- Lambeth, March 2.-Hirst, J. and Stocks, J. joiners, HudDebts paid by Hirst.-Hopkinson, W. baker, Cambridge, March 19, at eleven.-Martin, S. staplane, March 26, at eleven, aud.-Cross, S. M. corn merchant, dersfield, Feb. 26. Greenwich, April 1, at one, aud.-Faryon, W. licensed vic- and Benson, J. proprietors of a patent for improvements in maker, Bedford-st. Walworth, March 16, at eleven-attualler, Farringdon-st. March 26, at half-past one, div.- machinery for the better dressing of woollen and other thews, W. T. tailor, Great Coggeshall, March 19, at half-past Hay, W. and Titerton, J. A. oil and colourmen, 103, London- fabrics, at Manchester, March 31 last. Debts paid by Hop. eleven.-Smith, W. cabinet maker. Great Duamow, March kinson.-Judd, R. and R. C. boot makers, Beak-st. Feb. 16, at half-past eleven.-Toleman, W. leather cutter. Spread road, Surrey, March 26, at one, div.-Holder, S. B. merchant, London, March 27, at eleven, aud.-Jones, R. T. 24.-King, W. Witt, J. Long, J. and King, F. merchants, Eagle-st. Limehouse, March 19, at eleven.—Waddell, J. tea chemist, Oxford, March 27, at one, div.-Kesteven, J. and Southampton, June 30.-Mulliner, J. and Crook, T. (de- dealer, Northampton, March 19, at two.-Williams, C. S. J. mercers, Strand, March 27, at eleven, div.-Knyvett, E. ceased) commission agents, Manchester, April 25 last.-private tutor, Lower Lisson-st. New-rd. March 20, at eleven. -Webb, T. G. veterinary surgeon, High-st. Whitechapel, teacher of music and music seller, Buckingham-cottage, Rippon, J. J. and Burton, W. S. furnishing ironmongers, Great Stanmore, Middlesex, March 27, at eleven, further div. Wells-st. June 8, 1841.-Ross, J. and Cairns, T. drapers, and John-ter. Bow-lane, Bromley, March 19, at twelve.Redruth, Feb. 7.-Sands, T. jun. and Barker, J. woollen Wright, H. assistant chemist, Castle-st. Falcon-sq. March -Leader, J. M. coach builder, 361, Oxford-st. March 31, at one, div.-Leman and Bryan, wharfingers, Old Swan Pier, drapers, Norwich. Feb. 23. Debts paid by Sands.-Silcock, 19, at twelve. PETITIONS TO BE HEARD IN THE COUNTRY. March 31, at eleven, aud.-Moger, T. poulterer and cheese-A. and Relph, J. engineers, Langley Burrell, Feb. 27. Debts Burnelt, M. out of business, Webber-row, Westminster, monger, Holborn-hill and Coventry-st. Haymarket, April 1, paid by Silcock.-Southworth, W. and Porter, T. meal and at two, div.-Mortimer, T. victualler, the Bell, East-lane, cheese dealers, Mawdsley, Feb. 21. Debts paid by Southworth. March 20, at eleven.-Charlesworth, J. card maker. DewsWalworth, April 1, at eleven, div.-Wade, B. draper, Strand, Spooner, S. and Dunster, J. coach ironmongers, Castle-bury, March 10, at eleven, Leeds.-Chell, W. spirit dealer, March 26, at eleven, aud.-Walker, W. J. bootmaker, Ox-st. Long-acre, Feb. 27.-Thornton, A. S. Atterbury, E. J. Wallness, Pendleton, and Manchester, March 29, at twelve, Manchester.-Cooke, W. razor grinder, Sheffield, March 13, ford-street, March 25, at twelve, last exam. Watt, G. C. and B. B. commission agents, Manchester, Leeds, Hudlinen factor, Old Jewry, March 26, at eleven, aud.-Worley, dersfield, and Bradford, so far as regards B. B. Atterbury, at eleven, Leeds.-Eddols, J. beer retailer. Bristol, March R. provision merchant, Newgate-st. March 31, at eleven, Feb. 28.-Turnbull, J. and W. builders, South Shields, 30, at twelve, Bristol.-Freeman, J. sen. labourer, Barnsley, aud.-Urlwin, W. fellmonger, Watford, April 1, at twelve, Feb. 20. Debts paid by C. A. Warn, solicitor, South Shields. March 20, at eleven, Leeds.-Handley, R. tailor, Burford, -Vero, J. and J. hatters, Atherstone, Feb. 24. Debts paid March 17, at eleven, Birmingham.-Hargreaves, W. painter, MEETINGS FOR ALLOWANCE OF CERTIFICATES. by J. Vero.-Warburton, J. and Parker, W. share brokers, Burnley, March 18, at twelve, Manchester.-Harrison, R. Newcastle, Feb. 27. Debts paid Parker.-Wilson, J. Arout of business, Dudley, March 14, at half past ten, BirLenornland, V. S. U. milliner, Regent-st. March 31, at mistead, J. and Walker, B. tanners, Leeds, May 26, 1815.mingham.-Leaver, T. shoemaker, Blackburn, March 20, at Winter, J. and Jordan, J. manufacturers of fancy waisttwelve, Manchester.-Livesey, J. sen. out of business, West coating, Huddersfield, Feb. 26. Debts paid by Winter. Derby, March 20, at twelve, Liverpool.-Mustey, J. farmer, Gazette, March 6. Bristol, March 19, at half-past twelve, Bristol.-Ollis, J. taiBarnwell, T. and Rayner, R. cabinet makers, Aldersgate-lor and draper, Twerton, March 23, at eleven, Bristol.-Par st. Feb. 11.-Birkby, W. and J. and Kitson, J. and R. card ker, J. out of business, Sheffield, March 20,at eleven, Leeds.makers. Birstal, as far as regards J. and R. Kitson, Feb. 28. Skidmore, E. cutler, Sheffield, March 13, at eleven, Leeds. -Bor, J. and M'Lean, J. general agents, Liverpool, March Stephens, T. provision shopkeeper, Salford, March 17, at 3.