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John Watts, Tiverton, Devonshire, hatter.John Tate, Dar.

Saturday, March 25. lington, Durbam, iron merchant.-F. Chater, Wolverhampton, Assignees have been appointed in the following Cases. Pur. Staffordsbire, chemist.-Henry Dawbar, Lincoln, butcher.

ther particulars may be learned at the Office, in Portugal.

street, Lincoln's-inn-fields, on giving the Number of the PETITION ANNULLED.

Case. John Corner Blacklock and Thomas Robinson, Birmingham, John Henry Nainby, Regent-street, Lambeth, Surrey, not drapers.

in any business, No. 58,078 T.; Henry Saward, assignee.Scotch SEQUESTRATIONS.

George Banks, Wilmington, near Dartford, Kent, baker, No.

64,251 T.; John Durrant, assignee.—John Becks, Waterloo. Angus Ross, Inverness, ironmonger.-Robert Crauford, street, Camberwell, Surrey, out of employment, No. 64,219 Edinburgh, lime burner. Morris, Young, & Co., Kilmarnock, T. ; Thomas Reginald Kemp, assignee.-R. Robson, Ayton calico printers. Mrs. Caroline Allatt, Glasgow, lodging- Stile, Durham, out of business, No. 77.545 C.; Henry Gilpin, house keeper.

assignee. – D. Newman, Gloucester, lieutenant in the Militia,

No. 18,721 T.; Thomas John Alderson, assignee.- Klein INSOLVENT DEBTORS

Grant, Maidenhead, Berkshire, physician, No. 77,518 C.; Who have filed their Petitions in the Court of Bankruptcy, road, Paddington, Middlesex, civil engineer, No. 63.975 T.;

William Bernand, assignee.- Peter Paul Couch, Warerlyand have obtained an Interim Order for Protection from Walton Pell, assignee.-Henry Holmes, Boyle-st., Old Bar. Process.

lington-street, Middlesex, clerk, No. 63,327 T.; John Hook, Elizabeth Hall, Liverpool, lodging-house keeper, April 3 at assignee. -James Garside, Rishworth, near Halifax, York10, County Court of Lancashire, at Liverpool.-J. Woods, shire, publican, No. 76,241 C.; Henry Earnshaw, assignee. Liverpool, assistant to a hosier, April 3 at 10, County Court of

Saturday, March 25.
Lancashire, at Liverpool. - Alfred H. Brown, Barnstaple,
Devonshire, chemist, April 5 at 10, County Court of Devon-

Orders have been made, vesting in the Provisional Assignee shire, at Barnstaple.Wm. Parker, Milton-next-Gravesend,

the Estates and Effects of the following Persons:Kent, tailor, April 15 at 10, County Court of Kent, at

(On their own Petitions). Gravesend. - Chas. Grey, Newcastle-upon-Tyne, shipbroker's

James Bonny, Reigate, Surrey, licensed victualler: in the clerk, April 13 at 10, County Court of Northumberland, at Gaol of Surrey.-James Knapp the elder, Summer-cottages, Newcastle-upon-Tyne.-Christopher Nelless, Newcastle-upon- Wertemberg-grove, Clapham, Surrey, out of business : in the Tyne, cartman, April 13 at 10, County Court of Northumber- Gaol of Surrey.-John Doggett, oid Church-st., Edgewareland, at Newcastle-upon-Tyne.-John Gallon the younger, road, Middlesex, out of business : in the Debtors Prison for Newcastle-upon-Tyne, blacksmith, April 13 at 10, County London and Middlesex.— Thomas Gibson, Wellington-place, Court of Northumberland, at Newcastle-upon-Tyne.- David Old Kent-road, Surrey, out of business : in the Gaol of Surrey. Liddle, Newcastle-upon-Tyne, general dealer, April 13 at 10, – Simon Jonas, Clifton-street, Finsbury, Middlesex, dealer in County Court of Northumberland, at Newcastle-upon-Tyne. jewellery: in the Queen's Prison.-A. Řowsell

