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road, Middlesex, carpenter, No. 64,659 T.; J. Rolfe, assignee. -Thomas Hanesworth, Bolton-le-Moors, Lancashire, hatter, No. 78,356 C.; James Gee, assignee.-John Kempter, London-wall, London, engraver, No. 64,613 T.; James Pattison, assignee.-W. Osborne, Hampstead-road, Middlesex, butcher, No. 64,621 T.; John Webb, assignee.

Saturday, Oct. 7.

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

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Wm. Lellan, James-st., Cannon-st.-road, St. the-East, Middlesex, mining agent: in the Debtors Prison for London and Middlesex.-Henry Maunton Julian, Arun. del-st., Strand, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Francis Edward Steele, Norland-road, Shepherd's-bush, Middlesex, assistant to a licensed victualler: in the Debtors Prison for London and Middlesex.-Wm. Paxon, High-st., Hampstead, Middlesex, auctioneer: in the Debtors Prison for London and Middlesex. -Charles Norwood the younger, Southgate-road, West Hackney, Middlesex in the Debtors Prison for London and Middlesex.-Walter Collett, Windsor-place, Old Kent-road, Surrey, cheesemonger in the Queen's Prison.-Thomas Dowding, Clayton-place, Caledonian-road, Islington, Middlesex, cheesemonger: in the Debtors Prison for London and Middlesex.-John Leykauff, Clapham-road-place, Surrey, not in any trade: in the Queen's Prison.-Geo. Andrews, Aston, Warwickshire, baker in the Gaol of Coventry.—William H. Moschay, Bristol, omnibus conductor: in the Gaol of Bristol. -George Noel, Cardiff, Glamorganshire, salesman of ship chandlery goods: in the Gaol of Cardiff.-—David Clayton, Bingley, Yorkshire, mechanic: in the Gaol of York.-James Steed, West Malvern, Worcestershire, bricklayer: in the Gaol of Worcester.-Lawrence Clapham, Lawkland, near Settle, Yorkshire, farm labourer: in the Gaol of York.—H. Are, Sheffield, Yorkshire, slate merchant: in the Gaol of York.-Julius Joseph, Manchester, dealer in cigars: in the Gaol of Lancaster. Edwin Eaton, Salford, Lancashire, baker: in the Gaol of Lancaster.-Robert Thompson, Durham, joiner in the Gaol of Durham.-Alfred Vidler the younger, Hastings, Sussex, painter: in the Gaol of Lewes.-Francis Taylor, Brighton, Sussex, lodging-house keeper: in the Gaol of Lewes.-Wm. Scoby, Middlesbrough-on-Tees, Yorkshire, CITY of LONDON LIFE ASSURANCE SOCIETY,

plumber: in the Gaol of York.-Elizabeth Francis, Mancheser, grocer in the Gaol of Lancaster.-John Berry, Heywood, near Bury, Lancashire, out of business: in the Gaol of LanCaster.-M. Medcalf, Manchester, brush manufacturer: in the Gaol of Lancaster.-R. Riding, Altrincham, near Manchester, builder: in the Gaol of Lancaster.-S. Green, Manchester, out of business in the Gaol of Lancaster.-Jas. Stott, Rochdale, Lancashire, printer in the Gaol of Lancaster.-Jas. Wild, Over Darwen, near Blackburn, Lancashire, out of business: n the Gaol of Lancaster.-James Pickup, Wood Top, near Burnley, Lancashire, labourer: in the Gaol of Lancaster.ames Taylor, Lancaster, out of business: in the Gaol of ancaster.- Samuel Whiteley, Salford, Lancashire, out of

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TO TRADESMEN, MERCHANTS, SHIPpers, outFITTERS, &c.-Whereas it has lately come to my knowledge that some unprincipled person or persons have for some time past been imposing upon the public by selling to the Trade and others a spurious article under the name of BOND'S PERMANENT MARKING INK, this is to give Notice, that I am the ORIGINAL and SOLE PROPRIETOR and MANUFACTURER of the said article, and do not employ any traveller, or authorise any persons to represent themselves as coming from my Establishment for the purpose of selling the said Ink. This Caution is published by me to prevent further impositions upon the public, and serious injury to myself.

