The Jurist No. 925-VOL. XVIII. SEPTEMBER 30, 1854. NAMES OF THE CASES REPORTED IN THIS NUMBER. Holman v. Loynes.-(Attorney purchasing from Client ... COURT OF APPEAL IN CHANCERY. Sherwin v. Shakspeare.-(Vendor and Purchaser-Interest on Purchase Money-Vendor in Possession -Account of Rent as against-Allowance of necessary Repairs-Decree-Allowance of Income Tax in respect of Occupation Rent) ... ROLLS COURT. Byam v. Sutton.-(Charge of Annuity on Real Estate VICE-CHANCELLOR STUART'S COURT. 839 843 847 PRICE 1S. VICE-CHANCELLOR WOOD'S COURT. Hudson v. Carmichael.-(Husband and Wife-Wife's COURT OF QUEEN'S BENCH. ... ...... Gurney v. Behrend.-(Bill of Lading-Bills of Ex- 851 853 856 859 on conviction before two justices, be adjudged to pay a penalty not exceeding 500%., or to be imprisoned for twelve months, with or without hard labour. (Sect. 4). The wording of this and other sections shews how carefully the Legislature have to deal with the class of persons against whom the act is directed, so as to prevent escape from its provisions. In furtherance of the object of the act, persons found in a place entered under a warrant or order (granted by virtue of the 8 & 9 Vict. c. 109) may be required to be examined on oath touching unlawful gaming in the house, or obstructing the entry of the officers, and shall not be excused from answering on the ground that their evidence may criminate themselves, and may be committed for contempt if they will not be sworn or answer. If, however, they make a true and faithful discovery, to the best of their knowledge, they are to receive a certificate to that effect, which will indemnify them against proceedings. (Sect. 6). The remaining sections (sects. 7-15) relate to the mode of enforcing and appropriating the penalties, the substitution of an informer (if necessary) for the one who laid the information, the giving an appeal, the taking away of the certiorari, and the protection of persons acting under the act. In continuing our review of the statutes of practical importance passed during the last session, we come to one for the suppression of gaming-houses, (17 & 18 Vict. c. 38), which has been in force since the 1st August last. Owing to the dexterity with which the implements of gaming were disposed of before the police could enter the room, the former law, requiring that they should be found on the premises, had become a dead letter, and it is consequently now enacted that any person who wilfully obstructs or endeavours to obstruct the entrance of an officer authorised to enter gaming-houses shall be liable to a penalty not exceeding 1007., or to imprisonment for six months; and if such officer be obstructed, or the means of obstruction, or the instruments of gaming, or means for concealing or destroying the same, be found on the premises, it shall be prima facie evidence of the place being a com- Admiralty Courts. It was lately decided in Reg. v. mon gaming-house, and of the persons found there Stone (17 Jur., part 1, p. 1106) that commissioners to having been unlawfully playing. (Sects. 1, 2). Any administer oaths in Chancery had no power to admiperson found therein refusing to give his name and ad-nister oaths in the High Court of Admiralty, although dress, or giving a false one, is liable to a penalty not exceeding 50%., or a month's imprisonment. (Sect. 3). The owner, occupier, or keeper of the place using it for the purpose of unlawful gaming, or knowing it to be so used, or advancing money for such purpose, may, VOL. XVIII. LL Ecclesiastical Courts, (17 & 18 Vict. c. 47).-Witnesses may be summoned and examined herein vivâ voce as well as by deposition, and notes of such evidence shall be taken down in writing by some officer of the court or person directed by the court to do so. it had long been the practice to do so, and therefore 18 13-23) relate to the procedure in the court, and to the payment of fees by stamps. sell the animal openly at any public market (after three days' public printed notice thereof) for the best price, and pay himself the expenses of the sale out of the proceeds, rendering the surplus (if any) to the owner. (Sect. 1). No person after the 1st January, 1855, is to use any dog for the purpose of drawing a cart, carriage, truck, or barrow on any public highway in any part of the United Kingdom, under a penalty of 40s. "Animal" is to mean any domestic animal, whether a quadruped or not. (Sects. 2, 3). PUBLIC GENERAL STATUTES. Friendly Societies are again legislated for by two statutes, (17 & 18 Vict. cc. 56, 101). The former relates only to such as grant policies of assurance payable at death for sums exceeding 1000l., which are no longer to be friendly societies, nor to be affected by acts passed in the last or in future sessions relating thereto. No exemption from stamp duties is to extend to such societies, and they are not to assure in favour of nominees, but only of the person assuring, or his executors, administrators, or assigns; but they may effect the objects allowed by their rules, and all legal assurances. Provision is made for the investment of the funds of such societies, but they are not to invest in savings banks, or with the Commissioners for the Reduction of the National Debt; they may purchase and hold buildings for offices; the attendance of witnesses before arbitrators under their rules may be enforced. The act is to extend to Great Britain and Ireland, and the islands of Guernsey, Jersey, and Man, and may be cited Sect. 1. Acknowledgment of Deed not impeachable by reason "The Friendly Societies Discharge Act, 1854.” (Sects. 