, Upper Eaton- John Gaddes, Gateshead, Durham, clogger, April 17 at 10, street, Pimlico, Middlesex, waiter to a coffee-house keeper: County Court of Durham, at Gateshead.-G. Weatherall, in the Debtors Prison for London and Middlesex.-Charles Nottingham, out of business, April 11 at 9, County Court of Cole, Upper Eaton-street, Pimlico, Middlesex, waiter to Nottinghamshire, at Nottingham.-Wm. Spiby, Nottingham, coffee-house keeper : in the Debtors Prison for London and engineer, April 11 at 9, County Court of Nottinghamshire, at Middlesex.- Frederick W. Rudkin, Seymour-place, EustonNottingham.-- George Fish, Arnold, Nottinghamshire, shoe- square, Middlesex, coal merchant: in the Debtors Prison for maker, April 11 at 9, County Court of Nottinghamshire, at London and Middlesex.-Thomas Stephenson, Calvert-street, Nottingham.-Joseph Toms, Exeter, builder, April 18 at 10, Old Gravel-lane, Middlesex, out of employ : in the Debtors County Court of Devonshire, at Exeter.— Charles D. Wills, Prison for London and Middlesex.-Wm. Lloyd, York-st., Exmouth, Littleham, Devonshire, painter, April 11 at 10, Westminster, Middlesex, licensed victualler : in the Queen's County Court of Devonshire, at Exeter. - Henry Egginton, Prison.-Henry Corsten, Hungerford, or Grand Hall, HanSheffield, Yorkshire, brass turner, April 12 at 12, County gerford market, Strand, Middlesex, florist : in the Debtors Court of Yorkshire, at Sheffield.Joseph Green, Sheffield, Prison for London and Middlesex. — Jas. Gordon, Jewry-st., Yorkshire, beer-house keeper, April 12 at 12, County Court of Aldgate, London, teacher of mathematics : in the Debtors Yorkshire, at Sheffield.—John Taylor, Sheffield, Yorkshire, Prison for London and Middlesex.-Samuel Wood Grades, anvil manufacturer, April 12 at 12, County Court of York- Warwick-st., Pimlico, Middlesex, gentleman : in the Debtors shire, at Sheffield. - Wm. Abbott, Sheffield, Yorkshire, shoe. Prison for London and Middlesex.- John O'Hara, Talbot. maker, April 12 at 12, County Court of Yorkshire, at Shef- villas, St. Columb's-road, Paddington, Middlesex, clerk to a field. - John Shaw the younger, Sale Moor, Cheshire, out of builder : in the Debtors Prison for London and Middleses.employment, April 29 at 11, County Court of Cheshire, at Jonathan Bath, High-street, Camden-town, Middlesex, beer Altrincham.-Anne Turner, Hereford, fishmonger, April 13 at retailer : in the Debtors Prison for London and Middlesex.10. County Court of Herefordshire, at Hereford.-E.G. Stone, Henry Houghton, Queen's-road, Bermondsey, Surrey, waterHastings, Sussex, tailor, April 17 at 11, County Court of proofer: in the Gaol of Surrey.-Edward Scott, Haswell. Sussex, at Hastings.- Richard Neale, Coventry, Warwick cottage, Epsom, Surrey, tea dealer : in the Gaol of Surrey.shire, loom maker, April 19 at 12, County Court of Warwick- Henry Baker, Adam and Eve-court, Old Oxford-street, Midsbire, at Coventry:- John Henson the younger, Keresley, near dlesex, out of business : in the Debtors Prison for London and Coventry, Warwickshire, grocer, April 19 at 12, County Court Middlesex.—Jonathan Bayley Shaw, Philip-lane, Wood-st., of Warwickshire, at Coventry.--Henry Nicholls, Coventry, Cheapside, London, out of employ: in the Debtors Prison for Warwickshire, coachman, April 19 at 12, County Court of London and Middlesex. Warwickshire, at Coventry. - Frederick Short, Lyndhurst,

(On Creditor's Petition). Southampton, baker, April 7 at 10, County Court of Hampshire, at Southampton.-Martha Taylor, Leckhampton, Glou.