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To avoid disappointment from the substitution of counterfeits, be careful to ask for the genuine Bond's Permanent Marking Ink, and further to distinguish it, observe, that NO SIXPENNY SIZE is or has at any time been prepared by him, the Inventor and Proprietor.

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usiness: in the Gaol of Lancaster.-Jas. Birtwistle, Alden, NORWICH UNION FIRE INSURANCE SOCIETY.

ear Haslingden, Lancashire, out of business: in the Gaol of ancaster.-Thos. Weech Jones Forwood, Tiverton, Devonaire, attorney-at-law: in the Gaol of St. Thomas-thepostle.-John Woodman, Birmingham, wire worker: in the aol of Coventry.—John Dales, Manchester, out of business: the Gaol of Lancaster.-Thomas Thompson, Durham, iner: in the Gaol of Durham.

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Established 1797.

PRESIDENT-ANTHONY HUDSON, Esq., Banker. VICE-PRESIDENT-Lieut.-General Sir ROBT. JOHN HARVEY, C. B. It is provided by the constitution of the Society that the insured shall be free from all responsibility; and to guarantee the engagements of the office, a fund of 550,0007. has been subscribed by a numerous and opulent proprietary, which fund has been further increased by the accumu three-fifths of the profits of the Company are periodically made to parties lation of an additional reserve, now amounting to 96,8001. Returns of insuring, who have thus from time to time received from the Society sums amounting in the aggregate to nearly 380,000l.

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The Jurist

No. 928-VOL. XVIII.

OCTOBER 21, 1854.

NAMES OF THE CASES REPORTED IN THIS NUMBER.

VICE-CHANCELLOR STUART'S COURT.

Clark v. Browne. - (Will Construction — Legacy, whether specific or general-Ademption-Resulting Trust-Executrix, subsequent Acts of)...... 903 VICE-CHANCELLOR WOOD'S COURT.

Avery v. Langford.—(Condition in Restraint of Trade) 905
COURT OF QUEEN's Bench.

Ex parte Mawby.—(Churchwarden-Election-Right
to vote-Tenants of small Tenements — Rejection of
Votes-Mandamus)...
Reg. v. The Trustees of the Worthing and Lancing
Turnpike Roads.-(Local Act-Commissioners-
Turnpike Road-Contribution towards Repair of
Turnpike Road-4 & 5 Vict. c. 59-Local Board

LONDON, OCTOBER 21, 1854.

OF INJUNCTIONS. (Continued from p. 368).

906

There is a class of cases in which the doctrine of elief against fraud has been carried to an extent which seems almost to defeat the very object of that doctrine, and to repress fraud in one party by supporting it in nother. I allude to the cases in which persons having concealed the truth, or made false representations repecting their legal and fair claims, for the purpose of nabling fraud to be committed upon others, or upon the policy of the law, have been restrained by equity rom afterwards enforcing their claims, even as between themselves and the parties to the fraud. (Gale v. Lindo, 1 Vern. 475; Id. 348; Montefiori v. Montefiori, I W. Bl. 363; see also Lamlee v. Hanman, 2 Vern. 166, and Turton v. Benson, Id. 764; 1 P. Wms. 496).

But in cases of this kind, where equities are equal, he rule “Qui prior est in tempore potior est in jure” pplies. (Roberts v. Roberts, 3 P. Wms. 66).

