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grocer, Sept. 27 at 12, County Court of Berkshire and Oxford-road, Clapham, Surrey, general agent: in the Gaol of Surrey. shire, at Wallingford.-John Bennett, South Moreton, Berk--Edward Barber the younger, New Ormond-street, Bedshire, registrar of births and deaths, Sept. 27 at 12, County ford-row, Middlesex, in no occupation: in the Debtors Prison Court of Berkshire and Oxfordshire, at Wallingford.-John for London and Middlesex.- Wm. Woodgate, William-street, Moule, Bridgewater, Somersetshire, coach builder, Sept. 21 at Hampstead, Middlesex, carpenter: in the Debtors Prison for half-past 9, County Court of Somersetshire, at Bridgewater. London and Middlesex. — Jonathan Bail, Clipstone-street, The following Persons, who, on their several Petitions filed in Fitzroy-square, Middlesex, cabinet maker? in the Debtors the Court, have obtained Interim Orders for Protection from voir-terrace, Kingsland-road, Middlesex, out of employment: Prison for London and Middlesex.-H. L. Yuly, De BeauProcess, are required to appear in Court as hereinafter in the Debtors Prison for London and Middlesex.-J. Jowett, mentioned, at the Court-house, in Portugal-street, Lin- Sheffield, Yorkshire, butcher: in the Gaol of York.-B. F. coln's Inn, as follows, to be examined and dealt with according to the Statute:

Nov. 20 at 11, before the CHIEF COMMISSIONER.
Chas. Victor Emile Petit, Prince's-street, Leicester-square,
Middlesex, teacher of dancing.-H. Walker, Lowndes-place,
Holloway-road, Middlesex, shoemaker.-T. Morgan, Upper
Southampton-street, Pentonville, Middlesex, grocer.-John
Kirby, Piccadilly, Middlesex, omnibus driver.-Auguste Jean
Baptiste Amand, Calthorpe-terrace, Calthorpe-street, Gray's-
inn-road, Middlesex, artificial florist.

Hannah, Dover, Kent, in no trade: in the Gaol of Dover.James W. Hannah, Dover, Kent, in no trade: in the Gaol of Dover.-Wm. Bew, Treforest, Glamorganshire, baker in the Gaol of Cardiff.-Wm. Taylor, Britonferry, Glamorganshire, butcher: in the Gaol of Cardiff.-Richard Mason, Hughendon, Buckinghamshire, farmer: in the Gaol of Aylesbury.— William Edward Hughes, Leamington, Warwickshire, in no profession: in the Gaol of Warwick.-Thomas Carrington, Edgbaston, near Birmingham, tool maker: in the Gaol of Coventry.-John Attoe, Catton, near Norwich, Norfolk, commission agent for the sale of lime: in the Gaol of Norwich.— William Johnson, Birmingham, die sinker in the Gaol of

Nov. 30 at 11, before Mr. Commissioner PHILLIPS. John Gallouin, Salisbury-square, London, out of business. -George Richardson, Waterloo-road, Southwark, Surrey, Coventry.-Joseph Garmson, Birmingham, carpenter: in the tea dealer.-Edward Batty, Clifton-street North, Finsbury, Gaol of Coventry.-Hugh M'Levy, Friargate, Preston, LanMiddlesex, cabinet maker.-James F. Kite, Swan-yard, Shore- cashire, fruit dealer: in the Gaol of Lancaster.-James Hodditch, Middlesex, cab driver.-Richard Harris, Osborn-st., kinson, Salford, Lancashire, out of business in the Gaol of Whitechapel, Middlesex, beerseller.-John O'Connor, Great Lancaster.-Wm. B. Metcalf, Horton, near Bradford, YorkQueen-street, Edgeware-road, Marylebone, Middlesex, greenshire, architect: in the Gaol of York.-James Cordingley, grocer.-F. Pearce, Union-place, Blackheath-road, Green- Idle, near Bradford, Yorkshire, stonemason: in the Gaol of wich, Kent, out of employment.-Edward Jones, Church-York.-John Womack, Bawtry, near Doncaster, Yorkshire, street, Blackfriars-road, Surrey, currier. licensed retailer of beer: in the Gaol of York.-John Lowrey, Linkenhorne, Cornwall, grocer in the Gaol of Bodmin.