Jane Bright, Northumberland-street, Strand, Middlesex, cestershire, out of business, April 18 at 10, County Court spinster : in the Debtors Prison for London and Middlesex. of Gloucestershire, at Cheltenbam.- Owen Gormley, Man.

(On their own Petitions). chester, publican, April 17 at 12, County Court of Lancashire, Thomas Andrews, Ridgway, Worcestershire, innkeeper: in at Manchester. Thomas Ladkin, Shearsby, Leicestershire, the Gaol of Worcester.- Ezra Evans, Bengeworth, Evesham, licensed victualler, April 21 at 11, County Court of Leices. Worcestershire, nailer : in the Gaol of Worcester.- Ephraim tersbire, at Lutterworth.-C. Marriott, Derby, butcher, April Chamberlain, Moulton, near Northampton, attorney's clerk: 15 at 12, County Court of Derbyshire, at Derby.-J. Martin, in the Gaol of Northampton.-William Johnson the elder, Litchurch, Derbyshire, beer-house keeper, April 15 at 12, Downham Market, Norfolk, bone crusher : in the Gaol of County Court of Derbyshire, at Derby. – Barritt Greenwood, Norwich.- William Strickland Eccles, Burnley, Lancashire, Manningham, near Bradford, Yorkshire, out of business, foreman to a tailor: in the Gaol of Lancaster. - James Wm. April 11 at 11, County Court of Yorkshire, at Bradford.— Holland, Longsight, near Manchester, out of business : in the Jas. Shuttleworth, Bradford, Yorkshire, beer-house keeper, Gaol of Lancaster. -H. Smith, Portsea, Hampshire, builder : April 11 at 11, County Court of Yorkshire, at Bradford. in the Gaol of Winchester.-W. Boyd, Kingston-upon-Hall,

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out of business : in the Gaol of Kingston-upon-Hull. -John At the County Court of Derbyshire, at Derby, April 15 Brown, Manchester, salesman : in the Gaol of Lancaster.

at 12. Thomas Cornall, Preston, Lancashire, labourer : in the Gaol James Topliss, Ticknall, accountant. of Lancaster.-D. Harrison, Blackburn, Lancashire, wholesale butcher: in the Gaol of Lancaster.- Alexander Henderson,

At the County Court of Sussex, at LEWES, April 18. Manchester, stationer: in the Gaol of Lancaster-R. Roscoe,

James Crisford, Westfield, grocer. Salford, Lancashire, beer seller : in the Gaol of Lancaster.- At the County Court of Warwickshire, at COVENTRY, James Cuttler, Buckland Newton, Dorsetshire, innkeeper : in

April 19 at 12. the Gaol of Dorchester.-James Gilchrist, York, beer seller : Joseph Baylis, Birmingham, maltster. - John Bond Cooke, in the Gaol of York.- Richard Kent, Leeds, Yorkshire, Manchester, out of business. -Wm. J. Scott, Birmingham, dealer in milk : in the Gaol of York.-Henry Watson, Bir attorney's clerk.-James Tams, Birmingham, dealer in glass. kenhead, Cheshire, civil engineer : in the Gaol of Chester.- -John Shaddoch, Redditch, shoemaker.-Wm. Hackwood, George Card, Tunbridge Wells, Tunbridge, Kent, fly driver : Shelton, manufacturer of earthenware. in the Gaol of Maidstone.-Richard Wm. Dadd, Rochester, | At the County Court of Gloucestershire, at GLOUCESTER, Kent, out of business : in the Gaol of Maidstone.- John H.

April 25. Drew, Plymouth, Devonshire, baker : in the Gaol of St.