1-10). as The second act merely continues stat. 13 & 14 Vict. c. 115, and enacts, that all transcripts of the rules of friendly societies, now filed with the rolls of the sessions of the peace, shall be taken off the file and sent to the registrars, who shall keep the same, as directed by one of the Secretaries of State. Parliament.-Sheriffs of counties are to be returning officers for parliamentary electors in boroughs situate in such counties where the office of returning officer is vacant. (17 & 18 Vict. c. 57). The laws relating to bribery, treating, and undue influence at parliamentary elections are consolidated and amended by the 17 & 18 Vict. c. 102, which, however, is to be in force only for one year. (Sect. 39). By this act, bribery, treating, and undue influence are defined, and their penal consequences declared. Payments made by a candidate or his agent for cockades, ribbons, or other mark of distinction, or for chairing, bands of music, or flags or banners, at an election, are declared to be illegal. (Sects. 1-7). Voters are not compellable to serve as special constables at elections. (Sect. 8). No indictment for bribery or undue influence is to be tried at quarter sessions. (Sect. 10). Auditors of election expenses are to be annually ap pointed. Persons having claims on a candidate in respect of elections must send in their bills to such candidates or their agents within a month from the day of the declaration of the election, otherwise their claims are to be barred. In case of the death of the creditor the time is extended. The bills are to be sent by the candidates to the election auditor, through whom payment is to be made, and who is to publish an abstract of the accounts in some newspaper of the county or borough. The candidate, however, may pay his own personal expenses, and the expenses of advertising. No refreshment, or money or ticket to obtain it, is to be given to any voter, by the candidates or their agents, on the day of nomination or day of polling, under a penalty of 21. for each offence. Before the nomination each candidate is to give to the election auditor in writing the names of his agents, who alone are to have authority to expend money or incur expenses on his behalf. Among the acts repealed is stat. 7 & 8 Geo. 4, c. 37, which disqualified persons employed at an election, as counsel, attorney, agent, or in any other capacity, from voting. (Sects. 15-34). The prevention of cruelty to animals is sought to be rendered more effectual by the stat. 17 & 18 Vict. c. 60, whereby every person impounding or confining any animal, and supplying it with food and water, may recover from the owner not exceeding double the value of such food and water, or after seven clear days may (Continued from p. 340). An Act to remove Doubts concerning the due Acknowledg. 2. 3. only of Party before whom same was taken being interested. Staying Proceedings for quashing Certificate of Acknowledgment. Court of Common Pleas may make Rules for preventing Commissioners who are interested from taking Acknowledgments. Whereas by the act passed in the session of Parliament holden in the 3 & 4 Will. 4, c. 74, "for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," it is provided that every deed to be executed by a married woman for any of the purposes thereof, except such as may be executed by her in the character of protector, for the sole purpose of giving her consent to the disposition of a tenant in tail, shall, upon her executing the same or afterwards, be produced and acknowledged by her as her Westminster, or a master in Chancery, or before two of the act and deed before a judge of one of the superior courts at perpetual commissioners, or two special commissioners to be respectively appointed as therein provided, and a certificate of the taking of such acknowledgment is thereby directed to be lodged with some officer of the Court of Common Pleas at Westminster, who is directed, after satisfying himself that the requisitions of the said act have been complied with in manner therein mentioned, to cause the said certificate to be filed of record in the said Court of Common Pleas and whereas it is apprehended that deeds executed by married women under the provisions of the said act may be liable to be invalidated by the circumstance that the judge, or master in Chancery, or one or both of the commissioners, taking the acknowledgment, may be or may have been interested or concerned, either as a party knowledgment, and it is not