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No. 910—Vol. XVIII.
JUNE 17, 1854.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
riers- Implied Authority of Servants - General Superintendent - Conversion)
510 Hindson o. Wetherill.—(Solicitor and Client-Soli
M'Kinnon v. Penson.- (County Bridges - County Sur. citor may take a Benefit under his Client's Will
veyor, Liability of)..
513 prepared by the Solicitor himself—Evidence- Oral Examination of Parties as Witnesses on Appeal).. 499
COURT OF QUEEN's Bench,
Couch o. Steel.-(Shipping-Contract of Seaman-
Unseaworthiness - Right of Action - Supply of Harryman o. Collins.—(Mortgage of adjoining Closes
Medicines—7 88 Vict. c. 112, 88. 18, 62—Breach Mistake Acquiescence Apportionment of
of Duty-Special and private Injury)
Wilmot o. Rose.-(Construction of Statute-Farming Storry o. Walsh.-(Vendor and Purchaser -Title
Stock-Sale by Tenant-Removal by Purchaser Charge of Debts and Legacies-Sale by Devisee of
56 Geo. 3, c. 50, 8. 11)
COURT OF COMMON PLEAS.
Stokes v. Grissell.-( County Court-Affidavit-9 810 Coape o. Arnold.- Arnold o. Coape.-(Will and Co
Vict. c. 95, 8. 128-Twenty Miles in a direct Line dicil - Construction Contingent Remainder
-15 & 16 Vict. c. 54, 8. 4-Jurisdiction of Court Equitable Estate-Shelley's Case, Rule in-Result
to review Judge's Order under)......
519 ing Trust)...
COURT OF EXCHEQUER.
Ex parte Summers, in re M‘Killar v. Summers.
(County Court-Certrorari-Prohibition-InterMaintenance and Education).. 508 pleader)......
LONDON, JUNE 17, 1854.
attached to the forms of actions as influencing the
amount of damages. We hear a "wrongdoer” spoken The important subject of the measure of damages is of as if any amount of damages might properly be daily receiving new illustrations in our courts of jus awarded against him; this expression is confined to tice. It is only in comparatively recent times that defendants in actions ex delicto; and then further disquestions of this nature have been brought within the tinctions are sought to be made, sometimes without domain of legal science, inasmuch as formerly it was sufficient grounds, in the different species of actions the custom to leave them at large to the jury, whose ex delicto. Now, the fact is, that a man who wilfully discretion in such inatters was very seldom interfered breaks a contract is often as much a “wrongdoer" as with by the Court. The jury were said to be “chan- one who commits an injury remediable only by an cellors,” who might give such damages as “the case action of tort; sometimes he is more of a wrongdoer required in equity.” (2 Roll. Ab., “ Trial,” 703, pl. 9). than the other, as, for instance, where confidence has
It is now, however, admitted that there are certain been reposed in him. Again: the forms of actions do fixed principles by which, in a majority of cases, the not of themselves afford any certain criteria ; somejury should be regulated in their assessment of da- times they are convertible in practice. Thus, where a mages; that it is the duty of the judge to direct wrong has been done, the party injured may often the jury upon these principles; and that if they are waive the tort, and treat the matter as one of contract : manifestly disregarded, the Court will interfere in he has also frequently a choice of several actions of order to see that right is done between the parties. tort; as, for instance, if his goods are taken from him, The line is, doubtless, to be drawn with care, in order he may, in general, sue either in trover or in trespass to prevent a usurpation by the judges of the true func- de bonis asportatis. In one respect, a substantial diftions of a jury; but yet, in the greater number of in- ference has been recognised between actions of trespass stances, it can and ought to be drawn so as to be pro- and trover, viz. where the article taken or converted is ductive of advantage to the suitors and to the cause of of a fluctuating value, and there has been a demand justice. We propose briefly to consider the leading and refusal to deliver it at a period when it was of a principles which may now be said to be established higher value than it possessed when first taken, Here, upon this subject. But let us first endeavour to if the action be trespass, the tbking alone is the wrong, remove one of the many erroneous impressions pro- and only the value at the time of the taking can be duced by the use of certain words, which either awarded; but if it be troves, as the conversion is the never had, or have ceased to have, a definite meaning. gist of the action, and the plaintiff is entitled to the Too much weight, it appears to us, is sometimes value of the article at the time of the conversion, he VOL. XVIII.