Joseph William Cave, Horfield, near Bristol, slater. Thomas-the-A postle.- Francis Denman, Bridgewater, Somersetshire, miller : in the Gaol of Wilton.-Henry Faulkner, Bridgewater, Somersetshire, coach builder : in the Gaol of COURT FOR RELIEF OF INSOLVENT DEBTORS Wilton.—John Hedges, Battonsborough, Somersetshire, inn

IN IRELAND. keeper : in the Gaol of Wilton.-John Daniels, Manchester, The following Prisoner is ordered to be brought up before venetian blind manufacturer: in the Gaol of Lancaster.

the Court, in Limerick, April 12 at 9, to be dealt with Herbert Woolley, Woolwich, Kent, third engineer : in the Gaol of Maidstone. — Thomas Walton, Manningham, near

according to the Statute:Bradford, Yorkshire, commission agent : in the Gaol of York.

John Hassett, Limerick, mineral water manufacturer. - Thomas Leeder Daniels, Saxlingham, Nethergate, Norfolk,

LAW BOOKS butcher: in the Gaol of Norwich. - James Seddon, Ardwick, Manchester, pattern card maker : in the Gaol of Lancaster.

STEVENS & NORTON, 26, Bell-yard, Lincoln's-inn ; S. The following Prisoners are ordered to be brought up before SWEET, 1, Chancery-lane; and w. MAXWELL, 32,

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In 2 vols. royal 850., price 31. 36. boards, Surrey, borse dealer. --Samuel Wood Gravee, Warwick-st., ROPER'S TREATISE on the LAW Of LEGACIES.

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In royal 8vo., price 11. boards, The following Prisoners are ordered to be brought up before COOTE on the LAW of MORTGAGE; with an Appendix a Judge of the County Court, to be examined and dealt with according to the Statute :

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of Executory Interests in Real and Personal Property. By JOSIAH Richard Thomas Hart, Wilmington, near Dartford, licensed W. SMITH, Esq. Card, , mail

In 2 vols. royal 8vo., price 11. 168. boards, end, retailer of beer.-Richard Wm. Dadd, Rochester, out of

Tenth Edition. business. - Herbert Woolley, Woolwich, third engineer.

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Designed for the use of Students. Ninth Edition. By H. H. April 11 at 10.

WHITE, Esq. Ezra Evans, Evesham, nailer.—Thos. Andrews, Ridgway,

In royal 8vo., price 108. boards, innkeeper.

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Founded upon the Text of ROPER; and comprising Mr. engineer.

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DWARRIS'S TREATISE on STATUTES; their Rules Thomas Leeder Daniels, Saxlingham, Nethergate, butcher. of Construction, and the proper Boundaries of Legislation and of -William Johnson the elder, Downham Market, out of Judicial Interpretation, including a Summary of the Practice of Parbusiness.

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AUDITORS.

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No. 900—Vol. XVIII.

APRIL 8, 1854.

PRICE 18.

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NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT OF APPEAL IN CHANCERY.

COURT OF Queen's BENCH.
Pennell o. Deffell.-(Truslee-Balance standing to pri. Reg. v. The Commissioners of Land Tax for the Tower
rate Account of, at a Bank- Appropriation of

Division of Middlesex.-(Land Tax-A88e8sment Items in, where the Account was of Receipts and

- Parishes and Places within Division-Fixed Payments in respect both of the Trust Fund and the

Quotas-38 Geo. 3, cc. 5, 60)

285 Trustee's own private Funds).

273

COURT OF COMMON Pleas.
ROLLS COURT.

Lewis o. Clifton.-(Pleading-Discharge of Contract
Young o. White.—(Plea-Sufficiency– Infringement

- Wrongful ActEstoppel)

291 of Patent-Discovery-Materiality of Allegations

EXCHEQUER CHAMBER. – Evidence before a Jury)..

277

Gilpin v. Fowler.-(Libel- Privileged Communication VICE-CHANCELLOR KINDERSLEY'S COURT.

-Malice-Question for Jury-Rector of ParishIn re The Marylebone Bank.-(Winding up-Call).. 281 Schoolmaster)

292
VICE-CHANCELLOR STUART'S COURT.

COURT OF EXCHEQUER.
Atkinson o. Grey.- (Covenant for future Payment- Dent v. Basham.-(6 & 7 Vict. c. 73, 8. 37Attorney
Contingent Debt-Specialty Creditor-Legal As-

- Judge's Order-Action).