expedient that deeds executed in or otherwise, in the transaction giving occasion for such acgood faith under such circumstances should be invalidated: be it therefore enacted &c. as follows: shall hereafter be acknowledged by a married woman before a Sect. 1. No deed which has been acknowledged or which judge of one of the superior courts of Westminster, or a master in Chancery, or before two of the perpetual commissioners, or two special commissioners appointed as by the said act is required, shall be impeached or impeachable, at any time after the certificate of such acknowledgment has been filed of record in the Court of Common Pleas at Westminster, by reason only that such judge, or master in Chancery, or such commissioners, or either of them, was or were interested or concerned, either as a party or parties, or as attorney or solicitor, or clerk to the attorney or solicitor of one of the parties, or otherwise, in the transaction giving occasion for such acknowledgment. July, 1854, in the said Court of Common Pleas, for the purpose of quashing, or taking off the file of records of the said married woman, on the ground that such judge, or master in court, any certificate of an acknowledgment of a deed by a Chancery, or either of such commissioners, was interested or concerned as aforesaid, shall be pending at the passing of this act, it shall be lawful for the said Court to proceed with and dispose of the same as if this act had not passed, except that 2. Provided, that if any proceeding instituted before the 13th if the said Court shall be satisfied that any person or persons acting bonâ fide has or have been induced by the terms of the orders made by the said Court in Hilary Term, 1834, to acknowledge, or to accept a title depending on the acknowledgment of, any deed or deeds before commissioners, one of whom may have been interested or concerned as aforesaid, the said Court may refuse to permit the certificate to be quashed or taken off the file, on such terms as to the payment of costs and expenses as the said Court shall think fit to make. 3. The Court of Common Pleas may from time to time make any rules which to them may seem fit for preventing any commissioners interested or concerned as aforesaid from taking any acknowledgment under the said recited act, anything herein contained to the contrary notwithstanding, so nevertheless that no such rule shall make invalid any acknowledgment after the certificate shall have been filed of record as aforesaid. 3. The immediate Government of any Part of the Indian Territories may be vested in the GovernorGeneral of India in Council. 4. Governor-General may limit the Powers of Gover- 5. Powers of Governor-General as Governor of Bengal 8. Act to be construed with the 16 & 17 Vict. c. 95. Whereas doubts may arise as to the mode of passing letterspatent and other acts of the Crown relating to India in certain cases where her Majesty's pleasure is to be signified under her royal sign-manual, and it is expedient to remove such doubts, and to provide an uniform mode of proceeding in such cases: and whereas it is expedient to provide for the administration by the Governor-General of India in Council of such parts of the territories for the time being under the government of the East India Company as it may not be advisable to include inany presidency or lieutenant-governorship, and to vest in such Governor-General of India in Council the powers now vested in the Governor of the Presidency of Fort William, in Bengal: be it enacted &c. as follows: Sect. 1. Whenever it shall please her Majesty to cause letters-patent to be issued under the Great Seal of the United Kingdom for the nomination or appointment of any person to any office in India, or to any office relating to the government thereof, or for any other purpose whatsoever relating to India, the warrant under her Majesty's royal sign-manual for causing such letters-patent to be passed under the Great Seal shall be countersigned by the President of the Board of Commissioners for the Affairs of India, and by no other person, and shall be sealed with the privy seal, for which sealing such royal signmanual so countersigned shall be sufficient warrant to the Lord Keeper of the Privy Seal, and such warrant under the royal sign-manual, so countersigned and sealed as aforesaid, shall be a sufficient authority to the Lord High Chancellor, or Lord Keeper or Lords Commissioners of the Great Seal of the United Kingdom, for passing letters-patent under such Great Seal, according to the tenor of the same warrant; and whenever her Majesty's royal sign-manual is or may be required to any warrant or writing for the appointment or removal of any person to or from any office in India, or any office relating to the government thereof, or is or may be required to any warrant or writing for the purpose of signifying her Majesty's approbation or consent to any appointment or removal to or from any such office, or for any other purpose whatsoever relating to India, such warrant or writing shall be countersigned by the president of the said board, and by no other person; and every such warrant or writing as aforesaid under her Majesty's royal sign-manual which may have been heretofore countersigned by such president shall not be deemed to have required any other counter-signature or verification. 