Dec. 6 at 10, before Mr. Commissioner MURPHY.

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The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute:—

Matthew Tragesser, New Rutland-street, Stepney, Middle- Henry Taylor, New Hartley, near Seaton Delaval, Northumsex, baker.-Edward Hales, Three Kings-court, Lombard-berland, plate layer: in the Gaol of Morpeth. street, London, tin-plate worker.-John H. Hacker, Parkplace, Cowper-street, City-road, Middlesex, farrier.-Thomas Chance, Caledonia-street, King's-cross, Battle-bridge, Middlesex, brass turner.-Wm. A. Rocher, Walthamstow, Essex, assistant secretary to the Chartered Australian Land Company.-John Robinson, Rodney-buildings, New Kent-road, Newington, Surrey, schoolmaster.-F. Russell, Lewis-place, Lewisham, Kent, tobacconist.-Elia Charles Lattes, Rane. lagh-grove, Pimlico, Middlesex, commission agent.-Thomas Barber, Richmond-street, East-lane, Walworth, Surrey, cheesemonger.

Saturday, Sept. 9.

Assignees have been appointed in the following Cases. Further particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

Sept. 27 at 10, before the CHIEF COMMISSIONER. Wm. Osborne, Adams-row, Hampstead-road, Middlesex, butcher.-Joseph White, Clare-street, Clare-market, Middlesex, dealer in tobacco.

Sept. 27 at 11, before Mr. Commissioner PHILLIPS. George Glenny, Walham-green, Fulham, Middlesex, landscape gardener.-John Laidler, Brett's-buildings, High-street, Camberwell, Surrey, out of business.-D. Williams, Wellsrow, Upper-street, Islington, Middlesex, greengrocer.

Sept. 27 at 10, before Mr. Commissioner MURPHY. James L. Clarke, Southampton-buildings, Chancery-lane, London, barrister-at-law.-John Bacon, Manor-street, Clapham, Surrey, cowkeeper.-Alfred Bower, Queen's-row, Walworth, Surrey, out of business.

John Watson, North Heaton Norris, Lancashire, licensed victualler, No. 74,412 C.; Thomas Clowes and J. Wheater, assignees.-R. Boyell, Nottingham, plumber, No. 78,230 C.; Sept. 28 at 10, before the CHIEF COMMISSIONER. A. H. Stanbury, assignee.-Thomas Griffiths, Gloucester, Philip Levison, Cranbourne-alley, Leicester-square, Midretail provision dealer, No. 78,320 C.; Benjamin Devey, dlesex, dealer in steel pens.-Frederick Derrick, High-street, assignee.-Aldwell C. Taylor, Gloucester, out of business, No. Fulham, Middlesex, baker.-Henry Marshall, Wenlock-st., 78,339 C.; R. H. Carter, assignee.-G. Richardson, South-City-road, Middlesex, commission traveller.-Edward Barber ampton, builder, No. 78,438 C.; J. Hatch and J. T. Harris, the younger, New Ormond-street, Bedford-row, Middlesex, assignees..-W. Ross, Dover, Kent, gunsmith, No. 78,534 C.; gentleman. Daniel Terry, assignee.

Saturday, Sept. 9. Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons:(On their own Petitions).

Henry Batten, Carnaby-street, Golden-square, Middlesex, cheesemonger in the Debtors Prison for London and Middlesex.-Samuel Yale, Rochester-row, South Lambeth, Surrey, out of business: in the Debtors Prison for London and Middlesex.-Joseph Lawson, Paynton-terrace, East Indiaroad, Middlesex, captain, mercantile navy: in the Queen's Prison.-Richard Laddington, Little Portland-street, Cavendish-square, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Jane Elliott, Orchard-place, Woolwich-road, Greenwich, Kent: in the Queen's Prison.W. Hancock, Quadrant-road, Highbury, Middlesex, builder: in the Debtors Prison for London and Middlesex.-Thomas Bowker, York-road, Battersea, Surrey, licensed brewer: in the Gaol of Surrey.-John Witham, Grove-terrace, Bedford