may recover the value either at the time of the first gether intolerable--and that easy to be known which is conversion, or at the time of the subsequent conversion, now almost beyond comprehension.” This is a great viz. when it was demanded and refused. (See Martin and important work, and the opinions of those who v. Porter, 5 M. & W. 351). It is difficult, however, announced it in these clear and forcible expressions are on principle, to see why a trespasser should be better entitled to all respect. But in proportion to the vast treated than a converter of goods: in the former case, importance of the work proposed should be the care the defendant has been a wrongdoer ab initio; in the that its nature is thoroughly understood before it is latter, he is supposed to have obtained the goods right- entered upon. It is easy to say, Begin immediately fully in the first instance, and then to have wrongfully codification, like any other work, is only to be done appropriated them. It might be proper to give the by working at it.” But then suppose we begin at the same effect to the demand and refusal in both cases. wrong end, or begin and work altogether on a false
The true principle to be adopted in the assessment principle; and suppose, which is possible, we find some of damages is to place the party injured as near as little difficulty in discovering the men among us who may be in the same position as if the wrong
can marshal disordered ideas.” It is much easier to been inflicted. This rule is, however, limited, on the find men who can confuse and disorder ideas, both in one hand, by subordinate rules relating to the remote- speaking and writing, than men who can snuff and ness of damages; and, on the other hand, it is enlarged, marshal them. in some instances, by reason of the presence of aggra- In a former number of THE JURIST (No. 880, vol. 17, vating circumstances. A very clear rule has been re- part 2, p. 459) the reasons were stated why a code o cently laid down for the purpose of regulating the the entire statute and common law is an impossible amount of damages upon a breach of contract, namely, operation. The common law codified would no longe that it should be such as naturally flows from the be common law. Doubtless many of those who cal breach, or such as the parties may be reasonably sup- for codification would say, “So much the better;" fo! posed to have contemplated upon the making of the the common law is a vast and not very easy branch o contract. (Hadley v. Baxendale, 9 Exch. 347 ; see 18 knowledge, which Bentham, the great apostle of codi Jur., part 1, p. 358). If there has been fraud, the fication, who saw, or at least looked at, only the abuse jury might perhaps be justified in giving damages by and corruptions of the common law, (such as were ex way of punishment on the fraudulent party. (See Code hibited in the law of evidence and the rules of plead Civil, liv. 3, tit. 3, s. 1150). Wrongs inflicted indepen- ing, which Bentham’s exertions mainly tended to dently of contract are either to property, to the person, reform), omitted no opportunity of attacking and ridi or to personal feelings. In the first instance, the in- culing; and the far greater number of the advocates o jury can be calculated with tolerable accuracy, and the complete codification are quite content with Bentham" amount should represent the actual pecuniary loss sus- authority against the common law, without going fur tained by the party. The damages are to be compen- ther. But there is no man so learned, and what i satory, not exemplary or vindictive. If, however, there more, so wise, who would not do well not to place im have been circumstances of fraud, malice, or oppression, plicit confidence in the infallibility of his own know the jury may, it appears, award a larger amount as ledge and his own wisdom. One of the most able and punitory damages. In the two latter cases, where the distinguished friends of Bentham, a man of an un injury is to the person or the feelings, the principle of usually powerful and clear understanding, in advocatin compensation should still be kept in view, as far as it on one occasion his views, which were, like Bentham's can be; but the standard must vary so much, according in favour of a complete code, cited in support of hi to all the circumstances, that no fixed rule can be laid position the authority of Bacon. The passage he down; the jury have a large discretion, which will not quoted was the 59th Aphorism of Bacon's Exemplum be interfered with by the Courts, unless the amount Tractatûs de Justitiâ Universali, sive de Fontibu awarded is so excessive as to amount to a manifest Juris, in the De Augm. Scient., lib. 8:—"Quod si lege injustice.
aliæ super alias accumulatæ in tam vasta excreverin
volumina, aut tantâ confusione laboraverint, ut eas d We have received an abusive letter from Mr. Whar- integro retractare, et in corpus sanum et habile redi ton, attributing our review of his “ Articled Clerks' gere, ex usu sit; id ante omnia agito, atque opus ejus Manual” to interested motives. As it does not contain modi opus heroicum esto; atque auctores talis operis a word in defence of the book, we cannot insert any inter legislatores, et instauratores, rite et merito nume part of it.
rantur." Upon which he subjoined this remark:
“We have had a Legislature sitting during a space o CODIFICATION*.