2. During any vacancy in the office of President of the Board of Commissioners for the Affairs of India, any warrant or writing required under this act or otherwise to be countersigned by such president shall be countersigned by one of her Majesty's Principal Secretaries of State. 3. It shall be lawful for the Governor-General of India in Council, with the sanction and approbation of the Court of Directors of the East India Company, acting under the control and direction of the Board of Commissioners for the Affairs of India, from time to time, by proclamation duly published, to take under the immediate authority and management of the said Governor-General of India in Council any part or parts of the territories for the time being in the possession or under the government of the said company, and thereupon to give all necessary orders and directions respecting the administration of such part or parts of the said territories, or otherwise to provide for the administration thereof: provided always, that no law or regulation in force at any such time as regards any such portion of territory shall be altered or repealed except by law or regulation made by the Governor-General of India in Council. 4. It shall be lawful for the said Governor-General of India in Council, with the like sanction and approbation, from time to time to declare and limit the extent of the authority of the Governor in Council, Governor, or Lieutenant-Governor of Bengal, or of Agra, or the North-west Provinces, who is now or may be hereafter appointed. the Governor in Council, or Governor of the Presidency of 5. All powers now or at any time vested in or exercised by Fort William, in Bengal, or in or by the Governor-General of India in Council, in respect of such presidency, and which for the time being shall not have been transferred to the Governor in Council, Governor, or Lieutenant-Governor of Bengal, or of Agra, or the North-west Provinces, shall be vested in and may be exercised by the Governor-General of India in Council, and the Governor-General of India shall no longer be the Governor of the said Presidency of Fort William, in Bengal. 6. All acts of the Governor-General of India, or of the Governor-General of India in Council, done before the commencement of this act, in respect to the Presidency of Fort William, in Bengal, shall be as good and valid, and of the same force and effect, as if done by the Governor of the said Presidency. 7. In the construction of this act, "India" shall be construed to mean the territories for the time being in the possession and under the government of the East India Company. 8. This act shall be read and construed as part of the act of the last session of Parliament, c. 95. 3. Judge of Admiralty may appoint Solicitors and Notaries to administer Oaths, &c. 4. Commissioner's Appointment to bear a Stamp of 11. 5. Personal Answers may be taken without a Commission. 6. Commission for Examination of Witnesses dispensed with, and Examiners empowered to administer Oaths. 7. Answers, Affidavits, &c., how to be sworn and taken in England and Wales. 8. Answers, Affidavits, &c., how to be sworn and taken out of England and Wales. 9. Penalty for false swearing, &c. 10. Penalty for forging Signature or Seal of Judge, &c. empowered to administer Oaths under this Act. 11. Power to appoint Persons under special Circum. stances to administer Oaths, &c. 12. Power of Judge to issue Commissions as heretofore, to administer Oaths, &c. 13. Power to Court to proceed by Way of Monition. 15. After such Order, Fees not to be received in Money, 16. Commissioners of Inland Revenue to give the necessary Directions as to the Stamps, and to keep separate Accounts. 17. Provision for Sale of Stamps. 18. Commissioners of Inland Revenue may make Regulations as to Allowance for spoiled Stamps. 19. Provisions of former Acts relating to Stamps to be applicable to Stamps under this Act. 20. No Document to be received or used unless stamped. 21. Officers guilty of Fraud or wilful Neglect in relation to Stamps liable to be dismissed. 22. Power to Treasury to order Pensions for retiring Officers. 23. Provisions to extend to Instance, Prize, and other Matters. Whereas doubts have arisen whether the "Commissioners to administer Oaths in Chancery" may lawfully administer oaths, or take declarations, affirmations, or attestations, in the High Court of Admiralty of England: and whereas it is expedient that fit and proper persons should be forthwith ap. pointed for such purposes; and it is also expedient to provide for the collection of the fees payable in relation to proceedings in the said court by means of stamps to be provided and used for the purpose: be it enacted, &c. as follows: Sect. 1. This act may for all purposes be cited as "The Admiralty Court Act, 1854." 