In some of the cases above mentioned it is to be ›bserved that the instruments given were originally without valuable consideration, and the transaction altogether based on a fraudulent purpose; but the leadng case on this subject is Neville v. Wilkinson, (1 Bro. C. C., App., 543), in which the legal title was originally fair, and based on a valuable consideration, and yet the plaintiff at law was deprived in equity of the benefit of much his legal title, because he had so dealt with it as to make it an instrument of fraud on a third party. In that case the defendant was the plaintiff's solicitor, and, having had various pecuniary transactions with him, had claims against him for a valuable consideration to a considerable amount. On the occasion of the plaintiff's negotiations for a marriage with the daughter of Robinson, the defendant was induced by the persuasions of the plaintiff to make to Robinson a false representation of the plaintiff's debts, and in particular to conceal the VOL. XVIII. 00

PRICE 18.

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debt to himself. It did not appear that the extent of the plaintiff's debts was a condition of the father's consent. The Lord Chancellor said the defendant confessed a confederacy to cheat Robinson, and he would not lay it down as a rule, that fraud in cases of that nature must be upon an article expressly contracted for; and granted an injunction to restrain the defendant from proceeding to recover any debt due before the marriage of Neville, except certain claims agreed upon between the parties; and he delivered his opinion that the defendant could not ever recover that debt against the plaintiff. (See also, as to the effect of a private agreement in fraud of a marriage contract, Palmer v. Neave, 11 Ves. 165).

We take now, out of its order, the subject of injunetions to restrain infringement of patents, as a subject on which, perhaps, the earliest use of the common-law jurisdiction, by way of injunction, is likely to be exercised.

In order to prevent irreparable mischief, or to suppress multiplicity of suits and vexatious litigation, equity interferes by injunction to restrain the infringement of alleged patent rights for inventions. (Vide 2 Story's Eq. Jur. 209; Jer. Eq. Jur., b. 3, c. 2, s. 1, p. 327; 1 Fonb. Eq. 34, notis). The jurisdiction, in restraining the infringement of patents, is in aid of a legal right; the plaintiff coming to the Court on the assumption that he has a legal right, and the Court granting its assistance on that ground. (Per Lord Cottenham, C., in Bacon v. Jones, 4 My. & C. 436).

At the present day it is not generally necessary that the plaintiff should establish his right at law in order to come into equity, the right appearing primâ facie on record by the letters-patent. (Mitf. Pl. 147; Hicks v. Raincock, Dick, 647; and see 2 Atk. 391; Anon., 1 Ves. sen. 476). See the case of The Universities of Oxford and Cambridge v. Richardson, (6 Ves. 689, 707), where the principle in regard to patents is stated to be, that if a party gets his patent and pu's his invention in

JUI.

execution, and has proceeded to a sale, that may be called possession under it. However doubtful it may be whether the patent can be sustained, equity will hold that possession under a colour of title is ground enough to enjoin, and to continue the injunction till it shall be proved at law that it is only colour, and not real title.

(To be continued).

PROSPECTUS OF THE LECTURES To be delivered during the ensuing Educational Term by the several Readers appointed by the Inns of Court.

CONSTITUTIONAL LAW AND LEGAL HISTORY. The Reader on Constitutional Law and Legal History proposes, in the ensuing Term, to pursue the History of Constitutional Law during the Reigns of the Stuarts and William III, and during such further period as time may permit. The books to which he will chiefly refer are

Hallam's Constitutional History-Millar's Constitutional History-Tindal's Continuation of RapinParliamentary History-Blackstone's CommentariesMarten's Histoire de France-Clarendon's Life-Temple's Memoirs-Somerville's History-Burnet's History of his own Time.

In his Private Classes the Reader will treat of the Progress of Constitutional Law in England, and of the most remarkable State Trials from the commencement of the Reign of Charles I to the Revolution of 1688.

The Reader on Constitutional Law and Legal History will deliver his Public Lectures at Lincoln's Inn Hall on Wednesday in each week, (the first Lecture to be delivered on the 8th November), commencing at two P. M. The Reader will receive his Private Classes on Tuesday, Thursday, and Saturday mornings, from half-past nine to half-past eleven o'clock, in the Benchers' Reading Room at Lincoln's Inn Hall.

EQUITY.