Sept. 28 at 11, before Mr. Commissioner PHILLIPS. John Duller, Woronzo-terrace, St. John's-wood, Marylebone, Middlesex, builder. Henry Batten, Carnaby-street, Golden-square, Middlesex, cheesemonger.-William Peyton, Westbourne-gardens, Kensington, Middlesex, in no business. Sept. 28 at 10, before Mr. Commissioner MURPHY. James T. Cartwright, Apollo-buildings, East-street, Walworth, Surrey, timber merchant.-Jane Elliott, sued with John Dymoke Elliott, Orchard-place, Woolwich-road, Greenwich, Kent, chemist.-Samuel Yale, Rochester-row, South Lambeth, Surrey, out of business.-Thomas Henry Willis, Gloucester-place, Kentish-town, Middlesex, out of business. The following Prisoners are ordered to be brought up before a Judge of the County Court, to be examined and dealt with according to the Statute :

At the County Court of Staffordshire, at STAFFORD,
Sept. 20 at 11.

Thomas Burgess, West Bromwich, out of employment.-
James Pitt, Darlaston, near Wednesbury, baker.

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6s. 6d., 7s. 6d., Ss. 6d., 9s. 6d., and 10 6 Extra Large Cream Laid Letter, 12s. 6d.; ditto Note Thick Blue Laid Note, (unglazed)

66

59

3s. and 4 0

13 6

18 6

AW.-WANTED, in a Solicitor's Office, a CHANCERY Queen's and Albert-sized Cream Laid Note
Very best Pink Blotting, 5 quires for 4s., or

LA

and CONVEYANCING CLERK. One who has not been articled would be preferred. Address (prepaid, stating salary required and references) to F. P. C., Messrs. Stevens & Norton's, Law Booksellers, Bell-yard, Fleet-street.

8 PER CENT.-An eligible INVESTMENT, to pay this per Cent., on five Houses, close to the new Park, Battersea, let to highly respectable tenants at a rental of 150., and held for 75 years, at 57. per annum each house. Apply to Mr. Letts, 8, Bartlett'sbuildings, Holborn.

Shortly will be published,

THE NEW COMMON-LAW PROCEDURE, founded on the Acts of 1852 and 1854; including the New Rules on Practice and Pleading, with Notes of Cases decided thereon to Michaelmas Term, 1854: and Forms, Tables, and Index. By PHILIP FRANCIS, of the Middle Temple, Esq., Barrister at Law.

W. Maxwell, 32, Bell-yard, Lincoln's-inn.

BRITISH AND NEUTRAL COMMERCE.
Just published, price 5s. cloth bds.,

THE RIGHTS of BRITISH and NEUTRAL COM-
MERCE, as affected by recent Royal Declarations and Orders in
Council. By JOHN HOSACK, of the Middle Temple, Barrister at Law.

L

S. Sweet, 1, Chancery-lane.

ONDON and PROVINCIAL LAW ASSURANCE

SOCIETY.

32, New Bridge-street, Blackfriars, London. GEORGE M. BUTT, Esq., Q. C., M. P., Chairman.

FOUR-FIFTHS of the PROFITS divisible amongst the Assured.

POLICIES two years in force PARTICIPATE in PROFITS.

No CHARGE for POLICY STAMPS.

EXTENSIVE LICENSE to TRAVEL and RESIDE ABROAD.

APPEARANCE before the BOARD dispensed with.

NOTICES of ASSIGNMENTS registered, and receipt thereof acknowledged.

PROPOSALS for LOANS entertained.
PROSPECTUSES, &c. on application.

JOHN KNOWLES, Actuary and Secretary.

CITY of LONDON LIFE ASSURANCE SOCIETY,

for General, Accumulative, and Self-protecting Assurance.Head Offices, 2, Royal Exchange-buildings, London.

Subscribed Capital, a Quarter of a Million.

This Society, guaranteed by a capital fully adequate to every contingency, and not injuriously large, offers all the advantages of the mutual system.