—Close, J. and Beardshaw, R. P. surgeons, Leeds, Jan. 1. twelve, Manchester.-Taylor, T. framework knitter, NotDowse, H. and G. merchants, Buenos Ayres and Broad-st. tingham, March 27, at twelve, Manchester.—Tennant, H. buildgs. Nov. 25.-Dunderdale, E. J. and Tipping, J. paint- butcher, Shrewsbury, March 21, at half-past ten, Birming ers, Preston, March 3. Debts paid by Dunderdale.-Ed- ham.-Teitkins, J. out of business, Upper Crown-st. Westmondson, W. and Ogden, J. share brokers, Bradford, Feb. minster, March 16, at half-past eleven.- Williams, T. 25.-Fennell, S. and Pye, R. brimstone refiners, Gravesend, butcher, Chester, March 24, at twelve, Liverpool.-Willifer, March 6. Debts paid by Fennell.-Greaves, D. and Steer, S. out of business, Manchester, March 19, at twelve, ManG. H. clothiers, Sheffield, March 2.-Hadfield, W. and chester. Broadbent, J. S. cotton spinners, Gomersall, Jan. 8. Debts paid by Broadbent.-Harwood, W. jun., Scott, J. A. and Bushell, W. D. colonial brokers, Bristol and Liverpool, as regards Scott, Dec. 31. Debts paid by Harwood and Bushell, Bankrupts. Bristol.-Hould, J. and Challis, J. Change-alley, March Scholefield, J. cutler, Cheapside.-Griffith, M. and Pear 3.-Moseley, R. and H. carvers, Derby, Feb. 26. Debts paid son, P. tailors, New Bond-st.-Hubert, T. coal merchant, by Mosely and Co.-Parker, W. and Smithers, H. K. provi- Great-hall, Hungerford-market.-West, J. E. and Tennant, sion merchants, Adelaide-place, London-bridge, March 3.-H. stock brokers, Leeds.-Broadhead, D. and Halcro, A. J. Paton, W. J. and Edwards, J. general merchants, Cape of stockbrokers, Leeds.-Shipton, A. and Jenkins, J. W. clo Good Hope, March 2.-Perkins, M. A. and Drury, S. milli- thiers, Painswick.-Sutton, T. jun. draper, Atherstone.-ners, Warwick, March 4.-Rawson, J. N., Bancroft, J. and Harding, W. cotton manufacturer, Stockport, Chester. aud. one. 'Gazette, March 10. Clark, J. J. builder, Hounslow, Twickenham Villas, and Durdham-down, March 17, at twelve (adj. Feb. 17), last exam.-Erill and Dowglass, cloth manufacturers, Vigo-st. March 31, at half-past eleven, aud.-Froeschlen and Price, tailors, Dover-st. March 31, at eleven, aud.-Graham, G. Adams, T. and Macfarlane, M. B. calico printers, Cheapside, March 20, at one, div.-Howell, T. hotel keeper, Queen's Head-passage, Newgate-st. March 20, at eleven (adj. Feb. 6), last exam.-Kent, J. beer brewer, Stowmarket, Suffolk, March 20, at twelve, fin. div. MEETINGS FOR ALLOWANCE OF CERTIFICATES. Warren, J. surgeon, George-st. Hanover-sq. March 31, at one. Meetings in the Country. Gazette, March 6. Batson and Bissell, ironmasters, Tipton, March 27, at eleven, Birmingham, aud.-Blackmoor, J. builder, Rother-2.-Ingram, G. G. and Thompson, F. drapers, Hull, March ham, March 28, at eleven, Leeds, aud.-Britton, W. linen cloth manufacturer, Borrowby, March 28, at eleven, Leeds, aud.-Bunn, C. gilt toy maker, Birmingham, March 28, at eleven, Birmingham, dív.-Carscaden, W. R. hosier, Leeds, March 28, at eleven, Leeds, aud.-Cullen, S. chemist and druggist, Nottingham, March 30, at eleven, Birmingham, From the Gazette of Friday, March 13. THE MAYOR, ALDERMEN, AND BURGESSES OF costs upon the record of the said last-mentioned Practice-Pleading-Bill for tolls-Want of express Vice-Chancellor Bruce's Court...................... 498 Prerogative Court................................... ................. Court of Review.. Circuit Reports ..... .... ..... 499 499 500 501 501 502 505 505 505 505 507 Bills in Progress-Proposed New Settlement Bill.... 507 PROMOTIONS, APPOINTMENTS, &c................... 907 COURT PAPERS ........ 507 ... 508 LEGAL INTELLIGENCE........... Yorkshire Law Society CORRESPONDENCE Assize Courts.. Fire Insurance Agreement Stamps.. Case of Black v. Byrom 509 511 511 511 511 account, the plaintiffs did not distinctly aver that 511 512 512 515 VICE-CHANCELLOR OF ENGLAND' thereby claimed was founded upon their owner COURT. Saturday, Jan. 31, 1846. SMITH V. DOWLING. Practice-Production of documents. A bill filed by a person claiming as son of the tenant for life under a marriage-settlement, against certain parties, trustees of the settlement. One of the defendants admits the possession of certain documents relating to the estate of the tenant for life, but does not admit the plaintiff's title, but merely stating his ignorance as to whether the plaintiff was the son of the marriage or not. A motion for the production of the documents was refused with costs. The bill in this case stated that the plaintiff was son of a tenant for life under a marriage-settlement, with remainder to the children of such tenant for life. Certain breaches of trust were alleged against the trustees, and the bill prayed that they might be held liable to account for the same. There was the usual clause