2. This act shall come into operation on the 1st day of August, 1854. 3. It shall be lawful for the judge of the High Court of Admiralty of England, and he is hereby empowered, from time to time, and as and when he may think fit, to appoint any person practising as a proctor, solicitor, or notary public in any part of England and Wales to administer oaths and take declarations, affirmations, and attestations in or relating to any matter, suit, or proceeding in the High Court of Admiralty of England; and such persons shall be styled "Commissioners to administer Oaths in Admiralty," and shall be entitled to charge and take a fee of 1s. 6d. for every oath administered by them, and for every declaration, affirmation, and attestation taken by them, subject to any order of the judge of the said court varying or annulling the same. 4. The fiat or document by which any such commissioner shall be appointed shall bear a stamp of 17., and it shall not be necessary that any such appointment should be published in the London Gazette. 5. It shall not be necessary to sue out any commission to take the personal answers of any party in any matter, suit, or proceeding in the said court; and any such answers may be filed without any further or other formality than is required in the swearing and filing of an affidavit. 6. It shall not be necessary to sue out any commission for the examination of any witnesses in any matter, suit, or proceeding in the said court; and any examiner appointed by any order of the said court shall have the like power of administering oaths as commissioners now have under commissions issued by the court for the examination of witnesses. 7. All answers, examinations, affidavits, depositions on oath, declarations, affirmations, and attestations in or relating to any matter, suit, or proceeding in the said High Court of Admiralty shall and may be sworn and taken in England and Wales before any such commissioner appointed as aforesaid, or before any magistrate or justice of the peace, or before any commissioner to administer oaths in Chancery. 8. All answers, examinations, affidavits, depositions on oath, declarations, affirmations, and attestations in or relating to any matter, suit, or proceeding in the said High Court of Admiralty of England shall and may be sworn and taken in Scotland or Ireland, or the Isle of Man, or the Channel Islands, or any of them, or in any colony, island, plantation, or place under the dominion of her Majesty in foreign parts, before any judge, court, magistrate, notary public, or person lawfully authorised to administer oaths in such country, island, or plantation, or place respectively, or before any of her Majesty's consuls or vice-consuls in any foreign parts out of her Majesty's dominions; and the judge and other officers of the said High Court of Admiralty shall take judicial notice of the seal or signature, as the case may be, of any such judge, court, magistrate, notary public, person, consul, or vice-consul attached, appended, or subscribed to any such answers, exami. nations, affidavits, depositions on oath, declarations, affirmations, and attestations, or the documents to be used in the said court. 9. All persons swearing, declaring, affirming, or attesting before any person authorised by this act to administer oaths and take declarations, affirmations, and attestations, shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing, declaring, affirming, or attesting contained therein, as if the matter sworn, declared, affirmed, or attested had been sworn, declared, affirmed, or attested before any court or person now by law authorised to administer oaths and take declarations, affirmations, and attestations. 10. If any person shall forge the signature or the official seal of any such commissioner, judge, court, magistrate, notary public, or other person lawfully authorised to administer oaths and take declarations, affirmations, or attestations under this act, or shall tender in evidence any answers, examination, deposition on oath, declaration, affirmation, attestation, or other judicial or official document, with a false or counterfeit signa. ture or seal of any such commissioner, judge, court, magistrate, notary public, or other person authorised as aforesaid, attached or appended thereto, knowing the same signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be liable to the same punishment as any offender under an act passed in the 8 & 9 Vict., intituled "An Act to facilitate the Admission in Evidence of certain official and other Documents." 11. The judge of the High Court of Admiralty of England may, whenever it shall appear to him necessary so to do, authorise any person to administer oaths and to take affidavits, depositions on oath, declarations, affirmations, and attestations during the time such person shall be on the high seas, or in any place not within her Majesty's dominions, in or relating to prize proceedings in the said court, and it shall not be necessary to affix any stamp to the fiat or document by which any such person shall be appointed. 