295 sets-Principal and Surety)

282

COURT OF ADMIRALTY.
VICE-CHANCELLOR Wood's COURT.

The Aliwal.—(Collision-Lights 14 & 15 Vict. c.79,
Joy o. Aspinwall.-(Trustee-Unlawful Trust) 284 8. 28).

296

ADVERTISEMENTS.

tion with Oxford, Cambridge, Dublin, and the London The Scale of Charges for Advertisements will in future be University, the degree in which would be considered a as follows :

£ 8. d. test of competency previous to admission to certain of For 2 lines or under

0 2 0

the more important of the public departments.” It 3

0 2 6 4

0 3 0

will be remembered that the Government of India Act 5

0 3 6 of last session established the principle, that all appoint6

0 4 0

ments in the civil service, and in the scientific branches And so on, at the rate of 6d. per line.

of the Indian army, should be thrown open to merit; A discount, proportioned to the number of repetitions, and, acting on the same principle, Sir Charles Trevelyan spill be allowed upon all Advertisements ordered for three or more insertions.

and the Rev. Mr. Jowett have prepared a plan, some

what of the same kind, with respect to the organisation LONDON, APRIL 8, 1854.

of the civil service in this country. One portion of the

plan, to which a great objection has been urged, is, We believe that the time has arrived when the that this immense mass of patronage would be pracquestion of legal education may be considered to some tically transferred from the heads of departments to extent apart from the exclusive and peculiar interests a board of examiners. Into this objection we do not of the Profession. No doubt it is a matter of great propose to enter, for if a degree were received as a test importance that we should possess in this country an of competency, the head of the department would be order of advocates, distinguished by their learning, ac- enabled to make his patronage and his responsibility quirements, and general ability-an order from which still go together. Of course, we do not propose that our judges are selected, and an order which has given every clerk in the Customs or in the Post-office should many of our greatest statesmen and orators to Par- be a graduate well up in classics, mathematics, and liament. The question which has recently been sug- in public and private law; we confine our observations gested, rather than definitely stated, in Parliament, on to those departments of the public service in which a this subject, is, whether it would not be possible so to knowledge of law is not a mere gentlemanly accomimprove the curriculum of legal education, by giving it plishment, but an absolute and indispensable necessity. a more general and scientific character, as to attract to Anciently England possessed a Legal University, which the Legal University those young men who are candi- is described by Lord Coke " as the most famous unidates for appointments in some of the higher branches versity for the profession of the law, or of any human of the public service. This point was well put by the science, that is in the world, in which the readings and Solicitor-General in the course of the discussion which other exercises of the laws therein used are most exceltook place on Mr. Napier's motion for a commission to lent and behoofful for attaining to the knowledge of li inquire into the system of legal education provided in these laws.” When “the readings, mootings, boltings, the Inns of Court. The honourable and learned gentle and exercises,” so much commended by Lord Coke, man said " he hoped to see the time when a great Legal became mere forms, all scientific instruction in our University would be constituted, to act in co-opera- | own common law-which was the only branch of Vol. XVIII.