PREMIUMS.-Rates calculated expressly for this Society, based upon actual experience, and thus accurately graduated.

POLICIES granted on any Life Contingency, and indisputable.
CLAIMS.-Promptitude and liberality in the settlement.
BONUS.-Announced, 1852, equivalent to a cash bonus of 20 per cent.
STAMPS.-No charge for stamps.

INCOME TAX.-Payments for Life Assurance are free from this Tax and the new Succession Duty.

DE

E. F. LEEKS, Esq., Secretary.

EAFNESS CURED in a few hours, by painless treatment, and relief from those unpleasant noises in the ears. Testimonials of such cures may be seen, and the persons referred to. Just published, by Dr. HERBERT MANFRED, Member of the Edinburgh Royal College of Surgeons, a little Volume, sent post free for eight postage stamps. Mode of self-cure by means of his new and painless treatment. Deafness, accompanied with noises in the ears, removed in half an hour's time, and in many cases the hearing restored instantly. Address to Dr. Manfred's residence, 72, Regent-street, (first door in Air-street), where patients are received daily.

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Cream Laid Black-bordered Note, 5 quires for 2s.. or 7 6
Cream Laid Black-bordered Envelopes, ts. per 100, or
9s. per 1000.

P. & C.'s Patent Absorbert Blotting Board, (and which forms a good
pad for writing on), 28. 3d. per quire.

Large size, fine and thick ditto, 2s. per quire, or 5 for Ss. 6d.
Royal Cartridge, 1s. per quire, or 5 quires for 4s. 6d.
Brown Paper, 5 quires for 4s. 6d.

Best stout ditto, 5 quires for 78.

Best quality Copying Paper, for the Machine, 7s. 6d. per ream.

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Good Cream Laid Adhesive, all warranted well gummed, 4s. 6d. per 1000.
Superfine ditto, 68. 6d.
per 1000.

Thick superfine ditto, either stamped with initials, or from private dies,
without extra charge, 7s. 6d. per 1000.

Thick Blue Laid, 78. 6d. and 8s. 6d. per 1000.

Foolscap official-size 8 by 34, 28. per 100, or 168. 6d. per 1000.
Demy superfine ditto, 10 by 34, 38. 6d. per 1000.
*Draft Cartridge, open at end, 10 by 5, 3s. 6d. per 1000.
*Brief ditto, ditto, 14 by 153, 5s. per 1000.

*Deed ditto, ditto, 113 by 93. 68. 6d. per 1000.

These are all made from a strong, fine, and smooth cartridge; but inferior qualities can be had of the same sizes if required. Cloth-lined envelopes at the same low rate of charges.

PARTRIDGE & COZENS' CELEBRATED STEEL PENS. These Pens are all made of the purest Steel, and selected with the greatest care, and, at the very moderate price at which they are charged, command an universal sale. "Nearly twenty millions sold annually."

The Correspondence or Drafting Pen, only 1s. 3d. per box of twelve dozen.

The Fine Point, for light writing, 18. 3d. per ditto.

The Broad Point, for engrossing, &c., a good pen for parchment, 18. 62. per ditto.

Extra Broad Point, a very easy pen, will write with comfort on browa
paper, 18. 6d. per ditto.

Polished Cedar Holders, fit any pen, 6d. per dozen, or 5s. per gross.
PARCHMENT.

"Best quality, London manufacture."
Indentures for 20 or 30 folios, machine-ruled and printed, 178. per dor,
or 808. per roll.

Followers, ruled, 158. per doz., or 70s. per roll.
Memorials or Records, 5s. 6d. per doz., or 258. per roll.
Plain Skins, any size, at the same low scale of charges.
Books.

"Letter-book," strongly bound, 500 pages, 68.
"Waste-book," ditto ditto, 68.
"Ledger,"

ditto ditto, 68. 6d.
"Call-books," 1s. and 1s. 6d. Note-books, 4d. and 6d. each.
SUNDRIES FOR SOLICITORS' OFFICES.