of interrogatory as to all papers, documents, &c. relating to the matters in question. One of the defendants, as executor of a deceased trustee, in his answer did not deny the title of the plaintiff, namely, that he was the son of the tenant for life, but averred that he was ignorant of the fact whether he was so or not. To the interrogatory as to the papers, documents, &c., he thus answered: "This defendant saith he hath in the two schedules hereto, which he prays may be taken as a part of this his answer, set forth a full, true, and particular account of all the documents and writings in his possession relating to the estate of the said tenant for life, deceased." The plaintiff now moved upon this answer for the production of the documents contained in the second schedule. Heathfield, for the motion, cited Edwards v. Jones (1 Phil. 53). Follett, for the defendant. The VICE-CHANCELLOR. The plaintiff's right to call for production of the documents relating to the estate in question depends upon the fact of his being son of the tenant for life. The admission that the documents relate to certain property belonging to the tenant for life, is not an admission that they relate to your title. Do they relate to the birth of a child? In the case cited, the documents relate to the plaintiff's title, but these relate only to the personal estate of the tenant for life, the title to whose estate is not admitted to be in the plaintiff. Your only suggestion is, that these books and papers may relate to the plaintiff's title. You, however, have no title, unless you shew that you are the son of the marriage. Motion refused, with costs. VOL. VI, No. 153. Bethell and Shapter, in support of the demurrer, contended that it was not enough to allege that they had succeeded at law against other parties, but they ought to have shewn that they had established their case at law against the defendant. It is true the plaintiffs suggest that the defendant pretends that they have not established their title at law, and charges the contrary to be true; that, however, is not an averment of the fact of their having done so; and, so far as it goes, it is qualified in such a manner as shews that the right was not established against the present defendant, the charge being followed by a statement of three actions brought against strangers to the record, wherein the issue between the parties here was never raised; namely, the liability to toll of coals imported for use and consumption merely, and not for sale and profit, besides which two of the actions mentioned in the bill had been compromised. Stuart and W. D. Lewis, for the plaintiffs, contended that the charge to the contrary against the defendant's pretence that they had not established their title at law, amounted to a sufficient averment to establish their case in a court of equity. The VICE-CHANCELLOR.-It is clear to my mind that the bill distinctly asserts the plaintiff's title, and then, in the pretence, it says, that "the defendant pretends that plaintiffs have not established their title at law;" the bill then contains a direct charge to the contrary. To me it appears sufficiently asserted, and I must, therefore, overrule the demurrer. Demurrer overruled. ROLLS COURT. Jan. 30 and 31. CROSS v. KENNINGTON. Will-Construction-Legacies charged on real estate. A testator directed his just debts, &c. to be paid, and gave his wife an annuity which he charged on his real estate; he then gave several legacies to be paid in six months after his death, and several others to be paid after the death of his wife," when he charged his executors with the payment thereof." All the residue of his real and personal estate he gave to his executors, their heirs, c. as tenants in common for their own absolute use and benefit. Held, that the legacies payable after the wife's death were well charged on the real estate. George Kennington, of Wrawby, in the county of Lincoln, by his will of the 19th March, 1836, directed his just debts, funeral and testamentary expenses, &c., to be first paid, and then gave an annuity of 401. to be paid by his executors, and which he charged on his real estate thereafter devised to them. The testator then, after giving several legacies payable six months after his death, bequeathed to several persons the respective sums therein mentioned, and directed that they should be paid after the death of his wife, "when I charge my executors with the payment thereof." "All the rest, residue, and remainder of my real and personal estate, I give to Francis Kennington and Francis Pilfoot, their heirs, executors, administrators, and assigns, as tenants in common, and not as joint tenants, for their own absolute use and benefit, and I make them joint executors of my will." The testator died in November, 1839, and in March, 1840, a bill by Cross, the assignee of Comfort Reynolds, one of the legatees payable after the death of the wife, asked that it might be declared that the legacies in question were well charged on the real estate, &c. Various steps were afterwards taken, and the widow being dead, the cause came on to be heard in March, 1844, when the usual accounts and inquiries were directed. The Master made his report in April, 1845, and amongst other things certified that Francis Kennington was indebted to the estate in the sum of 7611. 