12. Nothing herein contained shall abridge or lessen the power of the judge of the said High Court of Admiralty of England, as it now exists, to issue commissions as heretofore, and to appoint fit persons to administer oaths, take affidavits, depositions on oath, declarations, affirmations, and attestations, and generally to execute any commissions, nor shall affect in any manner the power of the judge or surrogates of the said court to administer oaths and take affidavits, depositions on oath, declarations, affirmations, and attestations as heretofore, in or relating to any matter, suit, or proceeding in the said court. 13. In all cases in which a party has a cause or right of action in the High Court of Admiralty of England against any ship, or freight, goods, or other effects whatever, it shall not be neces sary to the institution of the suit for such person to sue out a warrant for the arrest thereof, but it shall be competent to him to proceed by way of monition, citing the owner or owners of such ship, freight, goods, or other effects to appear and defend the suit, and upon satisfactory proof being given that the said monition has been personally served upon such owner or owners, the said court may proceed to hear and determine the suit, and may make such order in the premises as to it shall seem right. 14. Her Majesty may by Order in Council from time to time vary, alter, or abolish all or any of the fees payable in relation to proceedings in the High Court of Admiralty of England, and may substitute one or more fee or fees in lieu thereof, and may direct that all or any of such fees shall, from a day to be named in such order and thenceforth, be collected by means of stamps, to be provided and used in manner hereinafter mentioned. 15. From and after the day named in such order the fees directed by such order to be received by stamps shall not be received in money, but by a stamp denoting the amount of the fee which otherwise would be payable; and where any fee shall be payable in respect of any document, such stamp shall, at the expense of the party liable to pay, and in such manner and under such regulations as shall by any order of the judge of the said court be directed, be stamped or affixed on the vellum, parchment, or paper on which the proceeding in respect whereof such fee is payable is written, printed, or ingrossed, or which may be otherwise used in reference to such proceeding. 16. The Commissioners of Inland Revenue shall from time to time, and as occasion shall require, give the necessary directions for carrying the same into effect, and shall provide everything that is requisite for that purpose, and shall do or cause to be done everything that is necessary for the receipt and collection of the money to be paid for such stamps, and the said commissioners shall cause separate and distinct accounts to be kept of all sums of money received or collected by them in respect of the sale of such stamps, and of all costs, charges, and expenses incurred by them, or by their direction, in carrying the same into effect. 17. The Commissioners of Inland Revenue may, if they think it necessary to do so, authorise proper persons for the sale and distribution of all or any of the stamps to be used under this act, and may allow to such persons the usual or customary discount or poundage thereon. 18. The Commissioners of Inland Revenue shall from time to time make such regulations as they shall think fit for the allowance of such stamps issued under the provisions of this act as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no immediate use, or which through mistake or inadvertence may have been improperly or unnecessarily used, and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed, or by repaying the amount or value to the owner or holder thereof, after deducting the discount or poundage (if any) allowed on stamps of the like kind. 19. The provisions contained in the several acts for the time being in force relating to stamps under the care or management of the Commissioners of Inland Revenue shall, (so far as the same are applicable and consistent with the provisions of this act), in all cases not hereby expressly provided for, be of full force and effect with respect to the stamps to be provided under or by virtue of this act, and to the vellum, parchment, or paper on or to which the same stamps shall be impressed or affixed, and be applied and put in execution for collecting and securing the sums of money denoted thereby, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes as if such provisions had been herein repeated and specially enacted with reference to the said lastmentioned stamps and sums of money respectively. 