Best Red Tape-narrow, 9d.; middle, 18.; broad, Is. 4d. per dozen
pieces.
Narrow Green Silk, 18.; Green Silk Cord, 1s. per piece.
Silk Ferrit, 18. 9d.; Cotton Ferrit, 6d. and 1s. per piece.
Runners, from No. 5 to 14, 18. 9d.; Bodkins or Piercers, with or without
eyes, 9d. each.
Strong Blue Bags, 2s. 6d. each.

Very best Wax, 38. 9d. per lb.; Super ditto, 2s. 6d.; Parcel Wax, ls.
Elastic Bands, Is. per box of six dozen, various.
Silver Pens, 1s.; Gold, 3s. 6d. each; Plated Pocket-holders for ditto, 64.
each

Magnum Bonum Pens, 4d. per dozen. Desk Knives and Erasers, Is, each.
Bank Pens, used, 2s. 6d. per 100.

IMPORTANT TO SOLICITORS AND OTHERS.
Large Consumers of Stationery may effect a "Saving of at least Thirty Writs. 6d.; Copies, 3d. per dozen; Copies, 28. per 100.
per Cent." by purchasing at

100 Writs and 100 Copies, with your name and address inserted, for és.

PARTRIDGE & COZENS Wholesale and Retail Sta- Affidavit of Service of Writ, 9d. per dozen.

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Orders for THE JURIST given to any Newsman, or letter(postpaid) sent to the Office, No. 3, CHANCERY LANE, or to STEVENS & NORTON, 26, BELL-YARD, LINCOLN'S-INN, will insure its punctual delivery in London, or its being forwarded on the evening of publication, through the medium of the Post Office, to the Country.

Printed by HENRY HANSARD, PRINTER, residing at No. 14, Park Square, Regent's Park, in the Parish of St. Marylebone, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 41, Great Coram Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex.17 6 Saturday, September 16, 1854.

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ADVERTISEMENTS.

821

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THE 79th section of the Common-law Procedure Act (see ante, p. 319) seems to be intended to include all that class of cases which are termed, in equity, injunctions against wrongful acts of a special nature. The particular sub-divisions of the class in which the equity has been administered are, waste, copyright, patents, secret inventions, and the use of the name or trade-mark of others, nuisance, breach of contract, which includes breach of duty as between partners, and breach of parliamentary contract, that is, departure by bodies acting under parliamentary powers, from the strict limit of their powers. There are other cases falling under the general head of wrongful acts restrainable, but the above constitute the family of such cases generally, and a tolerably large family it is to be handed over, by one short section of an act, from equity to the concurrent jurisdiction of law. We say the concurrent jurisdiction, because there is nothing in the act to oust the jurisdiction of equity, and it will be still open to any party aggrieved, to lay his complaint before a Court of equity, though he may also, if he likes, lay it before a Court of law.

As we presume that, the jurisdiction being equitable VOL. XVIII.

K K

PRICE 1S.

ference to Power or Property necessary-General Words of Appointment insufficient-Republication of Will by Codicils prior to January, 1838) .... 823 VICE-CHANCELLOR WOOD'S COURT.

Perkin v. Mann.-Mann v. Thompson.-(Will-Construction-Time of vesting)

...

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COURT OF QUEEN'S BENCH. Foster v. The Mentor Life Assurance Company.-(Life Assurance-Re-assurance by one Office in another -Proposal for Assurance-Signature to Declaration-Parol Evidence to explain-Usage to explain -Estoppel by Recital in Policy-Direction to Jury)

826

827

Reg. v. Sharpley.—(Union of Parishes for the Maintenance of their Poor-Usage-Reputed ParishTwo Rectories-43 Eliz. c. 2)

835

COURT OF EXChequer.

Bentley v. Dawes.— (Demurrer-3 & 4 Will. 4, c. 42, 8. 34-Costs-Withdrawing Juror)

837

in its nature, the Courts of law will apply it in conformity with the general principles followed by Courts of equity, it will become necessary for common-law practitioners to inform themselves upon those principles more minutely than they will have hitherto found necessary in the acquisition of merely general professional knowledge; and we propose from time to time, if other more weighty subjects of inquiry do not prevent it, to offer a few remarks of a practical nature on this subject.