4s. 6d., and that the legacies to be paid amounted to upwards of 7631. It appeared also, that Francis Kennington had mortgaged the real estate to certain bankers, by a deposit of title deeds; and their rights came in question. now came on upon further directions, and the question was, whether the real estates were not charged with the legacies payable after the widow's death. ship of the said port of the said city, and the said action coming on to be tried at the Lent Assizes in and for the county of Kent, in the year 1844, the jury sworn for that purpose did find a verdict for the said plaintiffs in the said action, and they took judgment accordingly. That the plaintiffs or their predecessors, d.d, in Trinity Term aforesaid, commence or cause to be commenced an action at law against one John Mennell, who was the owner of a certain ship or vessel in which a cargo of coals had been theretofore imported into the said port of the said city, for the recovery of the amount of the said toll, rate, or due, called the metage due, payable in respect of such cargo of coals so imported by him, the said John Mennell, and did cause a declaration therein to be delivered to the said John Mennell, in which the title of the plaintiffs or their predecessors to the said toll, rate, or due thereby claimed, was founded upon their ownership of the said port of the said city, and the said John Mennell pleaded to the said action, but afterwards withdrew his said pleas; and the said plaintiffs in the said last-mentioned action took judgment for the amount of the said debt thereby claimed by them, and damages in that behalf. That the plaintiffs or their predecessors did, in Trinity Term aforesaid, commence, or cause to be commenced by them, an action at law against one James Pybus, who was the owner of a certain ship or vessel in which a cargo of coals had been theretofore imported into the said port of the city for the recovery of the amount of the said toll, rate, or due called the metage due, peyable in respect of such cargo of coals so imported by him, the said James Pybus, and did cause a declaration therein to be delivered to the said James Pybus, in which the title of the plaintiffs, or their said predecessors, to the said toll, rate, or due, thereby claimed, was Kindersley (with him Rogers), for the plaintiff, founded upon their ownership of the said port of Cross, contended first, that the real estate was the said city; and the said James Pybus pleaded to charged, because it was beneficially devised to the the action, and by his plea denied the title of the persons who were to pay the legacies. (Awbrey v. plaintiffs in the said action to the said toll, rate, or Middleton, 2 Eq. Ca. Ab. 497; Henvell v. Whitaker, due thereby claimed, and their ownership of the said 3 Russ. 343.) Secondly, the principle of marshalling port of the said city. And other proceedings were assets in favour of legatees, where the debts are taken in the said last-mentioned action. And after-charged, applies here. (Aldrich v. Cooper, 8 Ves. 381, wards, in pursuance of a certain order made in the 397; Mirehouse v. Scaife, 2 M. & Cr. 695.) Thirdly, said action by one of the Justices of Her Majesty's there is an equity against Francis Kennington, as Court of Queen's Bench at Westminster, the debt for devisee of the real estate, to the extent of the which the said last-mentioned action was brought, 7611. 48. 6d. personal estate received by him, and he and the taxed costs of the said plaintiffs, were paid and can take nothing under the will till the charges on the discharged by the said James Pybus to the said plain personal estate are satisfied; and the bankers have tiffs; thereupon all further proceedings in the said only the same rights he had. They cited Bench. last-mentioned action were stayed, and the said plain- Biles (4 Mad. 187; Messenger v. Andrews (4 Russ. tiffs acknowledged satisfaction of the said debt and 478; Attorney-General v. Christ's Hospital (1 Russ. The cause & Myln. 626, 1 Tam. 393; Woodgate v. Gresley (8 Teed and Nicholls, for Francis Pilfoot, cited Parker Turner and Elmslie, for Francis Kennington. The MASTER of the ROLLS said he would read the testator was survived by one at least of his The circumstances of this case sufficiently appear Benbow (2 Myl. & Keen, 46); Wray v. Field (2 Russ. Parry and Bevir, for the plaintiffs, cited Cook v. manner. Jan. 31 and Feb. 25. The MASTER of the ROLLS thought that he could Monday, Jan. 25. HORRY v. Calder. vit. Allnutt, in this case, moved for leave to enter a memorandum of service of the copy of the bill on a defendant. Allnutt had no affidavit as to that fact, but had no doubt of its being a true copy. The MASTER of the ROLLS.