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jurisprudence taught in the Legal University—may besideration, that a coroner should also be equally acsaid to have departed the realm. A system of instruc- quainted with the rules of evidence and the general tion, however, insensibly and necessarily grew up, principles of criminal law. Under the proposed meawhich was found convenient, and eminently successful sure for the establishment of public prosecutors, a in forming the mere technical lawyer—we mean the course of this description would be most valuable, as system of reading in chambers; and we could cite well to magistrates as to all other persons concerned in many illustrious instances of men of superior intellect the administration of criminal justice. This system and indefatigable industry, who, almost by their own would, in fact, be nothing more than a substantial reunaided and undirected endeavours, by hard reading constitution of the Inns of Court as a great Legal Uni. and the irksome task of copying pleadings, have be-versity. Fortescue, C. J., says, “ that the Inns of Court come profound masters of particular branches of juris- consisted of two sets of collegiate houses—one called the prudence. Within the last ten years various attempts Inns of Chancery, in which the younger students of the have been made to improve the system of instruction law were usually placed, learning and studying the oriwhich exists in the different Inns of Court. Lecturers ginals, and, as it were, the elements and principles of the have been appointed, scholarships have been established law, who profiting therein as they grew to ripeness, so for the most distinguished students-in short, a great were they admitted to the greater inns of the same improvement has been effected; but still the examina- study; and in these inns of both kinds, barons and tion is not compulsory, and therefore any person who knights, and other grandees and noblemen of the kingwishes to acquire the status of a barrister can do so dom, were accustomed to place their children, though by payment of a certain sum, by eating so many they did not desire to have them thoroughly learned dinners, and by attending so many lectures. When in the law, or to get their living by its practice.” We he is called to the Bar, not the slightest test is re- trust, therefore, that the effect of Mr. Napier's motion quired for the purpose of ascertaining whether he has will be, not only to improve the course of instruction ever opened a law book, or whether he knows the afforded in our Inns of Court, by enlarging its basis, commonest principles of that Profession of which he is and rendering it of a more scientific character, but that thus permitted to become a nominal and an honorary it will attract to the study of the law those public member. If we are to have an efficient system of legal servants in the higher departments of the State, to education, the first measure will be to require an exa- whom, we repeat, some amount of legal knowledge is mination in all cases, as a test of competency; and the an absolute necessity. We would not, however, consecond will be to increase the number of the professors. fine these advantages to the Legal University; we hope The existing chairs are those of civil law, constitutional that Oxford, Cambridge, and the London University law, real property, equity and common law; to these will offer to students the same course of instruction; there should be added chairs of commercial law, com- and that, for the future, no man will have the opporparative law, international law, medical jurisprudence, tunity of saying, as the Solicitor-General stated before and logic and rhetoric. It will readily be admitted Mr. Wyse's committee, “that it is obvious to every that a knowledge of commercial law is most important person who is thoroughly acquainted with the tone in a country like England, with its enormous trade in and manner of the education of young men, that their every quarter of the world; and the events which are habits as students are directed by what you may denopassing around us at the present time shew the abso- minate merely practical attainments; and that you can lute necessity which exists, not only that lawyers, but scarcely find an instance of a young man who has comthat our merchants generally, should be acquainted menced his legal studies by laying anything like that with those laws of war which affect so directly their broad foundation of the study of jurisprudence in such personal interests. In the diplomatic and consular ser- a manner as you would desire it to be done as a prepavice, it is a matter of the highest importance that all rative to the practical details into which the student attachés, secretaries of legation, and consuls should have must almost immediately enter.” In almost every a competent knowledge, not only of the municipal law other profession and calling a preliminary test of comof their own country, but of international law, com- petency is required. The physician, the surgeon, the mercial law, the interpretation of treaties, the rights of apothecary, the master of a ship, and the solicitor, are belligerents and neutrals, &c.; for it has sometimes required to undergo some preliminary and compulsory happened that an individual in a subordinate position examination, necessary both for themselves and for the has been obliged, in the absence of his superior, to un- benefit of the public at large; and we are at a loss to dertake, upon the instant, the conduct of most difficult conceive on what principle an individual should be and delicate negotiations. To clerks in the foreign and allowed to purchase the status of an advocate without colonial office, as well as to candidates for diplomatic the slightest or the most indefinite test of competency, employment, the degree of the Legal University, we are Mr. Napier deserves the thanks of the Profession for persuaded, might be required with great advantage to having called the attention of Parliament to this subthe public service. With regard to medical juris- ject; and we trust, that by means of the inquiry which prudence, a knowledge of that most important subject is now to be instituted, the Inns of Court will at length is only to be acquired by attending medical jurispru- be restored to their ancient and dignified position as dential lectures at some of the great hospitals; and this integral portions of the Legal University, and that they circumstance has, on many occasions, led the public to will exercise that general and systematic control over appoint members of the medical profession to the legal the instruction of students which is as necessary for office of coroner, solely on account of their medical the interests of the Profession as for those of the public knowledge, and without regard to the important con- at large.

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