The first principle to be borne in mind in determining the application of equitable interference against acts of a wrongful nature is, that the plaintiff is expected to shew a balance of probability that he hasthat is, that he will ultimately establish—a legal title. It is not because B. is doing something of which A. complains, and which he suggests is a wrong, that an injunction would be granted. A. must shew that he either has an established legal title, or that he has enjoyed it so long unmolested that a presumption is in favour of it; or that, on the face of the matters before the Court, the Court will, using that degree of knowledge of pure law, as distinguished from equity, which no accomplished equity judge can reasonably disclaim, see that the legal presumption of a legal title in the plaintiff is strong. On these principles it is that in cases of patent rights, the Court never grants an injunction at once, if the patent is of very recent creation, and the defendant disputes its validity; and that, on the contrary, it grants an injunction, even in the face of some material doubt, if the user of the patent, without challenge, has been long and uninterrupted. So it is on these principles that in copyright cases, as the jurisdiction on subjects of this nature is assumed merely for the purpose of making effectual the legal right, which cannot be made effectual by an action for damages, a Court of equity acts to make the legal right effectual,

JUR

by preventing the publication altogether; and accordingly, in the exercise of that jurisdiction, where a fair doubt appears as to the plaintiff's legal right, will always direct it to be tried, making some provision in the interim, the best that can be made, for the benefit of both parties. (See 17 Ves. 424).

LL1434A 11/94

PUBLIC GENERAL STA

17 & 18 VICTORIA.-SESSION 2.

(Continued from p. 332).

CAP. LI.

An Act to confirm certain Provisional Orders made under an Act of the fifteenth Year of her present Majesty, to facilitate Arrangements for the Relief of Turnpike Trusts, and to make certain Provisions respecting Exemptions from Tolls. [31st July, 1854.]

CAP. LII.

An Act to continue an Act for authorising the Application of
Highway-rates to Turnpike Roads. [31st July, 1854.]

CAP. LIII.

An Act to confirm Provisional Orders of the General Board
of Health for the Districts of Plymouth, Haworth, Aberdare,
Bishop Auckland, Willenhall, and Over Darwen.
[31st July, 1854.]

CAP. LIV.

An Act to guarantee the Liquidation of a Loan or Loans for the Service of the Colony of Jamaica. [31st July, 1854.]

CAP. LV.

[31st July, 1854.]

Another leading principle of equity is, that as there never can be a dispute as to the right of the plaintiff to prevent the defendant from doing what the plaintiff terms a wrongful act, without the possibility, or at least without the Court being bound to assume the possibility, that the plaintiff may be himself wrong; and as the Court of equity interferes, not to decide the right, but to prevent injury to the property or right claimed pending the litigation; it looks at the circumstances of both parties, and balances the injury which may result to the defendant from the granting of an injunction, if he should in the event prove right, against that which may result to the plaintiff from withholding it, if he should in the event prove right. On this ground it is, that, as between individuals and public companies, the Court has frequently granted or refused an injunction, where, upon the principle first enunciated, strictly followed, it would probably have done An Act for the Registration of Bills of Sale in Ireland. quite the reverse of what it has done. Thus is explained the case of The Attorney-General v. The Corporation of Liverpool, (1 My. & C. 171). In that case there was a strong equity for an injunction, the Legislature having fastened on property a trust to come into operation at a future day, and the defendants seeking to deal with the property as if they were absolute owners. There was some doubt whether the particular acts sought to be done were or not within the act of Parliament; but that doubt would, according to the general principle, certainly not have prevented an injunction; but the acts intended would not, it appeared, have done any substantial injury to the property; and if they were not done within a given time, they could not be done at all. The result was, that if the defendants were right, and they were prevented from doing the acts intended, they lost their right wholly; while, if the plaintiffs were right, they suffered no substantial infraction of their rights by the doing of the acts; and the Court, therefore, refused an injunction.