20. No document which by any order as aforesaid ought to have had a stamp impressed thereon or affixed thereto shall be received or filed or be used in relation to any proceeding in the High Court of Admiralty, or be of any validity for any purpose whatsoever, unless or until the same shall have a stamp impressed thereon or affixed thereto in the manner directed by such order: provided always, that if at any time it shall appear that any such document which ought to have had a stamp impressed thereon or affixed thereto has, through mistake or inadvertence, been received or filed or used without having such stamp impressed thereon or affixed thereto, the judge of the said court may, if he shall think fit, order that a stamp, not exceeding in value four times the amount of such original stamp, shall be impressed thereon or affixed thereto; and thereupon, when the proper stamp shall, in compliance with such order, have been impressed on such document or affixed thereto, such document, and every proceeding in reference thereto, shall be as valid and effectual as if such stamp had been impressed thereon or affixed thereto in the first instance. 21. If any officer of the High Court of Admiralty, or other person, shall do or commit or connive at any fraudulent act or practice in relation to any stamp to be used under the provisions of this act, or to any fee or sum of money to be collected or which ought to be collected by means of any such stamp, or if any such officer or person shall be guilty of any wilful act, neglect, or omission in relation to any such stamp or fee as aforesaid, whereby any fee or sum of money which ought to be collected shall be lost, or the payment thereof evaded, every such officer or person so offending may be dismissed from his office or employment by the judge of the said court. 22. It shall be lawful for the Commissioners of her Majesty's Treasury, on the recommendation of the judge of the High Court of Admiralty, to order to be paid to any person now or hereafter holding any office or employment in the said court, who shall be afflicted with some permanent infirmity disabling him from the due execution of his office, or shall be desirous of resigning the same, a superannuation or allowance; and in ascertaining and awarding the amount of such superannuation or allowance, the said commissioners shall proceed according to the principles laid down in the act of the 4 & 5 Will. 4, c. 24. 23. Except where it shall be otherwise expressed, the provisions of this act shall apply to all instance, prize, and other matters, suits, and proceedings of which the High Court of Admiralty may legally take cognisance. (To be continued). London Gazettes. FRIDAY, SEPtember 22. BANKRUPTS. JAMES SANDERS, late of Bishop's Stortford, Hertfordshire, confectioner and wine merchant, but now of Paddingtongreen, Middlesex, corn dealer, dealer and chapman, Oct. 5 at 11, and Nov. 9 at 12, Court of Bankruptcy, London: Off. Ass. Bell; Sol. Hubbard, Bucklersbury.-Petition filed Sept. 20. WILLIAM ROBINSON, Church-row, Limehouse, Middlesex, late of Liverpool, shipowner, but now a prisoner for debt in the Queen's Prison, Surrey, Oct. 4 and Nov. 2 at 1, Court of Bankruptcy, London: Off. Ass. Johnson; Sol. Strong, 44, Jewin-st., Cripplegate.-Petition filed Sept. 16. JONATHAN SMART, Saffron Walden, Essex, cabinet maker, upholsterer, and ironmonger, dealer and chapman, Oct. 2 at 2, and Nov. 7 at 1, Court of Bankruptcy, London: Off. Ass. Lee; Sols. W. & R. D. Thurgood, Saffron Walden, Essex; Sharpe & Co., 41, Bedford-row, London. -Petition filed Sept. 19. CHARLES HICKMAN, High-road, Knightsbridge, Middlesex, licensed victualler, dealer and chapman, Oct. 2 at half-past 1, and Nov. 7 at 2, Court of Bankruptcy, London: Off. Ass. Lee; Sol. Stubbs, 46, Moorgate-street, London.-Petition filed Sept. 20. WILLIAM WEST, London-terrace, Hackney-road, Middlesex, linendraper, dealer and chapman, Oct. 2 at half-past 2, and Nov. 7 at half-past 1, Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Archer, 2, Church-court, Clement's-lane, London.-Petition filed Sept. 20. JOSEPH CAWLEY, Michael's-place, Brompton, Middlesex, upholsterer, Oct. 2 at half-past 12, and Nov. 14 at 12, Court of Bankruptcy, London: Off. Ass. Edwards; Sol. Kinsey, 20, Bloomsbury-square, London. - Petition filed Sept. 20. HENRY BASIL BRAY, Coventry, Warwickshire, grocer, dealer and chapman, Oct. 6 and 26 at half-past 10, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sols. Motteram & Knight, Birmingham; Sturmy & Co., 14, Philpot-lane, London.-Petition dated Sept. 9. JOSEPH WHITMORE, Leicester, woolstapler, dealer and chapman, Oct. 3 and 31 at 10, District Court of Bankruptcy, Nottingham: Off. Ass. Harris; Sols. Palmer & Billson, Leicester; Motteram & Knight, Birmingham.Petition dated Sept. 8. WILLIAM CLARKE, Gloucester, licensed victualler, Oct. WILLIAM WALKER, Manchester, builder, dealer and chapman, Oct. 6 and Nov. 7 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Fraser; Sol. Boote, Manchester.-Petition filed Sept. 13. JOHN HARWOOD, Blackburn, Lancashire, tailor and draper, dealer and chapman, Oct. 5 and Nov. 8 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Pott; Sol. Haigh, Huddersfield, Yorkshire.-Petition filed Sept. 13. |