200 years from the time when Bacon announced th
greatness and importance of the work of codification is THOSE who contend for what they call “codification, undone."
those magnificent terms, and all this time the work i or the conversion of all law into a written and systematically arranged code-not like the
Code Napoleon, on codification, as he expresses it, “ De novis digesti
Now, the inference from this is, that Bacon's view stant reference to precedent for the meaning of all its legum,”.or." digest of laws,” corresponded in technical terms, but a code containing within itself all points with those of the writer; whereas the aphorison that is necessary for its own interpretation, together in that section of Bacon's Tractatus, in the 8th book a with a perpetual provision for its own emendation the De Augmentis, are little
, or rather are nothing and improvement”--protest against what they term more than a translation into Latin of what he has sai the stupid blunder, that to make a code is to make new in his .“ Proposition” to King James, “touching th laws—that the existing laws are to be swept away, and compiling and amendment of the laws of England, a new set put in their place. “When we speak of ex
though his meaning is much more obscurely brough pressing the law better, they say, “ we mean nothing out in the Latin version; which, indeed, its being else. We mean not to alter the law in a tittle. We very concise abridgment of the English work maj mean to improve the expression—to make that clear, sufficiently account for. which is now obseure that distinct which is now am
In the 60th Aphorism, Bacon merely puts in a con biguouhai anderly which is now a mass of disorder densed form what he has said, in his Proposal fo --that sucninct which is now prolix to a degree alto- amending the Laws of England, respecting the re
ducing or perfecting of the course or corps of the com From a correspondent.
mon laws." But in the 61st Aphorism he has very 2
distinctly expressed his opinion that a totally different Augm., lib. 8, c. 3, aph. 73), is shewn by the passage mode of treatment must be adopted in the business of we have cited from the “Proposition.” The following digesting the common law and the statute law. To extract from the same tract will shew how he proposed place this beyond dispute, we shall here quote the to amend the records of the common law. @1st Aphorism :-“Omnino vero ex usu fuerit, in novo “This work is to be done, to use some few words, which digesto legum, leges pro jure communi receptas, que is the language of action and effect, in this manner. tanquam immemoriales sunt in origine sua, atque ex “ It consisteth of two parts, the digest or recompiling altera parte statuta de tempore in tempus superaddita, of the common laws, and that of the statutes. sorsum digerere et componere: cum in plurimis rebus, “ In the first of these, three things are to be done, non eadem sit in jure dicendo, juris communis et sta- “1. The compiling of a book De Antiquitatibus tutorum interpretatio et administratio. Id quod fecit Juris.' Tribonianus in digesto et codice."
“2. The reducing or perfecting of the course or corps It is to be observed that he does not mean here by of the common laws. the words “digerere et componere” what Bentham and “3. The composing of certain introductive and auxihis party mean by codification. It is clear from the liary books touching the study of the laws." whole of the context in this Tractatus, as well as in his After stating what is to be done in the first of these Proposal, that he means to do no more with the com- divisions, he proceeds:mon law than what was described in this journal as “For the second, which is the main, there is to be practicable and most desirable, namely, to expunge made a perfect course of the law in serie temporis, or precedents which have been overruled or have become year books, as we call them, from Edward I to this day. obsolete, and to express in clear and concise language In the compiling of this course of law or year books, the all that is material of circumstance, decision, or dictum points following are to be observed. in those which remain.
“ First, all cases which are at this day clearly no In his English work referred to, his Proposal for law, but constantly ruled to the contrary, are to be left amending the Laws of England, Bacon answers an ob- out; they do but fill the volume, and season the wits jection on this very point, of the essential distinction of students in a contrary sense of law.” &c. between common law and statute law, in terms which “Secondly, Homonymiæ,' as Justinian calleth them should leave no doubt as to his opinion on the subject :-1-that is, cases merely of iteration and repetition--are
"Obj. IV. Labour were better bestowed in bringing to be purged away, and the cases of identity which the common laws of England to a text law, as the sta- are best reported and argued to be retained instead of tutes are, and setting both of them down in method the rest; the judgments, nevertheless, to be set down and hy titles.