-That is not enough. You can only speak as to the draft; there must be an affidavit produced as to the identity of the copy of the bill served with the record. Wednesday, Feb. 11. Teed and Shebbeare for the defendants. heirs of his body, at least if there be neither explanatory context nor explanatory circumstances admissible. There, however, the word "heirs " means not children, but is used as a word of limitation; which not giving during the life of A any present estate or interest to any other person than ▲, is of necessity sufficiently comprehensive to include the issue of A that may be born one thousand years after his death. In Hebblethwaite v. Cartwright, Lord Talbot said that this was to prevent the great confusion that would otherwise be caused by letting in the younger before the elder. In Lomax v. Holinden, Lord Hardwicke said, the words " to be begotten" had the same meaning as the word "begotten." So The VICE-CHANCELLOR.-The plaintiffs in this the Lord Keeper, in Cook v. Cook. Nor do these suit are the grandchildren of a brother of William observations appear to have been controverted if they Townsend, the testator in the cause, the object of related to cases of descent. In Hewet v. Ireland, the which is to obtain certain benefits claimed under the question arose upon words contained in a deed. codicil. It is admitted that the plaintiffs are four of The Lord Chancellor may have been thought to the persons named as legatees in the following pas- have proceeded upon an intepretation which the sage contained in the codicil:-"Item, I give and whole of the instrument before him appeared to bequeath to Edward, the son of John and Alice require, and not upon any universal rule as to Early, of Newland, in the parish of Coggs, in the any particular phrases in it. The cases he refers county of Oxford, blanket manufacturer, the sum of to, or seems to refer to, by way of illustration or 5001. for his own use and benefit. Also I give and analogy. Adverting to the life estate, Lord Macbequeath to Alice, the daughter of the said John and clesfield seems to have thought “shall be begotten" Alice Early, the sum of 5001. for her own use and was to be construed "shall have been begotten." benefit. Also I give and bequeath to Mary, the If so, that was sufficient for the decision of the case. daughter of the said John and Alice Early, the sum of Such a ground as that afforded there by the wife's 5001. for her own use and benefit. Also I give and be- life interest for reading "to have been," is not queath to Sarah, the daughter of the said John and afforded in the present instance. I have obtained a Alice Early, the sum of 500l. for her own use and bene- copy of the decree from the Registrar's office, and the fit." As to these legacies they were plainly given to the mandatory part of it commences thus: "His lordplaintiffs. There does not appear to have been any ship declared as to the question arising upon the said dispute about them except as to the interest; and deed of the 5th of November, 1690, whether a that question has been disposed of. They assert, daughter of the said William Sturges and Christiana however, that a clause in the codicil, immediately his wife, who was then born, was intended to be profollowing the passage which I have read, makes in vided for thereby or not; that he was of opinion that their favour absolutely with regard to one of them, the daughter, who was then born, and was very young, and absolutely or contingently with regard to the and could not have offended, was intended to be proothers as a further and additional bequest. This vided for by the said deed; and upon the death of the claim the defendants resist. The clause runs thus:- said William Sturges and Christiana his wife, she The MASTER of the ROLLS desired to know what" Item, I direct my executors to pay, by and out of became entitled to the said 6007." and so on. The evidence he had of the copy being what it purported my personal estate exclusively, the sum of 500l. a deed appears to have been stated differently in diffeto be. piece to each child that may be born to either of the rent parts of the pleadings, but probably Lord Macchildren of either of my brothers lawfully begotten, to clesfield read the instrument itself. A literal conbe paid to each of them on his or her attaining the struction in such a case as Hewet v. Ireland, and in age of twenty-one years, without benefit of survivor- many