THE JOURNAL AND RECORD OF THE LAW AND THE LAWYERS. FROM SEPTEMBER, 1851, TO MARCH, 1852. VOLUME XVIII. LONDON: PUBLISHED AT THE OFFICE OF THE LAW TIMES, 29, ESSEX-STREET, STRAND. 1852. LAW TIMES REPORTS OF ALL THE CASES ARGUED AND DETERMINED IN ALL THE COURTS OF LAW AND EQUITY, IN BANKRUPTCY, INSOLVENCY, NISI PRIUS, THE CRIMINAL COURTS, AND IN IRELAND, FROM SEPTEMBER, 1851, TO MARCH, 1852. VOLUME XVIII. THE REPORTS IN THIS VOLUME ARE CONTRIBUTED BY THE FOLLOWING GENTLEMEN: HOUSE OF LORDS, by W. H. BENNET, Esq. of Lincoln's Inn, Barrister-at-Law. PRIVY COUNCIL, by J. W. COOKE, Esq. of Lincoln's Inn, Barrister-at-Law. EQUITY COURTS. LORD CHANCELLOR'S COURT:-LORD TRURO, by R. G. WELFORD, and OWEN TUDOR, Esqrs. Barristers-at-Law; LORD ST. LEONARD'S, by C. H. KEENE, Esq. Barristerat-Law. The COURT OF APPEAL IN CHANCERY, by C. H. KEENE, Esq. Barrister-at-Law. ROLLS COURT, by J. MACAULAY, Esq. of the Inner Temple, Barrister-at-Law. VICE-CHANCELLOR_KNIGHT BRUCE'S COURT, by GEORGE S. ALLNUTT, Esq. of the Middle Temple, Barristerat-Law. VICE-CHANCELLOR LORD CRANWORTH'S COURT, by VICE-CHANCELLOR PARKER'S COURT, by G. S. ALLNUTT, VICE-CHANCELLOR KINDERSLEY'S COURT, by W. H. BENNET, Esq. Barrister-at-Law. COMMON LAW COURTS. The QUEEN'S BENCH, by ADAM BITTLESTON, Esq. of the Inner Temple, and PAUL PARNELL, Esq. of the Middle Temple, Barristers-at-Law. The COURT of COMMON BENCH, by JOHN THOMPSON, Esq. of the Inner Temple, and DANIEL THOMAS EVANS, Esq. of the Middle Temple, Barristers-at-Law. The COURT of EXCHEQUER, by FREDERICK BAILEY, Esq. and C. J. B. HERTSLET, Esq. of the Middle Temple, Barristersat-Law. The BAIL COURT, by T. W. SAUNDERS, Esq. of the Middle Temple, Barrister-at-Law. The EXCHEQUER CHAMBER, by the Reporters of the Courts from which the cases come. BANKRUPT AND INSOLVENT COURTS. The INSOLVENCY COURT, by DAVID CATO MACRAE, Esq. of the Middle Temple, Barrister-at-Law. COMMISSIONERS' COURTS, by JOHN A. FONBLANQUE, Esq. Barrister-at-Law. IRISH BANKRUPTCY COURT, by J. LEVY, Esq. Barristerat-Law. IRISH INSOLVENT COURT, by J. LEVY, Esq. Barrister-atLaw. NISI PRIUS, CIRCUITS, AND CROWN CASES. CENTRAL CRIMINAL COURT, by B. C. ROBINSON, Esq. of the Middle Temple, Barrister-at-Law. CRIMINAL APPEAL COURT, by A. BITTLESTON, Esq. of the Inner Temple, Barrister-at-Law. MIDLAND CIRCUIT, by ADAM BITTLESTON, Esq. of the Inner Temple, Barrister-at-Law. WESTERN CIRCUIT, by EDWARD W. Cox, Esq. of the Middle Temple, Barrister-at-Law. NORFOLK CIRCUIT, by J. B. DASENT, Esq. Barrister-at-Law OXFORD CIRCUIT, by J. E. DAVIS, Esq. Barrister-at-Law. SOUTH WALES