every one in time as they are, but with a quotation or Resp. It is too long a business to debate whether reference to the case when the point is argued at large; 'lex scripta, aut non scripta,' a text law, or customs but if the case consist part of repetition, part of new well registered, with received and approved grounds matter, the repetition is only to be omitted. and maxims, and acts and resolutions judicial, from “ Thirdly, as to the 'Antinomiæ,' cases judged to the time to time duly entered and reported, be the better contrary, it were too great a trust to refer to the judgform of declaring and authorising laws. It was the ment of the composers of this work to decide the law principal reason or oracle of Lycurgus that none of his either way, except there be a current stream of judglaw should be written. Customs are laws written in ments of later times, and then I reckon the contrary living tables, and some traditions the Church doth not cases among cases obsolete, of which I have spoken disauthorise. In all sciences they are the soundest that before; nevertheless this diligence would be used, that keep close to particulars; and sure I am there are more such cases of contradiction be specially noted and coldoubts that rise upon our statutes, which are a text law, lected, to the end those doubts that have been so long than upon the common law, which is no text law. But, militant may, either by assembling all the judges in howsoever that question be determined, I dare not advise the Exchequer Chamber, or by Parliament, be put into bo cast the law into a new mould. The work which I certainty: For to do it by bringing them in question propound tendeth to pruning and grafting the law, and under feigned parties is to be disliked. “Nihil habeat hot to ploughing up and planting it again; for such a forum ex scena. remove I should hold indeed for a perilous innovation.” “Fourthly, all idle queries, which are but semina
In the number of THE JURIST above referred to have ries of doubt and uncertainties, are to be left out and been stated the reasons against attempting to codify omitted, and no queries set down but of great doubts the common law. The process has also been pointed well debated, and left undecided for difficulty; but but which would reduce the existing thousand volumes no doubting or upstarting queries, which, though they of precedents to twenty, and would thereby “tend, be touched in argument for explanation, yet were betmore than any other measure, to facilitate and improve ter die than to be put into the books. the practice and administration of the law.” But then, “ Lastly, cases reported with too great prolixity In such a question, authority must go for something; would be drawn into a more compendious report; not ind it may be objected, that the reasoning of an obscure in the nature of an abridgment, but tautologies and imcribe, at the best a mere lawyer, can hardly outweigh pertinences to be cut off. The course being thus he authority of Bentham, a philosopher as well as a compiled, then it resteth but for your Majesty to aplawyer, and of some other celebrated names, lawyers point some grave and sound lawyers, with some honourDo, and philosophers, and even statesmen besides. able stipend, to be reporters for the time to come, and
Now, our answer to this objection is, that if Ben- then this is settled for all times.” ham was a lawyer and a philosopher, Bacon also was Bacon adds, in a note, “This constitution of reporters lawyer and a philosopher; that he was at least equal I obtained of the King after I was Chancellor; and o Bentham as a lawyer, and he was very much supe- there are two appointed with 1001. a year a piece stiior to him as a philosopher. And with regard to the pend.” ther eminent persons who are for the codification of On authority, then, as well as on principle, the course he entire common as well as statute law, we answer, is clear that ought to be followed respecting the great hat if they were statesmen, in addition to being philo- work of digesting our law; and to have it done at once, ophers and lawyers, Bacon also was a statesman, besides and without sacrificing another 200 years, we have but being a philosopher and lawyer. That Bacon's opinion to set about it in such a manner that the result of the was in favour of preserving the common law in the form labour may be a work at once concise, perspicuous, and f reports of decisions—"judicia anchoræ legum"-(De complete.
GENTLEMEN CALLED TO THE BAR.
Thomas Harris, West Wycomb, Buckingbamshire, chair The following gentlemen have been called to the de- manufacturer, June 21 at 11, Court of Bankruptcy, London, gree of Barrister at Law:
last ex. and aud. ac.--James Green, Northampton, carpenter, Lincoln's Inn.-J. G. N. Darby, Esq., B.A.; W.W. June 19 at 12, Court of Bankruptcy, London, last ex.Ladell, Esq.; E. G. A. H. Moore, Esq., B.A.; A. Nicholas Kennedy, Shudehill, Manchester, ivory turner, June Bailey, Esq., M. A.; W. A. Dobie, Esq., B. A.; Á. C. 21 at 12, District Court of Bankruptcy, Manchester, last ex. Ellioit, Esg.; E. Fry, Esq., B. A., S.C. L.; R. J. Biron, June 20 at 11,' Court of Bankruptcy, London, aud. ac.; Jane
-John Stapp, Snow-bill, London, wholesale cheesemonger, Esq., B. A., S.C.L.; J. G. 0. Dwyer, Esq.; S. Perce- 30 at 11, div.-George Lambourn, Taplow, Buckinghamshire, val, jun., Esq., B.A.; R. V. Doyne, Esq., M.A.; timber merchant, June 21 at 12, Court of Bankruptcy, LonW. H. Perfect, Esq., LL.B.