On the same principle it is that the Court of Chancery has always, especially of late years, been very cautious in granting injunctions in matters of patent right. Because if the defendant is wrong, being put to keep an account, the plaintiff can, in general, be recouped for the loss he may have sustained; whereas, if the defendant is right, then by being enjoined, not only he may lose entirely his position and opportunity, but he must lose a considerable portion of his trade. But for the very same reason, if the invention affects a trade in which it is very difficult for the plaintiff to have the benefit of a substantial account, the Court will lean more strongly to an injunction, pending the trial of the legal right.

The Right Hon. Sir John Jervis, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas at Westminster, has appointed Francis James Coleridge, of Ottery St. Mary, Devonshire, Gent., to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women, in and for the county of Devon.

CAP. LVI.
An Act to make further Provisions
Friendly Societies.

in relation to certain [31st July, 1854.]

Sect. 1. Act to apply only to certain Societies.
2. Acts and Parts of Acts now affecting such Societies
to continue in force, except as after provided.
3. No Exemption from Stamp Duties to exist as to So-
cieties affected by this Act. Such Societies not to

assure in favour of Nominees.

4. Societies affected by this Act may effect the Objects allowed by their Rules, and other legal Assurances.

5. Provision for the Investment of the Funds of So.cieties affected by this Act.

6. Power for Judge or Court to enforce the Attendance of Witnesses before Arbitrators.

7. Power to purchase and hold Buildings for Offices of Society.

8. Trustees of Friendly Societies not to invest Funds in Savings Banks, &c.

9. Short Title.

10. Extent of Act.

Whereas certain friendly societies were established and inrolled under the acts passed in the 10 Geo. 4, c. 56, and the 4 & 5 Will. 4, c. 40, relating to friendly societies, or under one of them: and whereas the scope and operation of friendly societies since the passing of the said acts have been limited by law in respect to the amount for which policies of assurance payable on the death of members of such societies aforesaid, and which grant or effect policies of assurance paymay be granted; but some of the said societies, established as able on death, have not been so limited, and such last-mentioned societies have therefore been excluded the benefit of certain provisions and privileges made for and granted to friendly societies in respect to exemption from stamp duties and otherwise; and it is desirable that there should be special provisions made with respect to such of the said societies so excepted and excluded as aforesaid: be it therefore enacted &c. as follows:—

Sect. 1. This act shall relate to and include such of the said societies only as grant and effect policies of assurance payable

at death exceeding the sum of 1000/.; and from and after the societies, and shall not be affected by the provisions of any act passing of this act the said societies shall cease to be friendly passed in the present or any future session of Parliament relating to friendly societies, unless therein expressly named.

2. The several provisions contained in the acts relating to friendly societies which were wholly or in part in force on the first day of this present session of Parliament with respect to

the societies intended to be affected and provided for by this act, save and except the 37th and 51st sections of the act of the 13 & 14 Vict. c. 115, shall, so far as they now affect such societies, remain and be in force and unrepealed with respect to the said societies, except as is hereinafter provided.

3. No exemption from any of the duties granted by any act or acts relating to stamp duties shall, from and after the passing of this act, extend or be construed to extend to any of the societies intended to be affected and provided for by this act; and it shall not be lawful for such societies, after the passing of this act, to assure the payment of any money on the death of any member or person whomsever to any nominee of such member or person, but only to the person or persons effecting and contracting for any assurance with the said societies respectively, or to his, her, or their executors, administrators, or assigns.

4. The societies intended to be affected and provided for by this act may carry on, transact, and effect all the business and purposes which have been from time to time and are duly specified in and allowed by the inrolled or certified rules of the said societies respectively, and also may grant, make, or effect all such assurances on lives, survivorships, contingencies, and events dependent on or connected with life or otherwise as may by law be made or effected, and may make such new rules or alterations in rules as shall not be repugnant to law, without being required to submit the same to the Registrar of Friendly Societies, and shall not be required to transmit to such registrar any statement or return of sickness or mortality or of assets or liabilities.