CIRCUIT, by DANIEL T. EVANS, Esq. of the Middle Temple, Barrister-at-Law. NORTH WALES CIRCUIT, by MORGAN LLOYD, Esq. Barrister-at-Law. NISI PRIUS IN LONDON AND MIDDLESEX. QUEEN'S BENCH and COMMON PLEAS, by W. J. METCALFE, Esq. Barrister-at-Law. EXCHEQUER, by J. B. DASENT, Esq. Barrister-at-Law. ECCLESIASTICAL COURTS. ECCLESIASTICAL and ADMIRALTY COURTS, by DR. WADDILOVE, of Doctors' Commons. ELECTION LAW. REGISTRATION APPEALS in the COMMON PLEAS, by IRISH REPORTS. The LORD CHANCELLOR'S COURT, by J. BLACKHAM, COMMON LAW COURTS, by J. M'KENNA, Esq. Barrister- CRIMINAL COURTS, by W. ST. LEGER BABBINGTON, Esq. INCUMBERED ESTATES COURT, by JAMES BURKE, Esq. The Written Judgments are reported verbatim in Short-hand by Mr. H. GREGORY, Short-hand Writer. LONDON: PUBLISHED AT THE OFFICE OF THE THE OFFICE OF THE LAW TIMES, 29, ESSEX-STREET, STRAND. 1852. Anonymous, 35, 43, 48, 128, 226, 244, Bradfield v. Tupper, 78 258, 292 Bradley v. Phelps, 109, 261 Brewer (assignee of Leach and Anor.), Briarley v. Kendall and Others, 63, Bridges v. Hawkesworth, 107, 154 Bright v. Powell, 208 Brown v. Collyer, 66 Lord Henricker, Buckinghamshire County Court-Da- Murdock, 85 Atkinson and Another v. Stephens, Austin v. Tait, 97, 261 Avery v. Adams, 208 Budd and Others v. Bartie, 79 Bullivant v. Bellairs, 24 Burbidge v. Cotton, 88 Burgess v. Sturgiss, 133 Burmester v. Barron, 241 Burnie v. Getting, 253 Burton v. Driver, 208 Collier v. Kilham, 107, 121 Cameral v. Beauclerk (in error), 210 Coulthurst and Another v. Lowe, 80 Earl of Powis, 135 Copner v. Copner, 228 Corser v. Read, 75, 107, 137 Cotterell v. Jones and Another, 78, 95, Cottingham v. Doughty, 109 Cowley v. Hamp, 143 Crake v. Powell, 256, 275, 330 Craven v. The Sunderland Dock Com- Creasor v. Robinson, 82 Cross v. Cheshire, 65 Seaman, 77, 141 Crosse v. Keene, 314 Lawrence, 314 Crossley v. Crowther, 181 Crowe and Middleton v. Hutchinson, Burt v. Kelly and Another, 65, 97, 261 Crowley v. Vitty, 276 Burlington v. Richardson, 208 CALDWELL v. VANVLISSEN- Cambridge, Borough of,-Eaden, ap- Can v. O'Connor, 11 Cannan v. Good, 224 v. Smith, 208, 275 Carden v. Sparkes, 79 Taggart, 167, 218 Castro v. Morris, 263 Cato v. Irving, 345 Crowson v. Pearce, 263 DALE'S CASE-Re THE WIND- Waring, jun. 98, 247, 260 Another, 64 Davis v. Barrett, 59 Browne, 32 Evers et Uxor v. Ward, 317 Whincup v. Fisher, and four- EARLEY v. MIDDLETON, 32 The South Staffordshire Rail- East Lancashire Railway Company v. Chadwick v. Chester and Birkenhead Disom v. Cook, 165 Railway Company, 93 Dobson v. Brocklebank, 217 Cummings and Others, 75 v. Roe, 247 |