don, aud. ac.-Charles E. Reinhard, Rochester, Kent, coal Inner TEMPLE.-A. B. Purcell, Esq., B. A.; H. Row- merchant, June 22 at 1, Court of Bankruptcy, London, aud. cliffe, Esq., M. A.; B. B. Swan, Esq., B. A.; John ac. - William Cobb, Maidstone, Kent, builder, June 21 at 2, Fell, Esq.; John Walker, Esq.; C. G. Price, Esq., Court of Bankruptcy, London, aud. ac. - Thomas Walters, M. A.; A. H. Ross, Esq., B. A.; R. J. Baker, Esq., Goswell-road, Middlesex, grocer, June 21 at half past 1, B.A.; William Mayd, Esq.; The Hon. T. C. Bruce, Court of Bankruptcy, London, aud. ac. George Coode, M. A.; E. W. Heywood, Esq., S.C. L.; T. Oliver, Victoria-street, Westminster, Middlesex, patent irrigator and Esq.; T. Baker, Esq. ; W.F. Kemp, Esq.; G. C. Leech, hose manufacturer, June 21 at 2, Court of Bankruptcy, LonEsq., B. A.; G. H. Cary, Esq.
don, aud. ac.-Wm. H. Dean, Fleet-st., London, auctioneer, Middle TEMPLE.-William Brownrigg Elliot, Esq.; Hellyer, New'Brompton, near Chatham, Kent, wood carver,
June 19 at 1, Court of Bankruptcy, London, aud. ac.-F. Henry Cary Dangar, Esq., B. A., Trin, Coll., Cam.; June 22 at 11, Court of Bankruptcy, London, aud. ac.William Henry Griffiths, Esq., B. A., Worcester Coll., George Hartshorne and Georye Hartshorne the younger, Oxford; Henry Arkley Eglinton, Esq.; Charles Leem- Great Dover-street, Southwark, Surrey, ironmonger, June 30 ing, Esq.; John Francis Kellett Dillon, Esq., B. A., at 2, Court of Bankruptcy, London, aud. ac.—John Tipple, Corpus Christi Coll., Cam.; James Henry James, Esq.; Norwich, tailor, June 30 at 11, Court of Bankruptcy, London, James Charles Mander, Esq.
aud. ac.; July 4 at 12, div.-George Battcock, Brighton, Gray's INN.-Kenneth Leith Sutherland, Esq.; John Sussex, apothecary, June 30 at 12, Court of Bankruptcy, Hoiker, Esq.
London, aud. ac. - Frederick W. Wright, Brighton, Sussex,
chemist, June 30 at 1, Court of Bankruptcy, London, and. London Gazettes.
ac.- Alfred Guy, Upper Rosomon-street, Clerkenwell, Middlesex, lamp manufacturer, June 30 at 1, Court of Bank
ruptcy, London, aud. ac.—Thomas Wilkinson, Openshaw, FRIDAY, June 9.
Lancashire, builder, June 21 at 12, District Court of Bank. BANKRUPTS.
ruptcy, Manchester, aud. ac.; July 5 at 12, div.-H. Hilliar WILLIAM BENNETT, Tilney St. Lawrence, Norfolk, the younger, Birkenhead, Cheshire, innkeeper, June 22 at 11,
miller, dealer and chapman, June 15 and July 20 at 1, District Court of Bankruptcy, Liverpool, aud. ac.—Thomas Court of Bankruptcy, London: Off. Ass. Bell; Sol. Wilkin, Occleshead and Charles Cummins, Liverpool, general mer. 3, Furnival's-inn.-Petition filed June 5.
chants, June 22 at 11, District Court of Bankruptcy, LiverEDWIN PRITCHARD, Southampton, brick, lime, and pool, aud. ac.-James Hughes, Birkenhead, Cheshire, coal
cement manufacturer, dealer and chapman, June 17 at 2, merchant, June 22 at 11, District Court of Bankruptcy, and July 29 at 1, Court of Bankruptcy, London: Off. Ass. Liverpool, aud. ac. - - Richard Jackson and Richard Yale, Nicholson ; Sols. Coxwell & Bassett, Southampton ; J. & Leeds, Yorkshire, engineers, June 22 at 11, District Court
J. H. Linklater, 17, Sise-lane.- Petition dated June 8. of Bankruptcy, Leeds, aud. ac.—John Whitaker Rowbottom, EDMUND HENINGHEM, Caversham, Oxfordshire, and | Halifax, Yorkshire, boiler maker and millwright, June 22
High Wycomb, Buckinghamshire, fellmonger and dealer in at 11, District Court of Bankruptcy, Leeds, aud. ac. wool, June 19 at 2, and July 19 at 12, Court of Bank. William Crawshaw, Wakefield, Yorkshire, draper, July 11 ruptcy, London : Off. Ass. Graham ; Sols. Clarke, Reading, at 11, District Court of Bankruptcy, Leeds, aud. ac. and div. Berkshire; Holmes, 25, Great James-street, Bedford-row. -Wm. Clarkson, Redcross-street, London, boot manufac-Petition filed June 6.