The Reader on Equity proposes to deliver, during the ensuing Educational Term, a course of Six Lectures on the Causes which led to the Separation of the Equitable from the Legal Jurisdiction in England; the leading principles on which the Equitable System has been established; the Origin of the Superior Tribunals, and the Distinctions between the Modes of Procedure adopted in the Courts of Chancery and Common Law; the History of the Court of Chancery, and the recent Alterations by which a partial Amalgamation of the two Jurisdictions has been effected.

The Reader on Equity will deliver his Public Lectures at Lincoln's Inn Hall on Thursday in each week during the Educational Term, commencing at two o'clock P.M., (the first Lecture to be delivered on the 9th November). The Reader will receive his Private Classes on Monday, Wednesday, and Friday evenings, from seven to nine o'clock, in the Benchers' Reading Room at Lincoln's Inn Hall.

LAW OF REAL PROPERTY, &c.

The Reader on the Law of Real Property, &c. proposes to deliver, in the ensuing Educational Term, a course of Six Public Lectures on the following subjects:

I. On the Law of Mortmain-Statutory Restrictions on the Alienation of Lands; Licenses to hold Land in Mortmain; Stat. 9 Geo. 2, c. 36.

II. On the Law of Charitable Uses-Stat. 43 Eliz. c. 4; Construction put upon the Statute by Courts of Equity; Effect of the Statute of Limitation upon Testamentary Gifts in favour of Charities.

III. On the Accumulation of Income-Stat. 39 & 40 Geo. 3, c. 98; Accumulation independent of the Statute.

The Lectures to be delivered to the Private Classes

will comprise the following subjects:-With the Senior Class the Reader proposes to discuss the application of the rule in Shelley's case, as illustrated by modern deci sions; and with the Junior Class, the leading principles upon which the Learning of Powers and Contingent Remainders is founded, and the application of those principles to the Practice of Conveyancing.

The Public Lectures will be delivered at Gray's Inn Hall on Friday in each week, at two P. M., (the first Lecture to be delivered on the 10th November). The Private Classes will be held in the North Library of Gray's Inn on Monday, Wednesday, and Friday moraings, from a quarter to tweive to a quarter to two o'clock.

JURISPRUDENCE AND THE CIVIL LAW.

The Reader on Jurisprudence and the Civil Law will, in the course of the ensuing Educational Term, deliver Six Public Lectures on the following subjects:I. On the Science of Jurisprudence, its Nature, Limits, and Uses-On some prevalent errors concerning it, and the misapprehensions from which they have arisen.

II. The Analysis of the Conceptions implied in the Primary Terms of Jurisprudence-On the extreme importance of this Analysis, the mode in which it has occasionally been prosecuted, and the results to which it has been supposed to lead."

III. The Relation of Jurisprudence to certain Departments of Moral Philosophy-The Jus Gentium and Jus Naturale of the Romans-On some Modern Theories of Natural Law, considered with reference to the soundness of the assumptions on which they rest.

IV. On Grotius, his Method, his Doctrines, and the School which he founded-The Influence of his Writings on Modern Private Law and on the International System-On some recent Symptoms of Reaction against his Views.

V. and VI. On the Roman Civil Law and its Relation to Scientific Jurisprudence-On the principal Points of Contrast between the Laws of England and the System of the Jurisconsults-The Study of the Civil Law in England, and the grounds on which it is to be defended and recommended.

With his Private Class the Reader proposes to disbook the Institutiones Juris Romani Privati of Warncuss the Roman Law of Property, using as his Textthemselves with the Latin text of Justinian's InstiIt is desirable that students should provide könig. tutes, and of Gaius's Commentaries; and also, if pos sible, with the Explication Historique des Instituts of Institutes by Sandars. Copies of the entire Corpus Ortolan, or with the annotated English edition of the Juris will be found in the Lecture Room.