5. The trustees of the several societies intended to be affected and provided for by this act may from time to time lay out and invest the funds of such societies, as well in the manner and upon the stocks, funds, and securities which are now authorised by law with regard to such societies, as also in or upon Exchequer bonds and bills, and any stocks, funds, or securities guaranteed by the Government of Great Britain, and bonds of the city of London, or on mortgage, or in the purchase of any reversionary, contingent, or other estate or interest in any freehold, leasehold, or copyhold property in Great Britain or Ireland, or of any such estate or interest in any of the stocks, funds, or securities herein before mentioned and referred to respectively, or of any such estate or interest in any sum or sums of money secured upon any such real and personal estate as aforesaid, or upon the security of any rates, tolls, duties, assessments, bonds, stocks, debentures, or other securities of any persons, body, or company authorised by act of Parliament, charter, or otherwise to be raised, levied, or mortgaged, and also upon security of any life policy or policies, although the amount of the loan may exceed the then present value thereof, provided the premiums on such policy or policies and the interest of the loan be collaterally secured by or upon some of the securities hereinbefore mentioned, and shall and may from time to time vary and transpose the said securities so purchased, and sell the same respectively.

6. All powers and provisions of any act or acts of Parliament for ordering and enforcing the attendance of witnesses before an arbitrator under any reference made a rule of court, and for punishing disobedience to any such order, shall apply to any arbitration of any difference or dispute under or pursuant to the rules of any of the societies intended to be affected and provided for by this act, for which purpose a copy of the resolution of the board of directors, or committee or board of management of any such society, authorising such reference, signed by the chairman, or any director, or the secretary of such society, may be made a rule of any of her Majesty's Courts at Westminster.

whether any such consent shall have been given as aforesaid, or be answerable for the misapplication or non-application of the monies in any such receipt expressed to be received, or be bound to see to the application thereof: provided always, that any building which now belongs to any such society may be held and dealt with in the same manner as if it had been acquired under or by virtue of this act.

8. It shall not be lawful for the trustees of any friendly society coming under the provisions of this act to make any investment of the funds of such society either in a savings bank or with the Commissioners for the Reduction of the National Debt: provided always, that where the funds, or any part thereof, of any such friendly society shall be invested in a savings bank or with the said commissioners, such funds shall be withdrawn from such savings bank or from the said commissioners by the said trustees within the space of twelve months after the passing of this act, if required by the said commissioners.

9. In citing this act in other acts of Parliament, and in legal proceedings and instruments, it shall be sufficient to use the expression "The Friendly Societies Discharge Act, 1854." 10. This act shall extend to Great Britain and Ireland, and the islands of Guernsey, Jersey, and Man.

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CAP. LIX.

An Act to allow Verdicts on Trials by Jury in Civil Causes in
Scotland to be returned, although the Jury may not be
unanimous.
[31st July, 1854.]

Be it enacted &c. as follows:-From and after the passing of this act, if upon the trial by jury of any civil cause in the Court of Session in Scotland the jury are unable to agree upon a verdict, and if, after having been kept in deliberation for a period of six hours, nine of the said jury shall agree, the verdict agreed to by such nine may be returned as the verdict of the jury, and shall be taken and shall have the same force and effect as if found unanimously by the whole of the said jury, any statute to the contrary notwithstanding, and during the said period they may be furnished with necessary refreshment by leave of the judge.

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CAP. LXIII.

CAP. LXIV.

[31st July, 1854.]

7. The trustees for the time being of any society intended
to be affected and provided for by this act may from time to
time, with the consent of the board of directors, or board An Act to continue the Poor-law Commission for Ireland.
or committee of management thereof, purchase, hire, or take
upon lease, and adapt and furnish, any buildings for the pur-
pose of holding the meetings and transacting the business of
such society, and shall hold the same in trust for the use of
such society, and may, with such consent as aforesaid, mort-
gage, sell, exchange, or let the same or any part thereof; and
the receipt in writing of such trustees shall be a valid and legal
discharge for the money arising from any such mortgage, sale,
exchange, or lease, and for any other monies payable to them
by virtue of this act; and no purchaser, mortgagee, lessee,
assignee, or other person shall be bound to ascertain or shew

An Act to amend an Act of the last Session for extending the
Public Libraries Act, 1850, to Ireland and Scotland.
[31st July, 1854.]

CAP. LXV.

An Act for further continuing certain temporary Provisions
concerning Ecclesiastical Jurisdiction in England.
[31st July, 1854.]

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