others, of the words "shall be begotten," or, ship." The contest of which I have now to dispose "to be begotten," might exclude children born several is, whether, under this clause, the plaintiffs or either months after the date and execution of the instrument of them, can rightfully claim anything more. It was containing the words, "then in existence in the womb," admitted at the bar that when the codicil was made, though that existence might not at the time be known and at the testator's death, there were to his know- or suspected, and would tend to the introduction of a ledge living several grandchildren of brothers of the kind of evidence of existence not of a most satisfactestator besides the plaintiffs, and also various children tory description, to the admission of which Courts do of brothers of the testator, and that the testator was not without absolute necessity submit. A birth is survived by one at least of his brothers. The ques- generally a manifest fact, involved in no obscurity or tions to be considered, I think, are, first, whether the mystery. To what extent a discussion upon the quesclause is wholly void? Secondly, what is the meaning tion of the time of gestation might lead, conformably of the clause considered by itself and construed popu- with cases and publications on the subject, it is not larly as well as correctly, and not according to rules easy to say, and such discussion does not need to be inmerely technical? Thirdly, what is the legal con- troduced, nor can it be wanted in the absence of any instruction of the clause considered by itself as a provi- clination to increase the number of cases upon the subsion relating to the distribution of the property in- ject. In the will which was the subject of the remarkable cluded in the will? Fourthly, whether, in either view, case of Wilkinson v. Adam, the words "children that the context is capable of affecting, or does affect, the I may have," described by Lord Eldon as an expression clause in question? Fifthly, whether, in either view, obviously future, were, upon the whole case, held by collateral circumstances are capable of affecting, and him to have been meant to describe persons at the do affect it? The consideration of the first of these date of the will in existence and born. That was a questions I will for a time postpone. The second very particular case, and Lord Eldon, I apprehend, seems to be free from difficulty. The plaintiff's counsel proceeded upon the special grounds before him, and seem to be of opinion as I am, that the word "may" not upon any general rule of construction, applicable was used in the sense, or one of the senses, of the to such words. And so, as I conceive, did the three word "shall." The word "may" is often and with learned judges, whose assistance Lord Eldon had correctness used with reference to the future. If a man on that occasion, in arriving at the conclusion speaks of the children that his brother's children may stated by them. The words construed in Doe v. have, the expression is one of possible reference either Hallett contained this devise-“ and_immediately to the present or the future. But if when he has after the decease of the said William Head, to the spoken of children or grandchildren he speaks of use of the first, second, third, and of all and every other children that may be born, he speaks against the other sons and son of the body of the said William the rules, forms, and idioms of the English language, Head, lawfully to be begotten, one after the other, if he includes in his meaning children or grandchil- according to their priority of birth, and the heirs male dren who are already in existence, or persons whom of the body of such first and other sons respectively he has already named. I have not forgotten the ex-issuing; and for default of such issue, to the use of pression "lawfully begotten." The testator, I am aware, has not said "to be lawfully begotten;" but the expression occurring where it does and as it does, whether referring to his brothers or to their children, or to the children of their children, which may be doubtful, I consider and understand to have been inJan. 