turer, July 4 at 1, Court of Bankruptcy, London, fin. div.GEORGE BOWLEY MEDLEY, Highbury-park North, L. Worms and M. Worms, Queen-street, Cheapside, London,
Islington, Middlesex, and Great Tower-street, and Lloyd's merchants, July 3 at 12, Court of Bankruptcy, London, div. Coffee-house, London, underwriter, trader, dealer and chap. sep. ests.-H. Shead, Witham, Essex, miller, July 3 at halfman, (in partnership with William Adam, of Great Tower. past 2, Court of Bankruptcy, London, div.-G. F. Jones, East street and Lloyd's Coffee-house), June 23 and July 28 at Ilsley, Berkshire, surgeon,
July 4 at 1, Court of Bankruptcy, 11, Court of Bankruptcy, London: Off. Ass. Cannan ; | London, div.-C. J. D. Campbell, College-street, CamdenSols. J. & J. H. Linklater, 17, Sise-lane, Bucklersbury.- town, and John-street, Adelphi, Middlesex, and Bolton-terPetition filed June 8.
race, Edward-street, Walworth, Surrey, builder, July 4 at 1, DANIEL WARNER, Birmingham, baker, June 19 and July Court of Bankruptcy, London, div.-F. Vines, Greenwich,
13 at 10, District Court of Bankruptcy, Birmingham : Kent, and Thos. Kitelee, Chesham, Buckinghamshire, millers, Off. Ass. Bittleston ; Sols. Kirby, Coventry; Motteram & July 3 at 2, Court of Bankruptcy, London, div. sep. est. Knight, Birmingham.-Petition dated May 29.
of Thomas Kitelee.-R. Williams, Mold, Flintshire, draper, THOMAS LANĞRIDGE, Bristol, cook and confectioner, June 30 at 11, District Court of Bankruptcy, Liverpool, div.
dealer and chapman, June 20 and July 17 at 11, District -Henry Hudson, Heaton Fold, Marsh, Huddersfield, YorkCourt of Bankruptcy, Bristol: Off. Ass. Hutton ; Sol. shire, cattle dealer, June 30 at 11, District Court of BankBrittan, Bristol.- Petition filed June 3.
ruptcy, Leeds, div.-George Havelock and Matthew BenjaJOSEPH COOPER, Liverpool, and Birkenhead, Cheshire, min Robson, Monkwearmouth, Durham, ship builders, July 3
ironmonger, June 22 and July 13 at 11, District Court of at 12, District Court of Bankruptcy, Newcastle-upon-Tyne, Bankruptcy, Liverpool: Off. Ass. Bird ; Sols. Lowndes & div. joint est. ; at half-past 12, div. sep. est. of George Hade. Co., Liverpool.- Petition filed June 6.
lock; at l, div. sep. est. of Matthew Benjamin Robson. SAMUEL WALTON, Macclesfield, Cheshire, silk manufac.
CERTIFICATES. turer and publican, dealer and chapman, June 21 and July | To be allowed, unless Cause be shewn to the contrary on or 12 at 12, District Court of Bankruptcy, Manchester : Off.
before the Day of Meeting. Ass. Pott; Sols. Parrott & Co., Macclesfield.-Petition Joseph Vince, Great Yarmouth, Norfolk, boot maker, July filed May 31.
5 at 11, Court of Bankruptcy, London.-Michael B. Lee, SAMUEL BARNES, Werneth Iron Works, Oldham, Lan- Brighton, Sussex, jeweller, July 5 at half-past 11, Court of
cashire, machine maker, dealer and chapman, June 20 and Bankruptcy, London.-George Jarrett, Wickham Welford, July 13 at 12, District Court of Bankruptcy, Manchester : Berkshire, builder, July 5 at 12, Court of Bankruptcy, LonOff. Ass. Hernaman; Sols. Brown & Litler, Oldham.-don.-George Lawrance, Abingdon, Berkshire, saddler, June Petition filed May 31.