The Public Lectures will be delivered in the Hall of

the Middle Temple on Tuesday in each week, at two 7th November). P. M., (the first Lecture of the course on Tuesday, the

The Private Classes will assemble at the Class-room in Garden-court on Tuesday, Thursday, and Saturday evenings, from seven to nine o'clock.

COMMON LAW.

The Reader on Common Law proposes to deliver, during the Educational Term, commencing on the 1st November, 1854, a course of Six Public Lectures, as under:—

Lecture I.-A Preliminary View will in this Lecture be taken of our Common Law, and of some of the leading principles which it recognises.

Lectures II and III.-Of the Nature of Legal Rights generally-Rights ex Contractu and Rights ex Delicto, how distinguishable.

Lecture IV. Of our Legal Tribunals, superior and inferior.

1

Lecture V.-The Remedy by Action at Law, or by uit in the County Court, when applicable. Lecture VI.-Of Extraordinary Remedies. With his Private Class the Reader on Common Law roposes to discuss the subjects indicated in the above rospectus, so that a foundation may thus be laid for ature Lectures concerning the Law of Contracts and Torts. The books to be principally made use of in e present Introductory Course will be Smith's Leadg Cases, Smith's Lectures on Contracts, and BlackCone's (or Stephen's) Commentaries.

The Lectures on Common Law during the ensuing Educational Term will be delivered, and the Private lasses will meet, in the Hall of the Inner Temple, as nder :

The Public Lecture on Monday in each week at two

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THE BOARD OF TRADE-ITS GENERAL FUNCTIONS. 6. Board of Trade to be department to superintend merchant ipping.

7. Certificates and documents purporting to be sealed or gned in a given manner.

8. Board of Trade to issue forms of instruments, (other an those required by the second part of the act).

9. Certain forms and instruments to be exempt from stamp uty.

10. Penalties for forgery of seal and fraudulent alteration of orms, and for not using forms issued by the Board.

11. Application of monies and fines paid to Board of Trade. 12. Returns to Board of Trade.

13. Officers of Board of Trade, naval officers, consuls, the egistrar-general of seamen, officers of customs, and shipping asters may inspect documents and muster crews.

14. Board of Trade may appoint inspectors.

15. Powers of inspectors; witnesses to be allowed expenses ; enalty for refusing to give evidence.

16. Penalty for obstructing inspectors in the execution of eir duty.

PART II.

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Registry of British Ships.

30. Registrars of British ships.

31. Substitution of governor abroad for commissioners of customs, and of consul for justice.

32. Registrar to keep register books.

33. Port of registry of British ship. 34. Name of ship.

35. Application for registry, by whom to be made. 36. Survey of ship.

37. Rules as to entries in register book.

38. Declaration of ownership by individual owner.
39. Declaration of ownership by body corporate.
40. Evidence to be produced on registry.
41. Penalty on builder for false certificate.
42. Particulars of entry in register book.
43. No notice taken of trusts.

Certificate of Registry.

44. Certificate of registry to be granted.

45. Change of owners to be indorsed on certificate of registry.

46. Change of master to be indorsed on certificate of registry.

47. Power to grant new certificate.

48. Provision in case of loss, &c. of certificate.

49. Provisional certificate, when to be delivered up.

50. Custody of certificate; delivery of certificate may be required; penalty for detention.

51. Mode of proceeding if detaining party abscond.

52. Penalty for using improper certificate.

53. Certificate of ship lost or ceasing to be British to be delivered up.

54. Provisional certificate for ship becoming vested in British owners at foreign port.

Transfers and Transmissions. 55. Transfer of ships or shares therein. 56. Declaration to be made by transferee. 57. Registration of transfer.

58. Transmission of shares by death, bankruptcy, or marriage.

59. Proof of transmission by bankruptcy, marriage, will, or on intestacy.

60. Registration of transmitted share.

61. Registrar to retain certain evidence.

62. Unqualified owner entitled by transmission may apply to Court for sale of ship.

63. Order to be made by Court.

64. Limit of time for application.

65. Power of Courts to prohibit transfers.

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