13 and 31. tended only (whether necessarily or unnecessarily) EARLY V. BENBOW. to indicate legitimacy; that is, to have been used to Will-Construction—" May be born"-Double legacy. designate, not the time of the commencement of the A testator by a codicil to his will gave legacies of 5001. existence of any person, but a social or civil state each to four of the grandchildren of one of his merely. Nor, I apprehend, is the phrase, if underbrothers, naming them, and then proceeded as fol- stood in that sense, otherwise than in conformity lows:-" Item, I direct my executors to pay by and with the popular and ordinary habits or modes of out of my personal estate exclusively, the sum of speech to whomsoever applied. The second question, 5001. a piece to each child that may be born to either therefore, as far as it goes, must, I apprehend, be of the children of either of my brothers, lawfully answered in the defendant's favour. The third quesbegotten, to be paid to each of them on his or her tion is one to which the answer is less obvious and NEWS attaining the age of twenty-one years, without benefit less easy. It has very long been settled, in point of of survivorship." At the date of the codicil and of technical interpretation and legal construction, that a the testator's death, there were other grandchildren gift to A and the heirs of his body lawfully begotten, of the testator's brothers besides the plaintiffs, and or a gift to A and his heirs lawfully to be begotten, also various children of the testator's brothers, and means neither more nor less than a gift to A and the WRIGHT V. KING. They cited Strictland v. Strictland (4 Beav. 146). The MASTER of the ROLLS said he could not re- Monday, Feb. 16. BIDDULPH v. LORD CAMOYS. consent. Cooke asked for an order to file exceptions nunc pro tunc by consent. The MASTER of the ROLLS.-That is forbidden; the order ought to be to file exceptions by consent, though the time for doing so has expired. Cooke would take the order so. VICE-CHANCELLOR KNIGHT the first, second, and of all and every other son and sons of the said Sir Thomas Head, lawfully to be begotten, according to priority of birth, and the heirs male of the body of such first and other sons respectively issuing." The question was, whether Walter James Head was entitled as a devisee in tail by purchase under those words. Walter James Head having been the son of Sir Thomas Head, was bora before the date of the will, and known to the testator when the will was made. It was contended that the words "to be begotten," and in another part of the will the words hereafter to be born," precluded Walter James Head from claiming, and shewed that he was not intended by the will to take. The distinguished judges who decided that case held that he was entitled by the will to take-a strong decision, perhaps, but certainly one entitled to very great consideration and attention. Their lordships appear to have thought that the words "to be begotten nerally, not universally, must be construed as latended to refer to the line merely, and not to the time of procreation, unless the context duly in evi ge 1 In this case a creditor had made an affidavit of debt the respective amounts of 8847. 10s. and 401. On the G. Simpson, for the petitioner. The CHIEF JUDGE said that he must have the dis- On the 18th Pain appeared for the assignees, and COMMISSIONERS' COURTS. Tuesday, March 17. (Before Mr. Commissioner FONBLANQUE). dence established a different intention properly attri- Bankrupt and Insolvent Courts. COURT OF REVIEW. March 9 and 18. Ex parte WATTS re SEDGWICK. Practice-Solicitor to the fiat-Leave to bid. The solicitor to a fiat presented a petition for leave to bid at the sale of part of the bankrupt's real estate, and by his petition made an offer for the property; the Court, under the circumstances, directed the property to be conveyed to him at the price offered, without requiring a sale by auction. This was the petition of the solicitor to the fiat, and prayed that he might be at liberty to bid at the sale of a house and premises, part of the bankrupt's estate, by commencing such bidding at the sum of 107. he undertaking to pay off all incumbrances upon the said house and premises. The fiat was issued on the 25th of May, 1844, and on the 11th of June, 1844, Messrs. Saunders and Watts were chosen creditors' assignees, and they appointed the petitioner their solicitor. Part of the real estate of the bankrupt consisted of the house and premises in question, situate at Hythe, and upon them there were incumbrances to Mr. Commissioner FONBLANQUE said he had pre have to be presented to the Master of the Rolls. Bagley, on behalf of the creditor.-In this case the proposed sureties and the creditor reside in Yorkshire, and it is sworn on the part of the creditor's attorney that the sureties reside more than 20 miles from his place of business, and that intimation of their intention to offer themselves as sureties could not reach him before the morning of the 5th. It was therefore impossible for him to make any inquiries into their means in time to instruct his agent by the morning of the 6th, for which the meeting was appointed. In the Course of Proceeding under 1 & 2 Vict. c. 110, s. 8, before Mr. Commissioner Holroyd, published under the direction of his Honour, the two following rules occur:1. Any debtor desirous of entering into a bond with sureties under section 8 of the statute, should cause to be given to the creditor or his attorney a notice in writing signed by the debtor or his attorney, of the debtor's intention so to proceed. 