30 at 12, Court of Bankruptcy, London.-Richard Keily,
Ladbrooke-terrace, Notting-bill, Middlesex, merchant, July 5 June 23 at 10, before Mr. Commissioner MURPHY.
square, Middlesex, baker.- Thomas Robert Cooper the elder, To be granted, unless an Appeal be duly entered. Park-row, Knightsbridge, Middlesex, mechanical modeller. Edward Brock, Sackville-st., Piccadilly, Middlesex, tailor. Jas. Izod, Penton-place, Walworth, Sarrey, out of business. - Henry H. King, Bristol, bookseller.
Wm. Birkett, Man.
June 26 at 11, before the Chief CoMMISSJONER. ningham, Bradford, Yorkshire, soap manufacturer.-William Geo. Jones, Queen's place, New North-road, Lower-road,
Crawshaw, Wakefield, Yorkshire, draper.-.-Joseph Flint, Shef- Islington, Middlesex, surgeon.-Jas. W. Howell, Southampfield, Yorkshire, shoemaker.-E. Shaw, Birmingham, pocket. ton-street, Fitzroy-square, Middlesex, manager to the Realm book maker.- John Hunter, Fazeley, Staffordshire, tape manu. Insurance Company. - Joseph Russell
, Stangate-street, Westfacturer.- Edwin Cottrill, Redditch, Worcestershire, draper. minster-bridge.road, Surrey, out of business. PARTNERSHIPS DISSOLVED.
June 26 at 11, before Mr. Commissioner PAILLIPS. James Jenkyn and Osborn Augustus Jenkyn, John-street
Henry John Hirst, Conduit-street West, Westbourne-terand Buckingham-street, Adelphi, Middlesex, and Sherborne- race, Hyde Park, Middlesex, gentleman.- Henry Hopetown lane, City, solicitors, attornies, and conveyancers.-H. Words, Sadler, Red Lion-passage, Red Lion-square, Middlesex, worth and Thomas Dunn, lately of Threadneedle-street, and attorney's clerk.- John Tyler, High-street, New Hampton, since at the South Sea House, Threadneedle-street, Lon. Middleses, licensed hawker.- Matthias Hytch Jacobs, Husb. don, attornies-at-law, solicitors, and conveyancers, (under court, Water-lane, Blackfriars, London, out of business.-A. the firm of Wordsworth & Dunn, and formerly carried on in James Story, Piccadilly, Middlesex, in no trade. partnership with Ralph Dunn, since deceased, under the firm of Dunn, Wordsworth, & Dunn).- Edward Barret and J. M.
Saturday, June 3. Barret, Otley and Leeds, Yorkshire, attornies and solicitors, Orders have been made, resting in the Provisional Assignee
the Estates and Effects of the following Persons:(under the style or firm of E. & J. M. Barret). SCOTCH SEQUESTRATIONS.
(On their own Petitions). Millar, Blair, & Co., Paisley, calico printers.-Wood, Thomas Taylor, Southampton, out of business : in the Gaol Taylor, & Co., Glasgow, merchants.
of Southampton.—Thomas Taylor the younger, Southampton,
out of business : in the Gaol of Southampton.- Joseph E. INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, ter.—Thomas Dixon, Swindon, Wiltshire, baker : in the Gaol
Cheetham, Salford, Lancashire, painter : in the Gaol of Lancas. and have oblained an Interim Order for Protection from of Bristol.-J. H. Packer, Bristol, licensed victualler : in the Process.
Gaol of Bristol.-John Barnes, Walmer, Kent, sutler : in the Jonathan Beckell, Liverpool, beerseller, June 12 at 10, Gaol of Maidstone.-Richard Boyell
, Nottingham, plumber : County Court of Lancashire, at Liverpool.- Isaac Whiteley, in the Gaol of Nottingham.-Wm. 0. Clark, Stratford, West Oldham, Lancashire, machine maker, June 16 at 11, County Ham, Essex, corn dealer : in the Gaol of Springfield.—Thomas Court of Lancashire, at Oldham.-Charles Stott, Moorhey, Newell, Thaxted, Essex, out of business : in the Gaol of near Oldbam, Lancashire, dealer in cotton waste, June 16 at Springfield.-M. Ratcliffe, Manchester, out of business : in 10, County Court of Lancashire, at Oldham.-C. J. Gunn, the Gaol of Lancaster. Edward Barrow, Manchester, out of Birmingham, baker, June 17 at 10, County Court of War. business : in the Gaol of Lancaster.-Joseph H. Goddard, wickshire, at Birmingham.-- Rebecca Green, Bitton, Glou. Southport, Lancashire, out of business : in the Gaol of Lancestershire, retailer of beer, June 15 at half-past 10, County caster.- Énoch Hough, Manchester, wheelwright: in the Gaol Court of Gloucestershire, at Bristol.-William H. Moxhay, of Lancaster.-H. Monks, Liverpool, out of business : in the Bristol, driver of an omnibus, June 15 at balf-past 10, County Gaol of Lancaster.—Edward Poiter, Manchester, yarn dealer : Court of Gloucestershire, at Bristol.- Edmund Cooper, Mile in the Gaol of Lancaster.-Ralph Unsworth, Wigan, Lanham, Norfolk, beer-house keeper, June 22 at balf-past 10, cashire, out of business : in the Gaol of Lancaster.-Elizabeth County Court of Norfolk, at East Dereham.---James Graham, Wrigley, Eccles, near Manchester, out of business : in the Blackburn, Lancashire, grocer, June 26 at 11, County Court of Gaol of Lancaster.-J. R. Simpson, Sheffield, Yorkshire, out Lancashire, at Blackburn.-Theodosia Bailey, Wolverhamp- of business : in the Gaol of York. -- Joseph Green, Sheffield, ton, Staffordshire, provision dealer. June 20 at 9, County Court Yorkshire, butter factor : in the Gaol of York.–Benjamin of Staffordshire, at Wolverhampton. - The Rev. T. Dixon, Atkinson, Leeds, Yorkshire, builder : in the Gaol of York.Tibenham, Norfolk, clerk, June 21 at 12, County Court of Wm. Smith, Plaistow, Essex, builder : in the Gaol of SpringNorfolk, at Wymondham.-Robert Davey, Crediton, Devon- field.-E. Millard, Southampton, out of business : in the shire, innkeeper, July 3 at 10, County Court of Devonshire, Gaol of Southampton.-George Barker, Toxteth-park, Liver. at Crediton.
pool, out of business : in the Gaol of Lancaster.-J. Spencer, The following Persons, who, on their seceral Petitions filed in Manchester, manager of a cotton mill: in the Gaol of Lancasthe Court,
have obtained Interim Orders for Protection from ter.-Robert Tinker, Manchester, out of business : in the Process, are required to appear in Court as hereinafter Gaol of Lancaster.-James Whitworth, Heywood, near Bury, mentioned, at the Court-house, in Portugal-street, Lin. Lancashire, tailor: in the Gaol of Lancaster. coln's Inn, as follows, to be examined and dealt with
Con Creditor's Petition). according to the Statute :
Mary Meakin, Winterley, near Sandbach, Cheshire, farmer : June 23 at 10, before the Chief COMMISSIONER.
in the Gaol of Chester. Wm. F. B. Shed, High Holborn, Middlesex, manager of an
County Court of Lancashire, at Lancaster. Assignees have exhibition.-John Lever, Newland-street, Kensington, Mid.
been appointed in the following Cases:dlesex, out of business.
Benjamin Brown, Bolton-le-Moors, licensed victualler, No. June 26 at 11, before the Chief COMMISSIONER.
78,011; Richard Walwork, assignee.- Joseph M. Knight, Sal. George Tuzworth, Great Grimsby, Lincolnshire, machine ford, out of business, No. 78,031; Edward Handford, as. sawyer.—Matthew Downton, High-street, Poplar, Middlesex, No. 77,965 ; Jas. Hampson Gartside, assignee.-Christopher
signee.-Edw. Turton, Sheffield, Yorkshire, out of business, boot maker.
Bibby, Over Darwen, shoemaker, No. 78,013; William Jar. The following Prisoners are ordered to be brought up before dine, assignee.---John Speakman, Bolton-le-Moors, sausage
the Court, in Portugal-street, to be examined and dealt manufacturer, No. 78,012; William Peat, assignee.- William with according to the Statute:
Radcliffe, Oldham, assistant to a woollen rag dealer, No. June 23 at 10, before the Chief COMMISSIONER. 77,946 ; Edwin Barlow, assignee.- John M.Carthy, Man. William Arton, Upper Park-street, Islington, Middlesex, chester, grocer, No. 78,014; Ebenezer Turnbull, assignee.general commission merchant.--Yaxley Wilking, Bridge-row, John Hurst, Bolton-le-Moors, joiner, No. 78,028 ; Robert Pimlico, Middlesex, smith.—John P. Somers, Cambridge-st., Beswick, assignee.- John Heath, Gorton Brook, near ManEccleston-square, Pimlico, Middlesex, in no profession. chester, retail beerseller, No. 78,035 ; William M.Kenzie,