2. The notice should be 24 hours, at least, if the creditor and debtor's proposed sureties reside in town; and two days or more if the creditor or the debtor's proposed sureties reside elsewhere, according to the distance and means of communication. In this case the affidavit shews that two days' notice was not nearly long enough. It will be a very dangerous precedent to establish that debtors may put off giving notice until the very last moment, and so virtually deprive creditors of the opportunity of testing the sufficiency of the bail which they offer. It will be going counter to all the principles of the common law, which require that the party ac cepting the security of sureties should have ample opportunity of seeing whether those sureties can Justify. "IN THE COURT OF BANKRUTCY. "March 17, 1846. Mr. Commissioner FANE.-I am not disposed to "Before Mr. Commissioner Fonblanque. In the yield to this opposition. If I now refuse my approval matter of the Forth Marine Insurance Com-to this bond, I shall make the debtor a bankrupt. pany, bankrupt. That is a consequence which I have no wish to bring "By virtue of the authority given to this Court by about. I do not say that this is a proper notice, or an Act passed in the 7th and 8th years of the reign of that longer notice ought not to have been given; but her present Majesty, entitled, 'An Act for facilitating where we have only the ordinary affidavit of debt by the the Winding up the Affairs of Joint Stock Companies creditor, I do not see why we should refuse the ordiunable to meet their present Engagements, this nary affidavit of sufficiency by the debtor and his sureCourt doth order and direct, that William Cook and ties. If perjury is committed on either side, there is Lewis Mackinnon, the creditors' assignees of the a remedy by indictment: at all events, I will not inestate and effects of the above named company, bank-volve a debtor in the perils of bankruptcy, where the rupt, do forthwith apply to the High Court of Chan- sureties have filed the common affidavits. cery, by petition, in a summary way, to the Master Bond approved. of the Rolls, praying that all such orders and diWednesday, March 18. rections may be given as shall be necessary for the (Before Commissioners HOLROYD and EVANS.) final winding-up and settling the affairs of the said Re BAKER and EASTWOOD. company, and to compel a just distribution from all Practice-Costs. the members of the said company towards the full payment of all the debts and liabilities of the said company, and of the costs of winding-up and finally settling the affairs of such company. "JOHN S. M. FONBLANQUE, Commissioner." Mr. Commissioner FONBLANQUE.-I have not Mr. Commissioner FONBLANQUE.-Perhaps so. Lawrence then applied for the expenses of his clients. They ought to be included in the general costs; all parties were equally bankrupt in connection with the company. Mr. Commissioner FONBLANQUE.-I do not see Saturday, March 7. 1 & 2 Vict. c. 110, s. 8-Practice. In this case, the act of bankruptcy had been the filing of a declaration of insolvency under 5 & 6 Vict. c. 122. sect. 22. The bill of the solicitor to the fiat had been before the taxing officer of the Court, and contained the following items :Feb. 6.-Attending to file the declaration of s. d. insolvency of Baker Feb. 7.-Attending to bespeak, and for office 7 8 copy of the declaration of insolvency of Baker 9 2 The former item included 1s., and the latter 2s. 6d., the fees to the officer. The taxing officer had allowed the whole of the former item, but struck off from the latter all but the officer's fee of 2s. 6d. The solicitor to the fiat now appealed to the Court against the decision of the taxing officer, and submitted that both the items ought to be allowed in full. The two attendances charged for were very often made by different parties, and it was reasonable that, if the officer claimed two distinct fees, the solicitor should be allowed the same. The sum in dispute seemed indeed very trifling, but it was of some importance to solicitors of large practice in Bankruptcy, and had, for a long time, required to be settled. Mr. Commissioner HOLROYD.-We are both of opinion that the bill has been rightly taxed. There can be no good reason why the solicitor should not bespeak the office copy of the declaration of insolvency at the time at which he attends to file it. It is a mere attempt to create for himself additional costs, which the taxing officer, in the discharge of his duty, has very properly resisted. Taxation confirmed. PREROGATIVE COURT. Tuesday, March 17. Where a testamentary paper referred to another codicil and a paper of earlier date was produced indorsed "a codicil to my will," and there was no other |